Sep 28, 2022 Planning and Zoning Commission on 2022-09-28 5:00 PM

- Good afternoon and welcome to the City of Denton's Planning and Zoning Commission meeting for Wednesday, September 28th. This is our work session and with a quorum present, I will call us to order at 5.02 PM. I'll let the record show that Commissioner Pruitt is absent from our meeting tonight. We don't have any work session reports, so we'll get right into clarification of our agenda for this evening. Our first item on the agenda is the minutes from September 14th. Are there any corrections, discussions, any needs for changes to the minutes? Okay, we'll go to items for individual consideration. 3A is FP 220030. Hi Angie. - Hi, good evening everyone. Angie Mingler, Senior Planner. This is a, sorry, keyboard issues. This is a final plot for Summerwell Denton. 2B, it is approximately 14 acre plot for multifamily development on the west side of Mayhill, 1400 feet south of Spencer Road. At this time, staff is recommending denial of the final plot. However, we have no objections to the one-time extension, which could be granted to a date certain of October 26th. - Great. Questions, Angie? Thank you very much. We'll go to 3B, FP 220029. Hello, Julie. - Good evening, Julie Wyatt, Senior Planner with the City of Denton. This is for a replat of the Loves Travel Stop addition. It is to incorporate property that was not previously platted into the site in order to accommodate text-dot widening. They have some items that they need to correct on the plot, so we are recommending denial. But we have no objection to their requested one-time extension. I'll be happy to answer any questions. - Anything for Julie on this one? Thank you, Julie. But you are gonna take us to 3C right now, FP 220031. - So this is a final plot for the Vintage Ranch. You may remember this one. It was for a multi, a PD amendment was approved for this for a multifamily development in recent memory. They have a preliminary plot approved. They are moving forward with their final plot. They've got some items that they need to address, and so staff is recommending denial. However, we have no objection to their requested extension to October 26th. - Great. Questions for Julie on this one? Thank you very much. Let's go to 3DZCP 220033. Hi Mia, how are you? - I'm good, good evening, everyone. It's not a plaque. Sorry to throw on this off of our regular. Okay, so this is a zoning compliance plan for a medical office building in the Razor Ranch South mixed use district. Of course, this is coming before this body as all zoning compliance plans non in these Razor Ranch South campus has to be reviewed and approved by the planning and zoning commission. It was checked for the per the criteria and the Razor Ranch overlay ordinance and staff is recommending approval of that site plan at this time. - Questions for me on this one? I had one I just had made a note of. So since this is their site plan, we do have in our backup conceptual building elevations. So that doesn't mean they have to decide then on it right now? - So the conceptual is submitted and reviewed in order to check some of the general criteria and namely we have like elevation break requirements that said that you have to have a certain amount of projections and recesses in order to avoid monotony or just to break up that relief, provide that relief, break up those facades. And so it's to check stuff like that. As far as like the specifics though for building, lighting, stuff like that, those are checked at the building permit level. So it's really just it's conceptual and generally sticking to that is what we check for when the zoning compliance plan. - That was mainly, it's just that word seemed weird to me just because they do have to follow so much with overlay. So I was just, it seemed odd that, oh, here's our concept, but are they gonna change outside of what is allowed? - There's certain things as with framing and structuring and stuff that might end up changing one thing here or there, but conceptually, this is what you would be looking at. - And they would still be falling into the overlay district. - Correct, yes ma'am. - Okay, very good, thank you. Any other questions on this one? Thank you very much. All right, then we are gonna, you're staying right up here for 3E PP220023. This is a preliminary plat for the Blue Horseshoe Edition located just west of I-35. They are, they have a few things that they need to address and so staff is recommending denial of this plat at this time. However, we do not have any objection to the requested extension to October 26th. - Great, any questions on this one? Okay, and I believe I heard that 3F has been withdrawn. - Correct. - Okay. So we will not be taking action on 3F tonight, which takes us to our public hearing then. 4A has been withdrawn. So we've just got one public hearing and that's 4B-Z220003. It is your show tonight, ma'am. - Okay, good evening again. This is a request to rezone a total of 2.8 acres from Suburban Corridor and R3 to the Mixed Use MN District. The property is located just north of East University Drive with, I'm sorry, it's currently zoned SC and a portion of it is zoned R3 as sort of a, it was an overlay to the property to the west that is zoned R3 and so just to be able to apply for consistent MN zoning standards, they are including that as a part of this request. Of course, staff did review this request and are recommending approval, mainly allowing for that MN District to actually develop as an MN District. If you recall, staff has determined that a developing land use cannot maintain or cannot obtain access through a zoning district if that zoning district does not permit the developing land use by right. And so there are certain land uses that are permitted within the MN District that would allow for a more cohesive and land use transition from the existing single family to the north and west onto the Suburban Corridor District and that would not be, that basically would not be permitted if the parcel as it is right now was to maintain that SC zoning. And so with that, staff is recommending approval. And I'll take any questions that you have at this time. - Questions? - So when they're developing this, if this develops as they say with the multifamily use, it's just in this MN area? 'Cause I think all of that land is owned by the same person. - Yeah, so the sort of concept plan that was submitted as a part of their project narrative does show a multifamily development. And it is within that MN District there to the north and of course, the piece that is included in this subdivision. I'll add though, that as a part of that as well that the applicant has disposed that they are wanting to do a commercial development that is in the area to maintain that SC zoning. So it would kind of tie into that as well. - To the east of that then. I understand, okay, okay. Any questions for me on this one? Okay, thank you very much. - Absolutely. - See you in the regular meeting. I think that is it for our agenda. We did have another work session at 2A. We're not gonna do that because I have been informed that this is not my last meeting, so. I'm not sure when my last meeting is going to be. Tina did say that she would certainly keep me posted. So it seems odd to do, to have 2A happen today. So we're just gonna postpone that indefinitely, I guess, at this moment. Yes. However, with that, what I will say is for those of you who don't know, it is Selena's last meeting and that's a for sure thing. So, yeah, you're not postponing indefinitely. Selena's been so supportive for all of us. So thank you very much. And we certainly are going to miss you. Happy that you are training Monica 'cause then she can just slide right in and it'll be just fine. But thank you for all your support over the years and you have been wonderful. So with that, I will close our work session at 512 and we'll reconvene in City Hall Council Chambers at 630. Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for Wednesday, September 28th. With the quorum present, I will call us to order at 630 p.m. Our first item on the agenda is the Pledge of Allegiance to the U.S. and Texas Flags. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Honor the Texas flag, pledge allegiance to the Texas, one state, under God, one and indivisible. - Thank you. Before we get into our agenda tonight, I'll just say for the record that Commissioner Pruitt is absent from our meeting this evening. Next item of business is the approval of the Planning and Zoning Commission meetings for September 14th. Chair can entertain a motion or discussion on this subject. Commissioner Villarreal. - Move to approve. - Commissioner Anderson. - Second. - We've got a first and a second for approval of the minutes of September 14th. Is there discussion? Okay, let's vote on the board, please. (clears throat) That motion passes six zero. That takes us to our items for individual consideration this evening. First item is 3A, FP22-0030. I will invite Angie up for this item. Good evening. - Hi, good evening, Chair, members of the commission. Angie Maguire is senior planner at the City of Denton. This is a final plot, FP22-0030 for Summerwell Denton 2B. This is a one lot final plot of approximately 14 acres located generally on the west side of Mayhill Row, 1,400 feet south of Spencer Road. At this time, staff is recommending denial of the plot as it does not meet all of our criteria for approval. However, we have no objection to the requested extension that could be granted to a date certain of October 26th. With that, I'm happy to answer any questions you may have. - Thank you, Angie. Any questions for Angie on this item? I do not see any. Thank you so much. Commissioner Smith. - Make a motion to approve the extension of date certain of October 26th. - Commissioner Villarreal. - Second. - Okay, we've got a first and a second to grant the extension request to a date certain of October 26th. Any discussion? Okay, seeing none. Let's vote on the board, please. That motion carries six zero. That takes us to item three B, FP22-0029. Good evening, Julie. - Good evening. Let me pull up the presentation. Good evening, I'm Julie Wyatt, senior planner with the City of Denton. I'm presenting to you FP22-0029. This is a replat of an existing site. You may be familiar with it. It is at the intersection of I-35 and Barthole Road on the north side of town. They are looking at expanding their existing platted lot in order to accommodate for the text out right of way expansion along their frontage. They do have some items they need to address in order to get to a recommendation of approval. So staff is recommending denial. However, we have no objection to an extension to a date certain of October 26th, and I'll be happy to answer any questions. - Thank you, Julie. Questions for Julie? - Thank you. - I do not see any, ma'am. Thank you so much. Commissioner Villarreal. - I move to approve the extension to a date certain of October 26th, 2022. - Thank you, Commissioner Cole. - Second. - We've got a first and a second to approve the extension request to a date certain of October 26th. Any discussion? Seeing none, let's vote on the board, please. (clears throat) That motion carries six zero, takes us to three C, FP22-0031. And Julie will present this item as well. - Good evening. This is for a final plat for the vintage ranch addition. This is a multifamily project at the intersection of I-35W and Vintage Boulevard. They do have some items that they do need to address, so staff is recommending denial. However, we have no objection to the requested extension to October 26th. And I'll be happy to answer any questions. - Thank you, Julie. Do not see any questions at the moment. Thank you. Commissioner Smith. - Make a motion to approve the extension to a date certain of October 26th. - Thank you, Commissioner Cole. - Second. - Okay, we've got a first and a second to approve the extension request to a date certain of October 26th. Discussion? Okay, let's vote on the board, please. That motion carries six zero. That takes us to three D, ZCP22-0033. Invite Mia up for presentation. Good evening. - Good evening. Good evening, Mia Hines, Associate Planner. This item is a zoning compliance plan for a medical office located in the Razor Ranch South Campus Mixed Use District. The site specifically is located just north of Panhandle, west of Bonnie Bray, and approximately 7.79 acres. Again, the zoning, it is within the Razor Ranch Overlay District. The base zoning for this particular sub-area is the NRMU, and that is subject to the Razor Ranch Overlay Development Standards and the 2002 DDC. As this is part of the Razor Ranch Overlay District, since this is part of that district in the South Campus, that is why this zoning compliance plan is coming before you this afternoon. Per the Razor Ranch Development Standards, typically zoning compliance plans are administratively approved, but that's why this is coming before you this evening. And the proposed use, again, is a medical office building. So this particular sub-area is subject to ordinance Z20-0022C. Specifically, the architectural standards listed in exhibit C2 and the landscape standards listed in exhibit D2. And so as a part of this zoning compliance plan, we reviewed the site plan, landscape plan, and four-sided conceptual building elevations to make sure that they were in compliance with those ordinances. Specifically, the 2002 DDC section 35.7.15.2K, as applicable to the Razor Ranch Overlay District, requires that the P&Z approve a site plan if the site plan substantially complies with the concept and schematic plan approved by city council, if the site plan provides for a compatible arrangement of buildings and land uses, if the site plan provides for the adequate and safe circulation of vehicular traffic, and if the plan fully complies with all other applicable sections of the overlay district. So in this case, and of course including your packet, is the full site plan. The building that they're proposing is approximately 7,500 square feet. With that, they are proposing 38 parking spaces to meet the minimum one to 200 square foot parking space requirement. They do have one driveway access point off of Panhandle Drive, and they are proposing cross access to the property to the north, and then their main point of access is a shared access for the eventual development of the property to the east as well. Here's their landscape plan. They are meeting the minimum requirements there, as you can see in the table, with providing 14% total landscape area, 67% tree canopy coverage, I'm sorry, that's for the parking lot, and then overall it's 24% landscape area, and then 47% tree canopy coverage for the site. So here are the conceptual building elevations. As you can see, materials they are proposing, stone veneer, wood composite siding, and a metal panel, and that coloring, that sort of neutral coloring is pretty consistent with what we see in this area of the Razor Ranch overlay district as well. So again, in checking that, and that ordinance was provided for you, we did assure that this was in compliance with all the applicable standards, and so staff is recommending approval of the zoning compliance plan at this time, and I will take any questions that you may have. - Outstanding, Mia, thank you. Any questions? I do not see any, thank you very much. Commissioner Smith? - Make a motion to approve. - Commissioner Villarreal? - Second. - All right, we've got a first and a second for approval. Any discussion? Before we vote, Mia, I will just say thank you very much. Excellent presentation, wonderful backup. It was, yeah, very easy to understand and follow, so I appreciate that very much. I'm sure we all do, thank you. Let's vote on the board, please. Thank you. That motion carries six, zero. That will take us to three E, PP22-0023, and Mia is presenting this item as well. - Okay, good evening again. Mia Hines, Associate Planner. This is a preliminary plan for the Blue Horseshoe Edition located just west of I-35, about 2,100 square feet south of the intersection of West University and I-35. At this time, the plat does not meet our criteria for approval, and so staff is recommending denial. However, we have no objection to the requested extension to October 26th, and at this time, I will take any questions that you have. - Thank you. I do not see any questions, thank you very much. Commissioner Smith? - Make a motion to approve the extension to date certain of October 26th. - Okay, Commissioner Anderson? - Second. - Okay, we've got a first and a second to approve the extension or request to a date certain of October 26th. Any discussion? Okay, let's vote on the board, please. That motion carries six, zero. That does take us to three F. However, we did very late this afternoon receive word that the applicant has withdrawn that item, so we will not be taking action on three F. That'll take us to our public hearings. As noted on the agenda, four A has been withdrawn, so we will not be taking action on that. So that takes us to four B, Z22-0003. I will invite Mia up for presentation of this item, and I will open the public hearing. Good evening again, Mia Hines, Associate Planner. This item, Z22-0003, is a request to rezone approximately 2.6 acres from suburban corridor and 0.2 acres from residential R3 to the mixed-use neighborhood MN district. The site is generally located north of East University Drive, which is a primary arterial between Nottingham Drive there to the west, and Old North Road is there to the, a little further to the east, just sort of shown just off of the aerial image that you have there. The property itself is undeveloped, and around the property is SC zoning. To the west, I'm sorry, to the east is undeveloped land, currently zoned SC, to retain that SC zoning. To the west is also SC zoning, but developed with a drive-through restaurant. To the south is a religious, larger religious assembly facility. And then to the north is a strip-zoned MN. On the other side of that is a residential single-family subdivision, currently zoned R3. As you can see in the image there at the, towards the center, the bottom left image there, the future land use designation for this site is moderate residential to the north, and then community mixed-use to the south along the East University corridor. And again, the site itself is currently undeveloped, and no plans have been approved for the development of this site as of yet. So to just show you a bit of a zoning district comparison, again, we're dealing with three different districts in this case, R3 for that portion to the west, and then the suburban corridor for that larger portion along East University. The request is to change both of those portions to MN, so just wanted to show you to be able to see across the board what those different standards are and what that would look like. And so as far as the minimum landscape area for those, the suburban corridor and mixed-use neighborhood district, you're still looking at a minimum 20% landscape area. The minimum tree canopy coverage is slightly higher at 40%, and then there's some differences in maximum building height. The uses between suburban corridor and mixed-use neighborhood are pretty much the same. The big difference there is that the mixed-use district comes with its own additional set of design standards, and it's really meant to promote and support pedestrian-centered development and pedestrian connectivity. And so having that mixed-use neighborhood district between, say, a lesser-dense R3 district in this case and a suburban corridor district really provides for that cohesive land use and zoning transition as well. And so that full report, the full analysis was provided in your backup, of course, but staff did review this pursuant to the criteria for approval in sub-chapter two. And of note, I just wanted to point out that MN zoning is intended to support compatibility between the higher-density mixed-use areas and adjacent residential and commercial areas. And so in this case, of course, that MN strip does not have direct access to East University Drive. If you recall, staff has determined that a developing land use cannot take access, excuse me, through a different zoning district if that zoning district does not allow for or permit that land use. And so in this case, it kind of prevents that MN district from being able to develop with those higher-density sort of residential uses and actually develop according to an MN district with the intention of the MN district because it would pretty much be subject to the SE district as it would have to obtain access through that point. And so this rezoning would allow for us to, one, apply the general standards of the MN district across whatever development ends up going there, and also, again, create for the land use to be actually land use intended for the MN district. So with that, staff is recommending approval of the requested rezoning as it complies with the criteria, and following this is the public hearing scheduled for city council on October 18th. And with that, I'll take any questions you have. - Thank you. - And I realize that, oh, there it is. It skipped my public outreach slide. We did perform public outreach, I'm sorry. As of the time of this report, we had not received any responses in opposition or in favor. The applicant did hold a neighborhood meeting, and there weren't any, from my notes, there weren't any major concerns raised at that meeting either, but of course, the applicant is here and can answer any questions that you have regarding that. - Great, thank you, ma'am. I think we do have a question for you from Commissioner Anderson. - Well, it may be better for Amy afterwards, but that little sliver up on the top left, the northwest corner, what is that for? I mean, did I miss something? - Let's see if I can find the R3 portion there. - That little, yeah, that little top left, that little flag area section. It is an R3 zoning that is on the applicant's property from the sort of city-wide rezoning transition from the old code to the new and the old zoning districts to the new, per the legal description that we had. The R3 zoning, I believe, was meant to be on that parcel that it's on that has the church on it, and it sort of just overlapped on the applicant's property, so it's included so that we can apply the MN standards across the board for this property. 'Cause it doesn't look big enough to do anything, really, so. - I believe in the applicant's, and they can talk about their design a little bit more, but in the conceptual area, there was a parking strip or something like that along that end, yes, sir. - That's it, thank you very much, yeah. - Thank you. Okay, thank you, Mia. I don't see any other questions. I do have a card from the applicant, so I will go ahead and invite her up, and I think you know the drill. I'll give your name and address, and you got 10 minutes if you'd like it. - Thank you, Amy Vinson, 97 Lane Company, 109 North Elm, Denton 76201. I did bring a brief presentation, but I'm not gonna plug it in unless y'all need me to. I just wanna answer the one question that came up from Commissioner Anderson, and then elaborate a little bit on our neighborhood engagement. So as it relates to little R3 sliver, it is really on our side of the property line, and it was just an error in the legal description when the rezoning took place in 2019, so we're just cleaning that up so we can go all the way to the property line. Otherwise, we'd be subject to R3 zoning regulations across the entire piece. We did have a neighborhood meeting and have had ongoing conversations with the Homeowner Association Board, and have talked about kind of the border between their back property lines, their back fences, and our back fence, and have worked with them to look at, obviously there's a landscape buffer that will be accommodated there, but there's a gap that is a part of a gas line easement that we're talking with them about, closing that gap with a fence and participating in the cost of that. And we've had ongoing conversations with them, and it's been good. And we have not received negative feedback for the most part. It's just been, can you help us with this, and can you explain more about what's going on here? We think there'll be a little bit of a gap between their fence line and our fence line, which will be our responsibility to care for and to maintain, and the fence that will close the gap and the gas pipeline easement will belong to them so that they can maintain it and take care of it. Happy to answer any questions or if you'd like to see a site plan or a presentation, I'm glad to give you one. - Okay, Amy, did homeowners attend that meeting? - Yes, we had about between 15 and 20 people in attendance at that meeting. - Oh, from the northern, the neighborhood from the north? - Mostly right on the northern property line, but there were some that were across the street or in the neighborhood, generally speaking. - Great, great. Commissioner Anderson. - Thanks, Chair, Amy, do you have like what their conceptual plan is or some of this? Can we see what that is? - Sure, yes. Do you have it on yours? - No, I do have it. - Do you have the latest one? - Yeah, yeah, yeah. - Okay. That's it? Nope, that's not it. Yes, that is it, that is it, okay. Yep, you can. So I will talk you through a couple of things here. The property that is in color is the property that is being contemplated for development. If you look to the left lower part of your screen, that is the area to be rezoned. Also, this strip along here that you were asking about, Commissioner Anderson, on the far left northern side, those are the two areas to be rezoned. Everything that actually abuts the neighborhood is RDMN, which is a more appropriate zoning district than SC would be for that transition between University Drive and an existing neighborhood. The gas pipeline easement is located here, and this is the gap in the fence that we're talking about that we'd like to help them close. And everything that's sort of grayed out here is property that belongs to the seller that they're retaining that they have plans for in the future for a mixed-use retail type development with restaurants, but that's entirely out of our control. So our main entrance off of University is here, and we have had conversations with the city about what's the most appropriate location for that entrance to make it as safe as possible. We had actually hoped to put it where we could split two buildings and have an entrance with buildings on both sides, but they had asked us to move it further east, so we have accommodated that to make it as safe as possible. Our secondary entrance will be to Old North Road, as you can see from my cursor here, through the commercial development that will occur in the future. There's an existing access easement there today, but the exact location of where that will occur on Old North Road will depend on just what's best in terms of an engineering perspective. - Great, okay, any other questions? - Thank you. - I do not see any, thank you so much. This is a public hearing. You are welcome to come on down to the microphone and speak, just give us your name and address, and you can fill out a card afterward. Thank you. - I've never done this before. - Well, welcome. - My name's Diana Sims, and I actually have two homes, one my mother lives in, that back up to the other side of the fence where this development is. There was an HOA meeting led by Larry Beck, who was our president. We don't have a fully staffed, even, HOA, and so I was part of that meeting, and it was really presented that, it was almost like it was a done deal. And he's been in contact with Amy, is that your name? But I don't know that anybody else has been in, and I wasn't even aware that you were part of that meeting. And there was a lot of concern at the meeting, people wondering what their property values were gonna be like, having multifamily, the tall stories. When I see this, even my property, there's going to be multi-story overlooking my backyards, and a loss of privacy there. I wasn't the only one that voiced that concern in the neighborhood, so it's not like there's no opposition, everybody seems to be on board with it, they're not. They just kind of understood it's a done deal, okay, it's just a preliminary hearing, so we're going to, we need to find out some more information. And people that I knew weren't gonna be able to come to the meeting, so they said, let me know what you find out. But it's presented as if the whole neighborhood might be not in opposition, but that's not the case. We're very concerned about multi-family coming in, and to my understanding, most of the apartments are two-bedroom. Just a lot of concern with the density coming in. On that paper, it looks nice, but just having it so close to single-family residences, there's just so much encroaching into single-family. There's lots of apartments going up, and most of us were really hoping, of course, there would be some businesses and things going in there. But this looks pretty large. I know that one section is the only one that's gonna be built first, but it's obvious that there's going to be a lot more coming in once that apartment starts to get built. So I don't know what the recommendation is, that what homeowners can say or do to address this, but I mean, I know there's regulations for lighting, and all of that distance, 10-foot minimum, I think, from the fence, but three stories is going to look into both of my backyards. My mother's, there's a lot of elderly people, retired people, a lot of single women in that little neighborhood. The houses aren't that big. It's very concerning. So we have had an increase in thefts, and in our little neighborhoods, all these neighborhoods to the north, because of the density moving in, a lot more thefts in the yards, people loitering around at night. And we're really close to where, I guess, the new homeless shelter's gonna be built where the nursing home is. We're just getting a lot of people coming in and out, and it's not the single-family residential neighborhood that we thought we were gonna have. So I know these places have to go somewhere, but it's just so close to where we all live, as far as multi-story, and just so close to the back fence and all of that. I just, anyway, I'm not professional. I don't understand it all, but thank you. - We are very glad that you came out and shared your thoughts. Thank you. Commissioner Anderson, you're still on the board. Do you have, no? Okay, I just wanted to say. Mia, can you come on, is there a way that you can show possibly how the buffers work between single-family neighborhood and where development might be, is there? Do we have anything that? - I don't have anything that could show it, but I can say that the buffer depends on the developing use. Of course, the MN district does allow for multi-family, but also allows for certain commercial and retail uses. And so I don't know what that is off the top of my head. I'll look to my team. But between single-family and multi-family, I do know, like she mentioned, that's a 10-foot buffer, and then we have certain elements in the DDC that they have to have within that 10-foot buffer. And I can't recall what it is between commercial and single-family. - Maybe what we can do is get her name and kind of get you in contact just so you can understand a little bit more of some of the concerns. That would be great. Sorry. Please, Tina, I mean, yeah, you are welcome to chime in. - Okay, so Ms. Sims, just to help you understand with this request, and Mia, I'm gonna ask for you to go to your presentation that shows the existing zoning. It's early on. So the graphic that is on the lower right-hand side, if you can see that, there's kind of a light-shaded purple area. Right now, that is MN zoning that backs up to the single-family residential neighborhood that you live within. So the MN zoning, that currently exists today. So the developer does have the right to be able to develop the property in accordance with the MN district, and it allows for the multi-family use. What they're requesting is to expand that MN zoning to the south, so that way the property to the south can be developed in accordance with the remaining portion that they own that already has that MN zoning on there. So it allows them to then be able to, as illustrated then on the, can you go to the very last graphic that you had that showed the concept plan? So what it's doing is essentially allowing the southernmost building adjacent to US 380. Mia, if you can point to that. To be able, yes, in that area, to be able to allow for multi-family buildings there and allow for the access to 380. The, can you show the approximate where the existing zoning of MN is? So that area in there already has the MN zoning. So the multi-family use is already allowed by right there. So that allows for the applicant to be able to submit plans, and if it complies with all the city's development standards, they would be able to get under construction. So the zoning changes to help facilitate that development. And then as Mia mentioned, there are, depending upon the uses that get developed with the property, there are certain screening and buffering requirements that come into play, and we'd be happy to meet with you and share with you what some of those options would be. It's a point system, if memory serves me correctly, and so there are a variety of different options that could be installed by the developer for the multi-family development to meet those point obligations. And so it allows for them to be able to choose items based upon also what might be appropriate for the use being developed. - Thank you. - Thank you. - Thank you, Tina. Yeah, and that was a large explanation, especially for someone who's not used to all of this stuff, but that they'll get with you to even help you understand it further. But one thing I can add is staying involved and staying vocal is the best. We have seen so much great collaboration between developers and the neighborhood when they just start communicating. So what you're doing is exactly a wonderful thing that you're doing in staying involved and engaged. And as that communication continues to happen, that's how these developments become better than they ever could be. So again, thank you for coming out. This is a public hearing. I don't have any more cards. Is there anyone else wishing to speak on this item? Please come on down and give us your name and address and your time will begin. Oh, you do have a card in your hand. Thank you very much. Appreciate it. - I don't wanna take up too much time, but my name's Matt Swedenberg. I live at 7060 Arbor Hill Drive, Dallas, Texas, 75231. I represent the developer on this case. And just to tell, I guess, give you a little bit of background on us, we're based out of Dallas. So we're local, we're class A developers. So we're not gonna bring any type of, you know, affordability or affordable unit to this development. It's all gonna be market rate. We will comply with any of the setbacks. We're working with HEDK. They're an architect that is also out of Dallas. So they're providing, you know, our site plan to us, all the correct setbacks as far as backing up to residential development and to the commercial development to our South. But also if there's any more questions specifically to the developer, I'd love to answer them. And same thing with the neighborhood. We'd love to, you know, continue that conversation and make sure that we're, you know, being good neighbors. And that's the reason we reached out to them initially. So if there are continued conversations there, we would welcome them. - Great, thank you. Any questions from the commissioners? Thank you for saying a few words and being here. Appreciate that. This is a public hearing. Is there anyone else wishing to speak on this item? Okay, seeing none, I will close the public hearing and open the floor for discussion or a motion from the commission. Commissioner Smith. - Thank you, Chair. Thank you for coming out. I wanna echo Chair Ellis's points, ma'am, that definitely bringing out, you know, the neighborhood and bringing yourself out to be active, especially at council. I think Mia did put up there on the slide that this would go to council on October 18th, correct? So that would be the next time to bring that up. And I know Ms. Bissett will also be very amenable to visiting with you afterwards as well. But this is more of an accessibility question than it is a zoning question with the by-right use already up there. This just makes it to where there wouldn't have to be engineering to dump everything out on Old North for this multifamily development. So with that, make a motion to approve. - Thank you, Commissioner Smith. Commissioner Cole. - Second. - Okay, we've got a first and a second for approval of the request. Any discussion? Okay, seeing none, let's vote on the board, please. That motion carries six, zero. That will take us to our planning and zoning commission project matrix. I will go ahead and turn that over to Tina. - Thank you, Chair Ellis. So I actually have several items to report on this evening. Get my list here first. So with respect to the matrix itself, you'll notice that we have pared down the number of items that were on the list. And so we removed the items that have been accomplished through the boot camps. And so those were pertaining to annexation, drainage, and parking that the commission had asked for. So we removed those items. The second item on the list, discussion related to the newer horizontal multifamily versus traditional multifamily approach. We believe that item can now be removed from the matrix, given the fact that the planning and zoning commission received recommended amendments to the Denton development code regarding multifamily uses. So that is slated to go to city council on October 18th for consideration. So presuming if council approves the amendments as recommended by the commission, then we believe that that would take care of this particular item and can remove that. We did add to the matrix a request by commissioner Villarreal with respect to discussion about removing minimum parking requirements. So you'll see that that's been added. But other than that, those are the only changes to this portion of the matrix. So if we've missed something, please let me know and happy to make those changes. With respect to past city council, so we've had a busy month this September. If you kept up, then you probably already know what I'm gonna tell you. But a couple of things I wanted to bring to your attention. So back on September 20th, so I'll address those items first. One of the things we did was we presented a draft mud policy or municipal utility district policy. If you recall, I believe it was back in May or June, I gave a presentation to the commission and shared with you what we were working on with respect to the municipal utility district policy. So in light of the conversation that took place with council and we received favorable comments towards our draft mud policy, we'll be moving forward with putting that on their agenda, hopefully in October for adoption. But be happy to give an updated presentation to the commission if you would be interested in receiving that with respect to that policy. So I know there was some interest back in May, June and just wanna extend that offer to that. But again, received favorable remarks from council with the draft that we had presented to them. In terms of action items, so we had several zoning cases back on the 20th. So the first one Mia had worked on, worked on a couple of changes as it relates to the razor ranch area of the city. So we had a rezoning to change the zoning district and use classification from the razor ranch overlay district to mixed use neighborhood. And this was, we referred to this as the panhandle zoning case was around panhandle drive. And if memory serves me correctly, the purpose of the rezoning was to help facilitate the development of a pharmacy, is that correct? Okay. And so council did approve that request six zero. We also had another item with respect to amending the razor ranch overlay district and adding 200 additional units of multifamily to that particular district. So council did approve that as well six zero. Then we had project or we referred to it as project cowboy, a project that Angie had worked on. It was rezoning about 10 acres of land from R2 to heavy industrial near Western Boulevard and Jim crystal road. And so that the commission had also recommended approval and council approved that six zero. Then we also had a request. Let's see, what did we nickname this one? This was the, oh, the reserves at Magnolia. So this was a zoning case that Julie had presented. And if you recall, it was a request to rezone the property to a plan development district from HC quarter to allow for the development of a multifamily development was about 60 units if members serves me correctly, right there off of Willowwood, just to the, I guess, technically that's considered south of I-35 in that particular area. And so that was approved by council as well six zero. And then the last item that we had on that agenda was the amendments to the DDC as it relates to the data centers. I know the DCRC or development code review committee worked hard on proposing amendments to the commission for your consideration. And ultimately that went to city council. And so that was approved six zero. So that took care of that list of zoning cases. And then last night, we also were at council and had three items on the agenda with respect to, let's see, our first one was the home zone request, which was on the south side of 380 near Ector street. And so that was the request to rezone from a plan development or excuse me, from MN zoning to the plan development district request to be able to facilitate the development of the general retail store. And that was approved by city council six zero. And then we also had a change in zoning from R2 to line industrial as it related to about 10 acres that was located near 380 and Thomas Egan road. And the council voted to approve that as well seven zero. And then we got to parking in the DDC amendments with respect to that. And so as you know, the commission had a fair amount of discussion, the parking amendments, the DCRC worked through that, had four meetings and discussions related to that. And ultimately city council did approve the changes to the development code as presented. There was one change as a result of that after following much discussion. And so we did make one adjustment to the requirements as it relates to the restaurants, bars, restaurant with drive through and there was another one on that list, but it was in that box of that cluster of uses and so what we did is we refined that to make sure that the one space per four design occupancy load was specific to the areas where the indoor and outdoor seating would occur. 'Cause there was some discussion as to whether or not design occupancy loads was also applying to other areas of the building so we made that adjustment. And actually it made that consistent with what we had proposed for the craft production uses in that area. So but a lot of discussion last night as it relates to parking, much of that discussion was education of other council members as to why the parking standards were proposed to them as such. And then also the council did acknowledge the challenges of trying to establish parking regulations and that it's not necessarily an exact science and it's difficult to find that perfect requirement, but especially when you take into consideration how our city has developed over the many, many years and so we have some areas that are more urban in form, other areas that are more suburban and kind of you know, and then everything else in between. So it's really trying to come up with that right parking requirement that meets our needs here in Denton. And then, but also recognizing the small businesses versus national chain businesses and trying to be, provide parking reasonable for regardless of who owns it and what the use may be. And so the council recognized also the additional flexibility that we have built within the code. And if you recall, we also, we made some amendments to allow for greater flexibility to be able to allow applicants to be able to request a different parking requirement if what we've provided for in the ordinance does not meet their needs and it's not consistent with what they're seeing in their industry as it relates to their use. So the code really has that flexibility built in and I think the commission recognized that as well. So nonetheless, like I said, that was approved 7-0 last night. And of course, parking will come back as a future discussion in light of the request that was made in the last meeting and we'll work on prioritizing that with the other ordinance amendments, starting with working with the Development Code Review Committee. Any question about any of those items? I know I just shared a lot. So, okay, couple of reminders. So the City Council Planning and Zoning Commission joint meeting that is happening on October 18th. Just want to make sure you've got that on your calendar. That's at noon and will be in the Development Service Center building. You might have received correspondence on that probably a couple months ago. I don't know if a meeting invite has been sent out for your calendars, but again, that's October 18th at noon and it will be at the Development Service building where our offices are located. And then also just a reminder, I seem to recall we had some discussion and I failed to mention in my matrix report previously. So on October 12th, that's your first regular meeting that you have in the month of October. The Planning and Zoning Commission serves as the CIAC and I'm not gonna try and butcher what all the letters stand for, but basically what it comes down to is the Planning and Zoning Commission serves as a body that reviews recommendations being made with respect to our impact fee program. And so our capital projects engineering team has been working on a roadway impact fee ordinance and needs to be able to present information to the commission in your capacity as the CIAC. And so we will be starting that meeting early on that afternoon. So we anticipate a three o'clock, 3.30 PM start time. Still need to work with capital projects engineering to see how much time they need, but that's what we had discussed previously. So just wanna make sure you've got that on your calendars as well because I know some of you have obligations at work. So with respect to that, so wanna get that scheduling. And then lastly, Selena, so as you know, tonight is Selena's last night, sorry. I was trying to avoid this. She has been a huge asset for our team as the commission's well aware of. She is that silent force that is behind all the work that we do to make sure that you all receive your agenda packets on time. She sends out all the meeting reminders. She keeps us on us also making sure that we've got all of our agenda items, content in getting that agenda packet that is published to you all. And I know she's often very quiet and very unassuming and stays behind the scenes. But as you all are well know, she does a tremendous amount of work for us. So we're very excited for her in the next chapter of her life in this new journey that she's gonna be taking with her family. So we will miss her greatly, but we know she will be fabulous where she's going as well. So hopefully she won't be a stranger. I've told her invest in a really good quality snow shovel for where she's going 'cause a cheap snow shovel will not get you by for where she's going. But nonetheless, so we just wanted to share with the commission that our team is so very grateful for the support that she's provided. And with that, I believe that concludes my... Oh, thank you. And lastly, I also want to introduce Erin Stanley. So Erin has recently joined our team. I think this is week three on the job. And she joins us as our assistant planner. Sorry, yes, assistant planner. And so she has joined us and is starting her planning career. So we are excited to have her be part of our team. So you will eventually be seeing presentations from Erin as she learns all things planning and all things Denton. So that concludes my presentation. So thank you. - Thanks. Hey, Tina, I did have a question with regard to the rundown with city council. There was a multifamily project near Sprouts that I think was supposed to be on council's agenda already. Did that just get delayed? - Yes, they withdrew that project in order to be able to allow them additional time to consider what options that they wanted to work on. I guess, Haley, was there anything else that needed to be addressed? - Thanks, Haley. - At this time, they're actually considering modifications that will bring it back to the planning and zoning commission. So you all will be seeing that again before it makes it to city council. - Oh, okay, very good. Thank you. Thank you very much. Thank you, Tina, for the update. Is there anything that we need to add to the matrix from the commission? Okay, with concluding items, I will just say a few things about how wonderful Selena is too. I talk about all the time about how wonderful our staff is here and so supportive to allow us to do the job that we're tasked with up here. Selena is that behind the scenes, always available, always there to answer whatever is needed, incredibly organized, always has our food, whatever dietary restrictions that we all have, namely me, she has just taken very good care of us over the years. So we will absolutely miss you, Selena. Thank you for everything. We are so excited for your new venture, so for you and your family, so all the best. And you will leave us in great hands with Monica. So thank you very much. Welcome, Erin. We look forward to hearing from you up here at the podium. Any other concluding items? Okay, with that, I will adjourn us at 7 18 p.m.