WEBVTT

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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,

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 and then the reservation, again, should the area ever need it, you can see here along

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 this kind of red outlined area.

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 It's a 27 and a half feet, which is a residential street when it's fully built out.

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 I didn't know if you were done.

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 You're good.

00:14:00.880 --> 00:14:01.880
 Okay.

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 Commissioner Anderson.

00:14:02.880 --> 00:14:03.880
 Thanks, sir.

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 On the commercial property, the 4.5, 6 acres, I thought they were supposed to have two access

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 in and out.

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 I only see one.

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 The two points of access is a requirement of the DDC.

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 This is not part of that request, so it's not reflected on the site plan, but let's

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 say in a couple months this is approved and they do come through with commercial.

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 That's going to have to be addressed at that time.

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 Any other questions?

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 Angie, you mentioned the TIA.

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 We've had a lot of feedback on that because that was done, I think it was in 2021.

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 Do you have any concerns with that possibly being needed to be redone?

00:14:49.440 --> 00:14:54.920
 Not that I received indication from our third party HR green firm that reviewed it, nor

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 have we really had that concern come up internally, no ma'am.

00:14:59.760 --> 00:15:00.760
 Okay.

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 Yeah, I'm having a little bit of struggle with this as I've been studying the material,

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 especially as it relates to the future land use, which is community mixed use.

00:15:15.320 --> 00:15:23.240
 This is so not community mixed use, which in my interpretation of it, majority should

00:15:23.240 --> 00:15:24.240
 be commercial.

00:15:24.240 --> 00:15:28.680
 The majority of this piece of land is residential.

00:15:28.680 --> 00:15:38.200
 I'm struggling with how staff decided that that reflected in accordance with the future

00:15:38.200 --> 00:15:39.200
 land use map.

00:15:39.200 --> 00:15:40.480
 If you want to speak to any of that.

00:15:40.480 --> 00:15:41.880
 I can speak to that a little bit.

00:15:41.880 --> 00:15:45.600
 I'll pull up that slide real quick just so you can see.

00:15:45.600 --> 00:15:50.200
 Community mixed use, you are correct, is a transitional area meant to transition from

00:15:50.200 --> 00:15:54.980
 your residential areas into your commercial corridors.

00:15:54.980 --> 00:15:59.880
 It does call for commercial development, but also views residential components to that

00:15:59.880 --> 00:16:04.160
 commercial as complimentary and appropriate within the location.

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

00:16:08.240 --> 00:16:09.680
 we're seeing along loop 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

00:16:15.200 --> 00:16:21.560
 pattern emerging where you have your residential components coming in with the supporting commercial

00:16:21.560 --> 00:16:24.480
 on these out parcels.

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

00:16:28.280 --> 00:16:33.920
 ZCP for a multifamily development where apartments will be going, but these remaining out parcels

00:16:33.920 --> 00:16:39.400
 that could be accessed off of the loop are MN and SC zoning.

00:16:39.400 --> 00:16:42.320
 That would be that commercial component that you're looking for.

00:16:42.320 --> 00:16:48.080
 When we look at this as a transitional area from the northern residential units that you

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

00:16:54.080 --> 00:16:56.320
 with the development patterns that we're seeing.

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

00:17:04.880 --> 00:17:06.880
 components that you see there.

00:17:06.880 --> 00:17:07.880
 Okay.

00:17:07.880 --> 00:17:14.000
 I think that's it for now as I continue to ponder anything else.

00:17:14.000 --> 00:17:16.520
 Commissioner Villarreal.

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

00:17:22.440 --> 00:17:32.200
 we received any data points suggesting that a TIA done during COVID could unintentionally

00:17:32.200 --> 00:17:37.060
 undercount the amount of traffic we're expected to see?

00:17:37.060 --> 00:17:40.000
 Haley indicates that she has an answer for that one.

00:17:40.000 --> 00:17:41.000
 Okay.

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

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.

00:17:49.640 --> 00:17:55.040
 She indicated that although the analysis was done during the pandemic, they also made allowances

00:17:55.040 --> 00:17:59.520
 for additional traffic being added to their numbers to make modifications to account for

00:17:59.520 --> 00:18:02.240
 that presumed reduction.

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

00:18:05.640 --> 00:18:08.960
 our understanding is that they did account for some additional trips beyond what they

00:18:08.960 --> 00:18:12.640
 saw when they did the traffic counts, assuming that there was a certain reduction in vehicle

00:18:12.640 --> 00:18:17.480
 traffic due to COVID, but if the commission has concerns with that, we can certainly ask

00:18:17.480 --> 00:18:23.320
 the applicant to speak to that further tonight as they should have some of that background

00:18:23.320 --> 00:18:24.320
 information.

00:18:24.320 --> 00:18:25.320
 Commissioner Anderson.

00:18:25.320 --> 00:18:26.320
 Yeah, thanks.

00:18:26.320 --> 00:18:31.040
 Yeah, that would be good because since then, that neighborhood on the north side of the

00:18:31.040 --> 00:18:32.840
 football stadium has almost been developed.

00:18:32.840 --> 00:18:37.680
 You're going to have how many apartments and horizontal housing there?

00:18:37.680 --> 00:18:43.360
 Friday night, football traffic already backs up on loop 288 and 428 on the south side.

00:18:43.360 --> 00:18:46.760
 I mean, I'm looking at this and I see traffic nightmare.

00:18:46.760 --> 00:18:49.080
 That's what it's going to be.

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

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

00:19:03.920 --> 00:19:10.600
 session to that complex, so did they speak to that at all?

00:19:10.600 --> 00:19:14.640
 I haven't read the document myself, but it is my understanding that they made allowances

00:19:14.640 --> 00:19:20.560
 for additional trips for those factors, such as school and COVID.

00:19:20.560 --> 00:19:23.520
 So I believe that is included, but we can certainly look into that further.

00:19:23.520 --> 00:19:24.520
 Okay.

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

00:19:28.440 --> 00:19:31.000
 the applicant has those answers anyway for us, so.

00:19:31.000 --> 00:19:32.000
 Yeah, sure.

00:19:32.000 --> 00:19:33.000
 Okay.

00:19:33.000 --> 00:19:34.000
 Anything else right now?

00:19:34.000 --> 00:19:35.000
 Okay.

00:19:35.000 --> 00:19:36.000
 Thank you, Angie, very much.

00:19:36.000 --> 00:19:37.000
 Thank you.

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

00:19:43.120 --> 00:19:48.440
 report, and that is Receive a Report, Hold a Discussion Regarding Regulations and Procedures

00:19:48.440 --> 00:19:51.780
 Related to Public Hearing Notification.

00:19:51.780 --> 00:20:02.860
 Good evening, Julie Wyatt here for a boot camp on public notification.

00:20:02.860 --> 00:20:07.880
 I believe this came about, Commissioner Smith asked us a while ago.

00:20:07.880 --> 00:20:16.760
 I think it was 2020, it might be 2018 or 2019.

00:20:16.760 --> 00:20:22.720
 But specifically regarding notification in the ETJ, we thought we would just expound

00:20:22.720 --> 00:20:28.280
 upon that and just have a refresher about public notification regarding the state of

00:20:28.280 --> 00:20:31.200
 Texas and also what we do here in the city of Denton.

00:20:31.200 --> 00:20:36.280
 So here we are, we're talking about that tonight.

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

00:20:41.060 --> 00:20:48.360
 notification, what the requirements are in terms of the ETJ, what does the DDC require,

00:20:48.360 --> 00:20:53.720
 and then just other notification resources within the city of Denton.

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.

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

00:21:02.800 --> 00:21:07.100
 to talk about like why we do that.

00:21:07.100 --> 00:21:10.240
 So first we want to ensure transparency in our zoning rules.

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

00:21:16.120 --> 00:21:19.320
 when that changes.

00:21:19.320 --> 00:21:26.860
 We want to inform citizens of potential uses and development scale on a property.

00:21:26.860 --> 00:21:29.840
 We want to inform citizens of upcoming public hearings.

00:21:29.840 --> 00:21:34.900
 We want them to know the time, the date, the place.

00:21:34.900 --> 00:21:41.000
 And then we also want to allow nearby property owners to provide feedback for any changes

00:21:41.000 --> 00:21:43.300
 to zoning.

00:21:43.300 --> 00:21:45.560
 Any other thoughts about why we do that?

00:21:45.560 --> 00:21:47.320
 Anybody want to throw out any ideas?

00:21:47.320 --> 00:21:48.320
 That's okay.

00:21:48.320 --> 00:21:51.760
 >> State law would be one of them because you have to.

00:21:51.760 --> 00:21:55.400
 >> And you also have to, yes, that's very good, absolutely.

00:21:55.400 --> 00:21:58.320
 It is absolutely a state law requirement.

00:21:58.320 --> 00:22:02.160
 And it's also a Denton Development Code requirement as well.

00:22:02.160 --> 00:22:06.120
 And so within the City of Denton, when is that public notification required?

00:22:06.120 --> 00:22:11.680
 Y'all are really familiar with that, but essentially any changes to our comprehensive plan, zoning,

00:22:11.680 --> 00:22:17.800
 either text or zoning map change, SUPs, you see those a lot.

00:22:17.800 --> 00:22:21.720
 Alternative ESA plans, you don't see those as often, but they do come up.

00:22:21.720 --> 00:22:27.080
 Also annexation and historic and conservation district designations also require public

00:22:27.080 --> 00:22:30.480
 notification.

00:22:30.480 --> 00:22:32.940
 So now let's get into the nitty gritty.

00:22:32.940 --> 00:22:34.200
 This is pretty text heavy.

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

00:22:39.000 --> 00:22:44.900
 Texas statute on here, but I've got some helpful hints within it.

00:22:44.900 --> 00:22:48.000
 Everything in bold is something that I want you to pay attention to.

00:22:48.000 --> 00:22:55.640
 And then also the items in blue, those are the translation for these state statutes.

00:22:55.640 --> 00:22:59.800
 They can be confusing and kind of overwritten sometimes.

00:22:59.800 --> 00:23:04.340
 And so we've got some helpful hints within there.

00:23:04.340 --> 00:23:05.360
 Excuse me.

00:23:05.360 --> 00:23:10.840
 So the first thing I want to talk about is Section 211.007.

00:23:10.840 --> 00:23:13.680
 This is related to the Zoning Commission.

00:23:13.680 --> 00:23:18.280
 And this is in Chapter 211 of the Texas Local Government Code.

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

00:23:25.000 --> 00:23:29.800
 this, that's a letter of each public hearing before the Zoning Commission of a proposed

00:23:29.800 --> 00:23:32.280
 change in a zoning classification.

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

00:23:38.040 --> 00:23:41.560
 most recently approved municipal tax roll.

00:23:41.560 --> 00:23:43.800
 And I have municipal underline.

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

00:23:48.080 --> 00:23:49.080
 regarding the ETJ.

00:23:49.080 --> 00:23:52.720
 And we'll talk about that more in an upcoming slide.

00:23:52.720 --> 00:23:57.440
 But essentially any property within our city boundary, because they are the ones who pay

00:23:57.440 --> 00:24:04.960
 those municipal taxes, of real property within 200 feet of the property on which a zoning

00:24:04.960 --> 00:24:08.720
 on which the change in classification is proposed.

00:24:08.720 --> 00:24:10.680
 That's our subject site.

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

00:24:14.360 --> 00:24:17.720
 it has to be sent by United States mail.

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

00:24:21.960 --> 00:24:22.960
 mail.

00:24:22.960 --> 00:24:25.680
 We've since modified that.

00:24:25.680 --> 00:24:29.720
 Commissioner Ellis is nodding her head, so she remembers those days.

00:24:29.720 --> 00:24:32.560
 We used to send all of these notices by certified mail.

00:24:32.560 --> 00:24:36.920
 We've since just sent them by regular mail.

00:24:36.920 --> 00:24:39.900
 And this is what's known as a mailed notice.

00:24:39.900 --> 00:24:45.040
 We call it by other things, but essentially that's the mailing.

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

00:24:51.520 --> 00:24:52.680
 meetings.

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

00:24:58.360 --> 00:25:03.960
 sent to send to property owners, that is only for the planning and zoning commission meeting.

00:25:03.960 --> 00:25:09.640
 So it's just for that first public hearing and the dual public hearing requirement.

00:25:09.640 --> 00:25:11.200
 Any questions on any of this?

00:25:11.200 --> 00:25:15.400
 This should be pretty standard for y'all.

00:25:15.400 --> 00:25:18.640
 So we'll talk a little bit more about that ETJ.

00:25:18.640 --> 00:25:25.800
 So remember, the state requirement, it's sent to the municipal tax roll.

00:25:25.800 --> 00:25:33.000
 And the state of Texas attorney general actually gave further clarification on this to municipalities

00:25:33.000 --> 00:25:36.160
 because this does come up from time to time.

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

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

00:25:50.480 --> 00:25:56.800
 geographic limits and ownership as indicated on the most recently approved city tax roll.

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

00:26:01.840 --> 00:26:07.320
 outside of the city limits because they are not within our municipal tax roll.

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

00:26:12.320 --> 00:26:18.160
 the planning and zoning commission or the city or the city council.

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.

00:26:25.080 --> 00:26:27.800
 Does that make sense?

00:26:27.800 --> 00:26:30.560
 Any questions?

00:26:30.560 --> 00:26:32.720
 Commissioner Smith.

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

00:26:40.080 --> 00:26:41.980
 when this was brought up.

00:26:41.980 --> 00:26:47.240
 There was an apartment complex off of 377 that was right at Cross Street.

00:26:47.240 --> 00:26:48.720
 I can't remember what it's Cross Street.

00:26:48.720 --> 00:26:49.720
 Brush Creek, I think.

00:26:49.720 --> 00:26:50.720
 Was it Brush Creek?

00:26:50.720 --> 00:26:53.400
 Man, your memory is way better four years ago than mine was.

00:26:53.400 --> 00:26:54.400
 Okay.

00:26:54.400 --> 00:26:55.400
 Haley agreed.

00:26:55.400 --> 00:27:00.160
 So there was ETJ behind the subject property.

00:27:00.160 --> 00:27:03.760
 Maybe there was strip zoning along 377.

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

00:27:08.760 --> 00:27:09.760
 limits.

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

00:27:15.880 --> 00:27:18.080
 over here got a notice, but I didn't get a notice.

00:27:18.080 --> 00:27:19.280
 Why didn't I get a notice?"

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

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

00:27:29.480 --> 00:27:36.360
 that it won't count towards the protest procedures within Texas local government code?

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

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

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...

00:27:54.100 --> 00:27:56.320
 It's kind of a you lose on both ends there.

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

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

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

00:28:09.520 --> 00:28:12.360
 notify them, they feel bad about it.

00:28:12.360 --> 00:28:14.480
 It's a sticky wicket, I agree.

00:28:14.480 --> 00:28:18.120
 I don't know if Haley wants to add anything to it.

00:28:18.120 --> 00:28:25.200
 There are other provisions that the city does that gives that notification, and so maybe

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

00:28:30.400 --> 00:28:33.080
 beyond what that state law requires.

00:28:33.080 --> 00:28:35.840
 So, maybe that'll answer the question.

00:28:35.840 --> 00:28:37.440
 If not, we could certainly come back to it.

00:28:37.440 --> 00:28:39.920
 Would that be all right?

00:28:39.920 --> 00:28:41.580
 Great.

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

00:28:48.680 --> 00:28:53.440
 governing adoption of zoning regulations in district boundaries.

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

00:28:59.440 --> 00:29:04.080
 DDC regulations, or boundary, and that would be a map change, so changing the color on

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

00:29:12.480 --> 00:29:17.440
 which parties in interest and citizens have an opportunity to be heard.

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

00:29:24.360 --> 00:29:28.440
 place of the hearing must be published in the official newspaper, or a newspaper of

00:29:28.440 --> 00:29:29.980
 general circulation.

00:29:29.980 --> 00:29:33.240
 Within the city of Denton, that is the Denton Record Chronicle.

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.

00:29:39.280 --> 00:29:44.080
 The city of Denton is home rule city, so that wouldn't apply.

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.

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

00:29:58.320 --> 00:30:03.360
 of Texas requires is a mailed notice for the planning and zoning commission, and then a

00:30:03.360 --> 00:30:06.800
 newspaper notice for city council.

00:30:06.800 --> 00:30:12.080
 Remember the mailed notice is 12 days before the meeting, and then the newspaper notice

00:30:12.080 --> 00:30:15.720
 is 17 days prior to the meeting.

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

00:30:21.840 --> 00:30:23.040
 the map.

00:30:23.040 --> 00:30:29.760
 The newspaper notice would be required for a change in the Denton Development Code text,

00:30:29.760 --> 00:30:32.480
 and also a change in the color in the map.

00:30:32.480 --> 00:30:35.560
 So clear as mud on that one.

00:30:35.560 --> 00:30:36.860
 Denton goes further.

00:30:36.860 --> 00:30:42.080
 Denton requires those items, but they also require a newspaper notice for the planning

00:30:42.080 --> 00:30:43.220
 and zoning commission.

00:30:43.220 --> 00:30:46.600
 So we go one step further on the newspaper notice.

00:30:46.600 --> 00:30:52.280
 We also require postcard notice for residents within a 500 foot buffer, so we take that

00:30:52.280 --> 00:30:54.660
 mailed notice a little further.

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

00:31:00.040 --> 00:31:03.760
 roadway, and that is something that the applicants do.

00:31:03.760 --> 00:31:08.080
 And then we also place a notice on the city's website.

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

00:31:13.800 --> 00:31:20.960
 be notified, those residents within the ETJ, or maybe those outside of that 200 foot boundary.

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.

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

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

00:31:35.780 --> 00:31:43.700
 that those signs be placed on the property.

00:31:43.700 --> 00:31:44.700
 Commissioner Pruitt?

00:31:44.700 --> 00:31:46.120
 Thank you, Chair.

00:31:46.120 --> 00:31:47.120
 Just one question.

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

00:31:53.040 --> 00:31:55.300
 is done by utility address?

00:31:55.300 --> 00:31:57.760
 That is a great question, yes.

00:31:57.760 --> 00:32:03.940
 And I'm assuming we have more access to DME utility lists.

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

00:32:09.800 --> 00:32:13.800
 the city of Denton but served by Encore?

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.

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

00:32:24.280 --> 00:32:28.320
 500 foot public notify, oh, you're talking about the flip side.

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

00:32:32.560 --> 00:32:34.840
 because there's a few weird spaces.

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

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.

00:32:48.800 --> 00:32:53.080
 So I believe those utility notices would come from that pool.

00:32:53.080 --> 00:32:54.920
 Got it, thank you.

00:32:54.920 --> 00:32:57.040
 Great question, though.

00:32:57.040 --> 00:32:58.400
 Questions?

00:32:58.400 --> 00:33:07.760
 Julie, when you mentioned, you know, on the city's website, exactly where is that?

00:33:07.760 --> 00:33:09.840
 It can be challenging to find.

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

00:33:14.720 --> 00:33:15.720
 say something else.

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

00:33:21.320 --> 00:33:26.480
 the project number, but it is challenging.

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

00:33:30.960 --> 00:33:36.560
 something that our citizens can opt into to get additional notifications.

00:33:36.560 --> 00:33:44.840
 So it can be somewhat difficult to find, though.

00:33:44.840 --> 00:33:47.340
 So now let's get to, so we've gone over state law.

00:33:47.340 --> 00:33:49.520
 It just has those two notifications.

00:33:49.520 --> 00:33:54.760
 The city of Denton goes above and beyond that, so let's talk further about that.

00:33:54.760 --> 00:33:58.800
 In subchapter two, we have table 2.2-A.

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

00:34:03.040 --> 00:34:04.040
 in this.

00:34:04.040 --> 00:34:07.280
 It's got the items that require public notification.

00:34:07.280 --> 00:34:12.400
 That's that comp plan amendment, those zoning amendments, specific use permit, and then

00:34:12.400 --> 00:34:17.960
 alternative ESA plan, and then what public notices are required for each of those.

00:34:17.960 --> 00:34:24.120
 And really, all of them require the online, the mailed, the published, which is the newspaper

00:34:24.120 --> 00:34:28.600
 notice, and then the posted sign, except for that DDC text amendment.

00:34:28.600 --> 00:34:31.240
 And that makes sense because that isn't property specific.

00:34:31.240 --> 00:34:35.280
 It is specific to the rules of the road for the entire city.

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

00:34:40.120 --> 00:34:41.120
 notification.

00:34:41.120 --> 00:34:48.980
 I believe we also send out a notification per city council's request to push notification

00:34:48.980 --> 00:34:58.320
 from our application system just to let the development community know what those changes

00:34:58.320 --> 00:35:06.240
 are, so we don't catch them by surprise for any DDC text amendments.

00:35:06.240 --> 00:35:09.920
 Subchapter two goes further regarding public notification.

00:35:09.920 --> 00:35:15.120
 We have the public notice requirements in terms of scheduling those public notices,

00:35:15.120 --> 00:35:20.560
 and just references once again that table that we just went over that within the application

00:35:20.560 --> 00:35:25.240
 received, it would need to follow those public notification requirements.

00:35:25.240 --> 00:35:31.240
 C, I just want to point out, constructive notice.

00:35:31.240 --> 00:35:38.480
 Nothing strikes fear in the heart of a planner like an error in your public notification.

00:35:38.480 --> 00:35:41.000
 It wakes you up in the middle of the night in a cold sweat.

00:35:41.000 --> 00:35:42.000
 Did I send that notice?

00:35:42.000 --> 00:35:44.380
 Did I make a mistake in that notice?

00:35:44.380 --> 00:35:47.420
 So nothing will strike fear.

00:35:47.420 --> 00:35:53.240
 Maybe we should dress up for that as Halloween because it is very scary.

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

00:35:59.000 --> 00:36:05.520
 impair the notice if there was something like a grammatical error or a spelling error.

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

00:36:14.040 --> 00:36:17.080
 would really have a serious notification error.

00:36:17.080 --> 00:36:22.240
 You'd have to redo it.

00:36:22.240 --> 00:36:26.720
 And then failure, the DDC also talks about failure to receive notice.

00:36:26.720 --> 00:36:28.520
 We've kind of heard it before.

00:36:28.520 --> 00:36:33.480
 Somebody comes to public hearing and says, "I didn't get the notice."

00:36:33.480 --> 00:36:40.720
 Having that notice is that city responsibility.

00:36:40.720 --> 00:36:44.680
 Sometimes maybe that letter wasn't received.

00:36:44.680 --> 00:36:47.080
 Maybe they didn't see it in their mailbox.

00:36:47.080 --> 00:36:52.160
 That would not invalidate that notification if they didn't physically receive that notice

00:36:52.160 --> 00:36:55.400
 as long as it was mailed.

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,

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

00:37:09.240 --> 00:37:13.000
 jumps in in that, where do we need to re-notice?

00:37:13.000 --> 00:37:15.520
 The city of Denton is not...

00:37:15.520 --> 00:37:18.220
 Our zoning districts are set up that they...

00:37:18.220 --> 00:37:22.800
 There isn't always a very clear progression in intensity.

00:37:22.800 --> 00:37:29.800
 We have a lot of mixed-use districts that could be challenging to determine whether

00:37:29.800 --> 00:37:36.800
 or not that there is a change in intensity requiring a new notification.

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

00:37:41.780 --> 00:37:46.560
 in that request, that we require a re-notification.

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

00:37:53.000 --> 00:37:57.420
 related to the nature of our zoning districts.

00:37:57.420 --> 00:38:01.520
 So here is the menu of the items that we send out.

00:38:01.520 --> 00:38:08.720
 I know we talked about them earlier in the presentation, but here we have the notices

00:38:08.720 --> 00:38:10.440
 that are posted by the applicant.

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,

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.

00:38:27.900 --> 00:38:30.800
 We try to give more information in that 200-foot letter.

00:38:30.800 --> 00:38:33.400
 If it's an SUP, we include a site plan.

00:38:33.400 --> 00:38:35.920
 If it's a PD, we include a site plan.

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

00:38:40.600 --> 00:38:43.100
 of an idea where the project is going to be.

00:38:43.100 --> 00:38:45.040
 We always have that contact information.

00:38:45.040 --> 00:38:47.640
 We want to make sure that they can contact us.

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

00:38:52.600 --> 00:38:57.560
 can either mail it in, they can email it, or they can fax it in.

00:38:57.560 --> 00:38:59.760
 We also have an e-comment.

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

00:39:07.320 --> 00:39:14.080
 e-comment to your meetings, and I know that's something that comes in quite frequently.

00:39:14.080 --> 00:39:18.600
 And then finally, we have a new item.

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

00:39:25.120 --> 00:39:28.760
 notifications when a project comes in.

00:39:28.760 --> 00:39:31.320
 This launched in August of last year.

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

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.

00:39:43.600 --> 00:39:46.120
 So there's a boundary that they can choose.

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,

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

00:39:58.100 --> 00:40:01.220
 of the city of Denton and said, "We want five miles from there," which would essentially

00:40:01.220 --> 00:40:06.500
 capture most of the city, if not all.

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

00:40:11.180 --> 00:40:12.780
 of Denton.

00:40:12.780 --> 00:40:14.160
 So that concludes the presentation.

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

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

00:40:23.120 --> 00:40:24.120
 questions.

00:40:24.120 --> 00:40:25.120
 >> Commissioner McDade.

00:40:25.120 --> 00:40:26.120
 >> Thank you, Madam Chair.

00:40:26.120 --> 00:40:34.000
 I just have a question about the 200 and 500 feet buffers.

00:40:34.000 --> 00:40:35.000
 >> Sure.

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

00:40:45.480 --> 00:40:47.520
 about the property, correct?

00:40:47.520 --> 00:40:48.520
 >> Correct.

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

00:40:53.080 --> 00:40:54.080
 action.

00:40:54.080 --> 00:40:55.080
 >> Right, right, right.

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

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

00:41:04.560 --> 00:41:08.840
 something built in the neighborhood and you have no idea what's being done.

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

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

00:41:19.360 --> 00:41:21.680
 like I don't know what's going on over there.

00:41:21.680 --> 00:41:25.840
 And then to be told, well, it's already zoned for what I want.

00:41:25.840 --> 00:41:28.040
 So I didn't feel that need.

00:41:28.040 --> 00:41:30.600
 >> It is at the discretion of the applicant.

00:41:30.600 --> 00:41:31.600
 Yes, sir.

00:41:31.600 --> 00:41:35.760
 >> Excellent, thank you.

00:41:35.760 --> 00:41:36.760
 >> More questions for Julie?

00:41:36.760 --> 00:41:37.760
 Commissioner Smith.

00:41:37.760 --> 00:41:38.760
 >> Hey, Chair.

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.

00:41:43.920 --> 00:41:46.600
 So we'll just move on from that conversation.

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.

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.

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

00:42:04.640 --> 00:42:10.320
 concerned and interested citizens to come in there and know, hey, you're here.

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

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

00:42:21.400 --> 00:42:28.020
 August 2022 isn't maybe exactly the number that we would expect there to be enrolled

00:42:28.020 --> 00:42:29.320
 in those push notifications.

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

00:42:34.600 --> 00:42:35.600
 up.

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

00:42:39.160 --> 00:42:41.200
 there is like throw that PSA out there.

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

00:42:44.720 --> 00:42:46.760
 throw stuff at us video at the very beginning?

00:42:46.760 --> 00:42:47.760
 That could be the PNZ.

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

00:42:52.940 --> 00:42:57.340
 about what's happening in your planning and zoning areas, sign up online at this website.

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

00:43:02.440 --> 00:43:03.440
 very good.

00:43:03.440 --> 00:43:07.600
 Well, if I might, I don't know that that's easy to find either.

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

00:43:13.220 --> 00:43:19.180
 services, which most citizens wouldn't necessarily even know to click on that department.

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.

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

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

00:43:40.960 --> 00:43:45.320
 development notices, that honestly should be on the front page of our website.

00:43:45.320 --> 00:43:51.160
 You should not have to go to departments, click on development services to look at notices.

00:43:51.160 --> 00:43:53.840
 Personally, I just think we can make it easier.

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,

00:44:02.280 --> 00:44:03.760
 I'm sorry.

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

00:44:10.680 --> 00:44:12.740
 down there or something like that.

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

00:44:17.080 --> 00:44:21.780
 know, versus going and clicking here and then here and then getting it.

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

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

00:44:34.920 --> 00:44:35.920
 to.

00:44:35.920 --> 00:44:39.440
 Even after e-comment, sorry, even after the e-comment, because I think I remember when

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

00:44:45.560 --> 00:44:46.560
 more than a couple of them.

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

00:44:51.220 --> 00:44:55.040
 ways we can go in there and say like, thank you for submitting your e-comment.

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

00:44:57.960 --> 00:44:58.960
 to sign up.

00:44:58.960 --> 00:45:00.200
 Boom, here, that kind of stuff.

00:45:00.200 --> 00:45:01.200
 Yeah, sure.

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

00:45:05.760 --> 00:45:09.720
 whenever there's notifications coming out from city councils, you kind of cover it too, right?

00:45:09.720 --> 00:45:13.120
 So it's development, PNZ and the city council.

00:45:13.120 --> 00:45:16.280
 So it's pushing out those notifications that would normally come out.

00:45:16.280 --> 00:45:17.280
 So everyone always knows.

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

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

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,

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

00:45:38.360 --> 00:45:43.320
 whole conversation started out of the fact of hearing from citizens of, I didn't feel

00:45:43.320 --> 00:45:45.000
 like I was notified.

00:45:45.000 --> 00:45:46.000
 Okay.

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

00:45:50.320 --> 00:45:51.320
 to a degree.

00:45:51.320 --> 00:45:52.960
 And so this just seems like something we talk about.

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

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

00:46:00.600 --> 00:46:02.240
 most enjoyable thing to do.

00:46:02.240 --> 00:46:03.240
 I understand.

00:46:03.240 --> 00:46:04.240
 That's good.

00:46:04.240 --> 00:46:05.240
 Yeah.

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

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

00:46:12.240 --> 00:46:13.760
 that we're putting out there.

00:46:13.760 --> 00:46:18.920
 So I think any improvements we can do to that is helpful in that regard.

00:46:18.920 --> 00:46:19.920
 Yeah.

00:46:19.920 --> 00:46:21.680
 As I say, no need to mention it at matrix time.

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.

00:46:26.880 --> 00:46:31.440
 I know they've recently helped us make things like our applications and checklist more readily

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

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

00:46:40.120 --> 00:46:41.120
 here.

00:46:41.120 --> 00:46:42.120
 Absolutely.

00:46:42.120 --> 00:46:43.120
 Yeah, it's great feedback.

00:46:43.120 --> 00:46:44.120
 It's been lost.

00:46:44.120 --> 00:46:45.960
 And you know, we all are on it all the time.

00:46:45.960 --> 00:46:46.960
 You all are on it.

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

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

00:46:54.920 --> 00:47:00.640
 Commissioner Smith's point, when you think about, like, we have very -- we do have very

00:47:00.640 --> 00:47:05.000
 involved citizens in our public hearings, and the fact that only 102 signed up since

00:47:05.000 --> 00:47:08.240
 then is saying we're missing something with regard to that.

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.

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

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

00:47:21.880 --> 00:47:23.400
 the talk, let's see if you can walk the walk.

00:47:23.400 --> 00:47:25.160
 You want to get notified, get notified.

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

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

00:47:33.600 --> 00:47:34.600
 up for it, buddy.

00:47:34.600 --> 00:47:35.600
 It's on you.

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

00:47:39.200 --> 00:47:40.200
 with.

00:47:40.200 --> 00:47:42.120
 And we will definitely continue on that.

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,

00:47:48.000 --> 00:47:50.360
 this is never going to be 100% perfect, right?

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

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,

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

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

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

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.

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

00:48:26.680 --> 00:48:31.600
 kind of way to make that a little bit better, but they can certainly opt in.

00:48:31.600 --> 00:48:35.480
 They don't have to live in the city to opt in to notices, so, yeah.

00:48:35.480 --> 00:48:36.480
 Okay.

00:48:36.480 --> 00:48:37.480
 Commissioner Pruitt.

00:48:37.480 --> 00:48:38.480
 Thank you.

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

00:48:46.480 --> 00:48:48.720
 through how to make this effective.

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

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

00:49:01.400 --> 00:49:06.960
 is to hear from a broader cross-section of the residents that we have.

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

00:49:15.960 --> 00:49:17.420
 200-foot boundary, right?

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

00:49:21.760 --> 00:49:27.440
 thinking of general public relations things that the city does, like the state of the

00:49:27.440 --> 00:49:28.440
 city event.

00:49:28.440 --> 00:49:32.160
 Like, could we set up a computer there that says, "Here, sign up right here," right?

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,

00:49:37.640 --> 00:49:38.640
 right?

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,

00:49:45.040 --> 00:49:46.040
 right?

00:49:46.040 --> 00:49:48.160
 Yeah, this is -- yeah, absolutely.

00:49:48.160 --> 00:49:49.160
 Greg?

00:49:49.160 --> 00:49:50.160
 Awesome, Neil.

00:49:50.160 --> 00:49:51.160
 Commissioner Smith.

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

00:49:56.720 --> 00:50:01.300
 to get to it in DCRC for a while, but Hillary.

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

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

00:50:16.240 --> 00:50:17.640
 but they're in the ETJ?

00:50:17.640 --> 00:50:18.640
 I ask it that way.

00:50:18.640 --> 00:50:19.640
 I know.

00:50:19.640 --> 00:50:20.640
 I know.

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

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

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

00:50:37.160 --> 00:50:38.160
 the 200-foot.

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

00:50:42.360 --> 00:50:43.880
 the property deal.

00:50:43.880 --> 00:50:52.400
 So is there specifically a liability for them being in the 200 that us prompting response

00:50:52.400 --> 00:50:54.760
 back opens up the city?

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

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

00:51:04.480 --> 00:51:06.840
 people now, "Thank you for your input."

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

00:51:11.520 --> 00:51:16.200
 matter in the same way that somebody who lives within 200 feet does.

00:51:16.200 --> 00:51:17.880
 So I don't know if that question makes sense.

00:51:17.880 --> 00:51:19.520
 I said a lot there.

00:51:19.520 --> 00:51:20.520
 I think it does.

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

00:51:27.800 --> 00:51:34.120
 heard at PNZ, what happens if they receive notification and wanna say something or wanna

00:51:34.120 --> 00:51:36.560
 protest and doesn't get counted?

00:51:36.560 --> 00:51:42.160
 And specifically, is there a reason why the city from a legal standpoint would sit there

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

00:51:48.800 --> 00:51:55.160
 property, them possibly having the appearance of having some sort of traditional impact

00:51:55.160 --> 00:51:56.240
 would be a problem."

00:51:56.240 --> 00:51:57.240
 Okay.

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.

00:52:01.760 --> 00:52:03.440
 Okay, perfect.

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

00:52:08.280 --> 00:52:16.360
 statute, it's municipal properties on the municipal tax roll within 200 feet.

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

00:52:22.560 --> 00:52:23.560
 question.

00:52:23.560 --> 00:52:27.680
 And I just, I like to talk to MAC before I give risk assessments.

00:52:27.680 --> 00:52:29.520
 So that's something I can report back on.

00:52:29.520 --> 00:52:30.520
 Yeah.

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

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

00:52:40.360 --> 00:52:44.280
 postcard, that kind of stuff, just something that they physically have.

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,

00:52:50.120 --> 00:52:53.720
 it's gonna happen more and more as we keep growing.

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

00:52:59.580 --> 00:53:05.280
 more and more into specifically properties that are along the ETJ, heck, properties that

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

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

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

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

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

00:53:25.240 --> 00:53:30.460
 start campaigning for it, so, but it just seems like it's something that the liability

00:53:30.460 --> 00:53:34.640
 issue scares away from something that I think isn't as big of an issue.

00:53:34.640 --> 00:53:37.320
 I think that's a good point.

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

00:53:40.840 --> 00:53:45.640
 give us that, that opinion once you and Matt talk through things and.

00:53:45.640 --> 00:53:46.640
 Absolutely.

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?

00:53:52.440 --> 00:53:58.720
 Yeah, because, yeah, I mean, to Commissioner, well, Commissioner Smith's point, if we're

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

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

00:54:11.440 --> 00:54:16.840
 out or whatnot, but it just wouldn't count for that percentage factor and basically,

00:54:16.840 --> 00:54:19.400
 yeah, are we getting in trouble if that's the case?

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

00:54:24.240 --> 00:54:26.280
 have that discussion.

00:54:26.280 --> 00:54:28.800
 Any other questions for Julie?

00:54:28.800 --> 00:54:29.800
 Commissioner Cole.

00:54:29.800 --> 00:54:30.800
 Thank you, Chair.

00:54:30.800 --> 00:54:37.880
 I'd just go back to the people getting noticed by utility.

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

00:54:44.120 --> 00:54:56.760
 are co-serve/encore on water well, propane for whatever, they're not gonna, you know.

00:54:56.760 --> 00:55:06.360
 I don't think, oh, maybe, I gotta check on that.

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

00:55:16.400 --> 00:55:17.400
 hitting at that.

00:55:17.400 --> 00:55:25.260
 It is a challenging problem because, and we've changed the utility addresses, Haley, maybe

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

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

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

00:55:44.720 --> 00:55:45.720
 owners.

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.

00:55:47.920 --> 00:55:52.920
 They were making sure we capture everyone at the multifamily address, not just sending

00:55:52.920 --> 00:55:58.840
 a notice to the property ownership office, basically, and at the end of the day, ultimately,

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

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

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

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.

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

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

00:56:37.840 --> 00:56:44.080
 newsletter or something? And I bring this up because, you know, as we draw that line

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

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

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

00:57:05.600 --> 00:57:11.320
 massive development got notifications, and again, I know they passed the sign and whatnot,

00:57:11.320 --> 00:57:14.720
 but you know, not everybody pays attention to that kind of thing. You know, that would

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

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?

00:57:25.400 --> 00:57:29.520
 - I think we notify the HOAs, don't we, if they have an organized HOA?

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,

00:57:35.680 --> 00:57:39.520
 then they will receive the notice. It goes to whatever address they've registered with

00:57:39.520 --> 00:57:45.080
 DCAD, but with the city does have a list of HOAs that have essentially made themselves

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

00:57:48.440 --> 00:57:53.680
 is our current president, and so for those that we have that are basically registered

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,

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

00:58:03.320 --> 00:58:05.320
 we send them a notice as well and add them to the list.

00:58:05.320 --> 00:58:07.080
 - Okay, so we're already doing that, okay.

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

00:58:10.760 --> 00:58:12.560
 of or contact information for.

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?

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

00:58:22.120 --> 00:58:25.620
 on the list, then they probably didn't get it.

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,

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

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

00:58:38.120 --> 00:58:41.120
 an organized HOA and we want to be kept informed of things, so.

00:58:41.120 --> 00:58:42.960
 - Okay, understood, thank you.

00:58:42.960 --> 00:58:45.240
 - Anything else? Commissioner Pruitt?

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

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

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

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,

00:59:19.060 --> 00:59:21.160
 or has that ever come up?

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

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

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.

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

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

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

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

01:00:12.740 --> 01:00:16.840
 that happens very often. Hillary, did I do okay on that?

01:00:16.840 --> 01:00:17.840
 - You did great.

01:00:17.840 --> 01:00:18.840
 - Okay.

01:00:18.840 --> 01:00:19.840
 - Well, it's been 10 years.

01:00:19.840 --> 01:00:20.840
 - It's been 10 years.

01:00:20.840 --> 01:00:29.080
 - Anything else? Awesome discussion, you all. Julie, thank you.

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

01:00:35.400 --> 01:00:36.400
 better every time.

01:00:36.400 --> 01:00:38.400
 - Keep us informed of everything that's been updated. That would be great. Commissioner

01:00:38.400 --> 01:00:41.400
 Smith, thank you for putting it on The Matrix.

01:00:41.400 --> 01:00:43.880
 - Thank you for your stuff.

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.,

01:00:49.080 --> 01:00:57.160
 and we'll see you in council chambers at 6.30.

01:00:57.160 --> 01:01:00.200
 - Good evening, and welcome to the City of Denton's Planning and Zoning Commission meeting

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.

01:01:08.980 --> 01:01:14.200
 Next item on the agenda is the Pledge to the U.S. and Texas Flags.

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

01:01:21.200 --> 01:01:29.480
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

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

01:01:40.960 --> 01:01:41.960
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

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

01:01:42.960 --> 01:01:43.960
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

01:01:43.960 --> 01:01:44.960
 - Thank you.

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

01:01:50.160 --> 01:01:53.160
 1st, 2023. Commissioner Smith.

01:01:53.160 --> 01:01:54.640
 - Make a motion to approve.

01:01:54.640 --> 01:01:55.640
 - Commissioner Cole.

01:01:55.640 --> 01:01:56.640
 - Second.

01:01:56.640 --> 01:02:04.680
 - Got a first and a second for approval of the minutes for March 1st. Any discussion?

01:02:04.680 --> 01:02:13.840
 Let's go ahead and vote on the board, please.

01:02:13.840 --> 01:02:20.120
 That motion carries seven, zero. That will move us to our consent agenda this evening.

01:02:20.120 --> 01:02:21.120
 Commissioner Smith.

01:02:21.120 --> 01:02:23.000
 - Make a motion to approve.

01:02:23.000 --> 01:02:24.000
 - Commissioner Anderson.

01:02:24.000 --> 01:02:25.000
 - Second.

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?

01:02:31.320 --> 01:02:39.300
 Let's vote on the board, please.

01:02:39.300 --> 01:02:45.120
 That motion carries seven, zero. That will move us to our individual... Items for individual

01:02:45.120 --> 01:02:54.240
 consideration. Four A is FP230005. I'll invite Erin up to present this item. Good evening,

01:02:54.240 --> 01:02:55.240
 everyone.

01:02:55.240 --> 01:03:13.040
 - Okay. Oh. There we go. Okay, this is an extension request for FP230005. This is in

01:03:13.040 --> 01:03:20.300
 the North Point edition, phases seven and eight, and it is approximately 18.1 acres

01:03:20.300 --> 01:03:26.360
 to establish 63 residential lots. At this time, staff currently recommends denial as

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

01:03:32.080 --> 01:03:36.560
 extension, which could be granted to April 12th, 2023.

01:03:36.560 --> 01:03:44.120
 - Great. Thank you, Erin. Any questions for Erin? I do not see any. Commissioner Villarreal.

01:03:44.120 --> 01:03:48.720
 - I move approval of the extension request to a date certain of April 12th, 2023.

01:03:48.720 --> 01:03:50.600
 - Okay. And Commissioner Britt?

01:03:50.600 --> 01:03:51.600
 - Second.

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

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.

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

01:04:16.140 --> 01:04:19.120
 making her way to present this item.

01:04:19.120 --> 01:04:27.920
 - Good evening, members of the commission. Mia Hines, associate planner. This item is

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.

01:04:34.120 --> 01:04:39.000
 The original or the approved site plan was approved and reviewed by this body in April

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

01:04:42.520 --> 01:04:50.040
 differences with you with this presentation. The site itself is just under 30 acres, 28.75

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,

01:04:58.520 --> 01:05:04.880
 the base zoning for this property is RCCD located within the Razor Ranch Overlay District

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

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

01:05:22.000 --> 01:05:25.440
 zoning compliance plans. However, because this is in Razor Ranch, that's why this is

01:05:25.440 --> 01:05:33.200
 coming up before you. This particular site is subject to ordinance 2016-017, specifically

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

01:05:40.600 --> 01:05:46.960
 a site plan, landscape plan, and conceptual building elevation requirements. We confirm

01:05:46.960 --> 01:05:53.240
 that with those exhibits. Here is the criteria for approval found in

01:05:53.240 --> 01:06:00.960
 DDC sub-chapter 35 as it relates to Razor Ranch zoning compliance plans. Just briefly

01:06:00.960 --> 01:06:04.720
 going over these, we want to ensure that the site plan substantially complies to the concept

01:06:04.720 --> 01:06:08.280
 and schematic plan approved by council. We want to ensure that the site plan provides

01:06:08.280 --> 01:06:12.680
 for compatible arrangement of buildings, that the site plan provides for adequate and safe

01:06:12.680 --> 01:06:17.880
 circulation and that it fully complies with all other sections of the overlay district.

01:06:17.880 --> 01:06:25.840
 So here, and of course in your packet, is the proposed site plan. Initially, the approved

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

01:06:33.600 --> 01:06:40.820
 space with just under 1,300 parking spaces. With this new iteration, they are proposing

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

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

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

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

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

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

01:07:16.840 --> 01:07:23.120
 are being removed with this revised site plan. Additionally, the buildings there, the larger

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

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

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

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.

01:07:49.120 --> 01:07:55.560
 So here is the proposed landscape plan, and then the side by side comparison just showing

01:07:55.560 --> 01:08:01.120
 what was approved. Again, what is required is 10% landscape area and 25% minimum tree

01:08:01.120 --> 01:08:07.640
 canopy coverage. They are meeting or exceeding that with this proposed plan. The 29% was

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

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

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

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

01:08:35.280 --> 01:08:40.160
 that central drive is a little bit more further landscaped, and of course they removed those

01:08:40.160 --> 01:08:47.520
 out parcels to the north, and then this is what was approved with that original site

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

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

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

01:09:07.240 --> 01:09:14.880
 to soften up the interior corners of those larger buildings with some glass and some

01:09:14.880 --> 01:09:21.680
 green walls within that area, and then also furthering that landscape within that main

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

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

01:09:33.400 --> 01:09:38.480
 approval as it does adhere or meet all of the criteria that I discussed earlier, and

01:09:38.480 --> 01:09:42.240
 at this time I will take any questions or comments that you have.

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

01:09:51.560 --> 01:09:57.080
 speak on this individual consideration item, so I will invite Amy Bissett up.

01:09:57.080 --> 01:10:05.000
 Good evening commissioners. Hello, thank you. I have a presentation that I've prepared,

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

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

01:10:18.160 --> 01:10:27.120
 to speak on another item, I will forgo it unless you need me to make it.

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

01:10:32.840 --> 01:10:34.840
 we got our questions answered, but thank you for offering.

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

01:10:39.880 --> 01:10:43.680
 the developer in case you have questions for her as well. So all right, thank you.

01:10:43.680 --> 01:10:50.380
 Thank you so much. Commissioner Smith? Make a motion to approve.

01:10:50.380 --> 01:10:52.960
 Commissioner Anderson? A second.

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

01:11:01.200 --> 01:11:12.180
 and vote on the board please. That motion carries 7-0. That will move us

01:11:12.180 --> 01:11:19.040
 to 4C, PP 22-0021B. I invite Julie up for presentation on this item.

01:11:19.040 --> 01:11:26.120
 Good evening, Julie Wyatt, Senior Planner with the City of Denton. And I am presenting,

01:11:26.120 --> 01:11:33.760
 here we go, PP 22-0021B. This request is a preliminary plat for a multifamily project

01:11:33.760 --> 01:11:40.160
 that recently received specific use of permit approval from City Council. They still have

01:11:40.160 --> 01:11:44.200
 some items they need to work through on that preliminary plat, so staff is recommending

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

01:11:52.280 --> 01:11:54.720
 their extension request as we discussed in work session.

01:11:54.720 --> 01:11:58.120
 Correct, yes. One time only, yes. Okay, very good. Thank

01:11:58.120 --> 01:12:00.880
 you, Julie. Thank you. Commissioner Villarreal?

01:12:00.880 --> 01:12:04.280
 I move denial. Commissioner McDade?

01:12:04.280 --> 01:12:08.280
 A second. Okay, we've got a first and a second to deny

01:12:08.280 --> 01:12:24.120
 this request. Any discussion? Okay, let's go ahead and vote on the board please. That

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

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

01:12:38.880 --> 01:12:43.320
 again, Julie. All right, Julie Wyatt. This request is for

01:12:43.320 --> 01:12:50.000
 a commercial lot. It's a preliminary plat at the intersection of Loop 288 and McKinney.

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

01:12:54.960 --> 01:13:00.320
 to the April 12th Planning and Zoning Commission meeting, and staff has no objection to that.

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.

01:13:04.640 --> 01:13:06.480
 Thank you. Thank you so much. Commissioner Villarreal?

01:13:06.480 --> 01:13:12.280
 I move approval of the extension request to a date certain of April 12th, 2023.

01:13:12.280 --> 01:13:13.280
 Commissioner Cole? Second.

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

01:13:17.440 --> 01:13:25.440
 of April 12th, 2023. Seeing no one wishing to speak for discussion.

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

01:13:35.600 --> 01:13:43.560
 us to 4F, PP 22-0031B. Angie is up to present this item.

01:13:43.560 --> 01:13:49.520
 Good evening, everyone. Angie Mingler, Senior Planner Development Services. This is a preliminary

01:13:49.520 --> 01:13:55.680
 plat for Estella Hills. It is a residential subdivision of approximately 326 lots, located

01:13:55.680 --> 01:13:59.920
 on the south side of McKinney Street at the intersection of McKinney and Laney Circle.

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.

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

01:14:08.080 --> 01:14:11.480
 April 12th, 2023. Happy to answer any questions.

01:14:11.480 --> 01:14:15.780
 All right. Thanks, Angie. I do not see any questions. Thank you so much. Commissioner

01:14:15.780 --> 01:14:21.320
 Anderson? Thank you very much to approve the extension

01:14:21.320 --> 01:14:25.000
 of a date certain of April 12th, 2023. Commissioner Villarreal?

01:14:25.000 --> 01:14:28.280
 Second. We've got a first and a second for approval

01:14:28.280 --> 01:14:36.240
 of the extension request to a date certain of April 12th, 2023. Any discussion?

01:14:36.240 --> 01:14:45.480
 Let's vote on the board, please. That motion carries 7-0. That will take us

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

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

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

01:15:04.080 --> 01:15:12.040
 give us just a quick summary of what I haven't said yet? Thanks.

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,

01:15:18.280 --> 01:15:27.640
 but just of about seven acres on Camelot Drive that is located at the northwest intersection

01:15:27.640 --> 01:15:34.360
 of Stewart Road and Hercules. Some of the uses on the property are not consistent with

01:15:34.360 --> 01:15:41.120
 the existing zoning, and so staff was looking to potentially rezone that property from R3

01:15:41.120 --> 01:15:46.120
 to R7. That will come back before you with a full staff analysis in April.

01:15:46.120 --> 01:15:49.480
 I've got R6 on this agenda. Sorry, R6. I'm sorry. I apologize.

01:15:49.480 --> 01:15:53.680
 Just clarify. Yes, I misspoke. R3 to R6. Yes, thank you.

01:15:53.680 --> 01:15:58.120
 Very good. Thanks, Julie. Appreciate that. Commissioner Smith. Make a motion to approve

01:15:58.120 --> 01:16:02.640
 a postponement to date certain of April 12th. Commissioner, approve it.

01:16:02.640 --> 01:16:05.240
 Second. We've got a first and a second to postpone

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

01:16:13.920 --> 01:16:25.280
 vote on the board, please. That motion carries 7-0. That will move us

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

01:16:34.200 --> 01:16:39.200
 a presentation. Hi. Good evening. Angie Mengele, Senior Planner

01:16:39.200 --> 01:16:48.400
 at Development Services. Bear with me. I'm going to switch presentations real quick.

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

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

01:17:02.440 --> 01:17:08.200
 suburban corridor to a planned development with a base zoning of mixed use neighborhood.

01:17:08.200 --> 01:17:12.600
 The subject property does have a future land use designation in the 2040 Comprehensive

01:17:12.600 --> 01:17:17.480
 Plan of Community Mixed Use. The site today is predominantly undeveloped to consist of

01:17:17.480 --> 01:17:22.840
 open pasture, has a mature tree canopy throughout the site and a detention pond situated along

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

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

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

01:17:41.480 --> 01:17:47.680
 development. The zoning in the area is varied. It consists of existing suburban corridor,

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

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

01:17:58.160 --> 01:18:05.260
 corridor which does allow for multifamily development with the approval of an SUP permit.

01:18:05.260 --> 01:18:10.160
 This is a planned development request to facilitate the development of a multifamily project.

01:18:10.160 --> 01:18:14.480
 The reason this is a planned development is the project consists of approximately 52 what

01:18:14.480 --> 01:18:20.360
 we call horizontal multifamily units which are detached units for rent. At the time the

01:18:20.360 --> 01:18:26.840
 application was submitted in November of 2021, the DDC definitions did not capture this horizontal

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

01:18:32.240 --> 01:18:36.960
 a use that really captured what they were wanting to do so a planned development was

01:18:36.960 --> 01:18:42.760
 created to define what that meant and to adopt development standards. The DDC has since been

01:18:42.760 --> 01:18:49.720
 amended in the fall of 2022. Horizontal multi-living was worked into our overall definition for

01:18:49.720 --> 01:18:54.320
 multifamily. However, as this project had been through several iterations at that time

01:18:54.320 --> 01:18:58.020
 and there were some deviations from what you could get with straight zoning, staff did

01:18:58.020 --> 01:19:01.480
 determine it was appropriate to move forward with the planned development request rather

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

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

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

01:19:17.800 --> 01:19:25.280
 bit about the infrastructure in this region. The 2022 mobility plan does show FM 428 as

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

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

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

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

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

01:19:52.480 --> 01:19:57.120
 is currently constructed as a four-lane divided freeway. Within this development plan and

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

01:20:02.120 --> 01:20:07.760
 reserve 27 and a half feet for the future construction of a north-south residential

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

01:20:14.800 --> 01:20:20.120
 allow for a multifamily development. There are two primary uses that would be permitted

01:20:20.120 --> 01:20:25.400
 as part of that development. One is horizontal multifamily and the other is your traditional

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

01:20:30.280 --> 01:20:33.840
 areas that are in blue is where you would see your horizontal multifamily units. The

01:20:33.840 --> 01:20:38.800
 proposed development plan contemplates 52 of those units. As you move south closer to

01:20:38.800 --> 01:20:45.840
 Loop 288 you see your traditional mid-rise apartment units. There are five buildings

01:20:45.840 --> 01:20:52.920
 fronting along 288 and then moving into the interior of the site. Those total 305 units.

01:20:52.920 --> 01:20:56.360
 Other amenities that you would find on site are typical of multifamily developments. There's

01:20:56.360 --> 01:21:00.540
 a pool and amenity center. There's several small pocket parks that are linked together

01:21:00.540 --> 01:21:06.960
 through an internal trail system. The architectural standards that have been specified in the

01:21:06.960 --> 01:21:11.400
 development standards for the horizontal multi-living component are more similar to what you would

01:21:11.400 --> 01:21:15.400
 see for a single-family development rather than an apartment development. So they're

01:21:15.400 --> 01:21:21.320
 using those architectural standards and site design criteria rather than what straight

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

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

01:21:31.520 --> 01:21:36.340
 a reservation for a future residential street should future development in the area ever

01:21:36.340 --> 01:21:42.480
 necessitate that there be additional connectivity provided. So this reserves the half width

01:21:42.480 --> 01:21:47.480
 of our typical residential streets. As the area continues to develop if a TIA warrants

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

01:21:52.200 --> 01:22:00.120
 and the construction of that residential roadway. Just a little bit on the landscape plan.

01:22:00.120 --> 01:22:04.360
 The proposed development for lot one which is where the horizontal multifamily units

01:22:04.360 --> 01:22:09.520
 are is proposing 31 percent total landscape area with 50 percent mature tree canopy once

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

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

01:22:21.160 --> 01:22:25.960
 area and 40 percent tree canopy coverage at build out. There are some on-site amenities

01:22:25.960 --> 01:22:29.840
 throughout the site including a pedestrian trail that would connect individuals from the

01:22:29.840 --> 01:22:36.240
 multifamily units to the on-site amenities including the pool, the dog park and the little

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.

01:22:40.000 --> 01:22:47.120
 And then along the north and western areas where adjacent to existing or future possible

01:22:47.120 --> 01:22:52.540
 commercial development there's a landscape buffer that's provided there. You see an additional

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

01:23:00.580 --> 01:23:07.040
 impact analysis was performed for this development and called for three improvements to be made

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

01:23:11.520 --> 01:23:16.120
 southbound turn lane that you would find at driveway one. Driveway one is the most northern

01:23:16.120 --> 01:23:22.120
 driveway here and so the southbound turn way would be here along FM 428. Additionally the

01:23:22.120 --> 01:23:27.000
 TIA called for a northbound right hand turn lane desal lane that would be constructed

01:23:27.000 --> 01:23:31.680
 for driveways two and one. Driveway two would lead to what could be the future commercial

01:23:31.680 --> 01:23:39.320
 development would be constructed at this point but its intent is to serve that future commercial

01:23:39.320 --> 01:23:44.280
 development. It's being constructed as part of this overall phase. And then finally driveway

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

01:23:51.280 --> 01:23:58.080
 288 into driveway three which is approximately right about here on the site plan. When reviewing

01:23:58.080 --> 01:24:02.640
 this staff reviews this against our general criteria for approval as well as that of a

01:24:02.640 --> 01:24:06.560
 plan development or criteria for approval for plan developments and we find that this

01:24:06.560 --> 01:24:12.360
 is consistent with both of those sections in the DDC. Specifically it's consistent with

01:24:12.360 --> 01:24:17.480
 the comprehensive plan and the future land use goals as well as it provides a greater

01:24:17.480 --> 01:24:21.640
 level of design quality than what could be achieved with straight zoning. It's compatible

01:24:21.640 --> 01:24:25.840
 with the surrounding development patterns that we're seeing along loop 288 and there

01:24:25.840 --> 01:24:32.680
 are public facilities within the area that are adequate to serve the development. A little

01:24:32.680 --> 01:24:37.320
 bit more about the Denton 2040 comprehensive plan. The future land use does call for this

01:24:37.320 --> 01:24:42.880
 to develop as community mixed use. Community mixed use applies to key corridors in the

01:24:42.880 --> 01:24:47.960
 city and serves as a transitional area from residential to our commercial developments.

01:24:47.960 --> 01:24:53.040
 The residential component should be complementary to the commercial component but is allowed

01:24:53.040 --> 01:24:59.480
 and contemplated within the community mixed use future land use designation. Additionally

01:24:59.480 --> 01:25:04.360
 this development pattern that we're seeing it is consistent with the developments that

01:25:04.360 --> 01:25:09.260
 we've seen along loop 288 with the residential components and the multifamily developments

01:25:09.260 --> 01:25:15.120
 coming in and leaving the out parcels for future commercial development. This pattern

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

01:25:20.400 --> 01:25:25.160
 multifamily component and then the out parcels have been left for future commercial development

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

01:25:29.520 --> 01:25:34.480
 most recently an apartment complex was approved here for Sherman Crossing leaving these out

01:25:34.480 --> 01:25:42.120
 parcels along loop 288 zoned both MN and SC for future commercial development. The comprehensive

01:25:42.120 --> 01:25:47.440
 plan also recognizes that providing a diverse housing market with a variety of density styles

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

01:25:53.080 --> 01:25:57.840
 that in helping to provide those additional housing options in a variety of locations

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

01:26:05.120 --> 01:26:09.760
 a detailed list of deviations of what's being requested versus what could be allowed under

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

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

01:26:19.800 --> 01:26:24.040
 of permitted uses that could be allowed by right under that zoning district. As part

01:26:24.040 --> 01:26:30.340
 of this PD the allowed uses are limited to multifamily and horizontal multifamily as

01:26:30.340 --> 01:26:34.680
 well as the accessory uses you would typically see with those developments including an amenity

01:26:34.680 --> 01:26:42.320
 center a leasing center on site resident storage swimming pools but it really limits the amount

01:26:42.320 --> 01:26:47.640
 of uses that could be allowed under this PD should this be approved any deviation from

01:26:47.640 --> 01:26:53.640
 those uses would require a PD amendment similar to this process. And then the multifamily

01:26:53.640 --> 01:27:00.120
 site design under code today if a horizontal multifamily development were to come in they

01:27:00.120 --> 01:27:06.080
 would be subject to our multifamily development site design criteria and architectural standards.

01:27:06.080 --> 01:27:12.480
 This PD spell the architectural requirements and site design would follow the single family

01:27:12.480 --> 01:27:20.760
 development standards for the horizontal multi-living component creating more of a single family

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

01:27:26.820 --> 01:27:32.480
 multi-living component there's walking areas provided through and between the units they're

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

01:27:37.880 --> 01:27:42.560
 and then the architectural renderings that they've submitted have followed along with

01:27:42.560 --> 01:27:47.840
 that overall goal of the PD with those site design and orientation deviations that they're

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

01:27:55.680 --> 01:28:01.520
 have notified residents within 200 and 500 feet of the subject property as well as posted

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

01:28:07.960 --> 01:28:12.400
 responses in opposition that includes the e-comments that you all have been seeing come

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.

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

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

01:28:31.480 --> 01:28:35.920
 as this is consistent with our general criteria for approval and our criteria for approval

01:28:35.920 --> 01:28:40.680
 of plan development requests. The next step would be a public hearing at city council.

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

01:28:44.480 --> 01:28:49.520
 is also wishing to speak to you all this evening. Great thanks Angie. Commissioner Smith. Thank

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

01:28:54.520 --> 01:28:59.480
 as MN it could develop as multi-family not necessarily horizontal multi-family because

01:28:59.480 --> 01:29:04.400
 there's some other restrictions within there. It is currently zoned suburban corridor.

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

01:29:09.400 --> 01:29:15.440
 component. Understood. And then they're requesting a base zoning with this of MN which would

01:29:15.440 --> 01:29:19.680
 still allow for the horizontal multi-family component. You'd find some differences in

01:29:19.680 --> 01:29:26.200
 the site design and orientation. That's really, yes that's correct. Thank you. Commissioner

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

01:29:35.760 --> 01:29:42.080
 criteria with retail, it's my understanding that the number of traffic trips that are

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

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

01:29:52.520 --> 01:29:57.280
 correct? If I understand, let me make sure I understand the question. Is the question

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

01:30:02.520 --> 01:30:08.520
 development? Yes. Thank you. Okay. Don't know traffic generation maybe as well as some

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

01:30:17.240 --> 01:30:21.640
 don't know the exact ratios for the various uses but I believe retail typically falls

01:30:21.640 --> 01:30:26.520
 somewhere in between what's estimated for multi-family and single-family type uses so

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

01:30:32.000 --> 01:30:35.080
 that they tried to put there. For example restaurants would probably be a much higher

01:30:35.080 --> 01:30:40.800
 ratio than just strictly retail so I can't answer the question directly. It would probably

01:30:40.800 --> 01:30:45.000
 be comparable, maybe a little bit higher if they were looking more restaurant than strictly

01:30:45.000 --> 01:30:52.800
 retail uses. Commissioner McDade. Thank you Madam Chair. I know in the work session you

01:30:52.800 --> 01:30:59.040
 went over the traffic analysis. Could you go back over that? I know you mentioned I

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

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

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

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

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

01:31:31.240 --> 01:31:36.820
 asked was Stark Farms and Stewart Ridge taken into account and their eventual build outs.

01:31:36.820 --> 01:31:41.820
 Both of those numbers were added into the TIA to run those two developments at their

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

01:31:49.160 --> 01:31:53.520
 so that was factored in and then the surrounding developments that had already been entitled

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

01:31:59.440 --> 01:32:05.280
 as well they took into consideration that school. Yes DISD facilities were accounted

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

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

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.

01:32:22.120 --> 01:32:29.600
 She's the applicant on the project. Hello again. Good evening commissioners. Amy Bissett

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

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

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

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

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

01:32:58.080 --> 01:33:05.720
 saying that we were going to request that postponement but we out of respect for the

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

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

01:33:18.720 --> 01:33:23.680
 out tonight. So having said that the reason that we're requesting the postponement is

01:33:23.680 --> 01:33:30.080
 that some of the questions and concerns that have been raised over since public notifications

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

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

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

01:33:51.640 --> 01:33:59.900
 the property owner who has been a long time Denton resident and stakeholder in the community

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

01:34:07.480 --> 01:34:13.160
 of tonight's public hearing. I do want to address a couple of questions. One question

01:34:13.160 --> 01:34:19.460
 that came up in the work session was related to right of way reservation versus dedication.

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

01:34:26.400 --> 01:34:32.300
 line from Loop 28 to our northern property boundary. That northern property boundary

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.

01:34:41.760 --> 01:34:48.000
 We opposed right of way dedication because we believe that the Hartley Field residents

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

01:34:54.440 --> 01:34:59.600
 occurring to our north. I do want to talk a little bit about neighborhood engagement

01:34:59.600 --> 01:35:04.400
 as well. Angie mentioned one neighborhood meeting. We actually did hold two. The first

01:35:04.400 --> 01:35:09.960
 neighborhood meeting was on February 10th and mailed to everyone within the 500 foot

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

01:35:15.880 --> 01:35:21.600
 reach out to the North Denton Neighborhood Association and open it up to a full neighborhood

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

01:35:27.200 --> 01:35:34.640
 and then have provided follow-up information, documentation, answers to questions over the

01:35:34.640 --> 01:35:40.600
 course of several months after that. In just general timeline, we started in November of

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

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

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

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.

01:36:07.840 --> 01:36:12.960
 I mention that because I want to acknowledge the extremely unfortunate timing that this

01:36:12.960 --> 01:36:17.200
 is occurring right at the commencement of the small area planning process for North

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,

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

01:36:29.800 --> 01:36:37.540
 to that process. It's just extremely unfortunate. My client has spent 15 months and probably

01:36:37.540 --> 01:36:44.440
 well over $100,000 preparing for this public hearing this evening. We're here despite

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

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,

01:36:57.040 --> 01:37:02.020
 it was adjusted for the school year. Yes, it was adjusted for COVID. Five scenarios

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

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

01:37:18.040 --> 01:37:23.800
 traffic. They also specifically looked at the football games on Friday nights and how

01:37:23.800 --> 01:37:30.760
 that traffic correlates with the peak traffic for the development. The football game traffic

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

01:37:38.360 --> 01:37:45.400
 peak hours, they're not at the same time. It's not necessarily compounding the football

01:37:45.400 --> 01:37:52.240
 traffic, but I certainly acknowledge and understand everyone's concerns related to that.

01:37:52.240 --> 01:37:57.500
 We did update our traffic study in August of 2022. We originally had three driveways

01:37:57.500 --> 01:38:03.640
 located on Loop 288. We have reduced that down to one. In that traffic study update,

01:38:03.640 --> 01:38:10.360
 we also added the southbound turn lane into the development so that pulled traffic out

01:38:10.360 --> 01:38:18.160
 of the main lane that used to queue coming south on Sherman Drive. Our initial traffic

01:38:18.160 --> 01:38:24.940
 study was prior to the signalization of Loop 288 in Sherman. We updated the traffic study

01:38:24.940 --> 01:38:29.880
 to look at the signalization and how that affected the overall development as well.

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,

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

01:38:45.020 --> 01:38:49.760
 after we've had a chance to hear everyone tonight a postponement to March 29th. Thank

01:38:49.760 --> 01:38:50.760
 you.

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

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

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

01:39:08.600 --> 01:39:10.480
 use. Can you speak to that at all?

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

01:39:18.640 --> 01:39:26.520
 along Loop 288 and as we moved further north to decrease the density into the horizontal

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

01:39:35.560 --> 01:39:41.040
 of the neighborhood and then reserving that hard corner. That is an odd shaped piece of

01:39:41.040 --> 01:39:48.600
 property to develop entirely commercial. We believed that we were meeting the intent of

01:39:48.600 --> 01:39:54.680
 community mixed use by providing transitional housing that transitioned from higher density

01:39:54.680 --> 01:40:02.300
 into medium before moving into the low density north of us and reserving that hard corner

01:40:02.300 --> 01:40:05.720
 for those future retail and commercial opportunities.

01:40:05.720 --> 01:40:10.800
 Okay. I definitely appreciate that explanation.

01:40:10.800 --> 01:40:14.960
 Any other questions for Ms. Sidd? She's up here.

01:40:14.960 --> 01:40:15.960
 Thank you.

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.

01:40:23.960 --> 01:40:30.080
 If you'll give us your name and address, your time will begin.

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

01:40:38.720 --> 01:40:50.280
 out past Hodge Elementary. I'm part of the Northeast Denton group. I have two comments

01:40:50.280 --> 01:41:00.080
 about this particular proposal. One is that if you live out there, you don't believe,

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

01:41:07.880 --> 01:41:18.280
 making life miserable for lots of people. On a bigger issue, I'm really concerned that

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,

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

01:41:30.400 --> 01:41:36.260
 comes first. The first properties to develop are at the front of the plane. The people

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

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

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,

01:41:57.380 --> 01:42:03.640
 but to become the town that we have loved all these years. That requires planning, and

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

01:42:09.700 --> 01:42:15.800
 to 2030, honestly. It didn't seem to have any effect on the initial Taylor Morrison

01:42:15.800 --> 01:42:22.380
 proposal for Carter Ranch. They can rezone kind of at will. The planned developments

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

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

01:42:37.860 --> 01:42:47.600
 a fully developed perspective. How much traffic can Hartley Field and Mingo and Kings Row

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

01:42:54.500 --> 01:43:01.020
 building up close to the exits, obviously it's the developments farther down the road

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

01:43:07.660 --> 01:43:13.520
 is ideal to create open spaces and a natural habitat for people to enjoy, for children

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

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

01:43:27.500 --> 01:43:35.020
 proposals in northeast Denton and give us a plan that's realistic, that doesn't involve

01:43:35.020 --> 01:43:42.860
 building huge bridges across Clear Creek and doesn't involve stop lights every block on

01:43:42.860 --> 01:43:51.860
 the south end of Sherman just outside the loop. With the development of agave, expansion

01:43:51.860 --> 01:43:58.940
 of the Stark property, development along the long road, this whole area of Denton is going

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

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

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

01:44:22.540 --> 01:44:28.460
 relative to traffic problems down the road. So thank you very much for hearing me.

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

01:44:32.660 --> 01:44:36.460
 you been involved in the small area plan discussion that we've gotten started?

01:44:36.460 --> 01:44:40.340
 Yes. Thank you.

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

01:44:52.300 --> 01:44:57.020
 if this item gets postponed. Are you sure you would not like to speak this evening?

01:44:57.020 --> 01:45:06.500
 Okay. Bridget Marshall? Come on up to the podium and we can talk.

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

01:45:22.500 --> 01:45:27.740
 believe that an apartment complex development at this location with such a busy intersection

01:45:27.740 --> 01:45:34.060
 and heavily traffic roads will create a serious traffic safety hazard and endanger lives.

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

01:45:38.960 --> 01:45:44.140
 traffic impact analysis, including inaccuracies in the traffic counts and level of service

01:45:44.140 --> 01:45:54.900
 ratings and noncompliance with text dot standards. It did not take into account the Agave Ranch

01:45:54.900 --> 01:46:01.740
 traffic. It took into account Stark Farms and Stewart Ridge, but not Agave Ranch. It

01:46:01.740 --> 01:46:07.060
 did not take into account the football games or other band and sporting events going on

01:46:07.060 --> 01:46:14.460
 at the stadium. The TIA inaccurately states that typical events start around 7 p.m. after

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

01:46:19.860 --> 01:46:25.660
 traffic and peak site generated traffic from the development. However, most people go to

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

01:46:31.980 --> 01:46:39.140
 various reasons. This should all be taken into consideration.

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

01:46:44.580 --> 01:46:54.240
 the additional traffic counts that Ms. Bissette pointed out. There are two text dot noncompliant

01:46:54.240 --> 01:47:00.380
 driveways on the hill on FM 428, which the staff analysis omitted. The developer's TIA

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

01:47:07.900 --> 01:47:15.060
 360-foot drive approach spacing. The TIA did not take into consideration traffic using

01:47:15.060 --> 01:47:21.980
 Hartley Field Road, which has significant traffic turning onto and off of FM 428. Sitting

01:47:21.980 --> 01:47:27.500
 below the crest of the hill, driveway 1 has poor sight lines with Hartley Field Road.

01:47:27.500 --> 01:47:31.660
 Standing right from driveway 1 endangers drivers turning left from Hartley Field Road at the

01:47:31.660 --> 01:47:37.540
 same time. Turning left from driveway 1 into the southbound FM 428 lane below the crest

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.

01:47:44.180 --> 01:47:49.380
 The variances proposed in the TIA were not mentioned in the staff analysis. They will

01:47:49.380 --> 01:47:54.460
 not change the fact that the hill poses a significant hazard for any driveway access

01:47:54.460 --> 01:47:59.040
 regardless of where it is positioned on the hill. If drivers from the apartment complex

01:47:59.040 --> 01:48:03.140
 want to go southbound on Sherman Drive from driveway 3, they will have to cross three

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

01:48:10.140 --> 01:48:15.940
 exiting at 60 miles per hour to turn left, creating a serious hazard. The development

01:48:15.940 --> 01:48:22.100
 generating 3,553 daily car trips on top of the heavy traffic congestion we currently

01:48:22.100 --> 01:48:27.460
 experience is extremely concerning. Stark Farm, Stewart Ridge and Ogabe Ranch have not

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

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

01:48:39.180 --> 01:48:45.100
 Road. Traffic will be a nightmare when these developments are all built out. This is a

01:48:45.100 --> 01:48:50.300
 terrible location to build an apartment complex for everyone concerned, including the future

01:48:50.300 --> 01:48:56.260
 residents. People will be injured, or worse, killed due to placing emphasis on the wrong

01:48:56.260 --> 01:49:01.500
 kind of development over safety. High density apartment complexes should not be located

01:49:01.500 --> 01:49:07.260
 at the corner of two heavily trafficked high speed roads. Safety first for all motorists,

01:49:07.260 --> 01:49:13.580
 bicyclists and pedestrians should be paramount. The proposed PD does not improve mobility or

01:49:13.580 --> 01:49:21.380
 mobility, and promotes traffic safety per DDC 1.2.5. Please deny PD 210007 which is

01:49:21.380 --> 01:49:27.700
 not appropriate for this location and require that the TIA be updated for accuracy. Thank

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

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

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

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,

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

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

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

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.

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

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

01:50:35.700 --> 01:50:41.500
 riding up there, it is a little horrifying, the use of the shoulder as an acceleration

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

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

01:50:55.380 --> 01:51:01.460
 to work for cyclists that are not willing to ride on Sherman. Sharing an acceleration

01:51:01.460 --> 01:51:08.900
 and deceleration lane with cars is worse than being in Sherman, because it is just more

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

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

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

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

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

01:51:34.580 --> 01:51:39.220
 me. I think it is a considerable concern in this

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

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

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

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

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

01:52:07.100 --> 01:52:12.060
 ride a mountain bike, rather than drive, ride up Sherman, turn right on Hartley Field, and

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

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

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

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

01:52:39.300 --> 01:52:43.700
 our commitment to Vision Zero. This is kind of antithetical to that. It does not give

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

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

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

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,

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

01:53:10.140 --> 01:53:11.140
 time.

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

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

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

01:53:28.580 --> 01:53:39.020
 Ned Woodbridge, and another card in opposition from Anthony and Isabelle Spinelli. I have

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

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

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

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

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

01:54:29.380 --> 01:54:32.620
 about is absolutely true. I live on Hartley Field Road. There are packs of bikes that

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

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

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

01:54:50.820 --> 01:54:59.100
 to think about, providing for bike traffic that does not conflict with, as he said, the

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.

01:55:04.380 --> 01:55:15.820
 Manglera mentioned that there was a walking path. Unfortunately, there isn't. I really

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

01:55:21.220 --> 01:55:27.420
 towels in hand and their skateboards walking down there. The car is zipping by. It just

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

01:55:31.580 --> 01:55:37.860
 both pedestrian, auto, bike interface needs to be really thought about carefully. I would

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

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

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

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

01:56:08.700 --> 01:56:16.620
 it as yellow, which is low-density housing. Anyway, I don't know how that transitioned.

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

01:56:22.380 --> 01:56:29.940
 fundamentally incompatible with what the comprehensive plan says is the desire for this area.

01:56:29.940 --> 01:56:36.420
 Keep in mind, that comprehensive plan was a result of significant effort in 2030 and

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

01:56:41.980 --> 01:56:47.900
 the desire for various areas in the city. I'm talking widely now, not just Northeast

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

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

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

01:57:10.700 --> 01:57:11.700
 you.

01:57:11.700 --> 01:57:23.660
 Thank you, Mr. Robich for speaking. Is there anyone else wishing to speak at this time?

01:57:23.660 --> 01:57:26.660
 Come on down. Sure. Thank you.

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.

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

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

01:57:50.260 --> 01:57:56.180
 bikers all the time, especially on Sundays or during the football games or what have

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

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

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

01:58:15.660 --> 01:58:21.580
 our business as a family-oriented business and the children that live around across from

01:58:21.580 --> 01:58:26.980
 the apartment building, across from us. Kids come over there. I ask them all the time,

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

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

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,

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.

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

01:58:56.220 --> 01:58:58.520
 or the bikers. Thank you.

01:58:58.520 --> 01:59:03.700
 Thank you for coming to speak. Appreciate that. Is there anyone else wishing to speak

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

01:59:18.100 --> 01:59:30.260
 has stated they would like to postpone the item from being voted on tonight, would the

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

01:59:40.740 --> 01:59:49.100
 I think March 29th? I don't believe we would have time to re-notice

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

01:59:54.540 --> 01:59:59.140
 on the 29th, I believe. Right, we would need to leave it open.

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

02:00:06.260 --> 02:00:12.940
 to speak again then, especially if the applicant is coming with new information, a presentation

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.

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

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.

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

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

02:00:46.580 --> 02:00:53.220
 important of transparency and fair play and such, I think it would recommend letting anyone

02:00:53.220 --> 02:00:58.340
 who spoke today speak again, especially, as you said, since there would be new information

02:00:58.340 --> 02:01:02.060
 potentially they would be responding to. Yeah, exactly.

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

02:01:06.500 --> 02:01:10.380
 time limitations, but I believe there is language that allows at the Chair's discretion for

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

02:01:14.300 --> 02:01:17.700
 be up to your decision as to whether you wanted to allow that.

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

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

02:01:30.920 --> 02:01:34.380
 discretion to let them, which I'm saying right now I would let them.

02:01:34.380 --> 02:01:36.780
 I think that would be best practices. Yes, ma'am.

02:01:36.780 --> 02:01:42.460
 Okay. Very good. I appreciate that. Commissioner Smith.

02:01:42.460 --> 02:01:46.500
 Make a motion to table discussion to date certain of March 29th.

02:01:46.500 --> 02:01:47.500
 Commissioner Cole. Second.

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

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

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

02:02:14.260 --> 02:02:21.060
 it's zoned SC. SC district is intended to provide moderate to high density commercial

02:02:21.060 --> 02:02:27.740
 office and retail uses along high traffic corridors. The SC district provides elevated

02:02:27.740 --> 02:02:32.540
 building landscape design, buildings oriented to the street and appropriate buffering from

02:02:32.540 --> 02:02:37.580
 adjacent neighborhoods. While the SC district is primarily auto oriented, it provides a

02:02:37.580 --> 02:02:43.220
 safe environment for pedestrians and cyclists. This is the corner of Loop 288 and Sherman

02:02:43.220 --> 02:02:51.340
 Drive. So I'm going to leave that. Next, this PD has an underlying zoning request

02:02:51.340 --> 02:02:59.740
 of MN, which is mixed use neighborhood. That is defined as the MN district is provided

02:02:59.740 --> 02:03:04.020
 to support compatibility between higher density mixed use areas and adjacent residential and

02:03:04.020 --> 02:03:09.540
 commercial uses. This district contributes to a vibrant environment for pedestrians and

02:03:09.540 --> 02:03:15.100
 cyclists and includes varying densities of residential neighborhoods serving retail restaurants,

02:03:15.100 --> 02:03:20.500
 commercial and office uses that are sensitive to the surrounding build and natural context

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

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

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

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

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

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

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

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

02:04:31.180 --> 02:04:34.660
 from our discussion at work session, so we will add something to the matrix regarding

02:04:34.660 --> 02:04:39.940
 continuing and following up on the discussion regarding notices to ETJ properties. Just

02:04:39.940 --> 02:04:44.580
 to give the commission some updates from recent city council action, at their meeting on

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

02:04:50.300 --> 02:04:54.620
 was approved. And then the code amendments for outdoor storage and display were also

02:04:54.620 --> 02:04:58.460
 approved unanimously by council. So thanks again to our DCRC for all the hard work on

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

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

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

02:05:25.780 --> 02:05:29.580
 both because neither one, well, one's being reconsidered and one we didn't take action

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

02:05:40.380 --> 02:05:44.260
 that doesn't become something consistent, because I don't think that's a good idea.

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,

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

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

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

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

02:06:12.780 --> 02:06:20.460
 cases coincided to be running together on our agendas basically, but we do strive our

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

02:06:26.220 --> 02:06:31.020
 easily occur. So we do push everyone as much as possible towards straight zoning and specific

02:06:31.020 --> 02:06:36.900
 use permits where appropriate. I would say these cases are oddities that just happen to

02:06:36.900 --> 02:06:37.900
 coincide.

02:06:37.900 --> 02:06:43.900
 Yeah, okay, okay, very good. I appreciate that explanation. Seeing nothing else for the

02:06:43.900 --> 02:06:51.300
 matrix, any concluding items? Okay. Then let's adjourn at 7.38 p.m. Thank you.