WEBVTT 00:00:00.000 --> 00:00:09.100 >> Good afternoon and welcome to the city of planning and zoning commission meeting for 00:00:09.100 --> 00:00:11.520 Wednesday October 26. 00:00:11.520 --> 00:00:16.140 This is our work session and with our quorum present we will call the meeting to order 00:00:16.140 --> 00:00:17.840 at 5.04 p.m. 00:00:17.840 --> 00:00:22.520 Let the record show that Commissioner Cole is absent today. 00:00:22.520 --> 00:00:27.080 First item on our agenda is citizen comments on the consent agenda. 00:00:27.080 --> 00:00:30.720 Do we have anyone here wishing to speak on the consent agenda? 00:00:30.720 --> 00:00:31.720 Okay. 00:00:31.720 --> 00:00:39.240 That will move us to clarification of agenda items for tonight's meeting. 00:00:39.240 --> 00:00:43.400 We will start with the minutes from October 12. 00:00:43.400 --> 00:00:45.680 Any discussion on those questions? 00:00:45.680 --> 00:00:46.680 Okay. 00:00:46.680 --> 00:00:48.880 How about the consent agenda? 00:00:48.880 --> 00:00:51.760 This evening I believe we've got three items on there. 00:00:51.760 --> 00:00:54.600 A couple of final plots. 00:00:54.600 --> 00:00:59.400 So they're all final plans. 00:00:59.400 --> 00:01:01.660 Okay. 00:01:01.660 --> 00:01:08.840 That brings us then to 4A, our items for individual consideration. 00:01:08.840 --> 00:01:14.360 This one we did receive an email on that it is -- that recommendation has changed. 00:01:14.360 --> 00:01:15.360 I believe that's correct. 00:01:15.360 --> 00:01:16.360 I'm not sure. 00:01:16.360 --> 00:01:17.360 There's Mia. 00:01:17.360 --> 00:01:18.360 I'm sorry. 00:01:18.360 --> 00:01:21.880 You want to come up and just -- yeah, just give us that real quick. 00:01:21.880 --> 00:01:23.840 Just make sure everybody got that information. 00:01:23.840 --> 00:01:24.840 Okay. 00:01:24.840 --> 00:01:25.840 Thank you. 00:01:25.840 --> 00:01:26.840 Absolutely. 00:01:26.840 --> 00:01:27.840 All right. 00:01:27.840 --> 00:01:28.840 Good evening. 00:01:28.840 --> 00:01:29.840 That's not correct. 00:01:29.840 --> 00:01:30.840 That one. 00:01:30.840 --> 00:01:31.840 Good evening. 00:01:31.840 --> 00:01:36.240 Mia Hines, Associate Planner. 00:01:36.240 --> 00:01:39.600 This is a preliminary plat for Legends Ranch. 00:01:39.600 --> 00:01:40.600 Yes. 00:01:40.600 --> 00:01:47.200 And as of the sending out of this -- the backup for this, we have worked with the applicant 00:01:47.200 --> 00:01:51.880 to reach a recommendation of approval as they do now meet all the approval criteria. 00:01:51.880 --> 00:01:54.080 And so that is staff's recommendation. 00:01:54.080 --> 00:01:59.200 Notice this one is within our city's ETJ, but it is within a municipal utility district. 00:01:59.200 --> 00:02:01.840 And so that's why you're seeing this preliminary plat. 00:02:01.840 --> 00:02:04.520 And I'll take any questions that you have at this time. 00:02:04.520 --> 00:02:05.520 Great. 00:02:05.520 --> 00:02:07.720 Anybody have any questions for Mia? 00:02:07.720 --> 00:02:09.160 Okay. 00:02:09.160 --> 00:02:10.160 Thank you. 00:02:10.160 --> 00:02:13.080 Although the next item is yours, too. 00:02:13.080 --> 00:02:15.920 Tim, did you -- Commissioner Smith? 00:02:15.920 --> 00:02:16.920 No. 00:02:16.920 --> 00:02:17.920 Okay. 00:02:17.920 --> 00:02:18.920 I saw your hand go up. 00:02:18.920 --> 00:02:23.000 Yeah, if you want to just brief us on that one, I think that's an extension request, 00:02:23.000 --> 00:02:24.000 correct? 00:02:24.000 --> 00:02:25.000 Correct. 00:02:25.000 --> 00:02:28.240 Yeah, this is a preliminary plat for M380 addition. 00:02:28.240 --> 00:02:32.960 It is located at the northwest corner of East University and Moch Branch. 00:02:32.960 --> 00:02:36.160 And they have not yet met all of our criteria for approval. 00:02:36.160 --> 00:02:41.000 So we are recommended to denial, but we do not have an objection to the requested extension 00:02:41.000 --> 00:02:42.440 to November 16th. 00:02:42.440 --> 00:02:45.760 I'll take any questions that you have at this time. 00:02:45.760 --> 00:02:46.760 Okay. 00:02:46.760 --> 00:02:48.640 I don't see any, Mia. 00:02:48.640 --> 00:02:49.640 Thank you very much. 00:02:49.640 --> 00:02:56.840 I know Julie is not here for our meeting tonight. 00:02:56.840 --> 00:02:57.840 Is it Sean? 00:02:57.840 --> 00:02:58.840 No. 00:02:58.840 --> 00:02:59.840 Actually, I believe it's Angie. 00:02:59.840 --> 00:03:00.840 Angie is doing this one? 00:03:00.840 --> 00:03:02.840 The rail yard hand motion. 00:03:02.840 --> 00:03:03.840 [laughter] 00:03:03.840 --> 00:03:04.840 Yes. 00:03:04.840 --> 00:03:05.840 FB22024. 00:03:05.840 --> 00:03:06.840 Hello, Sean. 00:03:06.840 --> 00:03:08.840 They're still flipping the corner right there. 00:03:08.840 --> 00:03:09.840 Gotcha. 00:03:09.840 --> 00:03:10.840 Yeah. 00:03:10.840 --> 00:03:13.080 He did say earlier there, yeah, deciding who's Julie tonight. 00:03:13.080 --> 00:03:14.080 All right. 00:03:14.080 --> 00:03:15.080 There we are. 00:03:15.080 --> 00:03:16.080 Yes. 00:03:16.080 --> 00:03:24.040 Good evening, Sean Jacobson, Associate Planner, here to present FP22024A, which is the Lang 00:03:24.040 --> 00:03:25.040 Rail yard plant. 00:03:25.040 --> 00:03:26.040 That's funny. 00:03:26.040 --> 00:03:28.040 I've got it as B on our agenda. 00:03:28.040 --> 00:03:29.040 [laughter] 00:03:29.040 --> 00:03:30.040 Wow. 00:03:30.040 --> 00:03:31.040 It may be so. 00:03:31.040 --> 00:03:33.560 I think that was just probably from the last time we saw it, right? 00:03:33.560 --> 00:03:34.560 Most likely. 00:03:34.560 --> 00:03:35.560 Yeah. 00:03:35.560 --> 00:03:39.380 And staff is recommending approval subject to the following condition, which is that 00:03:39.380 --> 00:03:42.560 the civil engineering plan has a condition of approval on it, and that would need to 00:03:42.560 --> 00:03:47.440 be satisfied in order for this plat to be fully satisfied. 00:03:47.440 --> 00:03:52.400 And therefore, if this is approved with conditions, it would have to return to you all for final 00:03:52.400 --> 00:03:55.200 approval once that condition on the CEP is met. 00:03:55.200 --> 00:03:56.200 Okay. 00:03:56.200 --> 00:04:01.280 And I assume that when that comes back with no changes, it would just be on consent on 00:04:01.280 --> 00:04:02.280 whatever meeting that would be. 00:04:02.280 --> 00:04:03.280 Is that correct? 00:04:03.280 --> 00:04:04.280 Yes. 00:04:04.280 --> 00:04:05.280 That's correct. 00:04:05.280 --> 00:04:06.280 Okay. 00:04:06.280 --> 00:04:07.280 Great. 00:04:07.280 --> 00:04:08.280 Questions on this one? 00:04:08.280 --> 00:04:09.280 Commissioner McDade. 00:04:09.280 --> 00:04:16.420 Thank you, Chair, will the applicant be here tonight for this, do you know? 00:04:16.420 --> 00:04:17.920 Yes we do have an applicant representative. 00:04:17.920 --> 00:04:18.920 Okay. 00:04:18.920 --> 00:04:19.920 All right. 00:04:19.920 --> 00:04:20.920 Thank you. 00:04:20.920 --> 00:04:21.920 Yes sir. 00:04:21.920 --> 00:04:22.920 Okay. 00:04:22.920 --> 00:04:23.920 Commissioner Villarreal. 00:04:23.920 --> 00:04:31.000 Do we know when the applicant was enabled to attend the community meeting on Monday? 00:04:31.000 --> 00:04:36.840 So that's outside this body for consideration of this particular item, but you might want 00:04:36.840 --> 00:04:38.560 to get with the applicant afterwards. 00:04:38.560 --> 00:04:39.560 Okay. 00:04:39.560 --> 00:04:40.560 Thank you. 00:04:40.560 --> 00:04:41.560 Okay. 00:04:41.560 --> 00:04:42.560 Thank you, Sean. 00:04:42.560 --> 00:04:43.560 Thank you. 00:04:43.560 --> 00:04:44.560 Appreciate it. 00:04:44.560 --> 00:04:45.560 All right. 00:04:45.560 --> 00:04:46.560 That takes us to 4DV220007. 00:04:46.560 --> 00:04:47.560 And Angie is Julie. 00:04:47.560 --> 00:04:48.560 Thank you. 00:04:48.560 --> 00:04:49.560 Yes. 00:04:49.560 --> 00:04:58.560 Can you give me just one second? 00:04:58.560 --> 00:05:08.840 I have a separate presentation for the variance. 00:05:08.840 --> 00:05:15.200 Okay, Angie Manglera, Senior Planner. 00:05:15.200 --> 00:05:17.920 This is V220007. 00:05:17.920 --> 00:05:21.360 This is a variance request for Woodland Hills. 00:05:21.360 --> 00:05:28.480 This particular subdivision variance request is in regards to sections 8.32C3, subsection 00:05:28.480 --> 00:05:35.800 A and B. This is for the -- this is for access for a three-acre tract of land located in 00:05:35.800 --> 00:05:41.400 our Division 1 ETJ, north of Hartley Field Road and east of FM 428. 00:05:41.400 --> 00:05:48.080 The applicant is requesting subdivision variance to the access easement that serves the lot. 00:05:48.080 --> 00:05:50.920 You can see the parcel here in yellow. 00:05:50.920 --> 00:05:55.520 It does not have public frontage, and it is served by an existing 20-foot wide private 00:05:55.520 --> 00:06:00.520 access easement, which is a deviation from the DDC, which requires that access easements 00:06:00.520 --> 00:06:04.240 be public and that they be at least 24 feet in width. 00:06:04.240 --> 00:06:09.280 The purpose for the creation of this is for water supply. 00:06:09.280 --> 00:06:14.280 And so it's a preference that it remains private, and due to existing conditions, it is 20 feet 00:06:14.280 --> 00:06:18.880 rather than the required 24 feet. 00:06:18.880 --> 00:06:20.560 Understood. 00:06:20.560 --> 00:06:21.560 Any questions? 00:06:21.560 --> 00:06:22.560 Okay. 00:06:22.560 --> 00:06:26.760 Thank you very much. 00:06:26.760 --> 00:06:30.440 Let's see. 00:06:30.440 --> 00:06:34.320 And that will take us to 4EFP 220027. 00:06:34.320 --> 00:06:37.080 Are you Julie again? 00:06:37.080 --> 00:06:38.080 Okay. 00:06:38.080 --> 00:06:39.080 Thank you. 00:06:39.080 --> 00:06:40.080 Yes. 00:06:40.080 --> 00:06:44.600 So this is the final plat associated with the subdivision variance that you just saw. 00:06:44.600 --> 00:06:48.400 This is for a three-acre tract of land in our Division 1 ETJ. 00:06:48.400 --> 00:06:52.760 It's generally located east of FM 428 and north of Hartley Field Road. 00:06:52.760 --> 00:06:58.440 Happy to answer any questions you may have. 00:06:58.440 --> 00:07:00.600 Any questions? 00:07:00.600 --> 00:07:02.520 Okay. 00:07:02.520 --> 00:07:03.520 Thank you very much. 00:07:03.520 --> 00:07:04.520 All right. 00:07:04.520 --> 00:07:12.380 That will take us to our public hearings for this evening 5AZ 220016. 00:07:12.380 --> 00:07:19.000 So I'm not -- [laughter] 00:07:19.000 --> 00:07:20.000 Thank you, Angie. 00:07:20.000 --> 00:07:24.680 If you want to give us a rundown of that item, that would be great. 00:07:24.680 --> 00:07:25.680 Absolutely. 00:07:25.680 --> 00:07:26.920 Angie Manglars, Senior Planner. 00:07:26.920 --> 00:07:32.440 This is Z 220016, a rezoning request for Oak Vista. 00:07:32.440 --> 00:07:38.960 The purpose of this rezoning request is to rezone approximately 21 acres from PDR 7 to 00:07:38.960 --> 00:07:39.960 R6. 00:07:39.960 --> 00:07:46.480 The subject property is located at the terminus of Trailhead Lane and is located south of 00:07:46.480 --> 00:07:48.240 McKinney Street. 00:07:48.240 --> 00:07:56.180 The intended purpose of this request is to develop residential uses, particularly duplexes. 00:07:56.180 --> 00:08:00.600 It is consistent with our Denton 2040 Comprehensive Plan, which calls for this area to be moderate 00:08:00.600 --> 00:08:05.160 residential, and complies with all criteria for approval. 00:08:05.160 --> 00:08:10.360 Just a quick note, part of the reason for this rezoning request is the PDR 7 was established 00:08:10.360 --> 00:08:16.760 prior to the adoption of the 2019 DDC and required that the site develop as multifamily 00:08:16.760 --> 00:08:23.100 townhomes and that the northern access portion only be used for emergency services. 00:08:23.100 --> 00:08:27.760 By removing the PD, it kind of eliminates the vagueness of the multifamily townhomes 00:08:27.760 --> 00:08:30.120 as that's not defined in the DDC. 00:08:30.120 --> 00:08:35.960 The duplex use is consistent with the intent of the current plan development zoning that 00:08:35.960 --> 00:08:37.160 you see before you today. 00:08:37.160 --> 00:08:39.960 I'm happy to answer any questions you may have. 00:08:39.960 --> 00:08:44.400 So what can you answer about the access point at this point? 00:08:44.400 --> 00:08:47.640 So it would not be, so they would be able to do whatever, right? 00:08:47.640 --> 00:08:52.840 They would be required to develop in accordance with the DDC, which requires the two points 00:08:52.840 --> 00:08:56.640 of access, and Karina can step in here if I'm wrong. 00:08:56.640 --> 00:09:02.460 As the plan development regulations were adopted, it required that the northern access be utilized 00:09:02.460 --> 00:09:09.920 only as emergency services, so potentially by removing that PD overlay, they're required 00:09:09.920 --> 00:09:14.460 to adhere with the DDC, which would further enhance the mobility in the area and the connectivity 00:09:14.460 --> 00:09:16.640 by requiring the two access points. 00:09:16.640 --> 00:09:17.640 Okay. 00:09:17.640 --> 00:09:21.040 Karina, do you have something to add to that, or thanks? 00:09:21.040 --> 00:09:24.120 Yeah, I just wanted to expand on this one. 00:09:24.120 --> 00:09:27.440 So while this was under review, this was something that we talked about extensively with the 00:09:27.440 --> 00:09:29.180 applicant. 00:09:29.180 --> 00:09:35.480 With the removal of the PD, if the zoning were to be approved, the emergency access 00:09:35.480 --> 00:09:41.360 through the church property would not be preferred given, you know, if a Sunday, there's emergency 00:09:41.360 --> 00:09:47.280 on a Sunday during, you know, at one o'clock, you know, at the end of the service, an emergency 00:09:47.280 --> 00:09:52.480 vehicle would not be able to reach, you know, emergency within the subdivision. 00:09:52.480 --> 00:09:54.400 So that was one of the considerations that we have. 00:09:54.400 --> 00:09:58.440 So we're still working through the access issues with them. 00:09:58.440 --> 00:10:04.040 Part of what we're requesting is that they, if you can see my mouse, provide secondary 00:10:04.040 --> 00:10:10.840 access by connecting to Mockingbird, since Mockingbird would eventually connect to existing 00:10:10.840 --> 00:10:12.980 Mockingbird on the north. 00:10:12.980 --> 00:10:15.740 So that would be their two points of access. 00:10:15.740 --> 00:10:18.340 There is duchess on the south that would need to be extended. 00:10:18.340 --> 00:10:23.080 So again, for the straight zoning, not necessary that they have that in place. 00:10:23.080 --> 00:10:29.800 They are working with adjacent property owners to get that connection, but they would have 00:10:29.800 --> 00:10:35.240 to ensure that they have that secondary access during the platting and civil engineering 00:10:35.240 --> 00:10:36.240 phases. 00:10:36.240 --> 00:10:37.240 Okay. 00:10:37.240 --> 00:10:38.240 Yeah. 00:10:38.240 --> 00:10:44.680 And the reason I'm asking is, you know, the overlay conditions were put in for a reason 00:10:44.680 --> 00:10:49.880 and I actually went back to refresh my memory of that meeting December 8th, 2018, and there 00:10:49.880 --> 00:10:56.160 was very much detailed discussion about how, didn't want northern connectivity dumping 00:10:56.160 --> 00:11:02.880 out onto McKinney, which is an inferior road still right now, as well as a lot of detailed 00:11:02.880 --> 00:11:07.000 discussion discussing trees and the saving of the many trees. 00:11:07.000 --> 00:11:13.040 So I'm struggling with this only because duplexes I get fits in the area with what we've got, 00:11:13.040 --> 00:11:16.320 but now we're taking away these conditions since it's a straight zoning case. 00:11:16.320 --> 00:11:20.120 So yeah, I don't want to speak for Angie, I know you're coming closer. 00:11:20.120 --> 00:11:23.200 Trees were one of the discussion issues on this one. 00:11:23.200 --> 00:11:29.180 Access was probably secondary to the tree preservation. 00:11:29.180 --> 00:11:30.180 So you're right. 00:11:30.180 --> 00:11:36.040 McKinney is a secondary arterial and what we didn't want was to have an access that 00:11:36.040 --> 00:11:38.440 didn't meet our spacing requirements for one. 00:11:38.440 --> 00:11:44.400 So if they were to propose an access through that church or even kind of in between these 00:11:44.400 --> 00:11:47.780 two properties here, that would not meet our spacing requirements. 00:11:47.780 --> 00:11:53.380 We would then have a, in Julie's words, I'm going to harness Julie, a jiggy jog from the 00:11:53.380 --> 00:11:56.220 development into Mockingbird. 00:11:56.220 --> 00:12:01.540 So those are some of the considerations that we're taking in now with the developer. 00:12:01.540 --> 00:12:06.040 So we're doing that on the backside, but since this is a straight zoning, we just wanted 00:12:06.040 --> 00:12:11.120 to be sure that we at least address what could happen or what should happen. 00:12:11.120 --> 00:12:15.040 But for the straight zoning, it's consistent with the comprehensive plans. 00:12:15.040 --> 00:12:16.040 Sure. 00:12:16.040 --> 00:12:17.040 Okay. 00:12:17.040 --> 00:12:19.340 Commissioner Smith, did I see your questions? 00:12:19.340 --> 00:12:25.960 The, uh, as with the, cause I remember that meeting as well, it went back to look at as 00:12:25.960 --> 00:12:26.960 well. 00:12:26.960 --> 00:12:31.480 The, when we put it, when we said multifamily within that, um, that PD restriction, there's 00:12:31.480 --> 00:12:34.940 specifically one to do duplexes, therefore it wouldn't fall within the multifamily restriction 00:12:34.940 --> 00:12:35.940 with on there. 00:12:35.940 --> 00:12:40.880 So if, you know, a, an approval to go through and to rezone the star six went through within 00:12:40.880 --> 00:12:46.960 the access questions couldn't be answered, then essentially this would then sit R six 00:12:46.960 --> 00:12:50.940 until access could be solved in some other form of fashion. 00:12:50.940 --> 00:12:51.940 Correct. 00:12:51.940 --> 00:12:52.940 Right. 00:12:52.940 --> 00:12:56.340 By going to straight zoning, um, are six, they're subject to all the requirements in 00:12:56.340 --> 00:12:57.340 the DDC. 00:12:57.340 --> 00:13:00.580 And if those can't be met at the time of planning or civil engineering, then they have to work 00:13:00.580 --> 00:13:05.020 through that through either internally or come through with a variance of some sort. 00:13:05.020 --> 00:13:09.540 Um, can you refresh me again on what you guys are saying on what you think access would 00:13:09.540 --> 00:13:10.540 be? 00:13:10.540 --> 00:13:13.900 I know this is a zoning case, so, but just because I think this does make a difference 00:13:13.900 --> 00:13:21.940 because this, this commission has went through in that PD, that PD that went through, um, 00:13:21.940 --> 00:13:25.100 was put in by members of this commission at that time. 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. 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 00:13:37.980 --> 00:13:38.980 would be. 00:13:38.980 --> 00:13:39.980 Sure. 00:13:39.980 --> 00:13:43.860 There's, there's of course the preferred, um, connections that staff is requesting from 00:13:43.860 --> 00:13:44.860 the applicant. 00:13:44.860 --> 00:13:49.700 And then there's alternative options that we would consider right now, um, in discussions 00:13:49.700 --> 00:13:50.700 with the applicant. 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, 00:13:55.900 --> 00:14:02.700 we had discussed, um, the preferred, you know, connection point would be to Mockingbird on 00:14:02.700 --> 00:14:03.700 the south. 00:14:03.700 --> 00:14:08.460 Um, given that again, there would be a future connection, um, right here once those properties 00:14:08.460 --> 00:14:10.220 begin to develop. 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 00:14:18.740 --> 00:14:24.920 a private lane here, um, is extending their proposed roadway, um, up and then kind of 00:14:24.920 --> 00:14:28.420 curving it so that it would meet spacing requirements. 00:14:28.420 --> 00:14:29.420 That would be an option. 00:14:29.420 --> 00:14:33.540 Um, of course they would have to coordinate with the church as it's their property. 00:14:33.540 --> 00:14:40.700 Um, third would be, um, seeing if they're, they could make public improvements through, 00:14:40.700 --> 00:14:44.260 um, to, to McKinney using where the access would have been shown. 00:14:44.260 --> 00:14:47.860 Um, of course that would make significant changes to the church's property. 00:14:47.860 --> 00:14:51.940 Um, so again, that, that would be relied upon them to agree on that. 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 00:14:57.500 --> 00:14:58.500 tract. 00:14:58.500 --> 00:15:02.980 Um, and that portion would be responsible for extending Dutchess to the west. 00:15:02.980 --> 00:15:07.020 Um, so there's again, no solidified plan. 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 00:15:11.820 --> 00:15:13.500 the planning stages. 00:15:13.500 --> 00:15:15.540 There are options for connectivity. 00:15:15.540 --> 00:15:19.740 It's just a matter of timing what the applicant can, can do. 00:15:19.740 --> 00:15:22.000 Um, and I'm not sure if they're here today. 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 00:15:26.180 --> 00:15:27.180 public hearing. 00:15:27.180 --> 00:15:28.180 Okay. 00:15:28.180 --> 00:15:29.180 All right. 00:15:29.180 --> 00:15:30.180 Thank you. 00:15:30.180 --> 00:15:31.180 Okay. 00:15:31.180 --> 00:15:32.180 Thank you. 00:15:32.180 --> 00:15:33.180 Commissioner Perot. 00:15:33.180 --> 00:15:34.180 Thank you, chair. 00:15:34.180 --> 00:15:36.620 Um, good questions make me think of another one. 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 00:15:44.620 --> 00:15:46.900 a couple of years ago when I watched it. 00:15:46.900 --> 00:15:53.020 Um, is there a riparian ESA or something on the southwest border of this property? 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 00:15:58.300 --> 00:16:02.020 have a mobility plan road drawn through there? 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 00:16:07.700 --> 00:16:09.580 entire portion and this, you are correct. 00:16:09.580 --> 00:16:13.260 This is where the riparian ESA is situated. 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 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 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 00:16:30.340 --> 00:16:31.340 in that area. 00:16:31.340 --> 00:16:32.340 Okay. 00:16:32.340 --> 00:16:37.060 So not, not necessarily directly part of this case, but pretty close to it. 00:16:37.060 --> 00:16:38.060 Yeah. 00:16:38.060 --> 00:16:41.260 We're shuffling over here. 00:16:41.260 --> 00:16:43.620 I just wanted to add a point of clarification. 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, 00:16:48.900 --> 00:16:55.700 um, the DDC regulations allow a mobility plan to cut across an ESA, um, without penalty. 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. 00:17:00.540 --> 00:17:01.540 Understand about Duchess. 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 00:17:06.580 --> 00:17:08.980 that ESA in order to get to Duchess, right? 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 00:17:14.540 --> 00:17:20.820 they're intending to not cross the ESA and, um, uh, provide connectivity through trailhead. 00:17:20.820 --> 00:17:24.740 Um, so they would essentially be going around and not cutting across. 00:17:24.740 --> 00:17:25.740 Got it. 00:17:25.740 --> 00:17:28.460 Um, and then last question, can you refresh my memory? 00:17:28.460 --> 00:17:33.980 We've been through so many productive, um, code amendments, co-text amendments, and I'm 00:17:33.980 --> 00:17:40.780 not sure where the, uh, access requirements amendment is in that process as far as public 00:17:40.780 --> 00:17:41.780 hearings and adoption. 00:17:41.780 --> 00:17:42.780 Ron is here. 00:17:42.780 --> 00:17:44.900 I was going to say, I can speak to that. 00:17:44.900 --> 00:17:47.500 So we have not initiated a public hearing process on that. 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? 00:17:51.700 --> 00:17:52.700 So yeah. 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 00:17:56.500 --> 00:17:57.500 and zoning commission yet. 00:17:57.500 --> 00:17:58.500 So. 00:17:58.500 --> 00:17:59.500 Okay. 00:17:59.500 --> 00:18:00.500 But it's relatively ready to do that. 00:18:00.500 --> 00:18:01.500 Correct. 00:18:01.500 --> 00:18:02.500 Yes. 00:18:02.500 --> 00:18:03.500 We got concurrence from DCRC to bring it forth. 00:18:03.500 --> 00:18:04.500 Okay. 00:18:04.500 --> 00:18:05.500 Any other questions? 00:18:05.500 --> 00:18:18.380 Um, did staff consider, um, trying to modify this request, um, in sticking with some of 00:18:18.380 --> 00:18:20.740 the overlay conditions that were put there? 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 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 00:18:32.020 --> 00:18:33.980 protection and whatnot. 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 00:18:39.500 --> 00:18:40.500 to the side. 00:18:40.500 --> 00:18:42.740 And now we're just dealing with a straight zoning case again. 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 00:18:52.100 --> 00:18:59.100 overlay conditions that were put in place, like access, like, um, tree, what the development 00:18:59.100 --> 00:19:02.340 was going to be density wise and what have you, so. 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 00:19:05.900 --> 00:19:09.020 it based upon what's in place with respect to our development regulations. 00:19:09.020 --> 00:19:12.940 So, um, you're right, when that particular plan development district was done in response 00:19:12.940 --> 00:19:17.540 to that particular plan, we reviewed, um, the access situation at that time, you know, 00:19:17.540 --> 00:19:21.020 now we have a new proposal that's come forth, um, so we do review it. 00:19:21.020 --> 00:19:24.900 We look at the ordinance that was adopted previously and we know access is a challenge 00:19:24.900 --> 00:19:28.540 for this particular property, um, but we're comfortable with our development regulations 00:19:28.540 --> 00:19:33.420 that we have in place that provide for the two points of access being satisfied. 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 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, 00:19:44.020 --> 00:19:48.380 um, uh, so that, well, so that we are applying it consistently with any development projects 00:19:48.380 --> 00:19:49.380 that come through. 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 00:19:52.820 --> 00:19:58.260 with them on what would be better appropriate options for the access through this. 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 00:20:02.860 --> 00:20:06.700 upon our existing adopted regulations because we've determined that those regulations are 00:20:06.700 --> 00:20:09.540 appropriate for development within the community. 00:20:09.540 --> 00:20:10.540 Okay. 00:20:10.540 --> 00:20:11.540 Thanks. 00:20:11.540 --> 00:20:12.540 Commissioner Prout. 00:20:12.540 --> 00:20:13.540 Thank you, chair. 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 00:20:20.980 --> 00:20:27.180 other team members who were around at the time, um, when this PD was established for 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 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 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 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 00:20:46.740 --> 00:20:50.780 be cogent, not cogent, um, applicable. 00:20:50.780 --> 00:20:53.700 I'm looking at Hillary just to make sure that that's in scope. 00:20:53.700 --> 00:20:56.300 I mean, we, we can bring that information back. 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. 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 00:21:03.140 --> 00:21:07.580 date of the plan development district approval, let's see if Julie had that referenced. 00:21:07.580 --> 00:21:09.980 It was December 8th, 2018, I believe. 00:21:09.980 --> 00:21:10.980 2018. 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. 00:21:14.900 --> 00:21:19.580 Um, we've done, I think some adjustments possibly to tree preservation since then, but tree 00:21:19.580 --> 00:21:24.620 preservation and ESA requirements were in place with the 2019 adoption. 00:21:24.620 --> 00:21:28.300 Yeah, I, I'm okay without it. 00:21:28.300 --> 00:21:31.300 I just, it sounds like there's some concerns. 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 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. 00:21:44.060 --> 00:21:48.540 We've had tree preservation requirements, I believe under the 02 code, if memory serves 00:21:48.540 --> 00:21:49.540 me correctly. 00:21:49.540 --> 00:21:53.500 Yeah, the 2002 code did have tree preservation requirements. 00:21:53.500 --> 00:21:59.020 They were slightly different, um, but I believe the major difference would be the minimum 00:21:59.020 --> 00:22:02.380 30% preservation under the 2002 code. 00:22:02.380 --> 00:22:08.140 There was some, the classifications were different for trees and then the minimum preservation 00:22:08.140 --> 00:22:09.140 was different. 00:22:09.140 --> 00:22:13.860 There was also a difference in how the mitigation fees were assessed. 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 00:22:22.740 --> 00:22:28.100 to this development at the time of approval or it would have been, had they continued 00:22:28.100 --> 00:22:29.100 in this fashion. 00:22:29.100 --> 00:22:30.100 Sure. 00:22:30.100 --> 00:22:31.100 Okay. 00:22:31.100 --> 00:22:32.100 Right. 00:22:32.100 --> 00:22:34.500 Cause I would, it's fair to say right now our tree preservation requirements are much 00:22:34.500 --> 00:22:36.980 more restricted or more stringent. 00:22:36.980 --> 00:22:37.980 Yes. 00:22:37.980 --> 00:22:40.140 A better word than what they were under the 02 code. 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 00:22:44.700 --> 00:22:47.620 to drop down to 12 and a half percent preservation. 00:22:47.620 --> 00:22:53.420 So right now with our projects today, we strongly recommend they achieve the 30% preservation 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 00:22:56.100 --> 00:22:57.100 to 20%. 00:22:57.100 --> 00:22:58.100 Okay. 00:22:58.100 --> 00:22:59.100 Thank you. 00:22:59.100 --> 00:23:00.100 Yeah. 00:23:00.100 --> 00:23:01.300 And commissioner approved just for a little more background. 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 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 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. 00:23:22.140 --> 00:23:26.820 So it would have been nice to see, because it was not a flippant discussion. 00:23:26.820 --> 00:23:30.780 I mean, it was detailed discussion at PNC, it was detailed discussion at city council. 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 00:23:36.940 --> 00:23:42.040 discussion and what, what council at that time wanted to see in this location. 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 00:23:50.060 --> 00:23:55.140 does that balance with what those conditions that were in place? 00:23:55.140 --> 00:23:58.960 And that's, that's what I'm struggling with. 00:23:58.960 --> 00:24:01.740 That's it. 00:24:01.740 --> 00:24:02.740 Anybody else? 00:24:02.740 --> 00:24:03.740 Okay. 00:24:03.740 --> 00:24:06.820 Thank, thank you both. 00:24:06.820 --> 00:24:11.900 That will move us to five B S two one zero zero zero six. 00:24:11.900 --> 00:24:16.580 And I believe Sean is up for that one. 00:24:16.580 --> 00:24:17.980 Thanks. 00:24:17.980 --> 00:24:20.860 Good evening. 00:24:20.860 --> 00:24:22.420 Hi. 00:24:22.420 --> 00:24:39.740 I'll just get my presentation pulled up here. 00:24:39.740 --> 00:24:41.700 Okay. 00:24:41.700 --> 00:24:47.620 So good evening chair and members of the commission, Sean Jacobson, associate planner here to present 00:24:47.620 --> 00:24:52.220 S 21 dash O O O six landmark multi-family. 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 00:24:57.660 --> 00:25:01.140 out of an overall 53.407 acre property. 00:25:01.140 --> 00:25:02.780 And just to, so that's clear. 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 00:25:06.980 --> 00:25:11.820 being left vacant for future development, but it is all part of one property. 00:25:11.820 --> 00:25:17.480 So I tracked four to the north, 336 units are proposed on 14.09 acres. 00:25:17.480 --> 00:25:21.260 Track five, 324 units are proposed in 22.4 acres. 00:25:21.260 --> 00:25:26.940 And this is at that intersection of North Locust street and loop two 88 multi-family 00:25:26.940 --> 00:25:28.220 is permitted here. 00:25:28.220 --> 00:25:33.500 It's within the SC district suburban corridor, but it does require a specific use permit. 00:25:33.500 --> 00:25:38.460 Therefore it needs to meet our approval criteria for a specific use permit staff is recommending 00:25:38.460 --> 00:25:42.500 approval because this does align with our comprehensive plan and with our criteria for 00:25:42.500 --> 00:25:43.500 approval. 00:25:43.500 --> 00:25:44.500 Sorry. 00:25:44.500 --> 00:25:47.140 Obviously I do have a longer presentation, but happy to answer any questions you have 00:25:47.140 --> 00:25:48.140 now. 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 00:25:51.900 --> 00:25:52.900 are about four pages. 00:25:52.900 --> 00:25:53.900 Yeah. 00:25:53.900 --> 00:25:54.900 Yeah. 00:25:54.900 --> 00:25:55.900 Yeah. 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. 00:26:00.020 --> 00:26:03.940 Any questions for Sean on this item? 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 00:26:07.780 --> 00:26:11.020 in light of our conversation that happened last week in the joint meeting with city council, 00:26:11.020 --> 00:26:14.540 I know there were some questions regarding about improvement or I'm sorry, not, not the 00:26:14.540 --> 00:26:19.760 joint meeting, but when we did our bootcamp on traffic impact analysis, I know commissioner 00:26:19.760 --> 00:26:25.220 Smith had requested some information with respect to improvements that are being proposed 00:26:25.220 --> 00:26:27.100 as part of the project as a recommendation of that. 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, 00:26:30.940 --> 00:26:35.220 but if there's any questions on that as well, happy to address it now. 00:26:35.220 --> 00:26:38.260 I do not see any. 00:26:38.260 --> 00:26:40.580 We will look forward to the presentation later. 00:26:40.580 --> 00:26:41.580 Okay. 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. 00:26:46.540 --> 00:26:53.580 We will meet in council chambers at six 30. 00:26:53.580 --> 00:26:58.260 Thanks. 00:26:58.260 --> 00:27:01.660 Good evening and welcome to the city of Denton's planning and zoning commission meeting for 00:27:01.660 --> 00:27:06.100 Wednesday, October 26th, 2022. 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 00:27:10.940 --> 00:27:14.260 that commissioner Cole is absent from tonight's meeting. 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. 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 00:27:42.420 --> 00:27:43.420 which it stands, one nation under God, indivisible, with liberty and justice for all. 00:27:43.420 --> 00:27:51.500 Thank you. 00:27:51.500 --> 00:27:55.580 Next item our agenda is to a PZ 22243. 00:27:55.580 --> 00:27:59.380 That's the consider approval of our October 12th minutes. 00:27:59.380 --> 00:28:00.380 Commissioner Smith. 00:28:00.380 --> 00:28:03.540 Make a motion to approve commissioner Villarreal second. 00:28:03.540 --> 00:28:06.100 We've got a first and a second for approval. 00:28:06.100 --> 00:28:07.540 Any discussion? 00:28:07.540 --> 00:28:08.900 Okay. 00:28:08.900 --> 00:28:09.900 Seeing none. 00:28:09.900 --> 00:28:35.900 Would the board please. 00:28:35.900 --> 00:28:38.700 That motion carries six zero. 00:28:38.700 --> 00:28:39.700 Thank you. 00:28:39.700 --> 00:28:45.240 Next item of business is our consent agenda. 00:28:45.240 --> 00:28:46.240 Commissioner Villarreal. 00:28:46.240 --> 00:28:49.220 I move approval of the consent agenda. 00:28:49.220 --> 00:28:50.220 Commissioner Anderson. 00:28:50.220 --> 00:28:51.220 Second. 00:28:51.220 --> 00:28:52.220 Okay. 00:28:52.220 --> 00:28:53.700 We've got a first and a second for approval of the consent agenda. 00:28:53.700 --> 00:28:54.700 Any discussion? 00:28:54.700 --> 00:28:55.700 Okay. 00:28:55.700 --> 00:29:08.340 Let's vote on the board, please. 00:29:08.340 --> 00:29:11.020 That motion carries six zero. 00:29:11.020 --> 00:29:14.420 That takes us to our items for individual consideration. 00:29:14.420 --> 00:29:18.780 Four A is our first item PP 220017. 00:29:18.780 --> 00:29:21.180 Invite Mia Hines up for presentation. 00:29:21.180 --> 00:29:22.740 Hi, Mia. 00:29:22.740 --> 00:29:28.780 Good evening, Chair, members of the commission. 00:29:28.780 --> 00:29:30.140 Mia Hines, Associate Planner. 00:29:30.140 --> 00:29:35.220 So this item is a preliminary plan for Legends Ranch. 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 00:29:39.180 --> 00:29:43.420 University in the city's ETJ within a municipal utility district. 00:29:43.420 --> 00:29:47.220 At the time that the report came out, staff was recommending denial. 00:29:47.220 --> 00:29:50.340 We have since worked with the applicant and are now recommending approval and you have 00:29:50.340 --> 00:29:53.580 that updated plat was sent to you. 00:29:53.580 --> 00:29:56.940 And so we are recommending approval and I will stand for any questions that you have 00:29:56.940 --> 00:29:57.940 at this time. 00:29:57.940 --> 00:29:58.940 Great. 00:29:58.940 --> 00:29:59.940 Thank you, Mia. 00:29:59.940 --> 00:30:00.940 Any questions? 00:30:00.940 --> 00:30:01.940 Thank you. 00:30:01.940 --> 00:30:02.940 I don't see any. 00:30:02.940 --> 00:30:06.580 Thank you, I don't see any. 00:30:06.580 --> 00:30:07.580 Commissioner Villareal. 00:30:07.580 --> 00:30:10.340 I move approval. 00:30:10.340 --> 00:30:11.340 Commissioner Anderson. 00:30:11.340 --> 00:30:12.340 Second. 00:30:12.340 --> 00:30:15.620 We've got a first and a second for approval. 00:30:15.620 --> 00:30:16.620 Any discussion? 00:30:16.620 --> 00:30:17.620 Okay. 00:30:17.620 --> 00:30:33.860 Let's vote on the board, please. 00:30:33.860 --> 00:30:37.300 That motion carries 6-0. 00:30:37.300 --> 00:30:41.820 Taking us to item 4B, PP-220024. 00:30:41.820 --> 00:30:43.500 That is Mia's once again. 00:30:43.500 --> 00:30:50.220 Thank you again, members of the commission, Mia Hines, associate planner. 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 00:30:57.860 --> 00:30:59.980 Drive and Motch Branch. 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 00:31:03.820 --> 00:31:04.820 for approval. 00:31:04.820 --> 00:31:09.300 However, we do not have any objections to the requested extension which could be granted 00:31:09.300 --> 00:31:15.420 to November 16, 2022, and I will stand for any questions you have at this time. 00:31:15.420 --> 00:31:16.420 Thanks, Mia. 00:31:16.420 --> 00:31:18.260 I do not see any questions. 00:31:18.260 --> 00:31:19.620 Thank you much. 00:31:19.620 --> 00:31:20.620 Commissioner Smith. 00:31:20.620 --> 00:31:24.740 Make a motion to approve the extension to date certain November 16, 2022. 00:31:24.740 --> 00:31:25.740 Commissioner McDade. 00:31:25.740 --> 00:31:26.740 Second. 00:31:26.740 --> 00:31:27.740 Okay. 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 00:31:30.460 --> 00:31:33.220 November 16. 00:31:33.220 --> 00:31:34.220 Any discussion? 00:31:34.220 --> 00:31:35.220 Okay. 00:31:35.220 --> 00:31:46.980 Let's vote on the board, please. 00:31:46.980 --> 00:31:48.540 That motion carries 6-0. 00:31:48.540 --> 00:31:56.100 That will take us to 4-C, FP-220024, and I believe Sean Jacobson is presenting. 00:31:56.100 --> 00:31:57.100 Yes, ma'am. 00:31:57.100 --> 00:31:58.100 Good evening. 00:31:58.100 --> 00:32:02.180 Sean Jacobson, associate planner with the City of Denton Planning Department. 00:32:02.180 --> 00:32:06.420 Here to present FP-22-0024A. 00:32:06.420 --> 00:32:09.740 This is a proposed plat for the rail yard. 00:32:09.740 --> 00:32:14.100 At this time, staff is recommending approval of the plat subject to the condition that 00:32:14.100 --> 00:32:18.460 all conditions associated with the approval of the civil engineering plans for this final 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 00:32:23.820 --> 00:32:29.660 engineering plans necessitate a change to the easement configuration on the final plat. 00:32:29.660 --> 00:32:33.700 So recommending approval with that condition, and that does require that this plat would 00:32:33.700 --> 00:32:38.380 need to return to the commission once those conditions are satisfied. 00:32:38.380 --> 00:32:40.020 So happy to stand for any questions. 00:32:40.020 --> 00:32:41.180 Very good, Sean. 00:32:41.180 --> 00:32:44.420 Any questions for Sean? 00:32:44.420 --> 00:32:47.140 Okay. 00:32:47.140 --> 00:32:48.140 Thank you very much. 00:32:48.140 --> 00:32:54.620 I do have one card to speak on this individual consideration item. 00:32:54.620 --> 00:33:00.080 It is Amy Bissett. 00:33:00.080 --> 00:33:02.100 Hi. 00:33:02.100 --> 00:33:03.100 Good evening, commissioners. 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 00:33:09.740 --> 00:33:14.420 about the neighborhood meeting that took place or was supposed to take place on Monday evening. 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 00:33:21.740 --> 00:33:24.620 where this informs your decision related to the plat. 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 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 00:33:35.200 --> 00:33:39.280 instrument is a city council consideration for approval. 00:33:39.280 --> 00:33:44.920 As it relates to the neighborhood meeting on Monday evening, I want to first sincerely 00:33:44.920 --> 00:33:51.100 apologize that there was no representation there by the developer or my client or myself. 00:33:51.100 --> 00:33:55.740 I was not made aware that the meeting was taking place until Tuesday morning when I 00:33:55.740 --> 00:34:02.180 received an email from the mayor asking why we weren't in attendance. 00:34:02.180 --> 00:34:07.260 My understanding is that the representative for the Southeast Denton Neighborhood Association 00:34:07.260 --> 00:34:13.960 was working directly with my client and had scheduled that, and they subsequently informed 00:34:13.960 --> 00:34:18.500 her that they needed to postpone or cancel. 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 00:34:24.180 --> 00:34:25.180 there. 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 00:34:28.180 --> 00:34:33.580 I had been invited or not, I would have been there. 00:34:33.580 --> 00:34:37.020 Over the last two years, you all see me almost every meeting. 00:34:37.020 --> 00:34:42.340 Over the last two years, I have personally facilitated 27 neighborhood meetings. 00:34:42.340 --> 00:34:51.820 The core value of my business and me personally is authentic, collaborative neighborhood engagement 00:34:51.820 --> 00:34:54.340 and engagement with our community. 00:34:54.340 --> 00:35:00.140 I hold my clients accountable to that standard as well. 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 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 00:35:11.820 --> 00:35:18.260 there is genuine collaborative engagement with the neighborhood, with the community, 00:35:18.260 --> 00:35:24.900 and that my client is responsive to the feedback that they receive. 00:35:24.900 --> 00:35:29.900 That sewer easement is probably a couple of months away, if I had to guess. 00:35:29.900 --> 00:35:35.920 It just takes time getting through the city attorney's office and real estate review. 00:35:35.920 --> 00:35:42.060 We are committed, I am personally committed to making sure that we do have meetings with 00:35:42.060 --> 00:35:46.620 the neighborhood and hear their feedback and concerns and incorporate those with the client 00:35:46.620 --> 00:35:47.620 moving forward. 00:35:47.620 --> 00:35:48.620 Thank you. 00:35:48.620 --> 00:35:49.620 Thank you. 00:35:49.620 --> 00:35:52.620 I think we do have one question. 00:35:52.620 --> 00:35:53.620 Commissioner Dade. 00:35:53.620 --> 00:35:56.900 Thank you, Chair. 00:35:56.900 --> 00:36:01.580 Speaking about the neighborhood, unless there's an emergency, they probably won't meet again 00:36:01.580 --> 00:36:02.580 until February. 00:36:02.580 --> 00:36:05.940 I just have quite a few of the neighborhood watching. 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 00:36:09.980 --> 00:36:13.820 and we don't even have an idea of what's actually being built there. 00:36:13.820 --> 00:36:18.460 Yes, sir. 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. 00:36:23.980 --> 00:36:28.140 Whenever I learned that we had missed the meeting, that was my biggest concern as well 00:36:28.140 --> 00:36:33.060 because I knew they meet monthly except for November and December. 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 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 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 00:36:50.100 --> 00:36:51.100 time. 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 00:36:54.380 --> 00:36:56.500 again until after the new year. 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, 00:37:02.220 --> 00:37:04.100 but there is one that's going out by- 00:37:04.100 --> 00:37:06.140 Ms. Smith, I think we're going to maybe leave it there. 00:37:06.140 --> 00:37:09.300 I'm going to maybe defer to legal here because we could be getting off topic. 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 00:37:14.580 --> 00:37:19.300 we want to get here on the project, so I will defer to you. 00:37:19.300 --> 00:37:20.300 Right. 00:37:20.300 --> 00:37:21.700 I think we're just on the bubble with posting. 00:37:21.700 --> 00:37:25.580 I appreciate your remarks and thank you for your remarks as well. 00:37:25.580 --> 00:37:29.260 I think it might make sense for this discussion to be taken offline. 00:37:29.260 --> 00:37:32.620 We will provide an update to the neighborhood immediately. 00:37:32.620 --> 00:37:33.620 Thank you. 00:37:33.620 --> 00:37:34.620 Yeah. 00:37:34.620 --> 00:37:35.620 That's perfect. 00:37:35.620 --> 00:37:36.620 Yeah. 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 00:37:41.460 --> 00:37:45.940 away from the meeting, get him some information to disseminate and what have you. 00:37:45.940 --> 00:37:46.940 Absolutely. 00:37:46.940 --> 00:37:47.940 Okay. 00:37:47.940 --> 00:37:48.940 Appreciate you being here. 00:37:48.940 --> 00:37:49.940 Thank you so much. 00:37:49.940 --> 00:37:50.940 All right. 00:37:50.940 --> 00:37:51.940 Thank you. 00:37:51.940 --> 00:37:52.940 Thank you. 00:37:52.940 --> 00:37:53.940 Okay. 00:37:53.940 --> 00:37:55.860 And you're good Commissioner McDade, you're still on the board. 00:37:55.860 --> 00:37:56.860 No, I'm sorry. 00:37:56.860 --> 00:37:57.860 No, you're good. 00:37:57.860 --> 00:37:58.860 Okay. 00:37:58.860 --> 00:37:59.860 Just wanted to make sure you didn't have another question. 00:37:59.860 --> 00:38:00.860 Okay. 00:38:00.860 --> 00:38:01.860 Commissioner Smith. 00:38:01.860 --> 00:38:04.660 Make a motion to approve with staff conditions. 00:38:04.660 --> 00:38:05.660 Commissioner Anderson. 00:38:05.660 --> 00:38:06.660 Second. 00:38:06.660 --> 00:38:07.660 Okay. 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. 00:38:12.220 --> 00:38:14.140 Any discussion? 00:38:14.140 --> 00:38:15.140 Commissioner Villarreal. 00:38:15.140 --> 00:38:19.740 I just want to thank the applicant representative for your honesty and coming here and saying 00:38:19.740 --> 00:38:21.400 that today. 00:38:21.400 --> 00:38:25.620 With that being said, while I appreciate and understand staff's analysis, I do not believe 00:38:25.620 --> 00:38:30.900 this plat adequately minimizes the significant adverse financial impact to the properties 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 00:38:38.020 --> 00:38:47.340 against it at this current time. 00:38:47.340 --> 00:38:49.140 Any other discussion? 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. 00:38:55.340 --> 00:38:56.340 Okay. 00:38:56.340 --> 00:39:01.340 Let's vote on the board. 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? 00:39:17.500 --> 00:39:18.500 Thank you. 00:39:18.500 --> 00:39:19.500 Okay. 00:39:19.500 --> 00:39:20.500 I'm running flashed off of mine. 00:39:20.500 --> 00:39:22.500 Thank you. 00:39:22.500 --> 00:39:24.860 Okay. 00:39:24.860 --> 00:39:30.620 That will move us to item 4D, V220007. 00:39:30.620 --> 00:39:35.060 I will invite Angie up for presentation. 00:39:35.060 --> 00:39:45.340 Good evening, Chair and members of the commission, Angie Mingler, Senior Planner. 00:39:45.340 --> 00:39:51.140 This is V220007, a variance request for Woodland Hills. 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 00:39:56.780 --> 00:40:01.780 to our zoning regulations, but is subject to the subdivision regulations in subchapter 00:40:01.780 --> 00:40:02.780 8. 00:40:02.780 --> 00:40:08.160 This property is located generally east of FM 428 and north of Hartley Field Road. 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) 00:40:14.340 --> 00:40:20.940 and (c)(3)(b) as it relates to the access easement that currently serves the site. 00:40:20.940 --> 00:40:25.100 The site does not have frontage on a public thoroughfare requiring an access easement 00:40:25.100 --> 00:40:26.180 to it. 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 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 00:40:38.900 --> 00:40:41.100 that to be a public access easement. 00:40:41.100 --> 00:40:46.260 This is associated with the final plat on the next agenda item. 00:40:46.260 --> 00:40:47.260 But a little bit about this. 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 00:40:53.980 --> 00:40:56.620 that is to the west of this area. 00:40:56.620 --> 00:41:03.260 The access easement was established by Separate Instrument in 2019, and as you see today on 00:41:03.260 --> 00:41:05.740 your screen is how it exists. 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 00:41:10.820 --> 00:41:15.860 they're also asking to keep that access easement private for security reasons of that well 00:41:15.860 --> 00:41:18.980 and water plant to be established. 00:41:18.980 --> 00:41:22.460 When looking at criteria for approval for a variance, it shall not be detrimental to 00:41:22.460 --> 00:41:28.980 public health or safety, it shall be due to existing circumstances and hardship, it shall 00:41:28.980 --> 00:41:36.940 not deviate or it shall not alter the provisions of the comprehensive plan or development code, 00:41:36.940 --> 00:41:43.620 and the conditions for which the request is being sought should not have been created 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. 00:41:47.860 --> 00:41:52.140 And staff finds that this request is consistent with all of those criteria and is sporting 00:41:52.140 --> 00:41:55.540 this to you this evening with the recommendation of approval. 00:41:55.540 --> 00:41:58.420 If you have any questions, I'm happy to answer them. 00:41:58.420 --> 00:41:59.420 Excellent. 00:41:59.420 --> 00:42:00.420 Thank you, Angie. 00:42:00.420 --> 00:42:02.500 Any questions for Angie on this item? 00:42:02.500 --> 00:42:05.580 I do not see any. 00:42:05.580 --> 00:42:08.420 Thank you so much. 00:42:08.420 --> 00:42:23.540 Chair can entertain a motion or further discussion on this item. 00:42:23.540 --> 00:42:24.540 Commissioner Pruitt? 00:42:24.540 --> 00:42:25.540 I move approval. 00:42:25.540 --> 00:42:26.540 Commissioner Smith? 00:42:26.540 --> 00:42:27.540 Second. 00:42:27.540 --> 00:42:28.540 Okay. 00:42:28.540 --> 00:42:30.620 We've got a first and a second for approval of this variance request. 00:42:30.620 --> 00:42:31.620 Any discussion? 00:42:31.620 --> 00:42:32.620 Okay. 00:42:32.620 --> 00:42:46.300 Let's vote on the board, please. 00:42:46.300 --> 00:42:49.020 Motion carries 6-0. 00:42:49.020 --> 00:43:10.780 That will bring Angie back up for 4-E, FP-220027. 00:43:10.780 --> 00:43:11.780 Sorry. 00:43:11.780 --> 00:43:12.780 Technical difficulties. 00:43:12.780 --> 00:43:13.780 Okay. 00:43:13.780 --> 00:43:15.500 Angie Manglars, Senior Planner. 00:43:15.500 --> 00:43:18.820 This is FP-220027. 00:43:18.820 --> 00:43:22.660 This is the final plat for the Woodlands Hill lot to be created. 00:43:22.660 --> 00:43:27.460 It is approximately three acres located in our Division 1 ETJ. 00:43:27.460 --> 00:43:31.660 As the variance request was recommended for approval, staff is forwarding this plat to 00:43:31.660 --> 00:43:33.180 you tonight with the recommendation of approval. 00:43:33.180 --> 00:43:36.180 I'm happy to answer any questions. 00:43:36.180 --> 00:43:37.840 Thank you. 00:43:37.840 --> 00:43:41.100 I do not see any questions. 00:43:41.100 --> 00:43:44.260 Commissioner Smith? 00:43:44.260 --> 00:43:45.260 Commissioner Anderson? 00:43:45.260 --> 00:43:46.260 Second. 00:43:46.260 --> 00:43:49.300 We've got a first and a second for approval of this final plat. 00:43:49.300 --> 00:43:50.300 Any discussion? 00:43:50.300 --> 00:43:51.300 Okay. 00:43:51.300 --> 00:44:00.180 Let's vote on the board, please. 00:44:00.180 --> 00:44:02.300 That motion carries 6-0. 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 00:44:06.740 --> 00:44:11.380 is 5AZ220016. 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 00:44:17.820 --> 00:44:24.620 up for presentation of this item tonight. 00:44:24.620 --> 00:44:37.380 Good evening again, Angie Manglars, Senior Planner. 00:44:37.380 --> 00:44:42.840 This is Z220016, a rezoning request for Oak Vista. 00:44:42.840 --> 00:44:47.460 The subject property is located at the end of Trailhead Lane. 00:44:47.460 --> 00:44:51.340 It is located generally south of East McKinney Street. 00:44:51.340 --> 00:44:58.620 The purpose of this rezoning request is to rezone approximately 21 acres from PD7 to 00:44:58.620 --> 00:45:03.540 R6 to remove the following overlay conditions. 00:45:03.540 --> 00:45:08.140 Those conditions are that the development of the site is limited to a multi-family townhouse 00:45:08.140 --> 00:45:14.940 development use with a maximum density of six units per acre, and that the access to 00:45:14.940 --> 00:45:19.700 the north shall be utilized only as emergency access only. 00:45:19.700 --> 00:45:26.620 The purpose of this request is to rezone to R6 to develop residential duplexes; however, 00:45:26.620 --> 00:45:31.480 as with any straight zoning case, any use that is allowed within R6 could be permitted 00:45:31.480 --> 00:45:34.260 with a rezoning request. 00:45:34.260 --> 00:45:39.460 Staff did review this request against our general criteria for approval and finds that 00:45:39.460 --> 00:45:45.140 it is consistent with the Denton 2040 Comprehensive Plan, specifically the Comprehensive Plan calls 00:45:45.140 --> 00:45:48.260 for this area to develop as moderate residential. 00:45:48.260 --> 00:45:54.640 It is an extension of existing zoning to the northeast and south of the site. 00:45:54.640 --> 00:46:01.540 You have existing multi-family as well as duplex uses, and it is consistent with the 00:46:01.540 --> 00:46:03.900 surrounding development pattern in that area. 00:46:03.900 --> 00:46:09.340 The rezoning would remove the overlay conditions and would hold the development of the site 00:46:09.340 --> 00:46:16.340 subject to current DDC regulations rather than what the PD had required. 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. 00:46:22.820 --> 00:46:25.640 Earlier we looked at how this relates to our Comprehensive Plan. 00:46:25.640 --> 00:46:30.980 The R6 Zoning District is consistent with the moderate residential future land use. 00:46:30.980 --> 00:46:35.540 It calls for a density of between 5 and 12 dwelling units per acre. 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 00:46:41.140 --> 00:46:42.140 for the site. 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. 00:46:47.360 --> 00:46:51.720 In addition, the Denton Comprehensive Plan recognizes that with population expected to 00:46:51.720 --> 00:46:56.780 increase, providing housing in all locations at various price points is critical, and this 00:46:56.780 --> 00:47:00.740 would help facilitate that goal as well. 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 00:47:05.100 --> 00:47:08.420 PD overlay versus what R6 would call for. 00:47:08.420 --> 00:47:15.060 The main things that are being addressed with going to straight zoning would be the access. 00:47:15.060 --> 00:47:22.220 The PD today requires one full connection to Trailhead Lane, and then the overlay condition 00:47:22.220 --> 00:47:27.980 requires that the northern access to McKinney Street be utilized as emergency services only. 00:47:27.980 --> 00:47:33.140 Under straight zoning, R6, they would be subject to all provisions of the DDC, including section 00:47:33.140 --> 00:47:39.820 8.3.2, which requires two points of vehicular access to the proposed subdivision. 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 00:47:45.180 --> 00:47:51.100 to multifamily townhomes, which is not a use that's currently defined in our DDC, whereas 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, 00:47:57.980 --> 00:48:02.420 which could include single-family detached, townhomes, duplexes, triplexes, as well as 00:48:02.420 --> 00:48:05.660 fourplexes. 00:48:05.660 --> 00:48:11.000 Looking at the impacts to the surrounding property, this is the subject site here in 00:48:11.000 --> 00:48:12.000 R7. 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 00:48:16.080 --> 00:48:20.100 north, east, and south of the site. 00:48:20.100 --> 00:48:23.940 Any development that occurs on the site must be in accordance with all the development 00:48:23.940 --> 00:48:26.300 standards in the DDC. 00:48:26.300 --> 00:48:29.240 There are nearby roadway extensions. 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 00:48:33.140 --> 00:48:36.480 and civil engineering processes. 00:48:36.480 --> 00:48:39.740 Public outreach was conducted in accordance with the DDC and state law. 00:48:39.740 --> 00:48:44.980 At this time, there have been no responses in favor nor in opposition to the request. 00:48:44.980 --> 00:48:48.140 Staff has reviewed this case and is recommending approval. 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 00:48:52.060 --> 00:48:55.540 and available to answer any questions you may have of them. 00:48:55.540 --> 00:48:56.580 Great. 00:48:56.580 --> 00:49:00.380 Thank you, Angie. 00:49:00.380 --> 00:49:01.380 My screen is... 00:49:01.380 --> 00:49:02.420 There we go. 00:49:02.420 --> 00:49:08.540 Any questions for Angie at this time? 00:49:08.540 --> 00:49:09.540 Thank you. 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 00:49:15.540 --> 00:49:16.540 Rod... 00:49:16.540 --> 00:49:18.820 I think it's Zellby, maybe? 00:49:18.820 --> 00:49:19.820 I was trying to say your last name. 00:49:19.820 --> 00:49:20.820 Is it Zellby? 00:49:20.820 --> 00:49:21.820 Zellby. 00:49:21.820 --> 00:49:22.820 Yeah. 00:49:22.820 --> 00:49:23.820 Okay. 00:49:23.820 --> 00:49:24.820 You don't want to take up a lot of your time. 00:49:24.820 --> 00:49:25.820 My name's Rod Zellky. 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 00:49:30.820 --> 00:49:33.500 questions or address any concerns. 00:49:33.500 --> 00:49:37.380 Do we have any questions for the applicant? 00:49:37.380 --> 00:49:45.820 Do you have a person interested in developing as presented to us? 00:49:45.820 --> 00:49:46.820 I'm just curious. 00:49:46.820 --> 00:49:47.820 What is this? 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 00:49:56.300 --> 00:50:01.860 development that's a very similar development that's under construction right now, just 00:50:01.860 --> 00:50:05.020 the other side, just the end of Trailhead. 00:50:05.020 --> 00:50:11.020 So there's this kind of activity in the area, so we're optimistic about that. 00:50:11.020 --> 00:50:12.020 Very good. 00:50:12.020 --> 00:50:13.020 Okay. 00:50:13.020 --> 00:50:14.020 Thank you very much. 00:50:14.020 --> 00:50:15.020 You bet. 00:50:15.020 --> 00:50:16.020 Appreciate you being here. 00:50:16.020 --> 00:50:17.020 This is a public hearing. 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 00:50:20.860 --> 00:50:22.860 on this item? 00:50:22.860 --> 00:50:31.100 Okay, seeing none, I will close the public hearing and open the floor for discussion 00:50:31.100 --> 00:50:37.100 or a motion. 00:50:37.100 --> 00:50:41.820 No? 00:50:41.820 --> 00:50:54.260 Yeah, well, Commissioner McTain. 00:50:54.260 --> 00:50:59.460 Okay, we've got a first for approval of this request. 00:50:59.460 --> 00:51:00.460 Commissioner Pruitt? 00:51:00.460 --> 00:51:01.460 I'll second. 00:51:01.460 --> 00:51:02.460 Okay. 00:51:02.460 --> 00:51:04.740 We've got a first and a second for approval of this request. 00:51:04.740 --> 00:51:07.300 Any discussion? 00:51:07.300 --> 00:51:09.980 I'll just say a couple of words on this. 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 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 00:51:22.220 --> 00:51:27.660 questions that I had presented in work session so that I could feel comfortable changing 00:51:27.660 --> 00:51:28.660 this again. 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 00:51:37.220 --> 00:51:42.900 to instill neighborhood protection or maybe make sure we only have a certain type of a 00:51:42.900 --> 00:51:48.340 development and we're eliminating certain things from the code, but I think with the 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 00:51:55.220 --> 00:52:02.820 of what the intent was with this first project request, so I appreciate staff for answering 00:52:02.820 --> 00:52:03.820 my many questions. 00:52:03.820 --> 00:52:16.700 So with that, we can go ahead and vote on the board. 00:52:16.700 --> 00:52:19.260 That motion carries 6-0. 00:52:19.260 --> 00:52:25.780 That will take us to our next public hearing item, 5B, S21-0006. 00:52:25.780 --> 00:52:31.140 I will invite Sean Jacobson for presentation and open the public hearing. 00:52:31.140 --> 00:52:36.220 Good evening, Chair and members of the commission. 00:52:36.220 --> 00:52:41.500 I'll just get my presentation up here. 00:52:41.500 --> 00:52:44.220 All right. 00:52:44.220 --> 00:52:45.220 Good evening. 00:52:45.220 --> 00:52:48.140 Sean Jacobson, Associate Planner with the Denton Planning Department here to present 00:52:48.140 --> 00:52:54.180 S21-0006, the landmark multifamily development. 00:52:54.180 --> 00:52:59.660 This is a request for a specific use permit for two multifamily developments on two tracks 00:52:59.660 --> 00:53:05.260 out of an overall 53.407 acre property that's in the suburban corridor district. 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 00:53:12.060 --> 00:53:16.500 tract, is proposed for 324 units, 22.4 acres. 00:53:16.500 --> 00:53:20.140 There are an additional three tracks that make up this property, which are not proposed 00:53:20.140 --> 00:53:22.220 for development as a part of this SUP. 00:53:22.220 --> 00:53:26.260 They're being kept vacant for future development, but they are included simply because there 00:53:26.260 --> 00:53:30.260 is some infrastructure that's necessary for this development that is on those, running 00:53:30.260 --> 00:53:32.860 through those lots, those tracks. 00:53:32.860 --> 00:53:37.100 Again, this is within the suburban corridor district, and so the use is permitted, but 00:53:37.100 --> 00:53:41.720 it does require that specific use permit, and therefore, we need to evaluate it against 00:53:41.720 --> 00:53:43.900 our criteria for an SUP. 00:53:43.900 --> 00:53:48.180 Staff is recommending approval with conditions, which we'll discuss later, because this is 00:53:48.180 --> 00:53:51.420 consistent with the Denton 2040 Comprehensive Plan. 00:53:51.420 --> 00:53:54.580 As you can see here, this is the site plan provided. 00:53:54.580 --> 00:54:00.220 There's two tracks, each with 12 three-story buildings proposed, as well as those three 00:54:00.220 --> 00:54:02.020 vacant tracks. 00:54:02.020 --> 00:54:03.860 Both have a number of amenities. 00:54:03.860 --> 00:54:09.380 Each track is proposed to have a clubhouse and pool, as well as extensive open space. 00:54:09.380 --> 00:54:10.740 Our minimum is 8%. 00:54:10.740 --> 00:54:17.920 This is providing above that on both tracks, with walking paths, benches, bike racks. 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, 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, 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 00:54:32.820 --> 00:54:34.300 the development. 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 00:54:38.340 --> 00:54:39.340 as a boulevard. 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 00:54:44.660 --> 00:54:50.880 interior vehicle circulation, but also to provide tree-lined pedestrian pathways. 00:54:50.880 --> 00:54:55.180 The parking is above 1.2 spaces per bedroom. 00:54:55.180 --> 00:54:59.460 Buildings do meet all of our architectural standards and they are designed, so we expect 00:54:59.460 --> 00:55:02.580 a higher standard of design when we're looking at a specific use permit. 00:55:02.580 --> 00:55:07.340 All of these are oriented either directly onto the street or onto shared open spaces 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 00:55:10.900 --> 00:55:15.020 direct sidewalk entrances, so you can walk right out on the sidewalk. 00:55:15.020 --> 00:55:21.620 As you can see here, the applicant's landscape plan, I've particularly highlighted the extensive 00:55:21.620 --> 00:55:24.900 green open space that will be around the edges of this. 00:55:24.900 --> 00:55:29.500 In addition, they're proposing landscape and tree canopy that exceeds the minimums. 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 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 00:55:41.020 --> 00:55:42.020 trees. 00:55:42.020 --> 00:55:46.360 They're exceeding buffer requirements, so when we have easements in areas where buffers 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 00:55:50.980 --> 00:55:57.660 applicant has provided canopy trees all along both of those areas between the development 00:55:57.660 --> 00:56:03.140 and the residential, as well as the institutional to the south, and preserving essentially all 00:56:03.140 --> 00:56:09.060 the existing trees except where an infrastructure connection goes in. 00:56:09.060 --> 00:56:15.320 Also providing just in general, additional trees throughout the open space areas. 00:56:15.320 --> 00:56:17.820 Access and walkability is crucial here. 00:56:17.820 --> 00:56:23.420 The applicant is constructing both Beale Street, so extending it up to that turnaround, as 00:56:23.420 --> 00:56:29.620 well as AME Street, so both tracks will have two points of access onto North Locust. 00:56:29.620 --> 00:56:34.620 In addition, each track will have at least two access points onto Beale Street, so you 00:56:34.620 --> 00:56:37.180 have multiple ways to get out of both developments. 00:56:37.180 --> 00:56:43.100 An important key here is when the neighborhood to the east was developed, Atlas Drive was 00:56:43.100 --> 00:56:47.260 stubbed out, and per our code, normally the requirement would be that that would be extended 00:56:47.260 --> 00:56:48.860 as a full neighborhood street. 00:56:48.860 --> 00:56:52.380 However, at the first neighborhood meeting, the residents expressed that they did not 00:56:52.380 --> 00:56:56.100 want to have that connection, so we worked with the developer and determined that that 00:56:56.100 --> 00:57:01.780 would be an emergency-only access point for vehicles, but pedestrian access was provided 00:57:01.780 --> 00:57:05.620 in a pedestrian access easement from Atlas through to Beale, so that there would be the 00:57:05.620 --> 00:57:10.420 opportunity, if there's that potential future commercial development, that neighborhood 00:57:10.420 --> 00:57:15.420 could still walk through in a public easement along that tree-lined boulevard area, so they 00:57:15.420 --> 00:57:19.620 would still have a pedestrian connection, but the neighborhood's concern about vehicular 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 00:57:25.020 --> 00:57:26.020 the adjacent neighborhood. 00:57:26.020 --> 00:57:30.220 So if you can see that red there, that is an emergency-only access point. 00:57:30.220 --> 00:57:33.780 In addition, I've marked in yellow areas where the applicant will be constructing traffic 00:57:33.780 --> 00:57:39.500 improvements, I'll discuss those more in our TIA discussion, but as you can see there, 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 00:57:42.520 --> 00:57:48.620 provided, and where a traffic mitigation at AME, so there's a couple options, because 00:57:48.620 --> 00:57:52.940 that's subject to text.approval, they provided a number of options, but essentially the goal 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. 00:57:58.240 --> 00:58:03.500 In addition, pedestrian improvements provided, so sidewalks along North Locust Street, along 00:58:03.500 --> 00:58:08.580 Beale Street, which is being constructed, and a small portion along Hercules, which 00:58:08.580 --> 00:58:11.820 will be connected to the site via that walking trail. 00:58:11.820 --> 00:58:16.740 So overall, this does provide more robust mobility and walkability in this area, more 00:58:16.740 --> 00:58:21.060 options for connectivity here in line with the intent of our comprehensive plan. 00:58:21.060 --> 00:58:24.380 And along those lines, we do want to look at what the comprehensive plan says. 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 00:58:31.380 --> 00:58:36.180 use, is predominantly commercial, but also an opportunity for higher density and mixed 00:58:36.180 --> 00:58:40.780 housing types, when that can be provided while minimizing the impact on nearby single family 00:58:40.780 --> 00:58:42.060 residential. 00:58:42.060 --> 00:58:46.580 So this proposed multifamily would align with that use, it's providing that complementary 00:58:46.580 --> 00:58:52.020 residential use to encourage and support the development of future commercial at the corner, 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 00:58:56.940 --> 00:59:03.780 district, while having that significant buffers, that 105 foot easement between the development 00:59:03.780 --> 00:59:08.260 and the neighborhood to the east, as well as the street and open space area between 00:59:08.260 --> 00:59:11.920 this development and the neighborhood to the south of Hercules. 00:59:11.920 --> 00:59:16.780 This is also in one of the center focus areas identified by the 2040 comprehensive plan 00:59:16.780 --> 00:59:20.700 where we expect that higher level of design, and it does comply with that. 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, 00:59:25.940 --> 00:59:31.220 higher open space, mobility options, and it also helps to achieve our goal of safer, more 00:59:31.220 --> 00:59:35.460 efficient movement of vehicles and bicycles and pedestrians, so by creating those neighborhood 00:59:35.460 --> 00:59:39.780 streets, more public paths, connections. 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, 00:59:45.660 --> 00:59:49.780 the developer opted to provide both a sidewalk and a path, so north and south connectivity 00:59:49.780 --> 00:59:50.780 there. 00:59:50.780 --> 00:59:54.060 Of course, one of the most important things to look at is that compatibility with the 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. 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 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, 01:00:14.780 --> 01:00:18.700 residential to the east on the other side of that easement, and residential to the south. 01:00:18.700 --> 01:00:22.740 So you have a mixture of uses in this area, and the opportunity for increased commercial 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 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 01:00:34.020 --> 01:00:37.940 be adjacent to residential, but nonetheless be buffered from it, it's not right on top 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 01:00:42.660 --> 01:00:46.500 potential commercial development that would serve both the multifamily and the neighborhood 01:00:46.500 --> 01:00:48.780 as well at a key intersection. 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 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, 01:00:59.060 --> 01:01:02.420 but also the potential impact of the future commercial, if and when that develops. 01:01:02.420 --> 01:01:08.780 So the TIA indicated that both North Locust and Eastbound Loop 288, so those two primary 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 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 01:01:17.580 --> 01:01:21.700 of the multifamily, the existing traffic and growth, but also if that commercial develops 01:01:21.700 --> 01:01:28.820 as well, that those roadway linkages would stick me at the level that we require. 01:01:28.820 --> 01:01:32.860 Most surrounding intersections were indicated to be at least a level of service D through 01:01:32.860 --> 01:01:37.700 2030, for certain turning movements, there were some issues that needed to be addressed, 01:01:37.700 --> 01:01:39.460 I'll touch on those directly. 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 01:01:43.780 --> 01:01:47.020 and the developer will be constructing that, one of the conditions will be that that will 01:01:47.020 --> 01:01:51.520 have to be constructed before anything is open on this site. 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 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 01:02:00.200 --> 01:02:03.880 the proportionate cost towards a future signal there. 01:02:03.880 --> 01:02:10.020 At Locust and Hercules, this site would have a limited impact, not enough for any mitigation 01:02:10.020 --> 01:02:11.300 to be required there. 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 01:02:15.580 --> 01:02:20.720 number of options have been included in the plan subject to textile approval, but essentially 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 01:02:24.740 --> 01:02:28.720 there to address the potential issues identified in the TIA. 01:02:28.720 --> 01:02:32.260 In addition, the future commercial development, when that comes in, they'll have to update 01:02:32.260 --> 01:02:36.860 the TIA, any contributions that are required of those uses will have to be assessed and 01:02:36.860 --> 01:02:38.560 provided at that time. 01:02:38.560 --> 01:02:43.740 So overall, the surrounding street linkages are expected to operate at an acceptable level, 01:02:43.740 --> 01:02:47.820 most terms are expected to be acceptable, and where not, mitigation is proposed where 01:02:47.820 --> 01:02:50.180 that's required. 01:02:50.180 --> 01:02:53.340 There is a park within a 16-minute walk. 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 01:02:57.420 --> 01:02:59.820 and the potential future commercial. 01:02:59.820 --> 01:03:03.500 There is 500-year floodplain on this site, which does not prevent development, but it 01:03:03.500 --> 01:03:08.020 does need to be addressed, and so the applicant is proposing two drainage ponds, and those 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 01:03:12.300 --> 01:03:14.620 manage any drainage for the future commercial. 01:03:14.620 --> 01:03:20.420 So at times, civil engineering plan will be assessed for satisfying both of those. 01:03:20.420 --> 01:03:21.860 Public outreach was done. 01:03:21.860 --> 01:03:28.940 We did receive four responses in opposition, and I believe we provided you with those. 01:03:28.940 --> 01:03:34.900 So overall, staff does recommend approval with a number of conditions, and these essentially 01:03:34.900 --> 01:03:40.420 relate to locking in that site plan and landscape plan, but providing some staff flexibility 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 01:03:45.020 --> 01:03:51.260 while at the same time providing some flexibility for any necessary movements to those or minor 01:03:51.260 --> 01:03:55.940 changes to design in response to tech stock approvals. 01:03:55.940 --> 01:03:57.580 So with that, that is my presentation. 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. 01:04:01.900 --> 01:04:02.900 Thank you, Sean. 01:04:02.900 --> 01:04:06.940 Any questions at this time for Sean? 01:04:06.940 --> 01:04:07.940 Commissioner Pruitt. 01:04:07.940 --> 01:04:09.940 Thank you, Chair. 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 01:04:14.300 --> 01:04:23.540 details from the applicant yet on the type of pedestrian gate and whether that would 01:04:23.540 --> 01:04:25.720 allow bicycle circulation? 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 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 01:04:36.060 --> 01:04:44.180 120 feet maybe, basically the lot depth between that corner and the neighborhood street to 01:04:44.180 --> 01:04:45.180 the east of there. 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 01:04:53.420 --> 01:04:54.420 there. 01:04:54.420 --> 01:04:55.420 That would be Redstone? 01:04:55.420 --> 01:04:56.420 Yes. 01:04:56.420 --> 01:04:57.420 Thank you. 01:04:57.420 --> 01:05:01.100 Are there any plans either in conjunction with this development or separate from that 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? 01:05:10.620 --> 01:05:12.500 There are no set plans at this time. 01:05:12.500 --> 01:05:18.580 I know just from talking with transportation, they're just looking at potentially how they 01:05:18.580 --> 01:05:20.780 want to address the wideness of the street there. 01:05:20.780 --> 01:05:21.780 But it's certainly something we've discussed. 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 01:05:25.460 --> 01:05:27.580 there are no plans in place at this time. 01:05:27.580 --> 01:05:28.580 Okay. 01:05:28.580 --> 01:05:29.700 Thank you. 01:05:29.700 --> 01:05:32.420 Any other questions for Shawn at this time? 01:05:32.420 --> 01:05:33.420 Okay. 01:05:33.420 --> 01:05:34.420 Thanks, Shawn. 01:05:34.420 --> 01:05:37.940 With that, I will invite Trey Jacobson. 01:05:37.940 --> 01:05:38.940 I assume no relation. 01:05:38.940 --> 01:05:41.940 Not as far as we know. 01:05:41.940 --> 01:05:44.380 He is the applicant. 01:05:44.380 --> 01:05:48.700 I will invite him up to the podium. 01:05:48.700 --> 01:05:54.620 Chair, thank you for just claiming any relationship. 01:05:54.620 --> 01:05:56.860 I was going to make that same comment. 01:05:56.860 --> 01:05:58.660 I'm Trey Jacobson. 01:05:58.660 --> 01:06:00.500 I am a land use consultant. 01:06:00.500 --> 01:06:02.500 I'm based out of San Antonio. 01:06:02.500 --> 01:06:06.940 Joining me today is Brian Bridgewater with Mann Heart Consulting. 01:06:06.940 --> 01:06:08.700 He's the civil engineer of the project. 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 01:06:11.900 --> 01:06:14.660 have a strong group and team on the project. 01:06:14.660 --> 01:06:15.660 Oops. 01:06:15.660 --> 01:06:19.820 Here's if I can go back. 01:06:19.820 --> 01:06:23.420 So we represent Landmark Companies, which is a national development company. 01:06:23.420 --> 01:06:25.740 They are based out of Florida. 01:06:25.740 --> 01:06:28.060 They do work all over the nation. 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. 01:06:33.060 --> 01:06:39.500 They do high-quality market rate apartment projects, highly amenitized, and we're looking 01:06:39.500 --> 01:06:40.500 forward to working with them. 01:06:40.500 --> 01:06:43.180 And I can say I'm thrilled that we're actually here today. 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 01:06:49.980 --> 01:06:51.900 in March of 2021. 01:06:51.900 --> 01:06:55.980 This is something that Shawn didn't really mention, but we actually reached out prior 01:06:55.980 --> 01:06:59.540 to any revealing of any kind of plans or intentions. 01:06:59.540 --> 01:07:02.220 We sent letters to everybody within 500 feet. 01:07:02.220 --> 01:07:06.460 We invited them to complete a survey, indicating what their concerns, thoughts, requests were 01:07:06.460 --> 01:07:08.180 for the property. 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 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 01:07:16.020 --> 01:07:18.300 site that is fresh on their minds. 01:07:18.300 --> 01:07:21.140 They didn't want things that were going to negatively impact their neighborhood. 01:07:21.140 --> 01:07:22.740 They didn't want traffic on Hercules. 01:07:22.740 --> 01:07:25.100 They wanted it away from the neighborhood. 01:07:25.100 --> 01:07:29.220 And interestingly, somebody wanted walking trails and sidewalks to connect to the neighborhood. 01:07:29.220 --> 01:07:30.300 So we took that information. 01:07:30.300 --> 01:07:32.420 We worked on our initial site plan. 01:07:32.420 --> 01:07:36.180 We briefed the neighborhood in July of last year. 01:07:36.180 --> 01:07:40.740 And what we heard back generally was there was support for apartments over the intensity 01:07:40.740 --> 01:07:42.500 of the commercial uses that could go there. 01:07:42.500 --> 01:07:46.140 They wanted traffic toward Locust and away from their neighborhood. 01:07:46.140 --> 01:07:48.980 They were happy to hear that we were talking about traffic improvements, but there still 01:07:48.980 --> 01:07:49.980 was concerns. 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 01:07:56.420 --> 01:07:57.620 connection through the neighborhood. 01:07:57.620 --> 01:07:58.620 They were concerned. 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 01:08:04.780 --> 01:08:07.380 would be cut-through traffic through their neighborhood. 01:08:07.380 --> 01:08:09.740 So this process was 18 months to complete. 01:08:09.740 --> 01:08:13.060 There were 10 plan resumables as we were going through this. 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 01:08:17.740 --> 01:08:22.900 details of these plans are rigidly adhered to, and they have done a great job. 01:08:22.900 --> 01:08:26.780 We have been forced to, at this point, do site plans, drainage plans, landscaping plans, 01:08:26.780 --> 01:08:27.780 utilities. 01:08:27.780 --> 01:08:30.340 We can tell you where the transformers are going to be on this project. 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 01:08:35.060 --> 01:08:36.420 expense, I might add. 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 01:08:41.060 --> 01:08:44.100 everybody know what was going on. 01:08:44.100 --> 01:08:47.900 There are people that are opposed clearly to development around the area. 01:08:47.900 --> 01:08:54.220 There's a concern broadly about unresolved infrastructure issues writ large in the area. 01:08:54.220 --> 01:08:57.700 But generally there was support, continued support, for apartments versus commercial 01:08:57.700 --> 01:08:59.940 and how we were directing the traffic. 01:08:59.940 --> 01:09:04.540 And there was support making sure that Atlas Drive was for emergency access only. 01:09:04.540 --> 01:09:07.900 Now the current zoning, as was mentioned, was really a suburban commercial corridor, 01:09:07.900 --> 01:09:17.420 which is an intense, moderate to intense commercial office retail location, and it provides four-story 01:09:17.420 --> 01:09:18.420 buildings. 01:09:18.420 --> 01:09:19.420 So it's fairly intense. 01:09:19.420 --> 01:09:23.980 And you're familiar with the types of land uses, and that multifamily is permitted by 01:09:23.980 --> 01:09:25.140 specific use permit. 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 01:09:31.580 --> 01:09:37.020 acres worth of intense moderate density retail commercial activity there, or is it better 01:09:37.020 --> 01:09:43.020 given some of the residential uses around it to actually incorporate some of the multifamily 01:09:43.020 --> 01:09:45.380 that is designed and meeting the standards here. 01:09:45.380 --> 01:09:48.780 So this is an intersection that everybody knows in Denton. 01:09:48.780 --> 01:09:50.980 It's University in North Locust. 01:09:50.980 --> 01:09:53.620 There's a Kroger there if you've shopped there. 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, 01:09:58.460 --> 01:10:00.680 that's just under 22 acres. 01:10:00.680 --> 01:10:02.660 This site is 54 acres. 01:10:02.660 --> 01:10:05.540 So it's a massive site. 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, 01:10:11.260 --> 01:10:14.460 you're going to have a level of intensity for commercial activity that probably would 01:10:14.460 --> 01:10:16.580 overwhelm the area. 01:10:16.580 --> 01:10:20.460 And I think that's relevant to and reflects in some of the neighborhood comments that 01:10:20.460 --> 01:10:21.460 we got. 01:10:21.460 --> 01:10:24.220 Now, the final site plan was Sean. 01:10:24.220 --> 01:10:26.260 This is a colorized version of it. 01:10:26.260 --> 01:10:27.260 I want to stress this point. 01:10:27.260 --> 01:10:28.260 He didn't even mention acreage. 01:10:28.260 --> 01:10:35.300 There's still 17 acres of commercial zoned, available space for future development here, 01:10:35.300 --> 01:10:36.740 even after the site is developed. 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 01:10:41.460 --> 01:10:42.460 54 acres. 01:10:42.460 --> 01:10:43.460 You're going to have a substantial amount. 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 01:10:49.460 --> 01:10:56.000 that in terms of distances, that DME easement is 110 feet across. 01:10:56.000 --> 01:11:00.000 So there's no construction, no building, anything in that DME easement. 01:11:00.000 --> 01:11:05.780 So it provides a natural development buffer against the single-family homes. 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 01:11:09.780 --> 01:11:10.780 skip that. 01:11:10.780 --> 01:11:13.460 I will also mention that this is a phase development. 01:11:13.460 --> 01:11:17.500 So everything that's not in yellow is going to be developed in the first phase. 01:11:17.500 --> 01:11:23.620 Those are the requirements for the project, including all the infrastructure. 01:11:23.620 --> 01:11:28.340 Intersection improvements, road extension signals, all the sidewalks, all the drainage, 01:11:28.340 --> 01:11:30.380 all the amenities will be in phase one. 01:11:30.380 --> 01:11:34.180 And again, those will be sized and incorporated to even handle the commercial development 01:11:34.180 --> 01:11:35.960 later. 01:11:35.960 --> 01:11:38.700 This is how it breaks out, just for your information. 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 01:11:44.460 --> 01:11:47.940 open space for the first apartments. 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 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. 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 01:12:02.660 --> 01:12:05.940 of density when you put it all together. 01:12:05.940 --> 01:12:07.900 So let me stop there. 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 01:12:12.220 --> 01:12:13.220 on. 01:12:13.220 --> 01:12:14.220 So check. 01:12:14.220 --> 01:12:15.220 Thank you Mr. Jacobson. 01:12:15.220 --> 01:12:20.960 Any questions at this time for Commissioner Anderson? 01:12:20.960 --> 01:12:21.960 Thank you Chair. 01:12:21.960 --> 01:12:22.960 I do have a question. 01:12:22.960 --> 01:12:23.960 Yes. 01:12:23.960 --> 01:12:27.660 Lots one, two, three, you know, for commercial. 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 01:12:32.060 --> 01:12:33.060 going to be eventually? 01:12:33.060 --> 01:12:34.060 No. 01:12:34.060 --> 01:12:35.060 Not at this time. 01:12:35.060 --> 01:12:38.420 I mean, the sellers are retaining the ownership of it. 01:12:38.420 --> 01:12:40.300 Our client is not acquiring that. 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 01:12:45.100 --> 01:12:46.100 impacts were. 01:12:46.100 --> 01:12:51.420 We, there's been some assumptions for traffic planning about some intensity. 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 01:12:57.140 --> 01:13:01.980 its proximity to the residential uses, a couple of different strip centers, I think equating 01:13:01.980 --> 01:13:08.180 to about 55,000 square feet, a gas station, convenience store, and some standalone restaurants 01:13:08.180 --> 01:13:13.100 were the assumptions in the development planning, but are, is that what's going to happen? 01:13:13.100 --> 01:13:14.340 I have no idea. 01:13:14.340 --> 01:13:15.340 Okay. 01:13:15.340 --> 01:13:18.300 But your part of it is just the complex and stuff? 01:13:18.300 --> 01:13:19.300 That's right. 01:13:19.300 --> 01:13:20.300 Okay. 01:13:20.300 --> 01:13:23.300 That's both of those, combined apartment development is what we're talking about. 01:13:23.300 --> 01:13:24.300 Phase four and phase five. 01:13:24.300 --> 01:13:25.300 Okay. 01:13:25.300 --> 01:13:30.300 Any other questions at this time? 01:13:30.300 --> 01:13:31.300 Commissioner Smith. 01:13:31.300 --> 01:13:32.300 Thank you, chair. 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 01:13:36.900 --> 01:13:40.420 100 foot setback that you guys have from the single family residential to the east. 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 01:13:44.420 --> 01:13:47.860 all those will still be maintained by your project as you guys have it drawn out? 01:13:47.860 --> 01:13:48.860 Yes. 01:13:48.860 --> 01:13:49.860 Okay. 01:13:49.860 --> 01:13:55.460 Commissioner Prudt. 01:13:55.460 --> 01:13:56.460 Thank you, chair. 01:13:56.460 --> 01:14:00.620 I guess I'll direct my question to you. 01:14:00.620 --> 01:14:04.460 I think we heard about the fact that there would be some pedestrian access right next 01:14:04.460 --> 01:14:06.340 to that emergency gate. 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 01:14:11.700 --> 01:14:16.500 that fleshed out to a certain specificity yet or is that just an idea? 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 01:14:23.900 --> 01:14:24.900 the entirety. 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 01:14:30.440 --> 01:14:32.460 drive that's being built. 01:14:32.460 --> 01:14:38.660 I believe the control gates are really to, are like knocks box for emergency access, 01:14:38.660 --> 01:14:42.340 for limiting access to fire and emergency vehicles in there. 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 01:14:47.060 --> 01:14:52.180 is it's meant to limit vehicular traffic, not prevent bike or pedestrians. 01:14:52.180 --> 01:14:57.540 In fact, I believe the intention of the, through our design efforts, was to encourage that 01:14:57.540 --> 01:14:59.980 pedestrian bike connectivity. 01:14:59.980 --> 01:15:00.980 Okay. 01:15:00.980 --> 01:15:01.980 Yeah. 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 01:15:11.980 --> 01:15:16.380 private side of the DME. 01:15:16.380 --> 01:15:17.380 Understood. 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 01:15:22.940 --> 01:15:28.300 pass through of the pedestrian kind of walkway path. 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 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, 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. 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 01:15:53.100 --> 01:15:59.220 accessible walkway, but where you have to, you know, open it and then hold this with 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 01:16:03.220 --> 01:16:05.340 over in the process. 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... 01:16:09.700 --> 01:16:13.940 I believe that the sidewalks are open and I'm not... 01:16:13.940 --> 01:16:18.700 I believe it's simply meant to be a vehicular emergency access gate. 01:16:18.700 --> 01:16:19.700 Okay. 01:16:19.700 --> 01:16:23.620 It should remain open for pedestrians or bikes that flow across it at all times. 01:16:23.620 --> 01:16:24.620 Okay. 01:16:24.620 --> 01:16:25.620 Thank you. 01:16:25.620 --> 01:16:28.300 Commissioner Prue, I think Sean might have something he can add to that. 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 01:16:33.020 --> 01:16:41.580 the vehicles, the sidewalks go right...they start out, they go right on through. 01:16:41.580 --> 01:16:45.020 Any other questions at this moment for... 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 01:16:50.340 --> 01:16:51.340 are acceptable, correct? 01:16:51.340 --> 01:16:52.340 We're very well aware of them. 01:16:52.340 --> 01:16:53.340 Yes. 01:16:53.340 --> 01:16:55.380 We are fully aware of them through the design process. 01:16:55.380 --> 01:16:56.380 And are okay with them? 01:16:56.380 --> 01:16:57.380 Yes, ma'am. 01:16:57.380 --> 01:16:58.380 Excellent. 01:16:58.380 --> 01:16:59.380 Okay. 01:16:59.380 --> 01:17:00.380 Very good. 01:17:00.380 --> 01:17:01.380 Thank you. 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 01:17:06.220 --> 01:17:12.180 to speak and that would be Diana Orender. 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. 01:17:16.140 --> 01:17:17.140 Hi. 01:17:17.140 --> 01:17:18.140 Good evening. 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 01:17:24.420 --> 01:17:31.700 would just wanted to make a brief comment regarding that entire corridor because once 01:17:31.700 --> 01:17:40.660 you see another multifamily going in and there's already one under construction and one was 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 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 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 01:18:02.580 --> 01:18:08.940 have to deal with thousands and thousands and thousands of more cars and human beings 01:18:08.940 --> 01:18:10.020 being presented. 01:18:10.020 --> 01:18:13.340 So here are my written remarks. 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 01:18:18.500 --> 01:18:19.860 Road in 2007. 01:18:19.860 --> 01:18:25.220 It was just my neighborhood and the one that includes Atlas and Redstone. 01:18:25.220 --> 01:18:29.700 Our two neighborhoods were the farthest north and to still be inside the city limits of 01:18:29.700 --> 01:18:32.180 Denton, I know that things change. 01:18:32.180 --> 01:18:35.740 I've worked in local and county government for over 20 years. 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 01:18:40.380 --> 01:18:43.780 against change at all. 01:18:43.780 --> 01:18:47.840 When I saw the signs for this development, I immediately had some questions. 01:18:47.840 --> 01:18:51.380 My first question was how are we going to deal with the extra traffic? 01:18:51.380 --> 01:19:00.500 I'm so glad that there were some traffic lights included in this plan. 01:19:00.500 --> 01:19:04.620 We are also concerned about the sidewalks and the bike lanes. 01:19:04.620 --> 01:19:08.580 I know we have bike lanes on the south side of Hercules Lane. 01:19:08.580 --> 01:19:18.020 I'm not sure there's a through bike lane on the north side or not. 01:19:18.020 --> 01:19:24.780 Also, Locust is a concern because it's not very well lit, there's no shoulder. 01:19:24.780 --> 01:19:31.780 The intersection of Hercules and Locust has become more dangerous lately just because 01:19:31.780 --> 01:19:36.020 of the ... Oh, I'm almost out of time. 01:19:36.020 --> 01:19:37.800 My main concern is the grocery store. 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 01:19:44.460 --> 01:19:52.260 that additional commercial to give us a grocery store soon. 01:19:52.260 --> 01:19:54.020 Thank you so much for your time. 01:19:54.020 --> 01:19:56.740 Thank you for being here and sharing your thoughts and comments. 01:19:56.740 --> 01:19:58.740 Appreciate that. 01:19:58.740 --> 01:20:02.940 The next card I have to speak is Gabriella Muntazan. 01:20:02.940 --> 01:20:03.940 Hello. 01:20:03.940 --> 01:20:04.940 Hello. 01:20:04.940 --> 01:20:10.060 Good evening, y'all. 01:20:10.060 --> 01:20:11.060 My name is Gabby Mantacon. 01:20:11.060 --> 01:20:12.060 I'm a Detonative. 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 01:20:16.380 --> 01:20:18.780 proposed development. 01:20:18.780 --> 01:20:22.420 I'd like to bring a few concerns to your attention tonight. 01:20:22.420 --> 01:20:23.940 The development looks beautiful. 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 01:20:28.340 --> 01:20:30.780 have given me cause for concern. 01:20:30.780 --> 01:20:35.860 The first is I want to second the unresolved infrastructure deficiency as outlined in the 01:20:35.860 --> 01:20:37.980 presentations. 01:20:37.980 --> 01:20:43.060 Locust is one lane each way with inconsistent turn lanes, lack of protection on the turns, 01:20:43.060 --> 01:20:44.060 incomplete sidewalks. 01:20:44.060 --> 01:20:45.060 They're on one side of the road. 01:20:45.060 --> 01:20:46.060 Then they're on the other. 01:20:46.060 --> 01:20:49.060 They're not connected. 01:20:49.060 --> 01:20:50.060 Poorly lit. 01:20:50.060 --> 01:20:56.660 That speed limit is a suggestion to most people coming into town. 01:20:56.660 --> 01:21:00.960 I'm concerned about the increased needs the development will place on that thoroughfare. 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 01:21:06.580 --> 01:21:10.740 people coming into the area. 01:21:10.740 --> 01:21:16.660 The proposed development is located in a census tract that has already added 982 housing units 01:21:16.660 --> 01:21:21.540 over the past couple of years in 4.6 square miles. 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 01:21:25.580 --> 01:21:26.580 years. 01:21:26.580 --> 01:21:30.060 My main concern for this development is that residents on the north side of Denton, where 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 01:21:34.860 --> 01:21:36.660 food and vegetables. 01:21:36.660 --> 01:21:40.500 We are a low income and low access to grocery stores. 01:21:40.500 --> 01:21:44.380 The census tract currently has a poverty level double the county average with a significant 01:21:44.380 --> 01:21:47.780 amount of residents more than a mile away from the nearest food store. 01:21:47.780 --> 01:21:51.020 There are actually only five grocery stores north of university, and most of them are 01:21:51.020 --> 01:21:53.620 on university itself. 01:21:53.620 --> 01:21:57.880 From Asbury Methodist Church, the shortest walk to a grocery store is 40 minutes, and 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 01:22:01.980 --> 01:22:08.300 a dangerous walk from the church to Locust with those incomplete sidewalks, the bus stop 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, 01:22:13.780 --> 01:22:16.400 Walmart, anything on university. 01:22:16.400 --> 01:22:19.940 In order to add multifamily housing to our city, we have to support our families with 01:22:19.940 --> 01:22:21.300 wise development. 01:22:21.300 --> 01:22:25.140 The Denton 2040 Comprehensive Plan gives us those mobility outlines that I was happy to 01:22:25.140 --> 01:22:29.940 see addressed, but it also has a community health goal that promotes access to healthy 01:22:29.940 --> 01:22:34.380 foods by evaluating food access with each new development. 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 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 01:22:45.260 --> 01:22:50.260 that the recommended actions would include tax incentives for the development of a grocery 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 01:22:56.180 --> 01:22:58.380 situation like we are on the other side of Sherman. 01:22:58.380 --> 01:23:01.940 I'd really like to see more access to groceries on my side of town. 01:23:01.940 --> 01:23:02.940 Thank you. 01:23:02.940 --> 01:23:03.940 Thank you for being here. 01:23:03.940 --> 01:23:06.660 Any questions for the speaker? 01:23:06.660 --> 01:23:07.660 No? 01:23:07.660 --> 01:23:08.660 Okay. 01:23:08.660 --> 01:23:09.660 Thank you. 01:23:09.660 --> 01:23:14.180 Next card I have is Lauren Upchurch. 01:23:14.180 --> 01:23:17.420 Good evening. 01:23:17.420 --> 01:23:18.420 Hi there. 01:23:18.420 --> 01:23:20.860 I'll just state your name and address, your time will begin. 01:23:20.860 --> 01:23:21.860 Yes. 01:23:21.860 --> 01:23:29.980 I am a resident of the neighborhood directly adjacent to the proposed development. 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 01:23:36.740 --> 01:23:47.300 proposed to be built out as a throughway for the two apartment complexes proposed by Landmark, 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 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 01:24:03.580 --> 01:24:10.460 commercial or office buildings or whatever, I definitely would like, especially me being 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 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 01:24:25.700 --> 01:24:32.100 or what have you. 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 01:24:42.360 --> 01:24:50.820 to wanting the vehicle gate blocking off Atlas Drive. 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 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 01:25:04.180 --> 01:25:12.380 gate and especially including the open access for pedestrians and bicycles, because I do 01:25:12.380 --> 01:25:13.380 have a dog. 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 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 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 01:25:35.100 --> 01:25:41.040 that the apartment dwellers would not want my neighborhood going through there, clogging 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, 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 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 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 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 01:26:20.980 --> 01:26:23.620 so that's all I've got for you, thank you. 01:26:23.620 --> 01:26:25.900 Thank you very much. 01:26:25.900 --> 01:26:33.180 Okay, I don't have, I've got a white card here from Melvin Hasler. 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. 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? 01:26:49.780 --> 01:26:51.380 You don't have to. 01:26:51.380 --> 01:26:53.420 Hello, sir. 01:26:53.420 --> 01:27:11.660 We've had this going in consideration and planning and all details looked at over a 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 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 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, 01:27:39.140 --> 01:27:42.020 you know, the way it's being presented. 01:27:42.020 --> 01:27:43.020 Thank you. 01:27:43.020 --> 01:27:47.100 Thank you for being here. 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 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. 01:27:57.100 --> 01:28:02.380 Is there anyone in the audience wishing to speak who has not yet? 01:28:02.380 --> 01:28:04.460 Okay. 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. 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, 01:28:19.340 --> 01:28:20.340 if that's okay. 01:28:20.340 --> 01:28:22.940 Karina, this one might be for you. 01:28:22.940 --> 01:28:26.660 It has to do with Condition 9. 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 01:28:32.140 --> 01:28:55.300 you can share with me and everyone what that means. 01:28:55.300 --> 01:28:59.060 Karina Maldonado, Transportation Planner with Development Services. 01:28:59.060 --> 01:29:02.180 So I have to read the condition because I'm not familiar with the language. 01:29:02.180 --> 01:29:05.820 I know we had discussions internally, so just give me one second. 01:29:05.820 --> 01:29:07.700 It's really just the beginning of that comment. 01:29:07.700 --> 01:29:08.700 I'm sorry? 01:29:08.700 --> 01:29:13.100 It's really just the beginning of that condition where it says subject to TXDOT approval. 01:29:13.100 --> 01:29:16.260 I wonder if you could enlighten us on that. 01:29:16.260 --> 01:29:17.260 Yes. 01:29:17.260 --> 01:29:24.420 So this project is located adjacent to TXDOT facilities, so Locust Street is a TXDOT roadway. 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 01:29:30.180 --> 01:29:32.260 a TXDOT permit. 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 01:29:37.700 --> 01:29:39.820 approved by TXDOT. 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 01:29:45.020 --> 01:29:49.180 go through that additional review process and application. 01:29:49.180 --> 01:29:54.420 So if TXDOT comes back and has additional comments, this condition is to allow some 01:29:54.420 --> 01:29:59.900 flexibility to where they're still providing the traffic signal, but they can make adjustments 01:29:59.900 --> 01:30:01.780 as required by TXDOT. 01:30:01.780 --> 01:30:02.860 And we can still input. 01:30:02.860 --> 01:30:09.020 I think it's super important that this is put in before any certificates of occupancy. 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. 01:30:13.660 --> 01:30:19.540 It's really TXDOT who's going to kind of hold the card in that. 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, 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 01:30:28.420 --> 01:30:33.060 associated with the installation of the traffic signal, and I believe the traffic impact analysis 01:30:33.060 --> 01:30:38.260 that was submitted supports the signal warranting TXDOT. 01:30:38.260 --> 01:30:39.260 That is correct. 01:30:39.260 --> 01:30:44.260 The traffic warrant analysis was done to determine that it would meet TXDOT's warrants. 01:30:44.260 --> 01:30:45.820 Before people are in it? 01:30:45.820 --> 01:30:46.820 Yeah. 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 01:30:52.180 --> 01:30:53.540 before that move forward. 01:30:53.540 --> 01:30:54.540 Right. 01:30:54.540 --> 01:30:57.700 But as the analysis was done, it was done. 01:30:57.700 --> 01:30:58.700 Okay. 01:30:58.700 --> 01:30:59.700 Yes. 01:30:59.700 --> 01:31:00.700 And it meets approval without- 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 01:31:03.260 --> 01:31:05.020 the development to occur. 01:31:05.020 --> 01:31:06.300 That is what I needed answered. 01:31:06.300 --> 01:31:07.300 Thank you very much. 01:31:07.300 --> 01:31:09.300 Okay. 01:31:09.300 --> 01:31:10.300 Let's see. 01:31:10.300 --> 01:31:11.660 Okay. 01:31:11.660 --> 01:31:13.660 I think that answers my questions. 01:31:13.660 --> 01:31:14.660 Commissioner Pritz. 01:31:14.660 --> 01:31:15.660 Thank you, Chair. 01:31:15.660 --> 01:31:21.860 I think this may be for Karina first. 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 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 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 01:31:37.700 --> 01:31:41.140 the bike lanes on either side just kind of stop. 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 01:31:46.520 --> 01:31:48.860 future one that we're developing? 01:31:48.860 --> 01:31:50.180 It's not currently on the CIP. 01:31:50.180 --> 01:31:53.180 I mean, there's a CIP plan for repaving. 01:31:53.180 --> 01:31:54.700 I believe it's planned. 01:31:54.700 --> 01:31:56.420 I'll have to go back and double check. 01:31:56.420 --> 01:31:59.220 I just had it open, but it escapes me. 01:31:59.220 --> 01:32:03.780 But there is a future side path identified for that portion of Hercules, so there will 01:32:03.780 --> 01:32:08.660 be an extension of bike facilities through that area. 01:32:08.660 --> 01:32:09.660 Okay. 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 01:32:15.300 --> 01:32:16.980 and that sort of thing? 01:32:16.980 --> 01:32:17.980 Yeah. 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 01:32:22.700 --> 01:32:27.020 for development, they would be subject to right-of-way dedication and roadway improvements. 01:32:27.020 --> 01:32:28.020 Sure. 01:32:28.020 --> 01:32:34.500 I guess my question is, it sounds like right now Hercules, that section of Hercules is 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. 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 01:32:47.940 --> 01:32:48.940 that segment. 01:32:48.940 --> 01:32:49.940 Is that correct? 01:32:49.940 --> 01:32:50.940 Yes. 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. 01:32:54.940 --> 01:32:59.060 I had it open, but in a general sense, yes, it would be included. 01:32:59.060 --> 01:33:00.060 It's not important to verify. 01:33:00.060 --> 01:33:04.440 I think it's more important to make sure it gets on there in the future. 01:33:04.440 --> 01:33:06.660 And then maybe one question for Sean. 01:33:06.660 --> 01:33:11.180 Thank you. 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 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 01:33:29.060 --> 01:33:36.300 that would speak to how those parcels would develop as they face or backside entry to 01:33:36.300 --> 01:33:43.460 the multifamily front doors that are so nicely lining that public street there on the north 01:33:43.460 --> 01:33:44.460 side? 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 01:33:50.420 --> 01:33:51.420 the street. 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 01:33:56.940 --> 01:34:01.140 that as each site develops, as planners working through the development review process, we 01:34:01.140 --> 01:34:07.620 can work with those applicants to determine what makes the most sense for that area. 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 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 01:34:20.220 --> 01:34:22.180 at, there is mitigation there. 01:34:22.180 --> 01:34:23.180 Okay. 01:34:23.180 --> 01:34:24.180 Thank you. 01:34:24.180 --> 01:34:25.180 Thanks, Sean. 01:34:25.180 --> 01:34:30.020 Any other questions at this moment at staff? 01:34:30.020 --> 01:34:31.020 Okay. 01:34:31.020 --> 01:34:34.020 I will move to Commissioner Smith and his motion. 01:34:34.020 --> 01:34:35.020 Thank you, Chair. 01:34:35.020 --> 01:34:38.260 Make a motion to approve the staff conditions. 01:34:38.260 --> 01:34:39.260 Commissioner Anderson? 01:34:39.260 --> 01:34:40.260 I second. 01:34:40.260 --> 01:34:46.860 We have a first and a second for approval as presented by staff. 01:34:46.860 --> 01:34:49.860 Any discussion? 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. 01:34:55.980 --> 01:34:57.180 I know that was a lot of work for staff. 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 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 01:35:05.300 --> 01:35:06.700 collaboration. 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, 01:35:12.660 --> 01:35:18.460 so I hope you continue all that collaboration and outreach to the community as you move 01:35:18.460 --> 01:35:20.420 forward in the development. 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 01:35:25.100 --> 01:35:26.700 and best use of this piece of this land. 01:35:26.700 --> 01:35:28.180 It works as a nice transition. 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 01:35:31.980 --> 01:35:38.180 as we move to the west and for future commercial uses. 01:35:38.180 --> 01:35:41.960 I hear the frustration about the area with regard to traffic. 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 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 01:35:55.860 --> 01:35:57.780 get these improved one of these days. 01:35:57.780 --> 01:36:00.580 I know it. 01:36:00.580 --> 01:36:04.940 Thanks all of you for coming to speak and share your ideas. 01:36:04.940 --> 01:36:06.420 Love the incentive idea. 01:36:06.420 --> 01:36:07.780 Take that to city council. 01:36:07.780 --> 01:36:13.140 I would encourage you to, they have an open mic at every meeting. 01:36:13.140 --> 01:36:15.100 You can sign up to speak. 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 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 01:36:25.260 --> 01:36:28.060 started on is at city council, so I would absolutely encourage you. 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. 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. 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 01:36:53.300 --> 01:37:11.460 project matrix, so I will turn that to Tina. 01:37:11.460 --> 01:37:12.460 Okay. 01:37:12.460 --> 01:37:13.460 Several things to report this evening. 01:37:13.460 --> 01:37:21.020 So with respect to the matrix, so we added to the matrix, Commissioner Smith or Vice 01:37:21.020 --> 01:37:24.620 Chairman Smith, your request regarding additional detail regarding the results of traffic impact 01:37:24.620 --> 01:37:29.260 analysis on future projects, so hopefully you found that beneficial this evening with 01:37:29.260 --> 01:37:33.140 the level of detail that we included for the agenda item this evening, particularly this 01:37:33.140 --> 01:37:35.040 most recent one. 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 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 01:37:44.380 --> 01:37:48.820 work session date to help address some of that, but otherwise there's no other changes 01:37:48.820 --> 01:37:52.700 that have been made to the matrix unless there's anything that the commission's interested 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, 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, 01:38:03.180 --> 01:38:04.180 so I'll defer. 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 01:38:07.100 --> 01:38:08.100 to go through everything else? 01:38:08.100 --> 01:38:12.020 Yeah, go ahead and do that rundown like you usually do, that'd be great. 01:38:12.020 --> 01:38:13.020 Okay, perfect. 01:38:13.020 --> 01:38:17.420 So back on October 18th with city council, we had several items on the agenda. 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 01:38:23.100 --> 01:38:26.180 the Planning and Zoning Commission doesn't necessarily see the annexation portions of 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 01:38:30.100 --> 01:38:31.100 that. 01:38:31.100 --> 01:38:34.940 So we had three items related to an annexation. 01:38:34.940 --> 01:38:37.460 One was with respect to a municipal services agreement. 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. 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 01:38:48.940 --> 01:38:54.740 on the north side of Barthol Road, approximately 1,300 feet west of Interstate I-35. 01:38:54.740 --> 01:38:58.700 So that property is currently going through annexation, and once they're completed with 01:38:58.700 --> 01:39:02.300 that, then the applicant presumably will come through with a follow-up zoning case related 01:39:02.300 --> 01:39:03.900 to that. 01:39:03.900 --> 01:39:07.980 We also had on the agenda that evening, the specific use permit for the equipment sales 01:39:07.980 --> 01:39:09.020 and rental use. 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, 01:39:13.700 --> 01:39:17.540 this was the U-Haul project that the commission has considered. 01:39:17.540 --> 01:39:19.620 The City Council did approve that. 01:39:19.620 --> 01:39:23.820 Also, let's see, that's annexation. 01:39:23.820 --> 01:39:30.780 We also had an item with respect to change in zoning and use classification from suburban 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 01:39:37.660 --> 01:39:39.980 zoned R3 and changed into mixed use. 01:39:39.980 --> 01:39:44.260 So this was the property that was predominantly on the north side of 380 between Nottingham 01:39:44.260 --> 01:39:45.940 Drive and Old North Road. 01:39:45.940 --> 01:39:51.620 If you recall, this rezoning request was to rezone it to MN, basically to help assist 01:39:51.620 --> 01:39:54.820 with providing the access for the multifamily development. 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, 01:40:00.300 --> 01:40:02.700 if you will, of MN zoning. 01:40:02.700 --> 01:40:06.900 The applicant was proposing to develop a multifamily development, which is allowed by Ryden MN, 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 01:40:10.660 --> 01:40:14.180 portion in order to be able to obtain their access. 01:40:14.180 --> 01:40:17.740 And then also, they were adding some additional multifamily units to the front. 01:40:17.740 --> 01:40:22.980 That was actually postponed indefinitely, and the direction to the applicant from council 01:40:22.980 --> 01:40:27.660 was that they work on coming forth, if they're still interested in developing the property, 01:40:27.660 --> 01:40:31.420 with the planned development district, because given so much of the discussion was regarding 01:40:31.420 --> 01:40:36.340 the use of the property as multifamily and how that may be developed, and then addressing 01:40:36.340 --> 01:40:38.700 some of the resident concerns that have been expressed. 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 01:40:42.540 --> 01:40:47.300 a planned development district request, but again, that current zoning case was postponed 01:40:47.300 --> 01:40:51.260 indefinitely by council. 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, 01:40:57.900 --> 01:41:04.500 some residential R4 and mixed use neighborhood district to R6 that was on approximately 84 01:41:04.500 --> 01:41:08.380 acres of land, located on the south side of East McKinney Street, at the intersection 01:41:08.380 --> 01:41:10.580 McKinney and Laney Circle. 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 01:41:15.060 --> 01:41:19.260 the Planning and Zoning Commission, I believe, unanimously recommend approval of that, but 01:41:19.260 --> 01:41:21.380 council did approve that item 7-0. 01:41:21.380 --> 01:41:25.460 There was quite a bit of discussion regarding just the overall access challenges within that 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 01:41:32.980 --> 01:41:35.780 given the limited access in the two lane roads within the area. 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 01:41:40.100 --> 01:41:44.220 platform development, then we'll be working with the applicant to have them submit the 01:41:44.220 --> 01:41:47.940 appropriate traffic impact analysis and working through all of the access consideration issues, 01:41:47.940 --> 01:41:53.180 just, you know, similar like the zoning case you had this evening, just north of Dutchess 01:41:53.180 --> 01:41:54.540 Drive. 01:41:54.540 --> 01:41:58.940 Then we also had a couple of amendments to the debt and development code. 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, 01:42:04.780 --> 01:42:08.940 if you recall, this was some amendments that worked its way through the development code 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 01:42:12.100 --> 01:42:13.100 and Zoning Commission. 01:42:13.100 --> 01:42:17.220 So city council did approve those changes to the debt and development code, and I believe 01:42:17.220 --> 01:42:20.900 those actually go into effect on November 1st, if I'm researching correctly. 01:42:20.900 --> 01:42:25.580 And then we also had amendments proposed to our planned development district procedures 01:42:25.580 --> 01:42:30.540 within the DDC, and those were also approved by city council as well. 01:42:30.540 --> 01:42:34.240 So again, I believe that goes into effect on November 1st. 01:42:34.240 --> 01:42:38.460 So applicants will have the opportunity if they decide to pursue a plan development district, 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 01:42:41.980 --> 01:42:43.560 versus the standard. 01:42:43.560 --> 01:42:46.460 So that was all the activity from October 18th. 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 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 01:42:55.100 --> 01:42:58.640 had given a presentation back to the Planning and Zoning Commission probably earlier this 01:42:58.640 --> 01:43:04.460 summer about a municipal utility district policy that staff has been working on. 01:43:04.460 --> 01:43:08.780 And so the city council did approve that policy. 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, 01:43:13.180 --> 01:43:16.540 the goals and objectives associated with that policy, and I shared that with the Planning 01:43:16.540 --> 01:43:19.260 and Zoning Commission shortly thereafter. 01:43:19.260 --> 01:43:23.260 And then we had another discussion with council where we presented the draft policy to them 01:43:23.260 --> 01:43:28.260 in September, and they were very pleased with what we had included within that and directed 01:43:28.260 --> 01:43:29.760 us to bring that back for adoption. 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 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 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 01:43:43.700 --> 01:43:45.020 be interested in. 01:43:45.020 --> 01:43:49.100 As you're well aware, if we have municipal utility districts that do develop within our 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 01:43:54.980 --> 01:43:55.980 developments. 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 01:43:59.500 --> 01:44:03.340 at the table and negotiate development agreements with developers of those particular types 01:44:03.340 --> 01:44:04.340 of developments. 01:44:04.340 --> 01:44:08.820 They're typically residential in nature, however they can have some commercial uses associated 01:44:08.820 --> 01:44:09.820 with them. 01:44:09.820 --> 01:44:13.480 But we now have a new policy in place that we believe better addresses the conditions 01:44:13.480 --> 01:44:18.780 within our ETJ and in our development goals for just development within our ETJ. 01:44:18.780 --> 01:44:23.780 Basically we want to enter into a development agreement so that they are developing those 01:44:23.780 --> 01:44:27.820 particular or constructing those developments in accordance with our design standards as 01:44:27.820 --> 01:44:29.460 provided for in the DDC. 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 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 01:44:37.580 --> 01:44:38.620 session format. 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 01:44:43.700 --> 01:44:46.860 report to the commission this evening, so happy to answer any questions you may have 01:44:46.860 --> 01:44:49.180 and receive any additional direction. 01:44:49.180 --> 01:44:52.700 Questions for Tina or adding anything to the matrix? 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 01:44:56.460 --> 01:45:01.340 more procedural going forward. 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 01:45:08.100 --> 01:45:12.420 day where we had to put all these conditions on a zoning case. 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 01:45:18.220 --> 01:45:26.740 in the presentation what those overlay conditions were and how the new request, if staff is 01:45:26.740 --> 01:45:35.460 approving, recommending approval for the request, how those are met because, or maybe how changes 01:45:35.460 --> 01:45:40.260 in our code address them, but somehow so that they're addressed because they were there, 01:45:40.260 --> 01:45:47.180 that was always good intense discussion by PNZ and council with putting these conditions 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 01:45:52.500 --> 01:45:54.260 this one did. 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 01:45:59.340 --> 01:46:04.140 being considered because they were considered very much in detail at those meetings. 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 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 01:46:16.540 --> 01:46:21.700 place I think staff needs to consider how a new request weighs out with those. 01:46:21.700 --> 01:46:22.700 Absolutely. 01:46:22.700 --> 01:46:23.700 We can do that. 01:46:23.700 --> 01:46:25.260 Thank you. 01:46:25.260 --> 01:46:27.540 Anything else? 01:46:27.540 --> 01:46:31.420 We'll move to concluding items. 01:46:31.420 --> 01:46:32.420 Commissioner Villarreal. 01:46:32.420 --> 01:46:38.200 I just want to remind everyone that early voting is open. 01:46:38.200 --> 01:46:42.420 You can vote tomorrow until next Friday, November 4th, any location in Denton County and nearest 01:46:42.420 --> 01:46:45.940 one will be Denton Civic Center right across the way. 01:46:45.940 --> 01:46:46.940 Excellent. 01:46:46.940 --> 01:46:49.140 Thank you. 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. 01:46:52.700 --> 01:46:55.760 So if you're going, be safe, have a great time. 01:46:55.760 --> 01:46:57.140 Happy Halloween. 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. 01:47:02.420 --> 01:47:07.400 [ Silence ]