Apr 27, 2022 Planning and Zoning Commission on 2022-04-27 4:30 PM

good afternoon and welcome to the city of Denton's planning and zoning Commission meeting for Wednesday April 27th 2022 this is our work session and with a quorum present I will call us to order at 430 p.m. let their record show at this time Commissioner Anderson is absent going through our agenda first item is citizen comments on a consent agenda however we have no consent agenda so we're gonna move on to our next work session item which is our work session reports first one is 2a pz 22079 we'll bring up Charlie to present hi Charlie hey glad to be back and able to present to the planning and zoning Commission good evening my name is Charlie Rosendahl I'm the business services manager for the development services department here I'm here to talk to you today about a work session item that came before as a council request about a weekly automated notification an opt-in notification for development projects this started out as an item as you all know on the P&Z matrix and then it came forward as a two-minute pitch with City Council in January I just want to give a brief background on how we currently notify in the city of Denton we send mailed notices to owners within 200 foot of the development and then also publish a notice in the local paper and that's per state law on top of that the city of Denton sends 500 foot postcards to residents and then signs are posted on the property and we post public hearings on the city's website as a reminder applicants pay the cost of the mailings and newspaper notifications following that additionally we have some online sources of information about development projects so we have an active projects map that shows all of the current active projects in the city and then we also have a separate weekly project map that shows just the the last week submittals lastly we have a project information webpage which is a walk through site on how somebody can look at a development in the city it'll it'll tell them how to go to the active projects map what to click on how to go on our public meeting site and and look at the background information there so again the ask was for a opt-in notification system that citizens could opt-in and be alerted of notification area of new developments so what staff is proposing here is a solution based in our active projects map since that's the one that currently holds all of our project data what we're proposing is an online signup form and then our GIS staff would create a buffer distance based on what people select in that signup form and then at the time that we're creating these projects we would cross reference a new project in that buffer distance and have a tailored notification that goes out to somebody I'm telling them exactly what the project name is where it's at and then in the email template that we send them out we would also provide where they can find more information on that and then if you were just looking at the screenshot here it's just asking for a name email address and address and then the distance that they want to be notified so we could custom that to if you want a 500 foot notice if you want quarter mile whatever a specific buffer distance that somebody would want is yeah I guess I have a question with that particular the way it's worded in feet is there any way to maybe alter that at all sure I don't know if maybe something within so much distance to their address that they put in I don't know it just would be for somebody who wants to be informed of kind of projects all over I'm not sure what they would put there okay I mean thousands of feet you know what I mean it just seems that seems odd for the just kind of the regular person yeah I know it's seemingly how we do notices but it seems like for like the general public that seems like we could probably know I appreciate that we could probably do some type of a drop-down system that gives maybe a few options and then another and yeah probably would be ideal if for whatever address that they put in you know and then have it be you know whatever a quarter mile or yeah and then go into a mile or five miles or 25 miles or something like that Commissioner Anderson like that but is there a way y'all could have like a little map pop up with their address when they put in their address it pins their address and they could type in like if they selected a quarter mile or show a diameter circle does that make sense because I've seen some applications online before where you can go in and put an address and from your address you can put in a mileage or something like this of distance and it'll show you that parameter around your thing I don't know if that would be so yeah we have that feature on our interactive map but we wouldn't be able to build like a buffer distance feature into a form like this I think we would have the ability availability of somebody to like pin a location within the form but not display a buffer distance from there so I just wanted to recognize a few of the benefits and a couple drawbacks of the system that we're proposing when council discussed it they were looking at more of a fully automated system that somebody would go on but what we feel like a benefit in doing this is we utilize existing software we're not going to have to purchase a separate solution there's no additional cost to the city for doing this one of the benefits of this also is that customizable buffer distance a lot of cities that we've seen that do this and and we didn't find very many but most of them do zones a zone based system where you want just notifications about you know northeast side of town or or southwest side of town then you would pick that zone zone one or zone two this allows us to have a very customizable solution to that person and then also it's immediately deployable which is another benefit we're not gonna have to go through implementation we can we can start this soon like I mentioned it is not fully automated the piece that would not be automated is the email notification system so we would have to pull down a list of the people to notify that week and then send it through an email solution and then we wouldn't send multiple requests or multiple updates about a development as it's ongoing our thought is we would send a notice letting them know that the developments occurring and then provide the solution to where they can go in and keep following up on that as reviews happen and public hearing hearing dates are coming up commissioner Smith so explain that again Charlie just more in depth so I take for an example there's a zoning request it's on tonight that gets publicly notified it's on the agenda for some reason or another that we table that item for discussion for next time they would just get the notice for the first time it's noticed or would how would that work in that system if you can walk me through that yeah so the way we're imagining it is there would be a trigger at a certain point and we say hey just to let you know that there's a project project name project number at this location that has submitted an application and then through our new land management software system they can go online and see the information about that project or they can follow along on the active projects map and get get details on that so it wouldn't be a notice with every every change within that project it would just be a notice one time hey it's out here just so you're aware of it and is it gonna be just zoning changes or is it gonna be every type of notification that comes along is it we do the zoning change and then they submit a preliminary plat and then when it gets the final plan that's on a consent agenda item as it changes agenda as it changes agenda item names is that gonna change through every single time too or how's that gonna work so that actually it's coming up on the next slide unless anybody else has any questions oh so types of projects thank you for leading me into that what our staff recommendation would be is that we notify for things that are coming before P and Z and City Council and not those more administrative type projects a simple engineering plan because at that point we feel like that somebody might be frustrated in the fact that they don't have you know a way to voice their concerns to you all or to City Council because that's already gone through that phase of the project and now it's more administrative civil engineering and we're just reviewing to criteria and if it meets the criteria then it would be approved so happy to take feedback on that item Commissioner Smith thank you chair yes on that piece I think there's items I would I wouldn't say all projects in middles I would definitely say the items that we have not necessarily control but we have review and the right to approve or disapprove which is a lot of items but take for example items like final plats that are on a consent agenda item that we are you know if we disagree with the project as long as it meets the development code we have no we have no jurisdiction as a commission to deny it unless we can cite where in the development code that it's fault and so I think those types of items not being put out there not from a sense of we don't want to keep the public informed but I've seen in the last five years in the commission that sometimes we get some some citizen input and some items that get brought up on concerns that they have that really can't be changed at the standpoint that we're at at that point I think the items like SUPs and any type of zoning changes should definitely be included within there and then any items that are on there for an item for individual consideration but I think the problem with that is that you can have items that end up on items for individual consideration that are in a consent agenda item or in the items for an individual consideration that same type of you know a preliminary plot for example like we pull off consent agenda and put that that discussion and true vote instead of being taken in one whole chunk so I don't know how you guys would see it Charlie from that standpoint of how you delineate between those things but it might create undo angst from community members who maybe don't understand what's happening there they don't realize that they're developing by right and they're submitting something that meets the development code and therefore you get citizen outreach and we have folks coming up here and just to find out that sadly there's nothing they can do even if they don't like the project I think that might cause more issues than then it's probably being asked for than this so yes go ahead and talk to me great Tina sorry no I just wanted to clarify so you were saying that you would like for residents to be notified for all items that have the potential to be considered by the planning and zoning Commission that catch that correctly all items that we actually have basically a decision to say yes or no like a neighborhood input can make a decision of whether or not we approve or not it's like a zoning change right that we can go through as a commission and vote no on it whereas there's those items like final plots that are really more of an administrative process that yes city city staff has come and said it's a recommendation for approval because it meets the DDC unless we say it doesn't okay we can't we can't we can't vote no on it by by Texas Legislature tax law government code so I think it's more of the zoning pieces there okay so notification on the zoning and the specific use permits but not the plats that's what I'm sure that that's yeah and that's what I was trying to say to Charlie's that there's times when it's on a consent agenda item that we can pull its items to an individual consideration where we actually have discussion on it rather than taking in one large group but saying all items for individual consideration should be pulled aside and they should be notified on is difficult to do because there are items that upon individual consideration that are administrative in vote right so I'm not sure how to make that clarification different it might be a baby with the bathwater issue so in my recommendation if there's no way to delineate between those then it would be it would be zoning and the SUPs okay thank you let's let's try to clarify this where you have that recommendation Charlie where it says notify for only projects coming before PNC and council what is your definition of project so so for us a project would be those different ones so if you have a SUP then it's separate from a zoning case so not not as a project as maybe the general public would think about a project right they just see the site and it's being developed all as one item when we talk about projects here I'm talking about those individual ones that may come in a line to you all right I'm assuming when you're saying project you're probably not discussing plats correct thank you what we have noted here is that those items that require a public hearing would be the items that we would have the notification on so that's typically zoning requests the specific use permits there are some one-offs like projects in the razor ranch overlay district that I think technically require a public hearing we had one on your agenda here not too long ago but our primary focus on this and Charlie correct me if I'm wrong was on the public hearing items because those are the ones that were sending out public notification to the the residents or individuals where they would get some sort of notification and usually those are the projects I think folks are most interested in and that's the area where they have the opportunity to influence the decision of the planning and zoning Commission and Council it's much more difficult as Commissioner Smith pointed out when we have plats that are on the agenda or a site plan that's on the agenda for whatever reason that our ministerial approval if it meets all the technical requirements then you're obligated to approve it so that's where we feel like homeowners or residents would have the would probably get more frustrated and Commissioner Smith you picked up on that as well is that they'd get more frustrated because why I spent all this time came down to City Hall and you're telling me though that even though I don't like this project and you all should vote no you're telling me you have to vote yes then why'd I come down here right so so that's why we initially focused on just those items that are triggering the public hearing so that have the public notification requirement if anything they're getting a more advanced notice than the typical mailed notice that we receive and I think that's one of the questions also that Charlie's gonna be seeking feedback on is at what point in time do we notify folks on this because the fact of applications changes they're working their way through our review and in discussions with the applicant a great example is that you know there's only case that's on your agenda this evening Lisa and the applicant have been working on that for several months now and so you know do we notify the applicant right when that application walks in our door or do we wait till they get further in the process when we do the public notification and mail notes so looking for I think some feedback and direction from you on that as well and I think you're about to get that that part of your presentation right yeah yeah Commissioner Smith did that help with it did public being that it's public hearing only I think the only piece the reason why I brought the items for individual consideration is that we've had a precedent in the past on the Commission that even though items for individual consideration don't warn a public hearing we've had chairs in the past who've allowed for public comment on those projects and so it it would be messy to say they were only gonna notify for public hearings then there's comes up an item for individual consideration and you let this citizen talk about it at that time I should have been notified so I'd rather keep it as public hearing items and then possibly tighten down the individual for items for individual consideration public discussion part but yeah so that works Commissioner Perot thank you chair just a couple of process questions because I'm not sure how the the projects go through especially the the ministerial ones that you described are there ever applications where a developer will hold a community input meeting even if their plan is to do a by right development just to to see you know and be open with the community or is that really out of the blue that never happens I know it's saying never is dangerous but just in general have you seen that in the last two or three years I was to say I'm gonna defer to the peanut gallery over there because some have been here longer than I've been on whether or not we've had applicants do those meetings on by right projects good afternoon Haley Sikorsky we in the peanut gallery cannot think of any instance where someone has willingly done a neighborhood meeting for a by right development but that's not say it couldn't occur I don't know if that helps address the question yeah it does thank you and then I guess on the other side of things once once we have the pre-application conferences and all of the terms that I'm gonna forget the specific terms of the meetings if it's by right does staff ever inform the developers for a particular project about things that we know about the neighborhood that would be appreciated even if we have no authority to to force them since it's a by right development or is it purely just here's what the code says here's the guidelines good luck if there are areas that we feel might be able to offer suggestions or positive influence of development in other way especially if it's improving the development layout you know we try to offer those suggestions as part of our review if the plan meets the technical requirements you know then the applicant can always tell us no right but you know we can always make those suggestions you know if we happen to know that this neighborhood over here is going to be concerned regarding what type of screening that you install you know it might be in your best interest to choose from these items on the list even though you have the the full gamut available and ultimately is up to their decision as to as what they choose because if it meets our code requirement we're obligated to approve it so okay so and I don't want to say it depends but but you know I think there's when we have the opportunity to potentially influence I mean we try to do so but also in a reasonable manner yeah thank you that helps and I mean I'm just trying to think through all the different types of projects I think it makes sense to to focus on the items that still come before Council and P&Z I would just put forth the idea that if if you see an increasing number of projects that you wish you had more citizen input in even if they are by right maybe it makes sense to revisit this you know a year or two down the line and then I guess one other thing the the the broad city website right now I believe has a subscription functionality to the public hearing news section yeah is that right that's fair so I guess I would just wonder whether we could minimize staff time by putting a big bold notice on this form and say hey if you want to get all the public hearings please go sign up here right so that you don't have a number of people who fill out their address and say you know 15,000 feet and and it's more manual steps does that make sense yeah I see what you're saying yeah we can definitely point people to that option I think it goes back to the timing aspect of it because the public hearing notices go on the website at the same time that we're sending the letters out and posting it in the newspaper right which is kind of after the input community input meetings and that sort of thing have typically taken place right yeah if they're gonna hold a neighborhood meeting then that would have occurred before any type of public hearing okay would have and then sorry last thing I promise I wonder if and I'm not sure about privacy laws and that sort of thing would it be possible for projects again that are a public hearing type of item to provide the development community for that project a list of residents that had signed up to be interested within a certain distance so that they could be added to the developers list for a community input meeting yeah we could probably add that step in there right now we're providing that 500 foot the same ones that we're sending the postcard and letters out to you those get provided for neighborhood meetings so that the developers can send out the notices to those neighborhoods we could we could add in our process though the list of people within that buffer zone okay that's all Commissioner Smith to answer your question on timing I think the timing should be with Commissioner Smith yeah I really want Charlie to get through his presentation I don't think he did right did you get oh yeah I can walk over and then we'll get back to that I just feel like we did quite tidy and so the second bullet is talking about the project changes which Tina alluded to one of the the considerations that we have is if we're noticing as soon as we receive a project application there could be that month or a couple months timeframe before you all see it here whereas a project may change significantly and then the other the other item is that if we're noticing at the beginning of a project then someone may have a bunch of questions that we may not have answers to just quite yet we may have not dug into the project or completed our reviews so if we're noticing you know day one hour one and then somebody gets that notice and then they have instant questions that could be a lot on on city staff to need to answer those questions so our our recommendation would be to notice before any type of community meeting or public hearing so if if they do hold a neighborhood meeting in advance then we can notify prior to that and that's it all right and then this item I'm seeking feedback on these items we're going to City Council on May 3rd Commissioner Smith thank you on timing that would I know doing it before basically what you're saying is the staff recommendation is doing doing the notifications but while community meetings are occurring rather than doing it at public hearing notices is that correct right traditionally how far those apart usually about two weeks is what I've seen in the past when we've seen projects two three weeks and is that I want to make sure what kind of like what Commissioner Prue was saying does that create undue stress on staff by having to figure out for every single project when are these neighborhood meetings occurring and then therefore how do we need to push those out and when do we need to push those out because seems to me that the less stress on staff but still giving notification still giving public citizens the opportunity because a public agenda item to come and voice their concerns and give their input doing it at the time of public notice when stakes are in the ground and sign is up and that's and on the agenda and it's posted seems like the more efficient for both staff city as well citizens will give him that opportunity I get the neighborhood meeting piece but it seems to be a more efficient method I don't know if that if there's an issue with that in your opinion it would add a bit of complexity if we were going to do it before any neighborhood meeting obviously if we're doing it at the time of all the other notices there wouldn't be quite the complexity but you might miss out also on the opportunity for somebody who wants to provide feedback in a neighborhood meeting setting we are getting those neighborhood meetings sometimes not as far in advance as we would like but we do send those out to you all I think perceive the emails about neighborhood meetings that are occurring and we could do something at the same time okay I think I made my point now on timing but I think I think I think that it'll end up being sloppy personally that if a developer gets it to you 48 hours in advance the developer is not going to get the heat for not having notified everybody in time for not knowing about the neighborhood meeting the city is going to catch it and so it seems to be more efficient easier on you guys safer and still provides the opportunity by saying at public notice but I'm open to hear differences between there one item other question before I give it up the integration of this process or those notifications with submission a public comment is there going to be that type of integration where here's the notification any type of response can be driven through here or do you want to limit that just to those who are two hundred and five hundred even though technically anybody who lives anywhere can make those those opinions known they just don't necessarily get counted into the buffer rules yeah we would still follow our same response process that we do now but I think you guys are getting in your backups responses that we receive about any project so it would be similar to that if we received a response from somebody who had been in the opt-in we would provide that in your backup I'm just wondering about how you integrate can you integrate that basically this is the simplistic stupid way of my mind working in a link in there they said you want to provide response click here and it pulls it up does the does the response and send Smith's that in through the electronic submission system I don't know if you guys have that integrated in there if there's a concern on that we hadn't contemplated it it's something we can look into you okay that's all I got you thank you Commissioner Smith other comments thoughts Commissioner Prout thank you chair and I guess I understand that the goal is to keep effort light but I do think that giving people that early opportunity at a neighborhood meeting type setting is is crucial to get the input before the blood starts to boil if you will I guess my question would be you know the signs that we put up to physical signs at the site is the timing of the postings of that sign something that we determine or is that something that's state law driven you may take that state law does not require the posting of a sign on the property okay all the state law requires is that we notify property owners within 200 feet the day before that I think it's the day before the 10th day preceding the meeting is is think how that wording is but basically it's a 10-day mailed notice and but signs are not required so and and then we require the stuff we require so just just an idea to try to streamline it what if we were to amend our sign posting requirements to say you must post the sign X number of days before you have a neighborhood meeting and then you just use the the notification from the developer that I've posted the sign now as the trigger to send out the notices I think possibly the issue with that is a neighborhood meeting is not required it's suggested so it's not a requirement that sure and then it would fall back to our existing requirements of the timing of the sign being posted for 30 days or whatever right being that we Charlie Haley do we have specified in the ordinance the minimum number of days that the sign has to be posted in the DDC it's not specified in the DDC it's a policy document that we pass out to applicants that show them what the sign needs to look like when it's going when it needs to be posted which I believe is 10 days prior to the P&Z public hearing and then we have of course the affidavit that they returned to us that we include in your backup that that verifies that they have posted that in time okay so our policy is 10 the sign needs to be up 10 days prior correct so it's basically it syncs up with our mail notice requirement yeah so if that timing doesn't work that's fine I was just trying to think of some way to streamline it while still giving the public the opportunity at those neighborhood meetings okay thanks Commissioner Cole thank you chair all I really want to know is I'm worried about you guys being overburdened because y'all your plate is full staff's plates full so the only concern I have in your opinion would this be a burden is this too much for you guys that's what I care about I mean you know y'all are under enough is this add to that plate from from the noted notification process I don't think it's gonna add that much to staffs plate but from the collection of the need to respond to to people that have questions ever it's a result of the opt-in it could be a lot on the planning staff you know it depending on how many people opt-in for something like this if you're sending out hundreds of notices a week in advance of a meeting then if we're having to collect those responses and then analyze them respond and return it in your backup that's a lot on the planning stuff I would concur and that's been one of our concerns as we've developed this system and Charlie correct me if I'm wrong but because I remember we've had we've had several discussions on this but I think we were even discussing like limiting the number of times someone might be able to opt in or a distance from a property because of for example if there's a project happening in the southwest part of town but someone resides in the northeast part of town you know would they the person in northeast part of town be able to sign up for that project that's many miles away from where they live right and so to try and help manage that because of being concerned of just us getting inundated with with public comment but I can't recall where we landed on that yeah I think that the buffer distance would be open the way that we're looking at trying to decrease the possible in you know decrease the possible increase but to do that would be to provide as much information as as we can upfront to individuals so like I had mentioned before and I can pull this up after the presentation to how somebody might go online search a project and get information on where it's at and what kind of documents are attached to it so that they have a little more information upfront and it's you know at least then we don't have staff sending like here's here's the plans for this one or it'll reduce some of those items mr. Anderson thank you I wouldn't not like the idea of if somebody has a property in the north side of town and not letting somebody on the south side of town do that because you might have people who own rental properties that you know want to know what's going on on their you know the rental properties they have on the north side of town or the south or vice versa or you know on the south side of town so I would advise against not allowing somebody to opt in on just one section of area and because what if you know like I said property owner a developer wants to know what's going on over there too because they might have some property over there they want to develop and they don't want you know you won't let them in because they don't live in that area you know what if somebody out of town you know like a developer lives in Dallas that has some property on that side of town that's that's near some property that's being developed they want to know what's going on as well so I kind of I don't really kind of like that idea to be honest so yeah and I guess I'll just add to this I mean this what we're really talking about here is a notification right we're not saying we've got to provide all of this information to these people all at this time if they opt in for a project I would hope that they get a notification of the project and then they get an idea of where they can go seek information on it and put the onus on them to if they're interested this is the this is the place you go here's the notification that it's happening here's the place that you go and in that place that they go is the staff contact I assume if they should have questions I mean is that am I following the logic and in how that how this is gonna work yeah exactly that's that's the way we're visualizing it in the email you know you would you would provide a link and then say here you can you can go to view information about the project here you can find P&Z and city council dates on this website too so included in this is redesign of our active projects map and we've got a few items that we're gonna try to to clean up there and make it a little more user friendly for the general public and then that would include all of the information about the project as well and then at what point Charlie are you thinking the notification of a project would go out when it's set for an agenda already or at what point would you send out that notification through this system before any type of community meeting or public hearing is what what we're recommending how at the same time of other notices okay so at the same time that you would be sending out mailers you would be pinging this yep okay all right anybody else with thoughts or comments okay did we help get you what you needed to bring back to council yep I will provide the Commission's feedback to City Council when we present on May 3rd okay and then real quickly I just wanted to highlight the eTrackIt website so if you go on our land development page and you go to eTrackIt you're able here to search for a project and you can search project number here so this is what we would is this what you would point them to yeah we would provide links out to the active projects map and in this page and they would be integrated with the solution of the active projects map so they can find some site info contact information mm-hmm that's great all right thank you all thank you too okay that'll bring us to our next work session report which is 2B PZ 22075 I believe Haley is presenting that good evening again Haley Zagorski so this is just a quick update for you all last year you know we went through a series of of planning boot camps or training sessions we covered a variety of kind of high-level topics last year regarding just planning in general zoning and variances the shot clock we covered a couple of times so we don't want to repeat those topics necessarily unless there's just a particular interest in them but we are looking to continue just some some educational work sessions for you all to to give you a variety of topics and discussions so this is the tentative list that we've pulled together of things that we thought you all might be interested in or things that you've indicated through the matrix that you would like a future discussion on so some of these for example annexation parking drainage and transportation topics we've heard through the matrix portion of the agenda that you all have an interest in so we've slated those in for some tentative dates over the coming months as well as some some additional topics for example the city's municipal utility district policy will be going to City Council so we thought that would be something that you all might also have an interest in so we'd like to bring that forward so this is like I said our tentative work schedule for the year we wanted to get some feedback to make sure that there's not something that we've completely missed that you all are interested in a discussion on or any of these that you might just say you know what we were not interested in a discussion on that topic so simply just looking for feedback to see if if we have a nod of approval to move forward with this or if there's something else that you all would like slated on this agenda thoughts Commissioner Pruitt thank you chair now I think this list looks fantastic I really thank staff for putting thought and effort into this I think it incorporates some of the things that we've heard in a lot of our time over this last year only thing that I would ask is I know we talked a lot about we had that one boot camp item about sustainable environmental impacts to specific pieces of land right like riparian areas etc and and I don't know that this is the direction that's going because I haven't been following the sustainability framework committee all that closely but maybe as we get into next year if there are goals through that sustainable framework that are impacted by land use decisions as opposed to you know how a riparian area changes but things that that may not effects that may not be an effect of the land but an effect of air quality or other goals that that framework has and is looking at I'd be interested to understand what impact the land use decisions have on those things so that we can make sure we're aligned okay yeah we can certainly look into that anybody else everybody like the upcoming topics I'm sorry I'm gonna miss some of them be here for part of that anyway I'm thinking about it I just say yeah there's some that you would like to see before before August you can let us know okay that sounds good well and I think we also tried to be strategic in what we calendared and when because of a couple projects that we have going on but yeah we're open I mean if there's something that you feel like you would like to have sooner than later I mean let us know we were also trying to take into consideration if we have any new appointees to the Planning Commission in the timing of that would occur so so that kind of influenced our decision on some of those items but again we're here to respond to requests that you all have made Commissioner Smith I know there's gonna be a hot button discussion item on an affordable housing project that's coming off of Sanders and Country Club I believe so I don't know I know housing affordability is a 2023 item but I don't know if that's possibly discussion for earlier if it gets that point or if there's been developments in that project since the neighborhood was originally notified so I'm not sure what's going on with that specific project other than it's still in discussion and will likely come forward at some point in the future as a zoning request but we can certainly look into moving that up we were thinking just general topics that affect affordability like our development regulations parking standards things of that nature and how they relate to affordable housing so if that's of interest we can we can look at moving that up to get to it this year that and then including in that project once again it's possible topic and maybe that doesn't even come up maybe it's not even needed till 2023 but I think including the the the process of going through City Council for the inspection of being able to do that and how the housing credit or that the tax abatements work within that would be helpful as well certainly great anything else looks great Haley thank you all right thank you all appreciate it okay that is the end of our work session report so we will get on to clarification of our agenda items for this evening first one is our minutes for April 13th are there any clarifications needed on the minutes okay we'll go into items for individual consideration there's an election of chair and vice chair I'm gonna let maybe Tina reference why we're doing that sure thing thank you you're welcome so it was brought to our attention by the city secretary's office that apparently we need to be doing this in January so we're playing catch-up with some of our boards and commissions so this evening we will need to have nominations for election of a chair and then following that we would do the vice chair but it's just to get us in in compliance with the the city secretary's office if you don't mind questions comments so your mission or call it just seems like we did this just a couple months ago and and and understand your concern and and also we actually staff the planning team tried to advocate for potentially doing this later in the year because we know technically Commissioner Ellis is is termed out come this August so so we'll yeah potentially be doing this again depending upon what the results of tonight are but is but so we understand like I said we understand we tried to advocate for a timing that we thought would be in the better interest of the planning and zoning Commission but I was told no so to me it seems like yeah this is we're doing this twice a year that's what it seems like we're doing January and September so well and I'm happy to have a conversation and with the city secretary's office also maybe in the future about could we better align the timing associated with this because if we are finding ourselves doing this twice a year then their office may not be fully aware of that and keep in mind we have many boards and commissions that are throughout the city and so I know they're trying to probably have a more standardized process because they're trying to keep up with them all and so but I know their their desires to have there should have happened in January so but hence why we've got on the agenda tonight okay Commissioner Smith I think in aligning with thank you chair I think in aligning with terms for board for commission members makes more sense rather than calendar year since essentially what will happen is that if there's ever a time like what would happen in this September of this year then whoever is elected chair and vice-chair at that time will then have to also do an election January of 2023 so we're gonna and then and then depending upon it gets elected there if their term ends and that next September then it's being done again and so it might be a line it up with term limits that makes more sense for those so yeah so here I think we're doing something the secretary says we need to do so that's why it's on our agenda tonight and then Tina if you can maybe have a future discussion down the road and see if this makes what makes sense for future PNC's okay anything else on that okay let's move to item B which is FP two two zero zero one two Julie did you want to come up and say a few words about that item good evening Julie Wyatt senior planner let me pull up the presentation all right this is a final plot within the Robeson ranch plan development district they do have so it's for a new residential unit it is consistent with the with the PD they do have some items that they need to correct on that final plat so they have requested an extension to the May 5th PNC meeting and I'll be happy to answer any questions thank you Julie any questions on that item commissioner Cole yes on my map I can't see property owners to the north do you have I'm worried that this might be close to Coe Ranch okay I can pull up a map absolutely yeah for me so I don't I want to do everything right so I'd like to know where this is absolutely yes exactly if it's gonna be boarding our fence lines I didn't know that absolutely I can do that yes thank you so much anything else okay thanks Julie so you've got the next one anyway this one is also Robeson ranch this is FP 22 13 it is just for a piece of that Robeson Ranch Boulevard that's just extending that road a bit to the north once again there was a preliminary plat approved on this they do have some items they do need to correct on the final plat so they have requested an extension to the May 25th PNC meeting any questions on this one thank you very much our next item is PP 2 2 0 0 0 8 it is Lisa Payne's item preliminary plan I believe we're got an extension request on but I will let her present hi Lisa good evening Lisa pain and this is for a multifamily project that's east of I 35 it's a preliminary plot staff does recommend denial right now but the applicant has requested an extension for 30 days to the May 25th meeting and staff has no objection to that thanks Lisa any questions right now for Lisa on this one thank you very much our next item on the agenda is ZCP 21 0 0 3 1 that is Karina's item hello let me just pull up my presentation all right this will be an abbreviated presentation but I have additional slides so if you have questions please feel free to ask me and I'll pull those slides up so the request tonight is going to be for a site plan for razor ranch retail center so ZCP 21 - 0 0 3 1 so just quick overview the request today is to consider approval of a site plan for a fifty seven point seventy four acre retail development located in the south campus of the razor ranch overlay district specifically within the town center or our one sub area and these are our two sub area so just to orient yourself on the screen the thoroughfare that's going through the middle is West University on the north side is the marketplace where y'all had that item for the Home Depot so this request is actually on the south side of West University Drive so you'll see within this buffered area it was it's a weird lot so I didn't want to specifically outline it but it is located within the rr1 and south rr2 sub areas so the reason that you're getting this request today is because the razor ranch overlay district does require P&Z to approve all new development or site plans for all new developments in the south campus so that's why the request is coming today here is just a brief screenshot of what that looks like this is just the color rendering all those specific site plans and landscape plans are in the in the agenda packet so staff is recommending approval as it does comply with the criteria for approval for site plans in the in the overlay district so with that I can answer any specific questions related to the site plans landscape plans concept plans any questions that y'all have thanks Karina do we have questions for Karina on this item I do not see it and I know you've got the full presentation that will say I do I won't give her the full presentation at the regular meeting perfect thank you very much all right guys that takes us to our public hearing item for the evening z 21 0 0 1 7 and I will bring yep Lisa pain back up and we can get questions answered on this is recusing himself from this item we'll see you after I'm also going to do an abbreviated version of my presentation but y'all are welcome to ask me questions of course about it and this is the arm squared track which is also known as Baker Ranch and this is a property that they want to go from our art to Li the future land use is light industrial as approved in the 2040 comprehensive plan and the property around it as you can see in the this is the future land use map which has light industrial all around it and light blue and the light yellow is for low residential and then over here's the zoning map it's got rural residential over here and the in the green light industrial here in the light blue and this light greenish bluish color is a general office and I can take any questions about anything the applicants also here what questions do we have for Lisa on this I hit okay Commissioner Pruitt thank you chair I guess and maybe the full presentation gets into this and if so that's fine I can wait until till then looking at the map and it looks it's a the railroad track sort of on the east side of it right and so I was trying to envision where the the mobility of I'm assuming light industrial may have some truck traffic and that sort of thing might might go so if that's something that we're already planning on covering that's that's fine I'll wait if it's not do we have any information about that so I was gonna let the applicant do a lot of that stuff because okay you know the plan itself you know this is strictly for the zoning right not actually planned they do have a concept plan that was included in your packet but I didn't want to say any definite about what would actually happen but their plan is to come off of mosh branch also have an entrance on lovers Lane that future entrance on lovers Lane is supposed to 288 the future 28 supposed to go across there to be the new access there but mosh branch is supposed to be their main entrance exit they purposely are not having any direct access to Hampton okay thank you yes but it's not like you can stop people from using Hampton no of course any of the other streets off of university to get that way to expand on that a little bit and the applicant has spoken with the city and their their plan is to rather than it improving Hampton with their impact these to improve mosh branch instead going down to 380 to encourage the 18 wheelers to use that route to go directly from 380 to mosh branch directly into the development rather than going another way through the neighborhood right other questions before I ask a few where where do we stand with the parcel of land that is not being considered for rezoning do you have any updates on that so the latest that that part that piece of property originally the applicant proposed to the residents that he held neighborhood meeting with that he would build a park there and then dedicated to the city basically to do that as a way to create a permanent buffer so they'd be that much further away from any warehouse use as the time has gone on people have met the most recent is that the people that live around there are not interested in a park they would rather have it just be ag land there is someone who is willing to buy that property from the applicant and just have it just ag with cows and that's it the applicant has said that they are willing to do a deed restriction that would only allow our uses for 25 years and so that's where that stands on that but the applicant is willing he's still willing to do the park if that's what the city would like but he also wants to protect the residents that live there um yeah the issue that I'm having the biggest issue that I'm having here is why wouldn't pursue maybe like a PD with this particular parcel I get how pretty it fits in with future land use and the colors and all that and ally but you know we're dealing with a very special community in our city that's been there for a very long time and and I'm interested in in the protection that that they are getting and if we open this up to just a straight rezoning to Li yes their concept plan looks very nice we have no idea if that's actually going to develop or not or even if that develop and down the road becomes something else I mean it opens it up to everything that Li can allow so I guess I just want some feedback from you as you were reviewing this why we didn't maybe consider that or maybe it was considered and talked about I don't know and for this there we didn't find a reason for that to go to PD as as you might have one or two reasons that that maybe you want them sorry my words um basically there they don't have a whole list of things that they're trying to change about the zoning like what they want to do is going to comply with the zoning that they're requesting it's not like they're going to change many things about the landscaping or the building design or anything like that so what they want to do does comply with it I think this is probably just coming up because of the that extra piece of property that is it going to be parked is it going to be ag how much is it going to actually protect the neighbors or not well for me it comes up because with the zoning change I mean that a concept plan is not tied to a zoning change the zoning changes is changed it really doesn't matter what kind of presentation we get even tonight on the concept because it's not tied to what we're doing that's that's why I'm bringing it up because if it doesn't make for whatever reason and that happens all the time what could it possibly be if it doesn't happen to be this concept plan so I'll leave it at that Commissioner Villarreal I guess my question is about the the I know he mentioned that they would rather have pasture over park but who did he speak to how many neighbors responded and said they would rather have a pasture than a park that's kind of confusing me a bit so and Smith who lives in the neighborhood and I've been told is kind of the leader I've been told that she went door-to-door and talked to 40 of the neighbors and 39 of them said that they would rather have the pasture than the park they're the reason that at first the park sounded good the more they thought about it the more that they were concerned about possible homeless tent camps also parking they did not want a parking lot at the park but they also did not want anyone parking along Hampton or their neighborhood streets so basically that would make it where's a park just for them to walk to which is fine that would make it within the 10 mile radius for the parks which is part of their plan but so that eventually just became we don't want it to become a problem in one way or the other so we'd rather just stay the way that it is I think the issue from how I understand it is they didn't want a public park because that that's in it's inviting more traffic through the neighborhood it's invite I mean it's it's it's not really helping the rural way that they have been living yeah the proposed part was simply a linear park that did not have gathering spaces but it still could invite other people that don't live in the area to come there of course anything else thank you Tina did you have something to add I think I interrupted you I just was when you mentioned something and was wanting to get some clarification on so I know you expressed concern or made a statement regarding concern maybe some of the land uses that are allowed within the light industrial district so are there uses in particular or just the the potential intensity just was hoping to maybe learn a little more from you about that well I mean there yeah there were several from yeah other I have a list where housing and food processing and okay auto repair and gas stations and I mean there's several I mean I I don't have them all in front of you no no no no no no well and I want to make sure because my what I was reading between the lines was concern regarding potential intensity of land uses because you're right and and I appreciate you looking at this holistically because when we have a request to rezone property to a certain district while the applicant may have a desire of focusing on one particular land use to be able to develop in this case potentially warehouses on the property the LA district does allow for a wider variety of uses so you know as Lisa mentioned we did not consider plan development district the applicant was requesting a straight zoning associated with this the uses that are allowed within the light industrial district are uses that that are you know commonly found when property their zone light industrial the the proposed rezoning is consistent with our comprehensive plan recommendations in that area but so we did not you know we did not consider trying to limit the uses within that area the if the Commission is concerned regarding the uses that are allowed within the light industrial zoning district you know another option is to can consider a different zoning category for that property one of the things that we were discussing today as a result of some of the inquiries were receiving was the general office district the general office district does allow for warehousing operations associated with that it's considered of you know a more restrictive or lesser intensive uses I don't know if we've had an opportunity to have a conversation with the applicant to fully understand the uses that are allowed in geo whether or not that would be meet their needs as well given that they've requested the LI the general office district does have some more specific site design considerations that would come into play which from what I understand in talking with the team it's predominantly associated with landscaping greater tree coverage associated with it and I think it's about a 10% increase if if member searchman correctly associated with that but geo district does allow for warehousing distribution type uses so I'm not sure if if that is something that the that the Commission is deemed more favorable of I know we've had some other light industrial zoning cases that have come before you where you've requested consideration of the geo district and instead of the LI so the you know again we evaluated this based upon what the applicant submitted it was consistent with our comprehensive plan the the unique element associated with this request was the fact that the applicant was proposing to include that buffer on the south side but it was not being included as part of this zoning request so ultimately being that it's not part of that you know it would retain its existing zoning that's in place and until some future owner decided to come through and do something with the property we thought we had a potential solution with respect to a public park being there and and keep in mind not necessarily all public parks are actively programmed for recreational purposes this may have been something a little more linear in nature given the the way the the strip of land was being left but obviously the residents have expressed a concern associated with that so our our analysis is based upon what is shown outlined in yellow on that aerial and the the buffer that was just an additional benefit especially if it was going to be dedicated as a public part but at the end of the day we focused our analysis on on the area of the request and I'll add to that that I did speak with the applicant about the possibility of going to a different zoning district if that came up tonight and I'll let him expand on it later on but he did say that that's not something that they would be interested in the developer needs their requirement is that they have at least an industrial zoning or they're not their company does not allow them to construct on that property okay so not that this is tied to a specific developer it's just the land but the one that's planning to come in again who's requesting it sure yeah that makes sense and obviously they will be here with a presentation and you will have a fuller presentation okay for work session do we have any other questions to work out Commissioner Perrett thank you I guess coming going back to what chair Ellis mentioned before about how this is just the zoning and then there's the strip to the south that's separate right it may help our discussions go a little bit smoother if we understand what the options are in order to ensure both of those pieces happen options for what Commissioner Perrett well for for our direction going forward right it in other words right now it's it's a concept that it sounds like the the applicant would be amenable to a deed restriction and then there's some plans in place like we're not really discussing the parcel to the southeast in this in what we're talking in what we're voting on today I just wondered I just wanted to know where we stood but that's not anything that's going to be handled in our decision today okay understood thank you anything else okay thanks Lisa thank you we'll see you at the meeting okay okay that takes us to the end of our agenda so I will close our work session at 5 36 p.m. and we will be in council chambers at 630 thanks good evening and welcome to the city of Denton's planning and zoning Commission meeting for Wednesday April 27th 2022 I will call us with a quorum present to order at 630 p.m. our first item of business is say the Pledge of Allegiance to the US and Texas flags Republic for which it stands one nation under God indivisible with liberty and justice for all our next item on the agenda is the approval of the planning zoning mission minutes from April 13th Commissioner Smith make a motion to approve Commissioner Villarreal we have a first and a second for approval of the minutes from April 13th any discussion okay let's vote on the board please that motion carries seven zero that takes us to our individual consideration items taking us to 3a and that is the election of chair and vice chair for the planning and zoning Commissioner Commissioner Smith make a motion to appoint Margie Ellis chair for the plan zoning Commission thank you Commissioner Smith Commissioner Anderson I second we have a first and a second any other nominations any discussion okay we can vote on the board please motion carries seven zero thank you Commissioner Pruitt move to appoint Tim Smith as vice chair Commissioner Cole second we have a first and a second to appoint Commissioner Smith vice chair of PNC any discussion other nominations okay let's vote on the board please motion carries seven zero our next item is FP 2 2 0 0 1 2 and I will invite Julie Wyatt up to the podium hi Julie all right hi I'm Julie Wyatt senior planner with the City of Denton and I am presenting FP 22 - 0 0 1 2 this is a single-family residential phase within the ropes and ranch plan development they do have some items they still need to work through and so they have requested an extension to the May 25th meeting and staff has no objection thank you Julie any questions for Julie Commissioner Smith make a motion to approve the extension to date certain of May 25th 2022 Commissioner Cole second okay we've got a first and a second to approve that extension request to a date certain of May 25th any discussion okay let's vote on the board please that motion carries seven zero taking us to FP 2 2 0 0 1 3 hello Julie all right we're gonna stay in the ropes and ranch community this is for a final plat for a section of the Robeson Boulevard roadway this is a private street within the plan development once again they have some items they still need to correct on this final plat and so staff they have requested an extension to the May 25th meeting and staff has no objection thank you Julie any questions for Julie thank you Commissioner Villarreal I move to approve the extension to a date certain of May 25th 2022 okay we've got a first to approve that extension request Commissioner Anderson second we've got a first and a second to approve the extension request to a date certain of May 25th any discussion okay let's vote on the board please that motion carries seven zero that will take us to 3d PP 2 2 0 0 0 8 I'll invite Lisa pain up for a presentation hi Lisa good evening commissioners Lisa pain principal player for the city of Denton this is for a preliminary plat for a multifamily development that's east I'm sorry west of I 35 e the staff recommends denial on this plot as it has not yet met the criteria for approval but the applicant has requested an extension to May 25th PNZ meeting and stuff has no objection any questions for Lisa on this item do not see any Lisa thank you Commissioner Villarreal I move to approve the extension to a date certain of May 25th 2022 Commissioner Smith second okay we've got a first and a second to approve the extension request to a date certain of May 25th any discussion okay seeing none let's vote on the board please that motion carries seven zero that will take us to 3e ZCP 2 1 0 0 31 hi Karina right good evening Karina Maldonado transportation planner let me just pull up my presentation thank you all right good evening the request today is for ZCP 2 1 dash 0 0 3 1 this is for the razor ranch retail center so just very briefly a summary the request the request today is to consider approval of a site plan for a fifty seven point seven four acre retail development located in the south campus of the razor ranch overlay district specifically the town center rr1 sub area and south rr2 sub areas of the overlay district this is coming before you today because the razor ranch overlay district requires P&Z approval for all new developments in the south campus so that is here located on the south side of West University Drive so just going over the site very quickly it is currently approximately a 57 point fifty seven point seventy four acre lot so that is lot 10 r2 of the razor ranch town center addition it's located within two sub areas as you can see on the screen that is this general location at the southeast corner of I-35 and West University Drive the specific lot is kind of located here I kind of like to refer to it as a stingray lot and it looks sort of like a little stingray it does have a base zoning based in the 2002 Denton Development Code and zoning which is the RCCD district that district does permit retail restaurant professional services within this area of the the overlay district per the razor ranch ordinances specifically ordinance 2016 - zero one seven the subject site must comply with exhibits c1 d1 and e1 of the razor ranch overlay district this site plan consideration does include elements including a site plan a landscape plan as well as four sited elevations so just going over the site plan very briefly on the screen you'll see the actual entirety of lot 10 r2 however the proposal currently is for phase one of that development so as you can see the two sub areas are shown the south rr2 sub areas is that which is shown in yellow in pink would be the town center sub area and then the subject site or phase one of the subject site is located within that dashed area so phase one does propose or it does encompass 31.44 acres of the entire lot so it's not the entirety of the law but just a portion of it on the northern side it does include eight buildings totaling a maximum building footprint of two hundred and ninety nine thousand eight hundred and ninety four square feet that is the maximum square footage so you'll see there's kind of a dashed line the buildings that are shown look slightly smaller but they intend to have some sort of expansion so that square footage is related to the maximum square footage all buildings would have would be less than 46 feet maximum height the overlay district allows a hundred feet so they're well below those requirements to serve the development they're proposing one thousand two hundred ninety nine vehicular spaces to accommodate the retail or other permitted uses which would include restaurant and professional services the reason why you're seeing that listed even though this is a retail development is just to let you know that you know in the future if this develops and they have their tenants there's always the possibility that the tenants would change and these are the permitted uses and it would not affect to their total proposed parking so just wanted to make that clarification the razor ranch overlay district does permit the minimum parking to be exceeded so there's no maximum and so you'll see that what they're proposing is above the minimum requirement last they are taking access from I-35 from the frontage road of I-35 that's an existing driveway as well as an existing driveways off of West University Drive and so as you can see on here there's one two and three driveway accesses that are currently existing this is the town center signal that currently exists today so that would be their main drive going into the site other things to consider the overlay district for this area does require bike-ped connectivity within the site so what you'll see here I should have highlighted it better but I'll kind of show you with my mouse through the center of the site is the main drive there is an east-west main drive as well as one on the the western side those have all been widened to 30 feet to accommodate cyclists in that area as well as signage there's additional pedestrian connections within the retail site and it stubs out to the south so that future phase two would continue that connectivity and eventually serve the multifamily developments that are existing in the razor ranch overlay area so another key thing to note is phase two will submit a separate zoning compliance plan so you'll see that in the future once they submit for for that application and a key thing to note is that lot coverage this is following the 2002 code lot coverage would be combined for phase one and phase two so you'll see that the maximum lot coverage is 90% and they're not exceeding that currently but the two phases would combine to make sure that they don't exceed that so jumping into the landscape plan I've just provided you the color rendering because it was easier to show than the multiple plan sheets but they are proposing 31% landscape area 13% tree canopy coverage so far on the entire lot again these are these are based on the lot area versus the phase area so one thing to note is that the minimum tree canopy required is 25% and they'll be required to meet that minimum with phase one and phase two so you'll see that it's less than 25 percent however combined they would they would be required to meet that additionally they're providing as required by the ordinance at least they're providing nineteen point five percent patio and open space these are kind of spaces located between the buildings so there would be seating areas the pedestrian areas count towards their open space eight foot sidewalks with kind of benches and seating so you'll see that each building has a kind of a wider pedestrian area and that counts towards our open space as with the other requirements phase one and phase two will need to maintain a minimum of 15% so you'll see while they're showing nineteen point five percent when phase two comes in they'll show you an updated percentage that needs to maintain the minimum phase one does comply with all other requirements of the landscape ordinance or design standards which includes that eight eleven percent of the parking lot is landscaped they're exceeding parking lot canopy and that 21% of the parking lot has tree canopy and street trees are provided as required so this is just a couple elevations of the proposed development of the eight buildings I didn't provide all of them but they're fairly similar in style so the main area that key kind of once you go into the main drive what you'll see is is this portion here the main drive cuts through between the proposed Macy's and at home and again this is just for conceptual elevations the tenants may change in the future so don't don't want anybody to get hung up on the the tenants but this is what the proposed elevations would look like coming into the site and so with that there is criteria for approval for site plans for the razor ranch overlay district are shown on this on the screen I won't go through them specifically but the site plan does comply with the zoning for this area which is exhibit b1 it meets all lot dimension requirements of the overlay district the site plan and landscape plan do not adversely affect adjacent neighborhoods since it's central to the overlay district there it's already built out with retail and restaurants they're not actually impacting them they are providing vehicular pedestrian bicycle connection to West University Drive where there's existing facilities as well as into the razor ranch district as a whole and so the site and landscape plans also meet all the landscape architectural design standards of the overlay district so there is no public notification required for razor ranch overlay district site plans so you didn't see that in your packet but staff does recommend approval of this request as it does meet all the requirements of the overlay district and with that I can answer any questions that you have thank you Karina any questions I do not see any thank you we did receive one e-comment form filled out on our website in support of this project and I also do have a card wishing to speak on this item and I believe that is the applicant Amy how are you good evening commissioners Amy Bissette 97 land company 109 North Elm Denton 76 201 I have quite a bit of detail prepared in these slides but I'm just gonna kind of just walk you through them very quickly and then if you do have questions or would like to go into detail on any of them I'd be happy to do so I also want to note that Rick Coe is sitting behind me here he represents Fidelis who is the property owner and developer of this site and the remainder of the town center portion that will come in in phase 2 so as you know razor ranch is its own animal in terms of zoning it's got an old overlay district that was established in 2008 and encompasses 400 acres and the majority of the 400 acres at this point I would say is developed or is pending development at this point in time the majority of what's left is on the south side of University Drive and the two main property owners and developers within that that south portion are Fidelis and Allegiance Hillview and we are focused today on the property that Fidelis owns and Karina went through this but I just kind of wanted to highlight where this is located in relation to the rest of the razor ranch development along University you've got the in-and-out up here and some retail strip center development and then south of the site you've got the convention center you've got I-35 on the west Karina walked through the site plan but just kind of wanted to show you how that that overlays with the aerial that you were just viewing and just briefly want to talk about the areas of the razor ranch overlay that govern this site and specifically the the consideration of the site plan and the specifics associated with it and the overlay ordinance itself provides the criteria to approve the site plan and also the the dimensional and development standards for the rr1 and rr2 sub areas and the exhibit B1 concept plan goes into detail of what the allowable land uses are for each area and exhibit C1 is really where the detail and the meat comes in which is the the expectations of the site plan orientation and the architectural architectural elements so Karina already walked through the criteria for site plan approval and the development standards we do meet or exceed all of those and I do want to point out as Karina did that the 25% minimum tree canopy is for the entire lot and we're only developing 30 of the 57 acres today so that is a cumulative total that will have to be met and the remainder of in phase two the exhibit C1 architectural standards there's a couple of main elements that I just want to point out that we've spent a lot of time really working on demonstrating compliance and a superior development for this project and the first are related to site orientation and circulation specifically not just vehicular but pedestrian and bike circulation and that the the development is oriented around a central spine element and which I'll show you momentarily this that this does this this particular slide highlights the vehicular circulation and as Karina mentioned we do have widened main drives to accommodate bicyclists and pedestrians in addition to vehicles this which was included in your backup shows the the bike paths that provide access to all all aspects of the development as well as connectivity to University Drive and provide bike bike parking bike racks throughout the development as well this exhibit is specific to pedestrian circulation and runs concurrent with with the bicycle circulation and the widened facilities to accommodate both the spine element that is a key focus of this development is the main drive that comes in off of University Drive includes enhanced green space with multi-use trails benches and patterned concrete a number of elements that really enhanced that main entryway coming in to the to the development in the site and I've even got a 3d rendering here to show you kind of what that looks like coming in approaching the main from the main entrance the other main part of exhibit see one that we've we've worked hard to comply with is related to the building design as you all know there's a lot of there are a lot of elements in this ordinance about building materials which we also comply with but are is not as important at this point in time since it's not enforceable so we really worked hard to comply with the other architectural elements and specifically just to make sure that we're providing relief architecturally across all sides of the facade and material changes and color changes and both vertical and horizontal articulation and that is all I have at this time I'm happy to answer questions and Rick is also available to answer questions thank you thank you Amy I do not see any questions thank you thank you very much Commissioner Cole thank you chair I make a motion to approve Commissioner Anderson we've got a first and a second for approval any discussion okay I'll just say it's nice to see this part of Razor Ranch getting developed finally so let's vote on the board please that motion carries seven zero that takes us to our public hearing item item for the evening it is for a Z 210017 I'll invite Lisa Payne up to the podium for presentation and I will open the public hearing all right good evening everyone again Lisa Payne and this property and this is a rezoning request that's for 311.5 acres on a rural residential property and they would like to become a light industrial LI district the future land use designation for this is light industrial in the Denton 2040 comprehensive plan and it's generally located on the northeast corner of Hampton and Mosh Branch Road the property is currently has four active gas wells three of which are being plugged but other than that it's vacant except for agricultural uses and to the zoning is surrounded by residential to the northwest and south but on the northeast there's some LI and on the east is geo the Denton development code has general approval criteria and zoning criteria which is listed on the slide to summarize LI zoning is consistent with the Denton 2040 comprehensive plan as a subject properties feature land use designation is light industrial in addition all the surrounding property is designated as light industrial except for the single-family neighborhood to the south as shown on the future land use map the development shall comply with DDC requirements when it develops such as landscape buffer site and building designs and exterior lighting and the proposed rezoning from our to LI will make this property consistent with the future land use map designation of light industrial public notices were sent out in the newspaper it was April 10th website April 7th and property signs are posted on April 15th notices were mailed out to 22 of them were sent to those within 200 feet of the property and 26 were sent to those within 500 feet responses as for formal responses we got three in opposition and one in favor and the applicant held two neighborhood meetings on March 17th and April 13th staff recommends approval of the requested rezoning as it does comply with the DDC and I'm available for questions and the applicant is also here it has a presentation thank you Lisa any questions at this time commissioner Anderson thank you sure can you go back a slide for me I want to look at something real quick go to slide three please this one three yes okay thank you okay okay any other questions for Lisa at this time okay thanks Lisa did you say the applicant does have a presentation yes I don't have a card from them but whoever would like to come down I won't let you have the podium I will say also for the record that I did not mention before is Commissioner Cole is recused himself from this item hi if you'll just state your name and address you will have 10 minutes for your presentation yes I'm Lee Ramsey with Orson Holdings 525 South Loop 288 here in Denton and thank you guys for serving and spending time away from your families tonight we are presenting the zoning case a lot of what we're going to go over I'll move through quickly because Lisa already covered so I'll get to the points that that matter so I'm Lee Ramsey and Brandon Martino is my business partner we are based here in Denton our businesses are based here in Denton we're actually from here so we do have done lots of development around town as far as industrial and infield development so we've worked with the city very very closely since 2006-7 on doing projects throughout the city so we're very familiar with the city processes and and and applications a little bit about us if you look at our developments from our infield to industrial when industrial was needed in town we were one of the first ones to step up and when there was not any anything available to build spec buildings here in town the first ones on Western on the other side also downtown when there was housing needed we were some of the first ones to enter downtown and create housing for downtown so we've worked closely throughout different aspects of the city from industrial and multifamily to retail and infield to greenfield so we understand when it talks about integrity of about which parts of the city need need what uses thinking about the community which we'll talk a little bit about some of the steps we've taken here today and thinking forward about you know what does our city need in the future for jobs for for whatever uses that the city needs long term these are some local charities that we support we are very involved in our community so this throughout the years these are different things from the the editor to UNT to current my partner and I both serve on the the Casa board so we've done that for many years I won't belabor the site I think everybody's familiar where the site is and what part of town but it did have an exhibit to show that we also had two neighborhood meetings and at the neighborhood meetings we offered for any residents to come meet with us one-on-one in our office and we did have a few take us up on that which was which we enjoyed because it whether they agree or disagree it gave us a chance to at least communicate at a higher level so I was thankful we did have a few residents take us up on that this this exhibit I think is important so as we looked at putting this LI zoning which is which is in accordance with the comprehensive plan the 20 40 plan that was just accepted and the 2030 plan that had business innovation that transitioned to LI we thought to ourselves how do we protect this neighborhood because we looked at is as if we did live in this neighborhood and and we know an LI zoning is a industrial use and ranch estates and some of the other residents have been there a while so that's why if you wonder how why we picked and what we did there that we were trying to figure out how in long-term future that that would protect a buffer forever and we came up with a few other ideas which I'll get to in a minute but ultimately it's 34 acres as a as a buffer but part of that six acres or so is going to end up being a city right away that we have to dedicate for future right away and then about 27 and a half acres will still be in 35 acres or 34 acres will be in our total but 27 of it will be left after so this is a concept plan this is what the future mobility plan shows if you notice on the bottom it shows a road connecting all the way to Windsor Drive all the way back through the future Luke 288 so we do have to dedicate that right away but what we tried to do we tried to say how do we limit access so that the northwest roads through the neighborhood can never connect so we had our original idea was to possibly provide a park land dedication there and debt and build that park and dedicate it but you know we have neighborhood meetings for a reason so as we met with the neighborhood there were some things that they had concerns about which I'll get to those comments in a minute as a park being there it would never allow any access through that I'm just kind of staging our train of thought and why we would do that it would control what could ever be built there nothing and it would never allow any connectivity so and it'd be maintained by the city long term but as we met with the city I agree with some of their concerns about those things which I'll get to in a minute if you notice our access future Luke 288 will be coming through on the north side I believe they're gonna start in 2026 with their land acquisition or construction I don't remember the exact dates on that but somewhere in that area and if you also notice we're going to connect to our only connect point and connectivity is coming down Mosh Branch there's not any connectivity into the neighborhood this is a concept plan that we just did if if that right of way isn't constructed through there so leaving Hampton Road just as it is now the ultimate connection is probably going to be different at at where it comes off of Mosh Branch into the subdivision that's probably going to end up at a little u-shape or an s-curve tying that in so it's probably going to be a little different that's going to be through the platting working through with engineering on how that connection point is made so that may change up a little bit just on how that connection point but it will not be along Hampton Road per our current plans this is a cross-section to show the open space that whether it is just open space or it's whether it's a park if you notice it comes across that's a current stand of trees between the neighborhood and our development and then after the 200 feet which is actually closer to 300 feet once you have the right of way dedication so you have the right of way dedication and then 200 feet open space and then on the property side of that there's another 35 feet which is required from RR to LI so that's another reason we left that RR so that would buffer would be required and another reason a building facing the public space or RR that it can't be a back of a building it's got to be a front of a building so that was another reason we decided to leave that as an RR zoning so if you notice here this just is a little bit of a cross-section to show what that buffer could look like this is just an exhibit to show we are going to close in three gas wells we're going to leave the one it's kind of hard to read but the two to the far north and then the one to the southwest the the one to the southeast will be staying an existing gas well and we're relocate getting rid of all the flow lines and putting it in the one flow line going to the toward the west to connect in the Targa's line this is a final section of what will be required at the corner of 380 and Mosh Branch with the turn lanes there Mosh Branch will be worked out throughout as we get in the platting and there's a staging phase of the buildings it will be worked out to what parts of that are improved but the goal is the goal is to be not build what would be normally required of Hampton Road to be able to use those funds to Mosh Branch so whatever improvements need to be on Mosh Branch we can we can allocate those funds there's been preliminary meetings with the city engineering on that to be able to decide how we allocate that to improve that instead because there's really not a reason to improve Hampton Road today it doesn't benefit the neighborhood it doesn't benefit the development so any of those dollars we need to allocate over there and that's not been agreed on by the city that is that'll be worked through during platting but it's our intention and the meetings have been positive so far with the city on that but that still needs to can continue to work through on the stages of that with what right-of-way acquisitions are needed and other things there I didn't know if you guys had seen this but this is the future plan for the total loop 288 I just thought I would include it so for informational purposes so as we met they had our city meetings there was lots of topics about we just listed a few of them here the park area sorry the park area and as we talked through it I thought it was a really good idea in the beginning but then I understood some of the city's concerns I think it is the ultimate way to protect the neighborhood as far as the city controlling that but as I visited with them I understood some concerns about parking and homelessness and more traffic so we worked through that with them and came up with some other options there is a neighbor within the community that's willing to buy the parkland area and obviously we will come to an agreement on that and as long as we put a 25 year deed restriction on that that it can only be agriculture because I think the neighborhood likes the the country feel and I believe that buffer leaving an act could could still help with that and we're in agreement with that and one of the neighbors is in agreement with that as a matter of fact I met with him this morning if that doesn't work we'll happily hold that land and put a deed restriction on ourself because you know we're okay to dedicate that as a park put a deed restriction for 25 years or sell it with a deed restriction of 25 years so we're really trying to communicate look guys we care about this buffer we understand it's an industrial development but what can we do to protect the neighborhood as long as we can and still make the neighborhood happy and make make the city happy to be able to get our zoning done we talked about the park do I have any more time could I have yeah just I'll move quickly just I just wanted to list some neighborhood comments that we addressed and walked through which I think are important so we talked about the park at night and homelessness and some of those things so we gave some ordinances about what how the city can control that it doesn't look like that's the way we're going to end up so I won't waste our time too much on this talked about drainage that those things will be engineered at the platting fencing we talked about you know what type of fencing would be if there was a park how would we connect that we worked with some neighbors that if there was a park we would provide an extra fence but again that doesn't look like the consensus of the way we're going this is just another exhibit showing the parkland dedication and what the what the right-of-way would look like or if we just left it open space ultimately this would be mosh branch and this road would just be dedicated so all this would still be open space concerns along traffic along Hampton again I've kind of visited about that we've had preliminary means we're trying to get as much traffic as we can to mosh branch and to loop 280 are to lovers Lane in the future loop 288 as as its comes in there's some things about when when was the neighborhood going to be informed about the roadway and that was part of the 2040 plan we just had some discussion around that in our neighborhood meetings and the mobility plan we had some discussions with a few residents about what are the ultimate concerns the some of the biggest concerns are obviously traffic and I've discussed what we're doing that we've met with the neighborhood and also said we will advocate which we've got a letter prepared to send to the city to advocate to say okay can we get no truck signs on 380 like Lakeview has on east of town when you go by that there's no truck signs going through Lake Lakeview can we get speed limit signs up leaving the RR portion so it can't come through and I can go through these if I can have just one more minute these are some comments that so there's some comments about light pollution and that's another reason we left it RR because that makes it will plot that lot separately so that makes the property line further away from the residents and by city ordinance the foot candle at the property line so if we plot that as a separate lot it pushes that foot candle further away from the residents so something we tried to work through and quoted some exterior lighting standards that says what we have to do at building permit noise pollution again that's why we put the buffer in there this is just a quick measurement to show how far we are away from residents and structures so here's the resident on this side this is over a quarter mile on this side as you come down to this road it's about with the right away and the buffers about 350 feet we showed it from here to here to the edge of the parking lot about 302 and then to the back of the first building I know I'm moving quickly and I've got more but we'll stop there if there's any questions commissioner Smith thank you chair mr. Rimsky go back two slides yes sir thank you just weird you're moving fast I just wanted to look at real quick okay can you go back to the slide that you had that had the gas wells on it I must have missed it I'm sorry couple forward you said there's one that's not gonna be covered to the southeast key point that out the mouse yeah this one is gonna stay in further Lee it was a producing well still at a high level so the oil and gas company wasn't willing to work with me on closing that one they were willing to work with me on closing these three well can you go and show that on the concept map again then where now that I saw that you're kind of flying through it earlier so go to your concept map so it's gonna be right there yeah so it's gonna actually be here so this is the buffer area that kind of comes up through here whether it's you know left open as acreage and this is where the car the pad site and the access will still come through here to access that well okay understood on the deed restricted sure structure you said that if the neighbor and you do not come to an agreement on the land and put a deed restriction on that you said your alternative you kind of move through that quickly so you said your alternative was gonna be you guys would keep the land and put the deed restrict on yourself to keep it agricultural yes five years we will we will do that now that the risk to the neighborhood is that if for some crazy reason you know I kicked the bucket I'll have to go to my trustees that will continue that deed restriction then they have to trust me that I'll keep it at that point right and so again our offices here in town and we do multiple developments in this town so we're gonna honor that and I understand that that's my word saying here we're gonna honor it but the only the first option I brought was to look at a park and because that would forever lock it in but I understand the neighborhood like that why they wouldn't want that right because of the things that could come with that so that's why we came up with this option to do this and so whether Austin Baker buys it and I'll hold the deed restriction or I keep it with my own deed restriction for 25 years either way possible Lisa can ask you a quick question two things one by not having Parkland dedication within there is there an impact fee that they have to pay instead by not including that or is that just something that with industrial developments there's no requirement for any Parkland or fee at all so this is just completely separate and then play it play a hypothetical game for me they put a deed restriction on it neighbor or somebody else buys it and has there for 25 years 25 years from now that deed restriction comes up what then it re it goes back to being free open land that's designated as RR that can be rezoned for whatever use the the individual owner can do with at that point in time whether it's in the zoning piece I mean what's the what's kind of the hypothetical 25 years from now right it could stay the same or zoning wise you know cities don't have authority to control deed restrictions so you know maybe it gets rezoned but that deed restriction would just still be in place where legally somebody can take care of that outside of the city and go to a district court and keep that deed restriction for the ag use in place so let's just pretend for easy number 20 2047 this this this key restriction gets lifted it's not our agricultural somebody else comes forward and puts up a project they can rezone at that point in time probably to whatever yes that makes sense for our future land use that kind of thing okay all right got it if someone tries to sell that land but it has that 25-year deed restriction let's say that as Mr. Ramsey mentioned earlier he kicks the bucket his trustees take it over they don't they don't honor or look at it they just they sell it to somebody else even though the dedistrictions out there they ignore that piece they sell it to somebody else are you saying then that the city doesn't have any jurisdiction or doesn't see those deed restrictions so there's a possibility that zoning could happen there but there's some conflict there walk me through what you said there a second ago there is a little conflict between zoning and dedistrictions but the state law is that you cannot enforce deed restrictions and zoning that's why he said has deed restrictions and the rest of the city or the state has zoning so it's up to usually the individuals or the neighborhood to make sure that the deed restrictions are enforced okay so while this could come before PNZ and council at any time for a zoning change approved and everything else and nobody would know because the deed restriction has to be really enforced by either the individual or the other people who know about the deed restriction yes our audience would know okay all right just want to make it I want to make it clear yes thank you other questions for the applicant and I just want to remind everybody we're not really talking about that piece of land that's been cut out of this zoning request yeah so keep that at a high level anything that we decide tonight it has nothing to do with that land that is something that they still need to figure out so couple questions that I have while we see if anyone else has do you have a decision on that tract I mean do you have a plan for when you're making that decision and what you're doing so what our intention is is after if we were going to sign a contract with whoever is going to purchase it we would do it now but it would be contingent upon once we get our final plat approved and the only reason why that is is because we're gonna have to put some water line and sewer line easements and drainage easements through that tract and I would want to make sure all those were in place before that was transacted so that the plan would be as of my meeting this morning to obviously we want to leave it RR for the first level of protection would to be transacted to Austin Baker for our meeting this morning he has interest in that what is your time frame if you do get the zoning change approved what is your time frame for the development that you gave us this concept plan so it would be a phase development we have chosen Exeter to be the final developer of the project and Exeter is actually the guys building the million one or a million two square feet maybe right now in Western Boulevard and actually building the other half of Western Boulevard through development agreement and so the reason we picked those guys is because one well they also built the 600,000 foot spec the biggest building I ever built and didn't that Lowe's went into I sold them the 104 acres they're developing on now so I have a relationship with these guys and they've done everything they said they would do with me and they are very a class a product very well funded so that's the reason I've chosen this group we have lots of people interested in this property after we purchased it but we chose them specifically we never put it on the market we we've worked hand-in-hand with them because they are responsible they understand the city processes they've done development agreements with the city to build roads so there's a reason I handpicked those guys to be the end developer yes so they will start platting immediately I'm sorry I didn't get to your question start plotting immediately and then it will be a phased project they would build building one or building two at the beginning and then as they lease up they would continue the project so it'd be started in the near future probably 12 months by the 8 to 12 months that helps with the start so I'll ask you what I brought up at the work session which was when you're talking about all the neighborhood protections that you want to have in place and you mentioned that countless time in your presentation why did you not go down a PD route with this request when we could actually could be discussing all of those protections and actually have them codified with what we would be voting on today because everything that you mentioned and everything we're really talking about is just conceptual at this point there's nothing that would tie anything to the zoning change if we approve it to Li and ultimately City Council does but so question sure so most of what we needed we was within the Li zoning and really the PD is for extenuating circumstances like if a site has certain things that you can't meet the code or you're trying to do more density and then give extra green space in this project we knew we were given that much green space and then throughout the project with the floodplain areas and that was gonna sit you can't count it as green space but it's still open space so we really didn't see a reason for the city didn't code that we needed to because most of our uses were in line we were meeting our green space requirements we were giving more open space than what the code allowed so we really didn't see and it's always supposed to be really used for special circumstances and it would be hard for me to say yeah we need a PD for these special circumstances and I don't have a lot of those things so that's the reason we went with straight allies only well to me I think you do have some special circumstances here you've got a as you know I mean how special that community is and has been here and is well established you've got special circumstances of roads being highly inadequate for the kinds of trucks that you are going to be bringing into that site that we could you know you talked about you know allocating money and only improving you know I mean all of that the signs I mean all of that could have been done within a PD I mean those are the special circumstances that I think do exist so well we can just agree to disagree on that but thank you for answering the question any other questions right now for the applicant okay thank you very much we may call you up again thank you evening goes I do have some cards people wishing to speak so a Rebecca height is the first one I have if you'll come to the podium and set your name and address you will have your time will begin you'll have four minutes thank you for hearing me I appreciate it I'm Rebecca height I'm at 3800 Hampton Road so we are on the corner where you see the corner on the what is that on the west side or east side there the corner on the east side there's a house there and then we're right beside that our property line is at that corner part that meets so first of all of course we don't want the industrial park we don't want to see that through our backyard we also had concerns about the traffic the trucks that are driving through there we also have concerns about traffic driving through our residential area currently it's a very safe locked-in residential area where people walk and enjoy kids walk their dogs elderly walk their dogs it's just a nice safe community so we do have concerns about traffic and it has been discussed with signage and so forth so I'm not sure where we'll end up with that but we would really not we would really prefer it not to go to IL we really would if that's at all an option if we could keep it residential we had actually spoken about having it being residential at one point with an overlay for two acre lots or five acre five acre lots I don't think that ever was approved but that was something that we had discussed at one point in our community meetings we also understand that it is most of that is industrial but we would really appreciate your consideration because this is going right in our backyards and and some people they're going to be looking at it directly straight on so thank you for your time state your name and address and your time will begin hi hi I'm Anne Smith I live at 2013 Cindy Lane and thank you for being here and taking your time we appreciate your work that you do for the city of Denton Denton is characterized by exceptional livability the diversity of choices available to all people in employment lifestyle neighborhood settings and our North Texas values and cultures to find what didn't is and what we have to offer we have four strategic directions the character of Denton our people our institutions our government the strength of our economy sound growth our form and function Denton is a city built on character and the preservation of that character creating new complementary development is central to the committee's goals as it moves forward Denton is consciously green we are a leader in our commitment to sustainability and we have a significant urban tree canopy we also have seven hundred and fifty three thousand dollars 100 in the tree mitigation fund which we do hope that that fund is used for replacement of trees when development comes in and takes trees out the above statements were found in the Denton 2040 comprehensive plan when you find a bird's nest in a tree or you find a little rabbit's nest under a bush and somebody wants to come and cut the tree down or cut the bush down or move the bush or whatever somebody could justify it by saying well the bird or the rabbit will find another place to live an industrial complex or a multifamily rural or residential complex developer can see land that they want they have a vision what is next to the land is secondary in that vision just like the birds and the rabbits because the developers have a desire to create something on the land they may not have a desire to respect their soon-to-be neighbors ranch estates is not new we're old our covenants were recorded with this Denton County in 1963 that was 59 years ago you are the gatekeepers you look at each organization that comes in here and to Denton that wants to build something move something or replace something it is you the board who does not wear a political color of red or blue or does not see you with a biased eye it is the board who should have the backs of each and every citizen of Denton the current organizational chart updated October 27th 2021 says that the board commissioners and committees are on the same line as a city auditor both are under the City Council and the City Council is underneath the citizens of Denton we have a hundred and fifty one thousand two hundred and nineteen souls in Denton we need strong leaders with strong vision who will identify the quality of life for their citizens to have a meaningful vision for all of us here if you're from Ranch Estates would you hold up your hand please we have 60 households in Ranch Estates I was able to contact 50 households of the 50 all 50 but one wants the if this zoning is goes to light industrial and if that park strip the 34 acres is available to be purchased and to stay our are that's what we wish everybody wanted the 50 49 wanted that option I do think that the city that Ranch Estates feels that we would like the section of land to stay our are because it is beautiful rural residential land thank you thank you Smith the next card I have is Julie Kleinkopf you'll say your name and address your time will begin Julie Kleinkopf and I'm from Ranch Estates too and I didn't prepare anything I just wanted to show up and say that everyone in our neighborhood that I've spoken to does not want it to turn to light residential until it absolutely has to so according to the plan that would be 2040 for Denton's vision and if we could come up with something else at that point that would be what I would vote for and we just love all the green and I think and did a really good job of you know explaining that some things just need to stay country and maybe large lots or something else would be preferable for my husband and I so that's all I wanted to say thank you next card I have is Jim and Jim I am sorry I do not know how to say your last name Poi raw if you'll say it for me I apologize the parole sounds like a cross but I'd like to join those saying thank you for being on the planning and zoning we understand how much time it takes to do your job Peggy and I have lived on Hampton Road for 46 years we came a long time ago and it is a delightful community if you come out and take a look there's chances are you'll see people riding horses and they'll have donkeys and goats and whatever they love animals and so when we heard of the change in zoning the first reaction was how is that going to affect us and I'd like to compliment the developers because as we read through what the developers were proposing it was clear that they were looking at the residents and trying to do a job that would satisfy us we know that that land sometime is going to be developed is what going to be right in the middle of Denton before too long and so our assumptions were it's going to change and then the other is how do we support a change that's going to live leave our community alone and I I think the idea of the park originally had all of us not excited but certainly pleased and now that there's the possibility that a resident will buy that and keep it as as ranch and I don't know if it was clear but this individual is going to sign that he or his family would not sell that land for another change the zoning in the land for 25 years and I don't imagine I'll be around to see if what happens at the end of that 25 years but that was a significant commitment that the buyer made so thank you for everything you're doing we support the development and we thank you again I don't have any other cards wishing to speak but this is a public hearing you certainly can come down to the podium hello then thank you very much I'm Gary Hellman live at 3900 Lariat Road and I guess really as this goes on there's more and more questions as I heard you talking to the gentleman from we're in about what needs to be planned as a visit with neighbors and I emailed and and I don't know whether any of the copied people read it we got to talking about employees there how many employees are going to be in this area and how many personal vehicles because we've been talking about trucks trucks trucks but how many personal vehicles will be going in and out of there that was one of the questions and and I think they tried to answer when loop 288 would be finished because that could really relieve a lot of pressure to the area so as this goes on it seems more and more thoughts given to other things besides trucks in the warehouse I saw some emails and I guess we're beginning to accept the fact that of everything that could be put in there even if it was houses us even close to the acreage that we have that the traffic is going to be more and this is probably the lesser of all the evils that could go in there because industrial would you know heavy industrial manufacturing that wouldn't be a great thing my grandparents old home and in Taylor's got Samsung moving in two miles from them that's it's just what could happen is going to happen because it's property the Bakers have the right to do what they shall with it but it just it just bothers me that the fact that there's still questions popping up that seem to address things like the egress to the property still need to be answered I'm not really for it but what can you do the I have to agree with questions I think the P&Z has brought up that there needs to be more questions answered thank you for your time is there anyone else wishing to speak on this item did you already speak you did not yet okay sure come on it please no you're fine thank you and my name is Toby carconia I'm at four one one five Hampton Road which is the furthest West house on one on Hampton so I will be three hundred and two feet away from the back or the front of the first building for 20 years I've woken up and been able to look at my specifically large window in my dining room and and to see the trees and the cows and the donkeys that somebody mentioned and so I really don't want that to end I don't want that to go away so I very much appreciate the fact that the park was proposed and now the Baker's potentially taking over that to preserve what I see every day I would just ask and I don't even know if this is the right forum but I wanted it to be heard that something's gonna happen just like the gentleman said we know it's gonna happen if we can protect as much as what we deal with every day meaning we want to see the agriculture we don't want excessive traffic on our road our kids play out there our horses walk on the streets we ride our golf carts and if we could protect that that's that's certainly the goal I was one of the ones that met with Lee and Lee thank you for allowing that I had asked him if we could if we could potentially move building one and then the subsequent buildings back even just a little bit so I would like that to be considered it gets a little bit further away from us maybe a higher wall before the property starts would even or a thicker wall would would even be better the last thing I will ask for is and and Rancher States has come up against this battle a lot with the traffic and what he just said was you know if if this light industrial becomes leased warehouses with employees just like it is on Western you're going to have you're gonna have employee traffic and those employees will find that way through Rancher States there's no doubt that's what happened when there's a wreck on 380 they come through Rancher States we can always we can always tell when there's a wreck out there so I would like to ask for some type of formal protection for the Ranch of States entrances on on Marsh Branch and on Cindy and on Marshall to keep the north the you know the outside public out and and protect our streets and the safety of our streets thank you else wishing to speak hi thank you hi thank you guys also for listening to all of us tonight appreciate your service my name is Charles C. Wildman my husband Keith Wildman and we live at 3818 Lariat Road in Ranch of States and I would just like to say that you know I agree with what's been spoken that I would prefer to see this day our are as long as we can and then if that cannot you know to you know push back what's been asked like the building one to give more of a buffer and what we have in Ranch of States again has been there for a long time we enjoy just the space of and the camaraderie in the neighborhood but also the space and having you know the freedom to be outside move around not worry about the traffic and all of that and but it just seems like having an industrial just right outside of us is in great contrast to a neighborhood setting like that and just real quickly of course I'm against it as well we are an established neighborhood I work from home that's why I'm dressed like I am sorry about that but yeah you know I work from home I see most of my neighbors pets come by my window every day I look out I have two windows that I can look out one on to Lariat one on to Cindy and so I can see traffic which is never there which is great because our streets are not that good the city did come through and put another layer on top of what was there but those are cracking and giving way so absolutely no heavy trucks should be on our streets cutting through the neighborhood so I think everyone else has spoken to the points I would have brought up we love it we've been there for about what 15 years we bought it to raise our children which we've done and just to be able to enjoy it in retirement so I'm really hoping that we can keep it the way it is thank you anyone else wishing to speak hello my name is Jessica far I'm one of the owners of 1990 North Lariat Drive I'm not gonna be saying anything really different than everybody else is saying here but this is an important issue and I wanted as many people to speak on as possible but you know I second a lot of what a lot of the people up here have said tonight I think if everybody could keep it the same we all would we like kind of the way the neighborhood is as it stands but I did want to recognize the work that the developers have done here they've really tried to hear all of us and recognize you know our points of view I second that I think Austin Baker should buy the tract protecting the neighborhood from any kind of bill that goes there as far as light industrial is concerned what I love it if it wasn't absolutely but I would absolutely prefer light industrial to multifamily homes and kind of local people kind of living in that space so I support the plan as is but do you think that there should be protections in place as far as heavy trucks and as much as those buildings could be covered or the developers could work with us to kind of conceal and make sure that you know the neighborhood sees you know as beautiful of a spot as they could I hope that that's what we see in the future but I do support this so thank you thank you anyone else wishing to speak thank you I'm Julie's roll on I live on 1912 lariat with my husband and three boys we're newer to the neighborhood but we move there specifically because my husband's prior military PTSD the works we wanted somewhere that he would feel at peace we saw that house fell in love with the house fell in love with the neighborhood and to have this there is going to ruin that quite a bit especially having all that traffic coming through I'm against it if that building one could at least be put back more trees anything to preserve the greenery and the piece that we currently have I would prefer that I don't think you're gonna find property like that anywhere in Denton we've looked and looked and looked and this one kind of God placed it in our path and it worked out and I'm with everybody else in the community we oppose it it's probably gonna happen but at least push that building back and put some trees and try to preserve it just a little bit would be great thank you thank you anyone else wishing to speak I do have two people who did fill out cards not wishing to speak but both in opposition that we will put into the record anyone else wishing to speak okay seeing none and I don't have anyone on the phone I'm gonna go ahead and close the public hearing and open the floor for a motion or discussion commissioner Anderson thank you chair mr. Ramsey can I ask a question I mean you might come back down for a second hearing all the people speak I mean you get the hint that there's mostly opposition against this but they are willing to compromise it sounds like a little bit if but would you guys be willing to move buildings back a little bit to add more green more trees there to help protect the environment that they currently have that they do see is that something that y'all would be willing to entertain yeah we would have there we feel like we've done that because if you look at what we're ever we're giving up 14.4 percent of our entire site already and then on the backs because if you total up all the land that we're either dedicating to selling to open space or which or dedicating the park whatever whatever happens there it's about 14.4 percent of our site so you know are we talking in 10 feet 50 feet you know we also have a landscape berm of 35 feet on the inside of our property after the park or after the open space it's got a berm and a and a fence let me see here if I can find that right there so if you notice notice on that the the open space would end here it would have a berm and then a masonry wall and on top of that berm that's approximately three feet tall it's going to have a landscaping and a buffer big and that's again that's one reason we left this is rr because it would force a buffer between rr and the Li so we feel like we've really tried that but I mean you know every you know every square foot we give up to that development we feel like we've tried very hard to do what I mean what is that are we talking 100 feet 200 feet 10 feet you know I don't I don't really know what that looks like I think showing the slide again may help a little bit because you know going through it a minute ago it's kind of you know we're running out of time you're speaking a little bit but also if you put the road there to widen Hampton right that's because on one of the sides isn't that where you're gonna put the road part of this right there on the side of the south side of the building one on the south side of building what there you have next slide that one right there that's going to take up some of the greenery right that if you know that road that's the southern road so that park actually stopped so what we did we tried to run it as we passed this house if you notice right here all to the edge of this gas well pad we tried to bring that buffer as far as we could down this way this is probably more like what the entrance is going to end up looking like going in without these sections here and then tying back in to moss branch here but so this won't be here this will actually be open space this is kind of dead spot to our development so what we're talking about you know we're giving up this land but then also this is not going to be developed either it's just not dedicated because it's kind of a dead spot so that's actually going to end up being a buffer because we've got to give this piece to the city for right away so I didn't even allocate that in my buffer numbers because it's just kind of dead right it's not really big enough to put any buildings on because once that road comes through so it's still going to be zoned but in all reality it's going to be hard to build to build something there okay and my last question I think is you think mr. Baker is open to purchasing that property back to keep it that way yeah I met with him this morning actually and you know I explained to him about the easements that needed to be on it and we would go ahead and get a contract in place now but it wouldn't close until the plat was approved just to make sure that we had all the easements that we need for the platting piece of it and yeah we he was agreeable this morning exactly because I think that's another concern of theirs is eventually after that's over somebody comes in buys it tries to develop something else on it okay I appreciate it thank you very much thank you and Commissioner Anderson I just want to remind you I mean what we're voting on today is simply zoning this parcel not that little corner but to ally which opens to anything that that that allows and it has nothing to do with this concept plan there's nothing that that he could promise everything to you and in your question right there it does not gonna I mean there's there's no teeth in that so that's not at all what we're voting on the cut it's just a concept plan it's what they want to do if given the zoning change but there's nothing that we're doing tonight that has anything to do with moving around the concept plan that what we're voting on tonight so just wanted to clarify that with you Commissioner Smith thank you chair I like the project I think the projects good the I think it makes sense for that that area just with the expansion of 288 coming in at some point but I did have a couple questions Lisa on specifically going back to the PD and I was asking questions after the applicants have a presentation primarily about those deed restrictions because the way I understand it legally from my experiences that those deed restrictions and when it comes to zoning as you expressed publicly they're pretty flimsy and so walk me through the differences if this was a PD instead of being an ally zoning case with a possible buyer deed restriction so on and so forth all things that this governing body council have no impact on whatsoever we do have impacts control PD and going forward in the future I think within my understanding that the PD could protect some of those things and that let that be governed and seen from our level the local level so walk me through that okay so since this is a straight zoning case and it does not include that piece of property that could be the AG slash Park sounds like AG property we've had that same boundaries and the straight zoning it meets that that's why they went with it and did not know with the PD because there's nothing to deviate from because they can meet the code with that it with the if they included that lower piece that's that AG area then they can include that in a PD and make it where you all can require that that is a park AG whatever you want it to be and that's documented and it has to be like that until somebody if anybody ever comes back to amend the PD they'd have to come back before you so pushing back a building has some of them have requested you could do that in a PD and say yes this building has to be pushed back this many more feet as part of straight zoning because yes this concept plan is just a concept it's not an actual plan then that was a second part of my conversation on that was gonna be about the site plan that comes along with the PD but let me ask you one question you can finish your statement so on the let's say goes through it we were to table this see if applicants willing to even look at a PD whatever I'm making hypotheticals here but on the on the PD side of things if in the future they ever wanted to sell off that land it's parceled out and the plan development that this is rural has to use for agricultural use all things the neighborhood wants the items that the that the applicants are amenable to they want to sell off that land it would still take or that someone wants to develop that piece of land it come back you don't take a PD amendment to do that correct if you're talking about that AG piece of property with that that's not part of the actual zoning request and so it's going to stay RR regardless of what happens tonight and so that can be bought and sold of course if somebody ever wanted to rezone it if they wanted to request that they would have to come before this board as well as council as it stands RR only allows AG uses and homesteads and any kind of uses that go along with farming and ranching I'm asking I'm asking from the standpoint of if it was included in a zoning request that AG strip land was including in a zoning request but in that in that PD zoning request it was designated as being agriculture later on the property owner wants to do something with that agricultural land they've defined within there it would take a PD amendment yes if it was included in the PD then yes you would have to come back and amend the PD if they sold it off and then somebody else wanted to do that they'd have to come back and do the PD amendment there as well same thing right PD runs with the land not the owner on the site plan of course the doing the site plan would allow for the codification of something like this concept plan whereas as chair Ellis has mentioned that this concept plan is just that it's conceptual that it's what is intended the setbacks and the things that trust the developer and the applicant are truthful honest people you know good small business owners here in Denton will honor those things you're saying but there technically is nothing that holds them that holds them to this after the zoning goes through is that correct as well to this exact plan but they do still have to meet everything in the PD as far as the uses and design details they're 35 foot it's actually 30 foot between plus the right of way there at Hamilton yes so it'd be another call it call it 45 feet yes including the right away there got it understood mr. Ramsey can I ask you a question I think the intent of the strip of land makes a lot of sense and I appreciate you guys finding a buyer and having some good things there I think my only concern is just that it's not there's not a formal agreement to it and I know that you got backup plans it doesn't provide a lot of protections but that's not really my question I was gonna ask you down here the how inhibitive would it be for you as an applicant to coming back with a site plan if this was to come back as a plant as a PD well you know I think I don't know that we're a hundred percent against it but our time is gonna start over basically again so we're probably you know we've been working on this thing with neighborhood meetings for months and so it's gonna add another you know months to our project so I mean if that's my only option I mean I think we look at that there is an option we could possibly do and Tina we thought about while setting up there was on the plat could we dedicate a no build easement yes and one of the thoughts I had was Commissioner Smith when you were going through your line of questioning with Lisa is that if this southern portion of property was included as part of the a plan development district request we would want to establish some requirements within the plan development district to ensure that it remains open space but then we would could reaffirm that also on a plat and have it designated as a no build easement so therefore if that easement is ever removed it has to come back through this city but we in order to make that easement more enforceable we would need to have provisions within the zoning for us to be able to enforce it because otherwise if I don't have anything to hold the property owner accountable for providing that easement they could submit a plat and request to be removed so I'm sorry no I was I say excuse me so you know if if the if the applicant and the Commission are interested in trying to establish some sort of plan development district while the while the Denton Development Code says that if a development can be accomplished under straight zoning it should be pursued in that manner given some of these unique constraints or circumstances surrounding this property with the residential adjacency you know we could explore the concept of a plan development district further with the applicant if there was interest in how better to restrict the development of the property on the south side if there's interest in establishing some sort of minimum setback so with respect to building number one that is amenable for the developer and that the Commission is comfortable with and ultimately City Council and then also addressing the plan that's being attached you know if there's concern that the plan could evolve then what's shown here I mean technically that plan could be attached to the plan development district coordinates and then it would require an amendment to the plan development district if that plan ever wanted to be modified we would probably put language I would recommend that we would include language though within the plan development district that provides some level of flexibility because we realize issues come up in the development of engineering plans but you know if that's the direction the Commission is heading down and if the applicant is amenable happy to work through those items I would request that the Commission consider tabling this request we would likely have to re-notice this application if we're going to expand the area of consideration it does cause additional delay though to the applicant sure so two things in your point or your question Tina or the things you brought up one the I totally understand if it seemed it can seem like from the very surface level of this is a straight zoning case the fact that we're giving we're giving up land extra land you know as a buffer that's not required per the zoning to me screams it's not a straight zoning case in that scenario and so we're looking at a boundary piece of land I understand yeah I understand I understand the can you go into the the no-build easement a little bit more Tina right so a no-build easement typically when established on the plat restricts any buildings from being developed within that area so it's it essentially prohibits any construction of any structures in that area and then it gets that that goes through that wouldn't be it's that wouldn't be at this step of zoning they would be at the step of plotting correct I just want to make sure we could possibly make it a requirement of zoning that that becomes a no no-build easement on plaque correct when that condition gets attached to a straight zoning request it essentially makes it a plan development district request so so in order for us to be able to enforce that no-build easement we would need to establish it through the zoning process but ultimately it's it's also put on the plat to acknowledge that that exists but the zoning is where the greater enforcement is from the city's perspective to ensure that there's no construction or no development happening within that that that no-build zone so what you're saying to make sure I understand you is that the no-build easement could be a possible to it but attaching at this point in time would kick it into PD which would basically mean that we don't need to re-notice is that what you're saying is that gonna go that is correct okay guys make sure that's all questions I have I guess a question that I would just have is what kind of concerns and things would we want to see in a PD from from this council I mean we've heard a setback you know allowance because if we say okay these buildings of these sizes need to go here that really limits when we're leasing or building these buildings of what tenants we get in out we haven't had any discussion about jobs to our city about the economic impact to our city and those are things that we really need to consider so if we go in and lock this thing down on a PD and say your buildings can only be this size or that I mean you guys have an also responsibility to the business community of here too to say look we're trying to be to work with give buffers but these are our also jobs and it's part of the 2040 plan and we're lining up with everything that you guys just voted on yeah we're gonna go on that we've got a couple other commissioners who are wishing to speak so we're gonna we're gonna somebody else has questions we hang on Commissioner Villarreal just have a quick clarifying question for Lisa I know you mentioned briefly during the work session that GEO was considered is that correct it was considered earlier today as a possibility but the applicant his developer won't they have they need something that is at least done industrial in order to move forward but another developer might use that sure is there a reason for that yeah so actually I went through since we talked about that and went through each line item of what was approved in GEO and what was improved in Li and there is not a ton of difference there's actually some things that I think would be less attractive to the neighborhood in a GEO zoning because they're really similar but I think there's a little more landscaping required which we're gonna have anyway but I think there are some things in that GEO that would be worse for the neighborhood than be better once I really went through them because between our work session I actually went through and highlighted each one of them and I can get my notes if you'd like but I really don't think that would be better overall for the neighborhood after I took a look at it and plus if we want the type of developer we want they need in Li zoning for their for their industrial developments. Commissioner Pruitt. Thank you chair question for Lisa I think or yeah sorry in just a second perhaps for Tina just to make sure I understand this concept of the no-build easement I believe in some other cases in town although those are in special agreements we've had some conservation easements as opposed to no-build easements is that at all enforceable without a PD type zoning regulation independent of of that or is that no different than a no-build easement from the enforceability that you would need? So it's my understanding and I'm gonna look to my team that the conservation easement I believe is applicable to items potentially with respect to our environmentally sensitive areas I'm getting some affirmative nods I think I'm speaking correctly so and so it's more tied to the environmentally sensitive areas so in in this case because this is not that there's not an ESA on the south side of this property the conservation easement would not be an appropriate mechanism. Thank you that answers that. Good question. Lisa I get the sense that a lot of the concern could be because it's a concept plan we don't know all the possibilities that could happen to it with respect to setbacks from the parcel that's not in this straight zoning case right from the from the border of the parcel in question essentially. Can you tell us basically if someone else were to come in say the land got sold off somebody else came in and were to to do a different concept plan right and they had the LI zoning would it be possible to move that southern building appreciably closer to the southern border or is this shown basically where that setback requirement would limit that building's southward motion does that make sense I'm trying to bound you know if it changed could it just kind of reformat in the northern portion or could it actually become more encroaching to the community to the south. Right yes if the portion that is up for the zoning request was sold to somebody else and they decide to do something else they would still have to go according to the DDC setbacks and the landscape buffer that would be required because that property would still be zoned RR I don't know offhand what the setback is but and I don't know offhand what the setback they're proposing is if they even have an exact setback yet but there would still be a setback with the landscape buffer. So it's it's within the realm of how it's shown it's not gonna be half a building width closer or something like that right okay. And I want to bring up again I know Tina did before but if y'all decide that this would be best to consider this as a PD that we would have to re-notice if we want to include the ag tract in it and in addition the PD does require full ZCP plans so a site plan and landscape plan and tree plans and so all of that takes a lot of time to put together because they have not had to put have had to do that yet this is a concept plan so just so you know that that would not be coming back at the next meeting or anything like that so make sure y'all are aware. Yeah so I don't know which direction we're leaning but I'm I'm thankful that it was brought as a straight zoning to consider it that way because I think the things that the community is really concerned about are a very very small subset of what a PD would codify right and we just have to be very careful to over constrain the uses and and site details that would be perfectly fine right because all essentially that just adds time and cost so you know we'll see what happens. Well and I just wanted to make a point to what you were questioning about with this concept plan you know it's not a matter of like just building one getting moved if they sold the land it it doesn't have to be this doesn't have to be warehouse it could be anything that's in LI period you know so it's not a matter of looking at this plan and and and it getting changed because this plan doesn't exist it's just a concept and it's the use doesn't exist nothing there is no use that exists yet and there won't be a use that exists yet if this gets changed to LI it'll be whatever's allowed in LI that's that's the uses available. Yeah and to be fair I wasn't trying to ascertain the use I was trying to ascertain the the geographical freedom with which a building that would be developed on this site could move if if the approximate location that this is shown is pretty much as as far south as it could go given the the RR piece just south of there. Okay understood. Any other discussion we can entertain a motion more questions? Okay, no one wants to do anything. Commissioner Pruitt. I'm gonna move approval as presented I think you know change is hard and as we as we go forward like I said earlier we just we need to be very careful that we have confidence in in how things are being handled and protected and staff to to do their diligence but we need to not put so many handcuffs on things that that we inadvertently hamper the the development of the area in other ways so thank you. Thank you Commissioner Commissioner Smith. Thank you Chair. More thought about it the more that the restrictions that will come with the PD would I think it would basically be cutting off the nose despite the face if we did it that we'd be restricting the piece of land to specific uses without specific buyers on the inside of it it would cause a lot of undue returns back to make amendments to the PDs while the deed restriction and leaving that section as RR isn't in my opinion the most beneficial and most protective way for the neighborhood the fact that there's I'm not good at numbers even though I'm in finance 40 50 people in this room right now who are hearing us have this conversation I'm just gonna tell you that you're the you're the check-in balance in this one so the the city and this council this Commission won't be there to hold that piece of land to agriculture if it comes back and wants to be rezoned so without it I think that it's a it's a tough decision and I'm just gonna trust staff on this one so I'll second okay we have a first and a second for approval of the request any discussion okay okay just for the homeowners I know some of the projects mr. Ramsey and his group have done in the past and they do good they do really good work they are their group of integrity that's a slide show said they're integrity you know they have integrity and they're honest people I do find that truthful they are good people with that being said I think they're gonna do what you're gonna ask them to do I think they're gonna be honest and uphold their end of that bargain so you know I'm gonna vote for this thing I do want didn't do stay rural I totally understand your concerns I lived in a rural neighborhood in pilot point myself had to move away but we'd like to keep it as as well as it has been for the past 59 years that you know that the neighborhoods have been there but change is coming I mean loop treated it's coming around there things are going to happen as many of you said we'd rather have it light industrial and have it some warehousing there instead of businesses they're gonna have you know four or five hundred cars coming through there a day you know cars and not not 18-wheelers 18-wheelers aren't I have a feeling that 18-wheelers are not gonna come through your neighborhood if it was multifamily more housing you're gonna have people in their cars cutting through your neighborhoods a lot faster than 18-wheelers are and with this with that being said they're gonna try to divert I think they're traffic is gonna be trying to be diverted around your neighborhoods and but anyway I think this is the lesser two of lesser of two evils to be honest with you and with that being said I think they are gonna keep their word and do what they said and try to put as much green space between your neighborhood and their development and anyway I just want to let you know about that and but they they are they are a good company there they do keep their word so thank you chair anybody else with discussion we vote so I'll just say a few words thank you everyone for coming out and sharing your thoughts you know it is I've struggled with this as you heard me talk in work session because I think staff unfortunately in my opinion missed the boat on this and should have steered this developer toward a planned development because of the safety measures that we should be able to put in place for this established neighborhood this is a special part of our community and this is a highly respected group of developers Brandon Lee Jen I see Thomas up there this is a great group of people in town so it is nothing against this group but I don't ever consider a straight zoning change without thinking about all the ramifications and I can't just say because you're great people here you're gonna keep your word I just don't work like that sitting on this commission and I never have in the almost six years that I've been here so I think we missed the boat on this as a city because I think yes change is coming and yes a development is gonna happen but it could have been a better development and we could have had safeguards in place to where these homeowners who have been here living in this little rural spot that we have up there that have gone unprotected and unplanned through the years they could have had some safeguards in place and left you know feeling a little bit more protected not that they think nothing is going to happen with this land that's north of them but that it could happen with safeguards in place so that being said I don't see any other people wishing to speak let's go ahead and vote on the board that is a tie vote and motion fails three three Commissioner Smith Commissioner Smith make a motion to cut the tide if it's a tie so that goes the tire vote fails correct cuz we didn't get four or does it does it fault does it fail to a denial or is it failed to it fails to pass therefore you know the motion correct for affirmative votes right it failed was this oh it I think we're both on the same page go for it actually in this instance because it's a tie vote the code says that it would come back at the next meeting as an individual consideration item in the in the essence of the code the ordinance that we passed previously when it's a tie due to recusal there was a we had a piece on that in PNC for that bar G you want to correct you want to correct me on that one is a tie for recusal knowing that it's gonna come back next meeting but Commissioner Cole will have to recuse again here by me what the rules are on that rezoning procedures in the DDC actually specify exactly what Hillary said it has to come back as an individual consideration at our next meeting I made if it ties again at that point it would move forward to City Council as a recommendation of denial but would not trigger the supermajority vote okay I couldn't remember I could remember what our changes the rule but we what we've made on that one when that happened when this happened before when it's been tied due to a recusal so not an absence so thank you then we will see this again at our next meeting okay so we will move on on our agenda and so Commissioner McDade it will not be a public hearing it but people can speak at an individual consideration item yes Tina did you have something to say or no yeah I was just gonna add to that that you're correct it's it's not advertised as a public hearing but since it is individual consideration the Commission is allowed to receive comment the other thing I will note to folks that are in the audience is again you would not receive any notice from the city no mail notices like you did in advance at this meeting so if you're interested in the outcome that occurs at the Planning and Zoning Commission's next meeting then I would encourage you to to come and attend the meeting so the in the next Planning and Zoning Commission meeting is two weeks from tonight and my apologies that let me look at the date thank you May 11th okay that takes us to our Planning and Zoning matrix Tina I will give the floor to you thank you so included within your packet was our matrix and some of these items given the work session discussion that we had earlier this afternoon as Haley pointed out there are several items that we are working through to be able to address since some of these have been riding on the matrix for a while but obviously the the first item on the list was our discussion about the opt-in system for the notification so I believe we've we've checked the box on that one and so that would be coming off in that regard but it's you know can you give it a minute oh yeah absolutely sorry I just couldn't even hear you so that's all right thank you okay I'll let folks get down the stairs also just a little bit since that carries to okay can you all hear me okay great okay so what I was saying is with the matrix that's included in your packet and Haley's presentation that she gave earlier this evening or afternoon in our work session I think we've got a plan in place to address several of the items that are on this matrix and I know some of them been on here for a little bit of time and so hence why we wanted to put a plan in place to knock some of these items off and be responsive to you the very first item on the list though with respect to the opt-in system for notifications on projects I feel like we've accomplished that tonight so if it's with the concurrence of the Commission we'll go ahead and remove that item from the matrix in addition just to give the Commission an update on some items that went to City Council back on April 19th we had three requests that were on the agenda the first one was a request to reason property from rural residential to our excuse me R1 this was roughly two acres of property over off of Mosh Branch Road about 2100 feet south of FM 1173 if you recall the property owner was requesting to rezone that property so that they can meet minimum lot size requirements in order to plot the property to get a building permit for a single-family resident so City Council did approve that unanimously seven with a 7-0 vote we also had another item which was a specific use permit for a townhome development on roughly an eight acre track near May Hill and prominence Parkway that was also approved 7-0 by council and then the third item we had on the agenda that night was the razor ranch landscape plan amendment on the north side of 380 associated with the Home Depot development and there was much discussion on that particular item particularly as it relates to vehicle connectivity and bicycle and pedestrian connectivity and how that can be achieved in the area and what's the safer means of accomplishing that and ultimately with the City Council approved that request 6-1 and so just you know we did work with the applicant on the connectivity issues there is existing north-south connectivity that's a result of some properties that are currently under development more towards the north and east and then also opportunities for better pedestrian and bicycle connectivity from the residential areas to the north back down into that overall development there was discussion about trying to have all that connectivity occur more closer to the Home Depot development there's some great changes there we did not want to introduce pedestrians and bicyclists in an area that's predominantly truck in loading zone areas so in the end the connectivity happened and as a result of also past efforts thanks to those three individuals sitting over there and but nonetheless that project ended up being approved so and that's all we had on the council agenda for that evening Commissioner Anderson thanks here I was just somebody on council was worried about bicycle connectivity to Home Depot I've never seen anybody ride a bicycle to buy something Home Depot well some of us have had similar observations but there was one or two people in the neighborhood to the north that were interested in having that connectivity to be able to really I think more to be able to go south just because of some of the other vehicular child or circulation challenges within that overall area with the the traffic that's along 380 Bonnie Bray and so just wanting that ability to be able to get to the the uses that are further south within that development I think not just the Home Depot but some of the other businesses that are there anything for the matrix any concluding items okay see none I will close our meeting at 819 p.m. thank you everyone congratulations