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 >> Good afternoon and welcome to the city of Denton's planning and zoning commission

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 meeting for Wednesday, August 10th.

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 With the quorum present, I will call our work session to order at 5 p.m.

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 For the record, commissioners Cole, Anderson and Smith are absent at this time.

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 Let's see, our first item on our work session agenda is citizen comment on consent agenda

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 items.

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 I don't know that I have anyone in here for that.

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 Waiting a moment.

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 Okay.

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 Seeing none, we'll move to our work session reports.

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 This printed a little bit odd.

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 So we've got agenda item two, work session reports, then under agenda item three, clarification

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 of agenda items, we've got our work session, which is under 3A.

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 So I'll call that.

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 It's receiver report, hold a discussion regarding drainage and floodplain development requirements.

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 Hello, Sean.

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 >> Good evening, members of the commission.

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 All right.

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 >> Okay.

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 >> Yes.

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 >> We'll just pull up the presentation here.

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 That started.

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 All right.

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 So yes, my name is Sean Jacobson, associate planner, and I'm here to give you a boot camp

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 on drainage.

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 So real quickly, we're going to touch on the standards that we hold our private development

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 to.

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 We're also going to look at the public side, how we review our public projects, as well

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 as how we invest in continuous improvement resources, and then possibly most importantly

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 we'll discuss, who do I call if I have a flood or drainage problem?

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 So taking a step back, what are our drainage and floodplain goals with our regulations?

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 On the private side, we're reviewing those projects to make sure that they comply with

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 a number of things.

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 We want to make sure that we're minimizing that risk of flooding properties around you,

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 downstream of your property.

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 We also are reviewing to make sure that we're limiting the cumulative impact of development

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 over time, so that as more and more properties develop, we don't end up with a situation

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 where each one of them didn't cause a problem, but think of mind, impact causes a problem.

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 We're prepared for that with our regulations.

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 We're also looking to minimize the risk that you'll flood the building you're building.

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 So we're making sure that you're actually building it high enough above any surrounding

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 floodplain.

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 We're making sure that there's a maintenance plan for any private detention that you're

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 proposing, and we're making sure that we're preserving those areas of FEMA floodplain,

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 and that where it is getting modified, that we're doing those through the proper processes.

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 On the public side, we're making sure that our projects are designed to manage and minimize

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 drainage impacts, and also that we're investing in continuous improvement, so continuing to

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 update our criteria manuals, our design details to make sure that we have the best resources

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 and regulations available.

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 So let's jump into that.

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 First of all, in development review, don't flood thy neighbor.

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 So for any project we're submitting, whether that's your civil engineering plans, your

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 flats, a building permit for a building that's within the floodplain, we're going to require

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 you to submit some type of drainage study, and there's two broad categories of that.

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 One of them is the downstream assessment, and that's what you do when you're wanting

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 to prove that you don't need to have a detention pond.

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 And so it's a very detailed study, and essentially what you're needing to prove is that you're

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 not going to have an adverse impact on properties downstream of you.

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 So you have to model all the way down to the point where no further impact from floodwater

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 in your development is being seen in the model.

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 And it's not enough to just model what your impact would be now, because what if everything

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 south of you is farmland right now?

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 We actually require that you model all of that area within, you know, where you may

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 have an impact, based on fully developed conditions.

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 So you actually have to look at the future land use map and model every one of those

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 properties based on how the future land use map says that will develop.

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 So that's one of the ways we account for those potential cumulative impacts over time.

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 We're making sure that if you're proving you're not going to have a negative impact, that's

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 not having a negative impact when everyone else develops, to the best that that can be

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 modeled.

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 The other major type of drainage study is if you are proposing detention on your sites.

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 You're proposing a detention pond, the goal of that being to slow or control the flow

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 of water off your site.

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 You still have to do a study.

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 It's not a downstream assessment, but you still have to show that that detention pond

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 will actually do what it's supposed to do, which is basically make sure that the flow

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 off your site matches the pre-development flow, where if it changes, it's only within

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 a very minimal permitted amount of change.

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 So either way, we're making sure that you're submitting a study that shows you're not having

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 an adverse impact.

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 The second step is don't flood thyself.

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 So we're looking at your drainage plans on your site to make sure, one, that we're minimizing

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 rerouting of drainage so that where water comes onto your site and leaves it, as much

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 as possible, that's staying the same.

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 We're not having water suddenly leaving your site in a wildly different location.

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 And that we're making sure that drainage is routed to the appropriate point, so it's getting

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 to the right culvert, the right inlet, et cetera.

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 And then we're also making sure that any proposed detention is adequate to the site needs.

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 Is that detention pond deep enough, wide enough, constructed to do what it's supposed to do

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 to handle the drainage for your site?

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 The other crucial area is floodplain.

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 The question is, can you build there?

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 And it depends on the type of floodplain and the size of the floodplain that the floodplain

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 on your property is a part of.

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 And I will note here, the city of Denton holds higher standards than federal standards.

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 We actually go above and beyond.

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 And the benefit of that is that it lowers flood insurance costs for our residents, 10%

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 for those that may have a building in the floodplain, 5% for buildings that are outside

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 the floodplain.

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 So it's important that we have those high above and beyond standards.

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 So just going through those types of floodplain, floodway is no-build.

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 You do not build there.

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 You don't mess with that.

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 You don't touch it.

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 Then there's a group of floodplain types, AAE, shaded zone X, it depends.

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 You may be able to modify some of those areas, but that has to go through a conditional letter

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 of map revision process.

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 That's reviewed by us.

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 That's reviewed by FEMA.

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 If that's approved, we're saying you can do some work.

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 You can move some dirt to move where the floodplain is.

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 When you've done it, you submit a letter of map revision, FEMA approves that.

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 They actually change the FEMA floodplain map, and now you have more space that you can develop

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 in.

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 Yes, ma'am?

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 Shawn, on that note, what is the time frame?

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 I know it doesn't fall into a perfect time frame, but on average, what is...

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 For a letter of map revision?

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 I am not going to try to answer that because that's well outside my area.

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 However, we do have some folks here with much more expertise than that, and I'll be happy

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 when we get through that to bring them up to address that question.

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 Very good.

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 Thank you very much.

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 We can...

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 Or we can do that.

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 Yeah.

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 So Mike Linder is here.

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 He is our floodplain guy.

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 Hello.

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 Yeah.

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 After a letter of map revision is submitted to FEMA, it generally takes three months

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 for that to get reviewed and approved, and it varies on whether it's very closely aligned

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 with the conditional letter of map revision that preceded it, or if there were significant

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 changes between those two, so it could take considerably longer.

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 Before it's going to FEMA, it's coming through a review here first?

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 Correct.

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 Okay.

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 And how...

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 What's that process?

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 That's reviewed by HR Green, our development consultants that do the majority of our heavy

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 lifting review for floodplain modeling.

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 So month, two months before it would...

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 I'm trying to get cumulative.

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 What would that look like?

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 Yes, sorry, I can't give you exact certainty on that timeline.

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 I imagine it's generally within a few weeks, and they work through that process, so it's

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 not just one big data dump.

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 They're working side by side through that.

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 Got it.

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 Okay.

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 Thank you for answering my question.

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 Absolutely.

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 I was going to say, if anything, what they would do is...

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 Our partners at HR Green that assist us with that review, they would bring that to the

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 applicant's attention, letting them know that the conditional letter of map revision would

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 be necessary as part of their review.

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 So with the civil engineering plans, we are bound by a certain number of days under the

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 state statute, in which we have to respond.

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 So it's presumably included in all of that review, but we would bring it to the applicant's

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 attention.

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 Got it.

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 Okay.

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 Thanks.

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 All right.

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 The last category is our 200-foot permit buffer, and I've actually provided an example of that

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 on the screen there.

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 You can see the area that's shaded in purple.

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 That is an area, and it's what it sounds like, outside of our floodplain.

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 There's a 200-foot area within which you can build, but when you build with your building

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 permit, you need to have a certification provided that you have built the finished floor of

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 that building high enough above the floodplain.

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 There's actual certificates saying you built it high enough to minimize that flood risk.

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 And as part of that, you may actually be required to do a study to determine what the base flood

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 elevation there is.

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 So just as an example, I've shown, provided an example of a plat there, and you can see

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 on some of those, it says MINFF.

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 What that's saying is for that particular lot, what does the minimum finished floor

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 elevation above sea level have to be?

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 Others don't have that because they're outside of that permit buffer area.

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 So that's one of the many things we review in this realm before it gets to y'all.

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 And lastly, we do make sure that we have an easement requirement around any floodplain

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 or floodway that's not being modified in order to make sure, you know, there's no building

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 in there and that there's actually the ability to access that in case maintenance ever needs

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 to be done.

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 And just as a brief kind of a resource and education item, if you're aware of our interactive

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 GIS map, there's actually a way you can go on if you click on the FEMA checkbox and then

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 click the little black arrow next to it and go down and turn on permit buffer.

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 You can actually see in a general sense where these various types of floodplain are on a

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 property.

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 Now, I'll caution you, this is not the official FEMA map.

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 It's not going to be perfect, but it is a good resource for being generally aware.

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 You can see there the dark blue of the floodway, the lighter blue of some of the other zones,

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 and then the permit buffer, which is the purple slashes, so just a useful resource.

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 The third part of development review is so maintenance and making sure that we're providing

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 for maintenance.

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 So private detention, and that's where you have a detention pond on your property that's

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 just handling ground off from your side alone.

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 We require you to provide maintenance documents so that if someone buys that in the future

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 and we need to provide that to tell them, hey, here's what your responsibility is for

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 maintaining this detention pond, we have that on file.

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 We also require an access easement so that if the city ever needed to go in and resolve

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 a problem, we do have the legal ability to do that.

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 There's also public detention and drainage, and that's where you may have a drainage pond

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 that's taking water from multiple lots or a drainage feature that is taking water from

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 one lot to another.

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 And I've provided an example there.

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 The dark blue is a drainage pond that's serving multiple lots.

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 The light blue is a drainage easement that is allowing water to go from one lot to another.

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 Those are input then easements that permit both public access and public maintenance

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 so that, again, if we ever needed to address that, we have the legal ability to do that.

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 Overall, the intent of all of this is to ensure that the responsibility for access to and

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 permission to maintain is clearly stated and documented.

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 We know what everyone is responsible to do, and we have the ability to remedy if necessary.

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 So that sums up the private side.

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 I want to go now and look at the public side of drainage and floodplain.

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 With all of our capital improvement projects, we hold ourselves, with roads, bridges, et

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 cetera, to the same standards that we hold private development.

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 If a study is required on the private side, it's required on the public side.

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 Drainage studies, flood studies, if you're modifying a floodplain to put in a road, which

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 we did recently, it requires the Clomar and Lomar, exactly the same standards.

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 And at the end of that, we have our public works inspection folks going in and inspecting

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 that.

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 If there's something that's not been done correctly, they'll require that it's fixed

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 before it's allowed to go from there.

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 So holding ourselves to the same high standards that we do on the private side.

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 We also invest specifically in drainage infrastructure and continuous improvement.

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 Now, like we said, our private review is designed to avoid those cumulative impacts over time,

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 but there are also historic problem areas, issues of the past that need to be solved,

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 and that's where you may see us investing in major infrastructure problems related,

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 projects related to drainage.

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 Also sometimes if we're doing a project, road bridge, et cetera, there is drainage, work

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 drainage infrastructure that is required as a part of that.

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 So again, in those cases, we as the city would be investing in specific drainage infrastructure

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 or floodplain modification.

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 Another key thing here is ongoing process and improvement.

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 So we are actually developing a stormwater master plan right now.

237
00:12:22,880 --> 00:12:26,920
 When that's completed, that'll give us a much clearer picture of what all of our infrastructure

238
00:12:26,920 --> 00:12:31,240
 is for drainage and stormwater citywide, and it'll enable us to do the best possible job

239
00:12:31,240 --> 00:12:34,120
 of investing in future drainage infrastructure.

240
00:12:34,120 --> 00:12:40,440
 We're also a part of the National Flood Insurance Program Rating System, which Mike puts a lot

241
00:12:40,440 --> 00:12:44,280
 of effort into updating, and the benefit of that is we're letting the federal government

242
00:12:44,280 --> 00:12:47,880
 know here's everything the City of Denton is doing to protect floodplain, and when we

243
00:12:47,880 --> 00:12:52,120
 update that regularly, that also helps to keep those flood insurance costs as low as

244
00:12:52,120 --> 00:12:54,440
 possible for our citizens.

245
00:12:54,440 --> 00:12:58,360
 And then as you may be aware, we're also now updating our criteria manuals on an annual

246
00:12:58,360 --> 00:13:02,720
 basis to make sure that we are keeping up with the best possible regulations, keeping

247
00:13:02,720 --> 00:13:03,720
 that updated.

248
00:13:03,720 --> 00:13:07,360
 And we also do have some new resources available for citizens and for the development community,

249
00:13:07,360 --> 00:13:09,680
 and I'll touch on that another slide.

250
00:13:09,680 --> 00:13:14,000
 Again, just briefly noting here that process now we're going through annually to keep those

251
00:13:14,000 --> 00:13:17,240
 criteria manuals updated.

252
00:13:17,240 --> 00:13:21,200
 Those resources I mentioned, one of them, I love this site, Discuss Denton, all of our

253
00:13:21,200 --> 00:13:23,880
 major capital improvements are listed on there.

254
00:13:23,880 --> 00:13:28,560
 It lists the contact information for the project manager, lists the general timeline, a lot

255
00:13:28,560 --> 00:13:32,320
 of great information there, and if you wanted to learn more, you have the contact information

256
00:13:32,320 --> 00:13:36,560
 for the person that will know more, so definitely recommend using that, I use it when questions

257
00:13:36,560 --> 00:13:40,080
 come in, and it's also something you can share with folks that have questions for you.

258
00:13:40,080 --> 00:13:44,760
 The other is our capital improvement projects GIS map, and that's basically a map of the

259
00:13:44,760 --> 00:13:48,360
 city that shows all the major capital improvement projects, so if you're wondering what's going

260
00:13:48,360 --> 00:13:51,680
 on on that road there, you can pull that up, zoom in on it, click on it, find out what

261
00:13:51,680 --> 00:13:57,360
 that project is, have more information, so again, just a useful resource.

262
00:13:57,360 --> 00:14:03,840
 Finally we want to touch on who do we call in case of a flooding emergency, a flooding

263
00:14:03,840 --> 00:14:08,720
 issue, a question about drainage, et cetera, and the answer is that the Engage Denton app

264
00:14:08,720 --> 00:14:12,760
 and website is the best response, because that is a clearing house, rather than trying

265
00:14:12,760 --> 00:14:15,920
 to reach out to one department or another, there's a team there that makes sure that

266
00:14:15,920 --> 00:14:20,560
 that question is targeted to the best department or departments to address the issue, that

267
00:14:20,560 --> 00:14:24,920
 it's tracked and that it's resolved effectively, so highly recommend that, whether it's downloading

268
00:14:24,920 --> 00:14:29,520
 the app or whether that's going to the website, that's the best way to resolve those questions

269
00:14:29,520 --> 00:14:30,520
 and issues.

270
00:14:30,520 --> 00:14:34,680
 The one exception is during rain, if you're observing a flash flooding event, there is

271
00:14:34,680 --> 00:14:38,720
 a dedicated phone number for that, and I put that on the screen there, but in general,

272
00:14:38,720 --> 00:14:40,960
 Engage Denton app is the way to go.

273
00:14:40,960 --> 00:14:44,960
 So with that, that is the presentation, but I'm happy to stand for any questions.

274
00:14:44,960 --> 00:14:46,440
 That's great, Sean, thanks.

275
00:14:46,440 --> 00:14:49,640
 Hey, when's that master plan going to be done, do you know?

276
00:14:49,640 --> 00:14:50,640
 That's a great idea.

277
00:14:50,640 --> 00:14:51,640
 I do not, it is in progress.

278
00:14:51,640 --> 00:14:52,640
 Yeah, that's awesome.

279
00:14:52,640 --> 00:14:53,640
 That's really, really great.

280
00:14:53,640 --> 00:14:56,020
 I'm happy to hear that.

281
00:14:56,020 --> 00:14:59,520
 Any questions for Sean?

282
00:14:59,520 --> 00:15:00,520
 Commissioner Pruitt.

283
00:15:00,520 --> 00:15:04,120
 Thank you, Chair.

284
00:15:04,120 --> 00:15:07,540
 Thank you for the great presentation and the information.

285
00:15:07,540 --> 00:15:12,920
 Just a couple of things I'm curious about, and if they're wrapped up in that master drainage

286
00:15:12,920 --> 00:15:16,960
 plan, then just tell me to read it when it comes out and that's fine.

287
00:15:16,960 --> 00:15:24,240
 You mentioned that the private development has to do a downstream assessment or has that

288
00:15:24,240 --> 00:15:32,840
 option in option one, I guess it was, to evaluate what the outflow of their property after the

289
00:15:32,840 --> 00:15:38,440
 development will be impacting downstream areas, assuming the future land use.

290
00:15:38,440 --> 00:15:42,880
 So I think that my question is there's two things that we do as a city, I think, and

291
00:15:42,880 --> 00:15:46,920
 I'm wondering whether we do that same downstream assessment during those processes.

292
00:15:46,920 --> 00:15:52,960
 One of those would be CIP projects that would increase runoff, like building a new road

293
00:15:52,960 --> 00:15:58,220
 or widening lanes or something like that, and then the second would be when we choose

294
00:15:58,220 --> 00:16:03,700
 to make a revision to the future land use map that would change the assumptions that

295
00:16:03,700 --> 00:16:06,160
 are used by private development at that time.

296
00:16:06,160 --> 00:16:08,000
 Does that make sense?

297
00:16:08,000 --> 00:16:09,000
 I believe so.

298
00:16:09,000 --> 00:16:14,200
 So as I said, my understanding is that we require the same standards for our projects

299
00:16:14,200 --> 00:16:20,120
 as we do for any project on the private side, so if a project required a downstream assessment,

300
00:16:20,120 --> 00:16:24,840
 then my expectation is we would be requiring that on the public side as well, if that's

301
00:16:24,840 --> 00:16:25,840
 helpful.

302
00:16:25,840 --> 00:16:30,560
 The expectation is that we're doing that same work and that same forward-looking progress,

303
00:16:30,560 --> 00:16:33,320
 if that's helpful.

304
00:16:33,320 --> 00:16:37,480
 And when we amend the future land use map, most of the times we don't have large changes

305
00:16:37,480 --> 00:16:42,600
 to it, but I think with the comp plan change, there were some areas that had significant

306
00:16:42,600 --> 00:16:44,160
 changes.

307
00:16:44,160 --> 00:16:52,100
 I'm just wondering whether we take a look during that process at how that impacts the,

308
00:16:52,100 --> 00:16:56,440
 if you would say, the unused capacity within the system.

309
00:16:56,440 --> 00:16:57,440
 Does that make sense?

310
00:16:57,440 --> 00:16:58,440
 Yeah.

311
00:16:58,440 --> 00:17:01,080
 So Brett Poujois, Capital Projects Engineering.

312
00:17:01,080 --> 00:17:04,760
 So in situations like that, when those projects come in, they are changing the land use, it's

313
00:17:04,760 --> 00:17:08,680
 their obligation to look at how their impact is, so when they do their modeling, they look

314
00:17:08,680 --> 00:17:13,000
 at what was done upstream of them, and then they do their analysis of what their land

315
00:17:13,000 --> 00:17:15,440
 use changes and how the impacts are downstream.

316
00:17:15,440 --> 00:17:19,320
 So it's also part of the downstream assessment, it's just because they're changing their land

317
00:17:19,320 --> 00:17:23,000
 use, that means that their flows on that land use will change and it'll affect the downstream

318
00:17:23,000 --> 00:17:24,360
 part of their assessment.

319
00:17:24,360 --> 00:17:25,360
 Completely understand that.

320
00:17:25,360 --> 00:17:29,080
 I must be misspeaking here.

321
00:17:29,080 --> 00:17:35,920
 So prior to the 2040 comprehensive plan update, we had a future land use map that is used

322
00:17:35,920 --> 00:17:39,960
 for the assumptions within that downstream assessment.

323
00:17:39,960 --> 00:17:49,280
 Then we passed the 2040 comprehensive plan that had some modifications to that map.

324
00:17:49,280 --> 00:17:54,200
 So presumably after that, now private development, when they come in, they have to use those

325
00:17:54,200 --> 00:17:58,120
 new assumptions on the future land use.

326
00:17:58,120 --> 00:18:04,380
 I guess my question is, maybe we haven't done it yet and it's part of the drainage study

327
00:18:04,380 --> 00:18:11,560
 is at what point do, when we're changing large future land use designations, independent

328
00:18:11,560 --> 00:18:18,360
 of a particular development application, do we look at whether, how much we're raising

329
00:18:18,360 --> 00:18:25,800
 the bar of the assumed future impact because of our land use, future land use designations?

330
00:18:25,800 --> 00:18:27,520
 Does that make sense?

331
00:18:27,520 --> 00:18:33,400
 Yeah, and so I think the answer is that when you're looking at it from a fully developed,

332
00:18:33,400 --> 00:18:40,440
 fully built out scenario, anything from farmland to a developed site is going to have a significant

333
00:18:40,440 --> 00:18:41,440
 increase in runoff.

334
00:18:41,440 --> 00:18:46,880
 And so if you're changing from a situation where you're looking at a housing development

335
00:18:46,880 --> 00:18:51,560
 versus a retail center, there's going to be some small changes, but you look at the full

336
00:18:51,560 --> 00:18:53,520
 built out situation of that.

337
00:18:53,520 --> 00:18:57,400
 And when you're looking at the analysis of that, you're assuming that that development

338
00:18:57,400 --> 00:19:00,040
 essentially hasn't mitigated their own flooding.

339
00:19:00,040 --> 00:19:05,680
 And so when they look at the analysis of it, most sites choose to do the onsite detention

340
00:19:05,680 --> 00:19:10,940
 because the cost of doing the downstream assessment is pretty complicated and pretty expensive.

341
00:19:10,940 --> 00:19:14,960
 And so they do the onsite detention, the requirement is that they cannot have any change in the

342
00:19:14,960 --> 00:19:17,040
 peak flow off of their site.

343
00:19:17,040 --> 00:19:21,200
 And so because of those unknowns and the cost associated with that, it's easier for most

344
00:19:21,200 --> 00:19:25,520
 developers and most projects to say, "Hey, let's just detain the water on site because

345
00:19:25,520 --> 00:19:28,360
 all we have to do is just make sure we don't change anything."

346
00:19:28,360 --> 00:19:32,220
 And so even if the land use changes, you're not changing the outflow off that site then.

347
00:19:32,220 --> 00:19:35,960
 - Just because the majority of the development applications we see do their own internal

348
00:19:35,960 --> 00:19:36,960
 detention.

349
00:19:36,960 --> 00:19:37,960
 - Yeah, correct.

350
00:19:37,960 --> 00:19:38,960
 - Okay.

351
00:19:38,960 --> 00:19:39,960
 Thank you very much.

352
00:19:39,960 --> 00:19:40,960
 That answers that.

353
00:19:40,960 --> 00:19:41,960
 - You're welcome.

354
00:19:41,960 --> 00:19:42,960
 - Thank you.

355
00:19:42,960 --> 00:19:43,960
 Commissioner Dade?

356
00:19:43,960 --> 00:19:44,960
 - Thank you, Chair.

357
00:19:44,960 --> 00:19:45,960
 Hey, Sean.

358
00:19:45,960 --> 00:19:51,840
 I think on one of your earlier slides, you had the little caption, "Can you build there?"

359
00:19:51,840 --> 00:19:57,320
 And I'm just curious because you say there is a way if it's in a floodplain, there is

360
00:19:57,320 --> 00:20:01,440
 permanent things you can do to actually take it out of the floodplain?

361
00:20:01,440 --> 00:20:05,040
 - In some cases, yes, and that's where you'd submit that conditional letter of map revision

362
00:20:05,040 --> 00:20:08,880
 that would have to be reviewed by our folks in engineering as well as FEMA to determine

363
00:20:08,880 --> 00:20:12,040
 whether that would be an acceptable change to the floodplain or not.

364
00:20:12,040 --> 00:20:13,040
 - Okay.

365
00:20:13,040 --> 00:20:19,000
 The reason I'm asking, I know a few years back, there was probably a dozen lots over

366
00:20:19,000 --> 00:20:25,540
 in Southeast Denton that the neighbors were told they would never be able to build on.

367
00:20:25,540 --> 00:20:27,760
 So they just gave up trying to buy it.

368
00:20:27,760 --> 00:20:34,120
 And then one individual came through and bought all 12 and now there's houses on them.

369
00:20:34,120 --> 00:20:40,440
 And they were trying to figure out, so what did he do that we couldn't do?

370
00:20:40,440 --> 00:20:44,960
 - So because this is kind of a broad-based topic, I'm not gonna be able to address a

371
00:20:44,960 --> 00:20:45,960
 specific situation.

372
00:20:45,960 --> 00:20:46,960
 - I understand.

373
00:20:46,960 --> 00:20:51,160
 - We're happy to come back to that later today, but I don't wanna touch on something that

374
00:20:51,160 --> 00:20:53,160
 I haven't had a chance to work at fully.

375
00:20:53,160 --> 00:20:54,160
 - Right, right, right.

376
00:20:54,160 --> 00:20:55,160
 Okay.

377
00:20:55,160 --> 00:20:59,440
 - So it's hard for us to be able to address those site-specific questions just because

378
00:20:59,440 --> 00:21:01,120
 we're not prepared for it.

379
00:21:01,120 --> 00:21:07,920
 But the only thing I would put out there though is that the subsequent owner may have done

380
00:21:07,920 --> 00:21:13,480
 some additional improvements that allowed for them to be able to do the improvement

381
00:21:13,480 --> 00:21:17,560
 that the previous landowners were either one, not aware that that was an available option

382
00:21:17,560 --> 00:21:24,480
 to them, or it's possible that some conditions may have changed in the area that helped facilitate

383
00:21:24,480 --> 00:21:26,040
 building on those properties.

384
00:21:26,040 --> 00:21:31,000
 But that's usually at a high level, that's potentially what you're going to see is that

385
00:21:31,000 --> 00:21:34,720
 there was some other major improvement done within the area that other properties have

386
00:21:34,720 --> 00:21:40,740
 managed to benefit from when in the past they had their unfortunate situation of being encumbered

387
00:21:40,740 --> 00:21:41,740
 by the floodplain.

388
00:21:41,740 --> 00:21:42,740
 - All right, thank you.

389
00:21:42,740 --> 00:21:47,800
 - Yeah, and I would think that he could, Commissioner McDade could get with you offline and then

390
00:21:47,800 --> 00:21:49,520
 talk more specific about that.

391
00:21:49,520 --> 00:21:52,440
 If you want like a past history or something like that, they would have that.

392
00:21:52,440 --> 00:21:53,440
 - Okay.

393
00:21:53,440 --> 00:21:54,440
 - Absolutely.

394
00:21:54,440 --> 00:21:55,440
 - Yes.

395
00:21:55,440 --> 00:21:56,440
 - Sean, excellent.

396
00:21:56,440 --> 00:21:57,440
 Thank you very much.

397
00:21:57,440 --> 00:21:58,440
 - Thank you.

398
00:21:58,440 --> 00:22:05,120
 - Okay, we will continue with clarification on our agenda.

399
00:22:05,120 --> 00:22:08,960
 So that will take us to the minutes for July 13th.

400
00:22:08,960 --> 00:22:14,640
 Any discussion on the minutes?

401
00:22:14,640 --> 00:22:15,640
 Okay.

402
00:22:15,640 --> 00:22:17,680
 Then let's move on to our consent agenda.

403
00:22:17,680 --> 00:22:23,240
 Is there anything to discuss or pull from the consent agenda this evening?

404
00:22:23,240 --> 00:22:25,400
 Okay.

405
00:22:25,400 --> 00:22:29,060
 Then we will move to our items for individual consideration.

406
00:22:29,060 --> 00:22:32,040
 For A, that is being withdrawn.

407
00:22:32,040 --> 00:22:34,960
 The applicant made a late call, so they are withdrawing that.

408
00:22:34,960 --> 00:22:46,680
 We will not be taking any action on for A. For B, PE 220001, I will invite Julie up

409
00:22:46,680 --> 00:22:47,680
 for this one.

410
00:22:47,680 --> 00:22:48,680
 - Good evening.

411
00:22:48,680 --> 00:22:49,680
 - Hi.

412
00:22:49,680 --> 00:22:50,680
 - Hi.

413
00:22:50,680 --> 00:22:55,840
 Let me open my presentation.

414
00:22:55,840 --> 00:22:58,800
 All right.

415
00:22:58,800 --> 00:22:59,800
 Good evening.

416
00:22:59,800 --> 00:23:04,280
 I'm Julie Wyatt, Senior Planner with the City of Denton, and I am presenting PE 220001,

417
00:23:04,280 --> 00:23:07,720
 Agave Ranch.

418
00:23:07,720 --> 00:23:10,960
 So the request before you is for an extension of a preliminary plat.

419
00:23:10,960 --> 00:23:13,760
 It was approved in August of 2020.

420
00:23:13,760 --> 00:23:18,120
 The Denton Development Code talks about the expiration of preliminary plots in that they

421
00:23:18,120 --> 00:23:24,400
 have 24 months from the date of approval to get a final plat approved or it expires.

422
00:23:24,400 --> 00:23:29,240
 But the DDC does allow for the Planning and Zoning Commission to approve an extension

423
00:23:29,240 --> 00:23:31,280
 for up to one year.

424
00:23:31,280 --> 00:23:34,480
 And the Planning and Zoning Commission can impose conditions to ensure that the land

425
00:23:34,480 --> 00:23:39,000
 will be developed in a timely fashion and that the public interest is served, including

426
00:23:39,000 --> 00:23:44,480
 compliance with one or more of the new adopted standards.

427
00:23:44,480 --> 00:23:48,160
 Before we get too far into this particular request, I want to talk a little bit about

428
00:23:48,160 --> 00:23:49,160
 the background.

429
00:23:49,160 --> 00:23:53,600
 I know some of you are here when this was originally approved, but it's been a while.

430
00:23:53,600 --> 00:23:58,380
 So the zoning for the property was approved in July of 2019.

431
00:23:58,380 --> 00:24:05,040
 The City Council approved a rezoning to NR2 and NR3 with overlay conditions, and those

432
00:24:05,040 --> 00:24:10,320
 were related to the use, open space, landscaping, screening.

433
00:24:10,320 --> 00:24:17,640
 The map shown on your screen shows that the area in yellow is the NR2 and the area in

434
00:24:17,640 --> 00:24:20,760
 a little bit darker shade is the NR3.

435
00:24:20,760 --> 00:24:25,200
 Those names may sound a little different, the NR, because that was a previous code.

436
00:24:25,200 --> 00:24:31,240
 It was actually approved under our 2002 Denton Development Code.

437
00:24:31,240 --> 00:24:37,760
 And within that code, we had different regulations regarding single-family residential subdivision

438
00:24:37,760 --> 00:24:38,760
 development.

439
00:24:38,760 --> 00:24:44,980
 So this project was reviewed and approved under that 2002 Denton Development Code.

440
00:24:44,980 --> 00:24:51,240
 And within that, any subdivision over two acres had a maximum density, not a minimum

441
00:24:51,240 --> 00:24:54,560
 lot size, which is a little different than what we see today.

442
00:24:54,560 --> 00:25:03,720
 So in this instance, NR2 allowed for two dwelling units per gross acre, and NR3 allowed 3.5

443
00:25:03,720 --> 00:25:05,320
 dwelling units per gross acre.

444
00:25:05,320 --> 00:25:11,280
 Now when I talk about that acreage, that includes all open space, roadways, drainage areas,

445
00:25:11,280 --> 00:25:14,720
 so that's that gross total acreage.

446
00:25:14,720 --> 00:25:21,140
 And that resulted in 252 single-family residential lots, and they ranged in size from about 5,800

447
00:25:21,140 --> 00:25:26,700
 square feet to about 15,000 square feet, depending on where they were.

448
00:25:26,700 --> 00:25:31,040
 This does comply with the maximum density, and this preliminary plot also complied with

449
00:25:31,040 --> 00:25:35,240
 the overlay conditions that were established with that zoning.

450
00:25:35,240 --> 00:25:40,880
 Then came the 2019 Denton Development Code, and that was implemented shortly thereafter.

451
00:25:40,880 --> 00:25:45,320
 And that's where this then transitioned to a planned development.

452
00:25:45,320 --> 00:25:49,960
 So now the zoning is PDR2 and PDR3.

453
00:25:49,960 --> 00:25:53,480
 Is that kind of clear?

454
00:25:53,480 --> 00:25:54,900
 It gets kind of confusing.

455
00:25:54,900 --> 00:25:59,160
 This is one of the weird between-the-codes projects.

456
00:25:59,160 --> 00:26:01,200
 Julie, can I interrupt?

457
00:26:01,200 --> 00:26:02,200
 Absolutely.

458
00:26:02,200 --> 00:26:06,200
 So it really just changed by name.

459
00:26:06,200 --> 00:26:07,200
 Nothing else changed.

460
00:26:07,200 --> 00:26:08,920
 So it didn't change to a planned development.

461
00:26:08,920 --> 00:26:13,120
 It just changed names to PDR2, right?

462
00:26:13,120 --> 00:26:14,120
 I mean…

463
00:26:14,120 --> 00:26:15,120
 Yes.

464
00:26:15,120 --> 00:26:17,000
 So we're not changing, like…

465
00:26:17,000 --> 00:26:18,000
 Correct.

466
00:26:18,000 --> 00:26:20,880
 That is a little misleading, so I just wanted to clarify that.

467
00:26:20,880 --> 00:26:21,880
 No, that's very good.

468
00:26:21,880 --> 00:26:22,880
 Yes.

469
00:26:22,880 --> 00:26:25,280
 We're just changing the label on the map, because we didn't have a way with the new

470
00:26:25,280 --> 00:26:29,280
 development code to talk about overlay conditions in zoning.

471
00:26:29,280 --> 00:26:30,440
 There was no way to do that.

472
00:26:30,440 --> 00:26:38,000
 So any zoning, any lot that had zoning overlay conditions became PD, blah, blah, blah.

473
00:26:38,000 --> 00:26:39,000
 You're exactly correct.

474
00:26:39,000 --> 00:26:40,000
 Okay.

475
00:26:40,000 --> 00:26:41,000
 Yes.

476
00:26:41,000 --> 00:26:42,000
 Thank you.

477
00:26:42,000 --> 00:26:43,000
 Yeah.

478
00:26:43,000 --> 00:26:44,000
 It was just a name change.

479
00:26:44,000 --> 00:26:45,000
 Correct.

480
00:26:45,000 --> 00:26:47,600
 So all of the remaining standards that the Council approved at that given time still

481
00:26:47,600 --> 00:26:49,040
 remain in effect.

482
00:26:49,040 --> 00:26:51,120
 So none of that has been modified.

483
00:26:51,120 --> 00:26:52,120
 Okay.

484
00:26:52,120 --> 00:26:53,120
 Commissioner Cole.

485
00:26:53,120 --> 00:26:54,600
 Thank you, Chair.

486
00:26:54,600 --> 00:26:55,600
 Sure.

487
00:26:55,600 --> 00:27:04,000
 So, Julie, the 252 number has never changed, right?

488
00:27:04,000 --> 00:27:05,000
 Correct.

489
00:27:05,000 --> 00:27:07,480
 I mean, that's what we settled on during the hard fought.

490
00:27:07,480 --> 00:27:14,080
 I mean, it was, I mean, in my opinion, some of the best work we've done as a board.

491
00:27:14,080 --> 00:27:19,440
 I mean, they originally wanted, what, 460-something lots?

492
00:27:19,440 --> 00:27:20,440
 I don't remember the exact number, but it was…

493
00:27:20,440 --> 00:27:23,180
 I mean, it was over 400.

494
00:27:23,180 --> 00:27:27,040
 And so we got them down to about half that density, right?

495
00:27:27,040 --> 00:27:30,240
 So I mean, really, it's still the same amount of homes.

496
00:27:30,240 --> 00:27:31,240
 Yes.

497
00:27:31,240 --> 00:27:34,480
 It's the same project that was contemplated at that time.

498
00:27:34,480 --> 00:27:36,520
 Yes, sir.

499
00:27:36,520 --> 00:27:37,520
 Okay.

500
00:27:37,520 --> 00:27:38,520
 Okay.

501
00:27:38,520 --> 00:27:39,520
 Thanks, Julie.

502
00:27:39,520 --> 00:27:40,520
 Yep.

503
00:27:40,520 --> 00:27:42,800
 So we don't see these plat extensions very often.

504
00:27:42,800 --> 00:27:45,500
 They're kind of, they're pretty rare.

505
00:27:45,500 --> 00:27:50,240
 So we thought it would be best to talk about the criteria for approval to just take a little

506
00:27:50,240 --> 00:27:51,240
 more time on this.

507
00:27:51,240 --> 00:27:57,260
 So the criteria for approval for a plat extension are in sub-chapter two of the Denton Development

508
00:27:57,260 --> 00:27:59,320
 Code, and there are four of them.

509
00:27:59,320 --> 00:28:04,160
 The first one, the reasons for the requested extension, the applicant's narrative was

510
00:28:04,160 --> 00:28:10,000
 included in your backup material, but according to that narrative, they have remained active.

511
00:28:10,000 --> 00:28:16,160
 They have continued progress toward completion of the project, but there was an interruption.

512
00:28:16,160 --> 00:28:22,200
 They did change engineering firms midstream, so it has created some delays for them.

513
00:28:22,200 --> 00:28:25,880
 The applicant will be here tonight to answer any follow-up questions you may have related

514
00:28:25,880 --> 00:28:27,000
 to that.

515
00:28:27,000 --> 00:28:31,480
 The second criterion is the ability of the applicant to comply with any conditions attached

516
00:28:31,480 --> 00:28:32,960
 to the original approval.

517
00:28:32,960 --> 00:28:38,520
 The preliminary plat was approved without conditions, so that one doesn't apply.

518
00:28:38,520 --> 00:28:42,320
 Criterion three, whether the extension is likely to result in the timely completion

519
00:28:42,320 --> 00:28:47,040
 of the project, since it was approved, they have made progress.

520
00:28:47,040 --> 00:28:48,680
 There are three projects.

521
00:28:48,680 --> 00:28:53,840
 There was an alternative development plan that was approved in November of 2020.

522
00:28:53,840 --> 00:28:55,480
 Some of you may remember it.

523
00:28:55,480 --> 00:29:01,040
 The 2002 Denton Development Code had a special process and application associated with it

524
00:29:01,040 --> 00:29:05,760
 called an alternative development plan, and that allowed the Planning and Zoning Commission

525
00:29:05,760 --> 00:29:14,440
 to approve deviations to the design standards within subchapter 13 of the 2002 DDC.

526
00:29:14,440 --> 00:29:22,240
 That was related to those individual houses or buildings on those lots.

527
00:29:22,240 --> 00:29:25,760
 There's a civil engineering plan for one phase of the development.

528
00:29:25,760 --> 00:29:27,480
 That would be 92 lots.

529
00:29:27,480 --> 00:29:32,720
 It was submitted in December of 2020, and it is still under review.

530
00:29:32,720 --> 00:29:37,180
 The comments were sent out on the most recent review in July of this year.

531
00:29:37,180 --> 00:29:42,720
 And then CEP 2240, that is related to a force main lift station.

532
00:29:42,720 --> 00:29:47,120
 It was submitted in June of this year, and it is currently under review.

533
00:29:47,120 --> 00:29:52,520
 According to the applicant, they're anticipating approval of their CEPs, and so they're hoping

534
00:29:52,520 --> 00:29:57,280
 to submit the final plat this month.

535
00:29:57,280 --> 00:30:01,880
 The fourth criterion is the extent to which newly adopted regulations should be applied

536
00:30:01,880 --> 00:30:03,280
 to the proposed development.

537
00:30:03,280 --> 00:30:08,520
 And we thought it would be best to talk about this as a table and kind of just break it

538
00:30:08,520 --> 00:30:13,680
 down by kind of elements.

539
00:30:13,680 --> 00:30:16,900
 So your first row is lot size.

540
00:30:16,900 --> 00:30:22,360
 If the plat extension is approved, then it could remain under its current configuration

541
00:30:22,360 --> 00:30:29,900
 with the 252 lots with those varied lot sizes that I mentioned at the top of the presentation.

542
00:30:29,900 --> 00:30:34,800
 So that design of the project would remain the same.

543
00:30:34,800 --> 00:30:39,680
 If the plat expired, then they may have to redesign the site.

544
00:30:39,680 --> 00:30:46,240
 And under current code, the DDC would require lot sizes in that R2 of 16,000 square feet

545
00:30:46,240 --> 00:30:49,080
 and in the R3, 10,000 square feet.

546
00:30:49,080 --> 00:30:52,840
 There is an asterisk on that column, and we're going to talk about that in the next slide,

547
00:30:52,840 --> 00:30:54,800
 so keep that in mind.

548
00:30:54,800 --> 00:31:00,080
 The engineering standards, I know you had a question regarding engineering standards.

549
00:31:00,080 --> 00:31:06,200
 The civil engineering plans for each type, so the civil engineering plans for that phase

550
00:31:06,200 --> 00:31:11,120
 one or the lift station are reviewed under the criteria regulations that are in place

551
00:31:11,120 --> 00:31:15,720
 at the time that they were submitted.

552
00:31:15,720 --> 00:31:23,560
 So for example, the lift station is being reviewed under the 2021 criteria for approval.

553
00:31:23,560 --> 00:31:28,520
 And then planning and design standards, the 2002 Denton Development Code regulations were

554
00:31:28,520 --> 00:31:34,560
 a little bit different related to tree preservation, street trees, and then they had that ADP.

555
00:31:34,560 --> 00:31:38,080
 Tree preservation was a little different than what we have today.

556
00:31:38,080 --> 00:31:41,720
 They were required to preserve a little bit less.

557
00:31:41,720 --> 00:31:45,460
 And then we also required fewer street trees to be planted.

558
00:31:45,460 --> 00:31:48,300
 At that time, we required one every 45 feet.

559
00:31:48,300 --> 00:31:54,920
 That ADP, as I mentioned, was related to design standards for the individual homes, but even

560
00:31:54,920 --> 00:31:59,320
 with the plat extended, they would still have to comply with all of the overlay conditions

561
00:31:59,320 --> 00:32:02,600
 associated with the zoning.

562
00:32:02,600 --> 00:32:09,120
 If the plat did expire, then the 2019 DDC regulations may apply, and that would include current tree

563
00:32:09,120 --> 00:32:15,480
 preservation, landscaping, those updated street tree requirements, lot tree requirements.

564
00:32:15,480 --> 00:32:19,080
 That ADP would still be in place, so they would still follow that, but they would still

565
00:32:19,080 --> 00:32:24,960
 have to comply with those PD conditions, those overlay conditions associated with the zoning.

566
00:32:24,960 --> 00:32:29,880
 So now I want to talk about that asterisk unless you all had any questions.

567
00:32:29,880 --> 00:32:31,240
 Okay.

568
00:32:31,240 --> 00:32:36,640
 So if the extension is not approved, I want to take a minute to talk about that.

569
00:32:36,640 --> 00:32:38,940
 The applicant does have another option.

570
00:32:38,940 --> 00:32:43,840
 They could seek relief through the vested rights regulations within the Denton Development

571
00:32:43,840 --> 00:32:47,160
 Code and with Texas Local Government Code.

572
00:32:47,160 --> 00:32:53,560
 So this isn't something we talk about very often, but Texas Local Government Code 245,

573
00:32:53,560 --> 00:32:59,680
 it establishes rules upon which property owners and developers can rely once they have submitted

574
00:32:59,680 --> 00:33:04,760
 the first permit in a series of permits on a project.

575
00:33:04,760 --> 00:33:09,960
 So it essentially kind of freezes some rules for them once they submit.

576
00:33:09,960 --> 00:33:14,600
 A preliminary plat, because it is a required application, is considered a permit.

577
00:33:14,600 --> 00:33:22,420
 So a preliminary plat could be a vesting act that would establish those rules.

578
00:33:22,420 --> 00:33:28,160
 So rules or regulations that could vest, that could potentially be frozen under Texas Local

579
00:33:28,160 --> 00:33:33,000
 Government Code, that could be landscaping or tree preservation, open space, property

580
00:33:33,000 --> 00:33:37,000
 classification, and in this instance, lot size and lot dimensions, because that's one

581
00:33:37,000 --> 00:33:41,120
 of the issues related to the plat extension.

582
00:33:41,120 --> 00:33:47,360
 The Denton Development Code also has procedures related to vesting within sub-chapter two.

583
00:33:47,360 --> 00:33:52,180
 And if the plat extension was not approved tonight, the process for this would be to

584
00:33:52,180 --> 00:33:54,760
 submit for a vested rights petition.

585
00:33:54,760 --> 00:33:59,260
 We would review that, and then they would potentially submit a preliminary plat consistent

586
00:33:59,260 --> 00:34:02,040
 with that vested rights determination.

587
00:34:02,040 --> 00:34:07,200
 So even if the plat did not, even if the plat extension was not approved tonight, they could

588
00:34:07,200 --> 00:34:13,560
 potentially get a determinant of a vested rights that would maintain the lot sizes that

589
00:34:13,560 --> 00:34:15,800
 you see in the plat today.

590
00:34:15,800 --> 00:34:18,160
 Did I make, did that, that make sense?

591
00:34:18,160 --> 00:34:19,720
 Did I say that right?

592
00:34:19,720 --> 00:34:21,760
 Yeah, and who makes that decision, Julie?

593
00:34:21,760 --> 00:34:22,760
 I'm sorry?

594
00:34:22,760 --> 00:34:23,760
 Who makes that decision?

595
00:34:23,760 --> 00:34:30,240
 That, under the, it's the city manager ultimately, so staff would analyze that request based

596
00:34:30,240 --> 00:34:35,120
 upon the state law, and then we would talk to our legal department about it, and then

597
00:34:35,120 --> 00:34:37,560
 ultimately it goes to the city manager's office.

598
00:34:37,560 --> 00:34:38,560
 Commissioner Villarreal?

599
00:34:38,560 --> 00:34:39,560
 I'm sorry.

600
00:34:39,560 --> 00:34:43,920
 It's appealable to the Board of Zoning Adjustment.

601
00:34:43,920 --> 00:34:44,920
 Okay.

602
00:34:44,920 --> 00:34:51,040
 So I'm just trying to clarify, so we are not as restricted when it comes to voting on this

603
00:34:51,040 --> 00:34:54,720
 plat extension as we are when it comes to other plats, correct?

604
00:34:54,720 --> 00:35:02,760
 Because I know we are strict restricted under state law when it comes to a traditional plat

605
00:35:02,760 --> 00:35:05,800
 approval denial or extension, but.

606
00:35:05,800 --> 00:35:08,800
 I'm looking to Tina.

607
00:35:08,800 --> 00:35:13,640
 And I was, I'm also looking at Hillary.

608
00:35:13,640 --> 00:35:14,920
 Back up here.

609
00:35:14,920 --> 00:35:17,040
 So you raise a good question.

610
00:35:17,040 --> 00:35:20,640
 Typically on plats, it is a very ministerial function.

611
00:35:20,640 --> 00:35:25,880
 In this case, you have four criteria of consideration that are provided for in the DDC, so you should

612
00:35:25,880 --> 00:35:31,360
 be evaluating the request based upon those four criteria.

613
00:35:31,360 --> 00:35:36,520
 Is there a level of subjectivity that might be able to be applied?

614
00:35:36,520 --> 00:35:38,480
 Possibly.

615
00:35:38,480 --> 00:35:43,480
 But again, it's, you know, we're evaluating the request based upon the four criteria,

616
00:35:43,480 --> 00:35:52,320
 and so it's, it is, it may have maybe a little more flexibility to it compared to when we

617
00:35:52,320 --> 00:35:57,080
 consider plats from a ministerial standpoint, and I'm going to look to my city attorney

618
00:35:57,080 --> 00:35:58,080
 to see if she concurs.

619
00:35:58,080 --> 00:36:03,760
 So I'll concur with what you're saying, and what I would further add is that it's important

620
00:36:03,760 --> 00:36:08,160
 to keep the nature of the request in mind, because what you're being asked to consider

621
00:36:08,160 --> 00:36:09,160
 is very narrow.

622
00:36:09,160 --> 00:36:14,720
 It doesn't relate to whether we like the project or agree with the decisions in 2019, it relates

623
00:36:14,720 --> 00:36:19,160
 to whether we should give them another year, and if so, if there are any conditions, we

624
00:36:19,160 --> 00:36:21,400
 would attach to that.

625
00:36:21,400 --> 00:36:26,040
 And I would concur, and that's why the conversation also earlier about the zoning, that the zoning

626
00:36:26,040 --> 00:36:27,560
 has not changed.

627
00:36:27,560 --> 00:36:31,880
 So we're not here to, again, discuss whether or not we like the outcome of what the zoning

628
00:36:31,880 --> 00:36:35,400
 was that was proved, and I know you all have received quite a bit of correspondence from

629
00:36:35,400 --> 00:36:38,720
 folks that have been interested in this project all along.

630
00:36:38,720 --> 00:36:41,040
 And so the zoning has not changed.

631
00:36:41,040 --> 00:36:46,640
 The name has changed, but the zoning hasn't, and the applicant has a preliminary plat that

632
00:36:46,640 --> 00:36:52,480
 was submitted that is consistent with the zoning regulations that are in effect.

633
00:36:52,480 --> 00:36:56,640
 And so to me, that's why we have a little bit more narrow focus on this as a result

634
00:36:56,640 --> 00:37:00,400
 of the four conditions that are established for evaluation, but also because of the nature

635
00:37:00,400 --> 00:37:01,520
 of this being a plat.

636
00:37:01,520 --> 00:37:06,160
 So I think we do need to be careful from that perspective, because we're evaluating now

637
00:37:06,160 --> 00:37:10,560
 whether it's a plat was submitted, it was reviewed and approved, it met all of the requirements

638
00:37:10,560 --> 00:37:12,720
 of city ordinances at that time.

639
00:37:12,720 --> 00:37:18,320
 Now we have a situation where time has transpired, and the applicant is seeking an extension,

640
00:37:18,320 --> 00:37:20,640
 and now we're having to evaluate it based upon these four conditions.

641
00:37:20,640 --> 00:37:21,640
 - Gotcha.

642
00:37:21,640 --> 00:37:26,240
 So even though our legal liability is lessened, there's still a pretty narrow decision we're

643
00:37:26,240 --> 00:37:27,240
 making today.

644
00:37:27,240 --> 00:37:32,160
 - There is a narrow decision in my opinion, and given what Hillary mentioned in evaluating

645
00:37:32,160 --> 00:37:37,680
 this request, because you have four items in which to evaluate it on, and that's what

646
00:37:37,680 --> 00:37:40,720
 Julie had laid out in her presentation.

647
00:37:40,720 --> 00:37:42,200
 - Thank you.

648
00:37:42,200 --> 00:37:47,400
 - So based upon that discussion, staff does recommend approval.

649
00:37:47,400 --> 00:37:52,160
 The applicant has continued to make progress towards completion since that preliminary

650
00:37:52,160 --> 00:37:53,280
 plat has been approved.

651
00:37:53,280 --> 00:37:57,800
 So we do recommend approval, and I'll be happy to answer any other questions.

652
00:37:57,800 --> 00:38:00,440
 - Question I have is, do we have to extend it for a year?

653
00:38:00,440 --> 00:38:04,000
 Do we have any kind of?

654
00:38:04,000 --> 00:38:08,080
 - I believe the code says up to one year.

655
00:38:08,080 --> 00:38:10,080
 - Okay.

656
00:38:10,080 --> 00:38:15,280
 And then secondly, you had mentioned placing conditions.

657
00:38:15,280 --> 00:38:19,120
 So could it be some kind of condition like the civil engineering plans have got to be

658
00:38:19,120 --> 00:38:20,120
 approved?

659
00:38:20,120 --> 00:38:24,800
 I mean, that's gonna be my question, and I know the applicant's gonna be here, right?

660
00:38:24,800 --> 00:38:25,800
 - Right.

661
00:38:25,800 --> 00:38:28,760
 - Yeah, I mean, 'cause it's like, what is going on?

662
00:38:28,760 --> 00:38:34,160
 What is taking so long that it is August of '22?

663
00:38:34,160 --> 00:38:39,320
 So would that be something that we could play, like you have to do that within a, I don't

664
00:38:39,320 --> 00:38:42,480
 know, four months, six months, something like that, by the end of the year?

665
00:38:42,480 --> 00:38:46,880
 - My interpretation would be that a time-based condition would be appropriate, because one

666
00:38:46,880 --> 00:38:52,040
 of the rationale for imposing conditions is to ensure timely development.

667
00:38:52,040 --> 00:38:58,560
 - Yeah, 'cause I mean, I guess what I'm trying to avoid here is like, you can't just have

668
00:38:58,560 --> 00:39:03,560
 another year locked up in this 2002 development code while you try to think of other things

669
00:39:03,560 --> 00:39:10,480
 that, you know, what I wanna do is make sure that things are moving along, you know, well,

670
00:39:10,480 --> 00:39:14,880
 and as they're supposed to, and that it's not some kind of like, here, let's give you

671
00:39:14,880 --> 00:39:22,720
 another year under this old code, very old code at this point in 2022, you know?

672
00:39:22,720 --> 00:39:26,320
 - And that's also, I mean, that's something that we talked about extensively amongst staff

673
00:39:26,320 --> 00:39:31,680
 is if the commission wanted to impose conditions, what types of conditions would be appropriate

674
00:39:31,680 --> 00:39:33,440
 as it relates to this.

675
00:39:33,440 --> 00:39:40,240
 So here are some suggestions that we came up with as it relates to this, if you're wanting

676
00:39:40,240 --> 00:39:44,940
 to try and consider keeping this moving along and nudging the applicant.

677
00:39:44,940 --> 00:39:50,360
 So one of them was that the two civil engineering plan submissions that we have in-house right

678
00:39:50,360 --> 00:39:53,080
 now would be approved within six months.

679
00:39:53,080 --> 00:39:57,360
 We feel that that's a reasonable timeframe to be able to finish up the engineering.

680
00:39:57,360 --> 00:40:01,440
 We know they had to change engineers midway through this project, but given where we are

681
00:40:01,440 --> 00:40:04,400
 in the review, we think that that could be reasonably accomplished.

682
00:40:04,400 --> 00:40:08,440
 Hopefully that would be accomplished much sooner than that, but we wanna also ensure

683
00:40:08,440 --> 00:40:10,720
 that we have quality engineering happening, right?

684
00:40:10,720 --> 00:40:14,280
 And sometimes the state statute doesn't lend towards that with the shot clock provisions.

685
00:40:14,280 --> 00:40:18,920
 So the second condition then we have would be that the final plot for the phase one would

686
00:40:18,920 --> 00:40:22,260
 be approved within one year of the preliminary plot extension.

687
00:40:22,260 --> 00:40:26,960
 That is already in the debt and development code, but we feel like in this case, it's

688
00:40:26,960 --> 00:40:31,080
 always good to go back and point out the obvious of what's in the code so that the applicant

689
00:40:31,080 --> 00:40:32,080
 knows very much.

690
00:40:32,080 --> 00:40:36,120
 We feel that this is the belt and suspenders condition, if you will.

691
00:40:36,120 --> 00:40:42,480
 The third one then is, I think as Julia explained it earlier, is the Velcro, and that is, if

692
00:40:42,480 --> 00:40:46,920
 the applicant fails to perform the two conditions above, then that preliminary plot would immediately

693
00:40:46,920 --> 00:40:47,920
 expire.

694
00:40:47,920 --> 00:40:53,200
 So it puts the, really two and three are putting the applicant on notice, 'cause the key thing

695
00:40:53,200 --> 00:40:57,560
 is obviously gonna be getting number one accomplished, and then it's already in the DDC that you'd

696
00:40:57,560 --> 00:41:03,880
 have to get a final plot approved for the initial phase within a year's time of that

697
00:41:03,880 --> 00:41:05,400
 preliminary plot extension.

698
00:41:05,400 --> 00:41:11,200
 So if the commission is interested in establishing conditions, we would think that these would

699
00:41:11,200 --> 00:41:15,600
 be appropriate conditions to include, and if you feel that the timeframes need to be

700
00:41:15,600 --> 00:41:19,320
 different, then you're welcome to modify those as well.

701
00:41:19,320 --> 00:41:23,600
 However, I would recommend that as it relates to the final plot, that you not extend it

702
00:41:23,600 --> 00:41:28,960
 beyond one year, because then you're trying to modify existing DDC regulations that you

703
00:41:28,960 --> 00:41:30,920
 don't have the ability to in this case.

704
00:41:30,920 --> 00:41:31,920
 - Right.

705
00:41:31,920 --> 00:41:32,920
 Yep.

706
00:41:32,920 --> 00:41:33,920
 Okay.

707
00:41:33,920 --> 00:41:34,920
 Questions?

708
00:41:34,920 --> 00:41:35,920
 Commissioner Pruitt?

709
00:41:35,920 --> 00:41:37,580
 - Thank you, Chair.

710
00:41:37,580 --> 00:41:38,800
 Just a couple things.

711
00:41:38,800 --> 00:41:43,400
 One, you mentioned in your presentation that, and I'm gonna get the words wrong, but I'm

712
00:41:43,400 --> 00:41:52,720
 gonna try, the preliminary plat was required, and therefore it enacted the potential vested

713
00:41:52,720 --> 00:41:55,600
 rights statute.

714
00:41:55,600 --> 00:42:02,440
 Is my understanding correct that if that preliminary plat had been filed under the 2019 DDC, it

715
00:42:02,440 --> 00:42:06,600
 would not have been required, and therefore it would not trigger that, or am I misinterpreting

716
00:42:06,600 --> 00:42:07,600
 that?

717
00:42:07,600 --> 00:42:13,160
 - No, it's still required under the 2019 DDC for properties within the city of Denton.

718
00:42:13,160 --> 00:42:19,360
 So it would still be potentially a vesting act if it's a requirement.

719
00:42:19,360 --> 00:42:20,360
 - Thank you.

720
00:42:20,360 --> 00:42:21,400
 I just gotta keep up.

721
00:42:21,400 --> 00:42:25,360
 I thought there were certain projects where preliminary plat was no longer required, I

722
00:42:25,360 --> 00:42:26,360
 guess not in larger subdivisions.

723
00:42:26,360 --> 00:42:27,360
 - You're exactly right.

724
00:42:27,360 --> 00:42:32,040
 In the ETJ, we no longer require or permit preliminary plat.

725
00:42:32,040 --> 00:42:33,040
 - Thank you.

726
00:42:33,040 --> 00:42:38,720
 And then number two, I guess it gets back to Tina's comments about how you drew up those

727
00:42:38,720 --> 00:42:41,320
 three things.

728
00:42:41,320 --> 00:42:51,840
 I'd like to understand better how staff arrived at the proposal of the six-month and one-year

729
00:42:51,840 --> 00:43:00,720
 timelines, because I don't have a real good feel for what is the distribution of the time

730
00:43:00,720 --> 00:43:05,560
 that it should take for a subdivision of this size, so I have a hard time knowing what is

731
00:43:05,560 --> 00:43:06,560
 appropriate, right?

732
00:43:06,560 --> 00:43:11,080
 I mean, just to be honest, when my five-year-old does something wrong and I tell him, "Don't

733
00:43:11,080 --> 00:43:16,720
 do that," and then he comes back five minutes later and he does it again, the expectation

734
00:43:16,720 --> 00:43:19,360
 and punishment is harder that second time, right?

735
00:43:19,360 --> 00:43:26,160
 And so I tried to scale back my permissiveness, right, so that I catch him early as opposed

736
00:43:26,160 --> 00:43:32,960
 to giving him typical or longer than that expectations, if that makes sense.

737
00:43:32,960 --> 00:43:37,400
 - So again, as I mentioned earlier, we believe that as it relates to the civil engineering

738
00:43:37,400 --> 00:43:41,720
 plans because there are two sets of plans that they're having to get finalized, that

739
00:43:41,720 --> 00:43:44,520
 we believe that that can be accomplished within six months.

740
00:43:44,520 --> 00:43:48,400
 And you're more than welcome to ask the applicant this evening when they're here if this is

741
00:43:48,400 --> 00:43:51,120
 a path that you're interested in going down with respect to these conditions as to whether

742
00:43:51,120 --> 00:43:55,360
 or not they believe that they can get that achieved.

743
00:43:55,360 --> 00:43:59,540
 At the end of the day, we want to ensure that we have quality engineering design that meets

744
00:43:59,540 --> 00:44:01,960
 all of our development standards.

745
00:44:01,960 --> 00:44:05,280
 They are, I was looking at the summary sheet that the applicant provided, I believe they're

746
00:44:05,280 --> 00:44:08,000
 on their seventh submittal on their civil engineering plans.

747
00:44:08,000 --> 00:44:10,240
 I would hope we'd be able to get them completed.

748
00:44:10,240 --> 00:44:13,280
 I do understand that we had an engineering change midway through.

749
00:44:13,280 --> 00:44:17,800
 So presumably with the new engineer, we're maybe on the third or fourth review with them.

750
00:44:17,800 --> 00:44:22,240
 That's not uncommon at times associated with civil engineering plans, especially on a single

751
00:44:22,240 --> 00:44:24,220
 family residential subdivision.

752
00:44:24,220 --> 00:44:29,040
 And so, but again, we believe that the timeframe within six months is appropriate.

753
00:44:29,040 --> 00:44:33,320
 If the commission wants to shorten that timeframe, then I would strongly encourage you to ask

754
00:44:33,320 --> 00:44:39,380
 the applicant if the shortened timeframe that you have in mind is reasonably achievable.

755
00:44:39,380 --> 00:44:44,800
 But we believe six months would be, and then that gives them also then basically a following

756
00:44:44,800 --> 00:44:52,000
 six months to get that final plat submitted into us for review and approval because that

757
00:44:52,000 --> 00:44:55,620
 final plat for the first phase of development would have to be approved.

758
00:44:55,620 --> 00:45:00,440
 So we're factoring in them getting their plat submitted into us, being able to get that

759
00:45:00,440 --> 00:45:05,880
 under review, getting all the corrections that are made associated with it.

760
00:45:05,880 --> 00:45:09,520
 Obviously, we're having to perform in accordance with the shot clock provisions, but they would

761
00:45:09,520 --> 00:45:12,280
 need to then get that approved by the commission.

762
00:45:12,280 --> 00:45:16,780
 Then we would take that and get that filed of record at the county.

763
00:45:16,780 --> 00:45:20,680
 So we feel like it's six months is reasonable to finish civil engineering plans on both

764
00:45:20,680 --> 00:45:24,040
 of those two projects again, because we're doing civil engineering plans for the subdivision

765
00:45:24,040 --> 00:45:26,920
 plus civil engineering plans on the lift station.

766
00:45:26,920 --> 00:45:30,040
 And then once they get that accomplished, then they should be able to get a final plat

767
00:45:30,040 --> 00:45:39,160
 submitted into us and have that reviewed and approved within a six month timeframe.

768
00:45:39,160 --> 00:45:40,160
 Anything else?

769
00:45:40,160 --> 00:45:41,160
 Commissioner Cole?

770
00:45:41,160 --> 00:45:49,960
 Just real quick, Tina, in your opinion, all this engineering, if we had in-house engineers

771
00:45:49,960 --> 00:45:59,280
 versus consult, you know, shipping it out, would that make any difference in time because

772
00:45:59,280 --> 00:46:04,400
 these firms, these engineering firms, were, you know, shipping these out to, they got

773
00:46:04,400 --> 00:46:06,160
 other clients?

774
00:46:06,160 --> 00:46:12,360
 So if we had in-house engineering, would that make a difference in time and efficiency?

775
00:46:12,360 --> 00:46:13,360
 In my opinion, no.

776
00:46:13,360 --> 00:46:14,360
 No.

777
00:46:14,360 --> 00:46:18,480
 And I want to be careful that we're not deviating too far from the posting related to this.

778
00:46:18,480 --> 00:46:22,440
 But the short answer is, in my opinion, no.

779
00:46:22,440 --> 00:46:25,960
 Okay, thanks, Julie.

780
00:46:25,960 --> 00:46:33,200
 Sorry, just one very small thing so that I read your table correctly, that table of comparisons.

781
00:46:33,200 --> 00:46:42,760
 You mentioned that, again, if they had to resubmit a preliminary plat, my understanding

782
00:46:42,760 --> 00:46:47,520
 is they would still be bound to the overlay conditions which were then translated to the

783
00:46:47,520 --> 00:46:48,520
 PD.

784
00:46:48,520 --> 00:46:49,520
 Correct.

785
00:46:49,520 --> 00:46:50,520
 Is that correct?

786
00:46:50,520 --> 00:46:51,520
 Yes.

787
00:46:51,520 --> 00:46:52,520
 Okay, thank you.

788
00:46:52,520 --> 00:46:56,040
 Good on this one, okay.

789
00:46:56,040 --> 00:46:57,040
 Thank you, Julie.

790
00:46:57,040 --> 00:46:58,040
 All right.

791
00:46:58,040 --> 00:47:02,860
 Given time and what we still have, what I'm going to do with the rest of these, which

792
00:47:02,860 --> 00:47:08,520
 all seem to be plats, I'm going to ask the commission if they need any clarification,

793
00:47:08,520 --> 00:47:09,520
 okay?

794
00:47:09,520 --> 00:47:13,140
 Because we're going to run out of time when we discuss our public hearing.

795
00:47:13,140 --> 00:47:16,280
 So we'll go to 4C.

796
00:47:16,280 --> 00:47:18,520
 That was a very late email.

797
00:47:18,520 --> 00:47:25,000
 I don't know if you all saw it, but that has changed from an extension request to approval.

798
00:47:25,000 --> 00:47:26,000
 Correct, Julie?

799
00:47:26,000 --> 00:47:27,000
 Correct.

800
00:47:27,000 --> 00:47:28,000
 Yeah.

801
00:47:28,000 --> 00:47:30,640
 Are we good questions?

802
00:47:30,640 --> 00:47:33,520
 That was emailed like right before our meeting started.

803
00:47:33,520 --> 00:47:34,520
 Yeah.

804
00:47:34,520 --> 00:47:38,440
 Okay, then 4D is an extension request.

805
00:47:38,440 --> 00:47:41,960
 Any questions needing clarified there?

806
00:47:41,960 --> 00:47:45,240
 Okay, 4E is also an extension request.

807
00:47:45,240 --> 00:47:48,600
 The date certain on those is 8/24.

808
00:47:48,600 --> 00:47:53,820
 Okay, that is the same with 4F.

809
00:47:53,820 --> 00:48:00,960
 And anybody on staff, if I have this wrong, please run up to the podium for me.

810
00:48:00,960 --> 00:48:07,800
 For G, Commissioner Cole, you'll be recused on that.

811
00:48:07,800 --> 00:48:10,320
 That is recommended for approval.

812
00:48:10,320 --> 00:48:16,520
 4H is an extension request to 8/24.

813
00:48:16,520 --> 00:48:27,320
 4I, I have denial, is recommended for denial, it's already had an extension, I believe.

814
00:48:27,320 --> 00:48:34,520
 No, for that one we did receive a request.

815
00:48:34,520 --> 00:48:35,520
 Sorry.

816
00:48:35,520 --> 00:48:36,520
 Sorry, Mia.

817
00:48:36,520 --> 00:48:37,520
 Yes, for that one we did receive a request.

818
00:48:37,520 --> 00:48:38,520
 4I.

819
00:48:38,520 --> 00:48:39,520
 An extension request, yes.

820
00:48:39,520 --> 00:48:40,520
 An extension request to 8/24.

821
00:48:40,520 --> 00:48:43,680
 Okay, thank you for clarifying that.

822
00:48:43,680 --> 00:48:52,280
 All right, 4J is an extension request to 8/24.

823
00:48:52,280 --> 00:48:59,200
 Commissioner Cole, you are recused on 4K, correct?

824
00:48:59,200 --> 00:49:04,120
 Do we have questions on that from anybody else?

825
00:49:04,120 --> 00:49:06,040
 Okay.

826
00:49:06,040 --> 00:49:13,200
 Okay, before then we move to discussing through our public hearings tonight, do you all want

827
00:49:13,200 --> 00:49:16,800
 a break for food and come back?

828
00:49:16,800 --> 00:49:21,120
 Being that it's 549, I'm going to take a vote, it's a yes, it's a yes.

829
00:49:21,120 --> 00:49:26,200
 Okay, so I need you to do it quickly because we do have several items to discuss.

830
00:49:26,200 --> 00:49:31,480
 So I will adjourn us at 550, grab your food when we're back here, I will call us back

831
00:49:31,480 --> 00:49:32,480
 to order.

832
00:49:32,480 --> 00:49:33,480
 Okay, thanks.

833
00:49:33,480 --> 00:49:38,080
 Commissioner Cole.

834
00:49:38,080 --> 00:49:39,080
 Thank you for your patience.

835
00:49:39,080 --> 00:49:44,720
 I will call our work session back to order at 559 p.m., and we will begin discussion

836
00:49:44,720 --> 00:49:54,880
 on our clarification of agenda items, calling up public hearings, 5A is AESA22-000.

837
00:49:54,880 --> 00:49:58,920
 I'll invite Christy up for this discussion.

838
00:49:58,920 --> 00:50:04,560
 Commissioner Cole is recusing on this item, and for the commissioners who will be voting

839
00:50:04,560 --> 00:50:07,960
 on those items, Cole is recused.

840
00:50:07,960 --> 00:50:13,160
 In order for the item to pass, it would have to pass with four affirmative votes.

841
00:50:13,160 --> 00:50:17,480
 So if we do have a 3-1, even though that's a majority, that would still be a denial just

842
00:50:17,480 --> 00:50:20,380
 because we need four.

843
00:50:20,380 --> 00:50:25,960
 So just putting that there, and Christy, I'll give it to you.

844
00:50:25,960 --> 00:50:26,960
 Okay, thank you.

845
00:50:26,960 --> 00:50:27,960
 Thank you.

846
00:50:27,960 --> 00:50:32,720
 And then make it like the short presentation, only because we've got four others.

847
00:50:32,720 --> 00:50:33,720
 Absolutely.

848
00:50:33,720 --> 00:50:34,720
 Thank you.

849
00:50:34,720 --> 00:50:35,720
 Two slides for you.

850
00:50:35,720 --> 00:50:36,720
 Perfect.

851
00:50:36,720 --> 00:50:37,720
 Thank you very much.

852
00:50:37,720 --> 00:50:43,480
 Christy Upton, Environmental Compliance Coordinator, and I will be presenting Alternative ESA Plan

853
00:50:43,480 --> 00:50:50,480
 22-2, Ditten Exeter, West Park Edition Number 3.

854
00:50:50,480 --> 00:50:57,680
 And the purpose of this request is for the deviation from Section 7.4 of the Ditten Development

855
00:50:57,680 --> 00:51:02,280
 Code, which requires the protection of certain environmentally sensitive areas.

856
00:51:02,280 --> 00:51:08,040
 And I'll get into more detail about those particular protection requirements during the

857
00:51:08,040 --> 00:51:12,920
 public hearing, but for right now, I wanted to let you know that the request is for the

858
00:51:12,920 --> 00:51:19,760
 construction of these two stormwater outfalls, and I wanted to point out that the placement

859
00:51:19,760 --> 00:51:29,160
 of the utility in the undeveloped floodplain ESA is permitted, is the riparian buffer that's

860
00:51:29,160 --> 00:51:34,520
 within that undeveloped floodplain that is not permitted any land disturbances.

861
00:51:34,520 --> 00:51:39,300
 So this request is strictly for those land disturbances.

862
00:51:39,300 --> 00:51:45,240
 The applicant is proposing to revegetate the impacted areas and extending that impacts

863
00:51:45,240 --> 00:51:51,280
 beyond that to all those areas shown in green, and that the staff is recommending approval

864
00:51:51,280 --> 00:51:56,520
 with conditions that were in your backup material, and we'll go over that at the public hearing.

865
00:51:56,520 --> 00:51:59,280
 And with that, I'll take any questions right now.

866
00:51:59,280 --> 00:52:02,480
 Great, Christy, do we have questions on this?

867
00:52:02,480 --> 00:52:08,280
 It was a nice detailed backup for us, so appreciate that.

868
00:52:08,280 --> 00:52:09,280
 Okay.

869
00:52:09,280 --> 00:52:12,200
 Thank you very much.

870
00:52:12,200 --> 00:52:20,760
 So then we would go to 5B is Z220008, Julie, sorry to interrupt your dinner.

871
00:52:20,760 --> 00:52:22,760
 That is all right.

872
00:52:22,760 --> 00:52:23,760
 Okay.

873
00:52:23,760 --> 00:52:27,560
 I will be much shorter on this one for the work session.

874
00:52:27,560 --> 00:52:30,320
 Hi, Julie Wyatt, senior planner with the City of Denton.

875
00:52:30,320 --> 00:52:38,600
 This is Z22-0008, Asbury UMC rezoning.

876
00:52:38,600 --> 00:52:40,680
 I just want to summarize the project.

877
00:52:40,680 --> 00:52:45,440
 The request is to rezone the subject property from R2 district to SC district.

878
00:52:45,440 --> 00:52:47,520
 It's about 13 acres.

879
00:52:47,520 --> 00:52:52,120
 The property is located at the intersection of Locust and Hercules outlined in yellow

880
00:52:52,120 --> 00:52:54,520
 on the screen.

881
00:52:54,520 --> 00:52:59,000
 The purpose of the rezoning is to, the applicant has indicated they would like to install a

882
00:52:59,000 --> 00:53:04,040
 telecommunications facility, which is necessitating that rezoning.

883
00:53:04,040 --> 00:53:10,600
 The subject property is, or the Denton 2040 plan indicates the area is community mixed

884
00:53:10,600 --> 00:53:16,920
 use, and the proposed SC zoning is consistent with the future land use map, and it complies

885
00:53:16,920 --> 00:53:21,360
 with the criteria for approval, so staff is recommending approval of the request.

886
00:53:21,360 --> 00:53:23,480
 I'll be happy to answer any questions.

887
00:53:23,480 --> 00:53:27,960
 The applicant is here, and we'll be making a presentation, and we'll be able to answer

888
00:53:27,960 --> 00:53:28,960
 your questions tonight.

889
00:53:28,960 --> 00:53:31,880
 Julie, I do have one question for you.

890
00:53:31,880 --> 00:53:42,360
 Did staff consider a lesser zoning, or, my concern is this is, I know it looks pretty

891
00:53:42,360 --> 00:53:47,240
 on the map, like when we do that, and we make that whole like rectangular, you know, SC,

892
00:53:47,240 --> 00:53:51,200
 but to me this little corner doesn't speak SC to me.

893
00:53:51,200 --> 00:53:56,520
 You know, SC is supposed to be this high traffic corridor.

894
00:53:56,520 --> 00:53:57,520
 It's not.

895
00:53:57,520 --> 00:54:03,640
 I mean, it is surrounded on three sides by pretty dense residential, so I'm confused

896
00:54:03,640 --> 00:54:08,280
 as to maybe why maybe an MN, which they could still do the poll.

897
00:54:08,280 --> 00:54:09,280
 Yes.

898
00:54:09,280 --> 00:54:12,000
 So, did we have that discussion, or not?

899
00:54:12,000 --> 00:54:13,680
 We looked at it internally.

900
00:54:13,680 --> 00:54:19,080
 SC was consistent with the future land use map, and when we analyzed the project, we

901
00:54:19,080 --> 00:54:23,400
 really looked at the permitted uses in SC and kind of the need for commercial development

902
00:54:23,400 --> 00:54:26,240
 in the area, and we felt like it was consistent with it.

903
00:54:26,240 --> 00:54:32,880
 MN is kind of a different district, you know, and we looked at them, and I have a comparison

904
00:54:32,880 --> 00:54:37,680
 slide of those two districts that if you want to, actually if you want to talk about it,

905
00:54:37,680 --> 00:54:39,880
 we could do that now.

906
00:54:39,880 --> 00:54:45,240
 Let me get there.

907
00:54:45,240 --> 00:54:51,040
 Unhide, okay.

908
00:54:51,040 --> 00:54:55,520
 So we looked at it, we looked at the development standards, the permitted uses, and how that

909
00:54:55,520 --> 00:55:03,040
 would impact the existing development on the site, and given the SC and the MN, so SC does

910
00:55:03,040 --> 00:55:10,820
 have a larger front setback, so it would pull any development, any buildings away from Hercules,

911
00:55:10,820 --> 00:55:15,600
 as opposed to MN, which has a closer front setback of 10 feet.

912
00:55:15,600 --> 00:55:20,840
 MN also has design standards where front parking is not permitted, so buildings would be built

913
00:55:20,840 --> 00:55:25,760
 right up into, would be required to be built right up against the street of Hercules for

914
00:55:25,760 --> 00:55:30,200
 that property adjacent to Hercules, so we felt like those development standards associated

915
00:55:30,200 --> 00:55:37,320
 with MN may not be necessarily appropriate in terms of impacts to the adjacent property.

916
00:55:37,320 --> 00:55:41,000
 We also looked at the permitted uses.

917
00:55:41,000 --> 00:55:45,880
 Multifamily is permitted by right in MN, it requires a specific use permit in SC.

918
00:55:45,880 --> 00:55:52,300
 SC does have some additional automotive uses that do require additional approvals in MN,

919
00:55:52,300 --> 00:55:57,120
 so it's kind of trading one for the other, but both of them allow for a lot of commercial

920
00:55:57,120 --> 00:56:02,640
 uses intended for that neighborhood serving, so we felt like while MN could have potentially

921
00:56:02,640 --> 00:56:06,400
 been appropriate in the area, we also felt like SC was appropriate.

922
00:56:06,400 --> 00:56:11,000
 Additionally, one other thing to think about, there is an existing religious facility on

923
00:56:11,000 --> 00:56:16,520
 the property, and it is designed in a more suburban development pattern with the parking

924
00:56:16,520 --> 00:56:19,080
 up front, the building setback.

925
00:56:19,080 --> 00:56:24,760
 MN, if it were approved on the property, would potentially make that one non-conforming in

926
00:56:24,760 --> 00:56:30,040
 terms of site design and site features, and so just to keep it consistent with what the

927
00:56:30,040 --> 00:56:36,480
 existing property was developed as, and that existing zoning to the north of the property,

928
00:56:36,480 --> 00:56:43,160
 we felt like SC was a better fit.

929
00:56:43,160 --> 00:56:45,960
 We don't know how it would develop in the future, you're correct.

930
00:56:45,960 --> 00:56:49,800
 My problem is the way we describe SC, which I wrote down here, which is intended to provide

931
00:56:49,800 --> 00:56:55,040
 moderate to high intensity commercial office and retail uses along high traffic corridors.

932
00:56:55,040 --> 00:56:57,120
 That's the definition of SC.

933
00:56:57,120 --> 00:57:03,760
 To me, when you've got it there, plugged into basically in front of three residential neighborhoods,

934
00:57:03,760 --> 00:57:09,480
 it's a little bit, I guess it's two, because that's one right there, but I'm not sure if

935
00:57:09,480 --> 00:57:12,360
 it's the description, so that's why I have had my question.

936
00:57:12,360 --> 00:57:13,360
 Okay.

937
00:57:13,360 --> 00:57:14,360
 Commissioner, approve it.

938
00:57:14,360 --> 00:57:18,200
 Yeah, I don't want to drag this on, I know we're limited on time, but just real quickly,

939
00:57:18,200 --> 00:57:25,040
 did staff inquire as to whether a replatting into two separate parcels and only rezoning

940
00:57:25,040 --> 00:57:29,600
 one of those parcels was a possibility, and if so, what was the reasoning for not doing

941
00:57:29,600 --> 00:57:30,600
 that?

942
00:57:30,600 --> 00:57:36,200
 And it's funny you say that, because their original request was just for the undeveloped

943
00:57:36,200 --> 00:57:40,720
 area surrounding the religious facility use on site.

944
00:57:40,720 --> 00:57:49,040
 We do have a determination that a driveway is part of the use, and therefore you cannot

945
00:57:49,040 --> 00:57:57,760
 take access through a property where the zoning on that property does not permit the use.

946
00:57:57,760 --> 00:58:05,060
 So given the R2 that is existing for that religious facility, the intent is for the

947
00:58:05,060 --> 00:58:10,560
 telecommunications tower to take access through the existing driveway, so as not to add any

948
00:58:10,560 --> 00:58:15,600
 additional driveways on Hercules to minimize the impacts.

949
00:58:15,600 --> 00:58:22,080
 I lost my train of thought.

950
00:58:22,080 --> 00:58:28,200
 They actually ended up adding in that religious facility tract to the request to allow for

951
00:58:28,200 --> 00:58:34,520
 that driveway to go through that church property to get to that future telecommunications use.

952
00:58:34,520 --> 00:58:40,480
 Sorry, I know that was convoluted, but hopefully I answered your question.

953
00:58:40,480 --> 00:58:41,480
 Okay.

954
00:58:41,480 --> 00:58:44,120
 Everybody good?

955
00:58:44,120 --> 00:58:45,120
 Thank you, Julie.

956
00:58:45,120 --> 00:58:46,120
 Thank you.

957
00:58:46,120 --> 00:58:52,960
 Okay, so that will bring us to 5CZ220004, which has been postponed, so we will not be

958
00:58:52,960 --> 00:58:55,040
 taking action on that tonight.

959
00:58:55,040 --> 00:59:00,720
 5DZ210019, Mia, this is your item.

960
00:59:00,720 --> 00:59:01,720
 How are you?

961
00:59:01,720 --> 00:59:02,720
 I am good.

962
00:59:02,720 --> 00:59:03,720
 Good.

963
00:59:03,720 --> 00:59:04,720
 How are you all?

964
00:59:04,720 --> 00:59:05,720
 Good.

965
00:59:05,720 --> 00:59:06,720
 Eating?

966
00:59:06,720 --> 00:59:07,720
 Okay.

967
00:59:07,720 --> 00:59:33,880
 Okay, Mia Hines, Associate Planner, just a brief summary, this is a rezoning request

968
00:59:33,880 --> 00:59:40,480
 for about 3.8 acres in the Razor Ranch overlay district, from the Razor Ranch overlay district

969
00:59:40,480 --> 00:59:45,220
 to the straight mixed use neighborhood MN zoning district.

970
00:59:45,220 --> 00:59:51,480
 The request would also ultimately or effectively amend the Razor Ranch overlay zoning exhibit

971
00:59:51,480 --> 00:59:57,160
 and concept exhibit as those two parcels would be removed from the overlay district.

972
00:59:57,160 --> 01:00:01,240
 It does comply with the future land use designation of regional mixed use.

973
01:00:01,240 --> 01:00:08,560
 We do have a mixed use regional district, but given the proximity to existing residential

974
01:00:08,560 --> 01:00:14,920
 on the other side of Bonnie Bray, the MN district would serve as sort of a more natural and

975
01:00:14,920 --> 01:00:20,640
 a cohesive land use transition from the higher density and commercial uses permitted within

976
01:00:20,640 --> 01:00:26,940
 the RRO district to the low density residential across the street from Bonnie Bray.

977
01:00:26,940 --> 01:00:31,500
 So with that, staff is recommending approval of this request, and of course your options

978
01:00:31,500 --> 01:00:37,460
 are to recommend approval, denial, or postpone the request to a specific date.

979
01:00:37,460 --> 01:00:43,360
 And this is basically because what they want to develop there is not within the overlay,

980
01:00:43,360 --> 01:00:44,360
 right?

981
01:00:44,360 --> 01:00:45,360
 Correct, yeah.

982
01:00:45,360 --> 01:00:47,840
 They need to pull it out to be able to develop what they would like.

983
01:00:47,840 --> 01:00:48,840
 Yes, ma'am.

984
01:00:48,840 --> 01:00:55,600
 The applicant intended to, once these discussions started, they intended to do a medical facility

985
01:00:55,600 --> 01:00:59,780
 with a drive-through or a pharmacy use with a drive-through facility, and the Razor Ranch

986
01:00:59,780 --> 01:01:03,560
 overlay does not permit drive-through facilities on this particular sub-area.

987
01:01:03,560 --> 01:01:05,040
 I see.

988
01:01:05,040 --> 01:01:06,040
 Okay.

989
01:01:06,040 --> 01:01:07,040
 Okay.

990
01:01:07,040 --> 01:01:10,320
 Any questions on this?

991
01:01:10,320 --> 01:01:11,320
 Thank you very much.

992
01:01:11,320 --> 01:01:12,320
 Excuse me.

993
01:01:12,320 --> 01:01:15,080
 Also, the applicant will be here if you guys have any questions for them.

994
01:01:15,080 --> 01:01:16,080
 Great.

995
01:01:16,080 --> 01:01:17,080
 Okay.

996
01:01:17,080 --> 01:01:23,080
 Then that will take us to, let's see, 5EZ-22-0009.

997
01:01:23,080 --> 01:01:25,080
 Whose item is this?

998
01:01:25,080 --> 01:01:26,080
 Angie's.

999
01:01:26,080 --> 01:01:27,400
 That's right.

1000
01:01:27,400 --> 01:01:29,360
 Hi, Angie.

1001
01:01:29,360 --> 01:01:32,000
 Hi, everyone.

1002
01:01:32,000 --> 01:01:34,800
 Good evening.

1003
01:01:34,800 --> 01:01:39,240
 Just a second.

1004
01:01:39,240 --> 01:01:40,240
 Okay.

1005
01:01:40,240 --> 01:01:44,840
 Angie Mingler, Senior Planner with the City of Denton.

1006
01:01:44,840 --> 01:01:47,960
 This is Project Z-22-009.

1007
01:01:47,960 --> 01:01:51,600
 It is a rezoning case for Project Cowboy.

1008
01:01:51,600 --> 01:01:56,200
 Brief summary of this case, the purpose of this request is to rezone approximately 10

1009
01:01:56,200 --> 01:02:02,280
 acres of land situated roughly 400 feet east of Northwestern Boulevard and 1,400 feet north

1010
01:02:02,280 --> 01:02:07,160
 of Jim Crystal Road from Residential 2 to Heavy Industrial.

1011
01:02:07,160 --> 01:02:12,600
 The purpose of the zoning request is to align this 10-acre tract of land with existing Heavy

1012
01:02:12,600 --> 01:02:17,520
 Industrial to the southeast and west of the site that's owned by the same owner for future

1013
01:02:17,520 --> 01:02:22,620
 development at the northeast intersection of Western Boulevard and Jim Crystal Road.

1014
01:02:22,620 --> 01:02:26,600
 The Denton Comprehensive Plan does call for this area and the future land use plan to

1015
01:02:26,600 --> 01:02:28,920
 be industrial commerce.

1016
01:02:28,920 --> 01:02:32,900
 Staff is recommending approval of this request as it is consistent with the future land use

1017
01:02:32,900 --> 01:02:39,320
 plan and complies with criteria for approval in DDC Section 2.

1018
01:02:39,320 --> 01:02:43,480
 The applicant will be here this evening to answer any questions.

1019
01:02:43,480 --> 01:02:47,800
 Any questions on this one?

1020
01:02:47,800 --> 01:02:48,800
 That's pretty straightforward.

1021
01:02:48,800 --> 01:02:49,800
 Okay.

1022
01:02:49,800 --> 01:02:50,800
 Thanks, Angie.

1023
01:02:50,800 --> 01:02:51,800
 I don't see any questions.

1024
01:02:51,800 --> 01:02:52,800
 Okay.

1025
01:02:52,800 --> 01:02:55,240
 Then we've got, where are we?

1026
01:02:55,240 --> 01:03:01,200
 We are on 5F, DCA-22-0003.

1027
01:03:01,200 --> 01:03:02,200
 Hello, Ron.

1028
01:03:02,200 --> 01:03:11,720
 >> Good evening, Chair, members of the Commission.

1029
01:03:11,720 --> 01:03:12,720
 Good evening again.

1030
01:03:12,720 --> 01:03:15,480
 I'm Ron Degida, principal planner with Development Services.

1031
01:03:15,480 --> 01:03:21,000
 This particular code amendment item, some of you are familiar with it.

1032
01:03:21,000 --> 01:03:23,780
 Some of you are more familiar with it.

1033
01:03:23,780 --> 01:03:28,880
 Those members of the DCRC that have recently reviewed this code amendment as part of our

1034
01:03:28,880 --> 01:03:29,880
 discussions.

1035
01:03:29,880 --> 01:03:32,120
 So, data centers.

1036
01:03:32,120 --> 01:03:38,480
 Data centers, back in 2019 when we updated our development code, we didn't really contemplate

1037
01:03:38,480 --> 01:03:39,480
 this use.

1038
01:03:39,480 --> 01:03:46,040
 However, August, roughly the summer of 2021, there was a lot of interest of this type of

1039
01:03:46,040 --> 01:03:47,040
 use.

1040
01:03:47,040 --> 01:03:51,560
 And so, we brought this to the Planning Zoning Commission around October of 2021.

1041
01:03:51,560 --> 01:03:57,840
 And at that meeting, there was a request by the Commission to bring this to the DCRC,

1042
01:03:57,840 --> 01:03:58,840
 which we did.

1043
01:03:58,840 --> 01:04:02,520
 So, there was a lot of discussion with the DCRC.

1044
01:04:02,520 --> 01:04:08,080
 As you can see, there was meetings held in April, excuse me, as well as in May.

1045
01:04:08,080 --> 01:04:14,120
 A lot of the discussion was related to the two types of uses, both the modular data center

1046
01:04:14,120 --> 01:04:20,800
 as well as the warehouse module center, I'm sorry, data center.

1047
01:04:20,800 --> 01:04:25,360
 Also the use-specific standards that were discussed, and that I will be presenting to

1048
01:04:25,360 --> 01:04:28,120
 you here in a little bit.

1049
01:04:28,120 --> 01:04:32,680
 That was a lot of discussion through the DCRC, a lot of going back and forth, and we believe

1050
01:04:32,680 --> 01:04:39,880
 we have a draft here or proposal that is something that is going to be a good one and it will

1051
01:04:39,880 --> 01:04:43,520
 address the issues that were brought up.

1052
01:04:43,520 --> 01:04:46,880
 Just quickly on the right is a summary of those code amendments that we are going to

1053
01:04:46,880 --> 01:04:49,480
 specifically talk about.

1054
01:04:49,480 --> 01:04:54,840
 We're amending Table 5.2-A, which is the Table of Allowed Uses.

1055
01:04:54,840 --> 01:05:01,160
 And again, we are proposing to add two of the uses, which again is the data center modular

1056
01:05:01,160 --> 01:05:04,440
 and the data center warehouse.

1057
01:05:04,440 --> 01:05:09,040
 We are also proposing use-specific standards for each of those uses, and again, I'll go

1058
01:05:09,040 --> 01:05:11,320
 through that with my presentation.

1059
01:05:11,320 --> 01:05:15,680
 We're also adding minimum parking requirements for these uses, and then lastly, we're amending

1060
01:05:15,680 --> 01:05:21,320
 the definitions of the three that you see here, again, the two uses as well as electric

1061
01:05:21,320 --> 01:05:24,400
 substation.

1062
01:05:24,400 --> 01:05:28,580
 So the first use is the data center modular.

1063
01:05:28,580 --> 01:05:36,400
 This modular use is, as you can see here on the right, are these containers that serve

1064
01:05:36,400 --> 01:05:41,480
 the purpose primarily to have remote storing.

1065
01:05:41,480 --> 01:05:46,840
 It's gathering and processing and analyzing large amount of data and information.

1066
01:05:46,840 --> 01:05:48,440
 That's what they do.

1067
01:05:48,440 --> 01:05:53,880
 The setup is, as you see here, and that's why it's referred to as a modular data center.

1068
01:05:53,880 --> 01:06:00,120
 They can be constructed or could be structures that are pods, shipping containers, cargo

1069
01:06:00,120 --> 01:06:04,320
 containers, as well as any similar storage containers.

1070
01:06:04,320 --> 01:06:13,440
 Again, the photos there illustrate those containers and how they can be situated on a property.

1071
01:06:13,440 --> 01:06:20,900
 Below the definition is a table that illustrates where these uses are proposed to be located.

1072
01:06:20,900 --> 01:06:26,120
 You're looking at the LI, the HI, and the PF zoning districts.

1073
01:06:26,120 --> 01:06:30,320
 The requirement there would be a specific use permit, so if someone wanted to propose

1074
01:06:30,320 --> 01:06:34,800
 a modular data center, they would have to apply for a specific use permit.

1075
01:06:34,800 --> 01:06:42,320
 As far as parking requirements, it's one space per employee at the largest shift.

1076
01:06:42,320 --> 01:06:46,080
 I won't spend too much time on this, but I just want to highlight a couple of the use-specific

1077
01:06:46,080 --> 01:06:47,080
 standards.

1078
01:06:47,080 --> 01:06:53,320
 Firstly, the modular data center shall be opaquely screened from the public right-of-way.

1079
01:06:53,320 --> 01:06:58,160
 Adjacent residential use and zoning districts shall be set back from an adjacent zoning

1080
01:06:58,160 --> 01:07:05,280
 district about no less than 100 feet measured from the property line.

1081
01:07:05,280 --> 01:07:12,400
 The landscape area point system, we're requiring two elements where it is currently one.

1082
01:07:12,400 --> 01:07:17,880
 An environmental noise and vibration assessment be provided as part of their submittal.

1083
01:07:17,880 --> 01:07:24,380
 This is to identify any noise impact or vibration impacts and how that could be mitigated as

1084
01:07:24,380 --> 01:07:28,320
 part of their project.

1085
01:07:28,320 --> 01:07:33,440
 Also the noise maximum for this type of use measured from the property line is going to

1086
01:07:33,440 --> 01:07:37,040
 be no more than 60 dBA.

1087
01:07:37,040 --> 01:07:42,520
 And lastly, if there is an onsite electric substation proposed as part of this use, they

1088
01:07:42,520 --> 01:07:47,360
 must comply with a section that's in our development code that specifically addresses the design

1089
01:07:47,360 --> 01:07:50,880
 of an electric substation.

1090
01:07:50,880 --> 01:07:54,000
 The second type of use is data center warehouse.

1091
01:07:54,000 --> 01:07:58,800
 This is a little bit more what you see around the Metroplex.

1092
01:07:58,800 --> 01:08:02,480
 I've got two examples that shows what they look like.

1093
01:08:02,480 --> 01:08:08,880
 This specifically is for buildings or building that houses the same use or purpose that we

1094
01:08:08,880 --> 01:08:12,600
 already discussed as part of the data center.

1095
01:08:12,600 --> 01:08:23,520
 Where staff is proposing the use is in the GOLI, HI, and PF by right for the MR, SC,

1096
01:08:23,520 --> 01:08:27,960
 and HC with a specific use permit.

1097
01:08:27,960 --> 01:08:32,920
 As far as the parking requirement, it's one space per 3,500 square feet of gross floor

1098
01:08:32,920 --> 01:08:33,920
 area.

1099
01:08:33,920 --> 01:08:39,900
 Or they can submit a parking study and have it determined by the director if that parking

1100
01:08:39,900 --> 01:08:44,920
 amount is appropriate.

1101
01:08:44,920 --> 01:08:49,520
 So the two examples I have here is the Facebook Hub located at Fort Worth, Texas.

1102
01:08:49,520 --> 01:08:53,380
 You can see that particular data center is made up of multiple buildings.

1103
01:08:53,380 --> 01:08:55,940
 They're fairly large in size.

1104
01:08:55,940 --> 01:09:01,000
 The Equinox data center in Plano is made up of one building, a very large building, and

1105
01:09:01,000 --> 01:09:06,640
 again a very large as far as their square footage.

1106
01:09:06,640 --> 01:09:11,240
 With that, because they could be large, we are proposing use specific standards in the

1107
01:09:11,240 --> 01:09:17,120
 MR and the SC zoning districts with a maximum of 55,000 square feet.

1108
01:09:17,120 --> 01:09:22,900
 The buildings themselves will be designed in compliance with Section 710-5, which is

1109
01:09:22,900 --> 01:09:26,080
 in our development code on development standards.

1110
01:09:26,080 --> 01:09:31,320
 Similarly, any outdoor storage or electric equipment shall be all vaguely screened from

1111
01:09:31,320 --> 01:09:36,360
 the public right of way, adjacent land, residential, and zoning district.

1112
01:09:36,360 --> 01:09:41,580
 Again, similar as the modular, we are also requiring an environmental noise and vibration

1113
01:09:41,580 --> 01:09:47,920
 assessment as part of any development of these uses.

1114
01:09:47,920 --> 01:09:53,920
 The noise maximum is 60 dBA, measured at the property line, set back again 100 feet if

1115
01:09:53,920 --> 01:09:58,160
 it's adjacent to a residential zoning district or existing residential use.

1116
01:09:58,160 --> 01:10:04,520
 And again, if there is an on-site electric substation proposed, they must comply with

1117
01:10:04,520 --> 01:10:08,120
 that section of the code.

1118
01:10:08,120 --> 01:10:11,320
 Last is the definition of electric substation.

1119
01:10:11,320 --> 01:10:15,160
 As mentioned earlier, it is being proposed to be amended.

1120
01:10:15,160 --> 01:10:21,960
 The existing definition you see here struck through was just not enough clear clarity

1121
01:10:21,960 --> 01:10:25,040
 as far as what an electric substation is.

1122
01:10:25,040 --> 01:10:30,680
 So working with our DME staff members, they were able to submit or provide with us to

1123
01:10:30,680 --> 01:10:36,880
 us a proposed definition that you see here presented.

1124
01:10:36,880 --> 01:10:41,440
 The main thing that you want to get out of this one is that there is actually a level

1125
01:10:41,440 --> 01:10:49,360
 of which the transition from a higher to a lower is provided, and that's 60 kilovolts

1126
01:10:49,360 --> 01:10:51,120
 that's provided there you see here.

1127
01:10:51,120 --> 01:10:57,520
 So that's really the defining difference between what would be considered just a regular equipment

1128
01:10:57,520 --> 01:11:00,740
 and versus an electric substation.

1129
01:11:00,740 --> 01:11:04,320
 With that, that concludes my presentation, and I'll stand for any questions.

1130
01:11:04,320 --> 01:11:08,560
 We also have Terry Nolte here with DME if you have any questions for him.

1131
01:11:08,560 --> 01:11:09,560
 >> Excellent.

1132
01:11:09,560 --> 01:11:10,560
 Thank you, Ron.

1133
01:11:10,560 --> 01:11:14,600
 Any questions here?

1134
01:11:14,600 --> 01:11:15,600
 This is great.

1135
01:11:15,600 --> 01:11:21,280
 I mean, we had such great discussion at DCRC on this, so it's nice to see it come forward.

1136
01:11:21,280 --> 01:11:22,280
 Okay.

1137
01:11:22,280 --> 01:11:23,280
 Thank you very much.

1138
01:11:23,280 --> 01:11:25,480
 We'll see you in the public meeting and city hall.

1139
01:11:25,480 --> 01:11:32,680
 With that, I will close our work session at 621, and we will be in council chambers as

1140
01:11:32,680 --> 01:11:42,880
 close to 630 as possible for our regular meeting.

1141
01:11:42,880 --> 01:11:46,000
 >> Good evening, and welcome to the City of Denton's Planning and Zoning Commission meeting

1142
01:11:46,000 --> 01:11:49,520
 for Wednesday, August 10th, 2022.

1143
01:11:49,520 --> 01:11:54,280
 With a quorum present, I will call us to order at 634 p.m.

1144
01:11:54,280 --> 01:11:58,600
 Let the record show commissioners Anderson and Smith are absent from our meeting this

1145
01:11:58,600 --> 01:12:00,280
 evening.

1146
01:12:00,280 --> 01:12:05,120
 First item on our agenda is the Pledge of Allegiance to the U.S. and Texas Flags.

1147
01:12:05,120 --> 01:12:12,760
 >> I pledge allegiance to the flag of the United States of America and to the republic

1148
01:12:12,760 --> 01:12:21,040
 for which it stands, one nation, under God, indivisible, with liberty and justice for

1149
01:12:21,040 --> 01:12:22,040
 all.

1150
01:12:22,040 --> 01:12:34,200
 In the honor of the Texas flag, I pledge allegiance to thee, Texas, one state under God, one indivisible.

1151
01:12:34,200 --> 01:12:35,200
 >> Thank you.

1152
01:12:35,200 --> 01:12:41,960
 Our next first item for vote on today's agenda is the consideration of the approval of the

1153
01:12:41,960 --> 01:12:45,200
 minutes from our meeting on July 13th.

1154
01:12:45,200 --> 01:12:53,720
 The Chair can entertain discussion or a motion on this item.

1155
01:12:53,720 --> 01:12:57,160
 It is possible that -- >> Point of order, there's no button to click

1156
01:12:57,160 --> 01:12:58,160
 on the screen.

1157
01:12:58,160 --> 01:12:59,160
 >> There is -- okay.

1158
01:12:59,160 --> 01:13:03,280
 Apparently there was a software update, and so this may not be working.

1159
01:13:03,280 --> 01:13:08,320
 So why don't we go by hand, Commissioner Villarreal.

1160
01:13:08,320 --> 01:13:10,320
 >> I move to approve the minutes.

1161
01:13:10,320 --> 01:13:11,640
 >> Okay.

1162
01:13:11,640 --> 01:13:12,640
 Commissioner Cole?

1163
01:13:12,640 --> 01:13:13,640
 >> Second.

1164
01:13:13,640 --> 01:13:16,960
 >> A second for approval.

1165
01:13:16,960 --> 01:13:19,360
 Any discussion?

1166
01:13:19,360 --> 01:13:21,200
 Commissioner Villarreal, how say you?

1167
01:13:21,200 --> 01:13:22,200
 >> Aye.

1168
01:13:22,200 --> 01:13:23,200
 >> Commissioner Cole?

1169
01:13:23,200 --> 01:13:24,200
 >> Aye.

1170
01:13:24,200 --> 01:13:25,200
 >> Commissioner McDade?

1171
01:13:25,200 --> 01:13:26,200
 >> Aye.

1172
01:13:26,200 --> 01:13:27,200
 >> Commissioner Pruitt?

1173
01:13:27,200 --> 01:13:28,200
 >> Aye.

1174
01:13:28,200 --> 01:13:29,200
 >> Chair is also an aye.

1175
01:13:29,200 --> 01:13:30,400
 That motion will carry 5-0.

1176
01:13:30,400 --> 01:13:34,040
 That will take us to our consent agenda this evening.

1177
01:13:34,040 --> 01:13:37,080
 All right.

1178
01:13:37,080 --> 01:13:40,200
 Chair will move approval of the consent agenda.

1179
01:13:40,200 --> 01:13:41,200
 Commissioner Villarreal?

1180
01:13:41,200 --> 01:13:43,960
 >> I move to approve the consent agenda as presented.

1181
01:13:43,960 --> 01:13:44,960
 >> Okay.

1182
01:13:44,960 --> 01:13:45,960
 >> Second.

1183
01:13:45,960 --> 01:13:46,960
 >> All right.

1184
01:13:46,960 --> 01:13:53,240
 We have a first and a second for approval of the consent agenda.

1185
01:13:53,240 --> 01:13:55,840
 Any discussion?

1186
01:13:55,840 --> 01:13:56,840
 Commissioner Villarreal?

1187
01:13:56,840 --> 01:13:57,840
 >> Aye.

1188
01:13:57,840 --> 01:13:58,840
 >> Commissioner Cole?

1189
01:13:58,840 --> 01:13:59,840
 >> Aye.

1190
01:13:59,840 --> 01:14:00,840
 >> Commissioner McDade?

1191
01:14:00,840 --> 01:14:01,840
 >> Aye.

1192
01:14:01,840 --> 01:14:02,840
 >> Commissioner Pruitt?

1193
01:14:02,840 --> 01:14:03,840
 >> Aye.

1194
01:14:03,840 --> 01:14:04,840
 >> Chair is an aye.

1195
01:14:04,840 --> 01:14:08,520
 That consent agenda carries 5-0.

1196
01:14:08,520 --> 01:14:11,920
 Moving us to items for individual consideration.

1197
01:14:11,920 --> 01:14:17,000
 Item 4A, PP 220016 has been withdrawn for the applicant.

1198
01:14:17,000 --> 01:14:20,940
 We will not be taking action on that item.

1199
01:14:20,940 --> 01:14:27,160
 For B, PE 220001, call up Julie Wyatt for presentation.

1200
01:14:27,160 --> 01:14:28,160
 Hi, Julie.

1201
01:14:28,160 --> 01:14:29,160
 >> Good evening.

1202
01:14:29,160 --> 01:14:43,680
 I'm Julie Wyatt, senior planner with the City of Denton, and I am presenting PE 22-0001,

1203
01:14:43,680 --> 01:14:46,320
 Agave Ranch.

1204
01:14:46,320 --> 01:14:50,280
 The request before you tonight is for an extension of a preliminary plat that was approved in

1205
01:14:50,280 --> 01:14:52,800
 August of 2020.

1206
01:14:52,800 --> 01:14:57,660
 Preliminary plots expire after two years if a final plat is not approved for that property.

1207
01:14:57,660 --> 01:15:02,880
 So at this point, it would expire as of August 19th of this year.

1208
01:15:02,880 --> 01:15:07,200
 However, the Planning and Zoning Commission does have the option to approve extensions

1209
01:15:07,200 --> 01:15:10,520
 for preliminary plots for up to one year.

1210
01:15:10,520 --> 01:15:15,040
 And they can also impose conditions to assure the land will be developed in a timely fashion

1211
01:15:15,040 --> 01:15:20,120
 and the public interest would be served, including compliance with one or more of the new adopted

1212
01:15:20,120 --> 01:15:21,120
 standards.

1213
01:15:21,120 --> 01:15:24,640
 The subject property is the Agave Ranch development.

1214
01:15:24,640 --> 01:15:34,320
 It is located and kind of situated in the northeast side of town, just east of FM 428.

1215
01:15:34,320 --> 01:15:38,520
 Some background before we get into the specific request.

1216
01:15:38,520 --> 01:15:42,840
 The zoning for the property was approved in July of 2019.

1217
01:15:42,840 --> 01:15:50,040
 City Council approved a rezoning from or to NR2 and NR3 with overlay conditions, and those

1218
01:15:50,040 --> 01:15:56,720
 overlay conditions were related to use in open space and landscaping.

1219
01:15:56,720 --> 01:16:04,600
 This project was originally reviewed and developed under our previous code, the 2002 Denton Development

1220
01:16:04,600 --> 01:16:05,600
 Code.

1221
01:16:05,600 --> 01:16:10,520
 And that code was a little different in terms of residential development in that for subdivisions

1222
01:16:10,520 --> 01:16:15,400
 over two acres, there wasn't a minimum lot size for residential lots.

1223
01:16:15,400 --> 01:16:17,800
 They just had to comply with the maximum density.

1224
01:16:17,800 --> 01:16:25,400
 So in this instance, NR2 allowed two dwelling units per gross acre and NR3 allowed three

1225
01:16:25,400 --> 01:16:27,920
 and a half dwelling units per gross acre.

1226
01:16:27,920 --> 01:16:34,040
 And you could see that zoning pattern on your screen that was approved in 2019.

1227
01:16:34,040 --> 01:16:38,560
 That resulted in 252 single family residential lots.

1228
01:16:38,560 --> 01:16:43,080
 They ranged in size from 5,800 square feet to about 15,000 square feet.

1229
01:16:43,080 --> 01:16:47,360
 And that preliminary plot was consistent with the overlay conditions that were placed upon

1230
01:16:47,360 --> 01:16:54,280
 the property during the zoning and also complied with the maximum density in the provisions

1231
01:16:54,280 --> 01:16:56,760
 within the 2002 Denton Development Code.

1232
01:16:56,760 --> 01:16:59,840
 So it was consistent with that zoning.

1233
01:16:59,840 --> 01:17:06,040
 With the implementation of our current regulations, the 2019 code, that zoning with the overlay

1234
01:17:06,040 --> 01:17:08,360
 conditions converted to PDs.

1235
01:17:08,360 --> 01:17:11,480
 So that's PDR2 and PDR3.

1236
01:17:11,480 --> 01:17:14,360
 It didn't change the development standards for the property.

1237
01:17:14,360 --> 01:17:18,880
 It really was just a name change in terms of that implementation of the 2019 Denton

1238
01:17:18,880 --> 01:17:20,160
 Development Code.

1239
01:17:20,160 --> 01:17:26,040
 So now they're referred to as that PDR2 and PDR3.

1240
01:17:26,040 --> 01:17:29,620
 We don't do plot extensions very often, so we're going to go over the criteria for approval,

1241
01:17:29,620 --> 01:17:33,120
 but I'll try to be as brief as possible.

1242
01:17:33,120 --> 01:17:36,400
 The first criterion is the reasons for the requested extension.

1243
01:17:36,400 --> 01:17:40,360
 The applicant submitted a narrative, which was provided in your backup.

1244
01:17:40,360 --> 01:17:46,040
 And within that, the developer indicated that they had remained active in the project.

1245
01:17:46,040 --> 01:17:50,860
 They have submitted applications and had meetings with staff as well as coordination for the

1246
01:17:50,860 --> 01:17:52,960
 civil engineering plans.

1247
01:17:52,960 --> 01:17:56,560
 And the project was interrupted by a change in engineering firms midway.

1248
01:17:56,560 --> 01:17:59,760
 So that did create some delays for the project.

1249
01:17:59,760 --> 01:18:04,000
 The applicant is here and we'll be able to speak further to that tonight.

1250
01:18:04,000 --> 01:18:08,560
 The second criterion is the ability of the applicant to comply with any conditions attached

1251
01:18:08,560 --> 01:18:10,280
 to the original approval.

1252
01:18:10,280 --> 01:18:14,480
 The preliminary plat didn't have any conditions, so that one doesn't apply.

1253
01:18:14,480 --> 01:18:18,520
 The third criterion is whether the extension is likely to result in a timely completion

1254
01:18:18,520 --> 01:18:19,520
 of the project.

1255
01:18:19,520 --> 01:18:23,080
 As I mentioned before, they have continued to make progress.

1256
01:18:23,080 --> 01:18:28,440
 In fact, they've got three projects that have either been approved or ongoing, one being

1257
01:18:28,440 --> 01:18:30,420
 Alternative Development Plan.

1258
01:18:30,420 --> 01:18:35,720
 That was approved in November of 2020, and that was related to site design considerations

1259
01:18:35,720 --> 01:18:40,840
 for the eventual homes on the property, so related to the structures.

1260
01:18:40,840 --> 01:18:47,840
 Civil Engineering Plan CEP 2076, that's related to 92 lots on the development, so that first

1261
01:18:47,840 --> 01:18:48,840
 phase.

1262
01:18:48,840 --> 01:18:52,200
 And that's currently under review and has continued to be under review since it was

1263
01:18:52,200 --> 01:18:54,920
 submitted in December of 2020.

1264
01:18:54,920 --> 01:19:00,000
 And it's CEP 2240, and that is related to a force main and lift station.

1265
01:19:00,000 --> 01:19:04,840
 It was submitted in June of this year, and it is under review now.

1266
01:19:04,840 --> 01:19:07,640
 According to the applicant, as soon as those Civil Engineering Plans are approved, they

1267
01:19:07,640 --> 01:19:12,400
 intend to submit their final plat, hopefully within the month.

1268
01:19:12,400 --> 01:19:17,700
 The fourth criterion for approval is the extent which any newly adopted regulations should

1269
01:19:17,700 --> 01:19:19,720
 be applied to the proposed development.

1270
01:19:19,720 --> 01:19:23,160
 And to illustrate this, we thought maybe a graph would be, or I'm sorry, a table would

1271
01:19:23,160 --> 01:19:25,960
 be the best way to talk through this.

1272
01:19:25,960 --> 01:19:31,320
 So we have columns related to elements in our development standards, and then I'm sorry,

1273
01:19:31,320 --> 01:19:37,760
 the rows dedicated to our development standards, and then the columns are related to whether

1274
01:19:37,760 --> 01:19:40,520
 the plat is extended or whether the plat expires.

1275
01:19:40,520 --> 01:19:47,160
 So when it comes to lot size, if that plat is extended, then they could remain under

1276
01:19:47,160 --> 01:19:52,800
 the current development that they currently have proposed, so that 252 lots with those

1277
01:19:52,800 --> 01:20:00,920
 lot sizes that were approved with that preliminary plat and consistent with the overlay conditions

1278
01:20:00,920 --> 01:20:04,920
 and the 2002 Denton Development Code.

1279
01:20:04,920 --> 01:20:11,560
 If the plat expired, they may have to redesign to accommodate current lot sizes in the 2019

1280
01:20:11,560 --> 01:20:15,680
 Denton Development Code, but there is an asterisk on that column, and we're going to talk about

1281
01:20:15,680 --> 01:20:18,880
 that a little more in the next slide.

1282
01:20:18,880 --> 01:20:23,520
 Engineering standards, the Civil Engineering Plans that are submitted at any given time

1283
01:20:23,520 --> 01:20:28,420
 would be reviewed under those standards that are in place when they're submitted.

1284
01:20:28,420 --> 01:20:34,000
 So that's how they've been reviewed thus far and how they would continue to be reviewed.

1285
01:20:34,000 --> 01:20:39,960
 And then finally, planning development standards, the 2002 Denton Development Regulations for

1286
01:20:39,960 --> 01:20:44,840
 tree preservation, street trees, and that alternative development plan plus the overlay

1287
01:20:44,840 --> 01:20:50,800
 conditions, those are in place for that existing preliminary plat and would remain under the

1288
01:20:50,800 --> 01:20:54,600
 2002 regulations if the plat is extended.

1289
01:20:54,600 --> 01:21:03,080
 If the plat expires, then they may have to comply with current regulations for tree preservation,

1290
01:21:03,080 --> 01:21:07,040
 landscaping, that ADP would still stay in place, but they would still have to comply

1291
01:21:07,040 --> 01:21:11,540
 with the PD conditions that were established in 2019.

1292
01:21:11,540 --> 01:21:15,800
 So it would depend on whether that plat was extended or expired.

1293
01:21:15,800 --> 01:21:19,280
 And now let's talk about that asterisk briefly.

1294
01:21:19,280 --> 01:21:29,080
 So if the Planning and Zoning Commission tonight chose to not extend the plat and it did expire,

1295
01:21:29,080 --> 01:21:35,180
 the applicant could also seek relief through something called our vested rights regulations.

1296
01:21:35,180 --> 01:21:39,480
 Within the Denton Development Code as well as the Texas Local Government Code, there

1297
01:21:39,480 --> 01:21:44,880
 are rules upon which a property owner and developer can rely once they have submitted

1298
01:21:44,880 --> 01:21:50,100
 the first required permit for a project.

1299
01:21:50,100 --> 01:21:54,440
 So what those do, those vested rights laws, is they sort of freeze certain regulations

1300
01:21:54,440 --> 01:22:00,200
 for developments when they submit that first permit that would be required to develop a

1301
01:22:00,200 --> 01:22:01,380
 project.

1302
01:22:01,380 --> 01:22:07,040
 In this instance, because a preliminary plat is a requirement for development, that would

1303
01:22:07,040 --> 01:22:11,660
 be considered that permit under Texas Local Government Code 245.

1304
01:22:11,660 --> 01:22:17,840
 So that could be a vesting act, which would potentially freeze those regulations that

1305
01:22:17,840 --> 01:22:21,880
 could be vested under that regulation.

1306
01:22:21,880 --> 01:22:25,240
 So there are certain rules that can vest or can be frozen.

1307
01:22:25,240 --> 01:22:31,160
 That would be landscaping or tree preservation, open space or park deck dedication, lot size

1308
01:22:31,160 --> 01:22:32,160
 or dimensions.

1309
01:22:32,160 --> 01:22:38,360
 So those lot sizes that were a lot different in the 2002 code versus the 2019 code, those

1310
01:22:38,360 --> 01:22:40,360
 could vest.

1311
01:22:40,360 --> 01:22:46,480
 And the 2019 Denton Development Code has procedures related to vested rights, so if the plat was

1312
01:22:46,480 --> 01:22:52,840
 not extended and the applicant wanted to seek a vested rights petition, they would submit

1313
01:22:52,840 --> 01:22:57,000
 under that process and procedure in the Denton Development Code.

1314
01:22:57,000 --> 01:23:02,720
 And if tonight it was not approved, that would likely be their next step is to submit a vested

1315
01:23:02,720 --> 01:23:08,360
 rights petition, and then based upon those findings, they would submit a preliminary

1316
01:23:08,360 --> 01:23:09,960
 plat.

1317
01:23:09,960 --> 01:23:15,140
 So just wanted to discuss that to let you know that even if the plat is not extended,

1318
01:23:15,140 --> 01:23:20,720
 the property could potentially still develop with the lot sizes and those lot counts that

1319
01:23:20,720 --> 01:23:22,960
 were approved with that preliminary plat.

1320
01:23:22,960 --> 01:23:27,480
 So just to make, I want to make that clear.

1321
01:23:27,480 --> 01:23:32,720
 So based upon the criteria for approval, staff recommends approval of the requested extension.

1322
01:23:32,720 --> 01:23:37,560
 Since the applicant has continued to make that progress, we talked about potential conditions

1323
01:23:37,560 --> 01:23:38,560
 in the work session.

1324
01:23:38,560 --> 01:23:41,480
 I didn't know if that's something that you wanted me to bring up, because it is something

1325
01:23:41,480 --> 01:23:44,600
 that the PNZ could impose.

1326
01:23:44,600 --> 01:23:48,720
 But I'll be happy to answer any questions, and the applicant is also here with a presentation.

1327
01:23:48,720 --> 01:23:49,720
 Great.

1328
01:23:49,720 --> 01:23:51,080
 Thank you, Julie.

1329
01:23:51,080 --> 01:23:53,200
 Any questions for Julie at this time?

1330
01:23:53,200 --> 01:23:54,200
 Commissioner Pruitt?

1331
01:23:54,200 --> 01:23:55,200
 Thank you, Chair.

1332
01:23:55,200 --> 01:23:56,200
 Just one.

1333
01:23:56,200 --> 01:23:59,480
 I'm trying to work my way through this.

1334
01:23:59,480 --> 01:24:05,200
 So I understand that if a vested rights application was filed, the developer would have the right

1335
01:24:05,200 --> 01:24:11,840
 to develop lot sizes as shown on the preliminary plat.

1336
01:24:11,840 --> 01:24:17,520
 If you fast forward two years later, now the homes are built, sold, occupied by residents.

1337
01:24:17,520 --> 01:24:27,480
 Would those homes be considered a non-conforming home per our code?

1338
01:24:27,480 --> 01:24:28,480
 Thank you, Chair.

1339
01:24:28,480 --> 01:24:29,480
 Sure.

1340
01:24:29,480 --> 01:24:33,200
 Commissioner Pruitt, I'd first like to pipe in and state that if a vested rights petition

1341
01:24:33,200 --> 01:24:37,880
 is filed, there's still a decision that needs to be made by the city, so it's not an automatic

1342
01:24:37,880 --> 01:24:38,880
 thing.

1343
01:24:38,880 --> 01:24:39,880
 Sure.

1344
01:24:39,880 --> 01:24:40,880
 Sorry.

1345
01:24:40,880 --> 01:24:41,880
 I should phrase my question differently.

1346
01:24:41,880 --> 01:24:42,880
 No worries.

1347
01:24:42,880 --> 01:24:43,880
 I just wanted to be clear.

1348
01:24:43,880 --> 01:24:44,880
 This is independent of how we get there.

1349
01:24:44,880 --> 01:24:50,080
 Just assuming the area develops as shown on the preliminary plat, whether that's extended

1350
01:24:50,080 --> 01:24:57,080
 or petitioned, would those homes then be viewed as non-conforming for changes or alterations

1351
01:24:57,080 --> 01:25:00,020
 and future applications from those homeowners?

1352
01:25:00,020 --> 01:25:06,600
 Well, the use would be permitted regardless.

1353
01:25:06,600 --> 01:25:12,040
 In my opinion, no, they would not be non-conforming because they were approved in accordance with

1354
01:25:12,040 --> 01:25:15,440
 the preliminary plat and the zoning in effect at that time.

1355
01:25:15,440 --> 01:25:20,440
 Later on, if the zoning is changed, then that could potentially bring them into non-conformity,

1356
01:25:20,440 --> 01:25:29,000
 but with the regulations as they are today, and all the PD conditions that were in place,

1357
01:25:29,000 --> 01:25:35,440
 then in the preliminary plat, if it were continued to be approved as is, then they would still

1358
01:25:35,440 --> 01:25:36,840
 be conforming.

1359
01:25:36,840 --> 01:25:37,840
 Okay.

1360
01:25:37,840 --> 01:25:46,280
 So essentially, the PD regulations that came from the transferred overlay conditions would

1361
01:25:46,280 --> 01:25:51,800
 give them all legal rights of that zoning district with those conditions, independent

1362
01:25:51,800 --> 01:25:57,160
 of the fact that their lot size is smaller than the DDC lot sizes.

1363
01:25:57,160 --> 01:26:03,900
 Because the conditions that were in place basically froze the regulations, and Julie

1364
01:26:03,900 --> 01:26:08,680
 Haley, correct me if I'm wrong, but the PD regulations essentially froze the standards

1365
01:26:08,680 --> 01:26:14,940
 that would apply, and so as long as those standards don't change, then those lots should

1366
01:26:14,940 --> 01:26:16,760
 be remaining in a conforming status.

1367
01:26:16,760 --> 01:26:17,760
 Okay.

1368
01:26:17,760 --> 01:26:18,760
 Thank you.

1369
01:26:18,760 --> 01:26:23,480
 I just wanted to check because I know with some of our PDs, the way we refer to a base

1370
01:26:23,480 --> 01:26:27,800
 zoning district, I just didn't know if that was all thought through essentially, so thank

1371
01:26:27,800 --> 01:26:28,800
 you.

1372
01:26:28,800 --> 01:26:29,800
 Well, and presumably, it was.

1373
01:26:29,800 --> 01:26:36,480
 I mean, when it was changed from, I'll probably get these wrong, and tell me the two zoning

1374
01:26:36,480 --> 01:26:37,480
 districts again.

1375
01:26:37,480 --> 01:26:38,480
 I'm sorry, Julie.

1376
01:26:38,480 --> 01:26:41,720
 I went from NR2 and NR3 to R2 and R3.

1377
01:26:41,720 --> 01:26:44,720
 Right, to R2 and R3.

1378
01:26:44,720 --> 01:26:49,040
 Because of the conditions that were in place of the plan development district, the conditions

1379
01:26:49,040 --> 01:26:55,240
 in my opinion, I believe, are more restrictive in this nature because it's capping it at

1380
01:26:55,240 --> 01:26:57,480
 the 252 lots.

1381
01:26:57,480 --> 01:27:01,960
 It has provisions in there regarding the amount of open space that was provided.

1382
01:27:01,960 --> 01:27:02,960
 There's the buffering requirements.

1383
01:27:02,960 --> 01:27:08,720
 I believe that Julie had listed out there, so those are the rules that the developer

1384
01:27:08,720 --> 01:27:16,080
 is playing by as it relates to platting the subdivision, so those lots should be in conformity.

1385
01:27:16,080 --> 01:27:20,940
 Later on, if the city came through and there was a zoning change that affected those, then

1386
01:27:20,940 --> 01:27:25,920
 it's possible it could affect the zoning at that time, but they should still remain in

1387
01:27:25,920 --> 01:27:28,840
 conformance as long as the zoning remains as is.

1388
01:27:28,840 --> 01:27:29,840
 Anything else?

1389
01:27:29,840 --> 01:27:30,840
 Yeah, I do.

1390
01:27:30,840 --> 01:27:37,000
 I believe we have in our development code where a residential property cannot be nonconforming.

1391
01:27:37,000 --> 01:27:42,640
 We did, with the implementation of the 2019 code, add a provision.

1392
01:27:42,640 --> 01:27:44,360
 I believe it's in subchapter one.

1393
01:27:44,360 --> 01:27:48,000
 Haley's nodding at me.

1394
01:27:48,000 --> 01:27:52,840
 Because we had this previous provision in the 2002 code that we didn't necessarily have

1395
01:27:52,840 --> 01:27:59,720
 these minimum lot sizes, that no residential, I think it's single family and duplex lot

1396
01:27:59,720 --> 01:28:08,600
 could be considered nonconforming, so I don't know if that helps as well.

1397
01:28:08,600 --> 01:28:10,120
 Any other questions for Julie?

1398
01:28:10,120 --> 01:28:12,920
 You'll have to raise your hand if you do.

1399
01:28:12,920 --> 01:28:14,640
 Is that really real?

1400
01:28:14,640 --> 01:28:20,240
 Could you go over the potential restrictions you mentioned in the work session?

1401
01:28:20,240 --> 01:28:21,240
 Absolutely.

1402
01:28:21,240 --> 01:28:22,240
 The conditions?

1403
01:28:22,240 --> 01:28:23,240
 Sorry.

1404
01:28:23,240 --> 01:28:26,240
 Something with my throat.

1405
01:28:26,240 --> 01:28:37,080
 All right, so the DIN development code does give the P&Z the ability to impose conditions,

1406
01:28:37,080 --> 01:28:41,720
 particularly to keep these projects moving forward as quickly as possible.

1407
01:28:41,720 --> 01:28:48,600
 And so staff looked at that and has some suggestions regarding those, particularly to make sure

1408
01:28:48,600 --> 01:28:53,520
 those civil engineering plans get approved as quickly as possible within following up

1409
01:28:53,520 --> 01:28:58,120
 with that final plat within a year.

1410
01:28:58,120 --> 01:29:06,120
 I did ask this in the work session, but just to clarify for the folks here in the room,

1411
01:29:06,120 --> 01:29:08,360
 what we're voting on is very narrow today.

1412
01:29:08,360 --> 01:29:11,280
 We're not taking a look at the entire project.

1413
01:29:11,280 --> 01:29:16,440
 We're just voting on the application extension, and it's a very ministerial act, correct?

1414
01:29:16,440 --> 01:29:17,440
 You are correct.

1415
01:29:17,440 --> 01:29:22,560
 The zoning was approved in 2019, so we're really not discussing the merits of the zoning

1416
01:29:22,560 --> 01:29:23,560
 at this time.

1417
01:29:23,560 --> 01:29:34,600
 It really is just related to this preliminary plat and the extension thereof.

1418
01:29:34,600 --> 01:29:38,160
 Any other questions for Julie?

1419
01:29:38,160 --> 01:29:42,480
 This is an individual consideration item, and anyone can speak on that.

1420
01:29:42,480 --> 01:29:50,880
 I do have a card to speak on this item, and it is Amy Bissett, to the applicant.

1421
01:29:50,880 --> 01:29:51,880
 Good evening.

1422
01:29:51,880 --> 01:29:52,880
 Good evening, commissioners.

1423
01:29:52,880 --> 01:29:53,880
 Hello.

1424
01:29:53,880 --> 01:29:57,840
 It's been a long time that we've been having this conversation.

1425
01:29:57,840 --> 01:30:02,920
 I hope we're getting to the end, maybe just one more after this, which would be the final

1426
01:30:02,920 --> 01:30:09,960
 plat, so for the benefit of the commissioners who were not here when the zoning was changed

1427
01:30:09,960 --> 01:30:17,160
 and to the neighbors who may be watching or present tonight, I do want to have a brief

1428
01:30:17,160 --> 01:30:22,960
 just kind of like recap of where we've been, where we came from, the assumptions that we've

1429
01:30:22,960 --> 01:30:30,680
 been operating under as the developer and the engineer, and just kind of get through

1430
01:30:30,680 --> 01:30:31,680
 the history.

1431
01:30:31,680 --> 01:30:39,480
 I promised to do that briefly, so there are three of you, one of whom is absent tonight,

1432
01:30:39,480 --> 01:30:44,440
 who were here when the zoning change took place, and for those of you who were not,

1433
01:30:44,440 --> 01:30:49,100
 we were here three times at PNZ, and the first two times we were denied.

1434
01:30:49,100 --> 01:30:56,360
 We started out with an NR4 zoning request, reduced that to a split zoning of NR4 and

1435
01:30:56,360 --> 01:31:04,200
 NR3, and ultimately, between four neighborhood meetings and three meetings with the Planning

1436
01:31:04,200 --> 01:31:11,680
 and Zoning Commission, reached an agreement that we believe will one day be a very beautiful

1437
01:31:11,680 --> 01:31:17,920
 development if it does not get killed tonight.

1438
01:31:17,920 --> 01:31:28,160
 That agreement that we reached was the 252 lots, a blend of NR2 and NR3, and we feel

1439
01:31:28,160 --> 01:31:34,680
 like we have held true to what we presented in 2019 that was approved in 2019.

1440
01:31:34,680 --> 01:31:39,800
 We came back in 2020 with a general development plan and a preliminary plat that were approved.

1441
01:31:39,800 --> 01:31:46,000
 What you're seeing tonight has not changed one bit from either of those cases.

1442
01:31:46,000 --> 01:31:50,000
 So I hope that will help a little bit, and I think I have identified a couple of places

1443
01:31:50,000 --> 01:31:55,200
 that maybe there was some misunderstandings that took place that I hope maybe we can clear

1444
01:31:55,200 --> 01:31:56,200
 up tonight.

1445
01:31:56,200 --> 01:31:59,640
 I'm going to come back to that slide.

1446
01:31:59,640 --> 01:32:05,560
 What I did is I went back to my slides from 2019 when the zoning was approved.

1447
01:32:05,560 --> 01:32:06,720
 This is my slide tonight.

1448
01:32:06,720 --> 01:32:10,860
 This shows the approved general development plan, which was approved at the same time

1449
01:32:10,860 --> 01:32:15,000
 as the preliminary plat that you're considering an extension on tonight.

1450
01:32:15,000 --> 01:32:22,640
 It was 252 lots as shown here with a mix of NR2 and NR3 with the amazing overlay conditions

1451
01:32:22,640 --> 01:32:27,920
 that I really hope we get to see come to fruition one day because they will make a really superior

1452
01:32:27,920 --> 01:32:28,920
 development.

1453
01:32:28,920 --> 01:32:31,440
 I'm going to scroll back a slide.

1454
01:32:31,440 --> 01:32:34,600
 This is the slide in the 2019 zoning case that we presented.

1455
01:32:34,600 --> 01:32:43,280
 We said 92 acres, a maximum of 252 lots, three ponds, nine pocket parks, all the overlay

1456
01:32:43,280 --> 01:32:48,180
 conditions with the net number of units per acre as well as the gross number of units

1457
01:32:48,180 --> 01:32:50,320
 per acre here.

1458
01:32:50,320 --> 01:32:54,040
 All the lots are not defined in this exhibit because we hadn't done that level of engineering

1459
01:32:54,040 --> 01:33:02,240
 yet, but we had defined the street locations and we knew based on the overall acreage of

1460
01:33:02,240 --> 01:33:10,000
 each zoning district what our maximum cap would be in terms of the number of lots that

1461
01:33:10,000 --> 01:33:12,320
 we would eventually be able to yield.

1462
01:33:12,320 --> 01:33:19,160
 So this slide is directly out of the recording of the public hearing with city council.

1463
01:33:19,160 --> 01:33:25,360
 It looks identical other than the lots being very clearly drawn out here to the GDP that

1464
01:33:25,360 --> 01:33:30,000
 we presented in 2020 as well as the preliminary plat.

1465
01:33:30,000 --> 01:33:32,200
 So here's a couple of things that I think happened.

1466
01:33:32,200 --> 01:33:39,520
 First of all, in the 2002 code, I'm going to scroll down here for a minute.

1467
01:33:39,520 --> 01:33:44,680
 This is an actual screenshot from the 2002 code.

1468
01:33:44,680 --> 01:33:50,360
 There are a number of lot minimums, lot minimums associated, dimensional standards associated

1469
01:33:50,360 --> 01:33:56,280
 with NR2 and NR3, and then in a very small print right under all of those is a statement

1470
01:33:56,280 --> 01:34:03,840
 that says the only ones that apply to subdivisions of more than two acres are the number of dwelling

1471
01:34:03,840 --> 01:34:07,160
 units per gross acre and the side yards.

1472
01:34:07,160 --> 01:34:14,080
 So we knew from the beginning that in order to accommodate the 15 percent open space,

1473
01:34:14,080 --> 01:34:20,320
 the 30 foot landscape buffer, the nine pocket parks, four ponds, that we would have smaller

1474
01:34:20,320 --> 01:34:21,320
 lot sizes.

1475
01:34:21,320 --> 01:34:26,440
 That was never intended to be something that was not communicated or clear.

1476
01:34:26,440 --> 01:34:30,960
 It was just that the constraints of the site itself and the overlay conditions meant that

1477
01:34:30,960 --> 01:34:38,620
 under the 2002 code, we could still develop, but we would be maxed out at 252 lots.

1478
01:34:38,620 --> 01:34:46,840
 So if you look at the 2002 code and the 2019 code side by side, they are almost identical,

1479
01:34:46,840 --> 01:34:52,280
 with the exception of the 2002 code, that one sentence that says that you can also calculate

1480
01:34:52,280 --> 01:34:59,200
 it by gross number of units per acre, which is what we had done from the very beginning.

1481
01:34:59,200 --> 01:35:03,520
 So I think that was maybe the first miscommunication, was how is that actually calculated?

1482
01:35:03,520 --> 01:35:09,280
 So it's not a half an acre per residential lot.

1483
01:35:09,280 --> 01:35:12,560
 It's two units per acre or three and a half units per acre.

1484
01:35:12,560 --> 01:35:13,560
 That includes the ponds.

1485
01:35:13,560 --> 01:35:14,560
 It includes the parks.

1486
01:35:14,560 --> 01:35:18,640
 It includes the streets, all of those additional elements.

1487
01:35:18,640 --> 01:35:25,040
 And so there may have been some misunderstanding that occurred during that time associated

1488
01:35:25,040 --> 01:35:28,640
 with that, but that was never our intent by any stretch.

1489
01:35:28,640 --> 01:35:32,480
 And then when we came forward with the general development plan and the preliminary plat,

1490
01:35:32,480 --> 01:35:34,920
 that was in the summer of 2020.

1491
01:35:34,920 --> 01:35:37,360
 You all may recall that it was an entirely virtual meeting.

1492
01:35:37,360 --> 01:35:41,640
 I was sitting at my kitchen counter and was flying blind.

1493
01:35:41,640 --> 01:35:46,320
 I didn't get to make a presentation and could not see or interact with you all.

1494
01:35:46,320 --> 01:35:48,160
 I was just on the phone.

1495
01:35:48,160 --> 01:35:52,160
 And what I can tell you that I heard on the phone that night was that the primary concern

1496
01:35:52,160 --> 01:35:57,360
 from the neighborhood was whether or not Hartley Field would be connected through our subdivision

1497
01:35:57,360 --> 01:35:58,800
 to 428.

1498
01:35:58,800 --> 01:36:03,280
 That was the entire focus and whether or not we were required to make that connection or

1499
01:36:03,280 --> 01:36:05,540
 how we could prevent that connection.

1500
01:36:05,540 --> 01:36:11,120
 And so maybe just the actual lot dimensions associated with that discussion where they

1501
01:36:11,120 --> 01:36:17,680
 just weren't as relevant at that point in time, but the preliminary plat that was approved

1502
01:36:17,680 --> 01:36:23,520
 then has not changed one bit from what we're being asked to consider an extension of tonight.

1503
01:36:23,520 --> 01:36:28,780
 So I hope that helps a little bit just clear up some of, you know, three years have passed.

1504
01:36:28,780 --> 01:36:29,920
 The code has changed.

1505
01:36:29,920 --> 01:36:34,400
 I had to go back and refresh my own memory and watch the presentations and go back and

1506
01:36:34,400 --> 01:36:36,640
 look through the minutes.

1507
01:36:36,640 --> 01:36:42,520
 But we spent a lot of time with the neighbors and a lot of time with you all trying to present

1508
01:36:42,520 --> 01:36:45,680
 and create a development that everybody could be proud of.

1509
01:36:45,680 --> 01:36:46,720
 We are still proud of it.

1510
01:36:46,720 --> 01:36:52,420
 We still intend to hold to every bit of the criteria that was a condition of our zoning

1511
01:36:52,420 --> 01:36:55,240
 approval at that time.

1512
01:36:55,240 --> 01:37:00,000
 So on to the extension of the preliminary plat, the criteria for approval, Julie did

1513
01:37:00,000 --> 01:37:01,000
 go through all of those.

1514
01:37:01,000 --> 01:37:06,240
 I'm going to give you my answers to those four criteria as well.

1515
01:37:06,240 --> 01:37:09,320
 Consideration number one, what is the reason for our request?

1516
01:37:09,320 --> 01:37:13,160
 We have been actively pursuing permits throughout the entire two years.

1517
01:37:13,160 --> 01:37:17,020
 If you look at the right side of your screen, that gives you the review timeframe from our

1518
01:37:17,020 --> 01:37:23,080
 first submittal to our approval of everything since June of 2018 when we first submitted

1519
01:37:23,080 --> 01:37:25,540
 our zoning application.

1520
01:37:25,540 --> 01:37:31,640
 We have been in constant communication with the city on these reviews since that time.

1521
01:37:31,640 --> 01:37:37,260
 There was a brief period during that time that the city stopped accepting development

1522
01:37:37,260 --> 01:37:39,280
 applications and stopped reviewing those.

1523
01:37:39,280 --> 01:37:43,960
 And while that's not necessarily a reason that we need an extension tonight, it is I

1524
01:37:43,960 --> 01:37:48,880
 think it's valid in terms of how long it has taken us to get this done.

1525
01:37:48,880 --> 01:37:53,240
 The engineering plans have gone through multiple reviews at the same time that criteria manuals

1526
01:37:53,240 --> 01:37:57,880
 were being updated and standard details for the city were being updated.

1527
01:37:57,880 --> 01:38:04,080
 And so as staff members reviewed the plans, they would give us feedback that was related

1528
01:38:04,080 --> 01:38:06,880
 to new criteria manuals versus old ones.

1529
01:38:06,880 --> 01:38:11,520
 And so there was a lot of just conflicting and updating information that took place over

1530
01:38:11,520 --> 01:38:16,640
 that timeframe that also just has taken some time for us to work through.

1531
01:38:16,640 --> 01:38:23,680
 We just submitted our CEPs yesterday, in fact, for our eighth review, and I personally QC'd

1532
01:38:23,680 --> 01:38:29,520
 them before they went in and I have high confidence that they will be approved with this review.

1533
01:38:29,520 --> 01:38:33,360
 Maybe conditionally while we work out just a tiny couple little details, but we are at

1534
01:38:33,360 --> 01:38:36,360
 the very, very end of this process.

1535
01:38:36,360 --> 01:38:40,720
 I'll tell you that maybe two months ago, the city asked us to split out the lift station

1536
01:38:40,720 --> 01:38:42,560
 plans into a separate review.

1537
01:38:42,560 --> 01:38:48,600
 They've been as a part of the process the entire time, but they are a little more complicated

1538
01:38:48,600 --> 01:38:53,960
 and the city asked us to split them out because they felt like we could get the rest of the

1539
01:38:53,960 --> 01:38:58,680
 civil plans reviewed, approved, and our final plat submitted and reviewed and approved while

1540
01:38:58,680 --> 01:39:01,480
 we're working through the lift station details.

1541
01:39:01,480 --> 01:39:05,800
 Last I heard, we would be able to file our final plat and start construction while the

1542
01:39:05,800 --> 01:39:11,360
 lift station was still being finalized and that the burden would be on us to make sure

1543
01:39:11,360 --> 01:39:15,440
 that lift station was operational before we were ready to occupy homes.

1544
01:39:15,440 --> 01:39:19,640
 We do intend to submit the final plat next Tuesday, August 16th, and we expect to see

1545
01:39:19,640 --> 01:39:24,280
 you here on October 12th asking for an approval at that time.

1546
01:39:24,280 --> 01:39:27,440
 So we are at the very end.

1547
01:39:27,440 --> 01:39:31,960
 Consideration number two is can we comply to conditions?

1548
01:39:31,960 --> 01:39:36,000
 The plat had no conditions, but it has certainly demonstrated our zoning conditions.

1549
01:39:36,000 --> 01:39:38,240
 Is that my timer?

1550
01:39:38,240 --> 01:39:39,240
 Okay.

1551
01:39:39,240 --> 01:39:46,120
 We've demonstrated that we've adhered to the zoning conditions and that we can get

1552
01:39:46,120 --> 01:39:51,480
 this done in a timely completion of the project.

1553
01:39:51,480 --> 01:39:56,840
 Last I just want to very, very quickly say that the implications of this for us are huge.

1554
01:39:56,840 --> 01:40:01,880
 We have been in review for two years now, three years, four if you count zoning, and

1555
01:40:01,880 --> 01:40:08,300
 the developer has spent over $1.2 million on design and review fees.

1556
01:40:08,300 --> 01:40:13,840
 And while that is not your problem, I understand that, it is a loss, a time loss, and a money

1557
01:40:13,840 --> 01:40:19,800
 loss that you're sending us back to the beginning when we are literally right at the very end,

1558
01:40:19,800 --> 01:40:24,720
 and we would be redesigning everything if we started over.

1559
01:40:24,720 --> 01:40:28,240
 And with that, I will wrap up since I'm over time.

1560
01:40:28,240 --> 01:40:29,240
 Thank you.

1561
01:40:29,240 --> 01:40:32,080
 Thank you, Amy.

1562
01:40:32,080 --> 01:40:37,880
 A question for you, with the conditions that we discussed briefly, do you think you could

1563
01:40:37,880 --> 01:40:39,520
 be in agreement with those?

1564
01:40:39,520 --> 01:40:40,520
 We do.

1565
01:40:40,520 --> 01:40:47,160
 I guess maybe the one thing I would ask is, I think the condition of a preliminary plat

1566
01:40:47,160 --> 01:40:50,580
 is that the final plat has to be filed within two years.

1567
01:40:50,580 --> 01:40:54,000
 If you give us six months to get that final plat filed, I think that is more than enough

1568
01:40:54,000 --> 01:40:55,000
 time.

1569
01:40:55,000 --> 01:40:59,320
 The lift station plans, not being an engineer, although I think ours might be sitting behind

1570
01:40:59,320 --> 01:41:05,160
 me, may take a little bit longer than that, depending on the complexity of those reviews.

1571
01:41:05,160 --> 01:41:09,200
 But I am certain that we can get a final plat for Phase 1 filed and be under construction

1572
01:41:09,200 --> 01:41:10,200
 in six months.

1573
01:41:10,200 --> 01:41:11,200
 I guess just clarification.

1574
01:41:11,200 --> 01:41:12,200
 Yeah.

1575
01:41:12,200 --> 01:41:16,640
 What was included in the proposed condition was that the final plat be approved.

1576
01:41:16,640 --> 01:41:20,560
 So it was not specific to filing, but it was just that it's approved.

1577
01:41:20,560 --> 01:41:21,560
 Absolutely.

1578
01:41:21,560 --> 01:41:22,560
 We're comfortable with that.

1579
01:41:22,560 --> 01:41:23,560
 And that was, I think, within a year.

1580
01:41:23,560 --> 01:41:27,920
 So that is being approved within six months is the one that I would look to our engineer

1581
01:41:27,920 --> 01:41:31,640
 for a little more direction on, but I would imagine that's reasonable as well.

1582
01:41:31,640 --> 01:41:32,640
 Okay.

1583
01:41:32,640 --> 01:41:34,720
 So just to make sure I understand what you said.

1584
01:41:34,720 --> 01:41:40,220
 So on the civil engineering package that's more specific to the design of the residential

1585
01:41:40,220 --> 01:41:44,920
 subdivision, I know you commented you're on your eighths, but I'm hoping to have that

1586
01:41:44,920 --> 01:41:48,480
 approval here, hopefully next week, if not sooner.

1587
01:41:48,480 --> 01:41:51,440
 So that obviously could be achieved within the six-month timeframe.

1588
01:41:51,440 --> 01:41:55,800
 With respect to the lift station, you were wanting to confer with your engineer on that?

1589
01:41:55,800 --> 01:41:56,800
 Yes.

1590
01:41:56,800 --> 01:41:57,800
 Okay.

1591
01:41:57,800 --> 01:42:01,320
 And then the condition with respect to final plat approval number two, that is consistent

1592
01:42:01,320 --> 01:42:04,140
 with what is already in our Denton development code.

1593
01:42:04,140 --> 01:42:08,920
 And so we felt like it was reasonable that a final plat could be submitted following

1594
01:42:08,920 --> 01:42:15,120
 your CEP approvals and be approved, not recorded, but approved within that six-month timeframe.

1595
01:42:15,120 --> 01:42:20,380
 So like I said, it's just condition number two is more informative and belt and suspenders

1596
01:42:20,380 --> 01:42:22,720
 of what's already in the Denton development code.

1597
01:42:22,720 --> 01:42:26,920
 So the lift station plans specifically, from what I understand, they're going to be their

1598
01:42:26,920 --> 01:42:27,920
 own lot.

1599
01:42:27,920 --> 01:42:32,940
 I don't know if they'll be plotted with the final plat for phase one or not.

1600
01:42:32,940 --> 01:42:38,200
 I would look to our engineer for a little more detail on that, but we can have the final

1601
01:42:38,200 --> 01:42:42,940
 plat for phase one approved within six months and the CEPs for phase one approved within

1602
01:42:42,940 --> 01:42:44,600
 six months easily.

1603
01:42:44,600 --> 01:42:45,600
 Okay.

1604
01:42:45,600 --> 01:42:46,600
 Very good.

1605
01:42:46,600 --> 01:42:51,040
 Very good, thank you very much.

1606
01:42:51,040 --> 01:42:52,040
 Thank you.

1607
01:42:52,040 --> 01:42:54,160
 Appreciate you.

1608
01:42:54,160 --> 01:42:56,440
 This is an individual consideration item.

1609
01:42:56,440 --> 01:42:59,040
 Is there anyone wishing to speak on the item?

1610
01:42:59,040 --> 01:43:05,600
 Okay, I'm going to turn it back to the dais.

1611
01:43:05,600 --> 01:43:12,880
 Do we have questions, discussion?

1612
01:43:12,880 --> 01:43:17,040
 Questions for staff, Commissioner Pruitt?

1613
01:43:17,040 --> 01:43:19,520
 Thank you, Chair.

1614
01:43:19,520 --> 01:43:21,080
 I'm sorry to belabor this point.

1615
01:43:21,080 --> 01:43:25,360
 I just, I read from time to time and I really want to make sure I'm understanding.

1616
01:43:25,360 --> 01:43:33,600
 So to the question of non-conforming lot and use, when I look in the, sorry, in the DDC

1617
01:43:33,600 --> 01:43:41,920
 section 155A says, "A structure situated in a non-conforming lot shall be considered a

1618
01:43:41,920 --> 01:43:46,360
 non-conforming structure subject to provisions of the section 1.5."

1619
01:43:46,360 --> 01:43:52,460
 And then I think the exception that you pointed out, Chair, was B, which says, "A non-conforming

1620
01:43:52,460 --> 01:43:59,360
 lot that was made non-conforming by virtue of enactment of this DDC may be used for construction

1621
01:43:59,360 --> 01:44:01,200
 of a building allowed," et cetera.

1622
01:44:01,200 --> 01:44:05,420
 So you can go ahead and build the building there.

1623
01:44:05,420 --> 01:44:13,200
 And so my question, I guess, is approving this plot, does that make the enactment of

1624
01:44:13,200 --> 01:44:21,120
 the DDC a retroactive thing that 155B then applies to these lots?

1625
01:44:21,120 --> 01:44:29,180
 Or are we setting up a potential issue when somebody wants to build another accessory

1626
01:44:29,180 --> 01:44:34,120
 structure on their land, essentially?

1627
01:44:34,120 --> 01:44:42,200
 I've looked to Hillary for that, but, I mean, again, we're dealing, this project is being

1628
01:44:42,200 --> 01:44:45,880
 considered under the 2002 development code.

1629
01:44:45,880 --> 01:44:46,920
 Understood, yeah.

1630
01:44:46,920 --> 01:44:54,320
 So yes, any provisions that then come from a new development code, are you saying because

1631
01:44:54,320 --> 01:44:55,320
 they're not built yet?

1632
01:44:55,320 --> 01:44:57,360
 Is that what you're saying?

1633
01:44:57,360 --> 01:44:58,960
 Is that where your question is coming from?

1634
01:44:58,960 --> 01:44:59,960
 Yeah.

1635
01:44:59,960 --> 01:45:02,680
 I mean, if they were already built before the passing of the code, they would obviously

1636
01:45:02,680 --> 01:45:07,280
 be considered conforming due to that 155B.

1637
01:45:07,280 --> 01:45:08,500
 In this case, they're not.

1638
01:45:08,500 --> 01:45:14,160
 And so I just want to clarify whether, I just want to make sure we're not setting ourselves

1639
01:45:14,160 --> 01:45:21,560
 up for a situation where neighbors in this new community want to build a chicken coop

1640
01:45:21,560 --> 01:45:23,240
 or whatever it is, right?

1641
01:45:23,240 --> 01:45:27,680
 And all of a sudden they can't because their lot is less than 10,000 square feet, which

1642
01:45:27,680 --> 01:45:30,160
 is the minimum for an R3, right?

1643
01:45:30,160 --> 01:45:37,680
 So I mean, obviously we would need a more legal interpretation of that, but.

1644
01:45:37,680 --> 01:45:38,680
 Right.

1645
01:45:38,680 --> 01:45:39,680
 Thank you, Chair.

1646
01:45:39,680 --> 01:45:40,680
 Sure, sure.

1647
01:45:40,680 --> 01:45:46,240
 So it looks like Tina and Haley are conferring, and they're very much the experts on the nitty-gritty

1648
01:45:46,240 --> 01:45:50,440
 of code comparison, but my initial thought is that this project is being approved under

1649
01:45:50,440 --> 01:45:56,500
 the 2002 code, and so I think subsequent projects probably also would be, but I look forward

1650
01:45:56,500 --> 01:45:59,840
 to being corrected, Haley.

1651
01:45:59,840 --> 01:46:00,840
 Nothing to correct there.

1652
01:46:00,840 --> 01:46:03,400
 I'm Haley Zygurski, Assistant Planning Director.

1653
01:46:03,400 --> 01:46:07,120
 There is a provision that Chair Ellis was referring to in the code.

1654
01:46:07,120 --> 01:46:14,640
 It's 1.5.2(i), and that provision allows that any lot that was legally created prior to

1655
01:46:14,640 --> 01:46:20,300
 the adoption of the code cannot be made nonconforming by this code.

1656
01:46:20,300 --> 01:46:24,200
 So because they were preliminary plotted and vested, they're covered under that provision.

1657
01:46:24,200 --> 01:46:25,200
 Thank you very much.

1658
01:46:25,200 --> 01:46:26,200
 Perfection.

1659
01:46:26,200 --> 01:46:27,200
 Thank you.

1660
01:46:27,200 --> 01:46:40,200
 Any other questions, discussion, emotion?

1661
01:46:40,200 --> 01:46:44,920
 I know we've had a considerable amount of online e-comments that we all got that will

1662
01:46:44,920 --> 01:46:47,240
 be recorded for this item.

1663
01:46:47,240 --> 01:46:49,720
 I so appreciate the community staying involved.

1664
01:46:49,720 --> 01:46:55,440
 This truly was one of the best collaborative efforts that I have been a part of in the

1665
01:46:55,440 --> 01:46:59,320
 six years that I've been sitting on planning and zoning, because it did go back and forth

1666
01:46:59,320 --> 01:47:04,520
 so many times, and it did get tweaked along the way between our input and the community

1667
01:47:04,520 --> 01:47:07,960
 involvement and the community input.

1668
01:47:07,960 --> 01:47:15,280
 So one thing I did want to clarify, we talked about it at work session, but I'm going to

1669
01:47:15,280 --> 01:47:19,680
 say it here, and I know it was in Julie's presentation too, but when we refer to it

1670
01:47:19,680 --> 01:47:29,640
 now as PD, that is just by name, because when the new code was adopted, there was no overlay

1671
01:47:29,640 --> 01:47:30,640
 anymore.

1672
01:47:30,640 --> 01:47:31,640
 That wasn't a part of it.

1673
01:47:31,640 --> 01:47:39,680
 So any zoning that had overlay conditions on it just were named PD- whatever their base

1674
01:47:39,680 --> 01:47:40,680
 zoning was.

1675
01:47:40,680 --> 01:47:45,840
 So it's not that it suddenly changed in any form into some planned development.

1676
01:47:45,840 --> 01:47:54,160
 It just changed name on our map, because that's what the new development code offered.

1677
01:47:54,160 --> 01:48:01,160
 The other clarification is, you know, this request before us tonight is not a review

1678
01:48:01,160 --> 01:48:02,160
 of the project again.

1679
01:48:02,160 --> 01:48:04,520
 I mean, we've done that.

1680
01:48:04,520 --> 01:48:10,200
 Staff's done their due diligence in making sure that the overlay conditions are being

1681
01:48:10,200 --> 01:48:11,840
 met and upheld.

1682
01:48:11,840 --> 01:48:17,080
 I'm sorry for all the stalls, I mean, I certainly- I'm sure everybody involved in the project

1683
01:48:17,080 --> 01:48:22,320
 would have thought they would be further ahead by now.

1684
01:48:22,320 --> 01:48:30,440
 That all being said, if we can impose these conditions that are here, I would move approval

1685
01:48:30,440 --> 01:48:37,940
 of the extension request with said conditions.

1686
01:48:37,940 --> 01:48:39,440
 That is my motion on the floor.

1687
01:48:39,440 --> 01:48:42,200
 I will- Commissioner Villarreal?

1688
01:48:42,200 --> 01:48:43,200
 Second.

1689
01:48:43,200 --> 01:48:44,200
 Okay.

1690
01:48:44,200 --> 01:48:48,560
 So there is a first and a second on the floor right now.

1691
01:48:48,560 --> 01:48:51,760
 Do we have any discussion on that?

1692
01:48:51,760 --> 01:48:52,760
 Commissioner Villarreal.

1693
01:48:52,760 --> 01:48:58,920
 It sounds like the applicant is okay with us shortening the time in point two.

1694
01:48:58,920 --> 01:49:04,560
 She says she could get- that the application could be finished within six months.

1695
01:49:04,560 --> 01:49:08,440
 So I'd be fine if we amended and offering this as a friendly amendment from one year

1696
01:49:08,440 --> 01:49:10,960
 to six months for point number two.

1697
01:49:10,960 --> 01:49:18,400
 Well, I think point number two is taken right out of our development code now.

1698
01:49:18,400 --> 01:49:20,480
 I don't think I want to do anything with that.

1699
01:49:20,480 --> 01:49:22,600
 I mean, I don't want to accept that amendment.

1700
01:49:22,600 --> 01:49:27,520
 I'm good with the six month on the CEP.

1701
01:49:27,520 --> 01:49:28,680
 I think that's been the holdup.

1702
01:49:28,680 --> 01:49:30,560
 I really- I mean, we need to get that done.

1703
01:49:30,560 --> 01:49:34,680
 We need to light some fires and get that taken care of so we can get everything else moving,

1704
01:49:34,680 --> 01:49:36,440
 because it will move after that.

1705
01:49:36,440 --> 01:49:38,560
 So I would not want to take that.

1706
01:49:38,560 --> 01:49:39,560
 Sure thing.

1707
01:49:39,560 --> 01:49:40,560
 I retract the amendment.

1708
01:49:40,560 --> 01:49:41,560
 Okay.

1709
01:49:41,560 --> 01:49:42,560
 All right.

1710
01:49:42,560 --> 01:49:45,560
 So we have a first and a second, as stated earlier.

1711
01:49:45,560 --> 01:49:47,600
 If I could ask a question.

1712
01:49:47,600 --> 01:49:52,400
 I know the applicant had mentioned would like to confer with their engineer on the civil

1713
01:49:52,400 --> 01:49:54,520
 engineering plans with respect to the lift station.

1714
01:49:54,520 --> 01:49:57,920
 I didn't know if she had a chance to ask them or not.

1715
01:49:57,920 --> 01:50:01,880
 Do I need to fill out a form for anything?

1716
01:50:01,880 --> 01:50:03,160
 We can do that after the fact.

1717
01:50:03,160 --> 01:50:06,960
 If you want to come up here and state who you are and your address, then you can answer

1718
01:50:06,960 --> 01:50:07,960
 our question.

1719
01:50:07,960 --> 01:50:08,960
 Sure.

1720
01:50:08,960 --> 01:50:16,960
 Will Gladbach, represent- DEC engineering representing a Goffey Ranch.

1721
01:50:16,960 --> 01:50:20,440
 Address 2501 Parkview, Fort Worth.

1722
01:50:20,440 --> 01:50:21,440
 Thank you.

1723
01:50:21,440 --> 01:50:22,440
 All right.

1724
01:50:22,440 --> 01:50:30,360
 So the six months, we're at a point where- so we've gone through eight reviews and you

1725
01:50:30,360 --> 01:50:34,920
 guys probably know the city has a third party review that actually that company sends it

1726
01:50:34,920 --> 01:50:37,360
 up to Wisconsin, the kind of review.

1727
01:50:37,360 --> 01:50:43,920
 And so we're going through a lot of our comments are, I don't know, they're not succinct and

1728
01:50:43,920 --> 01:50:47,360
 they're not very linear with the previous reviews.

1729
01:50:47,360 --> 01:50:52,240
 So the six months we should, we should, as Amy mentioned, we have confidence we should

1730
01:50:52,240 --> 01:50:57,440
 be getting performance approval with this last review.

1731
01:50:57,440 --> 01:51:04,600
 The Lyft station is kind of unique because what they wanted was not what the city standards

1732
01:51:04,600 --> 01:51:05,600
 require.

1733
01:51:05,600 --> 01:51:09,780
 They wanted us to mirror what they've done across the street in Starks Farms.

1734
01:51:09,780 --> 01:51:17,680
 So we took those plans and made it to our, made it right sides for our development.

1735
01:51:17,680 --> 01:51:22,340
 But now as we're going through and the re-reviewing those plans, they're making changes.

1736
01:51:22,340 --> 01:51:29,880
 So now this is going to be a hybrid of the city standards with Starks Farms plus other

1737
01:51:29,880 --> 01:51:35,500
 things that they've learned or you have new engineers and new staff going for their preferences.

1738
01:51:35,500 --> 01:51:40,520
 So we're kind of collecting all this stuff, what the city is looking for, for this Lyft

1739
01:51:40,520 --> 01:51:41,520
 station.

1740
01:51:41,520 --> 01:51:44,840
 But other than that, as soon as we get kind of that feedback from the city of what they're

1741
01:51:44,840 --> 01:51:49,680
 asking for or what they're going to require for this Lyft station, we're ready to go.

1742
01:51:49,680 --> 01:51:52,360
 So everything is 95% complete.

1743
01:51:52,360 --> 01:51:56,940
 So it's just this last part of the city's tweaks they're looking for.

1744
01:51:56,940 --> 01:52:02,240
 The overall civil engineering plans have been pretty much conformance for the, since the

1745
01:52:02,240 --> 01:52:07,880
 sixth review and it's just kind of chasing comments for like a better way of saying that.

1746
01:52:07,880 --> 01:52:11,240
 I want to go back to the question with the six month.

1747
01:52:11,240 --> 01:52:12,640
 I mean, are you comfortable?

1748
01:52:12,640 --> 01:52:16,440
 So my thing, six months as far as we're concerned, we can do that.

1749
01:52:16,440 --> 01:52:17,440
 Okay.

1750
01:52:17,440 --> 01:52:22,920
 I don't know how do we address if the city is continually going, well, I want this now

1751
01:52:22,920 --> 01:52:24,820
 or I want that now.

1752
01:52:24,820 --> 01:52:29,400
 So what helps us from that standpoint is because your civil engineering plans are subject to

1753
01:52:29,400 --> 01:52:32,120
 the shot clock provisions, we will be performing on our end.

1754
01:52:32,120 --> 01:52:34,880
 So we'll make sure we get our reviews completed and comments to you.

1755
01:52:34,880 --> 01:52:40,260
 I would like to think if we're at 95% on the design of the Lyft station, that to achieve

1756
01:52:40,260 --> 01:52:44,880
 the remaining 5% that we could get that accomplished within six months from today, if the commission

1757
01:52:44,880 --> 01:52:46,880
 were to approve the extension.

1758
01:52:46,880 --> 01:52:47,880
 I believe so.

1759
01:52:47,880 --> 01:52:53,420
 Like I said, the last thing, instead of a concrete, they wanted a fiber class wet well

1760
01:52:53,420 --> 01:52:59,160
 and now they want a concrete one, or a different pump manufacturers.

1761
01:52:59,160 --> 01:53:05,200
 So all of this stuff is not necessarily driven by our design, it's by the city's request.

1762
01:53:05,200 --> 01:53:10,520
 And so my thing on six months, it should be, it should be the next submittal and everything,

1763
01:53:10,520 --> 01:53:17,680
 that if a new reviewer at the city goes, well, I want this and we're going back three submittals

1764
01:53:17,680 --> 01:53:19,200
 to do stuff.

1765
01:53:19,200 --> 01:53:26,920
 And that's in the do loop right now that's making it a little bit frustrating.

1766
01:53:26,920 --> 01:53:31,360
 But overall, six months should be doable, but I haven't been able to predict the city

1767
01:53:31,360 --> 01:53:32,360
 yet.

1768
01:53:32,360 --> 01:53:34,920
 I guess is where my comments come from.

1769
01:53:34,920 --> 01:53:35,920
 Okay.

1770
01:53:35,920 --> 01:53:39,480
 So, I mean, I would like to think six months is reasonable, I'll be honest with you.

1771
01:53:39,480 --> 01:53:42,720
 I don't have PEF in my name, I've never designed a lift station.

1772
01:53:42,720 --> 01:53:48,040
 But what I can help in the reviewing is making sure that the city's commitment is that we

1773
01:53:48,040 --> 01:53:53,440
 keep our reviews moving forward and to try to minimize some of the back and forth.

1774
01:53:53,440 --> 01:53:57,080
 But it's, I would like to think those six months would be acceptable.

1775
01:53:57,080 --> 01:54:00,520
 The other option, I guess, is that if the commission wanted to consider an alternate

1776
01:54:00,520 --> 01:54:05,300
 time period for the lift station, then I mean, that's up to you.

1777
01:54:05,300 --> 01:54:08,240
 But I would like to think that this could all be achieved within six months.

1778
01:54:08,240 --> 01:54:15,200
 If we're being told what is truthful, where we are, there would be zero reason in my mind.

1779
01:54:15,200 --> 01:54:20,560
 And again, I'm not an engineer either, but we can't keep this moving and get this approved

1780
01:54:20,560 --> 01:54:21,560
 within six months.

1781
01:54:21,560 --> 01:54:22,560
 So, okay.

1782
01:54:22,560 --> 01:54:26,560
 Thank you very much.

1783
01:54:26,560 --> 01:54:28,120
 Any other discussion?

1784
01:54:28,120 --> 01:54:30,200
 We do have a motion on the floor.

1785
01:54:30,200 --> 01:54:31,200
 Commissioner Pruitt.

1786
01:54:31,200 --> 01:54:32,200
 Thank you, Chair.

1787
01:54:32,200 --> 01:54:33,200
 I'll try to be brief here.

1788
01:54:33,200 --> 01:54:39,200
 I have to say a couple things because I am new to this commission since the zoning change

1789
01:54:39,200 --> 01:54:48,400
 and the original change with the overlays were, was approved.

1790
01:54:48,400 --> 01:54:55,800
 You know, I think it's kind of been summed up well tonight is that this is an unfortunate

1791
01:54:55,800 --> 01:55:02,280
 situation because the applicant hasn't completed all their engineering and platting within

1792
01:55:02,280 --> 01:55:04,600
 the two year time period.

1793
01:55:04,600 --> 01:55:07,640
 But here we are today, right?

1794
01:55:07,640 --> 01:55:16,360
 In my opinion, this project and the zoning is a big problem, but we're not here for that,

1795
01:55:16,360 --> 01:55:17,360
 right?

1796
01:55:17,360 --> 01:55:21,720
 Also, in my opinion, the fact that we even need a lift station suggests that maybe we

1797
01:55:21,720 --> 01:55:26,000
 shouldn't be building homes here so that we have to build a huge pump to lift people's

1798
01:55:26,000 --> 01:55:29,080
 poo so that it can go down to the treatment place.

1799
01:55:29,080 --> 01:55:34,000
 I mean, it's, it's physically irresponsible in my view.

1800
01:55:34,000 --> 01:55:39,400
 At the same time, yeah, there's a lot of problems.

1801
01:55:39,400 --> 01:55:46,080
 But I have to separate myself from those previous decisions and hope that future decisions will

1802
01:55:46,080 --> 01:55:54,480
 be more responsible to our taxpayers and our rate payers and you know, that's, that's

1803
01:55:54,480 --> 01:55:55,480
 where I am.

1804
01:55:55,480 --> 01:55:56,480
 So thank you.

1805
01:55:56,480 --> 01:55:59,560
 Any other discussion?

1806
01:55:59,560 --> 01:56:05,000
 Okay, we will go ahead and vote by roll call.

1807
01:56:05,000 --> 01:56:06,000
 Commissioner Villarreal.

1808
01:56:06,000 --> 01:56:07,000
 Aye.

1809
01:56:07,000 --> 01:56:08,000
 Commissioner Cole.

1810
01:56:08,000 --> 01:56:09,000
 Aye.

1811
01:56:09,000 --> 01:56:10,000
 Commissioner McDade.

1812
01:56:10,000 --> 01:56:11,000
 Aye.

1813
01:56:11,000 --> 01:56:12,000
 Commissioner Pruitt.

1814
01:56:12,000 --> 01:56:13,000
 Aye.

1815
01:56:13,000 --> 01:56:15,800
 Did I get everybody?

1816
01:56:15,800 --> 01:56:17,360
 One, two, three, four.

1817
01:56:17,360 --> 01:56:18,760
 Chair is an aye.

1818
01:56:18,760 --> 01:56:23,320
 That motion will carry five, zero.

1819
01:56:23,320 --> 01:56:30,400
 Okay, that will move us to 4C, FP22-0023.

1820
01:56:30,400 --> 01:56:38,160
 Julie, I believe you are on again.

1821
01:56:38,160 --> 01:56:52,800
 Good evening, let me pull up the plat presentations and get to the right spot.

1822
01:56:52,800 --> 01:56:53,800
 All right.

1823
01:56:53,800 --> 01:56:54,800
 Sorry about that.

1824
01:56:54,800 --> 01:56:57,480
 Good evening, Julie Wyatt, senior planner with the City of Denton.

1825
01:56:57,480 --> 01:57:02,960
 I am presenting FP22-0023.

1826
01:57:02,960 --> 01:57:06,320
 This property is within the ropes and ranch plan development.

1827
01:57:06,320 --> 01:57:12,680
 It is a single family development with some open space lots or single family unit with

1828
01:57:12,680 --> 01:57:14,740
 the open space lots.

1829
01:57:14,740 --> 01:57:21,680
 Your original agenda and backup material indicated a recommendation of denial with an extension

1830
01:57:21,680 --> 01:57:23,360
 to August 24th.

1831
01:57:23,360 --> 01:57:29,620
 In the interim period, they have addressed all staff's comments and so we can recommend

1832
01:57:29,620 --> 01:57:30,620
 approval.

1833
01:57:30,620 --> 01:57:34,000
 So that revised plat was sent over to you.

1834
01:57:34,000 --> 01:57:39,400
 So staff does recommend approval of this final plat as it does meet all of our standards.

1835
01:57:39,400 --> 01:57:41,400
 I'll be happy to answer any questions.

1836
01:57:41,400 --> 01:57:42,880
 Thank you, Julie.

1837
01:57:42,880 --> 01:57:43,880
 Questions for Julie?

1838
01:57:43,880 --> 01:57:44,880
 Okay.

1839
01:57:44,880 --> 01:57:45,880
 Thank you.

1840
01:57:45,880 --> 01:57:46,880
 Thank you.

1841
01:57:46,880 --> 01:57:51,760
 Chair can entertain discussion or motion.

1842
01:57:51,760 --> 01:57:52,760
 Commissioner Villarreal.

1843
01:57:52,760 --> 01:57:54,320
 I move approval of the plat.

1844
01:57:54,320 --> 01:57:55,320
 Okay.

1845
01:57:55,320 --> 01:57:56,320
 Commissioner McDade?

1846
01:57:56,320 --> 01:57:57,320
 Second.

1847
01:57:57,320 --> 01:57:58,320
 Okay.

1848
01:57:58,320 --> 01:57:59,920
 We've got a first and a second for approval.

1849
01:57:59,920 --> 01:58:00,920
 Any discussion?

1850
01:58:00,920 --> 01:58:01,920
 Okay.

1851
01:58:01,920 --> 01:58:02,920
 Commissioner Cole?

1852
01:58:02,920 --> 01:58:03,920
 Yeah.

1853
01:58:03,920 --> 01:58:16,320
 I'm looking at this site location map and I just want to be sure that this isn't touching

1854
01:58:16,320 --> 01:58:30,640
 any of Cole Ranch because it looks like where this is located, I don't know if I can vote

1855
01:58:30,640 --> 01:58:31,640
 on this.

1856
01:58:31,640 --> 01:58:33,760
 I just want to be sure.

1857
01:58:33,760 --> 01:58:34,760
 So just-

1858
01:58:34,760 --> 01:58:35,980
 Are we adjacent owners right there?

1859
01:58:35,980 --> 01:58:40,560
 I believe Cole Ranch is that along this property line here.

1860
01:58:40,560 --> 01:58:43,120
 Is that we're line else?

1861
01:58:43,120 --> 01:58:45,160
 Am I right on that?

1862
01:58:45,160 --> 01:58:46,160
 Yes.

1863
01:58:46,160 --> 01:58:53,280
 It's kind of- It is within the interior of Robeson.

1864
01:58:53,280 --> 01:58:54,280
 I don't know if that-

1865
01:58:54,280 --> 01:58:55,280
 Okay.

1866
01:58:55,280 --> 01:58:56,280
 Is that adjoining?

1867
01:58:56,280 --> 01:58:57,280
 I mean, that's a big deal.

1868
01:58:57,280 --> 01:58:58,920
 It's Hunter Ranch that's adjacent to this property.

1869
01:58:58,920 --> 01:59:00,320
 Which is adjacent to us?

1870
01:59:00,320 --> 01:59:02,240
 To Julie's point, it would be located over-

1871
01:59:02,240 --> 01:59:03,240
 Okay.

1872
01:59:03,240 --> 01:59:04,240
 Okay.

1873
01:59:04,240 --> 01:59:05,240
 So-

1874
01:59:05,240 --> 01:59:06,240
 This would be the closest point.

1875
01:59:06,240 --> 01:59:07,240
 In your view, I'm good.

1876
01:59:07,240 --> 01:59:08,240
 I believe so.

1877
01:59:08,240 --> 01:59:09,240
 Okay.

1878
01:59:09,240 --> 01:59:10,240
 Okay.

1879
01:59:10,240 --> 01:59:11,240
 Okay.

1880
01:59:11,240 --> 01:59:14,840
 Got a first and a second for approval.

1881
01:59:14,840 --> 01:59:15,840
 Commissioner Villarreal?

1882
01:59:15,840 --> 01:59:16,840
 Aye.

1883
01:59:16,840 --> 01:59:17,840
 Commissioner McDade?

1884
01:59:17,840 --> 01:59:18,840
 Aye.

1885
01:59:18,840 --> 01:59:19,840
 Commissioner Pruitt?

1886
01:59:19,840 --> 01:59:20,840
 Aye.

1887
01:59:20,840 --> 01:59:21,840
 Commissioner Cole?

1888
01:59:21,840 --> 01:59:22,840
 Aye.

1889
01:59:22,840 --> 01:59:23,840
 Chair has an aye.

1890
01:59:23,840 --> 01:59:25,920
 That motion carries five at zero.

1891
01:59:25,920 --> 01:59:31,080
 Taking us to 4D FP220024.

1892
01:59:31,080 --> 01:59:32,080
 Julie it's your show.

1893
01:59:32,080 --> 01:59:35,240
 Good evening, Julie Wyatt.

1894
01:59:35,240 --> 01:59:42,600
 This is a final plat, FP22-0024 for rail yard phase one.

1895
01:59:42,600 --> 01:59:44,380
 You might remember the preliminary plat.

1896
01:59:44,380 --> 01:59:46,440
 It's come before you recently.

1897
01:59:46,440 --> 01:59:50,200
 This is for a multi-family development near downtown.

1898
01:59:50,200 --> 01:59:53,960
 They still have some comments they need to address, so staff recommends a denial of the

1899
01:59:53,960 --> 01:59:54,960
 request.

1900
01:59:54,960 --> 01:59:58,800
 However, we have no objection to the requested extension to August 24th.

1901
01:59:58,800 --> 02:00:00,840
 I'll be happy to answer any questions.

1902
02:00:00,840 --> 02:00:02,240
 Thank you, Julie.

1903
02:00:02,240 --> 02:00:03,240
 Questions for Julie?

1904
02:00:03,240 --> 02:00:04,240
 Okay.

1905
02:00:04,240 --> 02:00:05,240
 Thank you.

1906
02:00:05,240 --> 02:00:06,240
 Commissioner Villarreal?

1907
02:00:06,240 --> 02:00:14,920
 I move approval of the extension to a date certain of August 24th, 2022.

1908
02:00:14,920 --> 02:00:15,920
 Okay.

1909
02:00:15,920 --> 02:00:16,920
 We've got a first.

1910
02:00:16,920 --> 02:00:17,920
 Second.

1911
02:00:17,920 --> 02:00:22,920
 Commissioner Pruitt is a second, first and a second for approval of the extension request

1912
02:00:22,920 --> 02:00:25,880
 to a date certain of August 24th.

1913
02:00:25,880 --> 02:00:26,880
 Any discussion?

1914
02:00:26,880 --> 02:00:27,880
 Okay.

1915
02:00:27,880 --> 02:00:28,880
 Commissioner Villarreal?

1916
02:00:28,880 --> 02:00:29,880
 Aye.

1917
02:00:29,880 --> 02:00:30,880
 Commissioner Pruitt?

1918
02:00:30,880 --> 02:00:31,880
 Aye.

1919
02:00:31,880 --> 02:00:32,880
 Commissioner McDade?

1920
02:00:32,880 --> 02:00:33,880
 Aye.

1921
02:00:33,880 --> 02:00:34,880
 Commissioner Cole?

1922
02:00:34,880 --> 02:00:35,880
 Aye.

1923
02:00:35,880 --> 02:00:42,680
 The motion carries 5-0, taking us to 4EPP22-0020.

1924
02:00:42,680 --> 02:00:49,400
 I invite Angie up for presentation of this item.

1925
02:00:49,400 --> 02:00:50,400
 Good evening.

1926
02:00:50,400 --> 02:00:51,400
 Hi.

1927
02:00:51,400 --> 02:00:52,400
 Good evening, all.

1928
02:00:52,400 --> 02:00:55,060
 Angie Mangler, Senior Planner at the City of Denton.

1929
02:00:55,060 --> 02:01:00,320
 This is a proposed preliminary plat for Elon Denton, Phase 2B.

1930
02:01:00,320 --> 02:01:03,520
 It is located west of Mayhill Road, south of Spencer Road.

1931
02:01:03,520 --> 02:01:06,560
 It's approximately 14.4 acres.

1932
02:01:06,560 --> 02:01:10,260
 The purpose of this preliminary plat is to establish the boundaries and easements for

1933
02:01:10,260 --> 02:01:12,960
 a one-lot multifamily development.

1934
02:01:12,960 --> 02:01:16,920
 At this time, the plat does not meet all of our criteria for approval, and staff is recommending

1935
02:01:16,920 --> 02:01:17,920
 denial.

1936
02:01:17,920 --> 02:01:21,520
 However, we have no objections to approval of the one-time extension, which could be

1937
02:01:21,520 --> 02:01:24,760
 granted to a date certain of August 24th.

1938
02:01:24,760 --> 02:01:26,600
 That I'm happy to answer any questions.

1939
02:01:26,600 --> 02:01:27,780
 Thank you very much, Angie.

1940
02:01:27,780 --> 02:01:31,000
 Any questions on this one?

1941
02:01:31,000 --> 02:01:32,480
 Okay.

1942
02:01:32,480 --> 02:01:34,080
 Thank you.

1943
02:01:34,080 --> 02:01:36,400
 Chair can entertain discussion or motion.

1944
02:01:36,400 --> 02:01:37,400
 Commissioner Pruitt?

1945
02:01:37,400 --> 02:01:41,640
 Move approval of the applicant requested extension to the date certain of August 24th.

1946
02:01:41,640 --> 02:01:42,640
 Okay.

1947
02:01:42,640 --> 02:01:44,960
 We've got a first for approval.

1948
02:01:44,960 --> 02:01:45,960
 Commissioner Cole?

1949
02:01:45,960 --> 02:01:46,960
 Second.

1950
02:01:46,960 --> 02:01:47,960
 Okay.

1951
02:01:47,960 --> 02:01:50,360
 We've got a first and a second for approval of the extension request to a date certain

1952
02:01:50,360 --> 02:01:52,120
 of August 24th.

1953
02:01:52,120 --> 02:01:55,320
 Any discussion?

1954
02:01:55,320 --> 02:01:56,320
 Commissioner Pruitt?

1955
02:01:56,320 --> 02:01:57,320
 Aye.

1956
02:01:57,320 --> 02:01:58,320
 Commissioner Cole?

1957
02:01:58,320 --> 02:01:59,320
 Aye.

1958
02:01:59,320 --> 02:02:00,320
 Commissioner Villarreal?

1959
02:02:00,320 --> 02:02:01,320
 Aye.

1960
02:02:01,320 --> 02:02:02,320
 Commissioner McDade?

1961
02:02:02,320 --> 02:02:03,320
 Aye.

1962
02:02:03,320 --> 02:02:04,320
 Chair has an aye.

1963
02:02:04,320 --> 02:02:10,000
 That motion carries 5-0, taking us to 4-F, PP22-0018.

1964
02:02:10,000 --> 02:02:13,080
 Angie, you're back up.

1965
02:02:13,080 --> 02:02:14,080
 Hi.

1966
02:02:14,080 --> 02:02:16,920
 Angie Manglars, Senior Planner.

1967
02:02:16,920 --> 02:02:20,200
 This is a preliminary plat for cowboy distribution.

1968
02:02:20,200 --> 02:02:24,280
 It is located at the intersection of Northwestern Boulevard and Jim Crystal Road.

1969
02:02:24,280 --> 02:02:28,640
 It is a preliminary plat to establish the boundaries, right-of-way, and easements for

1970
02:02:28,640 --> 02:02:32,760
 proposed future industrial development to be located at this intersection.

1971
02:02:32,760 --> 02:02:36,820
 At this time, staff is recommending denial as the preliminary plat fails to meet our

1972
02:02:36,820 --> 02:02:38,480
 established criteria for approval.

1973
02:02:38,480 --> 02:02:42,500
 However, we have no objection to the one-time extension that could be granted to a date

1974
02:02:42,500 --> 02:02:45,440
 certain of August 24th.

1975
02:02:45,440 --> 02:02:46,640
 Thank you very much.

1976
02:02:46,640 --> 02:02:48,600
 Questions for Angie on this one?

1977
02:02:48,600 --> 02:02:49,600
 Okay.

1978
02:02:49,600 --> 02:02:50,600
 Thank you.

1979
02:02:50,600 --> 02:02:56,560
 Chair can entertain discussion or a motion.

1980
02:02:56,560 --> 02:02:57,560
 Okay.

1981
02:02:57,560 --> 02:03:03,480
 I will move approval of the extension request to a date certain of August 24th.

1982
02:03:03,480 --> 02:03:04,480
 Commissioner Villarreal?

1983
02:03:04,480 --> 02:03:05,480
 Second.

1984
02:03:05,480 --> 02:03:11,400
 We've got a first and a second on the floor for approval of the extension request.

1985
02:03:11,400 --> 02:03:13,880
 Any discussion?

1986
02:03:13,880 --> 02:03:14,880
 Commissioner Villarreal?

1987
02:03:14,880 --> 02:03:15,880
 Aye.

1988
02:03:15,880 --> 02:03:16,880
 Commissioner Cole?

1989
02:03:16,880 --> 02:03:17,880
 Aye.

1990
02:03:17,880 --> 02:03:18,880
 Commissioner McDade?

1991
02:03:18,880 --> 02:03:19,880
 Aye.

1992
02:03:19,880 --> 02:03:20,880
 Commissioner Pruitt?

1993
02:03:20,880 --> 02:03:21,880
 Aye.

1994
02:03:21,880 --> 02:03:22,880
 Chair has an aye.

1995
02:03:22,880 --> 02:03:30,600
 Page 50, taking us to 4G, PP210034.

1996
02:03:30,600 --> 02:03:34,240
 Commissioner Cole, I believe you are recusing from this item, so I will give you a moment

1997
02:03:34,240 --> 02:03:37,080
 to leave the dais.

1998
02:03:37,080 --> 02:03:40,160
 Okay.

1999
02:03:40,160 --> 02:03:42,560
 And Angie, you are back up for presentation.

2000
02:03:42,560 --> 02:03:43,560
 Hey.

2001
02:03:43,560 --> 02:03:45,440
 Angie Mangleris.

2002
02:03:45,440 --> 02:03:51,000
 This is a preliminary plat for phase one of the Cole Ranch development.

2003
02:03:51,000 --> 02:03:53,680
 It's in the Cole Ranch master plan community.

2004
02:03:53,680 --> 02:04:01,040
 This proposed phase is approximately 720 acres and includes single family residential, town

2005
02:04:01,040 --> 02:04:06,240
 home development, mixed use lots, as well as multi-family lot and two industrial lots

2006
02:04:06,240 --> 02:04:09,200
 on 720 acres.

2007
02:04:09,200 --> 02:04:13,960
 Since the time the packet went out and this afternoon, the plat has met all of our criteria

2008
02:04:13,960 --> 02:04:18,280
 for approval and we are affording this to you this evening with a recommendation of

2009
02:04:18,280 --> 02:04:19,280
 approval.

2010
02:04:19,280 --> 02:04:21,840
 We may answer any questions you may have.

2011
02:04:21,840 --> 02:04:22,840
 Excellent.

2012
02:04:22,840 --> 02:04:23,840
 Thank you.

2013
02:04:23,840 --> 02:04:24,840
 Questions?

2014
02:04:24,840 --> 02:04:28,080
 I do not see any.

2015
02:04:28,080 --> 02:04:29,760
 Thank you.

2016
02:04:29,760 --> 02:04:30,760
 Commissioner Villarreal.

2017
02:04:30,760 --> 02:04:33,080
 I move approval of the plat.

2018
02:04:33,080 --> 02:04:34,080
 We've got a first.

2019
02:04:34,080 --> 02:04:35,080
 Second.

2020
02:04:35,080 --> 02:04:38,320
 Commissioner McDade, we've got a first and a second for approval.

2021
02:04:38,320 --> 02:04:39,320
 Any discussion?

2022
02:04:39,320 --> 02:04:40,320
 Okay.

2023
02:04:40,320 --> 02:04:41,320
 Commissioner Villarreal?

2024
02:04:41,320 --> 02:04:42,320
 Aye.

2025
02:04:42,320 --> 02:04:43,320
 Commissioner McDade?

2026
02:04:43,320 --> 02:04:44,320
 Aye.

2027
02:04:44,320 --> 02:04:45,320
 Commissioner Pruitt?

2028
02:04:45,320 --> 02:04:46,320
 Aye.

2029
02:04:46,320 --> 02:04:47,320
 Chair has also an aye.

2030
02:04:47,320 --> 02:04:51,440
 The motion carries 4-0, one recused.

2031
02:04:51,440 --> 02:05:02,760
 Let's let Commissioner Cole head back in and I will call item 4HPP22-0017 and Mia is here

2032
02:05:02,760 --> 02:05:05,760
 for presentation.

2033
02:05:05,760 --> 02:05:16,200
 Good evening, Chair, members of the commission, Mia Hines, Associate Planner.

2034
02:05:16,200 --> 02:05:21,680
 This is a preliminary plat for Legends Ranch, which is actually located within the city's

2035
02:05:21,680 --> 02:05:25,880
 ETJ, just north of West University Drive.

2036
02:05:25,880 --> 02:05:29,840
 Under the current development code, we do not review preliminary plats within our ETJ.

2037
02:05:29,840 --> 02:05:35,560
 However, this particular community is within a municipal utility district, excuse me, and

2038
02:05:35,560 --> 02:05:40,640
 so as a part of the development agreement established with that district, we do require

2039
02:05:40,640 --> 02:05:45,080
 the review and approval process of a preliminary plat.

2040
02:05:45,080 --> 02:05:49,400
 At this time, though, that preliminary plat does not meet all of our criteria for approval,

2041
02:05:49,400 --> 02:05:50,960
 and so staff is recommending the denial.

2042
02:05:50,960 --> 02:05:56,600
 However, the applicant has submitted a request for a 30-day extension and we do not have

2043
02:05:56,600 --> 02:05:58,840
 an objection to that request.

2044
02:05:58,840 --> 02:06:03,000
 I'll take any questions or answer any questions that you have at this time.

2045
02:06:03,000 --> 02:06:04,260
 Thank you, Mia.

2046
02:06:04,260 --> 02:06:07,440
 Any questions for me on this?

2047
02:06:07,440 --> 02:06:08,440
 Thank you very much.

2048
02:06:08,440 --> 02:06:09,440
 Thank you.

2049
02:06:09,440 --> 02:06:10,440
 Commissioner Villarreal?

2050
02:06:10,440 --> 02:06:14,200
 I move approval of the extension to a date certain of August 24, 2022.

2051
02:06:14,200 --> 02:06:15,200
 Thank you.

2052
02:06:15,200 --> 02:06:18,280
 We've got a first for approval.

2053
02:06:18,280 --> 02:06:19,280
 Commissioner Cole?

2054
02:06:19,280 --> 02:06:20,280
 Second.

2055
02:06:20,280 --> 02:06:26,680
 Got a first and a second to approve the extension request to a date certain of August 24 discussion.

2056
02:06:26,680 --> 02:06:27,680
 Commissioner Villarreal?

2057
02:06:27,680 --> 02:06:28,680
 Aye.

2058
02:06:28,680 --> 02:06:29,680
 Commissioner Cole?

2059
02:06:29,680 --> 02:06:30,680
 Aye.

2060
02:06:30,680 --> 02:06:31,680
 Commissioner McDade?

2061
02:06:31,680 --> 02:06:32,680
 Aye.

2062
02:06:32,680 --> 02:06:33,680
 Commissioner Pruitt?

2063
02:06:33,680 --> 02:06:34,680
 Aye.

2064
02:06:34,680 --> 02:06:35,680
 Chair is an aye.

2065
02:06:35,680 --> 02:06:40,680
 That motion carries 5-0, taking us to 4-I, FR22-0007.

2066
02:06:40,680 --> 02:06:44,720
 Hello again, Mia.

2067
02:06:44,720 --> 02:06:48,240
 Hello again, Mia Hines, Associate Planner.

2068
02:06:48,240 --> 02:06:56,680
 This is a final replat for Razor Ranch East, lot 4R1, Block A. The property is located

2069
02:06:56,680 --> 02:07:02,400
 within the Razor Ranch Overlay District, just north of Crescent.

2070
02:07:02,400 --> 02:07:07,360
 Staff is recommending denial at this time as the application does not meet all of our

2071
02:07:07,360 --> 02:07:11,380
 criteria for approval, however, the applicant has requested a 30-day extension and we do

2072
02:07:11,380 --> 02:07:13,040
 not have an objection to that request.

2073
02:07:13,040 --> 02:07:14,040
 Great.

2074
02:07:14,040 --> 02:07:15,040
 I'll take any questions you have.

2075
02:07:15,040 --> 02:07:16,040
 Thank you, Mia.

2076
02:07:16,040 --> 02:07:19,240
 I do not see any questions.

2077
02:07:19,240 --> 02:07:23,240
 Thank you very much.

2078
02:07:23,240 --> 02:07:24,520
 Commissioner Villarreal?

2079
02:07:24,520 --> 02:07:29,080
 Move approval of the extension to a date certain of August 24, 2022.

2080
02:07:29,080 --> 02:07:30,080
 Commissioner Cole?

2081
02:07:30,080 --> 02:07:31,080
 Second.

2082
02:07:31,080 --> 02:07:37,880
 I second to approve the extension request to a date certain of August 24.

2083
02:07:37,880 --> 02:07:38,880
 Commissioner Villarreal?

2084
02:07:38,880 --> 02:07:39,880
 Aye.

2085
02:07:39,880 --> 02:07:40,880
 Commissioner Cole?

2086
02:07:40,880 --> 02:07:41,880
 Aye.

2087
02:07:41,880 --> 02:07:42,880
 Commissioner McDade?

2088
02:07:42,880 --> 02:07:43,880
 Aye.

2089
02:07:43,880 --> 02:07:44,880
 Commissioner Pruitt?

2090
02:07:44,880 --> 02:07:45,880
 Aye.

2091
02:07:45,880 --> 02:07:46,880
 Chair is an aye.

2092
02:07:46,880 --> 02:07:47,880
 That motion carries 5-0.

2093
02:07:47,880 --> 02:07:54,220
 We are now on 4-J, FP22-0022.

2094
02:07:54,220 --> 02:07:55,220
 Ashley's item.

2095
02:07:55,220 --> 02:07:56,220
 Hi, Ashley.

2096
02:07:56,220 --> 02:07:57,220
 Good evening.

2097
02:07:57,220 --> 02:08:02,400
 Ashley Hickok, assistant planner, City of Denton.

2098
02:08:02,400 --> 02:08:05,340
 This item is for a final plat.

2099
02:08:05,340 --> 02:08:08,540
 It is on Airport Road, east of Precision Drive.

2100
02:08:08,540 --> 02:08:10,740
 At this time, staff is recommending denial.

2101
02:08:10,740 --> 02:08:15,020
 They have not met all the criteria for approval, but we have no objection to the requested

2102
02:08:15,020 --> 02:08:16,500
 extension to August 24.

2103
02:08:16,500 --> 02:08:18,420
 I'm happy to answer any questions.

2104
02:08:18,420 --> 02:08:19,420
 Thank you very much.

2105
02:08:19,420 --> 02:08:20,420
 Questions for Ashley?

2106
02:08:20,420 --> 02:08:21,420
 I'm not seeing any.

2107
02:08:21,420 --> 02:08:22,420
 Thank you very much.

2108
02:08:22,420 --> 02:08:30,740
 Discussion or motion?

2109
02:08:30,740 --> 02:08:31,740
 Commissioner Villarreal.

2110
02:08:31,740 --> 02:08:36,940
 I move approval of the extension to a date certain of August 24, 2022.

2111
02:08:36,940 --> 02:08:37,940
 Commissioner Cole?

2112
02:08:37,940 --> 02:08:38,940
 Second.

2113
02:08:38,940 --> 02:08:42,420
 You've got a first and a second to approve the extension request to a date certain of

2114
02:08:42,420 --> 02:08:44,260
 August 24.

2115
02:08:44,260 --> 02:08:46,140
 No discussion.

2116
02:08:46,140 --> 02:08:47,140
 Commissioner Villarreal?

2117
02:08:47,140 --> 02:08:48,140
 Aye.

2118
02:08:48,140 --> 02:08:49,140
 Commissioner Cole?

2119
02:08:49,140 --> 02:08:50,140
 Aye.

2120
02:08:50,140 --> 02:08:51,140
 Commissioner McDade?

2121
02:08:51,140 --> 02:08:52,140
 Aye.

2122
02:08:52,140 --> 02:08:53,140
 Commissioner Prudt?

2123
02:08:53,140 --> 02:08:54,140
 Aye.

2124
02:08:54,140 --> 02:08:57,260
 Chair is an aye.

2125
02:08:57,260 --> 02:08:59,420
 Motion carries 5-0.

2126
02:08:59,420 --> 02:09:01,620
 I will call item 4K.

2127
02:09:01,620 --> 02:09:04,980
 Commissioner Cole, I believe you are recusing yourself on this item.

2128
02:09:04,980 --> 02:09:08,180
 Give you a moment.

2129
02:09:08,180 --> 02:09:09,180
 Calling 4K FP22-0020A.

2130
02:09:09,180 --> 02:09:10,180
 Hello, Ron.

2131
02:09:10,180 --> 02:09:17,180
 Good evening, Madam Chair, members of the commission, Ron Minguida, principal planner

2132
02:09:17,180 --> 02:09:18,720
 of development services.

2133
02:09:18,720 --> 02:09:24,540
 This item is a final plat for a property located just south of Jim Crystal.

2134
02:09:24,540 --> 02:09:26,860
 It is a one-lot plat.

2135
02:09:26,860 --> 02:09:31,300
 As of today, staff is recommending approval of this request as it meets the established

2136
02:09:31,300 --> 02:09:32,940
 criteria for final plots.

2137
02:09:32,940 --> 02:09:39,020
 However, there is a condition that staff is placing on this item that is because of two

2138
02:09:39,020 --> 02:09:44,620
 stormwater drainage channels that are being proposed within an ESA, environmental sensitive

2139
02:09:44,620 --> 02:09:46,020
 area.

2140
02:09:46,020 --> 02:09:52,580
 That alternative ESA is scheduled for actually discussion for you all this evening, later

2141
02:09:52,580 --> 02:09:57,620
 during the public hearing, and then if forwarded to City Council, it would be on their August

2142
02:09:57,620 --> 02:10:00,260
 16th City Council date.

2143
02:10:00,260 --> 02:10:05,140
 But again, staff recommends approval with the following conditions, that the ALT ESA

2144
02:10:05,140 --> 02:10:09,700
 is approved at the council meeting on August 16th.

2145
02:10:09,700 --> 02:10:10,700
 Great.

2146
02:10:10,700 --> 02:10:11,700
 Thank you, Ron.

2147
02:10:11,700 --> 02:10:12,700
 Any discussion?

2148
02:10:12,700 --> 02:10:13,700
 Questions?

2149
02:10:13,700 --> 02:10:17,220
 Okay.

2150
02:10:17,220 --> 02:10:18,220
 Thank you very much.

2151
02:10:18,220 --> 02:10:19,220
 Commissioner Villareal.

2152
02:10:19,220 --> 02:10:23,380
 I move approval with the conditions set forth by staff.

2153
02:10:23,380 --> 02:10:25,260
 Commissioner McDade.

2154
02:10:25,260 --> 02:10:26,260
 Second.

2155
02:10:26,260 --> 02:10:27,260
 Okay.

2156
02:10:27,260 --> 02:10:31,580
 We've got a first and a second for approval of the plat with conditions noted.

2157
02:10:31,580 --> 02:10:33,460
 Discussion?

2158
02:10:33,460 --> 02:10:34,460
 Commissioner Villareal.

2159
02:10:34,460 --> 02:10:35,460
 Aye.

2160
02:10:35,460 --> 02:10:36,460
 Commissioner McDade.

2161
02:10:36,460 --> 02:10:37,460
 Aye.

2162
02:10:37,460 --> 02:10:38,460
 Commissioner Pruitt.

2163
02:10:38,460 --> 02:10:39,460
 Aye.

2164
02:10:39,460 --> 02:10:40,460
 Chair has an aye.

2165
02:10:40,460 --> 02:10:42,820
 That motion carries 4-0.

2166
02:10:42,820 --> 02:10:47,060
 That will move us to our public hearing items for this evening.

2167
02:10:47,060 --> 02:10:52,980
 But Commissioner Cole, you're not back for that item because you need to recruit.

2168
02:10:52,980 --> 02:10:55,540
 Thank you for your return, but we'll see you in the next one.

2169
02:10:55,540 --> 02:10:56,540
 Okay.

2170
02:10:56,540 --> 02:11:06,140
 I will call item 5A, AESA 22-000, bring up Christy Upton for presentation, and I will

2171
02:11:06,140 --> 02:11:08,260
 open the public hearing.

2172
02:11:08,260 --> 02:11:12,540
 There you go.

2173
02:11:12,540 --> 02:11:15,780
 There you are.

2174
02:11:15,780 --> 02:11:17,860
 Sorry.

2175
02:11:17,860 --> 02:11:26,480
 Christy Upton, Environmental Compliance Coordinator, and I will be presenting the Alternative

2176
02:11:26,480 --> 02:11:31,700
 ESA Plan that was just mentioned in the last presentation.

2177
02:11:31,700 --> 02:11:37,100
 This is an Alternative ESA Plan for DIT and EXTER Edition Number 3.

2178
02:11:37,100 --> 02:11:44,420
 The purpose of these Alternative ESA Plans is a request to deviate from the DIT and Development

2179
02:11:44,420 --> 02:11:50,180
 Code's requirement to protect and preserve our environmentally sensitive areas.

2180
02:11:50,180 --> 02:11:55,460
 And I'll go into more detail about some of those areas that this property is proposing

2181
02:11:55,460 --> 02:12:00,080
 to deviate from that requirement.

2182
02:12:00,080 --> 02:12:09,380
 First of all, just to reiterate what Ron was just discussing, which is that this is a property

2183
02:12:09,380 --> 02:12:12,740
 at the intersection of Western Boulevard and Jim Crystal Road.

2184
02:12:12,740 --> 02:12:22,900
 The proposal is for this warehouse, and in order for the warehouse to drain properly

2185
02:12:22,900 --> 02:12:29,860
 and meet the drainage criteria of the DIT and Development Code, the applicant is proposing

2186
02:12:29,860 --> 02:12:35,420
 to take two stormwater drainage channels to the creek.

2187
02:12:35,420 --> 02:12:42,300
 This will cause for a temporary disturbance of .47 acres of a riparian buffer ESA.

2188
02:12:42,300 --> 02:12:46,220
 And let's go into a little bit more detail about what these riparian buffers are.

2189
02:12:46,220 --> 02:12:52,300
 They are, in this particular case, this one is part of the tributary of Dry Fork of Hickory

2190
02:12:52,300 --> 02:12:53,300
 Creek.

2191
02:12:53,300 --> 02:12:57,260
 It's an intermittent stream with a habitat in fair condition.

2192
02:12:57,260 --> 02:13:01,380
 We determine that when we perform these ESA field assessments.

2193
02:13:01,380 --> 02:13:09,340
 In other words, we go out to the field and a scientist evaluates whether this area has

2194
02:13:09,340 --> 02:13:17,860
 a riparian buffer or a vegetative buffer that supports and protects the waterway.

2195
02:13:17,860 --> 02:13:28,740
 The undeveloped floodplain is when it reflects the FEMA floodplain and is areas, those FEMA

2196
02:13:28,740 --> 02:13:31,540
 floodplains that are remaining in its natural state.

2197
02:13:31,540 --> 02:13:36,820
 In other words, it hasn't been filled in the past.

2198
02:13:36,820 --> 02:13:43,620
 So the purpose of this is to, again, to construct those two stormwater outfall structures.

2199
02:13:43,620 --> 02:13:50,300
 And by placing those outfall structures, the developer will have to clear the land in order

2200
02:13:50,300 --> 02:13:55,660
 for it to direct the flow to the channel.

2201
02:13:55,660 --> 02:14:04,220
 Once they are completed, the grading is completed, the applicant is proposing to revegetate those

2202
02:14:04,220 --> 02:14:07,540
 areas with native seed mixes.

2203
02:14:07,540 --> 02:14:19,820
 And these native seed mixes are grasses and herbaceous plants that have the ability to

2204
02:14:19,820 --> 02:14:23,860
 survive in these moist or wet conditions.

2205
02:14:23,860 --> 02:14:30,940
 And in order to improve the overall condition of the land, the applicant is proposing to

2206
02:14:30,940 --> 02:14:39,340
 expand that seeding area to 3.81 acres, we'll get back to that.

2207
02:14:39,340 --> 02:14:46,300
 And then I would like to let you know that we, the applicant did meet all the notification

2208
02:14:46,300 --> 02:14:52,140
 requirements and that the staff received no responses.

2209
02:14:52,140 --> 02:14:58,940
 The recommendation is for approval of this plan with the following conditions, that the

2210
02:14:58,940 --> 02:15:07,300
 land disturbances be limited to the 0.47 acres as described in the plan, and that the area

2211
02:15:07,300 --> 02:15:15,220
 be vegetated across that 3.81 acres as described in the plan, and that that be done within

2212
02:15:15,220 --> 02:15:19,340
 the 14 days of the construction of that infrastructure.

2213
02:15:19,340 --> 02:15:28,020
 And then following that seeding of that area to perform three years of inspections and

2214
02:15:28,020 --> 02:15:35,540
 provide staff a report as a follow-up, and after the three-year period, staff will accept

2215
02:15:35,540 --> 02:15:36,540
 the project.

2216
02:15:36,540 --> 02:15:39,900
 And with that, I will stand for any questions.

2217
02:15:39,900 --> 02:15:42,660
 Thank you, Christy.

2218
02:15:42,660 --> 02:15:46,860
 Questions for Christy on this?

2219
02:15:46,860 --> 02:15:52,060
 Thanks and thanks for the great backup, yeah, was perfectly laid out in detail, appreciate

2220
02:15:52,060 --> 02:15:53,060
 that very much.

2221
02:15:53,060 --> 02:15:54,060
 Thanks.

2222
02:15:54,060 --> 02:15:55,060
 Tina?

2223
02:15:55,060 --> 02:16:00,800
 Just for the commission's benefit, given the length of the conditions that are included

2224
02:16:00,800 --> 02:16:06,140
 in their specificity, if the commission is inclined to approve this request, my recommendation

2225
02:16:06,140 --> 02:16:10,420
 to you would be that you make a motion for approval with the conditions as presented

2226
02:16:10,420 --> 02:16:11,420
 in the AIS.

2227
02:16:11,420 --> 02:16:12,420
 Okay.

2228
02:16:12,420 --> 02:16:13,420
 Please and thank you.

2229
02:16:13,420 --> 02:16:16,660
 Instead of like, yeah, we're trying to restate them for sure.

2230
02:16:16,660 --> 02:16:17,660
 Right.

2231
02:16:17,660 --> 02:16:18,660
 Yeah.

2232
02:16:18,660 --> 02:16:19,660
 Or even summarizing, so.

2233
02:16:19,660 --> 02:16:20,660
 Right, right.

2234
02:16:20,660 --> 02:16:21,660
 Very well.

2235
02:16:21,660 --> 02:16:25,240
 Thank you for that.

2236
02:16:25,240 --> 02:16:28,100
 Any discussion from the dais?

2237
02:16:28,100 --> 02:16:29,100
 Okay.

2238
02:16:29,100 --> 02:16:32,220
 Is there a motion from the dais?

2239
02:16:32,220 --> 02:16:33,220
 Commissioner Pruitt?

2240
02:16:33,220 --> 02:16:34,220
 Thank you, Chair.

2241
02:16:34,220 --> 02:16:41,740
 I'll move approval with the staff recommended conditions within the agenda information sheet.

2242
02:16:41,740 --> 02:16:43,060
 Thank you.

2243
02:16:43,060 --> 02:16:45,620
 Got a first for approval.

2244
02:16:45,620 --> 02:16:46,620
 Commissioner Villarreal?

2245
02:16:46,620 --> 02:16:47,620
 Second.

2246
02:16:47,620 --> 02:16:52,380
 Okay, we've got a first and a second for approval.

2247
02:16:52,380 --> 02:16:57,500
 Let me hold on that for one moment, because I did not close the public hearing.

2248
02:16:57,500 --> 02:16:59,020
 So I will.

2249
02:16:59,020 --> 02:17:00,380
 I don't have cards to speak.

2250
02:17:00,380 --> 02:17:06,220
 Is there anyone wishing to speak who's here on this item?

2251
02:17:06,220 --> 02:17:08,280
 Seeing none, I will close the public hearing.

2252
02:17:08,280 --> 02:17:09,280
 Let's get back to that.

2253
02:17:09,280 --> 02:17:19,420
 Okay, first and a second on the floor to approve the AESA with the conditions laid out in the

2254
02:17:19,420 --> 02:17:20,420
 AIS.

2255
02:17:20,420 --> 02:17:21,420
 Okay.

2256
02:17:21,420 --> 02:17:22,420
 Let's vote.

2257
02:17:22,420 --> 02:17:23,420
 Commissioner Pruitt?

2258
02:17:23,420 --> 02:17:24,420
 Aye.

2259
02:17:24,420 --> 02:17:25,420
 Commissioner Villarreal?

2260
02:17:25,420 --> 02:17:26,420
 Aye.

2261
02:17:26,420 --> 02:17:27,420
 Commissioner McDade?

2262
02:17:27,420 --> 02:17:28,420
 Aye.

2263
02:17:28,420 --> 02:17:34,740
 Chair, as an aye, that motion carries 4-0.

2264
02:17:34,740 --> 02:17:42,060
 That will take us to Public Hearing 5B, Z220008B.

2265
02:17:42,060 --> 02:17:45,780
 I will call Commissioner Cole back in.

2266
02:17:45,780 --> 02:17:47,380
 Welcome back.

2267
02:17:47,380 --> 02:17:51,840
 I will open the public hearing and invite Julie up for her presentation.

2268
02:17:51,840 --> 02:17:53,580
 Good evening.

2269
02:17:53,580 --> 02:17:59,620
 Let me pull up my presentation.

2270
02:17:59,620 --> 02:18:07,580
 Good evening, Julie Wyatt, Senior Planner.

2271
02:18:07,580 --> 02:18:15,580
 I am presenting Z220008, that's the Asbury UMC rezoning to you this evening.

2272
02:18:15,580 --> 02:18:22,780
 So the request before you is to rezone approximately 13 acres from R2 District to SC District,

2273
02:18:22,780 --> 02:18:25,860
 SC being Suburban Corridor District.

2274
02:18:25,860 --> 02:18:30,740
 The subject property, as I mentioned, is a total of 13 acres.

2275
02:18:30,740 --> 02:18:36,540
 That breaks down to about 4 acres that's currently developed with a religious facility use, and

2276
02:18:36,540 --> 02:18:39,660
 then 9 acres that is currently undeveloped.

2277
02:18:39,660 --> 02:18:45,340
 The purpose of the rezoning is the applicant would like to construct a telecommunications

2278
02:18:45,340 --> 02:18:49,980
 tower or alternative mounting structure on the subject site.

2279
02:18:49,980 --> 02:18:55,260
 However, if approved, any use within the SC District could be developed on the site.

2280
02:18:55,260 --> 02:19:02,500
 So just want to let you know, this is a rezoning to a base zoning district, so any use could

2281
02:19:02,500 --> 02:19:07,060
 be developed to the development standards within the Denton Development Code.

2282
02:19:07,060 --> 02:19:13,780
 The subject property is located at the intersection of Locust and Hercules, situated in the north

2283
02:19:13,780 --> 02:19:18,380
 side of town, outlined here in yellow on your screen.

2284
02:19:18,380 --> 02:19:23,620
 And we also have on your screen two zoning maps, one being the existing zoning showing

2285
02:19:23,620 --> 02:19:32,860
 the existing R2, and then the proposed rezoning, extending that existing SC to the north to

2286
02:19:32,860 --> 02:19:38,580
 the subject property shown here.

2287
02:19:38,580 --> 02:19:41,540
 The approval criteria are in subchapter 2.

2288
02:19:41,540 --> 02:19:43,060
 I'm not going to read all of them.

2289
02:19:43,060 --> 02:19:47,300
 We're just going to hit some highlights today, but I just want to let you know staff has

2290
02:19:47,300 --> 02:19:57,500
 analyzed the project and has concluded that it does conform to the criteria for approval

2291
02:19:57,500 --> 02:20:02,020
 and the Denton 2040 comprehensive plan.

2292
02:20:02,020 --> 02:20:04,900
 So first we're going to talk about the comprehensive plan.

2293
02:20:04,900 --> 02:20:10,420
 The subject property is predominantly designated community mixed use, so the subject property

2294
02:20:10,420 --> 02:20:12,220
 is outlined here in black.

2295
02:20:12,220 --> 02:20:18,060
 I did give kind of a fuller picture of the north side of town and that comprehensive

2296
02:20:18,060 --> 02:20:24,580
 plan just to show you how that community mixed use sort of works within the broader area.

2297
02:20:24,580 --> 02:20:28,940
 Community mixed use is a mixed use future land use designation.

2298
02:20:28,940 --> 02:20:35,420
 The intent is to encourage commercial uses, retail, office, restaurant, some residential

2299
02:20:35,420 --> 02:20:41,580
 moderate to higher densities could be appropriate to support those commercial uses.

2300
02:20:41,580 --> 02:20:46,940
 Community mixed use, if you look at our future land use map, is typically found on arterial

2301
02:20:46,940 --> 02:20:49,660
 roadways, often at intersections.

2302
02:20:49,660 --> 02:20:54,120
 So think of Loop 288, think of University, think of Teasley.

2303
02:20:54,120 --> 02:20:58,100
 That's where we often find that community mixed use, kind of where we've got that suburban

2304
02:20:58,100 --> 02:21:01,900
 commercial development pattern.

2305
02:21:01,900 --> 02:21:08,100
 And the permitted uses in SC district are consistent with community mixed use.

2306
02:21:08,100 --> 02:21:11,500
 But we don't just look at the future land use map, we want to look at the entire comprehensive

2307
02:21:11,500 --> 02:21:13,220
 plan when we're analyzing projects.

2308
02:21:13,220 --> 02:21:18,500
 And in this instance, since we know that they would like to develop communications infrastructure,

2309
02:21:18,500 --> 02:21:21,900
 we looked at that piece of the comprehensive plan.

2310
02:21:21,900 --> 02:21:23,420
 And that is something we want to encourage.

2311
02:21:23,420 --> 02:21:29,140
 It is definitely a part of our infrastructure nowadays with kids being online and all of

2312
02:21:29,140 --> 02:21:30,620
 us on Zoom meetings.

2313
02:21:30,620 --> 02:21:36,260
 So it is something that we need to make sure that we have adequate access to and capacity

2314
02:21:36,260 --> 02:21:37,260
 within our city.

2315
02:21:37,260 --> 02:21:43,860
 So this request is consistent with our communications infrastructure goals.

2316
02:21:43,860 --> 02:21:49,180
 So just to talk a little bit more about the map, you see the subject property nested within

2317
02:21:49,180 --> 02:21:54,500
 that community mixed use, which includes the subject site extending all the way to Loop

2318
02:21:54,500 --> 02:21:56,260
 288.

2319
02:21:56,260 --> 02:22:00,300
 We've got adjacent properties, we've got low residential neighborhoods to the south and

2320
02:22:00,300 --> 02:22:04,380
 to the east of the site, moderate residential to the west.

2321
02:22:04,380 --> 02:22:12,620
 And then as you can see along Loop 288, we have a variety of future land use designations.

2322
02:22:12,620 --> 02:22:17,260
 The next we want to look at is minimizes adverse impacts to surrounding property.

2323
02:22:17,260 --> 02:22:21,500
 It's something we always want to look at when we're looking at rezoning cases.

2324
02:22:21,500 --> 02:22:24,020
 How will it impact the surrounding area?

2325
02:22:24,020 --> 02:22:29,780
 So this subject property, and I think we talked about it at work session, is kind of an undeveloped

2326
02:22:29,780 --> 02:22:34,400
 piece of property, but it is surrounded by residential areas.

2327
02:22:34,400 --> 02:22:40,380
 And so what we want to do is look at how a rezoning would impact those residential areas.

2328
02:22:40,380 --> 02:22:45,960
 SC has a lot of different commercial type uses at a development intensity that is greater

2329
02:22:45,960 --> 02:22:49,060
 than what we typically find in our residential areas.

2330
02:22:49,060 --> 02:22:55,500
 So if and when this property develops, how will it develop and what will that look like?

2331
02:22:55,500 --> 02:23:00,620
 So the Denton Development Code addresses that, and it has elements within it to make sure

2332
02:23:00,620 --> 02:23:06,860
 that our commercial areas are compatible and are complementary to our residential areas.

2333
02:23:06,860 --> 02:23:08,760
 We require things like street trees.

2334
02:23:08,760 --> 02:23:13,340
 So along all public rights of way, so Locust and Hercules, they would be required to plant

2335
02:23:13,340 --> 02:23:15,700
 a street tree every 30 feet.

2336
02:23:15,700 --> 02:23:18,280
 And that's required of all development within the city of Denton.

2337
02:23:18,280 --> 02:23:20,300
 We also require parking lot landscaping.

2338
02:23:20,300 --> 02:23:24,860
 Our landscaping code has a menu of items that applicants can choose from, but what we want

2339
02:23:24,860 --> 02:23:28,580
 to make sure is our parking lots are adequately landscaped and that there's adequate tree

2340
02:23:28,580 --> 02:23:31,980
 canopy so that they look nice.

2341
02:23:31,980 --> 02:23:33,740
 We have setbacks.

2342
02:23:33,740 --> 02:23:41,360
 SC District has a 20-foot front setback from the right of way.

2343
02:23:41,360 --> 02:23:48,160
 So if you're looking how that impacts Hercules, for example, if and when this property develops,

2344
02:23:48,160 --> 02:23:49,820
 they will have to plant the property.

2345
02:23:49,820 --> 02:23:51,540
 Right of way dedication will be required.

2346
02:23:51,540 --> 02:23:57,060
 Hercules is a collector roadway, so it's a 65 feet of right of way, 32 and a half feet

2347
02:23:57,060 --> 02:23:58,060
 from the center line.

2348
02:23:58,060 --> 02:24:02,700
 So there will be right of way dedication that they'll have to provide with planting.

2349
02:24:02,700 --> 02:24:06,300
 And then beyond that will be that 20-foot setback.

2350
02:24:06,300 --> 02:24:14,740
 So we're looking at approximately about 95 feet from the residential property lines to

2351
02:24:14,740 --> 02:24:18,300
 the south that any building could be built on this property.

2352
02:24:18,300 --> 02:24:23,500
 So if that SC were approved, any building on the property would have to be set back

2353
02:24:23,500 --> 02:24:28,900
 at least 95 feet or would likely be set back at least 95 feet from the property line of

2354
02:24:28,900 --> 02:24:32,900
 those residential lots to the south.

2355
02:24:32,900 --> 02:24:34,580
 Lighting we do have standards for our lighting.

2356
02:24:34,580 --> 02:24:38,340
 We want to make sure we have adequate lighting in our parking lots, but we want to make sure

2357
02:24:38,340 --> 02:24:44,100
 that they're downcast and so that they shine where they need to shine and they don't spill

2358
02:24:44,100 --> 02:24:46,420
 over to residential properties.

2359
02:24:46,420 --> 02:24:53,780
 We have overall minimum tree canopy SC district, 30% of the lot would have to be covered in

2360
02:24:53,780 --> 02:24:58,180
 mature tree canopy, so that would be something we would look at at the time of development.

2361
02:24:58,180 --> 02:25:00,620
 And then driveway spacing and limitations.

2362
02:25:00,620 --> 02:25:05,740
 We want to make sure access is appropriate and is safe on the property and so that would

2363
02:25:05,740 --> 02:25:08,140
 be reviewed as part of the development.

2364
02:25:08,140 --> 02:25:13,260
 When we look at the site, it is kind of a different shaped site and there is existing

2365
02:25:13,260 --> 02:25:14,580
 development on the property.

2366
02:25:14,580 --> 02:25:16,420
 So we just did a measurement.

2367
02:25:16,420 --> 02:25:20,340
 There is an unconfirmed ESA potentially.

2368
02:25:20,340 --> 02:25:24,340
 When the property develops, they will have to go through the analysis of that ESA like

2369
02:25:24,340 --> 02:25:26,660
 Christy just went through.

2370
02:25:26,660 --> 02:25:32,500
 But there is about three acres that could be developed potentially in this area and

2371
02:25:32,500 --> 02:25:38,100
 then about three and a half acres that could be developed adjacent to Locust.

2372
02:25:38,100 --> 02:25:42,940
 Just know that does not include any right of way dedication, so it would likely be squeezed

2373
02:25:42,940 --> 02:25:49,580
 a little more, but that is potentially what their development area would be.

2374
02:25:49,580 --> 02:25:52,420
 We also want to talk about significant changes to the area.

2375
02:25:52,420 --> 02:25:58,620
 That is one of our criterion for approval and I think that really applies to this project

2376
02:25:58,620 --> 02:26:00,340
 in particular.

2377
02:26:00,340 --> 02:26:05,900
 So the aerial view on your screen, the top one is from 2017.

2378
02:26:05,900 --> 02:26:09,820
 It is from our GIS maps online.

2379
02:26:09,820 --> 02:26:13,060
 And you could see the north side of town had not quite developed yet.

2380
02:26:13,060 --> 02:26:19,780
 There were still a lot of open spaces remaining and the subject property has a star on it.

2381
02:26:19,780 --> 02:26:24,420
 And then look at the most recent aerials that we have on our GIS maps and just how much

2382
02:26:24,420 --> 02:26:27,860
 development we have seen in the north side of town.

2383
02:26:27,860 --> 02:26:31,940
 So everything outlined in yellow, that is a single family residential neighborhood.

2384
02:26:31,940 --> 02:26:34,140
 So Beaver Creek, that has already been developed.

2385
02:26:34,140 --> 02:26:35,140
 People live there.

2386
02:26:35,140 --> 02:26:38,220
 Stark Farms is currently under development now.

2387
02:26:38,220 --> 02:26:41,180
 Some houses are on the ground, some are still being constructed.

2388
02:26:41,180 --> 02:26:47,340
 We have got a development here at Hercules near FM 428, a multi-family project just north

2389
02:26:47,340 --> 02:26:48,340
 of that.

2390
02:26:48,340 --> 02:26:51,900
 We got multi-family projects, you may remember, some of you may remember the specific use

2391
02:26:51,900 --> 02:26:57,200
 permits that came forward with that, those along the loop and FM 428, as well as single

2392
02:26:57,200 --> 02:27:01,060
 family residential just to the southeast of that.

2393
02:27:01,060 --> 02:27:07,660
 West of the subject property, those neighborhoods have filled out since 2017 and new residents

2394
02:27:07,660 --> 02:27:09,460
 are moving in.

2395
02:27:09,460 --> 02:27:15,860
 And then further west, we have a horizontal multi-family that just came forward to you

2396
02:27:15,860 --> 02:27:20,340
 that is currently under development, single family residential and then some town home

2397
02:27:20,340 --> 02:27:22,500
 developments as well as other multi-families.

2398
02:27:22,500 --> 02:27:29,420
 So we have added about 1,500 homes, dwellings to this area in the last five years, which

2399
02:27:29,420 --> 02:27:33,780
 is a tremendous amount of growth in this area.

2400
02:27:33,780 --> 02:27:39,620
 In the nearest retail centers like where we have got a collection of retail, we are looking

2401
02:27:39,620 --> 02:27:43,700
 at somebody would have to travel to university or down the loop.

2402
02:27:43,700 --> 02:27:48,500
 So we don't have a lot of retail in this area, but we are adding a lot of rooftops.

2403
02:27:48,500 --> 02:27:53,180
 And so commercial development would be appropriate and so when we analyze this, the types of

2404
02:27:53,180 --> 02:27:58,960
 uses in SC District would provide that necessary shopping and services that these residents

2405
02:27:58,960 --> 02:28:01,180
 would need close to their homes.

2406
02:28:01,180 --> 02:28:04,800
 So in that respect, it is consistent with that significant change.

2407
02:28:04,800 --> 02:28:09,900
 It's serving those new residents.

2408
02:28:09,900 --> 02:28:13,580
 Public outreach was sent out.

2409
02:28:13,580 --> 02:28:20,100
 We had to do it a couple of times in order to make sure that we captured all of the residents

2410
02:28:20,100 --> 02:28:25,500
 within that 200-foot boundary, but we have got all of the residents that were notified.

2411
02:28:25,500 --> 02:28:27,260
 We have received four in opposition.

2412
02:28:27,260 --> 02:28:28,660
 I believe your staff report said five.

2413
02:28:28,660 --> 02:28:33,820
 I think I double counted someone who had sent an email and a letter.

2414
02:28:33,820 --> 02:28:36,020
 And those are shown on your screen.

2415
02:28:36,020 --> 02:28:37,420
 They are kind of difficult to see.

2416
02:28:37,420 --> 02:28:38,420
 Sorry.

2417
02:28:38,420 --> 02:28:39,420
 It is not a very good map.

2418
02:28:39,420 --> 02:28:44,360
 The applicant also held a neighborhood meeting with about 12 attendees.

2419
02:28:44,360 --> 02:28:48,620
 So based upon the criteria for approval and the future land use designated, the comprehensive

2420
02:28:48,620 --> 02:28:51,660
 plan, staff recommends approval of the request.

2421
02:28:51,660 --> 02:28:53,220
 And I will be happy to answer any questions.

2422
02:28:53,220 --> 02:28:58,380
 The applicant is here and he has a presentation as well as he provided binders to you and

2423
02:28:58,380 --> 02:29:02,320
 you should have had that on your desk when you got there.

2424
02:29:02,320 --> 02:29:03,320
 Thank you.

2425
02:29:03,320 --> 02:29:05,460
 Julie, I have a quick question for you.

2426
02:29:05,460 --> 02:29:10,060
 Is there any development happening to the north in the SC that's just north of that?

2427
02:29:10,060 --> 02:29:11,060
 What's happening there?

2428
02:29:11,060 --> 02:29:12,060
 I don't recall.

2429
02:29:12,060 --> 02:29:13,060
 Yes.

2430
02:29:13,060 --> 02:29:17,340
 We do have an application that will probably be coming forward to you soon.

2431
02:29:17,340 --> 02:29:23,820
 I believe it does have, and Tina may correct me because it's not mine, but some multifamily

2432
02:29:23,820 --> 02:29:27,900
 with some commercial out parcels, the property to the north.

2433
02:29:27,900 --> 02:29:28,900
 That is correct.

2434
02:29:28,900 --> 02:29:29,900
 Okay.

2435
02:29:29,900 --> 02:29:33,780
 I don't know much about it, but it will be forward soon.

2436
02:29:33,780 --> 02:29:34,780
 Right.

2437
02:29:34,780 --> 02:29:38,900
 Because the multifamily requires approval of a specific use permit.

2438
02:29:38,900 --> 02:29:40,660
 Thank you.

2439
02:29:40,660 --> 02:29:42,260
 Any questions for Julie?

2440
02:29:42,260 --> 02:29:43,260
 Commissioner Pruitt.

2441
02:29:43,260 --> 02:29:44,260
 Thank you, chair.

2442
02:29:44,260 --> 02:29:46,260
 Just two quick things.

2443
02:29:46,260 --> 02:30:01,420
 Is it accurate to say that our code requirement to have accessibility through adjacent properties

2444
02:30:01,420 --> 02:30:08,940
 requires that the use be allowed within the adjacent property is forcing this change of

2445
02:30:08,940 --> 02:30:10,220
 the entire parcel?

2446
02:30:10,220 --> 02:30:11,860
 You summarized that very well.

2447
02:30:11,860 --> 02:30:12,860
 Okay.

2448
02:30:12,860 --> 02:30:13,860
 Yes.

2449
02:30:13,860 --> 02:30:21,300
 We do have a determination that, and the applicant, as I mentioned, will make a presentation.

2450
02:30:21,300 --> 02:30:28,820
 I believe their intended area for that telecommunications facility is to the north of the existing building.

2451
02:30:28,820 --> 02:30:33,740
 They have not made application for that, so there's no approvals for that at this time.

2452
02:30:33,740 --> 02:30:39,940
 It is their intent to potentially take access through that existing parking lot.

2453
02:30:39,940 --> 02:30:46,060
 In order to take access through that existing parking lot, that does require that rezoning

2454
02:30:46,060 --> 02:30:52,820
 to suburban corridor because the telecommunications tower is not permitted in the R2 district.

2455
02:30:52,820 --> 02:30:53,820
 Okay.

2456
02:30:53,820 --> 02:30:58,340
 Secondly, can you give me an idea of scale here?

2457
02:30:58,340 --> 02:31:04,500
 I think, I don't want to get too much into discussion, but the presence of the potential

2458
02:31:04,500 --> 02:31:12,160
 ESA on the north side, there's a boundary there between the proposed zoning map of the

2459
02:31:12,160 --> 02:31:15,220
 really large pink blob.

2460
02:31:15,220 --> 02:31:20,860
 What I want to understand is the potential future development in the long term of this

2461
02:31:20,860 --> 02:31:26,840
 parcel, assuming that is an ESA.

2462
02:31:26,840 --> 02:31:33,260
 What kind of areas in our town have a commercial development that would be on the order of,

2463
02:31:33,260 --> 02:31:38,380
 I'm just going to spitball it here and say 10 acres, does that make sense?

2464
02:31:38,380 --> 02:31:45,060
 They're limited within either adjacent parcels or something that's limiting them to not having

2465
02:31:45,060 --> 02:31:46,380
 more than 10 acres.

2466
02:31:46,380 --> 02:31:52,140
 What's the largest impact type of commercial development that we would expect in that size

2467
02:31:52,140 --> 02:31:55,540
 of a plot?

2468
02:31:55,540 --> 02:32:01,420
 We do see SC or suburban corridor district along university where you've got that residential

2469
02:32:01,420 --> 02:32:07,620
 backing up to it, and those lots are typically maybe not, some of them are smaller scale

2470
02:32:07,620 --> 02:32:09,540
 development.

2471
02:32:09,540 --> 02:32:13,760
 Some of them are larger scale development, but there are some parcels along university

2472
02:32:13,760 --> 02:32:18,940
 that might be consistent with that development scale.

2473
02:32:18,940 --> 02:32:19,940
 Okay.

2474
02:32:19,940 --> 02:32:22,740
 Thank you.

2475
02:32:22,740 --> 02:32:24,740
 Any other questions for Julie?

2476
02:32:24,740 --> 02:32:25,740
 Okay.

2477
02:32:25,740 --> 02:32:26,740
 Thanks, Julie.

2478
02:32:26,740 --> 02:32:27,740
 Sure.

2479
02:32:27,740 --> 02:32:33,380
 I don't have a card from the applicant, but I will invite them up now, and you can give

2480
02:32:33,380 --> 02:32:43,900
 your name and address and we'll worry about the card later.

2481
02:32:43,900 --> 02:32:44,900
 Thank you.

2482
02:32:44,900 --> 02:32:45,900
 Thank you, Julie.

2483
02:32:45,900 --> 02:32:46,900
 Good evening.

2484
02:32:46,900 --> 02:32:47,900
 Good evening, Chair.

2485
02:32:47,900 --> 02:32:51,900
 Members of the commission, I'm Bev Francis, 112 East Beacon, San Antonio.

2486
02:32:51,900 --> 02:32:56,780
 I'm the attorney for Diamond Communications, which is a national developer telecommunication

2487
02:32:56,780 --> 02:32:57,780
 facilities.

2488
02:32:57,780 --> 02:33:04,100
 Diamond has been working very closely with Asbury United Methodist Church for over two

2489
02:33:04,100 --> 02:33:09,140
 years on this site, and I want to thank Julie for, I think our first call we filled at each

2490
02:33:09,140 --> 02:33:12,620
 other was back in April, 2020.

2491
02:33:12,620 --> 02:33:19,260
 So your staff has done an incredible job working with us, thinking through why and what can

2492
02:33:19,260 --> 02:33:23,500
 be done to accomplish the goals that we're trying to accomplish today.

2493
02:33:23,500 --> 02:33:29,660
 With us this evening, we have representative members of the congregation, along with Pastor

2494
02:33:29,660 --> 02:33:36,460
 Rick Warts, who will address you briefly, if that's okay, after my presentation.

2495
02:33:36,460 --> 02:33:45,180
 The reason that we are excited about this opportunity is because, oops, let's see here.

2496
02:33:45,180 --> 02:33:47,900
 What am I doing wrong, Julie?

2497
02:33:47,900 --> 02:33:52,060
 It's not moving on me.

2498
02:33:52,060 --> 02:33:57,780
 There we go.

2499
02:33:57,780 --> 02:34:03,380
 It's because there's a critical need for infrastructure, and we'll talk about that momentarily.

2500
02:34:03,380 --> 02:34:10,060
 But to kind of highlight a couple of points that Julie made in her discussion presentation.

2501
02:34:10,060 --> 02:34:16,100
 This is another view of Google Earth, very similar to your GIS that she presented.

2502
02:34:16,100 --> 02:34:20,620
 But it highlighted, we want to kind of show you the features that are around surrounding

2503
02:34:20,620 --> 02:34:22,060
 the property.

2504
02:34:22,060 --> 02:34:24,500
 You have the church facility at the bottom.

2505
02:34:24,500 --> 02:34:31,820
 The star represents the site of the proposed alternative site, alternative feature, I should

2506
02:34:31,820 --> 02:34:34,660
 say structure, tower.

2507
02:34:34,660 --> 02:34:41,440
 You have the, if you would, the from right to left at an angle, that growth area of trees

2508
02:34:41,440 --> 02:34:43,180
 and vegetation.

2509
02:34:43,180 --> 02:34:49,300
 Just north of that, you have high tension electric transmission towers that move on

2510
02:34:49,300 --> 02:34:55,180
 to feed the Texas Municipal Power Agency, which is directly across the street locus

2511
02:34:55,180 --> 02:34:59,340
 to the west.

2512
02:34:59,340 --> 02:35:04,580
 The current zoning, as Julie indicated, and we don't need to rehash it, but to the north

2513
02:35:04,580 --> 02:35:09,020
 is SC, to the south, the property we're talking about is R2.

2514
02:35:09,020 --> 02:35:15,660
 After many discussions with your team, it was decided that because the suburban courier

2515
02:35:15,660 --> 02:35:22,360
 district specifically provides that alternative mounting structures, those are structures

2516
02:35:22,360 --> 02:35:26,020
 in which the antennas are concealed within the tower.

2517
02:35:26,020 --> 02:35:28,340
 You don't have the triangular array.

2518
02:35:28,340 --> 02:35:33,180
 You don't have the multi Christmas tree effect, as it's often called.

2519
02:35:33,180 --> 02:35:37,460
 They're permitted up to a height of 100 feet.

2520
02:35:37,460 --> 02:35:42,540
 Now the reason this tower is so critical, and Julie just made this story, there's a

2521
02:35:42,540 --> 02:35:46,300
 significant demand for wireless right now.

2522
02:35:46,300 --> 02:35:51,620
 And in fact, the Pew Institute, a company and institute we're all familiar with, of

2523
02:35:51,620 --> 02:35:54,740
 the last decade has done exhaustive research.

2524
02:35:54,740 --> 02:36:01,100
 And they've concluded that by next year, there will be over 283 million smartphones.

2525
02:36:01,100 --> 02:36:03,180
 Not cell phones, but just smartphones.

2526
02:36:03,180 --> 02:36:09,660
 The cell phones, for the first time ever, there are more cell phones in the United States

2527
02:36:09,660 --> 02:36:11,980
 than there are men, women, and children.

2528
02:36:11,980 --> 02:36:16,100
 25 cell phones for every man, woman, and child.

2529
02:36:16,100 --> 02:36:22,220
 And on top of that, in light of the residential development, that this will greatly improve,

2530
02:36:22,220 --> 02:36:27,020
 62% of the houses and residences have cut the cord.

2531
02:36:27,020 --> 02:36:30,700
 They're almost entirely wireless dependent.

2532
02:36:30,700 --> 02:36:35,220
 And just to point this out, I thought this was always kind of refreshing, because it's

2533
02:36:35,220 --> 02:36:36,220
 so honest.

2534
02:36:36,220 --> 02:36:42,020
 About three in ten of us admitted that we're virtually online all the time.

2535
02:36:42,020 --> 02:36:48,080
 Now as a result of this, your residents are demanding what is called seamless wireless

2536
02:36:48,080 --> 02:36:49,820
 connectivity.

2537
02:36:49,820 --> 02:36:55,020
 And what that means is the average residence, like in the area that will be served by this

2538
02:36:55,020 --> 02:36:59,340
 capacity, has a minimum of five wireless devices.

2539
02:36:59,340 --> 02:37:04,660
 And if you think about your own households, you probably exceed that number, because you

2540
02:37:04,660 --> 02:37:11,700
 have iPhones, iPads, you have Samsung, you have other smart devices, ring doorbell systems,

2541
02:37:11,700 --> 02:37:16,180
 and all of those are solely dependent on the ability to have that connectivity.

2542
02:37:16,180 --> 02:37:22,860
 Again, 60% of those households have cut the cord and are wirelessly dependent.

2543
02:37:22,860 --> 02:37:30,180
 And you have such new things that the new residents moving in are requiring, smart utilities,

2544
02:37:30,180 --> 02:37:34,340
 ring doorbell systems, security systems, and medical devices.

2545
02:37:34,340 --> 02:37:39,100
 All of us have seen the ubiquitous ad for the cardio where you put two fingers on the

2546
02:37:39,100 --> 02:37:45,660
 device and it wirelessly sends your EKG to your handheld smartphone.

2547
02:37:45,660 --> 02:37:50,220
 If there's one good thing that came from the pandemic, and it's hard to find one, is that

2548
02:37:50,220 --> 02:37:56,000
 for the first time as a result of the stay at home, work at home, insurance companies

2549
02:37:56,000 --> 02:38:03,500
 are now recognizing telemedicine visits with your doctors are now insured visits.

2550
02:38:03,500 --> 02:38:06,340
 Before 2019, it was almost impossible to get that.

2551
02:38:06,340 --> 02:38:09,860
 You had to prove you're bedridden and so forth.

2552
02:38:09,860 --> 02:38:14,380
 And I have had certainly many of them, and I would hazard guess the majority of the people

2553
02:38:14,380 --> 02:38:19,060
 viewing this and you all tonight have had at least one telemedicine.

2554
02:38:19,060 --> 02:38:25,280
 It's incredible convenience to be able to have your phone or your iPad connected and

2555
02:38:25,280 --> 02:38:27,420
 talk to the doctor.

2556
02:38:27,420 --> 02:38:31,100
 But we can't forget E911 safety.

2557
02:38:31,100 --> 02:38:37,340
 Eighty-five percent of all E911 calls are now made by wireless devices.

2558
02:38:37,340 --> 02:38:43,280
 And having grown up in North Texas decades ago, I know how weather changes here.

2559
02:38:43,280 --> 02:38:50,740
 And we all nowadays live by the reverse E911 calls, waking you up in the middle of the

2560
02:38:50,740 --> 02:38:59,700
 night saying, telling you take cover, manmade event, a weather event, a child abduction.

2561
02:38:59,700 --> 02:39:04,380
 The residents we're talking about tonight won't have that ability and are not having

2562
02:39:04,380 --> 02:39:09,760
 that ability that T-Mobile can provide them through their system to receive those critical

2563
02:39:09,760 --> 02:39:11,820
 public safety alerts.

2564
02:39:11,820 --> 02:39:15,020
 Your city is way ahead of the ballgame.

2565
02:39:15,020 --> 02:39:20,260
 You all have your alert Denton program where you're encouraging your residents to do exactly

2566
02:39:20,260 --> 02:39:25,900
 what this tower will assist your residents to do, and that is sign up with you.

2567
02:39:25,900 --> 02:39:30,540
 Sign up and so to receive notifications and alerts.

2568
02:39:30,540 --> 02:39:38,300
 Now before Hurricane Harvey, social media for municipalities were really used as what's

2569
02:39:38,300 --> 02:39:39,980
 going on in the city.

2570
02:39:39,980 --> 02:39:42,940
 What is, who's been promoted, what's the upcoming events.

2571
02:39:42,940 --> 02:39:47,900
 But after Hurricane Harvey, the program has changed across the country.

2572
02:39:47,900 --> 02:39:55,560
 Now in the event of a natural disaster, manmade event, what happens is residents are encouraged

2573
02:39:55,560 --> 02:40:02,280
 and do use the direct messaging platform of Twitter that you're on, Instagram you're on,

2574
02:40:02,280 --> 02:40:03,740
 Facebook you're on.

2575
02:40:03,740 --> 02:40:08,660
 And the reason is the E911 systems are overloaded.

2576
02:40:08,660 --> 02:40:12,060
 They're working, they do not fail, but they're overloaded.

2577
02:40:12,060 --> 02:40:19,620
 So again, in situations, particularly let's say a weather event, where they cannot get

2578
02:40:19,620 --> 02:40:26,020
 through E911 to alert you where they are, encourage your citizens to do like many cities

2579
02:40:26,020 --> 02:40:31,780
 across the nation and use the social media platforms very quickly and I appreciate the

2580
02:40:31,780 --> 02:40:33,260
 opportunity to address this.

2581
02:40:33,260 --> 02:40:39,820
 I just wanted to walk through with you the steps that were taken to determine why the

2582
02:40:39,820 --> 02:40:46,540
 needs exist, create a search ring, and then show you the propagation maps.

2583
02:40:46,540 --> 02:40:51,700
 The first step, T-Mobile identifies that there is an issue.

2584
02:40:51,700 --> 02:40:54,900
 The residents are not receiving service in certain areas.

2585
02:40:54,900 --> 02:40:58,060
 There's what's called a gap in the service.

2586
02:40:58,060 --> 02:40:59,860
 They issue a search ring.

2587
02:40:59,860 --> 02:41:05,980
 This case is so tight because of the residential and the demands of the residential.

2588
02:41:05,980 --> 02:41:11,940
 As Julie indicated, it was only a quarter mile search ring, a quarter mile that a facility

2589
02:41:11,940 --> 02:41:15,060
 had to be located within.

2590
02:41:15,060 --> 02:41:21,380
 Diamond then, communication then takes that search ring, looks for obviously the ideal

2591
02:41:21,380 --> 02:41:27,580
 situation is to find a structure tall enough in which to co-locate.

2592
02:41:27,580 --> 02:41:33,980
 There were no structures available as T-Mobile also confirmed as I'll show you, and then

2593
02:41:33,980 --> 02:41:39,340
 they started looking for available leaseable, developable space as the courts have said.

2594
02:41:39,340 --> 02:41:43,860
 It's got to be able for a location where a tower has to be under the ables.

2595
02:41:43,860 --> 02:41:49,860
 It's got to be buildable, developable, and utilities available.

2596
02:41:49,860 --> 02:41:55,120
 Step two, Diamond selects a tower and designs a site.

2597
02:41:55,120 --> 02:42:00,340
 As Julie already went through the design, but I wanted to focus on the actual layout

2598
02:42:00,340 --> 02:42:03,140
 if I may under the concept plan.

2599
02:42:03,140 --> 02:42:09,980
 This is the, as Julie indicated, there are basically two lots that the church owns that

2600
02:42:09,980 --> 02:42:12,920
 combine to make the 13 acres.

2601
02:42:12,920 --> 02:42:20,180
 The location of the compound and the tower are at the most northern end away from Hercules,

2602
02:42:20,180 --> 02:42:28,740
 but yet connected in sight to the church facility being an alternative concealment structure.

2603
02:42:28,740 --> 02:42:35,340
 It's going to made to be looking at part of and to be placed behind the church as part

2604
02:42:35,340 --> 02:42:37,920
 of the compound structure.

2605
02:42:37,920 --> 02:42:44,240
 The wall itself will be an eight foot CMU wall painted to match the church, and it's

2606
02:42:44,240 --> 02:42:49,580
 being designed at the compound to accommodate multiple carriers.

2607
02:42:49,580 --> 02:42:54,860
 This is just a depiction of a 100 foot alternative tower.

2608
02:42:54,860 --> 02:43:01,580
 Again, we'll go through your development process with Julie and your team on the design and

2609
02:43:01,580 --> 02:43:06,420
 going through the permitting process, but to accomplish the goals that I'll show you

2610
02:43:06,420 --> 02:43:10,880
 momentarily, T-Mobile needs to have what's called a rad center.

2611
02:43:10,880 --> 02:43:17,500
 The center of their antennas need to be slightly under 100 feet, so the antennas inside the

2612
02:43:17,500 --> 02:43:23,340
 concealment feature, so the top of the tower will not exceed 100 feet, which is the height

2613
02:43:23,340 --> 02:43:26,820
 permitted in an SC district.

2614
02:43:26,820 --> 02:43:32,620
 Step three, after the site selected, the site design, then the T-Mobile engineers go to

2615
02:43:32,620 --> 02:43:33,900
 work.

2616
02:43:33,900 --> 02:43:39,660
 They prepare what are called a justification letter, and important is I'll show you why

2617
02:43:39,660 --> 02:43:43,340
 this site is so important, the propagation maps.

2618
02:43:43,340 --> 02:43:47,420
 In your booklet is the T-Mobile justification letter.

2619
02:43:47,420 --> 02:43:52,520
 It confirms what I told you about the 0.25 mile search ring.

2620
02:43:52,520 --> 02:44:00,220
 It confirms the areas that match the search ring shown on Tom Mineski's alternative site,

2621
02:44:00,220 --> 02:44:07,700
 alternative site document I've previously displayed for you, and they confirm also what

2622
02:44:07,700 --> 02:44:08,700
 I said.

2623
02:44:08,700 --> 02:44:12,580
 There are no structures tall enough in which to meet.

2624
02:44:12,580 --> 02:44:13,580
 Yes, ma'am?

2625
02:44:13,580 --> 02:44:14,580
 That was your timer.

2626
02:44:14,580 --> 02:44:16,620
 Just you can keep talking, but if you will.

2627
02:44:16,620 --> 02:44:17,620
 Oh, thank you.

2628
02:44:17,620 --> 02:44:18,620
 Yeah.

2629
02:44:18,620 --> 02:44:19,620
 I'm almost there.

2630
02:44:19,620 --> 02:44:20,620
 Start concluding.

2631
02:44:20,620 --> 02:44:21,620
 Okay.

2632
02:44:21,620 --> 02:44:22,620
 Thank you very much.

2633
02:44:22,620 --> 02:44:23,620
 Thank you.

2634
02:44:23,620 --> 02:44:26,140
 And there are no structures in which they can co-locate.

2635
02:44:26,140 --> 02:44:28,700
 Now this is the important part.

2636
02:44:28,700 --> 02:44:31,620
 These are the propagation maps.

2637
02:44:31,620 --> 02:44:36,380
 What I'm showing you right now is the existing coverage.

2638
02:44:36,380 --> 02:44:43,040
 The gray is outdoor coverage, basically only, cars, yards, if you're in a park.

2639
02:44:43,040 --> 02:44:49,420
 The green is indoor, where you have the ability to reap the benefits that I've been talking

2640
02:44:49,420 --> 02:44:50,420
 about.

2641
02:44:50,420 --> 02:44:56,100
 If you would, look generally in a moment, you'll pop out and see what I'm talking about.

2642
02:44:56,100 --> 02:45:01,240
 The tower will be located about the center north of the gray area.

2643
02:45:01,240 --> 02:45:08,420
 The three red triangular circles are sites where T-Mobile had their existing antennas.

2644
02:45:08,420 --> 02:45:11,860
 That's why you see the good infill green coverage.

2645
02:45:11,860 --> 02:45:14,580
 So this is exciting and why we're here tonight.

2646
02:45:14,580 --> 02:45:18,940
 You'll look at this and then see the improvement.

2647
02:45:18,940 --> 02:45:25,000
 The areas that Julie is talking about, the growth of residential.

2648
02:45:25,000 --> 02:45:31,420
 This is why we're asking you to take this into consideration and make your recommendation.

2649
02:45:31,420 --> 02:45:39,620
 Also, as you all have probably heard on other presentations, E9 carriers have to produce

2650
02:45:39,620 --> 02:45:43,760
 and transmit collected E9-1-1 calls.

2651
02:45:43,760 --> 02:45:52,660
 As noted by T-Mobile, the particular site that you see in one month handled 371 E9-1-1

2652
02:45:52,660 --> 02:45:53,660
 calls.

2653
02:45:53,660 --> 02:46:01,140
 As the RF engineers indicate, their particular existing site, that is, would be relieved

2654
02:46:01,140 --> 02:46:07,820
 of a lot of those pressures with the completion and the lighting up, if you would, of this

2655
02:46:07,820 --> 02:46:09,780
 new tower.

2656
02:46:09,780 --> 02:46:15,100
 Chair, members of the commission, just one final point.

2657
02:46:15,100 --> 02:46:19,940
 As you all know and has been shared with you, the Telecommunications Act says in making

2658
02:46:19,940 --> 02:46:26,900
 decisions such as we're asking you to consider tonight, municipalities, governmental entities

2659
02:46:26,900 --> 02:46:34,220
 are not allowed to take into consideration the basis, if any, of environmental effects

2660
02:46:34,220 --> 02:46:36,340
 of radio frequency.

2661
02:46:36,340 --> 02:46:41,660
 For people in the audience and your benefit and people watching this online, I always

2662
02:46:41,660 --> 02:46:48,300
 like to give about three, let's say, backup, worldly recognized organizations takes on

2663
02:46:48,300 --> 02:46:49,560
 this.

2664
02:46:49,560 --> 02:46:54,940
 There are the World Health Organization has studied it, there are no convincing scientific

2665
02:46:54,940 --> 02:47:00,300
 effects that weak RF signals from base stations and wireless networks cause adverse health

2666
02:47:00,300 --> 02:47:01,300
 effects.

2667
02:47:01,300 --> 02:47:07,380
 Excuse me, the American Cancer Society has written volumes on this and researched it

2668
02:47:07,380 --> 02:47:11,900
 and have come to the conclusion that most scientists worry that their cell phone antennas

2669
02:47:11,900 --> 02:47:17,380
 are unlikely to cause cancer, as did the USDA.

2670
02:47:17,380 --> 02:47:24,180
 One conclusion before I introduce the pastor, just would like to recap.

2671
02:47:24,180 --> 02:47:31,020
 We believe the presentation, the application, the presentation tonight, the written materials

2672
02:47:31,020 --> 02:47:36,380
 show there's a significant gap that exists in T-Mobile's wireless system.

2673
02:47:36,380 --> 02:47:42,220
 We believe we have shown there are no alternative site that would remedy that gap and therefore

2674
02:47:42,220 --> 02:47:49,380
 a denial will essentially result in a material inhibition of T-Mobile's ability to resolve

2675
02:47:49,380 --> 02:47:52,820
 this significant gap and improve its service capability.

2676
02:47:52,820 --> 02:47:59,300
 So we're respectfully requesting your recommendation to the council to approve this, resigning

2677
02:47:59,300 --> 02:48:05,380
 to facilitate all the incredible benefits to an extremely growing community.

2678
02:48:05,380 --> 02:48:09,380
 And with that, I'd like to introduce the pastor.

2679
02:48:09,380 --> 02:48:10,380
 Thank you very much.

2680
02:48:10,380 --> 02:48:14,220
 Thank you for allowing me extra time.

2681
02:48:14,220 --> 02:48:20,740
 So we're going to start as a new speaker, if you'll state your name and address.

2682
02:48:20,740 --> 02:48:21,740
 Sure.

2683
02:48:21,740 --> 02:48:23,880
 We will have four minutes to speak on the item.

2684
02:48:23,880 --> 02:48:25,580
 My name is Chris Rickwards.

2685
02:48:25,580 --> 02:48:30,460
 My address is 2106 Fair Oaks Circle in Corinth, Texas.

2686
02:48:30,460 --> 02:48:31,460
 Thank you.

2687
02:48:31,460 --> 02:48:34,220
 I've been at this church for a little over a year.

2688
02:48:34,220 --> 02:48:39,020
 Asbury Nine Methods Church is a vibrant congregation that started in the '50s.

2689
02:48:39,020 --> 02:48:44,780
 It was located at University in Elm, more in the center of Denton in early 2000.

2690
02:48:44,780 --> 02:48:52,020
 They moved out north, anticipating the growth that was forecasted to happen out there.

2691
02:48:52,020 --> 02:48:58,020
 A couple housing crises later and unforeseen circumstances and that growth is now really

2692
02:48:58,020 --> 02:49:00,460
 accelerating as staff pointed out.

2693
02:49:00,460 --> 02:49:03,420
 We're excited to be there, to be a part of that community.

2694
02:49:03,420 --> 02:49:09,700
 We believe we have the mandate to be good neighbors and we will continue to do so.

2695
02:49:09,700 --> 02:49:14,940
 We respectfully ask you to approve this zoning change so that we can continue our ministry,

2696
02:49:14,940 --> 02:49:19,740
 build this tower, which will bring revenue to the church and help us to expand our ministry

2697
02:49:19,740 --> 02:49:21,820
 out on the north side of Denton.

2698
02:49:21,820 --> 02:49:28,020
 Thank you for your time and thank you for your consideration.

2699
02:49:28,020 --> 02:49:29,020
 Thank you.

2700
02:49:29,020 --> 02:49:30,940
 This is a public hearing.

2701
02:49:30,940 --> 02:49:33,260
 Is there anyone else wishing to come up and speak?

2702
02:49:33,260 --> 02:49:39,140
 I don't have any other cards for this item, but anyone who has not yet spoken may do so

2703
02:49:39,140 --> 02:49:43,400
 at this time.

2704
02:49:43,400 --> 02:49:46,780
 I do not see any, so I will close the public hearing.

2705
02:49:46,780 --> 02:49:49,620
 I will open the dais for discussion or motion.

2706
02:49:49,620 --> 02:49:53,900
 Do we have discussion questions ahead of us?

2707
02:49:53,900 --> 02:49:54,900
 Commissioner Pruitt?

2708
02:49:54,900 --> 02:49:55,900
 Thank you, Chair.

2709
02:49:55,900 --> 02:50:03,140
 I have a question for the representative of T-Mobile with the applicant, actually.

2710
02:50:03,140 --> 02:50:04,140
 Thank you.

2711
02:50:04,140 --> 02:50:11,340
 Sorry to make you walk back and forth so quickly.

2712
02:50:11,340 --> 02:50:13,180
 I just wanted to inquire.

2713
02:50:13,180 --> 02:50:19,420
 I understand no need to get into specifics because of contractual obligations, but it

2714
02:50:19,420 --> 02:50:23,620
 strikes me that both the property just to the north of this as well as the property

2715
02:50:23,620 --> 02:50:28,300
 just to the west of this on the other side of Locust Street, if it is still Locust Street

2716
02:50:28,300 --> 02:50:36,440
 at that point, welcome to Denton, both have zoning that would allow this by right.

2717
02:50:36,440 --> 02:50:41,820
 Did you explore those other possibilities that are very near when we're looking at transmission

2718
02:50:41,820 --> 02:50:47,500
 distances and were they just not an option either technically or business relationship

2719
02:50:47,500 --> 02:50:48,500
 wise?

2720
02:50:48,500 --> 02:50:49,500
 No, great question.

2721
02:50:49,500 --> 02:50:50,500
 Thank you, Commissioner.

2722
02:50:50,500 --> 02:50:58,140
 As pointed out in the alternative site analysis that Diamond prepared and presented to you,

2723
02:50:58,140 --> 02:51:00,440
 they scrub the sites.

2724
02:51:00,440 --> 02:51:05,180
 That means they first look for towers that they can co-locate on.

2725
02:51:05,180 --> 02:51:08,340
 Second then, they go and do exactly what you're talking about.

2726
02:51:08,340 --> 02:51:11,940
 They have people with site acquisitions on the team.

2727
02:51:11,940 --> 02:51:20,380
 They meet, they contact, but again, the issue is access to property and to be able to place

2728
02:51:20,380 --> 02:51:26,980
 the tower away from arterial and conductive street, if I'm pronouncing it correctly, which

2729
02:51:26,980 --> 02:51:31,620
 means it's got to go through various developments for the access road.

2730
02:51:31,620 --> 02:51:40,820
 Again, as the court said, it's got to be accessible, able, developable, and not interfere with

2731
02:51:40,820 --> 02:51:46,620
 property owners' future plans for development, utilities available.

2732
02:51:46,620 --> 02:51:49,620
 That's during the two year process.

2733
02:51:49,620 --> 02:51:54,260
 This and we're fortunate to be able to work this closely with such an incredible team at

2734
02:51:54,260 --> 02:51:55,260
 the church.

2735
02:51:55,260 --> 02:52:02,460
 Okay, so it's a combination of available infrastructure on site as well as minimum required distance

2736
02:52:02,460 --> 02:52:04,820
 from an arterial roadway, essentially?

2737
02:52:04,820 --> 02:52:05,820
 Absolutely.

2738
02:52:05,820 --> 02:52:06,820
 Okay.

2739
02:52:06,820 --> 02:52:09,980
 So many projects, like the one to the north, are in their own development stage.

2740
02:52:09,980 --> 02:52:10,980
 Right.

2741
02:52:10,980 --> 02:52:11,980
 Okay.

2742
02:52:11,980 --> 02:52:15,900
 They've already laid out plans in certain cases, starting construction or submitted

2743
02:52:15,900 --> 02:52:16,900
 plans.

2744
02:52:16,900 --> 02:52:17,900
 Okay.

2745
02:52:17,900 --> 02:52:18,900
 Thank you very much.

2746
02:52:18,900 --> 02:52:19,900
 Thank you.

2747
02:52:19,900 --> 02:52:20,900
 Any other questions?

2748
02:52:20,900 --> 02:52:21,900
 Discussion?

2749
02:52:21,900 --> 02:52:22,900
 Okay.

2750
02:52:22,900 --> 02:52:34,660
 Well, Chair, can entertain a motion or further discussion or questions?

2751
02:52:34,660 --> 02:52:35,660
 Commissioner Cole?

2752
02:52:35,660 --> 02:52:36,660
 I'll make a motion to approve.

2753
02:52:36,660 --> 02:52:37,660
 Okay.

2754
02:52:37,660 --> 02:52:40,540
 We've got a motion on the floor for approval.

2755
02:52:40,540 --> 02:52:41,540
 Commissioner Villarreal?

2756
02:52:41,540 --> 02:52:42,540
 Second.

2757
02:52:42,540 --> 02:52:43,540
 Okay.

2758
02:52:43,540 --> 02:52:47,140
 We've got a first and a second discussion.

2759
02:52:47,140 --> 02:52:48,140
 Commissioner Pruitt?

2760
02:52:48,140 --> 02:52:50,840
 Thank you, Chair.

2761
02:52:50,840 --> 02:52:58,420
 So I don't think anybody is against a tower here.

2762
02:52:58,420 --> 02:53:01,660
 Maybe I shouldn't speak for too many people.

2763
02:53:01,660 --> 02:53:05,260
 Actually, before I launch into this, let me ask staff.

2764
02:53:05,260 --> 02:53:11,620
 There were a few properties just to the south that signified opposition to this request.

2765
02:53:11,620 --> 02:53:17,060
 Was there any common theme of what their concern was, since we didn't see any of them here

2766
02:53:17,060 --> 02:53:18,060
 tonight?

2767
02:53:18,060 --> 02:53:21,620
 I think it's related to the intensity of SC District.

2768
02:53:21,620 --> 02:53:27,060
 Not necessarily this particular use, but potential uses within the SC District and just that

2769
02:53:27,060 --> 02:53:28,060
 commercial development.

2770
02:53:28,060 --> 02:53:29,060
 Okay.

2771
02:53:29,060 --> 02:53:30,060
 Thank you.

2772
02:53:30,060 --> 02:53:31,060
 Sure.

2773
02:53:31,060 --> 02:53:32,060
 Sorry.

2774
02:53:32,060 --> 02:53:33,060
 One more, Julie.

2775
02:53:33,060 --> 02:53:44,260
 I've got a record today going for people walking back and forth.

2776
02:53:44,260 --> 02:53:51,180
 So I think we heard in the work session earlier a question from Chair about the potential

2777
02:53:51,180 --> 02:53:56,940
 for an MN instead of an SC.

2778
02:53:56,940 --> 02:54:00,180
 Can you explain what staff's thought process was there?

2779
02:54:00,180 --> 02:54:05,180
 Just because I'm looking for something to grasp onto to follow and I'm having a hard

2780
02:54:05,180 --> 02:54:14,980
 time, specifically for both the allowed uses concept of what would be more intense by MN

2781
02:54:14,980 --> 02:54:22,980
 instead of SC, as well as the, I'm not going to remember the right term, the site design

2782
02:54:22,980 --> 02:54:30,180
 requirements that go along with uses and that particular zoning designation, if you will.

2783
02:54:30,180 --> 02:54:31,180
 Absolutely.

2784
02:54:31,180 --> 02:54:32,180
 Sure.

2785
02:54:32,180 --> 02:54:39,420
 So I guess top line, the future land use is community mixed use, and SC fits right in

2786
02:54:39,420 --> 02:54:43,540
 that slot and it's kind of designed for that SC.

2787
02:54:43,540 --> 02:54:50,180
 So from that standpoint, it met that future land use designation top line.

2788
02:54:50,180 --> 02:54:55,180
 But you do like to drill down in what the permitted uses and how that development would

2789
02:54:55,180 --> 02:54:56,180
 impact.

2790
02:54:56,180 --> 02:55:01,300
 So we have a lot of mixed use districts within the City of Denton and Tina and I were talking

2791
02:55:01,300 --> 02:55:02,960
 about that before this meeting.

2792
02:55:02,960 --> 02:55:08,420
 So we have a lot of mixed use districts and it's not necessarily that maybe SC or MN is

2793
02:55:08,420 --> 02:55:14,620
 more intensive than the other, it's just they're different.

2794
02:55:14,620 --> 02:55:16,980
 And so you look at those development standards.

2795
02:55:16,980 --> 02:55:24,580
 So SC, as it would develop, would potentially push any buildings that would be constructed

2796
02:55:24,580 --> 02:55:30,260
 on, especially along Hercules, because that is probably the less intensive road.

2797
02:55:30,260 --> 02:55:35,060
 It would be pushed back a little further from those residential areas.

2798
02:55:35,060 --> 02:55:39,860
 It would, it has the similar building coverage and building height, this MN, so those are

2799
02:55:39,860 --> 02:55:42,860
 pretty consistent across the board from that.

2800
02:55:42,860 --> 02:55:45,000
 Minimum tree canopy is also pretty consistent.

2801
02:55:45,000 --> 02:55:48,540
 The landscaping standards would remain consistent.

2802
02:55:48,540 --> 02:55:53,060
 I think where it does change is some of those design standards and the uses.

2803
02:55:53,060 --> 02:55:55,220
 So we'll talk about uses first.

2804
02:55:55,220 --> 02:56:02,480
 MN is more of a, probably closer to the residential type zoning district and that has a variety

2805
02:56:02,480 --> 02:56:04,900
 of residential uses.

2806
02:56:04,900 --> 02:56:07,660
 Multifamily is a use permitted by right.

2807
02:56:07,660 --> 02:56:15,420
 So it could be if MN were zone there, multifamily could go there without any SUP.

2808
02:56:15,420 --> 02:56:18,980
 Multifamily does require a specific use permit in SC.

2809
02:56:18,980 --> 02:56:23,420
 And so what a specific use permit does is that it just allows that additional scrutiny

2810
02:56:23,420 --> 02:56:28,300
 for that project for us to look at it a little closely and make sure it is compatible with

2811
02:56:28,300 --> 02:56:29,300
 the surrounding area.

2812
02:56:29,300 --> 02:56:33,780
 So it does add that layer within SC district.

2813
02:56:33,780 --> 02:56:39,460
 Both of them do allow for a lot of commercial uses, a lot of retail uses.

2814
02:56:39,460 --> 02:56:42,700
 SC does allow some larger retail uses.

2815
02:56:42,700 --> 02:56:47,380
 However, given the site constraints, it's probably unlikely that a big box target would

2816
02:56:47,380 --> 02:56:48,380
 go on this site.

2817
02:56:48,380 --> 02:56:51,060
 It just doesn't have the room for it.

2818
02:56:51,060 --> 02:56:54,980
 But MN district also allows retail uses.

2819
02:56:54,980 --> 02:57:02,180
 SC district does allow more automotive uses, at least by right.

2820
02:57:02,180 --> 02:57:08,500
 MN does allow some automotive uses, but there are some additional, the SUP additional protections

2821
02:57:08,500 --> 02:57:10,540
 related to that.

2822
02:57:10,540 --> 02:57:15,700
 And then SC district does allow some industrial, some employment uses, light industrial.

2823
02:57:15,700 --> 02:57:19,260
 Once again, given the constraints of the site, it may be challenging to develop that, but

2824
02:57:19,260 --> 02:57:20,260
 it is permitted.

2825
02:57:20,260 --> 02:57:25,880
 MN district does allow a limited manufacturing, that artisan manufacturing that we included

2826
02:57:25,880 --> 02:57:28,940
 within the 2019 debt and development code.

2827
02:57:28,940 --> 02:57:34,980
 So they are comparable, but there are some differences to them.

2828
02:57:34,980 --> 02:57:42,220
 We also looked at the existing property and how those design standards affected the existing

2829
02:57:42,220 --> 02:57:43,540
 development on the site.

2830
02:57:43,540 --> 02:57:54,060
 So MN district is intended to be designed in a manner to activate the street more.

2831
02:57:54,060 --> 02:57:57,820
 So we require those buildings to be pulled up to the front property line.

2832
02:57:57,820 --> 02:58:04,340
 So in MN district, a commercial development, 60% of the frontage of a lot has to have a

2833
02:58:04,340 --> 02:58:10,460
 building within 10 feet of the front property line, really to pull those buildings to the

2834
02:58:10,460 --> 02:58:11,460
 front.

2835
02:58:11,460 --> 02:58:14,100
 So MN doesn't allow front parking.

2836
02:58:14,100 --> 02:58:18,260
 In some contexts, we don't want front parking, but in other contexts, front parking might

2837
02:58:18,260 --> 02:58:21,820
 make sense because it pushes the building back a little bit, gives a little more space

2838
02:58:21,820 --> 02:58:26,660
 between any commercial uses and nearby residential uses.

2839
02:58:26,660 --> 02:58:33,860
 And then when we're looking at the existing development, MN district would create a nonconforming

2840
02:58:33,860 --> 02:58:37,980
 site feature on that site, and Haley and I were looking this up earlier to see how that

2841
02:58:37,980 --> 02:58:42,980
 would potentially impact that church facility in their potential expansion plans.

2842
02:58:42,980 --> 02:58:48,580
 And while the use would be permitted, because that use is permitted in all zoning districts,

2843
02:58:48,580 --> 02:58:52,860
 we do have site considerations, and one of those is that no front parking and pulling

2844
02:58:52,860 --> 02:58:54,280
 those buildings up.

2845
02:58:54,280 --> 02:58:58,140
 So if that church did want to expand, they could not increase that nonconformity.

2846
02:58:58,140 --> 02:59:02,900
 So it would require, potentially when they lay out any site, to build a building in front

2847
02:59:02,900 --> 02:59:07,180
 of their existing building to put parking in some other places, which could limit their

2848
02:59:07,180 --> 02:59:10,900
 ability to expand or to make any changes to their site.

2849
02:59:10,900 --> 02:59:15,660
 So we looked at those, and we felt like SC was consistent with the future land use.

2850
02:59:15,660 --> 02:59:19,700
 It was consistent with the adjacent zoning, and it would potentially allow this area to

2851
02:59:19,700 --> 02:59:22,780
 develop in a more cohesive way.

2852
02:59:22,780 --> 02:59:25,140
 So that's kind of what our thought process was.

2853
02:59:25,140 --> 02:59:26,140
 - Thank you.

2854
02:59:26,140 --> 02:59:27,140
 I really appreciate that.

2855
02:59:27,140 --> 02:59:28,140
 Thank you for that.

2856
02:59:28,140 --> 02:59:29,140
 - Sure.

2857
02:59:29,140 --> 02:59:32,820
 - Commissioner Pruitt and Chairwoman Ellis, if I could.

2858
02:59:32,820 --> 02:59:36,900
 I see you struggling down there, and I might have some information that may benefit the

2859
02:59:36,900 --> 02:59:37,900
 commission.

2860
02:59:37,900 --> 02:59:42,460
 And I was looking at, Julie, I'm going to ask you to pull up this slide that shows this

2861
02:59:42,460 --> 02:59:43,460
 up.

2862
02:59:43,460 --> 02:59:44,460
 Yes, this one.

2863
02:59:44,460 --> 02:59:49,780
 So the graphic on the far right side that shows the parcels that are surrounding the

2864
02:59:49,780 --> 02:59:51,220
 worship facility.

2865
02:59:51,220 --> 02:59:55,420
 So you see, we've got three acres to the east, about three and a half acres to the west.

2866
02:59:55,420 --> 03:00:00,260
 And so a couple of things that I've been working through and looking at this, and we've had,

2867
03:00:00,260 --> 03:00:04,020
 I think, some discussion internally amongst staff.

2868
03:00:04,020 --> 03:00:11,020
 If this property were to be rezoned to SC, while it allows for a variety of different

2869
03:00:11,020 --> 03:00:14,620
 commercial uses that could provide services within the neighborhood, you know, I think

2870
03:00:14,620 --> 03:00:19,160
 about the reality of the kind of uses that might locate on the property.

2871
03:00:19,160 --> 03:00:23,020
 We know we have ESA to the north, so really, that's a boundary, right, that we're not going

2872
03:00:23,020 --> 03:00:24,860
 to potentially cross.

2873
03:00:24,860 --> 03:00:29,460
 So then if I've got a three-acre tract to the east, in all likelihood, a retailer is

2874
03:00:29,460 --> 03:00:34,160
 not going to locate there, because it does not afford them the type of visibility that

2875
03:00:34,160 --> 03:00:35,820
 retailers are looking for today.

2876
03:00:35,820 --> 03:00:40,500
 So then it's kind of like, what else might go on that property if it were to develop?

2877
03:00:40,500 --> 03:00:46,820
 A good, to me, a potentially good use of that location might be smaller scale office business

2878
03:00:46,820 --> 03:00:47,820
 locating on that.

2879
03:00:47,820 --> 03:00:51,220
 When I think about the property that's labeled the three and a half acres that has the front

2880
03:00:51,220 --> 03:00:56,300
 of John Locus and on the west side of the church, knowing that there is also an electrical

2881
03:00:56,300 --> 03:01:00,380
 substation that is across the street, you know, I think about, okay, what uses might

2882
03:01:00,380 --> 03:01:02,420
 be able to locate there?

2883
03:01:02,420 --> 03:01:07,100
 From a commercial standpoint, we're probably looking at two buildings, maybe.

2884
03:01:07,100 --> 03:01:11,220
 Might be able to squeeze in a third one if they were smaller drive-through sites in that

2885
03:01:11,220 --> 03:01:17,140
 area, especially given some of them, how they've scaled back on their building sizes, but realistically,

2886
03:01:17,140 --> 03:01:21,220
 I think probably about two buildings would be in there.

2887
03:01:21,220 --> 03:01:23,980
 A McDonald's is generally sited on one acre.

2888
03:01:23,980 --> 03:01:28,820
 A Starbucks-sized building will squeeze in on definitely less than an acre.

2889
03:01:28,820 --> 03:01:33,140
 And so that's kind of the mindset I'm applying of, okay, how would buildings locate here?

2890
03:01:33,140 --> 03:01:37,940
 If that were to be some sort of maybe a retail pharmacy-type use, then you're probably looking

2891
03:01:37,940 --> 03:01:39,900
 at them locating on about an acre and a half.

2892
03:01:39,900 --> 03:01:44,300
 So that's kind of the madness of how I came up with roughly two buildings there.

2893
03:01:44,300 --> 03:01:48,500
 To me, I think one of the challenges with our zoning district or with our DDC is we

2894
03:01:48,500 --> 03:01:54,220
 do not have a true neighborhood office-type zoning district that where I think a neighborhood

2895
03:01:54,220 --> 03:01:58,620
 office zoning district might be actually a great type of transitioning district between

2896
03:01:58,620 --> 03:02:03,660
 where you've got residential uses to the south, knowing that you've got the worship facility

2897
03:02:03,660 --> 03:02:04,660
 there.

2898
03:02:04,660 --> 03:02:07,700
 We have a general office zoning district, but I would not encourage you to go down the

2899
03:02:07,700 --> 03:02:11,380
 general office zoning district path because I call that the light industrial and disguised

2900
03:02:11,380 --> 03:02:12,380
 district.

2901
03:02:12,380 --> 03:02:16,620
 Our general office district is truly not an office district, my name, when you think about

2902
03:02:16,620 --> 03:02:18,180
 all of the uses that are allowed in there.

2903
03:02:18,180 --> 03:02:20,700
 It allows much larger scale development.

2904
03:02:20,700 --> 03:02:26,860
 So absent a neighborhood office zoning district, then it's kind of what other zoning districts

2905
03:02:26,860 --> 03:02:28,240
 are available.

2906
03:02:28,240 --> 03:02:33,740
 And I know a lot of times we do look to MN to see if it can kind of help fill that gap.

2907
03:02:33,740 --> 03:02:38,100
 But given the way the development standards are in the MN district, I'm not convinced

2908
03:02:38,100 --> 03:02:40,260
 that that would be the right zoning for this area.

2909
03:02:40,260 --> 03:02:42,580
 So I share that with you.

2910
03:02:42,580 --> 03:02:47,500
 I don't know if that helps you in your decision-making process with the request that's before you

2911
03:02:47,500 --> 03:02:48,500
 this evening.

2912
03:02:48,500 --> 03:02:52,860
 But I felt like it was important that you have some of that insight.

2913
03:02:52,860 --> 03:02:53,860
 Thank you.

2914
03:02:53,860 --> 03:02:54,860
 I do appreciate that.

2915
03:02:54,860 --> 03:02:57,900
 Chair, if I just have a few words, and then we can continue our discussion.

2916
03:02:57,900 --> 03:03:00,980
 Thank you very much.

2917
03:03:00,980 --> 03:03:02,180
 And I really do appreciate that.

2918
03:03:02,180 --> 03:03:10,300
 I mean, as I'm looking, you know, I share your concern for how do we deal with neighborhood

2919
03:03:10,300 --> 03:03:16,740
 compatibility in areas where some uses that are not homes might be appropriate, and how

2920
03:03:16,740 --> 03:03:22,180
 do we ensure that as those things hopefully go into more neighborhoods in our town, they

2921
03:03:22,180 --> 03:03:28,960
 are done tastefully so that the reaction is thankfulness instead of, oh, my gosh, I don't

2922
03:03:28,960 --> 03:03:37,620
 like hearing big trucks in a three-acre parking lot across from my house, right?

2923
03:03:37,620 --> 03:03:45,500
 You know, if I'm thinking purely about sort of the general zoning district long-term future,

2924
03:03:45,500 --> 03:03:51,660
 you know, in some ways, the R7 kind of is my understanding of that neighborhood office

2925
03:03:51,660 --> 03:03:52,660
 thing.

2926
03:03:52,660 --> 03:03:58,620
 It allows certain office uses by right, it rounds retail with an SUP, et cetera.

2927
03:03:58,620 --> 03:04:04,740
 But it's just on the other side of the cut line from allowing a transmission tower, right?

2928
03:04:04,740 --> 03:04:12,740
 So I can't help but feel like this application is like one of those, you know, you take one

2929
03:04:12,740 --> 03:04:16,660
 step that seems reasonable and then another one and then you see there's a wall there

2930
03:04:16,660 --> 03:04:19,180
 and then you turn right and you just take one more step.

2931
03:04:19,180 --> 03:04:24,980
 And after six months or a year, you turn around and you say, wait, where did I start?

2932
03:04:24,980 --> 03:04:32,460
 Because the impression I get is the first hurdle is the use of the transmission tower.

2933
03:04:32,460 --> 03:04:37,300
 Okay, where do we have to fit that in order to make that work, right?

2934
03:04:37,300 --> 03:04:43,780
 And then the next hurdle is oh, well, we can't just carve out one parcel because we have

2935
03:04:43,780 --> 03:04:50,340
 part of the code that says access needs to be taken through a site where that same use

2936
03:04:50,340 --> 03:04:51,740
 is permitted.

2937
03:04:51,740 --> 03:04:59,380
 Well, to me, what that's expressing or the true concern that that piece of code is trying

2938
03:04:59,380 --> 03:05:07,740
 to guard against is a crazy difference in intensity of use or type of traffic or noise

2939
03:05:07,740 --> 03:05:13,940
 or something, right, where you've got, you know, 100 cars at 7 a.m. lining up to get

2940
03:05:13,940 --> 03:05:20,060
 into your Starbucks, right, where you didn't really count on that, right, and then they're

2941
03:05:20,060 --> 03:05:25,820
 taking access off of a smaller collector street instead of an arterial, et cetera, et cetera.

2942
03:05:25,820 --> 03:05:29,980
 And I don't think anybody is going to drive or walk to a transmission tower except when

2943
03:05:29,980 --> 03:05:32,140
 they set them up, right?

2944
03:05:32,140 --> 03:05:37,940
 So I understand that piece of code is there and I understand we need to abide by it, but

2945
03:05:37,940 --> 03:05:46,780
 it seems like its intention is something completely separate from what's forcing us into this

2946
03:05:46,780 --> 03:05:49,500
 box, right?

2947
03:05:49,500 --> 03:05:56,700
 You know, I mean, MN, I could get behind, I understand there might be some concerns

2948
03:05:56,700 --> 03:06:05,500
 of use compatibility there, you know, respectfully I would say the design of these sites that

2949
03:06:05,500 --> 03:06:15,540
 are site-specific design requirements are in place for is more important to people's

2950
03:06:15,540 --> 03:06:22,980
 everyday lives than whether what's going on inside the building is somebody making leather

2951
03:06:22,980 --> 03:06:30,880
 goods for, you know, small-scale production thing or somebody having a doctor's office

2952
03:06:30,880 --> 03:06:33,740
 or something, right?

2953
03:06:33,740 --> 03:06:41,060
 Yeah, I feel like this is a much longer project and timeline than I would have expected to

2954
03:06:41,060 --> 03:06:49,500
 put up a transmission tower, I want to find a solution and I'll tell you what my biggest

2955
03:06:49,500 --> 03:06:57,580
 concern is, is that if this goes in as C, functionally at the level that we are considering

2956
03:06:57,580 --> 03:07:04,860
 this, right, it's somewhat obvious that we're not going to get a Kroger there, okay?

2957
03:07:04,860 --> 03:07:07,740
 But we might get a Starbucks, right?

2958
03:07:07,740 --> 03:07:12,500
 No, it's great to have coffee, but I'd much rather that Starbucks be 10 feet from the

2959
03:07:12,500 --> 03:07:17,780
 street so that people can walk to it and get their coffee or ride their bike over there.

2960
03:07:17,780 --> 03:07:20,980
 And if it's a drive-through, you're not going to want to do that anyway because there's

2961
03:07:20,980 --> 03:07:23,860
 going to be 100 cars lined up on the road.

2962
03:07:23,860 --> 03:07:25,780
 So let me get back to my concern.

2963
03:07:25,780 --> 03:07:32,800
 My concern for the future is this portion of Locust, as we've mentioned before, is not

2964
03:07:32,800 --> 03:07:37,580
 a city street, it's not even on the list for potential take-back.

2965
03:07:37,580 --> 03:07:39,260
 It's a TxDOT roadway.

2966
03:07:39,260 --> 03:07:46,500
 I really don't want, and I don't think people in the church want, the development of this

2967
03:07:46,500 --> 03:07:50,900
 area to turn around and then four years from now, TxDOT says, "Okay, we've got to pave

2968
03:07:50,900 --> 03:07:56,740
 six lanes, Locust, all the way down from Elm up to 288," right?

2969
03:07:56,740 --> 03:08:05,100
 And so I'm very cautious in land use decisions that would sort of encourage more investment

2970
03:08:05,100 --> 03:08:12,780
 in intensive automobile traffic uses that could turn into that.

2971
03:08:12,780 --> 03:08:17,020
 So that's where I am, so thank you.

2972
03:08:17,020 --> 03:08:23,300
 Well, and I guess in response to that, I mean, we kind of already have done that in that

2973
03:08:23,300 --> 03:08:24,300
 area, right?

2974
03:08:24,300 --> 03:08:29,900
 I mean, right to the north of that is SC, and we're dealing with, what are we dealing

2975
03:08:29,900 --> 03:08:35,300
 with, 13 acres total?

2976
03:08:35,300 --> 03:08:36,820
 Yeah, 13 acres total.

2977
03:08:36,820 --> 03:08:45,860
 Yeah, I mean, I share similar concerns as to why it had to go SC.

2978
03:08:45,860 --> 03:08:51,140
 My best guess for how staff worked through this was to protect what's already existing

2979
03:08:51,140 --> 03:08:58,420
 there with the church, because we're going to make them non-conforming if we go MN, which

2980
03:08:58,420 --> 03:09:04,420
 makes a little bit more sense with how we describe what an MN district is versus what

2981
03:09:04,420 --> 03:09:11,940
 an SC district is, but at the same time, having the good neighbor that they are and trying

2982
03:09:11,940 --> 03:09:15,660
 to mitigate that from happening.

2983
03:09:15,660 --> 03:09:22,380
 So for me, what alleviates my concern a little bit is, I mean, this is a need in our community

2984
03:09:22,380 --> 03:09:30,340
 for sure, and I've got to trust staff on how they did their due diligence on trying to

2985
03:09:30,340 --> 03:09:32,060
 direct this application.

2986
03:09:32,060 --> 03:09:38,380
 Well, I share your concerns, and I would like to see something there that the neighborhood

2987
03:09:38,380 --> 03:09:44,860
 as a whole could use, but as Tina pointed out, when you look at the weird configuration

2988
03:09:44,860 --> 03:09:51,540
 of that lot to the west, which is looking at the substation, I mean, that's not where

2989
03:09:51,540 --> 03:09:52,540
 people are walking to.

2990
03:09:52,540 --> 03:09:56,120
 They'd walk the other way maybe.

2991
03:09:56,120 --> 03:09:59,980
 Maybe potentially there could be some kind of neighborhood service in those three acres.

2992
03:09:59,980 --> 03:10:09,780
 I mean, I guess time will tell on that, but yeah, for this, I'm going to go with the way

2993
03:10:09,780 --> 03:10:18,140
 staff looked at this, looked at who's already there on the lot versus the need in the community

2994
03:10:18,140 --> 03:10:23,700
 and the due diligence by I think everyone collectively is why I can get behind and support

2995
03:10:23,700 --> 03:10:24,700
 that.

2996
03:10:24,700 --> 03:10:28,100
 So if that helps at all with your decision-making process.

2997
03:10:28,100 --> 03:10:30,820
 Is there any other discussion?

2998
03:10:30,820 --> 03:10:33,220
 I know we do have a first and a second at this point.

2999
03:10:33,220 --> 03:10:37,220
 I think it was you, Commissioner Villarreal with the first, Commissioner Cole with the

3000
03:10:37,220 --> 03:10:38,980
 first, Commissioner Villarreal with the second.

3001
03:10:38,980 --> 03:10:39,980
 Thank you very much.

3002
03:10:39,980 --> 03:10:40,980
 Okay.

3003
03:10:40,980 --> 03:10:45,380
 If there were no discussion, I'm going to go ahead and call for a vote.

3004
03:10:45,380 --> 03:10:46,380
 Commissioner Cole?

3005
03:10:46,380 --> 03:10:47,380
 Aye.

3006
03:10:47,380 --> 03:10:48,380
 Commissioner Villarreal?

3007
03:10:48,380 --> 03:10:49,380
 Aye.

3008
03:10:49,380 --> 03:10:50,380
 Commissioner McDade?

3009
03:10:50,380 --> 03:10:51,380
 Aye.

3010
03:10:51,380 --> 03:10:52,380
 Commissioner Pruitt?

3011
03:10:52,380 --> 03:10:53,380
 Aye.

3012
03:10:53,380 --> 03:10:54,380
 Okay.

3013
03:10:54,380 --> 03:10:56,940
 And the chair is an aye.

3014
03:10:56,940 --> 03:11:03,220
 So that will carry 4-1.

3015
03:11:03,220 --> 03:11:04,220
 Thank you.

3016
03:11:04,220 --> 03:11:06,700
 Appreciate the questions and the time that you gave to us.

3017
03:11:06,700 --> 03:11:07,740
 Thank you as well.

3018
03:11:07,740 --> 03:11:12,380
 And for these binders, which we should collect probably and share with city council.

3019
03:11:12,380 --> 03:11:13,380
 Right?

3020
03:11:13,380 --> 03:11:17,460
 I was going to say, Chairman Ellis was asking, do you want your-

3021
03:11:17,460 --> 03:11:19,460
 We should probably share these with city council because you've got to move-

3022
03:11:19,460 --> 03:11:20,460
 Oh absolutely.

3023
03:11:20,460 --> 03:11:21,460
 We'll have.

3024
03:11:21,460 --> 03:11:24,460
 It's for the council to go through where you want to take.

3025
03:11:24,460 --> 03:11:25,460
 Okay.

3026
03:11:25,460 --> 03:11:26,460
 Absolutely.

3027
03:11:26,460 --> 03:11:27,460
 Very good.

3028
03:11:27,460 --> 03:11:28,460
 Thank you.

3029
03:11:28,460 --> 03:11:29,460
 Thank you again.

3030
03:11:29,460 --> 03:11:30,460
 Thank you very much.

3031
03:11:30,460 --> 03:11:31,460
 Thank you.

3032
03:11:31,460 --> 03:11:32,460
 Thank you.

3033
03:11:32,460 --> 03:11:33,460
 Thank you.

3034
03:11:33,460 --> 03:11:34,460
 Okay.

3035
03:11:34,460 --> 03:11:39,460
 5CZ220004 has been postponed.

3036
03:11:39,460 --> 03:11:41,580
 So we will not take action there.

3037
03:11:41,580 --> 03:11:46,540
 I'm going to ask the commission, do you all need a break?

3038
03:11:46,540 --> 03:11:48,780
 Can we keep going or do we need to take five?

3039
03:11:48,780 --> 03:11:50,780
 I'm looking to all of you.

3040
03:11:50,780 --> 03:11:51,780
 Yeah.

3041
03:11:51,780 --> 03:11:52,780
 Thank you.

3042
03:11:52,780 --> 03:11:53,780
 You need to take five?

3043
03:11:53,780 --> 03:11:54,780
 Okay.

3044
03:11:54,780 --> 03:11:55,780
 You got it.

3045
03:11:55,780 --> 03:12:02,300
 Let's recess at 834 and let's try our best to get back here at 845.

3046
03:12:02,300 --> 03:12:06,460
 Oh yeah.

3047
03:12:06,460 --> 03:12:08,060
 Thank you everyone for your patience.

3048
03:12:08,060 --> 03:12:16,740
 I will call us back to order at 843 PM and call item 5DZ210019.

3049
03:12:16,740 --> 03:12:18,580
 Mia will come up for presentation.

3050
03:12:18,580 --> 03:12:20,660
 I will open the public hearing.

3051
03:12:20,660 --> 03:12:34,500
 Good evening again chair, members of the commission.

3052
03:12:34,500 --> 03:12:42,740
 I am Mia Hines, Associate Planner for the City of Denton and this item is zoning case

3053
03:12:42,740 --> 03:12:51,660
 21-0019 for rezoning request for 2500 Panhandle Street.

3054
03:12:51,660 --> 03:12:59,220
 The property is approximately 3.8 acre property located within the Razor Ranch overlay district.

3055
03:12:59,220 --> 03:13:05,100
 The request is to change the zoning for this particular tract from the RRO district to

3056
03:13:05,100 --> 03:13:08,660
 the straight mixed use neighborhood district.

3057
03:13:08,660 --> 03:13:14,100
 The request would also effectively amend the Razor Ranch overlay district zoning exhibit

3058
03:13:14,100 --> 03:13:20,380
 and the concept exhibit as it would pull this tract, which has been subdivided into two

3059
03:13:20,380 --> 03:13:25,420
 parcels since this application was submitted, it would pull this tract away from or out

3060
03:13:25,420 --> 03:13:32,180
 of the Razor Ranch overlay district and this property would be subject to the standards

3061
03:13:32,180 --> 03:13:37,660
 of the current development code MN district if he chooses to recommend approval and council

3062
03:13:37,660 --> 03:13:39,820
 ultimately approves this rezoning.

3063
03:13:39,820 --> 03:13:44,500
 The property is generally located west of Bonnie Bray Street, which is a secondary arterial

3064
03:13:44,500 --> 03:13:50,020
 between Panhandle Street there to the south, which is a collector and Linden Drive residential

3065
03:13:50,020 --> 03:13:52,580
 street there to the north.

3066
03:13:52,580 --> 03:13:58,020
 Obviously the property is undeveloped, but the applicant has expressed the intent to

3067
03:13:58,020 --> 03:14:07,640
 develop multiple medical office facilities as well as a pharmacy with a drive thru.

3068
03:14:07,640 --> 03:14:16,680
 It is also surrounded to the north, south and west with the RRO district and to the

3069
03:14:16,680 --> 03:14:22,500
 east across Bonnie Bray Street is an existing single family residential subdivision zoned

3070
03:14:22,500 --> 03:14:23,500
 R3.

3071
03:14:23,500 --> 03:14:28,820
 I also wanted to note that right there on the northeast corner of Bonnie Bray Street

3072
03:14:28,820 --> 03:14:36,720
 and Panhandle Drive is a property zoned PDMN and is currently developed with multiple professional

3073
03:14:36,720 --> 03:14:44,360
 office buildings, similar to what the applicant is proposing for this site.

3074
03:14:44,360 --> 03:14:51,340
 So pursuant to subchapter 2 of the DDC, the staff did review this rezoning request pursuant

3075
03:14:51,340 --> 03:14:57,540
 to that approval criteria of notes, I wanted to mention that the proposed MN zoning district

3076
03:14:57,540 --> 03:15:02,780
 is consistent with the Denton 2040 comprehensive future land use designation of regional mixed

3077
03:15:02,780 --> 03:15:08,980
 use, which if you look in our comprehensive plan is a designation intended for promoting

3078
03:15:08,980 --> 03:15:14,720
 a mix of low impact development while complementing and embracing existing viable uses and raising

3079
03:15:14,720 --> 03:15:16,500
 the standard of design.

3080
03:15:16,500 --> 03:15:23,060
 We do within our Denton development code have a mixed use regional zoning district, however

3081
03:15:23,060 --> 03:15:29,420
 given the proximity to the existing low density single family subdivision to the east as well

3082
03:15:29,420 --> 03:15:36,260
 as the higher density and commercial uses permitted within the Razor Ranch overlay district,

3083
03:15:36,260 --> 03:15:43,060
 the MN provides for a more cohesive transition between those two across Bonnie Bray Street

3084
03:15:43,060 --> 03:15:50,300
 into the Razor Ranch overlay district and I have a table to sort of show how the development

3085
03:15:50,300 --> 03:15:54,500
 standards differ from what's existing within the RRO as well as what would be proposed

3086
03:15:54,500 --> 03:16:01,960
 within the MN and a little bit of points of how the MN is a bit more of a cohesive transition

3087
03:16:01,960 --> 03:16:07,460
 from as opposed to the MR which is that mixed use regional.

3088
03:16:07,460 --> 03:16:10,720
 Additionally I wanted to note that the development would be subject to the development standards

3089
03:16:10,720 --> 03:16:15,780
 and processes of the current Denton development code as they exist right now and as may be

3090
03:16:15,780 --> 03:16:16,780
 amended.

3091
03:16:16,780 --> 03:16:20,660
 So if you all recall or familiar with the Razor Ranch overlay district that was established

3092
03:16:20,660 --> 03:16:25,940
 under the 2002 Denton development code and so whatever is not mentioned within the overlay

3093
03:16:25,940 --> 03:16:31,700
 standards for the Razor Ranch district is subject to those now outdated development

3094
03:16:31,700 --> 03:16:37,780
 standards of the 2002 code so by changing the zoning from our Razor Ranch overlay district

3095
03:16:37,780 --> 03:16:43,540
 to MN they would be subject to the existing processes and the existing development standards

3096
03:16:43,540 --> 03:16:49,540
 within our existing Denton development code.

3097
03:16:49,540 --> 03:16:55,300
 Specifically again here's that table for comparison.

3098
03:16:55,300 --> 03:16:59,780
 The minimum landscape area within this particular sub area of the Razor Ranch overlay district

3099
03:16:59,780 --> 03:17:07,340
 is 10% of the total lot area with 7% of the total parking lot area requiring or being

3100
03:17:07,340 --> 03:17:12,580
 required to be landscaped under the mixed use district we bumped that up to 20% of the

3101
03:17:12,580 --> 03:17:15,660
 total lot area so they would be subject to that.

3102
03:17:15,660 --> 03:17:22,180
 Additionally tree canopy coverage within RRO is 20% mixed use district is 40% so again

3103
03:17:22,180 --> 03:17:28,100
 a higher standard higher landscape standards compared to what is currently permitted.

3104
03:17:28,100 --> 03:17:33,980
 minimum buffer adjacent to residential for single family districts within the sub area

3105
03:17:33,980 --> 03:17:39,700
 Razor Ranch overlay district requires a 10 foot wide landscape buffer and specifies six

3106
03:17:39,700 --> 03:17:47,220
 trees plus 25 shrubs per 100 linear feet adjacent to a single family zone district and it does

3107
03:17:47,220 --> 03:17:53,060
 not have a buffer requirement standards for multi-family district which this property

3108
03:17:53,060 --> 03:18:00,820
 does currently abut to the west our MN standards however requires a 15 foot wide landscape

3109
03:18:00,820 --> 03:18:07,500
 buffer and we have a table 7 point G within our DDC which sort of allows for options and

3110
03:18:07,500 --> 03:18:12,220
 allows for the applicant and developers to be creative with their design within that

3111
03:18:12,220 --> 03:18:17,500
 landscape buffer to assure the compatibility of land uses there.

3112
03:18:17,500 --> 03:18:22,340
 Similarly street trees under the Razor Ranch overlay district requirement were one street

3113
03:18:22,340 --> 03:18:28,300
 tree per 45 feet of street frontage within our mixed use district we would get more street

3114
03:18:28,300 --> 03:18:32,780
 trees that would be one per 30 feet of street frontage maximum building height for this

3115
03:18:32,780 --> 03:18:38,900
 particular sub area is 200 feet for hotels and offices and 100 feet for other uses permitted

3116
03:18:38,900 --> 03:18:46,060
 within this sub area under the MN it would be 65 feet but actually anything between 41

3117
03:18:46,060 --> 03:18:52,520
 and 65 foot will require an SUP so they are again sort of helping to mitigate the impacts

3118
03:18:52,520 --> 03:18:59,300
 on surrounding properties you're looking at a lower maximum building height as well.

3119
03:18:59,300 --> 03:19:07,020
 Maximum coverage for existing RRO standards is 90 percent with a maximum floor area ratio

3120
03:19:07,020 --> 03:19:11,860
 of 4.0 under the current standards you're looking at a maximum coverage of 80 percent

3121
03:19:11,860 --> 03:19:18,020
 so that decreases the amount of impermeable surfaces and building coverage permitted within

3122
03:19:18,020 --> 03:19:19,900
 this district.

3123
03:19:19,900 --> 03:19:26,520
 Permitted uses in total transparency it isn't less intensive or anything like that but we

3124
03:19:26,520 --> 03:19:33,060
 do have those additional design and development standards within the MN district namely I

3125
03:19:33,060 --> 03:19:40,300
 wanted to point out that as stated in the Razor Ranch overlay district only single family

3126
03:19:40,300 --> 03:19:45,580
 detached attached community home professional services and offices and parking open space

3127
03:19:45,580 --> 03:19:52,260
 are permitted on this particular lot with the transition to mixed use district they

3128
03:19:52,260 --> 03:19:58,320
 would be open to permit or develop any of the permitted uses within the MN district

3129
03:19:58,320 --> 03:20:04,040
 however it would be again subject to the increased development standards within our current development

3130
03:20:04,040 --> 03:20:11,540
 code specific I also wanted to point out that for multifamily and single family developments

3131
03:20:11,540 --> 03:20:16,980
 on this particular lot because there is a gas well to the south of this property they

3132
03:20:16,980 --> 03:20:22,260
 they are limited to approximately I believe I calculated at about 1.8 acres so if they

3133
03:20:22,260 --> 03:20:26,940
 were to the applicant were to change their development plan from what they've expressed

3134
03:20:26,940 --> 03:20:31,580
 to the city thus far and want to do some type of multifamily or higher density residential

3135
03:20:31,580 --> 03:20:35,500
 or something like that they're limited to a small portion where that can go on this

3136
03:20:35,500 --> 03:20:40,180
 lot because of the gas well setbacks that we have under our current DDC.

3137
03:20:40,180 --> 03:20:46,100
 Additionally higher intensity uses industrial uses vehicle services will require an SUP

3138
03:20:46,100 --> 03:20:50,380
 and so that would of course have to come back before this body before that those uses those

3139
03:20:50,380 --> 03:20:55,900
 types of uses would be permitted.

3140
03:20:55,900 --> 03:21:03,260
 So pursuant to state requirement and our DDC we did do public outreach we posted in the

3141
03:21:03,260 --> 03:21:07,980
 newspaper on July 24th there was a website posting on July 20th and property signs were

3142
03:21:07,980 --> 03:21:14,380
 posted by July 19th additionally we mailed out notices and have not received as of today

3143
03:21:14,380 --> 03:21:19,540
 have not received any in response a neighborhood meeting was not held but the applicant contacted

3144
03:21:19,540 --> 03:21:23,580
 the neighbors directly and they are here with a brief presentation and can go over those

3145
03:21:23,580 --> 03:21:27,540
 efforts if you have any questions about that.

3146
03:21:27,540 --> 03:21:32,180
 So with that staff is recommending approval of the request as it complies with the applicable

3147
03:21:32,180 --> 03:21:37,940
 sections of the DDC should this body move forward with a recommendation of approval

3148
03:21:37,940 --> 03:21:44,020
 or denial it's going to go scheduled to go before city council on September 20th of 2022.

3149
03:21:44,020 --> 03:21:48,060
 At this time I will answer any questions you may have for me and the applicant is here

3150
03:21:48,060 --> 03:21:51,220
 with a brief presentation and available to answer questions.

3151
03:21:51,220 --> 03:21:59,740
 Great ma'am thank you very much questions at this time for staff okay nice presentation

3152
03:21:59,740 --> 03:22:01,460
 thank you very much.

3153
03:22:01,460 --> 03:22:11,300
 I do have a card wishing to speak I will invite Amy Bissett back up to the podium welcome

3154
03:22:11,300 --> 03:22:16,780
 back Amy Bissett 109 North Elm Denton 76201 I'm not going to make a presentation I think

3155
03:22:16,780 --> 03:22:21,980
 you heard enough from me tonight I just want to say a couple of very brief things the pharmacy

3156
03:22:21,980 --> 03:22:27,340
 use is intended to be a small scale community pharmacy we're not talking about a national

3157
03:22:27,340 --> 03:22:33,260
 retail pharmacy and we originally applied to amend the razor ranch overlay district rather

3158
03:22:33,260 --> 03:22:38,060
 than accepting ourselves out of it and after conversations with staff thought it would

3159
03:22:38,060 --> 03:22:43,620
 just be cleaner to come into the 2019 code currently my client Mr. Strange is sitting

3160
03:22:43,620 --> 03:22:47,940
 behind me and he plans to de-restrict the property to medical and professional offices

3161
03:22:47,940 --> 03:22:53,180
 and related medical retail so some of those uses that you may be concerned about will

3162
03:22:53,180 --> 03:22:58,740
 not likely occur in the future the property will be still be subject to the razor ranch

3163
03:22:58,740 --> 03:23:04,580
 architectural control committee so it will still look have the same look and feel similar

3164
03:23:04,580 --> 03:23:13,700
 materials and will still have to be applied in this particular case for consistency and

3165
03:23:13,700 --> 03:23:18,540
 we did met do a mailer to the neighborhood to just invite them to come to reach out with

3166
03:23:18,540 --> 03:23:23,740
 any questions and provide more detail and we did not hear from anybody thank you thank

3167
03:23:23,740 --> 03:23:33,660
 you for clarification any questions for okay thank you this is a public hearing I don't

3168
03:23:33,660 --> 03:23:37,980
 have any other cards in front of me is there anyone else who would wish to speak on this

3169
03:23:37,980 --> 03:23:47,540
 item okay seeing none I will close the public hearing and open the floor for a motion or

3170
03:23:47,540 --> 03:23:55,420
 discussion commissioner Villarreal move approval second okay we've got a first and a second

3171
03:23:55,420 --> 03:24:04,300
 for approval of the request any discussion okay commissioner Villarreal I commissioner

3172
03:24:04,300 --> 03:24:12,100
 Cole I commissioner McDade I commissioner Pruitt I chairs also an I that motion carries

3173
03:24:12,100 --> 03:24:19,900
 five zero that will move us to our next public hearing item that is five easy to two zero

3174
03:24:19,900 --> 03:24:26,700
 zero zero zero nine I will invite Angie up for presentation and open the public hearing

3175
03:24:26,700 --> 03:24:43,420
 hello just a moment thank you Angie mingler senior planner at the city of Denton this

3176
03:24:43,420 --> 03:24:51,860
 is project Z 22009 it is a rezoning case for cowboy distribution the rezoning case is for

3177
03:24:51,860 --> 03:24:58,060
 a 10 acre tract of land currently zoned residential to the request is to rezone this particular

3178
03:24:58,060 --> 03:25:03,780
 tract of land to heavy industrial the subject tract is located approximately 400 feet east

3179
03:25:03,780 --> 03:25:09,020
 of Northwestern Boulevard and 1400 feet north of Jim Crystal Road the future land use plan

3180
03:25:09,020 --> 03:25:15,660
 for this area calls for this part of Denton to be in dust industrial commerce the subject

3181
03:25:15,660 --> 03:25:20,760
 property is currently vacant and has not been previously developed it is surrounded to the

3182
03:25:20,760 --> 03:25:26,700
 southwest and east by additionally zoned heavy industrial property that is also currently

3183
03:25:26,700 --> 03:25:31,980
 vacant and undeveloped and then to the north there is general office zoning this property

3184
03:25:31,980 --> 03:25:36,220
 is currently vacant however there are two industrial warehouse buildings that are currently

3185
03:25:36,220 --> 03:25:42,140
 under building permit in civil engineering review by Denton City staff the future land

3186
03:25:42,140 --> 03:25:48,940
 use plan and the Denton 2040 comprehensive plan call for this area to be industrial commerce

3187
03:25:48,940 --> 03:25:54,740
 the industrial commerce land use designation is predominantly located to the west of I-35W

3188
03:25:54,740 --> 03:26:00,140
 near the Denton municipal airport it does contemplate uses such as manufacturing assembly

3189
03:26:00,140 --> 03:26:04,980
 fabrication and wholesaling uses the uses that are permitted in the heavy industrial

3190
03:26:04,980 --> 03:26:09,860
 zoning district are consistent with what the future land use plan calls for further the

3191
03:26:09,860 --> 03:26:14,920
 Denton comprehensive plan realizes that a diverse economy is fundamental to achieving

3192
03:26:14,920 --> 03:26:19,860
 the goals of the Denton 2040 comprehensive plan specifically ensuring that there is adequate

3193
03:26:19,860 --> 03:26:25,180
 land use for future economic growth particularly in non-residential land use categories this

3194
03:26:25,180 --> 03:26:29,640
 proposed use is consistent with the goals of the comprehensive plan and providing a

3195
03:26:29,640 --> 03:26:37,340
 robust and diverse economy the proposed application does meet all criteria for approval as outlined

3196
03:26:37,340 --> 03:26:42,980
 in the Denton development codes of chapter 2 specifically this heavy industrial zoning

3197
03:26:42,980 --> 03:26:47,520
 request is consistent with the future land use plan as the property is designated as

3198
03:26:47,520 --> 03:26:53,300
 industrial commerce the rezoning is also consistent with adjacent developments and land uses within

3199
03:26:53,300 --> 03:26:58,620
 this area the intent of the rezoning of this 10 acre tract of land is to align the zoning

3200
03:26:58,620 --> 03:27:04,140
 of the site with adjacently zoned heavy industrial property that's situated to the southeast

3201
03:27:04,140 --> 03:27:08,780
 and west which is owned by the same entity for the eventual future development of an

3202
03:27:08,780 --> 03:27:13,580
 industrial site to be located at the northeast corner of Western Boulevard and Jim Crystal

3203
03:27:13,580 --> 03:27:23,580
 Road this proposed development is approximately 860,000 square feet in size as this area continues

3204
03:27:23,580 --> 03:27:28,780
 to develop west of 35 and near the airport the proposed future industrial use would be

3205
03:27:28,780 --> 03:27:33,860
 consistent area and compatible with the desire that this remain an industrial manufacturing

3206
03:27:33,860 --> 03:27:39,900
 region in the city of Denton should this request be approved the development shall comply with

3207
03:27:39,900 --> 03:27:44,340
 all DDC requirements which would include screening and landscaping requirements site and building

3208
03:27:44,340 --> 03:27:49,980
 design requirements and exterior lighting requirements by code public outreach was done

3209
03:27:49,980 --> 03:27:55,540
 in accordance with Texas state laws was the DDC notices were mailed to residents with

3210
03:27:55,540 --> 03:28:00,800
 the in 200 feet of the property and then courtesy notices were sent out to properties within

3211
03:28:00,800 --> 03:28:06,460
 500 feet of the subject tract at this time we've received one response in favor of the

3212
03:28:06,460 --> 03:28:13,020
 application there was not a neighborhood meeting held for this particular request staff is

3213
03:28:13,020 --> 03:28:17,060
 forwarding this to you this evening with a recommendation of approval as it does comply

3214
03:28:17,060 --> 03:28:22,260
 with the criteria as specified in the Denton development code the next step in this process

3215
03:28:22,260 --> 03:28:26,400
 would be a public hearing and consideration by City Council at their meeting to be held

3216
03:28:26,400 --> 03:28:31,980
 on September 20th 2022 I'm happy to answer any questions and the applicant is also here

3217
03:28:31,980 --> 03:28:41,060
 available to answer any questions you may have any questions right now for staff I don't

3218
03:28:41,060 --> 03:28:46,820
 have any cards filled I don't know if the applicant wants to say anything if not do

3219
03:28:46,820 --> 03:28:53,180
 we have any questions for the applicant okay then I will go ahead and close the public

3220
03:28:53,180 --> 03:28:59,620
 hearing and open the floor for discussion or a motion Commissioner Cole I'll make a

3221
03:28:59,620 --> 03:29:05,340
 motion to approve got a first Commissioner McDade a second got a first and a second

3222
03:29:05,340 --> 03:29:12,820
 for approval of the request any discussion okay Commissioner Cole I Commissioner McDade

3223
03:29:12,820 --> 03:29:19,900
 I Commissioner Pruitt I Commissioner Villarreal I shares also an I that motion carries five

3224
03:29:19,900 --> 03:29:28,020
 zero that will take us to five F DCA two two dash zero zero zero three invite run up for

3225
03:29:28,020 --> 03:29:32,940
 his presentation and open the public hearing thank you madam chair members of Commission

3226
03:29:32,940 --> 03:29:38,580
 Romney get a principal planner with development services this item is a development code amendment

3227
03:29:38,580 --> 03:29:43,140
 regarding data centers in which we've spoken about during our work sessions so much of

3228
03:29:43,140 --> 03:29:48,820
 what I'll be presenting will be as quick summary the purpose of the code amendment is really

3229
03:29:48,820 --> 03:29:54,580
 to introduce two uses data center modular and data center warehouse two uses that were

3230
03:29:54,580 --> 03:30:01,240
 not contemplated back in 2019 and as of interest of recent months or recent years that is this

3231
03:30:01,240 --> 03:30:08,780
 uses something that the city is intending to have the proposed code amendment is in

3232
03:30:08,780 --> 03:30:14,740
 concert with working with the DME folks staff that staff members that is and also this item

3233
03:30:14,740 --> 03:30:19,680
 was presented and discussed thoroughly with the DC RC development code review committee

3234
03:30:19,680 --> 03:30:26,900
 on April or in April as well as in May of this year the code amendments will specifically

3235
03:30:26,900 --> 03:30:33,700
 amend table five to a of development code amend sub chapter five three six regarding

3236
03:30:33,700 --> 03:30:39,380
 you specific standards as well as parking requirements and also adding definitions for

3237
03:30:39,380 --> 03:30:45,580
 the two uses and amending the definition of electric substation I won't read the definition

3238
03:30:45,580 --> 03:30:50,620
 for modular data center you can see it is primarily modular structures as you can see

3239
03:30:50,620 --> 03:30:56,500
 some examples to the right shown here on the slide what staff is proposing is the data

3240
03:30:56,500 --> 03:31:02,900
 center modulars be proposed in the ally HI and PF zoning district with specific use permit

3241
03:31:02,900 --> 03:31:09,800
 requirements parking would be one space per employee at its largest shift these specific

3242
03:31:09,800 --> 03:31:14,860
 standards I'll highlight quickly any associate equipment and outdoor storage shall be opaquely

3243
03:31:14,860 --> 03:31:21,580
 screen of a public right away adjacent residential use and zoning district the outside storage

3244
03:31:21,580 --> 03:31:26,260
 and social electric equipment shall not be less than 100 feet from an adjacent residential

3245
03:31:26,260 --> 03:31:31,540
 zoning district measured from the property line and the number of elements with regards

3246
03:31:31,540 --> 03:31:40,020
 to table 7e landscape area points area point system is to rather than one environmental

3247
03:31:40,020 --> 03:31:45,100
 noise assessment as well as a vibration assessment will be required as part of the application

3248
03:31:45,100 --> 03:31:54,220
 for a data center both modular and for warehouse the noise maximum for these types of uses

3249
03:31:54,220 --> 03:32:00,700
 will be at 60 DBA maximum and again if there are any on site electric substation they will

3250
03:32:00,700 --> 03:32:06,100
 be required to comply with the development code the data center warehouse that you see

3251
03:32:06,100 --> 03:32:11,540
 here again is defined as a building or buildings and standard intended that is for the same

3252
03:32:11,540 --> 03:32:17,660
 type of use in terms of storage of specialized computer systems hardware and so forth the

3253
03:32:17,660 --> 03:32:25,140
 data center warehouse is proposed to be located in the G.O.L.I.H.I.P.F. by right with these

3254
03:32:25,140 --> 03:32:31,380
 specific standards in the M.R.S.C.N.H.C. they would require a specific use permit the

3255
03:32:31,380 --> 03:32:36,340
 data center warehouse parking requirement will be one space per 3,500 square feet gross

3256
03:32:36,340 --> 03:32:43,540
 floor area that is excuse me or a director determination based on a parking study some

3257
03:32:43,540 --> 03:32:48,740
 examples of a data center warehouse you can see examples from Fort Worth as well as in

3258
03:32:48,740 --> 03:32:57,620
 Plano the warehouse maximum square footage for the M.R.N.S.C. is a maximum of 55,000

3259
03:32:57,620 --> 03:33:02,420
 square feet building design standards will comply with the section of the development

3260
03:33:02,420 --> 03:33:08,340
 code again similar with the warehouse sorry the modular data center a pigly screen for

3261
03:33:08,340 --> 03:33:14,420
 any outdoor and associated equipment similar with the environmental noise I'm sorry yes

3262
03:33:14,420 --> 03:33:22,040
 environmental noise and vibration assessments will be required noise maximum be 60 DBA there

3263
03:33:22,040 --> 03:33:26,700
 will be a setback requirement for any associate outdoor and equipment as well as any on-site

3264
03:33:26,700 --> 03:33:31,220
 electric substation will be required to supply will be subject to comply with sub chapter

3265
03:33:31,220 --> 03:33:38,300
 7 of the D.D.C. and the last slide here is really to illustrate the amendment to the

3266
03:33:38,300 --> 03:33:44,740
 electric substation definition the definition was added here to provide more clarity as

3267
03:33:44,740 --> 03:33:51,980
 to where that transition would occur and the added 60 kilovolts has been added to the definition

3268
03:33:51,980 --> 03:34:00,460
 for that purpose with that staff is ready for any questions that you may have thank

3269
03:34:00,460 --> 03:34:08,740
 you ron questions for ron here Mr. Villarreal do you believe the passage of this development

3270
03:34:08,740 --> 03:34:15,540
 code amendment would increase decrease or keep the same the amount of data data centers

3271
03:34:15,540 --> 03:34:20,380
 coming into debt I think it would it would increase I know based on some of the discussions

3272
03:34:20,380 --> 03:34:26,020
 with the DME staff members there are a few already asking about coming into the city

3273
03:34:26,020 --> 03:34:31,140
 and this would allow that to happen gotcha thank you and I felt to mention that Terry

3274
03:34:31,140 --> 03:34:43,740
 Nolte is also here with DME if you have any questions for him yeah any other questions

3275
03:34:43,740 --> 03:34:52,180
 for ron at this time okay thanks ron well this is a public hearing I don't see anyone

3276
03:34:52,180 --> 03:34:59,980
 here in city or council chambers to speak so I will go ahead and close the public hearing

3277
03:34:59,980 --> 03:35:07,100
 and I will open the floor for discussion or a motion commissioner Pruitt thank you chair

3278
03:35:07,100 --> 03:35:12,740
 I'll move approval as presented by staff I think I'd just like to say a couple words

3279
03:35:12,740 --> 03:35:19,240
 of thanks to Terry Nolte and DME through this whole process the the DCRC really was is becoming

3280
03:35:19,240 --> 03:35:23,900
 known as a body who tries to dig into the details and I may be one of the people to

3281
03:35:23,900 --> 03:35:30,860
 blame to that that end but I think that in this case we came up with something that is

3282
03:35:30,860 --> 03:35:37,800
 really really good to be consistent and straightforward so that we can be responsible to our residents

3283
03:35:37,800 --> 03:35:46,620
 as well as you know clear to potential future development efforts okay all right we've got

3284
03:35:46,620 --> 03:35:51,660
 a first on the floor commissioner Cole second all right we've got a first and a second for

3285
03:35:51,660 --> 03:35:57,620
 approval discussion I'll just say a couple words like I said in work session yeah it

3286
03:35:57,620 --> 03:36:03,860
 was a great discussion I think we had at DCRC with development staff DME being there answering

3287
03:36:03,860 --> 03:36:09,460
 all of our questions which we had lots of this is a needed thing that we needed just

3288
03:36:09,460 --> 03:36:16,420
 in where we are in the world today so I think yeah I think it was a good collaborative effort

3289
03:36:16,420 --> 03:36:22,620
 yes Ron as well as we're talking about thank you folks I just I felt mentioned Karina Maldonado

3290
03:36:22,620 --> 03:36:26,860
 who did a lot of the work you know before I got involved so I didn't want to miss that

3291
03:36:26,860 --> 03:36:34,740
 opportunity to thank her as well agreed yes okay that being said let's go ahead and vote

3292
03:36:34,740 --> 03:36:41,740
 Commissioner Pruitt I Commissioner Cole I Commissioner McDade I Commissioner Villarreal

3293
03:36:41,740 --> 03:36:49,020
 I chair is also an I that motion carries a 5-0 that will take us to our planning and

3294
03:36:49,020 --> 03:36:56,100
 zoning Commission matrix and Tina I will give the floor to you if you are ready I was just

3295
03:36:56,100 --> 03:37:04,280
 realizing you know I'm trying to go electronic tonight given the packet right the we've really

3296
03:37:04,280 --> 03:37:07,340
 had no additions to the matrix coming out of the last planning and zoning Commission

3297
03:37:07,340 --> 03:37:11,460
 meeting so if anything what we will do is we will remove the drainage discussion item

3298
03:37:11,460 --> 03:37:18,420
 off of it since we check the box on that this evening and then also with respect to activity

3299
03:37:18,420 --> 03:37:22,660
 that has happened or projects being approved at City Council since the planning and zoning

3300
03:37:22,660 --> 03:37:27,860
 Commission last met in July thanks to Ron's effort I know just over there you are thanks

3301
03:37:27,860 --> 03:37:32,340
 to Ron's effort he shepherded through the subchapter two amendments under the DCRC worked

3302
03:37:32,340 --> 03:37:38,340
 on that as well but that those code amendments were approved by Council as recommended by

3303
03:37:38,340 --> 03:37:43,060
 the planning and zoning Commission and in DCRC so those amendments have now gone into

3304
03:37:43,060 --> 03:37:48,460
 effect and so we'll be making sure that those are incorporated and applied but other than

3305
03:37:48,460 --> 03:37:51,940
 that I have nothing else unless the Commission has anything else that they'd like to add

3306
03:37:51,940 --> 03:38:02,420
 to the matrix or any other item anything for the matrix no any concluding items okay thank

3307
03:38:02,420 --> 03:38:07,980
 you everybody it was a good long meeting thank you for your patience and your efforts and

3308
03:38:07,980 --> 03:38:11,940
 your thoughtful discussion I will adjourn us at 9.09 p.m. thanks