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

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 for Wednesday, August 24th, 2022.

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 With the quorum present, I will call our work session to order at 5.04 p.m.

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 First item on our agenda in the work session is citizen comment on consent agenda items.

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 Do I have anyone in the room wanting to speak on consent agenda items?

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

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 It is 2A.

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 We'll receive a report, hold a discussion regarding the city's history of annexations

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 on the state and local levels.

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 Hi, Ron.

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 Good afternoon, Madam Chair, members of the commission.

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 Let's see if I can pull up my presentation here.

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 Here we go.

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 They've got numbers in front of it.

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 That's what I was looking for.

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 All right.

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 Well, good evening or good afternoon again.

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 Ron Megiddo, principal planner with Development Services, here to present to you a boot camp

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 training for the Planning Zoning Commission regarding annexation.

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 Before we get started, just really why we're here today is really to continue this training

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 session for you all.

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 As you know, annexation is a part of the planning in the city, and we want to make sure that

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 you have all the information that you need in regards to annexation.

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 But also, a couple, you know, meetings ago there was a discussion or a case, a zoning

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 case on University related to a zoning case where it was along a strip of a piece of 380.

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 And we stated at that time that that was part of a strip annexation.

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 And one of the commissioners asked, you know, well, what is that and how does that play

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 into what has happened throughout the city's history?

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 So we'll cover that as part of this presentation as well.

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 So but before we get to annexation, I just really wanted to spend a little bit of time

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 on where that annexation occurs, right?

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 That occurs obviously outside the city limits in our ETJ, our Extraterritorial Jurisdiction.

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 Most of you know what that is, but just really quickly, for those that are not familiar with

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 it as much, the city has an ETJ, and this was established in a city's radius where it

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 extends from its city limit depends on its population.

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 So as you can see from the list over here, the lower the population, the less distance

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 it is for an ETJ to extend.

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 We are over 100,000.

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 That was back in 2005, I believe, when we went over 100,000 population in the city.

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 At that time, our ETJ boundary extended from 3.5 to 5-mile radius.

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 So currently that's the maximum.

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 So our city ETJ is, as you see here, extends pretty far, pretty far into the county, and

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 you can see that some of the city's surrounding then have been surpassed by our ETJ, Ponder,

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 Crum, Sanger to a certain extent, and then extends all the way throughout the surrounding

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 areas as well.

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 A little bit more on the ETJ, just again for informational purposes, there are two divisions

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 of the ETJ, Division 1 and 2, and that is established by the interlocal agreement between

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 the city and the county, which was established years ago, where it is in the ETJ 1, areas

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 within that area, the city has the ability to review platting, subdivision regulations,

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 and the like.

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 Outside of that, there really isn't any zoning regulations that the city can enforce.

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 We can also look at civil engineering plans as it relates to those platting and subdivision

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 applications.

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 So again, Division 1 is where we can do that.

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 Division 2 still remains a jurisdiction of the county, and they review any plats that

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 is proposed in that area that you see here in pink.

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 So this is a lot to take in.

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 I'm just going to try to cover this as much as I can in a very high-level overview, a

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 history of state annexation law.

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 Back in 1963 is when the state enacted the Municipal Annexation Act, covers Chapter 42

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 and 43 specifically.

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 Of the local government code, Chapter 42 deals with the ETJ specifically, which we discuss.

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 43 establishes the procedures for annexation.

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 In 1999, almost 40 years later, there was its first amendment, Senate Bill 89, provided

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 an amendment to the annexation laws, and actually provided more processes related, requiring

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 to be annexed, you need to have a different population density.

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 So there's basis of that in that state bill.

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 Not till 2007, we had another House Bill 1472 that introduced the ability for property owners

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 to request or obtain an annexation agreement or development agreement in lieu of annexation.

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 And I know that some of you know of this, we call it non-annexation agreements here

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 in the city, and there have been a number of them actually executed as part of what

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 the city initiated or started back in 2009.

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 So following 2007, roughly 2009, 2010, as the city started to annex areas, they, we,

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 the city had to offer these agreements to these property owners, and that was established

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 because of this House Bill.

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 Shortly after 2015, Senate Bill 6, it was the beginning of where the legislature was

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 looking at how to limit the ability for cities to do involuntary annexations.

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 What they required with Senate Bill 6 basically required landowners and voter approvals for

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 those annexations to occur.

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 Again, these are involuntary annexation, those annexations without the consent of the property

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 owner.

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 What they would require, obviously in this case with Senate Bill 6, is that approval

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 by those property owners.

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 In essence, basically limiting the ability of the city to annex property moving forward.

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 At that time, Tier 2, we, the city fell into that tier because we are part of a county

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 that had a population of 500,000 or more.

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 Now more recently, 2019 with House Bill 347, 347, essentially what that did, it eliminated

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 those tier, Tier 1 and Tier 2.

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 Still allowed for voluntary annexation, that would be a request by the landowner.

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 What it also did was even further limit the ability of cities by requiring 50% or more,

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 the majority of those property owners that are part of that annexation area that the

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 city wants to annex have to agree to that annexation by petition.

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 We would obtain petition and have them sign that petition.

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 If they agreed, again, more than 50%, then we would proceed.

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 If not, then the city was not able to proceed with annexation.

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 With populations, more than 200 population, an election has to be held and that again

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 required a majority of those voters to vote for that annexation.

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 Likelihood of that happening will be very difficult.

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 Any questions before I go into the next slide, which is actually the history of how the city

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 then grew.

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 Yes.

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 Just a clarification, when it says 50% or more of registered voters who own more than

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 50% of the land, does that mean that the result of the vote has to be a majority and all the

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 people who voted must own at least 50% of the land?

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 Yes, very specific.

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 Okay, so I'll touch on some of these house bills as we go through the next few slides

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 just to kind of help explain how the city grew and why it did so.

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 So 1945, this is the city, the city in the middle, of course, in green, primarily the

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 downtown and areas around the downtown, 1945.

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 1960, it grew a little bit more.

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 You see areas around UNT and TW, that area grew, the residential area as well, this is

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 the area where the universities were located.

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 Some of the major corridors are also expanded.

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 1970 is where we started to see strip annexation, right?

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 So you see them on I-35, the areas that you see along I-35, University, again I-35W, 377

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 and also I-35E.

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 So that's where we started to see the strip annexation and really what that purpose or

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 why cities did that was really to, one, have land use control of those areas.

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 But also, you know, establish development standards as an entry point for the city.

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 So you start to see having the ability to control some of that development but also

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 having some development standards in line with that as well.

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 But also, as I mentioned earlier, the expansion of the ETJ.

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 So in 1970, we probably weren't even at 100,000.

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 So whatever that population was, we were at a certain point of radius of the city in order

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 for our ETJ to be established.

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 If the city limit extends out, so does the ETJ.

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 As long as it doesn't encroach into another city or into another city's ETJ, that ETJ

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 can continue to grow.

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 So if you all know Fort Worth, Fort Worth grows pretty quickly and the reason why is

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 because they had nothing to hit against, right?

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 So as they continue to grow, so did their ETJ.

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 And as they grew, so does, again, their ETJ does.

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 1980, a little bit more area of strip annexation.

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 You see here now on the west side of University and then further east on University.

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 We also start to see it here on Sherman as well as Locus.

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 And generally, the city grew as well.

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 So as the strip annexation continues, so did the area of the city that you see here.

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 1990, we continue to fill in.

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 I think the major area that I saw here is that the airport or the industrial areas,

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 we start to see that area being brought into the city.

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 We see a lot of what's happening over here on the east side as well being brought into

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 the city between 1980 and 1990.

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 And then in 2000, you see the ropes and wrench property come in and parts of the area along

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 I-35W as well.

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 And in 2005, we start to see parts of the Hills of Denham, these master plan community

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 areas.

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 This right here, this major area here is part of what our attempt in as far as annexing

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 part of the Craver Ranch area to the northeast.

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 You see that, again, between 2005 and 2000, I'm sorry, between 2000 and 2005, you see

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 that that area has been annexed into the city.

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 I think also part of what was inspiration, now Hunter Ranch, was brought in.

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 And then in 2010, there was a major milestone as far as the city's annexation efforts.

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 Again, for those that were here, the city initiated some annexation, involuntary annexation,

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 that is.

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 And you see the map here to the right was the area, and I apologize, it's hard to see,

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 but you can see that the areas in pink were the potential annexation areas that the city

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 tried to annex.

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 And again, with that house bill back in 2007 that was passed, we were required to provide

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 the property owners the option for a non-annexation agreement.

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 Now in order to get a non-annexation agreement, you had to have a tax exemption on your property.

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 So not everybody got it, but those that did took advantage or took the agreement and currently

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 are not in the city of Denham as of today.

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 2015, with a continuation of the non-annexation review, those expired within five years, it

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 soon was extended.

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 So currently today, those non-annexation agreements that exist are due to expire in 40 years,

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 so 2040.

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 So back in 2020, the council extended those non-annexation agreements 20 years out.

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 But the area that we have here in 2015, as you can see, the city has grown tremendous

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 since 1945.

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 We have Senate Bill 6 that was passed in 2015, with that, a lot of the ability for the city

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 to annex was very limited as far as involuntary annexation.

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 Most of the annexations that occurred were voluntary annexations by property owners request.

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 2020, again, not many annexations other than voluntary annexations, again, with House Bill

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 347 in 2019, the elimination of those tiers ended making it more, not difficult, but more

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 challenging with the requirements of those 50% or more.

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 You see that the involuntary annexation basically did not occur in part of the city.

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 But we did get some annexation between 2015 and 2020.

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 Those residential developments that you see here circled are the creek side as well as

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 lake side properties that were, again, annexed between 2015 and 2020.

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 And then in 2022, our current city limits, those recently annexed properties are the

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 Birch Track, which was in 2020, and then the Harris Ranch property, which was in 2021.

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 So those are the areas that we saw filled in, in the last year or two.

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 Any questions on those slides?

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 Any comments or?

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 Okay.

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 So this is my last slide.

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 I'm not going to read through all of this.

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 This is really just, again, the high level overview.

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 As I mentioned earlier, the Texas Local Government Code establishes the annexation procedures.

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 It provides all the regulations as it relates to the use of the property after annexation,

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 the minimum width, the amount of property that can be annexed per year by city.

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 It also provides involuntary annexation provisions.

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 We talked about the different population, less than 200 and more than 200.

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 It also has de-annexation language, and that is covered under Chapter 43, sub-chapter G

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 of the Texas Local Government Code.

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 And then lastly, voluntary annexation, a very, you know, something that we see, you know,

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 are planning to see a lot more as the city continues to grow.

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 That's covered in Chapter 43.

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 There's some language in our city charter, but a lot of the procedures are in our Section

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 275 of the DDC, and the Planning Zoning Commission, as you all probably recall, part of our development

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 code update to sub-chapter two, basically outlined the annexation procedures.

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 So a lot of what you see here listed is what was covered in that development code update.

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 Last point I want to make is with a voluntary annexation.

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 Once a property is annexed, it comes in with no zoning, but has the RR to be reviewed against.

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 And those properties will need to come to the city to get zoned, and that is where you

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 all come in, right?

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 So you guys will be reviewing those zoning cases as these properties start to develop

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 and will need zoning.

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 So that's sort of what I have to cover.

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 I'll be happy to answer any questions.

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 >> What a great walkthrough history, Ron.

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 Thank you.

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 >> Thank you.

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 >> Commissioner Smith.

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 >> Thank you, Chair.

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 Ron, thank you.

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 Great presentation.

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 I think it'd also be good, just being as a boot camp item, can you talk about some of

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 the struggles that have kind of come up with development services since HB 347 that we've

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 run into?

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 Like I know specifically there was a project that was just north of CH Collins that we

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 couldn't annex, and they went through the interlocal agreement.

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 We approved some of the county, some of the things that we were supposed to approve through

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 the interlocal agreement, but we had no code development standards to hold them against

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 like traffic mitigation and those kinds of things.

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 So can you talk about some of the problems that happen whenever we have a property that

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 we are seeing that is on the edge of the city, in the ETJ, it's on city limits, that because

228
00:17:48,440 --> 00:17:51,320
 we can't do annexation, things that get lost within there?

229
00:17:51,320 --> 00:17:56,840
 >> Yeah, and if I go off posting, let me know, but I think that's very rare, right?

230
00:17:56,840 --> 00:18:00,760
 A lot of developments that come into the city, especially these large developments, they

231
00:18:00,760 --> 00:18:01,760
 want to be part of the city.

232
00:18:01,760 --> 00:18:05,680
 So a lot of times we'll see them as part of a voluntary annexation, but you're certainly

233
00:18:05,680 --> 00:18:06,680
 right.

234
00:18:06,680 --> 00:18:13,400
 Development knows that there's development requirements, they're in the ETJ and not necessarily

235
00:18:13,400 --> 00:18:19,720
 in the city, they certainly have certain privileges, but still, subdivision is what we can apply,

236
00:18:19,720 --> 00:18:24,440
 but when it comes to zoning regs, it's very difficult to do so, and we don't have the

237
00:18:24,440 --> 00:18:28,320
 authority to bring that city in, as you already know.

238
00:18:28,320 --> 00:18:29,320
 So those are the main challenges.

239
00:18:29,320 --> 00:18:34,520
 I don't know how specific you want to be getting to, but yeah, any zoning related items would

240
00:18:34,520 --> 00:18:37,760
 be difficult, but we still have the subdivision regulations that we can apply.

241
00:18:37,760 --> 00:18:38,760
 >> Sure.

242
00:18:38,760 --> 00:18:39,760
 Okay, thank you.

243
00:18:39,760 --> 00:18:40,760
 >> Anybody else?

244
00:18:40,760 --> 00:18:41,760
 Commissioner Cole.

245
00:18:41,760 --> 00:18:42,760
 >> There we go.

246
00:18:42,760 --> 00:18:43,760
 Thank you, Ron.

247
00:18:43,760 --> 00:18:44,760
 >> Yes, sir.

248
00:18:44,760 --> 00:18:45,760
 >> Thank you, Chair.

249
00:18:45,760 --> 00:18:46,760
 Great presentation.

250
00:18:46,760 --> 00:18:56,640
 I just had one question about ETJ1, ETJ2.

251
00:18:56,640 --> 00:19:03,800
 Our gas well ordinance, 500 foot setbacks, does ETJ1 or 2 have to follow that or do they

252
00:19:03,800 --> 00:19:07,320
 go to what, 200, 250?

253
00:19:07,320 --> 00:19:13,440
 >> There are certain requirements, and none applies in ETJ, division 1 or 2.

254
00:19:13,440 --> 00:19:14,720
 >> Fire code.

255
00:19:14,720 --> 00:19:16,240
 >> Fire code.

256
00:19:16,240 --> 00:19:20,680
 I just want to make sure the mic catches everything.

257
00:19:20,680 --> 00:19:24,680
 Sounds like an echo.

258
00:19:24,680 --> 00:19:26,680
 >> Anybody else?

259
00:19:26,680 --> 00:19:27,680
 Okay.

260
00:19:27,680 --> 00:19:28,680
 >> All righty.

261
00:19:28,680 --> 00:19:29,880
 >> Ron, thanks for your work and your presentation.

262
00:19:29,880 --> 00:19:30,880
 It was great.

263
00:19:30,880 --> 00:19:31,880
 >> Thank you.

264
00:19:31,880 --> 00:19:39,160
 Okay, next item of business is clarification of agenda items.

265
00:19:39,160 --> 00:19:43,480
 So first one will be our minutes for August 10th.

266
00:19:43,480 --> 00:19:49,800
 Any issues, discussions, anything to talk about there?

267
00:19:49,800 --> 00:19:51,640
 Okay.

268
00:19:51,640 --> 00:19:52,640
 Consent agenda.

269
00:19:52,640 --> 00:20:02,480
 We've got two plats on the consent agenda.

270
00:20:02,480 --> 00:20:05,520
 We'll move to items for individual consideration.

271
00:20:05,520 --> 00:20:11,000
 4A has been withdrawn, so we will not be taking action on that one.

272
00:20:11,000 --> 00:20:15,280
 4B has been withdrawn, I believe.

273
00:20:15,280 --> 00:20:19,640
 We won't be taking action there.

274
00:20:19,640 --> 00:20:27,760
 I know we had a late email come in on that one, so yeah, come on up, Angie, and you can

275
00:20:27,760 --> 00:20:28,760
 fill us in there.

276
00:20:28,760 --> 00:20:29,760
 Thank you.

277
00:20:29,760 --> 00:20:30,760
 >> Absolutely.

278
00:20:30,760 --> 00:20:31,760
 Good evening, Chair, members of the Commission.

279
00:20:31,760 --> 00:20:32,760
 Just a moment.

280
00:20:32,760 --> 00:20:55,720
 I need to update this slide, but prior to our meeting, this is a proposed preliminary

281
00:20:55,720 --> 00:20:58,400
 plat for Summerwell Denton Phase 2B.

282
00:20:58,400 --> 00:21:01,000
 It's also been called Elan Denton Phase 2B.

283
00:21:01,000 --> 00:21:07,400
 It is approximately 14-acre tract that is to be developed with multifamily.

284
00:21:07,400 --> 00:21:12,520
 The purpose of this preliminary plat is to establish the boundaries as well as associated

285
00:21:12,520 --> 00:21:14,440
 easements with this development.

286
00:21:14,440 --> 00:21:19,560
 The applicant did address all of staff's remaining comments, and this plat is forwarded to you

287
00:21:19,560 --> 00:21:25,520
 tonight for approval.

288
00:21:25,520 --> 00:21:31,160
 Any questions for Angie on this one?

289
00:21:31,160 --> 00:21:32,160
 Thank you.

290
00:21:32,160 --> 00:21:40,080
 You might as well stay up there because we'll call 4D and have you brief us there.

291
00:21:40,080 --> 00:21:45,200
 I believe 4D and E are related, correct?

292
00:21:45,200 --> 00:21:47,280
 >> Yes, these two are related.

293
00:21:47,280 --> 00:21:50,220
 This is Variance 22-0002.

294
00:21:50,220 --> 00:21:54,720
 It is a variance request for a proposed final plat for 4B Ranch.

295
00:21:54,720 --> 00:21:57,120
 A brief overview of this request.

296
00:21:57,120 --> 00:22:04,740
 This is a subdivision variance request from DDC Sections 8.3.2E1D, which is in relation

297
00:22:04,740 --> 00:22:13,520
 to the minimum width of the flagpole portion of a flagpole lot, and then also 8.3.1.E3,

298
00:22:13,520 --> 00:22:21,120
 which is in relation to the maximum length of the flagpole portion of a flag-shaped lot.

299
00:22:21,120 --> 00:22:28,280
 The applicant is proposing this development, plotting one 5-acre tract of land into three

300
00:22:28,280 --> 00:22:31,640
 lots for future single-family residential development.

301
00:22:31,640 --> 00:22:37,200
 It is located in our ETJ and is accessed off of FM 1830, and staff is forwarding this to

302
00:22:37,200 --> 00:22:40,160
 you this evening with the recommendation of approval.

303
00:22:40,160 --> 00:22:42,720
 Any questions on this one?

304
00:22:42,720 --> 00:22:45,080
 I'm happy to go into further detail.

305
00:22:45,080 --> 00:22:46,080
 >> Commissioner Smith.

306
00:22:46,080 --> 00:22:47,080
 >> Thank you, Chair.

307
00:22:47,080 --> 00:22:52,480
 Part of the DDC was primarily around emergency services, so emergency services has no issue

308
00:22:52,480 --> 00:22:55,440
 with the entrance and exit of that single-family residential area.

309
00:22:55,440 --> 00:22:59,800
 If it's going to be plotted out into three different sections, it doesn't bother them

310
00:22:59,800 --> 00:23:00,800
 whatsoever.

311
00:23:00,800 --> 00:23:01,800
 They're good.

312
00:23:01,800 --> 00:23:02,800
 They can do a turnaround there and get out.

313
00:23:02,800 --> 00:23:03,800
 >> Yes.

314
00:23:03,800 --> 00:23:06,960
 The applicant has provided an access easement as well as that private access easement.

315
00:23:06,960 --> 00:23:11,520
 As you get more into where the single-family homes will be accessed, this is serviced by

316
00:23:11,520 --> 00:23:15,520
 Denton County Fire, and they've confirmed they are able to serve this.

317
00:23:15,520 --> 00:23:19,160
 >> Cool, thank you.

318
00:23:19,160 --> 00:23:20,160
 >> Commissioner Villarreal.

319
00:23:20,160 --> 00:23:24,040
 >> Are we under the same ministerial restrictions when it comes to voting on a variance as we

320
00:23:24,040 --> 00:23:27,000
 are when it comes to voting on platting?

321
00:23:27,000 --> 00:23:28,000
 Just curious.

322
00:23:28,000 --> 00:23:29,000
 >> Yeah.

323
00:23:29,000 --> 00:23:30,000
 I'll let these ladies handle it.

324
00:23:30,000 --> 00:23:35,080
 I believe the answer is no, this is not a ministerial thing.

325
00:23:35,080 --> 00:23:36,080
 >> That is correct.

326
00:23:36,080 --> 00:23:38,320
 So it's not a ministerial function.

327
00:23:38,320 --> 00:23:44,320
 We do have criteria included within subchapter two now as it specifically relates to evaluating

328
00:23:44,320 --> 00:23:48,440
 these requests, so this is actually probably your first request in accordance with those

329
00:23:48,440 --> 00:23:49,840
 newly adopted criteria.

330
00:23:49,840 --> 00:23:50,840
 >> Right.

331
00:23:50,840 --> 00:23:51,840
 Gotcha.

332
00:23:51,840 --> 00:23:55,320
 Thank you.

333
00:23:55,320 --> 00:23:56,320
 >> Any other questions?

334
00:23:56,320 --> 00:24:20,380
 I'll have you skip over, I guess, to the next one on 4E then.

335
00:24:20,380 --> 00:24:21,380
 >> Sorry, I lost my spot.

336
00:24:21,380 --> 00:24:25,360
 And then this is the associated final plat for 4B.

337
00:24:25,360 --> 00:24:30,560
 This is a proposed final plat for three single-family residential lots in our ETJ.

338
00:24:30,560 --> 00:24:37,840
 The lot is accessed off of FM 1830, approximately 1,800 feet to the north of Briar Hill Lane.

339
00:24:37,840 --> 00:24:42,760
 Staff has a recommendation of approval of this final plat if the associated variance

340
00:24:42,760 --> 00:24:44,560
 request is approved.

341
00:24:44,560 --> 00:24:48,800
 If the associated variance request is not approved, staff recommends denial as this

342
00:24:48,800 --> 00:24:58,040
 does not meet the criteria for approval if the variance is denied.

343
00:24:58,040 --> 00:24:59,040
 >> That makes sense.

344
00:24:59,040 --> 00:25:00,040
 Any questions?

345
00:25:00,040 --> 00:25:01,040
 Waltina?

346
00:25:01,040 --> 00:25:05,720
 >> Just a follow-up response then.

347
00:25:05,720 --> 00:25:07,500
 This one is ministerial action.

348
00:25:07,500 --> 00:25:08,500
 Okay.

349
00:25:08,500 --> 00:25:09,500
 >> Okay.

350
00:25:09,500 --> 00:25:11,960
 Thank you very much, Angie.

351
00:25:11,960 --> 00:25:22,040
 Okay, we'll go ahead and call up 4F.

352
00:25:22,040 --> 00:25:24,040
 Hi, Ashley.

353
00:25:24,040 --> 00:25:27,040
 How are you?

354
00:25:27,040 --> 00:25:28,040
 >> Hello.

355
00:25:28,040 --> 00:25:29,040
 Good.

356
00:25:29,040 --> 00:25:31,040
 How are you?

357
00:25:31,040 --> 00:25:32,040
 >> Good.

358
00:25:32,040 --> 00:25:33,040
 >> Okay.

359
00:25:33,040 --> 00:25:39,320
 This item is a final plat for four single-family lots on approximately 4.23 acres.

360
00:25:39,320 --> 00:25:42,820
 At this time, staff is recommending denial, but we have no objection to the requested

361
00:25:42,820 --> 00:25:45,960
 extension until September 14th.

362
00:25:45,960 --> 00:25:47,800
 >> Okay.

363
00:25:47,800 --> 00:25:50,120
 Questions here for the extension request?

364
00:25:50,120 --> 00:25:51,120
 >> No.

365
00:25:51,120 --> 00:25:52,120
 >> Okay.

366
00:25:52,120 --> 00:25:53,120
 Thank you, ma'am.

367
00:25:53,120 --> 00:25:54,120
 >> Okay.

368
00:25:54,120 --> 00:25:55,120
 4G.

369
00:25:55,120 --> 00:26:05,960
 Here's Julie's item, which I believe is going to look very similar to what we just heard.

370
00:26:05,960 --> 00:26:06,960
 >> You are correct.

371
00:26:06,960 --> 00:26:07,960
 Yes.

372
00:26:07,960 --> 00:26:08,960
 Hi.

373
00:26:08,960 --> 00:26:09,960
 Thank you.

374
00:26:09,960 --> 00:26:12,960
 The request is for a final plat 2227.

375
00:26:12,960 --> 00:26:14,760
 The property is within the ETJ.

376
00:26:14,760 --> 00:26:17,080
 It's for a public facility use.

377
00:26:17,080 --> 00:26:21,120
 They do have some items they need to work through, and so staff is recommending denial.

378
00:26:21,120 --> 00:26:25,000
 However, we have no objection to their requested extension to September 14th.

379
00:26:25,000 --> 00:26:27,640
 I'll be happy to answer any questions.

380
00:26:27,640 --> 00:26:29,440
 >> Commissioner McDade.

381
00:26:29,440 --> 00:26:30,440
 >> Thank you, chair.

382
00:26:30,440 --> 00:26:36,560
 As I read this, I'm seeing -- I don't know if this is correct, but it says Harley Field,

383
00:26:36,560 --> 00:26:42,280
 and it has the south side of East Sycamore Street in the presentation.

384
00:26:42,280 --> 00:26:45,240
 And I have driven Sycamore Street, and I'm trying to find out where those three acres

385
00:26:45,240 --> 00:26:46,240
 are.

386
00:26:46,240 --> 00:26:47,240
 >> I am so sorry.

387
00:26:47,240 --> 00:26:48,240
 Yes.

388
00:26:48,240 --> 00:26:49,240
 It is -- it is Harley Field.

389
00:26:49,240 --> 00:26:50,240
 Yes.

390
00:26:50,240 --> 00:26:54,360
 It is on the north side of town, just north of Harley Field, west of FM428.

391
00:26:54,360 --> 00:26:55,360
 I apologize for that.

392
00:26:55,360 --> 00:26:56,360
 >> I'm good.

393
00:26:56,360 --> 00:26:57,360
 I'm good with that.

394
00:26:57,360 --> 00:26:58,360
 >> Okay.

395
00:26:58,360 --> 00:27:01,160
 >> Thank you.

396
00:27:01,160 --> 00:27:03,800
 Anything else for Julie on this one?

397
00:27:03,800 --> 00:27:05,520
 Okay.

398
00:27:05,520 --> 00:27:06,760
 Thank you, Julie.

399
00:27:06,760 --> 00:27:07,760
 Let's see.

400
00:27:07,760 --> 00:27:14,600
 4H has been withdrawn, so we will not be taking action there, taking us to 4I, which is Julie

401
00:27:14,600 --> 00:27:15,600
 again.

402
00:27:15,600 --> 00:27:16,600
 So.

403
00:27:16,600 --> 00:27:18,320
 >> All right.

404
00:27:18,320 --> 00:27:19,960
 Okay.

405
00:27:19,960 --> 00:27:22,400
 This is PP2221.

406
00:27:22,400 --> 00:27:27,320
 This is a preliminary plat for a proposed multifamily use.

407
00:27:27,320 --> 00:27:31,840
 They do have some items that they need to work through, so staff is recommending denial

408
00:27:31,840 --> 00:27:32,840
 of the request.

409
00:27:32,840 --> 00:27:37,320
 However, we have no objection to the requested extension to September 14th.

410
00:27:37,320 --> 00:27:39,840
 I'll be happy to answer any questions.

411
00:27:39,840 --> 00:27:41,000
 >> Thanks, Julie.

412
00:27:41,000 --> 00:27:42,000
 Questions on this one?

413
00:27:42,000 --> 00:27:43,000
 Okay.

414
00:27:43,000 --> 00:27:44,000
 >> Thank you.

415
00:27:44,000 --> 00:27:45,000
 >> Thank you.

416
00:27:45,000 --> 00:27:50,000
 4J is Ron's item.

417
00:27:50,000 --> 00:27:51,000
 >> Yes.

418
00:27:51,000 --> 00:28:02,800
 Chair, members of the commission, this is a final plat request for a single lot, just

419
00:28:02,800 --> 00:28:03,800
 south of Jim Crystal.

420
00:28:03,800 --> 00:28:10,440
 As you all probably remember from the last meeting, this was approval with a condition

421
00:28:10,440 --> 00:28:15,320
 that the alternative ESA plan be approved by city council at their next meeting, which

422
00:28:15,320 --> 00:28:17,320
 was August 16th.

423
00:28:17,320 --> 00:28:24,920
 The city council did approve that alternative ESA plan, 7-0, therefore staff is just bringing

424
00:28:24,920 --> 00:28:29,720
 this back for formal approval without a condition.

425
00:28:29,720 --> 00:28:32,440
 So that's what the purpose of this item is for.

426
00:28:32,440 --> 00:28:37,520
 So it's basically to move approval of the plat and eliminate the condition that we put

427
00:28:37,520 --> 00:28:38,520
 on it.

428
00:28:38,520 --> 00:28:39,520
 >> Right.

429
00:28:39,520 --> 00:28:42,800
 Amend the notes that was attached to the plat as well as remove the condition.

430
00:28:42,800 --> 00:28:43,800
 >> Right.

431
00:28:43,800 --> 00:28:44,800
 Okay.

432
00:28:44,800 --> 00:28:45,800
 Commissioner Pruitt.

433
00:28:45,800 --> 00:28:46,800
 >> Thank you, Chair.

434
00:28:46,800 --> 00:28:47,800
 Just help refresh my memory.

435
00:28:47,800 --> 00:28:53,020
 I think this may have happened with one other application a few months ago that required

436
00:28:53,020 --> 00:28:56,440
 us to come back for an additional meeting.

437
00:28:56,440 --> 00:28:57,440
 Am I remembering that correct?

438
00:28:57,440 --> 00:28:58,440
 Is that the same consideration?

439
00:28:58,440 --> 00:28:59,440
 >> Yeah.

440
00:28:59,440 --> 00:29:00,440
 I think it was an SUV, from what I remember.

441
00:29:00,440 --> 00:29:06,000
 >> But it was a conditional -- yeah, but it was a plat.

442
00:29:06,000 --> 00:29:07,000
 >> Multi-family request.

443
00:29:07,000 --> 00:29:08,000
 So yes.

444
00:29:08,000 --> 00:29:14,800
 So when we have plats that were approved with conditions and the condition we believe has

445
00:29:14,800 --> 00:29:20,080
 been satisfied, then we are putting them back on your agenda to acknowledge that the condition

446
00:29:20,080 --> 00:29:24,120
 has been satisfied, therefore removed so that you can take final action on approving the

447
00:29:24,120 --> 00:29:25,120
 plat.

448
00:29:25,120 --> 00:29:26,120
 >> Okay.

449
00:29:26,120 --> 00:29:29,680
 And just educate me.

450
00:29:29,680 --> 00:29:35,360
 For normal conditions, if there's not a financing deadline with the applicant, it could be handled

451
00:29:35,360 --> 00:29:37,840
 through the next regular scheduled meeting without issue?

452
00:29:37,840 --> 00:29:43,360
 >> Well, it's going to depend upon when the condition was satisfied and then when the

453
00:29:43,360 --> 00:29:46,880
 plat is resubmitted to us, and then we work with the applicant on trying to get it on

454
00:29:46,880 --> 00:29:49,240
 the next available agenda as quickly as we can.

455
00:29:49,240 --> 00:29:50,240
 >> Okay.

456
00:29:50,240 --> 00:29:53,000
 It's just amazing how many hoops we jump through.

457
00:29:53,000 --> 00:29:56,920
 >> Well, and part of this is a result of interpretation of state law.

458
00:29:56,920 --> 00:30:03,480
 So in each city, might handle it slightly different, but here in Denton, our interpretation

459
00:30:03,480 --> 00:30:09,560
 of the state statute is that in order to remove the condition, the body that approved it with

460
00:30:09,560 --> 00:30:12,200
 the condition needs to be the body that removed the condition.

461
00:30:12,200 --> 00:30:13,200
 >> Okay.

462
00:30:13,200 --> 00:30:16,200
 Thank you very much.

463
00:30:16,200 --> 00:30:18,080
 >> Well explained.

464
00:30:18,080 --> 00:30:19,080
 Thank you, Tina.

465
00:30:19,080 --> 00:30:20,080
 Okay.

466
00:30:20,080 --> 00:30:23,280
 Any other questions for Ron on this item?

467
00:30:23,280 --> 00:30:24,280
 Okay.

468
00:30:24,280 --> 00:30:25,280
 Okay.

469
00:30:25,280 --> 00:30:27,360
 Thank you, Ron.

470
00:30:27,360 --> 00:30:28,360
 Let's see.

471
00:30:28,360 --> 00:30:34,160
 I think that was it for our individual consideration items, moving us to public hearing items for

472
00:30:34,160 --> 00:30:35,160
 tonight.

473
00:30:35,160 --> 00:30:37,600
 5A has been withdrawn.

474
00:30:37,600 --> 00:30:40,360
 We will not be taking action on that.

475
00:30:40,360 --> 00:30:44,880
 So 5B, I'll go ahead and call Julie up for that, and we can get the overview of that

476
00:30:44,880 --> 00:30:46,640
 and answer any questions you might have.

477
00:30:46,640 --> 00:30:47,840
 >> Good evening.

478
00:30:47,840 --> 00:30:55,800
 Let me find my presentation.

479
00:30:55,800 --> 00:30:59,680
 All right.

480
00:30:59,680 --> 00:31:00,680
 Good evening.

481
00:31:00,680 --> 00:31:01,680
 Julie Wyatt, senior planner.

482
00:31:01,680 --> 00:31:04,720
 I'm just going to do just a quick overview of the project.

483
00:31:04,720 --> 00:31:08,320
 If you have any questions about it, I can certainly answer those, but we'll definitely

484
00:31:08,320 --> 00:31:11,420
 talk about it more fully at the regular session.

485
00:31:11,420 --> 00:31:15,800
 So this is PD221, the reserves at Magnolia.

486
00:31:15,800 --> 00:31:19,520
 The subject property is located -- it's outlined here in yellow.

487
00:31:19,520 --> 00:31:28,360
 It's located just south of I-35, kind of situated in the near east side of town, kind of south

488
00:31:28,360 --> 00:31:30,320
 of downtown.

489
00:31:30,320 --> 00:31:35,920
 The request before you tonight is a planned development with a base zoning of R7 district

490
00:31:35,920 --> 00:31:40,800
 in order to facilitate a multifamily project with 60 dwelling units.

491
00:31:40,800 --> 00:31:46,120
 Staff has analyzed the project, and we looked at it in terms of the Denton 2040 comprehensive

492
00:31:46,120 --> 00:31:47,120
 plan.

493
00:31:47,120 --> 00:31:48,120
 It is consistent with those goals.

494
00:31:48,120 --> 00:31:51,400
 The future land use map is neighborhood mixed use.

495
00:31:51,400 --> 00:31:55,240
 It satisfies our infill goals, our housing goals, and our urban design.

496
00:31:55,240 --> 00:32:00,320
 But as we were analyzing it, we did look at other parts of the comprehensive plan.

497
00:32:00,320 --> 00:32:08,560
 It had some really robust conversations with staff talking about how this area should redevelop

498
00:32:08,560 --> 00:32:13,480
 and how the surrounding property should fit into the development of this area.

499
00:32:13,480 --> 00:32:19,960
 There is going to be a text-dot expansion, which will take the frontage of the adjacent

500
00:32:19,960 --> 00:32:23,680
 commercial properties and could leave remainder properties.

501
00:32:23,680 --> 00:32:28,160
 And so we talked to the applicant about how this project and this property could fit into

502
00:32:28,160 --> 00:32:31,600
 an overall planning of this area.

503
00:32:31,600 --> 00:32:35,280
 And we're going to talk about that more fully in the regular session, but did want to just

504
00:32:35,280 --> 00:32:37,640
 drop that in our conversation.

505
00:32:37,640 --> 00:32:41,960
 But ultimately, we determined that because it met the criteria for approval in the comprehensive

506
00:32:41,960 --> 00:32:45,560
 plan, we are recommending approval tonight of the request, and I'll be happy to answer

507
00:32:45,560 --> 00:32:46,560
 any questions.

508
00:32:46,560 --> 00:32:47,560
 Questions for Julie?

509
00:32:47,560 --> 00:32:48,560
 All right.

510
00:32:48,560 --> 00:32:49,560
 Thank you.

511
00:32:49,560 --> 00:32:50,560
 Thank you.

512
00:32:50,560 --> 00:33:05,800
 Okay, we'll call item 5C and invite Sean up to give us an overview of this public hearing

513
00:33:05,800 --> 00:33:06,800
 item.

514
00:33:06,800 --> 00:33:08,760
 Good evening, Chair, members of the commission.

515
00:33:08,760 --> 00:33:12,200
 I'm just going to get the presentation opened here.

516
00:33:12,200 --> 00:33:16,960
 Make sure I open the right one.

517
00:33:16,960 --> 00:33:17,960
 Apologies.

518
00:33:17,960 --> 00:33:20,040
 Here we are.

519
00:33:20,040 --> 00:33:21,040
 Okay.

520
00:33:21,040 --> 00:33:29,520
 So Sean Jacobson, Associate Planner, here to present S210005 Teasley Lane Multifamily.

521
00:33:29,520 --> 00:33:34,640
 This is a project located off Teasley Lane, north of the intersection of Teasley Lane

522
00:33:34,640 --> 00:33:35,920
 and Hickory Creek Road.

523
00:33:35,920 --> 00:33:42,200
 This is a request for a specific use permit for 95 dwelling unit multifamily.

524
00:33:42,200 --> 00:33:47,960
 This is proposed within the SC, suburban corridor zoning district, which does permit multifamily,

525
00:33:47,960 --> 00:33:53,400
 but requires a specific use permit, and therefore the question before you is whether this satisfies

526
00:33:53,400 --> 00:33:56,760
 our approval criteria for a specific use permit.

527
00:33:56,760 --> 00:34:01,960
 Staff has analyzed it against those criteria and against our 2040 comprehensive plan and

528
00:34:01,960 --> 00:34:06,320
 determined that it does meet those criteria, does align with our comprehensive plan, not

529
00:34:06,320 --> 00:34:11,720
 only with the community mixed use, land use designation for that property, but it also

530
00:34:11,720 --> 00:34:16,440
 helps to accomplish some of our other 2040 comprehensive plan goals in terms of creating

531
00:34:16,440 --> 00:34:20,220
 greater mobility and accessibility within this area.

532
00:34:20,220 --> 00:34:24,660
 So certainly go into more detail in the main session, but happy to answer any questions

533
00:34:24,660 --> 00:34:30,000
 you have now.

534
00:34:30,000 --> 00:34:32,120
 Questions for Sean?

535
00:34:32,120 --> 00:34:34,760
 What is the height of this building?

536
00:34:34,760 --> 00:34:36,760
 I don't recall.

537
00:34:36,760 --> 00:34:39,800
 I know four stories is what's being proposed.

538
00:34:39,800 --> 00:34:46,640
 Yes, so the height of this building is measured based on the average, because it is actually

539
00:34:46,640 --> 00:34:54,320
 built on a slope, and the height of that comes in at or below the permitted height within

540
00:34:54,320 --> 00:34:58,560
 the SC zoning district, and I'm just going to check and confirm that exact height for

541
00:34:58,560 --> 00:35:00,360
 you, and I'll have that answer for you.

542
00:35:00,360 --> 00:35:02,160
 Okay, that's fine.

543
00:35:02,160 --> 00:35:06,960
 Secondly, talking about buffering, as I was reading through the backup material, we've

544
00:35:06,960 --> 00:35:11,320
 got some constraints on being able to buffer this property, correct?

545
00:35:11,320 --> 00:35:12,320
 Yes, ma'am.

546
00:35:12,320 --> 00:35:13,600
 Can you give an overview of that, please?

547
00:35:13,600 --> 00:35:14,600
 Absolutely.

548
00:35:14,600 --> 00:35:15,600
 Happy to elaborate on that.

549
00:35:15,600 --> 00:35:16,600
 Thank you.

550
00:35:16,600 --> 00:35:17,600
 Yes.

551
00:35:17,600 --> 00:35:23,680
 So, and I'm actually, just to help with that, on this slide here, you'll see in the northeast

552
00:35:23,680 --> 00:35:28,700
 and northwest corners of this property, there is both significant floodplain, which we discussed

553
00:35:28,700 --> 00:35:30,720
 last week, as well as a drainage area.

554
00:35:30,720 --> 00:35:33,640
 So all of that is within drainage and detention easements.

555
00:35:33,640 --> 00:35:40,840
 That does not permit new fencing, and it does limit what landscaping can be proposed.

556
00:35:40,840 --> 00:35:48,240
 And so, as we'll discuss further, the applicant did propose trees where possible in that area,

557
00:35:48,240 --> 00:35:52,680
 but it does limit what can be provided in those areas in terms of buffering.

558
00:35:52,680 --> 00:35:58,920
 Technically, our code actually does not require buffers where easements are present, but the

559
00:35:58,920 --> 00:36:02,160
 applicant has sought to provide them to the extent possible.

560
00:36:02,160 --> 00:36:07,200
 And on that note, that reminds me, there was an updated landscaping plan sent out recently,

561
00:36:07,200 --> 00:36:08,200
 right?

562
00:36:08,200 --> 00:36:09,200
 Didn't we get that maybe today?

563
00:36:09,200 --> 00:36:10,200
 That is correct.

564
00:36:10,200 --> 00:36:11,200
 Yes.

565
00:36:11,200 --> 00:36:12,200
 Okay.

566
00:36:12,200 --> 00:36:13,200
 Yes.

567
00:36:13,200 --> 00:36:14,200
 You'll have that as part of your presentation tonight.

568
00:36:14,200 --> 00:36:15,200
 Yes, ma'am.

569
00:36:15,200 --> 00:36:16,200
 The new items?

570
00:36:16,200 --> 00:36:17,200
 Okay.

571
00:36:17,200 --> 00:36:29,200
 I think that's all of my immediate questions.

572
00:36:29,200 --> 00:36:31,600
 One more.

573
00:36:31,600 --> 00:36:39,440
 So access is challenging to me as what it looks like.

574
00:36:39,440 --> 00:36:43,040
 So there's an easement, from what I understand, on the east side, is that correct?

575
00:36:43,040 --> 00:36:45,680
 That is coming off of Teasley?

576
00:36:45,680 --> 00:36:51,100
 So this site is actually designed to have multiple cross-access easements, which actually

577
00:36:51,100 --> 00:36:58,240
 gives it three points of access to Teasley Lane across the surrounding commercial areas,

578
00:36:58,240 --> 00:37:02,600
 and also allows residents here to access most of the surrounding commercial areas without

579
00:37:02,600 --> 00:37:04,720
 having to use Teasley Lane.

580
00:37:04,720 --> 00:37:11,020
 Well, if you're coming off of Teasley, though, that's how you would access this property.

581
00:37:11,020 --> 00:37:16,680
 Let's say you're traveling from downtown and up Teasley and towards this property.

582
00:37:16,680 --> 00:37:17,680
 Yes.

583
00:37:17,680 --> 00:37:23,760
 So you'll have an access on the immediate side, I guess, in looking at this property.

584
00:37:23,760 --> 00:37:26,240
 It would be the east side of this property, right?

585
00:37:26,240 --> 00:37:27,240
 Yes.

586
00:37:27,240 --> 00:37:28,240
 Okay.

587
00:37:28,240 --> 00:37:35,080
 And this is, just so I understand, there's something being built there now, right?

588
00:37:35,080 --> 00:37:38,440
 A car wash or something, Tommy, something or other, right?

589
00:37:38,440 --> 00:37:41,120
 And this is the lot directly behind that, correct?

590
00:37:41,120 --> 00:37:42,120
 Yes, ma'am.

591
00:37:42,120 --> 00:37:43,120
 Okay.

592
00:37:43,120 --> 00:37:44,120
 Yes.

593
00:37:44,120 --> 00:37:45,120
 So you're using that same driveway?

594
00:37:45,120 --> 00:37:46,120
 Yes.

595
00:37:46,120 --> 00:37:47,120
 Yes.

596
00:37:47,120 --> 00:37:52,320
 There is a shared driveway that is actually used by the car wash and by the Einstein's

597
00:37:52,320 --> 00:37:53,760
 bagel and that.

598
00:37:53,760 --> 00:37:59,120
 So sorry, if you can see here, there is an initial driveway that opens onto an access

599
00:37:59,120 --> 00:38:00,920
 easement.

600
00:38:00,920 --> 00:38:03,920
 So if you can see here.

601
00:38:03,920 --> 00:38:08,600
 So initially you would enter here and then this is an access easement that serves the

602
00:38:08,600 --> 00:38:12,440
 car wash, the Einstein's bagel, and the medical clinic down here.

603
00:38:12,440 --> 00:38:15,720
 So this and that actually connects also up to the pharmacy here.

604
00:38:15,720 --> 00:38:16,720
 Okay.

605
00:38:16,720 --> 00:38:25,960
 And then the only way to get to Hickory Creek is through the commercial lot?

606
00:38:25,960 --> 00:38:29,360
 Either through the commercial lot or if you go out onto Teasley.

607
00:38:29,360 --> 00:38:30,360
 But if you didn't want that product.

608
00:38:30,360 --> 00:38:33,080
 Right, turn right onto Teasley and then go to Hickory Creek from there.

609
00:38:33,080 --> 00:38:34,080
 Okay.

610
00:38:34,080 --> 00:38:36,480
 You could also access Hickory Creek by going through the commercial lot.

611
00:38:36,480 --> 00:38:37,480
 Right.

612
00:38:37,480 --> 00:38:39,160
 Go through sprouts and all of that.

613
00:38:39,160 --> 00:38:40,160
 Okay.

614
00:38:40,160 --> 00:38:41,160
 Okay.

615
00:38:41,160 --> 00:38:42,160
 Okay.

616
00:38:42,160 --> 00:38:45,400
 Yeah, just give me that high question in the regular meeting and I'm good.

617
00:38:45,400 --> 00:38:46,400
 Commissioner Smith.

618
00:38:46,400 --> 00:38:47,400
 Thank you, Chair.

619
00:38:47,400 --> 00:38:53,360
 Chair, I'll spread a point that I was thinking about in preparation for today.

620
00:38:53,360 --> 00:38:58,880
 What is our, I don't know if it's a pre-tim question or what it is, but when it comes

621
00:38:58,880 --> 00:39:05,720
 into letting a multi-family development empty out into a commercial lot, what do we do on

622
00:39:05,720 --> 00:39:09,840
 traffic, not necessarily on mitigation, but we do a traffic analysis of how many people

623
00:39:09,840 --> 00:39:12,940
 are going to be cutting through the parking lot there in front of sprouts to get down

624
00:39:12,940 --> 00:39:15,320
 to Hickory Creek and go through there.

625
00:39:15,320 --> 00:39:20,080
 Isn't there a piece of that that has to go into public safety of using a commercial lot

626
00:39:20,080 --> 00:39:24,440
 that is going to have foot traffic going through there?

627
00:39:24,440 --> 00:39:29,420
 Isn't that a consideration whenever we're talking about having basically a right of

628
00:39:29,420 --> 00:39:32,040
 way or a thoroughfare through a commercial lot for that purpose?

629
00:39:32,040 --> 00:39:33,040
 Does that make sense?

630
00:39:33,040 --> 00:39:35,240
 Yeah, I believe I understand that.

631
00:39:35,240 --> 00:39:39,840
 What is the safety analysis done to say this makes sense that they should even be connected

632
00:39:39,840 --> 00:39:41,960
 in the first place?

633
00:39:41,960 --> 00:39:47,960
 So one of the things within our code is that we actually encourage cross-connectivity in

634
00:39:47,960 --> 00:39:52,000
 part to break up the number of vehicles using any one route.

635
00:39:52,000 --> 00:39:53,000
 Sure.

636
00:39:53,000 --> 00:39:54,600
 That is certainly something we encourage.

637
00:39:54,600 --> 00:40:00,000
 And then in terms of actually passing through a site, as with anything, sites are expected

638
00:40:00,000 --> 00:40:03,640
 to be designed when they come in for safety of vehicles passing through.

639
00:40:03,640 --> 00:40:10,640
 So we don't necessarily have a specific analysis for vehicles passing from one site to another.

640
00:40:10,640 --> 00:40:14,800
 The expectation is as we're approving the design of each site that that site is designed

641
00:40:14,800 --> 00:40:16,800
 to handle safety passing through.

642
00:40:16,800 --> 00:40:20,960
 So when Sprouts was designed, these access easements were actually in place and put in

643
00:40:20,960 --> 00:40:22,520
 place at that time.

644
00:40:22,520 --> 00:40:27,300
 So there was always the expectation that there would be vehicles coming from those access

645
00:40:27,300 --> 00:40:30,100
 easements and down into this lot.

646
00:40:30,100 --> 00:40:33,200
 Can you think of any other location in this?

647
00:40:33,200 --> 00:40:34,200
 I can't.

648
00:40:34,200 --> 00:40:40,200
 Top of my head, Sean, that is a multifamily property that adjoins to a commercial use

649
00:40:40,200 --> 00:40:47,520
 parking lot that allows that access to, I'm guessing, I think, Hickory Creek is a primary

650
00:40:47,520 --> 00:40:48,520
 arterial, correct?

651
00:40:48,520 --> 00:40:49,520
 Yes, sir.

652
00:40:49,520 --> 00:40:54,560
 So I just don't, I can't think of anything that has that specific instance to be able

653
00:40:54,560 --> 00:40:59,940
 to, I don't know, justify or qualify in my head of, is that a safe area?

654
00:40:59,940 --> 00:41:03,080
 Is there something that's existing now that I could say, well, it does it there now and

655
00:41:03,080 --> 00:41:07,800
 it's safe, therefore it gives me some more comfort within saying that that's okay.

656
00:41:07,800 --> 00:41:11,680
 I can't say that I have a specific example of that off the top of my head right at this

657
00:41:11,680 --> 00:41:15,520
 moment, but I'll be happy to have a response for you at Public Hearing.

658
00:41:15,520 --> 00:41:18,400
 Yeah, and I totally understand that easement was there already and that makes sense.

659
00:41:18,400 --> 00:41:19,880
 There's some thought given to it.

660
00:41:19,880 --> 00:41:25,200
 I recognize, I understand, I drove the lot, but it just seems a little bit somewhat reckless

661
00:41:25,200 --> 00:41:28,680
 for that to be there without having some other context maybe, so thanks.

662
00:41:28,680 --> 00:41:29,680
 Absolutely.

663
00:41:29,680 --> 00:41:33,680
 I was gonna say, Commissioner Smith, if I could add to Sean's response and correct me

664
00:41:33,680 --> 00:41:37,560
 if I'm wrong, but I believe Razor Ranch comes to mind, but I know that there's some streets

665
00:41:37,560 --> 00:41:43,280
 in that area, but I know where we have multifamily that is integrated with the commercial development.

666
00:41:43,280 --> 00:41:49,040
 On a site like this, the access has been master planned with how the drives have been laid

667
00:41:49,040 --> 00:41:56,400
 out with sites that are this deep where you have this kind of configuration and with our

668
00:41:56,400 --> 00:42:01,960
 conference of plan goals for the community mixed use within this area.

669
00:42:01,960 --> 00:42:06,800
 This is actually a well laid out site to be able to accommodate the smaller multifamily

670
00:42:06,800 --> 00:42:11,040
 development project with the commercial development that is there, so that's why when we reviewed

671
00:42:11,040 --> 00:42:14,480
 this as well as taking into consideration the TIA, and I believe the TIA did address

672
00:42:14,480 --> 00:42:19,040
 the commercial access points and it looked at the multifamily plus the commercial sites

673
00:42:19,040 --> 00:42:25,720
 along the front edge to evaluate the access as a whole and was supportive of this type

674
00:42:25,720 --> 00:42:30,800
 of development, so hence why we believe it's appropriate and it's consistent with our conference

675
00:42:30,800 --> 00:42:33,320
 of plan and meets our other design standards.

676
00:42:33,320 --> 00:42:35,400
 Okay, thank you.

677
00:42:35,400 --> 00:42:38,600
 My only point, Razor was the only thing I could think of in my head that was close to

678
00:42:38,600 --> 00:42:44,640
 it, but Razor does have what aren't technically roads, but feel like, look like, have curbs,

679
00:42:44,640 --> 00:42:50,240
 stubbed out roads that you wouldn't see people just walking back and forth willy nilly with

680
00:42:50,240 --> 00:42:55,800
 not really much concern of their own public safety, whereas something like parking at

681
00:42:55,800 --> 00:43:03,320
 Sprouts and walking into Sprouts and those areas having now access to a multifamily area

682
00:43:03,320 --> 00:43:06,760
 feels different than Razor Ranch, and that's why I was trying to see if there was something

683
00:43:06,760 --> 00:43:10,840
 like that, if we can look into it and bring it up that'd be great, if not, I totally understand

684
00:43:10,840 --> 00:43:15,200
 there's been a TIA that's been done, I think it still might be slightly reckless, but we'll

685
00:43:15,200 --> 00:43:16,200
 talk about it.

686
00:43:16,200 --> 00:43:17,200
 Thanks.

687
00:43:17,200 --> 00:43:20,720
 Yeah, I think, yeah, if you could add maybe that to your presentation or something, because

688
00:43:20,720 --> 00:43:27,840
 to me it's a little bit odd that we're gonna encourage access to Hickory Creek for a multifamily.

689
00:43:27,840 --> 00:43:34,760
 I understand a master plan for commercial uses and whatnot and all this shared, but

690
00:43:34,760 --> 00:43:43,800
 adding, I mean, it's what, 100 units, roughly, I think, 95 units, that's a lot of people

691
00:43:43,800 --> 00:43:47,000
 going through a parking lot that has a lot going on in it.

692
00:43:47,000 --> 00:43:52,240
 We've got drive-thrus, we've got, yeah, with fast food and Starbucks and a busy grocery

693
00:43:52,240 --> 00:43:57,640
 store and a dentist's office and all of that, it seems a little bit irresponsible of us,

694
00:43:57,640 --> 00:44:02,080
 the way that's laid out, to encourage access to Hickory Creek without using Teasley Lane

695
00:44:02,080 --> 00:44:06,480
 as we've put on here, so definitely have some concerns there.

696
00:44:06,480 --> 00:44:08,480
 Commissioner Pruitt, did I see your hand up?

697
00:44:08,480 --> 00:44:15,120
 Yeah, just real briefly, if you're looking for similar properties, I think on the west

698
00:44:15,120 --> 00:44:24,600
 side of 377, north of 35E, there's a similar thing where, that coffee shop that opened

699
00:44:24,600 --> 00:44:28,360
 a couple years ago and behind that there's some multifamily, so that may be worth looking

700
00:44:28,360 --> 00:44:29,360
 into.

701
00:44:29,360 --> 00:44:30,360
 Thank you.

702
00:44:30,360 --> 00:44:32,360
 Commissioner Anderson?

703
00:44:32,360 --> 00:44:34,800
 Thank you, Chair.

704
00:44:34,800 --> 00:44:37,160
 Hey, Sean, thank you.

705
00:44:37,160 --> 00:44:41,960
 If you're looking at the map of the property, it looks about like 9, 930 on the map, it

706
00:44:41,960 --> 00:44:47,320
 looks like there's a gas well, is that gas well been capped, is it an active gas well,

707
00:44:47,320 --> 00:44:51,080
 if so, is it within the 500, outside of the 500-foot boundary?

708
00:44:51,080 --> 00:44:55,400
 That gas well is beyond the 500-foot boundary from this site and that was one of the first

709
00:44:55,400 --> 00:44:56,400
 things we checked and confirmed.

710
00:44:56,400 --> 00:44:57,400
 Okay, thank you.

711
00:44:57,400 --> 00:44:59,600
 And it is active, from what I understand, correct?

712
00:44:59,600 --> 00:45:03,680
 Yes, that is my understanding.

713
00:45:03,680 --> 00:45:06,840
 Yeah.

714
00:45:06,840 --> 00:45:10,680
 Any other questions for Sean on this item?

715
00:45:10,680 --> 00:45:14,840
 We've given you a little bit of homework, so thanks.

716
00:45:14,840 --> 00:45:23,920
 Okay, we will, I'll call 5D now, Z220006 and ask Ron to come up and give us the briefing

717
00:45:23,920 --> 00:45:24,920
 on that.

718
00:45:24,920 --> 00:45:25,920
 We can answer some questions.

719
00:45:25,920 --> 00:45:26,920
 Do we have any?

720
00:45:26,920 --> 00:45:27,920
 Thank you, Chair.

721
00:45:27,920 --> 00:45:38,440
 Members of the Commission, this is a zoning change request for a property located at the

722
00:45:38,440 --> 00:45:44,360
 northeast corner of US 380 and Thomas Egan Road.

723
00:45:44,360 --> 00:45:50,960
 The request is to rezone the property from R2, Residential 2, to Light Industrial Zoning

724
00:45:50,960 --> 00:45:56,440
 District, and again, the property is here outlined in yellow on the northeast corner

725
00:45:56,440 --> 00:45:59,380
 of Thomas Egan and University.

726
00:45:59,380 --> 00:46:04,280
 It's approximately 9.56 acres, currently undeveloped.

727
00:46:04,280 --> 00:46:09,840
 The applicant is proposing to develop it as an industrial use, specifically an industrial

728
00:46:09,840 --> 00:46:13,360
 use building with an industrial use building.

729
00:46:13,360 --> 00:46:19,600
 Just to note, the property also owns two of the tracks north of this subject property.

730
00:46:19,600 --> 00:46:24,520
 The future land use designation of the property is Light Industrial, and the area that's circled

731
00:46:24,520 --> 00:46:30,080
 in red is the area that we're referring to, or where the project is located.

732
00:46:30,080 --> 00:46:36,440
 For Light Industrial, the description is primarily for light industrial activity that has adequate

733
00:46:36,440 --> 00:46:41,560
 access and provides easy transition for the area.

734
00:46:41,560 --> 00:46:48,360
 So again, with that being said, the proposed zoning change request to LI does meet the

735
00:46:48,360 --> 00:46:52,640
 development code criteria for approval, as it is consistent with the future land use

736
00:46:52,640 --> 00:46:56,440
 map and the goals and policies of the comprehensive plan.

737
00:46:56,440 --> 00:47:01,640
 It's consistent with the LI purpose statement zoning district.

738
00:47:01,640 --> 00:47:06,800
 It's not expected to create or generate significant adverse environmental infrastructure or physical

739
00:47:06,800 --> 00:47:13,440
 impacts, and at the time of development, infrastructure and utility will have the ability to serve

740
00:47:13,440 --> 00:47:17,440
 that area in its capacity.

741
00:47:17,440 --> 00:47:20,620
 Notifications were sent out for the zoning change request.

742
00:47:20,620 --> 00:47:27,040
 As of this afternoon, there has not been any responses received in writing.

743
00:47:27,040 --> 00:47:30,600
 With that, staff recommends approval, and I'll stand for any questions.

744
00:47:30,600 --> 00:47:39,120
 Ron, with the applicant's concept plan that was provided in our backup, that looks like

745
00:47:39,120 --> 00:47:42,040
 it's taking into consideration the other two lots?

746
00:47:42,040 --> 00:47:43,040
 That's correct.

747
00:47:43,040 --> 00:47:44,040
 To the north?

748
00:47:44,040 --> 00:47:48,200
 They're wanting to zone this property first, and then following the zoning of this property,

749
00:47:48,200 --> 00:47:51,200
 zoning that property into the city.

750
00:47:51,200 --> 00:47:56,840
 Those two lots are currently outside the city in the ETJ?

751
00:47:56,840 --> 00:47:57,840
 Correct.

752
00:47:57,840 --> 00:47:58,840
 Okay.

753
00:47:58,840 --> 00:47:59,840
 Commissioner Smith.

754
00:47:59,840 --> 00:48:00,840
 Yeah, thank you, Chair.

755
00:48:00,840 --> 00:48:01,840
 That was a good question.

756
00:48:01,840 --> 00:48:04,560
 I saw that the property north of it in the concept plan weren't probably north of it

757
00:48:04,560 --> 00:48:08,320
 in the ETJ, so we don't really get to see it within this scenario.

758
00:48:08,320 --> 00:48:14,240
 In the conversation in the sense of ETJ and city limit property, on the interlocal agreement,

759
00:48:14,240 --> 00:48:21,280
 what is the stipulations that kick off to do an environmental study because of that

760
00:48:21,280 --> 00:48:26,800
 riparian buffer that's on the east side of that property there?

761
00:48:26,800 --> 00:48:31,920
 Is ETJ developed land and possibly the need for retention ponds and runoff and that kind

762
00:48:31,920 --> 00:48:35,540
 of stuff come into that when it's ETJ developed?

763
00:48:35,540 --> 00:48:38,400
 As it relates to the subdivision regulations, there will be some.

764
00:48:38,400 --> 00:48:46,120
 I can tell you that the applicant will be here tonight to answer any questions.

765
00:48:46,120 --> 00:48:49,760
 My understanding is their intent is to bring that into the city, so it will be reviewed

766
00:48:49,760 --> 00:48:52,120
 under the development code.

767
00:48:52,120 --> 00:48:56,640
 Okay, so if this zoning was approved tonight, then they're going to bring those other two

768
00:48:56,640 --> 00:49:01,120
 properties that are in the ETJ now as voluntary annexation, and then it'll go through platting,

769
00:49:01,120 --> 00:49:04,000
 which would then have the environmental analysis done at that point in time.

770
00:49:04,000 --> 00:49:05,000
 Correct.

771
00:49:05,000 --> 00:49:06,000
 Okay.

772
00:49:06,000 --> 00:49:07,000
 All right, great.

773
00:49:07,000 --> 00:49:08,000
 Thank you.

774
00:49:08,000 --> 00:49:12,320
 Any other thought that I had?

775
00:49:12,320 --> 00:49:17,200
 Can they develop without bringing those two into the city?

776
00:49:17,200 --> 00:49:18,200
 They certainly can.

777
00:49:18,200 --> 00:49:23,840
 However, with what they're proposing as a single building, having it cross city lines,

778
00:49:23,840 --> 00:49:30,720
 that's unlikely, so therefore, it is probably to their best interest to bring those properties

779
00:49:30,720 --> 00:49:31,720
 into the city.

780
00:49:31,720 --> 00:49:32,720
 Okay.

781
00:49:32,720 --> 00:49:33,720
 Thanks.

782
00:49:33,720 --> 00:49:38,720
 Any more questions for Ron on this one?

783
00:49:38,720 --> 00:49:39,720
 No?

784
00:49:39,720 --> 00:49:40,720
 Okay.

785
00:49:40,720 --> 00:49:49,520
 Well, you can stay right there, because you get the next one, 5E, DCA220004.

786
00:49:49,520 --> 00:50:05,880
 All righty.

787
00:50:05,880 --> 00:50:10,040
 Chair and members of the commission, this is a public hearing item to bring forward

788
00:50:10,040 --> 00:50:12,640
 a code amendment related to parking.

789
00:50:12,640 --> 00:50:20,680
 This item, as members of the DCRC are familiar with, has been discussed with that committee,

790
00:50:20,680 --> 00:50:24,120
 and we're bringing it forward with their recommendation.

791
00:50:24,120 --> 00:50:29,400
 Before we get to the code amendments, I wanted to spend time with a couple of slides, that

792
00:50:29,400 --> 00:50:33,000
 is, and kind of talk a little bit about why we regulate parking.

793
00:50:33,000 --> 00:50:37,980
 Again, this was a presentation we did back maybe a month or two ago.

794
00:50:37,980 --> 00:50:42,720
 Parking regulations are really to provide that off-site parking, off-street parking,

795
00:50:42,720 --> 00:50:50,160
 that is, requirements to help mitigate traffic, to enhance the vehicle bicycle and pedestrian

796
00:50:50,160 --> 00:50:51,400
 safety as well.

797
00:50:51,400 --> 00:50:57,960
 It encourages multimodal transportation, reduces the runoff, addresses water quality and heat

798
00:50:57,960 --> 00:51:05,200
 island effect, and again, with some of the requirements for landscaping and screening,

799
00:51:05,200 --> 00:51:12,320
 it also addresses the adverse potential for visual impact as well.

800
00:51:12,320 --> 00:51:19,520
 In the development code, there are certain requirements that are exempt from parking,

801
00:51:19,520 --> 00:51:24,280
 specifically properties that are less than 5,000 square feet of lot area.

802
00:51:24,280 --> 00:51:29,680
 Any residential development that's proposed in the MD zoning districts, as well as any

803
00:51:29,680 --> 00:51:35,560
 non-residential development that is proposed in the MD zoning district are exempt from

804
00:51:35,560 --> 00:51:39,240
 the parking requirements.

805
00:51:39,240 --> 00:51:46,980
 If there is a property owner that has a development and sees the benefit of not providing as many

806
00:51:46,980 --> 00:51:53,080
 parking or maybe wants more parking, there are alternatives that they can pursue up to

807
00:51:53,080 --> 00:51:56,480
 50% from what is established by the parking code.

808
00:51:56,480 --> 00:52:01,800
 I won't go through the list, but you can see that there's opportunities from location,

809
00:52:01,800 --> 00:52:09,400
 but also if their particular development has a specific use that requires a more lesser

810
00:52:09,400 --> 00:52:14,440
 parking amount or a higher parking amount, they can submit a parking study to the parking

811
00:52:14,440 --> 00:52:22,500
 director and that can be reviewed under the development code parking alternative sections.

812
00:52:22,500 --> 00:52:26,440
 With that, we'll go ahead and get into the parking code amendments.

813
00:52:26,440 --> 00:52:32,160
 The reason why we're bringing these parking code amendments is really to identify certain

814
00:52:32,160 --> 00:52:38,200
 uses and providing them with a more accurate or actual parking needs for that particular

815
00:52:38,200 --> 00:52:46,520
 use, but also to address some of the provisions and regulations that we need to clarify a

816
00:52:46,520 --> 00:52:49,800
 little bit more or further refine as part of these code amendments.

817
00:52:49,800 --> 00:52:56,420
 Again, as I mentioned earlier, the DCRC, Development Code Review Committee, has met on this item

818
00:52:56,420 --> 00:52:58,660
 on parking in particular.

819
00:52:58,660 --> 00:53:05,520
 You see here there are four dates, specifically February, March, two in March and one in April.

820
00:53:05,520 --> 00:53:09,880
 Then the list that you see to the right is really the section of the code, which this

821
00:53:09,880 --> 00:53:15,460
 code amendment is proposing to amend or add.

822
00:53:15,460 --> 00:53:20,160
 With that, I'm going to go ahead and get started on what is being proposed.

823
00:53:20,160 --> 00:53:22,200
 I know this is a work session item.

824
00:53:22,200 --> 00:53:25,860
 I'm going to go through it fairly quickly, and if there are any questions, please let

825
00:53:25,860 --> 00:53:31,320
 me know, but I'm just going to highlight some of those changes.

826
00:53:31,320 --> 00:53:34,840
 I felt to mention or I know that these are the uses that we will be covering.

827
00:53:34,840 --> 00:53:36,440
 I'm not going to read all of them.

828
00:53:36,440 --> 00:53:41,680
 I just wanted to give you just a highlight of what is upcoming.

829
00:53:41,680 --> 00:53:48,360
 The first one is the use type, which is under bars, taverns, lounge, private club, restaurants,

830
00:53:48,360 --> 00:53:50,360
 and restaurants with drive-thrus.

831
00:53:50,360 --> 00:53:56,280
 Currently the existing requirement is one space per 200 feet for indoor seating area

832
00:53:56,280 --> 00:54:00,240
 and one space per 300 for outdoor seating area.

833
00:54:00,240 --> 00:54:05,160
 Staff is proposing a whole different approach in the requirement and basing the parking

834
00:54:05,160 --> 00:54:12,080
 requirement off of the building code's occupancy load number, also providing one space per

835
00:54:12,080 --> 00:54:17,160
 employee at its highest shift, largest shift, and then also addressing the need for additional

836
00:54:17,160 --> 00:54:24,560
 parking for those pickup spaces or Uber Eats or whatnot and folks coming in and picking

837
00:54:24,560 --> 00:54:28,880
 up their order rather than sitting in the restaurant.

838
00:54:28,880 --> 00:54:30,760
 I think this was important to share.

839
00:54:30,760 --> 00:54:37,440
 I know that one of the commissioners asked that I share some examples of how this applies

840
00:54:37,440 --> 00:54:43,840
 and what happens if the proposed code were to be implemented, so I have a couple examples

841
00:54:43,840 --> 00:54:46,400
 for you to share.

842
00:54:46,400 --> 00:54:52,200
 The first one, the first restaurant, and when I was looking for restaurants, I was looking

843
00:54:52,200 --> 00:54:56,280
 for my favorite restaurant, so this is one of my favorite restaurants, so Hawaiian Brothers.

844
00:54:56,280 --> 00:55:01,720
 A fairly new restaurant was completed in June 2021.

845
00:55:01,720 --> 00:55:05,280
 It is part of an adaptive reuse, so as you all probably know, if you're familiar with

846
00:55:05,280 --> 00:55:12,520
 the area, it was once a taco cabana or tropical chicken, whatever it was, so now it is Hawaiian

847
00:55:12,520 --> 00:55:14,080
 Brothers.

848
00:55:14,080 --> 00:55:20,500
 It has a very small seating area, indoor and outdoor, you see that if the existing requirement

849
00:55:20,500 --> 00:55:28,680
 of the code was applied, they would only require six spaces, and that is their minimum requirement.

850
00:55:28,680 --> 00:55:29,680
 That is not enough.

851
00:55:29,680 --> 00:55:34,380
 Obviously, that doesn't even cover the number of employees, so what they have on site currently

852
00:55:34,380 --> 00:55:39,720
 is 55 spaces, and again, it's an adaptive reuse, but still, it was the same building

853
00:55:39,720 --> 00:55:41,960
 and nothing really changed as far as the square footage.

854
00:55:41,960 --> 00:55:46,600
 The internal building may have changed, but the external footprint did not.

855
00:55:46,600 --> 00:55:51,080
 Using the proposed requirement, if we were to apply the proposed requirement of one space

856
00:55:51,080 --> 00:55:58,140
 per four design occupancy load, the occupancy load based on the building code is 75.

857
00:55:58,140 --> 00:56:00,640
 That translates to 19 spaces.

858
00:56:00,640 --> 00:56:06,380
 With 15 employees, that's another, obviously, 15 spaces, and then with the reserve parking

859
00:56:06,380 --> 00:56:13,480
 for the indoor or people coming in to pick up their orders or if there was a delivery,

860
00:56:13,480 --> 00:56:18,480
 there's five spaces dedicated for that, they would be required 39 spaces, so we feel, staff

861
00:56:18,480 --> 00:56:24,240
 feels that the proposed requirement fits more on what the actual need is for that particular

862
00:56:24,240 --> 00:56:26,160
 restaurant, for this particular restaurant.

863
00:56:26,160 --> 00:56:33,200
 Again, they're at 55, so they're well past the 39 that what this proposed code amendment

864
00:56:33,200 --> 00:56:36,840
 would require.

865
00:56:36,840 --> 00:56:38,840
 Another favorite restaurant of mine is In-N-Out.

866
00:56:38,840 --> 00:56:43,640
 It's more of a drive-through restaurant, and Haley was able to help me with this one.

867
00:56:43,640 --> 00:56:47,040
 It's a little bit bigger seating area.

868
00:56:47,040 --> 00:56:49,600
 They have both an indoor and outdoor.

869
00:56:49,600 --> 00:56:55,280
 Again, if we were to apply the current code, they would only be required to provide 10

870
00:56:55,280 --> 00:57:01,360
 spaces based on the indoor seating area of one space per 200 and then the outdoor seating

871
00:57:01,360 --> 00:57:04,660
 area of one space per 350.

872
00:57:04,660 --> 00:57:12,640
 The development itself was developed in February 2017, and what they have on site is 64 spaces.

873
00:57:12,640 --> 00:57:18,840
 Doesn't look like it, but when you count all of them, that is 64 spaces on their lot.

874
00:57:18,840 --> 00:57:25,160
 Using the proposed requirement with, again, one space per four occupancy load, they have

875
00:57:25,160 --> 00:57:34,000
 a 93 occupancy load with four spaces for each, divided that is, you end up with 24 spaces.

876
00:57:34,000 --> 00:57:39,120
 Now, they also have 15 employees at their largest shift, that's an additional 15 spaces,

877
00:57:39,120 --> 00:57:44,360
 and then again, the five spaces that we discussed earlier, that brings them up to 44 spaces.

878
00:57:44,360 --> 00:57:48,000
 What they have today is 64 spaces.

879
00:57:48,000 --> 00:57:49,000
 This is a new development.

880
00:57:49,000 --> 00:57:53,720
 It's not an adaptive reuse, and why they have more than what is required or what typically

881
00:57:53,720 --> 00:57:54,720
 is required?

882
00:57:54,720 --> 00:57:58,640
 I can tell you that obviously this is part of the razor ranch development, so there is

883
00:57:58,640 --> 00:58:05,120
 not the requirement that they would typically, if they were not part of that razor ranch

884
00:58:05,120 --> 00:58:06,800
 overlay district.

885
00:58:06,800 --> 00:58:15,300
 Another example of how this proposed amendment would apply to an existing restaurant.

886
00:58:15,300 --> 00:58:19,100
 The last favorite restaurant is IHOP.

887
00:58:19,100 --> 00:58:24,000
 We have IHOP here, larger seating area.

888
00:58:24,000 --> 00:58:28,200
 They don't have outdoor seating, but they do have a large indoor seating, but even with

889
00:58:28,200 --> 00:58:37,160
 that indoor seating, one space per 200 with 2300 square feet, that doesn't really give

890
00:58:37,160 --> 00:58:41,680
 them much, so they would, I apologize, that shouldn't be four, that should be 12, so they

891
00:58:41,680 --> 00:58:44,640
 would be required 12 spaces.

892
00:58:44,640 --> 00:58:48,520
 What they have on site is 66 spaces.

893
00:58:48,520 --> 00:58:54,200
 It must be a very popular place, because this aerial, when it was taken, basically covered

894
00:58:54,200 --> 00:58:59,760
 all the parking spaces, and I did count all of them, and that is 66 spaces.

895
00:58:59,760 --> 00:59:06,480
 Again, using what we would apply if this proposed code amendment were to be approved, again,

896
00:59:06,480 --> 00:59:15,520
 using the 217 occupancy load, the number of his spaces would be 55 with the 10 employees

897
00:59:15,520 --> 00:59:21,740
 and then the five parking spaces, you're at 70, so they're actually four short if we were

898
00:59:21,740 --> 00:59:26,160
 to apply this, but looking at their site, they probably need additional parking for

899
00:59:26,160 --> 00:59:30,280
 that site, seeing that the aerial is filled with their parking.

900
00:59:30,280 --> 00:59:35,280
 Any questions as to how a requirement such as the parking that we're proposing would

901
00:59:35,280 --> 00:59:36,280
 be applied?

902
00:59:36,280 --> 00:59:37,280
 >> Commissioner Anderson.

903
00:59:37,280 --> 00:59:38,280
 >> Thank you, Chair.

904
00:59:38,280 --> 00:59:43,120
 Ron, are you going to grandfather in any other businesses, for instance, industrial street

905
00:59:43,120 --> 00:59:47,000
 downtown, roosters, fuzzies, that's going to kill them, they don't have -- there's no

906
00:59:47,000 --> 00:59:48,000
 parking.

907
00:59:48,000 --> 00:59:54,840
 >> Right, and again, those are, from my understanding, are part of the M.D. zoning district, so,

908
00:59:54,840 --> 01:00:00,200
 yeah, and if they were not, you know, those would be grandfathered in -- yes.

909
01:00:00,200 --> 01:00:05,440
 Again, I mentioned earlier, M.D. zoning districts are not required to provide additional parking,

910
01:00:05,440 --> 01:00:10,320
 and we know that that's the case for that area and around downtown as well.

911
01:00:10,320 --> 01:00:13,400
 >> Okay.

912
01:00:13,400 --> 01:00:21,840
 >> Well, and these changes are not affecting existing businesses unless they do a full-on,

913
01:00:21,840 --> 01:00:23,840
 what, over 50% remodel?

914
01:00:23,840 --> 01:00:24,840
 >> Correct.

915
01:00:24,840 --> 01:00:28,520
 The trigger for those, yeah, and I'll confirm me that's covered in subchapter one of our

916
01:00:28,520 --> 01:00:31,440
 code, but most likely these would apply for --

917
01:00:31,440 --> 01:00:32,440
 >> Yeah, we're talking about new development.

918
01:00:32,440 --> 01:00:33,440
 >> New development.

919
01:00:33,440 --> 01:00:34,440
 Yes.

920
01:00:34,440 --> 01:00:35,440
 >> Commissioner Prout.

921
01:00:35,440 --> 01:00:36,440
 Okay.

922
01:00:36,440 --> 01:00:37,440
 Okay.

923
01:00:37,440 --> 01:00:38,440
 >> Okay.

924
01:00:38,440 --> 01:00:39,680
 >> Thanks, Ron.

925
01:00:39,680 --> 01:00:42,200
 So I'll briefly go through the other ones.

926
01:00:42,200 --> 01:00:47,440
 This one I felt we needed to spend a little bit more time just to show how it applied.

927
01:00:47,440 --> 01:00:52,160
 We're also looking at the craft alcohol production.

928
01:00:52,160 --> 01:00:57,800
 What's required, as you see there, under existing, we feel that one space per employee on the

929
01:00:57,800 --> 01:01:03,180
 larger shift is more appropriate, plus one space per four, again, design occupancy load

930
01:01:03,180 --> 01:01:10,620
 to address those folks that are visiting that particular use in either for seating and tasting

931
01:01:10,620 --> 01:01:14,160
 or if there's any food preparation as well.

932
01:01:14,160 --> 01:01:19,280
 So that would be included as part of their parking requirement.

933
01:01:19,280 --> 01:01:27,240
 Food processing generally is a large type use, almost similar to warehousing.

934
01:01:27,240 --> 01:01:32,680
 So if -- when you see the next few slides, we're proposing one space per employee, again,

935
01:01:32,680 --> 01:01:38,680
 to address the employee need, plus one space -- I'm sorry, not plus, but rather, or one

936
01:01:38,680 --> 01:01:41,820
 space per 3,500 square feet.

937
01:01:41,820 --> 01:01:47,880
 What you see now is roughly one space per 1,000.

938
01:01:47,880 --> 01:01:53,480
 The 3,500, if you're wondering where that came from, there was a lot of discussions

939
01:01:53,480 --> 01:01:59,920
 with other -- we're looking into other cities, but as we have seen new developments come

940
01:01:59,920 --> 01:02:07,320
 in in regards to these types of uses, the applicants often request a parking alternative

941
01:02:07,320 --> 01:02:11,780
 and often enough, they come around one space per 3,500 square feet.

942
01:02:11,780 --> 01:02:16,680
 So we felt that that was a good number to use, and again, based on other cities that

943
01:02:16,680 --> 01:02:20,360
 we've researched, they tend to be around that same number.

944
01:02:20,360 --> 01:02:25,680
 Again, I won't go through all of them, but again, manufacturing, you see the same proposed

945
01:02:25,680 --> 01:02:34,960
 requirement, wholesale warehousing as well has the same requirement for proposed parking.

946
01:02:34,960 --> 01:02:38,920
 So we jump to residential uses here now.

947
01:02:38,920 --> 01:02:44,480
 Town homes, duplexes in manufactured home development, staff is proposing to reduce

948
01:02:44,480 --> 01:02:48,500
 that number from four spaces per dwelling unit down to two spaces.

949
01:02:48,500 --> 01:02:53,160
 We feel that these types of developments are more suitable for two parking spaces rather

950
01:02:53,160 --> 01:02:58,480
 than the four, largely because they are somewhat typically smaller in size when you think about

951
01:02:58,480 --> 01:03:06,520
 town home use versus a single family, similarly duplex or a manufactured home development.

952
01:03:06,520 --> 01:03:09,640
 Adult daycare is the first one.

953
01:03:09,640 --> 01:03:15,800
 Again, just hearing from some of the new businesses, the recent businesses, their parking requirement,

954
01:03:15,800 --> 01:03:20,500
 they're needing more spaces for not only their employees, but for the visitors, and you wouldn't

955
01:03:20,500 --> 01:03:25,720
 think that there are a lot of visitors, but when parents come in or there are some volunteers,

956
01:03:25,720 --> 01:03:28,800
 there are also needs for parking as well.

957
01:03:28,800 --> 01:03:31,760
 The next big one here is religious assembly.

958
01:03:31,760 --> 01:03:36,280
 It is based on one space per 250 square feet of gross floor area.

959
01:03:36,280 --> 01:03:41,800
 It's very hard to, when you calculate that, what is what area, I mean, are we looking

960
01:03:41,800 --> 01:03:43,880
 at the whole building?

961
01:03:43,880 --> 01:03:47,300
 Is it part of the building where there's congregation or there's assembly?

962
01:03:47,300 --> 01:03:54,800
 So rather than use that code or use that requirement, we are proposing one space per four design

963
01:03:54,800 --> 01:04:01,200
 occupancy load per the building code, and as we spoke during the DCRC meeting, we shared

964
01:04:01,200 --> 01:04:07,920
 with them how that building code is applied in determining the occupancy load.

965
01:04:07,920 --> 01:04:15,760
 There are ratios for standing areas, there are ratios for seating areas, fixed and non-fixed,

966
01:04:15,760 --> 01:04:21,440
 so again, whatever the building code will allow for people to occupy space, we feel

967
01:04:21,440 --> 01:04:25,440
 that that's a better option in determining the parking requirements because we know that

968
01:04:25,440 --> 01:04:29,080
 those are the number of people that will be there or can be there, and therefore we're

969
01:04:29,080 --> 01:04:33,360
 saying it's one space per four occupancy load.

970
01:04:33,360 --> 01:04:37,000
 So that's what staff's proposing.

971
01:04:37,000 --> 01:04:42,880
 I think the next few are related to the schools, and as you all know, the schools, all of them

972
01:04:42,880 --> 01:04:49,640
 are different in nature as far as their uses, what their programs are, so rather than determine

973
01:04:49,640 --> 01:04:55,560
 what their use is in coming up with a parking ratio, we feel that we would allow them to

974
01:04:55,560 --> 01:05:00,220
 make that determination and submit to the director a parking study, and based on that

975
01:05:00,220 --> 01:05:08,040
 parking study, have an approved parking requirement for, again, that particular project or development.

976
01:05:08,040 --> 01:05:14,200
 Similarly, with the private school and public school, a lot of discussion with the DCRC,

977
01:05:14,200 --> 01:05:20,680
 we met with, I met personally with some of the DISD staff members, them providing me

978
01:05:20,680 --> 01:05:23,160
 with the information and what they need.

979
01:05:23,160 --> 01:05:29,560
 We actually used the Den High newly constructed high school as an example for the future high

980
01:05:29,560 --> 01:05:36,880
 schools that we will see, and based on that development and what their needs are, we used

981
01:05:36,880 --> 01:05:38,920
 that in determining what our parking ratio is.

982
01:05:38,920 --> 01:05:44,760
 So real quickly, elementary or middle school, it's one space per 12 students.

983
01:05:44,760 --> 01:05:51,440
 High school is one space per two student capacity, and with all that, plus one space per employee.

984
01:05:51,440 --> 01:05:56,560
 So we want to make sure we accommodate the employees on the larger shift, and then plus

985
01:05:56,560 --> 01:05:58,480
 guest spaces determined by the school.

986
01:05:58,480 --> 01:06:02,700
 Again, we want to give the school the flexibility in determining what that number is.

987
01:06:02,700 --> 01:06:07,160
 Some schools have other programs that we're not familiar with, so that would accommodate

988
01:06:07,160 --> 01:06:13,300
 where those guest parking spaces will provide.

989
01:06:13,300 --> 01:06:18,760
 Moving on to section 794, this is a director determination.

990
01:06:18,760 --> 01:06:29,480
 We are proposing to add this as part of the director's ability to review a parking alternative

991
01:06:29,480 --> 01:06:35,560
 to reducing the number of spaces for uses that are listed in the table.

992
01:06:35,560 --> 01:06:43,680
 So those tables that are preceding this section here require a minimum amount.

993
01:06:43,680 --> 01:06:50,960
 If the applicant chooses to reduce that amount based on that ratio, they can submit a parking

994
01:06:50,960 --> 01:06:56,840
 study under this section, and the director can determine if that amount is appropriate

995
01:06:56,840 --> 01:06:57,840
 or not.

996
01:06:57,840 --> 01:07:04,640
 And again, this is just to provide that section or that ability for the director.

997
01:07:04,640 --> 01:07:12,000
 Last item on the code amendment is to add multifamily dwelling under one of the parking

998
01:07:12,000 --> 01:07:14,320
 alternatives under infill.

999
01:07:14,320 --> 01:07:21,480
 As part of the infill and redevelopment projects, what that does is if they're proposing a multifamily

1000
01:07:21,480 --> 01:07:25,640
 development, and again, it's part of an infill redevelopment project, they can reduce their

1001
01:07:25,640 --> 01:07:32,080
 parking spaces up to 10%, again, per this requirement or per this section.

1002
01:07:32,080 --> 01:07:35,760
 Previously, it was not included.

1003
01:07:35,760 --> 01:07:39,960
 So with that, I know that was a lot to take in, but that is what staff is proposing in

1004
01:07:39,960 --> 01:07:41,680
 terms of the parking code requirements.

1005
01:07:41,680 --> 01:07:44,800
 I'll stand for any questions.

1006
01:07:44,800 --> 01:07:46,760
 If I could just add to Ron's presentation.

1007
01:07:46,760 --> 01:07:51,080
 So first of all, great job, Ron, summarizing all of that, because I know the DCRC worked

1008
01:07:51,080 --> 01:07:56,800
 really hard in evaluating the proposed parking ratio adjustments, and I know there's been

1009
01:07:56,800 --> 01:08:01,920
 several e-comments that have come in this afternoon to the commission expressing concern

1010
01:08:01,920 --> 01:08:05,920
 regarding some of the parking minimums that are being established and just parking requirements

1011
01:08:05,920 --> 01:08:06,920
 in general.

1012
01:08:06,920 --> 01:08:12,040
 And I think the challenge that we have, and it's just not debt, and it's other cities

1013
01:08:12,040 --> 01:08:13,280
 as well, right?

1014
01:08:13,280 --> 01:08:18,280
 But it's the challenge we always have is establishing an appropriate parking requirement for uses

1015
01:08:18,280 --> 01:08:23,240
 throughout our community that are in different contexts, right?

1016
01:08:23,240 --> 01:08:27,520
 Whether that's more of an urban setting, whether that's more of a typical suburban setting,

1017
01:08:27,520 --> 01:08:29,600
 or if it's somewhere in between, right?

1018
01:08:29,600 --> 01:08:34,880
 And trying to find a balance with what we establish as a parking requirement.

1019
01:08:34,880 --> 01:08:40,320
 We believe what we've proposed in working with the DCRC is a reasonable parking requirement.

1020
01:08:40,320 --> 01:08:46,400
 I know bars and restaurants were recently expressed of concern in some of the e-comments,

1021
01:08:46,400 --> 01:08:48,440
 but we're trying to strike that balance.

1022
01:08:48,440 --> 01:08:51,640
 In more urban settings, which is like our downtown area, and I know you asked about

1023
01:08:51,640 --> 01:08:56,400
 roosters and fuzzies, and we have already provisions in place that make it favorable

1024
01:08:56,400 --> 01:09:00,040
 for them to exempt them from having to have certain parking requirements.

1025
01:09:00,040 --> 01:09:05,280
 And Ron also shared a list earlier, but I believe we have a variety of different relief

1026
01:09:05,280 --> 01:09:10,400
 mechanisms, if you will, within the code to allow a property owner or business to be able

1027
01:09:10,400 --> 01:09:16,840
 to seek relief from parking if they feel that our parking requirement is completely off base.

1028
01:09:16,840 --> 01:09:22,160
 And so we recognize that having that flexibility in the code is good, because that way we can

1029
01:09:22,160 --> 01:09:27,360
 take into consideration certain scenarios, given where a property is located.

1030
01:09:27,360 --> 01:09:33,040
 So I just share that with you, we're sensitive to also walkability, because we realize when

1031
01:09:33,040 --> 01:09:38,800
 we have more vehicles, more parking lots, more driveway cuts that interferes with people

1032
01:09:38,800 --> 01:09:43,640
 on bicycles and pedestrians too, for that matter, but we feel like it's appropriate

1033
01:09:43,640 --> 01:09:47,180
 to take into consideration the context, and that's why we've got other design standards

1034
01:09:47,180 --> 01:09:49,080
 that come into play when evaluating that.

1035
01:09:49,080 --> 01:09:51,080
 So I just offer you that.

1036
01:09:51,080 --> 01:09:56,760
 I wish there was one magic solution to addressing parking.

1037
01:09:56,760 --> 01:10:00,100
 I've had challenges with parking in other communities that I've worked in, but again,

1038
01:10:00,100 --> 01:10:04,440
 it goes back to determining what's most appropriate for your community, and in our case, we believe

1039
01:10:04,440 --> 01:10:07,680
 with what's being proposed, it's a reasonable solution.

1040
01:10:07,680 --> 01:10:11,600
 We also want, the other thing is we want businesses to be successful, right?

1041
01:10:11,600 --> 01:10:14,520
 But we also don't want people parking in our fire lanes and blocking access.

1042
01:10:14,520 --> 01:10:18,520
 We don't want vehicles spilling over into our streets, where we don't want vehicles

1043
01:10:18,520 --> 01:10:23,280
 parking on the streets in certain areas, but also bottom line, we want the businesses to

1044
01:10:23,280 --> 01:10:24,520
 be successful.

1045
01:10:24,520 --> 01:10:28,400
 So we want to make sure that we put appropriate parking requirement in place that we believe

1046
01:10:28,400 --> 01:10:33,040
 that meets the needs for our community, but also sensitive to having those relief valve

1047
01:10:33,040 --> 01:10:34,440
 mechanisms built in there.

1048
01:10:34,440 --> 01:10:39,960
 Yeah, and I think that's great, I know we're getting low on time, so that's wonderful

1049
01:10:39,960 --> 01:10:40,960
 to share.

1050
01:10:40,960 --> 01:10:47,520
 I'll just say real quick that it is complicated, but a lot of thought was given over multiple,

1051
01:10:47,520 --> 01:10:55,000
 multiple meetings and many, many hours of discussion to be able to bring this forward

1052
01:10:55,000 --> 01:10:57,700
 for a recommendation to city council.

1053
01:10:57,700 --> 01:11:05,200
 This was done individualized types of businesses with great research by staff, so throw that

1054
01:11:05,200 --> 01:11:06,200
 out there.

1055
01:11:06,200 --> 01:11:10,720
 Also, none of this changes the focus of our mobility plan, so that's how it all comes

1056
01:11:10,720 --> 01:11:11,720
 together.

1057
01:11:11,720 --> 01:11:17,040
 The focus of the mobility plan that we just updated is multimodal, and it does include

1058
01:11:17,040 --> 01:11:24,920
 cars and walking and biking, and these proposed amendments, in my opinion and all the discussion

1059
01:11:24,920 --> 01:11:33,280
 that it was given, does not take away from that focus as we continue growth and enhancing

1060
01:11:33,280 --> 01:11:38,440
 and making that multimodal model happen.

1061
01:11:38,440 --> 01:11:45,560
 With that, any more thoughts, questions with Ron, and then we'll get supper before our

1062
01:11:45,560 --> 01:11:46,560
 meeting.

1063
01:11:46,560 --> 01:11:47,560
 Commissioner Pritz.

1064
01:11:47,560 --> 01:11:48,560
 Five seconds.

1065
01:11:48,560 --> 01:11:54,640
 I noticed that on the craft alcohol production slide, it said one per four designed occupancy.

1066
01:11:54,640 --> 01:11:59,040
 I believe the red line in our backup only said one per two, so I'm just questioning

1067
01:11:59,040 --> 01:12:03,360
 whether we need an emailed update of that and be able to refer to that when we make

1068
01:12:03,360 --> 01:12:08,000
 motions in the open session or something to make sure that's the correct backup that we're

1069
01:12:08,000 --> 01:12:09,000
 referring to.

1070
01:12:09,000 --> 01:12:13,400
 Yeah, no, just really quickly, I did see that, Commissioner Pritz, I think the intent was

1071
01:12:13,400 --> 01:12:18,400
 to follow what was proposed for the parking for restaurants, and so I think when we were

1072
01:12:18,400 --> 01:12:22,160
 proposing parking initially, it was one space per two, but when we moved it to four, we

1073
01:12:22,160 --> 01:12:28,600
 just didn't carry that over to the craft alcohol, because it does basically serve the same purpose.

1074
01:12:28,600 --> 01:12:32,720
 So it's one space per four.

1075
01:12:32,720 --> 01:12:34,000
 Thank you.

1076
01:12:34,000 --> 01:12:36,880
 Any other questions for Ron at this moment?

1077
01:12:36,880 --> 01:12:37,880
 Okay.

1078
01:12:37,880 --> 01:12:38,880
 Thank you, sir.

1079
01:12:38,880 --> 01:12:39,880
 Thank you.

1080
01:12:39,880 --> 01:12:40,880
 We'll see you in public meeting.

1081
01:12:40,880 --> 01:12:48,760
 With that, that ends our work session, so I will adjourn us at 617, and we will meet

1082
01:12:48,760 --> 01:12:58,560
 in council chambers for our regular meeting as close to 630 as possible.

1083
01:12:58,560 --> 01:13:01,920
 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for

1084
01:13:01,920 --> 01:13:06,120
 Wednesday, August 24th, 2022.

1085
01:13:06,120 --> 01:13:12,080
 With a quorum present, I will call us to order at 636 p.m.

1086
01:13:12,080 --> 01:13:13,080
 Thanks for your patience.

1087
01:13:13,080 --> 01:13:15,760
 Sorry, we are a little bit tardy.

1088
01:13:15,760 --> 01:13:21,960
 First order of business is the Pledge of Allegiance to the U.S. and Texas Flags.

1089
01:13:21,960 --> 01:13:28,160
 I pledge allegiance to the flag of the United States of America and to the Republic for

1090
01:13:28,160 --> 01:13:37,440
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

1091
01:13:37,440 --> 01:13:50,360
 I pledge allegiance to the Texas flag, one state, under God, one and indivisible.

1092
01:13:50,360 --> 01:13:52,520
 Thank you, everyone.

1093
01:13:52,520 --> 01:13:59,580
 Next item on our agenda is consideration of our minutes from our August 10th meeting.

1094
01:13:59,580 --> 01:14:01,580
 Any discussion?

1095
01:14:01,580 --> 01:14:02,580
 Motion.

1096
01:14:02,580 --> 01:14:05,160
 Commissioner Smith.

1097
01:14:05,160 --> 01:14:06,160
 Commissioner Pruitt.

1098
01:14:06,160 --> 01:14:09,080
 We've got a first and a second for approval of the minutes.

1099
01:14:09,080 --> 01:14:10,080
 Any discussion?

1100
01:14:10,080 --> 01:14:11,080
 Okay.

1101
01:14:11,080 --> 01:14:29,600
 Let's vote on the board, please.

1102
01:14:29,600 --> 01:14:38,080
 If our board's working, let's see, there's a little bit of a delay.

1103
01:14:38,080 --> 01:14:42,160
 Oh, it did carry, okay, 7-0.

1104
01:14:42,160 --> 01:14:43,160
 Very good.

1105
01:14:43,160 --> 01:14:44,160
 That motion passes 7-0.

1106
01:14:44,160 --> 01:14:48,040
 I'm sorry, it didn't come on my screen, so I did not look up there.

1107
01:14:48,040 --> 01:14:53,400
 Okay, consent agenda is our next order of business.

1108
01:14:53,400 --> 01:14:54,840
 Commissioner Smith.

1109
01:14:54,840 --> 01:14:55,840
 Commissioner Cole.

1110
01:14:55,840 --> 01:14:56,840
 Hang on.

1111
01:14:56,840 --> 01:14:57,840
 Commissioner Smith.

1112
01:14:57,840 --> 01:14:58,840
 I make a motion to approve.

1113
01:14:58,840 --> 01:14:59,840
 Commissioner Cole.

1114
01:14:59,840 --> 01:15:00,840
 Second.

1115
01:15:00,840 --> 01:15:02,840
 Got a first and a second for approval of consent agenda.

1116
01:15:02,840 --> 01:15:03,840
 Discussion?

1117
01:15:03,840 --> 01:15:04,840
 Okay.

1118
01:15:04,840 --> 01:15:27,460
 I'm not seeing a way to vote.

1119
01:15:27,460 --> 01:15:31,520
 Board is having a little bit of a technical difficulty.

1120
01:15:31,520 --> 01:15:38,520
 That's okay.

1121
01:15:38,520 --> 01:16:01,520
 Okay.

1122
01:16:09,520 --> 01:16:11,680
 I can do a roll call vote on this item.

1123
01:16:11,680 --> 01:16:12,680
 Let's do that.

1124
01:16:12,680 --> 01:16:18,360
 We've got a first by Commissioner Smith and a second by Commissioner Cole.

1125
01:16:18,360 --> 01:16:19,800
 Commissioner Smith, how say you?

1126
01:16:19,800 --> 01:16:20,800
 Aye.

1127
01:16:20,800 --> 01:16:21,800
 Commissioner Cole.

1128
01:16:21,800 --> 01:16:22,800
 Aye.

1129
01:16:22,800 --> 01:16:23,800
 Commissioner Villarreal.

1130
01:16:23,800 --> 01:16:24,800
 Aye.

1131
01:16:24,800 --> 01:16:25,800
 Commissioner Anderson.

1132
01:16:25,800 --> 01:16:26,800
 Aye.

1133
01:16:26,800 --> 01:16:27,800
 Commissioner McDade.

1134
01:16:27,800 --> 01:16:28,800
 Aye.

1135
01:16:28,800 --> 01:16:29,800
 Commissioner Pruitt.

1136
01:16:29,800 --> 01:16:30,800
 Aye.

1137
01:16:30,800 --> 01:16:32,680
 Chair, there's also an aye.

1138
01:16:32,680 --> 01:16:35,680
 That motion carries 7-0.

1139
01:16:35,680 --> 01:16:38,480
 That will move us to our items for individual consideration.

1140
01:16:38,480 --> 01:16:41,620
 Our first being 4A, which has been withdrawn.

1141
01:16:41,620 --> 01:16:46,240
 So we will not be taking action on that item this evening.

1142
01:16:46,240 --> 01:16:48,960
 Our item 4B has also been withdrawn.

1143
01:16:48,960 --> 01:16:49,960
 So the same.

1144
01:16:49,960 --> 01:16:54,160
 We will not be hearing or taking action on that item.

1145
01:16:54,160 --> 01:17:03,080
 4C would be our next item for consideration tonight, PP22-0020, and I will invite Angie

1146
01:17:03,080 --> 01:17:04,080
 up for her presentation.

1147
01:17:04,080 --> 01:17:05,080
 Hello.

1148
01:17:05,080 --> 01:17:06,080
 Hi.

1149
01:17:06,080 --> 01:17:11,640
 Good evening, Madam Chair and members of the Commission.

1150
01:17:11,640 --> 01:17:19,120
 Hold up my presentation real quick.

1151
01:17:19,120 --> 01:17:20,120
 Okay.

1152
01:17:20,120 --> 01:17:21,120
 Good evening.

1153
01:17:21,120 --> 01:17:25,440
 As mentioned, this is preliminary plat 22-0020B.

1154
01:17:25,440 --> 01:17:30,080
 This is a preliminary plat for Summerwell-Denton Phase 2B.

1155
01:17:30,080 --> 01:17:38,560
 The approximately 14-acre tract of land is situated just off of Mayhill Road.

1156
01:17:38,560 --> 01:17:43,960
 It is a one-lot preliminary plat to establish the boundaries and associated easements for

1157
01:17:43,960 --> 01:17:46,880
 a future multifamily development.

1158
01:17:46,880 --> 01:17:51,640
 The plat has satisfied all of our criteria for approval, and staff is recommending approval

1159
01:17:51,640 --> 01:17:53,520
 of this preliminary plat this evening.

1160
01:17:53,520 --> 01:17:54,520
 Okay.

1161
01:17:54,520 --> 01:17:55,520
 Thank you.

1162
01:17:55,520 --> 01:17:58,640
 Any questions for Angie on this item?

1163
01:17:58,640 --> 01:17:59,880
 Okay.

1164
01:17:59,880 --> 01:18:00,880
 Commissioner Smith.

1165
01:18:00,880 --> 01:18:01,880
 Make a motion to approve.

1166
01:18:01,880 --> 01:18:02,880
 Okay.

1167
01:18:02,880 --> 01:18:03,880
 Commissioner Cole?

1168
01:18:03,880 --> 01:18:04,880
 Second.

1169
01:18:04,880 --> 01:18:06,320
 We've got a first and a second for approval.

1170
01:18:06,320 --> 01:18:09,440
 Any discussion?

1171
01:18:09,440 --> 01:18:12,200
 Seeing none, are we doing roll call still?

1172
01:18:12,200 --> 01:18:13,200
 Yes.

1173
01:18:13,200 --> 01:18:14,200
 Still not.

1174
01:18:14,200 --> 01:18:15,200
 Okay.

1175
01:18:15,200 --> 01:18:16,200
 No worries.

1176
01:18:16,200 --> 01:18:17,200
 Commissioner Smith?

1177
01:18:17,200 --> 01:18:18,200
 Aye.

1178
01:18:18,200 --> 01:18:19,200
 Commissioner Cole?

1179
01:18:19,200 --> 01:18:20,200
 Aye.

1180
01:18:20,200 --> 01:18:21,200
 Commissioner Villarreal?

1181
01:18:21,200 --> 01:18:22,200
 Aye.

1182
01:18:22,200 --> 01:18:23,200
 Commissioner Anderson?

1183
01:18:23,200 --> 01:18:24,200
 Aye.

1184
01:18:24,200 --> 01:18:25,200
 Commissioner McDade?

1185
01:18:25,200 --> 01:18:26,200
 Aye.

1186
01:18:26,200 --> 01:18:27,200
 Commissioner Pruitt?

1187
01:18:27,200 --> 01:18:28,200
 Aye.

1188
01:18:28,200 --> 01:18:29,200
 Chair is also an aye.

1189
01:18:29,200 --> 01:18:30,200
 All in favor?

1190
01:18:30,200 --> 01:18:31,200
 Aye.

1191
01:18:31,200 --> 01:18:32,200
 All in favor?

1192
01:18:32,200 --> 01:18:33,200
 Aye.

1193
01:18:33,200 --> 01:18:34,200
 All in favor?

1194
01:18:34,200 --> 01:18:35,200
 Aye.

1195
01:18:35,200 --> 01:18:36,200
 All in favor?

1196
01:18:36,200 --> 01:18:37,200
 Aye.

1197
01:18:37,200 --> 01:18:38,200
 All in favor?

1198
01:18:38,200 --> 01:18:39,200
 Aye.

1199
01:18:39,200 --> 01:18:40,200
 All in favor?

1200
01:18:40,200 --> 01:18:41,200
 Aye.

1201
01:18:41,200 --> 01:18:42,200
 All in favor?

1202
01:18:42,200 --> 01:18:43,200
 Aye.

1203
01:18:43,200 --> 01:18:44,200
 All in favor?

1204
01:18:44,200 --> 01:18:45,200
 Aye.

1205
01:18:45,200 --> 01:18:46,200
 All in favor?

1206
01:18:46,200 --> 01:18:47,200
 Aye.

1207
01:18:47,200 --> 01:18:48,200
 All in favor?

1208
01:18:48,200 --> 01:18:49,200
 Aye.

1209
01:18:49,200 --> 01:18:50,200
 All in favor?

1210
01:18:50,200 --> 01:18:51,200
 Aye.

1211
01:18:51,200 --> 01:18:52,200
 All in favor?

1212
01:18:52,200 --> 01:18:53,200
 Aye.

1213
01:18:53,200 --> 01:18:54,200
 All in favor?

1214
01:18:54,200 --> 01:18:55,200
 Aye.

1215
01:18:55,200 --> 01:18:56,200
 All in favor?

1216
01:18:56,200 --> 01:18:57,200
 Aye.

1217
01:18:57,200 --> 01:18:58,200
 All in favor?

1218
01:18:58,200 --> 01:18:59,200
 Aye.

1219
01:18:59,200 --> 01:19:00,200
 All in favor?

1220
01:19:00,200 --> 01:19:01,200
 Aye.

1221
01:19:01,200 --> 01:19:02,200
 All in favor?

1222
01:19:02,200 --> 01:19:03,200
 Aye.

1223
01:19:03,200 --> 01:19:04,200
 All in favor?

1224
01:19:04,200 --> 01:19:05,200
 Aye.

1225
01:19:05,200 --> 01:19:06,200
 All in favor?

1226
01:19:06,200 --> 01:19:07,200
 Aye.

1227
01:19:07,200 --> 01:19:08,200
 All in favor?

1228
01:19:08,200 --> 01:19:29,200
 Aye.

1229
01:19:38,200 --> 01:20:00,720
.

1230
01:20:00,720 --> 01:20:08,000
 Section 8.32E1D, which is in relation to the minimum required width of that flagpole

1231
01:20:08,000 --> 01:20:13,700
 portion, the DDC requires that the minimum width of the flagpole portion of the lot be

1232
01:20:13,700 --> 01:20:16,120
 24 feet wide.

1233
01:20:16,120 --> 01:20:22,560
 The current property is accessed off of 1830 and has a variable width along this flagpole

1234
01:20:22,560 --> 01:20:24,040
 portion of the lot.

1235
01:20:24,040 --> 01:20:31,240
 It is as narrow as 20.5 feet, so the first request would be to request a more narrow

1236
01:20:31,240 --> 01:20:33,520
 flagpole portion of the lot.

1237
01:20:33,520 --> 01:20:42,560
 And then the overall length of that portion extends about 905 feet, DDC 832E3 requires

1238
01:20:42,560 --> 01:20:47,200
 that the flagpole portion of that lot not exceed 300 feet.

1239
01:20:47,200 --> 01:20:53,600
 So those are the two areas in which this flagpole portion would deviate from what the DDC requires.

1240
01:20:53,600 --> 01:20:58,600
 Subdivision variances may be appropriate if there is a finding that unreasonable hardship

1241
01:20:58,600 --> 01:21:03,200
 or difficulty could result from strict compliance of the code or that the development may be

1242
01:21:03,200 --> 01:21:06,160
 better served by an alternate proposal.

1243
01:21:06,160 --> 01:21:12,680
 When reviewing the request, Section 287D outlines criteria for approval.

1244
01:21:12,680 --> 01:21:18,280
 Generally, the lot shall not be detrimental to public health, life, or safety.

1245
01:21:18,280 --> 01:21:24,440
 The particular physical surroundings shall create a difficulty, not a mere inconvenience,

1246
01:21:24,440 --> 01:21:29,120
 that the proposed variances do not vary our provisions of the comprehensive plan, the

1247
01:21:29,120 --> 01:21:33,960
 development code or mobility plan, and that the peculiar conditions are not a result of

1248
01:21:33,960 --> 01:21:39,160
 owner action, but rather of the site as it is and were not created by the owner.

1249
01:21:39,160 --> 01:21:45,000
 Staff has reviewed the proposed variance request in accordance with these criteria and are

1250
01:21:45,000 --> 01:21:47,000
 recommending approval of this request this evening.

1251
01:21:47,000 --> 01:21:50,000
 I ask for any questions.

1252
01:21:50,000 --> 01:21:51,840
 Thank you, Angie.

1253
01:21:51,840 --> 01:21:53,160
 Any questions?

1254
01:21:53,160 --> 01:21:54,160
 Okay.

1255
01:21:54,160 --> 01:21:59,160
 Commissioner Smith.

1256
01:21:59,160 --> 01:22:00,760
 Make a motion to approve.

1257
01:22:00,760 --> 01:22:05,240
 Commissioner Anderson.

1258
01:22:05,240 --> 01:22:08,600
 Okay.

1259
01:22:08,600 --> 01:22:13,920
 We've got a first and a second for approval of this request.

1260
01:22:13,920 --> 01:22:15,920
 Any discussion?

1261
01:22:15,920 --> 01:22:18,200
 Okay.

1262
01:22:18,200 --> 01:22:19,640
 Take a roll call vote.

1263
01:22:19,640 --> 01:22:20,640
 Commissioner Smith.

1264
01:22:20,640 --> 01:22:21,640
 Aye.

1265
01:22:21,640 --> 01:22:22,640
 Commissioner Anderson.

1266
01:22:22,640 --> 01:22:23,640
 Aye.

1267
01:22:23,640 --> 01:22:24,640
 Commissioner Smith.

1268
01:22:24,640 --> 01:22:25,640
 Aye.

1269
01:22:25,640 --> 01:22:26,640
 Commissioner Smith.

1270
01:22:26,640 --> 01:22:27,640
 Aye.

1271
01:22:27,640 --> 01:22:28,640
 Commissioner Smith.

1272
01:22:28,640 --> 01:22:29,640
 Aye.

1273
01:22:29,640 --> 01:22:30,640
 Commissioner Smith.

1274
01:22:30,640 --> 01:22:31,640
 Aye.

1275
01:22:31,640 --> 01:22:32,640
 Commissioner Smith.

1276
01:22:32,640 --> 01:22:33,640
 Aye.

1277
01:22:33,640 --> 01:22:34,640
 Commissioner Smith.

1278
01:22:34,640 --> 01:22:35,640
 Aye.

1279
01:22:35,640 --> 01:22:36,640
 Commissioner Smith.

1280
01:22:36,640 --> 01:22:37,640
 Aye.

1281
01:22:37,640 --> 01:22:38,640
 Commissioner Smith.

1282
01:22:38,640 --> 01:22:39,640
 Aye.

1283
01:22:39,640 --> 01:22:40,640
 Commissioner Smith.

1284
01:22:40,640 --> 01:22:41,640
 Aye.

1285
01:22:41,640 --> 01:22:42,640
 Commissioner Smith.

1286
01:22:42,640 --> 01:22:43,640
 Aye.

1287
01:22:43,640 --> 01:22:44,640
 OMG.

1288
01:22:44,640 --> 01:22:55,860
 Hello, thank you.

1289
01:22:55,860 --> 01:22:57,320
 Angie Manglaris, senior planner.

1290
01:22:57,320 --> 01:23:04,560
 This is an associated final plat request, FP 220005C for 4B Ranch.

1291
01:23:04,560 --> 01:23:09,760
 The proposed request is for three single family residential lots to be plotted in our Division

1292
01:23:09,760 --> 01:23:10,760
 1 ETJ.

1293
01:23:10,760 --> 01:23:16,840
 The subject property is accessed off of 1830 and is generally 1800 feet north of Briar Hill

1294
01:23:16,840 --> 01:23:18,360
 Lane.

1295
01:23:18,360 --> 01:23:23,440
 Staff is recommending approval of this request as the associated subdivision variance request

1296
01:23:23,440 --> 01:23:28,360
 that we just viewed for this lot was approved and the final plat does meet all of our criteria

1297
01:23:28,360 --> 01:23:29,360
 for approval.

1298
01:23:29,360 --> 01:23:30,360
 Happy to answer any questions.

1299
01:23:30,360 --> 01:23:31,360
 Thank you, Angie.

1300
01:23:31,360 --> 01:23:37,360
 I do not see questions, but what I'd like to say is thank you for the great backup on

1301
01:23:37,360 --> 01:23:38,360
 both of these.

1302
01:23:38,360 --> 01:23:43,600
 This is very often and, yeah, the variance was described very well for all of us to be

1303
01:23:43,600 --> 01:23:46,800
 able to understand and comprehend, so thank you very much for that.

1304
01:23:46,800 --> 01:23:47,800
 Commissioner Villarreal.

1305
01:23:47,800 --> 01:23:49,000
 I move approval.

1306
01:23:49,000 --> 01:23:50,000
 Commissioner Anderson.

1307
01:23:50,000 --> 01:23:51,000
 Second.

1308
01:23:51,000 --> 01:23:57,280
 We've got a first and a second for approval.

1309
01:23:57,280 --> 01:23:59,280
 Any discussion?

1310
01:23:59,280 --> 01:24:00,280
 Okay.

1311
01:24:00,280 --> 01:24:01,280
 Commissioner Villarreal.

1312
01:24:01,280 --> 01:24:02,280
 Aye.

1313
01:24:02,280 --> 01:24:03,280
 Commissioner Anderson.

1314
01:24:03,280 --> 01:24:04,280
 Aye.

1315
01:24:04,280 --> 01:24:05,280
 Commissioner Cole.

1316
01:24:05,280 --> 01:24:06,280
 Aye.

1317
01:24:06,280 --> 01:24:07,280
 Commissioner McDade.

1318
01:24:07,280 --> 01:24:08,280
 Aye.

1319
01:24:08,280 --> 01:24:09,280
 Commissioner Pruitt.

1320
01:24:09,280 --> 01:24:10,280
 Aye.

1321
01:24:10,280 --> 01:24:11,280
 Chair is also an aye.

1322
01:24:11,280 --> 01:24:12,280
 That motion carries.

1323
01:24:12,280 --> 01:24:17,320
 7-0 takes us to 4-F. FP22-0026.

1324
01:24:17,320 --> 01:24:19,360
 I will invite Ashley up for presentation.

1325
01:24:19,360 --> 01:24:20,360
 Hi, Ashley.

1326
01:24:20,360 --> 01:24:21,360
 Good evening.

1327
01:24:21,360 --> 01:24:26,240
 Ashley Hickok, Assistant Planner, City of Denton.

1328
01:24:26,240 --> 01:24:32,920
 This item is a final plat for four single-family lots on approximately 4.23 acres east of State

1329
01:24:32,920 --> 01:24:34,260
 School Road.

1330
01:24:34,260 --> 01:24:37,520
 At this time, staff recommends denial.

1331
01:24:37,520 --> 01:24:41,120
 Staff has no objections to the requested extension until September 14th.

1332
01:24:41,120 --> 01:24:45,400
 Happy to answer any questions.

1333
01:24:45,400 --> 01:24:49,040
 Thanks, Angie.

1334
01:24:49,040 --> 01:24:52,360
 I do not see any questions, but I do see a motion.

1335
01:24:52,360 --> 01:24:53,360
 Commissioner Smith.

1336
01:24:53,360 --> 01:24:54,360
 Thank you, Chair.

1337
01:24:54,360 --> 01:24:58,280
 Make a motion to approve the extension of date certain to September 14th, 2022.

1338
01:24:58,280 --> 01:24:59,280
 Commissioner Villarreal.

1339
01:24:59,280 --> 01:25:00,280
 Second.

1340
01:25:00,280 --> 01:25:01,280
 Okay.

1341
01:25:01,280 --> 01:25:06,400
 We've got a first and a second for approval of the extension request to the date of September

1342
01:25:06,400 --> 01:25:07,520
 14th.

1343
01:25:07,520 --> 01:25:09,640
 Any discussion?

1344
01:25:09,640 --> 01:25:11,040
 Okay.

1345
01:25:11,040 --> 01:25:12,040
 Commissioner Smith.

1346
01:25:12,040 --> 01:25:13,040
 Aye.

1347
01:25:13,040 --> 01:25:14,040
 Commissioner Villarreal.

1348
01:25:14,040 --> 01:25:15,040
 Aye.

1349
01:25:15,040 --> 01:25:16,040
 Commissioner Cole.

1350
01:25:16,040 --> 01:25:17,040
 Aye.

1351
01:25:17,040 --> 01:25:18,040
 Commissioner Anderson.

1352
01:25:18,040 --> 01:25:19,040
 Aye.

1353
01:25:19,040 --> 01:25:20,040
 Commissioner McDade.

1354
01:25:20,040 --> 01:25:21,040
 Aye.

1355
01:25:21,040 --> 01:25:22,040
 Commissioner Pruitt.

1356
01:25:22,040 --> 01:25:23,040
 Aye.

1357
01:25:23,040 --> 01:25:24,040
 Chair is an aye.

1358
01:25:24,040 --> 01:25:27,320
 That motion carries 7-0.

1359
01:25:27,320 --> 01:25:32,960
 That will take us to 4-G. FP22-0027.

1360
01:25:32,960 --> 01:25:36,840
 Hello, Julie.

1361
01:25:36,840 --> 01:25:42,600
 Good evening, Julie Wyatt, Senior Planner with the City of Denton.

1362
01:25:42,600 --> 01:25:46,360
 This is FP22-0027.

1363
01:25:46,360 --> 01:25:49,100
 I did want to mention it was brought up in the work session.

1364
01:25:49,100 --> 01:25:53,080
 There was an error in the caption that mentioned Sycamore.

1365
01:25:53,080 --> 01:25:58,840
 This property is actually located north of Hartley Field Road, situated in the northeast

1366
01:25:58,840 --> 01:25:59,840
 side of town.

1367
01:25:59,840 --> 01:26:04,240
 So, not off of Sycamore, I do apologize for that.

1368
01:26:04,240 --> 01:26:09,600
 But this is a final plat for within our ETJ.

1369
01:26:09,600 --> 01:26:11,400
 They do have some corrections they need to make.

1370
01:26:11,400 --> 01:26:13,120
 So staff is recommending denial.

1371
01:26:13,120 --> 01:26:16,840
 However, we have no objection to the requested extension to September 14th.

1372
01:26:16,840 --> 01:26:19,000
 I'll be happy to answer any questions.

1373
01:26:19,000 --> 01:26:22,000
 Thank you, Julie.

1374
01:26:22,000 --> 01:26:23,800
 Questions?

1375
01:26:23,800 --> 01:26:24,800
 Commissioner Anderson.

1376
01:26:24,800 --> 01:26:25,800
 Thank you, Chair.

1377
01:26:25,800 --> 01:26:30,560
 Is this part of the old Agave Ranch?

1378
01:26:30,560 --> 01:26:31,560
 No, sir.

1379
01:26:31,560 --> 01:26:32,560
 No, sir.

1380
01:26:32,560 --> 01:26:33,560
 This is a little, I'm sorry.

1381
01:26:33,560 --> 01:26:34,560
 Carter Ranch.

1382
01:26:34,560 --> 01:26:35,560
 Is that?

1383
01:26:35,560 --> 01:26:36,560
 Agave Ranch.

1384
01:26:36,560 --> 01:26:37,560
 Agave Ranch.

1385
01:26:37,560 --> 01:26:38,560
 No, it's actually just south of that.

1386
01:26:38,560 --> 01:26:39,560
 So that's a good question.

1387
01:26:39,560 --> 01:26:44,720
 If you look at the map, the Agave Ranch property is just to the north of this site.

1388
01:26:44,720 --> 01:26:45,720
 Okay.

1389
01:26:45,720 --> 01:26:46,720
 That's it.

1390
01:26:46,720 --> 01:26:47,720
 Okay.

1391
01:26:47,720 --> 01:26:48,720
 Thanks, Julie.

1392
01:26:48,720 --> 01:26:49,720
 Thank you.

1393
01:26:49,720 --> 01:26:50,720
 Commissioner Villarreal.

1394
01:26:50,720 --> 01:27:01,320
 I move the approval of the extension to a date certain of September 14th, 2022.

1395
01:27:01,320 --> 01:27:02,320
 Commissioner McDade.

1396
01:27:02,320 --> 01:27:03,320
 Second.

1397
01:27:03,320 --> 01:27:04,320
 Okay.

1398
01:27:04,320 --> 01:27:08,480
 We've got a first and a second to approve the extension request to a date certain of

1399
01:27:08,480 --> 01:27:09,920
 September 14th.

1400
01:27:09,920 --> 01:27:13,000
 Any discussion?

1401
01:27:13,000 --> 01:27:14,000
 Commissioner Villarreal.

1402
01:27:14,000 --> 01:27:15,000
 Aye.

1403
01:27:15,000 --> 01:27:16,000
 Commissioner McDade.

1404
01:27:16,000 --> 01:27:17,000
 Aye.

1405
01:27:17,000 --> 01:27:18,000
 Commissioner Pruitt.

1406
01:27:18,000 --> 01:27:19,000
 Aye.

1407
01:27:19,000 --> 01:27:20,000
 Commissioner Smith.

1408
01:27:20,000 --> 01:27:21,000
 Aye.

1409
01:27:21,000 --> 01:27:22,000
 Commissioner Anderson.

1410
01:27:22,000 --> 01:27:23,000
 Aye.

1411
01:27:23,000 --> 01:27:24,000
 Commissioner Cole.

1412
01:27:24,000 --> 01:27:25,000
 Aye.

1413
01:27:25,000 --> 01:27:26,540
 Chair is also an aye.

1414
01:27:26,540 --> 01:27:29,840
 That motion carries 7-0.

1415
01:27:29,840 --> 01:27:35,360
 That will take us to 4-H and that item has been withdrawn.

1416
01:27:35,360 --> 01:27:40,080
 We will not be taking action on that this evening.

1417
01:27:40,080 --> 01:27:43,360
 Taking us to 4-I, PP22-0021.

1418
01:27:43,360 --> 01:27:46,520
 Hello again, Julie.

1419
01:27:46,520 --> 01:27:48,800
 Good evening.

1420
01:27:48,800 --> 01:27:55,740
 This request before you, PP22-0021, is for a preliminary plat located adjacent to Mayhill

1421
01:27:55,740 --> 01:27:56,740
 north of McKinney.

1422
01:27:56,740 --> 01:28:02,040
 It is for a potential future multifamily project.

1423
01:28:02,040 --> 01:28:06,440
 They do have some items that they have to address prior to approval, so staff recommends

1424
01:28:06,440 --> 01:28:07,440
 denial.

1425
01:28:07,440 --> 01:28:11,760
 However, we have no objection to the requested extension and I will be happy to answer any

1426
01:28:11,760 --> 01:28:12,760
 questions.

1427
01:28:12,760 --> 01:28:13,760
 Thank you, ma'am.

1428
01:28:13,760 --> 01:28:14,760
 Any questions for Julie?

1429
01:28:14,760 --> 01:28:17,200
 I do not see any.

1430
01:28:17,200 --> 01:28:18,200
 Thank you.

1431
01:28:18,200 --> 01:28:19,200
 Commissioner Smith.

1432
01:28:19,200 --> 01:28:25,760
 Make a motion to approve extension to date certain of September 14, 2022.

1433
01:28:25,760 --> 01:28:26,760
 Commissioner Villarreal.

1434
01:28:26,760 --> 01:28:27,760
 Second.

1435
01:28:27,760 --> 01:28:31,120
 We've got a first and a second to approve the extension request to a date certain of

1436
01:28:31,120 --> 01:28:32,640
 September 14.

1437
01:28:32,640 --> 01:28:35,980
 Any discussion?

1438
01:28:35,980 --> 01:28:36,980
 Commissioner Smith.

1439
01:28:36,980 --> 01:28:37,980
 Aye.

1440
01:28:37,980 --> 01:28:38,980
 Commissioner Villarreal.

1441
01:28:38,980 --> 01:28:39,980
 Aye.

1442
01:28:39,980 --> 01:28:40,980
 Commissioner Cole.

1443
01:28:40,980 --> 01:28:41,980
 Aye.

1444
01:28:41,980 --> 01:28:42,980
 Commissioner Anderson.

1445
01:28:42,980 --> 01:28:43,980
 Aye.

1446
01:28:43,980 --> 01:28:44,980
 Commissioner McDade.

1447
01:28:44,980 --> 01:28:45,980
 Aye.

1448
01:28:45,980 --> 01:28:46,980
 Commissioner Pruitt.

1449
01:28:46,980 --> 01:28:47,980
 Aye.

1450
01:28:47,980 --> 01:28:50,920
 The motion carries 7-0.

1451
01:28:50,920 --> 01:28:55,120
 That will take us to 4-J, FP22-0020.

1452
01:28:55,120 --> 01:28:56,840
 Hello, Ron.

1453
01:28:56,840 --> 01:29:00,640
 Madam Chair, Mr. Commissioner, Ron McGill, principal planner of development services.

1454
01:29:00,640 --> 01:29:03,560
 This is a final application request.

1455
01:29:03,560 --> 01:29:08,040
 You are probably familiar with this since this was presented to you last, applying zoning

1456
01:29:08,040 --> 01:29:09,040
 commission.

1457
01:29:09,040 --> 01:29:14,640
 At that meeting, the commission recommended approval with a condition that the item or

1458
01:29:14,640 --> 01:29:20,360
 that the alternative ESA plan associated with this project be approved by city council.

1459
01:29:20,360 --> 01:29:25,800
 City council did approve this on April -- I'm sorry, August 16th, 7-0.

1460
01:29:25,800 --> 01:29:30,920
 Staff is recommending approval, again, without any condition for this particular final plan.

1461
01:29:30,920 --> 01:29:32,800
 I'll stand for any questions.

1462
01:29:32,800 --> 01:29:33,960
 Thank you, Ron.

1463
01:29:33,960 --> 01:29:35,280
 Any questions for Ron?

1464
01:29:35,280 --> 01:29:38,280
 I do not see any.

1465
01:29:38,280 --> 01:29:39,280
 Thank you.

1466
01:29:39,280 --> 01:29:40,280
 Commissioner Smith.

1467
01:29:40,280 --> 01:29:41,280
 Make a motion to approve.

1468
01:29:41,280 --> 01:29:42,280
 Commissioner Anderson.

1469
01:29:42,280 --> 01:29:43,280
 Second.

1470
01:29:43,280 --> 01:29:50,520
 I've got a first and a second for approval of this plot without the condition.

1471
01:29:50,520 --> 01:29:54,680
 Any discussion?

1472
01:29:54,680 --> 01:29:55,680
 Commissioner Smith.

1473
01:29:55,680 --> 01:29:56,680
 Aye.

1474
01:29:56,680 --> 01:29:57,680
 Commissioner Anderson.

1475
01:29:57,680 --> 01:29:58,680
 Aye.

1476
01:29:58,680 --> 01:29:59,680
 Commissioner Cole.

1477
01:29:59,680 --> 01:30:00,680
 Aye.

1478
01:30:00,680 --> 01:30:01,680
 Commissioner Villarreal.

1479
01:30:01,680 --> 01:30:02,680
 Aye.

1480
01:30:02,680 --> 01:30:03,680
 Commissioner McDade.

1481
01:30:03,680 --> 01:30:04,680
 Aye.

1482
01:30:04,680 --> 01:30:05,680
 Commissioner Prudt.

1483
01:30:05,680 --> 01:30:06,680
 Aye.

1484
01:30:06,680 --> 01:30:07,680
 Chair is also an aye.

1485
01:30:07,680 --> 01:30:10,480
 That motion carries 7-0.

1486
01:30:10,480 --> 01:30:13,440
 That will take us to our public hearings this evening.

1487
01:30:13,440 --> 01:30:15,160
 Pardon me.

1488
01:30:15,160 --> 01:30:23,880
 Tina was just clarifying with me.

1489
01:30:23,880 --> 01:30:25,720
 Our boards in front of us are not working.

1490
01:30:25,720 --> 01:30:28,080
 That's why we're doing roll call vote.

1491
01:30:28,080 --> 01:30:34,000
 Our secretary is inputting as I take the roll call and then displaying the final vote up

1492
01:30:34,000 --> 01:30:35,000
 there.

1493
01:30:35,000 --> 01:30:42,440
 I apologize for the technical difficulty but it looks like a roll call night for the evening.

1494
01:30:42,440 --> 01:30:44,760
 All right.

1495
01:30:44,760 --> 01:30:48,080
 Public hearing portion 5A, that item has been withdrawn.

1496
01:30:48,080 --> 01:30:51,560
 We will not be taking action on that this evening.

1497
01:30:51,560 --> 01:30:56,880
 That will take us to 5B, PD22-0001.

1498
01:30:56,880 --> 01:31:05,680
 I will invite Julie Wyatt up for presentation and open the public hearing.

1499
01:31:05,680 --> 01:31:06,680
 Good evening.

1500
01:31:06,680 --> 01:31:08,960
 Julie Wyatt, senior planner.

1501
01:31:08,960 --> 01:31:17,940
 And I am, excuse me, presenting PD22-0001, the reserves at Magnolia.

1502
01:31:17,940 --> 01:31:21,400
 So the request before you is regarding about a three-acre site.

1503
01:31:21,400 --> 01:31:28,640
 It's located south of I-35, west of Fort Worth Drive.

1504
01:31:28,640 --> 01:31:35,820
 The request is for a PD with a R7 base zoning to facilitate a multifamily use with 60 dwelling

1505
01:31:35,820 --> 01:31:37,520
 units.

1506
01:31:37,520 --> 01:31:41,360
 The subject property is outlined in yellow on your screen.

1507
01:31:41,360 --> 01:31:43,760
 It's got an irregular shape, as you can see.

1508
01:31:43,760 --> 01:31:47,720
 It's also situated in an interesting part of town in that there's single-family dwellings

1509
01:31:47,720 --> 01:31:48,720
 to the west.

1510
01:31:48,720 --> 01:31:51,680
 There are established neighborhoods within the city.

1511
01:31:51,680 --> 01:31:56,560
 There's also a commercial area just to the east of the subject property.

1512
01:31:56,560 --> 01:32:01,520
 And this area is going to be impacted by text dot expansions.

1513
01:32:01,520 --> 01:32:05,360
 Text dot's gonna be coming forward with a project in the upcoming years, and they will

1514
01:32:05,360 --> 01:32:08,200
 be expanding this road, and they're gonna be acquiring properties.

1515
01:32:08,200 --> 01:32:12,360
 In fact, they already have acquired properties in some areas.

1516
01:32:12,360 --> 01:32:16,280
 So you can see that area in black, that hatch mark.

1517
01:32:16,280 --> 01:32:18,840
 That's about where text dot's gonna come in.

1518
01:32:18,840 --> 01:32:24,000
 And then that commercial area, it was developed around the time that the highway was developed.

1519
01:32:24,000 --> 01:32:27,840
 So before 1964, it's been there a long time.

1520
01:32:27,840 --> 01:32:31,640
 And over the years, it's underperforming at this time.

1521
01:32:31,640 --> 01:32:36,080
 It's been there a while, and it's also gonna be impacted by the highway expansion.

1522
01:32:36,080 --> 01:32:41,200
 Particularly, it's gonna take down some of those buildings.

1523
01:32:41,200 --> 01:32:44,680
 And so that's kind of where that property sits, that it's kind of in between these two

1524
01:32:44,680 --> 01:32:47,600
 areas in an undeveloped tract.

1525
01:32:47,600 --> 01:32:52,480
 Now, this is a PD, and so with any PD, you have the two parts.

1526
01:32:52,480 --> 01:32:55,560
 You have your text part, and then you have your map part.

1527
01:32:55,560 --> 01:32:57,440
 We are not gonna go over the text part tonight.

1528
01:32:57,440 --> 01:32:59,360
 All of that is within your backup material.

1529
01:32:59,360 --> 01:33:03,120
 What we're really gonna focus on is that development map, because that's really what they're proposing

1530
01:33:03,120 --> 01:33:04,520
 to do.

1531
01:33:04,520 --> 01:33:06,520
 So we're gonna start talking there.

1532
01:33:06,520 --> 01:33:11,060
 So what they're proposing is a 45-foot tall building, approximately.

1533
01:33:11,060 --> 01:33:15,440
 It's centrally located in the property, as you can see.

1534
01:33:15,440 --> 01:33:19,200
 That irregular shape kind of pinches in the south, and it pinches in the north side of

1535
01:33:19,200 --> 01:33:22,080
 the property, and it has that bulb out in the center.

1536
01:33:22,080 --> 01:33:28,800
 They have located that structure in the center of that side, along with their parking area.

1537
01:33:28,800 --> 01:33:34,040
 This configuration that they have proposed provides setbacks to the adjacent residential

1538
01:33:34,040 --> 01:33:38,000
 properties about 80 feet, both to the south and to the west.

1539
01:33:38,000 --> 01:33:42,720
 So it provides that setback buffer for those existing properties.

1540
01:33:42,720 --> 01:33:47,800
 As they've designed their site, they have that main entrance that faces to the south.

1541
01:33:47,800 --> 01:33:53,880
 So it was intentional, we worked with the applicant to get this project so that it orients

1542
01:33:53,880 --> 01:33:57,680
 toward that neighborhood, so it's integrated into that neighborhood, kind of pulling it

1543
01:33:57,680 --> 01:34:03,360
 away from the highway, giving it that larger buffer between the highway and those future

1544
01:34:03,360 --> 01:34:04,360
 residences.

1545
01:34:04,360 --> 01:34:11,120
 And so you can see that their entrance, outlined in purple here, that's that main entrance,

1546
01:34:11,120 --> 01:34:15,720
 and it's highlighted also in their elevations.

1547
01:34:15,720 --> 01:34:19,480
 And the vehicular access, it's something we've been talking a lot about with projects, and

1548
01:34:19,480 --> 01:34:22,400
 so I just want to spend a little time on that.

1549
01:34:22,400 --> 01:34:27,640
 As currently proposed and designed, they are proposing one access point to Willowood, and

1550
01:34:27,640 --> 01:34:29,760
 that's outlined here in yellow.

1551
01:34:29,760 --> 01:34:37,360
 And this section is kind of pulled from this area right here.

1552
01:34:37,360 --> 01:34:41,220
 So they're proposing one vehicular access point to Willowood.

1553
01:34:41,220 --> 01:34:46,040
 There's also a pedestrian access point there, it connects to that future sidewalk and then

1554
01:34:46,040 --> 01:34:49,500
 to the existing sidewalk network.

1555
01:34:49,500 --> 01:34:53,560
 And then there is a stub out to the property to the west, and that would be a future access

1556
01:34:53,560 --> 01:34:55,040
 point.

1557
01:34:55,040 --> 01:35:00,280
 And if you can...what the existing conditions are, Oakwood is actually an existing residential

1558
01:35:00,280 --> 01:35:05,800
 street that turns toward the south but doesn't extend on to Willowood.

1559
01:35:05,800 --> 01:35:11,240
 Well, once that adjacent undeveloped property develops, Oakwood will have to be extended.

1560
01:35:11,240 --> 01:35:14,880
 So it was important that they got that stub out to the west so that it could eventually

1561
01:35:14,880 --> 01:35:21,920
 connect to Oakwood and allow an alternative way to get in and out of the site.

1562
01:35:21,920 --> 01:35:24,360
 The development plan also includes landscaping.

1563
01:35:24,360 --> 01:35:27,120
 They have on-site amenities that they're proposing.

1564
01:35:27,120 --> 01:35:31,320
 As I mentioned, they've oriented the building and the site toward the south to integrate

1565
01:35:31,320 --> 01:35:35,760
 it to the neighborhood, and also allows tree preservation along I-35.

1566
01:35:35,760 --> 01:35:40,320
 So there's a really nice cluster of trees there on I-35, and the way they've oriented

1567
01:35:40,320 --> 01:35:44,440
 their site, they're gonna be able to preserve those in that location.

1568
01:35:44,440 --> 01:35:48,600
 As part of that preservation, they're proposing a pervious trail so they can amenitize that

1569
01:35:48,600 --> 01:35:52,360
 and allow it for recreation for residents.

1570
01:35:52,360 --> 01:35:56,560
 In that area, they're also proposing a playground that's outlined in pink, and a fenced dog

1571
01:35:56,560 --> 01:35:59,600
 park in the blue.

1572
01:35:59,600 --> 01:36:05,280
 They've got enhanced landscaping, particularly on the southern side of the property next

1573
01:36:05,280 --> 01:36:06,280
 to Willowood.

1574
01:36:06,280 --> 01:36:11,640
 So their detention pond is adjacent to Willowood, but that is the gateway to the proposal, to

1575
01:36:11,640 --> 01:36:12,800
 the development.

1576
01:36:12,800 --> 01:36:17,280
 So they've enhanced that with shrubs, with tree plantings around it, and also landscape

1577
01:36:17,280 --> 01:36:22,040
 boulders to add visual interest, to naturalize the setting.

1578
01:36:22,040 --> 01:36:24,560
 They're proposing 27% open space.

1579
01:36:24,560 --> 01:36:28,920
 That's in excess of the 8% that we require in the Denton Development Code, and almost

1580
01:36:28,920 --> 01:36:33,720
 70,000 square feet of new tree plantings, and that would be in addition to the preservation

1581
01:36:33,720 --> 01:36:34,720
 area.

1582
01:36:34,720 --> 01:36:39,640
 The approval criteria for PDs is in subchapter two of the Denton Development Code.

1583
01:36:39,640 --> 01:36:40,960
 We're not gonna go through all of these.

1584
01:36:40,960 --> 01:36:45,520
 We're just gonna touch on them, but by staff's analysis, it does comply with the criteria

1585
01:36:45,520 --> 01:36:46,520
 for approval.

1586
01:36:46,520 --> 01:36:48,720
 It's consistent with the comprehensive plan.

1587
01:36:48,720 --> 01:36:51,800
 It provides that greater level of design quality.

1588
01:36:51,800 --> 01:36:56,700
 It's compatible with the surrounding area, and there are public facilities to serve it.

1589
01:36:56,700 --> 01:37:01,160
 So first, I wanna talk about the Denton 2040 comprehensive plan.

1590
01:37:01,160 --> 01:37:06,060
 The future land use map designates the property as neighborhood mixed use, so it's shown here

1591
01:37:06,060 --> 01:37:10,880
 on your screen, and that's adjacent to that low residential, so that's protecting that

1592
01:37:10,880 --> 01:37:17,620
 adjacent neighborhood, and then higher intensity future land use designations as you move closer

1593
01:37:17,620 --> 01:37:20,720
 to downtown, as you move toward the northeast.

1594
01:37:20,720 --> 01:37:25,600
 So the proposal complies with the future land use, because the neighborhood mixed use is

1595
01:37:25,600 --> 01:37:30,440
 intended for a variety of housing types, and also that neighborhood serving retail and

1596
01:37:30,440 --> 01:37:32,560
 service uses.

1597
01:37:32,560 --> 01:37:34,920
 It also complies with our infill goals.

1598
01:37:34,920 --> 01:37:38,960
 When this area developed, you've got that residential that developed, as well as the

1599
01:37:38,960 --> 01:37:39,960
 commercial.

1600
01:37:39,960 --> 01:37:45,840
 It left this gap in the neighborhood fabric, so this property never developed, and so by

1601
01:37:45,840 --> 01:37:51,680
 developing it would close that gap, it would also provide additional housing, and there's

1602
01:37:51,680 --> 01:37:54,040
 existing infrastructure there.

1603
01:37:54,040 --> 01:37:57,120
 It meets our housing goals within the city of Denton.

1604
01:37:57,120 --> 01:38:03,920
 This map is a little difficult to see, but this is an affordable project, and this map

1605
01:38:03,920 --> 01:38:08,300
 shows where all of our affordable projects are within the city of Denton.

1606
01:38:08,300 --> 01:38:14,160
 The subject property is that red star, and you can see there aren't any affordable projects

1607
01:38:14,160 --> 01:38:19,040
 in this area, so it really would provide that additional choice and variety within an area

1608
01:38:19,040 --> 01:38:21,160
 that doesn't have that.

1609
01:38:21,160 --> 01:38:23,280
 And then finally, it meets our urban design goals.

1610
01:38:23,280 --> 01:38:25,760
 That's something we always look at with projects.

1611
01:38:25,760 --> 01:38:31,160
 It meets our connectivity, it's got those on-site pathways, as well as those trails

1612
01:38:31,160 --> 01:38:37,240
 to the tree preservation area, and that connects to our existing sidewalks, it's got legibility,

1613
01:38:37,240 --> 01:38:42,560
 it's that one building with the highlighted entrance, building scale and orientation where

1614
01:38:42,560 --> 01:38:48,200
 they've centered the building on the site, provides those additional setbacks, it's also

1615
01:38:48,200 --> 01:38:52,520
 allowing that tree preservation along the highway, and then it provides that landscaping

1616
01:38:52,520 --> 01:38:53,520
 and open space.

1617
01:38:53,520 --> 01:38:58,120
 Now, our conversation with the comprehensive plan didn't stop there, because as I mentioned

1618
01:38:58,120 --> 01:39:03,000
 in the work session, we had a robust conversation internally and with the applicant regarding

1619
01:39:03,000 --> 01:39:08,360
 the Denton 2040 comprehensive plan and just this general area, so I just wanted to talk

1620
01:39:08,360 --> 01:39:09,920
 through this a little bit with you.

1621
01:39:09,920 --> 01:39:15,080
 And I'm going to use this map on your screen to illustrate it.

1622
01:39:15,080 --> 01:39:20,240
 So this area has a future land use designation, as I mentioned, of neighborhood mixed use,

1623
01:39:20,240 --> 01:39:25,720
 and that's intended for the variety of housing as well as those services.

1624
01:39:25,720 --> 01:39:29,440
 When staff looked at this area, we saw that there were some properties that were going

1625
01:39:29,440 --> 01:39:36,520
 to be impacted by that TextDOT right-of-way taking, as well as that they're just underperforming,

1626
01:39:36,520 --> 01:39:38,320
 they've been there a long time.

1627
01:39:38,320 --> 01:39:43,160
 And when TextDOT comes in, it's going to leave some leftover properties that are going

1628
01:39:43,160 --> 01:39:45,200
 to be difficult to develop.

1629
01:39:45,200 --> 01:39:49,040
 So we talked to the applicant and we asked, "Hey, can you reach out to those adjacent

1630
01:39:49,040 --> 01:39:53,160
 property owners, see if you could bring them in, see if this area could be comprehensively

1631
01:39:53,160 --> 01:39:56,760
 planned with sort of some master plan project?"

1632
01:39:56,760 --> 01:40:01,680
 We talked to them several times about that and they reached out and they are here and

1633
01:40:01,680 --> 01:40:04,600
 I'm sure they can talk to you about how they reached out.

1634
01:40:04,600 --> 01:40:09,920
 Unfortunately, they weren't able to get in touch with those property owners to collaborate

1635
01:40:09,920 --> 01:40:15,440
 either with a larger project or at least connectivity to those sites.

1636
01:40:15,440 --> 01:40:22,200
 So what we did, it was made sure that the project was set up so that if it did redevelop

1637
01:40:22,200 --> 01:40:29,320
 in the area in the future, that it would be able to work together seamlessly.

1638
01:40:29,320 --> 01:40:30,440
 So we weighed all of this.

1639
01:40:30,440 --> 01:40:37,800
 We weighed our desire for the area to develop comprehensively to really spur that development.

1640
01:40:37,800 --> 01:40:42,200
 And then we also weighed it against the other elements in the comprehensive plan, particularly

1641
01:40:42,200 --> 01:40:45,120
 those affordable housing goals.

1642
01:40:45,120 --> 01:40:51,160
 And the things we considered was this project could serve as a catalytic project for a cohesive

1643
01:40:51,160 --> 01:40:52,480
 redevelopment of this area.

1644
01:40:52,480 --> 01:40:58,440
 So this could really spur that redevelopment or it could present a barrier to that redevelopment.

1645
01:40:58,440 --> 01:41:02,920
 And really looking at their site plan, we felt like it was the former, it was the first

1646
01:41:02,920 --> 01:41:05,840
 one, that it could spur that redevelopment.

1647
01:41:05,840 --> 01:41:11,120
 And ultimately, the proposal furthered our other objectives of the comprehensive plan

1648
01:41:11,120 --> 01:41:17,920
 and the design is compatible with the surrounding property.

1649
01:41:17,920 --> 01:41:20,000
 We also looked at the public facilities.

1650
01:41:20,000 --> 01:41:24,720
 It is Willowwood is a collector within the city of Denton.

1651
01:41:24,720 --> 01:41:31,880
 The proposed use, it's 60 dwellings, so it's not a particularly large multifamily project.

1652
01:41:31,880 --> 01:41:40,320
 So it generated about 326 trips a day, 19 a.m. peak and 25 p.m. peak.

1653
01:41:40,320 --> 01:41:43,860
 It's not going to negatively impact the roadway system.

1654
01:41:43,860 --> 01:41:49,720
 It is in an area where it is within a half a mile walk for students to the nearby elementary

1655
01:41:49,720 --> 01:41:54,520
 school or a park through existing sidewalks.

1656
01:41:54,520 --> 01:41:58,000
 And barrier-free ramps and some crosswalks.

1657
01:41:58,000 --> 01:41:59,640
 We did send out notification.

1658
01:41:59,640 --> 01:42:04,440
 We've received one letter in opposition and it is shown here in red.

1659
01:42:04,440 --> 01:42:08,080
 And so based upon the criteria for approval, staff recommends approval of the request and

1660
01:42:08,080 --> 01:42:11,360
 I'll be happy to answer any questions and the applicant is here with the presentation

1661
01:42:11,360 --> 01:42:12,360
 as well.

1662
01:42:12,360 --> 01:42:13,360
 Great.

1663
01:42:13,360 --> 01:42:14,520
 Thank you, Julie.

1664
01:42:14,520 --> 01:42:17,680
 Any questions at this time for Julie?

1665
01:42:17,680 --> 01:42:19,680
 Okay.

1666
01:42:19,680 --> 01:42:23,200
 Thank you, ma'am.

1667
01:42:23,200 --> 01:42:27,840
 Not sure exactly who the applicant is and if I have a card for you.

1668
01:42:27,840 --> 01:42:33,920
 So I will let you come forth and state your name and address and then you can begin your

1669
01:42:33,920 --> 01:42:34,920
 presentation.

1670
01:42:34,920 --> 01:42:35,920
 Great.

1671
01:42:35,920 --> 01:42:36,920
 Thank you.

1672
01:42:36,920 --> 01:42:37,920
 Thank you for your time this evening.

1673
01:42:37,920 --> 01:42:38,920
 I'm excited to be here.

1674
01:42:38,920 --> 01:42:39,920
 My name is Matt Gillum.

1675
01:42:39,920 --> 01:42:44,960
 I'm one of the managing partners of Overland Property Group and we are the developer and

1676
01:42:44,960 --> 01:42:48,640
 applicant for this community.

1677
01:42:48,640 --> 01:42:55,280
 Really quick intro on us because who you're dealing with is always a very important thing.

1678
01:42:55,280 --> 01:42:59,360
 We are a real estate development company that specializes in housing.

1679
01:42:59,360 --> 01:43:04,960
 Housing from ultra-luxury to affordable, everything in between.

1680
01:43:04,960 --> 01:43:10,920
 We start off in a small town in Kansas where my business partner and I are from, April

1681
01:43:10,920 --> 01:43:12,480
 who's on our team also is from.

1682
01:43:12,480 --> 01:43:17,400
 So we start off with that small town mentality of building relationships and developing based

1683
01:43:17,400 --> 01:43:18,400
 on that.

1684
01:43:18,400 --> 01:43:22,360
 And through that track record, we've been able to develop a lot of really creative communities

1685
01:43:22,360 --> 01:43:26,000
 which have won us national recognition as you'll see there.

1686
01:43:26,000 --> 01:43:30,600
 Additionally, it's allowed us to develop in communities that you maybe don't think

1687
01:43:30,600 --> 01:43:35,920
 of for affordable housing like Steamboat Springs, Colorado which similar financing we're using

1688
01:43:35,920 --> 01:43:38,880
 tonight as you see up on those pictures.

1689
01:43:38,880 --> 01:43:44,320
 And then many other places across Texas, Kansas, Colorado and the other states we deal in.

1690
01:43:44,320 --> 01:43:47,960
 We're very deliberate on communities we develop in.

1691
01:43:47,960 --> 01:43:50,200
 We're deliberate on the properties we develop.

1692
01:43:50,200 --> 01:43:51,360
 So we take a little longer.

1693
01:43:51,360 --> 01:43:54,880
 This one, for instance, you can see the Steamboat Springs Ski Resort in the background.

1694
01:43:54,880 --> 01:43:59,560
 It took about eight years to get our hands on that property and work through that development

1695
01:43:59,560 --> 01:44:00,560
 process.

1696
01:44:00,560 --> 01:44:05,320
 First off, I want to thank Julie for the presentation.

1697
01:44:05,320 --> 01:44:10,480
 That was a great intro and obviously give a lot of factual information and I'd like

1698
01:44:10,480 --> 01:44:14,960
 to thank planning staff for working so diligently with our team.

1699
01:44:14,960 --> 01:44:19,080
 This development is in a totally different place than where we started off because of

1700
01:44:19,080 --> 01:44:23,240
 that collaboration between our group.

1701
01:44:23,240 --> 01:44:27,200
 So I just want to thank them for that and working with us on it.

1702
01:44:27,200 --> 01:44:32,100
 So specifically about this development, the Reserves of Magnolia, it is what we call a

1703
01:44:32,100 --> 01:44:34,060
 neighborhood size development.

1704
01:44:34,060 --> 01:44:37,280
 So this isn't a 250, 300 unit apartment complex.

1705
01:44:37,280 --> 01:44:42,120
 This is more of a neighborhood sized and planned community and we like that for a lot of reasons

1706
01:44:42,120 --> 01:44:46,400
 because you can be individual with people, the interactions are individual, it is more

1707
01:44:46,400 --> 01:44:51,400
 of a community and not a place you rest your head is a place where you interact and build

1708
01:44:51,400 --> 01:44:52,580
 each other up.

1709
01:44:52,580 --> 01:44:57,280
 So this being 60 units, we think it works into the fabric of the neighborhood in a really

1710
01:44:57,280 --> 01:44:58,880
 impactful way.

1711
01:44:58,880 --> 01:45:03,400
 The other thing it allows us to do, which I'll get to kind of assembling parcels in

1712
01:45:03,400 --> 01:45:09,640
 a second, but what it allows us to do is provide a size that does fit into the fabric of the

1713
01:45:09,640 --> 01:45:10,640
 neighborhood.

1714
01:45:10,640 --> 01:45:15,760
 It is not a size that is overwhelming for that neighborhood.

1715
01:45:15,760 --> 01:45:18,860
 We'll see if this plays.

1716
01:45:18,860 --> 01:45:23,800
 To give you an idea, as we're talking about how it fits into the fabric of the neighborhood,

1717
01:45:23,800 --> 01:45:28,960
 this is taken at 45 feet, which is the maximum height of the building, and you'll be able

1718
01:45:28,960 --> 01:45:34,080
 to see, this is looking towards the highway and it will pan around, you are not taller

1719
01:45:34,080 --> 01:45:38,320
 than the trees that do currently exist and there are certainly some ones that are quite

1720
01:45:38,320 --> 01:45:43,160
 taller than that, which is why we took so much care with planning staff to try to preserve

1721
01:45:43,160 --> 01:45:46,800
 as many of the established trees as possible.

1722
01:45:46,800 --> 01:45:50,600
 That natural buffer that exists against the highway is really important one for that neighborhood

1723
01:45:50,600 --> 01:45:54,440
 and something that we did not want to disturb.

1724
01:45:54,440 --> 01:46:01,480
 So again, you can see the site outline here as was so well pointed out by Julie.

1725
01:46:01,480 --> 01:46:05,720
 As we're looking at the rendering, again, being very deliberate about the style and

1726
01:46:05,720 --> 01:46:11,680
 design, choosing high quality fixtures, finishes, and that's something we do in everything we

1727
01:46:11,680 --> 01:46:12,680
 develop.

1728
01:46:12,680 --> 01:46:19,520
 Our architects here, who just happens to be my cousin, the architecture firm is my father,

1729
01:46:19,520 --> 01:46:21,720
 my cousin and my brother.

1730
01:46:21,720 --> 01:46:26,320
 My grandfather is the one who started the firm and so architecture is something that

1731
01:46:26,320 --> 01:46:28,360
 has always been in my blood.

1732
01:46:28,360 --> 01:46:33,720
 Beautiful buildings are the fun part of this and so we take a lot of effort into design

1733
01:46:33,720 --> 01:46:38,320
 and we hope it shows through in those renderings.

1734
01:46:38,320 --> 01:46:39,320
 Why did we pick this site?

1735
01:46:39,320 --> 01:46:41,920
 I think it's important to understand that.

1736
01:46:41,920 --> 01:46:45,260
 We picked this site because of the surrounding amenities.

1737
01:46:45,260 --> 01:46:50,000
 When our residents are living there, we want to make sure that they're not living on an

1738
01:46:50,000 --> 01:46:51,000
 island.

1739
01:46:51,000 --> 01:46:54,600
 We're not putting them out in the middle of nowhere where there's not services, there's

1740
01:46:54,600 --> 01:46:57,040
 not walkability, connectability.

1741
01:46:57,040 --> 01:46:58,040
 Where do I want to live?

1742
01:46:58,040 --> 01:47:02,440
 Well, I picked a place that my wife and I live with our small child because I can walk

1743
01:47:02,440 --> 01:47:07,320
 to the hardware store, I can walk to the grocery store and that's an important part when we

1744
01:47:07,320 --> 01:47:11,320
 develop is picking sites that are deliberate because of amenities.

1745
01:47:11,320 --> 01:47:16,720
 This is one that maybe in first glance you'd say, "Well, it's kind of an interesting location

1746
01:47:16,720 --> 01:47:21,080
 and maybe I didn't think of it for this," but if you look at the amenities surrounding

1747
01:47:21,080 --> 01:47:26,000
 it and the walkability and just what those services are, it starts making a lot of sense.

1748
01:47:26,000 --> 01:47:29,880
 Obviously, you have the ones that jump out at you immediately, the elementary school

1749
01:47:29,880 --> 01:47:35,120
 and the parks just to the south which are literally two blocks away.

1750
01:47:35,120 --> 01:47:40,740
 Then you have a grocery store that is within, I'd say, four blocks away and it really starts

1751
01:47:40,740 --> 01:47:46,940
 making sense and hopefully shows a little bit of why we chose this.

1752
01:47:46,940 --> 01:47:53,840
 As also, Julie's soul and my thunder which is kind of great, but this is kind of showing

1753
01:47:53,840 --> 01:47:59,500
 the current zoning of those just to give you an understanding of what is there and obviously

1754
01:47:59,500 --> 01:48:02,920
 you all know what could be developed there.

1755
01:48:02,920 --> 01:48:09,080
 Again, when we're selecting sites, we are taking into consideration the directives you

1756
01:48:09,080 --> 01:48:14,500
 all and your community has put together on how you want things developed, so infill,

1757
01:48:14,500 --> 01:48:17,360
 making sure we're complying with comprehensive plan.

1758
01:48:17,360 --> 01:48:23,000
 There's certainly places where we have to be creative and deviate from all the requirements

1759
01:48:23,000 --> 01:48:28,520
 such as the entries and exits, but our goal is to hit as many and check as many boxes

1760
01:48:28,520 --> 01:48:32,560
 as possible because it isn't just to check the boxes.

1761
01:48:32,560 --> 01:48:36,120
 Those things better our residents and our residents' lives, so they're an important

1762
01:48:36,120 --> 01:48:38,280
 part of the development process to us.

1763
01:48:38,280 --> 01:48:45,520
 Again, you also talk through these different spaces already, on-site management, supportive

1764
01:48:45,520 --> 01:48:51,700
 services, community rooms, all of those things that you see typically in a market rate or

1765
01:48:51,700 --> 01:48:53,120
 affordable development.

1766
01:48:53,120 --> 01:48:57,560
 Again, we develop the spectrum and we don't treat our affordable developments any different

1767
01:48:57,560 --> 01:49:00,360
 than we do our high-end luxury stuff.

1768
01:49:00,360 --> 01:49:03,240
 Energy efficiency is an important part.

1769
01:49:03,240 --> 01:49:08,760
 As affordable, it's important to have affordable utilities, to not be hit with this massive

1770
01:49:08,760 --> 01:49:13,840
 water bill, sewer bill, electrical bill every month, but to make sure we're deliberate in

1771
01:49:13,840 --> 01:49:17,440
 choosing things that are energy efficient, so that resonates through with our entire

1772
01:49:17,440 --> 01:49:18,440
 design.

1773
01:49:18,440 --> 01:49:24,760
 Just to give you an idea on the layouts, because there are things that we take pride in and

1774
01:49:24,760 --> 01:49:29,000
 we don't just slap these layouts together, there are things that we deliberately look

1775
01:49:29,000 --> 01:49:31,240
 at throughout the years.

1776
01:49:31,240 --> 01:49:35,080
 While the exterior of our buildings are totally different, our units have been built over

1777
01:49:35,080 --> 01:49:41,160
 years in fine-tuning door swings and fine-tuning how does this operate with that, and the livability

1778
01:49:41,160 --> 01:49:44,840
 of our units is what we really strive to hit.

1779
01:49:44,840 --> 01:49:49,160
 You have 21 bedrooms, 28 two bedrooms, 12 three bedrooms.

1780
01:49:49,160 --> 01:49:54,960
 From an affordable perspective, we're targeting six units at the 30 percent area meeting income,

1781
01:49:54,960 --> 01:50:01,800
 22 units at 50 percent, 26 units at 60 percent, and we do have six market rate units.

1782
01:50:01,800 --> 01:50:08,560
 We like to see that broad spectrum of affordability and market rate all within one building, because

1783
01:50:08,560 --> 01:50:11,080
 you're providing housing at the end of the day.

1784
01:50:11,080 --> 01:50:15,320
 What somebody makes does not define them, so we want to be able to be a housing solution

1785
01:50:15,320 --> 01:50:20,520
 for everybody and that collaborative, "Oh, you live in an affordable complex."

1786
01:50:20,520 --> 01:50:21,800
 That's not the way we see it.

1787
01:50:21,800 --> 01:50:29,320
 Our communities are deliberate to target a wide group of people for that community aspect.

1788
01:50:29,320 --> 01:50:32,240
 That wraps up really my intro.

1789
01:50:32,240 --> 01:50:37,400
 Maggie, our architect's here to also answer any specific architectural questions.

1790
01:50:37,400 --> 01:50:40,800
 While I come from a family of architects, I am not an architect.

1791
01:50:40,800 --> 01:50:44,200
 I wasn't smart enough in school to do that.

1792
01:50:44,200 --> 01:50:48,520
 Then, unfortunately, our civil engineer, Andrea, is not here.

1793
01:50:48,520 --> 01:50:52,800
 She's on maternity leave doing more important things, even though we're trying to develop

1794
01:50:52,800 --> 01:50:53,800
 portal housing.

1795
01:50:53,800 --> 01:50:54,800
 That's a little more important.

1796
01:50:54,800 --> 01:50:59,280
 Douglas is actually here to answer any specific civil related questions.

1797
01:50:59,280 --> 01:51:04,800
 Unfortunately, our landscape architect and tree preservation specialist's daughter, she's

1798
01:51:04,800 --> 01:51:08,400
 at the rodeo tonight here in town, so she's unable to be here with us.

1799
01:51:08,400 --> 01:51:13,040
 I'm happy to answer any questions specifically related to the development ownership.

1800
01:51:13,040 --> 01:51:14,160
 We are long-term owners.

1801
01:51:14,160 --> 01:51:18,360
 We do not sell our properties, myself and my other business partner.

1802
01:51:18,360 --> 01:51:20,540
 I can tell you that is not our business model.

1803
01:51:20,540 --> 01:51:21,760
 We do not sell properties.

1804
01:51:21,760 --> 01:51:23,240
 We don't turn and burn.

1805
01:51:23,240 --> 01:51:27,280
 We're looking to be a member of your community, so I greatly appreciate your time this evening

1806
01:51:27,280 --> 01:51:29,560
 and your consideration.

1807
01:51:29,560 --> 01:51:30,560
 - Thank you so much.

1808
01:51:30,560 --> 01:51:32,160
 We do have a question for you on the floor.

1809
01:51:32,160 --> 01:51:33,160
 Commissioner Smith.

1810
01:51:33,160 --> 01:51:34,160
 - Thank you, Chair.

1811
01:51:34,160 --> 01:51:38,040
 Matt, you just said there you don't sell off your properties.

1812
01:51:38,040 --> 01:51:40,240
 Do you guys operate them after you build them?

1813
01:51:40,240 --> 01:51:41,240
 - Yes.

1814
01:51:41,240 --> 01:51:42,240
 - You own and operate them the same thing?

1815
01:51:42,240 --> 01:51:43,240
 - Yes.

1816
01:51:43,240 --> 01:51:46,040
 We have an internal asset management division that is constantly visiting the properties

1817
01:51:46,040 --> 01:51:47,520
 along with all of us.

1818
01:51:47,520 --> 01:51:49,760
 - And run leasing and all that stuff?

1819
01:51:49,760 --> 01:51:50,760
 - We're hands-on, yes.

1820
01:51:50,760 --> 01:51:51,760
 - Gotcha.

1821
01:51:51,760 --> 01:51:52,760
 Okay.

1822
01:51:52,760 --> 01:51:54,820
 - The only thing we do not do is construct them.

1823
01:51:54,820 --> 01:51:56,720
 We hire third-party general contractors.

1824
01:51:56,720 --> 01:51:59,140
 - Thank you.

1825
01:51:59,140 --> 01:52:03,200
 - Any other questions at this time for the applicant?

1826
01:52:03,200 --> 01:52:07,120
 I do have cards filled out from Maggie and Douglas.

1827
01:52:07,120 --> 01:52:12,000
 Did you all want to come up and speak, or this was all collectively?

1828
01:52:12,000 --> 01:52:13,000
 - Okay.

1829
01:52:13,000 --> 01:52:14,000
 - Yeah.

1830
01:52:14,000 --> 01:52:15,000
 It's all about not knowing, but if you have questions for them, yeah.

1831
01:52:15,000 --> 01:52:16,000
 - That sounds good.

1832
01:52:16,000 --> 01:52:17,000
 - Thank you.

1833
01:52:17,000 --> 01:52:18,000
 - Okay.

1834
01:52:18,000 --> 01:52:19,000
 Thank you very much.

1835
01:52:19,000 --> 01:52:22,360
 I do have another card I'm wishing to speak, Jennifer Lane.

1836
01:52:22,360 --> 01:52:23,840
 I'll invite you up to the podium.

1837
01:52:23,840 --> 01:52:31,560
 If you'll give your name and address, your time will begin.

1838
01:52:31,560 --> 01:52:34,960
 - My name is Jennifer Lane, and I live on Willowwood Street in Denton.

1839
01:52:34,960 --> 01:52:44,280
 I feel a little bit unprepared for this because I understand that there was some outreach

1840
01:52:44,280 --> 01:52:49,280
 to the neighborhood, but I didn't see any.

1841
01:52:49,280 --> 01:52:54,680
 I think it must be due to the season, perhaps, that there aren't more people engaged and

1842
01:52:54,680 --> 01:53:01,120
 involved, particularly in perhaps a community meeting that might be advisable.

1843
01:53:01,120 --> 01:53:06,920
 So I feel a little bit short in terms of process here, it seems like suddenly before the Planning

1844
01:53:06,920 --> 01:53:11,760
 and Zoning Commission for a public hearing with the public not necessarily, at least

1845
01:53:11,760 --> 01:53:16,360
 the public affected that lives in that area, aware.

1846
01:53:16,360 --> 01:53:24,720
 And I wonder if at least there might be some delay to genuinely bring the area residents

1847
01:53:24,720 --> 01:53:31,360
 into the discussion, mainly because I think although there's much to speak on behalf of

1848
01:53:31,360 --> 01:53:36,800
 what the gentleman presented, that some of the things that Julie presented, I think that

1849
01:53:36,800 --> 01:53:40,280
 the residents in the neighborhood might not entirely agree with.

1850
01:53:40,280 --> 01:53:46,360
 It was a very dense and thick presentation that she made and went by very quickly, but

1851
01:53:46,360 --> 01:53:50,840
 if I were to parse it out and take it apart, which I'd like to, I think I would find, and

1852
01:53:50,840 --> 01:53:57,080
 I think others in the area might find some questions that they would want to ask.

1853
01:53:57,080 --> 01:54:06,280
 Meanwhile, if it could be perhaps some time taken to allow the neighborhood, because it

1854
01:54:06,280 --> 01:54:11,680
 is a residential neighborhood, has been for a very long time, it is a zoned for residential

1855
01:54:11,680 --> 01:54:19,000
 area, I think it's zoned three and four in that area, so this would be quite a big change.

1856
01:54:19,000 --> 01:54:23,400
 I don't know necessarily that people would uniformly object to it, but I think they'll

1857
01:54:23,400 --> 01:54:27,840
 be pretty freaked out to have it passed and then suddenly discover it once kids are back

1858
01:54:27,840 --> 01:54:31,480
 in school and people are back to their regular lives and they look and say, "What happened?

1859
01:54:31,480 --> 01:54:32,820
 We weren't there.

1860
01:54:32,820 --> 01:54:34,560
 We didn't know."

1861
01:54:34,560 --> 01:54:39,440
 So that's basically what I would like to put before the Planning and Zoning Board is just

1862
01:54:39,440 --> 01:54:45,220
 their request to take a little time with this so that the neighborhood is either able to

1863
01:54:45,220 --> 01:54:50,120
 express objections or to get on board, because I think otherwise it could be a little bit

1864
01:54:50,120 --> 01:54:51,120
 of a backlash.

1865
01:54:51,120 --> 01:54:52,120
 That's it.

1866
01:54:52,120 --> 01:54:53,120
 Thank you, Jennifer.

1867
01:54:53,120 --> 01:54:54,120
 Any questions?

1868
01:54:54,120 --> 01:55:06,440
 Julie, I just want to ask, Julie, I need to clarify something that I read in the backup.

1869
01:55:06,440 --> 01:55:10,240
 I think you have in our backup where there was a neighborhood meeting.

1870
01:55:10,240 --> 01:55:11,240
 Yes.

1871
01:55:11,240 --> 01:55:15,840
 Can you clarify, and that, and yeah, if Matt needs to come down and ... Yes, the applicant

1872
01:55:15,840 --> 01:55:22,260
 did hold a neighborhood meeting and notification was sent out.

1873
01:55:22,260 --> 01:55:24,320
 Do you have your presentation there still?

1874
01:55:24,320 --> 01:55:28,920
 Because I think you have a notification slide.

1875
01:55:28,920 --> 01:55:31,920
 Absolutely.

1876
01:55:31,920 --> 01:55:39,420
 Let me ... There we go.

1877
01:55:39,420 --> 01:55:44,920
 So the red boundary is that 200-foot notification boundary, and then the 500-foot, which receives

1878
01:55:44,920 --> 01:55:48,720
 a postcard, is the blue boundary.

1879
01:55:48,720 --> 01:55:50,880
 Subject property is in yellow.

1880
01:55:50,880 --> 01:55:51,880
 Right.

1881
01:55:51,880 --> 01:55:52,880
 Okay.

1882
01:55:52,880 --> 01:55:53,880
 So 42 mail.

1883
01:55:53,880 --> 01:55:54,880
 Okay.

1884
01:55:54,880 --> 01:55:55,880
 Thanks, Julie.

1885
01:55:55,880 --> 01:56:00,880
 Yeah, Matt, I'm going to call you down just to ask that question of you so you can explain.

1886
01:56:00,880 --> 01:56:01,880
 Yeah.

1887
01:56:01,880 --> 01:56:02,880
 Thank you.

1888
01:56:02,880 --> 01:56:07,080
 Thank you for the opportunity to clarify that.

1889
01:56:07,080 --> 01:56:10,520
 I would certainly welcome the involvement and really, really do want that.

1890
01:56:10,520 --> 01:56:11,800
 I want to make that clear.

1891
01:56:11,800 --> 01:56:14,960
 So even no matter what the outcome of tonight is, I do want to connect with you and have

1892
01:56:14,960 --> 01:56:18,660
 the opportunity to talk, and especially with the neighborhood, because we do plan to be

1893
01:56:18,660 --> 01:56:22,800
 a community member, and so this isn't in tonight or tomorrow.

1894
01:56:22,800 --> 01:56:28,960
 So we did ... We always try to get as much involvement as possible, and everybody's really

1895
01:56:28,960 --> 01:56:34,660
 busy, and with COVID, it's been a little more difficult than normal, but just to give a

1896
01:56:34,660 --> 01:56:37,160
 quick recap.

1897
01:56:37,160 --> 01:56:40,360
 So we kind of started this process late last year.

1898
01:56:40,360 --> 01:56:52,080
 So December 29th, we reached out to John Weber, who obviously with Deniab Area Community Group

1899
01:56:52,080 --> 01:56:59,800
 also sent certified letter notification to the Tremont Circle HOA on the same date.

1900
01:56:59,800 --> 01:57:04,600
 Spoke with our council member, Jesse Davis, who also suggested we reach out to those folks

1901
01:57:04,600 --> 01:57:08,220
 so we again tried to reach back out immediately after that.

1902
01:57:08,220 --> 01:57:15,120
 Did have a resident support city county or city meeting on February 1st, where we received

1903
01:57:15,120 --> 01:57:20,120
 resolution support from city council on a development like this.

1904
01:57:20,120 --> 01:57:26,140
 And then on April 15th, we sent certified letters advertising our first neighborhood

1905
01:57:26,140 --> 01:57:33,040
 meeting to the surrounding residents per the address list that we received from Julie.

1906
01:57:33,040 --> 01:57:36,160
 So there was 163 of those sent out in total.

1907
01:57:36,160 --> 01:57:41,680
 And then we also did have a secondary ... So we had that neighborhood meeting on May 10th,

1908
01:57:41,680 --> 01:57:44,240
 which we did not have anybody show up to.

1909
01:57:44,240 --> 01:57:48,960
 We did stay on the line for the entire hour and a half and didn't have anybody pop on

1910
01:57:48,960 --> 01:57:49,960
 there.

1911
01:57:49,960 --> 01:57:54,880
 We did go ahead and have a secondary neighborhood meeting, so sent that certified mailing out

1912
01:57:54,880 --> 01:58:03,080
 June 1st and did have one person, Ms. Pat Jensen, who was able to be on and did have a discussion

1913
01:58:03,080 --> 01:58:04,080
 with her.

1914
01:58:04,080 --> 01:58:08,660
 And then obviously the notification that went out for the rezoning.

1915
01:58:08,660 --> 01:58:14,560
 One thing that ... Unfortunately, we are under a time crunch here because we just received

1916
01:58:14,560 --> 01:58:20,480
 this funding from Texas Department of Housing and Community Affairs in late July.

1917
01:58:20,480 --> 01:58:25,380
 So we received that funding and unfortunately the turnaround on that is very quick.

1918
01:58:25,380 --> 01:58:30,480
 So we have to be through the rezoning process and prove that up by the end of September

1919
01:58:30,480 --> 01:58:32,960
 or else we lose this funding.

1920
01:58:32,960 --> 01:58:37,780
 And it's not a, "Oh, try again next year," although you can try.

1921
01:58:37,780 --> 01:58:40,400
 This funding actually would go to a development in Dallas.

1922
01:58:40,400 --> 01:58:44,520
 So the funding, it's federal funding, it would leave the community.

1923
01:58:44,520 --> 01:58:47,280
 So that's the time crunch we're under.

1924
01:58:47,280 --> 01:58:53,240
 So really that September 20th is the last council meeting that gets us to that goal.

1925
01:58:53,240 --> 01:58:57,600
 It's a very quick turnaround, but just wanted to give that update and doing a connect with

1926
01:58:57,600 --> 01:58:58,600
 you afterwards.

1927
01:58:58,600 --> 01:58:59,600
 Okay.

1928
01:58:59,600 --> 01:59:03,300
 Thank you for that explanation.

1929
01:59:03,300 --> 01:59:08,440
 We are ... Let's see, I don't think council is going to hear this until the 20th of September.

1930
01:59:08,440 --> 01:59:14,720
 Do you have any plans to host anything further between now and then?

1931
01:59:14,720 --> 01:59:18,560
 I mean, we're the recommending body to city council and then they're going to hear it.

1932
01:59:18,560 --> 01:59:23,360
 Do you have plans or can you make plans to possibly?

1933
01:59:23,360 --> 01:59:28,120
 We don't and it was just simply because we didn't get the engagement on the first two

1934
01:59:28,120 --> 01:59:31,000
 neighbor meetings, but we are more than happy to do that.

1935
01:59:31,000 --> 01:59:32,000
 We would welcome that.

1936
01:59:32,000 --> 01:59:33,000
 So absolutely.

1937
01:59:33,000 --> 01:59:34,000
 Okay.

1938
01:59:34,000 --> 01:59:35,000
 Thank you.

1939
01:59:35,000 --> 01:59:38,980
 I appreciate your candid answers.

1940
01:59:38,980 --> 01:59:42,280
 Any other questions for the applicant?

1941
01:59:42,280 --> 01:59:48,240
 I don't have any more cards wishing to speak on this item, but anyone here in council chambers

1942
01:59:48,240 --> 01:59:53,040
 is welcome to speak on this item if they would like and they can fill a card out later.

1943
01:59:53,040 --> 01:59:55,280
 Is there anyone else wishing to speak?

1944
01:59:55,280 --> 02:00:03,120
 Ms. Lane, you already spoke on the item, so ... You can come up to the podium and ask

1945
02:00:03,120 --> 02:00:04,120
 your question.

1946
02:00:04,120 --> 02:00:05,120
 Yes.

1947
02:00:05,120 --> 02:00:10,480
 I think the main question that I have is perhaps why the neighborhood group didn't reach out

1948
02:00:10,480 --> 02:00:11,480
 to the neighbors.

1949
02:00:11,480 --> 02:00:16,600
 It's not on that ... In other circumstances, there is usually a newsletter that comes out

1950
02:00:16,600 --> 02:00:17,600
 once a month.

1951
02:00:17,600 --> 02:00:18,600
 There was nothing.

1952
02:00:18,600 --> 02:00:22,160
 It's not surprising to me that no one showed up because it sounds like the outreach failed.

1953
02:00:22,160 --> 02:00:27,240
 Also, there's a great question right now as to who the city council representative is

1954
02:00:27,240 --> 02:00:30,080
 for that neighborhood because that's in flux.

1955
02:00:30,080 --> 02:00:34,400
 One would have expected Allison McGuire to have been communicating with the neighborhood,

1956
02:00:34,400 --> 02:00:42,360
 but it's understandable why that may not have happened and why the developer spoke to a

1957
02:00:42,360 --> 02:00:47,280
 city councilor who hasn't been in close touch with that neighborhood and maybe didn't even

1958
02:00:47,280 --> 02:00:50,760
 think that now was the time to be in close touch.

1959
02:00:50,760 --> 02:00:55,200
 My feeling is that there probably will be some freaking out by the neighborhood if there

1960
02:00:55,200 --> 02:00:59,600
 isn't first more outreach to really find out what people feel.

1961
02:00:59,600 --> 02:01:05,280
 I think the applicant was very candid with you that he will definitely get with you,

1962
02:01:05,280 --> 02:01:08,000
 which would be great.

1963
02:01:08,000 --> 02:01:10,580
 As you know, we're the recommending body to city council.

1964
02:01:10,580 --> 02:01:16,620
 It will come before city council as a public hearing item that will have all forms of comment

1965
02:01:16,620 --> 02:01:19,840
 and public speaking available when they hear it as well.

1966
02:01:19,840 --> 02:01:20,840
 Thank you.

1967
02:01:20,840 --> 02:01:21,840
 Thank you.

1968
02:01:21,840 --> 02:01:22,840
 I'm glad I have it in today.

1969
02:01:22,840 --> 02:01:23,840
 Appreciate it.

1970
02:01:23,840 --> 02:01:30,280
 Is there anyone else wishing to speak on this item?

1971
02:01:30,280 --> 02:01:37,160
 With that, I will close the public hearing, and I will open the floor for discussion or

1972
02:01:37,160 --> 02:01:38,400
 a motion.

1973
02:01:38,400 --> 02:01:39,400
 Commissioner Smith.

1974
02:01:39,400 --> 02:01:40,400
 Thank you, Chair.

1975
02:01:40,400 --> 02:01:44,440
 Yeah, thanks to the applicant for the concerted efforts you guys did make out to the neighborhood.

1976
02:01:44,440 --> 02:01:49,640
 I talked to a few folks who live over there, and that Deena is pronounced by the way, just

1977
02:01:49,640 --> 02:01:51,800
 so you get a heads up on that.

1978
02:01:51,800 --> 02:01:54,120
 Don't do it at council, it'll get on you.

1979
02:01:54,120 --> 02:01:58,120
 But talk to some of the folks over there, Deena, and there's certainly some hesitation,

1980
02:01:58,120 --> 02:02:01,800
 but I think that doing another reach out, as Chair mentioned, would be good.

1981
02:02:01,800 --> 02:02:06,280
 But you guys did two opportunities with certified mail along with it, so I think you did your

1982
02:02:06,280 --> 02:02:07,280
 due diligence where you could.

1983
02:02:07,280 --> 02:02:10,200
 So with that, I make a motion to approve.

1984
02:02:10,200 --> 02:02:11,200
 Commissioner Cole.

1985
02:02:11,200 --> 02:02:12,200
 Second.

1986
02:02:12,200 --> 02:02:17,580
 Okay, we've got a first and a second for approval.

1987
02:02:17,580 --> 02:02:18,580
 Any discussion?

1988
02:02:18,580 --> 02:02:19,580
 Okay.

1989
02:02:19,580 --> 02:02:25,640
 And I will just echo what I said to you earlier and what Commissioner Smith just said.

1990
02:02:25,640 --> 02:02:30,320
 Deena's a very involved neighborhood group, so I'm surprised that you didn't get a response.

1991
02:02:30,320 --> 02:02:34,440
 I would encourage you to reach out again if you can.

1992
02:02:34,440 --> 02:02:39,880
 Obviously, you did your due diligence in having the meetings that you had went above and beyond

1993
02:02:39,880 --> 02:02:43,600
 in posting notifications and whatnot.

1994
02:02:43,600 --> 02:02:46,560
 So yes, thank you very much.

1995
02:02:46,560 --> 02:02:50,320
 With that, there's no further discussion.

1996
02:02:50,320 --> 02:02:52,560
 We'll go ahead and take a vote.

1997
02:02:52,560 --> 02:02:54,600
 Commissioner Smith.

1998
02:02:54,600 --> 02:02:57,600
 Aye.

1999
02:02:57,600 --> 02:02:58,600
 Commissioner Cole.

2000
02:02:58,600 --> 02:03:00,320
 Aye.

2001
02:03:00,320 --> 02:03:01,320
 Commissioner Villarreal.

2002
02:03:01,320 --> 02:03:02,600
 Aye.

2003
02:03:02,600 --> 02:03:03,600
 Commissioner Anderson.

2004
02:03:03,600 --> 02:03:04,760
 Aye.

2005
02:03:04,760 --> 02:03:05,760
 Commissioner McDade.

2006
02:03:05,760 --> 02:03:06,760
 Aye.

2007
02:03:06,760 --> 02:03:07,760
 Commissioner Pruitt.

2008
02:03:07,760 --> 02:03:08,760
 Aye.

2009
02:03:08,760 --> 02:03:10,280
 Chair is also an aye.

2010
02:03:10,280 --> 02:03:14,240
 That motion carries 7-0.

2011
02:03:14,240 --> 02:03:22,640
 That will move us to 5C, S21-0005.

2012
02:03:22,640 --> 02:03:24,800
 I will call Sean Jacobson.

2013
02:03:24,800 --> 02:03:26,480
 You are here for presentation.

2014
02:03:26,480 --> 02:03:29,200
 I will open the public hearing.

2015
02:03:29,200 --> 02:03:30,200
 Thank you, Chair and members of the Commission.

2016
02:03:30,200 --> 02:03:34,400
 I'm just opening my presentation here.

2017
02:03:34,400 --> 02:03:36,360
 All right.

2018
02:03:36,360 --> 02:03:40,400
 Good evening, Chair and members of the Planning and Zoning Commission.

2019
02:03:40,400 --> 02:03:47,040
 Sean Jacobson, Associate Planner, here to present S21-0005, the Teasley Lane Multifamily

2020
02:03:47,040 --> 02:03:48,040
 Development.

2021
02:03:48,040 --> 02:03:54,120
 This is a request for a specific use permit for a 95-dwelling unit multifamily building.

2022
02:03:54,120 --> 02:03:58,720
 The site is located on the west side of Teasley Lane, north of the intersection of Hickory

2023
02:03:58,720 --> 02:04:00,780
 Creek Road and Teasley Lane.

2024
02:04:00,780 --> 02:04:06,040
 This is within the Suburban Corridor Zoning District, which does permit multifamily development

2025
02:04:06,040 --> 02:04:10,480
 but does require a specific use permit for that use.

2026
02:04:10,480 --> 02:04:15,320
 So your task tonight is to assess that against our approval criteria for specific use permits.

2027
02:04:15,320 --> 02:04:20,960
 Just looking at our site plan here, this is a 95-unit building, four-story building, and

2028
02:04:20,960 --> 02:04:25,280
 in response to your question earlier, Chair, based on the way that we measure buildings

2029
02:04:25,280 --> 02:04:29,240
 that are built on slopes, which is we measure it at the midpoint between the highest and

2030
02:04:29,240 --> 02:04:34,160
 low point in the slope, the building measures 53 feet, 3 and 5/8 inches.

2031
02:04:34,160 --> 02:04:35,160
 Thank you, sir.

2032
02:04:35,160 --> 02:04:41,400
 This site does provide two open spaces with walking trails and benches, one of which connects

2033
02:04:41,400 --> 02:04:44,520
 to a patio area with tables and a grill.

2034
02:04:44,520 --> 02:04:49,160
 Overall, over 14,000 square feet of recreational open space is provided.

2035
02:04:49,160 --> 02:04:54,920
 The site is designed to avoid the floodplain and drainage easement on the site, so no development

2036
02:04:54,920 --> 02:05:02,000
 is proposed in those areas except for approved addition of trees and a walking trail.

2037
02:05:02,000 --> 02:05:07,900
 There is also an existing fence on the north line that is planned to be preserved.

2038
02:05:07,900 --> 02:05:12,840
 No new fences are permitted within that floodplain, but the existing fence is proposed to be left

2039
02:05:12,840 --> 02:05:13,840
 in place.

2040
02:05:13,840 --> 02:05:18,240
 There are 171 parking spaces provided, 75 of which will be in an underground parking

2041
02:05:18,240 --> 02:05:22,400
 garage in order to limit the paving required for this site.

2042
02:05:22,400 --> 02:05:28,000
 And the building is designed to meet our building standards, including with recesses, projections,

2043
02:05:28,000 --> 02:05:32,640
 balconies, and other architectural elements to break up the façade and highlight the

2044
02:05:32,640 --> 02:05:33,640
 entrances.

2045
02:05:33,640 --> 02:05:37,880
 I want to particularly discuss access and mobility.

2046
02:05:37,880 --> 02:05:43,080
 This site is designed with three points of vehicle access to TZ Lane through easements

2047
02:05:43,080 --> 02:05:45,280
 through the adjoining commercial properties.

2048
02:05:45,280 --> 02:05:52,640
 It does also provide primary pedestrian access to TZ Lane through the adjacent lots in an

2049
02:05:52,640 --> 02:05:53,640
 access easement.

2050
02:05:53,640 --> 02:05:56,920
 I just want to note that this site and the two in front of it were actually designed

2051
02:05:56,920 --> 02:06:02,160
 as an overall multi-phase development with the intent that easements would be used to

2052
02:06:02,160 --> 02:06:04,760
 provide access for that rear lot.

2053
02:06:04,760 --> 02:06:09,240
 So that has been part of the design from the beginning to connect with the existing access

2054
02:06:09,240 --> 02:06:14,000
 easements that were actually put in place many years prior at the time of the development

2055
02:06:14,000 --> 02:06:16,840
 of the sprouts to the south.

2056
02:06:16,840 --> 02:06:20,000
 Just want to note here that the site and the access are designed to enable pedestrians

2057
02:06:20,000 --> 02:06:25,120
 and vehicles to reach the surrounding commercial without needing to pull it onto TZ Lane.

2058
02:06:25,120 --> 02:06:31,160
 So residents here will be within walking distance of pharmacy, medical clinic, grocery store,

2059
02:06:31,160 --> 02:06:35,760
 restaurants, and other uses as well as within driving distance, which really does line up

2060
02:06:35,760 --> 02:06:41,820
 with our comprehensive plan goals of encouraging mobility, walkability, and reducing use of

2061
02:06:41,820 --> 02:06:45,160
 our streets where possible.

2062
02:06:45,160 --> 02:06:49,960
 And to specifically address Commissioner Smith's question from earlier, we did identify two

2063
02:06:49,960 --> 02:06:57,440
 locations in the city that have similar conditions, at 1-3200 South I-35E, where the access for

2064
02:06:57,440 --> 02:07:04,920
 this multifamily is through adjoining commercial lots on two sides, as well as on Fort Worth

2065
02:07:04,920 --> 02:07:10,040
 Drive where the access for the multifamily there is through the commercial that is situated

2066
02:07:10,040 --> 02:07:13,120
 along Fort Worth Drive.

2067
02:07:13,120 --> 02:07:15,760
 So two examples that we could find within the time gap.

2068
02:07:15,760 --> 02:07:22,920
 On our landscape plan here, the site shows that they are proposing landscape and tree

2069
02:07:22,920 --> 02:07:29,080
 canopy above our minimums, 30% in both cases, as well as trees above and beyond our requirements.

2070
02:07:29,080 --> 02:07:32,800
 You can see the buffers around the edges highlighted in green.

2071
02:07:32,800 --> 02:07:37,960
 I do want to note that on that west boundary, in addition to the minimum buffer requirements,

2072
02:07:37,960 --> 02:07:43,320
 there is also a six-foot fence proposed and additional ornamental trees above and beyond

2073
02:07:43,320 --> 02:07:45,700
 what our buffers require.

2074
02:07:45,700 --> 02:07:49,380
 As we noted, there are drainage and detention easements and floodplain on the northeast

2075
02:07:49,380 --> 02:07:54,580
 and northwest corners, which limit the amount of buffering that can be provided there.

2076
02:07:54,580 --> 02:07:58,880
 Our code actually does not require buffering within easements, but the applicant has proposed

2077
02:07:58,880 --> 02:08:04,660
 trees to the extent possible in those areas to provide buffering, as well as bushes and

2078
02:08:04,660 --> 02:08:10,160
 trees just outside the floodplain on that southeast corner, which is at a higher elevation

2079
02:08:10,160 --> 02:08:12,520
 to provide buffering where possible.

2080
02:08:12,520 --> 02:08:18,200
 And the applicant is preserving trees above and beyond our required minimum.

2081
02:08:18,200 --> 02:08:21,720
 So as you know, it's important that we always consider our comprehensive plan and whether

2082
02:08:21,720 --> 02:08:24,680
 a proposal aligns with that.

2083
02:08:24,680 --> 02:08:29,560
 According to our future land use map, this is a community mixed-use primary land use

2084
02:08:29,560 --> 02:08:35,120
 designation that's designed primarily for commercial uses with complementary residential

2085
02:08:35,120 --> 02:08:39,940
 and other uses, and this proposed development would help to provide that complementary residential

2086
02:08:39,940 --> 02:08:45,560
 use within the overall community mixed-use area to support the adjacent commercial uses.

2087
02:08:45,560 --> 02:08:52,280
 It's also located along one of the corridor-focused areas designated by Denton Plan 2040 and helps

2088
02:08:52,280 --> 02:08:57,160
 to further our goal of encouraging compact growth along that major corridor and aligns

2089
02:08:57,160 --> 02:09:02,440
 with many of our urban design principles for buildings that are situated along those corridors.

2090
02:09:02,440 --> 02:09:07,160
 It does also help to further our mobility goals by providing that safe, efficient movement

2091
02:09:07,160 --> 02:09:12,480
 of vehicles, pedestrians by putting residents within walking distance of places that they

2092
02:09:12,480 --> 02:09:16,880
 might otherwise have to drive to shopping, employment, so it's consistent with our compact

2093
02:09:16,880 --> 02:09:22,240
 growth framework and with our preferred growth concept shift towards more mixed-use development,

2094
02:09:22,240 --> 02:09:27,140
 putting compatible residential, commercial, institutional together in ways that increases

2095
02:09:27,140 --> 02:09:30,480
 pedestrian activity and reduces those car trips.

2096
02:09:30,480 --> 02:09:34,620
 So overall, the proposed development does align with both our future land use map and

2097
02:09:34,620 --> 02:09:38,320
 some of our additional comprehensive plan goals.

2098
02:09:38,320 --> 02:09:40,760
 It's also important to look at compatibility with the surrounding area.

2099
02:09:40,760 --> 02:09:45,520
 We've discussed some of the buffering that's provided adjacent to the surrounding residential,

2100
02:09:45,520 --> 02:09:50,360
 but it's also important to consider compatibility with kind of the surrounding development as

2101
02:09:50,360 --> 02:09:51,680
 a whole.

2102
02:09:51,680 --> 02:09:56,780
 So let's look at how this site fits with the overall development pattern in this area.

2103
02:09:56,780 --> 02:10:01,320
 This is situated within an SC-zoned area that begins at the intersection of Teasley Land

2104
02:10:01,320 --> 02:10:04,640
 and Hickory Creek and extends north to this site.

2105
02:10:04,640 --> 02:10:10,960
 Within this area, bounded by two primary arterials, commercial uses have developed or are currently

2106
02:10:10,960 --> 02:10:11,960
 developing.

2107
02:10:11,960 --> 02:10:16,040
 The proposed multifamily would bring a supportive residential use to complete this as a true

2108
02:10:16,040 --> 02:10:17,720
 mixed-use area.

2109
02:10:17,720 --> 02:10:22,480
 So overall, the proposed use is compatible with the established pattern of development

2110
02:10:22,480 --> 02:10:25,900
 within this mixed-use area.

2111
02:10:25,900 --> 02:10:30,000
 We do also need to look at adequate public facilities, so a traffic impact analysis was

2112
02:10:30,000 --> 02:10:35,840
 performed actually on the combined three sites, so the two commercial sites in front and the

2113
02:10:35,840 --> 02:10:36,840
 multifamily.

2114
02:10:36,840 --> 02:10:40,920
 And that did determine that there would be no significant traffic impact on surrounding

2115
02:10:40,920 --> 02:10:42,920
 intersections from this proposed development.

2116
02:10:42,920 --> 02:10:47,200
 And so keep in mind that cross-connectivity actually helps to reduce that traffic impact

2117
02:10:47,200 --> 02:10:52,500
 on surrounding intersection by providing other ways to reach sites within that.

2118
02:10:52,500 --> 02:10:56,480
 There are five-foot wide pedestrian connections to the public sidewalk.

2119
02:10:56,480 --> 02:11:02,840
 There is a public park within 0.6 miles of this development, as well as on-site amenities.

2120
02:11:02,840 --> 02:11:06,280
 And I do want to bring up, there was a question asked in one of the neighborhood meetings,

2121
02:11:06,280 --> 02:11:11,000
 some concerns raised about this site potentially generating additional trespassing calls.

2122
02:11:11,000 --> 02:11:15,800
 And so I did reach out to our police research division and our community resource folks.

2123
02:11:15,800 --> 02:11:21,360
 They did not have data to indicate a direct correlation between the addition of multifamily

2124
02:11:21,360 --> 02:11:24,560
 and an increase in trespassing calls in the surrounding neighborhood.

2125
02:11:24,560 --> 02:11:29,520
 And overall, given the information available, the police department did not have concerns

2126
02:11:29,520 --> 02:11:31,800
 about this development.

2127
02:11:31,800 --> 02:11:37,560
 We did do standard public outreach and received responses in opposition in favor.

2128
02:11:37,560 --> 02:11:41,960
 So with that, overall staff does recommend approval with the conditions provided in your

2129
02:11:41,960 --> 02:11:44,920
 AIS, which are shown here.

2130
02:11:44,920 --> 02:11:50,940
 Essentially, they incorporate the site plan and landscape plan into the ordinance, lay

2131
02:11:50,940 --> 02:11:55,720
 out those architectural features that need to be a part of the building design, and provide

2132
02:11:55,720 --> 02:12:01,360
 some limited flexibility for administrative approvals of minor modifications to the plan.

2133
02:12:01,360 --> 02:12:02,560
 So with that, that is my presentation.

2134
02:12:02,560 --> 02:12:04,760
 I'll be happy to stand for any questions.

2135
02:12:04,760 --> 02:12:05,760
 Thank you, Sean.

2136
02:12:05,760 --> 02:12:06,760
 It looks like we do.

2137
02:12:06,760 --> 02:12:07,760
 Commissioner Smith.

2138
02:12:07,760 --> 02:12:10,760
 Thank you, Chair.

2139
02:12:10,760 --> 02:12:16,800
 Sean, thanks for pulling up those examples.

2140
02:12:16,800 --> 02:12:23,400
 I actually don't agree with those examples in the response that the Avocca coffee roasters

2141
02:12:23,400 --> 02:12:29,400
 and that the other businesses right there at that 377 development, the entry and access

2142
02:12:29,400 --> 02:12:32,720
 to that multifamily runs along the side of that.

2143
02:12:32,720 --> 02:12:36,280
 The other one you referenced was the multifamily that's over next to Cinemark that connects

2144
02:12:36,280 --> 02:12:42,720
 into Buckees, and it has that nugget way road that operates like a road there where the

2145
02:12:42,720 --> 02:12:47,960
 parking and the entrance into and out of Buckees is really what would be the concern, other

2146
02:12:47,960 --> 02:12:52,280
 than folks going through the Buckees area for the gas pumps, they're not going through

2147
02:12:52,280 --> 02:12:55,400
 where pedestrian crosses, so I still think it's a little bit different.

2148
02:12:55,400 --> 02:12:59,520
 A good one to bring up, and this brings up a constructive point and a question.

2149
02:12:59,520 --> 02:13:05,360
 One that I thought of in between WorkSession and now was actually the development where

2150
02:13:05,360 --> 02:13:12,240
 Best Buy and HomeGoods and all that stuff is over there between Spencer and 288.

2151
02:13:12,240 --> 02:13:17,400
 Went up in town, and none of us who grew up here took the Spencer to 288 cut through,

2152
02:13:17,400 --> 02:13:21,280
 maybe to go to buy Chipotle or do whatever else it is, but we cut through there.

2153
02:13:21,280 --> 02:13:24,840
 There are speed bumps in that parking lot that does slow and create some traffic mitigation

2154
02:13:24,840 --> 02:13:27,720
 to give pedestrians some safety.

2155
02:13:27,720 --> 02:13:32,560
 What predicates the need for a speed bump at a parking lot, and then to tie that into

2156
02:13:32,560 --> 02:13:36,680
 this piece, if there is connectivity between there going to Hickory Creek, which I agree

2157
02:13:36,680 --> 02:13:40,680
 I think dumping everything else on Teasley, and that has another question, isn't maybe

2158
02:13:40,680 --> 02:13:47,000
 the best thing for traffic, but what can predicate us to be able to put together a need for speed

2159
02:13:47,000 --> 02:13:51,120
 bumps or some other speed mitigation through that commercial parking lot area if it's not

2160
02:13:51,120 --> 02:13:52,120
 owned by the applicant?

2161
02:13:52,120 --> 02:13:55,760
 Any insight you can give me there?

2162
02:13:55,760 --> 02:14:01,840
 My understanding is that our fire department actually tends to discourage the use of speed

2163
02:14:01,840 --> 02:14:02,840
 bumps.

2164
02:14:02,840 --> 02:14:09,160
 They have some significant concerns about the delays that that can cause in fire response.

2165
02:14:09,160 --> 02:14:15,120
 In general, the goal has been to use those as little as possible and look for other means

2166
02:14:15,120 --> 02:14:21,660
 of managing that, so definitely that's something that they've expressed more of a concern about

2167
02:14:21,660 --> 02:14:26,560
 rather than a desire to increase the presence of those.

2168
02:14:26,560 --> 02:14:31,080
 I get that on whenever we've had in the past, we've had fire come and talk to us about traffic

2169
02:14:31,080 --> 02:14:35,200
 mitigation tools like that, like emergency access gates or using speed bumps.

2170
02:14:35,200 --> 02:14:42,200
 I get the impediment that speed bumps creates emergency services when it's an isolated location

2171
02:14:42,200 --> 02:14:46,160
 like the Best Buy area where there's not really ... If something happens at Best Buy, you need

2172
02:14:46,160 --> 02:14:47,880
 to get an ambulance there.

2173
02:14:47,880 --> 02:14:53,360
 You got nothing other than speed bumps to get to it, but in this property specifically,

2174
02:14:53,360 --> 02:14:58,480
 with the Hickory Creek access through Sprouts, there would be four points of ingress and egress,

2175
02:14:58,480 --> 02:15:03,320
 so it wouldn't be the only point of ingress and egress, it wouldn't create an isolation

2176
02:15:03,320 --> 02:15:05,480
 for emergency services.

2177
02:15:05,480 --> 02:15:10,520
 To that point, I would still say don't think it necessarily creates an issue other than

2178
02:15:10,520 --> 02:15:15,880
 access to maybe Sprouts in the commercial areas there, but it still creates a safety

2179
02:15:15,880 --> 02:15:21,760
 issue in my opinion there, but I think that point's been made, so I'll move on.

2180
02:15:21,760 --> 02:15:27,640
 What is the latest on the ... Teasley is about halfway through done being completed on its

2181
02:15:27,640 --> 02:15:28,640
 expansion.

2182
02:15:28,640 --> 02:15:32,400
 I meant to ask this in a work session, do you have any other timeline about how much

2183
02:15:32,400 --> 02:15:39,480
 longer that widening is being still worked on, I know it's about halfway through now.

2184
02:15:39,480 --> 02:15:43,120
 I have to admit I do not know that number off the top of my head, I'll happily defer

2185
02:15:43,120 --> 02:15:49,240
 if I don't know the exact timeline for that, and I know sometimes that timeline can vary

2186
02:15:49,240 --> 02:15:50,240
 even for the folks directly involved.

2187
02:15:50,240 --> 02:15:56,160
 Sure, Teasley's had its own problems, I get it, so all right, that works, thank you.

2188
02:15:56,160 --> 02:15:58,560
 Any other questions for Shawn at this time?

2189
02:15:58,560 --> 02:16:02,720
 I do not see any, Shawn, is the applicant here?

2190
02:16:02,720 --> 02:16:04,840
 Yes, and the applicant does have a presentation.

2191
02:16:04,840 --> 02:16:08,960
 Okay, very good, I don't think I have a card for them, but I'll go ahead and invite them

2192
02:16:08,960 --> 02:16:10,760
 up before we get to our speakers.

2193
02:16:10,760 --> 02:16:21,720
 Okay, I'll go ahead and open that right here.

2194
02:16:21,720 --> 02:16:24,320
 Good evening, if you'll give us your name and address, then your time will begin.

2195
02:16:24,320 --> 02:16:28,240
 Sure, good evening commissioners, my name is Blake Carlson, I'm an architect with Design

2196
02:16:28,240 --> 02:16:33,720
 Resources Group, first I want to thank Shawn for a good presentation and just working through

2197
02:16:33,720 --> 02:16:40,320
 things with him, it's been a lot of issues and questions to bring this forward and I

2198
02:16:40,320 --> 02:16:45,400
 just appreciate Shawn's help with that, and I appreciate your time tonight.

2199
02:16:45,400 --> 02:16:55,200
 So just have some slides and some images I want to go through, again, with Design Resources

2200
02:16:55,200 --> 02:17:02,120
 Group and Christians in Companies, we've been in development over 25 years, we've done over

2201
02:17:02,120 --> 02:17:07,400
 4 million square feet of commercial real estate development across 10 states, over 5,000 residential

2202
02:17:07,400 --> 02:17:17,160
 lots have been developed by our company, 2,700 multi-family units, we typically own and operate

2203
02:17:17,160 --> 02:17:25,120
 all the units that we build, we have in-house construction, we have in-house leasing, in-house

2204
02:17:25,120 --> 02:17:36,340
 management, this would be a long-term ownership property for us, just moving on, I want to

2205
02:17:36,340 --> 02:17:41,920
 just get into a little bit more of the site design, Shawn did a good job of just summarizing

2206
02:17:41,920 --> 02:17:50,400
 the area, maybe just a few things to note here, this is as it exists, oh, a few months

2207
02:17:50,400 --> 02:17:56,720
 ago here before construction started, I just want to note, of course Teasley Lane to the

2208
02:17:56,720 --> 02:18:02,280
 east there, commercial center to the south with all the various grocery, restaurant,

2209
02:18:02,280 --> 02:18:11,360
 medical, pharmacy, car washes, a car wash is being constructed there as well, it's residential

2210
02:18:11,360 --> 02:18:19,680
 to the west and northwest, just the property itself as we're looking at the site, there's

2211
02:18:19,680 --> 02:18:24,800
 a lot of heritage oak trees there that we've been working to preserve, as many of those

2212
02:18:24,800 --> 02:18:30,880
 as we can, there's a hillside that we're also trying to incorporate into the design

2213
02:18:30,880 --> 02:18:38,840
 in a good way, the gas well buffer was mentioned and the floodplain, so I think it's a very

2214
02:18:38,840 --> 02:18:45,840
 beautiful site, it's a challenging site and we think this is a good use for the area,

2215
02:18:45,840 --> 02:18:52,280
 just a good location for a mix of uses, as was mentioned, the community mixed use, zoning,

2216
02:18:52,280 --> 02:18:59,960
 future designation, and we think a multifamily unit is a good buffer between the residential

2217
02:18:59,960 --> 02:19:05,040
 areas and the commercial areas along Teasley.

2218
02:19:05,040 --> 02:19:13,860
 This is an image of the Platte, we purchased the slightly over six acres in 2020, subdivided

2219
02:19:13,860 --> 02:19:23,080
 it into the three lots, as I mentioned building a car wash on lot one, Einstein Brothers is

2220
02:19:23,080 --> 02:19:31,120
 about to start construction for lot two, and again the way we divided this lot up was to

2221
02:19:31,120 --> 02:19:40,640
 have that higher use commercial along Teasley and then with it being such a deep lot, putting

2222
02:19:40,640 --> 02:19:44,720
 the housing towards the back.

2223
02:19:44,720 --> 02:19:50,800
 This is an image again showing the site plan, more specifically the landscaping, as Sean

2224
02:19:50,800 --> 02:19:56,640
 showed this similar slide as well, again to highlight the accesses.

2225
02:19:56,640 --> 02:20:02,480
 From Teasley here, if you can follow my mouse here, we see this is sort of the front door

2226
02:20:02,480 --> 02:20:11,000
 access to the development as you're driving in.

2227
02:20:11,000 --> 02:20:16,540
 There are actually, there's underground parking in it and there's actually two garage doors

2228
02:20:16,540 --> 02:20:21,600
 to get in, one on the north end here, there is one on the south end as well.

2229
02:20:21,600 --> 02:20:27,040
 So just working with what was platted there to the south with the easement and the need

2230
02:20:27,040 --> 02:20:37,920
 for fire access through the site, that's kind of what drove the access for it.

2231
02:20:37,920 --> 02:20:45,400
 Just to note, if somebody didn't want to drive through the retail area, you can take a right

2232
02:20:45,400 --> 02:20:55,480
 and go on the backside of sprouts as well to avoid that.

2233
02:20:55,480 --> 02:21:04,280
 Kim was mentioned on the west here, we've been talking with a neighbor here about our

2234
02:21:04,280 --> 02:21:10,920
 proposed buffering, I don't know if Kim is here tonight, but again, we're adding a solid

2235
02:21:10,920 --> 02:21:19,120
 fence, we're adding large canopy trees, ornamental trees and hedges there.

2236
02:21:19,120 --> 02:21:32,240
 It's about 100 feet from the property line to the building in this spot.

2237
02:21:32,240 --> 02:21:39,940
 To the east there's hedges and ornamental trees for buffering as well.

2238
02:21:39,940 --> 02:21:48,160
 Spoke with some of the neighbors of the housing development to the north recently and they

2239
02:21:48,160 --> 02:21:52,400
 brought up some concerns, I know a number of them are here tonight.

2240
02:21:52,400 --> 02:22:00,840
 From that meeting we just understood the desire to separate off that pond area from our development,

2241
02:22:00,840 --> 02:22:06,140
 understanding that that's a private pond, a private walking path.

2242
02:22:06,140 --> 02:22:12,280
 So there is an existing fence there, we were going to take it down, but we're happy to

2243
02:22:12,280 --> 02:22:13,280
 leave it.

2244
02:22:13,280 --> 02:22:22,640
 There's some limitations on putting new fencing in that area.

2245
02:22:22,640 --> 02:22:33,240
 We also added some trees in that area in response to our meeting with the neighbors there.

2246
02:22:33,240 --> 02:22:38,160
 Other amenities were mentioned, the patios are a walking trail, an open space.

2247
02:22:38,160 --> 02:22:42,160
 We think it's kind of a park-like development here.

2248
02:22:42,160 --> 02:22:46,520
 There's a lot of green space, a lot of trees.

2249
02:22:46,520 --> 02:22:51,060
 Site plan here, we won't go into that, it's just a similar view, just highlighting some

2250
02:22:51,060 --> 02:22:53,600
 of the buffers.

2251
02:22:53,600 --> 02:23:01,320
 There's a retaining wall and portion of this buffer area as well, a walking path, the existing

2252
02:23:01,320 --> 02:23:03,080
 fence.

2253
02:23:03,080 --> 02:23:16,600
 Again, just to highlight a lot of green space, a lot of trees that we're preserving, preserving

2254
02:23:16,600 --> 02:23:23,280
 as much of the topography as we can, and then the pedestrian connections to especially the

2255
02:23:23,280 --> 02:23:31,320
 south retail center for people that can walk there as well in a safe way.

2256
02:23:31,320 --> 02:23:36,440
 Just a few images of 3D views of the development here.

2257
02:23:36,440 --> 02:23:38,640
 This is the car wash that's going up right now.

2258
02:23:38,640 --> 02:23:44,120
 This is Einstein Bagels, should be starting soon.

2259
02:23:44,120 --> 02:23:46,040
 This clinic is now almost done.

2260
02:23:46,040 --> 02:23:53,080
 Looks like it's by a separate developer, we didn't get that in the rendering here.

2261
02:23:53,080 --> 02:24:02,080
 95 units, this front view is kind of the Teasley entrance view.

2262
02:24:02,080 --> 02:24:11,000
 Just walk around the site here, this is the southwest, looking from Teasley, again you

2263
02:24:11,000 --> 02:24:17,000
 see that many of these trees are existing trees.

2264
02:24:17,000 --> 02:24:21,040
 It's a hillside area, we're also adding trees to it as well.

2265
02:24:21,040 --> 02:24:29,400
 This is that back area, the back entrance with exit out to the Sprouts commercial area.

2266
02:24:29,400 --> 02:24:37,360
 There's a buffer fence along that wall as well, along that property line as well.

2267
02:24:37,360 --> 02:24:47,240
 On the backside here from the southwest, again you can see that buffer wall, the trees, ornamental

2268
02:24:47,240 --> 02:24:54,480
 and canopy trees as well as hedges.

2269
02:24:54,480 --> 02:24:59,640
 This is from the northwest, and this is a floodplain area as was mentioned.

2270
02:24:59,640 --> 02:25:06,040
 We're limited in what we can do in there, but we can do a gravel walking trail around

2271
02:25:06,040 --> 02:25:15,500
 there, adding more trees along there, keeping the existing fence in place as well.

2272
02:25:15,500 --> 02:25:22,880
 Just some views of the building itself, and to note again the grade change with building

2273
02:25:22,880 --> 02:25:30,080
 kind of into the hill that's there as you go around the building, as you drive around

2274
02:25:30,080 --> 02:25:34,480
 the building, it goes down about a half story.

2275
02:25:34,480 --> 02:25:39,360
 The building was designed to break up the massing as was mentioned in the code, use

2276
02:25:39,360 --> 02:25:44,040
 of quality materials, 40% masonry per the code.

2277
02:25:44,040 --> 02:25:53,280
 This is a market rate building, we're not seeking any subsidies on it.

2278
02:25:53,280 --> 02:26:04,160
 These will be nice quality units for professionals, working class, not non-subsidized.

2279
02:26:04,160 --> 02:26:08,680
 Just some other views of the front, the patio area.

2280
02:26:08,680 --> 02:26:15,440
 One of the many we were discussing was the possibility of adding a playground.

2281
02:26:15,440 --> 02:26:26,280
 We're open to that idea if that's the desire of the commission here to add a playground

2282
02:26:26,280 --> 02:26:28,280
 in that area.

2283
02:26:28,280 --> 02:26:38,680
 Some of the trees and park-like grassy areas, this is the back, southeast side, the back

2284
02:26:38,680 --> 02:26:40,680
 garage door coming in.

2285
02:26:40,680 --> 02:26:42,760
 Am I running out of time here?

2286
02:26:42,760 --> 02:26:44,480
 Is that the bell?

2287
02:26:44,480 --> 02:26:48,960
 Let me just show you, just give me like 30 seconds more here.

2288
02:26:48,960 --> 02:26:51,120
 This is a view, if that's okay?

2289
02:26:51,120 --> 02:26:52,120
 Yeah.

2290
02:26:52,120 --> 02:26:53,120
 Okay.

2291
02:26:53,120 --> 02:26:54,120
 Please.

2292
02:26:54,120 --> 02:26:58,480
 This is from that pond area where we're adding the buffering and just kind of the view that

2293
02:26:58,480 --> 02:27:05,520
 you'd see from the lake.

2294
02:27:05,520 --> 02:27:09,560
 This was just a quick Google image of ... I Googled this apartments, this might not be

2295
02:27:09,560 --> 02:27:16,120
 all of them, but just to note, along Teasley, it's about a mile north to this Hunter's Creek,

2296
02:27:16,120 --> 02:27:21,200
 not quite a mile to the Hickory Creek Ranch apartments.

2297
02:27:21,200 --> 02:27:32,540
 We think this is located in a good spot for multi-family use.

2298
02:27:32,540 --> 02:27:38,040
 I guess Sean addressed a lot of the questions at the work session.

2299
02:27:38,040 --> 02:27:43,400
 I don't know if there was any that he didn't hit on.

2300
02:27:43,400 --> 02:27:44,680
 I'm happy to answer any questions.

2301
02:27:44,680 --> 02:27:49,280
 I also have my civil engineers here with Weir Associates to answer any technical questions

2302
02:27:49,280 --> 02:27:50,280
 you might have.

2303
02:27:50,280 --> 02:27:51,280
 Thank you again.

2304
02:27:51,280 --> 02:27:52,280
 Thank you for your consideration.

2305
02:27:52,280 --> 02:27:54,120
 I'll stand for any questions.

2306
02:27:54,120 --> 02:27:55,120
 Thank you very much.

2307
02:27:55,120 --> 02:27:56,120
 Commissioner Smith.

2308
02:27:56,120 --> 02:27:57,120
 Thank you, Chair.

2309
02:27:57,120 --> 02:28:00,040
 I didn't catch your last name, I'm sorry.

2310
02:28:00,040 --> 02:28:01,040
 Carlson.

2311
02:28:01,040 --> 02:28:04,040
 Carlson, Mr. Carlson.

2312
02:28:04,040 --> 02:28:08,100
 Would you or the applicant be amenable to putting maybe a stop sign there at the entrance

2313
02:28:08,100 --> 02:28:10,000
 to the commercial area?

2314
02:28:10,000 --> 02:28:15,240
 That ingress there, you see where your little sign says to retail area, it's retail center.

2315
02:28:15,240 --> 02:28:17,920
 Would you guys be amenable to putting a stop sign there, a four-way stop sign?

2316
02:28:17,920 --> 02:28:19,720
 We wouldn't have a problem with that at all.

2317
02:28:19,720 --> 02:28:25,120
 I'll talk to, I'll ask Sean that question here in a minute.

2318
02:28:25,120 --> 02:28:29,240
 To your point about the apartments in that area, there are, I believe, at least two other

2319
02:28:29,240 --> 02:28:34,280
 complexes that are in development over there, so I can totally get that neighborhood's concern

2320
02:28:34,280 --> 02:28:37,800
 about number of apartments, that kind of thing, because there are two other along Teasley

2321
02:28:37,800 --> 02:28:41,600
 that are developing there that might be just important to know.

2322
02:28:41,600 --> 02:28:42,600
 Development looks good.

2323
02:28:42,600 --> 02:28:47,160
 I think just with the combination of all the commercial uses in front of the apartment

2324
02:28:47,160 --> 02:28:52,000
 complex and then the apartment and the occupancy of the apartments there, it just, it seems

2325
02:28:52,000 --> 02:28:53,000
 like a safety hazard.

2326
02:28:53,000 --> 02:28:55,440
 I don't see people jumping behind sprouts to get down to Hickory.

2327
02:28:55,440 --> 02:29:00,000
 I'm just going to see that when we're in a car as we just do, what is the path of least

2328
02:29:00,000 --> 02:29:05,160
 resistance, and so creating some sort of resistance to protect patrons to and from sprouts.

2329
02:29:05,160 --> 02:29:09,280
 I mean, there's literally a Kroger here in town called Murder Kroger for the purpose

2330
02:29:09,280 --> 02:29:13,640
 of people drive through that parking lot to get to all the other businesses instead of

2331
02:29:13,640 --> 02:29:17,440
 getting onto a very busy highway of university.

2332
02:29:17,440 --> 02:29:22,120
 They jump through the parking lot of Kroger and it's dangerous, and so I think your development's

2333
02:29:22,120 --> 02:29:23,120
 great.

2334
02:29:23,120 --> 02:29:24,120
 I think it looks awesome.

2335
02:29:24,120 --> 02:29:30,880
 Just public safety is a big part for me on this project, so anything you'd say to that.

2336
02:29:30,880 --> 02:29:36,520
 I guess site design is where we'd get into further details on exactly how those crossings

2337
02:29:36,520 --> 02:29:42,320
 work with pedestrians and adding stop signs and things like that where we're open to whatever

2338
02:29:42,320 --> 02:29:43,680
 makes the most sense.

2339
02:29:43,680 --> 02:29:47,280
 Well, this being an SUP, you would definitely probably include that as a condition is to

2340
02:29:47,280 --> 02:29:51,200
 put a stop sign there, but I think that'd be a discussion for us as a commission to

2341
02:29:51,200 --> 02:29:52,200
 have here later.

2342
02:29:52,200 --> 02:29:53,200
 But thank you.

2343
02:29:53,200 --> 02:29:56,400
 Appreciate it.

2344
02:29:56,400 --> 02:30:02,120
 Any other questions at this time for Mr. Carlson?

2345
02:30:02,120 --> 02:30:05,960
 I do not see any, but we may call on you later.

2346
02:30:05,960 --> 02:30:07,640
 Thank you very much.

2347
02:30:07,640 --> 02:30:14,160
 Mr. Smith, I did get an answer on your Teasley Lane completion.

2348
02:30:14,160 --> 02:30:21,600
 So between Geyer and Lillian Miller, the expected completion is October/November this year.

2349
02:30:21,600 --> 02:30:22,600
 Okay.

2350
02:30:22,600 --> 02:30:26,220
 So, I mean, I wouldn't put any money on that, but ...

2351
02:30:26,220 --> 02:30:30,400
 Even if it's October/November of next year, I don't think that this project was approved

2352
02:30:30,400 --> 02:30:32,720
 to be up by then, but okay, got it.

2353
02:30:32,720 --> 02:30:33,720
 Thank you.

2354
02:30:33,720 --> 02:30:36,920
 There's a little light at the end of the tunnel, maybe.

2355
02:30:36,920 --> 02:30:43,200
 We've got several cards to speak, so we'll get started with that.

2356
02:30:43,200 --> 02:30:55,400
 The first card I have is Frankie Nichols.

2357
02:30:55,400 --> 02:30:59,120
 If you will state your name and address, then your time will begin.

2358
02:30:59,120 --> 02:31:00,120
 Frankie Nichols.

2359
02:31:00,120 --> 02:31:05,960
 So my concern is that we have a lot of people walking around a pond.

2360
02:31:05,960 --> 02:31:08,660
 I live in that neighborhood.

2361
02:31:08,660 --> 02:31:12,760
 We take pride in the neighborhood.

2362
02:31:12,760 --> 02:31:15,680
 There's just all kinds of safety issues.

2363
02:31:15,680 --> 02:31:25,960
 Kids, people coming on our side, and a fence is not going to keep people out.

2364
02:31:25,960 --> 02:31:30,760
 Just like this cute little fence that's right here, on that buffer right there.

2365
02:31:30,760 --> 02:31:36,080
 There's this fence, you see where it ends, all you have to do is go around it, and they

2366
02:31:36,080 --> 02:31:37,080
 own our pond.

2367
02:31:37,080 --> 02:31:43,520
 We already have people that come all around Denton to fish.

2368
02:31:43,520 --> 02:31:51,800
 I don't mind to fish them, but they leave trash, they leave dead fish on the ... Nobody

2369
02:31:51,800 --> 02:31:56,580
 respects our area, because it's not theirs.

2370
02:31:56,580 --> 02:32:01,600
 So my concern is, it's just going to be a lot more people.

2371
02:32:01,600 --> 02:32:09,120
 That's just going to add to the drainage issue, it's going to add to trash issue, population

2372
02:32:09,120 --> 02:32:20,240
 around our pond, because we pay for the pond to get clean, the grass to get cut, sidewalk,

2373
02:32:20,240 --> 02:32:25,880
 all that stuff, and it's just like, are they going to help us out?

2374
02:32:25,880 --> 02:32:31,960
 We pay for that HOA, so it's just, to me, it's not fair, because they could just mosey

2375
02:32:31,960 --> 02:32:32,960
 on over there.

2376
02:32:32,960 --> 02:32:37,160
 Plus, our infrastructure sucks already, as it is with our sewer.

2377
02:32:37,160 --> 02:32:43,560
 It totally does, and just to see more houses just pop up in the apartment complexes, to

2378
02:32:43,560 --> 02:32:45,560
 me, it's not good.

2379
02:32:45,560 --> 02:32:54,880
 Why can't we put a park there, instead of more houses?

2380
02:32:54,880 --> 02:33:03,800
 I've lived here 14, 13 years, and it's crazy, population has went up like crazy, but to

2381
02:33:03,800 --> 02:33:12,760
 me, I don't approve of this, because it looks cute, I like it, but their selling point on

2382
02:33:12,760 --> 02:33:16,640
 this farm right there, by the veg buffer, by the pond, they're going to make money off

2383
02:33:16,640 --> 02:33:17,640
 of that.

2384
02:33:17,640 --> 02:33:21,200
 We ain't going to see that money, but they're going to be like, "Pom, dude."

2385
02:33:21,200 --> 02:33:24,360
 They're not going to ... We ain't going to get money off that.

2386
02:33:24,360 --> 02:33:31,080
 The first and second, third floor, they got trees, but the high level, they got the pond,

2387
02:33:31,080 --> 02:33:32,080
 dude.

2388
02:33:32,080 --> 02:33:38,120
 At the end of the day, to me, I don't approve of it, and this boils down to just money and

2389
02:33:38,120 --> 02:33:43,760
 greed on other people's part, with bringing something like this in here.

2390
02:33:43,760 --> 02:33:49,400
 I guarantee you, these people will just turn a burner, build it, and see you.

2391
02:33:49,400 --> 02:33:52,480
 Right now, there's a lot of whole trees left.

2392
02:33:52,480 --> 02:33:56,080
 I look every day, they're cutting trees down, knocking trees down.

2393
02:33:56,080 --> 02:33:57,080
 There's nothing left.

2394
02:33:57,080 --> 02:33:58,080
 They're gone.

2395
02:33:58,080 --> 02:34:06,320
 - Thank you, Mr. Nichols.

2396
02:34:06,320 --> 02:34:23,080
 Next card I have is Nina Nichols.

2397
02:34:23,080 --> 02:34:27,400
 Hello.

2398
02:34:27,400 --> 02:34:28,400
 - Hi.

2399
02:34:28,400 --> 02:34:29,400
 I can't find my phone.

2400
02:34:29,400 --> 02:34:30,400
 I sent you an email, and you responded.

2401
02:34:30,400 --> 02:34:31,400
 I appreciate it.

2402
02:34:31,400 --> 02:34:34,000
 I was going to just read my email.

2403
02:34:34,000 --> 02:34:35,960
 I'm Nina Nichols.

2404
02:34:35,960 --> 02:34:43,360
 I live at 2313 Fairmount Park Drive, which is directly across from the pond, basically

2405
02:34:43,360 --> 02:34:50,160
 across from where they're showing the exiting fence.

2406
02:34:50,160 --> 02:35:00,200
 We will have a nice view, being sarcastic of the apartment complex.

2407
02:35:00,200 --> 02:35:08,360
 I have several issues with the apartments, talking about the traffic issue.

2408
02:35:08,360 --> 02:35:17,100
 If they're using the pharmacy, or anybody trying to take a left-hand turn out of here,

2409
02:35:17,100 --> 02:35:19,080
 we have a lot of traffic problems with that.

2410
02:35:19,080 --> 02:35:23,680
 There's no lights right here coming out of any of these places.

2411
02:35:23,680 --> 02:35:30,200
 They have to go further down to Hickory Creek.

2412
02:35:30,200 --> 02:35:37,560
 I hear a lot of squealing tires from the pharmacy.

2413
02:35:37,560 --> 02:35:39,800
 Our HOA does maintain the pond.

2414
02:35:39,800 --> 02:35:48,760
 We have the pool right there that will be in view, and our park that our HOA has paid

2415
02:35:48,760 --> 02:35:52,040
 for.

2416
02:35:52,040 --> 02:35:57,200
 The concern is having people come over from the apartments to use our facilities and our

2417
02:35:57,200 --> 02:36:03,160
 amenities that our HOA, that we're paying for.

2418
02:36:03,160 --> 02:36:09,960
 Our HOA fees, luckily, we built the house, so we've been there for a while.

2419
02:36:09,960 --> 02:36:18,320
 They haven't had to go up, but if we're having more damage being done to the pool, because

2420
02:36:18,320 --> 02:36:23,060
 we have had a little bit of a problem with that this summer, with neighbors coming from

2421
02:36:23,060 --> 02:36:29,400
 across the street, and for our fees could go up.

2422
02:36:29,400 --> 02:36:38,080
 We try to maintain people at the pool, attendees, to make sure that only residents are coming

2423
02:36:38,080 --> 02:36:43,120
 into the pool, but they're only on the weekend, because we can't.

2424
02:36:43,120 --> 02:36:48,080
 There's not enough funds to pay to have somebody there all the time.

2425
02:36:48,080 --> 02:36:52,800
 I think the other issue, of course, like I said, is the view.

2426
02:36:52,800 --> 02:37:03,440
 I mean, a 53-foot building in the area, I'm trying to think of something else that's taller

2427
02:37:03,440 --> 02:37:06,160
 around us.

2428
02:37:06,160 --> 02:37:12,960
 It will be the tallest building that I can think of within the next, I don't know how

2429
02:37:12,960 --> 02:37:15,080
 many blocks.

2430
02:37:15,080 --> 02:37:23,000
 Then, talking about 95 units, I mean, I would say an additional 200 cars coming out of there

2431
02:37:23,000 --> 02:37:34,440
 on a Teasley Lane that's with no traffic lights is going to be a problem.

2432
02:37:34,440 --> 02:37:41,320
 Also, this exiting fence, I have an issue with, too.

2433
02:37:41,320 --> 02:37:46,400
 Because it's a flood plain, I have been told they can't put up permanent fencing between

2434
02:37:46,400 --> 02:37:54,900
 us and the pond, which will not keep people out.

2435
02:37:54,900 --> 02:38:00,560
 Our pond is a sidewalk all the way around, so we have a lot of people that walk it for

2436
02:38:00,560 --> 02:38:06,240
 exercise, walk the dog, everything else.

2437
02:38:06,240 --> 02:38:07,240
 Thank you.

2438
02:38:07,240 --> 02:38:09,400
 I know my bell rang.

2439
02:38:09,400 --> 02:38:11,400
 Nana, thank you for sharing your thoughts.

2440
02:38:11,400 --> 02:38:12,400
 Thank you.

2441
02:38:12,400 --> 02:38:13,400
 Thanks for reading my email.

2442
02:38:13,400 --> 02:38:16,840
 You're welcome.

2443
02:38:16,840 --> 02:38:18,800
 Next card I have is Erin Maxwell.

2444
02:38:18,800 --> 02:38:19,800
 Hi.

2445
02:38:19,800 --> 02:38:24,760
 If you'll state your name and address, your time will begin.

2446
02:38:24,760 --> 02:38:25,760
 Hi.

2447
02:38:25,760 --> 02:38:26,760
 My name is Dr. Erin Maxwell.

2448
02:38:26,760 --> 02:38:28,480
 I live on Belmont Park Drive.

2449
02:38:28,480 --> 02:38:34,120
 My biggest concern with this development is safety, so contrary to what Mr. Sean said

2450
02:38:34,120 --> 02:38:41,200
 about the rise in crime, there actually is some statistics to back that up.

2451
02:38:41,200 --> 02:38:48,440
 I read a study, it was done in Little Rock, if there's a multi-development type place

2452
02:38:48,440 --> 02:38:56,600
 going in within 1,000 feet, there is an increase in personal crime ... What did they call it?

2453
02:38:56,600 --> 02:39:00,440
 They called it property crime as well as violent crime.

2454
02:39:00,440 --> 02:39:03,920
 As a mother, I'm extremely concerned about the safety of my children.

2455
02:39:03,920 --> 02:39:05,040
 There's a park there.

2456
02:39:05,040 --> 02:39:06,040
 There's no park in this development.

2457
02:39:06,040 --> 02:39:09,440
 People are going to walk over and infiltrate.

2458
02:39:09,440 --> 02:39:13,160
 They're going to use our facilities that we're paying for.

2459
02:39:13,160 --> 02:39:17,920
 I'm concerned about my HOA fees going up so that these people can make some money.

2460
02:39:17,920 --> 02:39:19,720
 That's not fair.

2461
02:39:19,720 --> 02:39:23,880
 Also worried about the property value going down.

2462
02:39:23,880 --> 02:39:27,280
 As a homeowner, that's not anything that anybody wants.

2463
02:39:27,280 --> 02:39:29,040
 You pay for your home.

2464
02:39:29,040 --> 02:39:30,640
 It's important to you.

2465
02:39:30,640 --> 02:39:37,680
 Those are my biggest concerns, safety and ... Yeah, mostly safety and crime.

2466
02:39:37,680 --> 02:39:41,680
 I think that's a huge problem that we need to pay more attention to.

2467
02:39:41,680 --> 02:39:44,480
 That's all I have to say.

2468
02:39:44,480 --> 02:39:45,480
 Thank you.

2469
02:39:45,480 --> 02:39:46,480
 Thank you, Erin.

2470
02:39:46,480 --> 02:39:52,240
 Next card I have is Stephanie Neuhardt.

2471
02:39:52,240 --> 02:39:54,240
 Hello.

2472
02:39:54,240 --> 02:39:58,400
 Good evening.

2473
02:39:58,400 --> 02:40:02,300
 Thank you again for taking my call this afternoon.

2474
02:40:02,300 --> 02:40:08,000
 I will probably have to have the buzzer called on me because I am passionate about this project.

2475
02:40:08,000 --> 02:40:15,960
 As of the time that I printed this afternoon, I have obtained 232 signatures against this.

2476
02:40:15,960 --> 02:40:20,200
 Contrary to what the report said on notifications that went out, if you actually look at the

2477
02:40:20,200 --> 02:40:26,240
 notification bullet, and my house is right there on the top left corner, it actually

2478
02:40:26,240 --> 02:40:30,960
 only hit a couple of residential areas, it went to commercial properties.

2479
02:40:30,960 --> 02:40:35,240
 There's about six to eight houses that are residential that it actually hit.

2480
02:40:35,240 --> 02:40:36,480
 Our community had no idea.

2481
02:40:36,480 --> 02:40:40,640
 I obtained these signatures in less than 48 hours.

2482
02:40:40,640 --> 02:40:41,940
 This is for our community.

2483
02:40:41,940 --> 02:40:47,240
 This is for Wheeler Ridge, and this is for Forest Meadow.

2484
02:40:47,240 --> 02:40:53,120
 Part of the information that was stated was that this property was going to be complementary

2485
02:40:53,120 --> 02:40:55,240
 to the surrounding areas.

2486
02:40:55,240 --> 02:40:59,720
 Ninety-five units on a four-story building is egregious.

2487
02:40:59,720 --> 02:41:01,320
 It is not complementary.

2488
02:41:01,320 --> 02:41:04,140
 There is nothing around it for miles.

2489
02:41:04,140 --> 02:41:09,600
 It's going from a commercial area to a low residential area.

2490
02:41:09,600 --> 02:41:13,900
 Ninety-five units is not low residential at all.

2491
02:41:13,900 --> 02:41:14,900
 It's not a segue.

2492
02:41:14,900 --> 02:41:20,520
 It is not a bridge to the commercial buildings next to it.

2493
02:41:20,520 --> 02:41:26,520
 I want to note that Casey Holdings, who is building this development, they're located

2494
02:41:26,520 --> 02:41:31,000
 in Fargo, North Dakota, they have no intentions of improving Denton.

2495
02:41:31,000 --> 02:41:35,000
 We love Denton, and the money that is being made from this is not going back into our

2496
02:41:35,000 --> 02:41:36,000
 community.

2497
02:41:36,000 --> 02:41:38,880
 It's going back into theirs.

2498
02:41:38,880 --> 02:41:42,320
 Things that are going to be affected are our HOA dues and our amenities.

2499
02:41:42,320 --> 02:41:45,320
 He stated a playground earlier today, and that was only because I had a call with him

2500
02:41:45,320 --> 02:41:51,980
 last week and mentioned that they are offering no amenities to 95 units.

2501
02:41:51,980 --> 02:41:54,560
 They're going to be utilizing our parks.

2502
02:41:54,560 --> 02:41:56,600
 That's a liability to us.

2503
02:41:56,600 --> 02:41:58,340
 It is for residents only.

2504
02:41:58,340 --> 02:42:06,440
 Their only offering was to put it more postage that it's private residents.

2505
02:42:06,440 --> 02:42:07,600
 That's not going to keep anybody out.

2506
02:42:07,600 --> 02:42:11,500
 I'm going to tell you that if I were living in that apartment unit, I would walk over.

2507
02:42:11,500 --> 02:42:14,000
 The walking trails that they posted on this are a joke.

2508
02:42:14,000 --> 02:42:18,400
 I couldn't even fit my house inside their walking trail.

2509
02:42:18,400 --> 02:42:22,440
 When right next door is our beautiful walking trails in our ponds, they're going to utilize

2510
02:42:22,440 --> 02:42:23,440
 it.

2511
02:42:23,440 --> 02:42:27,920
 We shouldn't have to call and utilize our resources and our police department in order

2512
02:42:27,920 --> 02:42:33,920
 to facilitate keeping them away from us and the crimes that are going to be committed,

2513
02:42:33,920 --> 02:42:37,920
 because contrary to what they stated, they only looked at trespassing.

2514
02:42:37,920 --> 02:42:39,520
 They didn't actually look at true crime data.

2515
02:42:39,520 --> 02:42:44,120
 I talked to a police officer today who is going to pull me those numbers, because most

2516
02:42:44,120 --> 02:42:47,640
 of their calls do come from apartment units.

2517
02:42:47,640 --> 02:42:52,000
 It is going to go up especially with zero barrier between us, including those barriers.

2518
02:42:52,000 --> 02:42:57,280
 They are doing sound and visual barriers on three of their sides, but none of them affect

2519
02:42:57,280 --> 02:42:58,280
 us.

2520
02:42:58,280 --> 02:43:01,000
 We will have zero barrier between them, no buffer.

2521
02:43:01,000 --> 02:43:03,360
 We're going to be able to see them, we're going to be able to hear them, they're going

2522
02:43:03,360 --> 02:43:04,920
 to be able to access us.

2523
02:43:04,920 --> 02:43:08,240
 Because of where my property is located, half of that community is going to be able to see

2524
02:43:08,240 --> 02:43:10,880
 in my children's backyard.

2525
02:43:10,880 --> 02:43:11,920
 That's not okay.

2526
02:43:11,920 --> 02:43:13,620
 I can't have a privacy fence.

2527
02:43:13,620 --> 02:43:18,800
 They're going to be able to walk up to my children and have conversations with them

2528
02:43:18,800 --> 02:43:20,720
 while they're playing in their backyard.

2529
02:43:20,720 --> 02:43:22,720
 Those are things that are not okay.

2530
02:43:22,720 --> 02:43:30,700
 I didn't get buzzed, but we're not okay with this.

2531
02:43:30,700 --> 02:43:33,600
 If I had more time, I could get more signatures.

2532
02:43:33,600 --> 02:43:35,120
 The community does not want this.

2533
02:43:35,120 --> 02:43:40,760
 They do not think that it's complimentary.

2534
02:43:40,760 --> 02:43:43,760
 >> Thank you, Stephanie.

2535
02:43:43,760 --> 02:43:47,720
 >> Thank you.

2536
02:43:47,720 --> 02:43:50,560
 [ Applause ]

2537
02:43:50,560 --> 02:43:56,800
 >> The next card I have is Stephanie Ortega.

2538
02:43:56,800 --> 02:44:06,000
 >> Hello, I'm Stephanie Ortega.

2539
02:44:06,000 --> 02:44:13,640
 I live at 2205 Fairmount Park Drive, which is facing this.

2540
02:44:13,640 --> 02:44:19,240
 My husband and I paid a premium for our lot to have the pond view, which is now going

2541
02:44:19,240 --> 02:44:23,800
 to be looking in the balconies of whomever is living in this building.

2542
02:44:23,800 --> 02:44:30,520
 To piggyback off of what the other Stephanie said, next door, I'm on next door with all

2543
02:44:30,520 --> 02:44:36,040
 of our other neighbors, many, many, many crime calls from the new apartments that's down

2544
02:44:36,040 --> 02:44:39,360
 the road near Geyer.

2545
02:44:39,360 --> 02:44:46,620
 It's going to bring crime, and there needs to be -- there's a barbed wire fence there.

2546
02:44:46,620 --> 02:44:48,880
 That is not a barrier.

2547
02:44:48,880 --> 02:44:54,160
 And to piggyback again, they'll all come, use our amenities, our HOA fees will go up,

2548
02:44:54,160 --> 02:45:00,800
 our property values will go down, and I'm paying a lot of tax to the city.

2549
02:45:00,800 --> 02:45:06,640
 So I am opposed to this for all the reasons that everyone here is.

2550
02:45:06,640 --> 02:45:08,600
 And I did not get a mailer.

2551
02:45:08,600 --> 02:45:10,600
 I can see this.

2552
02:45:10,600 --> 02:45:16,640
 I can walk less than a half a mile to this, and I didn't get a postcard.

2553
02:45:16,640 --> 02:45:17,640
 Nobody asked me.

2554
02:45:17,640 --> 02:45:20,880
 I found out about this yesterday.

2555
02:45:20,880 --> 02:45:25,480
 Because Stephanie posted it with her petition, which I signed.

2556
02:45:25,480 --> 02:45:28,640
 So thank you.

2557
02:45:28,640 --> 02:45:34,240
 >> Thank you, Stephanie.

2558
02:45:34,240 --> 02:45:39,800
 Next card I have is Bob Ashley.

2559
02:45:39,800 --> 02:45:51,960
 >> Hi, Mr. Ashley.

2560
02:45:51,960 --> 02:45:52,960
 >> Hi.

2561
02:45:52,960 --> 02:45:53,960
 Good afternoon.

2562
02:45:53,960 --> 02:45:54,960
 I just had some eye surgery.

2563
02:45:54,960 --> 02:46:00,000
 My name is Robert Ashley, and I'm at 2309 Fairmont Park Drive.

2564
02:46:00,000 --> 02:46:08,760
 I too live right across the pond from this development that I'm very much against for

2565
02:46:08,760 --> 02:46:11,680
 various reasons.

2566
02:46:11,680 --> 02:46:18,900
 Number one, I believe I heard out of the architect's mind that they shoehorned this apartment complex

2567
02:46:18,900 --> 02:46:21,960
 into that four-acre lot.

2568
02:46:21,960 --> 02:46:30,120
 And that alone has to tell you right off the bat what kind of planning was put into it.

2569
02:46:30,120 --> 02:46:35,840
 The architecture concepts that's up there doesn't show you what that lot actually looks

2570
02:46:35,840 --> 02:46:36,840
 at.

2571
02:46:36,840 --> 02:46:46,680
 On the back of the almost completed car wash that's there, there's 20-foot, say 15-foot

2572
02:46:46,680 --> 02:46:53,360
 cement walls that go straight up to the trees that are above that facility.

2573
02:46:53,360 --> 02:46:58,360
 That hilltop is actually taller than the car wash that's presently there.

2574
02:46:58,360 --> 02:47:02,500
 What this view shows you is nice plateaus.

2575
02:47:02,500 --> 02:47:04,300
 It's not the way it is.

2576
02:47:04,300 --> 02:47:11,840
 From our side of the pond, a 53-foot tall building is something that just sticks out

2577
02:47:11,840 --> 02:47:12,840
 egregiously.

2578
02:47:12,840 --> 02:47:15,800
 I mean, it's just something you can't miss it.

2579
02:47:15,800 --> 02:47:21,000
 When we moved into this facility, there was a beautiful hillside that was there.

2580
02:47:21,000 --> 02:47:24,160
 I know we have to count on progress.

2581
02:47:24,160 --> 02:47:27,040
 That's all been literally ripped down.

2582
02:47:27,040 --> 02:47:32,560
 All the animals have been left to run other places and live.

2583
02:47:32,560 --> 02:47:38,120
 Now we have an Einstein Bagels, which I like very much, next to the community pharmacy

2584
02:47:38,120 --> 02:47:44,720
 that I do occasionally use, in a car wash that I probably never use.

2585
02:47:44,720 --> 02:47:51,300
 In that car wash actually is the prime view that these apartment people are going to see.

2586
02:47:51,300 --> 02:47:55,800
 It's wrapped around the back end of a car wash.

2587
02:47:55,800 --> 02:48:06,840
 That's what they get to see from the amenities of picnic tables and charcoal lots.

2588
02:48:06,840 --> 02:48:09,600
 Those are the amenities that they talk about there.

2589
02:48:09,600 --> 02:48:17,480
 If you look at the architect concept of their walking trails, the one walking trail that's

2590
02:48:17,480 --> 02:48:22,680
 on the north end could fit inside of this room.

2591
02:48:22,680 --> 02:48:23,680
 It's there.

2592
02:48:23,680 --> 02:48:26,060
 It also shows you a pond that's there.

2593
02:48:26,060 --> 02:48:27,360
 It looks like a swimming pool.

2594
02:48:27,360 --> 02:48:28,440
 It's a pond.

2595
02:48:28,440 --> 02:48:31,960
 What that is is a silt runoff from the parking lot.

2596
02:48:31,960 --> 02:48:38,240
 Whenever you put this many facilities into a field like this, you just load it up with

2597
02:48:38,240 --> 02:48:39,280
 cement.

2598
02:48:39,280 --> 02:48:42,720
 That water has to run someplace.

2599
02:48:42,720 --> 02:48:47,000
 We happen to have this nice silt pond that the city said, in order for the subdivision

2600
02:48:47,000 --> 02:48:53,640
 to be built, you have to build this silt pond that keeps the runoff.

2601
02:48:53,640 --> 02:48:58,580
 From the neighboring areas, it helps to stop the floodplain.

2602
02:48:58,580 --> 02:49:08,120
 This floodplain is a 100-year floodplain, which I just say four or five times a year it floods.

2603
02:49:08,120 --> 02:49:14,560
 Four or five times a year, whenever we have a two-inch rain like we just recently had,

2604
02:49:14,560 --> 02:49:16,880
 that pond floods.

2605
02:49:16,880 --> 02:49:20,480
 Now we have the runoff coming from Teasley.

2606
02:49:20,480 --> 02:49:23,600
 We have the runoff coming from Community Pharmacy.

2607
02:49:23,600 --> 02:49:28,160
 We've got the runoff coming from the car wash.

2608
02:49:28,160 --> 02:49:34,480
 Now we've got the runoff coming from 177 parking spaces of nothing but cement.

2609
02:49:34,480 --> 02:49:35,580
 Where's this water going?

2610
02:49:35,580 --> 02:49:37,880
 It's not soaking in the ground.

2611
02:49:37,880 --> 02:49:43,520
 It's not going to be held by this little bitty pond that they show here, the silt pond.

2612
02:49:43,520 --> 02:49:48,680
 If you look at this silt pond, drive by there and look at it, they've got a nice dam area

2613
02:49:48,680 --> 02:49:52,760
 in it with an exhaust pipe for the overflow.

2614
02:49:52,760 --> 02:49:59,520
 That overflow dead ends right in back of the silt pond, which is dead-ended in the field.

2615
02:49:59,520 --> 02:50:04,520
 The only thing that stops all those papers and that mud and that silt from running into

2616
02:50:04,520 --> 02:50:11,040
 our pond that we pay for maintenance is a barbed wire fence.

2617
02:50:11,040 --> 02:50:17,240
 That's the only thing that's there that they tell me now that we cannot have.

2618
02:50:17,240 --> 02:50:18,940
 I'm one of the HOA board members.

2619
02:50:18,940 --> 02:50:23,080
 One of the considerations we had was, "Well, maybe we can build an eight-foot chain link

2620
02:50:23,080 --> 02:50:26,520
 fence there to stop the people from coming onto our property."

2621
02:50:26,520 --> 02:50:32,560
 Well, we can't do that because of the 100-year flood plate says that you cannot add any new

2622
02:50:32,560 --> 02:50:35,040
 fencing into that area.

2623
02:50:35,040 --> 02:50:43,680
 I know my time is up, but I am so opposed to this, safety reasons.

2624
02:50:43,680 --> 02:50:46,400
 Hopefully you guys go to Sprout's parking lot once in a while.

2625
02:50:46,400 --> 02:50:49,840
 This facility hasn't even started being built.

2626
02:50:49,840 --> 02:50:55,040
 You go to the dog supermarket there, park in their parking lot.

2627
02:50:55,040 --> 02:51:00,120
 When you want to back out, see how long it takes you to back your car into the lane because

2628
02:51:00,120 --> 02:51:06,600
 of all the traffic that's existing there right now between the Wendy's and the people going

2629
02:51:06,600 --> 02:51:07,600
 into Sprout's.

2630
02:51:07,600 --> 02:51:13,200
 That parking lot is full, and we're going to add another couple hundred people in there

2631
02:51:13,200 --> 02:51:14,200
 and say it's safe.

2632
02:51:14,200 --> 02:51:22,840
 The last thing I do want to say, which I find really kind of appalling for P&Z, is that

2633
02:51:22,840 --> 02:51:32,200
 if you look at the overall site map that you have here, right by Stephanie's house and

2634
02:51:32,200 --> 02:51:36,760
 at the end of our subdivision are two gas wells.

2635
02:51:36,760 --> 02:51:42,040
 These two gas wells, you can't build a housing within 500 feet of gas well.

2636
02:51:42,040 --> 02:51:49,440
 Well, it just happens that this apartment building is approximately 500 feet of gas

2637
02:51:49,440 --> 02:51:50,440
 well.

2638
02:51:50,440 --> 02:51:52,400
 That makes it better.

2639
02:51:52,400 --> 02:51:59,000
 I'm going to have to ask you to end, Mr. Ashley, because your time is up and I've got other

2640
02:51:59,000 --> 02:52:00,000
 cards.

2641
02:52:00,000 --> 02:52:01,000
 Okay.

2642
02:52:01,000 --> 02:52:08,200
 It's dangerous now, so what we don't want to do, is add another 95 units right in the

2643
02:52:08,200 --> 02:52:09,200
 danger zone.

2644
02:52:09,200 --> 02:52:10,200
 Thank you.

2645
02:52:10,200 --> 02:52:14,720
 [applause]

2646
02:52:14,720 --> 02:52:20,920
 Next card I have is Maria Piatto.

2647
02:52:20,920 --> 02:52:33,080
 Hello, if you'll state your name and address, your time will begin.

2648
02:52:33,080 --> 02:52:34,080
 Yes.

2649
02:52:34,080 --> 02:52:39,520
 My name is Maria Piatto, and I live at 2201 Fairmount, right in front of the construction

2650
02:52:39,520 --> 02:52:45,240
 site, so I'm going to face this monstrous building.

2651
02:52:45,240 --> 02:52:50,000
 They were saying I'm concerned about these things, so I'm concerned about the drainage.

2652
02:52:50,000 --> 02:52:56,040
 Right now, the pond does flood, and we're adding 95 units, and if you have a family

2653
02:52:56,040 --> 02:53:00,960
 of four, that's 380 people.

2654
02:53:00,960 --> 02:53:08,400
 The carwash drainage would also drain to the pond, since that's a floodplain, and I live

2655
02:53:08,400 --> 02:53:11,840
 in front of the pond, so I'm concerned about the flooding.

2656
02:53:11,840 --> 02:53:18,920
 Buffering, I'm also concerned about buffering, so I took a picture of the little fence that

2657
02:53:18,920 --> 02:53:27,000
 we have that separates the construction site and us, and nothing separates their building

2658
02:53:27,000 --> 02:53:33,120
 from ours, so they're going to walk across and use our amenities, since they don't have

2659
02:53:33,120 --> 02:53:37,760
 any amenities, and they said that they wanted to add a trail and maybe a playground, but

2660
02:53:37,760 --> 02:53:42,520
 it's not set in stone that they will do that, since they have our amenities across that

2661
02:53:42,520 --> 02:53:48,640
 little barbed wire fence, and then they were talking about preferred growth concept, but

2662
02:53:48,640 --> 02:53:52,000
 they forgot to add that they're going to increase crime.

2663
02:53:52,000 --> 02:53:58,080
 There's going to be a lot more people, apartments, across our single family home, and I was listening

2664
02:53:58,080 --> 02:54:00,280
 to the people that presented previously.

2665
02:54:00,280 --> 02:54:09,160
 They had four acres, and they were applying for four single home dwellings, but this is

2666
02:54:09,160 --> 02:54:15,000
 a four acre lot that has 95 units, and it's going to be crammed in such a small area,

2667
02:54:15,000 --> 02:54:21,400
 and I don't understand how that area was approved, or this specific use permit is going to be

2668
02:54:21,400 --> 02:54:27,560
 approved for an area that's surrounded by commercial zones, so I'm not sure how that

2669
02:54:27,560 --> 02:54:28,560
 worked.

2670
02:54:28,560 --> 02:54:36,280
 And then another thing is their further goal is to increase the walking distance to the

2671
02:54:36,280 --> 02:54:40,960
 commercial things, but they didn't say that they're going to also increase the walking

2672
02:54:40,960 --> 02:54:52,960
 distance to our amenities, and then, let's see what else, oh another thing, about the

2673
02:54:52,960 --> 02:54:59,400
 underground parking lot, that is a red flag that they're trying to make a building work

2674
02:54:59,400 --> 02:55:01,100
 in such a small area.

2675
02:55:01,100 --> 02:55:06,480
 They had to go and dig underground in order to make parking spots available in such a

2676
02:55:06,480 --> 02:55:12,360
 small area, so I'm concerned that they're trying to build something so massively big,

2677
02:55:12,360 --> 02:55:18,800
 or so massive, in such a small area in front of a community that has an HOA and that has

2678
02:55:18,800 --> 02:55:22,320
 a beautiful view towards Teasley Lane.

2679
02:55:22,320 --> 02:55:30,740
 I've lived there 15 years, and Teasley has always had a traffic issue, so 380 more people

2680
02:55:30,740 --> 02:55:36,000
 is going to have more, I mean it's going to bring us more traffic, and I'm really concerned

2681
02:55:36,000 --> 02:55:41,320
 about that also, so yeah, that's all.

2682
02:55:41,320 --> 02:55:44,200
 Thank you, Maria.

2683
02:55:44,200 --> 02:56:03,280
 Next card I have is Philip Yates.

2684
02:56:03,280 --> 02:56:04,280
 Good evening.

2685
02:56:04,280 --> 02:56:05,280
 Good evening.

2686
02:56:05,280 --> 02:56:12,640
 I'm not going to bore you a lot because you've heard what my neighbors had to say, but I was

2687
02:56:12,640 --> 02:56:21,200
 a 4th house in the subdivision in Lexington Park, 2004, and I kind of want to talk to

2688
02:56:21,200 --> 02:56:22,200
 the whole zoning.

2689
02:56:22,200 --> 02:56:36,440
 I know you guys haven't been on this board forever, but y'all are ruined and bitten.

2690
02:56:36,440 --> 02:56:41,640
 Y'all are destroying our city for money.

2691
02:56:41,640 --> 02:56:44,600
 This guy, he don't care about anything.

2692
02:56:44,600 --> 02:56:47,760
 He wants money.

2693
02:56:47,760 --> 02:56:55,480
 You go to Art Krueger, you have to wait in line to check out, or my favorite Mexican

2694
02:56:55,480 --> 02:57:03,040
 food restaurant, Matata, used to be fun to go out to eat, now you have to wait in line.

2695
02:57:03,040 --> 02:57:06,320
 Our school is overcrowded.

2696
02:57:06,320 --> 02:57:16,040
 My son was in the first graduating class at Geier, and it was a beautiful school, and

2697
02:57:16,040 --> 02:57:23,280
 then they had to add, I mean, how much, a million, two, ten million to add on to it?

2698
02:57:23,280 --> 02:57:28,600
 Our elementaries are full, our junior houses are full.

2699
02:57:28,600 --> 02:57:38,840
 I have, unfortunately, had two medical emergencies the past month, didn't die, so it's okay,

2700
02:57:38,840 --> 02:57:45,800
 but one, I had to go to Medical City, took me six hours, and I was putting a bed in the

2701
02:57:45,800 --> 02:57:47,880
 hall.

2702
02:57:47,880 --> 02:57:50,920
 The next time, I went to Presby.

2703
02:57:50,920 --> 02:57:58,040
 I wasn't in the hall, but I sat in the waiting room with the homeless people that were coming

2704
02:57:58,040 --> 02:58:05,800
 in from the rain, which was kind of entertaining, but they told me both places do not have the

2705
02:58:05,800 --> 02:58:15,240
 facilities or the staff to handle the growth this board has allowed to happen.

2706
02:58:15,240 --> 02:58:16,800
 We're full.

2707
02:58:16,800 --> 02:58:18,560
 We're done.

2708
02:58:18,560 --> 02:58:20,260
 We don't have hospitals.

2709
02:58:20,260 --> 02:58:21,360
 We don't have schools.

2710
02:58:21,360 --> 02:58:23,800
 We don't have grocery stores.

2711
02:58:23,800 --> 02:58:31,060
 Both Walmarts, go to Walmart, either one of them, and you can't find a parking spot.

2712
02:58:31,060 --> 02:58:39,120
 You people need to understand, we work our asses off to move out to this area to have

2713
02:58:39,120 --> 02:58:47,000
 a good quality life, and because you don't want to rubber stamp every developer that

2714
02:58:47,000 --> 02:58:53,720
 comes out here and let him build whatever he wants, whether it's apartments or houses,

2715
02:58:53,720 --> 02:59:02,280
 you only want to think about the people, and the people are Denton, not him, not all his

2716
02:59:02,280 --> 02:59:09,120
 money, it's us, so when you all vote, not just on this project, but all of them, think

2717
02:59:09,120 --> 02:59:15,920
 about what you all are doing to the people of Denton.

2718
02:59:15,920 --> 02:59:20,500
 Thank you.

2719
02:59:20,500 --> 02:59:21,500
 Thank you, Mr. Yates.

2720
02:59:21,500 --> 02:59:27,680
 Before I call the next speaker, what I would like to say is that I do not believe that

2721
02:59:27,680 --> 02:59:30,840
 this commission is up here to destroy Denton.

2722
02:59:30,840 --> 02:59:32,840
 We live here, too.

2723
02:59:32,840 --> 02:59:37,320
 We are up here volunteering our time to make thoughtful and the best decisions that we

2724
02:59:37,320 --> 02:59:40,960
 can to make Denton better.

2725
02:59:40,960 --> 02:59:53,040
 The next card I have is Monica Lopez.

2726
02:59:53,040 --> 03:00:04,920
 My name is Monica Lopez, I live at 1916 Belmont Park Drive.

2727
03:00:04,920 --> 03:00:09,200
 I actually recently moved to the division, Lexington Park.

2728
03:00:09,200 --> 03:00:17,200
 I lived actually behind the Kroger on University, so to add on, I understand that this was a

2729
03:00:17,200 --> 03:00:23,440
 location that I wanted to reside in probably for the rest of my life and raise my two little

2730
03:00:23,440 --> 03:00:26,000
 girls in it.

2731
03:00:26,000 --> 03:00:31,880
 We struggle to even get to where we are today, so the fact that we were willing to sacrifice

2732
03:00:31,880 --> 03:00:36,960
 in order to pay these HOA dues to ensure that our children were able to sit out or play

2733
03:00:36,960 --> 03:00:44,760
 outside or actually have that neighbor interaction that lacks over there where we had originally

2734
03:00:44,760 --> 03:00:50,960
 stayed at was one of the benefits and one of the sacrifices we were willing to make.

2735
03:00:50,960 --> 03:00:57,200
 I know everybody has touched on safety, but I do want to point out that considering the

2736
03:00:57,200 --> 03:01:04,920
 fact that a safety analysis or a risk assessment, hazard identification should have been made,

2737
03:01:04,920 --> 03:01:10,560
 as that with the promotion of mobility, walkability that I keep on hearing about, especially from

2738
03:01:10,560 --> 03:01:16,280
 the 2040 plan, we have also have to include the fact that these kids are going to be walking

2739
03:01:16,280 --> 03:01:22,880
 to Guyer High, they are going to be less than that bus ride, so imagine them in an industrial

2740
03:01:22,880 --> 03:01:26,920
 area where people are already racing around in the morning trying to get their bagels

2741
03:01:26,920 --> 03:01:32,920
 or their Starbucks coffee, and you have kids cutting through every area and every avenue

2742
03:01:32,920 --> 03:01:35,980
 in order to make it to school on time.

2743
03:01:35,980 --> 03:01:41,600
 One of the other items that they brought up was a park, the park that would be, I believe

2744
03:01:41,600 --> 03:01:47,880
 over in Willow Ridge area, that's again crossing four lanes of traffic to get over there once

2745
03:01:47,880 --> 03:01:53,120
 Teasley is finally completed, but what they felt to mention was that Wigley Park is right

2746
03:01:53,120 --> 03:01:54,720
 behind our area.

2747
03:01:54,720 --> 03:01:59,520
 In order to get to Wigley Park, you are going to cut through, especially through the pond

2748
03:01:59,520 --> 03:02:04,040
 area but also through the neighborhood in order to get to that location, because yes

2749
03:02:04,040 --> 03:02:06,800
 we have trails that kind of lead to that area.

2750
03:02:06,800 --> 03:02:12,280
 With that being said, you have the increase of animals coming through, nobody wants to

2751
03:02:12,280 --> 03:02:18,660
 clean up, I see it all the time on next door posts about cleaning up their dog's mess,

2752
03:02:18,660 --> 03:02:23,400
 but that is in addition to also an increase of the different animals that they are going

2753
03:02:23,400 --> 03:02:30,640
 to be around, because they don't have the same amenities as we do, we truly do pay and

2754
03:02:30,640 --> 03:02:36,520
 I feel like without any segregation and the fact that we do have those amenities that

2755
03:02:36,520 --> 03:02:42,260
 people are already noticing and coming through, it's only going to increase the activity regardless.

2756
03:02:42,260 --> 03:02:46,880
 So either they are going to be walking through our area to cut through for the schools because

2757
03:02:46,880 --> 03:02:52,960
 we do have elementaries behind, they also in addition less than a mile or roughly a

2758
03:02:52,960 --> 03:03:00,160
 mile, I know it's 1.3 from our location, but Hunters Creek is that apartment complex, I'm

2759
03:03:00,160 --> 03:03:04,480
 not sure if their analysis included that from their traffic, but you have to think that

2760
03:03:04,480 --> 03:03:11,520
 we have one on that corner and then also Guyer High, so just to include that in the risks.

2761
03:03:11,520 --> 03:03:16,320
 Thank you Ms. Lopez.

2762
03:03:16,320 --> 03:03:27,760
 The next card I have is Archie Krum.

2763
03:03:27,760 --> 03:03:30,120
 Good evening, thanks for hearing us tonight.

2764
03:03:30,120 --> 03:03:33,640
 My name is Archie Krum, I live at 2100 Fairmount Park Drive.

2765
03:03:33,640 --> 03:03:39,560
 I moved to that neighborhood in 2005 and moved into my house on Creekdale phase one, I was

2766
03:03:39,560 --> 03:03:46,480
 one of very few homes that was built there and moved in right away much like Mr. Ashley.

2767
03:03:46,480 --> 03:03:52,880
 I have since moved into the back half, phase three of that neighborhood in 2013, so I live

2768
03:03:52,880 --> 03:03:54,080
 on Fairmount Park Drive.

2769
03:03:54,080 --> 03:04:00,240
 I'm going to see this monstrosity from my house and from my yard.

2770
03:04:00,240 --> 03:04:08,240
 Big concern, that is going to cost us money because of what they've all said tonight here.

2771
03:04:08,240 --> 03:04:13,840
 Our HOA dues are going to go up due to the runoff, due to the trash, due to these people

2772
03:04:13,840 --> 03:04:18,120
 living in here doing what they do, they're going to come onto our property.

2773
03:04:18,120 --> 03:04:24,080
 The pond is our property, our walkways is our property, we pay to maintain that, so

2774
03:04:24,080 --> 03:04:30,260
 that now affects my family, my budget, the money in bank, all that stuff, so it affects

2775
03:04:30,260 --> 03:04:32,160
 us all financially.

2776
03:04:32,160 --> 03:04:38,520
 Next, I work for a local fire and EMS city, not the city of Denton, but I work for another

2777
03:04:38,520 --> 03:04:40,000
 city.

2778
03:04:40,000 --> 03:04:44,920
 When they tell you that this is not going to affect crime or emergency medical services,

2779
03:04:44,920 --> 03:04:45,920
 they're wrong.

2780
03:04:45,920 --> 03:04:48,840
 I see it, I live it and I work for it.

2781
03:04:48,840 --> 03:04:54,560
 I run more calls in apartment complexes than I do in single family residential areas.

2782
03:04:54,560 --> 03:05:00,480
 It's just a fact and the fact of that is because it's a high density area now, instead of being

2783
03:05:00,480 --> 03:05:07,140
 spread out along a specific amount of space, they're now packed into this tiny area.

2784
03:05:07,140 --> 03:05:11,380
 So yes, crime is going to go up, EMS calls are going to go up in that area.

2785
03:05:11,380 --> 03:05:14,760
 Fire Station 6 just down the road is already taxed.

2786
03:05:14,760 --> 03:05:16,680
 They run and they run and they run.

2787
03:05:16,680 --> 03:05:20,400
 I can't tell you how many times a week we see wrecks right out on Teasley, especially

2788
03:05:20,400 --> 03:05:23,180
 with all the construction.

2789
03:05:23,180 --> 03:05:24,960
 It's going to affect us all.

2790
03:05:24,960 --> 03:05:30,680
 Too many people in a very small area.

2791
03:05:30,680 --> 03:05:33,680
 To touch on another subject, the schools.

2792
03:05:33,680 --> 03:05:37,040
 We've been here, like I said, I've been here since 2005.

2793
03:05:37,040 --> 03:05:41,600
 The elementary schools are already extremely, extremely full.

2794
03:05:41,600 --> 03:05:47,240
 You bring in another 95 units, that's another potential 95 families with children.

2795
03:05:47,240 --> 03:05:52,040
 Now you're talking about student to teacher ratios in excess of what's acceptable.

2796
03:05:52,040 --> 03:05:57,240
 25, 30 students in a classroom for one teacher, it's not acceptable.

2797
03:05:57,240 --> 03:06:02,160
 We already try to teach our kids the right things and now the students and the teachers

2798
03:06:02,160 --> 03:06:06,000
 can't interact with one another.

2799
03:06:06,000 --> 03:06:10,560
 Again, just to reiterate, crime, it affects us all financially regardless of what they

2800
03:06:10,560 --> 03:06:13,200
 might say.

2801
03:06:13,200 --> 03:06:17,040
 This is directly going to affect our families.

2802
03:06:17,040 --> 03:06:20,440
 They're just trying to make a buck and cram as many people in a room as they can.

2803
03:06:20,440 --> 03:06:25,360
 If you've ever been on four acres, it's nice when you're walking by yourself for five or

2804
03:06:25,360 --> 03:06:30,040
 six or ten people, but when you put two or three hundred in it, four acres is not a lot

2805
03:06:30,040 --> 03:06:31,040
 of room.

2806
03:06:31,040 --> 03:06:32,040
 So thank you.

2807
03:06:32,040 --> 03:06:34,000
 >> Thank you, Mr. Green.

2808
03:06:34,000 --> 03:06:58,080
 >> Next card I have is Bill Mills.

2809
03:06:58,080 --> 03:06:59,080
 >> Hello.

2810
03:06:59,080 --> 03:07:00,080
 Bill Mills.

2811
03:07:00,080 --> 03:07:01,080
 I live at 2000 Belmont Park Drive.

2812
03:07:01,080 --> 03:07:04,200
 I'm the president of the Lexington Park HOA.

2813
03:07:04,200 --> 03:07:12,640
 My biggest concern along with the community is the increased traffic, trash, crime, vandalism

2814
03:07:12,640 --> 03:07:19,520
 that's going to come with this and we haven't raised our dues in probably 15 years or better

2815
03:07:19,520 --> 03:07:27,000
 and I don't want to be the one to have to do it, but with that high density and that

2816
03:07:27,000 --> 03:07:31,360
 location and us not being able to put any kind of barricade up between us and them,

2817
03:07:31,360 --> 03:07:35,960
 like I said, that fence that's there was when there was a ranch there, a Lone Star horse

2818
03:07:35,960 --> 03:07:41,080
 ranch and it's a bar bar fence and that's all that's been there ever since.

2819
03:07:41,080 --> 03:07:45,960
 So I don't know how freezing it is.

2820
03:07:45,960 --> 03:07:50,680
 So that's my concern at this point, just what you've heard from everybody else and from

2821
03:07:50,680 --> 03:07:55,960
 the neighborhood and also the only cards that went out were for the people within 500 feet,

2822
03:07:55,960 --> 03:08:00,200
 which are within 500 feet is a gas well there.

2823
03:08:00,200 --> 03:08:06,960
 So and you notice that apartment, they curved it, I think, to keep the living quarters out

2824
03:08:06,960 --> 03:08:09,680
 of the 500 foot range.

2825
03:08:09,680 --> 03:08:14,040
 But all the heck we went through with the city council over that a couple of years ago

2826
03:08:14,040 --> 03:08:15,580
 is a nightmare.

2827
03:08:15,580 --> 03:08:19,160
 So at any rate, that's what I have to say.

2828
03:08:19,160 --> 03:08:20,160
 Thank you.

2829
03:08:20,160 --> 03:08:23,160
 Thank you as well.

2830
03:08:23,160 --> 03:08:30,320
 Okay, I have other cards not wishing to speak, but when I read your name, if you would like

2831
03:08:30,320 --> 03:08:34,000
 to just holler and you can come on up.

2832
03:08:34,000 --> 03:08:40,840
 I have a card filled out by Melissa Scott in opposition, not wishing to speak.

2833
03:08:40,840 --> 03:08:47,860
 I've got a card from Mike Scott, same in opposition, but not wishing to speak this evening.

2834
03:08:47,860 --> 03:09:02,200
 Card from William Hamilton in opposition, would you like to speak?

2835
03:09:02,200 --> 03:09:22,500
 I've got a card from Suzanne Beachill in opposition.

2836
03:09:22,500 --> 03:09:23,720
 My name is Suzanne Beachill.

2837
03:09:23,720 --> 03:09:26,780
 I live at 2101 Prescott Downs.

2838
03:09:26,780 --> 03:09:30,320
 So I don't live as near as many of these people do, but we live there.

2839
03:09:30,320 --> 03:09:32,100
 I have seven children.

2840
03:09:32,100 --> 03:09:35,180
 They range in age from seven to 27.

2841
03:09:35,180 --> 03:09:40,260
 Not all of them live with me anymore, but my concern with all of this is safety.

2842
03:09:40,260 --> 03:09:43,180
 My kids play in this neighborhood.

2843
03:09:43,180 --> 03:09:44,180
 They're all around.

2844
03:09:44,180 --> 03:09:46,500
 They have so much fun in this neighborhood.

2845
03:09:46,500 --> 03:09:49,660
 That's one of the reasons that we moved here and we haven't lived here very long, just

2846
03:09:49,660 --> 03:09:51,220
 four and a half years.

2847
03:09:51,220 --> 03:09:56,780
 I send my 13 year old with a phone to take our dog all around that park.

2848
03:09:56,780 --> 03:09:58,940
 I won't be able to do that anymore.

2849
03:09:58,940 --> 03:10:05,500
 It won't be safe and it's not okay that they can't do that.

2850
03:10:05,500 --> 03:10:08,140
 That's got to be a reality to everybody.

2851
03:10:08,140 --> 03:10:09,500
 I don't mind apartments.

2852
03:10:09,500 --> 03:10:11,100
 I want there to be apartments.

2853
03:10:11,100 --> 03:10:13,460
 I want people to have affordable housing.

2854
03:10:13,460 --> 03:10:18,900
 I don't think these apartments are going to be affordable and I don't think that the number

2855
03:10:18,900 --> 03:10:24,060
 of people there is going to be a benefit to our community at all.

2856
03:10:24,060 --> 03:10:31,780
 Mr. Scott, I'm going to circle back around, because I believe you did want to come down

2857
03:10:31,780 --> 03:10:42,300
 and come on down.

2858
03:10:42,300 --> 03:10:43,300
 My name is Mike Scott.

2859
03:10:43,300 --> 03:10:50,580
 I live at 2200 Prescott Downs Drive, very quickly.

2860
03:10:50,580 --> 03:10:51,580
 Things change.

2861
03:10:51,580 --> 03:10:52,580
 I understand that.

2862
03:10:52,580 --> 03:10:53,580
 Money needs to be made.

2863
03:10:53,580 --> 03:10:56,660
 I understand that.

2864
03:10:56,660 --> 03:10:57,660
 Worth it.

2865
03:10:57,660 --> 03:10:58,660
 The world goes on.

2866
03:10:58,660 --> 03:11:02,620
 The bottom line is, though, that area is a suburban area.

2867
03:11:02,620 --> 03:11:05,660
 It has been that from the beginning.

2868
03:11:05,660 --> 03:11:13,420
 You're about to add, I don't know what, 90 something homes for families, all within a

2869
03:11:13,420 --> 03:11:21,140
 small area, real close to my home, only because if I were the builder, I can squeeze more

2870
03:11:21,140 --> 03:11:22,140
 people in there.

2871
03:11:22,140 --> 03:11:23,740
 I can make more money off of it.

2872
03:11:23,740 --> 03:11:25,300
 It's in a smaller area.

2873
03:11:25,300 --> 03:11:30,860
 Now, I didn't know that this was happening until yesterday.

2874
03:11:30,860 --> 03:11:31,860
 Nobody ever notified me.

2875
03:11:31,860 --> 03:11:34,580
 I never had a chance to think about it.

2876
03:11:34,580 --> 03:11:38,220
 What I would like to know are several things.

2877
03:11:38,220 --> 03:11:40,940
 Why are we going to move this apartment complex in?

2878
03:11:40,940 --> 03:11:46,180
 Why are we going to have so many people moving in when this area has no industry next to

2879
03:11:46,180 --> 03:11:48,340
 it, no industry close?

2880
03:11:48,340 --> 03:11:53,860
 We're going to double up on traffic on street that is already choked.

2881
03:11:53,860 --> 03:12:00,580
 We're going to add a choke point getting in and out from Teasley that is on the backside

2882
03:12:00,580 --> 03:12:01,580
 of a hill.

2883
03:12:01,580 --> 03:12:05,900
 People aren't even going to be able to see each other until they hit each other.

2884
03:12:05,900 --> 03:12:07,180
 There's no industry.

2885
03:12:07,180 --> 03:12:08,180
 The schools are full.

2886
03:12:08,180 --> 03:12:10,780
 Guyar High School is 6A school.

2887
03:12:10,780 --> 03:12:14,660
 The other, the elementaries that are close by, they're full.

2888
03:12:14,660 --> 03:12:18,460
 There is only one middle school within a reasonable distance.

2889
03:12:18,460 --> 03:12:19,460
 Why?

2890
03:12:19,460 --> 03:12:24,460
 Why do we need, I mean there's no industry.

2891
03:12:24,460 --> 03:12:26,460
 There's no job.

2892
03:12:26,460 --> 03:12:28,380
 There's nothing there.

2893
03:12:28,380 --> 03:12:29,420
 I'm just curious.

2894
03:12:29,420 --> 03:12:31,660
 On the other hand, I understand things change.

2895
03:12:31,660 --> 03:12:34,860
 I understand if I owned that property and I had the money, I would want to make more

2896
03:12:34,860 --> 03:12:36,980
 money off of it also.

2897
03:12:36,980 --> 03:12:42,600
 But the downside is we are very emotional about the way we feel about this.

2898
03:12:42,600 --> 03:12:43,600
 We live there.

2899
03:12:43,600 --> 03:12:45,100
 It's our neighborhood.

2900
03:12:45,100 --> 03:12:50,900
 We bought into it, most of us did, when it was still growing, still being built.

2901
03:12:50,900 --> 03:12:52,060
 We've been there for a long time.

2902
03:12:52,060 --> 03:12:54,140
 The area around us is suburban.

2903
03:12:54,140 --> 03:12:57,340
 We live there for a reason.

2904
03:12:57,340 --> 03:13:04,660
 We like it that way and that area is growing in single-dwelling, I'm sorry, single-family

2905
03:13:04,660 --> 03:13:11,020
 dwellings every day, but now you want to step out of that.

2906
03:13:11,020 --> 03:13:12,740
 I just can see no reason for it.

2907
03:13:12,740 --> 03:13:14,180
 I don't know about everyone else.

2908
03:13:14,180 --> 03:13:17,860
 I wish I'd had a chance to plan on what I really wanted to say.

2909
03:13:17,860 --> 03:13:21,220
 Like I say, nobody notified me this was happening.

2910
03:13:21,220 --> 03:13:23,020
 It would have been nice to know it.

2911
03:13:23,020 --> 03:13:27,060
 Could we have more time, possibly, to look into this?

2912
03:13:27,060 --> 03:13:28,780
 I'd like to research it some.

2913
03:13:28,780 --> 03:13:30,680
 I'd like to see some data on it.

2914
03:13:30,680 --> 03:13:32,980
 I'd like to know why.

2915
03:13:32,980 --> 03:13:35,980
 Would it be possible?

2916
03:13:35,980 --> 03:13:41,460
 Rather than have a couple hours to think about it, would it be possible to get more time?

2917
03:13:41,460 --> 03:13:44,240
 Thank you.

2918
03:13:44,240 --> 03:13:51,220
 Thank you for speaking.

2919
03:13:51,220 --> 03:13:54,660
 Next card I've got is Stephanie Derricks in opposition.

2920
03:13:54,660 --> 03:14:04,740
 I know three Stephanies, I want to thank them more at this moment.

2921
03:14:04,740 --> 03:14:07,740
 There's another one.

2922
03:14:07,740 --> 03:14:11,020
 So like everybody else, I have the same issues.

2923
03:14:11,020 --> 03:14:12,020
 That they have.

2924
03:14:12,020 --> 03:14:16,980
 My biggest concern, though, is like we just heard noted notification.

2925
03:14:16,980 --> 03:14:20,860
 And when he presented his presentation, he skipped over that very quickly.

2926
03:14:20,860 --> 03:14:24,020
 I didn't have time to read what was on the screen.

2927
03:14:24,020 --> 03:14:26,140
 So I don't know how many people are notified.

2928
03:14:26,140 --> 03:14:29,280
 I don't know what the range was of people that were notified.

2929
03:14:29,280 --> 03:14:31,300
 I know that I wasn't notified.

2930
03:14:31,300 --> 03:14:36,540
 Sorry, Stephanie Derrick, 2105 Fairmont Park.

2931
03:14:36,540 --> 03:14:41,260
 Next issue is the traffic, the fact that it looks like a prison.

2932
03:14:41,260 --> 03:14:44,420
 I mean, nobody's even mentioned how ugly it is.

2933
03:14:44,420 --> 03:14:45,540
 And we're going to have to look at it.

2934
03:14:45,540 --> 03:14:50,240
 I walk 4 a.m. every morning around that pond that everybody keeps talking about.

2935
03:14:50,240 --> 03:14:55,100
 And how safe is it going to be for me to continue to walk at 4 a.m. in the morning?

2936
03:14:55,100 --> 03:14:57,740
 Right now I don't have an issue with any of that.

2937
03:14:57,740 --> 03:15:00,780
 I'm also concerned about our infrastructure.

2938
03:15:00,780 --> 03:15:01,860
 Can we handle it?

2939
03:15:01,860 --> 03:15:04,180
 What about the flood zone that we currently live in?

2940
03:15:04,180 --> 03:15:07,100
 And they're going to be building underground.

2941
03:15:07,100 --> 03:15:12,580
 So that's displacing dirt and everything else that is currently soaking up that water.

2942
03:15:12,580 --> 03:15:14,780
 So where does that leave our floodplain?

2943
03:15:14,780 --> 03:15:21,260
 When we're digging underground, removing dirt to build a car garage.

2944
03:15:21,260 --> 03:15:22,420
 Kids walking to school.

2945
03:15:22,420 --> 03:15:26,940
 We already have an issue with that, with kids walking to school and it being dangerous.

2946
03:15:26,940 --> 03:15:30,620
 That's the reason the busing system right now is busing kids from our neighborhood,

2947
03:15:30,620 --> 03:15:34,500
 from the neighborhood across the street and next door to us.

2948
03:15:34,500 --> 03:15:35,700
 But that's not going to last.

2949
03:15:35,700 --> 03:15:38,780
 I guess November they said that the road was going to be done.

2950
03:15:38,780 --> 03:15:40,540
 Well, let's see if that happens.

2951
03:15:40,540 --> 03:15:43,660
 But when that happens, there will be no more busing.

2952
03:15:43,660 --> 03:15:49,860
 So that means, roughly what did we say, 95 units, how many people with all those kids,

2953
03:15:49,860 --> 03:15:50,860
 now they're going to be walking.

2954
03:15:50,860 --> 03:15:55,560
 Some of them will ride, which just increases the traffic in the area.

2955
03:15:55,560 --> 03:15:57,780
 So anyway, like I said, probably value.

2956
03:15:57,780 --> 03:16:00,140
 It's the same thing you've already heard from all of us.

2957
03:16:00,140 --> 03:16:04,900
 But I don't think there's a person in here that wants this to happen other than possibly

2958
03:16:04,900 --> 03:16:07,300
 y'all and the people who are building it.

2959
03:16:07,300 --> 03:16:09,940
 I have nothing against the progress.

2960
03:16:09,940 --> 03:16:14,420
 Unlike a lot of these guys, I've only lived in the area three years.

2961
03:16:14,420 --> 03:16:19,060
 But we love it and we chose it because of the area that it is and we want to continue

2962
03:16:19,060 --> 03:16:20,060
 to have it that way.

2963
03:16:20,060 --> 03:16:28,640
 You're going to walk and get more signatures, I'll be happy to help you.

2964
03:16:28,640 --> 03:16:32,580
 The next card I have is Nancy Davis in opposition.

2965
03:16:32,580 --> 03:16:35,700
 Ms. Davis, did you want to speak?

2966
03:16:35,700 --> 03:16:37,380
 Okay.

2967
03:16:37,380 --> 03:16:41,860
 Next card I have is Christina Smith in opposition.

2968
03:16:41,860 --> 03:16:43,820
 Did you want to come down and speak?

2969
03:16:43,820 --> 03:16:44,820
 Okay.

2970
03:16:44,820 --> 03:16:53,900
 The next card I have is Lita Covert.

2971
03:16:53,900 --> 03:16:56,160
 Okay.

2972
03:16:56,160 --> 03:16:58,300
 She is opposed.

2973
03:16:58,300 --> 03:17:03,060
 Penny Ashley in opposition.

2974
03:17:03,060 --> 03:17:14,140
 If you'll come to the podium, we can't engage from the audience.

2975
03:17:14,140 --> 03:17:16,420
 If you will state your name and address, you can speak.

2976
03:17:16,420 --> 03:17:21,100
 My name is Penny Ashley at 2309 Fairmount Park Drive.

2977
03:17:21,100 --> 03:17:28,340
 I have a question regarding these children who would be in that apartment complex about

2978
03:17:28,340 --> 03:17:29,340
 a bus.

2979
03:17:29,340 --> 03:17:33,700
 How are you going to manage a bus picking up those kids?

2980
03:17:33,700 --> 03:17:42,020
 They're going to have to walk out probably closer to Teasley Lane to be picked up.

2981
03:17:42,020 --> 03:17:46,340
 Can you address that, please?

2982
03:17:46,340 --> 03:17:52,300
 Once our speakers are done, I'm making some notes and I'll have staff answer some questions.

2983
03:17:52,300 --> 03:17:56,620
 I do not have any more cards, but the public hearing is open.

2984
03:17:56,620 --> 03:18:02,740
 If there is anyone wishing to speak who did not fill out a card, you may do so.

2985
03:18:02,740 --> 03:18:07,140
 While you think on that, I know we have a caller who's been waiting and wanting to speak

2986
03:18:07,140 --> 03:18:16,940
 on this item, so I am going to ask staff to bring that caller in, please.

2987
03:18:16,940 --> 03:18:19,980
 Hello, good evening, everybody.

2988
03:18:19,980 --> 03:18:20,980
 My name is Jason Jolavet.

2989
03:18:20,980 --> 03:18:22,840
 Can you hear me okay?

2990
03:18:22,840 --> 03:18:23,840
 We can.

2991
03:18:23,840 --> 03:18:24,840
 Thank you for your patience.

2992
03:18:24,840 --> 03:18:27,700
 If you'll give us your name and address, your time will begin.

2993
03:18:27,700 --> 03:18:29,300
 Absolutely.

2994
03:18:29,300 --> 03:18:36,300
 My name is Jason Jolavet and I live at 2008 Prescott Downs Drive.

2995
03:18:36,300 --> 03:18:41,260
 About 1100 feet from this behemoth, so I won't see it.

2996
03:18:41,260 --> 03:18:46,940
 I didn't get a card, but I'm very, very concerned about this project.

2997
03:18:46,940 --> 03:18:51,220
 You know, I'm not really a community type person.

2998
03:18:51,220 --> 03:18:52,300
 You know, I didn't get involved.

2999
03:18:52,300 --> 03:18:59,100
 I got involved because it didn't seem like the outreach for this was there.

3000
03:18:59,100 --> 03:19:04,460
 There were people on the HOA board that didn't even know about this and certainly didn't

3001
03:19:04,460 --> 03:19:10,500
 know about this meeting tonight, and so thank you to Stephanie, both Stephanie's, everybody.

3002
03:19:10,500 --> 03:19:17,460
 I really appreciate everybody's passion and I want to echo everything that I heard tonight.

3003
03:19:17,460 --> 03:19:22,300
 You know, I heard the words complementary and compatibility.

3004
03:19:22,300 --> 03:19:23,300
 That's ridiculous.

3005
03:19:23,300 --> 03:19:30,260
 I mean, this, I understand mixed use and we have a mixed use community already, but this

3006
03:19:30,260 --> 03:19:32,900
 is like, you know, I heard the word shoehorn.

3007
03:19:32,900 --> 03:19:39,660
 This is like trying to drive a square peg in a round hole and, you know, at the very

3008
03:19:39,660 --> 03:19:47,540
 least, the density of 95 people taking up about the same, 95 homes taking up about the

3009
03:19:47,540 --> 03:19:52,620
 same space as 10 to 15 homes is going to cause problems.

3010
03:19:52,620 --> 03:19:53,620
 All sorts of them.

3011
03:19:53,620 --> 03:20:00,300
 You heard about them, environmental, traffic, statistically, crime, our property values

3012
03:20:00,300 --> 03:20:03,500
 will go down, our costs will go up.

3013
03:20:03,500 --> 03:20:07,060
 I mean, it's basically going to destroy the ambience.

3014
03:20:07,060 --> 03:20:08,220
 You know, I walk that path.

3015
03:20:08,220 --> 03:20:16,380
 I go to that pool occasionally and it's, anyway, I just don't really even have the words.

3016
03:20:16,380 --> 03:20:24,780
 This is not my wheelhouse, but I will say that I am vehemently opposed to it, especially

3017
03:20:24,780 --> 03:20:28,340
 at the density that it is.

3018
03:20:28,340 --> 03:20:30,900
 So that's about all I got.

3019
03:20:30,900 --> 03:20:37,260
 Like I said, I really appreciate that everybody showed up and expressed their passionate opposition

3020
03:20:37,260 --> 03:20:38,940
 to this, because that's what mine is.

3021
03:20:38,940 --> 03:20:40,260
 Thank you very much.

3022
03:20:40,260 --> 03:20:45,060
 Thank you for calling in tonight.

3023
03:20:45,060 --> 03:20:48,300
 Is there anyone else wishing to speak?

3024
03:20:48,300 --> 03:20:49,300
 Okay.

3025
03:20:49,300 --> 03:20:51,740
 Well, one at a time.

3026
03:20:51,740 --> 03:20:55,500
 If you have already spoken on the item, you cannot speak again.

3027
03:20:55,500 --> 03:20:58,780
 So I will ask for those who have not spoken.

3028
03:20:58,780 --> 03:21:02,340
 If you will come down and state your name and address, your time will begin and we'll

3029
03:21:02,340 --> 03:21:03,340
 get a card from you later.

3030
03:21:03,340 --> 03:21:04,340
 Hello.

3031
03:21:04,340 --> 03:21:05,340
 My name is Trinidad Ortega.

3032
03:21:05,340 --> 03:21:12,740
 I live on, geez, on Fairmont Park Drive, kind of catty corner from this.

3033
03:21:12,740 --> 03:21:15,740
 I've got two things to say.

3034
03:21:15,740 --> 03:21:18,980
 They talked about that there's already a fence barrier there.

3035
03:21:18,980 --> 03:21:21,700
 It's a five strand barbed wire fence.

3036
03:21:21,700 --> 03:21:23,860
 That's not a barrier.

3037
03:21:23,860 --> 03:21:29,860
 And then the second thing that somebody commented and I caught also was when they talked about

3038
03:21:29,860 --> 03:21:37,620
 that, the little radius where they notify people, if they go back to that picture and

3039
03:21:37,620 --> 03:21:44,140
 see how many houses it actually touched, because they talked about that, the postcards got

3040
03:21:44,140 --> 03:21:50,740
 sent out, and when I saw it, it's right on the edge of that pond in front of it.

3041
03:21:50,740 --> 03:21:54,380
 You've got Teasley on the other side, and I think it might have caught a couple of houses

3042
03:21:54,380 --> 03:21:57,140
 on the left, and then the businesses.

3043
03:21:57,140 --> 03:21:58,260
 So those are two big things.

3044
03:21:58,260 --> 03:22:04,420
 The fence that's the so-called barrier is just a five strand barbed wire, and then that

3045
03:22:04,420 --> 03:22:08,460
 notification ring that they showed.

3046
03:22:08,460 --> 03:22:09,460
 Thank you.

3047
03:22:09,460 --> 03:22:15,620
 Thank you for sharing your thoughts.

3048
03:22:15,620 --> 03:22:21,260
 Anyone else wishing to speak, who has not, please come down, state your name and address.

3049
03:22:21,260 --> 03:22:22,260
 Your time will begin.

3050
03:22:22,260 --> 03:22:23,260
 Good day, board members.

3051
03:22:23,260 --> 03:22:24,260
 My name is Bill Lundgren.

3052
03:22:24,260 --> 03:22:25,260
 I live at 2301 Fairmount Park Drive.

3053
03:22:25,260 --> 03:22:36,540
 As a matter of fact, I was the first house built on that part of the street.

3054
03:22:36,540 --> 03:22:41,700
 I guess my issues is the density.

3055
03:22:41,700 --> 03:22:43,220
 How tall did they say the building was?

3056
03:22:43,220 --> 03:22:44,220
 50 feet?

3057
03:22:44,220 --> 03:22:45,220
 53 feet?

3058
03:22:45,220 --> 03:22:50,540
 That's the tallest building in several miles in any direction.

3059
03:22:50,540 --> 03:22:57,140
 It will have a view, it'll be a knockout view, but unfortunately I'll be looking at it from

3060
03:22:57,140 --> 03:23:08,060
 the ground, and that's just, it'll destroy my home's value, which is my piggy bank.

3061
03:23:08,060 --> 03:23:11,140
 People are talking about the fence and the access to the pond.

3062
03:23:11,140 --> 03:23:16,460
 That fence only runs up to where the pharmacy drive is at.

3063
03:23:16,460 --> 03:23:18,660
 It's a non-barrier.

3064
03:23:18,660 --> 03:23:20,660
 It's just not there.

3065
03:23:20,660 --> 03:23:27,060
 I walk that pond, and I go around, and we have people that come in from Denton, all around

3066
03:23:27,060 --> 03:23:33,340
 Denton to fish in there, which is not a real issue, but I have to pick up after them.

3067
03:23:33,340 --> 03:23:39,780
 I can't imagine what it's going to be like with 95 more households there.

3068
03:23:39,780 --> 03:23:43,300
 There's no amenities in that complex.

3069
03:23:43,300 --> 03:23:45,740
 Ours is right there.

3070
03:23:45,740 --> 03:23:55,100
 One walk around, right past the pharmacy, into the pond, to our playground, our picnic pavilion,

3071
03:23:55,100 --> 03:23:57,900
 all that stuff, it's all right there.

3072
03:23:57,900 --> 03:24:01,140
 It's just too many people in one spot.

3073
03:24:01,140 --> 03:24:02,340
 Thank you.

3074
03:24:02,340 --> 03:24:04,140
 Thank you.

3075
03:24:04,140 --> 03:24:16,660
 I believe I saw someone else wishing to come down who has not spoken yet.

3076
03:24:16,660 --> 03:24:17,660
 You'll state your name and address.

3077
03:24:17,660 --> 03:24:18,660
 Your time will begin.

3078
03:24:18,660 --> 03:24:19,660
 Hi.

3079
03:24:19,660 --> 03:24:20,660
 Shocking.

3080
03:24:20,660 --> 03:24:21,660
 I'm Stephanie Beckwith.

3081
03:24:21,660 --> 03:24:22,660
 So another Stephanie.

3082
03:24:22,660 --> 03:24:27,020
 I live at 4205 Aqueduct Drive.

3083
03:24:27,020 --> 03:24:31,580
 One thing I wanted to, while we were hearing everybody speak, the city planning person

3084
03:24:31,580 --> 03:24:35,220
 had brought up that the police don't have a problem with this and say that there's not

3085
03:24:35,220 --> 03:24:37,100
 going to be an influx in crime.

3086
03:24:37,100 --> 03:24:39,260
 A, they don't live here.

3087
03:24:39,260 --> 03:24:40,260
 They don't live in that neighborhood.

3088
03:24:40,260 --> 03:24:44,140
 So for them to say they don't have a problem, well, yeah, it's not their neighborhood.

3089
03:24:44,140 --> 03:24:48,180
 But my husband has actually been a police officer with the Denton Police Department

3090
03:24:48,180 --> 03:24:53,620
 for 20 plus years, and his first response was that it's going to increase in crime.

3091
03:24:53,620 --> 03:24:58,220
 He said that apartment complex are going to, just in general, have more crime rate, and

3092
03:24:58,220 --> 03:25:05,340
 especially ones that aren't gated and don't have, you know, gate around the entire structure.

3093
03:25:05,340 --> 03:25:11,060
 Also, he said that the city, you know, he said that they didn't have any problems and

3094
03:25:11,060 --> 03:25:15,300
 the police said that there wasn't a high crime rate, but, you know, Stephanie tried to reach

3095
03:25:15,300 --> 03:25:21,180
 out to the police, a community response, whoever does the public relations with the community,

3096
03:25:21,180 --> 03:25:25,020
 and wasn't even able to get a hold of somebody in the last two days since we have found out

3097
03:25:25,020 --> 03:25:29,940
 to get crime rates or statistics to, you know, disprove maybe what he's saying, because it's

3098
03:25:29,940 --> 03:25:30,940
 very generic.

3099
03:25:30,940 --> 03:25:36,980
 And again, we are not opposed to apartments, and Stephanie didn't mention that she also

3100
03:25:36,980 --> 03:25:42,720
 has ownership in a third, one-third ownership in units that this developer owns, and even

3101
03:25:42,720 --> 03:25:47,620
 then as an owner of apartment complex would never do something like this and shoehorn

3102
03:25:47,620 --> 03:25:52,640
 into an established community.

3103
03:25:52,640 --> 03:25:57,900
 Another point I wanted to make is that the apartments I went up at Ryan Road and Teasley,

3104
03:25:57,900 --> 03:26:03,140
 they were built after, pretty quickly after the neighborhood was built.

3105
03:26:03,140 --> 03:26:07,660
 Ours says, our neighborhood has been there 15 years, and it's an established neighborhood

3106
03:26:07,660 --> 03:26:12,420
 with pretty much everybody there has families and children, and everybody there takes great

3107
03:26:12,420 --> 03:26:14,500
 pride in their home and maintains their yard.

3108
03:26:14,500 --> 03:26:18,100
 I mean, I think we have one of the best looking neighborhoods, because, you know, go to, cut

3109
03:26:18,100 --> 03:26:21,040
 through a lot of neighborhoods, we have the space, we have the acreage, we have the land,

3110
03:26:21,040 --> 03:26:26,320
 I mean, it's a very aesthetically pleasing place to live, and I think that something

3111
03:26:26,320 --> 03:26:32,100
 like this is going to change that.

3112
03:26:32,100 --> 03:26:38,640
 Another point, the staff analysis shows that a small increase to the schools, that's just

3113
03:26:38,640 --> 03:26:43,540
 a slight increase, but it fails to realize people are trying to get their kids into Geier

3114
03:26:43,540 --> 03:26:49,180
 and are waiting for homes to open up, and so this also provides them access.

3115
03:26:49,180 --> 03:26:55,180
 You know, and again, they want to go to Geier, they want the sports, they want their children

3116
03:26:55,180 --> 03:26:57,920
 to go there, they know it's a good school district, they know it's a good school for

3117
03:26:57,920 --> 03:27:02,020
 sports and everything, so this is just going to open that up, and people are just going

3118
03:27:02,020 --> 03:27:05,020
 to rush in here just trying to get into the Geier school district.

3119
03:27:05,020 --> 03:27:10,060
 So, that's all I had to say at this point in time.

3120
03:27:10,060 --> 03:27:11,060
 Thank you.

3121
03:27:11,060 --> 03:27:12,060
 Thank you.

3122
03:27:12,060 --> 03:27:13,060
 Thank you for sharing your thoughts.

3123
03:27:13,060 --> 03:27:16,060
 This is a public hearing.

3124
03:27:16,060 --> 03:27:21,040
 Is there anyone wishing to speak who has not done so?

3125
03:27:21,040 --> 03:27:30,960
 Okay, seeing none, I will close the public hearing, and we will open up the floor for

3126
03:27:30,960 --> 03:27:33,140
 discussion prior to doing that.

3127
03:27:33,140 --> 03:27:39,460
 Sean, if I could bring you up for a moment.

3128
03:27:39,460 --> 03:27:41,360
 We've had a lot of talk about notification.

3129
03:27:41,360 --> 03:27:49,800
 If you will bring that up, I just want to address that in the sense that staff has done

3130
03:27:49,800 --> 03:27:53,200
 nothing wrong with the notification effort.

3131
03:27:53,200 --> 03:27:57,840
 This is something we've worked on, and we have absolutely improved in the city, in my

3132
03:27:57,840 --> 03:28:03,860
 opinion, in the years I have been on P&Z.

3133
03:28:03,860 --> 03:28:07,400
 There's no perfect way to notify everyone.

3134
03:28:07,400 --> 03:28:10,540
 This is the way everyone is notified.

3135
03:28:10,540 --> 03:28:17,280
 I will let Sean explain how that radius is drawn, but there is no way, and we have asked

3136
03:28:17,280 --> 03:28:23,060
 multiple times, if there is any better way that we could reach out to the neighbors other

3137
03:28:23,060 --> 03:28:26,540
 than larger signs, which we have improved over time.

3138
03:28:26,540 --> 03:28:30,900
 We now have the ability to opt in on our website.

3139
03:28:30,900 --> 03:28:38,100
 Unfortunately, it does take effort to know what's going on, and we do the best that we

3140
03:28:38,100 --> 03:28:42,180
 can, and staff does a tremendously great job of it.

3141
03:28:42,180 --> 03:28:46,860
 I will let Sean take it from here as to how that is drawn and how it's done and what's

3142
03:28:46,860 --> 03:28:48,420
 expected and what we do.

3143
03:28:48,420 --> 03:28:49,420
 Thank you.

3144
03:28:49,420 --> 03:28:50,420
 Yes, ma'am.

3145
03:28:50,420 --> 03:28:51,420
 Thank you.

3146
03:28:51,420 --> 03:28:56,620
 Our GIS staff does take the legally marked meets and bounds for the property and then

3147
03:28:56,620 --> 03:29:01,340
 measure out from that to the 200-foot and 500-foot distance.

3148
03:29:01,340 --> 03:29:06,560
 We capture within that 200-foot distance all property owners, and within the 500-foot distance

3149
03:29:06,560 --> 03:29:09,660
 then residents and rate payers.

3150
03:29:09,660 --> 03:29:14,860
 Both of those lists, one is used to send out 500 feet of postcards, and at the 200-foot

3151
03:29:14,860 --> 03:29:17,100
 distance, the registered mail letters.

3152
03:29:17,100 --> 03:29:18,100
 Okay.

3153
03:29:18,100 --> 03:29:19,100
 Very good.

3154
03:29:19,100 --> 03:29:23,220
 Yes, and I will ... You know what?

3155
03:29:23,220 --> 03:29:24,880
 We're not going to talk from the audience.

3156
03:29:24,880 --> 03:29:28,020
 We can't have that done to have thoughtful discussion.

3157
03:29:28,020 --> 03:29:29,860
 Thank you for the explanation, Sean.

3158
03:29:29,860 --> 03:29:33,540
 Tina, as well, would like to add to that.

3159
03:29:33,540 --> 03:29:35,660
 What I would like to add to Sean's remarks.

3160
03:29:35,660 --> 03:29:40,420
 The 200-foot notification is a requirement from state law.

3161
03:29:40,420 --> 03:29:43,780
 State law says that we have to notify all property owners based upon the latest approved

3162
03:29:43,780 --> 03:29:48,180
 municipal tax roll who own property.

3163
03:29:48,180 --> 03:29:52,180
 That's why we do the 200-foot notification.

3164
03:29:52,180 --> 03:29:56,260
 The city of Denton goes above and beyond the minimum requirement provided for in state

3165
03:29:56,260 --> 03:29:59,820
 law and does the 500-foot postcard notification.

3166
03:29:59,820 --> 03:30:02,160
 We actually send that to current resident.

3167
03:30:02,160 --> 03:30:08,040
 That way, it's duplicating the minimum requirement for the state law, but our community has made

3168
03:30:08,040 --> 03:30:12,340
 that decision to be able to have that notification boundary go beyond that.

3169
03:30:12,340 --> 03:30:18,580
 That's our local practice that we do here in Denton to try and make sure that, especially

3170
03:30:18,580 --> 03:30:27,100
 for people who don't own their residence, let's say they rent, the purpose of the postcard

3171
03:30:27,100 --> 03:30:32,940
 is to be able to get them notification as well because the letter is going to go to

3172
03:30:32,940 --> 03:30:36,420
 whoever owns the property, again, based upon the latest municipal tax roll.

3173
03:30:36,420 --> 03:30:40,100
 So if you recently bought your home within the neighborhood, let's say last month, you're

3174
03:30:40,100 --> 03:30:43,020
 probably not showing up on the latest municipal tax rolls.

3175
03:30:43,020 --> 03:30:45,620
 But that's why we do the duplication notification effort.

3176
03:30:45,620 --> 03:30:49,420
 One is a requirement of state law, and then the second item is what the city has made

3177
03:30:49,420 --> 03:30:53,300
 the commitment to its residents for providing that additional notification.

3178
03:30:53,300 --> 03:30:54,500
 And Commissioner Ellis is correct.

3179
03:30:54,500 --> 03:31:00,220
 We've recently rolled out an opt-in notification system where people can request to receive

3180
03:31:00,220 --> 03:31:04,100
 notifications regarding projects occurring within a certain distance.

3181
03:31:04,100 --> 03:31:06,220
 You get to specify the distance.

3182
03:31:06,220 --> 03:31:10,300
 You can go to our City of Denton website, cityofdenton.com.

3183
03:31:10,300 --> 03:31:14,660
 If you go to our land, I believe it's on our land development page, or you might find it

3184
03:31:14,660 --> 03:31:19,660
 on our development services home page, there's a way that you can now opt in to receive those

3185
03:31:19,660 --> 03:31:20,660
 notifications.

3186
03:31:20,660 --> 03:31:24,540
 It's specific to development applications that have public hearings associated with them,

3187
03:31:24,540 --> 03:31:28,620
 so specific use permit requests and zoning change requests.

3188
03:31:28,620 --> 03:31:29,620
 Thank you, Tina.

3189
03:31:29,620 --> 03:31:35,260
 Sean, I had one more question for you to answer that was asked, and that has to do with the

3190
03:31:35,260 --> 03:31:36,260
 bus.

3191
03:31:36,260 --> 03:31:41,340
 I know you did have a discussion with DISD, so if you would like to just elaborate on

3192
03:31:41,340 --> 03:31:43,460
 that, if you can.

3193
03:31:43,460 --> 03:31:44,460
 Thank you.

3194
03:31:44,460 --> 03:31:49,380
 Unfortunately, bus routes are not something we can necessarily speak to because DISD does

3195
03:31:49,380 --> 03:31:52,460
 redesign those routes on a regular basis in response to changes in development.

3196
03:31:52,460 --> 03:31:53,460
 Okay.

3197
03:31:53,460 --> 03:31:54,460
 My apologies.

3198
03:31:54,460 --> 03:31:55,460
 I do appreciate that.

3199
03:31:55,460 --> 03:31:57,020
 And sir, I see your hands up.

3200
03:31:57,020 --> 03:31:59,460
 We don't do question and answer.

3201
03:31:59,460 --> 03:32:01,780
 So we're going to continue our discussion.

3202
03:32:01,780 --> 03:32:04,820
 Commissioner Smith, I believe you are first on the floor.

3203
03:32:04,820 --> 03:32:05,820
 Thank you, Chair.

3204
03:32:05,820 --> 03:32:11,060
 Sean, on the fencing, because that is in the flood plain, so there cannot be any permanent

3205
03:32:11,060 --> 03:32:12,060
 fencing there whatsoever.

3206
03:32:12,060 --> 03:32:16,820
 The applicant made it seem like there was a possibility for a fence to be put up there.

3207
03:32:16,820 --> 03:32:20,980
 So new fencing is not permitted, existing fencing can be maintained.

3208
03:32:20,980 --> 03:32:29,540
 It is possible to apply for a variance to replace an existing fence with something that

3209
03:32:29,540 --> 03:32:33,160
 would be similar in its impact in the flood plain.

3210
03:32:33,160 --> 03:32:39,520
 So obviously not a, say, a wood fence, a fence that would block, but a fence that would allow

3211
03:32:39,520 --> 03:32:41,260
 flow through.

3212
03:32:41,260 --> 03:32:43,940
 There is the potential for the city engineer to approve that variance.

3213
03:32:43,940 --> 03:32:44,940
 Gotcha.

3214
03:32:44,940 --> 03:32:48,460
 And that's, is that that barbwire fence, is that on applicant's property or is that on

3215
03:32:48,460 --> 03:32:49,460
 the HOA's property?

3216
03:32:49,460 --> 03:32:51,020
 That is on the applicant's property.

3217
03:32:51,020 --> 03:32:52,020
 Okay.

3218
03:32:52,020 --> 03:32:53,020
 Got it.

3219
03:32:53,020 --> 03:32:54,020
 Thank you.

3220
03:32:54,020 --> 03:32:58,940
 On the flood plain and the underground parking garage, it's been nagging at me and I didn't

3221
03:32:58,940 --> 03:33:01,040
 bring it up in work session.

3222
03:33:01,040 --> 03:33:05,700
 We don't have a whole lot of underground parking garages in Denton, and I don't know how deep

3223
03:33:05,700 --> 03:33:09,300
 is underground parking garage because I wasn't going to go super in depth on it.

3224
03:33:09,300 --> 03:33:13,740
 Was that a concern or a thought process with the fact that it is so close to a retention

3225
03:33:13,740 --> 03:33:18,700
 pond and then the other private pond in the HOA, that being possibly having some flooding

3226
03:33:18,700 --> 03:33:19,700
 issues?

3227
03:33:19,700 --> 03:33:23,900
 Was there any thought or, or an in-look into that whenever the application was going through?

3228
03:33:23,900 --> 03:33:24,980
 Yeah, definitely.

3229
03:33:24,980 --> 03:33:29,340
 We had our engineers review this in relation to those issues, so there are actually, it's

3230
03:33:29,340 --> 03:33:34,140
 not shown as clearly on these plans, but there are actually two underground detention areas

3231
03:33:34,140 --> 03:33:38,660
 provided underneath the parking pavement in addition to the pond that's shown there in

3232
03:33:38,660 --> 03:33:41,940
 order to address those potential additional drainage issues.

3233
03:33:41,940 --> 03:33:46,900
 And simply put, at the civil engineering plan process, we would not allow this to go forward

3234
03:33:46,900 --> 03:33:50,980
 until all drainage issues had been addressed according to our Denton development plan.

3235
03:33:50,980 --> 03:33:51,980
 Gotcha.

3236
03:33:51,980 --> 03:33:57,180
 On the access to the Sprouts commercial area parking lot, if it was a stipulation on the

3237
03:33:57,180 --> 03:34:03,780
 SCP to add a stop sign there to be able to create safety for access to that parking lot,

3238
03:34:03,780 --> 03:34:06,220
 what does the applicant have to do to go through and do that?

3239
03:34:06,220 --> 03:34:10,940
 Would that, since the stop sign could technically be partially on their property and then on

3240
03:34:10,940 --> 03:34:16,140
 the commercial properties land as well, what would that process look like?

3241
03:34:16,140 --> 03:34:20,740
 So I believe the applicant could simply propose to provide it on their property, so it would

3242
03:34:20,740 --> 03:34:25,580
 be entirely on their property and that would be something that they could provide, I believe,

3243
03:34:25,580 --> 03:34:28,140
 without needing to do anything with the adjacent property.

3244
03:34:28,140 --> 03:34:29,140
 Gotcha.

3245
03:34:29,140 --> 03:34:32,580
 One thing I will bring up, and it's not really more anything to you other than to Tina, I

3246
03:34:32,580 --> 03:34:35,700
 know we'll be bringing it up when we get to the matrix, an idea that I've had, this is

3247
03:34:35,700 --> 03:34:40,100
 the first time I think in the five years I've been on P&Z where we've seen this, where if

3248
03:34:40,100 --> 03:34:47,060
 we hit a neighborhood that has an HOA with notifications that we add in, sending a letter

3249
03:34:47,060 --> 03:34:51,860
 directly to the HOA management company as well, I don't know if we do that now.

3250
03:34:51,860 --> 03:34:54,220
 How about we save that for the matrix and not in this discussion?

3251
03:34:54,220 --> 03:34:55,220
 Yeah, that's fine.

3252
03:34:55,220 --> 03:34:56,220
 I just wanted to bring that up, but we'll talk about that in a second.

3253
03:34:56,220 --> 03:34:57,220
 Mr. Anderson.

3254
03:34:57,220 --> 03:34:58,220
 Thank you, Chair.

3255
03:34:58,220 --> 03:34:59,220
 I'm good, Sean.

3256
03:34:59,220 --> 03:35:00,220
 I don't need to.

3257
03:35:00,220 --> 03:35:12,220
 First, I'd like to say thanks to each and every one of you all for coming out and speaking

3258
03:35:12,220 --> 03:35:15,940
 about what you . . . expressing your views regarding this project, but first I'd like

3259
03:35:15,940 --> 03:35:19,140
 to address Mr. Yates for a second.

3260
03:35:19,140 --> 03:35:23,340
 Mr. Yates, thank you for coming out and speaking your mind as well, but I kind of take offense

3261
03:35:23,340 --> 03:35:25,700
 to what you said.

3262
03:35:25,700 --> 03:35:32,820
 You stated that the council . . . I take offense to what you said about the council.

3263
03:35:32,820 --> 03:35:37,460
 As Chairwoman Ellis stated, this board is made up of non-paid volunteers that are actually

3264
03:35:37,460 --> 03:35:41,820
 looking out for the residents of the city.

3265
03:35:41,820 --> 03:35:45,580
 You have the opportunity to go to your council member and ask them if you'd like to volunteer

3266
03:35:45,580 --> 03:35:47,500
 for this position as well.

3267
03:35:47,500 --> 03:35:55,100
 I advise you to do that if you'd like to come up here and make sure stuff goes your way.

3268
03:35:55,100 --> 03:35:59,380
 The other thing is, Denton is growing in this community, and this county is one of the fastest

3269
03:35:59,380 --> 03:36:01,060
 growing counties in the nation.

3270
03:36:01,060 --> 03:36:05,020
 We're doing our best as council members to make sure that the projects that come before

3271
03:36:05,020 --> 03:36:08,420
 us meet the criteria that are set before us.

3272
03:36:08,420 --> 03:36:12,220
 This is the first time I remember . . . the first time I remember what a census was was

3273
03:36:12,220 --> 03:36:16,060
 in 1976 when I was a little kid.

3274
03:36:16,060 --> 03:36:19,780
 I won't say my age, but anyway, in my memory, it serves me correctly this population of Denton

3275
03:36:19,780 --> 03:36:22,460
 was approximately 40,000 to 50,000 people.

3276
03:36:22,460 --> 03:36:26,300
 We've grown tremendously since, now we're over 120-something thousand people.

3277
03:36:26,300 --> 03:36:31,460
 But I do agree that, I mean, there's a couple of us up here on this council that have been

3278
03:36:31,460 --> 03:36:32,460
 born and raised here.

3279
03:36:32,460 --> 03:36:35,660
 I was born and raised here as well as another person up here on the council.

3280
03:36:35,660 --> 03:36:37,460
 So we do look out for the city.

3281
03:36:37,460 --> 03:36:41,500
 That's the reason I got involved, to be on this council is to look out for the city.

3282
03:36:41,500 --> 03:36:45,500
 So anyways, that just kind of set a little nerve when you said we're just trying to ruin

3283
03:36:45,500 --> 03:36:46,500
 the city.

3284
03:36:46,500 --> 03:36:52,100
 Well, I think you're incorrect, and I call it as I see it as well.

3285
03:36:52,100 --> 03:36:58,460
 But anyways, regarding the apartments, I do agree with a lot of what you're saying.

3286
03:36:58,460 --> 03:37:02,420
 There's no amenities for the residents of the apartment complex, pool, park, lake, or

3287
03:37:02,420 --> 03:37:03,420
 anything.

3288
03:37:03,420 --> 03:37:07,380
 There's only one major entrance, kind of one major exit.

3289
03:37:07,380 --> 03:37:11,900
 We've had this project come in before us another time on another project.

3290
03:37:11,900 --> 03:37:16,140
 Whenever you have just one major entrance and one major exit, I feel bad for the people

3291
03:37:16,140 --> 03:37:21,140
 that are going to live there because if there's a catastrophe happens, they're stuck.

3292
03:37:21,140 --> 03:37:22,840
 They're on an island.

3293
03:37:22,840 --> 03:37:27,460
 And like the lady said a second ago, whose husband is a police officer here, the other

3294
03:37:27,460 --> 03:37:32,300
 gentleman that's an EMT, fire paramedic, thank you for your service.

3295
03:37:32,300 --> 03:37:33,760
 He sees it all the time.

3296
03:37:33,760 --> 03:37:37,820
 So that's kind of one thing I don't like about this project as well.

3297
03:37:37,820 --> 03:37:44,340
 And the other thing is the residents that I don't like that how the residents would

3298
03:37:44,340 --> 03:37:49,980
 have to leave and go through a commercial property.

3299
03:37:49,980 --> 03:37:51,260
 That just doesn't sit well either.

3300
03:37:51,260 --> 03:37:55,940
 Even putting a stop sign there still doesn't alleviate traffic and it's going to be bad.

3301
03:37:55,940 --> 03:38:00,020
 I mean, I've been through that parking lot many times as one of the gentlemen spoke.

3302
03:38:00,020 --> 03:38:01,620
 I can't remember who it was.

3303
03:38:01,620 --> 03:38:06,560
 But anyway, you said trying to back out of a parking spot.

3304
03:38:06,560 --> 03:38:07,560
 It's rough.

3305
03:38:07,560 --> 03:38:10,460
 I mean, I've been over there multiple times anyways.

3306
03:38:10,460 --> 03:38:13,660
 And the other thing I really don't like is they're like, again, there's no amenities

3307
03:38:13,660 --> 03:38:16,460
 for the children of that apartment complex.

3308
03:38:16,460 --> 03:38:21,540
 They are going to and I don't care what y'all say, they are going to get on that path and

3309
03:38:21,540 --> 03:38:22,540
 walk around.

3310
03:38:22,540 --> 03:38:24,740
 They're going to go to that pond, they're going to go to the pool, because they don't

3311
03:38:24,740 --> 03:38:25,740
 have anything.

3312
03:38:25,740 --> 03:38:27,980
 They're going to sit there in their apartment, they're going to look out and see it.

3313
03:38:27,980 --> 03:38:28,980
 They're going to want to do it.

3314
03:38:28,980 --> 03:38:31,900
 So anyway, with that, I'll close out my time.

3315
03:38:31,900 --> 03:38:33,360
 Thank you, Commissioner Anderson.

3316
03:38:33,360 --> 03:38:35,020
 Commissioner McDade, I believe you're on.

3317
03:38:35,020 --> 03:38:36,740
 Thank you, Madam Chair.

3318
03:38:36,740 --> 03:38:41,580
 I would just like to thank everyone for coming out and voicing your concerns.

3319
03:38:41,580 --> 03:38:47,300
 And let me be the first to say that I know how you feel because I've sat where you sat

3320
03:38:47,300 --> 03:38:49,300
 right now.

3321
03:38:49,300 --> 03:38:58,620
 Honestly, when they send out the notifications, if 70% of the notifications go to commercial

3322
03:38:58,620 --> 03:39:02,420
 business, I think that's a disservice to the community.

3323
03:39:02,420 --> 03:39:05,660
 I would love to see a modification to that.

3324
03:39:05,660 --> 03:39:07,780
 That way it includes more homeowners.

3325
03:39:07,780 --> 03:39:11,020
 I don't know what can be done about that with the city, but you'll have to go to the city

3326
03:39:11,020 --> 03:39:12,360
 for that.

3327
03:39:12,360 --> 03:39:16,900
 My biggest concern is the traffic.

3328
03:39:16,900 --> 03:39:21,660
 Now they're saying that Teeley is going to be finished in November, so the buses are

3329
03:39:21,660 --> 03:39:25,220
 no longer going to run, so the kids are going to have to walk to school.

3330
03:39:25,220 --> 03:39:30,300
 But now you're adding another 216 cars into traffic.

3331
03:39:30,300 --> 03:39:32,900
 That concerns me.

3332
03:39:32,900 --> 03:39:35,380
 I have a big concern with that.

3333
03:39:35,380 --> 03:39:45,420
 But I can say the city is growing, and I can say I know how you feel because when you send

3334
03:39:45,420 --> 03:39:50,700
 it out to the commercial businesses, I'm not trying to be disrespectful, but they could

3335
03:39:50,700 --> 03:39:52,700
 care less.

3336
03:39:52,700 --> 03:39:55,060
 It's the community who has to live with this.

3337
03:39:55,060 --> 03:40:00,460
 So I appreciate everyone coming out and voicing your concern, but I can honestly say this

3338
03:40:00,460 --> 03:40:03,500
 is something that I cannot get on board with.

3339
03:40:03,500 --> 03:40:05,860
 Thank you.

3340
03:40:05,860 --> 03:40:08,860
 Commissioner Cole.

3341
03:40:08,860 --> 03:40:11,980
 Thank you, Chair.

3342
03:40:11,980 --> 03:40:28,300
 You know, a lot of you all at night have asked the question of why, and to back up what Commissioner

3343
03:40:28,300 --> 03:40:32,260
 McDade said, you know, I've been there where you are.

3344
03:40:32,260 --> 03:40:35,460
 Most of us here have.

3345
03:40:35,460 --> 03:40:38,580
 All our neighborhoods are changing.

3346
03:40:38,580 --> 03:40:44,140
 I mean, I live in the west side of town, yet we're in a rural neighborhood.

3347
03:40:44,140 --> 03:40:51,900
 Well, now we're surrounded by industrial floodlights.

3348
03:40:51,900 --> 03:40:57,340
 You know, my old sunset's gone, you know?

3349
03:40:57,340 --> 03:41:03,980
 And we sit up here and we give our time.

3350
03:41:03,980 --> 03:41:10,300
 We're doing this because we love this town, and I wish there was a way where we could

3351
03:41:10,300 --> 03:41:16,460
 just turn the spigot of growth off, but you can't.

3352
03:41:16,460 --> 03:41:19,020
 You can't.

3353
03:41:19,020 --> 03:41:25,380
 And you know, I don't know if I know much about Denton, but I've been here my whole

3354
03:41:25,380 --> 03:41:32,600
 life since 1967, and my family settled here in the 1800s.

3355
03:41:32,600 --> 03:41:44,980
 So that, sir, got me a little fired up because I've been here longer than you have.

3356
03:41:44,980 --> 03:41:48,360
 We're not greedy.

3357
03:41:48,360 --> 03:41:51,000
 We're not out for development.

3358
03:41:51,000 --> 03:41:58,100
 We're trying to be right down the middle as best we can.

3359
03:41:58,100 --> 03:42:01,340
 And we've made some hard votes.

3360
03:42:01,340 --> 03:42:06,500
 I've been on the bad end of those in my neighborhood.

3361
03:42:06,500 --> 03:42:10,060
 Almost everybody has.

3362
03:42:10,060 --> 03:42:18,980
 You know, 2017 alone, 2,000 companies left the state of California and came to Texas.

3363
03:42:18,980 --> 03:42:24,580
 That's just 2017.

3364
03:42:24,580 --> 03:42:30,940
 We have to re-up our data for growth regularly, because, you know, it's out of date in four

3365
03:42:30,940 --> 03:42:33,940
 months and a quarter.

3366
03:42:33,940 --> 03:42:37,060
 You know, we have a housing issue here.

3367
03:42:37,060 --> 03:42:41,340
 I mean, there was a time a few months ago where you couldn't buy a newly built home

3368
03:42:41,340 --> 03:42:43,340
 in Denton.

3369
03:42:43,340 --> 03:42:48,100
 It didn't exist.

3370
03:42:48,100 --> 03:42:51,300
 I have -- I have issues with this project.

3371
03:42:51,300 --> 03:42:54,900
 I do.

3372
03:42:54,900 --> 03:43:01,580
 This is just a -- sometimes we call a problem piece of property, and we've got to determine

3373
03:43:01,580 --> 03:43:05,640
 all of us the best use of that property.

3374
03:43:05,640 --> 03:43:09,700
 One gentleman, you know, said a park.

3375
03:43:09,700 --> 03:43:17,940
 I bet if I polled all of y'all, park would probably be the top choice, but something's

3376
03:43:17,940 --> 03:43:21,100
 going to go there and it ain't going to be a park.

3377
03:43:21,100 --> 03:43:26,140
 It's private property, you know.

3378
03:43:26,140 --> 03:43:33,220
 But I just -- you know, I'm sorry I got riled up, but I felt like we were -- this commission

3379
03:43:33,220 --> 03:43:44,100
 and our integrity was being attacked when we're just volunteering for our city.

3380
03:43:44,100 --> 03:43:49,020
 That's Commissioner Cole.

3381
03:43:49,020 --> 03:43:55,780
 I'll say a few words and then I'll get to -- we are going to have a motion.

3382
03:43:55,780 --> 03:43:58,100
 Thank you all for coming out and speaking.

3383
03:43:58,100 --> 03:44:00,980
 This is how this works.

3384
03:44:00,980 --> 03:44:03,260
 That's why we hold public hearings.

3385
03:44:03,260 --> 03:44:10,100
 Citizen involvement is imperative to share whether or not whatever the commission and

3386
03:44:10,100 --> 03:44:15,260
 ultimately the City Council decides this is always important.

3387
03:44:15,260 --> 03:44:18,300
 Stay involved and be communicative.

3388
03:44:18,300 --> 03:44:19,580
 That's what it's all about.

3389
03:44:19,580 --> 03:44:24,420
 We are up here doing the best job that we can, hearing you, hearing the applicants that

3390
03:44:24,420 --> 03:44:32,180
 come before us, listening to our incredibly talented staff who go through each project

3391
03:44:32,180 --> 03:44:35,140
 painstakingly as a group.

3392
03:44:35,140 --> 03:44:41,700
 We have incredibly talented people who live here and work in our city and they're doing

3393
03:44:41,700 --> 03:44:43,020
 a great job.

3394
03:44:43,020 --> 03:44:49,260
 Whether or not you believe in the project, they have a job to do with these applicants.

3395
03:44:49,260 --> 03:44:50,760
 We have a code to follow.

3396
03:44:50,760 --> 03:44:58,460
 We have guidelines to follow and they bring before us and council their best analysis

3397
03:44:58,460 --> 03:45:01,240
 of every project.

3398
03:45:01,240 --> 03:45:08,780
 And it is up to us to assess it, hear it, study it, drive by it and make the best decision

3399
03:45:08,780 --> 03:45:12,260
 we can which we are about to do shortly.

3400
03:45:12,260 --> 03:45:22,140
 With that being said, typically a multifamily project is a good buffer between a neighborhood

3401
03:45:22,140 --> 03:45:25,820
 and a commercial development.

3402
03:45:25,820 --> 03:45:34,040
 However, with the site constraints that this one has, the hill that it's on, the flood

3403
03:45:34,040 --> 03:45:42,100
 plain, the fact that the buffer can't be made between that and your neighborhood, there's

3404
03:45:42,100 --> 03:45:51,340
 all kinds of site constraints here that certainly give me pause to what's before us.

3405
03:45:51,340 --> 03:45:59,820
 When I make a vote, I do it individually and take it very seriously.

3406
03:45:59,820 --> 03:46:04,980
 There's no rubber stamping going on in this city, sir.

3407
03:46:04,980 --> 03:46:08,620
 That being said, Commissioner Smith, you have a motion to make.

3408
03:46:08,620 --> 03:46:09,620
 Sure.

3409
03:46:09,620 --> 03:46:10,620
 Thank you, Chair.

3410
03:46:10,620 --> 03:46:12,820
 I'll say a few words and then I'll make my motion.

3411
03:46:12,820 --> 03:46:18,380
 To my neighbors, which I am your neighbor, I live over in Forest Ridge, my shop at Teasley,

3412
03:46:18,380 --> 03:46:22,780
 I eat at Meat Taza, I ate at Meat Taza when it was called Meat Taza, I eat at Alibaba,

3413
03:46:22,780 --> 03:46:25,700
 you know, hey, I'm an OG, what's up.

3414
03:46:25,700 --> 03:46:29,300
 The eat at Alibaba, heck, in high school, I swam in your pool.

3415
03:46:29,300 --> 03:46:33,640
 I was with a resident, but it's all good, I swam in your pool, I've been there, so

3416
03:46:33,640 --> 03:46:35,220
 I commiserate with you.

3417
03:46:35,220 --> 03:46:40,680
 At the age of 26, I joined this commission, served it for five years, Margie might argue

3418
03:46:40,680 --> 03:46:44,340
 if it was faithfully or not, but that's up to her, just kidding.

3419
03:46:44,340 --> 03:46:46,340
 We do this, it's a thankless job.

3420
03:46:46,340 --> 03:46:53,660
 We get paid in pizza, and we go home at 2 a.m., we've been here till 2 a.m., 2.30 before.

3421
03:46:53,660 --> 03:46:57,040
 We get up, we go to work, we repeat.

3422
03:46:57,040 --> 03:47:03,700
 So I'm going to echo what my fellow commissioners and the Chair have said.

3423
03:47:03,700 --> 03:47:06,220
 We don't rubber stamp anything, folks.

3424
03:47:06,220 --> 03:47:11,420
 We do our best to defend and uphold the city we love, and I'll heavily encourage you to

3425
03:47:11,420 --> 03:47:12,420
 apply.

3426
03:47:12,420 --> 03:47:16,740
 There is an application on the website, your city councilman would love to have you volunteer

3427
03:47:16,740 --> 03:47:19,060
 for these positions and be up here.

3428
03:47:19,060 --> 03:47:20,060
 You'll get paid in pizza.

3429
03:47:20,060 --> 03:47:24,500
 It's melon mushroom, it's pretty good, so you guys can come check that out.

3430
03:47:24,500 --> 03:47:28,820
 Now with that said, the intent, I think, of the applicant is honorable, and I greatly

3431
03:47:28,820 --> 03:47:32,860
 appreciate it, and city staff has done an awesome job on this project, working through

3432
03:47:32,860 --> 03:47:36,420
 its intricacies and its difficulties.

3433
03:47:36,420 --> 03:47:43,140
 I've heard a lot of concerned neighbors tonight, and over the last five years, we've had these

3434
03:47:43,140 --> 03:47:46,780
 types of discussions before, and they're hard to go through.

3435
03:47:46,780 --> 03:47:52,380
 I think at the end of the day, our job as a commission is to be impartial and vote based

3436
03:47:52,380 --> 03:47:57,460
 off of what the Denton Plan 2040 says, what Texas Local Government Code says, what our

3437
03:47:57,460 --> 03:48:03,320
 development code, the Denton Development Code says, and vote for what we think is abiding

3438
03:48:03,320 --> 03:48:08,140
 by that, and staff has given us a recommendation for approval tonight.

3439
03:48:08,140 --> 03:48:13,020
 Now with all that said, this meets those standards.

3440
03:48:13,020 --> 03:48:17,140
 It is at a level, the staff has given us that recommendation of approval, but with that

3441
03:48:17,140 --> 03:48:20,380
 said, I will say that I do not agree.

3442
03:48:20,380 --> 03:48:26,080
 I think that the safety issue with sprouts is going to be something that I cannot sleep

3443
03:48:26,080 --> 03:48:33,300
 at night, accepting that I possibly had a hand in allowing a project to go through with

3444
03:48:33,300 --> 03:48:35,300
 that being out there.

3445
03:48:35,300 --> 03:48:41,540
 On top of that, I think is not fair, unlike other apartment complexes, and I think I have

3446
03:48:41,540 --> 03:48:46,460
 probably seen and voted in approval or in favor of many multifamily projects across

3447
03:48:46,460 --> 03:48:51,260
 the city, the two that are in process on Teasley included.

3448
03:48:51,260 --> 03:48:58,460
 I think that those projects did not impede upon private citizens and their HOA paid amenities.

3449
03:48:58,460 --> 03:49:02,740
 I think that is not fair to the neighbors, and there is no way that we can actually limit

3450
03:49:02,740 --> 03:49:05,740
 from access to those areas now.

3451
03:49:05,740 --> 03:49:09,260
 So with that said, I am going to make a motion to deny.

3452
03:49:09,260 --> 03:49:14,620
 We have a motion on the floor for denial.

3453
03:49:14,620 --> 03:49:15,620
 Commissioner Villarreal.

3454
03:49:15,620 --> 03:49:17,700
 Yes, just a few words.

3455
03:49:17,700 --> 03:49:18,900
 Thank you all for coming.

3456
03:49:18,900 --> 03:49:22,980
 I have long been an advocate for taking community concern into consideration.

3457
03:49:22,980 --> 03:49:26,580
 There is a reason why we have a Volunteer Citizen Commission, to approve permits of

3458
03:49:26,580 --> 03:49:31,740
 this nature, and this is another opportunity for us to side with the neighborhood.

3459
03:49:31,740 --> 03:49:35,980
 For that reason, I am moving to deny, and I am seconding.

3460
03:49:35,980 --> 03:49:42,540
 We've got a first and a second on the floor for denial discussion.

3461
03:49:42,540 --> 03:49:43,540
 Commissioner Pruitt.

3462
03:49:43,540 --> 03:49:44,540
 Thank you, Chair.

3463
03:49:44,540 --> 03:49:49,660
 First of all, thank you for the good discussion, I think the questions and the presentations

3464
03:49:49,660 --> 03:49:51,300
 really covered it all.

3465
03:49:51,300 --> 03:49:58,580
 I don't think anybody has any confusion over what this is.

3466
03:49:58,580 --> 03:50:06,580
 I think as we see more of these types of challenging parcels, we have to keep in mind not what

3467
03:50:06,580 --> 03:50:12,140
 would we build there if nothing else existed yet, but we have to understand that staff

3468
03:50:12,140 --> 03:50:16,580
 is working with these applicants to figure out what is the best possible thing that could

3469
03:50:16,580 --> 03:50:18,780
 go there now.

3470
03:50:18,780 --> 03:50:24,420
 Going forward, I think we have to be very careful that we don't hold people to a situation

3471
03:50:24,420 --> 03:50:25,980
 that does not exist.

3472
03:50:25,980 --> 03:50:35,620
 With that said, there's been a lot of emotions in this room tonight, so I don't know how

3473
03:50:35,620 --> 03:50:40,260
 this vote's going to go, but I'm going to break the ice a little bit and say I'm just

3474
03:50:40,260 --> 03:50:47,300
 going to give you an imagining of a alternative situation where these neighborhoods still

3475
03:50:47,300 --> 03:50:51,860
 exist, where it's hopeful instead of hurtful.

3476
03:50:51,860 --> 03:50:59,500
 Let's imagine that this was built, and five years after it's built, maybe Johnny, who's

3477
03:50:59,500 --> 03:51:05,140
 walking his dog and jumps the fence and walks around the pond, meets Susie, who's in the

3478
03:51:05,140 --> 03:51:07,060
 other neighborhood.

3479
03:51:07,060 --> 03:51:15,540
 Maybe the HOA talks to the apartment manager and says, "Hey, you guys are coming over

3480
03:51:15,540 --> 03:51:16,540
 here.

3481
03:51:16,540 --> 03:51:21,020
 Why don't we ... We're about to experience an increase in HOA fees.

3482
03:51:21,020 --> 03:51:22,700
 Why don't we do something together?

3483
03:51:22,700 --> 03:51:26,180
 You can pay into this HOA, and then we'll let you use our amenities for real."

3484
03:51:26,180 --> 03:51:35,920
 Obviously, those may not seem likely to the viewpoints that are in the room today.

3485
03:51:35,920 --> 03:51:43,100
 I wish we could start thinking about people as people, as opposed to other people, and

3486
03:51:43,100 --> 03:51:58,140
 I wish that we would understand that constraints exist, but they are independent of the good

3487
03:51:58,140 --> 03:52:02,780
 work that people are doing to try to come up with the best given what's on the ground.

3488
03:52:02,780 --> 03:52:03,780
 Thank you.

3489
03:52:03,780 --> 03:52:06,820
 Thanks, Commissioner Pruitt.

3490
03:52:06,820 --> 03:52:08,780
 We have a first and a second for denial.

3491
03:52:08,780 --> 03:52:13,860
 I don't see anyone else wishing to speak, so we'll just say a couple more words before

3492
03:52:13,860 --> 03:52:16,700
 we take a vote.

3493
03:52:16,700 --> 03:52:23,620
 With my vote, I've always ... I'm never about going against somebody developing their land.

3494
03:52:23,620 --> 03:52:25,660
 I think that's important.

3495
03:52:25,660 --> 03:52:37,860
 Property rights are important, but I also have always been about neighborhood protection.

3496
03:52:37,860 --> 03:52:39,940
 This land is suburban corridor.

3497
03:52:39,940 --> 03:52:49,940
 There's a lot that could go here, and multi-family is not a ridiculous ask.

3498
03:52:49,940 --> 03:52:54,300
 I think with the site constraints, however, the way the building is proposed, it's out

3499
03:52:54,300 --> 03:52:58,300
 of scale with what we have around it.

3500
03:52:58,300 --> 03:53:00,140
 You've got community pharmacy.

3501
03:53:00,140 --> 03:53:06,500
 That's a great example of how that went in, but it fits right into the neighborhood.

3502
03:53:06,500 --> 03:53:08,220
 It serves the neighborhood.

3503
03:53:08,220 --> 03:53:12,460
 I'm all for multiple options for people to live.

3504
03:53:12,460 --> 03:53:13,820
 We need apartment complexes.

3505
03:53:13,820 --> 03:53:17,500
 No matter how much people want to complain that there's too many, we need them.

3506
03:53:17,500 --> 03:53:20,900
 We wouldn't have developers wanting to build them if there wasn't a need and they could

3507
03:53:20,900 --> 03:53:27,620
 fill them, because an empty apartment complex does nobody any good, so they are needed.

3508
03:53:27,620 --> 03:53:35,460
 To Commissioner Pruitt's piggyback on that, don't look at people who live in an apartment

3509
03:53:35,460 --> 03:53:37,020
 complex like they're all criminals.

3510
03:53:37,020 --> 03:53:39,060
 I think that's unfair.

3511
03:53:39,060 --> 03:53:46,740
 However, that being said, 53-foot building on this site, where it's located with its

3512
03:53:46,740 --> 03:53:53,740
 constraints is not smart use of this property.

3513
03:53:53,740 --> 03:54:05,340
 I think suggesting that someone go through this very busy retail parking lot as another

3514
03:54:05,340 --> 03:54:11,020
 way to access out onto a road is irresponsible, honestly, for us as a city.

3515
03:54:11,020 --> 03:54:12,020
 I'm in there shopping.

3516
03:54:12,020 --> 03:54:14,740
 I'm at Sprouts at least twice a week.

3517
03:54:14,740 --> 03:54:18,620
 I'm at the pet supermarket on the regular.

3518
03:54:18,620 --> 03:54:23,540
 It's difficult even now to navigate that parking lot sometimes.

3519
03:54:23,540 --> 03:54:27,460
 We're just adding to that and adding more commercial things, and we're going to add

3520
03:54:27,460 --> 03:54:33,060
 more people and cars and whatnot.

3521
03:54:33,060 --> 03:54:41,620
 Adding this many residences to that mix, to me, is just not a good use of this property.

3522
03:54:41,620 --> 03:54:43,980
 I think it's an irresponsible choice.

3523
03:54:43,980 --> 03:54:49,700
 Other scale, I think I could get on board with to where the building size fit in.

3524
03:54:49,700 --> 03:54:52,340
 You're not adding quite as many people.

3525
03:54:52,340 --> 03:54:57,140
 I might be able to get on board with that because, like I said, typically going from

3526
03:54:57,140 --> 03:55:10,180
 a neighborhood to a commercial property with multi-family in between is a typical development.

3527
03:55:10,180 --> 03:55:13,620
 That being said, thank you again for coming out and speaking out.

3528
03:55:13,620 --> 03:55:16,040
 We do have a motion on the floor.

3529
03:55:16,040 --> 03:55:33,540
 We will go ahead and take ... At this point in the discussion ... Okay, I don't want to

3530
03:55:33,540 --> 03:55:34,780
 have a discussion from here.

3531
03:55:34,780 --> 03:55:41,700
 If you want to come up to the podium, if you'd like to add ... If you'd like to give answer

3532
03:55:41,700 --> 03:55:45,320
 to any discussion that was brought up, we can.

3533
03:55:45,320 --> 03:55:47,500
 I will call for a vote shortly.

3534
03:55:47,500 --> 03:55:50,660
 Okay, appreciate that.

3535
03:55:50,660 --> 03:55:55,820
 Just to hit on some of the things that were brought up, stop sign, for sure.

3536
03:55:55,820 --> 03:55:57,420
 That's not an issue.

3537
03:55:57,420 --> 03:56:02,860
 Playground, if there's a condition to add a playground as part ... There's a lot of

3538
03:56:02,860 --> 03:56:05,860
 green space in there.

3539
03:56:05,860 --> 03:56:09,700
 It's concentrated so that there is a lot of space around the building, a lot of trees,

3540
03:56:09,700 --> 03:56:11,700
 a lot of green space.

3541
03:56:11,700 --> 03:56:17,020
 The fence that's there, again, there's some limitations there.

3542
03:56:17,020 --> 03:56:25,860
 If we apply for a variance to upgrade that fence, we're very willing to do that, if that's

3543
03:56:25,860 --> 03:56:28,100
 an option.

3544
03:56:28,100 --> 03:56:32,480
 On those three points, we really don't have an issue.

3545
03:56:32,480 --> 03:56:37,300
 Just to compare the multi-family that was just approved earlier tonight, that was also

3546
03:56:37,300 --> 03:56:39,940
 a four-story, that was also in a residential neighborhood.

3547
03:56:39,940 --> 03:56:43,100
 I don't believe it had an HOA there.

3548
03:56:43,100 --> 03:56:45,460
 That was approved 7-0.

3549
03:56:45,460 --> 03:56:53,100
 This is in a zoning that is compatible for multi-family, or is that one ... Was it an

3550
03:56:53,100 --> 03:56:54,100
 R7?

3551
03:56:54,100 --> 03:56:56,060
 Craig, I could be wrong on that.

3552
03:56:56,060 --> 03:56:59,960
 We're actually in the right zoning.

3553
03:56:59,960 --> 03:57:03,860
 We're not asking for any subsidies for our project.

3554
03:57:03,860 --> 03:57:07,920
 This is a quality.

3555
03:57:07,920 --> 03:57:10,420
 Quality projects will have good neighbors.

3556
03:57:10,420 --> 03:57:14,940
 I think it's an improvement for the site.

3557
03:57:14,940 --> 03:57:20,500
 The site can't just remain nothing there, so something will go there.

3558
03:57:20,500 --> 03:57:23,820
 We think this is a good use.

3559
03:57:23,820 --> 03:57:26,940
 It just sounds like some of the things that were brought up were just for apartments in

3560
03:57:26,940 --> 03:57:29,420
 general.

3561
03:57:29,420 --> 03:57:37,340
 If Denton is okay with apartments, this is as good of a site as any, especially as compared

3562
03:57:37,340 --> 03:57:42,200
 to the one that was just approved earlier this evening.

3563
03:57:42,200 --> 03:57:45,220
 Appreciate your consideration on those points.

3564
03:57:45,220 --> 03:57:53,520
 If you want to ask me any questions, feel free.

3565
03:57:53,520 --> 03:57:54,520
 I don't see any questions.

3566
03:57:54,520 --> 03:58:01,100
 Thank you for sharing your thoughts with us.

3567
03:58:01,100 --> 03:58:05,540
 I guess just to comment real quick, and then we're going to vote.

3568
03:58:05,540 --> 03:58:10,860
 It's why we hear everything individually, because every site is unique, and every situation

3569
03:58:10,860 --> 03:58:11,860
 is unique.

3570
03:58:11,860 --> 03:58:18,260
 Just because an apartment complex is approved somewhere and maybe not in another, it's not

3571
03:58:18,260 --> 03:58:19,260
 the same thing.

3572
03:58:19,260 --> 03:58:21,920
 Everything has to be looked at individually.

3573
03:58:21,920 --> 03:58:31,500
 With that being said, seeing no other commissioners wanting to speak, we do have a motion to deny.

3574
03:58:31,500 --> 03:58:33,920
 Commissioner Smith, how say you?

3575
03:58:33,920 --> 03:58:35,880
 Aye.

3576
03:58:35,880 --> 03:58:37,180
 Commissioner Villarreal?

3577
03:58:37,180 --> 03:58:39,140
 Aye.

3578
03:58:39,140 --> 03:58:40,140
 Commissioner Cole?

3579
03:58:40,140 --> 03:58:41,800
 Aye.

3580
03:58:41,800 --> 03:58:43,340
 Commissioner Anderson?

3581
03:58:43,340 --> 03:58:45,060
 Aye.

3582
03:58:45,060 --> 03:58:46,060
 Commissioner McDade?

3583
03:58:46,060 --> 03:58:47,060
 Aye.

3584
03:58:47,060 --> 03:58:48,060
 Commissioner Pruitt?

3585
03:58:48,060 --> 03:58:49,060
 Nay.

3586
03:58:49,060 --> 03:58:52,580
 The chair is an aye.

3587
03:58:52,580 --> 03:58:56,940
 That motion will carry 6-1.

3588
03:58:56,940 --> 03:59:04,540
 This will go next to City Council on September 27th.

3589
03:59:04,540 --> 03:59:08,180
 It will be a public hearing item for them.

3590
03:59:08,180 --> 03:59:14,260
 With our recommendation for denial, I believe they will need a super majority at Council.

3591
03:59:14,260 --> 03:59:17,340
 Is that correct, Hillary?

3592
03:59:17,340 --> 03:59:18,340
 Thank you very much.

3593
03:59:18,340 --> 03:59:23,600
 I am going to call a recess here at 923 so we can clear the room.

3594
03:59:23,600 --> 03:59:26,540
 We do have two more public hearing items to hear.

3595
03:59:26,540 --> 03:59:29,820
 Why don't we go ahead and take a 10-minute break?

3596
03:59:29,820 --> 03:59:36,740
 Thank you.

3597
03:59:36,740 --> 03:59:39,820
 Thank you, everyone, for your patience and allowing us to take a brief recess.

3598
03:59:39,820 --> 03:59:43,660
 I will call us back to order at 936 p.m.

3599
03:59:43,660 --> 03:59:47,020
 We are on to our next public hearing item for this evening.

3600
03:59:47,020 --> 03:59:48,500
 It's 5DZ22-0006.

3601
03:59:48,500 --> 03:59:54,460
 I will invite Ron up for presentation and open the public hearing.

3602
03:59:54,460 --> 03:59:55,460
 Hello, Ron.

3603
03:59:55,460 --> 03:59:58,980
 Thank you, Madam Chair, members of the commission, Ron Mingata, principal planner with Development

3604
03:59:58,980 --> 03:59:59,980
 Services.

3605
03:59:59,980 --> 04:00:04,860
 This item for your consideration is a rezoning change for property.

3606
04:00:04,860 --> 04:00:11,260
 The property is located on the northeast corner of Thomas Egan Road and University Drive.

3607
04:00:11,260 --> 04:00:14,060
 It's approximately 9.56 acres.

3608
04:00:14,060 --> 04:00:19,060
 As you can see with this exhibit here to the right, it is currently undeveloped.

3609
04:00:19,060 --> 04:00:23,780
 The intention of the applicant is to develop with an industrial use, specifically a building.

3610
04:00:23,780 --> 04:00:28,100
 I want to make note that the property, the two tracks north of this subject property

3611
04:00:28,100 --> 04:00:31,660
 is also owned by the property owner and applicant.

3612
04:00:31,660 --> 04:00:37,900
 For the future land use map, the subject area is designated as light industrial.

3613
04:00:37,900 --> 04:00:44,340
 By definition or description that is of the light industrial is intended for light industrial

3614
04:00:44,340 --> 04:00:50,780
 activity, specifically along adequate access, and if there is easy transition, that is also

3615
04:00:50,780 --> 04:00:53,220
 part of that designation.

3616
04:00:53,220 --> 04:01:00,260
 Per development code, approval criteria for approval, it meets the criteria.

3617
04:01:00,260 --> 04:01:03,820
 The proposal is consistent, again, with the future land use map.

3618
04:01:03,820 --> 04:01:07,980
 The goals and policies of the comprehensive plan, consistent with the purpose of an LI

3619
04:01:07,980 --> 04:01:11,260
 zoning district, which is what's being requested.

3620
04:01:11,260 --> 04:01:17,300
 The zoning will not, at least not anticipated to generate significant adverse environmental

3621
04:01:17,300 --> 04:01:21,740
 impact infrastructure or fiscal impacts related to that.

3622
04:01:21,740 --> 04:01:27,460
 Utilities and infrastructure, when developed, can be served and meet the capacity for the

3623
04:01:27,460 --> 04:01:31,580
 proposed use or zoning.

3624
04:01:31,580 --> 04:01:36,500
 Publications were sent out to property owners, six specifically to property owners, three

3625
04:01:36,500 --> 04:01:42,620
 to residents within the area, and as of this afternoon, this evening, there has been no

3626
04:01:42,620 --> 04:01:46,180
 written response submitted to staff.

3627
04:01:46,180 --> 04:01:51,120
 With that, staff recommends approval as it, again, meets the development code approval

3628
04:01:51,120 --> 04:01:58,420
 criteria per section 245E as well as 272D, and with that, I'll stand for any questions.

3629
04:01:58,420 --> 04:02:04,180
 The applicant is here if you have any questions for the applicant.

3630
04:02:04,180 --> 04:02:05,460
 Thank you, Ron.

3631
04:02:05,460 --> 04:02:11,380
 Any questions for Ron at this moment?

3632
04:02:11,380 --> 04:02:17,100
 I will ask you this as staff was looking over this.

3633
04:02:17,100 --> 04:02:21,100
 This is just down the road recently where we had an LI discussion.

3634
04:02:21,100 --> 04:02:28,220
 I know it's not exactly the same thing, but it is in a similar area.

3635
04:02:28,220 --> 04:02:35,620
 This is a little bit more rural, but yeah, we still have plenty of residences.

3636
04:02:35,620 --> 04:02:43,300
 Did staff think through any kind of neighborhood protection, think about any of that before

3637
04:02:43,300 --> 04:02:45,780
 just recommending this straight ally zoning?

3638
04:02:45,780 --> 04:02:46,780
 Yeah, no, certainly.

3639
04:02:46,780 --> 04:02:52,180
 We looked at different, even particularly different zoning district, but I know that

3640
04:02:52,180 --> 04:02:56,820
 with the development code, there's actually built-in buffer and screening requirements.

3641
04:02:56,820 --> 04:03:02,460
 Again, you have Thomas Egan, which is a secondary arterial to the west, University to the south,

3642
04:03:02,460 --> 04:03:03,820
 the properties to the north.

3643
04:03:03,820 --> 04:03:08,100
 Again, that's probably where you're referring to a more rural agriculture.

3644
04:03:08,100 --> 04:03:15,540
 I think ultimately, the general or the comprehensive plan shows that area to be developing more

3645
04:03:15,540 --> 04:03:17,020
 intense use.

3646
04:03:17,020 --> 04:03:23,340
 The area in general along US 380, you've got the industrial uses to the south, and again,

3647
04:03:23,340 --> 04:03:25,300
 all of that was taken into consideration.

3648
04:03:25,300 --> 04:03:30,900
 Specifically, again, with those built-in buffer requirements and screening and landscaping,

3649
04:03:30,900 --> 04:03:33,900
 we felt comfortable with the ally.

3650
04:03:33,900 --> 04:03:40,860
 I guess my concern is with a domino effect from these other R2 designations along 380,

3651
04:03:40,860 --> 04:03:47,380
 which obviously we know they're probably going to change from R2, but we do have right to

3652
04:03:47,380 --> 04:03:53,260
 the east of there, it's like Willow, Cottonwood.

3653
04:03:53,260 --> 04:03:58,140
 I think those are maybe one acre, but it's more of like a neighborhood.

3654
04:03:58,140 --> 04:04:02,340
 It's not a huge neighborhood, but there are several single-family residences not too far

3655
04:04:02,340 --> 04:04:07,300
 down the road from this particular parcel.

3656
04:04:07,300 --> 04:04:12,940
 We acknowledge that, and that's actually shown on the future line use map, as you see here

3657
04:04:12,940 --> 04:04:19,820
 in the orange, given that that's an existing use, and certainly as part of any analysis,

3658
04:04:19,820 --> 04:04:21,180
 we will look at that now.

3659
04:04:21,180 --> 04:04:27,300
 The other part of what we looked at was the property is going to be developed just west

3660
04:04:27,300 --> 04:04:33,900
 of an existing floodplain in ESA, so that would serve somewhat of a buffer to the east.

3661
04:04:33,900 --> 04:04:34,900
 Okay.

3662
04:04:34,900 --> 04:04:35,900
 Thanks, Ron.

3663
04:04:35,900 --> 04:04:36,900
 That helps.

3664
04:04:36,900 --> 04:04:37,900
 You're welcome.

3665
04:04:37,900 --> 04:04:38,900
 Appreciate it.

3666
04:04:38,900 --> 04:04:39,900
 Commissioner Pruitt.

3667
04:04:39,900 --> 04:04:40,900
 Thank you, Chair.

3668
04:04:40,900 --> 04:04:44,420
 Ron, just a quick question so I make sure I don't put things in the wrong order.

3669
04:04:44,420 --> 04:04:51,100
 I recall maybe a couple of years ago, there was a voluntary annexation and then rezoning

3670
04:04:51,100 --> 04:04:54,180
 for a subdivision down south of Hickory Creek.

3671
04:04:54,180 --> 04:05:00,900
 I think it was a sage book or something like that, and I recall that at least in that case,

3672
04:05:00,900 --> 04:05:06,660
 we had the voluntary annexation come before council or PNZ and then council, and then

3673
04:05:06,660 --> 04:05:13,460
 after that, there was a rezoning of that plus another parcel next to it from a previous

3674
04:05:13,460 --> 04:05:17,000
 zoning that was in the city into their new zoning.

3675
04:05:17,000 --> 04:05:19,660
 That seems like it was a different order than this.

3676
04:05:19,660 --> 04:05:25,900
 Is the order of doing the annexation and the rezoning something that staff just leaves

3677
04:05:25,900 --> 04:05:29,900
 up to the applicant however they want, or is that something that we typically prefer

3678
04:05:29,900 --> 04:05:31,500
 in one way or another?

3679
04:05:31,500 --> 04:05:32,500
 Certainly.

3680
04:05:32,500 --> 04:05:35,100
 Obviously, that's an option as well.

3681
04:05:35,100 --> 04:05:40,640
 We did discuss that with the applicant and actually advised them to do so, but again,

3682
04:05:40,640 --> 04:05:44,440
 we don't have a say if they do or not.

3683
04:05:44,440 --> 04:05:49,620
 They chose to go this route as part of their process, and again, the applicants here, you

3684
04:05:49,620 --> 04:05:52,420
 can probably better explain to why that is.

3685
04:05:52,420 --> 04:05:53,500
 Thank you.

3686
04:05:53,500 --> 04:05:54,900
 Thank you.

3687
04:05:54,900 --> 04:05:56,500
 Anything else for Brown at this time?

3688
04:05:56,500 --> 04:05:57,500
 Okay.

3689
04:05:57,500 --> 04:05:58,500
 Okay.

3690
04:05:58,500 --> 04:06:03,980
 I've got, I guess, just one, well, the applicant's here, right, with the presentation or ...

3691
04:06:03,980 --> 04:06:12,300
 Yeah, well, come on up and I'll let you do that.

3692
04:06:12,300 --> 04:06:13,300
 And hi.

3693
04:06:13,300 --> 04:06:14,300
 Hi.

3694
04:06:14,300 --> 04:06:15,300
 My name is Justin Toon.

3695
04:06:15,300 --> 04:06:17,260
 How are you all tonight?

3696
04:06:17,260 --> 04:06:20,380
 Yeah, just happy to hear to answer questions.

3697
04:06:20,380 --> 04:06:21,380
 Okay.

3698
04:06:21,380 --> 04:06:26,380
 Maybe to Commissioner Pruitt's question, I don't know if you heard his question or why-

3699
04:06:26,380 --> 04:06:32,900
 I'll try to restate it a little bit more succinctly because I'm not typically good at that.

3700
04:06:32,900 --> 04:06:38,860
 Why bring this application for this part of the land that you own, which is already in

3701
04:06:38,860 --> 04:06:45,340
 the city limits for rezoning before you go through the voluntary annexation process?

3702
04:06:45,340 --> 04:06:46,340
 Yes, sir.

3703
04:06:46,340 --> 04:06:52,900
 So we actually have, we've actually done all the work as well for the annexation portion

3704
04:06:52,900 --> 04:06:59,460
 as well, but after further discussion with Ron and actually he had spoken with Yale's

3705
04:06:59,460 --> 04:07:06,980
 legal department as well, there wasn't any way to tie the two together and guarantee

3706
04:07:06,980 --> 04:07:08,820
 that we would get the preferred zoning.

3707
04:07:08,820 --> 04:07:15,020
 And so what we elected to do is it would take an additional rezoning step.

3708
04:07:15,020 --> 04:07:21,540
 We realize now we'll have to do a rezone, an annex, and then another rezone, but we're

3709
04:07:21,540 --> 04:07:30,000
 willing to do that in order to ensure that we get the rezoning that we desired.

3710
04:07:30,000 --> 04:07:37,300
 Just to make sure I understand, in order to give you a higher confidence that a future

3711
04:07:37,300 --> 04:07:42,980
 zoning might go through if you were to choose to be voluntarily annexed?

3712
04:07:42,980 --> 04:07:43,980
 Correct.

3713
04:07:43,980 --> 04:07:44,980
 Okay.

3714
04:07:44,980 --> 04:07:45,980
 Thank you.

3715
04:07:45,980 --> 04:07:53,180
 Yes, Hillary.

3716
04:07:53,180 --> 04:07:54,180
 Thank you.

3717
04:07:54,180 --> 04:07:57,540
 Since this relates to an interpretation that I made, I thought I might just add a little

3718
04:07:57,540 --> 04:07:58,940
 bit of additional color.

3719
04:07:58,940 --> 04:07:59,940
 Thank you.

3720
04:07:59,940 --> 04:08:05,380
 Tying an annexation and a rezoning together saying that we will annex if we get preferred

3721
04:08:05,380 --> 04:08:12,980
 zoning type X is just improper contract zoning and we can't recommend the city take that

3722
04:08:12,980 --> 04:08:16,900
 action from a risk perspective.

3723
04:08:16,900 --> 04:08:17,900
 Thank you.

3724
04:08:17,900 --> 04:08:18,900
 Thank you.

3725
04:08:18,900 --> 04:08:20,140
 Appreciate that.

3726
04:08:20,140 --> 04:08:22,140
 Any other questions at the moment?

3727
04:08:22,140 --> 04:08:23,140
 Any applicant?

3728
04:08:23,140 --> 04:08:24,140
 Okay.

3729
04:08:24,140 --> 04:08:25,140
 Thank you for coming up and answering that one.

3730
04:08:25,140 --> 04:08:26,140
 Yes.

3731
04:08:26,140 --> 04:08:27,140
 Thank you.

3732
04:08:27,140 --> 04:08:29,220
 I do have one card here.

3733
04:08:29,220 --> 04:08:32,740
 It is in support of this item and it's Sylvia Phillips.

3734
04:08:32,740 --> 04:08:35,100
 Oh, she did leave.

3735
04:08:35,100 --> 04:08:36,100
 Okay.

3736
04:08:36,100 --> 04:08:40,660
 So I'm going to assume that she does not want to speak, but she is in support of this item

3737
04:08:40,660 --> 04:08:41,660
 tonight.

3738
04:08:41,660 --> 04:08:44,460
 I don't have any other cards on this item.

3739
04:08:44,460 --> 04:08:47,860
 Is there anyone here wishing to speak?

3740
04:08:47,860 --> 04:08:50,440
 Okay.

3741
04:08:50,440 --> 04:08:52,820
 Seeing none and I don't have any callers for this.

3742
04:08:52,820 --> 04:08:57,700
 I will close the public hearing and open the floor for a motion or discussion.

3743
04:08:57,700 --> 04:09:00,100
 Commissioner Pruitt, you're still on there, but is that from previous?

3744
04:09:00,100 --> 04:09:01,100
 Okay.

3745
04:09:01,100 --> 04:09:02,100
 Commissioner Smith.

3746
04:09:02,100 --> 04:09:03,100
 Make a motion to approve.

3747
04:09:03,100 --> 04:09:04,100
 Okay.

3748
04:09:04,100 --> 04:09:05,100
 Commissioner Anderson?

3749
04:09:05,100 --> 04:09:06,100
 A second.

3750
04:09:06,100 --> 04:09:07,100
 Okay.

3751
04:09:07,100 --> 04:09:08,820
 We've got a first and a second for approval.

3752
04:09:08,820 --> 04:09:11,100
 Is there further discussion?

3753
04:09:11,100 --> 04:09:14,400
 Okay.

3754
04:09:14,400 --> 04:09:15,400
 Seeing none.

3755
04:09:15,400 --> 04:09:17,260
 I will take a roll call vote.

3756
04:09:17,260 --> 04:09:18,260
 Commissioner Smith?

3757
04:09:18,260 --> 04:09:19,260
 Aye.

3758
04:09:19,260 --> 04:09:20,260
 Commissioner Anderson?

3759
04:09:20,260 --> 04:09:21,260
 Aye.

3760
04:09:21,260 --> 04:09:22,260
 Commissioner Cole?

3761
04:09:22,260 --> 04:09:23,260
 Aye.

3762
04:09:23,260 --> 04:09:24,260
 Commissioner Villarreal?

3763
04:09:24,260 --> 04:09:25,260
 Aye.

3764
04:09:25,260 --> 04:09:26,260
 Commissioner McDade?

3765
04:09:26,260 --> 04:09:27,260
 Aye.

3766
04:09:27,260 --> 04:09:28,260
 Commissioner Pruitt?

3767
04:09:28,260 --> 04:09:29,260
 Aye.

3768
04:09:29,260 --> 04:09:30,820
 Chair has an aye.

3769
04:09:30,820 --> 04:09:33,600
 That motion carries seven zero.

3770
04:09:33,600 --> 04:09:41,180
 That will take us to our final public hearing item for tonight, 5E DCA22-0004.

3771
04:09:41,180 --> 04:09:46,260
 We'll invite Ron up for presentation and open the public hearing.

3772
04:09:46,260 --> 04:09:53,940
 Thank you, Madam Chair, for my presentation real quick.

3773
04:09:53,940 --> 04:09:59,700
 Presented to you this evening is a proposed code amendment to our parking requirements.

3774
04:09:59,700 --> 04:10:03,060
 Before we get to the actual requirements, I just wanted to spend a few minutes, I know

3775
04:10:03,060 --> 04:10:06,360
 we talked about this during the work session, but for the viewing audience, I want to make

3776
04:10:06,360 --> 04:10:09,580
 sure that I did share this information.

3777
04:10:09,580 --> 04:10:15,660
 Obviously, the reasons why we have parking regulations is really to find an actual parking

3778
04:10:15,660 --> 04:10:22,100
 need or address a parking need without going below or above that, but also to mitigate

3779
04:10:22,100 --> 04:10:26,900
 a couple of other things as well, mitigate traffic, enhance the vehicle and bicycle and

3780
04:10:26,900 --> 04:10:33,860
 pedestrian safety as a result of the parking being provided, multimodal transportation

3781
04:10:33,860 --> 04:10:39,860
 options, encourage that as well, address the storm water and heat runoff or heat island

3782
04:10:39,860 --> 04:10:46,860
 effect that is, address water quality and as part of the landscaping and screening buffering,

3783
04:10:46,860 --> 04:10:51,340
 provide some mitigation to address any adverse visual impact.

3784
04:10:51,340 --> 04:10:56,420
 There are several sections of the code that talk specifically to exemptions.

3785
04:10:56,420 --> 04:10:59,940
 Parking is exempt if a property is less than $5,000.

3786
04:10:59,940 --> 04:11:06,740
 In the MD zoning district, there are exemptions for residential developments less than 10

3787
04:11:06,740 --> 04:11:08,540
 or fewer units.

3788
04:11:08,540 --> 04:11:12,060
 Non-residential developments are not required to provide additional parking, again, in the

3789
04:11:12,060 --> 04:11:15,180
 MD zoning district.

3790
04:11:15,180 --> 04:11:20,540
 The other part is if there is a need to have a parking alternative, there are options available

3791
04:11:20,540 --> 04:11:22,540
 in the code that you see here.

3792
04:11:22,540 --> 04:11:28,660
 These are options that can go below the requirements, but they can also increase.

3793
04:11:28,660 --> 04:11:33,340
 If they were to propose something, they would need to submit a parking study and that is

3794
04:11:33,340 --> 04:11:36,220
 considered by the planning director.

3795
04:11:36,220 --> 04:11:40,980
 So with that said, the parking code amendments that we have here is really to ensure that

3796
04:11:40,980 --> 04:11:46,820
 there's actual parking or the actual parking needs are provided for the uses that I will

3797
04:11:46,820 --> 04:11:47,820
 go through.

3798
04:11:47,820 --> 04:11:54,260
 Also, to further clarify that is, some of the requirements and also add some procedures

3799
04:11:54,260 --> 04:11:58,980
 to help with some of that flexibility that we talked about earlier.

3800
04:11:58,980 --> 04:12:02,700
 Before bringing it forward to the Planning Zoning Commission, the Denton Development

3801
04:12:02,700 --> 04:12:09,940
 Code Review Committee did meet with staff and staff presented this item to them four

3802
04:12:09,940 --> 04:12:10,940
 specific times.

3803
04:12:10,940 --> 04:12:16,060
 There was a lot of discussions, four meetings like I said, February, two in March and one

3804
04:12:16,060 --> 04:12:20,940
 in April and the sections that we're going to be talking about or go over is what's listed

3805
04:12:20,940 --> 04:12:25,060
 here on the right.

3806
04:12:25,060 --> 04:12:32,220
 Real quickly, the uses that are being proposed to amend the parking code requirements are

3807
04:12:32,220 --> 04:12:35,540
 town homes, duplex and manufactured home development.

3808
04:12:35,540 --> 04:12:40,580
 Staff is proposing to reduce the parking requirements from four spaces per dwelling unit to two spaces

3809
04:12:40,580 --> 04:12:43,260
 per dwelling unit.

3810
04:12:43,260 --> 04:12:49,500
 Build and childcare going from one space per 500 to one space per 10 children or adults

3811
04:12:49,500 --> 04:12:55,420
 as well as provide one space for each employee on the largest shift.

3812
04:12:55,420 --> 04:13:00,340
 For religious assembly, wanting to use not necessarily the square footage of one space

3813
04:13:00,340 --> 04:13:08,140
 per 250 square feet but rather use the building code occupancy load to base that parking ratio

3814
04:13:08,140 --> 04:13:13,860
 and again that would be one space per four occupancy load.

3815
04:13:13,860 --> 04:13:19,780
 Business trade school, college and university, because of the type of schools and programs

3816
04:13:19,780 --> 04:13:26,500
 that many of these schools have differences, we wanted to give them the flexibility and

3817
04:13:26,500 --> 04:13:32,700
 make that parking requirement based off of what their needs are so a direct determination

3818
04:13:32,700 --> 04:13:37,420
 is what staff's proposing for these two uses.

3819
04:13:37,420 --> 04:13:41,980
 Student school and public school, we spent some time with this with the DCRC.

3820
04:13:41,980 --> 04:13:48,460
 We also communicated or worked with DISD staff and based on their input we are proposing

3821
04:13:48,460 --> 04:13:51,900
 elementary or middle school to be one space per 12 students.

3822
04:13:51,900 --> 04:13:56,620
 In high school, one space per two students design capacity.

3823
04:13:56,620 --> 04:14:02,220
 In addition to that, plus one space per employee on the largest shift, again this is to address

3824
04:14:02,220 --> 04:14:08,820
 the employee need for parking and lastly guest parking spaces as well, often schools have

3825
04:14:08,820 --> 04:14:13,900
 events and other programs and this is to address those parking needs.

3826
04:14:13,900 --> 04:14:21,260
 Restaurants, private club, bar, tavern and lounge, we did speak to this or I presented

3827
04:14:21,260 --> 04:14:26,900
 to this during the work session that is and spent and shared some examples with you so

3828
04:14:26,900 --> 04:14:30,980
 I won't go through all those examples but what staff is proposing is to use the occupancy

3829
04:14:30,980 --> 04:14:38,320
 load for that particular use in that building and one space per four occupancy load plus

3830
04:14:38,320 --> 04:14:41,820
 one space for each employee on the largest shift.

3831
04:14:41,820 --> 04:14:49,300
 Again also adding additional parking for those takeout events as well as where folks have

3832
04:14:49,300 --> 04:14:57,200
 deliveries they can have a particular space dedicated just for them up to five spaces.

3833
04:14:57,200 --> 04:15:03,460
 We jump into the craft alcohol production, we are again going away from the one space

3834
04:15:03,460 --> 04:15:08,440
 per 1,000 square feet production area and focusing on the number of employees on the

3835
04:15:08,440 --> 04:15:13,480
 largest shift and if they do have a seating or tasting area we are proposing one space

3836
04:15:13,480 --> 04:15:21,420
 per four occupancy load again to be consistent with the restaurant requirements as well.

3837
04:15:21,420 --> 04:15:28,620
 Food processing as well as warehouse manufacturing and other manufacturing we are proposing one

3838
04:15:28,620 --> 04:15:35,540
 space per employee on the largest shift or this is or one space per 3,500 square feet

3839
04:15:35,540 --> 04:15:43,300
 of gross floor area, 3,500 square feet really was developed using other cities that have

3840
04:15:43,300 --> 04:15:45,420
 actually similar developments.

3841
04:15:45,420 --> 04:15:51,340
 We also used it based on some of the parking analysis and parking studies that were submitted

3842
04:15:51,340 --> 04:15:56,860
 for these types of uses and we ended up with one space per 3,500 square feet.

3843
04:15:56,860 --> 04:16:02,340
 I talked about earlier about the procedures, this is one add to help some with the flexibility,

3844
04:16:02,340 --> 04:16:07,820
 we are adding a director determination for the ability to reduce the number of parking

3845
04:16:07,820 --> 04:16:17,260
 spaces for uses that are listed in the table 7.9-I, so this is provided for that purpose.

3846
04:16:17,260 --> 04:16:24,100
 Lastly multifamily dwelling we added to the mixed use and non-residential development

3847
04:16:24,100 --> 04:16:27,140
 regarding infill and redevelopment.

3848
04:16:27,140 --> 04:16:31,340
 If a development were to propose multifamily they would be able to reduce their parking

3849
04:16:31,340 --> 04:16:37,660
 up to 10% if they fit the definition of where they are proposing as an infill or redevelopment

3850
04:16:37,660 --> 04:16:40,180
 project.

3851
04:16:40,180 --> 04:16:44,340
 That concludes my presentation and I will stand for any questions.

3852
04:16:44,340 --> 04:16:45,760
 Thank you Ron.

3853
04:16:45,760 --> 04:16:47,120
 Commissioner Villarreal.

3854
04:16:47,120 --> 04:16:51,940
 Thank you for the presentation Ron and thank you for everything you have done on this.

3855
04:16:51,940 --> 04:16:57,180
 So it all sounds great on paper and I was a member of the DCRC when this was discussed

3856
04:16:57,180 --> 04:17:03,660
 and brought forward and in theory having parking minimums makes sense and increasing the minimums

3857
04:17:03,660 --> 04:17:10,620
 to match current restaurant standards makes sense, but when we had the lower minimums

3858
04:17:10,620 --> 04:17:16,140
 the restaurants you presented already exceeded the minimum and not only the initial minimum

3859
04:17:16,140 --> 04:17:20,260
 that we have currently, but they would have exceeded the new minimum and the folks who

3860
04:17:20,260 --> 04:17:26,620
 are coming forward with consternation and have difficulties with this amendment want

3861
04:17:26,620 --> 04:17:27,940
 below the minimum.

3862
04:17:27,940 --> 04:17:34,420
 So it sounds to me that I guess my question is why do we want a minimum at all for retail

3863
04:17:34,420 --> 04:17:40,400
 restaurants and why does it make sense from your perspective to increase it to match where

3864
04:17:40,400 --> 04:17:43,220
 restaurants are already going towards, right?

3865
04:17:43,220 --> 04:17:48,220
 Can we continue to allow restaurants to make those own determinations?

3866
04:17:48,220 --> 04:17:54,380
 So yes, the two examples that we showed were from the razor ranch area so they didn't have

3867
04:17:54,380 --> 04:17:59,380
 really that, but I wanted to share with you how the new code would apply.

3868
04:17:59,380 --> 04:18:02,260
 To your first question, why should we have a minimum for restaurants?

3869
04:18:02,260 --> 04:18:04,780
 I think you referenced restaurants specifically.

3870
04:18:04,780 --> 04:18:09,420
 I think as you know and I think it was mentioned earlier, you know as the population grows

3871
04:18:09,420 --> 04:18:15,300
 obviously the number of parking spaces also gets impacted, right?

3872
04:18:15,300 --> 04:18:20,160
 And so we don't want cars to overflow onto adjacent streets or adjacent neighborhoods

3873
04:18:20,160 --> 04:18:27,620
 so having that minimum ensures that public health safety is provided and addressed traffic

3874
04:18:27,620 --> 04:18:30,220
 and safety and all of the above.

3875
04:18:30,220 --> 04:18:36,300
 So that's why we have a minimum for parking for that particular use.

3876
04:18:36,300 --> 04:18:41,420
 Should we just eliminate minimum parkings altogether and have the restaurants or the

3877
04:18:41,420 --> 04:18:44,300
 uses make that determination?

3878
04:18:44,300 --> 04:18:45,300
 That's really hard to say.

3879
04:18:45,300 --> 04:18:48,180
 I mean I think that's more of a policy question that I'm not able to answer.

3880
04:18:48,180 --> 04:18:52,460
 I think we want to make sure we protect the citizens and by doing so establishing a minimum

3881
04:18:52,460 --> 04:18:57,180
 is what we would recommend.

3882
04:18:57,180 --> 04:18:59,900
 Thank you.

3883
04:18:59,900 --> 04:19:00,900
 Thanks Ron.

3884
04:19:00,900 --> 04:19:01,900
 Commissioner Anderson.

3885
04:19:01,900 --> 04:19:02,900
 Thanks Chair.

3886
04:19:02,900 --> 04:19:08,020
 Ron, I know we spoke in the work session that this is not going to affect some of the businesses

3887
04:19:08,020 --> 04:19:12,940
 that are already in smaller established little areas that they're going to still be okay,

3888
04:19:12,940 --> 04:19:13,940
 correct?

3889
04:19:13,940 --> 04:19:14,940
 That's correct.

3890
04:19:14,940 --> 04:19:20,740
 Any existing restaurants would be fined or obviously be non-conforming, however if a

3891
04:19:20,740 --> 04:19:26,020
 restaurant use was to be taken over by another restaurant obviously they would still continue

3892
04:19:26,020 --> 04:19:30,500
 because they're occupying an existing resident, I'm sorry restaurant use.

3893
04:19:30,500 --> 04:19:33,500
 And also for taverns and bars and stuff like this as well.

3894
04:19:33,500 --> 04:19:39,520
 Yes, every all the uses that are listed here are all the same.

3895
04:19:39,520 --> 04:19:47,260
 And Ron to clarify, this does not apply to MD District, correct?

3896
04:19:47,260 --> 04:19:53,540
 As I mentioned earlier, any uses both residential and non-residential in the MD Zoning District,

3897
04:19:53,540 --> 04:19:59,420
 which is pretty much the downtown area and the surrounding areas would not, would still

3898
04:19:59,420 --> 04:20:02,420
 be exempt from these parking requirements.

3899
04:20:02,420 --> 04:20:03,420
 Right.

3900
04:20:03,420 --> 04:20:04,420
 Okay.

3901
04:20:04,420 --> 04:20:05,420
 Commissioner Smith.

3902
04:20:05,420 --> 04:20:06,420
 Thank you Chair.

3903
04:20:06,420 --> 04:20:12,060
 Ron, whenever let's say a business wants to expand a restaurant or they need to do a remodel,

3904
04:20:12,060 --> 04:20:18,100
 I know in work session you said a 50% remodel, how is that calculated, who enforces that?

3905
04:20:18,100 --> 04:20:20,820
 Is that the certificate of occupancy process?

3906
04:20:20,820 --> 04:20:25,500
 I know it's in the development code, but when does that get kicked off and how do we make

3907
04:20:25,500 --> 04:20:31,700
 sure that that gets known by the person who's wanting to do the remodel or the expansion

3908
04:20:31,700 --> 04:20:33,420
 before they begin that process?

3909
04:20:33,420 --> 04:20:34,420
 Right.

3910
04:20:34,420 --> 04:20:39,620
 So obviously they're submittal for their application, obviously they're going to submit an expansion

3911
04:20:39,620 --> 04:20:43,500
 based on the existing square footage and we calculate, there's a definition for how square

3912
04:20:43,500 --> 04:20:45,820
 footage is calculated.

3913
04:20:45,820 --> 04:20:52,900
 That number, anything 50% or below would follow just that particular area and providing that

3914
04:20:52,900 --> 04:20:53,900
 additional parking.

3915
04:20:53,900 --> 04:20:58,900
 However, they go above that 50%, then the entire site will have to comply with the parking

3916
04:20:58,900 --> 04:21:02,060
 requirements in place during that time.

3917
04:21:02,060 --> 04:21:07,600
 So what if I'm a business owner and I do a 40% expansion and then three years later

3918
04:21:07,600 --> 04:21:10,300
 I do another 40% expansion?

3919
04:21:10,300 --> 04:21:15,300
 So there should be some, yeah, some project management there and of course we would try

3920
04:21:15,300 --> 04:21:17,500
 to keep track of that as much as possible.

3921
04:21:17,500 --> 04:21:18,500
 Okay.

3922
04:21:18,500 --> 04:21:22,660
 And then I know on nonconformities from my time on DCRC that on nonconformities in the

3923
04:21:22,660 --> 04:21:26,260
 past if there's a destruction of the building or a condemnation of the building, like a

3924
04:21:26,260 --> 04:21:31,300
 fire or something else that happens, that when that building gets rebuilt it then is

3925
04:21:31,300 --> 04:21:34,180
 falling, now has to fall underneath the new code, correct?

3926
04:21:34,180 --> 04:21:37,660
 So that would remain the same with parking requirements?

3927
04:21:37,660 --> 04:21:38,660
 Correct.

3928
04:21:38,660 --> 04:21:40,020
 That would follow as well.

3929
04:21:40,020 --> 04:21:47,260
 There's certain monetary number, right, that has to exceed and if it does then that would

3930
04:21:47,260 --> 04:21:48,260
 apply.

3931
04:21:48,260 --> 04:21:52,340
 Now they also have the ability to apply for a variance in that particular case through

3932
04:21:52,340 --> 04:21:54,580
 the Zoning Board of Adjustments, so that's something else too.

3933
04:21:54,580 --> 04:21:55,580
 Okay.

3934
04:21:55,580 --> 04:21:58,540
 They can only apply for a variance in that specific instance of a destruction of the

3935
04:21:58,540 --> 04:21:59,540
 building.

3936
04:21:59,540 --> 04:22:02,940
 They can't apply for a variance in the experience or anything else like that or can they apply

3937
04:22:02,940 --> 04:22:04,780
 for a variance in all scenarios?

3938
04:22:04,780 --> 04:22:09,400
 So I think just particularly for that now if they choose to want to increase their parking

3939
04:22:09,400 --> 04:22:13,460
 or decrease their parking, there's all the other alternatives that we discussed earlier

3940
04:22:13,460 --> 04:22:16,460
 that they can submit to the planning director to review.

3941
04:22:16,460 --> 04:22:17,460
 Okay.

3942
04:22:17,460 --> 04:22:21,460
 So what you're saying is that the change of the code is not necessarily a hard and fast.

3943
04:22:21,460 --> 04:22:22,460
 There are some opportunities.

3944
04:22:22,460 --> 04:22:23,460
 Absolutely.

3945
04:22:23,460 --> 04:22:26,660
 And I think if I haven't stressed that enough, that's something that I think Tina mentioned

3946
04:22:26,660 --> 04:22:31,000
 during the work session and I think we discussed also that there are options and flexibility

3947
04:22:31,000 --> 04:22:37,740
 built into the parking requirements to allow for these uses to submit their studies to

3948
04:22:37,740 --> 04:22:39,260
 support their request.

3949
04:22:39,260 --> 04:22:40,260
 Okay.

3950
04:22:40,260 --> 04:22:44,820
 The only problem with it is it might create some undue cost and time measures for business

3951
04:22:44,820 --> 04:22:45,820
 owners now is the only problem.

3952
04:22:45,820 --> 04:22:46,820
 Right.

3953
04:22:46,820 --> 04:22:50,100
 And I mean they have to certainly provide the research and support.

3954
04:22:50,100 --> 04:22:53,180
 It's not just a letter with, you know, we want this, it has to be supported by some

3955
04:22:53,180 --> 04:22:54,180
 data.

3956
04:22:54,180 --> 04:22:55,180
 Gotcha.

3957
04:22:55,180 --> 04:22:56,180
 Thanks.

3958
04:22:56,180 --> 04:22:58,740
 Commissioner Anderson, do you want to open up?

3959
04:22:58,740 --> 04:22:59,740
 Yes.

3960
04:22:59,740 --> 04:23:00,740
 Yes.

3961
04:23:00,740 --> 04:23:01,740
 One more thing.

3962
04:23:01,740 --> 04:23:07,580
 Again, MD area, downtown, all that stuff, if there was a fire, they do not have to rebuild

3963
04:23:07,580 --> 04:23:09,620
 to the parking code, correct?

3964
04:23:09,620 --> 04:23:10,620
 Because there is no place to park.

3965
04:23:10,620 --> 04:23:11,620
 There is no parking requirement.

3966
04:23:11,620 --> 04:23:12,620
 Right.

3967
04:23:12,620 --> 04:23:13,620
 Okay.

3968
04:23:13,620 --> 04:23:14,620
 There's no parking code in the MD district.

3969
04:23:14,620 --> 04:23:15,620
 I appreciate the question.

3970
04:23:15,620 --> 04:23:22,860
 All this stuff, so.

3971
04:23:22,860 --> 04:23:23,860
 Commissioner Pruitt.

3972
04:23:23,860 --> 04:23:25,380
 Thank you, Chair.

3973
04:23:25,380 --> 04:23:26,540
 Just a couple of questions.

3974
04:23:26,540 --> 04:23:32,700
 Ron, can you remind me, and I know that every project would be different because the new

3975
04:23:32,700 --> 04:23:36,800
 calculation would be based on a floor plan and that kind of thing, but can you remind

3976
04:23:36,800 --> 04:23:42,500
 me kind of what multiplier increase we're talking about for the restaurant specific

3977
04:23:42,500 --> 04:23:48,140
 use in those examples that you brought between the current requirement and the proposed requirement?

3978
04:23:48,140 --> 04:23:49,140
 It's quite a lot.

3979
04:23:49,140 --> 04:23:55,800
 I think from the examples that we saw, some examples were from 10 to I think 40, you know,

3980
04:23:55,800 --> 04:24:01,300
 required based on the new requirements, and again, that's just to address just the employee,

3981
04:24:01,300 --> 04:24:08,100
 but also the square footages just seem to be not the appropriate way of calculating parking.

3982
04:24:08,100 --> 04:24:14,020
 So there was a significant, I think some of them over, I think 400%, but there was a significant

3983
04:24:14,020 --> 04:24:15,020
 jump.

3984
04:24:15,020 --> 04:24:16,020
 Okay.

3985
04:24:16,020 --> 04:24:17,020
 Thank you.

3986
04:24:17,020 --> 04:24:19,300
 And then just to make sure we're all in the same wavelength because when I read through

3987
04:24:19,300 --> 04:24:28,580
 the code, how many percent of changes to the building is complex.

3988
04:24:28,580 --> 04:24:33,900
 So in that less than 50% change, my understanding is that you're not allowed to do anything

3989
04:24:33,900 --> 04:24:38,580
 that increases the nonconformity.

3990
04:24:38,580 --> 04:24:45,360
 So in this case, say, heaven forbid we have another pandemic, but say something happens

3991
04:24:45,360 --> 04:24:49,420
 and it's desirable for a restaurant to put a couple of picnic tables out in the parking

3992
04:24:49,420 --> 04:24:51,460
 lot in an existing parking space.

3993
04:24:51,460 --> 04:24:54,620
 Would that be allowed or not?

3994
04:24:54,620 --> 04:24:57,340
 So repeat that one more time.

3995
04:24:57,340 --> 04:24:59,740
 What was being proposed?

3996
04:24:59,740 --> 04:25:05,460
 To do some alteration to the property, say put some outdoor seating down where a parking

3997
04:25:05,460 --> 04:25:12,100
 space used to be if they are already at or below the required parking under the code

3998
04:25:12,100 --> 04:25:13,100
 at that time.

3999
04:25:13,100 --> 04:25:19,900
 So obviously if there were to add seating or area, then the occupancy load would have

4000
04:25:19,900 --> 04:25:24,460
 to increase, and therefore the parking requirement would have to be adjusted, and so they would

4001
04:25:24,460 --> 04:25:27,740
 need to provide, if that is the case, additional parking on site.

4002
04:25:27,740 --> 04:25:28,740
 Okay.

4003
04:25:28,740 --> 04:25:31,860
 And then just one last thing.

4004
04:25:31,860 --> 04:25:36,340
 You mentioned, and thank you for covering the reasons that we do this, because this

4005
04:25:36,340 --> 04:25:41,000
 is one of those things where if we don't back up to the 10,000 foot view, we get very mired

4006
04:25:41,000 --> 04:25:49,020
 in the details, and that's probably mostly my fault, but I'll take a breath.

4007
04:25:49,020 --> 04:25:55,540
 You talked about some of those spillover effects of illegal parking or parking on a street

4008
04:25:55,540 --> 04:26:04,780
 that you're not supposed to park on, safety issues, that sort of thing.

4009
04:26:04,780 --> 04:26:10,500
 Have we experienced those because of our current parking requirement number in Denton that

4010
04:26:10,500 --> 04:26:11,500
 we've seen?

4011
04:26:11,500 --> 04:26:12,660
 Can you give us an example?

4012
04:26:12,660 --> 04:26:18,540
 So yeah, I think the quicker one that I can think of is the two ways off of I-35.

4013
04:26:18,540 --> 04:26:23,740
 I think that was one where they had to identify additional parking, I think mainly because

4014
04:26:23,740 --> 04:26:25,580
 they didn't have enough parking for their employees.

4015
04:26:25,580 --> 04:26:30,660
 So because I-35 is a frontage, and then I think it was Windsor, the road, that really

4016
04:26:30,660 --> 04:26:35,700
 wasn't able to provide on-street parking, so they had to go to an adjacent property.

4017
04:26:35,700 --> 04:26:39,940
 So things like that, that was one example I'm familiar with.

4018
04:26:39,940 --> 04:26:46,700
 I know that there are some other ones that are in the same area where they're parking

4019
04:26:46,700 --> 04:26:51,180
 on adjacent properties, now either permitted or not permitted.

4020
04:26:51,180 --> 04:26:56,220
 We don't want them to be parking on a street, especially when that street is not allowing

4021
04:26:56,220 --> 04:26:57,220
 parking per se.

4022
04:26:57,220 --> 04:27:03,380
 And that can certainly be an issue if there's a fire or there's a need to go through the

4023
04:27:03,380 --> 04:27:05,440
 street and there's not enough room for that.

4024
04:27:05,440 --> 04:27:14,300
 So again, all of that is towards trying to help make sure that there is adequate parking

4025
04:27:14,300 --> 04:27:16,940
 and that they're not overflowing onto the street.

4026
04:27:16,940 --> 04:27:17,940
 Sure, I understand.

4027
04:27:17,940 --> 04:27:21,860
 So I guess in the example you provided with Chewie's, is Chewie's still in business there?

4028
04:27:21,860 --> 04:27:23,460
 Were they able to work through those issues?

4029
04:27:23,460 --> 04:27:27,780
 Yeah, I believe they were able to purchase the property to the south and use that as

4030
04:27:27,780 --> 04:27:28,780
 additional parking.

4031
04:27:28,780 --> 04:27:32,260
 Okay, thank you.

4032
04:27:32,260 --> 04:27:33,260
 Thanks Ron.

4033
04:27:33,260 --> 04:27:37,580
 I think that might be all the questions for the moment.

4034
04:27:37,580 --> 04:27:40,820
 I do have several cards to speak on this item.

4035
04:27:40,820 --> 04:27:43,700
 The first one I have is James McBennett.

4036
04:27:43,700 --> 04:27:48,460
 Hi, if you'll state your name and address, your time will begin.

4037
04:27:48,460 --> 04:27:50,660
 Hi, I'm James McBennett, 818 West Oak.

4038
04:27:50,660 --> 04:27:54,220
 I just moved here a week ago, so I do not have experience of...

4039
04:27:54,220 --> 04:27:55,220
 Well, welcome.

4040
04:27:55,220 --> 04:27:56,220
 Thank you.

4041
04:27:56,220 --> 04:28:00,060
 But I have studied cities since I've been 18 years old, right from architecture school

4042
04:28:00,060 --> 04:28:03,220
 and onward.

4043
04:28:03,220 --> 04:28:06,820
 Looking at it from an economics perspective, from an architecture perspective, from a quality

4044
04:28:06,820 --> 04:28:12,740
 of life perspective, from a healthy city perspective, from a cost of living perspective, from pretty

4045
04:28:12,740 --> 04:28:17,540
 much every perspective I know, parking minimums are an absolutely terrible idea.

4046
04:28:17,540 --> 04:28:19,540
 They are the laughing stock of the world.

4047
04:28:19,540 --> 04:28:24,380
 I'm European, maybe that's my perspective, but it is something the world laughs at America

4048
04:28:24,380 --> 04:28:25,380
 at.

4049
04:28:25,380 --> 04:28:30,580
 It is really responsible for the worst kind of urbanism.

4050
04:28:30,580 --> 04:28:35,180
 That's basically my point, and I just want to sort of be against parking minimums of

4051
04:28:35,180 --> 04:28:40,500
 any kind, and I really think it's a terrible idea to increase them.

4052
04:28:40,500 --> 04:28:43,940
 I think, so you build a city and they will come.

4053
04:28:43,940 --> 04:28:47,300
 If you increase the size of the roads, you increase the size of the parking spaces or

4054
04:28:47,300 --> 04:28:51,020
 increase the number of parking spaces, you just have more sprawl, more people spreading

4055
04:28:51,020 --> 04:28:53,060
 out.

4056
04:28:53,060 --> 04:28:57,580
 From a more recent perspective, gas prices in Norway went up to $20 a gallon.

4057
04:28:57,580 --> 04:29:00,340
 They only went to a fraction of that here.

4058
04:29:00,340 --> 04:29:04,780
 You do not have any resilience against so many things that could go wrong when you develop

4059
04:29:04,780 --> 04:29:08,580
 a city in this way.

4060
04:29:08,580 --> 04:29:10,120
 That's basically my point.

4061
04:29:10,120 --> 04:29:11,120
 Thank you.

4062
04:29:11,120 --> 04:29:15,020
 Thank you, and welcome to town.

4063
04:29:15,020 --> 04:29:17,460
 Next card I have is Desiree Wiley.

4064
04:29:17,460 --> 04:29:18,460
 Hi.

4065
04:29:18,460 --> 04:29:19,460
 Hi.

4066
04:29:19,460 --> 04:29:24,500
 You probably know the drill by now, you've been here a while.

4067
04:29:24,500 --> 04:29:25,500
 Yes.

4068
04:29:25,500 --> 04:29:26,500
 My name is Desiree Wiley, 1316 Kendal Drive.

4069
04:29:26,500 --> 04:29:28,860
 I own Loco Cafe right up the street.

4070
04:29:28,860 --> 04:29:31,820
 A lot of my questions have already been answered.

4071
04:29:31,820 --> 04:29:38,460
 I guess just a couple would be, for example, in the building that Loco Cafe in, there's

4072
04:29:38,460 --> 04:29:41,740
 multiple businesses in that one building.

4073
04:29:41,740 --> 04:29:47,100
 Sorry, I don't speak in front of people a lot.

4074
04:29:47,100 --> 04:29:54,220
 I guess my question would be, how would you as a business determine how many spaces you're

4075
04:29:54,220 --> 04:29:59,940
 responsible for, then the hair salon down the way, versus maybe another business moves

4076
04:29:59,940 --> 04:30:00,940
 in?

4077
04:30:00,940 --> 04:30:05,500
 Is that something that a landlord would be responsible for?

4078
04:30:05,500 --> 04:30:07,620
 How would you designate those spots?

4079
04:30:07,620 --> 04:30:13,540
 I do believe that we're grandfathered in, but just kind of looking at that was a question

4080
04:30:13,540 --> 04:30:15,260
 I had.

4081
04:30:15,260 --> 04:30:21,260
 Who would be responsible for building those spots, I guess, if you're a landlord versus

4082
04:30:21,260 --> 04:30:26,580
 the leasee, who would you, I guess, who would have to build those spots and be responsible

4083
04:30:26,580 --> 04:30:32,100
 for them was the question I had, and that was pretty much it.

4084
04:30:32,100 --> 04:30:34,660
 I think most of my other ones were answered through that.

4085
04:30:34,660 --> 04:30:35,660
 Okay.

4086
04:30:35,660 --> 04:30:36,660
 Thank you.

4087
04:30:36,660 --> 04:30:37,660
 Okay.

4088
04:30:37,660 --> 04:30:40,180
 Thanks, Desiree.

4089
04:30:40,180 --> 04:30:49,220
 Ron, because it's fresh in mind, I'm going to bring you up so we don't lose the questions.

4090
04:30:49,220 --> 04:30:51,940
 First of all, Loco's in MD District, as far as I know.

4091
04:30:51,940 --> 04:30:52,940
 No.

4092
04:30:52,940 --> 04:30:53,940
 You're not.

4093
04:30:53,940 --> 04:30:54,940
 Okay.

4094
04:30:54,940 --> 04:30:55,940
 Parkway, right?

4095
04:30:55,940 --> 04:30:56,940
 Just north of Parkway?

4096
04:30:56,940 --> 04:30:57,940
 Congress.

4097
04:30:57,940 --> 04:30:58,940
 Congress.

4098
04:30:58,940 --> 04:30:59,940
 Sorry, Congress.

4099
04:30:59,940 --> 04:31:00,940
 Okay.

4100
04:31:00,940 --> 04:31:01,940
 Yes.

4101
04:31:01,940 --> 04:31:02,940
 That would not apply, but-

4102
04:31:02,940 --> 04:31:03,940
 Okay.

4103
04:31:03,940 --> 04:31:10,180
 Yeah, can you maybe get offline with her then?

4104
04:31:10,180 --> 04:31:11,180
 Yes, yes, yes.

4105
04:31:11,180 --> 04:31:12,180
 Yeah.

4106
04:31:12,180 --> 04:31:14,140
 Because it's applying directly to your, right?

4107
04:31:14,140 --> 04:31:15,140
 You have an individual concern?

4108
04:31:15,140 --> 04:31:24,140
 I guess just in, yes, specifically to my spot, like if other people move into the building,

4109
04:31:24,140 --> 04:31:25,140
 or-

4110
04:31:25,140 --> 04:31:26,140
 Okay.

4111
04:31:26,140 --> 04:31:30,860
 I'll have Ron get with you to answer those specific questions so that we can, yeah, carry

4112
04:31:30,860 --> 04:31:31,860
 on here.

4113
04:31:31,860 --> 04:31:34,660
 I'm going to call up Ken Curran.

4114
04:31:34,660 --> 04:31:35,660
 There you are.

4115
04:31:35,660 --> 04:31:36,660
 Hi.

4116
04:31:36,660 --> 04:31:37,660
 I'm Ken Curran.

4117
04:31:37,660 --> 04:31:45,180
 I'm at 600 North Locust right across the street from Desiree, and same concerns.

4118
04:31:45,180 --> 04:31:51,620
 My biggest concern is, or question I guess would be, I think we've experienced a lot

4119
04:31:51,620 --> 04:31:57,260
 of success with the downtown revitalization, and that was due to getting rid of parking

4120
04:31:57,260 --> 04:31:58,340
 requirements.

4121
04:31:58,340 --> 04:32:04,940
 Why wouldn't we look at expanding that instead of constricting it or limiting it, you know?

4122
04:32:04,940 --> 04:32:08,980
 Unless there's a massive amount of parking issues that are going on in and around the

4123
04:32:08,980 --> 04:32:14,180
 square that are causing all sorts of problems that I don't know about, that you have data

4124
04:32:14,180 --> 04:32:21,060
 or statistics that point to that, but it's kind of the shining star of Denton.

4125
04:32:21,060 --> 04:32:24,260
 Everybody, when your family comes to visit, you take them downtown.

4126
04:32:24,260 --> 04:32:27,060
 Why don't we want that to grow?

4127
04:32:27,060 --> 04:32:28,220
 It can.

4128
04:32:28,220 --> 04:32:32,740
 There's plenty of ... I've lived in Denton long enough, and my idea of what downtown

4129
04:32:32,740 --> 04:32:37,620
 Denton is is a little bit bigger than that purple area on that map, but we've drawn those

4130
04:32:37,620 --> 04:32:39,260
 arbitrary lines on Parkway.

4131
04:32:39,260 --> 04:32:44,140
 I never understood why Parkway was ... If you remember, Parkway used to have a stoplight

4132
04:32:44,140 --> 04:32:45,140
 on it.

4133
04:32:45,140 --> 04:32:51,140
 I never understood that either, but to try to fix a problem out on the highway by limiting

4134
04:32:51,140 --> 04:32:57,780
 what can go on downtown, it seems like a solution looking for a problem.

4135
04:32:57,780 --> 04:33:04,860
 We ... The last thing I want to do as a business owner that could potentially sell my business

4136
04:33:04,860 --> 04:33:08,340
 one day is tell the person that I'm selling it to, "I have no idea what the city's going

4137
04:33:08,340 --> 04:33:11,460
 to tell you to do with your business."

4138
04:33:11,460 --> 04:33:15,940
 Ten years from now, they may make it more onerous or more difficult.

4139
04:33:15,940 --> 04:33:19,940
 Just in my own experience, since I've been there, this will be the third or fourth change

4140
04:33:19,940 --> 04:33:23,940
 in the parking requirements since I've moved into the greenhouse.

4141
04:33:23,940 --> 04:33:25,980
 I used to have 12 spots on Congress Street.

4142
04:33:25,980 --> 04:33:28,220
 When I built the restaurant, the city made me get rid of them.

4143
04:33:28,220 --> 04:33:30,460
 Now, you're telling me you want me to put more parking in.

4144
04:33:30,460 --> 04:33:35,260
 Actually, you're telling me I'm grandfathered in, so I don't have to, but the next guy would.

4145
04:33:35,260 --> 04:33:40,700
 I am, in all fairness and honesty, I'm looking at developing in another place right on the

4146
04:33:40,700 --> 04:33:43,420
 other side of Eagle Drive, and I'm going to come back.

4147
04:33:43,420 --> 04:33:46,780
 My biggest obstacle is going to be parking.

4148
04:33:46,780 --> 04:33:51,540
 It's a huge spot, but unless you want me to turn it all into concrete, I'm not going to

4149
04:33:51,540 --> 04:33:52,540
 have enough parking for it.

4150
04:33:52,540 --> 04:33:56,740
 I'm already dealing with other departments in the city.

4151
04:33:56,740 --> 04:34:02,180
 How am I going to get the parking for this spot?

4152
04:34:02,180 --> 04:34:06,340
 My favorite part about Denton is the parts we can walk to and we can bike to, and I think

4153
04:34:06,340 --> 04:34:11,700
 we should do everything we can to encourage more of that, and adding more parking lots,

4154
04:34:11,700 --> 04:34:16,900
 bigger parking lots, more parking spaces is going to put more people in cars, driving

4155
04:34:16,900 --> 04:34:19,780
 down Locust Street, driving down Ample Street, and that's the last thing I want to see.

4156
04:34:19,780 --> 04:34:23,020
 I like people that can drive and walk and get to downtown areas.

4157
04:34:23,020 --> 04:34:25,740
 We should look at expanding it, not keeping it small.

4158
04:34:25,740 --> 04:34:27,700
 That's all I got.

4159
04:34:27,700 --> 04:34:30,940
 Thank you, Ken.

4160
04:34:30,940 --> 04:34:33,140
 Next card I have is Sean Hunt.

4161
04:34:33,140 --> 04:34:36,820
 Is Sean here?

4162
04:34:36,820 --> 04:34:40,900
 Okay.

4163
04:34:40,900 --> 04:34:42,340
 Next card I have is Suzanne Rumer.

4164
04:34:42,340 --> 04:34:43,340
 Is that right?

4165
04:34:43,340 --> 04:34:53,340
 Before I start I have a question, public hearings are four minutes for speakers, or three?

4166
04:34:53,340 --> 04:34:54,340
 It's three?

4167
04:34:54,340 --> 04:34:55,340
 Oh darn.

4168
04:34:55,340 --> 04:34:56,340
 I thought I had four.

4169
04:34:56,340 --> 04:34:57,340
 Are you sure?

4170
04:34:57,340 --> 04:34:59,140
 I thought the card said four.

4171
04:34:59,140 --> 04:35:03,140
 It's four, but it's also at the chair's discretion.

4172
04:35:03,140 --> 04:35:05,180
 Oh, so it got shortened.

4173
04:35:05,180 --> 04:35:06,180
 Sorry.

4174
04:35:06,180 --> 04:35:07,180
 Okay.

4175
04:35:07,180 --> 04:35:09,060
 Hi, I'm Suzy Rumer, 1700 Crescent Street.

4176
04:35:09,060 --> 04:35:13,060
 I just wanted to speak in support of anything that would reduce parking requirements and

4177
04:35:13,060 --> 04:35:14,980
 oppose anything that would increase them.

4178
04:35:14,980 --> 04:35:19,260
 I'm going to read a little bit from this book, The High Cost of Free Parking by Donald Shoop.

4179
04:35:19,260 --> 04:35:22,940
 He is a retired urban planning professor.

4180
04:35:22,940 --> 04:35:28,620
 This was written in 2011, so just keep that in mind that some things could have changed.

4181
04:35:28,620 --> 04:35:30,780
 I don't intend this as a slight towards planning staff.

4182
04:35:30,780 --> 04:35:32,200
 I love our planning staff.

4183
04:35:32,200 --> 04:35:35,060
 This is a slight towards parking minimums.

4184
04:35:35,060 --> 04:35:38,820
 Planning education provides no instruction on how practicing planners should set parking

4185
04:35:38,820 --> 04:35:42,280
 requirements, and textbooks offer no help.

4186
04:35:42,280 --> 04:35:46,500
 Here are the four editions of the Urban Land Use Planning, which is a text that's used

4187
04:35:46,500 --> 04:35:48,080
 in a lot of planning courses.

4188
04:35:48,080 --> 04:35:53,820
 This distinguished text is the Bible of urban use planning, yet no edition mentions parking.

4189
04:35:53,820 --> 04:35:58,220
 Most texts in regional science, transportation planning, and urban economics also ignore

4190
04:35:58,220 --> 04:35:59,220
 parking.

4191
04:35:59,220 --> 04:36:02,980
 I've asked many professors of urban planning on how planners set parking requirements,

4192
04:36:02,980 --> 04:36:05,340
 and the answer is always no.

4193
04:36:05,340 --> 04:36:09,060
 Perhaps planning students learn almost nothing about parking requirements because their professors

4194
04:36:09,060 --> 04:36:11,500
 know nothing to teach them.

4195
04:36:11,500 --> 04:36:16,220
 How the urban land use with the biggest footprint and profound effect on transportation system

4196
04:36:16,220 --> 04:36:19,820
 has been invisible to scholars in every discipline.

4197
04:36:19,820 --> 04:36:25,460
 We're trying to prescribe how much parking we need when we really don't have a good,

4198
04:36:25,460 --> 04:36:27,420
 accurate way to figure it out.

4199
04:36:27,420 --> 04:36:31,020
 When you do it by square foot, as Ron said, it hasn't really worked out right.

4200
04:36:31,020 --> 04:36:35,780
 Somebody surveyed, and it's in this book, somebody surveyed 17 home depots.

4201
04:36:35,780 --> 04:36:42,060
 They really, at their busiest day of the year, at that busiest hour, only used about half

4202
04:36:42,060 --> 04:36:44,660
 of what was required by the city.

4203
04:36:44,660 --> 04:36:49,700
 Every one of those empty parking spaces that sits there is a waste of resources and space

4204
04:36:49,700 --> 04:36:54,380
 and money.

4205
04:36:54,380 --> 04:37:02,460
 What I want to end with is that we really all benefit by relaxing or maybe even someday

4206
04:37:02,460 --> 04:37:06,580
 eliminating mandatory parking minimums.

4207
04:37:06,580 --> 04:37:08,900
 Everybody has something to gain from it.

4208
04:37:08,900 --> 04:37:12,380
 Conservatives will see that it reduces government regulation.

4209
04:37:12,380 --> 04:37:15,620
 Environmentalists will see that it reduces energy consumption, air pollution, and carbon

4210
04:37:15,620 --> 04:37:16,860
 emissions.

4211
04:37:16,860 --> 04:37:19,640
 Business leaders will see that it unburdens enterprise.

4212
04:37:19,640 --> 04:37:23,600
 New urbanists will see that it enables people to live at high density without being overrun

4213
04:37:23,600 --> 04:37:25,300
 by cars.

4214
04:37:25,300 --> 04:37:29,380
 Libertarians will see that it increases the opportunities for individual choice.

4215
04:37:29,380 --> 04:37:32,260
 Developers will see that it reduces building costs.

4216
04:37:32,260 --> 04:37:36,940
 Local elected officials will see that it reduces traffic congestion, encourages infill redevelopment,

4217
04:37:36,940 --> 04:37:40,700
 and pays for local public services without raising taxes.

4218
04:37:40,700 --> 04:37:45,100
 The current system of planning for parking does such widespread harm that the right reforms

4219
04:37:45,100 --> 04:37:47,300
 can benefit almost everyone.

4220
04:37:47,300 --> 04:37:52,900
 I hope you'll keep in mind as we discuss anything about parking that it's not just about cars

4221
04:37:52,900 --> 04:37:54,220
 overrunning the parking lots.

4222
04:37:54,220 --> 04:37:58,200
 We also have to think about the fiscal sustainability of the city, the environmental sustainability

4223
04:37:58,200 --> 04:38:02,580
 of the city, and not assume that everyone's going to be driving everywhere they go all

4224
04:38:02,580 --> 04:38:03,580
 the time.

4225
04:38:03,580 --> 04:38:04,580
 Thank you.

4226
04:38:04,580 --> 04:38:05,580
 Thank you, Susie.

4227
04:38:05,580 --> 04:38:14,060
 I'm going to give one more call for Shawn, whose card I have here.

4228
04:38:14,060 --> 04:38:15,180
 Okay.

4229
04:38:15,180 --> 04:38:18,820
 I do not see Shawn.

4230
04:38:18,820 --> 04:38:23,100
 I do not have anyone on the phone, and I do not see anyone else here who hasn't already

4231
04:38:23,100 --> 04:38:25,580
 spoken on this item.

4232
04:38:25,580 --> 04:38:31,280
 So I will close the public hearing and open the floor for more discussion.

4233
04:38:31,280 --> 04:38:34,140
 Commissioner Smith.

4234
04:38:34,140 --> 04:38:41,140
 Thank you, Chair.

4235
04:38:41,140 --> 04:38:47,080
 There was another person who was here this evening, John Williams, who is a business

4236
04:38:47,080 --> 04:38:48,780
 owner in the downtown area.

4237
04:38:48,780 --> 04:38:52,380
 I think it is important to bring up maybe a point in regards to this.

4238
04:38:52,380 --> 04:38:56,380
 I think the rest of the commission could definitely benefit from here.

4239
04:38:56,380 --> 04:39:03,060
 There was conversation that I was having with him before or after he left that he was here

4240
04:39:03,060 --> 04:39:09,620
 because the Main Street Association is interested in looking at the fact that they required

4241
04:39:09,620 --> 04:39:16,400
 a zero, they had a zero requirement for minimum parking to entice businesses to come downtown.

4242
04:39:16,400 --> 04:39:20,900
 And now they are beginning the discussion to look at changing that because there is

4243
04:39:20,900 --> 04:39:22,740
 now the parking downtown itself.

4244
04:39:22,740 --> 04:39:25,460
 And so I know the MD is excluded from this.

4245
04:39:25,460 --> 04:39:26,660
 I get that point.

4246
04:39:26,660 --> 04:39:30,780
 I think it is just something that is fair before we get into a motion and a vote that

4247
04:39:30,780 --> 04:39:36,420
 I think that parking requirement while yes, Suzanne, I think that is a fair point, and

4248
04:39:36,420 --> 04:39:43,080
 I certainly can see from the business owner's standpoint having to deal with the limitations

4249
04:39:43,080 --> 04:39:47,180
 on future business growth or the possibility of viability of selling a business later on

4250
04:39:47,180 --> 04:39:50,420
 down the road can be hampered by this.

4251
04:39:50,420 --> 04:39:55,140
 But at the same time, I think that there is plenty that is being made in this change to

4252
04:39:55,140 --> 04:40:00,860
 the code that is reducing unnecessary parking, specifically in multifamily areas where we

4253
04:40:00,860 --> 04:40:07,700
 see a lot of unused parking in some spots and then an increase in parking in areas where

4254
04:40:07,700 --> 04:40:12,660
 we know what we love about Denton is the community fabric and the weirdness of it and that one

4255
04:40:12,660 --> 04:40:17,020
 of the things that does hamper the ability for that community fabric to grow and continue

4256
04:40:17,020 --> 04:40:20,780
 to be healthy is it becomes a headache to get anywhere.

4257
04:40:20,780 --> 04:40:28,020
 And culturally, I agree, I think having multimodality is awesome and being able to walk places is

4258
04:40:28,020 --> 04:40:34,020
 great and I want to adopt that and I want to walk and I want to bike, but I can't convince

4259
04:40:34,020 --> 04:40:36,860
 150,000 people to do that as well.

4260
04:40:36,860 --> 04:40:41,900
 And so I think that there is small steps we can make towards this, which I think is important

4261
04:40:41,900 --> 04:40:48,700
 to bring up to the Commission before we get to the motion.

4262
04:40:48,700 --> 04:40:51,900
 I'll allow you a very brief moment if you want to come and rebut that.

4263
04:40:51,900 --> 04:40:56,140
 No, you have to do it from the podium, sir.

4264
04:40:56,140 --> 04:40:57,140
 Thank you.

4265
04:40:57,140 --> 04:40:58,140
 It just sounds like picking winners and losers.

4266
04:40:58,140 --> 04:41:01,860
 You know, it's like we're going to, we've got these people here, we're going to let

4267
04:41:01,860 --> 04:41:06,060
 you survive, but no one else can come in because we've already got what we want.

4268
04:41:06,060 --> 04:41:11,340
 You know, and that idea that you can't get 150,000 people to walk downtown, they're never

4269
04:41:11,340 --> 04:41:17,800
 going to drive downtown either, you know, and it's, it's, show me a place where those

4270
04:41:17,800 --> 04:41:23,180
 kind of parking minimums has been successful to increase business and I'm on board.

4271
04:41:23,180 --> 04:41:27,860
 But you're already showing me a place where you decrease parking minimum, decrease parking

4272
04:41:27,860 --> 04:41:30,940
 requirements and it's been wildly successful.

4273
04:41:30,940 --> 04:41:35,660
 So you know, and to lump us in with, you know, something out on the highway or churches or

4274
04:41:35,660 --> 04:41:41,100
 other things is, is, I think disingenuous, you know, there's a, there's an area you can't

4275
04:41:41,100 --> 04:41:44,700
 just blanket everybody with the same kind of thing, you know.

4276
04:41:44,700 --> 04:41:49,700
 And if you do, or I don't, I'm not sure what you were saying John was saying or implying

4277
04:41:49,700 --> 04:41:52,860
 that now he wants parking and John's a good friend of mine.

4278
04:41:52,860 --> 04:41:53,860
 I love him.

4279
04:41:53,860 --> 04:41:57,460
 I'm, you know, he's, I'm trying to get him to be part of this new project that I'm doing.

4280
04:41:57,460 --> 04:41:59,420
 But that idea that, Hey, now I'm here.

4281
04:41:59,420 --> 04:42:01,540
 Now let's have parking requirements.

4282
04:42:01,540 --> 04:42:02,820
 I don't know if that's what you were saying.

4283
04:42:02,820 --> 04:42:04,540
 No, he was, what he was saying was that he was concerned.

4284
04:42:04,540 --> 04:42:06,820
 What I don't want to get into is a back and forth discussion.

4285
04:42:06,820 --> 04:42:12,980
 So to make sure the commission was clear what I was trying to communicate there, what was

4286
04:42:12,980 --> 04:42:19,180
 being said was that when there was absolutely no parking minimum requirement, it did bring

4287
04:42:19,180 --> 04:42:24,300
 a lot of attraction to the businesses down there, but it has its own side effects of

4288
04:42:24,300 --> 04:42:28,780
 now creating limitation for people to even be attracted to go down there because there's

4289
04:42:28,780 --> 04:42:29,780
 no place to park.

4290
04:42:29,780 --> 04:42:33,540
 I think we've all experienced the headaches of having to have parking around the square

4291
04:42:33,540 --> 04:42:34,540
 at the times like that.

4292
04:42:34,540 --> 04:42:37,900
 So I think it's a point that from business center that I think should be made to the

4293
04:42:37,900 --> 04:42:38,900
 commission for discussion.

4294
04:42:38,900 --> 04:42:39,900
 Thank you.

4295
04:42:39,900 --> 04:42:40,900
 Uh, commissioner Villarreal.

4296
04:42:40,900 --> 04:42:41,900
 Yeah.

4297
04:42:41,900 --> 04:42:42,900
 I have a point of information.

4298
04:42:42,900 --> 04:42:48,820
 Do we have to vote on the code amendment wholesale or can we exclude parts of the amendment?

4299
04:42:48,820 --> 04:42:53,860
 Uh, I guess I'll, I'll let that be a legal thing, but I believe what we're voting on

4300
04:42:53,860 --> 04:42:56,420
 is what's being presented to us today.

4301
04:42:56,420 --> 04:43:01,700
 Um, but Tina, if you have remarks, I'd love to defer.

4302
04:43:01,700 --> 04:43:02,700
 Okay.

4303
04:43:02,700 --> 04:43:09,180
 So if there is, if there was certain amendments that you were not in agreement, um, that you

4304
04:43:09,180 --> 04:43:14,500
 wanted to see changed, um, probably the best thing to do would be to postpone this item

4305
04:43:14,500 --> 04:43:18,540
 and give us direction as to what you're wanting to see changed.

4306
04:43:18,540 --> 04:43:26,020
 Um, and then I would, if it's substantial changes to the proposed ordinance, we'd probably

4307
04:43:26,020 --> 04:43:32,540
 want to consider sending it back to the DCRC because the DCRC has, um, evaluated this extensively

4308
04:43:32,540 --> 04:43:38,460
 and so now if, you know, if you were just wanting to make one tweak to a provision,

4309
04:43:38,460 --> 04:43:44,300
 you could, you could recommend approval as presented with that one tweak.

4310
04:43:44,300 --> 04:43:48,140
 So I mean, I guess it's up to the chair's discretion also as to how she would like to

4311
04:43:48,140 --> 04:43:52,540
 receive the motion, but to me, it really depends upon what is the nature of the change that

4312
04:43:52,540 --> 04:43:58,740
 you might be wanting to contemplate, um, to assess what the best course of action is.

4313
04:43:58,740 --> 04:44:05,060
 So say hypothetically, I wanted to motion that we approve the code amendment with the

4314
04:44:05,060 --> 04:44:07,540
 changes to the retail business section removed.

4315
04:44:07,540 --> 04:44:11,940
 It sounds to me like you're recommending I would go back to DCRC instead of us having

4316
04:44:11,940 --> 04:44:21,340
 the chance to approve it now or is that the chair's discretion?

4317
04:44:21,340 --> 04:44:25,460
 The Planning and Zoning Commission, because this is a zoning process, does have the ability

4318
04:44:25,460 --> 04:44:30,420
 to, you know, recommend that modification to council.

4319
04:44:30,420 --> 04:44:35,980
 So if, if you're just looking to modify that one parking provision, then you could go ahead

4320
04:44:35,980 --> 04:44:42,660
 and make a motion and, and with that proposed modification being made, if, if we're looking

4321
04:44:42,660 --> 04:44:47,620
 at like one provision within the code, to me, I think the concern becomes if we're starting

4322
04:44:47,620 --> 04:44:53,700
 to really pick apart the code and making multiple changes throughout, then, then we need to

4323
04:44:53,700 --> 04:44:58,980
 postpone the item and either the commission work through it or divert any potential issues

4324
04:44:58,980 --> 04:45:09,520
 or revert it back to the DCRC to explore those items of concern.

4325
04:45:09,520 --> 04:45:15,060
 I agree, Tina, but I would also like to suggest that you and staff brought forward all these

4326
04:45:15,060 --> 04:45:17,700
 changes for a discrete reason.

4327
04:45:17,700 --> 04:45:24,180
 So if removing one of the provisions would still mean staff needed to come back for subsequent

4328
04:45:24,180 --> 04:45:30,300
 code amendment, that could get kind of logistically problematic.

4329
04:45:30,300 --> 04:45:31,300
 Right.

4330
04:45:31,300 --> 04:45:36,340
 And that's why, that's why to me it depends upon what the nature of the amendment is.

4331
04:45:36,340 --> 04:45:37,940
 Let me weigh in here.

4332
04:45:37,940 --> 04:45:38,940
 Okay.

4333
04:45:38,940 --> 04:45:46,780
 So we could talk parking from now until 10 years down the road and no one, everyone's

4334
04:45:46,780 --> 04:45:47,940
 not going to be happy.

4335
04:45:47,940 --> 04:45:56,620
 What I can tell you is the DCRC, that you are a member of, has sat and had thoughtful

4336
04:45:56,620 --> 04:46:05,460
 substantive discussion multiple times and we have hashed out and we have had a very

4337
04:46:05,460 --> 04:46:15,020
 good thoughtful individualized talk about the various deficiencies that are in our code.

4338
04:46:15,020 --> 04:46:19,220
 This was not a discussion about eliminating parking minimums.

4339
04:46:19,220 --> 04:46:20,620
 That was never a discussion.

4340
04:46:20,620 --> 04:46:23,780
 That was not what we were on the table to do.

4341
04:46:23,780 --> 04:46:27,860
 That's a discussion for another time that that could be something that the DCRC could

4342
04:46:27,860 --> 04:46:32,740
 look at down the road, but that's not what we did with all of the time and hours that

4343
04:46:32,740 --> 04:46:33,740
 we put into this.

4344
04:46:33,740 --> 04:46:36,580
 We were fixing deficiencies that are in our code.

4345
04:46:36,580 --> 04:46:41,460
 That's what we set out to do here and I believe we set out and did that here.

4346
04:46:41,460 --> 04:46:48,020
 We took individualized, we studied, staff studied, what is not working with certain

4347
04:46:48,020 --> 04:46:50,700
 businesses here?

4348
04:46:50,700 --> 04:46:51,700
 What is working?

4349
04:46:51,700 --> 04:46:52,860
 What do we need to change?

4350
04:46:52,860 --> 04:46:54,420
 What is deficient in the code?

4351
04:46:54,420 --> 04:46:56,740
 That's what we're changing here.

4352
04:46:56,740 --> 04:47:04,220
 I appreciate the thoughtful comments and all of this and urbanism is a wonderful concept,

4353
04:47:04,220 --> 04:47:10,740
 a great concept, but once again, that's not what we were discussing here.

4354
04:47:10,740 --> 04:47:18,980
 I think there was a false narrative out there about what we were really bringing forth here.

4355
04:47:18,980 --> 04:47:27,300
 These changes reduce parking in some instances, increase it in others because it wasn't working.

4356
04:47:27,300 --> 04:47:35,340
 It gives an alternative to staff to reduce parking in certain developments and there's

4357
04:47:35,340 --> 04:47:42,340
 nothing in these changes in my opinion that suggests that the city is focusing on making

4358
04:47:42,340 --> 04:47:44,780
 the city less walkable and less bikeable.

4359
04:47:44,780 --> 04:47:46,460
 That's not the case.

4360
04:47:46,460 --> 04:47:52,940
 We just approved a mobility plan that is focused on making that better, making all of it better

4361
04:47:52,940 --> 04:47:59,780
 and it's multimodal and multimodal means walking, biking and yes, driving.

4362
04:47:59,780 --> 04:48:05,940
 I know the European concept is fabulous.

4363
04:48:05,940 --> 04:48:07,300
 I love it myself.

4364
04:48:07,300 --> 04:48:11,180
 I was there last month and I'm heading back there soon.

4365
04:48:11,180 --> 04:48:14,940
 I think it's fantastic.

4366
04:48:14,940 --> 04:48:18,660
 I think it only works in certain parts of our city right now and we can continue to

4367
04:48:18,660 --> 04:48:23,780
 connect it and we can continue to make that downtown area bigger and I hope that we do

4368
04:48:23,780 --> 04:48:28,260
 and I hope that eventually we can get some streets that don't have parking at all and

4369
04:48:28,260 --> 04:48:32,760
 it's all walking and that's going to take some time but when we make changes like this

4370
04:48:32,760 --> 04:48:37,700
 it's for development in all of our city and yes, we have suburbs and you know what?

4371
04:48:37,700 --> 04:48:39,140
 People like to live in suburbs.

4372
04:48:39,140 --> 04:48:46,060
 It's an actual another way to live along with living in a downtown lifestyle and somewhere

4373
04:48:46,060 --> 04:48:51,140
 that you walk and bike which is a lifestyle choice which is a fabulous choice as well

4374
04:48:51,140 --> 04:48:59,860
 but it doesn't make one better than another, it makes it options and I think that's important

4375
04:48:59,860 --> 04:49:04,540
 and again, this is not flippant discussion here.

4376
04:49:04,540 --> 04:49:10,620
 This started even before the four meetings that you mentioned, we started certain discussions

4377
04:49:10,620 --> 04:49:18,240
 I remember in multifamily back when we were in COVID time and we were doing this via Zoom.

4378
04:49:18,240 --> 04:49:20,380
 That's when we started this discussion.

4379
04:49:20,380 --> 04:49:26,580
 So this is two years in the making and so to just sit here from the dais and say oh

4380
04:49:26,580 --> 04:49:31,740
 I just want to take this out of the -- I think it's -- I certainly could not get on board

4381
04:49:31,740 --> 04:49:33,100
 with that.

4382
04:49:33,100 --> 04:49:38,860
 That one person sitting up here just wants to pluck that out because this was a collaborative

4383
04:49:38,860 --> 04:49:44,060
 discussion with not only the DCRC which is made up of three members of this board and

4384
04:49:44,060 --> 04:49:51,940
 three members of council but with staff and with business owners and other cities and

4385
04:49:51,940 --> 04:50:00,140
 there's a lot of time and effort here so that's my comment as chair here to plucking something

4386
04:50:00,140 --> 04:50:06,540
 out of what's before you if that helps.

4387
04:50:06,540 --> 04:50:07,540
 Commissioner Pruitt.

4388
04:50:07,540 --> 04:50:10,320
 Thank you chair.

4389
04:50:10,320 --> 04:50:16,700
 So I think I'd like to offer maybe some history and my impression of the DCRC discussions

4390
04:50:16,700 --> 04:50:18,940
 on this.

4391
04:50:18,940 --> 04:50:26,500
 I think I'd hate to see this go back to square one because there was a lot of good work as

4392
04:50:26,500 --> 04:50:34,420
 chair Ellis points out and really from my perspective I'll be honest that there are

4393
04:50:34,420 --> 04:50:39,780
 a few slight increases and some other major increases in schools and that kind of thing

4394
04:50:39,780 --> 04:50:48,100
 that I honestly think are just going to be an empty parking lot at schools but there

4395
04:50:48,100 --> 04:50:52,220
 was clear consensus against that position.

4396
04:50:52,220 --> 04:50:59,500
 So from my perspective the thing that there was more discussion about at DCRC was these

4397
04:50:59,500 --> 04:51:06,540
 commercial uses of the restaurants and bars and the craft breweries and that sort of thing

4398
04:51:06,540 --> 04:51:14,260
 and so if I were going to draw a cut line right of what's baked and done it would be

4399
04:51:14,260 --> 04:51:22,260
 everything but those but I'd like to hear from staff right because Ron I asked you you

4400
04:51:22,260 --> 04:51:29,420
 know what examples do we have about a problem and so you brought up the chilies.

4401
04:51:29,420 --> 04:51:36,300
 Are there near term things where this particular provision of the food service and craft brewery

4402
04:51:36,300 --> 04:51:44,140
 is is going to be a problem and we have like a specific thing that needs to be addressed

4403
04:51:44,140 --> 04:51:49,820
 or or would we still be moving the ball forward if we considered a little bit more time on

4404
04:51:49,820 --> 04:51:52,900
 those and and move forward with the rest of the stuff.

4405
04:51:52,900 --> 04:51:56,780
 So I can I mean as you already know you know this has been we've been discussing this for

4406
04:51:56,780 --> 04:52:00,840
 some time and I know that we didn't just bring it just because there was obviously reasons

4407
04:52:00,840 --> 04:52:07,080
 for it I just unfortunately I can't think of any recent developments that have been

4408
04:52:07,080 --> 04:52:08,080
 concerned.

4409
04:52:08,080 --> 04:52:15,740
 I know that there are situations or restaurants that we see often that are over park now there

4410
04:52:15,740 --> 04:52:20,540
 may not be an issue because they are able to find parking adjacent to their property

4411
04:52:20,540 --> 04:52:24,980
 and maybe there's some on street parking that they were able to find but in the end we're

4412
04:52:24,980 --> 04:52:31,660
 trying to find a suitable actual parking for that particular use in this particular one

4413
04:52:31,660 --> 04:52:40,580
 is for restaurants okay and and as presented this amendment and actually our existing code

4414
04:52:40,580 --> 04:52:46,860
 already has some provision for applicants making a case that they need more parking

4415
04:52:46,860 --> 04:52:51,780
 than our minimums are right so that yeah that's right as built into the development code there's

4416
04:52:51,780 --> 04:52:57,460
 some flexibility and again what we're trying to do with that flexibility and we're seeing

4417
04:52:57,460 --> 04:53:03,660
 some consistency as far as requests is to then make it more per the code and not have

4418
04:53:03,660 --> 04:53:06,340
 to go through that process.

4419
04:53:06,340 --> 04:53:12,220
 Okay yeah I certainly the more we can do to streamline staff's time I'm I'm in favor of

4420
04:53:12,220 --> 04:53:23,620
 thank you Ron you know I lost my train of thought just a second sorry I think we do

4421
04:53:23,620 --> 04:53:31,100
 our best work as a commission when we can really come behind clear message to the council

4422
04:53:31,100 --> 04:53:38,900
 and say this is what we like this is where we're going and this is why as opposed to

4423
04:53:38,900 --> 04:53:46,500
 you know a split vote where everybody comes up with their own reasons of what's happening

4424
04:53:46,500 --> 04:53:52,900
 and then who knows what happens at council right but yeah I'll just leave it at that

4425
04:53:52,900 --> 04:53:53,900
 thank you.

4426
04:53:53,900 --> 04:54:06,540
 Yeah my goal is not to throw a wrench into the situation I took into consideration different

4427
04:54:06,540 --> 04:54:12,580
 thoughts and voices that came regarding this issue and I was just doing my best as a commissioner

4428
04:54:12,580 --> 04:54:19,380
 to listen to those concerns do my individual research that happened seven months ago I

4429
04:54:19,380 --> 04:54:26,180
 was on the commission for about two months at that point and people can change their

4430
04:54:26,180 --> 04:54:31,460
 considerations they can change their viewpoints on certain issues I agree with Eric that we

4431
04:54:31,460 --> 04:54:36,300
 should probably move forward in a united fashion on this and that's why I asked the question

4432
04:54:36,300 --> 04:54:40,900
 about removing a certain part because I don't want to send this back to square one so I

4433
04:54:40,900 --> 04:54:43,140
 just wanted to make that clear.

4434
04:54:43,140 --> 04:54:47,580
 Well and forgive me commissioners but I am confused the two of you sit on the DCRC with

4435
04:54:47,580 --> 04:54:58,620
 me none of this is new we went over all of this multiple times and it was before we went

4436
04:54:58,620 --> 04:55:05,460
 on to any other topic that we have been discussing over the weeks it has been are we ready to

4437
04:55:05,460 --> 04:55:13,460
 bring this before PNC and then make a recommendation to city council nothing is ever not been fully

4438
04:55:13,460 --> 04:55:25,180
 discussed or brought to this dais before before the committee agreed to and I am incredibly

4439
04:55:25,180 --> 04:55:33,020
 confused why we're sitting here after all the discussion that we had over many hours

4440
04:55:33,020 --> 04:55:38,720
 and many weeks and you're basically saying you've changed your mind we're not ready

4441
04:55:38,720 --> 04:55:44,580
 to bring this have run bring this before us so we can make a recommendation to city council

4442
04:55:44,580 --> 04:55:53,540
 so very confused by that commissioner Anderson thank you chair I'm not on the DCRC board

4443
04:55:53,540 --> 04:56:02,000
 so I am not in favor of parking minimums just throw that there I think a business does their

4444
04:56:02,000 --> 04:56:06,860
 due diligence when they're looking for a business to our building to occupy they look for parking

4445
04:56:06,860 --> 04:56:13,380
 for their customers I don't think they're going to rent a building and have adequate

4446
04:56:13,380 --> 04:56:19,100
 I mean they're gonna look for adequate parking yeah I just I think it should be left up to

4447
04:56:19,100 --> 04:56:26,820
 the business owners when they're out there looking for a property to occupy for the adequate

4448
04:56:26,820 --> 04:56:33,060
 parking that they think they're gonna need and like Ron said about the IHOP how they

4449
04:56:33,060 --> 04:56:40,780
 are four or six parking spots short of what the new rule would be so now are we gonna

4450
04:56:40,780 --> 04:56:45,980
 go back and ask these businesses that aren't in the MR to upgrade their parking lot now

4451
04:56:45,980 --> 04:56:52,300
 they're gonna have to come out of pocket spend more money to build at more parking even on

4452
04:56:52,300 --> 04:56:58,220
 Locust Street just north of your you know the the greenhouse and cafe loco you know

4453
04:56:58,220 --> 04:57:02,900
 you have Giuseppe's he's outside of the MR district Giuseppe's if something happened

4454
04:57:02,900 --> 04:57:08,500
 to his building and he had to rebuild he has no parking that's in a historic home so he

4455
04:57:08,500 --> 04:57:12,620
 would be out of business so I think it's I think it should be left up to the business

4456
04:57:12,620 --> 04:57:19,180
 owners they're not they're not gonna try to occupy a building that's not gonna adequately

4457
04:57:19,180 --> 04:57:22,580
 have enough adequate parking for their business because I think they're just they're just

4458
04:57:22,580 --> 04:57:26,580
 losing money so thank you.

4459
04:57:26,580 --> 04:57:32,340
 So once again Commissioner Anderson I will reiterate the fact that the discussion the

4460
04:57:32,340 --> 04:57:37,580
 DCRC was not to remove parking minimums that that was not a discussion that was had that

4461
04:57:37,580 --> 04:57:43,020
 was not on the table that is not what was being discussed these are amendments to certain

4462
04:57:43,020 --> 04:57:52,200
 types of businesses for things that are broken in our code currently that helps us actually

4463
04:57:52,200 --> 04:57:58,980
 go forward if you all if we want to send this back to committee we're gonna have the same

4464
04:57:58,980 --> 04:58:04,420
 types of discussions that we have had over the last couple of years because eliminating

4465
04:58:04,420 --> 04:58:09,520
 parking minimum is not on the table right now that this city is not ready for that or

4466
04:58:09,520 --> 04:58:14,420
 at least staff has not brought that to our attention on the DCRC like this is something

4467
04:58:14,420 --> 04:58:19,380
 that we should consider so while I understand that there's people who feel passionate about

4468
04:58:19,380 --> 04:58:30,660
 it and what you just brought up it's beyond ridiculous because again we could go on and

4469
04:58:30,660 --> 04:58:35,140
 on and on and we are not gonna make everybody happy what we're trying to do here is make

4470
04:58:35,140 --> 04:58:41,820
 a a code that works better for all businesses no matter where they're located and going

4471
04:58:41,820 --> 04:58:50,060
 forward no one's making anyone do anything backward no one is making anyone do anything

4472
04:58:50,060 --> 04:58:56,900
 except make a more useful code I'll leave it at that there's a motion on the floor Commissioner

4473
04:58:56,900 --> 04:59:06,820
 Smith like to make a motion to approve the the code as it is been presented I think that

4474
04:59:06,820 --> 04:59:12,140
 our DDC is was approved in 2019 already has the parking parking minimum requirements in

4475
04:59:12,140 --> 04:59:18,660
 there made my point I think that the the changes we make today will be a progression towards

4476
04:59:18,660 --> 04:59:23,980
 something what we want to do which is more urban walkable more friendly to the mobility

4477
04:59:23,980 --> 04:59:30,380
 plan that we've approved so with that I'll make a motion to approve Commissioner Cole

4478
04:59:30,380 --> 04:59:36,220
 second okay we have a first and a second for approval Commissioner Pruitt thank you chair

4479
04:59:36,220 --> 04:59:44,220
 we'll just see where this goes I'll go ahead and move that we remove from the motion the

4480
04:59:44,220 --> 04:59:49,620
 amendments including bar tavern and a lounge private club restaurant restaurant with drive-thru

4481
04:59:49,620 --> 04:59:58,620
 as well as craft alcohol production and that's it please sorry from a procedural perspective

4482
04:59:58,620 --> 05:00:06,180
 we need to either table the motion that's on the floor or withdraw the motion on the

4483
05:00:06,180 --> 05:00:13,100
 floor or request an amendment or how do you reject the amendment there's no or reject

4484
05:00:13,100 --> 05:00:21,380
 it yeah you can request a friendly amendment Jesse Davis says there is no friendly amendments

4485
05:00:21,380 --> 05:00:27,780
 I reject your amendment so correct me if I'm wrong but under Robert's rules I have the

4486
05:00:27,780 --> 05:00:34,060
 opportunity to see if someone else would like to second my amendment is that correct at

4487
05:00:34,060 --> 05:00:41,980
 this point in the evening I don't recall I'll just be perfectly candid chair would you like

4488
05:00:41,980 --> 05:00:47,180
 to yeah what what I what I will say is Hillary already weighed in that we are not going to

4489
05:00:47,180 --> 05:00:52,980
 piecemeal amend this that that is not a good idea for the city so plucking something out

4490
05:00:52,980 --> 05:01:02,660
 of these amendments that we have chosen as a committee to move forward we're going to

4491
05:01:02,660 --> 05:01:08,260
 move it forward as a whole or we're going to delay a vote or we're going to deny it

4492
05:01:08,260 --> 05:01:12,060
 though those are basically what's before us but we're not going to cherry pick out of

4493
05:01:12,060 --> 05:01:20,140
 it no from a legal perspective that was not advised and we will take our legal counsel's

4494
05:01:20,140 --> 05:01:29,900
 advice I will take as chair our legal counsel's advice we have a first and a second on the

4495
05:01:29,900 --> 05:01:36,300
 floor for approval Commissioner Smith thank you chair last last time we've had a we had

4496
05:01:36,300 --> 05:01:42,580
 a vote about a month ago where a motion to approve did not pass and automatically made

4497
05:01:42,580 --> 05:01:47,340
 a deny I talked about it after that vote that time I think there is plenty discussion tonight

4498
05:01:47,340 --> 05:01:51,820
 that if this vote to approve does not pass there would probably be a request to motion

4499
05:01:51,820 --> 05:01:56,420
 a table just want to make that put out there because in the past we had it we're an approved

4500
05:01:56,420 --> 05:01:59,860
 not approved made a deny I don't think that that we'd want to deny that we'd rather have

4501
05:01:59,860 --> 05:02:04,820
 it be a table so I'll just make that clear now before we take a vote I actually remember

4502
05:02:04,820 --> 05:02:09,740
 that and I did some reading on that and you're correct the chair has the discretion of whether

4503
05:02:09,740 --> 05:02:21,420
 to accept a subsequent a motion okay thank you is there further discussion Tina thank

4504
05:02:21,420 --> 05:02:29,560
 you if this motion were to not pass then I would request direction from the commission

4505
05:02:29,560 --> 05:02:36,980
 as to what you are wanting to have potentially modified so then the chair can determine whether

4506
05:02:36,980 --> 05:02:42,180
 or not this needs to go back to DC RC or if that is something that the planning and zoning

4507
05:02:42,180 --> 05:02:59,100
 Commission would just further evaluate appreciate that let's go ahead and move on this motion

4508
05:02:59,100 --> 05:03:08,660
 and we'll see where we land Commissioner Smith I Commissioner Cole I Commissioner Villarreal

4509
05:03:08,660 --> 05:03:21,260
 I Commissioner Anderson a Commissioner McDade I Commissioner Pruitt a chair is an I that

4510
05:03:21,260 --> 05:03:34,260
 motion carries five to that will move us to our planning and zoning matrix for this evening

4511
05:03:34,260 --> 05:03:46,180
 Tina I will that to you okay just a couple of items to be able to address with recent

4512
05:03:46,180 --> 05:03:52,780
 council action so we had two cases that were recently considered by council there was an

4513
05:03:52,780 --> 05:03:57,620
 alternative ESA plan for Denton Exeter that was approved unanimously but my council if

4514
05:03:57,620 --> 05:04:02,900
 you recall they were needing to modify a portion of the ESA to accommodate some drainage structures

4515
05:04:02,900 --> 05:04:06,940
 and they were restoring an area much larger than what they were disturbing so that was

4516
05:04:06,940 --> 05:04:12,580
 approved the other item was the zoning request for the northeast corner of Locust and Hercules

4517
05:04:12,580 --> 05:04:19,900
 from R2 to SC the suburban commercial zoning district this was the where we had the religious

4518
05:04:19,900 --> 05:04:23,620
 facility property that was wanting to do the cell tower and the head surrounding property

4519
05:04:23,620 --> 05:04:30,260
 and council voted to approve the request to SC and they approve that unanimously other

4520
05:04:30,260 --> 05:04:35,900
 than that I do not have anything else to report on and I know Commissioner Smith you had made

4521
05:04:35,900 --> 05:04:41,220
 mention of a possible addition to the matrix I guess the one thing I would comment on is

4522
05:04:41,220 --> 05:04:46,220
 we will update the matrix to remove the annexation presentation item that was given this evening

4523
05:04:46,220 --> 05:04:51,540
 if you felt that was sufficient yeah it was great thank you Commissioner Smith not to

4524
05:04:51,540 --> 05:04:54,220
 play with the point I made it earlier because it was probably a late night but I just want

4525
05:04:54,220 --> 05:04:58,580
 to make sure my request for the matrix is clear just is there a way that we can add

4526
05:04:58,580 --> 05:05:07,360
 HOA management companies to the notification if the land in which the HOA governs is being

4527
05:05:07,360 --> 05:05:11,580
 notified but only three or four homes within that HOA are actually being notified that

4528
05:05:11,580 --> 05:05:15,660
 it might be helpful just for neighborhood communication and so on so forth within there

4529
05:05:15,660 --> 05:05:21,940
 that might be something we can include and yes we can look at that and actually they

4530
05:05:21,940 --> 05:05:28,380
 were notified so because the HOA since the HOA lot was within the notification area that's

4531
05:05:28,380 --> 05:05:31,420
 considered a property owner and that would have gone to the management company then we

4532
05:05:31,420 --> 05:05:35,340
 don't have to even add that onto this matrix I just I don't know how that works and I think

4533
05:05:35,340 --> 05:05:38,660
 that knowing that now it does work and they just they didn't communicate their residents

4534
05:05:38,660 --> 05:05:42,620
 that ain't on the city so okay right yeah they're considered a real landowner so we

4535
05:05:42,620 --> 05:05:47,780
 notify them gotcha and I think what can make that problematic is depending on probably

4536
05:05:47,780 --> 05:05:53,260
 whose address is on the HOA stuff because you have management companies and you have

4537
05:05:53,260 --> 05:06:00,820
 you know then private groups within the neighborhood that they just run it as homeowners so that

4538
05:06:00,820 --> 05:06:06,300
 could put the city in a it's a good question it could put the city in a weird position

4539
05:06:06,300 --> 05:06:12,540
 depending because HOAs are run differently throughout our town is there anything else

4540
05:06:12,540 --> 05:06:20,420
 for the matrix any concluding items all right thank you all it's late one we're gonna adjourn

4541
05:06:20,420 --> 05:06:23,340
 at 10 43 p.m.