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 Good afternoon and welcome to the City of Denton's Planning and Zoning Commission meeting for

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 Wednesday, February 15, 2023.

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 This is our work session and with the quorum present I will call us to order at 5.33 p.m.

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 I'll let the record show that Commissioner Smith is absent from this meeting.

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 There's one item on our work session and it is clarification of agenda items and we'll

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 go through those now.

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 Anything on the minutes for January 25th?

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 Okay.

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 Items for individual consideration, 3A is PE 230001.

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 Let's see, who is that, Sean?

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 Do you want to just give us a quick synopsis of that, please?

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 Good evening.

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 This is PE 23-0001.

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 This is a request for an extension of a preliminary plat that has been approved at the intersection

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 of Loop 288 and McKinney.

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 They are coming up on their expiration date in April.

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 They have been making progress throughout this time.

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 They have a CEP that is approved, another in review, a tech stop permit in review that

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 requires a TIA as well as a zoning compliance plan.

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 It's a complex project, involves coordination with a number of end users, shared drainage,

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 multiple rights of way, tech stop approvals which tend to add an indeterminate amount

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 of time to reviews.

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 So overall, the applicant does anticipate that this extension would enable them to reach

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 submittal and approval of at least that initial final plat.

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 And so staff reviewing this against our criteria is recommending approval of the one-year extension.

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 Happy to answer any questions.

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 Commissioner Dade?

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 Thank you, Chair.

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 I'm just curious as to what's being built on that time.

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 You say it was 2021, so I wasn't here and I'm just curious as to what's being built

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 on that time.

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 So they have, I believe, about four commercial lots along the front there as well as I believe

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 one behind if I remember correctly.

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 So right now, I know one of them is proposing to be an oil change place.

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 The others, the other lots, it'll depend on what comes in.

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 They're built as commercial lots.

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 All right, thank you.

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 That's helpful.

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 Yes, sir.

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 Anybody else?

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 Sean, so there was a plat denied like in 2020.

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 Is this the same?

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 Are we dealing with the same plat here from December of 2020?

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 So there, yes.

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 There was, yeah.

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 So this is the same entity?

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 Same?

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 Yep.

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 Yep.

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 They came back, they made the adjustments, and then they reached approval.

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 And then it was approved.

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 Yeah.

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 Yes.

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 So it got approved in, yeah.

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 In April.

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 Started in December, got denied.

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 Yep.

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 Eventually then came back in April of '21.

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 Mm-hmm.

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 Okay.

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 And then I gave them some additional time to work through.

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 Okay.

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 And they want a one-year extension on what they have now?

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 Yes.

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 Do you think it'll take that long?

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 There are a number of complex issues.

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 I think it's best to provide that, particularly because with textile approvals, we just never

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 know what's gonna be needed there.

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 They have a TIA they still need to submit, so.

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 Gotcha.

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 Okay, understood.

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 Any questions further?

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 Okay.

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 Thanks, Sean.

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 Thank you.

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 Appreciate it.

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 Next item is number 23B, FR23-0001, and that is, Ashley, hello.

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 Good evening.

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 This is FR23-0001.

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 This is a final replat on approximately 4.6 acres at the corner of Fort Worth Drive and

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 East Mission Street.

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 And at this time, we are recommending denial, but we have no objection to the requested

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 extension to March 15th.

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 Okay.

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 Happy to answer any questions.

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 Perfect.

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 Any questions on that one, yeah?

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 Okay.

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 Thank you, Ashley.

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 That'll take us to 3C, so stay right there.

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 And this is FP23-0003, and this is an approximately 15.9 acre site, and they are final platting

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 to establish 12 residential lots out in the ETJ.

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 We do currently recommend denial, but we have no objection to the requested extension to

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 March 15th, 2023.

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 Happy to answer any questions.

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 I do not see any.

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 Thank you so much.

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 3D is PP23-0001.

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 Julie is not here, so Sean will be sitting in for Julie.

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 So this is a request for a plat from Denton ISD.

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 They have not at this time met all the standards for approval, and so staff is recommending

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 denial but has no objection to the request for an extension to a date certain to March

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 15th, 2023.

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 Okay.

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 Great.

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 Any questions on this one?

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 Okay.

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 Thank you, Sean.

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 Let's move to 3E, FP23-0002.

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 Oh, well, you know what?

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 That one's been withdrawn.

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 I just saw my note here, so we will not be taking action on that.

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 All right, 3F, CP22-0039.

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 Hi, Mia.

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 Hello.

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 Okay.

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 Good evening, members of the commission, Mia Hines, associate planner.

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 So this is a zoning compliance plan within the Razor Ranch South Campus mixed use district.

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 The site plan is for a hotel on approximately 2.8, almost three acres, located at the northwest

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 corner of Panhandle Street and Heritage Trail.

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 Staff is recommending conditional approval of the request.

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 It does meet all of the requirements of the Razor Ranch overlaid district, but there is

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 a requirement for cross access that they are unable to meet on this site given some agreements

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 between the seller and the owner of the property.

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 With that, Razor Ranch does have some internal private drive aisles, so we are okay with

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 the removal of the cross access, but that conditional approval we are expecting an increase

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 in the pedestrian circulation on the site, and so that's a pedestrian path from the east

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 side of the building to the sidewalk along Heritage Trail.

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 And then also we are expecting that crossing and all sidewalks to be at least five feet

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 wide and that crossing to be clearly distinguishable for the safety of pedestrian circulation on

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 this site.

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 Of course, I have more detailed presentation that I can go into in the regular session,

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 but I'll stand for any questions that you have at this time.

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 For sure.

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 The applicant know about the conditions, I assume, right?

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 Yes.

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 Okay.

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 That's one of my questions.

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 The other one is, did you see the e-comment that we received on this item?

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 Yes.

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 That was -- Yeah, it had to do with the -- Oh, yes, the building material.

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 The brick stone that's in the overlay.

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 So the -- if you recall, via state law, staff can't enforce building materials as long

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 as it's approved under the current building code.

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 There is an architectural review board that Razor Ranch is under, but again, that's all

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 sort of a private thing.

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 So from staff's enforceability, that's why the mainstream.

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 So even with it being in the overlay, there's still --

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 Correct.

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 It is, yeah, not enforceable.

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 Okay.

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 Any other questions from you?

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 Thank you.

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 I think you're here for the next one, too, aren't you?

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 I am, yes, ma'am.

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 Yep.

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 3G.

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 Okay.

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 Good evening again.

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 This is a request for zoning compliance plan again in the Razor Ranch South Campus.

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 This particular site -- the development on this site is a multifamily residential development

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 on just over 3 acres located near the northwest corner of Panhandle Street and Bonnie Bray.

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 Staff is recommending approval of the request as it does meet all of the established Razor

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 Ranch overlay district requirements.

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 There is a gas well setback or reverse gas well setback that encumbers the majority of

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 this site, and so staff has reviewed this application in relation to that requirement,

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 and we've asked for some additional site design considerations to ultimately grant relief

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 for that.

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 And again, I'll go into more detail over that in the regular session.

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 But if you notice, there's this bound here, and then, of course, in the staff report,

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 we talked a little bit about that setback.

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 So they are seeking relief from the minimum reverse gas well setback, and we are recommending

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 approval of the site plan as presented with that relief being granted.

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 So with that, I will stand for any questions or comments you have.

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 Questions?

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 How did the staff come to wanting to make that adjustment with the gas well setback?

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 So we feel that -- and Tina can answer this -- but we feel that multifamily is a good

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 use for the site, especially this being a density zone within the Razor Ranch overlay

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 district.

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 So if there is anywhere to grant or to allow for the development of multifamily residential,

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 this would be a good site for it.

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 The gas well being encumbering more than 50%, that's why the relief measure, the administrative

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 relief measure is built in.

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 We have that flexibility for them.

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 And then with this site, we wanted to make sure that the building was brought up to the

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 building as close as possible as it could be given that setback, and then also that

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 the street frontage, that panhandle street frontage was still activated per the intent

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 of the Razor Ranch overlay district.

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 And so that's why we -- if you notice, there's an increased landscape area.

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 There's a bit of an active green space going on there with the gazebos and the pedestrian

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 path and all that stuff.

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 So there is enhanced street frontage for this site, whereas normally what we would be getting

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 would be a building closer to the front.

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 So there is -- there was some give and take on the relief measures, and like I said, Tina,

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 as the director could add to it.

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 And what is the setback going to be?

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 375.

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 So from 500 to 375 feet.

199
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 Okay.

200
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 I was going to say, I thought Mia did a great job at finding the justification.

201
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 Yeah, absolutely.

202
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 Absolutely answered my question, yeah.

203
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 Yeah, and furthermore, I mean, we evaluated it based upon the code provisions and took

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 that series with the fact that being able to reduce it down to the 375 measurement.

205
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 It's okay.

206
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 Yeah.

207
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 But great job.

208
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 Thank you.

209
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 For sure.

210
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 Commissioner Pruitt.

211
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 Thank you, Jared.

212
00:11:22,840 --> 00:11:29,840
 Just so I can put it together in my mind, it looks like those arcs drawn that the gaswell

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 location is basically just southeast of the site, across the street from Panhandle.

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 Is that correct?

215
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 Yeah.

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 If you could see in the aerial here, it's small, but it's located here at the south.

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 And that's the setback from the pad corner location, which would be the top left corner

218
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 of that?

219
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 Correct.

220
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 Okay.

221
00:11:47,000 --> 00:11:48,000
 Thank you.

222
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 Commissioner Cole.

223
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 That's from the wellhead, correct?

224
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 Not the...

225
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 I believe that's measured from the site.

226
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 From the site.

227
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 Okay.

228
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 Great.

229
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 Looking at our gaswell expert over there.

230
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 Sorry.

231
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 Okay.

232
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 Great.

233
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 And you're going to go over all of those details.

234
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 Absolutely.

235
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 Awesome.

236
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 Okay.

237
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 Thank you, Mia.

238
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 Absolutely.

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 Let's see.

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 That will move us into our public hearings for this evening.

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 So Mia, that is still yours.

242
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 Yep.

243
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 4A PD 220010.

244
00:12:22,920 --> 00:12:24,960
 Okay.

245
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 Last of mine, I promise.

246
00:12:29,960 --> 00:12:34,440
 So this is a request for a new overlay PD.

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 The existing zoning is a PDMN transition from a PDNRMU from the old code.

248
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 And so if you recall, we recently allowed for PDs to be split with standard and overlay.

249
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 This is the overlay PD, so you aren't going to see the typical development regulations

250
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 and phasing plan and development plan for this.

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 It's just those regulations, and in this case, it's a list of restricted uses and some additional

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 site consideration items.

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 So the site itself is located near the northwest corner of TZ Lane and Ryan Road.

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 Under the current PDMN permitted uses are those commercial uses categorized in the NRMU

255
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 zoning district under the former development code.

256
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 This request for the new overlay PD would permit certain commercial uses, and those

257
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 are included in Exhibit 6 of your backup.

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00:13:28,920 --> 00:13:33,140
 For this item, it would also require compliance with the current DDC, so bringing them up

259
00:13:33,140 --> 00:13:37,520
 to code with our current site design and development regulations.

260
00:13:37,520 --> 00:13:41,240
 And then it would also require additional context-sensitive site design consideration.

261
00:13:41,240 --> 00:13:44,800
 So if you've looked at that PD regulation, you might have noticed some additional buffering

262
00:13:44,800 --> 00:13:50,120
 requirements adjacent to the existing single-family and multi-family residential lots to the west

263
00:13:50,120 --> 00:13:55,960
 there and then also some additional site consideration items along Hunters Creek Road and Teasley

264
00:13:55,960 --> 00:14:02,840
 Lane to get us a better site context-sensitive development for this site.

265
00:14:02,840 --> 00:14:08,200
 With that, staff is recommending approval, as it does meet all of our criteria.

266
00:14:08,200 --> 00:14:12,140
 I will go into more detail in the regular session, but at this time I'll stand for

267
00:14:12,140 --> 00:14:16,800
 any questions you have.

268
00:14:16,800 --> 00:14:23,600
 So with the base zoning change, do the overlay conditions remain that were put on that in

269
00:14:23,600 --> 00:14:24,600
 2014?

270
00:14:24,600 --> 00:14:28,160
 So we've actually carried some of those overlay conditions over.

271
00:14:28,160 --> 00:14:33,400
 One was no multi-family permitted on this site, and then the other was just the general

272
00:14:33,400 --> 00:14:38,560
 broad statement that commercial as permitted in the NRMU district is permitted here.

273
00:14:38,560 --> 00:14:41,800
 So those were the only overlay conditions with this site, and then it was subject to

274
00:14:41,800 --> 00:14:43,240
 our former code.

275
00:14:43,240 --> 00:14:50,640
 With this, there's those, so no multi-family permitted on the site, generally commercial

276
00:14:50,640 --> 00:14:55,600
 uses are permitted, and then there's a list of additional restricted uses that would usually

277
00:14:55,600 --> 00:15:00,080
 be permitted under the regular SC zoning district that are not going to be permitted under this

278
00:15:00,080 --> 00:15:01,280
 overlay district.

279
00:15:01,280 --> 00:15:08,560
 And again, that's to minimize adverse impacts, protect the, or prevent a larger commercial

280
00:15:08,560 --> 00:15:16,040
 type of, or more intense commercial type of use from being on this site.

281
00:15:16,040 --> 00:15:18,440
 And do we know what the applicants like endgame?

282
00:15:18,440 --> 00:15:24,000
 This one confused me a little bit, because, I mean, it is commercial, I mean, commercial

283
00:15:24,000 --> 00:15:30,160
 uses are in place now, and the conditions were put there on purpose, and, yeah, with

284
00:15:30,160 --> 00:15:31,600
 good reason.

285
00:15:31,600 --> 00:15:36,180
 So I'm trying to understand what they want.

286
00:15:36,180 --> 00:15:41,960
 So when they initially applied, and it's in their project narrative for their application,

287
00:15:41,960 --> 00:15:46,480
 they have an idea to put some drive-through restaurants in this location, some other retail

288
00:15:46,480 --> 00:15:50,080
 establishments that are not permitted under the current, either not permitted under the

289
00:15:50,080 --> 00:15:52,820
 current zoning, or would require a specific use permit.

290
00:15:52,820 --> 00:15:58,520
 So since they already have an idea of what they want for those uses for each site, to

291
00:15:58,520 --> 00:16:05,280
 avoid having to go through that process several times, they're just, they're adding a PD,

292
00:16:05,280 --> 00:16:07,440
 and then adding those additional site considerations.

293
00:16:07,440 --> 00:16:10,080
 And I think Tina had something to add.

294
00:16:10,080 --> 00:16:14,680
 And I was just going to add, it also furthermore provides for consistency in certain treatments,

295
00:16:14,680 --> 00:16:19,560
 particularly the buffers, with the adjoining residential uses that are to the west, if

296
00:16:19,560 --> 00:16:24,000
 I remember the source correctly, but Mia adequately explained, you know, the principal reason

297
00:16:24,000 --> 00:16:28,800
 for this is to go through the planned development district rezoning one point in time, establish

298
00:16:28,800 --> 00:16:35,320
 the standards that we want to ensure for continuity, and then, which then eventually would save

299
00:16:35,320 --> 00:16:39,520
 the applicant some time, instead of having to pursue a specific use permit request every

300
00:16:39,520 --> 00:16:42,000
 single time, if there was a use that triggered it.

301
00:16:42,000 --> 00:16:43,000
 Yep.

302
00:16:43,000 --> 00:16:49,240
 And I understand that, and I understand it's Teasley Lane and SC.

303
00:16:49,240 --> 00:16:53,440
 I'm just, I'm struggling with the request because it's so densely populated there with

304
00:16:53,440 --> 00:16:58,200
 single family homes, and MN certainly made more sense in this corner.

305
00:16:58,200 --> 00:17:06,080
 So certainly drive through restaurants, you know, by right, would be a huge concern for

306
00:17:06,080 --> 00:17:07,560
 the surrounding neighborhood.

307
00:17:07,560 --> 00:17:15,460
 And the fact that traffic right here is horrific, even with the, even with the road being done,

308
00:17:15,460 --> 00:17:25,280
 it's really bad, especially for the Summit Oaks neighborhood that has like two entry

309
00:17:25,280 --> 00:17:34,000
 points, that's it, for the entire neighborhood, one, yeah, and no signal there, and so, yeah,

310
00:17:34,000 --> 00:17:38,320
 lots of concerns, and we have no jurisdiction over signals because it's a textile road,

311
00:17:38,320 --> 00:17:39,320
 so.

312
00:17:39,320 --> 00:17:46,520
 I'll add, they will have to go through our traffic impact analysis approach and all those

313
00:17:46,520 --> 00:17:52,800
 things on this corridor once they, once they get those uses, every site would have to go

314
00:17:52,800 --> 00:17:55,960
 through the zoning compliance plan process, civil engineering plans and all that stuff,

315
00:17:55,960 --> 00:18:02,120
 so that'll be flushed out for the specific uses, just additional information.

316
00:18:02,120 --> 00:18:08,360
 And then one last question, on the initial overlay, it talked about track to be, what

317
00:18:08,360 --> 00:18:09,760
 is track to be?

318
00:18:09,760 --> 00:18:15,000
 Oh, that, so that is this site plus the multifamily site, so if you pull, if you pull that original

319
00:18:15,000 --> 00:18:19,680
 ordinance, it subdivides the existing single family as track to be, and then the track

320
00:18:19,680 --> 00:18:24,440
 to be was this site and the multifamily site, right, okay, alright, and the, that was later

321
00:18:24,440 --> 00:18:25,440
 amended.

322
00:18:25,440 --> 00:18:30,760
 As it was written in that ordinance, so, yeah, okay.

323
00:18:30,760 --> 00:18:31,760
 Commissioner Pruitt.

324
00:18:31,760 --> 00:18:39,240
 Thank you, Chair, just quickly so that I can absorb more of what, what staff is thinking

325
00:18:39,240 --> 00:18:45,500
 with the different considerations and the request, I mean, obviously TJ Teasley has

326
00:18:45,500 --> 00:18:51,720
 changed character remarkably since the 2019 code was passed, certainly since this original

327
00:18:51,720 --> 00:18:56,360
 PD was done.

328
00:18:56,360 --> 00:19:09,560
 Help me understand what that road in its character now, how that impacts what we think the correct

329
00:19:09,560 --> 00:19:17,000
 type of zoning and character and feel should be from a built environment perspective, does

330
00:19:17,000 --> 00:19:18,000
 that make sense?

331
00:19:18,000 --> 00:19:24,000
 'Cause some of the differences, right, between the SC and the MN are the, you know, setback

332
00:19:24,000 --> 00:19:26,600
 from the roadway and that sort of thing as well.

333
00:19:26,600 --> 00:19:33,120
 So, and I'm looking for my transportation notes here.

334
00:19:33,120 --> 00:19:43,640
 I was trying to find the mobility plan classifications for Teasley.

335
00:19:43,640 --> 00:19:52,320
 Yeah, I'd be shocked if it wasn't primary arterial.

336
00:19:52,320 --> 00:19:58,280
 I think it is primary arterial, I just didn't want to, I didn't want to speak out of term,

337
00:19:58,280 --> 00:19:59,280
 I'm sorry.

338
00:19:59,280 --> 00:20:00,280
 It is.

339
00:20:00,280 --> 00:20:01,280
 I found your report, yes.

340
00:20:01,280 --> 00:20:05,280
 Teasley is an existing primary arterial roadway which is 135 feet of right of way and then

341
00:20:05,280 --> 00:20:08,040
 ultimately would be constructed with six travel lanes.

342
00:20:08,040 --> 00:20:13,480
 Yeah, so ideally I think amongst or adjacent to those, those right of way, we are looking

343
00:20:13,480 --> 00:20:22,960
 for the more suburban corridor type of development, that level of commercial intensity.

344
00:20:22,960 --> 00:20:28,280
 And then also the density in this area is a lot of single family homes around you as

345
00:20:28,280 --> 00:20:34,440
 opposed to you have that one multifamily development to the west immediately of this site.

346
00:20:34,440 --> 00:20:39,480
 But the suburban corridor, and it's in our future lane use map as well, just kind of,

347
00:20:39,480 --> 00:20:44,720
 it fits better with the upgrade of Teasley as well as the secondary arterial designation

348
00:20:44,720 --> 00:20:48,040
 of Ryan.

349
00:20:48,040 --> 00:20:58,200
 Yeah, and again, like from what I said earlier, I get it, it's Teasley, but it's just because

350
00:20:58,200 --> 00:21:03,960
 of what was already here, it's like these things were here and then Teasley became the

351
00:21:03,960 --> 00:21:05,560
 Teasley that it is now.

352
00:21:05,560 --> 00:21:12,080
 I mean we've got elementary school on that corner, right, from what I, yeah, Nelson's

353
00:21:12,080 --> 00:21:16,000
 right there across from where we're talking about.

354
00:21:16,000 --> 00:21:19,920
 So probably one last question and then we can move on.

355
00:21:19,920 --> 00:21:24,280
 So you mentioned like restaurant with a drive-through which is an MN, it's allowed an MN, it just

356
00:21:24,280 --> 00:21:26,040
 needs a specific use permit.

357
00:21:26,040 --> 00:21:29,640
 So is that something that they just didn't want to entertain?

358
00:21:29,640 --> 00:21:33,640
 Because again, I'm trying to get to the end game here because to me I think it's a, it's

359
00:21:33,640 --> 00:21:39,000
 just a really interesting request for what's already in place and I feel like we're trying

360
00:21:39,000 --> 00:21:46,680
 to do something that, you know, that we need to be careful of because of what's, again,

361
00:21:46,680 --> 00:21:51,280
 what's already there and in place.

362
00:21:51,280 --> 00:21:56,560
 So well, and to me, I mean, that's something to ask the applicant, allow the applicant

363
00:21:56,560 --> 00:21:57,560
 to address it.

364
00:21:57,560 --> 00:21:58,560
 Oh, I definitely will.

365
00:21:58,560 --> 00:22:03,880
 We have listed the narrative and have done our assessment on it, you know, in this case

366
00:22:03,880 --> 00:22:09,000
 with rezoning it to a plan development district, they are obviously allowing for that particular

367
00:22:09,000 --> 00:22:12,960
 use by right but they're eliminating some of the other uses that would otherwise be

368
00:22:12,960 --> 00:22:18,040
 allowed under the existing zoning or even under the SC zoning, excuse me, but then,

369
00:22:18,040 --> 00:22:22,480
 you know, in this case presumably it's requiring a public hearing one time instead of bringing

370
00:22:22,480 --> 00:22:25,880
 everybody out multiple times if there were multiple, you know, let's say if they did

371
00:22:25,880 --> 00:22:30,520
 come forward with multiple drive-through tenants and then it also allows for continuity within

372
00:22:30,520 --> 00:22:35,960
 the development regulations instead of the neighborhood trying to have to address certain

373
00:22:35,960 --> 00:22:39,200
 requirements each time a specific use permit request comes through.

374
00:22:39,200 --> 00:22:43,560
 So it, you know, there's some trade-offs associated with it but, you know, ultimately if the commission

375
00:22:43,560 --> 00:22:50,000
 feels that this is not the, you know, appropriate, the appropriate zoning for the property then

376
00:22:50,000 --> 00:22:54,520
 you have the ability to, you know, be able to decide that accordingly but I would say

377
00:22:54,520 --> 00:22:57,600
 give the applicant an opportunity to be able to address the questions that you're asking

378
00:22:57,600 --> 00:23:00,240
 because they may be able to expand on it more than us.

379
00:23:00,240 --> 00:23:01,240
 Yeah, okay.

380
00:23:01,240 --> 00:23:06,680
 Yeah, and yeah, I think that's fair because to me the base zoning in there seems appropriate.

381
00:23:06,680 --> 00:23:12,600
 There's lots that can be developed commercially within, you know, the way the PD is now.

382
00:23:12,600 --> 00:23:19,200
 I mean, the only restriction on it is no multifamily and then it said commercial uses in the MN

383
00:23:19,200 --> 00:23:24,700
 district so we're obviously wanting commercial uses out of the MN district and so this is

384
00:23:24,700 --> 00:23:32,900
 what I'm churning in my mind is like is that really appropriate and again notwithstanding

385
00:23:32,900 --> 00:23:38,800
 that it's Teasley Lane, I get it but it's again everything that is already in place

386
00:23:38,800 --> 00:23:43,240
 is absolutely has to be considered and can't just be forgotten about because oh it's Teasley

387
00:23:43,240 --> 00:23:51,320
 Lane and it's now this wonderfully, you know, wide high-speed road, you know, so anyway.

388
00:23:51,320 --> 00:23:54,840
 Any other questions?

389
00:23:54,840 --> 00:23:59,280
 Thank you for answering all of mine and Commissioner Pritz.

390
00:23:59,280 --> 00:24:06,120
 Okay, we will go to 4B, Z220019.

391
00:24:06,120 --> 00:24:07,120
 Hello Ron.

392
00:24:07,120 --> 00:24:17,480
 Good afternoon, Chair, members of the Commission.

393
00:24:17,480 --> 00:24:22,360
 We have a request for an initial zoning of a property.

394
00:24:22,360 --> 00:24:25,760
 Just for a quick background, this subject property that's outlined in yellow was recently

395
00:24:25,760 --> 00:24:28,720
 annexed earlier this year, January 10th.

396
00:24:28,720 --> 00:24:30,760
 It's approximately 18.6 acres.

397
00:24:30,760 --> 00:24:37,280
 You can see that the area there is primarily agriculture or used as undeveloped.

398
00:24:37,280 --> 00:24:40,240
 It generally fronts 380.

399
00:24:40,240 --> 00:24:44,680
 Also to the west is Thomas Egan Road.

400
00:24:44,680 --> 00:24:53,560
 The proposed use is just again a quick presentation is the property just south of the area that's

401
00:24:53,560 --> 00:24:57,720
 outlined in yellow is also owned by the same property owner.

402
00:24:57,720 --> 00:25:01,560
 That property was zoned L.I. recently as well.

403
00:25:01,560 --> 00:25:08,600
 So what they're trying to do is zone all three tracts to L.I. again to develop a light industrial

404
00:25:08,600 --> 00:25:09,760
 use.

405
00:25:09,760 --> 00:25:15,440
 The future land use designation is a light industrial and again it is consistent to what

406
00:25:15,440 --> 00:25:17,400
 is being proposed.

407
00:25:17,400 --> 00:25:21,760
 Staff is recommending approval based on the criteria for approval in the development code

408
00:25:21,760 --> 00:25:27,120
 and I'll stand for any questions.

409
00:25:27,120 --> 00:25:28,920
 Any questions for Ron here?

410
00:25:28,920 --> 00:25:38,920
 Ron, there seem to be a lot on the site encumbered with the ESA, so making it undevelopable on

411
00:25:38,920 --> 00:25:40,440
 parts of it?

412
00:25:40,440 --> 00:25:45,800
 I would say almost a third of the property is undevelopable just because of the ESA and

413
00:25:45,800 --> 00:25:46,800
 the flip plane.

414
00:25:46,800 --> 00:25:52,480
 However, they have shown a conceptual site plan that shows the development more along

415
00:25:52,480 --> 00:25:54,320
 Thomas Egan.

416
00:25:54,320 --> 00:25:59,120
 Three entrances will be off of Thomas Egan, but yes, you're absolutely correct.

417
00:25:59,120 --> 00:26:05,280
 To the east portion of the property is inundated with ESA and flip plane, but they're able

418
00:26:05,280 --> 00:26:08,400
 to design it to be able to still fit what they're proposing.

419
00:26:08,400 --> 00:26:14,280
 Okay, so they're not looking for a feature infringement on that or some kind of alt?

420
00:26:14,280 --> 00:26:15,280
 No not that.

421
00:26:15,280 --> 00:26:18,640
 Again, based on their conceptual site plan, it does not appear that they'll be requesting

422
00:26:18,640 --> 00:26:22,280
 any alternative ESA plan.

423
00:26:22,280 --> 00:26:23,280
 Any questions for him?

424
00:26:23,280 --> 00:26:24,560
 Commissioner Cole?

425
00:26:24,560 --> 00:26:25,560
 Thank you Chair.

426
00:26:25,560 --> 00:26:35,800
 Ron, looking at this and this is kind of reminds me of Ranch Estates 10 years ago.

427
00:26:35,800 --> 00:26:36,800
 Okay.

428
00:26:36,800 --> 00:26:38,640
 Do you see what I'm saying?

429
00:26:38,640 --> 00:26:40,440
 Do you look at that?

430
00:26:40,440 --> 00:26:52,520
 But we also have a mud district proposed to this right Jason to it yes it's gonna be residential.

431
00:26:52,520 --> 00:26:56,200
 So here we are going again with these mixed uses.

432
00:26:56,200 --> 00:27:01,840
 You know we already have a use there, it's residential, we got rural residential.

433
00:27:01,840 --> 00:27:07,800
 All this creek bottom, this is what we see, all these trees we see, this is a large creek

434
00:27:07,800 --> 00:27:11,560
 system right here.

435
00:27:11,560 --> 00:27:30,880
 You know LI and R through R3 does not coexist, you see what I'm saying?

436
00:27:30,880 --> 00:27:38,000
 I do, I do and what I can tell you is obviously Thomas Egan serves as a secondary arterial

437
00:27:38,000 --> 00:27:44,320
 so it will be wide enough to the east you have like we discussed an ESA and a creek

438
00:27:44,320 --> 00:27:50,360
 to help buffer a little bit but you're right there'll be some buffering screening and setback

439
00:27:50,360 --> 00:27:57,180
 requirements as this development comes in and that will be to help alleviate that is

440
00:27:57,180 --> 00:28:04,080
 some of the potential impacts that any proposed use would have.

441
00:28:04,080 --> 00:28:05,080
 Thank you Ron.

442
00:28:05,080 --> 00:28:09,240
 I mean it's just I guess it's a little late too little too late you know for that area

443
00:28:09,240 --> 00:28:13,600
 the die is cast I suppose but hey thank you I appreciate it.

444
00:28:13,600 --> 00:28:19,060
 I mean there's definitely concern for infringement upon this rural area which we've talked about

445
00:28:19,060 --> 00:28:29,200
 multiple times about what this whole from 35 on down here is yeah what really has developed

446
00:28:29,200 --> 00:28:31,720
 because we've let it become LI.

447
00:28:31,720 --> 00:28:37,840
 Ron did you say that the the front track that is fronting University is owned by this?

448
00:28:37,840 --> 00:28:38,840
 Correct, same owner.

449
00:28:38,840 --> 00:28:41,840
 And it is LI, I saw that.

450
00:28:41,840 --> 00:28:42,840
 Yes.

451
00:28:42,840 --> 00:28:43,840
 Yeah.

452
00:28:43,840 --> 00:28:47,000
 Commissioner Prudt did you have your hand up?

453
00:28:47,000 --> 00:28:48,000
 Yeah thank you Chair.

454
00:28:48,000 --> 00:28:55,440
 Just for my information Commissioner Cole you mentioned that there's a mud coming in

455
00:28:55,440 --> 00:28:56,680
 to the west here.

456
00:28:56,680 --> 00:29:01,080
 Is that immediately to the west of Thomas Egan Drive or is it further to the west?

457
00:29:01,080 --> 00:29:02,080
 It's just immediate.

458
00:29:02,080 --> 00:29:03,080
 Immediately?

459
00:29:03,080 --> 00:29:05,280
 Yeah abutting Thomas Egan Drive, yes.

460
00:29:05,280 --> 00:29:06,280
 Okay.

461
00:29:06,280 --> 00:29:14,600
 I know that is a I don't know the status of that particular MUD but that is correct it's

462
00:29:14,600 --> 00:29:18,160
 just immediately to the west of Thomas Egan.

463
00:29:18,160 --> 00:29:25,400
 All right now thank you I mean just things to think through here I think my concern I

464
00:29:25,400 --> 00:29:31,960
 mean one about the compatibility but I'm just thinking through to what University Drive

465
00:29:31,960 --> 00:29:39,800
 10 miles east of Denton looked like 15 years ago and you know we when I look on the mobility

466
00:29:39,800 --> 00:29:46,920
 plan I don't see any east west roads north of 380 there so I'd hate to set up a situation

467
00:29:46,920 --> 00:29:53,720
 where everybody has to get on to 380 in order to get to the grocery store and you know that

468
00:29:53,720 --> 00:30:06,120
 kind of thing so okay thank you anybody else okay thanks Ron we'll talk more there oh you've

469
00:30:06,120 --> 00:30:13,960
 got the next one too so I will let you continue.

470
00:30:13,960 --> 00:30:19,600
 So presenting to you today a proposed code amendment related to outdoor storage and outdoor

471
00:30:19,600 --> 00:30:26,680
 display this item has been discussed and reviewed with the development code review committee

472
00:30:26,680 --> 00:30:33,000
 we met several times you can see the dates here specifically the purpose for this code

473
00:30:33,000 --> 00:30:39,200
 amendment was really to review it against some recent decisions as well as an interpretation

474
00:30:39,200 --> 00:30:43,200
 with the zoning board of adjustment but also to address the inconsistent language that

475
00:30:43,200 --> 00:30:49,080
 we have as it relates to outdoor storage and then also propose some additional languages

476
00:30:49,080 --> 00:30:55,400
 use specific standards that we felt would help clarify but also meet the intent of what the

477
00:30:55,400 --> 00:31:02,040
 outdoor storage was for the particular uses now those uses are listed to the right you

478
00:31:02,040 --> 00:31:07,160
 see the sections where their reference we are dealing with primarily automotive but

479
00:31:07,160 --> 00:31:13,200
 we also have equipment sales outdoor storage self storage and accessory outdoor storage

480
00:31:13,200 --> 00:31:18,620
 as well in addition to those uses we also propose some code amendments related to other

481
00:31:18,620 --> 00:31:25,480
 sections of the code as it relates to outdoor storage screening fencing and then also definition

482
00:31:25,480 --> 00:31:30,420
 amendments to help pull all this together.

483
00:31:30,420 --> 00:31:35,600
 So rather than go through all of the code amendments line by line I've prepared a couple

484
00:31:35,600 --> 00:31:43,120
 slides to summarize the languages that we're proposing the language that you see in front

485
00:31:43,120 --> 00:31:48,760
 of you or on the screen here are languages that are consistent throughout the same uses

486
00:31:48,760 --> 00:31:55,840
 or the uses that are listed to the right one way or another I'll point out that the second

487
00:31:55,840 --> 00:32:03,240
 bullet there and the third bullet are different in the sense that they are requiring the first

488
00:32:03,240 --> 00:32:09,120
 the second one is requiring more requirements for screening where it says with a minimum

489
00:32:09,120 --> 00:32:15,560
 eight foot tall wall fence or fence of masonry elevated or and sealed wood or combination

490
00:32:15,560 --> 00:32:21,560
 of such materials that is for zoning districts that we felt that needed a little bit more

491
00:32:21,560 --> 00:32:31,800
 protection such as the MN, MDN and R7 and the like where the third bullet where it is

492
00:32:31,800 --> 00:32:37,800
 a little bit less required means for screening basically just requires that it complies with

493
00:32:37,800 --> 00:32:43,760
 subchapter or subsection 778 which is the walls fences and screening are primarily really

494
00:32:43,760 --> 00:32:49,040
 more dedicated or more applied to the LI and HI zone district so just want to make sure

495
00:32:49,040 --> 00:32:53,960
 you understood the differences between the two requirements for outdoor storage because

496
00:32:53,960 --> 00:32:57,520
 again the differences here is because of the zoning district.

497
00:32:57,520 --> 00:33:02,920
 And then last bullet there is related to outdoor display this pretty much similar to all of

498
00:33:02,920 --> 00:33:08,600
 the uses that house has outdoor display as it relates to retail supplies and again those

499
00:33:08,600 --> 00:33:15,400
 are applied to the applicable uses where it applies and the full code amendment is in

500
00:33:15,400 --> 00:33:19,640
 your backup if you have any further questions or require more detail we can certainly go

501
00:33:19,640 --> 00:33:23,260
 into that as well.

502
00:33:23,260 --> 00:33:29,800
 In addition we've added additional use specific standards to the code amendments related to

503
00:33:29,800 --> 00:33:34,640
 the following that you see here and I tried to summarize it as best as I can essentially

504
00:33:34,640 --> 00:33:43,160
 where auto repair and servicing is proposed on a property it is constituted as an automotive

505
00:33:43,160 --> 00:33:49,840
 repair major or minor so they would have to fall under that set of criteria so if they're

506
00:33:49,840 --> 00:33:54,680
 proposing that as part of another use they also have to be permitted in that zoning district

507
00:33:54,680 --> 00:33:59,240
 for that particular automotive repair major or minor.

508
00:33:59,240 --> 00:34:05,780
 Noise levels we added that there not just to add more regulations but really just to

509
00:34:05,780 --> 00:34:10,920
 provide that reference so that they know that there's also noise compliance that has to

510
00:34:10,920 --> 00:34:14,260
 happen with their proposed development.

511
00:34:14,260 --> 00:34:19,120
 Similar to auto repair and servicing if there are any sale or leasing of motor vehicles

512
00:34:19,120 --> 00:34:24,680
 they constitute an automotive sale and leasing use so again if that use is not permitted

513
00:34:24,680 --> 00:34:31,560
 per that zoning district that use would not be permitted on that particular property.

514
00:34:31,560 --> 00:34:37,240
 Third rental of moving trucks and moving related equipment those constitute as equipment sales

515
00:34:37,240 --> 00:34:43,200
 and retail use and that is a specific use I'm sorry a use that's listed in our development

516
00:34:43,200 --> 00:34:49,320
 code and again it must be permitted in that zoning district either by right or SUP.

517
00:34:49,320 --> 00:34:54,120
 With regards to self-service storage we did add a little bit more clarity and more information

518
00:34:54,120 --> 00:35:01,640
 related to what can be used under that particular use so rental of storage units, rental storage

519
00:35:01,640 --> 00:35:08,720
 space for RVs and boats and the sale of moving related items are allowed under self-storage

520
00:35:08,720 --> 00:35:13,120
 however no other uses would be permitted under self-storage.

521
00:35:13,120 --> 00:35:18,040
 And last we have uses outdoor storage and accessory outdoor storage we provided some

522
00:35:18,040 --> 00:35:25,120
 languages there to determine or to delineate how where and what types of items can be stored

523
00:35:25,120 --> 00:35:30,680
 outdoors again for those two uses.

524
00:35:30,680 --> 00:35:36,480
 Carrying forward we also have languages that you that are part of other sections of the

525
00:35:36,480 --> 00:35:43,200
 code I'll just point to the first one a real simple edit there is just to change outside

526
00:35:43,200 --> 00:35:47,520
 to outdoor to be consistent with the other sections of the code.

527
00:35:47,520 --> 00:35:52,680
 The second one here list basically cleans up what was currently what is currently in

528
00:35:52,680 --> 00:35:57,320
 the code with the similar language that you saw earlier in the first slide so again just

529
00:35:57,320 --> 00:36:01,920
 making sure that we have consistent language and then the third one below here is really

530
00:36:01,920 --> 00:36:09,680
 to add a director's ability to grant an alternative height currently the maximum height under

531
00:36:09,680 --> 00:36:18,360
 the table 7.8 or dot H is 8 feet but the development code review committee felt that if there is

532
00:36:18,360 --> 00:36:23,320
 an opportunity to even raise that past 8 feet there should be the ability for the director

533
00:36:23,320 --> 00:36:31,120
 to make that decision as long as that there is no endangerment of the public safety or

534
00:36:31,120 --> 00:36:39,200
 adversely impacting the surrounding property so that is added again to allow for that alternative.

535
00:36:39,200 --> 00:36:43,480
 And then my last slide here is really just to list all of the definitions that we are

536
00:36:43,480 --> 00:36:47,760
 amending as part of this code amendment I won't go through all of them but again I wanted

537
00:36:47,760 --> 00:36:53,240
 to list them here and again per the backup you have in front of you or with you you can

538
00:36:53,240 --> 00:37:00,040
 see where those changes or what those changes are for all these zone or for all these definitions.

539
00:37:00,040 --> 00:37:02,200
 With that I'll stand for any questions.

540
00:37:02,200 --> 00:37:03,840
 Thank you Ron.

541
00:37:03,840 --> 00:37:04,840
 Any questions?

542
00:37:04,840 --> 00:37:15,340
 Yeah great presentation right there and great backup and I know it was hard and intense

543
00:37:15,340 --> 00:37:20,840
 work with the DCRC so yes I appreciate that yeah okay thanks Ron.

544
00:37:20,840 --> 00:37:27,640
 I think that was our last item on the agenda so I will go ahead and close our work session

545
00:37:27,640 --> 00:37:42,600
 at 6 10 p.m. and we will reconvene in council chambers at 6 30.

546
00:37:42,600 --> 00:37:45,960
 Good evening and welcome to the city of Denton's planning and zoning commission meeting for

547
00:37:45,960 --> 00:37:54,140
 Wednesday February 15th 2023 with a quorum present I will call us to order at 6 37 p.m.

548
00:37:54,140 --> 00:37:57,420
 Thank you for your patience and us starting a little bit late today.

549
00:37:57,420 --> 00:38:01,600
 First item on our agenda is the pledge of allegiance to the U.S. and Texas flags.

550
00:38:01,600 --> 00:38:09,000
 I pledge allegiance to the flag of the United States of America and to the republic for

551
00:38:09,000 --> 00:38:17,000
 which it stands one nation under God indivisible with liberty and justice for all.

552
00:38:17,000 --> 00:38:32,240
 Thank you.

553
00:38:32,240 --> 00:38:37,360
 Next item our agenda is the consideration of approval for our meeting minutes from

554
00:38:37,360 --> 00:38:40,920
 January 25th.

555
00:38:40,920 --> 00:38:54,040
 Commissioner Anderson we've got a first and a second for approval any discussion okay

556
00:38:54,040 --> 00:39:04,480
 let's go ahead and vote please.

557
00:39:04,480 --> 00:39:10,180
 That motion carries 6 0 that will take us to our items for individual consideration first

558
00:39:10,180 --> 00:39:24,200
 up is 3 a P.E. 23 0001 invite Sean for presentation presentation here all right.

559
00:39:24,200 --> 00:39:28,160
 Good evening chair and members of the planning and zoning commission my name is Sean Jacobson

560
00:39:28,160 --> 00:39:34,360
 associate planner I'm here to present P.E. 23 - 001 which is a plat extension request

561
00:39:34,360 --> 00:39:38,840
 for the 100 north loop 288 edition.

562
00:39:38,840 --> 00:39:44,360
 This is a request for an extension of a preliminary plat that was approved on April 21st 2021

563
00:39:44,360 --> 00:39:50,840
 the property is at the intersection of loop 288 and McKinney it's approximately 19.49

564
00:39:50,840 --> 00:39:56,120
 acres since the time that the preliminary plat was approved the project has continued

565
00:39:56,120 --> 00:40:01,160
 to move forward there is an approved set of civil engineering plans another set of civil

566
00:40:01,160 --> 00:40:04,800
 engineering plans on review as well as a tech stop permit that has been approved by the

567
00:40:04,800 --> 00:40:10,020
 city and is under review by tech stock and a zoning compliance plan.

568
00:40:10,020 --> 00:40:15,500
 The project is a complex project it involves coordination with a number of multiple end

569
00:40:15,500 --> 00:40:19,840
 users shared drainage multiple rights of way there's been a lot to work through and the

570
00:40:19,840 --> 00:40:24,640
 applicant has been consistently working on getting through those issues but they are

571
00:40:24,640 --> 00:40:28,280
 requesting the additional time in order to have an opportunity to do that and they do

572
00:40:28,280 --> 00:40:32,160
 believe that will enable them to reach the point of final plat at least for the first

573
00:40:32,160 --> 00:40:39,920
 lot. Staff has considered this request based on our approval for criteria and we do recommend

574
00:40:39,920 --> 00:40:45,000
 approval of the requested one year extension. That is my presentation I'm happy to stand

575
00:40:45,000 --> 00:40:46,000
 for any questions.

576
00:40:46,000 --> 00:40:53,960
 Thank you Sean. Any questions for Sean? I do not see any thank you very much. Commissioner

577
00:40:53,960 --> 00:40:54,960
 Villarreal.

578
00:40:54,960 --> 00:40:59,720
 I move approval of the one year extension.

579
00:40:59,720 --> 00:41:00,720
 Commissioner Cole.

580
00:41:00,720 --> 00:41:01,720
 Second.

581
00:41:01,720 --> 00:41:07,680
 We have a first and a second for approval of the one year plat preliminary plat extension.

582
00:41:07,680 --> 00:41:19,920
 Any discussion? Okay let's go ahead and vote please. That motion carries 6-0 that will

583
00:41:19,920 --> 00:41:26,480
 take us to 3B FR230001. I'll invite Ashley up for presentation.

584
00:41:26,480 --> 00:41:37,080
 Good evening. Ashley Eckstead assistant planner City of Denton. This is a final replat for

585
00:41:37,080 --> 00:41:42,920
 the Mission Street offices. This is an approximately 4.6 acre site on the corner of Fort Worth

586
00:41:42,920 --> 00:41:47,480
 Drive in East Mission Street. At this time staff is recommending denial but we have no

587
00:41:47,480 --> 00:41:53,960
 objection to the requested extension till March 15, 2023. Happy to answer any questions.

588
00:41:53,960 --> 00:42:00,040
 Thanks Ashley. Any questions on this? Okay. Thank you. Commissioner Pruitt.

589
00:42:00,040 --> 00:42:05,800
 I move to approve the applicant requested extension till March 15.

590
00:42:05,800 --> 00:42:06,800
 Commissioner Villarreal.

591
00:42:06,800 --> 00:42:07,800
 Second.

592
00:42:07,800 --> 00:42:12,160
 We've got a first and a second to approve the extension request to a date certain of

593
00:42:12,160 --> 00:42:25,640
 March 15, 2023. Any discussion? Okay. Seeing none let's go ahead and vote please. That

594
00:42:25,640 --> 00:42:38,200
 motion item carries 6-0. That will take us to 3C FP230003. Hello again Ashley.

595
00:42:38,200 --> 00:42:43,360
 This is an extension request for a final plat of the Watson edition. This is an approximately

596
00:42:43,360 --> 00:42:49,960
 15.9 acre site to establish 12 residential lots in the ETJ. Staff does currently recommend

597
00:42:49,960 --> 00:42:54,120
 denial as they have not met the criteria for approval but we have no objection to the requested

598
00:42:54,120 --> 00:42:59,080
 extension till March 15, 2023. Happy to answer any questions.

599
00:42:59,080 --> 00:43:04,920
 Thanks Ashley. Any questions? I do not see any. Thank you. Commissioner Villarreal.

600
00:43:04,920 --> 00:43:10,360
 I move approval of the extension to a date certain of March 15, 2023.

601
00:43:10,360 --> 00:43:11,360
 Commissioner Anderson.

602
00:43:11,360 --> 00:43:12,360
 Second.

603
00:43:12,360 --> 00:43:16,640
 We've got a first and a second for approval of the extension request to a date certain

604
00:43:16,640 --> 00:43:34,560
 of March 15, 2023. Any discussion? Okay. Let's vote please. That motion carries 6-0. That

605
00:43:34,560 --> 00:43:41,200
 will take us to 3D PP230001. Sean will make a presentation on this item.

606
00:43:41,200 --> 00:43:49,560
 Good evening. So this is a request for a preliminary plat of the Riney Road Elementary edition.

607
00:43:49,560 --> 00:43:55,040
 At this time staff is recommending now because it does not yet meet our criteria for approval

608
00:43:55,040 --> 00:43:59,520
 but staff has no objection to the request for an extension to a date certain of March

609
00:43:59,520 --> 00:44:01,520
 15. Thank you.

610
00:44:01,520 --> 00:44:07,960
 I do not see any questions for you. Appreciate that Sean. Commissioner Anderson.

611
00:44:07,960 --> 00:44:12,960
 Make a motion to approve the extension to a date certain of March 15.

612
00:44:12,960 --> 00:44:13,960
 Commissioner Cole.

613
00:44:13,960 --> 00:44:14,960
 Second.

614
00:44:14,960 --> 00:44:18,680
 We've got a first and a second to grant the extension request to a date certain of March

615
00:44:18,680 --> 00:44:34,720
 15, 2023. Any discussion? Seeing none let's vote on the board please. That motion carries

616
00:44:34,720 --> 00:44:42,240
 6-0. Moves us to item 3E which has been withdrawn by the applicant so we will not be taking

617
00:44:42,240 --> 00:44:56,040
 any action on 3E. That will move us to 3F ZCP 220039. I will invite Mia up for presentation.

618
00:44:56,040 --> 00:45:06,200
 Good evening Chair, members of the Commission. Mia Hines, Associate Planner. This item is

619
00:45:06,200 --> 00:45:13,560
 a zoning compliance plan located within the Razor Ranch South campus overlay district.

620
00:45:13,560 --> 00:45:18,120
 The request is approval of their site plan. Usually this body does not see zoning compliance

621
00:45:18,120 --> 00:45:22,760
 plans but because it is in Razor Ranch South campus that is why it is appearing before

622
00:45:22,760 --> 00:45:30,960
 you this evening. The site itself is approximately 2.8 acres located just at the northwest corner

623
00:45:30,960 --> 00:45:36,080
 of Panhandle Street and Heritage Trail. As for zoning for this site it is located within

624
00:45:36,080 --> 00:45:42,640
 the RCCD based zoning within Razor Ranch which is subject to the 2002 Denton development

625
00:45:42,640 --> 00:45:48,640
 code as well as the Razor Ranch overlay development standards. The permitted or the requested

626
00:45:48,640 --> 00:45:56,660
 use hotel is permitted in the sub area by right. So with this site plan we take a look

627
00:45:56,660 --> 00:46:08,960
 at Z20-0012C specifically exhibit C2 and D2 for the architectural and landscape requirements

628
00:46:08,960 --> 00:46:15,200
 for this site respectively and we took a look at the site plan, landscape plan and foresighted

629
00:46:15,200 --> 00:46:19,880
 building elevations as a part of the zoning compliance plan package. With that we weighted

630
00:46:19,880 --> 00:46:25,600
 against the criteria for approval found under the 2002 Denton development code specifically

631
00:46:25,600 --> 00:46:30,640
 we wanted to make sure that the site substantially complied with the concept schematic plan approved

632
00:46:30,640 --> 00:46:37,280
 by City Council which I'll get to these items in a second here. The site plan provided for

633
00:46:37,280 --> 00:46:40,720
 compatible arrangements of building and land uses. The site plan provided for adequate

634
00:46:40,720 --> 00:46:47,880
 and safe vehicular traffic and vehicular traffic and circulation and the plan fully complies

635
00:46:47,880 --> 00:46:52,400
 with all other sections of the overlay district. So here and included in your packet is the

636
00:46:52,400 --> 00:46:57,880
 site plan for this site. It's a four story hotel approximately almost seventy five thousand

637
00:46:57,880 --> 00:47:03,800
 square feet total. They are proposing the proper number of parking spaces associated

638
00:47:03,800 --> 00:47:11,480
 with that use and a driveway access point will be taken off of one off of I'm sorry

639
00:47:11,480 --> 00:47:16,000
 off of the private drive that's there to the west that's a typo in my presentation my apologies

640
00:47:16,000 --> 00:47:22,720
 and then one off of heritage trail there to the east. Cross access is required for this

641
00:47:22,720 --> 00:47:27,800
 development they have not provided it for this site on to the next but that private

642
00:47:27,800 --> 00:47:33,960
 drive being off of the public right of way does serve to improve the vehicular circulation

643
00:47:33,960 --> 00:47:39,000
 and so we are willing to waive that or approve this sort of alternative development plan

644
00:47:39,000 --> 00:47:43,320
 for this site. With that though we are and you'll notice in my recommendation a little

645
00:47:43,320 --> 00:47:48,240
 later requesting some additional pedestrian circulation elements that would not normally

646
00:47:48,240 --> 00:47:54,400
 be required for a site of this caliber. As for the landscaping they are meeting the minimums

647
00:47:54,400 --> 00:47:59,040
 as you can see there in the chart with the overall site providing an overall site landscaping

648
00:47:59,040 --> 00:48:05,080
 coverage area of 28 percent and an overall tree canopy coverage of 40 percent. Here and

649
00:48:05,080 --> 00:48:08,600
 again and included in your packet are the elevations for the site again we just made

650
00:48:08,600 --> 00:48:14,360
 sure that as far as building articulation placement they were meeting the standards

651
00:48:14,360 --> 00:48:19,160
 of the Razor Ranch Overlay District. And so with that staff is recommending approval of

652
00:48:19,160 --> 00:48:23,760
 the proposed zoning compliance plan subject to the condition that a pedestrian path be

653
00:48:23,760 --> 00:48:29,680
 added to the east side of the building or from the east side of the building along through

654
00:48:29,680 --> 00:48:35,160
 the parking lot on to the existing sidewalk on heritage trail as well all internal parking

655
00:48:35,160 --> 00:48:39,480
 area pedestrian walkways shall be a minimum of five feet in width and be distinguishable

656
00:48:39,480 --> 00:48:47,040
 from areas used by vehicles. And so that's different materials different color clearly

657
00:48:47,040 --> 00:48:52,280
 identifying that this is a pedestrian path and cautioning vehicles in that area to slow

658
00:48:52,280 --> 00:48:57,360
 down and let pedestrians cross. So at this time I will take any questions or comments

659
00:48:57,360 --> 00:49:05,080
 that you have. Great. Thank you ma'am. Commissioner Cole. Thank you Chair. Mia I know it says

660
00:49:05,080 --> 00:49:12,840
 O'Reilly Hotel Partners but what chain is this? It's Home 2 by Hilton is the applicant

661
00:49:12,840 --> 00:49:25,320
 or the business name. Oh okay. Okay. Thank you. Any other questions for Mia? Mia I asked

662
00:49:25,320 --> 00:49:29,880
 this at work session but if I'm going to ask it again in this public meeting so that you

663
00:49:29,880 --> 00:49:35,000
 can relay the answer again but we did receive a citizen comment on this regarding

664
00:49:35,000 --> 00:49:41,080
 building materials that are mentioned in the razor range overlay. So would you please explain

665
00:49:41,080 --> 00:49:46,960
 here the same as you did at work session. So absolutely. So under there are some minimum

666
00:49:46,960 --> 00:49:53,480
 building percentage materials for brick masonry things like that under the razor range overlay

667
00:49:53,480 --> 00:49:59,760
 district. However per recently adopted within the past four or five years state law the

668
00:49:59,760 --> 00:50:06,000
 cities can no longer enforce certain percentages of building materials as long as it's a permissible

669
00:50:06,000 --> 00:50:13,120
 material under the code we have to allow that building material to be used. Okay and then

670
00:50:13,120 --> 00:50:17,200
 you mentioned something that there is an architectural committee that's just a private committee within

671
00:50:17,200 --> 00:50:23,600
 razor ranch that what reviews designs as well. Yeah they're supposed to have a review architectural

672
00:50:23,600 --> 00:50:33,600
 review over certain developments within razor. Okay. Again that is that's a private thing. Right. That we don't have anything to do with. Okay awesome. Thank you I appreciate that.

673
00:50:33,600 --> 00:50:50,080
 Commissioner Pruitt. Yeah I'll move approval with staff recommended conditions. Awesome. Commissioner Anderson. Second. Okay we've got a first and a second for approval with recommended staff conditions. Any discussion? Okay let's go ahead and vote please.

674
00:50:54,480 --> 00:51:06,640
 That motion will carry 6-0. That will take us to 3G ZCP 220062 and I'll invite Mia up once again for presentation of this item.

675
00:51:06,640 --> 00:51:22,560
 Okay good evening again members of the commission. Mia Hines associate planner. So this is a consideration of a zoning compliance plan similar to the last item but for a

676
00:51:22,560 --> 00:51:30,240
 multifamily residential development located near the northwest corner of Panhandle Street and Bonnie Brace Street.

677
00:51:30,240 --> 00:51:41,360
 The site is just over three acres at 3.13 acres and I did want to mention up top that it is near a gas well pad site there to the southeast of this property.

678
00:51:41,360 --> 00:51:48,880
 With gas well drilling and production sites we do require a minimum reverse setback of 500 feet in our

679
00:51:48,880 --> 00:51:55,680
 DDC but with that if a site is encumbered by more than 50 percent of the gas well setback there are some

680
00:51:55,680 --> 00:52:00,560
 built-in relief measures that the director can grant per the DDC as long as certain

681
00:52:00,560 --> 00:52:06,320
 site considerations are taken into account. One being the applicant is allowed to increase the

682
00:52:06,320 --> 00:52:12,240
 overall height of buildings. This particular site the maximum height is 100 feet and so that would not

683
00:52:12,240 --> 00:52:16,880
 help them in this case and then they're also allowed to reduce the minimum number of parking

684
00:52:17,520 --> 00:52:23,440
 that is required for the specific use in this case the developer has taken that into account and still

685
00:52:23,440 --> 00:52:28,960
 needed that that reduced setback and so with that the the site plan that you'll see is being proposed

686
00:52:28,960 --> 00:52:35,040
 with the the administrative approval of that that reduced setback from 500 feet to 375.

687
00:52:35,040 --> 00:52:42,720
 As far as the zoning for this site it is located within the NRMU base zoning of the Razor Ranch

688
00:52:42,720 --> 00:52:48,960
 overlay district it is part of the Razor Ranch south mixed use sub area and the permitted

689
00:52:48,960 --> 00:52:56,800
 proposed and permitted use for this site is multi-family residential. For this particular

690
00:52:56,800 --> 00:53:04,160
 site we're looking at ordinance Z18-0026C specifically exhibit C to A for both the

691
00:53:04,160 --> 00:53:12,400
 architectural and landscape requirements for this site and those are specific to multi-family

692
00:53:12,400 --> 00:53:18,080
 developments located east of heritage trail so you may be fairly familiar there's an existing

693
00:53:18,080 --> 00:53:23,200
 multi-family there to the northwest but that's this is specific to that area and this use.

694
00:53:23,200 --> 00:53:28,960
 So with that we did weigh the zoning compliance plan package up against the

695
00:53:28,960 --> 00:53:36,480
 DDC requirements under the former 2002 development code to make sure that the site substantially

696
00:53:36,480 --> 00:53:42,480
 complied with those approval criteria. Here's and including your packet is the site plan as you can

697
00:53:42,480 --> 00:53:50,160
 see sort of in the red dotted line that's the the existing 500 foot to minimum reverse gas well

698
00:53:50,160 --> 00:53:57,840
 setback and it has been reduced to that green line there at 375 feet. The applicant is proposing a

699
00:53:57,840 --> 00:54:04,000
 three-story building with approximately I'm sorry with 105 multi-family units appropriate parking

700
00:54:04,000 --> 00:54:09,840
 there's a leasing office active green area as a courtyard and they're taking their driveway off of

701
00:54:09,840 --> 00:54:17,280
 panhandle street. So with that again here and including your packet is the landscape plan

702
00:54:17,280 --> 00:54:22,880
 they are exceeding the minimums with a overall landscape area of 22 percent as well as an overall

703
00:54:22,880 --> 00:54:29,440
 tree canopy coverage of 30 percent. Here and including your packet are the elevations I also

704
00:54:29,440 --> 00:54:37,120
 included a a cross section to show you give you a bit of an idea of what you would see on panhandle

705
00:54:37,120 --> 00:54:42,880
 street as you can see the the street is significantly it's a bit lower than the grade on the site and

706
00:54:42,880 --> 00:54:49,920
 then the applicant is proposing a landscape berm to sort of buffer that that parking area and also

707
00:54:49,920 --> 00:54:54,320
 this is a part of that that additional consideration that they're giving given that the site is

708
00:54:54,320 --> 00:55:01,280
 encumbered by 50 percent more than 50 percent minimum reverse gas will set back. So with that

709
00:55:01,280 --> 00:55:06,720
 stuff is recommending approval as it meets all of the criteria for approval of the Art Razor Rancho

710
00:55:06,720 --> 00:55:12,800
 Relay District and I will stand for any questions that you have at this time. Excellent Mia thank you

711
00:55:12,800 --> 00:55:19,600
 any questions for Mia? I do not see any great presentation and great backup material thank you.

712
00:55:21,680 --> 00:55:24,880
 Chair can entertain a motion or discussion at this time.

713
00:55:24,880 --> 00:55:34,320
 Commissioner McDade? I recommend approval. Okay Commissioner Anderson? I second. Okay we've got

714
00:55:34,320 --> 00:55:41,040
 a first and a second for approval any discussion? Okay seeing none let's go ahead and vote on the

715
00:55:41,040 --> 00:55:54,880
 board please. That motion carries 6-0 that will move us to our public hearings for this evening

716
00:55:54,880 --> 00:56:02,960
 first one being 4A PD 220010. I'll invite Mia back up to the podium for presentation

717
00:56:02,960 --> 00:56:17,520
 and I will open the public hearing. Okay evening again Mia Hines associate planner this site is a

718
00:56:17,520 --> 00:56:22,960
 request to rezone from a an existing plan development with a mixed use neighborhood

719
00:56:22,960 --> 00:56:28,080
 based zoning district to a new overlay plan development with a suburban corridor based

720
00:56:28,080 --> 00:56:36,560
 zoning district the existing PDMN transition from a PDNRMU to the of the former 2002 didn't

721
00:56:36,560 --> 00:56:42,080
 development code and so currently the site is subject to that code as well as the uses

722
00:56:42,080 --> 00:56:48,880
 and restrictions permitted within that PD. Under the I'm sorry the site itself is almost 13 acres

723
00:56:48,880 --> 00:56:54,880
 at 12.77 located at the northwest or near the northwest corner of Teasley Lane and Ryan Road.

724
00:56:55,520 --> 00:57:03,520
 Under the I'm sorry under the new the proposed PD permitted uses would be the certain commercial

725
00:57:03,520 --> 00:57:09,280
 uses as sort of defined and outlined in the DDC and the PD regulations that are a part of your

726
00:57:09,280 --> 00:57:14,160
 backup it would also require compliance with the current didn't development code as opposed to the

727
00:57:14,160 --> 00:57:20,640
 former outdated code and it would also require additional context sensitive site design

728
00:57:20,640 --> 00:57:28,400
 considerations for the areas abutting and adjacent to the existing residential uses to the to the west.

729
00:57:28,400 --> 00:57:36,640
 So if you recall recently we adopted a code amendment that separated or allowed for applicants

730
00:57:36,640 --> 00:57:42,320
 to apply for an overlay PD or a standard PD. The standard PD is the one with the PD regulations

731
00:57:42,320 --> 00:57:49,520
 PD development standards I'm sorry PD development plan and PD phasing whereas the overlay PD is

732
00:57:49,520 --> 00:57:54,720
 intended to address certain concerns of the neighboring property owners as well as allow

733
00:57:54,720 --> 00:57:59,920
 for developments that are more compatible with surrounding neighborhoods or less intensive uses.

734
00:57:59,920 --> 00:58:04,640
 So the applicant in this case is applying for that overlay PD to allow for those additional

735
00:58:04,640 --> 00:58:13,920
 restrictions add some additional again site context sensitivity design elements and ultimately allow

736
00:58:13,920 --> 00:58:23,520
 for certain commercial uses to be allowed are permitted on this site without or with taking

737
00:58:23,520 --> 00:58:27,760
 into consideration the existing uses as well as the existing adjacent thoroughfares.

738
00:58:27,760 --> 00:58:37,120
 So we did review this request up against the current criteria for approval in sub chapter two

739
00:58:37,120 --> 00:58:42,720
 throughout my presentation I'll talk about how the new PD would be subject to the development

740
00:58:42,720 --> 00:58:47,680
 of the current standards some of the benefits that that would come out of this plan development.

741
00:58:47,680 --> 00:58:55,440
 I'll also discuss the the sort of growth and changes that have happened in this area to

742
00:58:55,440 --> 00:59:01,680
 support the type of commercial that would be permitted on this site. I'll also discuss some

743
00:59:01,680 --> 00:59:10,960
 of the the proposed PD buffers that help to minimize the adverse impacts and then also

744
00:59:10,960 --> 00:59:17,120
 talk about how the the the proposed plan plays into the community mixed use future land use

745
00:59:17,120 --> 00:59:25,680
 designation for this site. So starting with that the didn't 2040 plan has this site designated for

746
00:59:25,680 --> 00:59:31,840
 community mixed use which is intended to promote a mix of uses where commercial is predominant.

747
00:59:31,840 --> 00:59:39,680
 It also is intended to encourage a wide array of economically viable uses as well as present

748
00:59:39,680 --> 00:59:43,280
 opportunities for higher density without impacting nearby single family neighborhoods

749
00:59:43,280 --> 00:59:49,040
 and the proposed PD SC is consistent with that future land use designation.

750
00:59:49,040 --> 00:59:54,560
 As far as impacts to surrounding properties this table shows you some of the permitted uses that

751
00:59:54,560 --> 01:00:05,120
 would be identified or allowed under the current zoning. If this were to transition to a base SC

752
01:00:05,120 --> 01:00:10,960
 zoning district without the overlay PD those uses it would be appropriate for given the current

753
01:00:10,960 --> 01:00:17,360
 future land use map designation. However there would be there are certain uses that are permitted

754
01:00:17,360 --> 01:00:21,120
 under the SC zoning district that might not necessarily be appropriate for this site hence

755
01:00:21,120 --> 01:00:31,200
 the overlay PD for with the SC base. Additionally there are some there would be a minimum 30 foot

756
01:00:31,200 --> 01:00:37,360
 wide setback with a minimum 30 points from the current DDC table 7 point G so there's some

757
01:00:37,360 --> 01:00:43,040
 flexibility in the design of the buffer whereas there is not any built into the 2002 code

758
01:00:43,040 --> 01:00:49,520
 and there's a minimum 15 foot wide buffer that would be required between the commercial site

759
01:00:49,520 --> 01:00:54,480
 and the adjacent residential as well. So this increases that overall buffer with sort of

760
01:00:54,480 --> 01:01:01,200
 incentivizing a natural drainage channel that's in that area or the preservation of that natural

761
01:01:01,200 --> 01:01:10,480
 drainage channel and ultimately allowing for that buffer area to be designed per our current standards.

762
01:01:10,480 --> 01:01:19,360
 So I just wanted to show you this map the one on your left is from 2017 the current

763
01:01:20,640 --> 01:01:25,680
 what's out there today or the current most up-to-date aerial is on your right. As you can see

764
01:01:25,680 --> 01:01:31,120
 there's been several single-family residential developments that have taken place over the past

765
01:01:31,120 --> 01:01:37,280
 six years including a multi-family residential development just to the west of the subject

766
01:01:37,280 --> 01:01:41,920
 property the build out of the single-family division or subdivision to the west of the

767
01:01:41,920 --> 01:01:49,120
 subject property as well as an update to Teasley Lane which at one point back in 2017

768
01:01:49,840 --> 01:01:55,680
 was a two lane divided when it has been updated to a six lane and is classified as a primary

769
01:01:55,680 --> 01:02:01,360
 arterial today and so with those changes the changes to the density the rooftops in the area

770
01:02:01,360 --> 01:02:08,240
 as well as the update to the the road suburban corridor is a is an appropriate zoning district

771
01:02:08,240 --> 01:02:15,440
 within the site and then of course those added overlay and since uses or added overlay restrictions

772
01:02:16,160 --> 01:02:22,000
 are meant to be more appropriate for these contexts as well as the adjacent single-family.

773
01:02:22,000 --> 01:02:32,000
 So we did perform a public outreach as per our code and per state law I did receive I received two

774
01:02:32,000 --> 01:02:39,200
 responses in opposition of the request one of them has since been rescinded and they had talked to

775
01:02:39,200 --> 01:02:46,080
 the applicant about about this project that has made a support of that project that came in after

776
01:02:46,080 --> 01:02:49,760
 this report was made and stuff like that so one of them has been rescinded and then one

777
01:02:49,760 --> 01:02:56,560
 response has been received in favor since the sending out of the notice and and staff reports

778
01:02:56,560 --> 01:03:04,720
 to you all. So with that staff is recommending approval of the of the request as it complies with

779
01:03:04,720 --> 01:03:10,320
 the appropriate criteria of the development code and I will stand for any questions you have at

780
01:03:10,320 --> 01:03:17,280
 this time. Thank you ma'am. I've got a question there was a neighborhood meeting correct do you

781
01:03:17,280 --> 01:03:23,680
 know any details on that? Yes so in that they gave the general presentation basically what I just

782
01:03:23,680 --> 01:03:29,680
 discussed with you all as far as citizen feedback there wasn't much there was general support for

783
01:03:29,680 --> 01:03:35,200
 the people who attended I think there was two neighborhood meetings there was one during the

784
01:03:35,200 --> 01:03:40,400
 day and I believe one person virtually attended that meeting and then there was another meeting

785
01:03:40,400 --> 01:03:46,400
 where two I believe two residents attended that meeting and again there was just general overall

786
01:03:46,400 --> 01:03:53,920
 support no major concerns were were noted. Okay great questions at this time for Mia.

787
01:03:56,000 --> 01:03:59,920
 Mia is the applicant here do they have a presentation at all? Yes hello Greg.

788
01:03:59,920 --> 01:04:04,000
 Well I will go ahead and invite the applicant up here.

789
01:04:26,000 --> 01:04:36,000
 Good evening.

790
01:04:36,000 --> 01:04:42,720
 Thank you for your service as always my name is Greg Johnson address is 3190 Teasley

791
01:04:42,720 --> 01:04:51,120
 Denton Texas 76205 just up the road from this parcel. I am representing the owner

792
01:04:51,680 --> 01:04:59,200
 the seller he is in Florida so I'm going to be here speaking on his behalf. I have a brief

793
01:04:59,200 --> 01:05:04,640
 presentation and then I'll certainly stand for questions so the current use as you may know

794
01:05:04,640 --> 01:05:10,160
 is a concrete batch plant that's been there way longer than it should have been for the widening

795
01:05:10,160 --> 01:05:17,280
 of Teasley. So why a PD overlay? Well we are PD overlay number one the first ever and that's

796
01:05:17,280 --> 01:05:23,200
 something that the council passed late last year with the idea being when you have a PD and you

797
01:05:23,200 --> 01:05:29,520
 want to make some modifications to it an overlay versus a whole new PD and so we're we're learning

798
01:05:29,520 --> 01:05:33,760
 along with the staff on this new process and I'm going to say they've been really really good to

799
01:05:33,760 --> 01:05:39,440
 work with on this. So a couple things about this this is a legacy PD meaning it was not a PD

800
01:05:39,440 --> 01:05:46,400
 originally it was straight zoned and as changes got made when the when the citywide rezoning happened

801
01:05:47,520 --> 01:05:53,760
 some of these properties that were zoned with conditions became PDs. It's old it falls under

802
01:05:53,760 --> 01:06:01,280
 the 2002 DDC it's an opportunity to clean up the PD and also dress up the secondary entrance to the

803
01:06:01,280 --> 01:06:07,840
 neighborhood. The single-family neighborhood to the west the main entrance is on Ryan Hunters Creek

804
01:06:07,840 --> 01:06:13,200
 Road was put in by Mr. Button the guy that owns this land he owned the big mobile home park that

805
01:06:13,200 --> 01:06:18,000
 used to be there many years ago and has just slowly sold off the parcels as it made sense the

806
01:06:18,000 --> 01:06:23,040
 single-family in the back the multi-family that buffers it and now it's time to start selling

807
01:06:23,040 --> 01:06:31,840
 the commercial lots on the front. We've worked very closely with staff on the I want to be clear

808
01:06:31,840 --> 01:06:37,680
 staff's recommendation was the modification to the SC zoning and I think in a minute you'll see why

809
01:06:37,680 --> 01:06:45,040
 that made sense but I think that what this overlay will do is eliminate the potential for any future

810
01:06:45,040 --> 01:06:50,160
 eyesores or uses that probably don't make sense there and provide similar services to the

811
01:06:50,160 --> 01:06:57,360
 neighborhoods as what you see in other corners up and down Teasley. We worked closely together

812
01:06:57,360 --> 01:07:03,120
 with staff and they were wonderful and we went through the SC zoning and basically carved out

813
01:07:04,000 --> 01:07:09,600
 everything that didn't make sense here and so these are small one-acre lots one to two acre lots

814
01:07:09,600 --> 01:07:16,480
 and uses that make sense to serve neighborhoods just like you see up and down Teasley today being

815
01:07:16,480 --> 01:07:20,480
 being a suburban corridor that it is. I'm not going to read all those to you but

816
01:07:20,480 --> 01:07:25,920
 staff actually had some suggestions we had some suggestions and we worked together to

817
01:07:25,920 --> 01:07:34,560
 come up with this list and that's all part of the PD overlay. So this corner this corner was zoned

818
01:07:34,560 --> 01:07:41,600
 in our MU forever ago when it was still a mobile home park and as the corridor has grown as many

819
01:07:41,600 --> 01:07:49,280
 of you know the the uses that make sense on corners like this have shown up so if you look

820
01:07:49,280 --> 01:07:55,440
 at similar corners up and down Teasley you'll see directly across the street from at Walmart

821
01:07:55,440 --> 01:08:02,400
 the retail across the street from Walmart to be clear that on the zoning map it was showing up

822
01:08:02,400 --> 01:08:07,200
 incorrectly so I created that square to show at the southeast corner of Teasley Robinson that's a

823
01:08:07,200 --> 01:08:13,440
 that's a PD but very similar uses to this Sprout Center, Walgreens, McDonald's, etc. So just trying

824
01:08:13,440 --> 01:08:18,320
 to illustrate that this corner is really exactly like the rest of these in terms of the corridor

825
01:08:18,320 --> 01:08:24,720
 with with the single family behind it. This one's pretty unique though and I'll show you why that's

826
01:08:24,720 --> 01:08:28,880
 just an aerial of the of those same similar corners to see what the area looks like.

827
01:08:28,880 --> 01:08:32,960
 So this this area is really unique in that there's a creek

828
01:08:32,960 --> 01:08:41,600
 that runs all the way through the property here and so you'll see a minute in the minute on the

829
01:08:41,600 --> 01:08:49,200
 on the approved permanent plat there's a big drainage easement here that runs all the way

830
01:08:49,200 --> 01:08:53,920
 through the property north to south so you can see sort of that natural separation that happens

831
01:08:54,480 --> 01:09:00,640
 between the residential and the commercial. So you don't often have something like this when

832
01:09:00,640 --> 01:09:06,480
 you're developing a commercial site up this close to a major road it just really worked out great

833
01:09:06,480 --> 01:09:14,000
 that way and frankly years ago when the single family was approved the city said hey we'd really

834
01:09:14,000 --> 01:09:19,040
 like to see a grocery store here which is what we set out to do probably 10 years ago and we recruited

835
01:09:19,040 --> 01:09:24,720
 every grocery store we could find they all had their spot with the exception of walmart and sprouts

836
01:09:24,720 --> 01:09:29,200
 they looked at this site the problem is you've got a creek running down the middle of it so you'd

837
01:09:29,200 --> 01:09:33,920
 have to capture all that under your parking lot it just doesn't make sense which is why we then

838
01:09:33,920 --> 01:09:39,360
 pivoted to multifamily is a great buffer between commercial and single family but we still have

839
01:09:39,360 --> 01:09:47,040
 this big green space here so it provides roughly 55 feet of separate of natural separation that

840
01:09:47,040 --> 01:09:53,680
 can't ever be touched because it's a drainage easement so this is the preliminary plat that's

841
01:09:53,680 --> 01:09:57,760
 already approved and as you'll see the apartments are already back here but you can see this big

842
01:09:57,760 --> 01:10:04,960
 drainage easement that rolls down the middle of it here and so the perspective use types we have a

843
01:10:04,960 --> 01:10:13,280
 coffee shop with a drive-through here we have a frozen custard i said frozen custard that we all

844
01:10:13,280 --> 01:10:20,000
 might be able to figure out who it is the the concrete batch plant is still here and so we've

845
01:10:20,000 --> 01:10:26,480
 not entertained any contracts on these lots yet because we can't really predict exactly when

846
01:10:26,480 --> 01:10:32,480
 they'll be gone we don't want to encumber those these north lots up here are not encumbered by

847
01:10:32,480 --> 01:10:38,560
 that at this time and so you know what you'll see is the depth of these lots is kind of your typical

848
01:10:38,560 --> 01:10:45,680
 small retail neighborhood service depth we're showing them all pretty much as one acre so small

849
01:10:45,680 --> 01:10:52,960
 buildings again with quite a bit of separation between them we did have two neighborhood

850
01:10:52,960 --> 01:10:58,960
 meetings i felt they were very productive and positive the comments from the neighbors were

851
01:10:58,960 --> 01:11:05,440
 actually a lot more positive than the typical neighborhood meeting so i was pleased that last

852
01:11:05,440 --> 01:11:13,120
 one i don't know like how that got in there none of them said that but on serious note the like it

853
01:11:13,120 --> 01:11:17,200
 was a very collaborative meeting one of the guys both of the people that attended neighborhood

854
01:11:17,200 --> 01:11:22,960
 meetings back up to the north lots so they just have the green space separating them from the

855
01:11:22,960 --> 01:11:30,320
 commercial they don't have the multifamily so they were this house and this house

856
01:11:31,840 --> 01:11:35,920
 and so one of the things they said was hey i know that's a big green space but during the winter

857
01:11:35,920 --> 01:11:42,080
 those leaves all fall we can hear the traffic from teesley do you think these users when they come

858
01:11:42,080 --> 01:11:47,680
 in would be willing to build a solid fence on their side of the drainage easement to block that

859
01:11:47,680 --> 01:11:53,120
 noise we thought it was a great idea it doesn't hurt the commercial developer it helps the

860
01:11:53,120 --> 01:11:57,600
 neighbors and so we just agreed with me hey just put that in obviously when they come in they're

861
01:11:57,600 --> 01:12:02,320
 going to have to go through the whole process site plan approval etc but that's a condition that we

862
01:12:02,320 --> 01:12:08,960
 we agreed we just never thought of that but we agreed and put it in so very collaborative

863
01:12:08,960 --> 01:12:15,200
 neighborhood meetings the teesley widening is finally finished amen they're pouring sidewalks

864
01:12:15,200 --> 01:12:19,760
 now so they should all be gone from out of there but six lanes abided my office is right up the

865
01:12:19,760 --> 01:12:23,440
 street from this and i can tell you it's completely different now i mean the traffic's flowing great so

866
01:12:24,080 --> 01:12:29,440
 now it's time to put this corner corner to proper use the use types are consistent with the future

867
01:12:29,440 --> 01:12:33,520
 land use plan there's still demand for additional services up and down here that's who wants to be

868
01:12:33,520 --> 01:12:39,760
 here similar to what you see at the same kind of corners up and down teesley and so that's that's

869
01:12:39,760 --> 01:12:48,160
 really all i have to share other than i just clarification so three respondents on in favor

870
01:12:48,160 --> 01:12:54,000
 or not two were in favor one was not in favor the one that's not in favor lives across the street

871
01:12:54,000 --> 01:12:58,800
 on the other side of teesley and he's not in favor as he wrote on his thing because he just doesn't

872
01:12:58,800 --> 01:13:05,280
 like greg johnson so that happens um but you know it made me feel good that the two people who back

873
01:13:05,280 --> 01:13:11,680
 up to it the closest listened really were appreciative of the fact that we've eliminated

874
01:13:11,680 --> 01:13:17,840
 all these other uses gave some input and they're both and they're both in favor so we appreciate

875
01:13:17,840 --> 01:13:25,680
 that so i'll stand for any questions thank you mr johnson uh questions at this time okay i have a

876
01:13:25,680 --> 01:13:32,240
 couple um so i asked him at work session so just a couple things with like what you said with your

877
01:13:32,240 --> 01:13:40,320
 beginning of your presentation so i mean we already have a pd in place here right so the

878
01:13:40,320 --> 01:13:47,280
 background is it was approved nr6 with overlay conditions back in the day 2014 because that's

879
01:13:47,280 --> 01:13:54,000
 what that's what we did then with restrictions right on a zoning case so that's what was in place

880
01:13:54,000 --> 01:13:59,840
 so with the new code it just transitioned since there were no more zoning with overlay it's now pd

881
01:13:59,840 --> 01:14:05,600
 whatever base zoning and the pd means that that's where all those overlay conditions are

882
01:14:05,600 --> 01:14:12,720
 so we have in place right now pdmn correct so that's what's currently that's what we're looking at

883
01:14:12,720 --> 01:14:20,800
 so what i want to know is and there's plenty of commercial uses in mn so i'm trying to understand

884
01:14:20,800 --> 01:14:28,800
 exactly the request what are you trying to get there that is not allowed as it's done right now

885
01:14:28,800 --> 01:14:36,000
 what you're trying to do yeah so you know when you have like one acre commercial lots along a

886
01:14:36,000 --> 01:14:40,240
 frontage road like teasley you don't really know who your users are ultimately going to be sure

887
01:14:40,240 --> 01:14:45,200
 right you're going to figure out about based on who wants to be there and so mn for an example

888
01:14:45,200 --> 01:14:50,560
 restaurant with drive-through can go there they have to get an sup for the drive-through right

889
01:14:50,560 --> 01:14:55,600
 well based on who we know wants to be there because that's the ones who are calling

890
01:14:55,600 --> 01:15:02,640
 and frankly what you see on similar corners all up and down teasley sc is what makes sense that's

891
01:15:02,640 --> 01:15:10,080
 why all those are zoned sc well we could allow really how this all started was the frozen custard

892
01:15:10,400 --> 01:15:14,560
 people had a pre-app and they called me and they said hey we're going to need more time

893
01:15:14,560 --> 01:15:21,120
 on our contract because we have to go get an sup frankly i didn't remember it's been so long

894
01:15:21,120 --> 01:15:27,840
 ago since the apartments went in and in the in the some of the language as per staff it could use

895
01:15:27,840 --> 01:15:36,080
 some cleaning up there's some gray so as i looked at it i said well so for we know for sure there's

896
01:15:36,080 --> 01:15:42,160
 two people that want to drive through so that's a neighborhood meeting or two public notices staff

897
01:15:42,160 --> 01:15:48,560
 time public hearing city council etc and the staff would really like to see this updated

898
01:15:48,560 --> 01:15:57,200
 because it's 2002 code and there's some gray in the writing of the pd and so staff's recommendation

899
01:15:57,200 --> 01:16:02,400
 was hey we have this new pd overlay thing that council just voted in for just this type of purpose

900
01:16:04,160 --> 01:16:10,720
 so in my mind rather than have two or three public hearings on sup's for drive-throughs

901
01:16:10,720 --> 01:16:17,360
 in mn because then mn has its own set of issues right building has to be on the front

902
01:16:17,360 --> 01:16:21,520
 you can't have a building on the front if you have if you have to circulate the building

903
01:16:21,520 --> 01:16:26,800
 so if you're going to circulate a building on an individual lot the building can't be on the front

904
01:16:26,800 --> 01:16:33,840
 because you can't circulate it so it brings up all these other issues right so my idea was

905
01:16:34,240 --> 01:16:39,440
 why don't we just fix this one time instead of having multiple sup's and then have to deal with

906
01:16:39,440 --> 01:16:44,240
 you'd have a variance on every one because you can't circulate a building if it has to be on the

907
01:16:44,240 --> 01:16:49,680
 frontage so let's just fix it and staff liked it because it allowed them to fix some of the old

908
01:16:49,680 --> 01:16:57,440
 issues and bring it up to the new code versus building under the 2002 lastly it gave us the

909
01:16:57,440 --> 01:17:04,480
 opportunity the city to do some special things on that hunters creek road which is really a secondary

910
01:17:04,480 --> 01:17:10,640
 entrance for the neighborhood but like they have to do pattern concrete they can't just do regular

911
01:17:10,640 --> 01:17:16,560
 concrete on the sidewalks and upgraded landscaping and the signs can only be eight feet so it gave

912
01:17:16,560 --> 01:17:21,360
 the staff the opportunity because it's a pd overlay to get some things that really make that entrance

913
01:17:21,360 --> 01:17:29,840
 look better okay and i understand that so you know but one thing that you know i take into

914
01:17:29,840 --> 01:17:35,760
 consideration especially here is all the density of housing that is there at that is there and

915
01:17:35,760 --> 01:17:44,160
 already in place and that we have already again there is a pd in place right now and the reason

916
01:17:44,160 --> 01:17:52,560
 we have specific use permits are to look through the site plan and make sure that it fits and we've

917
01:17:52,560 --> 01:18:02,320
 got protections in place per that use and that's going to go away and i believe that's the end game

918
01:18:02,320 --> 01:18:07,280
 is for that to go away by making this pdsc instead of pdmn because you can still get a

919
01:18:07,280 --> 01:18:10,960
 drive-through in there it's just going to it's just going to be a little more difficult

920
01:18:11,600 --> 01:18:17,120
 yeah sure i mean the the or the question is do you want to look at every one of these lots as an

921
01:18:17,120 --> 01:18:21,520
 individual project or do you want to look at the whole thing as a project and have the opportunity

922
01:18:21,520 --> 01:18:29,760
 to get some of the things that you want right and i would say if if what you saw up and down teesley

923
01:18:29,760 --> 01:18:36,320
 on all the corners was mn then i would say this is really an unfair request but the fact is all

924
01:18:36,320 --> 01:18:42,320
 the similar corners to it are straight sc without limitations and so it seems to me like that those

925
01:18:42,320 --> 01:18:47,760
 uses are the logical uses for the corner you know for the site because that's what's already up and

926
01:18:47,760 --> 01:18:56,320
 down the road and yes you certainly could leave mn in place and and have them build under the 2002

927
01:18:56,320 --> 01:19:02,160
 ddc and have each one who wanted to drive through come in but ultimately what you would end up doing

928
01:19:02,800 --> 01:19:08,400
 is every one of those sites would be a pd because you'd have to modify i mean mn zoning has a lot of

929
01:19:08,400 --> 01:19:13,040
 issues right and so it makes sense if you're in a green field and you know it's all going to be

930
01:19:13,040 --> 01:19:17,360
 office and you know there's going to be cross-excess across them all and nobody has to circulate all

931
01:19:17,360 --> 01:19:22,240
 those things but i think what you'd end up with on every one of these sites is like its own little

932
01:19:22,240 --> 01:19:28,240
 mini pd that would be an sup within the pd that's what it would be well yeah the sdp but then you

933
01:19:28,240 --> 01:19:32,160
 have to do all kinds of design changes i would think if you want to circulate the building

934
01:19:32,160 --> 01:19:37,200
 perhaps i mean that's yeah that's not what i do but i mean as far as yeah engineers who could

935
01:19:37,200 --> 01:19:43,840
 so yes but to answer your question the purpose is it's it's a legacy pd it wasn't really a pd per

936
01:19:43,840 --> 01:19:50,720
 the way they they get done no i mean it wasn't a pd to begin with it was a it was a zoning with

937
01:19:50,720 --> 01:19:57,680
 overlay conditions right so it was never it was a pd as we knew pd back then um okay so that answered

938
01:19:57,680 --> 01:20:03,040
 most of my questions um thank you and i i guess just to address what you had said about up and

939
01:20:03,040 --> 01:20:08,320
 down teasley being sc i understand what you're saying and i understand what teasley is now

940
01:20:08,320 --> 01:20:15,200
 i live right over there and i'm on that road often um this particular intersection however

941
01:20:15,200 --> 01:20:21,760
 with all of its housing with its elementary school it it's a little it just it works a little bit

942
01:20:21,760 --> 01:20:27,440
 differently than some of the other places up and down teasley um so i'll just say that for now we've

943
01:20:27,440 --> 01:20:34,240
 got another question for you commissioner pruett thank you chair um have you had any discussions

944
01:20:34,240 --> 01:20:40,640
 in the meetings or external to them with uh school officials or the the school district about the

945
01:20:40,640 --> 01:20:47,920
 school across the street and what the impact this would be to that um no i mean because

946
01:20:47,920 --> 01:20:53,360
 obviously the all of the alcohol provisions would be in place you know the the setbacks for that and

947
01:20:53,360 --> 01:21:01,760
 so we haven't we haven't really had a need to do that um the hunters creek road just so you know

948
01:21:01,760 --> 01:21:07,440
 when the apartments went in they did the traffic study to see if a signal would warrant it was

949
01:21:07,440 --> 01:21:14,160
 close to warranting for a signal and what what text dot said was probably once these commercial

950
01:21:14,160 --> 01:21:19,280
 lots develop maybe even one of them the signal will warrant so what i would expect would happen

951
01:21:19,280 --> 01:21:24,000
 is as soon as one or two of these things develop the signal is going to warrant you know they'll

952
01:21:24,000 --> 01:21:28,480
 have to make a contribution and then you'll have a signal hunters creek but in terms of the impact

953
01:21:28,480 --> 01:21:35,760
 of the school um you know the the benefit to the kids there obviously is if they live in this

954
01:21:35,760 --> 01:21:41,280
 neighborhood there's no sidewalk on ryan and there's a sidewalk now on hunters creek but there's no

955
01:21:41,280 --> 01:21:47,120
 sidewalk across the front so the idea here would be as these lots develop you'd have a sidewalk

956
01:21:47,120 --> 01:21:53,760
 that would run and so the kids could technically cross teesley take the sidewalk down teesley to

957
01:21:53,760 --> 01:21:57,760
 the sidewalk on hunters creek and be able to walk safely back into the neighborhood if that's what

958
01:21:57,760 --> 01:22:02,560
 you meant by a school district safety of the kids it's it's all encompassing so thank you that that

959
01:22:02,560 --> 01:22:10,560
 helps um i guess um since you mentioned you know the possibility of hunters creek and that sort of thing um

960
01:22:15,680 --> 01:22:22,400
 would this development i mean i think the the de facto standard would be everybody individually

961
01:22:22,400 --> 01:22:28,080
 applies to tex dot for right of way access permit onto teesley and and that sort of thing right

962
01:22:28,080 --> 01:22:36,800
 would this development still work if the access instead were taken off of hunters creek through a

963
01:22:36,800 --> 01:22:42,480
 light that's actually how it's designed so all of the access will flow um

964
01:22:44,880 --> 01:22:49,120
 you'll you'll have you see how you might be able to see how the engineers drawn it in so there's

965
01:22:49,120 --> 01:22:55,440
 cross access across all the lots and then access to teesley so all these lots would have to flow

966
01:22:55,440 --> 01:23:03,040
 internally out to teesley here or out to ryan here which would be a ride out only so these would all

967
01:23:03,040 --> 01:23:08,240
 have connectivity internally but then out onto hunters creek and then out of the line so there

968
01:23:08,240 --> 01:23:13,280
 wouldn't be any curb cuts between those lots and teesley directly i don't think any are shown i

969
01:23:13,280 --> 01:23:18,560
 mean i think there might there's certainly not room up here on the north side you know the distance

970
01:23:18,560 --> 01:23:24,800
 requirement between hunters creek and teesley i don't know there's probably a distance but it

971
01:23:24,800 --> 01:23:30,800
 would be a right in right out only here for sure okay but you'd have to have it like you know split

972
01:23:30,800 --> 01:23:36,080
 a lot in between two users right so if there was going to be one there probably would only be one

973
01:23:36,080 --> 01:23:40,160
 like down here somewhere in the middle right in right out only because the median break is up here

974
01:23:41,600 --> 01:23:50,480
 okay thank you any other questions at this time for mr johnson tina if i could add clarification

975
01:23:50,480 --> 01:23:54,320
 so i've asked hayley to come down because she understands the zoning history a little bit better

976
01:23:54,320 --> 01:23:58,640
 than i do and i went back and look at the report so i know we've had a fair amount of discussion

977
01:23:58,640 --> 01:24:03,360
 about pdmn and the use is allowed for within the mn district but it actually the way this plan

978
01:24:03,360 --> 01:24:09,440
 development district is structured it reverts back from uses standpoint to the nrmu and from

979
01:24:09,440 --> 01:24:15,360
 what i understand nrmu did require a specific use permit for drive-through uses at that given time

980
01:24:15,360 --> 01:24:21,040
 the other thing is um just wanted to um put a finer point on what mr johnson had mentioned so

981
01:24:21,040 --> 01:24:26,560
 you know if if they were to come in with a specific use permit on each of these sites

982
01:24:26,560 --> 01:24:31,600
 and were seeking to modify the the development standards to try and make the site work that

983
01:24:31,600 --> 01:24:36,160
 would put them in a plan development district situation because they would not be able to vary

984
01:24:36,160 --> 01:24:41,520
 any of the standards to the specific use permit process so hence why we went and we took some of

985
01:24:41,520 --> 01:24:45,600
 those factors into consideration is trying to determine what might be the better path forward

986
01:24:45,600 --> 01:24:51,600
 for this site to try and be able to address some continuity in the design standards and looking at

987
01:24:51,600 --> 01:24:56,720
 more from a holistic approach compared to a piecemeal site-by-site approach so hence why

988
01:24:56,720 --> 01:25:00,880
 our recommendation was for the plan development district with the sc base zoning and then working

989
01:25:00,880 --> 01:25:06,720
 with the standards as provided for in in the overlay pd

990
01:25:06,720 --> 01:25:15,040
 okay thanks tina i was just looking up um in some of the backup

991
01:25:15,040 --> 01:25:24,480
 yeah so i'm not sure where nrmu came from um i guess it's just not here in the history

992
01:25:27,120 --> 01:25:33,040
 oh maybe it is it's correct and and that's why i hate feeling understands it much better than i

993
01:25:33,040 --> 01:25:36,880
 do well i think it's i think it's just we're missing something in this chart here that doesn't make

994
01:25:36,880 --> 01:25:41,920
 sense in our backup because yeah there's a step that's that's missed um in that so thank you for

995
01:25:41,920 --> 01:25:48,480
 that explanation um any other questions right now for mr johnson we may invite you back up though

996
01:25:48,480 --> 01:25:54,320
 you're sticking around right okay um i do have a couple of cards wishing to speak on this item i'm

997
01:25:54,320 --> 01:26:03,920
 going to invite uh roger anderson good evening if you'll give us your name and address your time

998
01:26:03,920 --> 01:26:13,360
 will begin i'm roger anderson 2801 san philippe drive um i live in the summit oaks um a subdivision

999
01:26:13,360 --> 01:26:20,640
 which has an entrance um it's called heights boulevard which is directly um in line with

1000
01:26:20,640 --> 01:26:31,920
 hutters creek um i'm in favor of the um proposal here that greg johnson has put forward um i'm

1001
01:26:31,920 --> 01:26:39,040
 especially pleased that they have excluded things like uh smoke shops and tattoo parlors

1002
01:26:39,040 --> 01:26:45,440
 um i hope the smoke shop is also excluding a vape shop we have plenty of those elsewhere

1003
01:26:46,400 --> 01:26:53,760
 um the reason i came today is that i in paragraph 11 of the staff analysis

1004
01:26:53,760 --> 01:27:00,640
 they refer to the traffic controls and greg also mentioned that it was close to being

1005
01:27:00,640 --> 01:27:11,040
 required for the area based on the traffic studies and i very much encourage that we do get

1006
01:27:11,040 --> 01:27:18,080
 traffic control lights at that intersection it's fairly dangerous to make a left turn out of heights

1007
01:27:18,080 --> 01:27:24,960
 because of the site visibility people sitting in cars trying to pull out you have to pull out

1008
01:27:24,960 --> 01:27:33,040
 all the way onto the walk path that's the marking for the sidewalk across heights to be able to see

1009
01:27:33,040 --> 01:27:38,960
 both left and right and people are not driving the speed limit which i don't think has too many

1010
01:27:38,960 --> 01:27:47,280
 postings up yet and anybody coming south on teasley if they have their lights on we get about five

1011
01:27:47,280 --> 01:27:55,280
 seconds before they hit the cross street and then that's the amount of time we have to pull out

1012
01:27:55,280 --> 01:28:04,400
 so anyway that's all i came for was to address that and i hope that staff the planning commissioners

1013
01:28:04,400 --> 01:28:11,120
 and the city council will help push the state to approve traffic controls there thank you thank you

1014
01:28:11,120 --> 01:28:17,600
 mr anderson for coming out to speak um i've got another card here um michael doranski

1015
01:28:17,600 --> 01:28:27,360
 good evening if you'll state your name and address your time will begin you bet

1016
01:28:27,360 --> 01:28:34,640
 thanks michael doranski i had the property at 39 24 teesley lane my experiences as mr johnson says

1017
01:28:34,640 --> 01:28:38,880
 we don't tend to get along or see eye to eye with some things and it's not just because

1018
01:28:38,880 --> 01:28:43,760
 i don't care for the man as to why i'm in opposition to this but i have had experiences

1019
01:28:43,760 --> 01:28:50,480
 with him and my most recent not most recent but one of my first dealings with him was how we got

1020
01:28:50,480 --> 01:28:55,440
 the buckies and denton in my property butted up right next to the back of buckies neighborhood

1021
01:28:55,440 --> 01:29:00,240
 meetings were held mr hawkins came by talked to all of his neighbors said hey don't come to the

1022
01:29:00,240 --> 01:29:06,800
 meetings tonight because i'm just going to get this postponed and it did not get postponed and

1023
01:29:06,800 --> 01:29:13,440
 that was approved and as i said was my first experience i had a more recent experience with

1024
01:29:13,440 --> 01:29:19,440
 him and his company and the sale of one of my properties off of there and i was really not happy

1025
01:29:20,480 --> 01:29:25,760
 with the experience off of there i mean i paid this company over six figures even to represent

1026
01:29:25,760 --> 01:29:33,120
 me in that process i he didn't even no one even showed up to closing didn't get a thank you card

1027
01:29:33,120 --> 01:29:39,200
 none of those type of pieces and is that personal yeah it probably is personal but it is my dealings

1028
01:29:39,200 --> 01:29:46,320
 of actual having a relationship of dealing with him and his company and part of this piece of this

1029
01:29:46,320 --> 01:29:51,360
 property is that as you said part of it dumps out on the ryan road which is a two-lane road

1030
01:29:51,360 --> 01:29:58,080
 that is going to increase the traffic dramatically off of there it already is kind of a confusing

1031
01:29:58,080 --> 01:30:02,080
 piece already with the wal-mart in the neighborhood piece where all of a sudden it branches out into

1032
01:30:02,080 --> 01:30:07,920
 like five different lanes from a two-lane road off of there there is an elementary school as everyone

1033
01:30:07,920 --> 01:30:12,480
 has kind of mentioned off of there i do not know how the school feels about it but i do know that

1034
01:30:13,280 --> 01:30:18,080
 that is not initially the most safest intersection if i had a kid walking home

1035
01:30:18,080 --> 01:30:24,400
 from that school the speed limit is quite high i do not know if there's been i haven't seen the

1036
01:30:24,400 --> 01:30:30,560
 proposals for any type of deceleration lanes to try to make sure that a child isn't hit or anything

1037
01:30:30,560 --> 01:30:35,120
 along those lines even though it's one got the one interest i haven't seen or didn't see the proposal

1038
01:30:35,120 --> 01:30:40,320
 off of there part of these protections that are put in place by having this zoning yes i understand

1039
01:30:40,320 --> 01:30:47,280
 this market type pieces to it but i think the citizens they are having the ability to review

1040
01:30:47,280 --> 01:30:52,560
 each proposal off of there to see if it meets what they actually expect to go in there is a benefit

1041
01:30:52,560 --> 01:30:55,840
 to those people who have those houses that are budding up right next to it not to have to deal

1042
01:30:55,840 --> 01:31:02,960
 with the light pollution or the smog from ireland cars or just the fact of just noise and whatnot

1043
01:31:02,960 --> 01:31:08,080
 from having to hear either outdoor patios or whatever that could get possibly go in there so

1044
01:31:08,080 --> 01:31:13,120
 having that is only gives them the protection to kind of review each individual piece of property

1045
01:31:13,120 --> 01:31:20,000
 that would go in there you know mr johnson has my phone he didn't call me so it's not like i don't

1046
01:31:20,000 --> 01:31:24,640
 know we could have worked this pieces out but it's not like he doesn't really i'm not a stranger to

1047
01:31:24,640 --> 01:31:29,600
 him maybe it's the best way to put that and whatever concerns i had that was not reached out to me

1048
01:31:29,600 --> 01:31:34,160
 off of these pieces i have no idea if he understood even my frustration to begin with

1049
01:31:35,040 --> 01:31:38,160
 on these other pieces but that's why i'm here tonight to express my frustration

1050
01:31:38,160 --> 01:31:43,840
 off of here and taking an elementary school like that that does have kids coming and going

1051
01:31:43,840 --> 01:31:49,920
 neighborhoods backing up to it that buckies it was back then mr hawkins came by and basically said hey

1052
01:31:49,920 --> 01:31:55,440
 a car dealership can go here a six-story apartment complex in here we can store nuclear radiation

1053
01:31:55,440 --> 01:32:00,160
 which i know is funny but my point is is that hey you you guys should accept this because these are

1054
01:32:00,160 --> 01:32:06,400
 your other possibilities out there and i understand this is not in the same realm this is not the same

1055
01:32:06,400 --> 01:32:10,400
 type of piece but i do think that having the protections put in place for these citizens to

1056
01:32:10,400 --> 01:32:14,880
 review each individual piece of proposal that comes out there it is important to them it's

1057
01:32:14,880 --> 01:32:19,040
 important to me too knowing that i have a piece of property on ryan that basically this is also

1058
01:32:19,040 --> 01:32:24,240
 an exit way for these people to exit off of that property and it's already extremely confusing when

1059
01:32:24,240 --> 01:32:30,400
 you come out and it branches out from two to five lanes real quick thank you for sharing your thoughts

1060
01:32:30,400 --> 01:32:36,560
 and concerns and and um yeah i mean i do concur with the you know the the traffic mess around there

1061
01:32:36,560 --> 01:32:43,120
 um that's definitely not mr johnson's responsibility um but um certainly i know us as a city has that on

1062
01:32:43,120 --> 01:32:48,960
 the radar to continue to see what we can do with text dot um because yeah a light is desperately

1063
01:32:48,960 --> 01:32:55,440
 needed um somewhere i mean probably at that intersection of heights and and um hunters creek

1064
01:32:55,440 --> 01:33:02,880
 um i don't have any other cards here in front of me is there anyone else here wishing to speak on

1065
01:33:02,880 --> 01:33:13,680
 this item okay seeing none i will go ahead and close the public hearing and um open the floor

1066
01:33:13,680 --> 01:33:19,200
 for discussion commissioner pruett thank you chair i have two short questions for staff me i think

1067
01:33:19,200 --> 01:33:27,680
 you may be able to handle this um number one um in the applicant's uh presentation he mentioned

1068
01:33:27,680 --> 01:33:36,480
 that the uh existing concrete batch plant uh one thing that the zoning for the purpose of of this

1069
01:33:36,480 --> 01:33:42,160
 type of development would do would be to uh to make sure that another concrete batch plant couldn't go

1070
01:33:42,160 --> 01:33:49,120
 there am i correct in understanding that if development were made to increase the size of

1071
01:33:49,120 --> 01:33:52,960
 that batch plant or something then that wouldn't be allowed under the current zoning under the

1072
01:33:52,960 --> 01:34:00,720
 current use um in other words can you give me a picture of what the risk is of that batch plant

1073
01:34:00,720 --> 01:34:11,120
 getting worse with our current zoning restrictions so i know i know that batch plants currently are

1074
01:34:11,120 --> 01:34:18,400
 permitted with you specific standards i know that with the proposed pd they would be um prohibited

1075
01:34:18,400 --> 01:34:24,560
 so i can't imagine that the the expansion of the existing use would take place under the the current

1076
01:34:24,560 --> 01:34:31,520
 or under the proposed pd right i guess i'm more interested to hear but with the current zoning

1077
01:34:31,520 --> 01:34:39,840
 right um with the the pd and then from the overlay um i'm just trying to understand what our exposure

1078
01:34:39,840 --> 01:34:47,440
 is from a risk perspective i'm not sure of the entire history on the current batch plant but

1079
01:34:47,440 --> 01:34:52,000
 my understanding is it is there because it is text dot and as a state facility they were able

1080
01:34:52,000 --> 01:34:56,320
 to put their batch plant where they needed to in proximity to their projects i don't believe it's

1081
01:34:56,320 --> 01:35:00,400
 a matter of either current or proposed zoning actually permitting that used to be there it's

1082
01:35:00,400 --> 01:35:10,960
 state preemption essentially okay thank you very much and then uh number two um would staff um

1083
01:35:10,960 --> 01:35:18,560
 would it would it be within the bounds of these overlay pds that we're trying to understand here

1084
01:35:18,560 --> 01:35:26,880
 since this is the first one um to put a condition such that uh direct access to Teasley lane on the

1085
01:35:26,880 --> 01:35:34,800
 eastern side of these parcels uh is either not allowed or required to be closed at such point

1086
01:35:34,800 --> 01:35:41,680
 when a signal would be added to uh help me out on the road sorry uh hickory hickory lane or whatever

1087
01:35:41,680 --> 01:35:49,120
 uh that's the wrong name i'm sorry the east west road that divides the two parcels i'm going to

1088
01:35:49,120 --> 01:35:54,720
 bring up our transportation planner to speak to that a little bit well and while Karina is walking

1089
01:35:54,720 --> 01:36:01,760
 up so in terms of you know could a condition be added so because this is an overlay pd if the

1090
01:36:01,760 --> 01:36:06,560
 commission were interested in restricting access to Teasley lane for example no access drive

1091
01:36:06,560 --> 01:36:11,600
 approaches shall be provided to Teasley lane for you know the southern parcel the northern parcel

1092
01:36:11,600 --> 01:36:17,360
 or both however you want to address it you know you could recommend that that condition be included

1093
01:36:17,360 --> 01:36:22,320
 within the planned development district you may want to ask the the applicant whether or not they'd

1094
01:36:22,320 --> 01:36:27,520
 be supportive of that condition or not but that is something that could be be added the other thing

1095
01:36:27,520 --> 01:36:32,160
 and Karina may be speaking to this as well is that you know when the commercial development comes in

1096
01:36:32,160 --> 01:36:37,760
 we evaluate the the trip generation associated with it and based upon and i went back and double

1097
01:36:37,760 --> 01:36:42,320
 checked in our staff report that we did report that we would anticipate a traffic impact analysis

1098
01:36:42,320 --> 01:36:45,600
 will be required for the development of the property but Karina i didn't know if you had

1099
01:36:45,600 --> 01:36:51,440
 anything else on that yes so Karina Maldonado transportation planner um so to address the first

1100
01:36:51,440 --> 01:36:56,720
 question about access off of Teasley so our development code currently restricts direct

1101
01:36:56,720 --> 01:37:02,720
 access to an arterial which would be Teasley lane if they can take access from a lower classified

1102
01:37:02,720 --> 01:37:09,120
 roadway which is hunters creek so we would already be restricting driveways off of Teasley

1103
01:37:09,120 --> 01:37:15,120
 and request that they take their primary access off of hunters creek and then have a secondary

1104
01:37:15,120 --> 01:37:21,920
 point of access with cross access to allow possibly on ryan which would be a lower classification

1105
01:37:21,920 --> 01:37:30,320
 arterial of a secondary in relation to that or in addition to that there's also requirements for

1106
01:37:30,320 --> 01:37:37,120
 spacing from an intersection and based on where their current intersection is approaching the

1107
01:37:37,120 --> 01:37:43,360
 intersection they would have to be 150 feet on the north side and on the south side they have to be

1108
01:37:43,360 --> 01:37:49,440
 200 feet and then again within our on arterials was already spacing requirements so they're

1109
01:37:49,440 --> 01:37:55,520
 already restricted in a sense from having anything on this particular parcel and it would have been

1110
01:37:55,520 --> 01:38:00,480
 evaluated at the time that it was preliminary plotted and since that's already approved it seems

1111
01:38:00,480 --> 01:38:07,600
 that they at that time had met the requirements so there's already existing code requirements and

1112
01:38:07,600 --> 01:38:12,560
 criteria minor requirements that would restrict that i think it would be up to the to the commission

1113
01:38:12,560 --> 01:38:19,360
 to decide if you want to solidify that further and just absolutely restrict it but staff would

1114
01:38:19,360 --> 01:38:26,240
 already be evaluating that and as a part of the normal development review process and then the

1115
01:38:26,240 --> 01:38:31,600
 second point which tina brought up was the trip generation so when this request came in we did

1116
01:38:31,600 --> 01:38:38,240
 look at the trip generation that would be coming from a commercial portion only so i know the

1117
01:38:38,240 --> 01:38:43,760
 applicant did mention that there was a tia done in the past that was specific to the residential

1118
01:38:43,760 --> 01:38:49,920
 portion so yes that that development did not trigger signalization at the intersection or

1119
01:38:49,920 --> 01:38:55,920
 turn lanes but it did indicate that a turn lane would be required for the commercial portion

1120
01:38:55,920 --> 01:39:01,120
 so based on the trip generation provided it's likely that they're going to need a turn lane at

1121
01:39:01,120 --> 01:39:08,800
 the intersection into hunters creek so that traffic flow would kind of be taken outside of the main

1122
01:39:08,800 --> 01:39:15,920
 through lanes and then they would have a one to serve their specific development but we would be

1123
01:39:15,920 --> 01:39:23,840
 evaluating with the tia in a tia scoping meeting after this phase of the development okay yeah thank

1124
01:39:23,840 --> 01:39:32,800
 you i i understand i'm opening up a can of worms so sorry if i if i'm being not specific enough i

1125
01:39:32,800 --> 01:39:43,840
 guess what concerns me is um in many ways it it is what it is right now but looking back in history

1126
01:39:43,840 --> 01:39:51,440
 we can see a typical archetype of this development pattern and that is that subdivisions come in

1127
01:39:52,000 --> 01:39:56,000
 there's not a lot of land left the school district says well i need that parcel because

1128
01:39:56,000 --> 01:40:01,280
 otherwise i'm going to have to bust these kids three miles they buy that parcel it's facing

1129
01:40:01,280 --> 01:40:06,560
 backyards so nobody can walk there from the neighborhoods it abuts it's across the street

1130
01:40:06,560 --> 01:40:11,760
 from a two or three lane road no big deal tech stock comes in and makes it a six lane highway

1131
01:40:11,760 --> 01:40:20,800
 now what are you going to do right um and the prospect of having two to six high trip generation

1132
01:40:20,800 --> 01:40:27,040
 drive-through restaurants i kind of understand that in that area that may be what's in demand

1133
01:40:27,040 --> 01:40:33,040
 but i'm also thinking about the mom who's 15 minutes late to her appointment because her kid

1134
01:40:33,040 --> 01:40:39,200
 was crying and she's trying to make the u-turn really quick to get her coffee and there's not

1135
01:40:39,200 --> 01:40:48,000
 as much care in that type of a driving environment as i see it right um and so i'm trying to figure

1136
01:40:48,000 --> 01:41:01,200
 out if there's a way um to to to to save what little left there is of safety to be able to cross

1137
01:41:01,200 --> 01:41:11,280
 that road in the future if if kids do want to try it um while allowing a development type that may

1138
01:41:11,280 --> 01:41:18,480
 be demanded in the area so that's kind of what i'm thinking so um yeah thank you i guess if i could

1139
01:41:18,480 --> 01:41:29,040
 ask the applicant just directly um i know i kind of hinted at it but um if if the commission agreed

1140
01:41:29,040 --> 01:41:35,840
 i can't speak for anybody else um that a restriction i just looked it up and it's about a thousand feet

1141
01:41:35,840 --> 01:41:43,520
 from hunters creek down to ryan road um and so i think our criteria manual may allow an access

1142
01:41:43,520 --> 01:41:50,480
 normally um if if the commission agreed that the the specifics of this area with the elementary

1143
01:41:50,480 --> 01:41:58,080
 school across the street were concerning um and that we wanted to to prohibit direct access from

1144
01:41:58,080 --> 01:42:04,160
 those middle lots out onto uh teasley drive is that something that you think you could still support

1145
01:42:04,160 --> 01:42:09,920
 and and make work yeah we would do that okay i mean again so like we live here we work here

1146
01:42:09,920 --> 01:42:16,160
 i'm on that street the the safety of courses i mean we have a great staff and they're going to

1147
01:42:16,160 --> 01:42:22,080
 make sure that it's safe but things like this i mean having all of the i don't expect this to be

1148
01:42:22,080 --> 01:42:29,360
 like as high traffic as what you'd see like you know a kroger you know a kroger anchored or a

1149
01:42:29,360 --> 01:42:33,520
 sprouts anchored shopping center of these right these are going to be individual small

1150
01:42:33,520 --> 01:42:37,200
 i would expect there's going to be a strip center of some sort kind of like you know neighborhood

1151
01:42:37,200 --> 01:42:44,640
 services like you see up by my office on teasley by the library so i'm not sure you know what

1152
01:42:44,640 --> 01:42:48,960
 drive throughs will be there i know we have two that want to be there today i don't see it being

1153
01:42:48,960 --> 01:42:56,640
 four or five or six um and so that we would absolutely do that and make all the traffic

1154
01:42:56,640 --> 01:43:00,560
 flow on the hunters creek in fact that's how it's designed um so they all have to

1155
01:43:01,680 --> 01:43:07,040
 and i totally get where you're coming from which you see people do crazy things on the road every

1156
01:43:07,040 --> 01:43:11,360
 day right so if there's things we can do to help mitigate that great i think the signal will happen

1157
01:43:11,360 --> 01:43:16,320
 we hope it would have happened with the apartments but text out has the rules so i would expect as

1158
01:43:16,320 --> 01:43:20,400
 soon as some of this develops it'll happen i do want to address the concrete batch plant question

1159
01:43:20,400 --> 01:43:25,840
 so so that's a temporary use that's allowed in a variety of zoning classes and so what we did is

1160
01:43:25,840 --> 01:43:30,960
 basically saying we could ensure it would never happen again because we put it in a eliminated use

1161
01:43:31,920 --> 01:43:37,520
 meaning let's just say that the south lots don't sell and there's some other product because we

1162
01:43:37,520 --> 01:43:42,320
 get calls at our firm monthly from somebody that's doing a road project and they need a

1163
01:43:42,320 --> 01:43:49,520
 temporary site right a staging yard batch plant etc and so my point is do do i think it's likely

1164
01:43:49,520 --> 01:43:55,920
 that one's going to come back here no but i didn't i didn't predict covid would happen and shut the

1165
01:43:55,920 --> 01:44:01,440
 world down either right so sometimes lots just don't sell and then as a property owner you're

1166
01:44:01,440 --> 01:44:07,840
 trying to figure out what do i do now and so by saying we can ensure that won't happen again we

1167
01:44:07,840 --> 01:44:12,000
 even though it's a temporary use that's allowed we put it in the eliminated uses was my point

1168
01:44:12,000 --> 01:44:17,520
 okay thank you and then and then zachary so the contractor that's doing teasley is a private

1169
01:44:17,520 --> 01:44:24,960
 contractor at zachary and so they they leased the the ground from from mr button who made the

1170
01:44:24,960 --> 01:44:28,640
 decision i don't want to go try to sell these lots while teasley's under construction let's wait for

1171
01:44:28,640 --> 01:44:34,160
 it to be done so it's not a bigger traffic issue and all that so uh just want to clarify that for

1172
01:44:34,160 --> 01:44:44,480
 you thank you thank you thank you um you know just just thinking through some of the questions and

1173
01:44:44,480 --> 01:44:51,120
 and i know eric you are commissioner pro you made a comment about trying to preserve any remaining

1174
01:44:51,120 --> 01:44:56,560
 safety potential um particular for pedestrians at that intersection with the development so

1175
01:44:56,560 --> 01:45:01,360
 you know we'd just like to reiterate some of what kareena had mentioned is you know we put

1176
01:45:01,360 --> 01:45:08,640
 development standards in place to be able to address not only automotive needs for ingress

1177
01:45:08,640 --> 01:45:13,680
 egress decides but are also looking at pedestrian connectivity even bicycle connectivity you know

1178
01:45:13,680 --> 01:45:19,280
 within development areas so we we work to rely upon those standards because a lot of thought and

1179
01:45:19,280 --> 01:45:23,840
 effort has gone into that as we've worked through those to determine what's what's best and most

1180
01:45:23,840 --> 01:45:30,640
 appropriate for for dentin and as we develop we also work very closely with tex dot in in trying

1181
01:45:30,640 --> 01:45:37,920
 to ensure that all modes of transportation are addressed so the i would ask that you you know

1182
01:45:37,920 --> 01:45:43,280
 trust the process trust the professionals that we have on staff to be able to address the ingress

1183
01:45:43,280 --> 01:45:48,080
 egress needs based upon our existing standards that we have within the area you know i i realize

1184
01:45:48,080 --> 01:45:53,840
 the context of teasley has changed over the years now um compared to you know as mea showed in her

1185
01:45:53,840 --> 01:45:59,760
 presentation but again also note that our standards are put in place also to help address the changes

1186
01:45:59,760 --> 01:46:04,320
 that have happened you know in this case with this roadway now being a primary arterial the

1187
01:46:04,320 --> 01:46:08,640
 driveway spacing requirements that come into play access having having to come from a lesser um

1188
01:46:08,640 --> 01:46:13,440
 i forget exactly the word used but i don't want to say lesser quality roadway but a

1189
01:46:14,880 --> 01:46:19,200
 less classified thank you less classified roadway so we try to be able to put

1190
01:46:19,200 --> 01:46:22,320
 appropriate standards in place to be able to address that

1191
01:46:22,320 --> 01:46:33,840
 okay thank you tina um any other questions at this time um i do have one for staff so we

1192
01:46:33,840 --> 01:46:39,440
 keep talking about these um not allowed uses that are are in our backup and that was in

1193
01:46:39,440 --> 01:46:46,960
 mr johnson's presentation um how many of those uses that we're eliminating in sc are allowed in

1194
01:46:46,960 --> 01:46:52,880
 what we currently have at zoned so like tattoo parlors and smoke shops are not allowed in mn to

1195
01:46:52,880 --> 01:47:01,280
 begin with that's they're already not allowed and probably a great deal of that list i don't have

1196
01:47:01,280 --> 01:47:10,800
 the count but i do have this uh a table to just sort of cover just give some of some of those some

1197
01:47:10,800 --> 01:47:17,760
 of the uses that are different um under the the current zoning versus the proposed uh zoning versus

1198
01:47:17,760 --> 01:47:25,520
 the um what would be what would be permitted under the existing sc and

1199
01:47:31,120 --> 01:47:37,760
 so give you an idea um again multifamily under the existing nrmu and and and existing pd wouldn't

1200
01:47:37,760 --> 01:47:43,440
 be permitted um isn't permitted but would be permitted with the with the sup enter the current

1201
01:47:43,440 --> 01:47:52,080
 sc that's another restricted use um to specifically answer your question let me go through so like a

1202
01:47:52,080 --> 01:47:59,360
 hotel for example um the the hotel is one of those uses that would be permitted under nrmu that is not

1203
01:47:59,360 --> 01:48:07,840
 uh is a listed as a restricted use under the proposed um sc same with the temporary concrete

1204
01:48:07,840 --> 01:48:14,720
 nassau batch plant uh so there are there are some some of those other uses that are that would be

1205
01:48:14,720 --> 01:48:19,920
 permitted right okay and i mean i guess the reason i'm asking because i'm trying not to get lost in

1206
01:48:19,920 --> 01:48:27,120
 that list because that list is not most of it's not permitted as it stands now anyway i guess

1207
01:48:27,120 --> 01:48:31,280
 that's what i'm getting to you know so i don't want to get lost and like oh we're eliminating

1208
01:48:31,280 --> 01:48:36,320
 all these which is great i mean if if the zoning does get approved that's great to eliminate all

1209
01:48:36,320 --> 01:48:44,560
 those but all of those are are most of those are not allowed now with the current zoning so um

1210
01:48:44,560 --> 01:48:49,120
 thanks i'm gonna flip my screen to see if anybody um

1211
01:48:52,240 --> 01:48:58,160
 it's taking a moment to come back on okay um anybody else questions for staff applicant

1212
01:48:58,160 --> 01:49:06,160
 okay thank you um i guess just a couple of things i'm struggling with i don't really have a question

1213
01:49:06,160 --> 01:49:15,040
 is again we've got a mixed use neighborhood uh zoning in place which allows for commercial

1214
01:49:15,040 --> 01:49:21,280
 development just maybe not some specific commercial development um it does allow

1215
01:49:21,280 --> 01:49:28,560
 drive throughs with an sup probably could happen maybe multiple ones don't happen i don't know um

1216
01:49:28,560 --> 01:49:36,080
 but i'm really having a hard time um eliminating these protections that are in place for this

1217
01:49:36,080 --> 01:49:42,080
 particular corner and again i understand teasley lane and what it is now but i also understand

1218
01:49:42,080 --> 01:49:48,320
 what's already in place right now on the ground with people living there on that corner um we

1219
01:49:48,320 --> 01:49:53,040
 talk about all the time about how we just keep building rooftops and we don't have enough

1220
01:49:53,040 --> 01:49:59,440
 neighborhood type things for people to go to and enjoy or walk to and what have you and then we

1221
01:49:59,440 --> 01:50:07,280
 kind of have that here in place zone for that and somehow we can't hone that kind of course

1222
01:50:07,280 --> 01:50:13,920
 development which is frustrating and so now we're presented with this request to just make it more

1223
01:50:13,920 --> 01:50:21,280
 convenient to maybe more quickly sell a commercial lot because today everybody wants a drive-through

1224
01:50:21,280 --> 01:50:28,480
 which is okay but is this the right place for the drive-through to go and and and again that's why

1225
01:50:28,480 --> 01:50:33,440
 we have sup's because we're not saying you can't do it we're just saying you can do it if we look

1226
01:50:33,440 --> 01:50:38,800
 at it and maybe it makes sense and maybe it doesn't so that's what i'm struggling with um and that's

1227
01:50:38,800 --> 01:50:44,160
 where a lot of my questions um have come from today so thank you everyone for answering them

1228
01:50:44,160 --> 01:50:51,680
 um i do see a mover on the board commissioner billy royale yeah i'm gonna move uh to deny this

1229
01:50:51,680 --> 01:50:57,840
 project i want to thank staff and the applicant for their thorough presentation however just like

1230
01:50:57,840 --> 01:51:04,320
 chairman alice was saying there are very much legitimate concerns regarding traffic in this

1231
01:51:04,320 --> 01:51:09,840
 area regarding safety and of course regarding quality of life to the surrounding neighborhoods

1232
01:51:09,840 --> 01:51:16,720
 so with that in mind i'm moving to nile i think we've got a first on the floor for denial

1233
01:51:16,720 --> 01:51:23,920
 commissioner mcdade a second okay we've got a first and a second for denial of this request

1234
01:51:23,920 --> 01:51:24,880
 is there any discussion

1235
01:51:28,480 --> 01:51:34,640
 okay uh commissioner perot thank you chair yeah just briefly um i want to thank staff for bringing

1236
01:51:34,640 --> 01:51:40,800
 this the way you did i think it's going to take some time before we have an oiled machine on the

1237
01:51:40,800 --> 01:51:50,720
 the pd overlays honestly i think that if having drive-through businesses and and sort of the sc

1238
01:51:50,720 --> 01:51:58,960
 style of development here was what's right for the area then i much prefer to do this overlay

1239
01:51:58,960 --> 01:52:05,120
 zoning now instead of doing it piecemeal because what that affords the owner and the developer

1240
01:52:05,120 --> 01:52:11,040
 is to be able to plan the whole thing out so that it works as opposed to saying well this

1241
01:52:11,040 --> 01:52:16,960
 you know this person this party is interested in the corner lot this one wants the one in the

1242
01:52:16,960 --> 01:52:23,040
 middle so i guess we'll build a temporary drive a foot between them and you know i just so so

1243
01:52:23,040 --> 01:52:33,040
 you know i'll just say i i think the the goal and the idea behind bringing it as a package works

1244
01:52:33,040 --> 01:52:42,800
 so i'm not i'm not opposing this on the grounds that i'd rather see an individual drawing for

1245
01:52:42,800 --> 01:52:48,320
 every lot i think that's worse honestly um the question to me is really more of a

1246
01:52:48,320 --> 01:52:56,000
 how do we manage um and and i do appreciate staff comments about how

1247
01:52:56,000 --> 01:53:02,800
 there would be a clear concern for safety and there's a lot of things to to put in

1248
01:53:02,800 --> 01:53:10,000
 there for analysis i understand then again by the by the uh transportation criteria manual it's

1249
01:53:10,000 --> 01:53:16,240
 you know 150 or 200 feet from the intersection spacing and it's a thousand feet so you know

1250
01:53:16,240 --> 01:53:22,960
 barring conscientious staff which i believe we have being able to kind of say hey in this area

1251
01:53:22,960 --> 01:53:30,720
 that doesn't make sense because of xyz it's it's a concern to me um you know when when we have

1252
01:53:30,720 --> 01:53:37,440
 text dot come through and build these highways through our town um it it changes the development

1253
01:53:37,440 --> 01:53:46,240
 pattern and and we have to understand where it's appropriate to acquiesce and say that's what makes

1254
01:53:46,240 --> 01:53:52,160
 sense because nothing else is ever going to go here um and and this would serve the local residents

1255
01:53:52,160 --> 01:54:01,840
 and where to say uh that that's nice text dot but our residents would prefer to not be snarled in

1256
01:54:01,840 --> 01:54:08,560
 traffic and so we want to take care to to not create additional turning movements and additional

1257
01:54:08,560 --> 01:54:16,240
 issues uh by encouraging development right along the highway basically so thank you thank you

1258
01:54:16,240 --> 01:54:22,320
 commissioner villarreal so just on the flip side of uh commissioner pruitt's point i think it's

1259
01:54:22,320 --> 01:54:28,880
 important that especially for this area for this corner that we keep the sups in place uh process

1260
01:54:28,880 --> 01:54:35,120
 in place for drive-thrus so that the neighborhoods who are going to be affected whose houses will

1261
01:54:35,120 --> 01:54:41,440
 adjust to this property have a say in how their neighborhood and how their uh community is going

1262
01:54:41,440 --> 01:54:45,920
 to look going forward so uh that's just my perspective i know there are other folks in

1263
01:54:45,920 --> 01:54:52,720
 agreement there so i appreciate that i mean sups are in place for a reason um commissioner pruitt to

1264
01:54:52,720 --> 01:54:57,680
 your point i mean this request is not really planning anything out on this it's it's just

1265
01:54:57,680 --> 01:55:02,800
 changing the base zoning so i mean it's going to develop as it's going to develop as they can sell

1266
01:55:02,800 --> 01:55:09,920
 pieces as they have interested um you know entities so it's it's not that this is like one tidy little

1267
01:55:09,920 --> 01:55:16,720
 plan in place um it might yeah might be like that if there's a bunch of sups perhaps that

1268
01:55:16,720 --> 01:55:22,480
 are being requested um which but this doesn't spell anything out it just changes the base

1269
01:55:22,480 --> 01:55:27,920
 zoning of what it currently is the request anyway um is there any other discussion

1270
01:55:27,920 --> 01:55:35,360
 okay our motion on the floor is to deny this request okay so let's vote on the board please

1271
01:55:49,680 --> 01:55:52,480
 uh that motion carries four two

1272
01:55:52,480 --> 01:56:05,360
 okay that will move us to four b z two two zero zero one nine

1273
01:56:05,360 --> 01:56:08,160
 i'll invite ron up for presentation and open the public hearing

1274
01:56:08,160 --> 01:56:13,520
 thank you madam chair members of commission ramageddon principal planning with development services

1275
01:56:17,200 --> 01:56:23,200
 this item before you is a request for an initial zoning of this property that's shown here outlined

1276
01:56:23,200 --> 01:56:29,200
 in yellow uh the initial zoning is as a result of an annexation that occurred earlier this year

1277
01:56:29,200 --> 01:56:35,280
 uh january 10th to be specific it's approximately 18.6 acres currently used as agriculture

1278
01:56:35,280 --> 01:56:42,000
 to the south is us 380 to the west is thomas egan which is a secondary arterial

1279
01:56:43,040 --> 01:56:49,920
 the applicant has indicated that they are proposing an industrial use with this if this zoning is

1280
01:56:49,920 --> 01:56:56,000
 successful and as i mentioned during the work session the property directly along 380 is also

1281
01:56:56,000 --> 01:57:05,120
 owned by the property owner requesting this rezoning or zoning oops for the for the future

1282
01:57:05,120 --> 01:57:12,000
 land use map it is designated as light industrial um obviously it qualifies for light industrial

1283
01:57:12,000 --> 01:57:18,400
 activity access is important and also ensuring that there's adequate transitions to adjacent

1284
01:57:18,400 --> 01:57:23,680
 sensitive land uses and again as mentioned during the work session including setbacks

1285
01:57:23,680 --> 01:57:28,560
 buffering and screening all of which will be applied per the development code

1286
01:57:28,560 --> 01:57:35,440
 staff did review it against the criteria of for approval under the development code sections

1287
01:57:36,080 --> 01:57:42,000
 staff has provided a summary that the proposal is consistent with the comprehensive plan

1288
01:57:42,000 --> 01:57:48,400
 consistent with the land use statement in the development code and again all the zoning that

1289
01:57:48,400 --> 01:57:54,560
 is it's not expected to generate any potential impact utilities and infrastructure is part of

1290
01:57:54,560 --> 01:58:01,200
 the development process and will be served will be provided through extension to serve the subject

1291
01:58:01,200 --> 01:58:08,640
 property notifications were sent out signs were posted as of this evening staff has not received

1292
01:58:08,640 --> 01:58:17,680
 any opposition or in favor responses no neighborhood meeting was held but again notices were sent per the

1293
01:58:17,680 --> 01:58:23,920
 texas local government code staff recommends approval of the initial zoning as it meets the

1294
01:58:23,920 --> 01:58:28,800
 criteria for approval again under the dental development code and with that i'll stand for

1295
01:58:28,800 --> 01:58:33,920
 any questions the applicant is here and is able to answer any questions as well thank you ron very

1296
01:58:33,920 --> 01:58:42,000
 much uh commissioner cole thank you chair uh ron i brought this up in work session about the

1297
01:58:42,000 --> 01:58:50,160
 single-family mud district that is to the southwest or i'm sorry yeah southwest

1298
01:58:52,000 --> 01:58:59,520
 but aren't there two others there is one to the further west at 156 it's a sing going to be a

1299
01:58:59,520 --> 01:59:10,080
 single-family mud district also at golden hoof is it not a mud district as well that is being

1300
01:59:10,080 --> 01:59:19,120
 planned for single-family homes so it looks like we're dropping this lot industrial use

1301
01:59:21,440 --> 01:59:24,560
 right smack because it's residential to the east

1302
01:59:24,560 --> 01:59:30,400
 right smack in the middle of all these new single-family homes

1303
01:59:30,400 --> 01:59:35,440
 because you know i forgot about the other two

1304
01:59:35,440 --> 01:59:46,000
 is that the best uh i mean i don't know i i'm i'm kind of conflicted with that because

1305
01:59:48,560 --> 01:59:53,760
 it doesn't go i mean this is a classic that i brought ranch estates up

1306
01:59:53,760 --> 02:00:02,720
 i mean it just i know the front of it's li already i get that but i mean these are all going to be

1307
02:00:02,720 --> 02:00:10,320
 single-family homes surrounding this thing in the future i don't know if they want to live across

1308
02:00:10,320 --> 02:00:15,120
 the street from lot industrial and commissioner cole part of our staff analysis is obviously

1309
02:00:15,120 --> 02:00:20,160
 looking at the future land use and the existing zoning of the area and i brought this slide up

1310
02:00:20,160 --> 02:00:27,280
 anticipating you're trying to respond to your comment we do have line industrial we also have

1311
02:00:27,280 --> 02:00:36,080
 industrial commerce to the south and generally west of thomas egan as you can see is low

1312
02:00:36,080 --> 02:00:44,320
 residential and rural areas or rural yeah rural areas so yes you know the future lens helps us

1313
02:00:44,320 --> 02:00:50,800
 guide where you know what zoning could be placed we when we did the future land use map one of the

1314
02:00:50,800 --> 02:00:55,360
 things that we looked at was what can be a dividing factor and of course there's got to be a line drawn

1315
02:00:55,360 --> 02:01:02,000
 so this happens to be just the furthest one to the west again when we looked at our staff analysis

1316
02:01:02,000 --> 02:01:05,680
 we looked the future land use map but we also understand that the development code has

1317
02:01:05,680 --> 02:01:12,560
 requirements related to providing those transitions and buffers and screening that we discussed

1318
02:01:13,280 --> 02:01:19,920
 well ron if i could add to what you mentioned so i know this was an issue that we had to work

1319
02:01:19,920 --> 02:01:26,160
 through with the adoption of the comprehensive plan last year and as you all are well aware of

1320
02:01:26,160 --> 02:01:32,240
 we we have no land use control in the etj and so where the mud developments are happening

1321
02:01:32,240 --> 02:01:36,400
 immediately to the west and even on the other side of the railroad tracks and 156 those are

1322
02:01:36,400 --> 02:01:42,960
 all within the etj and so when we worked on the future land use map and in reviewing what uses

1323
02:01:42,960 --> 02:01:48,800
 may be appropriate within the area you know hence why in this particular area we landed on industrial

1324
02:01:48,800 --> 02:01:57,280
 being an appropriate land use designation for the area the area to the south shaded in purple more

1325
02:01:57,280 --> 02:02:04,720
 we call it heavy industrial right or no i forget the designation industrial commerce which also

1326
02:02:04,720 --> 02:02:09,600
 allows for a variety of other industrial uses but you know we're with the existing uses and

1327
02:02:09,600 --> 02:02:13,520
 development patterns and pressures we have in the area couple that with gas wells that also

1328
02:02:13,520 --> 02:02:18,880
 sprinkled on our west side you know through our update of the comprehensive plan we determined

1329
02:02:18,880 --> 02:02:23,760
 that industrial uses were most appropriate in this area do we have pockets of residential from time

1330
02:02:23,760 --> 02:02:28,800
 to time yes and and so we we rely upon the standards that are within the development code

1331
02:02:28,800 --> 02:02:33,680
 to be able to address where we have those adjacency issues so you know in this case there's

1332
02:02:33,680 --> 02:02:37,120
 there's still a parcel of land that actually separates these tracks on the single-family

1333
02:02:37,120 --> 02:02:42,160
 residential neighborhood that's immediately to the east so you know that that's the parcel there that

1334
02:02:42,160 --> 02:02:47,040
 has the responsibility for for if it develops to something else then comes into compliance and

1335
02:02:47,040 --> 02:02:53,360
 addressing those compatibility issues from from a land use adjacency standpoint but you know the

1336
02:02:53,360 --> 02:02:57,680
 request that's before us this evening it is consistent with the future land use designation

1337
02:02:57,680 --> 02:03:03,200
 that's in our comprehensive plan that you know state law says that if we're going to enforce

1338
02:03:03,200 --> 02:03:08,320
 zoning then we need to look to see if our zoning is consistent with our comprehensive plan so hence

1339
02:03:08,320 --> 02:03:12,640
 the recommendations we put forth but i i understand your concerns regarding the mud developments that

1340
02:03:12,640 --> 02:03:16,320
 are happening um because you're right there is a fair amount of single-family residential that's

1341
02:03:16,320 --> 02:03:20,960
 happening but unfortunately they're not annexing within the city where i can where i can control

1342
02:03:20,960 --> 02:03:24,960
 or we the city can control from a land use standpoint so it's i think we're going to

1343
02:03:24,960 --> 02:03:30,240
 continue to have a little bit of this struggle in areas that we've tried to plan appropriately

1344
02:03:30,240 --> 02:03:35,280
 for allowing for commercial development within the community but then yet we have this other force

1345
02:03:35,280 --> 02:03:40,320
 that is in some cases trying to work against us and what we're trying to achieve for the community

1346
02:03:40,320 --> 02:03:44,080
 with the single-family residential developments that are taking place that are that are not within

1347
02:03:44,080 --> 02:03:49,040
 the city limits we're also you know we're working to try to get them to negotiate development

1348
02:03:49,040 --> 02:03:52,880
 agreements with us so we can ensure better standards that are put in place and in trying

1349
02:03:52,880 --> 02:03:59,360
 to be able to work through that but but at the end of the day right now we don't have any land use

1350
02:03:59,360 --> 02:04:04,240
 authority with respect to the development that's happening on the etj from from a land use standpoint

1351
02:04:04,240 --> 02:04:08,720
 residential subdivisions if it's an etj1 yes we have we can influence our standards there but

1352
02:04:08,720 --> 02:04:13,680
 from a land use standpoint you know we unfortunately just don't have that luxury so again you know we

1353
02:04:13,680 --> 02:04:19,760
 go back to we updated the comprehensive plan in 2022 we looked to see what were the recommended

1354
02:04:19,760 --> 02:04:24,240
 land uses and development patterns that were put in place and and at that time we determined that

1355
02:04:24,240 --> 02:04:29,920
 industrial was appropriate for this area so so so hence why we we have the recommendation that we do

1356
02:04:29,920 --> 02:04:39,840
 commissioner perot thank you chair i appreciate that very much tina

1357
02:04:39,840 --> 02:04:48,240
 because my memory is not great i do remember that process that we went through

1358
02:04:49,280 --> 02:04:54,960
 and i'm not sure whether this question got asked during that process but as i look at the future

1359
02:04:54,960 --> 02:05:03,760
 land use map as the there's a border between rural residential and light industrial kind of future

1360
02:05:03,760 --> 02:05:12,400
 land use that goes north south down the vertical north south portion of mosh branch right and then

1361
02:05:12,400 --> 02:05:19,920
 it kind of cuts over west just to enclose this property plus a few others and then down to 380

1362
02:05:19,920 --> 02:05:30,080
 can you help me understand was it was it gas wells was it uh the facts other things what what made us

1363
02:05:30,080 --> 02:05:38,960
 think hey we should have this little jut over right here and my my concern that may be unfounded or

1364
02:05:38,960 --> 02:05:44,800
 may be pointless because there's not going to be that many muds out here um is that if there is a

1365
02:05:44,800 --> 02:05:57,280
 lot of mud say there's 10 000 units west of mosh branch right um having no retail outlets west of

1366
02:05:57,280 --> 02:06:04,160
 35 w uh would mean that we would need to get x numbers of thousands of cars through

1367
02:06:05,280 --> 02:06:15,200
 35 and 380 interchange which gosh it's bad already right um so so just help me understand

1368
02:06:15,200 --> 02:06:22,080
 what's what's the purpose of that little jut out what should i step on that says we feel confident

1369
02:06:22,080 --> 02:06:28,480
 that that that portion should be light industrial so as we looked at the future land using our update

1370
02:06:28,480 --> 02:06:37,200
 during the 2022 you can see that 380 is a mean factor gas wells is another one but also the

1371
02:06:37,200 --> 02:06:44,560
 industrial commerce just to the south and future expansion of loop 28 in the airport so there's a

1372
02:06:44,560 --> 02:06:51,920
 lot of trends that nathina referenced as part of what's what's happening in the area so we use that

1373
02:06:51,920 --> 02:06:58,240
 as sort of our reasoning but also wanted to find you know what where that where that line could be

1374
02:06:58,240 --> 02:07:05,120
 and should be so um so that's how we ended with this uh again because what's we're seeing south

1375
02:07:05,120 --> 02:07:12,800
 of 380 but also along 380 and then hopefully or looking at what could be done north of 380

1376
02:07:16,240 --> 02:07:24,800
 thanks run any other questions from run thank you um i don't have any cards on this item is

1377
02:07:24,800 --> 02:07:37,920
 there anyone wishing to speak on this item hello there you can fill out a card later go ahead and

1378
02:07:37,920 --> 02:07:42,240
 give us your name and address and we'll begin two additional points i wanted to make will you give

1379
02:07:42,240 --> 02:07:48,160
 us your name first please can you give us your name and address just in tune yes um a little bit

1380
02:07:48,160 --> 02:07:55,840
 3714 lenox drive in fort worth thanks i represent the owner so thank you there are two additional

1381
02:07:55,840 --> 02:08:02,320
 points i want to make uh that that ron touched on but as it relates to the eastern neighbor

1382
02:08:02,320 --> 02:08:10,160
 there's you know this is a 28 acre site and the eastern 14 acres it's almost an exact line in half

1383
02:08:10,160 --> 02:08:17,120
 is a flood area to the east and so there's 14 acres on the eastern side of this that's a

1384
02:08:17,120 --> 02:08:25,360
 natural boundary so that was one point and then the other was the future 288 loop that will be

1385
02:08:25,360 --> 02:08:32,320
 coming just to the east of this property as well i think is another reason to his point of why

1386
02:08:33,520 --> 02:08:40,800
 it was the future land use map was is the way that it is so great thank you very much for

1387
02:08:40,800 --> 02:08:45,600
 your explanation appreciate that uh is there anyone else wishing to speak on this item

1388
02:08:45,600 --> 02:08:51,120
 seeing none i'm going to go ahead and close the public hearing and open

1389
02:08:51,120 --> 02:09:00,000
 the floor for a motion or discussion

1390
02:09:01,600 --> 02:09:04,080
 commissioner cole i'll make a motion to deny

1391
02:09:04,080 --> 02:09:13,280
 commissioner billy rail second we've got a first and a second for denial of this request any

1392
02:09:13,280 --> 02:09:21,120
 discussion i think what i'll just add is um a lot of fair points that have been brought up here with

1393
02:09:21,120 --> 02:09:27,280
 the way this whole area has developed and if you saw a quote of me probably almost six years ago

1394
02:09:27,280 --> 02:09:34,480
 i talked about how um we should be mindful as a city on how this side of i-35 is developing

1395
02:09:34,480 --> 02:09:40,240
 down 380 um because we didn't have a plan in place and so things just happened and unfortunately

1396
02:09:40,240 --> 02:09:48,240
 there's probably a whole lot too much of light industrial happening in that area um however um

1397
02:09:49,440 --> 02:09:57,840
 we look at each request and and um individually um this particular lot um i think with with the

1398
02:09:57,840 --> 02:10:04,320
 way it's encumbered with the esa and whatnot um which is a natural buffer to the single family

1399
02:10:04,320 --> 02:10:12,800
 um to the uh directly to the east on that um thomas egan will be a buffer on that side from

1400
02:10:12,800 --> 02:10:22,160
 whatever might develop in the etj um you know i think the request is is reasonable honestly um

1401
02:10:22,160 --> 02:10:28,000
 because um again not that i want to see continued light industrial down this area but again i mean

1402
02:10:28,000 --> 02:10:33,840
 we're looking at this one particular parcel here so um i don't think personally we were mindful

1403
02:10:33,840 --> 02:10:39,040
 enough as a city to make a plan in this area um and so we're having to do this um at a request

1404
02:10:39,040 --> 02:10:44,160
 at a time as things get annexed and into our city and we do have jurisdiction so um

1405
02:10:44,160 --> 02:10:49,760
 that's all i need to say on it uh commissioner villarreal yeah i just wanted to echo some of the

1406
02:10:49,760 --> 02:10:55,440
 concerns uh commissioner cole brought up uh i understand the city can't control what's happening

1407
02:10:55,440 --> 02:11:02,000
 out in the etj or outside the city limits but uh we should be mindful of the subdivisions coming in

1408
02:11:02,000 --> 02:11:07,360
 of single family neighborhoods coming in and with that in mind i just don't view this as

1409
02:11:08,000 --> 02:11:14,960
 something that makes sense in this area so i am supporting the motion to deny it okay thank you

1410
02:11:14,960 --> 02:11:29,600
 commissioner perot thank you chair yeah i guess i um i i'm very much in agreement with uh chair

1411
02:11:29,600 --> 02:11:38,560
 ellis's comments about how you know if if you look about at the the residential development to the

1412
02:11:38,560 --> 02:11:45,600
 east of here um of all the sides that they could be encroached upon with light industrial uh this

1413
02:11:45,600 --> 02:11:54,160
 is probably the the least imposing from a buffer and traffic impact etc sort of situation um

1414
02:11:55,200 --> 02:12:01,200
 my my heartburn is really longer term what are we going to see in this corridor

1415
02:12:01,200 --> 02:12:08,400
 and and how do we pivot if necessary when does staff think that that might be right

1416
02:12:08,400 --> 02:12:20,000
 toward ensuring that there is enough distribution of services and retail in spaces that make sense

1417
02:12:21,440 --> 02:12:29,360
 to to service people from coming out you know coming into denton um you know there's a there's

1418
02:12:29,360 --> 02:12:37,520
 a sales tax revenue argument there especially in texas i understand that um i think because of

1419
02:12:37,520 --> 02:12:45,600
 the specific location of this site um with the buffer and the fact that if i look just to the

1420
02:12:45,600 --> 02:12:54,560
 east of here um in that future 288 380 area um there's still a decent chunk of undeveloped land

1421
02:12:54,560 --> 02:13:03,440
 i think we have an opportunity to um to to see some things that are not light industrial distribution

1422
02:13:03,440 --> 02:13:13,120
 centers if necessary uh obviously we can't push that um but uh i i think since this is in conformance

1423
02:13:13,120 --> 02:13:20,640
 with our plan i'm gonna go ahead and support it uh with the statement that let's let's keep our eye

1424
02:13:20,640 --> 02:13:29,120
 on the ball from a economic development perspective and um you know those discussions just to make sure

1425
02:13:29,120 --> 02:13:35,840
 that we're we're not sending the message to the development community that we're not going to

1426
02:13:35,840 --> 02:13:40,400
 support anything other than light industrial over here because i think in in certain places

1427
02:13:41,040 --> 02:13:46,480
 that may be a very good thing thank you commissioner um okay the motion on the

1428
02:13:46,480 --> 02:13:51,520
 floor is to uh deny if there's no further discussion then we'll go ahead and vote on the board

1429
02:13:51,520 --> 02:14:08,720
 okay so we have a three three tie so the motion fails

1430
02:14:11,520 --> 02:14:13,200
 um hillary

1431
02:14:13,200 --> 02:14:21,840
 in our recently updated chapter two uh we promulgated a procedure for tie votes

1432
02:14:21,840 --> 02:14:31,120
 and so the tie vote actually um i can pull it back up um i believe that it goes

1433
02:14:31,120 --> 02:14:36,800
 to our next meeting as an individual consideration item okay because we have a missing um

1434
02:14:38,240 --> 02:14:44,400
 person we've got an absence okay so um it will just automatically go to as an individual

1435
02:14:44,400 --> 02:14:48,880
 consideration item and we would revote on this motion is that am i understand that correctly

1436
02:14:48,880 --> 02:14:54,080
 uh yes ma'am okay and there's no further action that we have to take at this time now that will

1437
02:14:54,080 --> 02:15:01,760
 just be automatically um it's up to your discretion if you want to entertain another motion at this

1438
02:15:01,760 --> 02:15:09,760
 time but that's what would happen if we are unable to resolve the tie okay which um

1439
02:15:09,760 --> 02:15:13,440
 yeah i would say it would

1440
02:15:13,440 --> 02:15:19,120
 go to our next meeting because i don't know how we would resolve a three three tie because we

1441
02:15:19,120 --> 02:15:25,680
 could try to vote for an approval but we're going to get a three three tie so uh in that case uh

1442
02:15:26,400 --> 02:15:34,000
 we'll see this item at our next meeting um that will bring us up to our final public hearing item

1443
02:15:34,000 --> 02:15:42,960
 of the evening that's 4c dca 22 0008 and ron will present and i will open the public hearing

1444
02:15:42,960 --> 02:15:49,920
 thank you chair members of commission again um development services um let me put full screen

1445
02:15:49,920 --> 02:15:57,520
 here this is a code amendment uh related to outdoor storage and outdoor display um the purpose of this

1446
02:15:57,520 --> 02:16:03,280
 is to really us to address um a review of administrative decision as well as an interpretation

1447
02:16:03,280 --> 02:16:09,760
 by the zba also to address any uh the inconsistency in language related to again outdoor storage and

1448
02:16:09,760 --> 02:16:16,560
 outdoor display and lastly to propose additional language standards um as it fits within the

1449
02:16:16,560 --> 02:16:24,080
 context of the code amendment in relationship to outdoor storage the dcrc didn't meet on this item

1450
02:16:24,080 --> 02:16:29,760
 several times and the dates are shown here to the right is the sections of the code that we are

1451
02:16:29,760 --> 02:16:38,880
 proposing to amend most of them are use specific standards related but there's also other sections

1452
02:16:38,880 --> 02:16:44,800
 of the code as well as the definition section where we also are proposing some code amendments

1453
02:16:46,320 --> 02:16:52,720
 i wanted to share with you that i've summarized the code amendment most of the or all the code

1454
02:16:52,720 --> 02:16:58,320
 amendments are in your backup for more details but generally this slide here illustrates the

1455
02:16:58,320 --> 02:17:03,840
 consistent language that we are proposing to apply to the uses that are listed here to the right

1456
02:17:03,840 --> 02:17:12,240
 one way or another there are they're proposed as part of these uses the top two

1457
02:17:12,240 --> 02:17:18,640
 bullets here the top two statements here are very similar except for the last part of the requirement

1458
02:17:18,640 --> 02:17:26,640
 and the reason is the zoning that are more sensitive will apply to the top version which

1459
02:17:26,640 --> 02:17:35,520
 states that the screening would be an eight foot wall or fence of masonry elevator sealwood or a

1460
02:17:35,520 --> 02:17:41,360
 combination of and those zoning districts that it would apply to would be the following that you see

1461
02:17:41,360 --> 02:17:49,440
 there in orange the second bullet is a little bit less restrictive and again similar to the the top

1462
02:17:49,440 --> 02:17:55,840
 version the only difference is that it only needs to comply with such section 778 which is walls

1463
02:17:55,840 --> 02:18:04,000
 fences and screening and that requirement would only apply in the lihi in the pf we also address

1464
02:18:04,000 --> 02:18:10,480
 outdoor display allowing it where it is allowed that they have to follow the following requirements

1465
02:18:11,120 --> 02:18:17,840
 and then as well as outdoor i'm sorry auto repair and maintenance services those are all proposed to

1466
02:18:17,840 --> 02:18:24,480
 be entirely within an enclosed structure so again these statements or these requirements are pretty

1467
02:18:24,480 --> 02:18:28,640
 much consistent throughout with all the different uses that you see here listed in the right on the

1468
02:18:28,640 --> 02:18:36,960
 right we also added some use specific standards clarifying if they're proposed they they are

1469
02:18:36,960 --> 02:18:41,600
 followed they must follow a different use or follow the use that is shown here so for example

1470
02:18:41,600 --> 02:18:49,600
 auto repair and servicing must is cons constituted as an automotive repair major minor so that use

1471
02:18:49,600 --> 02:18:55,760
 has to be allowed under that zoning district either by right or sup similarly the sales and

1472
02:18:55,760 --> 02:19:01,200
 leasing of motor vehicles as well as rental of moving trucks and moving related equipment

1473
02:19:01,760 --> 02:19:07,280
 again different use must be allowed in that zoning district we also added a noise level

1474
02:19:07,280 --> 02:19:13,920
 standard or reference so that the user is of understanding that that particular use

1475
02:19:13,920 --> 02:19:20,720
 must comply with a with the noise standards of the code of ordinance the last two bullets

1476
02:19:20,720 --> 02:19:28,080
 refers to self-service storage we wanted to make it clear that self-service storage is only for

1477
02:19:28,080 --> 02:19:34,640
 rental of storage units rental of storage space for rvs and boats and the sale of moving related

1478
02:19:34,640 --> 02:19:40,320
 items no other activity is permitted within the storage units lastly outdoor storage and

1479
02:19:40,320 --> 02:19:45,120
 accessory outdoor storage we provide additional use specific standards as it relates to how

1480
02:19:45,120 --> 02:19:49,200
 where and what types are allowed to be stored outdoors

1481
02:19:51,840 --> 02:19:58,800
 the next slide illustrates some of the languages that we amended or added to provide some consistency

1482
02:19:58,800 --> 02:20:04,960
 in other sections of the code the first one really just a change outdoors sorry outside to outdoor

1483
02:20:04,960 --> 02:20:11,280
 the second one the middle one again you can see that similar language is provided here again to

1484
02:20:11,280 --> 02:20:18,240
 provide that consistency in terms of how outdoor storage is screened and then last item below is

1485
02:20:18,240 --> 02:20:25,840
 related to fence height currently the fence height under table 7h is eight feet however

1486
02:20:25,840 --> 02:20:31,440
 per the discussion with the dcrc there are opportunities where the height can be increased

1487
02:20:31,440 --> 02:20:38,320
 to help provide even more screening therefore the director is given that ability to prove an

1488
02:20:38,320 --> 02:20:43,680
 alternative height provided that that maximum height does not cause any adverse impact to

1489
02:20:43,680 --> 02:20:49,760
 surrounding properties we also did some code amendment related to the definitions again

1490
02:20:49,760 --> 02:20:54,560
 related to outdoor storage and display i won't go through all of them but i wanted to provide the

1491
02:20:54,560 --> 02:21:01,120
 list of definitions that we did propose code amendments related to outdoor display and outdoor

1492
02:21:01,120 --> 02:21:10,240
 storage with that i'll stand for any question and thank you thank you ron any questions for ron at

1493
02:21:10,240 --> 02:21:18,640
 this time you're not seeing anyone thank you so much i do have uh one card in front of me wishing

1494
02:21:18,640 --> 02:21:28,800
 to speak on this item uh justin heigl good evening sir if you'll state your name and address your

1495
02:21:28,800 --> 02:21:38,000
 time i'll begin yes uh justin heigl 18333 preston road dallas texas um here just to show support for

1496
02:21:38,000 --> 02:21:43,680
 this uh that's the change that's being proposed um we're obviously a real estate developer out

1497
02:21:43,680 --> 02:21:49,840
 of dallas that we represent several uh major chains of automotive sales and service clients

1498
02:21:49,840 --> 02:21:56,080
 that have been wanting to build new facilities in denton but with the way it's currently uh the

1499
02:21:56,080 --> 02:22:01,600
 language currently that's there there's just no opportunities for it so just wanted to show my

1500
02:22:01,600 --> 02:22:08,240
 support for it and uh that our company as well thank you for thank you for your time thank you

1501
02:22:08,240 --> 02:22:15,920
 for sharing your thoughts yeah yeah i think uh this is another great reason why we have the um

1502
02:22:15,920 --> 02:22:21,840
 development code review committee in place um it's for things like this that you know you just

1503
02:22:21,840 --> 02:22:26,880
 you rewrite a code it's just not all going to be right and um it's going to have to be tweaked from

1504
02:22:26,880 --> 02:22:32,640
 time to time and i know that committee um you know works very hard i sat on that committee for

1505
02:22:32,640 --> 02:22:38,720
 quite a long time um and going forward i know that they're working diligently to um get these

1506
02:22:38,720 --> 02:22:45,760
 needed changes and ron you are just such a champion on that and um thank you very much for all your

1507
02:22:45,760 --> 02:22:51,840
 hard work in that and um for the great presentation um in helping us understand what was discussed at

1508
02:22:51,840 --> 02:22:58,720
 that committee meeting uh commissioner perot thank you chair yeah i'm going to you know excuse me

1509
02:22:58,720 --> 02:23:03,040
 i did not close the public hearing so i'm going to do that and then i will call on you again i

1510
02:23:03,040 --> 02:23:09,440
 apologize um i do not see anyone else here in city hall um wishing to speak on this item and i don't

1511
02:23:09,440 --> 02:23:15,680
 have any more cards so i will close the public hearing and now i will open for a motion or

1512
02:23:15,680 --> 02:23:23,040
 discussion commissioner perot thank you chair um i would echo many of chair ellis's uh comments i

1513
02:23:23,040 --> 02:23:31,120
 think we we spent way more time than i thought we could or should on this but always happens

1514
02:23:31,120 --> 02:23:38,640
 i think uh as as evidenced by the fact that we had a member of the development community take

1515
02:23:38,640 --> 02:23:45,120
 time out of his busy day to to come up and um and share his opinion um we must have done a few things

1516
02:23:45,120 --> 02:23:50,080
 right you know just for the benefit of the rest of the commission i would say that the uh the

1517
02:23:50,080 --> 02:23:57,760
 language that was in the the code at adoption for for 2019 and it may have been there from 2002 i

1518
02:23:57,760 --> 02:24:08,160
 think it was some of that carryover language um was sufficiently stern but vague that it uh it put

1519
02:24:08,160 --> 02:24:13,680
 both staff and applicants in a position of not really knowing exactly what would be allowed and

1520
02:24:13,680 --> 02:24:19,760
 what wouldn't and it took a while to get through that process of what makes sense i think there

1521
02:24:19,760 --> 02:24:25,680
 was a lot of a lot of opinions of do we really want to prevent that sort of thing so there was

1522
02:24:25,680 --> 02:24:35,600
 definitely sort of how do we remain friendly to the the local dent in spirit while making sure that

1523
02:24:35,600 --> 02:24:42,800
 the you know the businesses that show people other people's cars which nobody likes we only

1524
02:24:42,800 --> 02:24:50,480
 like our own car are are not going to actually impose on on uh unduly especially from a new

1525
02:24:50,480 --> 02:24:55,200
 development perspective so i think we did a good job and i'm glad we're moving on to other things

1526
02:24:55,200 --> 02:25:03,760
 excellent and your motion is to to recommend adoption as stated excellent commissioner

1527
02:25:03,760 --> 02:25:09,440
 villarreal as the other committee member present i do want to echo the length of time we spent

1528
02:25:09,440 --> 02:25:17,280
 on this topic uh discussed ad nauseam but every potential use case every possibility was discussed

1529
02:25:17,280 --> 02:25:24,560
 at length so i do think this code amendment uh captures every necessity uh for this

1530
02:25:24,560 --> 02:25:30,560
 specifically so i am seconding the motion thank you and thank you both for serving on the committee

1531
02:25:30,560 --> 02:25:38,560
 um we've got a first and a second for approval any discussion okay let's vote on the board please

1532
02:25:39,440 --> 02:25:51,680
 okay that motion carries six zero thank you that will move us to our matrix so i will turn it over

1533
02:25:51,680 --> 02:26:01,680
 to tina thank you so um as we usually report on a recap from the most recent city council meeting

1534
02:26:01,680 --> 02:26:05,760
 regarding um variety of development projects that were on council's agenda so this would have been

1535
02:26:05,760 --> 02:26:13,760
 from their february 7th meeting date so we had a rezoning request for use classification of light

1536
02:26:13,760 --> 02:26:18,960
 industrial on approximately 83 acres that's on the north side of barthold road approximately 1300

1537
02:26:18,960 --> 02:26:24,960
 feet west of i-35 if you recall this property actually went through an annexation procedure

1538
02:26:24,960 --> 02:26:29,120
 actually started with city council this so this was to establish initial zoning on this property

1539
02:26:29,120 --> 02:26:34,880
 and so um city council did rezone the property to the light industrial zoning district so that was

1540
02:26:34,880 --> 02:26:40,480
 approved six zero we also had a request for a specific use permit for multi-family dwelling use

1541
02:26:40,480 --> 02:26:46,160
 on approximately 16 acres of land located between north loop 288 and mayhill road approximately a

1542
02:26:46,160 --> 02:26:51,440
 thousand feet east of mckinney we dubbed this this was the project the forest crossing phase two

1543
02:26:51,440 --> 02:26:55,280
 project i know that the planning and zoning commission had received here recently

1544
02:26:55,280 --> 02:27:02,720
 and so city council did approve that specific use permit by a vote of six to zero then we also had

1545
02:27:02,720 --> 02:27:06,720
 the planned development district amendment that was for the preserve at pecan creek

1546
02:27:06,720 --> 02:27:11,440
 to allow for an increase in lot coverage for the single-family homes that were

1547
02:27:11,440 --> 02:27:17,840
 for that planned development district if you recall there was sections j and k part of that

1548
02:27:17,840 --> 02:27:22,240
 development the infrastructure had already been constructed but they were running into an issue

1549
02:27:22,240 --> 02:27:25,920
 with the lot coverage in the planned development district i believe it was at 30 so they were

1550
02:27:25,920 --> 02:27:33,040
 proposing to increase it to 55 percent if memory serves me correctly and the city council received

1551
02:27:33,040 --> 02:27:40,240
 that request and ended up approving that by a vote of six zero then we also had another zoning case

1552
02:27:40,240 --> 02:27:46,160
 if you recall that ashley had presented to you all the the afcm rezoning this was from a rural

1553
02:27:46,160 --> 02:27:52,400
 residential to an r1 district it was about four acres of land located roughly 2800 feet north of

1554
02:27:52,400 --> 02:27:57,760
 swisher road and edwards road at that intersection so the applicant was requesting to be able to

1555
02:27:57,760 --> 02:28:01,520
 drop down to the r1 zoning in order to be able to meet the minimum standards so that they could build

1556
02:28:01,520 --> 02:28:06,800
 be able to build a single-family residence on the property had kind of some unique access associated

1557
02:28:06,800 --> 02:28:14,080
 with it so that was approved by city council also by a vote of six to zero and lastly then we had

1558
02:28:14,080 --> 02:28:19,280
 the planned development district amendment that julie had presented for the automotive expansion

1559
02:28:19,280 --> 02:28:24,880
 used this was for the automotive dealership that straddled the city limit line with the city of

1560
02:28:24,880 --> 02:28:33,120
 carent and so the council approved that request also by a vote of a vote of six to zero so

1561
02:28:33,120 --> 02:28:39,200
 that summarizes the the zoning and development activity on council's agenda as it relates to the

1562
02:28:39,200 --> 02:28:43,680
 matrix let me get back to my other sheet here so you'll see i made a couple of tweaks we did

1563
02:28:43,680 --> 02:28:48,960
 not have anything new added but i tried to add a little bit finer point to some of these items

1564
02:28:48,960 --> 02:28:53,680
 so the report on the notification process regarding properties within the etj originally we thought

1565
02:28:53,680 --> 02:28:57,680
 we were going to do that this evening but since commissioner smith had requested that presentation

1566
02:28:57,680 --> 02:29:01,600
 and gave us a heads up that he would not be here tonight we've since rescheduled that and

1567
02:29:01,600 --> 02:29:06,960
 intertargeting to get that accomplished on on march 15th during your work session we also

1568
02:29:06,960 --> 02:29:13,040
 i also added some additional clarification language related to removing the minimum parking

1569
02:29:13,040 --> 02:29:18,080
 requirements i know this is something that the commission is interested in discussing so i did

1570
02:29:18,080 --> 02:29:22,160
 add to make it a little bit finer that it's pending further discussion with the development

1571
02:29:22,160 --> 02:29:25,920
 code review committee so the development code review committee just recently prioritized

1572
02:29:25,920 --> 02:29:31,440
 my items i believe parking minimums was number three on the list and i'm trying to work through

1573
02:29:31,440 --> 02:29:38,080
 some other items so so we've got that slated for their consideration and then lastly the other item

1574
02:29:38,080 --> 02:29:43,680
 i added a finer point was for the the annual updates item so believe it or not it's almost

1575
02:29:43,680 --> 02:29:49,200
 been a year since we update or since we adopted the update to the dentin 2040 conference plan

1576
02:29:49,200 --> 02:29:55,120
 as well as the mobility plan also right it'll be a year come march 22nd so so i've already

1577
02:29:55,120 --> 02:30:01,840
 talked to ron and i've tasked him with scheduling a discussion for the spring and to be able to

1578
02:30:01,840 --> 02:30:07,760
 give the commission an update as to what progress we've made as it relates to that so as as you're

1579
02:30:07,760 --> 02:30:11,840
 well aware of and we've talked in the past some major initiatives that the commission and council

1580
02:30:11,840 --> 02:30:15,680
 directed us to work on were the development of the area plans so i know i've talked in the past

1581
02:30:15,680 --> 02:30:21,440
 about how we've kicked off northeast and so already started stakeholder engagement hopefully our

1582
02:30:21,440 --> 02:30:26,960
 contract will be approved on council's agenda next week for southeast dentin and then we're still

1583
02:30:26,960 --> 02:30:31,680
 working through consultant selection on on downtown so that's been consuming a fair amount of our

1584
02:30:31,680 --> 02:30:36,800
 time but i have asked ron to reach out to the other departments also as part of that overview

1585
02:30:36,800 --> 02:30:41,040
 on the update of what progress we've made on the conference of plan to see what what additional

1586
02:30:41,040 --> 02:30:47,200
 progress our colleagues have made since the the implementation of the conference the plan does not

1587
02:30:47,200 --> 02:30:52,160
 solely rely upon the shoulders of the of the planning team so so know that we will be bringing

1588
02:30:52,160 --> 02:30:57,760
 that to you sometime this spring probably be april-ish time frame is what we're targeting

1589
02:30:57,760 --> 02:31:01,840
 just because of all the public engagement activities that we've also got slated balancing

1590
02:31:01,840 --> 02:31:06,400
 that with the existing development so we'll we'll get that all brought back before you so other than

1591
02:31:06,400 --> 02:31:12,320
 that i do not have anything else to report as it relates to the matrix so thank you is there anything

1592
02:31:12,320 --> 02:31:17,840
 that you want to add to the matrix okay any concluding items

1593
02:31:17,840 --> 02:31:27,280
 okay i'll just say thank you everybody a good discussion all the way around hard work by staff

1594
02:31:27,280 --> 02:31:34,320
 in putting our agenda together so thank you very much with that i will adjourn us at 8 31 p.m.