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

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 meeting for Wednesday, September 13, 2023.

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 This is our work session and with a quorum present, I will call us to order at 5.32 p.m.

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 Let the record show commissioners Smith and Villarreal are absent at this time.

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

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 Do we have anyone here wishing to speak on consent?

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 Seeing none, we will move on to our final work session item which is clarification on

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 today's agenda.

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 First item of business for us is approval of our minutes for the 23rd commissioners.

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 Do you have any questions on that?

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 That will then take us to consent agenda.

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 Do we have questions on the consent agenda?

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 Commissioner McDade?

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 >> Thank you, chair.

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 I have a question on D and E that I need to --

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 >> Okay.

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 We can move through those then if anyone -- does anyone have anything A through D?

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 Okay.

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 Then Julie, if you will come on up.

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 Thank you.

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 Good evening.

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 Julie Wyatt.

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 All right.

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 So this is two plats for the Kingsway subdivision.

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 It's a single-family residential development.

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 Has two tracks.

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 The first -- the first plat is a final plat for a track located at King's Row and Loop

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 288.

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 It is phase 1A of the subdivision.

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 And then the second plat is phase 1B of the proposal.

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 It does meet all of the technical requirements associated with plats within the debt and

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 development code, so staff is recommending approval, and I'll be happy to answer any

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 questions.

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 >> Okay.

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 The question I have, and I need you to refresh my memory, because I remember I asked this

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 about a year ago.

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 At the last meeting, it was withdrawn, so now that it's only consent agenda, it does

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 not come back to this commission, correct?

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 All right.

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 So it's been approved?

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 >> Well, that is a good question.

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 So, yes, you remember this was the subject of a rezoning case last year, two years ago,

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 18 months or so ago.

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 The purpose of that rezoning was for a planned development.

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 If you recall, the developer wanted some smaller lots, some additional densities within this

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 area, so they were proposing to rezone the property from R4 and R7 to a planned development.

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 That was not approved by city council, and so they are now just developing it under the

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 current zoning, which this Phase 1B, so the larger tract, that has the R4 zoning, and

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 then the smaller tract has R7 zoning.

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 >> Okay.

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 I guess the reason I was asking, because I actually have friends out there, and they

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 were confused, and I told them, you know, they're watching right now, I told them if

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 you'll watch the program, I'll have her explain it to you how it went from being withdrawn

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 to now being approved and not coming through P&Z, so, I mean, that way I don't have to

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 answer all the questions.

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 >> I understand.

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 I understand.

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 >> Well, I think the original PD was denied by council, correct?

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 >> Correct.

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 Correct.

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 So the remaining -- the zoning just stayed in place.

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 >> The zoning stayed as it was, since it was denied at council.

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 >> All right.

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 Thank you.

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 So Julie, I'm going to keep you up there.

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 I don't know if you saw my email.

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 >> I did, yes, ma'am.

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 >> So if you -- well, I'll let everybody know what my email was.

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 So I wanted Julie to explain -- we've had a lot of communication on this, as you all

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 know, because it's in your inboxes.

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 So I wanted to know how CITI satisfies that Criterion 8A, which is minimizes adverse impacts

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 on surrounding, and it says the result of citizen participation process may appropriately

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 be considered here, the proposed development should not cause significant adverse impacts

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 to surrounding areas.

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 So can you run us through how the city would deduce that Criterion?

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 >> Sure.

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 So in this case, because this is a plat, this is a ministerial action, the zoning is in

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 place that R4 and R7 actually transitioned from our previous zoning code, the 2002 development

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 code.

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 So the zoning that was put in place on this property was NR4 and NRMU12 in 2002.

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 At that time, it was determined it was consistent with the comprehensive plan, and then it met

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 that requirement of being appropriate within the area and adjacent to the single-family

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 residential developments to the east of the site and the north.

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 That said, we also have criteria within the Denton Development Code for development.

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 For example, if this were being developed with a commercial use, buffers would be required.

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 But because this is a residential use adjacent to a residential use, a buffer isn't required.

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 It just must meet those minimum standards within the Denton Development Code.

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 So that criteria could be challenging for plats because they are ministerial.

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 But with that existing zoning, developing under that existing zoning and meeting those

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 minimum standards within the Denton Development Code, it was determined that it would not

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 create any significant adverse impacts with the adjacent properties.

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 >> Is traffic considered an adverse impact when being looked at?

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 >> So we actually -- our transportation planner, I talked to her today in preparation of this

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 meeting, and she had them update the TIA associated with this plat or with the preliminary plat

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 to make sure that all of her ducks were in a row.

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 If you recall, there were a lot of transportation improvements associated with that PD.

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 That was part of that negotiation with the PD, not necessarily something that the -- could

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 be required of a development under straight zoning.

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 So she looked at the TIA, the existing conditions of those surrounding intersections, and the

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 impacts that this project would have on those intersections, particularly the intersection

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 here.

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 It's a little hard to see, but there at Kings Row and Loop 288, that was a really big one.

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 Currently that is operating at a level E, and this development would not make that letter

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 grade change any lower, and so --

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 >> Didn't the letter grade go any lower?

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 >> F would be the next, and that really is based on not necessarily that it's -- it's

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 based on the number of seconds that a car has to wait at that intersection before they

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 can either turn or go straight.

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 So because they did analyze that intersection, the intersection's already got some challenges

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 that we're aware of, and that they would not -- this development would have minimal impacts

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 on that.

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 They're just going to need to do some restriping for that intersection to make sure that it

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 flows a little bit better, and so that was the outcome of that TIA.

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 >> Are there any extra lanes coming in?

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 I know that was part of the PD, and I know that was -- so that is not happening here,

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 correct?

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 >> Correct.

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 >> So with this particular plat, this is coming in off of its own road off of King's Row.

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 >> Correct.

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 Yes.

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 >> And the next plat, it's coming in through --

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 >> Dearwood.

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 >> Dearwood.

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 >> Dearwood.

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 Sorry.

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 Yes, ma'am.

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 >> And so we don't think it's a problem that -- going back to the other plat, on King's

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 Row, that's already a problem at certain times of day -- this has one access point.

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 >> It does.

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 >> And one -- yeah.

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 That's it.

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 >> Right.

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 >> That road right there.

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 Okay.

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 Commissioner Anderson, sorry.

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 >> Thank you, Chair.

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 No, I agree.

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 They're not going to widen King's Row at all because that intersection is a nightmare too.

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 I mean, and I don't see how they say it's not going to have an adverse effect when you're

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 adding 200 more homes.

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 That's another minimum 400 cars.

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 Most people have two cars, you know, a couple living in a house, so that's, you know, another

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 400 trips a day, one way, you know, 800 trips a day.

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 I don't know.

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 I'm with Margie on this, Jerry, on this because I don't see how it's not going to affect -- have

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 an adverse effect.

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 I guess Corina's not here or anybody here to talk about how that was analyzed.

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 >> Well, so keep in mind when we do traffic impact analysis, our team meets with the engineer

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 and does a scoping meeting.

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 And so, you know, the engineer submitted their traffic impact analysis.

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 Our team reviewed it.

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 As Julie reported, the level of service is not changing.

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 You know, we had the opportunity for making some additional improvements associated with

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 this development when it was being considered as part of the plan development district request.

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 But ultimately, it was denied.

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 So what's before you meets our requirements as it relates to the improvements that need

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 to be made.

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 And therefore, hence why the plat is in an approval state.

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 >> And I understand that part of it.

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 It's the 8(a) that I'm trying to understand that how we get that it's not going to have

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 adverse impact because it will unless traffic's not taken into consideration under that particular

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 category.

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 >> So in response to the challenge I would add is, so our evaluation criteria, particularly

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 this 8(a) being in our general evaluation criteria for developments, in my opinion,

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 it's not taking into consideration the state law limitations that are associated with it.

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 So in hindsight, when it comes to platting, some of our general criteria, including the

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 one regarding consistency with the comprehensive plan, when the property is already entitled

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 for uses that they're allowed to develop in accordance with, then, you know, the cow's

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 already the barn on that one, right?

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 So it is platts when someone's property is entitled from a zoning standpoint and they

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 are proposing a development that meets all of the current standards under the existing

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 zoning and their plat complies also with all of our technical requirements associated with

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 the existing zoning in our subdivision ordinance.

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 Per state law, we are obligated to approve the plat because it complies.

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 And so it's -- I understand that there may be some concern that there's going to be more

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 traffic as a result of the property developing, but with our traffic impact analysis and our

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 evaluation of it and the level of service not changing, that it is in a state that it

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 meets our requirements and hence why it's being approved.

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 I don't have a problem with the neighborhoods going in and stuff.

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 I just wish there was something we could do to alleviate some of that traffic, because

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 I think if my memory serves me correct, we've had people come up and talk about this in

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 the past about how on school days traffic backs up all the way down Kings Road and onto

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 Luke 288.

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 That's a traffic hazard.

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 Is there -- and I know 288 is a textile highway.

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 Would they be willing to put in a turn lane-only lane going northbound for these people to

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 get off the road?

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 I mean, I have no problem with the platts.

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 I mean, again, you know, they meet the criteria, they're going to get approved and all this

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 stuff.

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 I'm just worried about traffic.

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 I did talk to Karina.

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 She does have a meeting scheduled with TxDOT, so they -- we are continuing to coordinate

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 with TxDOT to try to make sure that those roadways are functioning in a safe and as

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 efficient manner as possible.

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 So it's something they're continuing to refine.

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 I can certainly provide her with the feedback to kind of let her know what's going on in

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 that area regarding Hodge.

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 Yeah, I mean, it's unfortunate that the PD couldn't get done because we could instill

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 that.

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 One moment, Commissioner McDade.

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 Tina, if I could just have you clarify.

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 So effectively, that particular criterion that's in our analysis is not really a -- is

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 not really -- you're saying it complies to all state law.

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 So that is really not anything that --

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 That maybe should be in there, because it seems --

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 Like it could be satisfied or not satisfied, and it's not going to matter.

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 This one, as well as -- some of our criteria could be updated to better reflect what we

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 can and can't do, particularly when it comes to platting.

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 And so we can add that to the list of potential DDC amendments, but when the property is already

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 entitled under the existing zoning, the property owner has the rights to be able to develop

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 it, and if it meets all of our standards, then when we're comparing it against criteria

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 like this, and also comparing a plat against the comprehensive plan criteria when the property

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 is already entitled, it puts us in a more challenging situation.

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 So hence why we look at it from the --

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 This is my point exactly.

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 Yeah.

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 I mean, it's -- I get everything that you're saying.

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 So what I'm saying is maybe we need to relook at that, and I'll bring that up at a later

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 time in the matrix, and we can discuss, perhaps.

00:13:53.360 --> 00:13:54.360
 Okay.

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 Thank you.

00:13:55.360 --> 00:13:56.360
 Commissioner McDade.

00:13:56.360 --> 00:13:57.360
 Thank you, Chair.

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 You made the comment that the city looked at improvements, but they were denied.

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 As part of that plan development district request, when it came forth, when we had that

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 rezoning submission, the developer was willing to make some additional improvements to be

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 able to help with the ingress/egress associated with these developments and some of the traffic

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 challenges that are within the area.

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 But because that plan development district was not approved, all of those offerings that

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 the developer was proposing at that time are no longer on the table.

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 So they're not obligated to provide those improvements.

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 All right.

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 Thank you.

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 If that helps.

00:14:37.840 --> 00:14:38.840
 Okay.

00:14:38.840 --> 00:14:39.840
 Commissioner Pruitt.

00:14:39.840 --> 00:14:40.840
 Thank you, Chair.

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 A couple things.

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 So the transportation criteria manual has a 200-foot minimum spacing between intersections

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 for this with a collector and a residential street.

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 I take it that it barely meets that to the current right-of-way of Loop 288, and it would

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 not meet that to the planned expansion of Loop 288.

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 Is that accurate?

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 I don't know about the planned expansion.

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 I assume there will be right-of-way because there is some reservation associated with

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 this.

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 Any Loop 288 expansions haven't been designed yet, so we don't know how that's going to

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 shake out in the future.

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 If I could add to that.

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 It's not 80 percent or more designed, but we kind of know where it's going.

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 Well, and I was just saying if I could add to that for Julie's benefit since I was at

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 that TechStat meeting.

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 So there are some initial schematics that have been developed, but we continue to work

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 with TechStat on this particular interchange or intersection, if you will, and how that

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 could potentially be designed.

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 So there was one option that was proposed – I'm trying to think back to that TechStat

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 meeting.

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 If they had one option or two options that were proposed, I think it was one – that

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 was being proposed in which they were seeking the community's feedback.

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 And because of the way the geometry of the alignment of the existing King's Row street

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 is with respect to 288, it's not a perfect 90-degree angle intersection, it's skewed.

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 And so that creates some design challenges.

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 So we continue to work with TechStat on how to best design that particular intersection

00:16:18.040 --> 00:16:23.480
 because we know that that is a route that is traveled frequently for persons coming

00:16:23.480 --> 00:16:25.400
 from east to west and vice versa, right?

00:16:25.400 --> 00:16:27.520
 So we continue to work with them on that.

00:16:27.520 --> 00:16:29.160
 They are sensitive to that design.

00:16:29.160 --> 00:16:34.560
 Also, other things that we're having to factor in is how the ramps come from the direct connector

00:16:34.560 --> 00:16:41.320
 of 380 into Loop 288, also how that interfaces with Windsor to the south, and then also how

00:16:41.320 --> 00:16:46.720
 it relates to this, so we continue to work with them on that.

00:16:46.720 --> 00:16:48.760
 So I get that.

00:16:48.760 --> 00:17:00.080
 I just want to understand, is the limitations that we have on platting validity based on

00:17:00.080 --> 00:17:07.340
 the current right-of-way location of Loop 288, no matter what state of planning the

00:17:07.340 --> 00:17:12.560
 expansion was at until they've acquired that right-of-way or funded the project, we can't

00:17:12.560 --> 00:17:15.760
 consider essentially the future alignment?

00:17:15.760 --> 00:17:16.760
 Correct.

00:17:16.760 --> 00:17:21.100
 So because the fact that they're not advanced enough in their work, if they were at a point

00:17:21.100 --> 00:17:24.440
 where they were acquiring right-of-way, it might be a different situation, but because

00:17:24.440 --> 00:17:29.760
 they're not in a position to acquire right-of-way yet, when we were working on the preliminary

00:17:29.760 --> 00:17:33.280
 plat associated with this, there were a lot of conversations with respect to right-of-way

00:17:33.280 --> 00:17:39.420
 reservation and then how do we work through those issues because the TechStat has a responsibility

00:17:39.420 --> 00:17:42.960
 to acquire their right-of-way, but they cannot go out and acquire right-of-way until their

00:17:42.960 --> 00:17:47.160
 projects are further to an advanced state, and I believe it's beyond the schematic and

00:17:47.160 --> 00:17:50.500
 they have to have the environmental impact assessment completed before they can acquire

00:17:50.500 --> 00:17:51.680
 the right-of-way.

00:17:51.680 --> 00:17:57.000
 So we try to do our best planning right now based upon what we know, just like we did

00:17:57.000 --> 00:18:01.240
 that as we worked on the preliminary plat and it was approved, and so we use that as

00:18:01.240 --> 00:18:03.320
 we continue to move forward with these final plots.

00:18:03.320 --> 00:18:07.120
 These final plots are consistent with the preliminary plat that was done at that time.

00:18:07.120 --> 00:18:14.800
 So it is, like I said, we work through with the best information and knowns that we have

00:18:14.800 --> 00:18:17.200
 at such time when they're platting their property.

00:18:17.200 --> 00:18:18.200
 Okay.

00:18:18.200 --> 00:18:27.840
 And I understand the limitations of platting requirements, so this is not for tonight,

00:18:27.840 --> 00:18:36.320
 but just I would appreciate if I could get a copy of the TIA that associated the PD originally

00:18:36.320 --> 00:18:42.760
 and the updated TIA just for future understanding because at that original public hearing for

00:18:42.760 --> 00:18:48.080
 that PD, one of the big questions that I asked specifically was whether a right turn lane

00:18:48.080 --> 00:18:53.960
 in this location could be required as part of the general platting requirements, and

00:18:53.960 --> 00:19:01.600
 it was insinuated that, yes, that's a likely outcome, and now we're seeing that it's not.

00:19:01.600 --> 00:19:05.480
 And I understand things have changed, so I'd just like to see those TIAs to understand

00:19:05.480 --> 00:19:06.480
 how they differ.

00:19:06.480 --> 00:19:07.480
 Sure.

00:19:07.480 --> 00:19:08.480
 Okay.

00:19:08.480 --> 00:19:09.480
 Thank you, Chair.

00:19:09.480 --> 00:19:11.280
 Thank you, Commissioner Prout.

00:19:11.280 --> 00:19:12.880
 Anything else for Julie on this?

00:19:12.880 --> 00:19:20.240
 Hey, quick question, Julie, does DISD know about this development at all, anybody talking

00:19:20.240 --> 00:19:21.240
 to them?

00:19:21.240 --> 00:19:28.760
 I don't think that DISD know, they're part of our groups that we inform as projects come

00:19:28.760 --> 00:19:29.760
 in.

00:19:29.760 --> 00:19:37.360
 I haven't had specific discussions with them about this final plat tonight, but it is shared

00:19:37.360 --> 00:19:39.200
 with them on a regular basis, all of our projects.

00:19:39.200 --> 00:19:40.200
 As the project continues.

00:19:40.200 --> 00:19:41.200
 Okay.

00:19:41.200 --> 00:19:42.200
 Yeah.

00:19:42.200 --> 00:19:43.200
 Perfect.

00:19:43.200 --> 00:19:44.200
 Okay.

00:19:44.200 --> 00:19:45.200
 Appreciate you.

00:19:45.200 --> 00:19:46.200
 Thank you.

00:19:46.200 --> 00:19:47.200
 Thank you.

00:19:47.200 --> 00:19:51.800
 Okay, for individual consideration, we've got 4A, I think Ashley's making her way up

00:19:51.800 --> 00:19:52.800
 for that.

00:19:52.800 --> 00:19:53.800
 Hello there.

00:19:53.800 --> 00:19:54.800
 Good evening.

00:19:54.800 --> 00:19:59.880
 Ashley Exditt, assistant planner.

00:19:59.880 --> 00:20:05.800
 This is FP23-0023, this is a final plat for barrel strap residential.

00:20:05.800 --> 00:20:10.200
 This is approximately 50 residential lots on approximately 14 acres, and this is at

00:20:10.200 --> 00:20:13.040
 Hickory Creek and 2499.

00:20:13.040 --> 00:20:16.400
 At this time, we are recommending denial, but we have no objection to the requested

00:20:16.400 --> 00:20:19.360
 extension till October 11th, 2023.

00:20:19.360 --> 00:20:20.680
 Happy to answer any questions.

00:20:20.680 --> 00:20:21.680
 Thank you.

00:20:21.680 --> 00:20:24.440
 Any questions for Ashley?

00:20:24.440 --> 00:20:26.000
 Thank you.

00:20:26.000 --> 00:20:32.000
 4B is PP23-0019, that is Mia's project.

00:20:32.000 --> 00:20:33.000
 Hello.

00:20:33.000 --> 00:20:35.800
 Good evening, Chair, members of the commission.

00:20:35.800 --> 00:20:37.600
 Mia Hines, associate planner.

00:20:37.600 --> 00:20:43.480
 This item is a preliminary plat for Jefferson Mayhill addition located just west of Mayhill

00:20:43.480 --> 00:20:44.480
 Road.

00:20:44.480 --> 00:20:50.280
 The property includes approximately, or just under 40 acres.

00:20:50.280 --> 00:20:54.160
 At this time, it is not ready for approval, so we are recommending denial, but we have

00:20:54.160 --> 00:20:59.640
 no objection to the requested extension, which could be granted to October 11th, 2023.

00:20:59.640 --> 00:21:00.640
 Great.

00:21:00.640 --> 00:21:01.640
 Any questions?

00:21:01.640 --> 00:21:03.640
 I don't see any.

00:21:03.640 --> 00:21:04.640
 Thank you so much.

00:21:04.640 --> 00:21:13.720
 And then our last individual consideration item is 4C, that is FP23-0022, that is Julie.

00:21:13.720 --> 00:21:15.120
 Good evening, Julie Wyatt.

00:21:15.120 --> 00:21:19.840
 This is FP23-0022A, Townsend Green.

00:21:19.840 --> 00:21:21.800
 You've seen this one before.

00:21:21.800 --> 00:21:24.760
 They have had a preliminary plat approved.

00:21:24.760 --> 00:21:28.320
 Phase one of this project is currently under construction.

00:21:28.320 --> 00:21:31.520
 This is a final plat for phase two.

00:21:31.520 --> 00:21:35.600
 We are recommending approval subject to a condition.

00:21:35.600 --> 00:21:39.880
 I know that's something that we don't do very often, but because this plat meets all of

00:21:39.880 --> 00:21:46.160
 the technical requirements, we felt comfortable to recommend approval with a condition.

00:21:46.160 --> 00:21:52.720
 In this case, and sorry, it's a little bit, it's turned to the side, but there is a property

00:21:52.720 --> 00:21:56.160
 on the south side of the site.

00:21:56.160 --> 00:21:57.200
 It's in a floodplain.

00:21:57.200 --> 00:21:59.560
 It's part of our parks master plan.

00:21:59.560 --> 00:22:04.720
 This is something that they've been working with the developer on to dedicate this property

00:22:04.720 --> 00:22:08.840
 as a park to allow trail connections.

00:22:08.840 --> 00:22:13.800
 The development agreement associated with this is going to council either at the end

00:22:13.800 --> 00:22:20.280
 of this month or the beginning of October.

00:22:20.280 --> 00:22:24.440
 Just kind of belt and suspenders, we thought it would be best to go ahead and just do that

00:22:24.440 --> 00:22:30.760
 conditional approval, make sure all of that gets finalized the way it's anticipated, and

00:22:30.760 --> 00:22:36.480
 then it could come back to P&Z to remove that condition.

00:22:36.480 --> 00:22:37.480
 Commissioner Pruitt.

00:22:37.480 --> 00:22:38.480
 Thank you, Chair.

00:22:38.480 --> 00:22:40.920
 Yeah, I understand the condition.

00:22:40.920 --> 00:22:46.100
 We've done this before with other similar agreements for parkland dedication.

00:22:46.100 --> 00:22:56.480
 My question is on the south end where that cul-de-sac is, why couldn't that continue

00:22:56.480 --> 00:23:00.960
 as a stub with a temporary turnaround easement to the west of that?

00:23:00.960 --> 00:23:07.600
 Was that just something that couldn't be found with the landowner to the west or something?

00:23:07.600 --> 00:23:12.620
 It seems like that would be the more logical way to go about that.

00:23:12.620 --> 00:23:17.180
 Well, this one is a little different, and we're used to our current standards today

00:23:17.180 --> 00:23:18.540
 with our access.

00:23:18.540 --> 00:23:21.000
 We want to make sure those neighborhoods are connected.

00:23:21.000 --> 00:23:27.200
 This was actually originally plotted and devised under our old codes, and so it's really just

00:23:27.200 --> 00:23:29.560
 following that old code.

00:23:29.560 --> 00:23:39.120
 I don't remember the adjacent zoning, but it really is related to requirements under

00:23:39.120 --> 00:23:40.120
 the old code.

00:23:40.120 --> 00:23:46.860
 It does have a stub out here, so if that ever develops, and then it is also stubbed out

00:23:46.860 --> 00:23:53.760
 to the property to the east, so there will be connectivity, but it wasn't a requirement

00:23:53.760 --> 00:23:54.760
 under the old code.

00:23:54.760 --> 00:23:55.760
 Okay.

00:23:55.760 --> 00:23:56.760
 Thank you.

00:23:56.760 --> 00:23:59.640
 Anything else for Julie?

00:23:59.640 --> 00:24:00.640
 Okay.

00:24:00.640 --> 00:24:01.640
 Thank you.

00:24:01.640 --> 00:24:02.640
 Thank you very much.

00:24:02.640 --> 00:24:03.640
 Okay.

00:24:03.640 --> 00:24:06.520
 We've got three public hearings this evening.

00:24:06.520 --> 00:24:11.920
 Our first is 5A, and yes, Christy is here.

00:24:11.920 --> 00:24:14.920
 Hello there.

00:24:14.920 --> 00:24:15.920
 Hi.

00:24:15.920 --> 00:24:37.320
 Okay, so this is an alternative ESA plan for a sirene at Hickory Creek Barrowstrap Residential.

00:24:37.320 --> 00:24:42.040
 We wanted to let you know they have changed their name of their project, Barrowstrap Residential,

00:24:42.040 --> 00:24:48.800
 so there will be continuity with the final plot you saw earlier.

00:24:48.800 --> 00:24:55.600
 The purpose and the request of this is to improve an alternative ESA plan for mitigation

00:24:55.600 --> 00:25:03.200
 to remove 0.66 acres of a complex of riparian buffer and undeveloped floodplain.

00:25:03.200 --> 00:25:08.840
 The plan is to restore and improve ecological services that are offered by the remainder

00:25:08.840 --> 00:25:15.580
 of the ESA complex, and staff is recommending approval with the conditions that we'll talk

00:25:15.580 --> 00:25:20.440
 about at the end.

00:25:20.440 --> 00:25:28.320
 There was a preliminary plot that was approved in June of 2022, and it's for 14 acres, more

00:25:28.320 --> 00:25:35.040
 or less, of residential development southwest of the intersection of 2499 or Barrowstrap

00:25:35.040 --> 00:25:38.960
 and Hickory Creek Road.

00:25:38.960 --> 00:25:45.080
 I call it a complex because there's a combination or overlap of this riparian buffer and then

00:25:45.080 --> 00:25:52.240
 undeveloped floodplain, as defined by FEMA's 1% floodplain.

00:25:52.240 --> 00:26:00.800
 And then that area provides ecological services to that stream, including providing habitat,

00:26:00.800 --> 00:26:05.400
 organic stabilization, and water quality.

00:26:05.400 --> 00:26:12.720
 And the proposal is to remove that 0.66 acres of environmentally sensitive area.

00:26:12.720 --> 00:26:18.160
 Generally it's in this area right here for a couple of reasons.

00:26:18.160 --> 00:26:27.320
 First of all, to align the entrance to the neighborhood with a median opening on Hickory

00:26:27.320 --> 00:26:29.520
 Creek Road.

00:26:29.520 --> 00:26:38.200
 There will be retaining walls to be able to build up the roadway that crosses this riparian

00:26:38.200 --> 00:26:44.960
 buffer and undeveloped floodplain, as well as outfall structures to create the drainage

00:26:44.960 --> 00:26:47.600
 improvement infrastructure.

00:26:47.600 --> 00:26:52.440
 And then a trail that is being proposed to be constructed along the east side of the

00:26:52.440 --> 00:26:59.520
 development that will later after the construction be dedicated to the -- or the intent is to

00:26:59.520 --> 00:27:07.000
 dedicate it to the parks and recreation as part of their master trail system.

00:27:07.000 --> 00:27:12.920
 The mitigation plan is to improve the current habitat conditions of that remainder of the

00:27:12.920 --> 00:27:18.400
 ESAs, highlighting it here in the green, that will be the remainder.

00:27:18.400 --> 00:27:23.640
 And in addition to the remainder of what was identified as the ESAs, there's some small

00:27:23.640 --> 00:27:32.160
 spaces of open space that will be adjacent to that ESA.

00:27:32.160 --> 00:27:40.440
 And so the applicant is proposing to remove that pernicious from the area and to replace

00:27:40.440 --> 00:27:46.560
 that and improve the current conditions and improve that habitat with that native vegetation

00:27:46.560 --> 00:27:49.060
 planting plan.

00:27:49.060 --> 00:27:55.120
 Post-construction there's also some trees that are adjacent to the land disturbances

00:27:55.120 --> 00:28:06.000
 that may be damaged or destroyed during the construction of the development.

00:28:06.000 --> 00:28:11.620
 And so we have worked out with the applicant that they will inspect those trees and any

00:28:11.620 --> 00:28:17.600
 that were damaged or destroyed will be replaced at the application rate that is already outlined

00:28:17.600 --> 00:28:20.320
 in the development code.

00:28:20.320 --> 00:28:26.480
 And then up to 10 percent of the remainder of the area could be disturbed to meet FEMA

00:28:26.480 --> 00:28:28.300
 requirements.

00:28:28.300 --> 00:28:35.840
 To help explain this a little further, the applicant is currently working with FEMA,

00:28:35.840 --> 00:28:43.160
 has an application into FEMA to modify this 1 percent floodplain, and in seeking that

00:28:43.160 --> 00:28:49.880
 approval from FEMA, staff has already reviewed that and is in concurrence with the applicant.

00:28:49.880 --> 00:28:57.840
 But FEMA always has the right to make comments, require modifications.

00:28:57.840 --> 00:29:05.680
 Our concern was to not have to bring this plan back to this body and to the City Council

00:29:05.680 --> 00:29:09.840
 to request further changes to the ESA.

00:29:09.840 --> 00:29:15.640
 So what we've written into the conditions is that additional 10 percent modification

00:29:15.640 --> 00:29:24.280
 in that open space and/or the ESA area in order to allow for the applicant to make any

00:29:24.280 --> 00:29:32.160
 other – meet any other requirements that FEMA might come up with.

00:29:32.160 --> 00:29:37.800
 And there were notifications, we received three in opposition.

00:29:37.800 --> 00:29:45.280
 As you can see here, the location of those who sent in opposition letters and a neighborhood

00:29:45.280 --> 00:29:50.000
 meeting was held on March 11th.

00:29:50.000 --> 00:29:56.160
 There were four attendees at that meeting and generally it was a discussion about the

00:29:56.160 --> 00:29:59.060
 overall development.

00:29:59.060 --> 00:30:05.360
 And then staff is making a recommendation to approve this project with the conditions

00:30:05.360 --> 00:30:14.680
 as I've explained in this presentation and is outlined also in your packet.

00:30:14.680 --> 00:30:17.920
 And with that, I will take any other questions that you might have.

00:30:17.920 --> 00:30:19.920
 Thank you, Kristi.

00:30:19.920 --> 00:30:20.920
 Questions?

00:30:20.920 --> 00:30:28.320
 Kristi, I know we had a comment with regard to a green belt that is on an adjacent neighborhood.

00:30:28.320 --> 00:30:29.800
 Can you speak to that?

00:30:29.800 --> 00:30:30.800
 Sure.

00:30:30.800 --> 00:30:36.120
 Let me go back to a good outline of that.

00:30:36.120 --> 00:30:43.400
 So as you can see in this preliminary plot, this project will be adjacent to a neighborhood

00:30:43.400 --> 00:30:49.480
 that's already established and is just to the north of that neighborhood that is established.

00:30:49.480 --> 00:30:55.640
 This stream segment traverses and bisects this property.

00:30:55.640 --> 00:31:04.360
 The property to the south was constructed and received their approvals prior to the

00:31:04.360 --> 00:31:09.360
 Denton Development Code 2002 version.

00:31:09.360 --> 00:31:17.080
 So they were not subject to the ESA regulations as the ESA's regulations were adopted in 2002

00:31:17.080 --> 00:31:20.200
 with that big update at that time.

00:31:20.200 --> 00:31:27.080
 So that development to the south, that residential neighborhood, was not subject to the protection

00:31:27.080 --> 00:31:29.280
 of environmentally sensitive areas.

00:31:29.280 --> 00:31:37.360
 So they do have area, a lot, an HOA lot that they set aside and is considered their green

00:31:37.360 --> 00:31:42.840
 belt or their green space in that HOA lot.

00:31:42.840 --> 00:31:54.480
 And this project will be making a connection between their development, the current development

00:31:54.480 --> 00:31:59.200
 that's to the south and the one that is being proposed.

00:31:59.200 --> 00:32:02.080
 So they'll be making a connection into their green belt?

00:32:02.080 --> 00:32:11.600
 Well, what their vision is is to have one kind of open space that would look contiguous

00:32:11.600 --> 00:32:13.320
 throughout between the two neighborhoods.

00:32:13.320 --> 00:32:15.360
 And how are they doing that?

00:32:15.360 --> 00:32:20.440
 So first of all, this is going to remain an open space.

00:32:20.440 --> 00:32:26.840
 My understanding, there won't be a fencing place between the two developments.

00:32:26.840 --> 00:32:32.000
 There's going to be that trail that's part of that master plan trail that they intend

00:32:32.000 --> 00:32:34.240
 to dedicate to the city.

00:32:34.240 --> 00:32:39.400
 My understanding is that they intend to also construct that portion of that trail through

00:32:39.400 --> 00:32:41.420
 the neighborhood to the south.

00:32:41.420 --> 00:32:45.160
 So there would be a contiguousness between the two neighborhoods.

00:32:45.160 --> 00:32:46.160
 Gotcha.

00:32:46.160 --> 00:32:47.160
 Okay.

00:32:47.160 --> 00:32:48.160
 That's a good thing.

00:32:48.160 --> 00:32:49.160
 Great.

00:32:49.160 --> 00:32:50.160
 Thank you.

00:32:50.160 --> 00:32:52.840
 Commissioner Villarreal.

00:32:52.840 --> 00:33:00.160
 So with the development coming in for the unaffected ESA portion, it wouldn't be negatively affected

00:33:00.160 --> 00:33:04.760
 in terms of storm water runoff or drainage?

00:33:04.760 --> 00:33:09.800
 So the final plan is to improve what's there today.

00:33:09.800 --> 00:33:15.280
 What's there today is a stand of trees and has an understory of some native vegetation.

00:33:15.280 --> 00:33:23.520
 Unfortunately, at this time, the understory is being taken over by this privet plant.

00:33:23.520 --> 00:33:27.040
 This privet is really invasive.

00:33:27.040 --> 00:33:29.040
 It takes over very quickly.

00:33:29.040 --> 00:33:30.720
 It crowds out everything else.

00:33:30.720 --> 00:33:38.480
 And so none of the native vegetation has an opportunity to compete with that.

00:33:38.480 --> 00:33:45.240
 And so the plan is to remove all that privet that's there today and to reestablish native

00:33:45.240 --> 00:33:47.040
 vegetation.

00:33:47.040 --> 00:33:53.680
 And then I also had them include a maintenance plan so that if in the future, if there's

00:33:53.680 --> 00:34:02.120
 problems with the invasive plant reoccurring, that they would continue to try to tackle

00:34:02.120 --> 00:34:03.120
 that.

00:34:03.120 --> 00:34:04.120
 Got it.

00:34:04.120 --> 00:34:05.120
 Thank you.

00:34:05.120 --> 00:34:06.120
 Commissioner Pruitt.

00:34:06.120 --> 00:34:11.380
 Thank you, Chair.

00:34:11.380 --> 00:34:21.920
 So I wasn't able to fully understand exactly what catchment area this is draining into

00:34:21.920 --> 00:34:23.680
 this period.

00:34:23.680 --> 00:34:29.860
 But it looks like basically there will be under the roadbed, there would be buried pipe

00:34:29.860 --> 00:34:39.480
 that's carrying water flow from the north down into the increased region of the riparian

00:34:39.480 --> 00:34:40.480
 isa.

00:34:40.480 --> 00:34:41.480
 Is that correct?

00:34:41.480 --> 00:34:42.480
 Correct.

00:34:42.480 --> 00:34:43.480
 Okay.

00:34:43.480 --> 00:34:44.480
 And the...

00:34:44.480 --> 00:34:45.480
 Yes.

00:34:45.480 --> 00:34:46.480
 Right now...

00:34:46.480 --> 00:34:51.720
 Really, I just want to understand the triangle shown, usually those are for, you know, slowing

00:34:51.720 --> 00:34:53.080
 down effluent.

00:34:53.080 --> 00:34:54.600
 It looks fairly small.

00:34:54.600 --> 00:34:55.600
 Triangle.

00:34:55.600 --> 00:35:02.200
 Sorry, on the...

00:35:02.200 --> 00:35:06.200
 It's hashed in sort of the pinkish color on the full report.

00:35:06.200 --> 00:35:10.740
 It's basically at the base of right after the pipe, right?

00:35:10.740 --> 00:35:11.740
 Right there.

00:35:11.740 --> 00:35:12.740
 Right here?

00:35:12.740 --> 00:35:13.740
 Yeah.

00:35:13.740 --> 00:35:14.740
 Oh.

00:35:14.740 --> 00:35:18.480
 Is that the area that's intended to slow down the water or can you just explain that a little

00:35:18.480 --> 00:35:19.480
 bit more?

00:35:19.480 --> 00:35:20.480
 Sure, sure.

00:35:20.480 --> 00:35:26.160
 There will be a portion of this stream is already underground to the north of Hickory

00:35:26.160 --> 00:35:27.160
 Creek.

00:35:27.160 --> 00:35:28.160
 Okay.

00:35:28.160 --> 00:35:34.080
 They will be placing the rest of it in a pipe that will be coming out at this point.

00:35:34.080 --> 00:35:40.960
 This point right here, it will be the major receiving point or the outfall of the flow

00:35:40.960 --> 00:35:46.080
 from under Hickory Creek Road and under the new residential road.

00:35:46.080 --> 00:35:49.080
 And what you're seeing there, that little hash mark is riprap.

00:35:49.080 --> 00:35:50.080
 Okay.

00:35:50.080 --> 00:35:59.240
 So, riprap is a design element to help slow down water as it's coming through the pipe.

00:35:59.240 --> 00:36:02.360
 There will be additional riprap at the outfalls.

00:36:02.360 --> 00:36:09.320
 And so, the major other outfall that will be encroaching into the ESA area is just to

00:36:09.320 --> 00:36:10.320
 the south.

00:36:10.320 --> 00:36:16.600
 And then there's another one over on the southwest corner of the ESAs.

00:36:16.600 --> 00:36:21.200
 And then another one that will be coming into the open space but is not encroaching into

00:36:21.200 --> 00:36:24.680
 environmentally sensitive areas because they were pulled it back just a little bit.

00:36:24.680 --> 00:36:25.680
 Got it.

00:36:25.680 --> 00:36:26.680
 Okay.

00:36:26.680 --> 00:36:27.680
 Thank you.

00:36:27.680 --> 00:36:33.480
 Anything else for Christy at this time?

00:36:33.480 --> 00:36:34.480
 Thank you.

00:36:34.480 --> 00:36:35.480
 Okay.

00:36:35.480 --> 00:36:36.480
 Okay.

00:36:36.480 --> 00:36:42.680
 Our next public hearing is 5B DCA 230009.

00:36:42.680 --> 00:36:47.480
 We'll let Haley give us a quick summary on that.

00:36:47.480 --> 00:36:48.480
 Hi, Haley.

00:36:48.480 --> 00:36:49.480
 Good evening.

00:36:49.480 --> 00:36:52.600
 Haley Zygursky, Assistant Planning Director.

00:36:52.600 --> 00:36:56.440
 I will just go through a quick summary and then have a very brief presentation that we

00:36:56.440 --> 00:36:59.280
 can go through at the regular meeting.

00:36:59.280 --> 00:37:04.520
 So the request before you this evening is to update section 2.6.3 of the Denton Development

00:37:04.520 --> 00:37:07.600
 Code, which is our preliminary plat regulations.

00:37:07.600 --> 00:37:11.100
 The change to the section of the code is to make preliminary plats optional for properties

00:37:11.100 --> 00:37:15.240
 developing within the city limits rather than a strict requirement.

00:37:15.240 --> 00:37:19.120
 The reasoning for this, if you recall our last work session, we talked about House Bill

00:37:19.120 --> 00:37:24.680
 3699 that updated the shot clock legislation.

00:37:24.680 --> 00:37:29.200
 As part of that update, they took away a city's ability to require any form of a study as

00:37:29.200 --> 00:37:30.840
 part of a plat application.

00:37:30.840 --> 00:37:34.360
 So if you'd looked at our preliminary plat checklist in the past, you'd see it was a

00:37:34.360 --> 00:37:39.200
 lot of supplementary information that went along with it, like utility studies, drainage

00:37:39.200 --> 00:37:40.200
 studies.

00:37:40.200 --> 00:37:43.780
 So all of those pieces we have relocated to other points of the process.

00:37:43.780 --> 00:37:45.400
 So there's no loss of information.

00:37:45.400 --> 00:37:49.720
 They've just been shifted to different points in our review process.

00:37:49.720 --> 00:37:54.040
 So with that, the preliminary plat would have become essentially a redundant step in the

00:37:54.040 --> 00:37:55.040
 development process.

00:37:55.040 --> 00:37:59.280
 So rather than having every application go through that, we're requiring all of those

00:37:59.280 --> 00:38:02.780
 materials on the front end with their zoning compliance plan and saying preliminary plats

00:38:02.780 --> 00:38:05.200
 could be optional moving forward.

00:38:05.200 --> 00:38:08.120
 They would still have to go through the final plat process before they could get building

00:38:08.120 --> 00:38:11.600
 permits to develop, so we're just streamlining a little bit by taking out some redundancy

00:38:11.600 --> 00:38:16.600
 that would be created by shifting those studies to the zoning compliance plan.

00:38:16.600 --> 00:38:18.400
 So happy to answer any questions.

00:38:18.400 --> 00:38:21.280
 Otherwise, I can go into more detail at our regular meeting.

00:38:21.280 --> 00:38:23.440
 Commissioner Perot.

00:38:23.440 --> 00:38:27.400
 Yeah, just in looking through the backup, I couldn't find it.

00:38:27.400 --> 00:38:36.780
 So in the public hearing, if you could educate me as far as how we plan on handling determination

00:38:36.780 --> 00:38:42.840
 of alignment of collector streets in a subdivision if somebody just comes in with a big plat

00:38:42.840 --> 00:38:43.840
 all at once.

00:38:43.840 --> 00:38:44.840
 Does that make sense?

00:38:44.840 --> 00:38:45.840
 Sure.

00:38:45.840 --> 00:38:46.840
 So everything...

00:38:46.840 --> 00:38:51.600
 Typically, if there's a preliminary plat, those roadway alignments are shown and there's

00:38:51.600 --> 00:38:53.200
 time to get that worked out.

00:38:53.200 --> 00:38:54.200
 Sure.

00:38:54.200 --> 00:38:57.040
 So all of that same information that you see now with the preliminary plat is shifting to

00:38:57.040 --> 00:38:59.040
 our zoning compliance plan.

00:38:59.040 --> 00:39:02.520
 So every bit of that same review will occur a step earlier in the process.

00:39:02.520 --> 00:39:03.520
 Got it.

00:39:03.520 --> 00:39:04.520
 Thank you.

00:39:04.520 --> 00:39:10.840
 Haley, do you think this is going to add time to the whole process?

00:39:10.840 --> 00:39:14.560
 For some developments, it will remove a step.

00:39:14.560 --> 00:39:17.160
 So actually, let me see if I've got...

00:39:17.160 --> 00:39:20.480
 I put together a slide just in case there was process questions.

00:39:20.480 --> 00:39:28.040
 So as it stands today, the multifamily and non-residential developments do have two steps.

00:39:28.040 --> 00:39:30.680
 They do a zoning compliance plan and then a preliminary plat.

00:39:30.680 --> 00:39:32.080
 This would remove that step for them.

00:39:32.080 --> 00:39:35.420
 For residential, it just shifts all the stuff that we get with the preliminary plat now

00:39:35.420 --> 00:39:37.160
 into a different application type.

00:39:37.160 --> 00:39:43.440
 So for some developments, it reduces review time because there's one less step.

00:39:43.440 --> 00:39:44.800
 But overall, probably not a significant change.

00:39:44.800 --> 00:39:48.840
 It just seems like the staff is getting, I guess, more information possibly all at once.

00:39:48.840 --> 00:39:53.600
 So I was just wondering if that's where it was going to lag maybe.

00:39:53.600 --> 00:39:55.300
 We see all the same information either way.

00:39:55.300 --> 00:39:58.600
 So for us, it's just a different time at which we touch it.

00:39:58.600 --> 00:39:59.600
 Gotcha.

00:39:59.600 --> 00:40:00.600
 Thanks, Haley.

00:40:00.600 --> 00:40:13.280
 Okay, 5C DCA 230010, I think Angie's got the presentation on this one.

00:40:13.280 --> 00:40:16.000
 Hi, everyone.

00:40:16.000 --> 00:40:18.520
 Good evening.

00:40:18.520 --> 00:40:20.560
 Angie Manglars, senior planner.

00:40:20.560 --> 00:40:24.520
 I will pull up my quick presentation.

00:40:24.520 --> 00:40:29.160
 Okay, this is DCA 230010.

00:40:29.160 --> 00:40:33.400
 It is DDC amendments related to agricultural and animal uses.

00:40:33.400 --> 00:40:37.760
 I have a quick summary slide that I'll give to you all tonight as well as a little backup

00:40:37.760 --> 00:40:39.720
 for our public hearing this evening.

00:40:39.720 --> 00:40:48.400
 But this is recommended changes to tables 5.2-A, section 535 of the DDC, section 5.4.4

00:40:48.400 --> 00:40:54.760
 of the DDC, and section 9.2 of the DDC, all related to the regulation of agricultural

00:40:54.760 --> 00:40:56.660
 and animal businesses.

00:40:56.660 --> 00:41:01.120
 These are coming out of the state legislation, which we kind of gave you a brief recap of

00:41:01.120 --> 00:41:03.480
 at our last meeting when we had our workshop.

00:41:03.480 --> 00:41:12.860
 But House Bills 1750, 2308, and 2947 all spoke to the regulation, the city's ability to regulate

00:41:12.860 --> 00:41:15.000
 agricultural uses within the city limits.

00:41:15.000 --> 00:41:19.120
 Now, I do want to note at that time, we also talked about the animal uses and that some

00:41:19.120 --> 00:41:21.760
 of those amendments may be occurring as well.

00:41:21.760 --> 00:41:26.640
 However, House Bill 2127 is currently being litigated and is not yet in effect, so we're

00:41:26.640 --> 00:41:29.060
 going to put a pause on those animal uses.

00:41:29.060 --> 00:41:33.480
 But for tonight's purposes, we are going to focus on the agricultural uses.

00:41:33.480 --> 00:41:37.400
 Should we need to, we can come back and address the animal uses at a later date.

00:41:37.400 --> 00:41:43.100
 So House Bill 1750 prohibits a city from imposing any governmental requirement that applies to

00:41:43.100 --> 00:41:45.240
 agricultural operations.

00:41:45.240 --> 00:41:49.940
 Governmental requirements includes regulations, zonings, permitting, licenses, and prohibitions

00:41:49.940 --> 00:41:56.120
 on generally acceptable practices, which could include the use of pesticides, limitation

00:41:56.120 --> 00:41:58.520
 of number of livestock you could have, et cetera.

00:41:58.520 --> 00:42:01.760
 It does include some exceptions, so it's not quite a free-for-all.

00:42:01.760 --> 00:42:05.640
 It does allow cities to establish regulations that protect adjacent property owners from

00:42:05.640 --> 00:42:08.080
 imminent danger.

00:42:08.080 --> 00:42:13.120
 Cities can also base regulations on the finding of a report that is commissioned to protect

00:42:13.120 --> 00:42:14.120
 public health.

00:42:14.120 --> 00:42:19.320
 And then also forthcoming, we haven't seen it yet, but is the Texas A&M AgriLife Extension

00:42:19.320 --> 00:42:26.080
 Manual, which will give guiding principles as to the best agricultural practices.

00:42:26.080 --> 00:42:32.800
 That is the manual in which cities can establish regulations from, so it could be how many

00:42:32.800 --> 00:42:36.440
 acres you need to have to maintain a certain amount of livestock, but that is the manual

00:42:36.440 --> 00:42:44.160
 which House Bill 1750 specifies regulations regarding agriculture can come from.

00:42:44.160 --> 00:42:49.220
 House Bills 2308 and 2947 were more narrow in their scope, but they do both modify the

00:42:49.220 --> 00:42:52.720
 definitions of agricultural operations.

00:42:52.720 --> 00:42:57.680
 They were expanded to include the commercial sale of animals, production of livestock and

00:42:57.680 --> 00:43:04.400
 vegetation for livestock forage, as well as veterinary services that are related to the

00:43:04.400 --> 00:43:07.760
 keeping of livestock and poultry on site.

00:43:07.760 --> 00:43:11.720
 So staff has gone through and made a number of suggested amendments that includes allowing

00:43:11.720 --> 00:43:17.720
 agriculture uses to be permitted in all zoning districts in accordance with House Bill 1750

00:43:17.720 --> 00:43:22.440
 in the forthcoming Texas AgriLife Extension Manual, and then also some modifications to

00:43:22.440 --> 00:43:30.180
 our definitions for both agricultural general and animal uses to accommodate the new definitions

00:43:30.180 --> 00:43:34.600
 that came out in the state bills to make sure we're in line with what they're calling out

00:43:34.600 --> 00:43:36.800
 and what we have in our code.

00:43:36.800 --> 00:43:40.880
 With that, I can go into any more detail, or I'm happy to answer any questions.

00:43:40.880 --> 00:43:46.500
 Angie, do you know when the AgriLife Manual is going to be published?

00:43:46.500 --> 00:43:47.800
 I do not.

00:43:47.800 --> 00:43:53.200
 I have checked a few times on the Texas A&M's AgriLife Extension Manual.

00:43:53.200 --> 00:43:58.480
 We have reached out to the, I believe it's their Denton County office.

00:43:58.480 --> 00:44:00.240
 I don't have a date for that.

00:44:00.240 --> 00:44:03.880
 Yeah, I look pretty regularly at this point because I'm interested to know.

00:44:03.880 --> 00:44:08.880
 Well, yeah, because it seems odd we're going to alter our code and mention this manual,

00:44:08.880 --> 00:44:11.160
 which isn't printed yet.

00:44:11.160 --> 00:44:15.200
 So I'm just trying to make sure that we're not making a change too far ahead of time.

00:44:15.200 --> 00:44:20.800
 The House bill does specifically call out that this manual is to be published and is

00:44:20.800 --> 00:44:21.800
 forthcoming.

00:44:21.800 --> 00:44:26.480
 So to the best of our knowledge with these going into effect on September 1st, I do expect

00:44:26.480 --> 00:44:28.640
 that manual to be published soon.

00:44:28.640 --> 00:44:29.920
 Shortly thereafter?

00:44:29.920 --> 00:44:30.920
 Just don't know when yet.

00:44:30.920 --> 00:44:33.400
 They just don't give a specific date in the legislation?

00:44:33.400 --> 00:44:34.880
 There is not one yet, no.

00:44:34.880 --> 00:44:39.480
 Well, and to add to that if I could, and Angie, correct me if I'm wrong on this, but hence

00:44:39.480 --> 00:44:44.960
 why we've included language in the proposed ordinance to also cite back to the amendments

00:44:44.960 --> 00:44:50.440
 that are made in the text of the agriculture code, particularly those items related to

00:44:50.440 --> 00:44:57.080
 the imminent danger, basically, Angie's dubbed it the list of dangerous things, right?

00:44:57.080 --> 00:45:01.680
 So there's, I think, 11 items on that list, so at least to be able to circle back to that.

00:45:01.680 --> 00:45:07.000
 So there are provisions within the state statute that offer some protection, and then once

00:45:07.000 --> 00:45:13.080
 this AgriLife report gets published, then we'll know better best practices, and we will

00:45:13.080 --> 00:45:16.240
 go back and look to see if there's anything that we need to make modifications to on our

00:45:16.240 --> 00:45:17.240
 debt and development code.

00:45:17.240 --> 00:45:20.680
 So that reference would be the safety net until you're sure that this is published?

00:45:20.680 --> 00:45:26.360
 Yeah, we tried to make sure we included that to help property owners as well as ourselves

00:45:26.360 --> 00:45:28.520
 be able to go back and look at that safety net.

00:45:28.520 --> 00:45:29.520
 Gotcha.

00:45:29.520 --> 00:45:30.520
 Thanks.

00:45:30.520 --> 00:45:31.520
 Anything for Angie on this?

00:45:31.520 --> 00:45:32.520
 Commissioner Cole?

00:45:32.520 --> 00:45:33.520
 Thank you, Chair.

00:45:33.520 --> 00:45:42.160
 So what you're saying is that the Ag extension manual is going to dictate how y'all do this

00:45:42.160 --> 00:45:47.120
 or if that's where you're going to get your ideas to put further rules on this is from

00:45:47.120 --> 00:45:48.120
 the Ag manual?

00:45:48.120 --> 00:45:49.120
 Correct.

00:45:49.120 --> 00:45:52.000
 Which comes from the legislation.

00:45:52.000 --> 00:45:59.480
 Yeah, I would say it is my understanding in reading these bills a couple times and trying

00:45:59.480 --> 00:46:05.080
 to grasp where we were going with this is that if a city wants to impose a regulation,

00:46:05.080 --> 00:46:10.280
 apart from it being on the list of dangerous things or the city commissioning its own independent

00:46:10.280 --> 00:46:14.640
 contractor to commission a report to determine the public health impacts.

00:46:14.640 --> 00:46:18.160
 So apart from those two things, if you're wanting to establish a regulation, we'll say

00:46:18.160 --> 00:46:23.720
 surrounding chickens because that's a hot topic, it would have to come from that manual.

00:46:23.720 --> 00:46:28.000
 The guiding and leading experts is what the intent is, I think, of these bills.

00:46:28.000 --> 00:46:29.000
 Thanks.

00:46:29.000 --> 00:46:30.000
 Right.

00:46:30.000 --> 00:46:31.000
 So I would say to expand on her example.

00:46:31.000 --> 00:46:35.480
 So if that report said that if you were wanting to have five chickens on your property, then

00:46:35.480 --> 00:46:40.820
 you ideally need two acres, then we could include in our ordinance that in order to

00:46:40.820 --> 00:46:44.760
 have five chickens on your property, you would need to have a minimum of two acres, right?

00:46:44.760 --> 00:46:50.040
 So we would look to that report because presumably it's giving us the best practices, right?

00:46:50.040 --> 00:46:55.480
 If we're going to have agricultural operations happening on someone's property, then it would

00:46:55.480 --> 00:46:56.480
 give us that guidance.

00:46:56.480 --> 00:46:59.840
 You know, just for, you know, if it were to say if you wanted to raise winter wheat on

00:46:59.840 --> 00:47:04.920
 your property and recommended you have at least 10 acres, then if we were to adopt regulations

00:47:04.920 --> 00:47:12.080
 related to crops being farmed and wanted to establish a minimum 10 acre lot size, we could

00:47:12.080 --> 00:47:13.760
 because that would be consistent with that.

00:47:13.760 --> 00:47:17.720
 So it's a little unknown as to what's going to be put in the report.

00:47:17.720 --> 00:47:21.200
 The way I see it is the state legislature obviously puts a lot of faith and effort into

00:47:21.200 --> 00:47:24.360
 the AgriLife Extension Office in providing that guidance.

00:47:24.360 --> 00:47:29.040
 So we've tried to put some stopgap measures in our ordinance, at least referring back

00:47:29.040 --> 00:47:33.480
 to the list of dangerous things that's provided for in the code to make sure we at least have

00:47:33.480 --> 00:47:36.280
 those protections in place.

00:47:36.280 --> 00:47:37.280
 Okay.

00:47:37.280 --> 00:47:39.080
 Thank you, Angie.

00:47:39.080 --> 00:47:40.080
 Thank you guys.

00:47:40.080 --> 00:47:41.080
 Thank you, Tina.

00:47:41.080 --> 00:47:42.080
 Okay.

00:47:42.080 --> 00:47:46.760
 With that, I'll adjourn our work session at 619 and we will reconvene as close to 630

00:47:46.760 --> 00:47:52.320
 in council chambers as we can.

00:47:52.320 --> 00:47:56.680
 Thanks.

00:47:56.680 --> 00:47:59.560
 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for

00:47:59.560 --> 00:48:03.560
 Wednesday, September 13th, 2023.

00:48:03.560 --> 00:48:07.760
 With the quorum present, I will call us to order at 646 p.m.

00:48:07.760 --> 00:48:09.600
 Thank you for your patience.

00:48:09.600 --> 00:48:12.200
 We are having a late start time.

00:48:12.200 --> 00:48:17.200
 First item on our agenda this evening is Pledge of Allegiance to the U.S. and Texas Flag.

00:48:17.200 --> 00:48:25.080
 I pledge allegiance to the flag of the United States of America and to the republic for

00:48:25.080 --> 00:48:32.280
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

00:48:32.280 --> 00:48:45.880
 On this Texas flag, I pledge allegiance to the Texas one state, under God, one and indivisible.

00:48:45.880 --> 00:48:48.880
 Thank you.

00:48:48.880 --> 00:48:54.040
 First item on our agenda for consideration is approval of the minutes for August 23rd

00:48:54.040 --> 00:48:56.080
 P&Z meeting.

00:48:56.080 --> 00:48:57.080
 Commissioner Villarreal.

00:48:57.080 --> 00:48:58.700
 So moved.

00:48:58.700 --> 00:48:59.700
 Commissioner Cole.

00:48:59.700 --> 00:49:00.700
 Second.

00:49:00.700 --> 00:49:01.700
 Okay.

00:49:01.700 --> 00:49:02.700
 We've got a first and a second for approval discussion.

00:49:02.700 --> 00:49:03.700
 Okay.

00:49:03.700 --> 00:49:11.960
 Let's vote on the board, please.

00:49:11.960 --> 00:49:15.080
 That motion carries 7-0.

00:49:15.080 --> 00:49:20.960
 That will take us to our consent agenda items and I do have a card from a citizen to speak

00:49:20.960 --> 00:49:25.280
 on item 3E.

00:49:25.280 --> 00:49:33.040
 So I will be looking for a motion please to remove that from consent if that is so considered

00:49:33.040 --> 00:49:34.040
 by the commission.

00:49:34.040 --> 00:49:35.040
 Commissioner Villarreal.

00:49:35.040 --> 00:49:42.800
 I move to remove item 3E from consent and move to items for individual consideration.

00:49:42.800 --> 00:49:46.840
 And anything with regard to the rest of consent?

00:49:46.840 --> 00:49:51.000
 And then I move to pass consent as written.

00:49:51.000 --> 00:49:58.040
 So you're going to approve the consent agenda by removing item 3E?

00:49:58.040 --> 00:49:59.040
 That's right.

00:49:59.040 --> 00:50:00.040
 That's exactly right, yes.

00:50:00.040 --> 00:50:01.040
 Okay.

00:50:01.040 --> 00:50:02.040
 Clarifying that.

00:50:02.040 --> 00:50:03.040
 Thank you.

00:50:03.040 --> 00:50:04.040
 Commissioner Smith.

00:50:04.040 --> 00:50:05.040
 Second.

00:50:05.040 --> 00:50:06.040
 Okay.

00:50:06.040 --> 00:50:10.840
 We've got a first and a second to approve the consent agenda removing item 3E and placing

00:50:10.840 --> 00:50:14.280
 that on individual consideration this evening.

00:50:14.280 --> 00:50:15.280
 Commissioner Pruitt.

00:50:15.280 --> 00:50:24.940
 Just for clarity given that sometimes we have comments that refer to more than one item,

00:50:24.940 --> 00:50:29.480
 would you be okay with removing 3D and 3E?

00:50:29.480 --> 00:50:32.320
 I accept that as a friendly amendment, yes.

00:50:32.320 --> 00:50:33.320
 Commissioner Smith.

00:50:33.320 --> 00:50:34.320
 Second.

00:50:34.320 --> 00:50:35.320
 Okay.

00:50:35.320 --> 00:50:41.960
 Amended motion would be approve consent agenda removing items 3D and E and placing those on

00:50:41.960 --> 00:50:46.520
 individual consideration.

00:50:46.520 --> 00:50:56.600
 Seeing no questions, let's vote on the board, please.

00:50:56.600 --> 00:50:58.880
 That item carries 7-0.

00:50:58.880 --> 00:51:05.920
 That will take us then to item formally 3D, FP230020B.

00:51:05.920 --> 00:51:13.620
 Julie, I will have you come up here.

00:51:13.620 --> 00:51:14.620
 Thank you.

00:51:14.620 --> 00:51:15.620
 Good evening.

00:51:15.620 --> 00:51:18.180
 Let me get to that.

00:51:18.180 --> 00:51:19.400
 All right.

00:51:19.400 --> 00:51:25.040
 So first we have FP230020B.

00:51:25.040 --> 00:51:31.180
 This is phase 1A of the Kingsway subdivision.

00:51:31.180 --> 00:51:32.580
 It is a final plat.

00:51:32.580 --> 00:51:36.200
 It's consistent with the preliminary plat that was approved.

00:51:36.200 --> 00:51:41.880
 It meets all of the technical requirements for a final plat and therefore staff recommends

00:51:41.880 --> 00:51:42.880
 approval.

00:51:42.880 --> 00:51:46.880
 I'll be happy to answer any questions.

00:51:46.880 --> 00:51:48.480
 I don't see any questions here.

00:51:48.480 --> 00:51:52.700
 Would you like to just roll into the next one as well since they are related and then

00:51:52.700 --> 00:51:55.360
 I can have Mr. Ferring come up.

00:51:55.360 --> 00:51:56.440
 Absolutely.

00:51:56.440 --> 00:52:01.020
 So this is FP230021B.

00:52:01.020 --> 00:52:04.640
 This is phase 1B of the Kingsway subdivision.

00:52:04.640 --> 00:52:12.680
 It is consistent with that preliminary plat and it meets the technical requirements of

00:52:12.680 --> 00:52:14.680
 a final plat.

00:52:14.680 --> 00:52:19.200
 I should mention both of these are single family residential developments and it is

00:52:19.200 --> 00:52:20.960
 consistent with the zoning as well.

00:52:20.960 --> 00:52:23.440
 I'll be happy to answer any questions.

00:52:23.440 --> 00:52:25.640
 Thank you, Julie.

00:52:25.640 --> 00:52:27.240
 I don't see any at this time.

00:52:27.240 --> 00:52:28.240
 Thank you.

00:52:28.240 --> 00:52:35.560
 Mr. Ferring, I'm going to have you come up and speak on these items before we take any

00:52:35.560 --> 00:52:36.560
 action.

00:52:36.560 --> 00:52:37.560
 Good evening.

00:52:37.560 --> 00:52:38.560
 Hello.

00:52:38.560 --> 00:52:39.560
 Thank you.

00:52:39.560 --> 00:52:40.560
 I'm Reed Ferring.

00:52:40.560 --> 00:52:46.800
 I live at 4572 Coyote Point, just northeast of this plan development.

00:52:46.800 --> 00:52:51.480
 I've been here before to speak with you all.

00:52:51.480 --> 00:52:59.440
 I think the last time I came I suggested that I was very frustrated that there is not on

00:52:59.440 --> 00:53:05.880
 the table in my mind a really comprehensive long-term plan for how Northeast Denton is

00:53:05.880 --> 00:53:08.700
 going to be developed.

00:53:08.700 --> 00:53:14.040
 In addition to this development where we have a pending proposal for 1,900 apartments on

00:53:14.040 --> 00:53:22.280
 the Carter property, we have widening of Loop 288, we have a shunt from 380 to 288.

00:53:22.280 --> 00:53:27.640
 All of those activities are going to converge right here at the intersection of Kings Row

00:53:27.640 --> 00:53:30.080
 and Loop 288.

00:53:30.080 --> 00:53:34.780
 One of the proposals I read would indicate that when this is all done, it would not be

00:53:34.780 --> 00:53:41.080
 possible to turn left and go south on the Loop from Kings Row.

00:53:41.080 --> 00:53:42.080
 That would be a nightmare.

00:53:42.080 --> 00:53:48.200
 The other day I had an early appointment and the traffic was backed up from the Loop all

00:53:48.200 --> 00:53:51.320
 the way to Silverdome Road.

00:53:51.320 --> 00:53:54.400
 I had to make a U-turn and find another way out.

00:53:54.400 --> 00:54:00.840
 I couldn't wait for six light changes to get through that intersection.

00:54:00.840 --> 00:54:08.240
 This development in particular has one exit for all of these homes that has to feed onto

00:54:08.240 --> 00:54:15.320
 Kings Row, in the same place where Hodge Elementary people and the many residents of that part

00:54:15.320 --> 00:54:19.920
 of Denton have to travel heavily twice a day.

00:54:19.920 --> 00:54:26.880
 So on a kind of idealistic note, I've been a resident of Denton for 45 years.

00:54:26.880 --> 00:54:28.000
 I love this city.

00:54:28.000 --> 00:54:36.240
 I care about its growth, but I worry that the intense, dense development along the Loop

00:54:36.240 --> 00:54:42.880
 and in northeast Denton is going to compromise the quality of life that my family and I and

00:54:42.880 --> 00:54:47.160
 all of our friends, and you, have enjoyed here for decades.

00:54:47.160 --> 00:54:53.640
 So my request tonight is not to kill this proposal or anything else, but I would urge

00:54:53.640 --> 00:54:59.360
 each of you to ask yourself, would you buy a home in this development?

00:54:59.360 --> 00:55:03.040
 What would this mean for your lifestyle?

00:55:03.040 --> 00:55:09.280
 And isn't it time that we back off and look at what can be done and not take developers'

00:55:09.280 --> 00:55:15.840
 proposals one at a time and wait to see how it all turns out at the end?

00:55:15.840 --> 00:55:24.440
 So in that respect, I guess I am asking you to postpone decision on this project and consider

00:55:24.440 --> 00:55:30.180
 comprehensively the impact of this kind of development on our part of Denton.

00:55:30.180 --> 00:55:32.600
 I appreciate the hard work you all do.

00:55:32.600 --> 00:55:38.000
 I can't imagine that this is a very challenging time with the rapid growth in this city that

00:55:38.000 --> 00:55:44.160
 you all have lots of decisions to make, and you hear from lots of people, but I appreciate

00:55:44.160 --> 00:55:45.840
 your listening to me.

00:55:45.840 --> 00:55:46.840
 Thank you.

00:55:46.840 --> 00:55:47.840
 Thank you, Mr. Frayron.

00:55:47.840 --> 00:55:52.120
 Dr. Frayron, appreciate it.

00:55:52.120 --> 00:56:00.000
 Julie, I do have a question that I did not ask in work session.

00:56:00.000 --> 00:56:10.280
 Seeing that we have just this one access point, I guess in both of these plots, what was the

00:56:10.280 --> 00:56:12.160
 FHIR's take on this?

00:56:12.160 --> 00:56:14.880
 Surely, you consulted them.

00:56:14.880 --> 00:56:15.880
 Yes.

00:56:15.880 --> 00:56:23.200
 FHIR reviewed it, and it's consistent with their regulations, and so they did not have

00:56:23.200 --> 00:56:29.280
 any objection to this project.

00:56:29.280 --> 00:56:30.280
 Thank you, Julie.

00:56:30.280 --> 00:56:31.280
 I appreciate it.

00:56:31.280 --> 00:56:32.280
 Commissioner Smith?

00:56:32.280 --> 00:56:36.360
 Make a motion to approve.

00:56:36.360 --> 00:56:39.080
 We've got to take these one at a time.

00:56:39.080 --> 00:56:43.960
 They are separate on our agenda, so we are on FP230020.

00:56:43.960 --> 00:56:49.000
 We have to approve them one by one.

00:56:49.000 --> 00:56:50.000
 Correct.

00:56:50.000 --> 00:56:51.200
 So make a motion to approve item D.

00:56:51.200 --> 00:56:52.200
 Very good.

00:56:52.200 --> 00:56:53.200
 Thank you.

00:56:53.200 --> 00:56:54.200
 You're welcome.

00:56:54.200 --> 00:56:55.200
 I appreciate it.

00:56:55.200 --> 00:57:03.560
 We have a first on the floor for approval.

00:57:03.560 --> 00:57:04.560
 Commissioner Cole?

00:57:04.560 --> 00:57:05.560
 Second.

00:57:05.560 --> 00:57:06.560
 Okay.

00:57:06.560 --> 00:57:13.000
 We've got a first and a second for approval of this final plot.

00:57:13.000 --> 00:57:15.280
 I guess I just want more clarity.

00:57:15.280 --> 00:57:17.440
 Commissioner Pruitt, I'll let you have the floor.

00:57:17.440 --> 00:57:19.240
 Thank you, Chair.

00:57:19.240 --> 00:57:26.740
 I have a lot harder time with this one than the other one because the other one is a fairly

00:57:26.740 --> 00:57:35.560
 standard subdivision plot, nothing strange about it other than the fact that it is vested

00:57:35.560 --> 00:57:39.780
 before we had the two points of access requirement.

00:57:39.780 --> 00:57:49.120
 With this one, I don't see any other intersection away from an access road any closer than about

00:57:49.120 --> 00:57:55.600
 400 feet in the rest of the city, and those were done decades ago when the freeway may

00:57:55.600 --> 00:57:59.880
 have been in different places or not there yet when it was built.

00:57:59.880 --> 00:58:03.200
 So I understand the concern.

00:58:03.200 --> 00:58:11.680
 I understand staff's reasoning for conservancy here, but I'm not going to be able to support

00:58:11.680 --> 00:58:20.720
 this, and I'll just state that it's based on the reason for approval of 11A with the

00:58:20.720 --> 00:58:24.320
 transportation concerns.

00:58:24.320 --> 00:58:25.320
 Commissioner Villarreal?

00:58:25.320 --> 00:58:26.320
 Yes.

00:58:26.320 --> 00:58:31.560
 I appreciate staff's comments and the backup material.

00:58:31.560 --> 00:58:40.360
 However, I don't believe this item conforms to DDC section 2.4.5.E in regards to minimizing

00:58:40.360 --> 00:58:45.440
 adverse impacts to both surrounding property and adverse fiscal impacts, and I agree with

00:58:45.440 --> 00:58:51.840
 Commissioner Pruitt that there are some road concerns as well, so I'll be voting no.

00:58:51.840 --> 00:58:53.240
 Commissioner McDade?

00:58:53.240 --> 00:58:54.240
 Thank you, Chair.

00:58:54.240 --> 00:58:59.200
 Yeah, I just want to say that I also agree with Commissioner Villarreal and Commissioner

00:58:59.200 --> 00:59:03.760
 Pruitt on this subject.

00:59:03.760 --> 00:59:08.760
 I still have an issue with the traffic, and I know they've done the traffic studies, but

00:59:08.760 --> 00:59:15.400
 for some reason, I just can't go ... I just can't buy into it.

00:59:15.400 --> 00:59:16.400
 I don't know what it is.

00:59:16.400 --> 00:59:21.640
 I just cannot buy into that this is going to be okay with adding all those homes and all

00:59:21.640 --> 00:59:29.740
 those car trips per day, and for that reason, I have to vote no on this proposal.

00:59:29.740 --> 00:59:32.080
 Thank you, Commissioner McDade.

00:59:32.080 --> 00:59:36.960
 And I'll just ask Julie and Tina for more clarity of items that I brought up in work

00:59:36.960 --> 00:59:40.480
 session and that others brought up in work session as well.

00:59:40.480 --> 00:59:47.200
 Yes, knowing plats are ministerial, we've heard that so many times, unless we can point

00:59:47.200 --> 00:59:55.400
 to specifics, and so Commissioner Villarreal, Commissioner Pruitt did point to specifics.

00:59:55.400 --> 01:00:03.800
 Trying to understand and get clarity on that, because I as well have concerns that we haven't

01:00:03.800 --> 01:00:09.640
 done our due diligence on saying that this is not going to have adverse impacts.

01:00:09.640 --> 01:00:17.720
 I mean, we've already got a horrifically underperforming road in front of us now before any development

01:00:17.720 --> 01:00:23.720
 happens, before any construction trucks end up trying to navigate through that intersection.

01:00:23.720 --> 01:00:32.780
 We've got school buses, we've got pedestrians, we've got a real problem in this area, and

01:00:32.780 --> 01:00:36.980
 I understand the developer tried to come through with a PD, and I'll say it again because I've

01:00:36.980 --> 01:00:39.600
 said it before, I am really sorry that we couldn't get that done.

01:00:39.600 --> 01:00:47.480
 But here we are now trying to get it done as it is zoned, but I'm trying to understand

01:00:47.480 --> 01:00:53.280
 if the items are valid.

01:00:53.280 --> 01:00:57.680
 So I'll start, and I'm not sure I caught everybody's citation.

01:00:57.680 --> 01:01:04.640
 So I did understand from Commissioner Villarreal that he is citing section 2.2.4.5.E, did I

01:01:04.640 --> 01:01:07.640
 get that correct?

01:01:07.640 --> 01:01:08.640
 2.4.5.E.

01:01:08.640 --> 01:01:16.200
 2.4.5.E, and then also Commissioner Pruitt, did you make reference to a certain section?

01:01:16.200 --> 01:01:19.560
 I believe his also fell under that section.

01:01:19.560 --> 01:01:21.080
 Commissioner Pruitt?

01:01:21.080 --> 01:01:28.560
 Yes, but specifically it was the 11A transportation requirements for driveway spacing.

01:01:28.560 --> 01:01:36.720
 I just, there aren't any other collectors that intersect with an access road.

01:01:36.720 --> 01:01:39.080
 It's a very different situation.

01:01:39.080 --> 01:01:44.160
 Okay, and Commissioner McDade, I just want to make sure I understood.

01:01:44.160 --> 01:01:48.640
 So you mentioned that you agree with Commissioner Villarreal and Pruitt with respect to the

01:01:48.640 --> 01:01:53.480
 traffic and cars, are you citing a particular section out of our development code that you're

01:01:53.480 --> 01:01:54.640
 taking issue with?

01:01:54.640 --> 01:02:01.480
 Okay, I just want to make sure I understood, because given the state statute requirements,

01:02:01.480 --> 01:02:05.280
 if persons are voting in opposition, then we're interested in knowing what section of

01:02:05.280 --> 01:02:09.040
 the code or criteria manuals that you believe that the project does not comply with.

01:02:09.040 --> 01:02:11.640
 So Commissioner Ellis, back to your questions.

01:02:11.640 --> 01:02:16.600
 So you're right, the challenge we have here is we have a preliminary, or excuse me, a

01:02:16.600 --> 01:02:20.640
 final plat that is consistent with the preliminary plat that was approved that has bested this

01:02:20.640 --> 01:02:24.880
 project and done so in accordance with the existing zoning.

01:02:24.880 --> 01:02:27.440
 The applicant has submitted traffic impact analysis.

01:02:27.440 --> 01:02:32.280
 The traffic impact analysis submitted does illustrate that the proposed project does

01:02:32.280 --> 01:02:37.520
 comply with our development standards, hence why staff's recommendation for approval for

01:02:37.520 --> 01:02:38.840
 this final plat.

01:02:38.840 --> 01:02:44.360
 So with this particular project, as Ms. Wyatt reported in the work session, the applicant

01:02:44.360 --> 01:02:51.200
 will be doing some restriping with respect to King's Row, and that is consistent with

01:02:51.200 --> 01:02:54.720
 what we've approved and what is in our development requirements.

01:02:54.720 --> 01:03:01.720
 All of the roadway improvement offerings that were offered by the applicant when the planned

01:03:01.720 --> 01:03:06.960
 development request was submitted previously, those are no longer on the table, and unfortunately,

01:03:06.960 --> 01:03:10.840
 with this project, we will not be able to receive those improvements.

01:03:10.840 --> 01:03:16.040
 But as Commissioner Ellis did indicate, the challenge we have here is state law does say

01:03:16.040 --> 01:03:22.400
 that if a plat meets the city's requirements for its development regulations, hence why

01:03:22.400 --> 01:03:24.680
 we should be in a position of approving the plat.

01:03:24.680 --> 01:03:29.120
 So I just want to make sure we're on record, at least from staff's perspective, that this

01:03:29.120 --> 01:03:33.800
 plat as put forth meets all of our technical requirements, and hence why we should be recommending

01:03:33.800 --> 01:03:36.160
 or hence why the commission should be approving it.

01:03:36.160 --> 01:03:42.760
 But I appreciate the commissioners who anticipate voting in opposition of you citing the particular

01:03:42.760 --> 01:03:45.080
 provision within the code.

01:03:45.080 --> 01:03:53.400
 And I guess I would just ask, as it regards to the way we read the analysis and these

01:03:53.400 --> 01:04:00.080
 criterion numbers, these are all from 2.4, .5, .e, correct?

01:04:00.080 --> 01:04:03.640
 Is that where we're getting all of this from?

01:04:03.640 --> 01:04:07.160
 Yes, I believe, yes.

01:04:07.160 --> 01:04:12.680
 And so, you know, you say technical requirements, so I'm trying to understand what is technical,

01:04:12.680 --> 01:04:18.120
 and that's what originally my question was, of what is technical about item 8a.

01:04:18.120 --> 01:04:23.920
 As we have it, and I'll bring that up later in the meeting, but we have it listed as 8a,

01:04:23.920 --> 01:04:32.920
 which is not really a, not really a, this is all from 2.4, .5, .e, but somehow we've

01:04:32.920 --> 01:04:39.280
 got it in our analysis as 8a, but in any regard, how is that a technical requirement and how

01:04:39.280 --> 01:04:40.280
 is it met?

01:04:40.280 --> 01:04:41.280
 Okay.

01:04:41.280 --> 01:04:43.320
 Do you want to address that or do you want me to?

01:04:43.320 --> 01:04:54.920
 Well, I can start, and the concern is adverse impacts and the compatibility of the proposal.

01:04:54.920 --> 01:05:03.240
 The property is owned R7, and that was a zoning district that transitioned from NRMU 12, which

01:05:03.240 --> 01:05:07.320
 was established with the citywide rezoning in 2002.

01:05:07.320 --> 01:05:13.240
 That was consistent with the comp plan that was adopted prior to the 2002 Denton Development

01:05:13.240 --> 01:05:18.400
 Code, and it was rezoned because it was consistent with the comprehensive plan and consistent

01:05:18.400 --> 01:05:22.880
 with the vision in the surrounding context.

01:05:22.880 --> 01:05:32.680
 So this project is a development that meets the zoning, both the lot size and the use,

01:05:32.680 --> 01:05:42.200
 and so by that, it is consistent with the zoning, and so because that zoning was put

01:05:42.200 --> 01:05:46.280
 in place, it was anticipated that it would be compatible with the surrounding development

01:05:46.280 --> 01:05:47.280
 pattern.

01:05:47.280 --> 01:05:59.560
 Likewise, for the other plat, it has zoning of R4, which was put in place at the outset

01:05:59.560 --> 01:06:01.760
 with the 2002 Denton Development Code.

01:06:01.760 --> 01:06:06.040
 Once again, that was consistent with the comprehensive plan and determined at that time that it was

01:06:06.040 --> 01:06:12.440
 compatible with the surrounding development pattern and would not create adverse impacts.

01:06:12.440 --> 01:06:17.080
 We also have development standards in our Denton Development Code.

01:06:17.080 --> 01:06:26.840
 We have landscaping standards, we have architectural design standards, we have minimum lot sizes,

01:06:26.840 --> 01:06:32.440
 and so those standards have to be met with any development, and those are the minimum

01:06:32.440 --> 01:06:38.360
 standards that were adopted by the city as to indicate quality development, and so this

01:06:38.360 --> 01:06:43.800
 project will be no different, and we'll have to meet those minimum standards, and by virtue

01:06:43.800 --> 01:06:48.640
 of meeting the requirements in the Denton Development Code, it is compatible with the

01:06:48.640 --> 01:06:50.640
 surrounding property.

01:06:50.640 --> 01:06:55.720
 If this were a commercial development, they would have to meet buffering requirements,

01:06:55.720 --> 01:07:01.400
 but because this is a residential use adjacent to an existing residential use, we don't anticipate

01:07:01.400 --> 01:07:08.320
 that those two uses are incompatible next to each other, so by that, it does meet those

01:07:08.320 --> 01:07:09.400
 standards.

01:07:09.400 --> 01:07:17.280
 We also did have a TIA, I did confirm with Karina that Kings Row will be restriped as

01:07:17.280 --> 01:07:23.160
 a result of this development so that there's a sufficient width within that existing right

01:07:23.160 --> 01:07:30.280
 of way so that there will be restriped to have going west, you'll have a dedicated right

01:07:30.280 --> 01:07:35.280
 turn to get on the loop, and then a through and a left hand, dedicated through and left

01:07:35.280 --> 01:07:36.280
 hand turn.

01:07:36.280 --> 01:07:41.720
 That will hopefully at least provide some relief at that intersection, so really that

01:07:41.720 --> 01:07:45.760
 is our analysis associated with it, and I don't know if Tina wanted to add any more

01:07:45.760 --> 01:07:46.760
 to that.

01:07:46.760 --> 01:07:50.940
 Yeah, I would just add that based upon what was included in the traffic impact analysis

01:07:50.940 --> 01:07:55.640
 associated with this development, that the restriping is the proportionate responsibility

01:07:55.640 --> 01:08:00.960
 that the developer has associated with for this project.

01:08:00.960 --> 01:08:09.280
 In the comment from our speaker, Mr. Farring, we know that in the Northeast Denton area,

01:08:09.280 --> 01:08:14.400
 there is concern regarding how development will play out over time.

01:08:14.400 --> 01:08:19.280
 City Council did direct us to do the work of the Northeast Denton area plan that is

01:08:19.280 --> 01:08:23.600
 currently underway, which I know all of you around this dais are fully aware of that given

01:08:23.600 --> 01:08:25.360
 the work that we've done thus far.

01:08:25.360 --> 01:08:30.440
 One of the things that we were also looking at is mobility for the area because we know

01:08:30.440 --> 01:08:35.400
 residents have expressed concern in the past regarding the mobility options that are available

01:08:35.400 --> 01:08:40.640
 within Northeast Denton given how the area is starting to develop.

01:08:40.640 --> 01:08:45.260
 The project before us, like I said earlier and as Julie explained, it meets our requirements

01:08:45.260 --> 01:08:49.040
 for developing the property under the existing zoning that's in place.

01:08:49.040 --> 01:08:53.600
 The applicant is proposing to do their proportionate responsibility with respect to improvements

01:08:53.600 --> 01:09:00.520
 at Kings Row, but as we continue to experience development within this area, hence why we

01:09:00.520 --> 01:09:06.720
 are doing also the Northeast Denton area plan to be able to provide some land use recommendations

01:09:06.720 --> 01:09:12.200
 so that as development does occur, then it ideally would be in accordance with that plan

01:09:12.200 --> 01:09:18.880
 and including any mobility improvements that would be required as part of that plan should

01:09:18.880 --> 01:09:20.920
 it get adopted.

01:09:20.920 --> 01:09:28.480
 Okay, so now I'll move on to the next question that Commissioner Pruitt had cited, which

01:09:28.480 --> 01:09:36.320
 is what we call 11A where that fits into 2.4.5.E, I'm not sure, but that provides adequate

01:09:36.320 --> 01:09:41.560
 road systems, so I'd like to know how this, you know, we have it marked as MET, so that

01:09:41.560 --> 01:09:46.000
 reads adequate road capacity shall exist to serve the uses permitted under the proposed

01:09:46.000 --> 01:09:50.320
 development and the proposed uses shall be designed to ensure safe ingress and egress

01:09:50.320 --> 01:09:55.720
 onto the site and safe road conditions around the site, including adequate access onto the

01:09:55.720 --> 01:09:59.360
 site for fire, public safety, and EMS services.

01:09:59.360 --> 01:10:06.640
 So knowing that we have a road that is rated E, I believe.

01:10:06.640 --> 01:10:08.120
 The intersection at Kings.

01:10:08.120 --> 01:10:09.120
 Currently.

01:10:09.120 --> 01:10:13.640
 Well, that's pretty much where this is, at the intersection.

01:10:13.640 --> 01:10:16.920
 How did we determine?

01:10:16.920 --> 01:10:26.680
 It doesn't appear we have adequate road capacity now, if it's rated E, so I'm trying to understand

01:10:26.680 --> 01:10:34.040
 how we determine that MET if it's already at E, which doesn't sound to me as adequate,

01:10:34.040 --> 01:10:36.480
 and that's what this says.

01:10:36.480 --> 01:10:43.880
 So can you enlighten me on how we got there?

01:10:43.880 --> 01:10:50.120
 Do we take, I mean, I'm trying to understand, you know, I get where this is zoned.

01:10:50.120 --> 01:10:55.040
 I understand from the developer's perspective that they have every right to be doing what

01:10:55.040 --> 01:11:01.440
 they're doing, and again, I'll say it again, I'm sorry that we couldn't get done what was

01:11:01.440 --> 01:11:07.920
 asked the first time around, but this is where we are now, so I'm trying to understand because

01:11:07.920 --> 01:11:14.480
 this intersection is awful right now, and so I'm trying to understand how we are weighing

01:11:14.480 --> 01:11:24.760
 that as a city and coming to check that box that it's met, and it's not serviceable now,

01:11:24.760 --> 01:11:27.200
 so help me understand that.

01:11:27.200 --> 01:11:31.680
 I don't know that I can add much more than Julie, but in talking with Karina, the criteria

01:11:31.680 --> 01:11:34.360
 is that they cannot worsen the conditions.

01:11:34.360 --> 01:11:37.640
 Right now it's a level of service E, the data shows that they will not make it worse

01:11:37.640 --> 01:11:41.400
 than a level of service E, so all we can obligate them to do is their proportionate share of

01:11:41.400 --> 01:11:48.160
 the impacts, which is the re-striping that they've agreed to do.

01:11:48.160 --> 01:11:56.480
 And how do they determine that it, how is that done, through the TIA, that it wouldn't

01:11:56.480 --> 01:11:57.480
 make it worse?

01:11:57.480 --> 01:11:58.480
 Correct, it's part of the traffic impact analysis.

01:11:58.480 --> 01:11:59.720
 That's just part of that analysis.

01:11:59.720 --> 01:12:00.720
 Right.

01:12:00.720 --> 01:12:04.560
 So they would do analysis of the existing conditions, and they're doing analysis based

01:12:04.560 --> 01:12:09.080
 upon the proposed conditions as it relates to this development.

01:12:09.080 --> 01:12:15.760
 And with transportation engineers doing the work, they have submitted a report to the

01:12:15.760 --> 01:12:16.760
 city.

01:12:16.760 --> 01:12:21.440
 The city's transportation team has reviewed that report and has determined that, based

01:12:21.440 --> 01:12:26.240
 upon the findings, that it will not worsen the situation that is there today, so it maintains

01:12:26.240 --> 01:12:30.800
 the level of service E. Again, their proportionate responsibility is to do some re-striping at

01:12:30.800 --> 01:12:37.840
 that intersection, and so they're proposing to do that in hopes to continue to alleviate

01:12:37.840 --> 01:12:42.720
 any additional concerns and to maintain the service level, at least at a level of service

01:12:42.720 --> 01:12:50.400
 E, so that it is not worsened, which is the evaluation criteria that we have in our code.

01:12:50.400 --> 01:12:55.760
 And it's taken collectively, the way that was looked at, as this phase 1A and...

01:12:55.760 --> 01:12:56.760
 Yes, ma'am.

01:12:56.760 --> 01:12:57.760
 Yes.

01:12:57.760 --> 01:12:58.760
 Next one.

01:12:58.760 --> 01:12:59.760
 Okay.

01:12:59.760 --> 01:13:00.760
 Commissioner Anderson.

01:13:00.760 --> 01:13:01.760
 Yes, ma'am.

01:13:01.760 --> 01:13:02.760
 Thank you, chair.

01:13:02.760 --> 01:13:08.120
 Currently, how many lanes is Kings Road?

01:13:08.120 --> 01:13:11.840
 I believe it's just two lanes, one east and one west.

01:13:11.840 --> 01:13:17.040
 How are they going to re-stripe and get four lanes, because you're going to have to have

01:13:17.040 --> 01:13:18.040
 a road...

01:13:18.040 --> 01:13:23.160
 You said they're not going to the west, they're going to have a right turn, center lane, and

01:13:23.160 --> 01:13:24.160
 a left turn.

01:13:24.160 --> 01:13:27.200
 And how are they going to get a east road?

01:13:27.200 --> 01:13:30.080
 So it does flare out at the intersection.

01:13:30.080 --> 01:13:36.680
 It would actually be the left-hand turn and the through would share in a lane.

01:13:36.680 --> 01:13:41.760
 So it would be two on the westbound and then one coming in.

01:13:41.760 --> 01:13:46.780
 So there is sufficient, we checked with Karina, there is sufficient right-of-way there to

01:13:46.780 --> 01:13:53.000
 stripe that so that there can be a little bit of relief for cars that are going toward

01:13:53.000 --> 01:13:54.000
 the west.

01:13:54.000 --> 01:14:00.920
 So you may get maybe two more cars in line instead of just one car, you might get three

01:14:00.920 --> 01:14:01.920
 cars.

01:14:01.920 --> 01:14:05.400
 Because it narrows back in on Kings Road, so you're not going to get...

01:14:05.400 --> 01:14:07.640
 That's not going to really help a whole lot.

01:14:07.640 --> 01:14:14.880
 And again, I don't see how just re-striping is going to alleviate another 400 cars a day

01:14:14.880 --> 01:14:18.480
 or 800 cars a day, because if we're going to...

01:14:18.480 --> 01:14:23.680
 Just this one little neighborhood here, you're going to have at least 40 cars.

01:14:23.680 --> 01:14:27.480
 The other one that's bigger, you're going to have a couple of hundred cars a day, just

01:14:27.480 --> 01:14:29.680
 one in and out.

01:14:29.680 --> 01:14:35.600
 I don't know how that's not inadvertently affecting the traffic pattern.

01:14:35.600 --> 01:14:36.600
 I don't get it.

01:14:36.600 --> 01:14:37.600
 I don't.

01:14:37.600 --> 01:14:41.600
 But that's not for me, it isn't.

01:14:41.600 --> 01:14:43.680
 Go ahead, Haley, if you have something, please.

01:14:43.680 --> 01:14:48.120
 Well, not directly related to transportation, but I did want to bring up something.

01:14:48.120 --> 01:14:53.600
 So I want just to make everyone aware, procedurally, no matter what occurs tonight, if the applicant

01:14:53.600 --> 01:14:58.560
 resubmits these plats in the future under House Bill 3699, we would be obligated to

01:14:58.560 --> 01:15:02.160
 approve them, because state law now has three criteria for what a plat must contain.

01:15:02.160 --> 01:15:05.880
 And if it has those three things, the city shall approve it.

01:15:05.880 --> 01:15:11.800
 And that's a meets and bounds description of the property, tying that to a surveyed

01:15:11.800 --> 01:15:15.860
 corner and ensuring that it shows property lines and roadways.

01:15:15.860 --> 01:15:16.860
 That's it.

01:15:16.860 --> 01:15:19.720
 So, Hillary can probably chime in more.

01:15:19.720 --> 01:15:28.200
 Yes, to add a little bit of color, they added a section to the approval by municipality,

01:15:28.200 --> 01:15:37.520
 a segment of the code that basically specifically constrains us from adding additional requirements.

01:15:37.520 --> 01:15:40.680
 So effectively, all this criteria that we're using is going away.

01:15:40.680 --> 01:15:41.680
 Correct.

01:15:41.680 --> 01:15:46.160
 No matter if we have it removed from the DDC or not, any applications submitted after September

01:15:46.160 --> 01:15:49.400
 1, we would be obligated to follow that section of state law.

01:15:49.400 --> 01:15:53.440
 So effectively, this could get denied, get resubmitted, and we're looking at a whole

01:15:53.440 --> 01:15:54.440
 different.

01:15:54.440 --> 01:15:55.440
 Correct.

01:15:55.440 --> 01:15:59.360
 Well, and then the other thing I would add with respect to House Bill 3699 is has further

01:15:59.360 --> 01:16:03.880
 constraints on any requirements for roadway improvements.

01:16:03.880 --> 01:16:10.200
 So we are even further limited as a result to any additional roadway improvements.

01:16:10.200 --> 01:16:16.640
 So what's before you this evening is a proposal that includes at least a proportionate responsibility

01:16:16.640 --> 01:16:22.920
 of trying to improve the lane configurations with re-striping at Kings Row and Loop 288.

01:16:22.920 --> 01:16:28.240
 So at this time, we would be in a better position based upon this application and where it's

01:16:28.240 --> 01:16:33.120
 filed right now in light of the changes in the state statute.

01:16:33.120 --> 01:16:34.960
 Sure.

01:16:34.960 --> 01:16:35.960
 Commissioner Anderson.

01:16:35.960 --> 01:16:36.960
 Okay.

01:16:36.960 --> 01:16:37.960
 Thank you, Chair.

01:16:37.960 --> 01:16:40.120
 Haley, thank you for your statement, because basically, if we don't approve it tonight,

01:16:40.120 --> 01:16:44.000
 we're just kicking the can down the road pretty much, and it's going to get approved either

01:16:44.000 --> 01:16:47.680
 way, with or without them striping pretty much.

01:16:47.680 --> 01:16:51.000
 I mean, so that's a little bit of a benefit if we pass it tonight.

01:16:51.000 --> 01:16:52.000
 Correct.

01:16:52.000 --> 01:16:53.000
 Correct.

01:16:53.000 --> 01:16:54.000
 Okay.

01:16:54.000 --> 01:16:55.000
 Thank you.

01:16:55.000 --> 01:16:59.400
 Any other questions?

01:16:59.400 --> 01:17:00.400
 Commissioner Pruitt.

01:17:00.400 --> 01:17:01.400
 Real quick.

01:17:01.400 --> 01:17:07.000
 Schedule check, are we at the 30-day limit?

01:17:07.000 --> 01:17:11.480
 In other words, if someone were to move to table this item to the next meeting, would

01:17:11.480 --> 01:17:15.960
 it run through the 30-day shot clock law and be automatically approved?

01:17:15.960 --> 01:17:16.960
 Correct.

01:17:16.960 --> 01:17:20.160
 It's already exhausted, the extension, yes, sir.

01:17:20.160 --> 01:17:21.160
 Okay.

01:17:21.160 --> 01:17:22.160
 Thank you.

01:17:22.160 --> 01:17:23.160
 Any other questions?

01:17:23.160 --> 01:17:24.160
 Okay.

01:17:24.160 --> 01:17:34.560
 We've got a first and a second for approval of FP23-0020B.

01:17:34.560 --> 01:17:43.320
 Not sure why that went away, but I think that it was Commissioner Smith and Commissioner

01:17:43.320 --> 01:17:45.360
 Cole on a second.

01:17:45.360 --> 01:17:46.360
 Okay.

01:17:46.360 --> 01:17:47.360
 Any other discussion?

01:17:47.360 --> 01:17:48.360
 Okay.

01:17:48.360 --> 01:17:52.640
 I think I'll just say, I mean, thank you, staff, for taking all of our questions.

01:17:52.640 --> 01:17:56.580
 I personally think all of them were valid.

01:17:56.580 --> 01:17:58.640
 We have valid concerns over this area.

01:17:58.640 --> 01:18:03.160
 We have had valid concerns for quite some time that we've spoken up.

01:18:03.160 --> 01:18:10.280
 Since this area has come before us for development, as we know the zoning is in place, I hope

01:18:10.280 --> 01:18:14.880
 that this is a bit of a lesson in what a PD can do.

01:18:14.880 --> 01:18:19.160
 It can do really good things.

01:18:19.160 --> 01:18:20.280
 We can codify things.

01:18:20.280 --> 01:18:24.640
 We can hold the developer accountable to do things.

01:18:24.640 --> 01:18:28.800
 In my personal opinion, we'd be in a lot better shape in this development now had we been

01:18:28.800 --> 01:18:37.600
 able to get that done, since we haven't and has been explained to us by staff.

01:18:37.600 --> 01:18:39.600
 We don't have a whole lot of choice.

01:18:39.600 --> 01:18:46.840
 What I can say is I'd urge city council to do what they can do to get this at the top

01:18:46.840 --> 01:18:51.640
 of some kind of capital improvements project so we can get some kind of work done that

01:18:51.640 --> 01:18:56.200
 we as a city can control, which is not a whole lot in this area, but I think we can control

01:18:56.200 --> 01:19:00.800
 Kingsrow, possibly.

01:19:00.800 --> 01:19:05.600
 At any rate, it needs to be addressed sooner than later.

01:19:05.600 --> 01:19:11.040
 As well, I'll say at this point, because it was brought up, the Northeast Dunn area plan,

01:19:11.040 --> 01:19:16.520
 which is in process, that's why it's so important that we get that done, is not a whole lot

01:19:16.520 --> 01:19:17.600
 we can do for this.

01:19:17.600 --> 01:19:19.360
 This has already been zoned.

01:19:19.360 --> 01:19:23.640
 The developer's doing what they have the right to do, but there's a whole lot of land in

01:19:23.640 --> 01:19:28.480
 the area that is unknown.

01:19:28.480 --> 01:19:33.280
 That's why, if we can get an area plan in place, we can be in a lot better position

01:19:33.280 --> 01:19:42.120
 as a city to plan for this, what is now a rural area of our city, and have a say in

01:19:42.120 --> 01:19:48.880
 how it's going to grow and not let the developers just come in and take it a parcel at a time.

01:19:48.880 --> 01:19:52.000
 We make this decision a parcel at a time.

01:19:52.000 --> 01:20:01.880
 With that being said, I'll go ahead and call for a vote on the board, please.

01:20:01.880 --> 01:20:10.000
 Let's see, that motion will carry 4-3.

01:20:10.000 --> 01:20:18.840
 Then we've got item formerly 3E, FP23-0021B, now individual consideration.

01:20:18.840 --> 01:20:19.840
 Commissioner Pruitt.

01:20:19.840 --> 01:20:21.840
 Thank you, Chair.

01:20:21.840 --> 01:20:28.680
 I will move approval on this one, as my concern for the previous item does not apply to this,

01:20:28.680 --> 01:20:33.360
 because it was mostly ingress and egress of that other plat.

01:20:33.360 --> 01:20:34.360
 Commissioner Anderson.

01:20:34.360 --> 01:20:35.360
 Second.

01:20:35.360 --> 01:20:38.800
 We've got a first and a second for approval of this plat.

01:20:38.800 --> 01:20:40.720
 Any discussion?

01:20:40.720 --> 01:20:41.720
 Commissioner Villarreal.

01:20:41.720 --> 01:20:42.720
 Yes.

01:20:42.720 --> 01:20:49.480
 I'm going to once again vote against it, as I don't believe it conforms with DDC section

01:20:49.480 --> 01:20:54.120
 2.4.5.E. Thank you.

01:20:54.120 --> 01:20:55.120
 Any other discussion?

01:20:55.120 --> 01:20:56.120
 Okay.

01:20:56.120 --> 01:21:06.160
 Let's vote on the board, please.

01:21:06.160 --> 01:21:09.120
 That motion will carry 6-1.

01:21:09.120 --> 01:21:19.640
 That will further us into our individual consideration items, and we are now at FP23-0023.

01:21:19.640 --> 01:21:20.640
 Hello, Ashley.

01:21:20.640 --> 01:21:21.640
 Good evening.

01:21:21.640 --> 01:21:25.280
 Ashley Eckstead, Assistant Planner, City of Denton.

01:21:25.280 --> 01:21:29.500
 This is FP23-0023, Barrel Strap Residential.

01:21:29.500 --> 01:21:34.280
 This is a final plat for 50 residential lots on approximately 14 acres at Hickory Creek

01:21:34.280 --> 01:21:36.160
 in 2499.

01:21:36.160 --> 01:21:39.800
 At this time, staff recommends denial, but we have no objection to the requested extension

01:21:39.800 --> 01:21:42.160
 until October 11th, 2023.

01:21:42.160 --> 01:21:43.160
 Happy to answer any questions.

01:21:43.160 --> 01:21:44.160
 Thank you, Ashley.

01:21:44.160 --> 01:21:45.160
 I do not see any questions.

01:21:45.160 --> 01:21:46.160
 Appreciate it.

01:21:46.160 --> 01:21:47.160
 Commissioner Smith.

01:21:47.160 --> 01:21:51.960
 Make a motion to approve the date certain extension of date certain of October 11th,

01:21:51.960 --> 01:21:52.960
 2023.

01:21:52.960 --> 01:21:53.960
 Commissioner Anderson.

01:21:53.960 --> 01:21:54.960
 Second.

01:21:54.960 --> 01:21:58.280
 We've got a first and a second to grant the extension request to a date certain of October

01:21:58.280 --> 01:22:00.400
 11th, 2023.

01:22:00.400 --> 01:22:01.400
 Any discussion?

01:22:01.400 --> 01:22:02.400
 Okay.

01:22:02.400 --> 01:22:03.400
 Seeing none.

01:22:03.400 --> 01:22:10.920
 Let's vote on the board, please.

01:22:10.920 --> 01:22:12.920
 That motion will carry 7-0.

01:22:12.920 --> 01:22:15.760
 That will take us to PP23-0019.

01:22:15.760 --> 01:22:18.200
 Hello, Mia.

01:22:18.200 --> 01:22:23.800
 Good evening, Chair, members of the commission, Mia Hines, Associate Planner.

01:22:23.800 --> 01:22:28.640
 This item is a preliminary plat for Jefferson Mayhill Addition located just west of Mayhill

01:22:28.640 --> 01:22:34.480
 Road, approximately 850 feet south of Roy Road.

01:22:34.480 --> 01:22:38.160
 Right now, this preliminary plat does not meet our criteria for approval, and so we

01:22:38.160 --> 01:22:42.560
 are recommending denial, but we have no objection to the requested extension, which can be granted

01:22:42.560 --> 01:22:44.080
 to October 11th, 2023.

01:22:44.080 --> 01:22:47.760
 At this time, I'll take any questions you have.

01:22:47.760 --> 01:22:48.760
 Thanks, Mia.

01:22:48.760 --> 01:22:50.040
 I do not see any questions.

01:22:50.040 --> 01:22:51.040
 Thank you.

01:22:51.040 --> 01:22:52.040
 Commissioner Smith.

01:22:52.040 --> 01:22:56.800
 Make a motion to approve the extension request to date certain October 11th, 2023.

01:22:56.800 --> 01:22:57.800
 Thank you.

01:22:57.800 --> 01:22:58.800
 Second.

01:22:58.800 --> 01:22:59.800
 Second.

01:22:59.800 --> 01:23:00.800
 Okay.

01:23:00.800 --> 01:23:03.640
 We've got a first and a second to grant the extension request to a date certain of October

01:23:03.640 --> 01:23:06.440
 11th, 2023.

01:23:06.440 --> 01:23:09.120
 Any discussion?

01:23:09.120 --> 01:23:10.120
 Okay.

01:23:10.120 --> 01:23:15.720
 Let's vote, please.

01:23:15.720 --> 01:23:17.840
 That motion carries 7-0.

01:23:17.840 --> 01:23:22.160
 That will take us to FP23-0022A.

01:23:22.160 --> 01:23:23.160
 Julie again.

01:23:23.160 --> 01:23:24.160
 Hello again.

01:23:24.160 --> 01:23:25.160
 Hello.

01:23:25.160 --> 01:23:26.160
 Julie Wyatt.

01:23:26.160 --> 01:23:30.080
 This is a final plat for Townsend Green Phase 2.

01:23:30.080 --> 01:23:34.760
 The site is located on the east side of town, south of McKinney.

01:23:34.760 --> 01:23:37.920
 It's a single-family residential subdivision.

01:23:37.920 --> 01:23:40.280
 Phase 1 is under construction.

01:23:40.280 --> 01:23:43.560
 Phase 2, they'd like to start on.

01:23:43.560 --> 01:23:46.800
 We are recommending approval with a condition.

01:23:46.800 --> 01:23:53.560
 They have been coordinating with parks regarding the lot at the south side of the development

01:23:53.560 --> 01:23:55.520
 to dedicate that property to parks.

01:23:55.520 --> 01:24:00.620
 It's part of Parks Master Plan, and they want to have it for trail development.

01:24:00.620 --> 01:24:06.580
 A development agreement is moving forward to council in the upcoming weeks, and so our

01:24:06.580 --> 01:24:11.840
 condition is that that development agreement must be approved by City Council.

01:24:11.840 --> 01:24:17.040
 Once that is approved, or if it's approved, this comes back to P&Z to clear that condition.

01:24:17.040 --> 01:24:19.120
 I'll be happy to answer any questions.

01:24:19.120 --> 01:24:20.120
 Thanks, Julie.

01:24:20.120 --> 01:24:25.240
 And obviously, if it doesn't get cleared, I mean, well, come to us regardless, right?

01:24:25.240 --> 01:24:26.240
 Right.

01:24:26.240 --> 01:24:27.240
 Whether it gets cleared or doesn't.

01:24:27.240 --> 01:24:28.240
 Okay.

01:24:28.240 --> 01:24:29.240
 Very good.

01:24:29.240 --> 01:24:30.240
 Thanks.

01:24:30.240 --> 01:24:31.240
 Commissioner Smith.

01:24:31.240 --> 01:24:35.160
 Make a motion to approve the staff conditions.

01:24:35.160 --> 01:24:36.160
 Commissioner Pruitt?

01:24:36.160 --> 01:24:37.160
 Second.

01:24:37.160 --> 01:24:38.160
 Okay.

01:24:38.160 --> 01:24:41.360
 We've got a first and a second for approval as presented by staff.

01:24:41.360 --> 01:24:43.600
 Any discussion?

01:24:43.600 --> 01:24:44.760
 Okay.

01:24:44.760 --> 01:24:48.360
 Let's vote, please.

01:24:48.360 --> 01:24:53.600
 That motion will carry 7-0.

01:24:53.600 --> 01:24:56.200
 We'll take us to our public hearings for this evening.

01:24:56.200 --> 01:25:02.680
 First is 5A, AESA 22-0004A.

01:25:02.680 --> 01:25:13.360
 Christy's making her way up, and I will open the public hearing.

01:25:13.360 --> 01:25:19.080
 Christy Upton, Environmental Compliance Coordinator, and tonight I'll be presenting the Alternative

01:25:19.080 --> 01:25:25.680
 ESA Plan for Cyrene at Hickory Creek, also known as Barrel Strap Residential.

01:25:25.680 --> 01:25:34.360
 This is a request to mitigate for the permanent removal of 0.66 acres of a complex of riparian

01:25:34.360 --> 01:25:42.800
 buffer and undeveloped floodplain, and a restoration of that remainder of the ESA complex to improve

01:25:42.800 --> 01:25:47.440
 the ecological services, and staff recommends approval.

01:25:47.440 --> 01:25:54.800
 The preliminary plot was approved on June 22, 2022, and since then staff has been working

01:25:54.800 --> 01:26:05.120
 with the property to develop this plan for the 14.176 acres of the residential development,

01:26:05.120 --> 01:26:12.960
 and this Alternative ESA Plan to allow for the configuration.

01:26:12.960 --> 01:26:18.780
 There was an ESA field assessment that confirmed that there was a riparian buffer, and the

01:26:18.780 --> 01:26:27.000
 1% floodplain is considered undeveloped, and these provide ecological services such as

01:26:27.000 --> 01:26:33.200
 providing habitat, bank stabilization, and improved water quality.

01:26:33.200 --> 01:26:38.280
 The impacts to the environmentally sensitive areas will include a residential road that

01:26:38.280 --> 01:26:45.240
 aligns with the median opening at Hickory Creek Road, and there will be retaining walls

01:26:45.240 --> 01:26:54.720
 to help support that roadway, and the residential roadway that will be overlaid on that stream,

01:26:54.720 --> 01:27:00.160
 outfalls to the structure, including riprap, and trails on the east side of the remainder

01:27:00.160 --> 01:27:08.800
 of the ESA that is intended to be dedicated to the Parks and Recreation Department.

01:27:08.800 --> 01:27:14.080
 The mitigation plan is to improve the current habitat conditions in the remainder space

01:27:14.080 --> 01:27:22.300
 that's shown in the green, and the plan is to remove privet and to plant a native vegetation

01:27:22.300 --> 01:27:26.600
 in its place to help outcompete that privet in the future.

01:27:26.600 --> 01:27:31.520
 Next construction, there will be an inspection of trees that are in the environmentally sensitive

01:27:31.520 --> 01:27:32.520
 area.

01:27:32.520 --> 01:27:39.120
 If those trees are found to have been damaged or destroyed during the construction of the

01:27:39.120 --> 01:27:46.280
 development, then the applicant has agreed to mitigate at the ratio that is in the development

01:27:46.280 --> 01:27:47.280
 code.

01:27:47.280 --> 01:27:53.960
 And then up to 10% of the remainder of that area, staff is asking for some flexibility

01:27:53.960 --> 01:28:03.080
 in allowing for the property, the applicant, to make disturbances within that area with

01:28:03.080 --> 01:28:11.480
 mitigation afterwards to allow for that development to move forward, considering FEMA's approval

01:28:11.480 --> 01:28:16.680
 of their floodplain modifications.

01:28:16.680 --> 01:28:25.160
 There were notifications made in the mailers, we received three opposition letters in return,

01:28:25.160 --> 01:28:34.280
 and these are indicated on the map, and there was a neighborhood meeting on March 11, 2023.

01:28:34.280 --> 01:28:41.360
 And staff is recommending approval of the mitigation plan with the conditions outlined

01:28:41.360 --> 01:28:47.240
 in your backup material and described in this presentation.

01:28:47.240 --> 01:28:51.600
 And with that, I'll take any questions.

01:28:51.600 --> 01:28:52.600
 Thank you, Kristi.

01:28:52.600 --> 01:28:56.160
 Any questions for Kristi at this time?

01:28:56.160 --> 01:28:57.160
 Commissioner Smith?

01:28:57.160 --> 01:28:58.160
 Thank you, Chair.

01:28:58.160 --> 01:29:00.320
 Kristi, sorry I missed your presentation and work session.

01:29:00.320 --> 01:29:05.240
 Just to get clarification, presentation and the backup, everything was very thorough.

01:29:05.240 --> 01:29:09.200
 It's going to be a bridge, that parallel to Hickory Creek Road, that's going to be a bridge

01:29:09.200 --> 01:29:12.240
 over the existing culvert and waterway that runs through there.

01:29:12.240 --> 01:29:14.080
 Is that correct, am I understanding that?

01:29:14.080 --> 01:29:15.080
 This right here?

01:29:15.080 --> 01:29:16.080
 Correct.

01:29:16.080 --> 01:29:19.680
 That parallel road there is essentially, it's just going to, because Hickory Creek works

01:29:19.680 --> 01:29:24.080
 as a bridge for the waterway, the pathway that runs through north and south on Hickory

01:29:24.080 --> 01:29:27.520
 Creek, that parallel road will just be essentially a bridge.

01:29:27.520 --> 01:29:30.240
 We're not stopping up that waterway flow, correct?

01:29:30.240 --> 01:29:31.240
 Yes.

01:29:31.240 --> 01:29:34.800
 It's going to run through, it's basically a, call it an extension of the pass through

01:29:34.800 --> 01:29:35.800
 underneath, correct?

01:29:35.800 --> 01:29:36.800
 Right, right.

01:29:36.800 --> 01:29:37.800
 Yeah, it's an extension of the culvert.

01:29:37.800 --> 01:29:38.800
 Gotcha.

01:29:38.800 --> 01:29:39.800
 I don't think we can necessarily call it bridge.

01:29:39.800 --> 01:29:44.640
 Bridge, yeah, you know what, potato, potato, no one's a potato, but yeah, cool.

01:29:44.640 --> 01:29:49.320
 I get where you're going with it, and yes, it'll be an extension of that culvert from

01:29:49.320 --> 01:29:50.320
 the north, yes.

01:29:50.320 --> 01:29:55.240
 Culvert, got it Kristi, thanks.

01:29:55.240 --> 01:29:57.440
 Any other questions at this time for Kristi?

01:29:57.440 --> 01:30:00.640
 Okay, thank you very much.

01:30:00.640 --> 01:30:03.240
 I don't have any cards in front of me, but this is a public hearing.

01:30:03.240 --> 01:30:10.120
 Is there anyone wishing to speak on this item?

01:30:10.120 --> 01:30:16.280
 Seeing none, I will close the public hearing and open this for a motion or discussion.

01:30:16.280 --> 01:30:17.280
 Commissioner Smith?

01:30:17.280 --> 01:30:20.860
 Make a motion to approve as staff present.

01:30:20.860 --> 01:30:21.860
 Commissioner Anderson?

01:30:21.860 --> 01:30:22.860
 Second.

01:30:22.860 --> 01:30:29.360
 Okay, we've got a first and a second for approval as presented by staff.

01:30:29.360 --> 01:30:30.360
 Any discussion?

01:30:30.360 --> 01:30:44.600
 Okay, let's vote on the board please.

01:30:44.600 --> 01:30:52.680
 That motion will carry 6-1, and that will take us to our next public hearing item for

01:30:52.680 --> 01:30:57.880
 this evening, 5B, DCA 23-0009.

01:30:57.880 --> 01:31:09.320
 Hayley is making way up to present, and I will open the public hearing.

01:31:09.320 --> 01:31:10.320
 Good evening, commission.

01:31:10.320 --> 01:31:14.400
 Hayley Zagorski, assistant planning director.

01:31:14.400 --> 01:31:20.200
 So as we discussed at the work session, this proposed amendment to section 2.6.3 of the

01:31:20.200 --> 01:31:23.760
 DDC is in response to House Bill 3699.

01:31:23.760 --> 01:31:28.040
 We anticipate that this will be the first of at least one more set of amendments that

01:31:28.040 --> 01:31:32.800
 will need to come before you all, possibly additional ones to clean up subchapter 2 of

01:31:32.800 --> 01:31:35.940
 our debt and development code as well as our subdivision regulations to make them compliant

01:31:35.940 --> 01:31:38.320
 with these changes to state law.

01:31:38.320 --> 01:31:40.680
 So the request before you tonight is fairly limited in scope.

01:31:40.680 --> 01:31:44.040
 We are simply looking to make preliminary plats an optional step in the development

01:31:44.040 --> 01:31:48.360
 review process rather than a requirement for properties in the city limits.

01:31:48.360 --> 01:31:52.640
 You may recall, I believe it was in 2021, we made a similar change and actually prohibited

01:31:52.640 --> 01:31:57.400
 preliminary plats in the ETJ just to skip straight to that final plat part of the process.

01:31:57.400 --> 01:31:59.840
 So this is in keeping with those changes.

01:31:59.840 --> 01:32:06.000
 But to give a little bit of background, HB 3699 prohibits any sort of supporting study

01:32:06.000 --> 01:32:10.360
 or analysis being required as part of a plat application for us that would include our

01:32:10.360 --> 01:32:15.880
 traffic impact analysis, drainage studies, utility studies, as well as our tree preservation

01:32:15.880 --> 01:32:19.760
 plans and our environmentally sensitive area assessments.

01:32:19.760 --> 01:32:23.440
 So those can no longer be part of the plat application itself, therefore we have updated

01:32:23.440 --> 01:32:28.040
 all of our checklists effective September 1 to relocate those requirements to either

01:32:28.040 --> 01:32:32.360
 the zoning compliance plan or the civil engineering plan steps in the process, whichever was most

01:32:32.360 --> 01:32:35.320
 appropriate based on the application type.

01:32:35.320 --> 01:32:39.800
 So with that, as we now require that zoning compliance plan for all developments, if we

01:32:39.800 --> 01:32:43.720
 were to keep preliminary plats as a requirement, it would be redundant for most applications.

01:32:43.720 --> 01:32:46.800
 We would gain no new information with the preliminary plat than what we're seeing at

01:32:46.800 --> 01:32:48.320
 those other steps.

01:32:48.320 --> 01:32:52.520
 So therefore we are requesting approval of this amendment to make those an optional step

01:32:52.520 --> 01:32:57.280
 in the event that a developer needs that preliminary plat for some sort of financing mechanism,

01:32:57.280 --> 01:33:00.600
 or if they just have a very large overly complicated project and feel that there would be some

01:33:00.600 --> 01:33:04.960
 benefit to that, then we would keep that option available to them.

01:33:04.960 --> 01:33:08.280
 So that would streamline our development process, and as I mentioned, avoid that redundancy

01:33:08.280 --> 01:33:13.400
 based on where we've moved those studies that we otherwise require.

01:33:13.400 --> 01:33:17.300
 So with that, staff is recommending approval of this amendment, and I'm happy to answer

01:33:17.300 --> 01:33:18.960
 any other questions.

01:33:18.960 --> 01:33:19.960
 Thank you, Haley.

01:33:19.960 --> 01:33:23.340
 Any questions for Haley?

01:33:23.340 --> 01:33:24.340
 I have one.

01:33:24.340 --> 01:33:28.840
 So is it going to be, you're just going to leave it up to the applicant, or could it

01:33:28.840 --> 01:33:34.000
 be something you suggest that would help them, or is that not allowed?

01:33:34.000 --> 01:33:36.400
 We could certainly make the suggestion.

01:33:36.400 --> 01:33:41.480
 Part of the fun of HB 3699 is it essentially allows for someone to submit that plat, and

01:33:41.480 --> 01:33:45.640
 as I mentioned before, if it meets those very limited criteria, we would be obligated to

01:33:45.640 --> 01:33:47.840
 bring it forth for approval.

01:33:47.840 --> 01:33:51.680
 So we see no real benefit for most projects in needing a preliminary plat, but we would

01:33:51.680 --> 01:33:53.280
 keep that option open.

01:33:53.280 --> 01:33:57.120
 And with all of our new applications, we encourage them to start with the pre-application conference,

01:33:57.120 --> 01:34:01.040
 and as part of that, one of their takeaways is an outline of the process that we recommend

01:34:01.040 --> 01:34:02.040
 they follow.

01:34:02.040 --> 01:34:05.480
 So if we see there could be a benefit, we would certainly recommend that, but it would

01:34:05.480 --> 01:34:06.480
 be entirely optional.

01:34:06.480 --> 01:34:07.480
 Yeah.

01:34:07.480 --> 01:34:08.480
 Good.

01:34:08.480 --> 01:34:09.480
 Thank you.

01:34:09.480 --> 01:34:10.480
 Any other questions?

01:34:10.480 --> 01:34:11.480
 Okay.

01:34:11.480 --> 01:34:12.480
 Thank you.

01:34:12.480 --> 01:34:13.480
 This is a public hearing.

01:34:13.480 --> 01:34:16.620
 I don't have any cards in front of me, but is there anyone wishing to speak?

01:34:16.620 --> 01:34:21.080
 There's not really anybody left in the audience, so I'm going to go ahead and close the public

01:34:21.080 --> 01:34:25.920
 hearing and open the floor for a motion or discussion.

01:34:25.920 --> 01:34:26.920
 Commissioner Smith.

01:34:26.920 --> 01:34:28.280
 Make a motion to approve.

01:34:28.280 --> 01:34:29.280
 Commissioner Cole.

01:34:29.280 --> 01:34:30.280
 Second.

01:34:30.280 --> 01:34:34.080
 We've got a first and a second for approval.

01:34:34.080 --> 01:34:35.080
 Is there any discussion?

01:34:35.080 --> 01:34:43.320
 We're going to pause for a minute, and I think we've got a technical difficulty with Commissioner

01:34:43.320 --> 01:34:44.760
 McDade's screen.

01:34:44.760 --> 01:34:48.720
 We'll wait for that to get fixed.

01:34:48.720 --> 01:34:51.160
 You're still on her screen.

01:34:51.160 --> 01:34:52.160
 Okay.

01:34:52.160 --> 01:34:53.160
 Are you back?

01:34:53.160 --> 01:34:54.160
 All right.

01:34:54.160 --> 01:34:55.160
 Okay.

01:34:55.160 --> 01:35:05.400
 Seeing no discussion, let's go ahead and vote, please.

01:35:05.400 --> 01:35:07.560
 That motion carries seven is zero.

01:35:07.560 --> 01:35:13.680
 That will take us to 5C, DCA 23-0010.

01:35:13.680 --> 01:35:16.920
 Angie's here for presentation, and I will open the public hearing.

01:35:16.920 --> 01:35:17.920
 All right.

01:35:17.920 --> 01:35:22.640
 Good evening, Chair, members of the commission, Angie Manglars, Senior Planner.

01:35:22.640 --> 01:35:29.000
 This is a code amendment to address agricultural and animal use amendments due to recent state

01:35:29.000 --> 01:35:30.000
 legislation.

01:35:30.000 --> 01:35:35.600
 So a little bit of background on this, House Bill 1750 was one of the House Bills that

01:35:35.600 --> 01:35:39.120
 were adopted that regulate agricultural uses.

01:35:39.120 --> 01:35:43.560
 Specifically, this one goes on to state that a city may not impose a governmental requirement

01:35:43.560 --> 01:35:47.320
 on any agricultural use within its corporate limits.

01:35:47.320 --> 01:35:52.680
 Governmental requirements includes zoning, permitting, licensing, any sort of standards.

01:35:52.680 --> 01:35:57.640
 It cannot adopt any requirement that would prohibit general best practices of agricultural

01:35:57.640 --> 01:36:02.920
 operations, the use of certain pesticides.

01:36:02.920 --> 01:36:07.600
 Overall this is a pretty broad bill, it does allow cities to retain some authority.

01:36:07.600 --> 01:36:11.520
 Specifically, cities can still regulate the height of vegetation, specifically where an

01:36:11.520 --> 01:36:16.960
 agricultural use is adjacent to a public road or a neighboring residence, where a city can

01:36:16.960 --> 01:36:21.520
 require a written management plan to be commissioned by their city health official or other consultant

01:36:21.520 --> 01:36:25.040
 to determine any impacts on public health.

01:36:25.040 --> 01:36:32.560
 And the Texas AgriLife extension has been charged by passing of this bill to develop

01:36:32.560 --> 01:36:36.040
 a manual that outlines best agricultural practices.

01:36:36.040 --> 01:36:40.640
 Any regulations that cities are wanting to impose upon agricultural operations within

01:36:40.640 --> 01:36:43.400
 its city limits must be derived from that manual.

01:36:43.400 --> 01:36:48.940
 So from a finding that comes from this report that's forthcoming, we could derive regulations

01:36:48.940 --> 01:36:50.840
 from that report.

01:36:50.840 --> 01:36:53.800
 So what that means is we have to make a few amendments to our DDC.

01:36:53.800 --> 01:36:57.940
 One of those is where we allow agricultural uses.

01:36:57.940 --> 01:37:03.040
 So general agriculture, commercial stable, community gardens and urban farms had not

01:37:03.040 --> 01:37:07.160
 been allowed in all of our zoning districts in the past with the adoption of House Bill

01:37:07.160 --> 01:37:13.200
 1715 as our recommendation that we do allow these uses in all zoning districts as part

01:37:13.200 --> 01:37:16.800
 of governmental requirements does include zoning.

01:37:16.800 --> 01:37:23.220
 We are keeping the use specific standards in Section 5.3.5A and 5.3.5B and referring

01:37:23.220 --> 01:37:30.000
 back to House Bill 1750 where it does list out the circumstances in which a city could

01:37:30.000 --> 01:37:32.180
 regulate agricultural operations.

01:37:32.180 --> 01:37:36.560
 That includes an extensive list they have on practices that could create imminent danger

01:37:36.560 --> 01:37:38.140
 to adjacent properties.

01:37:38.140 --> 01:37:42.960
 It also references the report that a city could ask either their health official or

01:37:42.960 --> 01:37:47.440
 a consultant to commission and also the AgriLife extension report that's forthcoming.

01:37:47.440 --> 01:37:52.520
 So both of these rather than having our own specific use standards, use specific standards

01:37:52.520 --> 01:37:56.800
 which would regulate livestock or agricultural or commercial stables, it's just going to

01:37:56.800 --> 01:38:00.120
 refer back to that bill.

01:38:00.120 --> 01:38:03.600
 Likewise, sale of produce and plants.

01:38:03.600 --> 01:38:07.480
 We can't establish our own regulations as a city on agricultural operations.

01:38:07.480 --> 01:38:12.340
 However, we can look to the guidelines in both House Bill 1750 as well as any that come

01:38:12.340 --> 01:38:17.360
 out of the Texas A&M AgriLife extension report and go off of those.

01:38:17.360 --> 01:38:22.000
 Those are some of the amendments being proposed due to House Bill 1750.

01:38:22.000 --> 01:38:27.040
 We also saw House Bills 2308 and 2947.

01:38:27.040 --> 01:38:28.420
 These are more limited in scope.

01:38:28.420 --> 01:38:32.360
 They do both look at the definition of agricultural operations.

01:38:32.360 --> 01:38:38.240
 They add in them the commercial sale of animals to be under the general umbrella of agricultural

01:38:38.240 --> 01:38:44.280
 operations as well as makes additions to addition, including veterinary services for livestock

01:38:44.280 --> 01:38:46.460
 and poultry specifically.

01:38:46.460 --> 01:38:50.520
 So we've recommended some minor amendments to our current definition of agriculture and

01:38:50.520 --> 01:38:54.540
 animal uses to capture some of the language that comes out of this bill.

01:38:54.540 --> 01:38:58.680
 One of those was including accessory structures that are meant to support agricultural uses,

01:38:58.680 --> 01:39:02.880
 now do fall under the general umbrella term of agricultural operations.

01:39:02.880 --> 01:39:04.620
 So we've included that.

01:39:04.620 --> 01:39:08.480
 And then we have matched the definition or staff is proposing to match the definition

01:39:08.480 --> 01:39:13.200
 of general agriculture as to what is referred to in the Texas Agriculture Code to be consistent

01:39:13.200 --> 01:39:17.520
 with what state law is and what is being referenced in these bills.

01:39:17.520 --> 01:39:22.040
 I think that staff is recommending approval as this does meet our criteria for approval

01:39:22.040 --> 01:39:24.960
 in Section 274D of the DDC.

01:39:24.960 --> 01:39:28.840
 And the next step will be city council next week on September 19th.

01:39:28.840 --> 01:39:33.600
 With that I'm happy to answer any questions you may have.

01:39:33.600 --> 01:39:35.560
 >> Any questions for Angie?

01:39:35.560 --> 01:39:39.560
 I do not see any.

01:39:39.560 --> 01:39:41.080
 Thank you very much.

01:39:41.080 --> 01:39:42.160
 This is a public hearing.

01:39:42.160 --> 01:39:45.280
 I do not have any cards in front of me.

01:39:45.280 --> 01:39:48.100
 Or do I see anyone here in council chambers?

01:39:48.100 --> 01:39:54.420
 So I'm going to go ahead and close the public hearing.

01:39:54.420 --> 01:39:57.720
 And I will open the floor for a motion or discussion.

01:39:57.720 --> 01:39:58.720
 Commissioner Smith.

01:39:58.720 --> 01:40:00.920
 >> Make a motion to approve.

01:40:00.920 --> 01:40:01.920
 >> Commissioner Pritz.

01:40:01.920 --> 01:40:02.920
 >> Second.

01:40:02.920 --> 01:40:03.920
 >> Okay.

01:40:03.920 --> 01:40:05.260
 We've got a first and a second for approval.

01:40:05.260 --> 01:40:07.260
 Any discussion?

01:40:07.260 --> 01:40:16.240
 I guess the only thing I'll say is we're going against what we discussed earlier in putting

01:40:16.240 --> 01:40:19.680
 things on council agenda, that this is only a week apart.

01:40:19.680 --> 01:40:22.680
 So maybe that was already put in place.

01:40:22.680 --> 01:40:26.200
 But I'll just throw that out there.

01:40:26.200 --> 01:40:30.060
 >> And the reason for the scheduling is due to the effectiveness of the state statutes.

01:40:30.060 --> 01:40:32.280
 So hence why we're fast tracking this to council.

01:40:32.280 --> 01:40:33.280
 >> Thank you.

01:40:33.280 --> 01:40:34.280
 Okay.

01:40:34.280 --> 01:40:35.280
 Any discussion?

01:40:35.280 --> 01:40:36.280
 Further?

01:40:36.280 --> 01:40:37.280
 Okay.

01:40:37.280 --> 01:40:44.200
 Let's vote on the board, please.

01:40:44.200 --> 01:40:46.920
 That motion carries 7-0.

01:40:46.920 --> 01:40:50.360
 That will bring us to our planning and zoning matrix.

01:40:50.360 --> 01:40:54.560
 And I will give the floor to Tina.

01:40:54.560 --> 01:41:01.400
 >> Thank you, Chair Ellis.

01:41:01.400 --> 01:41:06.920
 So the matrix has been updated to take into consideration the legislative update that

01:41:06.920 --> 01:41:07.920
 we had given previously.

01:41:07.920 --> 01:41:10.920
 So we removed that.

01:41:10.920 --> 01:41:12.920
 That was done at the end of August.

01:41:12.920 --> 01:41:14.960
 Just kind of a quick run down on some of the items.

01:41:14.960 --> 01:41:20.560
 So I'll go through my list here, and actually the first item on my list addresses the minimum

01:41:20.560 --> 01:41:22.720
 parking requirements item, which is on the matrix.

01:41:22.720 --> 01:41:32.080
 So the DCRC has been working on parking, and after some extensive discussion with the DCRC,

01:41:32.080 --> 01:41:38.240
 we have chosen to pause the amendments to the parking section, particularly as it relates

01:41:38.240 --> 01:41:40.760
 to no minimum parking requirements.

01:41:40.760 --> 01:41:46.000
 The city is actually undertaking a citywide parking study to address a lot of parking

01:41:46.000 --> 01:41:50.000
 management challenges and issues that have surfaced within the community.

01:41:50.000 --> 01:41:56.320
 And in light of interest by members of this body as well as City Council to consider potentially

01:41:56.320 --> 01:42:00.400
 adopting no minimum parking requirement and allowing more or less the market to determine

01:42:00.400 --> 01:42:06.200
 what might be appropriate for development, hence why we are including the evaluation

01:42:06.200 --> 01:42:08.680
 no minimum parking within that citywide parking study.

01:42:08.680 --> 01:42:14.480
 So this will allow the consultant that is retained to do a comprehensive analysis associated

01:42:14.480 --> 01:42:20.360
 with our parking regulations and how we manage parking, and particularly parking on our public

01:42:20.360 --> 01:42:26.680
 streets, and be able to provide some recommended practices associated with that for council's

01:42:26.680 --> 01:42:31.640
 consideration and ultimately provide some better direction for us as it relates to addressing

01:42:31.640 --> 01:42:34.600
 that particular topic.

01:42:34.600 --> 01:42:39.440
 Also where the DCRC is concerned, so short-term run-offs, so several of you that serve on

01:42:39.440 --> 01:42:44.400
 that group, and I know I've given some updates in the past, so we had paused that temporarily

01:42:44.400 --> 01:42:50.200
 to allow us to do some public engagement as it relates to that particular code amendment.

01:42:50.200 --> 01:42:56.600
 As a result, we hosted two town halls, but more recently we had an online survey where

01:42:56.600 --> 01:43:02.720
 we were seeking the public's input, and happy to report that we had 224 participants within

01:43:02.720 --> 01:43:03.720
 that survey.

01:43:03.720 --> 01:43:07.920
 So staff is currently working through the results of the survey, and we'll be bringing

01:43:07.920 --> 01:43:15.840
 that back to the DCRC to be able to finish any further refinements to the proposed amendments

01:43:15.840 --> 01:43:20.800
 as it relates to that particular code, and once the DCRC feels that it's in a position

01:43:20.800 --> 01:43:25.240
 to be able to deliver or move forward with a public hearing process, then we'll be bringing

01:43:25.240 --> 01:43:27.800
 that forward.

01:43:27.800 --> 01:43:37.060
 As it relates to our area planning, so we've kicked off the downtown update plan.

01:43:37.060 --> 01:43:40.720
 As you're well aware of, that was one of the projects that council had asked us to prioritize

01:43:40.720 --> 01:43:41.720
 and move forward.

01:43:41.720 --> 01:43:46.640
 So the first downtown plan advisory group meeting is this Thursday at 2 p.m., so we

01:43:46.640 --> 01:43:48.880
 will be doing that.

01:43:48.880 --> 01:43:51.760
 We've already started some public engagement efforts, really trying to get the word out

01:43:51.760 --> 01:43:52.760
 on the project.

01:43:52.760 --> 01:43:56.960
 I know the team was present this past week at Arts and Auto, and they learned the magic

01:43:56.960 --> 01:43:57.960
 secret sauce.

01:43:57.960 --> 01:44:02.040
 That is, lure the children in with the coloring, and then the parents are standing there, so

01:44:02.040 --> 01:44:04.880
 we get the parents to talk.

01:44:04.880 --> 01:44:08.200
 But nonetheless, they started receiving some great feedback.

01:44:08.200 --> 01:44:12.160
 One of the things that was interesting in talking with our consultant is, he's like,

01:44:12.160 --> 01:44:14.200
 people in Denton love their downtown.

01:44:14.200 --> 01:44:16.840
 He's like, you'd be surprised with some of the projects that they work on.

01:44:16.840 --> 01:44:21.000
 They've got to get people to really like their downtown, so we're in a good position that

01:44:21.000 --> 01:44:25.040
 at least our residents of Denton love downtown Denton, so we're in a much better starting

01:44:25.040 --> 01:44:26.320
 point.

01:44:26.320 --> 01:44:30.040
 But nonetheless, and we were starting to see that in some of the engagement from Arts and

01:44:30.040 --> 01:44:32.920
 Autos, and we will be doing additional engagement.

01:44:32.920 --> 01:44:35.960
 We have parking day that's this Friday down on the square.

01:44:35.960 --> 01:44:37.720
 Hopefully it doesn't get rained out.

01:44:37.720 --> 01:44:41.160
 And then we also have the Blues Festival that is this weekend, and so the planning team

01:44:41.160 --> 01:44:46.080
 will be present at parking day as well as the Blues Festival, and seeking comments from

01:44:46.080 --> 01:44:48.240
 the public on that.

01:44:48.240 --> 01:44:53.440
 So we kick off our series of public engagement efforts, and I know Cameron put quite a few

01:44:53.440 --> 01:44:58.200
 events on my calendar between now and at least through December, I believe, so that's really

01:44:58.200 --> 01:44:59.200
 important.

01:44:59.200 --> 01:45:02.740
 And so any assistance that this body can provide with helping get the word out as it relates

01:45:02.740 --> 01:45:06.520
 to the work that we're doing on that downtown plan, I would really appreciate it.

01:45:06.520 --> 01:45:10.920
 Southeast, we continue to progress with our analysis and work on that.

01:45:10.920 --> 01:45:15.760
 We are looking at trying to schedule another public engagement event associated with that

01:45:15.760 --> 01:45:16.840
 particular project.

01:45:16.840 --> 01:45:20.400
 So once we get that date firmed up, we'll definitely let the commission know as to when

01:45:20.400 --> 01:45:22.200
 we're doing that.

01:45:22.200 --> 01:45:26.960
 And in coupling that with the information that we presented, that engagement event,

01:45:26.960 --> 01:45:30.360
 I would anticipate it'll include some of the results and feedback that we've already received

01:45:30.360 --> 01:45:36.480
 from the community, so we've had an extensive amount of engagement when you look at all

01:45:36.480 --> 01:45:41.600
 of our efforts thus far in having over 100 respondents.

01:45:41.600 --> 01:45:46.600
 When you look at not only the listening sessions, but the workshop that we did here a couple

01:45:46.600 --> 01:45:51.680
 of weeks ago, the intercept surveys that the team has done, so we're really getting some

01:45:51.680 --> 01:45:55.960
 good feedback from the community as it relates to our Southeast Denton project.

01:45:55.960 --> 01:46:00.000
 Our Northeast Denton project, we also continue to do the work on that.

01:46:00.000 --> 01:46:04.920
 For your benefit, so we're working through making some modifications to our project schedule,

01:46:04.920 --> 01:46:08.760
 so one of the things that's been on your calendar, for those of you that might participate on

01:46:08.760 --> 01:46:12.480
 the steering committee, was an implementation workshop with our partners, so we're no longer

01:46:12.480 --> 01:46:16.200
 doing that, and staff will be doing the work as it relates to that.

01:46:16.200 --> 01:46:20.640
 And really with that discussion that was meeting with our partners in terms of evaluating the

01:46:20.640 --> 01:46:25.920
 action items that might be put forth, and responsible parties for implementation associated

01:46:25.920 --> 01:46:26.920
 with that.

01:46:26.920 --> 01:46:30.640
 So we as staff will be taking that task on.

01:46:30.640 --> 01:46:37.280
 Also there is going to be no joint meeting on the 17th, so we are modifying our schedule,

01:46:37.280 --> 01:46:42.200
 and once we have that firmed up, then I'll get that back out to the commission.

01:46:42.200 --> 01:46:46.280
 One of the revisions that we're making is that we will be doing a work session with

01:46:46.280 --> 01:46:51.320
 the Planning and Zoning Commission before we do a work session with council in leading

01:46:51.320 --> 01:46:55.520
 into our adoption phase, and of course we have one additional steering committee meeting,

01:46:55.520 --> 01:47:00.040
 and we also have an open house, and an online survey that we'll be conducting as well.

01:47:00.040 --> 01:47:03.440
 So those are some of the key major points that are still, or key tasks I should say

01:47:03.440 --> 01:47:05.680
 that are still left in that project.

01:47:05.680 --> 01:47:11.280
 But like I said, once we get that schedule revised, we'll be sure to get that out and

01:47:11.280 --> 01:47:12.560
 report on that to the group.

01:47:12.560 --> 01:47:20.000
 So in terms of any action items coming from council, council's been on hiatus for about

01:47:20.000 --> 01:47:24.880
 a month since their last meeting was on August 15th, so we have not had any development and

01:47:24.880 --> 01:47:31.400
 applications go before the council since that time, and so I have nothing to report from

01:47:31.400 --> 01:47:32.400
 that aspect.

01:47:32.400 --> 01:47:34.520
 But happy to answer any questions you may have.

01:47:34.520 --> 01:47:35.520
 Thank you, Tina.

01:47:35.520 --> 01:47:36.520
 Commissioner Pruitt.

01:47:36.520 --> 01:47:37.520
 Thank you, Chair.

01:47:37.520 --> 01:47:41.120
 I just have something else for the matrix.

01:47:41.120 --> 01:47:48.640
 I think as highlighted by some of the events of this evening, we've been more than two

01:47:48.640 --> 01:47:55.160
 years now since the 87th session of the legislature, the shot clock came, and the additional platting

01:47:55.160 --> 01:47:58.320
 restrictions and that sort of thing came.

01:47:58.320 --> 01:48:08.560
 Really what I'd like to see is a legal opinion and work session to look at both the general

01:48:08.560 --> 01:48:13.280
 requirements and the plat specific requirements that we have in our code, and separate them

01:48:13.280 --> 01:48:15.640
 into three different buckets.

01:48:15.640 --> 01:48:22.080
 So one bucket would be the requirements that we believe are technical in nature and already

01:48:22.080 --> 01:48:23.760
 enforceable.

01:48:23.760 --> 01:48:29.680
 The second bucket would be the requirements which we believe are not enforceable, not

01:48:29.680 --> 01:48:36.600
 technical, and because of some case law or other legal proceedings that have happened

01:48:36.600 --> 01:48:42.020
 over the last two years, we believe that they could not be made legally enforceable.

01:48:42.020 --> 01:48:49.840
 And then the third bucket would be the items which in their content, the way they are written

01:48:49.840 --> 01:48:55.520
 now could not be legally enforceable because they are not technical, however, amendments

01:48:55.520 --> 01:49:05.280
 to said items for the same intended purpose could render them legally enforceable.

01:49:05.280 --> 01:49:07.320
 So that was a lot of words.

01:49:07.320 --> 01:49:11.960
 Any questions from staff on that?

01:49:11.960 --> 01:49:17.040
 And then what I'd like to see is just we have some time as a commission to have probably

01:49:17.040 --> 01:49:24.940
 a longer work session on discussing how we want to respond to the separation of those

01:49:24.940 --> 01:49:33.040
 items and come up with a recommendation together to counsel about what a future actions would

01:49:33.040 --> 01:49:40.880
 look like in order to clean that up and put things in less of a confusing bucket list,

01:49:40.880 --> 01:49:43.040
 if that makes sense.

01:49:43.040 --> 01:49:44.040
 Okay.

01:49:44.040 --> 01:49:46.880
 Do you get it?

01:49:46.880 --> 01:49:47.880
 Yes.

01:49:47.880 --> 01:49:48.880
 Okay.

01:49:48.880 --> 01:49:49.880
 Okay.

01:49:49.880 --> 01:49:50.880
 Thank you.

01:49:50.880 --> 01:49:54.920
 I was going to say I've got items two and three, and Haley took notes, and I'm relying

01:49:54.920 --> 01:49:57.920
 upon our friends at DTV, so I go back and watch your video.

01:49:57.920 --> 01:50:00.320
 But I understand the point that you're making, though.

01:50:00.320 --> 01:50:01.320
 Thank you.

01:50:01.320 --> 01:50:02.320
 Commissioner McDade.

01:50:02.320 --> 01:50:03.880
 Thank you, Chair.

01:50:03.880 --> 01:50:10.800
 Tina, on the downtown area plan, I know I've asked this question two or three times, but

01:50:10.800 --> 01:50:12.800
 this question is coming from the neighborhood.

01:50:12.800 --> 01:50:18.880
 I know you said you're having your first meeting soon, and they're still concerned

01:50:18.880 --> 01:50:21.920
 about the boundaries.

01:50:21.920 --> 01:50:24.760
 That's what they're very concerned about, and I keep telling them, well, they haven't

01:50:24.760 --> 01:50:31.280
 met yet, but now that it's getting ready to kick off, will you get with the neighborhood,

01:50:31.280 --> 01:50:37.080
 or will you go through the southeast area steering committee, or will you actually come

01:50:37.080 --> 01:50:41.360
 to a setting meeting and let them know that this is the boundaries that we have drawn

01:50:41.360 --> 01:50:44.880
 for the downtown area plan?

01:50:44.880 --> 01:50:47.800
 Yes, all of the above.

01:50:47.800 --> 01:50:52.680
 We can communicate that out at such a point in time when we know what the boundaries of

01:50:52.680 --> 01:50:54.720
 the plan are.

01:50:54.720 --> 01:51:01.360
 We are in our initial stages on that project, and those boundaries have not been drawn.

01:51:01.360 --> 01:51:05.600
 We will definitely be communicating with the Southeast Denton steering committee.

01:51:05.600 --> 01:51:10.000
 Also, we will be communicating with the Southeast Denton Neighborhood Association, because I

01:51:10.000 --> 01:51:12.720
 know they're very interested in that as well.

01:51:12.720 --> 01:51:16.840
 We'll also be communicating out with any of our public engagement efforts to let folks

01:51:16.840 --> 01:51:19.780
 know when we have those conversations.

01:51:19.780 --> 01:51:23.280
 That's also one of the things that we're still trying to work with on the Southeast Denton

01:51:23.280 --> 01:51:27.720
 community, is what do they consider Southeast Denton?

01:51:27.720 --> 01:51:33.960
 It's interesting, given some of the responses that we've received as to what folks consider

01:51:33.960 --> 01:51:36.360
 the geographic area also associated with it.

01:51:36.360 --> 01:51:40.920
 We're trying to navigate through all of that, but we will definitely be communicating with

01:51:40.920 --> 01:51:44.360
 the public on any information we put out related to that.

01:51:44.360 --> 01:51:45.600
 I know that's an area of concern.

01:51:45.600 --> 01:51:46.600
 All right.

01:51:46.600 --> 01:51:47.600
 Thank you.

01:51:47.600 --> 01:51:48.600
 Sure thing.

01:51:48.600 --> 01:51:49.600
 Anything else for the matrix?

01:51:49.600 --> 01:51:56.240
 I know I had made mention to Platts, but I think Commissioner Pruitt, I think he ticked

01:51:56.240 --> 01:51:59.720
 all the boxes that I need done, so looking forward to that work session item.

01:51:59.720 --> 01:52:04.240
 Also, with regard to Commissioner Pruitt, just making sure somebody took notes that

01:52:04.240 --> 01:52:08.840
 he would like the TIA for the Kingsway project sent to him, so we can make sure that that

01:52:08.840 --> 01:52:09.840
 happens.

01:52:09.840 --> 01:52:10.840
 Okay.

01:52:10.840 --> 01:52:15.720
 Seeing nothing else for the matrix, do we have any concluding items?

01:52:15.720 --> 01:52:17.560
 Okay.

01:52:17.560 --> 01:52:20.360
 With that, I will adjourn our meeting at 7.50 p.m.

01:52:20.360 --> 01:52:20.800
 Thank you, everyone.

