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 >> Good afternoon and welcome to the city of planning and zoning commission meeting for

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 Wednesday October 26.

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 This is our work session and with our quorum present we will call the meeting to order

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 at 5.04 p.m.

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 Let the record show that Commissioner Cole is absent today.

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 First item on our agenda is citizen comments on the consent agenda.

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 Do we have anyone here wishing to speak on the consent agenda?

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 Okay.

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 That will move us to clarification of agenda items for tonight's meeting.

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 We will start with the minutes from October 12.

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 Any discussion on those questions?

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 Okay.

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 How about the consent agenda?

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 This evening I believe we've got three items on there.

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 A couple of final plots.

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 So they're all final plans.

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 Okay.

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 That brings us then to 4A, our items for individual consideration.

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 This one we did receive an email on that it is -- that recommendation has changed.

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 I believe that's correct.

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 I'm not sure.

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 There's Mia.

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 I'm sorry.

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 You want to come up and just -- yeah, just give us that real quick.

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 Just make sure everybody got that information.

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 Okay.

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 Thank you.

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 Absolutely.

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 All right.

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 Good evening.

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 That's not correct.

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 That one.

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 Good evening.

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 Mia Hines, Associate Planner.

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 This is a preliminary plat for Legends Ranch.

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 Yes.

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 And as of the sending out of this -- the backup for this, we have worked with the applicant

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 to reach a recommendation of approval as they do now meet all the approval criteria.

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 And so that is staff's recommendation.

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 Notice this one is within our city's ETJ, but it is within a municipal utility district.

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 And so that's why you're seeing this preliminary plat.

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 And I'll take any questions that you have at this time.

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 Great.

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 Anybody have any questions for Mia?

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 Okay.

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 Thank you.

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 Although the next item is yours, too.

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 Tim, did you -- Commissioner Smith?

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 No.

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 Okay.

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 I saw your hand go up.

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 Yeah, if you want to just brief us on that one, I think that's an extension request,

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 correct?

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 Correct.

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 Yeah, this is a preliminary plat for M380 addition.

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 It is located at the northwest corner of East University and Moch Branch.

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 And they have not yet met all of our criteria for approval.

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 So we are recommended to denial, but we do not have an objection to the requested extension

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 to November 16th.

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 I'll take any questions that you have at this time.

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 Okay.

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 I don't see any, Mia.

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 Thank you very much.

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 I know Julie is not here for our meeting tonight.

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 Is it Sean?

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 No.

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 Actually, I believe it's Angie.

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 Angie is doing this one?

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 The rail yard hand motion.

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 [laughter]

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 Yes.

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 FB22024.

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 Hello, Sean.

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 They're still flipping the corner right there.

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 Gotcha.

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 Yeah.

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 He did say earlier there, yeah, deciding who's Julie tonight.

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 All right.

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 There we are.

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 Yes.

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 Good evening, Sean Jacobson, Associate Planner, here to present FP22024A, which is the Lang

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 Rail yard plant.

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 That's funny.

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 I've got it as B on our agenda.

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 [laughter]

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 Wow.

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 It may be so.

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 I think that was just probably from the last time we saw it, right?

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 Most likely.

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 Yeah.

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 And staff is recommending approval subject to the following condition, which is that

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 the civil engineering plan has a condition of approval on it, and that would need to

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 be satisfied in order for this plat to be fully satisfied.

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 And therefore, if this is approved with conditions, it would have to return to you all for final

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 approval once that condition on the CEP is met.

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 Okay.

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 And I assume that when that comes back with no changes, it would just be on consent on

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 whatever meeting that would be.

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 Is that correct?

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 Yes.

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 That's correct.

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 Okay.

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 Great.

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 Questions on this one?

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 Commissioner McDade.

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 Thank you, Chair, will the applicant be here tonight for this, do you know?

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 Yes we do have an applicant representative.

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 Okay.

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 All right.

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 Thank you.

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 Yes sir.

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 Okay.

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 Commissioner Villarreal.

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 Do we know when the applicant was enabled to attend the community meeting on Monday?

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 So that's outside this body for consideration of this particular item, but you might want

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 to get with the applicant afterwards.

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 Okay.

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 Thank you.

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 Okay.

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 Thank you, Sean.

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 Thank you.

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 Appreciate it.

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 All right.

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 That takes us to 4DV220007.

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 And Angie is Julie.

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 Thank you.

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 Yes.

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 Can you give me just one second?

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 I have a separate presentation for the variance.

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 Okay, Angie Manglera, Senior Planner.

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 This is V220007.

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 This is a variance request for Woodland Hills.

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 This particular subdivision variance request is in regards to sections 8.32C3, subsection

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 A and B. This is for the -- this is for access for a three-acre tract of land located in

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 our Division 1 ETJ, north of Hartley Field Road and east of FM 428.

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 The applicant is requesting subdivision variance to the access easement that serves the lot.

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 You can see the parcel here in yellow.

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 It does not have public frontage, and it is served by an existing 20-foot wide private

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 access easement, which is a deviation from the DDC, which requires that access easements

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 be public and that they be at least 24 feet in width.

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 The purpose for the creation of this is for water supply.

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 And so it's a preference that it remains private, and due to existing conditions, it is 20 feet

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 rather than the required 24 feet.

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 Understood.

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 Any questions?

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 Okay.

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 Thank you very much.

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 Let's see.

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 And that will take us to 4EFP 220027.

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 Are you Julie again?

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 Okay.

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 Thank you.

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 Yes.

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 So this is the final plat associated with the subdivision variance that you just saw.

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 This is for a three-acre tract of land in our Division 1 ETJ.

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 It's generally located east of FM 428 and north of Hartley Field Road.

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 Happy to answer any questions you may have.

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 Any questions?

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 Okay.

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 Thank you very much.

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 All right.

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 That will take us to our public hearings for this evening 5AZ 220016.

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 So I'm not -- [laughter]

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 Thank you, Angie.

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 If you want to give us a rundown of that item, that would be great.

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 Absolutely.

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 Angie Manglars, Senior Planner.

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 This is Z 220016, a rezoning request for Oak Vista.

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 The purpose of this rezoning request is to rezone approximately 21 acres from PDR 7 to

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 R6.

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 The subject property is located at the terminus of Trailhead Lane and is located south of

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 McKinney Street.

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 The intended purpose of this request is to develop residential uses, particularly duplexes.

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 It is consistent with our Denton 2040 Comprehensive Plan, which calls for this area to be moderate

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 residential, and complies with all criteria for approval.

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 Just a quick note, part of the reason for this rezoning request is the PDR 7 was established

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 prior to the adoption of the 2019 DDC and required that the site develop as multifamily

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 townhomes and that the northern access portion only be used for emergency services.

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 By removing the PD, it kind of eliminates the vagueness of the multifamily townhomes

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 as that's not defined in the DDC.

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 The duplex use is consistent with the intent of the current plan development zoning that

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 you see before you today.

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 I'm happy to answer any questions you may have.

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 So what can you answer about the access point at this point?

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 So it would not be, so they would be able to do whatever, right?

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 They would be required to develop in accordance with the DDC, which requires the two points

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 of access, and Karina can step in here if I'm wrong.

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 As the plan development regulations were adopted, it required that the northern access be utilized

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 only as emergency services, so potentially by removing that PD overlay, they're required

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 to adhere with the DDC, which would further enhance the mobility in the area and the connectivity

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 by requiring the two access points.

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 Okay.

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 Karina, do you have something to add to that, or thanks?

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 Yeah, I just wanted to expand on this one.

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 So while this was under review, this was something that we talked about extensively with the

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 applicant.

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 With the removal of the PD, if the zoning were to be approved, the emergency access

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 through the church property would not be preferred given, you know, if a Sunday, there's emergency

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 on a Sunday during, you know, at one o'clock, you know, at the end of the service, an emergency

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 vehicle would not be able to reach, you know, emergency within the subdivision.

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 So that was one of the considerations that we have.

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 So we're still working through the access issues with them.

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 Part of what we're requesting is that they, if you can see my mouse, provide secondary

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 access by connecting to Mockingbird, since Mockingbird would eventually connect to existing

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 Mockingbird on the north.

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 So that would be their two points of access.

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 There is duchess on the south that would need to be extended.

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 So again, for the straight zoning, not necessary that they have that in place.

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 They are working with adjacent property owners to get that connection, but they would have

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 to ensure that they have that secondary access during the platting and civil engineering

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 phases.

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 Okay.

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 Yeah.

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 And the reason I'm asking is, you know, the overlay conditions were put in for a reason

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 and I actually went back to refresh my memory of that meeting December 8th, 2018, and there

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 was very much detailed discussion about how, didn't want northern connectivity dumping

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 out onto McKinney, which is an inferior road still right now, as well as a lot of detailed

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 discussion discussing trees and the saving of the many trees.

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 So I'm struggling with this only because duplexes I get fits in the area with what we've got,

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 but now we're taking away these conditions since it's a straight zoning case.

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 So yeah, I don't want to speak for Angie, I know you're coming closer.

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 Trees were one of the discussion issues on this one.

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 Access was probably secondary to the tree preservation.

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 So you're right.

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 McKinney is a secondary arterial and what we didn't want was to have an access that

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 didn't meet our spacing requirements for one.

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 So if they were to propose an access through that church or even kind of in between these

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 two properties here, that would not meet our spacing requirements.

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 We would then have a, in Julie's words, I'm going to harness Julie, a jiggy jog from the

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 development into Mockingbird.

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 So those are some of the considerations that we're taking in now with the developer.

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 So we're doing that on the backside, but since this is a straight zoning, we just wanted

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 to be sure that we at least address what could happen or what should happen.

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 But for the straight zoning, it's consistent with the comprehensive plans.

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 Sure.

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 Okay.

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 Commissioner Smith, did I see your questions?

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 The, uh, as with the, cause I remember that meeting as well, it went back to look at as

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 well.

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 The, when we put it, when we said multifamily within that, um, that PD restriction, there's

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 specifically one to do duplexes, therefore it wouldn't fall within the multifamily restriction

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 with on there.

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 So if, you know, a, an approval to go through and to rezone the star six went through within

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 the access questions couldn't be answered, then essentially this would then sit R six

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 until access could be solved in some other form of fashion.

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 Correct.

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 Right.

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 By going to straight zoning, um, are six, they're subject to all the requirements in

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 the DDC.

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 And if those can't be met at the time of planning or civil engineering, then they have to work

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 through that through either internally or come through with a variance of some sort.

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 Um, can you refresh me again on what you guys are saying on what you think access would

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 be?

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 I know this is a zoning case, so, but just because I think this does make a difference

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 because this, this commission has went through in that PD, that PD that went through, um,

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 was put in by members of this commission at that time.

257
00:13:25,100 --> 00:13:32,820
 Like I remember that meeting being for myself quite a bit, a lot about access, uh, to McKinney.

258
00:13:32,820 --> 00:13:37,980
 Um, I just want to re-hear what you're saying about what you think the connectivity issues

259
00:13:37,980 --> 00:13:38,980
 would be.

260
00:13:38,980 --> 00:13:39,980
 Sure.

261
00:13:39,980 --> 00:13:43,860
 There's, there's of course the preferred, um, connections that staff is requesting from

262
00:13:43,860 --> 00:13:44,860
 the applicant.

263
00:13:44,860 --> 00:13:49,700
 And then there's alternative options that we would consider right now, um, in discussions

264
00:13:49,700 --> 00:13:50,700
 with the applicant.

265
00:13:50,700 --> 00:13:55,900
 And I'll let them speak to what, what they're thinking when during the public hearing, um,

266
00:13:55,900 --> 00:14:02,700
 we had discussed, um, the preferred, you know, connection point would be to Mockingbird on

267
00:14:02,700 --> 00:14:03,700
 the south.

268
00:14:03,700 --> 00:14:08,460
 Um, given that again, there would be a future connection, um, right here once those properties

269
00:14:08,460 --> 00:14:10,220
 begin to develop.

270
00:14:10,220 --> 00:14:18,740
 Um, second was the option of using, uh, lane, which is, was it lane drive or it's, it's

271
00:14:18,740 --> 00:14:24,920
 a private lane here, um, is extending their proposed roadway, um, up and then kind of

272
00:14:24,920 --> 00:14:28,420
 curving it so that it would meet spacing requirements.

273
00:14:28,420 --> 00:14:29,420
 That would be an option.

274
00:14:29,420 --> 00:14:33,540
 Um, of course they would have to coordinate with the church as it's their property.

275
00:14:33,540 --> 00:14:40,700
 Um, third would be, um, seeing if they're, they could make public improvements through,

276
00:14:40,700 --> 00:14:44,260
 um, to, to McKinney using where the access would have been shown.

277
00:14:44,260 --> 00:14:47,860
 Um, of course that would make significant changes to the church's property.

278
00:14:47,860 --> 00:14:51,940
 Um, so again, that, that would be relied upon them to agree on that.

279
00:14:51,940 --> 00:14:57,500
 And then, um, it's not within the zoning, but this portion here is part of the parent

280
00:14:57,500 --> 00:14:58,500
 tract.

281
00:14:58,500 --> 00:15:02,980
 Um, and that portion would be responsible for extending Dutchess to the west.

282
00:15:02,980 --> 00:15:07,020
 Um, so there's again, no solidified plan.

283
00:15:07,020 --> 00:15:11,820
 Um, it would still be incumbent on them to find the, the option that works best during

284
00:15:11,820 --> 00:15:13,500
 the planning stages.

285
00:15:13,500 --> 00:15:15,540
 There are options for connectivity.

286
00:15:15,540 --> 00:15:19,740
 It's just a matter of timing what the applicant can, can do.

287
00:15:19,740 --> 00:15:22,000
 Um, and I'm not sure if they're here today.

288
00:15:22,000 --> 00:15:26,180
 I haven't personally met with him, but I'm sure the applicant will be here during the

289
00:15:26,180 --> 00:15:27,180
 public hearing.

290
00:15:27,180 --> 00:15:28,180
 Okay.

291
00:15:28,180 --> 00:15:29,180
 All right.

292
00:15:29,180 --> 00:15:30,180
 Thank you.

293
00:15:30,180 --> 00:15:31,180
 Okay.

294
00:15:31,180 --> 00:15:32,180
 Thank you.

295
00:15:32,180 --> 00:15:33,180
 Commissioner Perot.

296
00:15:33,180 --> 00:15:34,180
 Thank you, chair.

297
00:15:34,180 --> 00:15:36,620
 Um, good questions make me think of another one.

298
00:15:36,620 --> 00:15:44,620
 Um, just for level setting, trying to remember, cause I did watch that hearing, but it was

299
00:15:44,620 --> 00:15:46,900
 a couple of years ago when I watched it.

300
00:15:46,900 --> 00:15:53,020
 Um, is there a riparian ESA or something on the southwest border of this property?

301
00:15:53,020 --> 00:15:58,300
 And if so, would that preclude connectivity to the west or southwest given that we don't

302
00:15:58,300 --> 00:16:02,020
 have a mobility plan road drawn through there?

303
00:16:02,020 --> 00:16:07,700
 So the larger parent tract is, I think, um, I think it's about 27 acres, but it's this

304
00:16:07,700 --> 00:16:09,580
 entire portion and this, you are correct.

305
00:16:09,580 --> 00:16:13,260
 This is where the riparian ESA is situated.

306
00:16:13,260 --> 00:16:18,660
 Um, as far as future development, what develops to the west of this site or as, as roads and

307
00:16:18,660 --> 00:16:24,380
 mobility plan looks to expand this way, they'd be subject to any provisions within the DDC

308
00:16:24,380 --> 00:16:30,340
 7.4 and those regulations as they, um, regard ESA and development, what can and can't happen

309
00:16:30,340 --> 00:16:31,340
 in that area.

310
00:16:31,340 --> 00:16:32,340
 Okay.

311
00:16:32,340 --> 00:16:37,060
 So not, not necessarily directly part of this case, but pretty close to it.

312
00:16:37,060 --> 00:16:38,060
 Yeah.

313
00:16:38,060 --> 00:16:41,260
 We're shuffling over here.

314
00:16:41,260 --> 00:16:43,620
 I just wanted to add a point of clarification.

315
00:16:43,620 --> 00:16:48,900
 So even though, um, this is part of the parent tract and there is ESA cutting through it,

316
00:16:48,900 --> 00:16:55,700
 um, the DDC regulations allow a mobility plan to cut across an ESA, um, without penalty.

317
00:16:55,700 --> 00:17:00,540
 So if they needed to extend Duchess to the west, they would be allowed to do that.

318
00:17:00,540 --> 00:17:01,540
 Understand about Duchess.

319
00:17:01,540 --> 00:17:06,580
 I'm just trying to think within the yellow inscribed area, um, they would have to cross

320
00:17:06,580 --> 00:17:08,980
 that ESA in order to get to Duchess, right?

321
00:17:08,980 --> 00:17:14,540
 Uh, not necessarily, um, I know, I don't think their concept plan was attached, but I believe

322
00:17:14,540 --> 00:17:20,820
 they're intending to not cross the ESA and, um, uh, provide connectivity through trailhead.

323
00:17:20,820 --> 00:17:24,740
 Um, so they would essentially be going around and not cutting across.

324
00:17:24,740 --> 00:17:25,740
 Got it.

325
00:17:25,740 --> 00:17:28,460
 Um, and then last question, can you refresh my memory?

326
00:17:28,460 --> 00:17:33,980
 We've been through so many productive, um, code amendments, co-text amendments, and I'm

327
00:17:33,980 --> 00:17:40,780
 not sure where the, uh, access requirements amendment is in that process as far as public

328
00:17:40,780 --> 00:17:41,780
 hearings and adoption.

329
00:17:41,780 --> 00:17:42,780
 Ron is here.

330
00:17:42,780 --> 00:17:44,900
 I was going to say, I can speak to that.

331
00:17:44,900 --> 00:17:47,500
 So we have not initiated a public hearing process on that.

332
00:17:47,500 --> 00:17:51,700
 So we've got that teed up for, um, probably in the next month or two, right?

333
00:17:51,700 --> 00:17:52,700
 So yeah.

334
00:17:52,700 --> 00:17:56,500
 So we worked through it with DCRC, but we haven't, um, brought it forth to the planning

335
00:17:56,500 --> 00:17:57,500
 and zoning commission yet.

336
00:17:57,500 --> 00:17:58,500
 So.

337
00:17:58,500 --> 00:17:59,500
 Okay.

338
00:17:59,500 --> 00:18:00,500
 But it's relatively ready to do that.

339
00:18:00,500 --> 00:18:01,500
 Correct.

340
00:18:01,500 --> 00:18:02,500
 Yes.

341
00:18:02,500 --> 00:18:03,500
 We got concurrence from DCRC to bring it forth.

342
00:18:03,500 --> 00:18:04,500
 Okay.

343
00:18:04,500 --> 00:18:05,500
 Any other questions?

344
00:18:05,500 --> 00:18:18,380
 Um, did staff consider, um, trying to modify this request, um, in sticking with some of

345
00:18:18,380 --> 00:18:20,740
 the overlay conditions that were put there?

346
00:18:20,740 --> 00:18:26,060
 What I'm struggling with is, you know, PNZ at that time and council at that time, you

347
00:18:26,060 --> 00:18:32,020
 know, had a lot of discussion and put a lot of the overlay in place, you know, for area

348
00:18:32,020 --> 00:18:33,980
 protection and whatnot.

349
00:18:33,980 --> 00:18:39,500
 And then this request comes in and it just basically just kind of pushes all of that

350
00:18:39,500 --> 00:18:40,500
 to the side.

351
00:18:40,500 --> 00:18:42,740
 And now we're just dealing with a straight zoning case again.

352
00:18:42,740 --> 00:18:52,100
 And so again, while I understand R6 is not unreasonable here, we just remove any of those

353
00:18:52,100 --> 00:18:59,100
 overlay conditions that were put in place, like access, like, um, tree, what the development

354
00:18:59,100 --> 00:19:02,340
 was going to be density wise and what have you, so.

355
00:19:02,340 --> 00:19:05,900
 So as, as part of our review with any project that comes in, you know, we're evaluating

356
00:19:05,900 --> 00:19:09,020
 it based upon what's in place with respect to our development regulations.

357
00:19:09,020 --> 00:19:12,940
 So, um, you're right, when that particular plan development district was done in response

358
00:19:12,940 --> 00:19:17,540
 to that particular plan, we reviewed, um, the access situation at that time, you know,

359
00:19:17,540 --> 00:19:21,020
 now we have a new proposal that's come forth, um, so we do review it.

360
00:19:21,020 --> 00:19:24,900
 We look at the ordinance that was adopted previously and we know access is a challenge

361
00:19:24,900 --> 00:19:28,540
 for this particular property, um, but we're comfortable with our development regulations

362
00:19:28,540 --> 00:19:33,420
 that we have in place that provide for the two points of access being satisfied.

363
00:19:33,420 --> 00:19:39,020
 Um, and so, you know, as, as part of our review of that, we rely upon our existing development

364
00:19:39,020 --> 00:19:44,020
 standards that we have in place and in our technical criteria manual so that we're not,

365
00:19:44,020 --> 00:19:48,380
 um, uh, so that, well, so that we are applying it consistently with any development projects

366
00:19:48,380 --> 00:19:49,380
 that come through.

367
00:19:49,380 --> 00:19:52,820
 But again, we, we know access has been a challenge with this particular property owner and talking

368
00:19:52,820 --> 00:19:58,260
 with them on what would be better appropriate options for the access through this.

369
00:19:58,260 --> 00:20:02,860
 So it's, it's, you know, that that's the nature of our conversation with them, but we're relying

370
00:20:02,860 --> 00:20:06,700
 upon our existing adopted regulations because we've determined that those regulations are

371
00:20:06,700 --> 00:20:09,540
 appropriate for development within the community.

372
00:20:09,540 --> 00:20:10,540
 Okay.

373
00:20:10,540 --> 00:20:11,540
 Thanks.

374
00:20:11,540 --> 00:20:12,540
 Commissioner Prout.

375
00:20:12,540 --> 00:20:13,540
 Thank you, chair.

376
00:20:13,540 --> 00:20:20,980
 I guess, um, if it's possible, I know we don't have Julie here, but maybe if there's some

377
00:20:20,980 --> 00:20:27,180
 other team members who were around at the time, um, when this PD was established for

378
00:20:27,180 --> 00:20:30,880
 the benefit of the, the commission members who weren't a part of that, if, if we could

379
00:20:30,880 --> 00:20:36,500
 add just, just a real brief review of like, here was the timeline that this project started

380
00:20:36,500 --> 00:20:41,500
 when it was considered for a PD, here's when the tree ordinance came in, here's when the

381
00:20:41,500 --> 00:20:46,740
 code update came in, just so we can understand the, the ordering of that, if, if that would

382
00:20:46,740 --> 00:20:50,780
 be cogent, not cogent, um, applicable.

383
00:20:50,780 --> 00:20:53,700
 I'm looking at Hillary just to make sure that that's in scope.

384
00:20:53,700 --> 00:20:56,300
 I mean, we, we can bring that information back.

385
00:20:56,300 --> 00:20:59,180
 I don't know if we can pull that together in time for the public hearing this evening.

386
00:20:59,180 --> 00:21:03,140
 So, I mean, if you feel that that's germane for you to make a decision on this, the, the

387
00:21:03,140 --> 00:21:07,580
 date of the plan development district approval, let's see if Julie had that referenced.

388
00:21:07,580 --> 00:21:09,980
 It was December 8th, 2018, I believe.

389
00:21:09,980 --> 00:21:10,980
 2018.

390
00:21:10,980 --> 00:21:14,900
 So, um, so we had the, you know, we had the development code that was adopted in 2019.

391
00:21:14,900 --> 00:21:19,580
 Um, we've done, I think some adjustments possibly to tree preservation since then, but tree

392
00:21:19,580 --> 00:21:24,620
 preservation and ESA requirements were in place with the 2019 adoption.

393
00:21:24,620 --> 00:21:28,300
 Yeah, I, I'm okay without it.

394
00:21:28,300 --> 00:21:31,300
 I just, it sounds like there's some concerns.

395
00:21:31,300 --> 00:21:38,900
 And so I was thinking through maybe if, if we can, uh, sorry, if we can remind ourselves

396
00:21:38,900 --> 00:21:44,060
 when the tree ordinance was passed prior to the 2019 code, that may be, it may help.

397
00:21:44,060 --> 00:21:48,540
 We've had tree preservation requirements, I believe under the 02 code, if memory serves

398
00:21:48,540 --> 00:21:49,540
 me correctly.

399
00:21:49,540 --> 00:21:53,500
 Yeah, the 2002 code did have tree preservation requirements.

400
00:21:53,500 --> 00:21:59,020
 They were slightly different, um, but I believe the major difference would be the minimum

401
00:21:59,020 --> 00:22:02,380
 30% preservation under the 2002 code.

402
00:22:02,380 --> 00:22:08,140
 There was some, the classifications were different for trees and then the minimum preservation

403
00:22:08,140 --> 00:22:09,140
 was different.

404
00:22:09,140 --> 00:22:13,860
 There was also a difference in how the mitigation fees were assessed.

405
00:22:13,860 --> 00:22:22,740
 Um, so they were in place, there was a different way of applying it, but it was, um, applied

406
00:22:22,740 --> 00:22:28,100
 to this development at the time of approval or it would have been, had they continued

407
00:22:28,100 --> 00:22:29,100
 in this fashion.

408
00:22:29,100 --> 00:22:30,100
 Sure.

409
00:22:30,100 --> 00:22:31,100
 Okay.

410
00:22:31,100 --> 00:22:32,100
 Right.

411
00:22:32,100 --> 00:22:34,500
 Cause I would, it's fair to say right now our tree preservation requirements are much

412
00:22:34,500 --> 00:22:36,980
 more restricted or more stringent.

413
00:22:36,980 --> 00:22:37,980
 Yes.

414
00:22:37,980 --> 00:22:40,140
 A better word than what they were under the 02 code.

415
00:22:40,140 --> 00:22:44,700
 Um, cause I know we're working on another project and under 02 code and they were able

416
00:22:44,700 --> 00:22:47,620
 to drop down to 12 and a half percent preservation.

417
00:22:47,620 --> 00:22:53,420
 So right now with our projects today, we strongly recommend they achieve the 30% preservation

418
00:22:53,420 --> 00:22:56,100
 because that's what's provided for in the code, but it does allow them to drop down

419
00:22:56,100 --> 00:22:57,100
 to 20%.

420
00:22:57,100 --> 00:22:58,100
 Okay.

421
00:22:58,100 --> 00:22:59,100
 Thank you.

422
00:22:59,100 --> 00:23:00,100
 Yeah.

423
00:23:00,100 --> 00:23:01,300
 And commissioner approved just for a little more background.

424
00:23:01,300 --> 00:23:07,180
 So they didn't come in and requesting a PD, it moved to PD when we, you know, but it was

425
00:23:07,180 --> 00:23:16,060
 a zoning change and to put certain restrictions in place, the approval was yes, we'll agree

426
00:23:16,060 --> 00:23:22,140
 to what you want to rezone to, but we're going to put these overlay restrictions on it.

427
00:23:22,140 --> 00:23:26,820
 So it would have been nice to see, because it was not a flippant discussion.

428
00:23:26,820 --> 00:23:30,780
 I mean, it was detailed discussion at PNC, it was detailed discussion at city council.

429
00:23:30,780 --> 00:23:36,940
 So it'd have been nice to know how this, you know, I'm not into just throwing aside good

430
00:23:36,940 --> 00:23:42,040
 discussion and what, what council at that time wanted to see in this location.

431
00:23:42,040 --> 00:23:50,060
 So I'm trying to understand exactly if we just do a straight zoning change here, how

432
00:23:50,060 --> 00:23:55,140
 does that balance with what those conditions that were in place?

433
00:23:55,140 --> 00:23:58,960
 And that's, that's what I'm struggling with.

434
00:23:58,960 --> 00:24:01,740
 That's it.

435
00:24:01,740 --> 00:24:02,740
 Anybody else?

436
00:24:02,740 --> 00:24:03,740
 Okay.

437
00:24:03,740 --> 00:24:06,820
 Thank, thank you both.

438
00:24:06,820 --> 00:24:11,900
 That will move us to five B S two one zero zero zero six.

439
00:24:11,900 --> 00:24:16,580
 And I believe Sean is up for that one.

440
00:24:16,580 --> 00:24:17,980
 Thanks.

441
00:24:17,980 --> 00:24:20,860
 Good evening.

442
00:24:20,860 --> 00:24:22,420
 Hi.

443
00:24:22,420 --> 00:24:39,740
 I'll just get my presentation pulled up here.

444
00:24:39,740 --> 00:24:41,700
 Okay.

445
00:24:41,700 --> 00:24:47,620
 So good evening chair and members of the commission, Sean Jacobson, associate planner here to present

446
00:24:47,620 --> 00:24:52,220
 S 21 dash O O O six landmark multi-family.

447
00:24:52,220 --> 00:24:57,660
 This is a request for a specific use permit for two multi-family developments on two tracks

448
00:24:57,660 --> 00:25:01,140
 out of an overall 53.407 acre property.

449
00:25:01,140 --> 00:25:02,780
 And just to, so that's clear.

450
00:25:02,780 --> 00:25:06,980
 There is some part of the property that is not part of this S U P that those areas are

451
00:25:06,980 --> 00:25:11,820
 being left vacant for future development, but it is all part of one property.

452
00:25:11,820 --> 00:25:17,480
 So I tracked four to the north, 336 units are proposed on 14.09 acres.

453
00:25:17,480 --> 00:25:21,260
 Track five, 324 units are proposed in 22.4 acres.

454
00:25:21,260 --> 00:25:26,940
 And this is at that intersection of North Locust street and loop two 88 multi-family

455
00:25:26,940 --> 00:25:28,220
 is permitted here.

456
00:25:28,220 --> 00:25:33,500
 It's within the SC district suburban corridor, but it does require a specific use permit.

457
00:25:33,500 --> 00:25:38,460
 Therefore it needs to meet our approval criteria for a specific use permit staff is recommending

458
00:25:38,460 --> 00:25:42,500
 approval because this does align with our comprehensive plan and with our criteria for

459
00:25:42,500 --> 00:25:43,500
 approval.

460
00:25:43,500 --> 00:25:44,500
 Sorry.

461
00:25:44,500 --> 00:25:47,140
 Obviously I do have a longer presentation, but happy to answer any questions you have

462
00:25:47,140 --> 00:25:48,140
 now.

463
00:25:48,140 --> 00:25:51,900
 And there are several conditions with this that you'll go over in detail in the, there

464
00:25:51,900 --> 00:25:52,900
 are about four pages.

465
00:25:52,900 --> 00:25:53,900
 Yeah.

466
00:25:53,900 --> 00:25:54,900
 Yeah.

467
00:25:54,900 --> 00:25:55,900
 Yeah.

468
00:25:55,900 --> 00:26:00,020
 Which I'm, I'm happy with because that's how we get the right development in there.

469
00:26:00,020 --> 00:26:03,940
 Any questions for Sean on this item?

470
00:26:03,940 --> 00:26:07,780
 I would just add, and I know commissioner Smith has stepped out for just a moment, but

471
00:26:07,780 --> 00:26:11,020
 in light of our conversation that happened last week in the joint meeting with city council,

472
00:26:11,020 --> 00:26:14,540
 I know there were some questions regarding about improvement or I'm sorry, not, not the

473
00:26:14,540 --> 00:26:19,760
 joint meeting, but when we did our bootcamp on traffic impact analysis, I know commissioner

474
00:26:19,760 --> 00:26:25,220
 Smith had requested some information with respect to improvements that are being proposed

475
00:26:25,220 --> 00:26:27,100
 as part of the project as a recommendation of that.

476
00:26:27,100 --> 00:26:30,940
 So Sean has that in much more detail as part of his presentation during the public hearing,

477
00:26:30,940 --> 00:26:35,220
 but if there's any questions on that as well, happy to address it now.

478
00:26:35,220 --> 00:26:38,260
 I do not see any.

479
00:26:38,260 --> 00:26:40,580
 We will look forward to the presentation later.

480
00:26:40,580 --> 00:26:41,580
 Okay.

481
00:26:41,580 --> 00:26:46,540
 I think that concludes our agenda, so I will end our work session at 5 30 PM.

482
00:26:46,540 --> 00:26:53,580
 We will meet in council chambers at six 30.

483
00:26:53,580 --> 00:26:58,260
 Thanks.

484
00:26:58,260 --> 00:27:01,660
 Good evening and welcome to the city of Denton's planning and zoning commission meeting for

485
00:27:01,660 --> 00:27:06,100
 Wednesday, October 26th, 2022.

486
00:27:06,100 --> 00:27:10,940
 With a quorum present, I will call our meeting to order at six 30 PM and let the record show

487
00:27:10,940 --> 00:27:14,260
 that commissioner Cole is absent from tonight's meeting.

488
00:27:14,260 --> 00:27:19,060
 The first item on our agenda is the pledge of allegiance to the U.S. and Texas flags.

489
00:27:19,060 --> 00:27:42,420
 I pledge allegiance to the flag of the United States of America and to the republic for

490
00:27:42,420 --> 00:27:43,420
 which it stands, one nation under God, indivisible, with liberty and justice for all.

491
00:27:43,420 --> 00:27:51,500
 Thank you.

492
00:27:51,500 --> 00:27:55,580
 Next item our agenda is to a PZ 22243.

493
00:27:55,580 --> 00:27:59,380
 That's the consider approval of our October 12th minutes.

494
00:27:59,380 --> 00:28:00,380
 Commissioner Smith.

495
00:28:00,380 --> 00:28:03,540
 Make a motion to approve commissioner Villarreal second.

496
00:28:03,540 --> 00:28:06,100
 We've got a first and a second for approval.

497
00:28:06,100 --> 00:28:07,540
 Any discussion?

498
00:28:07,540 --> 00:28:08,900
 Okay.

499
00:28:08,900 --> 00:28:09,900
 Seeing none.

500
00:28:09,900 --> 00:28:35,900
 Would the board please.

501
00:28:35,900 --> 00:28:38,700
 That motion carries six zero.

502
00:28:38,700 --> 00:28:39,700
 Thank you.

503
00:28:39,700 --> 00:28:45,240
 Next item of business is our consent agenda.

504
00:28:45,240 --> 00:28:46,240
 Commissioner Villarreal.

505
00:28:46,240 --> 00:28:49,220
 I move approval of the consent agenda.

506
00:28:49,220 --> 00:28:50,220
 Commissioner Anderson.

507
00:28:50,220 --> 00:28:51,220
 Second.

508
00:28:51,220 --> 00:28:52,220
 Okay.

509
00:28:52,220 --> 00:28:53,700
 We've got a first and a second for approval of the consent agenda.

510
00:28:53,700 --> 00:28:54,700
 Any discussion?

511
00:28:54,700 --> 00:28:55,700
 Okay.

512
00:28:55,700 --> 00:29:08,340
 Let's vote on the board, please.

513
00:29:08,340 --> 00:29:11,020
 That motion carries six zero.

514
00:29:11,020 --> 00:29:14,420
 That takes us to our items for individual consideration.

515
00:29:14,420 --> 00:29:18,780
 Four A is our first item PP 220017.

516
00:29:18,780 --> 00:29:21,180
 Invite Mia Hines up for presentation.

517
00:29:21,180 --> 00:29:22,740
 Hi, Mia.

518
00:29:22,740 --> 00:29:28,780
 Good evening, Chair, members of the commission.

519
00:29:28,780 --> 00:29:30,140
 Mia Hines, Associate Planner.

520
00:29:30,140 --> 00:29:35,220
 So this item is a preliminary plan for Legends Ranch.

521
00:29:35,220 --> 00:29:39,180
 At the time that this report -- I'm sorry, this property is located just north of East

522
00:29:39,180 --> 00:29:43,420
 University in the city's ETJ within a municipal utility district.

523
00:29:43,420 --> 00:29:47,220
 At the time that the report came out, staff was recommending denial.

524
00:29:47,220 --> 00:29:50,340
 We have since worked with the applicant and are now recommending approval and you have

525
00:29:50,340 --> 00:29:53,580
 that updated plat was sent to you.

526
00:29:53,580 --> 00:29:56,940
 And so we are recommending approval and I will stand for any questions that you have

527
00:29:56,940 --> 00:29:57,940
 at this time.

528
00:29:57,940 --> 00:29:58,940
 Great.

529
00:29:58,940 --> 00:29:59,940
 Thank you, Mia.

530
00:29:59,940 --> 00:30:00,940
 Any questions?

531
00:30:00,940 --> 00:30:01,940
 Thank you.

532
00:30:01,940 --> 00:30:02,940
 I don't see any.

533
00:30:02,940 --> 00:30:06,580
 Thank you, I don't see any.

534
00:30:06,580 --> 00:30:07,580
 Commissioner Villareal.

535
00:30:07,580 --> 00:30:10,340
 I move approval.

536
00:30:10,340 --> 00:30:11,340
 Commissioner Anderson.

537
00:30:11,340 --> 00:30:12,340
 Second.

538
00:30:12,340 --> 00:30:15,620
 We've got a first and a second for approval.

539
00:30:15,620 --> 00:30:16,620
 Any discussion?

540
00:30:16,620 --> 00:30:17,620
 Okay.

541
00:30:17,620 --> 00:30:33,860
 Let's vote on the board, please.

542
00:30:33,860 --> 00:30:37,300
 That motion carries 6-0.

543
00:30:37,300 --> 00:30:41,820
 Taking us to item 4B, PP-220024.

544
00:30:41,820 --> 00:30:43,500
 That is Mia's once again.

545
00:30:43,500 --> 00:30:50,220
 Thank you again, members of the commission, Mia Hines, associate planner.

546
00:30:50,220 --> 00:30:57,860
 This item is a preliminary plat for M380 addition located at the northwest corner of East University

547
00:30:57,860 --> 00:30:59,980
 Drive and Motch Branch.

548
00:30:59,980 --> 00:31:03,820
 At this time, staff is recommending denial as the plat does not meet all of our criteria

549
00:31:03,820 --> 00:31:04,820
 for approval.

550
00:31:04,820 --> 00:31:09,300
 However, we do not have any objections to the requested extension which could be granted

551
00:31:09,300 --> 00:31:15,420
 to November 16, 2022, and I will stand for any questions you have at this time.

552
00:31:15,420 --> 00:31:16,420
 Thanks, Mia.

553
00:31:16,420 --> 00:31:18,260
 I do not see any questions.

554
00:31:18,260 --> 00:31:19,620
 Thank you much.

555
00:31:19,620 --> 00:31:20,620
 Commissioner Smith.

556
00:31:20,620 --> 00:31:24,740
 Make a motion to approve the extension to date certain November 16, 2022.

557
00:31:24,740 --> 00:31:25,740
 Commissioner McDade.

558
00:31:25,740 --> 00:31:26,740
 Second.

559
00:31:26,740 --> 00:31:27,740
 Okay.

560
00:31:27,740 --> 00:31:30,460
 We've got a first and a second to approve the extension request to a date certain of

561
00:31:30,460 --> 00:31:33,220
 November 16.

562
00:31:33,220 --> 00:31:34,220
 Any discussion?

563
00:31:34,220 --> 00:31:35,220
 Okay.

564
00:31:35,220 --> 00:31:46,980
 Let's vote on the board, please.

565
00:31:46,980 --> 00:31:48,540
 That motion carries 6-0.

566
00:31:48,540 --> 00:31:56,100
 That will take us to 4-C, FP-220024, and I believe Sean Jacobson is presenting.

567
00:31:56,100 --> 00:31:57,100
 Yes, ma'am.

568
00:31:57,100 --> 00:31:58,100
 Good evening.

569
00:31:58,100 --> 00:32:02,180
 Sean Jacobson, associate planner with the City of Denton Planning Department.

570
00:32:02,180 --> 00:32:06,420
 Here to present FP-22-0024A.

571
00:32:06,420 --> 00:32:09,740
 This is a proposed plat for the rail yard.

572
00:32:09,740 --> 00:32:14,100
 At this time, staff is recommending approval of the plat subject to the condition that

573
00:32:14,100 --> 00:32:18,460
 all conditions associated with the approval of the civil engineering plans for this final

574
00:32:18,460 --> 00:32:23,820
 plat must be satisfied and the final plat must be updated if any changes to the civil

575
00:32:23,820 --> 00:32:29,660
 engineering plans necessitate a change to the easement configuration on the final plat.

576
00:32:29,660 --> 00:32:33,700
 So recommending approval with that condition, and that does require that this plat would

577
00:32:33,700 --> 00:32:38,380
 need to return to the commission once those conditions are satisfied.

578
00:32:38,380 --> 00:32:40,020
 So happy to stand for any questions.

579
00:32:40,020 --> 00:32:41,180
 Very good, Sean.

580
00:32:41,180 --> 00:32:44,420
 Any questions for Sean?

581
00:32:44,420 --> 00:32:47,140
 Okay.

582
00:32:47,140 --> 00:32:48,140
 Thank you very much.

583
00:32:48,140 --> 00:32:54,620
 I do have one card to speak on this individual consideration item.

584
00:32:54,620 --> 00:33:00,080
 It is Amy Bissett.

585
00:33:00,080 --> 00:33:02,100
 Hi.

586
00:33:02,100 --> 00:33:03,100
 Good evening, commissioners.

587
00:33:03,100 --> 00:33:09,740
 I am going to speak to the question that Commissioner Villareal asked in the work session this afternoon

588
00:33:09,740 --> 00:33:14,420
 about the neighborhood meeting that took place or was supposed to take place on Monday evening.

589
00:33:14,420 --> 00:33:21,740
 I will frame it as it relates to the plat, because I do think that there's a conversation

590
00:33:21,740 --> 00:33:24,620
 where this informs your decision related to the plat.

591
00:33:24,620 --> 00:33:29,420
 If you look at the plat itself, there is a sewer easement that is indicated on the plat

592
00:33:29,420 --> 00:33:35,200
 to be abandoned by separate instrument, and I just want to start by saying that that separate

593
00:33:35,200 --> 00:33:39,280
 instrument is a city council consideration for approval.

594
00:33:39,280 --> 00:33:44,920
 As it relates to the neighborhood meeting on Monday evening, I want to first sincerely

595
00:33:44,920 --> 00:33:51,100
 apologize that there was no representation there by the developer or my client or myself.

596
00:33:51,100 --> 00:33:55,740
 I was not made aware that the meeting was taking place until Tuesday morning when I

597
00:33:55,740 --> 00:34:02,180
 received an email from the mayor asking why we weren't in attendance.

598
00:34:02,180 --> 00:34:07,260
 My understanding is that the representative for the Southeast Denton Neighborhood Association

599
00:34:07,260 --> 00:34:13,960
 was working directly with my client and had scheduled that, and they subsequently informed

600
00:34:13,960 --> 00:34:18,500
 her that they needed to postpone or cancel.

601
00:34:18,500 --> 00:34:24,180
 She had asked to make sure somebody show up anyway, and I think there was a miscommunication

602
00:34:24,180 --> 00:34:25,180
 there.

603
00:34:25,180 --> 00:34:28,180
 I just want you all to know that personally, if I had known that it was happening, whether

604
00:34:28,180 --> 00:34:33,580
 I had been invited or not, I would have been there.

605
00:34:33,580 --> 00:34:37,020
 Over the last two years, you all see me almost every meeting.

606
00:34:37,020 --> 00:34:42,340
 Over the last two years, I have personally facilitated 27 neighborhood meetings.

607
00:34:42,340 --> 00:34:51,820
 The core value of my business and me personally is authentic, collaborative neighborhood engagement

608
00:34:51,820 --> 00:34:54,340
 and engagement with our community.

609
00:34:54,340 --> 00:35:00,140
 I hold my clients accountable to that standard as well.

610
00:35:00,140 --> 00:35:04,320
 I just want you all to know that my commitment going forward is that between now and when

611
00:35:04,320 --> 00:35:11,820
 that sewer easement makes it to city council, I am committed to you that I will ensure that

612
00:35:11,820 --> 00:35:18,260
 there is genuine collaborative engagement with the neighborhood, with the community,

613
00:35:18,260 --> 00:35:24,900
 and that my client is responsive to the feedback that they receive.

614
00:35:24,900 --> 00:35:29,900
 That sewer easement is probably a couple of months away, if I had to guess.

615
00:35:29,900 --> 00:35:35,920
 It just takes time getting through the city attorney's office and real estate review.

616
00:35:35,920 --> 00:35:42,060
 We are committed, I am personally committed to making sure that we do have meetings with

617
00:35:42,060 --> 00:35:46,620
 the neighborhood and hear their feedback and concerns and incorporate those with the client

618
00:35:46,620 --> 00:35:47,620
 moving forward.

619
00:35:47,620 --> 00:35:48,620
 Thank you.

620
00:35:48,620 --> 00:35:49,620
 Thank you.

621
00:35:49,620 --> 00:35:52,620
 I think we do have one question.

622
00:35:52,620 --> 00:35:53,620
 Commissioner Dade.

623
00:35:53,620 --> 00:35:56,900
 Thank you, Chair.

624
00:35:56,900 --> 00:36:01,580
 Speaking about the neighborhood, unless there's an emergency, they probably won't meet again

625
00:36:01,580 --> 00:36:02,580
 until February.

626
00:36:02,580 --> 00:36:05,940
 I just have quite a few of the neighborhood watching.

627
00:36:05,940 --> 00:36:09,980
 Is there any way you could just give them a little update because I live in that neighborhood

628
00:36:09,980 --> 00:36:13,820
 and we don't even have an idea of what's actually being built there.

629
00:36:13,820 --> 00:36:18,460
 Yes, sir.

630
00:36:18,460 --> 00:36:23,980
 Let me speak to the fact that they won't meet again until after the new year.

631
00:36:23,980 --> 00:36:28,140
 Whenever I learned that we had missed the meeting, that was my biggest concern as well

632
00:36:28,140 --> 00:36:33,060
 because I knew they meet monthly except for November and December.

633
00:36:33,060 --> 00:36:40,100
 First I want to offer and did call Ms. Johnson and offer to her as well that at any point

634
00:36:40,100 --> 00:36:45,220
 that any of the neighbors would like to speak with me individually or as a group, you can

635
00:36:45,220 --> 00:36:50,100
 come to my office, you can call my cell phone and I will answer questions at any point in

636
00:36:50,100 --> 00:36:51,100
 time.

637
00:36:51,100 --> 00:36:54,380
 We would also be happy to host a neighborhood meeting, but I know you may not want to meet

638
00:36:54,380 --> 00:36:56,500
 again until after the new year.

639
00:36:56,500 --> 00:37:02,220
 As for the project itself, there are three phases and I don't have a site plan with me,

640
00:37:02,220 --> 00:37:04,100
 but there is one that's going out by-

641
00:37:04,100 --> 00:37:06,140
 Ms. Smith, I think we're going to maybe leave it there.

642
00:37:06,140 --> 00:37:09,300
 I'm going to maybe defer to legal here because we could be getting off topic.

643
00:37:09,300 --> 00:37:14,580
 What we are considering right today is the plat, so I don't know how much detailed discussion

644
00:37:14,580 --> 00:37:19,300
 we want to get here on the project, so I will defer to you.

645
00:37:19,300 --> 00:37:20,300
 Right.

646
00:37:20,300 --> 00:37:21,700
 I think we're just on the bubble with posting.

647
00:37:21,700 --> 00:37:25,580
 I appreciate your remarks and thank you for your remarks as well.

648
00:37:25,580 --> 00:37:29,260
 I think it might make sense for this discussion to be taken offline.

649
00:37:29,260 --> 00:37:32,620
 We will provide an update to the neighborhood immediately.

650
00:37:32,620 --> 00:37:33,620
 Thank you.

651
00:37:33,620 --> 00:37:34,620
 Yeah.

652
00:37:34,620 --> 00:37:35,620
 That's perfect.

653
00:37:35,620 --> 00:37:36,620
 Yeah.

654
00:37:36,620 --> 00:37:41,460
 Being that Commissioner McDade is no so many there, maybe the two of you can get together

655
00:37:41,460 --> 00:37:45,940
 away from the meeting, get him some information to disseminate and what have you.

656
00:37:45,940 --> 00:37:46,940
 Absolutely.

657
00:37:46,940 --> 00:37:47,940
 Okay.

658
00:37:47,940 --> 00:37:48,940
 Appreciate you being here.

659
00:37:48,940 --> 00:37:49,940
 Thank you so much.

660
00:37:49,940 --> 00:37:50,940
 All right.

661
00:37:50,940 --> 00:37:51,940
 Thank you.

662
00:37:51,940 --> 00:37:52,940
 Thank you.

663
00:37:52,940 --> 00:37:53,940
 Okay.

664
00:37:53,940 --> 00:37:55,860
 And you're good Commissioner McDade, you're still on the board.

665
00:37:55,860 --> 00:37:56,860
 No, I'm sorry.

666
00:37:56,860 --> 00:37:57,860
 No, you're good.

667
00:37:57,860 --> 00:37:58,860
 Okay.

668
00:37:58,860 --> 00:37:59,860
 Just wanted to make sure you didn't have another question.

669
00:37:59,860 --> 00:38:00,860
 Okay.

670
00:38:00,860 --> 00:38:01,860
 Commissioner Smith.

671
00:38:01,860 --> 00:38:04,660
 Make a motion to approve with staff conditions.

672
00:38:04,660 --> 00:38:05,660
 Commissioner Anderson.

673
00:38:05,660 --> 00:38:06,660
 Second.

674
00:38:06,660 --> 00:38:07,660
 Okay.

675
00:38:07,660 --> 00:38:12,220
 We've got a first and a second for approval of this plat with the conditions presented.

676
00:38:12,220 --> 00:38:14,140
 Any discussion?

677
00:38:14,140 --> 00:38:15,140
 Commissioner Villarreal.

678
00:38:15,140 --> 00:38:19,740
 I just want to thank the applicant representative for your honesty and coming here and saying

679
00:38:19,740 --> 00:38:21,400
 that today.

680
00:38:21,400 --> 00:38:25,620
 With that being said, while I appreciate and understand staff's analysis, I do not believe

681
00:38:25,620 --> 00:38:30,900
 this plat adequately minimizes the significant adverse financial impact to the properties

682
00:38:30,900 --> 00:38:38,020
 immediately adjacent to itself as prescribed in DDC chapter 2.4.5.e.9 and I will be voting

683
00:38:38,020 --> 00:38:47,340
 against it at this current time.

684
00:38:47,340 --> 00:38:49,140
 Any other discussion?

685
00:38:49,140 --> 00:38:55,340
 Okay, so our motion is a first and a second for approval of the plat with conditions.

686
00:38:55,340 --> 00:38:56,340
 Okay.

687
00:38:56,340 --> 00:39:01,340
 Let's vote on the board.

688
00:39:01,340 --> 00:39:17,500
 Let's see that went away quick, but I think it was a four to vote, correct?

689
00:39:17,500 --> 00:39:18,500
 Thank you.

690
00:39:18,500 --> 00:39:19,500
 Okay.

691
00:39:19,500 --> 00:39:20,500
 I'm running flashed off of mine.

692
00:39:20,500 --> 00:39:22,500
 Thank you.

693
00:39:22,500 --> 00:39:24,860
 Okay.

694
00:39:24,860 --> 00:39:30,620
 That will move us to item 4D, V220007.

695
00:39:30,620 --> 00:39:35,060
 I will invite Angie up for presentation.

696
00:39:35,060 --> 00:39:45,340
 Good evening, Chair and members of the commission, Angie Mingler, Senior Planner.

697
00:39:45,340 --> 00:39:51,140
 This is V220007, a variance request for Woodland Hills.

698
00:39:51,140 --> 00:39:56,780
 This is a three-acre tract of land situated in our Division 1 ETJ, which is not subject

699
00:39:56,780 --> 00:40:01,780
 to our zoning regulations, but is subject to the subdivision regulations in subchapter

700
00:40:01,780 --> 00:40:02,780
 8.

701
00:40:02,780 --> 00:40:08,160
 This property is located generally east of FM 428 and north of Hartley Field Road.

702
00:40:08,160 --> 00:40:14,340
 The purpose for the subdivision variance request is to seek deviation from sections 8.3.2(c)(3)(a)

703
00:40:14,340 --> 00:40:20,940
 and (c)(3)(b) as it relates to the access easement that currently serves the site.

704
00:40:20,940 --> 00:40:25,100
 The site does not have frontage on a public thoroughfare requiring an access easement

705
00:40:25,100 --> 00:40:26,180
 to it.

706
00:40:26,180 --> 00:40:32,700
 As it is today, the existing access easement is 20 feet in width, where our code requires

707
00:40:32,700 --> 00:40:38,900
 24 feet in width, and it is currently a private access easement where the code would require

708
00:40:38,900 --> 00:40:41,100
 that to be a public access easement.

709
00:40:41,100 --> 00:40:46,260
 This is associated with the final plat on the next agenda item.

710
00:40:46,260 --> 00:40:47,260
 But a little bit about this.

711
00:40:47,260 --> 00:40:53,980
 The purpose of the plat is to develop a water plant or well to service the neighborhood

712
00:40:53,980 --> 00:40:56,620
 that is to the west of this area.

713
00:40:56,620 --> 00:41:03,260
 The access easement was established by Separate Instrument in 2019, and as you see today on

714
00:41:03,260 --> 00:41:05,740
 your screen is how it exists.

715
00:41:05,740 --> 00:41:10,820
 So they're asking for deviations from the DDC as it relates to the minimum width, and

716
00:41:10,820 --> 00:41:15,860
 they're also asking to keep that access easement private for security reasons of that well

717
00:41:15,860 --> 00:41:18,980
 and water plant to be established.

718
00:41:18,980 --> 00:41:22,460
 When looking at criteria for approval for a variance, it shall not be detrimental to

719
00:41:22,460 --> 00:41:28,980
 public health or safety, it shall be due to existing circumstances and hardship, it shall

720
00:41:28,980 --> 00:41:36,940
 not deviate or it shall not alter the provisions of the comprehensive plan or development code,

721
00:41:36,940 --> 00:41:43,620
 and the conditions for which the request is being sought should not have been created

722
00:41:43,620 --> 00:41:47,860
 by an act of the owner or of the commission subsequent of the creation of that requirement.

723
00:41:47,860 --> 00:41:52,140
 And staff finds that this request is consistent with all of those criteria and is sporting

724
00:41:52,140 --> 00:41:55,540
 this to you this evening with the recommendation of approval.

725
00:41:55,540 --> 00:41:58,420
 If you have any questions, I'm happy to answer them.

726
00:41:58,420 --> 00:41:59,420
 Excellent.

727
00:41:59,420 --> 00:42:00,420
 Thank you, Angie.

728
00:42:00,420 --> 00:42:02,500
 Any questions for Angie on this item?

729
00:42:02,500 --> 00:42:05,580
 I do not see any.

730
00:42:05,580 --> 00:42:08,420
 Thank you so much.

731
00:42:08,420 --> 00:42:23,540
 Chair can entertain a motion or further discussion on this item.

732
00:42:23,540 --> 00:42:24,540
 Commissioner Pruitt?

733
00:42:24,540 --> 00:42:25,540
 I move approval.

734
00:42:25,540 --> 00:42:26,540
 Commissioner Smith?

735
00:42:26,540 --> 00:42:27,540
 Second.

736
00:42:27,540 --> 00:42:28,540
 Okay.

737
00:42:28,540 --> 00:42:30,620
 We've got a first and a second for approval of this variance request.

738
00:42:30,620 --> 00:42:31,620
 Any discussion?

739
00:42:31,620 --> 00:42:32,620
 Okay.

740
00:42:32,620 --> 00:42:46,300
 Let's vote on the board, please.

741
00:42:46,300 --> 00:42:49,020
 Motion carries 6-0.

742
00:42:49,020 --> 00:43:10,780
 That will bring Angie back up for 4-E, FP-220027.

743
00:43:10,780 --> 00:43:11,780
 Sorry.

744
00:43:11,780 --> 00:43:12,780
 Technical difficulties.

745
00:43:12,780 --> 00:43:13,780
 Okay.

746
00:43:13,780 --> 00:43:15,500
 Angie Manglars, Senior Planner.

747
00:43:15,500 --> 00:43:18,820
 This is FP-220027.

748
00:43:18,820 --> 00:43:22,660
 This is the final plat for the Woodlands Hill lot to be created.

749
00:43:22,660 --> 00:43:27,460
 It is approximately three acres located in our Division 1 ETJ.

750
00:43:27,460 --> 00:43:31,660
 As the variance request was recommended for approval, staff is forwarding this plat to

751
00:43:31,660 --> 00:43:33,180
 you tonight with the recommendation of approval.

752
00:43:33,180 --> 00:43:36,180
 I'm happy to answer any questions.

753
00:43:36,180 --> 00:43:37,840
 Thank you.

754
00:43:37,840 --> 00:43:41,100
 I do not see any questions.

755
00:43:41,100 --> 00:43:44,260
 Commissioner Smith?

756
00:43:44,260 --> 00:43:45,260
 Commissioner Anderson?

757
00:43:45,260 --> 00:43:46,260
 Second.

758
00:43:46,260 --> 00:43:49,300
 We've got a first and a second for approval of this final plat.

759
00:43:49,300 --> 00:43:50,300
 Any discussion?

760
00:43:50,300 --> 00:43:51,300
 Okay.

761
00:43:51,300 --> 00:44:00,180
 Let's vote on the board, please.

762
00:44:00,180 --> 00:44:02,300
 That motion carries 6-0.

763
00:44:02,300 --> 00:44:06,740
 That will take us to our public hearing portion item for this evening, and our first item

764
00:44:06,740 --> 00:44:11,380
 is 5AZ220016.

765
00:44:11,380 --> 00:44:17,820
 This public hearing was open at our last meeting and has remained open, and I will invite Angie

766
00:44:17,820 --> 00:44:24,620
 up for presentation of this item tonight.

767
00:44:24,620 --> 00:44:37,380
 Good evening again, Angie Manglars, Senior Planner.

768
00:44:37,380 --> 00:44:42,840
 This is Z220016, a rezoning request for Oak Vista.

769
00:44:42,840 --> 00:44:47,460
 The subject property is located at the end of Trailhead Lane.

770
00:44:47,460 --> 00:44:51,340
 It is located generally south of East McKinney Street.

771
00:44:51,340 --> 00:44:58,620
 The purpose of this rezoning request is to rezone approximately 21 acres from PD7 to

772
00:44:58,620 --> 00:45:03,540
 R6 to remove the following overlay conditions.

773
00:45:03,540 --> 00:45:08,140
 Those conditions are that the development of the site is limited to a multi-family townhouse

774
00:45:08,140 --> 00:45:14,940
 development use with a maximum density of six units per acre, and that the access to

775
00:45:14,940 --> 00:45:19,700
 the north shall be utilized only as emergency access only.

776
00:45:19,700 --> 00:45:26,620
 The purpose of this request is to rezone to R6 to develop residential duplexes; however,

777
00:45:26,620 --> 00:45:31,480
 as with any straight zoning case, any use that is allowed within R6 could be permitted

778
00:45:31,480 --> 00:45:34,260
 with a rezoning request.

779
00:45:34,260 --> 00:45:39,460
 Staff did review this request against our general criteria for approval and finds that

780
00:45:39,460 --> 00:45:45,140
 it is consistent with the Denton 2040 Comprehensive Plan, specifically the Comprehensive Plan calls

781
00:45:45,140 --> 00:45:48,260
 for this area to develop as moderate residential.

782
00:45:48,260 --> 00:45:54,640
 It is an extension of existing zoning to the northeast and south of the site.

783
00:45:54,640 --> 00:46:01,540
 You have existing multi-family as well as duplex uses, and it is consistent with the

784
00:46:01,540 --> 00:46:03,900
 surrounding development pattern in that area.

785
00:46:03,900 --> 00:46:09,340
 The rezoning would remove the overlay conditions and would hold the development of the site

786
00:46:09,340 --> 00:46:16,340
 subject to current DDC regulations rather than what the PD had required.

787
00:46:16,340 --> 00:46:22,820
 So just to touch on this again, it was reviewed in accordance with our criteria for approval.

788
00:46:22,820 --> 00:46:25,640
 Earlier we looked at how this relates to our Comprehensive Plan.

789
00:46:25,640 --> 00:46:30,980
 The R6 Zoning District is consistent with the moderate residential future land use.

790
00:46:30,980 --> 00:46:35,540
 It calls for a density of between 5 and 12 dwelling units per acre.

791
00:46:35,540 --> 00:46:41,140
 If it were to develop as duplexes, you'd be looking at about 6 dwelling units per acre

792
00:46:41,140 --> 00:46:42,140
 for the site.

793
00:46:42,140 --> 00:46:47,360
 And it's generally consistent with the uses that you would find in the R6 Zoning District.

794
00:46:47,360 --> 00:46:51,720
 In addition, the Denton Comprehensive Plan recognizes that with population expected to

795
00:46:51,720 --> 00:46:56,780
 increase, providing housing in all locations at various price points is critical, and this

796
00:46:56,780 --> 00:47:00,740
 would help facilitate that goal as well.

797
00:47:00,740 --> 00:47:05,100
 This is a slide that kind of shows the comparison of what could be developed today with the

798
00:47:05,100 --> 00:47:08,420
 PD overlay versus what R6 would call for.

799
00:47:08,420 --> 00:47:15,060
 The main things that are being addressed with going to straight zoning would be the access.

800
00:47:15,060 --> 00:47:22,220
 The PD today requires one full connection to Trailhead Lane, and then the overlay condition

801
00:47:22,220 --> 00:47:27,980
 requires that the northern access to McKinney Street be utilized as emergency services only.

802
00:47:27,980 --> 00:47:33,140
 Under straight zoning, R6, they would be subject to all provisions of the DDC, including section

803
00:47:33,140 --> 00:47:39,820
 8.3.2, which requires two points of vehicular access to the proposed subdivision.

804
00:47:39,820 --> 00:47:45,180
 And then the uses, the PD overlay stipulates that the use of the site shall be limited

805
00:47:45,180 --> 00:47:51,100
 to multifamily townhomes, which is not a use that's currently defined in our DDC, whereas

806
00:47:51,100 --> 00:47:57,980
 the R6 straight zoning case would allow for any of those uses within R6 to be developed,

807
00:47:57,980 --> 00:48:02,420
 which could include single-family detached, townhomes, duplexes, triplexes, as well as

808
00:48:02,420 --> 00:48:05,660
 fourplexes.

809
00:48:05,660 --> 00:48:11,000
 Looking at the impacts to the surrounding property, this is the subject site here in

810
00:48:11,000 --> 00:48:12,000
 R7.

811
00:48:12,000 --> 00:48:16,080
 The rezoning to R6 would be consistent with the uses that you see surrounding it to the

812
00:48:16,080 --> 00:48:20,100
 north, east, and south of the site.

813
00:48:20,100 --> 00:48:23,940
 Any development that occurs on the site must be in accordance with all the development

814
00:48:23,940 --> 00:48:26,300
 standards in the DDC.

815
00:48:26,300 --> 00:48:29,240
 There are nearby roadway extensions.

816
00:48:29,240 --> 00:48:33,140
 Access will need to be looked at closely with this site as they go through the plotting

817
00:48:33,140 --> 00:48:36,480
 and civil engineering processes.

818
00:48:36,480 --> 00:48:39,740
 Public outreach was conducted in accordance with the DDC and state law.

819
00:48:39,740 --> 00:48:44,980
 At this time, there have been no responses in favor nor in opposition to the request.

820
00:48:44,980 --> 00:48:48,140
 Staff has reviewed this case and is recommending approval.

821
00:48:48,140 --> 00:48:52,060
 I'm happy to answer any questions that you all may have, and the applicant is also here

822
00:48:52,060 --> 00:48:55,540
 and available to answer any questions you may have of them.

823
00:48:55,540 --> 00:48:56,580
 Great.

824
00:48:56,580 --> 00:49:00,380
 Thank you, Angie.

825
00:49:00,380 --> 00:49:01,380
 My screen is...

826
00:49:01,380 --> 00:49:02,420
 There we go.

827
00:49:02,420 --> 00:49:08,540
 Any questions for Angie at this time?

828
00:49:08,540 --> 00:49:09,540
 Thank you.

829
00:49:09,540 --> 00:49:15,540
 I do have one card, and it is from the applicant wishing to speak on this item, so I will invite

830
00:49:15,540 --> 00:49:16,540
 Rod...

831
00:49:16,540 --> 00:49:18,820
 I think it's Zellby, maybe?

832
00:49:18,820 --> 00:49:19,820
 I was trying to say your last name.

833
00:49:19,820 --> 00:49:20,820
 Is it Zellby?

834
00:49:20,820 --> 00:49:21,820
 Zellby.

835
00:49:21,820 --> 00:49:22,820
 Yeah.

836
00:49:22,820 --> 00:49:23,820
 Okay.

837
00:49:23,820 --> 00:49:24,820
 You don't want to take up a lot of your time.

838
00:49:24,820 --> 00:49:25,820
 My name's Rod Zellky.

839
00:49:25,820 --> 00:49:30,820
 I was ZPS engineer, and I'm just here to want you to know I was here and could answer any

840
00:49:30,820 --> 00:49:33,500
 questions or address any concerns.

841
00:49:33,500 --> 00:49:37,380
 Do we have any questions for the applicant?

842
00:49:37,380 --> 00:49:45,820
 Do you have a person interested in developing as presented to us?

843
00:49:45,820 --> 00:49:46,820
 I'm just curious.

844
00:49:46,820 --> 00:49:47,820
 What is this?

845
00:49:47,820 --> 00:49:56,300
 I don't want to make any commitments that I'm not sure of, but there's an Eagle Cove

846
00:49:56,300 --> 00:50:01,860
 development that's a very similar development that's under construction right now, just

847
00:50:01,860 --> 00:50:05,020
 the other side, just the end of Trailhead.

848
00:50:05,020 --> 00:50:11,020
 So there's this kind of activity in the area, so we're optimistic about that.

849
00:50:11,020 --> 00:50:12,020
 Very good.

850
00:50:12,020 --> 00:50:13,020
 Okay.

851
00:50:13,020 --> 00:50:14,020
 Thank you very much.

852
00:50:14,020 --> 00:50:15,020
 You bet.

853
00:50:15,020 --> 00:50:16,020
 Appreciate you being here.

854
00:50:16,020 --> 00:50:17,020
 This is a public hearing.

855
00:50:17,020 --> 00:50:20,860
 I do not have any other cards in front of me, but is there anyone else wishing to speak

856
00:50:20,860 --> 00:50:22,860
 on this item?

857
00:50:22,860 --> 00:50:31,100
 Okay, seeing none, I will close the public hearing and open the floor for discussion

858
00:50:31,100 --> 00:50:37,100
 or a motion.

859
00:50:37,100 --> 00:50:41,820
 No?

860
00:50:41,820 --> 00:50:54,260
 Yeah, well, Commissioner McTain.

861
00:50:54,260 --> 00:50:59,460
 Okay, we've got a first for approval of this request.

862
00:50:59,460 --> 00:51:00,460
 Commissioner Pruitt?

863
00:51:00,460 --> 00:51:01,460
 I'll second.

864
00:51:01,460 --> 00:51:02,460
 Okay.

865
00:51:02,460 --> 00:51:04,740
 We've got a first and a second for approval of this request.

866
00:51:04,740 --> 00:51:07,300
 Any discussion?

867
00:51:07,300 --> 00:51:09,980
 I'll just say a couple of words on this.

868
00:51:09,980 --> 00:51:18,020
 I was involved still on the commission and when this request first came in and a lot

869
00:51:18,020 --> 00:51:22,220
 has changed with our development code and staff has done a great job to answer my many

870
00:51:22,220 --> 00:51:27,660
 questions that I had presented in work session so that I could feel comfortable changing

871
00:51:27,660 --> 00:51:28,660
 this again.

872
00:51:28,660 --> 00:51:37,220
 You know, we used zoning change overlays back in the day on purpose to, whether that be

873
00:51:37,220 --> 00:51:42,900
 to instill neighborhood protection or maybe make sure we only have a certain type of a

874
00:51:42,900 --> 00:51:48,340
 development and we're eliminating certain things from the code, but I think with the

875
00:51:48,340 --> 00:51:55,220
 changes we've made to the DDC, to our tree preservation, I think that mitigates a lot

876
00:51:55,220 --> 00:52:02,820
 of what the intent was with this first project request, so I appreciate staff for answering

877
00:52:02,820 --> 00:52:03,820
 my many questions.

878
00:52:03,820 --> 00:52:16,700
 So with that, we can go ahead and vote on the board.

879
00:52:16,700 --> 00:52:19,260
 That motion carries 6-0.

880
00:52:19,260 --> 00:52:25,780
 That will take us to our next public hearing item, 5B, S21-0006.

881
00:52:25,780 --> 00:52:31,140
 I will invite Sean Jacobson for presentation and open the public hearing.

882
00:52:31,140 --> 00:52:36,220
 Good evening, Chair and members of the commission.

883
00:52:36,220 --> 00:52:41,500
 I'll just get my presentation up here.

884
00:52:41,500 --> 00:52:44,220
 All right.

885
00:52:44,220 --> 00:52:45,220
 Good evening.

886
00:52:45,220 --> 00:52:48,140
 Sean Jacobson, Associate Planner with the Denton Planning Department here to present

887
00:52:48,140 --> 00:52:54,180
 S21-0006, the landmark multifamily development.

888
00:52:54,180 --> 00:52:59,660
 This is a request for a specific use permit for two multifamily developments on two tracks

889
00:52:59,660 --> 00:53:05,260
 out of an overall 53.407 acre property that's in the suburban corridor district.

890
00:53:05,260 --> 00:53:12,060
 The north track, track 4, is proposed for 336 units on 14.9 acres, and track 5, south

891
00:53:12,060 --> 00:53:16,500
 tract, is proposed for 324 units, 22.4 acres.

892
00:53:16,500 --> 00:53:20,140
 There are an additional three tracks that make up this property, which are not proposed

893
00:53:20,140 --> 00:53:22,220
 for development as a part of this SUP.

894
00:53:22,220 --> 00:53:26,260
 They're being kept vacant for future development, but they are included simply because there

895
00:53:26,260 --> 00:53:30,260
 is some infrastructure that's necessary for this development that is on those, running

896
00:53:30,260 --> 00:53:32,860
 through those lots, those tracks.

897
00:53:32,860 --> 00:53:37,100
 Again, this is within the suburban corridor district, and so the use is permitted, but

898
00:53:37,100 --> 00:53:41,720
 it does require that specific use permit, and therefore, we need to evaluate it against

899
00:53:41,720 --> 00:53:43,900
 our criteria for an SUP.

900
00:53:43,900 --> 00:53:48,180
 Staff is recommending approval with conditions, which we'll discuss later, because this is

901
00:53:48,180 --> 00:53:51,420
 consistent with the Denton 2040 Comprehensive Plan.

902
00:53:51,420 --> 00:53:54,580
 As you can see here, this is the site plan provided.

903
00:53:54,580 --> 00:54:00,220
 There's two tracks, each with 12 three-story buildings proposed, as well as those three

904
00:54:00,220 --> 00:54:02,020
 vacant tracks.

905
00:54:02,020 --> 00:54:03,860
 Both have a number of amenities.

906
00:54:03,860 --> 00:54:09,380
 Each track is proposed to have a clubhouse and pool, as well as extensive open space.

907
00:54:09,380 --> 00:54:10,740
 Our minimum is 8%.

908
00:54:10,740 --> 00:54:17,920
 This is providing above that on both tracks, with walking paths, benches, bike racks.

909
00:54:17,920 --> 00:54:24,100
 There is a 2,000-plus-foot walking trail proposed through the DME easement on the side there,

910
00:54:24,100 --> 00:54:28,340
 which will lead down and around a detention pond, which will be a wet pond with fountains,

911
00:54:28,340 --> 00:54:32,820
 and one path will also lead by a sidewalk to the other fountain, which is gateway to

912
00:54:32,820 --> 00:54:34,300
 the development.

913
00:54:34,300 --> 00:54:38,340
 As you can see there, there is a kind of a central spine street that's been designed

914
00:54:38,340 --> 00:54:39,340
 as a boulevard.

915
00:54:39,340 --> 00:54:44,660
 We'll discuss that later, the access to that, but that's designed both to help with the

916
00:54:44,660 --> 00:54:50,880
 interior vehicle circulation, but also to provide tree-lined pedestrian pathways.

917
00:54:50,880 --> 00:54:55,180
 The parking is above 1.2 spaces per bedroom.

918
00:54:55,180 --> 00:54:59,460
 Buildings do meet all of our architectural standards and they are designed, so we expect

919
00:54:59,460 --> 00:55:02,580
 a higher standard of design when we're looking at a specific use permit.

920
00:55:02,580 --> 00:55:07,340
 All of these are oriented either directly onto the street or onto shared open spaces

921
00:55:07,340 --> 00:55:10,900
 or onto the trail, and those that are along the street or the boulevard actually do have

922
00:55:10,900 --> 00:55:15,020
 direct sidewalk entrances, so you can walk right out on the sidewalk.

923
00:55:15,020 --> 00:55:21,620
 As you can see here, the applicant's landscape plan, I've particularly highlighted the extensive

924
00:55:21,620 --> 00:55:24,900
 green open space that will be around the edges of this.

925
00:55:24,900 --> 00:55:29,500
 In addition, they're proposing landscape and tree canopy that exceeds the minimums.

926
00:55:29,500 --> 00:55:35,140
 You can see there, it's an additional 20%, I'm sorry, 12% above the 20% required, and

927
00:55:35,140 --> 00:55:41,020
 for tree canopy, it's at 42%, which again is 12% above what's required, extensive street

928
00:55:41,020 --> 00:55:42,020
 trees.

929
00:55:42,020 --> 00:55:46,360
 They're exceeding buffer requirements, so when we have easements in areas where buffers

930
00:55:46,360 --> 00:55:50,980
 are required, the DDC allows you to not provide any additional buffer, but in this case, the

931
00:55:50,980 --> 00:55:57,660
 applicant has provided canopy trees all along both of those areas between the development

932
00:55:57,660 --> 00:56:03,140
 and the residential, as well as the institutional to the south, and preserving essentially all

933
00:56:03,140 --> 00:56:09,060
 the existing trees except where an infrastructure connection goes in.

934
00:56:09,060 --> 00:56:15,320
 Also providing just in general, additional trees throughout the open space areas.

935
00:56:15,320 --> 00:56:17,820
 Access and walkability is crucial here.

936
00:56:17,820 --> 00:56:23,420
 The applicant is constructing both Beale Street, so extending it up to that turnaround, as

937
00:56:23,420 --> 00:56:29,620
 well as AME Street, so both tracks will have two points of access onto North Locust.

938
00:56:29,620 --> 00:56:34,620
 In addition, each track will have at least two access points onto Beale Street, so you

939
00:56:34,620 --> 00:56:37,180
 have multiple ways to get out of both developments.

940
00:56:37,180 --> 00:56:43,100
 An important key here is when the neighborhood to the east was developed, Atlas Drive was

941
00:56:43,100 --> 00:56:47,260
 stubbed out, and per our code, normally the requirement would be that that would be extended

942
00:56:47,260 --> 00:56:48,860
 as a full neighborhood street.

943
00:56:48,860 --> 00:56:52,380
 However, at the first neighborhood meeting, the residents expressed that they did not

944
00:56:52,380 --> 00:56:56,100
 want to have that connection, so we worked with the developer and determined that that

945
00:56:56,100 --> 00:57:01,780
 would be an emergency-only access point for vehicles, but pedestrian access was provided

946
00:57:01,780 --> 00:57:05,620
 in a pedestrian access easement from Atlas through to Beale, so that there would be the

947
00:57:05,620 --> 00:57:10,420
 opportunity, if there's that potential future commercial development, that neighborhood

948
00:57:10,420 --> 00:57:15,420
 could still walk through in a public easement along that tree-lined boulevard area, so they

949
00:57:15,420 --> 00:57:19,620
 would still have a pedestrian connection, but the neighborhood's concern about vehicular

950
00:57:19,620 --> 00:57:25,020
 impact on them was addressed, so there's no way to drive from this development over into

951
00:57:25,020 --> 00:57:26,020
 the adjacent neighborhood.

952
00:57:26,020 --> 00:57:30,220
 So if you can see that red there, that is an emergency-only access point.

953
00:57:30,220 --> 00:57:33,780
 In addition, I've marked in yellow areas where the applicant will be constructing traffic

954
00:57:33,780 --> 00:57:39,500
 improvements, I'll discuss those more in our TIA discussion, but as you can see there,

955
00:57:39,500 --> 00:57:42,520
 there's an area where a traffic signal will be constructed, where a turn lane is being

956
00:57:42,520 --> 00:57:48,620
 provided, and where a traffic mitigation at AME, so there's a couple options, because

957
00:57:48,620 --> 00:57:52,940
 that's subject to text.approval, they provided a number of options, but essentially the goal

958
00:57:52,940 --> 00:57:58,240
 will be to make sure that there's no left out occurring on either side of that.

959
00:57:58,240 --> 00:58:03,500
 In addition, pedestrian improvements provided, so sidewalks along North Locust Street, along

960
00:58:03,500 --> 00:58:08,580
 Beale Street, which is being constructed, and a small portion along Hercules, which

961
00:58:08,580 --> 00:58:11,820
 will be connected to the site via that walking trail.

962
00:58:11,820 --> 00:58:16,740
 So overall, this does provide more robust mobility and walkability in this area, more

963
00:58:16,740 --> 00:58:21,060
 options for connectivity here in line with the intent of our comprehensive plan.

964
00:58:21,060 --> 00:58:24,380
 And along those lines, we do want to look at what the comprehensive plan says.

965
00:58:24,380 --> 00:58:31,380
 So the primary future land use here is community mixed use, which is intended for a mix of

966
00:58:31,380 --> 00:58:36,180
 use, is predominantly commercial, but also an opportunity for higher density and mixed

967
00:58:36,180 --> 00:58:40,780
 housing types, when that can be provided while minimizing the impact on nearby single family

968
00:58:40,780 --> 00:58:42,060
 residential.

969
00:58:42,060 --> 00:58:46,580
 So this proposed multifamily would align with that use, it's providing that complementary

970
00:58:46,580 --> 00:58:52,020
 residential use to encourage and support the development of future commercial at the corner,

971
00:58:52,020 --> 00:58:56,940
 and it's also providing some of that higher density housing that we expect in an SC zoning

972
00:58:56,940 --> 00:59:03,780
 district, while having that significant buffers, that 105 foot easement between the development

973
00:59:03,780 --> 00:59:08,260
 and the neighborhood to the east, as well as the street and open space area between

974
00:59:08,260 --> 00:59:11,920
 this development and the neighborhood to the south of Hercules.

975
00:59:11,920 --> 00:59:16,780
 This is also in one of the center focus areas identified by the 2040 comprehensive plan

976
00:59:16,780 --> 00:59:20,700
 where we expect that higher level of design, and it does comply with that.

977
00:59:20,700 --> 00:59:25,940
 So using many of our urban design principles in the way that it's laid out, greater connectivity,

978
00:59:25,940 --> 00:59:31,220
 higher open space, mobility options, and it also helps to achieve our goal of safer, more

979
00:59:31,220 --> 00:59:35,460
 efficient movement of vehicles and bicycles and pedestrians, so by creating those neighborhood

980
00:59:35,460 --> 00:59:39,780
 streets, more public paths, connections.

981
00:59:39,780 --> 00:59:45,660
 Just a note here, we had asked for at least one pedestrian connection from Atlas to Beale,

982
00:59:45,660 --> 00:59:49,780
 the developer opted to provide both a sidewalk and a path, so north and south connectivity

983
00:59:49,780 --> 00:59:50,780
 there.

984
00:59:50,780 --> 00:59:54,060
 Of course, one of the most important things to look at is that compatibility with the

985
00:59:54,060 --> 01:00:02,300
 surrounding area, so this is an SC zoned area where we do expect those higher density uses.

986
01:00:02,300 --> 01:00:08,500
 Surrounding there, you have the SC zoned vacant track, so on the northwest part of this site

987
01:00:08,500 --> 01:00:14,780
 at the intersection there, as well as vacant SC zoned areas to the south in the church,

988
01:00:14,780 --> 01:00:18,700
 residential to the east on the other side of that easement, and residential to the south.

989
01:00:18,700 --> 01:00:22,740
 So you have a mixture of uses in this area, and the opportunity for increased commercial

990
01:00:22,740 --> 01:00:28,460
 uses in this area, so this is an appropriate opportunity for multifamily, it's at the intersection

991
01:00:28,460 --> 01:00:34,020
 of a primary arterial and a secondary arterial, it's in a place where that multifamily can

992
01:00:34,020 --> 01:00:37,940
 be adjacent to residential, but nonetheless be buffered from it, it's not right on top

993
01:00:37,940 --> 01:00:42,660
 of it, and it can help to provide support for a healthy mix of uses here, so supporting

994
01:00:42,660 --> 01:00:46,500
 potential commercial development that would serve both the multifamily and the neighborhood

995
01:00:46,500 --> 01:00:48,780
 as well at a key intersection.

996
01:00:48,780 --> 01:00:54,700
 In terms of adequate public facilities, we want to first touch on traffic, it's an important

997
01:00:54,700 --> 01:00:59,060
 thing here, we had a TIA done that looked at not only the impact of the multifamily,

998
01:00:59,060 --> 01:01:02,420
 but also the potential impact of the future commercial, if and when that develops.

999
01:01:02,420 --> 01:01:08,780
 So the TIA indicated that both North Locust and Eastbound Loop 288, so those two primary

1000
01:01:08,780 --> 01:01:13,140
 roadways next to this, would continue to operate at least a level of service D or better all

1001
01:01:13,140 --> 01:01:17,580
 the way through 2030, which was the horizon for the study, so that's not only the impact

1002
01:01:17,580 --> 01:01:21,700
 of the multifamily, the existing traffic and growth, but also if that commercial develops

1003
01:01:21,700 --> 01:01:28,820
 as well, that those roadway linkages would stick me at the level that we require.

1004
01:01:28,820 --> 01:01:32,860
 Most surrounding intersections were indicated to be at least a level of service D through

1005
01:01:32,860 --> 01:01:37,700
 2030, for certain turning movements, there were some issues that needed to be addressed,

1006
01:01:37,700 --> 01:01:39,460
 I'll touch on those directly.

1007
01:01:39,460 --> 01:01:43,780
 At Locust and Beale, so the main entrance to this, there was a need for a traffic signal

1008
01:01:43,780 --> 01:01:47,020
 and the developer will be constructing that, one of the conditions will be that that will

1009
01:01:47,020 --> 01:01:51,520
 have to be constructed before anything is open on this site.

1010
01:01:51,520 --> 01:01:56,100
 Some of the left terms at Locust and 288 at certain times, this site would have an impact

1011
01:01:56,100 --> 01:02:00,200
 on that, not enough to require a traffic signal, but where this developer would need to pay

1012
01:02:00,200 --> 01:02:03,880
 the proportionate cost towards a future signal there.

1013
01:02:03,880 --> 01:02:10,020
 At Locust and Hercules, this site would have a limited impact, not enough for any mitigation

1014
01:02:10,020 --> 01:02:11,300
 to be required there.

1015
01:02:11,300 --> 01:02:15,580
 At Locust and AME, as discussed, there is a need for an improvement there, and so a

1016
01:02:15,580 --> 01:02:20,720
 number of options have been included in the plan subject to textile approval, but essentially

1017
01:02:20,720 --> 01:02:24,740
 a mitigation will have to be provided there to ensure that we're not having left out terms

1018
01:02:24,740 --> 01:02:28,720
 there to address the potential issues identified in the TIA.

1019
01:02:28,720 --> 01:02:32,260
 In addition, the future commercial development, when that comes in, they'll have to update

1020
01:02:32,260 --> 01:02:36,860
 the TIA, any contributions that are required of those uses will have to be assessed and

1021
01:02:36,860 --> 01:02:38,560
 provided at that time.

1022
01:02:38,560 --> 01:02:43,740
 So overall, the surrounding street linkages are expected to operate at an acceptable level,

1023
01:02:43,740 --> 01:02:47,820
 most terms are expected to be acceptable, and where not, mitigation is proposed where

1024
01:02:47,820 --> 01:02:50,180
 that's required.

1025
01:02:50,180 --> 01:02:53,340
 There is a park within a 16-minute walk.

1026
01:02:53,340 --> 01:02:57,420
 Water and sewer is provided and will be extended along Beale Street to serve both this development

1027
01:02:57,420 --> 01:02:59,820
 and the potential future commercial.

1028
01:02:59,820 --> 01:03:03,500
 There is 500-year floodplain on this site, which does not prevent development, but it

1029
01:03:03,500 --> 01:03:08,020
 does need to be addressed, and so the applicant is proposing two drainage ponds, and those

1030
01:03:08,020 --> 01:03:12,300
 will need to be designed to address both the drainage issues for this site and also to

1031
01:03:12,300 --> 01:03:14,620
 manage any drainage for the future commercial.

1032
01:03:14,620 --> 01:03:20,420
 So at times, civil engineering plan will be assessed for satisfying both of those.

1033
01:03:20,420 --> 01:03:21,860
 Public outreach was done.

1034
01:03:21,860 --> 01:03:28,940
 We did receive four responses in opposition, and I believe we provided you with those.

1035
01:03:28,940 --> 01:03:34,900
 So overall, staff does recommend approval with a number of conditions, and these essentially

1036
01:03:34,900 --> 01:03:40,420
 relate to locking in that site plan and landscape plan, but providing some staff flexibility

1037
01:03:40,420 --> 01:03:45,020
 as well as ensuring that all of the required infrastructure does need to be put in place

1038
01:03:45,020 --> 01:03:51,260
 while at the same time providing some flexibility for any necessary movements to those or minor

1039
01:03:51,260 --> 01:03:55,940
 changes to design in response to tech stock approvals.

1040
01:03:55,940 --> 01:03:57,580
 So with that, that is my presentation.

1041
01:03:57,580 --> 01:04:01,900
 The applicant is also here and has a presentation, and I'm happy to stand for any and all questions.

1042
01:04:01,900 --> 01:04:02,900
 Thank you, Sean.

1043
01:04:02,900 --> 01:04:06,940
 Any questions at this time for Sean?

1044
01:04:06,940 --> 01:04:07,940
 Commissioner Pruitt.

1045
01:04:07,940 --> 01:04:09,940
 Thank you, Chair.

1046
01:04:09,940 --> 01:04:14,300
 Sean, and maybe this will be covered in the applicant's presentation, but do we have any

1047
01:04:14,300 --> 01:04:23,540
 details from the applicant yet on the type of pedestrian gate and whether that would

1048
01:04:23,540 --> 01:04:25,720
 allow bicycle circulation?

1049
01:04:25,720 --> 01:04:31,140
 And then the second question I would have, I think this would be more for staff, is that

1050
01:04:31,140 --> 01:04:36,060
 path that comes down south to the southeast corner of the lot there looks like it's about

1051
01:04:36,060 --> 01:04:44,180
 120 feet maybe, basically the lot depth between that corner and the neighborhood street to

1052
01:04:44,180 --> 01:04:45,180
 the east of there.

1053
01:04:45,180 --> 01:04:53,420
 And sorry, I should have looked up that name, but just the street that goes north from Hercules

1054
01:04:53,420 --> 01:04:54,420
 there.

1055
01:04:54,420 --> 01:04:55,420
 That would be Redstone?

1056
01:04:55,420 --> 01:04:56,420
 Yes.

1057
01:04:56,420 --> 01:04:57,420
 Thank you.

1058
01:04:57,420 --> 01:05:01,100
 Are there any plans either in conjunction with this development or separate from that

1059
01:05:01,100 --> 01:05:10,620
 that the city has to connect that path to that sidewalk with a hundred feet of work?

1060
01:05:10,620 --> 01:05:12,500
 There are no set plans at this time.

1061
01:05:12,500 --> 01:05:18,580
 I know just from talking with transportation, they're just looking at potentially how they

1062
01:05:18,580 --> 01:05:20,780
 want to address the wideness of the street there.

1063
01:05:20,780 --> 01:05:21,780
 But it's certainly something we've discussed.

1064
01:05:21,780 --> 01:05:25,460
 It's also something we've discussed with parks, so certainly something can be looked at, but

1065
01:05:25,460 --> 01:05:27,580
 there are no plans in place at this time.

1066
01:05:27,580 --> 01:05:28,580
 Okay.

1067
01:05:28,580 --> 01:05:29,700
 Thank you.

1068
01:05:29,700 --> 01:05:32,420
 Any other questions for Shawn at this time?

1069
01:05:32,420 --> 01:05:33,420
 Okay.

1070
01:05:33,420 --> 01:05:34,420
 Thanks, Shawn.

1071
01:05:34,420 --> 01:05:37,940
 With that, I will invite Trey Jacobson.

1072
01:05:37,940 --> 01:05:38,940
 I assume no relation.

1073
01:05:38,940 --> 01:05:41,940
 Not as far as we know.

1074
01:05:41,940 --> 01:05:44,380
 He is the applicant.

1075
01:05:44,380 --> 01:05:48,700
 I will invite him up to the podium.

1076
01:05:48,700 --> 01:05:54,620
 Chair, thank you for just claiming any relationship.

1077
01:05:54,620 --> 01:05:56,860
 I was going to make that same comment.

1078
01:05:56,860 --> 01:05:58,660
 I'm Trey Jacobson.

1079
01:05:58,660 --> 01:06:00,500
 I am a land use consultant.

1080
01:06:00,500 --> 01:06:02,500
 I'm based out of San Antonio.

1081
01:06:02,500 --> 01:06:06,940
 Joining me today is Brian Bridgewater with Mann Heart Consulting.

1082
01:06:06,940 --> 01:06:08,700
 He's the civil engineer of the project.

1083
01:06:08,700 --> 01:06:11,900
 We do not have the architects here, but I did want to at least let you know that we

1084
01:06:11,900 --> 01:06:14,660
 have a strong group and team on the project.

1085
01:06:14,660 --> 01:06:15,660
 Oops.

1086
01:06:15,660 --> 01:06:19,820
 Here's if I can go back.

1087
01:06:19,820 --> 01:06:23,420
 So we represent Landmark Companies, which is a national development company.

1088
01:06:23,420 --> 01:06:25,740
 They are based out of Florida.

1089
01:06:25,740 --> 01:06:28,060
 They do work all over the nation.

1090
01:06:28,060 --> 01:06:33,060
 They do work all over Texas, and our companies do a lot of work with them in the Metroplex.

1091
01:06:33,060 --> 01:06:39,500
 They do high-quality market rate apartment projects, highly amenitized, and we're looking

1092
01:06:39,500 --> 01:06:40,500
 forward to working with them.

1093
01:06:40,500 --> 01:06:43,180
 And I can say I'm thrilled that we're actually here today.

1094
01:06:43,180 --> 01:06:49,980
 This has been an 18-month process by which we've gone through to get here, and it started

1095
01:06:49,980 --> 01:06:51,900
 in March of 2021.

1096
01:06:51,900 --> 01:06:55,980
 This is something that Shawn didn't really mention, but we actually reached out prior

1097
01:06:55,980 --> 01:06:59,540
 to any revealing of any kind of plans or intentions.

1098
01:06:59,540 --> 01:07:02,220
 We sent letters to everybody within 500 feet.

1099
01:07:02,220 --> 01:07:06,460
 We invited them to complete a survey, indicating what their concerns, thoughts, requests were

1100
01:07:06,460 --> 01:07:08,180
 for the property.

1101
01:07:08,180 --> 01:07:12,340
 We didn't get a lot of people to respond, but those who did were telling us they didn't

1102
01:07:12,340 --> 01:07:16,020
 want this to be a commercial area, and maybe they followed from the 2019 rezoning of the

1103
01:07:16,020 --> 01:07:18,300
 site that is fresh on their minds.

1104
01:07:18,300 --> 01:07:21,140
 They didn't want things that were going to negatively impact their neighborhood.

1105
01:07:21,140 --> 01:07:22,740
 They didn't want traffic on Hercules.

1106
01:07:22,740 --> 01:07:25,100
 They wanted it away from the neighborhood.

1107
01:07:25,100 --> 01:07:29,220
 And interestingly, somebody wanted walking trails and sidewalks to connect to the neighborhood.

1108
01:07:29,220 --> 01:07:30,300
 So we took that information.

1109
01:07:30,300 --> 01:07:32,420
 We worked on our initial site plan.

1110
01:07:32,420 --> 01:07:36,180
 We briefed the neighborhood in July of last year.

1111
01:07:36,180 --> 01:07:40,740
 And what we heard back generally was there was support for apartments over the intensity

1112
01:07:40,740 --> 01:07:42,500
 of the commercial uses that could go there.

1113
01:07:42,500 --> 01:07:46,140
 They wanted traffic toward Locust and away from their neighborhood.

1114
01:07:46,140 --> 01:07:48,980
 They were happy to hear that we were talking about traffic improvements, but there still

1115
01:07:48,980 --> 01:07:49,980
 was concerns.

1116
01:07:49,980 --> 01:07:56,420
 And what they did not want, and Sean mentioned this a second ago, was any kind of vehicular

1117
01:07:56,420 --> 01:07:57,620
 connection through the neighborhood.

1118
01:07:57,620 --> 01:07:58,620
 They were concerned.

1119
01:07:58,620 --> 01:08:04,780
 I think it's irrelevant, and it's true, is that if that access was there, that there

1120
01:08:04,780 --> 01:08:07,380
 would be cut-through traffic through their neighborhood.

1121
01:08:07,380 --> 01:08:09,740
 So this process was 18 months to complete.

1122
01:08:09,740 --> 01:08:13,060
 There were 10 plan resumables as we were going through this.

1123
01:08:13,060 --> 01:08:17,740
 I guess it's important to know that your staff works very hard to make sure that all of the

1124
01:08:17,740 --> 01:08:22,900
 details of these plans are rigidly adhered to, and they have done a great job.

1125
01:08:22,900 --> 01:08:26,780
 We have been forced to, at this point, do site plans, drainage plans, landscaping plans,

1126
01:08:26,780 --> 01:08:27,780
 utilities.

1127
01:08:27,780 --> 01:08:30,340
 We can tell you where the transformers are going to be on this project.

1128
01:08:30,340 --> 01:08:35,060
 And we've done two different traffic studies to get us to this point at considerable development

1129
01:08:35,060 --> 01:08:36,420
 expense, I might add.

1130
01:08:36,420 --> 01:08:41,060
 Now that we were able to go, we had a neighborhood update even as late as last week just to let

1131
01:08:41,060 --> 01:08:44,100
 everybody know what was going on.

1132
01:08:44,100 --> 01:08:47,900
 There are people that are opposed clearly to development around the area.

1133
01:08:47,900 --> 01:08:54,220
 There's a concern broadly about unresolved infrastructure issues writ large in the area.

1134
01:08:54,220 --> 01:08:57,700
 But generally there was support, continued support, for apartments versus commercial

1135
01:08:57,700 --> 01:08:59,940
 and how we were directing the traffic.

1136
01:08:59,940 --> 01:09:04,540
 And there was support making sure that Atlas Drive was for emergency access only.

1137
01:09:04,540 --> 01:09:07,900
 Now the current zoning, as was mentioned, was really a suburban commercial corridor,

1138
01:09:07,900 --> 01:09:17,420
 which is an intense, moderate to intense commercial office retail location, and it provides four-story

1139
01:09:17,420 --> 01:09:18,420
 buildings.

1140
01:09:18,420 --> 01:09:19,420
 So it's fairly intense.

1141
01:09:19,420 --> 01:09:23,980
 And you're familiar with the types of land uses, and that multifamily is permitted by

1142
01:09:23,980 --> 01:09:25,140
 specific use permit.

1143
01:09:25,140 --> 01:09:31,580
 And that really fundamentally frames the question for you today is do you want an entire 54

1144
01:09:31,580 --> 01:09:37,020
 acres worth of intense moderate density retail commercial activity there, or is it better

1145
01:09:37,020 --> 01:09:43,020
 given some of the residential uses around it to actually incorporate some of the multifamily

1146
01:09:43,020 --> 01:09:45,380
 that is designed and meeting the standards here.

1147
01:09:45,380 --> 01:09:48,780
 So this is an intersection that everybody knows in Denton.

1148
01:09:48,780 --> 01:09:50,980
 It's University in North Locust.

1149
01:09:50,980 --> 01:09:53,620
 There's a Kroger there if you've shopped there.

1150
01:09:53,620 --> 01:09:58,460
 If you add up all the acreages within those two yellow boxes on both sides of the streets,

1151
01:09:58,460 --> 01:10:00,680
 that's just under 22 acres.

1152
01:10:00,680 --> 01:10:02,660
 This site is 54 acres.

1153
01:10:02,660 --> 01:10:05,540
 So it's a massive site.

1154
01:10:05,540 --> 01:10:11,260
 And so if you kept this as a suburban commercial and did not kind of mix it up with something,

1155
01:10:11,260 --> 01:10:14,460
 you're going to have a level of intensity for commercial activity that probably would

1156
01:10:14,460 --> 01:10:16,580
 overwhelm the area.

1157
01:10:16,580 --> 01:10:20,460
 And I think that's relevant to and reflects in some of the neighborhood comments that

1158
01:10:20,460 --> 01:10:21,460
 we got.

1159
01:10:21,460 --> 01:10:24,220
 Now, the final site plan was Sean.

1160
01:10:24,220 --> 01:10:26,260
 This is a colorized version of it.

1161
01:10:26,260 --> 01:10:27,260
 I want to stress this point.

1162
01:10:27,260 --> 01:10:28,260
 He didn't even mention acreage.

1163
01:10:28,260 --> 01:10:35,300
 There's still 17 acres of commercial zoned, available space for future development here,

1164
01:10:35,300 --> 01:10:36,740
 even after the site is developed.

1165
01:10:36,740 --> 01:10:41,460
 So it's not that you're going to not have a lot, none, but you're not going to have

1166
01:10:41,460 --> 01:10:42,460
 54 acres.

1167
01:10:42,460 --> 01:10:43,460
 You're going to have a substantial amount.

1168
01:10:43,460 --> 01:10:49,460
 I know, again, we talked about this area here being no-build, but I also want to mention

1169
01:10:49,460 --> 01:10:56,000
 that in terms of distances, that DME easement is 110 feet across.

1170
01:10:56,000 --> 01:11:00,000
 So there's no construction, no building, anything in that DME easement.

1171
01:11:00,000 --> 01:11:05,780
 So it provides a natural development buffer against the single-family homes.

1172
01:11:05,780 --> 01:11:09,780
 Actually Sean covered all these aspects of the project and how it was designed, so I'll

1173
01:11:09,780 --> 01:11:10,780
 skip that.

1174
01:11:10,780 --> 01:11:13,460
 I will also mention that this is a phase development.

1175
01:11:13,460 --> 01:11:17,500
 So everything that's not in yellow is going to be developed in the first phase.

1176
01:11:17,500 --> 01:11:23,620
 Those are the requirements for the project, including all the infrastructure.

1177
01:11:23,620 --> 01:11:28,340
 Intersection improvements, road extension signals, all the sidewalks, all the drainage,

1178
01:11:28,340 --> 01:11:30,380
 all the amenities will be in phase one.

1179
01:11:30,380 --> 01:11:34,180
 And again, those will be sized and incorporated to even handle the commercial development

1180
01:11:34,180 --> 01:11:35,960
 later.

1181
01:11:35,960 --> 01:11:38,700
 This is how it breaks out, just for your information.

1182
01:11:38,700 --> 01:11:44,460
 The phase one is the area to the south, and with all that, DME easement has 64 percent

1183
01:11:44,460 --> 01:11:47,940
 open space for the first apartments.

1184
01:11:47,940 --> 01:11:52,300
 And the second phase will be delayed for a period of time in order to allow for the first

1185
01:11:52,300 --> 01:11:57,900
 phase to be built, lease up, and so there'll be some state, there'll be a transition there.

1186
01:11:57,900 --> 01:12:02,660
 If you, in the aggregate, there's only, this project's approximately 18 units to an acre

1187
01:12:02,660 --> 01:12:05,940
 of density when you put it all together.

1188
01:12:05,940 --> 01:12:07,900
 So let me stop there.

1189
01:12:07,900 --> 01:12:12,220
 We are available if you have any questions, or if you need us to respond to anything later

1190
01:12:12,220 --> 01:12:13,220
 on.

1191
01:12:13,220 --> 01:12:14,220
 So check.

1192
01:12:14,220 --> 01:12:15,220
 Thank you Mr. Jacobson.

1193
01:12:15,220 --> 01:12:20,960
 Any questions at this time for Commissioner Anderson?

1194
01:12:20,960 --> 01:12:21,960
 Thank you Chair.

1195
01:12:21,960 --> 01:12:22,960
 I do have a question.

1196
01:12:22,960 --> 01:12:23,960
 Yes.

1197
01:12:23,960 --> 01:12:27,660
 Lots one, two, three, you know, for commercial.

1198
01:12:27,660 --> 01:12:32,060
 Is that going to be, is that designated as, like, restaurants, retail, you know what that's

1199
01:12:32,060 --> 01:12:33,060
 going to be eventually?

1200
01:12:33,060 --> 01:12:34,060
 No.

1201
01:12:34,060 --> 01:12:35,060
 Not at this time.

1202
01:12:35,060 --> 01:12:38,420
 I mean, the sellers are retaining the ownership of it.

1203
01:12:38,420 --> 01:12:40,300
 Our client is not acquiring that.

1204
01:12:40,300 --> 01:12:45,100
 We've had to master plan that, I think, smartly at the staff's urging to understand what the

1205
01:12:45,100 --> 01:12:46,100
 impacts were.

1206
01:12:46,100 --> 01:12:51,420
 We, there's been some assumptions for traffic planning about some intensity.

1207
01:12:51,420 --> 01:12:57,140
 I can tell you the types of uses that were assumed and were like a grocery store, given

1208
01:12:57,140 --> 01:13:01,980
 its proximity to the residential uses, a couple of different strip centers, I think equating

1209
01:13:01,980 --> 01:13:08,180
 to about 55,000 square feet, a gas station, convenience store, and some standalone restaurants

1210
01:13:08,180 --> 01:13:13,100
 were the assumptions in the development planning, but are, is that what's going to happen?

1211
01:13:13,100 --> 01:13:14,340
 I have no idea.

1212
01:13:14,340 --> 01:13:15,340
 Okay.

1213
01:13:15,340 --> 01:13:18,300
 But your part of it is just the complex and stuff?

1214
01:13:18,300 --> 01:13:19,300
 That's right.

1215
01:13:19,300 --> 01:13:20,300
 Okay.

1216
01:13:20,300 --> 01:13:23,300
 That's both of those, combined apartment development is what we're talking about.

1217
01:13:23,300 --> 01:13:24,300
 Phase four and phase five.

1218
01:13:24,300 --> 01:13:25,300
 Okay.

1219
01:13:25,300 --> 01:13:30,300
 Any other questions at this time?

1220
01:13:30,300 --> 01:13:31,300
 Commissioner Smith.

1221
01:13:31,300 --> 01:13:32,300
 Thank you, chair.

1222
01:13:32,300 --> 01:13:36,900
 Do you think it's foreseeable within your, no, I see the site plan on the setback, the

1223
01:13:36,900 --> 01:13:40,420
 100 foot setback that you guys have from the single family residential to the east.

1224
01:13:40,420 --> 01:13:44,420
 Do you think it's feasible to say that buffer, the buffer of trees along the back fence of

1225
01:13:44,420 --> 01:13:47,860
 all those will still be maintained by your project as you guys have it drawn out?

1226
01:13:47,860 --> 01:13:48,860
 Yes.

1227
01:13:48,860 --> 01:13:49,860
 Okay.

1228
01:13:49,860 --> 01:13:55,460
 Commissioner Prudt.

1229
01:13:55,460 --> 01:13:56,460
 Thank you, chair.

1230
01:13:56,460 --> 01:14:00,620
 I guess I'll direct my question to you.

1231
01:14:00,620 --> 01:14:04,460
 I think we heard about the fact that there would be some pedestrian access right next

1232
01:14:04,460 --> 01:14:06,340
 to that emergency gate.

1233
01:14:06,340 --> 01:14:11,700
 Would it be feasible for someone to bike through there and are any of the plans or ideas of

1234
01:14:11,700 --> 01:14:16,500
 that fleshed out to a certain specificity yet or is that just an idea?

1235
01:14:16,500 --> 01:14:23,900
 I believe that the intent of doing this is to actually build public right of way across

1236
01:14:23,900 --> 01:14:24,900
 the entirety.

1237
01:14:24,900 --> 01:14:30,440
 So from Redland that people on bikes or pedestrians can walk all the way through that is a public

1238
01:14:30,440 --> 01:14:32,460
 drive that's being built.

1239
01:14:32,460 --> 01:14:38,660
 I believe the control gates are really to, are like knocks box for emergency access,

1240
01:14:38,660 --> 01:14:42,340
 for limiting access to fire and emergency vehicles in there.

1241
01:14:42,340 --> 01:14:47,060
 I don't know that we have, do we have the design specified yet, but I mean my understanding

1242
01:14:47,060 --> 01:14:52,180
 is it's meant to limit vehicular traffic, not prevent bike or pedestrians.

1243
01:14:52,180 --> 01:14:57,540
 In fact, I believe the intention of the, through our design efforts, was to encourage that

1244
01:14:57,540 --> 01:14:59,980
 pedestrian bike connectivity.

1245
01:14:59,980 --> 01:15:00,980
 Okay.

1246
01:15:00,980 --> 01:15:01,980
 Yeah.

1247
01:15:01,980 --> 01:15:11,980
 And moreover, I should say that the gate is after the trails under the DME, it's on the

1248
01:15:11,980 --> 01:15:16,380
 private side of the DME.

1249
01:15:16,380 --> 01:15:17,380
 Understood.

1250
01:15:17,380 --> 01:15:22,940
 And it would be your property and your design for, not for the vehicular gate, but for the

1251
01:15:22,940 --> 01:15:28,300
 pass through of the pedestrian kind of walkway path.

1252
01:15:28,300 --> 01:15:33,180
 My concern really is that, I mean, we're putting 60 bicycle parking spaces in this complex

1253
01:15:33,180 --> 01:15:38,940
 and I really don't want any of them to think that they should get out on West, on Locust,

1254
01:15:38,940 --> 01:15:45,740
 on Locust there, where the speed limit's probably 55 and people are gonna probably go in 70.

1255
01:15:45,740 --> 01:15:53,100
 And so, what I don't want to happen is see this go up and there be, you know, a publicly

1256
01:15:53,100 --> 01:15:59,220
 accessible walkway, but where you have to, you know, open it and then hold this with

1257
01:15:59,220 --> 01:16:03,220
 your left toe while you hold your bag on your back and get your bike through there and fall

1258
01:16:03,220 --> 01:16:05,340
 over in the process.

1259
01:16:05,340 --> 01:16:09,700
 So I just didn't know if there was any specificity that we could have confidence that...

1260
01:16:09,700 --> 01:16:13,940
 I believe that the sidewalks are open and I'm not...

1261
01:16:13,940 --> 01:16:18,700
 I believe it's simply meant to be a vehicular emergency access gate.

1262
01:16:18,700 --> 01:16:19,700
 Okay.

1263
01:16:19,700 --> 01:16:23,620
 It should remain open for pedestrians or bikes that flow across it at all times.

1264
01:16:23,620 --> 01:16:24,620
 Okay.

1265
01:16:24,620 --> 01:16:25,620
 Thank you.

1266
01:16:25,620 --> 01:16:28,300
 Commissioner Prue, I think Sean might have something he can add to that.

1267
01:16:28,300 --> 01:16:33,020
 Yeah, I just wanted to confirm that with the design, the gate is really just there for

1268
01:16:33,020 --> 01:16:41,580
 the vehicles, the sidewalks go right...they start out, they go right on through.

1269
01:16:41,580 --> 01:16:45,020
 Any other questions at this moment for...

1270
01:16:45,020 --> 01:16:50,340
 I assume that you've read all the detailed conditions that staff put in there and they

1271
01:16:50,340 --> 01:16:51,340
 are acceptable, correct?

1272
01:16:51,340 --> 01:16:52,340
 We're very well aware of them.

1273
01:16:52,340 --> 01:16:53,340
 Yes.

1274
01:16:53,340 --> 01:16:55,380
 We are fully aware of them through the design process.

1275
01:16:55,380 --> 01:16:56,380
 And are okay with them?

1276
01:16:56,380 --> 01:16:57,380
 Yes, ma'am.

1277
01:16:57,380 --> 01:16:58,380
 Excellent.

1278
01:16:58,380 --> 01:16:59,380
 Okay.

1279
01:16:59,380 --> 01:17:00,380
 Very good.

1280
01:17:00,380 --> 01:17:01,380
 Thank you.

1281
01:17:01,380 --> 01:17:06,220
 Seeing no further questions for the applicant, I will move on to the next card that I have

1282
01:17:06,220 --> 01:17:12,180
 to speak and that would be Diana Orender.

1283
01:17:12,180 --> 01:17:16,140
 Come on up to the podium and state your name and address and your time will begin.

1284
01:17:16,140 --> 01:17:17,140
 Hi.

1285
01:17:17,140 --> 01:17:18,140
 Good evening.

1286
01:17:18,140 --> 01:17:24,420
 Thank you for letting us speak and actually Sean answered a lot of my questions, but I

1287
01:17:24,420 --> 01:17:31,700
 would just wanted to make a brief comment regarding that entire corridor because once

1288
01:17:31,700 --> 01:17:40,660
 you see another multifamily going in and there's already one under construction and one was

1289
01:17:40,660 --> 01:17:48,620
 just finished and now I live in the neighborhood just east of the one that includes Atlas and

1290
01:17:48,620 --> 01:17:57,300
 Redstone, so while I was not given the opportunity to comment on it earlier, in the phase, in

1291
01:17:57,300 --> 01:18:02,580
 the development, it still does affect me because I still have to deal with the traffic, I still

1292
01:18:02,580 --> 01:18:08,940
 have to deal with thousands and thousands and thousands of more cars and human beings

1293
01:18:08,940 --> 01:18:10,020
 being presented.

1294
01:18:10,020 --> 01:18:13,340
 So here are my written remarks.

1295
01:18:13,340 --> 01:18:18,500
 I have lived in Denton County since 1994 when I moved into my current home off of Stewart

1296
01:18:18,500 --> 01:18:19,860
 Road in 2007.

1297
01:18:19,860 --> 01:18:25,220
 It was just my neighborhood and the one that includes Atlas and Redstone.

1298
01:18:25,220 --> 01:18:29,700
 Our two neighborhoods were the farthest north and to still be inside the city limits of

1299
01:18:29,700 --> 01:18:32,180
 Denton, I know that things change.

1300
01:18:32,180 --> 01:18:35,740
 I've worked in local and county government for over 20 years.

1301
01:18:35,740 --> 01:18:40,380
 I know growing means we're doing something right and people want to be here, so I'm not

1302
01:18:40,380 --> 01:18:43,780
 against change at all.

1303
01:18:43,780 --> 01:18:47,840
 When I saw the signs for this development, I immediately had some questions.

1304
01:18:47,840 --> 01:18:51,380
 My first question was how are we going to deal with the extra traffic?

1305
01:18:51,380 --> 01:19:00,500
 I'm so glad that there were some traffic lights included in this plan.

1306
01:19:00,500 --> 01:19:04,620
 We are also concerned about the sidewalks and the bike lanes.

1307
01:19:04,620 --> 01:19:08,580
 I know we have bike lanes on the south side of Hercules Lane.

1308
01:19:08,580 --> 01:19:18,020
 I'm not sure there's a through bike lane on the north side or not.

1309
01:19:18,020 --> 01:19:24,780
 Also, Locust is a concern because it's not very well lit, there's no shoulder.

1310
01:19:24,780 --> 01:19:31,780
 The intersection of Hercules and Locust has become more dangerous lately just because

1311
01:19:31,780 --> 01:19:36,020
 of the ... Oh, I'm almost out of time.

1312
01:19:36,020 --> 01:19:37,800
 My main concern is the grocery store.

1313
01:19:37,800 --> 01:19:44,460
 We do not have any grocery stores on the north side of our town and hopefully they will use

1314
01:19:44,460 --> 01:19:52,260
 that additional commercial to give us a grocery store soon.

1315
01:19:52,260 --> 01:19:54,020
 Thank you so much for your time.

1316
01:19:54,020 --> 01:19:56,740
 Thank you for being here and sharing your thoughts and comments.

1317
01:19:56,740 --> 01:19:58,740
 Appreciate that.

1318
01:19:58,740 --> 01:20:02,940
 The next card I have to speak is Gabriella Muntazan.

1319
01:20:02,940 --> 01:20:03,940
 Hello.

1320
01:20:03,940 --> 01:20:04,940
 Hello.

1321
01:20:04,940 --> 01:20:10,060
 Good evening, y'all.

1322
01:20:10,060 --> 01:20:11,060
 My name is Gabby Mantacon.

1323
01:20:11,060 --> 01:20:12,060
 I'm a Detonative.

1324
01:20:12,060 --> 01:20:16,380
 As a child, I lived just off of Stewart Road and I now live off of Locust Street near this

1325
01:20:16,380 --> 01:20:18,780
 proposed development.

1326
01:20:18,780 --> 01:20:22,420
 I'd like to bring a few concerns to your attention tonight.

1327
01:20:22,420 --> 01:20:23,940
 The development looks beautiful.

1328
01:20:23,940 --> 01:20:28,340
 I love the green space and the flood mitigation included, but it's the surrounding areas that

1329
01:20:28,340 --> 01:20:30,780
 have given me cause for concern.

1330
01:20:30,780 --> 01:20:35,860
 The first is I want to second the unresolved infrastructure deficiency as outlined in the

1331
01:20:35,860 --> 01:20:37,980
 presentations.

1332
01:20:37,980 --> 01:20:43,060
 Locust is one lane each way with inconsistent turn lanes, lack of protection on the turns,

1333
01:20:43,060 --> 01:20:44,060
 incomplete sidewalks.

1334
01:20:44,060 --> 01:20:45,060
 They're on one side of the road.

1335
01:20:45,060 --> 01:20:46,060
 Then they're on the other.

1336
01:20:46,060 --> 01:20:49,060
 They're not connected.

1337
01:20:49,060 --> 01:20:50,060
 Poorly lit.

1338
01:20:50,060 --> 01:20:56,660
 That speed limit is a suggestion to most people coming into town.

1339
01:20:56,660 --> 01:21:00,960
 I'm concerned about the increased needs the development will place on that thoroughfare.

1340
01:21:00,960 --> 01:21:06,580
 I know it was just improved, but I don't know if that's enough to sustain this much more

1341
01:21:06,580 --> 01:21:10,740
 people coming into the area.

1342
01:21:10,740 --> 01:21:16,660
 The proposed development is located in a census tract that has already added 982 housing units

1343
01:21:16,660 --> 01:21:21,540
 over the past couple of years in 4.6 square miles.

1344
01:21:21,540 --> 01:21:25,580
 If the development were approved, that would increase it by 3,000 people in less than five

1345
01:21:25,580 --> 01:21:26,580
 years.

1346
01:21:26,580 --> 01:21:30,060
 My main concern for this development is that residents on the north side of Denton, where

1347
01:21:30,060 --> 01:21:34,860
 I've lived for 15 plus years, already reside in a food desert with poor access to fresh

1348
01:21:34,860 --> 01:21:36,660
 food and vegetables.

1349
01:21:36,660 --> 01:21:40,500
 We are a low income and low access to grocery stores.

1350
01:21:40,500 --> 01:21:44,380
 The census tract currently has a poverty level double the county average with a significant

1351
01:21:44,380 --> 01:21:47,780
 amount of residents more than a mile away from the nearest food store.

1352
01:21:47,780 --> 01:21:51,020
 There are actually only five grocery stores north of university, and most of them are

1353
01:21:51,020 --> 01:21:53,620
 on university itself.

1354
01:21:53,620 --> 01:21:57,880
 From Asbury Methodist Church, the shortest walk to a grocery store is 40 minutes, and

1355
01:21:57,880 --> 01:22:01,980
 you must walk because there are no bus stops north of Windsor, and even if you did make

1356
01:22:01,980 --> 01:22:08,300
 a dangerous walk from the church to Locust with those incomplete sidewalks, the bus stop

1357
01:22:08,300 --> 01:22:13,780
 located at Windsor and Elm doesn't connect to the DCTA routes that serve and access Kroger,

1358
01:22:13,780 --> 01:22:16,400
 Walmart, anything on university.

1359
01:22:16,400 --> 01:22:19,940
 In order to add multifamily housing to our city, we have to support our families with

1360
01:22:19,940 --> 01:22:21,300
 wise development.

1361
01:22:21,300 --> 01:22:25,140
 The Denton 2040 Comprehensive Plan gives us those mobility outlines that I was happy to

1362
01:22:25,140 --> 01:22:29,940
 see addressed, but it also has a community health goal that promotes access to healthy

1363
01:22:29,940 --> 01:22:34,380
 foods by evaluating food access with each new development.

1364
01:22:34,380 --> 01:22:39,540
 I'm concerned the high development in this area is not going to align with Denton's vision

1365
01:22:39,540 --> 01:22:45,260
 for our community and citizens and all those kiddos moving in, and I'd like to request

1366
01:22:45,260 --> 01:22:50,260
 that the recommended actions would include tax incentives for the development of a grocery

1367
01:22:50,260 --> 01:22:56,180
 store in those additional tracks, so we're not just kind of in a Taco Bell and 7-Eleven

1368
01:22:56,180 --> 01:22:58,380
 situation like we are on the other side of Sherman.

1369
01:22:58,380 --> 01:23:01,940
 I'd really like to see more access to groceries on my side of town.

1370
01:23:01,940 --> 01:23:02,940
 Thank you.

1371
01:23:02,940 --> 01:23:03,940
 Thank you for being here.

1372
01:23:03,940 --> 01:23:06,660
 Any questions for the speaker?

1373
01:23:06,660 --> 01:23:07,660
 No?

1374
01:23:07,660 --> 01:23:08,660
 Okay.

1375
01:23:08,660 --> 01:23:09,660
 Thank you.

1376
01:23:09,660 --> 01:23:14,180
 Next card I have is Lauren Upchurch.

1377
01:23:14,180 --> 01:23:17,420
 Good evening.

1378
01:23:17,420 --> 01:23:18,420
 Hi there.

1379
01:23:18,420 --> 01:23:20,860
 I'll just state your name and address, your time will begin.

1380
01:23:20,860 --> 01:23:21,860
 Yes.

1381
01:23:21,860 --> 01:23:29,980
 I am a resident of the neighborhood directly adjacent to the proposed development.

1382
01:23:29,980 --> 01:23:36,740
 In fact, my house is three doors down from the dead end of Atlas Drive that is being

1383
01:23:36,740 --> 01:23:47,300
 proposed to be built out as a throughway for the two apartment complexes proposed by Landmark,

1384
01:23:47,300 --> 01:23:55,380
 and I am here in support of the proposed developments as my understanding is it's either apartments

1385
01:23:55,380 --> 01:24:03,580
 or commercial, and the thought of 54 acres, him showing us exactly how big 54 acres of

1386
01:24:03,580 --> 01:24:10,460
 commercial or office buildings or whatever, I definitely would like, especially me being

1387
01:24:10,460 --> 01:24:16,420
 able to see from my front yard what's going to be all the way down that street once it's

1388
01:24:16,420 --> 01:24:25,700
 opened up, I would much rather see an apartment complex than the back of an office building

1389
01:24:25,700 --> 01:24:32,100
 or what have you.

1390
01:24:32,100 --> 01:24:42,360
 I went to both neighborhood meetings that Trey hosted, and yes, I did speak out in regards

1391
01:24:42,360 --> 01:24:50,820
 to wanting the vehicle gate blocking off Atlas Drive.

1392
01:24:50,820 --> 01:24:56,660
 I do not want a bunch of traffic going through, well, especially down my street, like right

1393
01:24:56,660 --> 01:25:04,180
 in front of my house, so I do approve of what they are saying so far as far as that emergency

1394
01:25:04,180 --> 01:25:12,380
 gate and especially including the open access for pedestrians and bicycles, because I do

1395
01:25:12,380 --> 01:25:13,380
 have a dog.

1396
01:25:13,380 --> 01:25:18,100
 He has recently learned how to walk on a leash fine, and I would be happy to walk along some

1397
01:25:18,100 --> 01:25:24,020
 trails or if they have a nice tree line thing through the neighborhood, but I think it would

1398
01:25:24,020 --> 01:25:35,100
 also go both ways that once the commercial section of that large tract of land is developed

1399
01:25:35,100 --> 01:25:41,040
 that the apartment dwellers would not want my neighborhood going through there, clogging

1400
01:25:41,040 --> 01:25:49,860
 up their way on to get to the, well, hopefully grocery store as this previous speaker said,

1401
01:25:49,860 --> 01:25:58,540
 because yes, we do need a grocery store, but yeah, I think the way it's been laid out is

1402
01:25:58,540 --> 01:26:07,660
 highest and best use of the land as it is, and in my amateur opinion, for the immediate

1403
01:26:07,660 --> 01:26:14,060
 needs of the area as Denton grows, as DFW grows, and yes, we're on the north part, all

1404
01:26:14,060 --> 01:26:20,980
 we can do is move outward and we are that boundary right now, I understand that, and

1405
01:26:20,980 --> 01:26:23,620
 so that's all I've got for you, thank you.

1406
01:26:23,620 --> 01:26:25,900
 Thank you very much.

1407
01:26:25,900 --> 01:26:33,180
 Okay, I don't have, I've got a white card here from Melvin Hasler.

1408
01:26:33,180 --> 01:26:37,020
 I don't know if you are here, I don't know that you wish to speak.

1409
01:26:37,020 --> 01:26:49,780
 You might have just filled it out, oh, Mr. Melvin, did you want to speak at all?

1410
01:26:49,780 --> 01:26:51,380
 You don't have to.

1411
01:26:51,380 --> 01:26:53,420
 Hello, sir.

1412
01:26:53,420 --> 01:27:11,660
 We've had this going in consideration and planning and all details looked at over a

1413
01:27:11,660 --> 01:27:20,340
 period of over two years now, and I feel like everything should be worked out to be satisfactory

1414
01:27:20,340 --> 01:27:26,860
 for the best use of this property, and I think it'll be very helpful to the city in many

1415
01:27:26,860 --> 01:27:39,140
 ways, so I really absolutely hope that this can be looked at in a positive manner from,

1416
01:27:39,140 --> 01:27:42,020
 you know, the way it's being presented.

1417
01:27:42,020 --> 01:27:43,020
 Thank you.

1418
01:27:43,020 --> 01:27:47,100
 Thank you for being here.

1419
01:27:47,100 --> 01:27:53,140
 I don't have any other cards in front of me, but this is a public hearing, and you are

1420
01:27:53,140 --> 01:27:57,100
 welcome to fill one out later if you want to come up to the podium to speak.

1421
01:27:57,100 --> 01:28:02,380
 Is there anyone in the audience wishing to speak who has not yet?

1422
01:28:02,380 --> 01:28:04,460
 Okay.

1423
01:28:04,460 --> 01:28:13,580
 Seeing none, I will close the public hearing and open the floor for motion or a discussion.

1424
01:28:13,580 --> 01:28:19,340
 Before I get to your motion, I've just got a couple of questions myself that I need answered,

1425
01:28:19,340 --> 01:28:20,340
 if that's okay.

1426
01:28:20,340 --> 01:28:22,940
 Karina, this one might be for you.

1427
01:28:22,940 --> 01:28:26,660
 It has to do with Condition 9.

1428
01:28:26,660 --> 01:28:32,140
 I just want a little bit more clarity as we have subject to approval of TXDOT, and if

1429
01:28:32,140 --> 01:28:55,300
 you can share with me and everyone what that means.

1430
01:28:55,300 --> 01:28:59,060
 Karina Maldonado, Transportation Planner with Development Services.

1431
01:28:59,060 --> 01:29:02,180
 So I have to read the condition because I'm not familiar with the language.

1432
01:29:02,180 --> 01:29:05,820
 I know we had discussions internally, so just give me one second.

1433
01:29:05,820 --> 01:29:07,700
 It's really just the beginning of that comment.

1434
01:29:07,700 --> 01:29:08,700
 I'm sorry?

1435
01:29:08,700 --> 01:29:13,100
 It's really just the beginning of that condition where it says subject to TXDOT approval.

1436
01:29:13,100 --> 01:29:16,260
 I wonder if you could enlighten us on that.

1437
01:29:16,260 --> 01:29:17,260
 Yes.

1438
01:29:17,260 --> 01:29:24,420
 So this project is located adjacent to TXDOT facilities, so Locust Street is a TXDOT roadway.

1439
01:29:24,420 --> 01:29:30,180
 So when the development comes in for the next stage of approved, they would have to submit

1440
01:29:30,180 --> 01:29:32,260
 a TXDOT permit.

1441
01:29:32,260 --> 01:29:37,700
 So the signal that would go in, it has to be reviewed by staff and then reviewed and

1442
01:29:37,700 --> 01:29:39,820
 approved by TXDOT.

1443
01:29:39,820 --> 01:29:45,020
 So all improvements on the roadway, whether that's Loop 288 or Locust, they do have to

1444
01:29:45,020 --> 01:29:49,180
 go through that additional review process and application.

1445
01:29:49,180 --> 01:29:54,420
 So if TXDOT comes back and has additional comments, this condition is to allow some

1446
01:29:54,420 --> 01:29:59,900
 flexibility to where they're still providing the traffic signal, but they can make adjustments

1447
01:29:59,900 --> 01:30:01,780
 as required by TXDOT.

1448
01:30:01,780 --> 01:30:02,860
 And we can still input.

1449
01:30:02,860 --> 01:30:09,020
 I think it's super important that this is put in before any certificates of occupancy.

1450
01:30:09,020 --> 01:30:13,660
 So I just want to make sure that we can still hold to that even though we're waiting.

1451
01:30:13,660 --> 01:30:19,540
 It's really TXDOT who's going to kind of hold the card in that.

1452
01:30:19,540 --> 01:30:22,580
 I guess if I could add some to this, and Sean, you might be able to address this as well,

1453
01:30:22,580 --> 01:30:28,420
 but keep in mind because it is a TXDOT facility, they ultimately have final say on the timing

1454
01:30:28,420 --> 01:30:33,060
 associated with the installation of the traffic signal, and I believe the traffic impact analysis

1455
01:30:33,060 --> 01:30:38,260
 that was submitted supports the signal warranting TXDOT.

1456
01:30:38,260 --> 01:30:39,260
 That is correct.

1457
01:30:39,260 --> 01:30:44,260
 The traffic warrant analysis was done to determine that it would meet TXDOT's warrants.

1458
01:30:44,260 --> 01:30:45,820
 Before people are in it?

1459
01:30:45,820 --> 01:30:46,820
 Yeah.

1460
01:30:46,820 --> 01:30:52,180
 And the way that, and I did specifically write it with that intent that it had to be done

1461
01:30:52,180 --> 01:30:53,540
 before that move forward.

1462
01:30:53,540 --> 01:30:54,540
 Right.

1463
01:30:54,540 --> 01:30:57,700
 But as the analysis was done, it was done.

1464
01:30:57,700 --> 01:30:58,700
 Okay.

1465
01:30:58,700 --> 01:30:59,700
 Yes.

1466
01:30:59,700 --> 01:31:00,700
 And it meets approval without-

1467
01:31:00,700 --> 01:31:03,260
 The DIA did have a traffic warrant analysis, and it did indicate that it was needed for

1468
01:31:03,260 --> 01:31:05,020
 the development to occur.

1469
01:31:05,020 --> 01:31:06,300
 That is what I needed answered.

1470
01:31:06,300 --> 01:31:07,300
 Thank you very much.

1471
01:31:07,300 --> 01:31:09,300
 Okay.

1472
01:31:09,300 --> 01:31:10,300
 Let's see.

1473
01:31:10,300 --> 01:31:11,660
 Okay.

1474
01:31:11,660 --> 01:31:13,660
 I think that answers my questions.

1475
01:31:13,660 --> 01:31:14,660
 Commissioner Pritz.

1476
01:31:14,660 --> 01:31:15,660
 Thank you, Chair.

1477
01:31:15,660 --> 01:31:21,860
 I think this may be for Karina first.

1478
01:31:21,860 --> 01:31:27,540
 As I look at the map around here, and the properties to the south, the property north

1479
01:31:27,540 --> 01:31:32,060
 and south of Hercules there is already built out in a section where there's a small bridge

1480
01:31:32,060 --> 01:31:37,700
 over the drainage area and then there's a narrow roadway, and that's this section where

1481
01:31:37,700 --> 01:31:41,140
 the bike lanes on either side just kind of stop.

1482
01:31:41,140 --> 01:31:46,520
 Do you know if that section of Hercules is identified on our current CIP plan or the

1483
01:31:46,520 --> 01:31:48,860
 future one that we're developing?

1484
01:31:48,860 --> 01:31:50,180
 It's not currently on the CIP.

1485
01:31:50,180 --> 01:31:53,180
 I mean, there's a CIP plan for repaving.

1486
01:31:53,180 --> 01:31:54,700
 I believe it's planned.

1487
01:31:54,700 --> 01:31:56,420
 I'll have to go back and double check.

1488
01:31:56,420 --> 01:31:59,220
 I just had it open, but it escapes me.

1489
01:31:59,220 --> 01:32:03,780
 But there is a future side path identified for that portion of Hercules, so there will

1490
01:32:03,780 --> 01:32:08,660
 be an extension of bike facilities through that area.

1491
01:32:08,660 --> 01:32:09,660
 Okay.

1492
01:32:09,660 --> 01:32:15,300
 So if it gets on the future CIP plan, then that would be eligible for impact fee dollars

1493
01:32:15,300 --> 01:32:16,980
 and that sort of thing?

1494
01:32:16,980 --> 01:32:17,980
 Yeah.

1495
01:32:17,980 --> 01:32:22,700
 When the adjacent property comes in, so the one to the south, if that property comes in

1496
01:32:22,700 --> 01:32:27,020
 for development, they would be subject to right-of-way dedication and roadway improvements.

1497
01:32:27,020 --> 01:32:28,020
 Sure.

1498
01:32:28,020 --> 01:32:34,500
 I guess my question is, it sounds like right now Hercules, that section of Hercules is

1499
01:32:34,500 --> 01:32:42,220
 not on the CIP plan, so it would need an adjacent development activity in order to trigger that.

1500
01:32:42,220 --> 01:32:47,940
 But if it gets put on the CIP plan, then it could be a future city-initiated upgrade to

1501
01:32:47,940 --> 01:32:48,940
 that segment.

1502
01:32:48,940 --> 01:32:49,940
 Is that correct?

1503
01:32:49,940 --> 01:32:50,940
 Yes.

1504
01:32:50,940 --> 01:32:54,940
 And I can verify for you in a second if it is on the CIP right now.

1505
01:32:54,940 --> 01:32:59,060
 I had it open, but in a general sense, yes, it would be included.

1506
01:32:59,060 --> 01:33:00,060
 It's not important to verify.

1507
01:33:00,060 --> 01:33:04,440
 I think it's more important to make sure it gets on there in the future.

1508
01:33:04,440 --> 01:33:06,660
 And then maybe one question for Sean.

1509
01:33:06,660 --> 01:33:11,180
 Thank you.

1510
01:33:11,180 --> 01:33:19,580
 As I saw on the site plan with the three reserved parcels that are zoned SC right now, just

1511
01:33:19,580 --> 01:33:29,060
 to make sure I am remembering our code correctly, in SC zoning, are there any site design criteria

1512
01:33:29,060 --> 01:33:36,300
 that would speak to how those parcels would develop as they face or backside entry to

1513
01:33:36,300 --> 01:33:43,460
 the multifamily front doors that are so nicely lining that public street there on the north

1514
01:33:43,460 --> 01:33:44,460
 side?

1515
01:33:44,460 --> 01:33:50,420
 So, and it's a great question, our overall DDC standards speak to needing to orient to

1516
01:33:50,420 --> 01:33:51,420
 the street.

1517
01:33:51,420 --> 01:33:56,940
 They don't necessarily say which street you need to orient to, however, that is also something

1518
01:33:56,940 --> 01:34:01,140
 that as each site develops, as planners working through the development review process, we

1519
01:34:01,140 --> 01:34:07,620
 can work with those applicants to determine what makes the most sense for that area.

1520
01:34:07,620 --> 01:34:14,100
 We did also work with the design of the multifamily to ensure that there was some buffering along

1521
01:34:14,100 --> 01:34:20,220
 those rights of way in between, so that if it is not necessarily the best thing to look

1522
01:34:20,220 --> 01:34:22,180
 at, there is mitigation there.

1523
01:34:22,180 --> 01:34:23,180
 Okay.

1524
01:34:23,180 --> 01:34:24,180
 Thank you.

1525
01:34:24,180 --> 01:34:25,180
 Thanks, Sean.

1526
01:34:25,180 --> 01:34:30,020
 Any other questions at this moment at staff?

1527
01:34:30,020 --> 01:34:31,020
 Okay.

1528
01:34:31,020 --> 01:34:34,020
 I will move to Commissioner Smith and his motion.

1529
01:34:34,020 --> 01:34:35,020
 Thank you, Chair.

1530
01:34:35,020 --> 01:34:38,260
 Make a motion to approve the staff conditions.

1531
01:34:38,260 --> 01:34:39,260
 Commissioner Anderson?

1532
01:34:39,260 --> 01:34:40,260
 I second.

1533
01:34:40,260 --> 01:34:46,860
 We have a first and a second for approval as presented by staff.

1534
01:34:46,860 --> 01:34:49,860
 Any discussion?

1535
01:34:49,860 --> 01:34:55,980
 I'll just say a couple of words that I appreciate the detailed conditions that were put on this.

1536
01:34:55,980 --> 01:34:57,180
 I know that was a lot of work for staff.

1537
01:34:57,180 --> 01:35:00,860
 I know it's a lot of work for the developer, and it will be going forward as you develop

1538
01:35:00,860 --> 01:35:05,300
 this property, but I think it's super important because it just shows that it was really good

1539
01:35:05,300 --> 01:35:06,700
 collaboration.

1540
01:35:06,700 --> 01:35:12,660
 I think between our city and between the neighborhood, and that's what this is all about in my opinion,

1541
01:35:12,660 --> 01:35:18,460
 so I hope you continue all that collaboration and outreach to the community as you move

1542
01:35:18,460 --> 01:35:20,420
 forward in the development.

1543
01:35:20,420 --> 01:35:25,100
 As someone said earlier, I think in their comments, I do think it's a great, highest

1544
01:35:25,100 --> 01:35:26,700
 and best use of this piece of this land.

1545
01:35:26,700 --> 01:35:28,180
 It works as a nice transition.

1546
01:35:28,180 --> 01:35:31,980
 I mean, you've got the nice buffer there anyway with the easement, and then this transition

1547
01:35:31,980 --> 01:35:38,180
 as we move to the west and for future commercial uses.

1548
01:35:38,180 --> 01:35:41,960
 I hear the frustration about the area with regard to traffic.

1549
01:35:41,960 --> 01:35:49,620
 We are at the mercy on so many of our roads with the state, and that is something that

1550
01:35:49,620 --> 01:35:55,860
 is difficult and challenging, but we have to, I mean, as we continue to develop, we'll

1551
01:35:55,860 --> 01:35:57,780
 get these improved one of these days.

1552
01:35:57,780 --> 01:36:00,580
 I know it.

1553
01:36:00,580 --> 01:36:04,940
 Thanks all of you for coming to speak and share your ideas.

1554
01:36:04,940 --> 01:36:06,420
 Love the incentive idea.

1555
01:36:06,420 --> 01:36:07,780
 Take that to city council.

1556
01:36:07,780 --> 01:36:13,140
 I would encourage you to, they have an open mic at every meeting.

1557
01:36:13,140 --> 01:36:15,100
 You can sign up to speak.

1558
01:36:15,100 --> 01:36:21,860
 I think we get that so often because we have a lot of food deserts in the city, so see

1559
01:36:21,860 --> 01:36:25,260
 if something maybe can get started, because that would be the level it would need to get

1560
01:36:25,260 --> 01:36:28,060
 started on is at city council, so I would absolutely encourage you.

1561
01:36:28,060 --> 01:36:33,700
 You're a great speaker, so that's a great place to use those words for sure.

1562
01:36:33,700 --> 01:36:46,060
 With that, if there's no further discussion, we'll go ahead and vote on the board.

1563
01:36:46,060 --> 01:36:53,300
 That motion carries 6-0, and that will take us to item 6, our planning and zoning commission

1564
01:36:53,300 --> 01:37:11,460
 project matrix, so I will turn that to Tina.

1565
01:37:11,460 --> 01:37:12,460
 Okay.

1566
01:37:12,460 --> 01:37:13,460
 Several things to report this evening.

1567
01:37:13,460 --> 01:37:21,020
 So with respect to the matrix, so we added to the matrix, Commissioner Smith or Vice

1568
01:37:21,020 --> 01:37:24,620
 Chairman Smith, your request regarding additional detail regarding the results of traffic impact

1569
01:37:24,620 --> 01:37:29,260
 analysis on future projects, so hopefully you found that beneficial this evening with

1570
01:37:29,260 --> 01:37:33,140
 the level of detail that we included for the agenda item this evening, particularly this

1571
01:37:33,140 --> 01:37:35,040
 most recent one.

1572
01:37:35,040 --> 01:37:39,940
 Also we have identified a second boot camp that we're going to do on transportation-related

1573
01:37:39,940 --> 01:37:44,380
 items, and so we have that programmed to be bringing that back here to you at a future

1574
01:37:44,380 --> 01:37:48,820
 work session date to help address some of that, but otherwise there's no other changes

1575
01:37:48,820 --> 01:37:52,700
 that have been made to the matrix unless there's anything that the commission's interested

1576
01:37:52,700 --> 01:37:59,260
 in adding this evening, and then I guess if you want to entertain it now, that's fine,

1577
01:37:59,260 --> 01:38:03,180
 and I've got a rundown on all the development activity that's happened at council as well,

1578
01:38:03,180 --> 01:38:04,180
 so I'll defer.

1579
01:38:04,180 --> 01:38:07,100
 Do you want comments right now on the matrix to have anything added, or do you want me

1580
01:38:07,100 --> 01:38:08,100
 to go through everything else?

1581
01:38:08,100 --> 01:38:12,020
 Yeah, go ahead and do that rundown like you usually do, that'd be great.

1582
01:38:12,020 --> 01:38:13,020
 Okay, perfect.

1583
01:38:13,020 --> 01:38:17,420
 So back on October 18th with city council, we had several items on the agenda.

1584
01:38:17,420 --> 01:38:23,100
 So there were three items that were related to an annexation that is pending, and I know

1585
01:38:23,100 --> 01:38:26,180
 the Planning and Zoning Commission doesn't necessarily see the annexation portions of

1586
01:38:26,180 --> 01:38:30,100
 these requests, but you do see the corresponding zoning at such point in time when we get to

1587
01:38:30,100 --> 01:38:31,100
 that.

1588
01:38:31,100 --> 01:38:34,940
 So we had three items related to an annexation.

1589
01:38:34,940 --> 01:38:37,460
 One was with respect to a municipal services agreement.

1590
01:38:37,460 --> 01:38:43,980
 The other was the first reading on the ordinance and also a public hearing associated with it.

1591
01:38:43,980 --> 01:38:48,940
 So it's for a property that's located, it's about 83 acres of land, generally located

1592
01:38:48,940 --> 01:38:54,740
 on the north side of Barthol Road, approximately 1,300 feet west of Interstate I-35.

1593
01:38:54,740 --> 01:38:58,700
 So that property is currently going through annexation, and once they're completed with

1594
01:38:58,700 --> 01:39:02,300
 that, then the applicant presumably will come through with a follow-up zoning case related

1595
01:39:02,300 --> 01:39:03,900
 to that.

1596
01:39:03,900 --> 01:39:07,980
 We also had on the agenda that evening, the specific use permit for the equipment sales

1597
01:39:07,980 --> 01:39:09,020
 and rental use.

1598
01:39:09,020 --> 01:39:13,700
 This was on the north side of 380, about 250 feet east of Spring Valley Drive, if you recall,

1599
01:39:13,700 --> 01:39:17,540
 this was the U-Haul project that the commission has considered.

1600
01:39:17,540 --> 01:39:19,620
 The City Council did approve that.

1601
01:39:19,620 --> 01:39:23,820
 Also, let's see, that's annexation.

1602
01:39:23,820 --> 01:39:30,780
 We also had an item with respect to change in zoning and use classification from suburban

1603
01:39:30,780 --> 01:39:37,660
 quarter district to the MN district, as well as there was a sliver of land that was also

1604
01:39:37,660 --> 01:39:39,980
 zoned R3 and changed into mixed use.

1605
01:39:39,980 --> 01:39:44,260
 So this was the property that was predominantly on the north side of 380 between Nottingham

1606
01:39:44,260 --> 01:39:45,940
 Drive and Old North Road.

1607
01:39:45,940 --> 01:39:51,620
 If you recall, this rezoning request was to rezone it to MN, basically to help assist

1608
01:39:51,620 --> 01:39:54,820
 with providing the access for the multifamily development.

1609
01:39:54,820 --> 01:40:00,300
 If you recall, on the north side of 380, we have SC zoning, and then we have a strip,

1610
01:40:00,300 --> 01:40:02,700
 if you will, of MN zoning.

1611
01:40:02,700 --> 01:40:06,900
 The applicant was proposing to develop a multifamily development, which is allowed by Ryden MN,

1612
01:40:06,900 --> 01:40:10,660
 but they wanted to take the access from 380, and so they needed to rezone the frontage

1613
01:40:10,660 --> 01:40:14,180
 portion in order to be able to obtain their access.

1614
01:40:14,180 --> 01:40:17,740
 And then also, they were adding some additional multifamily units to the front.

1615
01:40:17,740 --> 01:40:22,980
 That was actually postponed indefinitely, and the direction to the applicant from council

1616
01:40:22,980 --> 01:40:27,660
 was that they work on coming forth, if they're still interested in developing the property,

1617
01:40:27,660 --> 01:40:31,420
 with the planned development district, because given so much of the discussion was regarding

1618
01:40:31,420 --> 01:40:36,340
 the use of the property as multifamily and how that may be developed, and then addressing

1619
01:40:36,340 --> 01:40:38,700
 some of the resident concerns that have been expressed.

1620
01:40:38,700 --> 01:40:42,540
 So I'm not sure what the applicant is going to do, whether or not they'll come back with

1621
01:40:42,540 --> 01:40:47,300
 a planned development district request, but again, that current zoning case was postponed

1622
01:40:47,300 --> 01:40:51,260
 indefinitely by council.

1623
01:40:51,260 --> 01:40:57,900
 Then we also had a change in zoning from, it looks like we had some rural residential,

1624
01:40:57,900 --> 01:41:04,500
 some residential R4 and mixed use neighborhood district to R6 that was on approximately 84

1625
01:41:04,500 --> 01:41:08,380
 acres of land, located on the south side of East McKinney Street, at the intersection

1626
01:41:08,380 --> 01:41:10,580
 McKinney and Laney Circle.

1627
01:41:10,580 --> 01:41:15,060
 So this was, we refer to this as the Stella Hills Project, if you recall on that, and

1628
01:41:15,060 --> 01:41:19,260
 the Planning and Zoning Commission, I believe, unanimously recommend approval of that, but

1629
01:41:19,260 --> 01:41:21,380
 council did approve that item 7-0.

1630
01:41:21,380 --> 01:41:25,460
 There was quite a bit of discussion regarding just the overall access challenges within that

1631
01:41:25,460 --> 01:41:32,980
 area, and I know council had made comments, I have on my notes here, robust, TIA desired

1632
01:41:32,980 --> 01:41:35,780
 given the limited access in the two lane roads within the area.

1633
01:41:35,780 --> 01:41:40,100
 So it was a straight rezoning request at such point in time when they come in with a preliminary

1634
01:41:40,100 --> 01:41:44,220
 platform development, then we'll be working with the applicant to have them submit the

1635
01:41:44,220 --> 01:41:47,940
 appropriate traffic impact analysis and working through all of the access consideration issues,

1636
01:41:47,940 --> 01:41:53,180
 just, you know, similar like the zoning case you had this evening, just north of Dutchess

1637
01:41:53,180 --> 01:41:54,540
 Drive.

1638
01:41:54,540 --> 01:41:58,940
 Then we also had a couple of amendments to the debt and development code.

1639
01:41:58,940 --> 01:42:04,780
 So the first one was with respect to the multifamily dwelling use and MN dimensional district standards,

1640
01:42:04,780 --> 01:42:08,940
 if you recall, this was some amendments that worked its way through the development code

1641
01:42:08,940 --> 01:42:12,100
 review committee, for those of you that serve on that, and then it came forth to the Planning

1642
01:42:12,100 --> 01:42:13,100
 and Zoning Commission.

1643
01:42:13,100 --> 01:42:17,220
 So city council did approve those changes to the debt and development code, and I believe

1644
01:42:17,220 --> 01:42:20,900
 those actually go into effect on November 1st, if I'm researching correctly.

1645
01:42:20,900 --> 01:42:25,580
 And then we also had amendments proposed to our planned development district procedures

1646
01:42:25,580 --> 01:42:30,540
 within the DDC, and those were also approved by city council as well.

1647
01:42:30,540 --> 01:42:34,240
 So again, I believe that goes into effect on November 1st.

1648
01:42:34,240 --> 01:42:38,460
 So applicants will have the opportunity if they decide to pursue a plan development district,

1649
01:42:38,460 --> 01:42:41,980
 we now have better criteria that address whether or not it's an overlay plan development district

1650
01:42:41,980 --> 01:42:43,560
 versus the standard.

1651
01:42:43,560 --> 01:42:46,460
 So that was all the activity from October 18th.

1652
01:42:46,460 --> 01:42:51,340
 And then last night we did have, or excuse me, on the 25th, yeah, last night, we did

1653
01:42:51,340 --> 01:42:55,100
 have on council's agenda, an item that we've been working on for a while, and I know we

1654
01:42:55,100 --> 01:42:58,640
 had given a presentation back to the Planning and Zoning Commission probably earlier this

1655
01:42:58,640 --> 01:43:04,460
 summer about a municipal utility district policy that staff has been working on.

1656
01:43:04,460 --> 01:43:08,780
 And so the city council did approve that policy.

1657
01:43:08,780 --> 01:43:13,180
 We've been working with them, gosh, back in May we got direction on the goals and policy,

1658
01:43:13,180 --> 01:43:16,540
 the goals and objectives associated with that policy, and I shared that with the Planning

1659
01:43:16,540 --> 01:43:19,260
 and Zoning Commission shortly thereafter.

1660
01:43:19,260 --> 01:43:23,260
 And then we had another discussion with council where we presented the draft policy to them

1661
01:43:23,260 --> 01:43:28,260
 in September, and they were very pleased with what we had included within that and directed

1662
01:43:28,260 --> 01:43:29,760
 us to bring that back for adoption.

1663
01:43:29,760 --> 01:43:34,540
 So yesterday we did get that policy adopted, and if the commission is interested, I'm happy

1664
01:43:34,540 --> 01:43:40,780
 to share with you the policy and where we landed with respect to that, and kind of like

1665
01:43:40,780 --> 01:43:43,700
 similar to a boot camp presentation or give a briefing if that's something that you may

1666
01:43:43,700 --> 01:43:45,020
 be interested in.

1667
01:43:45,020 --> 01:43:49,100
 As you're well aware, if we have municipal utility districts that do develop within our

1668
01:43:49,100 --> 01:43:54,980
 ETJ area, and particularly we're seeing pressures on the city's west side for those types of

1669
01:43:54,980 --> 01:43:55,980
 developments.

1670
01:43:55,980 --> 01:43:59,500
 And if you recall, the whole goal and intent of that policy is really to get us a seat

1671
01:43:59,500 --> 01:44:03,340
 at the table and negotiate development agreements with developers of those particular types

1672
01:44:03,340 --> 01:44:04,340
 of developments.

1673
01:44:04,340 --> 01:44:08,820
 They're typically residential in nature, however they can have some commercial uses associated

1674
01:44:08,820 --> 01:44:09,820
 with them.

1675
01:44:09,820 --> 01:44:13,480
 But we now have a new policy in place that we believe better addresses the conditions

1676
01:44:13,480 --> 01:44:18,780
 within our ETJ and in our development goals for just development within our ETJ.

1677
01:44:18,780 --> 01:44:23,780
 Basically we want to enter into a development agreement so that they are developing those

1678
01:44:23,780 --> 01:44:27,820
 particular or constructing those developments in accordance with our design standards as

1679
01:44:27,820 --> 01:44:29,460
 provided for in the DDC.

1680
01:44:29,460 --> 01:44:32,980
 But again, if that's something, if the commission would like the full blown presentation on that

1681
01:44:32,980 --> 01:44:37,580
 and take a look at the policy, happy to share that with you, and we could do that in a work

1682
01:44:37,580 --> 01:44:38,620
 session format.

1683
01:44:38,620 --> 01:44:43,700
 So otherwise, let's see, I believe that's all I needed to, yes, that's all I had to

1684
01:44:43,700 --> 01:44:46,860
 report to the commission this evening, so happy to answer any questions you may have

1685
01:44:46,860 --> 01:44:49,180
 and receive any additional direction.

1686
01:44:49,180 --> 01:44:52,700
 Questions for Tina or adding anything to the matrix?

1687
01:44:52,700 --> 01:44:56,460
 The only thing I'm going to add is maybe not to the matrix, it's not really that, but

1688
01:44:56,460 --> 01:45:01,340
 more procedural going forward.

1689
01:45:01,340 --> 01:45:08,100
 So you know in the past we've been very overlay happy like we were with this one back in the

1690
01:45:08,100 --> 01:45:12,420
 day where we had to put all these conditions on a zoning case.

1691
01:45:12,420 --> 01:45:18,220
 So I would request if we have one like we did today, if we could absolutely include

1692
01:45:18,220 --> 01:45:26,740
 in the presentation what those overlay conditions were and how the new request, if staff is

1693
01:45:26,740 --> 01:45:35,460
 approving, recommending approval for the request, how those are met because, or maybe how changes

1694
01:45:35,460 --> 01:45:40,260
 in our code address them, but somehow so that they're addressed because they were there,

1695
01:45:40,260 --> 01:45:47,180
 that was always good intense discussion by PNZ and council with putting these conditions

1696
01:45:47,180 --> 01:45:52,500
 on and I don't want to just forget them if that development happens to not make like

1697
01:45:52,500 --> 01:45:54,260
 this one did.

1698
01:45:54,260 --> 01:45:59,340
 Just to make sure again the intent of those conditions are not just thrown away and still

1699
01:45:59,340 --> 01:46:04,140
 being considered because they were considered very much in detail at those meetings.

1700
01:46:04,140 --> 01:46:11,860
 So if we could just move that into our backup and I think it's a really important part of

1701
01:46:11,860 --> 01:46:16,540
 the analysis of when staff does it to be honest with you, if they were there in the first

1702
01:46:16,540 --> 01:46:21,700
 place I think staff needs to consider how a new request weighs out with those.

1703
01:46:21,700 --> 01:46:22,700
 Absolutely.

1704
01:46:22,700 --> 01:46:23,700
 We can do that.

1705
01:46:23,700 --> 01:46:25,260
 Thank you.

1706
01:46:25,260 --> 01:46:27,540
 Anything else?

1707
01:46:27,540 --> 01:46:31,420
 We'll move to concluding items.

1708
01:46:31,420 --> 01:46:32,420
 Commissioner Villarreal.

1709
01:46:32,420 --> 01:46:38,200
 I just want to remind everyone that early voting is open.

1710
01:46:38,200 --> 01:46:42,420
 You can vote tomorrow until next Friday, November 4th, any location in Denton County and nearest

1711
01:46:42,420 --> 01:46:45,940
 one will be Denton Civic Center right across the way.

1712
01:46:45,940 --> 01:46:46,940
 Excellent.

1713
01:46:46,940 --> 01:46:49,140
 Thank you.

1714
01:46:49,140 --> 01:46:52,700
 My only ones are we've got our great Day of the Dead festival coming up this weekend.

1715
01:46:52,700 --> 01:46:55,760
 So if you're going, be safe, have a great time.

1716
01:46:55,760 --> 01:46:57,140
 Happy Halloween.

1717
01:46:57,140 --> 01:47:00,820
 Thanks for being here everybody for your time and let's adjourn at 7.50 p.m.

1718
01:47:02,420 --> 01:47:07,400
 [ Silence ]