Jan 25, 2023 Planning and Zoning Commission on 2023-01-25 5:30 PM (AMENDED on 1-20-2023)

Good afternoon, and welcome to the City of Denton's Planning and Zoning Commission meeting for Wednesday, January 25th, 2023. This is our work session, and with the quorum present, I will call us to order at 5.30 p.m. Please let the record show that Commissioner Villarreal is absent at this time. First item on our work session is citizen comment on consent agenda items. Is there anyone here wishing to speak on consent agenda? Seeing none, I will move us to the next item which is the clarification of our agenda. So first on our agenda are the minutes for January 11th. Is there any questions or discussion on that? Then that moves us to the consent agenda. I am going to ask Julie to come up. Very late today, we had a slight revision in one of our plats on the consent agenda. I'm not sure if everyone saw it, so I asked Julie to pull it up in the work session. Hi, Julie. Good evening. Julie Wyatt, Senior Planner. This is hot off of the presses. This is related to the Agave Ranch Plat. There was an error to the tree preservation note in that it left off the block. It had the lot numbers, but it left off the block references, and so the applicant made that correction and sent that over. It was sent over to you at about, I don't know, really late. So I'll be happy to answer any questions. Anybody have any questions for Julie? Okay. Thank you for clearing that up. Is there any questions on our other item, our other final plat on consent? No? Okay. That moves us to items for individual consideration. 4A, if you did not see the email, has been withdrawn, so we won't take any action on that item. Then there is 4B will be next. Angie, if you want to give us a quick update on that. Yes. Good evening, everyone. Angie Manglars, Senior Planner. I will share my screen. This is, sorry, 4B, is that, I think I may have, is that Parkside, or is that Kings Row? Kings Row. Kings Row. Okay. I apologize. I'm a little flustered this morning. Afternoon. So this is a preliminary plat for the Kings Row edition. The site is generally located south of Kings Row Road and east of Loop 288. The proposed preliminary plat is to create a single-family residential subdivision. It consists of approximately 503 single-family lots with two commercial lots along Loop 288. At this time, the preliminary plat does not meet our criteria for approval, so staff is recommending denial. However, staff has no objection to the requested extension date that could be granted to a date certain of February 15th. I'm happy to answer any questions you may have. Great. Thank you. Any questions for Angie? Okay. I don't see anything, but you're up for the next one. 4C is Parkside. Yes. Thank you. Angie Manglars, Senior Planner. This is a final plat for the Parkside edition. This is a single-family residential development. It is zoned plan development. It is located north of Hickory Creek Road and is approximately 1,500 feet west of Waterside Place in the city of Denton. At this time, the final plat does not meet all of our criteria for approval, so staff is recommending denial. However, there's no objection to the requested extension that could be granted to a date certain of February 15th. Great. Thank you. Questions? No. Thank you very much. That will bring us to 4D, ZCP-220046. I'll have Mia give us the highlights of that. Good evening. Mia Hines, Associate Planner. Just a quick summary of this zoning compliance plan. If you recall, Razor Ranch zoning compliance plans in the south district do require approval by the Planning and Zoning Commission. That is why this is coming before you this evening. This particular site plan is for a restaurant with a drive-through facility located just east of I-35, approximately 800 feet south of West University. And staff is recommending approval as it does meet all of the criteria and requirements of the Razor Ranch Overlay District. At this time, I'll take any questions that you may have. Great. Questions? Okay. Thanks, Mia. Thank you. Appreciate it. We've got one public hearing item that's 5A, PDA-22006A. That's the public hearing we opened last week and postponed until this meeting. Julie will let us know what's happening. All right. Good evening, Julie Wyatt, Senior Planner. Just a quick summary of the request. This is for an amendment to PD-12. It's one of our older PDs. It predates the 2002 Denton Development Code. The subject property is located adjacent to I-35, north of Post Oak. And this is kind of a unique property and development, in that it spans the city of Denton and then into Corinth. So it splits that jurisdictional boundary. That request is to expand an existing newer used car sales or auto repair. That's what we called that use when this PD was adopted. It's not introducing any additional uses, it really is just an expansion. So just briefly, the existing development is this yellow on your screen. There's also an existing small building in the center of the lot. They're proposing to add that purplish blue area to the subject property. As you can see, one of the buildings spans that jurisdictional boundary between the city of Denton and the city of Corinth. It's actually gone to the city of Corinth's P and Z this week, and that was recommended for approval. So this is the second step in this process. It's going to kind of follow that staggered process with the two cities. The subject property is located in a regional mixed use future land use designation per the Denton 2040 Comprehensive Plan, and it is consistent with that future land use map. It's also consistent with that criteria for approval. So we do recommend approval of the request. The applicant is here, and I'll be happy to answer any questions. Thanks, Julie. Any questions at this time? You answered one of them, which was Corinth here. Yeah, that was my question. Yes. I did have a question about the new dumpster that's, I guess, being built. Is that an enclosure, I assume? It is. Yes. It's actually moving from about this location right here to a new dumpster enclosure right here. Okay, and that was my question, is where is it moving from, okay, since we have all the homes back there, but that actually seems like a better location than what was there before. That was my question. Anybody else? Okay. Thank you. Thank you very much. Okay, and with that, that is the end of our agenda, which would be the end of our work session. So I'll adjourn us at 538. We will meet right back here at 630. Thank you. Good evening, and welcome to the City of Denton's Planning and Zoning Commission meeting for Wednesday, January 25th, 2023 with a quorum present. I will call us to order at 630 p.m. Let the record show that Commissioner Villarreal is absent from tonight's meeting. First item on our agenda is Pledge of Allegiance to the U.S. and Texas Flag. Stand if you are able and join us. I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Under the Texas flag, I pledge allegiance to thee, Texas, one state, under God, one and indivisible. Thank you. Next item on our agenda is the approval for the Planning and Zoning Commission meeting minutes for January 11th. Commissioner Smith. Make a motion to approve. Commissioner Cole. Second. We've got a first and a second for approval and e-discussion. Let's vote on the board, please. That motion carries 6-0. That will move us to our consent agenda. Commissioner Smith. Make a motion to approve item 3B and to pull 3A to a separate individual consideration item. Commissioner Cole. Second. Okay. We've got a first and a second to approve the consent agenda, removing 3A and moving that to an individual consideration item. Any discussion? Okay. Let's vote on the board, please. That motion carries 6-0. That will move us to our items for individual consideration. Our item 4A has been withdrawn, so we will not be taking action on that. So I will now move our consent agenda item to fall in line there, and that is FP220001C. Hello, Julie. Good evening. I'm Julie Wyatt, senior planner with the City of Denton, and I'm presenting FP220001C. This is the Agave Ranch final plat for the first phase of the development. They have met all of our criteria for approval for a final plat, so staff is recommending approval. I did want to mention one thing. There was an error to the tree preservation note that's required on all final plots in that it was, it left off the block reference for those lots where those protected trees were located. And so you were emailed a revised version of that plat and just showing here that tree preservation note, that change, and I'll be happy to answer any questions. Thanks, Julie. Any questions for Julie? Okay. I don't see any. Thank you. Thank you very much. I do have a card wishing to speak on this item, so I will invite Anne Woodbridge down. Hello, Anne. Thank you all for your time and for your service. I think you'll say your name and address. Your time will begin. Sure. Thanks. So the most disappointing thing about this project is the zoning switch that happened and changed the intent of the planning and zoning and the City Council's approvals in the summer of 2019. The neighborhood and all parties appeared to compromise in reaching a deal all said they could live with. This couldn't be further from what happened. To quote the presenting city staff, it was supposed to be a project of low density transition to the surrounding rural neighborhoods. But the reality is this project will be a clone of every small house, small lot development now devouring the Texas landscape, not a low density transition. I have a side note, as we all know about Texas foundations, trees are a problem and the houses on these tight lots will never enjoy the softening quality trees provide over the years to new neighborhoods. Within 15 to 20 years, most trees planted today there will be lifting foundations and sidewalks and fouling the plumbing. Something to consider. The larger picture here is with the approval of this project tonight, the entire surrounding area is further at risk for future dense development, as those rural undeveloped areas will now be considered contiguous for zoning purposes. I know I'm not going to change anyone's mind or the vote, but I felt I needed to say this. Thank you. I appreciate that, Ms. Woodbridge, for speaking your concerns. What we are voting on tonight, though, is not the development. What this is is the final plat of that. Julie, I will let you come up to the podium if you don't mind just to explain that with the overlay, with the conditions that City Council did approve for this project, they are addressed on this plat. Is that correct? That is correct. The overlay conditions were really related to open space and screening at FM428. This final plat and then for this phase and then the subsequent phases does address that open space, the minimum, I believe there are 15 open space areas within the development. It also provides that space for the screening at FM428, so it does comply with that overlay. Okay. And this is phase one that we're looking at here and then it's three phases, isn't it? Correct. Yes. There are some additional final plots you'll see in the upcoming months. Okay. Okay. Thank you. I appreciate that. I do have two other cards not wishing to speak, but let me know if you change your mind. I have Ned Woodbridge in opposition and Brigitte Marshall as well. Did either of you want to speak at the podium? Yeah, come on down. Ned Woodbridge, 3596 Hartley Field Road, Denton. We feel it was not consistent with what was approved by the City Council and I think Ann addressed that in terms of the zoning. When you look at what was approved and I sent forward, I sent an email to you all earlier today that showed that the density is very different now than what was approved with the R2 and R3 which was the, this is called compromise that Ann spoke to a minute ago. So I do think it's quite different than what was approved by the City Council back on June 19th, I believe it was, 2019. In addition, just something that's always troubled me a bit is that one of the key things that we talked about for this particular plat was having both walking trail and bike access along FM 428 and this, that is, while it's there now, there was not, they did not provide enough room in that such that when the inevitable widening that's currently under planning by TextDOT of FM 428 occurs, that will be gone, that will no longer exist. And so that, I must say, bothers me as well and does a lot, it does away with a lot of the vision that we had for that area and what we had argued strenuously for. Anyway, with that, that's what I wanted to just comment on. Thank you. Thank you. Thank you. Julie, can I invite you back? Can you address that at all with regard to the trail and the right-of-way? I mean, I assume the right-of-way has had to be... Yes. So they, as part of the final plat, they are dedicating right-of-way necessary for the current condition or for the current plans of FM 428. I think, and Tina may want to weigh in here, I'm not sure, TextDOT has any final plans for FM 428, so I'm not certain where that will go in the future, but as to how it's developing now, they will have that trail and that landscape buffer adjacent to FM 428. And that is correct. This is 428 right now is in its infancy stages where TextDOT is concerned, and also in terms of its ultimate configuration and any schematics that have been put forth, nothing to that nature has been designed yet. So if you look at our mobility plan, our mobility plan even reflects it as a freeway status, but even TextDOT has since informed us post-adoption of the mobility plan that it will now just continue to be a primary arterial roadway. So we don't know anything more, I wish we did, but right now with their planning horizon for that roadway, they do not have any schematics prepared at this time. Okay. Thank you. Thanks, Julie. Sure. We have another card brought up to me, so I'll invite Amy Bissett down to speak on this item. Hello. Good evening. Amy Bissett, 109 North Elm, Denton, 76201. I represented this zoning case in 2019, and so I thought it might be a little bit helpful to just provide some of the history of how the zoning was approved and the consistency with the final plat today. It was approved under the old 2002 development code, which was R2 and R3, and then the overlay conditions were related primarily to open space and amenities. R2 and R3, or I'm sorry, NR2 and NR3 from that old code had dimensional standards that did not apply to developments that were over a certain number of acres. And so the zoning case at the time, we yielded 252 lots with the combination of NR2 and NR3, and that is exactly what will be shown through final platting of the three phases. This is 91 lots. I believe they are all in the NR3 section. There may be a few in NR2 zoning. This looks extremely consistent with what we presented in 2019, and we have always intended to plat this same number of lots and to comply with the zoning dimensional standards of NR2 and NR3 from that 2002 code. To speak a little more to the buffer along 428, I believe the overlay condition was a 30-foot landscape buffer amenitized, and we actually have 65 feet between the existing right-of-way for 428 and the property line anticipating right-of-way taking from 428, as well as there's a number of easements in there. So there's 65 feet today, and the 30-foot buffer is closest to the property line and farthest from the existing 428 today. And so I just wanted to try to clarify a couple of those things because a lot has changed in the almost four years since the zoning was approved, but the plans that were shown at that zoning case have not changed in terms of the number of lots or the general dimensions of the lots. So thank you. Appreciate you coming to speak. Thank you very much. I don't have any other cards on this individual consideration item. Is there anyone else wishing to speak on this? Okay. Chair can entertain questions, discussion, motion. Commissioner Smith? Make a motion to approve. Commissioner Cole? Second. Okay. We've got a first and a second for approval. And again, you know, it's not a revisit of the development or the rezoning case. And I know there's confusion with the way the development codes did change and the way that we have this termed now, at once it was considered -- it was called an overlay any time we rezoned something that had conditions. With the new development code, overlay does not exist. So all those transitioned into PD and then whatever their zone base is. So if you see that, it's not to get confused that, oh, suddenly this has changed into a different development. It's just literally changed names and nothing more. So all those conditions that were once called overlays are still part of all of this. And the way that staff reviews all of these plats, all of that is considered and must be satisfied before anything could go forward on any kind of approval. So with that, is there any discussion or questions from the commission? Okay. Okay, vote on the board, please. That motion will carry 6-0. Thank you to those of you who came out to speak your concerns and for your emails. That will move us to our next item for individual consideration. That's 4B, PP220032. I'll invite Angie up for this item. Hi everyone. Good evening. Angie Manglaris, Senior Planner. I will share my slides here. This is a preliminary plat for the Kings Row addition. It is approximately 194 acres located to the east of Loop 288 and south of Kings Row Road. The purpose of this preliminary plat is to start to establish the lots for a single-family residential subdivision. It's approximately 503 single-family lots with two commercial lots along Loop 288. At this time, the preliminary plat does not meet all of our requirements for approval, so staff is recommending denial. However, there's no objection to the requested extension date that could be granted to a date certain of February 15th. Happy to answer any questions you all may have. Thanks, Angie. Any questions for Angie? Thank you. Commissioner Smith. Make a motion to approve an extension to date certain of February 15th, 2023. Commissioner Pruitt. Second. We've got a first and a second to grant the extension request to a date certain of February 15th, 2023. Any discussion? Seeing none, let's vote on the board, please. That motion carries 6-0. That will move us to 4CFP 220034, and Angie, you're on again. Thank you, Angie Maglaris, Senior Planner Development Services. This is a final plat for the Parkside edition. It is an approximately 57-acre site located to the north of Hickory Creek Road and west of Waterside Place. The purpose of the final plat is to create and establish 156 lots for single-family residential development. At this time, the final plat does not meet all of our criteria for approval, so staff is recommending denial. However, we have no objections to the requested extension that could be granted to a date certain of February 15th. I'm happy to answer any questions you all may have. Thank you, Angie. I do not see any questions, appreciate it. Commissioner Smith. I second the motion to approve an extension of date certain of February 15th, 2023. Commissioner Anderson. I second. Okay, we've got a first and a second to approve the extension request to a date certain of February 15th, 2023. Any discussion? Let's vote on the board, please. That motion carries 6-0. That will move us to 4-D, ZCP-220046. I will invite Mia up for presentation. Good evening. Good evening. Chair, members of the commission, Mia Hines, Associate Planner. This item, Zoning Compliance Plan 22-0046 is for a restaurant with a drive-through facility located in Razor Ranch South Campus. On your task for this evening is to consider approval of the site plan for the restaurant with a drive-through facility. The site is approximately 2.12 acres located within the larger lot 10-3, I'm sorry, 10-R-3 block A, the Razor Ranch town center. It's located just east of I-35, approximately 800 feet south of West University Drive. So there you have outlined in yellow the larger lot 10-R-3 that I was referring, and then the development impact area just for this specific site is there with the yellow field. So for the zoning, the base zoning for this site, or the site is located within the Razor Ranch Overlay District. The base zoning within the Razor Ranch Overlay District is RCCD and with a concept zoning for our R2 district sub-area. And the restaurant with a drive-through facility is a permitted use within this sub-area per the Razor Ranch Overlay standards. Specifically, we look at ordinance 2016-017 for this site. And we're looking at the Exhibits C-1 and Exhibits D-1 for the architectural and landscape requirements respectively. As a part of the site plan review and per the RRO ordinance, we are looking at the site plan, landscape plans, and the four-sided building elevations proposed with this development. So just to give you a refresher, the criteria for approval is found in the 2002 Denton Development Code. These are ranches subject to, specifically, section 35.7.15.2(k). And what we're making sure here is that the site plan substantially complies with the concept plan approved within the RROD. The site plan provides for a compatible arrangement of buildings and land uses. The site plan provides for the adequate and safe circulation of vehicular traffic, and the plan fully complies with other sections of this overlay district. So here, and included in your packet, is the site plan that they are proposing for this site. The building itself is approximately 7,700 square feet. The applicant or the tenant is proposing 99 parking spaces, which exceeds the minimum 44 parking spaces for this site. They do have indoor and outdoor dining as a part of this, and they have two driveway access points from a private street, and I'm supposed to say that, sorry, that connects University Drive to Panhandle Street. So if you see there, the north in this image is oriented to the left of the screen, and the drive that they're pulling their access from runs north to south from University Drive all the way to Panhandle Street. It is an internal driveway in Razor Ranch. As far as landscaping, they are exceeding the minimums for the overall site. Specifically, we require a minimum 10% landscape area and a minimum 25% tree canopy coverage for this site. They are proposing 22% and 26% landscape area and tree canopy coverage, respectively. Here are the proposed elevations. We, again, assessed this to make sure that it was meeting the architectural requirements of the Razor Ranch Overlay District, and with that, staff is recommending approval of the request as it does meet all of the established criteria for the Razor Ranch Overlay District. This time, I'll take any questions that you have. Thank you, Mia. Any questions? So just real quick, so you said it's all internal access to the site, correct? Yes, ma'am. Excellent, 'cause that corner's a nightmare. And I suppose we have no updates as far as the roadway there, right, on that corner of I-35 and University? The road... Text out anything with regard. Oh, like a frontage road? Yeah. Not that I'm aware of. Yeah, I'm not aware of anything at this time. Okay. Very good. I do have a card. Thank you, Mia. I'll take any questions. I do have a card wishing to speak on this item, so I will invite Amanda and Preston down, and... Hello. Hi. You'll state your name and address. Your time will begin. Thank you. Amanda Sherane, 805 Via Altos, Mesquite, Texas, 75150. I am representing HD Group. We are the property development consultant for Portillo's Hot Dogs. I just wanted to introduce myself, say thank you for taking time to listen to us, and I'm going to... If you have any questions, I'm here to answer them. With that, I'm going to turn it over to Preston Funkhouser. He is the VP of Construction and Facilities for Portillo's. Great. Thank you, Mia. Good evening. Hi. I'm Preston Funkhouser, 182 Madeira's Drive, Old Hickory, Tennessee, 37138. Just wanted to say thank you. It's been a pleasure working with the staff of the city of Denton, Texas to get to this point. As you all know probably, we opened our first Portillo's in the great state of Texas. Our grand opening was last Wednesday in the colony at the Grand Scape development. You've seen the traffic. You know what that looks like. By the time we open in Denton, this will be our fourth Portillo's in Texas. We'll have covered at that point three of the four corners of Dallas. I just really wanted to be available for questions in case you had any. Thank you so much. Awesome. Thank you for being here. Welcome to Denton. When do you foresee opening? We should open Denton, Texas in Q4 of this calendar year. Okay. Very good. Any questions? Thank you for introducing yourselves and sharing. Appreciate it. Commissioner Anderson. Make a motion to approve. Commissioner McDade. A second. Okay. We've got a first and a second for approval. Any discussion? Okay. Let's go ahead and vote on the board, please. That motion carries 6-0. That will move us to our public hearing item for this evening, and that is 5A, PDA 220006A. I'll invite Julie Wyatt up for presentation. This public hearing was opened at our last meeting and is continued through to today's meeting. All right. Good evening. I'm Julie Wyatt, Senior Planner at the City of Denton, and I'm presenting PDA 220006, Automotive Expansion. The request before you, as we talked about in the work session, is to expand an existing automotive sales and repair use on a site adjacent to I-35, north of Post Oak. This site's a little different in that it . . . I'm going to go back to the previous slide. I think it shows it a little better. The site actually spans the jurisdictional boundary between the City of Denton and the City of Corinth, and that line you can see there is that red line there. The current development has three buildings. It has one building outlined in yellow on your screen on the north side of the development. There's a smaller sort of accessory type building in the middle of the development, and then there is a third building on the south side that's wholly within the City of Corinth. That middle building is intended to be removed in favor of a larger building to accommodate people dropping off their cars for service. Service wouldn't be done in that building. They would just be dropping them off there. This request would add this area in blue shown on that north building, like I said, replacing that center building, and then also something we talked about in the work session would be to move that dumpster enclosure from adjacent to that property line a little further north. So that said, this is . . . I want to talk a little bit of history on PD-12. This is, as I mentioned, this is one of our older PDs. It was actually established in 1986. There have been a variety of detailed plans, and there are two lots associated with this development. Not only does it span jurisdictional boundaries, but it also has two lots. The first detailed plan was approved in 1987. That was for that north building and the surrounding parking and vehicular maneuvering area. A detailed plan for that center building was approved in 2005. There have been a couple of amendments since then, but it's remained largely similar to what was approved originally, both in '97 and then in 2005. As I mentioned, the current request is to expand this north building, also to remove this canopy on the north side of the building, and then expand it toward kind of the south of the site. To remove this existing center building, to provide that larger building, and then also there are site changes. They are proposing an additional retaining wall adjacent to this center building to allow additional vehicular maneuvering area. They're also reconfiguring that parking and inventory area. They're adding some landscaping at the right-of-way, as well as some additional landscaping trees within the parking areas, also adding some additional buffer plantings. We'll go over that site plan briefly, and I know there's a lot on this slide, so we'll try to go through this together. This is their proposed landscape plan. I just want to call your attention to pretty much what's going on with the buildings first. First, I want to call your attention to this pink area. That's where that existing canopy is. As I mentioned, the proposal is to remove that canopy and kind of enclose that area, so it's shown here on that elevation outlined in pink. The area in blue, that is adjacent to I-35, so that would be the front facade of that additional building, and it's shown here in blue. That would be Stale's area, as well as that entire building would also accommodate some additional repair activities. The line here in yellow, that corresponds with this elevation right here, and that would have some additional dock doors, as well as some customer entrances and other entrances into the building. Then finally, we have this purple line here, which corresponds with this elevation. Once again, that's to accommodate the repair activities and the showroom activities. Also in the center, we have our orange facade here, and that corresponds with this front facade. It does have those roll-up doors, so customers can drive in, drop off their car. The applicant is here to talk through that, if you have any questions about how to not do repairs in that middle building, but really just as a drop-off area. Oh, I want to talk briefly about landscaping. There are existing trees along the buffer, so we need to be sensitive because there are adjacent residential properties to this site. There is a buffer along that south property line. There's some mature trees there that are remaining. They're also going to add some more trees to punch up that buffer a little bit to make sure that any activities on-site are screened. We also worked with them to get that screening along the right-of-way. They've got shrubberies along there, as well as adding some landscape trees. What we really want to look at with these types of project is the compatibility, because this is really what we're talking about as a site plan today. The use is already existing. It's been there for quite a while. What we're talking about are those site plan elements. As I mentioned, there were no new activities on the site. It really is just that reinvestment in the site. As I mentioned, they are proposing that at landscaping. We wanted to be targeted in that to make sure that it's landscaping at the right-of-way to screen any visual impacts, as well as that buffer landscaping to once again make sure that there's anything to mitigate any potential nuisances related to the use from those residential areas. They also are proposing planting beds with that ground cover, particularly on that larger building to soften those overhead doors and soften that building. There's an existing six-foot eight-inch tall masonry wall along that rear property line. That's in place, and that was a requirement of that original PD. It's also on top of a variable height retaining wall. They're also proposing to also continue that retaining wall on the site. Then those conceptual elevations are consistent with commercial-type architecture that we see along I-35, particularly for these types of automotive uses. Public outreach was done. This is a little unique in that, once again, it's adjacent to Corinth. We actually got a little overzealous on our notification and sent those notifications to those residents within Corinth as well. We did actually send out additional notifications. This also did go to the Corinth Planning and Zoning Commission, I believe it was last night. We did receive one letter in opposition. There were concerns about those impacts to the development, but that was outside of the city's municipal boundary. Staff recommends approval of the request. It is consistent with the criteria for approval as well as for the future land use map. In the '90 and then 2010 ordinance, sorry, '97 ordinance, there were conditions associated with the use. Those had to do with noise, those public address, the lighting, some tree preservation as we had it at that time. We wanted to make sure that we addressed it within our conditions and to update those so that they're more consistent with our current standards. That's what's in your backup and on your screen. Wanted to retain that public address concern. We modified the lighting to make it consistent with our language and our Denton Development Code now, also requiring that photometric plan, but keeping those hours of operation for that lighting consistent with what was approved in '97. We also want to make sure it conforms with our tree preservation. Colleen, our landscape planner, has actually already reviewed the project and ensured that it conforms to our tree preservation requirements. Then also just to maintain that screening wall around the south property line. I think that's a really important element to the site. With that, I'll stand for any questions. As I mentioned, the applicant is here, and that concludes my presentation. Great. Thank you, Julie. I have a question. That new building is between the two cities. Are we managing that construction? You can't follow two cities' codes, I assume, so what's happening there? Yes. If people go through permitting with us, is what I've been told thus far. I'm assuming that Corinth is still going to want to review that as well. There's also going to need to be a replat for both of these lots. This won't be the last time that you see this project, because there will be a replat, and especially that southern lot will have to go to both Corinth and the city of Denton. As it's being constructed, this will end up being a partnership that they'll have to go back and forth and get approval each way. Our original discussions with them was that they would go through the city of Denton, but I'm sure we'll continue that coordination with Corinth to make sure that we work with them closely and coordinate with each other. Okay. Thank you. Appreciate it. I don't have a card from the applicant. Did you all have a presentation, or is anyone just here for questions? You don't have to. That's fine. Come on out. Sure. Thanks, Julie. Thank you. Good evening. Hi. My name is Burke Eyre. I'm the applicant. My address is 215 Johnston Street, Rock Hill, South Carolina. I'm a civil engineer representing Group 1 Automotive, and Group 1 purchased this property just a little over a year, I think it was October, 2021, when they bought this property and also the property that's across the interstate, it's a used car facility. I'm really here just to answer any questions that you might have. Julie did a great job. We've been working closely with her and with the folks at Corinth. Monday night we presented to their planning commission and received approval, which will go to their city council. They confirmed last night that the building permit will be issued by the city of Denton. They wanted to see some elevations, they wanted to know what the building was going to be, but because I think like 67% of the building is in Denton and 33% is in Corinth, they agreed that we didn't have to get inspections and permits for the building, so the building permit itself will be issued by you guys. I really don't have much to add to Julie's presentation, she's very thorough. One thing that I will mention just for your information is that we also, with this layout, are anticipating a right-of-way taking from TxDOT. They showed us a preliminary drawing and a highlighted line, not a lot of detail, but we are pulling the existing parking further into the site away from the interstate so that we'll be set up for that right-of-way taking when it occurs. We don't know when, that could be five years, it could be 20 years, we don't know, but we're set up for it when it does happen. That also enabled us to meet some landscaping requirements and to provide some of the screening requirements. We spent a good bit of time working on that. I'll be quiet and see if you have any questions. I've got one. This large building is obviously for a better customer experience when they come and bring their car, I assume, but it's a much larger footprint than what is currently there. What is happening, it looks like there were cars parked around the existing building now, and obviously that's all going to go away because this new building is considerably larger. Okay, so we're referring to this building in the center, the brown building in the center of this screen as a service reception building. The use in that building will be customer drop-off, and there's a waiting area, there's a customer cafe, obviously the service advisors are there, so as a service customer, you'll never go into the shop area, you'll drop your car off there and either wait, or you can leave and come back, but you'll also pick your car up there, and the porters will take it to the shop, so the service activities happen over here and sort of in the middle right here. There's some wash bays at the back, and then in the middle there is parts, and then there's a Jeep showroom, Chrysler Dodge Ram showroom. Obviously interspersed, there's some offices in those things, but generally speaking that's how the layout works. This is the drive lane enters and exits here, it's three lanes, there are service advisors on the lanes, but you would come in, speak with an advisor, enter, relax and have some coffee, watch TV, wait for your car, and then after the service is complete, they'll bring it back in the opposite direction, you'll pick it up in the same place and drive out, so the customers will never be back here. Our porters will be taking the cars over and back around. There's zero repair of any sort in here, and what will look like a showroom area right there, there'll be some display areas for, because this is a Jeep dealership, for accessories that you can buy, so there'll be a couple of accessorized vehicles for all the aftermarket things that you can buy at the dealership to different tops and tires and camper things and whatever all those accessories are. That's what happens in the service reception building. I think that's what happens, sort of covered everything. Yeah, sure. I totally understand how that whole customer experience would work. My question is, currently the building's really small, whatever building is there, and there were several cars parked around that. How are we mitigating, we're losing space because we're putting a much larger building there? Yeah, there are less parking stalls on site, but we also own the property across the street, so for inventory storage, less amounts of car can happen over there. We use all of the parking available for inventory. Currently we've been having a hard time getting cars. Yeah, the whole market has changed, true. It's going to be, yeah, there's less inventory spaces on site, but we can store inventory off site and just bring them over as we need them. The other improvement is that because of this connection here that doesn't exist today, the circulation is a little more convenient, and as we've been talking with the fire reviewers, it's been, Julie mentioned that we have some plat changes to make, the fire lane easement is going to change, and there's a water line that gets relocated, so there's an easement associated with that that changes. There's no property boundary changes, and there's no changes to the driveway access points or anything like that, so the plat revisions are easement related, and it's really the water and the fire main, I'm sorry, fire lane. Great. I do have another commissioner with a question. Commissioner Pruitt. Thank you, Chair. Just real quick. I think we've seen maybe one or two other properties, not your property and not a dealership, that crossed jurisdictional boundaries like this one, and I've always wondered, how do you file your sales tax when that happens? Thankfully, that is out of my pay range. I don't know how that is calculated. This will be the third project that I've done in multiple jurisdictions, and I don't know the answer to that. Okay. Thank you. Anybody else with any questions? OC, thank you for being here. Thanks for taking our questions. I don't have any other cards in front of me, but this is a public hearing. Is there anyone else wishing to speak? Yes, come on down, sir, sure. Good evening. If you can just use your name and address, then your time will begin. My name is Kenneth Goins. I live at 2027 Fair Oaks Circle in Corinth, and my house is right on this lot line right here. I thought it was interesting that they said there was no public address system announcements at the car lot there. I hear them every day. The other issue that I have is that when the guys are going out to get the cars, they set off the alarms to figure out which car it is. That's a recurring issue on a daily basis. I have no interest in trying to stop development. I understand that's necessary, but maybe we could get some consideration with them setting off the alarms and the public address announcements because, like I said, that's a daily occurrence. Okay. Thank you. Thank you for bringing your concerns forward. Julie, can I ask a question with regard to ... You did mention about the announcements and whatnot, so give us what should be happening or what shouldn't be happening. We can certainly follow up with the applicant to make sure that they're consistent with that zoning regulation. It's been in place for quite a while and make sure that they're conforming with that. Okay. Could we ... Yeah. Could you put that on the radar, Tina? Absolutely. Let's get somebody on that. Yeah. Let's see if we can fix that operational problem. Absolutely. Okay. Thank you very much. Again, this is a public hearing. Anyone else wishing to speak on this? Okay. Seeing none, I'll go ahead and close the public hearing and open the dais for a discussion or a motion. Commissioner Smith. Make a motion and approve. Okay. Commissioner Cole. Second. Okay. We've got a first and a second for approval, and I assume that's with staff condition as presented. Yes, ma'am. Okay. Very good. Any discussion? Okay. Can you put that on the board, please? That motion carries 6-0. That'll bring us to our matrix this evening. I'll go ahead and turn the floor over to Tina. Thank you. Thank you. So as part of our discussion, last night, city council meeting, just some follow-up information for the commission's benefit because this will be coming forth to you at a later date. So on the agenda last night, we had the initial phase or the initial steps, if you will, of an annexation request that is associated with seven acres of land, generally located east of Bonneberry Street and approximately 1,000 feet south of Vintage Road. So as you're well aware of, when property is annexed into the city, it is assigned a placeholder zoning, if you will, of rural residential. So I would anticipate a zoning case moving forward at a later date if this property is successful in getting annexed. So, again, the first three items last night were on the agenda related to the Missile Services Agreement, holding a public hearing and doing the first reading. And then in about 30 days or so, then will be the second reading of which council would then take final action on that. So and then also we had on the agenda last night a resolution authorizing the appointees of to the Northeast Area Plan Steering Committee meeting, or excuse me, Steering Committee. And so this is a relationship I think I mentioned at the last Planning and Zoning Commission meeting that we've done our formal kickoff on the Northeast Area Plan. And so we've appointed a steering committee to be able to assist in that project's efforts. And then we also have stakeholder interviews that I know that have started this week. So some of you, if not all of you, may have been invited to participate in those stakeholder interviews. So know that we are moving forward with that particular project. And I know we continue to get development applications within that portion of the city. So as it relates to the individual matrix. So what we did is right now we have currently slated for your next meeting, we'll do a report on the notification process to properties that are located within the ETJ. I know this has been an item that's been on our matrix for quite some time. So my apologies, Commissioner Smith, and but we'll get that brought back to you. We'll also discuss the various opportunities that are available to folks who are interested in learning more about development projects happening within the city. Otherwise, we did add Commissioner Pruitt's request to the agenda. And I have to admit, we had to reach out to him and make sure we got the wording correct. So but nonetheless, that has been added. And then also you see we added kind of a new category here, just ongoing items. So we put the results of the TIA under that, and then obviously we have the annual update items with respect to the comprehensive plan. So that concludes my remarks on the matrix. And the one thing I will add is as a result of the question you posed on the Portillo's item. So I remembered that we have a mobility committee that meets typically monthly and included with their meetings is a mobility report that is given. It's prepared by a consultant who works with us. But if you are interested regarding any of the text out related projects that are happening within the community, I encourage you to check out that report. I know from time to time I'm going back to it just because we have our fair share of text out roadways within the community. And we have quite a few projects that are slated that are in varying different phases. So I would encourage you if that interests you to take a look at that report. It has some graphics that go along with it with some descriptions in terms of the various phases associated with those projects. So with that, that concludes my remarks. So thank you. >> That's great. Is there anything else to add to the matrix? Any concluding items? Okay. With that I'll go ahead and adjourn us at 7 18 p.m. Thank you very much.