WEBVTT

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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?

00:14:01.360 --> 00:14:02.360
 Okay.

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 Great.

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 Oh wait.

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 I'm sorry.

00:14:05.360 --> 00:14:06.360
 Commissioner Colm.

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 Thank you, chair.

00:14:07.680 --> 00:14:16.960
 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,

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 if you're not providing these areas with infrastructure, why the heck should you have a say?

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 Well, and I'll get to that.

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 And the reason why, to answer your question more directly right now, is that we want to

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 be able to positively influence the development because in all likelihood, some of these developments

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 are going to annex within the city.

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 And I'll get to that here in a moment and help illustrate that point and why we are

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 concerned.

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 Plus, if that bill still has to track through the legislative session, so, you know, if

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 it gets approved, then we'll adjust accordingly, but still depend upon what the outcome of

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 that is.

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 Again, if it's development within our ETJ, we're still concerned about the development

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 that's happening there because of how it's constructed.

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 Is it, when it is built, is it having any inspections that are completed upon it?

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 Is the infrastructure potentially being built to our standards?

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 And then also, especially from a fire service standpoint, it comes into play on who's providing

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 service because ultimately, regardless if it's within some of these developments or

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 within our city limits or not, it does have some financial implications on it, especially

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 from the emergency service standpoint.

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 But hopefully, I can help address that question as we move through and provide some better

00:15:38.680 --> 00:15:40.120
 feedback on that.

00:15:40.120 --> 00:15:41.120
 Did you have something, Commissioner?

00:15:41.120 --> 00:15:42.120
 Commissioner Smith.

00:15:42.120 --> 00:15:43.120
 Thank you, Chair.

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

00:15:52.080 --> 00:15:57.040
 does that process for Division 2 becoming Division 1, is that even a process that happens

00:15:57.040 --> 00:16:00.880
 where these changes they get annexed, they always exist in that certain way?

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

00:16:05.320 --> 00:16:09.160
 1, and then new Division 2 being created as city limits expand?

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

00:16:13.440 --> 00:16:16.200
 within our interlocal agreement that we have with the county.

00:16:16.200 --> 00:16:20.280
 Because the division between 1 and 2 is a product of the interlocal agreement that we

00:16:20.280 --> 00:16:21.280
 have in place with them.

00:16:21.280 --> 00:16:23.920
 So they're purely just a mile set, right?

00:16:23.920 --> 00:16:24.920
 Yes.

00:16:24.920 --> 00:16:25.920
 Okay.

00:16:25.920 --> 00:16:26.920
 Got it.

00:16:26.920 --> 00:16:29.520
 And then, so how often do those get reviewed to reset during the interlocal agreement?

00:16:29.520 --> 00:16:31.560
 Is that about to be covered?

00:16:31.560 --> 00:16:32.800
 So great question.

00:16:32.800 --> 00:16:36.360
 We're actually in some conversation with the county right now about potentially updating

00:16:36.360 --> 00:16:37.360
 our agreement.

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

00:16:41.200 --> 00:16:42.640
 review their agreement with our county.

00:16:42.640 --> 00:16:45.180
 How often does that happen traditionally?

00:16:45.180 --> 00:16:47.240
 In Denton, not very often, I would guess.

00:16:47.240 --> 00:16:50.600
 So hence why it's been 20 years.

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?

00:16:55.600 --> 00:17:01.440
 This interlocal agreement being reviewed every 20 years, I get it there's different types

00:17:01.440 --> 00:17:04.360
 and varying rates of growth.

00:17:04.360 --> 00:17:12.240
 But put a mud policy in place, essentially the division 2, division 1 changes over that

00:17:12.240 --> 00:17:13.240
 time.

00:17:13.240 --> 00:17:16.080
 Does that interact at all with a policy change of the mud?

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

00:17:19.960 --> 00:17:22.940
 and working on our interlocal agreement that we have with the county.

00:17:22.940 --> 00:17:26.580
 So that will influence our decisions that we make moving forward.

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

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

00:17:35.920 --> 00:17:37.640
 look at whatever policies we have in place.

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

00:17:42.560 --> 00:17:45.920
 made to the interlocal agreement that caused for that to be updated.

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

00:17:49.040 --> 00:17:51.600
 plan that might influence development within the ETJ.

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

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

00:18:00.240 --> 00:18:01.240
 point in time.

00:18:01.240 --> 00:18:02.240
 That is correct.

00:18:02.240 --> 00:18:04.000
 The mud becomes dissolved at that point in time.

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.

00:18:08.280 --> 00:18:09.280
 It's just part of our...

00:18:09.280 --> 00:18:15.280
 And that annexation process as it currently stands has voluntary, so a municipal utilities

00:18:15.280 --> 00:18:19.740
 district governing body, because it's a separate political division, wouldn't have any say

00:18:19.740 --> 00:18:23.620
 whatsoever in the vote of getting annexed in, it would have to be the citizens that

00:18:23.620 --> 00:18:27.600
 would be doing the voluntary annexation, or how does that interaction work?

00:18:27.600 --> 00:18:28.600
 So that's all...

00:18:28.600 --> 00:18:33.280
 The annexation laws address all of that in the process of how property is brought within,

00:18:33.280 --> 00:18:38.820
 and then we'd work with our legal team on any implications associated with the voting

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

00:18:43.220 --> 00:18:46.360
 that are in place when properties are annexing within the city.

00:18:46.360 --> 00:18:47.360
 Gotcha.

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

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

00:18:55.240 --> 00:18:56.240
 it.

00:18:56.240 --> 00:18:57.240
 Scott McDonald, director of development services.

00:18:57.240 --> 00:18:58.240
 Hi, Scott.

00:18:58.240 --> 00:19:04.160
 And I think Tina's probably gonna get into some of this that'll probably help.

00:19:04.160 --> 00:19:10.640
 I guess to focus on the ETJ1, ETJ2, we do it with an interlocal agreement.

00:19:10.640 --> 00:19:12.840
 We're very much in conversation with the county.

00:19:12.840 --> 00:19:16.240
 We're not gonna do anything that the county doesn't wanna do.

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

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.

00:19:28.340 --> 00:19:29.840
 That's the bottom line.

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

00:19:34.740 --> 00:19:38.960
 we can make sure that that development is taking into account anything to do with the

00:19:38.960 --> 00:19:43.240
 infrastructure, the roadway network, what traffic's gonna be created, that's where we're

00:19:43.240 --> 00:19:45.440
 looking to get into that agreement.

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

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

00:19:56.200 --> 00:19:58.480
 collaboration with the county and having those conversations.

00:19:58.480 --> 00:19:59.480
 Yeah.

00:19:59.480 --> 00:20:03.320
 And I'm just trying to more conceptualize the mechanisms of how this all operates as

00:20:03.320 --> 00:20:05.920
 kind of really my questions, where that's coming from.

00:20:05.920 --> 00:20:08.320
 So maybe I'll wait for more clarification.

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

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

00:20:19.280 --> 00:20:23.520
 then they have a sun setting of that, that ultimately then when somebody buys property

00:20:23.520 --> 00:20:26.640
 in that, that ultimately it will be annexed in 20 years.

00:20:26.640 --> 00:20:27.640
 Gotcha.

00:20:27.640 --> 00:20:28.640
 Okay.

00:20:28.640 --> 00:20:29.640
 So we've got that established on the front side of the model.

00:20:29.640 --> 00:20:30.640
 Cool.

00:20:30.640 --> 00:20:31.640
 Awesome.

00:20:31.640 --> 00:20:32.640
 Thanks.

00:20:32.640 --> 00:20:33.640
 Commissioner Anderson?

00:20:33.640 --> 00:20:34.640
 Thanks, Chair.

00:20:34.640 --> 00:20:37.080
 Tina, you may know this, or Scott, one of you.

00:20:37.080 --> 00:20:43.120
 These districts are created to create a tax for the infrastructure.

00:20:43.120 --> 00:20:44.120
 That is correct.

00:20:44.120 --> 00:20:47.880
 When they are annexed within the city, does that tax go away?

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,

00:20:53.160 --> 00:20:56.000
 you live there, you got to pay a tax on top of all these other taxes.

00:20:56.000 --> 00:20:59.000
 Once it's annexed with the city, does that tax go away?

00:20:59.000 --> 00:21:02.280
 Presumably, yes, it would, because it's within the city of Lemiston, then folks would be

00:21:02.280 --> 00:21:04.560
 paying their municipal city taxes.

00:21:04.560 --> 00:21:08.880
 So it's the, because the bond aspect will have been retired.

00:21:08.880 --> 00:21:12.360
 And so the bond goes towards reimbursing the municipal district.

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

00:21:16.520 --> 00:21:19.600
 from the mud to reimburse on the bonds.

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

00:21:24.240 --> 00:21:27.420
 of the city of Denton and then they pay city taxes.

00:21:27.420 --> 00:21:29.400
 But they also get city services associated with it.

00:21:29.400 --> 00:21:34.040
 So what that means is the city of Denton is then maintaining all of their infrastructure

00:21:34.040 --> 00:21:37.720
 versus the residents were having to maintain it through their municipal utility district.

00:21:37.720 --> 00:21:39.640
 Commissioner Perrot.

00:21:39.640 --> 00:21:40.640
 Thank you, Chair.

00:21:40.640 --> 00:21:42.560
 Just a couple of real short clarification things.

00:21:42.560 --> 00:21:47.040
 On the CCN, you used a couple of different words.

00:21:47.040 --> 00:21:53.080
 One was have the authority or the ability to provide services and one was the obligation

00:21:53.080 --> 00:21:54.080
 to.

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

00:21:57.880 --> 00:22:03.600
 utilities and ETJ1 or really in the CCN area.

00:22:03.600 --> 00:22:04.600
 Thank you for clarifying.

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

00:22:08.160 --> 00:22:09.160
 sewer service.

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

00:22:13.520 --> 00:22:14.520
 provide that service.

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

00:22:17.640 --> 00:22:20.760
 the mud to how the utilities are extended to that area.

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

00:22:25.320 --> 00:22:29.160
 three miles to be able to provide service, then the municipal utility district is going

00:22:29.160 --> 00:22:34.280
 to be constructing that presumably constructing that particular utility extension to it.

00:22:34.280 --> 00:22:36.840
 So it's you know, it's within our service area.

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.

00:22:42.280 --> 00:22:44.400
 Does it meet our standards?

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

00:22:47.520 --> 00:22:49.960
 because the development agreement would lay all of that out.

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

00:22:52.840 --> 00:22:54.440
 for us to be able to provide the service.

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

00:22:58.480 --> 00:23:00.080
 how that is provided for.

00:23:00.080 --> 00:23:01.080
 Okay.

00:23:01.080 --> 00:23:03.880
 And what actually sets the CCN area?

00:23:03.880 --> 00:23:08.800
 I believe that's a legislative action or TCEQ.

00:23:08.800 --> 00:23:13.280
 It's all done by the state through through some process between our utilities and and

00:23:13.280 --> 00:23:14.280
 TCEQ.

00:23:14.280 --> 00:23:15.280
 Okay.

00:23:15.280 --> 00:23:17.280
 And okay.

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

00:23:23.200 --> 00:23:24.600
 and I'm sure we'll talk more.

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

00:23:30.280 --> 00:23:32.880
 down the bonds, right?

00:23:32.880 --> 00:23:34.520
 Yes.

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,

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

00:23:45.080 --> 00:23:47.240
 city, whether it's us or somebody else.

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

00:23:54.280 --> 00:23:57.060
 and replace that infrastructure when it ages?

00:23:57.060 --> 00:24:01.920
 So it's my understanding that they have the ability to level additional taxes because

00:24:01.920 --> 00:24:05.560
 they're still going to have to provide for the maintenance associated with it.

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.

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

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

00:24:19.080 --> 00:24:22.800
 the maintenance and none of the other cities within the area would be providing for the

00:24:22.800 --> 00:24:24.460
 maintenance associated with it.

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

00:24:30.520 --> 00:24:31.520
 to pay more bonds.

00:24:31.520 --> 00:24:36.040
 Presumably, yes, unless the legislature changes with respect to that.

00:24:36.040 --> 00:24:37.040
 Okay.

00:24:37.040 --> 00:24:38.040
 Thank you.

00:24:38.040 --> 00:24:39.040
 You're welcome.

00:24:39.040 --> 00:24:40.040
 Okay.

00:24:40.040 --> 00:24:41.040
 So let's talk about how a mud is created.

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

00:24:44.220 --> 00:24:47.720
 steps associated with it, but just really want to convey to you the two processes that

00:24:47.720 --> 00:24:50.000
 are available for these to be created.

00:24:50.000 --> 00:24:53.440
 So one is through a district creation by the Texas legislature.

00:24:53.440 --> 00:24:56.160
 So that's provided for within state law.

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

00:25:01.320 --> 00:25:04.280
 it was first established, that was a result of the Texas legislature.

00:25:04.280 --> 00:25:06.960
 So they passed a bill that established that district.

00:25:06.960 --> 00:25:13.400
 The other option is with respect to the Texas Commission on Environmental Quality or TCEQ,

00:25:13.400 --> 00:25:17.940
 there is a petition and consent process that's provided for within the water code.

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

00:25:24.440 --> 00:25:27.240
 prior to the creation of the TCEQ process.

00:25:27.240 --> 00:25:30.080
 And the key word is that it has to be requested, right?

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

00:25:34.520 --> 00:25:37.680
 developer to go before the city and request consent.

00:25:37.680 --> 00:25:42.040
 The consent application is what provides this, or the consent application process, excuse

00:25:42.040 --> 00:25:46.080
 me, provides the city with a potential greater influence over the mud.

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

00:25:52.920 --> 00:25:55.760
 agreement that is negotiated with the developer.

00:25:55.760 --> 00:25:59.760
 Typically, when a developer is requesting consent from the city, if they're successful

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.

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

00:26:08.400 --> 00:26:09.400
 the developer.

00:26:09.400 --> 00:26:12.080
 And let's face it, time equals money from their perspective.

00:26:12.080 --> 00:26:18.280
 So longer process means more time, means more money associated potentially with it.

00:26:18.280 --> 00:26:20.320
 If I can finish one thing.

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,

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.

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.

00:26:34.500 --> 00:26:39.280
 So if we do not grant consent, they can say, "Thank you, city, appreciate you considering

00:26:39.280 --> 00:26:43.120
 our request, but we're still gonna move forward with the state and be formed."

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

00:26:48.240 --> 00:26:51.260
 at the end of the day, they can form.

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

00:26:55.720 --> 00:26:56.720
 get.

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

00:27:00.040 --> 00:27:05.120
 agreement that outlines certain performance obligations, if you will, whether how they're

00:27:05.120 --> 00:27:08.060
 building their infrastructure or whether their buildings are gonna be subject to any building

00:27:08.060 --> 00:27:10.760
 codes and inspections, whatever the cases may be.

00:27:10.760 --> 00:27:13.800
 But ideally, that's where we wanna get is to negotiate in that development agreement,

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

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

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,

00:27:27.280 --> 00:27:30.840
 but so she's early enough in her planning career.

00:27:30.840 --> 00:27:35.400
 But presumably, if they are eventually annexed into the city, then we wanna make sure that

00:27:35.400 --> 00:27:37.600
 we have a better idea of what we're getting.

00:27:37.600 --> 00:27:42.400
 So the preferred application method, from the city's perspective, is that they would

00:27:42.400 --> 00:27:46.720
 go through TCEQ, because again, that's where we have the opportunity to influence the process

00:27:46.720 --> 00:27:49.400
 more compared to if it was going through the legislature.

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

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,

00:28:03.760 --> 00:28:08.080
 where the two processes are concerned, the key takeaway from that is the fact that we

00:28:08.080 --> 00:28:14.640
 have the ability to potentially influence the development through the consent process.

00:28:14.640 --> 00:28:17.040
 So a little more background information about the MUDs.

00:28:17.040 --> 00:28:23.720
 So the city has provided consent to four municipal utility districts, one of which was Astra,

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

00:28:27.040 --> 00:28:28.040
 my cursor?

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.

00:28:34.120 --> 00:28:36.600
 So Lala Ranch I was referring to previously.

00:28:36.600 --> 00:28:40.080
 So Lala Ranch, this phase here, it was established through the legislature.

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

00:28:45.760 --> 00:28:46.940
 by the legislature.

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

00:28:52.360 --> 00:28:57.120
 their proposed second expansion area, and that has, we were working with council on

00:28:57.120 --> 00:29:01.480
 that as of November, December of last year, and that ended up not going anywhere from

00:29:01.480 --> 00:29:03.520
 a consent standpoint right now.

00:29:03.520 --> 00:29:05.440
 But nonetheless, so Lala Ranch is there.

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

00:29:10.320 --> 00:29:12.760
 in this area here, just south of 380.

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

00:29:19.720 --> 00:29:20.720
 version.

00:29:20.720 --> 00:29:23.720
 Anyway, Stonehill Ranch was another one that we granted consent.

00:29:23.720 --> 00:29:27.420
 Legends, we are currently in the process of negotiating a development agreement.

00:29:27.420 --> 00:29:31.000
 The city did not grant consent associated with that particular request, and so they chose

00:29:31.000 --> 00:29:33.080
 to enter into negotiating a development agreement.

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,

00:29:38.040 --> 00:29:39.040
 for their consideration.

00:29:39.040 --> 00:29:44.280
 Otherwise, we have eight other MUDs that have expressed interest and requested consent to

00:29:44.280 --> 00:29:46.120
 be able to form within the ETJ.

00:29:46.120 --> 00:29:50.040
 So during our conversations when we were going through the adoption of the comprehensive

00:29:50.040 --> 00:29:53.360
 plan and had all of those work session discussions, there was much discussion about whether or

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

00:29:58.120 --> 00:30:00.480
 development within the area.

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

00:30:05.840 --> 00:30:10.600
 and Tabor Ranch have requested consent since the adoption of the comp plan in March of

00:30:10.600 --> 00:30:11.600
 this year.

00:30:11.600 --> 00:30:14.640
 So, but all the more reason why I think it's important.

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?

00:30:21.700 --> 00:30:24.620
 - There is, and it's provided for in the TCEQ process.

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

00:30:28.880 --> 00:30:32.440
 in which we have to act on whether or not we choose to grant consent.

00:30:32.440 --> 00:30:38.400
 And then if we, and then the timeline gets further projected out.

00:30:38.400 --> 00:30:42.040
 So, but yes, we are obligated to act within a certain timeframe.

00:30:42.040 --> 00:30:43.040
 - Okay.

00:30:43.040 --> 00:30:44.040
 - Commissioner Call.

00:30:44.040 --> 00:30:45.680
 - Thank you, Chair.

00:30:45.680 --> 00:30:53.200
 So Tina, without city consent, means no difference, it's still set up.

00:30:53.200 --> 00:30:54.200
 - Correct.

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

00:30:58.860 --> 00:31:01.120
 what we wanna do is have a seat at the table.

00:31:01.120 --> 00:31:04.880
 We wanna encourage the developers to be able to negotiate a development agreement with

00:31:04.880 --> 00:31:08.520
 the city so that we can influence better quality development.

00:31:08.520 --> 00:31:12.320
 And so this gets into, you know, why update the interim policy?

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

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

00:31:21.000 --> 00:31:23.800
 of Mudd developers that were seeking consent from the city.

00:31:23.800 --> 00:31:27.760
 We did not have any evaluation criteria at that time when these requests were coming

00:31:27.760 --> 00:31:28.760
 in.

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

00:31:33.280 --> 00:31:36.440
 it was viewed as an interim policy.

00:31:36.440 --> 00:31:41.120
 The current policy, it represents eight policy statements, there are a series of technical

00:31:41.120 --> 00:31:45.800
 requirements associated with it that align with the policy statements.

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

00:31:50.160 --> 00:31:53.420
 that in a little bit more on my next slide.

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

00:31:57.840 --> 00:32:02.640
 to enter into the development agreement because we want to be able to influence quality development.

00:32:02.640 --> 00:32:07.320
 And right now, our current interim Mudd policy, it does not encourage or incentivize developers

00:32:07.320 --> 00:32:10.640
 to enter into that agreement.

00:32:10.640 --> 00:32:14.040
 And so, and I want to say incentivize, I'm not talking about financially incentivize,

00:32:14.040 --> 00:32:19.320
 I'm talking about encouraging them to come to the table and having that conversation

00:32:19.320 --> 00:32:20.320
 with us.

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

00:32:23.760 --> 00:32:26.200
 type of development that's happening within the ETJ.

00:32:26.200 --> 00:32:30.400
 Additionally, our comprehensive plan provides policy support, and I've noted the action

00:32:30.400 --> 00:32:37.120
 item here, but our comp plan provides that policy support and addresses additionally

00:32:37.120 --> 00:32:39.840
 why we should consider updating the Mudd policy.

00:32:39.840 --> 00:32:43.640
 And then lastly, it all comes back down to is the continued development pressures within

00:32:43.640 --> 00:32:45.140
 the ETJ.

00:32:45.140 --> 00:32:49.040
 And if we know that these developments are going to be happening within our ETJ, and

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

00:32:53.600 --> 00:32:57.240
 want to encourage developers to enter into that development agreement because again,

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.

00:33:04.280 --> 00:33:10.580
 So with that, that's a good segue into challenges with our current interim policy.

00:33:10.580 --> 00:33:14.320
 So some of the things that we've learned since then, since it's been adopted.

00:33:14.320 --> 00:33:17.800
 So there are many technical requirements that are included within the policy that really

00:33:17.800 --> 00:33:20.040
 should be part of a separate application process.

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.

00:33:23.560 --> 00:33:28.520
 So when Mudd developers request consent from the city, there's really, you know, they're

00:33:28.520 --> 00:33:32.360
 just emailing documents and sending them to the city secretary and letting us know that

00:33:32.360 --> 00:33:33.760
 they're requesting consent.

00:33:33.760 --> 00:33:38.380
 But otherwise, there's no formal application process associated with that.

00:33:38.380 --> 00:33:42.560
 What we have found, and I mentioned earlier, the policy has been difficult to implement

00:33:42.560 --> 00:33:45.600
 not only from our perspective, but also from the developers.

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,

00:33:50.600 --> 00:33:52.680
 again, this was a stopgap measurement.

00:33:52.680 --> 00:33:57.440
 We threw everything in the kitchen sink just about to them in asking for certain documentation

00:33:57.440 --> 00:33:59.280
 to be submitted to us.

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

00:34:03.800 --> 00:34:05.480
 germane to this particular project?

00:34:05.480 --> 00:34:09.040
 Do we have an interest or a need for this type of information being submitted?

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

00:34:12.840 --> 00:34:17.860
 to provide all this information associated with it and knowing that they can still go

00:34:17.860 --> 00:34:22.480
 through and get their Mudd formulated through the state and not have our consent.

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

00:34:28.040 --> 00:34:33.800
 us at the table to engage in that conversation if you will.

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

00:34:38.100 --> 00:34:42.920
 consent and not having to submit anything to us from that perspective.

00:34:42.920 --> 00:34:47.280
 The other thing I'll add is our current interim policy, it discourages developers from seeking

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

00:34:52.960 --> 00:34:57.120
 agreement with us as it relates to infrastructure and services being provided.

00:34:57.120 --> 00:35:01.760
 Additionally, it potentially has emergency services implications, which results in an

00:35:01.760 --> 00:35:05.520
 increased cost of service, particularly from our perspective.

00:35:05.520 --> 00:35:09.960
 Right now with development happening within the county, the county or I should say within

00:35:09.960 --> 00:35:15.200
 the ETJ, the county assigns who is going to be the responding fire service provider.

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

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

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

00:35:27.940 --> 00:35:31.720
 closest, then that community may only have a volunteer fire department.

00:35:31.720 --> 00:35:35.340
 And so if the Mudd developer is satisfied with that, so be it.

00:35:35.340 --> 00:35:39.440
 In all likelihood, we're backfilling, we're either backfilling then to a community that's

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

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

00:35:49.960 --> 00:35:51.420
 if you will.

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

00:35:58.000 --> 00:35:59.560
 from entering into development agreement.

00:35:59.560 --> 00:36:04.080
 So there's implications on the city should the development pursue annexation in the future.

00:36:04.080 --> 00:36:08.060
 And again, this is the potential then for us to be able to inherit substandard roads

00:36:08.060 --> 00:36:11.920
 or utilities that were constructed because if we do not have a development agreement

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.

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.

00:36:21.360 --> 00:36:23.880
 Basically if you're building within the city limits, it's curb and gutter.

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

00:36:27.860 --> 00:36:31.360
 ditches associated with it to provide for the drainage.

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

00:36:37.320 --> 00:36:41.960
 roads or those utilities shall be constructed and then who's also doing the inspection associated

00:36:41.960 --> 00:36:46.260
 with it and then being able to address and provide for the maintenance with that.

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,

00:36:50.800 --> 00:36:53.120
 did we really treat those areas the same?

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

00:37:00.280 --> 00:37:02.400
 the developments that are happening within that area?

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

00:37:05.840 --> 00:37:07.640
 electrical service.

00:37:07.640 --> 00:37:11.840
 Another thing that comes into play is whether or not we have overlapping ETJ areas.

00:37:11.840 --> 00:37:18.480
 So depending upon where the mud is locating, is it appropriate or could it potentially

00:37:18.480 --> 00:37:22.920
 annex within our community versus annexing into another community given their proximity

00:37:22.920 --> 00:37:24.300
 to that community.

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

00:37:30.680 --> 00:37:35.280
 ETJ one, there may be a greater likelihood of that development annexing into the city

00:37:35.280 --> 00:37:38.780
 compared to if it was located in ETJ two.

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

00:37:42.800 --> 00:37:47.760
 quality development within our ETJ knowing that we have limited authority to begin with,

00:37:47.760 --> 00:37:52.080
 but also then having consent be pursued.

00:37:52.080 --> 00:37:55.520
 Any questions before I get into the draft mud policy purpose?

00:37:55.520 --> 00:37:56.880
 Okay.

00:37:56.880 --> 00:38:02.360
 So the recommended policy purpose and goals that follow outline what the city would like

00:38:02.360 --> 00:38:06.640
 to achieve with respect to the muds through the policy update process.

00:38:06.640 --> 00:38:11.400
 The policy purpose and goals have been developed collectively by our outside consultant, our

00:38:11.400 --> 00:38:15.840
 legal team, our planning staff, as well as other members of the city of Denton team,

00:38:15.840 --> 00:38:19.160
 and then also researching information from other communities.

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

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

00:38:28.300 --> 00:38:30.200
 with the ETJ areas shaded.

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.

00:38:34.680 --> 00:38:37.760
 We would like to add clarity to the policy and the mud review process.

00:38:37.760 --> 00:38:41.820
 We'd also like to be able to, again, influence quality development where at all possible.

00:38:41.820 --> 00:38:46.440
 And then we'd also like to potentially mitigate any financial implications on the city, especially

00:38:46.440 --> 00:38:49.380
 if the development were to annex into the city in the future.

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

00:38:53.400 --> 00:38:56.400
 with city policy, technical requirements is important to us.

00:38:56.400 --> 00:39:01.480
 So again, it gets back to building the infrastructure consistent with our technical design standards

00:39:01.480 --> 00:39:05.260
 that we have in place, as well as meeting our subdivision ordinance requirements.

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

00:39:09.900 --> 00:39:14.900
 of Denton, because again, when these developments come into play, if they annex within the city

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,

00:39:18.640 --> 00:39:21.160
 as I mentioned earlier, there's a cost implication associated with that.

00:39:21.160 --> 00:39:25.120
 So we're interested in trying to make sure we protect our financial integrity and sustainability

00:39:25.120 --> 00:39:27.120
 within the community.

00:39:27.120 --> 00:39:30.560
 Also the whole policy purpose, we want to establish a framework for discussions with

00:39:30.560 --> 00:39:32.920
 the county for applications in the ETJ.

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

00:39:37.360 --> 00:39:42.480
 relationship with the county, and we continue to review our interlocal agreement.

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,

00:39:47.320 --> 00:39:49.760
 such as a mud that are forming within our ETJ.

00:39:49.760 --> 00:39:53.000
 So it also provides that vehicle for communication.

00:39:53.000 --> 00:39:55.920
 Also again, we want to establish a framework for development agreements if they are going

00:39:55.920 --> 00:39:58.200
 to be a condition of consent.

00:39:58.200 --> 00:40:02.480
 And then lastly, establish an application process that will outline submission requirements

00:40:02.480 --> 00:40:03.960
 for mud development applications.

00:40:03.960 --> 00:40:06.560
 So it's very clear in terms of what needs to be submitted.

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

00:40:11.240 --> 00:40:14.440
 to formulate within ETJ2.

00:40:14.440 --> 00:40:17.800
 So that lays the whole policy purpose, if you will.

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

00:40:25.880 --> 00:40:28.400
 in terms of what it would seek to achieve.

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

00:40:33.840 --> 00:40:37.000
 provides the framework, or the bones, if you will, for the policy.

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

00:40:40.760 --> 00:40:43.200
 the purpose of what that policy should be?

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

00:40:47.080 --> 00:40:48.880
 missed with respect to it?

00:40:48.880 --> 00:40:52.880
 Because again, we viewed this as being the framework or the bones of the policy, and

00:40:52.880 --> 00:40:56.440
 we wanted to get their direction and concurrence on this before we went and really invested

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

00:41:00.120 --> 00:41:02.040
 meat on the bone associated with it.

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

00:41:07.880 --> 00:41:12.200
 establish an equitable arrangement between the mud and the city in order to influence

00:41:12.200 --> 00:41:14.120
 the development as much as possible.

00:41:14.120 --> 00:41:15.520
 And the key word there is equitable.

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

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.

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

00:41:29.760 --> 00:41:33.800
 that consent, then we want to ensure that with that comes a development agreement that

00:41:33.800 --> 00:41:36.720
 lays out our expectations associated with that.

00:41:36.720 --> 00:41:40.920
 Secondly, we want to establish clear guidelines with respect to the muds for the benefit of

00:41:40.920 --> 00:41:44.840
 council because they're the ones that review the consent requests that are received, but

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

00:41:49.160 --> 00:41:50.880
 the mud developer.

00:41:50.880 --> 00:41:55.640
 Also this allows for the county to be able to understand again our expectations of what

00:41:55.640 --> 00:42:00.200
 the city of Denton expects for mud development if they're going to negotiate with us.

00:42:00.200 --> 00:42:03.520
 Additionally, ideally the mud would be developed in a manner generally consistent with our

00:42:03.520 --> 00:42:04.520
 conference of plan.

00:42:04.520 --> 00:42:09.120
 Again, we have limited authority regarding land uses right now, and so with being in

00:42:09.120 --> 00:42:14.600
 a development agreement negotiation, we have the ability to partake in that conversation

00:42:14.600 --> 00:42:17.720
 regarding land uses that are being proposed within the mud and then the infrastructure

00:42:17.720 --> 00:42:20.160
 that supports them.

00:42:20.160 --> 00:42:23.960
 Number four, we want to encourage alignment with our technical design standards, including

00:42:23.960 --> 00:42:28.240
 but not limited to our roadway standards and then our water and wastewater standards particularly

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

00:42:32.680 --> 00:42:33.680
 time.

00:42:33.680 --> 00:42:36.320
 Again, we know that the residents that are property owners within the mud, they're making

00:42:36.320 --> 00:42:41.880
 a financial investment and so we want to make sure that the adequate infrastructure is provided

00:42:41.880 --> 00:42:45.880
 for, but again if this development eventually gets annexed into the city, then we want to

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

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

00:42:53.560 --> 00:42:56.320
 would be associated with that.

00:42:56.320 --> 00:43:00.500
 Our fifth goal was to ensure that the mud has adequate protective services including

00:43:00.500 --> 00:43:04.480
 fire police ambulance services for the safety of the residents in the greater community.

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

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

00:43:12.880 --> 00:43:18.360
 to us from a fire and emergency perspective with services and how that impacts the residents

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

00:43:22.040 --> 00:43:27.160
 our engines and/or trucks to another community to provide service because then that leaves

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

00:43:31.760 --> 00:43:32.760
 for.

00:43:32.760 --> 00:43:36.280
 We're also interested in number six, verifying the long-term fiscal sustainability of the

00:43:36.280 --> 00:43:40.040
 mud in order to protect the residents' investment and ensure that a financial burden is not

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

00:43:44.400 --> 00:43:46.280
 here as I've been presenting.

00:43:46.280 --> 00:43:49.940
 Number seven, encouraging environmental stewardship of mud lands and the provision of open space

00:43:49.940 --> 00:43:53.940
 for the long-term sustainability of the ETJ and the enjoyment of the mud residents.

00:43:53.940 --> 00:43:57.440
 We know when we worked on the update to the comprehensive plan that preservation of land

00:43:57.440 --> 00:44:03.000
 and open space, maintaining rural character, and protecting natural resources was of significance

00:44:03.000 --> 00:44:04.520
 to our community.

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

00:44:08.880 --> 00:44:13.140
 negotiations then we'll try and do so.

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

00:44:17.840 --> 00:44:21.480
 that the recommendations of the policy are implemented to facilitate the technical and

00:44:21.480 --> 00:44:24.060
 financial integration of the mud into the city.

00:44:24.060 --> 00:44:28.960
 So again, that goes back to the quality of the infrastructure that's built, the structures

00:44:28.960 --> 00:44:33.560
 themselves, having a level of inspections done associated with it because again, we're

00:44:33.560 --> 00:44:36.440
 not building inspections out there.

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.

00:44:41.160 --> 00:44:45.240
 So let's say they decide to build a fire station.

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

00:44:49.480 --> 00:44:52.120
 a Morton building fire station, right?

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.

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,

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

00:45:09.000 --> 00:45:12.360
 of some other standard.

00:45:12.360 --> 00:45:16.200
 Number nine for lands within ETJ 2, ensure that the recommendations of the policy are

00:45:16.200 --> 00:45:20.120
 implemented so that any possible negative offsite impacts of the development are minimized

00:45:20.120 --> 00:45:21.880
 and necessary services are provided.

00:45:21.880 --> 00:45:26.360
 Again, this goes back to adequate infrastructure being developed, but also one of the things

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

00:45:31.560 --> 00:45:35.000
 up and they're no longer financially solvent?

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

00:45:39.240 --> 00:45:44.360
 providing for any services, especially if they had fire police, or excuse me, fire service

00:45:44.360 --> 00:45:48.320
 provide out there because the county would be providing sheriff's support.

00:45:48.320 --> 00:45:53.360
 But also if the development goes belly up, how does that impact other surrounding development

00:45:53.360 --> 00:45:54.360
 to the mud?

00:45:54.360 --> 00:45:56.640
 How does it influence from a land use perspective?

00:45:56.640 --> 00:46:02.400
 Because those surrounding property owners also have an interest in how the mud development

00:46:02.400 --> 00:46:06.120
 could impact their land as well.

00:46:06.120 --> 00:46:09.000
 Number 10, I've already pretty much touched on a couple of different times.

00:46:09.000 --> 00:46:14.560
 Again, providing a framework and discussion for conversations with the county.

00:46:14.560 --> 00:46:18.000
 Number 11, establish clear guidelines for a development agreement between the mud and

00:46:18.000 --> 00:46:21.800
 the city of Denton should the city decide its development agreement is advantageous.

00:46:21.800 --> 00:46:25.120
 Again, this is the key goal that we would be getting to.

00:46:25.120 --> 00:46:28.640
 Here what we talked about with council is council said we should establish what are

00:46:28.640 --> 00:46:29.640
 the minimums?

00:46:29.640 --> 00:46:33.320
 What are the minimum expectations that we, the city of Denton have for developments that

00:46:33.320 --> 00:46:38.640
 are wanting to locate within our ETJ and in wanting our consent?

00:46:38.640 --> 00:46:43.360
 So we feel like number 11 is really going to help with providing that direction and

00:46:43.360 --> 00:46:45.080
 then it becomes a negotiation, right?

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

00:46:48.000 --> 00:46:52.200
 this one over here has really given me some grief, can we negotiate on that?

00:46:52.200 --> 00:46:56.240
 Then, you know, then the city council has the ability to continue to say, nope, sorry,

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

00:47:00.960 --> 00:47:04.200
 to consider something differently because, you know, let's say the developer is offering

00:47:04.200 --> 00:47:07.120
 up something else that's comparable or better value.

00:47:07.120 --> 00:47:12.200
 So it, but again, it allows for that framework to be further established, if you will.

00:47:12.200 --> 00:47:16.320
 So the developer knows what the expectation is from the city of Denton should they want

00:47:16.320 --> 00:47:18.240
 to pursue consent from us.

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

00:47:24.240 --> 00:47:28.720
 that we were having and it came up naturally in part of our conversation with council,

00:47:28.720 --> 00:47:32.880
 but that is should the city consider other alternative development financing tools instead

00:47:32.880 --> 00:47:36.440
 of the MUDs themselves because there are other financing mechanisms out there, whether it's

00:47:36.440 --> 00:47:41.200
 a public improvement district or a tax increment financing district that could come into play.

00:47:41.200 --> 00:47:45.840
 Typically, you know, the reason why developers are asking for some sort of financial incentive

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

00:47:50.100 --> 00:47:54.480
 looking at ways to receive revenues to offset the costs associated with providing for the

00:47:54.480 --> 00:47:57.440
 infrastructure and any other services that they might be providing.

00:47:57.440 --> 00:48:02.500
 So and so council is going to be looking at updating our public improvement district policy,

00:48:02.500 --> 00:48:07.800
 tax increment financing district policy, in the past we have not necessarily been supportive

00:48:07.800 --> 00:48:11.040
 of entering into those kind of agreements, it's my understanding.

00:48:11.040 --> 00:48:16.680
 And so the MUD has been the other mechanism in which the developments have pursued.

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

00:48:21.760 --> 00:48:27.040
 because we will be intending to address that separately in another manner with updating

00:48:27.040 --> 00:48:29.720
 those with our economic development team.

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

00:48:32.920 --> 00:48:33.920
 covered them all.

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

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

00:48:42.000 --> 00:48:46.800
 policy update will be able to address those various challenges that were identified.

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.

00:48:50.760 --> 00:48:55.760
 So again, direction from council, we received some direction, I've got that on the following

00:48:55.760 --> 00:48:58.480
 slide here at their meeting last week.

00:48:58.480 --> 00:49:02.440
 Our next steps now would then be to update the policy and the application requirements.

00:49:02.440 --> 00:49:06.320
 We anticipate that this is going to be an overhaul of the policy.

00:49:06.320 --> 00:49:09.840
 There are a few good nuggets of information that are in our current interim policy that

00:49:09.840 --> 00:49:15.240
 we believe are valid and be able to move forward into our updated policy.

00:49:15.240 --> 00:49:18.680
 But really, because of the fact that we have all of the application requirements intertwined

00:49:18.680 --> 00:49:22.400
 within this policy itself, we're going to pull the application requirement information

00:49:22.400 --> 00:49:26.780
 out, create our separate application framework of which we'll return to council with that.

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

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.

00:49:35.080 --> 00:49:38.600
 Because again, remember from all of our comp plan discussions, policies high level provides

00:49:38.600 --> 00:49:43.600
 that policy direction and then the implementation comes through in this case with the development

00:49:43.600 --> 00:49:47.760
 agreement and then all of our technical design manuals and what have you that we have.

00:49:47.760 --> 00:49:53.180
 We anticipate bringing back the updated policy and the application requirements later this

00:49:53.180 --> 00:49:54.180
 year.

00:49:54.180 --> 00:49:56.200
 It'll likely be late summer, early fall.

00:49:56.200 --> 00:49:59.320
 It's possible we could have some additional conversations with council between now and

00:49:59.320 --> 00:50:01.720
 then as we work on this.

00:50:01.720 --> 00:50:05.520
 But basically what we heard from council was they were in agreement with the MUD policy

00:50:05.520 --> 00:50:08.120
 purpose and all of the goals that we presented.

00:50:08.120 --> 00:50:12.160
 Additionally, they did concur with pursuing development agreements as a potential condition

00:50:12.160 --> 00:50:15.640
 of consent should certain minimum development requirements be achieved.

00:50:15.640 --> 00:50:19.940
 And I spoke to that earlier again, identifying in the policy, these are the minimum expectations

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

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

00:50:29.160 --> 00:50:32.640
 anything that we missed, they did not identify anything.

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

00:50:36.560 --> 00:50:38.040
 need their direction.

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.

00:50:44.600 --> 00:50:47.440
 So I appreciate your attention.

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,

00:50:51.680 --> 00:50:54.920
 but happy to address any additional questions that the commission may have.

00:50:54.920 --> 00:50:55.920
 Commissioner Smith.

00:50:55.920 --> 00:50:56.920
 Thank you, Chair.

00:50:56.920 --> 00:50:57.920
 Wow.

00:50:57.920 --> 00:50:58.920
 That was boring.

00:50:58.920 --> 00:50:59.920
 No, I'm just kidding.

00:50:59.920 --> 00:51:00.920
 I would wholeheartedly concur.

00:51:00.920 --> 00:51:06.360
 No, I think it's actually, it's very interesting.

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

00:51:09.200 --> 00:51:12.880
 about MUDs is the event of insolvency, right?

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.

00:51:21.660 --> 00:51:27.320
 Do we have mechanisms in the developer agreement for what happens in the event of insolvency?

00:51:27.320 --> 00:51:32.400
 Does that already exist somewhere where essentially, because my concern would be, you know, I'm

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

00:51:35.960 --> 00:51:38.680
 out the 1% chance piece, right?

00:51:38.680 --> 00:51:45.560
 That a municipal utility district has created, whether through mismanagement, misappropriation,

00:51:45.560 --> 00:51:49.360
 embezzlement, something criminal, it becomes insolvent.

00:51:49.360 --> 00:51:54.120
 And at that point in time, because of mismanagement, even the utilities themselves have not been

00:51:54.120 --> 00:51:56.480
 maintained at that point in time.

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

00:52:02.600 --> 00:52:06.880
 the city limits, decide, well, we need to get this crap fixed.

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

00:52:11.120 --> 00:52:12.120
 my head.

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

00:52:14.880 --> 00:52:19.000
 process works now since the House bill we had I think in 2019 or so.

00:52:19.000 --> 00:52:20.420
 And we have that as a boot camp item.

00:52:20.420 --> 00:52:21.420
 Oh, cool.

00:52:21.420 --> 00:52:22.420
 Awesome.

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,

00:52:28.680 --> 00:52:33.860
 and we take over a utility infrastructure that is insufficient.

00:52:33.860 --> 00:52:39.400
 So what protections does the development agreement, anything in the revision of this policy do

00:52:39.400 --> 00:52:42.480
 to protect the city in that event?

00:52:42.480 --> 00:52:43.480
 That's a great question.

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

00:52:46.920 --> 00:52:50.520
 the development agreement with Legend Ranch.

00:52:50.520 --> 00:52:56.880
 Do we address insolvency or what happens or have we engaged in that conversation, Scott?

00:52:56.880 --> 00:52:59.440
 It looks like he started to.

00:52:59.440 --> 00:53:02.520
 No, I'm actually looking right now just to confirm.

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

00:53:06.040 --> 00:53:10.120
 of those provisions to make sure that we have whatever that might look like.

00:53:10.120 --> 00:53:12.280
 But let me, I'm doing the research.

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

00:53:17.640 --> 00:53:21.680
 be a clause in there about insolvency in the event of insolvency that that then allows

00:53:21.680 --> 00:53:26.000
 counsel to then vote to be able to create a PID at that point in time.

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

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

00:53:36.120 --> 00:53:37.800
 because of poor mismanagement.

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

00:53:42.680 --> 00:53:43.680
 utilities district.

00:53:43.680 --> 00:53:48.000
 So it's unfair that their politicians they voted in have mismanaged it, therefore creating

00:53:48.000 --> 00:53:52.280
 a bad situation for them, but at the same time to protect the citizens of Denton.

00:53:52.280 --> 00:53:56.560
 If annexation rules don't change in house legislature, then it's not fair to citizens

00:53:56.560 --> 00:53:58.440
 who exist now to have to pick up the bill on that.

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

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

00:54:06.960 --> 00:54:07.960
 that bill.

00:54:07.960 --> 00:54:12.720
 And that's a very infinitesimal small percentage chance, but it would protect the existing

00:54:12.720 --> 00:54:15.560
 citizens in my opinion.

00:54:15.560 --> 00:54:20.600
 The question I had was, did you guys consult with Dallas Builders Association, any other

00:54:20.600 --> 00:54:21.600
 developers?

00:54:21.600 --> 00:54:22.600
 Yeah.

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

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

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

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

00:54:44.600 --> 00:54:50.520
 to know if what the revisions made are less cumbersome, therefore more enticing and beneficial

00:54:50.520 --> 00:54:52.960
 for both sides in this process.

00:54:52.960 --> 00:54:56.200
 And I think you used a few key words there, yes.

00:54:56.200 --> 00:55:01.240
 So we've had some conversations with the Home Builders Association.

00:55:01.240 --> 00:55:05.220
 We're ultimately talking to some of the developers that are doing that.

00:55:05.220 --> 00:55:08.440
 They ultimately are looking for our consent.

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.

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

00:55:20.600 --> 00:55:26.080
 more positive development with everything that we can without of course chasing them

00:55:26.080 --> 00:55:27.080
 away.

00:55:27.080 --> 00:55:29.000
 They have the ability to do that.

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.

00:55:33.800 --> 00:55:39.260
 And from the insolvency, we'll look into that.

00:55:39.260 --> 00:55:41.280
 I don't have that answer today.

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

00:55:44.560 --> 00:55:49.320
 because it is a separate taxing entity that isn't necessarily with us.

00:55:49.320 --> 00:55:53.480
 That agreement really gets into that we're going to ensure any of the infrastructure

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

00:55:59.480 --> 00:56:00.480
 that it's annexed.

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?

00:56:05.800 --> 00:56:09.680
 So they're going to be general obligation of the actual taxing body itself.

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

00:56:13.640 --> 00:56:14.640
 a revenue bond.

00:56:14.640 --> 00:56:16.000
 It's going to be a general obligation bond.

00:56:16.000 --> 00:56:17.240
 Is there a sinking fund tied to it?

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

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

00:56:24.360 --> 00:56:25.360
 in any of that.

00:56:25.360 --> 00:56:26.360
 I didn't think so.

00:56:26.360 --> 00:56:27.360
 That's why I'm not asking about it.

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,

00:56:31.780 --> 00:56:35.760
 but insolvency becomes a part of the city that becomes a problem.

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

00:56:40.520 --> 00:56:41.520
 doing that.

00:56:41.520 --> 00:56:44.200
 So yeah, we'll get that definitive answer.

00:56:44.200 --> 00:56:45.760
 Thank you.

00:56:45.760 --> 00:56:57.280
 Yeah, I would just want to echo many of the thoughts of yeah.

00:56:57.280 --> 00:57:00.880
 Thank you, Commissioner Tim.

00:57:00.880 --> 00:57:04.040
 It's Wednesday and it feels like Friday to me.

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

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

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

00:57:18.400 --> 00:57:20.680
 the list of things are in the background and that's fine.

00:57:20.680 --> 00:57:22.680
 I don't need to know right now.

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,

00:57:28.440 --> 00:57:35.160
 for instance, the infrastructure quality of roadways or whatever it is.

00:57:35.160 --> 00:57:40.480
 You can have different deficiencies right where one might be an inadequate subgrade

00:57:40.480 --> 00:57:46.000
 and geological survey leading to premature failure.

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

00:57:50.880 --> 00:57:52.640
 that sort of thing.

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

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

00:58:07.220 --> 00:58:11.560
 more expensive for them to maintain increasing the likelihood of leading to an insolvency

00:58:11.560 --> 00:58:15.000
 situation or something like that, right into to help address that.

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

00:58:19.280 --> 00:58:22.360
 out there, you know, because that's what you know how we're regulating development within

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

00:58:27.520 --> 00:58:28.520
 to build.

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

00:58:32.120 --> 00:58:36.480
 distance but shore up that delta and the quality of the construction because ideally we want

00:58:36.480 --> 00:58:39.520
 them building to our standards because our standards are the best, right.

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

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

00:58:51.860 --> 00:58:54.880
 maintenance over time and also minimize maintenance over time, right.

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

00:58:57.560 --> 00:59:01.280
 that these roads are going to last or these utilities are going to last.

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

00:59:05.400 --> 00:59:08.280
 we that we know what we're receiving.

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

00:59:11.360 --> 00:59:16.000
 building to those standards, then ideally that's going to minimize any maintenance considerations

00:59:16.000 --> 00:59:17.440
 longer term.

00:59:17.440 --> 00:59:20.900
 Also as part of the development agreement, we would have provisions in there also from

00:59:20.900 --> 00:59:25.040
 an inspection standpoint to hold the accountability to make sure that the infrastructure is being

00:59:25.040 --> 00:59:27.120
 built to the standard that we want it built to.

00:59:27.120 --> 00:59:31.840
 So I feel like the developments, the development agreement itself, when we negotiate those

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.

00:59:38.080 --> 00:59:42.680
 Because again, I mean, ideally we want to minimize any impact to the residents within

00:59:42.680 --> 00:59:46.320
 the mud development, but most importantly, we're concerned about minimizing any financial

00:59:46.320 --> 00:59:49.160
 implications associated with the city of Denton in the long term.

00:59:49.160 --> 00:59:53.520
 Yeah, no, I appreciate that.

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

01:00:00.920 --> 01:00:06.760
 optimized for the type of city that we want to see in and around our residents.

01:00:06.760 --> 01:00:08.760
 And I think that's a different conversation.

01:00:08.760 --> 01:00:12.880
 That's a definite different conversation, not part of what we're discussing.

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.

01:00:18.280 --> 01:00:20.840
 I understand that.

01:00:20.840 --> 01:00:21.840
 I think that's it.

01:00:21.840 --> 01:00:22.840
 Thank you.

01:00:22.840 --> 01:00:23.840
 You're welcome.

01:00:23.840 --> 01:00:24.840
 Thank you.

01:00:24.840 --> 01:00:27.840
 Anybody else?

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

01:00:32.520 --> 01:00:33.520
 revision.

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

01:00:39.600 --> 01:00:40.880
 this through council?

01:00:40.880 --> 01:00:45.080
 The intention is that we'll continue to take this through council, however, if along the

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

01:00:49.000 --> 01:00:50.000
 that to you.

01:00:50.000 --> 01:00:51.000
 Or even just kind of as you--

01:00:51.000 --> 01:00:52.000
 As an informative item.

01:00:52.000 --> 01:00:53.000
 Yeah, like this again.

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

01:00:58.520 --> 01:01:02.120
 you to do just so we kind of are all on the same page with that.

01:01:02.120 --> 01:01:03.120
 That would be great.

01:01:03.120 --> 01:01:06.040
 Just another update down the road as you're drafting.

01:01:06.040 --> 01:01:07.040
 Absolutely.

01:01:07.040 --> 01:01:11.120
 I think, absolutely, I'm happy to do that because you're right, especially with these

01:01:11.120 --> 01:01:15.560
 developments being within ETJ1, then you could potentially be seeing some of the plots come

01:01:15.560 --> 01:01:16.560
 through for that.

01:01:16.560 --> 01:01:17.560
 Yeah.

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

01:01:21.360 --> 01:01:25.160
 you to consider consent on, yeah, it's important.

01:01:25.160 --> 01:01:26.160
 Thank you.

01:01:26.160 --> 01:01:27.160
 You're welcome.

01:01:27.160 --> 01:01:28.160
 Okay.

01:01:28.160 --> 01:01:33.480
 Everyone, we were going to move on with our clarification of agenda items.

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

01:01:39.960 --> 01:01:40.960
 work session?

01:01:40.960 --> 01:01:41.960
 Okay.

01:01:41.960 --> 01:01:45.680
 Let's break work session at 6.05 PM.

01:01:45.680 --> 01:01:55.860
 We'll reconvene here as soon as you've got your plates and we'll continue.

01:01:55.860 --> 01:01:56.860
 Thank you.

01:01:56.860 --> 01:02:01.200
 And I'm going to call our work session back to order at 6.11 PM.

01:02:01.200 --> 01:02:06.720
 We will continue with our work session agenda, which is clarification of agenda on our meeting

01:02:06.720 --> 01:02:07.720
 tonight.

01:02:07.720 --> 01:02:10.200
 First thing would be minutes.

01:02:10.200 --> 01:02:16.960
 Are there any need for any discussion on minutes here at the work session?

01:02:16.960 --> 01:02:18.480
 Okay.

01:02:18.480 --> 01:02:21.560
 Then items for individual consideration, 3A, PP220012.

01:02:21.560 --> 01:02:22.560
 Hello.

01:02:22.560 --> 01:02:23.560
 Good evening.

01:02:23.560 --> 01:02:24.560
 Is it Ashley?

01:02:24.560 --> 01:02:25.560
 Yes, it is Ashley.

01:02:25.560 --> 01:02:26.560
 Hello, Ashley.

01:02:26.560 --> 01:02:27.560
 Hello.

01:02:27.560 --> 01:02:39.880
 Assistant Planner, City of Denton.

01:02:39.880 --> 01:02:46.280
 This is PP220012, and this is a preliminary platform industrial use at the intersection

01:02:46.280 --> 01:02:49.200
 of Moss Branch Road and Jim Crystal Road.

01:02:49.200 --> 01:02:51.360
 And at this time staff is recommending denial.

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

01:02:54.160 --> 01:02:57.600
 objection to the requested extension until June 22nd.

01:02:57.600 --> 01:02:58.600
 Excellent.

01:02:58.600 --> 01:02:59.600
 Any questions for Ashley?

01:02:59.600 --> 01:03:00.600
 Thank you.

01:03:00.600 --> 01:03:01.600
 Thank you.

01:03:01.600 --> 01:03:02.600
 Okay.

01:03:02.600 --> 01:03:12.360
 That'll take us to 3B, PP22008.

01:03:12.360 --> 01:03:13.360
 Lisa's making her way up.

01:03:13.360 --> 01:03:14.360
 Hi, Lisa.

01:03:14.360 --> 01:03:15.360
 Hi.

01:03:15.360 --> 01:03:16.360
 Good evening, everybody.

01:03:16.360 --> 01:03:19.880
 Lisa Payne, Principal Planner, City of Denton.

01:03:19.880 --> 01:03:22.880
 This is a preliminary platform Millennium Crest.

01:03:22.880 --> 01:03:24.600
 It's a proposed multifamily use.

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

01:03:29.680 --> 01:03:33.240
 for approval, so staff recommends denial.

01:03:33.240 --> 01:03:39.560
 This one, two weeks ago, an appeal of administrative decision was submitted regarding the approval

01:03:39.560 --> 01:03:43.480
 of the Millennium Crest Zoning Compliance Plan.

01:03:43.480 --> 01:03:48.060
 The Denton Development Code and the Texas Local Government Code state that an appeal

01:03:48.060 --> 01:03:54.040
 stays all related proceedings from further action unless it would create adverse impacts.

01:03:54.040 --> 01:04:00.080
 However, that conflicts with the Shot Clock Law that requires the automatic approval of

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

01:04:05.760 --> 01:04:08.360
 has been requested.

01:04:08.360 --> 01:04:12.120
 Because the plot was already under review when the appeal was submitted, best practice

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

01:04:17.280 --> 01:04:18.280
 approval.

01:04:18.280 --> 01:04:21.760
 So, once again, staff recommends denial, and I'm available for questions.

01:04:21.760 --> 01:04:22.760
 Thank you.

01:04:22.760 --> 01:04:26.780
 Lisa, is that set for ZBA yet?

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

01:04:31.960 --> 01:04:32.960
 get a quorum.

01:04:32.960 --> 01:04:34.200
 We just need to confirm.

01:04:34.200 --> 01:04:35.200
 Got it.

01:04:35.200 --> 01:04:36.200
 Okay.

01:04:36.200 --> 01:04:37.200
 Any questions on that?

01:04:37.200 --> 01:04:38.200
 Okay.

01:04:38.200 --> 01:04:39.200
 Thank you.

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.

01:04:50.640 --> 01:04:51.640
 Hi, Julie.

01:04:51.640 --> 01:04:52.640
 Yes, you did.

01:04:52.640 --> 01:04:54.480
 I'm Julie Wyatt, Senior Planner with the City of Denton.

01:04:54.480 --> 01:04:57.720
 You did receive an email from us today.

01:04:57.720 --> 01:05:02.600
 This is a final plot for Unit 26 of Robeson Ranch.

01:05:02.600 --> 01:05:04.120
 It's single-family residential.

01:05:04.120 --> 01:05:07.960
 It's consistent with the plan development as well as the preliminary plot.

01:05:07.960 --> 01:05:10.800
 They had a couple of corrections they needed to make to the plot.

01:05:10.800 --> 01:05:16.220
 However, they have made them, and so staff is now recommending approval, which is a change

01:05:16.220 --> 01:05:20.040
 of our recommendation from the original agenda posting.

01:05:20.040 --> 01:05:23.000
 I'll be happy to answer any questions.

01:05:23.000 --> 01:05:24.000
 Thank you, Julie.

01:05:24.000 --> 01:05:25.000
 Any questions?

01:05:25.000 --> 01:05:26.000
 Commissioner Cole.

01:05:26.000 --> 01:05:27.000
 Hi, Julie.

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,

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.

01:05:40.720 --> 01:05:41.760
 Is that us?

01:05:41.760 --> 01:05:43.960
 I don't believe so, but I will check.

01:05:43.960 --> 01:05:44.960
 Would you please?

01:05:44.960 --> 01:05:45.960
 Yes, sir.

01:05:45.960 --> 01:05:46.960
 Absolutely.

01:05:46.960 --> 01:05:47.960
 Thank you so much.

01:05:47.960 --> 01:05:48.960
 Any other questions?

01:05:48.960 --> 01:05:52.120
 Any other questions for Julie?

01:05:52.120 --> 01:05:54.840
 I do not see any.

01:05:54.840 --> 01:05:59.100
 I think you're staying right up here for 3D, FP220013.

01:05:59.100 --> 01:06:03.480
 Julie Wyatt, Senior Planner.

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

01:06:10.640 --> 01:06:12.040
 development.

01:06:12.040 --> 01:06:16.720
 Staff does recommend approval of the request as it meets all of our criteria for approval.

01:06:16.720 --> 01:06:22.700
 Questions on this one?

01:06:22.700 --> 01:06:30.820
 That will take us then to 3E, PP220011, those remaining.

01:06:30.820 --> 01:06:36.000
 This is a preliminary plat for the Woodrow multifamily addition.

01:06:36.000 --> 01:06:38.280
 It's at the intersection, or I'm sorry.

01:06:38.280 --> 01:06:44.180
 It's south of the intersection of Woodrow and McKinney on the east side of Woodrow.

01:06:44.180 --> 01:06:45.440
 It is a preliminary plat.

01:06:45.440 --> 01:06:46.540
 This might look familiar.

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.

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,

01:06:58.240 --> 01:07:01.860
 on the preliminary plat, and so staff recommends denial.

01:07:01.860 --> 01:07:07.360
 They have requested an extension, and staff has no objection to the extension to the June

01:07:07.360 --> 01:07:10.280
 22nd meeting.

01:07:10.280 --> 01:07:12.240
 Questions?

01:07:12.240 --> 01:07:13.240
 Commissioner McDade.

01:07:13.240 --> 01:07:14.240
 Thank you, Chair.

01:07:14.240 --> 01:07:18.240
 You said there was something else on the agenda other than this?

01:07:18.240 --> 01:07:19.240
 Yes, sir.

01:07:19.240 --> 01:07:20.240
 It's the next item on.

01:07:20.240 --> 01:07:21.240
 Okay, okay.

01:07:21.240 --> 01:07:22.240
 Yes, sir.

01:07:22.240 --> 01:07:23.240
 All right.

01:07:23.240 --> 01:07:24.240
 I just want to make sure I heard you correctly.

01:07:24.240 --> 01:07:25.240
 Yes, sir.

01:07:25.240 --> 01:07:26.240
 All right.

01:07:26.240 --> 01:07:27.240
 Okay.

01:07:27.240 --> 01:07:28.240
 Thank you, Julie.

01:07:28.240 --> 01:07:29.240
 Thank you.

01:07:29.240 --> 01:07:33.240
 Taking us to then 3F, S220002.

01:07:33.240 --> 01:07:40.240
 Julie, it is your show this evening.

01:07:40.240 --> 01:07:41.240
 All right.

01:07:41.240 --> 01:07:42.240
 Julie Wyatt, senior planner.

01:07:42.240 --> 01:07:48.240
 This is S220002C, pathway on Woodrow.

01:07:48.240 --> 01:07:51.280
 I just have a couple of slides just to talk about.

01:07:51.280 --> 01:07:53.920
 So in summary, you might remember this project.

01:07:53.920 --> 01:07:57.320
 It did come before you on the May 11th meeting.

01:07:57.320 --> 01:08:03.700
 It was for a specific use permit for 285 dwelling units in the suburban corridor district.

01:08:03.700 --> 01:08:08.360
 That item was presented to the Planning and Zoning Commission for a recommendation.

01:08:08.360 --> 01:08:11.420
 PNZ did recommend denial of that request.

01:08:11.420 --> 01:08:18.520
 Staff recommended approval as it was consistent with the comprehensive plan.

01:08:18.520 --> 01:08:23.080
 So tonight coming before you is actually a reconsideration of that.

01:08:23.080 --> 01:08:25.760
 So the Code of Ordinances does speak to that.

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

01:08:31.880 --> 01:08:33.320
 at the next meeting.

01:08:33.320 --> 01:08:35.440
 So that would be tonight's meeting.

01:08:35.440 --> 01:08:39.420
 The motion can be seconded by any member.

01:08:39.420 --> 01:08:44.240
 One of the commissioners did request that the item be placed on tonight's agenda for

01:08:44.240 --> 01:08:49.000
 that discussion among members in a motion.

01:08:49.000 --> 01:08:55.720
 If the motion to reconsider carries, then a new public hearing would have to go forward

01:08:55.720 --> 01:08:57.760
 along with public notification.

01:08:57.760 --> 01:09:04.640
 The earliest meeting that it could go back before you would be the June 22nd meeting.

01:09:04.640 --> 01:09:11.000
 And then should the motion to reconsider fail, the original motion of denial would stand

01:09:11.000 --> 01:09:13.800
 or recommendation of denial would stand.

01:09:13.800 --> 01:09:19.720
 And then that would require a super majority at City Council.

01:09:19.720 --> 01:09:22.720
 So with that, I'll be happy to answer any questions.

01:09:22.720 --> 01:09:24.040
 >> Thanks, Julie.

01:09:24.040 --> 01:09:26.720
 And then let me just kind of reiterate.

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

01:09:33.560 --> 01:09:34.560
 reconsideration.

01:09:34.560 --> 01:09:37.720
 So we're not hearing the project again tonight.

01:09:37.720 --> 01:09:40.840
 That's not even what we're discussing on 3F.

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

01:09:47.720 --> 01:09:52.320
 June 22nd for reconsideration of the request.

01:09:52.320 --> 01:09:54.120
 So questions on that.

01:09:54.120 --> 01:09:55.120
 Commissioner Smith.

01:09:55.120 --> 01:09:56.120
 >> Thank you, Chair.

01:09:56.120 --> 01:09:59.120
 How does the preliminary plat interact with this SUP?

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

01:10:03.200 --> 01:10:04.960
 the item before this?

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

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

01:10:15.760 --> 01:10:21.240
 presented in that one, asking for either denial or recommendation for 30-day postponement

01:10:21.240 --> 01:10:23.040
 to June 22nd.

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?

01:10:29.240 --> 01:10:31.000
 How are these interacting together?

01:10:31.000 --> 01:10:36.000
 >> So the preliminary plat, it does the lot size does meet the minimum dimensional standards

01:10:36.000 --> 01:10:37.240
 for the zoning district.

01:10:37.240 --> 01:10:40.640
 So it's consistent with that suburban corridor district.

01:10:40.640 --> 01:10:42.960
 It wouldn't necessarily approve that project.

01:10:42.960 --> 01:10:46.760
 That would have to come through that specific use permit process.

01:10:46.760 --> 01:10:47.760
 >> Right.

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,

01:10:53.680 --> 01:10:54.680
 correct?

01:10:54.680 --> 01:10:55.680
 >> Got it.

01:10:55.680 --> 01:10:56.680
 Okay.

01:10:56.680 --> 01:10:57.680
 >> Meaning?

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

01:11:02.560 --> 01:11:03.560
 project.

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

01:11:08.920 --> 01:11:09.920
 at the county.

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

01:11:15.600 --> 01:11:18.080
 be able to accommodate any subsequent development.

01:11:18.080 --> 01:11:22.800
 So it's whether, you know, it's a different multifamily request that gets approved for

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

01:11:25.640 --> 01:11:29.960
 a commercial development, whatever transpires, then we will have a subsequent plat come through.

01:11:29.960 --> 01:11:33.440
 But that's a great question because we had that discussion internally also and that's

01:11:33.440 --> 01:11:34.440
 why we noticed.

01:11:34.440 --> 01:11:36.560
 >> Yeah, because it puts us in a weird position.

01:11:36.560 --> 01:11:37.560
 >> Right.

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

01:11:42.520 --> 01:11:48.960
 us on the 22nd, it's an odd kind of place to be.

01:11:48.960 --> 01:11:49.960
 >> Right.

01:11:49.960 --> 01:11:51.960
 >> And if I saw before the -- sorry.

01:11:51.960 --> 01:11:52.960
 >> Yes.

01:11:52.960 --> 01:11:53.960
 >> If I do.

01:11:53.960 --> 01:11:54.960
 Am I good?

01:11:54.960 --> 01:11:55.960
 Okay.

01:11:55.960 --> 01:11:56.960
 Cool.

01:11:56.960 --> 01:12:02.360
 The -- obviously, the -- this vote on the preliminary plat piece of it is all being

01:12:02.360 --> 01:12:04.240
 forced by the shot clock rule.

01:12:04.240 --> 01:12:06.720
 So understand that piece.

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

01:12:09.560 --> 01:12:14.080
 was the way that it's being listed on the agenda and flipping those items.

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

01:12:19.120 --> 01:12:23.720
 some point tonight, then does even considering the preliminary plat at that time, does it

01:12:23.720 --> 01:12:24.720
 still make sense?

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,

01:12:29.160 --> 01:12:30.160
 we didn't even reconsider it.

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.

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

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

01:12:41.000 --> 01:12:45.280
 at council it gets overruled by a supermajority and gets approved, then that preliminary process

01:12:45.280 --> 01:12:46.280
 is already in there.

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

01:12:51.920 --> 01:12:53.480
 through on the agenda.

01:12:53.480 --> 01:12:59.720
 So what we would do is, depending upon how the SUP reconsideration plays out this evening,

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

01:13:03.120 --> 01:13:04.120
 the scheduling.

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

01:13:10.240 --> 01:13:14.520
 how the plat is scheduled with respect to any future zoning action associated with that,

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

01:13:18.960 --> 01:13:21.400
 if they end up on the same agenda.

01:13:21.400 --> 01:13:22.400
 But we'll work through that.

01:13:22.400 --> 01:13:27.720
 So right now, tonight, the main objective was that the applicant is requesting a 30-day

01:13:27.720 --> 01:13:30.040
 extension on the plat, so I think we're good from that standpoint.

01:13:30.040 --> 01:13:31.040
 Yeah, we do have to take action on it.

01:13:31.040 --> 01:13:34.240
 But we'll definitely be sensitive to that when we come back with the plat.

01:13:34.240 --> 01:13:35.240
 Okay.

01:13:35.240 --> 01:13:36.240
 Thank you.

01:13:36.240 --> 01:13:37.240
 You're welcome.

01:13:37.240 --> 01:13:40.800
 Any other questions with regard to Commissioner Pruitt?

01:13:40.800 --> 01:13:48.640
 That's what happens when you try to push the button with a wet finger.

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

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

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

01:14:09.580 --> 01:14:15.760
 an area of 11.891 acres, and the plat that we're delaying is 13.868.

01:14:15.760 --> 01:14:17.480
 Can you help me understand that discrepancy?

01:14:17.480 --> 01:14:19.300
 I had that same question.

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,

01:14:27.160 --> 01:14:30.040
 and I made sure that it all worked out, so yes.

01:14:30.040 --> 01:14:31.040
 Got it.

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

01:14:37.160 --> 01:14:39.160
 it's platted because of the dedication.

01:14:39.160 --> 01:14:40.160
 Yes, sir.

01:14:40.160 --> 01:14:41.160
 Thank you.

01:14:41.160 --> 01:14:46.200
 Any other questions on the reconsideration item?

01:14:46.200 --> 01:14:48.200
 Okay.

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

01:14:55.300 --> 01:15:04.840
 chambers for our regular meeting shortly.

01:15:04.840 --> 01:15:07.760
 Good evening, and welcome to the City of Denton's Planning and Zoning Commission meeting for

01:15:07.760 --> 01:15:11.060
 Wednesday, May 25th, 2022.

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

01:15:16.120 --> 01:15:22.080
 that Commissioner Villarreal is joining us via Zoom, so we will be doing roll call votes

01:15:22.080 --> 01:15:24.220
 this evening.

01:15:24.220 --> 01:15:29.340
 First item of business is the Pledge of Allegiance to the U.S. and Texas flags.

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

01:15:37.560 --> 01:15:45.600
 which it stands, one nation under God, indivisible, with liberty and justice for all.

01:15:45.600 --> 01:15:56.520
 I pledge allegiance to the Texas, one state, under God, one, indivisible.

01:15:56.520 --> 01:15:57.520
 Thank you.

01:15:57.520 --> 01:16:03.960
 Next item on our agenda is the consideration for approval of the minutes for May 11th.

01:16:03.960 --> 01:16:07.560
 Commissioner Cole.

01:16:07.560 --> 01:16:09.840
 We've got a first to approve, Commissioner Anderson.

01:16:09.840 --> 01:16:10.840
 Second.

01:16:10.840 --> 01:16:14.660
 We've got a first and a second to approve the minutes for May 11th.

01:16:14.660 --> 01:16:16.760
 Any discussion?

01:16:16.760 --> 01:16:17.760
 All right.

01:16:17.760 --> 01:16:20.260
 Let's take a vote via roll call.

01:16:20.260 --> 01:16:21.260
 Commissioner Cole.

01:16:21.260 --> 01:16:22.260
 Aye.

01:16:22.260 --> 01:16:23.260
 Commissioner Anderson.

01:16:23.260 --> 01:16:24.260
 Aye.

01:16:24.260 --> 01:16:25.260
 Commissioner McDade.

01:16:25.260 --> 01:16:26.260
 Aye.

01:16:26.260 --> 01:16:27.260
 Commissioner Smith.

01:16:27.260 --> 01:16:28.260
 Aye.

01:16:28.260 --> 01:16:29.260
 Commissioner Pruitt.

01:16:29.260 --> 01:16:30.260
 Aye.

01:16:30.260 --> 01:16:31.260
 Commissioner Villarreal.

01:16:31.260 --> 01:16:32.260
 Aye.

01:16:32.260 --> 01:16:33.260
 And the Chair is an aye.

01:16:33.260 --> 01:16:35.160
 That motion carries 7-0.

01:16:35.160 --> 01:16:38.680
 That takes us to our items for individual consideration this evening.

01:16:38.680 --> 01:16:43.520
 3A is PP220012.

01:16:43.520 --> 01:16:46.360
 I'll invite Ashley up for presentation.

01:16:46.360 --> 01:16:47.360
 Hi, Ashley.

01:16:47.360 --> 01:16:48.360
 Hello.

01:16:48.360 --> 01:16:49.520
 Good evening.

01:16:49.520 --> 01:17:02.120
 Ashley Hickock, Assistant Planner, City of Denton.

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

01:17:08.640 --> 01:17:11.280
 of Mosh Branch Road and Jim Crystal Road.

01:17:11.280 --> 01:17:15.360
 At this time, staff has recommended denials, it does not meet all the criteria for approval,

01:17:15.360 --> 01:17:20.280
 but they have requested an extension and staff has no objection to the requested extension

01:17:20.280 --> 01:17:22.400
 on June 22nd.

01:17:22.400 --> 01:17:23.400
 Happy to answer any questions.

01:17:23.400 --> 01:17:24.400
 Thanks, Ashley.

01:17:24.400 --> 01:17:25.400
 Any questions for Ashley?

01:17:25.400 --> 01:17:29.460
 I do not see any.

01:17:29.460 --> 01:17:30.460
 Thank you.

01:17:30.460 --> 01:17:31.460
 Commissioner Smith.

01:17:31.460 --> 01:17:35.320
 I make a motion to approve an extension of date certain of June 22nd, 2022.

01:17:35.320 --> 01:17:36.320
 Thank you.

01:17:36.320 --> 01:17:37.320
 Commissioner Pruitt.

01:17:37.320 --> 01:17:38.320
 Second.

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.

01:17:42.600 --> 01:17:44.080
 Any discussion?

01:17:44.080 --> 01:17:45.240
 Okay.

01:17:45.240 --> 01:17:47.400
 We will take a vote via roll call.

01:17:47.400 --> 01:17:48.400
 Commissioner Cole.

01:17:48.400 --> 01:17:49.400
 Aye.

01:17:49.400 --> 01:17:50.400
 Commissioner Anderson.

01:17:50.400 --> 01:17:51.400
 Aye.

01:17:51.400 --> 01:17:52.400
 Commissioner McDade.

01:17:52.400 --> 01:17:53.400
 Aye.

01:17:53.400 --> 01:17:54.400
 Commissioner Smith.

01:17:54.400 --> 01:17:55.400
 Aye.

01:17:55.400 --> 01:17:56.400
 Commissioner Pruitt.

01:17:56.400 --> 01:17:57.400
 Aye.

01:17:57.400 --> 01:17:58.400
 Commissioner Villarreal.

01:17:58.400 --> 01:17:59.400
 Aye.

01:17:59.400 --> 01:18:01.200
 Chair is also an aye.

01:18:01.200 --> 01:18:03.080
 That motion carries 7-0.

01:18:03.080 --> 01:18:08.560
 That will take us to 3B, P-2-2-0-0-8.

01:18:08.560 --> 01:18:11.560
 Hi, Lisa.

01:18:11.560 --> 01:18:12.560
 Hi, there.

01:18:12.560 --> 01:18:13.560
 Do I just go over there?

01:18:13.560 --> 01:18:14.560
 Hopefully that worked.

01:18:14.560 --> 01:18:15.560
 All right.

01:18:15.560 --> 01:18:16.560
 Good evening.

01:18:16.560 --> 01:18:20.240
 Lisa Payne, principal planner for the City of Denton.

01:18:20.240 --> 01:18:25.640
 This is a preliminary plat for Millennium Crest for a proposed multifamily use.

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

01:18:31.480 --> 01:18:35.280
 for approval and so staff recommends denial.

01:18:35.280 --> 01:18:40.120
 Two weeks ago, an appeal for administrative decision was submitted regarding the approval

01:18:40.120 --> 01:18:42.960
 of the Millennium Crest zoning compliance plan.

01:18:42.960 --> 01:18:48.200
 The Denton development code and the Texas local government code both state that an appeal

01:18:48.200 --> 01:18:54.320
 stays all related proceedings from further action until unless it would create adverse

01:18:54.320 --> 01:18:55.320
 impacts.

01:18:55.320 --> 01:19:02.000
 However, there's conflicts with the shot clock law that requires the automatic approval.

01:19:02.000 --> 01:19:05.000
 It's not sharing.

01:19:05.000 --> 01:19:06.000
 Oh.

01:19:06.000 --> 01:19:07.000
 I didn't do the right thing.

01:19:07.000 --> 01:19:08.000
 Sorry.

01:19:08.000 --> 01:19:09.000
 Oh, hang on.

01:19:09.000 --> 01:19:10.000
 Which one is it?

01:19:10.000 --> 01:19:11.000
 Yes.

01:19:11.000 --> 01:19:12.000
 There you go.

01:19:12.000 --> 01:19:13.000
 Thanks.

01:19:13.000 --> 01:19:33.120
 Anyway, that conflicts with the shot clock law that requires the automatic approval of

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

01:19:38.880 --> 01:19:39.880
 approved.

01:19:39.880 --> 01:19:43.840
 If that was already under review when the appeal was submitted, it would be best practice

01:19:43.840 --> 01:19:49.120
 to take action tonight on the plat so that lack of action does not require automatic

01:19:49.120 --> 01:19:50.120
 approval.

01:19:50.120 --> 01:19:53.360
 Again, staff recommends denial and I'm available for questions.

01:19:53.360 --> 01:19:55.320
 Thank you, Lisa.

01:19:55.320 --> 01:20:00.080
 And when did you say it's hopeful that the appeals heard at ZBA?

01:20:00.080 --> 01:20:03.080
 It's expected to go to ZBA on June 27th.

01:20:03.080 --> 01:20:04.080
 Okay.

01:20:04.080 --> 01:20:05.080
 Thank you.

01:20:05.080 --> 01:20:06.080
 Any questions?

01:20:06.080 --> 01:20:11.600
 Thank you.

01:20:11.600 --> 01:20:12.600
 Commissioner Smith.

01:20:12.600 --> 01:20:15.160
 Make a motion to deny.

01:20:15.160 --> 01:20:16.160
 Commissioner Cole.

01:20:16.160 --> 01:20:17.160
 Second.

01:20:17.160 --> 01:20:21.440
 We've got a first and a second for denial.

01:20:21.440 --> 01:20:24.440
 Any questions?

01:20:24.440 --> 01:20:25.440
 Discussion?

01:20:25.440 --> 01:20:26.440
 Okay.

01:20:26.440 --> 01:20:28.960
 Well, we'll take a vote via roll call.

01:20:28.960 --> 01:20:29.960
 Commissioner Cole.

01:20:29.960 --> 01:20:30.960
 Aye.

01:20:30.960 --> 01:20:31.960
 Commissioner Anderson.

01:20:31.960 --> 01:20:32.960
 Aye.

01:20:32.960 --> 01:20:33.960
 Commissioner McDade.

01:20:33.960 --> 01:20:34.960
 Aye.

01:20:34.960 --> 01:20:35.960
 Commissioner Smith.

01:20:35.960 --> 01:20:36.960
 Aye.

01:20:36.960 --> 01:20:37.960
 Commissioner Dade.

01:20:37.960 --> 01:20:38.960
 Aye.

01:20:38.960 --> 01:20:39.960
 Commissioner Pruitt.

01:20:39.960 --> 01:20:40.960
 Aye.

01:20:40.960 --> 01:20:41.960
 Commissioner Villarreal.

01:20:41.960 --> 01:20:42.960
 Aye.

01:20:42.960 --> 01:20:43.960
 Chair is an aye.

01:20:43.960 --> 01:20:45.920
 That motion carries 7-0.

01:20:45.920 --> 01:20:48.240
 That will take us to 3-C, FP 220012.

01:20:48.240 --> 01:20:52.560
 I'll invite Julie Wyatt up to the podium.

01:20:52.560 --> 01:20:53.560
 Hi, Julie.

01:20:53.560 --> 01:20:54.560
 Good evening.

01:20:54.560 --> 01:20:55.560
 All right.

01:20:55.560 --> 01:20:56.560
 Good evening.

01:20:56.560 --> 01:21:04.200
 Julie Wyatt, excuse me, senior planner with the city.

01:21:04.200 --> 01:21:08.320
 I am presenting FP 22-0012A.

01:21:08.320 --> 01:21:13.320
 This is for a unit within the Robeson Ranch plan development.

01:21:13.320 --> 01:21:19.680
 The proposed final plat is for single family residential which is consistent with the plan

01:21:19.680 --> 01:21:23.200
 development and the preliminary plat.

01:21:23.200 --> 01:21:27.680
 Staff's original recommendation was for denial, however, they've worked through the last remaining

01:21:27.680 --> 01:21:31.960
 outstanding issues and so our recommendation has changed to approval.

01:21:31.960 --> 01:21:34.880
 I'll be happy to answer any questions.

01:21:34.880 --> 01:21:36.040
 Thanks, Julie.

01:21:36.040 --> 01:21:40.600
 Questions for Julie?

01:21:40.600 --> 01:21:41.600
 Commissioner Smith.

01:21:41.600 --> 01:21:43.120
 Make a motion to approve.

01:21:43.120 --> 01:21:44.120
 Commissioner Anderson.

01:21:44.120 --> 01:21:45.120
 Second.

01:21:45.120 --> 01:21:48.080
 We've got a first and a second for approval.

01:21:48.080 --> 01:21:51.080
 Questions, discussion?

01:21:51.080 --> 01:21:52.080
 Okay.

01:21:52.080 --> 01:21:53.360
 Seeing none, let's vote via roll call.

01:21:53.360 --> 01:21:54.360
 Commissioner Cole.

01:21:54.360 --> 01:21:55.360
 Aye.

01:21:55.360 --> 01:21:56.360
 Commissioner Anderson.

01:21:56.360 --> 01:21:57.360
 Aye.

01:21:57.360 --> 01:21:58.360
 Commissioner McDade.

01:21:58.360 --> 01:21:59.360
 Aye.

01:21:59.360 --> 01:22:00.360
 Commissioner Smith.

01:22:00.360 --> 01:22:01.360
 Aye.

01:22:01.360 --> 01:22:02.360
 Commissioner Haynes.

01:22:02.360 --> 01:22:03.360
 Aye.

01:22:03.360 --> 01:22:04.360
 Commissioner Stewart.

01:22:04.360 --> 01:22:05.360
 Aye.

01:22:05.360 --> 01:22:06.360
 Commissioner Villarreal.

01:22:06.360 --> 01:22:07.360
 Aye.

01:22:07.360 --> 01:22:08.360
 Chair is an aye.

01:22:08.360 --> 01:22:09.860
 That motion carries 7-0.

01:22:09.860 --> 01:22:18.880
 Taking us to 3D, FP 22-0013.

01:22:18.880 --> 01:22:22.880
 Okay.

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,

01:22:35.560 --> 01:22:39.760
 and I am presenting, we're staying in the Robeson Ranch development.

01:22:39.760 --> 01:22:44.920
 This is for a section of the Ed Robeson Boulevard roadway.

01:22:44.920 --> 01:22:47.800
 They have a preliminary plat that's approved.

01:22:47.800 --> 01:22:51.360
 They have worked through all the remaining issues for the final plat and so staff recommends

01:22:51.360 --> 01:22:54.280
 approval of the final plat and I'll be happy to answer any questions.

01:22:54.280 --> 01:22:55.280
 Thanks, Julie.

01:22:55.280 --> 01:22:56.280
 Any questions for Julie?

01:22:56.280 --> 01:22:57.280
 Okay.

01:22:57.280 --> 01:23:00.280
 I don't see any thanks, Julie.

01:23:00.280 --> 01:23:01.280
 Thank you.

01:23:01.280 --> 01:23:02.280
 Commissioner Anderson.

01:23:02.280 --> 01:23:03.280
 Make a motion to approve.

01:23:03.280 --> 01:23:04.280
 Commissioner Smith.

01:23:04.280 --> 01:23:05.280
 Aye.

01:23:05.280 --> 01:23:06.280
 Second.

01:23:06.280 --> 01:23:08.760
 Got a first and a second for approval.

01:23:08.760 --> 01:23:09.760
 Any discussion?

01:23:09.760 --> 01:23:10.760
 Okay.

01:23:10.760 --> 01:23:13.540
 Let's vote via roll call.

01:23:13.540 --> 01:23:14.540
 Commissioner Cole.

01:23:14.540 --> 01:23:15.540
 Aye.

01:23:15.540 --> 01:23:16.540
 Commissioner Anderson.

01:23:16.540 --> 01:23:17.540
 Aye.

01:23:17.540 --> 01:23:18.540
 Commissioner McDade.

01:23:18.540 --> 01:23:19.540
 Aye.

01:23:19.540 --> 01:23:20.540
 Commissioner Smith.

01:23:20.540 --> 01:23:21.540
 Aye.

01:23:21.540 --> 01:23:22.540
 Commissioner Villarreal.

01:23:22.540 --> 01:23:23.540
 Aye.

01:23:23.540 --> 01:23:26.540
 Chair is also an aye.

01:23:26.540 --> 01:23:28.420
 That motion carries 7-0.

01:23:28.420 --> 01:23:33.920
 That will take us to 3E, PP220011.

01:23:33.920 --> 01:23:34.920
 Hello again, Julie.

01:23:34.920 --> 01:23:35.920
 Hello.

01:23:35.920 --> 01:23:36.920
 Okay.

01:23:36.920 --> 01:23:39.920
 I'm going to try this one.

01:23:39.920 --> 01:23:40.920
 Okay.

01:23:40.920 --> 01:23:41.920
 All right.

01:23:41.920 --> 01:23:42.920
 Okay.

01:23:42.920 --> 01:23:43.920
 Julie Wyatt, Senior Planner.

01:23:43.920 --> 01:23:46.720
 This is PP22-0011.

01:23:46.720 --> 01:23:52.000
 This is a preliminary plat for the Woodrow Multifamily Edition.

01:23:52.000 --> 01:23:56.920
 The subject property is located south of McKinney on the east side of Woodrow.

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

01:24:01.480 --> 01:24:04.520
 approve the preliminary plat, so staff does recommend denial.

01:24:04.520 --> 01:24:09.640
 They have requested an extension to the June 22nd meeting and staff has no objection to

01:24:09.640 --> 01:24:10.880
 that extension request.

01:24:10.880 --> 01:24:13.360
 I'll be happy to answer any questions.

01:24:13.360 --> 01:24:14.360
 Thank you, Julie.

01:24:14.360 --> 01:24:20.040
 Are there any questions for Julie on this item?

01:24:20.040 --> 01:24:21.040
 I don't see any.

01:24:21.040 --> 01:24:22.040
 Thanks, Julie.

01:24:22.040 --> 01:24:23.040
 Thank you.

01:24:23.040 --> 01:24:24.040
 Commissioner Pruitt.

01:24:24.040 --> 01:24:27.940
 I move to approve an extension to the date certain of June 22nd.

01:24:27.940 --> 01:24:28.940
 Commissioner Cole.

01:24:28.940 --> 01:24:29.940
 Second.

01:24:29.940 --> 01:24:30.940
 All right.

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

01:24:33.720 --> 01:24:35.400
 June 22nd.

01:24:35.400 --> 01:24:36.400
 Any discussion?

01:24:36.400 --> 01:24:37.400
 Okay.

01:24:37.400 --> 01:24:41.120
 Seeing none, let's take a vote via roll call.

01:24:41.120 --> 01:24:44.760
 Commissioner Cole.

01:24:44.760 --> 01:24:45.760
 Aye.

01:24:45.760 --> 01:24:46.760
 Commissioner Anderson.

01:24:46.760 --> 01:24:47.760
 Aye.

01:24:47.760 --> 01:24:48.760
 Commissioner McDade.

01:24:48.760 --> 01:24:49.760
 Aye.

01:24:49.760 --> 01:24:50.760
 Commissioner Smith.

01:24:50.760 --> 01:24:51.760
 Aye.

01:24:51.760 --> 01:24:52.760
 Commissioner Pruitt.

01:24:52.760 --> 01:24:53.760
 Aye.

01:24:53.760 --> 01:24:54.760
 Commissioner Villarreal.

01:24:54.760 --> 01:24:55.760
 Aye.

01:24:55.760 --> 01:24:56.840
 Fan chair is an aye.

01:24:56.840 --> 01:25:04.840
 That motion carries 7-0, taking us to 3F, S22-0002.

01:25:04.840 --> 01:25:17.000
 All right, this is S22-0002, pathway on Woodrow.

01:25:17.000 --> 01:25:18.560
 So this might look familiar to you.

01:25:18.560 --> 01:25:23.920
 It was an item that came before you at the last PNZ meeting on May 11th.

01:25:23.920 --> 01:25:29.240
 It was for a specific use permit for 285 dwelling units within the Suburban Corridor District.

01:25:29.240 --> 01:25:35.480
 Tonight, the request before you is just a reconsideration of your previous recommendation

01:25:35.480 --> 01:25:37.160
 of denial.

01:25:37.160 --> 01:25:43.680
 The subject property is located south of McKinney on the east side of Woodrow Lane.

01:25:43.680 --> 01:25:47.280
 Just to remind you, staff recommended approval of the request.

01:25:47.280 --> 01:25:54.080
 However, the Planning and Zoning Commission recommended denial of their request 4-3.

01:25:54.080 --> 01:25:58.680
 So reconsideration is not something we typically see in the Planning and Zoning Commission.

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

01:26:03.960 --> 01:26:04.960
 of items.

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

01:26:11.920 --> 01:26:12.920
 meeting.

01:26:12.920 --> 01:26:17.520
 Then that motion could be seconded by any member.

01:26:17.520 --> 01:26:22.920
 Commissioner Jason Cole did request that this item be placed on tonight's agenda for that

01:26:22.920 --> 01:26:28.880
 reconsideration vote or motion.

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

01:26:34.920 --> 01:26:37.080
 hearing would have to go forward.

01:26:37.080 --> 01:26:48.520
 The most ... soonest, thank you, soonest Planning and Zoning Commission meeting that it could

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

01:26:55.720 --> 01:26:57.800
 Council after that.

01:26:57.800 --> 01:27:03.280
 Should the motion to reconsider fail, then that original recommendation of denial would

01:27:03.280 --> 01:27:08.640
 stand and a super majority would be required at City Council.

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.

01:27:15.680 --> 01:27:20.000
 Thank you, Julie, and I'll just reiterate what we're doing tonight is voting whether

01:27:20.000 --> 01:27:26.280
 or not to allow reconsideration of the item.

01:27:26.280 --> 01:27:27.520
 Commissioner Cole.

01:27:27.520 --> 01:27:28.520
 Thank you, Chair.

01:27:28.520 --> 01:27:36.600
 Yes, it was me that requested this reconsideration.

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

01:27:47.160 --> 01:27:55.520
 of the opinion that this particular project for that property is the best land use and

01:27:55.520 --> 01:27:59.560
 so I would like to reconsider.

01:27:59.560 --> 01:28:02.520
 Thank you, Commissioner Cole.

01:28:02.520 --> 01:28:03.520
 Commissioner McDade.

01:28:03.520 --> 01:28:08.960
 I'm not going to say I let my emotions get the best of me.

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

01:28:16.720 --> 01:28:23.120
 had the City Council was in attendance, we had Councilman Byrd, Beck and McGee and the

01:28:23.120 --> 01:28:29.960
 mayor was there and we had members of the Denton Housing Authority and we discussed

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

01:28:36.840 --> 01:28:38.400
 in agreement with.

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

01:28:45.680 --> 01:28:50.480
 to being given what they don't want.

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

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

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

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

01:29:14.800 --> 01:29:17.320
 who were there and they let it be known.

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.

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

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

01:29:38.600 --> 01:29:42.260
 didn't want it and we got it anyway.

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

01:29:47.200 --> 01:29:52.600
 heart into Southeast Denton because that's something we don't see from the city.

01:29:52.600 --> 01:29:55.180
 Thank you.

01:29:55.180 --> 01:30:05.800
 Any further discussion or questions for Julie on the ... correct, that's correct, yeah,

01:30:05.800 --> 01:30:10.240
 we are on discussion and questions for staff.

01:30:10.240 --> 01:30:11.240
 Commissioner Pruitt?

01:30:11.240 --> 01:30:12.240
 Thank you, Chair.

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

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

01:30:25.600 --> 01:30:35.640
 to know if there was any discussion about what they would see instead of this.

01:30:35.640 --> 01:30:48.080
 Sorry, what they would like to see as opposed to this proposal, if that makes sense.

01:30:48.080 --> 01:30:51.680
 Was there any discussion of that or not?

01:30:51.680 --> 01:30:59.300
 What the residents of Southeast Denton want is more home ownership and less rental property

01:30:59.300 --> 01:31:07.040
 because they're under the belief that home ownership brings about power.

01:31:07.040 --> 01:31:10.120
 Renters have a voice but they have no power.

01:31:10.120 --> 01:31:16.000
 You have all that property there but for some reason applicants, they will not come over

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

01:31:21.760 --> 01:31:27.920
 rental property, you are decreasing the power that's in that neighborhood.

01:31:27.920 --> 01:31:34.120
 They've noticed that other areas who aren't in district one, when the apartments come

01:31:34.120 --> 01:31:39.520
 and you use the word affordable housing, the first thing that the neighborhood yells is

01:31:39.520 --> 01:31:42.080
 what it brings about crime.

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

01:31:47.840 --> 01:31:52.000
 just say for the sake of argument that it is true.

01:31:52.000 --> 01:31:58.080
 Why would you want to bring more crime into our area?

01:31:58.080 --> 01:32:04.120
 From the Renaissance apartments all the way to outside of loop 288, the McPenny Street

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

01:32:09.640 --> 01:32:10.640
 long.

01:32:10.640 --> 01:32:15.720
 None of all the police calls in Southeast Denton are on that street.

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

01:32:21.120 --> 01:32:25.000
 to build 216 on loop 288?

01:32:25.000 --> 01:32:29.360
 Commissioner McDade, I'm going to interrupt you just to try to stay on topic.

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

01:32:37.920 --> 01:32:41.440
 discussion necessarily on what we had last meeting.

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

01:32:47.440 --> 01:32:50.800
 to making a decision on the reconsideration?

01:32:50.800 --> 01:32:55.720
 I mean, I understand, I was just asking this, answering this question.

01:32:55.720 --> 01:32:58.120
 I appreciate it.

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

01:33:00.800 --> 01:33:01.800
 to add?

01:33:01.800 --> 01:33:02.800
 No.

01:33:02.800 --> 01:33:03.800
 Okay.

01:33:03.800 --> 01:33:04.800
 Okay.

01:33:04.800 --> 01:33:05.800
 Okay.

01:33:05.800 --> 01:33:06.800
 Commissioner Anderson.

01:33:06.800 --> 01:33:10.000
 I make a motion to approve the reconsideration.

01:33:10.000 --> 01:33:11.000
 Okay.

01:33:11.000 --> 01:33:12.000
 Commissioner Cole.

01:33:12.000 --> 01:33:13.000
 Second.

01:33:13.000 --> 01:33:14.000
 Okay.

01:33:14.000 --> 01:33:19.520
 We have a first and a second on the board for reconsideration of the item.

01:33:19.520 --> 01:33:20.520
 Further discussion?

01:33:20.520 --> 01:33:21.520
 Okay.

01:33:21.520 --> 01:33:26.720
 With that, I will call for a vote via roll call.

01:33:26.720 --> 01:33:27.720
 Commissioner Cole.

01:33:27.720 --> 01:33:28.720
 Aye.

01:33:28.720 --> 01:33:29.720
 Commissioner Anderson.

01:33:29.720 --> 01:33:30.720
 Aye.

01:33:30.720 --> 01:33:31.720
 Commissioner McDade.

01:33:31.720 --> 01:33:32.720
 No.

01:33:32.720 --> 01:33:33.720
 Commissioner Smith.

01:33:33.720 --> 01:33:34.720
 Aye.

01:33:34.720 --> 01:33:35.720
 Commissioner Pruitt.

01:33:35.720 --> 01:33:36.720
 Aye.

01:33:36.720 --> 01:33:37.720
 Okay.

01:33:37.720 --> 01:33:38.720
 Commissioner Villarreal.

01:33:38.720 --> 01:33:39.720
 Nay.

01:33:39.720 --> 01:33:40.720
 Okay.

01:33:40.720 --> 01:33:43.280
 And the chair is an aye.

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

01:33:50.520 --> 01:33:53.520
 matrix.

01:33:53.520 --> 01:34:00.360
 And I will give it over to you, Tina.

01:34:00.360 --> 01:34:01.360
 Thank you, Chairman Ellis.

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

01:34:06.440 --> 01:34:13.360
 presentation, we'll bring back that zoning case for reconsideration on June 22nd.

01:34:13.360 --> 01:34:19.200
 So in terms of our matrix, so a couple of things, just update from council.

01:34:19.200 --> 01:34:21.880
 So did the MED presentation that you all received.

01:34:21.880 --> 01:34:24.800
 So we already talked about that earlier this evening.

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

01:34:30.280 --> 01:34:35.960
 on Vision Zero and Vision Zero is an initiative that the city is working on.

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

01:34:41.320 --> 01:34:43.080
 the second phase.

01:34:43.080 --> 01:34:48.680
 But basically the goal associated with Vision Zero is that there were zero fatalities and

01:34:48.680 --> 01:34:56.440
 a reduction in significant injuries that may result from bicyclists and pedestrian and

01:34:56.440 --> 01:34:58.800
 vehicle crashes associated with that.

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

01:35:04.320 --> 01:35:08.520
 me, not this month, but later this year in the fall to talk about some transportation

01:35:08.520 --> 01:35:09.520
 related items.

01:35:09.520 --> 01:35:11.840
 So I'm sure Pre-Tam will address the commission on that.

01:35:11.840 --> 01:35:14.440
 But just want to let you know that that was discussed at council.

01:35:14.440 --> 01:35:19.160
 So if you're interested in Vision Zero, I would encourage you watch the presentation

01:35:19.160 --> 01:35:24.000
 that Pre-Tam did on May 17th at the council meeting.

01:35:24.000 --> 01:35:30.600
 Also we had on the commission's agenda was also this particular zoning case with respect

01:35:30.600 --> 01:35:33.280
 to the Woodrow multifamily that was continued.

01:35:33.280 --> 01:35:35.720
 And so that date will be adjusted as well.

01:35:35.720 --> 01:35:39.200
 It'll still be on the agenda, but it would be continued after the commission considers

01:35:39.200 --> 01:35:42.640
 action as a result of the reconsideration request this evening.

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

01:35:47.080 --> 01:35:48.680
 service and time with us.

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.

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.

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.

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.

01:36:06.520 --> 01:36:07.520
 So we wish her all the best.

01:36:07.520 --> 01:36:08.520
 For sure.

01:36:08.520 --> 01:36:09.520
 And that's all I have.

01:36:09.520 --> 01:36:10.520
 Thank you.

01:36:10.520 --> 01:36:11.520
 Okay.

01:36:11.520 --> 01:36:13.440
 Anything else on the matrix?

01:36:13.440 --> 01:36:14.440
 Commissioner McDade.

01:36:14.440 --> 01:36:15.440
 Oh, thank you, chair.

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,

01:36:21.520 --> 01:36:22.520
 correct?

01:36:22.520 --> 01:36:23.520
 That is correct.

01:36:23.520 --> 01:36:28.840
 And we will send out additional public notices on this since the public hearing or since

01:36:28.840 --> 01:36:31.200
 the planning and zoning commission had taken a previous action.

01:36:31.200 --> 01:36:34.900
 So we'll make sure we re-notice for all those within our notification boundaries.

01:36:34.900 --> 01:36:37.160
 But if you want to help spread the word, please do.

01:36:37.160 --> 01:36:38.160
 Most definitely.

01:36:38.160 --> 01:36:39.160
 All right.

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,

01:36:43.200 --> 01:36:44.200
 right?

01:36:44.200 --> 01:36:45.200
 Okay.

01:36:45.200 --> 01:36:47.720
 Anything else on the matrix?

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

01:36:55.780 --> 01:36:57.600
 were brought up.

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

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

01:37:09.480 --> 01:37:11.320
 and development and whatnot?

01:37:11.320 --> 01:37:13.160
 I know we've got people out there on the ground.

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

01:37:20.160 --> 01:37:21.600
 in our face.

01:37:21.600 --> 01:37:25.480
 If that is something that you could-

01:37:25.480 --> 01:37:27.040
 We could look at doing something.

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

01:37:33.520 --> 01:37:36.400
 give you an overview of the types of bills that have been filed.

01:37:36.400 --> 01:37:41.680
 And I know in the MUDS presentation that we had earlier this evening, Commissioner Cole

01:37:41.680 --> 01:37:44.880
 made mention of a potential bill with respect to dis-annexation.

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

01:37:50.480 --> 01:37:54.560
 also if this is getting traction with respect to dis-annexation, what that process also

01:37:54.560 --> 01:37:55.560
 looks like.

01:37:55.560 --> 01:37:57.400
 So we intend to address that.

01:37:57.400 --> 01:37:59.480
 That'd be great.

01:37:59.480 --> 01:38:01.360
 Anybody else?

01:38:01.360 --> 01:38:03.360
 Okay.

01:38:03.360 --> 01:38:07.080
 Seeing no one, I will adjourn our meeting at 7.01 p.m.

01:38:07.080 --> 01:38:07.960
 Thank you, everyone.