WEBVTT

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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.

00:17:02.520 --> 00:17:05.400
 >> What a great walkthrough history, Ron.

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 Thank you.

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 >> Thank you.

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 >> Commissioner Smith.

00:17:08.400 --> 00:17:09.400
 >> Thank you, Chair.

00:17:09.400 --> 00:17:10.400
 Ron, thank you.

00:17:10.400 --> 00:17:11.400
 Great presentation.

00:17:11.400 --> 00:17:14.440
 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

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 we can't do annexation, things that get lost within there?

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 >> Yeah, and if I go off posting, let me know, but I think that's very rare, right?

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 A lot of developments that come into the city, especially these large developments, they

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 want to be part of the city.

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 So a lot of times we'll see them as part of a voluntary annexation, but you're certainly

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 right.

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 Development knows that there's development requirements, they're in the ETJ and not necessarily

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 in the city, they certainly have certain privileges, but still, subdivision is what we can apply,

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 but when it comes to zoning regs, it's very difficult to do so, and we don't have the

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 authority to bring that city in, as you already know.

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 So those are the main challenges.

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 I don't know how specific you want to be getting to, but yeah, any zoning related items would

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 be difficult, but we still have the subdivision regulations that we can apply.

00:18:37.760 --> 00:18:38.760
 >> Sure.

00:18:38.760 --> 00:18:39.760
 Okay, thank you.

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 >> Anybody else?

00:18:40.760 --> 00:18:41.760
 Commissioner Cole.

00:18:41.760 --> 00:18:42.760
 >> There we go.

00:18:42.760 --> 00:18:43.760
 Thank you, Ron.

00:18:43.760 --> 00:18:44.760
 >> Yes, sir.

00:18:44.760 --> 00:18:45.760
 >> Thank you, Chair.

00:18:45.760 --> 00:18:46.760
 Great presentation.

00:18:46.760 --> 00:18:56.640
 I just had one question about ETJ1, ETJ2.

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

00:19:03.800 --> 00:19:07.320
 go to what, 200, 250?

00:19:07.320 --> 00:19:13.440
 >> There are certain requirements, and none applies in ETJ, division 1 or 2.

00:19:13.440 --> 00:19:14.720
 >> Fire code.

00:19:14.720 --> 00:19:16.240
 >> Fire code.

00:19:16.240 --> 00:19:20.680
 I just want to make sure the mic catches everything.

00:19:20.680 --> 00:19:24.680
 Sounds like an echo.

00:19:24.680 --> 00:19:26.680
 >> Anybody else?

00:19:26.680 --> 00:19:27.680
 Okay.

00:19:27.680 --> 00:19:28.680
 >> All righty.

00:19:28.680 --> 00:19:29.880
 >> Ron, thanks for your work and your presentation.

00:19:29.880 --> 00:19:30.880
 It was great.

00:19:30.880 --> 00:19:31.880
 >> Thank you.

00:19:31.880 --> 00:19:39.160
 Okay, next item of business is clarification of agenda items.

00:19:39.160 --> 00:19:43.480
 So first one will be our minutes for August 10th.

00:19:43.480 --> 00:19:49.800
 Any issues, discussions, anything to talk about there?

00:19:49.800 --> 00:19:51.640
 Okay.

00:19:51.640 --> 00:19:52.640
 Consent agenda.

00:19:52.640 --> 00:20:02.480
 We've got two plats on the consent agenda.

00:20:02.480 --> 00:20:05.520
 We'll move to items for individual consideration.

00:20:05.520 --> 00:20:11.000
 4A has been withdrawn, so we will not be taking action on that one.

00:20:11.000 --> 00:20:15.280
 4B has been withdrawn, I believe.

00:20:15.280 --> 00:20:19.640
 We won't be taking action there.

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

00:20:27.760 --> 00:20:28.760
 fill us in there.

00:20:28.760 --> 00:20:29.760
 Thank you.

00:20:29.760 --> 00:20:30.760
 >> Absolutely.

00:20:30.760 --> 00:20:31.760
 Good evening, Chair, members of the Commission.

00:20:31.760 --> 00:20:32.760
 Just a moment.

00:20:32.760 --> 00:20:55.720
 I need to update this slide, but prior to our meeting, this is a proposed preliminary

00:20:55.720 --> 00:20:58.400
 plat for Summerwell Denton Phase 2B.

00:20:58.400 --> 00:21:01.000
 It's also been called Elan Denton Phase 2B.

00:21:01.000 --> 00:21:07.400
 It is approximately 14-acre tract that is to be developed with multifamily.

00:21:07.400 --> 00:21:12.520
 The purpose of this preliminary plat is to establish the boundaries as well as associated

00:21:12.520 --> 00:21:14.440
 easements with this development.

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

00:21:19.560 --> 00:21:25.520
 tonight for approval.

00:21:25.520 --> 00:21:31.160
 Any questions for Angie on this one?

00:21:31.160 --> 00:21:32.160
 Thank you.

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.

00:21:40.080 --> 00:21:45.200
 I believe 4D and E are related, correct?

00:21:45.200 --> 00:21:47.280
 >> Yes, these two are related.

00:21:47.280 --> 00:21:50.220
 This is Variance 22-0002.

00:21:50.220 --> 00:21:54.720
 It is a variance request for a proposed final plat for 4B Ranch.

00:21:54.720 --> 00:21:57.120
 A brief overview of this request.

00:21:57.120 --> 00:22:04.740
 This is a subdivision variance request from DDC Sections 8.3.2E1D, which is in relation

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,

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.

00:22:21.120 --> 00:22:28.280
 The applicant is proposing this development, plotting one 5-acre tract of land into three

00:22:28.280 --> 00:22:31.640
 lots for future single-family residential development.

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

00:22:37.200 --> 00:22:40.160
 you this evening with the recommendation of approval.

00:22:40.160 --> 00:22:42.720
 Any questions on this one?

00:22:42.720 --> 00:22:45.080
 I'm happy to go into further detail.

00:22:45.080 --> 00:22:46.080
 >> Commissioner Smith.

00:22:46.080 --> 00:22:47.080
 >> Thank you, Chair.

00:22:47.080 --> 00:22:52.480
 Part of the DDC was primarily around emergency services, so emergency services has no issue

00:22:52.480 --> 00:22:55.440
 with the entrance and exit of that single-family residential area.

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

00:22:59.800 --> 00:23:00.800
 whatsoever.

00:23:00.800 --> 00:23:01.800
 They're good.

00:23:01.800 --> 00:23:02.800
 They can do a turnaround there and get out.

00:23:02.800 --> 00:23:03.800
 >> Yes.

00:23:03.800 --> 00:23:06.960
 The applicant has provided an access easement as well as that private access easement.

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

00:23:11.520 --> 00:23:15.520
 Denton County Fire, and they've confirmed they are able to serve this.

00:23:15.520 --> 00:23:19.160
 >> Cool, thank you.

00:23:19.160 --> 00:23:20.160
 >> Commissioner Villarreal.

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

00:23:24.040 --> 00:23:27.000
 are when it comes to voting on platting?

00:23:27.000 --> 00:23:28.000
 Just curious.

00:23:28.000 --> 00:23:29.000
 >> Yeah.

00:23:29.000 --> 00:23:30.000
 I'll let these ladies handle it.

00:23:30.000 --> 00:23:35.080
 I believe the answer is no, this is not a ministerial thing.

00:23:35.080 --> 00:23:36.080
 >> That is correct.

00:23:36.080 --> 00:23:38.320
 So it's not a ministerial function.

00:23:38.320 --> 00:23:44.320
 We do have criteria included within subchapter two now as it specifically relates to evaluating

00:23:44.320 --> 00:23:48.440
 these requests, so this is actually probably your first request in accordance with those

00:23:48.440 --> 00:23:49.840
 newly adopted criteria.

00:23:49.840 --> 00:23:50.840
 >> Right.

00:23:50.840 --> 00:23:51.840
 Gotcha.

00:23:51.840 --> 00:23:55.320
 Thank you.

00:23:55.320 --> 00:23:56.320
 >> Any other questions?

00:23:56.320 --> 00:24:20.380
 I'll have you skip over, I guess, to the next one on 4E then.

00:24:20.380 --> 00:24:21.380
 >> Sorry, I lost my spot.

00:24:21.380 --> 00:24:25.360
 And then this is the associated final plat for 4B.

00:24:25.360 --> 00:24:30.560
 This is a proposed final plat for three single-family residential lots in our ETJ.

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.

00:24:37.840 --> 00:24:42.760
 Staff has a recommendation of approval of this final plat if the associated variance

00:24:42.760 --> 00:24:44.560
 request is approved.

00:24:44.560 --> 00:24:48.800
 If the associated variance request is not approved, staff recommends denial as this

00:24:48.800 --> 00:24:58.040
 does not meet the criteria for approval if the variance is denied.

00:24:58.040 --> 00:24:59.040
 >> That makes sense.

00:24:59.040 --> 00:25:00.040
 Any questions?

00:25:00.040 --> 00:25:01.040
 Waltina?

00:25:01.040 --> 00:25:05.720
 >> Just a follow-up response then.

00:25:05.720 --> 00:25:07.500
 This one is ministerial action.

00:25:07.500 --> 00:25:08.500
 Okay.

00:25:08.500 --> 00:25:09.500
 >> Okay.

00:25:09.500 --> 00:25:11.960
 Thank you very much, Angie.

00:25:11.960 --> 00:25:22.040
 Okay, we'll go ahead and call up 4F.

00:25:22.040 --> 00:25:24.040
 Hi, Ashley.

00:25:24.040 --> 00:25:27.040
 How are you?

00:25:27.040 --> 00:25:28.040
 >> Hello.

00:25:28.040 --> 00:25:29.040
 Good.

00:25:29.040 --> 00:25:31.040
 How are you?

00:25:31.040 --> 00:25:32.040
 >> Good.

00:25:32.040 --> 00:25:33.040
 >> Okay.

00:25:33.040 --> 00:25:39.320
 This item is a final plat for four single-family lots on approximately 4.23 acres.

00:25:39.320 --> 00:25:42.820
 At this time, staff is recommending denial, but we have no objection to the requested

00:25:42.820 --> 00:25:45.960
 extension until September 14th.

00:25:45.960 --> 00:25:47.800
 >> Okay.

00:25:47.800 --> 00:25:50.120
 Questions here for the extension request?

00:25:50.120 --> 00:25:51.120
 >> No.

00:25:51.120 --> 00:25:52.120
 >> Okay.

00:25:52.120 --> 00:25:53.120
 Thank you, ma'am.

00:25:53.120 --> 00:25:54.120
 >> Okay.

00:25:54.120 --> 00:25:55.120
 4G.

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.

00:26:05.960 --> 00:26:06.960
 >> You are correct.

00:26:06.960 --> 00:26:07.960
 Yes.

00:26:07.960 --> 00:26:08.960
 Hi.

00:26:08.960 --> 00:26:09.960
 Thank you.

00:26:09.960 --> 00:26:12.960
 The request is for a final plat 2227.

00:26:12.960 --> 00:26:14.760
 The property is within the ETJ.

00:26:14.760 --> 00:26:17.080
 It's for a public facility use.

00:26:17.080 --> 00:26:21.120
 They do have some items they need to work through, and so staff is recommending denial.

00:26:21.120 --> 00:26:25.000
 However, we have no objection to their requested extension to September 14th.

00:26:25.000 --> 00:26:27.640
 I'll be happy to answer any questions.

00:26:27.640 --> 00:26:29.440
 >> Commissioner McDade.

00:26:29.440 --> 00:26:30.440
 >> Thank you, chair.

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,

00:26:36.560 --> 00:26:42.280
 and it has the south side of East Sycamore Street in the presentation.

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

00:26:45.240 --> 00:26:46.240
 are.

00:26:46.240 --> 00:26:47.240
 >> I am so sorry.

00:26:47.240 --> 00:26:48.240
 Yes.

00:26:48.240 --> 00:26:49.240
 It is -- it is Harley Field.

00:26:49.240 --> 00:26:50.240
 Yes.

00:26:50.240 --> 00:26:54.360
 It is on the north side of town, just north of Harley Field, west of FM428.

00:26:54.360 --> 00:26:55.360
 I apologize for that.

00:26:55.360 --> 00:26:56.360
 >> I'm good.

00:26:56.360 --> 00:26:57.360
 I'm good with that.

00:26:57.360 --> 00:26:58.360
 >> Okay.

00:26:58.360 --> 00:27:01.160
 >> Thank you.

00:27:01.160 --> 00:27:03.800
 Anything else for Julie on this one?

00:27:03.800 --> 00:27:05.520
 Okay.

00:27:05.520 --> 00:27:06.760
 Thank you, Julie.

00:27:06.760 --> 00:27:07.760
 Let's see.

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

00:27:14.600 --> 00:27:15.600
 again.

00:27:15.600 --> 00:27:16.600
 So.

00:27:16.600 --> 00:27:18.320
 >> All right.

00:27:18.320 --> 00:27:19.960
 Okay.

00:27:19.960 --> 00:27:22.400
 This is PP2221.

00:27:22.400 --> 00:27:27.320
 This is a preliminary plat for a proposed multifamily use.

00:27:27.320 --> 00:27:31.840
 They do have some items that they need to work through, so staff is recommending denial

00:27:31.840 --> 00:27:32.840
 of the request.

00:27:32.840 --> 00:27:37.320
 However, we have no objection to the requested extension to September 14th.

00:27:37.320 --> 00:27:39.840
 I'll be happy to answer any questions.

00:27:39.840 --> 00:27:41.000
 >> Thanks, Julie.

00:27:41.000 --> 00:27:42.000
 Questions on this one?

00:27:42.000 --> 00:27:43.000
 Okay.

00:27:43.000 --> 00:27:44.000
 >> Thank you.

00:27:44.000 --> 00:27:45.000
 >> Thank you.

00:27:45.000 --> 00:27:50.000
 4J is Ron's item.

00:27:50.000 --> 00:27:51.000
 >> Yes.

00:27:51.000 --> 00:28:02.800
 Chair, members of the commission, this is a final plat request for a single lot, just

00:28:02.800 --> 00:28:03.800
 south of Jim Crystal.

00:28:03.800 --> 00:28:10.440
 As you all probably remember from the last meeting, this was approval with a condition

00:28:10.440 --> 00:28:15.320
 that the alternative ESA plan be approved by city council at their next meeting, which

00:28:15.320 --> 00:28:17.320
 was August 16th.

00:28:17.320 --> 00:28:24.920
 The city council did approve that alternative ESA plan, 7-0, therefore staff is just bringing

00:28:24.920 --> 00:28:29.720
 this back for formal approval without a condition.

00:28:29.720 --> 00:28:32.440
 So that's what the purpose of this item is for.

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

00:28:37.520 --> 00:28:38.520
 on it.

00:28:38.520 --> 00:28:39.520
 >> Right.

00:28:39.520 --> 00:28:42.800
 Amend the notes that was attached to the plat as well as remove the condition.

00:28:42.800 --> 00:28:43.800
 >> Right.

00:28:43.800 --> 00:28:44.800
 Okay.

00:28:44.800 --> 00:28:45.800
 Commissioner Pruitt.

00:28:45.800 --> 00:28:46.800
 >> Thank you, Chair.

00:28:46.800 --> 00:28:47.800
 Just help refresh my memory.

00:28:47.800 --> 00:28:53.020
 I think this may have happened with one other application a few months ago that required

00:28:53.020 --> 00:28:56.440
 us to come back for an additional meeting.

00:28:56.440 --> 00:28:57.440
 Am I remembering that correct?

00:28:57.440 --> 00:28:58.440
 Is that the same consideration?

00:28:58.440 --> 00:28:59.440
 >> Yeah.

00:28:59.440 --> 00:29:00.440
 I think it was an SUV, from what I remember.

00:29:00.440 --> 00:29:06.000
 >> But it was a conditional -- yeah, but it was a plat.

00:29:06.000 --> 00:29:07.000
 >> Multi-family request.

00:29:07.000 --> 00:29:08.000
 So yes.

00:29:08.000 --> 00:29:14.800
 So when we have plats that were approved with conditions and the condition we believe has

00:29:14.800 --> 00:29:20.080
 been satisfied, then we are putting them back on your agenda to acknowledge that the condition

00:29:20.080 --> 00:29:24.120
 has been satisfied, therefore removed so that you can take final action on approving the

00:29:24.120 --> 00:29:25.120
 plat.

00:29:25.120 --> 00:29:26.120
 >> Okay.

00:29:26.120 --> 00:29:29.680
 And just educate me.

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

00:29:35.360 --> 00:29:37.840
 through the next regular scheduled meeting without issue?

00:29:37.840 --> 00:29:43.360
 >> Well, it's going to depend upon when the condition was satisfied and then when the

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

00:29:46.880 --> 00:29:49.240
 the next available agenda as quickly as we can.

00:29:49.240 --> 00:29:50.240
 >> Okay.

00:29:50.240 --> 00:29:53.000
 It's just amazing how many hoops we jump through.

00:29:53.000 --> 00:29:56.920
 >> Well, and part of this is a result of interpretation of state law.

00:29:56.920 --> 00:30:03.480
 So in each city, might handle it slightly different, but here in Denton, our interpretation

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

00:30:09.560 --> 00:30:12.200
 the condition needs to be the body that removed the condition.

00:30:12.200 --> 00:30:13.200
 >> Okay.

00:30:13.200 --> 00:30:16.200
 Thank you very much.

00:30:16.200 --> 00:30:18.080
 >> Well explained.

00:30:18.080 --> 00:30:19.080
 Thank you, Tina.

00:30:19.080 --> 00:30:20.080
 Okay.

00:30:20.080 --> 00:30:23.280
 Any other questions for Ron on this item?

00:30:23.280 --> 00:30:24.280
 Okay.

00:30:24.280 --> 00:30:25.280
 Okay.

00:30:25.280 --> 00:30:27.360
 Thank you, Ron.

00:30:27.360 --> 00:30:28.360
 Let's see.

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

00:30:34.160 --> 00:30:35.160
 tonight.

00:30:35.160 --> 00:30:37.600
 5A has been withdrawn.

00:30:37.600 --> 00:30:40.360
 We will not be taking action on that.

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

00:30:44.880 --> 00:30:46.640
 and answer any questions you might have.

00:30:46.640 --> 00:30:47.840
 >> Good evening.

00:30:47.840 --> 00:30:55.800
 Let me find my presentation.

00:30:55.800 --> 00:30:59.680
 All right.

00:30:59.680 --> 00:31:00.680
 Good evening.

00:31:00.680 --> 00:31:01.680
 Julie Wyatt, senior planner.

00:31:01.680 --> 00:31:04.720
 I'm just going to do just a quick overview of the project.

00:31:04.720 --> 00:31:08.320
 If you have any questions about it, I can certainly answer those, but we'll definitely

00:31:08.320 --> 00:31:11.420
 talk about it more fully at the regular session.

00:31:11.420 --> 00:31:15.800
 So this is PD221, the reserves at Magnolia.

00:31:15.800 --> 00:31:19.520
 The subject property is located -- it's outlined here in yellow.

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

00:31:28.360 --> 00:31:30.320
 of downtown.

00:31:30.320 --> 00:31:35.920
 The request before you tonight is a planned development with a base zoning of R7 district

00:31:35.920 --> 00:31:40.800
 in order to facilitate a multifamily project with 60 dwelling units.

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

00:31:46.120 --> 00:31:47.120
 plan.

00:31:47.120 --> 00:31:48.120
 It is consistent with those goals.

00:31:48.120 --> 00:31:51.400
 The future land use map is neighborhood mixed use.

00:31:51.400 --> 00:31:55.240
 It satisfies our infill goals, our housing goals, and our urban design.

00:31:55.240 --> 00:32:00.320
 But as we were analyzing it, we did look at other parts of the comprehensive plan.

00:32:00.320 --> 00:32:08.560
 It had some really robust conversations with staff talking about how this area should redevelop

00:32:08.560 --> 00:32:13.480
 and how the surrounding property should fit into the development of this area.

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

00:32:19.960 --> 00:32:23.680
 commercial properties and could leave remainder properties.

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

00:32:28.160 --> 00:32:31.600
 an overall planning of this area.

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

00:32:35.280 --> 00:32:37.640
 drop that in our conversation.

00:32:37.640 --> 00:32:41.960
 But ultimately, we determined that because it met the criteria for approval in the comprehensive

00:32:41.960 --> 00:32:45.560
 plan, we are recommending approval tonight of the request, and I'll be happy to answer

00:32:45.560 --> 00:32:46.560
 any questions.

00:32:46.560 --> 00:32:47.560
 Questions for Julie?

00:32:47.560 --> 00:32:48.560
 All right.

00:32:48.560 --> 00:32:49.560
 Thank you.

00:32:49.560 --> 00:32:50.560
 Thank you.

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

00:33:05.800 --> 00:33:06.800
 item.

00:33:06.800 --> 00:33:08.760
 Good evening, Chair, members of the commission.

00:33:08.760 --> 00:33:12.200
 I'm just going to get the presentation opened here.

00:33:12.200 --> 00:33:16.960
 Make sure I open the right one.

00:33:16.960 --> 00:33:17.960
 Apologies.

00:33:17.960 --> 00:33:20.040
 Here we are.

00:33:20.040 --> 00:33:21.040
 Okay.

00:33:21.040 --> 00:33:29.520
 So Sean Jacobson, Associate Planner, here to present S210005 Teasley Lane Multifamily.

00:33:29.520 --> 00:33:34.640
 This is a project located off Teasley Lane, north of the intersection of Teasley Lane

00:33:34.640 --> 00:33:35.920
 and Hickory Creek Road.

00:33:35.920 --> 00:33:42.200
 This is a request for a specific use permit for 95 dwelling unit multifamily.

00:33:42.200 --> 00:33:47.960
 This is proposed within the SC, suburban corridor zoning district, which does permit multifamily,

00:33:47.960 --> 00:33:53.400
 but requires a specific use permit, and therefore the question before you is whether this satisfies

00:33:53.400 --> 00:33:56.760
 our approval criteria for a specific use permit.

00:33:56.760 --> 00:34:01.960
 Staff has analyzed it against those criteria and against our 2040 comprehensive plan and

00:34:01.960 --> 00:34:06.320
 determined that it does meet those criteria, does align with our comprehensive plan, not

00:34:06.320 --> 00:34:11.720
 only with the community mixed use, land use designation for that property, but it also

00:34:11.720 --> 00:34:16.440
 helps to accomplish some of our other 2040 comprehensive plan goals in terms of creating

00:34:16.440 --> 00:34:20.220
 greater mobility and accessibility within this area.

00:34:20.220 --> 00:34:24.660
 So certainly go into more detail in the main session, but happy to answer any questions

00:34:24.660 --> 00:34:30.000
 you have now.

00:34:30.000 --> 00:34:32.120
 Questions for Sean?

00:34:32.120 --> 00:34:34.760
 What is the height of this building?

00:34:34.760 --> 00:34:36.760
 I don't recall.

00:34:36.760 --> 00:34:39.800
 I know four stories is what's being proposed.

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

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

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

00:34:58.560 --> 00:35:00.360
 you, and I'll have that answer for you.

00:35:00.360 --> 00:35:02.160
 Okay, that's fine.

00:35:02.160 --> 00:35:06.960
 Secondly, talking about buffering, as I was reading through the backup material, we've

00:35:06.960 --> 00:35:11.320
 got some constraints on being able to buffer this property, correct?

00:35:11.320 --> 00:35:12.320
 Yes, ma'am.

00:35:12.320 --> 00:35:13.600
 Can you give an overview of that, please?

00:35:13.600 --> 00:35:14.600
 Absolutely.

00:35:14.600 --> 00:35:15.600
 Happy to elaborate on that.

00:35:15.600 --> 00:35:16.600
 Thank you.

00:35:16.600 --> 00:35:17.600
 Yes.

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

00:35:23.680 --> 00:35:28.700
 and northwest corners of this property, there is both significant floodplain, which we discussed

00:35:28.700 --> 00:35:30.720
 last week, as well as a drainage area.

00:35:30.720 --> 00:35:33.640
 So all of that is within drainage and detention easements.

00:35:33.640 --> 00:35:40.840
 That does not permit new fencing, and it does limit what landscaping can be proposed.

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,

00:35:48.240 --> 00:35:52.680
 but it does limit what can be provided in those areas in terms of buffering.

00:35:52.680 --> 00:35:58.920
 Technically, our code actually does not require buffers where easements are present, but the

00:35:58.920 --> 00:36:02.160
 applicant has sought to provide them to the extent possible.

00:36:02.160 --> 00:36:07.200
 And on that note, that reminds me, there was an updated landscaping plan sent out recently,

00:36:07.200 --> 00:36:08.200
 right?

00:36:08.200 --> 00:36:09.200
 Didn't we get that maybe today?

00:36:09.200 --> 00:36:10.200
 That is correct.

00:36:10.200 --> 00:36:11.200
 Yes.

00:36:11.200 --> 00:36:12.200
 Okay.

00:36:12.200 --> 00:36:13.200
 Yes.

00:36:13.200 --> 00:36:14.200
 You'll have that as part of your presentation tonight.

00:36:14.200 --> 00:36:15.200
 Yes, ma'am.

00:36:15.200 --> 00:36:16.200
 The new items?

00:36:16.200 --> 00:36:17.200
 Okay.

00:36:17.200 --> 00:36:29.200
 I think that's all of my immediate questions.

00:36:29.200 --> 00:36:31.600
 One more.

00:36:31.600 --> 00:36:39.440
 So access is challenging to me as what it looks like.

00:36:39.440 --> 00:36:43.040
 So there's an easement, from what I understand, on the east side, is that correct?

00:36:43.040 --> 00:36:45.680
 That is coming off of Teasley?

00:36:45.680 --> 00:36:51.100
 So this site is actually designed to have multiple cross-access easements, which actually

00:36:51.100 --> 00:36:58.240
 gives it three points of access to Teasley Lane across the surrounding commercial areas,

00:36:58.240 --> 00:37:02.600
 and also allows residents here to access most of the surrounding commercial areas without

00:37:02.600 --> 00:37:04.720
 having to use Teasley Lane.

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.

00:37:11.020 --> 00:37:16.680
 Let's say you're traveling from downtown and up Teasley and towards this property.

00:37:16.680 --> 00:37:17.680
 Yes.

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.

00:37:23.760 --> 00:37:26.240
 It would be the east side of this property, right?

00:37:26.240 --> 00:37:27.240
 Yes.

00:37:27.240 --> 00:37:28.240
 Okay.

00:37:28.240 --> 00:37:35.080
 And this is, just so I understand, there's something being built there now, right?

00:37:35.080 --> 00:37:38.440
 A car wash or something, Tommy, something or other, right?

00:37:38.440 --> 00:37:41.120
 And this is the lot directly behind that, correct?

00:37:41.120 --> 00:37:42.120
 Yes, ma'am.

00:37:42.120 --> 00:37:43.120
 Okay.

00:37:43.120 --> 00:37:44.120
 Yes.

00:37:44.120 --> 00:37:45.120
 So you're using that same driveway?

00:37:45.120 --> 00:37:46.120
 Yes.

00:37:46.120 --> 00:37:47.120
 Yes.

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

00:37:52.320 --> 00:37:53.760
 bagel and that.

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

00:37:59.120 --> 00:38:00.920
 easement.

00:38:00.920 --> 00:38:03.920
 So if you can see here.

00:38:03.920 --> 00:38:08.600
 So initially you would enter here and then this is an access easement that serves the

00:38:08.600 --> 00:38:12.440
 car wash, the Einstein's bagel, and the medical clinic down here.

00:38:12.440 --> 00:38:15.720
 So this and that actually connects also up to the pharmacy here.

00:38:15.720 --> 00:38:16.720
 Okay.

00:38:16.720 --> 00:38:25.960
 And then the only way to get to Hickory Creek is through the commercial lot?

00:38:25.960 --> 00:38:29.360
 Either through the commercial lot or if you go out onto Teasley.

00:38:29.360 --> 00:38:30.360
 But if you didn't want that product.

00:38:30.360 --> 00:38:33.080
 Right, turn right onto Teasley and then go to Hickory Creek from there.

00:38:33.080 --> 00:38:34.080
 Okay.

00:38:34.080 --> 00:38:36.480
 You could also access Hickory Creek by going through the commercial lot.

00:38:36.480 --> 00:38:37.480
 Right.

00:38:37.480 --> 00:38:39.160
 Go through sprouts and all of that.

00:38:39.160 --> 00:38:40.160
 Okay.

00:38:40.160 --> 00:38:41.160
 Okay.

00:38:41.160 --> 00:38:42.160
 Okay.

00:38:42.160 --> 00:38:45.400
 Yeah, just give me that high question in the regular meeting and I'm good.

00:38:45.400 --> 00:38:46.400
 Commissioner Smith.

00:38:46.400 --> 00:38:47.400
 Thank you, Chair.

00:38:47.400 --> 00:38:53.360
 Chair, I'll spread a point that I was thinking about in preparation for today.

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

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

00:39:05.720 --> 00:39:09.840
 traffic, not necessarily on mitigation, but we do a traffic analysis of how many people

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

00:39:12.940 --> 00:39:15.320
 to Hickory Creek and go through there.

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

00:39:20.080 --> 00:39:24.440
 that is going to have foot traffic going through there?

00:39:24.440 --> 00:39:29.420
 Isn't that a consideration whenever we're talking about having basically a right of

00:39:29.420 --> 00:39:32.040
 way or a thoroughfare through a commercial lot for that purpose?

00:39:32.040 --> 00:39:33.040
 Does that make sense?

00:39:33.040 --> 00:39:35.240
 Yeah, I believe I understand that.

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

00:39:39.840 --> 00:39:41.960
 in the first place?

00:39:41.960 --> 00:39:47.960
 So one of the things within our code is that we actually encourage cross-connectivity in

00:39:47.960 --> 00:39:52.000
 part to break up the number of vehicles using any one route.

00:39:52.000 --> 00:39:53.000
 Sure.

00:39:53.000 --> 00:39:54.600
 That is certainly something we encourage.

00:39:54.600 --> 00:40:00.000
 And then in terms of actually passing through a site, as with anything, sites are expected

00:40:00.000 --> 00:40:03.640
 to be designed when they come in for safety of vehicles passing through.

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.

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

00:40:14.800 --> 00:40:16.800
 to handle safety passing through.

00:40:16.800 --> 00:40:20.960
 So when Sprouts was designed, these access easements were actually in place and put in

00:40:20.960 --> 00:40:22.520
 place at that time.

00:40:22.520 --> 00:40:27.300
 So there was always the expectation that there would be vehicles coming from those access

00:40:27.300 --> 00:40:30.100
 easements and down into this lot.

00:40:30.100 --> 00:40:33.200
 Can you think of any other location in this?

00:40:33.200 --> 00:40:34.200
 I can't.

00:40:34.200 --> 00:40:40.200
 Top of my head, Sean, that is a multifamily property that adjoins to a commercial use

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

00:40:47.520 --> 00:40:48.520
 arterial, correct?

00:40:48.520 --> 00:40:49.520
 Yes, sir.

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

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?

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

00:41:03.080 --> 00:41:07.800
 it's safe, therefore it gives me some more comfort within saying that that's okay.

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

00:41:11.680 --> 00:41:15.520
 moment, but I'll be happy to have a response for you at Public Hearing.

00:41:15.520 --> 00:41:18.400
 Yeah, and I totally understand that easement was there already and that makes sense.

00:41:18.400 --> 00:41:19.880
 There's some thought given to it.

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

00:41:25.200 --> 00:41:28.680
 for that to be there without having some other context maybe, so thanks.

00:41:28.680 --> 00:41:29.680
 Absolutely.

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

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

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.

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

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

00:41:56.400 --> 00:42:01.960
 conference of plan goals for the community mixed use within this area.

00:42:01.960 --> 00:42:06.800
 This is actually a well laid out site to be able to accommodate the smaller multifamily

00:42:06.800 --> 00:42:11.040
 development project with the commercial development that is there, so that's why when we reviewed

00:42:11.040 --> 00:42:14.480
 this as well as taking into consideration the TIA, and I believe the TIA did address

00:42:14.480 --> 00:42:19.040
 the commercial access points and it looked at the multifamily plus the commercial sites

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

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

00:42:30.800 --> 00:42:33.320
 of plan and meets our other design standards.

00:42:33.320 --> 00:42:35.400
 Okay, thank you.

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

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,

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

00:42:50.240 --> 00:42:55.800
 not really much concern of their own public safety, whereas something like parking at

00:42:55.800 --> 00:43:03.320
 Sprouts and walking into Sprouts and those areas having now access to a multifamily area

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

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

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

00:43:15.200 --> 00:43:16.200
 talk about it.

00:43:16.200 --> 00:43:17.200
 Thanks.

00:43:17.200 --> 00:43:20.720
 Yeah, I think, yeah, if you could add maybe that to your presentation or something, because

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.

00:43:27.840 --> 00:43:34.760
 I understand a master plan for commercial uses and whatnot and all this shared, but

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

00:43:43.800 --> 00:43:47.000
 going through a parking lot that has a lot going on in it.

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

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,

00:43:57.640 --> 00:44:02.080
 the way that's laid out, to encourage access to Hickory Creek without using Teasley Lane

00:44:02.080 --> 00:44:06.480
 as we've put on here, so definitely have some concerns there.

00:44:06.480 --> 00:44:08.480
 Commissioner Pruitt, did I see your hand up?

00:44:08.480 --> 00:44:15.120
 Yeah, just real briefly, if you're looking for similar properties, I think on the west

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

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

00:44:28.360 --> 00:44:29.360
 into.

00:44:29.360 --> 00:44:30.360
 Thank you.

00:44:30.360 --> 00:44:32.360
 Commissioner Anderson?

00:44:32.360 --> 00:44:34.800
 Thank you, Chair.

00:44:34.800 --> 00:44:37.160
 Hey, Sean, thank you.

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

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,

00:44:47.320 --> 00:44:51.080
 if so, is it within the 500, outside of the 500-foot boundary?

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

00:44:55.400 --> 00:44:56.400
 things we checked and confirmed.

00:44:56.400 --> 00:44:57.400
 Okay, thank you.

00:44:57.400 --> 00:44:59.600
 And it is active, from what I understand, correct?

00:44:59.600 --> 00:45:03.680
 Yes, that is my understanding.

00:45:03.680 --> 00:45:06.840
 Yeah.

00:45:06.840 --> 00:45:10.680
 Any other questions for Sean on this item?

00:45:10.680 --> 00:45:14.840
 We've given you a little bit of homework, so thanks.

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

00:45:23.920 --> 00:45:24.920
 on that.

00:45:24.920 --> 00:45:25.920
 We can answer some questions.

00:45:25.920 --> 00:45:26.920
 Do we have any?

00:45:26.920 --> 00:45:27.920
 Thank you, Chair.

00:45:27.920 --> 00:45:38.440
 Members of the Commission, this is a zoning change request for a property located at the

00:45:38.440 --> 00:45:44.360
 northeast corner of US 380 and Thomas Egan Road.

00:45:44.360 --> 00:45:50.960
 The request is to rezone the property from R2, Residential 2, to Light Industrial Zoning

00:45:50.960 --> 00:45:56.440
 District, and again, the property is here outlined in yellow on the northeast corner

00:45:56.440 --> 00:45:59.380
 of Thomas Egan and University.

00:45:59.380 --> 00:46:04.280
 It's approximately 9.56 acres, currently undeveloped.

00:46:04.280 --> 00:46:09.840
 The applicant is proposing to develop it as an industrial use, specifically an industrial

00:46:09.840 --> 00:46:13.360
 use building with an industrial use building.

00:46:13.360 --> 00:46:19.600
 Just to note, the property also owns two of the tracks north of this subject property.

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

00:46:24.520 --> 00:46:30.080
 in red is the area that we're referring to, or where the project is located.

00:46:30.080 --> 00:46:36.440
 For Light Industrial, the description is primarily for light industrial activity that has adequate

00:46:36.440 --> 00:46:41.560
 access and provides easy transition for the area.

00:46:41.560 --> 00:46:48.360
 So again, with that being said, the proposed zoning change request to LI does meet the

00:46:48.360 --> 00:46:52.640
 development code criteria for approval, as it is consistent with the future land use

00:46:52.640 --> 00:46:56.440
 map and the goals and policies of the comprehensive plan.

00:46:56.440 --> 00:47:01.640
 It's consistent with the LI purpose statement zoning district.

00:47:01.640 --> 00:47:06.800
 It's not expected to create or generate significant adverse environmental infrastructure or physical

00:47:06.800 --> 00:47:13.440
 impacts, and at the time of development, infrastructure and utility will have the ability to serve

00:47:13.440 --> 00:47:17.440
 that area in its capacity.

00:47:17.440 --> 00:47:20.620
 Notifications were sent out for the zoning change request.

00:47:20.620 --> 00:47:27.040
 As of this afternoon, there has not been any responses received in writing.

00:47:27.040 --> 00:47:30.600
 With that, staff recommends approval, and I'll stand for any questions.

00:47:30.600 --> 00:47:39.120
 Ron, with the applicant's concept plan that was provided in our backup, that looks like

00:47:39.120 --> 00:47:42.040
 it's taking into consideration the other two lots?

00:47:42.040 --> 00:47:43.040
 That's correct.

00:47:43.040 --> 00:47:44.040
 To the north?

00:47:44.040 --> 00:47:48.200
 They're wanting to zone this property first, and then following the zoning of this property,

00:47:48.200 --> 00:47:51.200
 zoning that property into the city.

00:47:51.200 --> 00:47:56.840
 Those two lots are currently outside the city in the ETJ?

00:47:56.840 --> 00:47:57.840
 Correct.

00:47:57.840 --> 00:47:58.840
 Okay.

00:47:58.840 --> 00:47:59.840
 Commissioner Smith.

00:47:59.840 --> 00:48:00.840
 Yeah, thank you, Chair.

00:48:00.840 --> 00:48:01.840
 That was a good question.

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

00:48:04.560 --> 00:48:08.320
 in the ETJ, so we don't really get to see it within this scenario.

00:48:08.320 --> 00:48:14.240
 In the conversation in the sense of ETJ and city limit property, on the interlocal agreement,

00:48:14.240 --> 00:48:21.280
 what is the stipulations that kick off to do an environmental study because of that

00:48:21.280 --> 00:48:26.800
 riparian buffer that's on the east side of that property there?

00:48:26.800 --> 00:48:31.920
 Is ETJ developed land and possibly the need for retention ponds and runoff and that kind

00:48:31.920 --> 00:48:35.540
 of stuff come into that when it's ETJ developed?

00:48:35.540 --> 00:48:38.400
 As it relates to the subdivision regulations, there will be some.

00:48:38.400 --> 00:48:46.120
 I can tell you that the applicant will be here tonight to answer any questions.

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

00:48:49.760 --> 00:48:52.120
 under the development code.

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

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,

00:49:01.120 --> 00:49:04.000
 which would then have the environmental analysis done at that point in time.

00:49:04.000 --> 00:49:05.000
 Correct.

00:49:05.000 --> 00:49:06.000
 Okay.

00:49:06.000 --> 00:49:07.000
 All right, great.

00:49:07.000 --> 00:49:08.000
 Thank you.

00:49:08.000 --> 00:49:12.320
 Any other thought that I had?

00:49:12.320 --> 00:49:17.200
 Can they develop without bringing those two into the city?

00:49:17.200 --> 00:49:18.200
 They certainly can.

00:49:18.200 --> 00:49:23.840
 However, with what they're proposing as a single building, having it cross city lines,

00:49:23.840 --> 00:49:30.720
 that's unlikely, so therefore, it is probably to their best interest to bring those properties

00:49:30.720 --> 00:49:31.720
 into the city.

00:49:31.720 --> 00:49:32.720
 Okay.

00:49:32.720 --> 00:49:33.720
 Thanks.

00:49:33.720 --> 00:49:38.720
 Any more questions for Ron on this one?

00:49:38.720 --> 00:49:39.720
 No?

00:49:39.720 --> 00:49:40.720
 Okay.

00:49:40.720 --> 00:49:49.520
 Well, you can stay right there, because you get the next one, 5E, DCA220004.

00:49:49.520 --> 00:50:05.880
 All righty.

00:50:05.880 --> 00:50:10.040
 Chair and members of the commission, this is a public hearing item to bring forward

00:50:10.040 --> 00:50:12.640
 a code amendment related to parking.

00:50:12.640 --> 00:50:20.680
 This item, as members of the DCRC are familiar with, has been discussed with that committee,

00:50:20.680 --> 00:50:24.120
 and we're bringing it forward with their recommendation.

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

00:50:29.400 --> 00:50:33.000
 is, and kind of talk a little bit about why we regulate parking.

00:50:33.000 --> 00:50:37.980
 Again, this was a presentation we did back maybe a month or two ago.

00:50:37.980 --> 00:50:42.720
 Parking regulations are really to provide that off-site parking, off-street parking,

00:50:42.720 --> 00:50:50.160
 that is, requirements to help mitigate traffic, to enhance the vehicle bicycle and pedestrian

00:50:50.160 --> 00:50:51.400
 safety as well.

00:50:51.400 --> 00:50:57.960
 It encourages multimodal transportation, reduces the runoff, addresses water quality and heat

00:50:57.960 --> 00:51:05.200
 island effect, and again, with some of the requirements for landscaping and screening,

00:51:05.200 --> 00:51:12.320
 it also addresses the adverse potential for visual impact as well.

00:51:12.320 --> 00:51:19.520
 In the development code, there are certain requirements that are exempt from parking,

00:51:19.520 --> 00:51:24.280
 specifically properties that are less than 5,000 square feet of lot area.

00:51:24.280 --> 00:51:29.680
 Any residential development that's proposed in the MD zoning districts, as well as any

00:51:29.680 --> 00:51:35.560
 non-residential development that is proposed in the MD zoning district are exempt from

00:51:35.560 --> 00:51:39.240
 the parking requirements.

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

00:51:46.980 --> 00:51:53.080
 parking or maybe wants more parking, there are alternatives that they can pursue up to

00:51:53.080 --> 00:51:56.480
 50% from what is established by the parking code.

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,

00:52:01.800 --> 00:52:09.400
 but also if their particular development has a specific use that requires a more lesser

00:52:09.400 --> 00:52:14.440
 parking amount or a higher parking amount, they can submit a parking study to the parking

00:52:14.440 --> 00:52:22.500
 director and that can be reviewed under the development code parking alternative sections.

00:52:22.500 --> 00:52:26.440
 With that, we'll go ahead and get into the parking code amendments.

00:52:26.440 --> 00:52:32.160
 The reason why we're bringing these parking code amendments is really to identify certain

00:52:32.160 --> 00:52:38.200
 uses and providing them with a more accurate or actual parking needs for that particular

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

00:52:46.520 --> 00:52:49.800
 little bit more or further refine as part of these code amendments.

00:52:49.800 --> 00:52:56.420
 Again, as I mentioned earlier, the DCRC, Development Code Review Committee, has met on this item

00:52:56.420 --> 00:52:58.660
 on parking in particular.

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.

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

00:53:09.880 --> 00:53:15.460
 code amendment is proposing to amend or add.

00:53:15.460 --> 00:53:20.160
 With that, I'm going to go ahead and get started on what is being proposed.

00:53:20.160 --> 00:53:22.200
 I know this is a work session item.

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

00:53:25.860 --> 00:53:31.320
 me know, but I'm just going to highlight some of those changes.

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.

00:53:34.840 --> 00:53:36.440
 I'm not going to read all of them.

00:53:36.440 --> 00:53:41.680
 I just wanted to give you just a highlight of what is upcoming.

00:53:41.680 --> 00:53:48.360
 The first one is the use type, which is under bars, taverns, lounge, private club, restaurants,

00:53:48.360 --> 00:53:50.360
 and restaurants with drive-thrus.

00:53:50.360 --> 00:53:56.280
 Currently the existing requirement is one space per 200 feet for indoor seating area

00:53:56.280 --> 00:54:00.240
 and one space per 300 for outdoor seating area.

00:54:00.240 --> 00:54:05.160
 Staff is proposing a whole different approach in the requirement and basing the parking

00:54:05.160 --> 00:54:12.080
 requirement off of the building code's occupancy load number, also providing one space per

00:54:12.080 --> 00:54:17.160
 employee at its highest shift, largest shift, and then also addressing the need for additional

00:54:17.160 --> 00:54:24.560
 parking for those pickup spaces or Uber Eats or whatnot and folks coming in and picking

00:54:24.560 --> 00:54:28.880
 up their order rather than sitting in the restaurant.

00:54:28.880 --> 00:54:30.760
 I think this was important to share.

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

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

00:54:43.840 --> 00:54:46.400
 for you to share.

00:54:46.400 --> 00:54:52.200
 The first one, the first restaurant, and when I was looking for restaurants, I was looking

00:54:52.200 --> 00:54:56.280
 for my favorite restaurant, so this is one of my favorite restaurants, so Hawaiian Brothers.

00:54:56.280 --> 00:55:01.720
 A fairly new restaurant was completed in June 2021.

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

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

00:55:12.520 --> 00:55:14.080
 Brothers.

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

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.

00:55:28.680 --> 00:55:29.680
 That is not enough.

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

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

00:55:39.720 --> 00:55:41.960
 and nothing really changed as far as the square footage.

00:55:41.960 --> 00:55:46.600
 The internal building may have changed, but the external footprint did not.

00:55:46.600 --> 00:55:51.080
 Using the proposed requirement, if we were to apply the proposed requirement of one space

00:55:51.080 --> 00:55:58.140
 per four design occupancy load, the occupancy load based on the building code is 75.

00:55:58.140 --> 00:56:00.640
 That translates to 19 spaces.

00:56:00.640 --> 00:56:06.380
 With 15 employees, that's another, obviously, 15 spaces, and then with the reserve parking

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,

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

00:56:18.480 --> 00:56:24.240
 feels that the proposed requirement fits more on what the actual need is for that particular

00:56:24.240 --> 00:56:26.160
 restaurant, for this particular restaurant.

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

00:56:33.200 --> 00:56:36.840
 would require.

00:56:36.840 --> 00:56:38.840
 Another favorite restaurant of mine is In-N-Out.

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.

00:56:43.640 --> 00:56:47.040
 It's a little bit bigger seating area.

00:56:47.040 --> 00:56:49.600
 They have both an indoor and outdoor.

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

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

00:57:01.360 --> 00:57:04.660
 area of one space per 350.

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.

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.

00:57:18.840 --> 00:57:25.160
 Using the proposed requirement with, again, one space per four occupancy load, they have

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.

00:57:34.000 --> 00:57:39.120
 Now, they also have 15 employees at their largest shift, that's an additional 15 spaces,

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.

00:57:44.360 --> 00:57:48.000
 What they have today is 64 spaces.

00:57:48.000 --> 00:57:49.000
 This is a new development.

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

00:57:53.720 --> 00:57:54.720
 is required?

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

00:57:58.640 --> 00:58:05.120
 not the requirement that they would typically, if they were not part of that razor ranch

00:58:05.120 --> 00:58:06.800
 overlay district.

00:58:06.800 --> 00:58:15.300
 Another example of how this proposed amendment would apply to an existing restaurant.

00:58:15.300 --> 00:58:19.100
 The last favorite restaurant is IHOP.

00:58:19.100 --> 00:58:24.000
 We have IHOP here, larger seating area.

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

00:58:28.200 --> 00:58:37.160
 that indoor seating, one space per 200 with 2300 square feet, that doesn't really give

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

00:58:41.680 --> 00:58:44.640
 would be required 12 spaces.

00:58:44.640 --> 00:58:48.520
 What they have on site is 66 spaces.

00:58:48.520 --> 00:58:54.200
 It must be a very popular place, because this aerial, when it was taken, basically covered

00:58:54.200 --> 00:58:59.760
 all the parking spaces, and I did count all of them, and that is 66 spaces.

00:58:59.760 --> 00:59:06.480
 Again, using what we would apply if this proposed code amendment were to be approved, again,

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

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

00:59:21.740 --> 00:59:26.160
 to apply this, but looking at their site, they probably need additional parking for

00:59:26.160 --> 00:59:30.280
 that site, seeing that the aerial is filled with their parking.

00:59:30.280 --> 00:59:35.280
 Any questions as to how a requirement such as the parking that we're proposing would

00:59:35.280 --> 00:59:36.280
 be applied?

00:59:36.280 --> 00:59:37.280
 >> Commissioner Anderson.

00:59:37.280 --> 00:59:38.280
 >> Thank you, Chair.

00:59:38.280 --> 00:59:43.120
 Ron, are you going to grandfather in any other businesses, for instance, industrial street

00:59:43.120 --> 00:59:47.000
 downtown, roosters, fuzzies, that's going to kill them, they don't have -- there's no

00:59:47.000 --> 00:59:48.000
 parking.

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,

00:59:54.840 --> 01:00:00.200
 yeah, and if they were not, you know, those would be grandfathered in -- yes.

01:00:00.200 --> 01:00:05.440
 Again, I mentioned earlier, M.D. zoning districts are not required to provide additional parking,

01:00:05.440 --> 01:00:10.320
 and we know that that's the case for that area and around downtown as well.

01:00:10.320 --> 01:00:13.400
 >> Okay.

01:00:13.400 --> 01:00:21.840
 >> Well, and these changes are not affecting existing businesses unless they do a full-on,

01:00:21.840 --> 01:00:23.840
 what, over 50% remodel?

01:00:23.840 --> 01:00:24.840
 >> Correct.

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

01:00:28.520 --> 01:00:31.440
 code, but most likely these would apply for --

01:00:31.440 --> 01:00:32.440
 >> Yeah, we're talking about new development.

01:00:32.440 --> 01:00:33.440
 >> New development.

01:00:33.440 --> 01:00:34.440
 Yes.

01:00:34.440 --> 01:00:35.440
 >> Commissioner Prout.

01:00:35.440 --> 01:00:36.440
 Okay.

01:00:36.440 --> 01:00:37.440
 Okay.

01:00:37.440 --> 01:00:38.440
 >> Okay.

01:00:38.440 --> 01:00:39.680
 >> Thanks, Ron.

01:00:39.680 --> 01:00:42.200
 So I'll briefly go through the other ones.

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.

01:00:47.440 --> 01:00:52.160
 We're also looking at the craft alcohol production.

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

01:00:57.800 --> 01:01:03.180
 larger shift is more appropriate, plus one space per four, again, design occupancy load

01:01:03.180 --> 01:01:10.620
 to address those folks that are visiting that particular use in either for seating and tasting

01:01:10.620 --> 01:01:14.160
 or if there's any food preparation as well.

01:01:14.160 --> 01:01:19.280
 So that would be included as part of their parking requirement.

01:01:19.280 --> 01:01:27.240
 Food processing generally is a large type use, almost similar to warehousing.

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,

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

01:01:38.680 --> 01:01:41.820
 space per 3,500 square feet.

01:01:41.820 --> 01:01:47.880
 What you see now is roughly one space per 1,000.

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

01:01:53.480 --> 01:01:59.920
 with other -- we're looking into other cities, but as we have seen new developments come

01:01:59.920 --> 01:02:07.320
 in in regards to these types of uses, the applicants often request a parking alternative

01:02:07.320 --> 01:02:11.780
 and often enough, they come around one space per 3,500 square feet.

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

01:02:16.680 --> 01:02:20.360
 we've researched, they tend to be around that same number.

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

01:02:25.680 --> 01:02:34.960
 requirement, wholesale warehousing as well has the same requirement for proposed parking.

01:02:34.960 --> 01:02:38.920
 So we jump to residential uses here now.

01:02:38.920 --> 01:02:44.480
 Town homes, duplexes in manufactured home development, staff is proposing to reduce

01:02:44.480 --> 01:02:48.500
 that number from four spaces per dwelling unit down to two spaces.

01:02:48.500 --> 01:02:53.160
 We feel that these types of developments are more suitable for two parking spaces rather

01:02:53.160 --> 01:02:58.480
 than the four, largely because they are somewhat typically smaller in size when you think about

01:02:58.480 --> 01:03:06.520
 town home use versus a single family, similarly duplex or a manufactured home development.

01:03:06.520 --> 01:03:09.640
 Adult daycare is the first one.

01:03:09.640 --> 01:03:15.800
 Again, just hearing from some of the new businesses, the recent businesses, their parking requirement,

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

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,

01:03:25.720 --> 01:03:28.800
 there are also needs for parking as well.

01:03:28.800 --> 01:03:31.760
 The next big one here is religious assembly.

01:03:31.760 --> 01:03:36.280
 It is based on one space per 250 square feet of gross floor area.

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

01:03:41.800 --> 01:03:43.880
 at the whole building?

01:03:43.880 --> 01:03:47.300
 Is it part of the building where there's congregation or there's assembly?

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

01:03:54.800 --> 01:04:01.200
 occupancy load per the building code, and as we spoke during the DCRC meeting, we shared

01:04:01.200 --> 01:04:07.920
 with them how that building code is applied in determining the occupancy load.

01:04:07.920 --> 01:04:15.760
 There are ratios for standing areas, there are ratios for seating areas, fixed and non-fixed,

01:04:15.760 --> 01:04:21.440
 so again, whatever the building code will allow for people to occupy space, we feel

01:04:21.440 --> 01:04:25.440
 that that's a better option in determining the parking requirements because we know that

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

01:04:29.080 --> 01:04:33.360
 saying it's one space per four occupancy load.

01:04:33.360 --> 01:04:37.000
 So that's what staff's proposing.

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

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

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

01:04:55.560 --> 01:05:00.220
 make that determination and submit to the director a parking study, and based on that

01:05:00.220 --> 01:05:08.040
 parking study, have an approved parking requirement for, again, that particular project or development.

01:05:08.040 --> 01:05:14.200
 Similarly, with the private school and public school, a lot of discussion with the DCRC,

01:05:14.200 --> 01:05:20.680
 we met with, I met personally with some of the DISD staff members, them providing me

01:05:20.680 --> 01:05:23.160
 with the information and what they need.

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

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

01:05:36.880 --> 01:05:38.920
 that in determining what our parking ratio is.

01:05:38.920 --> 01:05:44.760
 So real quickly, elementary or middle school, it's one space per 12 students.

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.

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

01:05:56.560 --> 01:05:58.480
 guest spaces determined by the school.

01:05:58.480 --> 01:06:02.700
 Again, we want to give the school the flexibility in determining what that number is.

01:06:02.700 --> 01:06:07.160
 Some schools have other programs that we're not familiar with, so that would accommodate

01:06:07.160 --> 01:06:13.300
 where those guest parking spaces will provide.

01:06:13.300 --> 01:06:18.760
 Moving on to section 794, this is a director determination.

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

01:06:29.480 --> 01:06:35.560
 to reducing the number of spaces for uses that are listed in the table.

01:06:35.560 --> 01:06:43.680
 So those tables that are preceding this section here require a minimum amount.

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

01:06:50.960 --> 01:06:56.840
 study under this section, and the director can determine if that amount is appropriate

01:06:56.840 --> 01:06:57.840
 or not.

01:06:57.840 --> 01:07:04.640
 And again, this is just to provide that section or that ability for the director.

01:07:04.640 --> 01:07:12.000
 Last item on the code amendment is to add multifamily dwelling under one of the parking

01:07:12.000 --> 01:07:14.320
 alternatives under infill.

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

01:07:21.480 --> 01:07:25.640
 development, and again, it's part of an infill redevelopment project, they can reduce their

01:07:25.640 --> 01:07:32.080
 parking spaces up to 10%, again, per this requirement or per this section.

01:07:32.080 --> 01:07:35.760
 Previously, it was not included.

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

01:07:39.960 --> 01:07:41.680
 terms of the parking code requirements.

01:07:41.680 --> 01:07:44.800
 I'll stand for any questions.

01:07:44.800 --> 01:07:46.760
 If I could just add to Ron's presentation.

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

01:07:51.080 --> 01:07:56.800
 really hard in evaluating the proposed parking ratio adjustments, and I know there's been

01:07:56.800 --> 01:08:01.920
 several e-comments that have come in this afternoon to the commission expressing concern

01:08:01.920 --> 01:08:05.920
 regarding some of the parking minimums that are being established and just parking requirements

01:08:05.920 --> 01:08:06.920
 in general.

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

01:08:12.040 --> 01:08:13.280
 as well, right?

01:08:13.280 --> 01:08:18.280
 But it's the challenge we always have is establishing an appropriate parking requirement for uses

01:08:18.280 --> 01:08:23.240
 throughout our community that are in different contexts, right?

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,

01:08:27.520 --> 01:08:29.600
 or if it's somewhere in between, right?

01:08:29.600 --> 01:08:34.880
 And trying to find a balance with what we establish as a parking requirement.

01:08:34.880 --> 01:08:40.320
 We believe what we've proposed in working with the DCRC is a reasonable parking requirement.

01:08:40.320 --> 01:08:46.400
 I know bars and restaurants were recently expressed of concern in some of the e-comments,

01:08:46.400 --> 01:08:48.440
 but we're trying to strike that balance.

01:08:48.440 --> 01:08:51.640
 In more urban settings, which is like our downtown area, and I know you asked about

01:08:51.640 --> 01:08:56.400
 roosters and fuzzies, and we have already provisions in place that make it favorable

01:08:56.400 --> 01:09:00.040
 for them to exempt them from having to have certain parking requirements.

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

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

01:09:10.400 --> 01:09:16.840
 to seek relief from parking if they feel that our parking requirement is completely off base.

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

01:09:22.160 --> 01:09:27.360
 take into consideration certain scenarios, given where a property is located.

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

01:09:33.040 --> 01:09:38.800
 we have more vehicles, more parking lots, more driveway cuts that interferes with people

01:09:38.800 --> 01:09:43.640
 on bicycles and pedestrians too, for that matter, but we feel like it's appropriate

01:09:43.640 --> 01:09:47.180
 to take into consideration the context, and that's why we've got other design standards

01:09:47.180 --> 01:09:49.080
 that come into play when evaluating that.

01:09:49.080 --> 01:09:51.080
 So I just offer you that.

01:09:51.080 --> 01:09:56.760
 I wish there was one magic solution to addressing parking.

01:09:56.760 --> 01:10:00.100
 I've had challenges with parking in other communities that I've worked in, but again,

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

01:10:04.440 --> 01:10:07.680
 with what's being proposed, it's a reasonable solution.

01:10:07.680 --> 01:10:11.600
 We also want, the other thing is we want businesses to be successful, right?

01:10:11.600 --> 01:10:14.520
 But we also don't want people parking in our fire lanes and blocking access.

01:10:14.520 --> 01:10:18.520
 We don't want vehicles spilling over into our streets, where we don't want vehicles

01:10:18.520 --> 01:10:23.280
 parking on the streets in certain areas, but also bottom line, we want the businesses to

01:10:23.280 --> 01:10:24.520
 be successful.

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

01:10:28.400 --> 01:10:33.040
 that meets the needs for our community, but also sensitive to having those relief valve

01:10:33.040 --> 01:10:34.440
 mechanisms built in there.

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

01:10:39.960 --> 01:10:40.960
 to share.

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,

01:10:47.520 --> 01:10:55.000
 multiple meetings and many, many hours of discussion to be able to bring this forward

01:10:55.000 --> 01:10:57.700
 for a recommendation to city council.

01:10:57.700 --> 01:11:05.200
 This was done individualized types of businesses with great research by staff, so throw that

01:11:05.200 --> 01:11:06.200
 out there.

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

01:11:10.720 --> 01:11:11.720
 together.

01:11:11.720 --> 01:11:17.040
 The focus of the mobility plan that we just updated is multimodal, and it does include

01:11:17.040 --> 01:11:24.920
 cars and walking and biking, and these proposed amendments, in my opinion and all the discussion

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

01:11:33.280 --> 01:11:38.440
 and making that multimodal model happen.

01:11:38.440 --> 01:11:45.560
 With that, any more thoughts, questions with Ron, and then we'll get supper before our

01:11:45.560 --> 01:11:46.560
 meeting.

01:11:46.560 --> 01:11:47.560
 Commissioner Pritz.

01:11:47.560 --> 01:11:48.560
 Five seconds.

01:11:48.560 --> 01:11:54.640
 I noticed that on the craft alcohol production slide, it said one per four designed occupancy.

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

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

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

01:12:08.000 --> 01:12:09.000
 referring to.

01:12:09.000 --> 01:12:13.400
 Yeah, no, just really quickly, I did see that, Commissioner Pritz, I think the intent was

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

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

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.

01:12:28.600 --> 01:12:32.720
 So it's one space per four.

01:12:32.720 --> 01:12:34.000
 Thank you.

01:12:34.000 --> 01:12:36.880
 Any other questions for Ron at this moment?

01:12:36.880 --> 01:12:37.880
 Okay.

01:12:37.880 --> 01:12:38.880
 Thank you, sir.

01:12:38.880 --> 01:12:39.880
 Thank you.

01:12:39.880 --> 01:12:40.880
 We'll see you in public meeting.

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

01:12:48.760 --> 01:12:58.560
 in council chambers for our regular meeting as close to 630 as possible.

01:12:58.560 --> 01:13:01.920
 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for

01:13:01.920 --> 01:13:06.120
 Wednesday, August 24th, 2022.

01:13:06.120 --> 01:13:12.080
 With a quorum present, I will call us to order at 636 p.m.

01:13:12.080 --> 01:13:13.080
 Thanks for your patience.

01:13:13.080 --> 01:13:15.760
 Sorry, we are a little bit tardy.

01:13:15.760 --> 01:13:21.960
 First order of business is the Pledge of Allegiance to the U.S. and Texas Flags.

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

01:13:28.160 --> 01:13:37.440
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

01:13:37.440 --> 01:13:50.360
 I pledge allegiance to the Texas flag, one state, under God, one and indivisible.

01:13:50.360 --> 01:13:52.520
 Thank you, everyone.

01:13:52.520 --> 01:13:59.580
 Next item on our agenda is consideration of our minutes from our August 10th meeting.

01:13:59.580 --> 01:14:01.580
 Any discussion?

01:14:01.580 --> 01:14:02.580
 Motion.

01:14:02.580 --> 01:14:05.160
 Commissioner Smith.

01:14:05.160 --> 01:14:06.160
 Commissioner Pruitt.

01:14:06.160 --> 01:14:09.080
 We've got a first and a second for approval of the minutes.

01:14:09.080 --> 01:14:10.080
 Any discussion?

01:14:10.080 --> 01:14:11.080
 Okay.

01:14:11.080 --> 01:14:29.600
 Let's vote on the board, please.

01:14:29.600 --> 01:14:38.080
 If our board's working, let's see, there's a little bit of a delay.

01:14:38.080 --> 01:14:42.160
 Oh, it did carry, okay, 7-0.

01:14:42.160 --> 01:14:43.160
 Very good.

01:14:43.160 --> 01:14:44.160
 That motion passes 7-0.

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.

01:14:48.040 --> 01:14:53.400
 Okay, consent agenda is our next order of business.

01:14:53.400 --> 01:14:54.840
 Commissioner Smith.

01:14:54.840 --> 01:14:55.840
 Commissioner Cole.

01:14:55.840 --> 01:14:56.840
 Hang on.

01:14:56.840 --> 01:14:57.840
 Commissioner Smith.

01:14:57.840 --> 01:14:58.840
 I make a motion to approve.

01:14:58.840 --> 01:14:59.840
 Commissioner Cole.

01:14:59.840 --> 01:15:00.840
 Second.

01:15:00.840 --> 01:15:02.840
 Got a first and a second for approval of consent agenda.

01:15:02.840 --> 01:15:03.840
 Discussion?

01:15:03.840 --> 01:15:04.840
 Okay.

01:15:04.840 --> 01:15:27.460
 I'm not seeing a way to vote.

01:15:27.460 --> 01:15:31.520
 Board is having a little bit of a technical difficulty.

01:15:31.520 --> 01:15:38.520
 That's okay.

01:15:38.520 --> 01:16:01.520
 Okay.

01:16:09.520 --> 01:16:11.680
 I can do a roll call vote on this item.

01:16:11.680 --> 01:16:12.680
 Let's do that.

01:16:12.680 --> 01:16:18.360
 We've got a first by Commissioner Smith and a second by Commissioner Cole.

01:16:18.360 --> 01:16:19.800
 Commissioner Smith, how say you?

01:16:19.800 --> 01:16:20.800
 Aye.

01:16:20.800 --> 01:16:21.800
 Commissioner Cole.

01:16:21.800 --> 01:16:22.800
 Aye.

01:16:22.800 --> 01:16:23.800
 Commissioner Villarreal.

01:16:23.800 --> 01:16:24.800
 Aye.

01:16:24.800 --> 01:16:25.800
 Commissioner Anderson.

01:16:25.800 --> 01:16:26.800
 Aye.

01:16:26.800 --> 01:16:27.800
 Commissioner McDade.

01:16:27.800 --> 01:16:28.800
 Aye.

01:16:28.800 --> 01:16:29.800
 Commissioner Pruitt.

01:16:29.800 --> 01:16:30.800
 Aye.

01:16:30.800 --> 01:16:32.680
 Chair, there's also an aye.

01:16:32.680 --> 01:16:35.680
 That motion carries 7-0.

01:16:35.680 --> 01:16:38.480
 That will move us to our items for individual consideration.

01:16:38.480 --> 01:16:41.620
 Our first being 4A, which has been withdrawn.

01:16:41.620 --> 01:16:46.240
 So we will not be taking action on that item this evening.

01:16:46.240 --> 01:16:48.960
 Our item 4B has also been withdrawn.

01:16:48.960 --> 01:16:49.960
 So the same.

01:16:49.960 --> 01:16:54.160
 We will not be hearing or taking action on that item.

01:16:54.160 --> 01:17:03.080
 4C would be our next item for consideration tonight, PP22-0020, and I will invite Angie

01:17:03.080 --> 01:17:04.080
 up for her presentation.

01:17:04.080 --> 01:17:05.080
 Hello.

01:17:05.080 --> 01:17:06.080
 Hi.

01:17:06.080 --> 01:17:11.640
 Good evening, Madam Chair and members of the Commission.

01:17:11.640 --> 01:17:19.120
 Hold up my presentation real quick.

01:17:19.120 --> 01:17:20.120
 Okay.

01:17:20.120 --> 01:17:21.120
 Good evening.

01:17:21.120 --> 01:17:25.440
 As mentioned, this is preliminary plat 22-0020B.

01:17:25.440 --> 01:17:30.080
 This is a preliminary plat for Summerwell-Denton Phase 2B.

01:17:30.080 --> 01:17:38.560
 The approximately 14-acre tract of land is situated just off of Mayhill Road.

01:17:38.560 --> 01:17:43.960
 It is a one-lot preliminary plat to establish the boundaries and associated easements for

01:17:43.960 --> 01:17:46.880
 a future multifamily development.

01:17:46.880 --> 01:17:51.640
 The plat has satisfied all of our criteria for approval, and staff is recommending approval

01:17:51.640 --> 01:17:53.520
 of this preliminary plat this evening.

01:17:53.520 --> 01:17:54.520
 Okay.

01:17:54.520 --> 01:17:55.520
 Thank you.

01:17:55.520 --> 01:17:58.640
 Any questions for Angie on this item?

01:17:58.640 --> 01:17:59.880
 Okay.

01:17:59.880 --> 01:18:00.880
 Commissioner Smith.

01:18:00.880 --> 01:18:01.880
 Make a motion to approve.

01:18:01.880 --> 01:18:02.880
 Okay.

01:18:02.880 --> 01:18:03.880
 Commissioner Cole?

01:18:03.880 --> 01:18:04.880
 Second.

01:18:04.880 --> 01:18:06.320
 We've got a first and a second for approval.

01:18:06.320 --> 01:18:09.440
 Any discussion?

01:18:09.440 --> 01:18:12.200
 Seeing none, are we doing roll call still?

01:18:12.200 --> 01:18:13.200
 Yes.

01:18:13.200 --> 01:18:14.200
 Still not.

01:18:14.200 --> 01:18:15.200
 Okay.

01:18:15.200 --> 01:18:16.200
 No worries.

01:18:16.200 --> 01:18:17.200
 Commissioner Smith?

01:18:17.200 --> 01:18:18.200
 Aye.

01:18:18.200 --> 01:18:19.200
 Commissioner Cole?

01:18:19.200 --> 01:18:20.200
 Aye.

01:18:20.200 --> 01:18:21.200
 Commissioner Villarreal?

01:18:21.200 --> 01:18:22.200
 Aye.

01:18:22.200 --> 01:18:23.200
 Commissioner Anderson?

01:18:23.200 --> 01:18:24.200
 Aye.

01:18:24.200 --> 01:18:25.200
 Commissioner McDade?

01:18:25.200 --> 01:18:26.200
 Aye.

01:18:26.200 --> 01:18:27.200
 Commissioner Pruitt?

01:18:27.200 --> 01:18:28.200
 Aye.

01:18:28.200 --> 01:18:29.200
 Chair is also an aye.

01:18:29.200 --> 01:18:30.200
 All in favor?

01:18:30.200 --> 01:18:31.200
 Aye.

01:18:31.200 --> 01:18:32.200
 All in favor?

01:18:32.200 --> 01:18:33.200
 Aye.

01:18:33.200 --> 01:18:34.200
 All in favor?

01:18:34.200 --> 01:18:35.200
 Aye.

01:18:35.200 --> 01:18:36.200
 All in favor?

01:18:36.200 --> 01:18:37.200
 Aye.

01:18:37.200 --> 01:18:38.200
 All in favor?

01:18:38.200 --> 01:18:39.200
 Aye.

01:18:39.200 --> 01:18:40.200
 All in favor?

01:18:40.200 --> 01:18:41.200
 Aye.

01:18:41.200 --> 01:18:42.200
 All in favor?

01:18:42.200 --> 01:18:43.200
 Aye.

01:18:43.200 --> 01:18:44.200
 All in favor?

01:18:44.200 --> 01:18:45.200
 Aye.

01:18:45.200 --> 01:18:46.200
 All in favor?

01:18:46.200 --> 01:18:47.200
 Aye.

01:18:47.200 --> 01:18:48.200
 All in favor?

01:18:48.200 --> 01:18:49.200
 Aye.

01:18:49.200 --> 01:18:50.200
 All in favor?

01:18:50.200 --> 01:18:51.200
 Aye.

01:18:51.200 --> 01:18:52.200
 All in favor?

01:18:52.200 --> 01:18:53.200
 Aye.

01:18:53.200 --> 01:18:54.200
 All in favor?

01:18:54.200 --> 01:18:55.200
 Aye.

01:18:55.200 --> 01:18:56.200
 All in favor?

01:18:56.200 --> 01:18:57.200
 Aye.

01:18:57.200 --> 01:18:58.200
 All in favor?

01:18:58.200 --> 01:18:59.200
 Aye.

01:18:59.200 --> 01:19:00.200
 All in favor?

01:19:00.200 --> 01:19:01.200
 Aye.

01:19:01.200 --> 01:19:02.200
 All in favor?

01:19:02.200 --> 01:19:03.200
 Aye.

01:19:03.200 --> 01:19:04.200
 All in favor?

01:19:04.200 --> 01:19:05.200
 Aye.

01:19:05.200 --> 01:19:06.200
 All in favor?

01:19:06.200 --> 01:19:07.200
 Aye.

01:19:07.200 --> 01:19:08.200
 All in favor?

01:19:08.200 --> 01:19:29.200
 Aye.

01:19:38.200 --> 01:20:00.720
.

01:20:00.720 --> 01:20:08.000
 Section 8.32E1D, which is in relation to the minimum required width of that flagpole

01:20:08.000 --> 01:20:13.700
 portion, the DDC requires that the minimum width of the flagpole portion of the lot be

01:20:13.700 --> 01:20:16.120
 24 feet wide.

01:20:16.120 --> 01:20:22.560
 The current property is accessed off of 1830 and has a variable width along this flagpole

01:20:22.560 --> 01:20:24.040
 portion of the lot.

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

01:20:31.240 --> 01:20:33.520
 flagpole portion of the lot.

01:20:33.520 --> 01:20:42.560
 And then the overall length of that portion extends about 905 feet, DDC 832E3 requires

01:20:42.560 --> 01:20:47.200
 that the flagpole portion of that lot not exceed 300 feet.

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.

01:20:53.600 --> 01:20:58.600
 Subdivision variances may be appropriate if there is a finding that unreasonable hardship

01:20:58.600 --> 01:21:03.200
 or difficulty could result from strict compliance of the code or that the development may be

01:21:03.200 --> 01:21:06.160
 better served by an alternate proposal.

01:21:06.160 --> 01:21:12.680
 When reviewing the request, Section 287D outlines criteria for approval.

01:21:12.680 --> 01:21:18.280
 Generally, the lot shall not be detrimental to public health, life, or safety.

01:21:18.280 --> 01:21:24.440
 The particular physical surroundings shall create a difficulty, not a mere inconvenience,

01:21:24.440 --> 01:21:29.120
 that the proposed variances do not vary our provisions of the comprehensive plan, the

01:21:29.120 --> 01:21:33.960
 development code or mobility plan, and that the peculiar conditions are not a result of

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.

01:21:39.160 --> 01:21:45.000
 Staff has reviewed the proposed variance request in accordance with these criteria and are

01:21:45.000 --> 01:21:47.000
 recommending approval of this request this evening.

01:21:47.000 --> 01:21:50.000
 I ask for any questions.

01:21:50.000 --> 01:21:51.840
 Thank you, Angie.

01:21:51.840 --> 01:21:53.160
 Any questions?

01:21:53.160 --> 01:21:54.160
 Okay.

01:21:54.160 --> 01:21:59.160
 Commissioner Smith.

01:21:59.160 --> 01:22:00.760
 Make a motion to approve.

01:22:00.760 --> 01:22:05.240
 Commissioner Anderson.

01:22:05.240 --> 01:22:08.600
 Okay.

01:22:08.600 --> 01:22:13.920
 We've got a first and a second for approval of this request.

01:22:13.920 --> 01:22:15.920
 Any discussion?

01:22:15.920 --> 01:22:18.200
 Okay.

01:22:18.200 --> 01:22:19.640
 Take a roll call vote.

01:22:19.640 --> 01:22:20.640
 Commissioner Smith.

01:22:20.640 --> 01:22:21.640
 Aye.

01:22:21.640 --> 01:22:22.640
 Commissioner Anderson.

01:22:22.640 --> 01:22:23.640
 Aye.

01:22:23.640 --> 01:22:24.640
 Commissioner Smith.

01:22:24.640 --> 01:22:25.640
 Aye.

01:22:25.640 --> 01:22:26.640
 Commissioner Smith.

01:22:26.640 --> 01:22:27.640
 Aye.

01:22:27.640 --> 01:22:28.640
 Commissioner Smith.

01:22:28.640 --> 01:22:29.640
 Aye.

01:22:29.640 --> 01:22:30.640
 Commissioner Smith.

01:22:30.640 --> 01:22:31.640
 Aye.

01:22:31.640 --> 01:22:32.640
 Commissioner Smith.

01:22:32.640 --> 01:22:33.640
 Aye.

01:22:33.640 --> 01:22:34.640
 Commissioner Smith.

01:22:34.640 --> 01:22:35.640
 Aye.

01:22:35.640 --> 01:22:36.640
 Commissioner Smith.

01:22:36.640 --> 01:22:37.640
 Aye.

01:22:37.640 --> 01:22:38.640
 Commissioner Smith.

01:22:38.640 --> 01:22:39.640
 Aye.

01:22:39.640 --> 01:22:40.640
 Commissioner Smith.

01:22:40.640 --> 01:22:41.640
 Aye.

01:22:41.640 --> 01:22:42.640
 Commissioner Smith.

01:22:42.640 --> 01:22:43.640
 Aye.

01:22:43.640 --> 01:22:44.640
 OMG.

01:22:44.640 --> 01:22:55.860
 Hello, thank you.

01:22:55.860 --> 01:22:57.320
 Angie Manglaris, senior planner.

01:22:57.320 --> 01:23:04.560
 This is an associated final plat request, FP 220005C for 4B Ranch.

01:23:04.560 --> 01:23:09.760
 The proposed request is for three single family residential lots to be plotted in our Division

01:23:09.760 --> 01:23:10.760
 1 ETJ.

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

01:23:16.840 --> 01:23:18.360
 Lane.

01:23:18.360 --> 01:23:23.440
 Staff is recommending approval of this request as the associated subdivision variance request

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

01:23:28.360 --> 01:23:29.360
 for approval.

01:23:29.360 --> 01:23:30.360
 Happy to answer any questions.

01:23:30.360 --> 01:23:31.360
 Thank you, Angie.

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

01:23:37.360 --> 01:23:38.360
 both of these.

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

01:23:43.600 --> 01:23:46.800
 able to understand and comprehend, so thank you very much for that.

01:23:46.800 --> 01:23:47.800
 Commissioner Villarreal.

01:23:47.800 --> 01:23:49.000
 I move approval.

01:23:49.000 --> 01:23:50.000
 Commissioner Anderson.

01:23:50.000 --> 01:23:51.000
 Second.

01:23:51.000 --> 01:23:57.280
 We've got a first and a second for approval.

01:23:57.280 --> 01:23:59.280
 Any discussion?

01:23:59.280 --> 01:24:00.280
 Okay.

01:24:00.280 --> 01:24:01.280
 Commissioner Villarreal.

01:24:01.280 --> 01:24:02.280
 Aye.

01:24:02.280 --> 01:24:03.280
 Commissioner Anderson.

01:24:03.280 --> 01:24:04.280
 Aye.

01:24:04.280 --> 01:24:05.280
 Commissioner Cole.

01:24:05.280 --> 01:24:06.280
 Aye.

01:24:06.280 --> 01:24:07.280
 Commissioner McDade.

01:24:07.280 --> 01:24:08.280
 Aye.

01:24:08.280 --> 01:24:09.280
 Commissioner Pruitt.

01:24:09.280 --> 01:24:10.280
 Aye.

01:24:10.280 --> 01:24:11.280
 Chair is also an aye.

01:24:11.280 --> 01:24:12.280
 That motion carries.

01:24:12.280 --> 01:24:17.320
 7-0 takes us to 4-F. FP22-0026.

01:24:17.320 --> 01:24:19.360
 I will invite Ashley up for presentation.

01:24:19.360 --> 01:24:20.360
 Hi, Ashley.

01:24:20.360 --> 01:24:21.360
 Good evening.

01:24:21.360 --> 01:24:26.240
 Ashley Hickok, Assistant Planner, City of Denton.

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

01:24:32.920 --> 01:24:34.260
 School Road.

01:24:34.260 --> 01:24:37.520
 At this time, staff recommends denial.

01:24:37.520 --> 01:24:41.120
 Staff has no objections to the requested extension until September 14th.

01:24:41.120 --> 01:24:45.400
 Happy to answer any questions.

01:24:45.400 --> 01:24:49.040
 Thanks, Angie.

01:24:49.040 --> 01:24:52.360
 I do not see any questions, but I do see a motion.

01:24:52.360 --> 01:24:53.360
 Commissioner Smith.

01:24:53.360 --> 01:24:54.360
 Thank you, Chair.

01:24:54.360 --> 01:24:58.280
 Make a motion to approve the extension of date certain to September 14th, 2022.

01:24:58.280 --> 01:24:59.280
 Commissioner Villarreal.

01:24:59.280 --> 01:25:00.280
 Second.

01:25:00.280 --> 01:25:01.280
 Okay.

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

01:25:06.400 --> 01:25:07.520
 14th.

01:25:07.520 --> 01:25:09.640
 Any discussion?

01:25:09.640 --> 01:25:11.040
 Okay.

01:25:11.040 --> 01:25:12.040
 Commissioner Smith.

01:25:12.040 --> 01:25:13.040
 Aye.

01:25:13.040 --> 01:25:14.040
 Commissioner Villarreal.

01:25:14.040 --> 01:25:15.040
 Aye.

01:25:15.040 --> 01:25:16.040
 Commissioner Cole.

01:25:16.040 --> 01:25:17.040
 Aye.

01:25:17.040 --> 01:25:18.040
 Commissioner Anderson.

01:25:18.040 --> 01:25:19.040
 Aye.

01:25:19.040 --> 01:25:20.040
 Commissioner McDade.

01:25:20.040 --> 01:25:21.040
 Aye.

01:25:21.040 --> 01:25:22.040
 Commissioner Pruitt.

01:25:22.040 --> 01:25:23.040
 Aye.

01:25:23.040 --> 01:25:24.040
 Chair is an aye.

01:25:24.040 --> 01:25:27.320
 That motion carries 7-0.

01:25:27.320 --> 01:25:32.960
 That will take us to 4-G. FP22-0027.

01:25:32.960 --> 01:25:36.840
 Hello, Julie.

01:25:36.840 --> 01:25:42.600
 Good evening, Julie Wyatt, Senior Planner with the City of Denton.

01:25:42.600 --> 01:25:46.360
 This is FP22-0027.

01:25:46.360 --> 01:25:49.100
 I did want to mention it was brought up in the work session.

01:25:49.100 --> 01:25:53.080
 There was an error in the caption that mentioned Sycamore.

01:25:53.080 --> 01:25:58.840
 This property is actually located north of Hartley Field Road, situated in the northeast

01:25:58.840 --> 01:25:59.840
 side of town.

01:25:59.840 --> 01:26:04.240
 So, not off of Sycamore, I do apologize for that.

01:26:04.240 --> 01:26:09.600
 But this is a final plat for within our ETJ.

01:26:09.600 --> 01:26:11.400
 They do have some corrections they need to make.

01:26:11.400 --> 01:26:13.120
 So staff is recommending denial.

01:26:13.120 --> 01:26:16.840
 However, we have no objection to the requested extension to September 14th.

01:26:16.840 --> 01:26:19.000
 I'll be happy to answer any questions.

01:26:19.000 --> 01:26:22.000
 Thank you, Julie.

01:26:22.000 --> 01:26:23.800
 Questions?

01:26:23.800 --> 01:26:24.800
 Commissioner Anderson.

01:26:24.800 --> 01:26:25.800
 Thank you, Chair.

01:26:25.800 --> 01:26:30.560
 Is this part of the old Agave Ranch?

01:26:30.560 --> 01:26:31.560
 No, sir.

01:26:31.560 --> 01:26:32.560
 No, sir.

01:26:32.560 --> 01:26:33.560
 This is a little, I'm sorry.

01:26:33.560 --> 01:26:34.560
 Carter Ranch.

01:26:34.560 --> 01:26:35.560
 Is that?

01:26:35.560 --> 01:26:36.560
 Agave Ranch.

01:26:36.560 --> 01:26:37.560
 Agave Ranch.

01:26:37.560 --> 01:26:38.560
 No, it's actually just south of that.

01:26:38.560 --> 01:26:39.560
 So that's a good question.

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.

01:26:44.720 --> 01:26:45.720
 Okay.

01:26:45.720 --> 01:26:46.720
 That's it.

01:26:46.720 --> 01:26:47.720
 Okay.

01:26:47.720 --> 01:26:48.720
 Thanks, Julie.

01:26:48.720 --> 01:26:49.720
 Thank you.

01:26:49.720 --> 01:26:50.720
 Commissioner Villarreal.

01:26:50.720 --> 01:27:01.320
 I move the approval of the extension to a date certain of September 14th, 2022.

01:27:01.320 --> 01:27:02.320
 Commissioner McDade.

01:27:02.320 --> 01:27:03.320
 Second.

01:27:03.320 --> 01:27:04.320
 Okay.

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

01:27:08.480 --> 01:27:09.920
 September 14th.

01:27:09.920 --> 01:27:13.000
 Any discussion?

01:27:13.000 --> 01:27:14.000
 Commissioner Villarreal.

01:27:14.000 --> 01:27:15.000
 Aye.

01:27:15.000 --> 01:27:16.000
 Commissioner McDade.

01:27:16.000 --> 01:27:17.000
 Aye.

01:27:17.000 --> 01:27:18.000
 Commissioner Pruitt.

01:27:18.000 --> 01:27:19.000
 Aye.

01:27:19.000 --> 01:27:20.000
 Commissioner Smith.

01:27:20.000 --> 01:27:21.000
 Aye.

01:27:21.000 --> 01:27:22.000
 Commissioner Anderson.

01:27:22.000 --> 01:27:23.000
 Aye.

01:27:23.000 --> 01:27:24.000
 Commissioner Cole.

01:27:24.000 --> 01:27:25.000
 Aye.

01:27:25.000 --> 01:27:26.540
 Chair is also an aye.

01:27:26.540 --> 01:27:29.840
 That motion carries 7-0.

01:27:29.840 --> 01:27:35.360
 That will take us to 4-H and that item has been withdrawn.

01:27:35.360 --> 01:27:40.080
 We will not be taking action on that this evening.

01:27:40.080 --> 01:27:43.360
 Taking us to 4-I, PP22-0021.

01:27:43.360 --> 01:27:46.520
 Hello again, Julie.

01:27:46.520 --> 01:27:48.800
 Good evening.

01:27:48.800 --> 01:27:55.740
 This request before you, PP22-0021, is for a preliminary plat located adjacent to Mayhill

01:27:55.740 --> 01:27:56.740
 north of McKinney.

01:27:56.740 --> 01:28:02.040
 It is for a potential future multifamily project.

01:28:02.040 --> 01:28:06.440
 They do have some items that they have to address prior to approval, so staff recommends

01:28:06.440 --> 01:28:07.440
 denial.

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

01:28:11.760 --> 01:28:12.760
 questions.

01:28:12.760 --> 01:28:13.760
 Thank you, ma'am.

01:28:13.760 --> 01:28:14.760
 Any questions for Julie?

01:28:14.760 --> 01:28:17.200
 I do not see any.

01:28:17.200 --> 01:28:18.200
 Thank you.

01:28:18.200 --> 01:28:19.200
 Commissioner Smith.

01:28:19.200 --> 01:28:25.760
 Make a motion to approve extension to date certain of September 14, 2022.

01:28:25.760 --> 01:28:26.760
 Commissioner Villarreal.

01:28:26.760 --> 01:28:27.760
 Second.

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

01:28:31.120 --> 01:28:32.640
 September 14.

01:28:32.640 --> 01:28:35.980
 Any discussion?

01:28:35.980 --> 01:28:36.980
 Commissioner Smith.

01:28:36.980 --> 01:28:37.980
 Aye.

01:28:37.980 --> 01:28:38.980
 Commissioner Villarreal.

01:28:38.980 --> 01:28:39.980
 Aye.

01:28:39.980 --> 01:28:40.980
 Commissioner Cole.

01:28:40.980 --> 01:28:41.980
 Aye.

01:28:41.980 --> 01:28:42.980
 Commissioner Anderson.

01:28:42.980 --> 01:28:43.980
 Aye.

01:28:43.980 --> 01:28:44.980
 Commissioner McDade.

01:28:44.980 --> 01:28:45.980
 Aye.

01:28:45.980 --> 01:28:46.980
 Commissioner Pruitt.

01:28:46.980 --> 01:28:47.980
 Aye.

01:28:47.980 --> 01:28:50.920
 The motion carries 7-0.

01:28:50.920 --> 01:28:55.120
 That will take us to 4-J, FP22-0020.

01:28:55.120 --> 01:28:56.840
 Hello, Ron.

01:28:56.840 --> 01:29:00.640
 Madam Chair, Mr. Commissioner, Ron McGill, principal planner of development services.

01:29:00.640 --> 01:29:03.560
 This is a final application request.

01:29:03.560 --> 01:29:08.040
 You are probably familiar with this since this was presented to you last, applying zoning

01:29:08.040 --> 01:29:09.040
 commission.

01:29:09.040 --> 01:29:14.640
 At that meeting, the commission recommended approval with a condition that the item or

01:29:14.640 --> 01:29:20.360
 that the alternative ESA plan associated with this project be approved by city council.

01:29:20.360 --> 01:29:25.800
 City council did approve this on April -- I'm sorry, August 16th, 7-0.

01:29:25.800 --> 01:29:30.920
 Staff is recommending approval, again, without any condition for this particular final plan.

01:29:30.920 --> 01:29:32.800
 I'll stand for any questions.

01:29:32.800 --> 01:29:33.960
 Thank you, Ron.

01:29:33.960 --> 01:29:35.280
 Any questions for Ron?

01:29:35.280 --> 01:29:38.280
 I do not see any.

01:29:38.280 --> 01:29:39.280
 Thank you.

01:29:39.280 --> 01:29:40.280
 Commissioner Smith.

01:29:40.280 --> 01:29:41.280
 Make a motion to approve.

01:29:41.280 --> 01:29:42.280
 Commissioner Anderson.

01:29:42.280 --> 01:29:43.280
 Second.

01:29:43.280 --> 01:29:50.520
 I've got a first and a second for approval of this plot without the condition.

01:29:50.520 --> 01:29:54.680
 Any discussion?

01:29:54.680 --> 01:29:55.680
 Commissioner Smith.

01:29:55.680 --> 01:29:56.680
 Aye.

01:29:56.680 --> 01:29:57.680
 Commissioner Anderson.

01:29:57.680 --> 01:29:58.680
 Aye.

01:29:58.680 --> 01:29:59.680
 Commissioner Cole.

01:29:59.680 --> 01:30:00.680
 Aye.

01:30:00.680 --> 01:30:01.680
 Commissioner Villarreal.

01:30:01.680 --> 01:30:02.680
 Aye.

01:30:02.680 --> 01:30:03.680
 Commissioner McDade.

01:30:03.680 --> 01:30:04.680
 Aye.

01:30:04.680 --> 01:30:05.680
 Commissioner Prudt.

01:30:05.680 --> 01:30:06.680
 Aye.

01:30:06.680 --> 01:30:07.680
 Chair is also an aye.

01:30:07.680 --> 01:30:10.480
 That motion carries 7-0.

01:30:10.480 --> 01:30:13.440
 That will take us to our public hearings this evening.

01:30:13.440 --> 01:30:15.160
 Pardon me.

01:30:15.160 --> 01:30:23.880
 Tina was just clarifying with me.

01:30:23.880 --> 01:30:25.720
 Our boards in front of us are not working.

01:30:25.720 --> 01:30:28.080
 That's why we're doing roll call vote.

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

01:30:34.000 --> 01:30:35.000
 there.

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.

01:30:42.440 --> 01:30:44.760
 All right.

01:30:44.760 --> 01:30:48.080
 Public hearing portion 5A, that item has been withdrawn.

01:30:48.080 --> 01:30:51.560
 We will not be taking action on that this evening.

01:30:51.560 --> 01:30:56.880
 That will take us to 5B, PD22-0001.

01:30:56.880 --> 01:31:05.680
 I will invite Julie Wyatt up for presentation and open the public hearing.

01:31:05.680 --> 01:31:06.680
 Good evening.

01:31:06.680 --> 01:31:08.960
 Julie Wyatt, senior planner.

01:31:08.960 --> 01:31:17.940
 And I am, excuse me, presenting PD22-0001, the reserves at Magnolia.

01:31:17.940 --> 01:31:21.400
 So the request before you is regarding about a three-acre site.

01:31:21.400 --> 01:31:28.640
 It's located south of I-35, west of Fort Worth Drive.

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

01:31:35.820 --> 01:31:37.520
 units.

01:31:37.520 --> 01:31:41.360
 The subject property is outlined in yellow on your screen.

01:31:41.360 --> 01:31:43.760
 It's got an irregular shape, as you can see.

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

01:31:47.720 --> 01:31:48.720
 to the west.

01:31:48.720 --> 01:31:51.680
 There are established neighborhoods within the city.

01:31:51.680 --> 01:31:56.560
 There's also a commercial area just to the east of the subject property.

01:31:56.560 --> 01:32:01.520
 And this area is going to be impacted by text dot expansions.

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

01:32:05.360 --> 01:32:08.200
 be expanding this road, and they're gonna be acquiring properties.

01:32:08.200 --> 01:32:12.360
 In fact, they already have acquired properties in some areas.

01:32:12.360 --> 01:32:16.280
 So you can see that area in black, that hatch mark.

01:32:16.280 --> 01:32:18.840
 That's about where text dot's gonna come in.

01:32:18.840 --> 01:32:24.000
 And then that commercial area, it was developed around the time that the highway was developed.

01:32:24.000 --> 01:32:27.840
 So before 1964, it's been there a long time.

01:32:27.840 --> 01:32:31.640
 And over the years, it's underperforming at this time.

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.

01:32:36.080 --> 01:32:41.200
 Particularly, it's gonna take down some of those buildings.

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

01:32:44.680 --> 01:32:47.600
 areas in an undeveloped tract.

01:32:47.600 --> 01:32:52.480
 Now, this is a PD, and so with any PD, you have the two parts.

01:32:52.480 --> 01:32:55.560
 You have your text part, and then you have your map part.

01:32:55.560 --> 01:32:57.440
 We are not gonna go over the text part tonight.

01:32:57.440 --> 01:32:59.360
 All of that is within your backup material.

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

01:33:03.120 --> 01:33:04.520
 to do.

01:33:04.520 --> 01:33:06.520
 So we're gonna start talking there.

01:33:06.520 --> 01:33:11.060
 So what they're proposing is a 45-foot tall building, approximately.

01:33:11.060 --> 01:33:15.440
 It's centrally located in the property, as you can see.

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

01:33:19.200 --> 01:33:22.080
 the property, and it has that bulb out in the center.

01:33:22.080 --> 01:33:28.800
 They have located that structure in the center of that side, along with their parking area.

01:33:28.800 --> 01:33:34.040
 This configuration that they have proposed provides setbacks to the adjacent residential

01:33:34.040 --> 01:33:38.000
 properties about 80 feet, both to the south and to the west.

01:33:38.000 --> 01:33:42.720
 So it provides that setback buffer for those existing properties.

01:33:42.720 --> 01:33:47.800
 As they've designed their site, they have that main entrance that faces to the south.

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

01:33:53.880 --> 01:33:57.680
 toward that neighborhood, so it's integrated into that neighborhood, kind of pulling it

01:33:57.680 --> 01:34:03.360
 away from the highway, giving it that larger buffer between the highway and those future

01:34:03.360 --> 01:34:04.360
 residences.

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,

01:34:11.120 --> 01:34:15.720
 and it's highlighted also in their elevations.

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

01:34:19.480 --> 01:34:22.400
 so I just want to spend a little time on that.

01:34:22.400 --> 01:34:27.640
 As currently proposed and designed, they are proposing one access point to Willowood, and

01:34:27.640 --> 01:34:29.760
 that's outlined here in yellow.

01:34:29.760 --> 01:34:37.360
 And this section is kind of pulled from this area right here.

01:34:37.360 --> 01:34:41.220
 So they're proposing one vehicular access point to Willowood.

01:34:41.220 --> 01:34:46.040
 There's also a pedestrian access point there, it connects to that future sidewalk and then

01:34:46.040 --> 01:34:49.500
 to the existing sidewalk network.

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

01:34:53.560 --> 01:34:55.040
 point.

01:34:55.040 --> 01:35:00.280
 And if you can...what the existing conditions are, Oakwood is actually an existing residential

01:35:00.280 --> 01:35:05.800
 street that turns toward the south but doesn't extend on to Willowood.

01:35:05.800 --> 01:35:11.240
 Well, once that adjacent undeveloped property develops, Oakwood will have to be extended.

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

01:35:14.880 --> 01:35:21.920
 connect to Oakwood and allow an alternative way to get in and out of the site.

01:35:21.920 --> 01:35:24.360
 The development plan also includes landscaping.

01:35:24.360 --> 01:35:27.120
 They have on-site amenities that they're proposing.

01:35:27.120 --> 01:35:31.320
 As I mentioned, they've oriented the building and the site toward the south to integrate

01:35:31.320 --> 01:35:35.760
 it to the neighborhood, and also allows tree preservation along I-35.

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

01:35:40.320 --> 01:35:44.440
 their site, they're gonna be able to preserve those in that location.

01:35:44.440 --> 01:35:48.600
 As part of that preservation, they're proposing a pervious trail so they can amenitize that

01:35:48.600 --> 01:35:52.360
 and allow it for recreation for residents.

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

01:35:56.560 --> 01:35:59.600
 park in the blue.

01:35:59.600 --> 01:36:05.280
 They've got enhanced landscaping, particularly on the southern side of the property next

01:36:05.280 --> 01:36:06.280
 to Willowood.

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

01:36:11.640 --> 01:36:12.800
 the development.

01:36:12.800 --> 01:36:17.280
 So they've enhanced that with shrubs, with tree plantings around it, and also landscape

01:36:17.280 --> 01:36:22.040
 boulders to add visual interest, to naturalize the setting.

01:36:22.040 --> 01:36:24.560
 They're proposing 27% open space.

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

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

01:36:33.720 --> 01:36:34.720
 area.

01:36:34.720 --> 01:36:39.640
 The approval criteria for PDs is in subchapter two of the Denton Development Code.

01:36:39.640 --> 01:36:40.960
 We're not gonna go through all of these.

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

01:36:45.520 --> 01:36:46.520
 for approval.

01:36:46.520 --> 01:36:48.720
 It's consistent with the comprehensive plan.

01:36:48.720 --> 01:36:51.800
 It provides that greater level of design quality.

01:36:51.800 --> 01:36:56.700
 It's compatible with the surrounding area, and there are public facilities to serve it.

01:36:56.700 --> 01:37:01.160
 So first, I wanna talk about the Denton 2040 comprehensive plan.

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

01:37:06.060 --> 01:37:10.880
 on your screen, and that's adjacent to that low residential, so that's protecting that

01:37:10.880 --> 01:37:17.620
 adjacent neighborhood, and then higher intensity future land use designations as you move closer

01:37:17.620 --> 01:37:20.720
 to downtown, as you move toward the northeast.

01:37:20.720 --> 01:37:25.600
 So the proposal complies with the future land use, because the neighborhood mixed use is

01:37:25.600 --> 01:37:30.440
 intended for a variety of housing types, and also that neighborhood serving retail and

01:37:30.440 --> 01:37:32.560
 service uses.

01:37:32.560 --> 01:37:34.920
 It also complies with our infill goals.

01:37:34.920 --> 01:37:38.960
 When this area developed, you've got that residential that developed, as well as the

01:37:38.960 --> 01:37:39.960
 commercial.

01:37:39.960 --> 01:37:45.840
 It left this gap in the neighborhood fabric, so this property never developed, and so by

01:37:45.840 --> 01:37:51.680
 developing it would close that gap, it would also provide additional housing, and there's

01:37:51.680 --> 01:37:54.040
 existing infrastructure there.

01:37:54.040 --> 01:37:57.120
 It meets our housing goals within the city of Denton.

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

01:38:03.920 --> 01:38:08.300
 shows where all of our affordable projects are within the city of Denton.

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

01:38:14.160 --> 01:38:19.040
 in this area, so it really would provide that additional choice and variety within an area

01:38:19.040 --> 01:38:21.160
 that doesn't have that.

01:38:21.160 --> 01:38:23.280
 And then finally, it meets our urban design goals.

01:38:23.280 --> 01:38:25.760
 That's something we always look at with projects.

01:38:25.760 --> 01:38:31.160
 It meets our connectivity, it's got those on-site pathways, as well as those trails

01:38:31.160 --> 01:38:37.240
 to the tree preservation area, and that connects to our existing sidewalks, it's got legibility,

01:38:37.240 --> 01:38:42.560
 it's that one building with the highlighted entrance, building scale and orientation where

01:38:42.560 --> 01:38:48.200
 they've centered the building on the site, provides those additional setbacks, it's also

01:38:48.200 --> 01:38:52.520
 allowing that tree preservation along the highway, and then it provides that landscaping

01:38:52.520 --> 01:38:53.520
 and open space.

01:38:53.520 --> 01:38:58.120
 Now, our conversation with the comprehensive plan didn't stop there, because as I mentioned

01:38:58.120 --> 01:39:03.000
 in the work session, we had a robust conversation internally and with the applicant regarding

01:39:03.000 --> 01:39:08.360
 the Denton 2040 comprehensive plan and just this general area, so I just wanted to talk

01:39:08.360 --> 01:39:09.920
 through this a little bit with you.

01:39:09.920 --> 01:39:15.080
 And I'm going to use this map on your screen to illustrate it.

01:39:15.080 --> 01:39:20.240
 So this area has a future land use designation, as I mentioned, of neighborhood mixed use,

01:39:20.240 --> 01:39:25.720
 and that's intended for the variety of housing as well as those services.

01:39:25.720 --> 01:39:29.440
 When staff looked at this area, we saw that there were some properties that were going

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,

01:39:36.520 --> 01:39:38.320
 they've been there a long time.

01:39:38.320 --> 01:39:43.160
 And when TextDOT comes in, it's going to leave some leftover properties that are going

01:39:43.160 --> 01:39:45.200
 to be difficult to develop.

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

01:39:49.040 --> 01:39:53.160
 property owners, see if you could bring them in, see if this area could be comprehensively

01:39:53.160 --> 01:39:56.760
 planned with sort of some master plan project?"

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

01:40:01.680 --> 01:40:04.600
 I'm sure they can talk to you about how they reached out.

01:40:04.600 --> 01:40:09.920
 Unfortunately, they weren't able to get in touch with those property owners to collaborate

01:40:09.920 --> 01:40:15.440
 either with a larger project or at least connectivity to those sites.

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

01:40:22.200 --> 01:40:29.320
 in the area in the future, that it would be able to work together seamlessly.

01:40:29.320 --> 01:40:30.440
 So we weighed all of this.

01:40:30.440 --> 01:40:37.800
 We weighed our desire for the area to develop comprehensively to really spur that development.

01:40:37.800 --> 01:40:42.200
 And then we also weighed it against the other elements in the comprehensive plan, particularly

01:40:42.200 --> 01:40:45.120
 those affordable housing goals.

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

01:40:51.160 --> 01:40:52.480
 redevelopment of this area.

01:40:52.480 --> 01:40:58.440
 So this could really spur that redevelopment or it could present a barrier to that redevelopment.

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

01:41:02.920 --> 01:41:05.840
 one, that it could spur that redevelopment.

01:41:05.840 --> 01:41:11.120
 And ultimately, the proposal furthered our other objectives of the comprehensive plan

01:41:11.120 --> 01:41:17.920
 and the design is compatible with the surrounding property.

01:41:17.920 --> 01:41:20.000
 We also looked at the public facilities.

01:41:20.000 --> 01:41:24.720
 It is Willowwood is a collector within the city of Denton.

01:41:24.720 --> 01:41:31.880
 The proposed use, it's 60 dwellings, so it's not a particularly large multifamily project.

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.

01:41:40.320 --> 01:41:43.860
 It's not going to negatively impact the roadway system.

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

01:41:49.720 --> 01:41:54.520
 school or a park through existing sidewalks.

01:41:54.520 --> 01:41:58.000
 And barrier-free ramps and some crosswalks.

01:41:58.000 --> 01:41:59.640
 We did send out notification.

01:41:59.640 --> 01:42:04.440
 We've received one letter in opposition and it is shown here in red.

01:42:04.440 --> 01:42:08.080
 And so based upon the criteria for approval, staff recommends approval of the request and

01:42:08.080 --> 01:42:11.360
 I'll be happy to answer any questions and the applicant is here with the presentation

01:42:11.360 --> 01:42:12.360
 as well.

01:42:12.360 --> 01:42:13.360
 Great.

01:42:13.360 --> 01:42:14.520
 Thank you, Julie.

01:42:14.520 --> 01:42:17.680
 Any questions at this time for Julie?

01:42:17.680 --> 01:42:19.680
 Okay.

01:42:19.680 --> 01:42:23.200
 Thank you, ma'am.

01:42:23.200 --> 01:42:27.840
 Not sure exactly who the applicant is and if I have a card for you.

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

01:42:33.920 --> 01:42:34.920
 presentation.

01:42:34.920 --> 01:42:35.920
 Great.

01:42:35.920 --> 01:42:36.920
 Thank you.

01:42:36.920 --> 01:42:37.920
 Thank you for your time this evening.

01:42:37.920 --> 01:42:38.920
 I'm excited to be here.

01:42:38.920 --> 01:42:39.920
 My name is Matt Gillum.

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

01:42:44.960 --> 01:42:48.640
 applicant for this community.

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.

01:42:55.280 --> 01:42:59.360
 We are a real estate development company that specializes in housing.

01:42:59.360 --> 01:43:04.960
 Housing from ultra-luxury to affordable, everything in between.

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

01:43:10.920 --> 01:43:12.480
 who's on our team also is from.

01:43:12.480 --> 01:43:17.400
 So we start off with that small town mentality of building relationships and developing based

01:43:17.400 --> 01:43:18.400
 on that.

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

01:43:22.360 --> 01:43:26.000
 which have won us national recognition as you'll see there.

01:43:26.000 --> 01:43:30.600
 Additionally, it's allowed us to develop in communities that you maybe don't think

01:43:30.600 --> 01:43:35.920
 of for affordable housing like Steamboat Springs, Colorado which similar financing we're using

01:43:35.920 --> 01:43:38.880
 tonight as you see up on those pictures.

01:43:38.880 --> 01:43:44.320
 And then many other places across Texas, Kansas, Colorado and the other states we deal in.

01:43:44.320 --> 01:43:47.960
 We're very deliberate on communities we develop in.

01:43:47.960 --> 01:43:50.200
 We're deliberate on the properties we develop.

01:43:50.200 --> 01:43:51.360
 So we take a little longer.

01:43:51.360 --> 01:43:54.880
 This one, for instance, you can see the Steamboat Springs Ski Resort in the background.

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

01:43:59.560 --> 01:44:00.560
 process.

01:44:00.560 --> 01:44:05.320
 First off, I want to thank Julie for the presentation.

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

01:44:10.480 --> 01:44:14.960
 to thank planning staff for working so diligently with our team.

01:44:14.960 --> 01:44:19.080
 This development is in a totally different place than where we started off because of

01:44:19.080 --> 01:44:23.240
 that collaboration between our group.

01:44:23.240 --> 01:44:27.200
 So I just want to thank them for that and working with us on it.

01:44:27.200 --> 01:44:32.100
 So specifically about this development, the Reserves of Magnolia, it is what we call a

01:44:32.100 --> 01:44:34.060
 neighborhood size development.

01:44:34.060 --> 01:44:37.280
 So this isn't a 250, 300 unit apartment complex.

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

01:44:42.120 --> 01:44:46.400
 because you can be individual with people, the interactions are individual, it is more

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

01:44:51.400 --> 01:44:52.580
 each other up.

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

01:44:57.280 --> 01:44:58.880
 impactful way.

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

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

01:45:09.640 --> 01:45:10.640
 neighborhood.

01:45:10.640 --> 01:45:15.760
 It is not a size that is overwhelming for that neighborhood.

01:45:15.760 --> 01:45:18.860
 We'll see if this plays.

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,

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

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

01:45:34.080 --> 01:45:38.320
 than the trees that do currently exist and there are certainly some ones that are quite

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

01:45:43.160 --> 01:45:46.800
 as many of the established trees as possible.

01:45:46.800 --> 01:45:50.600
 That natural buffer that exists against the highway is really important one for that neighborhood

01:45:50.600 --> 01:45:54.440
 and something that we did not want to disturb.

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.

01:46:01.480 --> 01:46:05.720
 As we're looking at the rendering, again, being very deliberate about the style and

01:46:05.720 --> 01:46:11.680
 design, choosing high quality fixtures, finishes, and that's something we do in everything we

01:46:11.680 --> 01:46:12.680
 develop.

01:46:12.680 --> 01:46:19.520
 Our architects here, who just happens to be my cousin, the architecture firm is my father,

01:46:19.520 --> 01:46:21.720
 my cousin and my brother.

01:46:21.720 --> 01:46:26.320
 My grandfather is the one who started the firm and so architecture is something that

01:46:26.320 --> 01:46:28.360
 has always been in my blood.

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

01:46:33.720 --> 01:46:38.320
 and we hope it shows through in those renderings.

01:46:38.320 --> 01:46:39.320
 Why did we pick this site?

01:46:39.320 --> 01:46:41.920
 I think it's important to understand that.

01:46:41.920 --> 01:46:45.260
 We picked this site because of the surrounding amenities.

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

01:46:50.000 --> 01:46:51.000
 island.

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

01:46:54.600 --> 01:46:57.040
 not walkability, connectability.

01:46:57.040 --> 01:46:58.040
 Where do I want to live?

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

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

01:47:07.320 --> 01:47:11.320
 develop is picking sites that are deliberate because of amenities.

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

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

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.

01:47:26.000 --> 01:47:29.880
 Obviously, you have the ones that jump out at you immediately, the elementary school

01:47:29.880 --> 01:47:35.120
 and the parks just to the south which are literally two blocks away.

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

01:47:40.740 --> 01:47:46.940
 making sense and hopefully shows a little bit of why we chose this.

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

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

01:47:59.500 --> 01:48:02.920
 you all know what could be developed there.

01:48:02.920 --> 01:48:09.080
 Again, when we're selecting sites, we are taking into consideration the directives you

01:48:09.080 --> 01:48:14.500
 all and your community has put together on how you want things developed, so infill,

01:48:14.500 --> 01:48:17.360
 making sure we're complying with comprehensive plan.

01:48:17.360 --> 01:48:23.000
 There's certainly places where we have to be creative and deviate from all the requirements

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

01:48:28.520 --> 01:48:32.560
 as possible because it isn't just to check the boxes.

01:48:32.560 --> 01:48:36.120
 Those things better our residents and our residents' lives, so they're an important

01:48:36.120 --> 01:48:38.280
 part of the development process to us.

01:48:38.280 --> 01:48:45.520
 Again, you also talk through these different spaces already, on-site management, supportive

01:48:45.520 --> 01:48:51.700
 services, community rooms, all of those things that you see typically in a market rate or

01:48:51.700 --> 01:48:53.120
 affordable development.

01:48:53.120 --> 01:48:57.560
 Again, we develop the spectrum and we don't treat our affordable developments any different

01:48:57.560 --> 01:49:00.360
 than we do our high-end luxury stuff.

01:49:00.360 --> 01:49:03.240
 Energy efficiency is an important part.

01:49:03.240 --> 01:49:08.760
 As affordable, it's important to have affordable utilities, to not be hit with this massive

01:49:08.760 --> 01:49:13.840
 water bill, sewer bill, electrical bill every month, but to make sure we're deliberate in

01:49:13.840 --> 01:49:17.440
 choosing things that are energy efficient, so that resonates through with our entire

01:49:17.440 --> 01:49:18.440
 design.

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

01:49:24.760 --> 01:49:29.000
 we don't just slap these layouts together, there are things that we deliberately look

01:49:29.000 --> 01:49:31.240
 at throughout the years.

01:49:31.240 --> 01:49:35.080
 While the exterior of our buildings are totally different, our units have been built over

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

01:49:41.160 --> 01:49:44.840
 of our units is what we really strive to hit.

01:49:44.840 --> 01:49:49.160
 You have 21 bedrooms, 28 two bedrooms, 12 three bedrooms.

01:49:49.160 --> 01:49:54.960
 From an affordable perspective, we're targeting six units at the 30 percent area meeting income,

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.

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

01:50:08.560 --> 01:50:11.080
 you're providing housing at the end of the day.

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

01:50:15.320 --> 01:50:20.520
 for everybody and that collaborative, "Oh, you live in an affordable complex."

01:50:20.520 --> 01:50:21.800
 That's not the way we see it.

01:50:21.800 --> 01:50:29.320
 Our communities are deliberate to target a wide group of people for that community aspect.

01:50:29.320 --> 01:50:32.240
 That wraps up really my intro.

01:50:32.240 --> 01:50:37.400
 Maggie, our architect's here to also answer any specific architectural questions.

01:50:37.400 --> 01:50:40.800
 While I come from a family of architects, I am not an architect.

01:50:40.800 --> 01:50:44.200
 I wasn't smart enough in school to do that.

01:50:44.200 --> 01:50:48.520
 Then, unfortunately, our civil engineer, Andrea, is not here.

01:50:48.520 --> 01:50:52.800
 She's on maternity leave doing more important things, even though we're trying to develop

01:50:52.800 --> 01:50:53.800
 portal housing.

01:50:53.800 --> 01:50:54.800
 That's a little more important.

01:50:54.800 --> 01:50:59.280
 Douglas is actually here to answer any specific civil related questions.

01:50:59.280 --> 01:51:04.800
 Unfortunately, our landscape architect and tree preservation specialist's daughter, she's

01:51:04.800 --> 01:51:08.400
 at the rodeo tonight here in town, so she's unable to be here with us.

01:51:08.400 --> 01:51:13.040
 I'm happy to answer any questions specifically related to the development ownership.

01:51:13.040 --> 01:51:14.160
 We are long-term owners.

01:51:14.160 --> 01:51:18.360
 We do not sell our properties, myself and my other business partner.

01:51:18.360 --> 01:51:20.540
 I can tell you that is not our business model.

01:51:20.540 --> 01:51:21.760
 We do not sell properties.

01:51:21.760 --> 01:51:23.240
 We don't turn and burn.

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

01:51:27.280 --> 01:51:29.560
 and your consideration.

01:51:29.560 --> 01:51:30.560
 - Thank you so much.

01:51:30.560 --> 01:51:32.160
 We do have a question for you on the floor.

01:51:32.160 --> 01:51:33.160
 Commissioner Smith.

01:51:33.160 --> 01:51:34.160
 - Thank you, Chair.

01:51:34.160 --> 01:51:38.040
 Matt, you just said there you don't sell off your properties.

01:51:38.040 --> 01:51:40.240
 Do you guys operate them after you build them?

01:51:40.240 --> 01:51:41.240
 - Yes.

01:51:41.240 --> 01:51:42.240
 - You own and operate them the same thing?

01:51:42.240 --> 01:51:43.240
 - Yes.

01:51:43.240 --> 01:51:46.040
 We have an internal asset management division that is constantly visiting the properties

01:51:46.040 --> 01:51:47.520
 along with all of us.

01:51:47.520 --> 01:51:49.760
 - And run leasing and all that stuff?

01:51:49.760 --> 01:51:50.760
 - We're hands-on, yes.

01:51:50.760 --> 01:51:51.760
 - Gotcha.

01:51:51.760 --> 01:51:52.760
 Okay.

01:51:52.760 --> 01:51:54.820
 - The only thing we do not do is construct them.

01:51:54.820 --> 01:51:56.720
 We hire third-party general contractors.

01:51:56.720 --> 01:51:59.140
 - Thank you.

01:51:59.140 --> 01:52:03.200
 - Any other questions at this time for the applicant?

01:52:03.200 --> 01:52:07.120
 I do have cards filled out from Maggie and Douglas.

01:52:07.120 --> 01:52:12.000
 Did you all want to come up and speak, or this was all collectively?

01:52:12.000 --> 01:52:13.000
 - Okay.

01:52:13.000 --> 01:52:14.000
 - Yeah.

01:52:14.000 --> 01:52:15.000
 It's all about not knowing, but if you have questions for them, yeah.

01:52:15.000 --> 01:52:16.000
 - That sounds good.

01:52:16.000 --> 01:52:17.000
 - Thank you.

01:52:17.000 --> 01:52:18.000
 - Okay.

01:52:18.000 --> 01:52:19.000
 Thank you very much.

01:52:19.000 --> 01:52:22.360
 I do have another card I'm wishing to speak, Jennifer Lane.

01:52:22.360 --> 01:52:23.840
 I'll invite you up to the podium.

01:52:23.840 --> 01:52:31.560
 If you'll give your name and address, your time will begin.

01:52:31.560 --> 01:52:34.960
 - My name is Jennifer Lane, and I live on Willowwood Street in Denton.

01:52:34.960 --> 01:52:44.280
 I feel a little bit unprepared for this because I understand that there was some outreach

01:52:44.280 --> 01:52:49.280
 to the neighborhood, but I didn't see any.

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

01:52:54.680 --> 01:53:01.120
 involved, particularly in perhaps a community meeting that might be advisable.

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

01:53:06.920 --> 01:53:11.760
 and Zoning Commission for a public hearing with the public not necessarily, at least

01:53:11.760 --> 01:53:16.360
 the public affected that lives in that area, aware.

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

01:53:24.720 --> 01:53:31.360
 into the discussion, mainly because I think although there's much to speak on behalf of

01:53:31.360 --> 01:53:36.800
 what the gentleman presented, that some of the things that Julie presented, I think that

01:53:36.800 --> 01:53:40.280
 the residents in the neighborhood might not entirely agree with.

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

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

01:53:50.840 --> 01:53:57.080
 I think others in the area might find some questions that they would want to ask.

01:53:57.080 --> 01:54:06.280
 Meanwhile, if it could be perhaps some time taken to allow the neighborhood, because it

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

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.

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

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

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?

01:54:31.480 --> 01:54:32.820
 We weren't there.

01:54:32.820 --> 01:54:34.560
 We didn't know."

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

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

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

01:54:50.120 --> 01:54:51.120
 of a backlash.

01:54:51.120 --> 01:54:52.120
 That's it.

01:54:52.120 --> 01:54:53.120
 Thank you, Jennifer.

01:54:53.120 --> 01:54:54.120
 Any questions?

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.

01:55:06.440 --> 01:55:10.240
 I think you have in our backup where there was a neighborhood meeting.

01:55:10.240 --> 01:55:11.240
 Yes.

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

01:55:15.840 --> 01:55:22.260
 did hold a neighborhood meeting and notification was sent out.

01:55:22.260 --> 01:55:24.320
 Do you have your presentation there still?

01:55:24.320 --> 01:55:28.920
 Because I think you have a notification slide.

01:55:28.920 --> 01:55:31.920
 Absolutely.

01:55:31.920 --> 01:55:39.420
 Let me ... There we go.

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

01:55:44.920 --> 01:55:48.720
 a postcard, is the blue boundary.

01:55:48.720 --> 01:55:50.880
 Subject property is in yellow.

01:55:50.880 --> 01:55:51.880
 Right.

01:55:51.880 --> 01:55:52.880
 Okay.

01:55:52.880 --> 01:55:53.880
 So 42 mail.

01:55:53.880 --> 01:55:54.880
 Okay.

01:55:54.880 --> 01:55:55.880
 Thanks, Julie.

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.

01:56:00.880 --> 01:56:01.880
 Yeah.

01:56:01.880 --> 01:56:02.880
 Thank you.

01:56:02.880 --> 01:56:07.080
 Thank you for the opportunity to clarify that.

01:56:07.080 --> 01:56:10.520
 I would certainly welcome the involvement and really, really do want that.

01:56:10.520 --> 01:56:11.800
 I want to make that clear.

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

01:56:14.960 --> 01:56:18.660
 the opportunity to talk, and especially with the neighborhood, because we do plan to be

01:56:18.660 --> 01:56:22.800
 a community member, and so this isn't in tonight or tomorrow.

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

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

01:56:34.660 --> 01:56:37.160
 quick recap.

01:56:37.160 --> 01:56:40.360
 So we kind of started this process late last year.

01:56:40.360 --> 01:56:52.080
 So December 29th, we reached out to John Weber, who obviously with Deniab Area Community Group

01:56:52.080 --> 01:56:59.800
 also sent certified letter notification to the Tremont Circle HOA on the same date.

01:56:59.800 --> 01:57:04.600
 Spoke with our council member, Jesse Davis, who also suggested we reach out to those folks

01:57:04.600 --> 01:57:08.220
 so we again tried to reach back out immediately after that.

01:57:08.220 --> 01:57:15.120
 Did have a resident support city county or city meeting on February 1st, where we received

01:57:15.120 --> 01:57:20.120
 resolution support from city council on a development like this.

01:57:20.120 --> 01:57:26.140
 And then on April 15th, we sent certified letters advertising our first neighborhood

01:57:26.140 --> 01:57:33.040
 meeting to the surrounding residents per the address list that we received from Julie.

01:57:33.040 --> 01:57:36.160
 So there was 163 of those sent out in total.

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,

01:57:41.680 --> 01:57:44.240
 which we did not have anybody show up to.

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

01:57:48.960 --> 01:57:49.960
 there.

01:57:49.960 --> 01:57:54.880
 We did go ahead and have a secondary neighborhood meeting, so sent that certified mailing out

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

01:58:03.080 --> 01:58:04.080
 with her.

01:58:04.080 --> 01:58:08.660
 And then obviously the notification that went out for the rezoning.

01:58:08.660 --> 01:58:14.560
 One thing that ... Unfortunately, we are under a time crunch here because we just received

01:58:14.560 --> 01:58:20.480
 this funding from Texas Department of Housing and Community Affairs in late July.

01:58:20.480 --> 01:58:25.380
 So we received that funding and unfortunately the turnaround on that is very quick.

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

01:58:30.480 --> 01:58:32.960
 or else we lose this funding.

01:58:32.960 --> 01:58:37.780
 And it's not a, "Oh, try again next year," although you can try.

01:58:37.780 --> 01:58:40.400
 This funding actually would go to a development in Dallas.

01:58:40.400 --> 01:58:44.520
 So the funding, it's federal funding, it would leave the community.

01:58:44.520 --> 01:58:47.280
 So that's the time crunch we're under.

01:58:47.280 --> 01:58:53.240
 So really that September 20th is the last council meeting that gets us to that goal.

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

01:58:57.600 --> 01:58:58.600
 you afterwards.

01:58:58.600 --> 01:58:59.600
 Okay.

01:58:59.600 --> 01:59:03.300
 Thank you for that explanation.

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.

01:59:08.440 --> 01:59:14.720
 Do you have any plans to host anything further between now and then?

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.

01:59:18.560 --> 01:59:23.360
 Do you have plans or can you make plans to possibly?

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

01:59:28.120 --> 01:59:31.000
 neighbor meetings, but we are more than happy to do that.

01:59:31.000 --> 01:59:32.000
 We would welcome that.

01:59:32.000 --> 01:59:33.000
 So absolutely.

01:59:33.000 --> 01:59:34.000
 Okay.

01:59:34.000 --> 01:59:35.000
 Thank you.

01:59:35.000 --> 01:59:38.980
 I appreciate your candid answers.

01:59:38.980 --> 01:59:42.280
 Any other questions for the applicant?

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

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.

01:59:53.040 --> 01:59:55.280
 Is there anyone else wishing to speak?

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

02:00:03.120 --> 02:00:04.120
 your question.

02:00:04.120 --> 02:00:05.120
 Yes.

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

02:00:10.480 --> 02:00:11.480
 to the neighbors.

02:00:11.480 --> 02:00:16.600
 It's not on that ... In other circumstances, there is usually a newsletter that comes out

02:00:16.600 --> 02:00:17.600
 once a month.

02:00:17.600 --> 02:00:18.600
 There was nothing.

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.

02:00:22.160 --> 02:00:27.240
 Also, there's a great question right now as to who the city council representative is

02:00:27.240 --> 02:00:30.080
 for that neighborhood because that's in flux.

02:00:30.080 --> 02:00:34.400
 One would have expected Allison McGuire to have been communicating with the neighborhood,

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

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

02:00:47.280 --> 02:00:50.760
 think that now was the time to be in close touch.

02:00:50.760 --> 02:00:55.200
 My feeling is that there probably will be some freaking out by the neighborhood if there

02:00:55.200 --> 02:00:59.600
 isn't first more outreach to really find out what people feel.

02:00:59.600 --> 02:01:05.280
 I think the applicant was very candid with you that he will definitely get with you,

02:01:05.280 --> 02:01:08.000
 which would be great.

02:01:08.000 --> 02:01:10.580
 As you know, we're the recommending body to city council.

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

02:01:16.620 --> 02:01:19.840
 and public speaking available when they hear it as well.

02:01:19.840 --> 02:01:20.840
 Thank you.

02:01:20.840 --> 02:01:21.840
 Thank you.

02:01:21.840 --> 02:01:22.840
 I'm glad I have it in today.

02:01:22.840 --> 02:01:23.840
 Appreciate it.

02:01:23.840 --> 02:01:30.280
 Is there anyone else wishing to speak on this item?

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

02:01:37.160 --> 02:01:38.400
 a motion.

02:01:38.400 --> 02:01:39.400
 Commissioner Smith.

02:01:39.400 --> 02:01:40.400
 Thank you, Chair.

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.

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

02:01:49.640 --> 02:01:51.800
 so you get a heads up on that.

02:01:51.800 --> 02:01:54.120
 Don't do it at council, it'll get on you.

02:01:54.120 --> 02:01:58.120
 But talk to some of the folks over there, Deena, and there's certainly some hesitation,

02:01:58.120 --> 02:02:01.800
 but I think that doing another reach out, as Chair mentioned, would be good.

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

02:02:06.280 --> 02:02:07.280
 due diligence where you could.

02:02:07.280 --> 02:02:10.200
 So with that, I make a motion to approve.

02:02:10.200 --> 02:02:11.200
 Commissioner Cole.

02:02:11.200 --> 02:02:12.200
 Second.

02:02:12.200 --> 02:02:17.580
 Okay, we've got a first and a second for approval.

02:02:17.580 --> 02:02:18.580
 Any discussion?

02:02:18.580 --> 02:02:19.580
 Okay.

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.

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.

02:02:30.320 --> 02:02:34.440
 I would encourage you to reach out again if you can.

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

02:02:39.880 --> 02:02:43.600
 in posting notifications and whatnot.

02:02:43.600 --> 02:02:46.560
 So yes, thank you very much.

02:02:46.560 --> 02:02:50.320
 With that, there's no further discussion.

02:02:50.320 --> 02:02:52.560
 We'll go ahead and take a vote.

02:02:52.560 --> 02:02:54.600
 Commissioner Smith.

02:02:54.600 --> 02:02:57.600
 Aye.

02:02:57.600 --> 02:02:58.600
 Commissioner Cole.

02:02:58.600 --> 02:03:00.320
 Aye.

02:03:00.320 --> 02:03:01.320
 Commissioner Villarreal.

02:03:01.320 --> 02:03:02.600
 Aye.

02:03:02.600 --> 02:03:03.600
 Commissioner Anderson.

02:03:03.600 --> 02:03:04.760
 Aye.

02:03:04.760 --> 02:03:05.760
 Commissioner McDade.

02:03:05.760 --> 02:03:06.760
 Aye.

02:03:06.760 --> 02:03:07.760
 Commissioner Pruitt.

02:03:07.760 --> 02:03:08.760
 Aye.

02:03:08.760 --> 02:03:10.280
 Chair is also an aye.

02:03:10.280 --> 02:03:14.240
 That motion carries 7-0.

02:03:14.240 --> 02:03:22.640
 That will move us to 5C, S21-0005.

02:03:22.640 --> 02:03:24.800
 I will call Sean Jacobson.

02:03:24.800 --> 02:03:26.480
 You are here for presentation.

02:03:26.480 --> 02:03:29.200
 I will open the public hearing.

02:03:29.200 --> 02:03:30.200
 Thank you, Chair and members of the Commission.

02:03:30.200 --> 02:03:34.400
 I'm just opening my presentation here.

02:03:34.400 --> 02:03:36.360
 All right.

02:03:36.360 --> 02:03:40.400
 Good evening, Chair and members of the Planning and Zoning Commission.

02:03:40.400 --> 02:03:47.040
 Sean Jacobson, Associate Planner, here to present S21-0005, the Teasley Lane Multifamily

02:03:47.040 --> 02:03:48.040
 Development.

02:03:48.040 --> 02:03:54.120
 This is a request for a specific use permit for a 95-dwelling unit multifamily building.

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

02:03:58.720 --> 02:04:00.780
 Creek Road and Teasley Lane.

02:04:00.780 --> 02:04:06.040
 This is within the Suburban Corridor Zoning District, which does permit multifamily development

02:04:06.040 --> 02:04:10.480
 but does require a specific use permit for that use.

02:04:10.480 --> 02:04:15.320
 So your task tonight is to assess that against our approval criteria for specific use permits.

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

02:04:20.960 --> 02:04:25.280
 in response to your question earlier, Chair, based on the way that we measure buildings

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

02:04:29.240 --> 02:04:34.160
 low point in the slope, the building measures 53 feet, 3 and 5/8 inches.

02:04:34.160 --> 02:04:35.160
 Thank you, sir.

02:04:35.160 --> 02:04:41.400
 This site does provide two open spaces with walking trails and benches, one of which connects

02:04:41.400 --> 02:04:44.520
 to a patio area with tables and a grill.

02:04:44.520 --> 02:04:49.160
 Overall, over 14,000 square feet of recreational open space is provided.

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

02:04:54.920 --> 02:05:02.000
 is proposed in those areas except for approved addition of trees and a walking trail.

02:05:02.000 --> 02:05:07.900
 There is also an existing fence on the north line that is planned to be preserved.

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

02:05:12.840 --> 02:05:13.840
 in place.

02:05:13.840 --> 02:05:18.240
 There are 171 parking spaces provided, 75 of which will be in an underground parking

02:05:18.240 --> 02:05:22.400
 garage in order to limit the paving required for this site.

02:05:22.400 --> 02:05:28.000
 And the building is designed to meet our building standards, including with recesses, projections,

02:05:28.000 --> 02:05:32.640
 balconies, and other architectural elements to break up the façade and highlight the

02:05:32.640 --> 02:05:33.640
 entrances.

02:05:33.640 --> 02:05:37.880
 I want to particularly discuss access and mobility.

02:05:37.880 --> 02:05:43.080
 This site is designed with three points of vehicle access to TZ Lane through easements

02:05:43.080 --> 02:05:45.280
 through the adjoining commercial properties.

02:05:45.280 --> 02:05:52.640
 It does also provide primary pedestrian access to TZ Lane through the adjacent lots in an

02:05:52.640 --> 02:05:53.640
 access easement.

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

02:05:56.920 --> 02:06:02.160
 as an overall multi-phase development with the intent that easements would be used to

02:06:02.160 --> 02:06:04.760
 provide access for that rear lot.

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

02:06:09.240 --> 02:06:14.000
 easements that were actually put in place many years prior at the time of the development

02:06:14.000 --> 02:06:16.840
 of the sprouts to the south.

02:06:16.840 --> 02:06:20.000
 Just want to note here that the site and the access are designed to enable pedestrians

02:06:20.000 --> 02:06:25.120
 and vehicles to reach the surrounding commercial without needing to pull it onto TZ Lane.

02:06:25.120 --> 02:06:31.160
 So residents here will be within walking distance of pharmacy, medical clinic, grocery store,

02:06:31.160 --> 02:06:35.760
 restaurants, and other uses as well as within driving distance, which really does line up

02:06:35.760 --> 02:06:41.820
 with our comprehensive plan goals of encouraging mobility, walkability, and reducing use of

02:06:41.820 --> 02:06:45.160
 our streets where possible.

02:06:45.160 --> 02:06:49.960
 And to specifically address Commissioner Smith's question from earlier, we did identify two

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

02:06:57.440 --> 02:07:04.920
 this multifamily is through adjoining commercial lots on two sides, as well as on Fort Worth

02:07:04.920 --> 02:07:10.040
 Drive where the access for the multifamily there is through the commercial that is situated

02:07:10.040 --> 02:07:13.120
 along Fort Worth Drive.

02:07:13.120 --> 02:07:15.760
 So two examples that we could find within the time gap.

02:07:15.760 --> 02:07:22.920
 On our landscape plan here, the site shows that they are proposing landscape and tree

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.

02:07:29.080 --> 02:07:32.800
 You can see the buffers around the edges highlighted in green.

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,

02:07:37.960 --> 02:07:43.320
 there is also a six-foot fence proposed and additional ornamental trees above and beyond

02:07:43.320 --> 02:07:45.700
 what our buffers require.

02:07:45.700 --> 02:07:49.380
 As we noted, there are drainage and detention easements and floodplain on the northeast

02:07:49.380 --> 02:07:54.580
 and northwest corners, which limit the amount of buffering that can be provided there.

02:07:54.580 --> 02:07:58.880
 Our code actually does not require buffering within easements, but the applicant has proposed

02:07:58.880 --> 02:08:04.660
 trees to the extent possible in those areas to provide buffering, as well as bushes and

02:08:04.660 --> 02:08:10.160
 trees just outside the floodplain on that southeast corner, which is at a higher elevation

02:08:10.160 --> 02:08:12.520
 to provide buffering where possible.

02:08:12.520 --> 02:08:18.200
 And the applicant is preserving trees above and beyond our required minimum.

02:08:18.200 --> 02:08:21.720
 So as you know, it's important that we always consider our comprehensive plan and whether

02:08:21.720 --> 02:08:24.680
 a proposal aligns with that.

02:08:24.680 --> 02:08:29.560
 According to our future land use map, this is a community mixed-use primary land use

02:08:29.560 --> 02:08:35.120
 designation that's designed primarily for commercial uses with complementary residential

02:08:35.120 --> 02:08:39.940
 and other uses, and this proposed development would help to provide that complementary residential

02:08:39.940 --> 02:08:45.560
 use within the overall community mixed-use area to support the adjacent commercial uses.

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

02:08:52.280 --> 02:08:57.160
 to further our goal of encouraging compact growth along that major corridor and aligns

02:08:57.160 --> 02:09:02.440
 with many of our urban design principles for buildings that are situated along those corridors.

02:09:02.440 --> 02:09:07.160
 It does also help to further our mobility goals by providing that safe, efficient movement

02:09:07.160 --> 02:09:12.480
 of vehicles, pedestrians by putting residents within walking distance of places that they

02:09:12.480 --> 02:09:16.880
 might otherwise have to drive to shopping, employment, so it's consistent with our compact

02:09:16.880 --> 02:09:22.240
 growth framework and with our preferred growth concept shift towards more mixed-use development,

02:09:22.240 --> 02:09:27.140
 putting compatible residential, commercial, institutional together in ways that increases

02:09:27.140 --> 02:09:30.480
 pedestrian activity and reduces those car trips.

02:09:30.480 --> 02:09:34.620
 So overall, the proposed development does align with both our future land use map and

02:09:34.620 --> 02:09:38.320
 some of our additional comprehensive plan goals.

02:09:38.320 --> 02:09:40.760
 It's also important to look at compatibility with the surrounding area.

02:09:40.760 --> 02:09:45.520
 We've discussed some of the buffering that's provided adjacent to the surrounding residential,

02:09:45.520 --> 02:09:50.360
 but it's also important to consider compatibility with kind of the surrounding development as

02:09:50.360 --> 02:09:51.680
 a whole.

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.

02:09:56.780 --> 02:10:01.320
 This is situated within an SC-zoned area that begins at the intersection of Teasley Land

02:10:01.320 --> 02:10:04.640
 and Hickory Creek and extends north to this site.

02:10:04.640 --> 02:10:10.960
 Within this area, bounded by two primary arterials, commercial uses have developed or are currently

02:10:10.960 --> 02:10:11.960
 developing.

02:10:11.960 --> 02:10:16.040
 The proposed multifamily would bring a supportive residential use to complete this as a true

02:10:16.040 --> 02:10:17.720
 mixed-use area.

02:10:17.720 --> 02:10:22.480
 So overall, the proposed use is compatible with the established pattern of development

02:10:22.480 --> 02:10:25.900
 within this mixed-use area.

02:10:25.900 --> 02:10:30.000
 We do also need to look at adequate public facilities, so a traffic impact analysis was

02:10:30.000 --> 02:10:35.840
 performed actually on the combined three sites, so the two commercial sites in front and the

02:10:35.840 --> 02:10:36.840
 multifamily.

02:10:36.840 --> 02:10:40.920
 And that did determine that there would be no significant traffic impact on surrounding

02:10:40.920 --> 02:10:42.920
 intersections from this proposed development.

02:10:42.920 --> 02:10:47.200
 And so keep in mind that cross-connectivity actually helps to reduce that traffic impact

02:10:47.200 --> 02:10:52.500
 on surrounding intersection by providing other ways to reach sites within that.

02:10:52.500 --> 02:10:56.480
 There are five-foot wide pedestrian connections to the public sidewalk.

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.

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,

02:11:06.280 --> 02:11:11.000
 some concerns raised about this site potentially generating additional trespassing calls.

02:11:11.000 --> 02:11:15.800
 And so I did reach out to our police research division and our community resource folks.

02:11:15.800 --> 02:11:21.360
 They did not have data to indicate a direct correlation between the addition of multifamily

02:11:21.360 --> 02:11:24.560
 and an increase in trespassing calls in the surrounding neighborhood.

02:11:24.560 --> 02:11:29.520
 And overall, given the information available, the police department did not have concerns

02:11:29.520 --> 02:11:31.800
 about this development.

02:11:31.800 --> 02:11:37.560
 We did do standard public outreach and received responses in opposition in favor.

02:11:37.560 --> 02:11:41.960
 So with that, overall staff does recommend approval with the conditions provided in your

02:11:41.960 --> 02:11:44.920
 AIS, which are shown here.

02:11:44.920 --> 02:11:50.940
 Essentially, they incorporate the site plan and landscape plan into the ordinance, lay

02:11:50.940 --> 02:11:55.720
 out those architectural features that need to be a part of the building design, and provide

02:11:55.720 --> 02:12:01.360
 some limited flexibility for administrative approvals of minor modifications to the plan.

02:12:01.360 --> 02:12:02.560
 So with that, that is my presentation.

02:12:02.560 --> 02:12:04.760
 I'll be happy to stand for any questions.

02:12:04.760 --> 02:12:05.760
 Thank you, Sean.

02:12:05.760 --> 02:12:06.760
 It looks like we do.

02:12:06.760 --> 02:12:07.760
 Commissioner Smith.

02:12:07.760 --> 02:12:10.760
 Thank you, Chair.

02:12:10.760 --> 02:12:16.800
 Sean, thanks for pulling up those examples.

02:12:16.800 --> 02:12:23.400
 I actually don't agree with those examples in the response that the Avocca coffee roasters

02:12:23.400 --> 02:12:29.400
 and that the other businesses right there at that 377 development, the entry and access

02:12:29.400 --> 02:12:32.720
 to that multifamily runs along the side of that.

02:12:32.720 --> 02:12:36.280
 The other one you referenced was the multifamily that's over next to Cinemark that connects

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

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

02:12:47.960 --> 02:12:52.280
 than folks going through the Buckees area for the gas pumps, they're not going through

02:12:52.280 --> 02:12:55.400
 where pedestrian crosses, so I still think it's a little bit different.

02:12:55.400 --> 02:12:59.520
 A good one to bring up, and this brings up a constructive point and a question.

02:12:59.520 --> 02:13:05.360
 One that I thought of in between WorkSession and now was actually the development where

02:13:05.360 --> 02:13:12.240
 Best Buy and HomeGoods and all that stuff is over there between Spencer and 288.

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,

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.

02:13:21.280 --> 02:13:24.840
 There are speed bumps in that parking lot that does slow and create some traffic mitigation

02:13:24.840 --> 02:13:27.720
 to give pedestrians some safety.

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

02:13:32.560 --> 02:13:36.680
 this piece, if there is connectivity between there going to Hickory Creek, which I agree

02:13:36.680 --> 02:13:40.680
 I think dumping everything else on Teasley, and that has another question, isn't maybe

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

02:13:47.000 --> 02:13:51.120
 bumps or some other speed mitigation through that commercial parking lot area if it's not

02:13:51.120 --> 02:13:52.120
 owned by the applicant?

02:13:52.120 --> 02:13:55.760
 Any insight you can give me there?

02:13:55.760 --> 02:14:01.840
 My understanding is that our fire department actually tends to discourage the use of speed

02:14:01.840 --> 02:14:02.840
 bumps.

02:14:02.840 --> 02:14:09.160
 They have some significant concerns about the delays that that can cause in fire response.

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

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

02:14:21.660 --> 02:14:26.560
 rather than a desire to increase the presence of those.

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

02:14:31.080 --> 02:14:35.200
 mitigation tools like that, like emergency access gates or using speed bumps.

02:14:35.200 --> 02:14:42.200
 I get the impediment that speed bumps creates emergency services when it's an isolated location

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

02:14:46.160 --> 02:14:47.880
 to get an ambulance there.

02:14:47.880 --> 02:14:53.360
 You got nothing other than speed bumps to get to it, but in this property specifically,

02:14:53.360 --> 02:14:58.480
 with the Hickory Creek access through Sprouts, there would be four points of ingress and egress,

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

02:15:03.320 --> 02:15:05.480
 for emergency services.

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

02:15:10.520 --> 02:15:15.880
 access to maybe Sprouts in the commercial areas there, but it still creates a safety

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.

02:15:21.760 --> 02:15:27.640
 What is the latest on the ... Teasley is about halfway through done being completed on its

02:15:27.640 --> 02:15:28.640
 expansion.

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

02:15:32.400 --> 02:15:39.480
 longer that widening is being still worked on, I know it's about halfway through now.

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

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

02:15:49.240 --> 02:15:50.240
 even for the folks directly involved.

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.

02:15:56.160 --> 02:15:58.560
 Any other questions for Shawn at this time?

02:15:58.560 --> 02:16:02.720
 I do not see any, Shawn, is the applicant here?

02:16:02.720 --> 02:16:04.840
 Yes, and the applicant does have a presentation.

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

02:16:08.960 --> 02:16:10.760
 up before we get to our speakers.

02:16:10.760 --> 02:16:21.720
 Okay, I'll go ahead and open that right here.

02:16:21.720 --> 02:16:24.320
 Good evening, if you'll give us your name and address, then your time will begin.

02:16:24.320 --> 02:16:28.240
 Sure, good evening commissioners, my name is Blake Carlson, I'm an architect with Design

02:16:28.240 --> 02:16:33.720
 Resources Group, first I want to thank Shawn for a good presentation and just working through

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

02:16:40.320 --> 02:16:45.400
 just appreciate Shawn's help with that, and I appreciate your time tonight.

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

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

02:17:02.120 --> 02:17:07.400
 4 million square feet of commercial real estate development across 10 states, over 5,000 residential

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

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

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

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

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

02:17:50.400 --> 02:17:56.720
 ago here before construction started, I just want to note, of course Teasley Lane to the

02:17:56.720 --> 02:18:02.280
 east there, commercial center to the south with all the various grocery, restaurant,

02:18:02.280 --> 02:18:11.360
 medical, pharmacy, car washes, a car wash is being constructed there as well, it's residential

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

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

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

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

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,

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,

02:18:52.280 --> 02:18:59.960
 future designation, and we think a multifamily unit is a good buffer between the residential

02:18:59.960 --> 02:19:05.040
 areas and the commercial areas along Teasley.

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

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

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

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

02:19:40.640 --> 02:19:44.720
 the housing towards the back.

02:19:44.720 --> 02:19:50.800
 This is an image again showing the site plan, more specifically the landscaping, as Sean

02:19:50.800 --> 02:19:56.640
 showed this similar slide as well, again to highlight the accesses.

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

02:20:02.480 --> 02:20:11.000
 access to the development as you're driving in.

02:20:11.000 --> 02:20:16.540
 There are actually, there's underground parking in it and there's actually two garage doors

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.

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

02:20:27.040 --> 02:20:37.920
 for fire access through the site, that's kind of what drove the access for it.

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

02:20:45.400 --> 02:20:55.480
 and go on the backside of sprouts as well to avoid that.

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

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

02:21:10.920 --> 02:21:19.120
 fence, we're adding large canopy trees, ornamental trees and hedges there.

02:21:19.120 --> 02:21:32.240
 It's about 100 feet from the property line to the building in this spot.

02:21:32.240 --> 02:21:39.940
 To the east there's hedges and ornamental trees for buffering as well.

02:21:39.940 --> 02:21:48.160
 Spoke with some of the neighbors of the housing development to the north recently and they

02:21:48.160 --> 02:21:52.400
 brought up some concerns, I know a number of them are here tonight.

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,

02:22:00.840 --> 02:22:06.140
 understanding that that's a private pond, a private walking path.

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

02:22:12.280 --> 02:22:13.280
 leave it.

02:22:13.280 --> 02:22:22.640
 There's some limitations on putting new fencing in that area.

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.

02:22:33.240 --> 02:22:38.160
 Other amenities were mentioned, the patios are a walking trail, an open space.

02:22:38.160 --> 02:22:42.160
 We think it's kind of a park-like development here.

02:22:42.160 --> 02:22:46.520
 There's a lot of green space, a lot of trees.

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

02:22:51.060 --> 02:22:53.600
 of the buffers.

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

02:23:01.320 --> 02:23:03.080
 fence.

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

02:23:16.600 --> 02:23:23.280
 as much of the topography as we can, and then the pedestrian connections to especially the

02:23:23.280 --> 02:23:31.320
 south retail center for people that can walk there as well in a safe way.

02:23:31.320 --> 02:23:36.440
 Just a few images of 3D views of the development here.

02:23:36.440 --> 02:23:38.640
 This is the car wash that's going up right now.

02:23:38.640 --> 02:23:44.120
 This is Einstein Bagels, should be starting soon.

02:23:44.120 --> 02:23:46.040
 This clinic is now almost done.

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.

02:23:53.080 --> 02:24:02.080
 95 units, this front view is kind of the Teasley entrance view.

02:24:02.080 --> 02:24:11.000
 Just walk around the site here, this is the southwest, looking from Teasley, again you

02:24:11.000 --> 02:24:17.000
 see that many of these trees are existing trees.

02:24:17.000 --> 02:24:21.040
 It's a hillside area, we're also adding trees to it as well.

02:24:21.040 --> 02:24:29.400
 This is that back area, the back entrance with exit out to the Sprouts commercial area.

02:24:29.400 --> 02:24:37.360
 There's a buffer fence along that wall as well, along that property line as well.

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

02:24:47.240 --> 02:24:54.480
 and canopy trees as well as hedges.

02:24:54.480 --> 02:24:59.640
 This is from the northwest, and this is a floodplain area as was mentioned.

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

02:25:06.040 --> 02:25:15.500
 there, adding more trees along there, keeping the existing fence in place as well.

02:25:15.500 --> 02:25:22.880
 Just some views of the building itself, and to note again the grade change with building

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

02:25:30.080 --> 02:25:34.480
 the building, it goes down about a half story.

02:25:34.480 --> 02:25:39.360
 The building was designed to break up the massing as was mentioned in the code, use

02:25:39.360 --> 02:25:44.040
 of quality materials, 40% masonry per the code.

02:25:44.040 --> 02:25:53.280
 This is a market rate building, we're not seeking any subsidies on it.

02:25:53.280 --> 02:26:04.160
 These will be nice quality units for professionals, working class, not non-subsidized.

02:26:04.160 --> 02:26:08.680
 Just some other views of the front, the patio area.

02:26:08.680 --> 02:26:15.440
 One of the many we were discussing was the possibility of adding a playground.

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

02:26:26.280 --> 02:26:28.280
 in that area.

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

02:26:38.680 --> 02:26:40.680
 garage door coming in.

02:26:40.680 --> 02:26:42.760
 Am I running out of time here?

02:26:42.760 --> 02:26:44.480
 Is that the bell?

02:26:44.480 --> 02:26:48.960
 Let me just show you, just give me like 30 seconds more here.

02:26:48.960 --> 02:26:51.120
 This is a view, if that's okay?

02:26:51.120 --> 02:26:52.120
 Yeah.

02:26:52.120 --> 02:26:53.120
 Okay.

02:26:53.120 --> 02:26:54.120
 Please.

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

02:26:58.480 --> 02:27:05.520
 you'd see from the lake.

02:27:05.520 --> 02:27:09.560
 This was just a quick Google image of ... I Googled this apartments, this might not be

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,

02:27:16.120 --> 02:27:21.200
 not quite a mile to the Hickory Creek Ranch apartments.

02:27:21.200 --> 02:27:32.540
 We think this is located in a good spot for multi-family use.

02:27:32.540 --> 02:27:38.040
 I guess Sean addressed a lot of the questions at the work session.

02:27:38.040 --> 02:27:43.400
 I don't know if there was any that he didn't hit on.

02:27:43.400 --> 02:27:44.680
 I'm happy to answer any questions.

02:27:44.680 --> 02:27:49.280
 I also have my civil engineers here with Weir Associates to answer any technical questions

02:27:49.280 --> 02:27:50.280
 you might have.

02:27:50.280 --> 02:27:51.280
 Thank you again.

02:27:51.280 --> 02:27:52.280
 Thank you for your consideration.

02:27:52.280 --> 02:27:54.120
 I'll stand for any questions.

02:27:54.120 --> 02:27:55.120
 Thank you very much.

02:27:55.120 --> 02:27:56.120
 Commissioner Smith.

02:27:56.120 --> 02:27:57.120
 Thank you, Chair.

02:27:57.120 --> 02:28:00.040
 I didn't catch your last name, I'm sorry.

02:28:00.040 --> 02:28:01.040
 Carlson.

02:28:01.040 --> 02:28:04.040
 Carlson, Mr. Carlson.

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

02:28:08.100 --> 02:28:10.000
 to the commercial area?

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.

02:28:15.240 --> 02:28:17.920
 Would you guys be amenable to putting a stop sign there, a four-way stop sign?

02:28:17.920 --> 02:28:19.720
 We wouldn't have a problem with that at all.

02:28:19.720 --> 02:28:25.120
 I'll talk to, I'll ask Sean that question here in a minute.

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

02:28:29.240 --> 02:28:34.280
 complexes that are in development over there, so I can totally get that neighborhood's concern

02:28:34.280 --> 02:28:37.800
 about number of apartments, that kind of thing, because there are two other along Teasley

02:28:37.800 --> 02:28:41.600
 that are developing there that might be just important to know.

02:28:41.600 --> 02:28:42.600
 Development looks good.

02:28:42.600 --> 02:28:47.160
 I think just with the combination of all the commercial uses in front of the apartment

02:28:47.160 --> 02:28:52.000
 complex and then the apartment and the occupancy of the apartments there, it just, it seems

02:28:52.000 --> 02:28:53.000
 like a safety hazard.

02:28:53.000 --> 02:28:55.440
 I don't see people jumping behind sprouts to get down to Hickory.

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

02:29:00.000 --> 02:29:05.160
 resistance, and so creating some sort of resistance to protect patrons to and from sprouts.

02:29:05.160 --> 02:29:09.280
 I mean, there's literally a Kroger here in town called Murder Kroger for the purpose

02:29:09.280 --> 02:29:13.640
 of people drive through that parking lot to get to all the other businesses instead of

02:29:13.640 --> 02:29:17.440
 getting onto a very busy highway of university.

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

02:29:22.120 --> 02:29:23.120
 great.

02:29:23.120 --> 02:29:24.120
 I think it looks awesome.

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.

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

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

02:29:42.320 --> 02:29:43.680
 makes the most sense.

02:29:43.680 --> 02:29:47.280
 Well, this being an SUP, you would definitely probably include that as a condition is to

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

02:29:51.200 --> 02:29:52.200
 have here later.

02:29:52.200 --> 02:29:53.200
 But thank you.

02:29:53.200 --> 02:29:56.400
 Appreciate it.

02:29:56.400 --> 02:30:02.120
 Any other questions at this time for Mr. Carlson?

02:30:02.120 --> 02:30:05.960
 I do not see any, but we may call on you later.

02:30:05.960 --> 02:30:07.640
 Thank you very much.

02:30:07.640 --> 02:30:14.160
 Mr. Smith, I did get an answer on your Teasley Lane completion.

02:30:14.160 --> 02:30:21.600
 So between Geyer and Lillian Miller, the expected completion is October/November this year.

02:30:21.600 --> 02:30:22.600
 Okay.

02:30:22.600 --> 02:30:26.220
 So, I mean, I wouldn't put any money on that, but ...

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

02:30:30.400 --> 02:30:32.720
 to be up by then, but okay, got it.

02:30:32.720 --> 02:30:33.720
 Thank you.

02:30:33.720 --> 02:30:36.920
 There's a little light at the end of the tunnel, maybe.

02:30:36.920 --> 02:30:43.200
 We've got several cards to speak, so we'll get started with that.

02:30:43.200 --> 02:30:55.400
 The first card I have is Frankie Nichols.

02:30:55.400 --> 02:30:59.120
 If you will state your name and address, then your time will begin.

02:30:59.120 --> 02:31:00.120
 Frankie Nichols.

02:31:00.120 --> 02:31:05.960
 So my concern is that we have a lot of people walking around a pond.

02:31:05.960 --> 02:31:08.660
 I live in that neighborhood.

02:31:08.660 --> 02:31:12.760
 We take pride in the neighborhood.

02:31:12.760 --> 02:31:15.680
 There's just all kinds of safety issues.

02:31:15.680 --> 02:31:25.960
 Kids, people coming on our side, and a fence is not going to keep people out.

02:31:25.960 --> 02:31:30.760
 Just like this cute little fence that's right here, on that buffer right there.

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

02:31:36.080 --> 02:31:37.080
 own our pond.

02:31:37.080 --> 02:31:43.520
 We already have people that come all around Denton to fish.

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

02:31:51.800 --> 02:31:56.580
 respects our area, because it's not theirs.

02:31:56.580 --> 02:32:01.600
 So my concern is, it's just going to be a lot more people.

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

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,

02:32:20.240 --> 02:32:25.880
 all that stuff, and it's just like, are they going to help us out?

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

02:32:31.960 --> 02:32:32.960
 on over there.

02:32:32.960 --> 02:32:37.160
 Plus, our infrastructure sucks already, as it is with our sewer.

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

02:32:43.560 --> 02:32:45.560
 me, it's not good.

02:32:45.560 --> 02:32:54.880
 Why can't we put a park there, instead of more houses?

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

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

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

02:33:16.640 --> 02:33:17.640
 of that.

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."

02:33:21.200 --> 02:33:24.360
 They're not going to ... We ain't going to get money off that.

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,

02:33:31.080 --> 02:33:32.080
 dude.

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

02:33:38.120 --> 02:33:43.760
 greed on other people's part, with bringing something like this in here.

02:33:43.760 --> 02:33:49.400
 I guarantee you, these people will just turn a burner, build it, and see you.

02:33:49.400 --> 02:33:52.480
 Right now, there's a lot of whole trees left.

02:33:52.480 --> 02:33:56.080
 I look every day, they're cutting trees down, knocking trees down.

02:33:56.080 --> 02:33:57.080
 There's nothing left.

02:33:57.080 --> 02:33:58.080
 They're gone.

02:33:58.080 --> 02:34:06.320
 - Thank you, Mr. Nichols.

02:34:06.320 --> 02:34:23.080
 Next card I have is Nina Nichols.

02:34:23.080 --> 02:34:27.400
 Hello.

02:34:27.400 --> 02:34:28.400
 - Hi.

02:34:28.400 --> 02:34:29.400
 I can't find my phone.

02:34:29.400 --> 02:34:30.400
 I sent you an email, and you responded.

02:34:30.400 --> 02:34:31.400
 I appreciate it.

02:34:31.400 --> 02:34:34.000
 I was going to just read my email.

02:34:34.000 --> 02:34:35.960
 I'm Nina Nichols.

02:34:35.960 --> 02:34:43.360
 I live at 2313 Fairmount Park Drive, which is directly across from the pond, basically

02:34:43.360 --> 02:34:50.160
 across from where they're showing the exiting fence.

02:34:50.160 --> 02:35:00.200
 We will have a nice view, being sarcastic of the apartment complex.

02:35:00.200 --> 02:35:08.360
 I have several issues with the apartments, talking about the traffic issue.

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,

02:35:17.100 --> 02:35:19.080
 we have a lot of traffic problems with that.

02:35:19.080 --> 02:35:23.680
 There's no lights right here coming out of any of these places.

02:35:23.680 --> 02:35:30.200
 They have to go further down to Hickory Creek.

02:35:30.200 --> 02:35:37.560
 I hear a lot of squealing tires from the pharmacy.

02:35:37.560 --> 02:35:39.800
 Our HOA does maintain the pond.

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

02:35:48.760 --> 02:35:52.040
 for.

02:35:52.040 --> 02:35:57.200
 The concern is having people come over from the apartments to use our facilities and our

02:35:57.200 --> 02:36:03.160
 amenities that our HOA, that we're paying for.

02:36:03.160 --> 02:36:09.960
 Our HOA fees, luckily, we built the house, so we've been there for a while.

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

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

02:36:23.060 --> 02:36:29.400
 across the street, and for our fees could go up.

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

02:36:38.080 --> 02:36:43.120
 into the pool, but they're only on the weekend, because we can't.

02:36:43.120 --> 02:36:48.080
 There's not enough funds to pay to have somebody there all the time.

02:36:48.080 --> 02:36:52.800
 I think the other issue, of course, like I said, is the view.

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

02:37:03.440 --> 02:37:06.160
 around us.

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

02:37:12.960 --> 02:37:15.080
 many blocks.

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

02:37:23.000 --> 02:37:34.440
 on a Teasley Lane that's with no traffic lights is going to be a problem.

02:37:34.440 --> 02:37:41.320
 Also, this exiting fence, I have an issue with, too.

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

02:37:46.400 --> 02:37:54.900
 us and the pond, which will not keep people out.

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

02:38:00.560 --> 02:38:06.240
 exercise, walk the dog, everything else.

02:38:06.240 --> 02:38:07.240
 Thank you.

02:38:07.240 --> 02:38:09.400
 I know my bell rang.

02:38:09.400 --> 02:38:11.400
 Nana, thank you for sharing your thoughts.

02:38:11.400 --> 02:38:12.400
 Thank you.

02:38:12.400 --> 02:38:13.400
 Thanks for reading my email.

02:38:13.400 --> 02:38:16.840
 You're welcome.

02:38:16.840 --> 02:38:18.800
 Next card I have is Erin Maxwell.

02:38:18.800 --> 02:38:19.800
 Hi.

02:38:19.800 --> 02:38:24.760
 If you'll state your name and address, your time will begin.

02:38:24.760 --> 02:38:25.760
 Hi.

02:38:25.760 --> 02:38:26.760
 My name is Dr. Erin Maxwell.

02:38:26.760 --> 02:38:28.480
 I live on Belmont Park Drive.

02:38:28.480 --> 02:38:34.120
 My biggest concern with this development is safety, so contrary to what Mr. Sean said

02:38:34.120 --> 02:38:41.200
 about the rise in crime, there actually is some statistics to back that up.

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

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?

02:38:56.600 --> 02:39:00.440
 They called it property crime as well as violent crime.

02:39:00.440 --> 02:39:03.920
 As a mother, I'm extremely concerned about the safety of my children.

02:39:03.920 --> 02:39:05.040
 There's a park there.

02:39:05.040 --> 02:39:06.040
 There's no park in this development.

02:39:06.040 --> 02:39:09.440
 People are going to walk over and infiltrate.

02:39:09.440 --> 02:39:13.160
 They're going to use our facilities that we're paying for.

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.

02:39:17.920 --> 02:39:19.720
 That's not fair.

02:39:19.720 --> 02:39:23.880
 Also worried about the property value going down.

02:39:23.880 --> 02:39:27.280
 As a homeowner, that's not anything that anybody wants.

02:39:27.280 --> 02:39:29.040
 You pay for your home.

02:39:29.040 --> 02:39:30.640
 It's important to you.

02:39:30.640 --> 02:39:37.680
 Those are my biggest concerns, safety and ... Yeah, mostly safety and crime.

02:39:37.680 --> 02:39:41.680
 I think that's a huge problem that we need to pay more attention to.

02:39:41.680 --> 02:39:44.480
 That's all I have to say.

02:39:44.480 --> 02:39:45.480
 Thank you.

02:39:45.480 --> 02:39:46.480
 Thank you, Erin.

02:39:46.480 --> 02:39:52.240
 Next card I have is Stephanie Neuhardt.

02:39:52.240 --> 02:39:54.240
 Hello.

02:39:54.240 --> 02:39:58.400
 Good evening.

02:39:58.400 --> 02:40:02.300
 Thank you again for taking my call this afternoon.

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.

02:40:08.000 --> 02:40:15.960
 As of the time that I printed this afternoon, I have obtained 232 signatures against this.

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

02:40:20.200 --> 02:40:26.240
 notification bullet, and my house is right there on the top left corner, it actually

02:40:26.240 --> 02:40:30.960
 only hit a couple of residential areas, it went to commercial properties.

02:40:30.960 --> 02:40:35.240
 There's about six to eight houses that are residential that it actually hit.

02:40:35.240 --> 02:40:36.480
 Our community had no idea.

02:40:36.480 --> 02:40:40.640
 I obtained these signatures in less than 48 hours.

02:40:40.640 --> 02:40:41.940
 This is for our community.

02:40:41.940 --> 02:40:47.240
 This is for Wheeler Ridge, and this is for Forest Meadow.

02:40:47.240 --> 02:40:53.120
 Part of the information that was stated was that this property was going to be complementary

02:40:53.120 --> 02:40:55.240
 to the surrounding areas.

02:40:55.240 --> 02:40:59.720
 Ninety-five units on a four-story building is egregious.

02:40:59.720 --> 02:41:01.320
 It is not complementary.

02:41:01.320 --> 02:41:04.140
 There is nothing around it for miles.

02:41:04.140 --> 02:41:09.600
 It's going from a commercial area to a low residential area.

02:41:09.600 --> 02:41:13.900
 Ninety-five units is not low residential at all.

02:41:13.900 --> 02:41:14.900
 It's not a segue.

02:41:14.900 --> 02:41:20.520
 It is not a bridge to the commercial buildings next to it.

02:41:20.520 --> 02:41:26.520
 I want to note that Casey Holdings, who is building this development, they're located

02:41:26.520 --> 02:41:31.000
 in Fargo, North Dakota, they have no intentions of improving Denton.

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

02:41:35.000 --> 02:41:36.000
 community.

02:41:36.000 --> 02:41:38.880
 It's going back into theirs.

02:41:38.880 --> 02:41:42.320
 Things that are going to be affected are our HOA dues and our amenities.

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

02:41:45.320 --> 02:41:51.980
 last week and mentioned that they are offering no amenities to 95 units.

02:41:51.980 --> 02:41:54.560
 They're going to be utilizing our parks.

02:41:54.560 --> 02:41:56.600
 That's a liability to us.

02:41:56.600 --> 02:41:58.340
 It is for residents only.

02:41:58.340 --> 02:42:06.440
 Their only offering was to put it more postage that it's private residents.

02:42:06.440 --> 02:42:07.600
 That's not going to keep anybody out.

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.

02:42:11.500 --> 02:42:14.000
 The walking trails that they posted on this are a joke.

02:42:14.000 --> 02:42:18.400
 I couldn't even fit my house inside their walking trail.

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

02:42:22.440 --> 02:42:23.440
 it.

02:42:23.440 --> 02:42:27.920
 We shouldn't have to call and utilize our resources and our police department in order

02:42:27.920 --> 02:42:33.920
 to facilitate keeping them away from us and the crimes that are going to be committed,

02:42:33.920 --> 02:42:37.920
 because contrary to what they stated, they only looked at trespassing.

02:42:37.920 --> 02:42:39.520
 They didn't actually look at true crime data.

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

02:42:44.120 --> 02:42:47.640
 of their calls do come from apartment units.

02:42:47.640 --> 02:42:52.000
 It is going to go up especially with zero barrier between us, including those barriers.

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

02:42:57.280 --> 02:42:58.280
 us.

02:42:58.280 --> 02:43:01.000
 We will have zero barrier between them, no buffer.

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

02:43:03.360 --> 02:43:04.920
 to be able to access us.

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

02:43:08.240 --> 02:43:10.880
 in my children's backyard.

02:43:10.880 --> 02:43:11.920
 That's not okay.

02:43:11.920 --> 02:43:13.620
 I can't have a privacy fence.

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

02:43:18.800 --> 02:43:20.720
 while they're playing in their backyard.

02:43:20.720 --> 02:43:22.720
 Those are things that are not okay.

02:43:22.720 --> 02:43:30.700
 I didn't get buzzed, but we're not okay with this.

02:43:30.700 --> 02:43:33.600
 If I had more time, I could get more signatures.

02:43:33.600 --> 02:43:35.120
 The community does not want this.

02:43:35.120 --> 02:43:40.760
 They do not think that it's complimentary.

02:43:40.760 --> 02:43:43.760
 >> Thank you, Stephanie.

02:43:43.760 --> 02:43:47.720
 >> Thank you.

02:43:47.720 --> 02:43:50.560
 [ Applause ]

02:43:50.560 --> 02:43:56.800
 >> The next card I have is Stephanie Ortega.

02:43:56.800 --> 02:44:06.000
 >> Hello, I'm Stephanie Ortega.

02:44:06.000 --> 02:44:13.640
 I live at 2205 Fairmount Park Drive, which is facing this.

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

02:44:19.240 --> 02:44:23.800
 to be looking in the balconies of whomever is living in this building.

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

02:44:30.520 --> 02:44:36.040
 of our other neighbors, many, many, many crime calls from the new apartments that's down

02:44:36.040 --> 02:44:39.360
 the road near Geyer.

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.

02:44:46.620 --> 02:44:48.880
 That is not a barrier.

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,

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.

02:45:00.800 --> 02:45:06.640
 So I am opposed to this for all the reasons that everyone here is.

02:45:06.640 --> 02:45:08.600
 And I did not get a mailer.

02:45:08.600 --> 02:45:10.600
 I can see this.

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.

02:45:16.640 --> 02:45:17.640
 Nobody asked me.

02:45:17.640 --> 02:45:20.880
 I found out about this yesterday.

02:45:20.880 --> 02:45:25.480
 Because Stephanie posted it with her petition, which I signed.

02:45:25.480 --> 02:45:28.640
 So thank you.

02:45:28.640 --> 02:45:34.240
 >> Thank you, Stephanie.

02:45:34.240 --> 02:45:39.800
 Next card I have is Bob Ashley.

02:45:39.800 --> 02:45:51.960
 >> Hi, Mr. Ashley.

02:45:51.960 --> 02:45:52.960
 >> Hi.

02:45:52.960 --> 02:45:53.960
 Good afternoon.

02:45:53.960 --> 02:45:54.960
 I just had some eye surgery.

02:45:54.960 --> 02:46:00.000
 My name is Robert Ashley, and I'm at 2309 Fairmont Park Drive.

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

02:46:08.760 --> 02:46:11.680
 various reasons.

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

02:46:18.900 --> 02:46:21.960
 into that four-acre lot.

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.

02:46:30.120 --> 02:46:35.840
 The architecture concepts that's up there doesn't show you what that lot actually looks

02:46:35.840 --> 02:46:36.840
 at.

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

02:46:46.680 --> 02:46:53.360
 cement walls that go straight up to the trees that are above that facility.

02:46:53.360 --> 02:46:58.360
 That hilltop is actually taller than the car wash that's presently there.

02:46:58.360 --> 02:47:02.500
 What this view shows you is nice plateaus.

02:47:02.500 --> 02:47:04.300
 It's not the way it is.

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

02:47:11.840 --> 02:47:12.840
 egregiously.

02:47:12.840 --> 02:47:15.800
 I mean, it's just something you can't miss it.

02:47:15.800 --> 02:47:21.000
 When we moved into this facility, there was a beautiful hillside that was there.

02:47:21.000 --> 02:47:24.160
 I know we have to count on progress.

02:47:24.160 --> 02:47:27.040
 That's all been literally ripped down.

02:47:27.040 --> 02:47:32.560
 All the animals have been left to run other places and live.

02:47:32.560 --> 02:47:38.120
 Now we have an Einstein Bagels, which I like very much, next to the community pharmacy

02:47:38.120 --> 02:47:44.720
 that I do occasionally use, in a car wash that I probably never use.

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.

02:47:51.300 --> 02:47:55.800
 It's wrapped around the back end of a car wash.

02:47:55.800 --> 02:48:06.840
 That's what they get to see from the amenities of picnic tables and charcoal lots.

02:48:06.840 --> 02:48:09.600
 Those are the amenities that they talk about there.

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

02:48:17.480 --> 02:48:22.680
 on the north end could fit inside of this room.

02:48:22.680 --> 02:48:23.680
 It's there.

02:48:23.680 --> 02:48:26.060
 It also shows you a pond that's there.

02:48:26.060 --> 02:48:27.360
 It looks like a swimming pool.

02:48:27.360 --> 02:48:28.440
 It's a pond.

02:48:28.440 --> 02:48:31.960
 What that is is a silt runoff from the parking lot.

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

02:48:38.240 --> 02:48:39.280
 cement.

02:48:39.280 --> 02:48:42.720
 That water has to run someplace.

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

02:48:47.000 --> 02:48:53.640
 to be built, you have to build this silt pond that keeps the runoff.

02:48:53.640 --> 02:48:58.580
 From the neighboring areas, it helps to stop the floodplain.

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.

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,

02:49:14.560 --> 02:49:16.880
 that pond floods.

02:49:16.880 --> 02:49:20.480
 Now we have the runoff coming from Teasley.

02:49:20.480 --> 02:49:23.600
 We have the runoff coming from Community Pharmacy.

02:49:23.600 --> 02:49:28.160
 We've got the runoff coming from the car wash.

02:49:28.160 --> 02:49:34.480
 Now we've got the runoff coming from 177 parking spaces of nothing but cement.

02:49:34.480 --> 02:49:35.580
 Where's this water going?

02:49:35.580 --> 02:49:37.880
 It's not soaking in the ground.

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.

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

02:49:48.680 --> 02:49:52.760
 in it with an exhaust pipe for the overflow.

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.

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

02:50:04.520 --> 02:50:11.040
 our pond that we pay for maintenance is a barbed wire fence.

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.

02:50:17.240 --> 02:50:18.940
 I'm one of the HOA board members.

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

02:50:23.080 --> 02:50:26.520
 fence there to stop the people from coming onto our property."

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

02:50:32.560 --> 02:50:35.040
 fencing into that area.

02:50:35.040 --> 02:50:43.680
 I know my time is up, but I am so opposed to this, safety reasons.

02:50:43.680 --> 02:50:46.400
 Hopefully you guys go to Sprout's parking lot once in a while.

02:50:46.400 --> 02:50:49.840
 This facility hasn't even started being built.

02:50:49.840 --> 02:50:55.040
 You go to the dog supermarket there, park in their parking lot.

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

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

02:51:06.600 --> 02:51:07.600
 into Sprout's.

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

02:51:13.200 --> 02:51:14.200
 and say it's safe.

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

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

02:51:32.200 --> 02:51:36.760
 at the end of our subdivision are two gas wells.

02:51:36.760 --> 02:51:42.040
 These two gas wells, you can't build a housing within 500 feet of gas well.

02:51:42.040 --> 02:51:49.440
 Well, it just happens that this apartment building is approximately 500 feet of gas

02:51:49.440 --> 02:51:50.440
 well.

02:51:50.440 --> 02:51:52.400
 That makes it better.

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

02:51:59.000 --> 02:52:00.000
 cards.

02:52:00.000 --> 02:52:01.000
 Okay.

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

02:52:08.200 --> 02:52:09.200
 danger zone.

02:52:09.200 --> 02:52:10.200
 Thank you.

02:52:10.200 --> 02:52:14.720
 [applause]

02:52:14.720 --> 02:52:20.920
 Next card I have is Maria Piatto.

02:52:20.920 --> 02:52:33.080
 Hello, if you'll state your name and address, your time will begin.

02:52:33.080 --> 02:52:34.080
 Yes.

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

02:52:39.520 --> 02:52:45.240
 site, so I'm going to face this monstrous building.

02:52:45.240 --> 02:52:50.000
 They were saying I'm concerned about these things, so I'm concerned about the drainage.

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

02:52:56.040 --> 02:53:00.960
 of four, that's 380 people.

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

02:53:08.400 --> 02:53:11.840
 in front of the pond, so I'm concerned about the flooding.

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

02:53:18.920 --> 02:53:27.000
 we have that separates the construction site and us, and nothing separates their building

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

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

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

02:53:42.520 --> 02:53:48.640
 little barbed wire fence, and then they were talking about preferred growth concept, but

02:53:48.640 --> 02:53:52.000
 they forgot to add that they're going to increase crime.

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

02:53:58.080 --> 02:54:00.280
 to the people that presented previously.

02:54:00.280 --> 02:54:09.160
 They had four acres, and they were applying for four single home dwellings, but this is

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,

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

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

02:54:27.560 --> 02:54:28.560
 worked.

02:54:28.560 --> 02:54:36.280
 And then another thing is their further goal is to increase the walking distance to the

02:54:36.280 --> 02:54:40.960
 commercial things, but they didn't say that they're going to also increase the walking

02:54:40.960 --> 02:54:52.960
 distance to our amenities, and then, let's see what else, oh another thing, about the

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

02:54:59.400 --> 02:55:01.100
 in such a small area.

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

02:55:06.480 --> 02:55:12.360
 small area, so I'm concerned that they're trying to build something so massively big,

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

02:55:18.800 --> 02:55:22.320
 a beautiful view towards Teasley Lane.

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

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

02:55:36.000 --> 02:55:41.320
 about that also, so yeah, that's all.

02:55:41.320 --> 02:55:44.200
 Thank you, Maria.

02:55:44.200 --> 02:56:03.280
 Next card I have is Philip Yates.

02:56:03.280 --> 02:56:04.280
 Good evening.

02:56:04.280 --> 02:56:05.280
 Good evening.

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

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

02:56:21.200 --> 02:56:22.200
 the whole zoning.

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.

02:56:36.440 --> 02:56:41.640
 Y'all are destroying our city for money.

02:56:41.640 --> 02:56:44.600
 This guy, he don't care about anything.

02:56:44.600 --> 02:56:47.760
 He wants money.

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

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.

02:57:03.040 --> 02:57:06.320
 Our school is overcrowded.

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

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?

02:57:23.280 --> 02:57:28.600
 Our elementaries are full, our junior houses are full.

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,

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

02:57:45.800 --> 02:57:47.880
 hall.

02:57:47.880 --> 02:57:50.920
 The next time, I went to Presby.

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

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

02:58:05.800 --> 02:58:15.240
 facilities or the staff to handle the growth this board has allowed to happen.

02:58:15.240 --> 02:58:16.800
 We're full.

02:58:16.800 --> 02:58:18.560
 We're done.

02:58:18.560 --> 02:58:20.260
 We don't have hospitals.

02:58:20.260 --> 02:58:21.360
 We don't have schools.

02:58:21.360 --> 02:58:23.800
 We don't have grocery stores.

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.

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

02:58:39.120 --> 02:58:47.000
 a good quality life, and because you don't want to rubber stamp every developer that

02:58:47.000 --> 02:58:53.720
 comes out here and let him build whatever he wants, whether it's apartments or houses,

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

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

02:59:09.120 --> 02:59:15.920
 about what you all are doing to the people of Denton.

02:59:15.920 --> 02:59:20.500
 Thank you.

02:59:20.500 --> 02:59:21.500
 Thank you, Mr. Yates.

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

02:59:27.680 --> 02:59:30.840
 this commission is up here to destroy Denton.

02:59:30.840 --> 02:59:32.840
 We live here, too.

02:59:32.840 --> 02:59:37.320
 We are up here volunteering our time to make thoughtful and the best decisions that we

02:59:37.320 --> 02:59:40.960
 can to make Denton better.

02:59:40.960 --> 02:59:53.040
 The next card I have is Monica Lopez.

02:59:53.040 --> 03:00:04.920
 My name is Monica Lopez, I live at 1916 Belmont Park Drive.

03:00:04.920 --> 03:00:09.200
 I actually recently moved to the division, Lexington Park.

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

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

03:00:23.440 --> 03:00:26.000
 girls in it.

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

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

03:00:36.960 --> 03:00:44.760
 outside or actually have that neighbor interaction that lacks over there where we had originally

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.

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

03:00:57.200 --> 03:01:04.920
 fact that a safety analysis or a risk assessment, hazard identification should have been made,

03:01:04.920 --> 03:01:10.560
 as that with the promotion of mobility, walkability that I keep on hearing about, especially from

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

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

03:01:22.880 --> 03:01:26.920
 area where people are already racing around in the morning trying to get their bagels

03:01:26.920 --> 03:01:32.920
 or their Starbucks coffee, and you have kids cutting through every area and every avenue

03:01:32.920 --> 03:01:35.980
 in order to make it to school on time.

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

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

03:01:47.880 --> 03:01:53.120
 Teasley is finally completed, but what they felt to mention was that Wigley Park is right

03:01:53.120 --> 03:01:54.720
 behind our area.

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

03:01:59.520 --> 03:02:04.040
 area but also through the neighborhood in order to get to that location, because yes

03:02:04.040 --> 03:02:06.800
 we have trails that kind of lead to that area.

03:02:06.800 --> 03:02:12.280
 With that being said, you have the increase of animals coming through, nobody wants to

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,

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

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

03:02:30.640 --> 03:02:36.520
 I feel like without any segregation and the fact that we do have those amenities that

03:02:36.520 --> 03:02:42.260
 people are already noticing and coming through, it's only going to increase the activity regardless.

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

03:02:46.880 --> 03:02:52.960
 we do have elementaries behind, they also in addition less than a mile or roughly a

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

03:03:00.160 --> 03:03:04.480
 not sure if their analysis included that from their traffic, but you have to think that

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.

03:03:11.520 --> 03:03:16.320
 Thank you Ms. Lopez.

03:03:16.320 --> 03:03:27.760
 The next card I have is Archie Krum.

03:03:27.760 --> 03:03:30.120
 Good evening, thanks for hearing us tonight.

03:03:30.120 --> 03:03:33.640
 My name is Archie Krum, I live at 2100 Fairmount Park Drive.

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

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.

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

03:03:52.880 --> 03:03:54.080
 on Fairmount Park Drive.

03:03:54.080 --> 03:04:00.240
 I'm going to see this monstrosity from my house and from my yard.

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.

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

03:04:13.840 --> 03:04:18.120
 living in here doing what they do, they're going to come onto our property.

03:04:18.120 --> 03:04:24.080
 The pond is our property, our walkways is our property, we pay to maintain that, so

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

03:04:30.260 --> 03:04:32.160
 us all financially.

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

03:04:38.520 --> 03:04:40.000
 city.

03:04:40.000 --> 03:04:44.920
 When they tell you that this is not going to affect crime or emergency medical services,

03:04:44.920 --> 03:04:45.920
 they're wrong.

03:04:45.920 --> 03:04:48.840
 I see it, I live it and I work for it.

03:04:48.840 --> 03:04:54.560
 I run more calls in apartment complexes than I do in single family residential areas.

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

03:05:00.480 --> 03:05:07.140
 spread out along a specific amount of space, they're now packed into this tiny area.

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.

03:05:11.380 --> 03:05:14.760
 Fire Station 6 just down the road is already taxed.

03:05:14.760 --> 03:05:16.680
 They run and they run and they run.

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

03:05:20.400 --> 03:05:23.180
 with all the construction.

03:05:23.180 --> 03:05:24.960
 It's going to affect us all.

03:05:24.960 --> 03:05:30.680
 Too many people in a very small area.

03:05:30.680 --> 03:05:33.680
 To touch on another subject, the schools.

03:05:33.680 --> 03:05:37.040
 We've been here, like I said, I've been here since 2005.

03:05:37.040 --> 03:05:41.600
 The elementary schools are already extremely, extremely full.

03:05:41.600 --> 03:05:47.240
 You bring in another 95 units, that's another potential 95 families with children.

03:05:47.240 --> 03:05:52.040
 Now you're talking about student to teacher ratios in excess of what's acceptable.

03:05:52.040 --> 03:05:57.240
 25, 30 students in a classroom for one teacher, it's not acceptable.

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

03:06:02.160 --> 03:06:06.000
 can't interact with one another.

03:06:06.000 --> 03:06:10.560
 Again, just to reiterate, crime, it affects us all financially regardless of what they

03:06:10.560 --> 03:06:13.200
 might say.

03:06:13.200 --> 03:06:17.040
 This is directly going to affect our families.

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.

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

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

03:06:30.040 --> 03:06:31.040
 of room.

03:06:31.040 --> 03:06:32.040
 So thank you.

03:06:32.040 --> 03:06:34.000
 >> Thank you, Mr. Green.

03:06:34.000 --> 03:06:58.080
 >> Next card I have is Bill Mills.

03:06:58.080 --> 03:06:59.080
 >> Hello.

03:06:59.080 --> 03:07:00.080
 Bill Mills.

03:07:00.080 --> 03:07:01.080
 I live at 2000 Belmont Park Drive.

03:07:01.080 --> 03:07:04.200
 I'm the president of the Lexington Park HOA.

03:07:04.200 --> 03:07:12.640
 My biggest concern along with the community is the increased traffic, trash, crime, vandalism

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

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

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,

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

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.

03:07:41.080 --> 03:07:45.960
 So I don't know how freezing it is.

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

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,

03:07:55.960 --> 03:08:00.200
 which are within 500 feet is a gas well there.

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

03:08:06.960 --> 03:08:09.680
 of the 500 foot range.

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

03:08:14.040 --> 03:08:15.580
 is a nightmare.

03:08:15.580 --> 03:08:19.160
 So at any rate, that's what I have to say.

03:08:19.160 --> 03:08:20.160
 Thank you.

03:08:20.160 --> 03:08:23.160
 Thank you as well.

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

03:08:30.320 --> 03:08:34.000
 to just holler and you can come on up.

03:08:34.000 --> 03:08:40.840
 I have a card filled out by Melissa Scott in opposition, not wishing to speak.

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.

03:08:47.860 --> 03:09:02.200
 Card from William Hamilton in opposition, would you like to speak?

03:09:02.200 --> 03:09:22.500
 I've got a card from Suzanne Beachill in opposition.

03:09:22.500 --> 03:09:23.720
 My name is Suzanne Beachill.

03:09:23.720 --> 03:09:26.780
 I live at 2101 Prescott Downs.

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.

03:09:30.320 --> 03:09:32.100
 I have seven children.

03:09:32.100 --> 03:09:35.180
 They range in age from seven to 27.

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.

03:09:40.260 --> 03:09:43.180
 My kids play in this neighborhood.

03:09:43.180 --> 03:09:44.180
 They're all around.

03:09:44.180 --> 03:09:46.500
 They have so much fun in this neighborhood.

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

03:09:49.660 --> 03:09:51.220
 four and a half years.

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.

03:09:56.780 --> 03:09:58.940
 I won't be able to do that anymore.

03:09:58.940 --> 03:10:05.500
 It won't be safe and it's not okay that they can't do that.

03:10:05.500 --> 03:10:08.140
 That's got to be a reality to everybody.

03:10:08.140 --> 03:10:09.500
 I don't mind apartments.

03:10:09.500 --> 03:10:11.100
 I want there to be apartments.

03:10:11.100 --> 03:10:13.460
 I want people to have affordable housing.

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

03:10:18.900 --> 03:10:24.060
 of people there is going to be a benefit to our community at all.

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

03:10:31.780 --> 03:10:42.300
 and come on down.

03:10:42.300 --> 03:10:43.300
 My name is Mike Scott.

03:10:43.300 --> 03:10:50.580
 I live at 2200 Prescott Downs Drive, very quickly.

03:10:50.580 --> 03:10:51.580
 Things change.

03:10:51.580 --> 03:10:52.580
 I understand that.

03:10:52.580 --> 03:10:53.580
 Money needs to be made.

03:10:53.580 --> 03:10:56.660
 I understand that.

03:10:56.660 --> 03:10:57.660
 Worth it.

03:10:57.660 --> 03:10:58.660
 The world goes on.

03:10:58.660 --> 03:11:02.620
 The bottom line is, though, that area is a suburban area.

03:11:02.620 --> 03:11:05.660
 It has been that from the beginning.

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

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

03:11:21.140 --> 03:11:22.140
 people in there.

03:11:22.140 --> 03:11:23.740
 I can make more money off of it.

03:11:23.740 --> 03:11:25.300
 It's in a smaller area.

03:11:25.300 --> 03:11:30.860
 Now, I didn't know that this was happening until yesterday.

03:11:30.860 --> 03:11:31.860
 Nobody ever notified me.

03:11:31.860 --> 03:11:34.580
 I never had a chance to think about it.

03:11:34.580 --> 03:11:38.220
 What I would like to know are several things.

03:11:38.220 --> 03:11:40.940
 Why are we going to move this apartment complex in?

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

03:11:46.180 --> 03:11:48.340
 it, no industry close?

03:11:48.340 --> 03:11:53.860
 We're going to double up on traffic on street that is already choked.

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

03:12:00.580 --> 03:12:01.580
 of a hill.

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.

03:12:05.900 --> 03:12:07.180
 There's no industry.

03:12:07.180 --> 03:12:08.180
 The schools are full.

03:12:08.180 --> 03:12:10.780
 Guyar High School is 6A school.

03:12:10.780 --> 03:12:14.660
 The other, the elementaries that are close by, they're full.

03:12:14.660 --> 03:12:18.460
 There is only one middle school within a reasonable distance.

03:12:18.460 --> 03:12:19.460
 Why?

03:12:19.460 --> 03:12:24.460
 Why do we need, I mean there's no industry.

03:12:24.460 --> 03:12:26.460
 There's no job.

03:12:26.460 --> 03:12:28.380
 There's nothing there.

03:12:28.380 --> 03:12:29.420
 I'm just curious.

03:12:29.420 --> 03:12:31.660
 On the other hand, I understand things change.

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

03:12:34.860 --> 03:12:36.980
 money off of it also.

03:12:36.980 --> 03:12:42.600
 But the downside is we are very emotional about the way we feel about this.

03:12:42.600 --> 03:12:43.600
 We live there.

03:12:43.600 --> 03:12:45.100
 It's our neighborhood.

03:12:45.100 --> 03:12:50.900
 We bought into it, most of us did, when it was still growing, still being built.

03:12:50.900 --> 03:12:52.060
 We've been there for a long time.

03:12:52.060 --> 03:12:54.140
 The area around us is suburban.

03:12:54.140 --> 03:12:57.340
 We live there for a reason.

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

03:13:04.660 --> 03:13:11.020
 dwellings every day, but now you want to step out of that.

03:13:11.020 --> 03:13:12.740
 I just can see no reason for it.

03:13:12.740 --> 03:13:14.180
 I don't know about everyone else.

03:13:14.180 --> 03:13:17.860
 I wish I'd had a chance to plan on what I really wanted to say.

03:13:17.860 --> 03:13:21.220
 Like I say, nobody notified me this was happening.

03:13:21.220 --> 03:13:23.020
 It would have been nice to know it.

03:13:23.020 --> 03:13:27.060
 Could we have more time, possibly, to look into this?

03:13:27.060 --> 03:13:28.780
 I'd like to research it some.

03:13:28.780 --> 03:13:30.680
 I'd like to see some data on it.

03:13:30.680 --> 03:13:32.980
 I'd like to know why.

03:13:32.980 --> 03:13:35.980
 Would it be possible?

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?

03:13:41.460 --> 03:13:44.240
 Thank you.

03:13:44.240 --> 03:13:51.220
 Thank you for speaking.

03:13:51.220 --> 03:13:54.660
 Next card I've got is Stephanie Derricks in opposition.

03:13:54.660 --> 03:14:04.740
 I know three Stephanies, I want to thank them more at this moment.

03:14:04.740 --> 03:14:07.740
 There's another one.

03:14:07.740 --> 03:14:11.020
 So like everybody else, I have the same issues.

03:14:11.020 --> 03:14:12.020
 That they have.

03:14:12.020 --> 03:14:16.980
 My biggest concern, though, is like we just heard noted notification.

03:14:16.980 --> 03:14:20.860
 And when he presented his presentation, he skipped over that very quickly.

03:14:20.860 --> 03:14:24.020
 I didn't have time to read what was on the screen.

03:14:24.020 --> 03:14:26.140
 So I don't know how many people are notified.

03:14:26.140 --> 03:14:29.280
 I don't know what the range was of people that were notified.

03:14:29.280 --> 03:14:31.300
 I know that I wasn't notified.

03:14:31.300 --> 03:14:36.540
 Sorry, Stephanie Derrick, 2105 Fairmont Park.

03:14:36.540 --> 03:14:41.260
 Next issue is the traffic, the fact that it looks like a prison.

03:14:41.260 --> 03:14:44.420
 I mean, nobody's even mentioned how ugly it is.

03:14:44.420 --> 03:14:45.540
 And we're going to have to look at it.

03:14:45.540 --> 03:14:50.240
 I walk 4 a.m. every morning around that pond that everybody keeps talking about.

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?

03:14:55.100 --> 03:14:57.740
 Right now I don't have an issue with any of that.

03:14:57.740 --> 03:15:00.780
 I'm also concerned about our infrastructure.

03:15:00.780 --> 03:15:01.860
 Can we handle it?

03:15:01.860 --> 03:15:04.180
 What about the flood zone that we currently live in?

03:15:04.180 --> 03:15:07.100
 And they're going to be building underground.

03:15:07.100 --> 03:15:12.580
 So that's displacing dirt and everything else that is currently soaking up that water.

03:15:12.580 --> 03:15:14.780
 So where does that leave our floodplain?

03:15:14.780 --> 03:15:21.260
 When we're digging underground, removing dirt to build a car garage.

03:15:21.260 --> 03:15:22.420
 Kids walking to school.

03:15:22.420 --> 03:15:26.940
 We already have an issue with that, with kids walking to school and it being dangerous.

03:15:26.940 --> 03:15:30.620
 That's the reason the busing system right now is busing kids from our neighborhood,

03:15:30.620 --> 03:15:34.500
 from the neighborhood across the street and next door to us.

03:15:34.500 --> 03:15:35.700
 But that's not going to last.

03:15:35.700 --> 03:15:38.780
 I guess November they said that the road was going to be done.

03:15:38.780 --> 03:15:40.540
 Well, let's see if that happens.

03:15:40.540 --> 03:15:43.660
 But when that happens, there will be no more busing.

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,

03:15:49.860 --> 03:15:50.860
 now they're going to be walking.

03:15:50.860 --> 03:15:55.560
 Some of them will ride, which just increases the traffic in the area.

03:15:55.560 --> 03:15:57.780
 So anyway, like I said, probably value.

03:15:57.780 --> 03:16:00.140
 It's the same thing you've already heard from all of us.

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

03:16:04.900 --> 03:16:07.300
 y'all and the people who are building it.

03:16:07.300 --> 03:16:09.940
 I have nothing against the progress.

03:16:09.940 --> 03:16:14.420
 Unlike a lot of these guys, I've only lived in the area three years.

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

03:16:19.060 --> 03:16:20.060
 to have it that way.

03:16:20.060 --> 03:16:28.640
 You're going to walk and get more signatures, I'll be happy to help you.

03:16:28.640 --> 03:16:32.580
 The next card I have is Nancy Davis in opposition.

03:16:32.580 --> 03:16:35.700
 Ms. Davis, did you want to speak?

03:16:35.700 --> 03:16:37.380
 Okay.

03:16:37.380 --> 03:16:41.860
 Next card I have is Christina Smith in opposition.

03:16:41.860 --> 03:16:43.820
 Did you want to come down and speak?

03:16:43.820 --> 03:16:44.820
 Okay.

03:16:44.820 --> 03:16:53.900
 The next card I have is Lita Covert.

03:16:53.900 --> 03:16:56.160
 Okay.

03:16:56.160 --> 03:16:58.300
 She is opposed.

03:16:58.300 --> 03:17:03.060
 Penny Ashley in opposition.

03:17:03.060 --> 03:17:14.140
 If you'll come to the podium, we can't engage from the audience.

03:17:14.140 --> 03:17:16.420
 If you will state your name and address, you can speak.

03:17:16.420 --> 03:17:21.100
 My name is Penny Ashley at 2309 Fairmount Park Drive.

03:17:21.100 --> 03:17:28.340
 I have a question regarding these children who would be in that apartment complex about

03:17:28.340 --> 03:17:29.340
 a bus.

03:17:29.340 --> 03:17:33.700
 How are you going to manage a bus picking up those kids?

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.

03:17:42.020 --> 03:17:46.340
 Can you address that, please?

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.

03:17:52.300 --> 03:17:56.620
 I do not have any more cards, but the public hearing is open.

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.

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

03:18:07.140 --> 03:18:16.940
 on this item, so I am going to ask staff to bring that caller in, please.

03:18:16.940 --> 03:18:19.980
 Hello, good evening, everybody.

03:18:19.980 --> 03:18:20.980
 My name is Jason Jolavet.

03:18:20.980 --> 03:18:22.840
 Can you hear me okay?

03:18:22.840 --> 03:18:23.840
 We can.

03:18:23.840 --> 03:18:24.840
 Thank you for your patience.

03:18:24.840 --> 03:18:27.700
 If you'll give us your name and address, your time will begin.

03:18:27.700 --> 03:18:29.300
 Absolutely.

03:18:29.300 --> 03:18:36.300
 My name is Jason Jolavet and I live at 2008 Prescott Downs Drive.

03:18:36.300 --> 03:18:41.260
 About 1100 feet from this behemoth, so I won't see it.

03:18:41.260 --> 03:18:46.940
 I didn't get a card, but I'm very, very concerned about this project.

03:18:46.940 --> 03:18:51.220
 You know, I'm not really a community type person.

03:18:51.220 --> 03:18:52.300
 You know, I didn't get involved.

03:18:52.300 --> 03:18:59.100
 I got involved because it didn't seem like the outreach for this was there.

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

03:19:04.460 --> 03:19:10.500
 know about this meeting tonight, and so thank you to Stephanie, both Stephanie's, everybody.

03:19:10.500 --> 03:19:17.460
 I really appreciate everybody's passion and I want to echo everything that I heard tonight.

03:19:17.460 --> 03:19:22.300
 You know, I heard the words complementary and compatibility.

03:19:22.300 --> 03:19:23.300
 That's ridiculous.

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

03:19:30.260 --> 03:19:32.900
 is like, you know, I heard the word shoehorn.

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

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

03:19:47.540 --> 03:19:52.620
 same space as 10 to 15 homes is going to cause problems.

03:19:52.620 --> 03:19:53.620
 All sorts of them.

03:19:53.620 --> 03:20:00.300
 You heard about them, environmental, traffic, statistically, crime, our property values

03:20:00.300 --> 03:20:03.500
 will go down, our costs will go up.

03:20:03.500 --> 03:20:07.060
 I mean, it's basically going to destroy the ambience.

03:20:07.060 --> 03:20:08.220
 You know, I walk that path.

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.

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

03:20:24.780 --> 03:20:28.340
 at the density that it is.

03:20:28.340 --> 03:20:30.900
 So that's about all I got.

03:20:30.900 --> 03:20:37.260
 Like I said, I really appreciate that everybody showed up and expressed their passionate opposition

03:20:37.260 --> 03:20:38.940
 to this, because that's what mine is.

03:20:38.940 --> 03:20:40.260
 Thank you very much.

03:20:40.260 --> 03:20:45.060
 Thank you for calling in tonight.

03:20:45.060 --> 03:20:48.300
 Is there anyone else wishing to speak?

03:20:48.300 --> 03:20:49.300
 Okay.

03:20:49.300 --> 03:20:51.740
 Well, one at a time.

03:20:51.740 --> 03:20:55.500
 If you have already spoken on the item, you cannot speak again.

03:20:55.500 --> 03:20:58.780
 So I will ask for those who have not spoken.

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

03:21:02.340 --> 03:21:03.340
 get a card from you later.

03:21:03.340 --> 03:21:04.340
 Hello.

03:21:04.340 --> 03:21:05.340
 My name is Trinidad Ortega.

03:21:05.340 --> 03:21:12.740
 I live on, geez, on Fairmont Park Drive, kind of catty corner from this.

03:21:12.740 --> 03:21:15.740
 I've got two things to say.

03:21:15.740 --> 03:21:18.980
 They talked about that there's already a fence barrier there.

03:21:18.980 --> 03:21:21.700
 It's a five strand barbed wire fence.

03:21:21.700 --> 03:21:23.860
 That's not a barrier.

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

03:21:29.860 --> 03:21:37.620
 that, the little radius where they notify people, if they go back to that picture and

03:21:37.620 --> 03:21:44.140
 see how many houses it actually touched, because they talked about that, the postcards got

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.

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

03:21:54.380 --> 03:21:57.140
 on the left, and then the businesses.

03:21:57.140 --> 03:21:58.260
 So those are two big things.

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

03:22:04.420 --> 03:22:08.460
 notification ring that they showed.

03:22:08.460 --> 03:22:09.460
 Thank you.

03:22:09.460 --> 03:22:15.620
 Thank you for sharing your thoughts.

03:22:15.620 --> 03:22:21.260
 Anyone else wishing to speak, who has not, please come down, state your name and address.

03:22:21.260 --> 03:22:22.260
 Your time will begin.

03:22:22.260 --> 03:22:23.260
 Good day, board members.

03:22:23.260 --> 03:22:24.260
 My name is Bill Lundgren.

03:22:24.260 --> 03:22:25.260
 I live at 2301 Fairmount Park Drive.

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.

03:22:36.540 --> 03:22:41.700
 I guess my issues is the density.

03:22:41.700 --> 03:22:43.220
 How tall did they say the building was?

03:22:43.220 --> 03:22:44.220
 50 feet?

03:22:44.220 --> 03:22:45.220
 53 feet?

03:22:45.220 --> 03:22:50.540
 That's the tallest building in several miles in any direction.

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

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.

03:23:08.060 --> 03:23:11.140
 People are talking about the fence and the access to the pond.

03:23:11.140 --> 03:23:16.460
 That fence only runs up to where the pharmacy drive is at.

03:23:16.460 --> 03:23:18.660
 It's a non-barrier.

03:23:18.660 --> 03:23:20.660
 It's just not there.

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

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.

03:23:33.340 --> 03:23:39.780
 I can't imagine what it's going to be like with 95 more households there.

03:23:39.780 --> 03:23:43.300
 There's no amenities in that complex.

03:23:43.300 --> 03:23:45.740
 Ours is right there.

03:23:45.740 --> 03:23:55.100
 One walk around, right past the pharmacy, into the pond, to our playground, our picnic pavilion,

03:23:55.100 --> 03:23:57.900
 all that stuff, it's all right there.

03:23:57.900 --> 03:24:01.140
 It's just too many people in one spot.

03:24:01.140 --> 03:24:02.340
 Thank you.

03:24:02.340 --> 03:24:04.140
 Thank you.

03:24:04.140 --> 03:24:16.660
 I believe I saw someone else wishing to come down who has not spoken yet.

03:24:16.660 --> 03:24:17.660
 You'll state your name and address.

03:24:17.660 --> 03:24:18.660
 Your time will begin.

03:24:18.660 --> 03:24:19.660
 Hi.

03:24:19.660 --> 03:24:20.660
 Shocking.

03:24:20.660 --> 03:24:21.660
 I'm Stephanie Beckwith.

03:24:21.660 --> 03:24:22.660
 So another Stephanie.

03:24:22.660 --> 03:24:27.020
 I live at 4205 Aqueduct Drive.

03:24:27.020 --> 03:24:31.580
 One thing I wanted to, while we were hearing everybody speak, the city planning person

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

03:24:35.220 --> 03:24:37.100
 going to be an influx in crime.

03:24:37.100 --> 03:24:39.260
 A, they don't live here.

03:24:39.260 --> 03:24:40.260
 They don't live in that neighborhood.

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.

03:24:44.140 --> 03:24:48.180
 But my husband has actually been a police officer with the Denton Police Department

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.

03:24:53.620 --> 03:24:58.220
 He said that apartment complex are going to, just in general, have more crime rate, and

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.

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

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

03:25:15.300 --> 03:25:21.180
 out to the police, a community response, whoever does the public relations with the community,

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

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

03:25:29.940 --> 03:25:30.940
 very generic.

03:25:30.940 --> 03:25:36.980
 And again, we are not opposed to apartments, and Stephanie didn't mention that she also

03:25:36.980 --> 03:25:42.720
 has ownership in a third, one-third ownership in units that this developer owns, and even

03:25:42.720 --> 03:25:47.620
 then as an owner of apartment complex would never do something like this and shoehorn

03:25:47.620 --> 03:25:52.640
 into an established community.

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,

03:25:57.900 --> 03:26:03.140
 they were built after, pretty quickly after the neighborhood was built.

03:26:03.140 --> 03:26:07.660
 Ours says, our neighborhood has been there 15 years, and it's an established neighborhood

03:26:07.660 --> 03:26:12.420
 with pretty much everybody there has families and children, and everybody there takes great

03:26:12.420 --> 03:26:14.500
 pride in their home and maintains their yard.

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

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,

03:26:21.040 --> 03:26:26.320
 I mean, it's a very aesthetically pleasing place to live, and I think that something

03:26:26.320 --> 03:26:32.100
 like this is going to change that.

03:26:32.100 --> 03:26:38.640
 Another point, the staff analysis shows that a small increase to the schools, that's just

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

03:26:43.540 --> 03:26:49.180
 and are waiting for homes to open up, and so this also provides them access.

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

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

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

03:27:02.020 --> 03:27:05.020
 to rush in here just trying to get into the Geier school district.

03:27:05.020 --> 03:27:10.060
 So, that's all I had to say at this point in time.

03:27:10.060 --> 03:27:11.060
 Thank you.

03:27:11.060 --> 03:27:12.060
 Thank you.

03:27:12.060 --> 03:27:13.060
 Thank you for sharing your thoughts.

03:27:13.060 --> 03:27:16.060
 This is a public hearing.

03:27:16.060 --> 03:27:21.040
 Is there anyone wishing to speak who has not done so?

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

03:27:30.960 --> 03:27:33.140
 discussion prior to doing that.

03:27:33.140 --> 03:27:39.460
 Sean, if I could bring you up for a moment.

03:27:39.460 --> 03:27:41.360
 We've had a lot of talk about notification.

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

03:27:49.800 --> 03:27:53.200
 nothing wrong with the notification effort.

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

03:27:57.840 --> 03:28:03.860
 opinion, in the years I have been on P&Z.

03:28:03.860 --> 03:28:07.400
 There's no perfect way to notify everyone.

03:28:07.400 --> 03:28:10.540
 This is the way everyone is notified.

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

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

03:28:23.060 --> 03:28:26.540
 than larger signs, which we have improved over time.

03:28:26.540 --> 03:28:30.900
 We now have the ability to opt in on our website.

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

03:28:38.100 --> 03:28:42.180
 can, and staff does a tremendously great job of it.

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

03:28:46.860 --> 03:28:48.420
 expected and what we do.

03:28:48.420 --> 03:28:49.420
 Thank you.

03:28:49.420 --> 03:28:50.420
 Yes, ma'am.

03:28:50.420 --> 03:28:51.420
 Thank you.

03:28:51.420 --> 03:28:56.620
 Our GIS staff does take the legally marked meets and bounds for the property and then

03:28:56.620 --> 03:29:01.340
 measure out from that to the 200-foot and 500-foot distance.

03:29:01.340 --> 03:29:06.560
 We capture within that 200-foot distance all property owners, and within the 500-foot distance

03:29:06.560 --> 03:29:09.660
 then residents and rate payers.

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

03:29:14.860 --> 03:29:17.100
 distance, the registered mail letters.

03:29:17.100 --> 03:29:18.100
 Okay.

03:29:18.100 --> 03:29:19.100
 Very good.

03:29:19.100 --> 03:29:23.220
 Yes, and I will ... You know what?

03:29:23.220 --> 03:29:24.880
 We're not going to talk from the audience.

03:29:24.880 --> 03:29:28.020
 We can't have that done to have thoughtful discussion.

03:29:28.020 --> 03:29:29.860
 Thank you for the explanation, Sean.

03:29:29.860 --> 03:29:33.540
 Tina, as well, would like to add to that.

03:29:33.540 --> 03:29:35.660
 What I would like to add to Sean's remarks.

03:29:35.660 --> 03:29:40.420
 The 200-foot notification is a requirement from state law.

03:29:40.420 --> 03:29:43.780
 State law says that we have to notify all property owners based upon the latest approved

03:29:43.780 --> 03:29:48.180
 municipal tax roll who own property.

03:29:48.180 --> 03:29:52.180
 That's why we do the 200-foot notification.

03:29:52.180 --> 03:29:56.260
 The city of Denton goes above and beyond the minimum requirement provided for in state

03:29:56.260 --> 03:29:59.820
 law and does the 500-foot postcard notification.

03:29:59.820 --> 03:30:02.160
 We actually send that to current resident.

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

03:30:08.040 --> 03:30:12.340
 that decision to be able to have that notification boundary go beyond that.

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

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

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

03:30:32.940 --> 03:30:36.420
 whoever owns the property, again, based upon the latest municipal tax roll.

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

03:30:40.100 --> 03:30:43.020
 probably not showing up on the latest municipal tax rolls.

03:30:43.020 --> 03:30:45.620
 But that's why we do the duplication notification effort.

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

03:30:49.420 --> 03:30:53.300
 the commitment to its residents for providing that additional notification.

03:30:53.300 --> 03:30:54.500
 And Commissioner Ellis is correct.

03:30:54.500 --> 03:31:00.220
 We've recently rolled out an opt-in notification system where people can request to receive

03:31:00.220 --> 03:31:04.100
 notifications regarding projects occurring within a certain distance.

03:31:04.100 --> 03:31:06.220
 You get to specify the distance.

03:31:06.220 --> 03:31:10.300
 You can go to our City of Denton website, cityofdenton.com.

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

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

03:31:19.660 --> 03:31:20.660
 notifications.

03:31:20.660 --> 03:31:24.540
 It's specific to development applications that have public hearings associated with them,

03:31:24.540 --> 03:31:28.620
 so specific use permit requests and zoning change requests.

03:31:28.620 --> 03:31:29.620
 Thank you, Tina.

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

03:31:35.260 --> 03:31:36.260
 bus.

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

03:31:41.340 --> 03:31:43.460
 that, if you can.

03:31:43.460 --> 03:31:44.460
 Thank you.

03:31:44.460 --> 03:31:49.380
 Unfortunately, bus routes are not something we can necessarily speak to because DISD does

03:31:49.380 --> 03:31:52.460
 redesign those routes on a regular basis in response to changes in development.

03:31:52.460 --> 03:31:53.460
 Okay.

03:31:53.460 --> 03:31:54.460
 My apologies.

03:31:54.460 --> 03:31:55.460
 I do appreciate that.

03:31:55.460 --> 03:31:57.020
 And sir, I see your hands up.

03:31:57.020 --> 03:31:59.460
 We don't do question and answer.

03:31:59.460 --> 03:32:01.780
 So we're going to continue our discussion.

03:32:01.780 --> 03:32:04.820
 Commissioner Smith, I believe you are first on the floor.

03:32:04.820 --> 03:32:05.820
 Thank you, Chair.

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

03:32:11.060 --> 03:32:12.060
 fencing there whatsoever.

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.

03:32:16.820 --> 03:32:20.980
 So new fencing is not permitted, existing fencing can be maintained.

03:32:20.980 --> 03:32:29.540
 It is possible to apply for a variance to replace an existing fence with something that

03:32:29.540 --> 03:32:33.160
 would be similar in its impact in the flood plain.

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

03:32:39.520 --> 03:32:41.260
 flow through.

03:32:41.260 --> 03:32:43.940
 There is the potential for the city engineer to approve that variance.

03:32:43.940 --> 03:32:44.940
 Gotcha.

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

03:32:48.460 --> 03:32:49.460
 the HOA's property?

03:32:49.460 --> 03:32:51.020
 That is on the applicant's property.

03:32:51.020 --> 03:32:52.020
 Okay.

03:32:52.020 --> 03:32:53.020
 Got it.

03:32:53.020 --> 03:32:54.020
 Thank you.

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

03:32:58.940 --> 03:33:01.040
 bring it up in work session.

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

03:33:05.700 --> 03:33:09.300
 is underground parking garage because I wasn't going to go super in depth on it.

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

03:33:13.740 --> 03:33:18.700
 pond and then the other private pond in the HOA, that being possibly having some flooding

03:33:18.700 --> 03:33:19.700
 issues?

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?

03:33:23.900 --> 03:33:24.980
 Yeah, definitely.

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

03:33:29.340 --> 03:33:34.140
 not shown as clearly on these plans, but there are actually two underground detention areas

03:33:34.140 --> 03:33:38.660
 provided underneath the parking pavement in addition to the pond that's shown there in

03:33:38.660 --> 03:33:41.940
 order to address those potential additional drainage issues.

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

03:33:46.900 --> 03:33:50.980
 until all drainage issues had been addressed according to our Denton development plan.

03:33:50.980 --> 03:33:51.980
 Gotcha.

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

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,

03:34:03.780 --> 03:34:06.220
 what does the applicant have to do to go through and do that?

03:34:06.220 --> 03:34:10.940
 Would that, since the stop sign could technically be partially on their property and then on

03:34:10.940 --> 03:34:16.140
 the commercial properties land as well, what would that process look like?

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

03:34:20.740 --> 03:34:25.580
 be entirely on their property and that would be something that they could provide, I believe,

03:34:25.580 --> 03:34:28.140
 without needing to do anything with the adjacent property.

03:34:28.140 --> 03:34:29.140
 Gotcha.

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

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

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

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

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.

03:34:51.860 --> 03:34:54.220
 How about we save that for the matrix and not in this discussion?

03:34:54.220 --> 03:34:55.220
 Yeah, that's fine.

03:34:55.220 --> 03:34:56.220
 I just wanted to bring that up, but we'll talk about that in a second.

03:34:56.220 --> 03:34:57.220
 Mr. Anderson.

03:34:57.220 --> 03:34:58.220
 Thank you, Chair.

03:34:58.220 --> 03:34:59.220
 I'm good, Sean.

03:34:59.220 --> 03:35:00.220
 I don't need to.

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

03:35:12.220 --> 03:35:15.940
 about what you . . . expressing your views regarding this project, but first I'd like

03:35:15.940 --> 03:35:19.140
 to address Mr. Yates for a second.

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

03:35:23.340 --> 03:35:25.700
 to what you said.

03:35:25.700 --> 03:35:32.820
 You stated that the council . . . I take offense to what you said about the council.

03:35:32.820 --> 03:35:37.460
 As Chairwoman Ellis stated, this board is made up of non-paid volunteers that are actually

03:35:37.460 --> 03:35:41.820
 looking out for the residents of the city.

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

03:35:45.580 --> 03:35:47.500
 for this position as well.

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.

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

03:35:59.380 --> 03:36:01.060
 growing counties in the nation.

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

03:36:05.020 --> 03:36:08.420
 us meet the criteria that are set before us.

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

03:36:12.220 --> 03:36:16.060
 in 1976 when I was a little kid.

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

03:36:19.780 --> 03:36:22.460
 was approximately 40,000 to 50,000 people.

03:36:22.460 --> 03:36:26.300
 We've grown tremendously since, now we're over 120-something thousand people.

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

03:36:31.460 --> 03:36:32.460
 born and raised here.

03:36:32.460 --> 03:36:35.660
 I was born and raised here as well as another person up here on the council.

03:36:35.660 --> 03:36:37.460
 So we do look out for the city.

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.

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

03:36:45.500 --> 03:36:46.500
 the city.

03:36:46.500 --> 03:36:52.100
 Well, I think you're incorrect, and I call it as I see it as well.

03:36:52.100 --> 03:36:58.460
 But anyways, regarding the apartments, I do agree with a lot of what you're saying.

03:36:58.460 --> 03:37:02.420
 There's no amenities for the residents of the apartment complex, pool, park, lake, or

03:37:02.420 --> 03:37:03.420
 anything.

03:37:03.420 --> 03:37:07.380
 There's only one major entrance, kind of one major exit.

03:37:07.380 --> 03:37:11.900
 We've had this project come in before us another time on another project.

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

03:37:16.140 --> 03:37:21.140
 that are going to live there because if there's a catastrophe happens, they're stuck.

03:37:21.140 --> 03:37:22.840
 They're on an island.

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

03:37:27.460 --> 03:37:32.300
 gentleman that's an EMT, fire paramedic, thank you for your service.

03:37:32.300 --> 03:37:33.760
 He sees it all the time.

03:37:33.760 --> 03:37:37.820
 So that's kind of one thing I don't like about this project as well.

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

03:37:44.340 --> 03:37:49.980
 have to leave and go through a commercial property.

03:37:49.980 --> 03:37:51.260
 That just doesn't sit well either.

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.

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.

03:38:00.020 --> 03:38:01.620
 I can't remember who it was.

03:38:01.620 --> 03:38:06.560
 But anyway, you said trying to back out of a parking spot.

03:38:06.560 --> 03:38:07.560
 It's rough.

03:38:07.560 --> 03:38:10.460
 I mean, I've been over there multiple times anyways.

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

03:38:13.660 --> 03:38:16.460
 for the children of that apartment complex.

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

03:38:21.540 --> 03:38:22.540
 walk around.

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

03:38:24.740 --> 03:38:25.740
 have anything.

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.

03:38:27.980 --> 03:38:28.980
 They're going to want to do it.

03:38:28.980 --> 03:38:31.900
 So anyway, with that, I'll close out my time.

03:38:31.900 --> 03:38:33.360
 Thank you, Commissioner Anderson.

03:38:33.360 --> 03:38:35.020
 Commissioner McDade, I believe you're on.

03:38:35.020 --> 03:38:36.740
 Thank you, Madam Chair.

03:38:36.740 --> 03:38:41.580
 I would just like to thank everyone for coming out and voicing your concerns.

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

03:38:47.300 --> 03:38:49.300
 right now.

03:38:49.300 --> 03:38:58.620
 Honestly, when they send out the notifications, if 70% of the notifications go to commercial

03:38:58.620 --> 03:39:02.420
 business, I think that's a disservice to the community.

03:39:02.420 --> 03:39:05.660
 I would love to see a modification to that.

03:39:05.660 --> 03:39:07.780
 That way it includes more homeowners.

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

03:39:11.020 --> 03:39:12.360
 for that.

03:39:12.360 --> 03:39:16.900
 My biggest concern is the traffic.

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

03:39:21.660 --> 03:39:25.220
 no longer going to run, so the kids are going to have to walk to school.

03:39:25.220 --> 03:39:30.300
 But now you're adding another 216 cars into traffic.

03:39:30.300 --> 03:39:32.900
 That concerns me.

03:39:32.900 --> 03:39:35.380
 I have a big concern with that.

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

03:39:45.420 --> 03:39:50.700
 it out to the commercial businesses, I'm not trying to be disrespectful, but they could

03:39:50.700 --> 03:39:52.700
 care less.

03:39:52.700 --> 03:39:55.060
 It's the community who has to live with this.

03:39:55.060 --> 03:40:00.460
 So I appreciate everyone coming out and voicing your concern, but I can honestly say this

03:40:00.460 --> 03:40:03.500
 is something that I cannot get on board with.

03:40:03.500 --> 03:40:05.860
 Thank you.

03:40:05.860 --> 03:40:08.860
 Commissioner Cole.

03:40:08.860 --> 03:40:11.980
 Thank you, Chair.

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

03:40:28.300 --> 03:40:32.260
 McDade said, you know, I've been there where you are.

03:40:32.260 --> 03:40:35.460
 Most of us here have.

03:40:35.460 --> 03:40:38.580
 All our neighborhoods are changing.

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.

03:40:44.140 --> 03:40:51.900
 Well, now we're surrounded by industrial floodlights.

03:40:51.900 --> 03:40:57.340
 You know, my old sunset's gone, you know?

03:40:57.340 --> 03:41:03.980
 And we sit up here and we give our time.

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

03:41:10.300 --> 03:41:16.460
 just turn the spigot of growth off, but you can't.

03:41:16.460 --> 03:41:19.020
 You can't.

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

03:41:25.380 --> 03:41:32.600
 life since 1967, and my family settled here in the 1800s.

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.

03:41:44.980 --> 03:41:48.360
 We're not greedy.

03:41:48.360 --> 03:41:51.000
 We're not out for development.

03:41:51.000 --> 03:41:58.100
 We're trying to be right down the middle as best we can.

03:41:58.100 --> 03:42:01.340
 And we've made some hard votes.

03:42:01.340 --> 03:42:06.500
 I've been on the bad end of those in my neighborhood.

03:42:06.500 --> 03:42:10.060
 Almost everybody has.

03:42:10.060 --> 03:42:18.980
 You know, 2017 alone, 2,000 companies left the state of California and came to Texas.

03:42:18.980 --> 03:42:24.580
 That's just 2017.

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

03:42:30.940 --> 03:42:33.940
 months and a quarter.

03:42:33.940 --> 03:42:37.060
 You know, we have a housing issue here.

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

03:42:41.340 --> 03:42:43.340
 in Denton.

03:42:43.340 --> 03:42:48.100
 It didn't exist.

03:42:48.100 --> 03:42:51.300
 I have -- I have issues with this project.

03:42:51.300 --> 03:42:54.900
 I do.

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

03:43:01.580 --> 03:43:05.640
 all of us the best use of that property.

03:43:05.640 --> 03:43:09.700
 One gentleman, you know, said a park.

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

03:43:17.940 --> 03:43:21.100
 going to go there and it ain't going to be a park.

03:43:21.100 --> 03:43:26.140
 It's private property, you know.

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

03:43:33.220 --> 03:43:44.100
 and our integrity was being attacked when we're just volunteering for our city.

03:43:44.100 --> 03:43:49.020
 That's Commissioner Cole.

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.

03:43:55.780 --> 03:43:58.100
 Thank you all for coming out and speaking.

03:43:58.100 --> 03:44:00.980
 This is how this works.

03:44:00.980 --> 03:44:03.260
 That's why we hold public hearings.

03:44:03.260 --> 03:44:10.100
 Citizen involvement is imperative to share whether or not whatever the commission and

03:44:10.100 --> 03:44:15.260
 ultimately the City Council decides this is always important.

03:44:15.260 --> 03:44:18.300
 Stay involved and be communicative.

03:44:18.300 --> 03:44:19.580
 That's what it's all about.

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

03:44:24.420 --> 03:44:32.180
 come before us, listening to our incredibly talented staff who go through each project

03:44:32.180 --> 03:44:35.140
 painstakingly as a group.

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

03:44:41.700 --> 03:44:43.020
 a great job.

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.

03:44:49.260 --> 03:44:50.760
 We have a code to follow.

03:44:50.760 --> 03:44:58.460
 We have guidelines to follow and they bring before us and council their best analysis

03:44:58.460 --> 03:45:01.240
 of every project.

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

03:45:08.780 --> 03:45:12.260
 we can which we are about to do shortly.

03:45:12.260 --> 03:45:22.140
 With that being said, typically a multifamily project is a good buffer between a neighborhood

03:45:22.140 --> 03:45:25.820
 and a commercial development.

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

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

03:45:42.100 --> 03:45:51.340
 all kinds of site constraints here that certainly give me pause to what's before us.

03:45:51.340 --> 03:45:59.820
 When I make a vote, I do it individually and take it very seriously.

03:45:59.820 --> 03:46:04.980
 There's no rubber stamping going on in this city, sir.

03:46:04.980 --> 03:46:08.620
 That being said, Commissioner Smith, you have a motion to make.

03:46:08.620 --> 03:46:09.620
 Sure.

03:46:09.620 --> 03:46:10.620
 Thank you, Chair.

03:46:10.620 --> 03:46:12.820
 I'll say a few words and then I'll make my motion.

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,

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,

03:46:22.780 --> 03:46:25.700
 you know, hey, I'm an OG, what's up.

03:46:25.700 --> 03:46:29.300
 The eat at Alibaba, heck, in high school, I swam in your pool.

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

03:46:33.640 --> 03:46:35.220
 I commiserate with you.

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

03:46:40.680 --> 03:46:44.340
 if it was faithfully or not, but that's up to her, just kidding.

03:46:44.340 --> 03:46:46.340
 We do this, it's a thankless job.

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.

03:46:53.660 --> 03:46:57.040
 We get up, we go to work, we repeat.

03:46:57.040 --> 03:47:03.700
 So I'm going to echo what my fellow commissioners and the Chair have said.

03:47:03.700 --> 03:47:06.220
 We don't rubber stamp anything, folks.

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

03:47:11.420 --> 03:47:12.420
 apply.

03:47:12.420 --> 03:47:16.740
 There is an application on the website, your city councilman would love to have you volunteer

03:47:16.740 --> 03:47:19.060
 for these positions and be up here.

03:47:19.060 --> 03:47:20.060
 You'll get paid in pizza.

03:47:20.060 --> 03:47:24.500
 It's melon mushroom, it's pretty good, so you guys can come check that out.

03:47:24.500 --> 03:47:28.820
 Now with that said, the intent, I think, of the applicant is honorable, and I greatly

03:47:28.820 --> 03:47:32.860
 appreciate it, and city staff has done an awesome job on this project, working through

03:47:32.860 --> 03:47:36.420
 its intricacies and its difficulties.

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

03:47:43.140 --> 03:47:46.780
 types of discussions before, and they're hard to go through.

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

03:47:52.380 --> 03:47:57.460
 off of what the Denton Plan 2040 says, what Texas Local Government Code says, what our

03:47:57.460 --> 03:48:03.320
 development code, the Denton Development Code says, and vote for what we think is abiding

03:48:03.320 --> 03:48:08.140
 by that, and staff has given us a recommendation for approval tonight.

03:48:08.140 --> 03:48:13.020
 Now with all that said, this meets those standards.

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

03:48:17.140 --> 03:48:20.380
 said, I will say that I do not agree.

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

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

03:48:33.300 --> 03:48:35.300
 that being out there.

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

03:48:41.540 --> 03:48:46.460
 probably seen and voted in approval or in favor of many multifamily projects across

03:48:46.460 --> 03:48:51.260
 the city, the two that are in process on Teasley included.

03:48:51.260 --> 03:48:58.460
 I think that those projects did not impede upon private citizens and their HOA paid amenities.

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

03:49:02.740 --> 03:49:05.740
 from access to those areas now.

03:49:05.740 --> 03:49:09.260
 So with that said, I am going to make a motion to deny.

03:49:09.260 --> 03:49:14.620
 We have a motion on the floor for denial.

03:49:14.620 --> 03:49:15.620
 Commissioner Villarreal.

03:49:15.620 --> 03:49:17.700
 Yes, just a few words.

03:49:17.700 --> 03:49:18.900
 Thank you all for coming.

03:49:18.900 --> 03:49:22.980
 I have long been an advocate for taking community concern into consideration.

03:49:22.980 --> 03:49:26.580
 There is a reason why we have a Volunteer Citizen Commission, to approve permits of

03:49:26.580 --> 03:49:31.740
 this nature, and this is another opportunity for us to side with the neighborhood.

03:49:31.740 --> 03:49:35.980
 For that reason, I am moving to deny, and I am seconding.

03:49:35.980 --> 03:49:42.540
 We've got a first and a second on the floor for denial discussion.

03:49:42.540 --> 03:49:43.540
 Commissioner Pruitt.

03:49:43.540 --> 03:49:44.540
 Thank you, Chair.

03:49:44.540 --> 03:49:49.660
 First of all, thank you for the good discussion, I think the questions and the presentations

03:49:49.660 --> 03:49:51.300
 really covered it all.

03:49:51.300 --> 03:49:58.580
 I don't think anybody has any confusion over what this is.

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

03:50:06.580 --> 03:50:12.140
 would we build there if nothing else existed yet, but we have to understand that staff

03:50:12.140 --> 03:50:16.580
 is working with these applicants to figure out what is the best possible thing that could

03:50:16.580 --> 03:50:18.780
 go there now.

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

03:50:24.420 --> 03:50:25.980
 that does not exist.

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

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

03:50:40.260 --> 03:50:47.300
 going to give you an imagining of a alternative situation where these neighborhoods still

03:50:47.300 --> 03:50:51.860
 exist, where it's hopeful instead of hurtful.

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

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

03:51:05.140 --> 03:51:07.060
 other neighborhood.

03:51:07.060 --> 03:51:15.540
 Maybe the HOA talks to the apartment manager and says, "Hey, you guys are coming over

03:51:15.540 --> 03:51:16.540
 here.

03:51:16.540 --> 03:51:21.020
 Why don't we ... We're about to experience an increase in HOA fees.

03:51:21.020 --> 03:51:22.700
 Why don't we do something together?

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."

03:51:26.180 --> 03:51:35.920
 Obviously, those may not seem likely to the viewpoints that are in the room today.

03:51:35.920 --> 03:51:43.100
 I wish we could start thinking about people as people, as opposed to other people, and

03:51:43.100 --> 03:51:58.140
 I wish that we would understand that constraints exist, but they are independent of the good

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.

03:52:02.780 --> 03:52:03.780
 Thank you.

03:52:03.780 --> 03:52:06.820
 Thanks, Commissioner Pruitt.

03:52:06.820 --> 03:52:08.780
 We have a first and a second for denial.

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

03:52:13.860 --> 03:52:16.700
 we take a vote.

03:52:16.700 --> 03:52:23.620
 With my vote, I've always ... I'm never about going against somebody developing their land.

03:52:23.620 --> 03:52:25.660
 I think that's important.

03:52:25.660 --> 03:52:37.860
 Property rights are important, but I also have always been about neighborhood protection.

03:52:37.860 --> 03:52:39.940
 This land is suburban corridor.

03:52:39.940 --> 03:52:49.940
 There's a lot that could go here, and multi-family is not a ridiculous ask.

03:52:49.940 --> 03:52:54.300
 I think with the site constraints, however, the way the building is proposed, it's out

03:52:54.300 --> 03:52:58.300
 of scale with what we have around it.

03:52:58.300 --> 03:53:00.140
 You've got community pharmacy.

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.

03:53:06.500 --> 03:53:08.220
 It serves the neighborhood.

03:53:08.220 --> 03:53:12.460
 I'm all for multiple options for people to live.

03:53:12.460 --> 03:53:13.820
 We need apartment complexes.

03:53:13.820 --> 03:53:17.500
 No matter how much people want to complain that there's too many, we need them.

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

03:53:20.900 --> 03:53:27.620
 fill them, because an empty apartment complex does nobody any good, so they are needed.

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

03:53:35.460 --> 03:53:37.020
 complex like they're all criminals.

03:53:37.020 --> 03:53:39.060
 I think that's unfair.

03:53:39.060 --> 03:53:46.740
 However, that being said, 53-foot building on this site, where it's located with its

03:53:46.740 --> 03:53:53.740
 constraints is not smart use of this property.

03:53:53.740 --> 03:54:05.340
 I think suggesting that someone go through this very busy retail parking lot as another

03:54:05.340 --> 03:54:11.020
 way to access out onto a road is irresponsible, honestly, for us as a city.

03:54:11.020 --> 03:54:12.020
 I'm in there shopping.

03:54:12.020 --> 03:54:14.740
 I'm at Sprouts at least twice a week.

03:54:14.740 --> 03:54:18.620
 I'm at the pet supermarket on the regular.

03:54:18.620 --> 03:54:23.540
 It's difficult even now to navigate that parking lot sometimes.

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

03:54:27.460 --> 03:54:33.060
 more people and cars and whatnot.

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.

03:54:41.620 --> 03:54:43.980
 I think it's an irresponsible choice.

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.

03:54:49.700 --> 03:54:52.340
 You're not adding quite as many people.

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

03:54:57.140 --> 03:55:10.180
 a neighborhood to a commercial property with multi-family in between is a typical development.

03:55:10.180 --> 03:55:13.620
 That being said, thank you again for coming out and speaking out.

03:55:13.620 --> 03:55:16.040
 We do have a motion on the floor.

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

03:55:33.540 --> 03:55:34.780
 have a discussion from here.

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

03:55:41.700 --> 03:55:45.320
 to any discussion that was brought up, we can.

03:55:45.320 --> 03:55:47.500
 I will call for a vote shortly.

03:55:47.500 --> 03:55:50.660
 Okay, appreciate that.

03:55:50.660 --> 03:55:55.820
 Just to hit on some of the things that were brought up, stop sign, for sure.

03:55:55.820 --> 03:55:57.420
 That's not an issue.

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

03:56:02.860 --> 03:56:05.860
 green space in there.

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,

03:56:09.700 --> 03:56:11.700
 a lot of green space.

03:56:11.700 --> 03:56:17.020
 The fence that's there, again, there's some limitations there.

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

03:56:25.860 --> 03:56:28.100
 an option.

03:56:28.100 --> 03:56:32.480
 On those three points, we really don't have an issue.

03:56:32.480 --> 03:56:37.300
 Just to compare the multi-family that was just approved earlier tonight, that was also

03:56:37.300 --> 03:56:39.940
 a four-story, that was also in a residential neighborhood.

03:56:39.940 --> 03:56:43.100
 I don't believe it had an HOA there.

03:56:43.100 --> 03:56:45.460
 That was approved 7-0.

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

03:56:53.100 --> 03:56:54.100
 R7?

03:56:54.100 --> 03:56:56.060
 Craig, I could be wrong on that.

03:56:56.060 --> 03:56:59.960
 We're actually in the right zoning.

03:56:59.960 --> 03:57:03.860
 We're not asking for any subsidies for our project.

03:57:03.860 --> 03:57:07.920
 This is a quality.

03:57:07.920 --> 03:57:10.420
 Quality projects will have good neighbors.

03:57:10.420 --> 03:57:14.940
 I think it's an improvement for the site.

03:57:14.940 --> 03:57:20.500
 The site can't just remain nothing there, so something will go there.

03:57:20.500 --> 03:57:23.820
 We think this is a good use.

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

03:57:26.940 --> 03:57:29.420
 general.

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

03:57:37.340 --> 03:57:42.200
 to the one that was just approved earlier this evening.

03:57:42.200 --> 03:57:45.220
 Appreciate your consideration on those points.

03:57:45.220 --> 03:57:53.520
 If you want to ask me any questions, feel free.

03:57:53.520 --> 03:57:54.520
 I don't see any questions.

03:57:54.520 --> 03:58:01.100
 Thank you for sharing your thoughts with us.

03:58:01.100 --> 03:58:05.540
 I guess just to comment real quick, and then we're going to vote.

03:58:05.540 --> 03:58:10.860
 It's why we hear everything individually, because every site is unique, and every situation

03:58:10.860 --> 03:58:11.860
 is unique.

03:58:11.860 --> 03:58:18.260
 Just because an apartment complex is approved somewhere and maybe not in another, it's not

03:58:18.260 --> 03:58:19.260
 the same thing.

03:58:19.260 --> 03:58:21.920
 Everything has to be looked at individually.

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.

03:58:31.500 --> 03:58:33.920
 Commissioner Smith, how say you?

03:58:33.920 --> 03:58:35.880
 Aye.

03:58:35.880 --> 03:58:37.180
 Commissioner Villarreal?

03:58:37.180 --> 03:58:39.140
 Aye.

03:58:39.140 --> 03:58:40.140
 Commissioner Cole?

03:58:40.140 --> 03:58:41.800
 Aye.

03:58:41.800 --> 03:58:43.340
 Commissioner Anderson?

03:58:43.340 --> 03:58:45.060
 Aye.

03:58:45.060 --> 03:58:46.060
 Commissioner McDade?

03:58:46.060 --> 03:58:47.060
 Aye.

03:58:47.060 --> 03:58:48.060
 Commissioner Pruitt?

03:58:48.060 --> 03:58:49.060
 Nay.

03:58:49.060 --> 03:58:52.580
 The chair is an aye.

03:58:52.580 --> 03:58:56.940
 That motion will carry 6-1.

03:58:56.940 --> 03:59:04.540
 This will go next to City Council on September 27th.

03:59:04.540 --> 03:59:08.180
 It will be a public hearing item for them.

03:59:08.180 --> 03:59:14.260
 With our recommendation for denial, I believe they will need a super majority at Council.

03:59:14.260 --> 03:59:17.340
 Is that correct, Hillary?

03:59:17.340 --> 03:59:18.340
 Thank you very much.

03:59:18.340 --> 03:59:23.600
 I am going to call a recess here at 923 so we can clear the room.

03:59:23.600 --> 03:59:26.540
 We do have two more public hearing items to hear.

03:59:26.540 --> 03:59:29.820
 Why don't we go ahead and take a 10-minute break?

03:59:29.820 --> 03:59:36.740
 Thank you.

03:59:36.740 --> 03:59:39.820
 Thank you, everyone, for your patience and allowing us to take a brief recess.

03:59:39.820 --> 03:59:43.660
 I will call us back to order at 936 p.m.

03:59:43.660 --> 03:59:47.020
 We are on to our next public hearing item for this evening.

03:59:47.020 --> 03:59:48.500
 It's 5DZ22-0006.

03:59:48.500 --> 03:59:54.460
 I will invite Ron up for presentation and open the public hearing.

03:59:54.460 --> 03:59:55.460
 Hello, Ron.

03:59:55.460 --> 03:59:58.980
 Thank you, Madam Chair, members of the commission, Ron Mingata, principal planner with Development

03:59:58.980 --> 03:59:59.980
 Services.

03:59:59.980 --> 04:00:04.860
 This item for your consideration is a rezoning change for property.

04:00:04.860 --> 04:00:11.260
 The property is located on the northeast corner of Thomas Egan Road and University Drive.

04:00:11.260 --> 04:00:14.060
 It's approximately 9.56 acres.

04:00:14.060 --> 04:00:19.060
 As you can see with this exhibit here to the right, it is currently undeveloped.

04:00:19.060 --> 04:00:23.780
 The intention of the applicant is to develop with an industrial use, specifically a building.

04:00:23.780 --> 04:00:28.100
 I want to make note that the property, the two tracks north of this subject property

04:00:28.100 --> 04:00:31.660
 is also owned by the property owner and applicant.

04:00:31.660 --> 04:00:37.900
 For the future land use map, the subject area is designated as light industrial.

04:00:37.900 --> 04:00:44.340
 By definition or description that is of the light industrial is intended for light industrial

04:00:44.340 --> 04:00:50.780
 activity, specifically along adequate access, and if there is easy transition, that is also

04:00:50.780 --> 04:00:53.220
 part of that designation.

04:00:53.220 --> 04:01:00.260
 Per development code, approval criteria for approval, it meets the criteria.

04:01:00.260 --> 04:01:03.820
 The proposal is consistent, again, with the future land use map.

04:01:03.820 --> 04:01:07.980
 The goals and policies of the comprehensive plan, consistent with the purpose of an LI

04:01:07.980 --> 04:01:11.260
 zoning district, which is what's being requested.

04:01:11.260 --> 04:01:17.300
 The zoning will not, at least not anticipated to generate significant adverse environmental

04:01:17.300 --> 04:01:21.740
 impact infrastructure or fiscal impacts related to that.

04:01:21.740 --> 04:01:27.460
 Utilities and infrastructure, when developed, can be served and meet the capacity for the

04:01:27.460 --> 04:01:31.580
 proposed use or zoning.

04:01:31.580 --> 04:01:36.500
 Publications were sent out to property owners, six specifically to property owners, three

04:01:36.500 --> 04:01:42.620
 to residents within the area, and as of this afternoon, this evening, there has been no

04:01:42.620 --> 04:01:46.180
 written response submitted to staff.

04:01:46.180 --> 04:01:51.120
 With that, staff recommends approval as it, again, meets the development code approval

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.

04:01:58.420 --> 04:02:04.180
 The applicant is here if you have any questions for the applicant.

04:02:04.180 --> 04:02:05.460
 Thank you, Ron.

04:02:05.460 --> 04:02:11.380
 Any questions for Ron at this moment?

04:02:11.380 --> 04:02:17.100
 I will ask you this as staff was looking over this.

04:02:17.100 --> 04:02:21.100
 This is just down the road recently where we had an LI discussion.

04:02:21.100 --> 04:02:28.220
 I know it's not exactly the same thing, but it is in a similar area.

04:02:28.220 --> 04:02:35.620
 This is a little bit more rural, but yeah, we still have plenty of residences.

04:02:35.620 --> 04:02:43.300
 Did staff think through any kind of neighborhood protection, think about any of that before

04:02:43.300 --> 04:02:45.780
 just recommending this straight ally zoning?

04:02:45.780 --> 04:02:46.780
 Yeah, no, certainly.

04:02:46.780 --> 04:02:52.180
 We looked at different, even particularly different zoning district, but I know that

04:02:52.180 --> 04:02:56.820
 with the development code, there's actually built-in buffer and screening requirements.

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,

04:03:02.460 --> 04:03:03.820
 the properties to the north.

04:03:03.820 --> 04:03:08.100
 Again, that's probably where you're referring to a more rural agriculture.

04:03:08.100 --> 04:03:15.540
 I think ultimately, the general or the comprehensive plan shows that area to be developing more

04:03:15.540 --> 04:03:17.020
 intense use.

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,

04:03:23.340 --> 04:03:25.300
 all of that was taken into consideration.

04:03:25.300 --> 04:03:30.900
 Specifically, again, with those built-in buffer requirements and screening and landscaping,

04:03:30.900 --> 04:03:33.900
 we felt comfortable with the ally.

04:03:33.900 --> 04:03:40.860
 I guess my concern is with a domino effect from these other R2 designations along 380,

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

04:03:47.380 --> 04:03:53.260
 the east of there, it's like Willow, Cottonwood.

04:03:53.260 --> 04:03:58.140
 I think those are maybe one acre, but it's more of like a neighborhood.

04:03:58.140 --> 04:04:02.340
 It's not a huge neighborhood, but there are several single-family residences not too far

04:04:02.340 --> 04:04:07.300
 down the road from this particular parcel.

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

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,

04:04:19.820 --> 04:04:21.180
 we will look at that now.

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

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.

04:04:33.900 --> 04:04:34.900
 Okay.

04:04:34.900 --> 04:04:35.900
 Thanks, Ron.

04:04:35.900 --> 04:04:36.900
 That helps.

04:04:36.900 --> 04:04:37.900
 You're welcome.

04:04:37.900 --> 04:04:38.900
 Appreciate it.

04:04:38.900 --> 04:04:39.900
 Commissioner Pruitt.

04:04:39.900 --> 04:04:40.900
 Thank you, Chair.

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.

04:04:44.420 --> 04:04:51.100
 I recall maybe a couple of years ago, there was a voluntary annexation and then rezoning

04:04:51.100 --> 04:04:54.180
 for a subdivision down south of Hickory Creek.

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,

04:05:00.900 --> 04:05:06.660
 we had the voluntary annexation come before council or PNZ and then council, and then

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

04:05:13.460 --> 04:05:17.000
 zoning that was in the city into their new zoning.

04:05:17.000 --> 04:05:19.660
 That seems like it was a different order than this.

04:05:19.660 --> 04:05:25.900
 Is the order of doing the annexation and the rezoning something that staff just leaves

04:05:25.900 --> 04:05:29.900
 up to the applicant however they want, or is that something that we typically prefer

04:05:29.900 --> 04:05:31.500
 in one way or another?

04:05:31.500 --> 04:05:32.500
 Certainly.

04:05:32.500 --> 04:05:35.100
 Obviously, that's an option as well.

04:05:35.100 --> 04:05:40.640
 We did discuss that with the applicant and actually advised them to do so, but again,

04:05:40.640 --> 04:05:44.440
 we don't have a say if they do or not.

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

04:05:49.620 --> 04:05:52.420
 can probably better explain to why that is.

04:05:52.420 --> 04:05:53.500
 Thank you.

04:05:53.500 --> 04:05:54.900
 Thank you.

04:05:54.900 --> 04:05:56.500
 Anything else for Brown at this time?

04:05:56.500 --> 04:05:57.500
 Okay.

04:05:57.500 --> 04:05:58.500
 Okay.

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 ...

04:06:03.980 --> 04:06:12.300
 Yeah, well, come on up and I'll let you do that.

04:06:12.300 --> 04:06:13.300
 And hi.

04:06:13.300 --> 04:06:14.300
 Hi.

04:06:14.300 --> 04:06:15.300
 My name is Justin Toon.

04:06:15.300 --> 04:06:17.260
 How are you all tonight?

04:06:17.260 --> 04:06:20.380
 Yeah, just happy to hear to answer questions.

04:06:20.380 --> 04:06:21.380
 Okay.

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-

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.

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

04:06:38.860 --> 04:06:45.340
 the city limits for rezoning before you go through the voluntary annexation process?

04:06:45.340 --> 04:06:46.340
 Yes, sir.

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

04:06:52.900 --> 04:06:59.460
 as well, but after further discussion with Ron and actually he had spoken with Yale's

04:06:59.460 --> 04:07:06.980
 legal department as well, there wasn't any way to tie the two together and guarantee

04:07:06.980 --> 04:07:08.820
 that we would get the preferred zoning.

04:07:08.820 --> 04:07:15.020
 And so what we elected to do is it would take an additional rezoning step.

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

04:07:21.540 --> 04:07:30.000
 willing to do that in order to ensure that we get the rezoning that we desired.

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

04:07:37.300 --> 04:07:42.980
 zoning might go through if you were to choose to be voluntarily annexed?

04:07:42.980 --> 04:07:43.980
 Correct.

04:07:43.980 --> 04:07:44.980
 Okay.

04:07:44.980 --> 04:07:45.980
 Thank you.

04:07:45.980 --> 04:07:53.180
 Yes, Hillary.

04:07:53.180 --> 04:07:54.180
 Thank you.

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

04:07:57.540 --> 04:07:58.940
 bit of additional color.

04:07:58.940 --> 04:07:59.940
 Thank you.

04:07:59.940 --> 04:08:05.380
 Tying an annexation and a rezoning together saying that we will annex if we get preferred

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

04:08:12.980 --> 04:08:16.900
 action from a risk perspective.

04:08:16.900 --> 04:08:17.900
 Thank you.

04:08:17.900 --> 04:08:18.900
 Thank you.

04:08:18.900 --> 04:08:20.140
 Appreciate that.

04:08:20.140 --> 04:08:22.140
 Any other questions at the moment?

04:08:22.140 --> 04:08:23.140
 Any applicant?

04:08:23.140 --> 04:08:24.140
 Okay.

04:08:24.140 --> 04:08:25.140
 Thank you for coming up and answering that one.

04:08:25.140 --> 04:08:26.140
 Yes.

04:08:26.140 --> 04:08:27.140
 Thank you.

04:08:27.140 --> 04:08:29.220
 I do have one card here.

04:08:29.220 --> 04:08:32.740
 It is in support of this item and it's Sylvia Phillips.

04:08:32.740 --> 04:08:35.100
 Oh, she did leave.

04:08:35.100 --> 04:08:36.100
 Okay.

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

04:08:40.660 --> 04:08:41.660
 tonight.

04:08:41.660 --> 04:08:44.460
 I don't have any other cards on this item.

04:08:44.460 --> 04:08:47.860
 Is there anyone here wishing to speak?

04:08:47.860 --> 04:08:50.440
 Okay.

04:08:50.440 --> 04:08:52.820
 Seeing none and I don't have any callers for this.

04:08:52.820 --> 04:08:57.700
 I will close the public hearing and open the floor for a motion or discussion.

04:08:57.700 --> 04:09:00.100
 Commissioner Pruitt, you're still on there, but is that from previous?

04:09:00.100 --> 04:09:01.100
 Okay.

04:09:01.100 --> 04:09:02.100
 Commissioner Smith.

04:09:02.100 --> 04:09:03.100
 Make a motion to approve.

04:09:03.100 --> 04:09:04.100
 Okay.

04:09:04.100 --> 04:09:05.100
 Commissioner Anderson?

04:09:05.100 --> 04:09:06.100
 A second.

04:09:06.100 --> 04:09:07.100
 Okay.

04:09:07.100 --> 04:09:08.820
 We've got a first and a second for approval.

04:09:08.820 --> 04:09:11.100
 Is there further discussion?

04:09:11.100 --> 04:09:14.400
 Okay.

04:09:14.400 --> 04:09:15.400
 Seeing none.

04:09:15.400 --> 04:09:17.260
 I will take a roll call vote.

04:09:17.260 --> 04:09:18.260
 Commissioner Smith?

04:09:18.260 --> 04:09:19.260
 Aye.

04:09:19.260 --> 04:09:20.260
 Commissioner Anderson?

04:09:20.260 --> 04:09:21.260
 Aye.

04:09:21.260 --> 04:09:22.260
 Commissioner Cole?

04:09:22.260 --> 04:09:23.260
 Aye.

04:09:23.260 --> 04:09:24.260
 Commissioner Villarreal?

04:09:24.260 --> 04:09:25.260
 Aye.

04:09:25.260 --> 04:09:26.260
 Commissioner McDade?

04:09:26.260 --> 04:09:27.260
 Aye.

04:09:27.260 --> 04:09:28.260
 Commissioner Pruitt?

04:09:28.260 --> 04:09:29.260
 Aye.

04:09:29.260 --> 04:09:30.820
 Chair has an aye.

04:09:30.820 --> 04:09:33.600
 That motion carries seven zero.

04:09:33.600 --> 04:09:41.180
 That will take us to our final public hearing item for tonight, 5E DCA22-0004.

04:09:41.180 --> 04:09:46.260
 We'll invite Ron up for presentation and open the public hearing.

04:09:46.260 --> 04:09:53.940
 Thank you, Madam Chair, for my presentation real quick.

04:09:53.940 --> 04:09:59.700
 Presented to you this evening is a proposed code amendment to our parking requirements.

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

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

04:10:06.360 --> 04:10:09.580
 sure that I did share this information.

04:10:09.580 --> 04:10:15.660
 Obviously, the reasons why we have parking regulations is really to find an actual parking

04:10:15.660 --> 04:10:22.100
 need or address a parking need without going below or above that, but also to mitigate

04:10:22.100 --> 04:10:26.900
 a couple of other things as well, mitigate traffic, enhance the vehicle and bicycle and

04:10:26.900 --> 04:10:33.860
 pedestrian safety as a result of the parking being provided, multimodal transportation

04:10:33.860 --> 04:10:39.860
 options, encourage that as well, address the storm water and heat runoff or heat island

04:10:39.860 --> 04:10:46.860
 effect that is, address water quality and as part of the landscaping and screening buffering,

04:10:46.860 --> 04:10:51.340
 provide some mitigation to address any adverse visual impact.

04:10:51.340 --> 04:10:56.420
 There are several sections of the code that talk specifically to exemptions.

04:10:56.420 --> 04:10:59.940
 Parking is exempt if a property is less than $5,000.

04:10:59.940 --> 04:11:06.740
 In the MD zoning district, there are exemptions for residential developments less than 10

04:11:06.740 --> 04:11:08.540
 or fewer units.

04:11:08.540 --> 04:11:12.060
 Non-residential developments are not required to provide additional parking, again, in the

04:11:12.060 --> 04:11:15.180
 MD zoning district.

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

04:11:20.540 --> 04:11:22.540
 in the code that you see here.

04:11:22.540 --> 04:11:28.660
 These are options that can go below the requirements, but they can also increase.

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

04:11:33.340 --> 04:11:36.220
 considered by the planning director.

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

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

04:11:46.820 --> 04:11:47.820
 go through.

04:11:47.820 --> 04:11:54.260
 Also, to further clarify that is, some of the requirements and also add some procedures

04:11:54.260 --> 04:11:58.980
 to help with some of that flexibility that we talked about earlier.

04:11:58.980 --> 04:12:02.700
 Before bringing it forward to the Planning Zoning Commission, the Denton Development

04:12:02.700 --> 04:12:09.940
 Code Review Committee did meet with staff and staff presented this item to them four

04:12:09.940 --> 04:12:10.940
 specific times.

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

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

04:12:20.940 --> 04:12:25.060
 here on the right.

04:12:25.060 --> 04:12:32.220
 Real quickly, the uses that are being proposed to amend the parking code requirements are

04:12:32.220 --> 04:12:35.540
 town homes, duplex and manufactured home development.

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

04:12:40.580 --> 04:12:43.260
 per dwelling unit.

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

04:12:49.500 --> 04:12:55.420
 as well as provide one space for each employee on the largest shift.

04:12:55.420 --> 04:13:00.340
 For religious assembly, wanting to use not necessarily the square footage of one space

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

04:13:08.140 --> 04:13:13.860
 and again that would be one space per four occupancy load.

04:13:13.860 --> 04:13:19.780
 Business trade school, college and university, because of the type of schools and programs

04:13:19.780 --> 04:13:26.500
 that many of these schools have differences, we wanted to give them the flexibility and

04:13:26.500 --> 04:13:32.700
 make that parking requirement based off of what their needs are so a direct determination

04:13:32.700 --> 04:13:37.420
 is what staff's proposing for these two uses.

04:13:37.420 --> 04:13:41.980
 Student school and public school, we spent some time with this with the DCRC.

04:13:41.980 --> 04:13:48.460
 We also communicated or worked with DISD staff and based on their input we are proposing

04:13:48.460 --> 04:13:51.900
 elementary or middle school to be one space per 12 students.

04:13:51.900 --> 04:13:56.620
 In high school, one space per two students design capacity.

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

04:14:02.220 --> 04:14:08.820
 the employee need for parking and lastly guest parking spaces as well, often schools have

04:14:08.820 --> 04:14:13.900
 events and other programs and this is to address those parking needs.

04:14:13.900 --> 04:14:21.260
 Restaurants, private club, bar, tavern and lounge, we did speak to this or I presented

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

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

04:14:30.980 --> 04:14:38.320
 load for that particular use in that building and one space per four occupancy load plus

04:14:38.320 --> 04:14:41.820
 one space for each employee on the largest shift.

04:14:41.820 --> 04:14:49.300
 Again also adding additional parking for those takeout events as well as where folks have

04:14:49.300 --> 04:14:57.200
 deliveries they can have a particular space dedicated just for them up to five spaces.

04:14:57.200 --> 04:15:03.460
 We jump into the craft alcohol production, we are again going away from the one space

04:15:03.460 --> 04:15:08.440
 per 1,000 square feet production area and focusing on the number of employees on the

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

04:15:13.480 --> 04:15:21.420
 per four occupancy load again to be consistent with the restaurant requirements as well.

04:15:21.420 --> 04:15:28.620
 Food processing as well as warehouse manufacturing and other manufacturing we are proposing one

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

04:15:35.540 --> 04:15:43.300
 of gross floor area, 3,500 square feet really was developed using other cities that have

04:15:43.300 --> 04:15:45.420
 actually similar developments.

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

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.

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,

04:16:02.340 --> 04:16:07.820
 we are adding a director determination for the ability to reduce the number of parking

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.

04:16:17.260 --> 04:16:24.100
 Lastly multifamily dwelling we added to the mixed use and non-residential development

04:16:24.100 --> 04:16:27.140
 regarding infill and redevelopment.

04:16:27.140 --> 04:16:31.340
 If a development were to propose multifamily they would be able to reduce their parking

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

04:16:37.660 --> 04:16:40.180
 project.

04:16:40.180 --> 04:16:44.340
 That concludes my presentation and I will stand for any questions.

04:16:44.340 --> 04:16:45.760
 Thank you Ron.

04:16:45.760 --> 04:16:47.120
 Commissioner Villarreal.

04:16:47.120 --> 04:16:51.940
 Thank you for the presentation Ron and thank you for everything you have done on this.

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

04:16:57.180 --> 04:17:03.660
 and brought forward and in theory having parking minimums makes sense and increasing the minimums

04:17:03.660 --> 04:17:10.620
 to match current restaurant standards makes sense, but when we had the lower minimums

04:17:10.620 --> 04:17:16.140
 the restaurants you presented already exceeded the minimum and not only the initial minimum

04:17:16.140 --> 04:17:20.260
 that we have currently, but they would have exceeded the new minimum and the folks who

04:17:20.260 --> 04:17:26.620
 are coming forward with consternation and have difficulties with this amendment want

04:17:26.620 --> 04:17:27.940
 below the minimum.

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

04:17:34.420 --> 04:17:40.400
 restaurants and why does it make sense from your perspective to increase it to match where

04:17:40.400 --> 04:17:43.220
 restaurants are already going towards, right?

04:17:43.220 --> 04:17:48.220
 Can we continue to allow restaurants to make those own determinations?

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

04:17:54.380 --> 04:17:59.380
 really that, but I wanted to share with you how the new code would apply.

04:17:59.380 --> 04:18:02.260
 To your first question, why should we have a minimum for restaurants?

04:18:02.260 --> 04:18:04.780
 I think you referenced restaurants specifically.

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

04:18:09.420 --> 04:18:15.300
 obviously the number of parking spaces also gets impacted, right?

04:18:15.300 --> 04:18:20.160
 And so we don't want cars to overflow onto adjacent streets or adjacent neighborhoods

04:18:20.160 --> 04:18:27.620
 so having that minimum ensures that public health safety is provided and addressed traffic

04:18:27.620 --> 04:18:30.220
 and safety and all of the above.

04:18:30.220 --> 04:18:36.300
 So that's why we have a minimum for parking for that particular use.

04:18:36.300 --> 04:18:41.420
 Should we just eliminate minimum parkings altogether and have the restaurants or the

04:18:41.420 --> 04:18:44.300
 uses make that determination?

04:18:44.300 --> 04:18:45.300
 That's really hard to say.

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.

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

04:18:52.460 --> 04:18:57.180
 is what we would recommend.

04:18:57.180 --> 04:18:59.900
 Thank you.

04:18:59.900 --> 04:19:00.900
 Thanks Ron.

04:19:00.900 --> 04:19:01.900
 Commissioner Anderson.

04:19:01.900 --> 04:19:02.900
 Thanks Chair.

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

04:19:08.020 --> 04:19:12.940
 that are already in smaller established little areas that they're going to still be okay,

04:19:12.940 --> 04:19:13.940
 correct?

04:19:13.940 --> 04:19:14.940
 That's correct.

04:19:14.940 --> 04:19:20.740
 Any existing restaurants would be fined or obviously be non-conforming, however if a

04:19:20.740 --> 04:19:26.020
 restaurant use was to be taken over by another restaurant obviously they would still continue

04:19:26.020 --> 04:19:30.500
 because they're occupying an existing resident, I'm sorry restaurant use.

04:19:30.500 --> 04:19:33.500
 And also for taverns and bars and stuff like this as well.

04:19:33.500 --> 04:19:39.520
 Yes, every all the uses that are listed here are all the same.

04:19:39.520 --> 04:19:47.260
 And Ron to clarify, this does not apply to MD District, correct?

04:19:47.260 --> 04:19:53.540
 As I mentioned earlier, any uses both residential and non-residential in the MD Zoning District,

04:19:53.540 --> 04:19:59.420
 which is pretty much the downtown area and the surrounding areas would not, would still

04:19:59.420 --> 04:20:02.420
 be exempt from these parking requirements.

04:20:02.420 --> 04:20:03.420
 Right.

04:20:03.420 --> 04:20:04.420
 Okay.

04:20:04.420 --> 04:20:05.420
 Commissioner Smith.

04:20:05.420 --> 04:20:06.420
 Thank you Chair.

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,

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?

04:20:18.100 --> 04:20:20.820
 Is that the certificate of occupancy process?

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

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

04:20:31.700 --> 04:20:33.420
 before they begin that process?

04:20:33.420 --> 04:20:34.420
 Right.

04:20:34.420 --> 04:20:39.620
 So obviously they're submittal for their application, obviously they're going to submit an expansion

04:20:39.620 --> 04:20:43.500
 based on the existing square footage and we calculate, there's a definition for how square

04:20:43.500 --> 04:20:45.820
 footage is calculated.

04:20:45.820 --> 04:20:52.900
 That number, anything 50% or below would follow just that particular area and providing that

04:20:52.900 --> 04:20:53.900
 additional parking.

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

04:20:58.900 --> 04:21:02.060
 requirements in place during that time.

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

04:21:07.600 --> 04:21:10.300
 I do another 40% expansion?

04:21:10.300 --> 04:21:15.300
 So there should be some, yeah, some project management there and of course we would try

04:21:15.300 --> 04:21:17.500
 to keep track of that as much as possible.

04:21:17.500 --> 04:21:18.500
 Okay.

04:21:18.500 --> 04:21:22.660
 And then I know on nonconformities from my time on DCRC that on nonconformities in the

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

04:21:26.260 --> 04:21:31.300
 fire or something else that happens, that when that building gets rebuilt it then is

04:21:31.300 --> 04:21:34.180
 falling, now has to fall underneath the new code, correct?

04:21:34.180 --> 04:21:37.660
 So that would remain the same with parking requirements?

04:21:37.660 --> 04:21:38.660
 Correct.

04:21:38.660 --> 04:21:40.020
 That would follow as well.

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

04:21:47.260 --> 04:21:48.260
 apply.

04:21:48.260 --> 04:21:52.340
 Now they also have the ability to apply for a variance in that particular case through

04:21:52.340 --> 04:21:54.580
 the Zoning Board of Adjustments, so that's something else too.

04:21:54.580 --> 04:21:55.580
 Okay.

04:21:55.580 --> 04:21:58.540
 They can only apply for a variance in that specific instance of a destruction of the

04:21:58.540 --> 04:21:59.540
 building.

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

04:22:02.940 --> 04:22:04.780
 for a variance in all scenarios?

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

04:22:09.400 --> 04:22:13.460
 or decrease their parking, there's all the other alternatives that we discussed earlier

04:22:13.460 --> 04:22:16.460
 that they can submit to the planning director to review.

04:22:16.460 --> 04:22:17.460
 Okay.

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.

04:22:21.460 --> 04:22:22.460
 There are some opportunities.

04:22:22.460 --> 04:22:23.460
 Absolutely.

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

04:22:26.660 --> 04:22:31.000
 during the work session and I think we discussed also that there are options and flexibility

04:22:31.000 --> 04:22:37.740
 built into the parking requirements to allow for these uses to submit their studies to

04:22:37.740 --> 04:22:39.260
 support their request.

04:22:39.260 --> 04:22:40.260
 Okay.

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

04:22:44.820 --> 04:22:45.820
 owners now is the only problem.

04:22:45.820 --> 04:22:46.820
 Right.

04:22:46.820 --> 04:22:50.100
 And I mean they have to certainly provide the research and support.

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

04:22:53.180 --> 04:22:54.180
 data.

04:22:54.180 --> 04:22:55.180
 Gotcha.

04:22:55.180 --> 04:22:56.180
 Thanks.

04:22:56.180 --> 04:22:58.740
 Commissioner Anderson, do you want to open up?

04:22:58.740 --> 04:22:59.740
 Yes.

04:22:59.740 --> 04:23:00.740
 Yes.

04:23:00.740 --> 04:23:01.740
 One more thing.

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

04:23:07.580 --> 04:23:09.620
 to the parking code, correct?

04:23:09.620 --> 04:23:10.620
 Because there is no place to park.

04:23:10.620 --> 04:23:11.620
 There is no parking requirement.

04:23:11.620 --> 04:23:12.620
 Right.

04:23:12.620 --> 04:23:13.620
 Okay.

04:23:13.620 --> 04:23:14.620
 There's no parking code in the MD district.

04:23:14.620 --> 04:23:15.620
 I appreciate the question.

04:23:15.620 --> 04:23:22.860
 All this stuff, so.

04:23:22.860 --> 04:23:23.860
 Commissioner Pruitt.

04:23:23.860 --> 04:23:25.380
 Thank you, Chair.

04:23:25.380 --> 04:23:26.540
 Just a couple of questions.

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

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

04:23:36.800 --> 04:23:42.500
 me kind of what multiplier increase we're talking about for the restaurant specific

04:23:42.500 --> 04:23:48.140
 use in those examples that you brought between the current requirement and the proposed requirement?

04:23:48.140 --> 04:23:49.140
 It's quite a lot.

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,

04:23:55.800 --> 04:24:01.300
 required based on the new requirements, and again, that's just to address just the employee,

04:24:01.300 --> 04:24:08.100
 but also the square footages just seem to be not the appropriate way of calculating parking.

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

04:24:14.020 --> 04:24:15.020
 jump.

04:24:15.020 --> 04:24:16.020
 Okay.

04:24:16.020 --> 04:24:17.020
 Thank you.

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

04:24:19.300 --> 04:24:28.580
 the code, how many percent of changes to the building is complex.

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

04:24:33.900 --> 04:24:38.580
 that increases the nonconformity.

04:24:38.580 --> 04:24:45.360
 So in this case, say, heaven forbid we have another pandemic, but say something happens

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

04:24:49.420 --> 04:24:51.460
 lot in an existing parking space.

04:24:51.460 --> 04:24:54.620
 Would that be allowed or not?

04:24:54.620 --> 04:24:57.340
 So repeat that one more time.

04:24:57.340 --> 04:24:59.740
 What was being proposed?

04:24:59.740 --> 04:25:05.460
 To do some alteration to the property, say put some outdoor seating down where a parking

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

04:25:12.100 --> 04:25:13.100
 at that time.

04:25:13.100 --> 04:25:19.900
 So obviously if there were to add seating or area, then the occupancy load would have

04:25:19.900 --> 04:25:24.460
 to increase, and therefore the parking requirement would have to be adjusted, and so they would

04:25:24.460 --> 04:25:27.740
 need to provide, if that is the case, additional parking on site.

04:25:27.740 --> 04:25:28.740
 Okay.

04:25:28.740 --> 04:25:31.860
 And then just one last thing.

04:25:31.860 --> 04:25:36.340
 You mentioned, and thank you for covering the reasons that we do this, because this

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

04:25:41.000 --> 04:25:49.020
 in the details, and that's probably mostly my fault, but I'll take a breath.

04:25:49.020 --> 04:25:55.540
 You talked about some of those spillover effects of illegal parking or parking on a street

04:25:55.540 --> 04:26:04.780
 that you're not supposed to park on, safety issues, that sort of thing.

04:26:04.780 --> 04:26:10.500
 Have we experienced those because of our current parking requirement number in Denton that

04:26:10.500 --> 04:26:11.500
 we've seen?

04:26:11.500 --> 04:26:12.660
 Can you give us an example?

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.

04:26:18.540 --> 04:26:23.740
 I think that was one where they had to identify additional parking, I think mainly because

04:26:23.740 --> 04:26:25.580
 they didn't have enough parking for their employees.

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

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.

04:26:35.700 --> 04:26:39.940
 So things like that, that was one example I'm familiar with.

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

04:26:46.700 --> 04:26:51.180
 on adjacent properties, now either permitted or not permitted.

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

04:26:56.220 --> 04:26:57.220
 parking per se.

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

04:27:03.380 --> 04:27:05.440
 street and there's not enough room for that.

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

04:27:14.300 --> 04:27:16.940
 and that they're not overflowing onto the street.

04:27:16.940 --> 04:27:17.940
 Sure, I understand.

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?

04:27:21.860 --> 04:27:23.460
 Were they able to work through those issues?

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

04:27:27.780 --> 04:27:28.780
 additional parking.

04:27:28.780 --> 04:27:32.260
 Okay, thank you.

04:27:32.260 --> 04:27:33.260
 Thanks Ron.

04:27:33.260 --> 04:27:37.580
 I think that might be all the questions for the moment.

04:27:37.580 --> 04:27:40.820
 I do have several cards to speak on this item.

04:27:40.820 --> 04:27:43.700
 The first one I have is James McBennett.

04:27:43.700 --> 04:27:48.460
 Hi, if you'll state your name and address, your time will begin.

04:27:48.460 --> 04:27:50.660
 Hi, I'm James McBennett, 818 West Oak.

04:27:50.660 --> 04:27:54.220
 I just moved here a week ago, so I do not have experience of...

04:27:54.220 --> 04:27:55.220
 Well, welcome.

04:27:55.220 --> 04:27:56.220
 Thank you.

04:27:56.220 --> 04:28:00.060
 But I have studied cities since I've been 18 years old, right from architecture school

04:28:00.060 --> 04:28:03.220
 and onward.

04:28:03.220 --> 04:28:06.820
 Looking at it from an economics perspective, from an architecture perspective, from a quality

04:28:06.820 --> 04:28:12.740
 of life perspective, from a healthy city perspective, from a cost of living perspective, from pretty

04:28:12.740 --> 04:28:17.540
 much every perspective I know, parking minimums are an absolutely terrible idea.

04:28:17.540 --> 04:28:19.540
 They are the laughing stock of the world.

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

04:28:24.380 --> 04:28:25.380
 at.

04:28:25.380 --> 04:28:30.580
 It is really responsible for the worst kind of urbanism.

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

04:28:35.180 --> 04:28:40.500
 any kind, and I really think it's a terrible idea to increase them.

04:28:40.500 --> 04:28:43.940
 I think, so you build a city and they will come.

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

04:28:47.300 --> 04:28:51.020
 increase the number of parking spaces, you just have more sprawl, more people spreading

04:28:51.020 --> 04:28:53.060
 out.

04:28:53.060 --> 04:28:57.580
 From a more recent perspective, gas prices in Norway went up to $20 a gallon.

04:28:57.580 --> 04:29:00.340
 They only went to a fraction of that here.

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

04:29:04.780 --> 04:29:08.580
 a city in this way.

04:29:08.580 --> 04:29:10.120
 That's basically my point.

04:29:10.120 --> 04:29:11.120
 Thank you.

04:29:11.120 --> 04:29:15.020
 Thank you, and welcome to town.

04:29:15.020 --> 04:29:17.460
 Next card I have is Desiree Wiley.

04:29:17.460 --> 04:29:18.460
 Hi.

04:29:18.460 --> 04:29:19.460
 Hi.

04:29:19.460 --> 04:29:24.500
 You probably know the drill by now, you've been here a while.

04:29:24.500 --> 04:29:25.500
 Yes.

04:29:25.500 --> 04:29:26.500
 My name is Desiree Wiley, 1316 Kendal Drive.

04:29:26.500 --> 04:29:28.860
 I own Loco Cafe right up the street.

04:29:28.860 --> 04:29:31.820
 A lot of my questions have already been answered.

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

04:29:38.460 --> 04:29:41.740
 multiple businesses in that one building.

04:29:41.740 --> 04:29:47.100
 Sorry, I don't speak in front of people a lot.

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

04:29:54.220 --> 04:29:59.940
 responsible for, then the hair salon down the way, versus maybe another business moves

04:29:59.940 --> 04:30:00.940
 in?

04:30:00.940 --> 04:30:05.500
 Is that something that a landlord would be responsible for?

04:30:05.500 --> 04:30:07.620
 How would you designate those spots?

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

04:30:13.540 --> 04:30:15.260
 I had.

04:30:15.260 --> 04:30:21.260
 Who would be responsible for building those spots, I guess, if you're a landlord versus

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

04:30:26.580 --> 04:30:32.100
 for them was the question I had, and that was pretty much it.

04:30:32.100 --> 04:30:34.660
 I think most of my other ones were answered through that.

04:30:34.660 --> 04:30:35.660
 Okay.

04:30:35.660 --> 04:30:36.660
 Thank you.

04:30:36.660 --> 04:30:37.660
 Okay.

04:30:37.660 --> 04:30:40.180
 Thanks, Desiree.

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.

04:30:49.220 --> 04:30:51.940
 First of all, Loco's in MD District, as far as I know.

04:30:51.940 --> 04:30:52.940
 No.

04:30:52.940 --> 04:30:53.940
 You're not.

04:30:53.940 --> 04:30:54.940
 Okay.

04:30:54.940 --> 04:30:55.940
 Parkway, right?

04:30:55.940 --> 04:30:56.940
 Just north of Parkway?

04:30:56.940 --> 04:30:57.940
 Congress.

04:30:57.940 --> 04:30:58.940
 Congress.

04:30:58.940 --> 04:30:59.940
 Sorry, Congress.

04:30:59.940 --> 04:31:00.940
 Okay.

04:31:00.940 --> 04:31:01.940
 Yes.

04:31:01.940 --> 04:31:02.940
 That would not apply, but-

04:31:02.940 --> 04:31:03.940
 Okay.

04:31:03.940 --> 04:31:10.180
 Yeah, can you maybe get offline with her then?

04:31:10.180 --> 04:31:11.180
 Yes, yes, yes.

04:31:11.180 --> 04:31:12.180
 Yeah.

04:31:12.180 --> 04:31:14.140
 Because it's applying directly to your, right?

04:31:14.140 --> 04:31:15.140
 You have an individual concern?

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,

04:31:24.140 --> 04:31:25.140
 or-

04:31:25.140 --> 04:31:26.140
 Okay.

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

04:31:30.860 --> 04:31:31.860
 on here.

04:31:31.860 --> 04:31:34.660
 I'm going to call up Ken Curran.

04:31:34.660 --> 04:31:35.660
 There you are.

04:31:35.660 --> 04:31:36.660
 Hi.

04:31:36.660 --> 04:31:37.660
 I'm Ken Curran.

04:31:37.660 --> 04:31:45.180
 I'm at 600 North Locust right across the street from Desiree, and same concerns.

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

04:31:51.620 --> 04:31:57.260
 of success with the downtown revitalization, and that was due to getting rid of parking

04:31:57.260 --> 04:31:58.340
 requirements.

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?

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

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

04:32:14.180 --> 04:32:21.060
 or statistics that point to that, but it's kind of the shining star of Denton.

04:32:21.060 --> 04:32:24.260
 Everybody, when your family comes to visit, you take them downtown.

04:32:24.260 --> 04:32:27.060
 Why don't we want that to grow?

04:32:27.060 --> 04:32:28.220
 It can.

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

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

04:32:37.620 --> 04:32:39.260
 arbitrary lines on Parkway.

04:32:39.260 --> 04:32:44.140
 I never understood why Parkway was ... If you remember, Parkway used to have a stoplight

04:32:44.140 --> 04:32:45.140
 on it.

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

04:32:51.140 --> 04:32:57.780
 what can go on downtown, it seems like a solution looking for a problem.

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

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

04:33:08.340 --> 04:33:11.460
 to tell you to do with your business."

04:33:11.460 --> 04:33:15.940
 Ten years from now, they may make it more onerous or more difficult.

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

04:33:19.940 --> 04:33:23.940
 in the parking requirements since I've moved into the greenhouse.

04:33:23.940 --> 04:33:25.980
 I used to have 12 spots on Congress Street.

04:33:25.980 --> 04:33:28.220
 When I built the restaurant, the city made me get rid of them.

04:33:28.220 --> 04:33:30.460
 Now, you're telling me you want me to put more parking in.

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.

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

04:33:40.700 --> 04:33:43.420
 other side of Eagle Drive, and I'm going to come back.

04:33:43.420 --> 04:33:46.780
 My biggest obstacle is going to be parking.

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

04:33:51.540 --> 04:33:52.540
 have enough parking for it.

04:33:52.540 --> 04:33:56.740
 I'm already dealing with other departments in the city.

04:33:56.740 --> 04:34:02.180
 How am I going to get the parking for this spot?

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

04:34:06.340 --> 04:34:11.700
 we should do everything we can to encourage more of that, and adding more parking lots,

04:34:11.700 --> 04:34:16.900
 bigger parking lots, more parking spaces is going to put more people in cars, driving

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.

04:34:19.780 --> 04:34:23.020
 I like people that can drive and walk and get to downtown areas.

04:34:23.020 --> 04:34:25.740
 We should look at expanding it, not keeping it small.

04:34:25.740 --> 04:34:27.700
 That's all I got.

04:34:27.700 --> 04:34:30.940
 Thank you, Ken.

04:34:30.940 --> 04:34:33.140
 Next card I have is Sean Hunt.

04:34:33.140 --> 04:34:36.820
 Is Sean here?

04:34:36.820 --> 04:34:40.900
 Okay.

04:34:40.900 --> 04:34:42.340
 Next card I have is Suzanne Rumer.

04:34:42.340 --> 04:34:43.340
 Is that right?

04:34:43.340 --> 04:34:53.340
 Before I start I have a question, public hearings are four minutes for speakers, or three?

04:34:53.340 --> 04:34:54.340
 It's three?

04:34:54.340 --> 04:34:55.340
 Oh darn.

04:34:55.340 --> 04:34:56.340
 I thought I had four.

04:34:56.340 --> 04:34:57.340
 Are you sure?

04:34:57.340 --> 04:34:59.140
 I thought the card said four.

04:34:59.140 --> 04:35:03.140
 It's four, but it's also at the chair's discretion.

04:35:03.140 --> 04:35:05.180
 Oh, so it got shortened.

04:35:05.180 --> 04:35:06.180
 Sorry.

04:35:06.180 --> 04:35:07.180
 Okay.

04:35:07.180 --> 04:35:09.060
 Hi, I'm Suzy Rumer, 1700 Crescent Street.

04:35:09.060 --> 04:35:13.060
 I just wanted to speak in support of anything that would reduce parking requirements and

04:35:13.060 --> 04:35:14.980
 oppose anything that would increase them.

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.

04:35:19.260 --> 04:35:22.940
 He is a retired urban planning professor.

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.

04:35:28.620 --> 04:35:30.780
 I don't intend this as a slight towards planning staff.

04:35:30.780 --> 04:35:32.200
 I love our planning staff.

04:35:32.200 --> 04:35:35.060
 This is a slight towards parking minimums.

04:35:35.060 --> 04:35:38.820
 Planning education provides no instruction on how practicing planners should set parking

04:35:38.820 --> 04:35:42.280
 requirements, and textbooks offer no help.

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

04:35:46.500 --> 04:35:48.080
 in a lot of planning courses.

04:35:48.080 --> 04:35:53.820
 This distinguished text is the Bible of urban use planning, yet no edition mentions parking.

04:35:53.820 --> 04:35:58.220
 Most texts in regional science, transportation planning, and urban economics also ignore

04:35:58.220 --> 04:35:59.220
 parking.

04:35:59.220 --> 04:36:02.980
 I've asked many professors of urban planning on how planners set parking requirements,

04:36:02.980 --> 04:36:05.340
 and the answer is always no.

04:36:05.340 --> 04:36:09.060
 Perhaps planning students learn almost nothing about parking requirements because their professors

04:36:09.060 --> 04:36:11.500
 know nothing to teach them.

04:36:11.500 --> 04:36:16.220
 How the urban land use with the biggest footprint and profound effect on transportation system

04:36:16.220 --> 04:36:19.820
 has been invisible to scholars in every discipline.

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,

04:36:25.460 --> 04:36:27.420
 accurate way to figure it out.

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.

04:36:31.020 --> 04:36:35.780
 Somebody surveyed, and it's in this book, somebody surveyed 17 home depots.

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

04:36:42.060 --> 04:36:44.660
 of what was required by the city.

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

04:36:49.700 --> 04:36:54.380
 and money.

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

04:37:02.460 --> 04:37:06.580
 eliminating mandatory parking minimums.

04:37:06.580 --> 04:37:08.900
 Everybody has something to gain from it.

04:37:08.900 --> 04:37:12.380
 Conservatives will see that it reduces government regulation.

04:37:12.380 --> 04:37:15.620
 Environmentalists will see that it reduces energy consumption, air pollution, and carbon

04:37:15.620 --> 04:37:16.860
 emissions.

04:37:16.860 --> 04:37:19.640
 Business leaders will see that it unburdens enterprise.

04:37:19.640 --> 04:37:23.600
 New urbanists will see that it enables people to live at high density without being overrun

04:37:23.600 --> 04:37:25.300
 by cars.

04:37:25.300 --> 04:37:29.380
 Libertarians will see that it increases the opportunities for individual choice.

04:37:29.380 --> 04:37:32.260
 Developers will see that it reduces building costs.

04:37:32.260 --> 04:37:36.940
 Local elected officials will see that it reduces traffic congestion, encourages infill redevelopment,

04:37:36.940 --> 04:37:40.700
 and pays for local public services without raising taxes.

04:37:40.700 --> 04:37:45.100
 The current system of planning for parking does such widespread harm that the right reforms

04:37:45.100 --> 04:37:47.300
 can benefit almost everyone.

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

04:37:52.900 --> 04:37:54.220
 overrunning the parking lots.

04:37:54.220 --> 04:37:58.200
 We also have to think about the fiscal sustainability of the city, the environmental sustainability

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

04:38:02.580 --> 04:38:03.580
 the time.

04:38:03.580 --> 04:38:04.580
 Thank you.

04:38:04.580 --> 04:38:05.580
 Thank you, Susie.

04:38:05.580 --> 04:38:14.060
 I'm going to give one more call for Shawn, whose card I have here.

04:38:14.060 --> 04:38:15.180
 Okay.

04:38:15.180 --> 04:38:18.820
 I do not see Shawn.

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

04:38:23.100 --> 04:38:25.580
 spoken on this item.

04:38:25.580 --> 04:38:31.280
 So I will close the public hearing and open the floor for more discussion.

04:38:31.280 --> 04:38:34.140
 Commissioner Smith.

04:38:34.140 --> 04:38:41.140
 Thank you, Chair.

04:38:41.140 --> 04:38:47.080
 There was another person who was here this evening, John Williams, who is a business

04:38:47.080 --> 04:38:48.780
 owner in the downtown area.

04:38:48.780 --> 04:38:52.380
 I think it is important to bring up maybe a point in regards to this.

04:38:52.380 --> 04:38:56.380
 I think the rest of the commission could definitely benefit from here.

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

04:39:03.060 --> 04:39:09.620
 because the Main Street Association is interested in looking at the fact that they required

04:39:09.620 --> 04:39:16.400
 a zero, they had a zero requirement for minimum parking to entice businesses to come downtown.

04:39:16.400 --> 04:39:20.900
 And now they are beginning the discussion to look at changing that because there is

04:39:20.900 --> 04:39:22.740
 now the parking downtown itself.

04:39:22.740 --> 04:39:25.460
 And so I know the MD is excluded from this.

04:39:25.460 --> 04:39:26.660
 I get that point.

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

04:39:30.780 --> 04:39:36.420
 I think that parking requirement while yes, Suzanne, I think that is a fair point, and

04:39:36.420 --> 04:39:43.080
 I certainly can see from the business owner's standpoint having to deal with the limitations

04:39:43.080 --> 04:39:47.180
 on future business growth or the possibility of viability of selling a business later on

04:39:47.180 --> 04:39:50.420
 down the road can be hampered by this.

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

04:39:55.140 --> 04:40:00.860
 the code that is reducing unnecessary parking, specifically in multifamily areas where we

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

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

04:40:12.660 --> 04:40:17.020
 of the things that does hamper the ability for that community fabric to grow and continue

04:40:17.020 --> 04:40:20.780
 to be healthy is it becomes a headache to get anywhere.

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

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

04:40:34.020 --> 04:40:36.860
 150,000 people to do that as well.

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

04:40:41.900 --> 04:40:48.700
 to bring up to the Commission before we get to the motion.

04:40:48.700 --> 04:40:51.900
 I'll allow you a very brief moment if you want to come and rebut that.

04:40:51.900 --> 04:40:56.140
 No, you have to do it from the podium, sir.

04:40:56.140 --> 04:40:57.140
 Thank you.

04:40:57.140 --> 04:40:58.140
 It just sounds like picking winners and losers.

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

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.

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

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

04:41:17.800 --> 04:41:23.180
 kind of parking minimums has been successful to increase business and I'm on board.

04:41:23.180 --> 04:41:27.860
 But you're already showing me a place where you decrease parking minimum, decrease parking

04:41:27.860 --> 04:41:30.940
 requirements and it's been wildly successful.

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

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

04:41:41.100 --> 04:41:44.700
 just blanket everybody with the same kind of thing, you know.

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

04:41:49.700 --> 04:41:52.860
 that now he wants parking and John's a good friend of mine.

04:41:52.860 --> 04:41:53.860
 I love him.

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.

04:41:57.460 --> 04:41:59.420
 But that idea that, Hey, now I'm here.

04:41:59.420 --> 04:42:01.540
 Now let's have parking requirements.

04:42:01.540 --> 04:42:02.820
 I don't know if that's what you were saying.

04:42:02.820 --> 04:42:04.540
 No, he was, what he was saying was that he was concerned.

04:42:04.540 --> 04:42:06.820
 What I don't want to get into is a back and forth discussion.

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

04:42:12.980 --> 04:42:19.180
 being said was that when there was absolutely no parking minimum requirement, it did bring

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

04:42:24.300 --> 04:42:28.780
 now creating limitation for people to even be attracted to go down there because there's

04:42:28.780 --> 04:42:29.780
 no place to park.

04:42:29.780 --> 04:42:33.540
 I think we've all experienced the headaches of having to have parking around the square

04:42:33.540 --> 04:42:34.540
 at the times like that.

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

04:42:37.900 --> 04:42:38.900
 commission for discussion.

04:42:38.900 --> 04:42:39.900
 Thank you.

04:42:39.900 --> 04:42:40.900
 Uh, commissioner Villarreal.

04:42:40.900 --> 04:42:41.900
 Yeah.

04:42:41.900 --> 04:42:42.900
 I have a point of information.

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?

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

04:42:53.860 --> 04:42:56.420
 is what's being presented to us today.

04:42:56.420 --> 04:43:01.700
 Um, but Tina, if you have remarks, I'd love to defer.

04:43:01.700 --> 04:43:02.700
 Okay.

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

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

04:43:14.500 --> 04:43:18.540
 and give us direction as to what you're wanting to see changed.

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

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

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,

04:43:38.460 --> 04:43:44.300
 you could, you could recommend approval as presented with that one tweak.

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

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

04:43:52.540 --> 04:43:58.740
 you might be wanting to contemplate, um, to assess what the best course of action is.

04:43:58.740 --> 04:44:05.060
 So say hypothetically, I wanted to motion that we approve the code amendment with the

04:44:05.060 --> 04:44:07.540
 changes to the retail business section removed.

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

04:44:11.940 --> 04:44:21.340
 the chance to approve it now or is that the chair's discretion?

04:44:21.340 --> 04:44:25.460
 The Planning and Zoning Commission, because this is a zoning process, does have the ability

04:44:25.460 --> 04:44:30.420
 to, you know, recommend that modification to council.

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

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

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

04:44:47.620 --> 04:44:53.700
 to really pick apart the code and making multiple changes throughout, then, then we need to

04:44:53.700 --> 04:44:58.980
 postpone the item and either the commission work through it or divert any potential issues

04:44:58.980 --> 04:45:09.520
 or revert it back to the DCRC to explore those items of concern.

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

04:45:15.060 --> 04:45:17.700
 changes for a discrete reason.

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

04:45:24.180 --> 04:45:30.300
 code amendment, that could get kind of logistically problematic.

04:45:30.300 --> 04:45:31.300
 Right.

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.

04:45:36.340 --> 04:45:37.940
 Let me weigh in here.

04:45:37.940 --> 04:45:38.940
 Okay.

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

04:45:46.780 --> 04:45:47.940
 not going to be happy.

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

04:45:56.620 --> 04:46:05.460
 substantive discussion multiple times and we have hashed out and we have had a very

04:46:05.460 --> 04:46:15.020
 good thoughtful individualized talk about the various deficiencies that are in our code.

04:46:15.020 --> 04:46:19.220
 This was not a discussion about eliminating parking minimums.

04:46:19.220 --> 04:46:20.620
 That was never a discussion.

04:46:20.620 --> 04:46:23.780
 That was not what we were on the table to do.

04:46:23.780 --> 04:46:27.860
 That's a discussion for another time that that could be something that the DCRC could

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

04:46:32.740 --> 04:46:33.740
 we put into this.

04:46:33.740 --> 04:46:36.580
 We were fixing deficiencies that are in our code.

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.

04:46:41.460 --> 04:46:48.020
 We took individualized, we studied, staff studied, what is not working with certain

04:46:48.020 --> 04:46:50.700
 businesses here?

04:46:50.700 --> 04:46:51.700
 What is working?

04:46:51.700 --> 04:46:52.860
 What do we need to change?

04:46:52.860 --> 04:46:54.420
 What is deficient in the code?

04:46:54.420 --> 04:46:56.740
 That's what we're changing here.

04:46:56.740 --> 04:47:04.220
 I appreciate the thoughtful comments and all of this and urbanism is a wonderful concept,

04:47:04.220 --> 04:47:10.740
 a great concept, but once again, that's not what we were discussing here.

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.

04:47:18.980 --> 04:47:27.300
 These changes reduce parking in some instances, increase it in others because it wasn't working.

04:47:27.300 --> 04:47:35.340
 It gives an alternative to staff to reduce parking in certain developments and there's

04:47:35.340 --> 04:47:42.340
 nothing in these changes in my opinion that suggests that the city is focusing on making

04:47:42.340 --> 04:47:44.780
 the city less walkable and less bikeable.

04:47:44.780 --> 04:47:46.460
 That's not the case.

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

04:47:52.940 --> 04:47:59.780
 and it's multimodal and multimodal means walking, biking and yes, driving.

04:47:59.780 --> 04:48:05.940
 I know the European concept is fabulous.

04:48:05.940 --> 04:48:07.300
 I love it myself.

04:48:07.300 --> 04:48:11.180
 I was there last month and I'm heading back there soon.

04:48:11.180 --> 04:48:14.940
 I think it's fantastic.

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

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

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

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

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?

04:48:37.700 --> 04:48:39.140
 People like to live in suburbs.

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

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

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

04:48:59.860 --> 04:49:04.540
 and again, this is not flippant discussion here.

04:49:04.540 --> 04:49:10.620
 This started even before the four meetings that you mentioned, we started certain discussions

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.

04:49:18.240 --> 04:49:20.380
 That's when we started this discussion.

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

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

04:49:31.740 --> 04:49:33.100
 with that.

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

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

04:49:44.060 --> 04:49:51.940
 three members of council but with staff and with business owners and other cities and

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

04:50:00.140 --> 04:50:06.540
 out of what's before you if that helps.

04:50:06.540 --> 04:50:07.540
 Commissioner Pruitt.

04:50:07.540 --> 04:50:10.320
 Thank you chair.

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

04:50:16.700 --> 04:50:18.940
 on this.

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

04:50:26.500 --> 04:50:34.420
 chair Ellis points out and really from my perspective I'll be honest that there are

04:50:34.420 --> 04:50:39.780
 a few slight increases and some other major increases in schools and that kind of thing

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

04:50:48.100 --> 04:50:52.220
 was clear consensus against that position.

04:50:52.220 --> 04:50:59.500
 So from my perspective the thing that there was more discussion about at DCRC was these

04:50:59.500 --> 04:51:06.540
 commercial uses of the restaurants and bars and the craft breweries and that sort of thing

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

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

04:51:22.260 --> 04:51:29.420
 know what examples do we have about a problem and so you brought up the chilies.

04:51:29.420 --> 04:51:36.300
 Are there near term things where this particular provision of the food service and craft brewery

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

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

04:51:49.820 --> 04:51:52.900
 those and and move forward with the rest of the stuff.

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

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

04:52:00.840 --> 04:52:07.080
 for it I just unfortunately I can't think of any recent developments that have been

04:52:07.080 --> 04:52:08.080
 concerned.

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

04:52:15.740 --> 04:52:20.540
 may not be an issue because they are able to find parking adjacent to their property

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

04:52:24.980 --> 04:52:31.660
 trying to find a suitable actual parking for that particular use in this particular one

04:52:31.660 --> 04:52:40.580
 is for restaurants okay and and as presented this amendment and actually our existing code

04:52:40.580 --> 04:52:46.860
 already has some provision for applicants making a case that they need more parking

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

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

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

04:53:03.660 --> 04:53:06.340
 to go through that process.

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

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

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

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

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

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

04:53:52.900 --> 04:53:53.900
 thank you.

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

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

04:54:12.580 --> 04:54:19.380
 to listen to those concerns do my individual research that happened seven months ago I

04:54:19.380 --> 04:54:26.180
 was on the commission for about two months at that point and people can change their

04:54:26.180 --> 04:54:31.460
 considerations they can change their viewpoints on certain issues I agree with Eric that we

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

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

04:54:40.900 --> 04:54:43.140
 just wanted to make that clear.

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

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

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

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

04:55:13.460 --> 04:55:25.180
 discussed or brought to this dais before before the committee agreed to and I am incredibly

04:55:25.180 --> 04:55:33.020
 confused why we're sitting here after all the discussion that we had over many hours

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

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

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

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

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

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

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

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

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

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

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

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

04:56:52.300 --> 04:56:58.220
 Locust Street just north of your you know the the greenhouse and cafe loco you know

04:56:58.220 --> 04:57:02.900
 you have Giuseppe's he's outside of the MR district Giuseppe's if something happened

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

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

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

04:57:19.180 --> 04:57:22.580
 have enough adequate parking for their business because I think they're just they're just

04:57:22.580 --> 04:57:26.580
 losing money so thank you.

04:57:26.580 --> 04:57:32.340
 So once again Commissioner Anderson I will reiterate the fact that the discussion the

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

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

04:57:43.020 --> 04:57:52.200
 types of businesses for things that are broken in our code currently that helps us actually

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

04:57:58.980 --> 04:58:04.420
 types of discussions that we have had over the last couple of years because eliminating

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

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

04:58:14.420 --> 04:58:19.380
 that we should consider so while I understand that there's people who feel passionate about

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

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

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

04:58:41.820 --> 04:58:50.060
 forward no one's making anyone do anything backward no one is making anyone do anything

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

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

04:59:06.820 --> 04:59:12.140
 our DDC is was approved in 2019 already has the parking parking minimum requirements in

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

04:59:18.660 --> 04:59:23.980
 something what we want to do which is more urban walkable more friendly to the mobility

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

04:59:30.380 --> 04:59:36.220
 second okay we have a first and a second for approval Commissioner Pruitt thank you chair

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

04:59:44.220 --> 04:59:49.620
 amendments including bar tavern and a lounge private club restaurant restaurant with drive-thru

04:59:49.620 --> 04:59:58.620
 as well as craft alcohol production and that's it please sorry from a procedural perspective

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

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

05:00:13.100 --> 05:00:21.380
 it yeah you can request a friendly amendment Jesse Davis says there is no friendly amendments

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

05:00:27.780 --> 05:00:34.060
 opportunity to see if someone else would like to second my amendment is that correct at

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

05:02:09.740 --> 05:02:21.420
 to accept a subsequent a motion okay thank you is there further discussion Tina thank

05:02:21.420 --> 05:02:29.560
 you if this motion were to not pass then I would request direction from the commission

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

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

05:02:42.180 --> 05:02:59.100
 Commission would just further evaluate appreciate that let's go ahead and move on this motion

05:02:59.100 --> 05:03:08.660
 and we'll see where we land Commissioner Smith I Commissioner Cole I Commissioner Villarreal

05:03:08.660 --> 05:03:21.260
 I Commissioner Anderson a Commissioner McDade I Commissioner Pruitt a chair is an I that

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

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

05:03:46.180 --> 05:03:52.780
 council action so we had two cases that were recently considered by council there was an

05:03:52.780 --> 05:03:57.620
 alternative ESA plan for Denton Exeter that was approved unanimously but my council if

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

05:04:02.900 --> 05:04:06.940
 and they were restoring an area much larger than what they were disturbing so that was

05:04:06.940 --> 05:04:12.580
 approved the other item was the zoning request for the northeast corner of Locust and Hercules

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

05:04:19.900 --> 05:04:23.620
 facility property that was wanting to do the cell tower and the head surrounding property

05:04:23.620 --> 05:04:30.260
 and council voted to approve the request to SC and they approve that unanimously other

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

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

05:04:41.220 --> 05:04:46.220
 we will update the matrix to remove the annexation presentation item that was given this evening

05:04:46.220 --> 05:04:51.540
 if you felt that was sufficient yeah it was great thank you Commissioner Smith not to

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

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

05:04:58.580 --> 05:05:07.360
 HOA management companies to the notification if the land in which the HOA governs is being

05:05:07.360 --> 05:05:11.580
 notified but only three or four homes within that HOA are actually being notified that

05:05:11.580 --> 05:05:15.660
 it might be helpful just for neighborhood communication and so on so forth within there

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

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

05:05:28.380 --> 05:05:31.420
 considered a property owner and that would have gone to the management company then we

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

05:05:35.340 --> 05:05:38.660
 that knowing that now it does work and they just they didn't communicate their residents

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

05:05:42.620 --> 05:05:47.780
 notify them gotcha and I think what can make that problematic is depending on probably

05:05:47.780 --> 05:05:53.260
 whose address is on the HOA stuff because you have management companies and you have

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

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

05:06:06.300 --> 05:06:12.540
 depending because HOAs are run differently throughout our town is there anything else

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

05:06:20.420 --> 05:06:23.340
 at 10 43 p.m.