1 00:00:00,000 --> 00:00:02,000 [INAUDIBLE] 2 00:00:02,000 --> 00:00:02,500 Anything? 3 00:00:02,500 --> 00:00:04,000 No? 4 00:00:04,000 --> 00:00:05,000 No? 5 00:00:05,000 --> 00:00:05,500 OK. 6 00:00:08,880 --> 00:00:12,759 Item four, our one item for individual consideration, 7 00:00:12,759 --> 00:00:15,880 that has been withdrawn. 8 00:00:15,880 --> 00:00:17,679 And we don't have a date certain on that. 9 00:00:17,679 --> 00:00:19,280 So that will just have to come back 10 00:00:19,280 --> 00:00:21,199 at some point in the future. 11 00:00:21,199 --> 00:00:23,679 [INAUDIBLE] 12 00:00:23,679 --> 00:00:24,480 The one? 13 00:00:24,480 --> 00:00:25,519 The Carmel? 14 00:00:25,519 --> 00:00:26,519 Mm-hmm. 15 00:00:26,519 --> 00:00:27,019 OK. 16 00:00:27,019 --> 00:00:27,960 I didn't see it. 17 00:00:27,960 --> 00:00:28,519 All right. 18 00:00:28,519 --> 00:00:31,920 Well, it just happened here at the meeting. 19 00:00:31,920 --> 00:00:37,679 So that will take us to public hearings. 20 00:00:37,679 --> 00:00:42,520 And I will call on Haley for a presentation on item A, 21 00:00:42,520 --> 00:00:52,640 Z18-0010. 22 00:00:52,640 --> 00:00:53,280 All right. 23 00:00:53,280 --> 00:00:54,119 Good evening. 24 00:00:54,119 --> 00:00:59,119 This is case Z18-10 for a people's funeral home. 25 00:00:59,119 --> 00:01:02,359 So the request before you is to hold this public hearing 26 00:01:02,359 --> 00:01:05,000 and make a recommendation to council regarding a zoning 27 00:01:05,000 --> 00:01:07,480 change from neighborhood residential four districts 28 00:01:07,480 --> 00:01:09,799 to downtown commercial neighborhood. 29 00:01:09,799 --> 00:01:13,719 The site is a total of 0.64 acres. 30 00:01:13,719 --> 00:01:15,079 As you can see here on the map, it's 31 00:01:15,079 --> 00:01:17,319 located on the south side of Mulberry, 32 00:01:17,319 --> 00:01:20,840 north side of Sycamore. 33 00:01:20,840 --> 00:01:23,120 The property is comprised of four lots. 34 00:01:23,120 --> 00:01:25,920 One of those, as you can see here on the eastern side, 35 00:01:25,920 --> 00:01:28,000 is developed with the existing funeral home. 36 00:01:28,000 --> 00:01:30,879 The other three lots are currently vacant. 37 00:01:30,879 --> 00:01:32,519 The owner of the funeral home is seeking 38 00:01:32,519 --> 00:01:36,040 to expand the building to enlarge their chapel space 39 00:01:36,040 --> 00:01:38,280 and to add a parking lot. 40 00:01:38,280 --> 00:01:40,359 The funeral home has been in operation 41 00:01:40,359 --> 00:01:43,560 at this current location since 1974. 42 00:01:43,560 --> 00:01:45,599 But the business itself, People's Funeral Home, 43 00:01:45,599 --> 00:01:47,760 and what was previously known as Citizens' Undertaking, 44 00:01:47,760 --> 00:01:52,739 has been operational in Denton since the 1930s. 45 00:01:52,739 --> 00:01:55,680 A mortuary, which is how our code would classify a funeral 46 00:01:55,680 --> 00:01:58,719 home, is not permitted within the NR4 district or any 47 00:01:58,719 --> 00:02:01,079 of our residential districts. 48 00:02:01,079 --> 00:02:03,680 This use at this location is not considered 49 00:02:03,680 --> 00:02:07,000 a legal nonconforming or a special exception, 50 00:02:07,000 --> 00:02:09,120 because it hasn't been permitted under the zoning 51 00:02:09,120 --> 00:02:10,919 of this property in its entire history. 52 00:02:10,919 --> 00:02:14,520 Prior to the NR4 designation in 2002, 53 00:02:14,520 --> 00:02:20,439 it has been zoned SF7 or single family seven since 1969. 54 00:02:20,439 --> 00:02:22,199 The downtown commercial neighborhood district 55 00:02:22,199 --> 00:02:24,120 is the least intensive zoning district that 56 00:02:24,120 --> 00:02:25,800 would permit a funeral home use. 57 00:02:28,680 --> 00:02:31,120 Just looking at what's proposed for the site, 58 00:02:31,120 --> 00:02:33,159 this is the concept plan as we've seen it now. 59 00:02:33,159 --> 00:02:35,840 So they have just over 3,200 square feet 60 00:02:35,840 --> 00:02:37,039 in the current building. 61 00:02:37,039 --> 00:02:40,080 They're looking to add approximately 2,500 square feet 62 00:02:40,080 --> 00:02:41,479 for the chapel. 63 00:02:41,479 --> 00:02:44,120 Currently, they only have two on-site parking spaces, which 64 00:02:44,120 --> 00:02:46,120 are these two shown here along Mulberry. 65 00:02:46,120 --> 00:02:48,400 So they're looking to add a parking lot 66 00:02:48,400 --> 00:02:51,680 for a total of 25 spaces. 67 00:02:51,680 --> 00:02:53,919 And they are proposing appropriate landscape buffers 68 00:02:53,919 --> 00:02:57,240 along the Western property line, the eastern side here, 69 00:02:57,240 --> 00:02:58,840 and along the south side of the building. 70 00:03:01,879 --> 00:03:05,000 So in looking at this, staff has two criteria for approval 71 00:03:05,000 --> 00:03:06,719 generally for rezoning conformity 72 00:03:06,719 --> 00:03:09,020 to the future land use plan and then the facilitation 73 00:03:09,020 --> 00:03:10,759 of infrastructure. 74 00:03:10,759 --> 00:03:13,879 When an application does not meet the future land use 75 00:03:13,879 --> 00:03:16,639 designation, we are given additional criteria. 76 00:03:16,639 --> 00:03:19,000 And those are all outlined and gone through in-depth 77 00:03:19,000 --> 00:03:20,080 in your staff analysis. 78 00:03:20,080 --> 00:03:22,960 So I'll just kind of breeze through some of the highlights 79 00:03:22,960 --> 00:03:25,000 of that discussion. 80 00:03:25,000 --> 00:03:27,039 The future land use designation for the property 81 00:03:27,039 --> 00:03:29,919 is low-density residential, as you're all familiar with, 82 00:03:29,919 --> 00:03:33,719 that typically permits between one and four units per acre. 83 00:03:33,719 --> 00:03:35,599 Churches and places of worship are permitted 84 00:03:35,599 --> 00:03:38,000 within the residential districts. 85 00:03:38,000 --> 00:03:39,879 And a funeral home, if you look at the land use 86 00:03:39,879 --> 00:03:42,879 and the functionality of it, is similar to those uses. 87 00:03:42,879 --> 00:03:44,919 But the use is not directly permitted 88 00:03:44,919 --> 00:03:47,120 under the current zoning. 89 00:03:47,120 --> 00:03:51,080 DCN is not consistent with this future land use designation 90 00:03:51,080 --> 00:03:51,360 . 91 00:03:51,360 --> 00:03:53,520 It does permit a wide variety of commercial uses 92 00:03:53,520 --> 00:03:54,840 as well as multifamily. 93 00:03:56,080 --> 00:03:58,919 But I did want to point out our comprehensive plan 94 00:03:58,919 --> 00:04:00,960 does call for the preservation of the character 95 00:04:00,960 --> 00:04:02,199 of existing neighborhoods. 96 00:04:02,199 --> 00:04:04,240 Given the longstanding history that was outlined 97 00:04:04,240 --> 00:04:06,900 in your staff report, based on our research, 98 00:04:06,900 --> 00:04:09,620 we felt that this funeral home is probably an integral part 99 00:04:09,620 --> 00:04:10,699 of this neighborhood character. 100 00:04:10,699 --> 00:04:13,360 It's been in operation for over 40 years. 101 00:04:13,360 --> 00:04:15,360 And just from stories we've heard from, 102 00:04:15,360 --> 00:04:18,120 not just the owner, but people who have frequented 103 00:04:18,120 --> 00:04:20,360 the funeral home, it is an integral part 104 00:04:20,360 --> 00:04:22,160 of that Solomon Hills neighborhood. 105 00:04:25,600 --> 00:04:27,120 - Commissioner Ellis. - Thank you, Chair. 106 00:04:27,120 --> 00:04:30,199 So Haley, at this location, it's been operational since '74 107 00:04:30,199 --> 00:04:30,439 . 108 00:04:30,439 --> 00:04:31,279 Is that correct? - Yes. 109 00:04:31,279 --> 00:04:33,600 Yes, as best we could tell. 110 00:04:33,600 --> 00:04:35,180 - Commissioner Sanchez. 111 00:04:35,180 --> 00:04:37,240 - Okay, but you go back to 1930. 112 00:04:37,240 --> 00:04:39,920 It calls for a funeral home, 113 00:04:39,920 --> 00:04:44,220 and I also called it a funeral parlor. 114 00:04:44,220 --> 00:04:45,439 What's the difference? 115 00:04:45,439 --> 00:04:48,040 I always heard growing up, we either called it 116 00:04:48,040 --> 00:04:50,959 a funeral home or a funeral parlor, 117 00:04:50,959 --> 00:04:53,360 back in the '60s. 118 00:04:53,360 --> 00:04:55,839 So what's the difference between a mortuary 119 00:04:55,839 --> 00:04:59,019 and a funeral home and a funeral parlor? 120 00:05:00,079 --> 00:05:01,839 - Really, they're all describing the same thing. 121 00:05:01,839 --> 00:05:04,879 Mortuary is the technical term our code uses for that use. 122 00:05:04,879 --> 00:05:07,439 - So it really goes back to 1930. 123 00:05:07,439 --> 00:05:09,319 - Not at this location. 124 00:05:09,319 --> 00:05:12,439 Citizens Undertaking is the same business entity, 125 00:05:12,439 --> 00:05:15,199 and that operated back on Hickory Street, I believe, 126 00:05:15,199 --> 00:05:16,839 was its original location. 127 00:05:16,839 --> 00:05:20,720 And then through the Quaker Town and the history 128 00:05:20,720 --> 00:05:23,319 of the relocation to this area 129 00:05:23,319 --> 00:05:24,600 for the Solomon Hills neighborhood 130 00:05:24,600 --> 00:05:26,959 is when the funeral home was relocated 131 00:05:26,959 --> 00:05:28,439 kind of as part of that transition. 132 00:05:28,439 --> 00:05:30,480 - I must've missed that, 'cause I thought it was all part 133 00:05:30,480 --> 00:05:33,399 within that Solomon-- 134 00:05:33,399 --> 00:05:35,279 - No, the original funeral home was located 135 00:05:35,279 --> 00:05:36,839 on Hickory Street, I believe. 136 00:05:39,920 --> 00:05:42,639 So just kind of continuing with our thought process 137 00:05:42,639 --> 00:05:46,079 on this case, DCN is not compatible 138 00:05:46,079 --> 00:05:46,959 with the surrounding zoning. 139 00:05:46,959 --> 00:05:48,399 As you can see here, it would kind of be 140 00:05:48,399 --> 00:05:52,000 this isolated pocket within the subdivision. 141 00:05:52,000 --> 00:05:54,600 Some of our concerns with DCN are that it does permit 142 00:05:54,600 --> 00:05:55,720 a wide variety of uses. 143 00:05:55,720 --> 00:05:58,480 Densities allowed at up to 72 units per acre, 144 00:05:58,480 --> 00:06:01,000 and buildings can go up to 100 feet in height. 145 00:06:01,000 --> 00:06:03,879 So DCN alone could be-- 146 00:06:06,279 --> 00:06:07,480 - Jesus is trying to help. 147 00:06:09,720 --> 00:06:12,439 - So a straight rezoning to DCN could really be a catalyst 148 00:06:12,439 --> 00:06:14,399 for a lot of change in this neighborhood. 149 00:06:14,399 --> 00:06:15,720 It could start chipping away at the fabric 150 00:06:15,720 --> 00:06:16,959 of the neighborhood. 151 00:06:16,959 --> 00:06:19,319 So for that reason, we felt overlay restrictions 152 00:06:19,319 --> 00:06:21,519 would probably be very appropriate here 153 00:06:21,519 --> 00:06:24,040 to restrict the uses back to mortuary 154 00:06:24,040 --> 00:06:25,680 and to limit that building height. 155 00:06:27,879 --> 00:06:28,879 As I mentioned, it would kind of be 156 00:06:28,879 --> 00:06:31,160 an isolated pocket of DCN. 157 00:06:31,160 --> 00:06:33,399 However, in looking at how the site would develop 158 00:06:33,399 --> 00:06:34,959 under the concept plan they've shown, 159 00:06:34,959 --> 00:06:36,720 they do have adequate space on the site 160 00:06:36,720 --> 00:06:39,199 to provide for buffers and landscaping screening 161 00:06:39,199 --> 00:06:40,959 for the parking lot, 162 00:06:40,959 --> 00:06:43,600 which would kind of protect the surrounding homes. 163 00:06:43,600 --> 00:06:46,279 And the expansion would also be serving 164 00:06:46,279 --> 00:06:47,279 the public good, if you will, 165 00:06:47,279 --> 00:06:50,040 because currently there is only two spaces on site. 166 00:06:50,040 --> 00:06:52,360 They hold services pretty frequently, 167 00:06:52,360 --> 00:06:54,319 and my understanding is that people are parking 168 00:06:54,319 --> 00:06:56,279 for blocks around when that occurs. 169 00:06:56,279 --> 00:06:58,519 So this would take some of that traffic off the streets 170 00:06:58,519 --> 00:07:00,279 and enhance the safety of the area. 171 00:07:02,600 --> 00:07:04,639 Again, just the funeral homes history on the site 172 00:07:04,639 --> 00:07:08,560 is over 40 years, so we didn't see how the continuation 173 00:07:08,560 --> 00:07:11,319 of the use and even the expansion with the buffers 174 00:07:11,319 --> 00:07:14,439 that they're proposing would really be injuries 175 00:07:14,439 --> 00:07:15,399 to the neighborhood. 176 00:07:17,240 --> 00:07:20,000 We also wanted to point out that this has been 177 00:07:20,000 --> 00:07:20,839 a known facility. 178 00:07:20,839 --> 00:07:23,560 We don't have a permitting history for it, 179 00:07:23,560 --> 00:07:25,639 but it has been known and operational in the city 180 00:07:25,639 --> 00:07:27,720 for over 40 years, and there have been no actions 181 00:07:27,720 --> 00:07:29,879 that we could find in our records where the city 182 00:07:29,879 --> 00:07:32,040 has ever made an effort to shut down the use, 183 00:07:32,040 --> 00:07:34,600 even though it was not legally permitted at the site. 184 00:07:35,600 --> 00:07:38,439 Also, when the citywide rezoning occurred in 2002, 185 00:07:38,439 --> 00:07:39,439 the use was known. 186 00:07:39,439 --> 00:07:41,040 It was not addressed at the time, 187 00:07:41,040 --> 00:07:42,720 so we continued the nonconformity 188 00:07:42,720 --> 00:07:44,720 and the illegal nonconformity with that. 189 00:07:46,839 --> 00:07:48,639 Just looking at the other criteria for approval 190 00:07:48,639 --> 00:07:51,079 I mentioned in terms of access and infrastructure, 191 00:07:51,079 --> 00:07:52,720 there is adequate access to the site. 192 00:07:52,720 --> 00:07:54,480 As you saw, their driveway would punch through 193 00:07:54,480 --> 00:07:57,319 from Mulberry to Sycamore, and then water 194 00:07:57,319 --> 00:07:59,800 and sewer services are already provided to the site 195 00:07:59,800 --> 00:08:01,240 and would still be available. 196 00:08:02,720 --> 00:08:04,240 Notices were sent regarding the case. 197 00:08:04,240 --> 00:08:07,199 We received one written response in opposition 198 00:08:07,199 --> 00:08:10,160 that was included in your backup, as well as one in favor. 199 00:08:11,120 --> 00:08:12,959 And the applicant did hold a neighborhood meeting 200 00:08:12,959 --> 00:08:13,779 on June 9th. 201 00:08:13,779 --> 00:08:15,480 They had, I believe, eight to nine people 202 00:08:15,480 --> 00:08:17,279 attend the meeting, and there was no opposition 203 00:08:17,279 --> 00:08:18,560 expressed at that time. 204 00:08:20,279 --> 00:08:23,120 So to conclude, just given the uniqueness of the request 205 00:08:23,120 --> 00:08:24,560 and the history that we've outlined here, 206 00:08:24,560 --> 00:08:26,600 staff found that the rezoning to DCN 207 00:08:26,600 --> 00:08:29,519 could be appropriate with strict overlay conditions. 208 00:08:30,800 --> 00:08:32,320 And those conditions that we've proposed 209 00:08:32,320 --> 00:08:34,840 would be permitted uses within DCN 210 00:08:34,840 --> 00:08:37,360 would be restricted to only mortuaries 211 00:08:37,360 --> 00:08:40,720 to keep multifamily or anything else 212 00:08:40,720 --> 00:08:42,000 that could be injurious to the neighborhood 213 00:08:42,000 --> 00:08:43,879 from going in there, and then also limiting 214 00:08:43,879 --> 00:08:45,960 the building height to one story, 215 00:08:45,960 --> 00:08:49,240 which is compatible with what the applicants proposed 216 00:08:49,240 --> 00:08:51,159 in that concept plan that you saw. 217 00:08:51,159 --> 00:08:53,919 And I'd be happy to answer any other questions. 218 00:08:53,919 --> 00:08:54,960 - Commissioner Back. 219 00:08:54,960 --> 00:08:55,779 - Thank you, Chair. 220 00:08:55,779 --> 00:08:56,620 Thanks, Haley. 221 00:08:56,620 --> 00:08:58,440 As I indicated to you earlier, I thought you did 222 00:08:58,440 --> 00:09:01,120 an excellent job putting this thing together 223 00:09:01,120 --> 00:09:04,480 as far as pointing out how the city can't drop the ball 224 00:09:04,480 --> 00:09:07,399 in this year's back and how you've left us an open 225 00:09:07,399 --> 00:09:10,759 go with this, but I am, and I was trying to find it here, 226 00:09:10,759 --> 00:09:13,120 scramble in the last minute, and I don't mean to put 227 00:09:13,120 --> 00:09:15,440 Jerry on the spot or legal or anything like that, 228 00:09:15,440 --> 00:09:20,440 but I'm curious why, because this obviously was a screw-up 229 00:09:21,960 --> 00:09:24,879 on the part of the city back in time for whatever reason, 230 00:09:24,879 --> 00:09:28,480 we can only speculate, but why we couldn't go forward 231 00:09:28,480 --> 00:09:31,639 with either a variance through ZBA 232 00:09:31,639 --> 00:09:34,919 or consider this special use. 233 00:09:34,919 --> 00:09:38,919 I mean, what was the legal problem there for-- 234 00:09:38,919 --> 00:09:41,559 - Use variances are illegal in Texas, 235 00:09:41,559 --> 00:09:46,559 and so you cannot authorize a particular use 236 00:09:47,120 --> 00:09:50,120 at the ZBA with a variance. 237 00:09:50,120 --> 00:09:55,120 You can only vary things like if there's a maximum height 238 00:09:55,899 --> 00:09:58,799 for a building or a side yard setback 239 00:09:58,799 --> 00:10:01,580 or something of that nature, ZBA can look 240 00:10:01,580 --> 00:10:04,559 at changing the standards that are applicable 241 00:10:04,559 --> 00:10:09,320 to the given zoning and the given use, 242 00:10:09,320 --> 00:10:11,480 but they cannot authorize a use that's not 243 00:10:11,480 --> 00:10:14,440 specifically authorized by the existing zoning. 244 00:10:14,440 --> 00:10:16,480 - And our hands are tied as far as doing 245 00:10:16,480 --> 00:10:18,759 a one-time special use of this. 246 00:10:18,759 --> 00:10:22,179 And the reason I bring it up here is I don't have 247 00:10:22,179 --> 00:10:25,519 a problem with this, I'm planning on approving this thing. 248 00:10:25,519 --> 00:10:28,000 It has been there a while, it's part of the culture over 249 00:10:28,000 --> 00:10:28,600 there, 250 00:10:28,600 --> 00:10:32,240 but I'm concerned about the future, 251 00:10:32,240 --> 00:10:35,639 making sure we don't make another egregious oversight 252 00:10:35,639 --> 00:10:38,080 like this, so I was gonna, as you know, 253 00:10:38,080 --> 00:10:39,879 I was gonna suggest an added amendment, 254 00:10:39,879 --> 00:10:43,120 which probably isn't gonna be germane 255 00:10:43,120 --> 00:10:46,159 to the way things run, so that's fine. 256 00:10:46,159 --> 00:10:49,679 But you did suggest something, and I'll go ahead 257 00:10:49,679 --> 00:10:51,159 and make that in the public hearing, 258 00:10:51,159 --> 00:10:56,100 but I am concerned that somehow we protect this 259 00:10:56,100 --> 00:10:56,159 neighborhood 260 00:10:56,879 --> 00:11:00,120 from future instances that would allow commercial 261 00:11:00,120 --> 00:11:02,720 non-residential development to encroach 262 00:11:02,720 --> 00:11:04,080 in this neighborhood, so. 263 00:11:04,080 --> 00:11:07,720 - Right, clearly it's not an ideal situation 264 00:11:07,720 --> 00:11:12,720 that we would ordinarily base a rezoning case on, 265 00:11:13,000 --> 00:11:17,600 but there's some rather unusual facts in here 266 00:11:17,600 --> 00:11:22,600 because the citywide rezoning should have picked this up. 267 00:11:22,799 --> 00:11:26,559 And there are a lot of uses that got adjusted 268 00:11:26,559 --> 00:11:31,559 because of the citywide rezoning in 1969 and then in 2002. 269 00:11:32,200 --> 00:11:34,399 And those were both based upon comp plans 270 00:11:34,399 --> 00:11:37,960 that didn't pick this up, but as reflected 271 00:11:37,960 --> 00:11:42,960 in the staff report, there are a number of considerations 272 00:11:44,639 --> 00:11:49,440 and policies that were voiced in the 1999 comprehensive 273 00:11:49,440 --> 00:11:49,639 plan 274 00:11:50,639 --> 00:11:55,639 that do support the idea of recognizing this use, 275 00:11:55,980 --> 00:12:00,980 and in considering the zoning, the future land use 276 00:12:03,279 --> 00:12:06,080 is only one component of our comprehensive plan. 277 00:12:06,080 --> 00:12:10,759 There are numerous features of our comprehensive plan, 278 00:12:10,759 --> 00:12:14,039 and among those are the policies that underlie 279 00:12:14,039 --> 00:12:16,240 how we establish zoning and defend 280 00:12:16,240 --> 00:12:18,639 the comprehensive plan itself. 281 00:12:18,639 --> 00:12:19,720 - Okay, thank you. 282 00:12:21,440 --> 00:12:26,440 Is either Clifton Maxfield or Johnny Brownfield 283 00:12:27,440 --> 00:12:28,799 gonna be here? 284 00:12:28,799 --> 00:12:30,639 - I believe they both plan to attend the meeting tonight. 285 00:12:30,639 --> 00:12:31,799 - Okay, good, thank you. 286 00:12:35,879 --> 00:12:38,519 - If you don't mind, would you go back to the site plan 287 00:12:38,519 --> 00:12:41,679 that has the actual parking lot and all the landscaping? 288 00:12:43,679 --> 00:12:47,039 All the buffering, is that a function of the zoning 289 00:12:47,039 --> 00:12:50,240 or the parking lot requirements? 290 00:12:50,240 --> 00:12:53,360 - Yeah, so the landscaping you see here along Mulberry 291 00:12:53,360 --> 00:12:54,679 would be to screen the parking lot, 292 00:12:54,679 --> 00:12:56,919 similarly here on Sycamore. 293 00:12:56,919 --> 00:12:59,240 The buffers on the east and west sides 294 00:12:59,240 --> 00:13:01,360 and here along the south would be to satisfy 295 00:13:01,360 --> 00:13:03,039 the requirement for compatibility buffers 296 00:13:03,039 --> 00:13:05,580 between a commercial and a residential zoning. 297 00:13:08,799 --> 00:13:10,720 - Is there any way we can lessen some of that, 298 00:13:10,720 --> 00:13:13,120 or is that something that's beyond our purview? 299 00:13:14,919 --> 00:13:17,399 - With a rezoning, I'm not sure that that would be 300 00:13:17,399 --> 00:13:18,240 applicable. 301 00:13:18,240 --> 00:13:20,159 The buffer provisions are actually something in the code 302 00:13:20,159 --> 00:13:23,639 that staff is allowed to approve alternatives to. 303 00:13:23,639 --> 00:13:26,299 So this is what they've presented as their best attempt 304 00:13:26,299 --> 00:13:29,360 to just outright meet the code requirements. 305 00:13:29,360 --> 00:13:32,480 But during site plan, if they do run into some tight spots 306 00:13:32,480 --> 00:13:35,080 on the site, that is something that staff could look at 307 00:13:35,080 --> 00:13:36,639 and possibly approve alternatives to 308 00:13:36,639 --> 00:13:38,879 without them having to come back for an ADP. 309 00:13:40,679 --> 00:13:41,919 - Well, that's kind of where I'm going, 310 00:13:41,919 --> 00:13:46,519 is I'm sure they designed this to meet the code. 311 00:13:46,519 --> 00:13:48,320 And I didn't know if there was any discussion 312 00:13:48,320 --> 00:13:50,600 just in looking at there's quite a bit of landscaping there 313 00:13:50,600 --> 00:13:52,759 if they were given the option or if there was any 314 00:13:52,759 --> 00:13:53,320 discussion 315 00:13:53,320 --> 00:13:55,879 based on kind of what the area looks like 316 00:13:55,879 --> 00:14:00,080 of still doing some landscape, but maybe not that much. 317 00:14:00,080 --> 00:14:03,159 And so that was just the kind of a point to throw out 318 00:14:03,159 --> 00:14:04,559 or question to ask. 319 00:14:04,559 --> 00:14:07,399 - Yeah, so far I haven't heard an indication from them 320 00:14:07,399 --> 00:14:10,159 that they're opposed to providing all of the landscaping 321 00:14:10,159 --> 00:14:12,480 as is required, but I'm sure that's something 322 00:14:12,480 --> 00:14:15,720 that we could be open to if they do have a need 323 00:14:15,720 --> 00:14:18,159 to reduce landscaping in some areas. 324 00:14:18,159 --> 00:14:20,559 - Okay, all right. 325 00:14:20,559 --> 00:14:21,960 Anybody else on this item? 326 00:14:23,879 --> 00:14:26,159 Okay, Commissioner Ellis. 327 00:14:26,159 --> 00:14:27,000 - Thank you, Chair. 328 00:14:27,000 --> 00:14:29,559 Real quick, Haley, so they're keeping the existing building 329 00:14:29,559 --> 00:14:30,919 and just adding the addition? 330 00:14:30,919 --> 00:14:32,159 - That's correct. 331 00:14:33,399 --> 00:14:38,120 Now I have the, yeah, so this would be what they're 332 00:14:38,120 --> 00:14:38,399 proposing. 333 00:14:38,480 --> 00:14:41,000 So this would be the existing structure here 334 00:14:41,000 --> 00:14:43,600 with just a very consistent addition to the side 335 00:14:43,600 --> 00:14:46,500 to make it look like it was all designed together. 336 00:14:46,500 --> 00:14:49,039 Just some minor updates to the front of the building 337 00:14:50,120 --> 00:14:51,440 here with the awnings and things like that 338 00:14:51,440 --> 00:14:53,700 that you see on the bottom picture. 339 00:14:58,519 --> 00:15:00,720 - Any other questions for Haley on this one? 340 00:15:02,759 --> 00:15:05,519 Okay, we have the next one as well. 341 00:15:05,519 --> 00:15:07,919 So nobody else has any questions? 342 00:15:07,919 --> 00:15:12,440 Let's move on to item B, and Haley has that item as well. 343 00:15:16,679 --> 00:15:19,600 (papers rustling) 344 00:15:19,600 --> 00:15:22,720 - So this request is for a PD amendment 345 00:15:22,720 --> 00:15:25,519 to adopt a detail plan for the clean and green car wash. 346 00:15:27,159 --> 00:15:29,440 So you can see the property outlined here in yellow. 347 00:15:29,440 --> 00:15:32,320 As I mentioned, the request is for a detail plan 348 00:15:32,320 --> 00:15:34,840 for a site that's within plan development 176, 349 00:15:34,840 --> 00:15:36,840 otherwise known as Wheeler Ridge, 350 00:15:36,840 --> 00:15:40,419 to depict an auto laundry facility, our 91 code, 351 00:15:40,419 --> 00:15:41,679 rather than calling it a car wash, 352 00:15:41,679 --> 00:15:45,639 called it an auto laundry, so hence the odd term there. 353 00:15:45,639 --> 00:15:47,639 The property is just over two acres, 354 00:15:47,639 --> 00:15:50,360 and as you can see, it's located along this new expansion 355 00:15:50,360 --> 00:15:53,500 of FM 2499, just north of Hickory Creek Road. 356 00:15:55,919 --> 00:15:57,360 The future land use for this area 357 00:15:57,360 --> 00:15:59,879 is low density residential, which as we just talked about, 358 00:15:59,879 --> 00:16:02,080 is intended for that one to four units per acre 359 00:16:02,080 --> 00:16:04,080 of single family development. 360 00:16:04,080 --> 00:16:06,960 So while this request is not directly conformed to that, 361 00:16:06,960 --> 00:16:09,440 I wanted to point out that the, 362 00:16:09,440 --> 00:16:13,360 since the concept plan for this PD was adopted in the '90s, 363 00:16:13,360 --> 00:16:16,240 this site has been designated for commercial development. 364 00:16:16,240 --> 00:16:18,759 They anticipated FM 2499 going through, 365 00:16:18,759 --> 00:16:20,840 it just, the site hasn't been right for development 366 00:16:20,840 --> 00:16:23,620 until that road was fully extended. 367 00:16:25,480 --> 00:16:27,340 So as I mentioned, the current zoning, 368 00:16:27,340 --> 00:16:30,000 this site is part of PD 176. 369 00:16:30,000 --> 00:16:32,840 You can see this area of town has numerous PDs, 370 00:16:32,840 --> 00:16:35,159 many of which kind of overlap, 371 00:16:35,159 --> 00:16:37,960 and got adopted and pulled in together. 372 00:16:37,960 --> 00:16:40,600 The PD process does require both a concept plan 373 00:16:40,600 --> 00:16:42,279 and a detail plan be approved. 374 00:16:42,279 --> 00:16:46,080 The concept plan for this site was adopted in 1999. 375 00:16:46,080 --> 00:16:49,320 And at the time, the site was designated for commercial 376 00:16:49,320 --> 00:16:52,039 and any use permitted in the 1991 code 377 00:16:52,039 --> 00:16:54,320 for commercial zoning was going to be permitted there. 378 00:16:54,320 --> 00:16:56,600 So auto laundry was among that list. 379 00:16:58,679 --> 00:17:01,240 Looking at what they've proposed for their detail plan, 380 00:17:01,240 --> 00:17:03,960 they have about 4,400 square feet of building area, 381 00:17:03,960 --> 00:17:05,740 which is outlined in yellow. 382 00:17:05,740 --> 00:17:07,279 They do have one driveway, 383 00:17:07,279 --> 00:17:08,839 which I believe they intend to share 384 00:17:08,839 --> 00:17:10,839 with whatever may develop on the northern part 385 00:17:10,839 --> 00:17:12,079 of the site in the future. 386 00:17:13,519 --> 00:17:16,480 They're proposing six staff and customer parking spaces 387 00:17:16,480 --> 00:17:20,000 and a total of 20 vacuums here on the south side 388 00:17:20,000 --> 00:17:22,680 that would be developed immediately. 389 00:17:22,680 --> 00:17:24,400 And then they have an area called out 390 00:17:24,400 --> 00:17:27,200 for five future vacuum stalls to be added in the future. 391 00:17:29,880 --> 00:17:32,200 What they've proposed for building materials 392 00:17:32,200 --> 00:17:35,000 is a combination of fiber cement panels, glass, 393 00:17:35,000 --> 00:17:38,299 and an architectural grade aluminum panel. 394 00:17:38,299 --> 00:17:40,279 The PD permits a variety of materials, 395 00:17:40,279 --> 00:17:42,759 glass, stones, stucco, tile, concrete, wood, 396 00:17:42,759 --> 00:17:44,619 or any similar material. 397 00:17:46,240 --> 00:17:48,000 And the total building height, 398 00:17:48,000 --> 00:17:49,559 in case you were wondering here on the tower, 399 00:17:49,559 --> 00:17:52,160 is just over, I believe it's right at 30 feet tall. 400 00:17:53,259 --> 00:17:54,279 - Commissioner Beck. 401 00:17:54,279 --> 00:17:57,000 - What is the maximum allowable height on that? 402 00:17:57,000 --> 00:17:58,920 - It permitted up to 100 feet. 403 00:17:58,920 --> 00:18:00,160 - Is it? 404 00:18:00,160 --> 00:18:01,000 Okay, thank you. 405 00:18:04,599 --> 00:18:07,880 - So just a look at the other sides of the building here. 406 00:18:07,880 --> 00:18:10,279 It's a common theme all the way around. 407 00:18:10,279 --> 00:18:13,240 The landscaping, according to the PD, 408 00:18:13,240 --> 00:18:15,599 was to follow the, whatever landscaping ordinance 409 00:18:15,599 --> 00:18:19,109 was in place at the time, which was the 1998 landscape code 410 00:18:19,109 --> 00:18:19,359 . 411 00:18:19,359 --> 00:18:23,000 So this resulted in, based on the lot area, 412 00:18:23,000 --> 00:18:26,440 the need for 27 trees and 33 shrubs to be added, 413 00:18:26,440 --> 00:18:28,539 which is what they've proposed here. 414 00:18:28,539 --> 00:18:32,039 Overall landscaping for the site would be 39%. 415 00:18:32,039 --> 00:18:34,160 The key feature of the landscaping I wanted to point out 416 00:18:34,160 --> 00:18:37,240 is a buffer area on the south side. 417 00:18:37,240 --> 00:18:40,880 So there are numerous existing tall trees in this area. 418 00:18:40,880 --> 00:18:44,440 They're proposing to keep as many of those as possible. 419 00:18:44,440 --> 00:18:46,759 They're providing a six foot masonry wall, 420 00:18:46,759 --> 00:18:48,559 which is called for in the PD here 421 00:18:48,559 --> 00:18:50,720 on just the north side of that landscaping. 422 00:18:50,720 --> 00:18:52,440 So the trees will face the residences. 423 00:18:52,440 --> 00:18:55,279 And then they are adding eight additional trees 424 00:18:55,279 --> 00:18:56,880 to further enhance that buffer. 425 00:18:59,420 --> 00:19:02,039 So as I mentioned, in the '91 code, 426 00:19:02,039 --> 00:19:05,099 it was one of the criteria for approval of the detail plan 427 00:19:05,099 --> 00:19:07,279 was that it comply with the concept plan. 428 00:19:07,279 --> 00:19:10,829 So here we can see the concept plan for this adopted in 429 00:19:10,829 --> 00:19:12,000 1999. 430 00:19:12,000 --> 00:19:14,160 The subject property is the southern half 431 00:19:14,160 --> 00:19:15,599 of this tract outlined in red, 432 00:19:15,599 --> 00:19:17,599 which was called for commercial. 433 00:19:18,920 --> 00:19:20,920 So this being a commercial development, 434 00:19:20,920 --> 00:19:23,119 it is in conformance with the concept plan. 435 00:19:25,099 --> 00:19:27,759 The other criteria for detail plan approval 436 00:19:27,759 --> 00:19:29,819 was that the plan provided a compatible arrangement 437 00:19:29,819 --> 00:19:32,720 of buildings and land uses that wouldn't adversely affect 438 00:19:32,720 --> 00:19:35,960 adjoining neighborhood or properties outside 439 00:19:35,960 --> 00:19:38,019 the boundaries of the plan. 440 00:19:38,019 --> 00:19:40,480 So this development is in line with what would typically 441 00:19:40,480 --> 00:19:44,079 be seen along primary arterial, such as 2499. 442 00:19:44,079 --> 00:19:46,119 They are maintaining that existing tree line, as I 443 00:19:46,119 --> 00:19:46,839 mentioned, 444 00:19:46,839 --> 00:19:48,859 and then adding the required wall, 445 00:19:48,859 --> 00:19:51,920 as well as some new trees to help screen and buffer 446 00:19:51,920 --> 00:19:54,839 between this and the adjoining residences to the south. 447 00:19:54,839 --> 00:19:56,440 On the west side of the property, 448 00:19:56,440 --> 00:19:59,680 there is a approximately 175 feet of separation 449 00:19:59,680 --> 00:20:01,559 created by those power line easements. 450 00:20:01,559 --> 00:20:03,839 And then they're furthering the separation of the building 451 00:20:03,839 --> 00:20:05,759 by locating their detention pond, 452 00:20:05,759 --> 00:20:08,220 as well as some landscaping behind the building. 453 00:20:09,559 --> 00:20:11,400 Staff did have concerns in looking at this 454 00:20:11,400 --> 00:20:14,079 with regards to lighting and signage. 455 00:20:14,079 --> 00:20:16,519 Lighting is loosely addressed in the PD regulations 456 00:20:16,519 --> 00:20:18,299 and signage not at all. 457 00:20:18,299 --> 00:20:20,960 So we felt that there may be some room for concern there 458 00:20:20,960 --> 00:20:22,920 with how the lights and glare from the site 459 00:20:22,920 --> 00:20:24,680 could affect surrounding properties. 460 00:20:26,119 --> 00:20:28,400 Another other criteria-- - Commissioner Sanchez. 461 00:20:28,400 --> 00:20:30,680 - In considering the neighborhood as far as lighting 462 00:20:30,680 --> 00:20:33,160 or the neighbors, another consideration I think 463 00:20:33,160 --> 00:20:36,279 that should be given is the safety of people in there, 464 00:20:36,279 --> 00:20:39,359 not keep it so dark if it is approved, 465 00:20:39,359 --> 00:20:42,299 that people don't feel safe going in there. 466 00:20:42,299 --> 00:20:45,160 So it should be balanced. - Certainly. 467 00:20:45,160 --> 00:20:47,480 - Not just the neighbors, but also the safety 468 00:20:47,480 --> 00:20:50,000 of the people utilizing the-- 469 00:20:50,000 --> 00:20:53,839 - Yes, and with the criteria that we've proposed, 470 00:20:53,839 --> 00:20:55,559 as you'll see, we're proposing that they comply 471 00:20:55,559 --> 00:20:57,500 with current lighting standards for the site, 472 00:20:57,500 --> 00:20:59,660 which does allow for adequate safety 473 00:20:59,660 --> 00:21:02,359 within the property, it just restricts how bright 474 00:21:02,359 --> 00:21:04,359 it can be on the edges of the property. 475 00:21:08,240 --> 00:21:11,720 So yeah, the other criteria, adequate and safe circulation 476 00:21:11,720 --> 00:21:13,599 of vehicular traffic, as you saw, they have just 477 00:21:13,599 --> 00:21:15,759 that one drive aisle that would provide kind of a one-way 478 00:21:15,759 --> 00:21:18,400 loop around and through the property. 479 00:21:18,400 --> 00:21:20,799 Then they are restricting the access off of 2499 480 00:21:20,799 --> 00:21:22,359 by having that shared driveway. 481 00:21:23,799 --> 00:21:26,440 We did find that the plan was in substantial conformance 482 00:21:26,440 --> 00:21:29,160 with the city's regulations and the PD regulations. 483 00:21:30,660 --> 00:21:32,920 Notices were sent regarding this request. 484 00:21:32,920 --> 00:21:34,920 A couple of those were included in your backup, 485 00:21:34,920 --> 00:21:37,480 and then before the meeting, I placed a few more 486 00:21:37,480 --> 00:21:39,799 that had been received at each of your seats. 487 00:21:39,799 --> 00:21:42,599 So in total, we had five opposition responses 488 00:21:42,599 --> 00:21:44,480 that accounted for 2% of the land area 489 00:21:44,480 --> 00:21:47,319 within this 200-foot buffer. 490 00:21:47,319 --> 00:21:49,319 Actually, one of the responses was from a property 491 00:21:49,319 --> 00:21:51,240 that's even off the map here. 492 00:21:51,240 --> 00:21:53,079 It was well outside of the 500-foot area, 493 00:21:53,079 --> 00:21:55,960 but I believe the HOA shared the notice 494 00:21:55,960 --> 00:21:57,880 with everyone in the neighborhood. 495 00:21:57,880 --> 00:21:59,720 And then we received one response in favor, 496 00:21:59,720 --> 00:22:01,819 which was from the current property owner. 497 00:22:03,660 --> 00:22:05,039 - Commissioner Beck. 498 00:22:05,039 --> 00:22:06,240 - Help me with my math here. 499 00:22:06,240 --> 00:22:10,440 We've got five opposed, and they amount to 2% of the total, 500 00:22:10,440 --> 00:22:14,039 and I've got one in favor, and they're 23%. 501 00:22:14,039 --> 00:22:16,319 - That calculation, under the local government code, 502 00:22:16,319 --> 00:22:19,579 is based on the land area that those responses represent 503 00:22:19,579 --> 00:22:21,119 within that 200-foot buffer. 504 00:22:21,119 --> 00:22:22,079 - Okay, thanks. 505 00:22:25,039 --> 00:22:27,000 - So with that, staff is recommending approval 506 00:22:27,000 --> 00:22:30,759 with the request because it met our criteria for approval. 507 00:22:30,759 --> 00:22:32,779 However, we did find that there were a couple of conditions 508 00:22:32,779 --> 00:22:35,180 that we thought would help make this more compatible. 509 00:22:35,180 --> 00:22:38,079 The first being restricting exterior lighting 510 00:22:38,079 --> 00:22:40,000 on the building so that it does not face 511 00:22:40,000 --> 00:22:41,940 single-family residents as adjoining, 512 00:22:41,940 --> 00:22:45,170 or if it does, that it be screened from view of those homes 513 00:22:45,170 --> 00:22:45,519 . 514 00:22:45,519 --> 00:22:47,700 And then also with that, a photometric plan 515 00:22:47,700 --> 00:22:49,819 should be provided with the building permit application 516 00:22:49,819 --> 00:22:51,200 to demonstrate compliance 517 00:22:51,200 --> 00:22:53,200 with our current site lighting standards. 518 00:22:54,920 --> 00:22:56,559 And the second condition would be, 519 00:22:56,559 --> 00:22:58,200 due to the proximity of this location 520 00:22:58,200 --> 00:23:00,440 and the number of residences around there, 521 00:23:00,440 --> 00:23:03,240 that the project comply with the current code of ordinances 522 00:23:03,240 --> 00:23:06,240 sign criteria, which does impose setbacks 523 00:23:06,240 --> 00:23:08,599 from residences on the sign. 524 00:23:08,599 --> 00:23:10,680 And along with that, we would also propose 525 00:23:10,680 --> 00:23:14,079 limiting the signs so that no illuminated wall signs 526 00:23:14,079 --> 00:23:16,480 directly face a single-family residence. 527 00:23:16,480 --> 00:23:17,900 So on that 30-foot tall tower, 528 00:23:17,900 --> 00:23:20,440 there is possibility for a sign on each face, 529 00:23:20,440 --> 00:23:24,740 some of which would directly face into some homes. 530 00:23:24,740 --> 00:23:27,640 With that, I'd be happy to answer any other questions. 531 00:23:27,640 --> 00:23:28,480 - Commissioner Bec. 532 00:23:28,480 --> 00:23:29,680 - Thank you, Chair. 533 00:23:29,680 --> 00:23:33,559 So this is not like a zoning change request. 534 00:23:33,559 --> 00:23:35,799 It's a PD, they can build by right, 535 00:23:37,359 --> 00:23:42,200 as long as they meet the criteria in the design, right? 536 00:23:42,200 --> 00:23:43,440 - Correct, yeah, any use permitted 537 00:23:43,440 --> 00:23:45,240 within the 1991 commercial district 538 00:23:45,240 --> 00:23:46,319 was permitted by right here. 539 00:23:46,319 --> 00:23:48,960 - Maybe a quick question for Scott on this. 540 00:23:48,960 --> 00:23:51,240 We're looking in the future as we rewrite 541 00:23:51,240 --> 00:23:54,519 the development code where a zoning change request 542 00:23:54,519 --> 00:23:57,599 would require, I believe, correct me if I'm wrong, 543 00:24:00,039 --> 00:24:03,640 a neighborhood meeting on a zoning change request, right? 544 00:24:06,640 --> 00:24:08,880 Sorry, Richard, I didn't mean to diminish you. 545 00:24:08,880 --> 00:24:10,200 - No, that's correct. 546 00:24:10,200 --> 00:24:13,039 One of the items that we're looking at 547 00:24:13,039 --> 00:24:15,859 as part of the DDC update is having a neighborhood meeting 548 00:24:15,859 --> 00:24:18,359 be mandatory as opposed to optional. 549 00:24:18,359 --> 00:24:22,400 - Would that fall in with a PD, though? 550 00:24:22,400 --> 00:24:24,339 - It would be for any zoning change. 551 00:24:24,339 --> 00:24:26,799 So yes, 'cause with a PD. 552 00:24:28,400 --> 00:24:30,059 - Okay, okay. 553 00:24:30,059 --> 00:24:31,359 Once we said-- - For a new PD, 554 00:24:31,359 --> 00:24:33,160 I think what we'd have to look at is 555 00:24:33,160 --> 00:24:36,579 for these already established PDs 556 00:24:36,579 --> 00:24:39,920 and whether or not the detailed plan like this 557 00:24:39,920 --> 00:24:41,819 would need to go to a neighborhood meeting. 558 00:24:41,819 --> 00:24:43,680 I think that one we have to flesh out a little bit, 559 00:24:43,680 --> 00:24:44,599 but it's a good point. 560 00:24:44,599 --> 00:24:47,700 - Okay, I guess what bothers me is the fact 561 00:24:47,700 --> 00:24:49,680 that there's a 100-foot height on that. 562 00:24:49,680 --> 00:24:52,200 In other areas, it may not be a problem, 563 00:24:52,200 --> 00:24:54,839 but if somebody comes in in that other two acres there 564 00:24:54,839 --> 00:24:57,000 and wants to build something along that line, 565 00:24:57,000 --> 00:25:01,039 I can see torches burning now coming across there. 566 00:25:01,039 --> 00:25:03,599 So that just seemed odd to me. 567 00:25:03,599 --> 00:25:04,440 Thank you. 568 00:25:05,519 --> 00:25:06,559 - Commissioner Ellis. 569 00:25:06,559 --> 00:25:08,039 - Thank you, Chair. 570 00:25:08,039 --> 00:25:10,359 So back to the neighborhood meeting concept, 571 00:25:10,359 --> 00:25:11,640 I know we didn't have one. 572 00:25:11,640 --> 00:25:13,359 Was it suggested? 573 00:25:13,359 --> 00:25:15,799 - Yes, it was suggested the applicant declined 574 00:25:15,799 --> 00:25:17,259 to host that meeting. 575 00:25:17,259 --> 00:25:18,839 - Somehow, I'm not surprised. 576 00:25:18,839 --> 00:25:21,279 But just because I think a neighborhood meeting 577 00:25:21,279 --> 00:25:23,160 invites a lot more comment. 578 00:25:24,200 --> 00:25:28,119 I'm struggling with a couple of things here. 579 00:25:29,299 --> 00:25:31,880 Meeting all the criteria, which it must do, 580 00:25:34,039 --> 00:25:38,599 how did you come to determination that it satisfies, 581 00:25:38,599 --> 00:25:40,720 well, it was criteria B in the staff analysis, 582 00:25:40,720 --> 00:25:45,720 so that's the adversely affecting surrounding property? 583 00:25:47,359 --> 00:25:52,359 Because to me, you've got how many vacuums 584 00:25:53,380 --> 00:25:57,220 that are lined up behind an entire street 585 00:25:57,220 --> 00:25:58,880 of residential property. 586 00:25:58,880 --> 00:26:00,400 That's where the vacuums are. 587 00:26:00,400 --> 00:26:03,319 Not where there aren't residential property, 588 00:26:03,319 --> 00:26:07,599 but their entire line is the full line of single property. 589 00:26:07,599 --> 00:26:10,640 So to me, that adversely affects. 590 00:26:10,640 --> 00:26:12,940 That's my interpretation of adversely affecting. 591 00:26:12,940 --> 00:26:16,480 So I'm trying to come to staff's brain there 592 00:26:16,480 --> 00:26:19,039 where, 'cause you didn't mention noise 593 00:26:19,039 --> 00:26:20,000 or anything like that with vacuum, 594 00:26:20,000 --> 00:26:23,640 you mentioned light and what else did you mention? 595 00:26:23,640 --> 00:26:25,440 - The signage was the other criteria. 596 00:26:27,440 --> 00:26:30,440 We did, I had discussions with the applicant on this 597 00:26:30,440 --> 00:26:31,720 and the location of the vacuums. 598 00:26:31,720 --> 00:26:33,880 Their statement was that the, 599 00:26:33,880 --> 00:26:36,079 and I don't know the average noise level of their vacuums, 600 00:26:36,079 --> 00:26:39,599 but they stated it shouldn't be audible necessarily, 601 00:26:39,599 --> 00:26:42,839 especially with all of the buffering that's provided there. 602 00:26:42,839 --> 00:26:44,920 And we did feel that the existing tree line 603 00:26:44,920 --> 00:26:47,400 is fairly substantial in talking to our urban forester 604 00:26:47,400 --> 00:26:48,920 about the site. 605 00:26:48,920 --> 00:26:52,880 And then with the addition of the wall and the other trees, 606 00:26:52,880 --> 00:26:55,400 it seemed likely that it would provide 607 00:26:55,400 --> 00:26:57,359 adequate buffering there from the noise. 608 00:26:57,359 --> 00:27:00,200 But that would certainly be something within the parameters 609 00:27:00,200 --> 00:27:02,920 of an additional criteria on this, I would think. 610 00:27:03,920 --> 00:27:06,160 - Wait, are they gonna be there tonight? 611 00:27:06,160 --> 00:27:07,799 - Yes, my understanding is the applicant will be here. 612 00:27:07,799 --> 00:27:11,000 - Yeah, 'cause I don't know how high up the vacuums are. 613 00:27:11,000 --> 00:27:15,880 Number one, I don't know of any silent vacuums ever. 614 00:27:15,880 --> 00:27:17,680 But the wall's six feet. 615 00:27:18,680 --> 00:27:23,119 But the mechanism, I think, is gonna sit above that, 616 00:27:23,119 --> 00:27:25,480 where the tubes of the vacuum go in. 617 00:27:25,480 --> 00:27:27,079 - That's possible, I'm not sure what the structure 618 00:27:27,079 --> 00:27:30,839 of them would be, but many of them are oriented that way. 619 00:27:30,839 --> 00:27:33,440 And I did wanna correct to your question of building height 620 00:27:33,440 --> 00:27:33,440 . 621 00:27:33,440 --> 00:27:35,599 My brain was back on the previous case. 622 00:27:35,599 --> 00:27:37,799 The PD restricts it to three stories in height. 623 00:27:37,799 --> 00:27:41,359 No direct number, but a three story building height. 624 00:27:41,359 --> 00:27:42,200 - Good. 625 00:27:43,960 --> 00:27:44,799 Commissioner Bec. 626 00:27:44,799 --> 00:27:46,319 - Thank you, Chair. 627 00:27:46,319 --> 00:27:49,799 Picking back in on Commissioner Ellis's concerns there, 628 00:27:49,799 --> 00:27:51,779 is this a 24/7 operation? 629 00:27:52,720 --> 00:27:53,880 - That I'm not sure of. 630 00:27:53,880 --> 00:27:58,440 - Okay, 'cause I can see it being a nuisance factor 631 00:27:58,440 --> 00:28:01,200 later in the evening, sure, during the day, not so much. 632 00:28:02,779 --> 00:28:06,559 Now, they're gonna add a wall on the south end 633 00:28:06,559 --> 00:28:09,519 of their property right, which is six foot in height. 634 00:28:10,839 --> 00:28:13,279 - Yes, the wall would be located just on the north side 635 00:28:13,279 --> 00:28:14,480 of this tree line here. 636 00:28:14,480 --> 00:28:18,039 - Okay, to the west, isn't there an existing 637 00:28:18,039 --> 00:28:19,799 masonry wall there already? 638 00:28:19,799 --> 00:28:23,359 And so what is the height on that? 639 00:28:24,559 --> 00:28:25,519 Seems there is. 640 00:28:25,519 --> 00:28:27,599 - I'm not aware of any wall on their property. 641 00:28:27,599 --> 00:28:29,440 I know there is an existing fence line 642 00:28:29,440 --> 00:28:30,559 here on the south side. 643 00:28:30,559 --> 00:28:32,599 - Okay, there's not a masonry wall now. 644 00:28:32,599 --> 00:28:34,480 - I'm not aware of a wall on this side. 645 00:28:34,480 --> 00:28:35,480 - It's on 2499. 646 00:28:35,480 --> 00:28:37,279 - Right, that's what I'm talking about. 647 00:28:37,279 --> 00:28:40,000 Not on their property, but that shields 648 00:28:40,000 --> 00:28:42,200 that housing development sound 24/7. 649 00:28:42,200 --> 00:28:44,559 - Yes, there's a sound wall along that way. 650 00:28:44,559 --> 00:28:46,759 - Do we know how high that is, at eight foot? 651 00:28:49,160 --> 00:28:50,000 - Probably close to eight foot. 652 00:28:50,000 --> 00:28:51,480 - Just from driving by, I would say at least eight feet. 653 00:28:51,480 --> 00:28:52,720 I'm not sure of the height. 654 00:28:52,720 --> 00:28:54,880 - So that's better than a six foot wall 655 00:28:54,880 --> 00:28:58,880 that would address Commissioner Ellis's concern on noise, 656 00:28:58,880 --> 00:29:01,039 and mine too, really, to be honest. 657 00:29:01,039 --> 00:29:01,960 - Okay, thanks. 658 00:29:02,960 --> 00:29:06,480 - Haley, on the vacuum cleaner on most of these buildings 659 00:29:06,480 --> 00:29:09,359 that I've seen, aren't those units in the building itself 660 00:29:09,359 --> 00:29:11,039 when they just have tubes that come out 661 00:29:11,039 --> 00:29:14,359 and the vacuum actually runs, and when you pull it out, 662 00:29:14,359 --> 00:29:16,119 it's already running? 663 00:29:16,119 --> 00:29:17,720 - That I'm not sure of. 664 00:29:17,720 --> 00:29:20,039 I know, when I mentioned the sound to the applicant, 665 00:29:20,039 --> 00:29:22,759 he just said that their vacuums are generally very quiet. 666 00:29:22,759 --> 00:29:25,680 He didn't think it would be an issue for offsite. 667 00:29:25,680 --> 00:29:27,079 But I'm sure he could speak more directly 668 00:29:27,079 --> 00:29:30,200 to how those operate and where the actual vacuum itself 669 00:29:30,200 --> 00:29:31,079 is located. 670 00:29:31,079 --> 00:29:34,000 - Well, I've been to their location that they have on, 671 00:29:34,000 --> 00:29:37,720 I guess it's 2181, over there next to O'Reilly's, 672 00:29:37,720 --> 00:29:40,519 and the vacuum runs essentially all the time, 673 00:29:40,519 --> 00:29:44,319 and you pull the little wand out, it's already going. 674 00:29:45,599 --> 00:29:49,839 So it'd be interesting to hear if it's individual, 675 00:29:49,839 --> 00:29:52,660 kind of old style vacuum stations that you turn on 676 00:29:52,660 --> 00:29:54,640 right there at the car, or if it's actually the equipment's 677 00:29:54,640 --> 00:29:56,880 in the building and it's just the wand, 678 00:29:56,880 --> 00:29:59,480 just kind of like your regular extension 679 00:29:59,480 --> 00:30:02,000 of a regular household vacuum cleaner, top deal. 680 00:30:02,000 --> 00:30:05,519 But you might just point for us to clarify 681 00:30:05,519 --> 00:30:07,519 when we get in there with the applicant. 682 00:30:09,359 --> 00:30:10,319 - Commissioner Ellis. 683 00:30:10,319 --> 00:30:11,640 - Thank you, Chair. 684 00:30:11,640 --> 00:30:13,859 Haley, do we know anything about, right now, 685 00:30:13,859 --> 00:30:17,599 where Longleaf and High Point have that curb, 686 00:30:17,599 --> 00:30:21,240 there isn't a cutout to 2499. 687 00:30:21,240 --> 00:30:22,920 It looks like it could possibly, 688 00:30:22,920 --> 00:30:27,079 I mean, the wall is there now, but do we have any knowledge 689 00:30:27,079 --> 00:30:28,819 of if that's gonna open up? 690 00:30:30,480 --> 00:30:34,519 - Oh, we're referring to this kind of vacant lot here. 691 00:30:34,519 --> 00:30:38,440 - I mean, it looks like it's crying for an out to 2499. 692 00:30:39,920 --> 00:30:42,359 - I don't know of any plans. 693 00:30:42,359 --> 00:30:45,319 One of the responses, or a joining property owner 694 00:30:45,319 --> 00:30:47,319 had asked about this same thing here at Countess, 695 00:30:47,319 --> 00:30:48,680 and when I inquired with engineering, 696 00:30:48,680 --> 00:30:50,960 they said they weren't aware of any other plans 697 00:30:50,960 --> 00:30:52,940 punched through to 2499. 698 00:30:54,440 --> 00:30:59,440 But I know this little gravel road has been there, 699 00:30:59,519 --> 00:31:01,759 pretty far back, when you look at the aerial. 700 00:31:01,759 --> 00:31:03,920 So I'm not sure what that originally 701 00:31:03,920 --> 00:31:05,160 was intended to connect to, 702 00:31:05,160 --> 00:31:07,559 but I don't know of any plans for a street extension. 703 00:31:07,559 --> 00:31:08,400 - Okay. 704 00:31:11,039 --> 00:31:13,240 - I'll call on Jerry Drake, legal. 705 00:31:13,240 --> 00:31:14,079 - Thank you. 706 00:31:14,900 --> 00:31:16,680 To the staff, I'm just wondering, 707 00:31:16,680 --> 00:31:19,920 the residential component of PD 176, 708 00:31:19,920 --> 00:31:23,160 is that still considered under the PD? 709 00:31:23,160 --> 00:31:27,319 And if so, with the proposed rezoning 710 00:31:27,319 --> 00:31:30,759 and the assignment of new zoning classifications, 711 00:31:30,759 --> 00:31:34,359 is it proposed to remain as a PD, 712 00:31:34,359 --> 00:31:39,359 or to be assigned a close residential classification? 713 00:31:40,200 --> 00:31:44,279 - I believe we're maintaining all existing PDs as PDs 714 00:31:44,279 --> 00:31:45,480 under the proposed zoning. 715 00:31:45,480 --> 00:31:47,200 - Well, and the reason why I ask, 716 00:31:47,200 --> 00:31:51,079 and this could possibly provide some more insight, 717 00:31:51,079 --> 00:31:55,079 is I know that in the 2002 citywide rezoning, 718 00:31:56,319 --> 00:32:00,519 most of the PDs, if they were completely approved, 719 00:32:00,519 --> 00:32:05,400 were rezoned, in my neighborhood, for example, 720 00:32:05,400 --> 00:32:07,640 was originally a PD, and was rezoned 721 00:32:07,640 --> 00:32:11,440 to a standard single family rezoning. 722 00:32:11,440 --> 00:32:14,000 The idea being to get rid of PDs 723 00:32:14,000 --> 00:32:16,839 to the extent that we could in 2002, 724 00:32:16,839 --> 00:32:20,039 they're being distrusted them on both sides. 725 00:32:20,039 --> 00:32:24,119 And they were continued in the code as special exceptions. 726 00:32:24,119 --> 00:32:29,119 And I guess the question kind of remains in my mind 727 00:32:29,880 --> 00:32:33,559 is whether it might be an option 728 00:32:33,559 --> 00:32:38,559 to even put in some kind of a standard zoning 729 00:32:39,640 --> 00:32:43,599 rather than a PD, either under the existing 730 00:32:43,599 --> 00:32:48,599 or future proposed zoning designations. 731 00:32:49,960 --> 00:32:54,960 And I think that if it were proposed 732 00:32:55,240 --> 00:32:59,000 to rezone all of the existing residences 733 00:32:59,000 --> 00:33:01,200 to a standard residential zoning, 734 00:33:01,200 --> 00:33:02,960 as they did back in 2002, 735 00:33:03,880 --> 00:33:08,680 that might be one possible way of handling it as well. 736 00:33:08,680 --> 00:33:11,079 - Yeah, I think the current plan is all the PDs 737 00:33:11,079 --> 00:33:12,359 and overlays that we currently have 738 00:33:12,359 --> 00:33:17,000 would be rezoned as PD with the citywide rezoning. 739 00:33:17,000 --> 00:33:19,680 And just speak to this particular property here, 740 00:33:19,680 --> 00:33:21,960 that was one of the options that the applicant considered 741 00:33:21,960 --> 00:33:25,680 was zoning out of the PD to a straight zoning. 742 00:33:25,680 --> 00:33:28,480 We recently had NRMU approved across the street here 743 00:33:28,480 --> 00:33:30,640 with some overlay restrictions, 744 00:33:30,640 --> 00:33:32,079 but they thought that they could operate 745 00:33:32,079 --> 00:33:34,200 within the parameters that the PD had outlined 746 00:33:34,200 --> 00:33:35,359 for commercial development. 747 00:33:35,359 --> 00:33:37,599 So chose to stay with that option. 748 00:33:48,000 --> 00:33:51,759 - I guess just a follow-up question from your presentation. 749 00:33:51,759 --> 00:33:55,279 Essentially, they by right can put that in, 750 00:33:55,279 --> 00:33:58,680 as is their only requirement is that they must comply 751 00:33:58,680 --> 00:34:02,319 with the development code as far as the lighting 752 00:34:02,319 --> 00:34:04,119 and the signage. 753 00:34:05,119 --> 00:34:07,920 - Yeah, the two criteria that we would recommend. 754 00:34:07,920 --> 00:34:10,039 And then like I mentioned to Commissioner Ellis, 755 00:34:10,039 --> 00:34:11,599 if there's anything else that you'll feel 756 00:34:11,599 --> 00:34:14,480 would help prevent nuisances at this location, 757 00:34:14,480 --> 00:34:17,739 I think that would be within your authority 758 00:34:17,739 --> 00:34:19,039 to assign other conditions 759 00:34:19,039 --> 00:34:20,880 that you thought might be appropriate. 760 00:34:20,880 --> 00:34:22,679 But these two have been discussed with the applicant 761 00:34:22,679 --> 00:34:25,239 and they're generally in agreement 762 00:34:25,239 --> 00:34:26,920 with conforming with current light 763 00:34:26,920 --> 00:34:29,239 and sign standards at the property. 764 00:34:29,239 --> 00:34:30,960 - So I would, it's not the same, 765 00:34:30,960 --> 00:34:34,059 but it's similar to almost like platting per se. 766 00:34:35,320 --> 00:34:36,340 By right they can do it, 767 00:34:36,340 --> 00:34:39,079 and as long as they meet the criteria that's in place, 768 00:34:41,239 --> 00:34:42,840 that's kind of where we are on this. 769 00:34:42,840 --> 00:34:43,920 - That's sort of helping you get it. 770 00:34:43,920 --> 00:34:45,119 - Yeah. - Okay. 771 00:34:45,119 --> 00:34:48,559 - Well, they're certainly entitled to a commercial use. 772 00:34:48,559 --> 00:34:52,480 There was nothing in the concept plan 773 00:34:52,480 --> 00:34:56,679 that entitled a car wash per se, 774 00:34:56,679 --> 00:35:00,400 or the details beyond that. 775 00:35:01,320 --> 00:35:06,320 PDs, at least as the city has applied them historically, 776 00:35:07,440 --> 00:35:11,800 have been a multi-step zoning process 777 00:35:11,800 --> 00:35:16,480 with the first step being the approval of a concept plan. 778 00:35:16,480 --> 00:35:18,800 And then as a detailed plan comes forward, 779 00:35:18,800 --> 00:35:22,679 as long as it's consistent with the concept plan, 780 00:35:22,679 --> 00:35:24,519 it should be approvable. 781 00:35:24,519 --> 00:35:29,519 But again, the whole idea of a detailed plan 782 00:35:29,519 --> 00:35:32,480 is to provide the details necessary 783 00:35:32,480 --> 00:35:35,119 to show that it would satisfy the purposes 784 00:35:35,119 --> 00:35:38,199 of the concept plan as originally approved. 785 00:35:39,320 --> 00:35:41,760 - All right, well, just to follow up and clarify, 786 00:35:41,760 --> 00:35:44,559 I think you stated in your presentation 787 00:35:44,559 --> 00:35:47,920 that car washes were permitted as part of the PD. 788 00:35:47,920 --> 00:35:52,760 So whether it was in the, 789 00:35:52,760 --> 00:35:54,719 I mean, that was included in the concept plans. 790 00:35:54,719 --> 00:35:56,920 Now we're at the detailed plan, 791 00:35:56,920 --> 00:35:59,159 and that's my question, and really where we are, 792 00:35:59,159 --> 00:36:02,559 is as long as they meet the requirements 793 00:36:02,559 --> 00:36:04,360 that we have in the code, 794 00:36:04,360 --> 00:36:06,159 as far as how they build their site, 795 00:36:06,159 --> 00:36:08,039 with their buffering, with their lighting, 796 00:36:08,039 --> 00:36:11,000 with their signage, they by right can go build that 797 00:36:11,000 --> 00:36:12,960 where they have asked to build it 798 00:36:12,960 --> 00:36:17,519 because it was an approved use 799 00:36:17,519 --> 00:36:20,519 or an approved commercial purpose 800 00:36:23,559 --> 00:36:25,199 as a car wash in that area. 801 00:36:26,320 --> 00:36:29,119 And now they're actually trying to now put it in detail 802 00:36:29,119 --> 00:36:30,519 and meet the code. 803 00:36:30,519 --> 00:36:34,159 So that's where I'm trying to go is what sort of leeway 804 00:36:34,159 --> 00:36:38,159 do we have to say we like it, don't like it, 805 00:36:38,159 --> 00:36:40,920 we'll change it, do something different 806 00:36:40,920 --> 00:36:45,920 of what has been essentially vested since the '90s. 807 00:36:47,079 --> 00:36:49,840 - Yeah, in that sense, the use is one of the listed 808 00:36:49,840 --> 00:36:52,679 permitted uses for commercial development. 809 00:36:52,679 --> 00:36:54,719 With respect to the remainder of the site, 810 00:36:54,719 --> 00:36:57,559 I think, Jerry, you can certainly correct me 811 00:36:57,559 --> 00:36:58,760 if I'm speaking out of turn here, 812 00:36:58,760 --> 00:37:01,119 but I would just imagine anything that you feel 813 00:37:01,119 --> 00:37:05,079 is necessary to satisfy those criteria for approval 814 00:37:05,079 --> 00:37:07,800 and that it is compatible with the surrounding properties 815 00:37:07,800 --> 00:37:10,039 and not causing nuisances, it would be similar 816 00:37:10,039 --> 00:37:12,960 to how an SUP you can provide for criteria 817 00:37:12,960 --> 00:37:14,280 on things like lighting and noise 818 00:37:14,280 --> 00:37:15,800 that would make it more compatible 819 00:37:15,800 --> 00:37:17,079 with the surrounding neighborhood. 820 00:37:17,079 --> 00:37:20,159 - Well, and again, I'm not sure, 821 00:37:20,159 --> 00:37:25,159 going back to the section that I was referring to earlier 822 00:37:25,480 --> 00:37:30,480 in sub-chapter one of the 35.15, 823 00:37:31,719 --> 00:37:34,360 I'm not sure that it's quite as constraining 824 00:37:34,360 --> 00:37:39,360 as was pointed out because what the code did 825 00:37:39,760 --> 00:37:43,800 in the citywide rezoning was to approve 826 00:37:43,800 --> 00:37:47,119 the existing PDs as special exceptions. 827 00:37:47,119 --> 00:37:49,679 The point of the special exception was to ensure 828 00:37:49,679 --> 00:37:54,679 that any current legal use that was legal 829 00:37:54,920 --> 00:37:59,920 prior to the adoption of the 2002 DDC 830 00:38:00,039 --> 00:38:04,719 would be allowed to continue after adoption of the 2002 DDC 831 00:38:04,719 --> 00:38:05,039 . 832 00:38:06,000 --> 00:38:11,000 It did not, it was not stated as preserving 833 00:38:11,480 --> 00:38:16,480 expectations associated prior to the adoption 834 00:38:18,599 --> 00:38:21,119 of the 2002 DDC. 835 00:38:21,119 --> 00:38:26,119 It was stated as allowing the existing uses 836 00:38:26,960 --> 00:38:30,559 to continue as legal uses. 837 00:38:30,559 --> 00:38:34,400 There was nothing stated about what might be done 838 00:38:34,400 --> 00:38:37,719 as far as any kind of expected future uses 839 00:38:37,719 --> 00:38:41,599 from an approved concept plan that didn't carry forward. 840 00:38:41,599 --> 00:38:46,599 I think it almost seems kind of implicit in here 841 00:38:47,360 --> 00:38:49,239 that there might have been an expectation 842 00:38:49,239 --> 00:38:54,239 that there would be rezoning to standard zoning 843 00:38:54,360 --> 00:38:57,760 classifications at some point if they did not continue 844 00:38:57,760 --> 00:39:00,079 as PDs as originally intended. 845 00:39:03,599 --> 00:39:04,440 Does that make sense? 846 00:39:04,440 --> 00:39:05,260 I'm sorry. 847 00:39:05,260 --> 00:39:06,559 - It does, I was trying to think through all of it. 848 00:39:06,559 --> 00:39:07,760 - Yeah. 849 00:39:07,760 --> 00:39:10,239 - 'Cause I guess our thought process was with this, 850 00:39:10,239 --> 00:39:12,039 conforming with that concept plan, 851 00:39:12,039 --> 00:39:15,039 it is continuing as the PD was originally proposed 852 00:39:15,039 --> 00:39:15,880 and intended. 853 00:39:17,440 --> 00:39:21,159 - Okay, any other questions on this item? 854 00:39:21,159 --> 00:39:22,000 Commissioner Ellis. 855 00:39:22,000 --> 00:39:22,820 - Thank you, Chair. 856 00:39:22,820 --> 00:39:24,559 I wanted to go back to I guess some of your comments 857 00:39:24,559 --> 00:39:26,599 and how I'm struggling here. 858 00:39:26,599 --> 00:39:30,420 So I understand what you're saying that it's a allowed use, 859 00:39:31,679 --> 00:39:33,639 but what it says in here is that the detailed plan 860 00:39:33,639 --> 00:39:36,159 shall be approved if all of the criteria are met. 861 00:39:36,159 --> 00:39:38,800 And the problem is I think the criteria depends 862 00:39:38,800 --> 00:39:40,360 on how you interpret it. 863 00:39:40,360 --> 00:39:42,300 And that criteria that says the plan provides 864 00:39:42,300 --> 00:39:44,880 for a compatible arrangement of buildings and land uses 865 00:39:44,880 --> 00:39:47,119 that would not adversely affect adjoining neighborhoods 866 00:39:47,119 --> 00:39:50,239 or properties outside of the plan is where 867 00:39:50,239 --> 00:39:55,239 that interpretation can be varying. 868 00:39:56,920 --> 00:39:59,360 So I don't look at it like just a Plaid approval. 869 00:39:59,360 --> 00:40:01,920 I mean, I guess that's what I wanted to say. 870 00:40:01,920 --> 00:40:04,840 That I'm struggling with, 871 00:40:06,320 --> 00:40:09,420 does this development not adversely affect the properties 872 00:40:09,420 --> 00:40:10,920 that are around it? 873 00:40:10,920 --> 00:40:13,320 - Okay, well let me clarify my comment. 874 00:40:14,199 --> 00:40:18,800 The point I was trying to make in summarizing my thoughts 875 00:40:18,800 --> 00:40:23,480 about what's been presented is that all the requirements 876 00:40:23,480 --> 00:40:26,960 that we have as far as site requirements, 877 00:40:26,960 --> 00:40:31,699 as far as buffering, the photometric study, 878 00:40:33,280 --> 00:40:35,239 the signage on the building, 879 00:40:35,239 --> 00:40:38,820 all of those development requirements have to be met 880 00:40:38,820 --> 00:40:41,960 with the site and they are being met with the site. 881 00:40:41,960 --> 00:40:46,539 So they aren't just, to try to clarify, 882 00:40:46,539 --> 00:40:48,159 they aren't just building it and saying 883 00:40:48,159 --> 00:40:50,599 we don't have to meet those things because we're vested. 884 00:40:50,599 --> 00:40:53,599 They're saying the use was vested from the '90s. 885 00:40:53,599 --> 00:40:56,760 We're putting in what was approved to go here on this area 886 00:40:56,760 --> 00:40:58,800 and we are now meeting what the current 887 00:40:58,800 --> 00:41:02,199 Denton Development Code requires for a commercial building 888 00:41:02,199 --> 00:41:05,619 to be built on that site as far as setbacks, 889 00:41:05,619 --> 00:41:10,400 buffering, screening, lighting, signage, 890 00:41:10,400 --> 00:41:13,320 all of the requirements that we have that if 891 00:41:13,320 --> 00:41:15,719 this wasn't even a PD, it was already zoned 892 00:41:15,719 --> 00:41:19,400 and it was a site plan, if they met the site plan, 893 00:41:19,400 --> 00:41:22,559 just like in the other project that we just talked about 894 00:41:22,559 --> 00:41:25,519 as far as the parking lot and the screening, 895 00:41:25,519 --> 00:41:27,760 they've met all of our requirements. 896 00:41:27,760 --> 00:41:30,679 And that was the point that I was trying to make 897 00:41:30,679 --> 00:41:34,440 from the standpoint of platting that when it comes before 898 00:41:34,440 --> 00:41:34,760 us, 899 00:41:34,760 --> 00:41:37,480 they meet all of our requirements and it conforms 900 00:41:37,480 --> 00:41:39,719 to what is required for it to be platted. 901 00:41:39,719 --> 00:41:42,760 We essentially, I hate to say the word, 902 00:41:42,760 --> 00:41:45,960 have to approve it because they've met all the requirements 903 00:41:45,960 --> 00:41:45,960 . 904 00:41:45,960 --> 00:41:49,519 I was just liking that it's a similar type of process 905 00:41:49,519 --> 00:41:51,659 is that they are meeting all the requirements 906 00:41:51,659 --> 00:41:53,760 that we currently have in our DDC 907 00:41:54,840 --> 00:41:58,280 in the detail plan to build the site. 908 00:41:58,280 --> 00:42:01,280 And so that was the only thing that I was speaking to 909 00:42:01,280 --> 00:42:04,039 is to how much room do we have when they meet 910 00:42:04,039 --> 00:42:07,440 the requirements that we have in the DDC to say, 911 00:42:07,440 --> 00:42:10,480 I don't like it, I don't want it next to neighborhood, 912 00:42:10,480 --> 00:42:12,920 I wish they would do this or that 913 00:42:12,920 --> 00:42:15,039 when they're actually being in compliance 914 00:42:15,039 --> 00:42:16,000 with the development code. 915 00:42:16,000 --> 00:42:18,239 And that was the only point that I was making 916 00:42:18,239 --> 00:42:21,780 and asking the question of how much leeway do we have 917 00:42:21,780 --> 00:42:25,340 to ask them to do additional things, locate vacuum, 918 00:42:25,340 --> 00:42:28,199 whatever the question is when they're in compliance 919 00:42:28,199 --> 00:42:29,480 with the DDC. 920 00:42:29,480 --> 00:42:32,119 It was more of a clarification and statement 921 00:42:32,119 --> 00:42:34,639 of what can we do if we're gonna start talking 922 00:42:34,639 --> 00:42:36,619 about additional conditions 923 00:42:36,619 --> 00:42:38,800 if they're meeting the development code. 924 00:42:38,800 --> 00:42:40,199 Commissioner Ellis. 925 00:42:40,199 --> 00:42:41,119 - Thank you, Chair. 926 00:42:41,119 --> 00:42:43,880 Okay, then it may be I'm not interpreting this correctly, 927 00:42:43,880 --> 00:42:46,239 then I don't feel like this is trying 928 00:42:46,239 --> 00:42:47,360 to meet the development code, 929 00:42:47,360 --> 00:42:51,159 I feel like this is trying to meet the PD requirements 930 00:42:51,159 --> 00:42:53,599 that these are allowed uses, 931 00:42:53,599 --> 00:42:56,119 now do we want this as part of the PD? 932 00:42:56,119 --> 00:42:59,840 That's how I'm, that is how I read 933 00:42:59,840 --> 00:43:01,639 the way this analysis was done. 934 00:43:01,639 --> 00:43:05,440 So if that's my lack of interpretation, 935 00:43:05,440 --> 00:43:07,920 then I guess I would love clarity on that. 936 00:43:09,840 --> 00:43:11,639 - Mr. Richard, you look like you wanna say something 937 00:43:11,639 --> 00:43:13,079 or you wanna take time then. 938 00:43:13,079 --> 00:43:14,280 (laughing) 939 00:43:14,280 --> 00:43:15,119 Or were you just thinking-- 940 00:43:15,119 --> 00:43:16,920 - I seem like I always answer it, kind of both. 941 00:43:16,920 --> 00:43:19,159 (laughing) 942 00:43:20,260 --> 00:43:24,960 I think part of the issue is while the PD 943 00:43:24,960 --> 00:43:27,800 does describe certain requirements, 944 00:43:27,800 --> 00:43:31,800 i.e. height is three stories, it is silent on others. 945 00:43:31,800 --> 00:43:36,219 And so with those, we defer to the DDC, 946 00:43:36,219 --> 00:43:37,099 if that makes any sense, 947 00:43:37,099 --> 00:43:38,960 because there really were no standards 948 00:43:38,960 --> 00:43:41,599 to go off of within that PD, 949 00:43:41,599 --> 00:43:44,400 unless it's explicit and it says it shall defer to 950 00:43:45,320 --> 00:43:47,079 the current regulations. 951 00:43:47,079 --> 00:43:49,599 But then it goes back to what were the current regulations, 952 00:43:49,599 --> 00:43:51,679 what was it zoned prior to the PD, 953 00:43:51,679 --> 00:43:53,760 and then it gets into a whole mess 954 00:43:53,760 --> 00:43:56,360 and a whole slew of other issues. 955 00:43:56,360 --> 00:43:57,800 - Yeah, like landscaping, for example, 956 00:43:57,800 --> 00:44:00,880 the PD explicitly says it shall follow the landscaping code 957 00:44:00,880 --> 00:44:03,719 in effect at the time of the adoption of the PD, 958 00:44:03,719 --> 00:44:06,920 which then we deferred back to the 1998 landscape code 959 00:44:06,920 --> 00:44:08,920 rather than the current code. 960 00:44:08,920 --> 00:44:10,360 And then things like the masonry wall 961 00:44:10,360 --> 00:44:11,960 were specifically called for in the PD, 962 00:44:11,960 --> 00:44:14,719 but lighting, it just had one general clause 963 00:44:14,719 --> 00:44:17,500 saying it shouldn't shine onto other properties. 964 00:44:17,500 --> 00:44:21,760 So we felt it was appropriate to specifically say 965 00:44:21,760 --> 00:44:24,059 that we think it appropriate for them 966 00:44:24,059 --> 00:44:26,320 to follow the current lighting standards, 967 00:44:26,320 --> 00:44:28,440 as opposed to just that general statement in the PD. 968 00:44:28,440 --> 00:44:30,000 And then signage wasn't addressed at all, 969 00:44:30,000 --> 00:44:33,639 so that's where we drew from the current code of ordinances 970 00:44:33,639 --> 00:44:36,280 to provide some guidelines for them to operate within. 971 00:44:38,039 --> 00:44:39,039 - Commissioner Reynolds? 972 00:44:46,280 --> 00:44:50,360 Any other questions on this item? 973 00:44:53,280 --> 00:44:55,960 Okay, thank you, Hayden. 974 00:44:55,960 --> 00:44:59,559 That will move us to our item C in public hearings. 975 00:44:59,559 --> 00:45:00,460 Cindy Jackson. 976 00:45:08,039 --> 00:45:11,619 (council member laughing) 977 00:45:24,519 --> 00:45:26,280 - Thank you, Chair, commissioners. 978 00:45:29,360 --> 00:45:34,360 This is a request to rezone a one acre site. 979 00:45:35,159 --> 00:45:36,340 It's not actually rezoned, 980 00:45:36,340 --> 00:45:39,119 it's to assign an initial zoning designation 981 00:45:39,119 --> 00:45:43,039 to an area, a one acre land use site of land 982 00:45:43,039 --> 00:45:47,480 that was actually annexed in 2010. 983 00:45:47,480 --> 00:45:48,719 This site, as you can see, 984 00:45:48,719 --> 00:45:51,159 is located on the north side of Miller Road, 985 00:45:52,079 --> 00:45:53,800 east of Marsh Branch. 986 00:45:55,519 --> 00:45:57,800 The current zoning is RD5X, 987 00:45:57,800 --> 00:46:00,199 which is the holding zoning giving two properties 988 00:46:00,199 --> 00:46:03,119 when they are initially annexed into the city. 989 00:46:03,119 --> 00:46:07,150 And the proposed initial zoning is NR2, which you can see 990 00:46:07,150 --> 00:46:07,579 here. 991 00:46:11,659 --> 00:46:14,900 The site is actually a designated business innovation 992 00:46:14,900 --> 00:46:16,679 on the future land use map. 993 00:46:16,679 --> 00:46:19,079 The intent of the business innovation district 994 00:46:19,079 --> 00:46:23,659 is to create large tracts of lands that are appropriate 995 00:46:23,659 --> 00:46:27,519 for well-planned, larger scale office and employment parks, 996 00:46:27,519 --> 00:46:31,000 our research and development type uses, 997 00:46:31,000 --> 00:46:33,000 developed in a campus-like setting, 998 00:46:33,000 --> 00:46:35,679 with accessory type uses, 999 00:46:35,679 --> 00:46:40,320 which would support the businesses such as hotels, 1000 00:46:40,320 --> 00:46:41,920 retail, and restaurants. 1001 00:46:42,920 --> 00:46:46,440 The types and uses of scale and development permitted 1002 00:46:46,440 --> 00:46:47,679 in the NR2 district, 1003 00:46:47,679 --> 00:46:50,500 which are primarily large lot residential, 1004 00:46:50,500 --> 00:46:52,320 do not conform to the goals 1005 00:46:52,320 --> 00:46:55,460 of the business innovation designation. 1006 00:46:58,639 --> 00:47:02,119 The NR2 district permits large lot residential uses 1007 00:47:02,119 --> 00:47:05,360 and is inconsistent with the future land use element. 1008 00:47:05,360 --> 00:47:08,440 The RD5 district is designated to the property 1009 00:47:08,440 --> 00:47:11,159 after annexation and is also inconsistent 1010 00:47:11,159 --> 00:47:13,599 with the future land use element. 1011 00:47:13,599 --> 00:47:16,880 The site is part of a large lot single family neighborhood. 1012 00:47:16,880 --> 00:47:19,639 This was established in the late 70s. 1013 00:47:22,679 --> 00:47:24,840 The site was actually, 1014 00:47:24,840 --> 00:47:28,880 the subdivision was created by Meats and Bounds 1015 00:47:28,880 --> 00:47:32,480 from another plat, 1016 00:47:36,360 --> 00:47:39,800 I'm sorry, I just missed my place here, 1017 00:47:39,800 --> 00:47:40,960 from another plat, 1018 00:47:42,599 --> 00:47:46,579 the Brook side addition, Little Brook Estates. 1019 00:47:48,119 --> 00:47:51,719 It was subdivided by Meats and Bounds prior to annexation 1020 00:47:51,719 --> 00:47:55,199 in 1977 into 16 one acre lots. 1021 00:47:55,199 --> 00:47:57,880 Miller Road is actually an easement. 1022 00:47:57,880 --> 00:48:01,880 It is now considered prescribed right of way. 1023 00:48:01,880 --> 00:48:03,739 So when this site is plotted, 1024 00:48:03,739 --> 00:48:06,599 they will have to dedicate their portion of Miller Road. 1025 00:48:10,159 --> 00:48:13,559 The proposed NR2 zoning district is consistent 1026 00:48:13,559 --> 00:48:16,159 with the proposed and surrounding land uses. 1027 00:48:16,159 --> 00:48:18,039 The applicant is proposing a large lot, 1028 00:48:18,039 --> 00:48:19,920 one acre single family house. 1029 00:48:19,920 --> 00:48:23,119 This site is surrounded on Miller Road 1030 00:48:23,119 --> 00:48:26,900 with one acre large lot single family uses. 1031 00:48:28,880 --> 00:48:33,199 As well seeing, here you can see Miller Road, 1032 00:48:33,199 --> 00:48:36,119 and here you can see there are additional single family, 1033 00:48:36,119 --> 00:48:38,500 large lot single family here. 1034 00:48:38,500 --> 00:48:42,980 The site also has gas wells in proximity 1035 00:48:42,980 --> 00:48:44,400 to the north and south. 1036 00:48:44,400 --> 00:48:48,440 However, the site is between six and 800 feet away 1037 00:48:48,440 --> 00:48:50,840 from those gas wells and meets the required 1038 00:48:51,880 --> 00:48:54,000 reverse setback for gas wells. 1039 00:48:55,360 --> 00:48:57,559 The use is permitted in the NR2 district. 1040 00:48:57,559 --> 00:49:01,260 Are consistent with what is on the ground today. 1041 00:49:05,159 --> 00:49:06,440 As well as, 1042 00:49:08,980 --> 00:49:12,719 the site will take access from North Mosh Branch. 1043 00:49:12,719 --> 00:49:15,380 Mosh Branch right here is considered to be 1044 00:49:15,380 --> 00:49:18,179 a collector street north of Miller Road 1045 00:49:18,179 --> 00:49:23,179 and changes into a primary arterial south on the, 1046 00:49:23,320 --> 00:49:25,940 excuse me, north of Miller Road and south of Miller Road. 1047 00:49:25,940 --> 00:49:27,320 It is a collector, I'm sorry. 1048 00:49:27,320 --> 00:49:32,320 I just, and Miller Road itself on the east side 1049 00:49:33,159 --> 00:49:36,360 is a local street and on the west side of Mosh Branch 1050 00:49:36,360 --> 00:49:38,000 is a collector. 1051 00:49:38,000 --> 00:49:40,639 Water and sewer is available on the site, 1052 00:49:40,639 --> 00:49:42,159 excuse me, water is available on the site 1053 00:49:42,159 --> 00:49:43,480 as you can see here. 1054 00:49:43,480 --> 00:49:47,019 All of these properties were developed with septic systems 1055 00:49:47,019 --> 00:49:50,039 and this will also be developed with the septic system. 1056 00:49:50,039 --> 00:49:53,920 That's the one acre size for the site 1057 00:49:53,920 --> 00:49:55,400 as required for septic. 1058 00:49:57,480 --> 00:49:59,920 Notifications were sent out on July 6th. 1059 00:49:59,920 --> 00:50:03,320 We sent out 10 notifications via certified mail 1060 00:50:03,320 --> 00:50:06,519 within 200 feet and 15 notifications 1061 00:50:06,519 --> 00:50:08,199 within 500 feet of the site 1062 00:50:08,199 --> 00:50:10,679 and we have received no responses. 1063 00:50:10,679 --> 00:50:13,719 If you recall, this site was, 1064 00:50:13,719 --> 00:50:17,760 this request was first scheduled in May 1065 00:50:17,760 --> 00:50:20,440 to be heard by the Planning and Zoning Commission 1066 00:50:20,440 --> 00:50:22,360 and the applicant requested withdrawal 1067 00:50:22,360 --> 00:50:25,519 to reconsider whether or not they wanted to follow through. 1068 00:50:25,519 --> 00:50:28,079 At that time we had somebody show up 1069 00:50:28,079 --> 00:50:30,880 who was in opposition to the site. 1070 00:50:30,880 --> 00:50:33,000 She did not send in a notice however. 1071 00:50:33,000 --> 00:50:35,039 I did call and talk to this person 1072 00:50:35,039 --> 00:50:38,039 and she's now in favor of the request. 1073 00:50:38,039 --> 00:50:40,639 She thought that they were rezoning for multifamily. 1074 00:50:45,599 --> 00:50:47,719 Staff recommends approval of this request 1075 00:50:47,719 --> 00:50:52,500 as the NR2 is consistent with the criteria for approval 1076 00:50:52,500 --> 00:50:55,159 in section 3533B3, 1077 00:50:55,159 --> 00:50:57,440 which is the criteria for when the site 1078 00:50:57,440 --> 00:51:01,000 is not consistent with the future land use designation 1079 00:51:01,000 --> 00:51:04,320 and the NR2 is compatible with the surrounding property 1080 00:51:04,320 --> 00:51:06,400 in terms of existing and permitted uses 1081 00:51:06,400 --> 00:51:07,679 and meets the requirement 1082 00:51:07,679 --> 00:51:09,840 for maintaining the character of the area. 1083 00:51:10,760 --> 00:51:12,360 That concludes my presentation. 1084 00:51:13,519 --> 00:51:14,719 - Commissioner Sanchez. 1085 00:51:16,239 --> 00:51:19,659 - Originally there was 16 lots developed 1086 00:51:19,659 --> 00:51:23,679 but we're only talking about the one lot. 1087 00:51:23,679 --> 00:51:24,519 - Exactly. 1088 00:51:24,519 --> 00:51:28,159 - So why would, I mean, what does that buy him? 1089 00:51:28,159 --> 00:51:29,480 The rest of them already put in, 1090 00:51:29,480 --> 00:51:31,039 I'm just trying to figure out, 1091 00:51:31,039 --> 00:51:36,039 why would you want just to rezone one lot out of the 16 1092 00:51:36,119 --> 00:51:40,760 when the other 16 have the designation RD5X? 1093 00:51:40,760 --> 00:51:43,119 - Because the others were actually developed 1094 00:51:43,119 --> 00:51:45,960 prior to being annexed into the city. 1095 00:51:45,960 --> 00:51:47,639 When this was annexed into the city, 1096 00:51:47,639 --> 00:51:51,840 it took on the requirement for the zoning designation 1097 00:51:51,840 --> 00:51:53,719 of RD5X as a holding zoning. 1098 00:51:53,719 --> 00:51:55,039 The whole area. 1099 00:51:55,039 --> 00:51:59,219 However, if you want to develop on the site, 1100 00:51:59,219 --> 00:52:02,519 you need to give it an initial zoning designation 1101 00:52:02,519 --> 00:52:06,199 because the RD5X is a holding zoning. 1102 00:52:06,199 --> 00:52:07,840 Technically the site has no zoning. 1103 00:52:07,840 --> 00:52:09,440 It's just a holding zoning. 1104 00:52:09,440 --> 00:52:10,400 - Right, right. 1105 00:52:10,400 --> 00:52:12,360 But I guess what I'm thinking is, 1106 00:52:12,360 --> 00:52:15,400 okay, the other people developed under the 5X. 1107 00:52:15,400 --> 00:52:16,599 - No, actually they developed. 1108 00:52:16,599 --> 00:52:18,320 - They just put in houses, 'cause there's houses. 1109 00:52:18,320 --> 00:52:21,000 - It was developed before it was annexed into the city. 1110 00:52:21,000 --> 00:52:22,719 There was no zoning. 1111 00:52:22,719 --> 00:52:24,840 So they were already there since the 70s, 1112 00:52:24,840 --> 00:52:27,000 some of them since the late 70s. 1113 00:52:27,000 --> 00:52:30,159 The site developed from the late 70s through today. 1114 00:52:30,159 --> 00:52:34,090 And just lot by lot they developed when it was in the 1115 00:52:34,090 --> 00:52:34,719 county. 1116 00:52:34,719 --> 00:52:36,559 - So what's their designation right now, 1117 00:52:36,559 --> 00:52:37,760 the rest of the lots? 1118 00:52:37,760 --> 00:52:38,880 - RD5X. 1119 00:52:38,880 --> 00:52:43,880 - Okay, so I guess I'm still going back to, 1120 00:52:44,559 --> 00:52:49,559 if you're gonna do it, develop the whole 16 lots 1121 00:52:50,800 --> 00:52:53,840 rather than just one lot, that's gonna be like an oddball 1122 00:52:53,840 --> 00:52:55,639 for the rest of them unless the rest of them come out. 1123 00:52:55,639 --> 00:52:58,920 - Well, not really because the other lots are developed. 1124 00:52:58,920 --> 00:53:00,880 - Right, right, right. 1125 00:53:00,880 --> 00:53:04,840 - So they don't need to come in and rezone 1126 00:53:04,840 --> 00:53:06,840 because they're already developed. 1127 00:53:06,840 --> 00:53:08,920 This is a site that will be included 1128 00:53:08,920 --> 00:53:11,079 in the city-wide rezoning. 1129 00:53:11,079 --> 00:53:13,000 And they will ultimately all have 1130 00:53:13,000 --> 00:53:14,559 the same zoning designation. 1131 00:53:15,480 --> 00:53:16,840 - Okay, okay. 1132 00:53:19,119 --> 00:53:20,119 - Commissioner Beck. 1133 00:53:21,000 --> 00:53:21,840 - Thank you, Chair. 1134 00:53:21,840 --> 00:53:24,119 Thanks, Cindy, for your presentation. 1135 00:53:24,119 --> 00:53:28,679 Where is this, where's US 380 related? 1136 00:53:28,679 --> 00:53:30,719 North or south of this? 1137 00:53:30,719 --> 00:53:32,480 - University is to the south. 1138 00:53:32,480 --> 00:53:33,840 - How far away? 1139 00:53:33,840 --> 00:53:36,119 Half a mile, quarter mile? 1140 00:53:36,119 --> 00:53:39,480 - Well, I can see if I can pull up the map. 1141 00:53:39,480 --> 00:53:41,199 - 'Cause I'm kind of curious why we got, 1142 00:53:41,199 --> 00:53:44,599 if it's pretty good distance from 380, 1143 00:53:44,599 --> 00:53:45,920 we're talking about a better half mile. 1144 00:53:45,920 --> 00:53:48,960 I'm wondering for what it's worth, 1145 00:53:48,960 --> 00:53:50,760 I'm wondering why we got business innovation 1146 00:53:50,760 --> 00:53:53,360 going so deep into the area 1147 00:53:53,360 --> 00:53:55,559 off of the primary arterial 1148 00:53:56,719 --> 00:53:59,440 and actually into an area where we have established 1149 00:53:59,440 --> 00:54:01,000 residential neighborhoods. 1150 00:54:07,320 --> 00:54:09,119 - I think, Commissioner Beck, my recollection 1151 00:54:09,119 --> 00:54:11,119 on a lot of stuff out west of Denton, 1152 00:54:11,119 --> 00:54:14,280 the reason that a lot of it is not gonna be residential 1153 00:54:14,280 --> 00:54:16,000 is 'cause of the gas wells, 1154 00:54:16,000 --> 00:54:18,079 the setbacks that are required. 1155 00:54:18,079 --> 00:54:19,400 I think there was some discussion, 1156 00:54:19,400 --> 00:54:22,400 it's been a number of meetings ago 1157 00:54:22,400 --> 00:54:27,199 about looking at future land use out west of Denton, 1158 00:54:27,199 --> 00:54:29,559 about making some of it more commercial 1159 00:54:29,559 --> 00:54:31,119 because you're not gonna be able to meet 1160 00:54:31,119 --> 00:54:32,960 some of the setback requirements 1161 00:54:32,960 --> 00:54:34,280 and things on the residential. 1162 00:54:34,280 --> 00:54:37,280 - That makes sense, that's what I was saying. 1163 00:54:48,119 --> 00:54:50,300 (mumbles) 1164 00:54:58,320 --> 00:55:00,519 - Okay, here's University right here 1165 00:55:00,519 --> 00:55:01,599 and here's the site. 1166 00:55:02,880 --> 00:55:05,639 The site is right on the edge of the city limit. 1167 00:55:05,639 --> 00:55:07,320 This is our ETJ right here 1168 00:55:08,519 --> 00:55:10,639 and University right here. 1169 00:55:11,960 --> 00:55:15,119 - Well, considering now what Chairman Strangis said 1170 00:55:15,119 --> 00:55:20,119 about how unlikely it is 1171 00:55:20,239 --> 00:55:22,079 that we'd wanna build residential out there 1172 00:55:22,079 --> 00:55:24,559 around gas wells, yet here we are, 1173 00:55:24,559 --> 00:55:28,000 fixing to looking at approving this one. 1174 00:55:30,000 --> 00:55:32,880 - Well, the site is between six and 800 feet 1175 00:55:32,880 --> 00:55:34,599 away from the two gas wells. 1176 00:55:34,599 --> 00:55:36,559 - I understand that, but nonetheless, 1177 00:55:36,559 --> 00:55:38,599 there's still a lot of concern by other people 1178 00:55:38,599 --> 00:55:43,599 that just gas wells, even outside the allowed limits 1179 00:55:44,320 --> 00:55:46,000 pose a health and safety risk. 1180 00:55:46,000 --> 00:55:48,679 But the fact that we're looking at this 1181 00:55:48,679 --> 00:55:51,480 as a business innovative area, 1182 00:55:51,480 --> 00:55:53,760 I'm wondering why we're even considering this. 1183 00:55:53,760 --> 00:55:56,119 If we really wanna push for that, 1184 00:55:56,119 --> 00:55:57,920 and I don't have a problem with that, 1185 00:55:59,039 --> 00:56:00,800 pushing for a business innovative area, 1186 00:56:00,800 --> 00:56:04,599 it seems like we've got a set of rules here 1187 00:56:04,599 --> 00:56:06,519 that allows this to happen, 1188 00:56:06,519 --> 00:56:10,800 yet it's gonna create some conflict down the road. 1189 00:56:10,800 --> 00:56:13,480 - Well, the business, I don't think that 1190 00:56:13,480 --> 00:56:16,519 when the site was designated business innovation, 1191 00:56:16,519 --> 00:56:21,119 the intent was not to negate any 1192 00:56:22,039 --> 00:56:23,599 existing residential neighborhoods. 1193 00:56:23,599 --> 00:56:25,000 - No, not existing, but new development. 1194 00:56:25,000 --> 00:56:27,760 - And because of, well, see, all this he is doing 1195 00:56:27,760 --> 00:56:32,639 is trying to go into an existing residential neighborhood. 1196 00:56:32,639 --> 00:56:33,880 He's not creating a new one. 1197 00:56:33,880 --> 00:56:36,679 This has been here since the '70s, the late '70s. 1198 00:56:39,079 --> 00:56:42,320 - There's been a residence on that particular, 1199 00:56:42,320 --> 00:56:44,719 oh, okay, he just now wants to zone it in. 1200 00:56:44,719 --> 00:56:45,960 - That's right. 1201 00:56:45,960 --> 00:56:48,199 He just found this little place that he likes, 1202 00:56:48,199 --> 00:56:50,719 and it's his version of paradise, 1203 00:56:50,719 --> 00:56:53,000 and this is where he wants to settle down. 1204 00:56:53,000 --> 00:56:55,199 - Okay, all right, thank you. 1205 00:56:56,840 --> 00:56:58,960 - Yeah, just to add a little more background, 1206 00:56:58,960 --> 00:57:01,039 I think part of the issue is, 1207 00:57:01,039 --> 00:57:02,119 they were annexed into the city. 1208 00:57:02,119 --> 00:57:05,159 They came in to get a building permit to build their house, 1209 00:57:05,159 --> 00:57:08,079 and then learned that they had to replat, 1210 00:57:08,079 --> 00:57:09,119 or I shouldn't say replat, 1211 00:57:09,119 --> 00:57:11,639 but really plat the property for the first time. 1212 00:57:11,639 --> 00:57:12,880 But in order to plat the property, 1213 00:57:12,880 --> 00:57:15,800 they have to have the zoning in place. 1214 00:57:15,800 --> 00:57:18,239 And so that's where they are. 1215 00:57:19,440 --> 00:57:20,800 - If they were still out in the county, 1216 00:57:20,800 --> 00:57:22,239 they would have to plat, 1217 00:57:22,239 --> 00:57:23,280 but they wouldn't have to zone 1218 00:57:23,280 --> 00:57:25,079 because there's no zoning in the county. 1219 00:57:25,079 --> 00:57:27,840 However, they were annexed in 2010, so. 1220 00:57:30,480 --> 00:57:33,199 - So that's where I'm gonna have a question 1221 00:57:33,199 --> 00:57:36,039 on these little small parcels like this. 1222 00:57:36,039 --> 00:57:39,719 We've had over the years a number of these. 1223 00:57:39,719 --> 00:57:42,480 Is there some way administratively 1224 00:57:42,480 --> 00:57:47,159 to handle these little small odds and ends projects 1225 00:57:47,159 --> 00:57:50,840 versus we treat a one acre single lot 1226 00:57:50,840 --> 00:57:53,400 like we do a 500 lot subdivision? 1227 00:57:53,400 --> 00:57:56,079 You gotta zone it, plat it, the expense, 1228 00:57:56,079 --> 00:58:00,639 the time to go build a single family residence 1229 00:58:00,639 --> 00:58:02,840 on a small piece of property. 1230 00:58:02,840 --> 00:58:07,119 And it's just a question while we're doing updates with DDC 1231 00:58:07,119 --> 00:58:07,239 s 1232 00:58:07,239 --> 00:58:09,559 if there's a simple way to do that 1233 00:58:09,559 --> 00:58:12,400 or do the people have to go through the process. 1234 00:58:12,400 --> 00:58:13,239 - As far as I know, 1235 00:58:13,239 --> 00:58:15,159 there's no way to zone administratively. 1236 00:58:15,159 --> 00:58:16,760 - No, there's not. 1237 00:58:16,760 --> 00:58:18,559 The state law is very specific 1238 00:58:18,559 --> 00:58:23,559 and consistent with a state zoning enabling act 1239 00:58:23,599 --> 00:58:26,360 that is pretty much the law of the land 1240 00:58:26,360 --> 00:58:28,400 in just about all the states 1241 00:58:28,400 --> 00:58:31,800 that prescribes pretty much the same zoning process 1242 00:58:31,800 --> 00:58:34,639 that involves a two-stage process. 1243 00:58:34,639 --> 00:58:37,239 - If there were, believe me, we would have utilized it. 1244 00:58:37,239 --> 00:58:39,639 - Well then that prompts a follow-up question. 1245 00:58:39,639 --> 00:58:41,760 When the city annexes property 1246 00:58:41,760 --> 00:58:44,800 and assigns a zoning category, 1247 00:58:44,800 --> 00:58:47,039 is there a possibility for the city 1248 00:58:47,039 --> 00:58:49,119 to assign a zoning category 1249 00:58:49,119 --> 00:58:52,239 that's more appropriate to the existing land use? 1250 00:58:52,239 --> 00:58:55,119 - Well, the city doesn't assign a zoning category 1251 00:58:55,119 --> 00:58:57,119 upon annexation. 1252 00:58:57,119 --> 00:58:59,199 When property is annexed, 1253 00:58:59,199 --> 00:59:01,159 we are required by state law 1254 00:59:01,159 --> 00:59:05,320 to allow all existing legal uses of property 1255 00:59:05,320 --> 00:59:07,679 and not interfere with the continuation 1256 00:59:07,679 --> 00:59:11,880 of any legal use of property on any annexed land. 1257 00:59:11,880 --> 00:59:16,280 That doesn't mean that somebody will necessarily 1258 00:59:16,280 --> 00:59:20,559 have their dreams or expectations carried out 1259 00:59:20,559 --> 00:59:22,000 when it is initially zoned. 1260 00:59:23,239 --> 00:59:27,119 So we do have the process that's in place here. 1261 00:59:28,920 --> 00:59:32,199 I guess I'm a little bit unclear as to why it's NR2 1262 00:59:32,199 --> 00:59:34,039 instead of NR1 if it's a one-acre lot, 1263 00:59:34,039 --> 00:59:39,039 but there's no entitlement as such 1264 00:59:40,119 --> 00:59:42,880 to any particular use. 1265 00:59:42,880 --> 00:59:46,960 And we have, in some cases, 1266 00:59:46,960 --> 00:59:51,000 where there was a desired zone for an area, 1267 00:59:52,199 --> 00:59:56,039 worked to combine the zoning and the annexation 1268 00:59:56,039 --> 00:59:57,800 to where they're in rapid succession, 1269 00:59:57,800 --> 01:00:01,639 but those are kind of the exception rather than the rule. 1270 01:00:03,000 --> 01:00:05,679 - Sure, if I can just add to the conversation 1271 01:00:05,679 --> 01:00:08,800 on a future land use discussion. 1272 01:00:08,800 --> 01:00:13,519 We did, back in 2015, sign this area, business innovation, 1273 01:00:13,519 --> 01:00:15,079 and again, the idea, again, 1274 01:00:15,079 --> 01:00:18,679 more of these type of development in this part of the city, 1275 01:00:18,679 --> 01:00:22,519 trying to identify locations for future development, 1276 01:00:22,519 --> 01:00:24,440 really high level in understanding 1277 01:00:24,440 --> 01:00:27,119 that we do have gas wells in this location. 1278 01:00:27,119 --> 01:00:29,880 However, that being said, 1279 01:00:29,880 --> 01:00:32,360 we also have an established neighborhood, 1280 01:00:32,360 --> 01:00:35,320 and the next step after we do 1281 01:00:35,320 --> 01:00:37,000 a future land use designation update, 1282 01:00:37,000 --> 01:00:38,719 such as what we did in 2015, 1283 01:00:38,719 --> 01:00:43,079 is to start to look at the rezoning or zoning code update. 1284 01:00:43,079 --> 01:00:44,679 And that is where we are today, 1285 01:00:44,679 --> 01:00:47,760 and when we bring forward a code update, 1286 01:00:47,760 --> 01:00:50,559 we will be also looking at some rezonings 1287 01:00:50,559 --> 01:00:52,159 or city-wide rezonings. 1288 01:00:53,159 --> 01:00:54,000 This area right here, 1289 01:00:54,000 --> 01:00:57,280 I counted 12 of the 16 being developed. 1290 01:00:57,280 --> 01:00:59,639 To me, that's almost an established neighborhood. 1291 01:01:00,679 --> 01:01:04,920 So this may be under the zoning request today, 1292 01:01:04,920 --> 01:01:06,360 because they submitted an application, 1293 01:01:06,360 --> 01:01:08,480 they may be looking at developing sooner 1294 01:01:08,480 --> 01:01:11,719 than the update of the code. 1295 01:01:11,719 --> 01:01:15,079 However, when we, again, bring forward a code update 1296 01:01:15,079 --> 01:01:16,360 with the zoning map, 1297 01:01:16,360 --> 01:01:19,000 we will certainly look at this location 1298 01:01:19,000 --> 01:01:24,000 and zone it correctly, thinking that it is established. 1299 01:01:24,599 --> 01:01:27,599 Now, that's difficult to say for the other locations. 1300 01:01:27,599 --> 01:01:30,239 However, I think 12 out of 16 1301 01:01:30,239 --> 01:01:34,400 potentially 13 out of 16 is an established neighborhood. 1302 01:01:34,400 --> 01:01:36,679 - Okay, I'm gonna allow a question, 1303 01:01:36,679 --> 01:01:38,039 and I know we're getting short on time, 1304 01:01:38,039 --> 01:01:40,239 so Commissioner Back. - Quickly. 1305 01:01:40,239 --> 01:01:43,119 So if they're gonna develop those other areas, 1306 01:01:43,119 --> 01:01:48,119 they need to, what, have a primary plan in place 1307 01:01:48,719 --> 01:01:51,039 before the DDC changes? 1308 01:01:51,039 --> 01:01:53,440 - No, they don't. 1309 01:01:53,440 --> 01:01:55,320 - Just an application? - Just an application. 1310 01:01:55,320 --> 01:01:56,199 Right, right. - Okay. 1311 01:01:56,199 --> 01:02:00,199 So any future development, this site, 1312 01:02:00,199 --> 01:02:02,599 if the zoning is right, then they're fine. 1313 01:02:02,599 --> 01:02:04,159 They would just need, obviously, to come in and apply 1314 01:02:04,159 --> 01:02:06,119 whenever they're proposing to develop. 1315 01:02:08,639 --> 01:02:10,159 - Any other questions on this item? 1316 01:02:10,159 --> 01:02:11,000 Thank you, Ron. 1317 01:02:20,400 --> 01:02:21,679 Okay, thank you, Cindy. 1318 01:02:23,039 --> 01:02:25,840 Let's call a recess here at 6.08. 1319 01:02:25,840 --> 01:02:29,000 Let's get food, and then we'll pick back up with Dee, 1320 01:02:29,000 --> 01:02:31,639 and then get on back to our work session 1321 01:02:31,639 --> 01:02:34,559 with the project matrix. 1322 01:02:37,840 --> 01:02:41,320 - And welcome back to call us back in the session 1323 01:02:41,320 --> 01:02:46,039 at 6.15 for continuation of our work session. 1324 01:02:46,039 --> 01:02:49,079 We're in our public hearing section of item D. 1325 01:02:49,079 --> 01:02:52,400 We'll call on Julie White for presentation. 1326 01:02:52,400 --> 01:02:53,840 - Good afternoon. 1327 01:02:53,840 --> 01:02:57,000 I am presenting Z189, Mayhill Edwards. 1328 01:02:57,880 --> 01:02:59,960 The request before you is to hold a public hearing 1329 01:02:59,960 --> 01:03:04,519 and consider an initial zoning for a 15-acre track 1330 01:03:04,519 --> 01:03:09,400 to Regional Center Residential One, RCR One District. 1331 01:03:09,400 --> 01:03:11,880 The subject property is outlined here in yellow. 1332 01:03:11,880 --> 01:03:14,760 It is located on the north side of Edwards Road. 1333 01:03:14,760 --> 01:03:17,480 It's situated in the southeast part of town. 1334 01:03:17,480 --> 01:03:18,880 We're probably all familiar with it. 1335 01:03:18,880 --> 01:03:21,480 It's where Colorado and Mayhill and Edwards 1336 01:03:21,480 --> 01:03:23,039 all kind of converge. 1337 01:03:23,039 --> 01:03:24,519 So it's near that area. 1338 01:03:26,880 --> 01:03:28,239 So we'll look at the current zoning. 1339 01:03:28,239 --> 01:03:31,519 Right now it has a place holding zoning of RD5X. 1340 01:03:31,519 --> 01:03:33,400 I know we had a pretty extensive discussion 1341 01:03:33,400 --> 01:03:35,239 about that a few minutes ago, 1342 01:03:35,239 --> 01:03:37,400 and there's gonna be a lot of parallels to this. 1343 01:03:37,400 --> 01:03:41,840 So just a little bit of background on the property. 1344 01:03:41,840 --> 01:03:44,920 It is the 15-acre track that we're talking about today 1345 01:03:44,920 --> 01:03:48,360 is actually part of a larger parent tract. 1346 01:03:48,360 --> 01:03:51,719 It is part of a 19-acre property 1347 01:03:51,719 --> 01:03:56,559 where the western four acres of the tract 1348 01:03:56,559 --> 01:03:58,920 were annexed in the early '80s. 1349 01:03:58,920 --> 01:04:01,760 And during the 2002 citywide rezoning, 1350 01:04:01,760 --> 01:04:05,079 it received a zoning designation of RCR One. 1351 01:04:06,039 --> 01:04:09,519 The subject property was annexed in 2010 1352 01:04:09,519 --> 01:04:12,559 as part of the municipal annexation, 1353 01:04:12,559 --> 01:04:15,559 and it received that place holding designation 1354 01:04:15,559 --> 01:04:18,920 until it could be zoned. 1355 01:04:18,920 --> 01:04:21,639 At this point, the applicant is proposing 1356 01:04:21,639 --> 01:04:24,000 is coming to you for the initial zoning, 1357 01:04:24,000 --> 01:04:27,480 and they're proposing to extend that RCR One 1358 01:04:27,480 --> 01:04:31,420 that's currently on the property to this 15 acres. 1359 01:04:34,400 --> 01:04:37,159 So when we analyze a request, 1360 01:04:37,159 --> 01:04:41,909 our first analysis point is to look at the Comprehensive 1361 01:04:41,909 --> 01:04:42,159 Plan. 1362 01:04:42,440 --> 01:04:45,119 And this area has a designation 1363 01:04:45,119 --> 01:04:47,559 in the future land use of business innovation. 1364 01:04:47,559 --> 01:04:49,239 And as we talked about before, 1365 01:04:49,239 --> 01:04:52,239 this is intended for large-scale employment parks, 1366 01:04:52,239 --> 01:04:55,860 but also with supporting uses such as retail hotels 1367 01:04:55,860 --> 01:04:58,599 and residential for employees. 1368 01:04:59,480 --> 01:05:01,360 RCR district in this instance 1369 01:05:01,360 --> 01:05:03,800 fits this future land use designation 1370 01:05:03,800 --> 01:05:07,139 because it does permit, or for two reasons rather. 1371 01:05:07,139 --> 01:05:10,039 First, it permits those residential uses, 1372 01:05:10,039 --> 01:05:14,800 the some small-scale commercial and retail office uses 1373 01:05:14,800 --> 01:05:18,300 in order to compliment nearby employment centers. 1374 01:05:18,300 --> 01:05:21,519 However, it does permit these uses 1375 01:05:21,519 --> 01:05:24,400 at a kind of a lower scale and intensity 1376 01:05:24,400 --> 01:05:27,320 so that it would develop in a way 1377 01:05:27,320 --> 01:05:29,599 that would be sensitive to nearby neighborhoods. 1378 01:05:29,599 --> 01:05:32,920 So it's got those two parameters within RCR One district. 1379 01:05:35,000 --> 01:05:36,559 We'll take a look at the mobility. 1380 01:05:36,559 --> 01:05:39,019 There's a few mobility options in the area. 1381 01:05:39,019 --> 01:05:41,239 First of all, the property here in yellow 1382 01:05:41,239 --> 01:05:44,099 is located on Edwards, as I said, 1383 01:05:44,099 --> 01:05:46,760 and it has the entire 19-acre tract, 1384 01:05:46,760 --> 01:05:49,400 has approximately 1,000 linear feet 1385 01:05:49,400 --> 01:05:52,679 of frontage along Edwards Road, which is a collector. 1386 01:05:52,679 --> 01:05:57,500 But it's also near the DCTA rail trail, 1387 01:05:57,500 --> 01:05:58,760 and that's that purple. 1388 01:05:58,760 --> 01:06:01,059 It's within a quarter mile of that, 1389 01:06:01,059 --> 01:06:03,960 and also within half a mile of the Med Park Center. 1390 01:06:03,960 --> 01:06:07,059 So there's quite a bit of mobility options in the area. 1391 01:06:08,239 --> 01:06:10,119 And I wanna take a little deeper dive 1392 01:06:10,119 --> 01:06:12,320 in a nearby roadway, May Hill. 1393 01:06:12,320 --> 01:06:15,000 We're all aware that May Hill's under construction, 1394 01:06:15,000 --> 01:06:17,159 and it is close to this property, 1395 01:06:17,159 --> 01:06:19,400 so we just kinda wanted to go through that. 1396 01:06:19,400 --> 01:06:23,280 Now, I will caution you that this little leg of May Hill 1397 01:06:23,280 --> 01:06:27,719 near this property, the alignment is not fully designed. 1398 01:06:29,039 --> 01:06:33,119 So while we're talking about some conceptual issues here, 1399 01:06:33,119 --> 01:06:35,079 the final design may not look like this. 1400 01:06:35,079 --> 01:06:37,360 So let's go over the schematic really quickly. 1401 01:06:37,360 --> 01:06:39,880 I know we're running out of time. 1402 01:06:39,880 --> 01:06:42,599 So if you could see down here at the bottom 1403 01:06:42,599 --> 01:06:44,320 is Colorado, right here. 1404 01:06:44,320 --> 01:06:47,599 And then Edwards is right in this location. 1405 01:06:47,599 --> 01:06:50,480 So this is the current development. 1406 01:06:50,480 --> 01:06:53,280 Here's that DCTA, and if you've driven this, 1407 01:06:53,280 --> 01:06:55,679 you know that you can drive down Colorado, 1408 01:06:55,679 --> 01:06:57,760 and then you go over the railroad tracks, 1409 01:06:57,760 --> 01:06:59,320 and then you take a right to get on Edwards, 1410 01:06:59,320 --> 01:07:02,380 or you kinda curve and stay straight to go up South May 1411 01:07:02,380 --> 01:07:02,900 Hill. 1412 01:07:04,280 --> 01:07:08,500 The future plans, or what they're conceptually considering 1413 01:07:08,500 --> 01:07:12,719 to be the future plans, are May Hill's gonna stay 1414 01:07:12,719 --> 01:07:14,039 in the same location right here. 1415 01:07:14,039 --> 01:07:16,559 So it's gonna punch through across Colorado. 1416 01:07:16,559 --> 01:07:19,880 It will actually go over the railroad tracks in this area. 1417 01:07:19,880 --> 01:07:23,519 So this will be a bridge, and then it will tie in 1418 01:07:23,519 --> 01:07:26,440 to the May Hill construction on the north side. 1419 01:07:26,440 --> 01:07:31,440 Edwards Road, currently this connection here will go away. 1420 01:07:32,440 --> 01:07:36,960 And at grade crossing it, the railroad will go away 1421 01:07:36,960 --> 01:07:38,440 on Edwards Road. 1422 01:07:38,440 --> 01:07:41,880 Instead, Edwards Road, if you're traveling on it 1423 01:07:41,880 --> 01:07:46,880 from the east, it's gonna veer north 1424 01:07:46,920 --> 01:07:51,559 and tie into what is currently the South May Hill Road, 1425 01:07:51,559 --> 01:07:54,000 and it will then continue on. 1426 01:07:54,000 --> 01:07:59,000 Now here's where some phasing comes in. 1427 01:07:59,440 --> 01:08:03,119 First of all, phase one, this Edwards Road will come in, 1428 01:08:03,119 --> 01:08:05,400 and it will go north on the existing alignment, 1429 01:08:05,400 --> 01:08:08,119 and then it will tie in to the future May Hill 1430 01:08:08,119 --> 01:08:11,280 in this location, going both north and south. 1431 01:08:11,280 --> 01:08:12,360 That's phase one. 1432 01:08:12,360 --> 01:08:14,639 Phase two, and the ultimate conditions, 1433 01:08:14,639 --> 01:08:18,479 are you'll be going north on Edwards to here, 1434 01:08:18,479 --> 01:08:20,720 and then it will tie in at this location, 1435 01:08:20,720 --> 01:08:22,800 and you can go either south or north. 1436 01:08:22,800 --> 01:08:27,199 So that's generally what the mobility is gonna be doing 1437 01:08:27,199 --> 01:08:29,319 with May Hill in this location. 1438 01:08:29,319 --> 01:08:30,340 Any questions? 1439 01:08:31,439 --> 01:08:33,739 - We're south of the key. 1440 01:08:33,739 --> 01:08:34,819 - Yes sir, yes sir. 1441 01:08:36,239 --> 01:08:38,800 Yes sir, and one thing I failed to mention, 1442 01:08:38,800 --> 01:08:42,199 May Hill will either maybe track this direction, 1443 01:08:42,199 --> 01:08:43,560 or track in this direction. 1444 01:08:43,560 --> 01:08:45,680 They don't quite know which alignment 1445 01:08:45,680 --> 01:08:48,600 it will ultimately take. 1446 01:08:50,399 --> 01:08:53,180 As part of our review, we also looked at the compatibility, 1447 01:08:53,180 --> 01:08:56,880 not only of the zoning, but also of the surrounding uses. 1448 01:08:56,880 --> 01:08:58,880 So here's our subject property again in yellow, 1449 01:08:58,880 --> 01:09:02,119 I'm sorry, outlined in yellow. 1450 01:09:02,119 --> 01:09:04,159 We have the RCR one to the north, 1451 01:09:04,159 --> 01:09:08,880 as well as on the adjacent tract and on the same tract. 1452 01:09:10,039 --> 01:09:12,279 NRMU 12 is just to the east, 1453 01:09:12,279 --> 01:09:14,920 and that's developed with the multifamily use. 1454 01:09:14,920 --> 01:09:17,520 Further to the east, you have single family neighborhoods, 1455 01:09:17,520 --> 01:09:20,000 and they have a mixture of zoning districts, 1456 01:09:20,000 --> 01:09:23,520 RD5X, NR6, as well as planned development. 1457 01:09:23,520 --> 01:09:25,319 To the west is a little bit of a different story, 1458 01:09:25,319 --> 01:09:27,439 you've got some employment uses. 1459 01:09:27,439 --> 01:09:30,479 You have a lot of development on the highway 1460 01:09:30,479 --> 01:09:33,319 that has medical, you've got the hospital there, 1461 01:09:33,319 --> 01:09:35,119 you've got a lot of doctor's offices. 1462 01:09:35,119 --> 01:09:37,800 You also have flowers, food, a bakery, 1463 01:09:37,800 --> 01:09:39,199 just on the south side of Edwards. 1464 01:09:39,199 --> 01:09:42,760 So you've got a lot of employment uses in this area, 1465 01:09:42,760 --> 01:09:45,239 and in transitioning to residential. 1466 01:09:45,239 --> 01:09:47,359 Our property's kind of in the middle of that. 1467 01:09:47,359 --> 01:09:49,720 And so the property we're considering tonight. 1468 01:09:49,720 --> 01:09:53,479 So in that respect, RCR one would permit some uses 1469 01:09:53,479 --> 01:09:56,439 that can be in transition, 1470 01:09:56,439 --> 01:09:58,600 and we'll talk about that in just a minute. 1471 01:09:59,539 --> 01:10:03,960 So our analysis points included RCR one is consistent 1472 01:10:03,960 --> 01:10:06,640 with that existing zoning pattern that we just talked about 1473 01:10:06,640 --> 01:10:06,640 . 1474 01:10:06,640 --> 01:10:09,319 It really is an extension of that RCR one 1475 01:10:09,319 --> 01:10:10,819 to the north and to the west. 1476 01:10:13,079 --> 01:10:15,600 So it's consistent with the existing zoning pattern 1477 01:10:15,600 --> 01:10:17,399 on the same parcel, as well as the extension 1478 01:10:17,399 --> 01:10:19,600 of that existing zoning pattern. 1479 01:10:19,600 --> 01:10:22,840 If approved, RCR one would consolidate the zoning 1480 01:10:22,840 --> 01:10:27,279 on the property so that development could go forward 1481 01:10:27,279 --> 01:10:30,510 under a uniform set of regulations, including use and scale 1482 01:10:30,510 --> 01:10:30,760 . 1483 01:10:31,920 --> 01:10:34,079 As we talked about on that map, 1484 01:10:34,079 --> 01:10:35,760 this kind of is a transition area 1485 01:10:35,760 --> 01:10:39,039 between those large-scale, high-intensity employment 1486 01:10:39,039 --> 01:10:39,520 centers 1487 01:10:39,520 --> 01:10:42,180 to the west and then those residential neighborhoods. 1488 01:10:42,180 --> 01:10:44,380 And RCR one fits in this area 1489 01:10:44,380 --> 01:10:46,920 because it does permit some higher-density housing 1490 01:10:46,920 --> 01:10:50,819 with an SUP, but also limited office service, 1491 01:10:50,819 --> 01:10:52,560 retail and commercial uses, 1492 01:10:52,560 --> 01:10:57,560 things that would support those employment centers, 1493 01:10:57,720 --> 01:10:59,800 but would also be more compatible in use 1494 01:10:59,800 --> 01:11:01,560 with the residential areas. 1495 01:11:01,560 --> 01:11:05,600 RCR one also has a development scale, building envelope, 1496 01:11:05,600 --> 01:11:08,560 lot coverage, building height that is similar to, 1497 01:11:08,560 --> 01:11:11,359 or actually more restrictive than the surrounding zoning. 1498 01:11:12,399 --> 01:11:14,239 If approved, if the zoning's approved, 1499 01:11:14,239 --> 01:11:17,079 development must comply with all development regulations, 1500 01:11:17,079 --> 01:11:19,720 including any tree preservation, ESA, 1501 01:11:19,720 --> 01:11:21,600 buffer screening, lighting. 1502 01:11:21,600 --> 01:11:24,479 A water service is available along Edwards. 1503 01:11:24,479 --> 01:11:25,859 There is sewer in the area. 1504 01:11:25,859 --> 01:11:29,180 They may have to do some extension when they develop. 1505 01:11:30,600 --> 01:11:32,159 Public notification was sent out. 1506 01:11:32,159 --> 01:11:35,060 We haven't received any responses. 1507 01:11:36,699 --> 01:11:38,640 And so based upon the criteria for approval 1508 01:11:38,640 --> 01:11:40,159 in the Denton Development Code, 1509 01:11:40,159 --> 01:11:44,199 as well as the conformance with the Denton Plan 2030 1510 01:11:44,199 --> 01:11:47,520 and the compatibility of the surrounding property, 1511 01:11:47,520 --> 01:11:49,640 staff does recommend approval of the request, 1512 01:11:49,640 --> 01:11:51,239 and I'll stand for any questions. 1513 01:11:52,479 --> 01:11:53,319 Commissioner Becker. 1514 01:11:53,319 --> 01:11:54,920 - I'll make it quick. 1515 01:11:54,920 --> 01:11:56,119 Probably Amy, this is Richard, 1516 01:11:56,119 --> 01:11:57,920 'cause I was quizzing Julia a while ago, 1517 01:11:57,920 --> 01:11:59,760 and she was perplexed about, 1518 01:11:59,760 --> 01:12:01,840 we've got that trailer park sitting in there, 1519 01:12:01,840 --> 01:12:03,680 just north of there, 1520 01:12:03,680 --> 01:12:08,680 and is that considered manufactured housing, 1521 01:12:09,159 --> 01:12:14,000 or is that the old pre-1976 trailer park classification? 1522 01:12:16,520 --> 01:12:19,800 Well, again, because I'm on this DDC rewrite, 1523 01:12:19,800 --> 01:12:22,800 we're looking at non-conforming conditions. 1524 01:12:22,800 --> 01:12:27,079 - It wouldn't fall under the new definition of, 1525 01:12:27,079 --> 01:12:29,760 it wouldn't, it's really a non-conforming 1526 01:12:30,960 --> 01:12:32,760 manufactured home park. 1527 01:12:32,760 --> 01:12:34,119 I think part of the issue is-- 1528 01:12:34,119 --> 01:12:34,960 - HUD approved? 1529 01:12:36,039 --> 01:12:39,039 - It's prior to, I think those are the older homes. 1530 01:12:39,039 --> 01:12:40,800 - Okay, so once it's gone, it's gone. 1531 01:12:40,800 --> 01:12:41,640 - It's gone. 1532 01:12:45,640 --> 01:12:47,039 - I don't know whether to get you to go forward or backward 1533 01:12:47,039 --> 01:12:47,039 , 1534 01:12:47,039 --> 01:12:51,000 but I thought I saw where you had RCR, 1535 01:12:53,039 --> 01:12:56,199 okay, right there, RCR 1, manufactured housing. 1536 01:12:56,199 --> 01:12:58,359 - Yes, that is just a, 1537 01:12:58,359 --> 01:13:00,479 manufactured housing is what it's developed with, 1538 01:13:00,479 --> 01:13:03,399 just to let you know what the surrounding uses are. 1539 01:13:03,399 --> 01:13:05,560 So it's not saying that that's an approved-- 1540 01:13:05,560 --> 01:13:07,359 - That's not allowed, RCR 1 is allowed? 1541 01:13:07,359 --> 01:13:08,960 - Right, it's just that's what it's developed with. 1542 01:13:08,960 --> 01:13:10,560 - Okay, all right, good enough. 1543 01:13:12,760 --> 01:13:15,279 - Any other questions for Julie on this item? 1544 01:13:17,159 --> 01:13:18,000 All right, thanks. 1545 01:13:18,000 --> 01:13:18,840 - Thank you, Julie. 1546 01:13:20,560 --> 01:13:25,560 That'll take us to our final item on our work session, 1547 01:13:25,680 --> 01:13:27,800 which is gonna be our matrix. 1548 01:13:29,920 --> 01:13:32,479 - I'll be brief, what I attempted to do here 1549 01:13:32,479 --> 01:13:34,000 is really pull off all of the items 1550 01:13:34,000 --> 01:13:38,720 that have been lingering, I think some of them since 2016, 1551 01:13:39,680 --> 01:13:42,399 where we talked about scheduling work session items 1552 01:13:42,399 --> 01:13:43,840 for further discussion. 1553 01:13:43,840 --> 01:13:46,840 And so what I did here is really just assign those dates 1554 01:13:47,680 --> 01:13:49,119 sort of moving forward. 1555 01:13:49,119 --> 01:13:52,399 I did fail to include the discussion on zoning changes 1556 01:13:52,399 --> 01:13:54,560 for single family residential. 1557 01:13:55,680 --> 01:13:57,760 I guess this RD5X one tonight, 1558 01:13:57,760 --> 01:13:59,800 I think that the Little Brook Estates 1559 01:13:59,800 --> 01:14:02,199 is probably a good example of that. 1560 01:14:02,199 --> 01:14:06,359 I will include as part of the September 12th, 1561 01:14:06,359 --> 01:14:08,359 so I'll add that. 1562 01:14:08,359 --> 01:14:12,119 I do have two dates for the tree code. 1563 01:14:12,119 --> 01:14:14,119 The first one is really to give an update, 1564 01:14:14,119 --> 01:14:16,760 we're going back to the Committee on the Environment, 1565 01:14:16,760 --> 01:14:19,600 August 6th, and then I think we'll be going 1566 01:14:19,600 --> 01:14:22,039 to City Council shortly thereafter. 1567 01:14:22,039 --> 01:14:24,239 And so that was really just to provide an update 1568 01:14:24,239 --> 01:14:26,279 as far as where we are on things 1569 01:14:26,279 --> 01:14:27,840 and where things are progressing, 1570 01:14:27,840 --> 01:14:30,800 and then sort of bringing it back a few weeks later 1571 01:14:31,680 --> 01:14:34,920 once we start revising based on input. 1572 01:14:38,279 --> 01:14:40,100 Another item I wanted to include, 1573 01:14:42,239 --> 01:14:43,960 we will be losing our chair. 1574 01:14:47,600 --> 01:14:48,680 We'll be having a new chair, 1575 01:14:48,680 --> 01:14:53,359 so that will be on most likely on next meeting's agenda. 1576 01:14:54,520 --> 01:14:58,199 There was a new appointee, I got word last night. 1577 01:14:58,199 --> 01:15:03,199 And so kind of going back to the matrix, 1578 01:15:04,359 --> 01:15:06,359 wanting to start the meetings early, 1579 01:15:06,359 --> 01:15:08,319 so I wanted to make sure if we started at four o'clock, 1580 01:15:08,319 --> 01:15:10,680 maybe 4.30 depending on the topic, 1581 01:15:10,680 --> 01:15:13,600 just wanted to make sure that was okay with everybody. 1582 01:15:13,600 --> 01:15:14,720 - The next B and Z? 1583 01:15:15,800 --> 01:15:19,520 - Yeah, moving forward with all of these items, correct. 1584 01:15:19,520 --> 01:15:21,039 One, making sure we had enough time 1585 01:15:21,039 --> 01:15:24,000 for the agenda items as well as discussion, 1586 01:15:24,880 --> 01:15:29,880 but also for next week to have a little reception for Jim. 1587 01:15:30,039 --> 01:15:31,239 - Absolutely. - Have a cupcake, 1588 01:15:31,239 --> 01:15:33,119 that's tradition. (laughing) 1589 01:15:33,119 --> 01:15:35,340 - When's your official cutoff date? 1590 01:15:35,340 --> 01:15:38,199 - Today. - What, seriously? 1591 01:15:38,199 --> 01:15:39,039 - Seriously. 1592 01:15:39,039 --> 01:15:41,760 - I thought not August or September, huh? 1593 01:15:41,760 --> 01:15:44,159 - I think next meeting I'll have a replacement. 1594 01:15:44,159 --> 01:15:48,399 So we'll get to have cake and say thank yous and goodbyes 1595 01:15:48,399 --> 01:15:50,539 and business continues. 1596 01:15:52,159 --> 01:15:53,439 - Happily, he says. 1597 01:15:54,680 --> 01:15:56,880 - For everybody. - Gonna miss your expertise. 1598 01:15:56,880 --> 01:15:58,479 Gonna miss your expertise. 1599 01:15:58,479 --> 01:15:59,840 - Thank you. 1600 01:15:59,840 --> 01:16:02,000 - The only other item I wanted to add, 1601 01:16:05,720 --> 01:16:07,359 given that we have four tonight, 1602 01:16:08,479 --> 01:16:11,199 and we had the issue previously on the tie vote 1603 01:16:11,199 --> 01:16:13,119 and sort of what that does, 1604 01:16:14,479 --> 01:16:17,840 Scott, maybe Scott can give a, 1605 01:16:17,840 --> 01:16:21,920 I know he had provided some guidance on this matter. 1606 01:16:21,920 --> 01:16:25,760 I think it was also brought up at the city council level. 1607 01:16:25,760 --> 01:16:30,079 So I'll let Scott answer or update. 1608 01:16:30,079 --> 01:16:32,319 (laughing) 1609 01:16:33,600 --> 01:16:37,600 - Ultimately, we know how the tie vote resulted 1610 01:16:37,600 --> 01:16:39,880 and what we're gonna do is look at changing. 1611 01:16:39,880 --> 01:16:42,619 We've got a couple of different avenues that we're pursuing 1612 01:16:42,619 --> 01:16:42,840 . 1613 01:16:43,800 --> 01:16:45,760 One is changing the development code. 1614 01:16:45,760 --> 01:16:47,779 One is changing the municipal code. 1615 01:16:48,800 --> 01:16:50,199 Well, there are three options really, 1616 01:16:50,199 --> 01:16:55,109 or whether council opts to eliminate the tie vote provision 1617 01:16:55,109 --> 01:16:55,199 . 1618 01:16:57,800 --> 01:16:59,899 The bottom line is council has a desire 1619 01:16:59,899 --> 01:17:02,760 to correct that deficiency 1620 01:17:02,760 --> 01:17:06,199 because based on the learning example that we had, 1621 01:17:06,199 --> 01:17:10,000 that it would just end up in a circular fashion 1622 01:17:10,000 --> 01:17:11,279 that could never be resolved 1623 01:17:11,279 --> 01:17:15,439 because we couldn't ultimately have a full board 1624 01:17:16,439 --> 01:17:18,119 or full commission. 1625 01:17:18,119 --> 01:17:19,399 So with that being said, 1626 01:17:19,399 --> 01:17:22,680 we'll most likely be bringing something back 1627 01:17:22,680 --> 01:17:27,680 through the commission to amend the development code 1628 01:17:30,039 --> 01:17:33,159 and or we will take it directly to council, 1629 01:17:33,159 --> 01:17:37,760 which they will be amending the council rules of procedure, 1630 01:17:37,760 --> 01:17:41,800 which address this particular commission. 1631 01:17:41,800 --> 01:17:44,239 So going forward, just certainly, 1632 01:17:44,239 --> 01:17:46,119 we're gonna make the change necessary 1633 01:17:46,119 --> 01:17:49,720 so that this commission does not find itself 1634 01:17:49,720 --> 01:17:54,079 in a precarious position that it can't ultimately act. 1635 01:17:54,079 --> 01:17:55,319 The bottom line that is, 1636 01:17:55,319 --> 01:17:59,819 is that a tie vote will result in a denial. 1637 01:17:59,819 --> 01:18:02,300 And then again, we're trying to address the denial 1638 01:18:02,300 --> 01:18:06,699 in such a fashion that it may not require 1639 01:18:06,699 --> 01:18:09,159 a super majority at council. 1640 01:18:09,159 --> 01:18:12,680 So that way council can hear it as a denial 1641 01:18:12,680 --> 01:18:14,720 just by the mere fact that it was a tie vote 1642 01:18:14,720 --> 01:18:17,520 and then they can vote and it would be a simple majority. 1643 01:18:17,520 --> 01:18:19,760 So it'll be up to council really to determine 1644 01:18:19,760 --> 01:18:21,920 whether it's a simple majority 1645 01:18:21,920 --> 01:18:25,960 or require a three quarter majority, super majority. 1646 01:18:28,439 --> 01:18:31,800 Jerry, to capture that accurately or close enough. 1647 01:18:31,800 --> 01:18:36,319 - I'm not sure that that's going to work under the statute, 1648 01:18:36,319 --> 01:18:38,039 but we can sure take a look at it. 1649 01:18:39,760 --> 01:18:42,960 I think a denial is going to create a super majority. 1650 01:18:42,960 --> 01:18:45,920 - Yeah, and that's what council has to ultimately decide 1651 01:18:45,920 --> 01:18:47,319 as to which route they're gonna pursue. 1652 01:18:47,319 --> 01:18:48,880 - No, I think the statute says 1653 01:18:48,880 --> 01:18:51,479 that the denial proves super majority. 1654 01:18:51,479 --> 01:18:53,199 But we can sure look into that. 1655 01:18:54,079 --> 01:18:55,680 - Yeah, that's Aaron, thank you. 1656 01:18:59,079 --> 01:19:02,720 - Anything else on matrix and law session? 1657 01:19:03,600 --> 01:19:05,079 Okay. 1658 01:19:05,079 --> 01:19:09,960 Great, well at 6.32, we're gonna close our work session 1659 01:19:09,960 --> 01:19:11,760 and reconvene as quickly as we can. 1660 01:19:15,359 --> 01:19:17,159 - Good evening everyone and welcome to the 1661 01:19:17,159 --> 01:19:19,380 city of Denton planning and zoning commission meeting 1662 01:19:19,380 --> 01:19:22,380 for July 25th, 2018. 1663 01:19:23,720 --> 01:19:25,180 This meeting has been duly posted 1664 01:19:25,180 --> 01:19:26,939 and we do have a quorum present 1665 01:19:26,939 --> 01:19:30,640 and I will call us to order at 6.45. 1666 01:19:30,640 --> 01:19:32,479 Our first order of business will be to stand 1667 01:19:32,479 --> 01:19:34,880 and give the pledge to the US and the Texas flag. 1668 01:19:35,079 --> 01:19:38,239 (audience applauding) 1669 01:19:39,640 --> 01:19:41,880 - I pledge allegiance to the flag 1670 01:19:41,880 --> 01:19:44,520 of the United States of America 1671 01:19:44,520 --> 01:19:47,560 and to the republic for which it stands, 1672 01:19:47,560 --> 01:19:51,199 one nation, under God, indivisible, 1673 01:19:51,199 --> 01:19:54,199 with liberty and justice for all. 1674 01:19:56,199 --> 01:19:58,359 - I honor the Texas flag. 1675 01:19:58,359 --> 01:20:01,359 - I pledge allegiance to thee, Texas, 1676 01:20:01,359 --> 01:20:06,359 one nation, under God, one indivisible. 1677 01:20:20,920 --> 01:20:24,119 - The next item on our agenda will be 1678 01:20:24,119 --> 01:20:27,640 consider approval of the planning and zoning commission 1679 01:20:27,640 --> 01:20:29,880 minutes for July the 11th. 1680 01:20:29,880 --> 01:20:31,239 Commissioner Beck. 1681 01:20:31,239 --> 01:20:33,600 - Thank you, I move we approve the minutes. 1682 01:20:33,600 --> 01:20:35,279 - Okay, Commissioner Ellis. 1683 01:20:35,279 --> 01:20:36,119 - Second. 1684 01:20:36,119 --> 01:20:38,880 - Okay, we have a first and a second for approval. 1685 01:20:38,880 --> 01:20:39,800 Any discussion? 1686 01:20:41,239 --> 01:20:43,640 Seeing none, I'll call for a vote on the board. 1687 01:20:49,359 --> 01:20:51,159 Motion's gonna carry four to zero. 1688 01:20:52,439 --> 01:20:54,859 That will take us to our consent agenda. 1689 01:20:57,500 --> 01:20:58,399 Commissioner Ellis. 1690 01:20:58,399 --> 01:21:00,960 - Thank you, Chair, I move approval of consent agenda. 1691 01:21:00,960 --> 01:21:02,319 Commissioner Beck. 1692 01:21:02,319 --> 01:21:03,159 - Second. 1693 01:21:03,159 --> 01:21:06,399 - Okay, we have a first and a second for approval. 1694 01:21:06,399 --> 01:21:07,279 Any discussion? 1695 01:21:09,039 --> 01:21:10,680 I'll call for a vote on the board. 1696 01:21:16,039 --> 01:21:18,359 That motion's gonna carry four to zero. 1697 01:21:19,880 --> 01:21:22,760 That moves us to our item four on our agenda, 1698 01:21:22,760 --> 01:21:25,720 which is individual consideration items. 1699 01:21:25,720 --> 01:21:28,479 This particular item has been withdrawn 1700 01:21:28,479 --> 01:21:31,760 and it will have to come back at a future date 1701 01:21:31,760 --> 01:21:33,319 and it is not a date certain. 1702 01:21:35,640 --> 01:21:38,319 That will move us to our public hearings section 1703 01:21:38,319 --> 01:21:40,960 this evening and at this time I'm gonna open 1704 01:21:40,960 --> 01:21:45,720 the public hearing for Z18-0010 1705 01:21:45,720 --> 01:21:48,039 and I will call on Haley for presentation. 1706 01:21:59,479 --> 01:22:02,399 - Good evening, this is case Z18-10 1707 01:22:02,399 --> 01:22:03,920 for the People's Funeral Home. 1708 01:22:04,960 --> 01:22:07,159 The request before you is to hold a public hearing 1709 01:22:07,159 --> 01:22:09,840 and consider making a recommendation to the city council 1710 01:22:09,840 --> 01:22:11,800 regarding a request for a zoning change 1711 01:22:11,800 --> 01:22:13,699 from neighborhood residential four district 1712 01:22:13,699 --> 01:22:16,420 to downtown commercial neighborhood district. 1713 01:22:16,420 --> 01:22:19,520 The subject property is outlined in black on the maps there 1714 01:22:19,520 --> 01:22:21,140 so you can see the current zoning on the top 1715 01:22:21,140 --> 01:22:24,159 and the proposed zoning on the bottom. 1716 01:22:24,159 --> 01:22:26,680 The total site is a 0.64 acres 1717 01:22:26,680 --> 01:22:29,000 and as you can see it's situated in between Mulberry 1718 01:22:29,000 --> 01:22:30,340 and Sycamore streets. 1719 01:22:32,199 --> 01:22:34,560 The property is comprised of four lots. 1720 01:22:34,560 --> 01:22:37,380 You see the eastern most lot on the map is developed 1721 01:22:37,380 --> 01:22:39,239 with the existing people's funeral home. 1722 01:22:39,239 --> 01:22:42,119 The other three lots are vacant at this time. 1723 01:22:42,119 --> 01:22:44,800 The owner is seeking to expand the existing building 1724 01:22:44,800 --> 01:22:46,760 to enlarge their chapel space 1725 01:22:46,760 --> 01:22:49,119 and as well as to add a parking lot. 1726 01:22:49,119 --> 01:22:52,039 The funeral home has been in operation at this location 1727 01:22:52,039 --> 01:22:54,340 since at least 1974. 1728 01:22:54,340 --> 01:22:57,239 However, the business itself, People's Funeral Home 1729 01:22:57,239 --> 01:22:59,479 was previously citizens undertaking 1730 01:22:59,479 --> 01:23:02,119 and the use has been in multiple locations. 1731 01:23:02,119 --> 01:23:04,960 I believe it started on Hickory Street back in the 1930s 1732 01:23:04,960 --> 01:23:06,159 from what we could find. 1733 01:23:08,520 --> 01:23:10,859 The funeral home use is classified as a mortuary 1734 01:23:10,859 --> 01:23:12,199 in the Denton Development Code 1735 01:23:12,199 --> 01:23:15,039 and mortuaries are not permitted in NR4 1736 01:23:15,039 --> 01:23:17,579 or in any of our residential zoning districts. 1737 01:23:18,720 --> 01:23:22,039 The use is not considered to be legally nonconforming 1738 01:23:22,039 --> 01:23:24,340 or a special exception in this case 1739 01:23:24,340 --> 01:23:26,039 because the use has never been permitted 1740 01:23:26,039 --> 01:23:27,640 under the zoning for this property. 1741 01:23:27,640 --> 01:23:30,840 Prior to the 2002 rezoning to NR4, 1742 01:23:30,840 --> 01:23:35,279 the property had been designated SF7 since 1969. 1743 01:23:36,739 --> 01:23:39,420 DCN is the least intensive zoning district 1744 01:23:39,420 --> 01:23:41,619 that would permit the use on this property. 1745 01:23:42,840 --> 01:23:46,520 So to give you a few more details about what is proposed, 1746 01:23:46,520 --> 01:23:49,960 they currently have just over 3,200 square feet of building 1747 01:23:49,960 --> 01:23:51,399 on that one lot. 1748 01:23:51,399 --> 01:23:54,060 They're proposing to add about 2,500 square feet, 1749 01:23:54,060 --> 01:23:56,720 as I said, primarily to add more chapel space 1750 01:23:56,720 --> 01:23:57,960 to the building. 1751 01:23:57,960 --> 01:24:00,600 There's currently only two on-site parking spaces 1752 01:24:00,600 --> 01:24:02,159 located along Mulberry. 1753 01:24:02,159 --> 01:24:04,619 So they're proposing to add parking here 1754 01:24:04,619 --> 01:24:09,039 on the two Western lots for a total of 25 spaces. 1755 01:24:09,039 --> 01:24:11,920 And they are also proposing landscaping buffers 1756 01:24:11,920 --> 01:24:14,640 on the Western, Eastern and Southern portions 1757 01:24:14,640 --> 01:24:17,479 of the property to buffer between this commercial use 1758 01:24:17,479 --> 01:24:19,939 and the surrounding single-family properties. 1759 01:24:22,239 --> 01:24:24,560 Staff looked at multiple criteria for approval 1760 01:24:24,560 --> 01:24:25,640 with this request. 1761 01:24:25,640 --> 01:24:27,560 Our two basic criteria are conformity 1762 01:24:27,560 --> 01:24:30,720 to the future land use element of our Denton plan 1763 01:24:30,720 --> 01:24:34,199 as well as the facilitation of infrastructure provision. 1764 01:24:34,199 --> 01:24:36,640 When a request does not conform to the future land use map, 1765 01:24:36,640 --> 01:24:39,159 the code gives us several other criteria to look at 1766 01:24:39,159 --> 01:24:40,680 that you can see outlined here, 1767 01:24:40,680 --> 01:24:43,399 described in full detail in your agenda backup. 1768 01:24:43,399 --> 01:24:45,859 So I'll just kind of breeze through some of these. 1769 01:24:47,640 --> 01:24:48,960 The first criteria, as I mentioned, 1770 01:24:48,960 --> 01:24:51,800 being the future land use element of the Denton plan, 1771 01:24:51,800 --> 01:24:54,199 this property as well as the surrounding area 1772 01:24:54,199 --> 01:24:56,840 is designated for low density residential. 1773 01:24:56,840 --> 01:25:00,399 That designation typically applies to areas 1774 01:25:00,399 --> 01:25:02,720 with development between one and four dwelling units 1775 01:25:02,720 --> 01:25:03,680 per acre. 1776 01:25:03,680 --> 01:25:05,199 Other uses that are permitted 1777 01:25:05,199 --> 01:25:07,359 in low density residential areas are churches 1778 01:25:07,359 --> 01:25:09,119 and places of worship. 1779 01:25:09,119 --> 01:25:10,640 Wanted to point out that functionally, 1780 01:25:10,640 --> 01:25:12,760 a funeral home is very similar to a church 1781 01:25:12,760 --> 01:25:15,000 or a place of worship in terms of how much traffic 1782 01:25:15,000 --> 01:25:17,000 visits the site and the frequency of it. 1783 01:25:18,039 --> 01:25:19,920 So DCN is not consistent 1784 01:25:19,920 --> 01:25:22,039 with this future land use designation 1785 01:25:22,039 --> 01:25:26,260 because it does allow in addition to the funeral home, 1786 01:25:26,260 --> 01:25:29,100 many other commercial uses as well as multifamily. 1787 01:25:30,520 --> 01:25:32,159 Another element of the comprehensive plan 1788 01:25:32,159 --> 01:25:34,680 that I thought was important for this case is 1789 01:25:34,680 --> 01:25:36,680 that one of its criteria is the preservation 1790 01:25:36,680 --> 01:25:39,119 of the character of existing neighborhoods. 1791 01:25:39,119 --> 01:25:42,119 Due to the longevity of this use and its history, 1792 01:25:42,119 --> 01:25:44,640 it seems very reasonable to assume that this funeral home 1793 01:25:44,640 --> 01:25:46,119 is an integral part of the character 1794 01:25:46,119 --> 01:25:47,880 of the Solomon Hills neighborhood. 1795 01:25:48,920 --> 01:25:52,640 So as I mentioned, the request to DCN district 1796 01:25:52,640 --> 01:25:54,960 is not compatible with the future land use. 1797 01:25:54,960 --> 01:25:56,500 It's also not directly compatible 1798 01:25:56,500 --> 01:25:59,720 with the surrounding zoning of NR4. 1799 01:25:59,720 --> 01:26:02,399 DCN would permit, as I mentioned, commercial uses 1800 01:26:02,399 --> 01:26:04,319 as well as multifamily at up to a density 1801 01:26:04,319 --> 01:26:06,319 of 72 units per acre. 1802 01:26:06,319 --> 01:26:08,680 It also permits a building height of 100 feet. 1803 01:26:09,760 --> 01:26:13,300 Combined, everything permitted in DCN could be a catalyst 1804 01:26:13,300 --> 01:26:14,520 for change in this neighborhood 1805 01:26:14,520 --> 01:26:15,800 where other properties around it 1806 01:26:15,800 --> 01:26:18,159 could also apply for rezonings. 1807 01:26:18,159 --> 01:26:20,399 So to allow some protection on that, 1808 01:26:20,399 --> 01:26:22,000 staff looked at this as a situation 1809 01:26:22,000 --> 01:26:24,079 where an overlay would be very applicable 1810 01:26:24,079 --> 01:26:26,279 'cause it would allow us to restrict the uses 1811 01:26:26,279 --> 01:26:28,000 as well as the scale of development 1812 01:26:28,000 --> 01:26:29,199 to make this more compatible 1813 01:26:29,199 --> 01:26:31,399 with the surrounding zoning and neighborhood. 1814 01:26:33,079 --> 01:26:36,319 The rezoning would create kind of an isolated pocket of DCN 1815 01:26:36,319 --> 01:26:36,399 . 1816 01:26:37,359 --> 01:26:39,039 However, it wanted to point out 1817 01:26:39,039 --> 01:26:42,039 that based on the concept plan they provided, 1818 01:26:42,039 --> 01:26:44,800 they are still able to provide all of the required elements 1819 01:26:44,800 --> 01:26:46,359 for buffering and screening this use 1820 01:26:46,359 --> 01:26:48,279 that would be required by the code. 1821 01:26:48,279 --> 01:26:50,279 So that will help make this more compatible 1822 01:26:50,279 --> 01:26:51,960 with the surrounding area. 1823 01:26:51,960 --> 01:26:53,960 The expansion would also be kind of serving 1824 01:26:53,960 --> 01:26:55,399 the public good of the neighborhood, if you will, 1825 01:26:55,399 --> 01:26:56,960 because it would take a lot of the parking 1826 01:26:56,960 --> 01:26:59,829 that's currently provided on street onto the property 1827 01:26:59,829 --> 01:27:00,199 itself, 1828 01:27:00,199 --> 01:27:01,640 which would make the neighborhood more safe 1829 01:27:01,640 --> 01:27:04,550 for emergency services to access the site if they needed to 1830 01:27:04,550 --> 01:27:04,739 . 1831 01:27:07,220 --> 01:27:09,000 Just a little more background, as I mentioned, 1832 01:27:09,000 --> 01:27:11,560 the funeral home has been there for 40 years. 1833 01:27:11,560 --> 01:27:12,920 We looked through all of our files 1834 01:27:12,920 --> 01:27:15,119 and found no complaints about the property, 1835 01:27:15,119 --> 01:27:17,920 no instances where CIS had to go out there 1836 01:27:17,920 --> 01:27:19,359 for anything beyond parking 1837 01:27:19,359 --> 01:27:22,439 on one of the unimproved lots next door. 1838 01:27:22,439 --> 01:27:24,439 So we found that the continuation of this use 1839 01:27:24,439 --> 01:27:26,800 would be very unlikely to cause any injury 1840 01:27:26,800 --> 01:27:27,939 to the surrounding neighborhood 1841 01:27:27,939 --> 01:27:30,640 since it's been there for so long without ill effect. 1842 01:27:32,000 --> 01:27:35,060 Also wanted to point out the fact that the city and staff 1843 01:27:35,060 --> 01:27:36,760 have known about this use. 1844 01:27:36,760 --> 01:27:38,479 It's been there since '74, as I said, 1845 01:27:38,479 --> 01:27:40,460 we have had a couple of cases of parking 1846 01:27:40,460 --> 01:27:43,399 on the adjoining properties where CIS has gone out, 1847 01:27:43,399 --> 01:27:45,619 but the city's taken no enforcement actions 1848 01:27:45,619 --> 01:27:46,899 to try to shut down this use, 1849 01:27:46,899 --> 01:27:49,159 despite it not being legal on the property. 1850 01:27:50,359 --> 01:27:53,779 It's also worth noting that with the 2002 rezoning, 1851 01:27:53,779 --> 01:27:56,800 as well as our two comprehensive plans in '99 1852 01:27:56,800 --> 01:27:59,739 and then in 2015, again, the use was known 1853 01:27:59,739 --> 01:28:02,579 and the city did not make the use legal at that time 1854 01:28:02,579 --> 01:28:05,180 with the zoning district that could have been applied, 1855 01:28:05,180 --> 01:28:07,279 or even through addressing that 1856 01:28:07,279 --> 01:28:09,479 in the comprehensive plan somehow. 1857 01:28:11,399 --> 01:28:13,060 And looking at our other main criteria, 1858 01:28:13,060 --> 01:28:16,359 which was the provision of access and infrastructure, 1859 01:28:16,359 --> 01:28:18,399 there's ample access to the site already, 1860 01:28:18,399 --> 01:28:19,579 as you saw with their site plan, 1861 01:28:19,579 --> 01:28:22,279 they're proposing a drive that would connect the site 1862 01:28:22,279 --> 01:28:25,460 from Mulberry to Sycamore to allow through traffic, 1863 01:28:25,460 --> 01:28:27,319 and water and service utilities 1864 01:28:27,319 --> 01:28:28,739 are currently serving the site, 1865 01:28:28,739 --> 01:28:31,239 and of course would be available for the expansion. 1866 01:28:32,880 --> 01:28:35,739 Public notices were sent regarding the request. 1867 01:28:35,739 --> 01:28:38,460 Before this meeting, I received one in opposition, 1868 01:28:38,460 --> 01:28:39,880 which is shown in red on the map, 1869 01:28:39,880 --> 01:28:43,220 and then one in favor, which that person happened 1870 01:28:43,220 --> 01:28:45,380 to own two properties adjoining the site. 1871 01:28:45,380 --> 01:28:47,420 You see those outlined in green on the map. 1872 01:28:47,420 --> 01:28:49,699 A neighborhood meeting was held on June 9th. 1873 01:28:49,699 --> 01:28:51,500 There were eight to nine people at that meeting, 1874 01:28:51,500 --> 01:28:54,619 and at the time, no opposition or concerns were voiced. 1875 01:28:56,760 --> 01:28:59,079 So given the uniqueness of this request, 1876 01:28:59,079 --> 01:29:02,979 staff has found that the DCN zoning could be appropriate 1877 01:29:02,979 --> 01:29:04,720 and compatible with the site 1878 01:29:04,720 --> 01:29:07,239 if overlay restrictions are applied. 1879 01:29:07,239 --> 01:29:09,460 We propose that those restrictions would be 1880 01:29:09,460 --> 01:29:12,060 to limit the permitted uses within the DCN district 1881 01:29:12,060 --> 01:29:15,420 to only the mortuary use that is desired for the property, 1882 01:29:15,420 --> 01:29:18,220 and to limit the building height to one story, 1883 01:29:18,220 --> 01:29:20,859 rather than the 100 feet that would be permitted by ride. 1884 01:29:20,859 --> 01:29:23,060 And I'd be happy to stand for any questions. 1885 01:29:27,380 --> 01:29:28,819 - No questions? 1886 01:29:28,819 --> 01:29:30,739 Okay, you did a good job on the work session. 1887 01:29:30,739 --> 01:29:31,579 - Thank you. 1888 01:29:31,579 --> 01:29:32,399 - Thank you. 1889 01:29:32,399 --> 01:29:33,239 - And the applicant is here as well, 1890 01:29:33,239 --> 01:29:35,100 if there are any questions. 1891 01:29:35,100 --> 01:29:36,180 - This is a public hearing, 1892 01:29:36,180 --> 01:29:38,380 so I'll call on the applicant at this time. 1893 01:29:39,460 --> 01:29:41,699 (coughing) 1894 01:29:50,819 --> 01:29:53,220 - If you'll give us your name and address, 1895 01:29:53,220 --> 01:29:54,619 we'd appreciate it. 1896 01:29:54,619 --> 01:29:56,380 - My name is Johnny Brumfield, 1897 01:29:56,380 --> 01:29:59,699 and I'm a member of local church, 1898 01:29:59,699 --> 01:30:01,220 Flesk Grove Baptist Church, 1899 01:30:01,220 --> 01:30:04,439 which is kind of a category for the funeral home. 1900 01:30:05,260 --> 01:30:08,699 And as the owner's representative, 1901 01:30:08,699 --> 01:30:12,380 we have a expansion that has been expressed, 1902 01:30:12,380 --> 01:30:14,659 and a couple of good things it's gonna do 1903 01:30:14,659 --> 01:30:15,939 for the neighborhood, 1904 01:30:15,939 --> 01:30:19,340 it's gonna also help the funeral home to meet its needs, 1905 01:30:19,340 --> 01:30:20,539 its current needs, 1906 01:30:20,539 --> 01:30:22,699 because there is no available parking, 1907 01:30:22,699 --> 01:30:24,680 as you see, only two parking spaces. 1908 01:30:24,680 --> 01:30:27,340 So we're gonna drastically improve that. 1909 01:30:27,340 --> 01:30:30,579 And we also want to add some beautification, 1910 01:30:30,579 --> 01:30:32,479 so we're gonna be doing some buffering 1911 01:30:32,479 --> 01:30:37,260 that's going to help to also beautify the area. 1912 01:30:37,260 --> 01:30:39,739 So I thank you all that this is gonna meet 1913 01:30:39,739 --> 01:30:41,500 the current needs of the funeral home, 1914 01:30:41,500 --> 01:30:44,800 and it's also going to help alleviate the parking problem 1915 01:30:44,800 --> 01:30:46,140 on those streets. 1916 01:30:47,460 --> 01:30:49,659 - Okay, see if I have any questions. 1917 01:30:49,659 --> 01:30:51,539 - Are there any questions? 1918 01:30:51,539 --> 01:30:52,359 - Commissioner Backer. 1919 01:30:52,359 --> 01:30:53,199 - Thank you, Chair. 1920 01:30:53,199 --> 01:30:55,420 Thank you, Mr. Brumfield, for your presentation. 1921 01:30:55,420 --> 01:30:57,340 Just wanna bring something up that came up in the work 1922 01:30:57,340 --> 01:30:58,060 session 1923 01:30:58,060 --> 01:30:59,739 regarding landscaping and everything. 1924 01:30:59,739 --> 01:31:03,699 I believe this is required for when you've got 1925 01:31:03,699 --> 01:31:04,819 a different development, 1926 01:31:04,819 --> 01:31:06,100 butting up against residential. 1927 01:31:06,100 --> 01:31:10,100 Are you okay with the amount of landscaping 1928 01:31:10,100 --> 01:31:12,020 that this requires? 1929 01:31:12,020 --> 01:31:13,619 - We definitely are okay with that, 1930 01:31:13,619 --> 01:31:15,380 but we wanted to leave that as an option, 1931 01:31:15,380 --> 01:31:17,779 just so we could kinda have some flexibility there. 1932 01:31:17,779 --> 01:31:18,760 - Sure, sure. 1933 01:31:18,760 --> 01:31:19,720 Okay, thank you. 1934 01:31:22,500 --> 01:31:24,500 - Any other questions for the applicant? 1935 01:31:26,060 --> 01:31:28,260 Okay, thank you, sir. 1936 01:31:28,260 --> 01:31:29,100 - Thank you. 1937 01:31:34,380 --> 01:31:35,659 - Have a whole bunch of cards, 1938 01:31:35,659 --> 01:31:37,460 and I think we ran out of cards, 1939 01:31:37,460 --> 01:31:40,659 so I don't know exactly who would like to speak 1940 01:31:40,659 --> 01:31:42,460 and who just wanted to, 1941 01:31:44,460 --> 01:31:46,399 some of them are marked, no speaking. 1942 01:31:49,979 --> 01:31:51,819 Do not wish to speak. 1943 01:31:51,819 --> 01:31:52,979 Let me read through the cards, 1944 01:31:52,979 --> 01:31:54,579 and I'm just gonna kinda go through these, 1945 01:31:54,579 --> 01:31:56,140 and let me get through the cards that I have 1946 01:31:56,140 --> 01:31:57,060 that don't wish to speak, 1947 01:31:57,060 --> 01:31:58,880 and then we'll get to the cards in here 1948 01:31:58,880 --> 01:32:01,159 that do request to speak. 1949 01:32:04,699 --> 01:32:07,420 I think it says Lori, 1950 01:32:07,420 --> 01:32:12,420 and it looks like Mingo Road 2601, I think. 1951 01:32:14,100 --> 01:32:15,739 No speaking in support. 1952 01:32:16,800 --> 01:32:21,300 Cynthia Cochran, you do wanna speak? 1953 01:32:22,140 --> 01:32:25,539 Okay, if you'll let me come on the bottom. 1954 01:32:27,899 --> 01:32:31,420 Then I've got Mabel, 1955 01:32:31,420 --> 01:32:35,340 I can't make out the name, 111 South Crawford. 1956 01:32:38,539 --> 01:32:41,739 Dura Vette, 111 South Crawford, 1957 01:32:41,739 --> 01:32:43,979 in support, does not wish to speak. 1958 01:32:45,699 --> 01:32:46,539 Okay. 1959 01:32:48,460 --> 01:32:52,420 Got Ethe McQueen, 1418 Noble Street, 1960 01:32:52,420 --> 01:32:54,659 in support, not wishing to speak. 1961 01:32:57,539 --> 01:32:58,899 Does wish to speak. 1962 01:33:01,420 --> 01:33:06,140 Okay, will not speak. 1963 01:33:06,140 --> 01:33:11,140 And I've got Gene Robertson, 2308 Mercedes Road, 1964 01:33:11,420 --> 01:33:13,720 in support, does not wish to speak. 1965 01:33:14,819 --> 01:33:19,819 I have Roland Lucas, 206 South Wood Street, 1966 01:33:22,079 --> 01:33:24,899 in support, not wishing to speak. 1967 01:33:27,180 --> 01:33:30,880 Does wish to speak, does wish to speak. 1968 01:33:31,420 --> 01:33:36,420 Then I have Curtis Himes, 1213 Haggard, 1969 01:33:39,619 --> 01:33:42,079 in support, does not wish to speak. 1970 01:33:45,579 --> 01:33:50,479 I have Doris Parks, 3500 East McKinney Street, 1971 01:33:51,739 --> 01:33:54,100 in support, does not wish to speak. 1972 01:33:59,180 --> 01:34:04,180 And I have Reginald Logan, 705 Park Lane. 1973 01:34:04,539 --> 01:34:08,220 He is in support as well, and it says, 1974 01:34:08,220 --> 01:34:09,899 "Do not wish to speak," on the card, 1975 01:34:09,899 --> 01:34:11,739 but it does have a note, "Speak, please." 1976 01:34:11,739 --> 01:34:14,699 So if you do want to speak, I'll put you, okay, 1977 01:34:14,699 --> 01:34:18,180 let me put you to the back here with these. 1978 01:34:19,779 --> 01:34:24,779 And I have Ivy Four, 5409 Galant Lane, 1979 01:34:25,939 --> 01:34:28,899 does not wish to speak, in support, correct? 1980 01:34:29,859 --> 01:34:30,699 Okay. 1981 01:34:34,579 --> 01:34:35,920 Do wish to speak. 1982 01:34:39,060 --> 01:34:40,779 And I think I already called on Ms. Cochran, 1983 01:34:40,779 --> 01:34:43,539 who said she did want to speak. 1984 01:34:45,020 --> 01:34:46,420 Do you want to speak, okay? 1985 01:34:47,539 --> 01:34:49,300 Let me call on you first. 1986 01:34:49,300 --> 01:34:52,399 Ms. Cynthia Cochran, 2420 McKinney. 1987 01:34:55,140 --> 01:34:56,939 Please, for the record, if you'll give us your name 1988 01:34:56,939 --> 01:34:59,039 and address when you get to the microphone. 1989 01:34:59,979 --> 01:35:02,260 (speaking faintly) 1990 01:35:02,260 --> 01:35:07,260 And I was born and raised in Denton, Texas. 1991 01:35:07,340 --> 01:35:12,020 I just want to say, on behalf of Southeast Denton, 1992 01:35:12,020 --> 01:35:16,380 we have really appreciated what Mr. Maxfield, 1993 01:35:16,380 --> 01:35:19,739 Mr. Clifton has done as for us having 1994 01:35:19,739 --> 01:35:22,340 a greater, better funeral home, 1995 01:35:22,340 --> 01:35:26,359 and we have never had anything that looks so beautiful 1996 01:35:26,359 --> 01:35:29,859 and gorgeous in our Southeast Denton town. 1997 01:35:29,859 --> 01:35:34,739 And it also lifts up, it's no bother to none of us, 1998 01:35:34,739 --> 01:35:37,220 we don't get to smell nothing coming out. 1999 01:35:37,220 --> 01:35:39,939 It's so beautiful, neatly and everything. 2000 01:35:39,939 --> 01:35:43,939 So I just want to say, on behalf of Southeast Denton, 2001 01:35:43,939 --> 01:35:48,939 we are so excited if we can have the people home expansion 2002 01:35:49,460 --> 01:35:52,659 to give us a lot of space, you know, 2003 01:35:52,659 --> 01:35:54,380 parking spaces and everything, 2004 01:35:54,380 --> 01:35:56,699 because we find a way to park, 2005 01:35:56,699 --> 01:35:58,739 but we parking like in people's yard. 2006 01:35:58,739 --> 01:36:02,380 So with this expansion and with the beautiful work 2007 01:36:02,380 --> 01:36:06,260 that he has done and has brought to our city, 2008 01:36:06,260 --> 01:36:09,140 and it's just gorgeous, and we are so proud 2009 01:36:09,140 --> 01:36:12,020 that we can have something nice and beautiful 2010 01:36:12,020 --> 01:36:17,020 in our town or either in Southeast Denton. 2011 01:36:17,260 --> 01:36:18,699 And I also would like to say, 2012 01:36:18,699 --> 01:36:20,380 we really want to thank Mr. Clifton 2013 01:36:20,380 --> 01:36:22,539 for what all he has done for us. 2014 01:36:22,539 --> 01:36:25,300 And I just hope that we get this done 2015 01:36:25,300 --> 01:36:27,819 and y'all can approve it for us 2016 01:36:27,819 --> 01:36:31,140 because we want to look pretty like everyone else. 2017 01:36:31,140 --> 01:36:33,539 And we are really looking pretty. 2018 01:36:33,539 --> 01:36:36,500 We really looking pretty in Southeast Denton. 2019 01:36:36,500 --> 01:36:39,380 So I want to thank each and every one of you all. 2020 01:36:39,380 --> 01:36:43,199 And we hope we can get what we came for tonight. 2021 01:36:43,199 --> 01:36:44,979 God bless each and every one of y'all 2022 01:36:44,979 --> 01:36:47,579 and thank our people for being here. 2023 01:36:47,579 --> 01:36:48,420 Thank you. 2024 01:36:48,420 --> 01:36:50,380 - Thank you for coming out to speak tonight. 2025 01:36:53,300 --> 01:36:57,159 Kim McKibbin, 1306 West Hickory, 2026 01:36:57,159 --> 01:36:59,699 does wish to speak and in opposition. 2027 01:37:02,640 --> 01:37:05,899 - My name is Kim McKibbin, 1306 West Hickory Street. 2028 01:37:05,899 --> 01:37:07,539 Hi guys. 2029 01:37:07,539 --> 01:37:09,699 I've been going for a while and I had to say 2030 01:37:09,699 --> 01:37:12,260 that I'm pretty excited to see this many people 2031 01:37:12,260 --> 01:37:13,819 in this chamber tonight. 2032 01:37:13,819 --> 01:37:15,619 I think that's amazing. 2033 01:37:17,699 --> 01:37:19,739 I was in opposition of this, 2034 01:37:19,739 --> 01:37:24,739 but I think that staff has given a solution to my concerns. 2035 01:37:24,739 --> 01:37:29,340 I was concerned about the zoning that was being requested 2036 01:37:29,340 --> 01:37:32,239 because it would allow high density apartment buildings 2037 01:37:32,239 --> 01:37:34,020 at a hundred feet. 2038 01:37:34,020 --> 01:37:36,220 I went out and looked at the area out there. 2039 01:37:36,220 --> 01:37:38,779 It is a nice looking funeral home. 2040 01:37:38,779 --> 01:37:43,699 But if the staff's recommendations for some sort of overlay 2041 01:37:43,699 --> 01:37:46,699 or special use permit or whatever it is 2042 01:37:46,699 --> 01:37:48,079 that needs to be there, 2043 01:37:48,079 --> 01:37:49,939 I think that's an excellent solution. 2044 01:37:49,939 --> 01:37:54,380 It's a very established funeral home in an area 2045 01:37:54,380 --> 01:37:57,899 that is obviously very proud of that. 2046 01:37:57,899 --> 01:38:01,399 I am concerned about this neighborhood. 2047 01:38:01,399 --> 01:38:04,539 It is a neighborhood at risk as the future land use 2048 01:38:04,539 --> 01:38:08,539 for the downtown city development moves that direction. 2049 01:38:08,539 --> 01:38:12,420 I think that this council is going to get 2050 01:38:12,420 --> 01:38:16,619 more and more request for zoning creep, 2051 01:38:16,619 --> 01:38:17,939 as I would call it. 2052 01:38:19,939 --> 01:38:23,140 The downtown zoning will take over quite a few houses 2053 01:38:23,140 --> 01:38:25,979 in that area and change that neighborhood 2054 01:38:25,979 --> 01:38:30,020 if we are not very careful about what we're doing 2055 01:38:30,020 --> 01:38:31,979 and how we're impacting people 2056 01:38:33,060 --> 01:38:35,859 and give those folks a voice 2057 01:38:35,859 --> 01:38:37,779 to stand up for their neighborhood. 2058 01:38:37,779 --> 01:38:41,020 So once again, I started out in opposition 2059 01:38:41,020 --> 01:38:42,939 because I was opposed to the zoning 2060 01:38:42,939 --> 01:38:47,380 and what it would allow if the property was ever sold again 2061 01:38:47,380 --> 01:38:47,380 . 2062 01:38:47,380 --> 01:38:50,640 But if the city is, if you guys are willing 2063 01:38:50,640 --> 01:38:53,779 to put that special overlay on it, 2064 01:38:53,779 --> 01:38:56,979 I withdraw my opposition and I would be in favor of that. 2065 01:38:56,979 --> 01:38:59,659 The one thing that does concern me just a tiny bit 2066 01:38:59,659 --> 01:39:04,659 is the exiting driveway is going to go right out 2067 01:39:05,260 --> 01:39:07,260 in front of the new splash pad, 2068 01:39:08,060 --> 01:39:10,420 the splash pad park that's there. 2069 01:39:10,420 --> 01:39:14,739 And you might want to look at making that the entrance 2070 01:39:14,739 --> 01:39:17,779 and the exit, the entrance on Sycamore 2071 01:39:17,779 --> 01:39:21,380 and the exit on Mulberry 2072 01:39:21,380 --> 01:39:24,279 so that the cars are not literally coming out 2073 01:39:24,279 --> 01:39:27,579 in a great big line where children might be playing 2074 01:39:27,579 --> 01:39:29,500 in the splash park. 2075 01:39:29,500 --> 01:39:33,579 So that's the only real safety concern I saw about that 2076 01:39:33,579 --> 01:39:35,859 and that would be easy enough to remedy 2077 01:39:35,859 --> 01:39:38,560 if someone would go out and look at how that traffic 2078 01:39:38,560 --> 01:39:41,300 is going to be moving in and out through there. 2079 01:39:42,220 --> 01:39:43,140 Thank you. 2080 01:39:43,140 --> 01:39:43,979 - Thank you. 2081 01:39:43,979 --> 01:39:45,699 So I'll change your card from opposition then 2082 01:39:45,699 --> 01:39:47,659 to in support, is that what you like? 2083 01:39:47,659 --> 01:39:49,539 - With the reservation that you follow 2084 01:39:49,539 --> 01:39:51,220 the staff's recommendation. 2085 01:39:51,220 --> 01:39:53,060 - Gotcha, we've got that. 2086 01:39:53,060 --> 01:39:56,420 Okay, in support with conditions, how about that? 2087 01:39:56,420 --> 01:39:57,819 - That works, thank you. 2088 01:39:57,819 --> 01:39:58,659 - You're welcome. 2089 01:39:59,859 --> 01:40:02,090 Commissioner Beck, did you have a question for Mrs. McKib 2090 01:40:02,090 --> 01:40:02,460 bin? 2091 01:40:02,460 --> 01:40:04,539 - Not a question so much, it's just a statement. 2092 01:40:04,539 --> 01:40:07,100 Thank her for her presentation. 2093 01:40:07,100 --> 01:40:08,659 I always enjoy listening to Kim. 2094 01:40:08,659 --> 01:40:12,100 She's so articulate and informed 2095 01:40:12,100 --> 01:40:15,260 and I agree that support for this neighborhood 2096 01:40:15,260 --> 01:40:17,819 is important and going forward, 2097 01:40:17,819 --> 01:40:21,100 I'm hoping there's something we can do legally 2098 01:40:21,100 --> 01:40:24,500 and binding that ensures that this neighborhood 2099 01:40:24,500 --> 01:40:27,779 doesn't get overrun by commercial interests. 2100 01:40:27,779 --> 01:40:29,680 So thanks again, Kim. 2101 01:40:29,680 --> 01:40:30,520 - Okay. 2102 01:40:33,100 --> 01:40:37,899 - Next card I have is Shelly Johnson, 1109 East Hickory. 2103 01:40:41,500 --> 01:40:43,659 In support, you do wish to speak or do not? 2104 01:40:45,939 --> 01:40:48,060 Okay, we'll record as in support 2105 01:40:48,060 --> 01:40:51,180 and do not wish to speak. 2106 01:40:51,180 --> 01:40:52,020 Thank you, ma'am. 2107 01:40:56,500 --> 01:41:01,500 Ruby Sachs, 110 or 1109 East Hickory. 2108 01:41:01,640 --> 01:41:04,140 In support, wishing to speak? 2109 01:41:04,140 --> 01:41:06,420 Nope, no speak, but in support? 2110 01:41:06,420 --> 01:41:07,520 Okay, thank you, ma'am. 2111 01:41:14,659 --> 01:41:18,020 Okay, next card I have is Marcella Franklin, 2112 01:41:18,939 --> 01:41:20,859 317 Mill Street. 2113 01:41:20,859 --> 01:41:22,659 In support, wishing to speak? 2114 01:41:24,659 --> 01:41:25,500 No speak? 2115 01:41:25,500 --> 01:41:27,380 Okay, in support, we'll record that. 2116 01:41:31,060 --> 01:41:35,460 Okay, next card I have is Vanessa Reed, 2117 01:41:35,460 --> 01:41:38,100 617 Boardwalk. 2118 01:41:38,100 --> 01:41:39,819 In support, wishing to speak? 2119 01:41:41,460 --> 01:41:42,300 Okay. 2120 01:41:44,619 --> 01:41:47,220 You guys are gonna make it easy on us tonight up here. 2121 01:41:48,180 --> 01:41:53,180 All right, Patrice Tobias, 618 East Prairie. 2122 01:41:53,699 --> 01:41:56,060 Support, wishing to speak? 2123 01:41:56,819 --> 01:41:57,739 No, okay. 2124 01:42:01,899 --> 01:42:06,859 And last card I have is Reginald Logan, 2125 01:42:06,859 --> 01:42:09,300 705 Park Lane. 2126 01:42:09,300 --> 01:42:10,319 In support? 2127 01:42:12,619 --> 01:42:17,020 And he says, do not wish to speak 2128 01:42:17,020 --> 01:42:19,699 and we're gonna change that to do want to speak. 2129 01:42:19,699 --> 01:42:20,619 How about that? 2130 01:42:20,619 --> 01:42:22,020 - Speaking briefly, yes sir. 2131 01:42:22,020 --> 01:42:23,020 My name is Reginald Logan, 2132 01:42:23,020 --> 01:42:26,460 live on 705 Park Lane here in the city of Denton. 2133 01:42:26,460 --> 01:42:27,779 Thank you for hearing us tonight 2134 01:42:27,779 --> 01:42:30,100 and coming in support of this expansion 2135 01:42:30,100 --> 01:42:31,579 of People's Funeral Home. 2136 01:42:31,579 --> 01:42:33,140 You know, it's great when you have an opportunity 2137 01:42:33,140 --> 01:42:35,220 to come for a commercial establishment 2138 01:42:35,220 --> 01:42:36,300 that's placed in your neighborhood 2139 01:42:36,300 --> 01:42:38,699 and I understand the concerns that the lady had, 2140 01:42:38,699 --> 01:42:41,619 but at least this time we can control the creeping. 2141 01:42:41,619 --> 01:42:42,659 We got something to say about 2142 01:42:42,659 --> 01:42:44,300 what's gonna creep in our neighborhood. 2143 01:42:44,300 --> 01:42:47,100 Something that's gonna enhance our neighborhood. 2144 01:42:47,100 --> 01:42:49,939 Something that's gonna build support for our neighborhood. 2145 01:42:49,939 --> 01:42:51,859 Something that we're gonna support a man 2146 01:42:51,859 --> 01:42:53,859 that's come into our city 2147 01:42:53,859 --> 01:42:56,960 and supporting the people that live in the city. 2148 01:42:56,960 --> 01:42:59,659 They didn't, Mr. Maxwell has really been someone 2149 01:42:59,659 --> 01:43:01,380 that has really come and said, 2150 01:43:01,380 --> 01:43:03,180 "Hey, I wanna be part of you guys 2151 01:43:03,180 --> 01:43:05,579 "and be part of the city and come and be of support 2152 01:43:05,579 --> 01:43:07,380 "and do all I can to help." 2153 01:43:07,380 --> 01:43:08,779 And that's what he's done. 2154 01:43:08,779 --> 01:43:10,460 So I hope tonight that you'll come 2155 01:43:10,460 --> 01:43:12,380 and give us support of this planning zone. 2156 01:43:12,380 --> 01:43:13,859 Your planning is good. 2157 01:43:13,859 --> 01:43:15,579 Now you can plan for something 2158 01:43:15,579 --> 01:43:17,140 for a commercial establishment 2159 01:43:17,140 --> 01:43:19,859 that is actually part of the neighborhood. 2160 01:43:19,859 --> 01:43:22,819 Like a church, like a hospital. 2161 01:43:22,819 --> 01:43:25,859 This place somewhere and it's really gonna be a help. 2162 01:43:25,859 --> 01:43:28,779 And the big word that I know the planning zoning looks for 2163 01:43:28,779 --> 01:43:31,659 an asset, an asset to the community. 2164 01:43:31,659 --> 01:43:34,340 Not only for Southeast Denton, guess what? 2165 01:43:34,340 --> 01:43:36,979 He just doesn't bury people in Southeast Denton. 2166 01:43:36,979 --> 01:43:39,140 He's burying people all over the place. 2167 01:43:39,140 --> 01:43:42,180 And you may even be his next customer. 2168 01:43:42,180 --> 01:43:43,380 (audience laughing) 2169 01:43:43,380 --> 01:43:46,220 And wouldn't you want, and I'm gonna close with this, 2170 01:43:46,220 --> 01:43:49,979 and wouldn't you not want for your people to come 2171 01:43:49,979 --> 01:43:51,939 and have a place to park? 2172 01:43:51,939 --> 01:43:53,699 And I hope after I speak tonight 2173 01:43:53,699 --> 01:43:56,859 that he'll have a designated parking for preachers. 2174 01:43:56,859 --> 01:43:59,859 (audience laughing) 2175 01:44:04,539 --> 01:44:07,060 No, no question sir, you did a good job. 2176 01:44:10,180 --> 01:44:12,060 Okay, those are all the cards I have, 2177 01:44:12,060 --> 01:44:13,220 but this is a public hearing. 2178 01:44:13,220 --> 01:44:15,659 So anyone else that would like to come speak 2179 01:44:15,659 --> 01:44:17,060 for or against this project, 2180 01:44:17,060 --> 01:44:18,739 please come forward at this time. 2181 01:44:20,819 --> 01:44:21,779 Anyone else? 2182 01:44:23,020 --> 01:44:24,340 It's a public hearing, it's wide open. 2183 01:44:24,340 --> 01:44:26,380 Anybody else that would like to come speak? 2184 01:44:27,819 --> 01:44:31,180 Okay, seeing none, I will close the public hearing 2185 01:44:31,180 --> 01:44:34,420 and I will open the floor for discussion or motion. 2186 01:44:34,420 --> 01:44:35,819 Commissioner Beck. 2187 01:44:35,819 --> 01:44:36,659 - Thank you, Chair. 2188 01:44:36,659 --> 01:44:38,979 And thank each and every one of y'all for coming down. 2189 01:44:38,979 --> 01:44:40,899 And like Chairman Trane said, 2190 01:44:40,899 --> 01:44:42,380 you really made it easy for us. 2191 01:44:42,380 --> 01:44:44,180 And I just will go quickly if no one's speaking, 2192 01:44:44,180 --> 01:44:48,180 but I would have loved to hear what some of you had to say, 2193 01:44:48,180 --> 01:44:49,819 but that being said, 2194 01:44:52,779 --> 01:44:55,659 I wanna thank Haley Zagurski 2195 01:44:55,659 --> 01:44:57,420 that put this presentation together 2196 01:44:57,420 --> 01:45:02,420 because I thought she did a good job of discreetly, 2197 01:45:02,420 --> 01:45:04,979 is probably the word, explaining how the city blundered. 2198 01:45:04,979 --> 01:45:06,260 But let's be honest here, 2199 01:45:07,340 --> 01:45:11,739 the predominantly white city fathers let y'all down 2200 01:45:11,739 --> 01:45:14,619 years ago and that's a disappointment to all of us. 2201 01:45:16,739 --> 01:45:21,739 I thought I was glad also to see that she presented a case 2202 01:45:21,899 --> 01:45:23,500 where we could allow this zone change 2203 01:45:23,500 --> 01:45:25,060 without any difficulty. 2204 01:45:25,060 --> 01:45:27,300 She opened the door there and I was glad to see that 2205 01:45:27,300 --> 01:45:31,140 because people's funeral home historically 2206 01:45:31,140 --> 01:45:34,060 is always needed to provide mortuary services 2207 01:45:35,380 --> 01:45:37,140 for people of color during a time 2208 01:45:37,140 --> 01:45:40,020 when the predominantly white culture didn't in the 1930s 2209 01:45:40,020 --> 01:45:42,819 and later most likely would have forbade 2210 01:45:42,819 --> 01:45:45,619 such interracial accommodations. 2211 01:45:47,340 --> 01:45:49,899 I suspect that as a matter of convenience, 2212 01:45:49,899 --> 01:45:53,300 the predominant white culture of the 1960s and 70s, 2213 01:45:53,300 --> 01:45:56,979 which I was a part of and for me was, 2214 01:45:56,979 --> 01:45:59,699 allowed the continuous of this mortuary 2215 01:45:59,699 --> 01:46:02,579 a non-residential usage because Denton, 2216 01:46:02,579 --> 01:46:05,140 like other Texas communities, 2217 01:46:05,140 --> 01:46:08,180 was still not ready to sanction interracial contact 2218 01:46:08,180 --> 01:46:10,619 even at this level at the end of life. 2219 01:46:10,619 --> 01:46:15,619 So I plan on supporting this zone change request 2220 01:46:16,420 --> 01:46:18,579 with the two stated restrictions 2221 01:46:18,579 --> 01:46:21,460 for the simple reason that people's funeral home has 2222 01:46:21,460 --> 01:46:23,500 and will continue to be a part of 2223 01:46:23,500 --> 01:46:27,260 Solomon Hills Three Edition, Southeast Denton. 2224 01:46:27,260 --> 01:46:29,180 Part of a city that now has, 2225 01:46:29,180 --> 01:46:33,220 despite its unfortunate origins as it was forced to move 2226 01:46:33,220 --> 01:46:37,899 out of what was known as Quaker Town Park, 2227 01:46:38,779 --> 01:46:43,380 is now one that has a rich ethnic culture in it. 2228 01:46:43,380 --> 01:46:47,300 So as I mentioned earlier, I hope to, 2229 01:46:47,300 --> 01:46:50,220 I'm gonna go ahead and make a motion to approve this 2230 01:46:50,220 --> 01:46:54,579 and would like to speak to some kind of means that 2231 01:46:55,420 --> 01:46:58,300 Legal and I discussed how we can ensure 2232 01:46:58,300 --> 01:47:02,180 that this neighborhood doesn't become encroached upon 2233 01:47:02,180 --> 01:47:03,539 any further than they have. 2234 01:47:04,699 --> 01:47:08,380 So do I make the, I can make the motion now 2235 01:47:08,380 --> 01:47:11,140 to approve this and we do that and then address that. 2236 01:47:11,140 --> 01:47:14,180 I think what Jerry suggested was that 2237 01:47:17,260 --> 01:47:18,739 there were things we couldn't do, 2238 01:47:18,739 --> 01:47:23,739 but that, let me find it here. 2239 01:47:25,699 --> 01:47:28,020 The best option would be to recommend that staff 2240 01:47:28,020 --> 01:47:31,500 or the city council to investigate a comp plan amendment 2241 01:47:31,500 --> 01:47:34,939 or small area plan amendment to accomplish the concern 2242 01:47:34,939 --> 01:47:39,420 to protect this neighborhood from any further commercial, 2243 01:47:39,420 --> 01:47:41,100 non-residential encroachment. 2244 01:47:42,899 --> 01:47:47,899 So I'm making the motion that we approve this 2245 01:47:48,579 --> 01:47:53,460 that we also as advised by legal proceed 2246 01:47:53,460 --> 01:47:55,979 with making some kind of comp plan. 2247 01:47:57,300 --> 01:47:58,260 - Well, I think just to clarify, 2248 01:47:58,260 --> 01:47:59,619 we'll have a motion on the item 2249 01:47:59,619 --> 01:48:01,899 and then once we get a motion before us, 2250 01:48:01,899 --> 01:48:03,979 I think it'd be appropriate if you'd like to address that 2251 01:48:03,979 --> 01:48:07,020 as just in the discussion, your concern 2252 01:48:07,020 --> 01:48:11,699 or asking city council to take that into consideration 2253 01:48:11,699 --> 01:48:13,100 at whatever point in the future 2254 01:48:13,100 --> 01:48:16,739 and just further clarification, your motion to approve, 2255 01:48:16,739 --> 01:48:18,819 does it have the two conditions on it? 2256 01:48:18,819 --> 01:48:19,659 - It does. 2257 01:48:19,659 --> 01:48:23,260 - So it has a condition as far as the overlay on the height 2258 01:48:23,260 --> 01:48:23,380 . 2259 01:48:24,460 --> 01:48:27,420 - And that it be limited to be in the mortuary. 2260 01:48:27,420 --> 01:48:29,060 - As in our backup, okay. 2261 01:48:29,060 --> 01:48:31,260 - Yeah, and just wanna make a matter of record 2262 01:48:31,260 --> 01:48:34,140 that we do proceed going forward 2263 01:48:34,140 --> 01:48:35,659 to try and protect this neighborhood. 2264 01:48:35,659 --> 01:48:36,579 - Okay. - Okay. 2265 01:48:36,579 --> 01:48:38,220 - Thank you for your motion. 2266 01:48:38,220 --> 01:48:39,380 Commissioner Sanchez. 2267 01:48:41,180 --> 01:48:42,020 - Good evening. 2268 01:48:42,020 --> 01:48:44,140 I just like to say I live in East Denton 2269 01:48:44,140 --> 01:48:45,779 and it's a very unique community, 2270 01:48:45,779 --> 01:48:48,260 unlike other parts of Denton. 2271 01:48:48,260 --> 01:48:51,100 To me, it's like a small community. 2272 01:48:51,100 --> 01:48:55,520 We have our own barbershop, we have our parks, 2273 01:48:55,520 --> 01:48:58,720 we have a Martin Luther King Recreation Center, 2274 01:48:58,720 --> 01:49:00,819 all within walking distance 2275 01:49:00,819 --> 01:49:02,979 and we even have a funeral home. 2276 01:49:02,979 --> 01:49:05,979 So I'm gonna vote to approve it 2277 01:49:05,979 --> 01:49:10,340 because I do believe it is part of that community 2278 01:49:10,340 --> 01:49:15,340 and I think anything different would be in opposition 2279 01:49:15,380 --> 01:49:16,979 to make it a better community. 2280 01:49:17,819 --> 01:49:19,850 - Commissioner Sanchez, would you like to second the motion 2281 01:49:19,850 --> 01:49:20,020 ? 2282 01:49:20,020 --> 01:49:21,579 - Yes. - Okay. 2283 01:49:21,579 --> 01:49:24,140 We have a first and a second for approval 2284 01:49:24,140 --> 01:49:27,899 with the two conditions that are listed in our backup. 2285 01:49:27,899 --> 01:49:29,500 Commissioner Ellis. 2286 01:49:29,500 --> 01:49:30,420 - Thank you, Chair. 2287 01:49:30,420 --> 01:49:32,260 I just wanted to say a couple of words. 2288 01:49:32,260 --> 01:49:33,979 Thank you everybody for coming out 2289 01:49:33,979 --> 01:49:36,460 to speak your support of this. 2290 01:49:36,460 --> 01:49:38,779 It is with great pleasure that I will support this 2291 01:49:38,779 --> 01:49:41,180 and help this part of your community. 2292 01:49:41,180 --> 01:49:42,000 I think it's wonderful. 2293 01:49:42,000 --> 01:49:44,220 On paper, it didn't make sense. 2294 01:49:44,220 --> 01:49:46,460 Haley, as far as the zoning, 2295 01:49:46,460 --> 01:49:48,520 Haley did a beautiful job putting it all together, 2296 01:49:48,520 --> 01:49:49,819 describing the history. 2297 01:49:49,819 --> 01:49:52,340 I drove the neighborhood a couple of different times 2298 01:49:52,340 --> 01:49:54,859 and then your wonderful words of support. 2299 01:49:55,899 --> 01:49:58,100 It's just great that you all came out. 2300 01:49:58,100 --> 01:49:58,939 - Okay. 2301 01:49:59,819 --> 01:50:01,680 A couple of comments myself. 2302 01:50:03,140 --> 01:50:05,140 Kinda key on what I think Commissioner Beck's 2303 01:50:05,140 --> 01:50:06,340 gonna bring up here in just a minute 2304 01:50:06,340 --> 01:50:08,840 as far as the neighbors in general. 2305 01:50:10,420 --> 01:50:12,380 The best voice that you all have, 2306 01:50:12,380 --> 01:50:14,579 not only on this case, but any other cases 2307 01:50:14,579 --> 01:50:16,699 that may come in the future 2308 01:50:16,699 --> 01:50:18,460 where there may be zoning changes 2309 01:50:18,460 --> 01:50:21,479 proposed for your neighborhood is to show up. 2310 01:50:22,380 --> 01:50:25,739 So when you show up and use your voice to support 2311 01:50:25,739 --> 01:50:28,699 or against is the best thing that you can do 2312 01:50:28,699 --> 01:50:30,800 when you come before any commission or board 2313 01:50:30,800 --> 01:50:32,460 or council in our city. 2314 01:50:32,460 --> 01:50:36,100 And as citizens of our city, I encourage you to do so. 2315 01:50:36,100 --> 01:50:39,079 And I appreciate everybody coming out tonight. 2316 01:50:39,079 --> 01:50:43,739 And I do wanna let you know I'm supporting this as well, 2317 01:50:43,739 --> 01:50:47,340 but this is just one step in a two step process. 2318 01:50:47,340 --> 01:50:49,579 So this will come before planning and zoning tonight, 2319 01:50:49,579 --> 01:50:51,619 which we will get you ready to vote on it now. 2320 01:50:51,619 --> 01:50:55,180 And then it will come before city council 2321 01:50:55,180 --> 01:50:58,260 on August the seventh at 630. 2322 01:50:58,260 --> 01:51:01,960 And city council will take up the final determination 2323 01:51:01,960 --> 01:51:03,720 from our recommendation as to whether 2324 01:51:03,720 --> 01:51:05,699 to do the rezoning or not. 2325 01:51:05,699 --> 01:51:08,180 So I encourage you all just like you have this evening 2326 01:51:08,180 --> 01:51:11,619 to show up to show up on August the seventh at 630 2327 01:51:11,619 --> 01:51:16,619 and city council and speak for or against at city council. 2328 01:51:18,000 --> 01:51:20,220 And they will be the ones that will take the final vote 2329 01:51:20,220 --> 01:51:23,979 and the decision on changing the zoning on this item. 2330 01:51:23,979 --> 01:51:27,939 So again, thank you all for coming out this evening. 2331 01:51:27,939 --> 01:51:31,479 And with that, I will recognize Commissioner Beck. 2332 01:51:31,479 --> 01:51:34,220 I think he had a statement he wanted to make in discussion 2333 01:51:34,220 --> 01:51:37,619 about asking city council to consider 2334 01:51:37,619 --> 01:51:39,659 a small area plan or something to that effect. 2335 01:51:39,659 --> 01:51:42,819 - Exactly, what steps do we need to take 2336 01:51:42,819 --> 01:51:44,220 in that regard, Chair? 2337 01:51:44,220 --> 01:51:46,819 - Call on legal to clarify that. 2338 01:51:49,659 --> 01:51:54,659 - See, Scott is motioning over to Richard here 2339 01:51:55,579 --> 01:51:58,899 to address this, I'll defer to him in a moment. 2340 01:51:58,899 --> 01:52:00,539 - I was actually gonna mention as part of that, 2341 01:52:00,539 --> 01:52:02,100 as part of adding it to the matrix, 2342 01:52:02,100 --> 01:52:04,060 what I'd like to do is bring that item back 2343 01:52:04,060 --> 01:52:07,399 as a work session and just discuss the various two options 2344 01:52:07,399 --> 01:52:09,300 and how to move forward. 2345 01:52:09,300 --> 01:52:10,220 If that's-- 2346 01:52:10,220 --> 01:52:12,979 - Something that we could submit to city council. 2347 01:52:12,979 --> 01:52:15,140 Okay, good enough, thanks. 2348 01:52:16,100 --> 01:52:18,579 - Okay, with that-- 2349 01:52:18,579 --> 01:52:19,500 - One other thing. 2350 01:52:20,460 --> 01:52:21,300 - Commissioner Beck. 2351 01:52:21,300 --> 01:52:23,420 - We wanna make this public too, 2352 01:52:23,420 --> 01:52:25,779 so if anybody does wanna come to that work session 2353 01:52:25,779 --> 01:52:28,659 to hear how we're gonna proceed, please stay tuned 2354 01:52:28,659 --> 01:52:32,420 and be alert to that and Kim and Kim 2355 01:52:32,420 --> 01:52:35,180 would be a good source, she'll probably let everybody know. 2356 01:52:35,180 --> 01:52:39,500 But we'd like to have your input on that work session too. 2357 01:52:42,180 --> 01:52:46,159 - Okay, we have a motion on the floor to approve 2358 01:52:46,159 --> 01:52:48,670 with the two conditions and see no one else wishing to 2359 01:52:48,670 --> 01:52:49,500 speak 2360 01:52:49,500 --> 01:52:51,939 and so at this time I'll call for a vote on board. 2361 01:53:01,020 --> 01:53:03,300 Motion's gonna carry four to zero. 2362 01:53:03,300 --> 01:53:05,659 Congratulations and good luck on your project. 2363 01:53:05,659 --> 01:53:08,819 (audience applauding) 2364 01:53:16,460 --> 01:53:20,619 We're going to move on to item B. 2365 01:53:20,619 --> 01:53:22,880 At this time I'm gonna open the public hearing 2366 01:53:22,880 --> 01:53:27,880 for PDA 18-0004 and I will call on Haley for presentation. 2367 01:53:33,300 --> 01:53:36,300 , okay. (mumbles) 2368 01:54:03,300 --> 01:54:06,460 (audience chattering) 2369 01:54:20,260 --> 01:54:22,500 - I'm gonna give a couple minutes here, 2370 01:54:22,500 --> 01:54:25,220 I think we've got a few more folks wanting to get out 2371 01:54:25,220 --> 01:54:27,300 and clear the room and then we'll go ahead 2372 01:54:27,300 --> 01:54:29,500 and start on the next item, good suggestion. 2373 01:54:33,300 --> 01:54:36,460 (audience chattering) 2374 01:55:03,300 --> 01:55:05,460 (mumbles) 2375 01:55:05,460 --> 01:55:06,300 - Thank you. 2376 01:55:22,020 --> 01:55:24,060 - I think most everybody's cleared the room, 2377 01:55:24,060 --> 01:55:25,420 so go ahead Haley, thank you. 2378 01:55:25,420 --> 01:55:29,579 - All right, all right, so this is item PDA 18-4 2379 01:55:29,579 --> 01:55:31,220 for the cleaning green car wash. 2380 01:55:32,979 --> 01:55:35,180 The request before you is to hold a public hearing 2381 01:55:35,180 --> 01:55:37,260 and consider making a recommendation to council 2382 01:55:37,260 --> 01:55:40,140 regarding a detailed plan for a property 2383 01:55:40,140 --> 01:55:42,659 that's located within plan development 176, 2384 01:55:42,659 --> 01:55:44,220 which is known as Wheeler Ridge. 2385 01:55:45,220 --> 01:55:48,380 And the plan is to depict an auto laundry facility 2386 01:55:48,380 --> 01:55:52,939 or a car wash on a site that's about 2.13 acres 2387 01:55:52,939 --> 01:55:55,979 located on the west side of FM 2499, 2388 01:55:55,979 --> 01:55:58,640 about 750 feet north of Hickory Creek Road. 2389 01:56:00,619 --> 01:56:02,180 The future land use for this property 2390 01:56:02,180 --> 01:56:05,420 is low residential as we saw in the previous case. 2391 01:56:05,420 --> 01:56:08,619 So the proposal for a car washer commercial development 2392 01:56:08,619 --> 01:56:09,899 doesn't necessarily conform 2393 01:56:09,899 --> 01:56:11,859 to the future land use designation, 2394 01:56:11,859 --> 01:56:14,979 but it's important to note that this subject property 2395 01:56:14,979 --> 01:56:17,460 has been designated for commercial development 2396 01:56:17,460 --> 01:56:20,699 since the PD was adopted in 1999. 2397 01:56:20,699 --> 01:56:24,819 At that time they knew FM 2499 was intended to come through 2398 01:56:24,819 --> 01:56:24,819 , 2399 01:56:24,819 --> 01:56:27,300 but until that road actually was put in place, 2400 01:56:27,300 --> 01:56:29,100 the property probably wasn't ripe 2401 01:56:29,100 --> 01:56:30,460 for commercial development. 2402 01:56:31,939 --> 01:56:35,380 So as I mentioned, this property is part of PD 176. 2403 01:56:36,619 --> 01:56:39,020 Plan developments within the city of Denton, 2404 01:56:39,020 --> 01:56:41,739 we don't currently have them in our current code, 2405 01:56:41,739 --> 01:56:43,380 but in the 91 code they were permitted 2406 01:56:43,380 --> 01:56:47,500 and it outlined a process that required a concept plan 2407 01:56:47,500 --> 01:56:49,079 and a detailed plan be approved 2408 01:56:49,079 --> 01:56:51,260 before a site could be developed. 2409 01:56:51,260 --> 01:56:52,819 The concept plan for this property 2410 01:56:52,819 --> 01:56:55,380 was approved in October of 1999. 2411 01:56:56,260 --> 01:56:59,380 The PD allowed for on this property, 2412 01:56:59,380 --> 01:57:00,520 any use that was permitted 2413 01:57:00,520 --> 01:57:04,659 within the commercial zoning district in the 1991 code. 2414 01:57:04,659 --> 01:57:06,539 So an auto laundry or a car wash 2415 01:57:06,539 --> 01:57:08,380 was one of those permitted uses. 2416 01:57:10,380 --> 01:57:13,260 Looking in detail at the plan they've proposed, 2417 01:57:13,260 --> 01:57:16,140 you can see outlined in yellow the building footprint. 2418 01:57:16,140 --> 01:57:18,819 It's just over 4,400 square feet. 2419 01:57:18,819 --> 01:57:20,340 There is one driveway proposed 2420 01:57:20,340 --> 01:57:21,859 on the north side of the property 2421 01:57:21,859 --> 01:57:23,279 that could serve as a shared drive 2422 01:57:23,279 --> 01:57:25,619 for when the northern portion develops. 2423 01:57:25,619 --> 01:57:28,579 And then you will see six parking spaces 2424 01:57:28,579 --> 01:57:30,819 for customers and employees outlined in red. 2425 01:57:30,819 --> 01:57:33,659 And then there's a total of 25 vacuum stalls 2426 01:57:33,659 --> 01:57:34,500 shown on the plan. 2427 01:57:34,500 --> 01:57:36,979 Five of those may not be immediately developed, 2428 01:57:36,979 --> 01:57:39,079 but are planned for future expansion. 2429 01:57:41,779 --> 01:57:43,460 You can see on the top part of the screen here, 2430 01:57:43,460 --> 01:57:46,859 a colored elevation of what the building would look like. 2431 01:57:46,859 --> 01:57:50,260 The proposed materials are fiber cement panel, glass, 2432 01:57:50,260 --> 01:57:53,079 and then an architectural grade aluminum panel. 2433 01:57:53,079 --> 01:57:56,100 The PD permits a wide variety of materials, 2434 01:57:56,100 --> 01:57:59,300 glass, stones, stucco, tile, concrete, wood, 2435 01:57:59,300 --> 01:58:02,899 and then it has a clause for other similar materials. 2436 01:58:02,899 --> 01:58:05,020 Because building materials are consistently changing, 2437 01:58:05,020 --> 01:58:08,239 so it wanted to allow for those other options. 2438 01:58:08,239 --> 01:58:11,140 The total building height is approximately 30 feet 2439 01:58:11,140 --> 01:58:13,420 at that tower that you see there 2440 01:58:13,420 --> 01:58:16,079 on the left side of the screen. 2441 01:58:17,020 --> 01:58:19,140 So just looking at this from the other sides 2442 01:58:19,140 --> 01:58:21,699 of the building, you see kind of a similar modern theme 2443 01:58:21,699 --> 01:58:23,859 throughout the architecture on the building. 2444 01:58:25,699 --> 01:58:28,539 The other piece to this is their landscaping plan. 2445 01:58:28,539 --> 01:58:31,420 The PD, as I mentioned, was first created in '99, 2446 01:58:31,420 --> 01:58:34,619 and at that time, it stated in the regulations for the PD 2447 01:58:34,619 --> 01:58:37,460 that landscaping of this site would follow the code 2448 01:58:37,460 --> 01:58:39,819 that was in place at the time of PD adoption, 2449 01:58:39,819 --> 01:58:42,899 which was a 1998 landscape code. 2450 01:58:42,899 --> 01:58:45,579 Landscaping under that code was based just roughly 2451 01:58:45,579 --> 01:58:47,420 on the size of the property being developed. 2452 01:58:47,420 --> 01:58:48,779 So based on a number of square footage, 2453 01:58:48,779 --> 01:58:51,060 you had to have so many trees and shrubs. 2454 01:58:51,060 --> 01:58:54,460 The result was that the site required 27 new trees 2455 01:58:54,460 --> 01:58:56,899 to be planted and 33 shrubs. 2456 01:58:56,899 --> 01:58:59,140 So those are all shown here on the plan. 2457 01:58:59,140 --> 01:59:01,819 Overall, their site design allows 2458 01:59:01,819 --> 01:59:04,020 for 39% landscaping on the site. 2459 01:59:05,060 --> 01:59:08,500 They are preserving in the area shown in dark green 2460 01:59:08,500 --> 01:59:11,020 an existing line of trees that's there along the fence line 2461 01:59:11,020 --> 01:59:13,229 that's shared with those residential properties to the 2462 01:59:13,229 --> 01:59:14,119 south. 2463 01:59:14,119 --> 01:59:17,180 The PD requires a six-foot masonry wall be provided 2464 01:59:17,180 --> 01:59:18,859 on that side of the property. 2465 01:59:18,859 --> 01:59:20,739 The wall in this case is proposed 2466 01:59:20,739 --> 01:59:21,960 just north of those trees. 2467 01:59:21,960 --> 01:59:24,079 They didn't wanna have to remove any trees 2468 01:59:24,079 --> 01:59:26,470 to put in the wall, so they scooted it further into the 2469 01:59:26,470 --> 01:59:26,899 site. 2470 01:59:26,899 --> 01:59:28,479 And then in the light green color, 2471 01:59:28,479 --> 01:59:29,939 you can see where they're proposing 2472 01:59:29,939 --> 01:59:31,060 new plantings on the site. 2473 01:59:31,060 --> 01:59:32,859 So a few of those would be added 2474 01:59:32,859 --> 01:59:35,100 to that buffer area to enhance the screening. 2475 01:59:37,119 --> 01:59:39,720 So per the 1991 development code, 2476 01:59:39,720 --> 01:59:41,500 there were a few criteria to be examined 2477 01:59:41,500 --> 01:59:43,739 when a detail plan is proposed. 2478 01:59:43,739 --> 01:59:45,859 The first of those is that it complies 2479 01:59:45,859 --> 01:59:47,579 with the general concept plan 2480 01:59:47,579 --> 01:59:50,640 and approved development standards for the property. 2481 01:59:50,640 --> 01:59:52,899 Here on the screen, you can see that concept plan 2482 01:59:52,899 --> 01:59:55,060 that was adopted in 1999. 2483 01:59:55,060 --> 01:59:57,420 This property is part of this red track 2484 01:59:57,420 --> 02:00:01,060 that was labeled for commercial development. 2485 02:00:01,060 --> 02:00:04,880 So the use and the plan that we see here is in conformance 2486 02:00:04,880 --> 02:00:06,939 with this being a commercial development. 2487 02:00:08,100 --> 02:00:10,760 Some of the other criteria were that the plan provide 2488 02:00:10,760 --> 02:00:13,819 for adequate and safe circulation of vehicular traffic. 2489 02:00:13,819 --> 02:00:15,720 As you can see, they're limiting the driveways there 2490 02:00:15,720 --> 02:00:17,859 to just the one on 2499, 2491 02:00:17,859 --> 02:00:19,579 so one way in and out of the property. 2492 02:00:19,579 --> 02:00:21,180 And then, you know, just kind of that one way 2493 02:00:21,180 --> 02:00:23,140 of circular pattern around the site 2494 02:00:23,140 --> 02:00:25,939 to control how traffic flows through there. 2495 02:00:25,939 --> 02:00:28,140 One of the other criteria was that the plan 2496 02:00:28,140 --> 02:00:30,340 be in substantial compliance with landscaping, 2497 02:00:30,340 --> 02:00:33,500 sign, subdivision, and other regulations of the city, 2498 02:00:33,500 --> 02:00:36,060 or that it offers some corresponding benefit 2499 02:00:36,060 --> 02:00:39,180 for things if it proposes a deviation. 2500 02:00:39,180 --> 02:00:41,300 This detail plan is in substantial conformance 2501 02:00:41,300 --> 02:00:42,899 with the regulations of the PD 2502 02:00:42,899 --> 02:00:44,760 and the city's current requirements. 2503 02:00:46,779 --> 02:00:49,460 Notifications were sent about this request. 2504 02:00:49,460 --> 02:00:53,500 As of this meeting, we had received five in opposition, 2505 02:00:53,500 --> 02:00:55,460 four of those you see outlined here on the map 2506 02:00:55,460 --> 02:00:59,000 that fell within that 200-foot notification ring. 2507 02:00:59,000 --> 02:01:01,020 One of those was received from a property owner 2508 02:01:01,020 --> 02:01:03,420 that's just off the scale of this map here 2509 02:01:03,420 --> 02:01:04,819 further to the west. 2510 02:01:04,819 --> 02:01:07,020 And then we received one response in favor, 2511 02:01:07,020 --> 02:01:08,100 which was from a representative 2512 02:01:08,100 --> 02:01:09,899 of the property's current ownership. 2513 02:01:12,260 --> 02:01:15,159 And staff is recommending approval of this request. 2514 02:01:15,159 --> 02:01:18,899 We found that it complied with those criteria for approval. 2515 02:01:18,899 --> 02:01:21,739 With the following conditions to allow for some things 2516 02:01:21,739 --> 02:01:24,539 that weren't specified in the PD regulations. 2517 02:01:24,539 --> 02:01:27,539 Our first criteria would be that no exterior lighting 2518 02:01:27,539 --> 02:01:30,539 face the single-family residential uses surrounding this, 2519 02:01:30,539 --> 02:01:33,140 or if such lighting is proposed that it be screened 2520 02:01:33,140 --> 02:01:35,439 from the view of those adjoining residences. 2521 02:01:35,439 --> 02:01:37,420 Along with that, a photometric plan 2522 02:01:37,420 --> 02:01:39,300 shall be provided at the time of building permit 2523 02:01:39,300 --> 02:01:39,979 application 2524 02:01:39,979 --> 02:01:42,800 to demonstrate compliance with the Denton Development Code 2525 02:01:42,800 --> 02:01:46,279 site lighting requirements in section 3513.12 of the code. 2526 02:01:47,420 --> 02:01:50,500 Our second recommendation or criteria is that 2527 02:01:50,500 --> 02:01:52,100 due to the proximity of the location 2528 02:01:52,100 --> 02:01:53,979 to single-family residences 2529 02:01:53,979 --> 02:01:57,819 and the fact that the majority of this PD is residential, 2530 02:01:57,819 --> 02:01:59,979 there is a lack of signage requirements in the PD. 2531 02:01:59,979 --> 02:02:02,180 So we feel it appropriate that the project comply 2532 02:02:02,180 --> 02:02:05,060 with the current code of ordinances sign requirements 2533 02:02:05,060 --> 02:02:07,420 for non-residential zoning districts, 2534 02:02:07,420 --> 02:02:09,619 as well as comply with the following limitation 2535 02:02:09,619 --> 02:02:12,239 that no illuminated wall signs directly face 2536 02:02:12,239 --> 02:02:14,260 any adjoining single-family use. 2537 02:02:15,140 --> 02:02:17,939 And with that, I'd be happy to stand for any questions. 2538 02:02:20,699 --> 02:02:21,800 - Commissioner Bec. 2539 02:02:21,800 --> 02:02:22,659 - Thank you, Chair. 2540 02:02:22,659 --> 02:02:25,819 Haley, bring your site plan back up, would you? 2541 02:02:27,739 --> 02:02:28,579 Now the means of-- 2542 02:02:28,579 --> 02:02:29,779 - Oh, this one or the other? 2543 02:02:29,779 --> 02:02:30,619 - That one. 2544 02:02:30,619 --> 02:02:34,380 The means of ingress and egress is just that one area, 2545 02:02:34,380 --> 02:02:34,739 right? 2546 02:02:34,739 --> 02:02:38,060 Is there any recessed area off 2499 2547 02:02:38,060 --> 02:02:41,739 as it approaches that entrance, or is the traffic, 2548 02:02:41,739 --> 02:02:43,439 'cause that's three lanes in that, 2549 02:02:43,439 --> 02:02:45,340 the traffic that's gonna pull in there 2550 02:02:45,340 --> 02:02:47,300 is gonna pull out of that far right-hand lane, 2551 02:02:47,300 --> 02:02:48,119 is that right? 2552 02:02:48,119 --> 02:02:50,939 There's no recessed area? 2553 02:02:50,939 --> 02:02:52,659 - I don't believe so, not at this time. 2554 02:02:52,659 --> 02:02:53,500 - Okay. 2555 02:02:54,380 --> 02:02:56,180 Okay, if the applicant's here, 2556 02:02:56,180 --> 02:02:57,579 I can talk to him about that. 2557 02:02:57,579 --> 02:02:59,659 Okay, thank you. - Yeah, the applicant is here. 2558 02:02:59,659 --> 02:03:01,539 I can address maybe more specifically that question. 2559 02:03:01,539 --> 02:03:02,539 - Talk to him about it. 2560 02:03:02,539 --> 02:03:03,380 Thank you. 2561 02:03:03,380 --> 02:03:04,659 - Okay, another question. 2562 02:03:04,659 --> 02:03:06,260 Commissioner Ellis. 2563 02:03:06,260 --> 02:03:07,100 - Thank you, Chair. 2564 02:03:07,100 --> 02:03:09,699 Haley, what are the sign requirements 2565 02:03:09,699 --> 02:03:12,060 for non-residential districts that you mentioned? 2566 02:03:12,060 --> 02:03:13,300 What does that mean? 2567 02:03:13,300 --> 02:03:15,220 - There are several specifics outlined 2568 02:03:15,220 --> 02:03:16,140 in the Code of Ordinances. 2569 02:03:16,140 --> 02:03:19,279 It provides for setbacks between one and 200 feet 2570 02:03:19,279 --> 02:03:21,020 from residential properties, 2571 02:03:21,020 --> 02:03:23,739 depending on the type of sign that's proposed. 2572 02:03:23,739 --> 02:03:25,979 There are some height restrictions. 2573 02:03:27,220 --> 02:03:28,460 I can't quote them off the top of my head. 2574 02:03:28,460 --> 02:03:29,899 I'd be happy to look them up, 2575 02:03:29,899 --> 02:03:31,180 but there are height limitations 2576 02:03:31,180 --> 02:03:33,600 for the different types of signs, 2577 02:03:33,600 --> 02:03:36,460 but in general, it would be a monument or a pole sign 2578 02:03:36,460 --> 02:03:37,779 would be allowed on the property. 2579 02:03:37,779 --> 02:03:40,340 And I believe based on its length of frontage, 2580 02:03:40,340 --> 02:03:43,420 it would be permitted to have one of those signs. 2581 02:03:43,420 --> 02:03:44,260 - Mm-hmm. 2582 02:03:46,899 --> 02:03:48,500 Any other questions for Haley? 2583 02:03:50,220 --> 02:03:51,060 Thank you, Haley. 2584 02:03:52,479 --> 02:03:55,579 Call on the assumed owner and applicant, 2585 02:03:56,880 --> 02:04:01,880 Joshua Borsche, 12-821 Saratoga Downs. 2586 02:04:05,939 --> 02:04:08,100 I don't know if I got that close or not. 2587 02:04:08,100 --> 02:04:09,979 You're coming, so I'd close them out. 2588 02:04:10,420 --> 02:04:11,659 - Yes. 2589 02:04:11,659 --> 02:04:13,500 All right, good evening, everyone. 2590 02:04:14,380 --> 02:04:15,220 I'm Joshua Borsche. 2591 02:04:15,220 --> 02:04:16,979 I'm the current landowner. 2592 02:04:16,979 --> 02:04:18,819 I also own the Clean and Green Car Wash 2593 02:04:18,819 --> 02:04:23,180 that already exists in the PD 176. 2594 02:04:23,180 --> 02:04:24,579 It's on the opposite corner. 2595 02:04:25,539 --> 02:04:27,100 We've been there five years. 2596 02:04:27,100 --> 02:04:29,300 We're proud to say that we try and run 2597 02:04:29,300 --> 02:04:30,859 a clean and tidy business. 2598 02:04:30,859 --> 02:04:33,979 We've been very respectful of all of our neighbors 2599 02:04:33,979 --> 02:04:37,600 and try and support the local community as much as we can. 2600 02:04:38,539 --> 02:04:41,300 On that front, that was a first business. 2601 02:04:41,300 --> 02:04:42,420 This would be a second business, 2602 02:04:42,420 --> 02:04:44,180 solely owned by my wife and two children. 2603 02:04:44,180 --> 02:04:48,060 So this is our family's business. 2604 02:04:50,300 --> 02:04:52,340 Obviously happy to answer any questions. 2605 02:04:52,340 --> 02:04:53,939 Wanted to address just a couple things 2606 02:04:53,939 --> 02:04:57,000 and maybe some of your traffic as well. 2607 02:04:58,500 --> 02:05:01,060 Since 2499 is a text dot road, 2608 02:05:03,340 --> 02:05:04,600 we do have approval from them. 2609 02:05:04,600 --> 02:05:08,180 We do have an existing permit to add a left turn lane 2610 02:05:08,180 --> 02:05:11,060 at Pine Hills Lane there. 2611 02:05:11,060 --> 02:05:16,060 So there will be additional traffic easement 2612 02:05:16,140 --> 02:05:19,779 well with the turn lane that will be added inside of 2499. 2613 02:05:19,779 --> 02:05:22,180 From a right-hand turn perspective, there is not. 2614 02:05:25,020 --> 02:05:27,380 One of the other concerns we probably heard about 2615 02:05:27,380 --> 02:05:31,140 was possibly noise. 2616 02:05:31,140 --> 02:05:33,899 And specifically since we do have vacuums 2617 02:05:33,899 --> 02:05:36,420 on the south side of our property there, 2618 02:05:36,420 --> 02:05:38,220 one thing hopefully that can ease quite a bit 2619 02:05:38,220 --> 02:05:41,020 of those concerns in that we actually house 2620 02:05:41,020 --> 02:05:43,699 our vacuum producers, those big electric motors 2621 02:05:43,699 --> 02:05:45,420 with a big fan on them that make the vacuum. 2622 02:05:45,420 --> 02:05:48,260 We house them inside the building in an insulated room 2623 02:05:48,260 --> 02:05:50,020 and they're actually vented into the tunnel. 2624 02:05:50,020 --> 02:05:53,180 And you can actually go to our existing facility. 2625 02:05:53,180 --> 02:05:55,939 It's virtually quiet 24/7. 2626 02:05:55,939 --> 02:05:58,979 So the noise isn't an issue. 2627 02:05:58,979 --> 02:06:01,020 And any additional details are needed, 2628 02:06:01,020 --> 02:06:04,579 don't have any problems supplying those as well. 2629 02:06:06,500 --> 02:06:08,300 I think one of the things we're proud of too, 2630 02:06:08,300 --> 02:06:11,899 like Haley mentioned, we're preserving those, 2631 02:06:11,899 --> 02:06:13,539 I don't know what you would call them, heritage legacy, 2632 02:06:13,539 --> 02:06:15,380 those oak and elm trees. 2633 02:06:15,380 --> 02:06:17,460 I mean, they're 50 to 80 foot tall. 2634 02:06:17,460 --> 02:06:18,300 They're huge. 2635 02:06:18,300 --> 02:06:19,420 I'm sure the neighbors love them. 2636 02:06:19,420 --> 02:06:21,500 So we're keeping every one of them. 2637 02:06:22,380 --> 02:06:25,060 And then with the screening wall, 2638 02:06:25,060 --> 02:06:29,060 it should really move the car wash out of sight. 2639 02:06:29,060 --> 02:06:31,899 The screening wall that's required by the PD, 2640 02:06:31,899 --> 02:06:33,659 we've got on our plans. 2641 02:06:33,659 --> 02:06:35,819 One of the other pieces that actually adds to it 2642 02:06:35,819 --> 02:06:37,140 is actually the grading. 2643 02:06:37,140 --> 02:06:38,500 If you look at the open property, 2644 02:06:38,500 --> 02:06:41,819 and my engineers here as well this evening, 2645 02:06:41,819 --> 02:06:44,100 that property lies two to three feet higher 2646 02:06:44,100 --> 02:06:47,260 than the residents that neighbor it. 2647 02:06:47,260 --> 02:06:49,380 So when we do put up the screening wall, 2648 02:06:49,380 --> 02:06:50,979 it'll, the six foot screening wall, 2649 02:06:50,979 --> 02:06:53,779 it'll actually have an eight to nine foot working height. 2650 02:06:56,220 --> 02:06:57,899 Up to six foot it actually is when it's viewed 2651 02:06:57,899 --> 02:07:00,279 from the residential area. 2652 02:07:01,659 --> 02:07:05,180 Plans, we'll employ five to 10 local residents. 2653 02:07:05,180 --> 02:07:07,859 We'll, we're not gonna be open 24 hours 2654 02:07:07,859 --> 02:07:09,699 like our other facility. 2655 02:07:09,699 --> 02:07:12,659 This one will be open 7 a.m. to 9 p.m. 2656 02:07:13,819 --> 02:07:15,340 seven days a week. 2657 02:07:15,340 --> 02:07:18,420 So in general, that's the scope of the plan again. 2658 02:07:18,420 --> 02:07:19,260 Thank you, Haley. 2659 02:07:19,260 --> 02:07:20,079 You did a great job. 2660 02:07:20,079 --> 02:07:22,779 I appreciate working with you over the last few weeks here. 2661 02:07:25,060 --> 02:07:26,300 I think those are my opening comments. 2662 02:07:26,300 --> 02:07:29,100 If you have any questions, I'd be happy to respond. 2663 02:07:29,100 --> 02:07:30,699 - I have one question. 2664 02:07:30,699 --> 02:07:34,859 We had some discussion, work session or right thereabouts 2665 02:07:34,859 --> 02:07:38,260 about the noise and I appreciate you bringing that up. 2666 02:07:38,260 --> 02:07:40,579 Would you be open to on the, 2667 02:07:40,579 --> 02:07:42,619 guess what would be on your property side, 2668 02:07:42,619 --> 02:07:44,699 raising that six foot screening wall to eight foot 2669 02:07:44,699 --> 02:07:46,619 on that side and then whatever side height 2670 02:07:46,619 --> 02:07:49,279 that would be maybe 10 or 11 on the other side. 2671 02:07:49,279 --> 02:07:50,979 Would that be something you would consider? 2672 02:07:50,979 --> 02:07:51,819 - I would be open to that, yes. 2673 02:07:51,819 --> 02:07:52,659 - You'd be open to that? 2674 02:07:52,659 --> 02:07:53,500 - Yep, as needed. - Okay. 2675 02:07:53,500 --> 02:07:56,680 Thank you for addressing some of those concerns that way. 2676 02:07:57,779 --> 02:07:58,619 Commissioner Beck. 2677 02:07:58,619 --> 02:07:59,460 - Thank you, Chair. 2678 02:07:59,460 --> 02:08:01,260 Thank you, Mr. Boshie for your presentation. 2679 02:08:01,260 --> 02:08:06,260 And I agree you have done quite a lot here to make this 2680 02:08:06,260 --> 02:08:06,260 work 2681 02:08:07,020 --> 02:08:10,300 in an area where it backs up against residential housing. 2682 02:08:10,300 --> 02:08:12,060 So I appreciate what you've done here. 2683 02:08:12,060 --> 02:08:16,060 To be clear, going back to means of ingress and egress 2684 02:08:17,060 --> 02:08:22,060 on the, I guess it'd be the southbound part of 2499. 2685 02:08:23,619 --> 02:08:27,220 Did you consider making a little inlet part to come off 2686 02:08:27,220 --> 02:08:28,180 that? 2687 02:08:28,180 --> 02:08:30,359 And I don't wanna burden you with any more expense, 2688 02:08:30,359 --> 02:08:32,659 but is that something that y'all considered 2689 02:08:32,659 --> 02:08:35,260 and decided it wasn't worth it? 2690 02:08:35,260 --> 02:08:40,260 - Yep, have not, with text dot and they're building the 2691 02:08:40,260 --> 02:08:40,260 road. 2692 02:08:41,619 --> 02:08:44,899 - Okay, so they're preventing you from doing anything? 2693 02:08:44,899 --> 02:08:47,060 - Absolutely, and then there also is 2694 02:08:48,140 --> 02:08:51,979 existing retaining wall there that they installed. 2695 02:08:51,979 --> 02:08:55,260 So we'd have to have a significant engineering project 2696 02:08:55,260 --> 02:09:00,260 to change that retaining wall. 2697 02:09:00,340 --> 02:09:02,500 We'll say for lack of it, you'd have to move it. 2698 02:09:02,500 --> 02:09:05,640 There is, I wanna say it's about four or five feet tall. 2699 02:09:05,640 --> 02:09:08,420 You can see over it, but it's significant. 2700 02:09:08,420 --> 02:09:09,260 'Cause the property is higher than that. 2701 02:09:09,260 --> 02:09:10,100 - If you have the engineer here, 2702 02:09:10,100 --> 02:09:11,659 if you'd like to come up and help. 2703 02:09:11,659 --> 02:09:12,500 - Sure. 2704 02:09:12,500 --> 02:09:14,380 - Sure, we'd be happy to entertain that as well. 2705 02:09:14,380 --> 02:09:16,979 If you'll give us name and address. 2706 02:09:16,979 --> 02:09:19,420 - Mickey Thomas, I'm Jay Thomas, engineering, 2707 02:09:19,420 --> 02:09:22,939 3973 West Pickery Boulevard, Fort Worth, Texas. 2708 02:09:22,939 --> 02:09:26,260 As far as the deceleration lane is what you were looking 2709 02:09:26,260 --> 02:09:29,060 to describe right there, the site does not currently 2710 02:09:29,060 --> 02:09:31,659 meet those warrants under the current text guidelines 2711 02:09:31,659 --> 02:09:33,659 therefore it was not required under that. 2712 02:09:36,460 --> 02:09:39,739 - But now the northbound part of 2499, 2713 02:09:39,739 --> 02:09:42,140 there's a median in the middle right. 2714 02:09:42,140 --> 02:09:46,779 There's no means of getting to your location from that. 2715 02:09:46,779 --> 02:09:48,899 Is there gonna be a left turn lane there? 2716 02:09:48,899 --> 02:09:50,739 There is, okay, that's what I thought I heard you say. 2717 02:09:50,739 --> 02:09:53,380 - There's a continuous left. 2718 02:09:53,380 --> 02:09:55,819 It's a left-hand turn lane at that intersection, yes sir. 2719 02:09:55,819 --> 02:09:56,979 - Very good, thank you. 2720 02:10:00,060 --> 02:10:01,380 - Any further questions? 2721 02:10:01,380 --> 02:10:03,300 - Any other questions for either the owner 2722 02:10:03,300 --> 02:10:05,300 or the engineer while we have them here? 2723 02:10:07,220 --> 02:10:08,500 Okay, thank you sir. 2724 02:10:10,739 --> 02:10:15,739 This is a public hearing, I've got a number of cards. 2725 02:10:17,180 --> 02:10:20,020 And I'm gonna kinda do the same thing on some of these 2726 02:10:20,020 --> 02:10:23,939 that I have at least that are marked, not wishing to speak. 2727 02:10:23,939 --> 02:10:26,000 So I'll go through these first and then I'll get to the 2728 02:10:26,000 --> 02:10:26,340 cards 2729 02:10:26,340 --> 02:10:29,619 that I've kinda got some of them a mix wishing and not to 2730 02:10:29,619 --> 02:10:33,060 and we'll try to get our way through those as well. 2731 02:10:33,060 --> 02:10:37,779 So the first card I have is Otto Hanneman, 2732 02:10:37,779 --> 02:10:42,779 65, Corrid Lane, and he's in opposition 2733 02:10:43,020 --> 02:10:44,420 and did not wish to speak. 2734 02:10:45,779 --> 02:10:49,180 - I reserve that, I wanna hear what my neighbors say. 2735 02:10:49,180 --> 02:10:51,699 If they say what I wanna say, I'm not gonna bug you, 2736 02:10:51,699 --> 02:10:53,539 but I'll see what they say. 2737 02:10:54,579 --> 02:10:55,420 - No more. 2738 02:10:57,300 --> 02:10:58,939 (audience laughing) 2739 02:10:58,939 --> 02:11:01,699 - How about I move you to the back of the card 2740 02:11:01,699 --> 02:11:03,060 and we'll kinda go there. 2741 02:11:04,180 --> 02:11:05,979 Then I have Rose Brandt. 2742 02:11:07,899 --> 02:11:09,100 You do wish to speak? 2743 02:11:09,100 --> 02:11:13,140 Okay, please come forward, give us your name and address 2744 02:11:13,140 --> 02:11:15,380 and I have your card marked as in opposition. 2745 02:11:16,300 --> 02:11:18,020 - Thank you, my name is Rose Brandt, 2746 02:11:18,020 --> 02:11:22,140 I live at 6600 Haling Way in Denton. 2747 02:11:22,939 --> 02:11:27,220 My backyard, my sanctuary is gonna overlook 2748 02:11:27,220 --> 02:11:31,560 that 30 foot tower that's elevated higher than my houses. 2749 02:11:33,020 --> 02:11:35,100 You may not have lights in it, 2750 02:11:35,100 --> 02:11:39,199 but I don't pay taxes to look into a car wash. 2751 02:11:39,199 --> 02:11:40,779 That's number one. 2752 02:11:40,779 --> 02:11:42,899 What are you gonna do for the drainage? 2753 02:11:42,899 --> 02:11:45,180 What are you gonna do for the rats and the bugs 2754 02:11:45,180 --> 02:11:47,979 that develop from that area? 2755 02:11:47,979 --> 02:11:51,000 This is a residential area. 2756 02:11:51,000 --> 02:11:53,500 Most of us bought properties in that area 2757 02:11:53,500 --> 02:11:56,000 with the false assumption that it was a dead end. 2758 02:11:57,319 --> 02:12:01,180 Your turn lane is going to go right into, 2759 02:12:01,180 --> 02:12:04,659 what is that, Nolan, what's the name of that street 2760 02:12:04,659 --> 02:12:06,380 you live on? - Pine Hills. 2761 02:12:06,380 --> 02:12:09,659 - Pine Hills, it's gonna be right on Pine Hills 2762 02:12:09,659 --> 02:12:12,659 and there's a swimming pool for the community 2763 02:12:12,659 --> 02:12:15,600 about a block and a half, two blocks down. 2764 02:12:15,600 --> 02:12:17,699 Right now that is a speed zone. 2765 02:12:17,699 --> 02:12:20,319 We've asked for speed bumps and have been denied. 2766 02:12:21,619 --> 02:12:23,380 So you and the planning commission, 2767 02:12:23,380 --> 02:12:25,380 what are you gonna do for the residents 2768 02:12:25,380 --> 02:12:26,819 of this neighborhood? 2769 02:12:26,819 --> 02:12:30,699 We have seen a slow and steady decline since 2000. 2770 02:12:35,220 --> 02:12:39,020 It's gonna be opened from seven to nine p.m. 2771 02:12:39,020 --> 02:12:41,800 There are children sleeping in this neighborhood. 2772 02:12:41,800 --> 02:12:44,539 You're gonna tell me that there's no noise level? 2773 02:12:44,539 --> 02:12:48,539 That wonderful sound barrier that TechStalk put up 2774 02:12:48,539 --> 02:12:50,520 is an echo chamber. 2775 02:12:50,520 --> 02:12:54,300 I have to go out and buy other equipment 2776 02:12:54,300 --> 02:12:57,340 to deaden the noise that comes off of that highway. 2777 02:12:58,220 --> 02:13:02,180 There's a fan running in my house 24/7 now. 2778 02:13:02,180 --> 02:13:05,420 Am I gonna have more noise because of that? 2779 02:13:05,420 --> 02:13:08,060 Put office buildings, do something else 2780 02:13:08,060 --> 02:13:09,539 besides put that in there. 2781 02:13:09,539 --> 02:13:12,020 That is not fair to the community 2782 02:13:12,020 --> 02:13:15,500 and to the people that pay higher taxes this year 2783 02:13:15,500 --> 02:13:16,899 than they did last year. 2784 02:13:18,260 --> 02:13:21,140 I thank you for your consideration. 2785 02:13:21,140 --> 02:13:23,100 - Thank you for coming out this evening. 2786 02:13:27,180 --> 02:13:28,020 The next. 2787 02:13:28,020 --> 02:13:29,420 - I had a question for him. 2788 02:13:29,420 --> 02:13:30,260 - I'm sorry. 2789 02:13:30,260 --> 02:13:31,659 - Commissioner Sanchez. 2790 02:13:31,659 --> 02:13:33,220 - Rose, I have a question for you. 2791 02:13:33,220 --> 02:13:34,060 - Yes. 2792 02:13:34,060 --> 02:13:34,880 - You want. 2793 02:13:34,880 --> 02:13:36,659 - If you'll come please back up to the mic. 2794 02:13:40,300 --> 02:13:42,340 - You said the neighborhood was in decline. 2795 02:13:42,340 --> 02:13:43,180 What do you mean? 2796 02:13:43,180 --> 02:13:44,739 You said the neighborhood was in decline? 2797 02:13:44,739 --> 02:13:45,579 - Yes it is. 2798 02:13:45,579 --> 02:13:46,739 - Based on what? 2799 02:13:46,739 --> 02:13:48,460 - They put that road up. 2800 02:13:48,460 --> 02:13:50,979 There are people zooming in and out 2801 02:13:50,979 --> 02:13:52,619 of Pine Hills continuously. 2802 02:13:52,619 --> 02:13:56,859 It is a drag strip going from 35 through there. 2803 02:13:56,859 --> 02:13:58,939 People take that as a shortcut. 2804 02:13:58,939 --> 02:14:02,300 There are children that I watch them out of my kitchen 2805 02:14:02,300 --> 02:14:02,779 window 2806 02:14:02,779 --> 02:14:04,779 and I wanna run out there and grab them 2807 02:14:04,779 --> 02:14:06,420 to get them off the street. 2808 02:14:06,420 --> 02:14:09,899 There are more houses being for rent than for sale. 2809 02:14:11,720 --> 02:14:12,899 It's just declined. 2810 02:14:14,100 --> 02:14:15,359 - Okay, thank you. 2811 02:14:16,739 --> 02:14:19,079 (murmuring) 2812 02:14:25,539 --> 02:14:28,859 - The next card I have is Shannon Garza 2813 02:14:28,859 --> 02:14:33,430 at 6545 Pine Hills Lane in opposition, not wishing to speak 2814 02:14:33,430 --> 02:14:33,619 . 2815 02:14:37,060 --> 02:14:38,500 - Would you like to speak? 2816 02:14:38,500 --> 02:14:41,199 Okay, please come forward and give us your name and address 2817 02:14:41,199 --> 02:14:41,500 . 2818 02:14:45,340 --> 02:14:50,020 - So Shannon Garza at 6545 Pine Hills Lane. 2819 02:14:50,020 --> 02:14:55,020 And so I live three houses in from 2499 on Pine Hills. 2820 02:14:56,300 --> 02:14:59,539 And so my house is a drag strip now. 2821 02:14:59,539 --> 02:15:01,899 So not only do I have a highway behind my house 2822 02:15:01,899 --> 02:15:04,779 where they tore down every tree in the 30 foot easement 2823 02:15:04,779 --> 02:15:05,960 that they were supposed to keep, 2824 02:15:05,960 --> 02:15:07,699 that they told me they were gonna do when I bought the 2825 02:15:07,699 --> 02:15:08,140 house. 2826 02:15:08,140 --> 02:15:10,420 And I have small children. 2827 02:15:10,420 --> 02:15:12,460 There are small children on Hailing Way. 2828 02:15:12,460 --> 02:15:14,979 My kids' friends can't come down to my house 2829 02:15:14,979 --> 02:15:16,460 because they can't cross the street 2830 02:15:16,460 --> 02:15:17,979 from Hailing Way to my house 2831 02:15:17,979 --> 02:15:20,300 because people park on the street. 2832 02:15:20,300 --> 02:15:23,020 And so you can't see around 2833 02:15:23,020 --> 02:15:25,060 to make sure no car is coming either way, 2834 02:15:25,060 --> 02:15:26,340 which is not your problem. 2835 02:15:26,340 --> 02:15:31,220 But when people turn right or left off of 2499 onto my 2836 02:15:31,220 --> 02:15:31,340 street, 2837 02:15:32,340 --> 02:15:33,819 they're going so fast 2838 02:15:33,819 --> 02:15:36,739 because there's no speed limit signs on 2499 yet. 2839 02:15:36,739 --> 02:15:40,260 They're going anywhere between 45 and 55 miles an hour. 2840 02:15:40,260 --> 02:15:41,739 And they turn down Pine Hills, 2841 02:15:41,739 --> 02:15:44,060 still going 45, 55 miles an hour. 2842 02:15:44,060 --> 02:15:46,260 And they have no way to stop. 2843 02:15:46,260 --> 02:15:50,060 And so now we're gonna have the proposed driveway 2844 02:15:50,060 --> 02:15:53,720 coming in and out of the car wash with additional traffic. 2845 02:15:53,720 --> 02:15:58,720 Already you have accidents at the Kroger Hickory Creek 2846 02:15:58,899 --> 02:16:01,300 in 2499 and you guys have blocked off, 2847 02:16:01,300 --> 02:16:03,539 or not you, but they blocked off the right turn lane 2848 02:16:03,539 --> 02:16:05,260 because people can't see. 2849 02:16:05,260 --> 02:16:07,020 So now you're gonna be turning left or right 2850 02:16:07,020 --> 02:16:10,260 out of the car wash with cars coming at you. 2851 02:16:10,260 --> 02:16:14,380 And so, and I don't wanna walk out of my house 2852 02:16:14,380 --> 02:16:16,659 and look to my right where used to be pretty trees 2853 02:16:16,659 --> 02:16:18,939 and grass and see a building. 2854 02:16:18,939 --> 02:16:19,899 That's all I have to say. 2855 02:16:19,899 --> 02:16:20,819 Thank you. 2856 02:16:20,819 --> 02:16:21,939 - I have a question for you. 2857 02:16:21,939 --> 02:16:22,760 - Yes, sir. 2858 02:16:22,760 --> 02:16:23,600 - Commissioner Beck. 2859 02:16:23,600 --> 02:16:24,439 - Thank you, Chair. 2860 02:16:24,439 --> 02:16:25,939 Thank you, Ms. Garza for speaking. 2861 02:16:25,939 --> 02:16:28,300 We appreciate everybody coming in and speaking on this. 2862 02:16:28,300 --> 02:16:29,140 Let me ask you this. 2863 02:16:29,140 --> 02:16:30,880 I noticed that there wasn't a, 2864 02:16:30,880 --> 02:16:33,700 that the applicant didn't have a neighborhood meeting, 2865 02:16:33,700 --> 02:16:34,540 which is disappointing. 2866 02:16:34,540 --> 02:16:35,979 We always like to encourage that 2867 02:16:35,979 --> 02:16:38,459 when a business comes in in close proximity. 2868 02:16:39,379 --> 02:16:41,180 Are you hearing some things tonight 2869 02:16:41,180 --> 02:16:43,059 that you haven't heard before 2870 02:16:43,059 --> 02:16:47,100 that eases your mind a little bit about this development? 2871 02:16:47,100 --> 02:16:49,979 The fact that they're putting these buffers up? 2872 02:16:49,979 --> 02:16:50,979 - But those buffers, I think, 2873 02:16:50,979 --> 02:16:53,219 are gonna be on the opposite side. 2874 02:16:53,219 --> 02:16:56,899 My side is the Oakmont side and not Wheeler Ridge. 2875 02:16:56,899 --> 02:17:01,899 And so, the in and out are gonna be in front of my house. 2876 02:17:01,899 --> 02:17:05,059 And so, I mean, I see the left turn lane, 2877 02:17:05,059 --> 02:17:08,500 but that's only helping people turn into the car wash. 2878 02:17:08,500 --> 02:17:10,500 So, it's gonna increase traffic there, 2879 02:17:10,500 --> 02:17:12,219 and I'm gonna have to look at it. 2880 02:17:12,219 --> 02:17:13,920 I don't wanna look at a 30-foot building. 2881 02:17:13,920 --> 02:17:14,860 When I bought the house, 2882 02:17:14,860 --> 02:17:17,379 I was told they were gonna keep some of the trees. 2883 02:17:17,379 --> 02:17:20,299 So, can't fix that problem, but. 2884 02:17:20,299 --> 02:17:21,459 - I guess what I was trying to express, 2885 02:17:21,459 --> 02:17:23,299 and anybody else that comes down and speak, 2886 02:17:23,299 --> 02:17:24,459 if you can address that, 2887 02:17:24,459 --> 02:17:26,739 that had there been a neighborhood meeting 2888 02:17:26,739 --> 02:17:29,739 where you could have confronted the applicant on this 2889 02:17:29,739 --> 02:17:31,299 and addressed your concerns, 2890 02:17:31,299 --> 02:17:35,780 do you feel like this would have helped you in some way, 2891 02:17:35,780 --> 02:17:38,379 in some respect, and better understand? 2892 02:17:39,379 --> 02:17:41,100 - I don't, I may be wrong. 2893 02:17:41,100 --> 02:17:44,180 I don't know that we had an HOA or neighborhood meeting. 2894 02:17:44,180 --> 02:17:45,540 I think-- - No, no, you didn't. 2895 02:17:45,540 --> 02:17:46,379 That's what I'm saying. - Right. 2896 02:17:46,379 --> 02:17:47,979 - Had there been one scheduled, 2897 02:17:47,979 --> 02:17:49,500 you would have gotten, you should have gotten 2898 02:17:49,500 --> 02:17:50,700 notification from the NPU. - Probably. 2899 02:17:50,700 --> 02:17:53,219 I don't think our new HOA board people, 2900 02:17:54,739 --> 02:17:56,100 I won't say any more about that. - Pursued that too much? 2901 02:17:56,100 --> 02:17:57,459 Okay, okay. - Yes, sir. 2902 02:17:57,459 --> 02:17:58,899 - All right, thank you. - Yes, sir. 2903 02:17:58,899 --> 02:18:00,239 - One more question. - Yes, sir. 2904 02:18:00,239 --> 02:18:01,620 - Commissioner Sanchez. 2905 02:18:01,620 --> 02:18:04,040 - Yes, when you bought the house, 2906 02:18:04,040 --> 02:18:05,940 were you aware that there was a commercial piece 2907 02:18:05,940 --> 02:18:07,379 of property there? 2908 02:18:07,379 --> 02:18:08,540 - No, I wasn't aware of that. 2909 02:18:08,540 --> 02:18:11,260 When I was there, it was all green space. 2910 02:18:11,260 --> 02:18:14,840 My realtor told me, yes, they're gonna put 2499 back there, 2911 02:18:14,840 --> 02:18:17,899 but where your house is, 'cause we're kinda at the curb, 2912 02:18:17,899 --> 02:18:21,420 you'll have 30 feet before there's the road, 2913 02:18:21,420 --> 02:18:24,819 and that should still be left green the way that it was. 2914 02:18:24,819 --> 02:18:26,819 And of course it didn't. - And who told you this? 2915 02:18:26,819 --> 02:18:27,940 - My realtor. 2916 02:18:27,940 --> 02:18:28,979 So it's not your fault. 2917 02:18:28,979 --> 02:18:29,819 Yeah, my realtor told me that. 2918 02:18:29,819 --> 02:18:31,219 - Okay, and I'm just saying this. 2919 02:18:31,219 --> 02:18:32,500 - Right. - Part of it is 2920 02:18:32,500 --> 02:18:33,940 when there's open space like that. 2921 02:18:33,940 --> 02:18:35,299 - Yes. - It's open to you, 2922 02:18:35,299 --> 02:18:37,340 especially if it's commercial. 2923 02:18:37,340 --> 02:18:38,219 - Well, it wasn't open then. 2924 02:18:38,219 --> 02:18:39,379 It was trees. - Yeah, well. 2925 02:18:39,379 --> 02:18:40,459 - So I couldn't even see that. 2926 02:18:40,459 --> 02:18:41,700 It looked like nice forest to me, 2927 02:18:41,700 --> 02:18:43,500 and there were birds and all kinds of stuff. 2928 02:18:43,500 --> 02:18:45,340 But I will agree with my neighbor 2929 02:18:45,340 --> 02:18:48,620 that there are more houses for rent or lease 2930 02:18:48,620 --> 02:18:50,899 than you can count. 2931 02:18:50,899 --> 02:18:53,620 And so, especially one-story houses, 2932 02:18:54,860 --> 02:18:57,479 real estate people are buying them and renting them out 2933 02:18:57,479 --> 02:19:00,180 because of what's going on right now. 2934 02:19:02,379 --> 02:19:03,780 - Thank you. - Yes, sir. 2935 02:19:03,780 --> 02:19:04,700 - Well, we'll see no other questions. 2936 02:19:04,700 --> 02:19:05,940 Thank you for coming out this evening. 2937 02:19:05,940 --> 02:19:06,940 - Yes, sir, thank you. 2938 02:19:09,420 --> 02:19:12,260 - The next card I have is Jonathan Acker, 2939 02:19:12,260 --> 02:19:15,340 6325 Thorough Red Trail. 2940 02:19:15,340 --> 02:19:17,340 In opposition, do not wish to speak. 2941 02:19:18,700 --> 02:19:19,540 Okay. 2942 02:19:21,700 --> 02:19:26,700 Next card I have is Gina Lomlin, I believe, 2943 02:19:27,139 --> 02:19:29,760 6020 English Manor Road. 2944 02:19:31,239 --> 02:19:33,540 In opposition, do not wish to speak. 2945 02:19:34,540 --> 02:19:35,459 Correct, okay. 2946 02:19:37,780 --> 02:19:40,940 And then these are cards that are currently shown 2947 02:19:40,940 --> 02:19:42,020 wishing to speak. 2948 02:19:42,899 --> 02:19:47,059 First card I have is Stephen Shannon, in support, 2949 02:19:47,059 --> 02:19:47,899 wishing to speak. 2950 02:19:54,420 --> 02:19:58,680 - Stephen Shannon, 319 West Oak, here in Denton. 2951 02:19:58,680 --> 02:20:00,739 We are the property owner immediately 2952 02:20:00,739 --> 02:20:02,700 to the north of the car wash, 2953 02:20:02,700 --> 02:20:06,139 and we are in support of what Josh is doing. 2954 02:20:06,139 --> 02:20:08,420 It conforms with the PD. 2955 02:20:08,420 --> 02:20:10,260 Seems to me that he's made every attempt 2956 02:20:10,260 --> 02:20:13,340 to make it a compatible use. 2957 02:20:13,340 --> 02:20:15,540 It's already compatible use by right and by law, 2958 02:20:15,540 --> 02:20:19,979 but just to be compatible with the neighborhood 2959 02:20:19,979 --> 02:20:21,620 and the request of the neighborhood. 2960 02:20:22,979 --> 02:20:25,340 The PD's been around since '99. 2961 02:20:25,340 --> 02:20:27,139 It's been in effect for a long time. 2962 02:20:28,700 --> 02:20:31,139 The rules of what could happen with that property 2963 02:20:31,139 --> 02:20:33,100 have been established at that point, 2964 02:20:33,100 --> 02:20:35,340 at the beginning of Wheelridge development. 2965 02:20:35,340 --> 02:20:37,579 So we're in support of it. 2966 02:20:37,579 --> 02:20:40,659 We feel that it's a good use. 2967 02:20:40,659 --> 02:20:43,979 One thing I know you'd mentioned about the D-cell lane 2968 02:20:43,979 --> 02:20:47,459 and the turn lane, in order to get our TxDOT permit, 2969 02:20:47,459 --> 02:20:49,340 we're part of that as well. 2970 02:20:50,459 --> 02:20:53,059 The city commented and TxDOT commented 2971 02:20:53,059 --> 02:20:54,399 before we could get our permit. 2972 02:20:54,399 --> 02:20:56,379 So it was per all of the requirements 2973 02:20:56,379 --> 02:20:57,700 from the city and TxDOT. 2974 02:21:00,739 --> 02:21:01,940 Anyway, we're in support of it. 2975 02:21:01,940 --> 02:21:02,780 We think it's good use. 2976 02:21:02,780 --> 02:21:04,739 We think it's compatible with what goes there 2977 02:21:04,739 --> 02:21:06,899 and compliance with the PD. 2978 02:21:06,899 --> 02:21:08,819 - Okay, I don't see any questions. 2979 02:21:08,819 --> 02:21:10,860 Thank you, sir, for coming out this evening. 2980 02:21:12,500 --> 02:21:17,500 Next card I have is David Furr in opposition. 2981 02:21:17,700 --> 02:21:18,579 Wishing to speak. 2982 02:21:23,600 --> 02:21:26,219 To be followed by Kim Hurst. 2983 02:21:29,260 --> 02:21:33,000 - David Furr, 6500 Longleaf Lane in Denton. 2984 02:21:35,659 --> 02:21:37,299 I'll start off by saying one of the things 2985 02:21:37,299 --> 02:21:39,239 that did put my mind at ease. 2986 02:21:39,239 --> 02:21:43,180 No, we did not have a community meeting. 2987 02:21:43,180 --> 02:21:47,379 We got the notice like a week ago that this was planned. 2988 02:21:47,379 --> 02:21:49,620 So this just was like out of the blue. 2989 02:21:49,620 --> 02:21:50,879 We had no clue. 2990 02:21:52,040 --> 02:21:57,040 My house faces where they're proposing to build this thing 2991 02:21:58,700 --> 02:22:03,579 and I don't like the idea of walking out 2992 02:22:03,579 --> 02:22:06,020 to a 30 foot building, 2993 02:22:06,020 --> 02:22:08,780 even with a six foot easement all the way around it. 2994 02:22:10,020 --> 02:22:11,100 One of the things, like I said, 2995 02:22:11,100 --> 02:22:12,940 that did put my mind at ease was that he did say 2996 02:22:12,940 --> 02:22:16,059 that this was not gonna be a 24 hour operation, 2997 02:22:16,059 --> 02:22:18,100 which that was another big concern of mine 2998 02:22:18,100 --> 02:22:21,920 because I've been by the one over by 7-Eleven. 2999 02:22:23,500 --> 02:22:25,559 The lights are on all the time. 3000 02:22:27,100 --> 02:22:28,739 When there are people there, 3001 02:22:28,739 --> 02:22:30,340 and there's usually a lot of people there, 3002 02:22:30,340 --> 02:22:32,219 he does very good business, 3003 02:22:32,219 --> 02:22:34,860 but when there are people there, it is very loud. 3004 02:22:34,860 --> 02:22:36,420 And not just because of the vacuums, 3005 02:22:36,420 --> 02:22:38,340 but because people like to listen to the radios 3006 02:22:38,340 --> 02:22:41,420 when they run their vacuums and you gotta turn it up. 3007 02:22:41,420 --> 02:22:43,299 And so you've got about 10 or 15 cars 3008 02:22:43,299 --> 02:22:45,180 blaring about 15 different stations. 3009 02:22:47,059 --> 02:22:51,120 The noise pollution is awful just driving through there. 3010 02:22:56,559 --> 02:22:59,420 The traffic is a big concern of mine. 3011 02:22:59,420 --> 02:23:02,340 24.99 just got finished. 3012 02:23:02,340 --> 02:23:04,139 Everybody's enjoying it. 3013 02:23:04,139 --> 02:23:06,340 Yes, there are speed problems on there, 3014 02:23:06,340 --> 02:23:08,639 but now they're talking about building this building 3015 02:23:08,639 --> 02:23:10,059 and creating easements. 3016 02:23:10,059 --> 02:23:12,299 And now you're gonna close a lane down 3017 02:23:12,299 --> 02:23:15,219 because you have to put the entrance in there. 3018 02:23:15,219 --> 02:23:19,399 You're gonna close it all off for God only knows how long. 3019 02:23:19,399 --> 02:23:20,979 Teasley's already torn up. 3020 02:23:22,500 --> 02:23:24,840 So you can't just say, oh, well, go down Teasley. 3021 02:23:24,840 --> 02:23:28,059 Well, no, Teasley's being torn up and fixed right now, 3022 02:23:28,059 --> 02:23:30,639 which is great, but it's not done yet. 3023 02:23:32,100 --> 02:23:34,260 I don't like the idea of, again, 3024 02:23:34,260 --> 02:23:37,020 looking at a 30-foot building 3025 02:23:37,020 --> 02:23:39,299 when I'm sitting upstairs in my game room 3026 02:23:39,299 --> 02:23:42,340 and I don't see my trees out there. 3027 02:23:42,340 --> 02:23:45,059 I completely agree with some of these people 3028 02:23:45,059 --> 02:23:48,020 to where it's like I enjoy my trees and my sanctuary 3029 02:23:48,020 --> 02:23:50,639 and it's nice to look at nature. 3030 02:23:50,639 --> 02:23:52,659 I moved into a neighborhood to live in a neighborhood, 3031 02:23:52,659 --> 02:23:57,379 not to live in a neighborhood with a commercial district 3032 02:23:57,379 --> 02:23:58,360 right next door to me 3033 02:23:58,360 --> 02:24:00,860 to where I had to look at stores and businesses. 3034 02:24:02,139 --> 02:24:03,979 But that's all I've got. 3035 02:24:03,979 --> 02:24:05,579 - Thank you, sir, for coming out this evening. 3036 02:24:05,579 --> 02:24:06,579 I do have a question. 3037 02:24:06,579 --> 02:24:07,540 Commissioner Sanchez. 3038 02:24:07,540 --> 02:24:12,540 - Yes, 2499 is pretty much, okay, it's very busy road. 3039 02:24:14,739 --> 02:24:19,299 So along these roads, normally they put commercial 3040 02:24:19,299 --> 02:24:19,739 businesses. 3041 02:24:21,819 --> 02:24:24,780 - Yes, but this is a commercial business within, 3042 02:24:24,780 --> 02:24:27,340 you've got a neighborhood on either side of this road. 3043 02:24:27,340 --> 02:24:28,420 And yeah, this is a road 3044 02:24:28,420 --> 02:24:30,059 that's running through a neighborhood, 3045 02:24:30,059 --> 02:24:32,059 but you've got one spot, 3046 02:24:32,059 --> 02:24:34,299 well, two spots of land right there 3047 02:24:34,299 --> 02:24:37,659 that you're gonna open for a commercial business. 3048 02:24:37,659 --> 02:24:40,420 So I mean, it's almost like what sense does that make? 3049 02:24:44,700 --> 02:24:47,379 You got a neighborhood here, a neighborhood here, 3050 02:24:47,379 --> 02:24:48,639 but right in the middle of everything, 3051 02:24:48,639 --> 02:24:51,559 we've got two businesses. 3052 02:24:52,299 --> 02:24:53,659 - Do you have any recommendations 3053 02:24:53,659 --> 02:24:55,420 to what to do with those lots? 3054 02:24:55,420 --> 02:24:57,780 I mean, those commercial properties? 3055 02:24:57,780 --> 02:24:58,899 - Commercial properties? 3056 02:24:58,899 --> 02:25:00,260 - Yeah, I mean, they already exist 3057 02:25:00,260 --> 02:25:04,860 and they've been there since PD was created. 3058 02:25:04,860 --> 02:25:07,100 So what would be your recommendation? 3059 02:25:07,100 --> 02:25:08,659 - My recommendation would be 3060 02:25:09,620 --> 02:25:12,399 let the city buy it back and build a park there. 3061 02:25:14,100 --> 02:25:15,299 Put a park there. 3062 02:25:18,420 --> 02:25:21,020 But I mean, I don't know. 3063 02:25:21,020 --> 02:25:23,379 Something that's not gonna obstruct the view 3064 02:25:23,379 --> 02:25:27,139 and you sit here and say it's a 30-foot building, 3065 02:25:27,139 --> 02:25:28,219 but then he just said, too, 3066 02:25:28,219 --> 02:25:32,700 oh, well, it goes up three feet or six feet above 3067 02:25:32,700 --> 02:25:34,579 the neighbors behind them. 3068 02:25:34,579 --> 02:25:36,540 And yeah, that's all well and good, 3069 02:25:36,540 --> 02:25:38,780 but that just raises the height of the building up even 3070 02:25:38,780 --> 02:25:39,540 more. 3071 02:25:40,559 --> 02:25:42,659 That's just something else we have to look at. 3072 02:25:42,659 --> 02:25:45,739 (indistinct chatter) 3073 02:25:48,340 --> 02:25:49,500 - Any other questions? 3074 02:25:51,739 --> 02:25:53,739 Thank you, sir, for coming out this evening. 3075 02:25:54,739 --> 02:25:56,739 As chair, I just wanna clarify something 3076 02:25:56,739 --> 02:25:59,500 that was, I think, stated by Haley 3077 02:25:59,500 --> 02:26:00,780 that that property by right 3078 02:26:00,780 --> 02:26:02,780 can have a 100-foot tall building on it. 3079 02:26:06,379 --> 02:26:07,340 - She was thinking of a different, 3080 02:26:07,340 --> 02:26:09,780 it was the max height, it didn't get into feet. 3081 02:26:09,780 --> 02:26:12,739 It's three, for commercial, three stories, 3082 02:26:12,739 --> 02:26:15,100 residential, two and a half stories. 3083 02:26:15,100 --> 02:26:17,219 - Okay, so I'm incorrect. 3084 02:26:17,219 --> 02:26:19,379 We don't have a maximum height, 3085 02:26:19,379 --> 02:26:22,020 then we have a stories, three stories. 3086 02:26:22,020 --> 02:26:23,219 Okay, my mistake. 3087 02:26:26,500 --> 02:26:30,100 Next speaker we have is Kim Hurst, 3088 02:26:32,020 --> 02:26:33,620 wishing to speak in opposition. 3089 02:26:39,379 --> 02:26:41,139 - Good evening, my name is Kimberly Hurst 3090 02:26:41,139 --> 02:26:43,219 at 3301 High Point Drive. 3091 02:26:43,219 --> 02:26:45,100 I apologize in advance 'cause you're about to drink 3092 02:26:45,100 --> 02:26:48,180 from a fire hose so I can get this all out in time. 3093 02:26:48,180 --> 02:26:51,819 My first issue is gonna be the decrease in property values. 3094 02:26:51,819 --> 02:26:56,459 Having this commercial property right behind my home 3095 02:26:56,459 --> 02:26:58,659 is gonna decrease the value of my home. 3096 02:26:58,659 --> 02:27:01,059 We bought our home to be in a residential area 3097 02:27:01,059 --> 02:27:02,299 because we have children. 3098 02:27:03,379 --> 02:27:04,940 The noise that is gonna come from this, 3099 02:27:04,940 --> 02:27:07,139 you've already heard somebody mention the echo chamber 3100 02:27:07,139 --> 02:27:09,819 we already have from 2499. 3101 02:27:09,819 --> 02:27:11,180 Now we're gonna have another one. 3102 02:27:11,180 --> 02:27:15,379 So we are gonna be boxed or held in from two walls 3103 02:27:15,379 --> 02:27:17,180 just sending these echo chambers down, 3104 02:27:17,180 --> 02:27:20,299 which defeats the purpose of being in a residential area 3105 02:27:20,299 --> 02:27:22,659 that's supposed to be nice and calm and quiet. 3106 02:27:23,979 --> 02:27:27,379 This is going to increase issues in crime 3107 02:27:27,379 --> 02:27:29,700 and having neighborhood safety. 3108 02:27:29,700 --> 02:27:31,299 Because we are a residential area, 3109 02:27:31,299 --> 02:27:33,780 our children are out on the weekends all weekend, 3110 02:27:33,780 --> 02:27:37,579 which is the busiest time for a business like this. 3111 02:27:37,579 --> 02:27:39,479 Our kids go through the green belt. 3112 02:27:39,479 --> 02:27:42,139 They go through the utility easement that's there. 3113 02:27:42,139 --> 02:27:44,739 There is harm that could happen to them from being there. 3114 02:27:44,739 --> 02:27:47,100 You're also gonna have people that go to these businesses 3115 02:27:47,100 --> 02:27:48,700 and it can take up to two hours 3116 02:27:48,700 --> 02:27:51,319 to get the full service of these. 3117 02:27:51,319 --> 02:27:52,940 What do they do when they get bored? 3118 02:27:52,940 --> 02:27:54,260 They start walking. 3119 02:27:54,260 --> 02:27:56,579 They're either gonna be walking in our neighborhood 3120 02:27:56,579 --> 02:27:59,639 or on the other side of 2499 in that neighborhood, 3121 02:27:59,639 --> 02:28:00,940 but most likely they're gonna be walking 3122 02:28:00,940 --> 02:28:03,059 through our utility easement to get to the shops 3123 02:28:03,059 --> 02:28:05,500 on Teasley and Hickory Creek Road, 3124 02:28:05,500 --> 02:28:06,819 which is right behind my property. 3125 02:28:06,819 --> 02:28:09,440 That is gonna increase the trash that people leave 3126 02:28:09,440 --> 02:28:11,780 back there, that is gonna increase the traffic 3127 02:28:11,780 --> 02:28:12,879 that we have back there. 3128 02:28:12,879 --> 02:28:14,520 It could increase the crime that we have 3129 02:28:14,520 --> 02:28:15,780 because they are gonna spot things 3130 02:28:15,780 --> 02:28:17,620 that we have in our neighborhoods 3131 02:28:17,620 --> 02:28:21,079 that could then turn around and start having more break-ins 3132 02:28:21,079 --> 02:28:21,299 . 3133 02:28:25,620 --> 02:28:28,219 With this being strictly residential, 3134 02:28:28,219 --> 02:28:30,420 there are other options that could be there. 3135 02:28:30,420 --> 02:28:32,239 Right now we have multiple car washes 3136 02:28:32,239 --> 02:28:33,340 within a five mile radius. 3137 02:28:33,340 --> 02:28:35,500 We have two full service ones already. 3138 02:28:35,500 --> 02:28:37,780 We have one at 288 in Colorado. 3139 02:28:37,780 --> 02:28:39,659 We have another one at Swisher and Jorall 3140 02:28:39,659 --> 02:28:40,780 that are full service. 3141 02:28:40,780 --> 02:28:43,860 Then we have the drive-through 24-hour versions 3142 02:28:43,860 --> 02:28:47,459 at Robinson and Teasley as well as State School Road 35. 3143 02:28:47,459 --> 02:28:50,780 How many car washes do we need in that small radius? 3144 02:28:50,780 --> 02:28:52,420 There are other options. 3145 02:28:52,420 --> 02:28:53,379 Yes, it's commercial. 3146 02:28:53,379 --> 02:28:55,340 There could be other things, whether it be a rec center, 3147 02:28:55,340 --> 02:28:57,620 whether it be a dog grooming company. 3148 02:28:57,620 --> 02:29:00,139 I could care less versus something 3149 02:29:00,139 --> 02:29:03,420 that's gonna be 30 foot tall, adding to the noise level, 3150 02:29:03,420 --> 02:29:05,219 adding to the traffic levels. 3151 02:29:05,219 --> 02:29:07,379 Ever since 2499 opened up, 3152 02:29:07,379 --> 02:29:09,680 people use our housing division as a cut-through 3153 02:29:09,680 --> 02:29:12,260 to avoid the construction on Teasley. 3154 02:29:13,219 --> 02:29:15,219 We have no lights on 2499, 3155 02:29:15,219 --> 02:29:17,319 so people are rushing through there at night. 3156 02:29:17,319 --> 02:29:19,620 You cannot see anything. 3157 02:29:19,620 --> 02:29:22,219 Now we're gonna add another reason to have more traffic 3158 02:29:22,219 --> 02:29:22,340 there 3159 02:29:22,340 --> 02:29:23,959 when we haven't even been able to address 3160 02:29:23,959 --> 02:29:25,340 and fix the issues that we have there. 3161 02:29:25,340 --> 02:29:26,819 We don't have speed limit signs. 3162 02:29:26,819 --> 02:29:28,520 We do not have lights. 3163 02:29:28,520 --> 02:29:30,819 We've got more traffic in our residential area. 3164 02:29:30,819 --> 02:29:35,139 We bought these homes for ourselves, for our families. 3165 02:29:35,139 --> 02:29:37,059 And my home will turn into a rental property 3166 02:29:37,059 --> 02:29:38,420 if something like this goes through 3167 02:29:38,420 --> 02:29:42,280 because I won't have a 30 foot tower in my backyard. 3168 02:29:42,280 --> 02:29:44,780 Adding another wall, that just means more echo. 3169 02:29:44,780 --> 02:29:47,219 We're already getting it from 2499. 3170 02:29:47,219 --> 02:29:49,420 Now you're just gonna give it a double tunnel. 3171 02:29:50,620 --> 02:29:51,860 Thank you. 3172 02:29:51,860 --> 02:29:52,680 - Thank you. 3173 02:29:52,680 --> 02:29:54,260 I have a question. 3174 02:29:54,260 --> 02:29:55,180 - Yeah. 3175 02:29:55,180 --> 02:29:56,379 You said you're gonna get more traffic. 3176 02:29:56,379 --> 02:29:58,059 - Mr. Sanchez. 3177 02:29:58,059 --> 02:29:59,540 - That you're gonna have more traffic, 3178 02:29:59,540 --> 02:30:04,540 but won't the existing people utilizing that car wash, 3179 02:30:04,579 --> 02:30:07,139 won't they be people from that neighborhood? 3180 02:30:07,139 --> 02:30:07,979 - No. 3181 02:30:07,979 --> 02:30:11,020 If you saw the amount of traffic that goes through 2499, 3182 02:30:11,020 --> 02:30:14,739 it is what people use to cut from Argyle to 35 3183 02:30:14,739 --> 02:30:17,540 without having to go straight down 377. 3184 02:30:17,540 --> 02:30:18,420 They all use these. 3185 02:30:18,420 --> 02:30:20,739 They take Hickory Creek Road, Country Club Road, 3186 02:30:20,739 --> 02:30:23,780 and then come straight through into our neighborhoods. 3187 02:30:23,780 --> 02:30:25,420 They're also, because of the construction 3188 02:30:25,420 --> 02:30:28,219 where they're widening Teasley at this moment, 3189 02:30:28,219 --> 02:30:31,040 nobody wants to sit with the construction out there 3190 02:30:31,040 --> 02:30:34,239 with the postman saying which way you can go one lane. 3191 02:30:34,239 --> 02:30:35,860 So they're using our housing division 3192 02:30:35,860 --> 02:30:37,659 and literally the street that I live on, 3193 02:30:37,659 --> 02:30:39,219 'cause I'm on a corner lot, 3194 02:30:39,219 --> 02:30:41,899 is the main road that they're using to cut through 3195 02:30:41,899 --> 02:30:44,139 our housing division already to get to the other side 3196 02:30:44,139 --> 02:30:45,700 to avoid traffic. 3197 02:30:45,700 --> 02:30:49,879 Because 2499 does not have any stop signs 3198 02:30:49,879 --> 02:30:51,840 going four ways at Hickory Creek Road, 3199 02:30:51,840 --> 02:30:53,159 there are three accidents there, 3200 02:30:53,159 --> 02:30:55,559 a minimum a week since it's opened. 3201 02:30:55,559 --> 02:30:56,959 They keep trying to put up cones 3202 02:30:56,959 --> 02:31:00,579 to block the right-hand lane to try and prevent that. 3203 02:31:00,579 --> 02:31:01,899 It slows it down. 3204 02:31:01,899 --> 02:31:03,340 It doesn't prevent the accidents. 3205 02:31:03,340 --> 02:31:06,420 So now we're gonna have people that are coming off of 2499 3206 02:31:06,420 --> 02:31:07,940 to go to another car wash 3207 02:31:07,940 --> 02:31:09,399 to cut through our housing division 3208 02:31:09,399 --> 02:31:11,620 to avoid the construction on Teasley. 3209 02:31:11,620 --> 02:31:13,379 It's just adding more traffic 3210 02:31:13,379 --> 02:31:16,379 and we have a huge neighborhood. 3211 02:31:16,379 --> 02:31:20,500 And the number of families with children is quite high. 3212 02:31:20,500 --> 02:31:22,620 We just had our HOA do something great 3213 02:31:22,620 --> 02:31:25,379 of giving us a new park for our children. 3214 02:31:25,379 --> 02:31:27,420 Why are we gonna even take our children to that park 3215 02:31:27,420 --> 02:31:29,700 if we can't even know that they're gonna be safe 3216 02:31:29,700 --> 02:31:30,979 because of the additional traffic 3217 02:31:30,979 --> 02:31:32,680 that we're already getting through? 3218 02:31:35,579 --> 02:31:37,500 - One more question for you, Commissioner Beck. 3219 02:31:37,500 --> 02:31:38,340 - Thank you, Chair. 3220 02:31:38,340 --> 02:31:39,340 Thank you, Ms. Hurst, for your presentation. 3221 02:31:39,340 --> 02:31:40,459 Is it Hurst or Hurst? 3222 02:31:40,459 --> 02:31:42,700 - Hurst, like city. - Hurst, okay. 3223 02:31:42,700 --> 02:31:44,059 Right, okay. 3224 02:31:44,059 --> 02:31:46,540 You mentioned that you were concerned about people 3225 02:31:46,540 --> 02:31:49,500 that would leave their car there for a couple hours 3226 02:31:49,500 --> 02:31:52,620 and then walk into your neighborhood. 3227 02:31:52,620 --> 02:31:53,940 Which street do you live on? 3228 02:31:53,940 --> 02:31:56,440 - I live on the corner of High Point and Saddleback. 3229 02:31:56,440 --> 02:31:58,620 So they would literally walk through the easement 3230 02:31:58,620 --> 02:31:59,979 behind our home. 3231 02:31:59,979 --> 02:32:02,459 And I went and spent seven and a half hours 3232 02:32:02,459 --> 02:32:05,700 since we've gotten this at both the Heritage Car Wash 3233 02:32:05,700 --> 02:32:08,940 at Colorado and 288 and the one that's right there 3234 02:32:08,940 --> 02:32:13,059 off of Giralt and Swisher to watch what traffic did, 3235 02:32:13,059 --> 02:32:14,780 to make sure that my complaint was valid 3236 02:32:14,780 --> 02:32:16,379 versus just a thought. 3237 02:32:16,379 --> 02:32:18,819 And I have watched these people leave their vehicles 3238 02:32:18,819 --> 02:32:20,500 while they're being done, 3239 02:32:20,500 --> 02:32:24,260 walking off to go to the shops that are near 3240 02:32:24,260 --> 02:32:25,180 and then coming back. 3241 02:32:25,180 --> 02:32:26,940 Well, there's no reason to think if it's happening 3242 02:32:26,940 --> 02:32:28,500 at both of these that it's not gonna happen 3243 02:32:28,500 --> 02:32:29,780 in our neighborhood as well. 3244 02:32:29,780 --> 02:32:32,700 - Okay, is there not, and I'm sorry, I'm asking, 3245 02:32:32,700 --> 02:32:36,180 I really don't know, but I thought there was a wall, 3246 02:32:36,180 --> 02:32:38,500 six or eight foot wall that's already there 3247 02:32:38,500 --> 02:32:40,379 that backed up to your property, no? 3248 02:32:40,379 --> 02:32:41,219 - No. - Oh. 3249 02:32:41,219 --> 02:32:42,540 - There is no wall there right now. 3250 02:32:42,540 --> 02:32:44,379 It is an open utility easement 3251 02:32:44,379 --> 02:32:47,100 and then this commercial property that is filled with trees 3252 02:32:47,100 --> 02:32:48,260 and things of the like. - Okay, okay. 3253 02:32:48,260 --> 02:32:49,659 Then I understand, thank you. 3254 02:32:51,979 --> 02:32:54,299 - Don't have any other questions. 3255 02:32:54,299 --> 02:32:56,500 Thank you very much for coming out this evening. 3256 02:32:58,500 --> 02:33:01,299 Next card I have is Tom Brandt, 3257 02:33:01,299 --> 02:33:03,260 wishing to speak in opposition. 3258 02:33:09,059 --> 02:33:10,420 - Hi, my name's Tom Brandt. 3259 02:33:10,420 --> 02:33:14,979 I reside at 6600 Haling Way in Denton, Texas. 3260 02:33:14,979 --> 02:33:19,979 Our property is on the southeast corner of Pine Hills 3261 02:33:19,979 --> 02:33:23,620 and intersects at 2499. 3262 02:33:23,620 --> 02:33:27,459 Everyone's discussing noise and how to prevent it. 3263 02:33:27,459 --> 02:33:30,379 We were provided when they built 2499 3264 02:33:30,379 --> 02:33:33,340 that the realtor forgot to tell us back in '02 3265 02:33:33,340 --> 02:33:35,659 that it's been planned since 1980. 3266 02:33:35,659 --> 02:33:40,299 So our wooded area in cul-de-sac is now 2499 3267 02:33:40,299 --> 02:33:45,299 and the intersection road on to 2499, being Pine Hills. 3268 02:33:45,340 --> 02:33:47,739 What happens is that sound wall stops. 3269 02:33:47,739 --> 02:33:48,700 It's got a hole in it. 3270 02:33:48,700 --> 02:33:52,059 Right next to my property is the intersection. 3271 02:33:52,059 --> 02:33:55,180 I can hear at all traffic, all the time, 3272 02:33:55,180 --> 02:33:58,819 a quarter mile in each direction from that road right now. 3273 02:33:58,819 --> 02:34:01,860 I can hear it coming down the road back and forth. 3274 02:34:02,819 --> 02:34:05,059 I can hear it coming down our street 3275 02:34:05,059 --> 02:34:07,020 because it's getting more traffic too, 3276 02:34:07,020 --> 02:34:11,100 which was a residential street with a community pool on it. 3277 02:34:11,100 --> 02:34:12,579 The community I'm referring to, 3278 02:34:12,579 --> 02:34:15,739 we actually live in, it's called Windstone 3279 02:34:15,739 --> 02:34:17,940 and it's part of Oakmont West 3280 02:34:17,940 --> 02:34:21,819 or West Oakmont area, kind of called there. 3281 02:34:21,819 --> 02:34:23,379 But that's the biggest thing. 3282 02:34:23,379 --> 02:34:26,700 And what happens, that particular, where the wall stops, 3283 02:34:26,700 --> 02:34:30,260 that sound resonates down from the road 3284 02:34:30,260 --> 02:34:32,940 all the way through our complete subdivision, 3285 02:34:32,940 --> 02:34:34,020 just about literally. 3286 02:34:34,020 --> 02:34:35,940 Several dozen homes are affected 3287 02:34:35,940 --> 02:34:38,739 by just basic street noise right now. 3288 02:34:38,739 --> 02:34:40,540 So that's not gonna diminish. 3289 02:34:40,540 --> 02:34:44,579 The company in question wants to propose, 3290 02:34:44,579 --> 02:34:46,139 already induces more noise 3291 02:34:46,139 --> 02:34:49,299 on top of attracting more noise as customers, 3292 02:34:49,299 --> 02:34:50,860 which is part of his business. 3293 02:34:50,860 --> 02:34:52,819 His business shouldn't be located 3294 02:34:52,819 --> 02:34:54,940 surrounded by a residential area. 3295 02:34:54,940 --> 02:34:58,420 It's surrounded on all two to three sides at least. 3296 02:34:58,420 --> 02:35:01,940 And it's not a place for that type of business 3297 02:35:01,940 --> 02:35:05,459 that induces more noise than you already got. 3298 02:35:05,459 --> 02:35:10,459 Traffic wise, danger wise from intersections 3299 02:35:10,459 --> 02:35:12,979 that corner of where you wanna propose, 3300 02:35:12,979 --> 02:35:14,899 I believe it's pretty close to it, 3301 02:35:14,899 --> 02:35:18,260 propose to go directly across from Pine Hills 3302 02:35:18,260 --> 02:35:23,260 is a limited vision, limited distance turn right now. 3303 02:35:23,700 --> 02:35:27,020 And cars are driving, I'm gonna call it a highway. 3304 02:35:27,020 --> 02:35:28,860 It's not a Texas community road. 3305 02:35:28,860 --> 02:35:29,680 It's a highway. 3306 02:35:29,680 --> 02:35:32,059 They're doing 50, 60 miles an hour on that road 3307 02:35:32,059 --> 02:35:33,739 in this area right now. 3308 02:35:33,739 --> 02:35:35,979 I don't know what it's like a mile down the road. 3309 02:35:35,979 --> 02:35:37,579 Maybe that wall helps. 3310 02:35:37,579 --> 02:35:41,219 Right now it's an elaborate privacy fence 3311 02:35:41,219 --> 02:35:42,340 as far as I'm concerned. 3312 02:35:42,340 --> 02:35:45,579 I like it, doesn't work, but I like it. 3313 02:35:45,579 --> 02:35:48,739 But it's an effort on the part of the tech side 3314 02:35:48,739 --> 02:35:49,920 to do their thing. 3315 02:35:49,920 --> 02:35:51,579 But in that particular environment 3316 02:35:51,579 --> 02:35:53,299 where this is being proposed, 3317 02:35:53,299 --> 02:35:55,500 it doesn't work, we don't want it. 3318 02:35:55,500 --> 02:35:58,340 You can put a professional buildings in, 3319 02:35:58,340 --> 02:35:59,659 you can build a park there. 3320 02:35:59,659 --> 02:36:01,020 That'd be a good idea. 3321 02:36:01,020 --> 02:36:04,020 But anything that doesn't induce, 3322 02:36:04,020 --> 02:36:05,739 we don't need a 7-Eleven. 3323 02:36:05,739 --> 02:36:09,059 We don't need, I can tell you what we don't need. 3324 02:36:09,059 --> 02:36:10,899 If you just put in some professional buildings 3325 02:36:10,899 --> 02:36:12,819 like you have in a probably neighborhoods, 3326 02:36:12,819 --> 02:36:15,500 there's several car washes on our neighborhood currently. 3327 02:36:15,500 --> 02:36:17,959 People from our neighborhood go to those car washes. 3328 02:36:17,959 --> 02:36:19,639 We don't want one across the street. 3329 02:36:19,639 --> 02:36:21,459 I don't think you would either. 3330 02:36:21,459 --> 02:36:24,780 So that's the main thing is mostly noise, 3331 02:36:24,780 --> 02:36:27,739 traffic and inconvenience to our residents 3332 02:36:27,739 --> 02:36:29,979 that bought property here. 3333 02:36:29,979 --> 02:36:31,899 We've been there since '02. 3334 02:36:31,899 --> 02:36:34,020 And this is what it's turned into. 3335 02:36:34,020 --> 02:36:36,620 So we're just trying to preserve what we've got left. 3336 02:36:39,299 --> 02:36:40,620 - I don't see any questions. 3337 02:36:40,620 --> 02:36:42,659 Thank you, sir, for coming out this evening. 3338 02:36:45,260 --> 02:36:46,100 Thank you. 3339 02:36:49,739 --> 02:36:54,659 Hector Lumelin, 6020 English Manor. 3340 02:36:54,659 --> 02:36:56,700 And opposition does wish to speak. 3341 02:36:56,700 --> 02:36:58,139 - Yes. 3342 02:36:58,139 --> 02:37:00,540 So I live along Teasley. 3343 02:37:00,540 --> 02:37:01,899 I back up to it. 3344 02:37:01,899 --> 02:37:04,399 And I've been living in Wheeler Ridge since 2008. 3345 02:37:04,399 --> 02:37:08,260 And I'm not too far down from his other car wash 3346 02:37:08,260 --> 02:37:10,540 that like David was talking about 3347 02:37:10,540 --> 02:37:13,840 with the noise from people just using their stereos 3348 02:37:13,840 --> 02:37:15,059 whenever they're using the car wash. 3349 02:37:15,059 --> 02:37:16,659 We're getting to see the nice neon lights 3350 02:37:16,659 --> 02:37:18,459 that are on at night. 3351 02:37:18,459 --> 02:37:19,940 We already have to deal with that with a doctor 3352 02:37:19,940 --> 02:37:21,180 that likes to send people to the ER 3353 02:37:21,180 --> 02:37:23,860 all the way over at the little hospital, 3354 02:37:23,860 --> 02:37:26,379 whatever quick hospital thing they have right there. 3355 02:37:26,379 --> 02:37:28,020 And I can't imagine the noise 3356 02:37:28,020 --> 02:37:29,420 that they're gonna have to deal with with that thing 3357 02:37:29,420 --> 02:37:31,299 shoehorned right in behind their neighborhood. 3358 02:37:31,299 --> 02:37:34,260 Sure, you guys can put up a three story building, 3359 02:37:34,260 --> 02:37:35,680 but that doesn't mean you should. 3360 02:37:35,680 --> 02:37:36,979 Just because it's been in the plans 3361 02:37:36,979 --> 02:37:38,579 doesn't mean it can't be changed. 3362 02:37:38,579 --> 02:37:41,420 This is something that literally is just shoehorned 3363 02:37:41,420 --> 02:37:43,760 in Wheeler Ridge. 3364 02:37:43,760 --> 02:37:45,700 It's not like, oh, it's a long sight. 3365 02:37:45,700 --> 02:37:48,139 It is crammed in there. 3366 02:37:48,139 --> 02:37:51,659 If this was Wheeler Ridge, this is the car wash. 3367 02:37:51,659 --> 02:37:52,940 I could understand if you were to put that 3368 02:37:52,940 --> 02:37:54,860 on the other side of 2499 3369 02:37:54,860 --> 02:37:56,500 when the plan was originally made 3370 02:37:56,500 --> 02:37:58,899 and then maybe not putting so many houses on Oakmont 3371 02:37:58,899 --> 02:38:00,420 so that way the curvature goes around it. 3372 02:38:00,420 --> 02:38:02,420 But in this case, it's really just kind of in there. 3373 02:38:02,420 --> 02:38:03,420 And I was under the impression 3374 02:38:03,420 --> 02:38:06,799 that maybe this was taken during the eminent domain grab 3375 02:38:06,799 --> 02:38:08,860 that they took from Wheeler Ridge years ago. 3376 02:38:08,860 --> 02:38:10,459 But I'm guessing you guys were saying, 3377 02:38:10,459 --> 02:38:12,959 Haley was saying that it was just recently 3378 02:38:12,959 --> 02:38:15,540 or not recently was put in place in the early 90s 3379 02:38:15,540 --> 02:38:17,540 or maybe back in the 80s even. 3380 02:38:17,540 --> 02:38:20,739 But I'm in favor of doing office buildings, 3381 02:38:20,739 --> 02:38:22,659 putting a rec center, putting a daycare, 3382 02:38:22,659 --> 02:38:25,860 putting any other item that isn't going to be 3383 02:38:25,860 --> 02:38:29,340 a seven to nine noise inducing facility, 3384 02:38:29,340 --> 02:38:31,659 a 30 foot tower that's going to be 3385 02:38:31,659 --> 02:38:34,059 another three feet higher than that. 3386 02:38:34,059 --> 02:38:35,020 Maybe just set it lower. 3387 02:38:35,020 --> 02:38:37,620 Is that part of the engineering aspect 3388 02:38:37,620 --> 02:38:39,260 of having water flow so that way the water 3389 02:38:39,260 --> 02:38:41,620 can have adequate pressure? 3390 02:38:41,620 --> 02:38:43,379 Otherwise, can it just be lower? 3391 02:38:43,379 --> 02:38:45,299 Do we need a 30 foot tower since people are gonna be 3392 02:38:45,299 --> 02:38:47,420 staring straight at it as they're driving 50 miles an hour 3393 02:38:47,420 --> 02:38:49,700 down 24.99? 3394 02:38:49,700 --> 02:38:51,680 I'm trying to understand the logic. 3395 02:38:51,680 --> 02:38:54,620 I understand the tax revenue that's involved with this. 3396 02:38:54,620 --> 02:38:57,500 But I can also see the option of possibly selling it back 3397 02:38:57,500 --> 02:39:02,379 to Wheeler Ridge HOA and having them develop it further. 3398 02:39:02,379 --> 02:39:03,459 You're talking about the walls. 3399 02:39:03,459 --> 02:39:05,459 The walls, they're not gonna do much. 3400 02:39:05,459 --> 02:39:07,459 This is literally, what? 3401 02:39:07,459 --> 02:39:10,680 It's gonna be like 20 feet from her fence line? 3402 02:39:12,260 --> 02:39:14,979 Do you want a car wash 20 feet from your house? 3403 02:39:14,979 --> 02:39:16,540 I imagine you wouldn't. 3404 02:39:16,540 --> 02:39:18,739 I don't think any of you would. 3405 02:39:18,739 --> 02:39:21,100 Sure, she should have probably bothered the city 3406 02:39:21,100 --> 02:39:22,860 to get more information on her plans. 3407 02:39:22,860 --> 02:39:25,620 And granted, we're starting to look a little bit 3408 02:39:25,620 --> 02:39:27,920 like Lewisville along Main Street where they like to shove 3409 02:39:27,920 --> 02:39:28,079 in 3410 02:39:28,079 --> 02:39:29,739 every little business that they can 3411 02:39:29,739 --> 02:39:31,620 right next to the neighborhoods. 3412 02:39:31,620 --> 02:39:33,379 But is that really what we're going for? 3413 02:39:33,379 --> 02:39:36,020 Is there not enough space that we could put another car 3414 02:39:36,020 --> 02:39:36,360 wash 3415 02:39:36,360 --> 02:39:37,579 just a little bit further down? 3416 02:39:37,579 --> 02:39:39,399 I know there's areas that are developing 3417 02:39:39,399 --> 02:39:41,620 next to a large pond that's further down 24.9 3418 02:39:41,620 --> 02:39:43,940 that they could put something that isn't going to be 3419 02:39:43,940 --> 02:39:46,260 smashed right into a neighborhood. 3420 02:39:46,260 --> 02:39:48,579 But right here, it's just going to, like she said, 3421 02:39:48,579 --> 02:39:50,340 we've got traffic problems through there already. 3422 02:39:50,340 --> 02:39:51,540 We've addressed it with the city. 3423 02:39:51,540 --> 02:39:53,219 City won't put in speed bumps. 3424 02:39:53,219 --> 02:39:55,540 We had to, the HOA had to install 3425 02:39:55,540 --> 02:39:57,659 our own little speedometer signs. 3426 02:39:57,659 --> 02:40:02,659 So what are you guys doing to maintain our property values? 3427 02:40:03,139 --> 02:40:05,219 Because that's a good chunk of tax revenue 3428 02:40:05,219 --> 02:40:06,139 that you're getting. 3429 02:40:06,139 --> 02:40:07,639 Sure, we could just go ahead and rent it. 3430 02:40:07,639 --> 02:40:09,100 You guys will still get your tax revenue. 3431 02:40:09,100 --> 02:40:12,440 But now the neighborhood's gonna decrease in quality. 3432 02:40:12,440 --> 02:40:15,219 And it's just going to be, we've got Kroger. 3433 02:40:15,219 --> 02:40:16,579 We've got the other car wash. 3434 02:40:16,579 --> 02:40:17,700 We've got a storage facility. 3435 02:40:17,700 --> 02:40:19,700 We've got that minor emergency. 3436 02:40:19,700 --> 02:40:21,219 We've got a church. 3437 02:40:21,219 --> 02:40:22,420 We've got a mechanic. 3438 02:40:22,420 --> 02:40:24,420 All this, Teasley and 24.99, 3439 02:40:24,420 --> 02:40:29,139 weren't already sandwiched in, surrounded by commercial. 3440 02:40:29,139 --> 02:40:33,979 So I'd like to see just a little bit less commercial 3441 02:40:33,979 --> 02:40:36,500 crammed into every corner around my neighborhood 3442 02:40:36,500 --> 02:40:38,500 so that we maybe we could enjoy it a little bit more. 3443 02:40:38,500 --> 02:40:40,219 Because as it is, I already got sirens 3444 02:40:40,219 --> 02:40:41,860 and everything else going down my street 3445 02:40:41,860 --> 02:40:43,500 four or five times a day 3446 02:40:43,500 --> 02:40:46,540 just because that doctor can't handle people that come in. 3447 02:40:47,940 --> 02:40:48,979 Any questions? 3448 02:40:50,180 --> 02:40:51,500 Yeah. 3449 02:40:51,500 --> 02:40:52,340 - Thank you. 3450 02:40:54,979 --> 02:40:59,139 The next card we have is Otto Hanneman, 3451 02:40:59,139 --> 02:41:03,180 6500 Coral or Coeur d'Alene. 3452 02:41:04,659 --> 02:41:09,659 In opposition, says the debt, do not wish to speak. 3453 02:41:10,340 --> 02:41:11,459 - I'll stop when I speak. 3454 02:41:11,459 --> 02:41:12,299 - Okay. 3455 02:41:13,500 --> 02:41:14,340 - Okay. 3456 02:41:20,420 --> 02:41:23,780 - The name is Otto Hanneman and it's 6500 Coral Lane. 3457 02:41:23,780 --> 02:41:24,620 - Coral. 3458 02:41:24,620 --> 02:41:26,500 - In fact, the other day they sent the mail in 3459 02:41:26,500 --> 02:41:27,700 from somewhere else, sent it back. 3460 02:41:27,700 --> 02:41:29,579 So it's a long story. 3461 02:41:29,579 --> 02:41:33,860 My neighbors have made some good points about the traffic, 3462 02:41:33,860 --> 02:41:35,899 the decrease in home value. 3463 02:41:35,899 --> 02:41:38,420 I think there's too many things going on, 3464 02:41:38,420 --> 02:41:40,659 squeezing our neighborhood in. 3465 02:41:40,659 --> 02:41:43,940 There's about 700 homes or so in that neighborhood. 3466 02:41:43,940 --> 02:41:48,940 And I think a lot of the neighborhood, 3467 02:41:49,059 --> 02:41:51,100 a little history was built, 3468 02:41:51,100 --> 02:41:52,340 my house was built in 2008, 3469 02:41:52,340 --> 02:41:54,459 right when the economy was crashing. 3470 02:41:54,459 --> 02:41:59,459 And so a lot of the original owners went into foreclosure, 3471 02:41:59,459 --> 02:42:02,819 investors bought it and turned it into rental homes. 3472 02:42:02,819 --> 02:42:07,579 I think we're finally getting residents to buy the homes 3473 02:42:07,579 --> 02:42:11,340 and to stay there and to enhance the homes 3474 02:42:11,340 --> 02:42:12,500 in the neighborhood. 3475 02:42:12,500 --> 02:42:15,899 And I think this, I wish Joshua the best. 3476 02:42:15,899 --> 02:42:17,540 I just wish it somewhere else. 3477 02:42:17,540 --> 02:42:19,180 Let's move him somewhere else, 3478 02:42:19,180 --> 02:42:21,739 have him make a lot of money and pay a lot of taxes 3479 02:42:21,739 --> 02:42:23,979 so our taxes can be decreased, 3480 02:42:23,979 --> 02:42:25,819 but not in our neighborhood. 3481 02:42:25,819 --> 02:42:27,420 That's the thing. 3482 02:42:27,420 --> 02:42:29,500 I'm trying to look for a win-win here. 3483 02:42:29,500 --> 02:42:32,659 I think you're gonna pick him or you're gonna pick us. 3484 02:42:32,659 --> 02:42:34,180 And I would like to have a win-win, 3485 02:42:34,180 --> 02:42:35,579 but I don't know how to do that. 3486 02:42:35,579 --> 02:42:38,700 So on that note, I'll go ahead and stop. 3487 02:42:38,700 --> 02:42:39,860 Thank you. 3488 02:42:39,860 --> 02:42:40,700 - Thank you for coming. 3489 02:42:40,700 --> 02:42:42,139 I do have a question for you. 3490 02:42:42,139 --> 02:42:43,059 - I do have a question. 3491 02:42:43,059 --> 02:42:44,219 - Commissioner Sanchez. 3492 02:42:44,219 --> 02:42:45,260 - Yes, sir. 3493 02:42:45,260 --> 02:42:47,139 - Several people have raised the issue 3494 02:42:47,139 --> 02:42:48,979 about a lot of renters, 3495 02:42:48,979 --> 02:42:51,379 and you just kind of clarified stuff for us, 3496 02:42:51,379 --> 02:42:54,219 is that when the crash came, 3497 02:42:54,219 --> 02:42:56,459 a lot of people ended up losing their home 3498 02:42:56,459 --> 02:42:58,139 and investors bought it. 3499 02:42:58,139 --> 02:43:02,459 So it's not the result of having this commercial property 3500 02:43:02,459 --> 02:43:03,379 there or anything. 3501 02:43:03,379 --> 02:43:05,979 It was caused by the economy. 3502 02:43:05,979 --> 02:43:07,899 We have to look at issues in your neighborhood 3503 02:43:07,899 --> 02:43:11,299 based on what happened and not try to blame somebody else. 3504 02:43:11,299 --> 02:43:14,260 That's kind of what it kind of turning into blaming 3505 02:43:14,260 --> 02:43:16,420 this individual trying to build here 3506 02:43:16,420 --> 02:43:20,059 for having a lot of rental property there. 3507 02:43:20,059 --> 02:43:23,059 But that had to do with the economy. 3508 02:43:23,059 --> 02:43:25,739 So I just wanted to make that a statement. 3509 02:43:25,739 --> 02:43:26,579 - May I make a comment? 3510 02:43:26,579 --> 02:43:27,899 - Yeah, sure. 3511 02:43:27,899 --> 02:43:30,420 - That may be true, but by having this car wash there, 3512 02:43:30,420 --> 02:43:33,340 it's gonna decrease home values in certain ways. 3513 02:43:33,340 --> 02:43:34,979 I don't know about my other neighbors, 3514 02:43:34,979 --> 02:43:37,079 but I've been going around with the HOA about certain 3515 02:43:37,079 --> 02:43:37,379 things 3516 02:43:37,379 --> 02:43:41,340 that they're making decisions about letting renters 3517 02:43:41,340 --> 02:43:42,780 really destroy properties, 3518 02:43:42,780 --> 02:43:45,299 which decreases the value of everybody's home 3519 02:43:45,299 --> 02:43:46,579 in our neighborhood. 3520 02:43:46,579 --> 02:43:48,180 I think the addition of this car wash 3521 02:43:48,180 --> 02:43:50,579 in the present location will do the same thing, 3522 02:43:50,579 --> 02:43:53,059 especially for the people that live right around it. 3523 02:43:53,059 --> 02:43:53,979 I don't live near it, 3524 02:43:53,979 --> 02:43:56,020 but I'm gonna be seeing the lights from that thing 3525 02:43:56,020 --> 02:43:57,219 from my house. 3526 02:43:57,219 --> 02:43:58,780 I can sit out at night 3527 02:43:58,780 --> 02:44:01,540 and look around a lot of the neighborhood from it, 3528 02:44:01,540 --> 02:44:03,299 and I'm gonna be able to see the lights from that 3529 02:44:03,299 --> 02:44:04,139 at night. 3530 02:44:04,139 --> 02:44:05,700 I'll probably be able to hear the noise from it 3531 02:44:05,700 --> 02:44:06,860 during the day. 3532 02:44:06,860 --> 02:44:08,819 And they say only seven to nine. 3533 02:44:08,819 --> 02:44:10,620 That's a long time during the day. 3534 02:44:10,620 --> 02:44:13,299 Kids are trying to take naps during the day 3535 02:44:13,299 --> 02:44:14,819 and in the afternoon for that. 3536 02:44:14,819 --> 02:44:17,100 And I think it's, you know, like I said, 3537 02:44:17,100 --> 02:44:19,139 I wish him the best somewhere else. 3538 02:44:19,139 --> 02:44:20,780 I don't think it should be in our neighborhood, 3539 02:44:20,780 --> 02:44:22,899 right next to our neighborhood like it is. 3540 02:44:22,899 --> 02:44:26,579 I'd like to see it turn into a green park or something. 3541 02:44:26,579 --> 02:44:29,219 If it has to go commercial, have it something 3542 02:44:29,219 --> 02:44:31,540 that's not an activity like that, 3543 02:44:31,540 --> 02:44:35,059 that generates a lot of noise, of trash, 3544 02:44:35,059 --> 02:44:37,299 potential people that come in there 3545 02:44:37,299 --> 02:44:39,979 to increase the crime in our neighborhood. 3546 02:44:39,979 --> 02:44:40,979 I hadn't even thought about that 3547 02:44:40,979 --> 02:44:42,819 till the lady mentioned it. 3548 02:44:42,819 --> 02:44:45,579 That we'll have more people going through the neighborhood, 3549 02:44:45,579 --> 02:44:47,579 more vandalism and theft also. 3550 02:44:47,579 --> 02:44:50,100 So again, I wish Joshua the best. 3551 02:44:50,100 --> 02:44:51,899 I wish we could find a win-win here. 3552 02:44:51,899 --> 02:44:54,860 If you could say, let's move them over here, 3553 02:44:54,860 --> 02:44:56,540 this will be a great location, 3554 02:44:56,540 --> 02:44:57,899 I'd say let's do that. 3555 02:44:58,940 --> 02:45:02,299 But I think it's gonna decrease the values of the homes 3556 02:45:02,299 --> 02:45:05,100 right next to it in some form or fashion. 3557 02:45:07,540 --> 02:45:08,500 Thank you for listening. 3558 02:45:08,500 --> 02:45:10,700 - Thank you for coming out this evening, sir. 3559 02:45:12,100 --> 02:45:16,459 Next card I have is Greg Johnson in support. 3560 02:45:16,459 --> 02:45:17,620 I wish to speak. 3561 02:45:26,340 --> 02:45:28,579 - Thank you, Greg Johnson, 319 West Oak, 3562 02:45:28,579 --> 02:45:29,780 here in Denton. 3563 02:45:29,780 --> 02:45:31,340 Thank you all for your service. 3564 02:45:32,500 --> 02:45:34,500 So I get it. 3565 02:45:34,500 --> 02:45:36,780 I've never been to any one of these 3566 02:45:36,780 --> 02:45:39,700 where people didn't want something built behind them. 3567 02:45:41,739 --> 02:45:44,940 There's about to be self storage built behind my house. 3568 02:45:44,940 --> 02:45:46,379 Am I excited about it? 3569 02:45:46,379 --> 02:45:49,780 No, but it's not my property. 3570 02:45:49,780 --> 02:45:52,819 And so I think it's important, so I get it. 3571 02:45:52,819 --> 02:45:55,180 I get the concerns of everybody here 3572 02:45:55,180 --> 02:45:57,579 and you guys hear this a lot 3573 02:45:57,579 --> 02:45:59,059 when commercial property is being developed 3574 02:45:59,059 --> 02:46:02,860 because a residence has been able to enjoy a free view 3575 02:46:02,860 --> 02:46:06,659 of somebody's beautiful, treed field for a long time. 3576 02:46:06,659 --> 02:46:09,780 And so I get it and I don't make anybody wrong 3577 02:46:09,780 --> 02:46:11,579 for coming in voicing their concerns 3578 02:46:11,579 --> 02:46:13,819 or not wanting it there because let's face it, 3579 02:46:13,819 --> 02:46:16,260 if it was your house, you wouldn't want it either. 3580 02:46:16,260 --> 02:46:19,020 The question really is, do they have a right to say 3581 02:46:19,020 --> 02:46:20,340 whether it should be there or not? 3582 02:46:20,340 --> 02:46:22,940 And so I just wanted to kind of say, 3583 02:46:22,940 --> 02:46:25,780 I think it's important to kind of hit the reset button 3584 02:46:25,780 --> 02:46:28,700 and remember what is before you tonight 3585 02:46:28,700 --> 02:46:29,899 and why you're here, right? 3586 02:46:29,899 --> 02:46:32,500 So it's in a PD, it's allowed to be built there 3587 02:46:32,500 --> 02:46:34,340 by writing the PD. 3588 02:46:34,340 --> 02:46:37,420 There's already a car wash owned by the same gentleman 3589 02:46:37,420 --> 02:46:39,299 in the same PD. 3590 02:46:39,299 --> 02:46:43,479 And so the process of course is to approve the detailed 3591 02:46:43,479 --> 02:46:43,899 plan, 3592 02:46:43,899 --> 02:46:48,180 which is everything at Teasley and Robinson Road, 3593 02:46:48,180 --> 02:46:52,260 the 7-Eleven, his car wash, O'Reilly Auto Parts, all those, 3594 02:46:52,260 --> 02:46:54,780 all went through this process. 3595 02:46:54,780 --> 02:46:56,020 None with a neighborhood meeting 3596 02:46:56,020 --> 02:46:58,020 and none with cards sent out 3597 02:46:58,020 --> 02:47:01,700 because it's a procedural process. 3598 02:47:03,100 --> 02:47:05,340 Larry, I think you bring up a good point, 3599 02:47:05,340 --> 02:47:08,180 which is maybe we should have neighborhood meeting 3600 02:47:08,180 --> 02:47:10,500 requirements for certain things. 3601 02:47:10,500 --> 02:47:12,340 But I think the question really is, 3602 02:47:12,340 --> 02:47:13,379 do you guys wanna be sending out 3603 02:47:13,379 --> 02:47:16,079 a neighborhood meeting requirement 3604 02:47:16,079 --> 02:47:17,659 every time something's getting built? 3605 02:47:17,659 --> 02:47:20,100 There's no zoning request change, there's no SUP, 3606 02:47:20,100 --> 02:47:23,340 so that's one of those things. 3607 02:47:24,739 --> 02:47:29,739 So what's before you is to approve the detailed plan. 3608 02:47:30,020 --> 02:47:33,040 And so long as the site plan conforms 3609 02:47:33,040 --> 02:47:35,180 and it meets the code requirements for the PD 3610 02:47:35,180 --> 02:47:37,739 and if the PD is silent to it, 3611 02:47:37,739 --> 02:47:39,239 then you point to the current code, 3612 02:47:39,239 --> 02:47:41,420 like the trees and so on. 3613 02:47:43,340 --> 02:47:44,540 Some of the things I've heard tonight 3614 02:47:44,540 --> 02:47:47,219 were, has my realtor told me this or that? 3615 02:47:47,219 --> 02:47:48,500 Well, that's not on this gentleman, 3616 02:47:48,500 --> 02:47:50,940 that's on the realtor that might have lied 3617 02:47:50,940 --> 02:47:52,500 to somebody to make a fee. 3618 02:47:52,500 --> 02:47:55,500 And you should report him to the real estate commission. 3619 02:47:55,500 --> 02:47:58,219 Pine Hills on the east side is a drag strip. 3620 02:47:58,219 --> 02:48:00,540 That's on the east side, this is on the west side, 3621 02:48:00,540 --> 02:48:03,180 people are gonna turn into this car wash from 2499 3622 02:48:03,180 --> 02:48:04,819 and get back out on 2499. 3623 02:48:04,819 --> 02:48:06,680 (audience member speaking) 3624 02:48:06,680 --> 02:48:08,659 I don't wanna look at it, again, I get it. 3625 02:48:08,659 --> 02:48:09,780 I don't wanna look at the storage 3626 02:48:09,780 --> 02:48:10,899 that's getting built behind my house, 3627 02:48:10,899 --> 02:48:13,100 but the gentleman has a right to build it there. 3628 02:48:15,260 --> 02:48:16,459 It's gonna increase traffic. 3629 02:48:16,459 --> 02:48:19,020 Well, it's 2499, I mean, it's a six lane 3630 02:48:19,020 --> 02:48:21,540 major text dot thoroughfare, 3631 02:48:21,540 --> 02:48:23,379 and things are gonna get built there. 3632 02:48:24,299 --> 02:48:26,819 I don't want commercial in my neighborhood. 3633 02:48:26,819 --> 02:48:29,379 Well, it's not in the neighborhood, it's on 2499. 3634 02:48:34,899 --> 02:48:37,020 We don't want commercial in that area. 3635 02:48:37,020 --> 02:48:38,620 Well, if you go down to Flyer Mound 3636 02:48:38,620 --> 02:48:40,200 and drive through Flyer Mound, 3637 02:48:40,200 --> 02:48:43,059 look how Flyer Mound developed along 2499. 3638 02:48:43,059 --> 02:48:44,700 All the residential was built first, 3639 02:48:44,700 --> 02:48:45,780 that's how it goes, right? 3640 02:48:45,780 --> 02:48:47,819 Residential happens first, then the services 3641 02:48:47,819 --> 02:48:49,860 for the residential happen second. 3642 02:48:49,860 --> 02:48:52,739 You've got commercial uses all the way down 2499 3643 02:48:52,739 --> 02:48:55,020 in Flyer Mound, backing up to neighborhoods 3644 02:48:55,020 --> 02:48:56,940 separated by masonry screen walls. 3645 02:48:58,860 --> 02:49:03,020 I think this gentleman has, he's actually offered 3646 02:49:03,020 --> 02:49:05,700 to do more than what the PD requires. 3647 02:49:05,700 --> 02:49:07,180 He's gonna build the screen wall 3648 02:49:07,180 --> 02:49:08,420 on the other side of the trees, 3649 02:49:08,420 --> 02:49:12,479 so the trees are preserved, and he didn't have to do that. 3650 02:49:12,479 --> 02:49:15,379 It actually creates more yard for those folks behind him. 3651 02:49:17,459 --> 02:49:21,540 And he's, in my opinion, offered to do things 3652 02:49:21,540 --> 02:49:22,579 to mitigate the noise. 3653 02:49:22,579 --> 02:49:24,940 He builds his vacuums inside the building, 3654 02:49:24,940 --> 02:49:26,799 whereas some of these other car washes, 3655 02:49:26,799 --> 02:49:28,340 they're in an outbuilding. 3656 02:49:28,340 --> 02:49:30,379 I use his car wash on Teasley all the time. 3657 02:49:30,379 --> 02:49:32,180 It's not loud when you're standing outside, 3658 02:49:32,180 --> 02:49:33,059 you can't hear the vacuums. 3659 02:49:33,059 --> 02:49:34,940 And so while you've heard people 3660 02:49:34,940 --> 02:49:37,420 that don't want the car wash there, I get it, 3661 02:49:37,420 --> 02:49:40,379 but it meets all the requirements of the PD and the code. 3662 02:49:41,459 --> 02:49:42,979 The staff has recommended approval, 3663 02:49:42,979 --> 02:49:44,659 and I would ask you to do the same. 3664 02:49:44,659 --> 02:49:45,500 Thank you. 3665 02:49:45,500 --> 02:49:46,340 - Any questions? 3666 02:49:48,139 --> 02:49:50,940 - Thank you for coming out and speaking this evening. 3667 02:49:50,940 --> 02:49:53,180 - If I could say something real quick. 3668 02:49:53,180 --> 02:49:54,420 - Just a second. 3669 02:49:54,420 --> 02:49:56,420 That's all the cards that we have. 3670 02:49:56,420 --> 02:49:58,420 This is a public hearing. 3671 02:49:58,420 --> 02:50:02,139 Anyone who hasn't spoken yet is welcome to come down 3672 02:50:02,139 --> 02:50:04,899 at this time and give your comments 3673 02:50:04,899 --> 02:50:07,979 or any of your feedback that you'd like to. 3674 02:50:07,979 --> 02:50:09,139 It is a public hearing. 3675 02:50:10,420 --> 02:50:12,940 Anyone else wishing to speak on this item? 3676 02:50:15,100 --> 02:50:17,020 Okay, Commissioner Begg. 3677 02:50:17,020 --> 02:50:17,860 - Thank you, Chair. 3678 02:50:17,860 --> 02:50:19,219 I believe the gentleman, Hector, 3679 02:50:19,219 --> 02:50:22,059 had a question he didn't get a chance to ask, 3680 02:50:22,059 --> 02:50:24,139 and I'd like to ask him to come down and ask that now. 3681 02:50:24,139 --> 02:50:25,139 - Please come forward. 3682 02:50:26,899 --> 02:50:29,379 Do you have a question for him, Commissioner Begg? 3683 02:50:29,379 --> 02:50:30,940 - No, I believe he had a question 3684 02:50:30,940 --> 02:50:31,780 that he didn't get solved last time. 3685 02:50:31,780 --> 02:50:34,819 - Regarding the not having the meeting 3686 02:50:34,819 --> 02:50:36,819 for whenever the car wash was built previously, 3687 02:50:36,819 --> 02:50:38,299 we did have a meeting, 3688 02:50:38,299 --> 02:50:40,819 'cause again, I've been living there for a while. 3689 02:50:40,819 --> 02:50:43,340 It was actually the storage group 3690 02:50:43,340 --> 02:50:45,260 that came and met with the HOA 3691 02:50:45,260 --> 02:50:47,180 and had the community come out and voice their concerns. 3692 02:50:47,180 --> 02:50:50,940 There was a road that goes right to it, 3693 02:50:50,940 --> 02:50:53,020 and they were wanting to go ahead 3694 02:50:53,020 --> 02:50:55,260 and open up that road into the storage community 3695 02:50:55,260 --> 02:51:00,260 to try to promote, let's see, it's Lost Pony Drive. 3696 02:51:00,819 --> 02:51:03,579 They were trying to promote accessibility 3697 02:51:03,579 --> 02:51:06,020 from the neighborhood into the storage area, 3698 02:51:06,020 --> 02:51:08,819 but we were all very much in the neighborhood against that 3699 02:51:08,819 --> 02:51:11,139 because it would, again, increase traffic, 3700 02:51:11,139 --> 02:51:14,180 and I'm not too concerned about traffic on 2499. 3701 02:51:15,340 --> 02:51:18,940 People are gonna get in wrecks because of the planning, 3702 02:51:18,940 --> 02:51:20,940 but that's gonna be how it is, 3703 02:51:20,940 --> 02:51:22,819 but my concern is the traffic of, 3704 02:51:22,819 --> 02:51:26,100 and I think, Rose, her concern about traffic 3705 02:51:26,100 --> 02:51:28,139 is the traffic that goes through our neighborhoods 3706 02:51:28,139 --> 02:51:29,139 of people trying to cut through. 3707 02:51:29,139 --> 02:51:31,340 I was just looking at the Denton crime map, 3708 02:51:31,340 --> 02:51:33,020 and one of the houses that backs up 3709 02:51:33,020 --> 02:51:36,420 right over towards the storage area in the car wash 3710 02:51:36,420 --> 02:51:38,420 has a theft marker on it. 3711 02:51:38,420 --> 02:51:40,979 There's a theft marker right there at 7-Eleven, 3712 02:51:40,979 --> 02:51:42,940 so it's gonna increase crime. 3713 02:51:42,940 --> 02:51:44,579 Those are just from 2018. 3714 02:51:44,579 --> 02:51:45,940 I didn't feel like trying to dig around 3715 02:51:45,940 --> 02:51:47,059 and see how much further we can go, 3716 02:51:47,059 --> 02:51:50,059 but there's the concerns about the noise, 3717 02:51:50,059 --> 02:51:51,819 the concerns about the traffic. 3718 02:51:51,819 --> 02:51:54,700 Those are still very much valid concerns, 3719 02:51:54,700 --> 02:51:57,739 and I believe Haley was saying that the map, 3720 02:51:57,739 --> 02:52:01,219 the building of the noise barriers and all that 3721 02:52:01,219 --> 02:52:03,100 was going to be the adjacent properties, 3722 02:52:03,100 --> 02:52:04,459 but not so much addressing the ones 3723 02:52:04,459 --> 02:52:06,059 across the street from it, right? 3724 02:52:08,899 --> 02:52:12,340 So if they're living on pine hills, 3725 02:52:12,340 --> 02:52:15,420 they're just gonna get a great view of this new car wash. 3726 02:52:16,420 --> 02:52:17,260 Go ahead. 3727 02:52:23,860 --> 02:52:26,899 - The only wall will be on the south side of the building, 3728 02:52:26,899 --> 02:52:28,379 just north of that existing tree line. 3729 02:52:28,379 --> 02:52:30,379 There is no wall proposed on 2499 3730 02:52:30,379 --> 02:52:32,180 or on the backside of the property. 3731 02:52:32,180 --> 02:52:36,219 - Okay, so Ray, you're gonna get a great earful 3732 02:52:36,219 --> 02:52:38,819 living on that north side over there by Thoroughbred. 3733 02:52:40,299 --> 02:52:43,260 That's what, like a couple hundred yards away, maybe? 3734 02:52:47,340 --> 02:52:48,180 200 feet? 3735 02:52:50,180 --> 02:52:52,819 So 175 feet away. 3736 02:52:52,819 --> 02:52:55,180 I'm sure the noise will stop before then, though. 3737 02:52:55,180 --> 02:52:56,020 Right. 3738 02:52:57,940 --> 02:52:58,860 - Do you have a question for you? 3739 02:52:58,860 --> 02:52:59,780 Commissioner Beck. 3740 02:53:00,700 --> 02:53:01,940 - Hector, I understand your concerns. 3741 02:53:01,940 --> 02:53:02,780 I really do. 3742 02:53:02,780 --> 02:53:03,620 I'm empathetic. 3743 02:53:03,620 --> 02:53:05,020 Everybody's concerned that this thing 3744 02:53:05,020 --> 02:53:07,540 is gonna be more negative than positive. 3745 02:53:07,540 --> 02:53:09,579 I understand that, but you made a couple of comments 3746 02:53:09,579 --> 02:53:12,940 about crime being increased and indicating 3747 02:53:12,940 --> 02:53:15,540 that this is directly gonna impact that. 3748 02:53:15,540 --> 02:53:17,899 What tends to impact crime from what I've seen 3749 02:53:17,899 --> 02:53:19,979 is when population growth occurs, 3750 02:53:19,979 --> 02:53:22,340 and you have to accommodate that population growth. 3751 02:53:22,340 --> 02:53:23,420 Crime's gonna happen. 3752 02:53:23,420 --> 02:53:25,819 It's gonna happen less where there's fewer people. 3753 02:53:25,819 --> 02:53:27,860 It's gonna happen more often when there's more people. 3754 02:53:27,860 --> 02:53:28,899 That's gonna be a part of that. 3755 02:53:28,899 --> 02:53:32,780 It's kind of unfair to go after this particular vendor 3756 02:53:32,780 --> 02:53:36,860 and assess that your crime situation is gonna increase 3757 02:53:36,860 --> 02:53:38,020 I don't know how many fold because of that. 3758 02:53:38,020 --> 02:53:40,379 - Great, crime is gonna increase because of an increase. 3759 02:53:40,379 --> 02:53:41,819 - Crime can also be controlled 3760 02:53:41,819 --> 02:53:43,819 with neighborhood watch programs and everything. 3761 02:53:43,819 --> 02:53:45,700 That's something that if you're concerned about, 3762 02:53:45,700 --> 02:53:47,219 that should be a consideration. 3763 02:53:47,219 --> 02:53:48,379 - Right, but the city has-- - And the city of Denton 3764 02:53:48,379 --> 02:53:51,059 has programs, city of Man, please, 3765 02:53:51,059 --> 02:53:53,739 city of Denton has programs 3766 02:53:53,739 --> 02:53:56,100 that help neighborhoods form these. 3767 02:53:56,100 --> 02:53:57,500 And I would strongly recommend 3768 02:53:57,500 --> 02:53:58,659 that you get involved with that, too. 3769 02:53:58,659 --> 02:54:01,979 But again, I'm not unsympathetic to your concerns here. 3770 02:54:01,979 --> 02:54:05,299 I'm just saying, you're putting this owner 3771 02:54:05,299 --> 02:54:07,780 in a position that seems a little unfair 3772 02:54:07,780 --> 02:54:10,459 and weighs a little bit too heavily on him, 3773 02:54:10,459 --> 02:54:12,379 even though it may not seem like it. 3774 02:54:12,379 --> 02:54:15,139 So the other thing-- - Well, alternate businesses 3775 02:54:15,139 --> 02:54:18,739 would generate a more regular group of people 3776 02:54:18,739 --> 02:54:21,659 that were to come versus a car wash generates 3777 02:54:21,659 --> 02:54:23,780 more random, sporadic individuals. 3778 02:54:23,780 --> 02:54:25,260 And like you said, increasing population, 3779 02:54:25,260 --> 02:54:27,379 increasing crime, your increasing population 3780 02:54:27,379 --> 02:54:29,059 into this area that's gonna be elevated enough 3781 02:54:29,059 --> 02:54:30,819 to where people, I'm not sure if they'll be able 3782 02:54:30,819 --> 02:54:32,700 to see over the wall in other funds, 3783 02:54:32,700 --> 02:54:33,540 but they'll certainly be able to see over the wall. 3784 02:54:33,540 --> 02:54:35,620 - So you want us to shove it to another area 3785 02:54:35,620 --> 02:54:36,659 where they have to deal with it? 3786 02:54:36,659 --> 02:54:37,659 It's gonna happen. 3787 02:54:37,659 --> 02:54:38,659 - Well, there's places, right? 3788 02:54:38,659 --> 02:54:40,819 I mean, I don't know if I can use this. 3789 02:54:40,819 --> 02:54:42,379 - Well, and I don't wanna get-- 3790 02:54:42,379 --> 02:54:43,780 - Pull up a map and show you. 3791 02:54:43,780 --> 02:54:45,500 - Hector, I don't wanna get any spitting match with you. 3792 02:54:45,500 --> 02:54:47,860 I'm just saying that there's certain circumstances 3793 02:54:47,860 --> 02:54:52,059 that a developer can't control, PNZ can't control. 3794 02:54:52,059 --> 02:54:55,540 - Well, it can't be controlled if we change the business 3795 02:54:55,540 --> 02:54:56,379 that's gonna be put in there. 3796 02:54:56,379 --> 02:54:57,819 - But we don't have that authority here. 3797 02:54:57,819 --> 02:54:59,180 I think there's the understanding, 3798 02:54:59,180 --> 02:55:01,979 there's a feeling that PNZ can make that kind of change, 3799 02:55:01,979 --> 02:55:03,459 and we don't have that authority. 3800 02:55:03,459 --> 02:55:04,700 This is a plan development. 3801 02:55:04,700 --> 02:55:05,659 This went before the city. 3802 02:55:05,659 --> 02:55:07,020 This thing's law. 3803 02:55:07,020 --> 02:55:09,979 As long as they build it, they have the right to build 3804 02:55:09,979 --> 02:55:12,100 as long as they meet certain specifications. 3805 02:55:12,100 --> 02:55:14,700 What I've seen, they've done that, and then some too. 3806 02:55:14,700 --> 02:55:18,979 And I realize that it's still unnerving to you, 3807 02:55:18,979 --> 02:55:21,420 but our hands are gonna be tied too, 3808 02:55:21,420 --> 02:55:23,159 as much as we'd like to help you. 3809 02:55:23,159 --> 02:55:25,459 We can't just say, we can't just turn it off. 3810 02:55:26,659 --> 02:55:27,620 - All right. - Okay? 3811 02:55:29,620 --> 02:55:30,459 Thank you, sir. 3812 02:55:32,260 --> 02:55:33,620 - This is a public hearing, 3813 02:55:33,620 --> 02:55:37,059 and I don't have any more cards. 3814 02:55:37,059 --> 02:55:39,340 Anyone else who hasn't already spoken 3815 02:55:39,340 --> 02:55:42,979 that would like to speak, please come forward at this time. 3816 02:55:42,979 --> 02:55:45,079 And if any commissioner has a question 3817 02:55:45,079 --> 02:55:48,500 for a particular person who has spoken, 3818 02:55:48,500 --> 02:55:50,860 you're free to address the chair, 3819 02:55:50,860 --> 02:55:52,739 and I'll be happy to recognize them. 3820 02:55:52,739 --> 02:55:55,139 Commissioner Sanchez, do you have a question? 3821 02:55:55,139 --> 02:55:56,540 - Several of the people have mentioned 3822 02:55:56,540 --> 02:55:58,819 about the 30-foot tower. 3823 02:55:58,819 --> 02:56:00,979 Would you consider anything about the, 3824 02:56:00,979 --> 02:56:02,700 is that part of the design, 3825 02:56:02,700 --> 02:56:04,299 and you'd have to go with that design, 3826 02:56:04,299 --> 02:56:09,299 or would you be willing to do some about that tower, 3827 02:56:09,620 --> 02:56:12,340 and bring it down a little bit in order to, 3828 02:56:12,340 --> 02:56:15,670 meet with the neighborhood, and talk to them about that 3829 02:56:15,670 --> 02:56:15,940 tower, 3830 02:56:15,940 --> 02:56:18,200 'cause it seems several people have brought that up. 3831 02:56:18,200 --> 02:56:21,840 Other than that, I don't know what else could be done. 3832 02:56:23,139 --> 02:56:28,139 - Yeah, absolutely, and we would rather not consider that, 3833 02:56:28,620 --> 02:56:32,260 you know, 30-foot is well within the three-story limit, 3834 02:56:32,260 --> 02:56:35,399 and we do use both stories inside of there, 3835 02:56:36,399 --> 02:56:38,059 for functionality of equipment 3836 02:56:38,059 --> 02:56:39,540 to keep the footprint smaller. 3837 02:56:39,540 --> 02:56:40,659 - That's all I wanted. 3838 02:56:40,659 --> 02:56:42,299 If it can't be done, it can't be done. 3839 02:56:42,299 --> 02:56:44,860 - Have another question, Commissioner Ellis. 3840 02:56:44,860 --> 02:56:47,299 - Thank you, Chair, it's actually for Josh as well. 3841 02:56:50,059 --> 02:56:52,579 Somebody who spoke mentioned earlier, 3842 02:56:52,579 --> 02:56:54,579 talking like a full-service car wash. 3843 02:56:54,579 --> 02:56:56,180 Is yours a full-service car wash 3844 02:56:56,180 --> 02:56:57,299 where people drop off their cars? 3845 02:56:57,299 --> 02:57:00,139 - No, it's not, no, thanks for bringing that point up. 3846 02:57:00,139 --> 02:57:02,180 This is what, in the car wash industry, 3847 02:57:02,180 --> 02:57:04,860 we consider an express exterior car wash. 3848 02:57:04,860 --> 02:57:09,270 So, in the big picture, our services are as long as it 3849 02:57:09,270 --> 02:57:09,500 takes 3850 02:57:09,500 --> 02:57:11,899 to go through the tunnel, which is about two and a half 3851 02:57:11,899 --> 02:57:15,219 minutes, you know, so the car wash is two and a half 3852 02:57:15,219 --> 02:57:15,579 minutes, 3853 02:57:15,579 --> 02:57:18,739 and then we're gonna have those row of vacuums 3854 02:57:18,739 --> 02:57:21,520 we've been discussing, 20 free vacuums. 3855 02:57:21,520 --> 02:57:23,579 It is then up to the customer 3856 02:57:23,579 --> 02:57:25,860 how long they choose to stay there. 3857 02:57:25,860 --> 02:57:28,399 You know, so if they wanna detail their own car there, 3858 02:57:28,399 --> 02:57:30,819 yes, that could be a possibility. 3859 02:57:30,819 --> 02:57:32,139 The majority, you can go to Google, 3860 02:57:32,139 --> 02:57:35,020 even at our current facility, 20 minutes is typically 3861 02:57:35,020 --> 02:57:37,639 the maximum time anyone spends on the property. 3862 02:57:39,500 --> 02:57:40,739 - Follow-up, please. 3863 02:57:40,739 --> 02:57:42,780 - Thank you, and then just one more thing. 3864 02:57:42,780 --> 02:57:43,620 - No problem. 3865 02:57:43,620 --> 02:57:45,260 - Why it's important to have a neighborhood meeting, 3866 02:57:45,260 --> 02:57:47,940 so a lot of this stuff could have been maybe talked about 3867 02:57:47,940 --> 02:57:51,340 and maybe discussed and maybe understood better 3868 02:57:51,340 --> 02:57:52,979 for exactly what your development was 3869 02:57:52,979 --> 02:57:56,940 and what we have the parameters to do. 3870 02:57:58,100 --> 02:58:00,459 One of the gentlemen mentioned it, a win-win. 3871 02:58:00,459 --> 02:58:03,819 That is what we really have to produce here, in my opinion. 3872 02:58:03,819 --> 02:58:05,700 Something that works for you, we can't stop you. 3873 02:58:05,700 --> 02:58:07,139 I wish you were bringing me something else 3874 02:58:07,139 --> 02:58:08,940 and it wasn't a car wash, honestly. 3875 02:58:09,860 --> 02:58:13,459 But knowing the car wash is allowed in the PD by right, 3876 02:58:13,459 --> 02:58:16,659 what we have to do is figure out how to mitigate 3877 02:58:16,659 --> 02:58:19,260 the nuisances that a car wash causes here. 3878 02:58:19,260 --> 02:58:21,100 The PD, when it was put in place in the '90s, 3879 02:58:21,100 --> 02:58:23,899 allowed for your use to happen. 3880 02:58:23,899 --> 02:58:26,020 So now what we need to do is how do we allow 3881 02:58:26,020 --> 02:58:29,459 your use to happen by sticking you 3882 02:58:29,459 --> 02:58:30,860 in the middle of all these homes. 3883 02:58:30,860 --> 02:58:31,700 - Right, right. 3884 02:58:31,700 --> 02:58:33,739 - And certainly that's where their concerns are, 3885 02:58:33,739 --> 02:58:36,340 that's where some of our concerns lie as well. 3886 02:58:36,340 --> 02:58:37,180 - Absolutely. 3887 02:58:38,620 --> 02:58:41,059 - Commissioner Beck, do you have a follow-up question? 3888 02:58:42,100 --> 02:58:43,459 Okay, I understand. 3889 02:58:45,739 --> 02:58:47,059 Sure. 3890 02:58:47,059 --> 02:58:48,899 - I did have a couple of things to address 3891 02:58:48,899 --> 02:58:51,620 some couple of the questions that were brought up. 3892 02:58:51,620 --> 02:58:54,219 I have one item down here regarding the drainage. 3893 02:58:54,219 --> 02:58:56,659 We are building a detention pond at the back of the site 3894 02:58:56,659 --> 02:59:00,500 to mitigate the increase in drainage runoff from the site. 3895 02:59:00,500 --> 02:59:01,860 So we've taken that into account, 3896 02:59:01,860 --> 02:59:04,379 designed that according to city ordinances, 3897 02:59:04,379 --> 02:59:05,540 and obviously we'll follow along 3898 02:59:05,540 --> 02:59:07,420 with any additional comments city staff 3899 02:59:07,420 --> 02:59:09,100 may have associated with that. 3900 02:59:10,420 --> 02:59:13,020 As far as the lane closure up there on the front 3901 02:59:13,020 --> 02:59:15,500 that was concerned on 2499, 3902 02:59:15,500 --> 02:59:18,020 that'd be for a short duration just for the construction 3903 02:59:18,020 --> 02:59:19,500 of it, so it really shouldn't have 3904 02:59:19,500 --> 02:59:21,819 any long-term impacts on that. 3905 02:59:21,819 --> 02:59:25,340 And then as far as the height going up three feet 3906 02:59:25,340 --> 02:59:28,659 on the site with the building, 3907 02:59:28,659 --> 02:59:30,340 one of the intents we were trying to do 3908 02:59:30,340 --> 02:59:32,299 is there's a row of trees back there 3909 02:59:32,299 --> 02:59:36,379 to preserve that existing buffer that's there, 3910 02:59:36,379 --> 02:59:39,739 the trees for the help to mitigate sound, site, 3911 02:59:39,739 --> 02:59:42,739 other stuff with some fully mature trees there. 3912 02:59:42,739 --> 02:59:45,420 That's one of the things that the client came to us with 3913 02:59:45,420 --> 02:59:46,979 is hey, let's try and save those 3914 02:59:46,979 --> 02:59:49,860 because that will kind of shade that away 3915 02:59:49,860 --> 02:59:52,620 from some of the close residences there. 3916 02:59:52,620 --> 02:59:54,420 So we did pull that back there. 3917 02:59:54,420 --> 02:59:57,459 Plus the building we're actually cutting down 3918 02:59:57,459 --> 02:59:59,340 inside of the hill, so we're not building up 3919 02:59:59,340 --> 03:00:02,940 at elevations that are closer to the existing conditions. 3920 03:00:02,940 --> 03:00:05,540 With some of those concerns we have dropped it down, 3921 03:00:05,540 --> 03:00:06,860 but there is a little bit of a burn, 3922 03:00:06,860 --> 03:00:08,840 but it does go up much higher than where we're at right now 3923 03:00:08,840 --> 03:00:08,979 . 3924 03:00:08,979 --> 03:00:10,620 I think we're benching into the site roughly 3925 03:00:10,620 --> 03:00:12,579 about three or four feet right now. 3926 03:00:12,579 --> 03:00:15,139 - Do you have a couple follow-up questions? 3927 03:00:15,139 --> 03:00:16,139 Commissioner Back. 3928 03:00:17,020 --> 03:00:17,860 - Thank you, Chair. 3929 03:00:17,860 --> 03:00:20,780 Actually this is for Mr. Boshy if you don't mind. 3930 03:00:23,579 --> 03:00:25,700 The neighborhood meeting concept is important. 3931 03:00:25,700 --> 03:00:28,459 Now right now it isn't required. 3932 03:00:29,979 --> 03:00:33,020 It is suggested for zone changes 3933 03:00:33,020 --> 03:00:35,260 and anytime there's gonna be a commercial development 3934 03:00:35,260 --> 03:00:38,700 come in next to, in the future for the citizens 3935 03:00:38,700 --> 03:00:40,420 that will be a mandated thing 3936 03:00:40,420 --> 03:00:41,899 that when there's a zone change. 3937 03:00:41,899 --> 03:00:46,899 But our obligation here is to respect your rights there, 3938 03:00:48,459 --> 03:00:51,700 but we've also got an obligation to the citizens 3939 03:00:51,700 --> 03:00:53,020 that you're gonna be neighbors with too. 3940 03:00:53,020 --> 03:00:54,979 So let me ask you this. 3941 03:00:54,979 --> 03:00:57,780 Would you be opposed to a motion 3942 03:00:57,780 --> 03:01:00,459 to postpone this for two weeks 3943 03:01:00,459 --> 03:01:03,459 and give you an opportunity to sit down with your neighbors 3944 03:01:03,459 --> 03:01:03,459 ? 3945 03:01:03,459 --> 03:01:05,170 'Cause they've asked a lot of questions that we can't 3946 03:01:05,170 --> 03:01:05,540 answer. 3947 03:01:05,540 --> 03:01:08,059 They've made a lot of statements that 3948 03:01:08,059 --> 03:01:09,579 there's a little bit of hyperbole in there 3949 03:01:09,579 --> 03:01:11,299 and there's a little misinformation in there 3950 03:01:11,299 --> 03:01:14,219 and you're really the only one that can answer that. 3951 03:01:14,219 --> 03:01:17,579 Would you be opposed to a motion to postpone this 3952 03:01:17,579 --> 03:01:21,340 until for two weeks, the next PNZ meeting, 3953 03:01:21,340 --> 03:01:23,899 establish a meeting with your neighbors, 3954 03:01:23,899 --> 03:01:26,979 give them a location and sit down and talk with them? 3955 03:01:26,979 --> 03:01:29,780 I know it's kind of a frightening prospect 3956 03:01:29,780 --> 03:01:33,420 what you'll face, but you are gonna be their neighbor. 3957 03:01:35,139 --> 03:01:36,020 You need to be a good neighbor. 3958 03:01:36,020 --> 03:01:37,299 They need to be a good neighbor too. 3959 03:01:37,299 --> 03:01:38,139 - Absolutely. - And this will give you 3960 03:01:38,139 --> 03:01:40,620 an opportunity to get a chance to know each other, 3961 03:01:40,620 --> 03:01:41,459 fill each other out. 3962 03:01:41,459 --> 03:01:44,940 So in response to my question. 3963 03:01:44,940 --> 03:01:46,219 - I would prefer not. 3964 03:01:46,219 --> 03:01:48,219 - You would prefer not, okay, understand. 3965 03:01:48,219 --> 03:01:50,059 All right, thank you. 3966 03:01:50,059 --> 03:01:53,670 - Well, Commissioner Beck, just to kind of piggyback on 3967 03:01:53,670 --> 03:01:54,500 that, 3968 03:01:54,500 --> 03:01:56,819 this is gonna go on to city council. 3969 03:01:56,819 --> 03:01:59,700 So we will not be the final say on this. 3970 03:01:59,700 --> 03:02:02,540 This is a recommendation to city council. 3971 03:02:02,540 --> 03:02:05,020 So I would encourage all the residents 3972 03:02:05,020 --> 03:02:08,260 that this is with whatever action that we take this evening 3973 03:02:08,260 --> 03:02:08,260 , 3974 03:02:08,260 --> 03:02:10,739 this is not the final action on this item. 3975 03:02:10,739 --> 03:02:12,219 It will move on to city council 3976 03:02:12,219 --> 03:02:14,579 and you are more than welcome to come back out. 3977 03:02:14,579 --> 03:02:16,139 You'll be able to fill out cards. 3978 03:02:16,139 --> 03:02:18,340 You'll be able to have your three or four minutes 3979 03:02:18,340 --> 03:02:21,579 time to speak and voice your concerns to city council. 3980 03:02:21,579 --> 03:02:24,899 And they will be the ultimate decision makers 3981 03:02:24,899 --> 03:02:27,260 on this particular project. 3982 03:02:27,260 --> 03:02:28,739 So I do want to let all of you know 3983 03:02:28,739 --> 03:02:31,899 that you do have an opportunity to continue 3984 03:02:31,899 --> 03:02:33,659 to be involved in the process 3985 03:02:33,659 --> 03:02:36,180 and to speak again on this item. 3986 03:02:36,180 --> 03:02:38,020 So I do want to make that clarification 3987 03:02:38,020 --> 03:02:40,139 that there is additional opportunity 3988 03:02:40,139 --> 03:02:41,940 to continue to be involved. 3989 03:02:43,340 --> 03:02:44,540 Commissioner Ellis. 3990 03:02:44,540 --> 03:02:45,579 - Thank you, Chair. 3991 03:02:45,579 --> 03:02:47,940 So maybe for you, Josh, maybe engineering. 3992 03:02:47,940 --> 03:02:49,379 I don't know. 3993 03:02:49,379 --> 03:02:53,979 One of my concerns, staff talked about a light pollution, 3994 03:02:53,979 --> 03:02:55,420 talked about signage, 3995 03:02:55,420 --> 03:02:57,219 but they didn't talk about was noise. 3996 03:02:59,700 --> 03:03:01,860 Given their concerns with the vacuum created 3997 03:03:01,860 --> 03:03:03,780 from the masonry wall and that, 3998 03:03:03,780 --> 03:03:07,200 is there another route to go that would be better than that 3999 03:03:07,200 --> 03:03:07,219 ? 4000 03:03:07,219 --> 03:03:11,260 Is, you know, I don't have that expertise. 4001 03:03:13,540 --> 03:03:17,700 - I guess I can allude to some options on the table. 4002 03:03:18,819 --> 03:03:21,340 We were discussing that in the back of the room slightly, 4003 03:03:21,340 --> 03:03:24,739 but a big picture, I guess, 4004 03:03:24,739 --> 03:03:26,940 I'd really encourage everyone to do some research 4005 03:03:26,940 --> 03:03:29,340 and get close to a car wash. 4006 03:03:29,340 --> 03:03:30,700 Find out what, you know, 4007 03:03:30,700 --> 03:03:32,940 we all assume there's noise pollution. 4008 03:03:32,940 --> 03:03:34,819 Being a car wash owner, 4009 03:03:34,819 --> 03:03:36,659 there is not a lot of noise involved. 4010 03:03:36,659 --> 03:03:39,819 Is there the errant car that blares the stereo too loud? 4011 03:03:39,819 --> 03:03:40,659 Yeah, but you know what? 4012 03:03:40,659 --> 03:03:42,739 My neighbor blares the stereo too loud too. 4013 03:03:42,739 --> 03:03:45,260 You know, so at some point, 4014 03:03:45,260 --> 03:03:47,659 we have to control that ourselves. 4015 03:03:47,659 --> 03:03:51,700 But, you know, we're putting up a masonry wall. 4016 03:03:51,700 --> 03:03:54,379 You know, is there a landscape alternative? 4017 03:03:54,379 --> 03:03:57,059 You know, would a row of bushes be better 4018 03:03:57,059 --> 03:03:59,340 than a row of concrete? 4019 03:03:59,340 --> 03:04:00,860 You know, so I mean, 4020 03:04:00,860 --> 03:04:02,500 that's the kind of stuff I'm thinking about 4021 03:04:02,500 --> 03:04:05,059 'cause we absolutely do want to honor 4022 03:04:05,059 --> 03:04:06,899 as many of these comments as we can. 4023 03:04:08,059 --> 03:04:09,739 - Do you have any, if I may? 4024 03:04:09,739 --> 03:04:11,139 - Sure, continue. - Thank you. 4025 03:04:11,139 --> 03:04:14,459 Do you have any parameters in your business model 4026 03:04:14,459 --> 03:04:18,139 that keeps people from blasting their radios 4027 03:04:18,139 --> 03:04:21,139 while they're detailing their cars for a couple of hours? 4028 03:04:22,059 --> 03:04:22,899 - There isn't. 4029 03:04:22,899 --> 03:04:25,659 I think it would probably be up to me and my staff members 4030 03:04:25,659 --> 03:04:27,940 to just ask them to be respectful. 4031 03:04:27,940 --> 03:04:29,979 You know, and that would be different at this car wash 4032 03:04:29,979 --> 03:04:32,540 versus my existing car wash on Teasley. 4033 03:04:32,540 --> 03:04:35,020 The existing car wash on Teasley is open 24 hours 4034 03:04:35,020 --> 03:04:37,340 and it is an unstaffed model. 4035 03:04:37,340 --> 03:04:38,299 This one, you know, like I said, 4036 03:04:38,299 --> 03:04:40,899 we will employ five to 10 employees, 4037 03:04:40,899 --> 03:04:45,020 but two to four will be on staff at any given time. 4038 03:04:45,020 --> 03:04:49,059 So that is something that we could police at this site 4039 03:04:49,059 --> 03:04:50,899 in opposition to the other site. 4040 03:04:50,899 --> 03:04:51,739 - I'd love to encourage you to do that. 4041 03:04:51,739 --> 03:04:52,979 - Yes. - Because the row 4042 03:04:52,979 --> 03:04:54,940 where people will be doing the detailing, 4043 03:04:54,940 --> 03:04:57,299 you know, 'cause the houses are right there. 4044 03:04:57,299 --> 03:05:00,700 Then I guess my final question would be 4045 03:05:01,659 --> 03:05:04,500 for the folks across 2499, 4046 03:05:04,500 --> 03:05:08,979 that obviously you're going to affect visually. 4047 03:05:08,979 --> 03:05:09,899 - Visually, correct. 4048 03:05:09,899 --> 03:05:10,940 - Is there anything, 4049 03:05:10,940 --> 03:05:13,340 I don't have the plant pulled up in front of me, 4050 03:05:13,340 --> 03:05:16,020 what do you have proposed fronting? 4051 03:05:17,379 --> 03:05:19,780 - We have a green belt, 4052 03:05:19,780 --> 03:05:22,100 we'll call it for lack of better terms there, 4053 03:05:22,100 --> 03:05:26,540 that does fall into 2499 easement right away, 4054 03:05:26,540 --> 03:05:27,379 that kind of thing. 4055 03:05:27,379 --> 03:05:29,899 So as far as us putting anything there, 4056 03:05:29,899 --> 03:05:31,540 it's gonna be grass, 4057 03:05:31,540 --> 03:05:36,540 because it falls in under those easements and right away. 4058 03:05:36,620 --> 03:05:38,819 So we're restricted there. 4059 03:05:40,899 --> 03:05:42,579 (man mumbling) 4060 03:05:42,579 --> 03:05:45,059 Yeah, yeah, so we actually worked with staff 4061 03:05:45,059 --> 03:05:48,020 and our original landscape plan did call 4062 03:05:48,020 --> 03:05:50,780 for some landscaping there that we were asked to remove, 4063 03:05:52,100 --> 03:05:53,860 due to the easement and right away. 4064 03:05:57,500 --> 03:05:59,020 - One more question, Commissioner Beck. 4065 03:05:59,020 --> 03:05:59,860 - Thank you, Chair. 4066 03:05:59,860 --> 03:06:02,260 I remembered what it was that I couldn't let go. 4067 03:06:03,219 --> 03:06:04,299 Several people had mentioned 4068 03:06:04,299 --> 03:06:06,219 that there's multiple car washes around there, 4069 03:06:06,219 --> 03:06:07,780 you actually own one of them. 4070 03:06:07,780 --> 03:06:11,500 Is this good business practice to put another car wash 4071 03:06:11,500 --> 03:06:14,139 in close proximity to where the ones are? 4072 03:06:14,139 --> 03:06:16,139 What's the rationale behind? 4073 03:06:17,219 --> 03:06:19,620 - The rationale, it goes back to one of your comments too, 4074 03:06:19,620 --> 03:06:21,420 it comes down to population density, right? 4075 03:06:21,420 --> 03:06:22,899 And if we look at that area 4076 03:06:22,899 --> 03:06:24,299 and we look at the number of rooftops, 4077 03:06:24,299 --> 03:06:26,940 the number of people, the number of cars in that area, 4078 03:06:26,940 --> 03:06:28,420 it's astronomical. 4079 03:06:29,659 --> 03:06:31,860 My existing car wash does do very well, 4080 03:06:31,860 --> 03:06:34,940 it is very busy based on the traffic, right? 4081 03:06:34,940 --> 03:06:39,020 Now we have 2499, Teasley's getting expanded to six lanes. 4082 03:06:39,020 --> 03:06:41,299 This is a very popular area of the city. 4083 03:06:41,299 --> 03:06:44,500 There are more subdivisions getting built all the time. 4084 03:06:44,500 --> 03:06:45,979 The demand is there. 4085 03:06:45,979 --> 03:06:48,100 - So you're just trying to stay ahead of the loop? 4086 03:06:48,100 --> 03:06:51,620 - Absolutely, and in general, car washes have a, 4087 03:06:51,620 --> 03:06:55,180 you pull from a one to two mile area around your car wash. 4088 03:06:55,180 --> 03:06:57,620 It is largely local residents that use it. 4089 03:07:00,860 --> 03:07:01,780 - So any other questions? 4090 03:07:01,780 --> 03:07:02,620 Thank you, sir. 4091 03:07:05,620 --> 03:07:07,780 Again, do not have any other cards. 4092 03:07:07,780 --> 03:07:09,739 Anyone else who hasn't spoke 4093 03:07:09,739 --> 03:07:11,139 that would like to speak on this item, 4094 03:07:11,139 --> 03:07:12,780 please come forward at this time. 4095 03:07:14,139 --> 03:07:16,700 Have you, I'm gonna allow one exception 4096 03:07:16,700 --> 03:07:18,860 and I'll give you an opportunity to make a final point 4097 03:07:18,860 --> 03:07:22,059 and then we're gonna move on with the business tonight. 4098 03:07:22,059 --> 03:07:26,700 - Tom Brandt, what is the process of changing the ordinance 4099 03:07:26,700 --> 03:07:27,059 ? 4100 03:07:27,260 --> 03:07:30,340 What can we do as citizens to tell you we wanna change? 4101 03:07:30,340 --> 03:07:34,020 Do we make a motion? 4102 03:07:34,979 --> 03:07:37,979 How do we get the process changed to change that ordinance, 4103 03:07:37,979 --> 03:07:41,620 at least in that area of our residential area? 4104 03:07:41,620 --> 03:07:45,620 He's talking about populated, his other car wash is 24/7. 4105 03:07:45,620 --> 03:07:48,780 They're not surrounded by our neighborhoods, 4106 03:07:48,780 --> 03:07:51,940 several hundreds of houses, neighborhoods. 4107 03:07:51,940 --> 03:07:54,340 I see his point, business is business. 4108 03:07:54,340 --> 03:07:58,459 We don't want that business in our neighborhood. 4109 03:07:58,459 --> 03:07:59,299 That's all. 4110 03:07:59,299 --> 03:08:01,299 If we don't want that, legal or not, 4111 03:08:01,299 --> 03:08:06,299 that it's a set aside 1990, how can we change that this 4112 03:08:06,299 --> 03:08:06,299 year? 4113 03:08:08,979 --> 03:08:10,219 Can we change that? 4114 03:08:10,219 --> 03:08:11,059 - No. 4115 03:08:11,059 --> 03:08:12,459 - Or make a motion to change it? 4116 03:08:12,459 --> 03:08:13,299 - No. 4117 03:08:13,299 --> 03:08:14,139 - Okay. 4118 03:08:14,139 --> 03:08:17,020 - I think it's been said as deftly as we can say it. 4119 03:08:17,020 --> 03:08:18,260 - Is it something to go through the state? 4120 03:08:18,260 --> 03:08:19,899 I mean, what is the process? 4121 03:08:20,899 --> 03:08:22,340 - You buy the property yourself 4122 03:08:22,340 --> 03:08:24,739 and then you can do what you like with it. 4123 03:08:24,739 --> 03:08:25,579 - Hey. 4124 03:08:25,579 --> 03:08:26,420 (audience laughing) 4125 03:08:26,420 --> 03:08:28,379 - And unfortunately-- 4126 03:08:28,379 --> 03:08:29,219 - I wanna pool. 4127 03:08:29,219 --> 03:08:31,500 - Well, that's an option too. 4128 03:08:31,500 --> 03:08:32,540 - I'm just watering. 4129 03:08:32,540 --> 03:08:33,700 - The problem that we really have 4130 03:08:33,700 --> 03:08:35,579 and everyone here on this commission 4131 03:08:35,579 --> 03:08:38,299 is sympathetic to the plight of all the residents. 4132 03:08:38,299 --> 03:08:39,120 - I accept that. 4133 03:08:39,120 --> 03:08:40,979 - The unfortunate situation that we have 4134 03:08:40,979 --> 03:08:43,139 is we have a property owner who's bought a piece of 4135 03:08:43,139 --> 03:08:43,979 property 4136 03:08:44,979 --> 03:08:48,700 that is already been designated back in the '90s 4137 03:08:48,700 --> 03:08:50,700 that it's a permitted use, 4138 03:08:50,700 --> 03:08:53,180 that they can put that kind of business there. 4139 03:08:53,180 --> 03:08:55,379 And then the requirement that we have 4140 03:08:55,379 --> 03:08:57,579 and that we spend a lot of time in work session 4141 03:08:57,579 --> 03:08:59,860 and again here this evening is to make sure 4142 03:08:59,860 --> 03:09:01,500 that if that business goes in there 4143 03:09:01,500 --> 03:09:03,840 that it meets all of the requirements 4144 03:09:03,840 --> 03:09:06,500 that our city has citywide for any business, 4145 03:09:06,500 --> 03:09:09,100 his business or anyone else's business 4146 03:09:09,100 --> 03:09:12,979 that it meets our requirements for lighting, 4147 03:09:12,979 --> 03:09:16,219 that the lighting doesn't bleed into your neighborhood, 4148 03:09:16,219 --> 03:09:17,819 setbacks that it has to have 4149 03:09:17,819 --> 03:09:20,180 and how far it has to be away from the neighborhood, 4150 03:09:20,180 --> 03:09:25,010 what time of buffers, landscaping, ingress, egress does it 4151 03:09:25,010 --> 03:09:25,180 have? 4152 03:09:25,739 --> 03:09:27,579 And those are the things that this commission 4153 03:09:27,579 --> 03:09:30,180 has the ability to have a say in. 4154 03:09:30,180 --> 03:09:32,700 And our hands beyond that are really tied 4155 03:09:32,700 --> 03:09:34,700 because it is a piece of property 4156 03:09:34,700 --> 03:09:36,979 that was designated many years ago 4157 03:09:36,979 --> 03:09:39,459 with multiple types of uses that can go there 4158 03:09:39,459 --> 03:09:41,299 and that is one of the uses that's there. 4159 03:09:41,299 --> 03:09:42,420 So it's kind of like us saying, 4160 03:09:42,420 --> 03:09:44,700 well you can't have a house in your neighborhood. 4161 03:09:44,700 --> 03:09:46,700 And you go, well everybody has a house here, 4162 03:09:46,700 --> 03:09:47,940 they was determined to have houses. 4163 03:09:47,940 --> 03:09:51,100 Well what color can it be and what color, 4164 03:09:51,100 --> 03:09:52,500 what kind of brick can you put on it? 4165 03:09:52,500 --> 03:09:53,700 Those are the types of things 4166 03:09:53,700 --> 03:09:56,379 that we're put in a position of here 4167 03:09:56,379 --> 03:09:58,139 is that it's permitted to go there 4168 03:09:58,139 --> 03:09:59,620 and then there are only certain things 4169 03:09:59,620 --> 03:10:01,139 that we have the ability to have a say on 4170 03:10:01,139 --> 03:10:04,100 and we're trying as hard as we can in work session. 4171 03:10:04,100 --> 03:10:06,540 And here to put is make sure 4172 03:10:06,540 --> 03:10:08,299 that all of those conditions are met 4173 03:10:08,299 --> 03:10:09,899 and if there are a few other things 4174 03:10:09,899 --> 03:10:11,579 that we can ask them to do, 4175 03:10:11,579 --> 03:10:14,260 like will they make the wall taller 4176 03:10:14,260 --> 03:10:16,979 to try to mitigate the noise even more 4177 03:10:16,979 --> 03:10:18,979 above what they're required to do 4178 03:10:18,979 --> 03:10:20,379 and out of the goodness of their heart, 4179 03:10:20,379 --> 03:10:21,899 will they do that? 4180 03:10:21,899 --> 03:10:24,700 We have tried to do the best we can as this commission 4181 03:10:24,700 --> 03:10:26,540 to have them be compliant 4182 03:10:26,540 --> 03:10:27,739 and if there's a few other things 4183 03:10:27,739 --> 03:10:29,180 that we can have them agree to, 4184 03:10:29,180 --> 03:10:32,020 to do that, to do all that we can on the commission. 4185 03:10:32,020 --> 03:10:33,459 And other than that, 4186 03:10:33,459 --> 03:10:36,379 we're very sympathetic to the issues of the neighbors 4187 03:10:36,379 --> 03:10:39,659 and understand that they don't want it there, 4188 03:10:39,659 --> 03:10:42,420 but the problem is is it's permitted to go there. 4189 03:10:42,420 --> 03:10:45,620 To your point, if it wasn't permitted to go there, 4190 03:10:45,620 --> 03:10:48,340 this commission has a very different say in it. 4191 03:10:48,340 --> 03:10:50,219 But when it is permitted to go there, 4192 03:10:50,219 --> 03:10:53,379 legally, we don't have a lot of ability 4193 03:10:53,379 --> 03:10:55,500 to tell somebody that you can't put something 4194 03:10:55,500 --> 03:10:57,100 on a piece of property that legally 4195 03:10:57,100 --> 03:10:59,700 the city has said in the 90s, you can. 4196 03:10:59,700 --> 03:11:01,500 And that's really where our hands are tied 4197 03:11:01,500 --> 03:11:05,059 and it's unfortunate and I know people don't like it. 4198 03:11:05,059 --> 03:11:07,059 People aren't happy with us as commissioners 4199 03:11:07,059 --> 03:11:09,899 serving here as volunteers trying to enforce 4200 03:11:09,899 --> 03:11:12,260 the rules and the regulation of the city 4201 03:11:12,260 --> 03:11:14,100 and respect people's property rights, 4202 03:11:14,100 --> 03:11:16,979 taxpayers that live here and pay taxes now, 4203 03:11:16,979 --> 03:11:19,340 people who are going to be taxpayers 4204 03:11:19,340 --> 03:11:23,059 and try to find, as someone said, a win-win. 4205 03:11:23,059 --> 03:11:24,899 And I wish we could have a win-win 4206 03:11:24,899 --> 03:11:26,139 that he could go down the street 4207 03:11:26,139 --> 03:11:29,100 and y'all could have a park behind your houses. 4208 03:11:29,100 --> 03:11:31,459 And I think that opportunity for that 4209 03:11:31,459 --> 03:11:33,139 was probably about 30 years ago. 4210 03:11:33,139 --> 03:11:35,819 And that's not the hand that we have here this evening. 4211 03:11:35,819 --> 03:11:40,819 And so I appreciate all of the residents 4212 03:11:40,979 --> 03:11:42,979 who come out tonight to share their thoughts. 4213 03:11:42,979 --> 03:11:45,180 And I hope that the residents understand 4214 03:11:45,180 --> 03:11:48,780 we have a limited ability in what we as a commission can do 4215 03:11:48,780 --> 03:11:48,780 . 4216 03:11:48,780 --> 03:11:50,860 And one of those things for sure is to tell them 4217 03:11:50,860 --> 03:11:52,739 that they can't, we don't have the ability 4218 03:11:52,739 --> 03:11:55,819 to do that on this particular incident. 4219 03:11:55,819 --> 03:11:59,100 I'm sorry that we don't, but we don't. 4220 03:11:59,100 --> 03:12:01,700 And so it's not that we're not sympathetic, 4221 03:12:01,700 --> 03:12:04,219 it is there's limits that we have 4222 03:12:04,219 --> 03:12:07,579 and that's where we are on this issue tonight. 4223 03:12:07,579 --> 03:12:09,540 And so I hope you appreciate, 4224 03:12:10,780 --> 03:12:11,979 trying to give you an opportunity to come back 4225 03:12:11,979 --> 03:12:13,940 and speak a second time, that's not a protocol. 4226 03:12:13,940 --> 03:12:16,739 We've tried to get as much information 4227 03:12:16,739 --> 03:12:18,979 from the owner and the engineer to provide 4228 03:12:18,979 --> 03:12:22,180 as much information to the neighbors and the residents. 4229 03:12:22,180 --> 03:12:25,059 And like I said earlier, we are not gonna be 4230 03:12:25,059 --> 03:12:27,100 the final decision maker on this. 4231 03:12:27,100 --> 03:12:29,899 We will make a recommendation to city council 4232 03:12:29,899 --> 03:12:32,780 and city council will be the final decision maker 4233 03:12:32,780 --> 03:12:33,620 on this item. 4234 03:12:33,620 --> 03:12:36,979 And so I invite everyone who's come out this evening, 4235 03:12:36,979 --> 03:12:37,860 keep an eye on this. 4236 03:12:37,860 --> 03:12:40,579 I'm sure your neighborhood is going to be 4237 03:12:40,579 --> 03:12:41,899 very involved with it. 4238 03:12:41,899 --> 03:12:44,739 Come back out and come speak at city council. 4239 03:12:44,739 --> 03:12:47,100 You'll have another opportunity to make any 4240 03:12:47,100 --> 03:12:50,020 and all of the points that you would like on this item. 4241 03:12:50,020 --> 03:12:52,100 So thank you all for coming. 4242 03:12:52,100 --> 03:12:53,299 - Thank you for your info. 4243 03:12:53,299 --> 03:12:54,899 - Yes, sir, thank you. 4244 03:12:56,739 --> 03:12:59,659 With that, I have no other cards and no one else to speak 4245 03:12:59,659 --> 03:13:03,500 and I'll call on Haley before I close a public hearing. 4246 03:13:04,739 --> 03:13:06,659 - Just wanted to clarify from some comments 4247 03:13:06,659 --> 03:13:07,500 I heard behind me. 4248 03:13:07,500 --> 03:13:10,219 This will be going on the August 21st council agenda 4249 03:13:10,219 --> 03:13:11,780 rather than August 7th. 4250 03:13:11,780 --> 03:13:13,739 - And that meeting starts at what time? 4251 03:13:13,739 --> 03:13:14,579 - 630. 4252 03:13:14,579 --> 03:13:15,979 - 630 on the 21st. 4253 03:13:15,979 --> 03:13:16,819 - Yes, sir. 4254 03:13:16,819 --> 03:13:17,659 - Okay, great. 4255 03:13:17,659 --> 03:13:19,219 I hope you all come back out for that. 4256 03:13:19,219 --> 03:13:22,700 You're welcome to reach out to your city council people 4257 03:13:22,700 --> 03:13:26,579 if you have concerns about that and voice your concerns 4258 03:13:26,579 --> 03:13:28,219 and your opinions to them as well. 4259 03:13:29,780 --> 03:13:30,700 Commissioner Ellis. 4260 03:13:30,700 --> 03:13:31,979 - Thank you, Chair. 4261 03:13:31,979 --> 03:13:33,540 So you had mentioned a little bit ago 4262 03:13:33,540 --> 03:13:36,700 about the wall height again. 4263 03:13:36,700 --> 03:13:38,860 So engineering point of view or, 4264 03:13:41,219 --> 03:13:42,700 if we raise it two feet, 4265 03:13:42,700 --> 03:13:44,979 is that? 4266 03:13:44,979 --> 03:13:46,260 - That's not a problem. 4267 03:13:46,260 --> 03:13:50,899 I think my engineer here spoke to that general area 4268 03:13:50,899 --> 03:13:54,139 is we'll just call it the high point in the neighborhood. 4269 03:13:54,139 --> 03:13:56,299 Right, you know, my property as well as the property 4270 03:13:56,299 --> 03:13:58,620 in the north to me that are both undeveloped. 4271 03:13:58,620 --> 03:14:00,659 That's the high part in the neighborhood. 4272 03:14:01,860 --> 03:14:04,420 We are through engineering and grading, 4273 03:14:04,420 --> 03:14:07,620 lowering our property about three feet. 4274 03:14:07,620 --> 03:14:10,219 But in comparison to the residents, 4275 03:14:10,219 --> 03:14:13,579 that is still above the residential neighborhood above us. 4276 03:14:13,579 --> 03:14:16,420 So I was talking about the three feet up from the residents 4277 03:14:16,420 --> 03:14:16,420 . 4278 03:14:16,420 --> 03:14:18,620 He was talking that we're actually lowering it 4279 03:14:18,620 --> 03:14:19,819 from the existing grade. 4280 03:14:19,819 --> 03:14:23,780 So it'll actually be lower than the land is currently. 4281 03:14:24,860 --> 03:14:27,979 We are setting the wall on top of the curb, 4282 03:14:27,979 --> 03:14:29,780 on top of the fire lane that goes around us. 4283 03:14:29,780 --> 03:14:32,180 So we do have a nice green belt around that, 4284 03:14:32,180 --> 03:14:35,260 those existing legacy trees that are there. 4285 03:14:37,059 --> 03:14:38,299 Because our property is higher 4286 03:14:38,299 --> 03:14:40,700 and we'll have a wall on top of our curb. 4287 03:14:40,700 --> 03:14:43,059 We're gonna have the working height of 89 feet 4288 03:14:43,059 --> 03:14:45,819 when you're viewing it from those residents backyard. 4289 03:14:45,819 --> 03:14:50,139 If you'd make the recommendation to add additional feet 4290 03:14:50,139 --> 03:14:52,860 to that wall, that is something I would absolutely consider 4291 03:14:52,860 --> 03:14:53,059 . 4292 03:14:54,659 --> 03:14:56,020 - I think I had asked you earlier 4293 03:14:56,020 --> 03:14:58,139 if you would add two feet to it on your side 4294 03:14:58,139 --> 03:14:59,020 and make it eight foot. 4295 03:14:59,020 --> 03:15:00,219 Are you agreeable to that? 4296 03:15:00,219 --> 03:15:03,780 If we make that as a condition? 4297 03:15:03,780 --> 03:15:07,420 - I would just, the only concern from an engineer, 4298 03:15:07,420 --> 03:15:09,659 I stand, sorry, the only concern 4299 03:15:09,659 --> 03:15:11,979 from an engineering standpoint, landscape, 4300 03:15:13,020 --> 03:15:16,299 the wall height will create the limbing up of the trees. 4301 03:15:16,299 --> 03:15:19,620 So the trees will actually, the wall will go up. 4302 03:15:19,620 --> 03:15:22,299 So your trees will actually be impacted 4303 03:15:22,299 --> 03:15:24,100 with the wall height on that. 4304 03:15:25,780 --> 03:15:28,340 - Thank you for letting us know that as well. 4305 03:15:30,059 --> 03:15:33,379 Again, I'm going to, thank you Jerry. 4306 03:15:34,500 --> 03:15:38,620 I have no more cards and I've asked for additional speakers 4307 03:15:38,620 --> 03:15:40,059 a couple of times and at this time 4308 03:15:40,059 --> 03:15:41,780 I'm going to close the public hearing 4309 03:15:41,780 --> 03:15:45,100 and I'm gonna open this item for discussion or a motion. 4310 03:15:50,020 --> 03:15:50,940 Commissioner Beck. 4311 03:15:52,059 --> 03:15:54,899 - Let me make a comment first and then I'll make a motion. 4312 03:15:54,899 --> 03:15:57,840 Again, I'm gonna repeat myself here and explain that. 4313 03:15:58,739 --> 03:16:01,700 We're in a position where we have to honor the rights 4314 03:16:01,700 --> 03:16:05,540 of the property owner that has bought property 4315 03:16:05,540 --> 03:16:07,899 that he can legally build what he's building. 4316 03:16:07,899 --> 03:16:10,979 Our job here is not to pick and choose what gets there, 4317 03:16:10,979 --> 03:16:14,020 but what does go there has to meet certain requirements 4318 03:16:14,020 --> 03:16:17,700 and I honestly feel Mr. Boshie has done a lot more 4319 03:16:18,620 --> 03:16:21,979 than he has to to try and accommodate noise, traffic, 4320 03:16:21,979 --> 03:16:23,979 and the things he can do. 4321 03:16:23,979 --> 03:16:27,899 You bought your property feeling like it was gonna be 4322 03:16:27,899 --> 03:16:30,739 that way for a lot longer than it turned out to 4323 03:16:30,739 --> 03:16:33,340 and that's unfortunate, I understand that feeling. 4324 03:16:34,500 --> 03:16:39,500 But again, population growth is gonna affect change 4325 03:16:40,139 --> 03:16:42,260 in negative ways for some people 4326 03:16:42,260 --> 03:16:43,659 and positive ways in others. 4327 03:16:43,659 --> 03:16:47,860 So I'm gonna go ahead and make a motion 4328 03:16:47,860 --> 03:16:50,180 that we approve this with the understanding 4329 03:16:50,180 --> 03:16:52,219 that we really don't have any other choice. 4330 03:16:52,219 --> 03:16:54,180 By right he can build that there 4331 03:16:54,180 --> 03:16:59,180 and as Chairman Strange pointed out, 4332 03:16:59,979 --> 03:17:01,819 this will move on to the City Council 4333 03:17:01,819 --> 03:17:03,739 where you can voice your concerns there. 4334 03:17:03,739 --> 03:17:07,739 So I motion that we approve PDA 18-04. 4335 03:17:10,940 --> 03:17:12,260 - Commissioner Becker, I'm gonna second 4336 03:17:12,260 --> 03:17:14,700 and ask for a friendly amendment 4337 03:17:14,700 --> 03:17:18,620 to extend the wall two feet higher 4338 03:17:18,620 --> 03:17:20,819 from a six foot height to an eight foot height 4339 03:17:20,819 --> 03:17:23,260 and I believe you said you were agreeable to that. 4340 03:17:25,020 --> 03:17:28,379 And then do we have any other conditions staff wise on this 4341 03:17:28,379 --> 03:17:30,700 that we need to make sure to get in this motion 4342 03:17:31,780 --> 03:17:33,500 in our backup? 4343 03:17:33,500 --> 03:17:36,620 - Certainly, let me pull those up here. 4344 03:17:37,899 --> 03:17:39,500 And I did also wanna point out, 4345 03:17:39,500 --> 03:17:41,940 I received one more email opposition letter 4346 03:17:41,940 --> 03:17:44,739 while we were sitting here that someone asked to share. 4347 03:17:44,739 --> 03:17:49,739 Vincent Colano from 3210 Friesian Court 4348 03:17:50,979 --> 03:17:52,139 is concerned about noise 4349 03:17:52,139 --> 03:17:54,659 and keeping his neighborhood peaceful. 4350 03:17:54,659 --> 03:17:56,459 - Thank you for bringing that into the record as well. 4351 03:17:56,459 --> 03:17:57,299 Thank you. 4352 03:17:58,700 --> 03:18:01,500 - Yes, so the recommended conditions 4353 03:18:01,500 --> 03:18:03,899 were the one related to sight lighting 4354 03:18:03,899 --> 03:18:06,100 and then the second condition about signage. 4355 03:18:06,100 --> 03:18:08,579 - Okay, so I'd like to include those 4356 03:18:08,579 --> 03:18:10,059 as well as a friendly amendment 4357 03:18:10,059 --> 03:18:12,540 to additional conditions of what we have in backup 4358 03:18:12,540 --> 03:18:15,620 as well as the wall height from six to eight feet. 4359 03:18:15,620 --> 03:18:16,459 - Agreed. 4360 03:18:16,459 --> 03:18:20,579 - Okay, we have a first and a second for approval 4361 03:18:20,579 --> 03:18:23,739 with conditions in the staff report 4362 03:18:23,739 --> 03:18:27,180 and then the wall height increasing from six to eight feet 4363 03:18:27,180 --> 03:18:29,379 and I'll open the floor for discussion. 4364 03:18:30,540 --> 03:18:31,579 Commissioner Ellis. 4365 03:18:31,579 --> 03:18:32,420 - Thank you, Chair. 4366 03:18:32,420 --> 03:18:34,420 I just wanted to address everyone who came out to speak 4367 03:18:34,420 --> 03:18:36,059 and thank you for doing so. 4368 03:18:37,059 --> 03:18:40,180 In understanding probably more than you did 4369 03:18:40,180 --> 03:18:42,139 when you got in here as far as what really 4370 03:18:42,139 --> 03:18:43,940 we had the power to do, 4371 03:18:44,979 --> 03:18:47,780 hopefully you'll participate in city council 4372 03:18:47,780 --> 03:18:50,620 and maybe think about are there other conditions 4373 03:18:50,620 --> 03:18:54,020 that maybe can be placed that they could consider 4374 03:18:54,020 --> 03:18:56,180 because again, it is something that is allowed 4375 03:18:56,180 --> 03:18:57,700 in the plan development by right 4376 03:18:57,700 --> 03:19:02,700 and it's just a matter of making it work in its space. 4377 03:19:02,700 --> 03:19:05,180 I know there are a lot of concerns about 2499 4378 03:19:05,180 --> 03:19:09,659 and that's unfortunately text out and they own it 4379 03:19:09,659 --> 03:19:13,260 and that's their fault and not this property owner's fault 4380 03:19:13,260 --> 03:19:15,659 but I absolutely sympathize with everything 4381 03:19:15,659 --> 03:19:17,139 that you said about it. 4382 03:19:17,139 --> 03:19:19,659 So thanks for coming out and continue to participate. 4383 03:19:19,659 --> 03:19:20,500 I hope you do. 4384 03:19:22,420 --> 03:19:23,620 - Commissioner Sanchez. 4385 03:19:24,500 --> 03:19:26,260 - Also I'd like to thank you all for showing up. 4386 03:19:26,260 --> 03:19:28,459 I think when you all show up, 4387 03:19:28,459 --> 03:19:30,819 it kind of helps us understand the neighborhoods, 4388 03:19:30,819 --> 03:19:34,540 what they want and it also has helped us understand 4389 03:19:34,540 --> 03:19:39,540 to talk to the business owners is go out 4390 03:19:40,340 --> 03:19:41,899 and talk to your neighbors 4391 03:19:42,780 --> 03:19:45,540 because that's how things are resolved before they get here 4392 03:19:45,540 --> 03:19:48,500 and so I would just like to thank you all for showing up. 4393 03:19:49,540 --> 03:19:50,379 - Thank you. 4394 03:19:51,420 --> 03:19:54,579 We have a motion for approval with conditions 4395 03:19:54,579 --> 03:19:57,620 and I will call for a vote on the board at this time. 4396 03:20:06,139 --> 03:20:09,059 The motion is going to carry four to zero 4397 03:20:09,059 --> 03:20:11,559 and again, this is an announcement for you all here 4398 03:20:11,559 --> 03:20:13,180 and those that are watching this item 4399 03:20:13,180 --> 03:20:16,979 will then come before city council on August the 21st 4400 03:20:16,979 --> 03:20:20,940 at 630 and you're welcome to continue to participate. 4401 03:20:20,940 --> 03:20:23,100 Thank you all for coming out this evening. 4402 03:20:50,940 --> 03:20:53,940 (people chattering) 4403 03:21:13,100 --> 03:21:16,299 Given the room a few minutes to clear 4404 03:21:16,299 --> 03:21:19,899 and we're gonna move on to our next item 4405 03:21:19,899 --> 03:21:22,700 and at this time I'm gonna open the public hearing 4406 03:21:22,700 --> 03:21:27,700 on item C, Z18-0007B. 4407 03:21:28,100 --> 03:21:31,219 We'll call on Cindy Jackson for presentation. 4408 03:21:31,219 --> 03:21:33,020 - Thank you chairman, commissioners. 4409 03:21:35,620 --> 03:21:39,979 Z18-0007 is a request to hold a public hearing 4410 03:21:39,979 --> 03:21:42,940 and consider making a recommendation to the city council 4411 03:21:42,940 --> 03:21:44,579 regarding a request for assignment 4412 03:21:44,579 --> 03:21:46,579 of initial zoning designation 4413 03:21:46,579 --> 03:21:51,299 of neighborhood residential two NR2 district 4414 03:21:51,299 --> 03:21:55,219 to a one acre site that is located east of Mosh Branch 4415 03:21:55,219 --> 03:21:56,899 on the north side of Miller Road 4416 03:21:56,899 --> 03:21:58,799 or you can see located right here. 4417 03:22:00,139 --> 03:22:02,500 Current zoning is already 5X. 4418 03:22:03,399 --> 03:22:07,500 The site is part of lot seven of Little Brook Estates. 4419 03:22:07,500 --> 03:22:11,579 Lot seven was subdivided by Meats and Bounds in 1977 4420 03:22:11,579 --> 03:22:13,920 into one acre lots. 4421 03:22:15,340 --> 03:22:18,360 Miller Road was created by Easeman at the same time. 4422 03:22:19,819 --> 03:22:24,020 This one acre lot is subject site 4423 03:22:24,020 --> 03:22:28,200 was annexed into the city along with the surrounding area 4424 03:22:28,200 --> 03:22:30,860 that you can see here in 2010. 4425 03:22:32,100 --> 03:22:34,059 It is currently zoned already 5X 4426 03:22:34,059 --> 03:22:36,940 which is a holding distance district 4427 03:22:36,940 --> 03:22:39,420 which is assigned to newly annexed property. 4428 03:22:40,340 --> 03:22:41,780 Here you can see the zoning map 4429 03:22:41,780 --> 03:22:44,340 if the site is approved with the NR2 zoning. 4430 03:22:46,139 --> 03:22:51,379 Subject site has a future land use designation 4431 03:22:51,379 --> 03:22:56,260 of business innovation which is for large tracts of land 4432 03:22:56,260 --> 03:22:59,700 that are appropriate for well planned larger scale office 4433 03:22:59,700 --> 03:23:02,760 and employment parks developed in a campus light setting 4434 03:23:02,760 --> 03:23:05,000 along with their supporting uses. 4435 03:23:06,100 --> 03:23:08,049 The types of uses and the scale of the development 4436 03:23:08,049 --> 03:23:08,799 permitted 4437 03:23:08,799 --> 03:23:12,280 in the NR2 district do not conform to the goals 4438 03:23:12,280 --> 03:23:14,280 of the business innovation designation. 4439 03:23:15,739 --> 03:23:20,739 Section 3533B3 actually has criteria to consider 4440 03:23:25,559 --> 03:23:30,559 when looking to add a request for rezoning in an area 4441 03:23:32,260 --> 03:23:35,459 in which the proposed zoning does not correspond 4442 03:23:35,459 --> 03:23:39,100 with the future yet land use underlying designation. 4443 03:23:40,000 --> 03:23:45,000 The NR2 district permits lodge residential uses 4444 03:23:45,219 --> 03:23:49,260 and this is inconsistent with future land use element. 4445 03:23:49,260 --> 03:23:53,260 The RD5 district which was assigned to the property 4446 03:23:53,260 --> 03:23:57,219 after annexation in 2010 is also inconsistent 4447 03:23:57,219 --> 03:23:59,620 with this land use district. 4448 03:23:59,620 --> 03:24:02,719 The site is part of a large lot single family neighborhood 4449 03:24:02,719 --> 03:24:05,860 which was established beginning in the late 70s 4450 03:24:05,860 --> 03:24:09,860 as discussed in the previous slide. 4451 03:24:09,860 --> 03:24:12,020 The single family uses are inconsistent 4452 03:24:12,020 --> 03:24:14,819 with the future land use designation. 4453 03:24:14,819 --> 03:24:18,299 The proposed NR2 zoning designation is consistent 4454 03:24:18,299 --> 03:24:22,100 with both the proposed and the surrounding land uses 4455 03:24:22,100 --> 03:24:24,620 and it does contribute to the preservation 4456 03:24:24,620 --> 03:24:27,420 of the character of the existing neighborhood. 4457 03:24:27,420 --> 03:24:30,620 In the backup you received I did go into great detail 4458 03:24:30,620 --> 03:24:35,620 on how this site complies with the criteria for approval. 4459 03:24:36,340 --> 03:24:40,459 I'm going to just kind of go over them right now, 4460 03:24:40,459 --> 03:24:42,479 not in as much detail however. 4461 03:24:44,860 --> 03:24:47,420 The requested NR2 zoning district is consistent 4462 03:24:47,420 --> 03:24:49,780 with both the proposed use of the subject site 4463 03:24:49,780 --> 03:24:53,020 and the uses that are currently in place. 4464 03:24:55,260 --> 03:24:57,059 This zoning would be consistent 4465 03:24:57,059 --> 03:25:00,540 with the character of the area today. 4466 03:25:05,219 --> 03:25:08,399 The site takes access from North Mosh Branch 4467 03:25:08,399 --> 03:25:12,739 which is a collector street located south of Miller Road 4468 03:25:12,739 --> 03:25:17,739 and it is a primary arterial north of Miller Road. 4469 03:25:19,260 --> 03:25:22,100 Water is available for the site through an eight inch line 4470 03:25:22,100 --> 03:25:25,139 which is along Miller Road and all of the lots 4471 03:25:25,139 --> 03:25:29,379 in this subdivision are on septic as sewer is not available 4472 03:25:29,379 --> 03:25:29,579 . 4473 03:25:31,979 --> 03:25:36,219 The impacts of one single family residential lot 4474 03:25:36,219 --> 03:25:40,579 would be minimal on the transportation infrastructure 4475 03:25:40,579 --> 03:25:41,420 in the area. 4476 03:25:43,540 --> 03:25:46,739 Public notifications were sent out July 6th. 4477 03:25:46,739 --> 03:25:51,139 Within 200 feet 10 certified notices were sent out 4478 03:25:51,139 --> 03:25:55,459 and 15 courtesy notices were sent out within 500 feet 4479 03:25:55,459 --> 03:25:58,500 of the site and we did not receive any response. 4480 03:26:01,180 --> 03:26:03,540 Staff recommends approval of this request. 4481 03:26:03,540 --> 03:26:06,860 The NR2 is consistent with the criteria for approval 4482 03:26:06,860 --> 03:26:11,760 in section 35, 33B3 and the NR2 district is compatible 4483 03:26:11,760 --> 03:26:14,139 with the surrounding property in terms of existing 4484 03:26:14,139 --> 03:26:16,100 and permitted uses. 4485 03:26:16,100 --> 03:26:19,260 That concludes my presentation and the applicant is present 4486 03:26:19,260 --> 03:26:19,579 . 4487 03:26:19,579 --> 03:26:22,340 - Thank you Cindy, I don't see any questions. 4488 03:26:22,340 --> 03:26:23,500 This is a public hearing. 4489 03:26:23,500 --> 03:26:25,340 Anyone who would like to speak on this item 4490 03:26:25,340 --> 03:26:26,940 please come forward at this time. 4491 03:26:31,540 --> 03:26:32,620 - Good evening commissioners. 4492 03:26:32,620 --> 03:26:35,819 My name is Bill Coleman and I am representing the owners 4493 03:26:35,819 --> 03:26:37,780 of this property in this matter. 4494 03:26:37,780 --> 03:26:41,079 We're here to ask that you go ahead and grant our request 4495 03:26:41,079 --> 03:26:43,979 and that we're trying to do what is compatible 4496 03:26:43,979 --> 03:26:47,260 with the neighborhood and not what the use would suggest 4497 03:26:47,260 --> 03:26:49,219 and build a warehouse or something like that 4498 03:26:49,219 --> 03:26:51,500 in the middle of the neighborhoods. 4499 03:26:51,500 --> 03:26:52,340 Thank you very much. 4500 03:26:52,340 --> 03:26:54,540 If you have any questions. 4501 03:26:54,540 --> 03:26:56,120 - Okay, don't see any questions. 4502 03:26:56,120 --> 03:26:56,959 Thank you Bill. 4503 03:26:58,940 --> 03:27:00,059 This is a public hearing. 4504 03:27:00,059 --> 03:27:02,540 Anyone who would like to speak on this item 4505 03:27:02,540 --> 03:27:04,100 please come forward at this time. 4506 03:27:05,979 --> 03:27:08,139 Seeing none I will close the public hearing 4507 03:27:08,139 --> 03:27:10,020 and open the floor for discussion 4508 03:27:10,020 --> 03:27:11,979 in the motion, Commissioner Ellis. 4509 03:27:11,979 --> 03:27:12,819 - Thank you Chair. 4510 03:27:12,819 --> 03:27:15,479 I move to approve Z187B. 4511 03:27:16,899 --> 03:27:18,299 - Commissioner Beck. - Second. 4512 03:27:18,299 --> 03:27:21,840 - Okay, we have a first and a second for approval. 4513 03:27:21,840 --> 03:27:23,159 Any further discussion? 4514 03:27:24,700 --> 03:27:26,940 Seeing none I'll call for a vote on the board. 4515 03:27:31,600 --> 03:27:33,459 Motion's gonna carry four to zero. 4516 03:27:35,420 --> 03:27:37,260 We'll move us to item D. 4517 03:27:38,100 --> 03:27:42,500 We're going to open the public hearing for Z18-0009 4518 03:27:42,500 --> 03:27:45,319 and I will call on Julie Wyatt for a presentation. 4519 03:27:52,100 --> 03:27:53,299 - Good evening, I'm Julie Wyatt, 4520 03:27:53,299 --> 03:27:54,899 senior planner at the City of Denton 4521 03:27:54,899 --> 03:27:58,340 and I'm presenting Z189 Mayhill Edwards. 4522 03:27:58,340 --> 03:28:00,760 The request is to hold a public hearing 4523 03:28:00,760 --> 03:28:03,620 and consider making a recommendation to city council 4524 03:28:03,620 --> 03:28:05,340 regarding an initial zoning 4525 03:28:05,340 --> 03:28:08,540 of regional center residential one, RCR one, 4526 03:28:08,540 --> 03:28:10,600 on approximately 15 acres. 4527 03:28:10,600 --> 03:28:13,940 The subject property is shown here outlined in yellow. 4528 03:28:13,940 --> 03:28:15,420 It is north of Edwards Road. 4529 03:28:15,420 --> 03:28:17,739 It's situated in the southeast part of town. 4530 03:28:17,739 --> 03:28:21,579 It's near the Mayhill new alignment and existing road 4531 03:28:21,579 --> 03:28:23,459 and also near Colorado. 4532 03:28:25,219 --> 03:28:27,600 Just a little bit of background on the property. 4533 03:28:27,600 --> 03:28:30,340 Like the previous case, 4534 03:28:30,340 --> 03:28:35,100 this does have a place holding zoning designation of RD5X. 4535 03:28:35,860 --> 03:28:38,540 This 15 acres that we're considering tonight 4536 03:28:38,540 --> 03:28:40,219 is actually part of a larger tract. 4537 03:28:40,219 --> 03:28:43,700 It's part of a 19 acre tract where a portion of it, 4538 03:28:43,700 --> 03:28:47,100 four acres of it was annexed in the early '80s 4539 03:28:47,100 --> 03:28:49,940 and during the citywide 2002 rezoning, 4540 03:28:49,940 --> 03:28:52,579 it received a zoning designation of RCR one. 4541 03:28:53,500 --> 03:28:57,840 Tonight, what we're considering is the initial zoning. 4542 03:28:57,840 --> 03:29:02,500 The applicant has asked for the initial zoning of RCR one 4543 03:29:02,500 --> 03:29:05,540 for the remainder, which was annexed in 2010. 4544 03:29:05,540 --> 03:29:08,819 And so you'll see here the proposal is to just extend 4545 03:29:08,819 --> 03:29:10,700 that existing RCR one. 4546 03:29:13,620 --> 03:29:14,659 When we analyze the project, 4547 03:29:14,659 --> 03:29:17,500 the first thing we do is look at the comprehensive plan. 4548 03:29:17,500 --> 03:29:19,299 This is in a business innovation, 4549 03:29:19,299 --> 03:29:21,379 future land use designation. 4550 03:29:21,379 --> 03:29:24,540 This is intended for large scale employment uses, 4551 03:29:24,540 --> 03:29:27,459 but also with supporting uses such as retail hotels 4552 03:29:27,459 --> 03:29:28,420 and residential. 4553 03:29:28,420 --> 03:29:30,379 RCR one in this instance fits 4554 03:29:30,379 --> 03:29:32,620 within the future land use designation 4555 03:29:32,620 --> 03:29:33,819 for a couple of reasons. 4556 03:29:33,819 --> 03:29:36,360 First of all, it permits the residential uses 4557 03:29:36,360 --> 03:29:38,540 and some of those commercial uses that are needed 4558 03:29:38,540 --> 03:29:42,299 to compliment the employment areas nearby. 4559 03:29:42,299 --> 03:29:45,340 Second of all, it does restrict the development 4560 03:29:45,340 --> 03:29:48,360 for these uses to a smaller scale 4561 03:29:48,360 --> 03:29:50,579 so that they would be more compatible 4562 03:29:50,579 --> 03:29:53,319 with the residential areas nearby. 4563 03:29:55,420 --> 03:29:58,620 The mobility of the area contains quite a few options 4564 03:29:58,620 --> 03:30:03,620 for the residents in this and businesses in this area. 4565 03:30:04,500 --> 03:30:06,739 The subject property is in yellow 4566 03:30:06,739 --> 03:30:10,180 and it is located on Edwards Road, as I said. 4567 03:30:10,180 --> 03:30:15,180 The entire 19 acre tract has about a thousand linear feet 4568 03:30:15,500 --> 03:30:18,280 along Edwards Road and that is a collector. 4569 03:30:19,959 --> 03:30:23,379 It is also near the rail trail, which is in purple, 4570 03:30:23,379 --> 03:30:24,780 and that's about a quarter mile away 4571 03:30:24,780 --> 03:30:26,680 as well as the Med Park Transit Center, 4572 03:30:26,680 --> 03:30:28,219 that's about a half a mile away. 4573 03:30:29,459 --> 03:30:33,219 And then there is some mobility changes in the area 4574 03:30:33,219 --> 03:30:36,899 having to do with the construction of Mayhill Road 4575 03:30:36,899 --> 03:30:37,860 and some new alignment. 4576 03:30:37,860 --> 03:30:41,540 So that is gonna be a regional road 4577 03:30:41,540 --> 03:30:42,940 within the city of Denton 4578 03:30:42,940 --> 03:30:46,840 and that is it will get near this property. 4579 03:30:46,840 --> 03:30:50,379 This area near the property isn't quite finalized 4580 03:30:50,379 --> 03:30:52,459 in terms of final design for Mayhill, 4581 03:30:52,459 --> 03:30:57,459 but we do know that some elements to it 4582 03:30:57,620 --> 03:31:01,459 that will probably move forward in the final design. 4583 03:31:01,459 --> 03:31:05,180 So here's a schematic of what is proposed right now. 4584 03:31:05,180 --> 03:31:07,700 Just to orient you, here's Colorado Boulevard 4585 03:31:07,700 --> 03:31:11,780 on the south end as well as here's that Edwards Road 4586 03:31:11,780 --> 03:31:14,579 adjacent to the DCTA rail. 4587 03:31:16,780 --> 03:31:20,319 In the future, as construction moves forward, 4588 03:31:20,319 --> 03:31:25,319 Mayhill will actually go north in this direction 4589 03:31:25,420 --> 03:31:27,459 and it will go over the railroad tracks 4590 03:31:27,459 --> 03:31:28,899 with a bridge. 4591 03:31:28,899 --> 03:31:30,899 I will then connect to parts north 4592 03:31:30,899 --> 03:31:33,139 to the construction that's going forward north. 4593 03:31:33,139 --> 03:31:36,100 The final alignment in this area has not been set. 4594 03:31:36,100 --> 03:31:39,180 It could either track to the west or to the east. 4595 03:31:39,180 --> 03:31:42,739 Edwards Road, this intersection here outlined in red 4596 03:31:42,739 --> 03:31:44,620 will actually go away. 4597 03:31:44,620 --> 03:31:47,299 And Edwards Road will veer north 4598 03:31:47,299 --> 03:31:50,260 and connect with the existing South Mayhill Road 4599 03:31:50,260 --> 03:31:54,620 in this area, which will then move forward 4600 03:31:54,620 --> 03:31:59,180 in order to connect to that new Mayhill alignment. 4601 03:31:59,180 --> 03:32:02,459 That connection will happen in two phases. 4602 03:32:02,459 --> 03:32:07,219 The first phase is that you would travel on Edwards Road 4603 03:32:07,219 --> 03:32:10,139 then connect to that old South Mayhill alignment 4604 03:32:10,139 --> 03:32:12,459 and then connect to the new construction, 4605 03:32:12,459 --> 03:32:14,139 the new road up here. 4606 03:32:14,139 --> 03:32:15,059 That's phase one. 4607 03:32:15,059 --> 03:32:18,219 Phase two will actually come in a little south of there 4608 03:32:18,219 --> 03:32:20,340 and will then hit this intersection. 4609 03:32:20,340 --> 03:32:23,959 So anyone traveling on Edwards could then go south or north 4610 03:32:23,959 --> 03:32:24,200 . 4611 03:32:25,459 --> 03:32:29,780 As part of the request, we also looked at the compatibility 4612 03:32:29,780 --> 03:32:32,979 of not only the zoning, but the existing development. 4613 03:32:32,979 --> 03:32:35,299 The subject property is once again outlined in yellow. 4614 03:32:35,299 --> 03:32:37,459 To the north and to the west of the property, 4615 03:32:37,459 --> 03:32:38,700 we have RCR1. 4616 03:32:38,700 --> 03:32:42,219 So we have already that RCR1 in place in the area. 4617 03:32:42,219 --> 03:32:44,280 And that to the north is developed 4618 03:32:44,280 --> 03:32:46,500 with a manufactured housing development. 4619 03:32:46,500 --> 03:32:50,540 To the east is multifamily and that's NRMU 12. 4620 03:32:50,540 --> 03:32:53,319 Further east is single family neighborhoods 4621 03:32:53,319 --> 03:32:56,260 and they have a variety of zoning districts. 4622 03:32:56,260 --> 03:32:59,299 To the west and southwest, you've got RCCD, 4623 03:32:59,299 --> 03:33:00,780 our regional zoning districts, 4624 03:33:00,780 --> 03:33:03,420 and those are developed with employment uses, 4625 03:33:03,420 --> 03:33:07,059 including medical, hospital, and then also Flowers Food, 4626 03:33:07,059 --> 03:33:10,139 which is an industrial bakery operation. 4627 03:33:13,000 --> 03:33:15,379 So RCR1, based upon our analysis, 4628 03:33:15,379 --> 03:33:17,780 is consistent with that existing zoning pattern 4629 03:33:17,780 --> 03:33:20,260 on the same parcel as well as an extension 4630 03:33:20,260 --> 03:33:22,139 of that existing zoning pattern 4631 03:33:22,139 --> 03:33:24,780 from the properties to the north and to the west. 4632 03:33:24,780 --> 03:33:28,719 If approved, RCR1 would consolidate zoning on the property 4633 03:33:28,719 --> 03:33:30,540 so it would facilitate development 4634 03:33:30,540 --> 03:33:32,379 under a uniform set of regulations, 4635 03:33:32,379 --> 03:33:35,700 including both use and development scale. 4636 03:33:35,700 --> 03:33:37,340 As we looked at in the previous slide, 4637 03:33:37,340 --> 03:33:40,500 this area is situated between some employment uses 4638 03:33:40,500 --> 03:33:41,860 and then some residential uses, 4639 03:33:41,860 --> 03:33:43,700 so it really is a transitional area. 4640 03:33:43,700 --> 03:33:47,319 And in that respect, RCR1 is appropriate, 4641 03:33:47,319 --> 03:33:49,780 given that it permits some higher density housing 4642 03:33:49,780 --> 03:33:51,459 with approval of an SUP, 4643 03:33:51,459 --> 03:33:54,899 also limited office service retail, those commercial uses 4644 03:33:54,899 --> 03:33:56,540 that could serve both the employment 4645 03:33:56,540 --> 03:33:58,700 as well as the residential. 4646 03:33:58,700 --> 03:34:01,219 Also, RCR1 has lot coverage 4647 03:34:01,219 --> 03:34:02,799 and building envelope standards 4648 03:34:02,799 --> 03:34:06,500 that are similar to the nearby residential areas 4649 03:34:06,500 --> 03:34:08,780 so that any development would be consistent 4650 03:34:08,780 --> 03:34:12,100 with those visual, with kind of the development pattern 4651 03:34:12,100 --> 03:34:13,000 in the area. 4652 03:34:14,040 --> 03:34:16,340 If the zoning is approved, any development 4653 03:34:16,340 --> 03:34:19,100 would have to meet all of our development standards. 4654 03:34:19,100 --> 03:34:21,819 And water and sewer are either available 4655 03:34:21,819 --> 03:34:24,479 or would be extended as part of the development. 4656 03:34:25,379 --> 03:34:27,000 Public notification was sent out. 4657 03:34:27,000 --> 03:34:29,780 We haven't received any responses. 4658 03:34:29,780 --> 03:34:31,420 So based upon the criteria of approval 4659 03:34:31,420 --> 03:34:33,200 in the Denton Development Code, 4660 03:34:33,200 --> 03:34:35,420 it's consistency with the comprehensive plan 4661 03:34:35,420 --> 03:34:38,700 as well as the compatibility with the surrounding property. 4662 03:34:38,700 --> 03:34:40,780 Staff recommends approval of the request. 4663 03:34:40,780 --> 03:34:43,579 I'll stand for any questions, and the applicant is here. 4664 03:34:45,459 --> 03:34:47,659 - Don't have any questions, thank you, Julie. 4665 03:34:48,780 --> 03:34:50,260 This is a public hearing. 4666 03:34:50,260 --> 03:34:53,620 I do not have any cards on front, 4667 03:34:53,620 --> 03:34:56,059 but anyone who would like to speak on this item, 4668 03:34:56,059 --> 03:34:57,540 please come forward if you'd like to. 4669 03:34:57,540 --> 03:35:00,270 You're not required to, but you're welcome to if you'd like 4670 03:35:00,270 --> 03:35:00,540 . 4671 03:35:04,739 --> 03:35:05,579 No, okay. 4672 03:35:07,139 --> 03:35:08,020 Commissioner Batt. 4673 03:35:08,020 --> 03:35:08,860 - Thank you, Chair. 4674 03:35:08,860 --> 03:35:12,219 I would like to ask the applicant, if he doesn't mind, 4675 03:35:12,219 --> 03:35:14,979 if he does mind, I understand that too, 4676 03:35:14,979 --> 03:35:17,819 share with us what, if he can, 4677 03:35:17,819 --> 03:35:20,100 what his plans are for this. 4678 03:35:20,100 --> 03:35:22,700 Do you have any concrete plans right now? 4679 03:35:22,700 --> 03:35:23,659 - No, sir, I don't. 4680 03:35:23,659 --> 03:35:25,219 We don't have any plans. - Nothing, sir? 4681 03:35:25,219 --> 03:35:26,659 Would you give us your name and address please? 4682 03:35:26,659 --> 03:35:31,379 - Randy Thompson, Stonewood, 4116 West Spring Creek Parkway 4683 03:35:31,379 --> 03:35:31,659 . 4684 03:35:31,739 --> 03:35:33,299 - Thank you very much. 4685 03:35:33,299 --> 03:35:34,739 - To answer your question, no, at this time, 4686 03:35:34,739 --> 03:35:37,139 we don't have any plans in the works 4687 03:35:37,139 --> 03:35:38,639 for a development project. 4688 03:35:39,979 --> 03:35:42,780 Without the zoning, there's not much we can plan for, 4689 03:35:42,780 --> 03:35:44,219 so we have to get the zoning first, 4690 03:35:44,219 --> 03:35:46,459 and then we can go from that point on. 4691 03:35:46,459 --> 03:35:49,540 - Okay, not a vision out there though. 4692 03:35:49,540 --> 03:35:51,979 Okay, all right. - I don't have the point. 4693 03:35:51,979 --> 03:35:53,059 - All right, thank you. 4694 03:35:54,180 --> 03:35:55,020 - Thank you, sir. 4695 03:35:55,020 --> 03:35:56,579 We don't have any other questions. 4696 03:35:59,860 --> 03:36:00,979 Again, this is a public hearing. 4697 03:36:00,979 --> 03:36:02,579 Anyone else who'd like to speak? 4698 03:36:03,500 --> 03:36:05,340 Seeing none, we'll close the public hearing 4699 03:36:05,340 --> 03:36:07,860 and open the floor for discussion or a motion. 4700 03:36:10,299 --> 03:36:12,100 Commissioner Sanchez. 4701 03:36:12,100 --> 03:36:16,100 - I make a motion to adopt Z18-009. 4702 03:36:16,100 --> 03:36:17,780 - Okay, Commissioner Beck. 4703 03:36:17,780 --> 03:36:19,139 - Second. - Okay. 4704 03:36:19,139 --> 03:36:22,059 We have a first and a second for approval. 4705 03:36:22,059 --> 03:36:23,319 Any further discussion? 4706 03:36:25,059 --> 03:36:26,059 Commissioner Ellis. 4707 03:36:26,059 --> 03:36:26,899 - Thank you, Chair. 4708 03:36:26,899 --> 03:36:29,040 Just real quick to thank Julie for your detailed 4709 03:36:29,040 --> 03:36:29,620 presentation. 4710 03:36:29,620 --> 03:36:30,780 I appreciate it. 4711 03:36:30,780 --> 03:36:31,940 You put a lot together there, 4712 03:36:31,940 --> 03:36:35,059 and it was very informative and helpful, so thank you. 4713 03:36:35,059 --> 03:36:36,659 - Okay. - Hear, hear, hear. 4714 03:36:36,659 --> 03:36:38,700 - Yeah, okay. 4715 03:36:38,700 --> 03:36:40,579 Any other questions or discussion? 4716 03:36:42,700 --> 03:36:44,219 Okay. 4717 03:36:44,219 --> 03:36:46,379 I'm gonna call for a vote on the board then. 4718 03:36:52,260 --> 03:36:54,440 Motion's gonna carry four to zero. 4719 03:36:56,819 --> 03:36:58,219 Good luck with your project. 4720 03:36:59,700 --> 03:37:02,340 That will move us to our final item 4721 03:37:02,340 --> 03:37:03,780 on our agenda this evening, 4722 03:37:03,780 --> 03:37:06,219 our matrix and concluding items. 4723 03:37:09,739 --> 03:37:11,139 I hit the microphone with a piece of paper. 4724 03:37:11,139 --> 03:37:12,459 My fault. 4725 03:37:12,459 --> 03:37:13,739 Sorry. 4726 03:37:13,739 --> 03:37:15,579 I'll wake everybody up. 4727 03:37:15,579 --> 03:37:16,860 Commissioner Beck. 4728 03:37:16,860 --> 03:37:17,739 - Thank you, Chair. 4729 03:37:17,739 --> 03:37:20,100 Is this the point where I, again, 4730 03:37:20,100 --> 03:37:24,739 bring up the issue of recommending to staff or council 4731 03:37:24,739 --> 03:37:28,059 to investigate the comp plan amendment 4732 03:37:28,059 --> 03:37:30,579 or a smaller amendment for the... 4733 03:37:33,819 --> 03:37:34,780 I'm sorry. 4734 03:37:34,780 --> 03:37:36,340 - For our workstation project matrix? 4735 03:37:36,340 --> 03:37:37,180 - Yes. 4736 03:37:37,979 --> 03:37:38,819 - Okay. 4737 03:37:39,700 --> 03:37:41,020 - To get on the matrix is-- 4738 03:37:41,020 --> 03:37:41,860 - Yes. - Okay. 4739 03:37:41,860 --> 03:37:45,620 - What we'll do is, I know we went over 4740 03:37:45,620 --> 03:37:47,579 some of the work session dates 4741 03:37:47,579 --> 03:37:48,540 for the variety of the topics. 4742 03:37:48,540 --> 03:37:50,299 I know one we're probably gonna have to adjust already 4743 03:37:50,299 --> 03:37:52,299 on the gas well. 4744 03:37:52,299 --> 03:37:56,739 So what I may do is try to move, 4745 03:37:56,739 --> 03:37:58,979 I'll rework this and get this out 4746 03:37:58,979 --> 03:38:01,139 by the end of the week, by Friday. 4747 03:38:01,139 --> 03:38:03,260 That way we have an idea. 4748 03:38:03,260 --> 03:38:05,299 But we will be adding to that 4749 03:38:06,180 --> 03:38:08,299 the discussion on the zoning changes 4750 03:38:08,299 --> 03:38:10,180 and then as well as the item 4751 03:38:10,180 --> 03:38:11,219 that you had brought up with the comp plan. 4752 03:38:11,219 --> 03:38:14,180 - Okay, very good. - I may even try to lump 4753 03:38:14,180 --> 03:38:15,219 bring all of those together 4754 03:38:15,219 --> 03:38:18,860 'cause there might be other discussions as part of that. 4755 03:38:18,860 --> 03:38:19,700 Or separate. - Okay. 4756 03:38:19,700 --> 03:38:21,780 - It's-- - Okay. 4757 03:38:21,780 --> 03:38:22,620 Thank you. 4758 03:38:24,979 --> 03:38:29,299 - With that, I will close our public hearing this evening 4759 03:38:29,299 --> 03:38:31,100 at 9.05. 4760 03:38:31,100 --> 03:38:32,260 - Thank you, everyone.