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