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 >> Good afternoon and welcome to the city of Denton's planning and zoning commission

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 meeting for Wednesday, March 15, 2023.

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 This is our work session and with the quorum present, I will call us to order at 5 o'clock

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 p.m.

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 Let the record show that Commissioner Villarreal is absent at this time.

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 First item on our work session is citizen comment on consent agenda.

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 I do not see anyone here to speak on the consent agenda, so we'll move on to a clarification

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 of our agenda for this evening.

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 Any issue, our first item is minutes.

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 Anything with the minutes for March 1st?

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 Okay.

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 How about the consent agenda?

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 Questions?

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 Need any info on that?

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 Okay.

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 Moving on then to items for individual consideration 4A.

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 Any questions?

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 Welcome, Jordan.

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 Yeah, come on up.

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 Yeah, just quick overview and then we can see if anyone's got any questions.

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 Erin, right?

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 Okay, this is Erin Stanley, assistant planner.

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 This is an extension request for, no this is not on it.

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 This is an extension request for a final plot for phases 7 and 8 of North Point addition.

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 It's generally located south of loop 288 and north of Beale Street.

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 It is an approximately 18.1 acre site to develop 63 residential properties lots and at this

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 time staff is recommending denial as it does not meet all of our criteria for approval,

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 but we have no objection to the requested extension to April 23rd, 2023.

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 April 12th, yeah?

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 Oh, yes, 12th.

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 Okay.

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 Very good.

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 Thanks, Erin.

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 Any questions for Erin?

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 Okay.

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 Thank you much.

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 For B, ZCP 220064 is here.

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 I'll let you come up and give us a little summary on that if you don't mind.

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

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 Just for a quick summary, this is a zoning compliance plan for the razor ranch or phase

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 one of the razor ranch town center.

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 If you recall, the site plan came to you about this time last year, so this is a revised

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 site plan for this area.

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 The site itself is just under 30 acres located at the southwest corner of West University

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 Drive and I-35, and staff is recommending approval as the request does meet all the

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 established criteria.

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 In my longer presentation, I was planning on going through some of the differences that

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 you might notice between the approved plan and the revised plan.

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 It's still all meeting code, which is why staff is recommending approval, but just so

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 you are aware of some of those differences.

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 That'd be great.

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 Okay.

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 Commissioner Anderson.

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 Commissioner Anderson, can you turn your mic on?

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 So we ... Yeah.

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 Well, that's it.

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 Thank you.

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 Isn't that the southeast corner?

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 Yeah.

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 I'm directionally challenged sometimes.

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 That is the southeast corner.

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 My apologies.

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 I'll make sure that's corrected.

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 I'll make sure that's on the other side of the highway.

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 Okay.

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 Yes, sir.

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 Yes, sir.

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 Well done.

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 Okay.

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 Thank you, Commissioner Anderson.

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 Any other questions for Mia?

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 Okay.

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 Thank you very much.

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 Yes, ma'am.

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 Next item on our agenda is force C. I'll let Julie come up and the summary of that item.

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 Hi, Julie.

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 Good evening.

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 Julie Wyatt, Planner with the City of Denton.

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 And this is PP22-0021B.

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 This one probably looks very familiar to you.

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 It is that force crossing phase two multifamily project.

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 The specific use permit was approved, so now they're coming back with that preliminary

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 plat that was denied last fall.

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 They still have a few more things they need to work through, in particular, some tree

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 preservation items, and so we are still recommending denial of the request.

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 And they've already received their one-time extension.

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 You are correct.

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 They have exhausted that extension.

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 Okay.

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 Questions?

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 Good.

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 Thank you, Julie.

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 Item four D has been withdrawn, so we will not be taking any action on that item tonight.

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 And four E, Julie, we'll let you just stay out there.

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 Yes.

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 So this is actually in the same area.

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 This is at that intersection of loop 288 and McKinney on that northeast corner.

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 They are coming forward with a preliminary plat for a car wash.

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 They still have some items that they need to work through in order for it to meet all

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 of the requirements of the Debt and Development Code, so we are recommending denial of the

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 request.

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 However, we have no objection to that requested extension to April 12th, and I'll be happy

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 to answer any questions.

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 Great.

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 Questions?

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 Good.

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 Thank you.

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 Thank you.

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 That's -- let's see.

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 That was four E. So four -- four F is E and G. Hello.

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 Hello.

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 Sorry.

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 I had to put my page.

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 Hey.

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 Good evening, everyone.

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 Angie Manglars, Senior Planner, Development Services.

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 This is a preliminary plat for Estella Hills.

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 It's a residential subdivision located on the south side of McKinney Street at the intersection

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 of Laney Circle and McKinney Street.

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 At this time, the preliminary plat does not meet our criteria for approval, so we are

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 recommending denial.

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 We have no objection to the recommended extension to a date of April 12th.

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 Any questions for Angie?

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 Thank you much.

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 Okay, that will move us to our public hearing discussion.

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 5A, staff is requesting that item be postponed, so I will be opening the public hearing and

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 leaving it open, and then I'll be asking for a motion for extension -- or a postponement,

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 I'm sorry -- April 12th on that one.

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 Okay.

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 Then let's go on to 5B, and Angie, show with that one.

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 Yes.

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 Good evening.

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 This is a plan development request, PD210007 for Sherman Drive Mixed Use.

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 I'll give you an overview summary of this request.

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 It is a request to a plan development on approximately 20 acres at the northeast corner of Loop 288

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 and FM 428.

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 The purpose of the plan development request is to establish the zoning that would allow

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 for a multifamily development.

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 It is generally consistent with the 2040 comprehensive plan and meets our criteria for approval,

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 so we are recommending approval of this request this evening.

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 Really quick, just a little bit of background on this.

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 The site is zoned SC today, and a multifamily development could be allowed with the approval

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 of an SUP.

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 However, this development has approximately 52 horizontal multifamily units that are being

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 requested.

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 At the time this request came in, in November of 2021, the DDC did not have a definition

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 that captured the horizontal multifamily component, therefore they applied for a plan development

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 request.

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 Eventually we did codify those amendments in the fall of 2022.

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 However, this application had gone through several iterations.

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 We had adopted some different design criteria standards for the HML portion that would be

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 different than straight zoning, decided it was appropriate to continue in the manner

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 that they started.

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 So that's why you see a plan development request here tonight rather than an SUP.

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 Can answer any questions you all may have.

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 Thank you.

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 Commissioner Smith.

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 Angie, that little corner piece there at 2-8 and 4-28, is that owned by the same property

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 owner that's owning for the applied zoning change?

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 That's obviously going to stay SC, is that part of it?

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 Sure.

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 You're referencing this little part right here.

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 It's a very hard corner.

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 Yes.

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 That's approximately 4.5 acres.

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 It is not part of the plan development request, it is under the same ownership.

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 So it will remain SC, could develop under any use that's permitted in SC.

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 Yeah, just knowing from some of the feedback we've gotten from citizen comment that a need

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 for commercial space and all, there's a section there for commercial space is still owned

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 by the same owner and probably have the same intent that the applicant could speak to.

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 Can we, I know we'll get into it in public session, but just because we've had so much

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 feedback on this, can you go briefly talk about mobility and traffic within the presentation?

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 Can you just kind of cover that quickly and see if we have any questions there?

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 I can cover it quickly and maybe get some help from Haley here.

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 But there are two major road systems in the area, as you all are familiar.

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 We have FM 428, which is a north-south road that's owned and maintained by TechStot.

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 It's currently constructed as a two-lane road.

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 It does have a sidewalk on the western side of the road.

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 You'll notice here that our mobility plan classifies this as a freeway.

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 After the adoption of the mobility plan, TechStot did come back and let us know that this is

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 likely to remain a primary arterial.

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 So the map hasn't quite been reflected to show that, but that's what all indications

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 from TechStot are showing at this time.

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 Loop 288 is an east-west roadway.

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 It is also owned and maintained by TechStot.

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 It is currently constructed as a limited-access freeway.

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 It's designated as a freeway and the mobility plan is constructed with four lanes.

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 There is limited on- and off-ramps.

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 You all are kind of familiar with how Loop 288 functions.

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 TechStot does have plans to improve it.

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 The applicant has provided an area of right-of-way dedication for the eventual expansion of 288.

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 And then as part of this PD request along this eastern property line here, we've asked

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 the applicant to reserve the half-width of a residential street.

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 So it's a reservation rather than a dedication of right-of-way of 27 and a half feet.

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 It runs north-south.

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 It's not saying that a road will be there, but as the area develops and things change,

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 should that need ever arise, at that time we could come in and require dedication and

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 construction to kind of support the growing region and provide additional north-south

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 connectivity through the area.

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 And because that's going to be horizontal multifamily and therefore rental property

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 for the most part, that property management company will be the one going through.

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 There's no problem with the reservation piece because that land will still be owned by somebody

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 else and that dedication will be done there, unlike if this was single-family residential

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 that's being developed, something like that, a reservation process would normally happen

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 because I guess then it would be an age away having to do the dedication, is that correct?

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 I'm not entirely sure how it would function if it were just straight residential in this

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 case, but we've shown the dedication or the reservation rather on both the development

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 plan and spelled it out in the development standards that, you know, should traffic studies

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 in the future warrant this road, we can come in and require dedication and the construction

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 of that.

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 So we've tried to capture it in a few different ways there.

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 Okay.

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 Was there a reason why it wasn't?

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 I saw on the site plan, but is there a reason why not go into a dedication now?

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 Is it just because it's just not unnecessarily needed?

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 If it's going to be set aside just for the road in the first place, why not go to a dedication

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 now?

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 Sure.

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 We had that conversation.

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 The TIA ultimately didn't support requiring a dedication at this time.

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 With this not being a thoroughfare shown on our mobility plan, it's an ask that we would

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 like to see.

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 Dedication would be great because it would save us some steps, but reservation is where

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 we ultimately landed.

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 Got it.

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 Can you also show the site plan and just the accessibility for mobility within there?

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 Sure.

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 How the site plan's built out?

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 So this will give you a pretty good picture of just the site as a whole.

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 So it's not all horizontal multifamily, but you'll see here in the shaded blue component

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 that you have 52 horizontal multifamily units.

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 They're primarily situated along the northern portion of the site.

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 Here in the orangish color, you have your more traditional mid-rise apartment-style buildings.

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 There's five of those.

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 It totals 305 units.

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 The interior of the site is a detention pond with associated landscaping, and then you've

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 got some amenity setters.

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 Along here, you'll see where you have your driveways coming off of both Loop 288 and

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 FM 428, and then I think you wanted me to speak a little bit more to the transportation

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 aspect of that, so we'll look at this slide.

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 The TIA did require some turn lanes and decel lanes to be constructed as part of this project,

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 so I've shown them here.

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 One of the requirements is a southbound turn lane at the driveway location one, which is

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 right here along FM 428.

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 It also required a northbound right-hand turn lane for both driveways one and two, which

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 you can see along here.

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 Driveway two is right here.

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 It'll sub into the eventual commercial development, but it will be constructed as part of this

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 overall phase, and then a required westbound right-hand turn lane here along Loop 288,

250
00:13:40,200 --> 00:13:45,180
 and then the reservation, again, should the area ever need it, you can see here along

251
00:13:45,180 --> 00:13:46,720
 this kind of red outlined area.

252
00:13:46,720 --> 00:13:53,920
 It's a 27 and a half feet, which is a residential street when it's fully built out.

253
00:13:53,920 --> 00:13:59,880
 I didn't know if you were done.

254
00:13:59,880 --> 00:14:00,880
 You're good.

255
00:14:00,880 --> 00:14:01,880
 Okay.

256
00:14:01,880 --> 00:14:02,880
 Commissioner Anderson.

257
00:14:02,880 --> 00:14:03,880
 Thanks, sir.

258
00:14:03,880 --> 00:14:08,360
 On the commercial property, the 4.5, 6 acres, I thought they were supposed to have two access

259
00:14:08,360 --> 00:14:09,360
 in and out.

260
00:14:09,360 --> 00:14:12,360
 I only see one.

261
00:14:12,360 --> 00:14:16,360
 The two points of access is a requirement of the DDC.

262
00:14:16,360 --> 00:14:20,740
 This is not part of that request, so it's not reflected on the site plan, but let's

263
00:14:20,740 --> 00:14:24,320
 say in a couple months this is approved and they do come through with commercial.

264
00:14:24,320 --> 00:14:27,840
 That's going to have to be addressed at that time.

265
00:14:27,840 --> 00:14:31,920
 Any other questions?

266
00:14:31,920 --> 00:14:35,240
 Angie, you mentioned the TIA.

267
00:14:35,240 --> 00:14:42,520
 We've had a lot of feedback on that because that was done, I think it was in 2021.

268
00:14:42,520 --> 00:14:49,440
 Do you have any concerns with that possibly being needed to be redone?

269
00:14:49,440 --> 00:14:54,920
 Not that I received indication from our third party HR green firm that reviewed it, nor

270
00:14:54,920 --> 00:14:59,760
 have we really had that concern come up internally, no ma'am.

271
00:14:59,760 --> 00:15:00,760
 Okay.

272
00:15:00,760 --> 00:15:08,160
 Yeah, I'm having a little bit of struggle with this as I've been studying the material,

273
00:15:08,160 --> 00:15:15,320
 especially as it relates to the future land use, which is community mixed use.

274
00:15:15,320 --> 00:15:23,240
 This is so not community mixed use, which in my interpretation of it, majority should

275
00:15:23,240 --> 00:15:24,240
 be commercial.

276
00:15:24,240 --> 00:15:28,680
 The majority of this piece of land is residential.

277
00:15:28,680 --> 00:15:38,200
 I'm struggling with how staff decided that that reflected in accordance with the future

278
00:15:38,200 --> 00:15:39,200
 land use map.

279
00:15:39,200 --> 00:15:40,480
 If you want to speak to any of that.

280
00:15:40,480 --> 00:15:41,880
 I can speak to that a little bit.

281
00:15:41,880 --> 00:15:45,600
 I'll pull up that slide real quick just so you can see.

282
00:15:45,600 --> 00:15:50,200
 Community mixed use, you are correct, is a transitional area meant to transition from

283
00:15:50,200 --> 00:15:54,980
 your residential areas into your commercial corridors.

284
00:15:54,980 --> 00:15:59,880
 It does call for commercial development, but also views residential components to that

285
00:15:59,880 --> 00:16:04,160
 commercial as complimentary and appropriate within the location.

286
00:16:04,160 --> 00:16:08,240
 As we look at this site, we see that it's consistent with the development patterns that

287
00:16:08,240 --> 00:16:09,680
 we're seeing along loop 288.

288
00:16:09,680 --> 00:16:15,200
 If you specifically look here to the south of loop 288, you have a similar development

289
00:16:15,200 --> 00:16:21,560
 pattern emerging where you have your residential components coming in with the supporting commercial

290
00:16:21,560 --> 00:16:24,480
 on these out parcels.

291
00:16:24,480 --> 00:16:28,280
 It didn't show up as well as I had hoped, but this area here was a recently approved

292
00:16:28,280 --> 00:16:33,920
 ZCP for a multifamily development where apartments will be going, but these remaining out parcels

293
00:16:33,920 --> 00:16:39,400
 that could be accessed off of the loop are MN and SC zoning.

294
00:16:39,400 --> 00:16:42,320
 That would be that commercial component that you're looking for.

295
00:16:42,320 --> 00:16:48,080
 When we look at this as a transitional area from the northern residential units that you

296
00:16:48,080 --> 00:16:54,080
 see, especially there to the north and northeast, as you get closer to the loop, it is consistent

297
00:16:54,080 --> 00:16:56,320
 with the development patterns that we're seeing.

298
00:16:56,320 --> 00:17:04,880
 We did find that this fits the overall goal of community mixed use with those just different

299
00:17:04,880 --> 00:17:06,880
 components that you see there.

300
00:17:06,880 --> 00:17:07,880
 Okay.

301
00:17:07,880 --> 00:17:14,000
 I think that's it for now as I continue to ponder anything else.

302
00:17:14,000 --> 00:17:16,520
 Commissioner Villarreal.

303
00:17:16,520 --> 00:17:22,440
 I was going to ask during the meeting itself, but since Chair Ellis brought it up, have

304
00:17:22,440 --> 00:17:32,200
 we received any data points suggesting that a TIA done during COVID could unintentionally

305
00:17:32,200 --> 00:17:37,060
 undercount the amount of traffic we're expected to see?

306
00:17:37,060 --> 00:17:40,000
 Haley indicates that she has an answer for that one.

307
00:17:40,000 --> 00:17:41,000
 Okay.

308
00:17:41,000 --> 00:17:44,280
 Corina wasn't able to be here with us tonight due to some trouble with her vehicle, but

309
00:17:44,280 --> 00:17:49,640
 I did talk to her about the TIA for this earlier, given some of those comments that we received.

310
00:17:49,640 --> 00:17:55,040
 She indicated that although the analysis was done during the pandemic, they also made allowances

311
00:17:55,040 --> 00:17:59,520
 for additional traffic being added to their numbers to make modifications to account for

312
00:17:59,520 --> 00:18:02,240
 that presumed reduction.

313
00:18:02,240 --> 00:18:05,640
 At this time, we don't have any cause for concern with those numbers because that's

314
00:18:05,640 --> 00:18:08,960
 our understanding is that they did account for some additional trips beyond what they

315
00:18:08,960 --> 00:18:12,640
 saw when they did the traffic counts, assuming that there was a certain reduction in vehicle

316
00:18:12,640 --> 00:18:17,480
 traffic due to COVID, but if the commission has concerns with that, we can certainly ask

317
00:18:17,480 --> 00:18:23,320
 the applicant to speak to that further tonight as they should have some of that background

318
00:18:23,320 --> 00:18:24,320
 information.

319
00:18:24,320 --> 00:18:25,320
 Commissioner Anderson.

320
00:18:25,320 --> 00:18:26,320
 Yeah, thanks.

321
00:18:26,320 --> 00:18:31,040
 Yeah, that would be good because since then, that neighborhood on the north side of the

322
00:18:31,040 --> 00:18:32,840
 football stadium has almost been developed.

323
00:18:32,840 --> 00:18:37,680
 You're going to have how many apartments and horizontal housing there?

324
00:18:37,680 --> 00:18:43,360
 Friday night, football traffic already backs up on loop 288 and 428 on the south side.

325
00:18:43,360 --> 00:18:46,760
 I mean, I'm looking at this and I see traffic nightmare.

326
00:18:46,760 --> 00:18:49,080
 That's what it's going to be.

327
00:18:49,080 --> 00:18:57,600
 Yeah, and also just more with the TIA, I think that was done in July, so was anything given

328
00:18:57,600 --> 00:19:03,920
 to the fact that school was not in session and kids go there daily when school is in

329
00:19:03,920 --> 00:19:10,600
 session to that complex, so did they speak to that at all?

330
00:19:10,600 --> 00:19:14,640
 I haven't read the document myself, but it is my understanding that they made allowances

331
00:19:14,640 --> 00:19:20,560
 for additional trips for those factors, such as school and COVID.

332
00:19:20,560 --> 00:19:23,520
 So I believe that is included, but we can certainly look into that further.

333
00:19:23,520 --> 00:19:24,520
 Okay.

334
00:19:24,520 --> 00:19:28,440
 We can talk more about that done in detail if we can get some of those answers, and maybe

335
00:19:28,440 --> 00:19:31,000
 the applicant has those answers anyway for us, so.

336
00:19:31,000 --> 00:19:32,000
 Yeah, sure.

337
00:19:32,000 --> 00:19:33,000
 Okay.

338
00:19:33,000 --> 00:19:34,000
 Anything else right now?

339
00:19:34,000 --> 00:19:35,000
 Okay.

340
00:19:35,000 --> 00:19:36,000
 Thank you, Angie, very much.

341
00:19:36,000 --> 00:19:37,000
 Thank you.

342
00:19:37,000 --> 00:19:43,120
 Okay, that's the end of our agenda for this evening, so we'll move on to a work session

343
00:19:43,120 --> 00:19:48,440
 report, and that is Receive a Report, Hold a Discussion Regarding Regulations and Procedures

344
00:19:48,440 --> 00:19:51,780
 Related to Public Hearing Notification.

345
00:19:51,780 --> 00:20:02,860
 Good evening, Julie Wyatt here for a boot camp on public notification.

346
00:20:02,860 --> 00:20:07,880
 I believe this came about, Commissioner Smith asked us a while ago.

347
00:20:07,880 --> 00:20:16,760
 I think it was 2020, it might be 2018 or 2019.

348
00:20:16,760 --> 00:20:22,720
 But specifically regarding notification in the ETJ, we thought we would just expound

349
00:20:22,720 --> 00:20:28,280
 upon that and just have a refresher about public notification regarding the state of

350
00:20:28,280 --> 00:20:31,200
 Texas and also what we do here in the city of Denton.

351
00:20:31,200 --> 00:20:36,280
 So here we are, we're talking about that tonight.

352
00:20:36,280 --> 00:20:41,060
 So what I really want you to come away with is what the Texas law is regarding public

353
00:20:41,060 --> 00:20:48,360
 notification, what the requirements are in terms of the ETJ, what does the DDC require,

354
00:20:48,360 --> 00:20:53,720
 and then just other notification resources within the city of Denton.

355
00:20:53,720 --> 00:20:58,280
 So before we get on that, I just want to talk briefly about why we do public notification.

356
00:20:58,280 --> 00:21:02,800
 So y'all don't have to shout out any answers unless you want to, but just kind of wanted

357
00:21:02,800 --> 00:21:07,100
 to talk about like why we do that.

358
00:21:07,100 --> 00:21:10,240
 So first we want to ensure transparency in our zoning rules.

359
00:21:10,240 --> 00:21:16,120
 We want everyone to know what the rules of the road are for the adjacent properties and

360
00:21:16,120 --> 00:21:19,320
 when that changes.

361
00:21:19,320 --> 00:21:26,860
 We want to inform citizens of potential uses and development scale on a property.

362
00:21:26,860 --> 00:21:29,840
 We want to inform citizens of upcoming public hearings.

363
00:21:29,840 --> 00:21:34,900
 We want them to know the time, the date, the place.

364
00:21:34,900 --> 00:21:41,000
 And then we also want to allow nearby property owners to provide feedback for any changes

365
00:21:41,000 --> 00:21:43,300
 to zoning.

366
00:21:43,300 --> 00:21:45,560
 Any other thoughts about why we do that?

367
00:21:45,560 --> 00:21:47,320
 Anybody want to throw out any ideas?

368
00:21:47,320 --> 00:21:48,320
 That's okay.

369
00:21:48,320 --> 00:21:51,760
 >> State law would be one of them because you have to.

370
00:21:51,760 --> 00:21:55,400
 >> And you also have to, yes, that's very good, absolutely.

371
00:21:55,400 --> 00:21:58,320
 It is absolutely a state law requirement.

372
00:21:58,320 --> 00:22:02,160
 And it's also a Denton Development Code requirement as well.

373
00:22:02,160 --> 00:22:06,120
 And so within the City of Denton, when is that public notification required?

374
00:22:06,120 --> 00:22:11,680
 Y'all are really familiar with that, but essentially any changes to our comprehensive plan, zoning,

375
00:22:11,680 --> 00:22:17,800
 either text or zoning map change, SUPs, you see those a lot.

376
00:22:17,800 --> 00:22:21,720
 Alternative ESA plans, you don't see those as often, but they do come up.

377
00:22:21,720 --> 00:22:27,080
 Also annexation and historic and conservation district designations also require public

378
00:22:27,080 --> 00:22:30,480
 notification.

379
00:22:30,480 --> 00:22:32,940
 So now let's get into the nitty gritty.

380
00:22:32,940 --> 00:22:34,200
 This is pretty text heavy.

381
00:22:34,200 --> 00:22:39,000
 I apologize for that, but I do want to let you know that I have copied in the State of

382
00:22:39,000 --> 00:22:44,900
 Texas statute on here, but I've got some helpful hints within it.

383
00:22:44,900 --> 00:22:48,000
 Everything in bold is something that I want you to pay attention to.

384
00:22:48,000 --> 00:22:55,640
 And then also the items in blue, those are the translation for these state statutes.

385
00:22:55,640 --> 00:22:59,800
 They can be confusing and kind of overwritten sometimes.

386
00:22:59,800 --> 00:23:04,340
 And so we've got some helpful hints within there.

387
00:23:04,340 --> 00:23:05,360
 Excuse me.

388
00:23:05,360 --> 00:23:10,840
 So the first thing I want to talk about is Section 211.007.

389
00:23:10,840 --> 00:23:13,680
 This is related to the Zoning Commission.

390
00:23:13,680 --> 00:23:18,280
 And this is in Chapter 211 of the Texas Local Government Code.

391
00:23:18,280 --> 00:23:25,000
 So what that states is before the 10th day before the hearing date, that's 12 days, written

392
00:23:25,000 --> 00:23:29,800
 this, that's a letter of each public hearing before the Zoning Commission of a proposed

393
00:23:29,800 --> 00:23:32,280
 change in a zoning classification.

394
00:23:32,280 --> 00:23:38,040
 That is a change in the zoning map, shall be sent to each owner as indicated by the

395
00:23:38,040 --> 00:23:41,560
 most recently approved municipal tax roll.

396
00:23:41,560 --> 00:23:43,800
 And I have municipal underline.

397
00:23:43,800 --> 00:23:48,080
 That word is doing a lot of heavy lifting here, and that is related to the questions

398
00:23:48,080 --> 00:23:49,080
 regarding the ETJ.

399
00:23:49,080 --> 00:23:52,720
 And we'll talk about that more in an upcoming slide.

400
00:23:52,720 --> 00:23:57,440
 But essentially any property within our city boundary, because they are the ones who pay

401
00:23:57,440 --> 00:24:04,960
 those municipal taxes, of real property within 200 feet of the property on which a zoning

402
00:24:04,960 --> 00:24:08,720
 on which the change in classification is proposed.

403
00:24:08,720 --> 00:24:10,680
 That's our subject site.

404
00:24:10,680 --> 00:24:14,360
 And then it goes further, and I won't read all of it to you, but it also states that

405
00:24:14,360 --> 00:24:17,720
 it has to be sent by United States mail.

406
00:24:17,720 --> 00:24:21,960
 Those of you who've been here long enough, remember that we used to send them by certified

407
00:24:21,960 --> 00:24:22,960
 mail.

408
00:24:22,960 --> 00:24:25,680
 We've since modified that.

409
00:24:25,680 --> 00:24:29,720
 Commissioner Ellis is nodding her head, so she remembers those days.

410
00:24:29,720 --> 00:24:32,560
 We used to send all of these notices by certified mail.

411
00:24:32,560 --> 00:24:36,920
 We've since just sent them by regular mail.

412
00:24:36,920 --> 00:24:39,900
 And this is what's known as a mailed notice.

413
00:24:39,900 --> 00:24:45,040
 We call it by other things, but essentially that's the mailing.

414
00:24:45,040 --> 00:24:51,520
 That's kind of how we talk about it within City Hall and at our planning and zoning commission

415
00:24:51,520 --> 00:24:52,680
 meetings.

416
00:24:52,680 --> 00:24:58,360
 And what you want to take note of is, so this mailing notice, this written letter that we

417
00:24:58,360 --> 00:25:03,960
 sent to send to property owners, that is only for the planning and zoning commission meeting.

418
00:25:03,960 --> 00:25:09,640
 So it's just for that first public hearing and the dual public hearing requirement.

419
00:25:09,640 --> 00:25:11,200
 Any questions on any of this?

420
00:25:11,200 --> 00:25:15,400
 This should be pretty standard for y'all.

421
00:25:15,400 --> 00:25:18,640
 So we'll talk a little bit more about that ETJ.

422
00:25:18,640 --> 00:25:25,800
 So remember, the state requirement, it's sent to the municipal tax roll.

423
00:25:25,800 --> 00:25:33,000
 And the state of Texas attorney general actually gave further clarification on this to municipalities

424
00:25:33,000 --> 00:25:36,160
 because this does come up from time to time.

425
00:25:36,160 --> 00:25:42,220
 And that it states that summary of that opinion is that a landowner is eligible to sign a

426
00:25:42,220 --> 00:25:50,480
 protest to a proposed zoning change under 211 if the lot or land is within the specified

427
00:25:50,480 --> 00:25:56,800
 geographic limits and ownership as indicated on the most recently approved city tax roll.

428
00:25:56,800 --> 00:26:01,840
 So that's really where the rubber hits the road and that we don't send out those notices

429
00:26:01,840 --> 00:26:07,320
 outside of the city limits because they are not within our municipal tax roll.

430
00:26:07,320 --> 00:26:12,320
 Now that doesn't mean that if they send in a protest form that that isn't provided to

431
00:26:12,320 --> 00:26:18,160
 the planning and zoning commission or the city or the city council.

432
00:26:18,160 --> 00:26:25,080
 But that in terms of the mailing and the protest, you would have to be within the city limits.

433
00:26:25,080 --> 00:26:27,800
 Does that make sense?

434
00:26:27,800 --> 00:26:30,560
 Any questions?

435
00:26:30,560 --> 00:26:32,720
 Commissioner Smith.

436
00:26:32,720 --> 00:26:40,080
 This came up because of a project for literally Margie and I and maybe Jason were on the commission

437
00:26:40,080 --> 00:26:41,980
 when this was brought up.

438
00:26:41,980 --> 00:26:47,240
 There was an apartment complex off of 377 that was right at Cross Street.

439
00:26:47,240 --> 00:26:48,720
 I can't remember what it's Cross Street.

440
00:26:48,720 --> 00:26:49,720
 Brush Creek, I think.

441
00:26:49,720 --> 00:26:50,720
 Was it Brush Creek?

442
00:26:50,720 --> 00:26:53,400
 Man, your memory is way better four years ago than mine was.

443
00:26:53,400 --> 00:26:54,400
 Okay.

444
00:26:54,400 --> 00:26:55,400
 Haley agreed.

445
00:26:55,400 --> 00:27:00,160
 So there was ETJ behind the subject property.

446
00:27:00,160 --> 00:27:03,760
 Maybe there was strip zoning along 377.

447
00:27:03,760 --> 00:27:08,760
 There were some houses, I think, on the north side that were in city council or in the city

448
00:27:08,760 --> 00:27:09,760
 limits.

449
00:27:09,760 --> 00:27:15,880
 And so we sent out the notifications, a bunch of folks showed up and said, "My neighbors

450
00:27:15,880 --> 00:27:18,080
 over here got a notice, but I didn't get a notice.

451
00:27:18,080 --> 00:27:19,280
 Why didn't I get a notice?"

452
00:27:19,280 --> 00:27:23,640
 And that's something I've been bringing up for a while, like why can't we send letters

453
00:27:23,640 --> 00:27:29,480
 to them to let them know the project is happening even though it still has the state law requirement

454
00:27:29,480 --> 00:27:36,360
 that it won't count towards the protest procedures within Texas local government code?

455
00:27:36,360 --> 00:27:42,680
 So the reason I wanted to have this whole conversation at first point, and it was a

456
00:27:42,680 --> 00:27:48,280
 thorn in the side three years ago, and it's still kind of a thorn in the side now of notifying

457
00:27:48,280 --> 00:27:54,100
 those that are in the ETJ that are affected by it, even though they're not going to be...

458
00:27:54,100 --> 00:27:56,320
 It's kind of a you lose on both ends there.

459
00:27:56,320 --> 00:27:59,560
 Either we don't notify them and they feel like they're out of the loop and not being

460
00:27:59,560 --> 00:28:03,680
 notified, and we don't notify them because we don't want to create the illusion that

461
00:28:03,680 --> 00:28:09,520
 they can write back in and count towards the protest, but at the same time, if we don't

462
00:28:09,520 --> 00:28:12,360
 notify them, they feel bad about it.

463
00:28:12,360 --> 00:28:14,480
 It's a sticky wicket, I agree.

464
00:28:14,480 --> 00:28:18,120
 I don't know if Haley wants to add anything to it.

465
00:28:18,120 --> 00:28:25,200
 There are other provisions that the city does that gives that notification, and so maybe

466
00:28:25,200 --> 00:28:30,400
 we could table that and come back to it, because the city of Denton actually goes above and

467
00:28:30,400 --> 00:28:33,080
 beyond what that state law requires.

468
00:28:33,080 --> 00:28:35,840
 So, maybe that'll answer the question.

469
00:28:35,840 --> 00:28:37,440
 If not, we could certainly come back to it.

470
00:28:37,440 --> 00:28:39,920
 Would that be all right?

471
00:28:39,920 --> 00:28:41,580
 Great.

472
00:28:41,580 --> 00:28:48,680
 We also have in the Texas local government code section 211.006, and that is the procedures

473
00:28:48,680 --> 00:28:53,440
 governing adoption of zoning regulations in district boundaries.

474
00:28:53,440 --> 00:28:59,440
 This reads that a regulation, which is a zoning text amendment, so if we were amending the

475
00:28:59,440 --> 00:29:04,080
 DDC regulations, or boundary, and that would be a map change, so changing the color on

476
00:29:04,080 --> 00:29:12,480
 the map, is not effective until after a public hearing at city council or on the matter at

477
00:29:12,480 --> 00:29:17,440
 which parties in interest and citizens have an opportunity to be heard.

478
00:29:17,440 --> 00:29:24,360
 So before the 15th day before the hearing, and that's 17 days, a notice of the time and

479
00:29:24,360 --> 00:29:28,440
 place of the hearing must be published in the official newspaper, or a newspaper of

480
00:29:28,440 --> 00:29:29,980
 general circulation.

481
00:29:29,980 --> 00:29:33,240
 Within the city of Denton, that is the Denton Record Chronicle.

482
00:29:33,240 --> 00:29:39,280
 I've marked through the rest of that provision because that is related to general law municipalities.

483
00:29:39,280 --> 00:29:44,080
 The city of Denton is home rule city, so that wouldn't apply.

484
00:29:44,080 --> 00:29:52,240
 So this is what is known as that newspaper notice, and this is required for city council.

485
00:29:52,240 --> 00:29:58,320
 And so now we'll go to the next slide, which is, so just as to wrap up, what the state

486
00:29:58,320 --> 00:30:03,360
 of Texas requires is a mailed notice for the planning and zoning commission, and then a

487
00:30:03,360 --> 00:30:06,800
 newspaper notice for city council.

488
00:30:06,800 --> 00:30:12,080
 Remember the mailed notice is 12 days before the meeting, and then the newspaper notice

489
00:30:12,080 --> 00:30:15,720
 is 17 days prior to the meeting.

490
00:30:15,720 --> 00:30:21,840
 The mailed notice is only for a change in a map boundary, so a change in the color of

491
00:30:21,840 --> 00:30:23,040
 the map.

492
00:30:23,040 --> 00:30:29,760
 The newspaper notice would be required for a change in the Denton Development Code text,

493
00:30:29,760 --> 00:30:32,480
 and also a change in the color in the map.

494
00:30:32,480 --> 00:30:35,560
 So clear as mud on that one.

495
00:30:35,560 --> 00:30:36,860
 Denton goes further.

496
00:30:36,860 --> 00:30:42,080
 Denton requires those items, but they also require a newspaper notice for the planning

497
00:30:42,080 --> 00:30:43,220
 and zoning commission.

498
00:30:43,220 --> 00:30:46,600
 So we go one step further on the newspaper notice.

499
00:30:46,600 --> 00:30:52,280
 We also require postcard notice for residents within a 500 foot buffer, so we take that

500
00:30:52,280 --> 00:30:54,660
 mailed notice a little further.

501
00:30:54,660 --> 00:31:00,040
 We also require signs to be placed on the property every 500 linear feet along a public

502
00:31:00,040 --> 00:31:03,760
 roadway, and that is something that the applicants do.

503
00:31:03,760 --> 00:31:08,080
 And then we also place a notice on the city's website.

504
00:31:08,080 --> 00:31:13,800
 So what we try to do with these items is to capture those residents who wouldn't otherwise

505
00:31:13,800 --> 00:31:20,960
 be notified, those residents within the ETJ, or maybe those outside of that 200 foot boundary.

506
00:31:20,960 --> 00:31:25,720
 200 feet isn't as big as you think it is, especially if you're in outlying areas.

507
00:31:25,720 --> 00:31:29,680
 It doesn't necessarily capture a whole lot of people, so we want to make sure that there

508
00:31:29,680 --> 00:31:35,780
 is adequate access for those who would have an interest and that's why we require especially

509
00:31:35,780 --> 00:31:43,700
 that those signs be placed on the property.

510
00:31:43,700 --> 00:31:44,700
 Commissioner Pruitt?

511
00:31:44,700 --> 00:31:46,120
 Thank you, Chair.

512
00:31:46,120 --> 00:31:47,120
 Just one question.

513
00:31:47,120 --> 00:31:53,040
 I've always wondered, am I correct that the postcard notice number two on the second list

514
00:31:53,040 --> 00:31:55,300
 is done by utility address?

515
00:31:55,300 --> 00:31:57,760
 That is a great question, yes.

516
00:31:57,760 --> 00:32:03,940
 And I'm assuming we have more access to DME utility lists.

517
00:32:03,940 --> 00:32:09,800
 How does this work near the edge of our borders where we have some people either maybe in

518
00:32:09,800 --> 00:32:13,800
 the city of Denton but served by Encore?

519
00:32:13,800 --> 00:32:18,120
 You know, that is a really good question, and I'm not sure I know the answer to that.

520
00:32:18,120 --> 00:32:24,280
 It is my understanding that we don't notify outside of our city limits, even with the

521
00:32:24,280 --> 00:32:28,320
 500 foot public notify, oh, you're talking about the flip side.

522
00:32:28,320 --> 00:32:32,560
 Yeah, I'm talking the flip side of Denton residents that may be served by Encore just

523
00:32:32,560 --> 00:32:34,840
 because there's a few weird spaces.

524
00:32:34,840 --> 00:32:40,600
 Well, we also have the utilities in terms of water and sewer, and so our city of Denton

525
00:32:40,600 --> 00:32:48,800
 boundaries, our CCN for water and sewer, I believe take more than care of our city boundaries.

526
00:32:48,800 --> 00:32:53,080
 So I believe those utility notices would come from that pool.

527
00:32:53,080 --> 00:32:54,920
 Got it, thank you.

528
00:32:54,920 --> 00:32:57,040
 Great question, though.

529
00:32:57,040 --> 00:32:58,400
 Questions?

530
00:32:58,400 --> 00:33:07,760
 Julie, when you mentioned, you know, on the city's website, exactly where is that?

531
00:33:07,760 --> 00:33:09,840
 It can be challenging to find.

532
00:33:09,840 --> 00:33:14,720
 Yeah, and that, I think, yeah, I'll let you go ahead and answer that, and then I'll probably

533
00:33:14,720 --> 00:33:15,720
 say something else.

534
00:33:15,720 --> 00:33:21,320
 There are, you know, I have success in just like going in the search bar and putting in

535
00:33:21,320 --> 00:33:26,480
 the project number, but it is challenging.

536
00:33:26,480 --> 00:33:30,960
 But we do have a new feature that I'm going to highlight at the end of this, which is

537
00:33:30,960 --> 00:33:36,560
 something that our citizens can opt into to get additional notifications.

538
00:33:36,560 --> 00:33:44,840
 So it can be somewhat difficult to find, though.

539
00:33:44,840 --> 00:33:47,340
 So now let's get to, so we've gone over state law.

540
00:33:47,340 --> 00:33:49,520
 It just has those two notifications.

541
00:33:49,520 --> 00:33:54,760
 The city of Denton goes above and beyond that, so let's talk further about that.

542
00:33:54,760 --> 00:33:58,800
 In subchapter two, we have table 2.2-A.

543
00:33:58,800 --> 00:34:03,040
 We looked at this earlier in the presentation, but I just want to dive a little bit deeper

544
00:34:03,040 --> 00:34:04,040
 in this.

545
00:34:04,040 --> 00:34:07,280
 It's got the items that require public notification.

546
00:34:07,280 --> 00:34:12,400
 That's that comp plan amendment, those zoning amendments, specific use permit, and then

547
00:34:12,400 --> 00:34:17,960
 alternative ESA plan, and then what public notices are required for each of those.

548
00:34:17,960 --> 00:34:24,120
 And really, all of them require the online, the mailed, the published, which is the newspaper

549
00:34:24,120 --> 00:34:28,600
 notice, and then the posted sign, except for that DDC text amendment.

550
00:34:28,600 --> 00:34:31,240
 And that makes sense because that isn't property specific.

551
00:34:31,240 --> 00:34:35,280
 It is specific to the rules of the road for the entire city.

552
00:34:35,280 --> 00:34:40,120
 So really, we just have that online and then the published when we're talking about that

553
00:34:40,120 --> 00:34:41,120
 notification.

554
00:34:41,120 --> 00:34:48,980
 I believe we also send out a notification per city council's request to push notification

555
00:34:48,980 --> 00:34:58,320
 from our application system just to let the development community know what those changes

556
00:34:58,320 --> 00:35:06,240
 are, so we don't catch them by surprise for any DDC text amendments.

557
00:35:06,240 --> 00:35:09,920
 Subchapter two goes further regarding public notification.

558
00:35:09,920 --> 00:35:15,120
 We have the public notice requirements in terms of scheduling those public notices,

559
00:35:15,120 --> 00:35:20,560
 and just references once again that table that we just went over that within the application

560
00:35:20,560 --> 00:35:25,240
 received, it would need to follow those public notification requirements.

561
00:35:25,240 --> 00:35:31,240
 C, I just want to point out, constructive notice.

562
00:35:31,240 --> 00:35:38,480
 Nothing strikes fear in the heart of a planner like an error in your public notification.

563
00:35:38,480 --> 00:35:41,000
 It wakes you up in the middle of the night in a cold sweat.

564
00:35:41,000 --> 00:35:42,000
 Did I send that notice?

565
00:35:42,000 --> 00:35:44,380
 Did I make a mistake in that notice?

566
00:35:44,380 --> 00:35:47,420
 So nothing will strike fear.

567
00:35:47,420 --> 00:35:53,240
 Maybe we should dress up for that as Halloween because it is very scary.

568
00:35:53,240 --> 00:35:59,000
 But we do have a provision in the DDC regarding minor defects, and it wouldn't necessarily

569
00:35:59,000 --> 00:36:05,520
 impair the notice if there was something like a grammatical error or a spelling error.

570
00:36:05,520 --> 00:36:14,040
 If we did make a mistake in the time and place and date of the meeting, that's where you

571
00:36:14,040 --> 00:36:17,080
 would really have a serious notification error.

572
00:36:17,080 --> 00:36:22,240
 You'd have to redo it.

573
00:36:22,240 --> 00:36:26,720
 And then failure, the DDC also talks about failure to receive notice.

574
00:36:26,720 --> 00:36:28,520
 We've kind of heard it before.

575
00:36:28,520 --> 00:36:33,480
 Somebody comes to public hearing and says, "I didn't get the notice."

576
00:36:33,480 --> 00:36:40,720
 Having that notice is that city responsibility.

577
00:36:40,720 --> 00:36:44,680
 Sometimes maybe that letter wasn't received.

578
00:36:44,680 --> 00:36:47,080
 Maybe they didn't see it in their mailbox.

579
00:36:47,080 --> 00:36:52,160
 That would not invalidate that notification if they didn't physically receive that notice

580
00:36:52,160 --> 00:36:55,400
 as long as it was mailed.

581
00:36:55,400 --> 00:37:02,000
 And then this comes up from time to time where during the discussion at a public hearing,

582
00:37:02,000 --> 00:37:09,240
 there is maybe a change in that project that we see, and we talk about it, and I know Hillary

583
00:37:09,240 --> 00:37:13,000
 jumps in in that, where do we need to re-notice?

584
00:37:13,000 --> 00:37:15,520
 The city of Denton is not...

585
00:37:15,520 --> 00:37:18,220
 Our zoning districts are set up that they...

586
00:37:18,220 --> 00:37:22,800
 There isn't always a very clear progression in intensity.

587
00:37:22,800 --> 00:37:29,800
 We have a lot of mixed-use districts that could be challenging to determine whether

588
00:37:29,800 --> 00:37:36,800
 or not that there is a change in intensity requiring a new notification.

589
00:37:36,800 --> 00:37:41,780
 I think we've been pretty conservative on the approach to say if a change is warranted

590
00:37:41,780 --> 00:37:46,560
 in that request, that we require a re-notification.

591
00:37:46,560 --> 00:37:53,000
 So I think we'll continue to struggle with that at public hearings, and it really is

592
00:37:53,000 --> 00:37:57,420
 related to the nature of our zoning districts.

593
00:37:57,420 --> 00:38:01,520
 So here is the menu of the items that we send out.

594
00:38:01,520 --> 00:38:08,720
 I know we talked about them earlier in the presentation, but here we have the notices

595
00:38:08,720 --> 00:38:10,440
 that are posted by the applicant.

596
00:38:10,440 --> 00:38:19,720
 So here are the signs, here are the website notices, the postcard for the 500-foot boundary,

597
00:38:19,720 --> 00:38:27,900
 the newspaper that gets published in the paper here, and then we have that 200-foot letter.

598
00:38:27,900 --> 00:38:30,800
 We try to give more information in that 200-foot letter.

599
00:38:30,800 --> 00:38:33,400
 If it's an SUP, we include a site plan.

600
00:38:33,400 --> 00:38:35,920
 If it's a PD, we include a site plan.

601
00:38:35,920 --> 00:38:40,600
 We always, in all of our notices, except for the sign, provide that map to give them kind

602
00:38:40,600 --> 00:38:43,100
 of an idea where the project is going to be.

603
00:38:43,100 --> 00:38:45,040
 We always have that contact information.

604
00:38:45,040 --> 00:38:47,640
 We want to make sure that they can contact us.

605
00:38:47,640 --> 00:38:52,600
 And then for that 200-foot notice, we have that response letter, and that's where they

606
00:38:52,600 --> 00:38:57,560
 can either mail it in, they can email it, or they can fax it in.

607
00:38:57,560 --> 00:38:59,760
 We also have an e-comment.

608
00:38:59,760 --> 00:39:07,320
 This kind of grew out of COVID, I think, that any applicant who wants to can provide that

609
00:39:07,320 --> 00:39:14,080
 e-comment to your meetings, and I know that's something that comes in quite frequently.

610
00:39:14,080 --> 00:39:18,600
 And then finally, we have a new item.

611
00:39:18,600 --> 00:39:25,120
 It is a development, a project information, and that is where they can sign up for push

612
00:39:25,120 --> 00:39:28,760
 notifications when a project comes in.

613
00:39:28,760 --> 00:39:31,320
 This launched in August of last year.

614
00:39:31,320 --> 00:39:37,600
 Thus far, we've had 102 individuals sign up for this, and they provide their name, their

615
00:39:37,600 --> 00:39:43,600
 address, or I'm sorry, their email address, and then where they want to get the notification.

616
00:39:43,600 --> 00:39:46,120
 So there's a boundary that they can choose.

617
00:39:46,120 --> 00:39:52,520
 So maybe they ask for a half a mile from where they live, or a mile from where they work,

618
00:39:52,520 --> 00:39:58,100
 or I think the majority of those who have signed up have placed a pin in the middle

619
00:39:58,100 --> 00:40:01,220
 of the city of Denton and said, "We want five miles from there," which would essentially

620
00:40:01,220 --> 00:40:06,500
 capture most of the city, if not all.

621
00:40:06,500 --> 00:40:11,180
 So that is an opportunity for our citizens to find out what's going on within the city

622
00:40:11,180 --> 00:40:12,780
 of Denton.

623
00:40:12,780 --> 00:40:14,160
 So that concludes the presentation.

624
00:40:14,160 --> 00:40:18,320
 I don't know if it answered your question, but we could certainly talk about that and

625
00:40:18,320 --> 00:40:23,120
 might have Hillary or Haley jump in on the discussion, and I'll be happy to answer any

626
00:40:23,120 --> 00:40:24,120
 questions.

627
00:40:24,120 --> 00:40:25,120
 >> Commissioner McDade.

628
00:40:25,120 --> 00:40:26,120
 >> Thank you, Madam Chair.

629
00:40:26,120 --> 00:40:34,000
 I just have a question about the 200 and 500 feet buffers.

630
00:40:34,000 --> 00:40:35,000
 >> Sure.

631
00:40:35,000 --> 00:40:45,480
 >> I know if it's already by right, I mean, they really don't have to send out anything

632
00:40:45,480 --> 00:40:47,520
 about the property, correct?

633
00:40:47,520 --> 00:40:48,520
 >> Correct.

634
00:40:48,520 --> 00:40:53,080
 It would only be those project types that are shown here, and that's really that zoning

635
00:40:53,080 --> 00:40:54,080
 action.

636
00:40:54,080 --> 00:40:55,080
 >> Right, right, right.

637
00:40:55,080 --> 00:40:59,520
 Yeah, because I know if it's by right, but I've always felt like if you're going to come

638
00:40:59,520 --> 00:41:04,560
 into a neighborhood and you want to be a good neighbor, that's just nothing like seeing

639
00:41:04,560 --> 00:41:08,840
 something built in the neighborhood and you have no idea what's being done.

640
00:41:08,840 --> 00:41:14,200
 So I didn't know if the applicant, it's up to his discretion whether he wants to send

641
00:41:14,200 --> 00:41:19,360
 something out or, I mean, he's not forced to, but just speaking, you know, it's nothing

642
00:41:19,360 --> 00:41:21,680
 like I don't know what's going on over there.

643
00:41:21,680 --> 00:41:25,840
 And then to be told, well, it's already zoned for what I want.

644
00:41:25,840 --> 00:41:28,040
 So I didn't feel that need.

645
00:41:28,040 --> 00:41:30,600
 >> It is at the discretion of the applicant.

646
00:41:30,600 --> 00:41:31,600
 Yes, sir.

647
00:41:31,600 --> 00:41:35,760
 >> Excellent, thank you.

648
00:41:35,760 --> 00:41:36,760
 >> More questions for Julie?

649
00:41:36,760 --> 00:41:37,760
 Commissioner Smith.

650
00:41:37,760 --> 00:41:38,760
 >> Hey, Chair.

651
00:41:38,760 --> 00:41:43,920
 The ETJ issue, I know some guys on DCRC, they'll have a conversation down there about that.

652
00:41:43,920 --> 00:41:46,600
 So we'll just move on from that conversation.

653
00:41:46,600 --> 00:41:52,100
 I waited three years for it and I said we'll talk about it some other time.

654
00:41:52,100 --> 00:41:58,600
 The only thing I was going to say is that 102 have signed up since August 2022 for that.

655
00:41:58,600 --> 00:42:04,640
 I mean, can we put a PSA at the start of every single PNZ meeting and invite all these very

656
00:42:04,640 --> 00:42:10,320
 concerned and interested citizens to come in there and know, hey, you're here.

657
00:42:10,320 --> 00:42:16,300
 Because, I mean, we're not blasting out on Facebook or advertising it out there on city

658
00:42:16,300 --> 00:42:21,400
 website other than that, like, you can go to the link, but, I mean, I'm sure 102 since

659
00:42:21,400 --> 00:42:28,020
 August 2022 isn't maybe exactly the number that we would expect there to be enrolled

660
00:42:28,020 --> 00:42:29,320
 in those push notifications.

661
00:42:29,320 --> 00:42:34,600
 So something we could do as a commission that might be helpful would be thank you for showing

662
00:42:34,600 --> 00:42:35,600
 up.

663
00:42:35,600 --> 00:42:39,160
 By the way, if you want to sign up on there, I don't know, just throwing that idea out

664
00:42:39,160 --> 00:42:41,200
 there is like throw that PSA out there.

665
00:42:41,200 --> 00:42:44,720
 I mean, you know how the city council's got their fancy little don't cuss at us and don't

666
00:42:44,720 --> 00:42:46,760
 throw stuff at us video at the very beginning?

667
00:42:46,760 --> 00:42:47,760
 That could be the PNZ.

668
00:42:47,760 --> 00:42:52,940
 So it'll be Margie's face and she can, you know, whenever, if you ever want to know more

669
00:42:52,940 --> 00:42:57,340
 about what's happening in your planning and zoning areas, sign up online at this website.

670
00:42:57,340 --> 00:43:02,440
 So I don't know what marketing has been done for that, but 102 since August 2022 is not

671
00:43:02,440 --> 00:43:03,440
 very good.

672
00:43:03,440 --> 00:43:07,600
 Well, if I might, I don't know that that's easy to find either.

673
00:43:07,600 --> 00:43:13,220
 Like I'm on the site here and I think, like, I don't know, I mean, I'm on development

674
00:43:13,220 --> 00:43:19,180
 services, which most citizens wouldn't necessarily even know to click on that department.

675
00:43:19,180 --> 00:43:24,840
 But also it should at least be on that page and I don't even see it there, the opt in.

676
00:43:24,840 --> 00:43:32,720
 And so maybe, yeah, we do need certainly to make it easier, I mean, I can bring that up

677
00:43:32,720 --> 00:43:40,960
 on our matrix and we can address it there if that's because between that and even where

678
00:43:40,960 --> 00:43:45,320
 development notices, that honestly should be on the front page of our website.

679
00:43:45,320 --> 00:43:51,160
 You should not have to go to departments, click on development services to look at notices.

680
00:43:51,160 --> 00:43:53,840
 Personally, I just think we can make it easier.

681
00:43:53,840 --> 00:44:02,280
 We've got the buttons on the bottom of the home page for public hearings or public meetings,

682
00:44:02,280 --> 00:44:03,760
 I'm sorry.

683
00:44:03,760 --> 00:44:10,680
 I don't see why we couldn't just add, you know, public notifications and have that button

684
00:44:10,680 --> 00:44:12,740
 down there or something like that.

685
00:44:12,740 --> 00:44:17,080
 And then it could jump to development services just with that button on the front page, you

686
00:44:17,080 --> 00:44:21,780
 know, versus going and clicking here and then here and then getting it.

687
00:44:21,780 --> 00:44:30,440
 We can definitely make that request or just, you know, just to make it, you know, it's

688
00:44:30,440 --> 00:44:34,920
 great that we've got them out there, but we want to, I mean, we don't want people to have

689
00:44:34,920 --> 00:44:35,920
 to.

690
00:44:35,920 --> 00:44:39,440
 Even after e-comment, sorry, even after the e-comment, because I think I remember when

691
00:44:39,440 --> 00:44:45,560
 you fill out an e-comment, you get a confirmation email back that says, I believe so, I've done

692
00:44:45,560 --> 00:44:46,560
 more than a couple of them.

693
00:44:46,560 --> 00:44:51,220
 It's just like your e-comment has been submitted, like just, there's got to be some simpler

694
00:44:51,220 --> 00:44:55,040
 ways we can go in there and say like, thank you for submitting your e-comment.

695
00:44:55,040 --> 00:44:57,960
 By the way, if you want to know about new projects that come up in your area, feel free

696
00:44:57,960 --> 00:44:58,960
 to sign up.

697
00:44:58,960 --> 00:45:00,200
 Boom, here, that kind of stuff.

698
00:45:00,200 --> 00:45:01,200
 Yeah, sure.

699
00:45:01,200 --> 00:45:05,760
 And it's not just pushing, I know it's just pushing development stuff, but it's also pushing

700
00:45:05,760 --> 00:45:09,720
 whenever there's notifications coming out from city councils, you kind of cover it too, right?

701
00:45:09,720 --> 00:45:13,120
 So it's development, PNZ and the city council.

702
00:45:13,120 --> 00:45:16,280
 So it's pushing out those notifications that would normally come out.

703
00:45:16,280 --> 00:45:17,280
 So everyone always knows.

704
00:45:17,280 --> 00:45:22,200
 So I'm sure there's going to be people who are going to sign up who are very, very zealous

705
00:45:22,200 --> 00:45:28,400
 about being in the tune with what's going on within Denton, and then very quickly realizing

706
00:45:28,400 --> 00:45:32,120
 that setting a pen in the middle of the city and having a five mile radius of being notified,

707
00:45:32,120 --> 00:45:38,360
 they're going to be annoyed like crazy, but at the same time, it's like, we hear this

708
00:45:38,360 --> 00:45:43,320
 whole conversation started out of the fact of hearing from citizens of, I didn't feel

709
00:45:43,320 --> 00:45:45,000
 like I was notified.

710
00:45:45,000 --> 00:45:46,000
 Okay.

711
00:45:46,000 --> 00:45:50,320
 We can't control whether you read your mail or not, but we can control access to information

712
00:45:50,320 --> 00:45:51,320
 to a degree.

713
00:45:51,320 --> 00:45:52,960
 And so this just seems like something we talk about.

714
00:45:52,960 --> 00:45:56,320
 I know we're going to put on the matrix, but I think after all the conversation we're

715
00:45:56,320 --> 00:46:00,600
 going to have tonight, that having this conversation, matrix time is probably not going to be my

716
00:46:00,600 --> 00:46:02,240
 most enjoyable thing to do.

717
00:46:02,240 --> 00:46:03,240
 I understand.

718
00:46:03,240 --> 00:46:04,240
 That's good.

719
00:46:04,240 --> 00:46:05,240
 Yeah.

720
00:46:05,240 --> 00:46:07,680
 And again, I think, you know, we can't force people to be involved, but we sure could make

721
00:46:07,680 --> 00:46:12,240
 the access a little bit easier for them where they don't have to go searching for the information

722
00:46:12,240 --> 00:46:13,760
 that we're putting out there.

723
00:46:13,760 --> 00:46:18,920
 So I think any improvements we can do to that is helpful in that regard.

724
00:46:18,920 --> 00:46:19,920
 Yeah.

725
00:46:19,920 --> 00:46:21,680
 As I say, no need to mention it at matrix time.

726
00:46:21,680 --> 00:46:26,880
 We've made note of the issue, and we can certainly work with our web design team on that.

727
00:46:26,880 --> 00:46:31,440
 I know they've recently helped us make things like our applications and checklist more readily

728
00:46:31,440 --> 00:46:35,840
 available and visible on our development services page, so we can work to make sure that these

729
00:46:35,840 --> 00:46:40,120
 are put out there in as many places as possible to let people know that you can go get notices

730
00:46:40,120 --> 00:46:41,120
 here.

731
00:46:41,120 --> 00:46:42,120
 Absolutely.

732
00:46:42,120 --> 00:46:43,120
 Yeah, it's great feedback.

733
00:46:43,120 --> 00:46:44,120
 It's been lost.

734
00:46:44,120 --> 00:46:45,960
 And you know, we all are on it all the time.

735
00:46:45,960 --> 00:46:46,960
 You all are on it.

736
00:46:46,960 --> 00:46:50,160
 You know, we know exactly where to go, and we click, click, click, click, click, and we

737
00:46:50,160 --> 00:46:54,920
 know the person, the departments, all of that, but in the greater scheme of things, and to

738
00:46:54,920 --> 00:47:00,640
 Commissioner Smith's point, when you think about, like, we have very -- we do have very

739
00:47:00,640 --> 00:47:05,000
 involved citizens in our public hearings, and the fact that only 102 signed up since

740
00:47:05,000 --> 00:47:08,240
 then is saying we're missing something with regard to that.

741
00:47:08,240 --> 00:47:11,160
 When they show up and talk to us, they sound like they're going to disrupt our city council.

742
00:47:11,160 --> 00:47:16,180
 I know, they don't always do that, but, you know, if they can sign up right then and there

743
00:47:16,180 --> 00:47:21,880
 and they can be notified, then, I mean, it's almost, to me, it's kind of like you talk

744
00:47:21,880 --> 00:47:23,400
 the talk, let's see if you can walk the walk.

745
00:47:23,400 --> 00:47:25,160
 You want to get notified, get notified.

746
00:47:25,160 --> 00:47:28,860
 And I'm probably inviting for everybody who doesn't have a term limit ending in September

747
00:47:28,860 --> 00:47:33,600
 to have a whole lot more public hearing attendees, but you know what, that's -- so you signed

748
00:47:33,600 --> 00:47:34,600
 up for it, buddy.

749
00:47:34,600 --> 00:47:35,600
 It's on you.

750
00:47:35,600 --> 00:47:39,200
 Yeah, no, great feedback, and there's got to be some turnkey solution we can come up

751
00:47:39,200 --> 00:47:40,200
 with.

752
00:47:40,200 --> 00:47:42,120
 And we will definitely continue on that.

753
00:47:42,120 --> 00:47:48,000
 Yeah, and I think on this -- I'm sorry, Commissioner Pritz, just on the whole thing, you know,

754
00:47:48,000 --> 00:47:50,360
 this is never going to be 100% perfect, right?

755
00:47:50,360 --> 00:47:55,760
 It just isn't, because you can't force people to look at things, you know, so I think we

756
00:47:55,760 --> 00:48:01,960
 have done a great job from -- in making it better from what I remember at the beginning,

757
00:48:01,960 --> 00:48:05,280
 even what things look like and those teeny little signs that we used to have on the property

758
00:48:05,280 --> 00:48:09,840
 that were like you had to stop your car and park just to read them, you know, so all of

759
00:48:09,840 --> 00:48:15,800
 these are -- yeah, that's why this continued discussion, and if there is a way to fix the

760
00:48:15,800 --> 00:48:22,040
 ETJ problem, I don't know if there is because they don't have the voice, technically.

761
00:48:22,040 --> 00:48:26,680
 I guess we're just going to have to continue to have discussions and see if there is any

762
00:48:26,680 --> 00:48:31,600
 kind of way to make that a little bit better, but they can certainly opt in.

763
00:48:31,600 --> 00:48:35,480
 They don't have to live in the city to opt in to notices, so, yeah.

764
00:48:35,480 --> 00:48:36,480
 Okay.

765
00:48:36,480 --> 00:48:37,480
 Commissioner Pruitt.

766
00:48:37,480 --> 00:48:38,480
 Thank you.

767
00:48:38,480 --> 00:48:46,480
 So, I don't want to belabor the point, but just a couple of ideas as you're thinking

768
00:48:46,480 --> 00:48:48,720
 through how to make this effective.

769
00:48:48,720 --> 00:48:55,120
 In my mind, the difference between the obvious notifications that we do and the opt-in stuff

770
00:48:55,120 --> 00:49:01,400
 in order to -- or rather the goal behind having the opt-in system to get more people involved

771
00:49:01,400 --> 00:49:06,960
 is to hear from a broader cross-section of the residents that we have.

772
00:49:06,960 --> 00:49:15,960
 And so, the goal there seems like we should try to let people know who are not in the

773
00:49:15,960 --> 00:49:17,420
 200-foot boundary, right?

774
00:49:17,420 --> 00:49:21,760
 And it's not saying that we need to broaden the scope for everything, but maybe start

775
00:49:21,760 --> 00:49:27,440
 thinking of general public relations things that the city does, like the state of the

776
00:49:27,440 --> 00:49:28,440
 city event.

777
00:49:28,440 --> 00:49:32,160
 Like, could we set up a computer there that says, "Here, sign up right here," right?

778
00:49:32,160 --> 00:49:37,640
 Like, if there's, you know, City of Denton booths at Jazz Fest, like stuff like that,

779
00:49:37,640 --> 00:49:38,640
 right?

780
00:49:38,640 --> 00:49:45,040
 Just to try to get in front of people who don't know where City Hall is, essentially,

781
00:49:45,040 --> 00:49:46,040
 right?

782
00:49:46,040 --> 00:49:48,160
 Yeah, this is -- yeah, absolutely.

783
00:49:48,160 --> 00:49:49,160
 Greg?

784
00:49:49,160 --> 00:49:50,160
 Awesome, Neil.

785
00:49:50,160 --> 00:49:51,160
 Commissioner Smith.

786
00:49:51,160 --> 00:49:56,720
 I did have one thing on the ETJ that I wanted to bring up because I don't think we're going

787
00:49:56,720 --> 00:50:01,300
 to get to it in DCRC for a while, but Hillary.

788
00:50:01,300 --> 00:50:09,960
 Is there a liability issue when a non-citizen is notified and files a protest against, but

789
00:50:09,960 --> 00:50:16,240
 therefore, it's not counted into the 200-foot rule if their property is within 200 feet

790
00:50:16,240 --> 00:50:17,640
 but they're in the ETJ?

791
00:50:17,640 --> 00:50:18,640
 I ask it that way.

792
00:50:18,640 --> 00:50:19,640
 I know.

793
00:50:19,640 --> 00:50:20,640
 I know.

794
00:50:20,640 --> 00:50:25,160
 I ask it that way because we, as of now, the way I've always seen this ETJ notification

795
00:50:25,160 --> 00:50:31,680
 issue as well, to stick you with it, and if we notify them in the ETJ, they don't count

796
00:50:31,680 --> 00:50:37,160
 towards the property deal, okay, we take plenty of protests from people who don't live in

797
00:50:37,160 --> 00:50:38,160
 the 200-foot.

798
00:50:38,160 --> 00:50:42,360
 We get protests from people who live in the 500-foot, right, and those don't count towards

799
00:50:42,360 --> 00:50:43,880
 the property deal.

800
00:50:43,880 --> 00:50:52,400
 So is there specifically a liability for them being in the 200 that us prompting response

801
00:50:52,400 --> 00:50:54,760
 back opens up the city?

802
00:50:54,760 --> 00:50:59,160
 And that's the reason why it is a sticky wicket because if there's not a legal issue within

803
00:50:59,160 --> 00:51:04,480
 that, then I don't necessarily see the sticky wicket part of it because we already tell

804
00:51:04,480 --> 00:51:06,840
 people now, "Thank you for your input."

805
00:51:06,840 --> 00:51:11,520
 Ultimately, it doesn't matter in the sense of, I shouldn't say it that way, it also doesn't

806
00:51:11,520 --> 00:51:16,200
 matter in the same way that somebody who lives within 200 feet does.

807
00:51:16,200 --> 00:51:17,880
 So I don't know if that question makes sense.

808
00:51:17,880 --> 00:51:19,520
 I said a lot there.

809
00:51:19,520 --> 00:51:20,520
 I think it does.

810
00:51:20,520 --> 00:51:27,800
 So to briefly recap, if there is an ETJ property within 200 feet of a property that's being

811
00:51:27,800 --> 00:51:34,120
 heard at PNZ, what happens if they receive notification and wanna say something or wanna

812
00:51:34,120 --> 00:51:36,560
 protest and doesn't get counted?

813
00:51:36,560 --> 00:51:42,160
 And specifically, is there a reason why the city from a legal standpoint would sit there

814
00:51:42,160 --> 00:51:48,800
 and say, "No, us soliciting that feedback from that property in the ETJ within the 200-foot

815
00:51:48,800 --> 00:51:55,160
 property, them possibly having the appearance of having some sort of traditional impact

816
00:51:55,160 --> 00:51:56,240
 would be a problem."

817
00:51:56,240 --> 00:51:57,240
 Okay.

818
00:51:57,240 --> 00:52:01,760
 So I'm gonna give you an attorney answer and I'm gonna tell you, it depends.

819
00:52:01,760 --> 00:52:03,440
 Okay, perfect.

820
00:52:03,440 --> 00:52:08,280
 I don't think that we have obvious exposure because as Julie went through with the state

821
00:52:08,280 --> 00:52:16,360
 statute, it's municipal properties on the municipal tax roll within 200 feet.

822
00:52:16,360 --> 00:52:22,560
 I would wanna consult with MAC about the appearance question 'cause I think you raised an interesting

823
00:52:22,560 --> 00:52:23,560
 question.

824
00:52:23,560 --> 00:52:27,680
 And I just, I like to talk to MAC before I give risk assessments.

825
00:52:27,680 --> 00:52:29,520
 So that's something I can report back on.

826
00:52:29,520 --> 00:52:30,520
 Yeah.

827
00:52:30,520 --> 00:52:35,280
 It almost, I've been, like I said, I've been dwelling on this for three years and it feels

828
00:52:35,280 --> 00:52:40,360
 like some of the things we could do, like if they are in the ETJ, sending them the 500-foot

829
00:52:40,360 --> 00:52:44,280
 postcard, that kind of stuff, just something that they physically have.

830
00:52:44,280 --> 00:52:50,120
 It doesn't happen very often, I get that, but with the growth that's coming to Denton,

831
00:52:50,120 --> 00:52:53,720
 it's gonna happen more and more as we keep growing.

832
00:52:53,720 --> 00:52:59,580
 And because we can't involuntary annex anymore, that we're just, we're gonna start running

833
00:52:59,580 --> 00:53:05,280
 more and more into specifically properties that are along the ETJ, heck, properties that

834
00:53:05,280 --> 00:53:09,680
 are coming into the ETJ and we're reviewing it in our local agreement, which is not, like

835
00:53:09,680 --> 00:53:12,800
 it'd be a public notice, so maybe it's not the biggest deal in the world, but there's

836
00:53:12,800 --> 00:53:16,600
 these issues we start running into where we're gonna have more and more ETJ residents who

837
00:53:16,600 --> 00:53:21,620
 bring up issues that, I mean, just something, I know they have the sign and they've got

838
00:53:21,620 --> 00:53:25,240
 other things they get to see and they'll have the electronic notice 'cause Margie's gonna

839
00:53:25,240 --> 00:53:30,460
 start campaigning for it, so, but it just seems like it's something that the liability

840
00:53:30,460 --> 00:53:34,640
 issue scares away from something that I think isn't as big of an issue.

841
00:53:34,640 --> 00:53:37,320
 I think that's a good point.

842
00:53:37,320 --> 00:53:40,840
 Hillary, if you do have that discussion, can you maybe get back with us and just kind of

843
00:53:40,840 --> 00:53:45,640
 give us that, that opinion once you and Matt talk through things and.

844
00:53:45,640 --> 00:53:46,640
 Absolutely.

845
00:53:46,640 --> 00:53:52,440
 Hailey, can you put it on the matrix and then I'll just cue us to have that discussion?

846
00:53:52,440 --> 00:53:58,720
 Yeah, because, yeah, I mean, to Commissioner, well, Commissioner Smith's point, if we're

847
00:53:58,720 --> 00:54:06,640
 not gonna get in any trouble or if it's just a matter of it doesn't count, it's not that

848
00:54:06,640 --> 00:54:11,440
 we don't wanna hear their voices 'cause that certainly could matter to how a vote turns

849
00:54:11,440 --> 00:54:16,840
 out or whatnot, but it just wouldn't count for that percentage factor and basically,

850
00:54:16,840 --> 00:54:19,400
 yeah, are we getting in trouble if that's the case?

851
00:54:19,400 --> 00:54:24,240
 Are we giving the wrong impression or whatnot, but that'd be good feedback to get once y'all

852
00:54:24,240 --> 00:54:26,280
 have that discussion.

853
00:54:26,280 --> 00:54:28,800
 Any other questions for Julie?

854
00:54:28,800 --> 00:54:29,800
 Commissioner Cole.

855
00:54:29,800 --> 00:54:30,800
 Thank you, Chair.

856
00:54:30,800 --> 00:54:37,880
 I'd just go back to the people getting noticed by utility.

857
00:54:37,880 --> 00:54:44,120
 The only thing I worry about that is West of 35, people like me in the city limits that

858
00:54:44,120 --> 00:54:56,760
 are co-serve/encore on water well, propane for whatever, they're not gonna, you know.

859
00:54:56,760 --> 00:55:06,360
 I don't think, oh, maybe, I gotta check on that.

860
00:55:06,360 --> 00:55:16,400
 I'm not sure because, well, there's a good reason why, but yeah, so, I mean, I just was

861
00:55:16,400 --> 00:55:17,400
 hitting at that.

862
00:55:17,400 --> 00:55:25,260
 It is a challenging problem because, and we've changed the utility addresses, Haley, maybe

863
00:55:25,260 --> 00:55:32,560
 in 2019, 2018, and I think because the concern was we weren't capturing enough people from

864
00:55:32,560 --> 00:55:37,760
 the mailing address, and so we were looking to see how we could capture as many people

865
00:55:37,760 --> 00:55:44,720
 within that 500-foot boundary as possible to make sure we got renters and not just property

866
00:55:44,720 --> 00:55:45,720
 owners.

867
00:55:45,720 --> 00:55:47,920
 I'm just gonna add, it was really the renters, I believe, was council's main concern.

868
00:55:47,920 --> 00:55:52,920
 They were making sure we capture everyone at the multifamily address, not just sending

869
00:55:52,920 --> 00:55:58,840
 a notice to the property ownership office, basically, and at the end of the day, ultimately,

870
00:55:58,840 --> 00:56:02,680
 extending the notices to the ETJ will be a council policy decision, so if that's the

871
00:56:02,680 --> 00:56:07,400
 direction they wanna go, we pass that expense along to the applicant, so, you know, we might

872
00:56:07,400 --> 00:56:12,560
 get a few complaints in that sense because their mailing bill would go up, but if council

873
00:56:12,560 --> 00:56:19,880
 wants to make that city policy that we extend that notice, then we could certainly do that.

874
00:56:19,880 --> 00:56:27,280
 - And I thought of one more thing. With so many of our communities having HOAs, is there

875
00:56:27,280 --> 00:56:37,840
 possibly a way to send a notification to an HOA, and then they can disseminate it in their

876
00:56:37,840 --> 00:56:44,080
 newsletter or something? And I bring this up because, you know, as we draw that line

877
00:56:44,080 --> 00:56:48,600
 and I realize that in discussions we've had that there's not really a better way to do

878
00:56:48,600 --> 00:56:58,420
 it than the way we do it, but when we had a public meeting for, I think it was a zoning

879
00:56:58,420 --> 00:57:05,600
 change, in front of the preserve, right, and you drew that, and what, two streets in that

880
00:57:05,600 --> 00:57:11,320
 massive development got notifications, and again, I know they passed the sign and whatnot,

881
00:57:11,320 --> 00:57:14,720
 but you know, not everybody pays attention to that kind of thing. You know, that would

882
00:57:14,720 --> 00:57:19,800
 have been an ideal situation where if the HOA gets it, then they can put it out, then

883
00:57:19,800 --> 00:57:25,400
 it's up to the residents then to read their HOA stuff, but are, so, is that a thing?

884
00:57:25,400 --> 00:57:29,520
 - I think we notify the HOAs, don't we, if they have an organized HOA?

885
00:57:29,520 --> 00:57:35,680
 - Yes, so, I guess twofold. If an HOA owns property that falls within one of our radiuses,

886
00:57:35,680 --> 00:57:39,520
 then they will receive the notice. It goes to whatever address they've registered with

887
00:57:39,520 --> 00:57:45,080
 DCAD, but with the city does have a list of HOAs that have essentially made themselves

888
00:57:45,080 --> 00:57:48,440
 known to us and sent in information to say this is how to get in contact with us, this

889
00:57:48,440 --> 00:57:53,680
 is our current president, and so for those that we have that are basically registered

890
00:57:53,680 --> 00:57:57,960
 with the city in some sense, our GIS team has that list and they have those mapped,

891
00:57:57,960 --> 00:58:03,320
 and so if we have a notice going out to properties within a HOA that we have identified, then

892
00:58:03,320 --> 00:58:05,320
 we send them a notice as well and add them to the list.

893
00:58:05,320 --> 00:58:07,080
 - Okay, so we're already doing that, okay.

894
00:58:07,080 --> 00:58:10,760
 - To the best of our ability. I'm sure there's HOAs out there that we don't have records

895
00:58:10,760 --> 00:58:12,560
 of or contact information for.

896
00:58:12,560 --> 00:58:16,480
 - Well, if we're, okay, if we're just relying on a list, I mean, are we doing anything?

897
00:58:16,480 --> 00:58:22,120
 It's not that hard to, like in that situation that I gave, I mean, if you don't have them

898
00:58:22,120 --> 00:58:25,620
 on the list, then they probably didn't get it.

899
00:58:25,620 --> 00:58:30,680
 - I'm not sure how, I know we've tried to update the list in the last few years. Essentially,

900
00:58:30,680 --> 00:58:34,120
 the issue we have is a lot of the HOAs have management companies and we don't have direct

901
00:58:34,120 --> 00:58:38,120
 contact information for them, so that's where we rely on them to inform us that, hey, we're

902
00:58:38,120 --> 00:58:41,120
 an organized HOA and we want to be kept informed of things, so.

903
00:58:41,120 --> 00:58:42,960
 - Okay, understood, thank you.

904
00:58:42,960 --> 00:58:45,240
 - Anything else? Commissioner Pruitt?

905
00:58:45,240 --> 00:58:51,800
 - Thank you, Chair. That brings up an interesting question. I'm scanning this to make sure the

906
00:58:51,800 --> 00:59:00,480
 answer isn't already there. In the case when the ownership of a property within the 200-foot

907
00:59:00,480 --> 00:59:09,720
 boundary is an illegal entity as opposed to a person, how does, like an HOA, but it could

908
00:59:09,720 --> 00:59:19,060
 be a multi-member LLC or whatever, right? How do we accept a protest from an entity,

909
00:59:19,060 --> 00:59:21,160
 or has that ever come up?

910
00:59:21,160 --> 00:59:28,880
 - It has come up. Well, first of all, we do send those letters to whomever gets the tax

911
00:59:28,880 --> 00:59:34,040
 bill, right? So that's how they get it. So if it's in an LLC, it generally goes to, sometimes

912
00:59:34,040 --> 00:59:42,200
 it's a PO box. We often send those property owner letters, then that actual physical address.

913
00:59:42,200 --> 00:59:49,880
 But we have, in those times, it doesn't happen very often, but we have received letters from

914
00:59:49,880 --> 00:59:59,360
 entities that maybe are an LLC, and we try to marry that information with maybe who we

915
00:59:59,360 --> 01:00:06,000
 can try to determine who's in charge. So it's not always perfect, but we do try to look

916
01:00:06,000 --> 01:00:12,740
 at that. It's come up once in the last 10 years for me, so it hasn't been something

917
01:00:12,740 --> 01:00:16,840
 that happens very often. Hillary, did I do okay on that?

918
01:00:16,840 --> 01:00:17,840
 - You did great.

919
01:00:17,840 --> 01:00:18,840
 - Okay.

920
01:00:18,840 --> 01:00:19,840
 - Well, it's been 10 years.

921
01:00:19,840 --> 01:00:20,840
 - It's been 10 years.

922
01:00:20,840 --> 01:00:29,080
 - Anything else? Awesome discussion, you all. Julie, thank you.

923
01:00:29,080 --> 01:00:35,400
 - Yeah, so we'll continue to work on all of these items, and we'll continue to make it

924
01:00:35,400 --> 01:00:36,400
 better every time.

925
01:00:36,400 --> 01:00:38,400
 - Keep us informed of everything that's been updated. That would be great. Commissioner

926
01:00:38,400 --> 01:00:41,400
 Smith, thank you for putting it on The Matrix.

927
01:00:41,400 --> 01:00:43,880
 - Thank you for your stuff.

928
01:00:43,880 --> 01:00:49,080
 - All right, with that, that ends our work session, so I will close us at 6.01 p.m.,

929
01:00:49,080 --> 01:00:57,160
 and we'll see you in council chambers at 6.30.

930
01:00:57,160 --> 01:01:00,200
 - Good evening, and welcome to the City of Denton's Planning and Zoning Commission meeting

931
01:01:00,200 --> 01:01:08,980
 for Wednesday, March 15th, 2023. With a quorum present, I will call us to order at 6.33 p.m.

932
01:01:08,980 --> 01:01:14,200
 Next item on the agenda is the Pledge to the U.S. and Texas Flags.

933
01:01:14,200 --> 01:01:21,200
 - I pledge allegiance to the flag of the United States of America, and to the republic for

934
01:01:21,200 --> 01:01:29,480
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

935
01:01:29,480 --> 01:01:40,960
 - I pledge allegiance to the flag of the United States of America, and to the republic for

936
01:01:40,960 --> 01:01:41,960
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

937
01:01:41,960 --> 01:01:42,960
 - I pledge allegiance to the flag of the United States of America, and to the republic for

938
01:01:42,960 --> 01:01:43,960
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

939
01:01:43,960 --> 01:01:44,960
 - Thank you.

940
01:01:44,960 --> 01:01:50,160
 All right, next on our agenda is the... Consider approval of the PNZ meeting minutes for March

941
01:01:50,160 --> 01:01:53,160
 1st, 2023. Commissioner Smith.

942
01:01:53,160 --> 01:01:54,640
 - Make a motion to approve.

943
01:01:54,640 --> 01:01:55,640
 - Commissioner Cole.

944
01:01:55,640 --> 01:01:56,640
 - Second.

945
01:01:56,640 --> 01:02:04,680
 - Got a first and a second for approval of the minutes for March 1st. Any discussion?

946
01:02:04,680 --> 01:02:13,840
 Let's go ahead and vote on the board, please.

947
01:02:13,840 --> 01:02:20,120
 That motion carries seven, zero. That will move us to our consent agenda this evening.

948
01:02:20,120 --> 01:02:21,120
 Commissioner Smith.

949
01:02:21,120 --> 01:02:23,000
 - Make a motion to approve.

950
01:02:23,000 --> 01:02:24,000
 - Commissioner Anderson.

951
01:02:24,000 --> 01:02:25,000
 - Second.

952
01:02:25,000 --> 01:02:31,320
 - Okay, we've got a first and a second for approval of the consent agenda. Any discussion?

953
01:02:31,320 --> 01:02:39,300
 Let's vote on the board, please.

954
01:02:39,300 --> 01:02:45,120
 That motion carries seven, zero. That will move us to our individual... Items for individual

955
01:02:45,120 --> 01:02:54,240
 consideration. Four A is FP230005. I'll invite Erin up to present this item. Good evening,

956
01:02:54,240 --> 01:02:55,240
 everyone.

957
01:02:55,240 --> 01:03:13,040
 - Okay. Oh. There we go. Okay, this is an extension request for FP230005. This is in

958
01:03:13,040 --> 01:03:20,300
 the North Point edition, phases seven and eight, and it is approximately 18.1 acres

959
01:03:20,300 --> 01:03:26,360
 to establish 63 residential lots. At this time, staff currently recommends denial as

960
01:03:26,360 --> 01:03:32,080
 it has not met all of our criteria for approval, but staff has no objection to the requested

961
01:03:32,080 --> 01:03:36,560
 extension, which could be granted to April 12th, 2023.

962
01:03:36,560 --> 01:03:44,120
 - Great. Thank you, Erin. Any questions for Erin? I do not see any. Commissioner Villarreal.

963
01:03:44,120 --> 01:03:48,720
 - I move approval of the extension request to a date certain of April 12th, 2023.

964
01:03:48,720 --> 01:03:50,600
 - Okay. And Commissioner Britt?

965
01:03:50,600 --> 01:03:51,600
 - Second.

966
01:03:51,600 --> 01:03:54,720
 - Okay. We've got a first and a second for approval of the extension request to a date

967
01:03:54,720 --> 01:04:06,720
 certain of April 12th, 2023. Seeing no discussion, let's go ahead and vote on the board, please.

968
01:04:06,720 --> 01:04:16,140
 That motion will carry seven, zero. That will move us to item four B, ZCP220064. Mia is

969
01:04:16,140 --> 01:04:19,120
 making her way to present this item.

970
01:04:19,120 --> 01:04:27,920
 - Good evening, members of the commission. Mia Hines, associate planner. This item is

971
01:04:27,920 --> 01:04:34,120
 a zoning compliance plan for Razor Ranch Town Center phase one. It's a revised site plan.

972
01:04:34,120 --> 01:04:39,000
 The original or the approved site plan was approved and reviewed by this body in April

973
01:04:39,000 --> 01:04:42,520
 of last year. This is a revised site plan, and I'll sort of go through some of those

974
01:04:42,520 --> 01:04:50,040
 differences with you with this presentation. The site itself is just under 30 acres, 28.75

975
01:04:50,040 --> 01:04:58,520
 acres located at the southeast corner of West University Drive and I-35. As far as the zoning,

976
01:04:58,520 --> 01:05:04,880
 the base zoning for this property is RCCD located within the Razor Ranch Overlay District

977
01:05:04,880 --> 01:05:14,360
 RR1 or Town Center and South RR2 sub-areas. The proposed use of retail is permitted within

978
01:05:14,360 --> 01:05:22,000
 the sub-area. As for Razor Ranch site plans, usually this body is not used to reviewing

979
01:05:22,000 --> 01:05:25,440
 zoning compliance plans. However, because this is in Razor Ranch, that's why this is

980
01:05:25,440 --> 01:05:33,200
 coming up before you. This particular site is subject to ordinance 2016-017, specifically

981
01:05:33,200 --> 01:05:40,600
 Exhibit C1 and D1, and that is what we check their site plan to ensure that they were meeting

982
01:05:40,600 --> 01:05:46,960
 a site plan, landscape plan, and conceptual building elevation requirements. We confirm

983
01:05:46,960 --> 01:05:53,240
 that with those exhibits. Here is the criteria for approval found in

984
01:05:53,240 --> 01:06:00,960
 DDC sub-chapter 35 as it relates to Razor Ranch zoning compliance plans. Just briefly

985
01:06:00,960 --> 01:06:04,720
 going over these, we want to ensure that the site plan substantially complies to the concept

986
01:06:04,720 --> 01:06:08,280
 and schematic plan approved by council. We want to ensure that the site plan provides

987
01:06:08,280 --> 01:06:12,680
 for compatible arrangement of buildings, that the site plan provides for adequate and safe

988
01:06:12,680 --> 01:06:17,880
 circulation and that it fully complies with all other sections of the overlay district.

989
01:06:17,880 --> 01:06:25,840
 So here, and of course in your packet, is the proposed site plan. Initially, the approved

990
01:06:25,840 --> 01:06:33,600
 site plan for Razor Ranch Town Center proposed up to just under 300,000 square feet of retail

991
01:06:33,600 --> 01:06:40,820
 space with just under 1,300 parking spaces. With this new iteration, they are proposing

992
01:06:40,820 --> 01:06:47,180
 a total of just under 320,000 square feet of retail space, and that would up that just

993
01:06:47,180 --> 01:06:53,080
 to over 1,400 parking spaces. Just for a brief overlay, so you can see this side by side

994
01:06:53,080 --> 01:06:58,960
 or one over top of the other, just showing you some of the differences. So what you have

995
01:06:58,960 --> 01:07:03,800
 there in the brown is what's being proposed with this revised site plan. What is in the

996
01:07:03,800 --> 01:07:09,880
 red is what was approved with the previous site plan. So as you can see, there's some

997
01:07:09,880 --> 01:07:16,840
 out parcels there in this center and over to the northeast corner of the site, and those

998
01:07:16,840 --> 01:07:23,120
 are being removed with this revised site plan. Additionally, the buildings there, the larger

999
01:07:23,120 --> 01:07:31,520
 buildings there, are no longer being broken up. So the one to the east was gonna be three

1000
01:07:31,520 --> 01:07:38,680
 different retail spaces, and it's just one large building now, and then the one to the

1001
01:07:38,680 --> 01:07:43,960
 southwest was supposed to be broken up into two, and now they're proposing it to just

1002
01:07:43,960 --> 01:07:49,120
 break that up. I'm sorry, three, and now they're proposing to just break that up into two.

1003
01:07:49,120 --> 01:07:55,560
 So here is the proposed landscape plan, and then the side by side comparison just showing

1004
01:07:55,560 --> 01:08:01,120
 what was approved. Again, what is required is 10% landscape area and 25% minimum tree

1005
01:08:01,120 --> 01:08:07,640
 canopy coverage. They are meeting or exceeding that with this proposed plan. The 29% was

1006
01:08:07,640 --> 01:08:17,200
 referring to the overall, I believe, lot coverage, and then 13% is what it would be within the

1007
01:08:17,200 --> 01:08:22,280
 development impact area. So the overall site does include a little bit of the area to the

1008
01:08:22,280 --> 01:08:29,360
 south, is about just under 55 acres. This site is just about 28. And then again, for

1009
01:08:29,360 --> 01:08:35,280
 a little overlay, so you can see the difference side by side of what they're proposing has

1010
01:08:35,280 --> 01:08:40,160
 that central drive is a little bit more further landscaped, and of course they removed those

1011
01:08:40,160 --> 01:08:47,520
 out parcels to the north, and then this is what was approved with that original site

1012
01:08:47,520 --> 01:08:53,120
 plan. So I didn't include all of the building elevations, but just wanted to sort of highlight

1013
01:08:53,120 --> 01:09:01,040
 a larger or a different feature with this proposed site plan. We did, in order to continue

1014
01:09:01,040 --> 01:09:07,240
 the sort of emphasis on that main north south drive, we had them soften, or they proposed

1015
01:09:07,240 --> 01:09:14,880
 to soften up the interior corners of those larger buildings with some glass and some

1016
01:09:14,880 --> 01:09:21,680
 green walls within that area, and then also furthering that landscape within that main

1017
01:09:21,680 --> 01:09:26,560
 north south drive. And so I wanted to point that out as an additional feature that was

1018
01:09:26,560 --> 01:09:33,400
 not a part of the approved landscape or elevations and site plan. So with that, staff is recommending

1019
01:09:33,400 --> 01:09:38,480
 approval as it does adhere or meet all of the criteria that I discussed earlier, and

1020
01:09:38,480 --> 01:09:42,240
 at this time I will take any questions or comments that you have.

1021
01:09:42,240 --> 01:09:51,560
 Thank you Mia. Any questions for Mia? I do not see any. I do have one card wishing to

1022
01:09:51,560 --> 01:09:57,080
 speak on this individual consideration item, so I will invite Amy Bissett up.

1023
01:09:57,080 --> 01:10:05,000
 Good evening commissioners. Hello, thank you. I have a presentation that I've prepared,

1024
01:10:05,000 --> 01:10:11,640
 but I don't feel the need to actually present it unless you have specific questions where

1025
01:10:11,640 --> 01:10:18,160
 I can pull it up and go into detail for you. But out of respect for the public who is here

1026
01:10:18,160 --> 01:10:27,120
 to speak on another item, I will forgo it unless you need me to make it.

1027
01:10:27,120 --> 01:10:32,840
 The backup material was great in Mia's presentation, and then this verbal presentation. So I think

1028
01:10:32,840 --> 01:10:34,840
 we got our questions answered, but thank you for offering.

1029
01:10:34,840 --> 01:10:39,880
 I do want to introduce Anne Cleter with Fidelity. I'm sorry, Fidelis Realty. She's representing

1030
01:10:39,880 --> 01:10:43,680
 the developer in case you have questions for her as well. So all right, thank you.

1031
01:10:43,680 --> 01:10:50,380
 Thank you so much. Commissioner Smith? Make a motion to approve.

1032
01:10:50,380 --> 01:10:52,960
 Commissioner Anderson? A second.

1033
01:10:52,960 --> 01:11:01,200
 We've got a first and a second for approval. Any discussion? Seeing none, let's go ahead

1034
01:11:01,200 --> 01:11:12,180
 and vote on the board please. That motion carries 7-0. That will move us

1035
01:11:12,180 --> 01:11:19,040
 to 4C, PP 22-0021B. I invite Julie up for presentation on this item.

1036
01:11:19,040 --> 01:11:26,120
 Good evening, Julie Wyatt, Senior Planner with the City of Denton. And I am presenting,

1037
01:11:26,120 --> 01:11:33,760
 here we go, PP 22-0021B. This request is a preliminary plat for a multifamily project

1038
01:11:33,760 --> 01:11:40,160
 that recently received specific use of permit approval from City Council. They still have

1039
01:11:40,160 --> 01:11:44,200
 some items they need to work through on that preliminary plat, so staff is recommending

1040
01:11:44,200 --> 01:11:52,280
 denial. I'll be happy to answer any questions. Any questions for Julie? Yeah, they did receive

1041
01:11:52,280 --> 01:11:54,720
 their extension request as we discussed in work session.

1042
01:11:54,720 --> 01:11:58,120
 Correct, yes. One time only, yes. Okay, very good. Thank

1043
01:11:58,120 --> 01:12:00,880
 you, Julie. Thank you. Commissioner Villarreal?

1044
01:12:00,880 --> 01:12:04,280
 I move denial. Commissioner McDade?

1045
01:12:04,280 --> 01:12:08,280
 A second. Okay, we've got a first and a second to deny

1046
01:12:08,280 --> 01:12:24,120
 this request. Any discussion? Okay, let's go ahead and vote on the board please. That

1047
01:12:24,120 --> 01:12:30,160
 motion carries 7-0. Item 4D has been withdrawn by the applicant, so we will not be hearing

1048
01:12:30,160 --> 01:12:38,880
 that item or taking any action on that item. That will move us to 4E, PP 23-0006. Hello

1049
01:12:38,880 --> 01:12:43,320
 again, Julie. All right, Julie Wyatt. This request is for

1050
01:12:43,320 --> 01:12:50,000
 a commercial lot. It's a preliminary plat at the intersection of Loop 288 and McKinney.

1051
01:12:50,000 --> 01:12:54,960
 They do have some items they still need to work through, so they have requested an extension

1052
01:12:54,960 --> 01:13:00,320
 to the April 12th Planning and Zoning Commission meeting, and staff has no objection to that.

1053
01:13:00,320 --> 01:13:04,640
 I'll be happy to answer any questions. I do not see any questions on the board, Julie.

1054
01:13:04,640 --> 01:13:06,480
 Thank you. Thank you so much. Commissioner Villarreal?

1055
01:13:06,480 --> 01:13:12,280
 I move approval of the extension request to a date certain of April 12th, 2023.

1056
01:13:12,280 --> 01:13:13,280
 Commissioner Cole? Second.

1057
01:13:13,280 --> 01:13:17,440
 We've got a first and a second for approval of the extension request to a date certain

1058
01:13:17,440 --> 01:13:25,440
 of April 12th, 2023. Seeing no one wishing to speak for discussion.

1059
01:13:25,440 --> 01:13:35,600
 Let's go ahead and vote on the board, please. That motion will carry 7-0. That will move

1060
01:13:35,600 --> 01:13:43,560
 us to 4F, PP 22-0031B. Angie is up to present this item.

1061
01:13:43,560 --> 01:13:49,520
 Good evening, everyone. Angie Mingler, Senior Planner Development Services. This is a preliminary

1062
01:13:49,520 --> 01:13:55,680
 plat for Estella Hills. It is a residential subdivision of approximately 326 lots, located

1063
01:13:55,680 --> 01:13:59,920
 on the south side of McKinney Street at the intersection of McKinney and Laney Circle.

1064
01:13:59,920 --> 01:14:04,080
 At this time, the plat does not meet our criteria for approval, and staff is recommending denial.

1065
01:14:04,080 --> 01:14:08,080
 However, we have no objection to an extension that could be granted to a date certain of

1066
01:14:08,080 --> 01:14:11,480
 April 12th, 2023. Happy to answer any questions.

1067
01:14:11,480 --> 01:14:15,780
 All right. Thanks, Angie. I do not see any questions. Thank you so much. Commissioner

1068
01:14:15,780 --> 01:14:21,320
 Anderson? Thank you very much to approve the extension

1069
01:14:21,320 --> 01:14:25,000
 of a date certain of April 12th, 2023. Commissioner Villarreal?

1070
01:14:25,000 --> 01:14:28,280
 Second. We've got a first and a second for approval

1071
01:14:28,280 --> 01:14:36,240
 of the extension request to a date certain of April 12th, 2023. Any discussion?

1072
01:14:36,240 --> 01:14:45,480
 Let's vote on the board, please. That motion carries 7-0. That will take us

1073
01:14:45,480 --> 01:14:54,600
 to our public hearings for this evening, item 5AZ230004. As it's listed on our agenda, staff's

1074
01:14:54,600 --> 01:14:59,280
 requesting this item be postponed to a date certain of April 12th. I'm going to go ahead

1075
01:14:59,280 --> 01:15:04,080
 and open the public hearing. Julie, for the public's sake, did you want to just please

1076
01:15:04,080 --> 01:15:12,040
 give us just a quick summary of what I haven't said yet? Thanks.

1077
01:15:12,040 --> 01:15:18,280
 Be happy to. Excuse me. This is a request of rezoning. I don't have a presentation,

1078
01:15:18,280 --> 01:15:27,640
 but just of about seven acres on Camelot Drive that is located at the northwest intersection

1079
01:15:27,640 --> 01:15:34,360
 of Stewart Road and Hercules. Some of the uses on the property are not consistent with

1080
01:15:34,360 --> 01:15:41,120
 the existing zoning, and so staff was looking to potentially rezone that property from R3

1081
01:15:41,120 --> 01:15:46,120
 to R7. That will come back before you with a full staff analysis in April.

1082
01:15:46,120 --> 01:15:49,480
 I've got R6 on this agenda. Sorry, R6. I'm sorry. I apologize.

1083
01:15:49,480 --> 01:15:53,680
 Just clarify. Yes, I misspoke. R3 to R6. Yes, thank you.

1084
01:15:53,680 --> 01:15:58,120
 Very good. Thanks, Julie. Appreciate that. Commissioner Smith. Make a motion to approve

1085
01:15:58,120 --> 01:16:02,640
 a postponement to date certain of April 12th. Commissioner, approve it.

1086
01:16:02,640 --> 01:16:05,240
 Second. We've got a first and a second to postpone

1087
01:16:05,240 --> 01:16:13,920
 this item to a date certain of April 12th, 2023. Any discussion? Okay. Seeing none, let's

1088
01:16:13,920 --> 01:16:25,280
 vote on the board, please. That motion carries 7-0. That will move us

1089
01:16:25,280 --> 01:16:34,200
 to Public Hearing 5B, PD21-0007. I'll open the public hearing and invite Angie up for

1090
01:16:34,200 --> 01:16:39,200
 a presentation. Hi. Good evening. Angie Mengele, Senior Planner

1091
01:16:39,200 --> 01:16:48,400
 at Development Services. Bear with me. I'm going to switch presentations real quick.

1092
01:16:48,400 --> 01:16:55,440
 This is request PD21-0007. A little bit of background on this request. This is a rezoning

1093
01:16:55,440 --> 01:17:02,440
 request of approximately 20.92 acres at the northeast corner of Loop 288 and FM 428 from

1094
01:17:02,440 --> 01:17:08,200
 suburban corridor to a planned development with a base zoning of mixed use neighborhood.

1095
01:17:08,200 --> 01:17:12,600
 The subject property does have a future land use designation in the 2040 Comprehensive

1096
01:17:12,600 --> 01:17:17,480
 Plan of Community Mixed Use. The site today is predominantly undeveloped to consist of

1097
01:17:17,480 --> 01:17:22,840
 open pasture, has a mature tree canopy throughout the site and a detention pond situated along

1098
01:17:22,840 --> 01:17:29,280
 the southern boundary of the site there. The property is part of a larger 25.48 acre parent

1099
01:17:29,280 --> 01:17:35,600
 tract. You'll notice here on the aerial and on the zoning exhibit, they're leaving 4.5

1100
01:17:35,600 --> 01:17:41,480
 acres of the property out of this zoning request that is to remain SC for future commercial

1101
01:17:41,480 --> 01:17:47,680
 development. The zoning in the area is varied. It consists of existing suburban corridor,

1102
01:17:47,680 --> 01:17:51,440
 residential four and then there's some public facilities in the area as well on the other

1103
01:17:51,440 --> 01:17:58,160
 side of FM 428. A little bit of background on this case. The property is zoned SC suburban

1104
01:17:58,160 --> 01:18:05,260
 corridor which does allow for multifamily development with the approval of an SUP permit.

1105
01:18:05,260 --> 01:18:10,160
 This is a planned development request to facilitate the development of a multifamily project.

1106
01:18:10,160 --> 01:18:14,480
 The reason this is a planned development is the project consists of approximately 52 what

1107
01:18:14,480 --> 01:18:20,360
 we call horizontal multifamily units which are detached units for rent. At the time the

1108
01:18:20,360 --> 01:18:26,840
 application was submitted in November of 2021, the DDC definitions did not capture this horizontal

1109
01:18:26,840 --> 01:18:32,240
 multi-living use that we've seen coming more being requested within the city. There wasn't

1110
01:18:32,240 --> 01:18:36,960
 a use that really captured what they were wanting to do so a planned development was

1111
01:18:36,960 --> 01:18:42,760
 created to define what that meant and to adopt development standards. The DDC has since been

1112
01:18:42,760 --> 01:18:49,720
 amended in the fall of 2022. Horizontal multi-living was worked into our overall definition for

1113
01:18:49,720 --> 01:18:54,320
 multifamily. However, as this project had been through several iterations at that time

1114
01:18:54,320 --> 01:18:58,020
 and there were some deviations from what you could get with straight zoning, staff did

1115
01:18:58,020 --> 01:19:01,480
 determine it was appropriate to move forward with the planned development request rather

1116
01:19:01,480 --> 01:19:06,160
 than have the SUP request. So that's kind of how we got to the planned development and

1117
01:19:06,160 --> 01:19:12,600
 that's why you see this case before you this evening in that way. A little bit more background

1118
01:19:12,600 --> 01:19:17,800
 on the area. The area is at the northeast corner of FM 428 and Loop 288. Just a little

1119
01:19:17,800 --> 01:19:25,280
 bit about the infrastructure in this region. The 2022 mobility plan does show FM 428 as

1120
01:19:25,280 --> 01:19:30,440
 a freeway status. Is it a text dot owned and maintained roadway? Since the adoption of that

1121
01:19:30,440 --> 01:19:35,240
 plan it's been made known to the city by text dot that this is going to remain a primary

1122
01:19:35,240 --> 01:19:40,280
 arterial. It is currently constructed as a two-lane road. There's a sidewalk on the western

1123
01:19:40,280 --> 01:19:46,520
 side of FM 428 and then on Loop 288 that's the southern boundary of the property. It

1124
01:19:46,520 --> 01:19:52,480
 runs east-west. It is also owned by text dot as an existing limited access freeway and

1125
01:19:52,480 --> 01:19:57,120
 is currently constructed as a four-lane divided freeway. Within this development plan and

1126
01:19:57,120 --> 01:20:02,120
 we'll get more into it later along the eastern property line the applicant is proposing to

1127
01:20:02,120 --> 01:20:07,760
 reserve 27 and a half feet for the future construction of a north-south residential

1128
01:20:07,760 --> 01:20:14,800
 street. So a little bit about the development plan. As stated the intent of this PD is to

1129
01:20:14,800 --> 01:20:20,120
 allow for a multifamily development. There are two primary uses that would be permitted

1130
01:20:20,120 --> 01:20:25,400
 as part of that development. One is horizontal multifamily and the other is your traditional

1131
01:20:25,400 --> 01:20:30,280
 mid-rise multifamily apartments. So I've kind of broken this up. You can see here the

1132
01:20:30,280 --> 01:20:33,840
 areas that are in blue is where you would see your horizontal multifamily units. The

1133
01:20:33,840 --> 01:20:38,800
 proposed development plan contemplates 52 of those units. As you move south closer to

1134
01:20:38,800 --> 01:20:45,840
 Loop 288 you see your traditional mid-rise apartment units. There are five buildings

1135
01:20:45,840 --> 01:20:52,920
 fronting along 288 and then moving into the interior of the site. Those total 305 units.

1136
01:20:52,920 --> 01:20:56,360
 Other amenities that you would find on site are typical of multifamily developments. There's

1137
01:20:56,360 --> 01:21:00,540
 a pool and amenity center. There's several small pocket parks that are linked together

1138
01:21:00,540 --> 01:21:06,960
 through an internal trail system. The architectural standards that have been specified in the

1139
01:21:06,960 --> 01:21:11,400
 development standards for the horizontal multi-living component are more similar to what you would

1140
01:21:11,400 --> 01:21:15,400
 see for a single-family development rather than an apartment development. So they're

1141
01:21:15,400 --> 01:21:21,320
 using those architectural standards and site design criteria rather than what straight

1142
01:21:21,320 --> 01:21:25,920
 zoning would call for which would be the multifamily design criteria. Here's the right-of-way

1143
01:21:25,920 --> 01:21:31,520
 reservation we were talking about. This runs north-south. It is 27 and a half feet. It's

1144
01:21:31,520 --> 01:21:36,340
 a reservation for a future residential street should future development in the area ever

1145
01:21:36,340 --> 01:21:42,480
 necessitate that there be additional connectivity provided. So this reserves the half width

1146
01:21:42,480 --> 01:21:47,480
 of our typical residential streets. As the area continues to develop if a TIA warrants

1147
01:21:47,480 --> 01:21:52,200
 that there be additional connectivity we could come back at a later time and do the dedication

1148
01:21:52,200 --> 01:22:00,120
 and the construction of that residential roadway. Just a little bit on the landscape plan.

1149
01:22:00,120 --> 01:22:04,360
 The proposed development for lot one which is where the horizontal multifamily units

1150
01:22:04,360 --> 01:22:09,520
 are is proposing 31 percent total landscape area with 50 percent mature tree canopy once

1151
01:22:09,520 --> 01:22:15,120
 built out and then lot two is showing 36 percent total landscape area with 73 percent mature

1152
01:22:15,120 --> 01:22:21,160
 tree canopy. This meets and exceeds the requirements of MN based zoning which is 20 percent landscaped

1153
01:22:21,160 --> 01:22:25,960
 area and 40 percent tree canopy coverage at build out. There are some on-site amenities

1154
01:22:25,960 --> 01:22:29,840
 throughout the site including a pedestrian trail that would connect individuals from the

1155
01:22:29,840 --> 01:22:36,240
 multifamily units to the on-site amenities including the pool, the dog park and the little

1156
01:22:36,240 --> 01:22:40,000
 pocket parks that they have scattered throughout. You can kind of see them on this plan here.

1157
01:22:40,000 --> 01:22:47,120
 And then along the north and western areas where adjacent to existing or future possible

1158
01:22:47,120 --> 01:22:52,540
 commercial development there's a landscape buffer that's provided there. You see an additional

1159
01:22:52,540 --> 01:23:00,580
 row of trees and buffering that's been provided as part of that landscape plan. A transportation

1160
01:23:00,580 --> 01:23:07,040
 impact analysis was performed for this development and called for three improvements to be made

1161
01:23:07,040 --> 01:23:11,520
 as part of this to accommodate for the traffic that would be generated. One of which is a

1162
01:23:11,520 --> 01:23:16,120
 southbound turn lane that you would find at driveway one. Driveway one is the most northern

1163
01:23:16,120 --> 01:23:22,120
 driveway here and so the southbound turn way would be here along FM 428. Additionally the

1164
01:23:22,120 --> 01:23:27,000
 TIA called for a northbound right hand turn lane desal lane that would be constructed

1165
01:23:27,000 --> 01:23:31,680
 for driveways two and one. Driveway two would lead to what could be the future commercial

1166
01:23:31,680 --> 01:23:39,320
 development would be constructed at this point but its intent is to serve that future commercial

1167
01:23:39,320 --> 01:23:44,280
 development. It's being constructed as part of this overall phase. And then finally driveway

1168
01:23:44,280 --> 01:23:51,280
 three is situated along loop 288 and they're providing a right hand turn lane from loop

1169
01:23:51,280 --> 01:23:58,080
 288 into driveway three which is approximately right about here on the site plan. When reviewing

1170
01:23:58,080 --> 01:24:02,640
 this staff reviews this against our general criteria for approval as well as that of a

1171
01:24:02,640 --> 01:24:06,560
 plan development or criteria for approval for plan developments and we find that this

1172
01:24:06,560 --> 01:24:12,360
 is consistent with both of those sections in the DDC. Specifically it's consistent with

1173
01:24:12,360 --> 01:24:17,480
 the comprehensive plan and the future land use goals as well as it provides a greater

1174
01:24:17,480 --> 01:24:21,640
 level of design quality than what could be achieved with straight zoning. It's compatible

1175
01:24:21,640 --> 01:24:25,840
 with the surrounding development patterns that we're seeing along loop 288 and there

1176
01:24:25,840 --> 01:24:32,680
 are public facilities within the area that are adequate to serve the development. A little

1177
01:24:32,680 --> 01:24:37,320
 bit more about the Denton 2040 comprehensive plan. The future land use does call for this

1178
01:24:37,320 --> 01:24:42,880
 to develop as community mixed use. Community mixed use applies to key corridors in the

1179
01:24:42,880 --> 01:24:47,960
 city and serves as a transitional area from residential to our commercial developments.

1180
01:24:47,960 --> 01:24:53,040
 The residential component should be complementary to the commercial component but is allowed

1181
01:24:53,040 --> 01:24:59,480
 and contemplated within the community mixed use future land use designation. Additionally

1182
01:24:59,480 --> 01:25:04,360
 this development pattern that we're seeing it is consistent with the developments that

1183
01:25:04,360 --> 01:25:09,260
 we've seen along loop 288 with the residential components and the multifamily developments

1184
01:25:09,260 --> 01:25:15,120
 coming in and leaving the out parcels for future commercial development. This pattern

1185
01:25:15,120 --> 01:25:20,400
 is most evident here seen to the south of the loop at this corner where you have the

1186
01:25:20,400 --> 01:25:25,160
 multifamily component and then the out parcels have been left for future commercial development

1187
01:25:25,160 --> 01:25:29,520
 which you're starting to see emerge in these areas here and on that hard corner. And then

1188
01:25:29,520 --> 01:25:34,480
 most recently an apartment complex was approved here for Sherman Crossing leaving these out

1189
01:25:34,480 --> 01:25:42,120
 parcels along loop 288 zoned both MN and SC for future commercial development. The comprehensive

1190
01:25:42,120 --> 01:25:47,440
 plan also recognizes that providing a diverse housing market with a variety of density styles

1191
01:25:47,440 --> 01:25:53,080
 and price points is something that is a goal of the 2040 plan and this plan would meet

1192
01:25:53,080 --> 01:25:57,840
 that in helping to provide those additional housing options in a variety of locations

1193
01:25:57,840 --> 01:26:05,120
 throughout the city. In exhibit one of the packet that went out for you all you do have

1194
01:26:05,120 --> 01:26:09,760
 a detailed list of deviations of what's being requested versus what could be allowed under

1195
01:26:09,760 --> 01:26:13,780
 straight and then zoning I don't think we need to go through all of them but did want

1196
01:26:13,780 --> 01:26:19,800
 to point out a few of the key points one being permitted uses and then has an expansive list

1197
01:26:19,800 --> 01:26:24,040
 of permitted uses that could be allowed by right under that zoning district. As part

1198
01:26:24,040 --> 01:26:30,340
 of this PD the allowed uses are limited to multifamily and horizontal multifamily as

1199
01:26:30,340 --> 01:26:34,680
 well as the accessory uses you would typically see with those developments including an amenity

1200
01:26:34,680 --> 01:26:42,320
 center a leasing center on site resident storage swimming pools but it really limits the amount

1201
01:26:42,320 --> 01:26:47,640
 of uses that could be allowed under this PD should this be approved any deviation from

1202
01:26:47,640 --> 01:26:53,640
 those uses would require a PD amendment similar to this process. And then the multifamily

1203
01:26:53,640 --> 01:27:00,120
 site design under code today if a horizontal multifamily development were to come in they

1204
01:27:00,120 --> 01:27:06,080
 would be subject to our multifamily development site design criteria and architectural standards.

1205
01:27:06,080 --> 01:27:12,480
 This PD spell the architectural requirements and site design would follow the single family

1206
01:27:12,480 --> 01:27:20,760
 development standards for the horizontal multi-living component creating more of a single family

1207
01:27:20,760 --> 01:27:26,820
 style type of development you can see here it kind of shows we're zooming in on the horizontal

1208
01:27:26,820 --> 01:27:32,480
 multi-living component there's walking areas provided through and between the units they're

1209
01:27:32,480 --> 01:27:37,880
 oriented to face one another similar to what you would see in a residential style of development

1210
01:27:37,880 --> 01:27:42,560
 and then the architectural renderings that they've submitted have followed along with

1211
01:27:42,560 --> 01:27:47,840
 that overall goal of the PD with those site design and orientation deviations that they're

1212
01:27:47,840 --> 01:27:55,680
 requesting as part of this. In accordance with our with the DDC in Texas state law we

1213
01:27:55,680 --> 01:28:01,520
 have notified residents within 200 and 500 feet of the subject property as well as posted

1214
01:28:01,520 --> 01:28:07,960
 on our website and in the debt and record chronicle. At this time we have received nine

1215
01:28:07,960 --> 01:28:12,400
 responses in opposition that includes the e-comments that you all have been seeing come

1216
01:28:12,400 --> 01:28:19,920
 through so we've received nine responses opposed to this request up until about 5pm this evening.

1217
01:28:19,920 --> 01:28:24,200
 The applicant did hold a neighborhood meeting and that was back in March of 2022 so a little

1218
01:28:24,200 --> 01:28:31,480
 over a year ago there was not a second meeting held after that. Staff is recommending approval

1219
01:28:31,480 --> 01:28:35,920
 as this is consistent with our general criteria for approval and our criteria for approval

1220
01:28:35,920 --> 01:28:40,680
 of plan development requests. The next step would be a public hearing at city council.

1221
01:28:40,680 --> 01:28:44,480
 I'm happy to answer any questions you all may have. The applicant is here and I believe

1222
01:28:44,480 --> 01:28:49,520
 is also wishing to speak to you all this evening. Great thanks Angie. Commissioner Smith. Thank

1223
01:28:49,520 --> 01:28:54,520
 you Chair. Angie just to clarify and make it nice and succinct. Currently as it's zoned

1224
01:28:54,520 --> 01:28:59,480
 as MN it could develop as multi-family not necessarily horizontal multi-family because

1225
01:28:59,480 --> 01:29:04,400
 there's some other restrictions within there. It is currently zoned suburban corridor.

1226
01:29:04,400 --> 01:29:09,400
 Correct. They could get an SUP for multi-family and that would allow for the horizontal multi-family

1227
01:29:09,400 --> 01:29:15,440
 component. Understood. And then they're requesting a base zoning with this of MN which would

1228
01:29:15,440 --> 01:29:19,680
 still allow for the horizontal multi-family component. You'd find some differences in

1229
01:29:19,680 --> 01:29:26,200
 the site design and orientation. That's really, yes that's correct. Thank you. Commissioner

1230
01:29:26,200 --> 01:29:35,760
 Smith. Thank you Chair. Because it's currently zoned SC, if it were to develop under those

1231
01:29:35,760 --> 01:29:42,080
 criteria with retail, it's my understanding that the number of traffic trips that are

1232
01:29:42,080 --> 01:29:47,240
 used in the manual that generate the TIA would be higher than this so we would expect more

1233
01:29:47,240 --> 01:29:52,520
 of a traffic impact if it was retail than if it was the proposed development. Is that

1234
01:29:52,520 --> 01:29:57,280
 correct? If I understand, let me make sure I understand the question. Is the question

1235
01:29:57,280 --> 01:30:02,520
 is if it were to develop as retail today would that have a higher traffic impact than residential

1236
01:30:02,520 --> 01:30:08,520
 development? Yes. Thank you. Okay. Don't know traffic generation maybe as well as some

1237
01:30:08,520 --> 01:30:17,240
 of my colleagues. I'll look to Haley and see if she may have a better answer really. I

1238
01:30:17,240 --> 01:30:21,640
 don't know the exact ratios for the various uses but I believe retail typically falls

1239
01:30:21,640 --> 01:30:26,520
 somewhere in between what's estimated for multi-family and single-family type uses so

1240
01:30:26,520 --> 01:30:32,000
 it could be less but of course that would also depend on the mixture of commercial uses

1241
01:30:32,000 --> 01:30:35,080
 that they tried to put there. For example restaurants would probably be a much higher

1242
01:30:35,080 --> 01:30:40,800
 ratio than just strictly retail so I can't answer the question directly. It would probably

1243
01:30:40,800 --> 01:30:45,000
 be comparable, maybe a little bit higher if they were looking more restaurant than strictly

1244
01:30:45,000 --> 01:30:52,800
 retail uses. Commissioner McDade. Thank you Madam Chair. I know in the work session you

1245
01:30:52,800 --> 01:30:59,040
 went over the traffic analysis. Could you go back over that? I know you mentioned I

1246
01:30:59,040 --> 01:31:06,720
 think it was done in 2021. Yes the TIA was done in 2021 and we followed up and looked

1247
01:31:06,720 --> 01:31:11,840
 into that. I know the concern is that that was done during COVID and that could affect

1248
01:31:11,840 --> 01:31:17,440
 impacts and the study did take that into account and I believe correct me the percentage if

1249
01:31:17,440 --> 01:31:25,680
 I'm wrong but had a 45% projected increase in what they saw based on just knowing that

1250
01:31:25,680 --> 01:31:31,240
 traffic was lower than what it would normally be due to COVID and then it had also been

1251
01:31:31,240 --> 01:31:36,820
 asked was Stark Farms and Stewart Ridge taken into account and their eventual build outs.

1252
01:31:36,820 --> 01:31:41,820
 Both of those numbers were added into the TIA to run those two developments at their

1253
01:31:41,820 --> 01:31:49,160
 build out. So the traffic patterns were studied. They took into account that it was COVID and

1254
01:31:49,160 --> 01:31:53,520
 so that was factored in and then the surrounding developments that had already been entitled

1255
01:31:53,520 --> 01:31:59,440
 those numbers were factored into the TIA as well. All right thank you. And Angie on that

1256
01:31:59,440 --> 01:32:05,280
 as well they took into consideration that school. Yes DISD facilities were accounted

1257
01:32:05,280 --> 01:32:11,880
 for. Yes ma'am. Since they were not in July. Okay I don't see any other questions at this

1258
01:32:11,880 --> 01:32:17,200
 time for you Angie. Thank you very much. I do have several cards wishing to speak on

1259
01:32:17,200 --> 01:32:22,120
 this item so we'll go ahead and get started on that discussion. I'll invite Amy Bissett.

1260
01:32:22,120 --> 01:32:29,600
 She's the applicant on the project. Hello again. Good evening commissioners. Amy Bissett

1261
01:32:29,600 --> 01:32:35,560
 109 North Elm Denton 76201. I'm going to catch you by surprise here and tell you that

1262
01:32:35,560 --> 01:32:40,560
 I don't actually have a presentation that I'm going to make and the reason for that

1263
01:32:40,560 --> 01:32:48,240
 is at the conclusion of tonight's public hearing my client has asked that we request a postponement

1264
01:32:48,240 --> 01:32:52,200
 to March 29th and I'm going to tell you why and I'm going to give you and then I'm going

1265
01:32:52,200 --> 01:32:58,080
 to answer some questions that were raised in the work session but I want to start by

1266
01:32:58,080 --> 01:33:05,720
 saying that we were going to request that postponement but we out of respect for the

1267
01:33:05,720 --> 01:33:10,280
 community members who we knew were going to show up tonight we wanted to allow the public

1268
01:33:10,280 --> 01:33:18,720
 hearing to occur and remain open in two weeks as well so that nobody wasted their time coming

1269
01:33:18,720 --> 01:33:23,680
 out tonight. So having said that the reason that we're requesting the postponement is

1270
01:33:23,680 --> 01:33:30,080
 that some of the questions and concerns that have been raised over since public notifications

1271
01:33:30,080 --> 01:33:37,760
 went out are specifically related to the commercial corner that is being reserved and we are working

1272
01:33:37,760 --> 01:33:44,480
 in partnership with Stacy Standridge on that corner and he wants to be here to be able

1273
01:33:44,480 --> 01:33:51,640
 to answer questions about his intentions for that or be able to speak on it and additionally

1274
01:33:51,640 --> 01:33:59,900
 the property owner who has been a long time Denton resident and stakeholder in the community

1275
01:33:59,900 --> 01:34:07,480
 wants to be here and is ill so we will respectfully request a postponement at the conclusion

1276
01:34:07,480 --> 01:34:13,160
 of tonight's public hearing. I do want to address a couple of questions. One question

1277
01:34:13,160 --> 01:34:19,460
 that came up in the work session was related to right of way reservation versus dedication.

1278
01:34:19,460 --> 01:34:26,400
 We were asked about making or dedicating right of way on the eastern side of the property

1279
01:34:26,400 --> 01:34:32,300
 line from Loop 28 to our northern property boundary. That northern property boundary

1280
01:34:32,300 --> 01:34:41,760
 is in the ETJ and the intention when it did connect would connect through to Hartley Field.

1281
01:34:41,760 --> 01:34:48,000
 We opposed right of way dedication because we believe that the Hartley Field residents

1282
01:34:48,000 --> 01:34:54,440
 would not want to see that connection happen in the long run and there is no imminent development

1283
01:34:54,440 --> 01:34:59,600
 occurring to our north. I do want to talk a little bit about neighborhood engagement

1284
01:34:59,600 --> 01:35:04,400
 as well. Angie mentioned one neighborhood meeting. We actually did hold two. The first

1285
01:35:04,400 --> 01:35:09,960
 neighborhood meeting was on February 10th and mailed to everyone within the 500 foot

1286
01:35:09,960 --> 01:35:15,880
 boundary that you all talked about in your work session and had no RSVPs. We did then

1287
01:35:15,880 --> 01:35:21,600
 reach out to the North Denton Neighborhood Association and open it up to a full neighborhood

1288
01:35:21,600 --> 01:35:27,200
 meeting for anyone who wanted to attend. We held that meeting in early March of last year

1289
01:35:27,200 --> 01:35:34,640
 and then have provided follow-up information, documentation, answers to questions over the

1290
01:35:34,640 --> 01:35:40,600
 course of several months after that. In just general timeline, we started in November of

1291
01:35:40,600 --> 01:35:48,240
 '21. In April of '22, we were about to be scheduled for a public hearing when the right

1292
01:35:48,240 --> 01:35:53,120
 of way reservation dedication issue came up as well as a 40 foot easement for our future

1293
01:35:53,120 --> 01:35:59,120
 water main on loop 288. Those two requests by the city sent us entirely back to the drawing

1294
01:35:59,120 --> 01:36:07,840
 board which reduced our overall density, reconfigured the site, and delayed us to where we are today.

1295
01:36:07,840 --> 01:36:12,960
 I mention that because I want to acknowledge the extremely unfortunate timing that this

1296
01:36:12,960 --> 01:36:17,200
 is occurring right at the commencement of the small area planning process for North

1297
01:36:17,200 --> 01:36:24,560
 East Denton. I just want to say that when we commenced our process in November of '21,

1298
01:36:24,560 --> 01:36:29,800
 this was nowhere on the radar at that point in time. We're not trying to be disrespectful

1299
01:36:29,800 --> 01:36:37,540
 to that process. It's just extremely unfortunate. My client has spent 15 months and probably

1300
01:36:37,540 --> 01:36:44,440
 well over $100,000 preparing for this public hearing this evening. We're here despite

1301
01:36:44,440 --> 01:36:49,960
 the timing. As it relates to the traffic study, I can provide data tables if you allow us

1302
01:36:49,960 --> 01:36:57,040
 to come back in two weeks under a postponement, but I want to say a couple of things. Yes,

1303
01:36:57,040 --> 01:37:02,020
 it was adjusted for the school year. Yes, it was adjusted for COVID. Five scenarios

1304
01:37:02,020 --> 01:37:09,480
 were run going all the way out to 2028. They accounted for a growth pattern going back

1305
01:37:09,480 --> 01:37:18,040
 to 2011. The data is strong and both precedes and outlasts COVID and accounts for the school

1306
01:37:18,040 --> 01:37:23,800
 traffic. They also specifically looked at the football games on Friday nights and how

1307
01:37:23,800 --> 01:37:30,760
 that traffic correlates with the peak traffic for the development. The football game traffic

1308
01:37:30,760 --> 01:37:38,360
 is terrible. It just is what it is. The traffic that is generated by this development, those

1309
01:37:38,360 --> 01:37:45,400
 peak hours, they're not at the same time. It's not necessarily compounding the football

1310
01:37:45,400 --> 01:37:52,240
 traffic, but I certainly acknowledge and understand everyone's concerns related to that.

1311
01:37:52,240 --> 01:37:57,500
 We did update our traffic study in August of 2022. We originally had three driveways

1312
01:37:57,500 --> 01:38:03,640
 located on Loop 288. We have reduced that down to one. In that traffic study update,

1313
01:38:03,640 --> 01:38:10,360
 we also added the southbound turn lane into the development so that pulled traffic out

1314
01:38:10,360 --> 01:38:18,160
 of the main lane that used to queue coming south on Sherman Drive. Our initial traffic

1315
01:38:18,160 --> 01:38:24,940
 study was prior to the signalization of Loop 288 in Sherman. We updated the traffic study

1316
01:38:24,940 --> 01:38:29,880
 to look at the signalization and how that affected the overall development as well.

1317
01:38:29,880 --> 01:38:38,960
 Let's see here. I believe that covers the questions that were asked in the work session,

1318
01:38:38,960 --> 01:38:45,020
 and I'm happy to answer any additional questions that you have, but I do respectfully request

1319
01:38:45,020 --> 01:38:49,760
 after we've had a chance to hear everyone tonight a postponement to March 29th. Thank

1320
01:38:49,760 --> 01:38:50,760
 you.

1321
01:38:50,760 --> 01:38:58,960
 Thanks. I guess one question that I've got. I mentioned in work session about how this

1322
01:38:58,960 --> 01:39:03,280
 request relates to the future land use map and the fact that the future land use map

1323
01:39:03,280 --> 01:39:08,600
 says community mixed use and how in work session I mentioned this is far from community mixed

1324
01:39:08,600 --> 01:39:10,480
 use. Can you speak to that at all?

1325
01:39:10,480 --> 01:39:18,640
 I can. If you look at the concept plan, we've really tried to concentrate the density right

1326
01:39:18,640 --> 01:39:26,520
 along Loop 288 and as we moved further north to decrease the density into the horizontal

1327
01:39:26,520 --> 01:39:35,560
 multifamily with the intent of trying to follow both the future land use plan and the desire

1328
01:39:35,560 --> 01:39:41,040
 of the neighborhood and then reserving that hard corner. That is an odd shaped piece of

1329
01:39:41,040 --> 01:39:48,600
 property to develop entirely commercial. We believed that we were meeting the intent of

1330
01:39:48,600 --> 01:39:54,680
 community mixed use by providing transitional housing that transitioned from higher density

1331
01:39:54,680 --> 01:40:02,300
 into medium before moving into the low density north of us and reserving that hard corner

1332
01:40:02,300 --> 01:40:05,720
 for those future retail and commercial opportunities.

1333
01:40:05,720 --> 01:40:10,800
 Okay. I definitely appreciate that explanation.

1334
01:40:10,800 --> 01:40:14,960
 Any other questions for Ms. Sidd? She's up here.

1335
01:40:14,960 --> 01:40:15,960
 Thank you.

1336
01:40:15,960 --> 01:40:23,960
 Thank you very much. We'll go ahead. The next card I have is Reed Faring. Good evening.

1337
01:40:23,960 --> 01:40:30,080
 If you'll give us your name and address, your time will begin.

1338
01:40:30,080 --> 01:40:38,720
 Hello. I'm Reed Faring. I live at 4572 Coyote Point, which is just outside the city limits

1339
01:40:38,720 --> 01:40:50,280
 out past Hodge Elementary. I'm part of the Northeast Denton group. I have two comments

1340
01:40:50,280 --> 01:41:00,080
 about this particular proposal. One is that if you live out there, you don't believe,

1341
01:41:00,080 --> 01:41:07,880
 you just don't believe that you can add 3,600 car trips a day to that intersection without

1342
01:41:07,880 --> 01:41:18,280
 making life miserable for lots of people. On a bigger issue, I'm really concerned that

1343
01:41:18,280 --> 01:41:25,120
 this proposal, not to mention others that seem to be in the mill with the Carter Ranch,

1344
01:41:25,120 --> 01:41:30,400
 are being taken, it seems, I would like to know differently, kind of one at a time, whoever

1345
01:41:30,400 --> 01:41:36,260
 comes first. The first properties to develop are at the front of the plane. The people

1346
01:41:36,260 --> 01:41:42,720
 that end up living at the back of the plane are going to be pretty miserable down the

1347
01:41:42,720 --> 01:41:50,560
 road. I honestly, I mean, I really respect all the work you do. I'm a 45 year resident

1348
01:41:50,560 --> 01:41:57,380
 of Denton, and I love this town, and I want to see it grow, not to become a suburban slum,

1349
01:41:57,380 --> 01:42:03,640
 but to become the town that we have loved all these years. That requires planning, and

1350
01:42:03,640 --> 01:42:09,700
 I don't see that. I wish I could be wrong, and maybe I am. I don't know what happened

1351
01:42:09,700 --> 01:42:15,800
 to 2030, honestly. It didn't seem to have any effect on the initial Taylor Morrison

1352
01:42:15,800 --> 01:42:22,380
 proposal for Carter Ranch. They can rezone kind of at will. The planned developments

1353
01:42:22,380 --> 01:42:29,520
 are a mystery to me, how somebody can come in and just change the zoning for a particular

1354
01:42:29,520 --> 01:42:37,860
 area. But my point is, this whole area of northeast Denton needs to be looked at from

1355
01:42:37,860 --> 01:42:47,600
 a fully developed perspective. How much traffic can Hartley Field and Mingo and Kings Row

1356
01:42:47,600 --> 01:42:54,500
 handle? Those are the only three ways to get out of this part of Denton, and when you start

1357
01:42:54,500 --> 01:43:01,020
 building up close to the exits, obviously it's the developments farther down the road

1358
01:43:01,020 --> 01:43:07,660
 that are going to pay. So there are a lot of big issues here as well. This part of Denton

1359
01:43:07,660 --> 01:43:13,520
 is ideal to create open spaces and a natural habitat for people to enjoy, for children

1360
01:43:13,520 --> 01:43:21,380
 to study and learn about the history and natural history and culture of this region. I don't

1361
01:43:21,380 --> 01:43:27,500
 want to expand to that, but I do want to urge you all to back off before you consider more

1362
01:43:27,500 --> 01:43:35,020
 proposals in northeast Denton and give us a plan that's realistic, that doesn't involve

1363
01:43:35,020 --> 01:43:42,860
 building huge bridges across Clear Creek and doesn't involve stop lights every block on

1364
01:43:42,860 --> 01:43:51,860
 the south end of Sherman just outside the loop. With the development of agave, expansion

1365
01:43:51,860 --> 01:43:58,940
 of the Stark property, development along the long road, this whole area of Denton is going

1366
01:43:58,940 --> 01:44:07,500
 to go. We know that. Developers love all that flat land. So what we need is a plan to make

1367
01:44:07,500 --> 01:44:16,100
 the quality of life in northeast Denton the best we can. So I love this development. It's

1368
01:44:16,100 --> 01:44:22,540
 got the kind of housing we need in Denton. I'm just very concerned about the location

1369
01:44:22,540 --> 01:44:28,460
 relative to traffic problems down the road. So thank you very much for hearing me.

1370
01:44:28,460 --> 01:44:32,660
 Thank you, Mr. Ferring, for coming out. By the way, are you on the small area plan? Have

1371
01:44:32,660 --> 01:44:36,460
 you been involved in the small area plan discussion that we've gotten started?

1372
01:44:36,460 --> 01:44:40,340
 Yes. Thank you.

1373
01:44:40,340 --> 01:44:52,300
 Thank you. The next card I have is Ann Woodbridge. Ms. Woodbridge is going to wait and speak

1374
01:44:52,300 --> 01:44:57,020
 if this item gets postponed. Are you sure you would not like to speak this evening?

1375
01:44:57,020 --> 01:45:06,500
 Okay. Bridget Marshall? Come on up to the podium and we can talk.

1376
01:45:06,500 --> 01:45:22,500
 Good evening. Good evening. I'm Bridget Marshall. I live at 3539 Pine Trail, Denton. I strongly

1377
01:45:22,500 --> 01:45:27,740
 believe that an apartment complex development at this location with such a busy intersection

1378
01:45:27,740 --> 01:45:34,060
 and heavily traffic roads will create a serious traffic safety hazard and endanger lives.

1379
01:45:34,060 --> 01:45:38,960
 This PD should be denied due to the many traffic safety issues and discrepancies in the developer's

1380
01:45:38,960 --> 01:45:44,140
 traffic impact analysis, including inaccuracies in the traffic counts and level of service

1381
01:45:44,140 --> 01:45:54,900
 ratings and noncompliance with text dot standards. It did not take into account the Agave Ranch

1382
01:45:54,900 --> 01:46:01,740
 traffic. It took into account Stark Farms and Stewart Ridge, but not Agave Ranch. It

1383
01:46:01,740 --> 01:46:07,060
 did not take into account the football games or other band and sporting events going on

1384
01:46:07,060 --> 01:46:14,460
 at the stadium. The TIA inaccurately states that typical events start around 7 p.m. after

1385
01:46:14,460 --> 01:46:19,860
 the p.m. peak hour, so they anticipate to be little to no overlap between peak event

1386
01:46:19,860 --> 01:46:25,660
 traffic and peak site generated traffic from the development. However, most people go to

1387
01:46:25,660 --> 01:46:31,980
 the stadium early, before the start of the game, during the p.m. peak hours, okay, for

1388
01:46:31,980 --> 01:46:39,140
 various reasons. This should all be taken into consideration.

1389
01:46:39,140 --> 01:46:44,580
 I listened to the work session, so I'd like to know where is the data in the TIA showing

1390
01:46:44,580 --> 01:46:54,240
 the additional traffic counts that Ms. Bissette pointed out. There are two text dot noncompliant

1391
01:46:54,240 --> 01:47:00,380
 driveways on the hill on FM 428, which the staff analysis omitted. The developer's TIA

1392
01:47:00,380 --> 01:47:07,900
 on page 3 specifically states drives 1 and 2 along FM 428 do not meet text dots minimum

1393
01:47:07,900 --> 01:47:15,060
 360-foot drive approach spacing. The TIA did not take into consideration traffic using

1394
01:47:15,060 --> 01:47:21,980
 Hartley Field Road, which has significant traffic turning onto and off of FM 428. Sitting

1395
01:47:21,980 --> 01:47:27,500
 below the crest of the hill, driveway 1 has poor sight lines with Hartley Field Road.

1396
01:47:27,500 --> 01:47:31,660
 Standing right from driveway 1 endangers drivers turning left from Hartley Field Road at the

1397
01:47:31,660 --> 01:47:37,540
 same time. Turning left from driveway 1 into the southbound FM 428 lane below the crest

1398
01:47:37,540 --> 01:47:44,180
 of the hill with heavy traffic will be extremely dangerous and is an accident waiting to happen.

1399
01:47:44,180 --> 01:47:49,380
 The variances proposed in the TIA were not mentioned in the staff analysis. They will

1400
01:47:49,380 --> 01:47:54,460
 not change the fact that the hill poses a significant hazard for any driveway access

1401
01:47:54,460 --> 01:47:59,040
 regardless of where it is positioned on the hill. If drivers from the apartment complex

1402
01:47:59,040 --> 01:48:03,140
 want to go southbound on Sherman Drive from driveway 3, they will have to cross three

1403
01:48:03,140 --> 01:48:10,140
 to four lanes of traffic in a very short distance, less than 510 feet, across loop 288 traffic

1404
01:48:10,140 --> 01:48:15,940
 exiting at 60 miles per hour to turn left, creating a serious hazard. The development

1405
01:48:15,940 --> 01:48:22,100
 generating 3,553 daily car trips on top of the heavy traffic congestion we currently

1406
01:48:22,100 --> 01:48:27,460
 experience is extremely concerning. Stark Farm, Stewart Ridge and Ogabe Ranch have not

1407
01:48:27,460 --> 01:48:33,040
 even been built out yet and are expected to generate a total of approximately 12,000 daily

1408
01:48:33,040 --> 01:48:39,180
 car trips. It is already difficult to turn onto FM 428 from Hartley Field Road or Long

1409
01:48:39,180 --> 01:48:45,100
 Road. Traffic will be a nightmare when these developments are all built out. This is a

1410
01:48:45,100 --> 01:48:50,300
 terrible location to build an apartment complex for everyone concerned, including the future

1411
01:48:50,300 --> 01:48:56,260
 residents. People will be injured, or worse, killed due to placing emphasis on the wrong

1412
01:48:56,260 --> 01:49:01,500
 kind of development over safety. High density apartment complexes should not be located

1413
01:49:01,500 --> 01:49:07,260
 at the corner of two heavily trafficked high speed roads. Safety first for all motorists,

1414
01:49:07,260 --> 01:49:13,580
 bicyclists and pedestrians should be paramount. The proposed PD does not improve mobility or

1415
01:49:13,580 --> 01:49:21,380
 mobility, and promotes traffic safety per DDC 1.2.5. Please deny PD 210007 which is

1416
01:49:21,380 --> 01:49:27,700
 not appropriate for this location and require that the TIA be updated for accuracy. Thank

1417
01:49:27,700 --> 01:49:32,380
 you very much for your time. Thank you very much for coming out and speaking. Any questions

1418
01:49:32,380 --> 01:49:41,220
 for Ms. Whitbridge? Okay, I do not see any. Thank you so much. Next card I have to speak

1419
01:49:41,220 --> 01:49:51,780
 is Trey Rosell. Good evening. If you will give us your name and address, your time will

1420
01:49:51,780 --> 01:49:58,700
 begin. Hello, I am Trey Rosell. I live at 2408 Twin Post. That is on the north side,

1421
01:49:58,700 --> 01:50:04,740
 just barely in the loop. It is funny, I have talked into a microphone probably a hundred

1422
01:50:04,740 --> 01:50:10,380
 times for work, but never for one that is so important in my personal life. I like mixed

1423
01:50:10,380 --> 01:50:15,380
 use zoning. I would really like to ride an e-bike to a restaurant that is a little closer

1424
01:50:15,380 --> 01:50:23,100
 than going to the square every time. So I can appreciate that. We value it in our house.

1425
01:50:23,100 --> 01:50:29,820
 My biggest concern is with the traffic plan, and mainly bicycles. There are a lot of bicycles

1426
01:50:29,820 --> 01:50:35,700
 that head up Sherman northbound to get out of town and go ride in the country. Currently

1427
01:50:35,700 --> 01:50:41,500
 riding up there, it is a little horrifying, the use of the shoulder as an acceleration

1428
01:50:41,500 --> 01:50:48,860
 lane to get on 428, as it is currently. When I looked at the site plan earlier today, I

1429
01:50:48,860 --> 01:50:55,380
 was pretty shocked by it. I think there are three driveway stubs, it is not really going

1430
01:50:55,380 --> 01:51:01,460
 to work for cyclists that are not willing to ride on Sherman. Sharing an acceleration

1431
01:51:01,460 --> 01:51:08,900
 and deceleration lane with cars is worse than being in Sherman, because it is just more

1432
01:51:08,900 --> 01:51:15,620
 variables where people are speeding up, slowing down, in and out. With the design on the site

1433
01:51:15,620 --> 01:51:21,100
 plan, I do not know how I am going to navigate those traffic stubs. There is more than one

1434
01:51:21,100 --> 01:51:26,340
 of us, by the way. There are quite a few people that ride up there. I do not know if I am

1435
01:51:26,340 --> 01:51:29,820
 supposed to go over them, am I supposed to go on Sherman to go around them, am I supposed

1436
01:51:29,820 --> 01:51:34,580
 to pull in to the development and then get back out? It just does not really work for

1437
01:51:34,580 --> 01:51:39,220
 me. I think it is a considerable concern in this

1438
01:51:39,220 --> 01:51:45,220
 area. There are kids that ride a bicycle that do not have a license that need to get to

1439
01:51:45,220 --> 01:51:51,660
 the stadium, for a variety of reasons. I know there is a sidewalk on the other side, but

1440
01:51:51,660 --> 01:51:55,220
 it is not paved all the way up, so currently, and I see it every time, there are kids that

1441
01:51:55,220 --> 01:52:01,980
 walk on the shoulder on the other side of the road, on the other side of Sherman. In

1442
01:52:01,980 --> 01:52:07,100
 addition to that, we have a really nice mountain bike trail up to the north. A lot of people

1443
01:52:07,100 --> 01:52:12,060
 ride a mountain bike, rather than drive, ride up Sherman, turn right on Hartley Field, and

1444
01:52:12,060 --> 01:52:17,740
 then go enjoy the mountain bike trail, one of them. Also, ride up to the green belt frequently

1445
01:52:17,740 --> 01:52:25,180
 to head north, like I said earlier. It is very important, I think, that we give reconsider

1446
01:52:25,180 --> 01:52:32,780
 to the traffic plan and get something closer that gives cyclists a place to be. There is

1447
01:52:32,780 --> 01:52:39,300
 now with the shoulder, it is not great, but it is manageable. I also hope we sort of reaffirm

1448
01:52:39,300 --> 01:52:43,700
 our commitment to Vision Zero. This is kind of antithetical to that. It does not give

1449
01:52:43,700 --> 01:52:51,220
 a buffer. It does not give any protection. I know TextDOT is coming. I know 428 and 288

1450
01:52:51,220 --> 01:52:56,340
 are going to be dramatically changed. That is a different battle, and I am sure I will

1451
01:52:56,340 --> 01:53:01,740
 get to speak and participate in that battle, I hope. But for what we have now, I really

1452
01:53:01,740 --> 01:53:06,020
 need something, and the people I ride bikes with, and the people I do not ride bikes with,

1453
01:53:06,020 --> 01:53:10,140
 need something so we can get out of town to the north and enjoy bikes. Thanks for your

1454
01:53:10,140 --> 01:53:11,140
 time.

1455
01:53:11,140 --> 01:53:18,060
 Thank you for coming to speak. That is all the cards I have wishing to speak. I do have

1456
01:53:18,060 --> 01:53:22,700
 several people who did fill out comment cards. If you would like to speak when I read off

1457
01:53:22,700 --> 01:53:28,580
 your name, just raise your hand and let me know. I have got a card in opposition from

1458
01:53:28,580 --> 01:53:39,020
 Ned Woodbridge, and another card in opposition from Anthony and Isabelle Spinelli. I have

1459
01:53:39,020 --> 01:53:49,700
 got a card in opposition from Stephen Ernt, and a card in opposition from Mary Ernt. This

1460
01:53:49,700 --> 01:53:54,460
 is a public hearing. If you did not fill out a card, that is totally fine and would like

1461
01:53:54,460 --> 01:54:11,540
 to come up and speak. You are welcome to do so. Come on forward. Hi, I am Ned Woodbridge

1462
01:54:11,540 --> 01:54:18,380
 at 3596 Hartley Field Road here in Denton. I had not planned to speak, but I just want

1463
01:54:18,380 --> 01:54:29,380
 to follow up on what was said here with my predecessor about the bikes. What he talked

1464
01:54:29,380 --> 01:54:32,620
 about is absolutely true. I live on Hartley Field Road. There are packs of bikes that

1465
01:54:32,620 --> 01:54:38,620
 go by certainly every day on the weekend. I would say it is in the hundreds. They come

1466
01:54:38,620 --> 01:54:43,500
 up. It is a favorite loop to come up 428, as he said, Oromingo Road coming out of town

1467
01:54:43,500 --> 01:54:50,820
 and doing a nice little loop up in our area. I think that is a really important consideration

1468
01:54:50,820 --> 01:54:59,100
 to think about, providing for bike traffic that does not conflict with, as he said, the

1469
01:54:59,100 --> 01:55:04,380
 turning off and turning on of cars and so forth. This is a safety issue. I know Ms.

1470
01:55:04,380 --> 01:55:15,820
 Manglera mentioned that there was a walking path. Unfortunately, there isn't. I really

1471
01:55:15,820 --> 01:55:21,220
 wish there were. I see students coming up and down, as I wrote to you earlier, with

1472
01:55:21,220 --> 01:55:27,420
 towels in hand and their skateboards walking down there. The car is zipping by. It just

1473
01:55:27,420 --> 01:55:31,580
 gives a lot of concern to me. That should be given some consideration. I think the whole

1474
01:55:31,580 --> 01:55:37,860
 both pedestrian, auto, bike interface needs to be really thought about carefully. I would

1475
01:55:37,860 --> 01:55:43,340
 really like to encourage you to think about that in terms of the planning for the front

1476
01:55:43,340 --> 01:55:51,660
 of that property. It would be really helpful. Lastly, this is my own fault. I was surprised

1477
01:55:51,660 --> 01:56:00,700
 to see that in the future land use map that this area was in fact a multi-use, I guess

1478
01:56:00,700 --> 01:56:08,700
 is the word was, because I had consulted the flum in the actual plan itself and it showed

1479
01:56:08,700 --> 01:56:16,620
 it as yellow, which is low-density housing. Anyway, I don't know how that transitioned.

1480
01:56:16,620 --> 01:56:22,380
 That was where I left off with that, but somehow it transitioned to this. I do think it is

1481
01:56:22,380 --> 01:56:29,940
 fundamentally incompatible with what the comprehensive plan says is the desire for this area.

1482
01:56:29,940 --> 01:56:36,420
 Keep in mind, that comprehensive plan was a result of significant effort in 2030 and

1483
01:56:36,420 --> 01:56:41,980
 this past year with the update with input from the community in terms of what is really

1484
01:56:41,980 --> 01:56:47,900
 the desire for various areas in the city. I'm talking widely now, not just Northeast

1485
01:56:47,900 --> 01:56:53,180
 Denton. I do think this is incompatible. We are going through a process. I am on the Steering

1486
01:56:53,180 --> 01:57:03,860
 Committee of the area plan for Northeast Denton. I hope that we can more flesh all this out

1487
01:57:03,860 --> 01:57:10,700
 in terms of what the area would like and the community would like to see. Anyway, thank

1488
01:57:10,700 --> 01:57:11,700
 you.

1489
01:57:11,700 --> 01:57:23,660
 Thank you, Mr. Robich for speaking. Is there anyone else wishing to speak at this time?

1490
01:57:23,660 --> 01:57:26,660
 Come on down. Sure. Thank you.

1491
01:57:26,660 --> 01:57:35,260
 I don't know if you can give us your name and address. Your time will begin.

1492
01:57:35,260 --> 01:57:42,760
 Good afternoon, guys. My name is Hugh Brar. I'm at East 3010 East Sherman. I'm actually

1493
01:57:42,760 --> 01:57:50,260
 the owner of 7-Eleven that is on East Sherman Drive. Listening to that gentleman, we see

1494
01:57:50,260 --> 01:57:56,180
 bikers all the time, especially on Sundays or during the football games or what have

1495
01:57:56,180 --> 01:58:03,900
 you. It is a little bit concerning. I'm not opposed. I'm not forward towards it or neither

1496
01:58:03,900 --> 01:58:09,420
 denial, but it is a little bit of a concern for the city, for the children that are actually

1497
01:58:09,420 --> 01:58:15,660
 going to the football games or coming back or going to the skate park actually. We treat

1498
01:58:15,660 --> 01:58:21,580
 our business as a family-oriented business and the children that live around across from

1499
01:58:21,580 --> 01:58:26,980
 the apartment building, across from us. Kids come over there. I ask them all the time,

1500
01:58:26,980 --> 01:58:33,380
 do your parents know? You are crossing a major, I wouldn't say a highway, but the way people

1501
01:58:33,380 --> 01:58:38,380
 are treating it, they are treating it as a highway. 60 miles, 70 miles per hour cars

1502
01:58:38,380 --> 01:58:46,340
 are traveling. So with that being said, it is going to be very much of a traffic hazard,

1503
01:58:46,340 --> 01:58:50,660
 even though I would love it as a business owner, but it is going to be heavily trafficked.

1504
01:58:50,660 --> 01:58:56,220
 So please think about the children and the people that go for a walk across or this way

1505
01:58:56,220 --> 01:58:58,520
 or the bikers. Thank you.

1506
01:58:58,520 --> 01:59:03,700
 Thank you for coming to speak. Appreciate that. Is there anyone else wishing to speak

1507
01:59:03,700 --> 01:59:18,100
 on this item? I do not see any. Hillary, let me ask you this question. Since the applicant

1508
01:59:18,100 --> 01:59:30,260
 has stated they would like to postpone the item from being voted on tonight, would the

1509
01:59:30,260 --> 01:59:40,740
 public hearing remain open for this particular item or do we have the time, since she mentioned

1510
01:59:40,740 --> 01:59:49,100
 I think March 29th? I don't believe we would have time to re-notice

1511
01:59:49,100 --> 01:59:54,540
 for the 29th, so we would need to leave it open if you wish to continue public hearing

1512
01:59:54,540 --> 01:59:59,140
 on the 29th, I believe. Right, we would need to leave it open.

1513
01:59:59,140 --> 02:00:06,260
 So what I would not want that to do is eliminate anyone who has spoken tonight from being allowed

1514
02:00:06,260 --> 02:00:12,940
 to speak again then, especially if the applicant is coming with new information, a presentation

1515
02:00:12,940 --> 02:00:19,460
 that they were not privy to see today, so please let me know how that would play a role.

1516
02:00:19,460 --> 02:00:25,180
 Because if it does play a role that they cannot, then I would prefer to close the public hearing

1517
02:00:25,180 --> 02:00:33,860
 and then maybe we just would postpone longer so that we would have time to re-notice that.

1518
02:00:33,860 --> 02:00:39,760
 I'm not entirely sure off the top of my head if someone would be able to speak again from

1519
02:00:39,760 --> 02:00:46,580
 a precisely what the code says, but from a spirit of all of the values that Denton has

1520
02:00:46,580 --> 02:00:53,220
 important of transparency and fair play and such, I think it would recommend letting anyone

1521
02:00:53,220 --> 02:00:58,340
 who spoke today speak again, especially, as you said, since there would be new information

1522
02:00:58,340 --> 02:01:02,060
 potentially they would be responding to. Yeah, exactly.

1523
02:01:02,060 --> 02:01:06,500
 Haley, did you want to add to that? Yeah, I was going to add I don't recall the

1524
02:01:06,500 --> 02:01:10,380
 time limitations, but I believe there is language that allows at the Chair's discretion for

1525
02:01:10,380 --> 02:01:14,300
 anyone to have additional time to speak if they wish to do so. So I believe that would

1526
02:01:14,300 --> 02:01:17,700
 be up to your decision as to whether you wanted to allow that.

1527
02:01:17,700 --> 02:01:23,860
 Okay. So then it would be agreed upon that we would leave the public hearing open on this

1528
02:01:23,860 --> 02:01:30,920
 item and anyone wishing to speak again, whether they spoke tonight or not, would be at my

1529
02:01:30,920 --> 02:01:34,380
 discretion to let them, which I'm saying right now I would let them.

1530
02:01:34,380 --> 02:01:36,780
 I think that would be best practices. Yes, ma'am.

1531
02:01:36,780 --> 02:01:42,460
 Okay. Very good. I appreciate that. Commissioner Smith.

1532
02:01:42,460 --> 02:01:46,500
 Make a motion to table discussion to date certain of March 29th.

1533
02:01:46,500 --> 02:01:47,500
 Commissioner Cole. Second.

1534
02:01:47,500 --> 02:01:52,620
 Okay. We've got a first and a second to table this discussion to a date certain of March

1535
02:01:52,620 --> 02:02:05,500
 29th, 2023. Any discussion? Okay, I'm just going to add this so that it's some food for

1536
02:02:05,500 --> 02:02:14,260
 thought as we go hear this item again. And it is to explain currently on the property

1537
02:02:14,260 --> 02:02:21,060
 it's zoned SC. SC district is intended to provide moderate to high density commercial

1538
02:02:21,060 --> 02:02:27,740
 office and retail uses along high traffic corridors. The SC district provides elevated

1539
02:02:27,740 --> 02:02:32,540
 building landscape design, buildings oriented to the street and appropriate buffering from

1540
02:02:32,540 --> 02:02:37,580
 adjacent neighborhoods. While the SC district is primarily auto oriented, it provides a

1541
02:02:37,580 --> 02:02:43,220
 safe environment for pedestrians and cyclists. This is the corner of Loop 288 and Sherman

1542
02:02:43,220 --> 02:02:51,340
 Drive. So I'm going to leave that. Next, this PD has an underlying zoning request

1543
02:02:51,340 --> 02:02:59,740
 of MN, which is mixed use neighborhood. That is defined as the MN district is provided

1544
02:02:59,740 --> 02:03:04,020
 to support compatibility between higher density mixed use areas and adjacent residential and

1545
02:03:04,020 --> 02:03:09,540
 commercial uses. This district contributes to a vibrant environment for pedestrians and

1546
02:03:09,540 --> 02:03:15,100
 cyclists and includes varying densities of residential neighborhoods serving retail restaurants,

1547
02:03:15,100 --> 02:03:20,500
 commercial and office uses that are sensitive to the surrounding build and natural context

1548
02:03:20,500 --> 02:03:28,260
 and scale and form. So those are the two basic zoning districts that we're dealing with on

1549
02:03:28,260 --> 02:03:34,980
 this corner. So we need to think about that. And again, we're talking about a large corner

1550
02:03:34,980 --> 02:03:41,500
 of Loop 288 and Sherman Drive. So I look forward to further discussion. If there's no other

1551
02:03:41,500 --> 02:03:48,620
 discussion here, let's go ahead and vote on the board. The motion is to postpone to a

1552
02:03:48,620 --> 02:04:09,060
 date certain of March 29th. Let's see. That motion carries 6-1. And we will see you back

1553
02:04:09,060 --> 02:04:16,420
 on the 29th. And thank you, all of you who came out to speak on this item and continue

1554
02:04:16,420 --> 02:04:21,940
 to communicate, and we'll see you again on the 29th. Thank you. That will move us to

1555
02:04:21,940 --> 02:04:31,180
 our matrix. And I'll turn it over to Haley. Yes. Just wanted to note, I do have notes

1556
02:04:31,180 --> 02:04:34,660
 from our discussion at work session, so we will add something to the matrix regarding

1557
02:04:34,660 --> 02:04:39,940
 continuing and following up on the discussion regarding notices to ETJ properties. Just

1558
02:04:39,940 --> 02:04:44,580
 to give the commission some updates from recent city council action, at their meeting on

1559
02:04:44,580 --> 02:04:50,300
 March 7th, we did have the zoning to light industrial at 380 and Thomas J. Egan that

1560
02:04:50,300 --> 02:04:54,620
 was approved. And then the code amendments for outdoor storage and display were also

1561
02:04:54,620 --> 02:04:58,460
 approved unanimously by council. So thanks again to our DCRC for all the hard work on

1562
02:04:58,460 --> 02:05:08,020
 that one. Great. Anything else for the matrix from anyone? I would just like to add, I don't

1563
02:05:08,020 --> 02:05:19,100
 know if it's an actual matrix to be added, but to just make a suggestion to be on top

1564
02:05:19,100 --> 02:05:25,780
 of mind for staff, we've had a couple of things come before us, and we're going to hear them

1565
02:05:25,780 --> 02:05:29,580
 both because neither one, well, one's being reconsidered and one we didn't take action

1566
02:05:29,580 --> 02:05:40,380
 on tonight, but this PD in lieu of SUP, I just would like that to be top of mind that

1567
02:05:40,380 --> 02:05:44,260
 that doesn't become something consistent, because I don't think that's a good idea.

1568
02:05:44,260 --> 02:05:51,740
 I think we have SUPs in place to discuss SUPs, you know, and so I don't know how to, again,

1569
02:05:51,740 --> 02:05:56,340
 not that it needs to be a work session, I don't think, but if it just could be top of

1570
02:05:56,340 --> 02:06:00,720
 mind because then maybe it does need to be a work session if you're seeing it more or

1571
02:06:00,720 --> 02:06:07,820
 you're desiring it more. So 100% agree with you, it's actually in the code that a PD should

1572
02:06:07,820 --> 02:06:12,780
 not be used where an SUP can be used. I think it's unfortunate timing that both of these

1573
02:06:12,780 --> 02:06:20,460
 cases coincided to be running together on our agendas basically, but we do strive our

1574
02:06:20,460 --> 02:06:26,220
 best to deter PDs because we don't want to become a city of 100 or 1,000 PDs, which could

1575
02:06:26,220 --> 02:06:31,020
 easily occur. So we do push everyone as much as possible towards straight zoning and specific

1576
02:06:31,020 --> 02:06:36,900
 use permits where appropriate. I would say these cases are oddities that just happen to

1577
02:06:36,900 --> 02:06:37,900
 coincide.

1578
02:06:37,900 --> 02:06:43,900
 Yeah, okay, okay, very good. I appreciate that explanation. Seeing nothing else for the

1579
02:06:43,900 --> 02:06:51,300
 matrix, any concluding items? Okay. Then let's adjourn at 7.38 p.m. Thank you.