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 Good afternoon and welcome to the City of Denton's Planning and Zoning Commission meeting for

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 Wednesday, May 25th, 2022.

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 This is our work session with the quorum present.

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 I will call us to order at 5.03 p.m.

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 First item on our agenda is citizen comment for consent agenda.

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 However, we do not have anything on consent agenda today.

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 So that will move us to our work session reports, which is 2A, receive a report, hold a discussion

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 regarding development of an updated municipal utility district, and Tina is going to make

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 her way to the podium for presentation.

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 >> Can I ask a technical question?

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 Can you hear me on the microphone?

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 >> Yes.

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 >> Okay.

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 It's just red on my end.

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 I know I have to make it green on your end.

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 >> Okay.

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 Yeah, because it doesn't change.

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 Okay.

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 Good afternoon.

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 Tina Fargans, planning director, deputy director of development services.

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 So happy to be here this afternoon to talk to you about municipal utility district policy

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 update.

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 So the reason why we are sharing this presentation with the Planning and Zoning Commission is

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 to let you know of a project that we're working on at the request of city council.

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 We know also from time to time you all do take action on plats within ETJ1, and so some

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 of these municipal utility districts are located within ETJ1, but also ETJ2.

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 So not necessarily seeking any direction from you this afternoon, just wanted to have this

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 be more informative and then also share with you council's direction.

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 Obviously, if you have any questions, comments, observations, please feel free to ask.

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 I'll be honest with you.

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 This presentation is a little lengthy.

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 I'll try to make it as entertaining as possible when talking about municipal utility districts,

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 but you may find some of this information, you may be saying, "Well, why are you telling

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 me this, Tina?

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 I already know this.

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 I've been on the commission for many, many years."

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 Absolutely.

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 So it will be a refresher for some of you, but for others that are relatively new to

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 the commission or have not worked with municipal utility districts, then some of this will

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 be, I would almost say Planning 201, given some of the context associated with it.

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 So again, the whole reason why we're working on this is at the request of city council,

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 we adopted an interim municipal utility district policy, and I'm going to refer to it as MUD,

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 because municipal utility district is a lot to say.

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 But we adopted an interim policy back in 2020, and so council back in 2021 had conversation

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 about wanting to update that policy, get something more permanent in place.

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 We agree from the staff's perspective, having worked with the interim policy that's been

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 in place now for about a year and a half.

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 And so hence why we were bringing this back forth, because this was a priority item for

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 council.

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 We know there continues to be development pressure within the ETJ, therefore it is appropriate

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 to review our policies that we have in place from time to time to just make sure that they're

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 still relevant to meet our needs for the city as we move forward.

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 The other thing, if this policy needs to provide clear direction, not only to us, but to the

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 development community as well and to decision makers when it comes into play on making decisions

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 about municipal utility districts.

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 And I'll get into that here a little more in a moment as to from a decision making standpoint.

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 So as I mentioned at the start, this presentation is a little lengthy, and it includes a variety

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 of topics that influence how MUDs are created.

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 And so therefore, I thought it would be best to provide a presentation roadmap, if you

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 will, so you can see where I'm going with this.

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 I will take a break between, let's say, challenges with interim MUD policy and moving into the

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 recommended case there's any questions there.

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 I'll try and watch your faces, though, if there's the question that you have as we work

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 through this, because some of this is, especially on some of the background information.

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 So happy to entertain some questions, but if we can get through it, that would be great

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 too.

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 So we'll start with background.

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 And so part of the reason why I'm going to present some of the background information,

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 because a lot of this goes into the decision making associated with MUDs and MUDs being

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 formed within our ETJ.

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 So I'm going to talk about what is a MUD.

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 We'll also address how is a MUD created, discuss our limited authority within our ETJ or extraterritorial

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 jurisdiction, also address how many MUDs that we currently have within our ETJ as well as

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 the number of that have expressed interest.

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 Then I'll move into why update the interim MUD policy, which then will be a good segue

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 into challenges that we've experienced with the current interim MUD policy.

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 And then we'll shift gears a little bit and talk about the recommended draft MUD policy

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 purpose that we put forth for council's consideration as well as the draft MUD policy goals.

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 And then I'll talk about next steps and then discussion direction that we received from

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 the city council.

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 So with that, the question that I had posed to the council is that given the complexity

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 of this topic, I told them I'd like for you to begin with the end in mind.

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 And what I posed to them, I said, I'm going to ask you a couple of questions at the end

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 of the presentation in which I'm seeking your feedback and direction from.

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 But and so ask them to keep these two questions in mind regarding the MUD policy purpose in

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 the MUD policy goals, as well as, you know, was there anything that we might have missed?

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 But the other thing we asked them was to as they were hearing this information to consider

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 this information through the policy lens and how how we can or how can the city influence

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 better quality development within the E.T.J.

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 Again with council policy level, setting that policy direction.

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 We work on the implementation aspect to implement policy, but wanted them to focus more high

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 level on what are the goals, what are we trying to achieve, what's in the best interest of

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 the city, especially with this development that was happening in our E.T.J.

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 So the questions and the direct the other thing I would add, the direction that they

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 give us as it relates to this would be providing some of the framework or giving us concurrence

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 on whether or not our proposed policy purpose and goals, which will provide the framework

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 as we update the interim policy that will allow us to be able to move forward.

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 So we were getting their direction on the on the policy purpose and again, the policy

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 goals as we move forward with this.

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 So let's talk about what is a MUD or a municipal utility district.

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 So essentially it's a special district that functions as an independent, limited purpose

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 political subdivision.

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 It is separate and apart from the city of Denton.

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 It has its own board of directors, if you will, which are property owners within the

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 municipal utility district itself.

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 We have no influence over in terms of its organizational structure of that nature.

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 And again, hence why it's a complete separate entity from the city of Denton.

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 Essentially these municipal utility districts are occurring within our extraterritorial

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 jurisdiction.

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 What we have found is that they can be single family residential developments.

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 They could have multifamily.

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 They could also have some commercial development incorporated.

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 So it's really whatever the developers wanting to put forth and develop within the ETJ within

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 this district, they have the ability to dictate what land uses they want to be able to provide

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 within it.

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 As I'll talk about in a little bit, and some of you already know this, our authority is

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 very limited within the ETJ, especially when it comes to regulating land uses.

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 We can't say yes.

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 We can't say no when it comes to the land uses themselves.

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 So one of the primary reasons why the muds form is that the development is not wanting

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 to follow any of our land use or zoning regulations, nor other regulations that the city may enforce

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 within its city limits.

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 Mud's also they're not interested in paying any impact fees to the city.

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 Also they're not wanting to have to annex into the city prior to their formation.

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 And another reason why they form is it because it provides the developer an alternate way

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 to finance the infrastructure.

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 So they're looking at typically issuing bonds.

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 So that way they can reimburse themselves for the costs with extending the water, the

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 sewer drainage, road facilities, you know, all the major infrastructure items to the

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 development.

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 Again, they can reimburse themselves through those bonds that are issued.

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 And then once those bonds are paid off, then the mud can put requests for annexation into

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 the city.

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 And if they were to request annexation, then it would be done so with an agreement with

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 the city.

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 What we have found is that being able to negotiate with a mud developer provides us with the

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 opportunity to influence better quality mud developments and emergency services.

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 The fire service is one of the primary leverage points, if you will, that we have from our

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 perspective.

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 And so we're interested in the type of service and protection that's provided.

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 For one thing, when people are at their greatest need is typically when they're calling 911

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 and they're needing assistance.

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 So it's, you know, who responds to that call?

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 And many times if it's within the ETJ, it may be another community with a voluntary

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 fire department that's responding, but in all likelihood, then we're responding as backup

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 or we're responding to that community in which the fire service was provided from because

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 we're basically backfilling.

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 So there is a financial implication, if you will, on the city of Denton because we're

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 either providing backup response to the community that was the primary response, or we're actually

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 showing up to the call as the second there.

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 So then what is the ETJ?

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 So some of you are already familiar with this, others, this will be a good primer lesson.

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 So the ETJ is referred to as our Extraterritorial Jurisdiction, hence why we call it ETJ for

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 short because that's quite a bit of a mouthful.

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 It's provided for within the state local government code that allows for an area that

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 extends beyond our municipal boundaries or our city limit lines.

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 So that can range anywhere from a half a mile up to five miles, depending upon the number

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 of habitants that happen located within the city.

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 So in the case of the city of Denton, because we have over 100,000 inhabitants, then it

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 is five miles as measured from our city limit line.

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 So every time our city limit line, if we annex a property, our line bumps out, our ETJ bumps

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 out with it.

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 We have what's important to note about our ETJ is we have no land use authority within

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 the ETJ.

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 So we can't say yes to the land use.

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 We can't say no to the land use, right?

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 What we can regulate is the subdivision of land within the ETJ.

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 So if they're proposing to subdivide property and it meets our criteria within our subdivision

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 and platting regulations, then we have the ability to influence development in that manner.

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 Typically we're looking for making sure they've got adequate access to roadways and utilities

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 being provided for them.

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 So per the Texas local government code, the city established an agreement, an interlocal

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 cooperation agreement with Denton County that then further divides our ETJ area into two

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 areas.

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 And in this case, this map is going to be tremendous because some say the picture says

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 a thousand words and I feel like this conveys quite a bit of land area.

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 So you'll see there's two or actually three shadings.

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 So the light green shading, that is the land that is within side our city limits, our corporate

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 limits.

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 The area that's shaded in blue, that is our division one ETJ or referred to as ETJ one.

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 So it extends three and a half miles out from our city limit line.

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 And so within ETJ one, we have platting authority.

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 We're able to enforce our subdivision regulations.

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 And again, as I mentioned earlier, we can't control the land use, but we can control how

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 the property is subdivided within the ETJ provided it meets certain criteria in our

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 DDC.

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 Again, we're looking to ensure that properties have access to roads and utilities to be looking

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 at, you know, from a water sanitary sewer drainage perspective when it comes to utilities.

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 What's also important to note is that majority of our ETJ one area is within our certificate

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 of convenience and necessity.

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 And so basically this is our area where we are authorized to provide water and sewer

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 service as it relates to what we provide.

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 The other important thing to note about the area that shaded blue is that the city and

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 county does not enforce any building code regulations within that area.

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 So the county may have some limited authority based upon if there are any FEMA requirements

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 or anything from the state that the state has asked the county to enforce, but from

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 a building code standpoint, that's otherwise not being enforced within that area.

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 So then move beyond the blue and from that three and a half boundary out to five miles

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 is so kind of that brownish tan color that's shown on the screen.

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 So that is what we refer to as ETJ two or division two district.

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 So the county has the plotting authority within this area of our ETJ.

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 So we do not review the plot.

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 So that's why you don't see those come before your agendas are on your agendas.

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 The county enforces regulations that are within that area.

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 Again, they're looking to ensure that properties have access to roads and adequate utilities.

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 This area that shaded in that tan color is primarily not within our CCN.

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 So again, that CCN is our ability to provide water and sewer service.

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 So within this area of the city, we do not have that obligation for providing the water

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 and sewer service.

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 There are other certificates that are issued primarily from what I understand is that several,

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 there may be other water districts that are there, but when it comes to the sewer, that

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 may be limiting within the area.

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 And so possibly no certificates potentially within that area for sewer.

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 But nonetheless, again, the city and county are not enforcing any building code regulations

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 there.

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 So some might refer to it kind of as the wild, wild west because there's limited regulatory

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 authority being enforced within the ETJ.

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 The other thing I would note is when referring to land in the ETJ, sometimes people refer

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 to that, well, that's out in the county and that's because it's outside our city limits.

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 Right?

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 So any questions about ETJ one, ETJ two?

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 Okay.

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 Great.

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 Oh wait.

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 I'm sorry.

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 Commissioner Colm.

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 Thank you, chair.

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 Tina, why should we have a say when it's not in our jurisdiction and we're not going to

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 bring utilities, then why would we have a say?

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 So there's a House and Senate bill in the state legislature that's going to come up

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 and it's going to do away with ETJ one and it's going to make it easier for, I mean,

232
00:14:33,520 --> 00:14:37,800
 if you're not providing these areas with infrastructure, why the heck should you have a say?

233
00:14:37,800 --> 00:14:39,480
 Well, and I'll get to that.

234
00:14:39,480 --> 00:14:43,440
 And the reason why, to answer your question more directly right now, is that we want to

235
00:14:43,440 --> 00:14:47,280
 be able to positively influence the development because in all likelihood, some of these developments

236
00:14:47,280 --> 00:14:49,320
 are going to annex within the city.

237
00:14:49,320 --> 00:14:54,240
 And I'll get to that here in a moment and help illustrate that point and why we are

238
00:14:54,240 --> 00:14:55,240
 concerned.

239
00:14:55,240 --> 00:15:01,200
 Plus, if that bill still has to track through the legislative session, so, you know, if

240
00:15:01,200 --> 00:15:04,640
 it gets approved, then we'll adjust accordingly, but still depend upon what the outcome of

241
00:15:04,640 --> 00:15:05,640
 that is.

242
00:15:05,640 --> 00:15:08,720
 Again, if it's development within our ETJ, we're still concerned about the development

243
00:15:08,720 --> 00:15:11,760
 that's happening there because of how it's constructed.

244
00:15:11,760 --> 00:15:16,480
 Is it, when it is built, is it having any inspections that are completed upon it?

245
00:15:16,480 --> 00:15:19,700
 Is the infrastructure potentially being built to our standards?

246
00:15:19,700 --> 00:15:24,920
 And then also, especially from a fire service standpoint, it comes into play on who's providing

247
00:15:24,920 --> 00:15:28,460
 service because ultimately, regardless if it's within some of these developments or

248
00:15:28,460 --> 00:15:32,360
 within our city limits or not, it does have some financial implications on it, especially

249
00:15:32,360 --> 00:15:34,160
 from the emergency service standpoint.

250
00:15:34,160 --> 00:15:38,680
 But hopefully, I can help address that question as we move through and provide some better

251
00:15:38,680 --> 00:15:40,120
 feedback on that.

252
00:15:40,120 --> 00:15:41,120
 Did you have something, Commissioner?

253
00:15:41,120 --> 00:15:42,120
 Commissioner Smith.

254
00:15:42,120 --> 00:15:43,120
 Thank you, Chair.

255
00:15:43,120 --> 00:15:52,080
 So, how long on average does it take, obviously, if ETJ 1 ends up becoming annexed in, what

256
00:15:52,080 --> 00:15:57,040
 does that process for Division 2 becoming Division 1, is that even a process that happens

257
00:15:57,040 --> 00:16:00,880
 where these changes they get annexed, they always exist in that certain way?

258
00:16:00,880 --> 00:16:05,320
 How do they change and move up and down from Division 1 to city, Division 2 to Division

259
00:16:05,320 --> 00:16:09,160
 1, and then new Division 2 being created as city limits expand?

260
00:16:09,160 --> 00:16:13,440
 So part of that is regulated by state law, but then also, we would look to how it's addressed

261
00:16:13,440 --> 00:16:16,200
 within our interlocal agreement that we have with the county.

262
00:16:16,200 --> 00:16:20,280
 Because the division between 1 and 2 is a product of the interlocal agreement that we

263
00:16:20,280 --> 00:16:21,280
 have in place with them.

264
00:16:21,280 --> 00:16:23,920
 So they're purely just a mile set, right?

265
00:16:23,920 --> 00:16:24,920
 Yes.

266
00:16:24,920 --> 00:16:25,920
 Okay.

267
00:16:25,920 --> 00:16:26,920
 Got it.

268
00:16:26,920 --> 00:16:29,520
 And then, so how often do those get reviewed to reset during the interlocal agreement?

269
00:16:29,520 --> 00:16:31,560
 Is that about to be covered?

270
00:16:31,560 --> 00:16:32,800
 So great question.

271
00:16:32,800 --> 00:16:36,360
 We're actually in some conversation with the county right now about potentially updating

272
00:16:36,360 --> 00:16:37,360
 our agreement.

273
00:16:37,360 --> 00:16:41,200
 So to me, I would say it depends upon how often the city chooses to update their and

274
00:16:41,200 --> 00:16:42,640
 review their agreement with our county.

275
00:16:42,640 --> 00:16:45,180
 How often does that happen traditionally?

276
00:16:45,180 --> 00:16:47,240
 In Denton, not very often, I would guess.

277
00:16:47,240 --> 00:16:50,600
 So hence why it's been 20 years.

278
00:16:50,600 --> 00:16:55,600
 Does that bring any issues in when we're talking about a revision to the mud policy?

279
00:16:55,600 --> 00:17:01,440
 This interlocal agreement being reviewed every 20 years, I get it there's different types

280
00:17:01,440 --> 00:17:04,360
 and varying rates of growth.

281
00:17:04,360 --> 00:17:12,240
 But put a mud policy in place, essentially the division 2, division 1 changes over that

282
00:17:12,240 --> 00:17:13,240
 time.

283
00:17:13,240 --> 00:17:16,080
 Does that interact at all with a policy change of the mud?

284
00:17:16,080 --> 00:17:19,960
 So the decisions that we make on the mud policy, we're also having conversations with the county

285
00:17:19,960 --> 00:17:22,940
 and working on our interlocal agreement that we have with the county.

286
00:17:22,940 --> 00:17:26,580
 So that will influence our decisions that we make moving forward.

287
00:17:26,580 --> 00:17:31,880
 If we were to modify the interlocal agreement, let's say we update something within the next

288
00:17:31,880 --> 00:17:35,920
 year and five years from now we amend that agreement, then we would have to go back and

289
00:17:35,920 --> 00:17:37,640
 look at whatever policies we have in place.

290
00:17:37,640 --> 00:17:42,560
 I mean, that could also even be updating the mud policy if there's any changes that were

291
00:17:42,560 --> 00:17:45,920
 made to the interlocal agreement that caused for that to be updated.

292
00:17:45,920 --> 00:17:49,040
 It could also be looking at any action items that we have provided for in the comprehensive

293
00:17:49,040 --> 00:17:51,600
 plan that might influence development within the ETJ.

294
00:17:51,600 --> 00:17:56,000
 And just to make sure I understand, because I think I do, but muds, in an area which has

295
00:17:56,000 --> 00:18:00,240
 a mud, if it does get annexed, then essentially the city takes over those utilities at that

296
00:18:00,240 --> 00:18:01,240
 point in time.

297
00:18:01,240 --> 00:18:02,240
 That is correct.

298
00:18:02,240 --> 00:18:04,000
 The mud becomes dissolved at that point in time.

299
00:18:04,000 --> 00:18:08,280
 The mud is dissolved, because when it's annexed within the city, then it doesn't exist anymore.

300
00:18:08,280 --> 00:18:09,280
 It's just part of our...

301
00:18:09,280 --> 00:18:15,280
 And that annexation process as it currently stands has voluntary, so a municipal utilities

302
00:18:15,280 --> 00:18:19,740
 district governing body, because it's a separate political division, wouldn't have any say

303
00:18:19,740 --> 00:18:23,620
 whatsoever in the vote of getting annexed in, it would have to be the citizens that

304
00:18:23,620 --> 00:18:27,600
 would be doing the voluntary annexation, or how does that interaction work?

305
00:18:27,600 --> 00:18:28,600
 So that's all...

306
00:18:28,600 --> 00:18:33,280
 The annexation laws address all of that in the process of how property is brought within,

307
00:18:33,280 --> 00:18:38,820
 and then we'd work with our legal team on any implications associated with the voting

308
00:18:38,820 --> 00:18:43,220
 and how that takes place, because I know state law is pretty specific in terms of the requirements

309
00:18:43,220 --> 00:18:46,360
 that are in place when properties are annexing within the city.

310
00:18:46,360 --> 00:18:47,360
 Gotcha.

311
00:18:47,360 --> 00:18:52,120
 Yeah, I know this seems silly, but we haven't talked about a lot about utility or municipal

312
00:18:52,120 --> 00:18:55,240
 utilities districts, so I'm trying to wrap my mind around it before we get further into

313
00:18:55,240 --> 00:18:56,240
 it.

314
00:18:56,240 --> 00:18:57,240
 Scott McDonald, director of development services.

315
00:18:57,240 --> 00:18:58,240
 Hi, Scott.

316
00:18:58,240 --> 00:19:04,160
 And I think Tina's probably gonna get into some of this that'll probably help.

317
00:19:04,160 --> 00:19:10,640
 I guess to focus on the ETJ1, ETJ2, we do it with an interlocal agreement.

318
00:19:10,640 --> 00:19:12,840
 We're very much in conversation with the county.

319
00:19:12,840 --> 00:19:16,240
 We're not gonna do anything that the county doesn't wanna do.

320
00:19:16,240 --> 00:19:22,280
 Both the county and the city have limited authority, so when it comes to MUDs, the purpose

321
00:19:22,280 --> 00:19:28,340
 in the MUD really is to have a taxing entity so they can pay for the infrastructure.

322
00:19:28,340 --> 00:19:29,840
 That's the bottom line.

323
00:19:29,840 --> 00:19:34,740
 If in fact they're looking to get something from the city, or we have an opportunity that

324
00:19:34,740 --> 00:19:38,960
 we can make sure that that development is taking into account anything to do with the

325
00:19:38,960 --> 00:19:43,240
 infrastructure, the roadway network, what traffic's gonna be created, that's where we're

326
00:19:43,240 --> 00:19:45,440
 looking to get into that agreement.

327
00:19:45,440 --> 00:19:51,360
 So not likely in the ETJ2 that we would be doing much because, again, it may not be our

328
00:19:51,360 --> 00:19:56,200
 CCN and some of those other elements, but everything that we're doing, we're doing in

329
00:19:56,200 --> 00:19:58,480
 collaboration with the county and having those conversations.

330
00:19:58,480 --> 00:19:59,480
 Yeah.

331
00:19:59,480 --> 00:20:03,320
 And I'm just trying to more conceptualize the mechanisms of how this all operates as

332
00:20:03,320 --> 00:20:05,920
 kind of really my questions, where that's coming from.

333
00:20:05,920 --> 00:20:08,320
 So maybe I'll wait for more clarification.

334
00:20:08,320 --> 00:20:13,560
 And then just I think on the annexation piece, that truly is going to be whatever the legislative

335
00:20:13,560 --> 00:20:19,280
 process is at the time, with the exception if we are in a developer's agreement, and

336
00:20:19,280 --> 00:20:23,520
 then they have a sun setting of that, that ultimately then when somebody buys property

337
00:20:23,520 --> 00:20:26,640
 in that, that ultimately it will be annexed in 20 years.

338
00:20:26,640 --> 00:20:27,640
 Gotcha.

339
00:20:27,640 --> 00:20:28,640
 Okay.

340
00:20:28,640 --> 00:20:29,640
 So we've got that established on the front side of the model.

341
00:20:29,640 --> 00:20:30,640
 Cool.

342
00:20:30,640 --> 00:20:31,640
 Awesome.

343
00:20:31,640 --> 00:20:32,640
 Thanks.

344
00:20:32,640 --> 00:20:33,640
 Commissioner Anderson?

345
00:20:33,640 --> 00:20:34,640
 Thanks, Chair.

346
00:20:34,640 --> 00:20:37,080
 Tina, you may know this, or Scott, one of you.

347
00:20:37,080 --> 00:20:43,120
 These districts are created to create a tax for the infrastructure.

348
00:20:43,120 --> 00:20:44,120
 That is correct.

349
00:20:44,120 --> 00:20:47,880
 When they are annexed within the city, does that tax go away?

350
00:20:47,880 --> 00:20:53,160
 And then the city's taxes become, because that's one bad thing about these muds is,

351
00:20:53,160 --> 00:20:56,000
 you live there, you got to pay a tax on top of all these other taxes.

352
00:20:56,000 --> 00:20:59,000
 Once it's annexed with the city, does that tax go away?

353
00:20:59,000 --> 00:21:02,280
 Presumably, yes, it would, because it's within the city of Lemiston, then folks would be

354
00:21:02,280 --> 00:21:04,560
 paying their municipal city taxes.

355
00:21:04,560 --> 00:21:08,880
 So it's the, because the bond aspect will have been retired.

356
00:21:08,880 --> 00:21:12,360
 And so the bond goes towards reimbursing the municipal district.

357
00:21:12,360 --> 00:21:16,520
 And so once the bonds are completed, then there would not be a need to collect the taxes

358
00:21:16,520 --> 00:21:19,600
 from the mud to reimburse on the bonds.

359
00:21:19,600 --> 00:21:24,240
 So it's when it, when it gets annexed into the city, then it becomes, they become residents

360
00:21:24,240 --> 00:21:27,420
 of the city of Denton and then they pay city taxes.

361
00:21:27,420 --> 00:21:29,400
 But they also get city services associated with it.

362
00:21:29,400 --> 00:21:34,040
 So what that means is the city of Denton is then maintaining all of their infrastructure

363
00:21:34,040 --> 00:21:37,720
 versus the residents were having to maintain it through their municipal utility district.

364
00:21:37,720 --> 00:21:39,640
 Commissioner Perrot.

365
00:21:39,640 --> 00:21:40,640
 Thank you, Chair.

366
00:21:40,640 --> 00:21:42,560
 Just a couple of real short clarification things.

367
00:21:42,560 --> 00:21:47,040
 On the CCN, you used a couple of different words.

368
00:21:47,040 --> 00:21:53,080
 One was have the authority or the ability to provide services and one was the obligation

369
00:21:53,080 --> 00:21:54,080
 to.

370
00:21:54,080 --> 00:21:57,880
 So I just want to make sure I'm understanding what the relationship is there between our

371
00:21:57,880 --> 00:22:03,600
 utilities and ETJ1 or really in the CCN area.

372
00:22:03,600 --> 00:22:04,600
 Thank you for clarifying.

373
00:22:04,600 --> 00:22:08,160
 So yes, that is our area that is assigned to us to be able to provide the water and

374
00:22:08,160 --> 00:22:09,160
 sewer service.

375
00:22:09,160 --> 00:22:13,520
 So it's ultimately, I guess it would be our responsibility or obligation to be able to

376
00:22:13,520 --> 00:22:14,520
 provide that service.

377
00:22:14,520 --> 00:22:17,640
 But that's where the other thing comes into play is that we would have to negotiate with

378
00:22:17,640 --> 00:22:20,760
 the mud to how the utilities are extended to that area.

379
00:22:20,760 --> 00:22:25,320
 Because if we're not able to, you know, if we have to, if a water line has to be built

380
00:22:25,320 --> 00:22:29,160
 three miles to be able to provide service, then the municipal utility district is going

381
00:22:29,160 --> 00:22:34,280
 to be constructing that presumably constructing that particular utility extension to it.

382
00:22:34,280 --> 00:22:36,840
 So it's you know, it's within our service area.

383
00:22:36,840 --> 00:22:42,280
 So if anything, we are going to be interested in how that utility or how that pipe is constructed.

384
00:22:42,280 --> 00:22:44,400
 Does it meet our standards?

385
00:22:44,400 --> 00:22:47,520
 And that's why you'll see in the presentation, our goal is to get towards a development agreement

386
00:22:47,520 --> 00:22:49,960
 because the development agreement would lay all of that out.

387
00:22:49,960 --> 00:22:52,840
 But you know, if we do not have utilities within the area, it's going to be difficult

388
00:22:52,840 --> 00:22:54,440
 for us to be able to provide the service.

389
00:22:54,440 --> 00:22:58,480
 But because it's within our certificate, I guess you could say we have first say as to

390
00:22:58,480 --> 00:23:00,080
 how that is provided for.

391
00:23:00,080 --> 00:23:01,080
 Okay.

392
00:23:01,080 --> 00:23:03,880
 And what actually sets the CCN area?

393
00:23:03,880 --> 00:23:08,800
 I believe that's a legislative action or TCEQ.

394
00:23:08,800 --> 00:23:13,280
 It's all done by the state through through some process between our utilities and and

395
00:23:13,280 --> 00:23:14,280
 TCEQ.

396
00:23:14,280 --> 00:23:15,280
 Okay.

397
00:23:15,280 --> 00:23:17,280
 And okay.

398
00:23:17,280 --> 00:23:23,200
 Last thing is on the mud, you mentioned, you know, we've been talking about this process

399
00:23:23,200 --> 00:23:24,600
 and I'm sure we'll talk more.

400
00:23:24,600 --> 00:23:30,280
 But just to make sure I understand on the taxing authority, it's primarily used to pay

401
00:23:30,280 --> 00:23:32,880
 down the bonds, right?

402
00:23:32,880 --> 00:23:34,520
 Yes.

403
00:23:34,520 --> 00:23:40,320
 Speaking hypothetical for a second, let's say we have a mud who goes, you know, pays,

404
00:23:40,320 --> 00:23:45,080
 starts to pay their bonds down and they decide that they don't want to annex into the nearest

405
00:23:45,080 --> 00:23:47,240
 city, whether it's us or somebody else.

406
00:23:47,240 --> 00:23:54,280
 Do they have the ability to charge taxes above what the bond services in order to maintain

407
00:23:54,280 --> 00:23:57,060
 and replace that infrastructure when it ages?

408
00:23:57,060 --> 00:24:01,920
 So it's my understanding that they have the ability to level additional taxes because

409
00:24:01,920 --> 00:24:05,560
 they're still going to have to provide for the maintenance associated with it.

410
00:24:05,560 --> 00:24:11,400
 So they may issue, you know, they may retire their initial bonds to provide for the improvement.

411
00:24:11,400 --> 00:24:15,640
 But if they're continuing to exist out there as a mud, then they're going to have to have

412
00:24:15,640 --> 00:24:19,080
 a revenue stream in order to be able to provide for the maintenance because we won't be doing

413
00:24:19,080 --> 00:24:22,800
 the maintenance and none of the other cities within the area would be providing for the

414
00:24:22,800 --> 00:24:24,460
 maintenance associated with it.

415
00:24:24,460 --> 00:24:30,520
 So the vehicle to do that would be to issue new bonds and then use the revenue to continue

416
00:24:30,520 --> 00:24:31,520
 to pay more bonds.

417
00:24:31,520 --> 00:24:36,040
 Presumably, yes, unless the legislature changes with respect to that.

418
00:24:36,040 --> 00:24:37,040
 Okay.

419
00:24:37,040 --> 00:24:38,040
 Thank you.

420
00:24:38,040 --> 00:24:39,040
 You're welcome.

421
00:24:39,040 --> 00:24:40,040
 Okay.

422
00:24:40,040 --> 00:24:41,040
 So let's talk about how a mud is created.

423
00:24:41,040 --> 00:24:44,220
 So I'm going to keep this very high level because there are probably a lot of intricate

424
00:24:44,220 --> 00:24:47,720
 steps associated with it, but just really want to convey to you the two processes that

425
00:24:47,720 --> 00:24:50,000
 are available for these to be created.

426
00:24:50,000 --> 00:24:53,440
 So one is through a district creation by the Texas legislature.

427
00:24:53,440 --> 00:24:56,160
 So that's provided for within state law.

428
00:24:56,160 --> 00:25:01,320
 An example of, if you know where La La Ranch is on the Northwest, part of our ETJ, when

429
00:25:01,320 --> 00:25:04,280
 it was first established, that was a result of the Texas legislature.

430
00:25:04,280 --> 00:25:06,960
 So they passed a bill that established that district.

431
00:25:06,960 --> 00:25:13,400
 The other option is with respect to the Texas Commission on Environmental Quality or TCEQ,

432
00:25:13,400 --> 00:25:17,940
 there is a petition and consent process that's provided for within the water code.

433
00:25:17,940 --> 00:25:24,440
 So for a property that's located within our ETJ, this city consent has to be requested

434
00:25:24,440 --> 00:25:27,240
 prior to the creation of the TCEQ process.

435
00:25:27,240 --> 00:25:30,080
 And the key word is that it has to be requested, right?

436
00:25:30,080 --> 00:25:34,520
 We do not have to necessarily grant consent, but as part of TCEQ, they do require the mud

437
00:25:34,520 --> 00:25:37,680
 developer to go before the city and request consent.

438
00:25:37,680 --> 00:25:42,040
 The consent application is what provides this, or the consent application process, excuse

439
00:25:42,040 --> 00:25:46,080
 me, provides the city with a potential greater influence over the mud.

440
00:25:46,080 --> 00:25:52,920
 And the reason for that is this is where we're able to potentially enter into a development

441
00:25:52,920 --> 00:25:55,760
 agreement that is negotiated with the developer.

442
00:25:55,760 --> 00:25:59,760
 Typically, when a developer is requesting consent from the city, if they're successful

443
00:25:59,760 --> 00:26:04,520
 in getting the consent, then that is an easier process for them to get the mud created.

444
00:26:04,520 --> 00:26:08,400
 It's when the city chooses to not grant consent that it becomes a more arduous process for

445
00:26:08,400 --> 00:26:09,400
 the developer.

446
00:26:09,400 --> 00:26:12,080
 And let's face it, time equals money from their perspective.

447
00:26:12,080 --> 00:26:18,280
 So longer process means more time, means more money associated potentially with it.

448
00:26:18,280 --> 00:26:20,320
 If I can finish one thing.

449
00:26:20,320 --> 00:26:25,640
 So if consent is not provided by the city and the mud continues with the TCEQ process,

450
00:26:25,640 --> 00:26:30,160
 the mud can still be forwarded to the state and be established without the city's consent.

451
00:26:30,160 --> 00:26:34,500
 So as I mentioned, it's gonna be a more cumbersome process, but it can still be established.

452
00:26:34,500 --> 00:26:39,280
 So if we do not grant consent, they can say, "Thank you, city, appreciate you considering

453
00:26:39,280 --> 00:26:43,120
 our request, but we're still gonna move forward with the state and be formed."

454
00:26:43,120 --> 00:26:48,240
 So it's know that, and so that's why we have limited say when it comes to this, because

455
00:26:48,240 --> 00:26:51,260
 at the end of the day, they can form.

456
00:26:51,260 --> 00:26:55,720
 They cannot invite us to have a seat at the table, and ideally, that's where we wanna

457
00:26:55,720 --> 00:26:56,720
 get.

458
00:26:56,720 --> 00:27:00,040
 We wanna be able to get to a seat at the table to be able to negotiate into a developer's

459
00:27:00,040 --> 00:27:05,120
 agreement that outlines certain performance obligations, if you will, whether how they're

460
00:27:05,120 --> 00:27:08,060
 building their infrastructure or whether their buildings are gonna be subject to any building

461
00:27:08,060 --> 00:27:10,760
 codes and inspections, whatever the cases may be.

462
00:27:10,760 --> 00:27:13,800
 But ideally, that's where we wanna get is to negotiate in that development agreement,

463
00:27:13,800 --> 00:27:16,960
 because ultimately, if we know they can be formed, then we wanna make sure that they're

464
00:27:16,960 --> 00:27:22,160
 formed in a proper manner, especially if there is the potential, you know, it could be 20

465
00:27:22,160 --> 00:27:27,280
 years from now, but we'll all probably not be sitting here, but maybe Ashley will be,

466
00:27:27,280 --> 00:27:30,840
 but so she's early enough in her planning career.

467
00:27:30,840 --> 00:27:35,400
 But presumably, if they are eventually annexed into the city, then we wanna make sure that

468
00:27:35,400 --> 00:27:37,600
 we have a better idea of what we're getting.

469
00:27:37,600 --> 00:27:42,400
 So the preferred application method, from the city's perspective, is that they would

470
00:27:42,400 --> 00:27:46,720
 go through TCEQ, because again, that's where we have the opportunity to influence the process

471
00:27:46,720 --> 00:27:49,400
 more compared to if it was going through the legislature.

472
00:27:49,400 --> 00:27:54,920
 And like I said, I've addressed this at a very high level, you know, all the intricates

473
00:27:54,920 --> 00:28:03,760
 associated with it, I confess right now, I don't know all of that, but needless to say,

474
00:28:03,760 --> 00:28:08,080
 where the two processes are concerned, the key takeaway from that is the fact that we

475
00:28:08,080 --> 00:28:14,640
 have the ability to potentially influence the development through the consent process.

476
00:28:14,640 --> 00:28:17,040
 So a little more background information about the MUDs.

477
00:28:17,040 --> 00:28:23,720
 So the city has provided consent to four municipal utility districts, one of which was Astra,

478
00:28:23,720 --> 00:28:27,040
 another is Lala Ranch, as I mentioned, you know, my cursor might work, can you all see

479
00:28:27,040 --> 00:28:28,040
 my cursor?

480
00:28:28,040 --> 00:28:34,120
 Okay, it's right here next to this bullet point, so I'm gonna go across the map.

481
00:28:34,120 --> 00:28:36,600
 So Lala Ranch I was referring to previously.

482
00:28:36,600 --> 00:28:40,080
 So Lala Ranch, this phase here, it was established through the legislature.

483
00:28:40,080 --> 00:28:45,760
 The city did grant consent on, I should say half, about half of this area was established

484
00:28:45,760 --> 00:28:46,940
 by the legislature.

485
00:28:46,940 --> 00:28:52,360
 The city did grant consent on what I'll call the first expansion area, and then this is

486
00:28:52,360 --> 00:28:57,120
 their proposed second expansion area, and that has, we were working with council on

487
00:28:57,120 --> 00:29:01,480
 that as of November, December of last year, and that ended up not going anywhere from

488
00:29:01,480 --> 00:29:03,520
 a consent standpoint right now.

489
00:29:03,520 --> 00:29:05,440
 But nonetheless, so Lala Ranch is there.

490
00:29:05,440 --> 00:29:10,320
 We've also approved Olex Meadows, which is down in this area here, just, excuse me, down

491
00:29:10,320 --> 00:29:12,760
 in this area here, just south of 380.

492
00:29:12,760 --> 00:29:19,720
 And then we also have Stonehill Ranch, and I'm looking to see, I can't read it on this

493
00:29:19,720 --> 00:29:20,720
 version.

494
00:29:20,720 --> 00:29:23,720
 Anyway, Stonehill Ranch was another one that we granted consent.

495
00:29:23,720 --> 00:29:27,420
 Legends, we are currently in the process of negotiating a development agreement.

496
00:29:27,420 --> 00:29:31,000
 The city did not grant consent associated with that particular request, and so they chose

497
00:29:31,000 --> 00:29:33,080
 to enter into negotiating a development agreement.

498
00:29:33,080 --> 00:29:38,040
 So we are working on that and hope to have that to council, hopefully sometime in June,

499
00:29:38,040 --> 00:29:39,040
 for their consideration.

500
00:29:39,040 --> 00:29:44,280
 Otherwise, we have eight other MUDs that have expressed interest and requested consent to

501
00:29:44,280 --> 00:29:46,120
 be able to form within the ETJ.

502
00:29:46,120 --> 00:29:50,040
 So during our conversations when we were going through the adoption of the comprehensive

503
00:29:50,040 --> 00:29:53,360
 plan and had all of those work session discussions, there was much discussion about whether or

504
00:29:53,360 --> 00:29:58,120
 not we choose to show the MUDs on our future land use map, how do they potentially influence

505
00:29:58,120 --> 00:30:00,480
 development within the area.

506
00:30:00,480 --> 00:30:05,840
 And so, and like I said, since the adoption of that plan, we've had, I know Ponder Farms

507
00:30:05,840 --> 00:30:10,600
 and Tabor Ranch have requested consent since the adoption of the comp plan in March of

508
00:30:10,600 --> 00:30:11,600
 this year.

509
00:30:11,600 --> 00:30:14,640
 So, but all the more reason why I think it's important.

510
00:30:14,640 --> 00:30:21,700
 - Excuse me, is there a time limit on how long the city can think about granting consent?

511
00:30:21,700 --> 00:30:24,620
 - There is, and it's provided for in the TCEQ process.

512
00:30:24,620 --> 00:30:28,880
 I don't recall the timeframes off the top of my head, but it does establish a timeframe

513
00:30:28,880 --> 00:30:32,440
 in which we have to act on whether or not we choose to grant consent.

514
00:30:32,440 --> 00:30:38,400
 And then if we, and then the timeline gets further projected out.

515
00:30:38,400 --> 00:30:42,040
 So, but yes, we are obligated to act within a certain timeframe.

516
00:30:42,040 --> 00:30:43,040
 - Okay.

517
00:30:43,040 --> 00:30:44,040
 - Commissioner Call.

518
00:30:44,040 --> 00:30:45,680
 - Thank you, Chair.

519
00:30:45,680 --> 00:30:53,200
 So Tina, without city consent, means no difference, it's still set up.

520
00:30:53,200 --> 00:30:54,200
 - Correct.

521
00:30:54,200 --> 00:30:58,860
 So the goal, and I'll illustrate here shortly when I get more into the presentation is ideally

522
00:30:58,860 --> 00:31:01,120
 what we wanna do is have a seat at the table.

523
00:31:01,120 --> 00:31:04,880
 We wanna encourage the developers to be able to negotiate a development agreement with

524
00:31:04,880 --> 00:31:08,520
 the city so that we can influence better quality development.

525
00:31:08,520 --> 00:31:12,320
 And so this gets into, you know, why update the interim policy?

526
00:31:12,320 --> 00:31:16,320
 So as I mentioned earlier, you know, it was originally adopted in May of 2020, this was

527
00:31:16,320 --> 00:31:21,000
 done as a stop gap measure due to a number of consents that were seeking, or a number

528
00:31:21,000 --> 00:31:23,800
 of Mudd developers that were seeking consent from the city.

529
00:31:23,800 --> 00:31:27,760
 We did not have any evaluation criteria at that time when these requests were coming

530
00:31:27,760 --> 00:31:28,760
 in.

531
00:31:28,760 --> 00:31:33,280
 And so hence why we quickly adopted the policy that was included in your packet, and truly

532
00:31:33,280 --> 00:31:36,440
 it was viewed as an interim policy.

533
00:31:36,440 --> 00:31:41,120
 The current policy, it represents eight policy statements, there are a series of technical

534
00:31:41,120 --> 00:31:45,800
 requirements associated with it that align with the policy statements.

535
00:31:45,800 --> 00:31:50,160
 What we've learned since then is the policy is difficult to implement, and I'll get into

536
00:31:50,160 --> 00:31:53,420
 that in a little bit more on my next slide.

537
00:31:53,420 --> 00:31:57,840
 But one of the key points that is, as I mentioned earlier, ideally we want to encourage developers

538
00:31:57,840 --> 00:32:02,640
 to enter into the development agreement because we want to be able to influence quality development.

539
00:32:02,640 --> 00:32:07,320
 And right now, our current interim Mudd policy, it does not encourage or incentivize developers

540
00:32:07,320 --> 00:32:10,640
 to enter into that agreement.

541
00:32:10,640 --> 00:32:14,040
 And so, and I want to say incentivize, I'm not talking about financially incentivize,

542
00:32:14,040 --> 00:32:19,320
 I'm talking about encouraging them to come to the table and having that conversation

543
00:32:19,320 --> 00:32:20,320
 with us.

544
00:32:20,320 --> 00:32:23,760
 So ideally, that's where we want to get towards because we want to be able to influence the

545
00:32:23,760 --> 00:32:26,200
 type of development that's happening within the ETJ.

546
00:32:26,200 --> 00:32:30,400
 Additionally, our comprehensive plan provides policy support, and I've noted the action

547
00:32:30,400 --> 00:32:37,120
 item here, but our comp plan provides that policy support and addresses additionally

548
00:32:37,120 --> 00:32:39,840
 why we should consider updating the Mudd policy.

549
00:32:39,840 --> 00:32:43,640
 And then lastly, it all comes back down to is the continued development pressures within

550
00:32:43,640 --> 00:32:45,140
 the ETJ.

551
00:32:45,140 --> 00:32:49,040
 And if we know that these developments are going to be happening within our ETJ, and

552
00:32:49,040 --> 00:32:53,600
 we know that we have limited authority right now as it is within the ETJ, then we would

553
00:32:53,600 --> 00:32:57,240
 want to encourage developers to enter into that development agreement because again,

554
00:32:57,240 --> 00:33:04,280
 at the end of the day, it's all about influencing quality development happening within the county.

555
00:33:04,280 --> 00:33:10,580
 So with that, that's a good segue into challenges with our current interim policy.

556
00:33:10,580 --> 00:33:14,320
 So some of the things that we've learned since then, since it's been adopted.

557
00:33:14,320 --> 00:33:17,800
 So there are many technical requirements that are included within the policy that really

558
00:33:17,800 --> 00:33:20,040
 should be part of a separate application process.

559
00:33:20,040 --> 00:33:23,560
 And that's one of our challenges right now is that there is no formal application process.

560
00:33:23,560 --> 00:33:28,520
 So when Mudd developers request consent from the city, there's really, you know, they're

561
00:33:28,520 --> 00:33:32,360
 just emailing documents and sending them to the city secretary and letting us know that

562
00:33:32,360 --> 00:33:33,760
 they're requesting consent.

563
00:33:33,760 --> 00:33:38,380
 But otherwise, there's no formal application process associated with that.

564
00:33:38,380 --> 00:33:42,560
 What we have found, and I mentioned earlier, the policy has been difficult to implement

565
00:33:42,560 --> 00:33:45,600
 not only from our perspective, but also from the developers.

566
00:33:45,600 --> 00:33:50,600
 It's cumbersome for them because in terms of what they're all required to be submitted,

567
00:33:50,600 --> 00:33:52,680
 again, this was a stopgap measurement.

568
00:33:52,680 --> 00:33:57,440
 We threw everything in the kitchen sink just about to them in asking for certain documentation

569
00:33:57,440 --> 00:33:59,280
 to be submitted to us.

570
00:33:59,280 --> 00:34:03,800
 But also as we are evaluating these requests, some of the information is okay, is this really

571
00:34:03,800 --> 00:34:05,480
 germane to this particular project?

572
00:34:05,480 --> 00:34:09,040
 Do we have an interest or a need for this type of information being submitted?

573
00:34:09,040 --> 00:34:12,840
 So right now I would say that the scale is really tipped in terms of the developers having

574
00:34:12,840 --> 00:34:17,860
 to provide all this information associated with it and knowing that they can still go

575
00:34:17,860 --> 00:34:22,480
 through and get their Mudd formulated through the state and not have our consent.

576
00:34:22,480 --> 00:34:28,040
 We're trying to get that more reasonable so it's a little more balanced in terms of getting

577
00:34:28,040 --> 00:34:33,800
 us at the table to engage in that conversation if you will.

578
00:34:33,800 --> 00:34:38,100
 Like I said, the key thing is the fact that they can still be able to form without our

579
00:34:38,100 --> 00:34:42,920
 consent and not having to submit anything to us from that perspective.

580
00:34:42,920 --> 00:34:47,280
 The other thing I'll add is our current interim policy, it discourages developers from seeking

581
00:34:47,280 --> 00:34:52,960
 consent from the city, therefore that's going to result in them not entering into a development

582
00:34:52,960 --> 00:34:57,120
 agreement with us as it relates to infrastructure and services being provided.

583
00:34:57,120 --> 00:35:01,760
 Additionally, it potentially has emergency services implications, which results in an

584
00:35:01,760 --> 00:35:05,520
 increased cost of service, particularly from our perspective.

585
00:35:05,520 --> 00:35:09,960
 Right now with development happening within the county, the county or I should say within

586
00:35:09,960 --> 00:35:15,200
 the ETJ, the county assigns who is going to be the responding fire service provider.

587
00:35:15,200 --> 00:35:18,240
 We're fortunate we have a very strong working relationship with the county, but at the end

588
00:35:18,240 --> 00:35:21,720
 of the day when it comes to emergency services, they're going to be looking at who can provide

589
00:35:21,720 --> 00:35:27,940
 the service to the development and as I mentioned previously, if it's a community that's the

590
00:35:27,940 --> 00:35:31,720
 closest, then that community may only have a volunteer fire department.

591
00:35:31,720 --> 00:35:35,340
 And so if the Mudd developer is satisfied with that, so be it.

592
00:35:35,340 --> 00:35:39,440
 In all likelihood, we're backfilling, we're either backfilling then to a community that's

593
00:35:39,440 --> 00:35:45,880
 responding or we're showing up as the second on site and given the resources that we have

594
00:35:45,880 --> 00:35:49,960
 here in the city of Denton, then we're able to provide a better quality of service potentially

595
00:35:49,960 --> 00:35:51,420
 if you will.

596
00:35:51,420 --> 00:35:58,000
 The other thing is that if we do, as I mentioned, the current policy is discouraging developers

597
00:35:58,000 --> 00:35:59,560
 from entering into development agreement.

598
00:35:59,560 --> 00:36:04,080
 So there's implications on the city should the development pursue annexation in the future.

599
00:36:04,080 --> 00:36:08,060
 And again, this is the potential then for us to be able to inherit substandard roads

600
00:36:08,060 --> 00:36:11,920
 or utilities that were constructed because if we do not have a development agreement

601
00:36:11,920 --> 00:36:17,360
 in place, then they have, if they're an ETJ one, they may have built to some of our standards.

602
00:36:17,360 --> 00:36:21,360
 We would have to continue to work with the county on what the roadway cross section is.

603
00:36:21,360 --> 00:36:23,880
 Basically if you're building within the city limits, it's curb and gutter.

604
00:36:23,880 --> 00:36:27,860
 If you're within the county, it's more of a rural street cross section with open bar

605
00:36:27,860 --> 00:36:31,360
 ditches associated with it to provide for the drainage.

606
00:36:31,360 --> 00:36:37,320
 So if we're able to enter into an agreement, then we can be able to stipulate how those

607
00:36:37,320 --> 00:36:41,960
 roads or those utilities shall be constructed and then who's also doing the inspection associated

608
00:36:41,960 --> 00:36:46,260
 with it and then being able to address and provide for the maintenance with that.

609
00:36:46,260 --> 00:36:50,800
 The other thing that we've learned with respect to the interim policy is ETJ one and two,

610
00:36:50,800 --> 00:36:53,120
 did we really treat those areas the same?

611
00:36:53,120 --> 00:37:00,280
 So knowing that our CCN does not extend within ETJ two, are we really concerned then about

612
00:37:00,280 --> 00:37:02,400
 the developments that are happening within that area?

613
00:37:02,400 --> 00:37:05,840
 Also we have to take into consideration DME's service area and the ability to provide the

614
00:37:05,840 --> 00:37:07,640
 electrical service.

615
00:37:07,640 --> 00:37:11,840
 Another thing that comes into play is whether or not we have overlapping ETJ areas.

616
00:37:11,840 --> 00:37:18,480
 So depending upon where the mud is locating, is it appropriate or could it potentially

617
00:37:18,480 --> 00:37:22,920
 annex within our community versus annexing into another community given their proximity

618
00:37:22,920 --> 00:37:24,300
 to that community.

619
00:37:24,300 --> 00:37:30,680
 And so also we recognize within ETJ one versus two, if a mud development is located within

620
00:37:30,680 --> 00:37:35,280
 ETJ one, there may be a greater likelihood of that development annexing into the city

621
00:37:35,280 --> 00:37:38,780
 compared to if it was located in ETJ two.

622
00:37:38,780 --> 00:37:42,800
 So again, as I mentioned earlier, it all comes down to then how does the city influence better

623
00:37:42,800 --> 00:37:47,760
 quality development within our ETJ knowing that we have limited authority to begin with,

624
00:37:47,760 --> 00:37:52,080
 but also then having consent be pursued.

625
00:37:52,080 --> 00:37:55,520
 Any questions before I get into the draft mud policy purpose?

626
00:37:55,520 --> 00:37:56,880
 Okay.

627
00:37:56,880 --> 00:38:02,360
 So the recommended policy purpose and goals that follow outline what the city would like

628
00:38:02,360 --> 00:38:06,640
 to achieve with respect to the muds through the policy update process.

629
00:38:06,640 --> 00:38:11,400
 The policy purpose and goals have been developed collectively by our outside consultant, our

630
00:38:11,400 --> 00:38:15,840
 legal team, our planning staff, as well as other members of the city of Denton team,

631
00:38:15,840 --> 00:38:19,160
 and then also researching information from other communities.

632
00:38:19,160 --> 00:38:23,640
 The intent would be to keep our policy at a high level as so that it can be flexible

633
00:38:23,640 --> 00:38:28,300
 over time, but also given the large area that it will apply to, you saw the map previously

634
00:38:28,300 --> 00:38:30,200
 with the ETJ areas shaded.

635
00:38:30,200 --> 00:38:34,680
 So this policy is applying to all of those areas that were shaded the blue and tan color.

636
00:38:34,680 --> 00:38:37,760
 We would like to add clarity to the policy and the mud review process.

637
00:38:37,760 --> 00:38:41,820
 We'd also like to be able to, again, influence quality development where at all possible.

638
00:38:41,820 --> 00:38:46,440
 And then we'd also like to potentially mitigate any financial implications on the city, especially

639
00:38:46,440 --> 00:38:49,380
 if the development were to annex into the city in the future.

640
00:38:49,380 --> 00:38:53,400
 So that's why our first four bullet points here to encourage muds to be in alignment

641
00:38:53,400 --> 00:38:56,400
 with city policy, technical requirements is important to us.

642
00:38:56,400 --> 00:39:01,480
 So again, it gets back to building the infrastructure consistent with our technical design standards

643
00:39:01,480 --> 00:39:05,260
 that we have in place, as well as meeting our subdivision ordinance requirements.

644
00:39:05,260 --> 00:39:09,900
 It's also being able to promote fiscal sustainability so that there's no future burden on the residents

645
00:39:09,900 --> 00:39:14,900
 of Denton, because again, when these developments come into play, if they annex within the city

646
00:39:14,900 --> 00:39:18,640
 or if they still stay out in the ETJ, but we're continuing to provide fire service,

647
00:39:18,640 --> 00:39:21,160
 as I mentioned earlier, there's a cost implication associated with that.

648
00:39:21,160 --> 00:39:25,120
 So we're interested in trying to make sure we protect our financial integrity and sustainability

649
00:39:25,120 --> 00:39:27,120
 within the community.

650
00:39:27,120 --> 00:39:30,560
 Also the whole policy purpose, we want to establish a framework for discussions with

651
00:39:30,560 --> 00:39:32,920
 the county for applications in the ETJ.

652
00:39:32,920 --> 00:39:37,360
 As I mentioned earlier, through our Q&A with Commissioner Smith, we've got a great working

653
00:39:37,360 --> 00:39:42,480
 relationship with the county, and we continue to review our interlocal agreement.

654
00:39:42,480 --> 00:39:47,320
 But we also want the county to be able to understand what are our expectations for development,

655
00:39:47,320 --> 00:39:49,760
 such as a mud that are forming within our ETJ.

656
00:39:49,760 --> 00:39:53,000
 So it also provides that vehicle for communication.

657
00:39:53,000 --> 00:39:55,920
 Also again, we want to establish a framework for development agreements if they are going

658
00:39:55,920 --> 00:39:58,200
 to be a condition of consent.

659
00:39:58,200 --> 00:40:02,480
 And then lastly, establish an application process that will outline submission requirements

660
00:40:02,480 --> 00:40:03,960
 for mud development applications.

661
00:40:03,960 --> 00:40:06,560
 So it's very clear in terms of what needs to be submitted.

662
00:40:06,560 --> 00:40:11,240
 It could be that there are different documents that are submitted for ETJ1 versus a mud proposing

663
00:40:11,240 --> 00:40:14,440
 to formulate within ETJ2.

664
00:40:14,440 --> 00:40:17,800
 So that lays the whole policy purpose, if you will.

665
00:40:17,800 --> 00:40:25,880
 So following that, what we did is we drafted 12 goals associated with the mud policy itself

666
00:40:25,880 --> 00:40:28,400
 in terms of what it would seek to achieve.

667
00:40:28,400 --> 00:40:33,840
 And so these goals provide the framework for us to be able to put more of the -- or it

668
00:40:33,840 --> 00:40:37,000
 provides the framework, or the bones, if you will, for the policy.

669
00:40:37,000 --> 00:40:40,760
 And so what we asked council was, okay, one, did you agree with the previous slide and

670
00:40:40,760 --> 00:40:43,200
 the purpose of what that policy should be?

671
00:40:43,200 --> 00:40:47,080
 And then secondly, we asked them, do you agree with these goals and if there's anything we've

672
00:40:47,080 --> 00:40:48,880
 missed with respect to it?

673
00:40:48,880 --> 00:40:52,880
 Because again, we viewed this as being the framework or the bones of the policy, and

674
00:40:52,880 --> 00:40:56,440
 we wanted to get their direction and concurrence on this before we went and really invested

675
00:40:56,440 --> 00:41:00,120
 a lot of time in the actual writing the details or the meat of the policy, if you will, the

676
00:41:00,120 --> 00:41:02,040
 meat on the bone associated with it.

677
00:41:02,040 --> 00:41:07,880
 So the first goal that we proposed for council's consideration is that the mud policy should

678
00:41:07,880 --> 00:41:12,200
 establish an equitable arrangement between the mud and the city in order to influence

679
00:41:12,200 --> 00:41:14,120
 the development as much as possible.

680
00:41:14,120 --> 00:41:15,520
 And the key word there is equitable.

681
00:41:15,520 --> 00:41:19,480
 Again, this goes back to right now it's tipped more like this, so we want to get it a little

682
00:41:19,480 --> 00:41:24,920
 more even and want to encourage them to come in and let us have a seat at the table.

683
00:41:24,920 --> 00:41:29,760
 Again, what they're wanting to get from us is consent, and if we're going to facilitate

684
00:41:29,760 --> 00:41:33,800
 that consent, then we want to ensure that with that comes a development agreement that

685
00:41:33,800 --> 00:41:36,720
 lays out our expectations associated with that.

686
00:41:36,720 --> 00:41:40,920
 Secondly, we want to establish clear guidelines with respect to the muds for the benefit of

687
00:41:40,920 --> 00:41:44,840
 council because they're the ones that review the consent requests that are received, but

688
00:41:44,840 --> 00:41:49,160
 also for ourselves so we know what we're evaluating and what the expectations are, but also for

689
00:41:49,160 --> 00:41:50,880
 the mud developer.

690
00:41:50,880 --> 00:41:55,640
 Also this allows for the county to be able to understand again our expectations of what

691
00:41:55,640 --> 00:42:00,200
 the city of Denton expects for mud development if they're going to negotiate with us.

692
00:42:00,200 --> 00:42:03,520
 Additionally, ideally the mud would be developed in a manner generally consistent with our

693
00:42:03,520 --> 00:42:04,520
 conference of plan.

694
00:42:04,520 --> 00:42:09,120
 Again, we have limited authority regarding land uses right now, and so with being in

695
00:42:09,120 --> 00:42:14,600
 a development agreement negotiation, we have the ability to partake in that conversation

696
00:42:14,600 --> 00:42:17,720
 regarding land uses that are being proposed within the mud and then the infrastructure

697
00:42:17,720 --> 00:42:20,160
 that supports them.

698
00:42:20,160 --> 00:42:23,960
 Number four, we want to encourage alignment with our technical design standards, including

699
00:42:23,960 --> 00:42:28,240
 but not limited to our roadway standards and then our water and wastewater standards particularly

700
00:42:28,240 --> 00:42:32,680
 within our CCN so that the services can be provided to and maintained for the mud over

701
00:42:32,680 --> 00:42:33,680
 time.

702
00:42:33,680 --> 00:42:36,320
 Again, we know that the residents that are property owners within the mud, they're making

703
00:42:36,320 --> 00:42:41,880
 a financial investment and so we want to make sure that the adequate infrastructure is provided

704
00:42:41,880 --> 00:42:45,880
 for, but again if this development eventually gets annexed into the city, then we want to

705
00:42:45,880 --> 00:42:49,840
 ensure that we know what we're receiving when it comes to the infrastructure and know that

706
00:42:49,840 --> 00:42:53,560
 it was built to city standards to give us a better idea of what the maintenance aspect

707
00:42:53,560 --> 00:42:56,320
 would be associated with that.

708
00:42:56,320 --> 00:43:00,500
 Our fifth goal was to ensure that the mud has adequate protective services including

709
00:43:00,500 --> 00:43:04,480
 fire police ambulance services for the safety of the residents in the greater community.

710
00:43:04,480 --> 00:43:07,640
 Again, we want to ensure that when people are at their greatest need and they're calling

711
00:43:07,640 --> 00:43:12,880
 911, that service has been assigned and it's on its way, but also then what are the implications

712
00:43:12,880 --> 00:43:18,360
 to us from a fire and emergency perspective with services and how that impacts the residents

713
00:43:18,360 --> 00:43:22,040
 of the city of Denton, especially like I said if we're having to backfill and send one of

714
00:43:22,040 --> 00:43:27,160
 our engines and/or trucks to another community to provide service because then that leaves

715
00:43:27,160 --> 00:43:31,760
 a void for us and so our team is backfilling and making sure that our community is provided

716
00:43:31,760 --> 00:43:32,760
 for.

717
00:43:32,760 --> 00:43:36,280
 We're also interested in number six, verifying the long-term fiscal sustainability of the

718
00:43:36,280 --> 00:43:40,040
 mud in order to protect the residents' investment and ensure that a financial burden is not

719
00:43:40,040 --> 00:43:44,400
 placed on the residents of Denton and I've already explained that one a couple of times

720
00:43:44,400 --> 00:43:46,280
 here as I've been presenting.

721
00:43:46,280 --> 00:43:49,940
 Number seven, encouraging environmental stewardship of mud lands and the provision of open space

722
00:43:49,940 --> 00:43:53,940
 for the long-term sustainability of the ETJ and the enjoyment of the mud residents.

723
00:43:53,940 --> 00:43:57,440
 We know when we worked on the update to the comprehensive plan that preservation of land

724
00:43:57,440 --> 00:44:03,000
 and open space, maintaining rural character, and protecting natural resources was of significance

725
00:44:03,000 --> 00:44:04,520
 to our community.

726
00:44:04,520 --> 00:44:08,880
 So if we have the ability to be able to influence that as part of our development agreement

727
00:44:08,880 --> 00:44:13,140
 negotiations then we'll try and do so.

728
00:44:13,140 --> 00:44:17,840
 Number eight, to prepare for potential future annexation of a mud in ETJ 1, we want to ensure

729
00:44:17,840 --> 00:44:21,480
 that the recommendations of the policy are implemented to facilitate the technical and

730
00:44:21,480 --> 00:44:24,060
 financial integration of the mud into the city.

731
00:44:24,060 --> 00:44:28,960
 So again, that goes back to the quality of the infrastructure that's built, the structures

732
00:44:28,960 --> 00:44:33,560
 themselves, having a level of inspections done associated with it because again, we're

733
00:44:33,560 --> 00:44:36,440
 not building inspections out there.

734
00:44:36,440 --> 00:44:41,160
 Also if we are to, with some of these mud developments, they may be building city facilities.

735
00:44:41,160 --> 00:44:45,240
 So let's say they decide to build a fire station.

736
00:44:45,240 --> 00:44:49,480
 The city of Denton is not in the interest of, or doesn't have the interest in inheriting

737
00:44:49,480 --> 00:44:52,120
 a Morton building fire station, right?

738
00:44:52,120 --> 00:44:58,840
 We have certain standards for us to be able to provide fire service and for our employees.

739
00:44:58,840 --> 00:45:04,120
 So this goes back into making sure that if we are to annex some mud within the city,

740
00:45:04,120 --> 00:45:09,000
 we know what we're getting, but that development was built to our standards to begin with instead

741
00:45:09,000 --> 00:45:12,360
 of some other standard.

742
00:45:12,360 --> 00:45:16,200
 Number nine for lands within ETJ 2, ensure that the recommendations of the policy are

743
00:45:16,200 --> 00:45:20,120
 implemented so that any possible negative offsite impacts of the development are minimized

744
00:45:20,120 --> 00:45:21,880
 and necessary services are provided.

745
00:45:21,880 --> 00:45:26,360
 Again, this goes back to adequate infrastructure being developed, but also one of the things

746
00:45:26,360 --> 00:45:31,560
 that we got into discussion about was, particularly within ETJ 2, what happens if a mud goes belly

747
00:45:31,560 --> 00:45:35,000
 up and they're no longer financially solvent?

748
00:45:35,000 --> 00:45:39,240
 Then who's going to be maintaining the roadways and the infrastructure that's out there and

749
00:45:39,240 --> 00:45:44,360
 providing for any services, especially if they had fire police, or excuse me, fire service

750
00:45:44,360 --> 00:45:48,320
 provide out there because the county would be providing sheriff's support.

751
00:45:48,320 --> 00:45:53,360
 But also if the development goes belly up, how does that impact other surrounding development

752
00:45:53,360 --> 00:45:54,360
 to the mud?

753
00:45:54,360 --> 00:45:56,640
 How does it influence from a land use perspective?

754
00:45:56,640 --> 00:46:02,400
 Because those surrounding property owners also have an interest in how the mud development

755
00:46:02,400 --> 00:46:06,120
 could impact their land as well.

756
00:46:06,120 --> 00:46:09,000
 Number 10, I've already pretty much touched on a couple of different times.

757
00:46:09,000 --> 00:46:14,560
 Again, providing a framework and discussion for conversations with the county.

758
00:46:14,560 --> 00:46:18,000
 Number 11, establish clear guidelines for a development agreement between the mud and

759
00:46:18,000 --> 00:46:21,800
 the city of Denton should the city decide its development agreement is advantageous.

760
00:46:21,800 --> 00:46:25,120
 Again, this is the key goal that we would be getting to.

761
00:46:25,120 --> 00:46:28,640
 Here what we talked about with council is council said we should establish what are

762
00:46:28,640 --> 00:46:29,640
 the minimums?

763
00:46:29,640 --> 00:46:33,320
 What are the minimum expectations that we, the city of Denton have for developments that

764
00:46:33,320 --> 00:46:38,640
 are wanting to locate within our ETJ and in wanting our consent?

765
00:46:38,640 --> 00:46:43,360
 So we feel like number 11 is really going to help with providing that direction and

766
00:46:43,360 --> 00:46:45,080
 then it becomes a negotiation, right?

767
00:46:45,080 --> 00:46:48,000
 The developer tells us, well, you know, I can live with all of these items except for

768
00:46:48,000 --> 00:46:52,200
 this one over here has really given me some grief, can we negotiate on that?

769
00:46:52,200 --> 00:46:56,240
 Then, you know, then the city council has the ability to continue to say, nope, sorry,

770
00:46:56,240 --> 00:47:00,960
 that's a non-negotiable point, that's a minimum for us and or, you know, yes, we are willing

771
00:47:00,960 --> 00:47:04,200
 to consider something differently because, you know, let's say the developer is offering

772
00:47:04,200 --> 00:47:07,120
 up something else that's comparable or better value.

773
00:47:07,120 --> 00:47:12,200
 So it, but again, it allows for that framework to be further established, if you will.

774
00:47:12,200 --> 00:47:16,320
 So the developer knows what the expectation is from the city of Denton should they want

775
00:47:16,320 --> 00:47:18,240
 to pursue consent from us.

776
00:47:18,240 --> 00:47:24,240
 And then the last item we had here and we added this as a result of some internal conversation

777
00:47:24,240 --> 00:47:28,720
 that we were having and it came up naturally in part of our conversation with council,

778
00:47:28,720 --> 00:47:32,880
 but that is should the city consider other alternative development financing tools instead

779
00:47:32,880 --> 00:47:36,440
 of the MUDs themselves because there are other financing mechanisms out there, whether it's

780
00:47:36,440 --> 00:47:41,200
 a public improvement district or a tax increment financing district that could come into play.

781
00:47:41,200 --> 00:47:45,840
 Typically, you know, the reason why developers are asking for some sort of financial incentive

782
00:47:45,840 --> 00:47:50,100
 and this time I am using the dollar sign, right, the financial incentive is because they're

783
00:47:50,100 --> 00:47:54,480
 looking at ways to receive revenues to offset the costs associated with providing for the

784
00:47:54,480 --> 00:47:57,440
 infrastructure and any other services that they might be providing.

785
00:47:57,440 --> 00:48:02,500
 So and so council is going to be looking at updating our public improvement district policy,

786
00:48:02,500 --> 00:48:07,800
 tax increment financing district policy, in the past we have not necessarily been supportive

787
00:48:07,800 --> 00:48:11,040
 of entering into those kind of agreements, it's my understanding.

788
00:48:11,040 --> 00:48:16,680
 And so the MUD has been the other mechanism in which the developments have pursued.

789
00:48:16,680 --> 00:48:21,760
 So item 12 is likely going to drop off in terms of the policy itself for the MUD purposes

790
00:48:21,760 --> 00:48:27,040
 because we will be intending to address that separately in another manner with updating

791
00:48:27,040 --> 00:48:29,720
 those with our economic development team.

792
00:48:29,720 --> 00:48:32,920
 These next set of slides, I'm not going to go through all of these because I basically

793
00:48:32,920 --> 00:48:33,920
 covered them all.

794
00:48:33,920 --> 00:48:37,960
 The only point I want to make here is just we put this matrix together with the challenges

795
00:48:37,960 --> 00:48:42,000
 on the left-hand side that we identified and then how we believe that our proposed MUD

796
00:48:42,000 --> 00:48:46,800
 policy update will be able to address those various challenges that were identified.

797
00:48:46,800 --> 00:48:50,760
 So you've got that in your packet and you can always look at that at a later date.

798
00:48:50,760 --> 00:48:55,760
 So again, direction from council, we received some direction, I've got that on the following

799
00:48:55,760 --> 00:48:58,480
 slide here at their meeting last week.

800
00:48:58,480 --> 00:49:02,440
 Our next steps now would then be to update the policy and the application requirements.

801
00:49:02,440 --> 00:49:06,320
 We anticipate that this is going to be an overhaul of the policy.

802
00:49:06,320 --> 00:49:09,840
 There are a few good nuggets of information that are in our current interim policy that

803
00:49:09,840 --> 00:49:15,240
 we believe are valid and be able to move forward into our updated policy.

804
00:49:15,240 --> 00:49:18,680
 But really, because of the fact that we have all of the application requirements intertwined

805
00:49:18,680 --> 00:49:22,400
 within this policy itself, we're going to pull the application requirement information

806
00:49:22,400 --> 00:49:26,780
 out, create our separate application framework of which we'll return to council with that.

807
00:49:26,780 --> 00:49:30,480
 But we'll have that all listed out of here's what you need to submit if you're going to

808
00:49:30,480 --> 00:49:35,080
 do an application for consent from the city of Denton and then here's also the MUD policy.

809
00:49:35,080 --> 00:49:38,600
 Because again, remember from all of our comp plan discussions, policies high level provides

810
00:49:38,600 --> 00:49:43,600
 that policy direction and then the implementation comes through in this case with the development

811
00:49:43,600 --> 00:49:47,760
 agreement and then all of our technical design manuals and what have you that we have.

812
00:49:47,760 --> 00:49:53,180
 We anticipate bringing back the updated policy and the application requirements later this

813
00:49:53,180 --> 00:49:54,180
 year.

814
00:49:54,180 --> 00:49:56,200
 It'll likely be late summer, early fall.

815
00:49:56,200 --> 00:49:59,320
 It's possible we could have some additional conversations with council between now and

816
00:49:59,320 --> 00:50:01,720
 then as we work on this.

817
00:50:01,720 --> 00:50:05,520
 But basically what we heard from council was they were in agreement with the MUD policy

818
00:50:05,520 --> 00:50:08,120
 purpose and all of the goals that we presented.

819
00:50:08,120 --> 00:50:12,160
 Additionally, they did concur with pursuing development agreements as a potential condition

820
00:50:12,160 --> 00:50:15,640
 of consent should certain minimum development requirements be achieved.

821
00:50:15,640 --> 00:50:19,940
 And I spoke to that earlier again, identifying in the policy, these are the minimum expectations

822
00:50:19,940 --> 00:50:24,480
 that we have if you want to form a MUD within our ETJ and if you're wanting to pursue our

823
00:50:24,480 --> 00:50:29,160
 consent so that they know going in what the expectation in terms of whether it was there

824
00:50:29,160 --> 00:50:32,640
 anything that we missed, they did not identify anything.

825
00:50:32,640 --> 00:50:36,560
 I'm sure as we work on this, we may identify some additional items where we're going to

826
00:50:36,560 --> 00:50:38,040
 need their direction.

827
00:50:38,040 --> 00:50:44,600
 So we'll likely be back before council before late summer, early, early fall with that conversation.

828
00:50:44,600 --> 00:50:47,440
 So I appreciate your attention.

829
00:50:47,440 --> 00:50:51,680
 I know that was a very long presentation in kind of a dry subject matter to some extent,

830
00:50:51,680 --> 00:50:54,920
 but happy to address any additional questions that the commission may have.

831
00:50:54,920 --> 00:50:55,920
 Commissioner Smith.

832
00:50:55,920 --> 00:50:56,920
 Thank you, Chair.

833
00:50:56,920 --> 00:50:57,920
 Wow.

834
00:50:57,920 --> 00:50:58,920
 That was boring.

835
00:50:58,920 --> 00:50:59,920
 No, I'm just kidding.

836
00:50:59,920 --> 00:51:00,920
 I would wholeheartedly concur.

837
00:51:00,920 --> 00:51:06,360
 No, I think it's actually, it's very interesting.

838
00:51:06,360 --> 00:51:09,200
 Obviously the biggest risk that keeps coming to my mind as we're going through this talk

839
00:51:09,200 --> 00:51:12,880
 about MUDs is the event of insolvency, right?

840
00:51:12,880 --> 00:51:21,660
 That taxpayers aren't there to be able to pay the, pay the due on the bond itself.

841
00:51:21,660 --> 00:51:27,320
 Do we have mechanisms in the developer agreement for what happens in the event of insolvency?

842
00:51:27,320 --> 00:51:32,400
 Does that already exist somewhere where essentially, because my concern would be, you know, I'm

843
00:51:32,400 --> 00:51:35,960
 sure, I think you guys did a great job of encompassing 99% of it, so I'm going to point

844
00:51:35,960 --> 00:51:38,680
 out the 1% chance piece, right?

845
00:51:38,680 --> 00:51:45,560
 That a municipal utility district has created, whether through mismanagement, misappropriation,

846
00:51:45,560 --> 00:51:49,360
 embezzlement, something criminal, it becomes insolvent.

847
00:51:49,360 --> 00:51:54,120
 And at that point in time, because of mismanagement, even the utilities themselves have not been

848
00:51:54,120 --> 00:51:56,480
 maintained at that point in time.

849
00:51:56,480 --> 00:52:02,600
 The MUD goes insolvent, those citizens that are not in the annexed area of the city, not

850
00:52:02,600 --> 00:52:06,880
 the city limits, decide, well, we need to get this crap fixed.

851
00:52:06,880 --> 00:52:11,120
 And then they come and vote through the annexation process, which I don't know off the top of

852
00:52:11,120 --> 00:52:12,120
 my head.

853
00:52:12,120 --> 00:52:14,880
 I'd love for Hillary to fill me in maybe at a different time on how the whole annexation

854
00:52:14,880 --> 00:52:19,000
 process works now since the House bill we had I think in 2019 or so.

855
00:52:19,000 --> 00:52:20,420
 And we have that as a boot camp item.

856
00:52:20,420 --> 00:52:21,420
 Oh, cool.

857
00:52:21,420 --> 00:52:22,420
 Awesome.

858
00:52:22,420 --> 00:52:28,680
 But my fear would then be the city then is they voluntarily annex, we bring them in,

859
00:52:28,680 --> 00:52:33,860
 and we take over a utility infrastructure that is insufficient.

860
00:52:33,860 --> 00:52:39,400
 So what protections does the development agreement, anything in the revision of this policy do

861
00:52:39,400 --> 00:52:42,480
 to protect the city in that event?

862
00:52:42,480 --> 00:52:43,480
 That's a great question.

863
00:52:43,480 --> 00:52:46,920
 And I'm actually going to call upon Scott, because I know right now we're currently negotiating

864
00:52:46,920 --> 00:52:50,520
 the development agreement with Legend Ranch.

865
00:52:50,520 --> 00:52:56,880
 Do we address insolvency or what happens or have we engaged in that conversation, Scott?

866
00:52:56,880 --> 00:52:59,440
 It looks like he started to.

867
00:52:59,440 --> 00:53:02,520
 No, I'm actually looking right now just to confirm.

868
00:53:02,520 --> 00:53:06,040
 But ultimately, that's what we're attempting to do with the policy is try to address all

869
00:53:06,040 --> 00:53:10,120
 of those provisions to make sure that we have whatever that might look like.

870
00:53:10,120 --> 00:53:12,280
 But let me, I'm doing the research.

871
00:53:12,280 --> 00:53:17,640
 Yeah, because it almost be like, and just for feedback, if there's a way for there to

872
00:53:17,640 --> 00:53:21,680
 be a clause in there about insolvency in the event of insolvency that that then allows

873
00:53:21,680 --> 00:53:26,000
 counsel to then vote to be able to create a PID at that point in time.

874
00:53:26,000 --> 00:53:32,720
 Just because that's it's sad, obviously, that there's this certain area that is not part

875
00:53:32,720 --> 00:53:36,120
 of the city that then becomes a part of the city that their infrastructure is run down

876
00:53:36,120 --> 00:53:37,800
 because of poor mismanagement.

877
00:53:37,800 --> 00:53:42,680
 The citizens did vote for the politicians to go in and be the board of the municipal

878
00:53:42,680 --> 00:53:43,680
 utilities district.

879
00:53:43,680 --> 00:53:48,000
 So it's unfair that their politicians they voted in have mismanaged it, therefore creating

880
00:53:48,000 --> 00:53:52,280
 a bad situation for them, but at the same time to protect the citizens of Denton.

881
00:53:52,280 --> 00:53:56,560
 If annexation rules don't change in house legislature, then it's not fair to citizens

882
00:53:56,560 --> 00:53:58,440
 who exist now to have to pick up the bill on that.

883
00:53:58,440 --> 00:54:02,880
 And so the ability to then have a PID to be able to create to essentially levy more taxes

884
00:54:02,880 --> 00:54:06,960
 against those that come into the city, but those are the ones that should have to weigh

885
00:54:06,960 --> 00:54:07,960
 that bill.

886
00:54:07,960 --> 00:54:12,720
 And that's a very infinitesimal small percentage chance, but it would protect the existing

887
00:54:12,720 --> 00:54:15,560
 citizens in my opinion.

888
00:54:15,560 --> 00:54:20,600
 The question I had was, did you guys consult with Dallas Builders Association, any other

889
00:54:20,600 --> 00:54:21,600
 developers?

890
00:54:21,600 --> 00:54:22,600
 Yeah.

891
00:54:22,600 --> 00:54:26,960
 Is that part of the process and stakeholder can stakeholder input be able to see just because

892
00:54:26,960 --> 00:54:30,840
 that hate for us to go through a bunch of work on revising a policy that right now is

893
00:54:30,840 --> 00:54:35,480
 cumbersome to the point where they're avoiding it and just still going through the more cumbersome

894
00:54:35,480 --> 00:54:44,600
 process of not going through TCEQ and instead of going to the state instead, it'd be good

895
00:54:44,600 --> 00:54:50,520
 to know if what the revisions made are less cumbersome, therefore more enticing and beneficial

896
00:54:50,520 --> 00:54:52,960
 for both sides in this process.

897
00:54:52,960 --> 00:54:56,200
 And I think you used a few key words there, yes.

898
00:54:56,200 --> 00:55:01,240
 So we've had some conversations with the Home Builders Association.

899
00:55:01,240 --> 00:55:05,220
 We're ultimately talking to some of the developers that are doing that.

900
00:55:05,220 --> 00:55:08,440
 They ultimately are looking for our consent.

901
00:55:08,440 --> 00:55:14,520
 Much of what we're asking for are the same documents that they're required to provide.

902
00:55:14,520 --> 00:55:20,600
 So we are trying to entice them, we're trying to encourage them, and we're trying to influence

903
00:55:20,600 --> 00:55:26,080
 more positive development with everything that we can without of course chasing them

904
00:55:26,080 --> 00:55:27,080
 away.

905
00:55:27,080 --> 00:55:29,000
 They have the ability to do that.

906
00:55:29,000 --> 00:55:33,800
 So why we have a captive audience, we're trying to do the things that we can.

907
00:55:33,800 --> 00:55:39,260
 And from the insolvency, we'll look into that.

908
00:55:39,260 --> 00:55:41,280
 I don't have that answer today.

909
00:55:41,280 --> 00:55:44,560
 I think that really gets into the bond piece and what they're doing with the legislature

910
00:55:44,560 --> 00:55:49,320
 because it is a separate taxing entity that isn't necessarily with us.

911
00:55:49,320 --> 00:55:53,480
 That agreement really gets into that we're going to ensure any of the infrastructure

912
00:55:53,480 --> 00:55:59,480
 that we may acquire at a later date will be built to our standards and then when it is

913
00:55:59,480 --> 00:56:00,480
 that it's annexed.

914
00:56:00,480 --> 00:56:05,800
 Sure, and they're obviously going to be formed as GO bonds for the most part, right?

915
00:56:05,800 --> 00:56:09,680
 So they're going to be general obligation of the actual taxing body itself.

916
00:56:09,680 --> 00:56:13,640
 So it just gets a little bit confusing when we talk about like revenue bonds, not necessarily

917
00:56:13,640 --> 00:56:14,640
 a revenue bond.

918
00:56:14,640 --> 00:56:16,000
 It's going to be a general obligation bond.

919
00:56:16,000 --> 00:56:17,240
 Is there a sinking fund tied to it?

920
00:56:17,240 --> 00:56:20,640
 I mean, I just don't know how those and MUDs how traditionally the bond structure is and

921
00:56:20,640 --> 00:56:24,360
 I don't want to we can have a whole ton of Yeah, and I don't think we're getting involved

922
00:56:24,360 --> 00:56:25,360
 in any of that.

923
00:56:25,360 --> 00:56:26,360
 I didn't think so.

924
00:56:26,360 --> 00:56:27,360
 That's why I'm not asking about it.

925
00:56:27,360 --> 00:56:31,780
 I'm just more concerned about that piece of it's not not really the purview of the city,

926
00:56:31,780 --> 00:56:35,760
 but insolvency becomes a part of the city that becomes a problem.

927
00:56:35,760 --> 00:56:40,520
 So that's that's something that that they then want to voluntarily annex and now we're

928
00:56:40,520 --> 00:56:41,520
 doing that.

929
00:56:41,520 --> 00:56:44,200
 So yeah, we'll get that definitive answer.

930
00:56:44,200 --> 00:56:45,760
 Thank you.

931
00:56:45,760 --> 00:56:57,280
 Yeah, I would just want to echo many of the thoughts of yeah.

932
00:56:57,280 --> 00:57:00,880
 Thank you, Commissioner Tim.

933
00:57:00,880 --> 00:57:04,040
 It's Wednesday and it feels like Friday to me.

934
00:57:04,040 --> 00:57:10,320
 The only couple things I picked up on were one when we're and I recognize this is stuff

935
00:57:10,320 --> 00:57:14,760
 that that we're working through because this is the bones but when I hear terms like quality

936
00:57:14,760 --> 00:57:18,400
 development and that sort of thing, it's a little hard for me to envision exactly what

937
00:57:18,400 --> 00:57:20,680
 the list of things are in the background and that's fine.

938
00:57:20,680 --> 00:57:22,680
 I don't need to know right now.

939
00:57:22,680 --> 00:57:28,440
 But I guess the one point I wanted to make out when we were when you mentioned, you know,

940
00:57:28,440 --> 00:57:35,160
 for instance, the infrastructure quality of roadways or whatever it is.

941
00:57:35,160 --> 00:57:40,480
 You can have different deficiencies right where one might be an inadequate subgrade

942
00:57:40,480 --> 00:57:46,000
 and geological survey leading to premature failure.

943
00:57:46,000 --> 00:57:50,880
 And then another may be well, okay, they built bar ditches instead of curb and gutter and

944
00:57:50,880 --> 00:57:52,640
 that sort of thing.

945
00:57:52,640 --> 00:58:01,000
 And so just as a pin to put in it, I would say as we're drafting that, it would be good

946
00:58:01,000 --> 00:58:07,220
 to make sure that we're not forcing them to build something that over the long term is

947
00:58:07,220 --> 00:58:11,560
 more expensive for them to maintain increasing the likelihood of leading to an insolvency

948
00:58:11,560 --> 00:58:15,000
 situation or something like that, right into to help address that.

949
00:58:15,000 --> 00:58:19,280
 So, you know, if if what we've adopted in the Denton Development Code is the best standards

950
00:58:19,280 --> 00:58:22,360
 out there, you know, because that's what you know how we're regulating development within

951
00:58:22,360 --> 00:58:27,520
 the city and in TCQ minimum requirements are here in terms of what the mud developer has

952
00:58:27,520 --> 00:58:28,520
 to build.

953
00:58:28,520 --> 00:58:32,120
 Then what we're trying to do is shore up that distance or or that delta if you will not

954
00:58:32,120 --> 00:58:36,480
 distance but shore up that delta and the quality of the construction because ideally we want

955
00:58:36,480 --> 00:58:39,520
 them building to our standards because our standards are the best, right.

956
00:58:39,520 --> 00:58:44,520
 And so so that way, you know, there's been a lot of thought that has gone into our design

957
00:58:44,520 --> 00:58:51,860
 standards that we have today and to provide for quality roadways and to be able to ensure

958
00:58:51,860 --> 00:58:54,880
 maintenance over time and also minimize maintenance over time, right.

959
00:58:54,880 --> 00:58:57,560
 Because presumably if they're they're built to our standards, then we're trying to ensure

960
00:58:57,560 --> 00:59:01,280
 that these roads are going to last or these utilities are going to last.

961
00:59:01,280 --> 00:59:05,400
 So the goal is to close that delta so that they're building to our standards and so that

962
00:59:05,400 --> 00:59:08,280
 we that we know what we're receiving.

963
00:59:08,280 --> 00:59:11,360
 Presumably if they're building to our standards again, if our standards are the best and they're

964
00:59:11,360 --> 00:59:16,000
 building to those standards, then ideally that's going to minimize any maintenance considerations

965
00:59:16,000 --> 00:59:17,440
 longer term.

966
00:59:17,440 --> 00:59:20,900
 Also as part of the development agreement, we would have provisions in there also from

967
00:59:20,900 --> 00:59:25,040
 an inspection standpoint to hold the accountability to make sure that the infrastructure is being

968
00:59:25,040 --> 00:59:27,120
 built to the standard that we want it built to.

969
00:59:27,120 --> 00:59:31,840
 So I feel like the developments, the development agreement itself, when we negotiate those

970
00:59:31,840 --> 00:59:38,080
 terms, we'll be able to address any of those concerns as it relates to infrastructure improvements.

971
00:59:38,080 --> 00:59:42,680
 Because again, I mean, ideally we want to minimize any impact to the residents within

972
00:59:42,680 --> 00:59:46,320
 the mud development, but most importantly, we're concerned about minimizing any financial

973
00:59:46,320 --> 00:59:49,160
 implications associated with the city of Denton in the long term.

974
00:59:49,160 --> 00:59:53,520
 Yeah, no, I appreciate that.

975
00:59:53,520 --> 01:00:00,920
 I wonder whether our DDC requirements are optimized for lowest long term cost or whether they're

976
01:00:00,920 --> 01:00:06,760
 optimized for the type of city that we want to see in and around our residents.

977
01:00:06,760 --> 01:00:08,760
 And I think that's a different conversation.

978
01:00:08,760 --> 01:00:12,880
 That's a definite different conversation, not part of what we're discussing.

979
01:00:12,880 --> 01:00:18,280
 And I'm not trying to shut you down, but I'm going to shut you down on that one.

980
01:00:18,280 --> 01:00:20,840
 I understand that.

981
01:00:20,840 --> 01:00:21,840
 I think that's it.

982
01:00:21,840 --> 01:00:22,840
 Thank you.

983
01:00:22,840 --> 01:00:23,840
 You're welcome.

984
01:00:23,840 --> 01:00:24,840
 Thank you.

985
01:00:24,840 --> 01:00:27,840
 Anybody else?

986
01:00:27,840 --> 01:00:32,520
 Great information, Tina, and certainly something we don't discuss very often, and it is a needed

987
01:00:32,520 --> 01:00:33,520
 revision.

988
01:00:33,520 --> 01:00:39,600
 And so question, is this coming back before us or are you just then continuing to take

989
01:00:39,600 --> 01:00:40,880
 this through council?

990
01:00:40,880 --> 01:00:45,080
 The intention is that we'll continue to take this through council, however, if along the

991
01:00:45,080 --> 01:00:49,000
 way if we feel like there is input that's needed from the commission, then we may bring

992
01:00:49,000 --> 01:00:50,000
 that to you.

993
01:00:50,000 --> 01:00:51,000
 Or even just kind of as you--

994
01:00:51,000 --> 01:00:52,000
 As an informative item.

995
01:00:52,000 --> 01:00:53,000
 Yeah, like this again.

996
01:00:53,000 --> 01:00:58,520
 I think it's really great to understand it and know what council has kind of directed

997
01:00:58,520 --> 01:01:02,120
 you to do just so we kind of are all on the same page with that.

998
01:01:02,120 --> 01:01:03,120
 That would be great.

999
01:01:03,120 --> 01:01:06,040
 Just another update down the road as you're drafting.

1000
01:01:06,040 --> 01:01:07,040
 Absolutely.

1001
01:01:07,040 --> 01:01:11,120
 I think, absolutely, I'm happy to do that because you're right, especially with these

1002
01:01:11,120 --> 01:01:15,560
 developments being within ETJ1, then you could potentially be seeing some of the plots come

1003
01:01:15,560 --> 01:01:16,560
 through for that.

1004
01:01:16,560 --> 01:01:17,560
 Yeah.

1005
01:01:17,560 --> 01:01:21,360
 And I hope we can get that-- stay on that timeline because clearly with all that's before

1006
01:01:21,360 --> 01:01:25,160
 you to consider consent on, yeah, it's important.

1007
01:01:25,160 --> 01:01:26,160
 Thank you.

1008
01:01:26,160 --> 01:01:27,160
 You're welcome.

1009
01:01:27,160 --> 01:01:28,160
 Okay.

1010
01:01:28,160 --> 01:01:33,480
 Everyone, we were going to move on with our clarification of agenda items.

1011
01:01:33,480 --> 01:01:39,960
 I will look to you, do you want to break for a moment, get food and do the rest of our

1012
01:01:39,960 --> 01:01:40,960
 work session?

1013
01:01:40,960 --> 01:01:41,960
 Okay.

1014
01:01:41,960 --> 01:01:45,680
 Let's break work session at 6.05 PM.

1015
01:01:45,680 --> 01:01:55,860
 We'll reconvene here as soon as you've got your plates and we'll continue.

1016
01:01:55,860 --> 01:01:56,860
 Thank you.

1017
01:01:56,860 --> 01:02:01,200
 And I'm going to call our work session back to order at 6.11 PM.

1018
01:02:01,200 --> 01:02:06,720
 We will continue with our work session agenda, which is clarification of agenda on our meeting

1019
01:02:06,720 --> 01:02:07,720
 tonight.

1020
01:02:07,720 --> 01:02:10,200
 First thing would be minutes.

1021
01:02:10,200 --> 01:02:16,960
 Are there any need for any discussion on minutes here at the work session?

1022
01:02:16,960 --> 01:02:18,480
 Okay.

1023
01:02:18,480 --> 01:02:21,560
 Then items for individual consideration, 3A, PP220012.

1024
01:02:21,560 --> 01:02:22,560
 Hello.

1025
01:02:22,560 --> 01:02:23,560
 Good evening.

1026
01:02:23,560 --> 01:02:24,560
 Is it Ashley?

1027
01:02:24,560 --> 01:02:25,560
 Yes, it is Ashley.

1028
01:02:25,560 --> 01:02:26,560
 Hello, Ashley.

1029
01:02:26,560 --> 01:02:27,560
 Hello.

1030
01:02:27,560 --> 01:02:39,880
 Assistant Planner, City of Denton.

1031
01:02:39,880 --> 01:02:46,280
 This is PP220012, and this is a preliminary platform industrial use at the intersection

1032
01:02:46,280 --> 01:02:49,200
 of Moss Branch Road and Jim Crystal Road.

1033
01:02:49,200 --> 01:02:51,360
 And at this time staff is recommending denial.

1034
01:02:51,360 --> 01:02:54,160
 They still have a couple of comments that they need to work through, but we have no

1035
01:02:54,160 --> 01:02:57,600
 objection to the requested extension until June 22nd.

1036
01:02:57,600 --> 01:02:58,600
 Excellent.

1037
01:02:58,600 --> 01:02:59,600
 Any questions for Ashley?

1038
01:02:59,600 --> 01:03:00,600
 Thank you.

1039
01:03:00,600 --> 01:03:01,600
 Thank you.

1040
01:03:01,600 --> 01:03:02,600
 Okay.

1041
01:03:02,600 --> 01:03:12,360
 That'll take us to 3B, PP22008.

1042
01:03:12,360 --> 01:03:13,360
 Lisa's making her way up.

1043
01:03:13,360 --> 01:03:14,360
 Hi, Lisa.

1044
01:03:14,360 --> 01:03:15,360
 Hi.

1045
01:03:15,360 --> 01:03:16,360
 Good evening, everybody.

1046
01:03:16,360 --> 01:03:19,880
 Lisa Payne, Principal Planner, City of Denton.

1047
01:03:19,880 --> 01:03:22,880
 This is a preliminary platform Millennium Crest.

1048
01:03:22,880 --> 01:03:24,600
 It's a proposed multifamily use.

1049
01:03:24,600 --> 01:03:29,680
 A 30-day extension was approved last month, but the plot still does not meet all the criteria

1050
01:03:29,680 --> 01:03:33,240
 for approval, so staff recommends denial.

1051
01:03:33,240 --> 01:03:39,560
 This one, two weeks ago, an appeal of administrative decision was submitted regarding the approval

1052
01:03:39,560 --> 01:03:43,480
 of the Millennium Crest Zoning Compliance Plan.

1053
01:03:43,480 --> 01:03:48,060
 The Denton Development Code and the Texas Local Government Code state that an appeal

1054
01:03:48,060 --> 01:03:54,040
 stays all related proceedings from further action unless it would create adverse impacts.

1055
01:03:54,040 --> 01:04:00,080
 However, that conflicts with the Shot Clock Law that requires the automatic approval of

1056
01:04:00,080 --> 01:04:05,760
 plots that have not been approved or denied by the city within 60 days if an extension

1057
01:04:05,760 --> 01:04:08,360
 has been requested.

1058
01:04:08,360 --> 01:04:12,120
 Because the plot was already under review when the appeal was submitted, best practice

1059
01:04:12,120 --> 01:04:17,280
 would be to take action on the plot tonight so that there's not a result of an automatic

1060
01:04:17,280 --> 01:04:18,280
 approval.

1061
01:04:18,280 --> 01:04:21,760
 So, once again, staff recommends denial, and I'm available for questions.

1062
01:04:21,760 --> 01:04:22,760
 Thank you.

1063
01:04:22,760 --> 01:04:26,780
 Lisa, is that set for ZBA yet?

1064
01:04:26,780 --> 01:04:31,960
 We have a tentative date of June 27th, that last Monday of the month, assuming we can

1065
01:04:31,960 --> 01:04:32,960
 get a quorum.

1066
01:04:32,960 --> 01:04:34,200
 We just need to confirm.

1067
01:04:34,200 --> 01:04:35,200
 Got it.

1068
01:04:35,200 --> 01:04:36,200
 Okay.

1069
01:04:36,200 --> 01:04:37,200
 Any questions on that?

1070
01:04:37,200 --> 01:04:38,200
 Okay.

1071
01:04:38,200 --> 01:04:39,200
 Thank you.

1072
01:04:39,200 --> 01:04:50,640
 That will take us to 3C, FP220012A, and I believe we had a very late email on this one.

1073
01:04:50,640 --> 01:04:51,640
 Hi, Julie.

1074
01:04:51,640 --> 01:04:52,640
 Yes, you did.

1075
01:04:52,640 --> 01:04:54,480
 I'm Julie Wyatt, Senior Planner with the City of Denton.

1076
01:04:54,480 --> 01:04:57,720
 You did receive an email from us today.

1077
01:04:57,720 --> 01:05:02,600
 This is a final plot for Unit 26 of Robeson Ranch.

1078
01:05:02,600 --> 01:05:04,120
 It's single-family residential.

1079
01:05:04,120 --> 01:05:07,960
 It's consistent with the plan development as well as the preliminary plot.

1080
01:05:07,960 --> 01:05:10,800
 They had a couple of corrections they needed to make to the plot.

1081
01:05:10,800 --> 01:05:16,220
 However, they have made them, and so staff is now recommending approval, which is a change

1082
01:05:16,220 --> 01:05:20,040
 of our recommendation from the original agenda posting.

1083
01:05:20,040 --> 01:05:23,000
 I'll be happy to answer any questions.

1084
01:05:23,000 --> 01:05:24,000
 Thank you, Julie.

1085
01:05:24,000 --> 01:05:25,000
 Any questions?

1086
01:05:25,000 --> 01:05:26,000
 Commissioner Cole.

1087
01:05:26,000 --> 01:05:27,000
 Hi, Julie.

1088
01:05:27,000 --> 01:05:36,340
 Could you kind of ... I need to know if that northwestern point, I think I asked this before,

1089
01:05:36,340 --> 01:05:40,720
 if on this it doesn't blow up enough, so I can't tell the property owner up there.

1090
01:05:40,720 --> 01:05:41,760
 Is that us?

1091
01:05:41,760 --> 01:05:43,960
 I don't believe so, but I will check.

1092
01:05:43,960 --> 01:05:44,960
 Would you please?

1093
01:05:44,960 --> 01:05:45,960
 Yes, sir.

1094
01:05:45,960 --> 01:05:46,960
 Absolutely.

1095
01:05:46,960 --> 01:05:47,960
 Thank you so much.

1096
01:05:47,960 --> 01:05:48,960
 Any other questions?

1097
01:05:48,960 --> 01:05:52,120
 Any other questions for Julie?

1098
01:05:52,120 --> 01:05:54,840
 I do not see any.

1099
01:05:54,840 --> 01:05:59,100
 I think you're staying right up here for 3D, FP220013.

1100
01:05:59,100 --> 01:06:03,480
 Julie Wyatt, Senior Planner.

1101
01:06:03,480 --> 01:06:10,640
 This is a final plot for a portion of the Ed Robeson Boulevard within the Robeson Ranch

1102
01:06:10,640 --> 01:06:12,040
 development.

1103
01:06:12,040 --> 01:06:16,720
 Staff does recommend approval of the request as it meets all of our criteria for approval.

1104
01:06:16,720 --> 01:06:22,700
 Questions on this one?

1105
01:06:22,700 --> 01:06:30,820
 That will take us then to 3E, PP220011, those remaining.

1106
01:06:30,820 --> 01:06:36,000
 This is a preliminary plat for the Woodrow multifamily addition.

1107
01:06:36,000 --> 01:06:38,280
 It's at the intersection, or I'm sorry.

1108
01:06:38,280 --> 01:06:44,180
 It's south of the intersection of Woodrow and McKinney on the east side of Woodrow.

1109
01:06:44,180 --> 01:06:45,440
 It is a preliminary plat.

1110
01:06:45,440 --> 01:06:46,540
 This might look familiar.

1111
01:06:46,540 --> 01:06:54,520
 You saw the SUP last meeting for the site, and there's another item on the agenda tonight.

1112
01:06:54,520 --> 01:06:58,240
 They do have some items that they need to correct on the plan development, or I'm sorry,

1113
01:06:58,240 --> 01:07:01,860
 on the preliminary plat, and so staff recommends denial.

1114
01:07:01,860 --> 01:07:07,360
 They have requested an extension, and staff has no objection to the extension to the June

1115
01:07:07,360 --> 01:07:10,280
 22nd meeting.

1116
01:07:10,280 --> 01:07:12,240
 Questions?

1117
01:07:12,240 --> 01:07:13,240
 Commissioner McDade.

1118
01:07:13,240 --> 01:07:14,240
 Thank you, Chair.

1119
01:07:14,240 --> 01:07:18,240
 You said there was something else on the agenda other than this?

1120
01:07:18,240 --> 01:07:19,240
 Yes, sir.

1121
01:07:19,240 --> 01:07:20,240
 It's the next item on.

1122
01:07:20,240 --> 01:07:21,240
 Okay, okay.

1123
01:07:21,240 --> 01:07:22,240
 Yes, sir.

1124
01:07:22,240 --> 01:07:23,240
 All right.

1125
01:07:23,240 --> 01:07:24,240
 I just want to make sure I heard you correctly.

1126
01:07:24,240 --> 01:07:25,240
 Yes, sir.

1127
01:07:25,240 --> 01:07:26,240
 All right.

1128
01:07:26,240 --> 01:07:27,240
 Okay.

1129
01:07:27,240 --> 01:07:28,240
 Thank you, Julie.

1130
01:07:28,240 --> 01:07:29,240
 Thank you.

1131
01:07:29,240 --> 01:07:33,240
 Taking us to then 3F, S220002.

1132
01:07:33,240 --> 01:07:40,240
 Julie, it is your show this evening.

1133
01:07:40,240 --> 01:07:41,240
 All right.

1134
01:07:41,240 --> 01:07:42,240
 Julie Wyatt, senior planner.

1135
01:07:42,240 --> 01:07:48,240
 This is S220002C, pathway on Woodrow.

1136
01:07:48,240 --> 01:07:51,280
 I just have a couple of slides just to talk about.

1137
01:07:51,280 --> 01:07:53,920
 So in summary, you might remember this project.

1138
01:07:53,920 --> 01:07:57,320
 It did come before you on the May 11th meeting.

1139
01:07:57,320 --> 01:08:03,700
 It was for a specific use permit for 285 dwelling units in the suburban corridor district.

1140
01:08:03,700 --> 01:08:08,360
 That item was presented to the Planning and Zoning Commission for a recommendation.

1141
01:08:08,360 --> 01:08:11,420
 PNZ did recommend denial of that request.

1142
01:08:11,420 --> 01:08:18,520
 Staff recommended approval as it was consistent with the comprehensive plan.

1143
01:08:18,520 --> 01:08:23,080
 So tonight coming before you is actually a reconsideration of that.

1144
01:08:23,080 --> 01:08:25,760
 So the Code of Ordinances does speak to that.

1145
01:08:25,760 --> 01:08:31,880
 A member who voted with the prevailing side of a prior motion may make a motion to reconsider

1146
01:08:31,880 --> 01:08:33,320
 at the next meeting.

1147
01:08:33,320 --> 01:08:35,440
 So that would be tonight's meeting.

1148
01:08:35,440 --> 01:08:39,420
 The motion can be seconded by any member.

1149
01:08:39,420 --> 01:08:44,240
 One of the commissioners did request that the item be placed on tonight's agenda for

1150
01:08:44,240 --> 01:08:49,000
 that discussion among members in a motion.

1151
01:08:49,000 --> 01:08:55,720
 If the motion to reconsider carries, then a new public hearing would have to go forward

1152
01:08:55,720 --> 01:08:57,760
 along with public notification.

1153
01:08:57,760 --> 01:09:04,640
 The earliest meeting that it could go back before you would be the June 22nd meeting.

1154
01:09:04,640 --> 01:09:11,000
 And then should the motion to reconsider fail, the original motion of denial would stand

1155
01:09:11,000 --> 01:09:13,800
 or recommendation of denial would stand.

1156
01:09:13,800 --> 01:09:19,720
 And then that would require a super majority at City Council.

1157
01:09:19,720 --> 01:09:22,720
 So with that, I'll be happy to answer any questions.

1158
01:09:22,720 --> 01:09:24,040
 >> Thanks, Julie.

1159
01:09:24,040 --> 01:09:26,720
 And then let me just kind of reiterate.

1160
01:09:26,720 --> 01:09:33,560
 So what this item is, is we're voting on whether or not we are going to be in favor of the

1161
01:09:33,560 --> 01:09:34,560
 reconsideration.

1162
01:09:34,560 --> 01:09:37,720
 So we're not hearing the project again tonight.

1163
01:09:37,720 --> 01:09:40,840
 That's not even what we're discussing on 3F.

1164
01:09:40,840 --> 01:09:47,720
 We're simply voting, do we want to vote in favor or not in putting it on the agenda on

1165
01:09:47,720 --> 01:09:52,320
 June 22nd for reconsideration of the request.

1166
01:09:52,320 --> 01:09:54,120
 So questions on that.

1167
01:09:54,120 --> 01:09:55,120
 Commissioner Smith.

1168
01:09:55,120 --> 01:09:56,120
 >> Thank you, Chair.

1169
01:09:56,120 --> 01:09:59,120
 How does the preliminary plat interact with this SUP?

1170
01:09:59,120 --> 01:10:03,200
 Is the preliminary plat something that is the one that's presented for this project that's

1171
01:10:03,200 --> 01:10:04,960
 the item before this?

1172
01:10:04,960 --> 01:10:10,760
 Is that as it's being built by right and then we are considering bringing back the SUP for

1173
01:10:10,760 --> 01:10:15,760
 a public hearing June 22nd and at that point in time, we're also then because of what was

1174
01:10:15,760 --> 01:10:21,240
 presented in that one, asking for either denial or recommendation for 30-day postponement

1175
01:10:21,240 --> 01:10:23,040
 to June 22nd.

1176
01:10:23,040 --> 01:10:29,240
 Would that then make that vote on that Plenary Pat essentially debunk at that point in time?

1177
01:10:29,240 --> 01:10:31,000
 How are these interacting together?

1178
01:10:31,000 --> 01:10:36,000
 >> So the preliminary plat, it does the lot size does meet the minimum dimensional standards

1179
01:10:36,000 --> 01:10:37,240
 for the zoning district.

1180
01:10:37,240 --> 01:10:40,640
 So it's consistent with that suburban corridor district.

1181
01:10:40,640 --> 01:10:42,960
 It wouldn't necessarily approve that project.

1182
01:10:42,960 --> 01:10:46,760
 That would have to come through that specific use permit process.

1183
01:10:46,760 --> 01:10:47,760
 >> Right.

1184
01:10:47,760 --> 01:10:53,680
 And if I could -- and the preliminary plat would be tied to the SUP being approved otherwise,

1185
01:10:53,680 --> 01:10:54,680
 correct?

1186
01:10:54,680 --> 01:10:55,680
 >> Got it.

1187
01:10:55,680 --> 01:10:56,680
 Okay.

1188
01:10:56,680 --> 01:10:57,680
 >> Meaning?

1189
01:10:57,680 --> 01:11:02,560
 >> That can't really be a -- I mean, if the SUP is not approved, then they can't do the

1190
01:11:02,560 --> 01:11:03,560
 project.

1191
01:11:03,560 --> 01:11:08,920
 >> Well, if the SUP was not approved, so the key thing is the preliminary plat is not filed

1192
01:11:08,920 --> 01:11:09,920
 at the county.

1193
01:11:09,920 --> 01:11:15,600
 So the applicant would have to come back with a revised preliminary plat in the future to

1194
01:11:15,600 --> 01:11:18,080
 be able to accommodate any subsequent development.

1195
01:11:18,080 --> 01:11:22,800
 So it's whether, you know, it's a different multifamily request that gets approved for

1196
01:11:22,800 --> 01:11:25,640
 the project and they change the layout, their easements are going to have to move or it's

1197
01:11:25,640 --> 01:11:29,960
 a commercial development, whatever transpires, then we will have a subsequent plat come through.

1198
01:11:29,960 --> 01:11:33,440
 But that's a great question because we had that discussion internally also and that's

1199
01:11:33,440 --> 01:11:34,440
 why we noticed.

1200
01:11:34,440 --> 01:11:36,560
 >> Yeah, because it puts us in a weird position.

1201
01:11:36,560 --> 01:11:37,560
 >> Right.

1202
01:11:37,560 --> 01:11:42,520
 >> If this is set to be reconsidered on the 22nd and the preliminary plat is coming through

1203
01:11:42,520 --> 01:11:48,960
 us on the 22nd, it's an odd kind of place to be.

1204
01:11:48,960 --> 01:11:49,960
 >> Right.

1205
01:11:49,960 --> 01:11:51,960
 >> And if I saw before the -- sorry.

1206
01:11:51,960 --> 01:11:52,960
 >> Yes.

1207
01:11:52,960 --> 01:11:53,960
 >> If I do.

1208
01:11:53,960 --> 01:11:54,960
 Am I good?

1209
01:11:54,960 --> 01:11:55,960
 Okay.

1210
01:11:55,960 --> 01:11:56,960
 Cool.

1211
01:11:56,960 --> 01:12:02,360
 The -- obviously, the -- this vote on the preliminary plat piece of it is all being

1212
01:12:02,360 --> 01:12:04,240
 forced by the shot clock rule.

1213
01:12:04,240 --> 01:12:06,720
 So understand that piece.

1214
01:12:06,720 --> 01:12:09,560
 I think more of my -- a reason why I broached that in the first place, how they interacted

1215
01:12:09,560 --> 01:12:14,080
 was the way that it's being listed on the agenda and flipping those items.

1216
01:12:14,080 --> 01:12:19,120
 It just seems to me that the way they interact, if that -- a motion to reconsider fails at

1217
01:12:19,120 --> 01:12:23,720
 some point tonight, then does even considering the preliminary plat at that time, does it

1218
01:12:23,720 --> 01:12:24,720
 still make sense?

1219
01:12:24,720 --> 01:12:29,160
 If we go through and then postpone it to June 22nd, it comes back in and says, hey, well,

1220
01:12:29,160 --> 01:12:30,160
 we didn't even reconsider it.

1221
01:12:30,160 --> 01:12:33,080
 Now it's going to go to council at that point in time, I guess, for a supermajority.

1222
01:12:33,080 --> 01:12:36,920
 So I guess I could see the reason why I'm still voting on a preliminary plat even on

1223
01:12:36,920 --> 01:12:41,000
 June 22nd if an extension was filed for the item before this, that if for some reason

1224
01:12:41,000 --> 01:12:45,280
 at council it gets overruled by a supermajority and gets approved, then that preliminary process

1225
01:12:45,280 --> 01:12:46,280
 is already in there.

1226
01:12:46,280 --> 01:12:51,920
 But I'm just trying to figure out the voting -- or the items, the ways in which we're going

1227
01:12:51,920 --> 01:12:53,480
 through on the agenda.

1228
01:12:53,480 --> 01:12:59,720
 So what we would do is, depending upon how the SUP reconsideration plays out this evening,

1229
01:12:59,720 --> 01:13:03,120
 I think we'll have a better idea, and we can always work with the applicant in coordinating

1230
01:13:03,120 --> 01:13:04,120
 the scheduling.

1231
01:13:04,120 --> 01:13:10,240
 Obviously, we'll work with our legal team also to see if there's any concerns regarding

1232
01:13:10,240 --> 01:13:14,520
 how the plat is scheduled with respect to any future zoning action associated with that,

1233
01:13:14,520 --> 01:13:18,960
 and then including maybe even looking at the order of the items placed on the agenda, especially

1234
01:13:18,960 --> 01:13:21,400
 if they end up on the same agenda.

1235
01:13:21,400 --> 01:13:22,400
 But we'll work through that.

1236
01:13:22,400 --> 01:13:27,720
 So right now, tonight, the main objective was that the applicant is requesting a 30-day

1237
01:13:27,720 --> 01:13:30,040
 extension on the plat, so I think we're good from that standpoint.

1238
01:13:30,040 --> 01:13:31,040
 Yeah, we do have to take action on it.

1239
01:13:31,040 --> 01:13:34,240
 But we'll definitely be sensitive to that when we come back with the plat.

1240
01:13:34,240 --> 01:13:35,240
 Okay.

1241
01:13:35,240 --> 01:13:36,240
 Thank you.

1242
01:13:36,240 --> 01:13:37,240
 You're welcome.

1243
01:13:37,240 --> 01:13:40,800
 Any other questions with regard to Commissioner Pruitt?

1244
01:13:40,800 --> 01:13:48,640
 That's what happens when you try to push the button with a wet finger.

1245
01:13:48,640 --> 01:13:52,600
 Just to make sure I'm reading this right, I know a couple of weeks ago, I'd asked you

1246
01:13:52,600 --> 01:14:04,120
 about the congruency, if you will, geographically of the SUP-defined area with the to-be-platted

1247
01:14:04,120 --> 01:14:09,580
 area, and then I noticed, as they're both here on the agenda, that the SUP calls out

1248
01:14:09,580 --> 01:14:15,760
 an area of 11.891 acres, and the plat that we're delaying is 13.868.

1249
01:14:15,760 --> 01:14:17,480
 Can you help me understand that discrepancy?

1250
01:14:17,480 --> 01:14:19,300
 I had that same question.

1251
01:14:19,300 --> 01:14:27,160
 They are dedicating all of Dutchess as public right-of-way, so I had that very same concern,

1252
01:14:27,160 --> 01:14:30,040
 and I made sure that it all worked out, so yes.

1253
01:14:30,040 --> 01:14:31,040
 Got it.

1254
01:14:31,040 --> 01:14:37,160
 So it's really the 13.86 acres of area before it's platted, and it's the other area after

1255
01:14:37,160 --> 01:14:39,160
 it's platted because of the dedication.

1256
01:14:39,160 --> 01:14:40,160
 Yes, sir.

1257
01:14:40,160 --> 01:14:41,160
 Thank you.

1258
01:14:41,160 --> 01:14:46,200
 Any other questions on the reconsideration item?

1259
01:14:46,200 --> 01:14:48,200
 Okay.

1260
01:14:48,200 --> 01:14:55,300
 With that, I will adjourn our work session at 6.24 p.m., and we will reconvene in council

1261
01:14:55,300 --> 01:15:04,840
 chambers for our regular meeting shortly.

1262
01:15:04,840 --> 01:15:07,760
 Good evening, and welcome to the City of Denton's Planning and Zoning Commission meeting for

1263
01:15:07,760 --> 01:15:11,060
 Wednesday, May 25th, 2022.

1264
01:15:11,060 --> 01:15:16,120
 With the quorum present, I will call us to order at 6.38 p.m., and I wanted to make mention

1265
01:15:16,120 --> 01:15:22,080
 that Commissioner Villarreal is joining us via Zoom, so we will be doing roll call votes

1266
01:15:22,080 --> 01:15:24,220
 this evening.

1267
01:15:24,220 --> 01:15:29,340
 First item of business is the Pledge of Allegiance to the U.S. and Texas flags.

1268
01:15:29,340 --> 01:15:37,560
 I pledge allegiance to the flag of the United States of America, and to the republic for

1269
01:15:37,560 --> 01:15:45,600
 which it stands, one nation under God, indivisible, with liberty and justice for all.

1270
01:15:45,600 --> 01:15:56,520
 I pledge allegiance to the Texas, one state, under God, one, indivisible.

1271
01:15:56,520 --> 01:15:57,520
 Thank you.

1272
01:15:57,520 --> 01:16:03,960
 Next item on our agenda is the consideration for approval of the minutes for May 11th.

1273
01:16:03,960 --> 01:16:07,560
 Commissioner Cole.

1274
01:16:07,560 --> 01:16:09,840
 We've got a first to approve, Commissioner Anderson.

1275
01:16:09,840 --> 01:16:10,840
 Second.

1276
01:16:10,840 --> 01:16:14,660
 We've got a first and a second to approve the minutes for May 11th.

1277
01:16:14,660 --> 01:16:16,760
 Any discussion?

1278
01:16:16,760 --> 01:16:17,760
 All right.

1279
01:16:17,760 --> 01:16:20,260
 Let's take a vote via roll call.

1280
01:16:20,260 --> 01:16:21,260
 Commissioner Cole.

1281
01:16:21,260 --> 01:16:22,260
 Aye.

1282
01:16:22,260 --> 01:16:23,260
 Commissioner Anderson.

1283
01:16:23,260 --> 01:16:24,260
 Aye.

1284
01:16:24,260 --> 01:16:25,260
 Commissioner McDade.

1285
01:16:25,260 --> 01:16:26,260
 Aye.

1286
01:16:26,260 --> 01:16:27,260
 Commissioner Smith.

1287
01:16:27,260 --> 01:16:28,260
 Aye.

1288
01:16:28,260 --> 01:16:29,260
 Commissioner Pruitt.

1289
01:16:29,260 --> 01:16:30,260
 Aye.

1290
01:16:30,260 --> 01:16:31,260
 Commissioner Villarreal.

1291
01:16:31,260 --> 01:16:32,260
 Aye.

1292
01:16:32,260 --> 01:16:33,260
 And the Chair is an aye.

1293
01:16:33,260 --> 01:16:35,160
 That motion carries 7-0.

1294
01:16:35,160 --> 01:16:38,680
 That takes us to our items for individual consideration this evening.

1295
01:16:38,680 --> 01:16:43,520
 3A is PP220012.

1296
01:16:43,520 --> 01:16:46,360
 I'll invite Ashley up for presentation.

1297
01:16:46,360 --> 01:16:47,360
 Hi, Ashley.

1298
01:16:47,360 --> 01:16:48,360
 Hello.

1299
01:16:48,360 --> 01:16:49,520
 Good evening.

1300
01:16:49,520 --> 01:17:02,120
 Ashley Hickock, Assistant Planner, City of Denton.

1301
01:17:02,120 --> 01:17:08,640
 This item is PP220012, and this is a preliminary plat for an industrial use at the intersection

1302
01:17:08,640 --> 01:17:11,280
 of Mosh Branch Road and Jim Crystal Road.

1303
01:17:11,280 --> 01:17:15,360
 At this time, staff has recommended denials, it does not meet all the criteria for approval,

1304
01:17:15,360 --> 01:17:20,280
 but they have requested an extension and staff has no objection to the requested extension

1305
01:17:20,280 --> 01:17:22,400
 on June 22nd.

1306
01:17:22,400 --> 01:17:23,400
 Happy to answer any questions.

1307
01:17:23,400 --> 01:17:24,400
 Thanks, Ashley.

1308
01:17:24,400 --> 01:17:25,400
 Any questions for Ashley?

1309
01:17:25,400 --> 01:17:29,460
 I do not see any.

1310
01:17:29,460 --> 01:17:30,460
 Thank you.

1311
01:17:30,460 --> 01:17:31,460
 Commissioner Smith.

1312
01:17:31,460 --> 01:17:35,320
 I make a motion to approve an extension of date certain of June 22nd, 2022.

1313
01:17:35,320 --> 01:17:36,320
 Thank you.

1314
01:17:36,320 --> 01:17:37,320
 Commissioner Pruitt.

1315
01:17:37,320 --> 01:17:38,320
 Second.

1316
01:17:38,320 --> 01:17:42,600
 I make a motion or second to approve the extension request to a date certain of June 22nd.

1317
01:17:42,600 --> 01:17:44,080
 Any discussion?

1318
01:17:44,080 --> 01:17:45,240
 Okay.

1319
01:17:45,240 --> 01:17:47,400
 We will take a vote via roll call.

1320
01:17:47,400 --> 01:17:48,400
 Commissioner Cole.

1321
01:17:48,400 --> 01:17:49,400
 Aye.

1322
01:17:49,400 --> 01:17:50,400
 Commissioner Anderson.

1323
01:17:50,400 --> 01:17:51,400
 Aye.

1324
01:17:51,400 --> 01:17:52,400
 Commissioner McDade.

1325
01:17:52,400 --> 01:17:53,400
 Aye.

1326
01:17:53,400 --> 01:17:54,400
 Commissioner Smith.

1327
01:17:54,400 --> 01:17:55,400
 Aye.

1328
01:17:55,400 --> 01:17:56,400
 Commissioner Pruitt.

1329
01:17:56,400 --> 01:17:57,400
 Aye.

1330
01:17:57,400 --> 01:17:58,400
 Commissioner Villarreal.

1331
01:17:58,400 --> 01:17:59,400
 Aye.

1332
01:17:59,400 --> 01:18:01,200
 Chair is also an aye.

1333
01:18:01,200 --> 01:18:03,080
 That motion carries 7-0.

1334
01:18:03,080 --> 01:18:08,560
 That will take us to 3B, P-2-2-0-0-8.

1335
01:18:08,560 --> 01:18:11,560
 Hi, Lisa.

1336
01:18:11,560 --> 01:18:12,560
 Hi, there.

1337
01:18:12,560 --> 01:18:13,560
 Do I just go over there?

1338
01:18:13,560 --> 01:18:14,560
 Hopefully that worked.

1339
01:18:14,560 --> 01:18:15,560
 All right.

1340
01:18:15,560 --> 01:18:16,560
 Good evening.

1341
01:18:16,560 --> 01:18:20,240
 Lisa Payne, principal planner for the City of Denton.

1342
01:18:20,240 --> 01:18:25,640
 This is a preliminary plat for Millennium Crest for a proposed multifamily use.

1343
01:18:25,640 --> 01:18:31,480
 A 38 extension was approved last month, but the plat still does not meet all the criteria

1344
01:18:31,480 --> 01:18:35,280
 for approval and so staff recommends denial.

1345
01:18:35,280 --> 01:18:40,120
 Two weeks ago, an appeal for administrative decision was submitted regarding the approval

1346
01:18:40,120 --> 01:18:42,960
 of the Millennium Crest zoning compliance plan.

1347
01:18:42,960 --> 01:18:48,200
 The Denton development code and the Texas local government code both state that an appeal

1348
01:18:48,200 --> 01:18:54,320
 stays all related proceedings from further action until unless it would create adverse

1349
01:18:54,320 --> 01:18:55,320
 impacts.

1350
01:18:55,320 --> 01:19:02,000
 However, there's conflicts with the shot clock law that requires the automatic approval.

1351
01:19:02,000 --> 01:19:05,000
 It's not sharing.

1352
01:19:05,000 --> 01:19:06,000
 Oh.

1353
01:19:06,000 --> 01:19:07,000
 I didn't do the right thing.

1354
01:19:07,000 --> 01:19:08,000
 Sorry.

1355
01:19:08,000 --> 01:19:09,000
 Oh, hang on.

1356
01:19:09,000 --> 01:19:10,000
 Which one is it?

1357
01:19:10,000 --> 01:19:11,000
 Yes.

1358
01:19:11,000 --> 01:19:12,000
 There you go.

1359
01:19:12,000 --> 01:19:13,000
 Thanks.

1360
01:19:13,000 --> 01:19:33,120
 Anyway, that conflicts with the shot clock law that requires the automatic approval of

1361
01:19:33,120 --> 01:19:38,880
 plats that are not approved or denied by a city within 60 days if an extension has been

1362
01:19:38,880 --> 01:19:39,880
 approved.

1363
01:19:39,880 --> 01:19:43,840
 If that was already under review when the appeal was submitted, it would be best practice

1364
01:19:43,840 --> 01:19:49,120
 to take action tonight on the plat so that lack of action does not require automatic

1365
01:19:49,120 --> 01:19:50,120
 approval.

1366
01:19:50,120 --> 01:19:53,360
 Again, staff recommends denial and I'm available for questions.

1367
01:19:53,360 --> 01:19:55,320
 Thank you, Lisa.

1368
01:19:55,320 --> 01:20:00,080
 And when did you say it's hopeful that the appeals heard at ZBA?

1369
01:20:00,080 --> 01:20:03,080
 It's expected to go to ZBA on June 27th.

1370
01:20:03,080 --> 01:20:04,080
 Okay.

1371
01:20:04,080 --> 01:20:05,080
 Thank you.

1372
01:20:05,080 --> 01:20:06,080
 Any questions?

1373
01:20:06,080 --> 01:20:11,600
 Thank you.

1374
01:20:11,600 --> 01:20:12,600
 Commissioner Smith.

1375
01:20:12,600 --> 01:20:15,160
 Make a motion to deny.

1376
01:20:15,160 --> 01:20:16,160
 Commissioner Cole.

1377
01:20:16,160 --> 01:20:17,160
 Second.

1378
01:20:17,160 --> 01:20:21,440
 We've got a first and a second for denial.

1379
01:20:21,440 --> 01:20:24,440
 Any questions?

1380
01:20:24,440 --> 01:20:25,440
 Discussion?

1381
01:20:25,440 --> 01:20:26,440
 Okay.

1382
01:20:26,440 --> 01:20:28,960
 Well, we'll take a vote via roll call.

1383
01:20:28,960 --> 01:20:29,960
 Commissioner Cole.

1384
01:20:29,960 --> 01:20:30,960
 Aye.

1385
01:20:30,960 --> 01:20:31,960
 Commissioner Anderson.

1386
01:20:31,960 --> 01:20:32,960
 Aye.

1387
01:20:32,960 --> 01:20:33,960
 Commissioner McDade.

1388
01:20:33,960 --> 01:20:34,960
 Aye.

1389
01:20:34,960 --> 01:20:35,960
 Commissioner Smith.

1390
01:20:35,960 --> 01:20:36,960
 Aye.

1391
01:20:36,960 --> 01:20:37,960
 Commissioner Dade.

1392
01:20:37,960 --> 01:20:38,960
 Aye.

1393
01:20:38,960 --> 01:20:39,960
 Commissioner Pruitt.

1394
01:20:39,960 --> 01:20:40,960
 Aye.

1395
01:20:40,960 --> 01:20:41,960
 Commissioner Villarreal.

1396
01:20:41,960 --> 01:20:42,960
 Aye.

1397
01:20:42,960 --> 01:20:43,960
 Chair is an aye.

1398
01:20:43,960 --> 01:20:45,920
 That motion carries 7-0.

1399
01:20:45,920 --> 01:20:48,240
 That will take us to 3-C, FP 220012.

1400
01:20:48,240 --> 01:20:52,560
 I'll invite Julie Wyatt up to the podium.

1401
01:20:52,560 --> 01:20:53,560
 Hi, Julie.

1402
01:20:53,560 --> 01:20:54,560
 Good evening.

1403
01:20:54,560 --> 01:20:55,560
 All right.

1404
01:20:55,560 --> 01:20:56,560
 Good evening.

1405
01:20:56,560 --> 01:21:04,200
 Julie Wyatt, excuse me, senior planner with the city.

1406
01:21:04,200 --> 01:21:08,320
 I am presenting FP 22-0012A.

1407
01:21:08,320 --> 01:21:13,320
 This is for a unit within the Robeson Ranch plan development.

1408
01:21:13,320 --> 01:21:19,680
 The proposed final plat is for single family residential which is consistent with the plan

1409
01:21:19,680 --> 01:21:23,200
 development and the preliminary plat.

1410
01:21:23,200 --> 01:21:27,680
 Staff's original recommendation was for denial, however, they've worked through the last remaining

1411
01:21:27,680 --> 01:21:31,960
 outstanding issues and so our recommendation has changed to approval.

1412
01:21:31,960 --> 01:21:34,880
 I'll be happy to answer any questions.

1413
01:21:34,880 --> 01:21:36,040
 Thanks, Julie.

1414
01:21:36,040 --> 01:21:40,600
 Questions for Julie?

1415
01:21:40,600 --> 01:21:41,600
 Commissioner Smith.

1416
01:21:41,600 --> 01:21:43,120
 Make a motion to approve.

1417
01:21:43,120 --> 01:21:44,120
 Commissioner Anderson.

1418
01:21:44,120 --> 01:21:45,120
 Second.

1419
01:21:45,120 --> 01:21:48,080
 We've got a first and a second for approval.

1420
01:21:48,080 --> 01:21:51,080
 Questions, discussion?

1421
01:21:51,080 --> 01:21:52,080
 Okay.

1422
01:21:52,080 --> 01:21:53,360
 Seeing none, let's vote via roll call.

1423
01:21:53,360 --> 01:21:54,360
 Commissioner Cole.

1424
01:21:54,360 --> 01:21:55,360
 Aye.

1425
01:21:55,360 --> 01:21:56,360
 Commissioner Anderson.

1426
01:21:56,360 --> 01:21:57,360
 Aye.

1427
01:21:57,360 --> 01:21:58,360
 Commissioner McDade.

1428
01:21:58,360 --> 01:21:59,360
 Aye.

1429
01:21:59,360 --> 01:22:00,360
 Commissioner Smith.

1430
01:22:00,360 --> 01:22:01,360
 Aye.

1431
01:22:01,360 --> 01:22:02,360
 Commissioner Haynes.

1432
01:22:02,360 --> 01:22:03,360
 Aye.

1433
01:22:03,360 --> 01:22:04,360
 Commissioner Stewart.

1434
01:22:04,360 --> 01:22:05,360
 Aye.

1435
01:22:05,360 --> 01:22:06,360
 Commissioner Villarreal.

1436
01:22:06,360 --> 01:22:07,360
 Aye.

1437
01:22:07,360 --> 01:22:08,360
 Chair is an aye.

1438
01:22:08,360 --> 01:22:09,860
 That motion carries 7-0.

1439
01:22:09,860 --> 01:22:18,880
 Taking us to 3D, FP 22-0013.

1440
01:22:18,880 --> 01:22:22,880
 Okay.

1441
01:22:22,880 --> 01:22:35,560
 It is not wanting to go to presentation mode, so Julie Wyatt, Senior Planner with the City,

1442
01:22:35,560 --> 01:22:39,760
 and I am presenting, we're staying in the Robeson Ranch development.

1443
01:22:39,760 --> 01:22:44,920
 This is for a section of the Ed Robeson Boulevard roadway.

1444
01:22:44,920 --> 01:22:47,800
 They have a preliminary plat that's approved.

1445
01:22:47,800 --> 01:22:51,360
 They have worked through all the remaining issues for the final plat and so staff recommends

1446
01:22:51,360 --> 01:22:54,280
 approval of the final plat and I'll be happy to answer any questions.

1447
01:22:54,280 --> 01:22:55,280
 Thanks, Julie.

1448
01:22:55,280 --> 01:22:56,280
 Any questions for Julie?

1449
01:22:56,280 --> 01:22:57,280
 Okay.

1450
01:22:57,280 --> 01:23:00,280
 I don't see any thanks, Julie.

1451
01:23:00,280 --> 01:23:01,280
 Thank you.

1452
01:23:01,280 --> 01:23:02,280
 Commissioner Anderson.

1453
01:23:02,280 --> 01:23:03,280
 Make a motion to approve.

1454
01:23:03,280 --> 01:23:04,280
 Commissioner Smith.

1455
01:23:04,280 --> 01:23:05,280
 Aye.

1456
01:23:05,280 --> 01:23:06,280
 Second.

1457
01:23:06,280 --> 01:23:08,760
 Got a first and a second for approval.

1458
01:23:08,760 --> 01:23:09,760
 Any discussion?

1459
01:23:09,760 --> 01:23:10,760
 Okay.

1460
01:23:10,760 --> 01:23:13,540
 Let's vote via roll call.

1461
01:23:13,540 --> 01:23:14,540
 Commissioner Cole.

1462
01:23:14,540 --> 01:23:15,540
 Aye.

1463
01:23:15,540 --> 01:23:16,540
 Commissioner Anderson.

1464
01:23:16,540 --> 01:23:17,540
 Aye.

1465
01:23:17,540 --> 01:23:18,540
 Commissioner McDade.

1466
01:23:18,540 --> 01:23:19,540
 Aye.

1467
01:23:19,540 --> 01:23:20,540
 Commissioner Smith.

1468
01:23:20,540 --> 01:23:21,540
 Aye.

1469
01:23:21,540 --> 01:23:22,540
 Commissioner Villarreal.

1470
01:23:22,540 --> 01:23:23,540
 Aye.

1471
01:23:23,540 --> 01:23:26,540
 Chair is also an aye.

1472
01:23:26,540 --> 01:23:28,420
 That motion carries 7-0.

1473
01:23:28,420 --> 01:23:33,920
 That will take us to 3E, PP220011.

1474
01:23:33,920 --> 01:23:34,920
 Hello again, Julie.

1475
01:23:34,920 --> 01:23:35,920
 Hello.

1476
01:23:35,920 --> 01:23:36,920
 Okay.

1477
01:23:36,920 --> 01:23:39,920
 I'm going to try this one.

1478
01:23:39,920 --> 01:23:40,920
 Okay.

1479
01:23:40,920 --> 01:23:41,920
 All right.

1480
01:23:41,920 --> 01:23:42,920
 Okay.

1481
01:23:42,920 --> 01:23:43,920
 Julie Wyatt, Senior Planner.

1482
01:23:43,920 --> 01:23:46,720
 This is PP22-0011.

1483
01:23:46,720 --> 01:23:52,000
 This is a preliminary plat for the Woodrow Multifamily Edition.

1484
01:23:52,000 --> 01:23:56,920
 The subject property is located south of McKinney on the east side of Woodrow.

1485
01:23:56,920 --> 01:24:01,480
 They do have some items they need to work through in order to get to where we could

1486
01:24:01,480 --> 01:24:04,520
 approve the preliminary plat, so staff does recommend denial.

1487
01:24:04,520 --> 01:24:09,640
 They have requested an extension to the June 22nd meeting and staff has no objection to

1488
01:24:09,640 --> 01:24:10,880
 that extension request.

1489
01:24:10,880 --> 01:24:13,360
 I'll be happy to answer any questions.

1490
01:24:13,360 --> 01:24:14,360
 Thank you, Julie.

1491
01:24:14,360 --> 01:24:20,040
 Are there any questions for Julie on this item?

1492
01:24:20,040 --> 01:24:21,040
 I don't see any.

1493
01:24:21,040 --> 01:24:22,040
 Thanks, Julie.

1494
01:24:22,040 --> 01:24:23,040
 Thank you.

1495
01:24:23,040 --> 01:24:24,040
 Commissioner Pruitt.

1496
01:24:24,040 --> 01:24:27,940
 I move to approve an extension to the date certain of June 22nd.

1497
01:24:27,940 --> 01:24:28,940
 Commissioner Cole.

1498
01:24:28,940 --> 01:24:29,940
 Second.

1499
01:24:29,940 --> 01:24:30,940
 All right.

1500
01:24:30,940 --> 01:24:33,720
 We've got a first and a second to approve the extension request to a date certain of

1501
01:24:33,720 --> 01:24:35,400
 June 22nd.

1502
01:24:35,400 --> 01:24:36,400
 Any discussion?

1503
01:24:36,400 --> 01:24:37,400
 Okay.

1504
01:24:37,400 --> 01:24:41,120
 Seeing none, let's take a vote via roll call.

1505
01:24:41,120 --> 01:24:44,760
 Commissioner Cole.

1506
01:24:44,760 --> 01:24:45,760
 Aye.

1507
01:24:45,760 --> 01:24:46,760
 Commissioner Anderson.

1508
01:24:46,760 --> 01:24:47,760
 Aye.

1509
01:24:47,760 --> 01:24:48,760
 Commissioner McDade.

1510
01:24:48,760 --> 01:24:49,760
 Aye.

1511
01:24:49,760 --> 01:24:50,760
 Commissioner Smith.

1512
01:24:50,760 --> 01:24:51,760
 Aye.

1513
01:24:51,760 --> 01:24:52,760
 Commissioner Pruitt.

1514
01:24:52,760 --> 01:24:53,760
 Aye.

1515
01:24:53,760 --> 01:24:54,760
 Commissioner Villarreal.

1516
01:24:54,760 --> 01:24:55,760
 Aye.

1517
01:24:55,760 --> 01:24:56,840
 Fan chair is an aye.

1518
01:24:56,840 --> 01:25:04,840
 That motion carries 7-0, taking us to 3F, S22-0002.

1519
01:25:04,840 --> 01:25:17,000
 All right, this is S22-0002, pathway on Woodrow.

1520
01:25:17,000 --> 01:25:18,560
 So this might look familiar to you.

1521
01:25:18,560 --> 01:25:23,920
 It was an item that came before you at the last PNZ meeting on May 11th.

1522
01:25:23,920 --> 01:25:29,240
 It was for a specific use permit for 285 dwelling units within the Suburban Corridor District.

1523
01:25:29,240 --> 01:25:35,480
 Tonight, the request before you is just a reconsideration of your previous recommendation

1524
01:25:35,480 --> 01:25:37,160
 of denial.

1525
01:25:37,160 --> 01:25:43,680
 The subject property is located south of McKinney on the east side of Woodrow Lane.

1526
01:25:43,680 --> 01:25:47,280
 Just to remind you, staff recommended approval of the request.

1527
01:25:47,280 --> 01:25:54,080
 However, the Planning and Zoning Commission recommended denial of their request 4-3.

1528
01:25:54,080 --> 01:25:58,680
 So reconsideration is not something we typically see in the Planning and Zoning Commission.

1529
01:25:58,680 --> 01:26:03,960
 This might be a first that I'm aware of, but the Code of Ordinances does allow for reconsideration

1530
01:26:03,960 --> 01:26:04,960
 of items.

1531
01:26:04,960 --> 01:26:11,920
 A member who voted for the prevailing side may make a motion to reconsider at the next

1532
01:26:11,920 --> 01:26:12,920
 meeting.

1533
01:26:12,920 --> 01:26:17,520
 Then that motion could be seconded by any member.

1534
01:26:17,520 --> 01:26:22,920
 Commissioner Jason Cole did request that this item be placed on tonight's agenda for that

1535
01:26:22,920 --> 01:26:28,880
 reconsideration vote or motion.

1536
01:26:28,880 --> 01:26:34,920
 So just to let you know, if the motion to reconsider carries tonight, then a new public

1537
01:26:34,920 --> 01:26:37,080
 hearing would have to go forward.

1538
01:26:37,080 --> 01:26:48,520
 The most ... soonest, thank you, soonest Planning and Zoning Commission meeting that it could

1539
01:26:48,520 --> 01:26:55,720
 go forward with that public notification is June 22nd and then it would go on to City

1540
01:26:55,720 --> 01:26:57,800
 Council after that.

1541
01:26:57,800 --> 01:27:03,280
 Should the motion to reconsider fail, then that original recommendation of denial would

1542
01:27:03,280 --> 01:27:08,640
 stand and a super majority would be required at City Council.

1543
01:27:08,640 --> 01:27:15,680
 So that's all I have unless you have any questions and I'll be happy to answer you.

1544
01:27:15,680 --> 01:27:20,000
 Thank you, Julie, and I'll just reiterate what we're doing tonight is voting whether

1545
01:27:20,000 --> 01:27:26,280
 or not to allow reconsideration of the item.

1546
01:27:26,280 --> 01:27:27,520
 Commissioner Cole.

1547
01:27:27,520 --> 01:27:28,520
 Thank you, Chair.

1548
01:27:28,520 --> 01:27:36,600
 Yes, it was me that requested this reconsideration.

1549
01:27:36,600 --> 01:27:47,160
 I let my emotions get the best of me and that's something we should never do up here and I'm

1550
01:27:47,160 --> 01:27:55,520
 of the opinion that this particular project for that property is the best land use and

1551
01:27:55,520 --> 01:27:59,560
 so I would like to reconsider.

1552
01:27:59,560 --> 01:28:02,520
 Thank you, Commissioner Cole.

1553
01:28:02,520 --> 01:28:03,520
 Commissioner McDade.

1554
01:28:03,520 --> 01:28:08,960
 I'm not going to say I let my emotions get the best of me.

1555
01:28:08,960 --> 01:28:16,720
 What I am going to say is I actually met with the neighborhood about this project and we

1556
01:28:16,720 --> 01:28:23,120
 had the City Council was in attendance, we had Councilman Byrd, Beck and McGee and the

1557
01:28:23,120 --> 01:28:29,960
 mayor was there and we had members of the Denton Housing Authority and we discussed

1558
01:28:29,960 --> 01:28:36,840
 it and we talked about it and they were pretty much, this is something that they are not

1559
01:28:36,840 --> 01:28:38,400
 in agreement with.

1560
01:28:38,400 --> 01:28:45,680
 If it goes forward, they'll be upset, but they won't be shocked because they're used

1561
01:28:45,680 --> 01:28:50,480
 to being given what they don't want.

1562
01:28:50,480 --> 01:28:57,060
 That's something that is probably never going to change and that's pretty much why they

1563
01:28:57,060 --> 01:29:02,840
 refused to come here because no matter what they do or say, it falls on deaf ears so they

1564
01:29:02,840 --> 01:29:08,600
 pretty much just have given up, but I'm just letting everyone know that hey, they don't

1565
01:29:08,600 --> 01:29:14,800
 want it, the council was there, the mayor was there, there were a lot of authority figures

1566
01:29:14,800 --> 01:29:17,320
 who were there and they let it be known.

1567
01:29:17,320 --> 01:29:24,320
 I asked for a vote three times to make sure that the first two times were not a fluke.

1568
01:29:24,320 --> 01:29:31,880
 They said they didn't want it, they're asking the city to listen to them, maybe for the

1569
01:29:31,880 --> 01:29:38,600
 first time because I haven't heard anything about hey, we asked for it, we told them we

1570
01:29:38,600 --> 01:29:42,260
 didn't want it and we got it anyway.

1571
01:29:42,260 --> 01:29:47,200
 So if this city has a heart like they say they do, we ask you to bring some of your

1572
01:29:47,200 --> 01:29:52,600
 heart into Southeast Denton because that's something we don't see from the city.

1573
01:29:52,600 --> 01:29:55,180
 Thank you.

1574
01:29:55,180 --> 01:30:05,800
 Any further discussion or questions for Julie on the ... correct, that's correct, yeah,

1575
01:30:05,800 --> 01:30:10,240
 we are on discussion and questions for staff.

1576
01:30:10,240 --> 01:30:11,240
 Commissioner Pruitt?

1577
01:30:11,240 --> 01:30:12,240
 Thank you, Chair.

1578
01:30:12,240 --> 01:30:19,340
 I guess I'm just curious to know ... it's interesting to know there was a meeting where

1579
01:30:19,340 --> 01:30:25,600
 that was discussed, sorry, I didn't know about it so I couldn't come, but I'm interested

1580
01:30:25,600 --> 01:30:35,640
 to know if there was any discussion about what they would see instead of this.

1581
01:30:35,640 --> 01:30:48,080
 Sorry, what they would like to see as opposed to this proposal, if that makes sense.

1582
01:30:48,080 --> 01:30:51,680
 Was there any discussion of that or not?

1583
01:30:51,680 --> 01:30:59,300
 What the residents of Southeast Denton want is more home ownership and less rental property

1584
01:30:59,300 --> 01:31:07,040
 because they're under the belief that home ownership brings about power.

1585
01:31:07,040 --> 01:31:10,120
 Renters have a voice but they have no power.

1586
01:31:10,120 --> 01:31:16,000
 You have all that property there but for some reason applicants, they will not come over

1587
01:31:16,000 --> 01:31:21,760
 and build homes and when you don't have home ownership and you're deciding to put in more

1588
01:31:21,760 --> 01:31:27,920
 rental property, you are decreasing the power that's in that neighborhood.

1589
01:31:27,920 --> 01:31:34,120
 They've noticed that other areas who aren't in district one, when the apartments come

1590
01:31:34,120 --> 01:31:39,520
 and you use the word affordable housing, the first thing that the neighborhood yells is

1591
01:31:39,520 --> 01:31:42,080
 what it brings about crime.

1592
01:31:42,080 --> 01:31:47,840
 Like I told them, I've never seen any data and I don't know if that's true, but let's

1593
01:31:47,840 --> 01:31:52,000
 just say for the sake of argument that it is true.

1594
01:31:52,000 --> 01:31:58,080
 Why would you want to bring more crime into our area?

1595
01:31:58,080 --> 01:32:04,120
 From the Renaissance apartments all the way to outside of loop 288, the McPenny Street

1596
01:32:04,120 --> 01:32:09,640
 apartments, there's over 8,000 apartments on that one street and it's not even a mile

1597
01:32:09,640 --> 01:32:10,640
 long.

1598
01:32:10,640 --> 01:32:15,720
 None of all the police calls in Southeast Denton are on that street.

1599
01:32:15,720 --> 01:32:21,120
 So why would you want to bring more apartments to Woodrow and they're already getting ready

1600
01:32:21,120 --> 01:32:25,000
 to build 216 on loop 288?

1601
01:32:25,000 --> 01:32:29,360
 Commissioner McDade, I'm going to interrupt you just to try to stay on topic.

1602
01:32:29,360 --> 01:32:37,920
 So what we're discussing right now is a reconsideration of the vote, so we're not really rehashing

1603
01:32:37,920 --> 01:32:41,440
 discussion necessarily on what we had last meeting.

1604
01:32:41,440 --> 01:32:47,440
 What we want to know is, is there any questions or further discussion for staff with regard

1605
01:32:47,440 --> 01:32:50,800
 to making a decision on the reconsideration?

1606
01:32:50,800 --> 01:32:55,720
 I mean, I understand, I was just asking this, answering this question.

1607
01:32:55,720 --> 01:32:58,120
 I appreciate it.

1608
01:32:58,120 --> 01:33:00,800
 Commissioner Cole, did you have anything, you're still on the board, do you have anything else

1609
01:33:00,800 --> 01:33:01,800
 to add?

1610
01:33:01,800 --> 01:33:02,800
 No.

1611
01:33:02,800 --> 01:33:03,800
 Okay.

1612
01:33:03,800 --> 01:33:04,800
 Okay.

1613
01:33:04,800 --> 01:33:05,800
 Okay.

1614
01:33:05,800 --> 01:33:06,800
 Commissioner Anderson.

1615
01:33:06,800 --> 01:33:10,000
 I make a motion to approve the reconsideration.

1616
01:33:10,000 --> 01:33:11,000
 Okay.

1617
01:33:11,000 --> 01:33:12,000
 Commissioner Cole.

1618
01:33:12,000 --> 01:33:13,000
 Second.

1619
01:33:13,000 --> 01:33:14,000
 Okay.

1620
01:33:14,000 --> 01:33:19,520
 We have a first and a second on the board for reconsideration of the item.

1621
01:33:19,520 --> 01:33:20,520
 Further discussion?

1622
01:33:20,520 --> 01:33:21,520
 Okay.

1623
01:33:21,520 --> 01:33:26,720
 With that, I will call for a vote via roll call.

1624
01:33:26,720 --> 01:33:27,720
 Commissioner Cole.

1625
01:33:27,720 --> 01:33:28,720
 Aye.

1626
01:33:28,720 --> 01:33:29,720
 Commissioner Anderson.

1627
01:33:29,720 --> 01:33:30,720
 Aye.

1628
01:33:30,720 --> 01:33:31,720
 Commissioner McDade.

1629
01:33:31,720 --> 01:33:32,720
 No.

1630
01:33:32,720 --> 01:33:33,720
 Commissioner Smith.

1631
01:33:33,720 --> 01:33:34,720
 Aye.

1632
01:33:34,720 --> 01:33:35,720
 Commissioner Pruitt.

1633
01:33:35,720 --> 01:33:36,720
 Aye.

1634
01:33:36,720 --> 01:33:37,720
 Okay.

1635
01:33:37,720 --> 01:33:38,720
 Commissioner Villarreal.

1636
01:33:38,720 --> 01:33:39,720
 Nay.

1637
01:33:39,720 --> 01:33:40,720
 Okay.

1638
01:33:40,720 --> 01:33:43,280
 And the chair is an aye.

1639
01:33:43,280 --> 01:33:50,520
 That motion will carry 5-2 and that will move us to our Planning and Zoning Commission

1640
01:33:50,520 --> 01:33:53,520
 matrix.

1641
01:33:53,520 --> 01:34:00,360
 And I will give it over to you, Tina.

1642
01:34:00,360 --> 01:34:01,360
 Thank you, Chairman Ellis.

1643
01:34:01,360 --> 01:34:06,440
 So with respect to this last agenda item that took place, so as Julie mentioned in her

1644
01:34:06,440 --> 01:34:13,360
 presentation, we'll bring back that zoning case for reconsideration on June 22nd.

1645
01:34:13,360 --> 01:34:19,200
 So in terms of our matrix, so a couple of things, just update from council.

1646
01:34:19,200 --> 01:34:21,880
 So did the MED presentation that you all received.

1647
01:34:21,880 --> 01:34:24,800
 So we already talked about that earlier this evening.

1648
01:34:24,800 --> 01:34:30,280
 Also in case you're interested, Pre-Tam Deshmukh on our team also gave a presentation to council

1649
01:34:30,280 --> 01:34:35,960
 on Vision Zero and Vision Zero is an initiative that the city is working on.

1650
01:34:35,960 --> 01:34:41,320
 Right now we're doing an assessment for the first phase of this project before we undertake

1651
01:34:41,320 --> 01:34:43,080
 the second phase.

1652
01:34:43,080 --> 01:34:48,680
 But basically the goal associated with Vision Zero is that there were zero fatalities and

1653
01:34:48,680 --> 01:34:56,440
 a reduction in significant injuries that may result from bicyclists and pedestrian and

1654
01:34:56,440 --> 01:34:58,800
 vehicle crashes associated with that.

1655
01:34:58,800 --> 01:35:04,320
 So I know we have on your agenda later this month to talk about some trends, or excuse

1656
01:35:04,320 --> 01:35:08,520
 me, not this month, but later this year in the fall to talk about some transportation

1657
01:35:08,520 --> 01:35:09,520
 related items.

1658
01:35:09,520 --> 01:35:11,840
 So I'm sure Pre-Tam will address the commission on that.

1659
01:35:11,840 --> 01:35:14,440
 But just want to let you know that that was discussed at council.

1660
01:35:14,440 --> 01:35:19,160
 So if you're interested in Vision Zero, I would encourage you watch the presentation

1661
01:35:19,160 --> 01:35:24,000
 that Pre-Tam did on May 17th at the council meeting.

1662
01:35:24,000 --> 01:35:30,600
 Also we had on the commission's agenda was also this particular zoning case with respect

1663
01:35:30,600 --> 01:35:33,280
 to the Woodrow multifamily that was continued.

1664
01:35:33,280 --> 01:35:35,720
 And so that date will be adjusted as well.

1665
01:35:35,720 --> 01:35:39,200
 It'll still be on the agenda, but it would be continued after the commission considers

1666
01:35:39,200 --> 01:35:42,640
 action as a result of the reconsideration request this evening.

1667
01:35:42,640 --> 01:35:47,080
 And also she has already left this evening, but I wanted to thank Lisa for all of her

1668
01:35:47,080 --> 01:35:48,680
 service and time with us.

1669
01:35:48,680 --> 01:35:54,080
 She's been with us just under a year and has an opportunity to go work in another community.

1670
01:35:54,080 --> 01:35:57,840
 So unfortunately Lisa will be leaving us and I was hoping to catch her before she left.

1671
01:35:57,840 --> 01:36:01,640
 But again, but we thank her for all the work that she's done here at the city of Denton.

1672
01:36:01,640 --> 01:36:06,520
 So if you don't see that's why so, but she's pursued an opportunity in another community.

1673
01:36:06,520 --> 01:36:07,520
 So we wish her all the best.

1674
01:36:07,520 --> 01:36:08,520
 For sure.

1675
01:36:08,520 --> 01:36:09,520
 And that's all I have.

1676
01:36:09,520 --> 01:36:10,520
 Thank you.

1677
01:36:10,520 --> 01:36:11,520
 Okay.

1678
01:36:11,520 --> 01:36:13,440
 Anything else on the matrix?

1679
01:36:13,440 --> 01:36:14,440
 Commissioner McDade.

1680
01:36:14,440 --> 01:36:15,440
 Oh, thank you, chair.

1681
01:36:15,440 --> 01:36:21,520
 I just want to make sure that this item is going to come back for the June 22nd PNZ meeting,

1682
01:36:21,520 --> 01:36:22,520
 correct?

1683
01:36:22,520 --> 01:36:23,520
 That is correct.

1684
01:36:23,520 --> 01:36:28,840
 And we will send out additional public notices on this since the public hearing or since

1685
01:36:28,840 --> 01:36:31,200
 the planning and zoning commission had taken a previous action.

1686
01:36:31,200 --> 01:36:34,900
 So we'll make sure we re-notice for all those within our notification boundaries.

1687
01:36:34,900 --> 01:36:37,160
 But if you want to help spread the word, please do.

1688
01:36:37,160 --> 01:36:38,160
 Most definitely.

1689
01:36:38,160 --> 01:36:39,160
 All right.

1690
01:36:39,160 --> 01:36:43,200
 Yeah, our signs are still on the lot obviously because council hasn't even heard it yet,

1691
01:36:43,200 --> 01:36:44,200
 right?

1692
01:36:44,200 --> 01:36:45,200
 Okay.

1693
01:36:45,200 --> 01:36:47,720
 Anything else on the matrix?

1694
01:36:47,720 --> 01:36:55,780
 I just had one thought as we were discussing MUDS today in a discussion of state bills

1695
01:36:55,780 --> 01:36:57,600
 were brought up.

1696
01:36:57,600 --> 01:37:02,200
 Is there anyone who could come before us for just a work session discussion and give us

1697
01:37:02,200 --> 01:37:09,480
 kind of an overview of maybe what's pending out there, what's having to do with planning

1698
01:37:09,480 --> 01:37:11,320
 and development and whatnot?

1699
01:37:11,320 --> 01:37:13,160
 I know we've got people out there on the ground.

1700
01:37:13,160 --> 01:37:20,160
 So we tend not to hear about a whole lot of state legislation until it's kind of thrown

1701
01:37:20,160 --> 01:37:21,600
 in our face.

1702
01:37:21,600 --> 01:37:25,480
 If that is something that you could-

1703
01:37:25,480 --> 01:37:27,040
 We could look at doing something.

1704
01:37:27,040 --> 01:37:33,520
 We might want to wait closer to when the bill filing deadline occurs, but we could probably

1705
01:37:33,520 --> 01:37:36,400
 give you an overview of the types of bills that have been filed.

1706
01:37:36,400 --> 01:37:41,680
 And I know in the MUDS presentation that we had earlier this evening, Commissioner Cole

1707
01:37:41,680 --> 01:37:44,880
 made mention of a potential bill with respect to dis-annexation.

1708
01:37:44,880 --> 01:37:50,480
 And so I know we have on the work session matrix also to talk about annexation and then

1709
01:37:50,480 --> 01:37:54,560
 also if this is getting traction with respect to dis-annexation, what that process also

1710
01:37:54,560 --> 01:37:55,560
 looks like.

1711
01:37:55,560 --> 01:37:57,400
 So we intend to address that.

1712
01:37:57,400 --> 01:37:59,480
 That'd be great.

1713
01:37:59,480 --> 01:38:01,360
 Anybody else?

1714
01:38:01,360 --> 01:38:03,360
 Okay.

1715
01:38:03,360 --> 01:38:07,080
 Seeing no one, I will adjourn our meeting at 7.01 p.m.

1716
01:38:07,080 --> 01:38:07,960
 Thank you, everyone.