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

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 Wednesday March 1, 2023.

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 This is our work session and with the quorum present I will call us to order at 5.01 p.m.

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 I'll let the record show Commissioner Anderson is absent at this time.

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 First item on the agenda for our work session is the clarification of our agenda for tonight's

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 meeting.

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 So let's move right into that.

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 We've got the minutes from February 15th.

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 Any questions or concerns on that?

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 Okay.

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 Then we'll go to individual consideration items.

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 I will invite Ron up to give us a quick little summary of 3A.

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 >> Yes, ma'am.

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 So this is a rezoning or initial rezoning to LI request from an applicant.

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 This was heard at your February 15th, 2023 meeting as you all recall, P and Z open and

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 close the public hearing and as a result of that there was a motion to deny.

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 The deny turned out to be a tie vote per our section of the code that speaks to a tie vote

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 at P and Z.

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 It is placed on the next planning zoning commission meeting where the P and Z would consider it

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 again as an individual consideration which is what's on the agenda.

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 If there happens to be a second tie vote just for if that happens, it would be a recommendation

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 of a denial to city council but the majority vote would not be required by city council

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 to approve it.

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 Just sort of lay out what would be next if that was the case.

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 For kind of reminder, this is again an initial zoning to LI for this property that's outlined

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 here in yellow on the corner of Thomas Egan and US 380.

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 It was annexed on January 10th of this year following the rezoning of the southern track

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 which is just directly to the south to LI.

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 The subject property that's being considered is 18.6 acres.

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 Currently agriculture, again, Thomas Egan and university is the major arterials.

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 The proposed use is light industrial.

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 So that's a quick summary.

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 We can go into more information at the public hearing but just if there are any questions

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 so far.

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 >> Any questions for Ron?

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 And Ron, you're going to give a full presentation obviously from what we had last meeting, right?

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 >> Yes.

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 >> Okay.

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 Sounds good.

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 If there's no questions, we'll go ahead and move on.

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 Okay.

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 Thanks, Ron.

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 >> Okay.

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 >> Let's go ahead to 3B.

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 And Cameron will give us a quick summary of that.

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 Hi, Cameron.

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 >> Hi.

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 It's been a while.

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 >> Yeah.

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 It has.

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 >> Okay.

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 So this is for preliminary plot for Denton Logistics Center.

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 It is located on FM 1173 just west of the railroad tracks.

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 Staff is recommending denial of the plot as it does not meet criteria for approval but

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 staff has no objection to the extension to March 29th.

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 Any questions?

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 >> Great.

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 Questions?

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 Okay.

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 Thanks, Cameron.

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 That will move us to 3C.

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 And Sean will present that.

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 >> Good.

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 >> Hi, Sean.

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 >> Howdy.

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 This is a plot FR23-0002.

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 It's a proposed final replat of the mid-state's realty addition.

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 So this is a five point, essentially a five acre site off loop 288.

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 That's where the tractor supply is, if you're familiar.

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 Currently they have not met our criteria for approval, recommended denial, but no objection

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 to the request for an extension.

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 Can I answer any questions?

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 >> Awesome.

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 Any questions for Sean on this one?

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 Okay.

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 Thank you very much.

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 That will take us to 3D.

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 And Mia, if you just want to say a couple of words, that would be great.

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 Thank you.

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 >> So this item is the, consider the reconsideration of the PD that was on the agenda for February

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 15th.

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 Just to give you an idea of whether or not, or however you decide to vote this evening,

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 if you decide to reconsider, or vote to reconsider this item, we would re-notice it for another

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 public hearing on March 29th before this body.

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 And then that would subsequently go to city council in April, most likely the first meeting

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 in April.

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 And then if you choose to, if you choose not to reconsider this item, then the original

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 recommendation of denial will be forwarded to the city council, excuse me, for the March

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 7th, which is next Tuesday's city council meeting.

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 Any questions?

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 >> Okay, great.

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 And I assume you're going to be presenting that exact thing at the meeting tonight?

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 >> Yes, ma'am.

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 And then ultimately, it's up to you all to discuss.

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 >> That's perfect.

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 And before, I'm going to read a statement just for clarity on what is happening prior

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 to calling you up for that, in case we have people who come tonight, because we're not

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 really hearing the item tonight, so there might be some confusion.

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 So I just want to set that straight.

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 So if there is somebody, while listening or here, I'm sure you've all seen, we've gotten

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 a lot of comments on that.

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 So it's leading to thinking that maybe they're thinking we're going to actually hear the

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 item tonight, which we're not.

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 We are just considering the reconsideration tonight.

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 Okay?

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 Any questions?

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 All right.

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 Okay.

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 Thanks, Mia.

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 But you are up for our public hearing tonight.

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 So we can be right there, and we'll get a summary of 4A.

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 >> Okay, 4A is an item, Z23-0001 is an item to rezone just under 30 acres from a Plan

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 Development 120 to the mixed-use neighborhood district.

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 I'll go into a little detail about the background of that PD more in the work session.

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 So for the site, it's located just south of Loop 288, a little west of West Locust.

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 The property's future land use designation is of moderate residential, and the request

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 would establish enforceable development standards for the subject property, and of course bring

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 them up to the current development code as opposed to the outdated PD, which was originally

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 established back in 1986.

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 So staff is recommending approval, and I will take any other questions or any questions

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 that you have at this time.

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 >> Okay.

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 Thank you.

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 Any questions for me on this item?

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 I mean, I was reading -- great backup, by the way, and you kept saying, like, illegible.

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 So are -- is there just parts of it that are just -- you cannot read?

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 >> Yeah, because the older -- you remember print and copy back in the '80s.

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 So those documents -- >> It's just kind of faded away, didn't it?

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 Okay.

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 You're not really sure what it says at this point.

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 >> I don't know it.

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 Okay.

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 Okay.

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 Good deal.

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 Okay.

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 I do not see any questions.

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 Thank you.

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 Look forward to the presentation.

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 Okay.

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 So that is our agenda discussion then for the work session.

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 So we'll go ahead and move into our work session report 2A, which is Receive a Report, Hold

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 a Discussion Regarding Protection and Preservation of Environmentally Sensitive Areas.

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 Christy is going to present for us.

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 Hello.

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 >> Hi.

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 It's been a while for me too.

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 >> It has.

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 >> No?

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 It's the wrong one.

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 Oh.

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 I found it.

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 Okay.

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 Okay.

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 So tonight I'm going to be providing you a summary of the Environmentally Sensitive Areas

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 Program anticipation of a couple of projects that we will be bringing to you in the next

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 couple of months.

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 So I just wanted to go over the outline of the program and how that works within the

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 City of Denton overall development framework.

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 So the purpose of the program is to protect our natural resources that -- and the reason

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 that we're looking to protect our natural resources is that we identify that there are

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 ecological benefits that both provide for the community's health as well as our overall

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 enjoyment.

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 And in some of those health benefits includes clean water, clean air, and cleaner soil.

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 And it's -- the adoption and the enforcement and the implementation of these programs is

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 also consistent with Denton's 2040 comprehensive plan.

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 I wanted to highlight here a couple of community benefits and the protection of these environmentally

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 sensitive areas.

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 There is -- there are some -- I want to say federal -- national and local studies that

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 have been performed looking at the economic benefits and the protection of these environmentally

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 sensitive areas and highlighting some of those economic values both for the protection of

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 the waterways and air with the protection of trees.

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 And then in addition to that, doing the opposite and highlighting where a riparian buffer was

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 not protected and was removed and the degradation of the stream system over time, as you can

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 see here in this series of pictures.

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 So that's the why and what are we protecting.

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 These are the four different types.

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 So in the development code, we identified four distinct types of environmentally sensitive

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 areas, going from our floodplains to riparian buffers and water-related habitats or floodplains

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 being the wider or the greater extent around those waterways and then getting closer to

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 the waterways with the riparian buffers and the water-related habitats.

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 And as we get closer to the waterways, the protection requirements are much more stringent

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 recognizing that there's a lot more vulnerability within -- as you get closer to the waterways.

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 And then retaining some of our historical context of this community and retaining the

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 protection of some of the important tree oak species, the post oaks.

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 We have the Crest Timbers upland habitats and the protection of those stands and that

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 specific type of -- a unique habitat type.

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 And so how do we go about identifying those areas that are environmentally sensitive areas?

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 So back in the early 2000s, maybe a little bit before then, there were researchers who

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 compiled a set of data, aerial photography and other data, and they came up with a map.

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 And this map was just a generally -- here's where we believe these environmentally sensitive

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 areas may be located.

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 And the city council at the time, recognizing that there was still quite a lot of information

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 that still needed to be gathered, put together or asked for what is called an ESA field assessment.

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 And through this procedure that's outlined in the development code, when applicants come

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 in and say we want to develop our private land, we then ask for them to identify and

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 confirm either the presence or identify the presence of any areas that are on their property.

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 And through that field assessment, we also update the location and the extent of those

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 areas.

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 And then every time that those projects come in and I update the map, we reflect it on

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 our interactive map.

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 So once we have established the location of those areas, then the development community

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 has general applicability standards in order to protect and preserve those environmentally

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 sensitive areas.

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 And then once they have designed their site, then staff is reviewing against the code protection

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 requirements for that criteria for approval.

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 For projects that cannot design their site to meet that criteria for approval, can seek

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 a relief through a flexible and discretionary process that is called the alternative ESA

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 plan, also established within the DIT and development code.

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 And we work with the developer to come up with a mitigation plan to offset for the ecological

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 benefits that are being lost through the encroachments that they are proposing.

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 And then with that plan, we are looking for them to meet those criteria for approval,

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 including restoring or replacing the ESAs, preserving what's remaining, maximizing community

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 access, things like that.

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 And then we present it to this body for a recommendation to the city council for seeking

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 their approval of that plan.

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 And lastly, I wanted to plug that we have a webpage that we have put together in order

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 to help explain some of the complexities of this program.

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 And on that site, we also have put together a guidance document that we affectionately

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 call the ESA primer, and within that ESA primer, we outline everything that we think that a

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 developer, a landowner, would want to know about what they have on their property, hoping

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 that we can kind of facilitate moving their project along.

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 And with that, I'll take any questions.

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 Thank you, Christy.

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 Questions for Christy?

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 Commissioner Pruitt?

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 Thank you, Chair.

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 I'll start off with what I think is the easier one, and then I have a second one that I just

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 am curious about.

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 My understanding is that when a developer comes in, if the ESA area is, as you described,

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 not up to date, hasn't been updated in a long time, they can hire a consultant to go redefine

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 where that is.

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 And that's at their cost.

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 Is that correct?

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 Yes.

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 Okay.

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 Do we have an opportunity in cases where it makes sense to work with the development community

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 to expand the scope of a particular reassessment of a riparian area, if it would add value to

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 plans that the city has for adjacent lands, does that make sense?

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 Or is that something that's out of scope of the process?

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 Yeah.

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 It's out of scope.

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 Okay.

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 For the short answer, the development code clearly states it's either 50 feet or 100

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 feet from the center line of the channel.

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 That is for the riparian buffers.

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 Sometimes we find wetlands or bottomland high-wood forests.

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 Sometimes we find these areas that were not on the map originally, and once the wetland

248
00:16:15,920 --> 00:16:21,520
 specialist is out there performing the work, they will identify these areas and they will

249
00:16:21,520 --> 00:16:23,000
 add it to the map.

250
00:16:23,000 --> 00:16:24,000
 Sure.

251
00:16:24,000 --> 00:16:25,000
 Yeah.

252
00:16:25,000 --> 00:16:27,520
 I guess I was more curious, and it's out of scope, that's fine.

253
00:16:27,520 --> 00:16:36,280
 But not necessarily of other regions on the land being surveyed, but potentially if the

254
00:16:36,280 --> 00:16:43,140
 existing knowledge of Anissa was very, very old and it's changed a lot, does it also change

255
00:16:43,140 --> 00:16:47,560
 a lot on the areas adjacent to the property of interest?

256
00:16:47,560 --> 00:16:48,560
 That sort of question.

257
00:16:48,560 --> 00:16:49,560
 But that's fine.

258
00:16:49,560 --> 00:16:51,560
 I was just curious.

259
00:16:51,560 --> 00:16:55,640
 Typically, consultants will limit their study to the property that's owned by the person

260
00:16:55,640 --> 00:16:58,480
 who is hiring them.

261
00:16:58,480 --> 00:17:03,800
 We also have in the code that east of field assessments expire after two years.

262
00:17:03,800 --> 00:17:12,000
 So, if the assessment is kind of older, then I also expire it on the map and indicating

263
00:17:12,000 --> 00:17:16,040
 to a future landowner that they'll have to redo that work.

264
00:17:16,040 --> 00:17:17,040
 Got it.

265
00:17:17,040 --> 00:17:18,040
 Okay.

266
00:17:18,040 --> 00:17:19,040
 No, that helps a lot to know that.

267
00:17:19,040 --> 00:17:23,960
 And then the second question is I saw on one of the slides toward the end, there was a

268
00:17:23,960 --> 00:17:30,600
 mention that the ESA requirements apply to properties in the ETJ.

269
00:17:30,600 --> 00:17:31,600
 Oh, yes.

270
00:17:31,600 --> 00:17:32,600
 I'm sorry.

271
00:17:32,600 --> 00:17:35,920
 I glossed over that because I kind of forgot to mention it.

272
00:17:35,920 --> 00:17:36,920
 Yes.

273
00:17:36,920 --> 00:17:37,920
 No, that's fine.

274
00:17:37,920 --> 00:17:47,480
 My familiarity with our ability to provide restrictions within the ETJ is it's basically

275
00:17:47,480 --> 00:17:49,360
 the subdivision requirements.

276
00:17:49,360 --> 00:17:53,840
 And so, can you help explain what our role is for that?

277
00:17:53,840 --> 00:17:54,840
 Sure.

278
00:17:54,840 --> 00:17:55,840
 Yes.

279
00:17:55,840 --> 00:18:03,000
 So, within the ETJ, there is a provision in the state code that says that cities have

280
00:18:03,000 --> 00:18:11,880
 regulatory authority over floodplains for the protection of the community's flood protection

281
00:18:11,880 --> 00:18:13,520
 purposes.

282
00:18:13,520 --> 00:18:17,640
 And we apply that to the environmentally sensitive areas as well.

283
00:18:17,640 --> 00:18:23,480
 So, just in the undeveloped floodplain portion of the code, we do apply that and require

284
00:18:23,480 --> 00:18:26,400
 the protection of the undeveloped floodplain.

285
00:18:26,400 --> 00:18:27,400
 Okay.

286
00:18:27,400 --> 00:18:28,400
 Thank you.

287
00:18:28,400 --> 00:18:29,400
 Other questions?

288
00:18:29,400 --> 00:18:36,480
 Christy, are we doing any proactive study or no?

289
00:18:36,480 --> 00:18:37,480
 Yes.

290
00:18:37,480 --> 00:18:38,480
 We have --

291
00:18:38,480 --> 00:18:41,480
 Can you talk about that?

292
00:18:41,480 --> 00:18:42,480
 Yeah.

293
00:18:42,480 --> 00:18:45,560
 Can you explain a little bit about the UNT?

294
00:18:45,560 --> 00:18:46,560
 Okay.

295
00:18:46,560 --> 00:18:53,000
 So, in the last few years, that map is old, and I know it's old.

296
00:18:53,000 --> 00:18:59,880
 And using data that's over 20 years old, it does lead for a lot of changes.

297
00:18:59,880 --> 00:19:00,880
 Sure.

298
00:19:00,880 --> 00:19:03,800
 And so, I'm hoping that we can work with UNT.

299
00:19:03,800 --> 00:19:12,920
 We have a contract in works with them to have some of their grad students use, hopefully,

300
00:19:12,920 --> 00:19:23,600
 some AI and newer technology to help us identify more concisely the environmentally sensitive

301
00:19:23,600 --> 00:19:26,480
 areas that are on the remaining properties.

302
00:19:26,480 --> 00:19:27,480
 Okay.

303
00:19:27,480 --> 00:19:28,480
 Yeah, that's great.

304
00:19:28,480 --> 00:19:30,120
 Is that something that's just been started, or --

305
00:19:30,120 --> 00:19:31,120
 Yes.

306
00:19:31,120 --> 00:19:32,120
 Yes.

307
00:19:32,120 --> 00:19:34,000
 It's just in the very beginning stages.

308
00:19:34,000 --> 00:19:40,120
 That sounds positive, though, because you're relying on old data, I know, and then we're

309
00:19:40,120 --> 00:19:41,120
 relying on --

310
00:19:41,120 --> 00:19:42,120
 Consultants.

311
00:19:42,120 --> 00:19:45,680
 Consultants that we don't know.

312
00:19:45,680 --> 00:19:51,240
 When a consultant -- I mean, the report comes to you, obviously, after it's done.

313
00:19:51,240 --> 00:19:52,240
 What is the procedure?

314
00:19:52,240 --> 00:19:55,880
 I mean, do you end up on the ground out there ever?

315
00:19:55,880 --> 00:19:56,880
 Sometimes, yes.

316
00:19:56,880 --> 00:19:57,880
 Okay.

317
00:19:57,880 --> 00:19:58,880
 And it's --

318
00:19:58,880 --> 00:19:59,880
 Depending?

319
00:19:59,880 --> 00:20:00,880
 The best moments for me.

320
00:20:00,880 --> 00:20:01,880
 Right.

321
00:20:01,880 --> 00:20:03,720
 I could imagine it is, yes.

322
00:20:03,720 --> 00:20:04,720
 Yes.

323
00:20:04,720 --> 00:20:08,040
 Sometimes we do go out there when we have questions.

324
00:20:08,040 --> 00:20:13,280
 There was a property off of I-35, west of 35, recently.

325
00:20:13,280 --> 00:20:18,840
 They had some beautiful wetlands, and they just -- there were so many questions, because

326
00:20:18,840 --> 00:20:26,200
 there was some really great areas, and so we walked the site with them to kind of help

327
00:20:26,200 --> 00:20:29,640
 make some decisions on what was and what wasn't.

328
00:20:29,640 --> 00:20:30,640
 Yeah.

329
00:20:30,640 --> 00:20:31,640
 Yeah, that's awesome.

330
00:20:31,640 --> 00:20:32,640
 That's awesome.

331
00:20:32,640 --> 00:20:33,640
 Well, good.

332
00:20:33,640 --> 00:20:34,640
 Any other questions?

333
00:20:34,640 --> 00:20:35,640
 Okay.

334
00:20:35,640 --> 00:20:37,640
 Thank you for the presentation.

335
00:20:37,640 --> 00:20:38,640
 Sure.

336
00:20:38,640 --> 00:20:41,360
 It would be great to get an update once that project starts.

337
00:20:41,360 --> 00:20:42,360
 Yes.

338
00:20:42,360 --> 00:20:43,360
 Okay.

339
00:20:43,360 --> 00:20:44,360
 You know, down the road.

340
00:20:44,360 --> 00:20:45,360
 Yes.

341
00:20:45,360 --> 00:20:48,960
 I think that would be a great future work session, down the road, to just hear how that's

342
00:20:48,960 --> 00:20:49,960
 going and all that.

343
00:20:49,960 --> 00:20:50,960
 Yeah.

344
00:20:50,960 --> 00:20:51,960
 It'll take a little bit of time.

345
00:20:51,960 --> 00:20:52,960
 Sure.

346
00:20:52,960 --> 00:20:53,960
 Of course.

347
00:20:53,960 --> 00:20:54,960
 Absolutely.

348
00:20:54,960 --> 00:20:55,960
 Yeah.

349
00:20:55,960 --> 00:20:56,960
 Okay.

350
00:20:56,960 --> 00:20:57,960
 Thank you very much.

351
00:20:57,960 --> 00:20:58,960
 Sure.

352
00:20:58,960 --> 00:20:59,960
 Okay.

353
00:20:59,960 --> 00:21:00,960
 With that, that concludes our work session, so I'll go ahead and close us at 522 p.m.

354
00:21:00,960 --> 00:21:12,040
 and we will reconvene in council chambers at 630.

355
00:21:12,040 --> 00:21:15,260
 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for

356
00:21:15,260 --> 00:21:18,640
 Wednesday, March 1st, 2023.

357
00:21:18,640 --> 00:21:22,520
 With a quorum present, I will call us to order at 630 p.m.

358
00:21:22,520 --> 00:21:25,840
 The first item on our agenda this evening is the Pledge of Allegiance to the U.S. and

359
00:21:25,840 --> 00:21:31,000
 Texas Blacks.

360
00:21:31,000 --> 00:21:38,160
 I pledge allegiance to the Black of the United States of America and to the Republic for

361
00:21:38,160 --> 00:21:43,320
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

362
00:21:43,320 --> 00:21:55,360
 With Texas Black, I pledge allegiance to thee, Texas, one state, under God, one and indivisible.

363
00:21:55,360 --> 00:21:57,060
 Thank you.

364
00:21:57,060 --> 00:22:03,920
 Next item on our agenda is the consideration of approval of our minutes for February 15th.

365
00:22:03,920 --> 00:22:04,920
 Commissioner Smith?

366
00:22:04,920 --> 00:22:06,320
 Make a motion to approve.

367
00:22:06,320 --> 00:22:07,320
 Commissioner Anderson?

368
00:22:07,320 --> 00:22:08,320
 Second.

369
00:22:08,320 --> 00:22:11,060
 We've got a first and a second for approval of the minutes.

370
00:22:11,060 --> 00:22:13,640
 Any discussion?

371
00:22:13,640 --> 00:22:21,740
 Seeing none, let's vote on the board, please.

372
00:22:21,740 --> 00:22:23,480
 That motion will carry 7-0.

373
00:22:23,480 --> 00:22:27,720
 That will bring us to our items for individual consideration.

374
00:22:27,720 --> 00:22:31,760
 3A is Z220019A.

375
00:22:31,760 --> 00:22:34,920
 I'll invite Ron up for presentation of this item.

376
00:22:34,920 --> 00:22:35,920
 Good evening, Ron.

377
00:22:35,920 --> 00:22:41,440
 Good evening, Mr. Chairman, Commissioner Brown, with Wellman Services, Principal Planner.

378
00:22:41,440 --> 00:22:58,160
 Should we get the right presentation here?

379
00:22:58,160 --> 00:23:03,680
 Just for background information, this item has been considered, was considered at our

380
00:23:03,680 --> 00:23:07,320
 February 15th, 2023 Planning Zoning Commission.

381
00:23:07,320 --> 00:23:14,360
 At that time, the item, the public hearing for that item, that is, was open and closed.

382
00:23:14,360 --> 00:23:19,360
 There was then a motion for denial, which resulted in a tally vote 3-3.

383
00:23:19,360 --> 00:23:24,880
 Per our development code, the process or procedure in which a tally vote happens at P&Z, it is

384
00:23:24,880 --> 00:23:29,680
 scheduled for the next meeting, and at the next meeting, it's reconsidered or considered

385
00:23:29,680 --> 00:23:34,080
 again for an IC item.

386
00:23:34,080 --> 00:23:37,480
 If there is a result of a tally vote, which I don't think will happen since we have seven

387
00:23:37,480 --> 00:23:41,880
 members here, so we won't go into those details.

388
00:23:41,880 --> 00:23:49,520
 So the request before you today is a zoning to an LI, Light Industrial Zoning District.

389
00:23:49,520 --> 00:23:53,880
 The subject property that you see outlined in yellow was annexed in January of this year,

390
00:23:53,880 --> 00:23:55,360
 on January.

391
00:23:55,360 --> 00:24:02,280
 This was following a rezoning of the southern track to LI, which was in September of 2022.

392
00:24:02,280 --> 00:24:04,560
 The site is approximately 18.6 acres.

393
00:24:04,560 --> 00:24:07,320
 You can see it's undeveloped.

394
00:24:07,320 --> 00:24:12,960
 Primary arterials are Thomas Egan to the west, University generally to the south, and again,

395
00:24:12,960 --> 00:24:19,780
 the application or the purpose for the zoning is to facilitate the proposed use of an industrial

396
00:24:19,780 --> 00:24:23,160
 use on the property.

397
00:24:23,160 --> 00:24:26,720
 Just wanted to show before and after of what the current zoning is.

398
00:24:26,720 --> 00:24:32,360
 You can see that the current zoning as of today has an RR designation just because it

399
00:24:32,360 --> 00:24:33,480
 was recently annexed.

400
00:24:33,480 --> 00:24:37,000
 That's that designation that we assigned for those properties.

401
00:24:37,000 --> 00:24:42,800
 The application or applicant is requesting an LI, which would make it the blue that you

402
00:24:42,800 --> 00:24:49,520
 see here, again, similar to what was rezoned back in September.

403
00:24:49,520 --> 00:24:54,920
 City Line Use shows the property as Light Industrial, and Light Industrial for this area

404
00:24:54,920 --> 00:25:05,120
 was updated back when the comprehensive plan was updated back in March of 2022.

405
00:25:05,120 --> 00:25:08,520
 I know at the last meeting there was a lot of discussion related to municipal utility

406
00:25:08,520 --> 00:25:09,520
 district.

407
00:25:09,520 --> 00:25:15,080
 I just wanted to show this slide where the municipal utility districts are shown.

408
00:25:15,080 --> 00:25:20,520
 You can see in the yellow circle here is where the site is generally located, and then to

409
00:25:20,520 --> 00:25:28,240
 the west of that property you can see in pink, all of those are identified as either existing

410
00:25:28,240 --> 00:25:31,840
 or proposed, or potential municipal utility district.

411
00:25:31,840 --> 00:25:38,780
 Again, the majority of them are located west of the subject property.

412
00:25:38,780 --> 00:25:46,160
 The one real close and adjacent to the subject property is the Legends Ranch MUD, M-U-D,

413
00:25:46,160 --> 00:25:47,760
 Municipal Utility District.

414
00:25:47,760 --> 00:25:53,600
 The subject site is shown here, generally this area to the southeast corner.

415
00:25:53,600 --> 00:25:59,320
 Directly across the street, across over to Thomas Egan, that is, is what is being proposed

416
00:25:59,320 --> 00:26:05,180
 as future commercial along University, and then you can see the rest of the development

417
00:26:05,180 --> 00:26:11,120
 has residential, single family, and then further to the west of that is, right in this general

418
00:26:11,120 --> 00:26:13,600
 location, is a future multi-family development.

419
00:26:13,600 --> 00:26:22,040
 So, again, this is the proposed land use for the Legends Ranch MUD.

420
00:26:22,040 --> 00:26:27,640
 We talked a little bit about how the future land use designation was assigned as slide

421
00:26:27,640 --> 00:26:28,640
 industrial.

422
00:26:28,640 --> 00:26:33,120
 I think one of my reasons, or one of the reasons I provided during that time was the extension

423
00:26:33,120 --> 00:26:34,120
 of Loop 288.

424
00:26:34,120 --> 00:26:39,520
 So, I wanted to just give some context of where that is, so the Loop 288 is just along

425
00:26:39,520 --> 00:26:45,520
 this alignment here, just going to be west of the airport, and the subject site is just

426
00:26:45,520 --> 00:26:49,120
 to the west of that future extension.

427
00:26:49,120 --> 00:26:54,880
 Also, the other reason that was provided is because, for slide industrial, is the area

428
00:26:54,880 --> 00:27:01,140
 that we see dotted here are all the gas wells that we have documented within the city.

429
00:27:01,140 --> 00:27:07,100
 Most of it, of course, is on the west side of I-35W and I-35 North.

430
00:27:07,100 --> 00:27:13,640
 The subject property is shown here in the yellow circle, and also the gas wells, again,

431
00:27:13,640 --> 00:27:19,760
 are west of the subject property, or in and around the subject property.

432
00:27:19,760 --> 00:27:25,040
 Staff did look at the criteria of approval for a zoning case, a zoning request that is,

433
00:27:25,040 --> 00:27:29,080
 and per the development code, staff reviewed those criteria.

434
00:27:29,080 --> 00:27:34,160
 It is consistent with the future land use map, which is in the DEN Development Code,

435
00:27:34,160 --> 00:27:39,400
 I'm sorry, the DEN 2040 comprehensive plan, consistent with the future land, the allied

436
00:27:39,400 --> 00:27:42,000
 purpose statement in the development code.

437
00:27:42,000 --> 00:27:45,800
 Zoning is not expected to generate significant adverse as far as environmental, infrastructure,

438
00:27:45,800 --> 00:27:53,640
 or fiscal impacts, and the utilities will be extended as the property is developed.

439
00:27:53,640 --> 00:27:56,000
 Notifications were sent out for this item.

440
00:27:56,000 --> 00:28:02,880
 As of this afternoon, this evening, staff has not received any in opposition or in favor.

441
00:28:02,880 --> 00:28:09,120
 Lastly, staff's recommending approval of this initial zoning district to ally as it meets

442
00:28:09,120 --> 00:28:14,500
 the criteria of the outline in the development code.

443
00:28:14,500 --> 00:28:16,280
 With that, I'll stand for any questions.

444
00:28:16,280 --> 00:28:20,280
 The applicant also has a presentation and is available for any questions that the commission

445
00:28:20,280 --> 00:28:21,280
 may have.

446
00:28:21,280 --> 00:28:22,280
 Great.

447
00:28:22,280 --> 00:28:23,280
 Thank you, Ron.

448
00:28:23,280 --> 00:28:26,340
 Are there any questions right now for Ron?

449
00:28:26,340 --> 00:28:27,720
 Okay.

450
00:28:27,720 --> 00:28:28,720
 I do not see any.

451
00:28:28,720 --> 00:28:29,720
 Oh, Commissioner Smith.

452
00:28:29,720 --> 00:28:30,720
 Thank you, Chair.

453
00:28:30,720 --> 00:28:36,040
 The lower part of the subject property, Ron, that was zoned ally back in September 2022,

454
00:28:36,040 --> 00:28:39,080
 that was the same applicant, correct, and the requestant?

455
00:28:39,080 --> 00:28:40,920
 Thank you.

456
00:28:40,920 --> 00:28:41,920
 Okay.

457
00:28:41,920 --> 00:28:44,980
 Thanks, Ron.

458
00:28:44,980 --> 00:28:49,820
 This is not a public hearing, but we do allow comments from the public on our individual

459
00:28:49,820 --> 00:28:51,840
 consideration items.

460
00:28:51,840 --> 00:28:55,000
 So Clint, I believe, are you the applicant on it?

461
00:28:55,000 --> 00:28:56,000
 Yes.

462
00:28:56,000 --> 00:28:58,840
 I'll go ahead and invite you up, and then I've got a couple other cards wishing to speak.

463
00:28:58,840 --> 00:29:00,720
 If you'll state your name and address your time, we'll begin.

464
00:29:00,720 --> 00:29:01,720
 Thank you.

465
00:29:01,720 --> 00:29:02,720
 Great.

466
00:29:02,720 --> 00:29:08,920
 Yeah, I'm Clint Riley on behalf of the property owner and developer.

467
00:29:08,920 --> 00:29:11,240
 We've been dealing with this for quite some time, and I really just wanted to show up

468
00:29:11,240 --> 00:29:16,280
 today and just kind of explain to be sure you all are clear on kind of what the process

469
00:29:16,280 --> 00:29:18,280
 looked like.

470
00:29:18,280 --> 00:29:24,200
 We've been having dialogue with you guys since September of '21, well in advance when we

471
00:29:24,200 --> 00:29:27,320
 bought this tract.

472
00:29:27,320 --> 00:29:31,200
 We were really clear with your staff, hey, we think this is an industrial site.

473
00:29:31,200 --> 00:29:35,200
 Do you think it's an industrial site?

474
00:29:35,200 --> 00:29:44,680
 And we got positive feedback, and so we went through a process at that time to try to get

475
00:29:44,680 --> 00:29:50,200
 this, because it was already split zone, actually part was in the county and part was zone,

476
00:29:50,200 --> 00:29:53,000
 what was the first part, sir?

477
00:29:53,000 --> 00:29:54,000
 Rural residential.

478
00:29:54,000 --> 00:29:56,620
 Rural residential, so it was kind of like a mixed bag.

479
00:29:56,620 --> 00:30:03,600
 So the way we understood y'all's process is that it would make more sense for us for this

480
00:30:03,600 --> 00:30:08,320
 to all happen at one, because buying something that's part residential and part commercial

481
00:30:08,320 --> 00:30:09,320
 doesn't make a lot of sense.

482
00:30:09,320 --> 00:30:13,740
 Buying something that's part city of Denver and part county doesn't make a lot of sense.

483
00:30:13,740 --> 00:30:21,060
 So we embarked on this really long consuming process to try to get what we thought we were

484
00:30:21,060 --> 00:30:28,080
 going to get at the beginning, which was 28 acre tract for one high quality institutional

485
00:30:28,080 --> 00:30:29,080
 industrial development.

486
00:30:29,080 --> 00:30:36,160
 But instead, we had to get a partial zoning, which we got, understand we got unanimous

487
00:30:36,160 --> 00:30:42,960
 support from this group, and our next step was, okay, we need to annex this, and part

488
00:30:42,960 --> 00:30:43,960
 was annexation.

489
00:30:43,960 --> 00:30:50,920
 We asked for a conditional annex to get the industrial, so the whole tract has the industrial

490
00:30:50,920 --> 00:30:51,920
 nature.

491
00:30:51,920 --> 00:30:53,640
 I've been an industrial broker for 20 years.

492
00:30:53,640 --> 00:30:56,800
 I think this has attributes that you would look for for industrial.

493
00:30:56,800 --> 00:31:01,120
 I mean, it's not great to put your house, some kind of residential component, right

494
00:31:01,120 --> 00:31:04,360
 on 380, with as much frontage and noise and things that are going on right there.

495
00:31:04,360 --> 00:31:09,320
 So we've got a big drainage basin to the back, we've got a lot of frontage on 380,

496
00:31:09,320 --> 00:31:15,800
 and I think this property lends itself to a low impact, you know, high tax generating

497
00:31:15,800 --> 00:31:17,120
 component for the city.

498
00:31:17,120 --> 00:31:20,160
 So that's kind of what we've been through.

499
00:31:20,160 --> 00:31:25,600
 So anyway, I love answering questions you guys may have if y'all don't understand what

500
00:31:25,600 --> 00:31:29,640
 we're trying to do or why we did what we did, but I think we've been really great stewards

501
00:31:29,640 --> 00:31:30,640
 of this process.

502
00:31:30,640 --> 00:31:34,400
 We've been really clear in telegraphing what we've been trying to do since well before

503
00:31:34,400 --> 00:31:37,400
 we made a multi-million dollar commitment to buy this.

504
00:31:37,400 --> 00:31:41,160
 And I love to answer any questions that you guys may have because it feels like a couple

505
00:31:41,160 --> 00:31:47,000
 weeks ago we went from having, you know, unlimited support to a mixed bag and nothing's changed

506
00:31:47,000 --> 00:31:48,440
 in 18 months on our end.

507
00:31:48,440 --> 00:31:52,040
 So a far way.

508
00:31:52,040 --> 00:31:53,040
 Thank you, Mr. Riley.

509
00:31:53,040 --> 00:31:56,320
 Any questions at this point?

510
00:31:56,320 --> 00:31:57,320
 Commissioner Cole.

511
00:31:57,320 --> 00:31:58,320
 Thank you, Chair.

512
00:31:58,320 --> 00:32:04,280
 I think what popped up between now and then is the realization of all the single family

513
00:32:04,280 --> 00:32:11,040
 homes that are going in next to it to the west and to the southwest.

514
00:32:11,040 --> 00:32:15,480
 That's all going to be single family, yeah, there's going to be some commercial, sure.

515
00:32:15,480 --> 00:32:22,760
 But LI is, I still, I'm not going to support this, but it's too, in my opinion, too invasive

516
00:32:22,760 --> 00:32:26,920
 next and too intensive next to single family homes.

517
00:32:26,920 --> 00:32:30,680
 LI, you won't, I mean, you generally don't see that right next to these developments.

518
00:32:30,680 --> 00:32:36,920
 So there's a giant river basin on one side of the property, 380 on the other side of

519
00:32:36,920 --> 00:32:40,920
 the property, and the back end of a development that's not even in y'all's jurisdiction as

520
00:32:40,920 --> 00:32:43,640
 it's currently constituted, the way I understand it.

521
00:32:43,640 --> 00:32:46,800
 We've actually been working with that developer, we granted them an easement, they've been

522
00:32:46,800 --> 00:32:51,200
 in our office several times, like we're trying to help them get what they need.

523
00:32:51,200 --> 00:32:58,800
 LI, I mean, that's, I live in Coppell, they love LI, it's generally favorable, there's

524
00:32:58,800 --> 00:33:03,120
 really no fumes, dust, I mean, it's an institutional warehouse.

525
00:33:03,120 --> 00:33:07,600
 You've got them up and down 380 that are done really well, they're really high quality and

526
00:33:07,600 --> 00:33:13,560
 I understand your concern, but put yourself in my shoes, I've been trying to get this

527
00:33:13,560 --> 00:33:19,760
 done for 18 months, I've voluntarily annexed, based on the support of recommendations and

528
00:33:19,760 --> 00:33:23,240
 support of this city, and I made a multi-million dollar commitment based on that.

529
00:33:23,240 --> 00:33:27,760
 So I understand, put yourself in my shoes if you don't mind.

530
00:33:27,760 --> 00:33:33,120
 And I am, but I mean, something less intensive, I would be happy with.

531
00:33:33,120 --> 00:33:37,680
 There's nothing less intensive, there's no school, you don't have to provide school to

532
00:33:37,680 --> 00:33:43,960
 industrial users, we bring in a ton of infrastructure, again, there's no noise, there's a big tax

533
00:33:43,960 --> 00:33:48,520
 base, it looks like you're going to get a big institutional name, and you're going to

534
00:33:48,520 --> 00:33:51,200
 get your residential neighborhood right next door to it.

535
00:33:51,200 --> 00:33:59,600
 So I live out there, all my life, and this was a rural area, rural homes, now we're all

536
00:33:59,600 --> 00:34:08,400
 surrounded by LI, and I can tell you from experience, it's rocky, it hadn't been smooth,

537
00:34:08,400 --> 00:34:15,240
 and it's, you know, dropped the quality of life of people that live around there, and

538
00:34:15,240 --> 00:34:25,320
 on the 380, I mean, I appreciate what you're doing, you know, but still, I mean, one thing

539
00:34:25,320 --> 00:34:29,680
 we're not still, I mean, we're kind of under the thing, what else is an ETJ, so who cares,

540
00:34:29,680 --> 00:34:32,160
 you know, but there's something about being a good neighbor.

541
00:34:32,160 --> 00:34:39,600
 I've known this before I annexed, that y'all weren't going to support it, you know, we've

542
00:34:39,600 --> 00:34:49,120
 been all ears on this process for well over a year now, and the industrial in the back

543
00:34:49,120 --> 00:34:53,160
 of Mosh Branch is not the same industrial that we're talking about for LI, I mean, you

544
00:34:53,160 --> 00:34:57,520
 see, you've got brand new development up and down 380 that is high quality industrial,

545
00:34:57,520 --> 00:34:58,520
 and that's what you build.

546
00:34:58,520 --> 00:35:01,520
 So in your mind, what are you thinking?

547
00:35:01,520 --> 00:35:07,960
 200,000 square foot, tilt wall warehouse, front park rear load, 32 clear, ESFR, I mean,

548
00:35:07,960 --> 00:35:12,840
 we do this, do this for a living, I'm building about a million square feet roundup industrial,

549
00:35:12,840 --> 00:35:18,160
 some of it's built to suit, I do it around the country for publicly traded national credit

550
00:35:18,160 --> 00:35:21,600
 tenants, so you're not going to have metal warehouse like you have on the back of Mosh

551
00:35:21,600 --> 00:35:24,320
 Branch, you're just not going to.

552
00:35:24,320 --> 00:35:25,320
 But you could.

553
00:35:25,320 --> 00:35:26,320
 You could.

554
00:35:26,320 --> 00:35:27,320
 Right?

555
00:35:27,320 --> 00:35:28,320
 Yeah.

556
00:35:28,320 --> 00:35:29,320
 But you could.

557
00:35:29,320 --> 00:35:30,320
 You could.

558
00:35:30,320 --> 00:35:31,320
 Okay.

559
00:35:31,320 --> 00:35:32,320
 Thanks.

560
00:35:32,320 --> 00:35:33,320
 Appreciate it.

561
00:35:33,320 --> 00:35:34,320
 Yeah.

562
00:35:34,320 --> 00:35:38,560
 I don't see any other questions at this time, Mr. Olley, thank you so much.

563
00:35:38,560 --> 00:35:42,280
 I do have another card here, Sylvia Phillips.

564
00:35:42,280 --> 00:35:48,520
 Hi, Ms. Phillips, if you could give your name and address, your time will begin.

565
00:35:48,520 --> 00:35:52,200
 My name is Sylvia Phillips, and I'm not that tall.

566
00:35:52,200 --> 00:36:02,640
 I live at 2801 South Highway 377 and Crossroads, and my home is located two-tenths of a mile

567
00:36:02,640 --> 00:36:05,840
 north of Highway 380.

568
00:36:05,840 --> 00:36:11,000
 So I feel that I'm qualified to speak to you about the quality of life in a single family

569
00:36:11,000 --> 00:36:14,560
 community adjacent to 380.

570
00:36:14,560 --> 00:36:22,120
 When I moved here in 2004, we had about 30,000 cars per day moving on 380.

571
00:36:22,120 --> 00:36:29,080
 Some 19 years later, we now have 70,000 cars per day on 380.

572
00:36:29,080 --> 00:36:34,600
 Scott has already announced, yet, the next expansion plans for 380.

573
00:36:34,600 --> 00:36:41,960
 It's to be doubled in width, and it is still under construction from this round of 380.

574
00:36:41,960 --> 00:36:51,120
 So what I want to say to you is living adjacent to or in the vicinity of sound traffic from

575
00:36:51,120 --> 00:36:53,460
 380 is very intrusive.

576
00:36:53,460 --> 00:36:56,160
 There's a constant roar.

577
00:36:56,160 --> 00:37:00,040
 It can be heard easily a half-mile north of 380.

578
00:37:00,040 --> 00:37:05,520
 And when the ambulance runs through, all the neighborhood dogs set off howling.

579
00:37:05,520 --> 00:37:14,080
 So I wonder if any of you all have ever noticed driving from Dallas, North Dallas tollway,

580
00:37:14,080 --> 00:37:18,400
 out this direction, that there's some areas of depressed roadway.

581
00:37:18,400 --> 00:37:22,760
 The purpose of depressing that roadway, well, first of all, the only places I've seen that's

582
00:37:22,760 --> 00:37:28,840
 in Highland Park, but the purpose of depressing the roadway is that the sidewalls provide

583
00:37:28,840 --> 00:37:31,160
 sound attenuation.

584
00:37:31,160 --> 00:37:38,580
 They're baffling to deflect that road noise away from existing residents.

585
00:37:38,580 --> 00:37:43,680
 When an industrial or a business park is built, the walls that are constructed are typically

586
00:37:43,680 --> 00:37:51,520
 taller than a single-story residence, and they, in and of themselves, will provide sound

587
00:37:51,520 --> 00:37:55,800
 attenuation, baffling to deflect that sound away from there.

588
00:37:55,800 --> 00:38:01,460
 So I am stating to you that without a doubt, houses that are already in that community

589
00:38:01,460 --> 00:38:08,720
 that will be in the sound shed of this road will ultimately be protected from sound noise

590
00:38:08,720 --> 00:38:15,360
 because there is a project and a development built that serves to quiet and attenuate the

591
00:38:15,360 --> 00:38:17,560
 noise from their quality of lifestyle.

592
00:38:17,560 --> 00:38:22,040
 So this I'm saying to you from my personal experience and my observations.

593
00:38:22,040 --> 00:38:30,520
 I also think that in this particular application, there's a creek bed that buffers the natural

594
00:38:30,520 --> 00:38:38,000
 vegetation, the natural creek bed buffers the site and the sound from this project and

595
00:38:38,000 --> 00:38:40,000
 also further from the roadway.

596
00:38:40,000 --> 00:38:46,560
 So they are, in fact, in a much better situation on this site for it to have the light industrial

597
00:38:46,560 --> 00:38:50,160
 use and to have a business park granted.

598
00:38:50,160 --> 00:38:57,600
 So in addition to the business park being an asset, is that my time?

599
00:38:57,600 --> 00:38:58,600
 That is your time, but I'll let you wrap up.

600
00:38:58,600 --> 00:38:59,920
 Well, let me just sum up really quickly.

601
00:38:59,920 --> 00:39:00,920
 Sure.

602
00:39:00,920 --> 00:39:06,600
 This is very important for the School District of Crum to balance their tax revenue.

603
00:39:06,600 --> 00:39:10,760
 It will not generate one child who needs an education, but it will provide much, much

604
00:39:10,760 --> 00:39:14,320
 tax need and revenue to the School District of Crum.

605
00:39:14,320 --> 00:39:20,000
 And that will save and help the little man, the individual homeowner will appreciate this

606
00:39:20,000 --> 00:39:23,960
 more so than anybody will ever appreciate.

607
00:39:23,960 --> 00:39:24,960
 Thanks for sharing your thoughts.

608
00:39:24,960 --> 00:39:27,960
 Appreciate it.

609
00:39:27,960 --> 00:39:35,240
 I do have another card here, Sidney Evans.

610
00:39:35,240 --> 00:39:36,240
 You'll state your name and address.

611
00:39:36,240 --> 00:39:37,240
 Your time will begin.

612
00:39:37,240 --> 00:39:38,240
 Hello.

613
00:39:38,240 --> 00:39:39,240
 Yes, I'm Sidney Evans.

614
00:39:39,240 --> 00:39:40,240
 I live at 2209 High Meadow Drive.

615
00:39:40,240 --> 00:39:43,240
 I won't probably be quite as long-winded as my predecessors.

616
00:39:43,240 --> 00:39:48,680
 As a resident of Denton County now for about 20 years, and a homeowner in the city of Denton

617
00:39:48,680 --> 00:39:54,200
 for 10 years of that, I've lived in the city of limits and I've commuted past this property

618
00:39:54,200 --> 00:39:56,000
 for five years over at Airport Road.

619
00:39:56,000 --> 00:40:01,480
 I work for one of the larger manufacturers over there and have been privy to a lot of

620
00:40:01,480 --> 00:40:03,640
 the construction and things that have taken place.

621
00:40:03,640 --> 00:40:08,200
 That being said, I'm here to express my interest in favor of approving the request of light

622
00:40:08,200 --> 00:40:09,720
 industrial zoning.

623
00:40:09,720 --> 00:40:14,840
 The light industrial zoning not only complies with the precedented Denton 2040 comprehensive

624
00:40:14,840 --> 00:40:18,640
 plan, but it also coincides with surrounding property's approved usage.

625
00:40:18,640 --> 00:40:23,080
 But first and foremost, it serves a need in the community.

626
00:40:23,080 --> 00:40:26,400
 Many large manufacturing and distribution centers are located in the near vicinity.

627
00:40:26,400 --> 00:40:30,640
 My organization, as well as others along Airport Road and surrounding areas, continue to demand

628
00:40:30,640 --> 00:40:34,660
 overflow storage and staging zones for both raw materials and finished goods.

629
00:40:34,660 --> 00:40:37,000
 If you're aware of what's there, it's mostly food and beverage.

630
00:40:37,000 --> 00:40:42,560
 It's mostly very light industrial usage items that most of you probably have in your home

631
00:40:42,560 --> 00:40:43,560
 today.

632
00:40:43,560 --> 00:40:46,960
 We must be cognizant of our local manufacturers' needs, as well as the supply chain challenges

633
00:40:46,960 --> 00:40:50,880
 that we're all continuing to face that we really don't have a resolution to today.

634
00:40:50,880 --> 00:40:54,760
 By approving the subject property for light industrial use, you are supporting the immediate

635
00:40:54,760 --> 00:40:59,320
 need of local businesses and I ask that you vote yes in favor of supporting the zoning

636
00:40:59,320 --> 00:41:00,320
 request.

637
00:41:00,320 --> 00:41:01,320
 Thank you.

638
00:41:01,320 --> 00:41:04,440
 Thank you for sharing your thoughts.

639
00:41:04,440 --> 00:41:06,480
 I don't have any other cards in front of me.

640
00:41:06,480 --> 00:41:09,520
 Is there anyone else wishing to speak on this item?

641
00:41:09,520 --> 00:41:12,000
 In the audience?

642
00:41:12,000 --> 00:41:13,000
 Okay.

643
00:41:13,000 --> 00:41:17,520
 I can open up the floor here for further discussion or a motion.

644
00:41:17,520 --> 00:41:18,520
 Commissioner Smith?

645
00:41:18,520 --> 00:41:23,240
 I'm going to make a motion to approve this project as presented.

646
00:41:23,240 --> 00:41:28,320
 I hear Commissioner Cole's concerns and I would agree with you that if it wasn't, if

647
00:41:28,320 --> 00:41:33,800
 there weren't muds already out there, that you could possibly see overarching encroachment

648
00:41:33,800 --> 00:41:38,880
 of industrial further and further down, 380, but this does feel like it is going to be

649
00:41:38,880 --> 00:41:45,160
 a self-contained project and then to add to this even more, this commission voted to approve

650
00:41:45,160 --> 00:41:48,480
 the LI zoning there in September of 2022.

651
00:41:48,480 --> 00:41:52,040
 It's not that we should automatically say if we did something in the past, we should

652
00:41:52,040 --> 00:41:56,300
 approve and keep going forward in the future, but it meets the flume.

653
00:41:56,300 --> 00:41:58,320
 It makes sense for the area.

654
00:41:58,320 --> 00:42:01,760
 The single family residential that exists out there now is across the street from a record

655
00:42:01,760 --> 00:42:07,360
 service and other light industrial type of uses and so for us to walk away and say that

656
00:42:07,360 --> 00:42:11,280
 this project cannot move forward, it just doesn't make sense to me.

657
00:42:11,280 --> 00:42:13,480
 For that, I'll make the motion to approve as presented.

658
00:42:13,480 --> 00:42:14,480
 Thank you.

659
00:42:14,480 --> 00:42:15,480
 Commissioner Pruitt?

660
00:42:15,480 --> 00:42:17,720
 Yeah, I'll second.

661
00:42:17,720 --> 00:42:24,480
 For many of the same reasons, I'll just add that we're going to have to work through what

662
00:42:24,480 --> 00:42:34,880
 this area means in the future and for reasons of consistency and just what makes sense,

663
00:42:34,880 --> 00:42:43,200
 I think any other use here in the future would be very likely more intrusive.

664
00:42:43,200 --> 00:42:51,600
 We recently worked through some outdoor storage and other provisions in our code that I think

665
00:42:51,600 --> 00:42:59,200
 are well suited to mitigate issues that might arise and so for those reasons, I'm comfortable

666
00:42:59,200 --> 00:43:00,200
 with it.

667
00:43:00,200 --> 00:43:01,200
 Thank you.

668
00:43:01,200 --> 00:43:03,840
 We've got a first and a second for approval.

669
00:43:03,840 --> 00:43:06,760
 Any discussion?

670
00:43:06,760 --> 00:43:07,760
 Commissioner Villarreal?

671
00:43:07,760 --> 00:43:15,280
 I'm going to once again vote in denial of this motion.

672
00:43:15,280 --> 00:43:21,640
 I respect the fact that you all were able to come and speak tonight, fully understand

673
00:43:21,640 --> 00:43:29,560
 the reasoning for supporting this project, however, just because we have a good project

674
00:43:29,560 --> 00:43:34,720
 lined up at this current moment doesn't mean that that's going to be the project that goes

675
00:43:34,720 --> 00:43:38,960
 onto this property in the future.

676
00:43:38,960 --> 00:43:44,600
 I am hesitant to rezone this area light industrial with that fact in mind.

677
00:43:44,600 --> 00:43:47,320
 We don't control what is built there.

678
00:43:47,320 --> 00:43:53,280
 All we can control is the zoning of the land and with the single family development right

679
00:43:53,280 --> 00:44:00,360
 across the street, with more folks moving into this area, I am just not willing to say,

680
00:44:00,360 --> 00:44:08,000
 you know what, let's make their quality of life worse by putting in more light industrial

681
00:44:08,000 --> 00:44:10,460
 right across the way from them.

682
00:44:10,460 --> 00:44:14,920
 So I'm once again voting against this project and yeah.

683
00:44:14,920 --> 00:44:17,320
 Thank you.

684
00:44:17,320 --> 00:44:20,080
 Any other discussion before we vote?

685
00:44:20,080 --> 00:44:28,120
 Okay, I'll just add kind of what I said last time we heard this, you know, this area many

686
00:44:28,120 --> 00:44:33,120
 years ago, I stated this, needed some kind of a small area plan and to really decide

687
00:44:33,120 --> 00:44:38,760
 what we wanted this to become and grow and we didn't do that as a city, unfortunately.

688
00:44:38,760 --> 00:44:45,480
 So development kind of took place and it kind of made its way in light industrial.

689
00:44:45,480 --> 00:44:50,680
 So well, I don't love that fact if we just take what's in front of us today with this

690
00:44:50,680 --> 00:44:52,720
 particular site.

691
00:44:52,720 --> 00:44:59,360
 As Commissioner Smith mentioned, we rezone the front of this property, L.I., the back

692
00:44:59,360 --> 00:45:05,760
 of this property that we are looking at tonight is encumbered greatly by the environmentally

693
00:45:05,760 --> 00:45:12,240
 sensitive area on the east side of it.

694
00:45:12,240 --> 00:45:19,460
 The request as it is tonight makes sense for this particular piece of property.

695
00:45:19,460 --> 00:45:24,400
 So I will say that if there's any other discussion and if not, let's go ahead and vote on the

696
00:45:24,400 --> 00:45:36,240
 board.

697
00:45:36,240 --> 00:45:44,440
 That motion will carry four, three.

698
00:45:44,440 --> 00:45:53,040
 That will move us to item 3B tonight, that's PP23-0004 and I believe Cameron is coming

699
00:45:53,040 --> 00:45:55,340
 up for presentation of that item.

700
00:45:55,340 --> 00:45:57,000
 Good evening.

701
00:45:57,000 --> 00:46:06,080
 Good evening Chair and Commissioners, Cameron Robertson, principal planner.

702
00:46:06,080 --> 00:46:09,640
 So this is PP23-0004.

703
00:46:09,640 --> 00:46:16,400
 This is a preliminary plot for Denton Logistics Center located along FM 1173, just east of

704
00:46:16,400 --> 00:46:19,160
 the railroad line right there.

705
00:46:19,160 --> 00:46:23,320
 Staff is recommending denial of the plot as it does not meet the criteria for approval,

706
00:46:23,320 --> 00:46:28,320
 but staff has no objection to the request and extension to March 29th.

707
00:46:28,320 --> 00:46:29,320
 Any questions?

708
00:46:29,320 --> 00:46:30,320
 Thank you, Cameron.

709
00:46:30,320 --> 00:46:31,320
 Any questions for Cameron?

710
00:46:31,320 --> 00:46:32,320
 I do not see any.

711
00:46:32,320 --> 00:46:33,320
 Thank you so much.

712
00:46:33,320 --> 00:46:34,320
 Commissioner Villarreal.

713
00:46:34,320 --> 00:46:36,320
 I move approval of the extension to the date certain of March 29th, 2023.

714
00:46:36,320 --> 00:46:37,320
 Commissioner Smith?

715
00:46:37,320 --> 00:46:38,320
 Second.

716
00:46:38,320 --> 00:46:39,320
 Okay.

717
00:46:39,320 --> 00:46:48,440
 We've got a first and a second to approve the extension request to a date certain of

718
00:46:48,440 --> 00:46:51,040
 March 29th, 2023.

719
00:46:51,040 --> 00:46:53,360
 Any discussion?

720
00:46:53,360 --> 00:47:02,120
 Let's vote on the board, please.

721
00:47:02,120 --> 00:47:04,200
 That motion carries 7-0.

722
00:47:04,200 --> 00:47:06,760
 That will take us to 3C.

723
00:47:06,760 --> 00:47:07,760
 That's FR23-0002.

724
00:47:07,760 --> 00:47:08,760
 Hello, Sean.

725
00:47:08,760 --> 00:47:09,760
 Good evening Chair.

726
00:47:09,760 --> 00:47:10,760
 Members of the commission, Sean Jacobson, associate planner.

727
00:47:10,760 --> 00:47:19,040
 I'm just pulling up my item here.

728
00:47:19,040 --> 00:47:23,120
 All right.

729
00:47:23,120 --> 00:47:29,080
 Presenting FR23-0002, a replat of the mid-state's realty addition.

730
00:47:29,080 --> 00:47:35,080
 This is an approximately five-acre property just off Loop 288 north of the intersection

731
00:47:35,080 --> 00:47:37,960
 of Loop 288 and Spencer.

732
00:47:37,960 --> 00:47:43,160
 And right now, it does not meet our criteria for approval, so staff is recommending denial.

733
00:47:43,160 --> 00:47:47,240
 But staff does not object to the request at extension, which could be granted to a date

734
00:47:47,240 --> 00:47:49,040
 certain of March 29th.

735
00:47:49,040 --> 00:47:52,280
 With that, happy to answer any questions.

736
00:47:52,280 --> 00:47:53,280
 Thank you, Sean.

737
00:47:53,280 --> 00:47:54,280
 Any questions?

738
00:47:54,280 --> 00:47:57,160
 I do not see any, sir.

739
00:47:57,160 --> 00:47:58,160
 Thank you.

740
00:47:58,160 --> 00:47:59,160
 Commissioner Anderson?

741
00:47:59,160 --> 00:48:04,640
 I make a motion to approve the extension to date certain of March 29th.

742
00:48:04,640 --> 00:48:05,640
 Commissioner Villarreal?

743
00:48:05,640 --> 00:48:06,640
 Second.

744
00:48:06,640 --> 00:48:09,280
 Commissioner Villarreal has got a first and a second to approve the extension request

745
00:48:09,280 --> 00:48:14,880
 to a date certain of March 29th, 2023.

746
00:48:14,880 --> 00:48:23,920
 Seeing no discussion, let's go ahead and vote, please.

747
00:48:23,920 --> 00:48:26,520
 That motion carries 7-0.

748
00:48:26,520 --> 00:48:32,920
 That will take us to 3-D, PD 22-0010B.

749
00:48:32,920 --> 00:48:37,040
 Before I invite Mia up for this item, I'm just going to read a statement.

750
00:48:37,040 --> 00:48:41,120
 We've had a lot of comments through our online system on this, so I just want to make sure

751
00:48:41,120 --> 00:48:45,560
 people understand what it is we are reviewing tonight.

752
00:48:45,560 --> 00:48:50,640
 So the agenda posting for tonight is a motion to reconsider the vote that we made February

753
00:48:50,640 --> 00:48:57,360
 15th, 2023, on a requested rezoning of a PD overlay for property at the intersection

754
00:48:57,360 --> 00:49:00,560
 of Hunters Creek and Teasley Lane.

755
00:49:00,560 --> 00:49:05,920
 As the public hearing was closed and the item was voted on at that February 15th meeting,

756
00:49:05,920 --> 00:49:10,520
 the commission is not able to discuss and deliberate the actual rezoning request at

757
00:49:10,520 --> 00:49:15,280
 this meeting because the commission does not have legal authority to do so.

758
00:49:15,280 --> 00:49:21,480
 The commission is only able to discuss whether or not the requested rezoning should be reconsidered

759
00:49:21,480 --> 00:49:22,480
 at a future date.

760
00:49:22,480 --> 00:49:26,560
 So in other words, the commission is only able to discuss tonight whether or not they

761
00:49:26,560 --> 00:49:31,040
 want to have a second attempt at this item.

762
00:49:31,040 --> 00:49:34,880
 If the commission votes to reconsider the zoning case, the public hearing will be scheduled

763
00:49:34,880 --> 00:49:42,960
 for March 29th, 2023, of which then public comment related to it can be discussed at

764
00:49:42,960 --> 00:49:44,360
 that time.

765
00:49:44,360 --> 00:49:49,240
 If the commission votes to not reconsider the zoning case, then the zoning case will

766
00:49:49,240 --> 00:49:52,120
 move forward as a denial to city council.

767
00:49:52,120 --> 00:49:59,400
 They will hear it on March 7th and they would need a super majority in that case.

768
00:49:59,400 --> 00:50:05,200
 So with that statement read, I will go ahead and invite Mia up for a little brief overview

769
00:50:05,200 --> 00:50:08,200
 of what we're discussing.

770
00:50:08,200 --> 00:50:14,800
 Hi, good evening, commission, Mia Hines, associate planner.

771
00:50:14,800 --> 00:50:15,800
 I don't have much to add.

772
00:50:15,800 --> 00:50:24,240
 I was just going to talk through the what ifs, what would happen if you do decide to

773
00:50:24,240 --> 00:50:25,240
 reconsider.

774
00:50:25,240 --> 00:50:30,760
 So if you decide to reconsider this item this evening, we would re-notice it for a public

775
00:50:30,760 --> 00:50:32,920
 hearing on March 29th.

776
00:50:32,920 --> 00:50:38,760
 If not, then it will move forward to the March 7th, 2023 city council meeting with a recommendation

777
00:50:38,760 --> 00:50:44,600
 of denial and require a super majority vote and I'll answer any questions that you have.

778
00:50:44,600 --> 00:50:46,040
 Any questions for Mia?

779
00:50:46,040 --> 00:50:50,400
 Thanks, Mia, I don't see any.

780
00:50:50,400 --> 00:50:56,320
 So I'm going to go ahead and motion for the reconsideration and I will state that I believe

781
00:50:56,320 --> 00:51:02,640
 some things when we heard it originally were just not super clear, at least to me, when

782
00:51:02,640 --> 00:51:12,400
 we were discussing the item, namely that we've got NRMEU uses with MN development standards.

783
00:51:12,400 --> 00:51:17,480
 After further researching what that actually means, it means we have a really messy and

784
00:51:17,480 --> 00:51:26,000
 complicated development happening and so after studying further the backup, after visiting

785
00:51:26,000 --> 00:51:31,240
 the site multiple times, I just felt that it was necessary for us to have further discussion

786
00:51:31,240 --> 00:51:39,680
 on this item and that is why I would like this board to hear it again at another public

787
00:51:39,680 --> 00:51:40,680
 hearing.

788
00:51:40,680 --> 00:51:45,240
 So with that, I will move to reconsider this item.

789
00:51:45,240 --> 00:51:46,240
 Commissioner Anderson?

790
00:51:46,240 --> 00:51:47,240
 Second your motion.

791
00:51:47,240 --> 00:51:48,240
 Okay.

792
00:51:48,240 --> 00:51:50,880
 We've got a first and a second for the reconsideration.

793
00:51:50,880 --> 00:51:53,880
 Is there any discussion?

794
00:51:53,880 --> 00:51:54,880
 Commissioner Villarreal?

795
00:51:54,880 --> 00:51:55,880
 Yes.

796
00:51:55,880 --> 00:52:00,680
 I fully appreciate your explanation as to why you're requesting the reconsideration.

797
00:52:00,680 --> 00:52:04,200
 At this time, I don't believe there is a need for a reconsideration.

798
00:52:04,200 --> 00:52:10,400
 I believe everything was discussed as needed, the backup had enough material for us to do

799
00:52:10,400 --> 00:52:15,400
 our own research and with that in mind, I'm going to vote no against this motion.

800
00:52:15,400 --> 00:52:16,400
 Okay.

801
00:52:16,400 --> 00:52:23,160
 Well, and I feel like some of our discussion was perhaps just that we didn't have all the

802
00:52:23,160 --> 00:52:28,680
 facts, that we were not discussing all the facts correctly, so that's the biggest reason

803
00:52:28,680 --> 00:52:34,840
 why I want to have all of us have that discussion again, but I appreciate your thoughts.

804
00:52:34,840 --> 00:52:35,840
 Commissioner Pruitt?

805
00:52:35,840 --> 00:52:36,840
 Thank you, Chair.

806
00:52:36,840 --> 00:52:44,640
 I guess if you could provide more details about the facts that you feel like you've

807
00:52:44,640 --> 00:52:49,120
 learned, is it just the uses and the development standards?

808
00:52:49,120 --> 00:52:50,120
 Was it a specific use?

809
00:52:50,120 --> 00:52:51,120
 Yeah.

810
00:52:51,120 --> 00:52:52,120
 That is correct.

811
00:52:52,120 --> 00:52:55,480
 That is the most glaring thing to me that I don't think we were discussing correctly,

812
00:52:55,480 --> 00:53:02,560
 or at least I was not, with some of the thoughts that I had, because I don't, I thought that

813
00:53:02,560 --> 00:53:06,000
 we were truly dealing with PDMN, and we're really not.

814
00:53:06,000 --> 00:53:14,000
 We're dealing with PDMN, but only in MN development standards, and that changed, that for whatever

815
00:53:14,000 --> 00:53:19,680
 reason was not very clear in my head, and it became clear after the fact.

816
00:53:19,680 --> 00:53:26,640
 So that's why I would like to have further discussion of what the applicant is proposing,

817
00:53:26,640 --> 00:53:32,040
 and I just would like to reopen that so we can have thoughtful discussion again.

818
00:53:32,040 --> 00:53:33,040
 Okay.

819
00:53:33,040 --> 00:53:34,160
 Thank you.

820
00:53:34,160 --> 00:53:41,360
 I think in light of the fact that we didn't have full attendance at that meeting, and

821
00:53:41,360 --> 00:53:53,480
 the fact that I think we can come to unpack some of the concerns that we voiced, and staff,

822
00:53:53,480 --> 00:53:58,080
 I think, is great at understanding those and finding resolutions to those things.

823
00:53:58,080 --> 00:54:01,840
 I'm willing to have the conversation again.

824
00:54:01,840 --> 00:54:07,080
 I'll couch that with, in general, I don't like our reconsideration process in the sense

825
00:54:07,080 --> 00:54:12,720
 that if overused, it can be muddy.

826
00:54:12,720 --> 00:54:16,400
 So this is not something I take lightly.

827
00:54:16,400 --> 00:54:22,360
 And I would agree with you, and in my six-plus years sitting here, this is the first reconsideration

828
00:54:22,360 --> 00:54:25,100
 item that I have ever requested.

829
00:54:25,100 --> 00:54:31,400
 And also to your point, Commissioner Smith was absent at that meeting, and I think his

830
00:54:31,400 --> 00:54:38,360
 thoughts as the season commissioner that he is would certainly be welcome in that discussion.

831
00:54:38,360 --> 00:54:40,720
 Any other discussion?

832
00:54:40,720 --> 00:54:42,240
 Okay.

833
00:54:42,240 --> 00:54:52,920
 With that, let's go ahead and vote on the board.

834
00:54:52,920 --> 00:54:58,720
 That motion will carry 6-1, so that will be on a future agenda public hearing item.

835
00:54:58,720 --> 00:54:59,840
 Thank you.

836
00:54:59,840 --> 00:55:06,800
 That will move us to our public hearing item for this evening, and that is 4A-Z23-0001.

837
00:55:06,800 --> 00:55:13,000
 I will open the public hearing and invite Mia up for presentation.

838
00:55:13,000 --> 00:55:17,640
 Excuse me.

839
00:55:17,640 --> 00:55:28,320
 Good evening again, Chair, members of the commission, Mia Hines, Associate Planner.

840
00:55:28,320 --> 00:55:36,240
 This item, Z23-0001, is a request to rezone approximately 30 acres from Plan Development

841
00:55:36,240 --> 00:55:41,760
 120 to the mixed-use neighborhood district under our current debt and development code.

842
00:55:41,760 --> 00:55:47,000
 The site itself is generally located just south of Loop 288, approximately 1,600 feet

843
00:55:47,000 --> 00:55:56,520
 west of North Locust Street, and directly adjacent to Beale Street, surrounding the

844
00:55:56,520 --> 00:56:02,560
 property to the south and to the west are single-family residential developments currently

845
00:56:02,560 --> 00:56:04,160
 under construction.

846
00:56:04,160 --> 00:56:11,440
 They were also originally a part of the PD-120, but have since been rezoned to R6 to the south

847
00:56:11,440 --> 00:56:13,880
 and R4 to the southwest.

848
00:56:13,880 --> 00:56:18,840
 To the east of the subject property is an existing multifamily development currently

849
00:56:18,840 --> 00:56:24,360
 zoned within the existing PD-120, and then to the north on the opposite side of Loop

850
00:56:24,360 --> 00:56:30,360
 288 is the Hills of Denton Master Plan community, currently undeveloped, but the planned land

851
00:56:30,360 --> 00:56:36,040
 use for that area is some type of commercial land use within that Master Plan community.

852
00:56:36,040 --> 00:56:40,200
 The future land use map designation for this site is moderate residential per the Denton

853
00:56:40,200 --> 00:56:44,400
 2040 Comprehensive Plan, and the site itself is currently undeveloped.

854
00:56:44,400 --> 00:56:48,760
 Just to provide you with a little background information, the existing zoning PD-120 was

855
00:56:48,760 --> 00:56:54,520
 established in 1986, and the land use that was conceptually planned for this site was

856
00:56:54,520 --> 00:56:59,880
 multifamily and multifamily restricted, which at that time is similar to what we have as

857
00:56:59,880 --> 00:57:03,380
 townhomes, or what we call townhome these days.

858
00:57:03,380 --> 00:57:11,900
 The base zoning for that district was the MF1, and that is per the 1969 zoning ordinance,

859
00:57:11,900 --> 00:57:14,040
 and so that was the original establishment of this PD.

860
00:57:14,040 --> 00:57:20,240
 That PD was later amended in 1998, and the conceptual land use was still multifamily

861
00:57:20,240 --> 00:57:21,700
 for this site.

862
00:57:21,700 --> 00:57:25,920
 They removed the fact that some of it had to be that multifamily restricted townhome

863
00:57:25,920 --> 00:57:29,240
 element, and so it was just multifamily permitted on this site.

864
00:57:29,240 --> 00:57:36,400
 Additionally, they added a cap of density at 18 units per acre and a total of 800 total

865
00:57:36,400 --> 00:57:42,200
 units for both this site and the existing multifamily site that is there to the east

866
00:57:42,200 --> 00:57:45,120
 that was developed in 2010.

867
00:57:45,120 --> 00:57:52,160
 That ordinance in 2010 came just before the development of that multifamily project, and

868
00:57:52,160 --> 00:57:56,440
 it basically cleaned some stuff up, but even if you look at the detailed plan that was

869
00:57:56,440 --> 00:58:00,520
 established for that development, it's still sort of unclear because we were pulling from

870
00:58:00,520 --> 00:58:05,640
 1969 standards and 2002 didn't development code standards.

871
00:58:05,640 --> 00:58:10,360
 There's a lot going on with this history of this site, and ultimately this particular

872
00:58:10,360 --> 00:58:15,480
 zoning case would remove the subject site from this PD and allow it to adhere to our

873
00:58:15,480 --> 00:58:20,040
 existing mixed-use neighborhood development standards.

874
00:58:20,040 --> 00:58:26,520
 Just a quick comparison, the PD 120 MF1 and the 1969 development code were silent to a

875
00:58:26,520 --> 00:58:28,320
 lot of the things that we currently regulate.

876
00:58:28,320 --> 00:58:31,880
 Just wanted to show you a side-by-side comparison of some of those things.

877
00:58:31,880 --> 00:58:37,560
 For example, we have currently in our MN district, we require a minimum of 20% landscape area

878
00:58:37,560 --> 00:58:45,080
 coverage, 40% tree canopy coverage, and one street tree per 45 feet of street frontage,

879
00:58:45,080 --> 00:58:51,600
 and none of that was mentioned in the existing or under the existing PD.

880
00:58:51,600 --> 00:58:58,200
 Additionally, there are some arbitrary maximum building height requirements, and the permitted

881
00:58:58,200 --> 00:59:03,800
 use for the site is multifamily only, whereas, of course, if this were rezoned to MN, it

882
00:59:03,800 --> 00:59:08,920
 would open it up to multifamily as well, but also some of those commercial uses that are

883
00:59:08,920 --> 00:59:13,240
 appropriate for the mixed-use neighborhood setting.

884
00:59:13,240 --> 00:59:17,920
 We did review this request up against the criteria for approval in subchapter two.

885
00:59:17,920 --> 00:59:23,000
 Specifically, the MN zoning is consistent with the Denton 2040 comprehensive plans future

886
00:59:23,000 --> 00:59:28,560
 land use map designation of moderate residential, as it would allow for the development of residential

887
00:59:28,560 --> 00:59:31,560
 dwellings of various density and scale.

888
00:59:31,560 --> 00:59:36,280
 Additionally, that MN zoning is intended to support compatibility between higher-intensity

889
00:59:36,280 --> 00:59:42,320
 mixed uses and adjacent residential, which we would have here, the higher-intensity mixed

890
00:59:42,320 --> 00:59:49,360
 uses being the multifamily to the east commercial across loop 288 and then loop 288 itself,

891
00:59:49,360 --> 00:59:54,240
 and then the lower intense would be the single-family to the south and to the west that's currently

892
00:59:54,240 --> 00:59:55,920
 being developed.

893
00:59:55,920 --> 00:59:59,720
 Under the current zoning, applicable development standards are a bit unclear.

894
00:59:59,720 --> 01:00:05,280
 We have that sort of history that I just went through, and by this going from a PD to the

895
01:00:05,280 --> 01:00:09,960
 MN standards, this would allow staff to enforce those standards of our current Denton development

896
01:00:09,960 --> 01:00:10,960
 code.

897
01:00:10,960 --> 01:00:16,640
 So, we did perform public outreach per our requirements and state requirement.

898
01:00:16,640 --> 01:00:20,120
 As of the time of this report and the preparation of this presentation, I had not yet received

899
01:00:20,120 --> 01:00:21,240
 a response.

900
01:00:21,240 --> 01:00:25,800
 Late this afternoon, I did receive one response in support of the request from a property

901
01:00:25,800 --> 01:00:30,720
 owner along Bill Street, and so we will make sure that that map is updated, of course,

902
01:00:30,720 --> 01:00:32,200
 as we move forward.

903
01:00:32,200 --> 01:00:37,120
 But other than that, no other contacts, no other inquiries about this project that I've

904
01:00:37,120 --> 01:00:38,120
 received.

905
01:00:38,120 --> 01:00:43,080
 The applicant did schedule two virtual neighborhood meetings that they ended up canceling because

906
01:00:43,080 --> 01:00:49,000
 they had not received an RSVP from anyone in the community, and the applicant is here

907
01:00:49,000 --> 01:00:51,920
 if you have any questions for them about those efforts as well.

908
01:00:51,920 --> 01:00:56,280
 So with that, staff is recommending approval of the requested rezoning as it meets the

909
01:00:56,280 --> 01:01:01,400
 criteria as I've described, and the next steps for this case would be a public hearing

910
01:01:01,400 --> 01:01:05,240
 at City Council with this body's recommendation.

911
01:01:05,240 --> 01:01:07,800
 With that, I will take any questions you have at this time.

912
01:01:07,800 --> 01:01:08,800
 Awesome.

913
01:01:08,800 --> 01:01:10,080
 Thank you, Mia, very much.

914
01:01:10,080 --> 01:01:13,880
 Any questions for me at this time?

915
01:01:13,880 --> 01:01:14,880
 I do not...

916
01:01:14,880 --> 01:01:15,880
 Oh, yes, I do.

917
01:01:15,880 --> 01:01:16,880
 Commissioner Pruitt.

918
01:01:16,880 --> 01:01:17,880
 Thank you, Chair.

919
01:01:17,880 --> 01:01:20,780
 Sorry, I had a slow draw on this monitor.

920
01:01:20,780 --> 01:01:26,880
 Just one question, make sure I understand the connectivity development requirements for

921
01:01:26,880 --> 01:01:31,360
 the MN zone and compatibility to the neighborhood.

922
01:01:31,360 --> 01:01:36,400
 On the southeast portion of this property, it appears to border City of Denton right

923
01:01:36,400 --> 01:01:43,800
 away in the vicinity of the intersection between Beale and Abrams.

924
01:01:43,800 --> 01:01:50,280
 Are there any developments, and if so, what types of uses or that sort of thing where

925
01:01:50,280 --> 01:01:53,920
 connectivity to that intersection would not be provided?

926
01:01:53,920 --> 01:01:58,360
 Sorry, maybe I'm phrasing it.

927
01:01:58,360 --> 01:02:04,260
 I'm trying to understand what types of uses, and if the answer is none, that's fine too.

928
01:02:04,260 --> 01:02:09,040
 Would connectivity to that current three-way intersection not be required of the developer?

929
01:02:09,040 --> 01:02:10,040
 Not be required?

930
01:02:10,040 --> 01:02:11,040
 Yeah.

931
01:02:11,040 --> 01:02:18,280
 Well, I think the development would have to have two points of access, so it will pull

932
01:02:18,280 --> 01:02:28,240
 from that street either extending Abram up into the development or just making a direct

933
01:02:28,240 --> 01:02:31,640
 access and a private drive or something along those lines, and then the other connection

934
01:02:31,640 --> 01:02:36,280
 would be the service road to loop 288 on the north side of the property.

935
01:02:36,280 --> 01:02:38,720
 Off the top of my head, I think just to answer your question, off the top of my head, I can't

936
01:02:38,720 --> 01:02:43,560
 think of any uses that wouldn't be required to...

937
01:02:43,560 --> 01:02:45,780
 Within the MN district that wouldn't be required to...

938
01:02:45,780 --> 01:02:50,520
 To have that access to the southeast corner, okay, thank you.

939
01:02:50,520 --> 01:02:53,800
 Thanks, Mia.

940
01:02:53,800 --> 01:02:56,640
 I do not see any other questions at this time, thank you.

941
01:02:56,640 --> 01:03:01,120
 I do have a card in front of me, and it is the applicant, I believe, so I will invite

942
01:03:01,120 --> 01:03:02,920
 Amy Bissett up for the podium.

943
01:03:02,920 --> 01:03:03,920
 Hello.

944
01:03:03,920 --> 01:03:08,520
 Thank you, Amy Bissett, 109 North Elm, Denton 76201.

945
01:03:08,520 --> 01:03:12,560
 I brought a brief presentation, but I'm not going to make it unless you ask me to.

946
01:03:12,560 --> 01:03:15,440
 I'm just going to provide a couple of points of clarification.

947
01:03:15,440 --> 01:03:22,160
 I will say that I have done a PD amendment in the 1969 code before, you all might remember

948
01:03:22,160 --> 01:03:23,160
 it.

949
01:03:23,160 --> 01:03:28,080
 It was in the Stonehill shopping center up off of loop 288 and 35.

950
01:03:28,080 --> 01:03:33,120
 It was a nightmare to try to, one, understand the requirements, and two, comply with them,

951
01:03:33,120 --> 01:03:38,920
 because even the definitions didn't exist for some of the requirements that were there.

952
01:03:38,920 --> 01:03:44,320
 Certainly bringing this into the current code is the more logical choice.

953
01:03:44,320 --> 01:03:50,240
 On an aside, I listened to the work session and you all's discussion on environmentally

954
01:03:50,240 --> 01:03:55,260
 sensitive areas, and we did do an ESA field assessment on this site.

955
01:03:55,260 --> 01:04:01,440
 No ESAs were shown on the map, on the existing map, but we did one just to confirm, and there

956
01:04:01,440 --> 01:04:02,440
 are none.

957
01:04:02,440 --> 01:04:04,840
 However, there is a drainage easement.

958
01:04:04,840 --> 01:04:10,960
 There is quite a bit of quality protected trees, and coming into the new code will require

959
01:04:10,960 --> 01:04:14,080
 us to meet those preservation requirements.

960
01:04:14,080 --> 01:04:20,760
 On the neighborhood engagement side of things, the single family homes that are along Beale

961
01:04:20,760 --> 01:04:26,960
 today, they're under construction or have just finished construction, and the notification

962
01:04:26,960 --> 01:04:32,480
 lists that we were provided by the city didn't have any utility addresses associated with

963
01:04:32,480 --> 01:04:36,840
 any of those, but I went out and drove it and confirmed that people actually occupied

964
01:04:36,840 --> 01:04:41,720
 those homes, so we went and pulled all of the addresses on both sides of Beale that

965
01:04:41,720 --> 01:04:46,360
 came close to the development, just to cover our bases and make sure that anybody that

966
01:04:46,360 --> 01:04:52,320
 had actually moved into their home was notified ahead of time, and we just didn't have any

967
01:04:52,320 --> 01:04:58,920
 response whatsoever from anyone, even asking questions about the proposed development.

968
01:04:58,920 --> 01:05:04,760
 We try to be sensitive to that, especially when it's multi-family, abutting single family

969
01:05:04,760 --> 01:05:09,720
 and people's backyards, and we'll continue to be sensitive to that as we move through

970
01:05:09,720 --> 01:05:14,880
 the development process, assuming the zoning gets approved.

971
01:05:14,880 --> 01:05:18,160
 Commissioner Pruitt, to your question about the concept plan and connectivity, I'm happy

972
01:05:18,160 --> 01:05:22,720
 to show you the concept plan, if you would like, but we do plan to connect through to

973
01:05:22,720 --> 01:05:29,240
 Locust as well as will be required to construct service lanes along Loop 288 to provide connectivity

974
01:05:29,240 --> 01:05:30,240
 there.

975
01:05:30,240 --> 01:05:33,160
 I'm happy to answer any questions that you have.

976
01:05:33,160 --> 01:05:34,160
 Thank you.

977
01:05:34,160 --> 01:05:35,160
 Thank you, Amy.

978
01:05:35,160 --> 01:05:36,160
 Commissioner Smith.

979
01:05:36,160 --> 01:05:37,160
 Thank you, Chair.

980
01:05:37,160 --> 01:05:39,720
 And this might be more of a Mia question as well.

981
01:05:39,720 --> 01:05:45,040
 Is that area where Beale and all that neighborhood south of you, is that an HOA, or is that HOA

982
01:05:45,040 --> 01:05:48,440
 controlled by any way?

983
01:05:48,440 --> 01:05:54,760
 I don't want to misstate here, but we typically look for HOA evidence when we start neighborhood

984
01:05:54,760 --> 01:05:58,200
 engagement and could not find any on that site.

985
01:05:58,200 --> 01:06:00,200
 The builder is still constructing.

986
01:06:00,200 --> 01:06:01,200
 Who is the builder?

987
01:06:01,200 --> 01:06:03,760
 I believe that it's Jim Strange.

988
01:06:03,760 --> 01:06:04,760
 Have you talked to Jim?

989
01:06:04,760 --> 01:06:08,440
 I have not spoken with him directly, but I'd be happy to give him a call.

990
01:06:08,440 --> 01:06:12,960
 I think it'd just be good because I could just, and this is more of just a look into

991
01:06:12,960 --> 01:06:19,160
 the future and having seen this problem before, site gets rezoned.

992
01:06:19,160 --> 01:06:23,440
 The zoning sits maybe for longer than expected, you know, change of hands or whatever it is,

993
01:06:23,440 --> 01:06:30,320
 but somebody comes in and submits a preliminary plot and somehow one way or another, a bunch

994
01:06:30,320 --> 01:06:34,160
 of neighborhood citizens, even though they get notified of a preliminary plot, they find

995
01:06:34,160 --> 01:06:37,160
 out that that's coming.

996
01:06:37,160 --> 01:06:41,360
 And then there's an uproar afterwards because a lot of times they get told, yes, you should

997
01:06:41,360 --> 01:06:42,360
 buy a house here.

998
01:06:42,360 --> 01:06:45,280
 That vacant lot behind you is going to stay vacant for many, many years.

999
01:06:45,280 --> 01:06:50,840
 So I don't know, I mean, if this gets approved and moves forward, I don't know what you as

1000
01:06:50,840 --> 01:06:56,760
 the developer or if this, after this gets zoned, if your client or whoever it is is

1001
01:06:56,760 --> 01:07:00,640
 going to take it and move that on to somebody else who's going to develop it, but probably

1002
01:07:00,640 --> 01:07:04,680
 this should be something that is a conversation with the builder, make sure the builder knows

1003
01:07:04,680 --> 01:07:08,240
 that as people are buying it, that yes, this has been rezoned and there is a development

1004
01:07:08,240 --> 01:07:12,160
 coming and that if there is a concept for what that development will be, that it's

1005
01:07:12,160 --> 01:07:16,200
 aware, just so that basically to save the future version of the commission a little

1006
01:07:16,200 --> 01:07:18,840
 bit of heartache because we start talking to people there in a preliminary plot saying

1007
01:07:18,840 --> 01:07:23,080
 that we can't do anything about it because we're ministerial at this point in time.

1008
01:07:23,080 --> 01:07:25,600
 We're just sad that somebody told you something wrong back then.

1009
01:07:25,600 --> 01:07:30,760
 Well, and I hope to be on that project still when it comes back with preliminary plat and

1010
01:07:30,760 --> 01:07:32,160
 it would save me the heartache as well.

1011
01:07:32,160 --> 01:07:33,160
 Cool.

1012
01:07:33,160 --> 01:07:34,160
 Awesome.

1013
01:07:34,160 --> 01:07:35,160
 Thank you, Amy.

1014
01:07:35,160 --> 01:07:36,160
 Absolutely.

1015
01:07:36,160 --> 01:07:37,160
 Thank you.

1016
01:07:37,160 --> 01:07:38,160
 Thanks, Commissioner Smith.

1017
01:07:38,160 --> 01:07:39,160
 Any other questions?

1018
01:07:39,160 --> 01:07:40,160
 Thank you.

1019
01:07:40,160 --> 01:07:41,160
 Thank you.

1020
01:07:41,160 --> 01:07:42,160
 Okay.

1021
01:07:42,160 --> 01:07:43,160
 This is a public hearing.

1022
01:07:43,160 --> 01:07:46,080
 I don't have any other cards in front of me, but is there anyone else wishing to speak

1023
01:07:46,080 --> 01:07:48,520
 on this item?

1024
01:07:48,520 --> 01:07:50,720
 Okay.

1025
01:07:50,720 --> 01:07:55,480
 Seeing none, I will go ahead and close the public hearing and open the floor for a moment.

1026
01:07:55,480 --> 01:07:58,000
 Make a motion or discussion.

1027
01:07:58,000 --> 01:07:59,000
 Commissioner Smith?

1028
01:07:59,000 --> 01:08:01,440
 Make a motion to approve as presented.

1029
01:08:01,440 --> 01:08:02,440
 Commissioner McDade?

1030
01:08:02,440 --> 01:08:03,440
 Second.

1031
01:08:03,440 --> 01:08:04,440
 Okay.

1032
01:08:04,440 --> 01:08:06,480
 We've got a first and a second for approval of the request.

1033
01:08:06,480 --> 01:08:07,720
 Any discussion?

1034
01:08:07,720 --> 01:08:08,720
 Okay.

1035
01:08:08,720 --> 01:08:16,080
 I'll just say that I think it'll be great to bring this into 2023 and deal with today's

1036
01:08:16,080 --> 01:08:17,080
 code.

1037
01:08:17,080 --> 01:08:20,920
 So I think that's a definite win.

1038
01:08:20,920 --> 01:08:22,200
 I don't see any other discussion.

1039
01:08:22,200 --> 01:08:30,360
 Let's go ahead and vote, please.

1040
01:08:30,360 --> 01:08:32,720
 That motion carries 7-0.

1041
01:08:32,720 --> 01:08:36,920
 That will take us to our Planning and Zoning Commission project matrix, and I will turn

1042
01:08:36,920 --> 01:08:39,280
 the floor over to Tina.

1043
01:08:39,280 --> 01:08:41,400
 Thank you, Chair Ellis.

1044
01:08:41,400 --> 01:08:45,760
 With respect to, I know I typically give you a report on recent City Council action on

1045
01:08:45,760 --> 01:08:50,920
 development projects, so since the last time the commission has met, the City Council meeting

1046
01:08:50,920 --> 01:08:56,320
 on February 21st, we really only had one item on that agenda, and that was actually contract

1047
01:08:56,320 --> 01:09:01,720
 for approval for the Southeast Denton area plan consultant.

1048
01:09:01,720 --> 01:09:05,740
 So happy to report that the contract has been approved.

1049
01:09:05,740 --> 01:09:08,600
 So the city has retained HDR.

1050
01:09:08,600 --> 01:09:13,600
 If that sounds familiar, HDR is also working with us on Northeast Denton.

1051
01:09:13,600 --> 01:09:18,760
 However, the entire team is not the same, so the project manager built a team to make

1052
01:09:18,760 --> 01:09:23,680
 sure that it was appropriate for Southeast Denton to bring people with strengths for

1053
01:09:23,680 --> 01:09:28,400
 some of the challenges and opportunities that we'll be working on for Southeast Denton,

1054
01:09:28,400 --> 01:09:30,420
 and so that contract was approved.

1055
01:09:30,420 --> 01:09:35,600
 We will be working on kicking off that project formally in March.

1056
01:09:35,600 --> 01:09:41,640
 There will be robust public engagement associated with that project, and so we anticipate some

1057
01:09:41,640 --> 01:09:45,760
 public engagement activities happening early in April, but we'll definitely keep the commission

1058
01:09:45,760 --> 01:09:47,880
 informed as we work on that project.

1059
01:09:47,880 --> 01:09:54,120
 You all will have a role in that project as well, and so know that we will be starting

1060
01:09:54,120 --> 01:09:55,680
 on those efforts as well.

1061
01:09:55,680 --> 01:10:01,020
 So that's the only item to report from Council's February 21st agenda.

1062
01:10:01,020 --> 01:10:03,840
 We do not have any development cases on that agenda.

1063
01:10:03,840 --> 01:10:08,200
 And then with respect to the matrix, we have not made any changes to the matrix since it

1064
01:10:08,200 --> 01:10:13,280
 was last presented two weeks ago, so happy to receive any additional requests if you

1065
01:10:13,280 --> 01:10:14,280
 want anything added.

1066
01:10:14,280 --> 01:10:15,280
 Great.

1067
01:10:15,280 --> 01:10:16,340
 Thank you.

1068
01:10:16,340 --> 01:10:19,240
 Anything to be added to the matrix?

1069
01:10:19,240 --> 01:10:20,240
 Commissioner Pruitt?

1070
01:10:20,240 --> 01:10:21,240
 Thank you, Chair.

1071
01:10:21,240 --> 01:10:25,920
 I was hoping somebody else would say this, but I'll go for it.

1072
01:10:25,920 --> 01:10:31,440
 As a much longer term thing, because I think it will be contingent on one of the items

1073
01:10:31,440 --> 01:10:40,200
 that's already on our matrix from ... I think it was Chair, about some of the legislative

1074
01:10:40,200 --> 01:10:46,560
 issues going on, we've had a lot of discussions about MUDs that that was almost, will be a

1075
01:10:46,560 --> 01:10:51,840
 year and a half ago soon with the 2040 plan update.

1076
01:10:51,840 --> 01:10:57,240
 And I just think once the current legislative session is over and we get a little bit more

1077
01:10:57,240 --> 01:11:03,640
 clarity about what's happening in the ETJ on the western side of our city, it might

1078
01:11:03,640 --> 01:11:10,200
 help us to give staff some clarity on the direction of P&Z, at least, to have a discussion

1079
01:11:10,200 --> 01:11:14,640
 about what that side of the town looks like.

1080
01:11:14,640 --> 01:11:18,400
 I'm not envisioning something that looks like another area plan yet.

1081
01:11:18,400 --> 01:11:23,180
 It's just let's have a heart to heart, if that makes sense, once the legislative issues

1082
01:11:23,180 --> 01:11:26,040
 get settled down.

1083
01:11:26,040 --> 01:11:28,360
 Great.

1084
01:11:28,360 --> 01:11:29,720
 Thank you.

1085
01:11:29,720 --> 01:11:31,600
 Anything else for the matrix?

1086
01:11:31,600 --> 01:11:34,960
 Okay, any concluding items?

1087
01:11:34,960 --> 01:11:37,160
 Okay.

1088
01:11:37,160 --> 01:11:38,160
 Thank you all.

1089
01:11:38,160 --> 01:11:42,640
 And with that, I will adjourn us at 720 PM.

1090
01:11:42,640 --> 01:11:42,940
 Thank you all.