WEBVTT 00:00:00.000 --> 00:00:04.919 for planning and zoning Commission it is 532 and we'll go 00:00:04.919 --> 00:00:05.759 ahead and start this 00:00:05.759 --> 00:00:08.060 the meeting has been duly posted we do have a quorum 00:00:08.060 --> 00:00:09.960 tonight and so we can jump 00:00:09.960 --> 00:00:14.599 right into the consent consent agenda does anyone have any 00:00:14.599 --> 00:00:15.640 questions of Haley 00:00:15.640 --> 00:00:21.359 for the one item on the consent agenda 00:00:29.039 --> 00:00:43.210 perfect we'll have Haley come up thanks right chair on the 00:00:43.210 --> 00:00:45.039 general notes of the 00:00:45.039 --> 00:00:52.359 plan number two it talks about I think it's the end of the 00:00:52.359 --> 00:00:53.159 first sentence is 00:00:53.159 --> 00:00:56.549 that that a portion of this property is within the non 00:00:56.549 --> 00:00:58.240 shaded zone X defined as 00:00:58.240 --> 00:01:02.770 there is determined to be outside the 0.2% and it says a 00:01:02.770 --> 00:01:03.479 portion of this 00:01:03.479 --> 00:01:06.239 property is within the shaded zone can you show us what 00:01:06.239 --> 00:01:07.780 they're talking about on 00:01:07.780 --> 00:01:16.379 the illustration there yes on the plant you can see they 00:01:16.379 --> 00:01:18.280 have called out the 00:01:18.280 --> 00:01:21.680 FEMA zone X okay different shadings here right so there is 00:01:21.680 --> 00:01:23.400 a floodplain floodplain 00:01:23.400 --> 00:01:27.040 ESA and riparian buffer all within the property within this 00:01:27.040 --> 00:01:28.040 easement right 00:01:28.040 --> 00:01:30.650 that's reflected here that's all they're talking about yes 00:01:30.650 --> 00:01:31.319 okay that's kind of 00:01:31.319 --> 00:01:36.879 fun just want to make sure thank you any other questions 00:01:36.879 --> 00:01:41.239 for Haley thank you 00:01:41.239 --> 00:01:45.790 that'll move us to the individual considerations and I will 00:01:45.790 --> 00:01:46.760 invite Cindy 00:01:46.760 --> 00:01:53.519 Jackson to speak about items the 1804 be 00:02:00.599 --> 00:02:08.120 thank you vice chair commissioners the Z 18 - 0 0 4 you 00:02:08.120 --> 00:02:09.319 remember this from our May 00:02:09.319 --> 00:02:14.560 9th meeting it's a request to rezone four parcels that you 00:02:14.560 --> 00:02:15.400 can see right here 00:02:15.400 --> 00:02:21.889 from the dr1 to the DCG district at the time of the meeting 00:02:21.889 --> 00:02:23.159 on May 9th the 00:02:23.159 --> 00:02:26.319 council excuse me the planning and zoning Commission 00:02:26.319 --> 00:02:27.800 actually had a tie 00:02:27.800 --> 00:02:32.759 vote for whether or not to deny this and then when there 00:02:32.759 --> 00:02:34.719 was a motion made to 00:02:34.719 --> 00:02:37.969 continue this there was a tie vote as well it was 00:02:37.969 --> 00:02:39.639 determined the applicant did 00:02:39.639 --> 00:02:44.319 have to come back and staff was instructed to investigate 00:02:44.319 --> 00:02:45.759 the possibility 00:02:45.759 --> 00:02:48.580 of an overlay district on the site and the applicant was 00:02:48.580 --> 00:02:49.759 instructed to hold the 00:02:49.759 --> 00:02:57.199 neighborhood meeting again just real quick zoning map here 00:02:57.199 --> 00:02:58.800 recap of the the 00:02:58.800 --> 00:03:01.960 meeting concerns expressed were the loss of affordable 00:03:01.960 --> 00:03:02.919 housing should this 00:03:02.919 --> 00:03:07.449 request be permitted the proposed exit on maple the maximum 00:03:07.449 --> 00:03:08.439 100 foot building 00:03:08.439 --> 00:03:12.610 height permitted in the DCG district the use is permitted 00:03:12.610 --> 00:03:13.680 within the DCG 00:03:13.680 --> 00:03:16.289 district and the lack of a neighborhood meeting with 00:03:16.289 --> 00:03:18.439 surrounding property owners 00:03:18.439 --> 00:03:25.319 the applicant has actually held two neighborhood meetings 00:03:25.319 --> 00:03:28.360 with one was 00:03:28.360 --> 00:03:32.120 lot one was yesterday afternoon and one was Wednesday night 00:03:32.120 --> 00:03:33.240 Commissioner Beck 00:03:33.240 --> 00:03:40.930 was at the one Wednesday we had small turnout however they 00:03:40.930 --> 00:03:42.280 were they were the 00:03:42.280 --> 00:03:45.789 people that spoke at the meeting actually on May 9th and 00:03:45.789 --> 00:03:46.800 residents that 00:03:46.800 --> 00:03:50.050 lived in the area or owned property adjacent to the proper 00:03:50.050 --> 00:03:51.759 to this site and 00:03:51.759 --> 00:03:55.650 the applicant did come up with acceptable alternate 00:03:55.650 --> 00:03:57.240 proposals which she 00:03:57.240 --> 00:04:04.120 will actually discuss later in the meeting in the in the 00:04:04.120 --> 00:04:07.360 actual meeting 00:04:07.360 --> 00:04:13.719 this tonight and staff had talked to the applicant 00:04:13.719 --> 00:04:16.240 regarding the possibility of 00:04:16.240 --> 00:04:19.329 an overlay which would restrict the height of the buildings 00:04:19.329 --> 00:04:20.160 to two stories 00:04:20.160 --> 00:04:25.040 and which would restrict the use to garden office no other 00:04:25.040 --> 00:04:25.800 use would be 00:04:25.800 --> 00:04:32.160 permitted in that zoning in that area so that is our 00:04:32.160 --> 00:04:37.399 recommendation the staff 00:04:37.399 --> 00:04:41.160 recommends approval of this request with the condition that 00:04:41.160 --> 00:04:42.879 the zoning overlay be 00:04:42.879 --> 00:04:45.939 placed on parcels with the following the building height 00:04:45.939 --> 00:04:47.000 shall not exceed two 00:04:47.000 --> 00:04:49.680 stories or 30 feet in height and the uses on the parcels 00:04:49.680 --> 00:04:50.720 shall be restricted 00:04:50.720 --> 00:04:53.779 to office use I do want to note that this will be only on 00:04:53.779 --> 00:04:54.800 the four parcels 00:04:54.800 --> 00:04:58.160 involved in this zoning it won't be on the entire access 00:04:58.160 --> 00:04:59.079 bank site which is 00:04:59.079 --> 00:05:03.319 already developed Commissioner Smith thank you vice chair 00:05:03.319 --> 00:05:05.949 Cindy when it comes to or I guess not really not Cindy 00:05:05.949 --> 00:05:07.120 Jerry when it comes to 00:05:07.120 --> 00:05:12.939 a denial if we if we vote to deny what ends up happening to 00:05:12.939 --> 00:05:14.079 the applicants 00:05:14.079 --> 00:05:16.779 request then there's a we talked about the last time in 00:05:16.779 --> 00:05:17.839 public but I want to be 00:05:17.839 --> 00:05:20.730 able to flush it out and work session just so we know as a 00:05:20.730 --> 00:05:21.920 commission what all 00:05:21.920 --> 00:05:25.670 options are there because if we deny they can't come back 00:05:25.670 --> 00:05:27.399 to this with the 00:05:27.399 --> 00:05:30.680 with a change to this area for a year correct what's the 00:05:30.680 --> 00:05:30.920 what's the I believe 00:05:30.920 --> 00:05:34.649 I believe it's something along those lines but the the the 00:05:34.649 --> 00:05:35.959 clearest issue is 00:05:35.959 --> 00:05:38.829 if it goes forward to City Council it triggers a super 00:05:38.829 --> 00:05:39.759 majority and then if it 00:05:39.759 --> 00:05:44.279 fails there then what happens with the ag right and so but 00:05:44.279 --> 00:05:45.680 you know there is a 00:05:45.680 --> 00:05:52.170 provision in sub chapter 3 where it talks about how long 00:05:52.170 --> 00:05:54.000 the the period is I 00:05:54.000 --> 00:05:57.639 don't know if you know it's one year from the day of denial 00:05:57.639 --> 00:05:59.000 unless they come 00:05:59.000 --> 00:06:01.879 up with this is substantially different request 00:06:01.879 --> 00:06:04.800 substantially different meaning 00:06:04.800 --> 00:06:07.509 if they so I know last time we were here the applicant or 00:06:07.509 --> 00:06:08.759 the representative for 00:06:08.759 --> 00:06:11.860 the applicant had you know brought up the idea that there 00:06:11.860 --> 00:06:12.839 was there's that 00:06:12.839 --> 00:06:15.540 northern parcel that they're wanting to do which is where a 00:06:15.540 --> 00:06:16.519 lot of the hot 00:06:16.519 --> 00:06:19.670 spots are within the Commission and talking about removing 00:06:19.670 --> 00:06:20.759 those it was the 00:06:20.759 --> 00:06:23.600 southeastern part of the southern southern parcel there 00:06:23.600 --> 00:06:25.800 that is a quick 00:06:25.800 --> 00:06:27.670 change they needed to make so they can connect the thing 00:06:27.670 --> 00:06:28.360 for like a drainage 00:06:28.360 --> 00:06:32.089 whatever it was so if we do an overall denial on this on 00:06:32.089 --> 00:06:33.560 this on this and it 00:06:33.560 --> 00:06:36.620 goes to City Council requires a majority and it fails there 00:06:36.620 --> 00:06:38.079 too they can't even 00:06:38.079 --> 00:06:41.139 come back and work on just that one parcel correct well 00:06:41.139 --> 00:06:41.720 that would be a 00:06:41.720 --> 00:06:44.560 substantial it's to me Jerry would have to make the 00:06:44.560 --> 00:06:45.560 determination that would be 00:06:45.560 --> 00:06:49.199 a substantially different request because of the fact it's 00:06:49.199 --> 00:06:50.079 just that one 00:06:50.079 --> 00:06:53.689 parcel on the corner okay okay that's all and I would 00:06:53.689 --> 00:06:54.639 rather not you know give a 00:06:54.639 --> 00:06:57.699 legal opinion on a hypothetical condition you know I'd 00:06:57.699 --> 00:06:58.480 rather reserve 00:06:58.480 --> 00:07:01.540 judgment on it until we see the actual fair but generally 00:07:01.540 --> 00:07:02.240 speaking I think 00:07:02.240 --> 00:07:05.310 ms. Jackson's okay I don't want hypothetical scenarios here 00:07:05.310 --> 00:07:05.920 by just just 00:07:05.920 --> 00:07:08.740 to know that when we make it denial what it actually means 00:07:08.740 --> 00:07:09.639 for the applicant 00:07:09.639 --> 00:07:12.850 whenever we're voting for it and if there is some ways that 00:07:12.850 --> 00:07:13.800 they can adjust 00:07:13.800 --> 00:07:15.819 from there to at least get something done on the property 00:07:15.819 --> 00:07:17.000 is better than sure 00:07:17.000 --> 00:07:19.439 knowing that we're you know shooting their legs off from 00:07:19.439 --> 00:07:20.480 underneath them for 00:07:20.480 --> 00:07:26.170 a year so okay Christian are back thank you vice-chair when 00:07:26.170 --> 00:07:26.879 you say it could go 00:07:26.879 --> 00:07:30.279 forward to the City Council even if it's a 3-3 would it 00:07:30.279 --> 00:07:31.000 still be a super 00:07:31.000 --> 00:07:34.600 majority required it depends on what the motion was that it 00:07:34.600 --> 00:07:36.519 went 3-3 3-3 is a 00:07:36.519 --> 00:07:40.660 failed motion so if the motion is a motion to approve you 00:07:40.660 --> 00:07:41.680 're just preserving 00:07:41.680 --> 00:07:45.339 the status quo if you have a motion to deny it fails on a 3 00:07:45.339 --> 00:07:46.639 -3 that preserves a 00:07:46.639 --> 00:07:51.170 status quo if but if you have a motion to deny that passes 00:07:51.170 --> 00:07:52.120 after an unsuccessful 00:07:52.120 --> 00:07:56.800 motion to approve then then that goes forward creates a 00:07:56.800 --> 00:07:58.519 super majority okay but 00:07:58.519 --> 00:08:03.040 the thing is 3-3 one way it can go to super majority 00:08:03.040 --> 00:08:04.600 another way not 00:08:04.600 --> 00:08:09.500 necessarily not none on 3-3 no 3-3 the the the the 00:08:09.500 --> 00:08:10.839 commission's failure to make 00:08:10.839 --> 00:08:16.860 a recommendation as a body it just keeps things as they are 00:08:16.860 --> 00:08:17.879 won't impact City 00:08:17.879 --> 00:08:22.000 Council's the City Council cannot go forward in lesser 00:08:22.000 --> 00:08:23.800 until they receive a 00:08:23.800 --> 00:08:26.920 recommendation okay one way or the other from this body got 00:08:26.920 --> 00:08:28.279 cha now other question 00:08:28.279 --> 00:08:32.799 for you that one little plot in that southeast corner there 00:08:32.799 --> 00:08:34.559 by itself is that 00:08:34.559 --> 00:08:37.730 something that can be built on or was did we talk about 00:08:37.730 --> 00:08:38.960 that being mainly a 00:08:38.960 --> 00:08:41.830 detention area or something like that right now it is a 00:08:41.830 --> 00:08:43.399 detention area it was 00:08:43.399 --> 00:08:49.720 a detention area based on in pretty completing improvements 00:08:49.720 --> 00:08:50.440 now that the 00:08:50.440 --> 00:08:54.990 improvements have been made they would like to fill in the 00:08:54.990 --> 00:08:55.919 detention pond and 00:08:55.919 --> 00:09:00.679 build on it okay and we could build because that is DCG 00:09:00.679 --> 00:09:01.720 they could build up 00:09:01.720 --> 00:09:05.879 to 100 feet is that more parking which would means they 00:09:05.879 --> 00:09:06.480 would have to come 00:09:06.480 --> 00:09:11.600 before you for an ADP okay okay you don't think they would 00:09:11.600 --> 00:09:12.519 consider putting 00:09:12.519 --> 00:09:16.250 the building or maybe a building with parking underneath 00:09:16.250 --> 00:09:17.559 they actually have a 00:09:17.559 --> 00:09:20.399 real parking situation going on there and they really need 00:09:20.399 --> 00:09:21.039 the new and that's 00:09:21.039 --> 00:09:23.649 what I was thinking if they built like a three-story 00:09:23.649 --> 00:09:25.039 structure the bottom level 00:09:25.039 --> 00:09:29.570 is parking yeah that might accommodate it that's just 00:09:29.570 --> 00:09:31.759 speculative anyway okay thank you 00:09:31.759 --> 00:09:35.840 Mr. Sullivan so back to the question regarding 3-3 ties and 00:09:35.840 --> 00:09:36.600 how that works 00:09:36.600 --> 00:09:41.529 since it was a 3-3 tie with a motion to deny right we're 00:09:41.529 --> 00:09:43.480 never gonna have a you 00:09:43.480 --> 00:09:46.610 know it's always gonna be a 3-3 unless one of the three 00:09:46.610 --> 00:09:47.879 changes the minds one 00:09:47.879 --> 00:09:53.570 right the other so why are we here I mean didn't that 3-3 00:09:53.570 --> 00:09:55.360 deny trigger either 00:09:55.360 --> 00:09:59.899 to go to the City Council for supermajority or have to wait 00:09:59.899 --> 00:10:00.879 a year or 00:10:00.879 --> 00:10:03.659 whatever it's not because somebody was absent it was 00:10:03.659 --> 00:10:04.639 because there was a 00:10:04.639 --> 00:10:09.169 recusal right and so I see that's only gonna change when 00:10:09.169 --> 00:10:10.720 either Commissioner 00:10:10.720 --> 00:10:15.480 Strange or Ellis or myself or or not reappointed or he 00:10:15.480 --> 00:10:16.399 comes off I think he's 00:10:16.399 --> 00:10:21.320 term-limited or something that's still gonna be the make-up 00:10:21.320 --> 00:10:22.960 right I understand 00:10:22.960 --> 00:10:27.519 but it cannot go to City Council unless and until this body 00:10:27.519 --> 00:10:28.159 makes a 00:10:28.159 --> 00:10:30.759 recommendation whether there's a recommendation to approve 00:10:30.759 --> 00:10:31.200 or a 00:10:31.200 --> 00:10:35.830 recommendation to deny one of the two it has to pass and 00:10:35.830 --> 00:10:37.440 then it goes forward to 00:10:37.440 --> 00:10:40.639 City Council and then it's just an issue of whether or not 00:10:40.639 --> 00:10:41.919 a super majority is 00:10:41.919 --> 00:10:45.480 required to overturn the recommendation of the spot so 00:10:45.480 --> 00:10:47.120 given the fact that it's 00:10:47.120 --> 00:10:51.750 a three it's only gonna be six members voting mm-hmm then 00:10:51.750 --> 00:10:52.960 there's always gonna 00:10:52.960 --> 00:10:57.000 be the possibility of time one way or the other correct so 00:10:57.000 --> 00:10:58.639 how is that 00:10:58.639 --> 00:11:03.309 resolved within the make-up because it's again not because 00:11:03.309 --> 00:11:04.600 of absence because of 00:11:04.600 --> 00:11:08.309 recusal I understand and that was a that was a conversation 00:11:08.309 --> 00:11:08.919 that I was having 00:11:08.919 --> 00:11:12.179 with the city attorney by email earlier today and what a 00:11:12.179 --> 00:11:13.399 lot of communities do 00:11:13.399 --> 00:11:21.120 is that they create a special rule for situations like that 00:11:21.120 --> 00:11:22.879 and there may be 00:11:22.879 --> 00:11:28.379 situations where say a Planning and Zoning Commission just 00:11:28.379 --> 00:11:30.600 is is confused or 00:11:30.600 --> 00:11:35.309 cannot you know reach one side or the other and what at 00:11:35.309 --> 00:11:36.840 least one authority 00:11:36.840 --> 00:11:41.549 recommended is to have a rule in place that council could 00:11:41.549 --> 00:11:42.720 establish by 00:11:42.720 --> 00:11:49.100 ordinance to to resolve that that one way of doing it be if 00:11:49.100 --> 00:11:50.600 if P&Z fails to 00:11:50.600 --> 00:11:53.659 bring forward a recommendation one way or the other that it 00:11:53.659 --> 00:11:54.600 's considered to be 00:11:54.600 --> 00:11:58.309 a denial of the case I don't know there are any cases on 00:11:58.309 --> 00:12:00.279 that but that is one 00:12:00.279 --> 00:12:06.470 thing that I've seen yes Scott just to answer the first 00:12:06.470 --> 00:12:07.679 part of your question 00:12:07.679 --> 00:12:10.490 what why did it come back and we it was tabled as a date 00:12:10.490 --> 00:12:11.480 certain so we're 00:12:11.480 --> 00:12:14.950 coming back to to this date the applicant of course was 00:12:14.950 --> 00:12:15.799 asked to do a 00:12:15.799 --> 00:12:20.350 couple of things by the Commission which was that of having 00:12:20.350 --> 00:12:22.519 the the public 00:12:22.519 --> 00:12:27.879 meetings and and to bring back whatever material so then 00:12:27.879 --> 00:12:28.799 the Commission could 00:12:28.799 --> 00:12:31.639 ultimately then consider whether or not they wanted to 00:12:31.639 --> 00:12:33.000 proceed forward and take 00:12:33.000 --> 00:12:38.440 a vote so based on that and to Jerry's point if it is a 3-3 00:12:38.440 --> 00:12:40.320 again it is a no 00:12:40.320 --> 00:12:44.960 action so if it's if it's approved then it'll go forward if 00:12:44.960 --> 00:12:46.720 it's if it's denied 00:12:46.720 --> 00:12:50.950 it will go forward require a super majority and a 3-3 is 00:12:50.950 --> 00:12:52.159 just going to keep 00:12:52.159 --> 00:12:56.039 it in limbo I will say that staff is going to propose 00:12:56.039 --> 00:12:57.200 language in the 00:12:57.200 --> 00:13:00.559 development code that these types of situations won't 00:13:00.559 --> 00:13:02.000 continue to the future 00:13:02.000 --> 00:13:05.190 so if we get into this situation that ultimately I'll go to 00:13:05.190 --> 00:13:06.679 council as a 3-3 00:13:06.679 --> 00:13:09.289 and they'll know what the congestion conditions are and 00:13:09.289 --> 00:13:10.440 council make the the 00:13:10.440 --> 00:13:13.799 ultimate decision on this well couple of points on that if 00:13:13.799 --> 00:13:14.080 I if I could 00:13:14.080 --> 00:13:17.580 interject one is it's not in limbo because the property 00:13:17.580 --> 00:13:18.519 under consideration 00:13:18.519 --> 00:13:23.539 has a zoning classification that exists so it's not in lim 00:13:23.539 --> 00:13:25.240 bo it's what was it 00:13:25.240 --> 00:13:30.799 residential or dr1 is what it is and and so you know the 3- 00:13:30.799 --> 00:13:33.159 3 the you know if 00:13:33.159 --> 00:13:36.889 there's no recommendation for this body it would remain dr1 00:13:36.889 --> 00:13:38.679 it's not really and 00:13:38.679 --> 00:13:44.370 truly a limbo situation but I the way that the zoning 00:13:44.370 --> 00:13:46.200 enabling act is written 00:13:46.200 --> 00:13:49.929 in in chapter 211 of the local government code I I don't 00:13:49.929 --> 00:13:51.240 think that we 00:13:51.240 --> 00:13:55.789 could legally pass anything on to City Council without a 00:13:55.789 --> 00:13:56.840 recommendation of this 00:13:56.840 --> 00:14:02.529 body one way or the other it would the the the proposal for 00:14:02.529 --> 00:14:04.639 a way around that 00:14:04.639 --> 00:14:10.440 would be one in which a 3-3 vote would result in to dial we 00:14:10.440 --> 00:14:11.159 got a lot 00:14:11.159 --> 00:14:14.519 Christmas Sanchez yeah I know Christian Smith and they'll 00:14:14.519 --> 00:14:15.480 get to the sauce 00:14:15.480 --> 00:14:23.559 thank you sure just to thank you for the 3-3 Cindy and I 00:14:23.559 --> 00:14:24.919 guess legal as well we 00:14:24.919 --> 00:14:28.519 were to make a recommend can we as a as a commission make a 00:14:28.519 --> 00:14:29.480 recommendation to 00:14:29.480 --> 00:14:34.210 exclude the consideration for a rezone on the northern 00:14:34.210 --> 00:14:36.000 parcel doesn't matter if 00:14:36.000 --> 00:14:37.909 they bring that they bring the land to us we have to vote 00:14:37.909 --> 00:14:38.559 on the land they 00:14:38.559 --> 00:14:41.200 brought to us we can't come in and say we can't we can't 00:14:41.200 --> 00:14:42.200 say hey we're gonna 00:14:42.200 --> 00:14:45.259 deny the northern part but we're gonna be we will approve a 00:14:45.259 --> 00:14:46.200 recommendation for 00:14:46.200 --> 00:14:49.309 the southern part and then have the recommendations that 00:14:49.309 --> 00:14:50.000 you put on to 00:14:50.000 --> 00:14:52.700 there we can't make that split game I'm not sure I won't 00:14:52.700 --> 00:14:54.279 defer to Jerry on that 00:14:54.279 --> 00:14:58.009 well I'm making a split of zoning classification yeah 00:14:58.009 --> 00:14:58.919 saying hey you're 00:14:58.919 --> 00:15:01.649 that's two separate parcels so I'm look the northern parcel 00:15:01.649 --> 00:15:02.679 we won't approve as 00:15:02.679 --> 00:15:07.350 DCG we will approve the zoning of this of the lower parcel 00:15:07.350 --> 00:15:08.879 of DCG and then 00:15:08.879 --> 00:15:12.610 with stacks that's recommendations for the conditions that 00:15:12.610 --> 00:15:13.440 there to our 00:15:13.440 --> 00:15:15.840 attached you know I think that you could make a 00:15:15.840 --> 00:15:17.559 recommendation there would be 00:15:17.559 --> 00:15:20.830 essentially a partial recommendation in action on the other 00:15:20.830 --> 00:15:21.720 or denial of the 00:15:21.720 --> 00:15:25.179 other and and so I think that you as long as the 00:15:25.179 --> 00:15:26.559 recommendation is more 00:15:26.559 --> 00:15:30.019 restrictive than the proposal that was brought forward in 00:15:30.019 --> 00:15:31.279 your public hearing 00:15:31.279 --> 00:15:34.769 and considered it's your public hearing then it can it 00:15:34.769 --> 00:15:36.759 probably could be done and 00:15:36.759 --> 00:15:40.429 it's not so radically different that it's not even the same 00:15:40.429 --> 00:15:41.080 case I don't want 00:15:41.080 --> 00:15:43.730 to pull that pull that arrow out of the quiver yeah we've 00:15:43.730 --> 00:15:44.559 confirmed that before 00:15:44.559 --> 00:15:50.600 we get the problem here is that you know you can't reopen a 00:15:50.600 --> 00:15:51.480 public hearing as 00:15:51.480 --> 00:15:54.570 this is currently posted the public hearing was closed and 00:15:54.570 --> 00:15:55.399 it's not posted 00:15:55.399 --> 00:15:59.220 for public hearing sure so it cannot be reopened if if 00:15:59.220 --> 00:16:01.399 there were a change to 00:16:01.399 --> 00:16:04.250 this such that a new public hearing would be required if it 00:16:04.250 --> 00:16:04.679 were that 00:16:04.679 --> 00:16:08.629 radical then you'd have to re-notice it and have a new 00:16:08.629 --> 00:16:10.320 hearing okay I don't 00:16:10.320 --> 00:16:12.799 think it's that radical but okay understood thank you 00:16:12.799 --> 00:16:17.460 Chris Ellis thank you thank you vice-chair okay so I'm 00:16:17.460 --> 00:16:18.519 still confused on 00:16:18.519 --> 00:16:21.769 I guess the discussion here no it's okay the issue is we 00:16:21.769 --> 00:16:24.080 had a 3-3 tie last time 00:16:24.080 --> 00:16:28.740 this was proposed both ways it was it because yes yes yes 00:16:28.740 --> 00:16:29.480 yes didn't reflect 00:16:29.480 --> 00:16:33.269 that there was a motion to approve there was not a motion I 00:16:33.269 --> 00:16:33.440 apologize 00:16:33.440 --> 00:16:37.159 motion to table yeah right I believe that's correct okay 00:16:37.159 --> 00:16:38.120 because it seemed 00:16:38.120 --> 00:16:41.679 like the recommendation from legal was to table it because 00:16:41.679 --> 00:16:43.360 it was a 3-3 tie so 00:16:43.360 --> 00:16:49.230 what you're saying now is if if it's a 3-3 denial and never 00:16:49.230 --> 00:16:51.000 is a vote to approve 00:16:51.000 --> 00:16:56.399 it's tabled again it's not table it's just stays in the 00:16:56.399 --> 00:16:57.039 same zoning 00:16:57.039 --> 00:17:01.759 classification oh okay so then it so the legal advice has 00:17:01.759 --> 00:17:02.840 changed that's what I'm 00:17:02.840 --> 00:17:06.440 trying well I'm sorry you're asking about legal advice I 00:17:06.440 --> 00:17:07.680 what is what do you 00:17:07.680 --> 00:17:12.210 ask me for legal advice on okay last meeting we had a 00:17:12.210 --> 00:17:14.319 recess because we 00:17:14.319 --> 00:17:17.690 weren't really quite sure where the item right was at that 00:17:17.690 --> 00:17:18.960 time because it was a 00:17:18.960 --> 00:17:25.970 3-3 tie there was a vote to table that was denied there was 00:17:25.970 --> 00:17:26.880 a vote for denial 00:17:26.880 --> 00:17:33.829 that also did not pass the item got tabled I'm confused 00:17:33.829 --> 00:17:35.559 okay well the the 00:17:35.559 --> 00:17:39.759 legal if I don't want to second-guess the legal advice you 00:17:39.759 --> 00:17:40.759 got before it 00:17:40.759 --> 00:17:45.289 because one of the reasons for that is that it's consistent 00:17:45.289 --> 00:17:46.480 with a rule that 00:17:46.480 --> 00:17:52.519 the council set up that applies in to City Council meetings 00:17:52.519 --> 00:17:54.079 but those same 00:17:54.079 --> 00:18:01.769 rules are also put upon the various boards of Commission by 00:18:01.769 --> 00:18:03.480 by the same 00:18:03.480 --> 00:18:05.880 rules it says the boards of Commission's must follow the 00:18:05.880 --> 00:18:06.839 same rules of the City 00:18:06.839 --> 00:18:10.089 Council the thing is that City Council rule is not a 00:18:10.089 --> 00:18:11.720 particularly good rule in 00:18:11.720 --> 00:18:18.119 this particular case because it says that if you get a 3-3 00:18:18.119 --> 00:18:19.880 or a tie vote of 00:18:19.880 --> 00:18:23.160 one kind or another is automatically put on the next 00:18:23.160 --> 00:18:25.839 available agenda but the 00:18:25.839 --> 00:18:28.940 assumption in that if you read the entirety of the rule the 00:18:28.940 --> 00:18:29.799 assumption is 00:18:29.799 --> 00:18:35.519 that it tied because of an absence and it says that that 00:18:35.519 --> 00:18:37.119 brought back to some 00:18:37.119 --> 00:18:40.240 time when you can have the entire council vote on it it 00:18:40.240 --> 00:18:41.480 doesn't consider 00:18:41.480 --> 00:18:47.329 the case of this the specific case of when a P&Z or some 00:18:47.329 --> 00:18:48.960 other body reaches a 00:18:48.960 --> 00:18:56.140 3-3 tie so you know I think that as written it did apply in 00:18:56.140 --> 00:18:57.519 that situation 00:18:57.519 --> 00:19:02.359 but it was probably not intended to apply in that situation 00:19:02.359 --> 00:19:04.640 if that's I read 00:19:04.640 --> 00:19:07.779 it in its entire multiple times so I understand how I 00:19:07.779 --> 00:19:09.119 understand what its 00:19:09.119 --> 00:19:12.809 intent is and yet the intent was not what we used it for in 00:19:12.809 --> 00:19:14.519 my opinion but 00:19:14.519 --> 00:19:19.049 what I'm trying to understand is where we are at this 00:19:19.049 --> 00:19:20.680 moment so if we were in 00:19:20.680 --> 00:19:27.480 that situation where it's a 3-3 tied to the 9 and it never 00:19:27.480 --> 00:19:28.839 there's never a 00:19:28.839 --> 00:19:35.839 motion to approve where where is the item it does it go 00:19:35.839 --> 00:19:36.880 away forward to City 00:19:36.880 --> 00:19:40.400 Council it cannot go forward to City Council I understand 00:19:40.400 --> 00:19:41.519 that so it does so 00:19:41.519 --> 00:19:44.930 you know the applicant can decide whether to go in a 00:19:44.930 --> 00:19:48.720 different direction or to 00:19:48.720 --> 00:19:53.069 to impose conditions or something of that nature something 00:19:53.069 --> 00:19:53.880 is going may have 00:19:53.880 --> 00:19:58.400 to change in order to break that impasse and that's going 00:19:58.400 --> 00:19:59.920 to be up to there's 00:19:59.920 --> 00:20:02.109 going to be the applicant involved in that there's going to 00:20:02.109 --> 00:20:03.119 be staff involved 00:20:03.119 --> 00:20:05.079 in that there's going to be feedback from the Commission 00:20:05.079 --> 00:20:05.799 that's going to be 00:20:05.799 --> 00:20:08.920 involved in that and between the three of them something's 00:20:08.920 --> 00:20:09.599 got to have to 00:20:09.599 --> 00:20:13.180 change in order to break that impasse or it's just not 00:20:13.180 --> 00:20:14.640 going to go forward the 00:20:14.640 --> 00:20:18.500 property is going to remain zoned as is. If I could 00:20:18.500 --> 00:20:20.640 interject that is exactly 00:20:20.640 --> 00:20:25.519 what happened the staff has a different recommendation now 00:20:25.519 --> 00:20:26.480 the applicant 00:20:26.480 --> 00:20:29.539 followed through on the instructions that the Commission 00:20:29.539 --> 00:20:31.720 gave gave to her 00:20:31.720 --> 00:20:35.710 when it was determined that it was going to be 3-3 no 00:20:35.710 --> 00:20:37.259 matter what we did the 00:20:37.259 --> 00:20:40.779 motion was going to fail and she's come back she's coming 00:20:40.779 --> 00:20:42.039 back tonight and she 00:20:42.039 --> 00:20:46.579 has agreed to the overlay conditions which is what is 00:20:46.579 --> 00:20:48.079 different about this 00:20:48.079 --> 00:20:51.299 request and she has had the neighborhood meetings and she 00:20:51.299 --> 00:20:52.640 is going to talk about 00:20:52.640 --> 00:20:55.039 the result of those neighborhood meetings when she makes 00:20:55.039 --> 00:20:57.480 her presentation. 00:20:57.480 --> 00:21:02.240 Thank you and I understand that and appreciate it and I 00:21:02.240 --> 00:21:03.200 think where I'm just 00:21:03.200 --> 00:21:06.930 confused and is that we were we were able we denied a table 00:21:06.930 --> 00:21:08.160 and we were able 00:21:08.160 --> 00:21:13.089 to table it and and so I hope that do you understand what I 00:21:13.089 --> 00:21:13.519 'm saying? No I 00:21:13.519 --> 00:21:15.980 understand what you're saying. And now what you're saying 00:21:15.980 --> 00:21:16.960 is that that couldn't happen 00:21:16.960 --> 00:21:21.160 today after your discussion. Well I'm not saying it couldn 00:21:21.160 --> 00:21:22.319 't happen today I think 00:21:22.319 --> 00:21:26.920 that the that the advice that you got was competent advice 00:21:26.920 --> 00:21:28.400 that you you could 00:21:28.400 --> 00:21:32.559 have have applied the rule in that fashion and and it 00:21:32.559 --> 00:21:33.759 appeared from my 00:21:33.759 --> 00:21:37.410 readings of the minutes that that there was some sort of 00:21:37.410 --> 00:21:38.880 agreement whether it 00:21:38.880 --> 00:21:43.400 was tacit or what have you to effectively table it till 00:21:43.400 --> 00:21:44.160 tonight if I 00:21:44.160 --> 00:21:48.680 misread the minutes then you know I wasn't there but that 00:21:48.680 --> 00:21:49.799 was at least the 00:21:49.799 --> 00:21:52.930 reaction that I got from it it was that there was some 00:21:52.930 --> 00:21:54.359 consensus to bring it 00:21:54.359 --> 00:21:57.980 back tonight. Okay and so just so I understand it and those 00:21:57.980 --> 00:21:58.640 watching 00:21:58.640 --> 00:22:03.819 understand if we had the same 3-3 tie to deny and we had 00:22:03.819 --> 00:22:06.119 the same 3-3 tie not to 00:22:06.119 --> 00:22:12.700 table where is legal's decision on that? What I'm telling 00:22:12.700 --> 00:22:14.559 you is that it cannot 00:22:14.559 --> 00:22:17.930 go forward to City Council there are a number of things 00:22:17.930 --> 00:22:20.799 that can happen for a 00:22:20.799 --> 00:22:26.500 you know for the staff and the applicant and the Commission 00:22:26.500 --> 00:22:27.119 to get 00:22:27.119 --> 00:22:30.769 together and decide to go after it another way. There is no 00:22:30.769 --> 00:22:31.759 automatic rule 00:22:31.759 --> 00:22:37.279 that is going to apply that rescues that situation. Okay I 00:22:37.279 --> 00:22:38.680 appreciate that. You bet. 00:22:38.680 --> 00:22:42.829 My hope is that this gets talked about further so this 00:22:42.829 --> 00:22:43.680 doesn't happen again 00:22:43.680 --> 00:22:46.740 this confusion does not happen again this is not good for 00:22:46.740 --> 00:22:47.240 anybody. 00:22:47.240 --> 00:22:51.319 Commissioner Smith. Thank you Vice Chair. Scott did you 00:22:51.319 --> 00:22:51.880 have something you need to say? 00:22:51.880 --> 00:22:58.200 If I could I think that what Jerry's trying to say is that 00:22:58.200 --> 00:22:58.640 if it 00:22:58.640 --> 00:23:03.720 goes to a tie-tie nothing happens it stays DR 1 so and 00:23:03.720 --> 00:23:05.039 allows the applicant 00:23:05.039 --> 00:23:08.769 to continue to work on their application making sure that 00:23:08.769 --> 00:23:10.160 it's changed it comes 00:23:10.160 --> 00:23:12.769 work works with city staff to then bring back new 00:23:12.769 --> 00:23:14.039 amendments just like they did 00:23:14.039 --> 00:23:16.829 this last time it wasn't necessarily that there was a tie-t 00:23:16.829 --> 00:23:17.680 ie vote and then 00:23:17.680 --> 00:23:19.990 legal came back and said all right well our motion to the 00:23:19.990 --> 00:23:20.920 table even though it 00:23:20.920 --> 00:23:24.670 failed is now approved because we say so what it was what 00:23:24.670 --> 00:23:26.160 it was was that was 00:23:26.160 --> 00:23:29.519 that because there's a tie-tie no action can be taken 00:23:29.519 --> 00:23:31.039 therefore no action will be 00:23:31.039 --> 00:23:34.259 done and so now the applicant has to come back with a brand 00:23:34.259 --> 00:23:35.000 with brand new 00:23:35.000 --> 00:23:37.670 recommendations for it to be a different that she could not 00:23:37.670 --> 00:23:38.839 come back in today 00:23:38.839 --> 00:23:42.200 with the exact same application she walked in with last 00:23:42.200 --> 00:23:43.359 time if she did it 00:23:43.359 --> 00:23:46.119 would there would be there would have been not non-action 00:23:46.119 --> 00:23:47.039 and so if I'm right 00:23:47.039 --> 00:23:49.650 she came you guys did have something there is a new 00:23:49.650 --> 00:23:50.839 application with staff 00:23:50.839 --> 00:23:53.450 recommendations that weren't here before us last time with 00:23:53.450 --> 00:23:54.359 action that was taken 00:23:54.359 --> 00:23:56.680 by the applicant that wasn't taken last time and then if 00:23:56.680 --> 00:23:57.799 tonight if there's still 00:23:57.799 --> 00:24:00.890 a tie-tie there's gonna have to be more action that's gonna 00:24:00.890 --> 00:24:01.319 be taken by the 00:24:01.319 --> 00:24:03.190 applicant there's got to be more changes that can be made 00:24:03.190 --> 00:24:03.960 to the application 00:24:03.960 --> 00:24:06.119 there's probably be new recommendations from the city staff 00:24:06.119 --> 00:24:08.039 and so a tie-tie vote 00:24:08.039 --> 00:24:12.359 means in action it means no zoning changes nothing happens 00:24:12.359 --> 00:24:13.000 city council 00:24:13.000 --> 00:24:15.839 doesn't see this and the applicant has to keep on trying so 00:24:15.839 --> 00:24:17.160 we as gatekeepers 00:24:17.160 --> 00:24:20.890 to the city as planning his own in Commission get to do our 00:24:20.890 --> 00:24:21.880 job to make 00:24:21.880 --> 00:24:23.759 sure you know what this is a Commission don't feel 00:24:23.759 --> 00:24:24.839 comfortable with this right 00:24:24.839 --> 00:24:29.390 yet right now so a tie-tie means you go and you keep on 00:24:29.390 --> 00:24:30.519 trying and keep on 00:24:30.519 --> 00:24:33.579 bringing us something back and until we as a Commission can 00:24:33.579 --> 00:24:34.200 finally make a 00:24:34.200 --> 00:24:36.140 recommendation to the City Council that we have in a 00:24:36.140 --> 00:24:36.960 majority that we're 00:24:36.960 --> 00:24:41.079 comfortable with then that is the only time we can do that 00:24:41.079 --> 00:24:46.490 Scott just just one point I think of clarity to that that 00:24:46.490 --> 00:24:47.559 and Jerry you can 00:24:47.559 --> 00:24:51.309 correct me if I'm wrong the three three doesn't require 00:24:51.309 --> 00:24:53.839 them to make changes the 00:24:53.839 --> 00:24:57.559 three three you are a hundred percent action in action and 00:24:57.559 --> 00:24:58.720 and then how it's 00:24:58.720 --> 00:25:02.950 written by rule for us here in Denton is that it comes back 00:25:02.950 --> 00:25:04.440 to the next full 00:25:04.440 --> 00:25:08.890 Commission meeting so when I made the statement of in limbo 00:25:08.890 --> 00:25:10.119 it's in limbo for 00:25:10.119 --> 00:25:13.849 any period of time the property remains in its current use 00:25:13.849 --> 00:25:14.880 and fashion the 00:25:14.880 --> 00:25:19.400 application stays in limbo essentially until there is a 00:25:19.400 --> 00:25:20.759 full board to vote on 00:25:20.759 --> 00:25:24.849 it because there wouldn't be a tie so so in essence it is 00:25:24.849 --> 00:25:26.480 that and it's the same 00:25:26.480 --> 00:25:31.119 for and correct me if I'm wrong three up three down it is 00:25:31.119 --> 00:25:33.480 the same it's the same 00:25:33.480 --> 00:25:38.119 in action the applicant can choose to come back with 00:25:38.119 --> 00:25:39.519 something to make it more 00:25:39.519 --> 00:25:43.250 palatable one way or the other and and I just wanted to 00:25:43.250 --> 00:25:44.559 draw that point of 00:25:44.559 --> 00:25:49.470 clarity and if I may that I hate to do this because for the 00:25:49.470 --> 00:25:50.400 most part I agree 00:25:50.400 --> 00:25:53.839 with what you said there's only one little hair that I have 00:25:53.839 --> 00:25:55.039 to split and 00:25:55.039 --> 00:25:57.650 that is when you said that they come back with a new 00:25:57.650 --> 00:25:59.519 application it cannot be 00:25:59.519 --> 00:26:03.390 a new application because the public area was closed to 00:26:03.390 --> 00:26:04.119 their current and if 00:26:04.119 --> 00:26:08.079 it yeah if it were a new application we would have to we'd 00:26:08.079 --> 00:26:09.200 have to re-notice it 00:26:09.200 --> 00:26:12.000 because we would require a new public here semantics I 00:26:12.000 --> 00:26:12.920 apologize that's okay 00:26:12.920 --> 00:26:16.279 that's okay that's what I get paid for so I apologize to 00:26:16.279 --> 00:26:17.839 you sure else thank 00:26:17.839 --> 00:26:21.359 you vice-chair and just for clarity with with something 00:26:21.359 --> 00:26:22.200 Commissioner Smith said 00:26:22.200 --> 00:26:25.089 the applicant is not required to bring something back 00:26:25.089 --> 00:26:26.599 different it was just a 00:26:26.599 --> 00:26:31.529 tabled item could have been the exact same package and as 00:26:31.529 --> 00:26:32.880 it was correct 00:26:32.880 --> 00:26:37.730 here Sullivan my problem with all of this is that we gave 00:26:37.730 --> 00:26:39.519 three suggestions 00:26:39.519 --> 00:26:45.440 one was the meeting which they did four weeks later and 00:26:45.440 --> 00:26:47.920 this week which I don't 00:26:47.920 --> 00:26:51.279 understand what happened to the other the first three or 00:26:51.279 --> 00:26:52.640 four weeks and they 00:26:52.640 --> 00:26:54.990 also had an option of separating it out which is what 00:26:54.990 --> 00:26:56.359 Commissioner Smith has been 00:26:56.359 --> 00:27:01.809 saying so that we just deal with the set the southern part 00:27:01.809 --> 00:27:01.839 they didn't do that 00:27:01.839 --> 00:27:05.470 instead they came back with this overlay idea which we 00:27:05.470 --> 00:27:07.079 spent I don't know maybe 00:27:07.079 --> 00:27:12.339 an hour discussing a few months ago all the trials and trib 00:27:12.339 --> 00:27:13.480 ulations and the bad 00:27:13.480 --> 00:27:19.799 things about overlays going what's the problem here you 00:27:19.799 --> 00:27:21.359 know if it's a 3-3 00:27:21.359 --> 00:27:25.029 denial then come back with something substantially 00:27:25.029 --> 00:27:28.480 different that you know is 00:27:28.480 --> 00:27:31.980 not more of the same and that's that's where I'm frustrated 00:27:31.980 --> 00:27:32.839 on this whole 00:27:32.839 --> 00:27:38.910 process so you know I guess we'll see what happens but I'm 00:27:38.910 --> 00:27:39.960 gonna chime in one 00:27:39.960 --> 00:27:44.589 question just as my brains kind of percolating here what is 00:27:44.589 --> 00:27:46.160 the actual vote 00:27:46.160 --> 00:27:51.009 for supermajority and council only one can oppose so it's a 00:27:51.009 --> 00:27:56.200 6-1 with a full okay 00:27:56.200 --> 00:27:59.259 any other questions on this item we are you know the 00:27:59.259 --> 00:28:00.440 presentation I know we 00:28:00.440 --> 00:28:03.710 jumped in clarification sister six one sorry thank you best 00:28:03.710 --> 00:28:04.680 chair six one if 00:28:04.680 --> 00:28:07.079 there's not a full commission or not not a full council 00:28:07.079 --> 00:28:08.839 they have to wait until 00:28:08.839 --> 00:28:11.599 there is a full council for that be a supermajority or is 00:28:11.599 --> 00:28:12.640 it a one recusal or 00:28:12.640 --> 00:28:16.369 what one one no and it could be a five one or four one I've 00:28:16.369 --> 00:28:17.440 seen it five one 00:28:17.440 --> 00:28:21.400 before I don't know how low it can go here if you want to 00:28:21.400 --> 00:28:22.759 know the way that the 00:28:22.759 --> 00:28:26.400 the statutes written it's a three-quarter vote but it's it 00:28:26.400 --> 00:28:27.000 's based 00:28:27.000 --> 00:28:31.750 upon the number of council members in s which is a Latin 00:28:31.750 --> 00:28:33.000 legal term that 00:28:33.000 --> 00:28:37.529 basically means that unless they are disqualified from 00:28:37.529 --> 00:28:39.200 being from serving as 00:28:39.200 --> 00:28:44.240 city council members in that particular vote so if you had 00:28:44.240 --> 00:28:45.000 a situation like 00:28:45.000 --> 00:28:48.400 Commissioner strange if he were on City Council at the time 00:28:48.400 --> 00:28:49.640 that it would change 00:28:49.640 --> 00:28:52.869 that and then you'd recalculate based upon you know the 00:28:52.869 --> 00:28:54.200 number of people who 00:28:54.200 --> 00:28:57.720 are qualified to vote irrespective of how many are actually 00:28:57.720 --> 00:28:59.200 present and that's 00:28:59.200 --> 00:29:03.039 what would require it would be 00:29:04.920 --> 00:29:11.920 thank you Cindy thank you the next item is for Ron it's 00:29:11.920 --> 00:29:16.720 item 4b it's an ADP 00:29:19.640 --> 00:29:28.180 thank you vice chair members of the Commission this request 00:29:28.180 --> 00:29:29.279 is for a 00:29:29.279 --> 00:29:32.420 property located on Bonnie Bray north Bonnie Bray the 00:29:32.420 --> 00:29:35.079 general location is just 00:29:35.079 --> 00:29:38.640 south of Emory approximately 200 feet properties 00:29:38.640 --> 00:29:40.720 approximately four point sorry 00:29:40.720 --> 00:29:45.880 point four seven one acres zone NRMU 12 the applicant is 00:29:45.880 --> 00:29:47.079 requesting an 00:29:47.079 --> 00:29:51.720 alternative element plan to develop and construct a medical 00:29:51.720 --> 00:29:53.039 office building 00:29:53.039 --> 00:29:57.859 however through their design they are not able to meet all 00:29:57.859 --> 00:29:59.039 of the design 00:29:59.039 --> 00:30:02.730 standards which is located in sub chapter 13 of the 00:30:02.730 --> 00:30:04.000 development code 00:30:04.000 --> 00:30:08.549 they're proposing to deviate from the following four 00:30:08.549 --> 00:30:10.160 sections of the DDC 00:30:10.160 --> 00:30:13.920 regarding buffer requirements parking requirements parking 00:30:13.920 --> 00:30:15.079 lot landscaping and 00:30:15.079 --> 00:30:21.450 screening as well as street tree requirements the first one 00:30:21.450 --> 00:30:22.519 is the buffer 00:30:22.519 --> 00:30:27.039 requirements per the DDC the applicant is required to 00:30:27.039 --> 00:30:28.799 provide a type C buffer 00:30:28.799 --> 00:30:33.799 because the use a medical office is adjacent to residential 00:30:33.799 --> 00:30:34.880 which is to the 00:30:34.880 --> 00:30:42.519 east that requirement is 10 trees with 43 shrubs the the 00:30:42.519 --> 00:30:43.799 reason they are not 00:30:43.799 --> 00:30:48.029 able to put all of the required buffer is because it's an 00:30:48.029 --> 00:30:49.559 easement in the back 00:30:49.559 --> 00:30:55.039 of the property however as part of their proposal they're 00:30:55.039 --> 00:30:57.200 proposing to add three 00:30:57.200 --> 00:31:01.299 I'm sorry five trees into the easement area shown here so 00:31:01.299 --> 00:31:02.440 again they're 00:31:02.440 --> 00:31:06.309 required ten with shrubs they're not able to because of the 00:31:06.309 --> 00:31:07.559 easement they're 00:31:07.559 --> 00:31:13.049 proposing five which these five trees are within the DME's 00:31:13.049 --> 00:31:14.579 acceptable tree 00:31:14.579 --> 00:31:18.609 list so that is what they're proposing and also their their 00:31:18.609 --> 00:31:19.519 comment is also 00:31:19.519 --> 00:31:23.250 that the structure of the building is proposed to be in a 00:31:23.250 --> 00:31:24.880 residential scale I 00:31:24.880 --> 00:31:28.240 believe it's 30 feet tall at its max and and they're 00:31:28.240 --> 00:31:29.680 willing to consent to that 00:31:29.680 --> 00:31:33.980 so there will not be any building greater than that built 00:31:33.980 --> 00:31:34.000 here 00:31:34.000 --> 00:31:37.359 Commissioner Smith Ron is that five trees and the 43 shrubs 00:31:37.359 --> 00:31:39.400 or five five trees and 00:31:39.400 --> 00:31:42.440 that's it my understanding is just the five threes trees 00:31:42.440 --> 00:31:47.200 Commissioner Ellis thank you vice-chair Ron there's a 00:31:47.200 --> 00:31:48.400 couple houses behind there 00:31:48.400 --> 00:31:52.130 mm-hmm so is it just the residential fence and then these 00:31:52.130 --> 00:31:53.440 trees is that the 00:31:53.440 --> 00:31:58.759 only I believe there's a fence in an alley yeah I believe 00:31:58.759 --> 00:31:59.740 so and then the 00:31:59.740 --> 00:32:04.259 house so there's just a little bit more of an area between 00:32:04.259 --> 00:32:05.759 the two uses thanks 00:32:05.759 --> 00:32:08.599 Christian back thank you back sure I went over and looked 00:32:08.599 --> 00:32:09.480 at it it's more like a 00:32:09.480 --> 00:32:14.029 swell okay okay so it's separated and there are privacy 00:32:14.029 --> 00:32:16.519 fences on those houses 00:32:16.519 --> 00:32:20.509 on Stanley I'm just noticing something though that I don't 00:32:20.509 --> 00:32:22.240 know I didn't catch 00:32:22.240 --> 00:32:25.740 while I was looking over there's a house on this tract of 00:32:25.740 --> 00:32:26.880 land correct correct 00:32:26.880 --> 00:32:33.420 her yes yeah it's gonna be removed correct okay and then it 00:32:33.420 --> 00:32:34.920 talks about 00:32:34.920 --> 00:32:38.420 what you want to do the proposed parking situation is you 00:32:38.420 --> 00:32:39.720 will put one row of 00:32:39.720 --> 00:32:44.940 parking in front okay and that'll include the area where 00:32:44.940 --> 00:32:45.920 the house is from 00:32:45.920 --> 00:32:49.920 that from that in from I guess it'd be north to south and 00:32:49.920 --> 00:32:52.079 one row of parking is 00:32:52.079 --> 00:32:55.440 that right yes yes along by brain yes how many parking 00:32:55.440 --> 00:32:56.200 spaces are we talking 00:32:56.200 --> 00:33:01.400 about once he's along the front I think five five or six 00:33:01.400 --> 00:33:02.640 and actually really 00:33:02.640 --> 00:33:08.079 that's all one two three or five and then there's parking 00:33:08.079 --> 00:33:09.519 on the side okay 00:33:09.519 --> 00:33:13.250 that's gonna be added parking as part of this development 00:33:13.250 --> 00:33:15.160 correct with me yes 00:33:15.160 --> 00:33:18.220 and that's gonna butt right up against that parking lot 00:33:18.220 --> 00:33:19.279 next next to it right 00:33:19.279 --> 00:33:23.740 to the south yes yes apologize it's been would it be a 00:33:23.740 --> 00:33:24.960 share yes there's parking 00:33:24.960 --> 00:33:27.740 to decide would it be a shared thing or is there gonna be a 00:33:27.740 --> 00:33:28.440 little curb or 00:33:28.440 --> 00:33:31.329 something separating it too I'm not sure what the design 00:33:31.329 --> 00:33:31.980 will be the 00:33:31.980 --> 00:33:34.589 applicant is here and can answer that question during the 00:33:34.589 --> 00:33:35.440 public okay okay 00:33:35.440 --> 00:33:38.480 during the regular meeting okay very good thank you okay 00:33:38.480 --> 00:33:43.880 Mr. Sullivan I'm curious how far does that easement go 00:33:43.880 --> 00:33:44.960 because I'm looking at 00:33:44.960 --> 00:33:49.480 here on Google Maps I'm seeing all kinds of trees on the 00:33:49.480 --> 00:33:50.640 backside of all of those 00:33:50.640 --> 00:33:55.170 my understanding it's the full length of this what's what's 00:33:55.170 --> 00:33:56.079 preventing them from 00:33:56.079 --> 00:34:02.400 putting more than five trees in that area first I mean they 00:34:02.400 --> 00:34:03.279 put five they can 00:34:03.279 --> 00:34:06.339 put eight that's well that's question you can ask the 00:34:06.339 --> 00:34:06.960 applicant but that's 00:34:06.960 --> 00:34:09.570 what they're proposing there's no there's no restriction 00:34:09.570 --> 00:34:10.320 because it's an 00:34:10.320 --> 00:34:14.250 easement crazy just a restriction that they don't want to 00:34:14.250 --> 00:34:15.440 follow through with 00:34:15.440 --> 00:34:19.590 is that my understanding is that it's an easement and DME 00:34:19.590 --> 00:34:21.280 is accepting certain 00:34:21.280 --> 00:34:25.280 trees they can certainly put ten if that's you know 00:34:25.280 --> 00:34:26.039 something that so they 00:34:26.039 --> 00:34:29.079 could meet the code correct and that's why they're doing 00:34:29.079 --> 00:34:30.400 the ADP and that's 00:34:30.400 --> 00:34:33.039 one of the items I'm just saying so they could it's just 00:34:33.039 --> 00:34:34.280 that they choose not to 00:34:34.280 --> 00:34:37.000 want to do it that way that's a fair assessment yes okay 00:34:37.000 --> 00:34:38.300 that's fine and then 00:34:38.300 --> 00:34:42.030 the parking to the south that's somebody else's property 00:34:42.030 --> 00:34:44.239 correct correct yeah do 00:34:44.239 --> 00:34:47.030 we know if they already have an agreement with those people 00:34:47.030 --> 00:34:47.599 to use that 00:34:47.599 --> 00:34:50.820 parking they have they have stated that they are working 00:34:50.820 --> 00:34:51.719 towards an agreement 00:34:51.719 --> 00:34:54.110 and yes and that's something that when they come for a 00:34:54.110 --> 00:34:55.360 billing permit that's 00:34:55.360 --> 00:34:57.380 something that they would have to provide the city and 00:34:57.380 --> 00:34:58.000 record with the 00:34:58.000 --> 00:35:00.780 county to make sure that that parking is always part of 00:35:00.780 --> 00:35:02.239 this development got you 00:35:02.239 --> 00:35:04.639 thank you 00:35:06.599 --> 00:35:11.800 so the second is parking requirements the code basically 00:35:11.800 --> 00:35:13.320 requires that there 00:35:13.320 --> 00:35:17.840 be no parking in front of the building they are proposing 00:35:17.840 --> 00:35:19.119 one row of parking 00:35:19.119 --> 00:35:24.360 along the front and again I want to say one two three four 00:35:24.360 --> 00:35:26.039 five is proposed and 00:35:26.039 --> 00:35:29.880 then the remaining are on the side as well as with an 00:35:29.880 --> 00:35:31.559 agreement to the south 00:35:31.559 --> 00:35:36.110 of the property to mitigate that deviation they're 00:35:36.110 --> 00:35:37.800 proposing a planting 00:35:37.800 --> 00:35:43.539 of eight trees along the front which you see here three 00:35:43.539 --> 00:35:45.400 within again another 00:35:45.400 --> 00:35:50.389 easement that D me has and three between the property and 00:35:50.389 --> 00:35:52.840 the road which is here 00:35:52.840 --> 00:35:57.639 along Bonnie and Bray they are also proposing tall grasses 00:35:57.639 --> 00:35:58.760 and shrubs shown 00:35:58.760 --> 00:36:01.170 here in the yellow again to help screen some of that 00:36:01.170 --> 00:36:02.519 parking that's going to be 00:36:02.519 --> 00:36:10.519 along Bonnie bright Fisher Sullivan I noticed that the 00:36:10.519 --> 00:36:12.199 property thank you for 00:36:12.199 --> 00:36:17.159 us here the property to the south has parking in the front 00:36:17.159 --> 00:36:18.679 correct and the 00:36:18.679 --> 00:36:23.590 property to the north has parking in the front correct so 00:36:23.590 --> 00:36:25.559 why does this require 00:36:25.559 --> 00:36:30.079 why does this one lot require parking in the back those 00:36:30.079 --> 00:36:31.320 properties were developed 00:36:31.320 --> 00:36:36.389 prior to the development code back in 2002 which requires 00:36:36.389 --> 00:36:37.800 parking to be in the 00:36:37.800 --> 00:36:44.119 rear or side so there is a change in 2002 okay so thank you 00:36:44.119 --> 00:36:45.320 those are good 00:36:45.320 --> 00:36:49.639 questions next 00:36:50.599 --> 00:36:54.690 next is the the screening requirements for where parking in 00:36:54.690 --> 00:36:55.880 front is allowed 00:36:55.880 --> 00:37:01.570 there's a slew of requirements that's required the 15 foot 00:37:01.570 --> 00:37:02.599 separation or 00:37:02.599 --> 00:37:08.630 landscape area a tree within every 40 feet so they're 00:37:08.630 --> 00:37:10.599 proposing to as shown 00:37:10.599 --> 00:37:15.400 again from the prior landscaping with tall trees I'm sorry 00:37:15.400 --> 00:37:16.920 tall grasses trees 00:37:16.920 --> 00:37:21.800 as well as shrubs along the front it does not meet the 00:37:21.800 --> 00:37:23.159 doesn't meet all of 00:37:23.159 --> 00:37:26.619 the requirements but meets some of it and that's why again 00:37:26.619 --> 00:37:28.440 we're here with the 00:37:28.440 --> 00:37:30.610 Plains Zoning Commission to consider this alternate 00:37:30.610 --> 00:37:32.119 alternate development plan 00:37:32.119 --> 00:37:35.480 so mr. Beck thank you by sure also on the front there's a 00:37:35.480 --> 00:37:38.840 burn yes I'm sorry so 00:37:38.840 --> 00:37:43.159 there'll be a berm as well to help raise that landscape 00:37:43.159 --> 00:37:44.159 area no berm on the back 00:37:44.159 --> 00:37:50.280 side no okay thank you the last thing is street 00:37:50.280 --> 00:37:57.079 recall tree requirements they are actually required for and 00:37:57.079 --> 00:37:58.199 the reason why 00:37:58.199 --> 00:38:04.860 they are here today is because of the the location of the 00:38:04.860 --> 00:38:06.360 easement in the 00:38:06.360 --> 00:38:11.519 clearance zone along Bonnie Bray DME would not allow them 00:38:11.519 --> 00:38:12.599 to put that in there 00:38:12.599 --> 00:38:16.329 but they are proposing to do that with the acceptable trees 00:38:16.329 --> 00:38:17.239 that's being 00:38:17.239 --> 00:38:20.670 proposed or that's being accepted by DME so this one's a 00:38:20.670 --> 00:38:23.480 little bit not as hard 00:38:23.480 --> 00:38:26.329 as the other three but again wanted to include it as part 00:38:26.329 --> 00:38:27.280 of the ADP to make 00:38:27.280 --> 00:38:32.309 sure that we got this we got this right with that staff has 00:38:32.309 --> 00:38:33.599 reviewed the 00:38:33.599 --> 00:38:38.880 criteria for approval and is recommending approval of this 00:38:38.880 --> 00:38:39.480 alternate 00:38:39.480 --> 00:38:43.480 development plan as it conforms with those criteria's I'll 00:38:43.480 --> 00:38:44.199 be happy to stand 00:38:44.199 --> 00:38:48.510 for any questions Commissioner Smith thank you chair is 00:38:48.510 --> 00:38:49.480 there anything I know 00:38:49.480 --> 00:38:52.539 that I see this in full in their presentation maybe this 00:38:52.539 --> 00:38:53.400 question won't 00:38:53.400 --> 00:38:57.440 carry any weight but in comparison to the proposed DDC 00:38:57.440 --> 00:38:58.159 update that's gonna be 00:38:58.159 --> 00:39:02.719 coming how do these changes shape up against what would be 00:39:02.719 --> 00:39:03.920 in that new code 00:39:03.920 --> 00:39:07.010 the buffer requirement specifically I can speak a lot more 00:39:07.010 --> 00:39:07.920 of that there will 00:39:07.920 --> 00:39:12.940 be more options for development where they're being a he 00:39:12.940 --> 00:39:13.639 still still may be 00:39:13.639 --> 00:39:17.369 requested if we were a year in the future well there will 00:39:17.369 --> 00:39:19.440 be no ADP's so 00:39:19.440 --> 00:39:23.969 that's that's the proposal slept and drank beer since then 00:39:23.969 --> 00:39:25.119 other than that 00:39:25.119 --> 00:39:28.489 hopefully the new code is a little bit more I was a 00:39:28.489 --> 00:39:30.039 flexible but allows for 00:39:30.039 --> 00:39:33.789 more options so that development can occur in a proper 00:39:33.789 --> 00:39:34.960 manner and I guess 00:39:34.960 --> 00:39:37.849 what I'm trying to say is I don't want to have the same sit 00:39:37.849 --> 00:39:38.760 here and say why 00:39:38.760 --> 00:39:40.860 does that one what is that parking what does that stretch 00:39:40.860 --> 00:39:41.760 have allowed parking 00:39:41.760 --> 00:39:43.489 the front and this was on the side well we had a 00:39:43.489 --> 00:39:45.239 development code change right 00:39:45.239 --> 00:39:47.849 I'd hate to get something in here in the last minute that 00:39:47.849 --> 00:39:48.780 if the development code 00:39:48.780 --> 00:39:51.530 is gonna be different in the future that it's drastically 00:39:51.530 --> 00:39:52.480 different or if it's 00:39:52.480 --> 00:39:54.670 gonna be similar to what's gonna be required a year from 00:39:54.670 --> 00:39:55.599 now then okay yeah 00:39:55.599 --> 00:39:58.309 and again honestly we'll have to see right and of course 00:39:58.309 --> 00:39:59.199 there's there's 00:39:59.199 --> 00:40:02.079 gonna be some projects that may require more work is there 00:40:02.079 --> 00:40:02.960 any way you could 00:40:02.960 --> 00:40:06.019 give us a couple pieces information at public hearing about 00:40:06.019 --> 00:40:06.920 what's currently 00:40:06.920 --> 00:40:10.440 being proposed on the DDC and how this might look yeah 00:40:10.440 --> 00:40:12.039 generally yeah I think 00:40:12.039 --> 00:40:15.300 the buffer is one and as well as some of the parking 00:40:15.300 --> 00:40:17.119 requirements the minor 00:40:17.119 --> 00:40:20.010 modification that's something this would consider this 00:40:20.010 --> 00:40:21.159 minor modification well 00:40:21.159 --> 00:40:23.769 yeah well there there's criteria and we can I can discuss 00:40:23.769 --> 00:40:24.920 that briefly okay that 00:40:24.920 --> 00:40:39.710 would be fun appreciate it. Commissioner Sullivan. Thank 00:40:39.710 --> 00:40:40.570 you. Ron, the applicant's gonna be here? Yes. In the 00:40:40.570 --> 00:40:40.849 beginning I was concerned that they're trying to do too 00:40:40.849 --> 00:40:43.639 much too much change too many changes and maybe this just 00:40:43.639 --> 00:40:47.719 isn't the right lot kind of a situation but really it's 00:40:47.719 --> 00:40:52.639 more of a matter that the zoning changes that have taken 00:40:52.639 --> 00:40:54.900 place since the property to 00:40:54.900 --> 00:40:58.630 the south and the property of the north was built it's kind 00:40:58.630 --> 00:40:59.840 of got these guys 00:40:59.840 --> 00:41:04.920 squeezed a little bit and I'm just wondering if we apply 00:41:04.920 --> 00:41:06.599 the same rules that 00:41:06.599 --> 00:41:12.159 we had back then to this lot you know wouldn't it be easier 00:41:12.159 --> 00:41:14.000 you know to say you 00:41:14.000 --> 00:41:17.150 know what just go ahead and make it like the rest of the 00:41:17.150 --> 00:41:18.920 block where your parking 00:41:18.920 --> 00:41:23.079 is to the front put the trees in the back and look like 00:41:23.079 --> 00:41:24.000 everybody else in 00:41:24.000 --> 00:41:28.559 that area yeah I know I kind of make it easier for 00:41:28.559 --> 00:41:29.760 everybody and I think I think 00:41:29.760 --> 00:41:32.570 too you know actually this is Bonnie Bray it's scheduled to 00:41:32.570 --> 00:41:33.360 be a six lane 00:41:33.360 --> 00:41:37.050 divide roadway so changing use is probably you know from a 00:41:37.050 --> 00:41:38.119 residential to 00:41:38.119 --> 00:41:41.179 something different is probably more likely to happen of 00:41:41.179 --> 00:41:41.800 course we're dealing 00:41:41.800 --> 00:41:45.400 with an existing site you know that has a home it's a 00:41:45.400 --> 00:41:46.960 irregular shaped lot it's 00:41:46.960 --> 00:41:51.480 it's long rectangular versus you know deep so prevents you 00:41:51.480 --> 00:41:52.599 know parking in in 00:41:52.599 --> 00:41:55.329 the rear there's easements so there's a lot of things going 00:41:55.329 --> 00:41:56.519 on along this strip 00:41:56.519 --> 00:42:01.039 of property that that we do you know we do see that this 00:42:01.039 --> 00:42:02.360 would affect if those 00:42:02.360 --> 00:42:07.750 properties did develop we have the same issues any other 00:42:07.750 --> 00:42:11.760 questions for Ron thank 00:42:11.760 --> 00:42:17.639 you very much that brings us to our single public hearing 00:42:17.639 --> 00:42:19.519 item 5a which is 00:42:19.519 --> 00:42:28.159 an HL 1801 Roman can come and present 00:42:31.280 --> 00:42:35.030 thank you chair and can I interrupt right before you begin 00:42:35.030 --> 00:42:37.320 I apologize do we 00:42:37.320 --> 00:42:39.210 know how long is gonna take I want to be cognizant of 00:42:39.210 --> 00:42:41.000 dinner should we break and 00:42:41.000 --> 00:42:45.639 eat while you're pretty entertaining stuff it'd be like 00:42:45.639 --> 00:42:46.440 movie tavern we need 00:42:46.440 --> 00:42:52.739 to sit here and eat and there are 13 slides I can take them 00:42:52.739 --> 00:42:54.199 in very quickly or 00:42:54.199 --> 00:42:57.929 I can I mean I'm really it's enjoyable materials is great 00:42:57.929 --> 00:42:58.559 we're in a landmark 00:42:58.559 --> 00:43:02.030 house it's got to nice it's whatever you guys want to do I 00:43:02.030 --> 00:43:04.199 can do it in ten 00:43:04.199 --> 00:43:09.760 minutes maybe can we're going to take a quick break get 00:43:09.760 --> 00:43:10.480 some food and then come 00:43:10.480 --> 00:43:16.400 right back okay thanks thank you for that short break I'll 00:43:16.400 --> 00:43:17.440 invite Roman back 00:43:17.440 --> 00:43:21.960 up to present on this item thank you chair members of the 00:43:21.960 --> 00:43:23.280 Commission I'm 00:43:23.280 --> 00:43:29.619 excited to present a local landmark designation request the 00:43:29.619 --> 00:43:32.719 request is the 00:43:32.719 --> 00:43:36.079 is made by the homeowner and it's to make a historic 00:43:36.079 --> 00:43:38.039 landmark designation for the 00:43:38.039 --> 00:43:43.550 site of 607 East College Street and this is located between 00:43:43.550 --> 00:43:45.199 Vine and frame street 00:43:45.199 --> 00:43:51.400 just to the east of the Texas woman's University campus on 00:43:51.400 --> 00:43:53.079 your right is the 00:43:53.079 --> 00:43:56.809 house as you would see it today and again this is an owner 00:43:56.809 --> 00:43:57.960 is initiated 00:43:57.960 --> 00:44:01.019 requests on a property that they have rehabilitated 00:44:01.019 --> 00:44:02.280 themselves its owner 00:44:02.280 --> 00:44:06.860 occupied and it meets quite a few of the criteria for 00:44:06.860 --> 00:44:09.000 designation on your left 00:44:09.000 --> 00:44:12.719 here is the is an image of how it looked when they acquired 00:44:12.719 --> 00:44:14.199 it which in your notes 00:44:14.199 --> 00:44:18.719 it would talk about the cast the cast iron very decorative 00:44:18.719 --> 00:44:19.679 floral pattern 00:44:19.679 --> 00:44:23.619 columns that were put on but if we went back in time the 00:44:23.619 --> 00:44:25.760 there were there were 00:44:25.760 --> 00:44:28.469 wooden columns there now this is just going to be the 00:44:28.469 --> 00:44:29.559 pictures speak for 00:44:29.559 --> 00:44:33.469 themselves here the work that was done on this property now 00:44:33.469 --> 00:44:34.960 here's the 1940 tax 00:44:34.960 --> 00:44:40.119 image on it what's changed about the front is in the 50s we 00:44:40.119 --> 00:44:41.079 believe on the 00:44:41.079 --> 00:44:44.800 right-hand side that porch was extended all the way over 00:44:44.800 --> 00:44:46.679 but it was built 00:44:46.679 --> 00:44:51.599 sometime before 1926 and the deed records are in your 00:44:51.599 --> 00:44:53.960 packet it's very 00:44:53.960 --> 00:44:58.960 interesting history was either built by jh and Mary Pearl 00:44:58.960 --> 00:45:00.480 Boyd or the previous 00:45:00.480 --> 00:45:05.769 owner who was a Henry Stevens and the there's not a 00:45:05.769 --> 00:45:07.159 mechanics lien on the 00:45:07.159 --> 00:45:09.550 property but we can tell that there was a request that 00:45:09.550 --> 00:45:10.760 insurance be maintained 00:45:10.760 --> 00:45:15.219 on it when the boys took over a loan that was taken out so 00:45:15.219 --> 00:45:16.079 we know alone was 00:45:16.079 --> 00:45:21.110 taken out it involved being recorded against this site and 00:45:21.110 --> 00:45:23.239 in that way we we 00:45:23.239 --> 00:45:26.889 know that I just had to guess it was before 26 because of 00:45:26.889 --> 00:45:27.880 other records we've 00:45:27.880 --> 00:45:30.940 seen but we couldn't pinpoint it it was owned by the Boyd 00:45:30.940 --> 00:45:32.960 family from 1921 to 00:45:32.960 --> 00:45:37.969 1995 and this family was very involved in the community 00:45:37.969 --> 00:45:39.480 here in Denton here's 00:45:39.480 --> 00:45:43.699 a again the house today the west side of it there you can 00:45:43.699 --> 00:45:44.840 see they've retained 00:45:44.840 --> 00:45:49.460 the original siding and the original windows they did make 00:45:49.460 --> 00:45:50.400 a change to the 00:45:50.400 --> 00:45:53.050 lower portion that brick that you see there there was 00:45:53.050 --> 00:45:54.159 really originally a 00:45:54.159 --> 00:45:59.489 flared shake siding that went out on the sides on that and 00:45:59.489 --> 00:46:00.840 let property but it 00:46:00.840 --> 00:46:05.489 did still have the original knots either cedar posts or 00:46:05.489 --> 00:46:07.239 whatever that I've came 00:46:07.239 --> 00:46:10.090 from the other wood that we use here locally for the for 00:46:10.090 --> 00:46:11.559 the floor post we 00:46:11.559 --> 00:46:13.969 use Cyprus and there's another one that would come to me in 00:46:13.969 --> 00:46:15.119 just a minute then 00:46:15.119 --> 00:46:18.199 this is the front as they acquired it so you can see now 00:46:18.199 --> 00:46:19.599 the house really adds a 00:46:19.599 --> 00:46:22.659 lot more to that streetscape than it was when they acquired 00:46:22.659 --> 00:46:23.519 it this shows the 00:46:23.519 --> 00:46:27.340 level of effort and work they went into restoring the 00:46:27.340 --> 00:46:29.039 property here this is the 00:46:29.039 --> 00:46:33.500 east side there's an image of that front elevation there on 00:46:33.500 --> 00:46:34.320 your right you can see 00:46:34.320 --> 00:46:39.900 how the the flared siding it's shape cedar shake siding 00:46:39.900 --> 00:46:41.719 there on it is the 00:46:41.719 --> 00:46:45.469 rear elevation and again the level of the work that went 00:46:45.469 --> 00:46:47.159 into that the work 00:46:47.159 --> 00:46:50.679 didn't stop with the exterior the interior was fully redone 00:46:50.679 --> 00:46:52.280 and this house 00:46:52.280 --> 00:46:57.559 was really updated with thoroughly with insulation and 00:46:57.559 --> 00:46:58.400 really all the modern 00:46:58.400 --> 00:47:04.199 amenities this is just a note this is good that we're 00:47:04.199 --> 00:47:05.679 landmarking a property 00:47:05.679 --> 00:47:08.800 in here because this in our historic resource survey of 00:47:08.800 --> 00:47:10.039 1996 it was 00:47:10.039 --> 00:47:13.730 recommended that we maybe put even a historic district on 00:47:13.730 --> 00:47:14.880 this area in this 00:47:14.880 --> 00:47:21.679 area of town though there were some voids in there the 00:47:21.679 --> 00:47:22.920 there at the bottom 00:47:22.920 --> 00:47:25.599 here I'm just mentioning the significance of the we did a 00:47:25.599 --> 00:47:26.039 little 00:47:26.039 --> 00:47:30.559 research on the family and miss a lot of interesting things 00:47:30.559 --> 00:47:32.119 mr. void there was a 00:47:32.119 --> 00:47:35.849 home we landmarked on North Bell 2100 block up there right 00:47:35.849 --> 00:47:36.960 where Sherman is 00:47:36.960 --> 00:47:41.940 and that's a boy judge Boyd and the owners of this house 00:47:41.940 --> 00:47:43.480 today and other 00:47:43.480 --> 00:47:47.380 people thought that judge Boyd built this home for his two 00:47:47.380 --> 00:47:48.599 daughters while 00:47:48.599 --> 00:47:52.269 they attended college but it turned out there's no relation 00:47:52.269 --> 00:47:52.960 between the two 00:47:52.960 --> 00:47:57.480 boys mr. boy lived here jh and Mary Pearl lived there 00:47:57.480 --> 00:47:59.079 themselves he declared 00:47:59.079 --> 00:48:02.809 bankruptcy in 1930 there after the Great Depression struck 00:48:02.809 --> 00:48:04.000 we know that and just 00:48:04.000 --> 00:48:07.469 quickly through some stories mrs. Jane Boyd who was 00:48:07.469 --> 00:48:09.559 teaching in Dallas and her 00:48:09.559 --> 00:48:13.510 sister were visiting the house and so there are all these 00:48:13.510 --> 00:48:14.719 mentions in our in 00:48:14.719 --> 00:48:20.760 our newspaper about the family including this one where the 00:48:20.760 --> 00:48:22.400 daughter Jane Boyd was 00:48:22.400 --> 00:48:27.880 living at 5004 Worth Street in Dallas and it and as a 00:48:27.880 --> 00:48:28.679 school teacher must been 00:48:28.679 --> 00:48:31.289 pretty well this is the home that they she lived in this is 00:48:31.289 --> 00:48:32.079 a Google Street 00:48:32.079 --> 00:48:35.139 view of that home today which I think that's a an apartment 00:48:35.139 --> 00:48:35.920 building by the 00:48:35.920 --> 00:48:40.239 buildings in the back again many mentions of mr. Boyd on 00:48:40.239 --> 00:48:41.599 the left here 00:48:41.599 --> 00:48:47.010 with these different fraternal organizations on the on the 00:48:47.010 --> 00:48:47.840 lower left 00:48:47.840 --> 00:48:52.590 here and then there's just quite a lot of mentions what's 00:48:52.590 --> 00:48:53.719 interesting is one of 00:48:53.719 --> 00:48:57.320 the daughters began was a teacher at George Washington 00:48:57.320 --> 00:48:58.159 University upper 00:48:58.159 --> 00:49:02.710 right-hand side Eleanor Boyd and then later she was also 00:49:02.710 --> 00:49:05.000 the Dean of women's 00:49:05.000 --> 00:49:11.199 of women at Texas at West Texas State College in Canyon 00:49:11.199 --> 00:49:14.119 before his passing it 00:49:14.119 --> 00:49:16.460 was interesting the family would go up to New York and 00:49:16.460 --> 00:49:17.719 visit the Reverend Frank 00:49:17.719 --> 00:49:23.070 Boyd who's the brother of jh and Harry Boyd who was also in 00:49:23.070 --> 00:49:25.119 New York taken all 00:49:25.119 --> 00:49:28.480 together we have a house that's could meet any number of 00:49:28.480 --> 00:49:30.000 criteria criteria in 00:49:30.000 --> 00:49:35.130 this case I've offered up three the character of the this 00:49:35.130 --> 00:49:36.599 area of the city 00:49:36.599 --> 00:49:40.519 is retained in this embodied in this house and then the 00:49:40.519 --> 00:49:41.719 location again 00:49:41.719 --> 00:49:45.440 related to the neighborhood and that this particular area 00:49:45.440 --> 00:49:46.840 doesn't there aren't 00:49:46.840 --> 00:49:52.159 a significant number of original homes there as a result of 00:49:52.159 --> 00:49:54.920 this listing there's 00:49:54.920 --> 00:49:57.980 a neighbor actually immediately next door that has inquired 00:49:57.980 --> 00:49:58.280 about 00:49:58.280 --> 00:50:00.889 landmarking her house so this is really good that we're 00:50:00.889 --> 00:50:01.599 picking up a few of 00:50:01.599 --> 00:50:05.349 these resources and as a aspect of community pride there 00:50:05.349 --> 00:50:06.920 were notices sent 00:50:06.920 --> 00:50:10.989 out the only one I received back is this email which I've 00:50:10.989 --> 00:50:11.920 blanked out the 00:50:11.920 --> 00:50:15.159 responses but this is the person asking to landmark their 00:50:15.159 --> 00:50:16.440 their house next door 00:50:16.440 --> 00:50:20.960 so I think it's a good thing when there was not any 00:50:20.960 --> 00:50:22.480 opposition and this is a 00:50:22.480 --> 00:50:25.869 really nice and this will allow you know people do this for 00:50:25.869 --> 00:50:27.039 pride of place and 00:50:27.039 --> 00:50:31.630 then we do have a tax credit that this person can take 00:50:31.630 --> 00:50:33.559 advantage of on their 00:50:33.559 --> 00:50:36.320 property when you landmark a property you can go back to 00:50:36.320 --> 00:50:37.000 the Landmark 00:50:37.000 --> 00:50:39.599 Commission and if you spent more than ten thousand dollars 00:50:39.599 --> 00:50:40.800 on it you can ask 00:50:40.800 --> 00:50:45.320 for 50% off of your city of Denton property taxes for ten 00:50:45.320 --> 00:50:46.199 years and so 00:50:46.199 --> 00:50:49.039 that's that's something you don't see at the PNZ meeting 00:50:49.039 --> 00:50:50.019 but that's one of the 00:50:50.019 --> 00:50:53.599 reasons people pursue and also just to to protect the area 00:50:53.599 --> 00:50:54.760 and protect their 00:50:54.760 --> 00:51:01.760 home I take any questions you Commissioner Beck thank you 00:51:01.760 --> 00:51:07.920 aren't there a couple of houses over in that that area 00:51:07.920 --> 00:51:09.840 right there that are 00:51:09.840 --> 00:51:13.530 already historically designated landmarks at least two 00:51:13.530 --> 00:51:14.840 houses are there 00:51:14.840 --> 00:51:17.719 you know I don't have the map but don't memorized yet there 00:51:17.719 --> 00:51:18.519 aren't too many 00:51:18.519 --> 00:51:22.239 things like I saw one when I was doing census or something 00:51:22.239 --> 00:51:22.880 I forget what it was 00:51:22.880 --> 00:51:26.360 but I remember it was you know they had the deal anchored 00:51:26.360 --> 00:51:27.480 in front of their house 00:51:27.480 --> 00:51:31.050 that's your so this wouldn't be the first house is what I'm 00:51:31.050 --> 00:51:31.840 not the first 00:51:31.840 --> 00:51:35.090 over there was one and I was surprised when I was started 00:51:35.090 --> 00:51:36.480 to work here and I 00:51:36.480 --> 00:51:39.099 haven't gone back to look at it that was in that area that 00:51:39.099 --> 00:51:41.119 's gone TW you must 00:51:41.119 --> 00:51:45.639 have acquired and and the building is the house is actually 00:51:45.639 --> 00:51:46.179 missing and it was 00:51:46.179 --> 00:51:50.360 designated in the 80s and it was in that area too okay the 00:51:50.360 --> 00:51:51.199 only thing I want to 00:51:51.199 --> 00:51:53.809 comment on so it's probably not true that the house was 00:51:53.809 --> 00:51:54.440 built for two 00:51:54.440 --> 00:51:58.190 daughters that actually lived there no they don't that's 00:51:58.190 --> 00:51:59.239 right until they died 00:51:59.239 --> 00:52:02.530 in the 80s well actually in the end it was left to a 00:52:02.530 --> 00:52:03.440 daughter who did live 00:52:03.440 --> 00:52:07.519 there until it went from that daughter to the current 00:52:07.519 --> 00:52:10.519 family thank you any 00:52:10.519 --> 00:52:16.550 other questions for Roman thank you very much with that 00:52:16.550 --> 00:52:17.760 that concludes our work 00:52:17.760 --> 00:52:23.789 session we'll close it at 630 and be in council chambers at 00:52:23.789 --> 00:52:32.239 640 good evening and 00:52:32.239 --> 00:52:35.969 welcome to the planet zone commission meeting for June 13th 00:52:35.969 --> 00:52:38.440 is hot our first 00:52:38.440 --> 00:52:41.599 order of business will be to stand and give a pledge of 00:52:41.599 --> 00:52:42.400 allegiance 00:52:47.760 --> 00:52:54.800 United States of America and to the Republic for which it 00:52:54.800 --> 00:53:01.900 stands one nation under God indivisible with liberty and 00:53:01.900 --> 00:53:08.710 justice for all. I now pledge allegiance to the Texas one 00:53:08.710 --> 00:53:15.119 state under God one indivisible. next we'll have 00:53:15.119 --> 00:53:16.800 consideration for our planet 00:53:16.800 --> 00:53:20.619 zoning minutes because of an absence we'll take these 00:53:20.619 --> 00:53:23.340 separately so chair will 00:53:23.340 --> 00:53:27.639 entertain a motion for the May 9th minutes 00:53:29.840 --> 00:53:37.719 Commissioner Sanchez I make a motion to approve May 9th. 00:53:37.719 --> 00:53:39.000 Commissioner Beck second 00:53:39.000 --> 00:53:44.150 we have a first and a second any discussions seeing none we 00:53:44.150 --> 00:53:46.920 'll call for a vote on the board 00:53:54.519 --> 00:53:59.559 passes 6-0 chair will entertain a motion for the May 23rd 00:53:59.559 --> 00:54:01.719 minutes 00:54:01.719 --> 00:54:07.260 Commissioner Beck I move to approve minutes on May 22nd. 00:54:07.260 --> 00:54:10.780 Commissioner Smith I second that motion. We have first and 00:54:10.780 --> 00:54:14.360 second any discussion? Seeing none I'll call for a vote on 00:54:14.360 --> 00:54:16.559 the board 00:54:31.719 --> 00:54:36.619 motion carries 5-0 with one abstention next will be our 00:54:36.619 --> 00:54:40.280 consent agenda chair will 00:54:40.280 --> 00:54:45.039 entertain a motion. Commissioner Smith I motion to approve 00:54:45.039 --> 00:54:49.840 consent agenda. Commissioner Ellis second we have a first 00:54:49.840 --> 00:54:53.849 and second is there any discussion on the consent agenda? 00:54:53.849 --> 00:54:58.480 Seeing nine I will vote call for vote on the board 00:55:01.719 --> 00:55:09.480 motion carries 6-0 next we'll have item four which is our 00:55:09.480 --> 00:55:12.880 individual items for individual consideration the first is 00:55:12.880 --> 00:55:15.920 4A Z18004B 00:55:15.920 --> 00:55:20.519 I'll call Cindy Jackson to present 00:55:24.519 --> 00:55:31.119 thank you vice chair commissioners go ahead and pull this 00:55:31.119 --> 00:55:31.440 up 00:55:38.639 --> 00:55:46.599 Z18-0004 was before you on the during the May 9th meeting I 00:55:46.599 --> 00:55:47.400 'm going to go ahead 00:55:47.400 --> 00:55:50.099 and go over a few pertinent facts of the case just to 00:55:50.099 --> 00:55:52.440 refresh your memory this is 00:55:52.440 --> 00:55:57.139 a request for to rezone four parcels from the DR1 district 00:55:57.139 --> 00:55:58.039 to the DCDG 00:55:58.039 --> 00:56:02.719 district the four parcels comprise approximately 1.057 00:56:02.719 --> 00:56:05.519 acres and you can 00:56:05.519 --> 00:56:08.989 see their location here at the corner of Maple and Pacific 00:56:08.989 --> 00:56:11.079 along Pacific on the 00:56:11.079 --> 00:56:16.769 east excuse me west side of Myrtle and at the corner of Myr 00:56:16.769 --> 00:56:18.800 tle and Eagle Street 00:56:18.800 --> 00:56:23.760 current zoning as you can see is DR1 and the proposed 00:56:23.760 --> 00:56:27.440 zoning is DCG when this came 00:56:27.440 --> 00:56:32.900 to the PNC on May 9th there were several concerns that were 00:56:32.900 --> 00:56:33.800 expressed by the 00:56:33.800 --> 00:56:36.409 Commission at that time which included the loss of 00:56:36.409 --> 00:56:37.880 affordable housing should 00:56:37.880 --> 00:56:41.610 this be permitted the proposed exit onto Maple Street the 00:56:41.610 --> 00:56:43.000 maximum 100 foot 00:56:43.000 --> 00:56:47.170 building height permitted by the in the requested DCG 00:56:47.170 --> 00:56:48.719 district they used as 00:56:48.719 --> 00:56:51.440 permitted within the DCG district and the lack of a 00:56:51.440 --> 00:56:53.039 neighborhood meeting with 00:56:53.039 --> 00:56:58.420 the surrounding property owners well the applicant has 00:56:58.420 --> 00:57:02.039 moved forward with a she's 00:57:02.039 --> 00:57:09.360 held two separate neighborhood meetings one was on Monday 00:57:09.360 --> 00:57:12.519 June 11th in the 00:57:12.519 --> 00:57:16.719 evening and one was on Tuesday June 12 during the noon hour 00:57:16.719 --> 00:57:18.239 the Commission also 00:57:18.239 --> 00:57:20.869 suggested that staff investigate a possible overlay 00:57:20.869 --> 00:57:21.880 district which would 00:57:21.880 --> 00:57:25.460 restrict buildings on the site office buildings and with a 00:57:25.460 --> 00:57:26.639 maximum height of 00:57:26.639 --> 00:57:31.360 one story the applicant staff discusses with the applicant 00:57:31.360 --> 00:57:32.199 and the applicant has 00:57:32.199 --> 00:57:37.280 agreed to the conditions of the proposed overlay district 00:57:37.280 --> 00:57:41.719 the at the time when 00:57:41.719 --> 00:57:46.239 this came forward on May 9th the the Commission could not 00:57:46.239 --> 00:57:46.920 come to a majority 00:57:46.920 --> 00:57:50.900 vote on an motion to deny and the Commission could not come 00:57:50.900 --> 00:57:51.960 forward with a 00:57:51.960 --> 00:57:57.099 majority vote for a motion to table therefore the applicant 00:57:57.099 --> 00:57:59.960 came back and 00:57:59.960 --> 00:58:04.519 made some did what the Commission requested had the 00:58:04.519 --> 00:58:05.599 neighborhood meetings 00:58:05.599 --> 00:58:09.110 to which there was a low turnout but I think it was a 00:58:09.110 --> 00:58:11.039 productive meeting and the 00:58:11.039 --> 00:58:16.150 applicant will address that further and the staff came back 00:58:16.150 --> 00:58:17.320 with the requested 00:58:17.320 --> 00:58:20.380 overlay district so staff recommends approval of this 00:58:20.380 --> 00:58:21.239 request with the 00:58:21.239 --> 00:58:24.969 condition that a zoning overlay be placed on the parcels 00:58:24.969 --> 00:58:26.199 with the following 00:58:26.199 --> 00:58:29.440 conditions the building height shall not exceed two stories 00:58:29.440 --> 00:58:30.480 or 30 feet in height 00:58:30.480 --> 00:58:34.519 and uses on the parcels these four parcels are limited to 00:58:34.519 --> 00:58:35.599 office use only 00:58:35.599 --> 00:58:40.369 that concludes my presentation and I'll answer any 00:58:40.369 --> 00:58:43.639 questions you may have any 00:58:43.639 --> 00:58:51.760 questions for Cindy there are no questions this item was a 00:58:51.760 --> 00:58:52.440 public hearing 00:58:52.440 --> 00:58:54.880 at last meeting tonight it's an individual consideration 00:58:54.880 --> 00:58:56.079 item that being 00:58:56.079 --> 00:58:59.440 said we will so go forward and hear public comments so 00:58:59.440 --> 00:59:00.719 tonight the applicant 00:59:00.719 --> 00:59:04.590 can speak for ten minutes there's two wishing to speak each 00:59:04.590 --> 00:59:05.840 would have ten 00:59:05.840 --> 00:59:08.079 minutes and then anyone else who would like to speak will 00:59:08.079 --> 00:59:08.920 be right at the four 00:59:08.920 --> 00:59:11.260 minutes that you would have had in a public hearing tonight 00:59:11.260 --> 00:59:12.159 as well so I have 00:59:12.159 --> 00:59:15.230 three cards there if you do want to speak please fill out a 00:59:15.230 --> 00:59:15.960 card and submit 00:59:15.960 --> 00:59:20.480 that so with that I will call up the applicant Amy Bissett 00:59:20.480 --> 00:59:21.639 and if you could 00:59:21.639 --> 00:59:24.880 state your name and address for the record and you'll have 00:59:24.880 --> 00:59:26.639 ten minutes my 00:59:26.639 --> 00:59:30.130 name is Amy Bissett the address is my address is 212 South 00:59:30.130 --> 00:59:31.199 Elm Denton Texas 00:59:31.199 --> 00:59:36.150 76201 I appreciate the opportunity to be back in front of 00:59:36.150 --> 00:59:37.159 you this evening if 00:59:37.159 --> 00:59:39.769 you'll give me just a moment I will pull up my presentation 00:59:39.769 --> 00:59:43.920 and we can begin I'd 00:59:43.920 --> 00:59:47.079 like to start I did step in at the end of the work session 00:59:47.079 --> 00:59:48.440 and hear some of the 00:59:48.440 --> 00:59:51.940 concerns that were voiced by and several commissioners and 00:59:51.940 --> 00:59:52.960 so I'd like to start 00:59:52.960 --> 00:59:56.059 by addressing a couple of those upfront and specifically 00:59:56.059 --> 00:59:57.239 there was concern about 00:59:57.239 --> 01:00:00.429 the timing of the neighborhood meetings and that they 01:00:00.429 --> 01:00:02.000 occurred just in the last 01:00:02.000 --> 01:00:05.639 two days actually and we had two reasons that that happened 01:00:05.639 --> 01:00:07.079 the first one is that 01:00:07.079 --> 01:00:10.679 we wanted to give as much invitation notice as possible so 01:00:10.679 --> 01:00:11.559 we mailed the 01:00:11.559 --> 01:00:14.920 invitations out 12 days prior to the first public to the 01:00:14.920 --> 01:00:15.719 first neighborhood 01:00:15.719 --> 01:00:19.449 meeting and secondly there was some discussion back and 01:00:19.449 --> 01:00:20.519 forth with city 01:00:20.519 --> 01:00:25.360 staff after the last meeting about how we proceed whether 01:00:25.360 --> 01:00:28.000 or not a 3-3 vote 01:00:28.000 --> 01:00:31.980 would allow us to go directly to council and so it took us 01:00:31.980 --> 01:00:33.519 some time probably ten 01:00:33.519 --> 01:00:36.130 days to two weeks to kind of determine whether or not we 01:00:36.130 --> 01:00:36.760 were going to be 01:00:36.760 --> 01:00:39.369 coming back tonight or how we were going to proceed and 01:00:39.369 --> 01:00:40.880 then of course internally 01:00:40.880 --> 01:00:43.719 and I had to confer with the property owners and the 01:00:43.719 --> 01:00:45.199 developer to determine 01:00:45.199 --> 01:00:48.769 and how we would conduct the neighborhood meetings where 01:00:48.769 --> 01:00:49.559 what format 01:00:49.559 --> 01:00:52.289 and that sort of thing so it just it and we felt that it 01:00:52.289 --> 01:00:53.519 was more important to 01:00:53.519 --> 01:00:57.550 give enough lead time to on the invitations than it was to 01:00:57.550 --> 01:00:58.400 have them a 01:00:58.400 --> 01:01:01.230 week or two prior to this meeting and secondly there was 01:01:01.230 --> 01:01:02.280 some concern about 01:01:02.280 --> 01:01:05.480 whether we've made any substantial changes to our original 01:01:05.480 --> 01:01:06.920 request and I 01:01:06.920 --> 01:01:10.000 think you'll see through my presentation that we have but 01:01:10.000 --> 01:01:11.119 specifically there was 01:01:11.119 --> 01:01:13.730 a question posed why haven't we not withdrawn the 01:01:13.730 --> 01:01:14.639 application for the 01:01:14.639 --> 01:01:17.449 northern three properties like there was some discussion of 01:01:17.449 --> 01:01:18.559 last month and when 01:01:18.559 --> 01:01:21.769 we had that discussion last month and it was to eliminate 01:01:21.769 --> 01:01:22.960 the concerns about 01:01:22.960 --> 01:01:27.610 affordable housing and I actually proposed that option that 01:01:27.610 --> 01:01:28.960 we might need 01:01:28.960 --> 01:01:32.690 time to consider that option and if this zoning case wasn't 01:01:32.690 --> 01:01:34.039 going to be supported 01:01:34.039 --> 01:01:36.860 as it was but when we went back and actually looked at it 01:01:36.860 --> 01:01:37.719 because we have an 01:01:37.719 --> 01:01:40.780 alternative development plan on the site the constraints of 01:01:40.780 --> 01:01:41.519 that alternative 01:01:41.519 --> 01:01:44.159 development plan put us in a position that we can't do 01:01:44.159 --> 01:01:45.079 anything with the 01:01:45.079 --> 01:01:48.199 South tract unless we also are doing something with the 01:01:48.199 --> 01:01:49.679 northern tracts and so 01:01:49.679 --> 01:01:54.199 and there was no point in us splitting them up because it 01:01:54.199 --> 01:01:55.480 caused complete 01:01:55.480 --> 01:01:58.980 inability to get anything done on our part and so just 01:01:58.980 --> 01:02:00.519 wanted to address those 01:02:00.519 --> 01:02:04.820 two things real quickly I want to tell you what I'm going 01:02:04.820 --> 01:02:05.599 to go through tonight 01:02:05.599 --> 01:02:09.300 and we're just going to give you a few visual pictures that 01:02:09.300 --> 01:02:10.599 will provide some 01:02:10.599 --> 01:02:13.289 context and scale for the discussion and based on the 01:02:13.289 --> 01:02:14.719 conversation that was had 01:02:14.719 --> 01:02:18.260 last month I want to specifically discuss the concerns that 01:02:18.260 --> 01:02:19.760 were raised at the 01:02:19.760 --> 01:02:22.820 public hearing on May 9th and review the discussion 01:02:22.820 --> 01:02:24.079 outcomes of the neighborhood 01:02:24.079 --> 01:02:29.039 meeting access bank is no stranger to anybody in this room 01:02:29.039 --> 01:02:29.920 it's a predominant 01:02:29.920 --> 01:02:33.650 building that sits in a main gateway entry into Denton and 01:02:33.650 --> 01:02:35.320 it was developed 01:02:35.320 --> 01:02:38.679 roughly ten years ago under an alternative development plan 01:02:38.679 --> 01:02:39.480 you can see 01:02:39.480 --> 01:02:44.000 in the picture above and on your screen that it the 01:02:44.000 --> 01:02:45.159 alternative development 01:02:45.159 --> 01:02:48.889 plan facilitated some nice entryway features into the heart 01:02:48.889 --> 01:02:49.679 of Denton 01:02:49.679 --> 01:02:54.699 including the flagpoles and monument sign wrought iron f 01:02:54.699 --> 01:02:56.199 encing landscaping 01:02:56.199 --> 01:02:59.650 street trees and and it's the the same developer and 01:02:59.650 --> 01:03:01.440 property owners that are 01:03:01.440 --> 01:03:04.579 looking to construct this project so I wanted to provide 01:03:04.579 --> 01:03:05.719 that context to you 01:03:05.719 --> 01:03:10.489 also wanted to provide the the view at the corner of Eagle 01:03:10.489 --> 01:03:12.760 and Carroll and three 01:03:12.760 --> 01:03:15.639 out of the four corners at this intersection have major 01:03:15.639 --> 01:03:16.360 development 01:03:16.360 --> 01:03:19.449 major commercial developments on them today including large 01:03:19.449 --> 01:03:20.800 -scale and Eagle at 01:03:20.800 --> 01:03:24.360 this intersection is six lanes and this is Carroll looking 01:03:24.360 --> 01:03:25.400 north you see it's 01:03:25.400 --> 01:03:30.380 six lane this is a primary arterial and major thoroughfare 01:03:30.380 --> 01:03:31.199 through through 01:03:31.199 --> 01:03:33.809 Denton and into the heart of Denton where it's going to 01:03:33.809 --> 01:03:34.800 draw commercial 01:03:34.800 --> 01:03:39.780 interest and you can see on one corner the four-story 01:03:39.780 --> 01:03:42.440 multifamily project when 01:03:42.440 --> 01:03:46.000 you look west down down Eagle you do see that the one 01:03:46.000 --> 01:03:47.320 corner that's not developed 01:03:47.320 --> 01:03:52.480 commercially is the I double-of cemetery which preceded the 01:03:52.480 --> 01:03:53.519 widening and 01:03:53.519 --> 01:03:57.239 expansion of Carroll Boulevard into a primary arterial road 01:03:57.239 --> 01:03:59.280 way just as this 01:03:59.280 --> 01:04:02.400 single-family subdivision that we're contemplating tonight 01:04:02.400 --> 01:04:03.360 was there prior to 01:04:03.360 --> 01:04:09.219 and Carroll becoming a major thoroughfare just so that in 01:04:09.219 --> 01:04:10.239 case this 01:04:10.239 --> 01:04:13.300 part of the discussion comes up I wanted a visual of Wells 01:04:13.300 --> 01:04:14.719 Fargo advisors which is 01:04:14.719 --> 01:04:19.320 the building on the corner of Maple and Carroll and here is 01:04:19.320 --> 01:04:20.559 the newly constructed 01:04:20.559 --> 01:04:23.800 multifamily project that is directly across Myrtle Street 01:04:23.800 --> 01:04:24.840 from the proposed 01:04:24.840 --> 01:04:28.530 development as you can see and not only through these 01:04:28.530 --> 01:04:30.280 pictures but also in the 01:04:30.280 --> 01:04:34.010 above zoning map and three out of four sides of this 01:04:34.010 --> 01:04:36.360 project are developed with 01:04:36.360 --> 01:04:39.789 large-scale commercial projects many of them are three or 01:04:39.789 --> 01:04:41.079 four stories in nature 01:04:41.079 --> 01:04:46.769 what we are proposing is a single-story residential style 01:04:46.769 --> 01:04:48.039 construction of garden 01:04:48.039 --> 01:04:52.989 offices that we believe are provide a natural buffer 01:04:52.989 --> 01:04:54.639 between the larger scale 01:04:54.639 --> 01:04:58.030 commercial surrounding it and the existing neighborhood to 01:04:58.030 --> 01:04:59.039 the north there 01:04:59.039 --> 01:05:03.900 you can see the dr1 on the visual that shows several blocks 01:05:03.900 --> 01:05:05.239 of existing housing 01:05:05.239 --> 01:05:09.760 there and we believe that that's an important to preserve 01:05:09.760 --> 01:05:11.239 and however we 01:05:11.239 --> 01:05:14.670 think that there's an opportunity here to build as small 01:05:14.670 --> 01:05:16.440 offices that provide a 01:05:16.440 --> 01:05:21.260 good transition in density and scale from the larger and 01:05:21.260 --> 01:05:22.079 development that's 01:05:22.079 --> 01:05:27.489 occurring along Carroll and Eagle we are certainly open to 01:05:27.489 --> 01:05:29.519 and ready to accept a 01:05:29.519 --> 01:05:34.320 zoning overlay and the city staff have proposed 30 foot 01:05:34.320 --> 01:05:35.699 restriction or two 01:05:35.699 --> 01:05:39.789 stories we are willing to accept an overlay of single-story 01:05:39.789 --> 01:05:40.739 and we have no 01:05:40.739 --> 01:05:44.179 intention of building anything above single-story and again 01:05:44.179 --> 01:05:44.840 it will be a 01:05:44.840 --> 01:05:47.539 residential style construction that's compatible with the 01:05:47.539 --> 01:05:48.559 single-family homes 01:05:48.559 --> 01:05:53.369 there and can be a transition in density and scale in the 01:05:53.369 --> 01:05:54.440 public hearing 01:05:54.440 --> 01:05:58.960 discussion we did hear that you were concerned about the 01:05:58.960 --> 01:05:59.800 allowable height of 01:05:59.800 --> 01:06:02.599 a hundred feet that you were concerned about the removal of 01:06:02.599 --> 01:06:03.800 affordable housing 01:06:03.800 --> 01:06:07.159 and encroachment on a residential area the displacement of 01:06:07.159 --> 01:06:08.079 current tenants 01:06:08.079 --> 01:06:11.269 traffic on Maple Street the privacy of tenants in the 01:06:11.269 --> 01:06:12.960 remaining homes drainage 01:06:12.960 --> 01:06:16.409 onto neighboring properties concerns about crime and safety 01:06:16.409 --> 01:06:16.920 and tree 01:06:16.920 --> 01:06:19.650 preservation of some large significant trees that are part 01:06:19.650 --> 01:06:20.880 of the property we 01:06:20.880 --> 01:06:23.599 did conduct two neighborhood meetings as you're aware the 01:06:23.599 --> 01:06:24.840 invitations were mailed 01:06:24.840 --> 01:06:28.079 out on June 1st they were come-and-go format so we had four 01:06:28.079 --> 01:06:29.239 hours open window 01:06:29.239 --> 01:06:32.659 we mailed 32 invitations we had to have neighboring 01:06:32.659 --> 01:06:34.519 property owners attend both 01:06:34.519 --> 01:06:38.030 of those property owners are in attendance tonight and so I 01:06:38.030 --> 01:06:39.119 'm going to 01:06:39.119 --> 01:06:41.860 share with you what discussion we had with them and then 01:06:41.860 --> 01:06:42.840 they can certainly 01:06:42.840 --> 01:06:47.599 verify that or talk about any discrepancies between how I 01:06:47.599 --> 01:06:48.599 interpreted it 01:06:48.599 --> 01:06:53.130 and so the two were 416 Maple Street which is the owner 01:06:53.130 --> 01:06:54.039 occupied house and 01:06:54.039 --> 01:06:58.599 for and 325 Maple Street which is the one that is and has 01:06:58.599 --> 01:06:59.760 two shared property 01:06:59.760 --> 01:07:06.059 lines with this project so 329 Maple Street is I just want 01:07:06.059 --> 01:07:06.320 you to have a 01:07:06.320 --> 01:07:09.889 visual of what we're looking at here I'm 329 Maple Street 01:07:09.889 --> 01:07:10.960 is one of the three 01:07:10.960 --> 01:07:14.650 parcels that is impacted by this project there was some 01:07:14.650 --> 01:07:16.119 discussion about five 01:07:16.119 --> 01:07:19.179 houses being involved at the last meeting there are three 01:07:19.179 --> 01:07:19.920 that are a part 01:07:19.920 --> 01:07:23.039 of the zoning change the one at 329 Maple which is 01:07:23.039 --> 01:07:25.199 currently occupied by an 01:07:25.199 --> 01:07:28.949 employee of the property owner because it is in disrepair 01:07:28.949 --> 01:07:30.519 and really can't be 01:07:30.519 --> 01:07:35.070 rented to the general public I'm 711 Pacific which is 01:07:35.070 --> 01:07:36.719 vacant as of yesterday 01:07:36.719 --> 01:07:42.159 and in 712 Myrtle which has an occupant that is leasing but 01:07:42.159 --> 01:07:43.559 intends to move when 01:07:43.559 --> 01:07:46.170 the lease is up because they need to change school 01:07:46.170 --> 01:07:48.159 districts the fourth 01:07:48.159 --> 01:07:51.639 parcel is the one to the far south that one is not impacted 01:07:51.639 --> 01:07:52.739 in terms of it has 01:07:52.739 --> 01:07:55.360 a detention pond today and we would be tying into the city 01:07:55.360 --> 01:07:56.400 's detention system 01:07:56.400 --> 01:08:01.280 in the future and the two additional houses that were 01:08:01.280 --> 01:08:02.159 discussed that are 01:08:02.159 --> 01:08:05.599 highlighted in yellow here as you can see they're already a 01:08:05.599 --> 01:08:06.519 part of the DCG 01:08:06.519 --> 01:08:10.159 zoning district they were acquired platted and zoned ten 01:08:10.159 --> 01:08:11.039 years ago when the 01:08:11.039 --> 01:08:14.469 bank was originally developed and all of these properties 01:08:14.469 --> 01:08:15.679 were acquired by the 01:08:15.679 --> 01:08:19.399 same owner and developer with the ultimate intent of rede 01:08:19.399 --> 01:08:20.520 veloping the 01:08:20.520 --> 01:08:24.619 project just so you're aware I'm going to show you the 01:08:24.619 --> 01:08:25.720 three houses in question 01:08:25.720 --> 01:08:32.090 this is 329 Maple Street this is 711 Pacific and this is 7 01:08:32.090 --> 01:08:35.340 12 Myrtle when you 01:08:35.340 --> 01:08:37.550 look at our project as a whole and just square up the 01:08:37.550 --> 01:08:39.239 boundaries this this blue 01:08:39.239 --> 01:08:42.350 square is essentially what we are looking at and we did the 01:08:42.350 --> 01:08:43.140 two property 01:08:43.140 --> 01:08:47.670 owners that came to visit with us 416 Maple which I have 01:08:47.670 --> 01:08:48.720 highlighted here I 01:08:48.720 --> 01:08:51.779 want to talk to you a little bit about her concerns and we 01:08:51.779 --> 01:08:52.880 discussed with her 01:08:52.880 --> 01:08:57.189 one of her primary concerns was traffic on Myrtle Street or 01:08:57.189 --> 01:08:58.039 I'm sorry on Maple 01:08:58.039 --> 01:09:00.810 Street and how close the intersection of Pacific is to 01:09:00.810 --> 01:09:02.279 Carroll she was concerned 01:09:02.279 --> 01:09:05.340 about the height of the development she was concerned about 01:09:05.340 --> 01:09:06.079 the crime in the 01:09:06.079 --> 01:09:09.140 neighborhood and she was concerned there's a large tree on 01:09:09.140 --> 01:09:09.800 the corner of 01:09:09.800 --> 01:09:11.920 Pacific and Maple that I'll point out to you in a minute 01:09:11.920 --> 01:09:12.960 that she would like for 01:09:12.960 --> 01:09:20.140 us to preserve. Mr. Yuhas who is also here came in and he 01:09:20.140 --> 01:09:21.239 we discussed his 01:09:21.239 --> 01:09:24.300 concerns about drainage affecting his property and the 01:09:24.300 --> 01:09:25.520 privacy of his tenants 01:09:25.520 --> 01:09:29.149 and traffic on Maple Street building height and some sort 01:09:29.149 --> 01:09:30.119 of buffer to be 01:09:30.119 --> 01:09:32.739 provided since his property is the one that is most 01:09:32.739 --> 01:09:33.880 impacted in terms of 01:09:33.880 --> 01:09:39.000 adjacency. It became obvious immediately that Pacific 01:09:39.000 --> 01:09:40.720 Avenue and that entry was 01:09:40.720 --> 01:09:44.239 a big point of concern for both of those property owners 01:09:44.239 --> 01:09:45.239 and we began to 01:09:45.239 --> 01:09:47.970 brainstorm ways that we could resolve that knowing that we 01:09:47.970 --> 01:09:49.039 're going to have to 01:09:49.039 --> 01:09:52.550 provide adequate fire access to all the buildings and it's 01:09:52.550 --> 01:09:53.960 unlikely that we would 01:09:53.960 --> 01:09:57.829 be able to develop without having an access point off of 01:09:57.829 --> 01:09:59.439 Maple entirely so we 01:09:59.439 --> 01:10:03.989 discussed the possibility of asking the city to abandon 01:10:03.989 --> 01:10:05.199 Pacific Street as a 01:10:05.199 --> 01:10:08.300 street which we were going to do anyway and then we would 01:10:08.300 --> 01:10:09.800 relocate our entryway 01:10:09.800 --> 01:10:15.369 to the eastern border of our project on Maple Street. What 01:10:15.369 --> 01:10:17.159 this does is it gives 01:10:17.159 --> 01:10:22.250 more distance from Carroll Boulevard and it relocates the 01:10:22.250 --> 01:10:23.600 entry away from in 01:10:23.600 --> 01:10:27.529 front of Miss Rausch's house which is most impacted by the 01:10:27.529 --> 01:10:29.000 traffic in terms of 01:10:29.000 --> 01:10:33.630 people coming on and off of Pacific and an added benefit is 01:10:33.630 --> 01:10:35.319 that it provides a 01:10:35.319 --> 01:10:40.779 very clear demarcation for Mr. Yuhas on the western edge of 01:10:40.779 --> 01:10:42.000 his property. 01:10:42.000 --> 01:10:47.000 What you're looking at now is our proposed concept plan 01:10:47.000 --> 01:10:48.159 along with I 01:10:48.159 --> 01:10:50.869 just kind of drew in the neighboring property so we could 01:10:50.869 --> 01:10:51.720 talk about a few 01:10:51.720 --> 01:10:55.079 things so you see Pacific Street highlighted here on the 01:10:55.079 --> 01:10:55.840 left of your 01:10:55.840 --> 01:10:59.569 screen 416 Maple directly across from it that's not drawn 01:10:59.569 --> 01:11:00.520 to scale it's an 01:11:00.520 --> 01:11:06.640 approximate location and then 325 Maple on the eastern side 01:11:06.640 --> 01:11:08.560 over here and these 01:11:08.560 --> 01:11:12.289 are how the other lots are configured between our project 01:11:12.289 --> 01:11:14.000 and Maple Street so 01:11:14.000 --> 01:11:19.350 we would move Pacific East and then we would shift the 01:11:19.350 --> 01:11:21.279 proposed building west 01:11:21.279 --> 01:11:25.000 and then it would be essentially on the same side as what 01:11:25.000 --> 01:11:26.439 the Wells Fargo 01:11:26.439 --> 01:11:30.170 building that exists today and provide more distance 01:11:30.170 --> 01:11:31.720 between the property owner 01:11:31.720 --> 01:11:36.359 at Maple and in our first building. Additionally we're 01:11:36.359 --> 01:11:37.560 required through 01:11:37.560 --> 01:11:41.479 subchapter 13 of the didn't develop a code to provide a 01:11:41.479 --> 01:11:42.640 type C landscape 01:11:42.640 --> 01:11:46.369 buffer between our project and the adjoining properties 01:11:46.369 --> 01:11:47.840 that do front Maple 01:11:47.840 --> 01:11:50.899 Street you can see that highlighted in green here again not 01:11:50.899 --> 01:11:51.640 to scale this is 01:11:51.640 --> 01:11:55.310 just a visual representation of the discussions that we had 01:11:55.310 --> 01:11:56.119 and the tree 01:11:56.119 --> 01:11:59.479 that Miss Rausch is concerned about sits on the corner of 01:11:59.479 --> 01:12:00.800 Pacific and Maple and 01:12:00.800 --> 01:12:04.619 is in a much better position under this scenario to be 01:12:04.619 --> 01:12:07.399 preserved and I will tell 01:12:07.399 --> 01:12:11.069 you that moving forward with the alternative development 01:12:11.069 --> 01:12:11.880 plan our intent 01:12:11.880 --> 01:12:15.430 is to preserve as many of the trees as we can and you will 01:12:15.430 --> 01:12:16.680 see if the zoning 01:12:16.680 --> 01:12:19.510 case is approved at some point you will see that I'll see 01:12:19.510 --> 01:12:20.439 and approve that 01:12:20.439 --> 01:12:23.529 alternative development plan and we'll have an opportunity 01:12:23.529 --> 01:12:24.680 to hold us to and 01:12:24.680 --> 01:12:27.899 some of the discussions that we're having tonight. My 01:12:27.899 --> 01:12:29.960 understanding is that 01:12:29.960 --> 01:12:33.720 both of the property owners that we met with and were 01:12:33.720 --> 01:12:35.399 satisfied with these 01:12:35.399 --> 01:12:39.970 changes at that time and that it made it more palatable to 01:12:39.970 --> 01:12:41.439 them and we committed 01:12:41.439 --> 01:12:44.050 to both of them and that we would have additional 01:12:44.050 --> 01:12:45.479 neighborhood meetings as we 01:12:45.479 --> 01:12:48.699 worked through the site design process and created the 01:12:48.699 --> 01:12:50.319 alternative development 01:12:50.319 --> 01:12:53.380 plan to make sure that we could accommodate their 01:12:53.380 --> 01:12:54.479 suggestions and 01:12:54.479 --> 01:12:59.029 concerns and minimize any impact negative impact that the 01:12:59.029 --> 01:13:00.159 project would 01:13:00.159 --> 01:13:06.720 have. Mr. Yuhas also expressed concerns about drainage 01:13:06.720 --> 01:13:08.640 impacting his property I 01:13:08.640 --> 01:13:12.840 did put a contour map on here just so you have a visual of 01:13:12.840 --> 01:13:14.479 how the drainage is 01:13:14.479 --> 01:13:17.350 going to flow on the site the high point is on the 01:13:17.350 --> 01:13:19.319 northwest circle that you see 01:13:19.319 --> 01:13:25.119 there at 666 feet and the low point is at 638 feet towards 01:13:25.119 --> 01:13:27.000 the southeast portion 01:13:27.000 --> 01:13:31.199 so naturally the water is going to flow south and away from 01:13:31.199 --> 01:13:32.640 the neighbors and 01:13:32.640 --> 01:13:37.430 however Mr. Yuhas was concerned that if we regraded the 01:13:37.430 --> 01:13:38.399 site and changed the 01:13:38.399 --> 01:13:41.460 topography that it might result in some pooling of water in 01:13:41.460 --> 01:13:42.859 his backyard so we 01:13:42.859 --> 01:13:46.149 have committed to him that we would work with him as we 01:13:46.149 --> 01:13:47.720 were doing the drainage 01:13:47.720 --> 01:13:50.960 plans to make sure that his property was not negatively 01:13:50.960 --> 01:13:52.399 impacted and as you all 01:13:52.399 --> 01:13:56.130 know during the final platting process and we are required 01:13:56.130 --> 01:13:57.319 to handle all of 01:13:57.319 --> 01:14:00.979 our own drainage on site and not allow any of that to 01:14:00.979 --> 01:14:03.039 migrate to any neighboring 01:14:03.039 --> 01:14:06.939 properties but we did we did commit to him that we would 01:14:06.939 --> 01:14:07.720 have conversations 01:14:07.720 --> 01:14:10.430 with him as we were actually doing site design to address 01:14:10.430 --> 01:14:11.880 that specifically for 01:14:11.880 --> 01:14:16.550 his property with the alternative development plan and 01:14:16.550 --> 01:14:18.039 final plat processes 01:14:18.039 --> 01:14:21.579 and we're committed to holding more neighborhood meetings 01:14:21.579 --> 01:14:22.399 to look at the 01:14:22.399 --> 01:14:25.010 proposed site plan have neighbors have an opportunity to 01:14:25.010 --> 01:14:26.119 provide feedback and 01:14:26.119 --> 01:14:28.939 it would come back to you for approval and we'll work with 01:14:28.939 --> 01:14:29.840 the neighbors on 01:14:29.840 --> 01:14:33.399 drainage and we'll work we'll discuss safety and lighting 01:14:33.399 --> 01:14:34.520 and tree preservation 01:14:34.520 --> 01:14:37.909 with the neighbors during the site design process and we'll 01:14:37.909 --> 01:14:38.800 work to minimize 01:14:38.800 --> 01:14:41.689 the impact to their properties and work with the city of 01:14:41.689 --> 01:14:42.319 Denton to re look to 01:14:42.319 --> 01:14:45.199 abandon Pacific Street and really be able to relocate our 01:14:45.199 --> 01:14:46.359 entrance to an area 01:14:46.359 --> 01:14:51.079 that is will create less of a traffic issue and as you all 01:14:51.079 --> 01:14:52.199 know and we'll have 01:14:52.199 --> 01:14:56.729 to address and mitigate for any traffic and that this 01:14:56.729 --> 01:14:58.039 development causes at the 01:14:58.039 --> 01:15:01.680 time of final planning and that concludes my presentation 01:15:01.680 --> 01:15:02.920 and I do have a 01:15:02.920 --> 01:15:06.529 property owner representative here with me Virgil strange 01:15:06.529 --> 01:15:07.720 who will speak on our 01:15:07.720 --> 01:15:10.329 behalf as well and I'm happy to answer any questions we do 01:15:10.329 --> 01:15:11.159 have some questions 01:15:11.159 --> 01:15:16.680 Commissioner Smith thank you much chair miss visit 7-eleven 01:15:16.680 --> 01:15:18.600 why was it vacated I 01:15:18.600 --> 01:15:21.489 don't know the answer to that but mr. strange may be able 01:15:21.489 --> 01:15:22.319 to answer that 01:15:22.319 --> 01:15:25.399 question I think that just the lease ended we'll table we 01:15:25.399 --> 01:15:29.199 'll table that the 01:15:29.199 --> 01:15:33.720 is everything south of 712 those two homes that are already 01:15:33.720 --> 01:15:34.420 already in the 01:15:34.420 --> 01:15:37.130 correct zoning for what you guys are opposed for that are 01:15:37.130 --> 01:15:38.119 already in the plat 01:15:38.119 --> 01:15:41.180 to be developed are those what is the status of the 01:15:41.180 --> 01:15:42.239 residents in those homes I 01:15:42.239 --> 01:15:46.319 believe that and they they may both have tenants and I 01:15:46.319 --> 01:15:48.000 allow Virgil to speak to 01:15:48.000 --> 01:15:51.119 that more specifically however and I do want to clarify 01:15:51.119 --> 01:15:53.159 that and all of the 01:15:53.159 --> 01:15:58.020 tenants that are there today where were there are short- 01:15:58.020 --> 01:15:59.680 term tenants they were 01:15:59.680 --> 01:16:02.739 told upfront that the project would ultimately be redevelop 01:16:02.739 --> 01:16:03.680 ed and they 01:16:03.680 --> 01:16:08.199 haven't they're not expecting to stay for the long term and 01:16:08.199 --> 01:16:09.079 my understanding is 01:16:09.079 --> 01:16:12.140 that those who do have leases at this point have roughly a 01:16:12.140 --> 01:16:13.199 year left on them 01:16:13.199 --> 01:16:18.500 and so there's some time to plan for a change once once 01:16:18.500 --> 01:16:19.960 there is an imminent 01:16:19.960 --> 01:16:22.359 development which at this point there obviously is not so 01:16:22.359 --> 01:16:23.000 we would not be 01:16:23.000 --> 01:16:27.920 providing notice at this point okay I think it's fun 01:16:27.920 --> 01:16:33.609 doors Virgil mr. strange guy ask you a question let's let's 01:16:33.609 --> 01:16:34.560 pause this for a 01:16:34.560 --> 01:16:37.970 second when I have questions answer that I think you'll 01:16:37.970 --> 01:16:38.039 come up if we can deal 01:16:38.039 --> 01:16:41.279 with that Christian Ellis thank you vice chair thank you 01:16:41.279 --> 01:16:42.760 Amy for the presentation 01:16:42.760 --> 01:16:46.479 um so just to clarify I understand that three of the homes 01:16:46.479 --> 01:16:48.319 are part of the zoning 01:16:48.319 --> 01:16:50.619 change because the other two already zoned but five of them 01:16:50.619 --> 01:16:51.079 are being 01:16:51.079 --> 01:16:53.689 removed with the development is that correct yes that is 01:16:53.689 --> 01:16:54.399 correct the other two 01:16:54.399 --> 01:16:59.560 are and already part of a part of the project to be removed 01:16:59.560 --> 01:17:01.439 and made turned 01:17:01.439 --> 01:17:05.640 into professional office spaces that's correct okay thanks 01:17:05.640 --> 01:17:13.279 Mr. Sullivan thank you my share I'm curious if y'all are 01:17:13.279 --> 01:17:15.239 designing or your 01:17:15.239 --> 01:17:18.970 plans are designed a single story why not have an overlay 01:17:18.970 --> 01:17:20.560 to restrict it to a 01:17:20.560 --> 01:17:25.510 single story instead of two stories well what I'm saying is 01:17:25.510 --> 01:17:26.800 that we're committed 01:17:26.800 --> 01:17:30.079 to one story and if it if it is more palatable to the 01:17:30.079 --> 01:17:31.560 Commission to have the 01:17:31.560 --> 01:17:34.619 overlay be one story that way in the future if somebody 01:17:34.619 --> 01:17:35.199 wanted to come back 01:17:35.199 --> 01:17:37.569 and redevelop they couldn't put something that was two 01:17:37.569 --> 01:17:38.399 story there and 01:17:38.399 --> 01:17:42.369 then we if you wanted to make the overlay one story we 01:17:42.369 --> 01:17:43.600 would be comfortable 01:17:43.600 --> 01:17:47.329 with that I believe that city staff recommended two stories 01:17:47.329 --> 01:17:47.920 because that's 01:17:47.920 --> 01:17:51.460 what's compatible with the neighborhood today right now dr1 01:17:51.460 --> 01:17:52.600 is a 40 foot high 01:17:52.600 --> 01:17:56.140 restriction I believe so this would actually go from 40 to 01:17:56.140 --> 01:17:57.680 30 and even at 01:17:57.680 --> 01:17:59.560 two stories so I think they were just looking at the 01:17:59.560 --> 01:18:00.640 surrounding area and that 01:18:00.640 --> 01:18:03.760 two stories would still be compatible okay I wouldn't aware 01:18:03.760 --> 01:18:04.699 of any other two 01:18:04.699 --> 01:18:10.000 story houses in that area there is one on Maple Street and 01:18:10.000 --> 01:18:11.819 that 416 actually is 01:18:11.819 --> 01:18:14.880 two story but one of the reasons we're committed to single 01:18:14.880 --> 01:18:15.579 story is we believe 01:18:15.579 --> 01:18:18.390 it's more appropriate and scale to all the surrounding 01:18:18.390 --> 01:18:19.319 single family okay thank 01:18:19.319 --> 01:18:25.439 you I see no other questions thank you very much the next 01:18:25.439 --> 01:18:27.039 speaker is the second 01:18:27.039 --> 01:18:30.560 applicant JV strange if you just state your name and 01:18:30.560 --> 01:18:31.399 address for the record 01:18:31.399 --> 01:18:36.600 you also have ten minutes good evening ladies and gentlemen 01:18:36.600 --> 01:18:37.739 my name is JV 01:18:37.739 --> 01:18:42.260 strange 728 Seville Denton Texas I am one of the property 01:18:42.260 --> 01:18:42.680 owners and the 01:18:42.680 --> 01:18:48.090 applicant this has turned into a fairly complex issue for 01:18:48.090 --> 01:18:49.300 us let me just give 01:18:49.300 --> 01:18:51.939 you a little bit of a background beyond what I mean did 01:18:51.939 --> 01:18:53.100 when we bought the 01:18:53.100 --> 01:18:56.340 properties for the bank which commenced back in about 2007 01:18:56.340 --> 01:18:57.579 and 8 I think we 01:18:57.579 --> 01:19:00.189 bought something like a dozen pieces of property to put 01:19:00.189 --> 01:19:01.159 together the site that 01:19:01.159 --> 01:19:04.260 the bank is currently on there was one piece of property we 01:19:04.260 --> 01:19:05.340 're not able to buy 01:19:05.340 --> 01:19:09.069 at that time it was the piece at Myrtle and Eagle so we had 01:19:09.069 --> 01:19:10.460 to proceed with our 01:19:10.460 --> 01:19:13.170 development with that little out parcel down below we were 01:19:13.170 --> 01:19:14.539 also required in our 01:19:14.539 --> 01:19:17.149 development to put in a detention pond which is the only 01:19:17.149 --> 01:19:18.060 one on Eagle Drive 01:19:18.060 --> 01:19:20.670 even though there are larger projects than ours up and down 01:19:20.670 --> 01:19:22.260 Eagle and the 01:19:22.260 --> 01:19:25.319 intention with the city was at the point in time the 01:19:25.319 --> 01:19:27.739 drainage improvements along 01:19:27.739 --> 01:19:31.800 Eagle and over the Elm and Locust were improved that we 01:19:31.800 --> 01:19:33.300 would be able to remove 01:19:33.300 --> 01:19:38.300 our detention pond recent so that has been something that 01:19:38.300 --> 01:19:39.539 has been hanging out 01:19:39.539 --> 01:19:44.060 there for 10 years we were approached by the city about a 01:19:44.060 --> 01:19:45.220 year ago to grant 01:19:45.220 --> 01:19:48.100 easements across our property so that the drainage 01:19:48.100 --> 01:19:49.699 improvements could be done 01:19:49.699 --> 01:19:53.840 and if you go by there now you'll see that one house has 01:19:53.840 --> 01:19:55.460 been demolished over 01:19:55.460 --> 01:19:58.069 there not one of ours is across the street belong to 01:19:58.069 --> 01:19:59.340 somebody else but the 01:19:59.340 --> 01:20:03.069 city of themselves demolish that to be able to start the 01:20:03.069 --> 01:20:05.220 drainage work the 01:20:05.220 --> 01:20:07.850 reason that we have not done anything towards developing 01:20:07.850 --> 01:20:08.739 anything to the north 01:20:08.739 --> 01:20:11.520 end of our property is that we've been waiting to clear up 01:20:11.520 --> 01:20:12.579 this detention pond 01:20:12.579 --> 01:20:17.100 easement we have severe parking issues at the bank it's a 01:20:17.100 --> 01:20:17.739 constant complaint 01:20:17.739 --> 01:20:22.279 from the tenants and our idea it was to at the appropriate 01:20:22.279 --> 01:20:23.739 time when the city 01:20:23.739 --> 01:20:26.569 put the drainage improvements in part of their commitment 01:20:26.569 --> 01:20:27.619 to us is they give us a 01:20:27.619 --> 01:20:31.939 tap out of our detention pond into the new drainage system 01:20:31.939 --> 01:20:33.260 at that point we can 01:20:33.260 --> 01:20:36.319 fill in the detention pond and put additional parking for 01:20:36.319 --> 01:20:37.020 the bank not a 01:20:37.020 --> 01:20:40.739 lot maybe 12 spaces down there to be able to accommodate 01:20:40.739 --> 01:20:42.420 the banks tenants 01:20:42.420 --> 01:20:46.739 do that we have to modify our alternative development plan 01:20:46.739 --> 01:20:47.340 and to do 01:20:47.340 --> 01:20:50.399 that we need to rezone the little piece on the corner and 01:20:50.399 --> 01:20:51.899 while we're at it to 01:20:51.899 --> 01:20:54.720 make the landscape buffers and all the other things work 01:20:54.720 --> 01:20:56.140 and the ADP revision 01:20:56.140 --> 01:20:58.819 which you would see later on we need to rezone the 01:20:58.819 --> 01:21:00.619 additional three pieces to 01:21:00.619 --> 01:21:05.159 the top which we did not own at the time we started the 01:21:05.159 --> 01:21:06.140 project we have owned 01:21:06.140 --> 01:21:08.539 those properties our partnerships have owned those 01:21:08.539 --> 01:21:09.779 properties for a number of 01:21:09.779 --> 01:21:15.819 years so this whole thing is kind of evolves now around the 01:21:15.819 --> 01:21:16.659 need for parking 01:21:16.659 --> 01:21:20.859 at the bank reconstructed attention pond to parking and 01:21:20.859 --> 01:21:22.380 redoing the entire 01:21:22.380 --> 01:21:26.609 properties that we own into one consistent zoning and if 01:21:26.609 --> 01:21:27.460 you look at 01:21:27.460 --> 01:21:30.659 that one map Amy had we're kind of the only little box down 01:21:30.659 --> 01:21:31.460 there that started 01:21:31.460 --> 01:21:36.699 already in DCG so it was our opinion that this would be 01:21:36.699 --> 01:21:38.220 something compatible 01:21:38.220 --> 01:21:40.189 with the neighborhood we've been a good neighbor at the 01:21:40.189 --> 01:21:41.140 bank we take good care 01:21:41.140 --> 01:21:45.659 of our property anything that we construct there will be 01:21:45.659 --> 01:21:46.260 constructed in 01:21:46.260 --> 01:21:49.340 the fashion it would be compatible with the neighborhood 01:21:49.340 --> 01:21:50.739 and we would continue 01:21:50.739 --> 01:21:54.430 our efforts to be good neighbors to those people who are 01:21:54.430 --> 01:21:56.420 left there I know 01:21:56.420 --> 01:22:00.949 there's issues about the three little houses and taking 01:22:00.949 --> 01:22:02.659 away housing stock I 01:22:02.659 --> 01:22:06.409 think Amy mentioned one of the houses currently is occupied 01:22:06.409 --> 01:22:08.380 by a employee of 01:22:08.380 --> 01:22:11.210 one of my partners because he can't rent the house to 01:22:11.210 --> 01:22:12.579 anybody else it's literally 01:22:12.579 --> 01:22:17.560 falling down the second little house is empty the one on 01:22:17.560 --> 01:22:19.380 Pacific and it too has 01:22:19.380 --> 01:22:22.739 some structural issues and termite issues so two of those 01:22:22.739 --> 01:22:23.939 houses are fairly 01:22:23.939 --> 01:22:27.840 short-lived the one other one over on Myrtle is a very 01:22:27.840 --> 01:22:29.420 small house and sets 01:22:29.420 --> 01:22:32.159 directly across the street from the apartments and of 01:22:32.159 --> 01:22:33.140 course we have two 01:22:33.140 --> 01:22:36.500 houses over there that we we bought originally with the 01:22:36.500 --> 01:22:37.699 bank property and 01:22:37.699 --> 01:22:40.760 they are already zoned so we're not we're not here to zone 01:22:40.760 --> 01:22:42.460 those we do not 01:22:42.460 --> 01:22:45.920 anticipate that if we got the zoning tonight and the 01:22:45.920 --> 01:22:47.699 council approval that the 01:22:47.699 --> 01:22:50.520 bulldozers are drove in next month and we demolished all 01:22:50.520 --> 01:22:51.260 the houses and the 01:22:51.260 --> 01:22:54.449 people be sitting on the streets that's not the intent we 01:22:54.449 --> 01:22:55.659 have a lot of work to 01:22:55.659 --> 01:22:58.489 do we've got the detention pond to address we've got 01:22:58.489 --> 01:22:59.859 planning issues to 01:22:59.859 --> 01:23:02.920 address we got the alternative development plan to address 01:23:02.920 --> 01:23:03.859 engineering 01:23:03.859 --> 01:23:08.180 issues permitting issues so anything that happens there is 01:23:08.180 --> 01:23:09.460 is on a longer 01:23:09.460 --> 01:23:12.619 term other than the parking lot we'd like to get that done 01:23:12.619 --> 01:23:13.100 as quickly as 01:23:13.100 --> 01:23:17.420 possible but I can see that what we'd like to do would be 01:23:17.420 --> 01:23:18.460 start primarily over 01:23:18.460 --> 01:23:22.359 on the Pacific Street side of the properties and probably 01:23:22.359 --> 01:23:23.420 construct one 01:23:23.420 --> 01:23:27.109 building there see how that goes another one another 01:23:27.109 --> 01:23:28.420 probably the two houses over 01:23:28.420 --> 01:23:32.239 on Myrtle would be the last two that would be moved out so 01:23:32.239 --> 01:23:34.020 having been at 01:23:34.020 --> 01:23:37.770 this business for 40 years I'm naive enough to think I'm 01:23:37.770 --> 01:23:38.979 gonna go build four 01:23:38.979 --> 01:23:41.680 offices and have them leashed out in six months I see this 01:23:41.680 --> 01:23:42.899 evolving out over a 01:23:42.899 --> 01:23:46.649 number of years and so anybody that's in those houses will 01:23:46.649 --> 01:23:47.460 have an adequate 01:23:47.460 --> 01:23:51.039 amount of time to to find a relocation if in fact two of 01:23:51.039 --> 01:23:52.460 the houses don't fall 01:23:52.460 --> 01:23:56.329 out from under them in the meantime so I'm here to just 01:23:56.329 --> 01:23:57.979 kind of clarify why 01:23:57.979 --> 01:24:01.590 we're here the detention pond issue the parking issue why 01:24:01.590 --> 01:24:03.180 this all needs to be 01:24:03.180 --> 01:24:06.399 zoned at one time well we can't withdraw part of it do part 01:24:06.399 --> 01:24:08.100 of it because it all 01:24:08.100 --> 01:24:11.850 fits into how we have to work with the city on the ADP it's 01:24:11.850 --> 01:24:12.779 all got to be 01:24:12.779 --> 01:24:17.100 considered as one unit at least that's my understanding 01:24:17.100 --> 01:24:18.420 from what we're gonna 01:24:18.420 --> 01:24:21.039 have to do to be able to meet the parking requirements and 01:24:21.039 --> 01:24:21.619 to meet the 01:24:21.619 --> 01:24:27.479 landscape requirements setbacks etc so hopefully that will 01:24:27.479 --> 01:24:28.260 help clarify a 01:24:28.260 --> 01:24:33.220 little bit of what we're doing and to clarify again mr. so 01:24:33.220 --> 01:24:34.140 we have no 01:24:34.140 --> 01:24:36.939 intention to go it up two stories one story would be the 01:24:36.939 --> 01:24:38.300 most I envision these 01:24:38.300 --> 01:24:41.359 being somewhere around four thousand to five thousand 01:24:41.359 --> 01:24:43.020 square foot buildings that's tends to 01:24:43.020 --> 01:24:47.960 accommodate one or two tenants and again it just be single 01:24:47.960 --> 01:24:49.220 story go up look 01:24:49.220 --> 01:24:51.880 behind the chase bank up at University you have a similar 01:24:51.880 --> 01:24:52.739 deal you got a big 01:24:52.739 --> 01:24:56.170 building in the front on a major street right behind it are 01:24:56.170 --> 01:24:57.220 four smaller office 01:24:57.220 --> 01:25:00.310 buildings that back right up to residential housing so 01:25:00.310 --> 01:25:01.220 there's a there's 01:25:01.220 --> 01:25:03.829 a picture for what we're thinking about doing already on 01:25:03.829 --> 01:25:05.380 the north side of town 01:25:05.380 --> 01:25:11.779 so with that I'll be happy to answer any questions you all 01:25:11.779 --> 01:25:12.659 I have we do have some 01:25:12.659 --> 01:25:16.329 questions Mr. Smith thank you vice-chair mr. strange thank 01:25:16.329 --> 01:25:16.979 you for presentation 01:25:16.979 --> 01:25:19.000 actually I'm any questions for you you've answered 01:25:19.000 --> 01:25:20.060 everything for me I do 01:25:20.060 --> 01:25:22.800 have a question for city staff mr. Jackson if you come back 01:25:22.800 --> 01:25:26.739 up please I 01:25:26.739 --> 01:25:33.180 think I think I think mr. strange has 40 years of 01:25:33.180 --> 01:25:34.380 development knowledge that 01:25:34.380 --> 01:25:39.460 might make it hard to to make make make it make it sense to 01:25:39.460 --> 01:25:40.739 me so what he's 01:25:40.739 --> 01:25:45.300 saying is that they cannot do the parking lot they cannot 01:25:45.300 --> 01:25:46.100 build a parking 01:25:46.100 --> 01:25:49.159 lot and fill in the detention pond well they have to do 01:25:49.159 --> 01:25:50.500 that through the process 01:25:50.500 --> 01:25:53.630 of doing an ADP and they cannot do that unless they they re 01:25:53.630 --> 01:25:54.659 zone all of these 01:25:54.659 --> 01:25:57.270 parcels correct they can't do a partial rezone on the 01:25:57.270 --> 01:25:58.560 southern part then fill 01:25:58.560 --> 01:26:04.340 that in and then maybe come to the northern part another 01:26:04.340 --> 01:26:06.619 time well I'm not 01:26:06.619 --> 01:26:11.340 sure about the not being able to do that corner without 01:26:11.340 --> 01:26:13.699 doing all of it I was not 01:26:13.699 --> 01:26:16.760 part of the process they went through ten years ago I wasn 01:26:16.760 --> 01:26:18.180 't with the city at 01:26:18.180 --> 01:26:21.939 that time so I would have to look into that to see exactly 01:26:21.939 --> 01:26:23.060 what the restraints 01:26:23.060 --> 01:26:26.779 are okay so that but I can't happen that could the ADP that 01:26:26.779 --> 01:26:27.819 currently exists 01:26:27.819 --> 01:26:30.430 could have had it to where they are restrictions there are 01:26:30.430 --> 01:26:31.140 restraints to 01:26:31.140 --> 01:26:33.560 where they do have to rezone all of this if they want to 01:26:33.560 --> 01:26:34.460 make a change to that 01:26:34.460 --> 01:26:37.819 one possible I just have to take a look at the ADP well I 01:26:37.819 --> 01:26:38.619 'll trust I think I'll 01:26:38.619 --> 01:26:41.020 trust mr. strange that that's the way he wouldn't be up 01:26:41.020 --> 01:26:42.460 here lying bold-faced to 01:26:42.460 --> 01:26:47.010 us in a public hearing so okay a couple of the questions 01:26:47.010 --> 01:26:48.899 the city to abandon 01:26:48.899 --> 01:26:55.020 Pacific how the the process for an applicant to go through 01:26:55.020 --> 01:26:55.579 and negotiate 01:26:55.579 --> 01:26:59.140 that with the city what's the city opinion on abandoning 01:26:59.140 --> 01:26:59.739 streets all that 01:26:59.739 --> 01:27:04.779 kind of stuff they can make a they can petition to abandon 01:27:04.779 --> 01:27:05.979 the street and do it 01:27:05.979 --> 01:27:08.590 by separate instrument but typically that's done through a 01:27:08.590 --> 01:27:09.420 plot Jerry might 01:27:09.420 --> 01:27:15.289 be able to expound on that more there there is a process 01:27:15.289 --> 01:27:16.779 for banks really I'm 01:27:16.779 --> 01:27:22.060 not really up on it right now but there is a process for it 01:27:22.060 --> 01:27:23.100 there has to be 01:27:23.100 --> 01:27:26.489 negotiations with the council and real estate and 01:27:26.489 --> 01:27:28.420 engineering we have to make 01:27:28.420 --> 01:27:32.289 sure that there's no easements are on the industry there's 01:27:32.289 --> 01:27:33.300 no utilities in the 01:27:33.300 --> 01:27:37.949 street and so there's no guarantee even though there there 01:27:37.949 --> 01:27:38.699 is discussion when 01:27:38.699 --> 01:27:41.979 they rose we could abandon Pacific move the move everything 01:27:41.979 --> 01:27:42.819 over so we're up to 01:27:42.819 --> 01:27:46.979 fire code or that's all dependent upon future decisions and 01:27:46.979 --> 01:27:47.619 there can there 01:27:47.619 --> 01:27:51.079 that's correct legal is there a way for us to in an 01:27:51.079 --> 01:27:53.260 improvement if there was an 01:27:53.260 --> 01:27:56.880 approval vote put up to make this approval subject to the 01:27:56.880 --> 01:27:57.779 abandoning a 01:27:57.779 --> 01:28:00.609 Pacific Street is that even possible is that a restriction 01:28:00.609 --> 01:28:01.539 that goes too far I 01:28:01.539 --> 01:28:07.270 believe it is because you know it would be conditioning it 01:28:07.270 --> 01:28:08.739 on something that may 01:28:08.739 --> 01:28:12.859 or may not even happen and and it would be a discretionary 01:28:12.859 --> 01:28:13.579 act with the City 01:28:13.579 --> 01:28:19.789 Council it would essentially be constraining the City 01:28:19.789 --> 01:28:21.779 Council it's a way 01:28:21.779 --> 01:28:23.800 to take action on something that would otherwise it would 01:28:23.800 --> 01:28:24.539 have discretion and 01:28:24.539 --> 01:28:29.739 then on the drainage part that comes in ADP that comes in 01:28:29.739 --> 01:28:30.420 the final plotting 01:28:30.420 --> 01:28:34.939 plotting plotting they probably mentioned it said it a 01:28:34.939 --> 01:28:35.420 couple times and 01:28:35.420 --> 01:28:37.689 it could have been done different parts I want to make sure 01:28:37.689 --> 01:28:38.619 it's gonna be when it 01:28:38.619 --> 01:28:42.579 would be when we would see it just to make note well I don 01:28:42.579 --> 01:28:43.380 't know if you 01:28:43.380 --> 01:28:46.270 recall that the city had a lot of issues with drainage and 01:28:46.270 --> 01:28:47.659 flooding in this area 01:28:47.659 --> 01:28:55.720 back in the day and they are in the day like eight years 01:28:55.720 --> 01:28:57.939 ago and they are 01:28:57.939 --> 01:29:01.630 actually the city has been installing infrastructure 01:29:01.630 --> 01:29:02.899 throughout that area to 01:29:02.899 --> 01:29:09.689 handle the drainage and when they when they plot this this 01:29:09.689 --> 01:29:11.100 this lot into the 01:29:11.100 --> 01:29:16.500 entire area all the drainage will be considered okay thank 01:29:16.500 --> 01:29:17.340 you Cindy 01:29:17.979 --> 01:29:21.710 just a second if you can request to speak because your 01:29:21.710 --> 01:29:22.979 house would be next 01:29:22.979 --> 01:29:26.550 thank you guys I guess I'm still trying to get an answer to 01:29:26.550 --> 01:29:27.340 what Commissioner 01:29:27.340 --> 01:29:29.970 Smith did and I don't know if mr. strange maybe has that 01:29:29.970 --> 01:29:31.659 answer about why 01:29:31.659 --> 01:29:34.779 the why that Eagle parcel stands alone and can't be 01:29:34.779 --> 01:29:36.500 developed so I'd love I 01:29:36.500 --> 01:29:41.050 mean if Cindy can answer it I would love mr. strange to 01:29:41.050 --> 01:29:45.020 address it please when we 01:29:45.020 --> 01:29:48.979 came forward several months ago well I used to call a DRC 01:29:48.979 --> 01:29:49.619 meeting I think it's 01:29:49.619 --> 01:29:53.000 now called a pre-development meeting that dates me we 01:29:53.000 --> 01:29:54.659 brought this whole issue 01:29:54.659 --> 01:29:58.020 out about how we needed to what we needed to do to be able 01:29:58.020 --> 01:29:58.939 to put parking 01:29:58.939 --> 01:30:03.899 on the corner and to address the issues in the current ADP 01:30:03.899 --> 01:30:05.659 the current ADP has a 01:30:05.659 --> 01:30:08.880 limitation in it that we can only have X number of parking 01:30:08.880 --> 01:30:10.060 places for our bank 01:30:10.060 --> 01:30:15.109 and so to be able to put more parking down there where the 01:30:15.109 --> 01:30:15.979 detention pond is 01:30:15.979 --> 01:30:19.850 which that is part of the bank property we were trying to 01:30:19.850 --> 01:30:21.420 work with the city to 01:30:21.420 --> 01:30:24.510 bring in the smaller piece at the bottom down at the corner 01:30:24.510 --> 01:30:25.500 of Myrtle and Eagle 01:30:25.500 --> 01:30:30.050 and the three at the top and redo a rebalancing of the 01:30:30.050 --> 01:30:31.899 whole property to 01:30:31.899 --> 01:30:35.119 take some of the parking spaces it could be used up north 01:30:35.119 --> 01:30:37.579 move them down south to 01:30:37.579 --> 01:30:40.029 spread some of the landscaping requirements to the 01:30:40.029 --> 01:30:40.939 properties to the 01:30:40.939 --> 01:30:48.109 north as well so we were told at that time that what we 01:30:48.109 --> 01:30:49.579 needed to do was to 01:30:49.579 --> 01:30:54.539 rezone that corner property and read and revise our ADP and 01:30:54.539 --> 01:30:56.699 that's when we put 01:30:56.699 --> 01:30:59.760 all four of these properties together to be able to come 01:30:59.760 --> 01:31:01.420 forward to get into ADP 01:31:01.420 --> 01:31:07.449 and to provide the parking in the front of the bank so it's 01:31:07.449 --> 01:31:09.220 some kind of ratio 01:31:09.220 --> 01:31:12.819 with the parking and in the current ADP so you have to make 01:31:12.819 --> 01:31:14.380 the footprint bigger 01:31:14.380 --> 01:31:17.229 I mean that's almost what we're kind of read you to read j 01:31:17.229 --> 01:31:18.140 uggling yeah we're 01:31:18.140 --> 01:31:21.500 making a bigger footprint and we're taking some of the 01:31:21.500 --> 01:31:22.739 parking that can be 01:31:22.739 --> 01:31:25.619 attributed to the north and putting it down in front of the 01:31:25.619 --> 01:31:26.420 bank because we 01:31:26.420 --> 01:31:29.529 cannot put any more spaces at the bank under the current AD 01:31:29.529 --> 01:31:31.000 P so if we didn't do 01:31:31.000 --> 01:31:34.899 anything with a little corner lot just say we do nothing we 01:31:34.899 --> 01:31:35.899 don't do anything 01:31:35.899 --> 01:31:38.760 with zoning the corner we don't do anything at the top we 01:31:38.760 --> 01:31:40.260 're stuck at the 01:31:40.260 --> 01:31:43.369 bank about getting any more parking and or a filter we can 01:31:43.369 --> 01:31:44.220 fill in the detention 01:31:44.220 --> 01:31:47.279 bond but would serve no purpose we need to parking spaces 01:31:47.279 --> 01:31:48.100 down there for the 01:31:48.100 --> 01:31:52.310 tenants in that building we have a law firm investment firm 01:31:52.310 --> 01:31:53.260 a bank and 01:31:53.260 --> 01:31:56.350 insurance agents and they have constant traffic in and out 01:31:56.350 --> 01:31:57.659 and we have constant 01:31:57.659 --> 01:32:01.149 complaints about the parking and it's telling you there's 01:32:01.149 --> 01:32:02.739 no way to do that 01:32:02.739 --> 01:32:06.859 there's no way to develop that Eagle lot without trying to 01:32:06.859 --> 01:32:08.300 pull in these other 01:32:08.300 --> 01:32:10.909 northern parcels is that how I understand what you're 01:32:10.909 --> 01:32:11.819 saying that's my 01:32:11.819 --> 01:32:15.510 that's my current understanding where we are when we when 01:32:15.510 --> 01:32:17.460 we bought that lot and 01:32:17.460 --> 01:32:20.710 started working with the city about how we got electric 01:32:20.710 --> 01:32:22.180 services and other things 01:32:22.180 --> 01:32:24.789 to the rest of the building of the bank and to the 01:32:24.789 --> 01:32:26.020 properties to the north 01:32:26.020 --> 01:32:29.380 there's a big electrical easement that goes through part of 01:32:29.380 --> 01:32:31.859 that little part on 01:32:31.859 --> 01:32:36.380 Eagle and Myrtle now we just got to give them the city an 01:32:36.380 --> 01:32:37.100 easement on another 01:32:37.100 --> 01:32:40.829 part of it for the drainage so it gets so condensed down we 01:32:40.829 --> 01:32:42.699 we are a spot on 01:32:42.699 --> 01:32:46.430 the corner we can't get a curb cut into that off of either 01:32:46.430 --> 01:32:47.859 Eagle or Myrtle but 01:32:47.859 --> 01:32:50.659 they don't meet the setback requirements the city has so it 01:32:50.659 --> 01:32:51.779 just becomes a dead 01:32:51.779 --> 01:33:01.579 piece of property okay I mean that clears it up slightly I 01:33:01.579 --> 01:33:02.180 appreciate it 01:33:02.180 --> 01:33:04.939 thank you anybody else have a question we do 01:33:04.939 --> 01:33:08.140 Chris are back thank you guys chair Virgil thanks for 01:33:08.140 --> 01:33:09.739 coming down speaking 01:33:09.739 --> 01:33:14.439 and I'm still a little muddy on it and I understand this 01:33:14.439 --> 01:33:16.020 visit might be able to 01:33:16.020 --> 01:33:18.890 add to it if she wants to come on down I'd be glad to hear 01:33:18.890 --> 01:33:20.140 too but as she's 01:33:20.140 --> 01:33:23.890 coming down let me answer this then what you're really 01:33:23.890 --> 01:33:25.420 needing it sounds like is 01:33:25.420 --> 01:33:28.590 parking spaces you don't necessarily need the offices you 01:33:28.590 --> 01:33:30.039 need parking spaces 01:33:30.039 --> 01:33:35.060 to meet a need for the existing clients of access bank is 01:33:35.060 --> 01:33:36.779 that what I'm hearing 01:33:36.779 --> 01:33:41.970 well we need the parking places but we bought we bought all 01:33:41.970 --> 01:33:43.539 that property we 01:33:43.539 --> 01:33:48.670 bought all with you maybe put that one exhibit back up baby 01:33:48.670 --> 01:33:50.340 that shows the all 01:33:53.180 --> 01:33:58.460 let me just see you one exhibit here yeah when we bought 01:33:58.460 --> 01:33:59.939 the bank property 01:33:59.939 --> 01:34:03.000 there were I'd have to guess a dozen properties that we 01:34:03.000 --> 01:34:03.979 bought up and down 01:34:03.979 --> 01:34:07.300 what was the old Carroll Boulevard remnants we bought 01:34:07.300 --> 01:34:08.539 everything I'm 01:34:08.539 --> 01:34:12.289 pointing you can't see oh you're pointing okay we bought 01:34:12.289 --> 01:34:13.859 the area that is 01:34:13.859 --> 01:34:17.340 encompassed in the bank we bought the two houses that were 01:34:17.340 --> 01:34:20.539 up there that was 01:34:20.539 --> 01:34:25.060 back in 2007 or eight we were not able to acquire the spot 01:34:25.060 --> 01:34:26.220 down on Myrtle and 01:34:26.220 --> 01:34:30.000 Eagle until maybe a year year and a half later and we had 01:34:30.000 --> 01:34:32.300 already planted had 01:34:32.300 --> 01:34:35.439 already got our ADP so we could not go back at that time 01:34:35.439 --> 01:34:36.619 and revise it we were 01:34:36.619 --> 01:34:42.000 already under construction at the bank we purchased the 01:34:42.000 --> 01:34:43.420 property the first 01:34:43.420 --> 01:34:46.229 property we purchased was the one immediately north of the 01:34:46.229 --> 01:34:46.739 existing 01:34:46.739 --> 01:34:52.500 property that we own that's 7-eleven which is on Pacific 01:34:52.500 --> 01:34:55.060 Street we tried to 01:34:55.060 --> 01:34:57.670 buy that initially when we bought the other property that 01:34:57.670 --> 01:34:58.460 the owner would not 01:34:58.460 --> 01:35:02.989 sell it to us we bought that years ago within bought the 01:35:02.989 --> 01:35:03.859 little property over 01:35:03.859 --> 01:35:11.229 on Myrtle and then the property up on Maple with the idea 01:35:11.229 --> 01:35:12.500 in mind all the way 01:35:12.500 --> 01:35:17.779 from the beginning that again we wanted to try to create a 01:35:17.779 --> 01:35:19.560 corner a commercial 01:35:19.560 --> 01:35:23.539 corner here on this entry into Denton so we did want to put 01:35:23.539 --> 01:35:25.100 offices there that's 01:35:25.100 --> 01:35:28.159 why we bought all that land the parking down here at the 01:35:28.159 --> 01:35:29.739 bottom when we built 01:35:29.739 --> 01:35:32.939 the building I didn't know the problem the city of you know 01:35:32.939 --> 01:35:33.859 only requires a 01:35:33.859 --> 01:35:36.180 certain number of parking spaces for the size of your 01:35:36.180 --> 01:35:37.340 building so we were stuck 01:35:37.340 --> 01:35:41.329 with that we were stuck with it the ADP the solution to it 01:35:41.329 --> 01:35:42.659 came when we were 01:35:42.659 --> 01:35:46.819 able to work with the city to put the easement through 01:35:46.819 --> 01:35:48.340 there get the outflow 01:35:48.340 --> 01:35:52.869 of that pond into the new drainage system fill that pond up 01:35:52.869 --> 01:35:53.380 incorporate 01:35:53.380 --> 01:35:56.789 that track now into the bank track and these other tracks 01:35:56.789 --> 01:35:57.819 and then kind of 01:35:57.819 --> 01:36:00.699 reapportion the parking in the landscaping environments on 01:36:00.699 --> 01:36:01.260 the entire 01:36:01.260 --> 01:36:04.420 property so that we can get parking down there and utilize 01:36:04.420 --> 01:36:05.420 that little dead 01:36:05.420 --> 01:36:09.880 corner parking is a real problem over there okay and again 01:36:09.880 --> 01:36:10.659 for I let Amy say 01:36:10.659 --> 01:36:15.260 anything let me I am sympathetic to the fact that you 01:36:15.260 --> 01:36:16.340 bought this property with 01:36:16.340 --> 01:36:19.779 the intent to develop it I totally am and I'm appreciative 01:36:19.779 --> 01:36:21.100 of your development 01:36:21.100 --> 01:36:24.380 here and how it wants to try and blend in and not you know 01:36:24.380 --> 01:36:25.180 disturb the 01:36:25.180 --> 01:36:28.729 neighborhood I'm still not convinced that this is not encro 01:36:28.729 --> 01:36:29.340 ach it's gonna 01:36:29.340 --> 01:36:32.399 affect this older neighborhood so that's still a concern of 01:36:32.399 --> 01:36:33.539 mine but let me ask 01:36:33.539 --> 01:36:38.779 this if again it seems like parking is the main concern 01:36:38.779 --> 01:36:40.260 here now that you can 01:36:40.260 --> 01:36:46.020 build on this tract of land down the southeast corner there 01:36:46.020 --> 01:36:46.979 and this is just 01:36:46.979 --> 01:36:51.939 a hypothetical isn't it possible to build an elevated 01:36:51.939 --> 01:36:53.939 parking building that 01:36:53.939 --> 01:36:59.260 would meet the needs of your tenants to provide the time 01:36:59.260 --> 01:37:00.859 parking the number of 01:37:00.859 --> 01:37:03.020 parking spaces you need two or three store you could go up 01:37:03.020 --> 01:37:04.100 to 100 feet there 01:37:04.100 --> 01:37:08.970 once if if it was a zone now if it was on DCG which it's 01:37:08.970 --> 01:37:09.500 not right now I 01:37:09.500 --> 01:37:14.659 understand that and that therein lies the dilemma but 01:37:14.659 --> 01:37:18.340 saying I mean again just 01:37:18.340 --> 01:37:23.659 speaking hypothetically this proposal doesn't go forward 01:37:23.659 --> 01:37:25.500 down the road you're 01:37:25.500 --> 01:37:30.050 able to come back and get that one corner lot on Myrtle and 01:37:30.050 --> 01:37:32.380 Eagle zone DCG 01:37:32.380 --> 01:37:36.420 would that address your parking problems then if you if you 01:37:36.420 --> 01:37:37.539 built an elevated 01:37:37.539 --> 01:37:44.140 parking building there that was what we were I'm originally 01:37:44.140 --> 01:37:45.300 thinking when we had 01:37:45.300 --> 01:37:48.409 the discussion a month ago at the public hearing but when 01:37:48.409 --> 01:37:49.779 you look at that the 01:37:49.779 --> 01:37:54.310 way that ADP is written today and the number of parking 01:37:54.310 --> 01:37:55.859 spaces is locked in 01:37:55.859 --> 01:37:59.590 for the bank the reason that we can get more parking spaces 01:37:59.590 --> 01:38:01.300 if we developed the 01:38:01.300 --> 01:38:04.189 professional offices is because you have a ratio of X 01:38:04.189 --> 01:38:05.659 number of parking spaces 01:38:05.659 --> 01:38:09.979 per square feet and so if we pick up 5,000 square feet to 01:38:09.979 --> 01:38:11.239 the north then we 01:38:11.239 --> 01:38:14.680 can take these parking spaces that are on the northern end 01:38:14.680 --> 01:38:15.699 and use those to 01:38:15.699 --> 01:38:19.090 park the office building not add parking to the north this 01:38:19.090 --> 01:38:20.859 is an example and then 01:38:20.859 --> 01:38:24.590 add parking spaces to the to the property on the south that 01:38:24.590 --> 01:38:25.420 keeps the 01:38:25.420 --> 01:38:29.000 number of parking spaces that are for the bank the same and 01:38:29.000 --> 01:38:29.760 what we've 01:38:29.760 --> 01:38:33.489 essentially done is allocated some of the existing parking 01:38:33.489 --> 01:38:34.619 that's the banks 01:38:34.619 --> 01:38:38.050 now but is close enough to the professional offices to park 01:38:38.050 --> 01:38:38.500 them at 01:38:38.500 --> 01:38:42.250 their required ratio so and we would be overall the bank 01:38:42.250 --> 01:38:43.899 would not gain any 01:38:43.899 --> 01:38:49.100 parking spaces those ones towards the parking requirements 01:38:49.100 --> 01:38:50.939 for the the 01:38:50.939 --> 01:38:53.079 professional offices and I don't have the exact 01:38:53.079 --> 01:38:54.500 calculations to tell you what 01:38:54.500 --> 01:38:57.649 square footage would be necessary to get 12 spaces and 01:38:57.649 --> 01:38:59.659 which is roughly how many 01:38:59.659 --> 01:39:03.159 we need on the south and we only need about 12 additional 01:39:03.159 --> 01:39:04.060 spaces but the 01:39:04.060 --> 01:39:07.140 alternative development plans one says you cannot add 01:39:07.140 --> 01:39:08.460 parking spaces for the 01:39:08.460 --> 01:39:13.670 bank and two it says the ADP does not speak to the parcels 01:39:13.670 --> 01:39:14.739 to the north that 01:39:14.739 --> 01:39:17.359 are intended to be developed in the future and so you'll 01:39:17.359 --> 01:39:18.380 need an alternative 01:39:18.380 --> 01:39:21.609 development plan when you're ready to do that and so and 01:39:21.609 --> 01:39:22.819 when we did have our 01:39:22.819 --> 01:39:25.430 pre-development meeting the conversation was there's no way 01:39:25.430 --> 01:39:26.300 around an amended 01:39:26.300 --> 01:39:29.989 ADP and you can't get those parking spaces on the south 01:39:29.989 --> 01:39:31.380 without taking some 01:39:31.380 --> 01:39:33.500 of the ones that are on the north and allocating them to 01:39:33.500 --> 01:39:34.460 the office building 01:39:34.460 --> 01:39:37.130 so that's why we feel like we're kind of in that spot where 01:39:37.130 --> 01:39:38.100 there's there's no 01:39:38.100 --> 01:39:43.069 way around there's no way to amend the ADP to get what we 01:39:43.069 --> 01:39:44.380 need without adding 01:39:44.380 --> 01:39:50.100 additional space for landscaping and building footage which 01:39:50.100 --> 01:39:51.460 get freeze up some 01:39:51.460 --> 01:39:57.260 parking okay but that still wouldn't prevent you again 01:39:57.260 --> 01:39:57.779 provided that down the 01:39:57.779 --> 01:40:01.380 road this one track to land on Eagle and Myrtle could be 01:40:01.380 --> 01:40:03.560 zone DCG that you 01:40:03.560 --> 01:40:08.340 couldn't build a parking garage there from the bank doesn't 01:40:08.340 --> 01:40:08.819 have to be 01:40:08.819 --> 01:40:12.180 associated with the bank but it could serve as a parking 01:40:12.180 --> 01:40:14.779 facility for pretty 01:40:14.779 --> 01:40:18.300 much anybody especially if it's paid parking I'm not sure 01:40:18.300 --> 01:40:19.180 whether a parking 01:40:19.180 --> 01:40:22.539 garage a standalone parking garage on a parcel would be an 01:40:22.539 --> 01:40:23.739 allowable use or not 01:40:23.739 --> 01:40:29.430 I don't know that off the top of my head we would have no 01:40:29.430 --> 01:40:30.079 need to build the 01:40:30.079 --> 01:40:34.199 parking garage because we only need 12 spaces okay to get 01:40:34.199 --> 01:40:35.300 the 12 spaces and 01:40:35.300 --> 01:40:40.859 you're saying you've got to build these garden offices 01:40:40.859 --> 01:40:44.560 right in the ADP we have 01:40:44.560 --> 01:40:47.380 to encompass the project as a whole as my as I understand 01:40:47.380 --> 01:40:48.420 it today that was the 01:40:48.420 --> 01:40:51.029 conversation that we've had with the city okay and to 01:40:51.029 --> 01:40:52.220 Commissioner Ellis's 01:40:52.220 --> 01:40:56.770 point that seems like a big footprint for 12 spaces but 01:40:56.770 --> 01:40:59.100 again I understand that 01:40:59.100 --> 01:41:03.250 when the property was bought it was in never never realized 01:41:03.250 --> 01:41:04.500 you're gonna run 01:41:04.500 --> 01:41:07.569 in this kind of confrontation here and just thought this 01:41:07.569 --> 01:41:08.460 would go but here we 01:41:08.460 --> 01:41:15.029 are and to consider anything less than this now is like an 01:41:15.029 --> 01:41:17.979 obstacle there's no 01:41:17.979 --> 01:41:21.350 there's no way we can make a smaller footprint again 01:41:21.350 --> 01:41:22.920 without the office 01:41:22.920 --> 01:41:26.500 space because again if it's just parking space as you want 01:41:26.500 --> 01:41:27.939 I'm having a hard time 01:41:27.939 --> 01:41:31.630 I'm not sure that I'm understanding your question I think 01:41:31.630 --> 01:41:32.939 you said it's a big 01:41:32.939 --> 01:41:37.779 footprint if you mean the southern tract it would remain 01:41:37.779 --> 01:41:38.979 green space all the 01:41:38.979 --> 01:41:43.859 northern tracks you're developing that for the sole purpose 01:41:43.859 --> 01:41:45.140 of getting 12 more 01:41:45.140 --> 01:41:48.899 at least 12 more parking spaces did I hear that right 01:41:48.899 --> 01:41:54.420 at least 12 developing that is for development in its own 01:41:54.420 --> 01:41:55.300 right to provide 01:41:55.300 --> 01:41:59.899 office space downtown desirable office space to bring 01:41:59.899 --> 01:42:00.819 employment density 01:42:00.819 --> 01:42:04.920 downtown to support commercial and retail and in commerce 01:42:04.920 --> 01:42:06.300 and it's just 01:42:06.300 --> 01:42:10.029 that we can't my point is that we can't split them up into 01:42:10.029 --> 01:42:11.340 where we only 01:42:11.340 --> 01:42:15.029 address the parcel on the south my from my understanding 01:42:15.029 --> 01:42:16.300 because we can't get 01:42:16.300 --> 01:42:19.819 the amendment to the ADP we need it we can't we can't hold 01:42:19.819 --> 01:42:21.079 the same parking 01:42:21.079 --> 01:42:28.539 ratio and without adding office buildings okay you're in 01:42:28.539 --> 01:42:29.699 between the rock and hard 01:42:29.699 --> 01:42:35.779 spot I can see that okay thank you commissioner Sanchez I'm 01:42:35.779 --> 01:42:36.340 not sure whose 01:42:36.340 --> 01:42:39.579 questions directed to 01:42:44.859 --> 01:42:50.550 we keep we keep addressing Pacific has a street but there's 01:42:50.550 --> 01:42:52.060 a standard I would I 01:42:52.060 --> 01:42:55.750 would think that the city has to define a street and when 01:42:55.750 --> 01:42:57.180 you look when you drive 01:42:57.180 --> 01:43:02.859 down that I call it an alleyway it's nothing but asphalt 01:43:02.859 --> 01:43:04.220 over dirt there's no 01:43:04.220 --> 01:43:09.909 standard it's falling apart so I mean it's hard for me to 01:43:09.909 --> 01:43:11.020 call it a straight 01:43:11.020 --> 01:43:14.109 it is a street it is public right away and that that would 01:43:14.109 --> 01:43:15.300 be the definition of 01:43:15.300 --> 01:43:18.380 a street is public right of way it's so old it was 01:43:18.380 --> 01:43:20.100 developed before we have our 01:43:20.100 --> 01:43:26.180 current street standards so it's not an improved street per 01:43:26.180 --> 01:43:28.500 se no no curb and 01:43:28.500 --> 01:43:31.930 gutter drainage storm drains or anything it's got big old p 01:43:31.930 --> 01:43:35.859 otholes however it is 01:43:35.859 --> 01:43:39.590 probably right away though that that has been around for 01:43:39.590 --> 01:43:41.220 quite a while because 01:43:41.220 --> 01:43:44.880 these these houses for example the house one of the houses 01:43:44.880 --> 01:43:46.140 that is part of this 01:43:46.140 --> 01:43:50.779 request it is over a hundred years old and that that it 01:43:50.779 --> 01:43:51.939 hasn't been maintained 01:43:51.939 --> 01:43:56.659 well and and so the streets been there at least that long 01:43:56.659 --> 01:43:59.539 okay 01:43:59.539 --> 01:44:03.710 Christopher Sullivan thank you for sure what is the the 01:44:03.710 --> 01:44:05.939 number of parking spaces per 01:44:05.939 --> 01:44:13.420 square foot in this for you know 01:44:29.539 --> 01:44:50.050 okay this site was developed under 2002 code and that 01:44:50.050 --> 01:44:54.619 requires one parking space 01:44:54.619 --> 01:45:00.939 for every 300 square feet of gross floor area for a bank 01:45:00.939 --> 01:45:02.939 office professional 01:45:02.939 --> 01:45:08.180 office personal use service type of use okay and now for 01:45:08.180 --> 01:45:10.140 the applicant what's 01:45:10.140 --> 01:45:18.420 the square footage of the bank currently 30,000 01:45:22.340 --> 01:45:29.539 the bank building is 30,898 square feet okay so that would 01:45:29.539 --> 01:45:30.140 give you a hundred 01:45:30.140 --> 01:45:36.579 hundred parking spaces correct one per 300 if it's 30,000 I 01:45:36.579 --> 01:45:37.539 think my math is 01:45:37.539 --> 01:45:43.329 right I don't know it's suspect it appears based on the 01:45:43.329 --> 01:45:45.420 preliminary drawing 01:45:45.420 --> 01:45:48.829 that we see here that you're going to have approximately 20 01:45:48.829 --> 01:45:50.460 ,000 square feet of 01:45:50.460 --> 01:45:56.649 additional building space is that right correct but I'm 01:45:56.649 --> 01:45:59.020 only counting 65 parking 01:45:59.020 --> 01:46:03.539 spaces in your drawing which I know that's not accurate but 01:46:03.539 --> 01:46:04.300 I'm only 01:46:04.300 --> 01:46:08.619 counting 69 parking spaces from Google anyway which may or 01:46:08.619 --> 01:46:09.979 may not be accurate 01:46:09.979 --> 01:46:16.899 and so I'm just wondering why is it all that necessary to 01:46:16.899 --> 01:46:18.060 build the buildings 01:46:18.060 --> 01:46:22.590 just to get parking spaces well in other words in other 01:46:22.590 --> 01:46:23.939 words why build another 01:46:23.939 --> 01:46:28.979 20,000 square feet of building to get you know to double 01:46:28.979 --> 01:46:30.380 the number of parking 01:46:30.380 --> 01:46:34.100 spaces if that's your end goal is to get the parking spaces 01:46:34.100 --> 01:46:35.659 well there's really 01:46:35.659 --> 01:46:39.649 two two things here one is we bought the property to 01:46:39.649 --> 01:46:40.859 develop it and build offices 01:46:40.859 --> 01:46:43.489 so that that's one thing so we would be building the 01:46:43.489 --> 01:46:44.859 buildings for their own 01:46:44.859 --> 01:46:48.239 commercial value I will tell you in the last two years if 01:46:48.239 --> 01:46:49.340 those had been built I 01:46:49.340 --> 01:46:52.399 could have had two buildings full I've had two people who 01:46:52.399 --> 01:46:53.300 wanted to be there 01:46:53.300 --> 01:46:57.390 five thousand square foot users the bank continues to grow 01:46:57.390 --> 01:46:59.859 the bank has taken one 01:46:59.859 --> 01:47:04.739 of the least spaces that we had already and they're growing 01:47:04.739 --> 01:47:06.659 the whole mix of 01:47:06.659 --> 01:47:10.329 mr. Sullivan is that when you look at those box in the 01:47:10.329 --> 01:47:12.140 yellow down there 01:47:12.140 --> 01:47:17.699 but you excuse me in the blue there's no way we can use 01:47:17.699 --> 01:47:20.460 that for any use at all 01:47:20.460 --> 01:47:25.600 today because we cannot park on that the detention pond is 01:47:25.600 --> 01:47:26.659 there electrical 01:47:26.659 --> 01:47:30.739 easements there so we have we've got to somehow reconfigure 01:47:30.739 --> 01:47:32.619 this whole track to 01:47:32.619 --> 01:47:35.029 be able to get the parking spaces that those individual 01:47:35.029 --> 01:47:35.979 losses will need and 01:47:35.979 --> 01:47:40.520 let part of them bleed down to the south to that little 01:47:40.520 --> 01:47:42.020 blue box so that we can 01:47:42.020 --> 01:47:46.239 have parking for the bank but you know the intention is not 01:47:46.239 --> 01:47:47.539 just to get parking 01:47:47.539 --> 01:47:51.039 spaces the intention is also to take advantage of the 01:47:51.039 --> 01:47:52.340 property that we bought 01:47:52.340 --> 01:47:55.050 to build offices because there is a demand for office space 01:47:55.050 --> 01:47:55.739 downtown debt 01:47:55.739 --> 01:48:00.260 today okay let me ask you this this forget all the parking 01:48:00.260 --> 01:48:01.260 spaces if this 01:48:01.260 --> 01:48:05.779 were to be developed you're going to be adding another 01:48:05.779 --> 01:48:07.020 equivalent size of the 01:48:07.020 --> 01:48:10.130 bank that's there now that you're saying you need more 01:48:10.130 --> 01:48:11.500 parking because of the 01:48:11.500 --> 01:48:15.819 activity and that's fine however when you're coming out of 01:48:15.819 --> 01:48:16.619 the bank you can 01:48:16.619 --> 01:48:23.020 either go east or west on Eagle or you can go north on 01:48:23.020 --> 01:48:26.779 Carroll and that's about 01:48:26.779 --> 01:48:32.460 it when you move to the north and you look at Maple and Myr 01:48:32.460 --> 01:48:34.340 tle those are going 01:48:34.340 --> 01:48:37.699 to be the streets are going to carry the load for the 01:48:37.699 --> 01:48:40.119 parking equivalent to what 01:48:40.119 --> 01:48:44.220 you have now going on to a street that's half the size of 01:48:44.220 --> 01:48:45.779 or a quarter of the 01:48:45.779 --> 01:48:51.810 size of Carroll and in worse condition than Eagle and so my 01:48:51.810 --> 01:48:54.340 concern is all 01:48:54.340 --> 01:48:58.939 those people that live around there on the north side of 01:48:58.939 --> 01:49:00.619 Maple you add the 01:49:00.619 --> 01:49:04.750 apartment complexes that are on Myrtle all of a sudden you 01:49:04.750 --> 01:49:05.779 're putting a whole 01:49:05.779 --> 01:49:10.300 lot of cars coming in and out because once you come onto 01:49:10.300 --> 01:49:11.180 Maple Street if you 01:49:11.180 --> 01:49:16.869 turn out from your property onto Maple Street turn left you 01:49:16.869 --> 01:49:18.659 can go right or 01:49:18.659 --> 01:49:21.510 left I mean I guess you know what you can go right north on 01:49:21.510 --> 01:49:23.659 Carroll and I 01:49:23.659 --> 01:49:27.020 suppose that's a street going through this you can turn 01:49:27.020 --> 01:49:28.899 left go south on the 01:49:28.899 --> 01:49:35.859 Carroll with no stop lights I just see a problem that 01:49:35.859 --> 01:49:36.340 people are going to 01:49:36.340 --> 01:49:39.699 have that live there now that all of a sudden a whole lot 01:49:39.699 --> 01:49:40.619 of cars will be 01:49:40.619 --> 01:49:43.239 dumping onto those streets that weren't designed to hold 01:49:43.239 --> 01:49:44.699 that many people. Well 01:49:44.699 --> 01:49:47.329 that's one reason we wanted to go ahead and move Pacific 01:49:47.329 --> 01:49:48.619 back and widen it so 01:49:48.619 --> 01:49:52.779 that people can come out and go on to Maple go east or west 01:49:52.779 --> 01:49:53.859 we also have 01:49:53.859 --> 01:50:00.380 access going out over onto Myrtle Street and I would 01:50:00.380 --> 01:50:01.579 anticipate that there would 01:50:01.579 --> 01:50:03.699 be quite a few cars because of the way those buildings will 01:50:03.699 --> 01:50:04.699 be oriented that 01:50:04.699 --> 01:50:08.100 will come on down back behind the bank and exit out onto 01:50:08.100 --> 01:50:09.180 Carroll on that 01:50:09.180 --> 01:50:11.789 existing wide approach that we have which is not at the 01:50:11.789 --> 01:50:13.420 intersection because 01:50:13.420 --> 01:50:18.579 I avoid going across Myrtle you can't get across that cut 01:50:18.579 --> 01:50:20.659 that's there so when 01:50:20.659 --> 01:50:24.260 I'm there I drift back down and I come out either in front 01:50:24.260 --> 01:50:24.859 of the building get 01:50:24.859 --> 01:50:29.399 to go east or west on Eagle I just come out and get on 01:50:29.399 --> 01:50:30.500 Carroll and go wherever 01:50:30.500 --> 01:50:35.699 I'm going to go so and then again these are pretty much low 01:50:35.699 --> 01:50:37.699 -impact offices the 01:50:37.699 --> 01:50:41.199 traffic that will be there would be 8 in the morning and 5 01:50:41.199 --> 01:50:42.260 in the afternoon and 01:50:42.260 --> 01:50:44.439 they're closed they're not like the apartments and some of 01:50:44.439 --> 01:50:45.020 the other uses 01:50:45.020 --> 01:50:49.189 which are 24/7 these would be professional offices so 01:50:49.189 --> 01:50:49.859 traffic could 01:50:49.859 --> 01:50:52.489 pretty much be limited to early in the morning and 5 o' 01:50:52.489 --> 01:50:53.699 clock in the afternoon 01:50:53.699 --> 01:50:59.479 so and again as it phases in over the next five years I 01:50:59.479 --> 01:51:00.979 would hope that it 01:51:00.979 --> 01:51:03.020 would just be a gradual enough impact that it doesn't 01:51:03.020 --> 01:51:04.380 really complicate what's 01:51:04.380 --> 01:51:07.640 going on up there and we would do everything under our 01:51:07.640 --> 01:51:08.779 control to make as 01:51:08.779 --> 01:51:13.329 many other access points out as we could you're going to 01:51:13.329 --> 01:51:14.380 have traffic with 01:51:14.380 --> 01:51:17.439 whatever you do but I think that's that would be our plan 01:51:17.439 --> 01:51:18.859 was to be provided as 01:51:18.859 --> 01:51:21.960 many routes out wide and specific to a better route move it 01:51:21.960 --> 01:51:22.699 away from the 01:51:22.699 --> 01:51:25.970 intersection of Maple and Carroll to get a little more 01:51:25.970 --> 01:51:28.819 stacking there and to 01:51:28.819 --> 01:51:33.359 again keep these buildings below 5,000 square feet or at 5, 01:51:33.359 --> 01:51:35.260 000 feet so that you 01:51:35.260 --> 01:51:37.939 know you would have a minimum number of employees in there 01:51:37.939 --> 01:51:38.739 I've got some other 01:51:38.739 --> 01:51:41.890 5,000 square foot buildings you may have got six or eight 01:51:41.890 --> 01:51:42.979 employees depending on 01:51:42.979 --> 01:51:47.909 what's in there thank you I do not see any other questions 01:51:47.909 --> 01:51:49.420 thank you thank you 01:51:49.420 --> 01:51:54.699 I do have some cards of individuals wishing to speak yes 01:51:54.699 --> 01:51:58.460 Cindy I've been 01:51:58.460 --> 01:52:01.920 reading the ADP while you've been talking and I think what 01:52:01.920 --> 01:52:02.739 they're talking 01:52:02.739 --> 01:52:07.260 about is at the last paragraph of the ADP states the 01:52:07.260 --> 01:52:08.180 approval of this 01:52:08.180 --> 01:52:11.239 alternative development plan will require the applicant to 01:52:11.239 --> 01:52:11.899 mean the same 01:52:11.899 --> 01:52:15.140 number of approved parking spaces or fewer the same 01:52:15.140 --> 01:52:16.979 landscape percentages and 01:52:16.979 --> 01:52:22.140 the same canopy coverage so modifications to the approved 01:52:22.140 --> 01:52:22.699 plans may 01:52:22.699 --> 01:52:25.909 be made provided the landscape values do not decrease and 01:52:25.909 --> 01:52:27.140 the number of parking 01:52:27.140 --> 01:52:33.930 spaces and lot coverage do not increase so I think it 01:52:33.930 --> 01:52:35.779 sounds like they're 01:52:35.779 --> 01:52:40.310 because these sites were not part of this ADP that gives 01:52:40.310 --> 01:52:41.579 them the opportunity 01:52:41.579 --> 01:52:44.859 to increase landscape the lot coverage without actually 01:52:44.859 --> 01:52:45.979 affecting the lot 01:52:45.979 --> 01:52:49.739 that's included in the ADP that may be what they're talking 01:52:49.739 --> 01:52:51.300 about it certainly 01:52:51.300 --> 01:52:55.979 sounds like it thank you Cindy for that I do have a couple 01:52:55.979 --> 01:52:56.619 individuals who wish 01:52:56.619 --> 01:53:01.149 to speak the first one is Andy you Haas looks like he's 01:53:01.149 --> 01:53:02.220 speaking in opposition 01:53:02.220 --> 01:53:05.579 if you just save your name and your address for the record 01:53:05.579 --> 01:53:06.739 and you'll have 01:53:06.739 --> 01:53:11.260 four minutes to speak sure thank you for your time my name 01:53:11.260 --> 01:53:12.939 is Andy you house one 01:53:12.939 --> 01:53:17.819 zero one nine eight fireside lane 40 just wanted to clarify 01:53:17.819 --> 01:53:19.100 one thing before 01:53:19.100 --> 01:53:22.750 I start I did not buy this property as an investment I 01:53:22.750 --> 01:53:24.500 bought this property 01:53:24.500 --> 01:53:29.020 when my son was accepted to North Texas he lived there 01:53:29.020 --> 01:53:30.659 while he was in university 01:53:30.659 --> 01:53:35.199 and now my daughter has applied so this is not just an 01:53:35.199 --> 01:53:37.140 investment property that 01:53:37.140 --> 01:53:41.659 we're holding on to you can see that the house I'm sure you 01:53:41.659 --> 01:53:42.260 've been by it 01:53:42.260 --> 01:53:46.779 before I purchased it it was in very bad shape I put a lot 01:53:46.779 --> 01:53:47.899 of money into that 01:53:47.899 --> 01:53:53.020 house my neighbors unfortunately didn't do the same thing 01:53:53.020 --> 01:53:54.260 they affect my 01:53:54.260 --> 01:53:59.470 property value the quality of their tenants also affect my 01:53:59.470 --> 01:54:01.020 tenants and that 01:54:01.020 --> 01:54:07.039 seems to be an ongoing issue my biggest concerns with this 01:54:07.039 --> 01:54:10.220 is privacy we put 01:54:10.220 --> 01:54:13.470 this building right right adjacent to our property it abuts 01:54:13.470 --> 01:54:15.739 it on two sides I 01:54:15.739 --> 01:54:19.500 understand people for the most part will be during daylight 01:54:19.500 --> 01:54:20.659 hours eight to five 01:54:20.659 --> 01:54:26.739 that's not an issue but people looking in the backyards you 01:54:26.739 --> 01:54:27.619 know affecting my 01:54:27.619 --> 01:54:32.180 tenants there and my daughter who's going to be there soon 01:54:32.180 --> 01:54:36.659 I thank the 01:54:36.659 --> 01:54:41.500 developer for agreeing to the 30-foot one-story limitation 01:54:41.500 --> 01:54:43.739 that does give me 01:54:43.739 --> 01:54:49.479 some some confidence and the buffer zone that we talked 01:54:49.479 --> 01:54:51.260 about that's in the 01:54:51.260 --> 01:54:56.840 standard if they do move that road Pacific to adjacent to 01:54:56.840 --> 01:54:57.859 our property line 01:54:57.859 --> 01:55:01.250 what would that buffer look like you know would that be 01:55:01.250 --> 01:55:02.539 sufficient to help 01:55:02.539 --> 01:55:11.880 control the noise in the privacy of my tenants a lot of a 01:55:11.880 --> 01:55:15.380 lot of my anxiety has 01:55:15.380 --> 01:55:21.750 to do with my lack of confidence with the present owner you 01:55:21.750 --> 01:55:22.899 can see he did not 01:55:22.899 --> 01:55:26.479 maintain his property the tenants that he had in there were 01:55:26.479 --> 01:55:27.539 not good tenants 01:55:27.539 --> 01:55:34.439 there were not upstanding individuals of our society from 01:55:34.439 --> 01:55:37.300 what went on stories my 01:55:37.300 --> 01:55:40.689 son told me while he was living there people coming and 01:55:40.689 --> 01:55:41.979 going all hours of the 01:55:41.979 --> 01:55:46.500 night coming out to our property I don't need that with my 01:55:46.500 --> 01:55:54.420 daughter there I think 01:55:54.420 --> 01:55:57.239 that's I think that's about it just to summarize its 01:55:57.239 --> 01:55:58.819 privacy talk with them I 01:55:58.819 --> 01:56:02.579 understand you need to help the property I fully understand 01:56:02.579 --> 01:56:03.739 that and I think it 01:56:03.739 --> 01:56:08.520 would be better looking than what's there now but the 01:56:08.520 --> 01:56:09.979 privacy then it's 01:56:09.979 --> 01:56:14.619 ongoing construction Mr. Strange was talking about several 01:56:14.619 --> 01:56:15.260 years of 01:56:15.260 --> 01:56:24.260 construction that's a bit it's a big impact we can make 01:56:24.260 --> 01:56:25.500 some you make some 01:56:25.500 --> 01:56:29.250 requirements upon them I wouldn't see an issue with it but 01:56:29.250 --> 01:56:32.220 again I don't have a 01:56:32.220 --> 01:56:37.340 whole lot of confidence in the individual making that 01:56:37.340 --> 01:56:38.140 agreement 01:56:38.140 --> 01:56:41.710 we do have a couple questions customer back thank you vice- 01:56:41.710 --> 01:56:42.699 chair thank you mr. 01:56:42.699 --> 01:56:44.979 you all for coming out tonight speaking on this just to 01:56:44.979 --> 01:56:45.979 answer your question 01:56:45.979 --> 01:56:49.100 and Cindy or anybody in the city and correct me if I wrong 01:56:49.100 --> 01:56:49.979 when they move 01:56:49.979 --> 01:56:54.500 Pacific over next to your house that's it there's no buffer 01:56:54.500 --> 01:56:55.460 that's that's the 01:56:55.460 --> 01:56:59.239 street your house will be there there I don't think there'd 01:56:59.239 --> 01:57:00.380 be any trees or 01:57:00.380 --> 01:57:05.270 type is there any curb or sidewalk or anything it's that'd 01:57:05.270 --> 01:57:06.100 be a good question 01:57:06.100 --> 01:57:09.149 I know as we go forward we're trying to put sidewalks in as 01:57:09.149 --> 01:57:10.100 we put new streets 01:57:10.100 --> 01:57:13.220 in but I'm not sure that's gonna apply here with this as an 01:57:13.220 --> 01:57:14.340 ADP so I couldn't 01:57:14.340 --> 01:57:17.060 answer that for you tonight what I'm hearing from you 01:57:17.060 --> 01:57:18.140 though and correct me 01:57:18.140 --> 01:57:21.199 if I'm wrong you're satisfied with some of the things that 01:57:21.199 --> 01:57:21.899 the developers doing 01:57:21.899 --> 01:57:25.630 but overall you're opposed to this development is that 01:57:25.630 --> 01:57:26.340 correct that's 01:57:26.340 --> 01:57:29.810 correct okay all right thank you sir and I do have a 01:57:29.810 --> 01:57:33.100 question but however I just 01:57:33.100 --> 01:57:35.840 wanted to add Commissioner Beck noted if it was a redevelop 01:57:35.840 --> 01:57:36.659 ment of a street 01:57:36.659 --> 01:57:39.739 there would be the current requirements that could have 01:57:39.739 --> 01:57:41.060 buffer trees or sidewalks 01:57:41.060 --> 01:57:46.060 on a new street that's I'm sorry say it again then the new 01:57:46.060 --> 01:57:51.529 entrance would not be a public street okay so it would just 01:57:51.529 --> 01:57:52.340 be that like a 01:57:52.340 --> 01:57:56.659 drive that's it there's nothing there's no landscape buffer 01:57:56.659 --> 01:57:57.500 Cindy can clarify 01:57:57.500 --> 01:58:01.640 okay right what we're moving here it won't be a street it 01:58:01.640 --> 01:58:02.460 will be a driveway 01:58:02.460 --> 01:58:07.350 okay and they will be required to put a type C buffer along 01:58:07.350 --> 01:58:08.939 that driveway next 01:58:08.939 --> 01:58:12.699 to this gentleman's property okay so it would have a type C 01:58:12.699 --> 01:58:13.939 which is 15 foot 01:58:13.939 --> 01:58:19.180 with trees and bushes that's right okay great thank you 01:58:19.180 --> 01:58:20.220 Cindy so I stand 01:58:20.220 --> 01:58:25.140 corrected mr. you guys let's go just a point of clarity and 01:58:25.140 --> 01:58:25.979 again this is this 01:58:25.979 --> 01:58:30.720 is a proposal in a suggestion of abandoning a public right 01:58:30.720 --> 01:58:31.539 of way so 01:58:31.539 --> 01:58:35.420 certainly that's not done and that's just an option in this 01:58:35.420 --> 01:58:36.460 that that someone's 01:58:36.460 --> 01:58:40.979 considering yes thank you for correcting that today I just 01:58:40.979 --> 01:58:41.739 had one question for 01:58:41.739 --> 01:58:45.140 you and actually another one popped up you mentioned that 01:58:45.140 --> 01:58:46.060 there are some 01:58:46.060 --> 01:58:48.220 benefits you see to the construction but I think you say 01:58:48.220 --> 01:58:49.180 that you just wanted to 01:58:49.180 --> 01:58:53.979 see the imposition or impose some requirements what 01:58:53.979 --> 01:58:54.939 requirements do you 01:58:54.939 --> 01:58:58.229 feel would be helpful that they haven't conceded to that 01:58:58.229 --> 01:58:59.460 would would make you 01:58:59.460 --> 01:59:06.630 feel more comfortable at the development I guess along that 01:59:06.630 --> 01:59:08.939 along the decides 01:59:08.939 --> 01:59:13.770 that it's about his property a privacy fence if they were 01:59:13.770 --> 01:59:14.500 to put that up 01:59:14.500 --> 01:59:17.560 especially during all this construction and it sounds like 01:59:17.560 --> 01:59:18.619 years of construction 01:59:18.619 --> 01:59:24.310 that would be an issue personally I would like to see that 01:59:24.310 --> 01:59:26.100 road moved Pacific 01:59:26.100 --> 01:59:29.789 moved to adjacent to my property so that I can put a 01:59:29.789 --> 01:59:31.579 driveway in to get into the 01:59:31.579 --> 01:59:37.380 back of my property that is helpful for me thank you there 01:59:37.380 --> 01:59:37.779 's one more question 01:59:37.779 --> 01:59:41.510 because there's a question here I think the years of 01:59:41.510 --> 01:59:42.579 construction I think I 01:59:42.579 --> 01:59:45.939 think might be confusion here years I think they're talking 01:59:45.939 --> 01:59:46.939 about the years of 01:59:46.939 --> 01:59:49.149 the other process in the process with they have to go 01:59:49.149 --> 01:59:50.100 through with the ADP 01:59:50.100 --> 01:59:52.979 change as well as the final plotting I don't think only the 01:59:52.979 --> 01:59:53.979 construction will 01:59:53.979 --> 01:59:57.680 take years I think it will take time so I don't think I'm 01:59:57.680 --> 01:59:57.899 like years and the 01:59:57.899 --> 01:59:59.630 applicant could definitely speak to that my understanding 01:59:59.630 --> 02:00:00.420 from mr. strange is 02:00:00.420 --> 02:00:03.300 they're gonna build one building and see how it slowly goes 02:00:03.300 --> 02:00:04.180 then build another 02:00:04.180 --> 02:00:07.899 one sure that's that's just common sense would you rather 02:00:07.899 --> 02:00:09.220 have the current 02:00:09.220 --> 02:00:13.420 existing dilapidated house and yard in tenants next to you 02:00:13.420 --> 02:00:14.500 or would you rather 02:00:14.500 --> 02:00:18.189 have a commercial property with commercial tenants that 02:00:18.189 --> 02:00:18.939 come and go 02:00:18.939 --> 02:00:24.220 between the hours eight and five I would like to see Denton 02:00:24.220 --> 02:00:25.659 require these people 02:00:25.659 --> 02:00:28.729 to maintain their property the way it should be maintained 02:00:28.729 --> 02:00:29.859 for a hundred year 02:00:29.859 --> 02:00:33.329 old house to allow that to look like that and have that 02:00:33.329 --> 02:00:34.739 those type of not the 02:00:34.739 --> 02:00:39.939 present tenants but the ones that he had before that that's 02:00:39.939 --> 02:00:42.180 true so a perfect 02:00:42.180 --> 02:00:44.619 world you'd like to see the residential tenants there now 02:00:44.619 --> 02:00:45.739 but there was stricter 02:00:45.739 --> 02:00:49.119 code enforcement to make those tenants yes leader and 02:00:49.119 --> 02:00:51.100 concise I've had some 02:00:51.100 --> 02:00:54.170 discussions with code enforcement how'd that go I don't 02:00:54.170 --> 02:00:55.340 know very well I was not 02:00:55.340 --> 02:00:58.539 impressed so with that in mind if you don't think code 02:00:58.539 --> 02:00:59.380 enforcement's gonna do 02:00:59.380 --> 02:01:03.529 anything what would you rather have I would like to see the 02:01:03.529 --> 02:01:04.140 folks who are paid 02:01:04.140 --> 02:01:08.380 to do their job do it okay it's fair enough I agree with 02:01:08.380 --> 02:01:09.220 you I think folks 02:01:09.220 --> 02:01:12.329 are paid the job should do their job but I think I just 02:01:12.329 --> 02:01:13.180 want I want to 02:01:13.180 --> 02:01:15.789 understand the reality of the situation we're in now so 02:01:15.789 --> 02:01:16.819 thank you mr. Uos I 02:01:16.819 --> 02:01:19.430 appreciate you welcome thank you thank you there's no other 02:01:19.430 --> 02:01:21.380 questions no 02:01:21.380 --> 02:01:37.979 other questions the next speaker is Wendy is it Rausch we 02:01:37.979 --> 02:01:39.180 can we can I bump 02:01:39.180 --> 02:01:50.390 you to the end we'll continue then Chris is not next just 02:01:50.390 --> 02:01:51.020 one second we have 02:01:51.020 --> 02:01:56.180 actually Kim McGibbon if you want to speak you to state 02:01:56.180 --> 02:01:57.340 your name and your 02:01:57.340 --> 02:02:03.029 address my name is Kim McKibbin it's 1306 West Hickory 02:02:03.029 --> 02:02:05.140 Street I have several 02:02:05.140 --> 02:02:08.520 concerns about this I was concerned about it when it first 02:02:08.520 --> 02:02:09.300 came up and I 02:02:09.300 --> 02:02:11.989 first saw it come across the thing I was concerned when the 02:02:11.989 --> 02:02:13.020 signs weren't placed 02:02:13.020 --> 02:02:17.569 properly I think that what you've got here is two separate 02:02:17.569 --> 02:02:18.859 requests and for 02:02:18.859 --> 02:02:23.930 expediency and whatever else reason they were they were 02:02:23.930 --> 02:02:26.020 combined together I 02:02:26.020 --> 02:02:33.050 disagree with miss Vessets analysis of the area in that 02:02:33.050 --> 02:02:35.220 everything's already 02:02:35.220 --> 02:02:38.000 there and it's all going to go commercial I know that they 02:02:38.000 --> 02:02:38.579 would like 02:02:38.579 --> 02:02:41.640 for it to go to commercial but it's going to be really 02:02:41.640 --> 02:02:42.779 difficult to change 02:02:42.779 --> 02:02:46.380 the graveyard park to a commercial investment on that 02:02:46.380 --> 02:02:47.779 corner I do 02:02:47.779 --> 02:02:51.229 appreciate the work that they've done there although I did 02:02:51.229 --> 02:02:52.180 enjoy the houses 02:02:52.180 --> 02:02:57.420 with the goats in it 34 years ago you know the bank looks 02:02:57.420 --> 02:02:58.420 nice I agree with 02:02:58.420 --> 02:03:02.500 that I am extremely concerned about giving up Pacific 02:03:02.500 --> 02:03:04.140 Street any public 02:03:04.140 --> 02:03:06.930 right-of-way at this particular point in time the 02:03:06.930 --> 02:03:08.859 development of the city where 02:03:08.859 --> 02:03:13.390 we are seeking out every square inch that we can get for 02:03:13.390 --> 02:03:14.659 bicycle lanes and 02:03:14.659 --> 02:03:18.050 sidewalks and those sorts of things to give up public right 02:03:18.050 --> 02:03:19.500 -of-way anywhere in 02:03:19.500 --> 02:03:22.939 the city concerns me I think that we're looking at multiple 02:03:22.939 --> 02:03:24.140 things in small area 02:03:24.140 --> 02:03:29.529 plans that the citizens want I do appreciate that they were 02:03:29.529 --> 02:03:30.539 able to buy 02:03:30.539 --> 02:03:34.210 this property with a sense of investment I am appalled that 02:03:34.210 --> 02:03:35.180 they allowed the 02:03:35.180 --> 02:03:39.729 property to deteriorate as landowners and the property 02:03:39.729 --> 02:03:41.859 owners and it does you 02:03:41.859 --> 02:03:46.380 know bring into question why would you just let it sit 02:03:46.380 --> 02:03:47.659 there and rot why would 02:03:47.659 --> 02:03:51.390 you allow that to happen in this neighborhood into these 02:03:51.390 --> 02:03:52.420 people to these 02:03:52.420 --> 02:03:57.979 neighborhoods I think that you guys have got a really 02:03:57.979 --> 02:03:59.939 really tough choice on your 02:03:59.939 --> 02:04:03.420 hands I understand that you've been tied up before I think 02:04:03.420 --> 02:04:04.380 that there's a lot of 02:04:04.380 --> 02:04:07.529 work and a lot more explanation that needs to happen on 02:04:07.529 --> 02:04:08.739 this request that it 02:04:08.739 --> 02:04:12.739 could be simplified it could be clarified you have parts of 02:04:12.739 --> 02:04:13.659 it now where 02:04:13.659 --> 02:04:17.029 if you want to move Pacific Street and surrender that I 02:04:17.029 --> 02:04:18.220 think that you're 02:04:18.220 --> 02:04:21.279 getting more and more into a big fat mess the more you wade 02:04:21.279 --> 02:04:24.140 through it so you 02:04:24.140 --> 02:04:28.670 know as a citizen who's involved in the future of Denton 02:04:28.670 --> 02:04:31.699 and knowing what I don't 02:04:31.699 --> 02:04:36.260 know exactly what is going to happen but this could be 02:04:36.260 --> 02:04:37.779 could be handled 02:04:37.779 --> 02:04:42.430 differently and more appropriately at this point in time so 02:04:42.430 --> 02:04:43.619 I don't know if 02:04:43.619 --> 02:04:47.350 that's for or against I would say in my if you want to ask 02:04:47.350 --> 02:04:48.859 me right now am I 02:04:48.859 --> 02:04:51.699 speaking for or against this particular thing as it stands 02:04:51.699 --> 02:04:52.500 I would say I'm 02:04:52.500 --> 02:04:56.170 standing against it okay that wasn't my question because I 02:04:56.170 --> 02:04:57.460 was wondering what you 02:04:57.460 --> 02:04:59.649 wrote in your cards that depends I just didn't know what 02:04:59.649 --> 02:05:00.819 that's right we're going 02:05:00.819 --> 02:05:04.069 and if in the planning and zoning meetings sometimes I don 02:05:04.069 --> 02:05:04.899 't know if I'm 02:05:04.899 --> 02:05:07.510 for or against until I hear the other people that that 02:05:07.510 --> 02:05:08.739 contributing to it sure 02:05:08.739 --> 02:05:12.380 so at this point Tom you can register my vote is against I 02:05:12.380 --> 02:05:13.619 appreciate that thank 02:05:13.619 --> 02:05:19.060 you I do not see any questions next will be Christopher and 02:05:19.060 --> 02:05:20.039 I apologize in 02:05:20.039 --> 02:05:25.140 advance club Bundy if you just state your name and address 02:05:25.140 --> 02:05:26.100 for the record yes sir 02:05:26.100 --> 02:05:30.060 my name is Christopher club Bundy my address is 418 maple 02:05:30.060 --> 02:05:31.420 Street I live there 02:05:31.420 --> 02:05:35.989 with my wife and my two twin eight month old girls and so I 02:05:35.989 --> 02:05:37.539 have a more of like a 02:05:37.539 --> 02:05:45.890 qualitative subjective input to give I've been a renter in 02:05:45.890 --> 02:05:46.939 Denton for nine 02:05:46.939 --> 02:05:51.460 years I've lived in several places that I would consider 02:05:51.460 --> 02:05:53.739 affordable one was on 02:05:53.739 --> 02:05:58.489 the corner of Hattie Street and McKinney that house has 02:05:58.489 --> 02:06:00.460 been demolished I was 02:06:00.460 --> 02:06:04.189 paying 775 a month two bedroom one bath that place has been 02:06:04.189 --> 02:06:04.899 demolished and 02:06:04.899 --> 02:06:10.590 actually office complexes were just built there I lived 02:06:10.590 --> 02:06:11.979 over off of Robertson 02:06:11.979 --> 02:06:15.880 Street across the street from Fred Moore High School for 02:06:15.880 --> 02:06:18.619 about two years and then 02:06:18.619 --> 02:06:21.260 after my wife and I got married we were lucky enough to 02:06:21.260 --> 02:06:22.500 find this spot on maple 02:06:22.500 --> 02:06:27.029 that we really like because we're able to have access to 02:06:27.029 --> 02:06:28.260 surrounding food and 02:06:28.260 --> 02:06:31.930 entertainment we take our babies in the stroller down Maple 02:06:31.930 --> 02:06:33.539 Street at the at the 02:06:33.539 --> 02:06:36.600 moment there's no sidewalks but the traffic is is 02:06:36.600 --> 02:06:38.460 relatively light enough to 02:06:38.460 --> 02:06:41.890 where that's not an issue we cruise down Maple Street and 02:06:41.890 --> 02:06:43.500 take a left on 02:06:43.500 --> 02:06:49.529 Pierce and we'll cruise down Highland the properties in 02:06:49.529 --> 02:06:52.100 question are beautiful 02:06:52.100 --> 02:06:57.289 and have tons of residential potential the property just 02:06:57.289 --> 02:06:59.100 across the street from 02:06:59.100 --> 02:07:02.829 us that I look into from our our front window our living 02:07:02.829 --> 02:07:04.180 room window has a 02:07:04.180 --> 02:07:08.710 giant pine tree and the whole the whole lot is just 02:07:08.710 --> 02:07:10.619 absolutely majestic and I 02:07:10.619 --> 02:07:13.510 can see a lot of potential there if the property were to 02:07:13.510 --> 02:07:16.500 change ownership I am 02:07:16.500 --> 02:07:19.109 speaking on behalf out of concern for neighboring 02:07:19.109 --> 02:07:20.500 homeowners and tenants who 02:07:20.500 --> 02:07:25.409 might experience an increase in rent due to a property tax 02:07:25.409 --> 02:07:26.819 increase which 02:07:26.819 --> 02:07:31.619 inevitably gets passed down to tenants like me and I also 02:07:31.619 --> 02:07:33.579 just express concern 02:07:33.579 --> 02:07:38.829 like I say about enjoyable and appropriate use of space I 02:07:38.829 --> 02:07:39.699 think that 02:07:39.699 --> 02:07:43.449 residential makes a lot of sense to me as of someone who's 02:07:43.449 --> 02:07:44.579 young father 02:07:44.579 --> 02:07:49.100 experiencing it firsthand and who who is really blessed to 02:07:49.100 --> 02:07:50.739 be able to afford that 02:07:50.739 --> 02:07:54.460 space so that's how I have to contribute thank you thank 02:07:54.460 --> 02:07:55.619 you I do not see any 02:07:55.619 --> 02:08:05.100 questions appreciate you speaking next will be Wendy Roush 02:08:05.100 --> 02:08:08.180 if you could just 02:08:08.180 --> 02:08:11.239 speak your full name and address them great my name is 02:08:11.239 --> 02:08:12.500 Wendy Roush I live at 02:08:12.500 --> 02:08:18.539 416 Maple Street sorry I'm short I did attend the meeting 02:08:18.539 --> 02:08:20.060 feel like some of the 02:08:20.060 --> 02:08:23.810 information they gave me was stretched but I'm limited in 02:08:23.810 --> 02:08:25.140 time so I'm gonna 02:08:25.140 --> 02:08:28.229 move through this I went door to door nobody knew the 02:08:28.229 --> 02:08:29.859 meeting was going on or 02:08:29.859 --> 02:08:32.539 said they saw the mailer they probably just threw it out or 02:08:32.539 --> 02:08:33.199 something so no 02:08:33.199 --> 02:08:36.260 one there was no neighborhood awareness of this meeting's 02:08:36.260 --> 02:08:37.279 going on at all I 02:08:37.279 --> 02:08:40.369 only had one day to do it from when the meeting was but I 02:08:40.369 --> 02:08:41.979 talked about 30 people 02:08:41.979 --> 02:08:46.560 small businesses and residents half of them really didn't 02:08:46.560 --> 02:08:47.859 have an opinion 02:08:47.859 --> 02:08:50.050 because they said they didn't have enough information at 02:08:50.050 --> 02:08:50.979 that time the 02:08:50.979 --> 02:08:53.310 other ten people I spoke with filled out the survey they 02:08:53.310 --> 02:08:54.220 were a hundred percent 02:08:54.220 --> 02:09:00.770 against it so I also found out some things that were pretty 02:09:00.770 --> 02:09:01.260 upsetting about 02:09:01.260 --> 02:09:04.989 the neighborhood I'm just gonna skip to the end so I make 02:09:04.989 --> 02:09:05.819 sure I can say this 02:09:05.819 --> 02:09:08.880 and then go back over some of my other points to her 02:09:08.880 --> 02:09:10.060 question why didn't they 02:09:10.060 --> 02:09:12.359 maintain the property as I was going around the 02:09:12.359 --> 02:09:13.840 neighborhood the number one 02:09:13.840 --> 02:09:17.199 complaint from the developer is as our neighborhood has 02:09:17.199 --> 02:09:18.380 these torn up you know 02:09:18.380 --> 02:09:21.439 these disrepair houses and it's full of convicted felons 02:09:21.439 --> 02:09:23.739 but as I went to her 02:09:23.739 --> 02:09:28.000 door I found all these felons and all the bad houses and 02:09:28.000 --> 02:09:29.180 disrepair were owned 02:09:29.180 --> 02:09:34.319 by one person John Kelso them they bought up these 02:09:34.319 --> 02:09:35.500 residential properties 02:09:35.500 --> 02:09:40.029 with intention to change the zone to put it DCG they packed 02:09:40.029 --> 02:09:41.140 our neighborhood full 02:09:41.140 --> 02:09:44.689 of felons and now they're going around telling us that our 02:09:44.689 --> 02:09:45.340 neighborhood is 02:09:45.340 --> 02:09:48.399 shitty and full of felons and we need them to save us by 02:09:48.399 --> 02:09:49.359 tearing down the 02:09:49.359 --> 02:09:53.050 houses that they caused the problem in so that was a little 02:09:53.050 --> 02:09:54.819 upsetting that 02:09:54.819 --> 02:09:57.880 there all these bad houses they're bringing up are their 02:09:57.880 --> 02:09:58.939 own all these 02:09:58.939 --> 02:10:02.989 felons are the people they ran into and now they're like we 02:10:02.989 --> 02:10:03.460 got to get these 02:10:03.460 --> 02:10:07.149 people out so I feel like that was manipulative but the 02:10:07.149 --> 02:10:08.939 other thing is 02:10:08.939 --> 02:10:12.000 there are people who've lived in those houses I spoke with 02:10:12.000 --> 02:10:12.899 an old woman her 02:10:12.899 --> 02:10:18.420 father built the house in 1945 and as far as the business 02:10:18.420 --> 02:10:19.619 owners around there 02:10:19.619 --> 02:10:24.689 go they're saying it's a tone deaf development it doesn't 02:10:24.689 --> 02:10:25.460 really go this 02:10:25.460 --> 02:10:28.680 if there's gonna be three colleges there and then it's part 02:10:28.680 --> 02:10:29.619 of the square which 02:10:29.619 --> 02:10:32.300 is entertainment and dining these office buildings aren't 02:10:32.300 --> 02:10:33.439 going to offer any of 02:10:33.439 --> 02:10:38.289 that to any of those people around there so it's kind of 02:10:38.289 --> 02:10:39.380 just slightly 02:10:39.380 --> 02:10:46.800 miscategorized and so they were all against it on that 02:10:46.800 --> 02:10:49.340 trying to see them 02:10:49.340 --> 02:10:53.880 but just really I feel that it is that I also realized that 02:10:53.880 --> 02:10:55.220 a down Maple Street 02:10:55.220 --> 02:10:58.340 up Myrtle and up Pierce on the other side most of those 02:10:58.340 --> 02:10:59.380 houses have bought 02:10:59.380 --> 02:11:02.439 been bought in large chunk by other developers that are 02:11:02.439 --> 02:11:03.300 renting them as 02:11:03.300 --> 02:11:06.939 residential now and once we flip this zone they're gonna 02:11:06.939 --> 02:11:08.020 apply for their 02:11:08.020 --> 02:11:11.079 change and it's gonna keep going so this will be an encro 02:11:11.079 --> 02:11:11.819 achment on some 02:11:11.819 --> 02:11:14.880 of these houses and that there are already people in play 02:11:14.880 --> 02:11:17.220 buying up large 02:11:17.220 --> 02:11:20.890 chunks so that they can apply after they get their zone 02:11:20.890 --> 02:11:22.619 change so I feel like 02:11:22.619 --> 02:11:25.260 that's a special part of the town a lot of the business 02:11:25.260 --> 02:11:26.500 owners would like to see 02:11:26.500 --> 02:11:30.220 people come back who went to UNT maintain those houses well 02:11:30.220 --> 02:11:31.020 open up 02:11:31.020 --> 02:11:34.630 businesses that serve the public who live here because when 02:11:34.630 --> 02:11:35.739 people who live 02:11:35.739 --> 02:11:39.840 in the area actually live there and own the property and 02:11:39.840 --> 02:11:41.060 work in the businesses 02:11:41.060 --> 02:11:44.720 there's more concern for the town as a whole as when people 02:11:44.720 --> 02:11:45.539 in Houston or 02:11:45.539 --> 02:11:49.569 outside people just buy it up for profit only and I'm sad 02:11:49.569 --> 02:11:50.859 to say I feel like 02:11:50.859 --> 02:11:53.479 that's the way Denton's going right now all the land has 02:11:53.479 --> 02:11:54.579 been hoarding and bought 02:11:54.579 --> 02:11:59.859 by investors and so I have said if they move the thing I 02:11:59.859 --> 02:12:01.380 would be for it but 02:12:01.380 --> 02:12:03.329 once I found out that they are the ones that packed the 02:12:03.329 --> 02:12:04.539 neighborhood with felons 02:12:04.539 --> 02:12:07.600 and let their houses fall to disrepair and then blamed it 02:12:07.600 --> 02:12:08.699 on us I'm not for it 02:12:08.699 --> 02:12:12.060 because I feel like that's a little underhanded but and 02:12:12.060 --> 02:12:13.619 also everyone else's 02:12:13.619 --> 02:12:18.149 points about traffic and everything is valid my time is up 02:12:18.149 --> 02:12:19.460 thank you very much 02:12:19.460 --> 02:12:24.069 I do not have any other cards but we do want to provide an 02:12:24.069 --> 02:12:25.619 opportunity to anyone 02:12:25.619 --> 02:12:30.489 who wants to speak and certainly do so with that we can 02:12:30.489 --> 02:12:32.220 just continue on to any 02:12:32.220 --> 02:12:37.039 sort of discussion amongst the commissioners and or a 02:12:37.039 --> 02:12:38.739 motion Commissioner 02:12:38.739 --> 02:12:43.869 Smith I think mrs. Rauch's points are valid and I really 02:12:43.869 --> 02:12:44.579 appreciate you coming 02:12:44.579 --> 02:12:47.189 out and doing that and more above all else I appreciate you 02:12:47.189 --> 02:12:48.380 going door-to-door 02:12:48.380 --> 02:12:52.340 especially especially especially if from the last time you 02:12:52.340 --> 02:12:53.979 spoke you were afraid 02:12:53.979 --> 02:12:57.039 of people who in your neighborhood for you to be brave 02:12:57.039 --> 02:12:58.420 enough to go around and 02:12:58.420 --> 02:13:03.659 do that with the with the sure hey I'm just I'm just comm 02:13:03.659 --> 02:13:04.579 ending commending you 02:13:04.579 --> 02:13:11.750 on your actions sure I appreciate I appreciate your 02:13:11.750 --> 02:13:14.020 comments in it I'm gonna 02:13:14.020 --> 02:13:16.319 make a motion for approval so we can try to get a vote on 02:13:16.319 --> 02:13:17.180 this and here's my 02:13:17.180 --> 02:13:20.380 reason why is not necessarily of an approval of the project 02:13:20.380 --> 02:13:20.859 I think there's 02:13:20.859 --> 02:13:23.470 been a lot of points made by the public that make this 02:13:23.470 --> 02:13:24.579 really tough to try to 02:13:24.579 --> 02:13:29.739 truly approve for in a true legal proceeding in a hung jury 02:13:29.739 --> 02:13:31.180 situation when 02:13:31.180 --> 02:13:34.640 there is in a court a criminal case there are six people 02:13:34.640 --> 02:13:35.779 who are seeing as 02:13:35.779 --> 02:13:38.420 guilty and six are seeing not as guilty a hung jury it's 02:13:38.420 --> 02:13:39.739 declared as a mistrial 02:13:39.739 --> 02:13:42.960 and Jerry don't kill me for trying to butchering any legal 02:13:42.960 --> 02:13:44.659 comments here but 02:13:44.659 --> 02:13:47.779 in a hung jury there's a mistrial is declared so that a new 02:13:47.779 --> 02:13:48.460 jury can be 02:13:48.460 --> 02:13:51.819 created to then come in and review the trial at that point 02:13:51.819 --> 02:13:53.500 in time we as we've 02:13:53.500 --> 02:13:57.949 talked about during work session but we as a commission are 02:13:57.949 --> 02:13:58.979 we're hung last time 02:13:58.979 --> 02:14:02.550 willing to see if we're gonna be hung this time or not if 02:14:02.550 --> 02:14:04.260 we are hung then I 02:14:04.260 --> 02:14:08.789 am I would like to have this go on because us as a 02:14:08.789 --> 02:14:10.020 commissioner body do not 02:14:10.020 --> 02:14:12.380 make make a break and approval of this we make a 02:14:12.380 --> 02:14:14.140 recommendation to City Council 02:14:14.140 --> 02:14:17.229 to then let them decide I would see it being prudent of us 02:14:17.229 --> 02:14:18.380 as a commission to 02:14:18.380 --> 02:14:23.180 pass this on with no supermajority type of procedures 02:14:23.180 --> 02:14:25.619 attached to it to allow a 02:14:25.619 --> 02:14:30.170 seven-person City Council to then decide with no 02:14:30.170 --> 02:14:32.420 possibility for a tie to decide 02:14:32.420 --> 02:14:35.779 what's gonna happen with this project I think that's pr 02:14:35.779 --> 02:14:36.659 udent of us as a 02:14:36.659 --> 02:14:40.020 commission and so therefore in that in mind I make my 02:14:40.020 --> 02:14:42.479 motion to adopt an 02:14:42.479 --> 02:14:46.199 approval with staff recommendations for conditions the 02:14:46.199 --> 02:14:47.779 building height should not 02:14:47.779 --> 02:14:52.100 exceed two stories or 30 feet in height as well as uses on 02:14:52.100 --> 02:14:53.140 the parcel can be 02:14:53.140 --> 02:14:58.859 restricted to office use only thank you for that motion 02:14:58.859 --> 02:15:05.159 Commissioner Sanchez respond to the motion what I wanted to 02:15:05.159 --> 02:15:06.539 do was speak on 02:15:06.539 --> 02:15:14.069 the issue when I look at this city like Denton cities aren 02:15:14.069 --> 02:15:15.939 't static they 02:15:15.939 --> 02:15:19.510 constantly change and I think when we look at this area 02:15:19.510 --> 02:15:20.899 right here if you look 02:15:20.899 --> 02:15:26.590 at the two blocks that that though the one we're talking 02:15:26.590 --> 02:15:27.899 about and the one east 02:15:27.899 --> 02:15:30.600 which is where the what he called it where the apartments 02:15:30.600 --> 02:15:31.420 have been built 02:15:31.420 --> 02:15:36.020 that has all turned into commercial except there's two 02:15:36.020 --> 02:15:37.500 houses except for the 02:15:37.500 --> 02:15:41.819 corner lot that house has been torn down but everything 02:15:41.819 --> 02:15:43.060 else within across the 02:15:43.060 --> 02:15:47.000 street is commercial and when you look at the area we're 02:15:47.000 --> 02:15:49.420 talking about again I 02:15:49.420 --> 02:15:54.510 see us as planning for the future and I hear people talking 02:15:54.510 --> 02:15:56.899 30 40 years ago we 02:15:56.899 --> 02:16:00.479 had ducks walking around you know we're not living 30 40 02:16:00.479 --> 02:16:01.779 years ago we're living 02:16:01.779 --> 02:16:07.329 and we're trying to develop the city with future ideas this 02:16:07.329 --> 02:16:08.380 whole area has 02:16:08.380 --> 02:16:12.970 has really developed I've seen it in because I live in that 02:16:12.970 --> 02:16:15.380 area but I mean I 02:16:15.380 --> 02:16:18.840 guess I'm just saying is we have to look at what not just 02:16:18.840 --> 02:16:20.300 say this is what it was 02:16:20.300 --> 02:16:24.020 30 years ago but what's happening today you have Carol 02:16:24.020 --> 02:16:25.399 Boulevard there you have 02:16:25.399 --> 02:16:32.000 Eagle and then you've got Elm Street very heavy traffic a 02:16:32.000 --> 02:16:33.299 lot of businesses 02:16:33.299 --> 02:16:38.260 are going in that area so I would vote for it and that's 02:16:38.260 --> 02:16:40.100 because I don't see I 02:16:40.100 --> 02:16:44.020 don't see us going backwards I wanted to see the city go 02:16:44.020 --> 02:16:46.260 forward and and like I 02:16:46.260 --> 02:16:49.040 said the last time eventually every you know just because 02:16:49.040 --> 02:16:50.540 we bought a house 30 02:16:50.540 --> 02:16:54.579 years ago things change and and the community changes and 02:16:54.579 --> 02:16:55.500 we have to be 02:16:55.500 --> 02:16:59.190 acceptable to the fact that communities change and and 02:16:59.190 --> 02:17:00.700 people are things are 02:17:00.700 --> 02:17:06.500 changing in certain areas I that's all I want to say is the 02:17:06.500 --> 02:17:07.899 cities are dynamic 02:17:07.899 --> 02:17:12.180 and we have to look at that and plan for the future 02:17:13.340 --> 02:17:18.450 Commissioner Beck thank you vice-chair I'm gonna oppose 02:17:18.450 --> 02:17:20.340 this move mainly for 02:17:20.340 --> 02:17:23.610 the reasons I stated and I'll say it again that this is an 02:17:23.610 --> 02:17:24.860 encroachment on an 02:17:24.860 --> 02:17:27.459 established neighborhood moving forward doesn't always mean 02:17:27.459 --> 02:17:27.899 it has to be a 02:17:27.899 --> 02:17:30.729 convert commercial development and I don't disagree that 02:17:30.729 --> 02:17:31.500 office spaces 02:17:31.500 --> 02:17:36.950 there's a demand for it doesn't have to be here down the 02:17:36.950 --> 02:17:38.579 road this could be a 02:17:38.579 --> 02:17:41.680 good development for this thing it could stop right there 02:17:41.680 --> 02:17:42.700 we've done a lot of 02:17:42.700 --> 02:17:46.430 people would like to believe that I think partially I do 02:17:46.430 --> 02:17:47.739 too but we didn't 02:17:47.739 --> 02:17:51.229 nobody knows the future for certain and what I want to send 02:17:51.229 --> 02:17:52.299 a message here is 02:17:52.299 --> 02:17:59.399 that we want to stop this potential encroachment before it 02:17:59.399 --> 02:18:00.299 goes any further 02:18:00.299 --> 02:18:03.590 because down the road again it can be used well we did this 02:18:03.590 --> 02:18:04.819 year a little bit 02:18:04.819 --> 02:18:08.489 more isn't gonna hurt and this is a fine old established 02:18:08.489 --> 02:18:09.860 single-family 02:18:09.860 --> 02:18:13.850 residential neighborhood I'd like to see the stay as it is 02:18:13.850 --> 02:18:14.899 so for that reason 02:18:14.899 --> 02:18:19.639 I'll be opposed in this motion and just for a point of 02:18:19.639 --> 02:18:20.940 order before I call 02:18:20.940 --> 02:18:23.290 Commissioner Sullivan I'm gonna go ahead and second the 02:18:23.290 --> 02:18:24.940 motion and we can open 02:18:24.940 --> 02:18:28.690 up for discussion Mr. Sullivan thank you I sure I like to 02:18:28.690 --> 02:18:29.860 respectfully disagree 02:18:29.860 --> 02:18:34.180 with Commissioner Sanchez change doesn't always have to 02:18:34.180 --> 02:18:35.180 happen change doesn't 02:18:35.180 --> 02:18:40.899 always have to go from one extreme to the other just 02:18:40.899 --> 02:18:44.260 because the property is 02:18:44.260 --> 02:18:48.040 there quote to be developed doesn't mean that it always has 02:18:48.040 --> 02:18:50.579 to change from one 02:18:50.579 --> 02:18:54.280 type of development to another type of development just in 02:18:54.280 --> 02:18:56.340 the name of progress 02:18:56.340 --> 02:19:00.069 I don't think that that's what we're here for you know is 02:19:00.069 --> 02:19:02.180 this proposal in 02:19:02.180 --> 02:19:05.540 keeping with the surrounding area I mean that's what we've 02:19:05.540 --> 02:19:06.860 got to look at is does 02:19:06.860 --> 02:19:11.090 this provide people around it comfort and knowing that they 02:19:11.090 --> 02:19:12.059 're not going to be 02:19:12.059 --> 02:19:17.750 slowly gobbled up by commercial buildings and I just you 02:19:17.750 --> 02:19:18.260 know I think 02:19:18.260 --> 02:19:23.309 that you know I just think that other things could be done 02:19:23.309 --> 02:19:24.700 there could be 02:19:24.700 --> 02:19:28.260 developed there mr. strange I know you've done a lot of 02:19:28.260 --> 02:19:29.659 residential building and 02:19:29.659 --> 02:19:34.180 and you know you've got expertise in that area I would like 02:19:34.180 --> 02:19:35.180 to see something 02:19:35.180 --> 02:19:39.139 we're to incorporate the old structures the old houses that 02:19:39.139 --> 02:19:40.459 are there and and 02:19:40.459 --> 02:19:44.049 somehow revitalize the area instead of changing it 02:19:44.049 --> 02:19:46.379 completely from neighborhood 02:19:46.379 --> 02:19:51.270 to business and so that's you know that's my concern that 02:19:51.270 --> 02:19:52.739 we just 02:19:52.739 --> 02:19:59.040 automatically defer to the developer rather than looking at 02:19:59.040 --> 02:20:00.579 the greater good 02:20:00.579 --> 02:20:04.700 so to speak and again this is no disparaging you know mr. 02:20:04.700 --> 02:20:05.459 strange I've 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 02:20:10.819 --> 02:20:12.139 this situation I 02:20:12.139 --> 02:20:14.799 just don't I just feel like that at some point we've got to 02:20:14.799 --> 02:20:17.299 say enough is enough 02:20:17.299 --> 02:20:24.700 thank you mr. Ellis thank you vice-chair yeah you know I 02:20:24.700 --> 02:20:26.180 can't get on board with 02:20:26.180 --> 02:20:29.540 this either I appreciate the concessions of the overlay I 02:20:29.540 --> 02:20:30.219 appreciate the 02:20:30.219 --> 02:20:34.680 communications that you had with some of the neighbors and 02:20:34.680 --> 02:20:35.739 I certainly appreciate 02:20:35.739 --> 02:20:38.799 access bank and all that it does for the community I'm not 02:20:38.799 --> 02:20:39.739 discounting that 02:20:39.739 --> 02:20:43.610 however I can't get on board with the removal of five 02:20:43.610 --> 02:20:45.420 residential homes that 02:20:45.420 --> 02:20:48.909 are inhabited whether or not they're in disrepair perhaps 02:20:48.909 --> 02:20:49.940 that's a code issue 02:20:49.940 --> 02:20:54.520 that we need to be addressing we don't address a code issue 02:20:54.520 --> 02:20:55.500 with a zoning 02:20:55.500 --> 02:21:00.059 change in my opinion I understand the need for more parking 02:21:00.059 --> 02:21:00.620 that's an issue 02:21:00.620 --> 02:21:04.260 with many businesses but again I don't believe the way we 02:21:04.260 --> 02:21:06.059 go forward here the 02:21:06.059 --> 02:21:12.579 way a smart way is to grow is to displace people that's not 02:21:12.579 --> 02:21:13.139 certainly what 02:21:13.139 --> 02:21:16.290 I'm here to do if this was vacant land possibly I would 02:21:16.290 --> 02:21:17.659 feel differently I'm 02:21:17.659 --> 02:21:21.770 not sure but this encroachment gobbling up these five 02:21:21.770 --> 02:21:23.579 houses whether or not two 02:21:23.579 --> 02:21:28.100 of them are already zoned the way you are requesting this 02:21:28.100 --> 02:21:29.620 encroachment will 02:21:29.620 --> 02:21:33.180 collapse the rest of that neighborhood in very short order 02:21:33.180 --> 02:21:34.780 and I just can't be 02:21:34.780 --> 02:21:41.790 part of them so I'm gonna hop in here before I turn the mic 02:21:41.790 --> 02:21:42.819 over to the 02:21:42.819 --> 02:21:45.559 Commissioner Sanchez of first appreciate everyone coming 02:21:45.559 --> 02:21:47.379 out twice now to be 02:21:47.379 --> 02:21:50.489 vocal and to provide insight and context to what's 02:21:50.489 --> 02:21:52.299 happening in that city block 02:21:52.299 --> 02:21:57.729 and I've tried my best to take notes and understand all the 02:21:57.729 --> 02:21:59.299 pros and cons and 02:21:59.299 --> 02:22:03.260 kind of t-chart this out in terms of the development and so 02:22:03.260 --> 02:22:04.459 with that here are my 02:22:04.459 --> 02:22:08.079 thoughts I did second this I'm in support of it but but 02:22:08.079 --> 02:22:09.420 here's my thoughts 02:22:09.420 --> 02:22:12.879 is the city went back with the applicant and there's 02:22:12.879 --> 02:22:14.579 neighborhood meetings and it 02:22:14.579 --> 02:22:19.100 determined that five there's five general concerns about 02:22:19.100 --> 02:22:20.299 the property so if 02:22:20.299 --> 02:22:22.469 we go backwards if we're just look at them the lack of a 02:22:22.469 --> 02:22:23.299 neighborhood meeting 02:22:23.299 --> 02:22:25.729 with surrounding property owners the applicant did that the 02:22:25.729 --> 02:22:26.500 use permitted 02:22:26.500 --> 02:22:30.379 under DCG zoning district the applicant conceded to an 02:22:30.379 --> 02:22:31.700 overlay that is more 02:22:31.700 --> 02:22:34.840 restrictive than the dr1 that's currently there in terms of 02:22:34.840 --> 02:22:36.219 height the 02:22:36.219 --> 02:22:38.930 next one is the maximum height of 100 foot building was 02:22:38.930 --> 02:22:40.020 concerned they addressed 02:22:40.020 --> 02:22:43.379 that the proposed exit on Maple Street they try to think 02:22:43.379 --> 02:22:44.620 creatively about what 02:22:44.620 --> 02:22:47.010 to do with that and the first one listed was the loss of 02:22:47.010 --> 02:22:48.020 affordable housing 02:22:48.020 --> 02:22:51.479 shouldn't this request be permitted and that last one we 02:22:51.479 --> 02:22:52.780 cannot protect with 02:22:52.780 --> 02:22:56.229 this vote our vote in no way protects these five houses as 02:22:56.229 --> 02:22:57.899 much as I understand 02:22:57.899 --> 02:23:00.959 the position you want to protect them they could demolish 02:23:00.959 --> 02:23:01.860 to as soon as the 02:23:01.860 --> 02:23:05.819 least and legally they can and put up a office there or on 02:23:05.819 --> 02:23:07.020 the other three 02:23:07.020 --> 02:23:16.850 properties they could do duplexes home occupation they 02:23:16.850 --> 02:23:19.819 could put a church lodge 02:23:19.819 --> 02:23:25.510 club child care or adult daycare kindergarten or elementary 02:23:25.510 --> 02:23:26.899 school they 02:23:26.899 --> 02:23:30.649 can do that by right and so regardless of our vote tonight 02:23:30.649 --> 02:23:32.260 in this first item 02:23:32.260 --> 02:23:35.049 about loss of affordable housing I'm certainly not a prop 02:23:35.049 --> 02:23:35.700 onent of getting 02:23:35.700 --> 02:23:38.309 rid of hundred-year-old homes that are salvageable and we 02:23:38.309 --> 02:23:39.219 can keep the history 02:23:39.219 --> 02:23:43.750 alive but this this vote of not rezoning that is not a 02:23:43.750 --> 02:23:44.700 protection of those five 02:23:44.700 --> 02:23:49.500 homes so I just don't the the substantiation of that merit 02:23:49.500 --> 02:23:50.180 is a little 02:23:50.180 --> 02:23:53.700 bit lost on me in terms of us protecting that the other 02:23:53.700 --> 02:23:55.180 things I heard was 02:23:55.180 --> 02:23:58.940 traffic on Myrtle on the eastbound I haven't driven over 02:23:58.940 --> 02:24:00.059 there but on the 02:24:00.059 --> 02:24:03.780 eastbound there's a massive apartment complex that half of 02:24:03.780 --> 02:24:05.059 the traffic is 02:24:05.059 --> 02:24:07.479 displaced on Myrtle currently so maybe it's an issue with 02:24:07.479 --> 02:24:08.420 engineering to look 02:24:08.420 --> 02:24:12.969 at that street but I don't think the parking on the west 02:24:12.969 --> 02:24:14.979 side from garden 02:24:14.979 --> 02:24:17.680 offices is going to highly impact Myrtle more than the 02:24:17.680 --> 02:24:18.940 apartment complex and 02:24:18.940 --> 02:24:22.000 speaking of the apartment complex the three homes in 02:24:22.000 --> 02:24:23.219 discussion that abut 02:24:23.219 --> 02:24:26.690 Myrtle on the east side their front doors face a four-story 02:24:26.690 --> 02:24:27.299 building right 02:24:27.299 --> 02:24:29.340 now and so I don't know if we're protecting the 02:24:29.340 --> 02:24:30.379 neighborhood good by 02:24:30.379 --> 02:24:35.489 leaving three homes in the shadows of of dense residential 02:24:35.489 --> 02:24:37.299 and so there's there's 02:24:37.299 --> 02:24:41.030 a lot of things compounded in this decision and it's it's 02:24:41.030 --> 02:24:41.739 not a fun 02:24:41.739 --> 02:24:45.100 decision that I would I would say this is a joy like we 02:24:45.100 --> 02:24:46.420 will have later tonight 02:24:46.420 --> 02:24:50.170 and a vote but I think this is a necessary one it's one 02:24:50.170 --> 02:24:50.700 that the 02:24:50.700 --> 02:24:53.110 applicant has been working on for for ten years to try to 02:24:53.110 --> 02:24:53.940 get to this point I 02:24:53.940 --> 02:24:56.170 certainly understand the ADP requirement and the 02:24:56.170 --> 02:24:57.180 conjunction of these two 02:24:57.180 --> 02:25:01.700 properties is is what is required to allocate the parking 02:25:01.700 --> 02:25:02.940 and so I think the 02:25:02.940 --> 02:25:06.629 applicant has answered the call that the city has made and 02:25:06.629 --> 02:25:07.979 the the citizens have 02:25:07.979 --> 02:25:12.059 have put forth and done I think a stellar job of meeting 02:25:12.059 --> 02:25:13.079 those things and 02:25:13.079 --> 02:25:17.600 trying to provide concessions so with that again I second 02:25:17.600 --> 02:25:19.180 that and then I'll 02:25:19.180 --> 02:25:24.409 give it to you Commissioner Sanchez yes I just wanted to 02:25:24.409 --> 02:25:26.379 mention that you know 02:25:26.379 --> 02:25:29.440 we talked about affordable housing but how new housing is 02:25:29.440 --> 02:25:30.420 being built here in 02:25:30.420 --> 02:25:32.719 Denton all you just have to go to the north everywhere in 02:25:32.719 --> 02:25:33.500 Denton you see new 02:25:33.500 --> 02:25:36.260 housing being developed and as new housing gets developed 02:25:36.260 --> 02:25:37.100 older 02:25:37.100 --> 02:25:40.680 neighborhoods become more affordable and I think that's 02:25:40.680 --> 02:25:42.260 what I believe in the 02:25:42.260 --> 02:25:45.319 city being dynamic not everything is going to stay the same 02:25:45.319 --> 02:25:46.620 so as the city 02:25:46.620 --> 02:25:49.829 develops more housing is being created more affordable 02:25:49.829 --> 02:25:51.139 housing is also being 02:25:51.139 --> 02:25:54.840 created in other neighborhoods you know some neighborhoods 02:25:54.840 --> 02:25:57.899 I used to live in 02:25:57.899 --> 02:26:02.979 North Denton and and those areas 30 40 years ago those 02:26:02.979 --> 02:26:03.940 houses were probably 02:26:03.940 --> 02:26:10.299 prime people that own it own those homes you know we're of 02:26:10.299 --> 02:26:12.959 had money today people 02:26:12.959 --> 02:26:16.020 are buying those houses for four or five bedroom homes 02:26:16.020 --> 02:26:17.340 because they were built 02:26:17.340 --> 02:26:20.840 back in the 60s much cheaper and so what I'm saying is 02:26:20.840 --> 02:26:22.219 things change and that's 02:26:22.219 --> 02:26:27.110 what we have to look at long term Christian thank you vice 02:26:27.110 --> 02:26:27.979 chair just a 02:26:27.979 --> 02:26:31.719 couple of comments with regard to to your comments a no 02:26:31.719 --> 02:26:36.899 vote on this does not 02:26:36.899 --> 02:26:40.010 protect these homes as you said for forever but a yes vote 02:26:40.010 --> 02:26:40.659 does most 02:26:40.659 --> 02:26:44.440 definitely destroy them and that is what I am not willing 02:26:44.440 --> 02:26:47.020 to do you know our city 02:26:47.020 --> 02:26:50.809 the city doesn't just go forward with constant commercial 02:26:50.809 --> 02:26:51.700 development 02:26:51.700 --> 02:26:55.430 commercial development is obviously and utterly important 02:26:55.430 --> 02:26:56.739 to our city's growth 02:26:56.739 --> 02:27:05.100 but without citizens making it go doesn't work we have a 02:27:05.100 --> 02:27:07.940 first and a second 02:27:07.940 --> 02:27:11.670 I see no other request to speak so with that I will call 02:27:11.670 --> 02:27:13.219 for a vote on the board 02:27:13.219 --> 02:27:18.610 this is a motion to approve with the conditions set forth 02:27:18.610 --> 02:27:19.940 from the city 02:27:27.739 --> 02:27:37.069 the motion fails three three Commissioner Beck I move we 02:27:37.069 --> 02:27:38.379 denied them 02:27:38.379 --> 02:27:45.729 does the 1800 for me and do I have a second Christian Ellis 02:27:45.729 --> 02:27:47.780 second 02:27:47.780 --> 02:27:51.180 Commissioner Smith thank you vice chair can I ask the 02:27:51.180 --> 02:27:52.020 applicant to come back to 02:27:52.020 --> 02:28:01.500 the mic mr. strange please I just have a quick question for 02:28:01.500 --> 02:28:03.659 you seeing as how 02:28:03.659 --> 02:28:07.579 this happened last time and and and there was some ruffled 02:28:07.579 --> 02:28:08.620 feathers when it 02:28:08.620 --> 02:28:11.229 went to tie tie and it goes to tie tie and it looks like we 02:28:11.229 --> 02:28:11.739 might have 02:28:11.739 --> 02:28:14.799 ourselves another tie tie what is what do you as the 02:28:14.799 --> 02:28:16.260 applicant plan to do if we 02:28:16.260 --> 02:28:21.309 do become a three three tie again during this denial if we 02:28:21.309 --> 02:28:22.739 if legal goes forward 02:28:22.739 --> 02:28:26.129 and says just like the last time we'll have to wait and 02:28:26.129 --> 02:28:27.659 have an inaction here 02:28:27.659 --> 02:28:31.020 not necessarily a table but an inaction nothing can be can 02:28:31.020 --> 02:28:32.139 be done on this there's 02:28:32.139 --> 02:28:35.659 no motion on the floor what would what would you as 02:28:35.659 --> 02:28:37.059 applicant do in the interim 02:28:37.059 --> 02:28:41.379 well I don't think that's bad my priority seniors what I 02:28:41.379 --> 02:28:42.100 think I'll do I 02:28:42.100 --> 02:28:46.209 think your job is easy to approve it or deny it and I will 02:28:46.209 --> 02:28:47.020 I'm a big I'm a big 02:28:47.020 --> 02:28:49.760 guy been around a long time so I'll deal with what if your 02:28:49.760 --> 02:28:51.299 decision is so if you 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 02:28:54.579 --> 02:28:55.540 goes to a three three 02:28:55.540 --> 02:28:58.600 tie again there's no way there's no action take his motion 02:28:58.600 --> 02:28:59.780 was to deny of 02:28:59.780 --> 02:29:03.049 course and if and if there's three commissioners who vote 02:29:03.049 --> 02:29:04.700 yes to deny and 02:29:04.700 --> 02:29:07.120 three commissioners who vote no to deny then there's not 02:29:07.120 --> 02:29:07.979 going to be any motion 02:29:07.979 --> 02:29:11.040 on this that's what it probably turns to a legal action and 02:29:11.040 --> 02:29:12.100 then legal actions 02:29:12.100 --> 02:29:14.420 gonna have we're gonna gonna say what they said last time 02:29:14.420 --> 02:29:15.620 which is we don't 02:29:15.620 --> 02:29:17.920 have a city code enforced and feel free to jump in here 02:29:17.920 --> 02:29:18.899 whatever you want to 02:29:18.899 --> 02:29:22.329 Jerry there is no there is no city code to enforce what 02:29:22.329 --> 02:29:23.739 force there to be done 02:29:23.739 --> 02:29:26.799 anything done until us as a commission are a hole to where 02:29:26.799 --> 02:29:27.780 there's no longer a 02:29:27.780 --> 02:29:30.590 tie available which we'll never get to because we have a 02:29:30.590 --> 02:29:31.620 recusal in this case 02:29:31.620 --> 02:29:42.959 well I see they're having a conference just wait a minute I 02:29:42.959 --> 02:29:43.899 'm gonna ask city 02:29:43.899 --> 02:29:51.379 it's a way in here for clarification okay just for clarity 02:29:51.379 --> 02:29:52.219 what what has 02:29:52.219 --> 02:29:56.739 happened is is that we had a motion to approve which which 02:29:56.739 --> 02:29:58.200 was a three three 02:29:58.200 --> 02:30:02.069 tie there is a motion on the floor which is a motion to 02:30:02.069 --> 02:30:05.379 deny and if that motion 02:30:05.379 --> 02:30:10.860 goes to a three three how the how the rules are written 02:30:10.860 --> 02:30:12.059 today is that would 02:30:12.059 --> 02:30:16.860 come back to this Commission when there is a full 02:30:16.860 --> 02:30:20.340 Commission so it is somewhat 02:30:20.340 --> 02:30:24.340 circular meaning that it would come back again and what 02:30:24.340 --> 02:30:26.219 would happen is is again 02:30:26.219 --> 02:30:29.040 because we have only six members that are going to be able 02:30:29.040 --> 02:30:29.780 to vote on this 02:30:29.780 --> 02:30:34.379 will be in the same position so the fact of the matter is 02:30:34.379 --> 02:30:36.500 is that I think the the 02:30:36.500 --> 02:30:40.229 options that exist is there's a motion on the floor if that 02:30:40.229 --> 02:30:41.139 motion on the floor 02:30:41.139 --> 02:30:44.569 does result in a tie then that's where it's at or another 02:30:44.569 --> 02:30:45.940 motion to be made or 02:30:45.940 --> 02:30:51.180 if the motion for denial passes then that would go before 02:30:51.180 --> 02:30:52.540 City Council and 02:30:52.540 --> 02:30:57.940 require a super majority vote for it to pass with Council 02:30:57.940 --> 02:30:59.299 and I guess if I could 02:30:59.299 --> 02:31:03.989 I'm sorry Mr. Strange my question is is that if last time 02:31:03.989 --> 02:31:04.819 is indicative of what 02:31:04.819 --> 02:31:08.079 might happen here in a minute we go to vote does the 02:31:08.079 --> 02:31:09.739 applicant have any plans 02:31:09.739 --> 02:31:12.489 in the interim if nothing is done and we're sitting here at 02:31:12.489 --> 02:31:13.260 a time there's no 02:31:13.260 --> 02:31:16.040 other motion that could be made tonight does the applicant 02:31:16.040 --> 02:31:17.059 have any other plans 02:31:17.059 --> 02:31:20.319 to do anything else to change their application to come 02:31:20.319 --> 02:31:21.260 back before us 02:31:21.260 --> 02:31:24.430 you know I think I think I can save us all a lot of heart 02:31:24.430 --> 02:31:25.860 burn we burn up a lot 02:31:25.860 --> 02:31:29.579 of time here we burn up a lot of people's energy I will 02:31:29.579 --> 02:31:30.500 disagree with her 02:31:30.500 --> 02:31:33.159 comment about nobody knowing about it the city had two mail 02:31:33.159 --> 02:31:34.020 ings that went out 02:31:34.020 --> 02:31:37.979 we sent out mailings on the meetings off of the city's list 02:31:37.979 --> 02:31:39.299 so if nobody got three 02:31:39.299 --> 02:31:42.540 letters I can't really help that I think to save the heart 02:31:42.540 --> 02:31:43.219 burn why don't just 02:31:43.219 --> 02:31:46.280 withdraw my motion I'll go home take a deep breath and 02:31:46.280 --> 02:31:46.860 figure out what I'm gonna 02:31:46.860 --> 02:31:50.469 do so appreciate your all's time we do have the right to 02:31:50.469 --> 02:31:51.540 withdraw don't want 02:31:51.540 --> 02:31:56.139 mr. Drake I'm sorry I asked to withdraw your application 02:31:56.139 --> 02:31:58.780 yes yes I withdraw my 02:31:58.780 --> 02:32:02.219 application and good night 02:32:04.540 --> 02:32:08.159 so at this point city we do not need to take a vote if 02:32:08.159 --> 02:32:11.700 there's been a withdrawal 02:32:11.700 --> 02:32:16.229 well let me let me clarify what I just said moment the 02:32:16.229 --> 02:32:17.620 application has been 02:32:17.620 --> 02:32:20.979 brought forward you could certainly withdraw your 02:32:20.979 --> 02:32:22.340 application that doesn't 02:32:22.340 --> 02:32:27.540 necessarily mean that the city has to let go of the zoning 02:32:27.540 --> 02:32:29.700 case as a result of 02:32:29.700 --> 02:32:34.219 your withdrawal but the city could I mean the the the 02:32:34.219 --> 02:32:34.860 Commission could go 02:32:34.860 --> 02:32:39.930 ahead and decide not to proceed if that's what they chose 02:32:39.930 --> 02:32:40.459 to do 02:32:40.780 --> 02:32:45.780 motion on the floor is one to deny you could go ahead vote 02:32:45.780 --> 02:32:47.780 on it we need a vote 02:32:47.780 --> 02:32:50.549 before that we have Commissioner Smith so essentially what 02:32:50.549 --> 02:32:52.100 you're saying legal 02:32:52.100 --> 02:32:57.219 is that if it goes to a tie then the case is no longer no 02:32:57.219 --> 02:32:58.500 one's bringing it 02:32:58.500 --> 02:33:01.610 forward anymore after this tie the applicant could withdraw 02:33:01.610 --> 02:33:01.860 their 02:33:01.860 --> 02:33:05.450 application after this motion is right yeah it's a really 02:33:05.450 --> 02:33:07.040 unusual case that if 02:33:07.040 --> 02:33:10.770 the city wanted to continue on with zoning the the property 02:33:10.770 --> 02:33:11.540 even if the 02:33:11.540 --> 02:33:14.600 applicant doesn't want to that they theoretically they 02:33:14.600 --> 02:33:15.420 could do that and I 02:33:15.420 --> 02:33:18.200 think that's what mr. strange was asking I don't think that 02:33:18.200 --> 02:33:19.260 that's likely to 02:33:19.260 --> 02:33:26.659 happen okay I do have one more question mr. strange if if 02:33:26.659 --> 02:33:29.860 we pass a denial if I 02:33:29.860 --> 02:33:34.420 was to switch my vote you would go directly to City Council 02:33:34.420 --> 02:33:36.780 and roll the 02:33:36.780 --> 02:33:39.389 dice there is that of any interest to you to at least get 02:33:39.389 --> 02:33:40.340 to council because 02:33:40.340 --> 02:33:43.770 as it stands it's either we will and effectively withdraw 02:33:43.770 --> 02:33:44.780 it for a period of 02:33:44.780 --> 02:33:48.729 time or we can push you to council if you'd prefer that I'd 02:33:48.729 --> 02:33:49.379 love your your 02:33:49.379 --> 02:33:52.219 feedback on that I don't think that there would be much 02:33:52.219 --> 02:33:53.020 future for me to go 02:33:53.020 --> 02:33:55.389 to council for a supermajority okay I think I'd just be 02:33:55.389 --> 02:33:56.420 right back where I am 02:33:56.420 --> 02:33:59.860 here so I think I'll just whatever the next steps mr. Drake 02:33:59.860 --> 02:34:00.659 are necessary to 02:34:00.659 --> 02:34:03.719 withdraw either before or after the vote I don't want to 02:34:03.719 --> 02:34:04.459 get stuck in a deal 02:34:04.459 --> 02:34:08.620 where I can't move anywhere for one year so I guess I've 02:34:08.620 --> 02:34:10.260 since this is confused 02:34:10.260 --> 02:34:13.860 and I'm not a lawyer I would ask for your guidance if I do 02:34:13.860 --> 02:34:14.819 was your do I have 02:34:14.819 --> 02:34:18.180 to wait for a year before I come back well I think that 02:34:18.180 --> 02:34:19.219 depends on what the 02:34:19.219 --> 02:34:22.280 city decides to do I like I said I think that technically 02:34:22.280 --> 02:34:23.940 the city could elect 02:34:23.940 --> 02:34:27.149 proceed with the zoning case I don't see that happening 02:34:27.149 --> 02:34:28.760 when we're got at a 3-3 02:34:28.760 --> 02:34:34.879 impasse I'm not seeing a whole lot of desire for the city 02:34:34.879 --> 02:34:36.979 to to take control 02:34:36.979 --> 02:34:41.180 of this and to push for some kind of a decision on this at 02:34:41.180 --> 02:34:42.659 the City Council I 02:34:42.659 --> 02:34:46.100 think that effectively your withdrawal is going to withdraw 02:34:46.100 --> 02:34:47.260 the case and it 02:34:47.260 --> 02:34:54.049 will not stop you from reapplying okay yes Scott and Jerry 02:34:54.049 --> 02:34:55.020 is it necessary to 02:34:55.020 --> 02:34:58.100 vote on this or may the question be withdrawn or that 02:34:58.100 --> 02:34:59.379 excuse me the motion 02:34:59.379 --> 02:35:02.270 be withdrawn the motion could be withdrawn if that's the 02:35:02.270 --> 02:35:03.540 desire of the 02:35:03.540 --> 02:35:08.319 move at commissioner back would you like to proceed with 02:35:08.319 --> 02:35:09.299 the motion or would you 02:35:09.299 --> 02:35:14.510 like to withdraw the motion thank you just as a matter of 02:35:14.510 --> 02:35:15.860 course you stay with 02:35:15.860 --> 02:35:20.549 the motion and then if he still decides to withdraw it he 02:35:20.549 --> 02:35:21.780 can at that time but 02:35:21.780 --> 02:35:24.989 yeah I want to proceed with the motion okay we have a first 02:35:24.989 --> 02:35:26.420 and second seeing 02:35:26.420 --> 02:35:29.030 no discussion we'll call vote in the board this is a motion 02:35:29.030 --> 02:35:30.940 to deny so a yes 02:35:30.940 --> 02:35:35.420 is to deny a no is to reject the denial 02:35:41.899 --> 02:35:45.040 that motion fails 3-3 at this time the Plans Oath of 02:35:45.040 --> 02:35:48.860 Meeting Commission will take 02:35:48.860 --> 02:35:56.899 no action on the item that will move us to agenda item 4b 02:35:56.899 --> 02:36:00.340 which is ADP 18-0002 02:36:00.340 --> 02:36:04.180 and Ron Magenta will present 02:36:15.180 --> 02:36:18.270 thank you by share members of the Commission this request 02:36:18.270 --> 02:36:19.180 is for property 02:36:19.180 --> 02:36:22.420 located on Bonnie brain North Bar and Bray on property 02:36:22.420 --> 02:36:23.899 approximately point four 02:36:23.899 --> 02:36:27.629 seven one acres approximately 200 feet just south of Emory 02:36:27.629 --> 02:36:30.260 Street the applicant 02:36:30.260 --> 02:36:34.809 is requesting a an alternative development plan that is to 02:36:34.809 --> 02:36:35.420 develop a 02:36:35.420 --> 02:36:40.540 medical building unfortunately due to the site constraints 02:36:40.540 --> 02:36:42.180 lot configuration as 02:36:42.180 --> 02:36:45.559 well as easements the applicant is requesting to deviate 02:36:45.559 --> 02:36:47.100 from four sections 02:36:47.100 --> 02:36:51.620 of the development code those sections are listed here they 02:36:51.620 --> 02:36:52.260 address buffer 02:36:52.260 --> 02:36:56.010 requirements parking requirements landscaping and screening 02:36:56.010 --> 02:36:57.260 requirements per 02:36:57.260 --> 02:37:02.500 parking in front as well as tree tree requirements the 02:37:02.500 --> 02:37:04.100 first deviation is 02:37:04.100 --> 02:37:08.229 buffer requirements the code requires a type C for property 02:37:08.229 --> 02:37:09.180 that is a non 02:37:09.180 --> 02:37:12.620 residential use adjacent to a residential use and that 02:37:12.620 --> 02:37:14.739 requirement is 10 trees and 02:37:14.739 --> 02:37:20.540 43 shrubs the applicant is as part of their mitigation 02:37:20.540 --> 02:37:22.100 award request is to 02:37:22.100 --> 02:37:28.239 plant five trees that are acceptable under DME's acceptable 02:37:28.239 --> 02:37:29.940 tree list the 02:37:29.940 --> 02:37:34.399 second is parking in front per the development code parking 02:37:34.399 --> 02:37:35.139 is not permitted 02:37:35.139 --> 02:37:39.100 in the front rather it is only permitted in the rear or 02:37:39.100 --> 02:37:40.420 side for certain 02:37:40.420 --> 02:37:44.059 situations and in this case this falls under that situation 02:37:44.059 --> 02:37:45.100 the applicant is 02:37:45.100 --> 02:37:51.940 requesting to place one row parking an alternative or 02:37:51.940 --> 02:37:53.500 mitigation to that is 02:37:53.500 --> 02:37:59.190 planting eight three trees as well as a berm shrub and tall 02:37:59.190 --> 02:38:00.899 grass along the front 02:38:00.899 --> 02:38:06.979 as shown here on this exhibit screening standards as 02:38:06.979 --> 02:38:08.180 relates to parking front 02:38:08.180 --> 02:38:13.170 also the applicant is requesting an alternative requirement 02:38:13.170 --> 02:38:14.579 is to propose 02:38:14.579 --> 02:38:21.209 or to provide a 15-foot landscape area some large trees and 02:38:21.209 --> 02:38:22.899 other requirements 02:38:22.899 --> 02:38:25.739 the applicant is not able to meet all those requirements 02:38:25.739 --> 02:38:27.459 they are proposing to 02:38:27.459 --> 02:38:32.629 plant trees a shrub a berm and tall grasses as well to help 02:38:32.629 --> 02:38:34.020 screen for the 02:38:34.020 --> 02:38:39.540 parking your front and lastly the fourth deviation to the 02:38:39.540 --> 02:38:41.059 code is the street 02:38:41.059 --> 02:38:46.459 requirements the applicant is proposing to plant five trees 02:38:46.459 --> 02:38:48.540 where DME has 02:38:48.540 --> 02:38:53.180 allowed them to go ahead and propose those trees as long as 02:38:53.180 --> 02:38:54.139 they meet the 02:38:54.139 --> 02:39:00.030 trees that are acceptable by them this again is more or 02:39:00.030 --> 02:39:02.860 less on the on the 02:39:02.860 --> 02:39:07.159 fence but we want it included in the ADP just to make sure 02:39:07.159 --> 02:39:07.739 that we have the 02:39:07.739 --> 02:39:14.139 design correct with that staff did any criteria or analysis 02:39:14.139 --> 02:39:14.860 of the criteria of 02:39:14.860 --> 02:39:19.379 approval and is recommending approval based on those 02:39:19.379 --> 02:39:20.659 criteria and I'll be 02:39:20.659 --> 02:39:24.389 happy to stand for any questions the applicant is here as 02:39:24.389 --> 02:39:25.739 well and would be 02:39:25.739 --> 02:39:29.469 able to answer questions we do have one question 02:39:29.469 --> 02:39:30.420 Commissioner Smith do you have a 02:39:30.420 --> 02:39:36.500 chance to I did yes I looked at the the proposed proposed 02:39:36.500 --> 02:39:37.659 development code there 02:39:37.659 --> 02:39:42.180 is a provision that allows the director the ability to 02:39:42.180 --> 02:39:43.659 prove an alternative 02:39:43.659 --> 02:39:48.209 landscape plan which would address three of the four 02:39:48.209 --> 02:39:50.420 parking is still going to be 02:39:50.420 --> 02:39:54.940 required to be on the side or rear but other than that 02:39:54.940 --> 02:39:55.819 everything else could be 02:39:55.819 --> 02:39:59.010 addressed with if this development code that is being 02:39:59.010 --> 02:40:00.860 proposed will pass there 02:40:00.860 --> 02:40:05.409 is again that alternative landscape provision thank you 02:40:05.409 --> 02:40:07.219 wrong I do not see 02:40:07.219 --> 02:40:11.780 any other questions thank you the applicant is here mr. Lee 02:40:11.780 --> 02:40:13.579 Allison do you 02:40:13.579 --> 02:40:16.290 speak your name and your address for the record you will 02:40:16.290 --> 02:40:17.659 have ten minutes to 02:40:17.659 --> 02:40:47.620 speak from beginning there we go 02:40:47.620 --> 02:40:50.459 good evening I'm Lee Allison with Allison engineering group 02:40:50.459 --> 02:40:51.459 with me this 02:40:51.459 --> 02:40:55.360 evening is Lance Hordorf our project manager Kent Key could 02:40:55.360 --> 02:40:56.620 not be here at 02:40:56.620 --> 02:40:59.860 the moment Ron has done an excellent job I'm certainly not 02:40:59.860 --> 02:41:00.420 going to use ten 02:41:00.420 --> 02:41:04.149 minutes I'd like to fill in a few gaps this slide helps 02:41:04.149 --> 02:41:05.420 demonstrate the 02:41:05.420 --> 02:41:09.940 restrictions that we're up against to the north and I'm 02:41:09.940 --> 02:41:10.819 sorry to the top of 02:41:10.819 --> 02:41:15.340 this page to the east there is a 15-foot alley as mr. Beck 02:41:15.340 --> 02:41:16.420 noted in the session 02:41:16.420 --> 02:41:20.620 it is more like a swale but it is legally a dedicated alley 02:41:20.620 --> 02:41:21.459 does not carry 02:41:21.459 --> 02:41:26.459 traffic it has wastewater in it and it has electric utility 02:41:26.459 --> 02:41:27.379 electric 02:41:27.379 --> 02:41:30.270 distribution line versus the electric transmission lines 02:41:30.270 --> 02:41:31.379 that are in the front 02:41:31.379 --> 02:41:35.899 the green at the top of the page is a 15-foot electric eas 02:41:35.899 --> 02:41:37.180 ement is the green 02:41:37.180 --> 02:41:41.270 at the bottom of page a little history as Bonnie Bray 02:41:41.270 --> 02:41:42.940 electric system was put in 02:41:42.940 --> 02:41:45.770 and the large transmission lines were put in at the time I 02:41:45.770 --> 02:41:46.739 don't think there 02:41:46.739 --> 02:41:51.639 was a realization that structures could not be built within 02:41:51.639 --> 02:41:53.739 35 feet of the pole 02:41:53.739 --> 02:41:57.459 line of transmissions or 17 and a half feet of the pole 02:41:57.459 --> 02:41:59.219 line of distribution 02:41:59.219 --> 02:42:03.739 lines so when you put a pole in an easement right next to 02:42:03.739 --> 02:42:04.579 the easement line 02:42:04.579 --> 02:42:08.309 you're taking part of that person's property as a result 02:42:08.309 --> 02:42:09.420 the city went back 02:42:09.420 --> 02:42:12.569 through there and purchased easements those green strips 02:42:12.569 --> 02:42:13.940 primarily to help 02:42:13.940 --> 02:42:17.319 preserve and make correct the taking of the property that 02:42:17.319 --> 02:42:18.299 occurred by the 02:42:18.299 --> 02:42:22.030 placement of poles along those lines in addition the 02:42:22.030 --> 02:42:24.100 electric easement took up a 02:42:24.100 --> 02:42:27.479 little bit of green space or that pink space the yellow 02:42:27.479 --> 02:42:28.860 space is a common access 02:42:28.860 --> 02:42:32.729 easement the colored space to the left is setbacks and the 02:42:32.729 --> 02:42:34.180 crossed hatch strip 02:42:34.180 --> 02:42:37.239 that almost goes completely across the middle that's the 02:42:37.239 --> 02:42:37.979 area that's available 02:42:37.979 --> 02:42:44.059 for constructing a building this was in set up by a plant 02:42:44.059 --> 02:42:45.540 that was intended to 02:42:45.540 --> 02:42:49.110 show the set the pattern for development from the south to 02:42:49.110 --> 02:42:50.219 the north with the 02:42:50.219 --> 02:42:52.829 easements already on it brought this plant just as an 02:42:52.829 --> 02:42:53.860 example of that this 02:42:53.860 --> 02:42:57.360 was actually a replant even though it says final plat you 02:42:57.360 --> 02:42:58.219 can see one of the 02:42:58.219 --> 02:43:01.709 lots is numbered one are symbolizing a replant replant 02:43:01.709 --> 02:43:02.780 final plat for all 02:43:02.780 --> 02:43:06.510 practical purposes is the same thing this is the site plan 02:43:06.510 --> 02:43:07.700 that we developed 02:43:07.700 --> 02:43:11.100 it has the building in the middle of that strip we have 02:43:11.100 --> 02:43:12.459 some parking to the 02:43:12.459 --> 02:43:16.180 right this site could not handle enough parking however 02:43:16.180 --> 02:43:17.659 there is a shared 02:43:17.659 --> 02:43:21.020 parking arrangement with the property owner to the south 02:43:21.020 --> 02:43:22.500 the maximum use of 02:43:22.500 --> 02:43:25.760 that property would be medical which would be one space for 02:43:25.760 --> 02:43:27.100 200 square feet 02:43:27.100 --> 02:43:33.129 that would require 25 spaces they have 39 that leaves I got 02:43:33.129 --> 02:43:34.780 that right 17 02:43:34.780 --> 02:43:40.280 leftover and we're gonna be using up to at least 15 left 02:43:40.280 --> 02:43:42.299 over we're gonna use 02:43:42.299 --> 02:43:46.819 up to to bring the dry ball through so we'll have 12 spaces 02:43:46.819 --> 02:43:47.420 available to us 02:43:47.420 --> 02:43:50.540 and we only need 10 to make up the parking on our space 02:43:50.540 --> 02:43:51.659 additionally the 02:43:51.659 --> 02:43:55.020 parking in front we're doing with pervious pavers to 02:43:55.020 --> 02:43:56.260 enhance the landscape 02:43:56.260 --> 02:44:00.440 characteristics of it if you look at our site let me see if 02:44:00.440 --> 02:44:01.459 I can manage this 02:44:01.459 --> 02:44:04.659 that's an existing residence it's on the northern part of 02:44:04.659 --> 02:44:05.819 our site vacant land 02:44:05.819 --> 02:44:12.610 in between that residents will go away body bray is really 02:44:12.610 --> 02:44:13.899 not conducive to 02:44:13.899 --> 02:44:16.569 have residences along it particularly with the drives that 02:44:16.569 --> 02:44:17.620 back out we feel 02:44:17.620 --> 02:44:20.840 like this is a reasonable and responsible transition it 02:44:20.840 --> 02:44:21.540 wouldn't be 02:44:21.540 --> 02:44:26.159 the better homes this is the alleyway that's between the 02:44:26.159 --> 02:44:27.180 property behind us 02:44:27.180 --> 02:44:32.420 and our site people have built homes have built fences on 02:44:32.420 --> 02:44:33.860 either side but you 02:44:33.860 --> 02:44:36.540 can see the alley coming through people have put a few 02:44:36.540 --> 02:44:38.059 trees here and there and 02:44:38.059 --> 02:44:40.889 then we've got Bonnie brave this can be widened in the 02:44:40.889 --> 02:44:42.020 future an electric 02:44:42.020 --> 02:44:45.409 substation we actually feel that our whole tight site in 02:44:45.409 --> 02:44:46.500 its entirety is a 02:44:46.500 --> 02:44:49.909 bit of a buffer between the backyards of the residential 02:44:49.909 --> 02:44:50.979 areas and what's 02:44:50.979 --> 02:44:55.510 happening the activity on Bonnie Bray Street itself these 02:44:55.510 --> 02:44:56.780 are some pictures 02:44:56.780 --> 02:45:00.379 that's the church that's the house to the north of the 02:45:00.379 --> 02:45:01.620 church that is the 02:45:01.620 --> 02:45:04.510 medical building immediately south of us they have a little 02:45:04.510 --> 02:45:05.420 bit of a burn with 02:45:05.420 --> 02:45:09.969 some landscaping a tree there we think what we're doing is 02:45:09.969 --> 02:45:11.260 carrying forward 02:45:11.260 --> 02:45:14.149 what has been done to the south but taking it up several 02:45:14.149 --> 02:45:15.180 notches not just a 02:45:15.180 --> 02:45:21.850 single notch the building residential side I'm not sure 02:45:21.850 --> 02:45:22.299 that's the best 02:45:22.299 --> 02:45:25.360 terminology I mean we're looking at a 4,000 4200 square 02:45:25.360 --> 02:45:26.059 foot building that's a 02:45:26.059 --> 02:45:29.649 big house it's 30 feet tall which could be equivalent to a 02:45:29.649 --> 02:45:31.379 two-story house when 02:45:31.379 --> 02:45:35.129 we say it's single-story we're not trying to imply the 02:45:35.129 --> 02:45:36.139 height of the 02:45:36.139 --> 02:45:39.200 building so much fact we think the height helps break a 02:45:39.200 --> 02:45:39.899 buffer to the 02:45:39.899 --> 02:45:43.120 substation and the tall transmission poles are in front but 02:45:43.120 --> 02:45:44.420 rather the fact 02:45:44.420 --> 02:45:47.579 that there's not going to be anybody on the second floor 02:45:47.579 --> 02:45:48.299 there's not going to be 02:45:48.299 --> 02:45:50.879 people up there that can look over the fences into the back 02:45:50.879 --> 02:45:51.700 of the neighboring 02:45:51.700 --> 02:45:54.520 property so we're going to avoid that we're trying to put 02:45:54.520 --> 02:45:55.540 some architecture 02:45:55.540 --> 02:45:58.610 front back and sides that meet the city requirements we 02:45:58.610 --> 02:45:59.540 think the building 02:45:59.540 --> 02:46:03.069 itself is an enhancement to the site as to other uses that 02:46:03.069 --> 02:46:04.260 could be put there 02:46:04.260 --> 02:46:09.450 regardless a deviation table I don't even though we list 02:46:09.450 --> 02:46:10.299 the four things we're 02:46:10.299 --> 02:46:13.899 getting a deviation from we're not trying to go tit-for-tat 02:46:13.899 --> 02:46:14.620 we're not going 02:46:14.620 --> 02:46:16.870 straight across and saying well to alleviate this we're 02:46:16.870 --> 02:46:17.659 going to do these 02:46:17.659 --> 02:46:21.389 things we're trying as the code says put up a quality site 02:46:21.389 --> 02:46:22.739 so that site is a 02:46:22.739 --> 02:46:26.469 combination of things including the plantings one of the 02:46:26.469 --> 02:46:27.860 reasons we didn't 02:46:27.860 --> 02:46:31.729 go with as many trees as we could in the back is we didn't 02:46:31.729 --> 02:46:32.579 feel like they would 02:46:32.579 --> 02:46:35.979 accomplish it that much with the architecture of the 02:46:35.979 --> 02:46:37.260 building leaving 02:46:37.260 --> 02:46:39.979 some tree spacing some room to get around the electric 02:46:39.979 --> 02:46:41.059 lines we felt like 02:46:41.059 --> 02:46:45.229 that provided an architectural pleasing vintage versus 02:46:45.229 --> 02:46:46.780 trying to come in and just 02:46:46.780 --> 02:46:49.389 pack the place with trees not be able to grow grass 02:46:49.389 --> 02:46:51.219 underneath not doing shrubs 02:46:51.219 --> 02:46:54.000 because there's already six foot privacy fence and those 02:46:54.000 --> 02:46:55.020 wouldn't you wouldn't 02:46:55.020 --> 02:46:57.340 see them from the back the people they're trying to buffer 02:46:57.340 --> 02:46:58.700 we did act add 02:46:58.700 --> 02:47:01.500 an extra tree in the front because that was an opportunity 02:47:01.500 --> 02:47:02.780 felt like it would do 02:47:02.780 --> 02:47:05.479 more and also because with the trees allowed in the 02:47:05.479 --> 02:47:06.780 electric easement they're 02:47:06.780 --> 02:47:09.840 smaller than normal so that helped alleviate part of that 02:47:09.840 --> 02:47:10.659 condition as well 02:47:10.659 --> 02:47:15.950 trying to go for a quality site overall to meet the intent 02:47:15.950 --> 02:47:18.340 of the code this is 02:47:18.340 --> 02:47:21.700 not the most extreme use allowed for that location 02:47:21.700 --> 02:47:23.139 therefore we didn't we 02:47:23.139 --> 02:47:27.219 think that it needed the most extreme extreme version of 02:47:27.219 --> 02:47:28.139 buffers and 02:47:28.139 --> 02:47:31.569 enhancements etc that could be there it's not like we're 02:47:31.569 --> 02:47:32.620 coming in with a 02:47:32.620 --> 02:47:35.829 large grocery store mechanical equipment we're coming in 02:47:35.829 --> 02:47:36.659 with something a little 02:47:36.659 --> 02:47:39.930 more residential in nature and appearance is compatible it 02:47:39.930 --> 02:47:40.579 works a good 02:47:40.579 --> 02:47:44.770 transition architecturally size wise scale wise appearance 02:47:44.770 --> 02:47:45.860 wise between the 02:47:45.860 --> 02:47:49.250 backyards of residences that have been established for 02:47:49.250 --> 02:47:51.100 quite a while a 15-foot 02:47:51.100 --> 02:47:54.819 alley a 15-foot easement with trees in it then a building 02:47:54.819 --> 02:47:56.420 then going to parking in 02:47:56.420 --> 02:47:59.479 the front we looked at putting parking in the back but a 02:47:59.479 --> 02:48:01.100 parking lot with 02:48:01.100 --> 02:48:04.850 parking spaces on both sides require 60 feet so that eats 02:48:04.850 --> 02:48:05.899 way into our 02:48:05.899 --> 02:48:08.959 development I'm not trying to read through the list but I 02:48:08.959 --> 02:48:09.620 believe that we 02:48:09.620 --> 02:48:13.969 have at least in for the most part met the city's desires 02:48:13.969 --> 02:48:14.940 to have a quality 02:48:14.940 --> 02:48:18.360 development as an alternative development plan and address 02:48:18.360 --> 02:48:19.100 the intended 02:48:19.100 --> 02:48:21.510 purposes and desires of the code in the context of the 02:48:21.510 --> 02:48:22.620 neighborhood that we're 02:48:22.620 --> 02:48:26.100 developing in I'll be like yes I got it here questions if 02:48:26.100 --> 02:48:27.139 you have any I'll be 02:48:27.139 --> 02:48:30.290 glad to try and answer we do have a couple commissioner 02:48:30.290 --> 02:48:31.059 back thank you vice 02:48:31.059 --> 02:48:34.659 chair thank you Lee for your great presentation as usual 02:48:34.659 --> 02:48:35.540 very good 02:48:35.540 --> 02:48:39.700 presentation couldn't help but notice you were kind of 02:48:39.700 --> 02:48:40.819 moving slow coming down 02:48:40.819 --> 02:48:43.979 those stairs tonight I just want to let you know I feel 02:48:43.979 --> 02:48:45.420 your pain buddy so 02:48:45.420 --> 02:48:48.030 signed me up for Camp gladiator within a week I had a 02:48:48.030 --> 02:48:49.219 pulled muscle and I moved 02:48:49.219 --> 02:48:53.860 to the top of the list most likely to be eaten by the lions 02:48:57.780 --> 02:49:02.469 didn't notice I went over looked at the lot and I think 02:49:02.469 --> 02:49:03.979 this this development's 02:49:03.979 --> 02:49:06.739 gonna fit it right in the fact that you're doing a lot more 02:49:06.739 --> 02:49:08.899 to buffer the 02:49:08.899 --> 02:49:13.420 appearance of it and create that buffer for the parking 02:49:13.420 --> 02:49:14.899 areas there was some 02:49:14.899 --> 02:49:18.159 trees some very nice-looking trees they look like they were 02:49:18.159 --> 02:49:19.180 on that very back 02:49:19.180 --> 02:49:22.340 line back there but are they gonna have to come down they 02:49:22.340 --> 02:49:23.299 were some nice 02:49:23.299 --> 02:49:28.020 canopy trees they weren't some of our grace I believe I 02:49:28.020 --> 02:49:28.819 thought they were 02:49:28.819 --> 02:49:33.700 hickory trees I could be wrong but the fact that you're 02:49:33.700 --> 02:49:34.700 sliding trees I thought 02:49:34.700 --> 02:49:43.110 those things were right on the line could you put that 02:49:43.110 --> 02:49:44.979 picture back up that 02:49:44.979 --> 02:49:51.770 actually showed it from a sky view oh yeah yeah get on the 02:49:51.770 --> 02:49:53.459 house there that 02:49:53.459 --> 02:49:56.629 you're gonna take oh we were trying this one what happened 02:49:56.629 --> 02:49:57.799 because the dumpster 02:49:57.799 --> 02:50:00.159 regulations we couldn't be out in front so we had to push 02:50:00.159 --> 02:50:01.180 it further back and I 02:50:01.180 --> 02:50:03.430 think our dumpster got okay so it is gonna push against 02:50:03.430 --> 02:50:04.139 where you're gonna 02:50:04.139 --> 02:50:07.870 have to pull those trees down but still have to put trees 02:50:07.870 --> 02:50:08.860 up okay all right just 02:50:08.860 --> 02:50:11.920 thought I'd check on that thank you Commissioner Sullivan 02:50:11.920 --> 02:50:12.899 thank you vice 02:50:12.899 --> 02:50:16.159 chair when I initially saw this I thought to myself it's 02:50:16.159 --> 02:50:17.059 kind of like the 02:50:17.059 --> 02:50:21.139 people who go into a house buy a house take out all the 02:50:21.139 --> 02:50:22.500 carpet all the wood 02:50:22.500 --> 02:50:27.020 flooring redo the kitchen redo the living room do all the 02:50:27.020 --> 02:50:27.620 study going why 02:50:27.620 --> 02:50:30.040 did you buy the house if you're gonna be doing all these 02:50:30.040 --> 02:50:31.299 changes and that's the 02:50:31.299 --> 02:50:34.360 way I looked at this from the standpoint of well you didn't 02:50:34.360 --> 02:50:35.260 want to do this code 02:50:35.260 --> 02:50:38.040 you didn't want to do that code I'm thinking well maybe 02:50:38.040 --> 02:50:39.040 this isn't the lot 02:50:39.040 --> 02:50:42.540 for you you know kind of a thing but then when I heard the 02:50:42.540 --> 02:50:43.819 history of it the 02:50:43.819 --> 02:50:48.340 fact that zoning changed and that's why y'all have to have 02:50:48.340 --> 02:50:49.299 back parking is to 02:50:49.299 --> 02:50:53.100 the front parking like everybody else it made sense to me 02:50:53.100 --> 02:50:55.940 and so and even your 02:50:55.940 --> 02:50:58.819 explanation about because I think I made the comment about 02:50:58.819 --> 02:51:00.100 why not the trees in 02:51:00.100 --> 02:51:03.350 back if you know everybody else has trees but I understand 02:51:03.350 --> 02:51:04.180 your point of 02:51:04.180 --> 02:51:07.870 view so I think that looking at what you have to work with 02:51:07.870 --> 02:51:09.260 and the fact that it 02:51:09.260 --> 02:51:13.809 is sort of an oddball zoning situation that was changed 02:51:13.809 --> 02:51:17.340 after the fact that it 02:51:17.340 --> 02:51:20.469 looks like you've got a fairly good plan my only my biggest 02:51:20.469 --> 02:51:21.659 concern is the the 02:51:21.659 --> 02:51:25.260 parking to the south I mean what kind of an agreement y'all 02:51:25.260 --> 02:51:26.739 have with those 02:51:26.739 --> 02:51:29.850 people I mean at some point can they get mad and put a 02:51:29.850 --> 02:51:31.340 fence up and say you can't 02:51:31.340 --> 02:51:35.879 park over here anymore I have been told that there is a 02:51:35.879 --> 02:51:37.260 written agreement and we 02:51:37.260 --> 02:51:40.139 will need to provide that written agreement with our site 02:51:40.139 --> 02:51:40.940 plan process to 02:51:40.940 --> 02:51:43.549 confirm that but my understanding is a written agreement 02:51:43.549 --> 02:51:44.340 and it travels with 02:51:44.340 --> 02:51:47.559 the property and they whether there's a fence or not we can 02:51:47.559 --> 02:51:48.340 always use that 02:51:48.340 --> 02:51:51.219 common access easement that goes across the front of both 02:51:51.219 --> 02:51:52.299 to get over there to 02:51:52.299 --> 02:51:57.709 access those spaces okay thank you I did not see any other 02:51:57.709 --> 02:51:58.180 questions thank you 02:51:58.180 --> 02:52:04.209 very much thank you the vice chair will entertain any 02:52:04.209 --> 02:52:05.299 motion or there is 02:52:05.299 --> 02:52:09.299 opportunity to discuss coach Alice thank you vice chair I 02:52:09.299 --> 02:52:10.299 move approval 02:52:10.299 --> 02:52:15.700 Mr. Smith I second we have a first and a second seeing no 02:52:15.700 --> 02:52:17.579 discussion call for a 02:52:17.579 --> 02:52:20.620 vote on the board 02:52:22.299 --> 02:52:35.500 vote passes 6-0 congratulations that will take us to our 02:52:35.500 --> 02:52:37.540 public hearing first 02:52:37.540 --> 02:52:44.379 item and only item is 5 a HL 18 - 0 0 1 I will open the 02:52:44.379 --> 02:52:46.819 public hearing and Romans 02:52:46.819 --> 02:53:06.680 already here thank you chair and members of the Commission 02:53:06.680 --> 02:53:08.739 I have a request here 02:53:08.739 --> 02:53:12.909 for a historic landmark designation of a house located at 02:53:12.909 --> 02:53:15.739 607 East College Street 02:53:15.739 --> 02:53:19.360 this is a map of the area this property is located just to 02:53:19.360 --> 02:53:20.540 the east of Texas 02:53:20.540 --> 02:53:25.120 women's University and these pictures really speak for 02:53:25.120 --> 02:53:27.500 themselves you the 02:53:27.500 --> 02:53:30.299 house as it is today is on the right hand side and as it 02:53:30.299 --> 02:53:31.579 was acquired it was 02:53:31.579 --> 02:53:36.100 on the left the owners have initiated this request and it 02:53:36.100 --> 02:53:38.100 is fully rehabilitated 02:53:38.100 --> 02:53:41.510 property and property and owner occupied and it does meet 02:53:41.510 --> 02:53:42.780 the criteria several 02:53:42.780 --> 02:53:45.909 the criteria for designation as you can see from these 02:53:45.909 --> 02:53:47.340 photographs the owners 02:53:47.340 --> 02:53:51.889 have put a lot of care into this property the restorative 02:53:51.889 --> 02:53:52.620 restoration 02:53:52.620 --> 02:53:55.680 work was done very very well for this home to be around for 02:53:55.680 --> 02:53:57.459 a lot longer this 02:53:57.459 --> 02:54:01.200 home was built prior to 1926 in the Prairie craftsman style 02:54:01.200 --> 02:54:02.500 has been owned by 02:54:02.500 --> 02:54:07.780 the Boyd family for 70 some odd years and we did a lot of 02:54:07.780 --> 02:54:09.600 research trying to 02:54:09.600 --> 02:54:12.659 pinpoint act who actually built it was either built by jh 02:54:12.659 --> 02:54:14.059 and Mary Pearl Boyd or 02:54:14.059 --> 02:54:18.290 by Henry Stevens there was a loan that was assumed by mr. 02:54:18.290 --> 02:54:19.540 Boyd and with an 02:54:19.540 --> 02:54:23.229 agreement that insurance be maintained on this site if if a 02:54:23.229 --> 02:54:24.540 property was built 02:54:24.540 --> 02:54:26.770 there so it happened around that time so as you can see 02:54:26.770 --> 02:54:27.940 from these photos again 02:54:27.940 --> 02:54:32.149 the east the west side of the house it's beautifully all 02:54:32.149 --> 02:54:33.860 redone the addition that 02:54:33.860 --> 02:54:36.620 you see in the very far back there was done in the in the 02:54:36.620 --> 02:54:39.180 50s we believe and 02:54:39.180 --> 02:54:43.370 the other alteration was at the front porch here as you see 02:54:43.370 --> 02:54:44.579 it on the east on 02:54:44.579 --> 02:54:47.459 the right hand side of your image that porch was extended 02:54:47.459 --> 02:54:49.340 this is how appeared 02:54:49.340 --> 02:54:52.700 when it was acquired so you can tell that has a lot greater 02:54:52.700 --> 02:54:53.739 street presence 02:54:53.739 --> 02:54:56.750 today this shows the level of work and care put in and the 02:54:56.750 --> 02:54:58.139 siding was all me 02:54:58.139 --> 02:55:02.889 all the siding except for the lower portion where the brick 02:55:02.889 --> 02:55:04.219 is is original 02:55:04.219 --> 02:55:07.940 and the windows are all original and they were all restored 02:55:07.940 --> 02:55:09.299 as well it was an 02:55:09.299 --> 02:55:14.709 extensive work on the porch and there's the rear elevation 02:55:14.709 --> 02:55:16.899 here the interior was 02:55:16.899 --> 02:55:20.770 also completely dead done redone and modernized this area 02:55:20.770 --> 02:55:22.459 of town in the 02:55:22.459 --> 02:55:26.420 1996 historic resource survey of Denton was mentioned as an 02:55:26.420 --> 02:55:27.260 area that could be 02:55:27.260 --> 02:55:30.110 considered for an historic district though there's a 02:55:30.110 --> 02:55:31.459 mention that there is 02:55:31.459 --> 02:55:34.069 some of the integrity of the neighborhood had been lost but 02:55:34.069 --> 02:55:34.340 there are 02:55:34.340 --> 02:55:39.040 still a few homes remaining in the area this is one of them 02:55:39.040 --> 02:55:40.500 and that's one of 02:55:40.500 --> 02:55:43.329 the reasons it qualifies for designation the other is that 02:55:43.329 --> 02:55:44.780 the Boyd family was 02:55:44.780 --> 02:55:47.540 very prominent in Houston and I'm sorry in Houston in Dent 02:55:47.540 --> 02:55:50.340 on and there's a little 02:55:50.340 --> 02:55:53.399 history you can in the newspaper back then we they write a 02:55:53.399 --> 02:55:54.260 lot about a lot of 02:55:54.260 --> 02:55:57.379 things including actually a bankruptcy of mr. Boyd here but 02:55:57.379 --> 02:55:58.260 the main thing is 02:55:58.260 --> 02:56:02.809 that they had two daughters who were who went off to 02:56:02.809 --> 02:56:05.819 college and were 02:56:05.819 --> 02:56:08.879 influential in the city one of them becoming a Dean I'll 02:56:08.879 --> 02:56:09.659 show you in just a 02:56:09.659 --> 02:56:12.719 bit the the other thing I just want to mention here this 02:56:12.719 --> 02:56:13.579 house was thought to 02:56:13.579 --> 02:56:17.450 have been built by judge Boyd who we landmarked a house on 02:56:17.450 --> 02:56:19.059 North Bell near 02:56:19.059 --> 02:56:22.120 Sherman very recently by judge Bill that the thought was 02:56:22.120 --> 02:56:23.379 that he built this home 02:56:23.379 --> 02:56:26.659 for his daughters but it was actually just completely 02:56:26.659 --> 02:56:28.299 unrelated mr. Boyd this 02:56:28.299 --> 02:56:30.909 is a home in Dallas that still exists that we know from the 02:56:30.909 --> 02:56:32.620 news articles that 02:56:32.620 --> 02:56:37.500 Eleanor Boyd lived in when she was in Dallas teaching on 02:56:37.500 --> 02:56:39.180 the left here are a 02:56:39.180 --> 02:56:43.120 couple of images to fraternal organizations that mr. Boyd 02:56:43.120 --> 02:56:43.819 was active 02:56:43.819 --> 02:56:47.510 in and on the right you see that Eleanor Boyd became a 02:56:47.510 --> 02:56:48.540 member of George 02:56:48.540 --> 02:56:53.059 Washington University's faculty and then later the Dean of 02:56:53.059 --> 02:56:53.860 Women at Texas at West 02:56:53.860 --> 02:57:00.649 Texas State College then a little later in September 55 we 02:57:00.649 --> 02:57:01.459 see that mr. Boyd was 02:57:01.459 --> 02:57:04.180 up in New York visiting a brother who was a reverend and 02:57:04.180 --> 02:57:05.219 another brother in 02:57:05.219 --> 02:57:09.459 Geneva New York as you see from the pictures the home meets 02:57:09.459 --> 02:57:10.020 a number of 02:57:10.020 --> 02:57:14.590 qualifications to be considered historic property the 02:57:14.590 --> 02:57:16.700 really number 12 and 13 are 02:57:16.700 --> 02:57:20.120 most clear here value as an aspect of community pride and a 02:57:20.120 --> 02:57:20.899 building or 02:57:20.899 --> 02:57:23.680 structure that due to its location has become a value to 02:57:23.680 --> 02:57:24.659 the neighborhood 02:57:24.659 --> 02:57:30.379 community or the city and we sent out notices to 200 feet 02:57:30.379 --> 02:57:32.379 and 500 feet we 02:57:32.379 --> 02:57:36.110 didn't receive any negatives back we did receive one 02:57:36.110 --> 02:57:38.059 request of a neighbor who 02:57:38.059 --> 02:57:41.680 wants to landmark their property so there's no opposition 02:57:41.680 --> 02:57:42.940 to this designation 02:57:42.940 --> 02:57:45.790 and we recommend that the planning and zoning Commission 02:57:45.790 --> 02:57:47.020 recommend designation 02:57:47.020 --> 02:57:51.860 to the City Council I'll take any questions 02:57:52.100 --> 02:57:59.329 I don't see any questions it is a public hearing you can 02:57:59.329 --> 02:58:02.260 come to the mic 02:58:02.260 --> 02:58:07.340 but for those of my old roommate sisters house can you 02:58:07.340 --> 02:58:08.459 state your name and your 02:58:08.459 --> 02:58:13.000 address my name is Wendy Roush I live on 418 Maple Street I 02:58:13.000 --> 02:58:13.940 feel like my old 02:58:13.940 --> 02:58:16.799 roommate sister lived in this house did they perhaps rented 02:58:16.799 --> 02:58:18.860 in the 90s and if it 02:58:18.860 --> 02:58:22.610 is and it was it was built for someone nicer well-to-do man 02:58:22.610 --> 02:58:24.139 's two daughters it 02:58:24.139 --> 02:58:27.200 had beautiful work inside it and it was a lovely house and 02:58:27.200 --> 02:58:27.860 that's like the 02:58:27.860 --> 02:58:30.920 inside the windows were like is that the house I don't 02:58:30.920 --> 02:58:31.940 think this house was ever 02:58:31.940 --> 02:58:35.170 used as a rental property that might have been one because 02:58:35.170 --> 02:58:37.940 this went from the Boyd family who had it for 70 02:58:37.940 --> 02:58:41.809 years to the current owners who rehabilitated it but it was 02:58:41.809 --> 02:58:42.739 in that 600 02:58:42.739 --> 02:58:44.950 block of college it was further they'd build it for their 02:58:44.950 --> 02:58:45.739 daughter so they'd 02:58:45.739 --> 02:58:47.920 actually done a room so maybe it's another house near it 02:58:47.920 --> 02:58:48.659 that was also 02:58:48.659 --> 02:58:59.379 built very nicely so thanks for the comment Wendy just I 02:58:59.379 --> 02:59:00.260 have to request 02:59:00.260 --> 02:59:02.629 for you to fill out a card for the items that you've now 02:59:02.629 --> 02:59:04.219 spoken if you could 02:59:04.219 --> 02:59:12.700 jot that one thank thank you I do not see any questions for 02:59:12.700 --> 02:59:13.299 Roman is there any 02:59:13.299 --> 02:59:16.360 discussion where the vice chair will entertain a motion 02:59:16.360 --> 02:59:17.500 Commissioner Ellis 02:59:17.500 --> 02:59:21.370 thank you vice chair I will make a motion to approve and 02:59:21.370 --> 02:59:22.219 thank you Roman 02:59:22.219 --> 02:59:27.030 for a wonderful as always presentation Commissioner Smith I 02:59:27.030 --> 02:59:28.899 'll make a second 02:59:28.899 --> 02:59:32.620 only because of Wendy Roush's comments we do have a first 02:59:32.620 --> 02:59:34.139 and a second I do not 02:59:34.139 --> 02:59:38.209 see any requests for discussion Roman as always thanks for 02:59:38.209 --> 02:59:38.860 the presentation of 02:59:38.860 --> 02:59:41.620 these these are the easiest votes I feel on the Commission 02:59:41.620 --> 02:59:42.899 besides one earlier 02:59:42.899 --> 02:59:45.280 that one was the easiest this one's the second easiest of 02:59:45.280 --> 02:59:47.100 the night but it is a 02:59:47.100 --> 02:59:52.299 joy to approve this and we'll call for vote of the board 02:59:58.340 --> 03:00:06.139 motion passes 6-0 that takes us to our planning zoning 03:00:06.139 --> 03:00:09.340 Commission matrix and 03:00:09.340 --> 03:00:16.760 you wouldn't have any I have one it seems as though it 03:00:16.760 --> 03:00:19.299 would have been 03:00:19.299 --> 03:00:23.819 extremely helpful just for the the purpose of understanding 03:00:23.819 --> 03:00:25.180 a gen item 4a 03:00:25.180 --> 03:00:29.979 this evening to have had access to the previous ADP it 03:00:29.979 --> 03:00:30.700 seemed like we talked 03:00:30.700 --> 03:00:32.899 for an hour only to find out that the ADP said that they 03:00:32.899 --> 03:00:33.540 were capped at 03:00:33.540 --> 03:00:38.069 parking so maybe if there is in the future pertinent 03:00:38.069 --> 03:00:39.139 historical documents 03:00:39.139 --> 03:00:43.719 relevant to the item that might be it would be helpful for 03:00:43.719 --> 03:00:45.139 me to have have 03:00:45.139 --> 03:00:50.700 access to that or a link to go get it so that's all I have 03:00:52.819 --> 03:01:00.690 any other points of note for the matrix with that we will 03:01:00.690 --> 03:01:02.780 close our public 03:01:02.780 --> 03:01:06.579 hearing at 853