WEBVTT 00:00:00.000 --> 00:00:07.440 >> Good afternoon and welcome to the city planning and zoning commission meeting for 00:00:07.440 --> 00:00:10.800 Wednesday March 1, 2023. 00:00:10.800 --> 00:00:16.120 This is our work session and with the quorum present I will call us to order at 5.01 p.m. 00:00:16.120 --> 00:00:20.440 I'll let the record show Commissioner Anderson is absent at this time. 00:00:20.440 --> 00:00:25.680 First item on the agenda for our work session is the clarification of our agenda for tonight's 00:00:25.680 --> 00:00:26.680 meeting. 00:00:26.680 --> 00:00:28.000 So let's move right into that. 00:00:28.000 --> 00:00:32.700 We've got the minutes from February 15th. 00:00:32.700 --> 00:00:35.680 Any questions or concerns on that? 00:00:35.680 --> 00:00:36.680 Okay. 00:00:36.680 --> 00:00:40.280 Then we'll go to individual consideration items. 00:00:40.280 --> 00:00:47.240 I will invite Ron up to give us a quick little summary of 3A. 00:00:47.240 --> 00:00:53.480 >> Yes, ma'am. 00:00:53.480 --> 00:01:00.880 So this is a rezoning or initial rezoning to LI request from an applicant. 00:01:00.880 --> 00:01:08.400 This was heard at your February 15th, 2023 meeting as you all recall, P and Z open and 00:01:08.400 --> 00:01:14.240 close the public hearing and as a result of that there was a motion to deny. 00:01:14.240 --> 00:01:21.480 The deny turned out to be a tie vote per our section of the code that speaks to a tie vote 00:01:21.480 --> 00:01:22.480 at P and Z. 00:01:22.480 --> 00:01:28.940 It is placed on the next planning zoning commission meeting where the P and Z would consider it 00:01:28.940 --> 00:01:33.400 again as an individual consideration which is what's on the agenda. 00:01:33.400 --> 00:01:39.000 If there happens to be a second tie vote just for if that happens, it would be a recommendation 00:01:39.000 --> 00:01:43.720 of a denial to city council but the majority vote would not be required by city council 00:01:43.720 --> 00:01:44.800 to approve it. 00:01:44.800 --> 00:01:49.840 Just sort of lay out what would be next if that was the case. 00:01:49.840 --> 00:01:54.720 For kind of reminder, this is again an initial zoning to LI for this property that's outlined 00:01:54.720 --> 00:01:58.720 here in yellow on the corner of Thomas Egan and US 380. 00:01:58.720 --> 00:02:04.160 It was annexed on January 10th of this year following the rezoning of the southern track 00:02:04.160 --> 00:02:08.040 which is just directly to the south to LI. 00:02:08.040 --> 00:02:12.840 The subject property that's being considered is 18.6 acres. 00:02:12.840 --> 00:02:18.600 Currently agriculture, again, Thomas Egan and university is the major arterials. 00:02:18.600 --> 00:02:20.920 The proposed use is light industrial. 00:02:20.920 --> 00:02:22.920 So that's a quick summary. 00:02:22.920 --> 00:02:26.720 We can go into more information at the public hearing but just if there are any questions 00:02:26.720 --> 00:02:27.720 so far. 00:02:27.720 --> 00:02:28.720 >> Any questions for Ron? 00:02:28.720 --> 00:02:34.920 And Ron, you're going to give a full presentation obviously from what we had last meeting, right? 00:02:34.920 --> 00:02:35.920 >> Yes. 00:02:35.920 --> 00:02:36.920 >> Okay. 00:02:36.920 --> 00:02:37.920 Sounds good. 00:02:37.920 --> 00:02:38.920 If there's no questions, we'll go ahead and move on. 00:02:38.920 --> 00:02:39.920 Okay. 00:02:39.920 --> 00:02:40.920 Thanks, Ron. 00:02:40.920 --> 00:02:41.920 >> Okay. 00:02:41.920 --> 00:02:42.920 >> Let's go ahead to 3B. 00:02:42.920 --> 00:02:49.840 And Cameron will give us a quick summary of that. 00:02:49.840 --> 00:02:50.840 Hi, Cameron. 00:02:50.840 --> 00:02:51.840 >> Hi. 00:02:51.840 --> 00:02:52.840 It's been a while. 00:02:52.840 --> 00:02:53.840 >> Yeah. 00:02:53.840 --> 00:02:54.840 It has. 00:02:54.840 --> 00:02:55.840 >> Okay. 00:02:55.840 --> 00:02:59.960 So this is for preliminary plot for Denton Logistics Center. 00:02:59.960 --> 00:03:06.280 It is located on FM 1173 just west of the railroad tracks. 00:03:06.280 --> 00:03:10.440 Staff is recommending denial of the plot as it does not meet criteria for approval but 00:03:10.440 --> 00:03:14.840 staff has no objection to the extension to March 29th. 00:03:14.840 --> 00:03:15.840 Any questions? 00:03:15.840 --> 00:03:16.840 >> Great. 00:03:16.840 --> 00:03:17.840 Questions? 00:03:17.840 --> 00:03:18.840 Okay. 00:03:18.840 --> 00:03:19.840 Thanks, Cameron. 00:03:19.840 --> 00:03:22.960 That will move us to 3C. 00:03:22.960 --> 00:03:27.240 And Sean will present that. 00:03:27.240 --> 00:03:28.240 >> Good. 00:03:28.240 --> 00:03:30.240 >> Hi, Sean. 00:03:30.240 --> 00:03:31.600 >> Howdy. 00:03:31.600 --> 00:03:35.560 This is a plot FR23-0002. 00:03:35.560 --> 00:03:40.720 It's a proposed final replat of the mid-state's realty addition. 00:03:40.720 --> 00:03:45.480 So this is a five point, essentially a five acre site off loop 288. 00:03:45.480 --> 00:03:49.080 That's where the tractor supply is, if you're familiar. 00:03:49.080 --> 00:03:53.160 Currently they have not met our criteria for approval, recommended denial, but no objection 00:03:53.160 --> 00:03:54.880 to the request for an extension. 00:03:54.880 --> 00:03:56.800 Can I answer any questions? 00:03:56.800 --> 00:03:57.800 >> Awesome. 00:03:57.800 --> 00:04:00.320 Any questions for Sean on this one? 00:04:00.320 --> 00:04:01.320 Okay. 00:04:01.320 --> 00:04:02.320 Thank you very much. 00:04:02.320 --> 00:04:06.400 That will take us to 3D. 00:04:06.400 --> 00:04:09.160 And Mia, if you just want to say a couple of words, that would be great. 00:04:09.160 --> 00:04:19.640 Thank you. 00:04:19.640 --> 00:04:26.920 >> So this item is the, consider the reconsideration of the PD that was on the agenda for February 00:04:26.920 --> 00:04:28.620 15th. 00:04:28.620 --> 00:04:33.280 Just to give you an idea of whether or not, or however you decide to vote this evening, 00:04:33.280 --> 00:04:38.480 if you decide to reconsider, or vote to reconsider this item, we would re-notice it for another 00:04:38.480 --> 00:04:42.640 public hearing on March 29th before this body. 00:04:42.640 --> 00:04:46.480 And then that would subsequently go to city council in April, most likely the first meeting 00:04:46.480 --> 00:04:47.720 in April. 00:04:47.720 --> 00:04:54.440 And then if you choose to, if you choose not to reconsider this item, then the original 00:04:54.440 --> 00:04:59.080 recommendation of denial will be forwarded to the city council, excuse me, for the March 00:04:59.080 --> 00:05:02.480 7th, which is next Tuesday's city council meeting. 00:05:02.480 --> 00:05:03.480 Any questions? 00:05:03.480 --> 00:05:04.480 >> Okay, great. 00:05:04.480 --> 00:05:07.040 And I assume you're going to be presenting that exact thing at the meeting tonight? 00:05:07.040 --> 00:05:08.040 >> Yes, ma'am. 00:05:08.040 --> 00:05:10.040 And then ultimately, it's up to you all to discuss. 00:05:10.040 --> 00:05:11.040 >> That's perfect. 00:05:11.040 --> 00:05:18.120 And before, I'm going to read a statement just for clarity on what is happening prior 00:05:18.120 --> 00:05:22.760 to calling you up for that, in case we have people who come tonight, because we're not 00:05:22.760 --> 00:05:25.960 really hearing the item tonight, so there might be some confusion. 00:05:25.960 --> 00:05:27.900 So I just want to set that straight. 00:05:27.900 --> 00:05:32.360 So if there is somebody, while listening or here, I'm sure you've all seen, we've gotten 00:05:32.360 --> 00:05:33.560 a lot of comments on that. 00:05:33.560 --> 00:05:38.000 So it's leading to thinking that maybe they're thinking we're going to actually hear the 00:05:38.000 --> 00:05:40.080 item tonight, which we're not. 00:05:40.080 --> 00:05:43.320 We are just considering the reconsideration tonight. 00:05:43.320 --> 00:05:44.520 Okay? 00:05:44.520 --> 00:05:45.520 Any questions? 00:05:45.520 --> 00:05:46.520 All right. 00:05:46.520 --> 00:05:47.520 Okay. 00:05:47.520 --> 00:05:48.520 Thanks, Mia. 00:05:48.520 --> 00:05:50.160 But you are up for our public hearing tonight. 00:05:50.160 --> 00:05:56.320 So we can be right there, and we'll get a summary of 4A. 00:05:56.320 --> 00:06:08.240 >> Okay, 4A is an item, Z23-0001 is an item to rezone just under 30 acres from a Plan 00:06:08.240 --> 00:06:11.800 Development 120 to the mixed-use neighborhood district. 00:06:11.800 --> 00:06:16.760 I'll go into a little detail about the background of that PD more in the work session. 00:06:16.760 --> 00:06:24.580 So for the site, it's located just south of Loop 288, a little west of West Locust. 00:06:24.580 --> 00:06:35.680 The property's future land use designation is of moderate residential, and the request 00:06:35.680 --> 00:06:40.040 would establish enforceable development standards for the subject property, and of course bring 00:06:40.040 --> 00:06:45.520 them up to the current development code as opposed to the outdated PD, which was originally 00:06:45.520 --> 00:06:48.040 established back in 1986. 00:06:48.040 --> 00:06:51.880 So staff is recommending approval, and I will take any other questions or any questions 00:06:51.880 --> 00:06:53.000 that you have at this time. 00:06:53.000 --> 00:06:54.000 >> Okay. 00:06:54.000 --> 00:06:55.000 Thank you. 00:06:55.000 --> 00:06:56.840 Any questions for me on this item? 00:06:56.840 --> 00:07:02.120 I mean, I was reading -- great backup, by the way, and you kept saying, like, illegible. 00:07:02.120 --> 00:07:05.640 So are -- is there just parts of it that are just -- you cannot read? 00:07:05.640 --> 00:07:10.840 >> Yeah, because the older -- you remember print and copy back in the '80s. 00:07:10.840 --> 00:07:13.160 So those documents -- >> It's just kind of faded away, didn't it? 00:07:13.160 --> 00:07:14.160 Okay. 00:07:14.160 --> 00:07:15.160 You're not really sure what it says at this point. 00:07:15.160 --> 00:07:16.160 >> I don't know it. 00:07:16.160 --> 00:07:17.160 Okay. 00:07:17.160 --> 00:07:18.160 Okay. 00:07:18.160 --> 00:07:19.160 Good deal. 00:07:19.160 --> 00:07:20.160 Okay. 00:07:20.160 --> 00:07:21.800 I do not see any questions. 00:07:21.800 --> 00:07:22.800 Thank you. 00:07:22.800 --> 00:07:23.800 Look forward to the presentation. 00:07:23.800 --> 00:07:24.800 Okay. 00:07:24.800 --> 00:07:29.360 So that is our agenda discussion then for the work session. 00:07:29.360 --> 00:07:34.160 So we'll go ahead and move into our work session report 2A, which is Receive a Report, Hold 00:07:34.160 --> 00:07:40.880 a Discussion Regarding Protection and Preservation of Environmentally Sensitive Areas. 00:07:40.880 --> 00:07:43.520 Christy is going to present for us. 00:07:43.520 --> 00:07:44.520 Hello. 00:07:44.520 --> 00:07:45.520 >> Hi. 00:07:45.520 --> 00:07:46.520 It's been a while for me too. 00:07:46.520 --> 00:07:47.520 >> It has. 00:07:47.520 --> 00:07:48.520 >> No? 00:07:48.520 --> 00:07:49.520 It's the wrong one. 00:07:49.520 --> 00:07:50.520 Oh. 00:07:50.520 --> 00:07:51.520 I found it. 00:07:51.520 --> 00:07:52.520 Okay. 00:07:52.520 --> 00:07:53.520 Okay. 00:07:53.520 --> 00:08:06.800 So tonight I'm going to be providing you a summary of the Environmentally Sensitive Areas 00:08:06.800 --> 00:08:13.400 Program anticipation of a couple of projects that we will be bringing to you in the next 00:08:13.400 --> 00:08:14.900 couple of months. 00:08:14.900 --> 00:08:21.360 So I just wanted to go over the outline of the program and how that works within the 00:08:21.360 --> 00:08:27.680 City of Denton overall development framework. 00:08:27.680 --> 00:08:35.440 So the purpose of the program is to protect our natural resources that -- and the reason 00:08:35.440 --> 00:08:40.080 that we're looking to protect our natural resources is that we identify that there are 00:08:40.080 --> 00:08:48.720 ecological benefits that both provide for the community's health as well as our overall 00:08:48.720 --> 00:08:50.260 enjoyment. 00:08:50.260 --> 00:08:59.360 And in some of those health benefits includes clean water, clean air, and cleaner soil. 00:08:59.360 --> 00:09:06.260 And it's -- the adoption and the enforcement and the implementation of these programs is 00:09:06.260 --> 00:09:11.600 also consistent with Denton's 2040 comprehensive plan. 00:09:11.600 --> 00:09:17.680 I wanted to highlight here a couple of community benefits and the protection of these environmentally 00:09:17.680 --> 00:09:19.480 sensitive areas. 00:09:19.480 --> 00:09:29.680 There is -- there are some -- I want to say federal -- national and local studies that 00:09:29.680 --> 00:09:35.800 have been performed looking at the economic benefits and the protection of these environmentally 00:09:35.800 --> 00:09:43.640 sensitive areas and highlighting some of those economic values both for the protection of 00:09:43.640 --> 00:09:48.400 the waterways and air with the protection of trees. 00:09:48.400 --> 00:09:55.200 And then in addition to that, doing the opposite and highlighting where a riparian buffer was 00:09:55.200 --> 00:10:05.120 not protected and was removed and the degradation of the stream system over time, as you can 00:10:05.120 --> 00:10:08.720 see here in this series of pictures. 00:10:08.720 --> 00:10:12.920 So that's the why and what are we protecting. 00:10:12.920 --> 00:10:14.800 These are the four different types. 00:10:14.800 --> 00:10:19.640 So in the development code, we identified four distinct types of environmentally sensitive 00:10:19.640 --> 00:10:26.600 areas, going from our floodplains to riparian buffers and water-related habitats or floodplains 00:10:26.600 --> 00:10:32.960 being the wider or the greater extent around those waterways and then getting closer to 00:10:32.960 --> 00:10:36.700 the waterways with the riparian buffers and the water-related habitats. 00:10:36.700 --> 00:10:42.920 And as we get closer to the waterways, the protection requirements are much more stringent 00:10:42.920 --> 00:10:49.640 recognizing that there's a lot more vulnerability within -- as you get closer to the waterways. 00:10:49.640 --> 00:11:01.800 And then retaining some of our historical context of this community and retaining the 00:11:01.800 --> 00:11:08.900 protection of some of the important tree oak species, the post oaks. 00:11:08.900 --> 00:11:15.120 We have the Crest Timbers upland habitats and the protection of those stands and that 00:11:15.120 --> 00:11:20.840 specific type of -- a unique habitat type. 00:11:20.840 --> 00:11:29.200 And so how do we go about identifying those areas that are environmentally sensitive areas? 00:11:29.200 --> 00:11:36.640 So back in the early 2000s, maybe a little bit before then, there were researchers who 00:11:36.640 --> 00:11:46.400 compiled a set of data, aerial photography and other data, and they came up with a map. 00:11:46.400 --> 00:11:52.160 And this map was just a generally -- here's where we believe these environmentally sensitive 00:11:52.160 --> 00:11:54.240 areas may be located. 00:11:54.240 --> 00:12:01.000 And the city council at the time, recognizing that there was still quite a lot of information 00:12:01.000 --> 00:12:08.360 that still needed to be gathered, put together or asked for what is called an ESA field assessment. 00:12:08.360 --> 00:12:14.820 And through this procedure that's outlined in the development code, when applicants come 00:12:14.820 --> 00:12:21.580 in and say we want to develop our private land, we then ask for them to identify and 00:12:21.580 --> 00:12:28.520 confirm either the presence or identify the presence of any areas that are on their property. 00:12:28.520 --> 00:12:32.840 And through that field assessment, we also update the location and the extent of those 00:12:32.840 --> 00:12:35.160 areas. 00:12:35.160 --> 00:12:40.800 And then every time that those projects come in and I update the map, we reflect it on 00:12:40.800 --> 00:12:43.920 our interactive map. 00:12:43.920 --> 00:12:51.680 So once we have established the location of those areas, then the development community 00:12:51.680 --> 00:12:57.960 has general applicability standards in order to protect and preserve those environmentally 00:12:57.960 --> 00:12:59.620 sensitive areas. 00:12:59.620 --> 00:13:08.460 And then once they have designed their site, then staff is reviewing against the code protection 00:13:08.460 --> 00:13:14.840 requirements for that criteria for approval. 00:13:14.840 --> 00:13:21.360 For projects that cannot design their site to meet that criteria for approval, can seek 00:13:21.360 --> 00:13:28.960 a relief through a flexible and discretionary process that is called the alternative ESA 00:13:28.960 --> 00:13:33.160 plan, also established within the DIT and development code. 00:13:33.160 --> 00:13:40.540 And we work with the developer to come up with a mitigation plan to offset for the ecological 00:13:40.540 --> 00:13:46.360 benefits that are being lost through the encroachments that they are proposing. 00:13:46.360 --> 00:13:53.520 And then with that plan, we are looking for them to meet those criteria for approval, 00:13:53.520 --> 00:14:00.760 including restoring or replacing the ESAs, preserving what's remaining, maximizing community 00:14:00.760 --> 00:14:02.480 access, things like that. 00:14:02.480 --> 00:14:07.600 And then we present it to this body for a recommendation to the city council for seeking 00:14:07.600 --> 00:14:10.640 their approval of that plan. 00:14:10.640 --> 00:14:16.280 And lastly, I wanted to plug that we have a webpage that we have put together in order 00:14:16.280 --> 00:14:22.220 to help explain some of the complexities of this program. 00:14:22.220 --> 00:14:28.040 And on that site, we also have put together a guidance document that we affectionately 00:14:28.040 --> 00:14:33.960 call the ESA primer, and within that ESA primer, we outline everything that we think that a 00:14:33.960 --> 00:14:41.000 developer, a landowner, would want to know about what they have on their property, hoping 00:14:41.000 --> 00:14:46.480 that we can kind of facilitate moving their project along. 00:14:46.480 --> 00:14:49.680 And with that, I'll take any questions. 00:14:49.680 --> 00:14:50.680 Thank you, Christy. 00:14:50.680 --> 00:14:51.680 Questions for Christy? 00:14:51.680 --> 00:14:52.680 Commissioner Pruitt? 00:14:52.680 --> 00:14:53.680 Thank you, Chair. 00:14:53.680 --> 00:15:01.240 I'll start off with what I think is the easier one, and then I have a second one that I just 00:15:01.240 --> 00:15:03.960 am curious about. 00:15:03.960 --> 00:15:11.680 My understanding is that when a developer comes in, if the ESA area is, as you described, 00:15:11.680 --> 00:15:18.880 not up to date, hasn't been updated in a long time, they can hire a consultant to go redefine 00:15:18.880 --> 00:15:21.880 where that is. 00:15:21.880 --> 00:15:22.880 And that's at their cost. 00:15:22.880 --> 00:15:25.280 Is that correct? 00:15:25.280 --> 00:15:26.400 Yes. 00:15:26.400 --> 00:15:27.800 Okay. 00:15:27.800 --> 00:15:33.840 Do we have an opportunity in cases where it makes sense to work with the development community 00:15:33.840 --> 00:15:42.760 to expand the scope of a particular reassessment of a riparian area, if it would add value to 00:15:42.760 --> 00:15:48.120 plans that the city has for adjacent lands, does that make sense? 00:15:48.120 --> 00:15:50.320 Or is that something that's out of scope of the process? 00:15:50.320 --> 00:15:51.320 Yeah. 00:15:51.320 --> 00:15:52.320 It's out of scope. 00:15:52.320 --> 00:15:53.320 Okay. 00:15:53.320 --> 00:15:59.440 For the short answer, the development code clearly states it's either 50 feet or 100 00:15:59.440 --> 00:16:02.800 feet from the center line of the channel. 00:16:02.800 --> 00:16:05.280 That is for the riparian buffers. 00:16:05.280 --> 00:16:10.720 Sometimes we find wetlands or bottomland high-wood forests. 00:16:10.720 --> 00:16:15.920 Sometimes we find these areas that were not on the map originally, and once the wetland 00:16:15.920 --> 00:16:21.520 specialist is out there performing the work, they will identify these areas and they will 00:16:21.520 --> 00:16:23.000 add it to the map. 00:16:23.000 --> 00:16:24.000 Sure. 00:16:24.000 --> 00:16:25.000 Yeah. 00:16:25.000 --> 00:16:27.520 I guess I was more curious, and it's out of scope, that's fine. 00:16:27.520 --> 00:16:36.280 But not necessarily of other regions on the land being surveyed, but potentially if the 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 00:16:43.140 --> 00:16:47.560 a lot on the areas adjacent to the property of interest? 00:16:47.560 --> 00:16:48.560 That sort of question. 00:16:48.560 --> 00:16:49.560 But that's fine. 00:16:49.560 --> 00:16:51.560 I was just curious. 00:16:51.560 --> 00:16:55.640 Typically, consultants will limit their study to the property that's owned by the person 00:16:55.640 --> 00:16:58.480 who is hiring them. 00:16:58.480 --> 00:17:03.800 We also have in the code that east of field assessments expire after two years. 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 00:17:12.000 --> 00:17:16.040 to a future landowner that they'll have to redo that work. 00:17:16.040 --> 00:17:17.040 Got it. 00:17:17.040 --> 00:17:18.040 Okay. 00:17:18.040 --> 00:17:19.040 No, that helps a lot to know that. 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 00:17:23.960 --> 00:17:30.600 mention that the ESA requirements apply to properties in the ETJ. 00:17:30.600 --> 00:17:31.600 Oh, yes. 00:17:31.600 --> 00:17:32.600 I'm sorry. 00:17:32.600 --> 00:17:35.920 I glossed over that because I kind of forgot to mention it. 00:17:35.920 --> 00:17:36.920 Yes. 00:17:36.920 --> 00:17:37.920 No, that's fine. 00:17:37.920 --> 00:17:47.480 My familiarity with our ability to provide restrictions within the ETJ is it's basically 00:17:47.480 --> 00:17:49.360 the subdivision requirements. 00:17:49.360 --> 00:17:53.840 And so, can you help explain what our role is for that? 00:17:53.840 --> 00:17:54.840 Sure. 00:17:54.840 --> 00:17:55.840 Yes. 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 00:18:03.000 --> 00:18:11.880 regulatory authority over floodplains for the protection of the community's flood protection 00:18:11.880 --> 00:18:13.520 purposes. 00:18:13.520 --> 00:18:17.640 And we apply that to the environmentally sensitive areas as well. 00:18:17.640 --> 00:18:23.480 So, just in the undeveloped floodplain portion of the code, we do apply that and require 00:18:23.480 --> 00:18:26.400 the protection of the undeveloped floodplain. 00:18:26.400 --> 00:18:27.400 Okay. 00:18:27.400 --> 00:18:28.400 Thank you. 00:18:28.400 --> 00:18:29.400 Other questions? 00:18:29.400 --> 00:18:36.480 Christy, are we doing any proactive study or no? 00:18:36.480 --> 00:18:37.480 Yes. 00:18:37.480 --> 00:18:38.480 We have -- 00:18:38.480 --> 00:18:41.480 Can you talk about that? 00:18:41.480 --> 00:18:42.480 Yeah. 00:18:42.480 --> 00:18:45.560 Can you explain a little bit about the UNT? 00:18:45.560 --> 00:18:46.560 Okay. 00:18:46.560 --> 00:18:53.000 So, in the last few years, that map is old, and I know it's old. 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. 00:18:59.880 --> 00:19:00.880 Sure. 00:19:00.880 --> 00:19:03.800 And so, I'm hoping that we can work with UNT. 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, 00:19:12.920 --> 00:19:23.600 some AI and newer technology to help us identify more concisely the environmentally sensitive 00:19:23.600 --> 00:19:26.480 areas that are on the remaining properties. 00:19:26.480 --> 00:19:27.480 Okay. 00:19:27.480 --> 00:19:28.480 Yeah, that's great. 00:19:28.480 --> 00:19:30.120 Is that something that's just been started, or -- 00:19:30.120 --> 00:19:31.120 Yes. 00:19:31.120 --> 00:19:32.120 Yes. 00:19:32.120 --> 00:19:34.000 It's just in the very beginning stages. 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 00:19:40.120 --> 00:19:41.120 relying on -- 00:19:41.120 --> 00:19:42.120 Consultants. 00:19:42.120 --> 00:19:45.680 Consultants that we don't know. 00:19:45.680 --> 00:19:51.240 When a consultant -- I mean, the report comes to you, obviously, after it's done. 00:19:51.240 --> 00:19:52.240 What is the procedure? 00:19:52.240 --> 00:19:55.880 I mean, do you end up on the ground out there ever? 00:19:55.880 --> 00:19:56.880 Sometimes, yes. 00:19:56.880 --> 00:19:57.880 Okay. 00:19:57.880 --> 00:19:58.880 And it's -- 00:19:58.880 --> 00:19:59.880 Depending? 00:19:59.880 --> 00:20:00.880 The best moments for me. 00:20:00.880 --> 00:20:01.880 Right. 00:20:01.880 --> 00:20:03.720 I could imagine it is, yes. 00:20:03.720 --> 00:20:04.720 Yes. 00:20:04.720 --> 00:20:08.040 Sometimes we do go out there when we have questions. 00:20:08.040 --> 00:20:13.280 There was a property off of I-35, west of 35, recently. 00:20:13.280 --> 00:20:18.840 They had some beautiful wetlands, and they just -- there were so many questions, because 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 00:20:26.200 --> 00:20:29.640 make some decisions on what was and what wasn't. 00:20:29.640 --> 00:20:30.640 Yeah. 00:20:30.640 --> 00:20:31.640 Yeah, that's awesome. 00:20:31.640 --> 00:20:32.640 That's awesome. 00:20:32.640 --> 00:20:33.640 Well, good. 00:20:33.640 --> 00:20:34.640 Any other questions? 00:20:34.640 --> 00:20:35.640 Okay. 00:20:35.640 --> 00:20:37.640 Thank you for the presentation. 00:20:37.640 --> 00:20:38.640 Sure. 00:20:38.640 --> 00:20:41.360 It would be great to get an update once that project starts. 00:20:41.360 --> 00:20:42.360 Yes. 00:20:42.360 --> 00:20:43.360 Okay. 00:20:43.360 --> 00:20:44.360 You know, down the road. 00:20:44.360 --> 00:20:45.360 Yes. 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 00:20:48.960 --> 00:20:49.960 going and all that. 00:20:49.960 --> 00:20:50.960 Yeah. 00:20:50.960 --> 00:20:51.960 It'll take a little bit of time. 00:20:51.960 --> 00:20:52.960 Sure. 00:20:52.960 --> 00:20:53.960 Of course. 00:20:53.960 --> 00:20:54.960 Absolutely. 00:20:54.960 --> 00:20:55.960 Yeah. 00:20:55.960 --> 00:20:56.960 Okay. 00:20:56.960 --> 00:20:57.960 Thank you very much. 00:20:57.960 --> 00:20:58.960 Sure. 00:20:58.960 --> 00:20:59.960 Okay. 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. 00:21:00.960 --> 00:21:12.040 and we will reconvene in council chambers at 630. 00:21:12.040 --> 00:21:15.260 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for 00:21:15.260 --> 00:21:18.640 Wednesday, March 1st, 2023. 00:21:18.640 --> 00:21:22.520 With a quorum present, I will call us to order at 630 p.m. 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 00:21:25.840 --> 00:21:31.000 Texas Blacks. 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 00:21:38.160 --> 00:21:43.320 which it stands, one nation, under God, indivisible, with liberty and justice for all. 00:21:43.320 --> 00:21:55.360 With Texas Black, I pledge allegiance to thee, Texas, one state, under God, one and indivisible. 00:21:55.360 --> 00:21:57.060 Thank you. 00:21:57.060 --> 00:22:03.920 Next item on our agenda is the consideration of approval of our minutes for February 15th. 00:22:03.920 --> 00:22:04.920 Commissioner Smith? 00:22:04.920 --> 00:22:06.320 Make a motion to approve. 00:22:06.320 --> 00:22:07.320 Commissioner Anderson? 00:22:07.320 --> 00:22:08.320 Second. 00:22:08.320 --> 00:22:11.060 We've got a first and a second for approval of the minutes. 00:22:11.060 --> 00:22:13.640 Any discussion? 00:22:13.640 --> 00:22:21.740 Seeing none, let's vote on the board, please. 00:22:21.740 --> 00:22:23.480 That motion will carry 7-0. 00:22:23.480 --> 00:22:27.720 That will bring us to our items for individual consideration. 00:22:27.720 --> 00:22:31.760 3A is Z220019A. 00:22:31.760 --> 00:22:34.920 I'll invite Ron up for presentation of this item. 00:22:34.920 --> 00:22:35.920 Good evening, Ron. 00:22:35.920 --> 00:22:41.440 Good evening, Mr. Chairman, Commissioner Brown, with Wellman Services, Principal Planner. 00:22:41.440 --> 00:22:58.160 Should we get the right presentation here? 00:22:58.160 --> 00:23:03.680 Just for background information, this item has been considered, was considered at our 00:23:03.680 --> 00:23:07.320 February 15th, 2023 Planning Zoning Commission. 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. 00:23:14.360 --> 00:23:19.360 There was then a motion for denial, which resulted in a tally vote 3-3. 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 00:23:24.880 --> 00:23:29.680 scheduled for the next meeting, and at the next meeting, it's reconsidered or considered 00:23:29.680 --> 00:23:34.080 again for an IC item. 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 00:23:37.480 --> 00:23:41.880 members here, so we won't go into those details. 00:23:41.880 --> 00:23:49.520 So the request before you today is a zoning to an LI, Light Industrial Zoning District. 00:23:49.520 --> 00:23:53.880 The subject property that you see outlined in yellow was annexed in January of this year, 00:23:53.880 --> 00:23:55.360 on January. 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. 00:24:02.280 --> 00:24:04.560 The site is approximately 18.6 acres. 00:24:04.560 --> 00:24:07.320 You can see it's undeveloped. 00:24:07.320 --> 00:24:12.960 Primary arterials are Thomas Egan to the west, University generally to the south, and again, 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 00:24:19.780 --> 00:24:23.160 use on the property. 00:24:23.160 --> 00:24:26.720 Just wanted to show before and after of what the current zoning is. 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 00:24:32.360 --> 00:24:33.480 was recently annexed. 00:24:33.480 --> 00:24:37.000 That's that designation that we assigned for those properties. 00:24:37.000 --> 00:24:42.800 The application or applicant is requesting an LI, which would make it the blue that you 00:24:42.800 --> 00:24:49.520 see here, again, similar to what was rezoned back in September. 00:24:49.520 --> 00:24:54.920 City Line Use shows the property as Light Industrial, and Light Industrial for this area 00:24:54.920 --> 00:25:05.120 was updated back when the comprehensive plan was updated back in March of 2022. 00:25:05.120 --> 00:25:08.520 I know at the last meeting there was a lot of discussion related to municipal utility 00:25:08.520 --> 00:25:09.520 district. 00:25:09.520 --> 00:25:15.080 I just wanted to show this slide where the municipal utility districts are shown. 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 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 00:25:28.240 --> 00:25:31.840 or proposed, or potential municipal utility district. 00:25:31.840 --> 00:25:38.780 Again, the majority of them are located west of the subject property. 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, 00:25:46.160 --> 00:25:47.760 Municipal Utility District. 00:25:47.760 --> 00:25:53.600 The subject site is shown here, generally this area to the southeast corner. 00:25:53.600 --> 00:25:59.320 Directly across the street, across over to Thomas Egan, that is, is what is being proposed 00:25:59.320 --> 00:26:05.180 as future commercial along University, and then you can see the rest of the development 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 00:26:11.120 --> 00:26:13.600 location, is a future multi-family development. 00:26:13.600 --> 00:26:22.040 So, again, this is the proposed land use for the Legends Ranch MUD. 00:26:22.040 --> 00:26:27.640 We talked a little bit about how the future land use designation was assigned as slide 00:26:27.640 --> 00:26:28.640 industrial. 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 00:26:33.120 --> 00:26:34.120 of Loop 288. 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 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 00:26:45.520 --> 00:26:49.120 to the west of that future extension. 00:26:49.120 --> 00:26:54.880 Also, the other reason that was provided is because, for slide industrial, is the area 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. 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. 00:27:07.100 --> 00:27:13.640 The subject property is shown here in the yellow circle, and also the gas wells, again, 00:27:13.640 --> 00:27:19.760 are west of the subject property, or in and around the subject property. 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, 00:27:25.040 --> 00:27:29.080 and per the development code, staff reviewed those criteria. 00:27:29.080 --> 00:27:34.160 It is consistent with the future land use map, which is in the DEN Development Code, 00:27:34.160 --> 00:27:39.400 I'm sorry, the DEN 2040 comprehensive plan, consistent with the future land, the allied 00:27:39.400 --> 00:27:42.000 purpose statement in the development code. 00:27:42.000 --> 00:27:45.800 Zoning is not expected to generate significant adverse as far as environmental, infrastructure, 00:27:45.800 --> 00:27:53.640 or fiscal impacts, and the utilities will be extended as the property is developed. 00:27:53.640 --> 00:27:56.000 Notifications were sent out for this item. 00:27:56.000 --> 00:28:02.880 As of this afternoon, this evening, staff has not received any in opposition or in favor. 00:28:02.880 --> 00:28:09.120 Lastly, staff's recommending approval of this initial zoning district to ally as it meets 00:28:09.120 --> 00:28:14.500 the criteria of the outline in the development code. 00:28:14.500 --> 00:28:16.280 With that, I'll stand for any questions. 00:28:16.280 --> 00:28:20.280 The applicant also has a presentation and is available for any questions that the commission 00:28:20.280 --> 00:28:21.280 may have. 00:28:21.280 --> 00:28:22.280 Great. 00:28:22.280 --> 00:28:23.280 Thank you, Ron. 00:28:23.280 --> 00:28:26.340 Are there any questions right now for Ron? 00:28:26.340 --> 00:28:27.720 Okay. 00:28:27.720 --> 00:28:28.720 I do not see any. 00:28:28.720 --> 00:28:29.720 Oh, Commissioner Smith. 00:28:29.720 --> 00:28:30.720 Thank you, Chair. 00:28:30.720 --> 00:28:36.040 The lower part of the subject property, Ron, that was zoned ally back in September 2022, 00:28:36.040 --> 00:28:39.080 that was the same applicant, correct, and the requestant? 00:28:39.080 --> 00:28:40.920 Thank you. 00:28:40.920 --> 00:28:41.920 Okay. 00:28:41.920 --> 00:28:44.980 Thanks, Ron. 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 00:28:49.820 --> 00:28:51.840 consideration items. 00:28:51.840 --> 00:28:55.000 So Clint, I believe, are you the applicant on it? 00:28:55.000 --> 00:28:56.000 Yes. 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. 00:28:58.840 --> 00:29:00.720 If you'll state your name and address your time, we'll begin. 00:29:00.720 --> 00:29:01.720 Thank you. 00:29:01.720 --> 00:29:02.720 Great. 00:29:02.720 --> 00:29:08.920 Yeah, I'm Clint Riley on behalf of the property owner and developer. 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 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 00:29:16.280 --> 00:29:18.280 looked like. 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 00:29:24.200 --> 00:29:27.320 bought this tract. 00:29:27.320 --> 00:29:31.200 We were really clear with your staff, hey, we think this is an industrial site. 00:29:31.200 --> 00:29:35.200 Do you think it's an industrial site? 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 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, 00:29:50.200 --> 00:29:53.000 what was the first part, sir? 00:29:53.000 --> 00:29:54.000 Rural residential. 00:29:54.000 --> 00:29:56.620 Rural residential, so it was kind of like a mixed bag. 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 00:30:03.600 --> 00:30:08.320 to all happen at one, because buying something that's part residential and part commercial 00:30:08.320 --> 00:30:09.320 doesn't make a lot of sense. 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. 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 00:30:21.060 --> 00:30:28.080 going to get at the beginning, which was 28 acre tract for one high quality institutional 00:30:28.080 --> 00:30:29.080 industrial development. 00:30:29.080 --> 00:30:36.160 But instead, we had to get a partial zoning, which we got, understand we got unanimous 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 00:30:42.960 --> 00:30:43.960 was annexation. 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 00:30:50.920 --> 00:30:51.920 nature. 00:30:51.920 --> 00:30:53.640 I've been an industrial broker for 20 years. 00:30:53.640 --> 00:30:56.800 I think this has attributes that you would look for for industrial. 00:30:56.800 --> 00:31:01.120 I mean, it's not great to put your house, some kind of residential component, right 00:31:01.120 --> 00:31:04.360 on 380, with as much frontage and noise and things that are going on right there. 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, 00:31:09.320 --> 00:31:15.800 and I think this property lends itself to a low impact, you know, high tax generating 00:31:15.800 --> 00:31:17.120 component for the city. 00:31:17.120 --> 00:31:20.160 So that's kind of what we've been through. 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 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 00:31:29.640 --> 00:31:30.640 of this process. 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 00:31:34.400 --> 00:31:37.400 we made a multi-million dollar commitment to buy this. 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 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 00:31:47.000 --> 00:31:48.440 in 18 months on our end. 00:31:48.440 --> 00:31:52.040 So a far way. 00:31:52.040 --> 00:31:53.040 Thank you, Mr. Riley. 00:31:53.040 --> 00:31:56.320 Any questions at this point? 00:31:56.320 --> 00:31:57.320 Commissioner Cole. 00:31:57.320 --> 00:31:58.320 Thank you, Chair. 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 00:32:04.280 --> 00:32:11.040 homes that are going in next to it to the west and to the southwest. 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. 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 00:32:22.760 --> 00:32:26.920 next and too intensive next to single family homes. 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. 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 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 00:32:40.920 --> 00:32:43.640 it's currently constituted, the way I understand it. 00:32:43.640 --> 00:32:46.800 We've actually been working with that developer, we granted them an easement, they've been 00:32:46.800 --> 00:32:51.200 in our office several times, like we're trying to help them get what they need. 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 00:32:58.800 --> 00:33:03.120 really no fumes, dust, I mean, it's an institutional warehouse. 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 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 00:33:13.560 --> 00:33:19.760 done for 18 months, I've voluntarily annexed, based on the support of recommendations and 00:33:19.760 --> 00:33:23.240 support of this city, and I made a multi-million dollar commitment based on that. 00:33:23.240 --> 00:33:27.760 So I understand, put yourself in my shoes if you don't mind. 00:33:27.760 --> 00:33:33.120 And I am, but I mean, something less intensive, I would be happy with. 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 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 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 00:33:48.520 --> 00:33:51.200 get your residential neighborhood right next door to it. 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 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, 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 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 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, 00:34:29.680 --> 00:34:32.160 you know, but there's something about being a good neighbor. 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 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 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 00:34:53.160 --> 00:34:57.520 see, you've got brand new development up and down 380 that is high quality industrial, 00:34:57.520 --> 00:34:58.520 and that's what you build. 00:34:58.520 --> 00:35:01.520 So in your mind, what are you thinking? 00:35:01.520 --> 00:35:07.960 200,000 square foot, tilt wall warehouse, front park rear load, 32 clear, ESFR, I mean, 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, 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 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 00:35:21.600 --> 00:35:24.320 Branch, you're just not going to. 00:35:24.320 --> 00:35:25.320 But you could. 00:35:25.320 --> 00:35:26.320 You could. 00:35:26.320 --> 00:35:27.320 Right? 00:35:27.320 --> 00:35:28.320 Yeah. 00:35:28.320 --> 00:35:29.320 But you could. 00:35:29.320 --> 00:35:30.320 You could. 00:35:30.320 --> 00:35:31.320 Okay. 00:35:31.320 --> 00:35:32.320 Thanks. 00:35:32.320 --> 00:35:33.320 Appreciate it. 00:35:33.320 --> 00:35:34.320 Yeah. 00:35:34.320 --> 00:35:38.560 I don't see any other questions at this time, Mr. Olley, thank you so much. 00:35:38.560 --> 00:35:42.280 I do have another card here, Sylvia Phillips. 00:35:42.280 --> 00:35:48.520 Hi, Ms. Phillips, if you could give your name and address, your time will begin. 00:35:48.520 --> 00:35:52.200 My name is Sylvia Phillips, and I'm not that tall. 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 00:36:02.640 --> 00:36:05.840 north of Highway 380. 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 00:36:11.000 --> 00:36:14.560 community adjacent to 380. 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. 00:36:22.120 --> 00:36:29.080 Some 19 years later, we now have 70,000 cars per day on 380. 00:36:29.080 --> 00:36:34.600 Scott has already announced, yet, the next expansion plans for 380. 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. 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 00:36:51.120 --> 00:36:53.460 380 is very intrusive. 00:36:53.460 --> 00:36:56.160 There's a constant roar. 00:36:56.160 --> 00:37:00.040 It can be heard easily a half-mile north of 380. 00:37:00.040 --> 00:37:05.520 And when the ambulance runs through, all the neighborhood dogs set off howling. 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, 00:37:14.080 --> 00:37:18.400 out this direction, that there's some areas of depressed roadway. 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 00:37:22.760 --> 00:37:28.840 in Highland Park, but the purpose of depressing the roadway is that the sidewalls provide 00:37:28.840 --> 00:37:31.160 sound attenuation. 00:37:31.160 --> 00:37:38.580 They're baffling to deflect that road noise away from existing residents. 00:37:38.580 --> 00:37:43.680 When an industrial or a business park is built, the walls that are constructed are typically 00:37:43.680 --> 00:37:51.520 taller than a single-story residence, and they, in and of themselves, will provide sound 00:37:51.520 --> 00:37:55.800 attenuation, baffling to deflect that sound away from there. 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 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 00:38:08.720 --> 00:38:15.360 because there is a project and a development built that serves to quiet and attenuate the 00:38:15.360 --> 00:38:17.560 noise from their quality of lifestyle. 00:38:17.560 --> 00:38:22.040 So this I'm saying to you from my personal experience and my observations. 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 00:38:30.520 --> 00:38:38.000 vegetation, the natural creek bed buffers the site and the sound from this project and 00:38:38.000 --> 00:38:40.000 also further from the roadway. 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 00:38:46.560 --> 00:38:50.160 use and to have a business park granted. 00:38:50.160 --> 00:38:57.600 So in addition to the business park being an asset, is that my time? 00:38:57.600 --> 00:38:58.600 That is your time, but I'll let you wrap up. 00:38:58.600 --> 00:38:59.920 Well, let me just sum up really quickly. 00:38:59.920 --> 00:39:00.920 Sure. 00:39:00.920 --> 00:39:06.600 This is very important for the School District of Crum to balance their tax revenue. 00:39:06.600 --> 00:39:10.760 It will not generate one child who needs an education, but it will provide much, much 00:39:10.760 --> 00:39:14.320 tax need and revenue to the School District of Crum. 00:39:14.320 --> 00:39:20.000 And that will save and help the little man, the individual homeowner will appreciate this 00:39:20.000 --> 00:39:23.960 more so than anybody will ever appreciate. 00:39:23.960 --> 00:39:24.960 Thanks for sharing your thoughts. 00:39:24.960 --> 00:39:27.960 Appreciate it. 00:39:27.960 --> 00:39:35.240 I do have another card here, Sidney Evans. 00:39:35.240 --> 00:39:36.240 You'll state your name and address. 00:39:36.240 --> 00:39:37.240 Your time will begin. 00:39:37.240 --> 00:39:38.240 Hello. 00:39:38.240 --> 00:39:39.240 Yes, I'm Sidney Evans. 00:39:39.240 --> 00:39:40.240 I live at 2209 High Meadow Drive. 00:39:40.240 --> 00:39:43.240 I won't probably be quite as long-winded as my predecessors. 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 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 00:39:54.200 --> 00:39:56.000 for five years over at Airport Road. 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 00:40:01.480 --> 00:40:03.640 the construction and things that have taken place. 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 00:40:08.200 --> 00:40:09.720 industrial zoning. 00:40:09.720 --> 00:40:14.840 The light industrial zoning not only complies with the precedented Denton 2040 comprehensive 00:40:14.840 --> 00:40:18.640 plan, but it also coincides with surrounding property's approved usage. 00:40:18.640 --> 00:40:23.080 But first and foremost, it serves a need in the community. 00:40:23.080 --> 00:40:26.400 Many large manufacturing and distribution centers are located in the near vicinity. 00:40:26.400 --> 00:40:30.640 My organization, as well as others along Airport Road and surrounding areas, continue to demand 00:40:30.640 --> 00:40:34.660 overflow storage and staging zones for both raw materials and finished goods. 00:40:34.660 --> 00:40:37.000 If you're aware of what's there, it's mostly food and beverage. 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 00:40:42.560 --> 00:40:43.560 today. 00:40:43.560 --> 00:40:46.960 We must be cognizant of our local manufacturers' needs, as well as the supply chain challenges 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. 00:40:50.880 --> 00:40:54.760 By approving the subject property for light industrial use, you are supporting the immediate 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 00:40:59.320 --> 00:41:00.320 request. 00:41:00.320 --> 00:41:01.320 Thank you. 00:41:01.320 --> 00:41:04.440 Thank you for sharing your thoughts. 00:41:04.440 --> 00:41:06.480 I don't have any other cards in front of me. 00:41:06.480 --> 00:41:09.520 Is there anyone else wishing to speak on this item? 00:41:09.520 --> 00:41:12.000 In the audience? 00:41:12.000 --> 00:41:13.000 Okay. 00:41:13.000 --> 00:41:17.520 I can open up the floor here for further discussion or a motion. 00:41:17.520 --> 00:41:18.520 Commissioner Smith? 00:41:18.520 --> 00:41:23.240 I'm going to make a motion to approve this project as presented. 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 00:41:28.320 --> 00:41:33.800 there weren't muds already out there, that you could possibly see overarching encroachment 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 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 00:41:45.160 --> 00:41:48.480 the LI zoning there in September of 2022. 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 00:41:52.040 --> 00:41:56.300 approve and keep going forward in the future, but it meets the flume. 00:41:56.300 --> 00:41:58.320 It makes sense for the area. 00:41:58.320 --> 00:42:01.760 The single family residential that exists out there now is across the street from a record 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 00:42:07.360 --> 00:42:11.280 this project cannot move forward, it just doesn't make sense to me. 00:42:11.280 --> 00:42:13.480 For that, I'll make the motion to approve as presented. 00:42:13.480 --> 00:42:14.480 Thank you. 00:42:14.480 --> 00:42:15.480 Commissioner Pruitt? 00:42:15.480 --> 00:42:17.720 Yeah, I'll second. 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 00:42:24.480 --> 00:42:34.880 this area means in the future and for reasons of consistency and just what makes sense, 00:42:34.880 --> 00:42:43.200 I think any other use here in the future would be very likely more intrusive. 00:42:43.200 --> 00:42:51.600 We recently worked through some outdoor storage and other provisions in our code that I think 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 00:42:59.200 --> 00:43:00.200 with it. 00:43:00.200 --> 00:43:01.200 Thank you. 00:43:01.200 --> 00:43:03.840 We've got a first and a second for approval. 00:43:03.840 --> 00:43:06.760 Any discussion? 00:43:06.760 --> 00:43:07.760 Commissioner Villarreal? 00:43:07.760 --> 00:43:15.280 I'm going to once again vote in denial of this motion. 00:43:15.280 --> 00:43:21.640 I respect the fact that you all were able to come and speak tonight, fully understand 00:43:21.640 --> 00:43:29.560 the reasoning for supporting this project, however, just because we have a good project 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 00:43:34.720 --> 00:43:38.960 onto this property in the future. 00:43:38.960 --> 00:43:44.600 I am hesitant to rezone this area light industrial with that fact in mind. 00:43:44.600 --> 00:43:47.320 We don't control what is built there. 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 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, 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 00:44:08.000 --> 00:44:10.460 right across the way from them. 00:44:10.460 --> 00:44:14.920 So I'm once again voting against this project and yeah. 00:44:14.920 --> 00:44:17.320 Thank you. 00:44:17.320 --> 00:44:20.080 Any other discussion before we vote? 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 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 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. 00:44:38.760 --> 00:44:45.480 So development kind of took place and it kind of made its way in light industrial. 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 00:44:50.680 --> 00:44:52.720 particular site. 00:44:52.720 --> 00:44:59.360 As Commissioner Smith mentioned, we rezone the front of this property, L.I., the back 00:44:59.360 --> 00:45:05.760 of this property that we are looking at tonight is encumbered greatly by the environmentally 00:45:05.760 --> 00:45:12.240 sensitive area on the east side of it. 00:45:12.240 --> 00:45:19.460 The request as it is tonight makes sense for this particular piece of property. 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 00:45:24.400 --> 00:45:36.240 board. 00:45:36.240 --> 00:45:44.440 That motion will carry four, three. 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 00:45:53.040 --> 00:45:55.340 up for presentation of that item. 00:45:55.340 --> 00:45:57.000 Good evening. 00:45:57.000 --> 00:46:06.080 Good evening Chair and Commissioners, Cameron Robertson, principal planner. 00:46:06.080 --> 00:46:09.640 So this is PP23-0004. 00:46:09.640 --> 00:46:16.400 This is a preliminary plot for Denton Logistics Center located along FM 1173, just east of 00:46:16.400 --> 00:46:19.160 the railroad line right there. 00:46:19.160 --> 00:46:23.320 Staff is recommending denial of the plot as it does not meet the criteria for approval, 00:46:23.320 --> 00:46:28.320 but staff has no objection to the request and extension to March 29th. 00:46:28.320 --> 00:46:29.320 Any questions? 00:46:29.320 --> 00:46:30.320 Thank you, Cameron. 00:46:30.320 --> 00:46:31.320 Any questions for Cameron? 00:46:31.320 --> 00:46:32.320 I do not see any. 00:46:32.320 --> 00:46:33.320 Thank you so much. 00:46:33.320 --> 00:46:34.320 Commissioner Villarreal. 00:46:34.320 --> 00:46:36.320 I move approval of the extension to the date certain of March 29th, 2023. 00:46:36.320 --> 00:46:37.320 Commissioner Smith? 00:46:37.320 --> 00:46:38.320 Second. 00:46:38.320 --> 00:46:39.320 Okay. 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 00:46:48.440 --> 00:46:51.040 March 29th, 2023. 00:46:51.040 --> 00:46:53.360 Any discussion? 00:46:53.360 --> 00:47:02.120 Let's vote on the board, please. 00:47:02.120 --> 00:47:04.200 That motion carries 7-0. 00:47:04.200 --> 00:47:06.760 That will take us to 3C. 00:47:06.760 --> 00:47:07.760 That's FR23-0002. 00:47:07.760 --> 00:47:08.760 Hello, Sean. 00:47:08.760 --> 00:47:09.760 Good evening Chair. 00:47:09.760 --> 00:47:10.760 Members of the commission, Sean Jacobson, associate planner. 00:47:10.760 --> 00:47:19.040 I'm just pulling up my item here. 00:47:19.040 --> 00:47:23.120 All right. 00:47:23.120 --> 00:47:29.080 Presenting FR23-0002, a replat of the mid-state's realty addition. 00:47:29.080 --> 00:47:35.080 This is an approximately five-acre property just off Loop 288 north of the intersection 00:47:35.080 --> 00:47:37.960 of Loop 288 and Spencer. 00:47:37.960 --> 00:47:43.160 And right now, it does not meet our criteria for approval, so staff is recommending denial. 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 00:47:47.240 --> 00:47:49.040 certain of March 29th. 00:47:49.040 --> 00:47:52.280 With that, happy to answer any questions. 00:47:52.280 --> 00:47:53.280 Thank you, Sean. 00:47:53.280 --> 00:47:54.280 Any questions? 00:47:54.280 --> 00:47:57.160 I do not see any, sir. 00:47:57.160 --> 00:47:58.160 Thank you. 00:47:58.160 --> 00:47:59.160 Commissioner Anderson? 00:47:59.160 --> 00:48:04.640 I make a motion to approve the extension to date certain of March 29th. 00:48:04.640 --> 00:48:05.640 Commissioner Villarreal? 00:48:05.640 --> 00:48:06.640 Second. 00:48:06.640 --> 00:48:09.280 Commissioner Villarreal has got a first and a second to approve the extension request 00:48:09.280 --> 00:48:14.880 to a date certain of March 29th, 2023. 00:48:14.880 --> 00:48:23.920 Seeing no discussion, let's go ahead and vote, please. 00:48:23.920 --> 00:48:26.520 That motion carries 7-0. 00:48:26.520 --> 00:48:32.920 That will take us to 3-D, PD 22-0010B. 00:48:32.920 --> 00:48:37.040 Before I invite Mia up for this item, I'm just going to read a statement. 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 00:48:41.120 --> 00:48:45.560 people understand what it is we are reviewing tonight. 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 00:48:50.640 --> 00:48:57.360 15th, 2023, on a requested rezoning of a PD overlay for property at the intersection 00:48:57.360 --> 00:49:00.560 of Hunters Creek and Teasley Lane. 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, 00:49:05.920 --> 00:49:10.520 the commission is not able to discuss and deliberate the actual rezoning request at 00:49:10.520 --> 00:49:15.280 this meeting because the commission does not have legal authority to do so. 00:49:15.280 --> 00:49:21.480 The commission is only able to discuss whether or not the requested rezoning should be reconsidered 00:49:21.480 --> 00:49:22.480 at a future date. 00:49:22.480 --> 00:49:26.560 So in other words, the commission is only able to discuss tonight whether or not they 00:49:26.560 --> 00:49:31.040 want to have a second attempt at this item. 00:49:31.040 --> 00:49:34.880 If the commission votes to reconsider the zoning case, the public hearing will be scheduled 00:49:34.880 --> 00:49:42.960 for March 29th, 2023, of which then public comment related to it can be discussed at 00:49:42.960 --> 00:49:44.360 that time. 00:49:44.360 --> 00:49:49.240 If the commission votes to not reconsider the zoning case, then the zoning case will 00:49:49.240 --> 00:49:52.120 move forward as a denial to city council. 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. 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 00:50:05.200 --> 00:50:08.200 of what we're discussing. 00:50:08.200 --> 00:50:14.800 Hi, good evening, commission, Mia Hines, associate planner. 00:50:14.800 --> 00:50:15.800 I don't have much to add. 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 00:50:24.240 --> 00:50:25.240 reconsider. 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 00:50:30.760 --> 00:50:32.920 hearing on March 29th. 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 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. 00:50:44.600 --> 00:50:46.040 Any questions for Mia? 00:50:46.040 --> 00:50:50.400 Thanks, Mia, I don't see any. 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 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 00:51:02.640 --> 00:51:12.400 we were discussing the item, namely that we've got NRMEU uses with MN development standards. 00:51:12.400 --> 00:51:17.480 After further researching what that actually means, it means we have a really messy and 00:51:17.480 --> 00:51:26.000 complicated development happening and so after studying further the backup, after visiting 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 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 00:51:39.680 --> 00:51:40.680 hearing. 00:51:40.680 --> 00:51:45.240 So with that, I will move to reconsider this item. 00:51:45.240 --> 00:51:46.240 Commissioner Anderson? 00:51:46.240 --> 00:51:47.240 Second your motion. 00:51:47.240 --> 00:51:48.240 Okay. 00:51:48.240 --> 00:51:50.880 We've got a first and a second for the reconsideration. 00:51:50.880 --> 00:51:53.880 Is there any discussion? 00:51:53.880 --> 00:51:54.880 Commissioner Villarreal? 00:51:54.880 --> 00:51:55.880 Yes. 00:51:55.880 --> 00:52:00.680 I fully appreciate your explanation as to why you're requesting the reconsideration. 00:52:00.680 --> 00:52:04.200 At this time, I don't believe there is a need for a reconsideration. 00:52:04.200 --> 00:52:10.400 I believe everything was discussed as needed, the backup had enough material for us to do 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. 00:52:15.400 --> 00:52:16.400 Okay. 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 00:52:23.160 --> 00:52:28.680 facts, that we were not discussing all the facts correctly, so that's the biggest reason 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. 00:52:34.840 --> 00:52:35.840 Commissioner Pruitt? 00:52:35.840 --> 00:52:36.840 Thank you, Chair. 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 00:52:44.640 --> 00:52:49.120 learned, is it just the uses and the development standards? 00:52:49.120 --> 00:52:50.120 Was it a specific use? 00:52:50.120 --> 00:52:51.120 Yeah. 00:52:51.120 --> 00:52:52.120 That is correct. 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, 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 00:53:02.560 --> 00:53:06.000 we were truly dealing with PDMN, and we're really not. 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 00:53:14.000 --> 00:53:19.680 reason was not very clear in my head, and it became clear after the fact. 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, 00:53:26.640 --> 00:53:32.040 and I just would like to reopen that so we can have thoughtful discussion again. 00:53:32.040 --> 00:53:33.040 Okay. 00:53:33.040 --> 00:53:34.160 Thank you. 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 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, 00:53:53.480 --> 00:53:58.080 I think, is great at understanding those and finding resolutions to those things. 00:53:58.080 --> 00:54:01.840 I'm willing to have the conversation again. 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 00:54:07.080 --> 00:54:12.720 that if overused, it can be muddy. 00:54:12.720 --> 00:54:16.400 So this is not something I take lightly. 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 00:54:22.360 --> 00:54:25.100 item that I have ever requested. 00:54:25.100 --> 00:54:31.400 And also to your point, Commissioner Smith was absent at that meeting, and I think his 00:54:31.400 --> 00:54:38.360 thoughts as the season commissioner that he is would certainly be welcome in that discussion. 00:54:38.360 --> 00:54:40.720 Any other discussion? 00:54:40.720 --> 00:54:42.240 Okay. 00:54:42.240 --> 00:54:52.920 With that, let's go ahead and vote on the board. 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. 00:54:58.720 --> 00:54:59.840 Thank you. 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. 00:55:06.800 --> 00:55:13.000 I will open the public hearing and invite Mia up for presentation. 00:55:13.000 --> 00:55:17.640 Excuse me. 00:55:17.640 --> 00:55:28.320 Good evening again, Chair, members of the commission, Mia Hines, Associate Planner. 00:55:28.320 --> 00:55:36.240 This item, Z23-0001, is a request to rezone approximately 30 acres from Plan Development 00:55:36.240 --> 00:55:41.760 120 to the mixed-use neighborhood district under our current debt and development code. 00:55:41.760 --> 00:55:47.000 The site itself is generally located just south of Loop 288, approximately 1,600 feet 00:55:47.000 --> 00:55:56.520 west of North Locust Street, and directly adjacent to Beale Street, surrounding the 00:55:56.520 --> 00:56:02.560 property to the south and to the west are single-family residential developments currently 00:56:02.560 --> 00:56:04.160 under construction. 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 00:56:11.440 --> 00:56:13.880 and R4 to the southwest. 00:56:13.880 --> 00:56:18.840 To the east of the subject property is an existing multifamily development currently 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 00:56:24.360 --> 00:56:30.360 288 is the Hills of Denton Master Plan community, currently undeveloped, but the planned land 00:56:30.360 --> 00:56:36.040 use for that area is some type of commercial land use within that Master Plan community. 00:56:36.040 --> 00:56:40.200 The future land use map designation for this site is moderate residential per the Denton 00:56:40.200 --> 00:56:44.400 2040 Comprehensive Plan, and the site itself is currently undeveloped. 00:56:44.400 --> 00:56:48.760 Just to provide you with a little background information, the existing zoning PD-120 was 00:56:48.760 --> 00:56:54.520 established in 1986, and the land use that was conceptually planned for this site was 00:56:54.520 --> 00:56:59.880 multifamily and multifamily restricted, which at that time is similar to what we have as 00:56:59.880 --> 00:57:03.380 townhomes, or what we call townhome these days. 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, 00:57:11.900 --> 00:57:14.040 and so that was the original establishment of this PD. 00:57:14.040 --> 00:57:20.240 That PD was later amended in 1998, and the conceptual land use was still multifamily 00:57:20.240 --> 00:57:21.700 for this site. 00:57:21.700 --> 00:57:25.920 They removed the fact that some of it had to be that multifamily restricted townhome 00:57:25.920 --> 00:57:29.240 element, and so it was just multifamily permitted on this site. 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 00:57:36.400 --> 00:57:42.200 units for both this site and the existing multifamily site that is there to the east 00:57:42.200 --> 00:57:45.120 that was developed in 2010. 00:57:45.120 --> 00:57:52.160 That ordinance in 2010 came just before the development of that multifamily project, and 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 00:57:56.440 --> 00:58:00.520 established for that development, it's still sort of unclear because we were pulling from 00:58:00.520 --> 00:58:05.640 1969 standards and 2002 didn't development code standards. 00:58:05.640 --> 00:58:10.360 There's a lot going on with this history of this site, and ultimately this particular 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 00:58:15.480 --> 00:58:20.040 existing mixed-use neighborhood development standards. 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 00:58:26.520 --> 00:58:28.320 lot of the things that we currently regulate. 00:58:28.320 --> 00:58:31.880 Just wanted to show you a side-by-side comparison of some of those things. 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 00:58:37.560 --> 00:58:45.080 coverage, 40% tree canopy coverage, and one street tree per 45 feet of street frontage, 00:58:45.080 --> 00:58:51.600 and none of that was mentioned in the existing or under the existing PD. 00:58:51.600 --> 00:58:58.200 Additionally, there are some arbitrary maximum building height requirements, and the permitted 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 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 00:59:08.920 --> 00:59:13.240 appropriate for the mixed-use neighborhood setting. 00:59:13.240 --> 00:59:17.920 We did review this request up against the criteria for approval in subchapter two. 00:59:17.920 --> 00:59:23.000 Specifically, the MN zoning is consistent with the Denton 2040 comprehensive plans future 00:59:23.000 --> 00:59:28.560 land use map designation of moderate residential, as it would allow for the development of residential 00:59:28.560 --> 00:59:31.560 dwellings of various density and scale. 00:59:31.560 --> 00:59:36.280 Additionally, that MN zoning is intended to support compatibility between higher-intensity 00:59:36.280 --> 00:59:42.320 mixed uses and adjacent residential, which we would have here, the higher-intensity mixed 00:59:42.320 --> 00:59:49.360 uses being the multifamily to the east commercial across loop 288 and then loop 288 itself, 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 00:59:54.240 --> 00:59:55.920 being developed. 00:59:55.920 --> 00:59:59.720 Under the current zoning, applicable development standards are a bit unclear. 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 01:00:05.280 --> 01:00:09.960 MN standards, this would allow staff to enforce those standards of our current Denton development 01:00:09.960 --> 01:00:10.960 code. 01:00:10.960 --> 01:00:16.640 So, we did perform public outreach per our requirements and state requirement. 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 01:00:20.120 --> 01:00:21.240 a response. 01:00:21.240 --> 01:00:25.800 Late this afternoon, I did receive one response in support of the request from a property 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, 01:00:30.720 --> 01:00:32.200 as we move forward. 01:00:32.200 --> 01:00:37.120 But other than that, no other contacts, no other inquiries about this project that I've 01:00:37.120 --> 01:00:38.120 received. 01:00:38.120 --> 01:00:43.080 The applicant did schedule two virtual neighborhood meetings that they ended up canceling because 01:00:43.080 --> 01:00:49.000 they had not received an RSVP from anyone in the community, and the applicant is here 01:00:49.000 --> 01:00:51.920 if you have any questions for them about those efforts as well. 01:00:51.920 --> 01:00:56.280 So with that, staff is recommending approval of the requested rezoning as it meets the 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 01:01:01.400 --> 01:01:05.240 at City Council with this body's recommendation. 01:01:05.240 --> 01:01:07.800 With that, I will take any questions you have at this time. 01:01:07.800 --> 01:01:08.800 Awesome. 01:01:08.800 --> 01:01:10.080 Thank you, Mia, very much. 01:01:10.080 --> 01:01:13.880 Any questions for me at this time? 01:01:13.880 --> 01:01:14.880 I do not... 01:01:14.880 --> 01:01:15.880 Oh, yes, I do. 01:01:15.880 --> 01:01:16.880 Commissioner Pruitt. 01:01:16.880 --> 01:01:17.880 Thank you, Chair. 01:01:17.880 --> 01:01:20.780 Sorry, I had a slow draw on this monitor. 01:01:20.780 --> 01:01:26.880 Just one question, make sure I understand the connectivity development requirements for 01:01:26.880 --> 01:01:31.360 the MN zone and compatibility to the neighborhood. 01:01:31.360 --> 01:01:36.400 On the southeast portion of this property, it appears to border City of Denton right 01:01:36.400 --> 01:01:43.800 away in the vicinity of the intersection between Beale and Abrams. 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 01:01:50.280 --> 01:01:53.920 connectivity to that intersection would not be provided? 01:01:53.920 --> 01:01:58.360 Sorry, maybe I'm phrasing it. 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. 01:02:04.260 --> 01:02:09.040 Would connectivity to that current three-way intersection not be required of the developer? 01:02:09.040 --> 01:02:10.040 Not be required? 01:02:10.040 --> 01:02:11.040 Yeah. 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 01:02:18.280 --> 01:02:28.240 from that street either extending Abram up into the development or just making a direct 01:02:28.240 --> 01:02:31.640 access and a private drive or something along those lines, and then the other connection 01:02:31.640 --> 01:02:36.280 would be the service road to loop 288 on the north side of the property. 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 01:02:38.720 --> 01:02:43.560 think of any uses that wouldn't be required to... 01:02:43.560 --> 01:02:45.780 Within the MN district that wouldn't be required to... 01:02:45.780 --> 01:02:50.520 To have that access to the southeast corner, okay, thank you. 01:02:50.520 --> 01:02:53.800 Thanks, Mia. 01:02:53.800 --> 01:02:56.640 I do not see any other questions at this time, thank you. 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 01:03:01.120 --> 01:03:02.920 Amy Bissett up for the podium. 01:03:02.920 --> 01:03:03.920 Hello. 01:03:03.920 --> 01:03:08.520 Thank you, Amy Bissett, 109 North Elm, Denton 76201. 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. 01:03:12.560 --> 01:03:15.440 I'm just going to provide a couple of points of clarification. 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 01:03:22.160 --> 01:03:23.160 it. 01:03:23.160 --> 01:03:28.080 It was in the Stonehill shopping center up off of loop 288 and 35. 01:03:28.080 --> 01:03:33.120 It was a nightmare to try to, one, understand the requirements, and two, comply with them, 01:03:33.120 --> 01:03:38.920 because even the definitions didn't exist for some of the requirements that were there. 01:03:38.920 --> 01:03:44.320 Certainly bringing this into the current code is the more logical choice. 01:03:44.320 --> 01:03:50.240 On an aside, I listened to the work session and you all's discussion on environmentally 01:03:50.240 --> 01:03:55.260 sensitive areas, and we did do an ESA field assessment on this site. 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 01:04:01.440 --> 01:04:02.440 are none. 01:04:02.440 --> 01:04:04.840 However, there is a drainage easement. 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 01:04:10.960 --> 01:04:14.080 us to meet those preservation requirements. 01:04:14.080 --> 01:04:20.760 On the neighborhood engagement side of things, the single family homes that are along Beale 01:04:20.760 --> 01:04:26.960 today, they're under construction or have just finished construction, and the notification 01:04:26.960 --> 01:04:32.480 lists that we were provided by the city didn't have any utility addresses associated with 01:04:32.480 --> 01:04:36.840 any of those, but I went out and drove it and confirmed that people actually occupied 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 01:04:41.720 --> 01:04:46.360 came close to the development, just to cover our bases and make sure that anybody that 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 01:04:52.320 --> 01:04:58.920 response whatsoever from anyone, even asking questions about the proposed development. 01:04:58.920 --> 01:05:04.760 We try to be sensitive to that, especially when it's multi-family, abutting single family 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 01:05:09.720 --> 01:05:14.880 the development process, assuming the zoning gets approved. 01:05:14.880 --> 01:05:18.160 Commissioner Pruitt, to your question about the concept plan and connectivity, I'm happy 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 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 01:05:29.240 --> 01:05:30.240 there. 01:05:30.240 --> 01:05:33.160 I'm happy to answer any questions that you have. 01:05:33.160 --> 01:05:34.160 Thank you. 01:05:34.160 --> 01:05:35.160 Thank you, Amy. 01:05:35.160 --> 01:05:36.160 Commissioner Smith. 01:05:36.160 --> 01:05:37.160 Thank you, Chair. 01:05:37.160 --> 01:05:39.720 And this might be more of a Mia question as well. 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 01:05:45.040 --> 01:05:48.440 controlled by any way? 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 01:05:54.760 --> 01:05:58.200 engagement and could not find any on that site. 01:05:58.200 --> 01:06:00.200 The builder is still constructing. 01:06:00.200 --> 01:06:01.200 Who is the builder? 01:06:01.200 --> 01:06:03.760 I believe that it's Jim Strange. 01:06:03.760 --> 01:06:04.760 Have you talked to Jim? 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. 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 01:06:12.960 --> 01:06:19.160 the future and having seen this problem before, site gets rezoned. 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, 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 01:06:30.320 --> 01:06:34.160 of neighborhood citizens, even though they get notified of a preliminary plot, they find 01:06:34.160 --> 01:06:37.160 out that that's coming. 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 01:06:41.360 --> 01:06:42.360 buy a house here. 01:06:42.360 --> 01:06:45.280 That vacant lot behind you is going to stay vacant for many, many years. 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 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 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 01:07:00.640 --> 01:07:04.680 this should be something that is a conversation with the builder, make sure the builder knows 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 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 01:07:12.160 --> 01:07:16.200 aware, just so that basically to save the future version of the commission a little 01:07:16.200 --> 01:07:18.840 bit of heartache because we start talking to people there in a preliminary plot saying 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. 01:07:23.080 --> 01:07:25.600 We're just sad that somebody told you something wrong back then. 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 01:07:30.760 --> 01:07:32.160 it would save me the heartache as well. 01:07:32.160 --> 01:07:33.160 Cool. 01:07:33.160 --> 01:07:34.160 Awesome. 01:07:34.160 --> 01:07:35.160 Thank you, Amy. 01:07:35.160 --> 01:07:36.160 Absolutely. 01:07:36.160 --> 01:07:37.160 Thank you. 01:07:37.160 --> 01:07:38.160 Thanks, Commissioner Smith. 01:07:38.160 --> 01:07:39.160 Any other questions? 01:07:39.160 --> 01:07:40.160 Thank you. 01:07:40.160 --> 01:07:41.160 Thank you. 01:07:41.160 --> 01:07:42.160 Okay. 01:07:42.160 --> 01:07:43.160 This is a public hearing. 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 01:07:46.080 --> 01:07:48.520 on this item? 01:07:48.520 --> 01:07:50.720 Okay. 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. 01:07:55.480 --> 01:07:58.000 Make a motion or discussion. 01:07:58.000 --> 01:07:59.000 Commissioner Smith? 01:07:59.000 --> 01:08:01.440 Make a motion to approve as presented. 01:08:01.440 --> 01:08:02.440 Commissioner McDade? 01:08:02.440 --> 01:08:03.440 Second. 01:08:03.440 --> 01:08:04.440 Okay. 01:08:04.440 --> 01:08:06.480 We've got a first and a second for approval of the request. 01:08:06.480 --> 01:08:07.720 Any discussion? 01:08:07.720 --> 01:08:08.720 Okay. 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 01:08:16.080 --> 01:08:17.080 code. 01:08:17.080 --> 01:08:20.920 So I think that's a definite win. 01:08:20.920 --> 01:08:22.200 I don't see any other discussion. 01:08:22.200 --> 01:08:30.360 Let's go ahead and vote, please. 01:08:30.360 --> 01:08:32.720 That motion carries 7-0. 01:08:32.720 --> 01:08:36.920 That will take us to our Planning and Zoning Commission project matrix, and I will turn 01:08:36.920 --> 01:08:39.280 the floor over to Tina. 01:08:39.280 --> 01:08:41.400 Thank you, Chair Ellis. 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 01:08:45.760 --> 01:08:50.920 development projects, so since the last time the commission has met, the City Council meeting 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 01:08:56.320 --> 01:09:01.720 for approval for the Southeast Denton area plan consultant. 01:09:01.720 --> 01:09:05.740 So happy to report that the contract has been approved. 01:09:05.740 --> 01:09:08.600 So the city has retained HDR. 01:09:08.600 --> 01:09:13.600 If that sounds familiar, HDR is also working with us on Northeast Denton. 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 01:09:18.760 --> 01:09:23.680 sure that it was appropriate for Southeast Denton to bring people with strengths for 01:09:23.680 --> 01:09:28.400 some of the challenges and opportunities that we'll be working on for Southeast Denton, 01:09:28.400 --> 01:09:30.420 and so that contract was approved. 01:09:30.420 --> 01:09:35.600 We will be working on kicking off that project formally in March. 01:09:35.600 --> 01:09:41.640 There will be robust public engagement associated with that project, and so we anticipate some 01:09:41.640 --> 01:09:45.760 public engagement activities happening early in April, but we'll definitely keep the commission 01:09:45.760 --> 01:09:47.880 informed as we work on that project. 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 01:09:54.120 --> 01:09:55.680 on those efforts as well. 01:09:55.680 --> 01:10:01.020 So that's the only item to report from Council's February 21st agenda. 01:10:01.020 --> 01:10:03.840 We do not have any development cases on that agenda. 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 01:10:08.200 --> 01:10:13.280 was last presented two weeks ago, so happy to receive any additional requests if you 01:10:13.280 --> 01:10:14.280 want anything added. 01:10:14.280 --> 01:10:15.280 Great. 01:10:15.280 --> 01:10:16.340 Thank you. 01:10:16.340 --> 01:10:19.240 Anything to be added to the matrix? 01:10:19.240 --> 01:10:20.240 Commissioner Pruitt? 01:10:20.240 --> 01:10:21.240 Thank you, Chair. 01:10:21.240 --> 01:10:25.920 I was hoping somebody else would say this, but I'll go for it. 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 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 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 01:10:46.560 --> 01:10:51.840 year and a half ago soon with the 2040 plan update. 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 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 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 01:11:10.200 --> 01:11:14.640 about what that side of the town looks like. 01:11:14.640 --> 01:11:18.400 I'm not envisioning something that looks like another area plan yet. 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 01:11:23.180 --> 01:11:26.040 get settled down. 01:11:26.040 --> 01:11:28.360 Great. 01:11:28.360 --> 01:11:29.720 Thank you. 01:11:29.720 --> 01:11:31.600 Anything else for the matrix? 01:11:31.600 --> 01:11:34.960 Okay, any concluding items? 01:11:34.960 --> 01:11:37.160 Okay. 01:11:37.160 --> 01:11:38.160 Thank you all. 01:11:38.160 --> 01:11:42.640 And with that, I will adjourn us at 720 PM. 01:11:42.640 --> 01:11:42.940 Thank you all.