WEBVTT 00:00:00.000 --> 00:00:04.680 Good afternoon and welcome to the Planning and Zoning Work Commission for 00:00:04.680 --> 00:00:11.000 February 20th 2019. Having a quorum present I will open the meeting at 2.09. 00:00:11.000 --> 00:00:15.560 The first item in our work session agenda is to receive a presentation from 00:00:15.560 --> 00:00:18.360 the Denton Independent School District and I believe Paul Andrus is here to 00:00:18.360 --> 00:00:27.200 present. The floor is yours. My name is Paul Andrus. I'm with the Operations 00:00:27.200 --> 00:00:31.880 Department, Denton ISD. I've got Gary Ryan here with our Construction 00:00:31.880 --> 00:00:37.120 Department, Denton ISD. Ray Bledsoe and Bob Templeton with Templeton Demographics. 00:00:37.120 --> 00:00:42.440 So we're here to talk about construction planning and growth. I believe at your 00:00:42.440 --> 00:00:47.240 request or for sure Julie's request. But what we're going to do is present our 00:00:47.240 --> 00:00:54.280 fourth quarter of 2018 growth report that we use every day. That's how we plan 00:00:54.280 --> 00:00:58.940 for future. We see all the developments. Julie does a good job of keeping us up 00:00:58.940 --> 00:01:02.760 to date when new ones are coming in. So I'm going to have Bob present that and then 00:01:02.760 --> 00:01:07.080 we'll be available to take questions afterwards. Sounds great. 00:01:07.080 --> 00:01:11.480 Well thank you. It is my pleasure to be with you this afternoon. 00:01:11.480 --> 00:01:18.160 Templeton Demographics, we are a consulting firm. If I can interrupt, I apologize, they want you on the mic. 00:01:18.160 --> 00:01:22.880 Thank you. Sorry about that. Templeton Demographics is a consulting firm. We 00:01:22.880 --> 00:01:26.220 specialize in working with school districts across the country. We work 00:01:26.220 --> 00:01:31.040 with about a hundred school districts. Most of those are suburban, fast growth 00:01:31.040 --> 00:01:34.760 school districts that are adding literally thousands of homes per year. 00:01:34.760 --> 00:01:38.660 We've been fortunate to work with the Denton School District for about the 00:01:38.660 --> 00:01:42.760 last ten years where we have helped them with understanding the housing growth, 00:01:42.760 --> 00:01:48.000 turning that into population growth. We model out how to change the attendance 00:01:48.000 --> 00:01:53.320 zones and we are affiliated with MetroStudy. So we are a part of the 00:01:53.320 --> 00:02:00.800 MetroStudy family. The MetroStudy companies literally track 93% of all of 00:02:00.800 --> 00:02:06.280 the housing construction across the country. So in every major market across 00:02:06.280 --> 00:02:11.160 the country, their employees are physically driving active subdivisions. 00:02:11.160 --> 00:02:14.980 They're counting how many homes are being started, how many homes are being 00:02:14.980 --> 00:02:19.800 occupied. They interview the cities, they get the preliminary plats from the cities. 00:02:19.800 --> 00:02:25.600 We put it into this giant database so then we can then turn that into relevant 00:02:25.600 --> 00:02:29.400 information for the school district. So this afternoon I'm going to go over our 00:02:29.400 --> 00:02:33.640 fourth quarter report that we presented to the Denton School District and show 00:02:33.640 --> 00:02:38.200 you what we're seeing with the housing market and how that translates into 00:02:38.200 --> 00:02:43.120 enrollment growth for the school district. We're very fortunate in the DFW 00:02:43.120 --> 00:02:47.020 region. When I mentioned DFW region, that's all of the major counties within 00:02:47.020 --> 00:02:53.280 the metropolitan statistical area which does include Denton and we're 3.4% job 00:02:53.280 --> 00:02:57.820 growth. We literally are either first or second depending upon which month that 00:02:57.820 --> 00:03:04.160 you look at the data in job growth across the country. That 3.4% job 00:03:04.160 --> 00:03:09.680 growth represents about 127,000 jobs that were added during the last 12 00:03:09.680 --> 00:03:14.080 months ending in December. I don't see that changing in the short term. Within 00:03:14.080 --> 00:03:19.480 the next couple of months, like several months, we still have many relocations 00:03:19.480 --> 00:03:24.120 that are coming to the DFW region so the job growth is in a very strong position 00:03:24.120 --> 00:03:28.560 to continue. Right now the number one city has been Houston so Houston has 00:03:28.560 --> 00:03:33.680 jumped back up the list due to the growth in energy related jobs. We're also very 00:03:33.680 --> 00:03:38.880 fortunate in Texas. San Antonio and Austin continue to be in the top 25 00:03:38.880 --> 00:03:45.240 cities for job growth but that 3.4% job growth literally is one of the highest 00:03:45.240 --> 00:03:51.480 percentages and net job growth cities in the country. Unemployment rates very low. 00:03:51.480 --> 00:03:56.360 These are almost 50-year lows that we're seeing in terms of the unemployment 00:03:56.360 --> 00:04:05.400 rates. The US rates at 3.7%, Texas is at 3.6%, the DFW MSA is at 3.3%, and Denton 00:04:05.400 --> 00:04:10.800 County is at 2.9%. So very low unemployment rates. These can be a 00:04:10.800 --> 00:04:16.320 little bit of a problem for the service industry markets in terms of food 00:04:16.320 --> 00:04:22.040 service, janitorial, logistics, transportation, construction. All of the 00:04:22.040 --> 00:04:26.280 service industries tend to have a challenge filling their jobs when the 00:04:26.280 --> 00:04:30.680 unemployment rates get this low. And so this is a little bit of a concern as it 00:04:30.680 --> 00:04:35.240 is having an impact on the cost of construction. It's raising the cost 00:04:35.240 --> 00:04:41.600 because the subcontractors are charging a premium to do their work. The housing 00:04:41.600 --> 00:04:47.520 market is also continuing to be very strong. Across the DFW region we have 00:04:47.520 --> 00:04:54.320 started about 34,752 homes. That's an annual number across the DFW region. 00:04:54.320 --> 00:05:00.960 That's up about 1,490 from the fourth quarter of 2017. We do think we're near 00:05:00.960 --> 00:05:07.600 the ceiling. So that 35,000 is about the maximum number of annual homes that will 00:05:07.600 --> 00:05:13.440 likely be seen added to the DFW region. Now when you look at the job growth, so 00:05:13.440 --> 00:05:19.080 that job growth is continuing to cause a need for additional housing. So we do 00:05:19.080 --> 00:05:22.720 expect that the housing market to be very healthy over the next year to two 00:05:22.720 --> 00:05:30.160 years. Now here's a look specifically at Denton ISD's housing picture. Now this is 00:05:30.160 --> 00:05:35.160 you know the full Denton ISD which is several cities. So it's multiple 00:05:35.160 --> 00:05:40.320 municipal jurisdictions. So we're able to track that looking at deed transactions 00:05:40.320 --> 00:05:46.480 as well as the metro study survey. And you can see back in 2010 we had about 00:05:46.480 --> 00:05:51.560 1,500 home sales in the Denton School District and since that time it's gone 00:05:51.560 --> 00:05:59.080 up about 41%. So we've seen a 41% increase in existing home sales. Now the 00:05:59.080 --> 00:06:05.240 yellow part of that bar graph and the dark green of that bar graph represent 00:06:05.240 --> 00:06:11.080 what I'm going to call distressed property sales. Foreclosures. REO stands 00:06:11.080 --> 00:06:15.880 for real estate owned sales which is basically bank owned sales. And you'll 00:06:15.880 --> 00:06:21.280 notice back in the 2010 we had a significant amount of distressed property 00:06:21.280 --> 00:06:26.680 sales and today it's almost nonexistent. And that's because the housing market is 00:06:26.680 --> 00:06:32.560 so hot right now when properties become distressed either through health or loss 00:06:32.560 --> 00:06:37.040 of a job those families can sell those homes very quickly so therefore it 00:06:37.040 --> 00:06:42.320 doesn't go to foreclosure or a bank owned real estate sales. So the market is 00:06:42.320 --> 00:06:45.640 very healthy. Yes sir. Commissioner Beck. Thank you Chair. Let me just get one 00:06:45.640 --> 00:06:48.580 clarification. Were we talking about single-family homes here? Single-family. 00:06:48.580 --> 00:06:52.820 Multifamily is not in this picture. Great. We do track the 00:06:52.820 --> 00:06:57.520 multifamily very closely as well but this is looking specifically at single 00:06:57.520 --> 00:07:02.160 family. Thank you. Now here's a map of the school district and we looked at home 00:07:02.160 --> 00:07:07.160 sales the dark blue areas the dark blue neighborhoods where we have the highest 00:07:07.160 --> 00:07:12.840 concentration of home sales. Now we do track the Robeson Ranch home sales even 00:07:12.840 --> 00:07:17.400 though they don't have an impact of students. It's age restricted but we do 00:07:17.400 --> 00:07:21.560 track that so that the district can see how many homes are being added to the 00:07:21.560 --> 00:07:27.800 the appraised value records. You can also see that 380 corridor. So the 380 00:07:27.800 --> 00:07:33.680 corridor is probably the strongest or the highest volume of new home activity 00:07:33.680 --> 00:07:39.160 is taking place in that part of the Denton School District as Frisco builds 00:07:39.160 --> 00:07:44.960 out and as that growth continues to move north and also the improvement of the 00:07:44.960 --> 00:07:49.800 380 infrastructure will be very helpful to allow that growth to continue driving 00:07:49.800 --> 00:07:54.600 down 380 is a little bit of a challenge at times and so as that roadways as 00:07:54.600 --> 00:07:59.600 those roadways get improved and we see more lanes it will continue to push 00:07:59.600 --> 00:08:03.880 growth into that part of the school district. So you know Little Elm is in 00:08:03.880 --> 00:08:08.240 that area but Little Elm is getting closer to build out. Frisco is slowing 00:08:08.240 --> 00:08:13.160 down. Actually Prosper is the number one school district now in the DFW region 00:08:13.160 --> 00:08:18.000 for new home starts so for many many years it was Frisco. So Frisco is 00:08:18.000 --> 00:08:24.520 already dropping down that list. I want to show you a ranking report. This is 00:08:24.520 --> 00:08:30.960 where Denton ISD ranks in the DFW Metroplex based on annual closings. So 00:08:30.960 --> 00:08:38.120 Prosper is number one. 2,715 annual closings per year and Denton is second 00:08:38.120 --> 00:08:45.740 with 2,234. Frisco has dropped to third. VDL stands for vacant developed 00:08:45.740 --> 00:08:50.540 lots. Those are lots that are on the ground ready for builders to build on 00:08:50.540 --> 00:08:57.200 today and you can see Denton ISD has 3,815 vacant developed lots ready for 00:08:57.200 --> 00:09:04.120 builders. Denton ISD has the highest amount of future lot activity or future 00:09:04.120 --> 00:09:13.640 lot inventory in the DFW region. 29,087 future lots. Now future lots are 00:09:13.640 --> 00:09:18.940 preliminarily plotted developments. They're future phases of existing 00:09:18.940 --> 00:09:25.160 developments. They are concept plans that developers have started to groundwork on 00:09:25.160 --> 00:09:31.920 through different P&Zs. So it gives us an indication of the amount of land that is 00:09:31.920 --> 00:09:39.480 in some part of the development cycle. Now there is a large amount of raw land 00:09:39.480 --> 00:09:46.400 that this does not include. So raw land that's ranch or ag land that hasn't had 00:09:46.400 --> 00:09:52.720 any development interest on would not be in this number. So that 29,000 does give 00:09:52.720 --> 00:10:00.400 us an indication of the development interest into Denton ISD. Yes sir. Is the 00:10:00.400 --> 00:10:05.240 plans of Hunter Ranch and Cole Ranch would those be included in that 29,000? 00:10:05.240 --> 00:10:09.540 That's a significant number. I do have the information on Cole Ranch. I know that the 00:10:09.540 --> 00:10:16.880 two are merging. So this is where our numbers are estimates. Okay. And as it 00:10:16.880 --> 00:10:21.280 goes further into the platting process we'll get some refinements. But right now 00:10:21.280 --> 00:10:26.920 I want to say our estimate is for about 11,000. Okay. And so your number may be a 00:10:26.920 --> 00:10:31.440 little different. But that 11,000 be included roughly in this 29,000. Okay. 00:10:31.440 --> 00:10:40.480 That makes sense. Yes. So I mean you've got two really large futures. The Cole 00:10:40.480 --> 00:10:46.480 Ranch in the hills of Denton is also I want to say about 4,900 to 5,000 lots. So 00:10:46.480 --> 00:10:51.240 yes those are roughly in the future but it would not include when we see the map 00:10:51.240 --> 00:10:54.720 and you see where the active and future subdivisions are there's still a 00:10:54.720 --> 00:10:59.760 tremendous amount of vacant land that would not be in this picture. In my 00:10:59.760 --> 00:11:06.760 estimations Denton ISD is going to be a fast growth school district for probably 00:11:06.760 --> 00:11:14.080 25 to 30 years. You can see if we're building 2,200 homes a year and there's 00:11:14.080 --> 00:11:22.160 roughly 29,000 lots that's about 12 to 15 years of supply of lots. So just in 00:11:22.160 --> 00:11:26.760 this amount we've got 12 to 15 years of supply. Commissioner Smith. Thank you 00:11:26.760 --> 00:11:31.200 chair. Bottom double asterisks table does include age restricted communities of 00:11:31.200 --> 00:11:35.680 communities like like Robeson. That's correct. There's 55 and older restriction 00:11:35.680 --> 00:11:39.280 there. So how many of the homes included in the 29,000 do you think are age 00:11:39.280 --> 00:11:44.000 restricted? You know I have some details on that. I know from the it's not it's 00:11:44.000 --> 00:11:50.440 not a very large amount. It's not. There's probably no more than a thousand. That's correct. Of the 2400 00:11:50.440 --> 00:11:57.960 starts yeah about 300 of that is from Robeson Ranch. Okay. So roughly I'll just 00:11:57.960 --> 00:12:04.160 round it down to 2,000 homes a year are being built that are not age restricted. 00:12:04.160 --> 00:12:09.120 Okay. Which that's what's going to continue to put Denton ISD is one of the 00:12:09.120 --> 00:12:16.160 fastest growing school districts in the state for 15 to 20 plus years. And that's 00:12:16.160 --> 00:12:20.800 it. I think that's good news. I would much much rather be in a community that's growing 00:12:20.800 --> 00:12:27.920 and adding population. We do have clients that are declining and built out. Well not 00:12:27.920 --> 00:12:32.640 necessarily built out but Wichita Falls is one of our clients. The economy in 00:12:32.640 --> 00:12:37.520 Wichita Falls is not strong enough to add enough job growth to keep young 00:12:37.520 --> 00:12:42.560 families moving to Wichita Falls. So our picture in Wichita Falls is a picture of 00:12:42.560 --> 00:12:46.640 how do we close schools how do we get more efficient and those are much more 00:12:46.640 --> 00:12:51.960 difficult challenges I think than the challenges of okay let's figure out 00:12:51.960 --> 00:12:55.440 where do we build schools and how do we how do we handle the growth that's 00:12:55.440 --> 00:13:00.360 coming. But you can see right now Denton is second in the DFW region based on 00:13:00.360 --> 00:13:07.560 annual closings and Denton will be in that top three for the foreseeable future. 00:13:07.560 --> 00:13:13.000 Now you can see you know Prosper is relatively new to this fast growth 00:13:13.000 --> 00:13:18.720 picture within the last ten years. Prosper has jumped in here but within 00:13:18.720 --> 00:13:22.040 about ten years Prosper is going to be winding down because geographically 00:13:22.040 --> 00:13:26.920 they're not as large. The number of square miles in Prosper is not 00:13:26.920 --> 00:13:32.840 anywhere close to the number of square miles that Denton ISD is. We track the 00:13:32.840 --> 00:13:37.040 new home market this is new home activity every quarter so every quarter 00:13:37.040 --> 00:13:42.560 we're tracking the activity and you can see in the fourth quarter we started 00:13:42.560 --> 00:13:47.800 571 homes in the fourth quarter which was the highest fourth quarter total 00:13:47.800 --> 00:13:54.840 that we've seen in Denton ISD. 571 and for the year for 2018 we started 00:13:54.840 --> 00:14:00.000 2,490 this does include Robeson Ranch but in a little bit I'm going to show 00:14:00.000 --> 00:14:04.280 you a table where we remove Robeson Ranch. So when we start looking at the data 00:14:04.280 --> 00:14:09.240 based on the elementary schools we take it out so because those homes will not 00:14:09.240 --> 00:14:15.600 impact students. Now here's a map of your school district based on your annual 00:14:15.600 --> 00:14:20.400 closings you can see the red attendance zones have the highest amount of 00:14:20.400 --> 00:14:26.320 activity they're closing more than 300 homes a year that's in that 380 corridor 00:14:26.320 --> 00:14:31.200 it's the Union Park area it's the Savannah area you know those particular 00:14:31.200 --> 00:14:35.960 elementary zones have the highest amount of activity we've mapped the top ten 00:14:35.960 --> 00:14:41.720 most active subdivisions a majority of the single-family activity can be found 00:14:41.720 --> 00:14:46.880 in the top ten so this is a real quick way to see where the most activities 00:14:46.880 --> 00:14:51.640 taking place right now Wind Ridge is your most active subdivision building 00:14:51.640 --> 00:14:57.640 about 205 homes a year second is Paloma Creek South that's just the Denton ISD 00:14:57.640 --> 00:15:06.040 portion 184 Savannah 171 Robeson Ranch is fourth at 161 and you can see the top 00:15:06.040 --> 00:15:11.560 ten list there but a majority of that is concentrated in the eastern quadrant 00:15:11.560 --> 00:15:15.600 along 380 so that's where the school district is seeing the highest 00:15:15.600 --> 00:15:21.000 concentration of single-family growth this map is based on vacant developed lot 00:15:21.000 --> 00:15:25.280 supply when we build our enrollment projections we're looking at each 00:15:25.280 --> 00:15:30.320 elementary zone where are they building and closing the highest concentration of 00:15:30.320 --> 00:15:37.480 new homes new home growth is the main driver for enrollment growth so that's 00:15:37.480 --> 00:15:41.320 what helps us build those projections in the short term based on where the 00:15:41.320 --> 00:15:46.000 closings are the vacant developed lots show us where the growth is going to be 00:15:46.000 --> 00:15:50.600 in the next two years so when we see where the lot concentration is we know 00:15:50.600 --> 00:15:54.200 that's where the builders are going to be building next so we study vacant 00:15:54.200 --> 00:15:58.880 developed lot supply for that and then next we look at future lots and so the 00:15:58.880 --> 00:16:02.820 future lot supply gives us an indication of where the growth is going to be 00:16:02.820 --> 00:16:07.480 headed beyond three to five years that's where you'll notice the coal ranch pop 00:16:07.480 --> 00:16:12.280 up on the screen coal ranch is still several years away from delivering lots 00:16:12.280 --> 00:16:17.760 they've got to go through a lot of hoops to get get checked before they can 00:16:17.760 --> 00:16:22.440 deliver streets get builders building but we do know it's now taking another 00:16:22.440 --> 00:16:26.840 step forward it's moving in the direction to get development sooner 00:16:26.840 --> 00:16:30.680 rather than later and we also just recently heard about the joining of 00:16:30.680 --> 00:16:37.560 efforts between coal ranch and hunters is a hunter's ranch hunter ranch so and 00:16:37.560 --> 00:16:40.400 I don't know one of them is owned by Hillwood and we have a lot of 00:16:40.400 --> 00:16:44.520 experience with Hillwood I'm not sure who the other developer is but as those 00:16:44.520 --> 00:16:51.880 plans get processed through P&Z and get going through the the the process will 00:16:51.880 --> 00:16:56.200 then get more clarity so then we can share with the school district how many 00:16:56.200 --> 00:16:59.800 school sites are needed how many elementary middle and high school sites 00:16:59.800 --> 00:17:06.320 when you see an 11,000 home project that's almost a feeder pattern of 00:17:06.320 --> 00:17:13.560 schools so every 1,500 to 2,000 lots equals one elementary school 1,500 lots 00:17:13.560 --> 00:17:17.640 will fill up an elementary so you can add 10,000 that's roughly five 00:17:17.640 --> 00:17:22.960 elementaries that's literally two to three middle schools and that equals a 00:17:22.960 --> 00:17:29.000 high school so coal ranch the hunter ranch that could easily be one whole 00:17:29.000 --> 00:17:34.640 feeder pattern of growth for the Denton school district now this is where we 00:17:34.640 --> 00:17:40.180 remove the we do take out the age restricted lots when we break it out by 00:17:40.180 --> 00:17:45.560 elementary zone and as I mentioned we build the projections at each elementary 00:17:45.560 --> 00:17:50.960 campus and then let them migrate up into the middle schools and then ultimately 00:17:50.960 --> 00:17:57.280 up into the high schools so you can see Union Park is starting more than 730 00:17:57.280 --> 00:18:02.200 homes so they're roughly growing more than a hundred elementary kids a year 00:18:02.200 --> 00:18:07.040 just in that particular elementary school the second most active area is 00:18:07.040 --> 00:18:12.920 Providence also along 380 227 and then your third most active area is Ryan 00:18:12.920 --> 00:18:18.280 Elementary with 205 but keep in mind anything any zone that's building more 00:18:18.280 --> 00:18:23.400 than a hundred homes a year is really experiencing strong growth and you've 00:18:23.400 --> 00:18:28.000 got you know roughly seven to eight elementary zones that are building more 00:18:28.000 --> 00:18:32.720 than a hundred homes per year so the growth is spread throughout several 00:18:32.720 --> 00:18:36.680 areas of the school district here's a map that just kind of gives you that 00:18:36.680 --> 00:18:43.080 30,000 foot picture the green outlines are active subdivisions that are 00:18:43.080 --> 00:18:49.040 building homes the yellow outlines are where some of those future lots are you 00:18:49.040 --> 00:18:55.240 can see the the coal ranch here hills of Denton up here you know those are your 00:18:55.240 --> 00:19:01.080 two largest concentration of future lots I want to say this was close to 5,000 00:19:01.080 --> 00:19:05.600 lots estimate now that'll that'll get refined as they go through the platting 00:19:05.600 --> 00:19:11.120 process but down here this is close to 11,000 that does include some potential 00:19:11.120 --> 00:19:16.000 multifamily that could result in this area as well you can also see this 00:19:16.000 --> 00:19:21.480 concentration east along 380 literally the fastest growing part of the district 00:19:21.480 --> 00:19:26.680 right now and then you know a few years ago this area was also one of the 00:19:26.680 --> 00:19:30.760 fastest growing parts of the Denton School District this is primarily was 00:19:30.760 --> 00:19:35.560 primarily driven by Lantana master plan community had approximately 5,000 home 00:19:35.560 --> 00:19:41.000 it's nearing build out her right at build out you do have some futures down 00:19:41.000 --> 00:19:46.720 here in the very southern tip which would be categorized as larger lot higher 00:19:46.720 --> 00:19:53.120 price point definitely lower yielding students here high yielding this is some 00:19:53.120 --> 00:19:57.720 of the most affordable product in the Dallas Fort Worth Metroplex so keep in 00:19:57.720 --> 00:20:04.000 mind in Frisco the average new home price is over 430 for new home average 00:20:04.000 --> 00:20:07.800 new home price so the average new home price in this area is a little less 00:20:07.800 --> 00:20:14.600 than that so this would be considered a product that would be attractive for 00:20:14.600 --> 00:20:19.960 families with kids elementary kids which is why we're seeing such growth at the 00:20:19.960 --> 00:20:25.920 elementary and middle school campuses in this particular area some of the details 00:20:25.920 --> 00:20:32.200 Windridge about 1,300 lots there were 50 homes under construction during the 00:20:32.200 --> 00:20:36.520 fourth quarter dr. Horton is the main builder in this development they're 00:20:36.520 --> 00:20:42.520 starting a hundred and fifty four lots for phase one streets are paved in 00:20:42.520 --> 00:20:48.280 section 2a with a hundred ninety two lots that price range is 230 to 335 very 00:20:48.280 --> 00:20:53.520 affordable product for that particular area that's also in that 380 corridor 00:20:53.520 --> 00:21:00.800 Union Park 2,832 total lots about 30 homes under construction during the 00:21:00.800 --> 00:21:08.040 fourth quarter and home building is underway for a age-restricted section so 00:21:08.040 --> 00:21:12.200 there will be some age-restricted lots here that we will then pull out of our 00:21:12.200 --> 00:21:16.080 student mix we estimate that they're going to be building about a hundred and 00:21:16.080 --> 00:21:21.440 fifty to two hundred homes a year that price range on the low end is 270 could 00:21:21.440 --> 00:21:26.520 get as high as five hundred thousand in Union Park just to the east of that area 00:21:26.520 --> 00:21:32.560 is Arrowbrook it's almost 1,700 lots 52 homes under construction during the 00:21:32.560 --> 00:21:39.040 fourth quarter and they built about 140 homes during the last four quarters that 00:21:39.040 --> 00:21:44.400 price range is 260 of the to 340 they're building about a hundred and thirty to 00:21:44.400 --> 00:21:50.920 a hundred and fifty homes a year in Arrowbrook Wensong Ranch it is split 00:21:50.920 --> 00:21:59.640 between prosper ISD and Denton ISD the Denton ISD portion is about 393 total 00:21:59.640 --> 00:22:04.800 lots there were 11 homes under construction and this is a little bit of 00:22:04.800 --> 00:22:09.320 a the the lots are actually right in here the lots aren't down here this 00:22:09.320 --> 00:22:18.880 whole piece here is Park Road trails and green belt area and so even though this 00:22:18.880 --> 00:22:25.280 green outline is very large the Denton ISD section is only this corner right 00:22:25.280 --> 00:22:34.440 here which represents that 393 lots Oak Hill Ranch 391 future lots the groundwork 00:22:34.440 --> 00:22:41.600 is underway on phase one with 142 lots first residents expected end of 2019 00:22:41.600 --> 00:22:49.120 building about 30 to 40 homes per year and then we've got Prairie Oaks 985 00:22:49.120 --> 00:22:55.440 total lots 275 vacant developed lots are ready for builders building about 140 to 00:22:55.440 --> 00:23:00.120 150 homes a year you kind of get the idea and that corridor building well 00:23:00.120 --> 00:23:05.720 over 500 homes a year so the largest portion of the school districts single 00:23:05.720 --> 00:23:12.960 family construction right now is in that East corridor of the 380 area with all 00:23:12.960 --> 00:23:17.760 that said and done here is what this looks like in terms of the forecast for 00:23:17.760 --> 00:23:24.560 the Denton School District now you can see over the last four years they have 00:23:24.560 --> 00:23:33.680 added roughly look at my notes here about 3,000 kids almost 3,100 kids have 00:23:33.680 --> 00:23:38.800 been added in the last four years and the housing market is still expanding 00:23:38.800 --> 00:23:47.680 in Denton ISD over the next five years we're forecasting about 3,709 students 00:23:47.680 --> 00:23:52.480 of growth during the next five years the yellow box is the largest grade per year 00:23:52.480 --> 00:23:58.040 the green box is the second largest grade per year you can kind of see the 00:23:58.040 --> 00:24:03.640 wave or the bubble as the larger classes are heading their way toward the second 00:24:03.640 --> 00:24:08.360 secondary campuses there's a couple of reasons why this is happening one is the 00:24:08.360 --> 00:24:13.080 price points of the new homes have gotten a little more expensive so it's 00:24:13.080 --> 00:24:18.080 older families that are slightly older that are buying the new homes in Denton 00:24:18.080 --> 00:24:23.960 ISD the second factor is the Millennials are not having their children as early 00:24:23.960 --> 00:24:29.640 or as young as the previous generations for Gen Xers and so we have seen a slow 00:24:29.640 --> 00:24:33.820 down at kindergarten because of the change in birth rates now that's a 00:24:33.820 --> 00:24:40.760 national issue it's not a localized issue but with this said in the next 10 00:24:40.760 --> 00:24:45.480 years the district will likely add seven thousand five hundred and thirty 00:24:45.480 --> 00:24:49.560 additional students that'll put the district's enrollment in twenty twenty 00:24:49.560 --> 00:24:54.960 eight at thirty seven thousand six hundred and thirty seven now I'm often 00:24:54.960 --> 00:24:59.800 asked how certain am I that these projections are actually going to happen 00:24:59.800 --> 00:25:07.680 and for Denton ISD I'm a hundred percent certain that their enrollment is going 00:25:07.680 --> 00:25:12.320 to get to thirty seven thousand I'm a hundred percent certain the only 00:25:12.320 --> 00:25:18.800 question is is it going to happen in eight years nine years or ten years it's 00:25:18.800 --> 00:25:22.920 not a matter of if they're going to get that big there's so many lots so much 00:25:22.920 --> 00:25:28.560 vacant land the economy is so strong that for districts like Denton and 00:25:28.560 --> 00:25:34.080 prosper the forecast models are going to happen it's just like the weather is the 00:25:34.080 --> 00:25:37.280 front going to get here in you know two days or is it going to get in here in 00:25:37.280 --> 00:25:43.680 three days and so it is a challenge for the school district because of the need 00:25:43.680 --> 00:25:52.960 to get bonds passed get buildings built that does require a lot more lead time 00:25:52.960 --> 00:25:58.280 they can build a house in six to nine months it takes two years to build a 00:25:58.280 --> 00:26:02.840 school by the time you go through platting getting it permitted and 00:26:02.840 --> 00:26:07.400 getting it actually constructed so that's the reason why we do our best to 00:26:07.400 --> 00:26:11.960 keep them so informed about the housing market and what it looks like and what 00:26:11.960 --> 00:26:17.520 it does to the projections now this is focusing in on that East 380 corridor 00:26:17.520 --> 00:26:22.760 it's the Braswell High School feeder zone so that feeder pattern roughly is 00:26:22.760 --> 00:26:27.360 building about a thousand forty nine homes a year so almost half of their 00:26:27.360 --> 00:26:32.040 homes are being built in the 380 corridor they've got about sixteen 00:26:32.040 --> 00:26:37.080 hundred and sixty eight vacant develop lots and over ten thousand futures so 00:26:37.080 --> 00:26:42.560 literally you know this area is going to continue to be the fastest growing 00:26:42.560 --> 00:26:49.360 portion of the school district it is roughly about five thousand additional 00:26:49.360 --> 00:26:55.520 students will be added to this feeder pattern in the next ten years so if you 00:26:55.520 --> 00:26:59.280 remember I was forecasting about seven thousand students of growth in the ten 00:26:59.280 --> 00:27:03.200 years five thousand of it's going to be right here so this is where they're 00:27:03.200 --> 00:27:08.480 going to have to have new facilities expanded facilities to take care of the 00:27:08.480 --> 00:27:14.120 growth in the Braswell High School attendance zone next area is the Denton 00:27:14.120 --> 00:27:18.560 High School attendance zone there again we've got a lot of futures here so we've 00:27:18.560 --> 00:27:23.200 got eleven thousand four hundred and fifty seven futures we're only building 00:27:23.200 --> 00:27:29.760 about 300 homes a year right now but down the road this is going to be an 00:27:29.760 --> 00:27:34.080 attendance zone that is going to grow for a very long time but it's still in 00:27:34.080 --> 00:27:39.400 the early stages of its rapid growth here's what the projections look like 00:27:39.400 --> 00:27:44.000 within the Denton High School zone so in the next ten years the Denton High 00:27:44.000 --> 00:27:48.960 School zone is going to add about two thousand kids over the next ten years 00:27:48.960 --> 00:27:56.000 now should the coal ranch hunter ranch accelerate and maybe they deliver their 00:27:56.000 --> 00:27:59.680 lots in three years I don't know that that's kind of about what we're thinking 00:27:59.680 --> 00:28:03.920 that there's still two to three years away from being able to deliver lots and 00:28:03.920 --> 00:28:08.040 so it might accelerate a little bit but the reality is we're planning on about 00:28:08.040 --> 00:28:13.040 two thousand students growth in the Denton High zone now the Geyer zone is 00:28:13.040 --> 00:28:22.540 basically South Denton and kind of in that flower mound Argyle area of the 00:28:22.540 --> 00:28:28.840 school district you know Lantana this was the driver for growth historically in 00:28:28.840 --> 00:28:35.440 this theater pattern they're building about 363 homes a year but they only 00:28:35.440 --> 00:28:41.560 have 443 vacant develop lots and about 348 futures and there might be some 00:28:41.560 --> 00:28:46.920 infill stuff that might pop in here but what I see for the future for this zone 00:28:46.920 --> 00:28:52.440 is a little bit higher price point larger lot sizes high lower yields 00:28:52.440 --> 00:28:57.160 because of the price point of the homes in this area right through here so our 00:28:57.160 --> 00:29:01.560 forecast for growth in this area actually is calling for a slight decline 00:29:01.560 --> 00:29:07.680 so we do have areas that are declining what causes decline in an area like this 00:29:07.680 --> 00:29:13.600 gentrification so those families as those kids go off to college and they 00:29:13.600 --> 00:29:18.640 stay then the school-age population starts to shrink while those kids are 00:29:18.640 --> 00:29:24.400 off at college when do they move because that's going to be the key factor for 00:29:24.400 --> 00:29:28.760 Lantana is when do the kids go off to college and the parents finally that 00:29:28.760 --> 00:29:33.040 sell the house and leave so that a younger family might come in behind them 00:29:33.040 --> 00:29:38.240 with school-age children so we start to watch for gentrification and mobility in 00:29:38.240 --> 00:29:45.920 areas like the guy or high school attended zone next would be the Ryan 00:29:45.920 --> 00:29:52.440 attended zone the Ryan attended zone is kind of the north east quadrant that 00:29:52.440 --> 00:29:56.800 doesn't include the 380 quadrant there is some growth in this area they're 00:29:56.800 --> 00:30:04.320 building about 360 homes a year 768 vacant develop lots almost 2400 future 00:30:04.320 --> 00:30:09.840 lots and in the next 10 years we're forecasting about a thousand kids of 00:30:09.840 --> 00:30:18.560 growth in the Ryan high school attended zone now these are some of the specialty 00:30:18.560 --> 00:30:25.080 schools that don't have attended zones that are schools of choice and over the 00:30:25.080 --> 00:30:29.000 next 10 years you know we really don't forecast much growth for them because 00:30:29.000 --> 00:30:34.160 they don't have an attended zone but right now we've got about 753 kids that 00:30:34.160 --> 00:30:39.320 are attending the either schools of choice or schools that are specific to 00:30:39.320 --> 00:30:46.040 their needs I'll summarize and be happy to answer any questions we're very 00:30:46.040 --> 00:30:50.320 fortunate in the Dallas Fort Worth area and in Denton we've got very low 00:30:50.320 --> 00:30:55.440 unemployment rates so the economy is very healthy the most growth in home 00:30:55.440 --> 00:31:00.280 sales over the last five years were seen in Ryan and Union Park Elementary 00:31:00.280 --> 00:31:07.280 attended zones Ryan Savannah Union Park zones account for about 60% of the 00:31:07.280 --> 00:31:12.360 district's total closings during the last 12 months didn't ISD started and 00:31:12.360 --> 00:31:19.260 closed over 2,200 homes in 2018 and we expect that the district will grow about 00:31:19.260 --> 00:31:26.040 3,700 students during the next five years and 2023 that'll put the Denton 00:31:26.040 --> 00:31:32.480 ISD's enrollment projections at 33,807 students and in 10 years we expect the 00:31:32.480 --> 00:31:40.480 district will likely have 37,600 students within the school district I'd be happy 00:31:40.480 --> 00:31:47.800 to answer any questions Mr. Beck thank you chair thanks for presentation I'm 00:31:47.800 --> 00:31:53.800 just curious to be any way we could get something like this just to have his 00:31:53.800 --> 00:32:00.560 general information for us down the road is that possible yes we have not actually 00:32:00.560 --> 00:32:05.720 presented this to the Board of Trustees we're doing that Tuesday but it will be 00:32:05.720 --> 00:32:09.320 online or I'd be happy to send it to Julie and then she can pass that on 00:32:09.320 --> 00:32:14.080 after next Tuesday okay and I did want to make a couple clarifications we are 00:32:14.080 --> 00:32:18.560 working with hunter and coal ranch currently to place school sites on on 00:32:18.560 --> 00:32:23.240 both of those pieces so we've got a great relationship with Hillwood that's 00:32:23.240 --> 00:32:28.280 Union Park and also with OC vest at Stratford so we're working with those 00:32:28.280 --> 00:32:33.440 folks already and I know you saw Union Park elementary under that's our brand 00:32:33.440 --> 00:32:39.680 new one that's going to open in August that's number 24 elementary 24 elementary 00:32:39.680 --> 00:32:45.400 25 is in the current bond that we just passed of 750 million we believe that 00:32:45.400 --> 00:32:50.520 will probably be in the Sandbrook area which would help for Sandbrook and 00:32:50.520 --> 00:32:55.080 Erlebrook it's out east also and I don't know if you remember on the Denton high 00:32:55.080 --> 00:33:00.120 zone where you saw Ryan elementary getting to numbers sooner than later we 00:33:00.120 --> 00:33:04.720 own a site in country lakes kind of an Argyle you guys won't know where that's 00:33:04.720 --> 00:33:09.400 I think but we don't have that one in the bond yet but that could be the next 00:33:09.400 --> 00:33:15.240 elementary site so yeah quick question for you sir you mentioned you're 100% 00:33:15.240 --> 00:33:20.640 certain that your projection rates would fall now is that presuming that 00:33:20.640 --> 00:33:26.080 everything stays it is I mean if we have another serious recession or something 00:33:26.080 --> 00:33:31.440 like that that's gonna throw a monkey wrench well if and when a recession 00:33:31.440 --> 00:33:35.800 happens it doesn't mean that we're not going to hit the projection it's going 00:33:35.800 --> 00:33:40.440 to delay when you hit the projection that's why I make the comment of I'm a 00:33:40.440 --> 00:33:46.500 hundred percent certain so anything that from economy or job loss or slowdown in 00:33:46.500 --> 00:33:53.280 housing it just instead of it happening in year 10 it happens in year 12 so I'm 00:33:53.280 --> 00:33:57.200 hedging myself a little bit when I say I'm a hundred percent certain well the 00:33:57.200 --> 00:34:02.840 reality is for a district that has so much growth ahead of it it's you're 00:34:02.840 --> 00:34:07.960 going to get to that number it's just a matter of when not if now when we work 00:34:07.960 --> 00:34:14.160 with Keller down the road Keller is near build out those I do not make that 00:34:14.160 --> 00:34:21.440 statement for Keller because they are subject to different factors that could 00:34:21.440 --> 00:34:25.280 cause that number to go down because they're at the end of their building 00:34:25.280 --> 00:34:31.680 cycle Keller wasn't on the top 10 list anymore but between the 80s 90s in the 00:34:31.680 --> 00:34:36.480 early part of the 2000 decade Keller was in the top five in the region for growth 00:34:36.480 --> 00:34:41.840 well now they're built out and they really don't have much left to grow so 00:34:41.840 --> 00:34:47.280 and I meant I did not touch on and I wanted to touch on the multifamily 00:34:47.280 --> 00:34:53.160 picture we track multifamily just like we do single-family and I've got these 00:34:53.160 --> 00:35:00.000 little bitty turquoise areas that represent the multifamily projects now 00:35:00.000 --> 00:35:04.400 one thing that's different about Denton is you've got a lot of multifamily this 00:35:04.400 --> 00:35:11.080 college related so therefore it has no impact on kids as well but we do track 00:35:11.080 --> 00:35:15.560 the multifamily we track it to see if it's a lifestyle or a college or 00:35:15.560 --> 00:35:20.600 affordable it's the affordable multifamily that do have the highest 00:35:20.600 --> 00:35:25.600 concentration of students per unit and those are the ones that we see that have 00:35:25.600 --> 00:35:28.400 the greatest impact on the district but I wanted to mention that because you 00:35:28.400 --> 00:35:33.840 asked earlier and yes we do track it but a majority of our growth is a result of 00:35:33.840 --> 00:35:38.640 single-family housing being added to the area 00:35:38.640 --> 00:35:44.240 I'm not sure if you guys are aware I don't know how many square miles the 00:35:44.240 --> 00:35:48.680 city of Denton is but Denton ISD is a hundred and eighty square miles when 00:35:48.680 --> 00:35:57.320 you're looking at that map Keller is 43 to give you a comparison and Keller's 00:35:57.320 --> 00:36:02.400 enrollment is about 34,000 that's the enrollment of Keller right now so to 00:36:02.400 --> 00:36:07.920 give you a sense of the densities you know you didn't ISD really does have a 00:36:07.920 --> 00:36:15.760 20-year horizon for growth because of this the sheer size of the district 00:36:15.760 --> 00:36:29.440 how does that size get set is it does DISD control whether it expands based 00:36:29.440 --> 00:36:33.800 upon need or does that set somewhere else these were set school district 00:36:33.800 --> 00:36:39.040 boundaries were typically set in the early 1900s so they get set they were 00:36:39.040 --> 00:36:43.640 set many many years ago and they are independent of municipal jurisdictions 00:36:43.640 --> 00:36:49.360 and so but once a boundary gets set it becomes very difficult to change the 00:36:49.360 --> 00:36:55.520 boundary so typically districts can't just annex DNX property there's a 00:36:55.520 --> 00:36:59.960 little bit of room to do it if it's unincorporated or uninhabited so an area 00:36:59.960 --> 00:37:05.480 that's uninhabited can be moved a little but once an area is inhabited with 00:37:05.480 --> 00:37:11.320 residents it's too difficult to change the boundaries because of all of the 00:37:11.320 --> 00:37:17.560 legal hoops that have to be jumped through to get the area changed but to 00:37:17.560 --> 00:37:23.200 Jerry's point it does seem like the eastern part was brought in with these 00:37:23.200 --> 00:37:26.280 developments is that accurate no they were those boundaries were already here 00:37:26.280 --> 00:37:29.960 crazy yeah 00:37:29.960 --> 00:37:48.080 no actually Robeson Ranch was originally Argyle ISD and they dis annexed it but 00:37:48.080 --> 00:37:54.320 that was before there were any people there and so I think the school district 00:37:54.320 --> 00:37:58.560 would contend that they got a good deal on that that was a good situation for 00:37:58.560 --> 00:38:03.160 the school district because the amount of property value that it added to the 00:38:03.160 --> 00:38:10.040 school district's appraisal values so I have a question just jump and I don't 00:38:10.040 --> 00:38:16.440 know if it was your line can you tell me about when a development comes in that 00:38:16.440 --> 00:38:21.840 will ultimately come to our Commission do you know at what point you see it and 00:38:21.840 --> 00:38:25.160 once you see it does that just go to the futures or how do you take a 00:38:25.160 --> 00:38:30.000 consideration and know when okay we need to actually consider this or thanks for 00:38:30.000 --> 00:38:32.440 the heads up but we're not even considering this right now you're eight 00:38:32.440 --> 00:38:36.360 years away can you tell us about that timeline as soon as it comes through as 00:38:36.360 --> 00:38:40.320 a preliminary plan as soon as it goes through the planning process we pick it 00:38:40.320 --> 00:38:44.440 up as a future okay now because of relationships with 00:38:44.440 --> 00:38:50.440 Hillwood if we start to see a concept plan that has a lot count we will 00:38:50.440 --> 00:38:55.080 sometimes go ahead and pencil in or drawing like coal ranch so even though 00:38:55.080 --> 00:39:01.200 coal ranch has not been formally plotted we do have an estimate built in for coal 00:39:01.200 --> 00:39:06.480 ranch so it's a function of if we pick it up through the platting process we 00:39:06.480 --> 00:39:11.640 enter it in as a future if we pick it up from conversations with the developer we 00:39:11.640 --> 00:39:16.680 enter it in as a potential future and is that in that example of Hillwood do they 00:39:16.680 --> 00:39:20.320 just come down their own volition to you or how does that actually sometimes 00:39:20.320 --> 00:39:23.320 through the district where they have contacted the district and then the 00:39:23.320 --> 00:39:28.440 district will send us a concept plan initially we see a concept plan first 00:39:28.440 --> 00:39:33.440 but the concept plan won't necessarily have the details of the lot right it'll 00:39:33.440 --> 00:39:40.640 just have 200 acres 600 homes and so when we see that concept plan we will 00:39:40.640 --> 00:39:45.960 sometimes enter that in as a future and is there ever a time or is there a 00:39:45.960 --> 00:39:54.120 consideration so on a large property where it's 5,000 homes or lots is there 00:39:54.120 --> 00:39:57.920 ever a time where your office the district gets this like no like we do 00:39:57.920 --> 00:40:01.080 not have the capacity is ever pushback or you're receiving like okay this is a 00:40:01.080 --> 00:40:04.520 curveball we're gonna have to swing at it well that's where I typically 00:40:04.520 --> 00:40:11.480 encourage the school districts position that's not our role to deny whether 00:40:11.480 --> 00:40:17.280 something is viable or not our role is to the school district roles to educate 00:40:17.280 --> 00:40:23.560 the kids as they come and so we don't typically advise our clients to voice 00:40:23.560 --> 00:40:28.720 opposition to development plans we that's the city's that's the PNZ in 00:40:28.720 --> 00:40:34.720 city's role to work through that as far as I know we've never said no to a 00:40:34.720 --> 00:40:39.640 development I agree and my senior here haven't seen it but there is seemingly 00:40:39.640 --> 00:40:44.120 conversations about what is the school or how does didn't perceive this and if 00:40:44.120 --> 00:40:50.440 it's just I doesn't know how entered related that a process was but if I'm 00:40:50.440 --> 00:40:54.400 understanding you correctly if the commission the city says yes economically 00:40:54.400 --> 00:41:00.160 zoning wise this is feasible then your then task to kind of figure out how it's 00:41:00.160 --> 00:41:05.040 actually gonna play out and that's when we take that information and build it 00:41:05.040 --> 00:41:09.440 into the enrollment projections so then the school district can see how many new 00:41:09.440 --> 00:41:15.120 kids are going to result from these developments and then that allows them 00:41:15.120 --> 00:41:20.480 to start to plan the box next bond election for you know three or four or 00:41:20.480 --> 00:41:25.320 five elementaries to middle schools and a high school based on the available 00:41:25.320 --> 00:41:30.720 housing information that we have this current bond is the first time in a 00:41:30.720 --> 00:41:35.600 long time we've done any development within the city limits actually as you 00:41:35.600 --> 00:41:38.840 guys probably know we've got the new Denton High School coming up we've got a 00:41:38.840 --> 00:41:43.680 rebuild of what was this pull the mic up sorry I've got a rebuild of Woodrow 00:41:43.680 --> 00:41:49.960 Wilson's kind of a rebuild of Strickland and eventually a rebuild of Newton razor 00:41:49.960 --> 00:41:55.360 probably so that's what a lot of this bond was so the next bond will probably 00:41:55.360 --> 00:42:00.200 be growth again we do have another middle school in this current bond and 00:42:00.200 --> 00:42:04.720 we've also got elementary number 25 which I mentioned and that brings about 00:42:04.720 --> 00:42:08.720 an interesting point in other municipalities it's do you go and task 00:42:08.720 --> 00:42:14.360 them to raise the money for school and through their bond process or so out in 00:42:14.360 --> 00:42:19.240 Union Park that's not the city of Denton is it no it's not so how how do those 00:42:19.240 --> 00:42:23.920 funds work to build schools well since it's Denton ISD it's pretty much the 00:42:23.920 --> 00:42:30.920 Denton taxpayers that fund the Denton schools they're painted that didn't ISD 00:42:30.920 --> 00:42:36.640 tax though right you know I would imagine yes okay okay that's a whole 00:42:36.640 --> 00:42:43.760 different topic I think mr. Smith was up thank you how does the estimates for 00:42:43.760 --> 00:42:50.200 future growth and having homes change if there's a shift in desire for single 00:42:50.200 --> 00:42:53.280 family residentials to be rezoned so the multifamily can be built instead is 00:42:53.280 --> 00:42:57.800 there is there kind of fail-safe put in place to kind of adjust for that is so 00:42:57.800 --> 00:43:00.320 yeah all this area here that's all that's all developed land that you 00:43:00.320 --> 00:43:04.120 know for single-family residential what there's a big shift and change and we 00:43:04.120 --> 00:43:06.880 start seeing so we've seen a lot more and more of zonings come in front of us 00:43:06.880 --> 00:43:10.360 to hey we want to take this area that's single-family residential or commercial 00:43:10.360 --> 00:43:14.080 and take turn into multifamily so it's not things that are zoned right now for 00:43:14.080 --> 00:43:19.560 that multifamily high density area well as soon as we saw the change we would 00:43:19.560 --> 00:43:25.160 immediately change our model based on the density now I don't see as much 00:43:25.160 --> 00:43:30.640 single-family land going multifamily there tends to be more resistance to the 00:43:30.640 --> 00:43:37.800 zoning up like that yeah the practicality is well I need to find out is 00:43:37.800 --> 00:43:42.320 it class a multifamily is it I guess even expand the question from you know 00:43:42.320 --> 00:43:47.640 what we see maybe it's not taking in our you know in our to and turning it into in 00:43:47.640 --> 00:43:50.960 our MU and we're turning it into big high density but it's taking in our two 00:43:50.960 --> 00:43:54.600 and turning it in our six and so an area that was designated for two units per 00:43:54.600 --> 00:43:58.120 acre is now 60 minutes an acre so it's not necessarily multifamily at that 00:43:58.120 --> 00:44:02.800 point in time but we are increasing density how reactive is these estimates 00:44:02.800 --> 00:44:07.680 are they very reactive gotcha so because we get the data on a quarterly basis 00:44:07.680 --> 00:44:12.400 so each quarter we are tweaking the model based on how we see it change you 00:44:12.400 --> 00:44:17.920 know it's very interesting there's a lot of misconceptions about products and you 00:44:17.920 --> 00:44:23.200 know what we see is it really has to do with a number of bedrooms yep so if a 00:44:23.200 --> 00:44:28.600 multifamily project has 400 units that doesn't necessarily mean it's going to 00:44:28.600 --> 00:44:33.320 have 200 kids so what I really need to see is what are the mix of three two and 00:44:33.320 --> 00:44:38.880 one bedrooms in Capella ISD we work with that district and you know they've got a 00:44:38.880 --> 00:44:46.680 huge Cypress water Cypress yes and they have a restriction on the number of one 00:44:46.680 --> 00:44:51.040 bedrooms that they have to build like 70 percent of the units have to be one 00:44:51.040 --> 00:44:54.960 bedrooms because meant to be kind of commercial I guess so what they call yes 00:44:54.960 --> 00:44:59.400 that commercial work and work and live right so it really doesn't matter how 00:44:59.400 --> 00:45:03.480 many units they are it's not going to generate very many kids because of the 00:45:03.480 --> 00:45:08.120 one-bedroom restriction but if you have a lot of two and three bedrooms then 00:45:08.120 --> 00:45:12.800 there is more potential for higher students per unit and then after you 00:45:12.800 --> 00:45:16.800 guys present this to the board how available are you or is there is denies 00:45:16.800 --> 00:45:21.160 states of presenting this to other community organizations if it's so they're 00:45:21.160 --> 00:45:29.500 open to do very open very open yes okay all right got it we're doing three three 00:45:29.500 --> 00:45:33.440 around the fourth quarter right now okay so we presented to the bond facility 00:45:33.440 --> 00:45:38.920 committee the facility committee we presented here who should we contact you 00:45:38.920 --> 00:45:47.280 can send it to me thank you Mr. Beck thank you chair and I appreciate 00:45:47.280 --> 00:45:52.440 chairman Rozelle's questioning about how y'all react as a new development comes 00:45:52.440 --> 00:45:57.480 in so if I understand this right then when we face a group of citizens where 00:45:57.480 --> 00:46:00.280 new developments going in and their big concerns the school district can't 00:46:00.280 --> 00:46:05.120 handle it we are we can feel comfortable now that you guys are aware of it that 00:46:05.120 --> 00:46:10.560 yes schools will be able to handle any growth there is that what I'm here you 00:46:10.560 --> 00:46:20.720 say so far yes okay okay good thank you Mr. Sanchez based on the information 00:46:20.720 --> 00:46:24.120 it's all projections there's a school ever fought the district never find 00:46:24.120 --> 00:46:28.680 itself not having enough rooms or capacity in a school and what do they 00:46:28.680 --> 00:46:33.560 do in that event I've kind of heard that's happened before so I was just 00:46:33.560 --> 00:46:38.400 curious if we get in a bind there's always those dreaded portable classrooms 00:46:38.400 --> 00:46:44.360 that we move around the district has I think we own about 97 of them right now 00:46:44.360 --> 00:46:49.840 and they're they're decent they're good classrooms they have their own heat and 00:46:49.840 --> 00:46:54.520 air we put them close to the building so that they can use the facilities inside 00:46:54.520 --> 00:46:58.440 and that's how we do it on a temporary basis and that's when we start planning 00:46:58.440 --> 00:47:08.320 for additions or another school any other questions from the commission 00:47:08.320 --> 00:47:13.200 I don't see any thank you very much for coming and presenting this information 00:47:13.200 --> 00:47:25.120 extremely helpful thank you the next item on the agenda for business is to 00:47:25.120 --> 00:47:47.040 receive a report on the development code update thank you chair members of the 00:47:47.040 --> 00:47:55.720 Commission this presentation shouldn't take too long provided to you in the 00:47:55.720 --> 00:48:01.920 backup sent out last Friday and then delivered on Monday is the latest draft 00:48:01.920 --> 00:48:07.040 of the DC update I know that you all have looked at it and reviewed it and 00:48:07.040 --> 00:48:14.760 have tons of questions so really I'm here to help take your comments so look 00:48:14.760 --> 00:48:18.480 seriously I have a presentation but I just want to just kind of lay it out a 00:48:18.480 --> 00:48:23.000 little bit I mean the work sessions that we've scheduled for the Commission is 00:48:23.000 --> 00:48:29.280 really to get your feedback on the draft DDC so today and then we've got one 00:48:29.280 --> 00:48:35.600 schedule for next Wednesday as well so we have an opportunity to do that so let 00:48:35.600 --> 00:48:41.560 me open up my presentation and we'll start with the den plan 2030 how's that 00:48:45.760 --> 00:48:46.760 , thank you. 00:49:14.760 --> 00:49:24.760 Okay so as a start I wanted to just share with you and as a recap I know 00:49:24.760 --> 00:49:29.200 that some of you are very familiar with the den plan 2030 and really is the 00:49:29.200 --> 00:49:34.440 guiding document in which we started this effort with a DDC update I know 00:49:34.440 --> 00:49:38.840 some of the new members I provided you all with copies of the den plan 2030 00:49:38.840 --> 00:49:45.600 that's really an important document in which we should use as a guide in our 00:49:45.600 --> 00:49:51.600 decision-making how we manage growth how we we look at development coming into 00:49:51.600 --> 00:49:58.000 the city so the plan 2030 as shown here is the city's comprehensive plan again 00:49:58.000 --> 00:50:03.640 it's our guide document related to decision-making it's really sets the the 00:50:03.640 --> 00:50:10.320 vision for the next 15-20 years and that's we started back in 2012 looking 00:50:10.320 --> 00:50:20.440 at you know 15-20 years 2030 as our planning time frame included in the den 00:50:20.440 --> 00:50:25.080 plan 2030 is the community vision statement we went through a number I 00:50:25.080 --> 00:50:30.640 think a total of nine community forums in which we gathered as much input as 00:50:30.640 --> 00:50:35.040 possible to create the community vision statement it was later shared with the 00:50:35.040 --> 00:50:40.200 public went through a number of iterations and again that vision 00:50:40.200 --> 00:50:45.200 statement is in den plan 2030 and also included in your backup if you haven't 00:50:45.200 --> 00:50:54.520 already seen it. The plan itself has ten elements I won't go into each one of 00:50:54.520 --> 00:51:00.360 them the ones that I think are most notable are the lane use mobility 00:51:00.360 --> 00:51:04.480 community character and housing and neighborhood those are the ones I picked 00:51:04.480 --> 00:51:08.200 out but again there are other elements here that are important that everyone 00:51:08.200 --> 00:51:15.020 should be familiar with when considering the decisions that you all make. The 00:51:15.020 --> 00:51:19.800 first one plan framework just to give you a gun an idea of what went through 00:51:19.800 --> 00:51:27.360 what went in the preparation of den plan 2030 we we went through a number of 00:51:27.360 --> 00:51:31.840 iterations or drafts again we went through developing with the community 00:51:31.840 --> 00:51:37.720 vision statement the themes included in the plan itself were highlighted in 00:51:37.720 --> 00:51:42.360 mobility community character sustainability and community health 00:51:42.360 --> 00:51:46.640 those were the things that we made sure that we kept going we kept going back to 00:51:46.640 --> 00:51:54.680 when we were drafting the den plan 2030. Involved in that process was a citizen 00:51:54.680 --> 00:52:02.600 advisory committee a then plan ambassador group as well as a technical 00:52:02.600 --> 00:52:08.400 advisory committee went through a number of phases through the plan it took about 00:52:08.400 --> 00:52:17.480 two years starting 2012-2013 and ended up in adopting this back in 2015 February 00:52:17.480 --> 00:52:22.640 of 2015. I'm gonna go through this really quickly just again to give you all a 00:52:22.640 --> 00:52:29.120 sense of why the den plan is such an important document and how it shapes the 00:52:29.120 --> 00:52:36.480 den code 2030 update. The first phase was really starting the process kicking it 00:52:36.480 --> 00:52:43.040 off. Phase two was the information gathering process we again we talked 00:52:43.040 --> 00:52:47.000 about the community vision statement and the input that was gathered was during 00:52:47.000 --> 00:52:55.040 phase two. Community forums there was surveys both phone surveys as well as 00:52:55.040 --> 00:53:02.040 online surveys. Phase three is when we start to put together the growth trend 00:53:02.040 --> 00:53:07.800 scenarios and I think you've seen this in past presentations the future land use 00:53:07.800 --> 00:53:13.680 map the preferred growth concept all of which is back to the community vision 00:53:13.680 --> 00:53:17.920 statement and really that's what drove how we we drafted the future land use 00:53:17.920 --> 00:53:22.440 map and again we'll be talking about how the future land use map in the zoning 00:53:22.440 --> 00:53:29.160 map the drive zoning map should be consistent. We had a lot of participation 00:53:29.160 --> 00:53:35.240 and we ended up with a preferred growth. We took the alternatives of a growth 00:53:35.240 --> 00:53:41.200 trend, a center alternative, a corridor alternative, and then a compact 00:53:41.200 --> 00:53:46.960 alternative and ended up with a preferred growth alternative concept 00:53:46.960 --> 00:53:53.360 that is and again that is in the den plan 2030. Phase four is really just 00:53:53.360 --> 00:53:59.640 putting the stuff together putting the document together and then over a thousand 00:53:59.640 --> 00:54:04.600 participants in the process and it was interesting I don't have my my plan here 00:54:04.600 --> 00:54:09.480 but if you look at the plan itself on the back cover there's a list of those 00:54:09.480 --> 00:54:13.760 individuals that participated so there was some ownership in the plan because 00:54:13.760 --> 00:54:17.480 they were involved we want to make sure that they were acknowledged and so in 00:54:17.480 --> 00:54:22.320 the plan itself if you flip to the back page those participants that were 00:54:22.320 --> 00:54:29.400 involved have their name listed in the plan itself. Again I went through this or 00:54:29.400 --> 00:54:34.360 mentioned this earlier phase five related adoption process we took this to 00:54:34.360 --> 00:54:38.840 the planning zoning Commission it was approved or recommended for approval 00:54:38.840 --> 00:54:46.080 that is 5-2 and then City Council soon after that in February of 2015 and that 00:54:46.080 --> 00:54:55.160 was approved 7-0. Okay so how does this then plan 2030 relate to then code 00:54:55.160 --> 00:55:01.120 update? Again we look at the den plan 2030 as the guide in which we implement 00:55:01.120 --> 00:55:06.800 or update documents. So land use is one of the elements I mentioned earlier and 00:55:06.800 --> 00:55:13.440 in the land use element are land use goals and these goals here are listed in 00:55:13.440 --> 00:55:18.400 the den plan 2030. Grow compactly so what does that mean that means we want to 00:55:18.400 --> 00:55:24.240 make sure that we have areas in the city that are developed with a more higher 00:55:24.240 --> 00:55:28.880 intense or intensity and density so that's why you have the mixed use 00:55:28.880 --> 00:55:34.960 districts identified. Grow with purpose we want to make sure that we have an idea 00:55:34.960 --> 00:55:39.800 of where we want to go so again we talked about you know zoning you know 00:55:39.800 --> 00:55:44.780 some of the areas around north of the loop we do we want to make sure we 00:55:44.780 --> 00:55:48.480 preserve those areas so we want to grow with purpose and protect those areas. 00:55:48.480 --> 00:55:54.840 Grow our assets our assets are for example the downtown our focus areas are 00:55:54.840 --> 00:55:57.680 established neighborhoods we want to protect that so you see in the 00:55:57.680 --> 00:56:03.920 development code buffers setbacks screening so those are those are related 00:56:03.920 --> 00:56:08.980 back to the the goals of the den plan 2030 and how that translates to the den 00:56:08.980 --> 00:56:14.400 code update. Grow resourcefully kind of goes back to you again do we want to 00:56:14.400 --> 00:56:19.800 start building out past the loop or do we want to you know reserve or you know 00:56:19.800 --> 00:56:23.920 reserve as much as we can and our resources are actually are important the 00:56:23.920 --> 00:56:28.000 tree I'm gonna I'm gonna just tie into that the tree code again ties back to 00:56:28.000 --> 00:56:33.880 our resources our environmental insensitive areas again our resources so 00:56:33.880 --> 00:56:38.760 we want to make sure that whenever we make an update or amend a code we 00:56:38.760 --> 00:56:43.680 want to go back to these goals grow with character it's not just protecting the 00:56:43.680 --> 00:56:48.840 character that we have now such as the downtown it's also creating character in 00:56:48.840 --> 00:56:54.320 areas that we don't know we don't necessarily have today our nodes our 00:56:54.320 --> 00:56:59.760 commercial nodes areas that are you know our employment hub those are areas that 00:56:59.760 --> 00:57:03.960 we want to increase you know the character how do you achieve character 00:57:03.960 --> 00:57:10.120 you look at the the sidewalks the architecture the the landscaping the 00:57:10.120 --> 00:57:15.840 parking all of which goes back to you know growing the character of the city 00:57:15.840 --> 00:57:20.240 of Den and lastly growing with balance balance of course we want to make sure 00:57:20.240 --> 00:57:26.600 we have a balance of housing a balance of commercial and also employment a big 00:57:26.600 --> 00:57:33.160 part of the den plan 2030 was this idea of business innovation an area in this 00:57:33.160 --> 00:57:40.100 in the city where there's a place where corporate you know businesses business 00:57:40.100 --> 00:57:43.520 parks can locate and and that's really what we're trying to do we want to 00:57:43.520 --> 00:57:48.320 identify areas within the city that's residential that's commercial that's 00:57:48.320 --> 00:57:54.400 industrial but also for employment so I think that's a big part of what we want 00:57:54.400 --> 00:57:58.920 to strive for and when we went again when we're looking at the den code update 00:57:58.920 --> 00:58:03.160 community character I kind of touched base on that a little bit we talked 00:58:03.160 --> 00:58:08.080 about character long-term sustainment we want to protect our established 00:58:08.080 --> 00:58:12.600 neighborhoods we want to make sure our new development are sustainable we want 00:58:12.600 --> 00:58:16.380 to make them last so it goes back to some of the standards that are found in 00:58:16.380 --> 00:58:24.800 chapter 6 community is that interaction having a linkage of networks open space 00:58:24.800 --> 00:58:31.400 amenities all of which again is in the den code when you think about the 00:58:31.400 --> 00:58:38.960 standards of sidewalks walkways open space those all come back to how we want 00:58:38.960 --> 00:58:43.000 to build communities in our city and then we talked about creating character 00:58:43.000 --> 00:58:49.960 already mobility another element in the code that plays an important factor in 00:58:49.960 --> 00:58:56.480 the den code itself access and circulation are big components and that's 00:58:56.480 --> 00:59:01.200 actually chapter 6 of the development code if you look at the standards that 00:59:01.200 --> 00:59:08.000 are required under that it goes back to the goal and the actions and the 00:59:08.000 --> 00:59:13.520 recommendations from the den plan 2030 transit is another goal of the mobility 00:59:13.520 --> 00:59:19.600 element we want to make sure that again we provide accessible linkages to 00:59:19.600 --> 00:59:27.280 transit facilities throughout the the city making sure that when we approve 00:59:27.280 --> 00:59:32.800 developments there's there's some connection to those transits building 00:59:32.800 --> 00:59:37.200 and creating mixed-use developments and we go back to mixed-use developments we 00:59:37.200 --> 00:59:42.200 often talk about you know providing mixed-use developments in an area where 00:59:42.200 --> 00:59:47.840 there's transit gives the person an opportunity to live and not have to get 00:59:47.840 --> 00:59:53.800 in a car and just be able to access their their way through the city or even 00:59:53.800 --> 00:59:59.080 to the region through transit I think this is the last of the elements that I'm 00:59:59.080 --> 01:00:03.160 going to highlight neighborhood and housing obviously this is a big one 01:00:03.160 --> 01:00:08.800 because one of the things that we talked about is housing we've seen a lot of 01:00:08.800 --> 01:00:12.920 development that come into the city that go through the planning zoning 01:00:12.920 --> 01:00:18.560 Commission that use a development code when they propose or come through with a 01:00:18.560 --> 01:00:24.480 project we want to see a diversity an array of housing types so included in 01:00:24.480 --> 01:00:30.720 the draft that you have today are new housing types we have of course single 01:00:30.720 --> 01:00:38.400 family duplexes townhomes we want to increase I believe another more robust 01:00:38.400 --> 01:00:45.800 townhomes development in the city we have triplexes four plexes we also talk 01:00:45.800 --> 01:00:51.480 about multifamily and last week or last time we met the rent by the bedroom 01:00:51.480 --> 01:00:55.880 those those are all housing types that are you know what we want to make sure 01:00:55.880 --> 01:01:01.280 we have available for those citizens and lastly I know we we talked about this as 01:01:01.280 --> 01:01:05.880 well and it is also covered in the dang code twenty I'm sorry the den code is 01:01:05.880 --> 01:01:13.080 the proposal and inclusion of tiny home development so again going back well why 01:01:13.080 --> 01:01:17.080 is that there well it's something that we we thought about when we were talking 01:01:17.080 --> 01:01:22.080 about the damn plan 2030 as we thought we were thinking about housing types 01:01:22.080 --> 01:01:28.080 again the housing and neighborhood elements bless you also talks about 01:01:28.080 --> 01:01:31.720 established neighborhoods protecting our established neighborhoods they don't 01:01:31.720 --> 01:01:35.320 have to be historic they can just be just neighborhoods we want to make sure 01:01:35.320 --> 01:01:40.640 that we protect those neighborhoods and when we started drafting the zoning map 01:01:40.640 --> 01:01:45.040 that was one of the things that we paid attention real attention to because we 01:01:45.040 --> 01:01:50.280 knew that a zoning proposal or a new zoning district in an area adjacent to 01:01:50.280 --> 01:01:55.300 a single-family established neighborhood could impact that area so we were 01:01:55.300 --> 01:02:00.320 sensitive to that and lastly livability I mean livability is a lot of different 01:02:00.320 --> 01:02:05.120 you know things that can be said about it just making sure that there's open 01:02:05.120 --> 01:02:10.760 space for for people to walk to enjoy amenities and then and then just 01:02:10.760 --> 01:02:18.640 generally be able to have shopping or employment those all play an important 01:02:18.640 --> 01:02:23.680 part in what this development code should be so as you look at that code and 01:02:23.680 --> 01:02:28.720 start reading it remember that there's there's there's a goal in which this 01:02:28.720 --> 01:02:37.480 code is trying to achieve so that brings us up to where we are today I really 01:02:37.480 --> 01:02:42.200 just wanted to share that portion of the plan 2030 because it is an important 01:02:42.200 --> 01:02:48.480 document and it is important in making sure that when we review the DEN code 01:02:48.480 --> 01:02:54.440 and prove it in the near future it is consistent with the DEN plan 2030 and 01:02:54.440 --> 01:03:01.980 that is really what we're trying to do you've seen this slide already I want to 01:03:01.980 --> 01:03:07.240 pause here and ask if you have any questions before we move forward on the 01:03:07.240 --> 01:03:12.800 DEN plan 20 or the development code itself 01:03:12.800 --> 01:03:17.540 Tricia Cole thank you chair I got a question about okay how much of the 01:03:17.540 --> 01:03:22.680 population projections changed since three four years ago when this was sure 01:03:22.680 --> 01:03:27.440 well you know that's an interesting question because I get asked all the time 01:03:27.440 --> 01:03:32.960 every year you know what's our population projection and when they when 01:03:32.960 --> 01:03:37.320 I say they the consultants put the plan together which we were involved in they 01:03:37.320 --> 01:03:44.320 were projecting close to 200,000 people by 2030 and I was like well that's a lot 01:03:44.320 --> 01:03:49.800 of people in you know 15 to 20 years that's an increase of about 60,000 01:03:49.800 --> 01:03:53.760 people right we're currently at a hundred thirty five hundred forty 01:03:53.760 --> 01:04:00.200 thousand but when you look at the master plan communities that are there now and 01:04:00.200 --> 01:04:04.880 that can come and you just heard the presentation from Templeton there's a 01:04:04.880 --> 01:04:09.440 there's there's gonna be an increase and as far as population projection I don't 01:04:09.440 --> 01:04:14.760 think it's changed I think the DEN plan 2030 got it because they knew that those 01:04:14.760 --> 01:04:19.400 master plan communities will be coming in the near future in fact we identified 01:04:19.400 --> 01:04:25.040 it in our future land use map and highlighted not highlighted but rather 01:04:25.040 --> 01:04:29.080 represented it in our future land use map because we knew that that was 01:04:29.080 --> 01:04:34.920 something that was gonna come soon maybe not not in the next three four years but 01:04:34.920 --> 01:04:40.120 as you all know in recent discussions or recent City Council meetings Cole and 01:04:40.120 --> 01:04:45.160 Hunter are looking at starting that development and if that does come come 01:04:45.160 --> 01:04:51.080 through that's 15,000 units that's not population that's just a unit so 01:04:51.080 --> 01:04:57.880 multiply that by whatever factor it is 2.8 per unit persons per unit we will 01:04:57.880 --> 01:05:02.880 see 200,000 in the long term so we're we're getting there so to answer your 01:05:02.880 --> 01:05:09.320 question has it has it and has it been affected I would say we planned for it 01:05:09.320 --> 01:05:14.520 and I don't think it's changed we may see more actually than what was projected 01:05:14.520 --> 01:05:26.400 back in 2015 okay all right well really this is an opportunity I I'm not gonna 01:05:26.400 --> 01:05:33.480 go through the code you know page by page we have identified some major topics 01:05:33.480 --> 01:05:39.240 and major changes that we have already discussed through the presentation with 01:05:39.240 --> 01:05:44.920 Clarion I'm happy to go over those same topics with you if you have specific 01:05:44.920 --> 01:05:50.160 questions I'll be obviously available to answer those questions but really wanted 01:05:50.160 --> 01:05:56.120 to give this Commission the opportunity to ask questions that may not have been 01:05:56.120 --> 01:06:02.440 covered or need further clarification when it comes to those topics so I'm 01:06:02.440 --> 01:06:08.360 just gonna go through this and if you have any questions please let me know 01:06:09.440 --> 01:06:12.960 so we've already again this is a something that you've seen already 01:06:12.960 --> 01:06:19.720 through the Clarion discussion we won't talk about the following items here that 01:06:19.720 --> 01:06:25.720 will be something that will be discussed as a separate discussion the tree code 01:06:25.720 --> 01:06:31.680 there is the late not the latest but the version up to where we had it last week 01:06:31.680 --> 01:06:38.080 in the version there in the development code today so if you're looking at the 01:06:38.080 --> 01:06:42.640 landscaping and conservation ordinance what you have in the code itself is 01:06:42.640 --> 01:06:47.600 pretty close but note that there are still changes being done to even more 01:06:47.600 --> 01:06:57.120 refine that ordinance and we will discuss that at a later time as I'm just 01:06:57.120 --> 01:07:01.840 going to go through this the topic of discussion that you see here on the 01:07:01.840 --> 01:07:08.520 fourth bullet is really the chapters one two and three the general provisions the 01:07:08.520 --> 01:07:14.160 administration and procedures chapter as well as the zoning district chapter the 01:07:14.160 --> 01:07:19.800 zoning district chapters are probably a big one that the Commission may be want 01:07:19.800 --> 01:07:24.080 a little bit further clarification and we can prepare that or do that for you 01:07:24.080 --> 01:07:30.120 all as we continue this presentation I'm gonna skip these because these are just 01:07:30.120 --> 01:07:33.880 gonna be something that will be coming up in the next planning zoning Commission 01:07:33.880 --> 01:07:42.120 work session that again is scheduled for February 27th okay so I've prepared the 01:07:42.120 --> 01:07:47.200 list and this list is similar to what Clarion presented I'm gonna start with 01:07:47.200 --> 01:07:53.440 chapter one and the big one that we discussed when I say we that's the 01:07:53.440 --> 01:08:01.280 Denton code review committee the DC RC was in chapter one was nonconformity 01:08:01.280 --> 01:08:09.000 right that's a big part of it and it was directed or determined that we are not 01:08:09.000 --> 01:08:13.680 going to create nonconformities for single-family detached dwellings duplexes 01:08:13.680 --> 01:08:20.560 or town homes if those established existing homes were developed and 01:08:20.560 --> 01:08:29.560 constructed legally they will remain legal even if the zoning map changes or 01:08:29.560 --> 01:08:35.360 the development standards changes they will still remain illegal and not be 01:08:35.360 --> 01:08:39.320 considered nonconforming Ron I have a question about that we talked last week 01:08:39.320 --> 01:08:47.520 Clarion that existing structures I think we're talking commercial if they meet 01:08:47.520 --> 01:08:52.920 certain thresholds 50% or a thousand square feet would trigger that portion 01:08:52.920 --> 01:08:57.520 of the update to meet new codes if it's above those thresholds that all of us we 01:08:57.520 --> 01:09:01.480 were able to code how does that play into the residential home if there's a 01:09:01.480 --> 01:09:08.520 renovation or a tear down can you talk about do those same thresholds apply 01:09:08.520 --> 01:09:15.480 across all residential zoning categories as well yes so the the residential for 01:09:15.480 --> 01:09:20.400 example an expansion you know they're still going to be the requirements that 01:09:20.400 --> 01:09:24.160 they have to comply with when it comes to the new code right because they can't 01:09:24.160 --> 01:09:28.820 encroach now if they were already encroaching over that the new setback 01:09:28.820 --> 01:09:33.240 line that's that that structure would be considered nonconforming but we're 01:09:33.240 --> 01:09:39.000 saying that for financial purposes or whatever you know legal purposes they're 01:09:39.000 --> 01:09:44.040 not considered nonconforming there was still remain legal so to you answer your 01:09:44.040 --> 01:09:47.600 question if they're expanding and they're encroaching into that setback 01:09:47.600 --> 01:09:53.880 they can't it's only if they were there prior to this code so they will still be 01:09:53.880 --> 01:09:58.160 required to comply with all the requirements of the DC it's just that if 01:09:58.160 --> 01:10:03.720 they're currently outside those requirements currently then they would 01:10:03.720 --> 01:10:09.200 not be considered nonconforming so they're moving say for like an NRR 4 I 01:10:09.200 --> 01:10:13.920 believe has the two from six feet to five feet right if they were encroaching 01:10:13.920 --> 01:10:17.840 that it's still not listed as a nonconforming if they were to pull a 01:10:17.840 --> 01:10:22.800 permit on that one foot encroachment they're still okay to touch that 01:10:22.800 --> 01:10:27.960 property or fix the property that would be encroaching they just can't take 01:10:27.960 --> 01:10:32.440 something that was outside six feet and now put it in that zone so if it will if 01:10:32.440 --> 01:10:38.960 they're expanding they would not be able to go past five is that if they're 01:10:38.960 --> 01:10:44.800 already past the six if they're already past six they would not be allowed to 01:10:44.800 --> 01:10:52.040 expand even further okay yeah we're not we're not we're not encouraging more you 01:10:52.040 --> 01:10:58.520 know outside but we recognize that those that have already been established have 01:10:58.520 --> 01:11:02.640 been legally constructed would not be considered nonconforming and I guess my 01:11:02.640 --> 01:11:05.960 point is if they touch what would have not been nonconforming and now they've 01:11:05.960 --> 01:11:13.240 updated that they're still protected by the nonconforming status lose that if 01:11:13.240 --> 01:11:18.040 they have to fix it fix oh yeah you know I mean if it's if it's something that 01:11:18.040 --> 01:11:23.760 they're they're just we you know you know touching or you know maintenance 01:11:23.760 --> 01:11:27.360 those those and there's actually a section on maintenance those would 01:11:27.360 --> 01:11:32.060 continue to be able to to remain there it's just when they're expanding you 01:11:32.060 --> 01:11:36.000 know where it is currently not there they would not be able to okay that makes 01:11:36.000 --> 01:11:41.240 sense thank you okay Christian Sanchez so what I know he has a question about 01:11:41.240 --> 01:11:46.400 tear downs what happens on a tear down if they there's a there's there's a 01:11:46.400 --> 01:11:50.960 believe a 50% I mean if you're gonna tear down voluntarily yeah if you're 01:11:50.960 --> 01:11:57.440 gonna tear down and say you're you want to rebuild a house where normally you 01:11:57.440 --> 01:12:01.640 wouldn't put a house and they tear it down completely at that point can they 01:12:01.640 --> 01:12:05.120 build in another house yeah well yes they can okay and but they have to 01:12:05.120 --> 01:12:08.400 comply with it I thought you were asking a different question okay yes you can 01:12:08.400 --> 01:12:13.360 build back but it's got to comply with the code that's currently in place I 01:12:13.360 --> 01:12:25.360 thought you were asking if it was you know they wanted to go past the really 01:12:25.360 --> 01:12:31.600 question again in chapter one pending applications and approved projects we 01:12:31.600 --> 01:12:37.080 obviously have a lot of activity today and that's not going to stop where we 01:12:37.080 --> 01:12:41.480 were not going to hold those projects to get this code update so as as those 01:12:41.480 --> 01:12:47.400 projects come in they will be able to continue and we talked about you know a 01:12:47.400 --> 01:12:54.840 time period between the adoption and the effective date the ability to select 01:12:54.840 --> 01:12:59.320 which one of course we would hope that they would choose the newer document but 01:12:59.320 --> 01:13:04.160 they still have the option to to stick with the existing one but again those 01:13:04.160 --> 01:13:08.520 projects will continue and we're not we're not stopping progress is I guess 01:13:08.520 --> 01:13:13.520 what I'm saying and the last item or last bullet just follow up on what you 01:13:13.520 --> 01:13:16.880 were just saying to Commissioner Sanchez when you were saying that if you 01:13:16.880 --> 01:13:20.600 voluntarily tear down a structure and you're saying they could rebuild they 01:13:20.600 --> 01:13:26.320 could rebuild an allowed use correct under the new code but even though the 01:13:26.320 --> 01:13:32.840 prior use may not be allowed anymore so they may be restricted if they had a 01:13:32.840 --> 01:13:37.320 prior use that's no longer allowed under the new code if they voluntarily tear 01:13:37.320 --> 01:13:42.040 it down so build back in other words they could build it allowed to use that 01:13:42.040 --> 01:13:47.000 they can't necessarily build a use that's no longer allowed correct it was 01:13:47.000 --> 01:13:50.400 obviously voluntary there there's no conformity there's the non-conforming uses 01:13:50.400 --> 01:13:54.680 you know but there's a there's a provision in chapter 1 that talks about 01:13:54.680 --> 01:13:59.120 if it was damaged through natural disaster I don't there's a there's a 01:13:59.120 --> 01:14:03.680 there's a lot of factors that play into that answer that question if they're 01:14:03.680 --> 01:14:08.280 doing it voluntarily then they have to comply with whatever use is permitted 01:14:08.280 --> 01:14:13.800 they have to comply with whatever design standards that's currently in place 01:14:13.800 --> 01:14:20.920 thank you chair okay so on the same topic Ron just to clarify so we're not 01:14:20.920 --> 01:14:25.280 going to call single-family homes non-conforming but they will have to 01:14:25.280 --> 01:14:29.520 adhere to the non-conforming going forward with the renovation 01:14:29.520 --> 01:14:35.200 percentages correct or rebuilds right correct yes okay so if it's existing 01:14:35.200 --> 01:14:40.200 it's fine but it's still going to fall into non-conforming parameters right you 01:14:40.200 --> 01:14:44.440 mean we're talking about you know existing homes that have been there for 01:14:44.440 --> 01:14:49.320 a while the zoning change made them non-conforming we don't we didn't want 01:14:49.320 --> 01:14:53.920 that the committee did not want that however if there are plans to expand 01:14:53.920 --> 01:14:58.320 build whatnot they have to comply with the code we're not increasing the 01:14:58.320 --> 01:15:05.360 non-conforming transition mr. Beck thank you chair just to confirm my 01:15:05.360 --> 01:15:13.000 understanding too is that once say it is a house that's now in a mixed-use area 01:15:13.000 --> 01:15:20.120 once it's destroyed either by so-called acts of God a fire or just abandoned 01:15:20.120 --> 01:15:26.720 they can't rebuild them because it's now in a new zone is that right there there 01:15:26.720 --> 01:15:29.880 is there's again there's those provisions there's the natural disaster 01:15:29.880 --> 01:15:34.680 there's 50% 50% is the it's completely wiped out that's what I'm saying by 01:15:34.680 --> 01:15:38.760 either and I believe and I believe there's provision if they want to to go 01:15:38.760 --> 01:15:46.280 through the board of adjustments to ask for a variance but the intent is to not 01:15:46.280 --> 01:15:50.620 a lot of them unless you know there's there's other you know the ZBA for 01:15:50.620 --> 01:15:58.440 example where they're less than 50% okay thanks again those those are all under 01:15:58.440 --> 01:16:05.760 chapter one chapter before I leave chapter one that is there's a provision 01:16:05.760 --> 01:16:10.440 or a discussion on new zoning districts and I know that that's an important 01:16:10.440 --> 01:16:18.360 thing we are also working very hard on making sure that those zoning districts 01:16:18.360 --> 01:16:26.040 that are going to go away comply or are similar in the new zoning district so 01:16:26.040 --> 01:16:32.640 for example we started this exercise with some zoning districts in combining 01:16:32.640 --> 01:16:39.040 them and we combined in our two and our three and made it our three well that 01:16:39.040 --> 01:16:44.320 didn't really sit well with the public and the committee decided which I think 01:16:44.320 --> 01:16:49.600 is a fair comment where we wanted to make sure that we didn't have a lot of 01:16:49.600 --> 01:16:55.480 those so what you see today in the draft map and in the development code is that 01:16:55.480 --> 01:17:01.080 if it's in our one it's gonna be our one and our two it's gonna be our two and so 01:17:01.080 --> 01:17:04.840 on and so forth nothing's gonna change for those neighborhood 01:17:04.840 --> 01:17:12.760 residentials one through six so if you are an NR six you will get an r6 and the 01:17:12.760 --> 01:17:18.080 hope is that it's not gonna impact that property owner as much because we're not 01:17:18.080 --> 01:17:23.000 changing much when it comes to those zoning districts now we do have a new 01:17:23.000 --> 01:17:33.820 r7 which is the combination of the dr1 the dr2 the rcr1 and the rcr2 so as you 01:17:33.820 --> 01:17:37.520 can see we have four zoning districts that we either use or don't use as 01:17:37.520 --> 01:17:43.440 often and we're combining that into one zoning district that is referred to as 01:17:43.440 --> 01:17:50.120 r7 that's that's just another explanation of how we transition from 01:17:50.120 --> 01:17:55.700 the current code or the current zoning district into the new line of zoning 01:17:55.700 --> 01:18:03.320 districts there is a table I'm gonna skip down to three so can there is this 01:18:03.320 --> 01:18:09.600 table I think you all seen this before and again this is all right this is an 01:18:09.600 --> 01:18:14.080 outdated I apologize this is already an outdated version this should be the what 01:18:14.080 --> 01:18:20.720 I just described earlier so don't look at this part in fact don't even look at 01:18:20.720 --> 01:18:30.080 it that that new chart really will will reflect where the existing zoning 01:18:30.080 --> 01:18:36.560 district is going to be in line with the new zoning district again the CMG the 01:18:36.560 --> 01:18:42.160 commercial mixed-use is going to be your suburban corridor zoning district your 01:18:42.160 --> 01:18:49.280 mixed-use NRMU NRMU 12 is going to be your MN mixed-use neighborhood zoning 01:18:49.280 --> 01:18:55.080 district so we're combining making it more concise a little bit more clear and 01:18:55.080 --> 01:19:01.240 really just allow I hate to use the word flexibility but it really is an 01:19:01.240 --> 01:19:06.960 opportunity to you know reduce the number of zoning cases or applications 01:19:06.960 --> 01:19:11.400 because really what is the intent you can go on back to the den plan 2030 we 01:19:11.400 --> 01:19:16.680 want to see more mixed uses we want to see more housing types we want to see 01:19:16.680 --> 01:19:23.060 more walkability and that's what's covered in the den code update any 01:19:23.060 --> 01:19:30.480 questions on chapter one okay chapter two which is another important chapter 01:19:30.480 --> 01:19:36.800 includes all of the processes the important document or important table 01:19:36.800 --> 01:19:46.800 there is the list of application types and you see that in that table then if I 01:19:46.800 --> 01:19:58.160 can refer if you guys have your book with you refer to page 16 and on that 01:19:58.160 --> 01:20:15.600 page see if I can do this 01:20:28.160 --> 01:20:48.800 there's a spell word here here we go I wanted to pull it up for the the viewing 01:20:48.800 --> 01:20:53.760 audience for those that don't have a copy in front of them I will I just 01:20:53.760 --> 01:21:06.520 wanted to highlight that because I think that's an important table and for those 01:21:06.520 --> 01:21:15.080 that are viewing it's den code 2030 comm to be able to access the latest draft 01:21:17.560 --> 01:21:26.120 and there we go so this is the table the top part of the table you see that 01:21:26.120 --> 01:21:33.640 we've listed all the application types that we see come through the planning 01:21:33.640 --> 01:21:37.000 zoning Commission and ultimately City Council not all of them but most of them 01:21:37.000 --> 01:21:43.320 it identifies a reference of where you can learn more about the process or 01:21:43.320 --> 01:21:48.680 procedures for each of these types when public notices are required if a 01:21:48.680 --> 01:21:55.760 pre-application is required if a citizen participation is recommended who the 01:21:55.760 --> 01:22:01.200 approving body is the reviewing and approving body is if it's an R there 01:22:01.200 --> 01:22:05.920 they're really reviewing and making a recommendation if it's a D then that is 01:22:05.920 --> 01:22:12.160 the decision-making body and if there's a bracket around it that means there's a 01:22:12.160 --> 01:22:17.560 public hearing that's required for that application so a specific use permit for 01:22:17.560 --> 01:22:24.680 example you we notify every way we can online mail publish as well as posted 01:22:24.680 --> 01:22:30.760 signs on the property we require pre-application and then we recommend a 01:22:30.760 --> 01:22:36.880 citizen participation from the applicant ultimately it goes through the planning 01:22:36.880 --> 01:22:40.640 zoning Commission for their recommendation and then to City Council 01:22:40.640 --> 01:22:47.880 for their consideration so this table is very handy it provides the citizens the 01:22:47.880 --> 01:22:55.880 development community really the the plan or the process a map of what really 01:22:55.880 --> 01:23:00.280 is going to be required if they decide to apply for a for an application type 01:23:00.280 --> 01:23:07.080 mr. Beck thank you chair okay I'm looking at under planning and DDC 01:23:07.080 --> 01:23:11.640 amendment zoning amendment yes sir so we're talking about a zoning change 01:23:11.640 --> 01:23:16.400 request right correct okay at the map the zoning amendment map that's changing 01:23:16.400 --> 01:23:20.160 the zoning of the map on on the map okay over in the column where it says 01:23:20.160 --> 01:23:27.480 citizen participation it's recommended that is correct what happened to would be 01:23:27.480 --> 01:23:32.040 well that's a that's a comment we can obviously take note of but we've heard 01:23:32.040 --> 01:23:39.900 from several several folks in and that is currently the proposal moving forward 01:23:39.900 --> 01:23:46.640 it's all folks be like developers everybody okay because last time I 01:23:46.640 --> 01:23:51.160 thought the conversation was and I thought it was even written down that at 01:23:51.160 --> 01:23:55.320 least on zone change and maybe even SUPs that neighborhood meetings would be 01:23:55.320 --> 01:23:59.960 required I can just say that there's been a lot of discussion on this topic 01:23:59.960 --> 01:24:06.780 if it's the Commission's purview we we can take direction from the Commission 01:24:06.780 --> 01:24:13.780 and identify which one if that is the case will require a public hearing or 01:24:13.780 --> 01:24:17.680 I'm sorry a citizen participation but we're we're recommending we're 01:24:17.680 --> 01:24:23.440 encouraged encouraging applicants to participate in a neighborhood meetings 01:24:23.440 --> 01:24:30.960 one or two pressure else thank you chair we but you're not taking away the public 01:24:30.960 --> 01:24:36.680 hearing no no that's that's that's a separate this is this is citizen 01:24:36.680 --> 01:24:44.640 participation is having the applicant hold neighborhood meetings one before 01:24:44.640 --> 01:24:50.360 they submit or they get comments from staff and then one before the the first 01:24:50.360 --> 01:24:54.360 public hearing which would be the Plain Zoning Commission for example well to 01:24:54.360 --> 01:24:58.360 continue again and if this is something the Commission would like to discuss I 01:24:58.360 --> 01:25:02.240 kind of thought we were in favor of requiring neighborhood meetings because 01:25:02.240 --> 01:25:06.400 it eliminates a lot of hassle by the time the public gets to the public 01:25:06.400 --> 01:25:11.600 hearing and a lot of questions get answered where if we wait till the 01:25:11.600 --> 01:25:15.720 public hearing then and only then does a developer kind of lay out things where 01:25:15.720 --> 01:25:20.760 citizens probably wouldn't come to the public here so if I'm gonna let Richard 01:25:20.760 --> 01:25:25.600 hop in real fast if I recall also I know the way we had originally brought it 01:25:25.600 --> 01:25:30.560 forward I know there was some I think some legal concerns with having it as a 01:25:30.560 --> 01:25:35.800 requirement before somebody somebody could submit an application and so 01:25:35.800 --> 01:25:40.800 that's where we had left it sort of moving forward as as a as a voluntary 01:25:40.800 --> 01:25:52.200 action I wasn't familiar with that so legal could you elaborate on you want to 01:25:52.200 --> 01:25:57.000 or you want me to jump in if you want to there's there's two issues really you 01:25:57.000 --> 01:26:06.520 know one is that that a required was called permit under chapter 245 can 01:26:06.520 --> 01:26:11.720 create a vesting event and certainly that's a that's a policy decision in 01:26:11.720 --> 01:26:16.280 there but you know it's something to be aware of that it could create that and 01:26:16.280 --> 01:26:24.680 the second issue is oh geez it just jumped out of my head oh as far as 01:26:24.680 --> 01:26:32.840 non-discretionary decisions that that having that participation meeting with 01:26:32.840 --> 01:26:40.040 the neighborhood could create a false expectation that that their input and 01:26:40.040 --> 01:26:45.120 their their thoughts one way or another could have a an impact when legally it 01:26:45.120 --> 01:26:51.200 cannot so for example if you're talking about a plat application you know for 01:26:51.200 --> 01:26:57.200 for a final plat just use a simple case that has to be approved if it meets the 01:26:57.200 --> 01:27:03.480 standards of the Denton Development Code and if if you if you have a 01:27:03.480 --> 01:27:09.400 participation meeting and have the citizens come out they're likely to be 01:27:09.400 --> 01:27:16.360 kind of upset about it if if they come out there and and realize that it doesn't 01:27:16.360 --> 01:27:21.920 really just spent their time for nothing because it's it's not a discretionary 01:27:21.920 --> 01:27:28.480 decision now on zoning cases that's a different matter you know there the the 01:27:28.480 --> 01:27:35.920 the citizen input is a very important part of that discretionary decision of 01:27:35.920 --> 01:27:43.440 whether or not to allow a particular zoning change to occur or to allow a 01:27:43.440 --> 01:27:56.640 change in it say a text amendment okay thanks thank you chair well what I'll 01:27:56.640 --> 01:28:01.120 just add to that Commissioner Beck in my opinion is that sometimes there's not a 01:28:01.120 --> 01:28:05.600 neighborhood to have a meeting with as well so if it's required I mean you know 01:28:05.600 --> 01:28:09.000 I mean that doesn't make sense either highly recommended and I think I think 01:28:09.000 --> 01:28:12.920 we've shown to where developers are certainly willing to do that at the 01:28:12.920 --> 01:28:16.720 recommendation of staff and so I think the requirement factor is I mean not 01:28:16.720 --> 01:28:22.840 only for legal purposes but it may not make sense either well clearly where 01:28:22.840 --> 01:28:28.960 there isn't a group of people that can sit on or there's one person that that 01:28:28.960 --> 01:28:34.440 goes without saying but we're talking about areas where generally when it gets 01:28:34.440 --> 01:28:38.640 to the public hearing the public's just now founding out about how things are 01:28:38.640 --> 01:28:43.040 going to be laid out and what their plans are and creates a lot of grief 01:28:43.040 --> 01:28:46.640 there where it could be eliminated at a meeting if they just sit down and talk 01:28:46.640 --> 01:28:51.200 with them then so but clearly where there's there's no public outcry or 01:28:51.200 --> 01:28:55.280 anything like that I wouldn't expect one to be able but if I could hop in before 01:28:55.280 --> 01:29:01.280 Commissioner Smith to two points it'd be really hard to write recommended or 01:29:01.280 --> 01:29:04.880 required unless there's only one person attendance like that becomes a little 01:29:04.880 --> 01:29:08.880 nuance in the language but to Commissioner Ellis's point we have the 01:29:08.880 --> 01:29:14.320 public hearing and for the Commission and for counsel it's certainly in the 01:29:14.320 --> 01:29:16.720 best interest for the developer and understand what's about to be brought 01:29:16.720 --> 01:29:19.520 towards the public it's in their best interest to have that meeting which is 01:29:19.520 --> 01:29:22.840 why we're recommending it so they're not blindsided at the meeting so I think I 01:29:22.840 --> 01:29:27.080 would hope that developers would still pursue that practice because if I was a 01:29:27.080 --> 01:29:30.600 developer and I come to an open hearing I would want to know what the public's 01:29:30.600 --> 01:29:33.840 about the rail against me right so I have a defense for it which is what the 01:29:33.840 --> 01:29:37.640 public hearing in essence allows them to do so I'm fine with it being 01:29:37.640 --> 01:29:42.000 recommended but not required but I know Christian Smith had some words I think 01:29:42.000 --> 01:29:45.840 just added we've you know it was it wasn't but maybe till a year ago or so 01:29:45.840 --> 01:29:49.280 that there was really being stressed to developers they have these neighborhood 01:29:49.280 --> 01:29:53.320 meetings and so I remember the decision seen before this Commission year and a 01:29:53.320 --> 01:29:57.200 half two years ago where we know said hey we're gonna table this conversation 01:29:57.200 --> 01:30:00.640 till you have a neighborhood meeting and so I don't I don't think 01:30:00.640 --> 01:30:04.600 recommendations a good way to go on this because you would end up forcing 01:30:04.600 --> 01:30:08.320 people into having to have neighborhood meetings when it's not necessary it's an 01:30:08.320 --> 01:30:11.800 expense and a restriction on a developer that it may not be needed in all 01:30:11.800 --> 01:30:15.400 situations but if we know as we as a Commission are gonna obviously see it 01:30:15.400 --> 01:30:20.160 zoning cases SUPs that look like hey have you talked to the neighborhood yet 01:30:20.160 --> 01:30:23.560 and the applicant says no okay well you're gonna need to go do that before we 01:30:23.560 --> 01:30:27.000 even give you a decision because we want nothing of it till we hear with the with 01:30:27.000 --> 01:30:34.520 the neighborhood ones so just you I mean just add to what Commissioner Smith was 01:30:34.520 --> 01:30:39.480 talking we have a pre-application conference and you see here it's it's 01:30:39.480 --> 01:30:46.720 required in most of the complex projects and we will obviously stress to the 01:30:46.720 --> 01:30:51.440 applicant at that time that hey this is what the Commission has done this is 01:30:51.440 --> 01:30:56.100 what we highly recommend so there will be opportunities for that but I do see 01:30:56.100 --> 01:31:00.680 both sides and of course ultimately it's a policy decision on how we want to move 01:31:00.680 --> 01:31:11.880 forward all right more on chapter 2 and again you've heard this presentation 01:31:11.880 --> 01:31:16.560 from Clarion I'm just gonna repeat it just so that we have opportunity if we 01:31:16.560 --> 01:31:21.120 need to to bring up any questions or further clarification we already talked 01:31:21.120 --> 01:31:24.480 about the pre-application we already talked about the citizen participation 01:31:24.480 --> 01:31:31.160 there's a site plan review and put it into presentation looks for AV thank you 01:31:31.160 --> 01:31:39.660 for that there is a site plan procedure included in the DIN code in fact all of 01:31:39.660 --> 01:31:47.080 the applications that you saw on that table has a separate procedure section so 01:31:47.080 --> 01:31:52.960 you can see what is required what you need to do and where it will end up and 01:31:52.960 --> 01:32:00.080 being considered included in those procedures are application criteria for 01:32:00.080 --> 01:32:05.960 approval and so you as a commission or a citizen or a developer you can see what 01:32:05.960 --> 01:32:10.920 that application criteria I'm sorry approval criteria is is for that 01:32:10.920 --> 01:32:25.520 application type let's see here another procedure or another process is PDs this 01:32:25.520 --> 01:32:31.120 is a new thing that is not currently in the code that is something that is being 01:32:31.120 --> 01:32:36.640 proposed and for some of you that are familiar with PDs you know that we have 01:32:36.640 --> 01:32:41.380 several currently in the city and what is being proposed is that it be brought 01:32:41.380 --> 01:32:46.520 back and this is to allow for development types or development that is 01:32:46.520 --> 01:32:54.400 that cannot necessarily meet some of the design standards but way but wait wait 01:32:54.400 --> 01:33:00.780 through PDs be able to provide more in one respect while less than others so 01:33:00.780 --> 01:33:07.480 that's an option that is a available to the applicant to submit if they choose 01:33:07.480 --> 01:33:12.400 to does anybody have any questions on PDs I know that we've heard several 01:33:12.400 --> 01:33:17.920 presentations in the past where PDs have come in for amendments but we're again 01:33:17.920 --> 01:33:21.160 this is going to be new this is something that an applicant apply for a 01:33:21.160 --> 01:33:26.800 new PD for a part of the city for sure back thank you chair so we're not 01:33:26.800 --> 01:33:31.680 limited to five acres or anything like that anymore that's any size correct 01:33:31.680 --> 01:33:38.720 that that is the the direction that we receive and again that is obviously open 01:33:38.720 --> 01:33:43.480 for discussion but right now the proposal is that PDs would not have a 01:33:43.480 --> 01:33:50.640 minimum acreage so property that is less than five can come in and request PD and 01:33:50.640 --> 01:33:55.480 of course there's gonna be a lot of work that goes into the PD so hopefully we 01:33:55.480 --> 01:34:02.760 can address it when when we're in that stage okay thanks included as well in 01:34:02.760 --> 01:34:08.840 chapter 2 is a list of flexible or relief procedures and those are in the 01:34:08.840 --> 01:34:14.840 form of minor modifications interpretations and development 01:34:14.840 --> 01:34:20.120 agreements I really want to focus on the minor modification that is what we're 01:34:20.120 --> 01:34:26.600 hoping would reduce the amount or eliminate the amount of alternative 01:34:26.600 --> 01:34:30.240 development plans in fact there will be no alternative development plans if you 01:34:30.240 --> 01:34:36.600 are not able to develop even with a minor modification you're going to be 01:34:36.600 --> 01:34:43.720 directed to your options are PD rezone or comply with the code we hope that 01:34:43.720 --> 01:34:47.920 they are able to comply with the code but if not there are other options so 01:34:47.920 --> 01:34:56.120 again minor modification is the other flexible option Ron is ZBA involved into 01:34:56.120 --> 01:35:02.480 that process or is it minor modification goes to staff if not it comes to P and Z 01:35:02.480 --> 01:35:11.520 based on a PD or rezone the the way it is and if I pull up that the the chart 01:35:11.520 --> 01:35:16.600 and I can explain further from that chart so bear with me 01:35:16.600 --> 01:35:20.560 just need to get to it real quick 01:35:20.560 --> 01:35:43.920 hopefully I haven't passed it it's way in the back there we go so this chart here 01:35:43.920 --> 01:35:52.680 for for those are watching are the standards that can be modified and it is 01:35:52.680 --> 01:36:02.240 up to 10% so for example if you want to if you want to propose a lot area lower 01:36:02.240 --> 01:36:08.480 than what's the minimum you can go down to 10% of what that requirement is vice 01:36:08.480 --> 01:36:13.960 versa if you want to increase your lot coverage 10% higher than what is 01:36:13.960 --> 01:36:20.560 required then you can go up to 10% and the way to answer your question chair 01:36:20.560 --> 01:36:29.680 Roselle is that if the application is going to be approved by staff then staff 01:36:29.680 --> 01:36:35.480 can make that determination or approve that if it is a more of a P and Z or 01:36:35.480 --> 01:36:40.340 even City Council then they would have to go through them to get that minor 01:36:40.340 --> 01:36:45.680 modification make sense yep so thank you I think it's gonna avoid the ZBA but 01:36:45.680 --> 01:36:53.080 hopefully we we can look at it and approve it without having further you 01:36:53.080 --> 01:37:03.840 know alterations great anybody have any questions on minor modifications again 01:37:03.840 --> 01:37:08.560 just setbacks you know someone was saying earlier well what's 10% of five 01:37:08.560 --> 01:37:14.400 feet you know so I mean there's there's there's there's obviously room and this 01:37:14.400 --> 01:37:19.240 allows some flexibility again what we were talking about earlier for someone 01:37:19.240 --> 01:37:24.560 that may not be able to meet it and then they just need that 10% this is one way 01:37:24.560 --> 01:37:28.560 of doing it and not have to go through the whole process of a ZBA or even a 01:37:28.560 --> 01:37:41.780 zoning change that's that was the intent of this process okay and just the two 01:37:41.780 --> 01:37:46.840 last bullets here the special exceptions is not being carried forward and the 01:37:46.840 --> 01:37:51.040 subdivision variance is not moving forward again the intent is that it's 01:37:51.040 --> 01:37:57.240 it's available the way it's the code is drafted there's ways to get there 01:37:57.240 --> 01:38:05.800 through other options okay chapter three this was that Richard sorry Ron okay can 01:38:05.800 --> 01:38:09.600 you go back maybe explain a little bit about the zoning certificate of 01:38:09.600 --> 01:38:13.640 compliance and how that really will replace what we do now with with 01:38:13.640 --> 01:38:17.600 certificate of certificates of occupancy which really are more of a 01:38:17.600 --> 01:38:22.520 building code matter where this will actually as it should take the place of 01:38:22.520 --> 01:38:27.800 that and explicitly say what you can and can't do with that site as that use 01:38:27.800 --> 01:38:32.880 changes with a zoning certificate as opposed to that certificate of use so I 01:38:32.880 --> 01:38:37.200 just wanted to point that out because that will be something new that that has 01:38:37.200 --> 01:38:41.760 never been done currently it all gets wrapped into a CO which really isn't or 01:38:41.760 --> 01:38:45.560 certificate of occupancy which really isn't a land use or zoning function 01:38:45.560 --> 01:38:50.360 that's really a function of the building code so they've been separated out 01:38:50.360 --> 01:38:56.520 they'll have a CEO and if it's just a change of use so say it's it's going from 01:38:56.520 --> 01:39:01.520 you know it's within that same building type and maybe Scott can can talk a 01:39:01.520 --> 01:39:04.880 little bit more on the on the building classifications whether it's mercantile 01:39:04.880 --> 01:39:09.280 assembly I mean that that's really a CEO as opposed to whether it's a restaurant 01:39:09.280 --> 01:39:13.520 or church and I think there's even there's three pieces to this one is is 01:39:13.520 --> 01:39:18.040 we we may have a piece of land or a parcel that someone's going to occupy or 01:39:18.040 --> 01:39:23.080 use that we can't issue a certificate of occupancy to because there's nothing to 01:39:23.080 --> 01:39:28.060 occupy but they but they're able to use that so ie if it were let's say a flea 01:39:28.060 --> 01:39:30.880 market so they're going to utilize the land as a flea market is it an 01:39:30.880 --> 01:39:36.160 appropriate zoning district so to be able to issue that number two is then 01:39:36.160 --> 01:39:40.400 when we have a structure in place and we have a certificate of occupancy which 01:39:40.400 --> 01:39:43.900 says then the building classification and the type of use within the building 01:39:43.900 --> 01:39:48.480 meets the zoning requirements and meets the building code and then the third 01:39:48.480 --> 01:39:52.920 piece to that would be what we do today is if we have a change in ownership or a 01:39:52.920 --> 01:39:56.600 change of a business we issue another certificate of occupancy which is not 01:39:56.600 --> 01:40:00.560 accurate because it's not a change of the building type or the over the 01:40:00.560 --> 01:40:05.320 business use it really is a licensing procedure so it's a business license so 01:40:05.320 --> 01:40:09.680 we're just trying to clarify so we don't create confusion and I'll give you an 01:40:09.680 --> 01:40:14.960 example if you have a business on the square if it's a if it's a B use in the 01:40:14.960 --> 01:40:20.240 building code that could be an accountant's business it could be a 01:40:20.240 --> 01:40:26.120 chiropractor or I could change between it whether it's a bank to a 01:40:26.120 --> 01:40:29.920 chiropractor and I'm issuing a new certificate of occupancy which may then 01:40:29.920 --> 01:40:35.000 in turn change the date of that certificate of occupancy etc which 01:40:35.000 --> 01:40:38.560 legally could create some problems so we just want to separate to say no it's not 01:40:38.560 --> 01:40:41.920 changing anything on the land use not changing anything on the building use 01:40:41.920 --> 01:40:46.280 it's just the person in the building is changing so three pieces to that if it 01:40:46.280 --> 01:40:48.680 makes sense 01:40:48.680 --> 01:41:04.760 any other questions on chapter 2 before we go to chapter 3 all right chapter 3 01:41:04.760 --> 01:41:11.840 this is the exciting one it contains the zoning districts in includes the 01:41:11.840 --> 01:41:17.040 purpose and a description of each of the zoning districts I will be happy to go 01:41:17.040 --> 01:41:21.200 over each of those and I actually will pull up that if we want to just wanted 01:41:21.200 --> 01:41:31.440 to get your your input the zoning districts are condensed and when we 01:41:31.440 --> 01:41:38.280 started off with there are new ones as well so if no questions I'm gonna go 01:41:38.280 --> 01:41:44.320 ahead and get to the zoning districts I think we're good 01:41:44.320 --> 01:41:52.320 apologize for going back and forth but I think it's important to you see the plan 01:41:52.320 --> 01:42:02.280 the the code that is so the first one is our rural I'm sorry I'm kind of stuck 01:42:02.280 --> 01:42:07.320 with it for our existing zones the residential rural district the RR in 01:42:07.320 --> 01:42:16.800 that is the lowest intense zoning district that we have proposed so this 01:42:16.800 --> 01:42:22.160 is the area that primarily is around the periphery of the city in areas that 01:42:22.160 --> 01:42:32.880 have large lots and the minimum lot size for an RR is five acres the lot width 01:42:32.880 --> 01:42:38.600 the minimum lot width lot depth is 100 and 200 and then your your setbacks are 01:42:38.600 --> 01:42:44.900 shown here your maximum building height is 65 and lot curvers just maximum lot 01:42:44.900 --> 01:42:50.600 coverage excuse me is 35 so it's meant for those large track large lot 01:42:50.600 --> 01:42:57.800 developments along the periphery of the city yes so currently when a land is 01:42:57.800 --> 01:43:04.200 annexed and it comes in as an already 5x they have to have it zoned again before 01:43:04.200 --> 01:43:09.140 development go yeah it was never zoned not to being good with it was just 01:43:09.140 --> 01:43:16.480 given that as a designation so going forward if the city annexes land it's 01:43:16.480 --> 01:43:22.720 going to come in zoned as an RR there's still gonna be a holding well the plane 01:43:22.720 --> 01:43:27.360 is to if the city area annexes a property either voluntary or involuntary 01:43:27.360 --> 01:43:34.280 most likely be voluntary that we zone that a month later immediately after so 01:43:34.280 --> 01:43:39.960 but in between it will have the RR as kind of like the designated one but the 01:43:39.960 --> 01:43:43.800 intent is to zone that property immediately to the appropriate zoning 01:43:43.800 --> 01:43:48.080 district and most of the time you see annexations that come in they 01:43:48.080 --> 01:43:51.640 immediately want to zone that property and that's the hope 01:43:51.640 --> 01:43:58.280 agree but it will be RR but it does seem going forward and annexation could it 01:43:58.280 --> 01:44:03.440 would be zoned a full zone as soon as it's annexed with the hope of soon after 01:44:03.440 --> 01:44:08.080 rezoning it but it it will be annexed into the city with a zone of RR the 01:44:08.080 --> 01:44:13.960 process is separate it has to be annexed first okay before we can zone it because 01:44:13.960 --> 01:44:17.880 technically it's not in the city sure so when we notice we can only notice 01:44:17.880 --> 01:44:22.600 properties within the city or you know the application and so it would have to 01:44:22.600 --> 01:44:25.880 be annexed first so that's what I was saying earlier that after a month later 01:44:25.880 --> 01:44:30.680 or so when we can get it scheduled we'll have a rezoning of that property okay 01:44:30.680 --> 01:44:35.800 so it seems like we're not providing enough time for someone to come in with 01:44:35.800 --> 01:44:41.940 a plat or anything as an RR it would still kind of go through the formal 01:44:41.940 --> 01:44:45.840 zoning process before development was to commence correct zoning has to be in 01:44:45.840 --> 01:44:51.560 place before obviously otherwise they would have to plat according to the RR 01:44:51.560 --> 01:44:54.960 and most of the times they they don't want to do that they want to do 01:44:54.960 --> 01:44:58.680 something more in line of what they were thinking of when they first considered 01:44:58.680 --> 01:45:09.120 annexation okay so that's RR any questions on RR just let me know if you 01:45:09.120 --> 01:45:17.640 all have any questions R1 is again what we currently have as the NR1 zoning 01:45:17.640 --> 01:45:24.200 districts one of the things that I failed to mention and I'll pull up in 01:45:24.200 --> 01:45:30.200 this chart one of the things that is missing or is not included is density 01:45:30.200 --> 01:45:37.400 there is no density requirement you just have to develop within the development 01:45:37.400 --> 01:45:43.360 standards that are shown here that also includes the development standards that 01:45:43.360 --> 01:45:48.720 are in chapter 6 when it comes to parking as well as open space and 01:45:48.720 --> 01:45:54.080 landscaping so the idea is you're you you're not tied to density but you're 01:45:54.080 --> 01:45:59.960 tied to the development standards which we sort of have today but again moving 01:45:59.960 --> 01:46:07.320 forward the density is not going to play or is not outlined as it is currently 01:46:07.320 --> 01:46:11.200 does that make sense and I know there's a lot of faces that are like what are you 01:46:11.200 --> 01:46:16.880 talking about no density development standards is what we're going to be 01:46:16.880 --> 01:46:24.320 using so the development standards for R1 minimum watt area is 3200 square feet 01:46:24.320 --> 01:46:32.040 and if you know the R1 that's what it's currently 32,000 excuse me thank you 01:46:32.040 --> 01:46:35.440 and I'm not going to go through that list but you can see what is being 01:46:35.440 --> 01:46:41.360 proposed and a lot of times the density is kind of controlled by the minimum 01:46:41.360 --> 01:46:47.480 lot area so you can only build so much because you can only put so many lots 01:46:47.480 --> 01:46:58.200 within that minimum lot area with that minimum lot area okay I'll continue with 01:46:58.200 --> 01:47:05.480 R2 the same thing in R2 is being proposed to be R2 and minimum lot area 01:47:05.480 --> 01:47:14.720 there is 16,000 square feet maximum height is 40 and lot 01:47:14.720 --> 01:47:26.000 coverage is 30 R3 is your NR3 10,000 square feet maximum building height is 01:47:26.000 --> 01:47:39.040 40 a 50 percent maximum lot coverage R4 is your NR4 zoning district minimum lot 01:47:39.040 --> 01:47:44.080 area is 7,000 you're getting you're getting smaller in lot area so that 01:47:44.080 --> 01:47:48.400 means you can build more lots on a property so that again we're going from 01:47:48.400 --> 01:47:54.820 low to high maximum building height is 40 a higher lot coverage maximum of 60 01:47:54.820 --> 01:48:04.800 percent we don't have our five because we do not have our our NR5 and we didn't 01:48:04.800 --> 01:48:11.480 want to confuse everyone so we jumped in our R6 so the R6 is what we have 01:48:11.480 --> 01:48:18.160 currently as NR6 minimum lot area there is 6,000 square feet again the building 01:48:18.160 --> 01:48:28.040 height is 40 and lot coverage is 60 percent R7 is the new zoning district 01:48:28.040 --> 01:48:35.240 that we described earlier as being a combination of the dr1 dr2 RCR 1 and 01:48:35.240 --> 01:48:43.120 RCR 2 and you see that the minimum lot area there is 4,000 and that's that's a 01:48:43.120 --> 01:48:49.040 substantially dropped from 6,000 to 4,000 the intent here is that you're looking at 01:48:49.040 --> 01:48:57.160 smaller type developments in the form of townhomes or duplexes something to that 01:48:57.160 --> 01:49:03.920 effect and again building height is 40 maximum lot coverage is 65 a little 01:49:03.920 --> 01:49:10.680 higher because of the lower or the smaller lot area that's all of the 01:49:10.680 --> 01:49:18.640 residential dimensional standards after residential we go into mixed-use 01:49:18.640 --> 01:49:26.520 districts so does anybody have any questions on the residential districts 01:49:26.520 --> 01:49:33.480 all right mixed-use districts we've got three districts in here the first one is 01:49:33.480 --> 01:49:40.200 the mixed-use neighborhood this replaces the NRMU the NRMU 12 zoning 01:49:40.200 --> 01:49:50.000 districts and you'll see here that the lot area is minimum water is 2,500 again 01:49:50.000 --> 01:50:01.800 for higher density type development the height here is 65 feet and there is a lot 01:50:01.800 --> 01:50:16.400 coverage up to 80% moving on to MD MD replaces your DCN and DCG zoning 01:50:16.400 --> 01:50:24.240 district primarily the areas close to downtown and again the dimensional 01:50:24.240 --> 01:50:32.360 standards you see here are none primarily because it's in the downtown 01:50:32.360 --> 01:50:40.200 area and there is more room less room that is to develop so requiring setbacks 01:50:40.200 --> 01:50:49.080 and a lot with for certain areas in the MD is not feasible and you probably are 01:50:49.080 --> 01:50:54.360 probably wondering where that MD is located it's really concentrated in the 01:50:54.360 --> 01:50:59.520 downtown area so if you haven't had a chance to look at the zoning map it's 01:50:59.520 --> 01:51:07.360 Parkway exposition Carol and sycamore so just that general area around downtown 01:51:07.360 --> 01:51:12.600 Mr. Beck thank you chair what is the distance in this case from the I guess 01:51:12.600 --> 01:51:18.840 that'd be the curb at the front of the building then is there a minimum from the 01:51:18.840 --> 01:51:22.840 curb to the front of the building there so the curb there said there has to be 01:51:22.840 --> 01:51:28.080 sidewalks and typically that's gonna follow the property line so the building 01:51:28.080 --> 01:51:32.280 can only encroach up to the property line right and so it wouldn't hit the 01:51:32.280 --> 01:51:37.600 curb it would it depends okay I guess what I'm gonna have going after is what 01:51:37.600 --> 01:51:42.600 kind of walkways are we looking at then in conditions like this or five foot six 01:51:42.600 --> 01:51:47.840 it all depends on the right the right away classification so depending and 01:51:47.840 --> 01:51:53.120 again there's not I mean looking at downtown you've got Elm Locust Hickory 01:51:53.120 --> 01:51:58.200 Oak or some of the major streets those are not gonna change the properties are 01:51:58.200 --> 01:52:04.000 not gonna encroach far into the right away it is already established so the 01:52:04.000 --> 01:52:12.240 intent is to build right at the property line okay thanks and the last mixed use 01:52:12.240 --> 01:52:21.720 district is the MR this is your RCCN and RCCD primarily along I-35 the Golden 01:52:21.720 --> 01:52:29.000 Triangle Mall the medical city area those are primarily MRs are proposed to 01:52:29.000 --> 01:52:35.660 be MR they are obviously high intense mixed use districts again going back to 01:52:35.660 --> 01:52:41.160 the Denim Plan 2030 there is a lot of goals and actions to create more 01:52:41.160 --> 01:52:47.320 walkability more mixed use more compact and so this is a result of that you can 01:52:47.320 --> 01:52:52.560 see that the maximum building height is up to a hundred feet and can cover up to 01:52:52.560 --> 01:53:01.680 90% I'm gonna make an assumption but clarify so I'm not assuming the 01:53:01.680 --> 01:53:06.840 difference between MD and MR is is 5% lot coverage the reason I'm assuming 01:53:06.840 --> 01:53:11.280 they're separated out is for the uses in those locations correct okay so list of 01:53:11.280 --> 01:53:16.880 uses in both zoning districts differ because of the the area and the intent 01:53:16.880 --> 01:53:24.600 of those zoning districts okay we're leaving the mixed use districts and 01:53:24.600 --> 01:53:33.000 getting into the non-residential zoning districts unless there's any other 01:53:33.000 --> 01:53:38.320 unless there's questions on the mixed use districts okay so the first one under 01:53:38.320 --> 01:53:44.400 the non-residential zoning districts is SC which is suburban corridor those are 01:53:44.400 --> 01:53:50.080 the ones that you see or will see part of the draft zoning map along University 01:53:50.080 --> 01:53:55.680 Teasley the loop those are the areas that we see more of the SC they're 01:53:55.680 --> 01:54:03.200 primarily for commercial corridors of course and then also commercial nodes 01:54:03.200 --> 01:54:09.560 where major corridors intersect you'll see a lot of the SC proposed in those 01:54:09.560 --> 01:54:18.680 areas with that we've got dimensional standards associated with them the 01:54:18.680 --> 01:54:28.280 maximum height is 55 and maximum lot coverage is 80% highway corridor is your 01:54:28.280 --> 01:54:35.360 larger corridors that's primarily I 35 you know I 35 east west as well as north 01:54:35.360 --> 01:54:41.360 and I wish we can show and we'll look at the zoning map and hopefully this will 01:54:41.360 --> 01:54:46.320 make more sense when we see the zoning map to mr. Beck thank you chair you're 01:54:46.320 --> 01:54:52.640 going back suburban corridor yes sir was there any dwelling residential type 01:54:52.640 --> 01:54:58.440 dwelling that's allowed in there multi-family that that's that that's 01:54:58.440 --> 01:55:02.800 covering face over business right that's covered in chapter 5 where we have the 01:55:02.800 --> 01:55:09.000 list of uses and I can tell you that multi-family is permitted in the SC 01:55:09.000 --> 01:55:14.580 with a specific use permit and then work live dwelling is permitted by right okay 01:55:14.580 --> 01:55:26.480 thanks highway corridor even higher intensity maximum height a hundred feet 01:55:26.480 --> 01:55:39.760 maximum lot coverage is 80% geo general office this is your I see I'm sorry ECC 01:55:39.760 --> 01:55:46.840 and ICE zoning districts your light industrial your office little bit more 01:55:46.840 --> 01:55:52.560 intense commercial uses are permitted here the intent of general office when 01:55:52.560 --> 01:55:57.160 we go back to the den plan 2030 is where do we create more employment 01:55:57.160 --> 01:56:04.160 employment hubs you'll see more geos along the west side of town north of 380 01:56:04.160 --> 01:56:10.000 that is an identified area for business innovation we want to see that area grow 01:56:10.000 --> 01:56:15.440 not necessarily heavy industrial but we can see potentially light industrial or 01:56:15.440 --> 01:56:20.880 even more corporate business parks that sort of thing that's something that we 01:56:20.880 --> 01:56:28.380 want to promote as a city dimensional standards for that are as follows you do 01:56:28.380 --> 01:56:37.640 see a height up to 100 feet and again locker which no more than 80% and then 01:56:37.640 --> 01:56:44.160 we've got three more here on the next one is light industrial that's your you 01:56:44.160 --> 01:56:55.900 know you're lighter than than compared to the heavy that is your ICG no ECI 01:56:55.900 --> 01:57:09.320 and ICE zoning districts maximum height here is 75 and up to 85% your heavy 01:57:09.320 --> 01:57:18.520 industrial is a maximum height of 75 and a maximum of 75 I'm sorry 70% and again 01:57:18.520 --> 01:57:26.080 this is your ICG primarily the area west of I-35 by the airport is where this HI 01:57:26.080 --> 01:57:32.320 is located and then the last zoning district that we have identified is PF 01:57:32.320 --> 01:57:38.120 and as you heard from the presentation in by clarion this is to capture all the 01:57:38.120 --> 01:57:45.880 governmental as well as institutional properties your universities your FEMA 01:57:45.880 --> 01:57:52.280 parts of the county buildings as well building county properties as well so 01:57:52.280 --> 01:58:01.640 that's that's under the PF zoning district and these are the lot or the 01:58:01.640 --> 01:58:08.960 dimensional standards for PF okay well that is the summary of all the zoning 01:58:08.960 --> 01:58:18.880 districts that we have proposed does anybody have any questions okay well I'm 01:58:18.880 --> 01:58:22.840 gonna go back to my presentation because I think the next step if the 01:58:22.840 --> 01:58:29.480 Commission would like to again we're going to turn this on to slide show we're 01:58:29.480 --> 01:58:37.160 gonna skip this slide we're gonna go to we're not going to go to four now it 01:58:37.160 --> 01:58:41.120 really is something that we will discuss at our next meeting but I wanted to give 01:58:41.120 --> 01:58:45.880 an opportunity since we just talked about the zoning district is to go to 01:58:45.880 --> 01:58:50.080 the map and kind of just show a little bit what we talked about where where 01:58:50.080 --> 01:58:54.800 those zoning districts is because when you consider the development code update 01:58:54.800 --> 01:58:59.280 you're also considering the zoning map so just want to make sure that when that 01:58:59.280 --> 01:59:04.520 time comes you guys are familiar and comfortable with the zoning map as well 01:59:04.520 --> 01:59:10.520 so I want to 01:59:10.520 --> 01:59:26.160 and again this map is available currently online at den code 2030 comm for those 01:59:26.160 --> 01:59:31.320 that are viewing you can search your property and see what's being proposed 01:59:31.320 --> 01:59:36.560 mr. Ellis thank you chair on that note Ron can we maybe get that website link 01:59:36.560 --> 01:59:42.800 on the city's website okay everybody may not know the Dutton code 2030 I know I 01:59:42.800 --> 01:59:45.720 couldn't remember it off the top of my head and I went to the city website and 01:59:45.720 --> 01:59:49.520 it was very difficult to find to eventually get so linked in the front 01:59:49.520 --> 01:59:53.160 the main page absolutely it should be on the front page if we want public input 01:59:53.160 --> 01:59:56.960 and we want it fast which we do because I think we want it by next week I mean 01:59:56.960 --> 02:00:00.480 let's get it out there as easily as possible for people to find it that's a 02:00:00.480 --> 02:00:03.800 good comment I appreciate that and thanks we'll make sure we get that thank you 02:00:03.800 --> 02:00:16.720 you know have a link on the front page is that already there Charlie it was 02:00:16.720 --> 02:00:33.400 missed by me if it's there thank you so if you landed on here the header scrolls 02:00:33.400 --> 02:00:39.240 through a couple ones but didn't code is the I saw that the link on it said 02:00:39.240 --> 02:00:45.600 attend a meeting which is not seemingly not quite the same as hey look at your 02:00:45.600 --> 02:00:51.120 map you know it's a little bit misleading I did eventually click on that 02:00:51.120 --> 02:00:56.480 and eventually got to the links I was looking for but we may want to tweak 02:00:56.480 --> 02:01:00.840 that a little bit right yes we can get that corrected we were trying to drive 02:01:00.840 --> 02:01:06.040 traffic to go to those public meetings but we can make it more prominent yeah 02:01:06.040 --> 02:01:11.720 what I might hear yeah right I'm gonna say keep that so we can get them to 02:01:11.720 --> 02:01:15.160 attend the meeting because that's what we want to but somewhere put it just 02:01:15.160 --> 02:01:19.480 another button that says hey view the the draft zoning map view the draft code 02:01:19.480 --> 02:01:29.920 give us your opinion that kind of thing yeah thank you thank you okay so those 02:01:29.920 --> 02:01:36.720 that are able to go online the draft zoning map is available for for you to 02:01:36.720 --> 02:01:45.400 view and make comments provide input as we just discussed briefly there are 02:01:45.400 --> 02:01:53.560 public meetings set for next week the 25th and the 27th there more information 02:01:53.560 --> 02:01:57.680 on the on the website but if you don't have an opportunity to come to those 02:01:57.680 --> 02:02:02.440 public meetings you can come visit the Development Services Center at 215 West 02:02:02.440 --> 02:02:10.360 Hickory so here is the draft zoning map and you can see that the area that is in 02:02:10.360 --> 02:02:14.960 red I'm gonna start with that because that's the most prominent one that's the 02:02:14.960 --> 02:02:22.840 HC that's the highway corridor and you can see that it's a long I-35 on all 02:02:22.840 --> 02:02:29.600 fronts the next one is kind of hard to see is the suburban corridor the pink 02:02:29.600 --> 02:02:36.680 you see that along University you see that along the loop and if we scroll 02:02:36.680 --> 02:02:46.600 down a little bit on Teasley as well as Fort Worth Drive the other zoning 02:02:46.600 --> 02:02:53.120 district that looks that's prominent here is the PF which is again the public 02:02:53.120 --> 02:02:59.800 facilities you see that the area here is shown here is Texas women University 02:02:59.800 --> 02:03:08.560 this is UNT the city-owned property the landfill the airport and the large parks 02:03:08.560 --> 02:03:15.800 the regional parks North Lakes as well as South Lakes Park over to the west 02:03:15.800 --> 02:03:21.720 side of the city you have the heavy or high industrial the purple here again I 02:03:21.720 --> 02:03:25.560 was telling you earlier that's the heavy industrial and then you have some light 02:03:25.560 --> 02:03:34.000 industrial that front I-35 and some on the north side of that area the geo 02:03:34.000 --> 02:03:41.200 which is your general office you see that along this area here which is again 02:03:41.200 --> 02:03:48.160 that area that's currently undeveloped but can see a potential proposed 02:03:48.160 --> 02:03:53.320 development of maybe a corporate office but we also have them here along Shady 02:03:53.320 --> 02:03:59.720 Oaks right by the loop and that's an area that can see a general office as 02:03:59.720 --> 02:04:06.600 well it's it's there's a lot of stuff going on we encourage those that are 02:04:06.600 --> 02:04:09.480 watching those are playing zoning Commission if there is a particular area 02:04:09.480 --> 02:04:12.960 that you guys want to look at knowing that there's those zoning districts 02:04:12.960 --> 02:04:19.080 available if we have this right we are certainly open for feedback to 02:04:19.080 --> 02:04:25.000 thank you chair Ron you you were pointing out the geo so that is a hundred 02:04:25.000 --> 02:04:28.800 foot height was that discussed at and that seems kind of high in some of the 02:04:28.800 --> 02:04:35.640 places that we have geo particularly right there yeah where I could see a 02:04:35.640 --> 02:04:41.920 hundred feet not necessarily working so I don't know if that was I think it was 02:04:41.920 --> 02:04:48.880 intended to allow for high taller buildings but of course if it's adjacent 02:04:48.880 --> 02:04:53.680 to a residential again again wanting to protect those established neighborhoods 02:04:53.680 --> 02:04:58.720 there are provisions such as setbacks if we go back to the dimensional standards 02:04:58.720 --> 02:05:03.080 if they are adjacent to a single family of course they're going to be stepped 02:05:03.080 --> 02:05:08.360 back away from them but we can always obviously revisit a hundred feet seems 02:05:08.360 --> 02:05:12.560 high and I don't know if we have examples of them yeah not only for there 02:05:12.560 --> 02:05:19.440 but kind of off Shady Oaks I mean that kind of changes that whole area if that 02:05:19.440 --> 02:05:24.440 was actually going to develop that high anyway it was just a thought and then 02:05:24.440 --> 02:05:27.800 like like we said earlier parking is going to play a factor and a lot of 02:05:27.800 --> 02:05:32.080 landscaping requirements so the height is there but it's it's gonna it may not 02:05:32.080 --> 02:05:36.960 be able to be maximized and we've got other provisions that help protect those 02:05:36.960 --> 02:05:48.080 sensitive uses as well so the MD I was telling you guys earlier sorry where we 02:05:48.080 --> 02:05:54.920 are looking at downtown it's it's it's really here this is a darker purple so 02:05:54.920 --> 02:06:01.200 this is not the MD this is actually the MR but the MD primarily MD is in this 02:06:01.200 --> 02:06:08.680 area here that shown that is shown around or within the downtown area and 02:06:08.680 --> 02:06:15.680 then everything else is either zoned the residential zoning districts the NR 1 02:06:15.680 --> 02:06:24.160 through NR 6 the brown that you see here are the R7s so you can see that they're 02:06:24.160 --> 02:06:31.240 close to the universities primarily because they are higher intense and 02:06:31.240 --> 02:06:37.000 there there are opportunities there for serve several types of housing close to 02:06:37.000 --> 02:06:45.160 the universities one key feature here if you are watching if you want to type in 02:06:45.160 --> 02:06:48.660 your address you can type in your address here and it'll take you to your 02:06:48.660 --> 02:06:53.040 parcel and then once you find your parcel you can click on it using this 02:06:53.040 --> 02:07:00.120 tool here to determine what your current zoning is which is dr2 and what the 02:07:00.120 --> 02:07:07.160 proposed zoning is which is our seven upcoming we will have a link to show 02:07:07.160 --> 02:07:11.120 those dimensional standards that we went through so you don't have to go back to 02:07:11.120 --> 02:07:16.520 development centers you you can actually click directly onto it and know what is 02:07:16.520 --> 02:07:20.760 being proposed such as the maximum height the maximum lot garbage for that 02:07:20.760 --> 02:07:28.360 proposed zoning district so anybody any questions on the zoning map the only 02:07:28.360 --> 02:07:32.160 question I have and it's not necessarily directly to the map but you mentioned 02:07:32.160 --> 02:07:39.080 that all the residential zones are 1 through 7 will be exempt from non 02:07:39.080 --> 02:07:47.000 conforming issues the single-family single-plex in townhouse yes every 02:07:47.000 --> 02:07:52.840 other piece of property and and then could be subject to be non conforming 02:07:52.840 --> 02:07:57.620 have we done an analysis on what that looks like of how many buildings and 02:07:57.620 --> 02:08:04.240 properties will be considered non conforming so to answer that question no 02:08:04.240 --> 02:08:08.800 we have not however I can tell you that we will create nonconformity but we will 02:08:08.800 --> 02:08:16.160 also clean up some nonconformities created back in 2002 okay so it's not 02:08:16.160 --> 02:08:20.000 having never gone through the nonconformity is there a timeline or 02:08:20.000 --> 02:08:23.420 action on property owners when they have a nonconforming property what's the 02:08:23.420 --> 02:08:27.520 consequence and remediation for that if they don't change their use they can 02:08:27.520 --> 02:08:34.360 continue as a nonconformity if they are they keep it vacant or remain vacant as 02:08:34.360 --> 02:08:39.600 long as they market it they can continue as such however again that's covered in 02:08:39.600 --> 02:08:46.120 chapter 1 if they do not market in they became becomes a vacant or under or not 02:08:46.120 --> 02:08:52.800 used they could potentially use their nonconformity gotcha 02:08:52.800 --> 02:09:00.560 any other questions it doesn't have to be the chapters that we just went over I 02:09:00.560 --> 02:09:04.800 really wanted to focus on these three chapters and the zoning map for this 02:09:04.800 --> 02:09:10.360 work session and then we'll cover the other chapters at our next commission 02:09:10.360 --> 02:09:15.920 work session so any questions on what we've covered so far or if there's any 02:09:15.920 --> 02:09:23.960 other topic that you all want to discuss we can just wanted to add to to what 02:09:23.960 --> 02:09:28.800 what Ron had just talked about we were very strategic sort of in this in this 02:09:28.800 --> 02:09:33.160 draft of the map to really go through and make sure sort of methodically to 02:09:33.160 --> 02:09:36.240 ensure that we didn't have those nonconform those nonconforms particularly 02:09:36.240 --> 02:09:40.880 single-family right I think if you compare this to that first draft you'll 02:09:40.880 --> 02:09:45.360 see it's substantially substantially different and Ron this draft has been 02:09:45.360 --> 02:09:49.840 made public for five days do y'all have any metrics on how many people have 02:09:49.840 --> 02:09:56.280 viewed this website and any initial feedback or inertia from with this um I 02:09:56.280 --> 02:10:02.280 haven't I've initially with the the public meeting that we had on Wednesday 02:10:02.280 --> 02:10:06.720 last week we had a lot of people that had called in and discussed but not 02:10:06.720 --> 02:10:12.240 recently not after this was published we anticipate that we would get more when 02:10:12.240 --> 02:10:17.120 we have those public meetings and that's I think we'll get a lot of comments then 02:10:17.120 --> 02:10:21.760 but today I am not aware of any certainly we can certainly check on that 02:10:21.760 --> 02:10:25.600 and see if there has been activity we hope there is we want people to look at 02:10:25.600 --> 02:10:30.880 this and we want people to make comments Christian back you mentioned five days 02:10:30.880 --> 02:10:36.560 it's what was that well the public was on Friday right the draft was made 02:10:36.560 --> 02:10:40.200 available to the public so it but it's staying there for a while right as in 02:10:40.200 --> 02:10:43.760 the last five days it's been public I was just curious but there's no time 02:10:43.760 --> 02:10:48.480 limit on though it's there until we reach an approval till till we get a 02:10:48.480 --> 02:10:53.080 new drop-down yes okay thanks so just just an example you know this is a 02:10:53.080 --> 02:10:56.320 zoning district in the Nile again I'm going to click on it and you can see the 02:10:56.320 --> 02:11:00.480 NR 3 it's zone R3 and that that was again what Richard Richard was talking 02:11:00.480 --> 02:11:05.320 about we wanted to make sure that we kept the zoning as close as to what it 02:11:05.320 --> 02:11:17.440 is today with regards to residential so any other questions I don't see any okay 02:11:17.440 --> 02:11:23.120 feel free to give me on just one note if you got questions if you got requests if 02:11:23.120 --> 02:11:26.720 you want to send that to me before our next meeting so that I can prepare for 02:11:26.720 --> 02:11:36.320 it I'll certainly appreciate that as well thank you thank you Ron so the 02:11:36.320 --> 02:11:41.120 next item on the agenda is work session 1c we'll have Richard lead out a 02:11:41.120 --> 02:11:44.560 discussion on establishing policies and procedures and then just put on the 02:11:44.560 --> 02:11:47.680 radar I was thinking out after that we'll take a short break before we dive 02:11:47.680 --> 02:11:53.600 into the agenda up until dinner public hearing Richard take it away and this 02:11:53.600 --> 02:11:56.800 item is really I don't have anything prepared it was just more of a some 02:11:56.800 --> 02:12:01.320 some direction that I'm looking for there's been obviously a number of 02:12:01.320 --> 02:12:06.240 things that have come up I know in one regard it was even when we were electing 02:12:06.240 --> 02:12:10.800 a new chair it was you know what what's the policy and procedures how do we how 02:12:10.800 --> 02:12:15.100 do we do that and there was really nothing written that was sort of early 02:12:15.100 --> 02:12:21.080 early on I think last year and then where it really got to me is over the 02:12:21.080 --> 02:12:25.760 last couple meetings where we get the request for for deferral or postponement 02:12:25.760 --> 02:12:30.600 from from an applicant and we have kind of been and of course I hate to say it's 02:12:30.600 --> 02:12:33.340 because we've always done it that way but we've always done it that way where 02:12:33.340 --> 02:12:38.040 we just kind of put it on the agenda and I know in the particular the last two or 02:12:38.040 --> 02:12:43.280 three meetings some residents have been very upset by that by that fact and so 02:12:43.280 --> 02:12:47.160 really it's you know as I think about it more it's really shouldn't be a staff 02:12:47.160 --> 02:12:52.040 determination it should be something that that that the commission wants to 02:12:52.040 --> 02:12:56.240 if they want to grant that deferral it shouldn't just be an automatic and so 02:12:56.240 --> 02:13:00.680 again wanted to get your thoughts on that and should we create formal policies 02:13:00.680 --> 02:13:06.880 addressing some of these items. Mr. Smith could you possibly go through the right 02:13:06.880 --> 02:13:10.680 now with regards to deferrals and that kind of stuff the timeline that leads up 02:13:10.680 --> 02:13:16.520 to the public agenda being published just so we kind of know in regards to what 02:13:16.520 --> 02:13:20.480 deadlines applicants have coming up and when they have to notify for to be able 02:13:20.480 --> 02:13:24.040 to be on public record by Friday be able to be published for Open Meetings Act 02:13:24.040 --> 02:13:27.440 and kind of what things we could possibly think of to put in place 02:13:27.440 --> 02:13:32.080 leading up to that. Advertising we typically have you know 10-15 days 02:13:32.080 --> 02:13:36.920 before when we post the signs and then we publish it the agenda that Friday a 02:13:36.920 --> 02:13:41.400 lot of times sometimes letters letters sorry but letters go out sort of when 02:13:41.400 --> 02:13:45.720 it's servants of zoning or SCP those go out those go out well in advance those 02:13:45.720 --> 02:13:49.640 are at least two you know roughly two weeks before the meeting signage 15 days 02:13:49.640 --> 02:13:54.600 out same thing with the signage it's in the newspaper and so a lot of time and 02:13:54.600 --> 02:14:00.960 then the agendas obviously publish that Friday as soon as those items get posted 02:14:00.960 --> 02:14:07.200 that that that that puts it on the agenda posted I'm sorry what when it 02:14:07.200 --> 02:14:10.880 gets advertised okay gotcha that essentially that essentially puts it 02:14:10.880 --> 02:14:14.240 puts it reserves its spot on the agenda so essentially we're talking about 02:14:14.240 --> 02:14:19.280 roughly 15 days out it is that the agenda is built 15 days correct this 02:14:19.280 --> 02:14:23.720 correct so and we have a draft that we work on in well in advance sure but once 02:14:23.720 --> 02:14:27.600 once it gets advertised it's pretty much on there sure unless there's something 02:14:27.600 --> 02:14:32.320 that that just sure it was incorrect and then as soon as the agenda is posted on 02:14:32.320 --> 02:14:38.400 Friday there's nothing that city ever has right now for any notification after 02:14:38.400 --> 02:14:41.900 that agenda has been posted on Friday whatsoever it's not really to get it out 02:14:41.900 --> 02:14:45.320 in that it that amount of time I mean it's one thing if they tell us within a 02:14:45.320 --> 02:14:51.080 week and so we can we can include it in that in the agenda when it goes out that 02:14:51.080 --> 02:14:55.280 this item has been postponed but it's when the I when the agenda is already 02:14:55.280 --> 02:15:00.800 out and we get the call on a on a Tuesday or a you know a Wednesday morning 02:15:00.800 --> 02:15:05.920 asking for the idea to be postponed that that's where it gets a little if it's 02:15:05.920 --> 02:15:09.320 before the agenda comes out I don't have that big of an issue with it but it's 02:15:09.320 --> 02:15:13.520 when it's that Tuesday or Wednesday or even an hour before the meeting that I 02:15:13.520 --> 02:15:18.320 think it's probably more more appropriate like my personal opinion just 02:15:18.320 --> 02:15:22.360 to give feedback would be all the way up until Friday at 5 when the agenda is 02:15:22.360 --> 02:15:27.240 posted I think that the applicant should reserve the right to be able to withdraw 02:15:27.240 --> 02:15:31.680 their item from an agenda yeah that until it's published and put on there and 02:15:31.680 --> 02:15:34.760 yes the signage has been put out in the layers we put out but there's no way to 02:15:34.760 --> 02:15:37.880 really mitigate for that if there's something that happens in that short 02:15:37.880 --> 02:15:41.440 period of time but it's almost like saying that you know hey applicant if 02:15:41.440 --> 02:15:46.280 it's it's posted on Friday it's gonna be heard on Wednesday whether you want it 02:15:46.280 --> 02:15:50.360 on there or not and it's after the agenda's been posted that and we have to 02:15:50.360 --> 02:15:53.960 I think the biggest complaint I think we see is that if it's you know people are 02:15:53.960 --> 02:15:56.720 coming in and they're grabbing the agendas on the way in and it's saying 02:15:56.720 --> 02:16:00.800 hey this has been postponed it's not on there but it's actually been postponed 02:16:00.800 --> 02:16:04.920 that just that and that that protects us as a commission because we've been we've 02:16:04.920 --> 02:16:09.560 had you know knives figuratively thrown at us from the crowd of collusion and 02:16:09.560 --> 02:16:13.000 making your decision before you get in there and blah blah blah and so it 02:16:13.000 --> 02:16:19.440 almost would help if it's only you who's been only paychecks are huge guys you 02:16:19.440 --> 02:16:24.680 should check them out but that's that's my personal opinion is leading up to to 02:16:24.680 --> 02:16:29.400 publishing on Friday at 5 and after that creating support process for us as a 02:16:29.400 --> 02:16:33.720 commission really is the procedure that says it's on the agenda it's being 02:16:33.720 --> 02:16:37.680 discussed and if the applicant wants to make a come up at their section after 02:16:37.680 --> 02:16:41.580 the staff presentation has been made in requests that the Commission tables it 02:16:41.580 --> 02:16:45.040 then we as a commission could consider it but if you're posted in the agenda 02:16:45.040 --> 02:16:52.760 your public hearing and conversations allowed to happen so yeah I just need a 02:16:52.760 --> 02:16:55.560 clarification so this would be specifically when the applicant is you 02:16:55.560 --> 02:17:00.680 know withdrawn or something does this in any way impact say like we had a forgot 02:17:00.680 --> 02:17:04.160 what the long discussion was a couple of weeks ago I think it's SRO's where we 02:17:04.160 --> 02:17:09.400 were tabling to a date uncertain would we be just making all of those a date 02:17:09.400 --> 02:17:14.800 uncertain until staff could provide you know a date put it on a future agenda 02:17:14.800 --> 02:17:19.000 there I think it's I think if it if it comes up really as an applicant's 02:17:19.000 --> 02:17:23.960 request for an item I would most likely probably have it go to a specific a 02:17:23.960 --> 02:17:34.240 specific date yes sometimes I think with with this it really depends I think if 02:17:34.240 --> 02:17:39.260 it's a if it's a code amendment I think that we're bringing forward and something 02:17:39.260 --> 02:17:46.000 comes up in between whether we want to put it to a date certain or or keep it 02:17:46.000 --> 02:17:49.480 open until until when ready I think we'll just have to play that by ear 02:17:49.480 --> 02:17:54.680 really it's those those items if it's withdrawn it's withdrawn but it's on 02:17:54.680 --> 02:17:58.960 those items where where we get at the last minute and particularly when this 02:17:58.960 --> 02:18:04.240 when it's been postponed a number of times I think it starts almost to send 02:18:04.240 --> 02:18:08.040 the wrong message to to the to the to the residents and they start having this 02:18:08.040 --> 02:18:13.160 this assumption that all of a sudden we're in cahoots together and we're 02:18:13.160 --> 02:18:16.440 continuing to push this item off and I just I just don't want to give that that 02:18:16.440 --> 02:18:20.360 appearance so this is just to avoid the appearance of a battle of attrition 02:18:20.360 --> 02:18:23.360 where they're waiting for a time when people are not going to eventually 02:18:23.360 --> 02:18:29.280 correct okay well yeah please please understand that this is all of this is a 02:18:29.280 --> 02:18:34.800 policy decision and I'm not meaning to argue with anybody on this but I did for 02:18:34.800 --> 02:18:39.320 the benefit of the Commission and those watching I did hear something about the 02:18:39.320 --> 02:18:46.420 applicant reserving the right to postpone there is no right to postpone the the 02:18:46.420 --> 02:18:51.560 zoning case is one that could be brought by an applicant or requested by an 02:18:51.560 --> 02:18:57.080 applicant it could also be requested by the city and so it's certainly within 02:18:57.080 --> 02:19:03.600 the the purview of the Planning and Zoning Commission to continue forward 02:19:03.600 --> 02:19:09.680 with considering the zoning case and perhaps even denying it so it's not 02:19:09.680 --> 02:19:16.920 something that the applicant necessarily controls once they make the application 02:19:16.920 --> 02:19:23.480 for a zoning case it comes before the Planning and Zoning Commission that it 02:19:23.480 --> 02:19:28.080 could be an act of grace that it be postponed and brought again at a later 02:19:28.080 --> 02:19:33.920 date it's not necessarily a matter of the applicant's right to postpone it and 02:19:33.920 --> 02:19:40.560 just so we're clear on that I wanted to clarify and and and let the Commission 02:19:40.560 --> 02:19:44.880 know that you do have the option of continuing forward not withstanding the 02:19:44.880 --> 02:19:50.360 applicant's request to postpone the item so the floor and I just wanted to 02:19:50.360 --> 02:19:52.880 clarify on that one because you just mentioned that there's no right to 02:19:52.880 --> 02:19:58.700 postpone that technically we could go forward at any point I being reasonably 02:19:58.700 --> 02:20:03.320 new on the Commission I don't know that we've ever done that before knowing that 02:20:03.320 --> 02:20:09.560 there is a practice going on that that you know at a request to postpone we 02:20:09.560 --> 02:20:16.480 traditionally do that would it seem odd if we suddenly seemingly arbitrarily 02:20:16.480 --> 02:20:23.280 decided to move forward on you know with the case that has been requested that a 02:20:23.280 --> 02:20:28.720 postponement has been requested on well just to add again it's all a policy 02:20:28.720 --> 02:20:35.960 decision that the Commission can you know make their preferences known to the 02:20:35.960 --> 02:20:43.080 staff on that if you feel that it's odd and you would prefer not to create a 02:20:43.080 --> 02:20:47.340 precedent or I don't know whether it is a precedent there may be precedent in the 02:20:47.340 --> 02:20:53.640 past for all I know but it's it's certainly something that you could give 02:20:53.640 --> 02:21:01.360 feedback on and and let the staff know what your if you do desire to set up a 02:21:01.360 --> 02:21:08.280 policy one way or another you could and and so it's it would assist staff and 02:21:08.280 --> 02:21:13.640 scheduling matters if it knew what your preferences were if you wanted to treat 02:21:13.640 --> 02:21:18.400 it as if it were a right to reschedule you certainly could there's absolutely 02:21:18.400 --> 02:21:25.560 nothing wrong with that but it's just I think the staff is trying to feel out to 02:21:25.560 --> 02:21:29.080 see what what the Commission's preferences are are there any kind of 02:21:29.080 --> 02:21:35.640 automatic rules you open a place where somebody has say one right to postpone 02:21:35.640 --> 02:21:42.480 two rights to postpone you know if you decide to set it up that way you you 02:21:42.480 --> 02:21:47.840 certainly good just to hop in two things and Commissioner Smith for 02:21:47.840 --> 02:21:52.440 clarification if we change the policy that staff no longer can decide 02:21:52.440 --> 02:21:57.120 postponements then when they call in at the ninth hour to staff they Richard 02:21:57.120 --> 02:22:02.000 could say that's not my call P&Z will make that call tonight so hopefully we 02:22:02.000 --> 02:22:08.080 give them a heads up saying it's it's no or go based on P&Z that night but I 02:22:08.080 --> 02:22:12.200 understand Commissioner Parnetta's points well taken they don't have the 02:22:12.200 --> 02:22:16.440 right to reserve a postponement they do have the right to withdraw an item and 02:22:16.440 --> 02:22:21.400 they can withdraw an item up until public hearing actually takes place 02:22:21.400 --> 02:22:25.640 there's not even when they're their items called could they not withdraw it 02:22:25.640 --> 02:22:30.160 or what's the cutoff for them pulling the item from us that's more of a staff 02:22:30.160 --> 02:22:34.480 push as far as the pragmatic there's no legal requirement for that but you know 02:22:34.480 --> 02:22:38.960 certainly can withdraw it but you know they would have to resubmit an 02:22:38.960 --> 02:22:41.800 application I don't know if there's an extra fee associated with that or not 02:22:41.800 --> 02:22:48.200 yeah once an application is withdrawn we treat it as a as a brand new we we 02:22:48.200 --> 02:22:52.720 close it and then require a new submittal Commissioner Smith just a 02:22:52.720 --> 02:22:56.480 clarification this is a this is a procedural change is not we're not not 02:22:56.480 --> 02:23:01.800 new code new ordinance being passed just a internal procedural that's it okay 02:23:01.800 --> 02:23:07.040 thank you pressure else okay so we just have no policy on this is what you're 02:23:07.040 --> 02:23:13.280 saying correct Richard okay so I guess my suggestion would be is can you bring 02:23:13.280 --> 02:23:17.680 solid concerns as a staff in front of us and then let's talk about them when we 02:23:17.680 --> 02:23:21.120 don't I mean we've got just a packed agenda I know this and I'm thinking we 02:23:21.120 --> 02:23:25.040 can't necessarily work through this yeah it was more just to get the appetite if 02:23:25.040 --> 02:23:29.800 it was yeah no I think it's a great idea that because clearly it's a concern to 02:23:29.800 --> 02:23:34.560 you and the staff and and maybe if you can present a work session that has 02:23:34.560 --> 02:23:40.360 these concerns and then we can maybe hash out suggestions possibly establishing 02:23:40.360 --> 02:23:45.440 policy if if need be that would be my suggestion I completely grew with 02:23:45.440 --> 02:23:50.240 Michelle it's actually had a note to understand what other items maybe need 02:23:50.240 --> 02:23:53.360 bolstering I know we focused on the postponements tonight but you also 02:23:53.360 --> 02:23:56.840 mentioned nominations and so without encourage if the Commission knows of 02:23:56.840 --> 02:24:01.960 policies that we can we can provide to you and then at a work session you 02:24:01.960 --> 02:24:09.520 congregate those together to provide kind of filling in all gaps if possible 02:24:09.520 --> 02:24:13.480 great effect I'll just I'm gonna add it to the matrix and then just get a date 02:24:13.480 --> 02:24:17.480 in that way prepare and well in advance so it's just not right I just more or 02:24:17.480 --> 02:24:20.760 less wanted to see if there's an appetite to even have that discussion 02:24:20.760 --> 02:24:31.320 there's an appetite from from me as he's eating any other question oh any other 02:24:31.320 --> 02:24:36.360 questions on item 1c then if it's agreeable with the Commission can we 02:24:36.360 --> 02:24:40.520 take a five-minute break and then we'll pick back up with the agenda we'll pause 02:24:40.520 --> 02:24:51.600 the work session at 433 call us back to order at 442 we'll dive into the work 02:24:51.600 --> 02:24:54.920 session item to the clarification of agenda items that will go over to this 02:24:54.920 --> 02:25:07.400 evening it's worth noting that item 2a has been no not to a 3a 3a has been 02:25:07.400 --> 02:25:13.080 withdrawn by the applicant 3b is seeking a postponement to the March 6th meeting 02:25:13.080 --> 02:25:19.900 and item 3c has been withdrawn as well so a B and C are not going to be heard 02:25:19.900 --> 02:25:26.060 this evening that will start us with 3d at the public hearing but first we have 02:25:26.060 --> 02:25:29.240 items for individual consideration 02:25:30.920 --> 02:25:37.160 yes clarification is a 3c is requesting it's been withdrawn it has been okay 3c 02:25:37.160 --> 02:25:41.640 is withdrawn and then a and B have also been withdrawn and/or postponed okay a 02:25:41.640 --> 02:25:48.080 is withdrawn B is postponing to the March 6th meeting any other questions 02:25:48.080 --> 02:25:57.760 about the agenda this evening any other additions to add Richard just just on 02:25:57.760 --> 02:26:04.720 item 3 I can see an eye because I need my glasses on item on item 3l on on the 02:26:04.720 --> 02:26:10.160 tree code what staff is going to be requesting is that this item also be 02:26:10.160 --> 02:26:16.640 continued to to March 6th but actually put open that item and that way if if 02:26:16.640 --> 02:26:21.400 anyone is here to give comment have them give comment and then we're just 02:26:21.400 --> 02:26:26.880 requesting a continuance to March 6th we had met with the Denton County 02:26:26.880 --> 02:26:33.240 Developers Alliance on Monday who raised a number of concerns that they had we 02:26:33.240 --> 02:26:37.120 had a four and a half four and a half hour meeting with them on Monday and 02:26:37.120 --> 02:26:40.200 gotten some other some other comments and we just want to make sure that that 02:26:40.200 --> 02:26:45.400 we address all of those and make whatever necessary changes prior to in 02:26:45.400 --> 02:26:50.320 addition we'll be going back to I know that that council council member Briggs 02:26:50.320 --> 02:26:53.800 requested that we go back and have a special call committee on the 02:26:53.800 --> 02:26:59.000 environment which they're also looking to do which will happen before the next 02:26:59.000 --> 02:27:02.800 meeting when this comes back on on the six I just want to make just kind of 02:27:02.800 --> 02:27:06.080 wanted to give you a little bit of background on that as to the reason why 02:27:06.080 --> 02:27:11.080 great thank you with that let's start with the items for individual 02:27:11.080 --> 02:27:20.440 consideration that's item 2a Julie Wyatt's item good evening I'm Julie 02:27:20.440 --> 02:27:27.400 Wyatt this is ADP 188 the request before you is for an alternative development 02:27:27.400 --> 02:27:32.240 plan for a proposed office development on about three acres and the purpose of 02:27:32.240 --> 02:27:36.040 the alternative development plan is they would like to deviate from some of the 02:27:36.040 --> 02:27:42.400 site design requirements in section 35 dot 13 dot 13 dot 4 in the Denton 02:27:42.400 --> 02:27:47.000 Development Code the subject property is located on the northwest corner of 02:27:47.000 --> 02:27:54.320 Teasley Lane here and Lillian Miller so it's this property here in yellow some 02:27:54.320 --> 02:27:59.080 background on the property the zoning for it was approved in 2006 they zone to 02:27:59.080 --> 02:28:04.160 NRM you with overlay conditions your backup has that ordinance it has all the 02:28:04.160 --> 02:28:07.520 overlay conditions enumerated but specifically I want to talk about a 02:28:07.520 --> 02:28:11.280 couple of them that restricted the uses to professional services and offices 02:28:11.280 --> 02:28:16.580 administrative or research facilities or medical centers it restricted the 02:28:16.580 --> 02:28:21.140 development on the site to single-story construction and each building had to be 02:28:21.140 --> 02:28:27.200 either equal to or less than 9,000 square feet required minimum 80% masonry 02:28:27.200 --> 02:28:32.160 pedestrian scaled lighting and a landscape 30 foot buffer on the north 02:28:32.160 --> 02:28:35.840 and west property lines between the property and the residential development 02:28:35.840 --> 02:28:41.640 I'm just to talk about what the purpose of NRM use owning is it's it's it's a 02:28:41.640 --> 02:28:47.400 neighborhood scaled service higher density residential and commercial 02:28:47.400 --> 02:28:52.000 zoning district so it it's meant to provide some day-to-day service and 02:28:52.000 --> 02:28:56.480 commercial uses for surrounding neighborhoods but it is supposed to be 02:28:56.480 --> 02:29:01.520 pedestrian scaled in design and so that's why it's got additional site 02:29:01.520 --> 02:29:05.520 design requirements in sub chapter 13 is to make sure that any development on the 02:29:05.520 --> 02:29:13.080 site really does push toward a walkable environment so specifically what they 02:29:13.080 --> 02:29:17.520 would like to deviate from we'll just it's all in your backup but just we'll 02:29:17.520 --> 02:29:22.280 go over it briefly first that the ground floor wall would have to be within any 02:29:22.280 --> 02:29:26.420 ground floor wall within 30 feet of the street would have to have 50% of the 02:29:26.420 --> 02:29:32.040 wall area in displays or windows or doorways their buildings have less than 02:29:32.040 --> 02:29:38.740 that they're at 26% and 28% typically we see this type of transparent building 02:29:38.740 --> 02:29:43.640 walls in retail or restaurant type uses those uses aren't permitted under that 02:29:43.640 --> 02:29:48.640 overlay so that's why they're actually proposing some more office or medical 02:29:48.640 --> 02:29:53.800 use medical offices so they're really those those numbers of windows and doors 02:29:53.800 --> 02:29:59.960 aren't aren't really that type of building design at least 60% of the 02:29:59.960 --> 02:30:02.680 street frontage shall have buildings within 10 feet of the front property 02:30:02.680 --> 02:30:07.480 line this property is on a text dot road and is with all of our text dot roads in 02:30:07.480 --> 02:30:10.680 the city there is a public utility easement adjacent to that right-of-way 02:30:10.680 --> 02:30:14.880 so just by virtue of the fact that there is a 25-foot easement outside of the 02:30:14.880 --> 02:30:20.240 right-of-way they could not put buildings where the code requires a 02:30:20.240 --> 02:30:25.400 development shall have a minimum Florida area ratio of 4/10 because of that 02:30:25.400 --> 02:30:29.200 increased landscape buffer as well as the restriction on the building heights 02:30:29.200 --> 02:30:34.240 and building lot building area they really can't meet that requirement so 02:30:34.240 --> 02:30:39.920 their proposed Florida area ratio is 3/10 buildings cannot be set back more 02:30:39.920 --> 02:30:43.960 than 15 feet from the street unless it's used for pedestrian activities such as 02:30:43.960 --> 02:30:51.960 plazas or outside easing areas they do have proposed setbacks of 26 feet for 02:30:51.960 --> 02:30:56.700 the buildings adjacent to Teasley and then 186 feet for that building at the 02:30:56.700 --> 02:31:00.360 back once again due to that that easement they really just can't pull 02:31:00.360 --> 02:31:05.960 those buildings up to the front and then NRMU requires 40% tree 02:31:05.960 --> 02:31:12.440 canopy outs or 40% tree canopy and trees planted within a buffer can only count 02:31:12.440 --> 02:31:18.000 toward 40% of the minimum tree canopy because this property has such a large 02:31:18.000 --> 02:31:22.760 landscape buffer it really is making it difficult for them to meet that that 02:31:22.760 --> 02:31:30.320 requirement however they are proposing that that tree canopy outside of the 02:31:30.320 --> 02:31:35.440 buffer at 35% so we'll go over that in a minute hopefully it'll make more sense 02:31:35.440 --> 02:31:41.160 so let's go over the site plan I'm just look we're just looking at the the 02:31:41.160 --> 02:31:44.240 proposed buildings here there is an existing building here at the corner 02:31:44.240 --> 02:31:51.080 they're proposing three buildings 9,000 square feet or less single-story they 02:31:51.080 --> 02:31:55.880 are proposing adequate vehicle parking associated with the uses 8 bicycle 02:31:55.880 --> 02:32:00.360 parking spaces also they're proposing pattern and color concrete walkways 02:32:00.360 --> 02:32:06.480 located in strategic areas that's right here and then also some pedestrian 02:32:06.480 --> 02:32:11.160 connections in the back to alert the drivers to possible presence of 02:32:11.160 --> 02:32:14.560 pedestrians so if you're familiar with the area there's a lot of students that 02:32:14.560 --> 02:32:18.640 walk on Teasley to get to the elementary school across the street so they wanted 02:32:18.640 --> 02:32:23.080 to provide that pedestrian that pedestrian connectivity particularly in 02:32:23.080 --> 02:32:26.960 this location right here and make sure drivers are aware that that students may 02:32:26.960 --> 02:32:33.480 be walking it's not a part of this request but there are drainage concerns 02:32:33.480 --> 02:32:40.800 in the area so just wanted to go over those briefly there is there are some 02:32:40.800 --> 02:32:44.440 drainage improvements associated not only with the private improvements but 02:32:44.440 --> 02:32:48.220 also the city is undertaking some drainage improvements in the area and in 02:32:48.220 --> 02:32:54.120 particular the the parking lot will actually be graded lower than than that 02:32:54.120 --> 02:32:58.900 30-foot landscape buffer which is in this location to make sure that that 02:32:58.900 --> 02:33:04.280 water drains toward toward the south and then toward the street like these these 02:33:04.280 --> 02:33:08.560 blue lines are showing there's also a retaining wall in this in this location 02:33:08.560 --> 02:33:14.960 to direct the water away from the homes particularly in this area and then the 02:33:14.960 --> 02:33:19.800 city in the purple they're under design for some drainage improvements right now 02:33:19.800 --> 02:33:24.000 they've got a flume that they're looking at putting in in this area to get the 02:33:24.000 --> 02:33:28.160 water to Teasley so the intent is to have the parking lot water and and this 02:33:28.160 --> 02:33:31.800 buffer water drain toward Teasley. Commissioner Ellis. Thank You Chair. 02:33:31.800 --> 02:33:35.960 Julie is this where the sandbags have been for forever? Yes ma'am. So the city is working on that? 02:33:35.960 --> 02:33:42.440 Yes ma'am. Nice to hear. Yes. Commissioner Smith. What's a flume? It is it is a pathway for the 02:33:42.440 --> 02:33:47.760 water to actually go under the sidewalk. I've probably seen it before. It's going to be 02:33:47.760 --> 02:33:52.880 like a concrete. So they will have underground detention as a part of this 02:33:52.880 --> 02:33:56.280 development so this water is going to be collected underground and then it'll be 02:33:56.280 --> 02:34:00.840 piped out to the street and it's supposed to be released slowly. Their 02:34:00.840 --> 02:34:05.680 landscape plan was also included in the request this this lighter green this is 02:34:05.680 --> 02:34:09.520 that landscape buffer and you can see what plants they're using a combination 02:34:09.520 --> 02:34:13.280 of preserved trees on site as well as tree plantings and that buffer is 02:34:13.280 --> 02:34:18.840 actually already in place it's already there. They're also proposing foundation 02:34:18.840 --> 02:34:24.360 plantings between the right-of-way and the buildings as well as street trees. 02:34:24.360 --> 02:34:31.560 Now under current code NRMU requires that forty percent of the lot be under 02:34:31.560 --> 02:34:38.200 tree canopy. Buffer trees are only allowed to be counted toward four or forty 02:34:38.200 --> 02:34:42.320 percent of the buffer trees may count toward that overall canopy so it 02:34:42.320 --> 02:34:48.720 actually reduces the amount that could be included in this area. So so they're 02:34:48.720 --> 02:34:53.360 by by this design they're actually not meeting that minimum forty percent 02:34:53.360 --> 02:34:58.320 because they are only counting forty percent of these trees. However at 02:34:58.320 --> 02:35:04.100 maturity the trees that are planted both in the buffer within the site and on the 02:35:04.100 --> 02:35:09.560 street as well as preservation over the minimum will count will be about sixty 02:35:09.560 --> 02:35:14.800 seven thousand square feet of canopy. So they will exceed that it just it it's 02:35:14.800 --> 02:35:18.760 made a little differently and how they are calculating that. 02:35:18.760 --> 02:35:22.760 Commissioner Ellis. Thank you Chair. Julie has it been discussed with where these 02:35:22.760 --> 02:35:28.400 landscape trees are going that it doesn't shield the the driver from being 02:35:28.400 --> 02:35:33.680 able to see I know we're gonna have the colored but I mean it this is highly 02:35:33.680 --> 02:35:39.920 walked multiple times a day. I agree. By a ton of children. There so the sidewalk 02:35:39.920 --> 02:35:44.760 is in this location down here and it's actually it's so the side is actually 02:35:44.760 --> 02:35:48.800 elevated in the sidewalk kind of there's some elevation changes to the site. There 02:35:48.800 --> 02:35:53.280 aren't any actually street trees being proposed in this location they're 02:35:53.280 --> 02:35:58.080 proposed for right here and they are I talked with engineering and it does meet 02:35:58.080 --> 02:36:03.560 all their site requirements for visibility. So the only street trees that 02:36:03.560 --> 02:36:06.800 are going to be adjacent to the right-of-way will be in this location. So 02:36:06.800 --> 02:36:12.640 if a driver's pulling out sorry if a driver's pulling out and turning right so 02:36:12.640 --> 02:36:20.600 if they look to this direction that a tree won't won't impede their vision. 02:36:20.600 --> 02:36:28.840 Okay so right you said if they're turning this way but we've got trees that 02:36:28.840 --> 02:36:31.340 way you're saying they're gonna be high enough because I mean kids are walking 02:36:31.340 --> 02:36:38.080 both ways right and to in from I think I think only a right out it's only right 02:36:38.080 --> 02:36:44.200 out there. Right but what you said was they they're gonna look to the left and 02:36:44.200 --> 02:36:48.000 be able to see. They'll be able to look they'll be able to look to the left and 02:36:48.000 --> 02:36:52.680 see that there there won't be any trees impeding their vision of pedestrians. I want them to see 02:36:52.680 --> 02:36:57.000 kids who are coming from their right. Well these trees are actually going to 02:36:57.000 --> 02:37:00.940 be planted between yes they will be and then they will also be planted between 02:37:00.940 --> 02:37:05.560 the sidewalk and the right-of-way. So they'll actually be outside of that line 02:37:05.560 --> 02:37:13.040 of vision so it's great question. Chris Rebecca do you have a question? And here are 02:37:13.040 --> 02:37:16.160 their elevations sorry it's a little unclear I had to blow them up quite a 02:37:16.160 --> 02:37:20.880 bit but as I said they're proposing 100% masonry buildings and they are gonna 02:37:20.880 --> 02:37:23.360 have residential character and that's something that's required in the 02:37:23.360 --> 02:37:27.340 ordinance that they have pitched roofs on their single story. They do have 02:37:27.340 --> 02:37:31.960 four-sided architecture so all around it will it will have that that masonry and 02:37:31.960 --> 02:37:36.520 the architectural detail and then if you could see that these these are the the 02:37:36.520 --> 02:37:40.840 elevations that will be adjacent to Teasley and they have things like awnings 02:37:40.840 --> 02:37:47.120 and and wall sconces architectural detail to really present well to the 02:37:47.120 --> 02:37:53.880 street to to provide that character and the and those details for pedestrians. So 02:37:53.880 --> 02:37:56.280 the criteria for approval for alternative development plans are in 02:37:56.280 --> 02:37:59.840 sub chapter 13 of the debt and development code. So first is it does it 02:37:59.840 --> 02:38:05.080 preserve existing neighborhoods? The proposed design and uses are compatible 02:38:05.080 --> 02:38:08.480 with the adjacent with the adjacent neighborhoods due to that overlay 02:38:08.480 --> 02:38:12.640 requirement as well as the the interventions that they're proposing. 02:38:12.640 --> 02:38:17.160 They are proposing bicycle and pedestrian facilities. Drainage 02:38:17.160 --> 02:38:20.920 improvements not only on the private portion but also the city drainage 02:38:20.920 --> 02:38:24.480 improvements and then they also had a neighborhood meeting. Typically 02:38:24.480 --> 02:38:29.600 neighborhood meetings aren't something that that applicants do for alternative 02:38:29.600 --> 02:38:35.800 development plans but due to the the closeness to the neighborhood we 02:38:35.800 --> 02:38:38.780 require that the applicant have a neighborhood meeting so they did have 02:38:38.780 --> 02:38:42.560 that neighborhood meeting I attended and a lot of the discussion did did center 02:38:42.560 --> 02:38:48.760 around that drainage component. A sure quality development the request is not 02:38:48.760 --> 02:38:52.840 intended to lower design standards but would it would facilitate full 02:38:52.840 --> 02:38:57.960 development of the site and the overlay conditions as well as the proposed 02:38:57.960 --> 02:39:01.560 landscaping are in excess of what the debt and development code requires. So the 02:39:01.560 --> 02:39:04.280 debt and development code doesn't actually require those foundation 02:39:04.280 --> 02:39:08.320 plantings for the building or that minimum masonry requirement. So they're 02:39:08.320 --> 02:39:13.000 actually going above and beyond what the code has. Focus new development on 02:39:13.000 --> 02:39:17.160 activity centers. This is an area that's that's been built up over decades and 02:39:17.160 --> 02:39:21.200 this is really kind of one of the last pieces of property in that general area 02:39:21.200 --> 02:39:24.300 for commercial development and so this would not contribute to sprawl but it 02:39:24.300 --> 02:39:30.080 really would be infill for an existing lot. Ensure if infrastructure can 02:39:30.080 --> 02:39:33.280 accommodate the development. There's the necessary infrastructure in place for 02:39:33.280 --> 02:39:36.760 the transportation. You've got Teasley and Lillian Miller and then there are 02:39:36.760 --> 02:39:40.760 also the city drainage improvements that will hopefully help that that water 02:39:40.760 --> 02:39:45.760 situation and direct the water and where we want it to go and then does it result 02:39:45.760 --> 02:39:49.240 in a high quality development meeting the intent of the standards. The overlay 02:39:49.240 --> 02:39:52.520 conditions are intended to increase the harmony with the neighborhoods but it 02:39:52.520 --> 02:39:57.600 but they did introduce design challenges particularly the the limiting of the 02:39:57.600 --> 02:40:03.440 scale of the buildings as well as that increased buffer. So what the applicant 02:40:03.440 --> 02:40:09.520 has done is is proposed alternative elements such as 100% masonry, minimum 02:40:09.520 --> 02:40:13.920 bike parking, foundation plantings, pedestrian interventions and then that 02:40:13.920 --> 02:40:18.480 overall tree canopy in order to meet the intent of why we have those pedestrian 02:40:18.480 --> 02:40:23.520 oriented site design. So based upon the criteria for approval staff recommends 02:40:23.520 --> 02:40:27.760 approval and I'll stand for any questions. Commissioner Ellis. So Julie I'll 02:40:27.760 --> 02:40:31.360 just bring up what I had emailed to you that what they're naming the project 02:40:31.360 --> 02:40:35.760 violates the ordinance in place so have we talked to them about I haven't had an 02:40:35.760 --> 02:40:41.440 opportunity to call them but but we will make sure and I've put a restriction on 02:40:41.440 --> 02:40:46.000 the site that they'll have to any signage would have to would have to 02:40:46.000 --> 02:40:49.080 comply with that and and what Commissioner Ellis is talking about is in 02:40:49.080 --> 02:40:53.760 the overlay conditions there's actually a prohibition for the applicant to use any 02:40:53.760 --> 02:40:58.920 neighborhood surrounding neighborhood names in the branding of their site. So 02:40:58.920 --> 02:41:02.480 there is a Hunter's Ridge adjacent to the property and they did has their 02:41:02.480 --> 02:41:08.240 shorthand for this ADP name the project is Hunter's Ridge so that will have to 02:41:08.240 --> 02:41:12.880 be scrubbed for any future development and they'll have to brand it or name it 02:41:12.880 --> 02:41:16.400 something else. And does that have to be part of this approval recommendation 02:41:16.400 --> 02:41:24.160 tonight? It certainly could be sure and it where we really at the staff will need 02:41:24.160 --> 02:41:28.360 to make sure that we're that we're complying is to make sure any signage on 02:41:28.360 --> 02:41:34.800 the site is is consistent with that with that ordinance. Thank you. I have one 02:41:34.800 --> 02:41:40.800 question the existing buildings of an emergency is there anything in code to 02:41:40.800 --> 02:41:47.800 protect ambulance egresses and right now there's no parking on this 02:41:47.800 --> 02:41:53.520 west side so an ambulance can can come in a pretty good speed and get to the 02:41:53.520 --> 02:41:58.080 building. I imagine once you have cars and parking spots there could be 02:41:58.080 --> 02:42:02.000 potential impediments to safety is there any consideration of how an ambulance 02:42:02.000 --> 02:42:06.200 considering the use that's on the land functions within that parking lot? I know 02:42:06.200 --> 02:42:10.040 that they have a port-a-cachet for that emergency I'm pretty sure they have that 02:42:10.040 --> 02:42:17.360 and I don't know where their ambulance actually parks. So you know that wasn't a 02:42:17.360 --> 02:42:21.360 part of the request in terms of that parking lot design because the parking 02:42:21.360 --> 02:42:25.480 lot design is particularly on that side has already kind of been designed put 02:42:25.480 --> 02:42:30.360 into place. So you know that since that wasn't a part of the request for that 02:42:30.360 --> 02:42:36.200 emergency but you could certainly you know add a condition. Why does it 02:42:36.200 --> 02:42:39.320 know if the city had any provisions like at hospitals it's like they almost have 02:42:39.320 --> 02:42:43.920 their own road to get back to their own place and the let I understand from 02:42:43.920 --> 02:42:47.040 Lillian Miller that's built out if they're coming south but they're coming 02:42:47.040 --> 02:42:52.320 from the west on Teasley and taking a left into right now it's a single drive 02:42:52.320 --> 02:42:56.360 with no cars and that's that's gonna change drastically. We don't have any 02:42:56.360 --> 02:43:01.720 site design requirements specifically for emergency vehicles or or hospitals 02:43:01.720 --> 02:43:05.040 they have to meet fire obviously they have to meet the fire lane requirements 02:43:05.040 --> 02:43:11.360 but there's nothing within the code. Okay any other questions for this item? 02:43:11.360 --> 02:43:17.840 Yes, Commissioner Beck. So there will be a left turn lane coming from the west on 02:43:17.840 --> 02:43:22.560 Teasley that they can turn into but coming out of that development they 02:43:22.560 --> 02:43:30.520 can't cross over Teasley and head east can they? Because that was the concern. 02:43:30.520 --> 02:43:39.120 Yeah I think you're right I think they can. Okay yes you're right. Now that I'm 02:43:39.120 --> 02:43:44.680 thinking about it I think it is a full access I think they could turn left out 02:43:44.680 --> 02:43:48.920 of that. Okay that was Commissioner Ellis's concern with that tree that now 02:43:48.920 --> 02:43:52.520 I you know tend to agree with because if it was only a right turn coming out it 02:43:52.520 --> 02:43:56.320 wouldn't be a problem because they can because they're looking left but now if 02:43:56.320 --> 02:44:01.000 they've got a if they're gonna make a right on the Teasley coming out. This is 02:44:01.000 --> 02:44:06.880 an existing tree so this one's already here. These are these are smaller canopy 02:44:06.880 --> 02:44:11.200 trees so but you know if the Commission feels like that might create a safety 02:44:11.200 --> 02:44:14.480 issue for for students that that could certainly be something that could be 02:44:14.480 --> 02:44:25.040 removed. Well for cars just pulling out and wanting to get onto Teasley. Something to consider. 02:44:26.440 --> 02:44:33.960 Thanks. Any other questions for this item? Thank you very much Julie. I'm sure you have 02:44:33.960 --> 02:44:40.200 others tonight. The next is item 2B another ADP. I'll invite Haley for 02:44:40.200 --> 02:44:42.560 presentation. 02:44:56.320 --> 02:45:17.400 All right good evening so this is a request. This is a request for an 02:45:17.400 --> 02:45:20.680 alternative development plan for a facility just north of the existing 02:45:20.680 --> 02:45:25.000 Peterbilt plant. So you can see the location of the property and outlined in 02:45:25.000 --> 02:45:29.680 black on the map. The requested ADP is to deviate from three sections of sub 02:45:29.680 --> 02:45:34.080 chapter 13 one being the fencing and screening requirements the second being 02:45:34.080 --> 02:45:37.400 the access parking and circulation requirements and then third some of the 02:45:37.400 --> 02:45:42.480 non-residential site and building design standards. So the property in question is 02:45:42.480 --> 02:45:46.760 just over 12 acres it is located in an industrial center zoning district as you 02:45:46.760 --> 02:45:50.760 can see on the map and the proposed use as I mentioned is a truck sales facility 02:45:50.760 --> 02:45:58.440 that would be a supporting use for these existing Peterbilt facility. So these are 02:45:58.440 --> 02:46:01.400 all outlined in detail in your backup so we'll just run through briefly what 02:46:01.400 --> 02:46:04.840 their specific requests are. The first standard that they are seeking to 02:46:04.840 --> 02:46:09.040 deviate from is our permitted fence materials. The DDC has a very specific 02:46:09.040 --> 02:46:13.760 list of what materials can be used for fences currently. So the wire mesh 02:46:13.760 --> 02:46:17.200 security fencing they're proposing on three sides of the property is not among 02:46:17.200 --> 02:46:24.800 those permitted materials. Commissioner Beck. Thank you chair. First of all when we say 02:46:24.800 --> 02:46:28.360 wire mesh are we talking about chain link? No sir it is slightly different from 02:46:28.360 --> 02:46:33.520 chain link. Okay what does wire mesh look like? I've got a picture of it later on in the 02:46:33.520 --> 02:46:40.640 presentation actually. Okay great. Okay let's wait until we look at it because it seems like if they 02:46:40.640 --> 02:46:44.760 want that as opposed to what was required for security reasons seems like 02:46:44.760 --> 02:46:49.960 a weaker fence for some reason but let's wait and see your picture. Again and the 02:46:49.960 --> 02:46:53.760 code does allow for security fencing such as it specifically calls out razor 02:46:53.760 --> 02:46:57.440 wire and barbed wire but that's only for industrial uses and what they're 02:46:57.440 --> 02:47:02.280 proposing is a commercial use so it's still even if this were a permitted 02:47:02.280 --> 02:47:05.720 security fence material specifically listed in the code it still wouldn't 02:47:05.720 --> 02:47:10.320 have been permitted for a commercial use. Okay but yeah I do have photos of the 02:47:10.320 --> 02:47:16.640 fence materials later on. So the second deviation is for a requirement in the 02:47:16.640 --> 02:47:20.320 code that limits the height of a fence that is located forward of the front 02:47:20.320 --> 02:47:24.040 building line so if you want a fence along your front property line it can 02:47:24.040 --> 02:47:28.320 be no taller than three and a half feet which seems like it would only apply to 02:47:28.320 --> 02:47:31.320 residential but the code doesn't expressly say that so the way it's 02:47:31.320 --> 02:47:35.640 written it applies to all fences and what they're proposing is a seven foot 02:47:35.640 --> 02:47:40.240 tall ornamental wrought iron fence along the front property line and then third 02:47:40.240 --> 02:47:45.360 as I mentioned the parking lot screening so when you do have vehicle spaces 02:47:45.360 --> 02:47:48.160 located in front of a building between the building and the street the code 02:47:48.160 --> 02:47:53.480 requires that very prescriptive 15 foot wide area containing a berm a combination 02:47:53.480 --> 02:47:59.280 of trees and then either zero scaping a shrub row or a three foot high wall. What 02:47:59.280 --> 02:48:04.160 they've proposed is a 15 foot wide area containing a berm and shrubs. They are 02:48:04.160 --> 02:48:08.000 proposing to push their street trees back to the backside of that area but 02:48:08.000 --> 02:48:11.800 then they couldn't quite fence fit the street trees along with the required 02:48:11.800 --> 02:48:15.600 screening trees so they've proposed to relocate those screening trees to along 02:48:15.600 --> 02:48:20.120 that wire mesh fence on the north and south sides of the property and then 02:48:20.120 --> 02:48:24.480 finally the code only allows front parking along arterial roadways the 02:48:24.480 --> 02:48:29.120 property is located on precision drive which is a collector street so that is 02:48:29.120 --> 02:48:32.040 an additional deviation to have that vehicle parking between the building and 02:48:32.040 --> 02:48:36.000 the street and when you do have front parking the code prescribes that your 02:48:36.000 --> 02:48:39.760 building not be set back further than 85 feet from the street and their building 02:48:39.760 --> 02:48:46.400 is 148 feet. So looking in detail at some of these things they have just over 02:48:46.400 --> 02:48:49.520 5,000 square feet of building it's a combination of an office building in 02:48:49.520 --> 02:48:53.560 this area and then what they're calling an undecking facility and I asked for a 02:48:53.560 --> 02:48:58.200 little more detail on what that is but haven't received it to date I believe 02:48:58.200 --> 02:49:00.840 it's where they would take the tractor and trailer apart but I'm not positive 02:49:00.840 --> 02:49:04.680 on that but the applicant should be here this evening to provide more details on 02:49:04.680 --> 02:49:08.680 that operation. They did confirm there's no vehicle maintenance of any sort that 02:49:08.680 --> 02:49:14.360 would occur in that building. They have employee and customer parking located 02:49:14.360 --> 02:49:18.520 here in front of their office building with 12 parking spaces. The rest of the 02:49:18.520 --> 02:49:24.200 site is approximately 400 truck spaces that would be storage and display area 02:49:24.200 --> 02:49:30.200 for the vehicles that are for sale. Overall they have 38% landscape area 02:49:30.200 --> 02:49:33.480 their zoning district only requires 10% so they're well in excess of that 02:49:33.480 --> 02:49:36.400 because the property does extend further to the south here for their detention 02:49:36.400 --> 02:49:42.120 facilities. And then they are providing the 15% required tree canopy. So looking 02:49:42.120 --> 02:49:46.440 at the fencing and landscaping now the solid orange line demonstrates where the 02:49:46.440 --> 02:49:50.720 wire mesh fence would go that we'll look at in just a second. The dashed orange 02:49:50.720 --> 02:49:55.000 line is where they would have that wrought iron a little bit dressier fence 02:49:55.000 --> 02:49:58.140 along the frontage to present better from the street. It would be a gated 02:49:58.140 --> 02:50:02.520 facility so the gate would cross this primary entrance point here and then 02:50:02.520 --> 02:50:06.060 looking at the trees you can see here's where they have that 15-foot area with 02:50:06.060 --> 02:50:10.440 all the required street trees along the entire frontage and then on the north 02:50:10.440 --> 02:50:13.640 and south property line they're accommodating the required screening 02:50:13.640 --> 02:50:17.560 trees that would have been required here but they're proposing it along the fence 02:50:17.560 --> 02:50:21.640 to further screen the north and south sides of the property. And then in the 02:50:21.640 --> 02:50:25.840 back they've accommodated all the other required trees to hit that 15%. 02:50:25.840 --> 02:50:31.080 Thank You Chair. Haley on the east side of Precision there is that where the 02:50:31.080 --> 02:50:35.640 that large development is going in. Correct. Student housing development. 02:50:35.640 --> 02:50:44.320 Chris you're back. Thank you Chair. So Precision is the only road that has 02:50:44.320 --> 02:50:49.480 access that there's nothing on the north side? Correct. So if you back out and look 02:50:49.480 --> 02:50:53.320 further north there is a parcel between this site and Oak Street here so they 02:50:53.320 --> 02:50:56.120 they have no frontage other than Precision which is currently under 02:50:56.120 --> 02:51:01.000 construction as part of this residential development. Okay great thanks. 02:51:01.000 --> 02:51:05.720 All right so here's kind of the examples of what the fences looked like from what 02:51:05.720 --> 02:51:08.960 they provided so this is the the front wrought iron screening fence with the 02:51:08.960 --> 02:51:12.960 gate that would be along Precision and then this is the wire mesh you can see 02:51:12.960 --> 02:51:17.720 it's a it's a tighter knit I guess linkage than what you would get with the 02:51:17.720 --> 02:51:22.160 chain-link fence that is proposed to be a black coated fence so it would be you 02:51:22.160 --> 02:51:25.320 know a little above and beyond the typical aluminum chain link security 02:51:25.320 --> 02:51:28.760 fence that you would see in a facility but it is as you can see here a much 02:51:28.760 --> 02:51:35.960 tighter weave than what a chain-link fence would be. So again as Julie walked 02:51:35.960 --> 02:51:39.240 through there's the five criteria for approval in sub chapter 13 for an 02:51:39.240 --> 02:51:42.520 alternative development plan so we'll go through those. The first being 02:51:42.520 --> 02:51:46.640 preservation of existing neighborhoods as I mentioned this is a supporting use 02:51:46.640 --> 02:51:50.800 for existing industrial development. There is as Commissioner Ellis pointed 02:51:50.800 --> 02:51:55.560 out a multifamily under construction across the street. The code when there's 02:51:55.560 --> 02:51:58.840 right of way between a commercial and multifamily use doesn't require a 02:51:58.840 --> 02:52:03.240 buffer but they are proposing as you saw in the landscape plan to screen this 02:52:03.240 --> 02:52:07.000 facility and they will have that security fencing to prevent anyone from 02:52:07.000 --> 02:52:13.000 that residential development from being able to access the site. The second 02:52:13.000 --> 02:52:16.480 criteria is to assure quality development. The request as you see here 02:52:16.480 --> 02:52:20.120 isn't intending to lower the development standards they're needing the fencing 02:52:20.120 --> 02:52:24.120 for security purposes for the vehicles and then they are still accommodating 02:52:24.120 --> 02:52:29.120 all of the required landscaping on site just in alternative locations. The third 02:52:29.120 --> 02:52:33.920 criteria is to focus new development to activity centers. This is within our West 02:52:33.920 --> 02:52:37.580 Park Terz area so it's an area intended for industrial development and 02:52:37.580 --> 02:52:43.680 supporting uses so this is well within what we would expect to see in this area. 02:52:43.680 --> 02:52:47.940 Fourth criteria ensuring or ensure infrastructure can accommodate the 02:52:47.940 --> 02:52:51.960 development. The infrastructure is not on the ground today but it's all under 02:52:51.960 --> 02:52:56.240 construction so the dashed lines on our map here indicate a water and sewer 02:52:56.240 --> 02:53:00.200 facilities that are under construction. As I mentioned precision drive is also 02:53:00.200 --> 02:53:05.440 currently being built from its current terminus here at the north boundary of 02:53:05.440 --> 02:53:09.800 Peterbilt's existing facility all the way up to Oak Street and that development 02:53:09.800 --> 02:53:15.360 is going in along with the residential development here. It is a collector 02:53:15.360 --> 02:53:20.400 street correct. And then the final criteria is that the results would be a 02:53:20.400 --> 02:53:23.680 high-quality development that meets the intent of the standards. So as I 02:53:23.680 --> 02:53:27.120 mentioned their their fencing is not an attempt to provide a lower quality 02:53:27.120 --> 02:53:30.040 material than what the code would require it's just something different 02:53:30.040 --> 02:53:33.560 that I suspect probably wasn't a popular material at the time our code was 02:53:33.560 --> 02:53:38.360 drafted in 2002 and it is for security purposes. They are coating it in black so 02:53:38.360 --> 02:53:41.360 it wouldn't be a reflective material that could potentially distract a driver 02:53:41.360 --> 02:53:45.400 as they go by and they are also proposing to relocate their trees in a 02:53:45.400 --> 02:53:48.560 way that would help screen the fence and the trucks from the north and south 02:53:48.560 --> 02:53:54.640 sides. Thank you chair. Hayley on that student housing development that's 02:53:54.640 --> 02:54:00.800 being just the east of that there. Do we have a site plan for that yet? 02:54:00.800 --> 02:54:03.640 We've already approved that. That was approved with a specific use 02:54:03.640 --> 02:54:08.840 department. I couldn't remember. Do you remember vaguely where the 02:54:08.840 --> 02:54:13.200 entrants and exits were for that and if this facility at all is gonna be next. 02:54:13.200 --> 02:54:16.200 What I'm thinking is if there's an undecking I don't know what that is I 02:54:16.200 --> 02:54:19.400 don't know we're gonna ask the African tonight but if there's trucks moving in 02:54:19.400 --> 02:54:22.240 and out of there and that's student housing back there as well and on a 02:54:22.240 --> 02:54:25.120 collector's tree that doesn't seem like a whole lot of room for trucks to be 02:54:25.120 --> 02:54:28.640 moving in and out of long with students driving in and out of there too. Correct 02:54:28.640 --> 02:54:32.840 it's slightly off-map here but you can see their primary driveway for the 02:54:32.840 --> 02:54:38.360 student lines with this which is what's required within our criteria manual for 02:54:38.360 --> 02:54:42.080 safe maneuverability so that there's not driveways offset just enough that 02:54:42.080 --> 02:54:51.600 someone could sure miss someone else coming in or out. And then finally staff 02:54:51.600 --> 02:54:54.440 is recommending approval of this request because we found it to meet all the 02:54:54.440 --> 02:54:58.160 criteria for approval in sub chapter 13 and happy to answer any other questions. 02:54:58.160 --> 02:55:04.280 The only question I have Haley is is truck defined like they have a truck 02:55:04.280 --> 02:55:11.520 sales office is is that a definition truck? It is 18-wheeler tractor trailer 02:55:11.520 --> 02:55:15.380 rigs is my understanding is what their definition of a truck is. I think I 02:55:15.380 --> 02:55:19.440 understand what they're saying is a truck what I'm wondering is are we 02:55:19.440 --> 02:55:24.600 putting in place that it will only be tractor truck trailers and not pick up 02:55:24.600 --> 02:55:28.120 trucks in a used lot in three years from now I'm wondering yeah are we 02:55:28.120 --> 02:55:34.280 protecting against a used car lot going in or are they limited to what I imagine 02:55:34.280 --> 02:55:39.280 is Peter built trucks being sold in their lot? Well the code loosely defines 02:55:39.280 --> 02:55:43.360 all things of this sort is auto and RV sales so this falls within that 02:55:43.360 --> 02:55:49.500 definition so any anything within that realm could be permitted under that use 02:55:49.500 --> 02:55:58.120 definition. So apart that's I guess by right I mean correct so apart from the 02:55:58.120 --> 02:56:07.080 ADP they they could actually put a car lot there correct? Correct I think based 02:56:07.080 --> 02:56:11.360 on their site plan and just the way they have it configured can tell these 02:56:11.360 --> 02:56:17.880 spaces are 100% intended and sized for 18-wheeler I suspect Peter built trucks. 02:56:17.880 --> 02:56:23.440 With ADP's they're being bound to the substantially close to the site plan 02:56:23.440 --> 02:56:26.800 correct? Correct yeah they would have to amend the ADP in the future to 02:56:26.800 --> 02:56:30.960 reconfigure the site. Okay that's helpful enough okay thank you. Any other 02:56:30.960 --> 02:56:39.880 questions? Commissioner Smith? Jerry's gonna punch me because I know this is not 02:56:39.880 --> 02:56:47.040 this is is there any way before public hearing we could see how that site plan 02:56:47.040 --> 02:56:49.540 for that that student housing developments being done and what the 02:56:49.540 --> 02:56:53.160 what the the entrance and the exit from that area is just in relation to this 02:56:53.160 --> 02:56:56.320 project and the only reason why I know Jerry's gonna punch me is because this 02:56:56.320 --> 02:56:59.440 is an ADP this has nothing to do with the use as Commissioner Rossell already 02:56:59.440 --> 02:57:02.240 brought up they could put a car lot there just as soon as they do anything 02:57:02.240 --> 02:57:06.580 else so we're talking about fences and buffering here not about use of the area 02:57:06.580 --> 02:57:11.560 but I don't know maybe maybe I just didn't talk something off it online 02:57:11.560 --> 02:57:15.200 about about what it looks like just because this seems it seems like a 02:57:15.200 --> 02:57:18.800 dangerous area to have to have semi trucks coming in and out of there with 02:57:18.800 --> 02:57:21.160 it being right there. And that was something that our traffic engineering 02:57:21.160 --> 02:57:24.640 department looked at with this the driveway for this is actually a little 02:57:24.640 --> 02:57:27.560 wider than what would typically be permitted to allow that extra 02:57:27.560 --> 02:57:33.040 maneuverability there but precision drive to my understanding is a road that 02:57:33.040 --> 02:57:35.720 was intended even within the towers to always be built to accommodate 02:57:35.720 --> 02:57:40.200 industrial traffic. Okay. Richard do you have anything to add to this? Haley do you 02:57:40.200 --> 02:57:46.560 know if the driveway to the east of the the entry into the truck lot is that is 02:57:46.560 --> 02:57:55.920 that the entrance into the shown on the slide? This is the only thing I have that 02:57:55.920 --> 02:58:01.320 shows where that driveway is I believe the apartments had two drive two 02:58:01.320 --> 02:58:04.920 driveways on the northern end of their property was the primary entry I believe 02:58:04.920 --> 02:58:09.620 this may be the gated southern entry but I'm not positive on that I'd have to 02:58:09.620 --> 02:58:15.960 pull up the plans. Good no worries that's fine. As I'm understanding your 02:58:15.960 --> 02:58:21.960 question essentially you're asking whether the the alternative plan would 02:58:21.960 --> 02:58:31.440 be justifiable given the configuration that you're asking about. The alternative 02:58:31.440 --> 02:58:38.040 plan is not something that you would have to grant necessarily and so you 02:58:38.040 --> 02:58:43.520 perhaps you know what you're actually expressing Commissioner Smith is you know 02:58:43.520 --> 02:58:49.920 that that could be a factor that bears upon whether you feel that the 02:58:49.920 --> 02:58:55.200 alternative plan would be justifiable under the under the criteria that are 02:58:55.200 --> 02:59:05.440 set forth in the code. Okay thank you. Any other questions on this item? Great 02:59:05.440 --> 02:59:10.520 thank you very much Haley. The next order of business brings us into the public 02:59:10.520 --> 02:59:17.040 hearing again public hearing A B and C are not going to be heard tonight so we 02:59:17.040 --> 02:59:23.640 will jump right into 3D which is the final replat and I invite Cindy Jackson 02:59:23.640 --> 02:59:26.240 for presentation. 02:59:44.720 --> 02:59:54.840 Okay thank you yeah you can see that Cindy Jackson FR 18 - 0 0 1 5 is a 02:59:54.840 --> 03:00:02.720 request for approval of the final plat of a lots 1a - 1 and 1a - 2 of the gray 03:00:02.720 --> 03:00:08.920 forest edition. This is actually a residential replat of lot 14 block D 03:00:08.920 --> 03:00:15.480 Park West edition which is this lot right here and lot 1a block A of the 03:00:15.480 --> 03:00:22.800 DeWeerd edition which is this large lot right here. The property is located 03:00:22.800 --> 03:00:29.520 within the neighborhood residential in our 4 district. One of the lots this lot 03:00:29.520 --> 03:00:34.920 along Chisholm is actually developed already with a single-family house. The 03:00:34.920 --> 03:00:41.800 applicant plans to subdivide this large lot and replat half of the the western 03:00:41.800 --> 03:00:47.920 half of it onto this lot leaving the remaining lot vacant with plans to 03:00:47.920 --> 03:00:56.000 develop with residential use. The plat actually meets the requirements of the 03:00:56.000 --> 03:01:02.720 subdivision ordinance and the zoning ordinance. We sent out notifications since 03:01:02.720 --> 03:01:07.200 this is a residential replat we this is a public hearing. We sent out 03:01:07.200 --> 03:01:13.800 notifications within 200 and 500 feet and we we had notice published in the 03:01:13.800 --> 03:01:18.520 newspaper. All is we didn't receive responses back I did receive some phone 03:01:18.520 --> 03:01:23.480 calls from people who received the notices just asking what was going on 03:01:23.480 --> 03:01:31.000 what what they were trying to do with the lots. The applicant will be here 03:01:31.000 --> 03:01:35.880 later on to discuss this however that concludes my presentation. 03:01:35.880 --> 03:01:40.800 Mr. Beck thank you chair thanks Cindy just for clarification it appears to me 03:01:40.800 --> 03:01:48.120 that lot 182 is simply going to be the backyard for that house that's right but 03:01:48.120 --> 03:01:51.720 there's probably an intent to build on the house on the other lot which faces 03:01:51.720 --> 03:02:01.560 Stewart. Yes. Okay okay thanks. Any other questions? Thank You Cindy. Thank you. Next 03:02:01.560 --> 03:02:09.200 item for business is 3E and I invite Haley for presentation. 03:02:21.720 --> 03:02:40.280 The floor is yours. All right so this is a proposed detail plan for a self storage 03:02:40.280 --> 03:02:45.600 facility. So the request before you is to consider making a recommendation to 03:02:45.600 --> 03:02:50.100 council regarding this detail plan for a self storage use within plan 03:02:50.100 --> 03:02:54.840 development 176 which is also known as Wheeler Ridge. The property you can see 03:02:54.840 --> 03:03:00.800 on the map outlined in yellow. It's located on the west side of 2499 north 03:03:00.800 --> 03:03:04.680 of Hickory Creek Road and south of Robinson. The property is just shy of 03:03:04.680 --> 03:03:12.080 three acres in size. So a little bit of background on this site as I mentioned 03:03:12.080 --> 03:03:17.000 the properties within PD 176 which is Wheeler Ridge. This PD was originally 03:03:17.000 --> 03:03:24.320 approved back in 1999. The PD is a large area containing the subject property in 03:03:24.320 --> 03:03:29.000 many of the homes in this area. It was proposed to contain a maximum of 628 03:03:29.000 --> 03:03:33.280 residential units and it also called for two commercial tracts which includes 03:03:33.280 --> 03:03:37.840 the parcel which the subject property was a part of as well as the 03:03:37.840 --> 03:03:43.400 property at the corner of Teasley and Robinson. A plan development requires a 03:03:43.400 --> 03:03:47.900 kind of two phases of planning. The first is the concept plan that outlines the 03:03:47.900 --> 03:03:53.000 very general terms of what can go where within the property. That was approved in 03:03:53.000 --> 03:03:56.920 1999 with the with the original PD and outlined what uses could be built on 03:03:56.920 --> 03:04:00.320 these commercial tracts which was essentially everything permitted within 03:04:00.320 --> 03:04:05.320 the commercial zoning district in the 1991 code. So a very long list of uses. 03:04:05.320 --> 03:04:09.880 The second part of the planning for a PD is the detail plan for each specific 03:04:09.880 --> 03:04:14.240 parcel that determines how the site will be developed. What configuration of site 03:04:14.240 --> 03:04:17.640 design and landscaping and building is required there. So that's where we're at 03:04:17.640 --> 03:04:21.080 tonight is looking at how this particular site can be developed for a 03:04:21.080 --> 03:04:28.560 use that was permitted on the property as far back as 1999. So looking into the 03:04:28.560 --> 03:04:33.240 the details of what's proposed here. This is the site plan so you can see here in 03:04:33.240 --> 03:04:38.280 blue are the four buildings that are proposed on the site just under 85,000 03:04:38.280 --> 03:04:42.960 square feet total between the four buildings. The only actual vehicle 03:04:42.960 --> 03:04:46.760 parking proposed are these five spaces outlined here in red that are for the 03:04:46.760 --> 03:04:51.820 office that's generally located in this part of building A. You'll notice there's 03:04:51.820 --> 03:04:55.640 only one driveway on the site so that would be a shared point of entry off of 03:04:55.640 --> 03:05:01.160 2499 for this use and the car wash which you may remember last year we had a 03:05:01.160 --> 03:05:06.300 detail plan for the car wash that council approved. Once they get into the 03:05:06.300 --> 03:05:10.080 property there are gates proposed at these two points so you know you could 03:05:10.080 --> 03:05:12.400 visit the office and then beyond that you have to enter through one of the 03:05:12.400 --> 03:05:16.040 gates and all of the circulation is internal in between the building so 03:05:16.040 --> 03:05:20.400 there's no drive aisles that would abut or potentially have glare onto the 03:05:20.400 --> 03:05:25.440 residential uses surrounding this. In orange on the map I've outlined where 03:05:25.440 --> 03:05:28.440 they're proposing fences so the building walls would kind of form the 03:05:28.440 --> 03:05:33.120 back of much of the property but they are proposing in between there an eight 03:05:33.120 --> 03:05:37.440 foot masonry wall that would have a couple of gate locations there's one 03:05:37.440 --> 03:05:40.640 here as well as I believe one in this area that would be wrought iron gates 03:05:40.640 --> 03:05:44.220 and then up here surrounding the detention pond on the far north end they 03:05:44.220 --> 03:05:47.480 would propose that that fence transition into an eight foot wrought iron fence to 03:05:47.480 --> 03:05:54.720 allow for drainage flow through that area. So this is kind of a colored 03:05:54.720 --> 03:05:57.360 rendering of what the buildings would look like from the streets so this is 03:05:57.360 --> 03:06:02.040 that office portion here with the glass windows so building A that you saw here 03:06:02.040 --> 03:06:04.880 would be two stories all of the remaining buildings would be single 03:06:04.880 --> 03:06:10.760 story. Looking at this in a little more detail that the PD had some requirements 03:06:10.760 --> 03:06:14.880 for commercial developments to either be constructed of glass stone stucco tile 03:06:14.880 --> 03:06:19.440 concrete wood or similar materials so you can see here they've proposed a 03:06:19.440 --> 03:06:24.680 combination of brick and stone veneer some brick accents there is some ifas 03:06:24.680 --> 03:06:28.000 which is a material similar to stucco proposed just along the tops of the 03:06:28.000 --> 03:06:34.000 buildings for the cornices so it would be full masonry construction. The building 03:06:34.000 --> 03:06:38.260 height the PD permitted up to three stories and the story was defined as 03:06:38.260 --> 03:06:42.520 eleven and a half feet at that time so the highest point of building A here 03:06:42.520 --> 03:06:45.960 above the office is thirty two and a half feet so it's within what's permitted 03:06:45.960 --> 03:06:51.080 within the PD and then just looking at some of the other sides of the building 03:06:51.080 --> 03:06:54.880 here this is actually what would face along the residential side so you can 03:06:54.880 --> 03:07:01.120 see solid masonry construction no windows very few points in which any 03:07:01.120 --> 03:07:05.000 any visuals from the inside the site could be there there you can see one of 03:07:05.000 --> 03:07:10.640 the gates and the fence that would be between the buildings. So now looking at 03:07:10.640 --> 03:07:15.320 their landscape plan the PD as I mentioned adopted in 1999 so they follow 03:07:15.320 --> 03:07:19.400 the 1998 landscape code that was in effect at the time the main requirement 03:07:19.400 --> 03:07:24.360 there was for 15 trees per acre so based on the size they are required 45 trees 03:07:24.360 --> 03:07:29.680 they're proposing 50 trees total on the site 17 of those would be planted here 03:07:29.680 --> 03:07:33.400 along the backside of the building so they have a 25 foot gap between this 03:07:33.400 --> 03:07:36.200 utility easement and where the building starts and they're proposing the 03:07:36.200 --> 03:07:40.400 landscape that heavily to provide again some visual variation and buffering 03:07:40.400 --> 03:07:45.160 between them and the residential uses. Total their site would have 27 percent 03:07:45.160 --> 03:07:49.760 landscaping and 21 percent new tree canopy and they are meeting the DDC the 03:07:49.760 --> 03:07:53.680 current DDC regulations for tree preservation so they're preserving just 03:07:53.680 --> 03:08:01.000 over 40 percent of the quality and secondary trees on the site. So the 1991 03:08:01.000 --> 03:08:05.440 code outlined the criteria for a detailed plan approval the first of 03:08:05.440 --> 03:08:08.840 those is that the plan complies with the general concept plan or development plan 03:08:08.840 --> 03:08:13.680 approved for the property. So what you see here is the highly detailed concept 03:08:13.680 --> 03:08:17.360 plan that was adopted in 1991 it basically broke the PD into three 03:08:17.360 --> 03:08:21.760 tracks commercial development on track one here at Teasley and Robinson. Track 03:08:21.760 --> 03:08:24.960 two was single family where they had that approximately 600 units of 03:08:24.960 --> 03:08:28.440 residential planned and then track three is this triangle that we're looking at 03:08:28.440 --> 03:08:33.040 tonight which again was designated for commercial development. So the use and 03:08:33.040 --> 03:08:36.800 standards that they've proposed here are within what was originally approved 03:08:36.800 --> 03:08:42.080 with the PD. And then the next criteria is that the plan provides for a 03:08:42.080 --> 03:08:45.360 compatible arrangement of buildings and uses that wouldn't adversely affect 03:08:45.360 --> 03:08:50.720 adjoining neighborhoods or properties outside of the PD. So this development 03:08:50.720 --> 03:08:54.800 is in line with what we would typically see along a highway it is kind of 03:08:54.800 --> 03:08:58.560 standard highway commercial development but in terms of the adjoining 03:08:58.560 --> 03:09:03.040 neighborhoods they are providing a 25 foot setback as required in the PD 03:09:03.040 --> 03:09:05.880 between them and the adjoining residences even though there is 03:09:05.880 --> 03:09:10.120 approximately 175 foot of easements providing additional separation there 03:09:10.120 --> 03:09:15.120 between this commercial tract and the nearest residences. Site lighting and 03:09:15.120 --> 03:09:20.440 signage are not directly addressed in the plan development standards so staff 03:09:20.440 --> 03:09:23.120 feels that there could be some potential for nuisances there with commercial 03:09:23.120 --> 03:09:26.920 development having signage and lighting. So we did recommend some conditions that 03:09:26.920 --> 03:09:32.440 we'll look at later related to that. The third criteria is that the plan provides 03:09:32.440 --> 03:09:36.760 for adequate and safe circulation of vehicular traffic. We felt that the 03:09:36.760 --> 03:09:40.040 detail plan meets that it has all internal circulation so again no 03:09:40.040 --> 03:09:43.640 potential for nuisances from glare or lighting for the adjoining residences 03:09:43.640 --> 03:09:48.480 and they are meeting tech stops requirements that one singular driveway 03:09:48.480 --> 03:09:51.000 that they're sharing with the car wash has already been approved by tech stop 03:09:51.000 --> 03:09:57.000 as have the plans for a turn lane into the site on 2499. And then finally that 03:09:57.000 --> 03:10:00.480 the plan is in substantial compliance with landscaping sign subdivision and 03:10:00.480 --> 03:10:03.880 other regulations of the city or that it offers corresponding benefits if it's 03:10:03.880 --> 03:10:09.100 proposing deviations. We again generally found that it is in compliance with the 03:10:09.100 --> 03:10:12.380 PD regulations our current regulations that would apply such as tree 03:10:12.380 --> 03:10:17.140 preservation and again the two pieces where we felt there was some room for 03:10:17.140 --> 03:10:22.780 concern signage and lighting we have proposed conditions related to. So we 03:10:22.780 --> 03:10:28.200 this case was noticed we sent the the mailed notices received no responses to 03:10:28.200 --> 03:10:32.960 those to date and the applicant did hold instead of one large neighborhood 03:10:32.960 --> 03:10:36.320 meeting they set up individual meetings with each of the HOA's in this area so 03:10:36.320 --> 03:10:40.600 Wheeler Ridge and the two phases of Oakmont. I was able to attend the last of 03:10:40.600 --> 03:10:45.520 those with the Oakmont West group and there were approximately 20 people in 03:10:45.520 --> 03:10:52.280 attendance that had relatively mixed feelings about the development. So as I 03:10:52.280 --> 03:10:56.040 mentioned we are recommending two conditions for the approval of this the 03:10:56.040 --> 03:11:00.160 first the no exterior lighting on the building should face a single-family 03:11:00.160 --> 03:11:03.640 residential use or if such lighting is proposed it be screened from view of 03:11:03.640 --> 03:11:07.680 adjoining residences and then a photometric plan be provided with their 03:11:07.680 --> 03:11:10.480 building permit application to demonstrate compliance with the current 03:11:10.480 --> 03:11:15.960 DDC site lighting requirements. The second criteria is again due to the close 03:11:15.960 --> 03:11:21.080 proximity of residential uses to this and the majority of the PD's in this 03:11:21.080 --> 03:11:26.800 area allowing for residential uses that these developments should comply with 03:11:26.800 --> 03:11:29.840 the current code of ordinances sign regulations for a non-residential 03:11:29.840 --> 03:11:33.800 district and specifically that no illuminated wall signs face any adjoining 03:11:33.800 --> 03:11:38.120 single-family use. The applicant hasn't proposed that what we felt as we did 03:11:38.120 --> 03:11:41.160 with the car wash that that was important to provide that protection and 03:11:41.160 --> 03:11:44.560 I'm happy to answer any other questions you may have. 03:11:44.560 --> 03:11:51.760 Thank you chair. Pardon me. Sorry to have my mic on. Thanks. Thanks Amy. A couple of 03:11:51.760 --> 03:11:56.800 things the two gates in the back is that just for access to get back there and 03:11:56.800 --> 03:12:04.520 mow the grass? Can you go back to the site plan show that? I'm assuming that 03:12:04.520 --> 03:12:10.480 where at the other side of the easement there's probably a fence line that the 03:12:10.480 --> 03:12:14.720 houses have. So there's no direct access if they went through that gate? Correct. 03:12:14.720 --> 03:12:17.720 These are all rear property lines here and then that hundred and seventy five 03:12:17.720 --> 03:12:21.080 foot electric easement. Right so there's fences there where if they got into that 03:12:21.080 --> 03:12:23.920 area through those gates they couldn't go directly through the houses or anything. 03:12:23.920 --> 03:12:30.000 Okay then the other thing I noticed on the site plan up on the I guess it'd be 03:12:30.000 --> 03:12:38.120 kind of the north west corner there. It says that there's a proposed eight foot 03:12:38.120 --> 03:12:46.280 high wrought iron fence on top of the wall. How tall is that wall? Are you I guess 03:12:46.280 --> 03:12:57.560 referring to the wall that would be here? Well see I believe there's a retaining 03:12:57.560 --> 03:13:01.160 wall there associated with the detention pond. I'm not sure of the exact height of 03:13:01.160 --> 03:13:27.480 it but I could certainly find out. It's probably going to be a small wall then if you're going to put an eight iron. I believe so. Okay I think it's just for the detention pond. I thought we had the six or eight foot masonry wall in there. No sir. Okay thanks. Any other questions? Thank you Hailey. At this time dinner is here for us to grab a quick bite. I would hope and suggest we do a quick 03:13:27.480 --> 03:13:32.640 break. We still have a lot of items left about an hour to go and then with that 03:13:32.640 --> 03:13:36.120 I'm certainly not discouraging questions in work session but hopefully over the 03:13:36.120 --> 03:13:39.720 next hour we can use our discretion of what's asked here. First to tap asks in 03:13:39.720 --> 03:13:43.280 public hearing just to facilitate an efficient move through the schedule once 03:13:43.280 --> 03:13:47.480 we get back from getting our food. So let's try to do a five minute grab food. 03:13:47.480 --> 03:13:55.840 It's 531 we'll break now. Thank you and welcome back to the work session. It is 03:13:55.840 --> 03:14:05.560 537 call it back to order at this time. We are on item 3F. Julie White for 03:14:05.560 --> 03:14:13.920 presentation. I'm not sure this is possible on this item and other items 03:14:13.920 --> 03:14:18.920 might be more possible but if there isn't an abbreviated presentation if we get at 03:14:18.920 --> 03:14:23.600 the high notes we do that much preferred and then we'll stand for questions for 03:14:23.600 --> 03:14:27.880 sure. Absolutely. Thanks Julie. All right I'm Julie Wyatt and I am presenting a 03:14:27.880 --> 03:14:32.160 portion of the alternative ESA plan. Christy Upton is actually going to be 03:14:32.160 --> 03:14:37.200 doing the technical part. So I'll just briefly talk about the request and the 03:14:37.200 --> 03:14:40.240 location. The request is for an alternative environmentally sensitive 03:14:40.240 --> 03:14:46.200 area plan. The areas are outlined here in yellow. It's to restore across 03:14:46.200 --> 03:14:52.000 timber's upland habitat on approximately two-tenths of an acre and 03:14:52.000 --> 03:14:59.140 restore a riparian buffer on approximately one acre. Just a brief 03:14:59.140 --> 03:15:03.520 background. Some of you probably remember this this area was subject of an 03:15:03.520 --> 03:15:08.800 alternative ESA plan back in 2016 as part of the Villages of Carmel 03:15:08.800 --> 03:15:15.360 development of phases 4B and 5B. So the preliminary plat shows the areas here 03:15:15.360 --> 03:15:22.600 outlined in red and as part of the development the the applicant did an ESA 03:15:22.600 --> 03:15:29.200 assessment on this this upland habitat here which is the tree portion that was 03:15:29.200 --> 03:15:33.600 actually removed as an ESA prior to the preliminary plat because it did not meet 03:15:33.600 --> 03:15:38.120 the minimum dimension requirements of 10 acres. The riparian buffer was 03:15:38.120 --> 03:15:43.800 confirmed as an ESA prior to the preliminary plat because that 03:15:43.800 --> 03:15:51.680 there was an intermittent stream there. So in the the plat was approved in 2015 03:15:51.680 --> 03:15:55.560 the applicant knew at that time that they wanted to pursue an alternative 03:15:55.560 --> 03:16:00.000 ESA plan in order to remove the protections for the riparian buffer. Let 03:16:00.000 --> 03:16:02.760 me go back to that map I think that's better. So they wanted to remove the 03:16:02.760 --> 03:16:08.400 protections for the riparian buffer. In exchange they they proposed to to 03:16:08.400 --> 03:16:13.440 preserve the the upland habitat that no longer was an ESA but still had the the 03:16:13.440 --> 03:16:19.640 trees there and the the the the understory and all of those factors 03:16:19.640 --> 03:16:24.200 associated just didn't meet that that 10 acre minimum. That alternative ESA was 03:16:24.200 --> 03:16:30.040 approved by City Council and and so then the development went forward with final 03:16:30.040 --> 03:16:35.400 plats. In 2018 in the summer the applicant approached the city and said 03:16:35.400 --> 03:16:43.080 we made a mistake and we cut down about two-tenths of an acre of trees and 03:16:43.080 --> 03:16:47.580 actually these areas the the areas these two lots that were part of the 03:16:47.580 --> 03:16:52.440 preliminary plat but the that the trees were preserved on these as part of the 03:16:52.440 --> 03:16:57.080 alternative ESA and so these these lots were never final platted so those 03:16:57.080 --> 03:17:00.680 weren't supposed to be graded but they did end up cutting down the trees and 03:17:00.680 --> 03:17:05.000 grading it and removing the topsoil. So they approached the city and we talked 03:17:05.000 --> 03:17:08.080 about it and tried to come up with the best plan of action for them to move 03:17:08.080 --> 03:17:12.360 forward and so they are now before you and will ultimately go to City Council 03:17:12.360 --> 03:17:18.560 with an alternative ESA plan to restore not only the area that they removed that 03:17:18.560 --> 03:17:23.060 was preserved but then they're also proposing to restore that riparian 03:17:23.060 --> 03:17:28.840 buffer. So with that I am going to turn it over to Christy Upton to talk about 03:17:28.840 --> 03:17:38.840 the technical aspect. Thank you Julie and commissioners and I will try to also 03:17:38.840 --> 03:17:47.320 speak through some of the information here. I did want to add we have some 03:17:47.320 --> 03:17:52.000 visuals about the encroachment this is the upland habitat that was removed and 03:17:52.000 --> 03:17:59.120 inadvertently in addition to the 0.2 acres or so of upland habitat that was 03:17:59.120 --> 03:18:06.360 part of those two lots there was also some encroachment with a sidewalk that 03:18:06.360 --> 03:18:13.960 was put along harbor mist and during that construction the the construction 03:18:13.960 --> 03:18:19.160 crews pushed the dirt work up into the the upland habitat removing all the 03:18:19.160 --> 03:18:26.160 understory and also we wanted to explain to you what happened with the riparian 03:18:26.160 --> 03:18:33.040 buffer. This was inadvertently filled greater than what was approved by the 03:18:33.040 --> 03:18:39.440 nationwide permit that allows for 300 linear feet of ephemeral streams to be 03:18:39.440 --> 03:18:47.680 filled and they had filled 702 linear feet and with that information once they 03:18:47.680 --> 03:18:53.840 realized that they had exceeded that linear feet allowance they went back to 03:18:53.840 --> 03:18:59.240 the Corps and the Corps and and the applicant are working through a 03:18:59.240 --> 03:19:06.480 mitigation project for the core purposes and that's an important 03:19:06.480 --> 03:19:11.660 part of what's going to be occurring with this project. The criteria for 03:19:11.660 --> 03:19:17.160 approval is to create and expand or improve preserved areas, improve 03:19:17.160 --> 03:19:23.120 encroached habitat, maintain habitat continuity, maximize public access and 03:19:23.120 --> 03:19:27.960 utilization, preservation of the protected area in perpetuity and to 03:19:27.960 --> 03:19:33.320 create a high quality development. In this case staff feels that they have met 03:19:33.320 --> 03:19:37.360 this criteria except for improving encroached habitat or environment which 03:19:37.360 --> 03:19:45.160 we did not feel applied to this project. Their restoration strategy and just to 03:19:45.160 --> 03:19:52.120 to help you keep track of which one is which we're calling the riparian buffer 03:19:52.120 --> 03:19:58.560 area the original ESA and they are going to restore for 402 linear feet of the 03:19:58.560 --> 03:20:07.280 original riparian buffer for the Corps purposes and they had that those that 03:20:07.280 --> 03:20:12.560 part of the lot where they intend to restore and there was area on the 03:20:12.560 --> 03:20:19.240 outskirts of that riparian buffer and what they have proposed is to recreate 03:20:19.240 --> 03:20:26.000 an upland habitat along the riparian buffer that they are creating for the 03:20:26.000 --> 03:20:33.640 Corps purposes. In that project that part of the project it will be using 177 of 03:20:33.640 --> 03:20:38.960 the 195 tree caliper inches that they removed from the original I mean from 03:20:38.960 --> 03:20:44.760 the alternative ESA the upland habitat the 0.2 acres that unintentionally 03:20:44.760 --> 03:20:53.960 graded. So they'll be putting 177 inches into this area here and then 03:20:53.960 --> 03:20:59.360 they will also be trying to recreate an understory habitat by using an American 03:20:59.360 --> 03:21:04.840 Beautyberry shrub, post oak seedlings and a mix of black lamb prairie 03:21:04.840 --> 03:21:15.800 seed mix. And then in the Alta ESA area which was the little over 2.2 acres of 03:21:15.800 --> 03:21:22.760 upland habitat that was inadvertently removed they are going to place trees 03:21:22.760 --> 03:21:28.240 along harbor mist trail to harness the lot and kind of create a barrier there 03:21:28.240 --> 03:21:37.440 and a visual barrier but also to create a sense of that this lot is not to be 03:21:37.440 --> 03:21:42.840 maintained and in the same manner as you would maintain other grassed areas and 03:21:42.840 --> 03:21:47.800 that they will be putting a black lamb prairie seed mix in to kind of create a 03:21:47.800 --> 03:21:55.800 savanna area within that upland habitat. An example of the black lamb 03:21:55.800 --> 03:22:02.360 prairie mix the additional mitigation strategies will be to bring topsoil in 03:22:02.360 --> 03:22:09.160 to the restored areas to promote plant viability to landscape use landscape 03:22:09.160 --> 03:22:16.160 irrigation and to either use infrequent or no mowing schedule to implement and 03:22:16.160 --> 03:22:20.760 will be implemented to promote a natural habitat progression and they will be 03:22:20.760 --> 03:22:26.600 installing educational signs that promote this is just an example of what 03:22:26.600 --> 03:22:31.800 the sign would look like they had a number of choices to choose from but the 03:22:31.800 --> 03:22:38.600 sign will be promoting crest timbers upland habitat. The long-term 03:22:38.600 --> 03:22:44.320 management and monitoring of this will be a three-year monitoring period the 03:22:44.320 --> 03:22:49.040 applicant will place any den material during that three-year application and 03:22:49.040 --> 03:22:55.020 monitoring period they'll repair any eroded land and remove any trash the 03:22:55.020 --> 03:23:00.520 annual report will be generated for environmental services to review and 03:23:00.520 --> 03:23:06.680 after three years there will be a final acceptance and staff is recommending 03:23:06.680 --> 03:23:10.520 approval with the following conditions I won't read everything I'll just kind of 03:23:10.520 --> 03:23:15.440 hit the highlights for you to replace the 195 tree caliber inches that they 03:23:15.440 --> 03:23:23.400 removed inadvertently from the upland habitat to place 0.5 acres adjacent to 03:23:23.400 --> 03:23:29.160 the Corps of Engineers project with the upland habitat restoration and the 03:23:29.160 --> 03:23:34.400 0.23 acres of the Crest Timbers upland habitat along the alternative ESA 03:23:34.400 --> 03:23:41.840 section and then the annual reporting plants to be installed will be 03:23:41.840 --> 03:23:50.920 maintained and then they are also an agreement of a either a bond a letter of 03:23:50.920 --> 03:23:54.560 credit or an escrow in the amount of twenty four thousand three hundred seventy 03:23:54.560 --> 03:24:01.160 five which is currently the hundred twenty five dollars per tree caliber inch 03:24:01.160 --> 03:24:08.400 that is within our code and then then to this was not in your packet we have 03:24:08.400 --> 03:24:13.640 added this since we're proposing that there be a homeowners association 03:24:13.640 --> 03:24:18.840 document that be created and filed us to establish the maintenance of these lots 03:24:18.840 --> 03:24:30.520 in accordance with accordance with our ordinance and Julie has added some 03:24:30.520 --> 03:24:38.600 information about the notification public notification for a public hearing was 03:24:38.600 --> 03:24:42.500 sent out we have received three letters in opposition primary concerns that 03:24:42.500 --> 03:24:49.160 we've heard about our drainage the the lots there a few lots there on Delray 03:24:49.160 --> 03:24:54.040 who have some concerns about drainage the proposal would not add any impervious 03:24:54.040 --> 03:24:59.600 area to the site so it wouldn't wouldn't increase any runoff to the site so but 03:24:59.600 --> 03:25:04.040 but that's what we've heard from the neighbors so far and that is the 03:25:04.040 --> 03:25:10.560 presentation we'll stand for any questions mr. Beck thank you chair Julie 03:25:10.560 --> 03:25:16.580 would you know if the enforcement rules that are coming up that'll be on the new 03:25:16.580 --> 03:25:23.040 DDC will those be the ones used to make sure nothing goes awry this time well 03:25:23.040 --> 03:25:29.000 maybe that's a question for Richard I could speak to what's proposed on this 03:25:29.000 --> 03:25:32.120 one okay because we've got some lesson learned on enforcement with ease this 03:25:32.120 --> 03:25:36.640 because we've we've tried to figure out the best way to enforce that and and we 03:25:36.640 --> 03:25:41.240 felt like it actually it was Richard's suggestion to have to put in that bond 03:25:41.240 --> 03:25:46.160 letter of credit or escrow in that amount for that three-year period and to 03:25:46.160 --> 03:25:50.920 make sure that if if they aren't alive that we have a mechanism to support or 03:25:50.920 --> 03:25:57.160 to support the the requiring them to go back and replant or that we would 03:25:57.160 --> 03:26:01.120 replant ourselves if they didn't so we felt like that was probably the best way 03:26:01.120 --> 03:26:08.400 to approach it and then in addition to the HOA documents so the city will have 03:26:08.400 --> 03:26:13.640 some kind of trigger to after three years yes yeah if after three years if 03:26:13.640 --> 03:26:17.200 ninety percent aren't thriving then that's where the enforcement would kick 03:26:17.200 --> 03:26:33.240 in he has and we've kind of been both both groups water administration and 03:26:33.240 --> 03:26:37.280 planning have been working with them that the homeowners association he was 03:26:37.280 --> 03:26:41.200 he was fine with that he did have some current concerns about that bond or 03:26:41.200 --> 03:26:46.400 letter so we added in the additional or escrow the city of Denton has a provision 03:26:46.400 --> 03:26:50.640 that that developers can sometimes escrow money for sidewalks so it's 03:26:50.640 --> 03:26:54.280 something that happens kind of frequently with development so he he 03:26:54.280 --> 03:26:59.160 understood why we were requesting that condition and he felt like the escrow 03:26:59.160 --> 03:27:02.840 was probably the best the way he would want to approach it so that's why we 03:27:02.840 --> 03:27:09.440 left some options in there for him when you're talking about the ESA 03:27:09.440 --> 03:27:13.520 maintaining in perpetuity you're talking about the creek right you're not talking 03:27:13.520 --> 03:27:19.600 about the upland area both oh both yes sir is there anything in there that would 03:27:19.600 --> 03:27:26.880 state that the ESA especially the upland be maintained say like moing to maintain 03:27:26.880 --> 03:27:34.240 the you know the flowers and all that if you just let it go over time you're 03:27:34.240 --> 03:27:43.880 gonna lose them I'm gonna let Christie answer that okay during my discussions 03:27:43.880 --> 03:27:55.200 with the applicant about this HOA idea he he said and we might ask him during 03:27:55.200 --> 03:28:01.360 this evening's meetings more if he's still in agreement with this he he said 03:28:01.360 --> 03:28:08.840 that right now he's the declarant of the HOA documents and he can put in that 03:28:08.840 --> 03:28:18.080 document anything that that the city has proposed at that time so I think right 03:28:18.080 --> 03:28:23.640 now it's open for for him to add in whatever information we would like to 03:28:23.640 --> 03:28:31.400 request and the long term you also want to make sure that you're managing that 03:28:31.400 --> 03:28:39.240 not just okay we're preserving it and that makes a big difference any other 03:28:39.240 --> 03:28:47.080 questions on this item all right thank you very much next time we have is 3g 03:28:47.080 --> 03:29:08.700 zoning case presented by Julie Wyatt this is my last one all right so I'll 03:29:08.700 --> 03:29:12.600 be I'll be quick about this one as well so this is for a zoning case Audra 03:29:12.600 --> 03:29:19.280 Heights the request is to rezone about 8.7 acres from neighborhood residential 03:29:19.280 --> 03:29:23.640 mixed-use 12 to neighborhood residential mixed-use the subject 03:29:23.640 --> 03:29:30.480 property is located on the north side of Audra near the loop 288 corridor under 03:29:30.480 --> 03:29:34.800 current zoning you could see that NRM you 12 here that's in that orange 03:29:34.800 --> 03:29:40.920 hatched and then NRM you is adjacent to it that's that red the surrounding zoning 03:29:40.920 --> 03:29:46.680 includes an NRM you 12 to the south as well as some NR for for our single 03:29:46.680 --> 03:29:50.320 family neighborhoods surrounding you've got NR to which some pretty large lot 03:29:50.320 --> 03:29:55.520 single-family and then NR three to the to the west of the subject property 03:29:55.520 --> 03:29:59.200 there's PD across the loop and then you've got a little bit of community 03:29:59.200 --> 03:30:03.640 mixed use there at the loop in University the applicant is proposing to 03:30:03.640 --> 03:30:11.920 extend that NRM you toward the west to take in that 8.7 acres before we talk 03:30:11.920 --> 03:30:15.480 about the background but we'll go really quickly so the maximum lot coverage in 03:30:15.480 --> 03:30:20.240 NRM you 12 is 60% lot coverage within the city of Denton includes all 03:30:20.240 --> 03:30:24.360 buildings and impervious surface so driveways that walkways anything rain 03:30:24.360 --> 03:30:29.440 can't get through townhomes are a permitted use in NRM you 12 at a maximum 03:30:29.440 --> 03:30:34.400 density of 12 dwelling units per acre so based upon this the applicant 03:30:34.400 --> 03:30:38.760 preliminary plotted the property in December of 2017 and you'll see it right 03:30:38.760 --> 03:30:42.920 here you'll see it's a townhome development with alleyways this layout 03:30:42.920 --> 03:30:46.880 was actually based upon a misapplication of the Denton development code which 03:30:46.880 --> 03:30:52.680 relates to lot coverage so in in sub chapter 13 there is a provision that 03:30:52.680 --> 03:30:59.160 driveways that are constructed with a pervious surface are not counted toward 03:30:59.160 --> 03:31:04.680 lot coverage but counted as landscape area so that is the way they proceeded 03:31:04.680 --> 03:31:07.360 with their plat and it's the way actually a lot of townhome developments 03:31:07.360 --> 03:31:12.280 within the city have proceeded in early 2018 the city embarked upon some update 03:31:12.280 --> 03:31:16.920 to the parking rags and they went back and and and looked at that provision 03:31:16.920 --> 03:31:20.920 within the code and determined that though that provision had actually been 03:31:20.920 --> 03:31:29.080 misapplied and that in actually in the code it specifically prohibits single 03:31:29.080 --> 03:31:34.240 family and duplex lots from taking from from using this provision so so that 03:31:34.240 --> 03:31:38.960 single family and duplex lots even their driveway would have to count toward the 03:31:38.960 --> 03:31:43.320 lot coverage so when they came in for a final plot we alerted them to that fact 03:31:43.320 --> 03:31:46.520 and that there it was going to be difficult for them to develop the site 03:31:46.520 --> 03:31:50.880 with the adequate parking in the building under the lot coverage 03:31:50.880 --> 03:31:55.400 requirements so because this affects the develop ability of it they have 03:31:55.400 --> 03:32:01.640 requested to rezone to NRM you because that permits an 80% lot coverage the 03:32:01.640 --> 03:32:05.200 criteria for for rezoning is in subchapter 3 of the Denton development 03:32:05.200 --> 03:32:10.080 code so the first criteria is the Denton plan 2030 what's the future land use so 03:32:10.080 --> 03:32:15.320 this area is has two future land use designations that affect it moderate 03:32:15.320 --> 03:32:19.520 residential and neighborhood mixed use moderate residential is is for 03:32:19.520 --> 03:32:25.000 residential development 4 to 12 dwelling units per acre think of kind of infill 03:32:25.000 --> 03:32:30.080 and inner-city neighborhoods a variety of housing types maybe single family 03:32:30.080 --> 03:32:33.800 with smaller lots but so you get that moderate density but but it is a 03:32:33.800 --> 03:32:40.200 residential future land use designation neighborhood mixed use can include 03:32:40.200 --> 03:32:43.600 residential development with a variety of housing types so once again that 03:32:43.600 --> 03:32:48.360 townhome or duplex development but it also folds in the commercial uses and 03:32:48.360 --> 03:32:53.720 retail services those day-to-day uses in both of them scale and compatibility is 03:32:53.720 --> 03:32:57.840 important when we look at the design so if you'll just look at the future land 03:32:57.840 --> 03:33:02.360 use here's the subject property in black you've got that orange here that's the 03:33:02.360 --> 03:33:06.760 moderate residential the pink is the neighborhood mixed use and then you have 03:33:06.760 --> 03:33:10.120 the surrounding to the to the west of the subject property you have low 03:33:10.120 --> 03:33:15.280 residential you got business innovation across the loop and then community mixed 03:33:15.280 --> 03:33:22.440 use along along University so as we look at the future land use and remember the 03:33:22.440 --> 03:33:27.560 future land use is a guide it's the 30,000 foot view of how the city of our 03:33:27.560 --> 03:33:31.640 vision of our city that zoning pattern that's where we start implementing some 03:33:31.640 --> 03:33:38.560 of those goals so when we look at that future land use we we we see that the 03:33:38.560 --> 03:33:41.760 zoning patterns must protect the existing scale of neighborhoods within 03:33:41.760 --> 03:33:48.680 that future land use and so even within this you want transition areas to allow 03:33:48.680 --> 03:33:52.700 development to either gradually increase or decrease and this is an interesting 03:33:52.700 --> 03:33:57.480 area because you really can see this in action so if you follow the red line you 03:33:57.480 --> 03:34:02.720 can see this is low residential the intensity the intensity grows as you get 03:34:02.720 --> 03:34:06.240 toward loop 288 as you get toward that commercial corridor so you go from low 03:34:06.240 --> 03:34:11.440 to moderate to then neighborhood mixed use as you get up to University you even 03:34:11.440 --> 03:34:15.440 get more intense to the community mixed use because it's not as close to 03:34:15.440 --> 03:34:20.720 residential neighborhoods so that that transition and that gradual scale change 03:34:20.720 --> 03:34:25.200 is really important the proposed townhome use is consistent with both 03:34:25.200 --> 03:34:30.880 future land use designations but staff feels like that NRM you may it could 03:34:30.880 --> 03:34:36.480 disrupt that progression of intensity that it it it wouldn't allow it to flow 03:34:36.480 --> 03:34:42.000 as well that NRM you really is more consistent with that neighborhood mixed 03:34:42.000 --> 03:34:48.000 use so future land use rather than that moderate residential and that really 03:34:48.000 --> 03:34:52.280 that the existing zoning is more consistent with with both future land 03:34:52.280 --> 03:34:56.040 use designations it really does do a good job bridging the gap between the 03:34:56.040 --> 03:35:00.000 moderate residential and that neighborhood mixed use because it still 03:35:00.000 --> 03:35:04.640 allows a wide variety of housing and some commercial but a really reduced 03:35:04.640 --> 03:35:11.680 scale so a use comparison this only pulled out what what is different in the 03:35:11.680 --> 03:35:15.480 few in the two different zoning districts so for instance places that we 03:35:15.480 --> 03:35:19.960 looked at duplexes and single-family are permitted under current zoning they're 03:35:19.960 --> 03:35:26.120 not under NRM you so it kind of takes away that residential component NRM you 03:35:26.120 --> 03:35:30.480 does allow some more intense uses like hotels or bars or restaurants things 03:35:30.480 --> 03:35:35.280 that may introduce incompatibilities with with those surrounding single-family 03:35:35.280 --> 03:35:41.440 neighborhoods NRM you also permits building height up to 65 feet so it's 03:35:41.440 --> 03:35:48.520 quite a bit taller than what is what's out there now the second criteria for 03:35:48.520 --> 03:35:52.000 approval is adequate public improvements it's important to know that the 03:35:52.000 --> 03:35:56.360 proposal would not increase the density but the intensity on the lot so we would 03:35:56.360 --> 03:36:01.960 increase the lot coverage but not necessarily the the density they did 03:36:01.960 --> 03:36:07.320 there the trip generation for the townhome use is is 604 trips during a 03:36:07.320 --> 03:36:14.480 24-hour workday or weekday so it doesn't trigger that TIA here's some site 03:36:14.480 --> 03:36:18.080 photos this is the subject property right here I was standing across the 03:36:18.080 --> 03:36:22.240 street so there's the site and this is kind of standing on the corner and 03:36:22.240 --> 03:36:27.240 looking back at those residential neighborhoods this is the the duplex 03:36:27.240 --> 03:36:31.200 development just adjacent to the subject property and then here's the 03:36:31.200 --> 03:36:36.800 single-family neighborhood to the south of that duplex development there is 03:36:36.800 --> 03:36:41.880 adequate water and and wastewater within within the area for them to connect to 03:36:41.880 --> 03:36:48.000 so just other findings so stuff based upon the future land use designation 03:36:48.000 --> 03:36:52.960 based upon the the development in the area and that zoning pattern staff 03:36:52.960 --> 03:36:58.040 feels that that NRM you would reduce the transition area between the loop 288 the 03:36:58.040 --> 03:37:03.200 high-intensity commercial development you would normally see on a highway 03:37:03.200 --> 03:37:07.960 corridor and that low density residential to the west however if the 03:37:07.960 --> 03:37:11.880 planning and zoning Commission does opt to recommend approval we recommend some 03:37:11.880 --> 03:37:16.560 overlay conditions first that the uses would be restricted to the townhome use 03:37:16.560 --> 03:37:24.960 with that limitation 40 which is in which is what's existing for NRM you now 03:37:24.960 --> 03:37:30.320 which essentially limits the density or the number of townhomes that you can do 03:37:30.320 --> 03:37:35.720 to 12 per acre so it essentially limit the density to what's existing reduce 03:37:35.720 --> 03:37:41.080 the maximum building height to 40 feet and then also provide for common area 03:37:41.080 --> 03:37:46.840 lots owned and maintained by an age an HOA adjacent to Audra to provide some 03:37:46.840 --> 03:37:51.480 screening to provide that transition through design mechanisms between the 03:37:51.480 --> 03:37:57.760 single-family neighborhoods and and the and the zoning and that would include a 03:37:57.760 --> 03:38:03.120 screening wall as well as a type B buffer which is five trees and 20 shrubs 03:38:03.120 --> 03:38:08.400 or I'm sorry 30 shrubs per 100 linear feet notification was sent out we've 03:38:08.400 --> 03:38:13.400 received one letter in opposition and I passed that out to you signs were posted 03:38:13.400 --> 03:38:17.200 on the side and they did have a neighborhood meeting and based upon the 03:38:17.200 --> 03:38:20.800 the criteria for approval the future land use staff recommends denial of the 03:38:20.800 --> 03:38:22.680 request and I'll stand for any questions 03:38:22.680 --> 03:38:27.480 Christopher Smith thank you so the the record the staff recommendation if there 03:38:27.480 --> 03:38:34.240 is approval is pretty much to keep it in our new 12 but the density and just add 03:38:34.240 --> 03:38:38.440 an HOA requirement and then the only reason why they're even requesting an 03:38:38.440 --> 03:38:41.720 RMU in the first place is because they're trying to get to that 80% lock 03:38:41.720 --> 03:38:45.040 coverage standpoint so you think that even the applicant are probably okay 03:38:45.040 --> 03:38:48.320 with the density requirement that's being enforced upon that or has that been a 03:38:48.320 --> 03:38:52.960 discussion the applicant will be here this evening so you can talk with them 03:38:52.960 --> 03:39:00.440 about their the they haven't given any indication that they are in disagreement 03:39:00.440 --> 03:39:05.600 with with the restriction on use or building height I think they may have 03:39:05.600 --> 03:39:10.840 some concerns about the the screening along Audra but but they haven't given 03:39:10.840 --> 03:39:15.000 us any indication and you're just saying right now because that lot is so thin 03:39:15.000 --> 03:39:19.960 that there is no way for them to be able to do the density be able to provide the 03:39:19.960 --> 03:39:25.080 driveway and the 80% lot coverage correct there's just not there's no 03:39:25.080 --> 03:39:28.520 feasible way for them to do that so they would have to reduce density or change 03:39:28.520 --> 03:39:34.560 they'd have to change their lot sizes they may have to revise their their 03:39:34.560 --> 03:39:38.960 building layouts maybe go taller so there are you know there may be design 03:39:38.960 --> 03:39:43.560 interventions they could do to meet the lot coverage but it would change the it 03:39:43.560 --> 03:39:49.520 would change the site plan that was originally submitted what was the height 03:39:49.520 --> 03:39:53.760 from those back in 2017 we don't have it's because it's residential we don't 03:39:53.760 --> 03:39:58.040 have a site plan they would just have to meet the requirements what was that this 03:39:58.040 --> 03:40:05.960 is a preliminary plot they would just have to follow current which is 40 yes 03:40:05.960 --> 03:40:13.680 sir did this meet the requirement before the change in 2018 when it was no it 03:40:13.680 --> 03:40:18.280 never met the requirements it was approved the preliminary plot was 03:40:18.280 --> 03:40:24.840 approved and and and the preliminary pat plat meets zoning so as it's laid out it 03:40:24.840 --> 03:40:28.720 meets the bulk the dimensional requirements within the zoning district 03:40:28.720 --> 03:40:32.880 for lot size and density where it doesn't meet the zoning is lot coverage 03:40:32.880 --> 03:40:36.640 and that really comes in at the development of the site so when they 03:40:36.640 --> 03:40:41.800 came in with the final plot we alerted them to hey you can get a plot approved 03:40:41.800 --> 03:40:46.720 but you may not be able to develop the lots the way you would like to because 03:40:46.720 --> 03:40:55.840 of that lot coverage so what you're saying if they go ahead and increase a 03:40:55.840 --> 03:41:01.360 lot size then they like you just said 12 units per acre they would be able to 03:41:01.360 --> 03:41:07.920 meet the requirements right as proposed they're actually under 12 units per 03:41:07.920 --> 03:41:15.080 oh so so you know it and and this is an issue that staff is aware of because it 03:41:15.080 --> 03:41:18.800 really does it does affect townhome developments and it's something with the 03:41:18.800 --> 03:41:22.920 new didn't development code we're looking at trying to look at different 03:41:22.920 --> 03:41:26.240 standards for townhome developments because it does restrict the 03:41:26.240 --> 03:41:33.760 develop ability of that use I guess for clarification that bullet DDC was 03:41:33.760 --> 03:41:43.320 misapplied by whom staff any other questions thank you very much Julie 03:41:43.320 --> 03:41:50.120 sure next item is item 3h this is Haley 03:41:50.120 --> 03:42:08.880 and Haley as Julie so graciously did any brevity to the presentation yes 03:42:08.880 --> 03:42:13.920 appreciate it I think this one's a little easier to try to breeze through so 03:42:13.920 --> 03:42:18.760 this is an SUP request for dent one and if you look right outside the windows 03:42:18.760 --> 03:42:24.240 across the street you will see their existing facility so the request before 03:42:24.240 --> 03:42:27.760 you is to hold the public hearing consider making a recommendation to 03:42:27.760 --> 03:42:32.800 council for an SUP for a vehicle repair use the property as I mentioned is just 03:42:32.800 --> 03:42:37.680 across the street here on the south side of McKinney Street the property is zone 03:42:37.680 --> 03:42:43.880 DCG this zoning district does require an SUP for vehicle repair this use has been 03:42:43.880 --> 03:42:47.120 an operation on the site for a little over a year and a half this request 03:42:47.120 --> 03:42:51.760 actually came to light because our zoning enforcement officers became aware 03:42:51.760 --> 03:42:56.320 that this facility was operating without a certificate of occupancy so through 03:42:56.320 --> 03:42:58.800 that they determined that the best course of action to bring them into 03:42:58.800 --> 03:43:02.320 compliance with the code would be to pursue the specific use permit so that 03:43:02.320 --> 03:43:07.480 it meets the use regulations for this district there are multiple aspects of 03:43:07.480 --> 03:43:10.280 the site as it exists today that are outlined in your backup that aren't in 03:43:10.280 --> 03:43:14.520 compliance with the current development code regulations because development on 03:43:14.520 --> 03:43:19.220 the site dates back to the 1970s so as part of this SUP we worked with them to 03:43:19.220 --> 03:43:22.800 determine ways they could at least bring the site closer into what the DDC would 03:43:22.800 --> 03:43:28.240 require in terms of site design so we won't run through all the criteria for 03:43:28.240 --> 03:43:32.960 approval but they're outlined in detail in your backup just a quick look at 03:43:32.960 --> 03:43:37.360 their site plan the vehicle repair use although there are multiple buildings 03:43:37.360 --> 03:43:41.560 on the property is confined to the 600 square foot building outlined in blue so 03:43:41.560 --> 03:43:46.560 located just behind the new taco shop on the property this is the secondhand 03:43:46.560 --> 03:43:50.920 sports building here and then this is a vacant building some of the improvements 03:43:50.920 --> 03:43:53.680 as I mentioned that they're proposing to make to help bring this more into 03:43:53.680 --> 03:43:57.440 compliance would be the installation of a six foot wood screening fence here with 03:43:57.440 --> 03:44:01.800 gates to allow their cars to move in and out this would screen the vehicle 03:44:01.800 --> 03:44:05.680 storage area that they have on the site it's currently just a gravel lot and the 03:44:05.680 --> 03:44:09.960 code requires that any inoperable inoperable vehicles or outdoor storage 03:44:09.960 --> 03:44:12.720 be screened from the right-of-way so that fence would help accomplish that 03:44:12.720 --> 03:44:17.380 goal and then additionally they are proposing to install the required type C 03:44:17.380 --> 03:44:22.480 landscape buffer here between this use and the multifamily use that's located 03:44:22.480 --> 03:44:25.960 just to the south of them and in addition staff recommended that that 03:44:25.960 --> 03:44:30.360 buffer be continued up the eastern side of the property because there are 03:44:30.360 --> 03:44:34.520 concerns from the neighbors about noise and other potential nuisances generated 03:44:34.520 --> 03:44:38.480 by this use that's been there as their neighbor for about a year so we felt 03:44:38.480 --> 03:44:43.040 over time at least that addition of landscaping there could help mute some 03:44:43.040 --> 03:44:49.080 of the noises from the side the future land use for this property is a down the 03:44:49.080 --> 03:44:53.320 downtown Denton area so this does call for high density residential with other 03:44:53.320 --> 03:44:57.520 supporting commercial uses so while vehicle repair does have potential 03:44:57.520 --> 03:45:00.640 nuisances that they are working to mitigate with some of these side 03:45:00.640 --> 03:45:04.560 additions it is a necessary use in a full service downtown area where you 03:45:04.560 --> 03:45:10.360 want people to be able to live and work and have all their needs met as I 03:45:10.360 --> 03:45:13.400 mentioned just a little bit of background the site has been developed 03:45:13.400 --> 03:45:17.760 and like it is currently since the 1970s as far as we could tell this use has 03:45:17.760 --> 03:45:22.600 been there for about one and a half years so there's there's no increase to 03:45:22.600 --> 03:45:25.400 the traffic or anything like that that would occur with this approval because 03:45:25.400 --> 03:45:31.000 the use has been in place for it so long we did provide notification regarding 03:45:31.000 --> 03:45:34.880 this request as of the time I had put this together I had received one 03:45:34.880 --> 03:45:38.840 opposition from this property prior to the meeting I did pass out two 03:45:38.840 --> 03:45:43.640 additional responses that we received today one is for the owner of the 03:45:43.640 --> 03:45:47.880 secondhand sports facility adjoining this who owns the entire subject property is 03:45:47.880 --> 03:45:52.760 in support of the request and then the most recent notice that was passed out 03:45:52.760 --> 03:45:56.000 is for this property here at the corner who is also in opposition to the request 03:45:56.000 --> 03:46:00.520 and that would bring the total opposition up to 12% and the applicant 03:46:00.520 --> 03:46:05.280 did not hold a neighborhood meeting in this case so staff is recommending 03:46:05.280 --> 03:46:09.480 approval with several conditions I won't read through all of those here but 03:46:09.480 --> 03:46:14.560 they're generally related to limiting the use to the what's shown on the site 03:46:14.560 --> 03:46:18.240 plan today in terms of building footprint vehicle storage areas parking 03:46:18.240 --> 03:46:21.880 and things of that nature and in addition as I mentioned the increase of 03:46:21.880 --> 03:46:25.480 that landscape buffer up the east side of the property to help screen them from 03:46:25.480 --> 03:46:31.000 there the offices next door and then no storage of inoperable vehicles on the 03:46:31.000 --> 03:46:34.840 side so I'm happy to answer any questions and I'll go through all this 03:46:34.840 --> 03:46:46.200 in a little more detail at the public hearing any questions great job next item 03:46:46.200 --> 03:46:53.240 is 3 I Sean Jacobson for this zoning case 03:46:53.240 --> 03:47:07.520 good evening chair members of the Commission the case before you is a 03:47:07.520 --> 03:47:14.040 request for a city initiated rezoning of the 15 properties that make up the 03:47:14.040 --> 03:47:19.960 Denton Service Center note there along mingo Road the challenge we've identified 03:47:19.960 --> 03:47:24.840 is we have 15 properties in three different zoning districts that make up 03:47:24.840 --> 03:47:29.440 the service center two of which do not even allow the use that is currently on 03:47:29.440 --> 03:47:34.080 the site and our hope is to accomplish a number of things through rezoning this 03:47:34.080 --> 03:47:39.720 first of all under a DCG zoning district the community service use would be 03:47:39.720 --> 03:47:45.320 allowed on all 15 tracks we would bring all those properties under one United 03:47:45.320 --> 03:47:50.520 Zoning District instead of three you there would be the option to then 03:47:50.520 --> 03:47:55.440 replat that into one property instead of the 15 that it is currently and it would 03:47:55.440 --> 03:48:00.800 also allow with the dimensional standards higher lot coverage the 03:48:00.800 --> 03:48:06.880 necessary sorry parking area repairs as well as the expansion of the fleet 03:48:06.880 --> 03:48:14.200 services facility both of which are badly needed on the site so again when 03:48:14.200 --> 03:48:18.480 we're looking at a rezoning we continue consider our two key criteria future 03:48:18.480 --> 03:48:24.000 land use map and then that we have the adequate public services the intended 03:48:24.000 --> 03:48:28.920 use for this is government and institutional and we believe this meets 03:48:28.920 --> 03:48:33.280 the use because this site provides exactly as future land use calls for 03:48:33.280 --> 03:48:39.520 shared and efficient provision of public services and DCG the zoning proposed 03:48:39.520 --> 03:48:43.960 would allow the continued use on site and therefore it is in line with the 03:48:43.960 --> 03:48:49.960 future land uses intention for this area in addition for criteria to water sewer 03:48:49.960 --> 03:48:54.880 have been in place for many years and there's no expected major increase in 03:48:54.880 --> 03:48:59.800 trips generated eventually there will be a few more vehicles added on site but 03:48:59.800 --> 03:49:03.040 they're not even expecting to do that right away the new building is just to 03:49:03.040 --> 03:49:08.000 meet the capacity they already have compatibility of zoning for the area 03:49:08.000 --> 03:49:12.360 this is actually a continuation of the DCG zoning that begins slightly to the 03:49:12.360 --> 03:49:19.480 south along mingo and this would permit the use that is on site we did send out 03:49:19.480 --> 03:49:25.440 public notices and courtesy notices we received three responses in opposition 03:49:25.440 --> 03:49:32.440 to in favor we did hold a neighborhood meeting to which no one came and we also 03:49:32.440 --> 03:49:38.120 did post 13 signs around the perimeter of the site staff is recommending 03:49:38.120 --> 03:49:42.680 approval of the request as it meets the criteria in the Denton Development Code 03:49:42.680 --> 03:49:46.760 with that I'll answer any questions you have great time another presentation 03:49:46.760 --> 03:49:52.000 Mr. Smith how did the city start you start doing use in an area they weren't 03:49:52.000 --> 03:49:56.800 zoned to be doing you said in the first place my understanding is that the city 03:49:56.800 --> 03:50:02.920 has the option to do what it needs to do in the areas where it needs to be done 03:50:02.920 --> 03:50:07.240 and in this case we're simply choosing we're saying you know what it's better 03:50:07.240 --> 03:50:11.160 that we follow our own rules that's just the right thing to do you say the city 03:50:11.160 --> 03:50:15.200 gets to choose whether or not wants to play by the rules or not that was a 03:50:15.200 --> 03:50:21.040 misstatement withdraw that from the record Richard we are going to do 03:50:21.040 --> 03:50:25.020 anything that's required of any public or I'm sorry private property we're no 03:50:25.020 --> 03:50:28.560 different and so we want to ensure that whatever we're going to do we're going 03:50:28.560 --> 03:50:32.040 to have the consistent zoning I don't know for sure what the zoning was on the 03:50:32.040 --> 03:50:37.280 site before but I think that you see even in the citywide rezoning that 03:50:37.280 --> 03:50:46.760 happened in 2002 how did that not get swept up in that no clue okay I might be 03:50:46.760 --> 03:50:50.680 just kicking kicking rocks around for the Kega K rocks around but just think 03:50:50.680 --> 03:50:55.320 if we want developers to come in here and what not and compose projects and 03:50:55.320 --> 03:50:58.920 you know say well cities holding us to a higher code this is a pretty good 03:50:58.920 --> 03:51:02.400 example what time when say didn't hold itself to a higher code here and so I 03:51:02.400 --> 03:51:07.320 want to make sure that it's just some clarification and I might like to speak 03:51:07.320 --> 03:51:11.600 to that that actually we are holding the city to you're gonna get a code so 03:51:11.600 --> 03:51:17.840 absolutely facilities requested there they intend on adding bays to the 03:51:17.840 --> 03:51:22.480 existing fleet services building its interior to the property but we 03:51:22.480 --> 03:51:26.240 identified the problem so those sins of the past we're trying to rectify and say 03:51:26.240 --> 03:51:30.080 well if you choose to redevelop then you have to follow the code like everybody 03:51:30.080 --> 03:51:33.560 else okay I will tell you that city management's philosophy is is that we're 03:51:33.560 --> 03:51:36.560 going to be held equal to or to a greater standard than what the code 03:51:36.560 --> 03:51:41.200 speaks to so with this development they intend on doing parking lot improvements 03:51:41.200 --> 03:51:48.320 as well as improving the landscape and buffering on the property okay good sir 03:51:48.320 --> 03:51:56.280 back thank you chair just so the purpose of changing this zoning to one DCG is 03:51:56.280 --> 03:52:03.200 not with plans to build something there at this point it's for consideration in 03:52:03.200 --> 03:52:08.280 the future the only intended building at this time is the expansion within the 03:52:08.280 --> 03:52:11.840 actual footprint currently at the site of that fleet services building about 03:52:11.840 --> 03:52:16.680 16,000 square feet look same height as what's there okay there's nothing on 03:52:16.680 --> 03:52:19.520 paper anywhere about any okay great thank you 03:52:19.520 --> 03:52:25.120 push for Sanchez Scott you mentioned something about the buffering is that 03:52:25.120 --> 03:52:31.620 once it gets rezoned is that something that that would be looked at it within a 03:52:31.620 --> 03:52:34.920 certain amount of time because what when you drive by there I mean the neighbors 03:52:34.920 --> 03:52:39.040 have to face it and it's a lot of it doesn't look very neighborly it doesn't 03:52:39.040 --> 03:52:44.360 look very nice it doesn't it kind of brings a neighborhood down unless they 03:52:44.360 --> 03:52:49.440 start fixing the boundaries and doing something to to the neighborhood to that 03:52:49.440 --> 03:52:52.360 area so that that rest of the neighborhood can probably look a little 03:52:52.360 --> 03:52:59.400 bit better so my my question is how soon would any kind of buffering be done once 03:52:59.400 --> 03:53:07.200 this thing gets changed first of all going forward the intent would be to 03:53:07.200 --> 03:53:11.200 follow as Scott said all the standards within the development code in terms of 03:53:11.200 --> 03:53:15.960 putting in buffering with all new work as it's called for at this time I don't 03:53:15.960 --> 03:53:20.040 believe their plans to immediately with the rezoning put in any additional 03:53:20.040 --> 03:53:24.420 buffering but going forward any new project would be looking at that as the 03:53:24.420 --> 03:53:31.000 development code calls for I know that the city's intent is is the first phase 03:53:31.000 --> 03:53:35.000 of this would be to address that the bays so the bays are interior to the 03:53:35.000 --> 03:53:39.760 property no one's gonna see or really even know the difference that they're 03:53:39.760 --> 03:53:45.280 adding those on however with that being said there's also intent to repair the 03:53:45.280 --> 03:53:49.240 parking lot it's it's I don't know if you've ever been on that property it's 03:53:49.240 --> 03:53:54.760 it's a mess so we have every intention of putting a plan together I think 03:53:54.760 --> 03:53:59.560 they're trying to craft that as we speak and with that will be that buffering so 03:53:59.560 --> 03:54:04.400 I can certainly attempt to find a date to say if we have a timeline of when we 03:54:04.400 --> 03:54:07.680 think we're gonna do some of that buffering but I know that our intent is 03:54:07.680 --> 03:54:13.240 to do that I think we've talked about sometimes when we do rezoning one of the 03:54:13.240 --> 03:54:19.160 requests or one of the things we require is for them to do certain things and you 03:54:19.160 --> 03:54:24.400 know that's to me that should be a a no-brainer is because those neighbors 03:54:24.400 --> 03:54:29.080 have to look at all that old some of his old equipment big equipment sitting 03:54:29.080 --> 03:54:33.880 right next to him and it really doesn't it doesn't do justice I mean not that 03:54:33.880 --> 03:54:39.280 that's I'm not saying it's it's not one of the best neighborhoods but again it 03:54:39.280 --> 03:54:43.720 you have to if you start somewhere and maybe if the city fixes their problems 03:54:43.720 --> 03:54:46.920 maybe the neighborhood will take a little bit more pride in their own 03:54:46.920 --> 03:54:51.280 neighborhood we treat it as residential is a residential neighborhood and we 03:54:51.280 --> 03:54:53.760 want to be good stewards in the community so we have every intent of 03:54:53.760 --> 03:54:57.960 doing the right thing that's why this is coming forward rather than what has 03:54:57.960 --> 03:55:02.560 happened in the past in the recent past of truly just permitting the work the 03:55:02.560 --> 03:55:06.480 work being performed so we're trying to we're trying to do what it is that we're 03:55:06.480 --> 03:55:09.640 we're holding others to be accountable for so we have every intention of doing 03:55:09.640 --> 03:55:14.760 the right thing I'll work to get you a date Richard you know the only thing I 03:55:14.760 --> 03:55:19.120 wanted to add is this is really the first step the second step is really to 03:55:19.120 --> 03:55:23.560 have this property replatted there's a multiple you know as Sean alluded to 03:55:23.560 --> 03:55:27.360 there's multiple parcels out there but we can't plait that into one because it 03:55:27.360 --> 03:55:30.600 it's not consistent with the zoning so we need to have the zoning before we can 03:55:30.600 --> 03:55:34.280 get to the to the plating stage Commissioner Pernetta and we'll probably 03:55:34.280 --> 03:55:39.280 go into this more in the you know in public hearings but to your point I mean 03:55:39.280 --> 03:55:43.400 actually I guess this would be a question for you guys would the approval 03:55:43.400 --> 03:55:48.080 on this could this be based on an amendment to actually ensure you know 03:55:48.080 --> 03:55:53.240 standard beautification along this to you know to the area that faces the 03:55:53.240 --> 03:55:57.440 neighborhood so that way we can kind of discuss or address the neighborhood's 03:55:57.440 --> 03:56:04.400 concerns about how it affects the look of their neighborhood or would that be 03:56:04.400 --> 03:56:12.320 something we do at a later date I guess it's would it be like it's an overlay 03:56:12.320 --> 03:56:16.000 overlay I don't want to call it a restriction but an overlay requirement 03:56:16.000 --> 03:56:23.200 that the that the landscape be put in if I'm understanding yeah that was the 03:56:23.200 --> 03:56:26.560 question would that be something we could address as part of this vote or 03:56:26.560 --> 03:56:31.000 would that be a later thing that we have to do it would it would be required I've 03:56:31.000 --> 03:56:34.600 got to look at the the applicability table but if you increase I think the 03:56:34.600 --> 03:56:40.160 expansion applicability table if you increase a thousand square feet or I 03:56:40.160 --> 03:56:44.240 don't remember the percentage it kicks in a number of kicks in a number of 03:56:44.240 --> 03:56:47.560 requirements one of those are the landscape requirements I just can't 03:56:47.560 --> 03:56:53.600 recall and it would be it's a 16,000 square foot expansion I mean within the 03:56:53.600 --> 03:56:58.480 footprint but that might we can look at it before we get the public hearing I 03:56:58.480 --> 03:57:02.360 think that can where we have to just watch is because there's so many parcels 03:57:02.360 --> 03:57:06.320 so it would be applicable to that parcel but but we can look at whether we 03:57:06.320 --> 03:57:13.160 can get that to apply across the property any other questions we can 03:57:13.160 --> 03:57:18.640 certainly flush this out more in public hearing thank you for the presentation 03:57:18.640 --> 03:57:30.960 next up is item 3 J rezoning by Ron and Guitta job chair you got my last name 03:57:30.960 --> 03:57:38.120 correct I'll stress not about that else well I'm gonna try to be as brief as I 03:57:38.120 --> 03:57:46.520 can this is a rezoning for a property north of Robertson Street just east of 03:57:46.520 --> 03:57:53.800 Skinner Road it's for a zoning to go from NR for to NRM you the applicant has 03:57:53.800 --> 03:58:00.920 stated that the purpose is to use the home or the structure at 511 as a 03:58:00.920 --> 03:58:06.680 restaurant it is currently a non-residential use it is used as a 03:58:06.680 --> 03:58:12.800 catering establishment which is different from a restaurant so the 03:58:12.800 --> 03:58:19.920 current zoning is NR for that was established in 2002 but prior to that it 03:58:19.920 --> 03:58:30.520 was zone SF 7 both SF 7 and NR for does not permit restaurants the applicant is 03:58:30.520 --> 03:58:37.400 seeking a zoning of NRM you NRM you does permit restaurants with a limitation 03:58:37.400 --> 03:58:47.440 that it'd be no more than 4,000 square feet and not have a drive-thru use just 03:58:47.440 --> 03:58:53.720 just want to explain that part of our analysis was looking at the den code 03:58:53.720 --> 03:58:58.320 update and zoning map draft zoning map and we see that this area could 03:58:58.320 --> 03:59:04.660 potentially be served as a focus area it's currently in the area there's 03:59:04.660 --> 03:59:09.960 currently NRM you on Skinner Street and then just to the south of the subject 03:59:09.960 --> 03:59:14.680 property is the Fred Moore High School again a non-residential use so looking 03:59:14.680 --> 03:59:19.920 at this area this could potentially be a focus area on a neighborhood servicing 03:59:19.920 --> 03:59:27.800 type area for the residents of the southeast den area here's an aerial of 03:59:27.800 --> 03:59:32.640 this site and again I mentioned some of the existing zoning but there are 03:59:32.640 --> 03:59:37.720 existing non-residential uses in the area the church to the west railroad to 03:59:37.720 --> 03:59:42.720 the east Fred Moore to the south and the drainage channel to the north and some 03:59:42.720 --> 03:59:49.240 underutilized properties within the area something to consider and you've you've 03:59:49.240 --> 03:59:53.560 heard this two requirements already that does it conform with the future land use 03:59:53.560 --> 03:59:59.200 a map but generally the the land use element it is in our future lanes map as 03:59:59.200 --> 04:00:04.880 a low density residential however there is provisions in the den plan 2030 that 04:00:04.880 --> 04:00:09.560 talks about promoting walkability increasing other mixed uses in the area 04:00:09.560 --> 04:00:15.560 so we looked into this as well as the other criteria and that is does the 04:00:15.560 --> 04:00:22.320 proposed rezoning could that facilitate infrastructure and services and it will 04:00:22.320 --> 04:00:28.040 I'll cover this more in my presentation at the public hearing notice this were 04:00:28.040 --> 04:00:34.480 sent out as of today no response was received just some photos of the site 04:00:34.480 --> 04:00:40.640 itself you can see that the home here is the requested structure that the 04:00:40.640 --> 04:00:45.880 applicant is wanting to do have a restaurant use staff is wrecking 04:00:45.880 --> 04:00:49.640 recommending approval of the zoning change requests and I'll be happy to 04:00:49.640 --> 04:00:56.800 stand for any questions any questions on this item fantastic great job Ron thank 04:00:56.800 --> 04:01:02.080 you before moving on decay I would like to invite Scott McDonald back out to 04:01:02.080 --> 04:01:08.080 address a landscaping clarification on the previous items the 1827 be yes just 04:01:08.080 --> 04:01:11.520 for clarity as far as being able to commit to what it is that we're doing 04:01:11.520 --> 04:01:15.720 in kind of a time frame that we're doing and of course it's not exact as of yet 04:01:15.720 --> 04:01:20.040 the first phase of this would be that we'd take care of the the fleet base so 04:01:20.040 --> 04:01:23.480 we would do any vertical construction prior to do anything with the parking 04:01:23.480 --> 04:01:27.360 lots the next phase and that would be taking care of the parking lots with the 04:01:27.360 --> 04:01:31.080 parking lots we would be doing all of the the buffering and landscaping around 04:01:31.080 --> 04:01:35.040 those parking lots so I make that commitment to the fact that we already 04:01:35.040 --> 04:01:40.600 have we intend to even in those areas where we're not necessarily required to 04:01:40.600 --> 04:01:43.280 that we're going to take care of the buffering all around that parking lot so 04:01:43.280 --> 04:01:48.360 where it is that we might be taking about or talking about having to address 04:01:48.360 --> 04:01:52.720 those requirements because we're the one of the particular areas that we're 04:01:52.720 --> 04:01:57.520 rezoning we're committing to taking care of that in the entirety of the site 04:01:57.520 --> 04:02:02.040 because we'll be doing parking lots on both north south east and west basically 04:02:02.040 --> 04:02:07.480 if that makes sense so rather than rather than creating another overlay for 04:02:07.480 --> 04:02:10.920 the for the city or for the zoning map to contend with if we can just address 04:02:10.920 --> 04:02:16.960 the fact that that will be required by the the code itself with the parking 04:02:16.960 --> 04:02:20.960 lots and we intend to do the parking lots and anticipate that will be in 2020 04:02:20.960 --> 04:02:25.160 so that construction for the vertical buildings would be in 2019 and then we'd 04:02:25.160 --> 04:02:29.120 commence into the parking lots which really would be 2020 so it'll be 04:02:29.120 --> 04:02:38.520 addressed so all those projects are planning and zoning or they just so that 04:02:38.520 --> 04:02:47.800 who's gonna over oversee that there's all that that the staff so as far as for 04:02:47.800 --> 04:02:52.240 the approvals because it wouldn't come before this body on either of those so 04:02:52.240 --> 04:02:56.200 it's just the typical permitting process where we require those things to occur 04:02:56.200 --> 04:03:00.160 so if they if for some reason that wasn't the case and again why we're here 04:03:00.160 --> 04:03:05.360 today is because we've already told those in in in the city that were 04:03:05.360 --> 04:03:09.600 wanting to do this work that they had to comply with a code so we're here for the 04:03:09.600 --> 04:03:13.120 very reason somebody asked to do something we said that you need to do 04:03:13.120 --> 04:03:16.400 that the second piece to that when they apply for their building permit and 04:03:16.400 --> 04:03:19.720 construction permits for the vertical buildings as well as for the parking 04:03:19.720 --> 04:03:23.480 lots then we'll make sure that they comply with the code again city 04:03:23.480 --> 04:03:26.880 management's direction is is that we're gonna do everything possible that we we 04:03:26.880 --> 04:03:29.600 set the example for the rest of the community no different than what we did 04:03:29.600 --> 04:03:37.600 on the McKinney Street parking lot thank you clarification thank you that moves 04:03:37.600 --> 04:03:46.760 us to item 3k it's SUP presented by Sean Jacobson and for the sake of time so we 04:03:46.760 --> 04:03:52.480 can do public session if there's no disagreement from the Commission can I 04:03:52.480 --> 04:03:55.840 ask Sean to skip to recommendation and questions 04:03:55.840 --> 04:03:59.000 yes sir and we'll save the full presentation for public hearing does 04:03:59.000 --> 04:04:03.520 anything can everyone okay with that absolutely do you want me to even open 04:04:03.520 --> 04:04:08.480 the present PowerPoint yeah if you could just show us the recommendations from the 04:04:08.480 --> 04:04:19.200 city and yep so the recommendation is for approval this is a request for a 04:04:19.200 --> 04:04:23.480 specific use permit for a accessory dwelling unit which will be used as a 04:04:23.480 --> 04:04:27.280 cabana behind a residence the neighborhood had a meeting they've 04:04:27.280 --> 04:04:30.400 expressed overwhelming support I had one person say this will enhance our 04:04:30.400 --> 04:04:35.800 neighborhood meets all the criteria we recommend approval great is there any 04:04:35.800 --> 04:04:46.040 questions so a building next to a pool where you can have sleeping eating 04:04:46.040 --> 04:04:48.640 cooking 04:04:48.640 --> 04:04:58.280 any other questions on this item okay thank you very much Sean for keeping that 04:04:58.280 --> 04:05:02.760 brief so with that we are gonna close our work session at 628 will reconvene 04:05:02.760 --> 04:05:10.680 in council chambers at 635 good evening ladies and gentlemen and welcome to the 04:05:10.680 --> 04:05:15.800 planning and zoning public hearing for February 20th I will call us meeting to 04:05:15.800 --> 04:05:20.560 order at 641 seeing that we have a quorum I appreciate your patience and 04:05:20.560 --> 04:05:23.520 getting us started this evening we'll try to get right into it I just wanted 04:05:23.520 --> 04:05:27.040 to clarify before he hopped into the agenda that there are some changes if 04:05:27.040 --> 04:05:35.120 you are here for some items I wanted to clarify that item 3a which is z 18 - 8b 04:05:35.120 --> 04:05:45.320 has been withdrawn item 3b s 18 - 5b is being postponed to the March 6th meeting 04:05:45.320 --> 04:05:56.320 and item 3c z 18 24b has been withdrawn and will not be heard so item 3a 3b and 04:05:56.320 --> 04:06:03.800 3c we will not be hearing this evening or discussing with that our first item of 04:06:03.800 --> 04:06:07.400 business is to stand if able and provide a pledge allegiance to the US and Texas 04:06:07.400 --> 04:06:09.600 flag 04:06:26.560 --> 04:06:48.200 The next item of business will begin our individual consideration items 2a 80p 04:06:48.200 --> 04:06:54.440 18 - 0008 and I will call Julie Wyatt for presentation 04:06:56.320 --> 04:07:05.360 good evening I'm Julie Wyatt senior planner with the city of Denton and I am 04:07:05.360 --> 04:07:11.520 presenting 80p 18 - you this evening so the request before you is an alternative 04:07:11.520 --> 04:07:17.480 development plan for a proposed office development on about 3.4 acres the 04:07:17.480 --> 04:07:21.240 purpose of the alternative development plan is to deviate from site design 04:07:21.240 --> 04:07:25.520 requirements for non-residential and mixed-use buildings in a pedestrian 04:07:25.520 --> 04:07:30.560 oriented district in subchapter 13 of the Denton development code the subject 04:07:30.560 --> 04:07:35.360 property is shown outlined here in yellow and it's located on the northwest 04:07:35.360 --> 04:07:41.360 corner of Teasley Lane and Lillian Miller Parkway some background on the 04:07:41.360 --> 04:07:47.760 site the existing zoning was approved in 2006 and within that zoning case there 04:07:47.760 --> 04:07:51.920 were overlay conditions put on the property those are outlined more fully 04:07:51.920 --> 04:07:56.720 in your backup but just want to hit the high notes it did limit to limit the 04:07:56.720 --> 04:08:00.760 uses to professional services and offices administrative or research 04:08:00.760 --> 04:08:04.760 facilities and medical centers any development on this side has to be 04:08:04.760 --> 04:08:08.720 single-story construction and it has to be either equal to or less than nine 04:08:08.720 --> 04:08:14.120 thousand square feet per building 80% minimum masonry requirements on the 04:08:14.120 --> 04:08:19.760 exterior pedestrian scale lighting and then as part of it also a landscape 30 04:08:19.760 --> 04:08:23.320 foot buffer on the north and west property lines these were intended to 04:08:23.320 --> 04:08:27.800 increase compatibility with the adjacent residential development the purpose of 04:08:27.800 --> 04:08:35.080 NRM you is is to provide services and higher density housing but but as at a 04:08:35.080 --> 04:08:40.160 pedestrian scale and to encourage walkable environments in context so and 04:08:40.160 --> 04:08:44.680 that's why they have within the Denton development code additional site design 04:08:44.680 --> 04:08:51.120 guidelines for those pedestrian-oriented districts like NRM you so within sub 04:08:51.120 --> 04:08:55.520 chapter 13 as I said it has some other site design requirements and due to the 04:08:55.520 --> 04:08:58.960 the some of the site constraints that were put on the property with that 04:08:58.960 --> 04:09:03.120 overlay conditions and in particular the 30 foot buffer and also the limitation 04:09:03.120 --> 04:09:06.880 on the building size it's made it difficult for the applicant to meet 04:09:06.880 --> 04:09:11.120 those right requirements so the first one being the ground floor wall within 30 04:09:11.120 --> 04:09:16.480 feet of the street shall contain greater shall have more than 50% of that wall 04:09:16.480 --> 04:09:23.000 area in display areas windows or doorways because these uses are our 04:09:23.000 --> 04:09:27.960 office or medical office and not some retail or restaurant use that that 04:09:27.960 --> 04:09:32.120 amount of transparency isn't really something you typically see in those 04:09:32.120 --> 04:09:38.600 offices so the applicant is requesting to have 20 26% windows and doors in 04:09:38.600 --> 04:09:44.480 building 2 and then building 3 that 28% another requirement is at least 60% of 04:09:44.480 --> 04:09:47.240 the street frontage shall have buildings within 10 feet of the front property 04:09:47.240 --> 04:09:51.800 line unfortunately they can't achieve that in this location the property is on 04:09:51.800 --> 04:09:55.920 a text dot highway and in all text out roads in the city of Denton have a public 04:09:55.920 --> 04:09:59.560 utility easement outside of the right-of-way which scoots those buildings 04:09:59.560 --> 04:10:03.400 backs back away from the street so they are proposing to put those buildings 04:10:03.400 --> 04:10:09.880 adjacent to that 25 foot easement right there adjacent to that so it'll be 25 04:10:09.880 --> 04:10:14.640 feet from that property line developments must have a minimum floor-to-area ratio 04:10:14.640 --> 04:10:19.800 of four tenths they are proposing three tenths floor-to-area ratio with that 04:10:19.800 --> 04:10:23.920 easement the limited building size and that buffer it really is difficult for 04:10:23.920 --> 04:10:28.280 them to meet that four tenths buildings cannot be set back more than 15 feet 04:10:28.280 --> 04:10:32.600 from the street unless it's used for pedestrian activities once again with 04:10:32.600 --> 04:10:36.120 that easement there's a problem there they just can't scoot it up into that 04:10:36.120 --> 04:10:43.880 easement and then NRMU requires 40% tree canopy they are meeting the overall tree 04:10:43.880 --> 04:10:50.320 canopy on the side where the where the the issue comes in is in subchapter 13 04:10:50.320 --> 04:10:56.760 the trees that are planted as part of the buffer only 40% of those trees can 04:10:56.760 --> 04:11:01.240 count toward the overall canopy because they are required to have such a large 04:11:01.240 --> 04:11:06.200 buffer that 30-foot buffer makes it difficult to meet that overall canopy 04:11:06.200 --> 04:11:10.120 netting out essentially 60% of the trees within that buffer so they're 04:11:10.120 --> 04:11:16.720 requesting a deviation from that so we'll go over the site plan there is an 04:11:16.720 --> 04:11:21.080 existing building here at the corner with parking associated with it in the 04:11:21.080 --> 04:11:26.560 dumpster is also existing as well in the green we've got that 30-foot buffer 04:11:26.560 --> 04:11:30.600 there to the north and west the blue are the are the three buildings that they're 04:11:30.600 --> 04:11:35.400 proposing there are 9,000 square feet and under they're also proposing bike 04:11:35.400 --> 04:11:42.440 racks eight bicycle parking lot spaces here outlined in in red and then they're 04:11:42.440 --> 04:11:47.800 also proposing some pedestrian facilities to to alert drivers to the 04:11:47.800 --> 04:11:51.960 presence of pedestrians and that is in in the form of pattern and colored 04:11:51.960 --> 04:11:56.640 concrete here at this driveway intersection and then also within the 04:11:56.640 --> 04:12:00.720 side as well it's to meet that pedestrian oriented that the intent of 04:12:00.720 --> 04:12:06.880 those site design requirements it's not a part of the ADP but but the applicant 04:12:06.880 --> 04:12:11.160 did have a neighborhood meeting and at that meeting a lot of drainage was 04:12:11.160 --> 04:12:15.520 discussed there's a lot of drainage issues that go to these these 04:12:15.520 --> 04:12:22.640 residential dwellings right right in this location so so there there are two 04:12:22.640 --> 04:12:27.120 two ways that the drainage is being attacked in this in this instance first 04:12:27.120 --> 04:12:30.800 the private improvements they are proposing to grade that parking lot 04:12:30.800 --> 04:12:36.880 lower than that landscape buffer to to divert the water toward and some 04:12:36.880 --> 04:12:42.960 underground detention in this location and then it would be it would be released 04:12:42.960 --> 04:12:48.240 onto the right-of-way onto Teasley and then also there is as part of the private 04:12:48.240 --> 04:12:52.160 improvements there is a retaining wall proposed here between the parking area 04:12:52.160 --> 04:12:56.720 and that landscape buffer to once again keep the keep the water from the parking 04:12:56.720 --> 04:13:01.000 lot from going into that buffer and the adjacent properties and then the city 04:13:01.000 --> 04:13:05.300 is also looking at some drainage improvements a flume in this location to 04:13:05.300 --> 04:13:09.480 direct the water that's coming in from this buffer towards easily and away from 04:13:09.480 --> 04:13:15.680 those residential properties and they also proposed a landscape plan you can 04:13:15.680 --> 04:13:19.760 see here in this green area that is that landscape buffer it includes a 04:13:19.760 --> 04:13:23.080 combination of planted as well as preserved trees and that's already in 04:13:23.080 --> 04:13:28.880 place what's not in place is this this green area and those are foundation 04:13:28.880 --> 04:13:32.480 plantings that they're proposing between the right-of-way and the buildings to 04:13:32.480 --> 04:13:37.340 kind of activate that sidewalk to kind of add additional interest and visual 04:13:37.340 --> 04:13:40.220 interest for pedestrians and to really meet the intent of the pedestrian 04:13:40.220 --> 04:13:46.280 oriented district as I said there is a mature canopy that will meet the code 04:13:46.280 --> 04:13:51.120 requirements and based upon their plantings and the preservation in excess 04:13:51.120 --> 04:13:56.860 of the minimum they would have at maturity a tree canopy of about 67,000 04:13:56.860 --> 04:14:01.800 square feet we did talk and work session about the trees plant those street trees 04:14:01.800 --> 04:14:05.760 planted particularly in this location due to the sensitivity of the the 04:14:05.760 --> 04:14:09.560 pedestrians there's a lot of school children that walk in this location we 04:14:09.560 --> 04:14:14.000 check the code based upon you based upon the concerns and those street trees do 04:14:14.000 --> 04:14:18.580 have to be set back a minimum of five feet from driveways these do meet that 04:14:18.580 --> 04:14:23.600 requirement if you can kind of use those parking spaces as a as a guide the 04:14:23.600 --> 04:14:28.520 parking spaces are 18 feet deep so so they're probably about 25 feet those 04:14:28.520 --> 04:14:32.320 street trees from that that intersection in order to give those drivers the 04:14:32.320 --> 04:14:39.200 visibility that they need and then we also talked about it in work session 04:14:39.200 --> 04:14:46.000 about let ambulances we don't have any specific requirements for ambulance 04:14:46.000 --> 04:14:53.160 location or driveways but they will have to meet all all access requirements for 04:14:53.160 --> 04:14:57.040 fire for emergency vehicles so that that won't change they still will have to 04:14:57.040 --> 04:15:01.680 meet that emergency vehicle requirement I'm here they're proposed elevations 04:15:01.680 --> 04:15:04.800 sorry they don't look that great they didn't reproduce well but they are 04:15:04.800 --> 04:15:08.760 proposing that 100% masonry with a residential character that's part of 04:15:08.760 --> 04:15:13.040 that ordinance with the pitched roofs four-sided architecture within the 04:15:13.040 --> 04:15:17.760 development also adjacent to Teasley in order to provide visual interest for any 04:15:17.760 --> 04:15:24.400 pedestrians to add their adding awnings and wall sconces on those those front 04:15:24.400 --> 04:15:28.860 elevations criteria for approval or in step chapter 13 of the didn't development 04:15:28.860 --> 04:15:33.240 code first is it preserve existing neighborhoods the proposed design and 04:15:33.240 --> 04:15:36.720 uses are compatible with those adjacent neighborhoods they provide those 04:15:36.720 --> 04:15:41.400 necessary services but they are limited based upon that overlay they are 04:15:41.400 --> 04:15:44.760 proposing pedestrian and bicycle facilities in order to meet the intent 04:15:44.760 --> 04:15:49.600 of that pedestrian oriented design element the drainage improvements both 04:15:49.600 --> 04:15:55.560 in the public and private side will are intended to help those adjacent property 04:15:55.560 --> 04:16:00.280 owners and then they also held a neighborhood meeting should the second 04:16:00.280 --> 04:16:03.680 criteria is to sure quality development the request is not to lower the design 04:16:03.680 --> 04:16:07.220 standards but to facilitate full development on the site and actually the 04:16:07.220 --> 04:16:10.920 overlay conditions in their proposal actually exceed the code requirements in 04:16:10.920 --> 04:16:14.840 terms of things like foundation plantings masonry requirements residential 04:16:14.840 --> 04:16:20.520 design standards focus new development to activity centers this is this is kind 04:16:20.520 --> 04:16:24.680 of a developed area this is a one corner that hasn't been developed in an area 04:16:24.680 --> 04:16:28.880 that has a lot of a lot of neighborhoods and so this would expand that existing 04:16:28.880 --> 04:16:34.880 development wouldn't contribute to additional sprawl is the infrastructure 04:16:34.880 --> 04:16:38.680 adequate to accommodate the development there are Teasley and Lillian Miller are 04:16:38.680 --> 04:16:42.280 there and so there is adequate transportation once again that city 04:16:42.280 --> 04:16:47.160 drainage component is something that will help help the the adjacent property 04:16:47.160 --> 04:16:50.920 owners and then finally does that result in a high quality development meeting 04:16:50.920 --> 04:16:55.120 the intent of the standards the overlay conditions were put in place to increase 04:16:55.120 --> 04:16:58.800 the harmony with those adjacent neighborhoods but it does it did introduce 04:16:58.800 --> 04:17:03.480 design challenges particularly with the the building size and that increased 04:17:03.480 --> 04:17:08.320 buffer in addition to that easement along the roadway so the applicant has 04:17:08.320 --> 04:17:12.200 proposed alternative elements to meet the intent of the pedestrian oriented 04:17:12.200 --> 04:17:16.080 site design standards and that's the masonry the bike parking those 04:17:16.080 --> 04:17:20.480 plantings around the buildings those pedestrian interventions and as well as 04:17:20.480 --> 04:17:24.600 the overall tree canopy so based upon the criteria staff does recommend 04:17:24.600 --> 04:17:28.040 approval of the request I'll stand for any questions and the applicant is also 04:17:28.040 --> 04:17:33.440 here thank you Julie for the presentation I do not see any questions 04:17:33.440 --> 04:17:37.160 at this time this is not a public hearing but we do invite individuals 04:17:37.160 --> 04:17:40.440 wishing to speak to do so we just ask that you would fill out one of these 04:17:40.440 --> 04:17:45.280 blue cards after you speak if possible we do have a couple cards of individuals 04:17:45.280 --> 04:17:48.240 who are wishing to speak so I'll just call them out and the order I receive 04:17:48.240 --> 04:17:53.640 them the first one is SL Montse Montgomery if you could please come to 04:17:53.640 --> 04:17:59.720 the mic take your time and then when you do get to the mic if you just say your 04:17:59.720 --> 04:18:03.760 name and address for the record we'd appreciate it and you'd have three 04:18:03.760 --> 04:18:09.380 minutes to speak my name is SL Montgomery I reside at 1117 Ellison 04:18:09.380 --> 04:18:19.200 Park Circle I'm concerned with Adam J the drainage and this original 04:18:24.400 --> 04:18:31.480 section two Adam J said the applicant will provide detention ponds on the 04:18:31.480 --> 04:18:38.400 side as site as needed we need them now I've had my house flooded once in May 04:18:38.400 --> 04:18:51.480 of 2015 and almost again in 2017 had not the city place sandbags there I probably 04:18:51.480 --> 04:18:59.480 would have had it flooded last year I think the the applicant need to do care 04:18:59.480 --> 04:19:03.880 care of the existing runoff right now not after all of these buildings are 04:19:03.880 --> 04:19:13.360 built but let's take care of the water system problems now thank you very much 04:19:13.360 --> 04:19:20.800 the next card I have is Charles Parker and if you could just state your name and 04:19:20.800 --> 04:19:29.240 address for the record and appreciate it and you'll have three minutes as well my 04:19:29.240 --> 04:19:34.040 name is Charles Parker I live at 1524 Hunter's Ridge Circle immediately north 04:19:34.040 --> 04:19:41.840 of the of the proposed site I'm showing you here the very first section of the 04:19:41.840 --> 04:19:48.000 Denton Development Code that basically says no development will be approved in 04:19:48.000 --> 04:19:51.740 the case where there are violations of the Denton Development Code already in 04:19:51.740 --> 04:19:59.480 existence and that's the gist of my my speaking to you here first of all the 04:19:59.480 --> 04:20:05.800 emergency room is not zoned for the place where it is it is permitted as a 04:20:05.800 --> 04:20:10.360 medical office at the time the building took place there was no such designation 04:20:10.360 --> 04:20:14.960 of a medical office at this point the Denton Development Code has been 04:20:14.960 --> 04:20:20.520 updated to call that a medical clinic and it specifically defines a 04:20:20.520 --> 04:20:25.920 freestanding emergency room as a medical clinic that clearly and directly 04:20:25.920 --> 04:20:30.720 violates the Denton Development Code the Denton Development Code allows the 04:20:30.720 --> 04:20:36.060 overlay allows a doctor's office but not a 24-hour freestanding emergency medical 04:20:36.060 --> 04:20:41.880 center and we have filed that objections to that our neighborhood has but those 04:20:41.880 --> 04:20:46.680 have been turned down because we were supposed to have filed our objection 04:20:46.680 --> 04:20:51.120 within either 10 or 15 days of the initial approval which we couldn't have 04:20:51.120 --> 04:20:56.800 known about because that was not something that was publicly available we 04:20:56.800 --> 04:21:02.640 did file an application to the ZBA to fight this when when the certificate 04:21:02.640 --> 04:21:07.280 occupancy was issued we argued that that was contrary to law so that's the 04:21:07.280 --> 04:21:11.120 elephant in the room is that the existing use of this one piece of 04:21:11.120 --> 04:21:16.960 property in our neighborhood violates the code the second issue that mr. 04:21:16.960 --> 04:21:24.640 Montgomery brought up is the drainage and that is a very valid point if you 04:21:24.640 --> 04:21:28.640 look at item J of the overlay as he mentioned there was substantial earth 04:21:28.640 --> 04:21:34.160 work done when they built phase one the the freestanding emergency room if you 04:21:34.160 --> 04:21:42.800 look there was substantial earth work done and the the code J requires that 04:21:42.800 --> 04:21:46.680 the drainage be improved and it specifically says the existing drainage 04:21:46.680 --> 04:21:54.760 be improved so that's my concern about that and as mr. Montgomery mentioned you 04:21:54.760 --> 04:21:58.960 know there's the sandbags that are in place today right now that didn't have 04:21:58.960 --> 04:22:03.360 to be made until after the freestanding emergency was there so there are two 04:22:03.360 --> 04:22:13.240 large violations of code the third violation of the overlay code is will be 04:22:13.240 --> 04:22:17.200 heavily landscaped and miss Wyatt mentioned that the heavy landscaping is 04:22:17.200 --> 04:22:21.840 in place this is what it looks like today and I think if you look at the 04:22:21.840 --> 04:22:27.920 language of the landscaping requirement in the overlay code it says heavily 04:22:27.920 --> 04:22:33.320 landscaped and will include evergreen someday that will be a beautiful live oak 04:22:33.320 --> 04:22:39.120 tree I appreciate very much you bring those concerns and I'll invite staff up 04:22:39.120 --> 04:22:43.240 here in a minute to see if we can clarify some of the current structures 04:22:43.240 --> 04:22:45.880 and how they meet code what I want to do is get through the cards and we'll have 04:22:45.880 --> 04:22:51.360 city come up and we'll make sure to address those questions the best we can 04:22:51.360 --> 04:22:57.200 the other card I have for speaking I also have a card saying they didn't want 04:22:57.200 --> 04:23:00.560 to speak so I hate to push on the spot if you don't want to speak but Connie 04:23:00.560 --> 04:23:05.880 guess are you wishing to speak or not okay 04:23:05.880 --> 04:23:15.160 no not at all if you just states your name and address for the record we'd 04:23:15.160 --> 04:23:19.640 appreciate it and you have three minutes my name is Connie guess and I live at 04:23:19.640 --> 04:23:29.480 1504 hunters Ridge Circle I just wanted to speak in opposition of this one of 04:23:29.480 --> 04:23:33.200 the things that I have been concerned about as I drive by and see the orange 04:23:33.200 --> 04:23:39.520 bags over there I do I think that they are an eyesore as far as the the 04:23:39.520 --> 04:23:43.520 community is and particularly with the kids walking by I do think that they 04:23:43.520 --> 04:23:48.200 need to be there for the problem that exists there but I think that there is 04:23:48.200 --> 04:23:51.560 should be a better solution and I think that solution should have been taken 04:23:51.560 --> 04:23:58.320 care of before that they ended before while they were working on the the 04:23:58.320 --> 04:24:03.920 building the the the clinic over there that they did and I guess one of the 04:24:03.920 --> 04:24:08.300 main things that I have that I'm concerned about is the the pitch of the 04:24:08.300 --> 04:24:14.400 building I understood that there was to be a pitch and not a flat roof line 04:24:14.400 --> 04:24:20.520 there and I just wanted to know how they got away with doing the flat pitch there 04:24:20.520 --> 04:24:25.880 based on what I understood that there was going to be what she had what Julie 04:24:25.880 --> 04:24:29.000 had showed earlier that there was going to be nice pitches and everything and 04:24:29.000 --> 04:24:33.080 not a flat pitch it's what we are seeing here and it looks like that what they're 04:24:33.080 --> 04:24:36.840 proposing in their design also is going to be one of the other buildings is 04:24:36.840 --> 04:24:46.160 going to be a flat flat pitch there how was that approved how did they get along 04:24:46.160 --> 04:24:50.360 with that whenever they say that the code says that there will be not to be 04:24:50.360 --> 04:24:56.160 that but yet they built it and they got a lot they got away with it I think it's 04:24:56.160 --> 04:24:59.800 a valid point the elevations are a pitched roof are you talking about in 04:24:59.800 --> 04:25:04.520 internally like in the center of the roof there's yes the flat space yes well 04:25:04.520 --> 04:25:12.080 and it's you drive by and it's it's it's flat it's on top though right okay and 04:25:12.080 --> 04:25:16.120 it was to be flat it was to be pitched as look and looking like it's to be a 04:25:16.120 --> 04:25:20.120 house or anything else there and it's it doesn't look like that at all whenever 04:25:20.120 --> 04:25:27.000 you drive by and you look at it and also wanted to make a comment as far as it 04:25:27.000 --> 04:25:32.160 and it not it doesn't look the canopy that they're talking about as far as it 04:25:32.160 --> 04:25:37.560 being lush like Charlie had talked about it's very bare the trees and 04:25:37.560 --> 04:25:41.240 everything else over there as far as it being lush and the percentage that they 04:25:41.240 --> 04:25:46.280 were talking about if it was to be a sixty percent or canopy I think it needs 04:25:46.280 --> 04:25:50.320 to maintain a sixty percent canopy and I don't think they need to look at 04:25:50.320 --> 04:25:56.040 reducing that at all if that was a small lot and they knew that was a small lot 04:25:56.040 --> 04:25:59.920 going in there I don't think they need to try to reduce it down they need to 04:25:59.920 --> 04:26:03.520 take their their buildings that they're wanting to build and try to reduce those 04:26:03.520 --> 04:26:08.920 down with the area of the land that they have there thank you I appreciate it 04:26:08.920 --> 04:26:14.680 thank you very much the only the card I have is an individual in opposition that 04:26:14.680 --> 04:26:18.840 is wishing not to speak but I wanted to read it into record Catherine Parker at 04:26:18.840 --> 04:26:25.880 1524 Hunter Ridge Circle is in opposition to the project at this time 04:26:25.880 --> 04:26:33.080 the applicant is here is the applicant wishing to speak or hold for questions 04:26:33.080 --> 04:26:40.840 and again if you could state your name and address for the record yes please my 04:26:40.840 --> 04:26:44.840 name is Matt Craig and I'm with cumulus design I'm the civil engineer on the 04:26:44.840 --> 04:26:51.800 project I wanted to briefly discuss the water situation with the new development 04:26:51.800 --> 04:26:55.400 the initial portion of that development would be to do the underground 04:26:55.400 --> 04:27:01.380 detention because it's under the paving as well as the landscape areas it would 04:27:01.380 --> 04:27:06.280 need to be installed first just to so things can be built over the top of it 04:27:06.280 --> 04:27:11.600 and the owner is currently working with the city to address the drainage at the 04:27:11.600 --> 04:27:18.140 corner they prepared a plan for that and upon completion we were going to work 04:27:18.140 --> 04:27:24.640 with them to get that addressed as well Gary McCullough I'm the architect on the 04:27:24.640 --> 04:27:31.880 project that one image of the flat roof area is not accurate so they all are all 04:27:31.880 --> 04:27:35.520 three of the new buildings are sloped roofed all the way to the top she's 04:27:35.520 --> 04:27:39.320 right that the building one did out of a flat area that you can't see because 04:27:39.320 --> 04:27:43.520 there's mechanical equipment hidden behind that but it is a pitched roof up 04:27:43.520 --> 04:27:47.000 to hide that so that's the way it is but there are pitch roofs on all four 04:27:47.000 --> 04:27:51.520 buildings in the end all residential style and it's certainly the three that 04:27:51.520 --> 04:27:55.520 we're proposing tonight or that way yeah I think the drainage thing is it's 04:27:55.520 --> 04:27:59.400 important to know that a lot of the water that hill is further out into our 04:27:59.400 --> 04:28:04.400 site and so we're stopping all the water from running towards there happen 85% of 04:28:04.400 --> 04:28:08.200 the water that now goes to their house is going to be stopped by our little 04:28:08.200 --> 04:28:13.720 retaining wall there in our parking lot so most of the water issue is going to 04:28:13.720 --> 04:28:18.480 go away when our develop our project is developed you know that that last 30 foot 04:28:18.480 --> 04:28:23.600 buffer which is a natural buffer that we're leaving as a it's got a lot of big 04:28:23.600 --> 04:28:26.880 huge nice trees we don't really want to cut those down I don't think anybody 04:28:26.880 --> 04:28:32.960 wants us to cut those down certainly if it rains in that area in successive rain 04:28:32.960 --> 04:28:37.120 then you know that's the issue that I think the city is working on but we're 04:28:37.120 --> 04:28:39.680 not touching that area it's because we don't I mean that's really right up 04:28:39.680 --> 04:28:43.560 against their out there back fence but everything else from the 30 foot buffer 04:28:43.560 --> 04:28:48.520 over we're handling all of that water which now runs towards their house so 04:28:48.520 --> 04:28:53.960 it's really eliminating most of that potential problem so we're here for any 04:28:53.960 --> 04:28:59.440 any other questions you may have we do have a question in question back thank 04:28:59.440 --> 04:29:07.120 you chair and I'm sorry what was your name again yes Gary okay Gary are y'all 04:29:07.120 --> 04:29:12.100 the developer of record of the first building the building that's there now 04:29:12.100 --> 04:29:17.620 the 24-hour so so you know I think the overall land developer is the same guy 04:29:17.620 --> 04:29:22.060 apologize for not exactly knowing the ownership structure that's a 04:29:22.060 --> 04:29:25.480 freestanding emergency center these are our office buildings it's kind of a 04:29:25.480 --> 04:29:28.720 different project for us okay so y'all didn't have anything to do with that 04:29:28.720 --> 04:29:34.160 initial well we did we did do it but it's that that's kind of a this is a 04:29:34.160 --> 04:29:40.280 whole new deal okay were you aware of the drainage issue that well so so again 04:29:40.280 --> 04:29:43.400 when I mentioned that kind of that ridge on that property well I mean that 04:29:43.400 --> 04:29:48.520 they're saying now that it's a problem and I put sandbags up there yeah I 04:29:48.520 --> 04:29:53.760 understand that so there's a ridge down the middle of the property it's a 04:29:53.760 --> 04:29:57.680 drainage area map okay sure you're familiar with yeah that water on the 04:29:57.680 --> 04:30:02.000 east side of the property goes the other way so we didn't actually affect 04:30:02.000 --> 04:30:06.480 anything on the west side of the property okay now we're trying to I can 04:30:06.480 --> 04:30:10.480 now that you're building over there we can we've actually been meeting with city engineers 04:30:10.480 --> 04:30:15.120 since May okay on this issue to try to resolve it and I think we've you know 04:30:15.120 --> 04:30:20.560 appeased that process it's taken a while because it is a difficult issue okay and 04:30:20.560 --> 04:30:24.720 certainly understand their concern that that's not to not to not agree with them 04:30:24.720 --> 04:30:27.680 once your new development gets started you'll be taken care of yes that's 04:30:27.680 --> 04:30:35.240 correct thank you for clarification the sandbags were installed after the 04:30:35.240 --> 04:30:38.480 emergency building went in but you're saying that your project did not affect 04:30:38.480 --> 04:30:41.080 that I'm just wondering the coincidental timing of those two 04:30:41.080 --> 04:30:47.240 things I don't mean to address the particular flood issue that they had 04:30:47.240 --> 04:30:53.240 because I'm not I'm not burst on it frankly but I will say that we added no 04:30:53.240 --> 04:30:59.240 other water to that area because we're on the other side of the ridge and to 04:30:59.240 --> 04:31:04.040 some of that flooding was occurring so long ago as well before we were involved 04:31:04.040 --> 04:31:08.440 in it at all okay I think I think that you know that piece of land is kind of 04:31:08.440 --> 04:31:13.200 unique in that regard we do have one more question to Mr. Sanchez yes and I 04:31:13.200 --> 04:31:18.160 speak to one of the previous individuals that were talking about the and that was 04:31:18.160 --> 04:31:29.440 my question could yeah yeah sure one of you okay he mentioned that the flooding 04:31:29.440 --> 04:31:33.080 some of that flooding was occurring and because of the layout of that of that 04:31:33.080 --> 04:31:36.760 lot a lot of that water was already running in that area are you guys aware 04:31:36.760 --> 04:31:40.720 of that were you guys were you having that problem prior to prior to the 04:31:40.720 --> 04:31:48.040 construction of that building absolutely I believe the issue dated back and was 04:31:48.040 --> 04:31:53.460 addressed when the zoning overlay was passed back in 2006 because if you look 04:31:53.460 --> 04:31:59.200 at the goat the zoning overlay in 2006 it required whoever developed that to 04:31:59.200 --> 04:32:04.480 address existing flooding and that's why I argue that it applied to the first 04:32:04.480 --> 04:32:08.200 building that's already been built and has not been addressed and should not 04:32:08.200 --> 04:32:12.520 necessarily apply to future promises when we build the rest of it it's fairly 04:32:12.520 --> 04:32:17.480 easy to do detention ponds before you build that out and I think if you look 04:32:17.480 --> 04:32:22.040 at the photograph that I showed you the Google Earth photo there was extensive 04:32:22.040 --> 04:32:27.600 re-leveling and changes done to the the flow of the property I don't disagree 04:32:27.600 --> 04:32:32.360 with the architect when he says that they didn't affect that drainage but the 04:32:32.360 --> 04:32:42.880 code says existing drainage okay thank you so at this time can I ask Julie I 04:32:42.880 --> 04:32:45.520 don't know if the other commissioners have any other questions for you but I 04:32:45.520 --> 04:32:53.240 have two based on the feedback heard tonight can you speak to the conformity 04:32:53.240 --> 04:33:00.920 of the ER functioning and the approved overlay and secondly that the drainage 04:33:00.920 --> 04:33:03.240 because they would have to go through engineering at the platting can you 04:33:03.240 --> 04:33:08.400 talk to can you tell me more about how that drainage was not resolved to the 04:33:08.400 --> 04:33:13.320 engineering stage if or if it was can you elaborate on that process well I can 04:33:13.320 --> 04:33:17.080 try I don't know if I could speak to the the drainage improvements that were 04:33:17.080 --> 04:33:21.520 associated with the the E with the ER but I can try to talk through what's 04:33:21.520 --> 04:33:30.280 going on now so that that ER the the overlay allows medical centers and at 04:33:30.280 --> 04:33:34.240 that time that ER came in the didn't development code had a little bit 04:33:34.240 --> 04:33:40.160 different definitions for the medical type uses and one of them was medical 04:33:40.160 --> 04:33:47.920 centers and so it was pretty broad broad use we we sense then have revised the 04:33:47.920 --> 04:33:55.360 didn't development code to actually be a little more scout a little more 04:33:55.360 --> 04:33:59.240 strategic about what the the medical uses are so we actually delineate the 04:33:59.240 --> 04:34:04.200 hospitals medical clinics and then medical offices so that medical centers 04:34:04.200 --> 04:34:07.920 really did encapsulate a lot of different uses including the use on the 04:34:07.920 --> 04:34:19.680 site drainage so the the ER operator now is conforming to the approval overlay 04:34:19.680 --> 04:34:26.240 conditions it it conformed to the use as they were defined at the time but since 04:34:26.240 --> 04:34:30.640 like I said it's since then we have had a didn't development code update to 04:34:30.640 --> 04:34:35.400 redefine those medical office and offices and be a little more specific 04:34:35.400 --> 04:34:40.680 about what we mean okay and then can you tell me the information you know about 04:34:40.680 --> 04:34:52.640 the drainage or what what the issue might be here sure go back to the it's 04:34:52.640 --> 04:34:58.960 not very so I can't speak to what what was done with the with the the ER but I 04:34:58.960 --> 04:35:04.920 can say for this project the applicant is proposing underground detention and 04:35:04.920 --> 04:35:09.120 so the intent of that is to capture the water the runoff particularly from the 04:35:09.120 --> 04:35:15.660 parking lot and then and then divert it from those adjacent properties and 04:35:15.660 --> 04:35:21.240 release it on to Teasley I believe that there's still the matter of the buffer 04:35:21.240 --> 04:35:25.840 and if you've seen the site the the buffer area does kind of slope to those 04:35:25.840 --> 04:35:31.440 residential properties we've talked a lot to the applicant about how to you 04:35:31.440 --> 04:35:35.440 know either grade that buffer or burb that buffer and it still may be an 04:35:35.440 --> 04:35:41.160 option but there are trees there are post oaks in that in that buffer area 04:35:41.160 --> 04:35:45.000 which are being preserved and disturbance of the soil could certainly 04:35:45.000 --> 04:35:51.200 affect their their ability to live so it's kind of we're looking at I mean we 04:35:51.200 --> 04:35:54.920 can we can look at all options for them of course they still have to meet all 04:35:54.920 --> 04:35:58.080 the landscaping requirements so if there were any trees that did need to be 04:35:58.080 --> 04:36:02.080 removed they would potentially need to modify their preservation plan or their 04:36:02.080 --> 04:36:10.160 landscape plan but but thus far we have in working with the applicant not felt 04:36:10.160 --> 04:36:13.920 comfortable with burming or grading of it just because of the preservation of 04:36:13.920 --> 04:36:18.520 those existing trees I appreciate the clarification we do have a couple 04:36:18.520 --> 04:36:21.800 questions Commissioner Ellis 04:36:23.960 --> 04:36:29.880 the sandbag area is that what the city is currently working on I'm sorry say 04:36:29.880 --> 04:36:34.480 that again so this this area of sandbags that has has gone up and has been there 04:36:34.480 --> 04:36:39.040 for quite some time is that something the city is working on yes so the city 04:36:39.040 --> 04:36:44.720 and the city is working on that and they are communicating with the applicant the 04:36:44.720 --> 04:36:51.240 city is looking at putting a flume in this area to drain the water from this 04:36:51.240 --> 04:36:56.400 landscape area toward Teasley so the water would go under the sidewalk in and 04:36:56.400 --> 04:37:00.760 out who is doing that work that it's our engineering group so they're they're 04:37:00.760 --> 04:37:05.440 working in through the design right now and I don't his name escapes me but I 04:37:05.440 --> 04:37:08.840 could certainly get it for you okay but that's a separate thing that's being 04:37:08.840 --> 04:37:12.760 worked on aside from what we're discussing today correct correct now 04:37:12.760 --> 04:37:15.920 they're working though the groups are communicating because of course it makes 04:37:15.920 --> 04:37:19.360 sense for all of this to to happen so that it addresses the problem 04:37:19.360 --> 04:37:26.880 comprehensively Commissioner Sanchez so when you're talking when they're talking 04:37:26.880 --> 04:37:33.000 about the retaining pond or retaining structure that's gonna keep a lot of 04:37:33.000 --> 04:37:36.280 that water plus I think you also said there was going to be a retaining wall 04:37:36.280 --> 04:37:42.560 on that side on that west west side so that should both be between the retaining 04:37:42.560 --> 04:37:50.360 wall and the and the what I call it retaining area or pond with that they're 04:37:50.360 --> 04:37:55.400 gonna build that should reduce the number of the amount of water draining 04:37:55.400 --> 04:38:01.040 into the into the neighbors the applicant's engineer may may be better 04:38:01.040 --> 04:38:04.800 at explaining that but my understanding is that they will have underground 04:38:04.800 --> 04:38:08.280 attention which is a series of pipes that collects the water and then would 04:38:08.280 --> 04:38:12.840 then I'm released it out to to the right-of-way so that is my understanding 04:38:12.840 --> 04:38:18.840 yes sir okay I think Commissioner Beck thank you chair thanks Julie one of the 04:38:18.840 --> 04:38:26.080 speakers mentioned that about the loss of the tree canopy and that was my 04:38:26.080 --> 04:38:30.480 concern that you explained to us in work so would you explain to her how we're 04:38:30.480 --> 04:38:35.560 gonna be meeting that tree canopy in the long run we're not gonna meet it 04:38:35.560 --> 04:38:40.640 initially is that right but and it is tough at the development because they 04:38:40.640 --> 04:38:47.080 plant they typically plant two-inch caliper trees and so it takes a while to 04:38:47.080 --> 04:38:52.320 recover that canopy so when we look at a site we look at what the mature canopy 04:38:52.320 --> 04:38:56.380 would be and so we look at the types of trees that they're proposing and then we 04:38:56.380 --> 04:38:59.960 we look at their average canopy and that's how we arrive at that mature 04:38:59.960 --> 04:39:06.640 canopy so you're right you know at the initial at the outset it it is it looks 04:39:06.640 --> 04:39:11.660 different but the intent is for it to those trees to then then grow up and 04:39:11.660 --> 04:39:15.800 provide that that canopy coverage we're looking at about 15 to 20 years for that 04:39:15.800 --> 04:39:21.880 happens but it'll be okay thanks Julie thank you Julie I don't see any other 04:39:21.880 --> 04:39:28.360 questions at this time the chair will entertain a motion or further discussion 04:39:28.360 --> 04:39:30.480 if needed 04:39:30.480 --> 04:39:36.320 Tricia Ellis thank you chair can I talk to the applicant for just a second yes 04:39:36.320 --> 04:39:41.720 please I don't think you were in our work session but one thing that had come 04:39:41.720 --> 04:39:45.720 up in work session is that per this ordinance this development cannot be 04:39:45.720 --> 04:39:52.320 called hunters Ridge office park are you aware of that I'm not sure that's not a 04:39:52.320 --> 04:39:59.600 problem in in the ordinance as written okay it can't reference any name of of 04:39:59.600 --> 04:40:06.360 adjacent subdivisions and hunters Ridge is a subdivision this I'm sure that it's 04:40:06.360 --> 04:40:13.200 not a problem okay we'll correct that 04:40:13.200 --> 04:40:21.040 while the chair waits for a motion or discussion can I get clarification from 04:40:21.040 --> 04:40:26.160 the city does that need to be in the conditions for approval the name or 04:40:26.160 --> 04:40:34.880 because of ordinance will that be already taking place by the ordinance 04:40:34.880 --> 04:40:39.840 so you can certainly be handled that way but you there's absolutely no reason why 04:40:39.840 --> 04:40:53.520 you couldn't specify it here as well perfect Chris or Sanchez just listening 04:40:53.520 --> 04:40:58.000 to what you know some of the history it seems like there was already an issue 04:40:58.000 --> 04:41:02.840 there with it with the drainage and I don't think the the developer or the 04:41:02.840 --> 04:41:07.120 person there is totally responsible for that that should have been some of that 04:41:07.120 --> 04:41:11.200 should have been probably even addressed by the previous developer that developed 04:41:11.200 --> 04:41:17.120 him those that developed those houses if you already had an issue then I mean he 04:41:17.120 --> 04:41:21.720 may contribute somewhat but I don't but my understanding is that that issue has 04:41:21.720 --> 04:41:27.640 always already in existence my personal opinion is non personal opinion but from 04:41:27.640 --> 04:41:33.360 the information I've received I would have to vote for for the project I think 04:41:33.360 --> 04:41:41.120 that the city is with a new drain there is going to help the drainage issue and 04:41:41.120 --> 04:41:47.280 also the pond the retaining pond and that system that they're trying to create is 04:41:47.280 --> 04:41:51.760 going to help if it doesn't there's other I guess they can go back and see 04:41:51.760 --> 04:41:55.120 if what else they can be done but at this point they are trying to address 04:41:55.120 --> 04:42:01.120 that issue and and along with the city hopefully they'll be taking take care of 04:42:01.120 --> 04:42:05.640 it if they don't somebody's gonna have to take I mean long term whatever they 04:42:05.640 --> 04:42:09.280 develop there that issue is always going to exist until they take care of it so I 04:42:09.280 --> 04:42:13.760 think they're doing a trying to work on it and so I'm gonna vote for the project 04:42:13.760 --> 04:42:18.760 Christian Pernitta yeah and I just wanted to clarify Julie you mentioned 04:42:18.760 --> 04:42:23.160 that they were building some flumes below and you referenced the the bags 04:42:23.160 --> 04:42:30.360 the the eyesore bags that were out there so with regards to the objections as far 04:42:30.360 --> 04:42:33.880 as runoff and everything goes what we're seeing right now would actually kind of 04:42:33.880 --> 04:42:39.000 mitigate some of the issues that we're having right now am I misunderstanding 04:42:39.000 --> 04:42:43.400 that or do we not want to go on the road I'm not an engineer but it has been it's 04:42:43.400 --> 04:42:48.280 it's been communicated to me that this is going to help reduce that problem or 04:42:48.280 --> 04:42:53.040 go in the right direction to make it better so that's my understanding as well 04:42:53.040 --> 04:42:59.080 as the city city working as well to to mitigate those drainage issues and with 04:42:59.080 --> 04:43:03.280 regard to the flims and everything as I understood in the work session and it's 04:43:03.280 --> 04:43:13.640 flims right okay anyway as I understood in the work session that would that 04:43:13.640 --> 04:43:17.800 would eliminate the need for the bags there would they still be there do we 04:43:17.800 --> 04:43:24.760 haven't it's the city's intent to to to put that flume there to direct the water 04:43:24.760 --> 04:43:29.040 in that location so that those bags can be removed the intent is for the city 04:43:29.040 --> 04:43:32.680 is to make those drainage improvements within the public right of way to get 04:43:32.680 --> 04:43:36.360 those bags out of there and solve the problem okay thank you very much that's 04:43:36.360 --> 04:43:43.700 all that so I appreciate everyone coming out who did come out to you to speak on 04:43:43.700 --> 04:43:50.640 this it seems as though the drainage will actually improve from what I 04:43:50.640 --> 04:43:57.640 understand once this project moves forward and and I don't feel that the 04:43:57.640 --> 04:44:03.200 developer should be held to maintain an ordinance that they weren't approved 04:44:03.200 --> 04:44:08.200 under initially so if the Medical Center was able to be done initially and at the 04:44:08.200 --> 04:44:12.840 time they were approved and I think that that should be kept so seeing that those 04:44:12.840 --> 04:44:19.480 two things I think have resolution in my mind I move for approval of item 2a with 04:44:19.480 --> 04:44:24.840 the statement that going forward Hunters Ridge nomenclature is removed from the 04:44:24.840 --> 04:44:32.440 project Christian pernetta a second your motion with the statement we have a first 04:44:32.440 --> 04:44:38.360 and a second any discussion Christian Ellis thank you chair can I maybe make a 04:44:38.360 --> 04:44:45.600 friendly amendment to possibly address some caution with regard to the school 04:44:45.600 --> 04:44:51.240 children that will be crossing nearby a thought I had is to possibly have a sign 04:44:51.240 --> 04:44:56.200 in that landscaping to say caution children crossing something like that I'm 04:44:56.200 --> 04:45:02.040 really concerned if this gets developed that that we're going to have an issue 04:45:02.040 --> 04:45:06.960 there with these school children at some point with cars coming out of this 04:45:06.960 --> 04:45:13.080 development so my hope is to get something in place here other than just 04:45:13.080 --> 04:45:18.760 the colored cement that is being proposed is the applicant amenable to 04:45:18.760 --> 04:45:23.100 having additional signage for school crossing at the crossing on the south 04:45:23.100 --> 04:45:29.560 side of Teasley Lane I don't know if I can point at this but I'm looking at the 04:45:29.560 --> 04:45:34.800 Southland are you talking about another drive there yeah I am yeah we're 04:45:34.800 --> 04:45:40.720 certainly a sign I'm not sure exactly what the sign says but we're we're open 04:45:40.720 --> 04:45:45.960 to that okay I don't know what the area there is a tremendous amount of school 04:45:45.960 --> 04:45:51.040 children walking that area two times a day right and it's a lot of children and 04:45:51.040 --> 04:45:57.200 and with cars coming out of there and something needs to alert people to just 04:45:57.200 --> 04:46:03.200 be aware I'm that yes so we're okay with a sign if that if that if that's what 04:46:03.200 --> 04:46:08.160 if that's what you're asking if we put a sign there the sign can be there the 04:46:08.160 --> 04:46:12.480 applicant is certainly agreeing that we want to take precaution in that regard so 04:46:12.480 --> 04:46:16.760 I don't know exactly what the right answer is but we're you can put that as 04:46:16.760 --> 04:46:22.760 a stipulation that we will address that okay thank you very much and I will make 04:46:22.760 --> 04:46:28.200 an amendment to my motion that I approve the ADP with the statement that hundred 04:46:28.200 --> 04:46:32.520 ridge title be removed from nomenclature of the project as well as additional 04:46:32.520 --> 04:46:37.140 signage on the south interest on Teasley Lane identify that there is children 04:46:37.140 --> 04:46:41.720 crossing Commissioner Burnett are you okay with that amendment I second with 04:46:41.720 --> 04:46:46.280 the amendments yes and Commissioner back thank you chair and I want to thank 04:46:46.280 --> 04:46:49.160 everybody for coming out and speaking to this tonight these are legitimate 04:46:49.160 --> 04:46:54.280 concerns and to mr. Parker's point about drainage doesn't need to be dealt with 04:46:54.280 --> 04:47:00.120 after developments done it shouldn't negatively impact your property so you 04:47:00.120 --> 04:47:03.440 have that on your side as far as the code goes when they're through this 04:47:03.440 --> 04:47:08.520 development if it's gotten worse you need to come to the city and point that 04:47:08.520 --> 04:47:13.680 out to hopefully it won't suspect they're gonna do everything can I get 04:47:13.680 --> 04:47:17.360 the indication it's not gonna get rid of a hundred percent of it but it's gonna 04:47:17.360 --> 04:47:22.280 be better than it is now so but it can't negatively affect it from where it is 04:47:22.280 --> 04:47:30.040 now so do follow up on that if it does thank you see no other discussion I'll 04:47:30.040 --> 04:47:32.840 call for vote on the board 04:47:38.520 --> 04:47:55.040 motion carries 7-0 the next item of business is item 2B ADP 18 - 0009 and I 04:47:55.040 --> 04:47:58.680 will call Haley for presentation 04:48:08.520 --> 04:48:18.840 Good evening this request is also for an alternative development plan for a 04:48:18.840 --> 04:48:23.680 truck lot associated with the Peterbilt facility on the west side of town 04:48:23.680 --> 04:48:28.680 specifically the request is to consider approval of an ADP to deviate from three 04:48:28.680 --> 04:48:33.000 sections of subchapter 13 specifically the perimeter fence and screening 04:48:33.000 --> 04:48:37.160 requirements the access parking and circulation requirements and the 04:48:37.160 --> 04:48:41.240 non-residential and mixed-use building standards specifically the parking 04:48:41.240 --> 04:48:46.360 section so you can see the subject property outlined in black on the map so 04:48:46.360 --> 04:48:51.720 this property is just over 12 acres it is located south of Oak Street along 04:48:51.720 --> 04:48:56.400 the future extension of precision drive which is currently under construction the 04:48:56.400 --> 04:49:00.240 property is owned industrial center general and the proposed use is a truck 04:49:00.240 --> 04:49:05.080 sales facility which falls under the the broad umbrella of auto and RV sales 04:49:05.080 --> 04:49:11.280 within our code which is a commercial use so looking at the proposed deviations 04:49:11.280 --> 04:49:15.080 from the code in a little more detail there there are four specific proposals 04:49:15.080 --> 04:49:20.680 the first is requirement within the DDC that perimeter fence materials be 04:49:20.680 --> 04:49:25.080 constructed of either wood wrought iron masonry brick vinyl PVC or composite 04:49:25.080 --> 04:49:29.960 material so it is a very exclusive list of permitted materials the applicant is 04:49:29.960 --> 04:49:33.520 proposing an eight foot tall wire mesh security fence on the sides and rear of 04:49:33.520 --> 04:49:38.240 the property so it's a material that I suspect wasn't popular at the time of 04:49:38.240 --> 04:49:43.280 code adoption it wasn't included in that list of permitted materials the second 04:49:43.280 --> 04:49:48.200 proposed deviation is also associated with the fence the DDC has a maximum 04:49:48.200 --> 04:49:51.720 fence height of three and a half feet for any fence located forward of the 04:49:51.720 --> 04:49:56.640 front building line and the proposal here is for a seven foot tall ornamental 04:49:56.640 --> 04:49:59.800 wrought iron fence along the front property line again for security 04:49:59.800 --> 04:50:05.520 purposes the third proposed deviation is from the front parking screening 04:50:05.520 --> 04:50:09.200 requirements so when there is parking located between a building and the 04:50:09.200 --> 04:50:14.600 street the DDC has a very strict set of requirements for that area to be screened 04:50:14.600 --> 04:50:20.400 it has to be a 15 foot wide landscape area it must contain a berm either one 04:50:20.400 --> 04:50:24.640 large tree for every 40 feet or three small trees clustered every 30 feet and 04:50:24.640 --> 04:50:28.440 then it has to contain either zero scaping a three foot high continuous 04:50:28.440 --> 04:50:33.240 shrub row or a three foot high wall what the applicant has proposed is to provide 04:50:33.240 --> 04:50:39.200 that 15 foot wide area that will include the berm and the continuous shrub row but 04:50:39.200 --> 04:50:43.200 because of constraints on the site they're locating their street trees on 04:50:43.200 --> 04:50:47.440 the backside of that landscape area instead of along the right of ways would 04:50:47.440 --> 04:50:51.160 typically be required and then because of that there's not room for the 04:50:51.160 --> 04:50:53.960 screening trees that are required in addition to that so they've proposed to 04:50:53.960 --> 04:50:58.000 relocate those to the north and south sides of the property along the fence 04:50:58.000 --> 04:51:03.840 line and then finally the DDC actually only permits parking between a building 04:51:03.840 --> 04:51:09.520 and a street along arterial roadways the precision drive which this property has 04:51:09.520 --> 04:51:12.120 frontage along is actually a collector road so it doesn't meet that 04:51:12.120 --> 04:51:16.640 requirement and then in addition to that when you do have that front parking your 04:51:16.640 --> 04:51:20.880 building can be set back a maximum of 85 feet from the road the buildings in this 04:51:20.880 --> 04:51:26.620 case are 148 feet from the street so we'll look in a little more detail at 04:51:26.620 --> 04:51:31.560 their site plan now what you can see here in red is just over 5,000 square 04:51:31.560 --> 04:51:36.760 feet of buildings that includes an office and a truck undecking facility 04:51:36.760 --> 04:51:42.120 they do have 12 traditional vehicle parking spaces located to the front of 04:51:42.120 --> 04:51:45.160 the building with a few of those spaces here on the side so that's the front 04:51:45.160 --> 04:51:49.480 parking that I was referring to and then the remainder of this site where you see 04:51:49.480 --> 04:51:53.080 the striping those are proposed truck parking spaces so they're much larger 04:51:53.080 --> 04:51:57.840 than traditional car spaces and they would be used for storage and display of 04:51:57.840 --> 04:52:01.480 the vehicles that would be for sale on the site and there's just over 400 of 04:52:01.480 --> 04:52:06.480 those overall the site will have a 38 percent landscaping which is much higher 04:52:06.480 --> 04:52:10.800 than the 10% required for the ICG district and it will meet the 15% tree 04:52:10.800 --> 04:52:15.400 canopy requirement so looking at the fencing and landscaping the the dashed 04:52:15.400 --> 04:52:18.680 orange line would represent where the wrought iron fence would go along the 04:52:18.680 --> 04:52:22.000 front property line there would be a gate here at this entry for controlled 04:52:22.000 --> 04:52:26.640 access and then the solid orange line around the remainder of the site would 04:52:26.640 --> 04:52:32.040 represent where that wire mesh fence would go the the green areas indicate the 04:52:32.040 --> 04:52:35.820 here along precision drive that would be where they're providing that 15 foot 04:52:35.820 --> 04:52:40.360 wide area with the street trees and the shrubs as well as the berm and then the 04:52:40.360 --> 04:52:44.680 other two areas these are the locations of the proposed or the proposed 04:52:44.680 --> 04:52:48.000 alternative locations for those parking lot screening trees so you can see 04:52:48.000 --> 04:52:51.400 they're located here along the fence line so they would actually in these 04:52:51.400 --> 04:52:54.960 alternate locations help screen the vehicle storage area and the proposed 04:52:54.960 --> 04:53:01.320 fence specifically these are the specifications provided for the fence so 04:53:01.320 --> 04:53:04.620 this would be the ornamental wrought iron fence along the front edge and then 04:53:04.620 --> 04:53:07.720 this is an example of what the wire mesh fence would look like and it's my 04:53:07.720 --> 04:53:12.940 understanding that all of these would be black coated materials so not reflective 04:53:12.940 --> 04:53:18.080 as you would typically see with chain link or something else so there are the 04:53:18.080 --> 04:53:21.860 five criteria for approval for an ADP the first being preservation of existing 04:53:21.860 --> 04:53:25.920 neighborhoods this this is an industrial area so this truck lot would be a 04:53:25.920 --> 04:53:30.840 supporting use for existing industrial development in the vicinity there there 04:53:30.840 --> 04:53:35.840 is multifamily located across the future precision drive in most cases you're 04:53:35.840 --> 04:53:39.920 used to seeing a compatibility buffer when there's commercial and multifamily 04:53:39.920 --> 04:53:43.680 but in this case the right-of-way provides that separation so the the 04:53:43.680 --> 04:53:46.520 screening that they're providing is actually you know above and beyond what 04:53:46.520 --> 04:53:51.280 will be required by the code with that right-of-way there the second criteria 04:53:51.280 --> 04:53:55.640 is assuring quality development the request as you've seen here is not 04:53:55.640 --> 04:53:59.200 intended to lower our design standards but to allow enhanced security on the 04:53:59.200 --> 04:54:04.680 site for the vehicles that they would be storing there third criteria is focusing 04:54:04.680 --> 04:54:08.400 new development to activity centers this is intended to be one of the city's 04:54:08.400 --> 04:54:12.120 large industrial activity centers so it's consistent with that by providing a 04:54:12.120 --> 04:54:18.240 supporting use for some of the industrial development in this area the 04:54:18.240 --> 04:54:21.240 fourth criteria is to ensure infrastructure can accommodate the 04:54:21.240 --> 04:54:25.480 development although there is not infrastructure in place today if you 04:54:25.480 --> 04:54:28.720 drive out there on Oak Street you'll see a lot of construction in this area so 04:54:28.720 --> 04:54:33.400 the the water and sewer lines you see here in blue and red respectively are the 04:54:33.400 --> 04:54:37.440 extensions of infrastructure that's currently underway from the current 04:54:37.440 --> 04:54:41.280 terminus of precision drive up to Oak Street to provide a connection and a 04:54:41.280 --> 04:54:45.540 loop there and the precision drive itself is being constructed as a part of the 04:54:45.540 --> 04:54:49.320 multifamily development that's underway so all of that would be in place by the 04:54:49.320 --> 04:54:53.720 time this development we're ready to move forward and then finally the last 04:54:53.720 --> 04:54:57.520 criteria is that the design would result in a high quality development that meets 04:54:57.520 --> 04:55:01.400 the intent of our standards as I mentioned the the fencing options that 04:55:01.400 --> 04:55:04.120 they're proposing are not necessarily lower quality materials they're just 04:55:04.120 --> 04:55:09.000 alternative materials and it is for a valid security purpose that they're 04:55:09.000 --> 04:55:14.720 seeking this and then in addition with the landscaping alternatives that they've 04:55:14.720 --> 04:55:18.240 proposed again they're meeting their minimum standards for tree canopy and 04:55:18.240 --> 04:55:22.600 for landscaping but they are proposing to relocate these trees to a location 04:55:22.600 --> 04:55:25.960 that would actually help screen the truck lot itself from the right-of-way 04:55:25.960 --> 04:55:29.960 so with that staff is recommending approval as we found it to meet the 04:55:29.960 --> 04:55:35.480 criteria outlined in sub chapter 13 happy to answer any questions thank you 04:55:35.480 --> 04:55:41.360 very much Haley I do not see any questions thank you just like the other 04:55:41.360 --> 04:55:44.600 item this is not a public hearing however we do invite anyone to speak who 04:55:44.600 --> 04:55:48.040 wishes to do so we do have a couple cards filled out we will start with Rick 04:55:48.040 --> 04:56:10.240 Jones perfect which do you know which item and I would assume that Tom Brandt 04:56:10.240 --> 04:56:16.560 is the same item this Tom Brandt here are you're on that the plane development 04:56:16.560 --> 04:56:20.120 item great okay so we have no cards for this item 04:56:20.120 --> 04:56:25.960 Mr. Smith Haley you see the applicant was here tonight 04:56:25.960 --> 04:56:44.600 can we speak to the outcome yes I'm Ashley Reynolds with Pacheco Coke what is 04:56:44.600 --> 04:56:55.680 an undecking building the contractor is going to speak great if you just set 04:56:55.680 --> 04:57:00.720 your name and address for the record Craig Wiedemann 609 Gannett Trail 04:57:00.720 --> 04:57:07.880 Northlake decking building is actually a building that the trucks are stacked on 04:57:07.880 --> 04:57:12.120 top of each other and so the stacked trucks come into this building there's a 04:57:12.120 --> 04:57:17.520 Gantt crane that they take those trucks on and off and where they process that 04:57:17.520 --> 04:57:22.320 got it I know you're the contractor you say you're the contractor for the 04:57:22.320 --> 04:57:28.160 actual build out that's correct actually what is your role okay so neither of you 04:57:28.160 --> 04:57:33.240 guys know anything about how the utility of this site is it's not how many how 04:57:33.240 --> 04:57:37.440 often there's gonna be on decking what times are the good stuff yes actually I 04:57:37.440 --> 04:57:46.680 do okay yes so the trucks will come in frequency is about 15 trucks a day that 04:57:46.680 --> 04:57:51.720 would be coming in to be decked and undecked it's not 15 trucks linked 04:57:51.720 --> 04:57:57.160 together or 15 right and typically there are three trucks that are decked so you'd 04:57:57.160 --> 04:58:02.320 have basically five loads of those trucks coming in per day it'll be 24 04:58:02.320 --> 04:58:10.480 hour no it'll have normal business hours for that it's it's got a normal auto 04:58:10.480 --> 04:58:17.200 sales type of feel to it a lot of the sales are actually not online there is 04:58:17.200 --> 04:58:22.200 some the client did want to value some of that visibility to the street which 04:58:22.200 --> 04:58:26.960 is why they went back and forth with the landscape they do want to display the 04:58:26.960 --> 04:58:33.640 trucks but they also wanted to adhere to you guys in that development and then the 04:58:33.640 --> 04:58:36.800 the entrances in in and out of there with the fencing everything else we're 04:58:36.800 --> 04:58:40.440 putting up wide enough people take me if it's if it's three trucks decked up on 04:58:40.440 --> 04:58:43.420 top of each other getting in and out of there won't don't think it'd be an issue 04:58:43.420 --> 04:58:47.320 that the drive will be wide enough for those turns off off a collector Street 04:58:47.320 --> 04:58:52.360 like precision yes sir we feel that it is we actually are wider than what is 04:58:52.360 --> 04:58:57.560 required for that reason so good and we did provide enough clearance between the 04:58:57.560 --> 04:59:02.200 actual decking process and the gate itself so that we don't have any kind of 04:59:02.200 --> 04:59:08.040 stack gotcha gotcha Russia thank you thank you very much 04:59:08.040 --> 04:59:19.800 mr. Cole we have a first for approval mr. Smith second we have a first and a 04:59:19.800 --> 04:59:24.760 second for approval any discussion seeing none I'll call for a vote on the 04:59:24.760 --> 04:59:26.840 board 04:59:26.840 --> 04:59:38.560 motion carries seven zero congratulations as a reminder going into 04:59:38.560 --> 04:59:45.720 the public hearings item 3a 3b and 3c will not be heard tonight so the next 04:59:45.720 --> 04:59:54.080 item of business will be item 3d fr 18 - 0 0 15 I'll invite Cindy Jackson for 04:59:54.080 --> 05:00:01.600 presentation and also open the public hearing thank you chairman and 05:00:01.600 --> 05:00:18.600 commissioners oh come on trying to get this open here we go 05:00:29.520 --> 05:00:39.280 there we go fr 18 - 0 0 1 5 is a request for approval of the final plat of lots 05:00:39.280 --> 05:00:47.800 1r excuse me 1a - 1 and 1a - 2 block a of the gray forest edition being a 05:00:47.800 --> 05:00:54.760 residential replat of lot 14 block D of the Park West edition and lot 1 a block 05:00:54.760 --> 05:01:01.200 a of the de weird edition the site which totals a hot one point one five acres is 05:01:01.200 --> 05:01:09.200 located on the west side of Stewart and the south side of Chisholm Trail the 05:01:09.200 --> 05:01:15.600 applicant is requesting to replat the site into into two lots currently it's 05:01:15.600 --> 05:01:19.840 two lots but they're reconfiguring it splitting the large lot here into two 05:01:19.840 --> 05:01:24.660 adding it to this lot which is on the south side of Chisholm and this will be 05:01:24.660 --> 05:01:30.800 a standalone lot that will front on Stewart Street the site is in the 05:01:30.800 --> 05:01:35.280 NR4 zoning district and meets all the requirements of the zoning district 05:01:35.280 --> 05:01:39.400 also meets the requirements of the subdivision ordinance and staff 05:01:39.400 --> 05:01:45.240 recommends approval thank you very much Cindy this is a public hearing anyone 05:01:45.240 --> 05:01:48.000 wishing to speak may do so we just ask that you fill out one of the blue cards 05:01:48.000 --> 05:01:52.160 so we have it on record we do have a couple individuals wishing to speak the 05:01:52.160 --> 05:02:00.640 first one will be Lynn is it Beck fork Beckford if you to state your name and 05:02:00.640 --> 05:02:07.640 address we'd appreciate it and you're provided four minutes my name is Lynn 05:02:07.640 --> 05:02:20.280 Beckford I live at 1009 Stewart Road in Texas and I own lot 3 block a and my 05:02:20.280 --> 05:02:28.160 concern is with the survey I think that they might be taking some of my land and 05:02:28.160 --> 05:02:34.040 I didn't know how to go about protesting that and having them clarify with me so 05:02:34.040 --> 05:02:39.240 I got the letter and I'm here to hopefully maybe work with them to get 05:02:39.240 --> 05:02:44.420 some clarification because it's about five feet that I'm seeing that they 05:02:44.420 --> 05:02:51.200 might be taking of my land I've been there since 2012 and I had the land 05:02:51.200 --> 05:02:54.960 surveyed and I know they sold the land one other time and I'm sure it was 05:02:54.960 --> 05:03:00.640 surveyed and I never saw the steak before until they just surveyed it so 05:03:00.640 --> 05:03:06.760 I'm just concerned that I'm gonna lose some land rightfully so what lot are you 05:03:06.760 --> 05:03:19.160 I am lot 3 block a I'm the long one right behind right next to it the big 05:03:19.160 --> 05:03:24.380 long unfortunately it's out of our purview tonight but we can't get you in 05:03:24.380 --> 05:03:28.000 connection with the right people to go about setting up the protest and get you 05:03:28.000 --> 05:03:32.680 down that path okay and so what I'd like you to do is talk to Cindy Jackson and 05:03:32.680 --> 05:03:37.240 she can direct you to either she can handle it or she will get you the right 05:03:37.240 --> 05:03:41.000 person okay but that's the next course of action all right great thank you good 05:03:41.000 --> 05:03:52.720 luck much the other card I have here is Gail frisbee scale here and if you could 05:03:52.720 --> 05:03:55.920 just say your name and address for the record we'd appreciate it and you have 05:03:55.920 --> 05:04:02.880 four minutes my name is Gail frisbee I live at 1112 Abbots Lane in Denton but I 05:04:02.880 --> 05:04:10.680 own the property at 613 Cordova and if you look on the map Cordova circles not 05:04:10.680 --> 05:04:18.240 really a circle it's kind of a big L and my property is I guess on that big L 05:04:18.240 --> 05:04:26.120 it's the one on the left and it kind of goes up to a point I think I need a 05:04:26.120 --> 05:04:32.400 definition of what replating means and is there something going on this 05:04:32.400 --> 05:04:37.440 property are they just moving a line from lot to lot will there be any 05:04:37.440 --> 05:04:44.280 improvements on this property and the reason I asked this is because where my 05:04:44.280 --> 05:04:50.640 property is my property is lower than this property and water just shoots 05:04:50.640 --> 05:04:56.040 right down that hill right into my the house that I own and I was just wondering 05:04:56.040 --> 05:05:00.960 if they're gonna be any any improvements on this or is this just a moving of a 05:05:00.960 --> 05:05:05.000 line it's a great question the only thing we're looking at tonight is the 05:05:05.000 --> 05:05:08.600 moving of a line moving of a line there's nothing under consideration apart 05:05:08.600 --> 05:05:15.080 from taking and rearranging just the division of where the land and plat so 05:05:15.080 --> 05:05:23.080 anything not that's being heard tonight okay thank you of course this is a 05:05:23.080 --> 05:05:31.440 public hearing anyone wishing to speak may certainly do so seeing no other 05:05:31.440 --> 05:05:35.480 speakers I will close the public hearing and offer the dais a conversation or 05:05:35.480 --> 05:05:41.660 motion Commissioner Smith motion for approval and Commissioner Beck second we 05:05:41.660 --> 05:05:45.760 have a first and a second for approval any discussion on the item seeing none 05:05:45.760 --> 05:05:54.160 I'll call for a motion on the board or vote on the board motion carries seven 05:05:54.160 --> 05:06:04.360 zero the next item for business is item 3e PDA 18 - 0009 I'll call Haley for 05:06:04.360 --> 05:06:07.800 presentation open the public hearing 05:06:07.800 --> 05:06:25.720 good evening this is a detailed plan for a proposed self storage facility 05:06:25.720 --> 05:06:31.400 located along 2499 so the request before you is to hold the public hearing and 05:06:31.400 --> 05:06:35.600 consider making a recommendation to the City Council regarding a detailed plan 05:06:35.600 --> 05:06:39.680 for property located within plan development 176 you can see the 05:06:39.680 --> 05:06:44.080 property outlined in yellow on the map it's just shy of three acres total and 05:06:44.080 --> 05:06:49.580 as I mentioned is located on the west side of FM 2499 in between Hickory Creek 05:06:49.580 --> 05:06:57.680 and Robinson the current zoning for the property is PD 176 which is also known 05:06:57.680 --> 05:07:04.120 as Wheeler Ridge this particular PD was a first approved in October of 1999 at 05:07:04.120 --> 05:07:10.360 that time the PD allowed for a maximum of 628 residential units and provided 05:07:10.360 --> 05:07:17.480 for two commercial tracts of land that totaled about 16 acres so a PD just for 05:07:17.480 --> 05:07:21.280 reference does require kind of two steps to the development planning the first of 05:07:21.280 --> 05:07:25.040 those is the concept plan that determines generally what uses are 05:07:25.040 --> 05:07:29.200 permitted and where would those uses go so that was approved along with the 05:07:29.200 --> 05:07:34.520 original PD back in 1999 the second part of that is the detail plan which is what 05:07:34.520 --> 05:07:39.080 we're here to discuss tonight which are the specifics of how are the sites 05:07:39.080 --> 05:07:44.760 designed how its landscaped and how it's going to look so now we'll go into that 05:07:44.760 --> 05:07:48.960 in some detail this is the proposed site plan which is just a portion of the 05:07:48.960 --> 05:07:53.240 detail plan it also includes landscaping and building elevations what you see 05:07:53.240 --> 05:07:57.920 here outlined in blue on the map are the the four proposed buildings they total 05:07:57.920 --> 05:08:03.080 just under 85,000 square feet total there are five parking spaces for customers 05:08:03.080 --> 05:08:07.160 and employees located here adjoining the office which would be the corner of this 05:08:07.160 --> 05:08:12.080 this front building there is one driveway location to the property it 05:08:12.080 --> 05:08:15.600 would be shared by this use as well as the use to the south which you may 05:08:15.600 --> 05:08:20.240 recall we had a detail plan proposal for last year for a car wash on that part of 05:08:20.240 --> 05:08:24.400 the property and that was approved by City Council so they would share that 05:08:24.400 --> 05:08:29.120 one driveway and there are text out approved plans for the installation of 05:08:29.120 --> 05:08:34.240 this driveway as well as for a turn lane here on 2499 into the site all 05:08:34.240 --> 05:08:38.560 driveways internal to the earth within this development would be internal to 05:08:38.560 --> 05:08:42.560 the buildings there are gates proposed at these locations so aside from the 05:08:42.560 --> 05:08:46.280 parking the majority of the vehicle maneuvering would be within the confines 05:08:46.280 --> 05:08:51.080 of the buildings as you see it here there is some fencing proposed the PD 05:08:51.080 --> 05:08:56.480 requires a masonry wall so there is a 25 foot set back here between the 05:08:56.480 --> 05:08:59.440 property line and the buildings and then where there are gaps between the 05:08:59.440 --> 05:09:03.680 buildings there's a proposed masonry fence along this portion of the property 05:09:03.680 --> 05:09:06.640 that would be eight foot in height it would have wrought iron gates to allow 05:09:06.640 --> 05:09:11.900 access to that 25 foot landscape buffer that would be back there and then on the 05:09:11.900 --> 05:09:15.120 north end of the property there's a detention facility so around that in lieu 05:09:15.120 --> 05:09:18.400 of the masonry they're proposing a wrought iron fence around the detention 05:09:18.400 --> 05:09:24.480 pond these are the proposed elevations for the building so just a color 05:09:24.480 --> 05:09:29.680 rendering and then we'll look a little more closely at the materials so the PD 05:09:29.680 --> 05:09:33.800 requires that commercial developments be constructed with either glass stone 05:09:33.800 --> 05:09:38.760 stucco tile concrete wood or similar materials what they've proposed here 05:09:38.760 --> 05:09:42.040 falls within that category they've proposed a combination of brick and 05:09:42.040 --> 05:09:47.040 stone so it would be all that would be a masonry building facade they do have 05:09:47.040 --> 05:09:50.320 some EFAS which is a stucco like material around the top of the buildings 05:09:50.320 --> 05:09:56.040 but overall it would be brick and stone that would be seen the PD allows a 05:09:56.040 --> 05:10:00.760 maximum height of three stories a story in the 1991 code was defined as 11 and a 05:10:00.760 --> 05:10:05.020 half feet on average so the highest point of this building is at 32 and a 05:10:05.020 --> 05:10:09.520 half feet that's on the building fronting 2499 all the other buildings are 05:10:09.520 --> 05:10:14.440 much lower than that down to as low as 13 feet in height just another look at 05:10:14.440 --> 05:10:17.960 some of the other angles of the building here again this would be the office 05:10:17.960 --> 05:10:22.440 portion for running 2499 this is the back side so you can see the building 05:10:22.440 --> 05:10:26.160 here with some architectural details and brick variation and then this is an 05:10:26.160 --> 05:10:32.480 example of how that masonry wall would connect the buildings so now looking at 05:10:32.480 --> 05:10:37.360 the landscape portion of the plans this PD again as it was approved in 1999 05:10:37.360 --> 05:10:43.720 references the 1998 landscape code that code required 15 trees per acre so based 05:10:43.720 --> 05:10:47.960 on their property size they're required 45 trees the site or the landscape plan 05:10:47.960 --> 05:10:53.280 reflects a total of 50 trees 17 of those are what our code considers medium or 05:10:53.280 --> 05:10:58.120 large canopy and they're proposed here on the back side in that 25 foot 05:10:58.120 --> 05:11:03.040 landscape buffer that I referenced earlier overall the site would have 05:11:03.040 --> 05:11:08.200 approximately 27 percent landscape area and 21 percent new tree canopy they are 05:11:08.200 --> 05:11:11.800 preserving a few trees on the site here around the detention pond and then one 05:11:11.800 --> 05:11:16.040 that was fell within the buffer area so they do meet and exceed the current DDC 05:11:16.040 --> 05:11:21.040 requirements for tree preservation as well so looking at the criteria for 05:11:21.040 --> 05:11:26.620 approval which again are outlined in the 1991 code rather than our current DDC the 05:11:26.620 --> 05:11:29.880 first of those is that the plan comply with the general concept plan or 05:11:29.880 --> 05:11:35.080 development plan approved for the property so this is the concept plan 05:11:35.080 --> 05:11:39.560 that was approved in 1999 it broke the property into three tracks the first 05:11:39.560 --> 05:11:42.680 commercial or the first track was commercial here at Teasley and Robinson 05:11:42.680 --> 05:11:46.560 the majority of the property was designated as track two for single 05:11:46.560 --> 05:11:51.600 family development that's where those 628 units I mentioned would go and then 05:11:51.600 --> 05:11:54.760 here on the opposite side of the utility easement was tracked three which was 05:11:54.760 --> 05:11:58.640 designated for commercial development at that time because even then it was known 05:11:58.640 --> 05:12:03.560 that FM 2499 would be going through this area so the use and development 05:12:03.560 --> 05:12:07.520 standards outlined here conform with this concept plan the use is permitted 05:12:07.520 --> 05:12:10.440 within the PD and it meets the development standards as I've described 05:12:10.440 --> 05:12:16.000 them the second criteria is that the plan provide a compatible arrangement of 05:12:16.000 --> 05:12:19.800 buildings and land uses that wouldn't adversely affect adjoining neighborhoods 05:12:19.800 --> 05:12:24.640 or properties outside of the plan so what we see here is an example of kind of 05:12:24.640 --> 05:12:28.840 typical highway commercial development it's in line with the other approved 05:12:28.840 --> 05:12:33.520 development on this property in terms of scale in terms of it being compatible 05:12:33.520 --> 05:12:37.680 with adjoining neighborhoods in addition to the hundred and seventy-five foot wide 05:12:37.680 --> 05:12:41.200 electric easement that separates this from the nearest residents they're also 05:12:41.200 --> 05:12:44.880 complying with the requirement for a 25 foot setback where they adjoin 05:12:44.880 --> 05:12:50.080 residential development two things that staff identified that aren't discussed 05:12:50.080 --> 05:12:54.960 in the PD or lighting and signage we felt that both of those for any commercial 05:12:54.960 --> 05:12:58.120 development have the potential for some nuisances so you'll see later that we've 05:12:58.120 --> 05:13:03.920 recommended some conditions related to that and then the next criteria is that 05:13:03.920 --> 05:13:08.320 the plan provides for an adequate and safe circulation of vehicular traffic so 05:13:08.320 --> 05:13:13.400 as I mentioned there is one point of access from FM 2499 for this site the 05:13:13.400 --> 05:13:16.960 text dot has already approved the plans for as I mentioned the turn lane as well 05:13:16.960 --> 05:13:20.200 as the driveway location and how it would be constructed all of that was 05:13:20.200 --> 05:13:23.080 approved even before the car wash development came in so they're just 05:13:23.080 --> 05:13:28.360 complying with those text on approved plans and then internal to the site as 05:13:28.360 --> 05:13:32.460 we saw on their site plan they're providing mostly internal circulation so 05:13:32.460 --> 05:13:36.280 there won't be any glare or lighting from headlights of cars visiting the 05:13:36.280 --> 05:13:41.320 facility that would be visible to the surrounding neighbors and then finally 05:13:41.320 --> 05:13:44.400 that the plan is in substantial compliance with the landscaping sign 05:13:44.400 --> 05:13:48.640 buffer or sign subdivision and other regulations of the city or offers 05:13:48.640 --> 05:13:52.840 corresponding benefits if it deviates from them staff found through our review 05:13:52.840 --> 05:13:56.280 that it is in compliance with all the regulations within the PD within the 05:13:56.280 --> 05:14:01.120 1998 landscaping code and then as well as with other requirements of the DDC 05:14:01.120 --> 05:14:06.360 today such as true preservation a notification was sent regarding this 05:14:06.360 --> 05:14:12.240 request I received no written responses to date the applicant did hold meetings 05:14:12.240 --> 05:14:15.360 individually with each of the HOA is in the area it's my understanding they had 05:14:15.360 --> 05:14:19.680 three meetings one with Wheeler Ridge and then two with the separate sectors of 05:14:19.680 --> 05:14:25.480 the Oakmont subdivision and so staff is recommending approval of the request 05:14:25.480 --> 05:14:30.400 with two conditions the first be that no exterior lighting on the building should 05:14:30.400 --> 05:14:34.520 face a single-family residential use or if such lighting is proposed that it be 05:14:34.520 --> 05:14:38.320 screened from the view of adjoining residential properties along with that we 05:14:38.320 --> 05:14:41.440 would request that a photometric plan be provided with the building permit 05:14:41.440 --> 05:14:45.120 application so that it demonstrates compliance with the current DDC site 05:14:45.120 --> 05:14:50.040 lighting requirements in subchapter 13 the second criteria is that due to the 05:14:50.040 --> 05:14:55.200 proximity of single-family residences the residential nature of the PD and the 05:14:55.200 --> 05:14:59.120 lack of signage regulations within the PD that the project and said comply with 05:14:59.120 --> 05:15:03.280 our code of ordinances sign requirements for non-residential districts as well as 05:15:03.280 --> 05:15:07.080 the limitation that no illuminated wall sign face and adjoining single-family 05:15:07.080 --> 05:15:11.320 use well that's not proposed we felt that that protection was important just 05:15:11.320 --> 05:15:14.760 because of the residential nature of all the surrounding properties and with that 05:15:14.760 --> 05:15:17.480 I'd be happy to stand for any questions we do have a question for you 05:15:17.480 --> 05:15:21.760 Commissioner Ellis thank you chair Haley you mentioned HOA meetings do you know 05:15:21.760 --> 05:15:25.680 what took place at those meetings in the discussion I was I was able to attend 05:15:25.680 --> 05:15:30.000 one of those the last one they held with Oakmont I believe there were between 15 05:15:30.000 --> 05:15:33.480 and 20 people in attendance that that heard the presentation that the 05:15:33.480 --> 05:15:37.480 applicant will give tonight it seemed like there were kind of mixed reviews 05:15:37.480 --> 05:15:41.880 some felt the use was kind of the lesser of a lot of things that could go on the 05:15:41.880 --> 05:15:46.780 site that may be more more traffic or more noise generation that others had 05:15:46.780 --> 05:15:52.960 concerns with the design of the site as it was proposed thank you very much Haley 05:15:52.960 --> 05:15:56.200 this is a public hearing if anyone wishing to speak may certainly do so we 05:15:56.200 --> 05:16:01.680 just ask that you fill out a card after before you speak I believe Rick Jones 05:16:01.680 --> 05:16:05.280 this is your item we have it right this time yes that's right perfect can you 05:16:05.280 --> 05:16:08.680 set your name and address for the record 05:16:08.680 --> 05:16:21.680 okay and as the applicant you have ten minutes thank you my name is Rick Jones 05:16:21.680 --> 05:16:25.720 I'm a principal with advantage storage and commissioners I appreciate your time 05:16:25.720 --> 05:16:30.280 tonight and Haley did a great job of giving you an overview of the project 05:16:30.280 --> 05:16:34.800 some of the slide material that I have may be redundant so I'll skip through 05:16:34.800 --> 05:16:38.240 that as quickly as I can to be respectful of your time a little bit 05:16:38.240 --> 05:16:42.160 about us advantage self storage is a local storage developer and operator 05:16:42.160 --> 05:16:48.040 since 1996 we we develop we construct and we own and operate storage 05:16:48.040 --> 05:16:51.960 facilities and we have the slide indicates 40 storage developments in the 05:16:51.960 --> 05:16:58.360 Dallas Fort Worth area we currently own and manage and/or manage 45 facilities 05:16:58.360 --> 05:17:03.200 most of them in the Dallas area but we also have them in other municipalities 05:17:03.200 --> 05:17:13.200 in Arizona and Colorado some people get the idea that storage is a lesser use 05:17:13.200 --> 05:17:18.040 and it certainly is and can be and has been but with some of the modern 05:17:18.040 --> 05:17:22.520 standards and architectural designs that we have today this is more consistent 05:17:22.520 --> 05:17:26.120 with the type of although this is a four storey building it's consistent 05:17:26.120 --> 05:17:32.360 with the quality of the facilities that advantage develops the proposed as Haley 05:17:32.360 --> 05:17:35.800 has indicated consistent with the general concept plan approved for the 05:17:35.800 --> 05:17:40.120 property and it provides for the compatible arrangement of improvement so 05:17:40.120 --> 05:17:44.120 it's not adversely affect the adjoining neighborhoods we believe and provide for 05:17:44.120 --> 05:17:48.400 safe circulation vehicular traffic as she covered in detail and complies with 05:17:48.400 --> 05:17:54.760 all of the ordinances that are required for the development of the site self 05:17:54.760 --> 05:18:00.120 storage is an allowed use under the provisions of PD 176 would also indicate 05:18:00.120 --> 05:18:05.120 that some of when I met with the homeowners associations there were 05:18:05.120 --> 05:18:08.680 several people had you know individual concerns but one of the more consistent 05:18:08.680 --> 05:18:14.280 ones was that it would be a traffic problem this one driveway that goes in 05:18:14.280 --> 05:18:18.640 and out is directly across the street from I think Pine Hill Lane and several 05:18:18.640 --> 05:18:21.640 people indicated that that's a problem getting across Pine Hill since the 05:18:21.640 --> 05:18:25.880 traffic on 2499 has increased and all I would say that is we're taking three 05:18:25.880 --> 05:18:29.960 acres and as a as a commercial user of three acres we produce about the lowest 05:18:29.960 --> 05:18:35.800 amount of traffic that of any use that we know about 60 cars a day so and also 05:18:35.800 --> 05:18:39.560 compared to other types of retail that would generally have their fire lanes on 05:18:39.560 --> 05:18:43.560 the exterior perimeter of the development our fire lanes and our 05:18:43.560 --> 05:18:48.080 traffic patterns are internal to the building so it's it makes our buildings 05:18:48.080 --> 05:18:52.200 if you will buffer to the to the net neighborhood beyond so it really is a 05:18:52.200 --> 05:18:57.840 nice compatible buffer commercial use with adjacency to to single-family 05:18:57.840 --> 05:19:01.600 residential not to mention that in this case there's the hundred and fifty foot 05:19:01.600 --> 05:19:09.000 utility separation so that gives you kind of an overview of what the car wash 05:19:09.000 --> 05:19:16.720 how our proposed site plan melds with the car wash Haley kind of covered the 05:19:16.720 --> 05:19:21.720 the layout of the site plan but I didn't want to point out a few things is just 05:19:21.720 --> 05:19:25.360 you know as if storage is an approved use there's a lot of ways you can 05:19:25.360 --> 05:19:30.620 configure storage but we took care to place this two-story building along 24 05:19:30.620 --> 05:19:35.000 99 and put basically the primary entrance is this this gate right here 05:19:35.000 --> 05:19:39.800 you go in loop around that building and go in behind that building so when you 05:19:39.800 --> 05:19:43.880 drive down 24 99 or if you're exiting on Pine Hill Lane you're not going to be 05:19:43.880 --> 05:19:47.720 looking through a gate down a driveway which is a typical in fact many of our 05:19:47.720 --> 05:19:52.280 facilities are configured that way but we took care in this case to to have 05:19:52.280 --> 05:19:55.840 that driveway configured so that it doesn't impose on the neighborhood or on 05:19:55.840 --> 05:20:03.280 24 99 we talked a little bit about this buffer 150 foot buffer plus the 25 foot 05:20:03.280 --> 05:20:08.320 setback here so 175 feet really to the backs of the houses there in Wheeler 05:20:08.320 --> 05:20:13.680 Ridge and I think she's covered the size of the buildings and the set it's 85 05:20:13.680 --> 05:20:17.400 thousand gross square feet it'll be about 70 thousand net rentable and that 05:20:17.400 --> 05:20:22.860 equates to approximately 560 individual storage units you can see that we've 05:20:22.860 --> 05:20:32.360 used a mix of brick and stone cast stone and ethos to design the project we had 05:20:32.360 --> 05:20:36.200 the architect provide this slide for us to especially when we met with the 05:20:36.200 --> 05:20:42.520 Wheeler Ridge folks that that is a scale drawing if you will if you were on the 05:20:42.520 --> 05:20:46.960 fence line of those houses that back along that 150 foot utility easement 05:20:46.960 --> 05:20:51.800 looking back at the back of the property so you can see you can see the proposed 05:20:51.800 --> 05:20:54.840 landscape trees the single storey building here and then two storey 05:20:54.840 --> 05:20:58.880 building beyond and then this is the tall architectural feature that goes up 05:20:58.880 --> 05:21:05.240 to the 32 feet that that Haley mentioned I think she's covered the elevations 05:21:05.240 --> 05:21:09.680 sufficiently I did want to share with you some slides of other projects a lot 05:21:09.680 --> 05:21:14.360 of times when you know developers stand here with architectural drawings some 05:21:14.360 --> 05:21:18.360 guys do really well at you know executing those and some don't this is 05:21:18.360 --> 05:21:21.960 a facility that we just finished in Plano that is similar scale this is a 05:21:21.960 --> 05:21:26.840 two-story building that is on Independence and McDermott in Plano and 05:21:26.840 --> 05:21:30.320 it's similar in in many respects the architecture is a little different but 05:21:30.320 --> 05:21:34.240 the scale is the same in the interior shows you the quality that we developed 05:21:34.240 --> 05:21:39.000 the interior that's the office there's the entrance gate to that facility two 05:21:39.000 --> 05:21:41.720 storey building on your left single storey building on the right that'd be 05:21:41.720 --> 05:21:46.240 the same as the proposed scale this is the internal driveways again you can see 05:21:46.240 --> 05:21:50.200 the two-story building now on your right and the single storey buildings on your 05:21:50.200 --> 05:21:55.960 left this is the loading area and elevator access for the two-story 05:21:55.960 --> 05:22:00.880 buildings this is another project that we completed and it's a similar scale 05:22:00.880 --> 05:22:04.160 two-story scale completely different kind of architecture but just to show 05:22:04.160 --> 05:22:09.280 you the top of a scale that you know storage can have I wanted to close with 05:22:09.280 --> 05:22:12.920 a few slides that show what we've in the past we've proposed and what we've 05:22:12.920 --> 05:22:16.560 delivered in a few communities around the Dallas Fort Worth area this is a 05:22:16.560 --> 05:22:21.000 facility that we proposed across the street from Stoneburg Country Club in 05:22:21.000 --> 05:22:29.560 Frisco many years back and this is the project that we delivered here's a 05:22:29.560 --> 05:22:34.200 rendering of a project that we proposed and a master plan community in McKinney 05:22:34.200 --> 05:22:42.300 called Craig Ranch and this is the property that we delivered this was a 05:22:42.300 --> 05:22:47.240 quirky project that we worked with Lake Highlands Homeowner Association it's on 05:22:47.240 --> 05:22:51.360 Northwest Highway in Dallas and actually the Homeowner Association designated one 05:22:51.360 --> 05:22:56.200 of their residents an architect to guide the architecture of the building and this 05:22:56.200 --> 05:23:02.440 is what he and our architect came up with it's very unusual but this is the 05:23:02.440 --> 05:23:08.560 project that we delivered there on Northwest Highway and with that I'd be 05:23:08.560 --> 05:23:14.520 happy to answer any questions that you might have Mr. Jones I don't see any 05:23:14.520 --> 05:23:21.520 questions so great job we do have individuals wishing to speak the other 05:23:21.520 --> 05:23:26.320 card we have here is for Tom Brandt if you just state your name and address for 05:23:26.320 --> 05:23:34.240 the record my name is Tom Brandt I live at 6600 Hailing Way it's just across the 05:23:34.240 --> 05:23:40.240 street adjacent to this proposed business on right of a pine hills at 05:23:40.240 --> 05:23:47.440 Hailing Way our main concern to some even prior discussions on other 05:23:47.440 --> 05:23:51.940 businesses is property value unsightliness to the neighborhood that 05:23:51.940 --> 05:23:59.800 already exists apparently and we're finding out too that all these essential 05:23:59.800 --> 05:24:06.040 first zoning laws were implemented in 1990s our neighborhoods have developed 05:24:06.040 --> 05:24:11.360 since then but the zoning laws haven't changed to fit the criteria of developed 05:24:11.360 --> 05:24:15.680 and established neighborhoods that's mainly my concern I appreciate the 05:24:15.680 --> 05:24:22.540 people's businesses a while back we had another similar issue and we confront 05:24:22.540 --> 05:24:30.280 our the unanimous decision of Wheeler Ridge Oakmont West Oakmont which is a 05:24:30.280 --> 05:24:35.760 suburb I live we're adamantly against any industrial type related businesses to 05:24:35.760 --> 05:24:41.200 no avail some of the council people here showed pictures of other developments 05:24:41.200 --> 05:24:48.600 that others says he's had to accept none pertaining to Denton our concern is being 05:24:48.600 --> 05:24:52.600 residents that live there we've been there they're adding this into an 05:24:52.600 --> 05:24:57.680 existing neighborhood and that's just our effect I am NOT against his 05:24:57.680 --> 05:25:01.680 business I'm not against car washes put them where they should be in an 05:25:01.680 --> 05:25:05.880 industrial type area where there's already existing non-residential 05:25:05.880 --> 05:25:11.960 surrounding the total environment of a commercial business that's three stories 05:25:11.960 --> 05:25:18.400 tall whatever that is so now we've got a car wash and a storage unit and next 05:25:18.400 --> 05:25:23.280 we'll probably have maybe a pick and pull car parts if that's eligible we 05:25:23.280 --> 05:25:27.720 don't want it in our neighborhood and that's not for any particular reasons 05:25:27.720 --> 05:25:31.340 against that business it's not appropriate for that environment that 05:25:31.340 --> 05:25:36.040 they are allowed to have it in because of obscene zoning laws and apparently 05:25:36.040 --> 05:25:40.320 no one wants to change that we tried to dispute it we even appealed and 05:25:40.320 --> 05:25:45.240 successfully had a chance to appeal the other businesses that got overwritten 05:25:45.240 --> 05:25:52.160 because they overrode our neighborhoods right to decline and not have that type 05:25:52.160 --> 05:25:55.200 of business in the neighborhood so essentially it didn't mean anything 05:25:55.200 --> 05:25:58.880 because most of the attitude was that's your neighborhoods not on our neighborhood 05:25:58.880 --> 05:26:05.300 I mean that's that's how the existing residents feel about the City Council 05:26:05.300 --> 05:26:10.880 right now not all you because some of you backed it up and you have your right 05:26:10.880 --> 05:26:15.040 to your votes the only thing we can do as citizens is get the people that will 05:26:15.040 --> 05:26:21.720 endorse and support land homeowners and property owners to protect them so we're 05:26:21.720 --> 05:26:26.000 just against there's other executive professional buildings that could go in 05:26:26.000 --> 05:26:32.080 here that meet the contour of our existing neighborhood like I said the 05:26:32.080 --> 05:26:37.000 businesses are great not in our neighborhood and traffic is always an 05:26:37.000 --> 05:26:41.440 issue that needs to be addressed there but that's not the issue I'm trying to 05:26:41.440 --> 05:26:46.040 press with this business it's just the existing residents and their property 05:26:46.040 --> 05:26:51.560 values and nuisances are going to have with these types of businesses there's a 05:26:51.560 --> 05:26:56.680 business right down where I work nearby of Russell Newman it says and it's a 05:26:56.680 --> 05:27:01.160 nice-looking storage unit surrounded by industrial buildings that's what we don't 05:27:01.160 --> 05:27:05.080 want in our neighborhood it seems like we're gradually having to accept our 05:27:05.080 --> 05:27:09.400 neighborhood becoming the next industrial park of Denton that's good 05:27:09.400 --> 05:27:14.200 for people who don't live there not for the people that reside and spend 05:27:14.200 --> 05:27:18.200 hundreds and thousands of dollars on their homes and the residents just be in 05:27:18.200 --> 05:27:23.120 a good school district and everything we like about Denton so Denton is making 05:27:23.120 --> 05:27:30.600 the changes the people the residents aren't I appreciate it I just did want 05:27:30.600 --> 05:27:36.080 to have a question are there any restrictions on business hours and times 05:27:36.080 --> 05:27:41.320 of days seven days a week people have access all night long into this area of 05:27:41.320 --> 05:27:49.240 our neighborhood or is there going to be any constraints on that so there's not 05:27:49.240 --> 05:27:57.560 any current restraints on 724 I'm not sure the hours of operation I think I 05:27:57.560 --> 05:28:01.280 appreciate you coming on speaking I think that the challenge we're going to 05:28:01.280 --> 05:28:07.000 have to your points as a commission is in the year 2000 Wheeler Ridge came in 05:28:07.000 --> 05:28:10.680 and planned out a development and they at that time said this area is for 05:28:10.680 --> 05:28:14.120 commercial this is for houses this area's another section of it is for 05:28:14.120 --> 05:28:18.520 commercial which is what we're hearing tonight so 18 years ago a neighborhood 05:28:18.520 --> 05:28:23.720 came through laid out this plot of land and designated this particular property 05:28:23.720 --> 05:28:28.840 for commercial use and so I certainly appreciate and understand your concerns I 05:28:28.840 --> 05:28:33.840 had relatives that lived on pine hills I'm aware of that traffic flow but again 05:28:33.840 --> 05:28:37.780 the challenge will be it's been designated for 18 years that that 05:28:37.780 --> 05:28:41.860 property is to be used as commercial so I just want you to see where our 05:28:41.860 --> 05:28:46.800 challenge will be tonight in this vote when our problem is - we're only allowed 05:28:46.800 --> 05:28:53.440 in typical H ways that we all have and had to abide by is height of our privacy 05:28:53.440 --> 05:28:59.200 fences when you put a 30-foot building behind an 8-foot privacy fence ain't 05:28:59.200 --> 05:29:07.960 going to hide it so anyhow I appreciate it my concern would be access hours and 05:29:07.960 --> 05:29:12.640 days of the week and you know it's going to be something that people can go in 05:29:12.640 --> 05:29:16.400 and out all night long and and and security issues for the local 05:29:16.400 --> 05:29:22.080 neighborhood understand these types of businesses no nothing personal but some 05:29:22.080 --> 05:29:25.800 of the things they attract make people want to go shopping for storage units so 05:29:25.800 --> 05:29:30.240 he puts things in that aren't theirs bottom line sir I understand your points 05:29:30.240 --> 05:29:32.760 I appreciate you coming out and localizing them okay thank you very much 05:29:32.760 --> 05:29:37.240 thank you this is a public hearing anyone wishing to speak may certainly do 05:29:37.240 --> 05:29:43.680 so seeing none I will close the public hearing and turn to the dais for 05:29:43.680 --> 05:29:48.720 conversation discussion or motion Commissioner Smith thank you I live in 05:29:48.720 --> 05:29:54.320 the neighborhood just writing that the very last didn't edge of Oakmont but I 05:29:54.320 --> 05:29:58.640 bought my home I knew that 2499 was gonna be expanded from where it ended at 05:29:58.640 --> 05:30:04.040 2181 all the way up to 35 then across 35 and would eventually will be taking 05:30:04.040 --> 05:30:10.540 over all of Mayhill all the way to 380 but that area is is designed and and is 05:30:10.540 --> 05:30:14.280 best use is going to be commercial and this neighborhood I think understood 05:30:14.280 --> 05:30:19.800 that knowing that the textile right away was there in existence 18 years ago so I 05:30:19.800 --> 05:30:25.360 want to make a motion in support of the project we have a first for approval 05:30:25.360 --> 05:30:29.480 Commissioner pernetta a second that motion we have a first and a second for 05:30:29.480 --> 05:30:35.480 approval seeing no discussion I'll call for a vote on the board 05:30:35.480 --> 05:30:45.600 the motion carries seven zero congratulations the next item of 05:30:45.600 --> 05:30:53.120 business is item 3f a esa 18 - - I'll invite Julie Wyatt for presentation and 05:30:53.120 --> 05:30:55.960 open to public hearing 05:31:15.600 --> 05:31:25.280 all right I'm Julie Wyatt senior planner I'm going to start out discussing this 05:31:25.280 --> 05:31:30.200 ESA or alternative ESA plan and then I'm going to have Christy Upton come up to 05:31:30.200 --> 05:31:34.200 and talk to you about really the the the meat of the request and the technical 05:31:34.200 --> 05:31:41.200 aspect so so this is alternative ESA 18 - villages of Carmel so the request 05:31:41.200 --> 05:31:45.680 before you is to consider a recommendation for an alternative ESA 05:31:45.680 --> 05:31:51.520 plan environmentally sensitive area it's to restore a cross timbers habitat 05:31:51.520 --> 05:31:55.720 upland habitat on approximately two tenths of an acre and then to also 05:31:55.720 --> 05:32:00.840 restore a riparian stream buffer on about one acre and you can see that the 05:32:00.840 --> 05:32:06.320 subject property it's in two places here it is in yellow this is the upland 05:32:06.320 --> 05:32:12.920 habitat and then there is a riparian buffer in this area so just give you a 05:32:12.920 --> 05:32:16.560 little bit of historical context and then I'll I'll turn it over to Christy so 05:32:16.560 --> 05:32:23.840 the preliminary plot for phases 4b and 5b were approved in 2015 and within 05:32:23.840 --> 05:32:31.040 that included two areas a an upland habitat or a tree stand an isolated 05:32:31.040 --> 05:32:37.760 tree stand in this area and then a riparian buffer in this area as part of 05:32:37.760 --> 05:32:43.760 that development the applicant wanted to to pursue an alternative ESA plan so 05:32:43.760 --> 05:32:47.400 they came before the Planning and Zoning Commission and ultimately City 05:32:47.400 --> 05:32:53.680 Council and within that plan they they wanted to swap property the riparian 05:32:53.680 --> 05:32:59.000 buffer for some trees in that tree stand that upland habitat they wanted to 05:32:59.000 --> 05:33:04.100 develop that riparian buffer with some houses so so that was approved in 2016 05:33:04.100 --> 05:33:07.480 that swap of land and met the criteria for approval and they and it moved 05:33:07.480 --> 05:33:12.000 forward the development move forward the final plot for 4b was approved as well 05:33:12.000 --> 05:33:22.840 as 5b as part of grading for 5b the the applicant inadvertently took down some 05:33:22.840 --> 05:33:26.400 trees that were in that upland habitat that was intended to be 05:33:26.400 --> 05:33:31.520 preserved and also remove the topsoil this was a result of a grading plan 05:33:31.520 --> 05:33:34.800 that was done with the preliminary plot that then didn't follow over to the 05:33:34.800 --> 05:33:40.940 final plot but that grading plan was was in the mix and it did a result in the 05:33:40.940 --> 05:33:46.000 loss of those trees so the applicant approached the city in 2018 last 05:33:46.000 --> 05:33:51.120 summer and said we cut down some trees what do we do and so we we met with them 05:33:51.120 --> 05:33:54.800 we talked internally and we felt like the best course of action was for them 05:33:54.800 --> 05:34:00.400 to move forward with a revision to that original alternative ESA plan and and 05:34:00.400 --> 05:34:05.520 come forward with a restoration plan so that's where we are today and and they're 05:34:05.520 --> 05:34:08.600 moving forward that restoration plan and now I'm gonna have Christy talk to you 05:34:08.600 --> 05:34:16.920 about the parameters of that plan thank you Julie Christy Upton environmental 05:34:16.920 --> 05:34:20.780 compliance coordinator and I'm gonna give you a little bit more details about 05:34:20.780 --> 05:34:27.680 this timeline so bear with me I'm gonna try to go over some of what Julie 05:34:27.680 --> 05:34:35.960 explained and give you more details so in 2008 the city conducted an assessment 05:34:35.960 --> 05:34:41.080 of the upland habitat and one of the criteria for this upland this 05:34:41.080 --> 05:34:47.160 cross timbers upland habitat to to continue its designation is that a it 05:34:47.160 --> 05:34:54.520 remain ten acres or greater and by the the time that this assessment was done 05:34:54.520 --> 05:35:00.000 there was five point eight acres of that tree stand and it was so the 05:35:00.000 --> 05:35:04.600 designation was removed because it no longer met that criteria and we're now 05:35:04.600 --> 05:35:10.280 going to refer to this as the eight ESA which will be important as we we go 05:35:10.280 --> 05:35:18.160 forward in this presentation in 2015 the city conducted another assessment and of 05:35:18.160 --> 05:35:23.320 the riparian buffer it was an unnamed tributary of pecan Creek and it was 05:35:23.320 --> 05:35:30.640 considered an ephemeral stream and the riparian buffer that the city has set 05:35:30.640 --> 05:35:38.360 for this because of the drainage area to it is 50 feet on each side of the creek 05:35:38.360 --> 05:35:43.720 and thus it's a hundred hundred feet back to back it was rated in fair 05:35:43.720 --> 05:35:48.520 condition using the rapid stream assessment tool that the city had uses 05:35:48.520 --> 05:35:56.880 for assessing riparian buffers and we'll consider this the original ESA as Julie 05:35:56.880 --> 05:36:05.280 mentioned there was the ADP in 2016 and this was approved with the original ESA 05:36:05.280 --> 05:36:13.280 being swapped for the all ESA so they removed the approval was to remove the 05:36:13.280 --> 05:36:21.560 riparian buffer in for in exchange to preserve two acres of the original I 05:36:21.560 --> 05:36:28.920 mean of the all ESA sorry now I'm getting myself mixed up all right so what 05:36:28.920 --> 05:36:33.880 happened with the upland habitat as Julie explained was that due to an 05:36:33.880 --> 05:36:37.880 inconsistency between the grading plans and the final plot there was 05:36:37.880 --> 05:36:46.880 approximately 0.23 acres of the all ESA that was graded and prior to that 05:36:46.880 --> 05:36:53.920 grading occurring the applicant had conducted a tree survey and that showed 05:36:53.920 --> 05:37:01.080 195 caliber inches in that graded area so we do know that there was 195 inches 05:37:01.080 --> 05:37:07.920 of trees that were in that area what we do not have is trees that were less than 05:37:07.920 --> 05:37:17.520 six inches and any understory this is some photographs that were taken a few 05:37:17.520 --> 05:37:24.400 days after the encroachment occurred kind of give you an idea and then in 05:37:24.400 --> 05:37:31.320 addition to that and think somewhere around 2018 and there was some earthwork for the sidewalk 05:37:31.320 --> 05:37:36.400 construction along Mist Harbor trail that resulted in some understory 05:37:36.400 --> 05:37:42.920 impacts where the contractors as they were building that sidewalk used or 05:37:42.920 --> 05:37:48.000 moved some of that earthwork into the understory and thus removing the 05:37:48.000 --> 05:37:57.960 understory in in that general location also with that ADP 16 2001 I mean sorry 05:37:57.960 --> 05:38:04.040 one that they was approval to remove that riparian buffer designation they 05:38:04.040 --> 05:38:10.760 also received approval from the Army Corps of Engineers to get coverage 05:38:10.760 --> 05:38:15.880 under the nationwide permit that allows for coverage and allows for fill of up 05:38:15.880 --> 05:38:23.320 to 300 linear feet of the ephemeral stream there was inadvertently there was 05:38:23.320 --> 05:38:34.120 702 linear feet filled of that riparian of that femoral stream so the applicant 05:38:34.120 --> 05:38:41.520 is the is proposing to mitigate for both the riparian buffer and the upland 05:38:41.520 --> 05:38:48.400 habitat and the criteria for approval for this all isa is to create and 05:38:48.400 --> 05:38:53.360 expand or improve preserved areas to improve encroach and habitat or 05:38:53.360 --> 05:38:58.760 environment to maintain habitat continuity to maximize public access and 05:38:58.760 --> 05:39:05.160 utilization to preserve create preservation of the protected area and 05:39:05.160 --> 05:39:10.680 perpetuity and create a high quality development and staff feels that they 05:39:10.680 --> 05:39:14.920 have met these criteria except for the improved encroached habitat or 05:39:14.920 --> 05:39:18.040 environment because we feel that this does not apply to this particular 05:39:18.040 --> 05:39:26.040 project the restoration strategy is to restore 402 linear feet of the original 05:39:26.040 --> 05:39:32.480 isa riparian buffer which they have worked with the Army Corps of Engineers 05:39:32.480 --> 05:39:39.320 to restore that buffer so that part will will be down under the Corps of 05:39:39.320 --> 05:39:45.720 Engineers mitigation plan what they are proposing for the city of Denton is to 05:39:45.720 --> 05:39:53.060 take 177 of the 195 tree caliber inches and to recreate an upland habitat at the 05:39:53.060 --> 05:40:01.400 edges of that riparian buffer so that it will increase the entire area of the 05:40:01.400 --> 05:40:10.960 restoration the the 177 tree 177 tree caliber inches plus an American 05:40:10.960 --> 05:40:16.400 Beautyberry shrub and post oak seedlings and a blackland prairie seed mix will be 05:40:16.400 --> 05:40:24.760 used along that area to recreate the upland habitat the other strategy is 05:40:24.760 --> 05:40:31.440 along the all isa portion of the property the the two acres that were 05:40:31.440 --> 05:40:37.160 preserved and the point two three acres that were encroached upon they will be 05:40:37.160 --> 05:40:43.800 restoring that to upland habitat by creating a mix of savanna and trees and 05:40:43.800 --> 05:40:48.880 they will be using the blackland prairie seed mix and the remaining 18 tree 05:40:48.880 --> 05:40:57.520 caliber inches that were removed to harness the lot and this is an example 05:40:57.520 --> 05:41:04.720 of the blackland prairie mix additionally the applicant will be 05:41:04.720 --> 05:41:13.560 bringing in topsoil to restore the the area and to promote plant viability and 05:41:13.560 --> 05:41:20.120 we'll be bringing in landscape irrigation to both sites to promote plant 05:41:20.120 --> 05:41:28.280 viability and to implement an infrequent or no mowing schedule schedule to 05:41:28.280 --> 05:41:35.920 promote the natural habitat progression and then install educational signs along 05:41:35.920 --> 05:41:41.880 the sidewalks so to help the community understand the importance of the 05:41:41.880 --> 05:41:51.800 cross timbers upland habitat this is an example of a sign public sign the 05:41:51.800 --> 05:41:58.380 applicant is also offering long-term management and monitoring to ensure 05:41:58.380 --> 05:42:03.520 viability of the of the plan the applicant will replace any dead plant 05:42:03.520 --> 05:42:10.680 material and will repair any eroded land and remove any trash and will create an 05:42:10.680 --> 05:42:16.160 annual report to environmental services for up to three years where the report 05:42:16.160 --> 05:42:23.280 will include work performed the current survivability of the plantings and any 05:42:23.280 --> 05:42:29.520 condition of the trees at the edge of the all ESA clearing and after three 05:42:29.520 --> 05:42:35.480 years the city environmental services staff will conduct an inspection and 05:42:35.480 --> 05:42:44.200 will issue final acceptance based upon the conditions being met staff is 05:42:44.200 --> 05:42:49.880 recommending approval with the following conditions that 195 tree caliper inches 05:42:49.880 --> 05:42:55.080 35 American Beauty berry shrubs and blackland sea and prairie seed mix and 05:42:55.080 --> 05:43:02.600 riparian recovery seed mix be planted half an acre of adjacent that is adjacent 05:43:02.600 --> 05:43:07.280 to the Army Corps of us Army Corps of engineer restoration project will be 05:43:07.280 --> 05:43:13.040 planted according to the alternate ESA plan and the point two three acres of 05:43:13.040 --> 05:43:16.600 crest timbers upland habitat will be restored to call according to the 05:43:16.600 --> 05:43:22.280 alternative ESA plan annual reporting during the first three years describing 05:43:22.280 --> 05:43:27.240 the cumulative mitigation work performed and the survivability of plants will be 05:43:27.240 --> 05:43:33.720 submitted for staff and inspections plants install as part of the proposed 05:43:33.720 --> 05:43:37.440 native flora vegetation are to be installed and maintained for that three 05:43:37.440 --> 05:43:44.120 year period to achieve a 90% survival rate in addition a bond letter or credit 05:43:44.120 --> 05:43:51.840 or escrow and the amount of $24,375 which is $125 per tree caliper 05:43:51.840 --> 05:43:57.040 inches are to be to be planted should be provided to the city within the 60 days 05:43:57.040 --> 05:44:01.840 of this approval and then upon completion of that three-year landscaping 05:44:01.840 --> 05:44:07.040 establishment period the city will inspect the trees and we'll be looking 05:44:07.040 --> 05:44:20.360 for that 90% survival rate and that bond would be returned upon that success then 05:44:20.360 --> 05:44:27.200 the last recommendation is a new recommendation that staff has added and 05:44:27.200 --> 05:44:32.160 we are recommending also that the homeowners Association documents be 05:44:32.160 --> 05:44:39.160 created and filed for the two lots so that the homeowners Association purpose 05:44:39.160 --> 05:44:44.960 will have the purpose of preserving the ESA in perpetuity and any maintenance of 05:44:44.960 --> 05:44:50.480 these lots will be done in accordance with sub chapter 17 ESA standards and a 05:44:50.480 --> 05:44:55.040 copy of those HOA documents be provided to the city no longer than the final 05:44:55.040 --> 05:45:03.640 annual report and with that I'll turn it back over to Julie real quick to add in 05:45:03.640 --> 05:45:10.800 some information about notifications the city did send out notification of the 05:45:10.800 --> 05:45:14.760 request we have received three letters in opposition and you can see it's 05:45:14.760 --> 05:45:20.640 kind of tiny but it is right in this location and I provided those to you 05:45:20.640 --> 05:45:23.680 this evening and it seems like that their main concerns have to do with 05:45:23.680 --> 05:45:27.840 drainage in the area the proposal wouldn't add any additional impervious 05:45:27.840 --> 05:45:34.120 surface so so just to let you know about what what those concerns were and I 05:45:34.120 --> 05:45:38.600 believe the applicant is here perfect we actually have a question I'm not sure who 05:45:38.600 --> 05:45:42.320 it's for Commissioner Beck it can be either one of you thank you chair thank 05:45:42.320 --> 05:45:46.200 you Julie thank you Christy well done it was well it was thorough presentation 05:45:46.200 --> 05:45:53.400 appreciate it I was here when this development removed that repairing 05:45:53.400 --> 05:45:56.200 buffer in the beginning so I'm delighted to see we're getting part of it back 05:45:56.200 --> 05:46:01.280 looks like we're getting 402 of the 702 that was there originally is that 05:46:01.280 --> 05:46:10.600 correct yes sir okay and of that alt ESA up there that it's two acres is that 05:46:10.600 --> 05:46:15.520 correct the original alternative ESA was for two acres the impacted area is only 05:46:15.520 --> 05:46:20.440 two-tenths of an acre so just where the tree is a small portion of it yes sir so 05:46:20.440 --> 05:46:29.240 everything well that little square you just showed them is that the acre is that 05:46:29.240 --> 05:46:35.920 so the entire alternative ESA was this area right here right the area we're 05:46:35.920 --> 05:46:40.440 talking about is just about this little area right okay what about the rest of 05:46:40.440 --> 05:46:45.680 these is it not there anymore intact okay so that's still there and will be 05:46:45.680 --> 05:46:54.160 preserved correct okay good deal thank you I do not see any other questions we 05:46:54.160 --> 05:46:56.880 this is a public hearing and so if you wish to speak on this item you're more 05:46:56.880 --> 05:47:01.440 welcome to do so we just ask that you fill out a card we do have one card here 05:47:01.440 --> 05:47:11.600 and is the applicant Justin Bono Bono and as the applicant you have ten minutes 05:47:11.600 --> 05:47:17.160 to speak if you just state your name and address for the record yeah thank you 05:47:17.160 --> 05:47:21.820 commissioner and chair and commissioners Justin Bono I'm the manager of Astra 05:47:21.820 --> 05:47:25.840 Carmel LLC the developer of the project I actually don't have anything to add I 05:47:25.840 --> 05:47:32.240 think Julie and Christy did a great job of covering a complex situation on two 05:47:32.240 --> 05:47:35.320 tenths of an acre of land so that we've been working through for the last 05:47:35.320 --> 05:47:41.400 several months but be glad to stand for any questions that that you do have sure 05:47:41.400 --> 05:47:45.400 I appreciate being here for that I do not see any questions at this time well 05:47:45.400 --> 05:47:51.160 nevermind Tricia Smith are you guys willing are you guys willing to take on 05:47:51.160 --> 05:47:58.920 the new recommendation and for the HOA yes and I think it's that's I appreciate 05:47:58.920 --> 05:48:02.480 you raising that issue it's important to note that on our final plat both of 05:48:02.480 --> 05:48:06.520 these areas are already labeled as common areas on our final plat so there's 05:48:06.520 --> 05:48:11.920 really no change in intent of having the HOA maintain those areas it was already 05:48:11.920 --> 05:48:16.480 the intent for the HOA to do that we'll obviously need to put some belt and 05:48:16.480 --> 05:48:21.340 suspenders in the documents depending on what ends up moving forward through you 05:48:21.340 --> 05:48:26.600 guys and through council as to the specifics of what they need to do but 05:48:26.600 --> 05:48:32.520 but the intent was always for the HOA to maintain these areas that are labeled as 05:48:32.520 --> 05:48:35.920 common areas on the final plat. Do you, in case of just a response to that, do you 05:48:35.920 --> 05:48:38.960 feel like the recommendations being made by staff has got enough detail in there 05:48:38.960 --> 05:48:42.280 where you can have the direction to how to put in the belts and suspenders as 05:48:42.280 --> 05:48:47.560 you? I think so well yeah and we obviously submitted a detailed proposed 05:48:47.560 --> 05:48:52.680 report on how to deal with this and the details are in the report in our 05:48:52.680 --> 05:48:57.160 proposed report that the staff is recommending approval of too. Thanks. 05:48:57.160 --> 05:49:02.920 Thank you. This is a public hearing anyone wishing to speak may certainly do 05:49:02.920 --> 05:49:10.400 so. Seeing none I will close the public hearing and turn to the dais for 05:49:10.400 --> 05:49:15.320 discussion or motion. Commissioner Smith. Make a motion to approve with staff 05:49:15.320 --> 05:49:25.680 recommendations. We have a first for approval. Commissioner Cole. We 05:49:25.680 --> 05:49:30.040 have a second for approval with those conditions. We have a first and second 05:49:30.040 --> 05:49:35.080 for approval. Any discussion on the item? Seeing none we'll call for a vote on the 05:49:35.080 --> 05:49:37.200 board. 05:49:41.240 --> 05:49:58.000 Motion carries 7-0. The next item of business is 3G Z18-0028A. I'll 05:49:58.000 --> 05:50:03.280 invite Julie Wyatt for presentation and open the public hearing. 05:50:09.040 --> 05:50:11.920 All right. 05:50:11.920 --> 05:50:28.640 All right this next item is a zoning case. It is Z18-28 Audre Heights. The request 05:50:28.640 --> 05:50:36.480 before you is for rezoning for 8.7 acres from neighborhood residential mixed use 05:50:36.480 --> 05:50:41.840 12 to neighborhood residential mixed use. The subject property is located on the 05:50:41.840 --> 05:50:50.720 north side of Audre just to the west of loop 288. This is a this is a depiction 05:50:50.720 --> 05:50:55.240 of the current zoning. Under the current zoning is the NRMU 12 and you can see 05:50:55.240 --> 05:51:00.000 that in orange. Adjacent to it you have NRMU between the subject property and 05:51:00.000 --> 05:51:05.760 loop 288. NRMU 12 is also to the south of the subject property. There's also NR4 05:51:05.760 --> 05:51:11.520 which is one of our residential zoning districts. NR3 and NR2 which are are 05:51:11.520 --> 05:51:16.360 also lower density residential zoning districts. You have NRMU to the north as 05:51:16.360 --> 05:51:21.760 well. The applicant is proposing to extend that existing NRMU to the west 05:51:21.760 --> 05:51:27.120 for the existing development as you can see in this picture right here. A little 05:51:27.120 --> 05:51:32.400 bit of background on on how we got here. So as I said the subject property has a 05:51:32.400 --> 05:51:37.960 zoning designation of NRMU 12. The applicant is proposing a townhome 05:51:37.960 --> 05:51:42.200 development. As you can see there was a preliminary plat that was approved in 05:51:42.200 --> 05:51:51.240 2017 that depicted townhomes as well as a right-of-way and an alleys. The maximum 05:51:51.240 --> 05:51:55.920 lot coverage under current zoning is 60% and in the city of Denton lot coverage 05:51:55.920 --> 05:52:01.960 includes all impervious surface. So that is buildings and any driveways sidewalks. 05:52:01.960 --> 05:52:06.800 This layout that they proposed was based upon a misapplication of the Denton 05:52:06.800 --> 05:52:11.280 Development Code and actually in subchapter 13 of the Denton Development 05:52:11.280 --> 05:52:19.520 Code. That section states that pervious driveways, if they're constructed with 05:52:19.520 --> 05:52:24.440 grass creed or pavers or something that rain could get through, would not count 05:52:24.440 --> 05:52:29.840 toward lot coverage but would instead be counted as a landscape area. And so that 05:52:29.840 --> 05:52:33.480 was how townhome developments really went in the city of Denton for a very long 05:52:33.480 --> 05:52:37.680 time is that that application of that provision that they would put make the 05:52:37.680 --> 05:52:42.920 driveways pervious and that way they met the lot coverage requirements. Early 05:52:42.920 --> 05:52:47.600 last year the city reevaluated the parking standards for residential 05:52:47.600 --> 05:52:51.880 development and and as part of that analysis and as part of looking in the 05:52:51.880 --> 05:52:56.080 code we went back and looked at that provision and and determined that that 05:52:56.080 --> 05:53:01.920 that provision was actually misapplied and in fact that the part of it actually 05:53:01.920 --> 05:53:08.080 states that it it removes single-family and duplexes from that provision and so 05:53:08.080 --> 05:53:12.040 that driveways even if they were made with a pervious surface would still 05:53:12.040 --> 05:53:19.440 count toward lot coverage. So so with that discovery the applicant submitted 05:53:19.440 --> 05:53:23.240 for a final plot because they had the the approved preliminary plot they 05:53:23.240 --> 05:53:27.480 submitted a final plan we let them know it's gonna be difficult to develop your 05:53:27.480 --> 05:53:32.920 site because you because meeting 60% lot coverage on your lot sizes is is gonna 05:53:32.920 --> 05:53:39.440 be hard to do. So we discussed what their options were and they have proposed to 05:53:39.440 --> 05:53:45.040 rezone the property or request to rezone to NRMU because that would allow 80% 05:53:45.040 --> 05:53:48.800 lot coverage that would allow them to get the driveway in the building and so 05:53:48.800 --> 05:53:52.920 that so that's that's why we're here tonight. So the criteria for approval are 05:53:52.920 --> 05:53:57.160 in subchapter 3 of the Denton Development Code and it we look at the 05:53:57.160 --> 05:54:00.200 the future land use element in the Denton plan and then also the public 05:54:00.200 --> 05:54:05.800 facilities. So we'll look at criteria number one the Denton plan 2030. There's 05:54:05.800 --> 05:54:10.160 two future land use designations that actually apply to the property it's 05:54:10.160 --> 05:54:14.880 really on the edge. We have moderate residential and neighborhood mixed use. 05:54:14.880 --> 05:54:21.480 Moderate residential is one of our more urban residential future land use 05:54:21.480 --> 05:54:26.720 designations. It allows densities up to 12 dwelling units per acre. It 05:54:26.720 --> 05:54:31.680 encourages a variety of housing types and smaller single-family duplex town 05:54:31.680 --> 05:54:35.760 homes. But development should maintain that scale and character of the 05:54:35.760 --> 05:54:42.080 surrounding area. Neighborhood mixed use is is more as you get toward loop 288 05:54:42.080 --> 05:54:47.640 and that really folds in that commercial and service component. So it it looks to 05:54:47.640 --> 05:54:53.040 add those those essential services the day-to-day uses to for those those 05:54:53.040 --> 05:54:59.720 surrounding neighborhoods. So it's not a a primarily residential zone or future 05:54:59.720 --> 05:55:05.280 land use designation. So when we look at this and when we analyze our across we 05:55:05.280 --> 05:55:10.120 really had to borrow from both future land use designations and really look at 05:55:10.120 --> 05:55:16.500 and look at both of them as a guide as where to go and and when you look at the 05:55:16.500 --> 05:55:22.320 future land use. That really is the high level view of the way that the city 05:55:22.320 --> 05:55:26.240 should develop. So as you get closer to zoning you really need to look at that 05:55:26.240 --> 05:55:30.760 pattern of development and how that how that zoning affects the pattern of 05:55:30.760 --> 05:55:37.280 development. And in this instance what you can do is look at how the future land 05:55:37.280 --> 05:55:42.500 use and then the resulting zoning should allow transition the area to transition 05:55:42.500 --> 05:55:47.840 in development scale and intensity and in particularly from the west toward the 05:55:47.840 --> 05:55:51.640 east. So if you'll look at the low residential in this area here the yellow 05:55:51.640 --> 05:55:58.120 as as you move toward loop 288 you really can see how how the the future land use 05:55:58.120 --> 05:56:04.080 scale increases and then the zoning increases as well. So so that that 05:56:04.080 --> 05:56:07.640 those transition areas are really important because it does allow for that 05:56:07.640 --> 05:56:13.960 gradual increase or decrease. The proposed townhome development is 05:56:13.960 --> 05:56:19.200 consistent with both future land use designations. However staff feels like 05:56:19.200 --> 05:56:23.440 NRMU is just a little too intense for this area that it could disrupt that 05:56:23.440 --> 05:56:29.900 progression in that transition area and increase the intensity in a place that 05:56:29.900 --> 05:56:34.760 it really shouldn't be increased. We feel that NRMU is more consistent with that 05:56:34.760 --> 05:56:39.400 neighbor the purely neighborhood mixed use rather than the moderate density 05:56:39.400 --> 05:56:43.720 moderate residential or at that cusp of the moderate residential and neighborhood 05:56:43.720 --> 05:56:48.920 mixed use. We feel like the the existing zoning is more consistent with both 05:56:48.920 --> 05:56:53.440 future land use designations because it does bring in both elements. It brings in 05:56:53.440 --> 05:56:57.920 the variety of housing but with the reduced densities the reduced reduced 05:56:57.920 --> 05:57:03.160 building heights and it pulls out those commercial uses. We look at the use 05:57:03.160 --> 05:57:07.140 comparison. I'm only showing the uses that actually are different between the 05:57:07.140 --> 05:57:12.120 two zoning district but I think it highlights that NRMU 12 permits things 05:57:12.120 --> 05:57:15.640 like duplexes and single-family dwellings whereas NRMU doesn't and it 05:57:15.640 --> 05:57:20.480 really goes more to that commercial side. NRMU permits things like hotels, 05:57:20.480 --> 05:57:28.000 restaurants, bars, those those a little higher intensity commercial type uses 05:57:28.000 --> 05:57:31.560 that could be incompatible with the surrounding residential areas 05:57:31.560 --> 05:57:35.320 particularly our low density residential areas to the south and to the west of 05:57:35.320 --> 05:57:41.160 the subject property. NRMU also permits a maximum density of up to 30 dwelling 05:57:41.160 --> 05:57:45.520 units per acre which really is increases that density and then building height 05:57:45.520 --> 05:57:50.840 goes up to 65 feet which is higher than the existing 40 and the surrounding 40. 05:57:50.840 --> 05:57:54.960 We also look at adequate public improvements. While the proposal does 05:57:54.960 --> 05:57:59.520 not increase the density of the development it would increase the 05:57:59.520 --> 05:58:04.880 intensity of development so keep that in mind. The trip generation analysis 05:58:04.880 --> 05:58:10.880 did not rise to the level of a TIA and and essentially that the uses that are 05:58:10.880 --> 05:58:16.000 that they're requesting are consistent with what could be developed today. Here's 05:58:16.000 --> 05:58:20.440 some pictures of the subject property. This is looking across the street 05:58:20.440 --> 05:58:25.600 toward the subject property and toward loop 288 off in the distance. This is 05:58:25.600 --> 05:58:30.040 kind of near the subject property looking then on the south side of Audra 05:58:30.040 --> 05:58:35.640 and clipping that that residential neighborhood to the south. This is from 05:58:35.640 --> 05:58:40.960 across the street looking at an existing duplex development that is adjacent to 05:58:40.960 --> 05:58:44.640 the subject property and then here's that that lower density single-family 05:58:44.640 --> 05:58:49.400 dwelling or a single-family neighborhood to the south of Audra. There are 05:58:49.400 --> 05:58:53.400 adequate public improvements in the area in terms of water and sewer they 05:58:53.400 --> 05:58:57.640 could tie on to existing connections. So just other findings that the staff 05:58:57.640 --> 05:59:03.880 looked at. So we feel like if approved NRMU would reduce that transition area 05:59:03.880 --> 05:59:07.640 would increase the intensity of development in the subject property in a 05:59:07.640 --> 05:59:12.720 way that would be incompatible with the surrounding neighborhoods. However if you 05:59:12.720 --> 05:59:17.480 did opt to recommend approval we do request we would suggest some overlay 05:59:17.480 --> 05:59:21.560 conditions just to increase that conformance. First to restrict the use 05:59:21.560 --> 05:59:26.920 permitted uses down to that townhome with that limitation 40 which limits 05:59:26.920 --> 05:59:31.440 that maximum number of dwelling units to 12 per acre. To reduce the building 05:59:31.440 --> 05:59:35.920 height to 40 feet which is consistent with what is out there what is what is 05:59:35.920 --> 05:59:44.440 permitted today and then also to to have common area lots adjacent to Audra to 05:59:44.440 --> 05:59:50.080 provide that transition from the development to the single-family to the 05:59:50.080 --> 05:59:56.000 south. Provide that buffer area and those common area lots to include a screening 05:59:56.000 --> 06:00:01.400 wall as well as landscaping in the form of a type B buffer which is a ten foot 06:00:01.400 --> 06:00:05.880 strip with five evergreen or and deciduous trees and 30 shrubs per 100 06:00:05.880 --> 06:00:12.000 linear feet. Notification was sent out we did I did receive one written notice one 06:00:12.000 --> 06:00:18.240 in opposition. It's outside of the 200 foot buffer it's it's to the it's off of 06:00:18.240 --> 06:00:22.440 Audra to the west of the site. Signs were posted on the site and they did have a 06:00:22.440 --> 06:00:27.320 neighborhood meeting. So based upon the criteria of approval and conformance 06:00:27.320 --> 06:00:31.560 with the comprehensive plan staff recommends denial of the request. I'll 06:00:31.560 --> 06:00:37.400 stand for any questions and the applicant is here. Thank you very much 06:00:37.400 --> 06:00:43.560 Julie we do have a question. Commissioner Ellis. Thank You Chair Julie I'll ask you 06:00:43.560 --> 06:00:48.160 were you at the neighborhood meeting? Do you know? I was at another meeting that 06:00:48.160 --> 06:00:52.440 night so I got in at the at the very end so I really didn't hear a lot of the 06:00:52.440 --> 06:00:58.960 discussion regarding it. I believe there were concerns about traffic and but but 06:00:58.960 --> 06:01:04.880 I don't know all of the concerns. Okay and I assume I'm sorry one more question 06:01:04.880 --> 06:01:13.240 that rezoning was the only option that you saw for it's the cleanest option in 06:01:13.240 --> 06:01:25.000 this in this scenario. They have you know it was the way for for the community to 06:01:25.000 --> 06:01:32.800 to to hear what they're wanting to do and also to for them to seek to get that 06:01:32.800 --> 06:01:36.760 lot coverage that that would be that would be consistent with their 06:01:36.760 --> 06:01:41.680 regulations. And did you go over with them any of your recommendations if it 06:01:41.680 --> 06:01:47.600 was approved? Your overlay because I assume that would impede the project as 06:01:47.600 --> 06:01:52.560 initially intended. Well I have provided it to them. I don't think they have any 06:01:52.560 --> 06:01:58.280 concerns regarding the restriction of the uses. They may have concerns about 06:01:58.280 --> 06:02:02.080 that buffer area along Audra. 06:02:03.720 --> 06:02:16.120 Commissioner Beck. Thank you chair. To answer Commissioner Ellis's question and to come to the aid of our illustrious Julie Wyatt, I was at the 06:02:16.120 --> 06:02:21.000 meeting for the full deal and the main concern was how Audra would handle the 06:02:21.000 --> 06:02:27.120 traffic. It's a poor road right now. It ends into loop 288 and you can only turn 06:02:27.120 --> 06:02:32.520 right. I think there's projections of looping it around where it will connect 06:02:32.520 --> 06:02:36.000 with another street where they can cross over but that was their main concern. 06:02:36.000 --> 06:02:42.840 The other concern that I think the developer alleviated some was you know 06:02:42.840 --> 06:02:47.800 too many people. Right now that where those duplexes are is mainly students. 06:02:47.800 --> 06:02:53.320 They're noisy. They're messy. They're rowdy. They thought this development was going to be similar to it but we were pretty well 06:02:53.320 --> 06:02:55.840 assured that it was going to be something totally different. So that was 06:02:55.840 --> 06:03:00.960 the gist of it and there were about six people there. 06:03:00.960 --> 06:03:10.000 Julie I have a question for you. Looking at the geography of the lot, it's 06:03:10.000 --> 06:03:17.760 skinny and long and it appears to mimic nearly exactly the same sort of 06:03:17.760 --> 06:03:30.840 original platting on the street to its west. The city believes that MRMU 12 is 06:03:30.840 --> 06:03:36.800 better. Am I understanding correctly that you think that's a better preferred, not 06:03:36.800 --> 06:03:43.280 you, but staff believes that that is the preferred zoning not the MRMU, correct? 06:03:43.280 --> 06:03:48.960 Well in the request and this one is is is challenging because there's a really 06:03:48.960 --> 06:03:53.280 specific project that they're they're moving forward with but when we analyze 06:03:53.280 --> 06:03:58.640 a rezoning request we have to look at all of the factors associated with that 06:03:58.640 --> 06:04:03.760 zoning district and and and what it could bring. So our analysis looked 06:04:03.760 --> 06:04:08.360 not only at what their request was in the background of that request but how 06:04:08.360 --> 06:04:17.520 that NRMU fit within the future land use and and and and the the NRMU coming 06:04:17.520 --> 06:04:21.720 closer to those single-family areas. It's just it's pushing closer to those 06:04:21.720 --> 06:04:26.400 neighborhoods. We felt like there was wisdom in the existing zoning of NRMU 12 06:04:26.400 --> 06:04:35.280 and and that they could pursue the use under current zoning and so it really 06:04:35.280 --> 06:04:39.080 wasn't in terms of that use it was in their specific use but in terms of you 06:04:39.080 --> 06:04:44.360 know the entirety of that zoning district. And for clarification they can 06:04:44.360 --> 06:04:49.360 pursue the use under current zoning by changing their lot size primarily I mean 06:04:49.360 --> 06:04:52.320 there might be other factors like height and stuff but one of the rates is to 06:04:52.320 --> 06:04:56.880 change their lot size. They they could yes there would have in order to meet 06:04:56.880 --> 06:05:00.800 all parking and and and and building size requirements there would it would 06:05:00.800 --> 06:05:04.960 have to be a change either the lot size go make a taller building you know 06:05:04.960 --> 06:05:09.600 something of that nature there would have to be a design intervention. And help 06:05:09.600 --> 06:05:16.680 me process this that by rights the city's okay with the building taller but 06:05:16.680 --> 06:05:24.120 not that that's an okay transition is a taller building but the city is not okay 06:05:24.120 --> 06:05:29.240 with a more dense building under an MRMU because it's shorter it's just seems 06:05:29.240 --> 06:05:35.320 that height that's a perceived density you talked about intensity of use I'm 06:05:35.320 --> 06:05:42.000 understanding that the city in a sense would prefer a taller building over the 06:05:42.000 --> 06:05:52.720 change in zoning to increase density. That may result from the case and that 06:05:52.720 --> 06:05:57.000 is that is a possibility and and we understand that this is a concern the 06:05:57.000 --> 06:06:02.160 way our code really is written it allows town homes but then it it constricts 06:06:02.160 --> 06:06:06.320 them to a point where you really it makes it difficult to develop them so so 06:06:06.320 --> 06:06:09.440 I and that is certainly something that we're looking to correct with the new 06:06:09.440 --> 06:06:15.000 didn't development code. But we have to look at we have to look at those at the 06:06:15.000 --> 06:06:20.000 neighborhoods adjacent and see how zoning decisions affect them and and and 06:06:20.000 --> 06:06:26.000 sometimes if you if you approve a zoning district and and enlarge it then you 06:06:26.000 --> 06:06:32.600 have adjacency to to change the zoning in the next lot so so what we have to 06:06:32.600 --> 06:06:38.280 look at is even just beyond that specific case and look at the you know 06:06:38.280 --> 06:06:41.360 what that zoning means and what it would mean for the surrounding zoning 06:06:41.360 --> 06:06:47.760 pattern. Okay thank you Julie I don't see any other questions. This is a public 06:06:47.760 --> 06:06:51.520 hearing anyone wishing to speak on the item I certainly do so I have one card 06:06:51.520 --> 06:06:59.560 to speak in one card not to speak we'll start with Alan Hermaly. 06:07:08.280 --> 06:07:17.120 And if you could just state your name and address for the record appreciate it 06:07:17.120 --> 06:07:23.000 you have four minutes. Good evening my name is Alan Hermaly I live at 1401 06:07:23.000 --> 06:07:30.400 Brandywine Circle and I thought I was going to speak about let me get this 06:07:30.400 --> 06:07:44.920 right. S18005 did I not get that correct? So we don't have an S18005 because 06:07:44.920 --> 06:07:49.560 that was scheduled for this evening according to the public notice. That was 06:07:49.560 --> 06:07:54.960 a 3B that was that was postponed to the March 6th meeting. Yeah that item has 06:07:54.960 --> 06:08:00.240 been postponed we're gonna hear it on March 6th. March 6th okay so so you 06:08:00.240 --> 06:08:05.520 not taking any comments on this? Not this evening. Okay well I would like to 06:08:05.520 --> 06:08:09.560 take this moment just to bring up one point. I really like the idea of 06:08:09.560 --> 06:08:16.080 considering the impacts of the adjacent neighborhoods on zoning changes and so I 06:08:16.080 --> 06:08:22.200 would like to like the council least consider the impacts of multiple 06:08:22.200 --> 06:08:27.880 changes adjacent to the neighborhood. We have this this this change to the east 06:08:27.880 --> 06:08:33.640 of the Oakshire neighborhood there's another proposed zoning to the 06:08:33.640 --> 06:08:41.280 to the excuse me to the to the west of the neighborhood and another change the 06:08:41.280 --> 06:08:47.440 one I wanted to speak to the S18005 to the north in their neighborhood. So you 06:08:47.440 --> 06:08:51.280 have all these multiple changes occurring which I consider be cumulative 06:08:51.280 --> 06:08:55.560 impacts on the neighborhood that that that at one time you thought was 06:08:55.560 --> 06:08:59.800 appropriate to protect through through zoning. So I'd like you to consider these 06:08:59.800 --> 06:09:03.280 multiple changes that occur adjacent to the neighborhood as opposed to 06:09:03.280 --> 06:09:08.920 individual changes but that's all I have to bring up tonight. Well I appreciate 06:09:08.920 --> 06:09:13.160 being here and adding that input as the areas as you said or they're all kind of 06:09:13.160 --> 06:09:17.680 mixed in together in a way so I appreciate the feedback. Thank you. I look forward to 06:09:17.680 --> 06:09:24.360 seeing you on March 6th. Yes March 6th thank you so much. Thank you. We do have a 06:09:24.360 --> 06:09:34.920 card marking opposition and I'm gonna try I think it says Mandy Carson. I don't 06:09:34.920 --> 06:09:42.600 know I apologize if not. Nancy I'm sorry I should know that. Nancy's marking 06:09:42.600 --> 06:09:47.560 opposition address is 2908 Oakshire Street not wishing to speak this evening. 06:09:47.560 --> 06:09:53.480 This is a public hearing anyone wishing to speak may certainly do so. 06:09:54.600 --> 06:10:01.600 The applicant is here. Is the applicant wanting to present or just here for 06:10:01.600 --> 06:10:03.960 questions? 06:10:20.360 --> 06:10:24.680 And if you could just state your name and address for the record. As the 06:10:24.680 --> 06:10:29.360 applicant you're welcome to 10 minutes. Good evening my name is Earl Escobar 06:10:29.360 --> 06:10:34.400 with Cranel Engineering address is 2570 Justin Road in Highland Village Texas. I 06:10:34.400 --> 06:10:39.200 just want to quickly go over some slides maybe to help shed some light on the 06:10:39.200 --> 06:10:48.240 exact reasoning why we're requesting this zoning. Our project entails the 06:10:48.240 --> 06:10:54.880 development of 89 town homes. The lot sizes are 24 feet wide by 100 foot deep. 06:10:54.880 --> 06:11:02.960 These lots are alley-loaded and our main roadway is actually a residential 06:11:02.960 --> 06:11:07.680 collector which is a little bit wider than a standard residential street. Our 06:11:07.680 --> 06:11:12.960 pavement is going to be 36 feet wide which will allow parking on both sides 06:11:12.960 --> 06:11:18.840 and still accommodate two-way travel. We have an open space located at the north 06:11:18.840 --> 06:11:23.760 end because primarily because of a existing creek that runs along that 06:11:23.760 --> 06:11:31.600 that area. We currently have a final plat and a set of construction plans for this 06:11:31.600 --> 06:11:40.040 development that has been reviewed and approved by city staff and the use that 06:11:40.040 --> 06:11:45.960 we're proposing town homes are they're permitted under both the current zoning 06:11:45.960 --> 06:11:52.000 NRMU 12 and the zoning that we are requesting to be rezoned to NRMU. 06:11:52.000 --> 06:11:58.320 Primarily we are requesting this rezoned to allow the 80% lot coverage that's 06:11:58.320 --> 06:12:06.160 needed to develop a town home lot the way it's supposed to look like. With the 06:12:06.160 --> 06:12:12.880 NRMU I know we have a limitation 40 of 12 units per lot or 12 lots per acre and 06:12:12.880 --> 06:12:19.280 right now we are standing at 8.6 lots per acre density wise which is you know 06:12:19.280 --> 06:12:26.480 closer to NR6 than we are to the maximum NR12 or NR12 the current 06:12:26.480 --> 06:12:32.840 zoning and I think Julie mentioned that the town home use does meet the 06:12:32.840 --> 06:12:40.640 definition of moderate residential land use and just wanted to go over some 06:12:40.640 --> 06:12:46.680 several several items that are creating somewhat of a hardship on the 06:12:46.680 --> 06:12:53.200 development of town homes in general in the NRMU 12 zoning. The first one is the 06:12:53.200 --> 06:12:59.000 definition of lot coverage. Denton defines lot coverage as Julie mentioned as 06:12:59.000 --> 06:13:05.080 anything basically impervious within the lot and under NRMU 12 it allows 06:13:05.080 --> 06:13:09.520 for 60% which is quite low for a town home site. There's only only one other 06:13:09.520 --> 06:13:13.720 city that defines it the same way as Denton that's Fort Worth but they allow 06:13:13.720 --> 06:13:22.680 up to 85% which is the norm. There's some other research with other cities on what 06:13:22.680 --> 06:13:28.160 their lot coverage requirements are for town homes and they define it 06:13:28.160 --> 06:13:32.120 differently. First they defined lot coverage as just the percentage of the 06:13:32.120 --> 06:13:37.400 lot covered by just the primary and accessory buildings. The paving for 06:13:37.400 --> 06:13:40.840 driveway sidewalks leading from the house to the public sidewalks aren't 06:13:40.840 --> 06:13:45.480 counted towards that lot coverage and these other cities range from you know 06:13:45.480 --> 06:13:51.800 60% up to 90% really and that's for the building itself and the way we're 06:13:51.800 --> 06:13:57.080 proposing it based on our building size and our lots that we're proposing. We're 06:13:57.080 --> 06:14:03.120 at 57.5% which puts us under the 60% lot coverage 06:14:03.120 --> 06:14:06.080 under Denton's requirements but once you throw in the driveway and the sidewalks 06:14:06.080 --> 06:14:12.800 we're going to be well above that. Some other items or factors that create a 06:14:12.800 --> 06:14:18.120 hardship for us are the misapplication of the previous paving counting towards 06:14:18.120 --> 06:14:22.080 landscape area which we did not know until we were in the final plat stage 06:14:22.080 --> 06:14:29.640 after we received our preliminary plat approval back in 2017 and then also the 06:14:29.640 --> 06:14:35.880 parking requirements requiring four parking spaces per dwelling unit. That 06:14:35.880 --> 06:14:43.360 results in a wider driveway which kind of prohibits the building being pushed 06:14:43.360 --> 06:14:47.400 back towards the street especially for alley-loaded lots because the driveway 06:14:47.400 --> 06:14:52.320 has to go with it from the alley to the to the rear of the house and that would 06:14:52.320 --> 06:14:58.800 penalize us even more or lot coverage. There's just throughout two examples with 06:14:58.800 --> 06:15:06.520 some pictures showing I guess the misapplication of subchapter 13. One was 06:15:06.520 --> 06:15:10.680 the Villages of Carmel which is built out now and the way they got around to 06:15:10.680 --> 06:15:14.600 developing their townhomes was with that misapplication subchapter 13 and 06:15:14.600 --> 06:15:18.600 there's a couple of buildings and this new development off of Riney Road called 06:15:18.600 --> 06:15:24.880 Vista del Royale. They were able to develop two of their buildings with the 06:15:24.880 --> 06:15:30.720 same pervious material for their driveways to meet that lot coverage 06:15:30.720 --> 06:15:36.120 requirement but then since then since the misapplication of subchapter 13 they 06:15:36.120 --> 06:15:42.520 had to recently get a ZBA approved to allow that 80% lot coverage which is the 06:15:42.520 --> 06:15:46.040 reason why Julie did not attend our neighborhood meeting because she was at 06:15:46.040 --> 06:15:52.520 the ZBA meeting with this case. So wanted to show you what our lot layout would 06:15:52.520 --> 06:15:59.800 look like if we did receive approval for NRMU rezoning again with our 24 foot by 06:15:59.800 --> 06:16:07.840 100 foot lots. Our structure is 1380 square feet building footprint wise 06:16:07.840 --> 06:16:13.400 total square footage with the two-story be about 2,100 square feet including the 06:16:13.400 --> 06:16:19.960 garage and with flat work and driveways our drive our lot coverage would be 06:16:19.960 --> 06:16:27.640 about 77 and a half percent and that would be right below the 80% max lot 06:16:27.640 --> 06:16:37.480 coverage for NRMU. In order to have a code compliant layout under NRMU 12 06:16:37.480 --> 06:16:43.960 with the same building footprint our lots would have to be 24 foot 06:16:43.960 --> 06:16:52.720 wide by 145 feet long or deep and we would have to set back the building 65 06:16:52.720 --> 06:16:57.880 feet from the right-of-way line from the street because we could not push the 06:16:57.880 --> 06:17:00.840 building closer to the street because the driveways would have to go with it and 06:17:00.840 --> 06:17:05.800 penalize us with the lot coverage. So with that said our lot coverage under 06:17:05.800 --> 06:17:12.440 this scenario would be at 58.6% which is below that 60% threshold and 06:17:12.440 --> 06:17:18.960 again these houses would be almost 200 feet apart from face-to-face which is 06:17:18.960 --> 06:17:27.240 not the intent of a town-owned development. In order to make this 06:17:27.240 --> 06:17:34.600 development compliant with NRMU 12 and using the lots that we're proposing at 06:17:34.600 --> 06:17:41.120 24 by 100 we'd have to go vertical. We'd have to go with a 900 square foot 06:17:41.120 --> 06:17:48.480 structure with three stories. We will be well below the 40 foot height and with 06:17:48.480 --> 06:17:58.880 that we would it we would be right below 60%. Just to give you a little building 06:17:58.880 --> 06:18:06.800 elevations of what we're proposing each lot or unit will be constructed with 06:18:06.800 --> 06:18:12.360 distinct materials and colors so it'll have that look of individual units or 06:18:12.360 --> 06:18:20.520 lots versus having a uniform look and look kind of look like multifamily and 06:18:20.520 --> 06:18:27.800 this is the rear and that concludes my presentation. Any questions? We have some 06:18:27.800 --> 06:18:34.480 questions. Commissioner Smith. Thank you Chair. In regards to staff recommendations if we 06:18:34.480 --> 06:18:42.080 were going to if we wanted to approve it with NRMU but with the restrictions the 06:18:42.080 --> 06:18:48.080 staff recommendations were restricting at 12 units per acre making the 40 foot 06:18:48.080 --> 06:18:52.760 requirement and then they said that both of those things were not not not 06:18:52.760 --> 06:19:00.800 difficult things for you to accept too but on the the the buffer areas said 06:19:00.800 --> 06:19:06.720 that was hard. Can you explain a little bit more about that? Yeah. So the buffer 06:19:06.720 --> 06:19:12.240 requirement there is an existing gas main I believe it's an Atmos gas line 06:19:12.240 --> 06:19:21.080 that runs along Audreau Lane and there is a I guess some sort of a 50 foot or 06:19:21.080 --> 06:19:25.040 variable width easement I'm not sure what the average width is about 40 to 50 feet 06:19:25.040 --> 06:19:33.520 wide from Audreau to accommodate that gas main and so the open space we 06:19:33.520 --> 06:19:38.520 understand we could do that but the screening wall I mean the screening wall 06:19:38.520 --> 06:19:42.680 couldn't be adjacent to Audreau Lane because of the gas main location but we 06:19:42.680 --> 06:19:47.480 could certainly push it further back. Couldn't be or couldn't be well while 06:19:47.480 --> 06:19:50.120 preserving the amount of units that you guys want to put in or could you guys 06:19:50.120 --> 06:19:53.980 remove one band of units? We would be able to preserve the number of units as 06:19:53.980 --> 06:20:01.640 shown we just have to dedicate an open space along Audreau but the actual 06:20:01.640 --> 06:20:06.800 construction of the wall would have to be set further back then. So engineering 06:20:06.800 --> 06:20:10.480 wise it can be done it's not not preferable but it can be done. It can be 06:20:10.480 --> 06:20:14.080 done it's just will it how will it look aesthetically because that wall would 06:20:14.080 --> 06:20:19.640 actually be set back about 40 feet from Audreau Lane so is it really it's pretty 06:20:19.640 --> 06:20:27.000 it's an awkward setback. How close would it how close would that be then to your 06:20:27.000 --> 06:20:33.160 first units there those first lots that that 40 foot setback? It would be six 06:20:33.160 --> 06:20:38.360 feet which would be the setback for that first unit. Six feet so pretty 06:20:38.360 --> 06:20:43.440 sure enough to give a side yard. That's still pretty small. Okay thank you. 06:20:43.440 --> 06:20:49.520 Mr. Beck. Thank you Chair. Thanks Earl. Good seeing you again. First met Earl at the 06:20:49.520 --> 06:20:57.840 meeting I didn't recognize. How many units are there altogether Earl? How many units 06:20:57.840 --> 06:21:05.520 are we proposing? Yes 89. 89 okay. One of the things I heard at the meeting other 06:21:05.520 --> 06:21:09.320 than Audreau Lane which is something y'all can't control it is a bad road it 06:21:09.320 --> 06:21:12.280 needs improvement but it's going to add to traffic and that was one of the 06:21:12.280 --> 06:21:19.040 concerns but their other concern was they were comparing what they thought 06:21:19.040 --> 06:21:22.120 you were going to potentially build to the duplexes just to the west of you 06:21:22.120 --> 06:21:26.000 there which as I mentioned earlier had students and they were rowdy they were 06:21:26.000 --> 06:21:33.240 transient and tended to be messy so they claim. So could you characterize the 06:21:33.240 --> 06:21:37.760 population that you're going to be releasing to would you mind? We have the 06:21:37.760 --> 06:21:47.880 developer and the homebuilder and the management. 2717 Gold Lake. I'm sorry you 06:21:47.880 --> 06:21:51.840 said characterize. Yeah can you characterize the tenants you're going to be 06:21:51.840 --> 06:21:56.040 leasing to or you guys is it going to be similar to what the duplexes are? I think the 06:21:56.040 --> 06:22:03.080 duplexes kind of target specifically students from what I can gather. We're 06:22:03.080 --> 06:22:09.200 going to be targeting young families you know I think they they may be doing by 06:22:09.200 --> 06:22:14.600 the bedroom type of leasing which we don't want any part of okay so it's 06:22:14.600 --> 06:22:19.920 certainly not our intent to do it that way if a student wanted to lease a place 06:22:19.920 --> 06:22:25.600 and with their parents and they were strong enough to do that they certainly 06:22:25.600 --> 06:22:29.320 could but they'd have to be able to afford the whole place in order to do 06:22:29.320 --> 06:22:36.600 that so because we don't do by the bedroom leasing. Okay and I like a lot 06:22:36.600 --> 06:22:40.320 what I saw that you were doing like the fact that the alleys are there so it 06:22:40.320 --> 06:22:45.240 takes the streets off the takes the car off the streets and at the end unlike the 06:22:45.240 --> 06:22:50.640 area over the duplex it closes that area off where people and I think you were 06:22:50.640 --> 06:22:55.080 agreeable to putting the gate in there to sure prevent absolute traffic running 06:22:55.080 --> 06:22:59.080 through there so I was to be honest with you I was kind of surprised when I saw 06:22:59.080 --> 06:23:02.920 Steph was considered denial this I thought what you're doing was a good 06:23:02.920 --> 06:23:06.640 deal but I understand and I guess if there were more people here protesting 06:23:06.640 --> 06:23:10.600 and I might line up on the side of the city but based on what I've heard you 06:23:10.600 --> 06:23:16.720 say and what I see and and considering what could go in there you know it could 06:23:16.720 --> 06:23:20.880 be worse yeah so we're not increasing that's it we're not asking an increase 06:23:20.880 --> 06:23:23.960 in density we're gonna we're gonna build these one way or the other they're 06:23:23.960 --> 06:23:28.560 gonna be three stories and set back further and in my opinion an uglier 06:23:28.560 --> 06:23:34.480 product same square footage or we can put a nice looking product on the ground 06:23:34.480 --> 06:23:39.360 and you own the property directly to the east of it to yes to how far up to the 06:23:39.360 --> 06:23:43.680 loop all the way to the loop okay what were your plans for that we've got a 06:23:43.680 --> 06:23:49.400 submittal in or about to be in for a hundred hundred sixty bed assisted 06:23:49.400 --> 06:23:56.160 living facility eight building our ten building 16 beds each okay so it'll be 06:23:56.160 --> 06:24:00.960 really really nicely landscaped we're gonna have a lot of trails and whatnot 06:24:00.960 --> 06:24:06.720 up in that part where the power lines are right anyway sounds like a good 06:24:06.720 --> 06:24:10.280 development me that as opposed to what could possibly go in there so thanks 06:24:10.280 --> 06:24:16.560 mr. good I have a quick question for Earl I think maybe it may not first 06:24:16.560 --> 06:24:20.920 welcome back there was some lament even last meeting of the lack of your 06:24:20.920 --> 06:24:26.320 presence here at meetings so you've been missed so it's it's good to see you back 06:24:26.320 --> 06:24:30.960 presenting I said like the project but I have a question if you just help me out 06:24:30.960 --> 06:24:39.640 if we're looking at this this graphic here the southern most lots in purple 06:24:39.640 --> 06:24:45.080 yes are wider than the rest yes those are in the easement and will not be 06:24:45.080 --> 06:24:48.600 developed my understanding correctly or there will be developments on those last 06:24:48.600 --> 06:24:58.160 two ones the bottom two yes there is enough room to construct a unit oops 06:24:58.160 --> 06:25:07.200 between the easement and the neck and a lot one right so the contention perhaps 06:25:07.200 --> 06:25:11.760 not contention I'm just trying to stand we either you're either putting a fence 06:25:11.760 --> 06:25:17.080 at the where the purple and blue meet or you're setting it back all the way to 06:25:17.080 --> 06:25:22.920 that first building and you would prefer to have the fence more south than what 06:25:22.920 --> 06:25:27.240 staff is potentially suggesting my understanding the fence situation the 06:25:27.240 --> 06:25:33.940 gas main is located pretty much at the bottom of this lot and so it is that lot 06:25:33.940 --> 06:25:37.400 planned on being developed no 06:25:37.400 --> 06:25:47.040 it's not defined and so I mean really if we we were planning on just setting it 06:25:47.040 --> 06:25:53.280 back I think 50 feet is that what we I think 50 feet on there but there's other 06:25:53.280 --> 06:25:56.840 if you go down the street there's other ones that are much closer to that gas 06:25:56.840 --> 06:26:02.480 pipeline we were just giving adequate space going off of the other development 06:26:02.480 --> 06:26:07.160 next door and the working plan is to put your masonry fence basically right on 06:26:07.160 --> 06:26:12.080 that gas line or the gas easement exactly yeah but you're saying that if you 06:26:12.080 --> 06:26:17.680 had to move it to go all the way back up to that six foot set back on the first building being 06:26:17.680 --> 06:26:24.420 constructed well I mean it could go closer to what we've proposed and on the 06:26:24.420 --> 06:26:31.280 northern boundary of that lower lot okay but I guess it could go about 10 feet 06:26:31.280 --> 06:26:35.640 closer I mean it's a variable with the easement so there's it's not defined how 06:26:35.640 --> 06:26:40.840 close you're allowed to be and we can only go off of what other people but it 06:26:40.840 --> 06:26:44.160 would be your preference to keep that fence as close to Audra as possible 06:26:44.160 --> 06:26:50.220 rather than putting it up against that those first two yeah not have 50 feet 06:26:50.220 --> 06:26:54.640 off of the road and then have a like an empty lot just there and then a wall but 06:26:54.640 --> 06:27:04.520 I mean we're open to whatever you know the council thinks is best I think that 06:27:04.520 --> 06:27:06.760 clarified at least my confusion so I appreciate that 06:27:06.760 --> 06:27:12.840 Mr. Smith thank you chair staff could you give a clarification here on why the 06:27:12.840 --> 06:27:20.960 setbacks be requested that far back there is that easement there and staff 06:27:20.960 --> 06:27:26.520 is not it's not prescriptive on where that goes the intent is to provide a 06:27:26.520 --> 06:27:31.040 screening wall as you typically see on on residential developments adjacent to 06:27:31.040 --> 06:27:36.720 arterials or or you know arterial roads you often see that masonry wall 06:27:36.720 --> 06:27:42.160 that separates a residential development from from that traffic area and then 06:27:42.160 --> 06:27:48.000 also between the the wall and the in the right of way to provide that that 06:27:48.000 --> 06:27:52.080 landscaping to provide that that softening of the wall in the sense of 06:27:52.080 --> 06:27:56.640 arrival for not only the residents but then also to add that transition area 06:27:56.640 --> 06:28:01.920 from the subject property to to the neighborhoods surrounding it so so the 06:28:01.920 --> 06:28:05.760 intent is not only a screening wall but to have that type B buffer to add that 06:28:05.760 --> 06:28:10.160 softening to add that gateway so I guess maybe give me clarification on this this 06:28:10.160 --> 06:28:13.560 easement that's not it's not it's not like a traditional easement where it's 06:28:13.560 --> 06:28:18.760 it's got a hard number that you have to abide by it's it's very it seems like 06:28:18.760 --> 06:28:22.880 it's it's it's it's a little fluid here is that what I'm hearing or my well 06:28:22.880 --> 06:28:26.080 their preliminary plot does show the limits of where they're showing that 06:28:26.080 --> 06:28:30.540 easement so their preliminary plot does show that easement and and it's my 06:28:30.540 --> 06:28:33.440 understanding and talking the applicant and then and then reviewing the 06:28:33.440 --> 06:28:38.000 preliminary plot and I'll just use their there's as an example so that these 06:28:38.000 --> 06:28:43.120 these actually are lots that would have a townhome on them but that that lot is 06:28:43.120 --> 06:28:51.480 oversized in order to have that easement on that on that individual lot so staff's 06:28:51.480 --> 06:28:57.200 contingent is to have have a a community-owned lot an HOA lot adjacent 06:28:57.200 --> 06:29:03.320 to the the right-of-way in whatever configuration but to provide that 06:29:03.320 --> 06:29:06.860 screening wall and that entrance feature in there to provide that transition in 06:29:06.860 --> 06:29:12.280 that buffer area. Thank you. Mr. Good, this is not to do with the 06:29:12.280 --> 06:29:16.720 easements and walls. Average price of the home you guys primarily leasing or 06:29:16.720 --> 06:29:25.320 leasing okay all right thank you. I think I would like to follow up with 06:29:25.320 --> 06:29:28.520 Commissioner's question Commissioner Smith's that maybe it's gonna be hard 06:29:28.520 --> 06:29:32.360 to answer because they're not selling them you're leasing them but what's the 06:29:32.360 --> 06:29:37.920 opportunity cost associated with losing two lots that you could build on if the 06:29:37.920 --> 06:29:41.880 city is suggesting not to build because if they're outright buys of 200,000 we 06:29:41.880 --> 06:29:46.280 could we could concurrently put a value of 400,000 two lots is it possible to 06:29:46.280 --> 06:29:52.040 help us evaluate them so based on the cap rates that these would be actually 06:29:52.040 --> 06:29:58.480 valued at they'd be around 210,000 a unit something like that based on some 06:29:58.480 --> 06:30:02.800 of the other developments that we have had appraisals on. Okay that's helpful 06:30:02.800 --> 06:30:09.760 thank you. Commissioner Ellis. Thank you Chair okay so I'm still confused okay 06:30:09.760 --> 06:30:15.920 not with the project but with some of staff recommendations and what what can 06:30:15.920 --> 06:30:22.120 you do in in their recommendations what can we because yeah I mean for me to to 06:30:22.120 --> 06:30:26.000 go with the rezoning we'd have to have some overlay conditions on them or I 06:30:26.000 --> 06:30:32.120 just wouldn't be comfortable no no no creating an RMU district here so so you 06:30:32.120 --> 06:30:37.680 saw what she or we can put him back up no no no I and I actually I'm completely 06:30:37.680 --> 06:30:43.760 fine with them the only concern we were saying is that we'd we'd hate to we were 06:30:43.760 --> 06:30:47.720 fine with everything up there it was the the screening wall thing was not even a 06:30:47.720 --> 06:30:53.080 problem because it was a screening wall it was more like well I mean losing two 06:30:53.080 --> 06:30:56.720 lots and then it being kind of unattractive because we've already got 06:30:56.720 --> 06:31:03.040 50 feet there is kind of we felt kind of silly about but if if that's what you 06:31:03.040 --> 06:31:08.800 guys think that is what it would take and I mean we're open to it we're 06:31:08.800 --> 06:31:14.400 definitely not saying that's a hard no by any means I just feel like you've 06:31:14.400 --> 06:31:18.880 already got a buffer kind of there I think it's tough because we've got the 06:31:18.880 --> 06:31:24.080 variable with easement right and so we designated 50 feet nobody told us go off 06:31:24.080 --> 06:31:30.240 50 feet and if you talk to if you talk to the gas company they want 150 feet 06:31:30.240 --> 06:31:35.040 when you have a variable with easement they'll ask for as much as they can get 06:31:35.040 --> 06:31:39.640 so it's really one of those things I mean we could probably take it down to 06:31:39.640 --> 06:31:46.000 40 feet and then provide that 10 feet in between and still not lose anything I 06:31:46.000 --> 06:31:51.600 mean there's other houses that are 20 25 feet off this pipeline right down the 06:31:51.600 --> 06:32:00.400 road which I mean you think that's doable yeah so if that helps like with 06:32:00.400 --> 06:32:06.160 the buffering it's just it's really weird having this old archaic variable 06:32:06.160 --> 06:32:10.960 with easement like they don't like them courts don't like them the gas company 06:32:10.960 --> 06:32:17.280 tries to bully with them like they when I originally went to them they try to 06:32:17.280 --> 06:32:25.840 ask for 150 feet but their their current reg you know goes as small as 25 feet so 06:32:25.840 --> 06:32:32.400 we were just trying to kind of play it safe a little bit so I mean we could 06:32:32.400 --> 06:32:38.960 read redesign it where we're 40 feet and then we have the 10 feet buffer and then 06:32:38.960 --> 06:32:44.480 we've got all the rest as proposed and as far as like you know restricting use 06:32:44.480 --> 06:32:47.720 and restricting all that we're we were always good with that we never intended 06:32:47.720 --> 06:32:52.120 to this to be anything else in fact we were gonna build it we were still gonna 06:32:52.120 --> 06:32:56.280 build it regardless it was just gonna be a three-story product with bigger front 06:32:56.280 --> 06:33:03.000 yards I don't see any other questions appreciate it I know we've been talking 06:33:03.000 --> 06:33:06.240 for a while but it still is a public hearing if anyone is wishing to speak on 06:33:06.240 --> 06:33:13.080 this item more than welcome to do so we just asked to fill out a card seeing no 06:33:13.080 --> 06:33:16.640 other individuals wishing to speak I'll close this public hearing and turn to 06:33:16.640 --> 06:33:22.200 the days for discussion or motion Commissioner Smith I'm gonna make a motion 06:33:22.200 --> 06:33:28.520 for an approval of this project with the limitations are recommended by staff we 06:33:28.520 --> 06:33:33.640 did do an approval of 12 units an acre 40 foot height and then when it comes to 06:33:33.640 --> 06:33:38.040 this buffer with this easement prefer if we didn't put a number down on the 06:33:38.040 --> 06:33:41.760 recommendation we make to City Council and instead just make a recommendation 06:33:41.760 --> 06:33:45.440 that a buffer in the screen will be done that before City Council sees this 06:33:45.440 --> 06:33:49.960 for final approval that applicant and staff come to an agreement on something 06:33:49.960 --> 06:33:53.160 and then present that to City Council so we both agreed to this rather than 06:33:53.160 --> 06:33:57.680 saying staff is this way and applicants we could do whatever we'll just get a 06:33:57.680 --> 06:34:00.480 fixed number we don't really care as long as you got a fixed number for the 06:34:00.480 --> 06:34:05.640 City Council it matters to us so that's a weird motion but that's it we have a 06:34:05.640 --> 06:34:11.120 first to approve with conditions Christian back second we have a first and 06:34:11.120 --> 06:34:20.120 a second I do have some discussion I I'm I'm I'm opposed to requiring common 06:34:20.120 --> 06:34:28.080 area lots I'd prefer to keep the type B buffer and then they can work with the 06:34:28.080 --> 06:34:32.120 easements to figure out how that 10 feet is going to work with the the two 06:34:32.120 --> 06:34:43.920 southern lots but I think asking them to abandon two lots could affect aesthetics 06:34:43.920 --> 06:34:47.760 but also I just don't think it's necessary on the Audre Lane if there's a 06:34:47.760 --> 06:34:54.600 just looking at map and 200 feet to the west there's a garage that would be 06:34:54.600 --> 06:35:02.920 significantly closer to Audre then then their property so I just don't I can't 06:35:02.920 --> 06:35:09.640 support requesting the applicant to abandon two lots so I guess it's worth 06:35:09.640 --> 06:35:16.880 asking for a friendly amendment or I would motion a move to amend the first 06:35:16.880 --> 06:35:23.240 motion I think my motion really came down to the fact that the easement 06:35:23.240 --> 06:35:29.080 requires 50 feet staff is recommending much more than that and just help me 06:35:29.080 --> 06:35:33.280 understand make sure I'm correct on this so I guess more along once my motion 06:35:33.280 --> 06:35:37.360 wasn't necessarily for so much of the common area as it was just there's going 06:35:37.360 --> 06:35:41.000 to be aesthetics that has to be put in because there's a 50-foot there's a 50 06:35:41.000 --> 06:35:44.680 foot easement there no matter what that the deciding point on where that easement 06:35:44.680 --> 06:35:49.680 is set or where that wall is set can be decided between applicant and staff 06:35:49.680 --> 06:35:56.720 before council if I'm missing something I'd appreciate the clarification yeah so 06:35:56.720 --> 06:36:00.160 on item C it's saying common area lots owned and maintained by homeowners 06:36:00.160 --> 06:36:06.840 Association you're wanting to leave in there that there are two lots left 06:36:06.840 --> 06:36:10.080 for what the applicants presentation showed is that there was going to be 06:36:10.080 --> 06:36:16.040 those two those two much larger augmented last two lots closest to Audre 06:36:16.040 --> 06:36:19.640 were already going to be designed that way for the preliminary plat and that it 06:36:19.640 --> 06:36:23.120 was so much about they're gonna that those two lots were gonna be there no 06:36:23.120 --> 06:36:25.440 matter what those developments are gonna be there no matter what and so if 06:36:25.440 --> 06:36:29.120 whether whether we whether the ease what the easements at 50 feet is a minimum 06:36:29.120 --> 06:36:36.600 correct something like that right can you say come to the mic yeah sorry what 06:36:36.600 --> 06:36:41.640 we're saying is I think you're on the right page as far as like changing like 06:36:41.640 --> 06:36:45.240 not putting a definite code because we can decide later on that part that 06:36:45.240 --> 06:36:49.120 doesn't eliminate you from having those two homes there that's the motion that I 06:36:49.120 --> 06:36:52.040 have it as of right now doesn't eliminate you from being able to have 06:36:52.040 --> 06:36:55.400 those two lots correct right there's got to be an easement of some sort and it's 06:36:55.400 --> 06:36:59.440 got to be some sort of minimum we've kind of declared 50 feet it's like our 06:36:59.440 --> 06:37:03.320 safety minimum but what we're saying is we could probably take that down to 40 06:37:03.320 --> 06:37:07.320 feet and then still provide what we need to provide in that 10 feet and not lose 06:37:07.320 --> 06:37:11.560 any lots I guess what I'm trying to say is that what my motion was the way that 06:37:11.560 --> 06:37:15.480 I worded it and the way that it is what staff and applicants work with before 06:37:15.480 --> 06:37:18.520 they go to City Council so I motion doesn't eliminate the ability to use 06:37:18.520 --> 06:37:21.880 those two lots and that's what mr. correct is agreeing is that the way that 06:37:21.880 --> 06:37:25.120 it's motion that easement they were dead lots anyway they're dead lots matter 06:37:25.120 --> 06:37:29.320 what that those for those two correct the discussion be done before City 06:37:29.320 --> 06:37:32.800 Council doesn't get effect whether or not he's gonna have those two two lots to 06:37:32.800 --> 06:37:37.080 be used for appreciate the clarification I could have sworn and this is a good 06:37:37.080 --> 06:37:42.320 clarification those last the southern lots are wider to accommodate both a 06:37:42.320 --> 06:37:48.800 townhome and the easement I know is that lot actually have a townhome on it Earl 06:37:48.800 --> 06:37:53.600 can you that's correct they are oversized lots to accommodate the gas 06:37:53.600 --> 06:37:57.760 easement and to also accommodate a townhome on the north side of that 06:37:57.760 --> 06:38:02.080 easement right so what I'm what I'm concerned about is if this says it leave 06:38:02.080 --> 06:38:07.360 a lot yeah it's an essence saying those two oversized lots are now common areas 06:38:07.360 --> 06:38:12.600 and that's that's what I'm saying oh I see what you're saying yeah no no no so you'll yeah I 06:38:12.600 --> 06:38:17.640 think you're both saying the same thing it's just I misstated so that first lot 06:38:17.640 --> 06:38:22.360 does actually have a unit on it and it's just oversized to adjust for the so 06:38:22.360 --> 06:38:28.040 there wasn't a dead lot actually okay so the way the motion stands I'm by by we 06:38:28.040 --> 06:38:32.080 approve this motion the way it stands it does not remove any any any units from 06:38:32.080 --> 06:38:37.160 being able to be within the project correct correct if we do adjust the that 06:38:37.160 --> 06:38:45.280 lot to be smaller or basically but yeah can I just ask Mr. Smith to restate your 06:38:45.280 --> 06:38:50.080 motion yep and I think that would be really helpful yep yep so the motion is 06:38:50.080 --> 06:38:56.920 to approve the rezoned NRM you but restrictions that were made by staff 06:38:56.920 --> 06:39:02.320 recommendations of 12 units per acre 40 foot and height restriction and then an 06:39:02.320 --> 06:39:08.160 easement or I'm sorry a wall and screening to be decided upon and setbacks 06:39:08.160 --> 06:39:13.720 between applicant and staff before this project is brought to City Council as on 06:39:13.720 --> 06:39:19.720 motion okay okay and question back do you agree with that motion still second 06:39:19.720 --> 06:39:23.520 yeah okay for that question part I will make sure to get to you a question all 06:39:23.520 --> 06:39:27.240 this had on the board I want to make sure respect you chair what I'd like is 06:39:27.240 --> 06:39:33.080 for Julie to please put staff recommendations up thanks 06:39:47.800 --> 06:39:57.160 D you're gonna get Mr. Burnetta okay I just want to make sure that I'm 06:39:57.160 --> 06:40:01.000 understanding what what the motion is because I was I was under the same 06:40:01.000 --> 06:40:04.920 understanding that you are that the staff recommendation includes a common 06:40:04.920 --> 06:40:10.000 area a lot that would take these out does your motion say that we are not 06:40:10.000 --> 06:40:14.880 requiring the common area a lot is that what we that's that's correct okay all 06:40:14.880 --> 06:40:24.840 right I feel kind of like we have to have the stated on that's I'm wondering if 06:40:24.840 --> 06:40:30.720 we need to clarify item C further Jerry or do you think Commissioner Smith has 06:40:30.720 --> 06:40:42.000 articulated the changes to point C adequately enough I'm sorry you're good 06:40:42.000 --> 06:40:49.560 the the recommendation C was for an overlay on the zoning conditions I think 06:40:49.560 --> 06:40:54.040 that even if condition C were not there at all it would still be a complete 06:40:54.040 --> 06:41:03.600 recommendation for zoning and so whether it's sufficiently stated to allow the 06:41:03.600 --> 06:41:08.240 case to go forward I think kind of depends upon your judgment as a 06:41:08.240 --> 06:41:16.240 commission as to whether you feel comfortable with those that issue of the 06:41:16.240 --> 06:41:23.960 of the setback requirement being left as a fluid item to be filled in prior to 06:41:23.960 --> 06:41:29.200 going to the City Council but I think the idea is that the recommendation is 06:41:29.200 --> 06:41:35.160 to approve at least the land use with at least the first two overlay conditions 06:41:35.160 --> 06:41:45.000 into and to put up the the six-foot masonry screen wall and and buffer as 06:41:45.000 --> 06:41:53.040 stated I but I do hear that the common area lots are are not necessary as far 06:41:53.040 --> 06:41:58.840 as part of the motion okay that's correct I want to ensure that all 06:41:58.840 --> 06:42:02.920 commissioners understand the motion the second and what we will be voting on is 06:42:02.920 --> 06:42:07.240 there any ambiguity that we need to clear up in terms of what the same 06:42:07.240 --> 06:42:13.000 motion is Krishna Ellis thank you chair so just to clarify on here with the 06:42:13.000 --> 06:42:20.040 recommendation bullet point three we are removing common area lots from that and 06:42:20.040 --> 06:42:26.800 keeping the rest of the yes the recommendation my motion is my motion is 06:42:26.800 --> 06:42:33.240 for regards just a point C or three or whatever we're calling this is for a 06:42:33.240 --> 06:42:37.720 buffer to be decided upon between applicant and staff before City Council 06:42:37.720 --> 06:42:41.080 and whatever the setback is is up to their discretion and they come to 06:42:41.080 --> 06:42:45.560 agreement upon before this is presented to City Council nothing in regards to 06:42:45.560 --> 06:42:50.040 common common area lots is being referenced can I make a recommendation if 06:42:50.040 --> 06:42:54.520 it might help I don't know Julie if you could come forward take this out of 06:42:54.520 --> 06:43:01.320 presentation mode and maybe edit the third item you know while Commissioner 06:43:01.320 --> 06:43:06.520 spit Smith is speaking make sure that it I think the states the spirit this the 06:43:06.520 --> 06:43:12.920 spirit of the bullet point there was to create a buffer is for what it seemed 06:43:12.920 --> 06:43:17.000 like from discussions with staff was that was to create a transition from 06:43:17.000 --> 06:43:20.280 what will be considered essentially a high density area within this 06:43:20.280 --> 06:43:25.760 neighborhood from the road back to this high density area and so you needed that 06:43:25.760 --> 06:43:28.720 that little buffer to be there and something that the applicant decide 06:43:28.720 --> 06:43:32.360 whether that is you know 50 feet away from the road or what staff was 06:43:32.360 --> 06:43:35.640 recommended which much further back and that's you know shrubs and walls and 06:43:35.640 --> 06:43:39.360 everything else involved in there rather you know that discussion become to an 06:43:39.360 --> 06:43:43.480 agreement rather than having staff just throw something up there willy-nilly so 06:43:43.480 --> 06:43:48.120 that was some phenomenal buffering about 10 at the point here is I'm not 06:43:48.120 --> 06:43:53.160 suggesting that the staff is changing his recommendation at all you know the 06:43:53.160 --> 06:43:57.200 recommendation was as it was but just for the purpose of making sure that the 06:43:57.200 --> 06:44:02.200 Commission understands what your motion is is that accurately stated you know 06:44:02.200 --> 06:44:06.960 with with those three conditions or is it that's correct yeah there is there is 06:44:06.960 --> 06:44:10.760 no there is no definition within there about about how far from bag from Audre 06:44:10.760 --> 06:44:14.680 that's being set and that'll be a distance that can be decided between 06:44:14.680 --> 06:44:19.160 staff and applicant so yes that is accurately depicting my motion okay and 06:44:19.160 --> 06:44:26.120 just for absolute clarity Commissioner Beck do you second the amended motion as 06:44:26.120 --> 06:44:29.640 written I do okay do you have other discussion apart yeah I just want to 06:44:29.640 --> 06:44:35.760 mention in support of this a couple of things a based on what the applicant is 06:44:35.760 --> 06:44:40.240 presented I think we've got a good product here we've got a density if I 06:44:40.240 --> 06:44:44.600 can use that word anymore that's much less than an NRMU 12 which is good 06:44:44.600 --> 06:44:48.200 because that's the whole intent of creating the buffer anyway as Julie 06:44:48.200 --> 06:44:52.320 mentioned is to good start with a lower density and work towards a higher density 06:44:52.320 --> 06:44:57.960 so it does that and it does better than if we had actually had the NRM 12 the 06:44:57.960 --> 06:45:05.680 prospect of building next to it the retirement home is a good deal this is 06:45:05.680 --> 06:45:12.200 land infill area that you know again we're looking to get filled and this is 06:45:12.200 --> 06:45:16.660 a good good project for that so for those reasons that I just think it's a 06:45:16.660 --> 06:45:22.920 good deal Commissioner Ellis thank you chair just real quick for the developer 06:45:22.920 --> 06:45:28.040 so as we kind of rewrote this and all this sure how does this look I mean does 06:45:28.040 --> 06:45:32.760 this work absolutely no I guess I mean that you can accommodate this if this is 06:45:32.760 --> 06:45:41.280 the recommendation going forward so any other discussion on the item well I 06:45:41.280 --> 06:45:45.000 appreciate your patience and working through this and and it seems like 06:45:45.000 --> 06:45:49.240 there is an ongoing conversation over a year and a half so I appreciate your 06:45:49.240 --> 06:45:53.560 patience and I'll be in support of this there's no discussion call for vote on 06:45:53.560 --> 06:45:55.840 the board 06:46:02.840 --> 06:46:11.240 motion carries 7-0 congratulations before moving to item H we've been here 06:46:11.240 --> 06:46:14.440 for three hours so if there's no objection by the Commission I'd like to 06:46:14.440 --> 06:46:26.960 propose a short break we'll break at 922 thank you thank you for that short break 06:46:26.960 --> 06:46:31.940 providing us that time it is 932 and I'll call the meeting back to order the 06:46:31.940 --> 06:46:41.120 next item on our agenda is 3h is s 18 - 0 0 0 7 B invite Haley for presentation 06:46:41.120 --> 06:46:47.180 and open the public hearing all right so this is an SUP request for a vehicle 06:46:47.180 --> 06:46:51.680 repair facility so the request before you is to hold a public hearing and 06:46:51.680 --> 06:46:56.040 consider making a recommendation to the City Council regarding an SUP request to 06:46:56.040 --> 06:47:01.800 allow a vehicle repair use on approximately 0.57 acres that's located 06:47:01.800 --> 06:47:05.240 on the south side of East McKinney Street and you can see the property 06:47:05.240 --> 06:47:12.360 location outlined here yellow on the map so a little history about this 06:47:12.360 --> 06:47:18.240 particular location the property is owned DCG the existing development on 06:47:18.240 --> 06:47:21.600 the site that includes four buildings has been in place since approximately the 06:47:21.600 --> 06:47:26.920 1970s as far as we can tell from our records the this particular use actually 06:47:26.920 --> 06:47:31.760 exists on the site today it has for about a year and a half now however 06:47:31.760 --> 06:47:36.200 within the the current zoning DCG that zoning has been in place since 2002 06:47:36.200 --> 06:47:41.440 vehicle repair uses require and a specific use permit this request 06:47:41.440 --> 06:47:45.520 actually initiated as a code violation case when our zoning enforcement 06:47:45.520 --> 06:47:49.000 officers found out that this facility was operating without a certificate of 06:47:49.000 --> 06:47:53.000 occupancy so the the means of rectifying that and bringing them into compliance 06:47:53.000 --> 06:47:57.240 with the current code is to obtain the specific use permit required by the DCG 06:47:57.240 --> 06:48:03.720 district as part of this request we analyzed the site's current compliance 06:48:03.720 --> 06:48:08.720 with our code regulations and what we found was as noted that the use 06:48:08.720 --> 06:48:12.680 requirements are not being met as there's not a specific use permit there's 06:48:12.680 --> 06:48:16.800 currently no screening provided at the right-of-way for the storage area the 06:48:16.800 --> 06:48:20.400 there's a large part of the site dedicated to vehicle storage and that 06:48:20.400 --> 06:48:25.320 does require screening per the Denton Development Code the site is required 06:48:25.320 --> 06:48:31.080 for the within the DCG district we require 15% landscape area minimum the 06:48:31.080 --> 06:48:34.240 site does not currently comply with that but with some of the improvements 06:48:34.240 --> 06:48:39.480 they're offering to make they would come up to 16.8 percent landscaping and then 06:48:39.480 --> 06:48:44.000 DCG district also requires a minimum of 20% tree canopy there's currently no 06:48:44.000 --> 06:48:46.880 trees on the site so with the improvements that are proposed on their 06:48:46.880 --> 06:48:52.680 site plan currently they would come up to a 10% tree canopy and then street 06:48:52.680 --> 06:48:56.840 trees are also required for for all developments there currently are no 06:48:56.840 --> 06:49:00.940 street trees on the property everything up to the right-of-way is paved on the 06:49:00.940 --> 06:49:04.560 front half of the property so they're also not proposing any street trees with 06:49:04.560 --> 06:49:10.840 this with this SUP so I won't go through these in detail but the criteria for 06:49:10.840 --> 06:49:14.080 approval of an SUP are outlined in detail in your backup and we'll have 06:49:14.080 --> 06:49:18.680 them here if we need them in general it provides for a compatibility analysis to 06:49:18.680 --> 06:49:22.080 determine if there's any nuisance potential and what could be done to 06:49:22.080 --> 06:49:28.480 mitigate for that so looking in detail at their site plan in blue I've outlined 06:49:28.480 --> 06:49:33.280 the the 600 square foot of building on the site that is currently dedicated to 06:49:33.280 --> 06:49:38.040 the vehicle repair use the building just to the north of this adjoining it is 06:49:38.040 --> 06:49:42.800 currently a restaurant we have here a retail facility on the western side of 06:49:42.800 --> 06:49:45.920 the property and then a vacant building exists on the eastern side of the 06:49:45.920 --> 06:49:50.040 property one of the improvements the applicants proposed to bring them into 06:49:50.040 --> 06:49:53.520 compliance with our screening requirements is to install a six foot 06:49:53.520 --> 06:49:57.320 high wooden fence here where you see the orange line and that would include gates 06:49:57.320 --> 06:50:01.280 at this location as well as here at the back of the parking lot to allow for 06:50:01.280 --> 06:50:05.600 vehicle maneuvering throughout the storage area that's this located here so 06:50:05.600 --> 06:50:08.080 that would provide the required screening from the right-of-way for the 06:50:08.080 --> 06:50:12.560 vehicles that they store on site another substantial improvement they have 06:50:12.560 --> 06:50:16.880 volunteered to install is this type C buffer that's the code requires between 06:50:16.880 --> 06:50:20.920 commercial and residential uses there is a multifamily development just south of 06:50:20.920 --> 06:50:24.800 this currently it's separated only with a wood fence so they would be proposing 06:50:24.800 --> 06:50:29.160 the type C buffer that would be the 15 foot wide area containing six trees and 06:50:29.160 --> 06:50:33.720 25 shrubs per hundred linear feet so that's that improvement is what would 06:50:33.720 --> 06:50:36.560 help bring them into compliance with the minimum landscaping for the zoning 06:50:36.560 --> 06:50:41.880 district and get them up to that ten percent canopy in addition to that staff 06:50:41.880 --> 06:50:45.200 is also recommending that that buffer be extended up this eastern side of the 06:50:45.200 --> 06:50:48.360 property currently there's a wood fence there between them and an office 06:50:48.360 --> 06:50:53.000 building it contains things such as an accounting firm and we've heard from that 06:50:53.000 --> 06:50:56.360 neighbor that there are issues with sound from this property and from this 06:50:56.360 --> 06:51:00.920 use in particular with noise issues so the installation of that buffer in 06:51:00.920 --> 06:51:04.000 addition to the fence would at least provide some additional separation there 06:51:04.000 --> 06:51:10.040 and as those trees grow they would mute some of the sounds from the site part of 06:51:10.040 --> 06:51:13.440 our analysis is also to look at the comprehensive plan so the Denton plan 06:51:13.440 --> 06:51:17.240 2030 designates everything you see on the map and read is designated as 06:51:17.240 --> 06:51:22.360 downtown Denton so this area is intended to be high density residential as well 06:51:22.360 --> 06:51:27.360 as have a mixture of supporting uses commercial office civic uses basically 06:51:27.360 --> 06:51:30.360 everything necessary to have a full service downtown where people can live 06:51:30.360 --> 06:51:35.000 work play and have all of the services they need within close range so while 06:51:35.000 --> 06:51:38.920 this use does have some potential nuisances such as noises and odors that 06:51:38.920 --> 06:51:43.140 should be mitigated for it's also one of those necessary services that people 06:51:43.140 --> 06:51:48.880 would need in an area where they live and work this site as I mentioned has 06:51:48.880 --> 06:51:52.320 been developed for several decades with this current use as far as I could tell 06:51:52.320 --> 06:51:57.240 from our historic records this building was originally a fuel station and at 06:51:57.240 --> 06:52:01.040 least for the past year and a half dent one has operated their vehicle repair 06:52:01.040 --> 06:52:06.200 facility here so with the continuation of this use in the potential granting of 06:52:06.200 --> 06:52:10.280 the SUP there's not wouldn't be any increase in vehicular traffic or other 06:52:10.280 --> 06:52:14.820 nuisances such as that there is no additional parking required for the use 06:52:14.820 --> 06:52:17.600 it's within the central business district so we don't have a parking 06:52:17.600 --> 06:52:22.060 requirement there however there are nine parking spaces on the site for the three 06:52:22.060 --> 06:52:25.920 uses that exist there today to share and two of those are designated on the site 06:52:25.920 --> 06:52:30.720 plan for use by this facility so while the site today is not entirely 06:52:30.720 --> 06:52:34.120 compatible with the surrounding uses at this time the screening and buffering 06:52:34.120 --> 06:52:37.080 that they're proposing and the staff is recommending would help bring it into 06:52:37.080 --> 06:52:42.240 compliance and mitigate those nuisances notification was sent regarding this 06:52:42.240 --> 06:52:47.320 request as of the time this presentation was put together we had received one 06:52:47.320 --> 06:52:51.800 opposition from the property to the east as well as one in favor from the subject 06:52:51.800 --> 06:52:56.720 property just today we received a second opposition that was provided to you at 06:52:56.720 --> 06:52:59.680 the work session that's from this property here at the corner of Austin 06:52:59.680 --> 06:53:04.720 and McKinney and that does bring the total percent opposition up to 12% there 06:53:04.720 --> 06:53:09.320 was no neighborhood meeting held for this request and staff is recommending 06:53:09.320 --> 06:53:13.140 approval with several conditions the first being that vehicle repair would be 06:53:13.140 --> 06:53:17.360 limited to the 600 square foot one-story building shown on the site plan the 06:53:17.360 --> 06:53:21.640 second that all customer vehicles for this facility for either repair or pick 06:53:21.640 --> 06:53:24.520 up following repairs would be kept behind that fence so that those two 06:53:24.520 --> 06:53:28.680 parking spaces would be left open for you know more short-term traffic all 06:53:28.680 --> 06:53:32.840 storage of vehicles would be behind the fence the third would be that the 06:53:32.840 --> 06:53:36.880 proposed six foot wood fence as shown on the site plan would be installed and 06:53:36.880 --> 06:53:40.920 maintained so long as the vehicle repair use is located on the property unless 06:53:40.920 --> 06:53:44.560 that storage area is paved and striped as a parking lot which is another option 06:53:44.560 --> 06:53:49.120 they could do to bring the site into compliance fourth would be that the 06:53:49.120 --> 06:53:52.360 proposed type C landscape buffer shown on the site plan along the southern 06:53:52.360 --> 06:53:55.360 property line be installed and maintained in accordance with the city's 06:53:55.360 --> 06:53:59.500 landscape code in addition staff recommends that the proposed type C 06:53:59.500 --> 06:54:03.240 buffer be installed also along the eastern property line along the 06:54:03.240 --> 06:54:06.960 existing wood fence up to the southern edge of that existing building that's 06:54:06.960 --> 06:54:11.840 shown on the site plan and if you if you look at the details on the plan you'll 06:54:11.840 --> 06:54:17.040 notice that the the buffer contains as they propose it smaller deciduous 06:54:17.040 --> 06:54:21.120 ornamental trees so staff additionally recommends that those be replaced with 06:54:21.120 --> 06:54:25.120 either medium or large canopy trees from our approved planting list so that that 06:54:25.120 --> 06:54:29.940 would help the site come into compliance with that 15% minimum I'm sorry 20% 06:54:29.940 --> 06:54:35.760 minimum tree canopy the fifth condition is that no storage of inoperable vehicles 06:54:35.760 --> 06:54:39.000 would be permitted on the subject property and then six that failure to 06:54:39.000 --> 06:54:42.720 adhere to these conditions could result in revocation of the SGP in accordance 06:54:42.720 --> 06:54:47.720 with the DDC provisions in subchapter six and with that I'm happy to answer any 06:54:47.720 --> 06:54:52.240 questions thank you Haley we do have a question Mr. Smith thank you chair Haley 06:54:52.240 --> 06:54:56.960 if the SCP is approved does the business owner or the or the I guess the 06:54:56.960 --> 06:55:01.480 lieutenant the building they still need to send a CEO completed as well before 06:55:01.480 --> 06:55:05.520 where's the SP wipe that out no they would still need the CEO they've 06:55:05.520 --> 06:55:09.680 actually applied for a CEO and it's it's declined at this point pending approval 06:55:09.680 --> 06:55:18.080 of the SGP thank you I do not see other questions thank you Haley this is a 06:55:18.080 --> 06:55:21.240 public hearing if anyone's wishing to speak you should may certainly do so we 06:55:21.240 --> 06:55:27.080 just ask that you fill out a card do you have one individual wanting to speak CJ 06:55:27.080 --> 06:55:39.080 moyo moyo okay he was here I think he stepped out during the break and I 06:55:39.080 --> 06:55:45.120 haven't seen him come back in I can go look for him if you'd like or yeah let's 06:55:45.120 --> 06:55:52.780 check real fast looks like Scott is looking into that here he is perfect 06:55:52.780 --> 06:56:01.000 mr. moyo if you can state your name and address for the record we'd appreciate 06:56:01.000 --> 06:56:07.160 it sure it's CJ moyo 8712 Swan Park Drive in Denton Texas like to thank the 06:56:07.160 --> 06:56:14.680 chair and the commissioners for this time thank you thank you Haley I just 06:56:14.680 --> 06:56:20.400 had ten quick points that I wanted to I'll read them quickly about what auto 06:56:20.400 --> 06:56:27.280 hail repairs is trying to do first of all this company applying for the SUP 06:56:27.280 --> 06:56:33.400 because we're trying to get this overlay on the property depth one was established 06:56:33.400 --> 06:56:40.160 in 2005 in Denton and we do somewhere in the tune of about 600 to a thousand 06:56:40.160 --> 06:56:47.280 cars a year auto hail repair wise it's a great team great service also we signed 06:56:47.280 --> 06:56:51.400 the lease for numerous years at this property 208 which is actually just 06:56:51.400 --> 06:56:56.440 across the street I don't know if you had a chance to take a look at the 06:56:56.440 --> 06:57:03.280 property there so we actually share the same area general and a lot with the 06:57:03.280 --> 06:57:07.820 taco shop in a secondhand store we're proposing some developments there that 06:57:07.820 --> 06:57:12.240 are gonna kind of make it a little clearer what we're trying to do but we 06:57:12.240 --> 06:57:18.760 signed a lease for numerous years there and you know really just to do auto hail 06:57:18.760 --> 06:57:25.480 repairs because at the time we're not aware of the new DDC and and things of 06:57:25.480 --> 06:57:31.440 that nature so our understanding was because of the specific characteristics 06:57:31.440 --> 06:57:38.060 of this building we figured you know it would be a straight shot for a CEO but 06:57:38.060 --> 06:57:46.360 um we submitted numerous applications for a CEO and finally learned that we 06:57:46.360 --> 06:57:51.240 could seek the SUP tool to address our request for continued use of this 06:57:51.240 --> 06:57:59.520 property we started using this property actually in April 1st of 2017 so we've 06:57:59.520 --> 06:58:04.800 had to you know kind of learn the process with dealing with this particular 06:58:04.800 --> 06:58:12.120 lease this facility great building though auto hail repairs are seasonal in 06:58:12.120 --> 06:58:19.800 nature due to spring and summer hailstorms PDR process which is what we 06:58:19.800 --> 06:58:27.800 propose to use at this facility does not involve any paint whatsoever no 06:58:27.800 --> 06:58:33.400 chemicals or substances in the case of Bondo for example these substances and 06:58:33.400 --> 06:58:36.960 such things are never used to achieve repairs of auto hail repairs it's 06:58:36.960 --> 06:58:42.120 spent it's through a special tools which are all made out of steel and it's 06:58:42.120 --> 06:58:52.120 really an art craft by the technicians so this means an environmentally safe 06:58:52.120 --> 06:58:58.320 use of the property and no stress on drainage etc to protect our neighborhood 06:58:58.320 --> 06:59:04.960 and pedestrians in that general area why why did we request to use this 06:59:04.960 --> 06:59:11.320 particular property this property and building on site as the site plans show 06:59:11.320 --> 06:59:17.760 is very compatible with the requested use for auto quick servicing which we 06:59:17.760 --> 06:59:24.040 believe was actually the reason why that building was built way back then access 06:59:24.040 --> 06:59:28.560 doors are out of the main traffic flow of McKinney Street so we think that's 06:59:28.560 --> 06:59:36.400 going to be a great thing in the sense that we don't interfere with McKinney 06:59:36.400 --> 06:59:43.720 traffic flow auto hail repairs are not intended as a permanent use of this 06:59:43.720 --> 06:59:50.360 property so the sub tool the SUP tool may allow use to achieve property owners 06:59:50.360 --> 06:59:56.320 desire to establish an event center and restaurant on the on a long term basis 06:59:56.320 --> 07:00:03.600 we've already seen the establishment of the taco shop so our use of the two 07:00:03.600 --> 07:00:09.660 garage bays and the proposed storage area would pave way for future 07:00:09.660 --> 07:00:15.580 developments there in conclusion having a had a chance to attend hearings on the 07:00:15.580 --> 07:00:19.960 new DDC draft in our relationship with property owners we feel that the proposed 07:00:19.960 --> 07:00:25.240 flat brings development and conformity to all the DDC standards for the property 07:00:25.240 --> 07:00:32.400 which will promote the city's 2030 plans for increased pedestrian traffic in this 07:00:32.400 --> 07:00:36.280 area with that I can take any questions thank you we do have a couple questions 07:00:36.280 --> 07:00:41.560 Commissioner Smith a chair definitely want to support small business down the 07:00:41.560 --> 07:00:45.720 downtown area and so I think that no I've gone over to second sports and 07:00:45.720 --> 07:00:49.480 Eastside and didn't kind of brewing over there it's a hey you guys fit in over 07:00:49.480 --> 07:00:54.120 there I think my only my only problem that I want to stress to you is that you 07:00:54.120 --> 07:00:59.160 know you kept operating after multiple times of being told to stop operator 07:00:59.160 --> 07:01:03.320 that you're operating without a CEO and we've had a case like this had come to 07:01:03.320 --> 07:01:08.640 us in the last couple months with another auto service shop operating out 07:01:08.640 --> 07:01:13.200 of a storage unit over off University the same thing you know just you can't 07:01:13.200 --> 07:01:16.920 whenever this whenever there's rules that we have to abide by it says the 07:01:16.920 --> 07:01:21.840 city for the safety of those around us got to abide by the rules and so you know 07:01:21.840 --> 07:01:25.800 I think it's much more of a scolding than it is a you know saying we're not 07:01:25.800 --> 07:01:31.520 going to vote for you but the but let's not do that okay thanks thank you 07:01:31.520 --> 07:01:36.960 Chris you're back thank you chair and mr. more you just pronounce that right 07:01:36.960 --> 07:01:44.920 that's perfect I'm not gonna shake hell damage repair help me understand your 07:01:44.920 --> 07:01:50.280 neighbor to the east I guess it is was concerned about the noise factor so what 07:01:50.280 --> 07:01:54.160 do you what do you do there that would make noise I mean you said you don't 07:01:54.160 --> 07:02:00.040 paint so there's not that but what kind of equipment would you use that would 07:02:00.040 --> 07:02:04.920 you know develop this noise that he's concerned about um you know I don't 07:02:04.920 --> 07:02:09.480 believe I'm aware of any noise complaints they may have been they didn't 07:02:09.480 --> 07:02:15.140 reach me but that generally the process involves a technician accessing the 07:02:15.140 --> 07:02:18.840 underside of the panel and basically just finessing the metal until it thanks 07:02:18.840 --> 07:02:24.680 okay so there's no heavy-duty equipment yeah noise equipment it may have been 07:02:24.680 --> 07:02:28.800 perhaps maybe some of the traffic going in and out something and okay well 07:02:28.800 --> 07:02:37.160 that's what I thought okay thank you mr. Sanchez now ale doesn't you know like 07:02:37.160 --> 07:02:42.280 you say it's kind of sporadic so in between there say you don't have hail 07:02:42.280 --> 07:02:48.520 for a couple years what and I mean in this area what would it be considered 07:02:48.520 --> 07:02:53.260 using it for something else no sir we have not used it for anything else we 07:02:53.260 --> 07:02:58.480 don't intend to but generally you figure there's a hailstorm event for about 10 07:02:58.480 --> 07:03:03.280 minutes 30 minutes and that will damage a hundred thousand cars in an area so 07:03:03.280 --> 07:03:09.480 there's a lot of work to do for a long time so in general you'll find that you 07:03:09.480 --> 07:03:14.440 know the use of this property could go on months and months after the event okay 07:03:14.440 --> 07:03:20.520 I do not see any other questions I appreciate you being here thank you this 07:03:20.520 --> 07:03:27.320 is a public hearing anyone wishing to speak may certainly do so seeing no 07:03:27.320 --> 07:03:30.280 other individuals wanting to speak I'll close the public hearing and turn it to 07:03:30.280 --> 07:03:36.280 the dais for discussion or motion Commissioner pernetta like to make a 07:03:36.280 --> 07:03:39.360 motion to approve can we have a first for approval 07:03:39.360 --> 07:03:43.400 Commissioner Cole second we have a first and a second for approval any 07:03:43.400 --> 07:03:50.400 discussion on the matter motion to approve with recommendations yes second 07:03:50.400 --> 07:03:56.360 thank you for the clarification mr. Beck any discussion on the item seeing none 07:03:56.360 --> 07:03:59.320 I'll call for a vote on the board 07:03:59.320 --> 07:04:11.120 motion carries seven zero congratulations the next item of 07:04:11.120 --> 07:04:20.280 business is item three I z 18 - 0 0 2 7 B I'll invite Sean Jacobson for 07:04:20.280 --> 07:04:24.000 presentation and open the public hearing 07:04:24.000 --> 07:04:36.640 good evening mr. chair and members of the planning and zoning Commission the 07:04:36.640 --> 07:04:43.240 request before you tonight is for a city initiated rezoning of the 15 tracks of 07:04:43.240 --> 07:04:48.640 land that make up the Denton Service Center just off Mingo Road about 45.13 07:04:48.640 --> 07:04:54.160 acres of land the issue we're seeking to resolve with this rezoning request is 07:04:54.160 --> 07:04:59.240 that currently those 15 parcels are covered by three different zoning 07:04:59.240 --> 07:05:06.240 districts dr1 and r4 and NRM you 12 we would like to unite all of those parcels 07:05:06.240 --> 07:05:14.600 under one zoning district DCG part of that goal there is to bring the zoning 07:05:14.600 --> 07:05:18.320 into line with the longtime use you'll see that I've highlighted the community 07:05:18.320 --> 07:05:23.200 service use which is what is ongoing at the site now is actually not permitted 07:05:23.200 --> 07:05:29.280 in two of the current zoning districts that cover this site so goal one is to 07:05:29.280 --> 07:05:33.080 bring that site entirely under one zoning district that actually it permits 07:05:33.080 --> 07:05:38.400 the use what that will allow then is a replatting of that site so that we don't 07:05:38.400 --> 07:05:44.040 have 15 different properties we have one property making up the service center 07:05:44.040 --> 07:05:49.360 DCG is also important because what to the things that need to be done on the 07:05:49.360 --> 07:05:53.840 site are resurfacing of the parking lot which you talked about a lot of parking 07:05:53.840 --> 07:05:57.760 lot there there requires more lot coverage than is permitted in the current 07:05:57.760 --> 07:06:03.840 zoning districts and also there is a need to expand the fleet services center 07:06:03.840 --> 07:06:09.840 on site and this will facilitate that it won't go outside the boundaries of the 07:06:09.840 --> 07:06:14.200 site but it'll simply provide for a slight expansion of the building that's 07:06:14.200 --> 07:06:18.520 on site now so when we look at a rezoning there are two key criteria we 07:06:18.520 --> 07:06:23.080 consider does it match the future land use and can we provide public services 07:06:23.080 --> 07:06:28.600 to it future land use designation for the service center is government and 07:06:28.600 --> 07:06:33.000 institutional use so that's listed the intent is for government owned land 07:06:33.000 --> 07:06:37.040 should include buildings and sites meant to serve a particular service for the 07:06:37.040 --> 07:06:40.920 city of Denton and were encouraged to locate them in a way that provides for 07:06:40.920 --> 07:06:45.240 shared services and efficient use of land this is actually a great example 07:06:45.240 --> 07:06:48.840 of that because a wide range of departments are able to use this one 07:06:48.840 --> 07:06:53.960 location and it's central to the city therefore because DCG provides both the 07:06:53.960 --> 07:06:58.360 use and the standards that are necessary for that current and ongoing service 07:06:58.360 --> 07:07:03.360 center use it is compatible with the intentions of the Denton plan 2030 in 07:07:03.360 --> 07:07:09.200 the future land use of that area our second criteria is adequate provision of 07:07:09.200 --> 07:07:12.600 public improvements this site has been developed for a long time water and 07:07:12.600 --> 07:07:17.400 sewer are already available and there's no expectation of an immediate increase 07:07:17.400 --> 07:07:21.600 major increase in trips from there in the long run there will be some vehicles 07:07:21.600 --> 07:07:26.200 added to the site but even the additions to the fleet services center right now 07:07:26.200 --> 07:07:30.560 are simply to deal with they don't have enough capacity for the buildings they 07:07:30.560 --> 07:07:34.200 already have on site so we're not expecting a major increase in trips from 07:07:34.200 --> 07:07:38.840 the site either finally compatibility with the area DCG 07:07:38.840 --> 07:07:42.520 necessary would actually be a continuation of the zoning that is 07:07:42.520 --> 07:07:47.000 already a long mingo and the railroad there you can see to the southeast it 07:07:47.000 --> 07:07:50.800 does permit the use that is on site and so it's more appropriate than the 07:07:50.800 --> 07:07:57.240 current three zoning districts that are covering the site at this time we did 07:07:57.240 --> 07:08:03.600 send out notifications both the 200 and 500 foot distances we received three 07:08:03.600 --> 07:08:09.000 responses in opposition to in favor we did have a neighborhood meeting on 07:08:09.000 --> 07:08:19.000 Monday staff does recommend approval of this request it meets our criteria and 07:08:19.000 --> 07:08:24.920 it achieves that goal put forward by the future land use with that I'll take any 07:08:24.920 --> 07:08:28.880 questions y'all have we do have some questions commissioner back thank you 07:08:28.880 --> 07:08:35.000 chair thanks Sean can you go back to a site that is a pretty clear picture of 07:08:35.000 --> 07:08:44.720 keep going okay go back for okay I need the biggest picture you can give me of 07:08:44.720 --> 07:08:50.080 the site all right as best you can show us where the fleet service center is and 07:08:50.080 --> 07:08:55.000 which direction are you going to be expanded in yes sir so the fleet 07:08:55.000 --> 07:08:59.760 services center is here okay and the expansion we go from about here to about 07:08:59.760 --> 07:09:03.680 there so it's going away from the residential area yes okay yes all right 07:09:03.680 --> 07:09:10.520 about 16,000 square feet okay thank you commissioner pernetta so when we're 07:09:10.520 --> 07:09:15.200 addressing the zoning basically we're consolidating everything based on what 07:09:15.200 --> 07:09:19.400 I'm seeing right now the character of what's already there isn't going to be 07:09:19.400 --> 07:09:25.000 changing drastically that is accurate sir okay and the responses that we got 07:09:25.000 --> 07:09:32.920 negatively tended to raise the point of property values and everything what was 07:09:32.920 --> 07:09:40.440 bought up in the work session was that as work is done on the parking areas and 07:09:40.440 --> 07:09:45.080 things like that at that point it triggers the fact that buffers and 07:09:45.080 --> 07:09:49.240 things like that would go in which would tend to beautify and actually cover that 07:09:49.240 --> 07:09:54.440 area from the residential which would kind of address the the issues that 07:09:54.440 --> 07:09:58.120 we're seeing with the opposition right that would be opportunity yes sir 07:09:58.120 --> 07:10:01.960 according to our standards because we'd be putting in an institutional use next 07:10:01.960 --> 07:10:04.960 to a residential use there would be landscaping buffering requirements yes 07:10:04.960 --> 07:10:09.520 sir okay excellent there's just things I wanted to clarify thanks to mr. Smith 07:10:09.520 --> 07:10:15.120 why'd my finger mr. Morris I know I gotta wipe my finger the city I said in 07:10:15.120 --> 07:10:19.440 work session I'll say it again pretty disappointed that the city just went 07:10:19.440 --> 07:10:22.760 ahead and started doing development whatnot without regards to the zoning but 07:10:22.760 --> 07:10:28.520 I am very very happy the city is willing to play by their own rules and to not 07:10:28.520 --> 07:10:32.520 not continue going forward in that manner of saying well zoning doesn't 07:10:32.520 --> 07:10:36.680 matter us we are the city so glad glad we're getting this all unified and we're 07:10:36.680 --> 07:10:41.720 we're playing with it on parameters so thank you absolutely sure mr. Sanchez 07:10:41.720 --> 07:10:48.360 yes I also wanted I just want to reaffirm what Smith said you know kind of 07:10:48.360 --> 07:10:51.680 disappointed but long term you know there's some small buildings that are 07:10:51.680 --> 07:10:55.520 going to be constructed but you're we're looking at a pretty large area which is 07:10:55.520 --> 07:11:00.320 I think 45 acres and when you look at that hole at 45 acres and you kind of 07:11:00.320 --> 07:11:07.360 drive the boundaries you see where there where there's a lot of as a neighbor and 07:11:07.360 --> 07:11:12.000 looking into that area whether it's my back in my backyard I think it's pretty 07:11:12.000 --> 07:11:17.760 depressing for the city not to put some kind of buffer around the whole 07:11:17.760 --> 07:11:23.640 area there's there's big neighborhoods right there if you look where you talked 07:11:23.640 --> 07:11:29.760 about the where they're going to be building those what did you call the 07:11:29.760 --> 07:11:34.920 fleet services services if you look to the right of that and then go up going 07:11:34.920 --> 07:11:39.320 north and then take you know just follow that line the boundary there's a lot of 07:11:39.320 --> 07:11:45.560 neighborhoods right there that probably you know don't deserve to be looking at 07:11:45.560 --> 07:11:50.560 all these all this big equipment I drove by there today there's a barrels of I 07:11:50.560 --> 07:11:54.240 don't know probably diesel or whatever sitting in there and you can see it 07:11:54.240 --> 07:12:00.560 right from the road it I'd like to see the city do a little bit more and instead 07:12:00.560 --> 07:12:05.720 of just waiting till the project comes and until they do a project and start 07:12:05.720 --> 07:12:09.160 building buffers around their whole property line so that neighbors don't 07:12:09.160 --> 07:12:12.640 have to look at that we wouldn't allow that in any other neighborhood you 07:12:12.640 --> 07:12:18.120 wouldn't allow that in any neighborhood except that one because the majority 07:12:18.120 --> 07:12:23.480 those people you would probably consider I don't know what their income is but 07:12:23.480 --> 07:12:27.440 it's not the upper end of the of the neighborhoods so I think it's allowed 07:12:27.440 --> 07:12:31.960 because because of the neighborhood and I think it's a shame that the city 07:12:31.960 --> 07:12:38.400 allows that they wouldn't do that up on North Denton or up a forest hill you 07:12:38.400 --> 07:12:42.160 know so I think it's time the the city wake up and put a buffer all the way 07:12:42.160 --> 07:12:53.600 around that okay Christian Pernetta I will be voting to prove this having said 07:12:53.600 --> 07:12:58.720 that one of the reasons that problematic is because in a way this is a 07:12:58.720 --> 07:13:05.720 complete right if we don't approve it nothing changes this area looks exactly 07:13:05.720 --> 07:13:12.200 the same way as it does and actually by voting you know by voting for it at the very 07:13:12.200 --> 07:13:16.920 least as they do more work on that we'll get those buffers and things like that 07:13:16.920 --> 07:13:23.640 but like I said I'll be voting for it I'm not sure you know what the rest of 07:13:23.640 --> 07:13:29.680 the which is going to be doing but I do want to stress to the people who live in 07:13:29.680 --> 07:13:56.600 this area and I'm not legal they want to jump in here I just wanted to say 07:13:56.600 --> 07:14:00.840 something on behalf of the city real quick as a 30 year employee this this 07:14:00.840 --> 07:14:04.400 facility the service center was out there when I first started working here 07:14:04.400 --> 07:14:11.800 30 years ago and the last citywide rezoning was in 2002 so I don't think it 07:14:11.800 --> 07:14:17.360 was the the idea that the city built the structure in violation of the zoning 07:14:17.360 --> 07:14:23.560 necessarily it's that the last zoning failed to account for the existing uses 07:14:23.560 --> 07:14:29.000 Christian Ellis thank you chair yeah I just I guess want to add a little bit 07:14:29.000 --> 07:14:33.320 more that I think this will allow improvements to get started by by 07:14:33.320 --> 07:14:38.200 changing the zoning at first I was a little bit concerned going DCG but 07:14:38.200 --> 07:14:44.320 looking at our draft zoning map for our new code and new draft it is labeled 07:14:44.320 --> 07:14:49.840 public facility which would eliminate other uses from from happening there so 07:14:49.840 --> 07:14:56.680 I was happy to see that and and I and I did question development services why are 07:14:56.680 --> 07:14:59.520 we doing this now knowing we're rewriting the code but this allows 07:14:59.520 --> 07:15:02.400 things to get started if we do it now we don't have to wait for ample 07:15:02.400 --> 07:15:07.800 implementation of a new code so make sense thank you Sean I don't see any 07:15:07.800 --> 07:15:12.160 other questions this is public hearing so anyone wishing to speak may certainly do 07:15:12.160 --> 07:15:17.920 so we just ask that you would fill out a card we do have some cards here that we'd 07:15:17.920 --> 07:15:23.200 love to hear your your thoughts on this the first one is Leonard Chavez the view 07:15:23.200 --> 07:15:27.040 to state your name and address for the record you would have four minutes to 07:15:27.040 --> 07:15:34.600 speak right next to the surface in I've lived there for about 50 years and my 07:15:34.600 --> 07:15:39.560 biggest concern is drainage I've been after the city for at least four or five 07:15:39.560 --> 07:15:44.320 years drainage still runs across my property they allowed some people up on 07:15:44.320 --> 07:15:48.360 the hill to build some homes all that water came down so what bothers me is 07:15:48.360 --> 07:15:51.920 when they go in there to start building that all this water is going to come 07:15:51.920 --> 07:15:58.280 right my direction and I know there's a lot of traffic that comes in and out of 07:15:58.280 --> 07:16:03.360 there which I can understand that but I also have 18 wheelers coming in that 07:16:03.360 --> 07:16:10.720 sometimes at midnight doing deliveries you know and in 2017 my house got 07:16:10.720 --> 07:16:15.440 flooded because of the hill before I never had that problem until they built 07:16:15.440 --> 07:16:19.760 Paco trail and then the water all started headed towards me now they've 07:16:19.760 --> 07:16:24.600 raised the road level up to where my property is lower than the road so 07:16:24.600 --> 07:16:31.600 everything comes to me and basically I just want to know what the plans are for 07:16:31.600 --> 07:16:41.320 the future of that property I don't have that answer as far as we've been 07:16:41.320 --> 07:16:46.520 informed there's not any changes in use going forward but if Scott would like to 07:16:46.520 --> 07:16:52.920 add clarity to that Scott McDonald director of development services mr. 07:16:52.920 --> 07:16:57.020 chair that ultimately the plan is this will have some interior renovations to 07:16:57.020 --> 07:17:01.280 the fleet services building and along with that will be parking lot improvements 07:17:01.280 --> 07:17:05.880 with those parking lot improvements the drainage will be taken into 07:17:05.880 --> 07:17:10.640 consideration so I think that if there are any conditions that exist today it's 07:17:10.640 --> 07:17:15.120 as a result of however many years that that's been existence and I don't know 07:17:15.120 --> 07:17:21.440 that when that was put in if there was any sort of plan ultimately I to look at 07:17:21.440 --> 07:17:25.840 that my personal opinion it was just a hodgepodge of of buildings and storage 07:17:25.840 --> 07:17:31.640 of equipment this is going to be a more pragmatic approach to how we address the 07:17:31.640 --> 07:17:37.000 parking situation the traffic situation and ultimately drainage I will tell you 07:17:37.000 --> 07:17:40.960 that the city's doing everything that it can do on any of its projects to be a 07:17:40.960 --> 07:17:45.200 good steward to our community to be representative of what it is that we're 07:17:45.200 --> 07:17:49.240 asking others to do in the community and and drainage is a big component of that 07:17:49.240 --> 07:17:53.840 so I most certainly will speak with a city engineer directly and and make sure 07:17:53.840 --> 07:17:57.000 that we look at this particular situation as well as I know to the 07:17:57.000 --> 07:18:00.080 future that we'll be addressing off-site drainage I appreciate the 07:18:00.080 --> 07:18:05.000 clarification thank you thank you Christian back thank you Scott quick 07:18:05.000 --> 07:18:11.720 question according to cave is do our 18 wheelers do they have a means of the 07:18:11.720 --> 07:18:19.080 ingress and egress in the back back there coming off Ruedale trap that let 07:18:19.080 --> 07:18:24.680 me let me say this I don't think that there's been a traffic management plan 07:18:24.680 --> 07:18:29.760 there so I think for the for the most part that there hasn't been much 07:18:29.760 --> 07:18:35.480 attention given to that I will say that we have been looking at that and I will 07:18:35.480 --> 07:18:39.720 say that we've made an awful lot of investments in the new streets in the 07:18:39.720 --> 07:18:44.920 area we've resurfaced and made repairs and we do not want those large trucks 07:18:44.920 --> 07:18:50.160 going over that so rather than making that commitment to say where they're 07:18:50.160 --> 07:18:54.600 going I will say that we are curtailing that and I know that we're gonna look at 07:18:54.600 --> 07:18:58.160 that even more so to the future as we make the improvements to the parking so 07:18:58.160 --> 07:19:01.640 ingress and egress is an important component I would say if that's going on 07:19:01.640 --> 07:19:05.600 that seems like it should be a violation of use that street that's a that's a 07:19:05.600 --> 07:19:12.680 small street we're we're attempting to correct the sins of the past so we're 07:19:12.680 --> 07:19:16.920 making any number of improvements to try to to make sure that that we are good 07:19:16.920 --> 07:19:20.400 neighbors and and we recognize that's a residential neighborhood and I don't 07:19:20.400 --> 07:19:23.160 know that it's been respected in the same way that we intend to do that to the 07:19:23.160 --> 07:19:29.880 future okay to be continued thank you thank you thank you we have another 07:19:29.880 --> 07:19:35.320 card here it says Pat Nash and Carolyn 07:19:37.800 --> 07:19:43.560 if you can just say it's your name and address for the record I reside at 1508 07:19:43.560 --> 07:19:49.560 Santos drive and I'm here about the property at 916 Northwood this was my 07:19:49.560 --> 07:19:53.840 parents house they bought it 60 years ago they're now deceased so my sister my 07:19:53.840 --> 07:20:01.160 brother and myself held the house the house is two houses down from Texas 07:20:01.160 --> 07:20:07.160 Street which crosses over right next to the city my brother's living there now 07:20:07.160 --> 07:20:12.960 and he says that and I know it is it's very noisy he says they start like at 07:20:12.960 --> 07:20:18.040 four o'clock in the morning with loud trucks and I will tell you this they 07:20:18.040 --> 07:20:23.680 may have fixed Paisley Street but Wood Street and probably Ruedell they're a 07:20:23.680 --> 07:20:31.440 wreck they're just horrible you can't even go down it hardly and the main 07:20:31.440 --> 07:20:34.600 concern was and I think y'all addressed that was there going to be a buffer of 07:20:34.600 --> 07:20:39.960 any sort they we've dealt with this for years with my parents but there's just 07:20:39.960 --> 07:20:44.840 no buffer and it's just getting worse and worse and worse and I just wanted to 07:20:44.840 --> 07:20:51.800 know if they're going to improve the roads over there put a buffer in and I 07:20:51.800 --> 07:20:58.560 wanted to know what was going to be done y'all said that and again we were 07:20:58.560 --> 07:21:04.080 worried about the property value was it being so close to where it is 07:21:04.080 --> 07:21:12.800 obviously doesn't help the property value so those are my concerns and I 07:21:12.800 --> 07:21:16.040 think that's all I have well I appreciate you coming out and vocalizing 07:21:16.040 --> 07:21:20.720 those thank you very much if you have another card 07:21:20.720 --> 07:21:27.400 Commissioner Pernetta sorry I did have a question for for you real quick so you 07:21:27.400 --> 07:21:31.640 mentioned some of the questions that you had speaking to you yes you mentioned 07:21:31.640 --> 07:21:38.840 some of the questions you had were addressed based on the condition of the 07:21:38.840 --> 07:21:44.400 you know the zoning in the area right now compared to what you we believe will 07:21:44.400 --> 07:21:50.040 be going forward are you are you more comfortable with what would be happen if 07:21:50.040 --> 07:21:54.440 we approve this then if than if we didn't are you I'm sorry could you kind 07:21:54.440 --> 07:21:59.720 of start okay I'm sorry so you mentioned that some of the questions that you had 07:21:59.720 --> 07:22:04.560 were addressed previously you mentioned buffer and you know basically the 07:22:04.560 --> 07:22:09.440 condition of the property is as adjacent to it to where you are based on what 07:22:09.440 --> 07:22:14.360 you've heard are you more comfortable with what you think what we what we all 07:22:14.360 --> 07:22:20.360 believe will be the case like what they said they're going to pay a little bit 07:22:20.360 --> 07:22:25.160 more attention to that neighborhood I mean it has run down over the years yes 07:22:25.160 --> 07:22:30.280 because a lot of the people that live there are now deceased and people buy 07:22:30.280 --> 07:22:34.640 the houses and and so it's not what it used to be but the people that still own 07:22:34.640 --> 07:22:40.960 the houses I remember it as my childhood home right and I hate to see that the 07:22:40.960 --> 07:22:47.240 road I mean it just just run down you know and I've been over there when the 07:22:47.240 --> 07:22:51.680 trucks city trucks they just go barreling down it's like they don't have 07:22:51.680 --> 07:22:57.980 any respect for that side of town right and I don't know I do feel better with 07:22:57.980 --> 07:23:02.880 what the buffer I do feel better about that and and if y'all could improve the 07:23:02.880 --> 07:23:06.480 roads that would be really be good I mean I thought when they did Paisley 07:23:06.480 --> 07:23:11.360 Street they were going to go ahead and go down wood but they didn't all right 07:23:11.360 --> 07:23:14.720 well thank you very much it looks like we have one more question for you ma'am 07:23:14.720 --> 07:23:19.640 because you're saying just yes you said noise is a big issue it starts pretty 07:23:19.640 --> 07:23:24.680 early in the morning 4 o'clock in the morning 4 o'clock in the morning so do 07:23:24.680 --> 07:23:28.880 you think what would be a good time to and that I know that they get to work 07:23:28.880 --> 07:23:32.800 pretty early but there is it is a neighborhood and that kind and that kind 07:23:32.800 --> 07:23:38.920 of a traffic is I'd say six at least I mean at least six okay most people are 07:23:38.920 --> 07:23:42.360 getting up at six or so to go to work you know unless they work nights and 07:23:42.360 --> 07:23:47.400 they've come home to go to bed but I would say I mean I just think four 07:23:47.400 --> 07:23:53.120 clocks pretty early okay I think it'll be an improvement what they're doing but I 07:23:53.120 --> 07:23:58.840 think there's certain things like noise that has to be addressed because it is 07:23:58.840 --> 07:24:03.080 a neighborhood and we have to look at that consider the neighbors okay we 07:24:03.080 --> 07:24:07.840 appreciate that very much like I said I don't I don't live there but I would go 07:24:07.840 --> 07:24:14.520 if I live there I'd be much noisier than I am now thank y'all thank you 07:24:14.520 --> 07:24:18.180 absolutely if you just come down and state your name and address for the 07:24:18.180 --> 07:24:20.520 record 07:24:20.520 --> 07:24:26.400 my name is Patsy Nash I live in Lewisville 1102 Pelville Brook Drive and 07:24:26.400 --> 07:24:31.440 and that's my sister but another concern will the city trucks be coming down 07:24:31.440 --> 07:24:37.120 Wood Street because you have the house that my mother has it's just the second 07:24:37.120 --> 07:24:42.240 house right there up where Texas where it goes down to the service center so 07:24:42.240 --> 07:24:52.340 will they be coming down Wood Street I think they have before and I'm I agree 07:24:52.340 --> 07:24:57.800 with picture Sanchez that their hood is you know run down it was our home when 07:24:57.800 --> 07:25:03.920 we were growing up it's all run down my brother lives there right now because we 07:25:03.920 --> 07:25:08.280 haven't done anything with the house but anyway that was that's a concern is to 07:25:08.280 --> 07:25:16.200 all the traffic because it is so close I mean I mean you just go you just go a 07:25:16.200 --> 07:25:19.920 little ways and take a left and you're about there at the service center you 07:25:19.920 --> 07:25:26.840 know thank you I appreciate you coming on it's asking the question absolutely if 07:25:26.840 --> 07:25:29.840 you just come forward and state your name and address for the record I'm 07:25:29.840 --> 07:25:34.880 Karen Rodriguez and I live at 821 North Roodale Street down this road from him 07:25:34.880 --> 07:25:40.280 and yes Roodale Street is tore up that's where all those trucks run through is 07:25:40.280 --> 07:25:44.560 right down Roodale Street and they do start early in the morning those of us 07:25:44.560 --> 07:25:48.400 that have little kids and yes I may be older but I haven't adopted a little 07:25:48.400 --> 07:25:54.080 girl and I mean it's just terrible and then the streets we get charged on our 07:25:54.080 --> 07:25:58.240 electric bill for the runoffs that we don't even have runoffs on our street we 07:25:58.240 --> 07:26:04.280 have no curbs we have no no I mean it's just a street and then when they fixed 07:26:04.280 --> 07:26:09.000 everybody else's they skipped our part they started from Paisley and went all 07:26:09.000 --> 07:26:13.640 the way down to McKinney on Roodale but when they got to Paisley they just quit 07:26:13.640 --> 07:26:18.920 from our street on down to Mingo they left it because that's where they 07:26:18.920 --> 07:26:24.100 traveled from and those big trucks are always right there on Roodale it's a 07:26:24.100 --> 07:26:29.400 mess it's a big mess and we keep wondering 07:26:29.400 --> 07:26:32.280 Leonard said he's talked to several people and they keep telling him we're 07:26:32.280 --> 07:26:38.240 on the road or we're on the list to be fixed and it's never gotten done I 07:26:38.240 --> 07:26:42.000 certainly can understand the frustration 07:26:42.000 --> 07:26:49.800 where are they gonna be parking around there because we also have issues with 07:26:49.800 --> 07:26:56.440 the rats and the raccoons and I've seen several coyotes my little girl thought 07:26:56.440 --> 07:27:02.160 they were puppies they seen the big dogs and then the little puppies they thought 07:27:02.160 --> 07:27:06.160 they were puppies she's mommy I wanna pass no no no don't touch those you know 07:27:06.160 --> 07:27:12.400 you gotta stay away from them there's just lots of coyotes over there and I 07:27:12.400 --> 07:27:16.680 have big issues with I don't want rats I don't want roaches I don't want any of 07:27:16.680 --> 07:27:22.440 that stuff from those those trucks sure certainly understand Scott I know you 07:27:22.440 --> 07:27:26.200 mentioned traffic can you clarify the intent of the city and using those 07:27:26.200 --> 07:27:30.080 roads perhaps well there's there's several things that are occurring 07:27:30.080 --> 07:27:35.600 simultaneously and and and I will say that I think there's some plans to use 07:27:35.600 --> 07:27:41.280 the site more appropriately than maybe what it is you so some of that land that 07:27:41.280 --> 07:27:45.880 that has been used for storage of materials is probably going to turn into 07:27:45.880 --> 07:27:49.840 parking I think much more of that is going to move towards the railroad tracks 07:27:49.840 --> 07:27:54.120 rather than the residential so I think there'll be some changes in use it's 07:27:54.120 --> 07:27:57.760 going to take a while to get to that point and I say that meaning that the 07:27:57.760 --> 07:28:02.000 building expansion will occur first than the parking so that we're not tearing up 07:28:02.000 --> 07:28:08.600 the parking to address the the progress on streets I know that there are and I 07:28:08.600 --> 07:28:13.680 can't tell you the specifics but some of those streets have been rebuilt and 07:28:13.680 --> 07:28:18.560 others will be rebuilt so those are all those are all scheduled to be done I 07:28:18.560 --> 07:28:23.080 just can't speak specifically to the schedule I will have staff collect their 07:28:23.080 --> 07:28:26.720 their information as far as contact information and I'll make sure that we 07:28:26.720 --> 07:28:29.960 get back with them with some specifics on what the plans are for each of those 07:28:29.960 --> 07:28:36.320 streets great as far as addressing the noise I'll also address that with staff 07:28:36.320 --> 07:28:42.600 is to again if we have equipment on that side of the property then we need to be 07:28:42.600 --> 07:28:47.540 more respectful and obviously try to use it in a different way so I don't know 07:28:47.540 --> 07:28:50.640 how much of that's been communicated but I'll certainly make sure that it is I 07:28:50.640 --> 07:29:04.600 appreciate that and I think the buffers would help sound as well just to piggy 07:29:04.600 --> 07:29:08.600 back on on what Scott had just talked about we actually have an additional 07:29:08.600 --> 07:29:12.800 neighborhood meeting scheduled prior to this going to council that's scheduled 07:29:12.800 --> 07:29:17.640 for March 18th and so what we can try to do is make sure that we have the staff 07:29:17.640 --> 07:29:21.240 members city engineer and those involved at that meeting to answer some of these 07:29:21.240 --> 07:29:26.240 questions that way everyone's there at one point in time and so we'll reach out 07:29:26.240 --> 07:29:29.440 to you again and provide you with that that information I know we don't have 07:29:29.440 --> 07:29:34.640 this going to council until April 2nd 07:29:47.640 --> 07:29:54.640 sorry can you repeat the question and then answer it just so the audience can 07:29:54.640 --> 07:30:00.880 hear yeah so that's going to be okay the question was where will the 07:30:00.880 --> 07:30:06.400 neighborhood meeting on March 18th be held and that that meeting is going to 07:30:06.400 --> 07:30:13.440 be held at the City Services facility center on Woodrow okay Woodrow Street 07:30:13.440 --> 07:30:17.560 and I'll be happy to make sure what we do have that posted on the website 07:30:17.560 --> 07:30:21.120 and we have sent that information out but I'll be happy to make sure we 07:30:21.120 --> 07:30:27.760 communicate that exact address perfect thank you Sean this is a public hearing 07:30:27.760 --> 07:30:31.000 we've had some great feedback if there's anyone else who would like to speak on 07:30:31.000 --> 07:30:39.000 the item certainly can do so seeing none I will close public hearing and turn to 07:30:39.000 --> 07:30:43.160 the dais for discussion or motion Commissioner Smith make a motion for 07:30:43.160 --> 07:30:48.520 approval we have a first for approval Commissioner Pernetta let's second the 07:30:48.520 --> 07:30:56.960 motion we have a first and a second for approval is there any discussion the 07:30:56.960 --> 07:31:00.560 only thing I would like to add is is I think I can speak on the entire behalf 07:31:00.560 --> 07:31:05.920 of the Commission by thanking you for coming out and providing context to this 07:31:05.920 --> 07:31:09.400 I think it's the right thing to move forward to consolidate that but it seems 07:31:09.400 --> 07:31:14.600 in tandem with that the city has some obligations and some opportunities to 07:31:14.600 --> 07:31:19.120 help the surrounding neighborhood so I would encourage you to go to the both 07:31:19.120 --> 07:31:25.680 the neighborhood meeting and the council and let them know and your vocal pressure 07:31:25.680 --> 07:31:30.400 can help ensure that the task being done with buffers and rearranging of parking 07:31:30.400 --> 07:31:35.800 and streets and traffic that stays ever-present on the council's mind and on 07:31:35.800 --> 07:31:39.840 city staff to move that forward so thank you for coming out I appreciate it 07:31:39.840 --> 07:31:43.760 tremendously I will be in support of this but with the hope that some of 07:31:43.760 --> 07:31:47.920 those ancillary streets do you see some remediation with that I'll call for a 07:31:47.920 --> 07:31:50.400 vote on the board 07:31:56.200 --> 07:32:11.080 the motion carries 7-0 the next item for business is item 3 JZ 19 - 0 0 0 1 call 07:32:11.080 --> 07:32:16.240 Ron Minguita to present and open the public hearing 07:32:26.440 --> 07:32:45.320 thank you chair members of the Commission bring forward for your 07:32:45.320 --> 07:32:51.520 consideration is a rezoning change request for a property located north of 07:32:51.520 --> 07:33:00.600 Robertson just east of Skinner Road and west of the railroad tracks the property 07:33:00.600 --> 07:33:06.560 is being considered for rezoning for the purpose of the applicants request to 07:33:06.560 --> 07:33:14.880 establish a restaurant use on 509 and 511 Robertson the approximate acreage is 07:33:14.880 --> 07:33:24.760 0.82 acres as shown here on the aerial a line in yellow by way of background the 07:33:24.760 --> 07:33:34.600 subject property prior to 2002 was zone SF7 in 2002 it was then rezoned part of 07:33:34.600 --> 07:33:43.600 the zoning change of this entire city to NR4 but just before 2002 I skipped 1996 07:33:43.600 --> 07:33:50.000 the applicant or the property here at the time requested that the property be 07:33:50.000 --> 07:34:01.400 zoned for commercial or restaurant use that was not accepted or approved the 07:34:01.400 --> 07:34:07.160 owner was given the option to rezone they opted to seek a variance through 07:34:07.160 --> 07:34:11.000 the Zoning Board of Adjustment and again in 1996 the Zoning Board of 07:34:11.000 --> 07:34:15.680 Adjustment granted not a restaurant not a restaurant but rather a catering 07:34:15.680 --> 07:34:21.720 establishment and so that was the use that was carried forward from 1996 to 07:34:21.720 --> 07:34:30.720 present recently in September of 2018 a property owner I'm sorry a business owner 07:34:30.720 --> 07:34:37.440 I wanted to again try to apply for a restaurant use for the subject 509 and 07:34:37.440 --> 07:34:44.000 511 that application was denied again for the fact that the zoning did not 07:34:44.000 --> 07:34:50.160 permit for a restaurant use working with the applicant between December and 07:34:50.160 --> 07:34:55.640 January we concluded that the direction that the applicant needed to do was a 07:34:55.640 --> 07:35:01.200 zoning change request and that is why we are here today the zoning that they're 07:35:01.200 --> 07:35:07.640 requesting is NRMU which is a zoning district that will permit NR will 07:35:07.640 --> 07:35:11.680 permit a restaurant use there is a limitation because it is a 07:35:11.680 --> 07:35:16.560 neighborhood mixed use that the restaurant use cannot exceed more than 07:35:16.560 --> 07:35:24.920 4,000 square feet and that it's only a sit-down type restaurant just want to 07:35:24.920 --> 07:35:31.400 make mention that the property owner through another venue we had several 07:35:31.400 --> 07:35:37.240 public open houses as you all recall back in early of 2018 where we were 07:35:37.240 --> 07:35:41.560 talking about the zoning map the property owner approached the staff and 07:35:41.560 --> 07:35:48.240 asked that the property be rezoned as part of the upcoming zoning map update we 07:35:48.240 --> 07:35:54.080 thought that was a good idea with it being a focus area a commercial corridor 07:35:54.080 --> 07:36:01.180 the area which I'll describe a little bit further is is with some non 07:36:01.180 --> 07:36:08.120 residential uses however that zoning map as you all heard during a work session 07:36:08.120 --> 07:36:15.320 is not for some time looking at April for its consideration we explained that 07:36:15.320 --> 07:36:24.200 to the to the applicant they were not really wanting to wait they rather rezone 07:36:24.200 --> 07:36:28.240 the property so that they can get started on their restaurant use and so 07:36:28.240 --> 07:36:34.200 we're bringing that forward in front or in ahead of the DDC DDC update in the 07:36:34.200 --> 07:36:42.320 zoning map request so here is the aerial that shows the site the restaurant or 07:36:42.320 --> 07:36:47.520 the proposed restaurant use proposed zoning area is generally in this area 07:36:47.520 --> 07:36:55.560 here there is already NRM you in the area these two lots north of Robertson 07:36:55.560 --> 07:37:00.560 as well as South Robertson is currently zone NRM you and you can see that 07:37:00.560 --> 07:37:05.640 between Skinner to the railroad there are some single-family however some of 07:37:05.640 --> 07:37:11.520 the areas that you can see here are currently under developer under are not 07:37:11.520 --> 07:37:18.960 currently used so this would lend itself for a possible commercial note if that 07:37:18.960 --> 07:37:25.200 is what is being accepted to the south is the Fred Moore Learning Center and 07:37:25.200 --> 07:37:31.600 again according to the applicant this property has been used as a restaurant 07:37:31.600 --> 07:37:40.280 prior to 1996 the city just does not have any records she does have and she 07:37:40.280 --> 07:37:45.640 has provided proof via documentation and I'm sure she'll be able to share that 07:37:45.640 --> 07:37:51.160 with you all but again looking at this area between Skinner the railroad south 07:37:51.160 --> 07:37:56.000 to the Fred Moore Learning Center and north of the towards the channel it 07:37:56.000 --> 07:38:02.000 would serve to community as a focus area and we're certainly looking at this as a 07:38:02.000 --> 07:38:10.880 potential mix use area for any rezoning requests there is considerations that we 07:38:10.880 --> 07:38:17.200 need to require to look into as far as approval criteria there are two and 07:38:17.200 --> 07:38:24.080 you've heard several past cases and the same criteria apply does it conform with 07:38:24.080 --> 07:38:28.480 the future land use element the future land use element shows this area as 07:38:28.480 --> 07:38:34.480 residential low however there are other parts of the dental plan 2030 that 07:38:34.480 --> 07:38:40.320 promote community neighborhood services as well as walkability and we see that 07:38:40.320 --> 07:38:45.760 again looking at the area site specific there is an opportunity here that we can 07:38:45.760 --> 07:38:53.880 certainly support some mixed uses does the proposed area can facilitate the 07:38:53.880 --> 07:38:58.640 adequate provision of services and the answer is yes there are currently 07:38:58.640 --> 07:39:04.400 services in the area and the use that is being proposed and hopefully in the 07:39:04.400 --> 07:39:09.840 future can serve the the uses that we'll see if that again is the case with the 07:39:09.840 --> 07:39:21.800 proposed rezoning section 35 3 3 b3 also provides additional review for zoning 07:39:21.800 --> 07:39:27.160 requests that are not consistent with the future land use map and the items 07:39:27.160 --> 07:39:31.680 that's listed here are covered in your backup looking at existing land use 07:39:31.680 --> 07:39:38.480 patterns through considering it is in an isolated zoning district encouraging you 07:39:38.480 --> 07:39:42.880 know again the most appropriate use of the land and based on staff's analysis 07:39:42.880 --> 07:39:46.440 and based on what's currently on the ground so that feels that that is the 07:39:46.440 --> 07:39:53.480 case and for that reason I'm sorry I kind of jumped ahead the public hearing 07:39:53.480 --> 07:39:59.360 notices were sent out you can see that the area here in this exhibit shows the 07:39:59.360 --> 07:40:05.000 boundaries or the buffer areas where the 200 and the 500 foot radiuses are as of 07:40:05.000 --> 07:40:10.880 this evening we have not received any response either in opposition or in 07:40:10.880 --> 07:40:19.600 favor some photos of the site shown here the larger exhibit or photo shows the 07:40:19.600 --> 07:40:24.880 restaurant or the building that is currently used as a catering 07:40:24.880 --> 07:40:30.440 establishment and is the subject of what is being requested to be a restaurant if 07:40:30.440 --> 07:40:38.240 again the zoning is approved so with that again it per the the criteria for 07:40:38.240 --> 07:40:42.920 approval and the additional requirements for looking at zoning that is not 07:40:42.920 --> 07:40:47.720 necessarily consistent with the future land use map we the staff is recommending 07:40:47.720 --> 07:40:52.440 approval of this zoning change requests and I'll be happy to stand for any 07:40:52.440 --> 07:41:02.580 questions. Commissioner Smith. Thank you chair. Ron why aren't there any overlay 07:41:02.580 --> 07:41:07.000 restrictions being put on this by staff recommendations for NRM uses there are 07:41:07.000 --> 07:41:11.440 other uses whatnot and of course this area is specifically an area that we 07:41:11.440 --> 07:41:14.640 think that this building would be used for just restaurant use but why a staff 07:41:14.640 --> 07:41:17.360 are recommending any restrictions to just make it down just that just the 07:41:17.360 --> 07:41:22.180 restaurant use alone. We didn't see a need again looking at the area let me 07:41:22.180 --> 07:41:29.680 zoom back here we feel that the area would not need an overlay I mean if we 07:41:29.680 --> 07:41:33.520 were to consider obviously one would would be the height but I don't think 07:41:33.520 --> 07:41:38.240 that would be the case we feel that that is something that would be handled 07:41:38.240 --> 07:41:44.360 through the development standards and again there has been no opposition or any 07:41:44.360 --> 07:41:49.280 responses so not sure if there would be any need for it. My only my only fear is 07:41:49.280 --> 07:41:54.280 15-20 years down the road this area gets gentrified some says well that's lots in 07:41:54.280 --> 07:41:58.720 RMU we wipe out this building here and put a put an apartment here because I 07:41:58.720 --> 07:42:01.840 can or whatever it is and there's or puts put not necessarily apartment but 07:42:01.840 --> 07:42:04.920 you know what I'm saying is that go delve into some of the higher uses and 07:42:04.920 --> 07:42:08.320 so you know we've we've seen things like this but from us as a commission 07:42:08.320 --> 07:42:13.400 before and and restricted the limp the use down to specifically what the 07:42:13.400 --> 07:42:18.760 applicants wanting and kind of almost a moral memorializing them the restaurant 07:42:18.760 --> 07:42:21.360 itself is always being a restaurant always going to be a restaurant no matter 07:42:21.360 --> 07:42:26.120 what. Right and and and that that can be a pro and a con right if we if we do an 07:42:26.120 --> 07:42:30.120 overlay sometimes that would limit any potential other uses that could 07:42:30.120 --> 07:42:33.680 potentially be in this area so again we want to make sure that this serves as a 07:42:33.680 --> 07:42:37.960 neighborhood servicing area so if it's a different use and it's permitted in that 07:42:37.960 --> 07:42:41.800 zoning district we certainly want to encourage that as well and just just by 07:42:41.800 --> 07:42:46.400 way of again we will be talking about this more during our discussions with 07:42:46.400 --> 07:42:54.520 the den plan update I'm sorry den code update MN would be the suitable NRM you 07:42:54.520 --> 07:43:00.540 transition from from NRM you and we are certainly going to look into any 07:43:00.540 --> 07:43:05.760 limitation as far as MN when it applies to areas within a neighborhood such as 07:43:05.760 --> 07:43:11.020 what you see in this area. Got it. Thanks. Commissioner Beck. Thank you chair and 07:43:11.020 --> 07:43:17.160 thanks Ron. Just curious and not that I'm lying that it the NRM you it's being 07:43:17.160 --> 07:43:25.320 requested here encompasses the residents next door to it too but why just wondering 07:43:25.320 --> 07:43:28.520 why it didn't focus on the area where the restaurant is going to be at the 07:43:28.520 --> 07:43:32.800 parking lot and in the house or the restaurant it it encompasses that house 07:43:32.800 --> 07:43:38.120 next to it too. Was there a reason for that? The my understanding is the the 07:43:38.120 --> 07:43:44.720 applicant I'm sorry the property owner owns all four lots and they're they're 07:43:44.720 --> 07:43:50.720 wanting to make this again I'll let the applicant speak to their future plans 07:43:50.720 --> 07:43:56.080 my understanding is that they all they own all four lots that are identified. 07:43:56.080 --> 07:43:59.740 Four lots there's three that face Robertson then one and then the one in 07:43:59.740 --> 07:44:05.200 the back and that could potentially be used as you know either additional areas 07:44:05.200 --> 07:44:08.880 for seating or just storage associated with the restaurant use. Well and I hope 07:44:08.880 --> 07:44:13.400 this goes forward I really do I when I my wife from St. Louis and when I go up 07:44:13.400 --> 07:44:17.120 and visit with her you go to those older cities like that and in the 07:44:17.120 --> 07:44:21.060 neighborhoods on the corners there's little restaurants there's pubs there's 07:44:21.060 --> 07:44:25.280 little bakeries and everything like that it's all within walking distance so I'd love 07:44:25.280 --> 07:44:28.280 to see this area develop into something like that. Right and I think there's some 07:44:28.280 --> 07:44:31.720 history back to this and I know it doesn't it hasn't carried forward like we 07:44:31.720 --> 07:44:34.680 would like to see but I think that's something that well as we move forward 07:44:34.680 --> 07:44:38.280 yeah it's gonna have to come up to code and everything that's right exactly any 07:44:38.280 --> 07:44:44.160 would any any restaurant use would have to come in and apply for a CEO and go 07:44:44.160 --> 07:44:50.480 through the inspections and related code requirements. Sure okay thank you Ron. 07:44:50.480 --> 07:44:56.080 Ron I have a couple questions for Commissioner Burnett I have some questions can you tell me 07:44:56.080 --> 07:45:05.040 what is the definition of spot zoning? Well spot zoning is looking at if you 07:45:05.040 --> 07:45:11.200 were to look at a larger area and you identify an area obviously spot of that 07:45:11.200 --> 07:45:16.320 area that's generally what it's referred to there's obviously a lot of different 07:45:16.320 --> 07:45:21.660 ways of looking at it there is a lot of literature that talks about what's 07:45:21.660 --> 07:45:27.320 considered spot zoning what's not we we don't see this as as a spot zoning we 07:45:27.320 --> 07:45:30.840 look at this and we'll again part of our recommendation is that we're going to be 07:45:30.840 --> 07:45:36.000 looking at this at a larger area scale when we're looking at the den plan sorry 07:45:36.000 --> 07:45:43.920 den code update as well as the draft zoning map. Thank you for that the other 07:45:43.920 --> 07:45:50.800 question I have is it seems too hard for me not to notice that three items ago we 07:45:50.800 --> 07:45:57.760 had in NRMU 12 have pushed back from the city to go to MRNU I know it wasn't 07:45:57.760 --> 07:46:05.000 your item per se but there was two concerns stated on that was one the 07:46:05.000 --> 07:46:11.120 staff felt that by changing MRMU 12 to an MRMU could potentially start 07:46:11.120 --> 07:46:15.960 cascading other zoning this idea of zoning creep was a concern that was 07:46:15.960 --> 07:46:20.640 expressed by the city and then the other concern was just the general 07:46:20.640 --> 07:46:26.040 transition from one zone to another just like the overall density from moderate 07:46:26.040 --> 07:46:33.320 and to high density as you approach loop 288 but yet in this situation the city 07:46:33.320 --> 07:46:38.240 to Commissioner Smith's point did not put an overlay on this it's not an MRMU 12 07:46:38.240 --> 07:46:44.280 to an MRMU it's an NR4 to an MRMU and I understand that there's a restaurant 07:46:44.280 --> 07:46:53.440 there now but without any overlays there could be a lot a vet a middle school a 07:46:53.440 --> 07:47:01.560 hotel a bed-and-breakfast elderly housing center and so I'm trying to 07:47:01.560 --> 07:47:06.280 understand the consistency from the city's perspective as I walk through 07:47:06.280 --> 07:47:08.680 this and that's not necessarily a question but sure something I'm gonna 07:47:08.680 --> 07:47:15.920 hopefully hear out as citizens provide feedback but it is something that I'm 07:47:15.920 --> 07:47:18.360 trying to process through and I understand the context of future zoning 07:47:18.360 --> 07:47:24.000 happening but we just saw a case where the city was proactively zoning I just 07:47:24.000 --> 07:47:29.000 don't know how a future zoning potentially on the road should affect a 07:47:29.000 --> 07:47:34.360 zoning tonight and then I just got two responses to that and just wave looking 07:47:34.360 --> 07:47:40.560 at it one we understand the the creeping right but I mean we look at the area the 07:47:40.560 --> 07:47:44.280 existing area I think that those are two separate locations and we really want to 07:47:44.280 --> 07:47:49.320 focus in this area the other thing is that what what we have as far as history 07:47:49.320 --> 07:47:55.000 and we know that this area has been used for non residential uses and so that 07:47:55.000 --> 07:48:00.720 gives us a little bit more of a reason for for looking at a non residential 07:48:00.720 --> 07:48:08.760 zoning district in the past we we we look at not only what could be adjacent 07:48:08.760 --> 07:48:13.760 to this area what potentially could be used in this area and again based on 07:48:13.760 --> 07:48:19.040 what we have as far as history and what we want an invasion for the future I 07:48:19.040 --> 07:48:24.680 think that the NRMU fits of in this particular area okay thank you 07:48:24.680 --> 07:48:29.160 Commissioner Burnetta yeah and I kind of want to piggyback off of you know what 07:48:29.160 --> 07:48:31.760 what the chair just mentioned what Commissioner Smith mentioned a little 07:48:31.760 --> 07:48:39.680 while ago and he raised a very good point about gentrification I am for 07:48:39.680 --> 07:48:44.440 allowing this but I'm a little nervous about how we go about doing it I like 07:48:44.440 --> 07:48:47.880 the idea of an overlay because that would be very specific to this building 07:48:47.880 --> 07:48:52.760 and specifically what they're doing as we know Denton's growing property values 07:48:52.760 --> 07:48:57.080 are going up we are this area is ripe for gentrification and I want to make 07:48:57.080 --> 07:49:01.920 sure that whatever we do preserves the character and the history of this area 07:49:01.920 --> 07:49:09.240 and protects the people who live here from that kind of encroachment we know 07:49:09.240 --> 07:49:11.760 that you know the you know the development codes are going to be 07:49:11.760 --> 07:49:17.000 changing very quickly now you mentioned that this would be getting ahead of that 07:49:17.000 --> 07:49:23.400 off the top of your head based on what's going to be coming in the code is is 07:49:23.400 --> 07:49:27.640 what we're voting on here going to be essentially something that would be 07:49:27.640 --> 07:49:33.360 happening anyway in that area or is there something if we were to try and 07:49:33.360 --> 07:49:38.040 take the route of an overlay would we be doing something that would protect that 07:49:38.040 --> 07:49:41.880 area but eventually would wind up being overridden by it by that code yeah just 07:49:41.880 --> 07:49:45.720 just again some again these are all preliminary discussions you know nothing 07:49:45.720 --> 07:49:51.960 is final until the the council approves the code but I know that as far as a 07:49:51.960 --> 07:49:56.840 committee that meets on this specifically they talked about the MN 07:49:56.840 --> 07:50:02.920 because this would transition to an MN if that is the proposed zoning gets 07:50:02.920 --> 07:50:12.520 approved NRMU transitions into MN any building that's over 45 feet requires a 07:50:12.520 --> 07:50:16.280 specific use permit that's something that's being discussed so that's that's 07:50:16.280 --> 07:50:20.400 a limitation on height if this were to go forward as an MN in the in the draft 07:50:20.400 --> 07:50:24.840 zoning or the zoning map update so that that's another you know that's a way of 07:50:24.840 --> 07:50:29.080 looking at as well and I don't think that's been the purview of the planning 07:50:29.080 --> 07:50:32.840 zoning Commission because it's still being discussed but anything again under 07:50:32.840 --> 07:50:38.600 the MN where where the building is proposed to be over 45 feet I believe 07:50:38.600 --> 07:50:43.920 would require a specific use permit that's going to be built in with all MNs 07:50:43.920 --> 07:50:47.480 throughout the city so so when you're mentioning that and you're talking about 07:50:47.480 --> 07:50:51.760 and I think the reason you're talking about the height is to basically address 07:50:51.760 --> 07:50:55.320 the idea of there being the you know the the type of developments like they have 07:50:55.320 --> 07:51:00.120 on Fry Street where apartments on top of what you know on top of the mixed use 07:51:00.120 --> 07:51:07.520 ranks but outside of the height so the MN like I said is basically the 07:51:07.520 --> 07:51:15.800 replacement for the NRMU so in essence this would it be this this strip that 07:51:15.800 --> 07:51:20.280 would now be an M right that's that's that's something that we're we're 07:51:20.280 --> 07:51:24.480 looking into actually this would be this is what we're considering tonight this 07:51:24.480 --> 07:51:29.160 area here and you can see that this is already zoned NRMU this parcel and then 07:51:29.160 --> 07:51:34.440 this parcel here this is actually a non-residential use we do have some 07:51:34.440 --> 07:51:38.520 residential use there I understand but there's also some underutilized 07:51:38.520 --> 07:51:43.120 properties here and then you got the railroad on one side and that that 07:51:43.120 --> 07:51:50.400 creates that focus area that we're referring to okay so in a sense in a 07:51:50.400 --> 07:51:55.480 sense the what we're voting on is essentially coming to the whole area what 07:51:55.480 --> 07:51:59.440 we're looking at tonight is simply expediting that particular location is 07:51:59.440 --> 07:52:04.040 that is that accurate say that one more time is it in a sense you know you kind 07:52:04.040 --> 07:52:09.280 of drew a circle around us that this would all be and everything so in months 07:52:09.280 --> 07:52:12.840 or whatever you know a few months that that essentially is going to be applied 07:52:12.840 --> 07:52:17.480 to this in the whole area what we're basically getting down to is expediting 07:52:17.480 --> 07:52:23.840 that applied to this particular business is that right that is that is correct in 07:52:23.840 --> 07:52:27.720 that you know we explained to the property owner that we would be 07:52:27.720 --> 07:52:33.760 considering this for a zoning district that would allow mix of uses they they 07:52:33.760 --> 07:52:38.680 would have they rather move this move move forward sooner than later again as 07:52:38.680 --> 07:52:44.360 I explained earlier because the that zoning map update is unsure we're unsure 07:52:44.360 --> 07:52:47.740 as far as when that will actually occur and so they wanted to move forward 07:52:47.740 --> 07:52:52.520 sooner than later okay if I can address real fast the the draft zoning map does 07:52:52.520 --> 07:52:56.680 not have that as em in oh it doesn't it is not okay so it would have to be 07:52:56.680 --> 07:53:00.000 rezoned to em in that isn't right that that's something that we're currently 07:53:00.000 --> 07:53:05.000 looking into it's it's it's not again something that that draft map that we 07:53:05.000 --> 07:53:08.440 have is just that it's just still a drought okay so all right so that's just 07:53:08.440 --> 07:53:13.860 okay it's a preliminary conversation and in theory if we were to take the 07:53:13.860 --> 07:53:21.880 the tact of doing an overlay specifically to this property in essence 07:53:21.880 --> 07:53:29.080 it wouldn't be a moot point as of now right we we will take your 07:53:29.080 --> 07:53:33.520 recommendation when I say we the staff will take your recommendation to City 07:53:33.520 --> 07:53:37.760 Council if there is an overlay that is that is up to the Commission to make a 07:53:37.760 --> 07:53:43.120 recommendation but again staff did not see a need for an overlay okay for this 07:53:43.120 --> 07:53:46.040 particular zoning case all right thank you that's all I had 07:53:46.040 --> 07:53:55.000 Commissioner Sanchez yes I'm looking at the there's already some and an NMRU 07:53:55.000 --> 07:54:00.040 properties there the historical I guess what I look at is that there's some 07:54:00.040 --> 07:54:05.080 historical justification for making it a restaurant and the community that we're 07:54:05.080 --> 07:54:10.360 talking about is Southeast Denton it has some unique characters that you're not 07:54:10.360 --> 07:54:14.280 going to find in other in other areas of the city simply because it is 07:54:14.280 --> 07:54:19.840 Southeast Denton in Southeast Denton you have your own barbershop you have we not 07:54:19.840 --> 07:54:25.080 recently we approved the funeral home expansion and we've done some because 07:54:25.080 --> 07:54:30.480 those were historical uses for the for that area right it has history and so 07:54:30.480 --> 07:54:35.920 that's why I look at this is that these are historical uses for this area just 07:54:35.920 --> 07:54:43.720 like Fred Moore school across the street so I just wanted to mention that is that 07:54:43.720 --> 07:54:49.480 Denton is and that not only is Robertson Road it's kind of like the entrance into 07:54:49.480 --> 07:54:53.960 that come into that neighborhood it's it's kind of the corridor so having a 07:54:53.960 --> 07:54:58.820 restaurant in that area kind of invites you into the rest of this into the rest 07:54:58.820 --> 07:55:06.560 of Southeast Denton so I just want to say is then Southeast Denton is not what 07:55:06.560 --> 07:55:11.200 the rest of Denton is it's unique in that they had there because of their 07:55:11.200 --> 07:55:14.600 situation they had it own unique restaurants their own barbershops and 07:55:14.600 --> 07:55:19.360 this is one of those historical uses that occurred in that neighborhood and I 07:55:19.360 --> 07:55:23.240 think it has to be remembered that's what it was and and I know I've heard 07:55:23.240 --> 07:55:29.040 people talk about that in about that restaurant and when they used to go to 07:55:29.040 --> 07:55:33.200 Fred Moore school and stuff so I think it's very important to bring that back 07:55:33.200 --> 07:55:39.360 to remember what what this is that what that area was and before you go to 07:55:39.360 --> 07:55:43.360 Commissioner Alex real fast I think Jerry I wanted to interject real quick if I 07:55:43.360 --> 07:55:49.160 could just kind of synthesize some of the comments that are being made here in 07:55:49.160 --> 07:55:53.720 terms of what we often see in terms of an analysis on this this is obviously 07:55:53.720 --> 07:56:00.560 not an ideal case as far as you know looking at a proposed use and comparing 07:56:00.560 --> 07:56:05.400 it to a future land use map that this is as clear as we would like for it to be 07:56:05.400 --> 07:56:11.520 but you know as we saw with with people's funeral home and I know Mr. 07:56:11.520 --> 07:56:17.560 Prunetta was was basically articulating the the the analysis that you would 07:56:17.560 --> 07:56:21.280 typically go through to look at a future land use map what are we going to do 07:56:21.280 --> 07:56:25.160 with the future well essentially you were asking what are what are the future 07:56:25.160 --> 07:56:30.360 land uses that are that that are viable here and as we were looking at the 07:56:30.360 --> 07:56:37.800 people's funeral home situation a while back you know we were looking at what 07:56:37.800 --> 07:56:44.880 was in the the comprehensive plan that that really talked about this because the 07:56:44.880 --> 07:56:50.040 future land use is only one element of the comprehensive plan it's probably one 07:56:50.040 --> 07:56:54.640 of the more important elements of the comprehensive plan with respect to 07:56:54.640 --> 07:56:58.680 rezoning cases but there's only one element of the comprehensive plan and 07:56:58.680 --> 07:57:05.320 and and I think that the part of that is the realization that over the years that 07:57:05.320 --> 07:57:10.680 perhaps you know past rezoning cases and comprehensive plan analyses haven't 07:57:10.680 --> 07:57:17.880 really taken account of as Mr. Sanchez said the history of the area as much as 07:57:17.880 --> 07:57:23.720 it should have that that that that along Roberson Street there were some 07:57:23.720 --> 07:57:31.120 businesses that that they came along and I don't know that that was fully 07:57:31.120 --> 07:57:36.440 considered in the preparation of the future land use map and in assigning 07:57:36.440 --> 07:57:44.120 zoning back in 2002 and and so to a certain extent it's it's a matter of 07:57:44.120 --> 07:57:50.440 trying to come up with something that is supportable by the comprehensive plan 07:57:50.440 --> 07:57:59.080 even if it's not the ideal case of a future land use map matching perfectly 07:57:59.080 --> 07:58:05.920 with with the proposed use so I think with that in mind going back to the 07:58:05.920 --> 07:58:11.080 chair's question what is spot zoning typically spot zoning is when you have a 07:58:11.080 --> 07:58:17.320 rezoning that's not supported in some way by the comprehensive plan and and so 07:58:17.320 --> 07:58:22.440 the the key element is it's not withstanding the the issue with a future 07:58:22.440 --> 07:58:29.320 land use map can staff articulate some of the some of the you know the the 07:58:29.320 --> 07:58:34.280 concern some of the goals that are stated in the comprehensive plan that 07:58:34.280 --> 07:58:40.560 that would support a diversity of business uses recognize the history of 07:58:40.560 --> 07:58:48.040 the of the land you know recognize how it's been used over the years talking 07:58:48.040 --> 07:58:55.920 about one of the other cases that we had tonight the chair was asking about an 07:58:55.920 --> 07:58:59.660 NRMU development I think this is probably a little bit closer to the case 07:58:59.660 --> 07:59:07.000 we just saw with the city service center where you know perhaps the the the 07:59:07.000 --> 07:59:12.560 comprehensive plan and and the zoning that occurred back in 2002 really didn't 07:59:12.560 --> 07:59:19.760 take into account what was out there why because it wasn't legally important to 07:59:19.760 --> 07:59:25.600 this recognize it from a legal standpoint the city could operate out 07:59:25.600 --> 07:59:33.100 there notwithstanding the the the zoning that was eventually put into place it 07:59:33.100 --> 07:59:39.040 wasn't important to challenge it and and I think that in a similar sort of way 07:59:39.040 --> 07:59:46.680 that perhaps past efforts to define future land uses in this region we're 07:59:46.680 --> 07:59:52.040 not sensitive enough to the needs of the neighborhood and the realities that were 07:59:52.040 --> 07:59:57.840 out there so I think that it's important to look at this not only from the 07:59:57.840 --> 08:00:05.120 standpoint of the future land use but also to the the goals and the and the 08:00:05.120 --> 08:00:11.040 purposes that are articulated in the comprehensive plan you know that that 08:00:11.040 --> 08:00:19.280 underlie our overall zoning goals for the city thank you for the word 08:00:19.280 --> 08:00:23.960 Kirstie Ellis thank you chair I guess I just wanted to offer I understand that 08:00:23.960 --> 08:00:28.160 the concerns raised with you know why didn't staff recommend overlay and 08:00:28.160 --> 08:00:32.760 whatnot but I think for me you know every tract of land is different and and 08:00:32.760 --> 08:00:37.200 offers its own set of unique circumstances with it so I would say 08:00:37.200 --> 08:00:41.320 this looks like a revitalization opportunity revitalization of history 08:00:41.320 --> 08:00:47.420 revitalization of neighborhood services going forward so I mean that would be my 08:00:47.420 --> 08:00:55.200 opinion as to as to why crystal back thank you chair yeah in my cell earlier 08:00:55.200 --> 08:01:02.900 to go for this I appreciate the chairman's and Commissioner Smith's view 08:01:02.900 --> 08:01:08.200 about the gentrification and how to overlay and I tend to agree I didn't 08:01:08.200 --> 08:01:13.160 really think about that but protecting this area is important but if I'm here 08:01:13.160 --> 08:01:17.400 and again I appreciate Jerry's comments on you know probably focusing in 08:01:17.400 --> 08:01:22.280 a little bit more where we can get by with this but are you saying that when 08:01:22.280 --> 08:01:28.240 this eventually if it does speaking hypothetically goes in man if we do an 08:01:28.240 --> 08:01:34.680 overlay now to protect this is that gonna throw a monkey wrench into it would 08:01:34.680 --> 08:01:41.000 carry forward as any other zoning that has an overlay or a condition we will 08:01:41.000 --> 08:01:44.600 have to evaluate that and make sure that those conditions that are more 08:01:44.600 --> 08:01:49.280 restrictive would would have to follow obviously that again that's something 08:01:49.280 --> 08:01:54.560 that we didn't see a staff but certainly if the Commission wants to make a 08:01:54.560 --> 08:01:57.520 recommendation again we'll take that forward and ultimately City Council will 08:01:57.520 --> 08:02:02.560 make that decision I would be willing to consider that because you know this this 08:02:02.560 --> 08:02:08.440 area is bordered off by Bell on the on the West Hickory on the north I think as 08:02:08.440 --> 08:02:12.720 far as Woodrow on these and but there's encroachment now already as far as 08:02:12.720 --> 08:02:15.760 gentrification when you go up bill you've got the apartments going up there 08:02:15.760 --> 08:02:20.000 it wouldn't take long for them to work their way in there so protecting this 08:02:20.000 --> 08:02:24.560 with an overlay seems like a sensible thing to do right now so I just wanted 08:02:24.560 --> 08:02:29.800 to put that out there when we start considering the vote thanks Ron for 08:02:29.800 --> 08:02:34.800 sending in for questions I don't see any more at this time but I would be close 08:02:34.800 --> 08:02:39.120 the applicant and property owner are both here if you have any questions for 08:02:39.120 --> 08:02:41.880 them perfect yeah we have several cards this is a public hearing so anyone 08:02:41.880 --> 08:02:45.280 wishing to speak we certainly do so and we'll work through these cards as I as I 08:02:45.280 --> 08:02:50.300 receive them I want to be mindful of the applicants here they certainly have an 08:02:50.300 --> 08:02:55.000 opportunity to speak I don't I don't think I have a card for the applicant if 08:02:55.000 --> 08:03:06.000 you're wishing to speak I'm more than welcome to and if you could just state 08:03:06.000 --> 08:03:16.960 your name and address for the record I do want to start off by reading a saying 08:03:16.960 --> 08:03:24.160 by Martin Luther King for years now I've heard the word wait it rings in the ear 08:03:24.160 --> 08:03:28.880 of every Negro with piercing familiarity that this weight has almost 08:03:28.880 --> 08:03:34.480 always meant never we must come to see with one of our distinguished jurors 08:03:34.480 --> 08:03:41.140 that justice too long delayed is justice denied this location at 511 Robertson if 08:03:41.140 --> 08:03:46.240 you hear the elderly and seniors talking about it that this is the only place 08:03:46.240 --> 08:03:55.320 that they can go and eat back in 1940 1950 it's it's not trying to have it 08:03:55.320 --> 08:03:59.640 something else this is this is history for Southeast Denton this is something 08:03:59.640 --> 08:04:04.280 that I want my grandkids to be able to say my grandparents came here this is 08:04:04.280 --> 08:04:08.840 something that before we could go to another area this is the only place we 08:04:08.840 --> 08:04:15.320 could go to we're asking if you took you know to look at it we're not we're 08:04:15.320 --> 08:04:19.680 wanting it to be this is a historical landmark we want to leave it as that I 08:04:19.680 --> 08:04:27.360 have pictures of the actual location from way in the beginning in the 08:04:27.360 --> 08:04:31.640 beginning to what it looked like this is not a home this was a restaurant this 08:04:31.640 --> 08:04:40.840 was actually put in and the first started out in 1938 as Sweetwise they 08:04:40.840 --> 08:04:47.280 had hamburgers and fries for 25 cents you had all of Denton County not just 08:04:47.280 --> 08:04:51.320 didn't all of Denton County said that went to Fred Moore high school they 08:04:51.320 --> 08:04:57.680 could only go to this restaurant and eat are we trying to change it no we're 08:04:57.680 --> 08:05:02.240 just trying to keep that history there to where this is for Southeast Denton we 08:05:02.240 --> 08:05:05.480 want somewhere where you can come and feel comfortable be able to have 08:05:05.480 --> 08:05:10.700 something in the neighborhood to be able to just go and enjoy yourself and come 08:05:10.700 --> 08:05:17.200 back and you know feel the feel like family feel a vibe there I do have other 08:05:17.200 --> 08:05:25.520 pictures from 1996 and before 1996 when touch of Q was there it was a restaurant 08:05:25.520 --> 08:05:32.400 operating as a sit-in restaurant as well you can see that even before there was 08:05:32.400 --> 08:05:40.480 the little pond in the back wasn't there previously what we're asking is to for 08:05:40.480 --> 08:05:44.640 you all to vote that we do get a recommendation to be able to have this 08:05:44.640 --> 08:05:52.120 as a sit-in restaurant my spouse was supposed to be here with me today and 08:05:52.120 --> 08:06:01.320 taught but he was admitted into the hospital today at 430 so you have me we 08:06:01.320 --> 08:06:05.960 appreciate you being here thank you any questions for me we do 08:06:05.960 --> 08:06:09.640 Commissioner Pernetta I don't really have a question so I want to thank you 08:06:09.640 --> 08:06:15.800 for coming out I think overall I know me and several others appear to be very 08:06:15.800 --> 08:06:21.400 supportive of this there's a lot of talk right now and I think I want to make 08:06:21.400 --> 08:06:27.280 sure that you know that what doesn't get lost in the whole discussion of zoning 08:06:27.280 --> 08:06:31.720 and how we do this is is that we we support you know I support this I don't 08:06:31.720 --> 08:06:35.160 speak for everybody support this and I wanted to go through I think right now 08:06:35.160 --> 08:06:39.040 the the main discussion that we're having is how do we do this and make sure 08:06:39.040 --> 08:06:44.200 that we preserve the character of the neighborhood and that's it but I do want 08:06:44.200 --> 08:06:49.200 to thank you for coming out you know in some way or other I'll be voting to make 08:06:49.200 --> 08:06:53.200 sure that you get the restaurant that you want it's well said Commissioner 08:06:53.200 --> 08:06:58.600 Christopher Sanchez you mentioned some that the restaurant was in operation in 08:06:58.600 --> 08:07:05.000 the 1990s yes so it was a restaurant now some of the stuff we read we read that 08:07:05.000 --> 08:07:09.320 you know had closed down for so many years and some of the stuff we have we're 08:07:09.320 --> 08:07:14.160 given but there's probably a lot of times it was in operation and probably 08:07:14.160 --> 08:07:20.640 didn't have an operative OCO because you know it wasn't really paid much 08:07:20.640 --> 08:07:26.680 attention it was in Southeast Denton who cares so I think it's probably you was 08:07:26.680 --> 08:07:31.880 not I was a restaurant a lot more than that then it has been written simply 08:07:31.880 --> 08:07:37.480 because of the location and so I think the people in Southeast Denton really 08:07:37.480 --> 08:07:41.840 realize how important that that was a restaurant in the history that like you 08:07:41.840 --> 08:07:47.840 just said it wasn't closed in 1960 completely for 30 years I don't believe 08:07:47.840 --> 08:07:51.720 that myself when I was reading it and being from that area it probably kept 08:07:51.720 --> 08:07:57.800 operating but didn't get the paperwork simply because of its location and and I 08:07:57.800 --> 08:08:01.760 really appreciate that the history behind that I think it's Southeast Denton 08:08:01.760 --> 08:08:06.320 is very unique from the rest of the city thank you thank you and I do want to 08:08:06.320 --> 08:08:12.040 mention that we did have a petition online petition and paper petition that 08:08:12.040 --> 08:08:16.840 we had over 300 signatures of everyone wanting to bring this to Southeast 08:08:16.840 --> 08:08:23.800 End so I don't see any other questions I certainly appreciate you being here 08:08:23.800 --> 08:08:28.880 thank you if we have any questions we'll call you back up okay next card I have 08:08:28.880 --> 08:08:31.880 is Raymond Redmond 08:08:36.640 --> 08:08:44.840 good evening planning and zoning members my name is Raymond Redmond I live at 08:08:44.840 --> 08:08:51.080 724 Moore Street in Denton I just want to thank everyone for the support for my 08:08:51.080 --> 08:08:58.920 grandparents restaurant over the last I guess 20-30 years of my adult life I've 08:08:58.920 --> 08:09:06.960 somewhat worked on the attempt to get this zoning corrected that was rezoned 08:09:06.960 --> 08:09:15.680 from my grandparents restaurant to SF7 back then the newspapers was the legal 08:09:15.680 --> 08:09:19.960 notice and the property owners didn't have to know that they were going to be 08:09:19.960 --> 08:09:28.560 rezoned something different than what they were operating under so this was an 08:09:28.560 --> 08:09:35.840 attempt to finally correct that we had tenants that have not been able to open 08:09:35.840 --> 08:09:41.000 up and get their CEO because of this particular zoning and so that's why 08:09:41.000 --> 08:09:50.120 we're here in front of you tonight and by doing this NRMU would give them that 08:09:50.120 --> 08:09:57.120 zoning to go ahead and get their CEO this building has has been approved in 08:09:57.120 --> 08:10:02.440 the past for their health inspections and through the building inspections as 08:10:02.440 --> 08:10:07.120 far as the codes for opening up a restaurant it has the grease traps it 08:10:07.120 --> 08:10:13.840 has the commercial venerhood and those are not cheap so it has always been a 08:10:13.840 --> 08:10:22.720 business it hasn't been a home in the past we have always wanted in some 08:10:22.720 --> 08:10:29.640 parts to improve the property the building inside looks just like except 08:10:29.640 --> 08:10:34.840 for beautification it looks just like when my grandparents were there and as 08:10:34.840 --> 08:10:39.720 you know restaurants have in the tent and the trends have changed the 08:10:39.720 --> 08:10:45.320 reception area is all a lot bigger the kitchen areas are a lot bigger and so by 08:10:45.320 --> 08:10:50.600 the restaurant itself is a thousand square feet and it does have a lot of 08:10:50.600 --> 08:10:55.360 history there we would like to do some type of expansion so like in the 08:10:55.360 --> 08:11:00.000 summertime where everyone likes to eat in restaurants that the kitchen area can 08:11:00.000 --> 08:11:07.680 have cool air conditioning and that takes a lot of planning and a lot of and a lot 08:11:07.680 --> 08:11:12.880 of money and so that's why you can see we've we've worked over the years to 08:11:12.880 --> 08:11:18.680 acquire the four lots so that we could eventually expand and modernize the 08:11:18.680 --> 08:11:24.320 building so we're just asking that the planning a zoning take that into 08:11:24.320 --> 08:11:30.000 consideration we're not trying to do anything out of character of the 08:11:30.000 --> 08:11:34.840 neighborhood we still want to function as a neighborhood services and just to 08:11:34.840 --> 08:11:39.240 answer your question I've lived with spot zoning I've heard that quite a bit 08:11:39.240 --> 08:11:44.400 when my kind of definition of spot zoning would be and I thought about it 08:11:44.400 --> 08:11:49.720 when you were talking about it it's sort of like a giraffe standing in the middle 08:11:49.720 --> 08:11:55.680 of elephants and this would not be that consideration because this particular 08:11:55.680 --> 08:12:00.560 property services the neighborhood a lot of the neighborhood that people that 08:12:00.560 --> 08:12:05.720 live there come to this particular restaurant so it's kind of like still 08:12:05.720 --> 08:12:14.280 within that same checklist just maybe not totally off just a house I just like 08:12:14.280 --> 08:12:18.660 to ask that y'all approve this and they can move on and get their CEO and open 08:12:18.660 --> 08:12:23.200 up if there's any questions I appreciate that there is questions 08:12:23.200 --> 08:12:30.200 Mr. Smith thank you chair mr. Reben correct my grandfather opened up Jim's 08:12:30.200 --> 08:12:34.640 diner on Fry Street back in the 1980s and so I think I know what it what it's 08:12:34.640 --> 08:12:37.640 like whenever your grandfather opens up a restaurant that means a lot to a 08:12:37.640 --> 08:12:42.720 community and unlike your establishment mine was torn down I think they put a 08:12:42.720 --> 08:12:48.520 Chipotle up on top of it so if you want a burrito we can go on down there but 08:12:48.520 --> 08:12:54.440 thank you for coming out you're the property owner correct do you have any 08:12:54.440 --> 08:12:58.600 restriction if we were to make a motion to just restrict the use to restaurant 08:12:58.600 --> 08:13:03.080 only sounds like you got another intention then to use those restaurant as 08:13:03.080 --> 08:13:07.640 long as you own it I think I think our intention is to make sure that 20 25 08:13:07.640 --> 08:13:11.120 years from now no one no no planning and zoning Commission's looking back and 08:13:11.120 --> 08:13:14.480 saying well those idiots do by just letting it be in a more you without 08:13:14.480 --> 08:13:17.600 letting a restriction be on there so you're okay with it with a 08:13:17.600 --> 08:13:21.680 restaurant where the restaurant restriction is that great awesome thank 08:13:21.680 --> 08:13:25.120 you very much we have one more question commissioner Pernetta yeah and I just 08:13:25.120 --> 08:13:29.000 want to clarify you know it's funny is what when I talked about you know 08:13:29.000 --> 08:13:31.080 maintaining the character of the neighborhood that that's exactly what I 08:13:31.080 --> 08:13:34.200 was talking about because I used to I used to love Jim Steiner it's it's now 08:13:34.200 --> 08:13:38.600 like a cookie plays or I don't have some apartments for rich college students I 08:13:38.600 --> 08:13:43.040 don't know anyway but that's that's the whole thing that you know I guess we're 08:13:43.040 --> 08:13:47.120 kind of talking about you know it's like you know respect when I talk about the 08:13:47.120 --> 08:13:50.440 character of the neighborhood wanting to make sure that you know we do this and 08:13:50.440 --> 08:13:56.720 when we do this we we honor and preserve history and we don't open up the door for 08:13:56.720 --> 08:14:02.760 someone to come and put some you know abomination there and and it's it's our 08:14:02.760 --> 08:14:07.480 fault but anyway once again totally support what you're doing and thank you 08:14:07.480 --> 08:14:13.660 for coming out if I might say that you know Jim Steiner the engine behind the 08:14:13.660 --> 08:14:21.960 economic development for that area is UNT I'm assuming okay it's not no it's 08:14:21.960 --> 08:14:27.400 not hidden but for that neighborhood there's really no engine and I'm not 08:14:27.400 --> 08:14:32.360 saying there won't be later on but you know we're just trying to say we would 08:14:32.360 --> 08:14:39.260 like to get the building back into the commercial zoning and that NRMU is the 08:14:39.260 --> 08:14:46.240 use that they could have that commercial commercial use for sit down 08:14:46.240 --> 08:14:54.040 yes I just wanted to say I think you made a good clarification there is the 08:14:54.040 --> 08:14:59.000 engine for that restaurant up there was totally different the engine to southeast 08:14:59.000 --> 08:15:03.920 end is much different the people there won it because it's a community 08:15:03.920 --> 08:15:08.600 restaurant it's not something that that occurred at UNT it you know you're gonna 08:15:08.600 --> 08:15:13.160 you want to make money up there out of the you know here you want to bring 08:15:13.160 --> 08:15:18.920 something back something that that the community wants to enjoy as a historical 08:15:18.920 --> 08:15:27.680 issue or event thank you thank you very much the next card I have is Mary B 08:15:27.680 --> 08:15:30.080 Wright 08:15:30.080 --> 08:15:39.200 if you could just state your name and address for the record you have four 08:15:39.200 --> 08:15:46.000 minutes to speak my name is Mary black right and and I I'm I'm from Denton and 08:15:46.000 --> 08:15:51.920 and I was raised in southeast Denton and all the classmates all the churches I'm 08:15:51.920 --> 08:15:56.080 just standing for Tammy because I like to support whatever's taking place in in 08:15:56.080 --> 08:16:01.680 the community even though I've got to state my address is 2745 Mill Pond Road 08:16:01.680 --> 08:16:07.560 my parents still live there everybody I went to school with is still there and 08:16:07.560 --> 08:16:11.920 during the time I remember growing up I don't think we really left out of the 08:16:11.920 --> 08:16:16.480 neighborhood because when you step I didn't understand why we didn't leave 08:16:16.480 --> 08:16:20.020 out of the neighborhood because I know we had a Dairy Queen nearby and my only 08:16:20.020 --> 08:16:24.840 memory of that is going to the back door and food being handed to us probably 08:16:24.840 --> 08:16:29.080 burnt and and so that's why we mainly cook but everything in the neighborhood 08:16:29.080 --> 08:16:33.440 as far as Tommy's there was a barbecue place we could go to it on Friday and 08:16:33.440 --> 08:16:38.200 Saturday nights I just remember those memories meeting up and feeling like 08:16:38.200 --> 08:16:42.480 that's my community and that's what I like to do is support anyone trying to 08:16:42.480 --> 08:16:52.400 take care of work where I'm raised and so I'm I just support it and thank you 08:16:52.400 --> 08:17:00.240 for your time appreciate you here this powerful testimony next card is George 08:17:00.240 --> 08:17:09.560 Ferry furry if do you just say sure perfect say your name and address yeah 08:17:09.560 --> 08:17:14.520 hi good evening my name is George Ferry I live at 2932 Stockton Street I'll be 08:17:14.520 --> 08:17:18.800 quick because it sounds like everyone's kind of on the same page here I just 08:17:18.800 --> 08:17:24.300 want to harken back to community and being a person who builds that and even 08:17:24.300 --> 08:17:28.040 looking at this space and what we'll bring with you with any expansion it's 08:17:28.040 --> 08:17:32.200 nice to have what mr. Beck said is like that that neighborhood place on the 08:17:32.200 --> 08:17:35.720 quarter that you can go to that's super important to remember especially in 08:17:35.720 --> 08:17:41.160 southeast Denton and then with the question about creeping I just want to 08:17:41.160 --> 08:17:45.320 say like each each planning and zoning thing is unique as miss Ella said it's 08:17:45.320 --> 08:17:48.080 different you have to take them they meet all of the qualifications and all 08:17:48.080 --> 08:17:52.640 the requirements and as a small business owner myself I know how hard it is to 08:17:52.640 --> 08:17:57.040 save money to have to wait for permits to come through and how costly that 08:17:57.040 --> 08:18:00.600 weight can be so the sooner this can happen the sooner they can start making 08:18:00.600 --> 08:18:03.680 money and expanding that and growing that neighborhood more thank you so much 08:18:03.680 --> 08:18:11.940 for your time thank you very much next individual I have a card to speak and to 08:18:11.940 --> 08:18:25.980 not speak so Jennifer Lane are you wanting to speak okay perfect good 08:18:25.980 --> 08:18:28.320 evening if you could just state your name and address for the record yes 08:18:28.320 --> 08:18:32.200 Jennifer Lane 1526 Willowood Street Denton yeah the reason you have the two 08:18:32.200 --> 08:18:36.960 cards is because I wanted to register my support in case I couldn't be here but 08:18:36.960 --> 08:18:42.160 the item came up later so I could be here I've eaten the food that's currently 08:18:42.160 --> 08:18:44.920 available through the catering and it's a great place and that's a wonderful 08:18:44.920 --> 08:18:50.840 gateway entrance to southeast Denton very inviting I super super support this and 08:18:50.840 --> 08:18:56.920 I agree that it should be expedited if the city wants to planning and zoning 08:18:56.920 --> 08:19:00.640 Commission or the city wishes to make an overlay district there's nothing to stop 08:19:00.640 --> 08:19:05.720 the city from doing that later there's a areas other areas in the city that I 08:19:05.720 --> 08:19:09.240 hope would become an overlay district as well which means that there's a little 08:19:09.240 --> 08:19:13.520 bit of control over the whole commerce type of commerce in the whole area when 08:19:13.520 --> 08:19:17.160 it's a budding a neighborhood and that could be handled at a later date at this 08:19:17.160 --> 08:19:23.280 point the the you have pioneers who are sort of pioneer restorers regenerators 08:19:23.280 --> 08:19:28.160 who are all unified the residents the business operator and the landowner are 08:19:28.160 --> 08:19:34.240 all so united that it's inspiring to see that's it I appreciate you have a 08:19:34.240 --> 08:19:39.720 question Christian Alice thank you chair hi Jennifer did you know that the 08:19:39.720 --> 08:19:43.280 overlay that they're talking about is it actually a zoning overlay yes so it's 08:19:43.280 --> 08:19:46.200 different than what you're talking about you're talking about overlay for an area 08:19:46.200 --> 08:19:52.840 mm-hmm this discussion has been about putting restrictions on the zoning yes 08:19:52.840 --> 08:19:55.800 and that would be something that could be addressed at a later time even if 08:19:55.800 --> 08:20:01.400 this is approved I would imagine no well well I think we're talking we're just 08:20:01.400 --> 08:20:05.100 talking about two different things the overlay for an area yeah that I mean that 08:20:05.100 --> 08:20:10.440 right done right but what this is is when you go to rezone a property we can 08:20:10.440 --> 08:20:16.120 put zoning restrictions oh yes yes there are yes also on the specific property I 08:20:16.120 --> 08:20:19.800 understand that yeah so it's just because the larger the larger area too 08:20:19.800 --> 08:20:25.240 I imagine is also something that you're looking at as part of the Denton code 08:20:25.240 --> 08:20:30.840 but this this particular instance seems to need addressing immediately and I 08:20:30.840 --> 08:20:34.680 support thanks I appreciate it Jennifer it's one moment we have 08:20:34.680 --> 08:20:40.960 Commissioner Beck thank you and the other reason to look at on the back of 08:20:40.960 --> 08:20:47.160 chairman else's deal by putting overlay on this specific area we're kind of 08:20:47.160 --> 08:20:51.240 sending signal out to anybody else's hey you got an NRM you there I want to 08:20:51.240 --> 08:20:55.880 build a 10-story well we've got an NRM you there with a restriction so we're 08:20:55.880 --> 08:21:00.920 telling them that we're saying that it's limited things you can do so that's 08:21:00.920 --> 08:21:04.880 right the type of thing that you're right it's to you know kind of set a 08:21:04.880 --> 08:21:10.820 standard for and also a kind of even a guideline in a way as to how to approach 08:21:10.820 --> 08:21:17.160 something like this yeah it's a beautiful idea thank you this is a 08:21:17.160 --> 08:21:20.680 public hearing I don't have any more cards at this time but anyone wishing to 08:21:20.680 --> 08:21:28.800 speak they certainly do so does anyone else wanting to speak on this issue at 08:21:28.800 --> 08:21:32.580 this time we'll close the public hearing and I'll turn to the dais for discussion 08:21:32.580 --> 08:21:37.960 or motion Commissioner Smith make a motion to approve the zoning change with 08:21:37.960 --> 08:21:45.960 an amendment to restrict the use of the NRM you area to restaurant use only we 08:21:45.960 --> 08:21:51.600 have a first for a approval with the condition Commissioner Beck second we 08:21:51.600 --> 08:21:55.160 have a first and a second discussion we'll start with Commissioner Pernitta 08:21:55.160 --> 08:21:59.880 but I just kind of had a question for you every guys because I know we're 08:21:59.880 --> 08:22:04.360 putting a overlay with a restriction for a restaurant you mentioned buying a 08:22:04.360 --> 08:22:11.040 having a couple of lots attached to it was the purpose for that anything other 08:22:11.040 --> 08:22:15.480 than than a restaurant would we be impeding this in any way by placing that 08:22:15.480 --> 08:22:17.720 overlay 08:22:17.720 --> 08:22:33.120 what we did have what the when we gathered the properties together the four 08:22:33.120 --> 08:22:40.680 lots it we had like a tiki bar in the back and we had like customers that would 08:22:40.680 --> 08:22:46.400 like to come back in the evening hours and sit on the umbrellas and eat 08:22:46.400 --> 08:22:53.080 barbecue and so we had the four lots that we fenced off but those are four 08:22:53.080 --> 08:23:03.640 properties and so code enforcement asked us about our fence and so we asked with 08:23:03.640 --> 08:23:11.280 this in our emu that we consolidate the four properties so we could just put one 08:23:11.280 --> 08:23:18.200 commercial fence up all the way around our property okay and I guess with the 08:23:18.200 --> 08:23:23.720 overlay if we were to apply the overlay to as a restaurant if they wanted to 08:23:23.720 --> 08:23:33.600 basically return to to to that would there be a problem with that would if 08:23:33.600 --> 08:23:38.120 they were to want to open a bar some some sort we would it would have to come 08:23:38.120 --> 08:23:41.720 back through this process to amend that overlay so it okay they would have to go 08:23:41.720 --> 08:23:45.520 through the re-noticing the signs P&Z and City Council and that's just standard 08:23:45.520 --> 08:23:53.600 that's just okay all right first and a second discussion to Commissioner Smith 08:23:53.600 --> 08:23:57.880 yeah and clarification a bar a bar within the code is defined as 51% of 08:23:57.880 --> 08:24:01.200 their sales is derived from alcohol sales that's correct correct so it's a 08:24:01.200 --> 08:24:04.960 bar restaurant yeah if it's still a restaurant that meets that it's still a 08:24:04.960 --> 08:24:09.440 restaurant so that's not that's on issue yeah thank you I'm gonna hop into this 08:24:09.440 --> 08:24:17.040 discussion quickly but miss Bradley do you have a question 08:24:18.720 --> 08:24:24.960 area for a positive area for like the kids to come to like put in a volleyball 08:24:24.960 --> 08:24:28.920 court or anything like just a net back there for them to come play with that 08:24:28.920 --> 08:24:34.800 overlay prevent that I don't think so long it was affiliated with with the 08:24:34.800 --> 08:24:40.280 restaurant sort of an accessory use to it it wouldn't I mean yet the primary 08:24:40.280 --> 08:24:44.320 use is really the restaurant if it's just an area for kids to play while the 08:24:44.320 --> 08:24:50.320 parents eat or enjoy it wouldn't require anything additional I appreciate you 08:24:50.320 --> 08:24:53.800 bringing that up because my discussion item was going to be related to that I 08:24:53.800 --> 08:25:00.520 know I started this discussion initially questioning spot zoning which was one 08:25:00.520 --> 08:25:06.880 pendulum swing to the left but now as I think about it and understanding the 08:25:06.880 --> 08:25:14.040 future and you can sit down I don't you don't need to stand I appreciate it 08:25:14.040 --> 08:25:21.280 though looking at the the draft zoning map apart from apparently the 08:25:21.280 --> 08:25:26.440 understand this draft map is already out of date apart from from me trying to 08:25:26.440 --> 08:25:38.560 process that it seems like this area three square blocks is moving to an MN 08:25:38.560 --> 08:25:44.480 trajectory and so as I think about like all of that area and their neighbors 08:25:44.480 --> 08:25:49.880 being general MN it seems highly restrictive to say all your neighbors 08:25:49.880 --> 08:25:53.960 can do whatever they want them in but we have an overlay on you as just the 08:25:53.960 --> 08:25:58.120 restaurant and it sounds like a restaurant should be there considering 08:25:58.120 --> 08:26:03.080 the history that seems like a used to persist further but if they ever want 08:26:03.080 --> 08:26:07.400 to put a bed and breakfast in or have a house above the restaurant then they 08:26:07.400 --> 08:26:10.880 have to come back through this entire process which even the question of a 08:26:10.880 --> 08:26:16.840 volleyball court I'd rather for me just rezone this to MRM you and they don't 08:26:16.840 --> 08:26:20.640 have these questions and they have more freedom to do this especially since it 08:26:20.640 --> 08:26:24.200 seems like the trajectory the momentum is that the neighbors will be able to 08:26:24.200 --> 08:26:29.440 have that benefit soon it does seem like a restaurant needs to be there just for 08:26:29.440 --> 08:26:32.720 the for the sake of the property the neighborhood but there's four lots and 08:26:32.720 --> 08:26:38.040 I feel hesitant just to say that restaurant that's all you get and then 08:26:38.040 --> 08:26:44.400 there's questions about what they can and can't do so I'm in full support of 08:26:44.400 --> 08:26:47.920 getting this rezoned so we can get a CEO issued that sounds like priority number 08:26:47.920 --> 08:26:53.440 one but I would I would like to see if Commissioner Smith would would consider 08:26:53.440 --> 08:27:01.440 removing that condition I'll consider it but my my only my only hesitation there 08:27:01.440 --> 08:27:05.600 would be our decision tonight is final whereas what happens to the DDC is not 08:27:05.600 --> 08:27:10.880 and so if yes right now everything's headed towards MN there's no there's no 08:27:10.880 --> 08:27:15.000 definite that's that's that's gonna happen and so if I had to say what's 08:27:15.000 --> 08:27:18.800 what's the safest play for us as a Commission I think the restriction of a 08:27:18.800 --> 08:27:23.000 restaurant is the safest play with no guarantee the fact that an MN is going 08:27:23.000 --> 08:27:26.680 to have to go there because it's all drafting right now it's all conversation 08:27:26.680 --> 08:27:34.280 so that's my only that's my only quandary about that so so before I go to 08:27:34.280 --> 08:27:37.800 further discussion I just want to maybe ask for clarification of Roberts rules 08:27:37.800 --> 08:27:45.880 at this point if if I put forth a amended motion that takes priority to be 08:27:45.880 --> 08:27:50.960 voted on and if failed goes back to the original motion right you would put 08:27:50.960 --> 08:27:54.840 forth an amended motion a motion to amend in one way or another see if it 08:27:54.840 --> 08:27:58.960 gets a second then you would vote upon that to see whether or not your amended 08:27:58.960 --> 08:28:05.160 motion supersedes the original okay then I would like to move to amend the 08:28:05.160 --> 08:28:15.080 motion that the rezone would be from in our for to MRM you with no conditions 08:28:15.080 --> 08:28:37.280 second okay I don't I don't know who said so as we update the board to show 08:28:37.280 --> 08:28:43.560 my mover and Commissioner Cole secondary I do want to have the discussion so 08:28:43.560 --> 08:28:49.800 we'll go to Christian Sanchez yes I agree with you I I was in the same I had 08:28:49.800 --> 08:28:55.080 the same thinking is why limit that whole area is that that's a corridor to 08:28:55.080 --> 08:29:00.200 southeast end and there are already some other properties there and so I think I 08:29:00.200 --> 08:29:06.400 don't see anything happening there in my lifetime and and I think it's just I 08:29:06.400 --> 08:29:11.240 think we have to be respectful of that area and the corridor that once existed 08:29:11.240 --> 08:29:15.640 the businesses that once existed in that corridor and and eventually I think it 08:29:15.640 --> 08:29:20.800 will happen that's all I want to state Commissioner Smith yeah I think just a 08:29:20.800 --> 08:29:24.280 reiteration of what I said a second ago not against the not against the use 08:29:24.280 --> 08:29:27.720 whatsoever I just think that it's a safer play for us as a commission and 08:29:27.720 --> 08:29:31.520 we're gonna make a final decision you know what what happens if we do approve 08:29:31.520 --> 08:29:35.200 it as NRM you and then for some reason through public hearings that that would 08:29:35.200 --> 08:29:38.760 come back and the the citywide update doesn't make it MN it just keeps us as a 08:29:38.760 --> 08:29:42.640 spot zone of NRM you right there in the middle and 20 years down the road there 08:29:42.640 --> 08:29:45.960 is just we can't predict what's gonna happen in 2005 everyone thought 08:29:45.960 --> 08:29:50.160 Unicorn Lake was gonna be this razor ranch right and then that a an economic 08:29:50.160 --> 08:29:54.240 change caused everything to slow down and shift we don't know and of course 08:29:54.240 --> 08:29:57.640 southeast didn't has been southeast didn't you know as anybody who's lived 08:29:57.640 --> 08:30:01.760 over there it's been been that way for for a long time but that's not to say 08:30:01.760 --> 08:30:08.000 that we don't know what's gonna happen in the future and I feel a lot safer if 08:30:08.000 --> 08:30:12.080 we had the restriction on there so that's why I I don't think that a move 08:30:12.080 --> 08:30:17.040 of approval of just NRM you alone is a good decision I would rather prefer the 08:30:17.040 --> 08:30:23.120 restriction of restaurant mr. Beck thank you chair ditto what Mr. Smith said it's 08:30:23.120 --> 08:30:29.560 I don't and so the owners don't misunderstand this isn't to bind you or 08:30:29.560 --> 08:30:33.320 tie you up the fact that you want to do a few extra things but a volleyball court 08:30:33.320 --> 08:30:36.800 in there I don't think that's gonna be a problem there's things you can do to 08:30:36.800 --> 08:30:41.360 restaurant that still keeps a restaurant even though other restaurants may not do 08:30:41.360 --> 08:30:45.760 it but what this is intended to do is to protect you in the future protect that 08:30:45.760 --> 08:30:51.160 neighborhood in the future because once you put an NRM you in there then you're 08:30:51.160 --> 08:30:54.200 saying that other things can go in there that you really wouldn't want in there 08:30:54.200 --> 08:30:58.760 and we don't want people to come in there say well you gave them an NRM you 08:30:58.760 --> 08:31:03.760 you know I would like one too to build you know a four-story building or 08:31:03.760 --> 08:31:07.360 something like that so this isn't to bind you if that's what you want as a 08:31:07.360 --> 08:31:12.240 restaurant and all the little extras it entails this protects you from doing that 08:31:12.240 --> 08:31:18.920 to do that so I would vote against the amendment Chairman Roselle suggested to 08:31:18.920 --> 08:31:23.160 for that purpose to protect you in the future and that neighborhood in the 08:31:23.160 --> 08:31:25.360 future 08:31:33.760 --> 08:31:40.640 there's another building literally a couple of feet away that's NRM you so 08:31:40.640 --> 08:31:45.800 and then with the zoning change which is going to happen in a couple of months or 08:31:45.800 --> 08:31:51.000 a few everyone will be able to do it once again as I stated why restrict one 08:31:51.000 --> 08:31:55.760 location from what everyone on the block would be doing well and that's that's a 08:31:55.760 --> 08:32:00.120 good point but and maybe we need to look at that too because once you open the 08:32:00.120 --> 08:32:05.640 door to NRM you you are open the door to the gentrification of having these 08:32:05.640 --> 08:32:12.360 apartments come in and build because it would allow them in our immune allows a 08:32:12.360 --> 08:32:18.760 variety of things that are acceptable in other locations but in southeast didn't 08:32:18.760 --> 08:32:21.880 probably wouldn't work too well especially long Roberts there that's 08:32:21.880 --> 08:32:27.200 that's the only thing I'm saying but it isn't meant to single you out and you 08:32:27.200 --> 08:32:31.940 know tie your hands unless it's just really meant to protect the neighborhood 08:32:31.940 --> 08:32:37.920 I'm just trying to understand due to the fact that there's two locations on that street that are in NRM 08:32:37.920 --> 08:32:43.840 right and when something comes in that wants to build there we want to look at 08:32:43.840 --> 08:32:49.120 it in relationship to that neighborhood so we may put an overlay on them too if 08:32:49.120 --> 08:32:55.800 depending on what it is that comes in that could happen okay real fast we have 08:32:55.800 --> 08:33:01.800 several people still want to talk but Richard wanted to just wanted to provide a 08:33:01.800 --> 08:33:05.920 little bit more perspective on on staffs analysis and why we didn't have have any 08:33:05.920 --> 08:33:09.640 overlay conditions on this if you look at it I know we don't have the have it up 08:33:09.640 --> 08:33:14.800 on the map but to the north of the property they're bordered by a canal to 08:33:14.800 --> 08:33:19.680 the to the east you have a railroad you have the school and almost I mean right 08:33:19.680 --> 08:33:24.200 away in a large parking lot and then to the to the far west I'm sorry just to 08:33:24.200 --> 08:33:28.320 the west of the property where that vacant area is that's actually city right 08:33:28.320 --> 08:33:32.120 away that's platted right away that has an easement through it so I don't think 08:33:32.120 --> 08:33:36.320 in the near future will be vacating that and anything being built there and so 08:33:36.320 --> 08:33:40.000 when we really looked at it it really is almost like an island within within this 08:33:40.000 --> 08:33:44.820 neighborhood and that's where looking at compatibility and adjacency it really is 08:33:44.820 --> 08:33:49.160 it's really its own area and so that was part of that that that analysis and part 08:33:49.160 --> 08:33:53.840 of that that rationale as to why we did not have a an overlay for this property 08:33:53.840 --> 08:33:58.280 just wanted to provide that perspective Commissioner Pernetta and these all kind 08:33:58.280 --> 08:34:02.360 of go back to I guess the questions that I had earlier on whether or not if we 08:34:02.360 --> 08:34:07.200 put an overlay on it you know would eventually we have a change to an MN 08:34:07.200 --> 08:34:13.360 and I kind of and I guess right now if we place an overlay on this if it all 08:34:13.360 --> 08:34:17.400 you know moves for zoning to MN then they would be the only ones that would 08:34:17.400 --> 08:34:20.000 have the overlay and if they want to do anything differently they would have to 08:34:20.000 --> 08:34:25.240 go through a process that nobody else would do whereas if we go ahead and and 08:34:25.240 --> 08:34:29.680 I think to Commissioner Smith's point we don't know what's going to happen with 08:34:29.680 --> 08:34:33.960 this because the you know we're still in a draft but I would guess that if we 08:34:33.960 --> 08:34:39.680 have an RMU right here and we put MRMU right here we would pretty much be 08:34:39.680 --> 08:34:46.440 defining that in essence this island would wind up becoming an MN and in that 08:34:46.440 --> 08:34:52.440 point we would be driving exactly where it's going to go and the next few 08:34:52.440 --> 08:35:01.120 months are creating a case for them to actually make that MN so yeah I guess 08:35:01.120 --> 08:35:06.080 with that I I guess I'm kind of supporting the amendment because in 08:35:06.080 --> 08:35:11.600 essence if if we were to make this an RMU we would be helping define what 08:35:11.600 --> 08:35:15.400 everyone else in that neighbor would be and I guess when you look at what's 08:35:15.400 --> 08:35:22.120 along there you know I don't know how many you know how apt gentrification 08:35:22.120 --> 08:35:26.360 would be for property right next to a railroad and a canal and everything so 08:35:26.360 --> 08:35:30.400 so maybe in and of itself the natural geography and the natural you know 08:35:30.400 --> 08:35:35.000 characteristics of the neighborhood would protect it so that's I guess that's 08:35:35.000 --> 08:35:41.720 it thank you Christian Ellis thank you chair yeah just a couple of things that 08:35:41.720 --> 08:35:44.960 I wanted to add we just don't want to impede their development of this we're 08:35:44.960 --> 08:35:51.400 all in support of this restaurant becoming viable again this restriction 08:35:51.400 --> 08:35:54.800 goes with the land number one so it would always have to be a restaurant and 08:35:54.800 --> 08:35:59.680 we don't want to impede from their growth on these parcels we don't they 08:35:59.680 --> 08:36:04.000 don't exactly know even how that's gonna necessarily develop and we may be by 08:36:04.000 --> 08:36:07.400 putting that kind of restriction on all those parcels may just be impeding 08:36:07.400 --> 08:36:11.560 exactly what they want to do is they're revitalizing history here 08:36:11.560 --> 08:36:17.800 mr. Smith just to make clarification I want to make it seem like if the code 08:36:17.800 --> 08:36:23.440 the DDC code update and the city was citywide rezoning did not go through 08:36:23.440 --> 08:36:26.800 with an em in this area did not want to make it seem like I was inferring this 08:36:26.800 --> 08:36:30.480 would be spot rezoning but rather there'd be an isolation here but I think 08:36:30.480 --> 08:36:35.320 Richard's point about this area itself once you really understand the context 08:36:35.320 --> 08:36:39.140 of where it is that it is in its own right its own area and as legal 08:36:39.140 --> 08:36:43.680 mentioned this whole area has already been operating in a mixed-use operation 08:36:43.680 --> 08:36:46.400 array so I want to make that clarification on points earlier thank 08:36:46.400 --> 08:36:51.680 you and mr. Beck okay I understand everybody's point of view and I mean if 08:36:51.680 --> 08:36:56.880 that's the direction we're going okay I just don't want us to regret we're 08:36:56.880 --> 08:37:00.880 crossing our fingers that nothing happens here that can happen here so I 08:37:00.880 --> 08:37:05.680 mean I I don't want to restrict anybody either and if that's the way we want to 08:37:05.680 --> 08:37:10.400 goes in NRMU without a restriction okay but I don't have to look back 15 or 20 08:37:10.400 --> 08:37:16.060 years of fortunately here still in that you know somebody moves in and takes 08:37:16.060 --> 08:37:22.720 advantage of the zoning that we created there and disrupts the neighborhood that 08:37:22.720 --> 08:37:29.720 they want to protect so all right the board has been cleared it was close to 08:37:29.720 --> 08:37:33.360 being cleared Christian Ellis thank you chair actually it's just because I 08:37:33.360 --> 08:37:36.360 forgot to say how much I enjoyed the project narrative that was included in 08:37:36.360 --> 08:37:42.360 our backup so thank you it was wonderful it made me smile it was great thank you 08:37:42.360 --> 08:37:45.800 so with that I just want to add clarification for both the Commission and 08:37:45.800 --> 08:37:51.720 those in the audience about what's about to take place there's a motion to amend 08:37:51.720 --> 08:38:00.320 the original motion that voting yes for this would recommend to City Council the 08:38:00.320 --> 08:38:05.020 change of zoning from an NR forward to an NRMU with no conditions if this 08:38:05.020 --> 08:38:09.800 motion passes this item passes if this motion that we're both about to vote on 08:38:09.800 --> 08:38:14.280 fails we'll go back to Commissioner Smith's original motion and vote on 08:38:14.280 --> 08:38:22.680 that so with that one one clarification if if this motion to amend passes then 08:38:22.680 --> 08:38:34.000 you would put the amended motion forward for a vote yeah right it becomes the 08:38:34.000 --> 08:38:38.160 primary motion and then you vote on it again sounds great somebody might vote 08:38:38.160 --> 08:38:43.200 differently for the two of them it's possible it's not it's not likely so 08:38:43.200 --> 08:38:49.960 let's vote on the board if the amended motion becomes the primary motion 08:38:52.680 --> 08:39:07.560 right so now motion carries 6-1 yours is the primary motion to approve yes yes 08:39:07.560 --> 08:39:15.600 so I move that the motion now is what the amended motion was in our fourth 08:39:15.600 --> 08:39:21.280 MRMU with no conditions Commissioner Cole a second we have a first and a 08:39:21.280 --> 08:39:27.560 second for approval of the rezone any discussion seeing none I'll call for go 08:39:27.560 --> 08:39:29.800 to the board 08:39:33.920 --> 08:39:59.160 motion carries 7-0 congratulations I'm gonna provide two minutes for the 08:39:59.160 --> 08:40:26.560 chambers to clear welcome back to the plan and zoning commission public hearing 08:40:26.560 --> 08:40:33.620 it is 1131 I'll call back to order and invite Sean Jacobson for item 3 k s 19 08:40:33.620 --> 08:40:43.640 - 0 0 0 1 I'll open the public hearing system planner the request before you 08:40:43.640 --> 08:40:49.080 tonight is for a specific use permit to allow an accessory dwelling unit about 08:40:49.080 --> 08:40:54.560 half an acre at 606 Robert Street this area is zoned in our three and so it 08:40:54.560 --> 08:40:59.220 requires a specific use permit for an accessory dwelling unit in this case the 08:40:59.220 --> 08:41:03.920 accessory dwelling unit is a cabana it'll be next to the pool behind the 08:41:03.920 --> 08:41:10.400 residence and it because it will contain living sleeping eating quarters it 08:41:10.400 --> 08:41:15.200 counts as an accessory dwelling unit and therefore needs this specific use permit 08:41:15.200 --> 08:41:19.920 when considering a specific use permit we have a number of criteria including 08:41:19.920 --> 08:41:23.440 general compatibility the neighborhood architectural compatibility with the 08:41:23.440 --> 08:41:27.820 main building and some concerns about avoiding nuisance parking generation of 08:41:27.820 --> 08:41:35.280 traffic you can see here the site we've assessed all of those concerns so we're 08:41:35.280 --> 08:41:41.520 talking about roughly 672 square foot ADU behind a 1634 square foot house 08:41:41.520 --> 08:41:44.880 there's more than enough space around that meets a lot coverage meets 08:41:44.880 --> 08:41:51.520 landscaping parking is more than adequately provided it's designed well 08:41:51.520 --> 08:41:57.000 to match the architecture of the main residence the surrounding uses many of 08:41:57.000 --> 08:42:00.920 the nearby properties have accessory buildings of a variety of kinds so this 08:42:00.920 --> 08:42:03.880 is in keeping with the pattern of development in the neighborhood it won't 08:42:03.880 --> 08:42:08.000 impede the orderly development vacant properties in the area because there are 08:42:08.000 --> 08:42:11.240 no vacant properties in the area and it's a well-developed neighborhood there 08:42:11.240 --> 08:42:14.640 are no nuisances for the surrounding properties it's well screened there are 08:42:14.640 --> 08:42:18.080 trees and a fence around the property we've looked at the lighting there are 08:42:18.080 --> 08:42:24.920 no nuisances odors being created by this we did send out notifications to the 08:42:24.920 --> 08:42:30.520 neighborhood and we received three responses all in favor and you'll note 08:42:30.520 --> 08:42:34.920 there from the residences on either side and behind the ones would be most 08:42:34.920 --> 08:42:39.440 directly impacted the applicant held a neighborhood meeting which I did attend 08:42:39.440 --> 08:42:44.040 and the neighbors were heartily in support I believe this would be a 08:42:44.040 --> 08:42:48.420 benefit to the neighborhood therefore because this does meet our criteria for 08:42:48.420 --> 08:42:53.240 a specific use permit staff is recommending approval with that if you 08:42:53.240 --> 08:42:55.600 have any questions I'll be happy to answer them and I do believe the 08:42:55.600 --> 08:43:00.440 applicant is also here fantastic I think for the presentation there are no 08:43:00.440 --> 08:43:06.360 questions this is public hearing we have a couple cards listed here the first one 08:43:06.360 --> 08:43:10.560 will be Lee Allison who is listed as the applicant which means you have ten 08:43:10.560 --> 08:43:16.680 minutes if you would like to indulge us not for ten minutes 08:43:16.680 --> 08:43:23.580 Lee Allison Allison engineering group 2415 North Elm Street Denton Texas with 08:43:23.580 --> 08:43:27.600 me this evening are the property owners Frank and Anthony we did have a 08:43:27.600 --> 08:43:31.320 neighborhood meeting I thought it was quite interesting about 18 people showed 08:43:31.320 --> 08:43:35.160 up and I don't think anybody came concerned about the pool house they all 08:43:35.160 --> 08:43:38.000 wanted to see the in house of that inside of their house it was so 08:43:38.000 --> 08:43:46.480 immaculately well done and refurbished a couple of comments about this they could 08:43:46.480 --> 08:43:51.400 build another bedroom onto their house they've got about a 1600 square foot 08:43:51.400 --> 08:43:56.520 house two bath two bedroom and they do need a place for other guests to stay as 08:43:56.520 --> 08:44:01.000 well as something to complement the swimming pool they've recently finished 08:44:01.000 --> 08:44:05.720 interestingly you could build another master suite onto this house with an 08:44:05.720 --> 08:44:09.400 exterior door and not have to be here for a permanent at all so now we're 08:44:09.400 --> 08:44:15.480 adding another multiple use room onto the site that accomplishes what they 08:44:15.480 --> 08:44:22.480 could do otherwise additionally I'd like to say that at first I've wondered why 08:44:22.480 --> 08:44:25.960 an SUP would even be needed for something like this but after visiting 08:44:25.960 --> 08:44:29.160 with some of the guests that were there that evening and other concerns in the 08:44:29.160 --> 08:44:34.040 past sure if there had been a garage apartment with somebody up high that it 08:44:34.040 --> 08:44:38.480 makes a good reason to come forward with an SUP so we're glad to do that but this 08:44:38.480 --> 08:44:44.040 is a one-story building that's what's not raised up high there are no windows on 08:44:44.040 --> 08:44:48.800 the back of the building and it'll be real easy to not very easy at all for 08:44:48.800 --> 08:44:52.480 anybody to be looking out into other yards or being an intrusion to anyone 08:44:52.480 --> 08:44:56.400 else and the architecture I'm sorry I didn't bring some exhibits but I think 08:44:56.400 --> 08:45:01.080 some may have been in your backup was just incredible how it matches the 50 08:45:01.080 --> 08:45:05.760 style of this house and and works well with it so I'll be glad to answer any 08:45:05.760 --> 08:45:10.640 questions at this time or later if you so be but we're excited about this 08:45:10.640 --> 08:45:16.320 project there are no questions for you right now I thank you thank you the 08:45:16.320 --> 08:45:23.560 other card we have is Sonya Whedon Sonya my apologies 08:45:29.720 --> 08:45:37.520 I am Sonya Whedon and I live at 528 Robert Street which is just two doors 08:45:37.520 --> 08:45:43.640 west of the applicants home of first of all I want to say that what they have 08:45:43.640 --> 08:45:49.080 done to this house is absolutely gorgeous and has improved the neighborhood not 08:45:49.080 --> 08:45:54.400 only their own house but the whole neighborhood and it'll probably make 08:45:54.400 --> 08:46:00.400 their taxes go up and mine too but that's okay it'll help the salary of my 08:46:00.400 --> 08:46:10.520 son I do want to say that I do support this it I was fortunate enough to know 08:46:10.520 --> 08:46:21.400 the original architect or one of them Ray Goff from the 50s and it seems 08:46:21.400 --> 08:46:27.640 almost as though the plan with the swimming pool the deck that they put on 08:46:27.640 --> 08:46:36.680 and this maybe a guest house is all part of a master plan that just appeared 70 08:46:36.680 --> 08:46:44.080 years later but it works beautifully as a unit I have seen I have seen it seen 08:46:44.080 --> 08:46:52.160 the pictures of it and it is really quite lovely our neighborhood is a 08:46:52.160 --> 08:47:01.040 unique neighborhood I am probably the oldest living fossil in the neighborhood 08:47:01.040 --> 08:47:09.600 having lived there for 54 years and during the 70s and during the 80s I had 08:47:09.600 --> 08:47:16.920 my many trips to these chambers for preserving our neighborhood and keeping 08:47:16.920 --> 08:47:25.560 it as nice as it is it is also a very critical neighborhood it's unique but 08:47:25.560 --> 08:47:33.320 it's also critical it's bound on the north side by Sherman Drive it is bound 08:47:33.320 --> 08:47:42.200 on the south side by University Drive and it is bound on the east side by a 08:47:42.200 --> 08:47:51.480 block of duplexes that were emergency housing post-war houses that were put 08:47:51.480 --> 08:47:58.520 in in 1945 I believe or 46 somewhere around there so it's very critical I 08:47:58.520 --> 08:48:06.000 have been down here to preserve our single-family neighborhood it's a 08:48:06.000 --> 08:48:12.280 neighborhood that has relatively large lots there are many of the neighbors 08:48:12.280 --> 08:48:21.520 have multiple buildings out little houses tool houses garden houses dog 08:48:21.520 --> 08:48:30.040 houses detached garages maybe out houses I don't know but I don't think we have 08:48:30.040 --> 08:48:40.680 any guest houses now my question is that the special use permit will that affect 08:48:40.680 --> 08:48:49.200 the zoning because so far it is a single-family zoning area and we do have 08:48:49.200 --> 08:48:58.400 duplexes to the east so my question is how inviting would this special use 08:48:58.400 --> 08:49:06.280 permit be for changing the zoning in the area from a single family to whatever 08:49:06.280 --> 08:49:11.520 comes next this wouldn't have any impact on zoning it is pardon me it would have 08:49:11.520 --> 08:49:16.840 no impact on zoning would have no impact zero I really support this and I think 08:49:16.840 --> 08:49:22.180 it'll be it is a beautiful beautiful arrangement very well planned very well 08:49:22.180 --> 08:49:29.800 designed Ray Goff who was a friend of mine and a colleague would be so pleased 08:49:29.800 --> 08:49:35.040 it looks as though it were part of a master plan and I do approve of it thank 08:49:35.040 --> 08:49:39.360 you thank you and I feel it's worth noting what a testament is to your 08:49:39.360 --> 08:49:44.680 neighborly I just wanted to compliment your neighbors that they have a neighbor 08:49:44.680 --> 08:49:50.880 here at midnight supporting their project that's strong all of the neighbors in the 08:49:50.880 --> 08:49:55.640 neighborhood are very nice and we keep our properties very nice but I am 08:49:55.640 --> 08:49:59.920 concerned about the change of zone sure it sounds like a great neighborhood 08:49:59.920 --> 08:50:07.480 thank you we have another card it's not wishing to speak Gary Hayden and Deb 08:50:07.480 --> 08:50:15.240 Conti they are in support their address is 2106 North Bell Avenue this is a 08:50:15.240 --> 08:50:21.760 public hearing so anyone wishing to speak they certainly do so see none I'll 08:50:21.760 --> 08:50:25.680 close the public hearing and move to the dais for discussion or a motion 08:50:25.680 --> 08:50:30.440 Commissioner Pernetta make a motion to approve we have a first for approval 08:50:30.440 --> 08:50:35.720 Commissioner Cole second we have a first and a second for approval is there any 08:50:35.720 --> 08:50:40.840 discussion seeing none I'll call for a vote on the board 08:50:40.840 --> 08:50:55.040 motion carries 7-0 thanks for staying up with us and congratulations next item 08:50:55.040 --> 08:51:01.580 for business is our concluding item of the public hearing item 3l DCA 18 - 0 08:51:01.580 --> 08:51:09.240 0 0 8 I will invite Haley down for a presentation and I'll open the and I'll 08:51:09.240 --> 08:51:14.900 open the public hearing no just wanted to mention as Richard did at work session 08:51:14.900 --> 08:51:19.760 we don't have a presentation prepared for tonight based on the latest draft 08:51:19.760 --> 08:51:22.560 that was in your backup I think you've all heard most of what we would have to 08:51:22.560 --> 08:51:27.200 say already a couple of times probably but wanted to let you know that where 08:51:27.200 --> 08:51:31.560 we're at currently with the draft we're still taking in a lot of feedback from 08:51:31.560 --> 08:51:35.280 the local development community and want to make sure we have adequate time to 08:51:35.280 --> 08:51:39.120 read through all of that address it make any necessary changes so the draft is 08:51:39.120 --> 08:51:43.680 still somewhat in flux we anticipate that we'll have a new draft ready for 08:51:43.680 --> 08:51:48.000 you all to consider and hopefully vote on on March 6th I appreciate that the 08:51:48.000 --> 08:51:51.400 public hearing is open if someone wanted to speak on the item they certainly can 08:51:51.400 --> 08:51:58.560 do that this evening is Rick Baria wanting to speakers okay that being said 08:51:58.560 --> 08:52:02.560 while the public hearing is open the chair would entertain a motion to a date 08:52:02.560 --> 08:52:07.720 certain to table this to date certain of March 6th Commissioner Smith make a 08:52:07.720 --> 08:52:13.600 motion to table this discussion till dates we have a first Commissioner Ellis 08:52:13.600 --> 08:52:18.200 second we have a first and second to table the item to date certain of March 08:52:18.200 --> 08:52:22.880 6th seeing no discussion I'll call for vote on the board 08:52:28.560 --> 08:52:42.000 motion carries 7-0 the next item of business is the concluding item of the 08:52:42.000 --> 08:52:45.840 evening it is the planning and zoning Commission project matrix I will turn 08:52:45.840 --> 08:52:50.080 it over to Richard for clarification and then we'll open up for discussion just 08:52:50.080 --> 08:52:56.520 wanted to highlight a couple items on here I know we had for three six I have 08:52:56.520 --> 08:53:01.280 invited pre-tem to come and give that update so he is he is planning on being 08:53:01.280 --> 08:53:06.520 here I know we had 320 to talk about the rezoning you know that continue that 08:53:06.520 --> 08:53:10.920 discussion on RD 5x it might be appropriate that we we kind of bifurcate 08:53:10.920 --> 08:53:15.840 maybe some of that and tie that into the discussion that we have planned for the 08:53:15.840 --> 08:53:21.720 next special session next week with the DDC update so as we get into the use 08:53:21.720 --> 08:53:26.200 tables and again begin looking at that at the zoning map to start to start to 08:53:26.200 --> 08:53:31.840 have that discussion with that what time do we want to start I know that do we 08:53:31.840 --> 08:53:39.200 want to do we want to solve that now or or or get back get back to us tomorrow 08:53:39.200 --> 08:53:43.600 other than that the only I know I will be adding the item on the policy 08:53:43.600 --> 08:53:51.760 discussion that we had earlier but after ten hours today do you have a a target 08:53:51.760 --> 08:53:55.760 start time we think in like two we're thinking four do you I certainly don't 08:53:55.760 --> 08:53:59.960 think we need to go as early as two unless unless it's it's really up it's 08:53:59.960 --> 08:54:04.680 really up to up to the Commission we'll probably go a couple I would assume a 08:54:04.680 --> 08:54:08.960 couple hours two three hours at least so whether you want to start in the 08:54:08.960 --> 08:54:14.280 afternoon or early afternoon mid-afternoon or evening it's really 08:54:14.280 --> 08:54:17.920 it's really up to you 08:54:18.680 --> 08:54:25.800 great three o'clock four four would four be enough time or do we need more than 08:54:25.800 --> 08:54:30.800 that for three selfishly speaking it's my son's birthday so if the earlier we 08:54:30.800 --> 08:54:34.200 can get out the greater for me personally that's selfish but so like 08:54:34.200 --> 08:54:43.000 three or four would work great so I can start dinner next week next week great 08:54:43.000 --> 08:54:54.080 this for work can we go two hours the next 27th this for work for sure and if 08:54:54.080 --> 08:54:59.880 we need to push it to three we can send an email for fun with me good okay what's 08:54:59.880 --> 08:55:12.760 the newly planned for four kiss her back he was gonna talk on the he'll speak 08:55:12.760 --> 08:55:16.600 someone on the mobility plan I have that coming back once they once they have a 08:55:16.600 --> 08:55:21.880 consultant lined up but he'll be here to talk about those special study areas 08:55:21.880 --> 08:55:29.640 that we did that the traffic analysis for Sherman where we are with Ryan Road 08:55:29.640 --> 08:55:33.320 where we're with Hickory Creek just to give them give an update I believe 08:55:33.320 --> 08:55:37.680 they're gonna be bringing that to a work session here in the near future but at 08:55:37.680 --> 08:55:41.600 least I think that by that time they'll have some counsel direction and then 08:55:41.600 --> 08:55:46.580 that way they can provide an update update to to the Commission and the 08:55:46.580 --> 08:55:56.280 roundabouts my contribution to the matrix is I know this is not a PNZ area 08:55:56.280 --> 08:56:02.200 but is there some way we can get something in motion to deal with the 08:56:02.200 --> 08:56:07.560 issue that folks over there behind the service center with the roads and the 08:56:07.560 --> 08:56:14.080 big trucks coming down that putting up signs is there whoever handles that now 08:56:14.080 --> 08:56:18.200 understand there's gonna be the okay there's gonna be that neighborhood 08:56:18.200 --> 08:56:21.320 meeting there's gonna be an engineer there so maybe that would be the 08:56:21.320 --> 08:56:25.320 opportunity to do it but I just want to get something on record so we can 08:56:25.320 --> 08:56:29.440 address it that's that's appalling that the even lamb come down the street I 08:56:29.440 --> 08:56:32.600 think there's a weight load for certain streets anyway they'd be violating that 08:56:32.600 --> 08:56:38.760 I would think but when we first talked about this rezoning for that property it 08:56:38.760 --> 08:56:42.840 was really kind of like I said earlier the first step in getting it cleaned up 08:56:42.840 --> 08:56:47.080 the next would really start looking at at correcting the platting if you really 08:56:47.080 --> 08:56:50.280 look at the map there's rights of way that actually kind of zigzag throughout 08:56:50.280 --> 08:56:54.040 their old easements so it's really just consolidating that getting it cleaned up 08:56:54.040 --> 08:56:59.280 and and just being good stewards okay okay you'll give us notice on when that 08:56:59.280 --> 08:57:04.680 neighborhood meetings gonna be okay Commissioner Ellis thank you chair 08:57:04.680 --> 08:57:08.640 Richard can you give me like an immediate update on Bernard Street 08:57:08.640 --> 08:57:14.320 please sure I was on it today between Sycamore and Mulberry and it is 08:57:14.320 --> 08:57:19.120 appalling it is dangerous it is a it's it's a massive problem waiting to 08:57:19.120 --> 08:57:24.020 happen if it hasn't already happened with hurting someone it is awful so 08:57:24.020 --> 08:57:30.020 I would love an update on what is going on there please um secondly with what 08:57:30.020 --> 08:57:35.240 happened with this long meeting today is there a way that staff or maybe us at 08:57:35.240 --> 08:57:38.400 the beginning of a meeting can look at our public hearing items and possibly 08:57:38.400 --> 08:57:44.200 adjust I feel bad that the item we heard basically last tonight was the easiest 08:57:44.200 --> 08:57:48.760 was very much yeah a no-brainer and should have certainly been probably at 08:57:48.760 --> 08:57:51.680 the very top of our public hearings I don't know how that is done when we 08:57:51.680 --> 08:57:56.200 craft our agenda or how easy that is to make adjustments but I think I feel like 08:57:56.200 --> 08:58:01.200 we kind of know you certainly do at staff know how many people have reached 08:58:01.200 --> 08:58:05.800 out to you so what is probably going to to garner a lot of discussion and that 08:58:05.800 --> 08:58:09.880 so maybe I don't know if it's something we talked about with procedures maybe 08:58:09.880 --> 08:58:13.880 it's just something we look at every meeting or but I think it needs to be 08:58:13.880 --> 08:58:18.960 looked at even when as we were kind of structuring this item and you know 08:58:18.960 --> 08:58:22.440 speaking with all the staff and who was at the post you know who was at the 08:58:22.440 --> 08:58:25.880 neighborhood meetings is there a lot of you know so we kind of adjusted knowing 08:58:25.880 --> 08:58:28.280 that there's going to be a lot of citizens because the neighborhood was 08:58:28.280 --> 08:58:33.120 all in support I really didn't think there would be anyone here for the item 08:58:33.120 --> 08:58:37.040 and that's what I think we can adjust even for the applicant yeah even if we 08:58:37.040 --> 08:58:44.000 didn't have anybody stay I mean even the applicant to stay that long is for what 08:58:44.000 --> 08:58:49.160 it's worth rich and I do try to sidebar beforehand and re that didn't happen 08:58:49.160 --> 08:58:54.560 today but we there is a conversation between chair and staff to try to look 08:58:54.560 --> 08:58:59.240 at that but I agree completely feel bad for them being here about four hours 08:58:59.240 --> 08:59:04.040 and this was a long agenda I think one of our longest ever yeah 08:59:04.040 --> 08:59:12.360 Mr. Smith nature not really something we add to the matrix but just well we're 08:59:12.360 --> 08:59:15.160 doing the DDC updates everything else can we just look out for any other 08:59:15.160 --> 08:59:19.960 properties that are owned by the city that are zoned wrong or have multiple 08:59:19.960 --> 08:59:22.920 zonings or something like that so do we can just include that in the 08:59:22.920 --> 08:59:25.680 conversation with the DDC update and just you don't have to come bringing it 08:59:25.680 --> 08:59:28.440 for us but just put in the city why we're zoning just make sure it's being 08:59:28.440 --> 08:59:32.560 done don't need an update on the matrix just absolutely it's not let's not I was 08:59:32.560 --> 08:59:37.720 pretty pretty surprised I got my packet on a Friday say oh that's cool part of 08:59:37.720 --> 08:59:43.200 it why we're having a specific category for the only thing I'd like to add is 08:59:43.200 --> 08:59:48.160 this formally add to the conversation we had in workstation about policies trying to 08:59:48.160 --> 08:59:53.640 identify what policies are lacking and then how we go about drafting some 08:59:53.640 --> 08:59:58.080 procedures around some of the things we're thinking of and then I'll just 08:59:58.080 --> 09:00:04.360 encourage the commissioners if there are items that you feel lack policy or 09:00:04.360 --> 09:00:08.880 confusion that we get them over to staff so we can kind of as comprehensively as 09:00:08.880 --> 09:00:16.160 we can try to figure out what to do in these situations that are ambiguous any 09:00:16.160 --> 09:00:23.400 other discussion fantastic I will close this meeting at 1151