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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, October 11, 2023.

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 This is our work session and with the quorum present I'll call us to order at 5.01 p.m.

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

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 Is there anyone wishing to speak on consent agenda?

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 Okay.

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 We will move then to the clarification of tonight's agenda.

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 Any questions, comments on the minutes for September 27th?

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 Okay.

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 How about on our consent agenda this evening we've got two items.

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 Commissioner Perrett.

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 >> Thank you, chair.

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 Yeah.

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 Sorry.

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 I noticed that the large park dedication land in the middle aligns with one of the planned

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 trail corridors on our mobility plan and then there's I guess one of the platted lots is

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 there right at the corner.

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 Do we have a plan for how to effectuate that corridor in the long-term future and make

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 sure that the way this is going is compatible with that if that makes sense?

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 >> I'm actually going to see if Sean might be able to pull up the map for prominence.

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 I don't want to misspeak, I know they have been coordinating with parks but I have not

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 been part of those conversations so Sean if you may have any knowledge of the parks plan

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 for future trails on the large lot there.

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 >> For--

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 >> Prominence Square.

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 >> Yeah.

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 Yeah.

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 Sorry.

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 Did we want the GIS?

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 Or do we want--

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 >> Oh, the plat's probably good.

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 >> Okay.

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 >> Yeah, this is a very colorful plat.

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 We don't often see plat's this--

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 >> Yes.

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 So essentially-- so right now parks has not made a specific plan for trail.

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 They do have a plan-- they actually have an agreement to have a trail through this section

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 here if you can see and then their hope is then to have that trail connect up to the

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 end sidewalk along here that would then connect up to University Drive.

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 >> Okay.

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 >> So a lot of time has been spent on making sure all the easements are in place to make

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 sure that that connection is made and then of course parks would have a significant additional

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 area in which they can have future potential trails and other projects.

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 >> Yeah.

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 That helps me to understand that there's a pedestrian easement right of way on the backside

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 of those lots so there's some flexibility there because I mean, again, the challenge

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 is actually going to be crossing the textile right of ways but sounds like we're taking

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 that into account so I appreciate that.

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 >> Very much so.

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 Parks is on it.

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 >> Thank you, Sean.

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 >> That's all.

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 >> Okay.

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 Anything else on consent?

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 Okay.

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 That will take us to items for individual consideration for A. Bryce can come up and give us a quick

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 synopsis of that.

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 How are you?

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 >> I'm good.

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 How are you?

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 >> Good.

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 All right.

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 So this is a variance request for a final plat.

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 They are requesting a variance from DDC subsection 8.3.2.C.2A.

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 They want to increase the number of lots they're able to take access from a private access easement

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 as well as allow a private access easement to connect to a private road.

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 The proposed subdivision is right off of Amick's road from the northern portion of it on the

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 northern side and it's about a mile west of Seawolf Road.

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 There's a little site data about it.

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 They're looking to create four single family residential lots and there's going to be a

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 larger agricultural lot that's left in the back portion of the property.

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 The zoning is in the ETJ division one.

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 This portion of Amick's road and I'll have a slide about it as well in the next one.

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 This red portion you'll see on the right side is a private road and the blue portion is

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 the nearest public road.

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 The variance is requesting that they are able to have five lots that connect to this single

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 private access easement as well as allow them to connect to that private road with that access

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 easement.

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 The provided access easement is 60 feet wide and for that reason we don't see that there's

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 any detrimental, the approval would not be detrimental to public health and safety or

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 anything along those lines.

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 Amick's road is also a 60 foot wide right of way.

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 The nature of the property is long and it's narrow just based on how the property and

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 the areas around it have been developed over time.

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 It's strict application of the subdivision code would not allow them to develop just

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 because that private road, Amick's road does not provide any frontage to a public street.

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 Additionally, if approved the number of lots that we see able to take access from this

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 private access easement and the connection of the private access easement to the private

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 road do not introduce any standards that will be incompatible with the DDC or the transportation

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 criteria manuals.

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 The proposed variance does not vary from the provisions of the comprehensive planning through.

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 The conditions with the subject property were not created by the property owner, it's just

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 kind of a result of how the property has been developed and the area around it has been

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 developed over time.

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 To conclude, staff does recommend approval of the proposed variances.

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 Any questions?

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 Commissioner Smith.

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 Thank you.

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 Chair.

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 Sorry.

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 That's weird.

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 Can you go back to the sitemap of the, with that ending access, that Amick's road, that

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 slot that goes up between the five, I don't think I saw this in the backup.

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 Is there not going to be a cul-de-sac there at the very end?

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 So there's not.

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 It's going to be just a 60 foot right of way that goes and leads to that back agricultural

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 property.

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 Is the county not going to have any rules on the, on fire access and EMS access within

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 there?

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 I know it's a 60 foot wide road within there, but being able to turn around and that kind

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 of stuff.

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 Yeah.

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 I'm not sure if they have any rules related to it.

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 We did ask them to review this and they didn't come back with any issues that they would

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 be asked them to change.

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 Thanks.

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 Anything else?

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 Okay.

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 Thank you, Bryce.

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 Yeah.

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 Next item for B, oh, that's your item as well.

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 So I'm here.

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 We'll let you summarize that one for us too.

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 So this is the final plat that the variances are associated with.

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 Our recommendation of the plat does depend on how you all choose to handle the variance

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 request.

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 If you approve the variances, staff will recommend approval of the plat just because it will meet

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 all of the codes and the things that we have laid out that they need to meet in order to

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 make it a plat that we would accept.

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 If the variance request is denied, then staff would recommend denial as they would not meet

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 those standards.

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 Any questions?

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 Not seeing any.

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 Thank you.

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 Awesome.

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 We'll see you at the meeting.

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 We've got 4C, FP230026, Mia's on her way up for a quick summary.

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 Hello.

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 Hello.

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 All right.

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 Mia Hines, Associate Planner.

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 This item is a final plat for Legends Ranch Phase 1A.

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 At this time, it does not meet our criteria for approval.

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 So staff is recommending denial.

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 However, we have no objection to the request extension that can be granted to October 25th,

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 2023.

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 Are there any questions?

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 Thank you.

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 We've got 4D, PP230021.

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 Good evening, Julie Wyatt.

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 This is PP230021, the Prestige at Mayhill.

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 This is a preliminary plat for multifamily development.

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 They do have some items that they do need to correct in order for it to meet our technical

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 requirements.

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 So staff is recommending denial.

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 However, we have no objection to the requested extension to October 25th, and I'll be happy

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 to answer any questions.

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 Thanks, Julie.

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 Do not see any questions.

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 Thank you.

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 Thank you so much.

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 Okay.

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 We've got two public hearing items this evening.

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 First one is 5A, S210005.

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 This one should look a little familiar.

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 Hello, Sean.

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 Good evening, Chair.

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 We'll go ahead and pull this one up.

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 Okay.

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 As you said, yes.

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 This will be familiar.

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 And of course, I will have a more extensive presentation of public hearing right now,

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 summarize.

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 This is a request for now a 94 dwelling unit, multifamily building on 4.019 acres along

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 Teasley Lane, just north of that intersection of Teasley Lane and Hickory Creek.

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 And as you know, the background is that this came before the Planning and Zoning Commission

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 back in August.

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 It was recommended for denial.

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 The developers now met multiple times with the neighborhood and in the course of that,

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 revised the plans in order to make significant changes, including adding amenities, addressing

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 where access connected to Hickory Creek, addressing the building design, and addressing that fencing

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 between the development and the adjacent HOA-owned lake.

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 So I'll go over it in more detail, but I've provided kind of a summary of the changes

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 there.

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 They've added one less unit, one foot lower in height, a pool has been added, the patio

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 area's been expanded, added a gazebo, a playground, open space has been increased, a tree canopy

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 has gone up by about nine percent, they've added a rooftop terrace, and they've also

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 provided that fence, as discussed, a security fence, six foot tall wrought iron that will

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 stretch from their northeast boundary to their western boundary where it will connect with

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 a six foot tall opaque fence that will run along the rest of their western boundary.

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 They've also added about an additional 25 trees between their development and the neighboring

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 HOA lake and neighborhood, and then that access to Hickory Creek.

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 So basically they moved their south driveway to the west end of their property in order

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 to encourage and guide vehicles to access Hickory Creek by going behind sprouts rather

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 than going directly through that parking lot.

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 So that's kind of a summary of the changes, happy to answer any questions you'll have

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 right now, and of course we'll have more information in public hearing.

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 Thank you.

199
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 Any questions?

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 Commissioner Prout?

201
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 Thank you, Chair.

202
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 Maybe my memory is foggy, but when this came to us, I mean obviously the previous plan

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 came to us last year, I recall that there was a lot of discussion about the lack of

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 a fence and that there was some drainage easement reason for why that wasn't there.

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 Can you explain what changed, how did we get that, and why is it not a problem now than

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 it was before?

207
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 Yeah, absolutely.

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 So we were able to have some meetings with our folks in flood plain to discuss.

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 The fence is completely outside of our flood plain.

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 Normally we have an easement beyond that, and so we were able to meet with our folks

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 in engineering to determine that as the fence was proposed, it could be placed outside of

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 the flood plain, but still potentially within that area, somewhat within where that easement

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 would be.

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 So in terms of the drainage easement in that northeast corner, they were able to receive

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 a variance for the design of that.

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 Engineering looked at that and said they were comfortable with how that was designed.

217
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 Commissioner Villarreal.

218
00:12:11,360 --> 00:12:12,400
 Thank you.

219
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 Real quick, I know we had 18 members of the public attend public meetings on the 2nd,

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 and it says that multiple residents expressed a continued outrage at the project.

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 Do we know how many residents were still opposed to the project?

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 Was it even or majority, do you happen to know that off the top of your head?

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 It's unclear.

224
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 I can only report on the comments I was given that were given, so I don't know the exact

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 breakdown.

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 Gotcha.

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 Thank you.

228
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 Yeah, it was just like we don't really have anything in writing from anyone as far as

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 from notifications, or do we?

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 Yeah, we did have one response written in support from the adjacent car wash.

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 Right.

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 Yeah, yeah.

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 So, yes.

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 And then obviously I did provide the notes from those meetings in your backup.

235
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 Yeah, yeah.

236
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 Okay.

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 Any other questions?

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 I know the applicant will be here, so we can certainly get more information on the meetings

239
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 in that and how they went when we're in our public session.

240
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 That is correct.

241
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 Okay.

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 Thank you.

243
00:13:23,280 --> 00:13:24,280
 Thank you.

244
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 Appreciate it.

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 Our final public hearing is 5B, S23-0005.

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 Angie's coming on up for presentation of that item.

247
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 Hi, everyone.

248
00:13:39,760 --> 00:13:40,760
 Good evening.

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 Give me just a moment, please.

250
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 Okay, this is S23-005, this is an SUP request for a multifamily development.

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 I'll give you just a little bit of background here and I'll obviously have a more detailed

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00:14:00,240 --> 00:14:05,800
 presentation at our meeting, but this is a 22.81-acre site located just to the south

253
00:14:05,800 --> 00:14:11,320
 of Dutchess Drive, approximately 740 feet to the west of Loop 288.

254
00:14:11,320 --> 00:14:16,760
 Dutchess Drive is classified as a collector and Loop 288 is classified as a primary arterial

255
00:14:16,760 --> 00:14:17,840
 roadway.

256
00:14:17,840 --> 00:14:22,360
 The zoning on the site is suburban corridor, which does require the submittal of an SUP

257
00:14:22,360 --> 00:14:26,240
 for the land use multifamily dwelling, which is why the applicant is here before you this

258
00:14:26,240 --> 00:14:27,240
 evening.

259
00:14:27,240 --> 00:14:29,520
 The proposal contemplates seven buildings.

260
00:14:29,520 --> 00:14:33,240
 Four of those buildings are your traditional low-rise multifamily and they're concentrated

261
00:14:33,240 --> 00:14:36,880
 along the frontage of Dutchess Drive, sort of framing the entries.

262
00:14:36,880 --> 00:14:42,120
 Then there are three more townhome-style cottage products that are proposed in the southwest

263
00:14:42,120 --> 00:14:45,100
 portion of their development impact area.

264
00:14:45,100 --> 00:14:50,640
 For a total of 262 units, the site is 22.81 acres.

265
00:14:50,640 --> 00:14:55,340
 It does have some significant ESA along the southern portion of the development.

266
00:14:55,340 --> 00:15:00,060
 They are compliant with our development regulations for ESA preservation as well as for preservation

267
00:15:00,060 --> 00:15:06,120
 of the upland habitat and are leaving approximately 43% of the site undisturbed.

268
00:15:06,120 --> 00:15:11,720
 This is consistent with our future land use plan and is consistent with our criteria for

269
00:15:11,720 --> 00:15:17,520
 approval, both general approval criteria as well as what we look at in an SUP request

270
00:15:17,520 --> 00:15:22,280
 such as mitigation of adverse impacts and staff is recommending approval of this request

271
00:15:22,280 --> 00:15:23,280
 this evening.

272
00:15:23,280 --> 00:15:27,280
 I'm happy to answer any questions you all may have at this time.

273
00:15:27,280 --> 00:15:30,360
 Commissioner McDade.

274
00:15:30,360 --> 00:15:31,360
 Thank you, Chair.

275
00:15:31,360 --> 00:15:38,160
 I looked around, I thought maybe Karina would be here today, but my concern was like always,

276
00:15:38,160 --> 00:15:39,160
 there's always traffic.

277
00:15:39,160 --> 00:15:40,160
 Sure.

278
00:15:40,160 --> 00:15:44,120
 There's always departments that are already going up on the loop and then now you have

279
00:15:44,120 --> 00:15:45,120
 these.

280
00:15:45,120 --> 00:15:51,080
 Is all that traffic just going to flush out to loop 288 because my concern, the concern

281
00:15:51,080 --> 00:15:55,520
 in our neighborhood is eventually with everything being built, eventually it's going to flush

282
00:15:55,520 --> 00:16:01,200
 out into Woodrow Lane also and that's one of our big, that's one big concern in our

283
00:16:01,200 --> 00:16:02,200
 neighborhood.

284
00:16:02,200 --> 00:16:03,200
 Yes.

285
00:16:03,200 --> 00:16:07,400
 So at this time, that just does not go all the way through.

286
00:16:07,400 --> 00:16:12,320
 As part of this, the applicant was required to submit a TIA, so they are required to along

287
00:16:12,320 --> 00:16:17,920
 their property line, complete the construction of Dutchess from Mockingbird to their Eastern

288
00:16:17,920 --> 00:16:25,080
 boundary as well as construct the side path and provide restriping for turn lanes into

289
00:16:25,080 --> 00:16:26,560
 their property.

290
00:16:26,560 --> 00:16:29,940
 Traffic will flow outward to loop 288 at this time.

291
00:16:29,940 --> 00:16:35,240
 The development that is right here at the hard corner of Dutchess and loop 288 was responsible

292
00:16:35,240 --> 00:16:40,320
 for putting, for paying for a traffic signal to eventually go at that intersection.

293
00:16:40,320 --> 00:16:44,080
 We do have partial funding and I spoke with our engineering department.

294
00:16:44,080 --> 00:16:49,200
 It is estimated that the installation of that signal will occur in spring or summer of 2024.

295
00:16:49,200 --> 00:16:51,640
 So there is some relief coming for that corridor.

296
00:16:51,640 --> 00:16:52,640
 Okay.

297
00:16:52,640 --> 00:16:53,640
 All right.

298
00:16:53,640 --> 00:16:56,080
 Thank you very much.

299
00:16:56,080 --> 00:16:57,080
 Commissioner Pruitt.

300
00:16:57,080 --> 00:17:01,440
 Thank you, Chair.

301
00:17:01,440 --> 00:17:07,360
 It doesn't have to be now, it could be in the public meeting.

302
00:17:07,360 --> 00:17:17,840
 I would appreciate understanding better how our development regulations ensure that the

303
00:17:17,840 --> 00:17:27,280
 runoff into the riparian areas is not going to be adversely polluted.

304
00:17:27,280 --> 00:17:36,880
 The way I see many of these parcels going that back up to Pecan Creek, because we want

305
00:17:36,880 --> 00:17:42,920
 to preserve as many trees as possible, that drives putting a lot of the flat work and

306
00:17:42,920 --> 00:17:47,320
 parking right along the border of the ESAs.

307
00:17:47,320 --> 00:17:53,320
 Then when there is a rain event, there's more wash off of that directly into the riparian

308
00:17:53,320 --> 00:17:54,320
 area.

309
00:17:54,320 --> 00:17:58,080
 I'm not an expert at all on environmental things.

310
00:17:58,080 --> 00:18:07,720
 I just want to make sure that we're considering that and that if there are challenges there

311
00:18:07,720 --> 00:18:11,560
 that we think through that in the longer term, if that makes sense.

312
00:18:11,560 --> 00:18:12,560
 Yeah, sure.

313
00:18:12,560 --> 00:18:17,520
 Off the top of my head and just thinking, I know it's civil engineering plans, obviously

314
00:18:17,520 --> 00:18:21,960
 detailed drainage plans are submitted to guarantee the flow of water because you're not allowed

315
00:18:21,960 --> 00:18:27,880
 per state law to increase the flow of water onto adjacent properties or dramatically impact

316
00:18:27,880 --> 00:18:30,480
 it in that fashion.

317
00:18:30,480 --> 00:18:36,200
 I guess I would also speak to just the fact of pollutants, although it's not maybe the

318
00:18:36,200 --> 00:18:37,520
 standard that you're looking for.

319
00:18:37,520 --> 00:18:42,360
 I think the multifamily land use as compared to perhaps some of the other suburban corridor

320
00:18:42,360 --> 00:18:47,720
 land uses could possibly be a better environmental neighbor.

321
00:18:47,720 --> 00:18:53,080
 We can maybe dig around and see if I can get a more concrete answer for you and other protective

322
00:18:53,080 --> 00:18:54,080
 measures we have.

323
00:18:54,080 --> 00:18:58,560
 I know some of those would come through reporting if you feel like there's some sort of pollutant

324
00:18:58,560 --> 00:19:01,560
 discharge that's occurring.

325
00:19:01,560 --> 00:19:06,800
 It's mostly just concern of when you have a horrible hot summer like we did for three

326
00:19:06,800 --> 00:19:12,320
 and a half months and you've got oil dripping on parking lots and then when rain comes and

327
00:19:12,320 --> 00:19:17,040
 all of it goes somewhere.

328
00:19:17,040 --> 00:19:19,160
 Whatever we had information we have now, that's fine.

329
00:19:19,160 --> 00:19:24,160
 I would look forward to as this goes to council, I would imagine that becomes a big important

330
00:19:24,160 --> 00:19:27,640
 thing to talk through if that makes sense.

331
00:19:27,640 --> 00:19:28,640
 Sure.

332
00:19:28,640 --> 00:19:29,640
 Thank you.

333
00:19:29,640 --> 00:19:30,640
 Commissioner Villarreal.

334
00:19:30,640 --> 00:19:31,640
 Yes.

335
00:19:31,640 --> 00:19:35,640
 I have additional environmental concerns that Commissioner Pruitt hit on one of them.

336
00:19:35,640 --> 00:19:39,920
 In addition to that, we know this is in the middle of a wildlife corridor.

337
00:19:39,920 --> 00:19:43,400
 We received comments about the width of the buildings.

338
00:19:43,400 --> 00:19:48,840
 Do we have any sense of the building width being in a diverse impact to the wildlife

339
00:19:48,840 --> 00:19:51,040
 corridors at all?

340
00:19:51,040 --> 00:19:53,840
 I did not see any comments on the width of buildings.

341
00:19:53,840 --> 00:19:55,400
 Could you elaborate on what the concern was?

342
00:19:55,400 --> 00:19:58,520
 I'm happy to talk more about wildlife corridors while you pull that up.

343
00:19:58,520 --> 00:19:59,880
 You are correct.

344
00:19:59,880 --> 00:20:05,360
 One of the key actions that came out of the Denton 2040 plan was the mapping of wildlife

345
00:20:05,360 --> 00:20:11,680
 corridors that consisted of two phases, if you will.

346
00:20:11,680 --> 00:20:15,840
 First was identifying areas in which the wildlife corridors that may exist, and those are labeled

347
00:20:15,840 --> 00:20:20,240
 on this map as green spaces, and they're generally consistent with the ESA map.

348
00:20:20,240 --> 00:20:24,980
 You'll see the ESA land use that we have up here in this left one.

349
00:20:24,980 --> 00:20:29,040
 You'll see where the ESA is, and then that green space is generally where that is.

350
00:20:29,040 --> 00:20:36,960
 The wildlife corridor is situated at the southwest portion of the site and really follows the

351
00:20:36,960 --> 00:20:39,320
 path of the Pecan Creek Trail.

352
00:20:39,320 --> 00:20:44,020
 These are estimated areas of travel based on a modeling system.

353
00:20:44,020 --> 00:20:47,720
 My understanding is, in talking to environmental services, they do need to be investigated

354
00:20:47,720 --> 00:20:56,440
 a little bit more, but in terms of preservation, they are preserving 43% of the site to be

355
00:20:56,440 --> 00:21:02,600
 remained undisturbed, and the closest perimeter fence from where this approximate wildlife

356
00:21:02,600 --> 00:21:08,760
 corridor is, is 145 feet away, with the closest building pad being approximately 214 feet

357
00:21:08,760 --> 00:21:10,440
 away.

358
00:21:10,440 --> 00:21:17,240
 I believe by preserving the ESA and protecting that area, the applicant is also able to preserve

359
00:21:17,240 --> 00:21:19,120
 and protect the wildlife corridor.

360
00:21:19,120 --> 00:21:22,760
 I'm not aware of any building with challenges that would be-

361
00:21:22,760 --> 00:21:23,760
 Sorry.

362
00:21:23,760 --> 00:21:32,400
 The challenge of the large buildings affecting the 160-foot recommendation for the corridor.

363
00:21:32,400 --> 00:21:42,120
 I believe that 165-foot recommendation came out of that Friday report, which is ... Help

364
00:21:42,120 --> 00:21:43,120
 me out here.

365
00:21:43,120 --> 00:21:44,760
 I'm struggling for my terminology.

366
00:21:44,760 --> 00:21:49,920
 It is not a codified regulation that we have in the development code to review against,

367
00:21:49,920 --> 00:21:54,720
 and it is also a very new tool that we have to review buildings with.

368
00:21:54,720 --> 00:21:56,800
 They are 214 feet away.

369
00:21:56,800 --> 00:22:01,560
 The closest building is 214 feet away from that proposed wildlife corridor, so if we

370
00:22:01,560 --> 00:22:06,920
 are wanting to provide a 165-foot buffer, I would say I don't have a concern with it

371
00:22:06,920 --> 00:22:07,920
 at this time.

372
00:22:07,920 --> 00:22:15,600
 Angie, the site plan may help to show what that measurement of 214 feet kind of looks

373
00:22:15,600 --> 00:22:19,560
 like, because I think there's ... Because the corridor that was mapped is nested at the

374
00:22:19,560 --> 00:22:25,520
 south end of the ESA, there is far more than 160 feet of width for the corridor, but you

375
00:22:25,520 --> 00:22:29,960
 can probably maybe point out the distance between the building and-

376
00:22:29,960 --> 00:22:34,760
 The corridor is estimated to follow this Pecan Creek tributary through this portion of the

377
00:22:34,760 --> 00:22:40,840
 site, so I measured from about here, kind of midpoint, to this closest building, and

378
00:22:40,840 --> 00:22:47,520
 that was 214 feet, so that is a rather large buffer.

379
00:22:47,520 --> 00:22:51,240
 This green fence, there's no development occurring outside of that.

380
00:22:51,240 --> 00:22:56,360
 It is intended as part of this, and it still needs to be discussed that this 6.7 acres

381
00:22:56,360 --> 00:23:01,280
 is eventually dedicated as parkland, but we do have in the conditions of approval that

382
00:23:01,280 --> 00:23:07,040
 if that dedication does not go through for any reason, the property owner is required

383
00:23:07,040 --> 00:23:10,000
 to preserve and maintain this in an undisturbed natural state.

384
00:23:10,000 --> 00:23:11,000
 Got it.

385
00:23:11,000 --> 00:23:12,000
 Thank you.

386
00:23:12,000 --> 00:23:13,000
 Yes.

387
00:23:13,000 --> 00:23:14,000
 Oh, sorry.

388
00:23:14,000 --> 00:23:15,000
 Anything else?

389
00:23:15,000 --> 00:23:20,720
 I assume they're going to need an alt ESA on this site at some point, correct?

390
00:23:20,720 --> 00:23:24,340
 At this time, they've demonstrated compliance with our environmental regulations.

391
00:23:24,340 --> 00:23:28,240
 As we know, when you go to civils, sometimes things may change slightly.

392
00:23:28,240 --> 00:23:32,800
 At that point, they would be required to come back, and that is in the conditions as well,

393
00:23:32,800 --> 00:23:37,180
 but should this play out exactly as it's lined out here, they've built in a buffer for themselves

394
00:23:37,180 --> 00:23:42,000
 to kind of allow for working within those regulations and account for maybe some of

395
00:23:42,000 --> 00:23:45,920
 that trial and error, but if for some reason that doesn't work out, they would be back

396
00:23:45,920 --> 00:23:49,480
 before you all with an alt ESA plan.

397
00:23:49,480 --> 00:23:50,480
 Good.

398
00:23:50,480 --> 00:23:53,480
 Anything else?

399
00:23:53,480 --> 00:23:54,480
 No.

400
00:23:54,480 --> 00:23:55,480
 Thank you.

401
00:23:55,480 --> 00:23:56,480
 Appreciate it.

402
00:23:56,480 --> 00:23:57,480
 Okay.

403
00:23:57,480 --> 00:24:05,760
 That would conclude our regular agenda items, so our final work session item is 3A, Receive

404
00:24:05,760 --> 00:24:10,360
 Training and Hold a Discussion Regarding the City of Denton Code of Ordinances, Chapter

405
00:24:10,360 --> 00:24:11,360
 2.

406
00:24:11,360 --> 00:24:12,360
 Hello, Madison.

407
00:24:12,360 --> 00:24:13,360
 Hello.

408
00:24:13,360 --> 00:24:14,360
 All right.

409
00:24:14,360 --> 00:24:15,360
 How are y'all doing?

410
00:24:15,360 --> 00:24:16,360
 I'm Madison Rusch.

411
00:24:16,360 --> 00:24:23,400
 I'm Denton City Auditor, and I'm here to give you your annual ethics ordinance training

412
00:24:23,400 --> 00:24:25,800
 which you're required to take for the ethics ordinance.

413
00:24:25,800 --> 00:24:28,560
 If you've been on the board before, you may have taken it.

414
00:24:28,560 --> 00:24:34,600
 It's not an hour and 45 minutes anymore, it's just 15, so that's why I'm here.

415
00:24:34,600 --> 00:24:41,680
 So today we will be covering the ethical expectations laid out by the city's ethics ordinance.

416
00:24:41,680 --> 00:24:46,120
 The ordinance's mandates and prohibitions are basically what it requires, how city officials

417
00:24:46,120 --> 00:24:51,320
 subject to the ordinance can request clarification on the ordinance's application, and just a

418
00:24:51,320 --> 00:24:55,560
 quick overview of what happens if an ethics complaint is submitted against you as a city

419
00:24:55,560 --> 00:24:56,560
 official.

420
00:24:56,560 --> 00:25:02,400
 So, to begin, the city of Denton's ethics ordinance was adopted in 2018 and was most

421
00:25:02,400 --> 00:25:06,120
 recently amended in 2023.

422
00:25:06,120 --> 00:25:09,800
 The ethics code is intended to foster an environment of integrity for those that serve the city

423
00:25:09,800 --> 00:25:14,520
 of Denton and its residents by ensuring that decision makers provide responsible stewardship

424
00:25:14,520 --> 00:25:19,200
 of city resources and assets and providing behavioral guidelines and requirements.

425
00:25:19,200 --> 00:25:22,560
 The key goal of the ethics ordinance is to further the public's trust in those who govern

426
00:25:22,560 --> 00:25:24,300
 their community.

427
00:25:24,300 --> 00:25:29,000
 More specifically, the ethics ordinance outlines six aspirational expectations.

428
00:25:29,000 --> 00:25:33,160
 These expectations cannot be used as the basis of an ethics complaint, but they are intended

429
00:25:33,160 --> 00:25:36,280
 to guide city officials in carrying out their duties.

430
00:25:36,280 --> 00:25:41,280
 And they include conducting yourself in a manner that fosters public trust, performing

431
00:25:41,280 --> 00:25:46,260
 your public duties with personal and organizational integrity, avoiding behavior that might call

432
00:25:46,260 --> 00:25:51,080
 your motives into question and erode public confidence, placing the interests and concerns

433
00:25:51,080 --> 00:25:57,040
 of Denton's residents above your own, valuing honesty, trustworthiness, diligence, objectivity,

434
00:25:57,040 --> 00:26:03,080
 fairness, due process, efficiency, and prudence, and balancing transparency with the duty to

435
00:26:03,080 --> 00:26:06,940
 protect personal privacy and preserve any confidential information that you've been

436
00:26:06,940 --> 00:26:09,960
 trusted with.

437
00:26:09,960 --> 00:26:13,300
 So while the rest of this training will focus on specific behaviors that city officials

438
00:26:13,300 --> 00:26:17,340
 must comply with, this is the most important section of the ethics ordinance.

439
00:26:17,340 --> 00:26:22,080
 If you ever find yourself questioning if a specific action or inaction might be ethical,

440
00:26:22,080 --> 00:26:24,720
 first ask yourself if it would align with these expectations.

441
00:26:24,720 --> 00:26:30,160
 It is important to realize that the expectations not only focus on the way things are, but

442
00:26:30,160 --> 00:26:32,240
 also on how they appear.

443
00:26:32,240 --> 00:26:37,800
 A city official has a position of privilege within their community that they must respect.

444
00:26:37,800 --> 00:26:42,880
 Serving your community as a city official is an honor that requires integrity and dedication.

445
00:26:42,880 --> 00:26:45,760
 In general, you can think about an ethics code as a stoplight.

446
00:26:45,760 --> 00:26:50,200
 In some instances, the code clearly prohibits specific behaviors or creates a red light.

447
00:26:50,200 --> 00:26:55,560
 However, in other areas, the code creates broader prohibitions or yellow lights.

448
00:26:55,560 --> 00:26:58,840
 Yellow lights communicate that a city official should thoughtfully and cautiously consider

449
00:26:58,840 --> 00:27:03,820
 if the action or inaction is ethical based on the city's expectations as they proceed.

450
00:27:03,820 --> 00:27:06,920
 So throughout the presentation, I'll be calling out which parts of the code are red lights

451
00:27:06,920 --> 00:27:10,000
 versus yellow lights to help provide guidance.

452
00:27:10,000 --> 00:27:13,960
 Now that we've covered the basics of the city's ethical expectations and general guidance,

453
00:27:13,960 --> 00:27:15,960
 I'll get into more specifics.

454
00:27:15,960 --> 00:27:19,700
 The ethics ordinance includes three mandates and nine prohibitions that cover different

455
00:27:19,700 --> 00:27:22,840
 actions or behaviors that a city official may take.

456
00:27:22,840 --> 00:27:26,100
 And I'll briefly cover them over the next couple of slides.

457
00:27:26,100 --> 00:27:29,960
 But I'll stop here if there are questions about general expectations from the ethics

458
00:27:29,960 --> 00:27:30,960
 ordinance.

459
00:27:30,960 --> 00:27:36,800
 Great, thank you.

460
00:27:36,800 --> 00:27:40,640
 Starting with the mandates, the ethics ordinance requires that city officials disclose certain

461
00:27:40,640 --> 00:27:43,920
 business relationships if they are relevant to a pending matter.

462
00:27:43,920 --> 00:27:48,840
 Specifically, if a business entity with a pending matter is owned by a city official's

463
00:27:48,840 --> 00:27:53,340
 partner, the city official must disclose this relationship to the city secretary and city

464
00:27:53,340 --> 00:27:59,060
 auditor at least one business day before the meeting where the pending matter will be deliberated.

465
00:27:59,060 --> 00:28:03,680
 All disclosures will then be provided to the relevant body before the deliberations occur.

466
00:28:03,680 --> 00:28:07,000
 So this disclosure requirement is a yellow light in the code.

467
00:28:07,000 --> 00:28:10,960
 Even though city officials are allowed to deliberate on these matters, per the ordinance

468
00:28:10,960 --> 00:28:14,620
 it calls out that there might be a risk that this type of business interest might receive

469
00:28:14,620 --> 00:28:17,740
 unfair treatment from the related city official.

470
00:28:17,740 --> 00:28:22,460
 In addition, it requires that city officials comply with any financial disclosures required

471
00:28:22,460 --> 00:28:27,160
 by Texas state law and that city officials report any person that they know has violated

472
00:28:27,160 --> 00:28:29,880
 the city's ethics ordinance.

473
00:28:29,880 --> 00:28:35,400
 These mandates are red light and not reporting a known violation of the ordinance is itself

474
00:28:35,400 --> 00:28:38,200
 considered to be a violation of the ethics ordinance.

475
00:28:38,200 --> 00:28:45,400
 So any questions about these mandates that are in the ordinance?

476
00:28:45,400 --> 00:28:47,480
 Great.

477
00:28:47,480 --> 00:28:51,160
 All right, on to prohibitions.

478
00:28:51,160 --> 00:28:55,600
 Beginning with conflicts of interest, ethical best practices suggest that city official

479
00:28:55,600 --> 00:29:00,280
 recuse from deliberating on a pending matter if they or their relative have a personal

480
00:29:00,280 --> 00:29:05,560
 or economic interest in a business entity or property that's not shared with the general

481
00:29:05,560 --> 00:29:06,560
 public.

482
00:29:06,560 --> 00:29:10,280
 This general guidance is a yellow light that's intended to draw attention to the risk of

483
00:29:10,280 --> 00:29:11,280
 conflicts of interest.

484
00:29:11,280 --> 00:29:15,720
 However, I should note that while it's good guidance, this general kind of prohibition

485
00:29:15,720 --> 00:29:19,200
 is not actually included in the ethics ordinance.

486
00:29:19,200 --> 00:29:23,280
 Denton's ordinance does include some red lights and specifically defines the following as

487
00:29:23,280 --> 00:29:29,560
 conflicts of interest, owning 5% or more of a business entity's voting shares or stock,

488
00:29:29,560 --> 00:29:34,800
 owning $600 or more of a business entity's fair market value, owning $600 or more of

489
00:29:34,800 --> 00:29:41,360
 the fair market value of real property, receiving $600 or more in income from a business entity,

490
00:29:41,360 --> 00:29:47,080
 serving on the board of directors or as an officer of a business entity or a nonprofit,

491
00:29:47,080 --> 00:29:51,560
 or having solicited, received or accepted an offer of employment from a business entity

492
00:29:51,560 --> 00:29:53,640
 or person in the last 12 months.

493
00:29:53,640 --> 00:29:59,640
 If you have a conflict of interest as defined on the slide with a pending matter on an agenda,

494
00:29:59,640 --> 00:30:03,520
 you're required to recuse yourself from the discussion and submit an affidavit of abstention

495
00:30:03,520 --> 00:30:05,920
 to the city auditor.

496
00:30:05,920 --> 00:30:06,920
 That's me.

497
00:30:06,920 --> 00:30:11,560
 A pending matter includes an application seeking approval or authorization, a proposal to enter

498
00:30:11,560 --> 00:30:16,880
 into a contract or a case involving the city that is or may go before a civil criminal

499
00:30:16,880 --> 00:30:18,720
 or administrative tribunal.

500
00:30:18,720 --> 00:30:23,480
 Further, it is a violation of the ordinance for a current city official to represent a

501
00:30:23,480 --> 00:30:28,360
 person, group or entity before a city board or commission for compensation.

502
00:30:28,360 --> 00:30:33,080
 This prohibition also applies to former city officials for one year after termination of

503
00:30:33,080 --> 00:30:34,800
 their official duties.

504
00:30:34,800 --> 00:30:40,000
 Similarly, former city officials are prohibited from performing compensated work on a city

505
00:30:40,000 --> 00:30:45,160
 contract or arrangement if they substantially participated in the negotiation, award or

506
00:30:45,160 --> 00:30:50,460
 administration of the contract unless that participation was limited to deliberation.

507
00:30:50,460 --> 00:30:54,760
 Any questions on conflicts of interest or representation of others?

508
00:30:54,760 --> 00:31:00,720
 Great, I'm getting good at this.

509
00:31:00,720 --> 00:31:01,720
 Sorry.

510
00:31:01,720 --> 00:31:06,240
 Next, the ethics ordinance prohibits a city official or their relative from accepting any

511
00:31:06,240 --> 00:31:11,640
 gift that might reasonably influence a city official in discharging their official duties.

512
00:31:11,640 --> 00:31:15,440
 This is a general prohibition that acts as a yellow light for city officials.

513
00:31:15,440 --> 00:31:20,160
 The ordinance does also include gift-related red lights, specifically a city official cannot

514
00:31:20,160 --> 00:31:25,360
 accept a single gift valued more than $50 or multiple gifts with a total value of more

515
00:31:25,360 --> 00:31:27,320
 than $200.

516
00:31:27,320 --> 00:31:32,240
 In general, a gift is considered to be anything of monetary value such as cash, property,

517
00:31:32,240 --> 00:31:36,360
 services, meals, entertainment or travel-related expenses.

518
00:31:36,360 --> 00:31:40,720
 If a gift is accepted, the city official may remedy the violation by promptly donating

519
00:31:40,720 --> 00:31:46,680
 it or reimbursing the gift giver for the actual or fair market value of the gift.

520
00:31:46,680 --> 00:31:51,580
 If you do accept a gift, you have to disclose the acceptance and how you remedied it by

521
00:31:51,580 --> 00:31:54,960
 filing a disclosure with me.

522
00:31:54,960 --> 00:31:59,640
 The ordinance does allow certain exceptions to the gift prohibition, meaning that these

523
00:31:59,640 --> 00:32:06,120
 are considered green lights and they include lawful campaign contributions, expenses related

524
00:32:06,120 --> 00:32:10,320
 to a city official's travel to a conference or other training event that's connected to

525
00:32:10,320 --> 00:32:15,440
 the city, expenses related to appearances at nonprofit or community events related to

526
00:32:15,440 --> 00:32:21,040
 city business, complimentary attendance at fundraising events or hospitality functions,

527
00:32:21,040 --> 00:32:26,280
 complimentary or promotional copies of trade publications or clothing items or gifts that

528
00:32:26,280 --> 00:32:31,080
 are given due to a personal, familial or professional relationship, regardless of the city official's

529
00:32:31,080 --> 00:32:33,320
 city-related duties.

530
00:32:33,320 --> 00:32:37,520
 Any items that fall under one of these exceptions do not need to be disclosed, however you can

531
00:32:37,520 --> 00:32:40,560
 choose to do so if you would like to.

532
00:32:40,560 --> 00:32:42,720
 Questions about gifts?

533
00:32:42,720 --> 00:32:44,400
 Great.

534
00:32:44,400 --> 00:32:50,800
 Next, it's a violation of the ordinance for a city official to misuse the influence or

535
00:32:50,800 --> 00:32:54,240
 information gained due to their official city position.

536
00:32:54,240 --> 00:32:59,120
 Specifically, a city official may not use their influence to secure special privileges

537
00:32:59,120 --> 00:33:04,720
 or treatment for a person, group or business organization beyond what is normally available

538
00:33:04,720 --> 00:33:07,680
 or to imply that they can do such things.

539
00:33:07,680 --> 00:33:11,760
 While this is a specific prohibition, it's a yellow light as it is not meant to prohibit

540
00:33:11,760 --> 00:33:16,800
 a city official from providing individuals, groups or businesses with information on how

541
00:33:16,800 --> 00:33:21,960
 city processes work so that they can more easily access normally available services.

542
00:33:21,960 --> 00:33:25,360
 For that reason, city officials should proceed cautiously and thoughtfully when trying to

543
00:33:25,360 --> 00:33:27,840
 help the public with specific concerns.

544
00:33:27,840 --> 00:33:32,360
 Specifically, city officials should be cautious when stating what they can or cannot do to

545
00:33:32,360 --> 00:33:34,760
 ensure that a concern is addressed.

546
00:33:34,760 --> 00:33:39,360
 Further, a city official may not state or imply that they are acting as a representative

547
00:33:39,360 --> 00:33:43,600
 of the city unless they have been authorized to do so by the city council.

548
00:33:43,600 --> 00:33:48,120
 And it is a violation of the ordinance for a city official, either current or former,

549
00:33:48,120 --> 00:33:53,040
 to use confidential information gained through their official capacity to advance the personal

550
00:33:53,040 --> 00:33:56,680
 or private financial interests of themselves or anyone else.

551
00:33:56,680 --> 00:34:00,640
 So these are red lights and there's no instance where misrepresenting yourself as an authorized

552
00:34:00,640 --> 00:34:04,360
 city representative or using confidential information for personal or private interests

553
00:34:04,360 --> 00:34:06,980
 would be ethical under the ordinance.

554
00:34:06,980 --> 00:34:13,560
 Questions about misuse?

555
00:34:13,560 --> 00:34:16,680
 This is the last prohibition, but there's a little bit more after this.

556
00:34:16,680 --> 00:34:21,720
 So it is a violation of the ordinance for a city official to abuse the city's resources

557
00:34:21,720 --> 00:34:25,680
 or the power or privileges granted by their official position.

558
00:34:25,680 --> 00:34:30,960
 Specifically, a city official should not use, request, or allow the use of city resources

559
00:34:30,960 --> 00:34:36,480
 such as facilities, personnel, equipment, software, or staff time for private purposes,

560
00:34:36,480 --> 00:34:41,260
 including political, except to the extent that those are available to other residents.

561
00:34:41,260 --> 00:34:45,900
 So while this is a specific prohibition, it's kind of a yellow light because it does not

562
00:34:45,900 --> 00:34:50,160
 have clearly defined thresholds and there are instances where a city official can ethically

563
00:34:50,160 --> 00:34:55,960
 use city resources like if you were renting a city facility at the publicly available price.

564
00:34:55,960 --> 00:35:00,040
 On the other hand, it is a violation of the ordinance for a city official to harass or

565
00:35:00,040 --> 00:35:05,760
 discriminate against a person based on their ethnicity, race, gender, gender identity,

566
00:35:05,760 --> 00:35:09,800
 sexual orientation, marital or parental status, or religion.

567
00:35:09,800 --> 00:35:15,920
 It's also a violation to interfere with any city related criminal or administrative investigation,

568
00:35:15,920 --> 00:35:19,360
 including persuading or coercing someone else to withhold their cooperation.

569
00:35:19,360 --> 00:35:20,360
 So these are red lights.

570
00:35:20,360 --> 00:35:24,020
 There's not really an instance where harassment, discrimination, or interfering with an investigation

571
00:35:24,020 --> 00:35:27,520
 would be considered ethical per the ordinance.

572
00:35:27,520 --> 00:35:32,400
 Questions about abuse of resources or power, position?

573
00:35:32,400 --> 00:35:36,000
 All right.

574
00:35:36,000 --> 00:35:39,560
 Now that you have an understanding of the expectations, mandates, and prohibitions outlined

575
00:35:39,560 --> 00:35:43,440
 in the ordinance, if you ever come upon a situation where you need additional guidance,

576
00:35:43,440 --> 00:35:44,940
 you have a couple of options.

577
00:35:44,940 --> 00:35:49,320
 So first, if you need direction, helping to find a section of the ordinance related to

578
00:35:49,320 --> 00:35:55,300
 a particular situation or just an answer about how to submit a disclosure or an ethics complaint,

579
00:35:55,300 --> 00:35:58,000
 you can reach out to me.

580
00:35:58,000 --> 00:36:01,760
 Hillary can probably help you just by telling you where I am.

581
00:36:01,760 --> 00:36:03,880
 So you can reach out to city staff.

582
00:36:03,880 --> 00:36:08,880
 Second, if you have a personal attorney, so not Hillary, they may be able to provide you

583
00:36:08,880 --> 00:36:12,960
 with an interpretation of the ethics ordinance to help you decide whether to recuse yourself

584
00:36:12,960 --> 00:36:15,800
 or not in a given situation.

585
00:36:15,800 --> 00:36:20,200
 And finally, you can also request that the Board of Ethics issue an advisory opinion,

586
00:36:20,200 --> 00:36:23,680
 which is intended to answer a question about compliance with the ethics ordinance in a

587
00:36:23,680 --> 00:36:25,720
 particular situation.

588
00:36:25,720 --> 00:36:30,480
 And the biggest advantage of an advisory opinion is that a city official can use it as an affirmative

589
00:36:30,480 --> 00:36:34,060
 defense to a submitted ethics complaint if you relied upon it in good faith.

590
00:36:34,060 --> 00:36:38,160
 So essentially, if you ask the Board of Ethics, hey, is it OK if I do this?

591
00:36:38,160 --> 00:36:39,480
 And they tell you, yeah, we think so.

592
00:36:39,480 --> 00:36:42,840
 And then you do what you said you were going to do, and somebody submits an ethics complaint

593
00:36:42,840 --> 00:36:45,980
 against you, you can say, they told me it was OK.

594
00:36:45,980 --> 00:36:46,980
 That should be OK.

595
00:36:46,980 --> 00:36:48,760
 That should work for you.

596
00:36:48,760 --> 00:36:51,920
 But don't just do it willy-nilly.

597
00:36:51,920 --> 00:36:56,120
 So to receive an advisory opinion, a city official must submit the request in writing

598
00:36:56,120 --> 00:37:01,880
 to the city auditor, including relevant details of the situation in question.

599
00:37:01,880 --> 00:37:05,560
 I'll then communicate the request to the Board of Ethics chair, who assigns it to a panel

600
00:37:05,560 --> 00:37:07,940
 of three Board of Ethics members for review.

601
00:37:07,940 --> 00:37:11,840
 And they'll issue their advisory opinion within 30 days of receiving it.

602
00:37:11,840 --> 00:37:16,460
 It usually does not take that long, but that's the maximum time.

603
00:37:16,460 --> 00:37:19,240
 Any questions about advisory opinions?

604
00:37:19,240 --> 00:37:24,400
 Cool, we're almost done, I promise.

605
00:37:24,400 --> 00:37:29,660
 Finally, the Board of Ethics' primary function is to process ethics complaints.

606
00:37:29,660 --> 00:37:33,440
 There are four phases of the ethics complaint process that I'll briefly run through.

607
00:37:33,440 --> 00:37:36,800
 And if you want additional information on the complaint process, it's available on the

608
00:37:36,800 --> 00:37:41,240
 city's Board of Ethics web page, or you can just ask me.

609
00:37:41,240 --> 00:37:44,440
 So first, the initiation phase.

610
00:37:44,440 --> 00:37:48,440
 During this period, an individual submits an ethics complaint using the prescribed form

611
00:37:48,440 --> 00:37:50,220
 to the city auditor.

612
00:37:50,220 --> 00:37:54,000
 This complaint form should be accompanied by any evidence such as images, videos, or

613
00:37:54,000 --> 00:37:58,000
 documentation that the complainant has to support their allegations and must be sworn

614
00:37:58,000 --> 00:38:00,840
 to in front of a notary.

615
00:38:00,840 --> 00:38:04,880
 All then determine if the ethics complaint is administratively complete, but I won't

616
00:38:04,880 --> 00:38:07,000
 make a judgment on the complaint's merits.

617
00:38:07,000 --> 00:38:11,840
 If a complaint is accepted, a copy is then forwarded to the complainant, the respondent,

618
00:38:11,840 --> 00:38:16,520
 and the Board of Ethics chair who will assign it to a preliminary assessment panel.

619
00:38:16,520 --> 00:38:19,760
 During the preliminary assessment phase, a panel of three Board of Ethics members reviews

620
00:38:19,760 --> 00:38:24,080
 the submitted ethics complaint and determines if it is actionable or baseless.

621
00:38:24,080 --> 00:38:28,600
 A complaint is actionable if, on its face, the behavior alleged in the complaint would

622
00:38:28,600 --> 00:38:31,280
 constitute a violation of the ordinance.

623
00:38:31,280 --> 00:38:35,320
 The panel may also recommend that a hearing be held to determine if a complaint is frivolous

624
00:38:35,320 --> 00:38:38,960
 instead of determining if it's actionable or baseless.

625
00:38:38,960 --> 00:38:42,200
 The outcome of the preliminary assessment is communicated to the complainant and respondent

626
00:38:42,200 --> 00:38:46,880
 by the city auditor, and if the complaint is determined to be baseless, the process

627
00:38:46,880 --> 00:38:52,280
 stops, though the complainant may submit a written appeal within 10 business days, which

628
00:38:52,280 --> 00:38:56,220
 will then initiate the next phase, which is the hearing phase.

629
00:38:56,220 --> 00:38:59,560
 So during the hearing phase, the Board of Ethics schedules an evidentiary hearing and

630
00:38:59,560 --> 00:39:04,000
 may request additional documentary evidence or issue subpoenas to require individuals

631
00:39:04,000 --> 00:39:05,680
 to testify.

632
00:39:05,680 --> 00:39:10,360
 The complainant must attend and testify at this hearing and may also present any additional

633
00:39:10,360 --> 00:39:12,080
 evidence that they've gathered.

634
00:39:12,080 --> 00:39:17,920
 In addition, the respondent may provide testimony and evidence for the Board's consideration.

635
00:39:17,920 --> 00:39:21,300
 And both the complainant and respondent have a right to be represented by legal counsel

636
00:39:21,300 --> 00:39:25,000
 at the hearing or another representative.

637
00:39:25,000 --> 00:39:28,280
 And based on this evidentiary hearing, the Board will then determine if a violation of

638
00:39:28,280 --> 00:39:32,280
 the ordinance has occurred and then they might issue a sanction.

639
00:39:32,280 --> 00:39:36,840
 Once the Board has decided on the ethics complaint, the complainant and respondent both have five

640
00:39:36,840 --> 00:39:42,240
 business days to submit any new evidence and request a reconsideration in writing with

641
00:39:42,240 --> 00:39:43,840
 the city auditor.

642
00:39:43,840 --> 00:39:47,240
 The Board of Ethics chair will then review the reconsideration request and will unilaterally

643
00:39:47,240 --> 00:39:52,920
 determine if a new hearing is warranted based on the new evidence.

644
00:39:52,920 --> 00:39:56,240
 And so if during the evidentiary hearing, the Board of Ethics finds that a violation

645
00:39:56,240 --> 00:40:00,900
 has occurred, they may issue one of four sanctions, which are shown on the slide, and that's based

646
00:40:00,900 --> 00:40:05,120
 on the perceived intent and the seriousness of the violation.

647
00:40:05,120 --> 00:40:08,480
 And so that's just kind of a decision matrix on there for you to see, but I'm not going

648
00:40:08,480 --> 00:40:10,760
 to go through them.

649
00:40:10,760 --> 00:40:16,280
 And so if a sanction is imposed, the city official will be notified within 10 days by

650
00:40:16,280 --> 00:40:17,320
 the city auditor.

651
00:40:17,320 --> 00:40:22,640
 So questions about the ethics complaint process?

652
00:40:22,640 --> 00:40:25,240
 Great.

653
00:40:25,240 --> 00:40:26,240
 And that's the end.

654
00:40:26,240 --> 00:40:27,240
 Surprise.

655
00:40:27,240 --> 00:40:28,240
 Congrats.

656
00:40:28,240 --> 00:40:34,200
 I do need you to sign that you were at this training.

657
00:40:34,200 --> 00:40:35,200
 Thank you, Madison.

658
00:40:35,200 --> 00:40:46,300
 I think he mostly.

659
00:40:46,300 --> 00:40:50,040
 Thank you all for being here.

660
00:40:50,040 --> 00:40:51,040
 Commissioner Pruitt?

661
00:40:51,040 --> 00:40:52,040
 I do have a question.

662
00:40:52,040 --> 00:40:56,120
 It just took the entire presentation for it to sink in.

663
00:40:56,120 --> 00:41:05,200
 I was not fully aware, unless I misunderstood, the $600 limit applied to $600 of the company's

664
00:41:05,200 --> 00:41:08,340
 value.

665
00:41:08,340 --> 00:41:14,120
 It strikes me as we don't have that many of the Big Ten companies that own everything

666
00:41:14,120 --> 00:41:22,480
 in the world doing business in Denton, but if they do.

667
00:41:22,480 --> 00:41:30,960
 I think the intention is if you own stocks in something, if it's less than 5%, you're

668
00:41:30,960 --> 00:41:32,600
 probably OK.

669
00:41:32,600 --> 00:41:34,920
 I think it's talking about owning a company.

670
00:41:34,920 --> 00:41:36,840
 Does that help at all?

671
00:41:36,840 --> 00:41:41,120
 So it'd be $600 of interest in a private company, maybe?

672
00:41:41,120 --> 00:41:42,120
 Yes.

673
00:41:42,120 --> 00:41:43,120
 OK.

674
00:41:43,120 --> 00:41:44,120
 Yeah.

675
00:41:44,120 --> 00:41:45,120
 OK.

676
00:41:45,120 --> 00:41:46,120
 That helps.

677
00:41:46,120 --> 00:41:47,120
 Thank you.

678
00:41:47,120 --> 00:41:48,120
 Great.

679
00:41:48,120 --> 00:41:49,120
 Any other questions?

680
00:41:49,120 --> 00:41:50,120
 Sorry.

681
00:41:50,120 --> 00:41:51,120
 Before I leave.

682
00:41:51,120 --> 00:41:52,600
 OK, great.

683
00:41:52,600 --> 00:41:53,600
 Thank you very much.

684
00:41:53,600 --> 00:41:54,600
 Thank you.

685
00:41:54,600 --> 00:41:57,600
 For making us all legal.

686
00:41:57,600 --> 00:42:04,040
 OK, with that, I will adjourn our work session at 5.43 p.m. and we will reconvene in council

687
00:42:04,040 --> 00:42:13,960
 chambers at 6.30.

688
00:42:13,960 --> 00:42:17,560
 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for

689
00:42:17,560 --> 00:42:24,600
 Wednesday, October 11th, 2023, with the quorum present, I will call us to order at 6.30 p.m.

690
00:42:24,600 --> 00:42:28,160
 First item on our agenda is the Pledge of Allegiance to the U.S. and Texas Flags.

691
00:42:28,160 --> 00:42:36,280
 I pledge allegiance to the flag of the United States of America, and to the republic for

692
00:42:36,280 --> 00:42:44,680
 which it stands, one nation under God, indivisible, with liberty and justice for all.

693
00:42:44,680 --> 00:42:56,840
 On the Texas flag, I pledge allegiance to the Texas, one state, under God, one and indivisible.

694
00:42:56,840 --> 00:42:57,840
 Thank you.

695
00:42:57,840 --> 00:43:03,000
 Our first item for consideration this evening is the approval of the Planning and Zoning

696
00:43:03,000 --> 00:43:06,520
 minutes from September 27th.

697
00:43:06,520 --> 00:43:07,520
 Commissioner Villarreal.

698
00:43:07,520 --> 00:43:09,600
 I move approval.

699
00:43:09,600 --> 00:43:10,600
 Commissioner McDade.

700
00:43:10,600 --> 00:43:11,600
 Second.

701
00:43:11,600 --> 00:43:12,600
 OK.

702
00:43:12,600 --> 00:43:13,600
 We've got a first and a second for approval.

703
00:43:13,600 --> 00:43:14,600
 Any discussion?

704
00:43:14,600 --> 00:43:15,600
 OK.

705
00:43:15,600 --> 00:43:25,780
 Seeing none, let's vote on the board, please.

706
00:43:25,780 --> 00:43:29,320
 That motion carries 6-0.

707
00:43:29,320 --> 00:43:34,360
 That moves us to our Consent Agenda.

708
00:43:34,360 --> 00:43:35,360
 Commissioner Smith.

709
00:43:35,360 --> 00:43:36,680
 Make a motion to approve.

710
00:43:36,680 --> 00:43:37,680
 Commissioner Villarreal.

711
00:43:37,680 --> 00:43:38,680
 Second.

712
00:43:38,680 --> 00:43:42,560
 First and a second to approve the Consent Agenda discussion.

713
00:43:42,560 --> 00:43:51,080
 OK, vote on the board, please.

714
00:43:51,080 --> 00:43:54,520
 That motion carries 6-0.

715
00:43:54,520 --> 00:43:56,500
 Next is our items for individual consideration.

716
00:43:56,500 --> 00:44:01,560
 Our first is 4A, V23-0007.

717
00:44:01,560 --> 00:44:04,000
 Bryce is on his way for presentation.

718
00:44:04,000 --> 00:44:05,000
 I.

719
00:44:05,000 --> 00:44:07,000
 Bryce Villarreal, Assistant Planner.

720
00:44:07,000 --> 00:44:16,120
 So this is a variance request for two subdivision variances that we have for a final plat.

721
00:44:16,120 --> 00:44:23,120
 The variance request is from DDC Subsection 8.3.2.C.2A.

722
00:44:23,120 --> 00:44:28,120
 They're requesting a variance in an increase in the number of lots able to take access

723
00:44:28,120 --> 00:44:32,360
 from a private access easement, as well as the ability to connect a private access easement

724
00:44:32,360 --> 00:44:35,040
 to a private road.

725
00:44:35,040 --> 00:44:38,320
 The proposed subdivision is located on the north side of Amick's Road, approximately

726
00:44:38,320 --> 00:44:44,800
 one mile west of Seawolf Road.

727
00:44:44,800 --> 00:44:48,400
 The zoning of the property is the ETJ Division 1.

728
00:44:48,400 --> 00:44:52,040
 The applicant is proposing the subdivision to create four single-family residential

729
00:44:52,040 --> 00:44:56,940
 lots, as well as one large agricultural lot in the northernmost portion of the property.

730
00:44:56,940 --> 00:45:01,760
 This section of Amick's Road is a private road.

731
00:45:01,760 --> 00:45:06,160
 Here's some design details here, the red shown on the very right side of the screen is the

732
00:45:06,160 --> 00:45:11,480
 private portion of Amick's Road, and the nearest public road is in blue, that is Amick's Hill

733
00:45:11,480 --> 00:45:13,040
 Road.

734
00:45:13,040 --> 00:45:16,960
 The Amick's Road is a 60-foot wide right of way.

735
00:45:16,960 --> 00:45:22,120
 It's a private road, and the proposed private access easement is also 60 feet wide.

736
00:45:22,120 --> 00:45:26,040
 The two lots in the southernmost portion of the property will both have the ability to

737
00:45:26,040 --> 00:45:30,520
 take access from Amick's Road, and also from the private access easement, depending on what

738
00:45:30,520 --> 00:45:34,000
 the development would like to do.

739
00:45:34,000 --> 00:45:40,560
 The considerations that we approached with this application is that the guarantee of the

740
00:45:40,560 --> 00:45:44,240
 variance will not be detrimental to the public health or the public interest.

741
00:45:44,240 --> 00:45:49,400
 If approved, we do not anticipate there to be any sort of negative impact on public health,

742
00:45:49,400 --> 00:45:51,960
 welfare or injurious to other property.

743
00:45:51,960 --> 00:45:58,240
 The easement is 60 feet wide, as well as Amick's Road itself.

744
00:45:58,240 --> 00:46:01,740
 The way the property has been developed over time has led to a long and narrow nature of

745
00:46:01,740 --> 00:46:07,120
 the property, and strict adherence to the subdivision code that we have in the DDC would

746
00:46:07,120 --> 00:46:12,400
 not allow the property to be developed, as it does not have any public street frontage.

747
00:46:12,400 --> 00:46:18,680
 Additionally, if approved, the increase in the number of lots able to take access from

748
00:46:18,680 --> 00:46:23,720
 a private access easement, as well as the connection of a private access easement to a private road,

749
00:46:23,720 --> 00:46:28,920
 does not introduce design standards that are incompatible with the DDC or the DIN 2040

750
00:46:28,920 --> 00:46:30,720
 comprehensive plan.

751
00:46:30,720 --> 00:46:34,960
 The conditions associated with the variance requests were not created by the property

752
00:46:34,960 --> 00:46:41,360
 owner after the date of the adoption of the subject regulations.

753
00:46:41,360 --> 00:46:44,480
 Staff does recommend approval of these variance requests.

754
00:46:44,480 --> 00:46:46,800
 Any questions?

755
00:46:46,800 --> 00:46:47,800
 Any questions for Bryce?

756
00:46:47,800 --> 00:46:55,320
 I do not see any thank you for the presentation.

757
00:46:55,320 --> 00:46:56,320
 Commissioner Smith.

758
00:46:56,320 --> 00:46:58,120
 Make a motion to approve.

759
00:46:58,120 --> 00:46:59,120
 Commissioner Pruitt.

760
00:46:59,120 --> 00:47:00,120
 Second.

761
00:47:00,120 --> 00:47:02,200
 We've got a first and a second for approval.

762
00:47:02,200 --> 00:47:04,760
 Any discussion?

763
00:47:04,760 --> 00:47:12,400
 Let's vote, please.

764
00:47:12,400 --> 00:47:15,060
 The motion carries 6-0.

765
00:47:15,060 --> 00:47:21,640
 That will take us to 4B, which is related to this item, FP230011A.

766
00:47:21,640 --> 00:47:22,640
 Take it away, Bryce.

767
00:47:22,640 --> 00:47:23,640
 Commission.

768
00:47:23,640 --> 00:47:24,640
 Welcome back.

769
00:47:24,640 --> 00:47:25,640
 Bryce VanArstel, assistant planner.

770
00:47:25,640 --> 00:47:30,720
 Based on the approval of the presented variances, staff does recommend approval of this final

771
00:47:30,720 --> 00:47:33,720
 plat 230011.

772
00:47:33,720 --> 00:47:39,760
 It is a subdivision that creates four single-family residential lots, as well as a larger agricultural

773
00:47:39,760 --> 00:47:40,760
 lot in the back.

774
00:47:40,760 --> 00:47:41,760
 Are there any questions?

775
00:47:41,760 --> 00:47:42,760
 I'm happy to take them.

776
00:47:42,760 --> 00:47:43,760
 Thank you.

777
00:47:43,760 --> 00:47:45,880
 I do not see any questions.

778
00:47:45,880 --> 00:47:48,480
 Thank you, sir.

779
00:47:48,480 --> 00:47:49,480
 Commissioner Smith.

780
00:47:49,480 --> 00:47:50,480
 Make a motion to approve.

781
00:47:50,480 --> 00:47:51,480
 Commissioner Pruitt.

782
00:47:51,480 --> 00:47:52,480
 Second.

783
00:47:52,480 --> 00:47:54,400
 We've got a first and a second for approval.

784
00:47:54,400 --> 00:47:55,400
 Any discussion?

785
00:47:55,400 --> 00:47:56,400
 Okay.

786
00:47:56,400 --> 00:48:05,040
 Let's vote, please.

787
00:48:05,040 --> 00:48:06,520
 That motion carries 6-0.

788
00:48:06,520 --> 00:48:09,760
 That will take us to 4C, FP230026.

789
00:48:09,760 --> 00:48:12,680
 Mia is here for presentation.

790
00:48:12,680 --> 00:48:14,140
 Good evening.

791
00:48:14,140 --> 00:48:15,140
 Hi.

792
00:48:15,140 --> 00:48:21,480
 Chair, members of the commission, Mia Hines, associate planner.

793
00:48:21,480 --> 00:48:27,520
 This item is a final plat for Legends Ranch Phase 1A, located just north of West University

794
00:48:27,520 --> 00:48:36,080
 Drive, east of Thomas Egan Road, just east of the city's proper boundary.

795
00:48:36,080 --> 00:48:41,160
 This property is located within the city's ETJ, within the Legends Ranch Municipal Utility

796
00:48:41,160 --> 00:48:42,160
 District.

797
00:48:42,160 --> 00:48:47,620
 At this time, the plat does not meet all of our criteria for approval, so we are recommending

798
00:48:47,620 --> 00:48:52,140
 denial as staff, but we have no objection to the requested extension, which can be granted

799
00:48:52,140 --> 00:48:55,280
 to October 25th, 2023.

800
00:48:55,280 --> 00:48:57,800
 With that, I'll take any questions or comments you have.

801
00:48:57,800 --> 00:48:59,600
 Thank you, Mia.

802
00:48:59,600 --> 00:49:00,600
 Commissioner Cole.

803
00:49:00,600 --> 00:49:01,920
 Thank you, Chair.

804
00:49:01,920 --> 00:49:06,880
 Mia, do we know which aquifer that mud's going to be going into?

805
00:49:06,880 --> 00:49:08,720
 Is it the Palux or the Trinity?

806
00:49:08,720 --> 00:49:13,400
 I do not know, off the top of my head.

807
00:49:13,400 --> 00:49:14,400
 Sorry.

808
00:49:14,400 --> 00:49:15,400
 No problem.

809
00:49:15,400 --> 00:49:20,400
 I could get that answer for you and report back.

810
00:49:20,400 --> 00:49:24,960
 Yeah, maybe eventually get him an answer and then email it to him.

811
00:49:24,960 --> 00:49:27,000
 That would be great.

812
00:49:27,000 --> 00:49:28,760
 Any other questions for Mia?

813
00:49:28,760 --> 00:49:29,760
 Okay.

814
00:49:29,760 --> 00:49:31,720
 Thank you very much.

815
00:49:31,720 --> 00:49:32,720
 Commissioner Villarreal.

816
00:49:32,720 --> 00:49:37,480
 I make approval of the extension request to a date certain of October 25th, 2023.

817
00:49:37,480 --> 00:49:38,480
 Commissioner McDade.

818
00:49:38,480 --> 00:49:39,480
 Okay.

819
00:49:39,480 --> 00:49:42,640
 I've got a first and a second to grant the extension request to a date certain of October

820
00:49:42,640 --> 00:49:46,000
 25th, 2023.

821
00:49:46,000 --> 00:49:47,000
 Any discussion?

822
00:49:47,000 --> 00:49:48,000
 Okay.

823
00:49:48,000 --> 00:49:56,200
 Let's vote, please.

824
00:49:56,200 --> 00:49:58,280
 That motion carries 6-0.

825
00:49:58,280 --> 00:50:02,000
 That will take us to 4-D, PP230021.

826
00:50:02,000 --> 00:50:03,000
 Hello, Julie.

827
00:50:03,000 --> 00:50:04,000
 Hello.

828
00:50:04,000 --> 00:50:05,000
 Good evening.

829
00:50:05,000 --> 00:50:06,000
 I'm Julie Wyatt.

830
00:50:06,000 --> 00:50:10,560
 This is a preliminary plat for a multi-family development located on the north side of Edwards

831
00:50:10,560 --> 00:50:13,440
 Road, just east of Mayhill.

832
00:50:13,440 --> 00:50:16,440
 They do have some items they still need to work through to make sure that they meet our

833
00:50:16,440 --> 00:50:20,760
 technical requirements for preliminary plat, and so staff is recommending denial.

834
00:50:20,760 --> 00:50:26,080
 However, we have no objection to their proposed extension to the August -- I'm sorry, October

835
00:50:26,080 --> 00:50:30,720
 25th P&Z meeting, and I'll be happy to answer any questions.

836
00:50:30,720 --> 00:50:32,280
 Thank you, Julie.

837
00:50:32,280 --> 00:50:33,280
 Any questions?

838
00:50:33,280 --> 00:50:34,280
 Thanks.

839
00:50:34,280 --> 00:50:38,640
 Thank you very much.

840
00:50:38,640 --> 00:50:39,940
 Commissioner Villarreal.

841
00:50:39,940 --> 00:50:44,640
 Make approval of the extension request to a date certain of October 25th, 2023.

842
00:50:44,640 --> 00:50:45,640
 Commissioner Cole?

843
00:50:45,640 --> 00:50:46,640
 Second.

844
00:50:46,640 --> 00:50:48,760
 I think we've got a first and a second to grant the extension request to a date certain

845
00:50:48,760 --> 00:50:51,920
 of October 25th, 2023.

846
00:50:51,920 --> 00:50:52,920
 Any discussion?

847
00:50:52,920 --> 00:50:53,920
 Okay.

848
00:50:53,920 --> 00:51:01,520
 Let's vote, please.

849
00:51:01,520 --> 00:51:03,440
 That motion carries 6-0.

850
00:51:03,440 --> 00:51:06,480
 That will take us to our public hearing portion of the meeting.

851
00:51:06,480 --> 00:51:12,080
 Our first item is 5A, S210005A.

852
00:51:12,080 --> 00:51:15,640
 Sean is here for presentation, and I will open the public hearing.

853
00:51:15,640 --> 00:51:19,240
 Good evening, Chair and members of the Commission.

854
00:51:19,240 --> 00:51:20,840
 Sean Jacobson, Associate Planner.

855
00:51:20,840 --> 00:51:25,160
 I'm just going to pull up the presentation here.

856
00:51:25,160 --> 00:51:32,720
 So I am here to present S21-005A, Teasley Lane Multi-Family.

857
00:51:32,720 --> 00:51:40,240
 This is a request for a specific use permit for a 94-dwelling multifamily on 4.019 acres

858
00:51:40,240 --> 00:51:46,060
 west side of Teasley, north of the intersection of Teasley and Hickory Creek.

859
00:51:46,060 --> 00:51:51,360
 This is a permitted use with a specific use permit in the SC Zoning District, so the question

860
00:51:51,360 --> 00:51:55,120
 for you tonight is whether this meets the additional approval criteria to receive a

861
00:51:55,120 --> 00:51:56,120
 specific use permit.

862
00:51:56,120 --> 00:52:02,400
 This case, or a similar version of it, came before you back in August 2022.

863
00:52:02,400 --> 00:52:04,120
 You recommended denial.

864
00:52:04,120 --> 00:52:07,960
 Since that time, the developer has met multiple times with the residents, and in response

865
00:52:07,960 --> 00:52:11,800
 to the concerns of the residents as well as the concerns expressed by the Commission,

866
00:52:11,800 --> 00:52:14,360
 a number of changes have been made to the design.

867
00:52:14,360 --> 00:52:20,880
 It has gone back through our staff planning review process, and we are now able to recommend

868
00:52:20,880 --> 00:52:25,760
 approval based on its consistency with our requirements and with the comprehensive plan.

869
00:52:25,760 --> 00:52:28,880
 So let's look with a little more detail at some of those changes and things that will

870
00:52:28,880 --> 00:52:30,980
 be new to you all.

871
00:52:30,980 --> 00:52:36,520
 So the number of units has been reduced by one, and the height has been reduced.

872
00:52:36,520 --> 00:52:39,760
 One of the concerns expressed was that there were not enough amenities on site, and so

873
00:52:39,760 --> 00:52:44,720
 there was a concern that residents would therefore be encouraged to trespass onto the neighboring

874
00:52:44,720 --> 00:52:46,920
 property to use the amenities there.

875
00:52:46,920 --> 00:52:53,120
 And so the developer has now added an 850-square-foot pool, a 2,000-square-foot playground

876
00:52:53,120 --> 00:52:59,740
 area, added a gazebo, is still providing benches, tables and grills in that front area,

877
00:52:59,740 --> 00:53:04,140
 and has expanded the open space that is miniatized by about 1,000 square feet.

878
00:53:04,140 --> 00:53:07,520
 There is one less trail because the second trail was provided originally in the flood

879
00:53:07,520 --> 00:53:12,400
 plain area, and residents are now being encouraged to stay out of that area because that is immediately

880
00:53:12,400 --> 00:53:16,760
 adjacent to the neighbor, so that the area where the secondary trail was will now be

881
00:53:16,760 --> 00:53:18,920
 blocked off by a fence.

882
00:53:18,920 --> 00:53:21,560
 There has been a rooftop terrace added.

883
00:53:21,560 --> 00:53:26,480
 The tree canopy has been increased by over 17,000 square feet.

884
00:53:26,480 --> 00:53:30,080
 As I mentioned, there is now a security fence, so again, that concern about trespassing.

885
00:53:30,080 --> 00:53:36,600
 There's a fence that now extends from essentially the northeast corner to where an opaque fence

886
00:53:36,600 --> 00:53:43,080
 begins on the western boundary, so there's now an unbroken fence line from the southwest

887
00:53:43,080 --> 00:53:48,920
 corner to the northeast corner, and I will show that in more detail on a coming slide.

888
00:53:48,920 --> 00:53:52,920
 There was also a concern just about the amount of buffering between the multifamily development

889
00:53:52,920 --> 00:53:58,120
 and the neighborhood, and so there have been an additional 25 trees added in that area.

890
00:53:58,120 --> 00:53:59,600
 Discuss that in a little more detail.

891
00:53:59,600 --> 00:54:06,360
 And finally, a concern particularly expressed by the commission was the design of the driveway.

892
00:54:06,360 --> 00:54:12,040
 It was located on the south side, on the east corner, and was therefore essentially guiding

893
00:54:12,040 --> 00:54:16,880
 drivers to drive directly in front of the sprouts as they were accessing Hickory Creek.

894
00:54:16,880 --> 00:54:21,640
 That driveway has now been relocated to encourage drivers to go behind sprouts if they are trying

895
00:54:21,640 --> 00:54:24,320
 to reach Hickory Creek going south.

896
00:54:24,320 --> 00:54:27,720
 So just to show you that in a little more detail on the site plan, you can see the new

897
00:54:27,720 --> 00:54:33,920
 fence that has been added, the expanded patio area, the other amenity areas, the new location

898
00:54:33,920 --> 00:54:36,440
 of the south driveway.

899
00:54:36,440 --> 00:54:41,900
 Parking still achieves at least one space per bedroom, and as you know, the design uses

900
00:54:41,900 --> 00:54:46,040
 an underground parking garage to limit the amount of above-ground paving.

901
00:54:46,040 --> 00:54:50,460
 The building has also been redesigned to add additional architectural features to break

902
00:54:50,460 --> 00:54:55,920
 up the façade, so there's many more awnings, balconies, and changes in materials.

903
00:54:55,920 --> 00:55:01,480
 And a rooftop pergola has been added to that northwest corner, so there's a terrace area,

904
00:55:01,480 --> 00:55:05,760
 essentially just to make that a little bit of a softer edge to the building that is closest

905
00:55:05,760 --> 00:55:09,600
 to those residents, the northwest.

906
00:55:09,600 --> 00:55:16,720
 Here's just a few renderings, that view from a couple angles.

907
00:55:16,720 --> 00:55:22,160
 The landscape plan, so again, this is 30% above minimum landscaping, 40% above minimum

908
00:55:22,160 --> 00:55:26,720
 tree canopy, meets or exceeds buffer requirements on all sides.

909
00:55:26,720 --> 00:55:30,920
 You can see those additional trees that have been added, and in particular on that northwest

910
00:55:30,920 --> 00:55:34,080
 side, those trees have been added right along the edge of the parking lot, which is where

911
00:55:34,080 --> 00:55:38,560
 the higher ground is, in order to provide maximum buffering of any headlights from the

912
00:55:38,560 --> 00:55:44,200
 parking lot, and some buffering of the view of the building itself, so they've been concentrated

913
00:55:44,200 --> 00:55:46,120
 in that area for a reason.

914
00:55:46,120 --> 00:55:51,400
 Again, the nearest residential is actually directly to the west there, and so that has

915
00:55:51,400 --> 00:55:57,360
 both the standard buffer along the west boundary line, as well as an additional 28 ornamental

916
00:55:57,360 --> 00:56:02,360
 trees and a six-foot opaque fence that are above and beyond our buffer requirements.

917
00:56:02,360 --> 00:56:08,380
 In terms of access and mobility, again, this does have three points of access, two teesley

918
00:56:08,380 --> 00:56:14,560
 lane through surrounding commercial, and then the access down to Hickory Creek Road, as you

919
00:56:14,560 --> 00:56:19,960
 can see, that relocated driveway in order to better direct residents.

920
00:56:19,960 --> 00:56:24,000
 Another thing that changed, just as part of the process, the developer is able to add

921
00:56:24,000 --> 00:56:30,320
 additional ADA-toss-friendly pedestrian routes to give residents leaving the site more options

922
00:56:30,320 --> 00:56:36,640
 that could be used by those of all abilities, and this is designed to, in general, provide

923
00:56:36,640 --> 00:56:40,680
 more ability to walk to the surrounding uses or to drive them without needing to ever go

924
00:56:40,680 --> 00:56:41,760
 on our public roads.

925
00:56:41,760 --> 00:56:47,480
 It does help to achieve the goals of our comprehensive plan in the realms of mobility.

926
00:56:47,480 --> 00:56:50,960
 Staying on that theme, obviously, one of the most important things we consider is our comprehensive

927
00:56:50,960 --> 00:56:51,960
 plan.

928
00:56:51,960 --> 00:56:54,520
 Future land use here is community mixed use.

929
00:56:54,520 --> 00:56:59,600
 Goal is primarily commercial with supporting complementary residential service and other

930
00:56:59,600 --> 00:57:00,600
 uses.

931
00:57:00,600 --> 00:57:04,840
 Because this multifamily use would help to support surrounding commercial, it does provide

932
00:57:04,840 --> 00:57:11,440
 that complementary use within the area, and overall, within that community mixed use area,

933
00:57:11,440 --> 00:57:17,520
 the residential density would still stay below the five to 10 dwelling units per acre recommended

934
00:57:17,520 --> 00:57:19,240
 by the 2040 plan.

935
00:57:19,240 --> 00:57:24,920
 Does also help to achieve our goals in the area of design along corridors, providing

936
00:57:24,920 --> 00:57:28,400
 safe and efficient movement of vehicles and pedestrians by putting people within walking

937
00:57:28,400 --> 00:57:32,880
 distance of the places they want to go, shopping, education, employment, shifting towards more

938
00:57:32,880 --> 00:57:34,680
 mixed use development.

939
00:57:34,680 --> 00:57:39,640
 Helps achieve our goals in the realm of housing choice by providing more diverse housing options,

940
00:57:39,640 --> 00:57:44,840
 and does align with our preferred land preservation plan and wildlife corridor goals by keeping

941
00:57:44,840 --> 00:57:49,240
 development out of the floodplain and actually adding trees and shrubbery to that.

942
00:57:49,240 --> 00:57:53,920
 In terms of compatibility with the surrounding area, as zoning district, SC does actually

943
00:57:53,920 --> 00:58:00,960
 permit commercial uses of the same height, scale in this area already.

944
00:58:00,960 --> 00:58:05,600
 Mixed use area, so you can see around there, we have a mix of commercial and residential

945
00:58:05,600 --> 00:58:10,200
 uses, and so this would be an additional part of that mixed use that would help to support

946
00:58:10,200 --> 00:58:15,360
 the surrounding commercial, while also providing something of a transition or buffer between

947
00:58:15,360 --> 00:58:20,240
 TZ lane, an expanded primary arterial, the noise of that, the commercial, and then the

948
00:58:20,240 --> 00:58:23,240
 residential to the west and north of it.

949
00:58:23,240 --> 00:58:27,960
 In terms of minimizing adverse impacts, we've addressed this, but again, that screening

950
00:58:27,960 --> 00:58:32,480
 compatibility buffers, extensive buffering of surrounding residential.

951
00:58:32,480 --> 00:58:39,560
 In terms of traffic, this would produce about 402 weekday trips, so AM/PM peak there, 30

952
00:58:39,560 --> 00:58:40,560
 and 37.

953
00:58:40,560 --> 00:58:44,840
 The TIA was approved with no significant traffic impacts.

954
00:58:44,840 --> 00:58:48,760
 There is significant traffic around in the area, and that will increase, but this is

955
00:58:48,760 --> 00:58:54,520
 not the primary driver of traffic impacts in the area, and so no mitigation was recommended

956
00:58:54,520 --> 00:58:55,520
 there.

957
00:58:55,520 --> 00:58:59,560
 The cross-connectivity and those multiple exits, the fact that you're able to leave

958
00:58:59,560 --> 00:59:04,080
 in my multiple routes helps to reduce the traffic impact on the area, and it will have

959
00:59:04,080 --> 00:59:07,920
 to meet all of our lighting requirements.

960
00:59:07,920 --> 00:59:09,980
 All of the standard public outreach was done.

961
00:59:09,980 --> 00:59:15,380
 We did receive one response in favor.

962
00:59:15,380 --> 00:59:20,240
 So with all that, this does meet all of our approval for criteria, both regular and specific

963
00:59:20,240 --> 00:59:21,720
 to the SEP.

964
00:59:21,720 --> 00:59:25,680
 Staff does recommend approval with a number of conditions, and these are essentially designed

965
00:59:25,680 --> 00:59:31,520
 to incorporate the key elements of the plan, while also providing some staff flexibility

966
00:59:31,520 --> 00:59:37,480
 in areas where landscaping is located, how many are designed.

967
00:59:37,480 --> 00:59:41,360
 With that, that is my presentation, and I will stand for any questions.

968
00:59:41,360 --> 00:59:42,680
 >> Thank you, Sean.

969
00:59:42,680 --> 00:59:44,840
 Any questions at this time for Sean?

970
00:59:44,840 --> 00:59:45,840
 Okay.

971
00:59:45,840 --> 00:59:47,800
 I do not see any.

972
00:59:47,800 --> 00:59:50,240
 Thank you very much.

973
00:59:50,240 --> 00:59:52,960
 I do have some cards in front of me.

974
00:59:52,960 --> 00:59:59,880
 The first will be the applicant, so I will invite Amy Bissett up and get the presentation.

975
00:59:59,880 --> 01:00:02,280
 >> Good evening, Chair and commissioners.

976
01:00:02,280 --> 01:00:07,440
 Amy Bissett, 97 LAN, 109 North Elm, Denton 76201.

977
01:00:07,440 --> 01:00:10,400
 I do have a presentation, so I'm going to pull that up here.

978
01:00:10,400 --> 01:00:11,400
 >> Thank you.

979
01:00:11,400 --> 01:00:15,400
 >> Give me just a moment.

980
01:00:15,400 --> 01:00:21,560
 As Sean mentioned earlier, this has come before you previously in August of '22.

981
01:00:21,560 --> 01:00:23,840
 I was not involved with the project at that time.

982
01:00:23,840 --> 01:00:32,440
 I was contacted after the recommendation of denial and engaged specifically to facilitate

983
01:00:32,440 --> 01:00:40,180
 neighborhood engagement activities prior to them redesigning their site and resubmitting

984
01:00:40,180 --> 01:00:42,640
 to the city for new reviews.

985
01:00:42,640 --> 01:00:49,120
 And so I'm going to speak specifically to my activities and the neighborhood engagement

986
01:00:49,120 --> 01:00:54,200
 that we have endeavored to take on over the last year.

987
01:00:54,200 --> 01:00:58,560
 In fact, I was engaged just almost exactly a year ago and have been active on the project

988
01:00:58,560 --> 01:01:00,960
 since then.

989
01:01:00,960 --> 01:01:05,680
 As you know, this is a four-acre site located just north of Sprouts.

990
01:01:05,680 --> 01:01:08,160
 It's predominantly one- and two-bedroom units.

991
01:01:08,160 --> 01:01:14,520
 There are 94 units, and 86 of those are one- or two-bedroom units.

992
01:01:14,520 --> 01:01:20,000
 And as you know, the zoning requires an SUP, and this has been here before with a recommendation

993
01:01:20,000 --> 01:01:21,840
 of denial.

994
01:01:21,840 --> 01:01:28,120
 When we were brought on to assist with neighborhood engagement, we took a broader outreach to

995
01:01:28,120 --> 01:01:30,740
 include full subdivisions.

996
01:01:30,740 --> 01:01:36,040
 With our first round of neighborhood meetings, we mailed to every address in Lexington Park

997
01:01:36,040 --> 01:01:44,800
 about 280 addresses, and in addition, we contacted the HOA and utilized their distribution list

998
01:01:44,800 --> 01:01:47,720
 by email and their social media.

999
01:01:47,720 --> 01:01:53,880
 And we also contacted the HOA for Wheeler Ridge and provided digital invites to that

1000
01:01:53,880 --> 01:01:56,360
 neighborhood as well.

1001
01:01:56,360 --> 01:02:02,240
 We launched a dedicated web page that provided ongoing information over the last year to

1002
01:02:02,240 --> 01:02:04,840
 the neighborhood every time an update was made.

1003
01:02:04,840 --> 01:02:11,800
 And we recorded every single meeting and made it available to anyone within these neighborhoods

1004
01:02:11,800 --> 01:02:16,480
 who had reached out to us and expressed an interest in learning more, whether they attended

1005
01:02:16,480 --> 01:02:18,320
 a meeting or not.

1006
01:02:18,320 --> 01:02:20,760
 We held our first three meetings in November.

1007
01:02:20,760 --> 01:02:24,080
 They were virtual because it was so close to Thanksgiving.

1008
01:02:24,080 --> 01:02:30,640
 And with those first three meetings, we received 46 RSVPs and an additional seven requests

1009
01:02:30,640 --> 01:02:32,440
 for information.

1010
01:02:32,440 --> 01:02:36,080
 Not everybody attended those meetings, but they were well attended.

1011
01:02:36,080 --> 01:02:40,240
 And we provided the recording of the meetings and the slides afterwards to anyone who had

1012
01:02:40,240 --> 01:02:42,280
 reached out to us.

1013
01:02:42,280 --> 01:02:46,800
 I'm going to walk you through in a few minutes kind of the iteration of what came out of

1014
01:02:46,800 --> 01:02:48,520
 those November meetings.

1015
01:02:48,520 --> 01:02:53,160
 And then we went back to the drawing board and came back in January for two in-person

1016
01:02:53,160 --> 01:02:57,720
 meetings where we had 16 RSVPs total.

1017
01:02:57,720 --> 01:03:05,360
 And at the conclusion of those meetings, we began the staff review process with the city

1018
01:03:05,360 --> 01:03:06,640
 again.

1019
01:03:06,640 --> 01:03:11,720
 We went through five submittals with the staff between January and August of this year.

1020
01:03:11,720 --> 01:03:16,000
 And when we were released to come to public hearing tonight, we held two additional virtual

1021
01:03:16,000 --> 01:03:22,280
 meetings on October 2nd with 22 RSVPs.

1022
01:03:22,280 --> 01:03:27,200
 So that was seven neighborhood meetings total over the course of the last year.

1023
01:03:27,200 --> 01:03:33,640
 I'm not going to rehash the zoning designation or the SUP requirements, as Sean covered those

1024
01:03:33,640 --> 01:03:35,000
 in detail.

1025
01:03:35,000 --> 01:03:40,360
 What I do want to do is talk you through the iterations that have occurred and why over

1026
01:03:40,360 --> 01:03:41,620
 the last year.

1027
01:03:41,620 --> 01:03:46,300
 This was the original site plan that came forward in August of '22.

1028
01:03:46,300 --> 01:03:51,320
 Just make a note at the bottom of the screen where the north arrow is pointed to your left.

1029
01:03:51,320 --> 01:03:55,880
 Most of the time you're going to see that orientation because of the shape and length

1030
01:03:55,880 --> 01:03:57,800
 of the building.

1031
01:03:57,800 --> 01:04:00,680
 So this was the original site plan.

1032
01:04:00,680 --> 01:04:06,760
 When it came to PNZ, we heard concerns about access and safety through sprouts and the

1033
01:04:06,760 --> 01:04:11,760
 additional traffic, the lack of on-site amenities and specific concerns from the Lexington Park

1034
01:04:11,760 --> 01:04:19,000
 HOA about the ease of access to their pool and pond and trails and playground.

1035
01:04:19,000 --> 01:04:22,720
 We heard security concerns between the multi-family and single-family.

1036
01:04:22,720 --> 01:04:27,280
 The scale of the development, the adequate amount of open space and concerns about drainage

1037
01:04:27,280 --> 01:04:30,080
 issues.

1038
01:04:30,080 --> 01:04:35,560
 The way we identified and addressed the access and traffic concerns, this is the original

1039
01:04:35,560 --> 01:04:42,400
 site plan again and you can see the two primary points of access to the site we relocated.

1040
01:04:42,400 --> 01:04:47,600
 This shows it with the sprouts overlay where you can see that one of those points of access

1041
01:04:47,600 --> 01:04:53,400
 kind of directly dumped out into the front door or the front drive aisle through sprouts.

1042
01:04:53,400 --> 01:05:02,640
 So we relocated that to the other end of the site to where the access was pushed to drive

1043
01:05:02,640 --> 01:05:08,440
 behind sprouts where there's a 30-foot public access easement today.

1044
01:05:08,440 --> 01:05:15,100
 And that is shown here on the updated aerial.

1045
01:05:15,100 --> 01:05:20,520
 On-site amenities, the original site plan did not include the on-site amenities that

1046
01:05:20,520 --> 01:05:24,240
 the neighborhood was concerned would be problematic for them.

1047
01:05:24,240 --> 01:05:31,960
 So in our initial iteration in November, we did add a playground and a pool and the walking

1048
01:05:31,960 --> 01:05:39,080
 trails that were closest to the neighborhood and the pond, we proposed a wrought iron fence

1049
01:05:39,080 --> 01:05:43,400
 around those walking trails to prevent direct access.

1050
01:05:43,400 --> 01:05:51,840
 Here are some of the renderings from those presentations in November.

1051
01:05:51,840 --> 01:05:58,840
 And then this was the original rendering that you saw last August and then this was the

1052
01:05:58,840 --> 01:06:05,520
 updated rendering in November of last year.

1053
01:06:05,520 --> 01:06:10,920
 We had addressed detention by identifying that there's both dry detention pond that's

1054
01:06:10,920 --> 01:06:17,960
 above ground as well as underground detention proposed as shown on this site that extends

1055
01:06:17,960 --> 01:06:23,120
 the length of the majority of the parking lot that's above ground.

1056
01:06:23,120 --> 01:06:26,600
 We heard from the neighbors at that point in time that they were still concerned about

1057
01:06:26,600 --> 01:06:32,160
 the scale and height of the building, that the architecture seemed flat was the description.

1058
01:06:32,160 --> 01:06:37,320
 Fence concerns, they wanted to see a fence between us and the single family, but they

1059
01:06:37,320 --> 01:06:41,640
 were concerned that it'd be tall enough and that we'd be able to receive approval from

1060
01:06:41,640 --> 01:06:44,720
 FEMA and they wanted to see a larger pool.

1061
01:06:44,720 --> 01:06:47,120
 They felt like it was too small.

1062
01:06:47,120 --> 01:06:51,500
 Concerned about noise and light from the car wash and tree sizes and landscape buffer.

1063
01:06:51,500 --> 01:06:57,400
 So in January, we came back and proposed the removal of the fourth story hard corner nearest

1064
01:06:57,400 --> 01:07:03,160
 the neighborhood to provide height relief, increased building material variation to provide

1065
01:07:03,160 --> 01:07:07,560
 greater architectural softness and an increased pool size.

1066
01:07:07,560 --> 01:07:11,440
 We also relocated all of the walking trails to the other side of the building so that

1067
01:07:11,440 --> 01:07:16,840
 there was no residential view of the trails around the pond that might invite them to

1068
01:07:16,840 --> 01:07:21,480
 cross the crossover into the Lexington Park neighborhood.

1069
01:07:21,480 --> 01:07:25,960
 We made a commitment to plant large canopy trees for visual buffering and additional

1070
01:07:25,960 --> 01:07:30,280
 screening hedges and we doubled the tree canopy requirements.

1071
01:07:30,280 --> 01:07:33,840
 We relocated the fence to the edge of the parking lot and placed trees and landscape

1072
01:07:33,840 --> 01:07:38,200
 buffering between the fence and the neighborhood so that we fenced the residents on one side

1073
01:07:38,200 --> 01:07:44,520
 and then provide all of the green buffering on the other side closer to the neighborhood.

1074
01:07:44,520 --> 01:07:47,360
 These are renderings from January.

1075
01:07:47,360 --> 01:07:49,720
 These are renderings from now.

1076
01:07:49,720 --> 01:07:56,000
 So now that the actual building materials have been selected and updated, we reflected

1077
01:07:56,000 --> 01:07:57,560
 those in the renderings.

1078
01:07:57,560 --> 01:08:01,920
 You can see the rooftop terrace that is a drop, basically the removal of that fourth

1079
01:08:01,920 --> 01:08:07,920
 story unit and there's been added a lattice with greenery to provide a visual screening

1080
01:08:07,920 --> 01:08:14,440
 between the rooftop patrons and being able to look out at the pond and the neighborhood.

1081
01:08:14,440 --> 01:08:19,080
 There's an overall height reduction and you can see the building materials that were selected.

1082
01:08:19,080 --> 01:08:21,980
 This is the view across the pond last January.

1083
01:08:21,980 --> 01:08:27,880
 This is the view across the pond today based on the changes that have been made.

1084
01:08:27,880 --> 01:08:32,480
 I'm going to walk through, I'm going to skip the rest of what I've got here because I'm

1085
01:08:32,480 --> 01:08:35,400
 going to show you a visual of it here in just a moment.

1086
01:08:35,400 --> 01:08:41,720
 January renderings, October renderings, here's a rendering that shows the pool, the larger

1087
01:08:41,720 --> 01:08:47,120
 pool size as it's currently programmed, the playground and the walking trails that are

1088
01:08:47,120 --> 01:08:50,720
 on the opposite side of the building from the neighborhood.

1089
01:08:50,720 --> 01:08:55,520
 This is the overall site plan that includes the underground parking and really focuses

1090
01:08:55,520 --> 01:09:01,440
 on working with the existing topography and focuses on the landscape and tree buffering

1091
01:09:01,440 --> 01:09:04,880
 between the development and the existing neighborhood to the north.

1092
01:09:04,880 --> 01:09:08,960
 So I want to zoom in on that for a moment and show a couple of elements.

1093
01:09:08,960 --> 01:09:13,360
 The bright blue line is the six foot wrought iron fence.

1094
01:09:13,360 --> 01:09:19,360
 Then you've got the transplant of six significant sized cedar elms from other locations on the

1095
01:09:19,360 --> 01:09:25,680
 site shown here in the dark green plus the additional, there's 11 larger canopy trees

1096
01:09:25,680 --> 01:09:31,120
 that are being proposed that are a mix of two different tree species plus a continuous

1097
01:09:31,120 --> 01:09:37,640
 row of possum haul hollies along the wrought iron fence and of the Nellie Stevens hollies

1098
01:09:37,640 --> 01:09:42,960
 along the existing wire fence north of the site that's on our property line.

1099
01:09:42,960 --> 01:09:48,240
 Here's what both of those look like, the Nellie Stevens hollies grow 12 to 15 feet in height

1100
01:09:48,240 --> 01:09:50,320
 and do provide a continuous screening.

1101
01:09:50,320 --> 01:09:54,960
 There were some questions from the neighbors about whether or not those were appropriate

1102
01:09:54,960 --> 01:09:56,440
 choices for this area.

1103
01:09:56,440 --> 01:10:02,320
 They are both appropriate in terms of being in the correct zone and being able to survive

1104
01:10:02,320 --> 01:10:06,040
 the winters and the summers here.

1105
01:10:06,040 --> 01:10:13,720
 And as Sean covered, our landscape percentages and tree canopy percentages are more than

1106
01:10:13,720 --> 01:10:18,440
 double what is required by the SC zoning.

1107
01:10:18,440 --> 01:10:21,800
 We did get some additional comments from neighbors and if you don't mind I'll just wrap with

1108
01:10:21,800 --> 01:10:22,800
 this.

1109
01:10:22,800 --> 01:10:25,080
 This is my last slide and I won't go through all of these.

1110
01:10:25,080 --> 01:10:30,800
 What was provided in your backup in addition to the notification map, the last two pages

1111
01:10:30,800 --> 01:10:34,840
 were a chat record from our last two neighborhood meetings.

1112
01:10:34,840 --> 01:10:41,120
 The longer list was from the 6 p.m. meeting and the shorter list was from the noon meeting.

1113
01:10:41,120 --> 01:10:45,160
 We do have answers to some of those questions if you would like to hear them today or want

1114
01:10:45,160 --> 01:10:50,040
 to go into specifics on any of these comments from the neighbors.

1115
01:10:50,040 --> 01:10:55,040
 They were comments that were made or questions that were asked in the chat during the meeting

1116
01:10:55,040 --> 01:10:58,780
 itself and we just kept a record of that.

1117
01:10:58,780 --> 01:11:04,440
 To your question, Commissioner Villarreal, there were four people who commented in the

1118
01:11:04,440 --> 01:11:12,040
 chat record that had questions or expressly directed or expressed opposition in that record

1119
01:11:12,040 --> 01:11:14,960
 and I'm happy to go into more detail on any of that.

1120
01:11:14,960 --> 01:11:18,880
 And I do have both her and the engineer if you have specific questions for either of

1121
01:11:18,880 --> 01:11:20,680
 them.

1122
01:11:20,680 --> 01:11:24,600
 I think that the developer did want to come up and say a couple words and is it correct

1123
01:11:24,600 --> 01:11:26,600
 that we would be combined 20 minutes for that?

1124
01:11:26,600 --> 01:11:27,600
 Yes, correct.

1125
01:11:27,600 --> 01:11:28,600
 Okay.

1126
01:11:28,600 --> 01:11:30,600
 Then I'm going to invite Tony Hader up here with Christians and Companies.

1127
01:11:30,600 --> 01:11:31,600
 Great.

1128
01:11:31,600 --> 01:11:36,220
 And we do have a brief video to play as well that I'll start while she talks.

1129
01:11:36,220 --> 01:11:37,220
 Sure.

1130
01:11:37,220 --> 01:11:38,220
 Good evening.

1131
01:11:38,220 --> 01:11:39,220
 My name is Tony Hader.

1132
01:11:39,220 --> 01:11:41,440
 Tony, I need you in front of the microphone.

1133
01:11:41,440 --> 01:11:42,440
 Thank you very much.

1134
01:11:42,440 --> 01:11:44,740
 My name is Tony Hader.

1135
01:11:44,740 --> 01:11:49,420
 I'm with Christians and Companies and we are looking to come into your lovely community

1136
01:11:49,420 --> 01:11:53,800
 and I first wanted to just start off with thanking Sean for the intro to our project

1137
01:11:53,800 --> 01:11:59,560
 and he's been wonderful to work with for collaboration, getting this plan updated to where it's at

1138
01:11:59,560 --> 01:12:02,760
 and then also with Amy helping us on board.

1139
01:12:02,760 --> 01:12:05,640
 It has been fantastic working with her, working with the public.

1140
01:12:05,640 --> 01:12:07,240
 So that has been great.

1141
01:12:07,240 --> 01:12:13,440
 Through this video, through this video, kind of just shows the overall idea of what we're

1142
01:12:13,440 --> 01:12:14,440
 looking at.

1143
01:12:14,440 --> 01:12:18,520
 And then I do also have a board that has our actual building materials on if you would

1144
01:12:18,520 --> 01:12:29,080
 like to see it, if you want to pass it around if I may start on one end and pick the other.

1145
01:12:29,080 --> 01:12:38,920
 So, going through kind of your comprehensive plans, your plan for 2040, it does look like

1146
01:12:38,920 --> 01:12:43,200
 you have almost half of your housings are actually rented out instead of owned.

1147
01:12:43,200 --> 01:12:47,380
 And this location is actually under 15 minutes from the two universities that you guys have

1148
01:12:47,380 --> 01:12:49,020
 in your community as well.

1149
01:12:49,020 --> 01:12:52,800
 So we want, you know, we listen to the public, the comments that they had.

1150
01:12:52,800 --> 01:12:54,200
 We want to be good neighbors.

1151
01:12:54,200 --> 01:12:58,480
 We want everybody that's around our apartment building to enjoy being around our apartment

1152
01:12:58,480 --> 01:13:01,480
 building and be in addition to the community.

1153
01:13:01,480 --> 01:13:07,200
 So, unless anybody has any specific questions for me.

1154
01:13:07,200 --> 01:13:11,080
 >> I believe we do.

1155
01:13:11,080 --> 01:13:12,080
 Commissioner Prout.

1156
01:13:12,080 --> 01:13:13,720
 >> Thank you, Chair.

1157
01:13:13,720 --> 01:13:14,920
 Just a question.

1158
01:13:14,920 --> 01:13:20,800
 I guess a lot has changed since this first came to us last year.

1159
01:13:20,800 --> 01:13:27,320
 Just ballpark with the time delay plus the redesign plus the changes in the design.

1160
01:13:27,320 --> 01:13:32,560
 Could you put a number from my head on how much we think we've increased the rents on

1161
01:13:32,560 --> 01:13:36,920
 the proposed units versus the plan last year?

1162
01:13:36,920 --> 01:13:39,300
 >> We have not increased the rents.

1163
01:13:39,300 --> 01:13:44,000
 It's just part of developing the developer cost to make sure that we get the design that

1164
01:13:44,000 --> 01:13:45,000
 the city wants.

1165
01:13:45,000 --> 01:13:49,520
 They're still between the 1,000 and 2,000 per month, depending on whether it's a one-bedroom

1166
01:13:49,520 --> 01:13:50,520
 or a three-bedroom.

1167
01:13:50,520 --> 01:13:51,520
 >> Okay.

1168
01:13:51,520 --> 01:13:52,520
 Thank you.

1169
01:13:52,520 --> 01:13:54,280
 >> You will have three bedrooms, I thought.

1170
01:13:54,280 --> 01:14:03,040
 >> Yep, there's eight three-bedroom, 41-bedroom and 46 two-bedroom.

1171
01:14:03,040 --> 01:14:06,720
 >> Anything else for the applicant at this time?

1172
01:14:06,720 --> 01:14:07,800
 Okay.

1173
01:14:07,800 --> 01:14:08,800
 Thank you very much.

1174
01:14:08,800 --> 01:14:09,800
 >> Sounds good.

1175
01:14:09,800 --> 01:14:10,800
 Thank you for your time.

1176
01:14:10,800 --> 01:14:11,800
 >> Appreciate it.

1177
01:14:11,800 --> 01:14:12,800
 Okay.

1178
01:14:12,800 --> 01:14:13,800
 This is a public hearing.

1179
01:14:13,800 --> 01:14:17,800
 I have some cards, but you are welcome to speak even if I don't have a card from you

1180
01:14:17,800 --> 01:14:22,440
 yet and I will ask again multiple times.

1181
01:14:22,440 --> 01:14:28,520
 First card I have is Ryan Juergensmeyer.

1182
01:14:28,520 --> 01:14:29,520
 Good evening.

1183
01:14:29,520 --> 01:14:32,120
 If you'll state your name and address, your time will begin.

1184
01:14:32,120 --> 01:14:33,120
 >> Thank you.

1185
01:14:33,120 --> 01:14:34,120
 Good evening, commissioners.

1186
01:14:34,120 --> 01:14:35,120
 My name is Ryan Juergensmeyer.

1187
01:14:35,120 --> 01:14:41,580
 I've been a resident of Denton for seven years, and I currently reside in Lexington Park.

1188
01:14:41,580 --> 01:14:45,200
 We gathered here today to speak in unison and voice our opposition to this project.

1189
01:14:45,200 --> 01:14:49,040
 There are several reasons why we, the voters, your constituents, citizens of Denton, do

1190
01:14:49,040 --> 01:14:54,080
 not want the apartment building in the small lot proposed by this developer.

1191
01:14:54,080 --> 01:14:57,840
 The current area has more and more of us speaking out to the injustices placed upon the people

1192
01:14:57,840 --> 01:15:01,360
 while those with money, power, and influence make the decisions that impact the people

1193
01:15:01,360 --> 01:15:03,360
 they do not represent.

1194
01:15:03,360 --> 01:15:07,880
 These out of state developers have come to Denton as part of the growth gold rush.

1195
01:15:07,880 --> 01:15:11,620
 They want an apartment building to maximize profits when they see the dangling care handled

1196
01:15:11,620 --> 01:15:14,720
 by a representative stating the need for more housing.

1197
01:15:14,720 --> 01:15:17,840
 The problem with this project is that there are already established neighborhoods of single

1198
01:15:17,840 --> 01:15:21,680
 family homes and many apartment buildings in the area.

1199
01:15:21,680 --> 01:15:26,800
 Hickory Creek Ranch Apartments is only .8 miles away, has 212 units.

1200
01:15:26,800 --> 01:15:33,580
 The Hunter's Creek Apartments, located only 1.2 miles away, has 214 units.

1201
01:15:33,580 --> 01:15:37,800
 Along with these apartments, and within a five-mile radius of the proposed project,

1202
01:15:37,800 --> 01:15:42,160
 there's also Hilltop Road Village Apartments, Holley Tree Apartments, Canopy at South Lakes

1203
01:15:42,160 --> 01:15:45,880
 Apartments, Woodhill Apartments, London Berry Oaks Apartments, Waters Edge Apartments, Pace

1204
01:15:45,880 --> 01:15:50,560
 Crossing Apartments, the Ridge at North Texas Apartments, Providence Place Apartments Home,

1205
01:15:50,560 --> 01:15:55,640
 Preserva Pecan Creek Apartments, Lodge at Pecan Creek Apartments, Millennium Place Apartments,

1206
01:15:55,640 --> 01:16:02,000
 Kensington Park Apartments, the Lakeshore Apartments, Ashley Village Apartments, and Lakeshore Village

1207
01:16:02,000 --> 01:16:03,440
 Apartments.

1208
01:16:03,440 --> 01:16:06,760
 That's all within five-mile radius of the proposed lot.

1209
01:16:06,760 --> 01:16:11,740
 That's for a grand total of 3,498 units already existing.

1210
01:16:11,740 --> 01:16:17,440
 Also, this list does not include the numerous townhomes, condos, and single-family detached

1211
01:16:17,440 --> 01:16:21,720
 housing also available for rent, nor does this include those apartment buildings outside

1212
01:16:21,720 --> 01:16:26,520
 the five-mile radius, where numerous large-scale apartment complexes are in various phases

1213
01:16:26,520 --> 01:16:27,920
 of being approved and built.

1214
01:16:27,920 --> 01:16:31,200
 And I think we know that from North Den, there's several, several projects.

1215
01:16:31,200 --> 01:16:34,680
 We have a lot of land and a lot of space, and there's a lot of apartment buildings.

1216
01:16:34,680 --> 01:16:38,720
 But this is where we're focusing on this four-acre lot in our backyards.

1217
01:16:38,720 --> 01:16:42,340
 However beneficial renting is for those that are not in a position to buy a home at any

1218
01:16:42,340 --> 01:16:47,680
 given point in time, building wealth in a strong community comes in the form of homeownership.

1219
01:16:47,680 --> 01:16:51,520
 Those that currently live in the area of this proposed project need places to eat and shop

1220
01:16:51,520 --> 01:16:52,600
 nearby.

1221
01:16:52,600 --> 01:16:56,120
 Not more apartments, car washes, and urgent care centers.

1222
01:16:56,120 --> 01:17:00,400
 We were not able to stop the building of the car wash on the same lot, nor the new urgent

1223
01:17:00,400 --> 01:17:05,660
 care center built next door, even though there's an existing and operational urgent care within

1224
01:17:05,660 --> 01:17:10,380
 less than a quarter mile of that one.

1225
01:17:10,380 --> 01:17:14,340
 There's a total of 11 car washes within a five-mile radius of Tommy's Express car wash

1226
01:17:14,340 --> 01:17:17,040
 that was just built on the same lot.

1227
01:17:17,040 --> 01:17:20,840
 We don't want Den to become a town of apartments, car washes, and urgent cares.

1228
01:17:20,840 --> 01:17:24,560
 At this rate, it seems as if this battle has been lost.

1229
01:17:24,560 --> 01:17:27,840
 Those of us living in the Den and surrounding areas, because of the love of open land and

1230
01:17:27,840 --> 01:17:32,920
 old Texas way, we don't want to, oh, I'm sorry.

1231
01:17:32,920 --> 01:17:36,640
 We don't want to live in Dallas, Fort Worth, or Lewisville, where almost every open piece

1232
01:17:36,640 --> 01:17:40,440
 of land has been paved over to mirror that of Los Angeles.

1233
01:17:40,440 --> 01:17:43,920
 You have an opportunity to embrace the culture of the people you represent and do work on

1234
01:17:43,920 --> 01:17:46,520
 their behalf, and not the behalf of the developer.

1235
01:17:46,520 --> 01:17:50,440
 There's plenty of available housing for Den to grow, and plenty of available land to expand

1236
01:17:50,440 --> 01:17:51,440
 into.

1237
01:17:51,440 --> 01:17:55,320
 But dropping a four-story apartment building on a small open lot, where the proposed building

1238
01:17:55,320 --> 01:17:59,060
 will be the tallest building around for miles and miles due to the land height and the height

1239
01:17:59,060 --> 01:18:03,680
 of the building, will be the new beacon and symbol of Den, the new apartment mecca of

1240
01:18:03,680 --> 01:18:05,360
 DFW.

1241
01:18:05,360 --> 01:18:09,020
 What legacy do you want to be a part of, keeping culture and heritage of the people intact

1242
01:18:09,020 --> 01:18:12,440
 or pushing aside the voices of your people for outside interest?

1243
01:18:12,440 --> 01:18:18,520
 We all hope you choose to shut this project down, and thank you for your time and consideration.

1244
01:18:18,520 --> 01:18:22,880
 And while I do have just a little bit of time left, I do want to address, because I did

1245
01:18:22,880 --> 01:18:26,280
 see in the agenda all the attachments that were there.

1246
01:18:26,280 --> 01:18:34,120
 Obviously, Exhibit 9 shows the buffer notification map, the 500-foot buffer and 200-foot buffer

1247
01:18:34,120 --> 01:18:35,120
 zone.

1248
01:18:35,120 --> 01:18:39,880
 Obviously, there are six houses total within that 500-foot buffer zone, and I know that

1249
01:18:39,880 --> 01:18:45,400
 the -- if I could just finish up real quick, too.

1250
01:18:45,400 --> 01:18:46,400
 Of course.

1251
01:18:46,400 --> 01:18:49,080
 Also, Exhibit 12 is the fiscal summary.

1252
01:18:49,080 --> 01:18:53,000
 This one kind of struck me, because it looks like here it's over a 20-year total general

1253
01:18:53,000 --> 01:18:54,780
 fund impacts.

1254
01:18:54,780 --> 01:19:00,480
 General fund net impact over 20 years is $40,200.

1255
01:19:00,480 --> 01:19:05,920
 Take into account current inflation rates from the last 20 years, $1 is equal to $1.67.

1256
01:19:05,920 --> 01:19:11,440
 So let's go ahead and cut this down to $20,000 over 20 years or a net increase to our budget

1257
01:19:11,440 --> 01:19:13,440
 of $1,000 a year.

1258
01:19:13,440 --> 01:19:18,540
 And I know that we had a number of people, residents, that spoke out on this project

1259
01:19:18,540 --> 01:19:20,840
 this last year when this was being developed, and we had more engagement.

1260
01:19:20,840 --> 01:19:25,080
 I felt like there was more communication from the builder and developer in response to that

1261
01:19:25,080 --> 01:19:26,080
 at that time.

1262
01:19:26,080 --> 01:19:30,360
 The only reason that I received notification for the latest meeting is because I attended

1263
01:19:30,360 --> 01:19:31,360
 the last one.

1264
01:19:31,360 --> 01:19:33,960
 We didn't get notification in the cards or anything else, so once we found out, we had

1265
01:19:33,960 --> 01:19:34,960
 to spread the words ourselves.

1266
01:19:34,960 --> 01:19:39,840
 So I think there's a little bit more of a lack of community engagement this time around

1267
01:19:39,840 --> 01:19:42,920
 after the change has been made, but the apartment building is still the apartment building no

1268
01:19:42,920 --> 01:19:45,520
 matter how we dress it up.

1269
01:19:45,520 --> 01:19:46,520
 Thank you.

1270
01:19:46,520 --> 01:19:50,040
 Thank you.

1271
01:19:50,040 --> 01:19:58,760
 Next card I have is Ellen Keim.

1272
01:19:58,760 --> 01:20:00,760
 My apologies.

1273
01:20:00,760 --> 01:20:01,760
 Thank you.

1274
01:20:01,760 --> 01:20:06,440
 I have the wrong agenda item.

1275
01:20:06,440 --> 01:20:08,360
 Okay.

1276
01:20:08,360 --> 01:20:16,600
 Next card I have for this one is actually the only other card I have is Stephanie Newhart.

1277
01:20:16,600 --> 01:20:25,320
 Hello.

1278
01:20:25,320 --> 01:20:26,320
 Good evening, everyone.

1279
01:20:26,320 --> 01:20:29,360
 It's good to see some of you again.

1280
01:20:29,360 --> 01:20:31,880
 A little over a year ago today ... Hey, Stephanie.

1281
01:20:31,880 --> 01:20:34,800
 Will you state your name and address, and then we'll begin your time.

1282
01:20:34,800 --> 01:20:35,800
 Thank you.

1283
01:20:35,800 --> 01:20:36,800
 Stephanie Newhart.

1284
01:20:36,800 --> 01:20:37,800
 Thank you.

1285
01:20:37,800 --> 01:20:41,240
 4316 Bay Meadow Drive, Denton, Texas, 76210.

1286
01:20:41,240 --> 01:20:46,120
 A little over a year ago today, I sat in front of most of you in opposition of this development

1287
01:20:46,120 --> 01:20:47,120
 meeting.

1288
01:20:47,120 --> 01:20:52,120
 That meeting was a catalyst to a whole lot more meetings, including one with almost each

1289
01:20:52,120 --> 01:20:53,400
 of you.

1290
01:20:53,400 --> 01:20:57,360
 Those meetings brought me so much insight, clarity, and forethought into the attempted

1291
01:20:57,360 --> 01:20:59,480
 intentionality of Denton.

1292
01:20:59,480 --> 01:21:04,940
 The framework we are creating, using, and changing to establish developments.

1293
01:21:04,940 --> 01:21:10,480
 Chairman Smith, you taught me that it's so much more than just about buildings and people.

1294
01:21:10,480 --> 01:21:14,760
 It's about the individual gears operating the entire city together that have to move

1295
01:21:14,760 --> 01:21:20,600
 simultaneously to work so pieces don't get left behind or broken.

1296
01:21:20,600 --> 01:21:24,880
 That Denton is unique, facilitating three major economies that directly impact each

1297
01:21:24,880 --> 01:21:28,000
 one of us, whether we realize it or not.

1298
01:21:28,000 --> 01:21:30,800
 Each piece is just as important as the other.

1299
01:21:30,800 --> 01:21:35,480
 Chairman Cole, you taught me that it's more important to keep deeply committed because

1300
01:21:35,480 --> 01:21:37,980
 it's more than just developing the future.

1301
01:21:37,980 --> 01:21:43,160
 It's about making sure that we plan that because the land we're building on was the foundation

1302
01:21:43,160 --> 01:21:49,080
 of its people's past, and that we're building on top of a whole lot of memories.

1303
01:21:49,080 --> 01:21:53,000
 That families have grown and changed, and that the land can't always sit there.

1304
01:21:53,000 --> 01:21:57,860
 It was understanding that because of families like yours, the state is now passing on tax

1305
01:21:57,860 --> 01:21:58,860
 breaks.

1306
01:21:58,860 --> 01:22:03,480
 It's important to recognize that homesteaded homes are not the reason for the $30 billion

1307
01:22:03,480 --> 01:22:04,520
 surplus.

1308
01:22:04,520 --> 01:22:08,520
 It's because of families like yours that are passing on their heritage to make way for

1309
01:22:08,520 --> 01:22:10,760
 new homes and families.

1310
01:22:10,760 --> 01:22:16,360
 In doing so, the financial burden has created a spread where once one ag-exempt owner is

1311
01:22:16,360 --> 01:22:19,680
 now possibly hundreds of taxpaying representatives.

1312
01:22:19,680 --> 01:22:22,840
 Madam Chair, you taught me that it's not about politics.

1313
01:22:22,840 --> 01:22:26,440
 It's about a team collaborating with a vision established by a local committee to make sure

1314
01:22:26,440 --> 01:22:29,400
 we don't forget where we started.

1315
01:22:29,400 --> 01:22:34,980
 In hearing all sides of the story, so we do it, the Denton way, that you are all a team

1316
01:22:34,980 --> 01:22:37,680
 of people who live and work here.

1317
01:22:37,680 --> 01:22:41,520
 All of you shop at the same grocery stores that I do.

1318
01:22:41,520 --> 01:22:44,920
 These conversations led me to run for City Council because I wanted to see things being

1319
01:22:44,920 --> 01:22:46,360
 done differently.

1320
01:22:46,360 --> 01:22:49,880
 I wanted to see better projects and hold developers accountable.

1321
01:22:49,880 --> 01:22:53,400
 A year ago, it was never about flattening this project.

1322
01:22:53,400 --> 01:22:57,600
 It was about bringing the community into the fold and making it better for all of us.

1323
01:22:57,600 --> 01:23:00,120
 I understand why my neighbors are still upset.

1324
01:23:00,120 --> 01:23:02,920
 It's 95 units where it used to be zero.

1325
01:23:02,920 --> 01:23:06,880
 This developer took our feedback and truly made an attempt to alleviate the burden that

1326
01:23:06,880 --> 01:23:11,640
 it would cause our neighborhoods specifically and on our HOA amenities.

1327
01:23:11,640 --> 01:23:16,680
 As someone who owns and operates apartment units, pools and playgrounds and general amenities

1328
01:23:16,680 --> 01:23:22,720
 are incredibly expensive not only to build, maintain, but also to ensure.

1329
01:23:22,720 --> 01:23:26,600
 Adding these features was a gigantic financial impact to this developer and therefore they

1330
01:23:26,600 --> 01:23:28,680
 weren't able to reduce the scale.

1331
01:23:28,680 --> 01:23:33,200
 But honestly, this was actually the best option for a multifamily unit here.

1332
01:23:33,200 --> 01:23:37,960
 If this developer were to reduce the scale but continue not to provide amenities, the

1333
01:23:37,960 --> 01:23:40,440
 impact on us would have been immediate.

1334
01:23:40,440 --> 01:23:43,720
 My goal was always to find the best for all parties.

1335
01:23:43,720 --> 01:23:47,680
 This developer did that to the best of their abilities within the difficult landscape they're

1336
01:23:47,680 --> 01:23:49,280
 building on.

1337
01:23:49,280 --> 01:23:50,840
 Denton is growing.

1338
01:23:50,840 --> 01:23:55,600
 The projections show that we will be the center of the Metroplex in 25 years.

1339
01:23:55,600 --> 01:24:01,080
 The goal is to guide the growth, not control the growth.

1340
01:24:01,080 --> 01:24:04,280
 Design for City Council requires tough decisions.

1341
01:24:04,280 --> 01:24:09,280
 I very uniquely had an opportunity to possibly be voting on this.

1342
01:24:09,280 --> 01:24:14,080
 Therefore, while it may not be the majority voice in the room tonight among my neighbors,

1343
01:24:14,080 --> 01:24:18,200
 had I made a council seat, my consideration would actually be to approve this development's

1344
01:24:18,200 --> 01:24:24,040
 SUP, understanding that they're required to maintain the project as promised.

1345
01:24:24,040 --> 01:24:29,440
 Had I removed my home from the equation, this is an approvable project and that's what this

1346
01:24:29,440 --> 01:24:31,300
 is about.

1347
01:24:31,300 --> 01:24:33,160
 Thank you for all of your hard work.

1348
01:24:33,160 --> 01:24:37,640
 Your positions are often thankless but necessary and vital and I appreciate all the time each

1349
01:24:37,640 --> 01:24:39,560
 of you have committed to this.

1350
01:24:39,560 --> 01:24:47,360
 My hope is to join you and continue making sure that we don't lose what we love about

1351
01:24:47,360 --> 01:24:48,360
 Denton.

1352
01:24:48,360 --> 01:24:50,360
 Thank you.

1353
01:24:50,360 --> 01:24:54,720
 I don't have any other cards in front of me but is there anyone else wishing to speak on

1354
01:24:54,720 --> 01:25:00,000
 this item?

1355
01:25:00,000 --> 01:25:06,960
 Seeing none, I will close the public hearing and open the floor for discussion or a motion.

1356
01:25:06,960 --> 01:25:07,960
 Commissioner Smith.

1357
01:25:07,960 --> 01:25:09,640
 I'm going to make a motion to approve.

1358
01:25:09,640 --> 01:25:17,100
 I'd like to just say thank you to citizen comments on the opposition, the fear coming

1359
01:25:17,100 --> 01:25:19,320
 in with this apartment complex.

1360
01:25:19,320 --> 01:25:22,800
 I live about a mile from this project site location as well.

1361
01:25:22,800 --> 01:25:30,000
 I was also in opposition of this project when it first came through so to developer, consultant

1362
01:25:30,000 --> 01:25:34,240
 and engineer, you guys did an awesome job of listening to what I think the commission

1363
01:25:34,240 --> 01:25:36,040
 said as well as what the citizens brought up.

1364
01:25:36,040 --> 01:25:43,080
 I think that while it was definitely more costly and more time consuming, the amount

1365
01:25:43,080 --> 01:25:47,960
 of neighborhood meetings and feedback and responses to that feedback is probably in

1366
01:25:47,960 --> 01:25:54,560
 my six going on seven years on the commission, probably the most responsive I've seen developer

1367
01:25:54,560 --> 01:25:55,560
 with the neighborhood.

1368
01:25:55,560 --> 01:26:00,740
 And so I'm very happy to motion to approve this.

1369
01:26:00,740 --> 01:26:01,740
 Commissioner Cole.

1370
01:26:01,740 --> 01:26:10,320
 So I'll second it and also this, I wish we saw more of this pragmatism and compromise

1371
01:26:10,320 --> 01:26:13,580
 in the city.

1372
01:26:13,580 --> 01:26:20,840
 For the applicant, the neighborhood and the city staff to keep at this and keep engaging

1373
01:26:20,840 --> 01:26:22,780
 with one another.

1374
01:26:22,780 --> 01:26:29,800
 This is how it should be and we have an empty seat up here tonight because our elected officials

1375
01:26:29,800 --> 01:26:36,800
 don't know what compromise and pragmatism is and you are a real shining light in this

1376
01:26:36,800 --> 01:26:37,800
 whole process.

1377
01:26:37,800 --> 01:26:44,560
 I was a no last time, I will be voting to approve.

1378
01:26:44,560 --> 01:26:45,560
 Thank you.

1379
01:26:45,560 --> 01:26:48,240
 We've got a first and a second in starting discussion.

1380
01:26:48,240 --> 01:26:49,240
 Commissioner McDade.

1381
01:26:49,240 --> 01:26:50,240
 Thank you Madam Chair.

1382
01:26:50,240 --> 01:26:56,520
 I was going to say that when it first came, I was also a no, but I was very, I was very

1383
01:26:56,520 --> 01:27:04,320
 impressed when I heard the applicant say that they were going to take in all the extra dollars

1384
01:27:04,320 --> 01:27:07,960
 and not pass it on to the consumer.

1385
01:27:07,960 --> 01:27:14,040
 That really impressed me and with that being said, I will vote yes on this.

1386
01:27:14,040 --> 01:27:18,700
 Okay, we've got a first and a second for approval.

1387
01:27:18,700 --> 01:27:19,700
 More discussion.

1388
01:27:19,700 --> 01:27:20,700
 Commissioner Villarreal.

1389
01:27:20,700 --> 01:27:25,920
 Yes, I really appreciate everything you've done to engage the community here.

1390
01:27:25,920 --> 01:27:32,240
 Stephanie, I appreciate your work to compromise on this.

1391
01:27:32,240 --> 01:27:34,320
 I appreciate the changes made.

1392
01:27:34,320 --> 01:27:39,180
 However, with that being said, I still don't think this plot of land makes too much sense

1393
01:27:39,180 --> 01:27:43,680
 for an apartment complex of this size, so I'm going to continue to vote no on this.

1394
01:27:43,680 --> 01:27:46,200
 Thank you.

1395
01:27:46,200 --> 01:27:48,000
 Commissioner Pruitt.

1396
01:27:48,000 --> 01:27:51,680
 Thank you Chair.

1397
01:27:51,680 --> 01:27:53,900
 I think it's a better project.

1398
01:27:53,900 --> 01:27:57,860
 By better I mean more expensive.

1399
01:27:57,860 --> 01:28:05,320
 It's going to attract a different future resident.

1400
01:28:05,320 --> 01:28:11,240
 Perhaps the nearby neighbors will not run in fear of people who have a little bit closer

1401
01:28:11,240 --> 01:28:15,800
 to the amount of money that they have.

1402
01:28:15,800 --> 01:28:21,160
 I'll just point that there's an article that Professor Maureen Brady recently published

1403
01:28:21,160 --> 01:28:25,560
 in the Harvard Law Review entitled Turning Neighbors into Nuisances.

1404
01:28:25,560 --> 01:28:37,500
 And it's a historical take on how private law governed nuisances, and then eventually

1405
01:28:37,500 --> 01:28:40,920
 that morphed into zoning.

1406
01:28:40,920 --> 01:28:46,160
 And I'll just say we're doing a really good job of making sure housing that is built in

1407
01:28:46,160 --> 01:28:54,680
 this city is not affordable, and we need to start turning neighbors into neighbors.

1408
01:28:54,680 --> 01:28:56,220
 Thank you.

1409
01:28:56,220 --> 01:28:59,500
 Thank you Commissioner Pruitt.

1410
01:28:59,500 --> 01:29:01,560
 Any other discussion?

1411
01:29:01,560 --> 01:29:04,560
 I guess I haven't said anything yet.

1412
01:29:04,560 --> 01:29:08,080
 You know I struggle with this the first time around.

1413
01:29:08,080 --> 01:29:13,340
 I'm still struggling with it, and it really has nothing to do with the fact of apartments

1414
01:29:13,340 --> 01:29:14,340
 going here.

1415
01:29:14,340 --> 01:29:19,560
 I think apartments are certainly appropriate and an appropriate neighbor here.

1416
01:29:19,560 --> 01:29:29,500
 My issue is with the size of the lot, the topography of the lot, this small-ish complex

1417
01:29:29,500 --> 01:29:34,640
 becomes a giant complex because of the way it's going to sit on that lot.

1418
01:29:34,640 --> 01:29:46,920
 And as well, I think this is one of the most poorly designed ingress and egress developments

1419
01:29:46,920 --> 01:29:49,040
 that we have.

1420
01:29:49,040 --> 01:29:52,820
 I'm there every weekend.

1421
01:29:52,820 --> 01:29:58,520
 It is very difficult at times to get in and out and around that complex.

1422
01:29:58,520 --> 01:30:06,560
 And adding 94 apartments to that, and you don't have anywhere to go with ingress and

1423
01:30:06,560 --> 01:30:11,360
 egress, and I appreciate very much the reconfiguration of this.

1424
01:30:11,360 --> 01:30:18,340
 I think it's tremendous engineering to only lose one unit from the original and add all

1425
01:30:18,340 --> 01:30:25,120
 of these things, and moving driveways and whatnot, but you're still basically shuffling

1426
01:30:25,120 --> 01:30:34,640
 cars in and out of the same very small space that has multiple retail around it, you know,

1427
01:30:34,640 --> 01:30:40,360
 this car wash right there, the new Einsteins, which is bringing in a tremendous amount of

1428
01:30:40,360 --> 01:30:47,320
 cars, the couple of drive-throughs that we have, I mean, it's complicated now.

1429
01:30:47,320 --> 01:30:54,600
 So while I greatly appreciate the neighborhood engagement, I think that is imperative as

1430
01:30:54,600 --> 01:30:56,280
 Commissioner Cole said.

1431
01:30:56,280 --> 01:30:59,720
 That's what we need to keep on doing.

1432
01:30:59,720 --> 01:31:08,480
 And I'm happy that we did have a neighbor come and speak in favor, and that's great.

1433
01:31:08,480 --> 01:31:13,920
 But my issue remains, I mean, we've got specific use permits in place in the SC corridor on

1434
01:31:13,920 --> 01:31:19,480
 purpose, and that's not only to say, oh, the project is really pretty and appropriate,

1435
01:31:19,480 --> 01:31:23,560
 is it appropriate for this specific spot.

1436
01:31:23,560 --> 01:31:27,480
 That's what it's there for, that's why we do this.

1437
01:31:27,480 --> 01:31:34,120
 And while I think it really is pretty, and I think that a lot of what was done and redone

1438
01:31:34,120 --> 01:31:44,280
 to appease fears of the neighborhood, I just, I can't get on board with trying to cram this

1439
01:31:44,280 --> 01:31:48,240
 in on this elevated lot.

1440
01:31:48,240 --> 01:31:51,400
 So with that, and I think, is there anyone else wishing to speak?

1441
01:31:51,400 --> 01:31:53,560
 I think we've all said something.

1442
01:31:53,560 --> 01:32:06,200
 I'm going to go ahead and ask for a vote.

1443
01:32:06,200 --> 01:32:09,200
 That motion will carry for two.

1444
01:32:09,200 --> 01:32:13,320
 And I will ask Sean this, when does this go to city council?

1445
01:32:13,320 --> 01:32:14,320
 Please.

1446
01:32:14,320 --> 01:32:17,240
 I think it's at 7th.

1447
01:32:17,240 --> 01:32:18,360
 November 7th.

1448
01:32:18,360 --> 01:32:19,360
 Okay.

1449
01:32:19,360 --> 01:32:22,720
 So the city council will hear this on November 7th.

1450
01:32:22,720 --> 01:32:23,840
 Okay.

1451
01:32:23,840 --> 01:32:27,920
 Thank you very much.

1452
01:32:27,920 --> 01:32:35,380
 That will move us to our next public hearing item, which is 5B, S23-0005.

1453
01:32:35,380 --> 01:32:38,840
 I will invite Angie up for presentation and open the public hearing.

1454
01:32:38,840 --> 01:32:44,280
 Hey, good evening, chair, members of the commission, Angie Manglaris, senior planner.

1455
01:32:44,280 --> 01:32:48,440
 Give me just a moment here.

1456
01:32:48,440 --> 01:32:56,200
 Okay, this is S23-005, Olivia Apartments.

1457
01:32:56,200 --> 01:33:05,960
 This is an SUP request for a multifamily dwelling use on approximately 22.81 acres of land located

1458
01:33:05,960 --> 01:33:13,760
 just south of Dutchess Drive, approximately 740 feet to the west of loop 288.

1459
01:33:13,760 --> 01:33:17,200
 The subject property is zoned suburban corridor.

1460
01:33:17,200 --> 01:33:23,600
 Urban corridor lists multifamily as a permitted use with approval of a specific use permit,

1461
01:33:23,600 --> 01:33:26,440
 which is why we're here before you this evening.

1462
01:33:26,440 --> 01:33:29,000
 The site is situated, like I said, near loop 288.

1463
01:33:29,000 --> 01:33:30,280
 It is a primary arterial.

1464
01:33:30,280 --> 01:33:34,720
 It has four travel lanes, Dutchess Drive, where the site will take access off of as a

1465
01:33:34,720 --> 01:33:36,920
 collector with two travel lanes.

1466
01:33:36,920 --> 01:33:41,000
 It does have a five-foot sidewalk along the northern portion.

1467
01:33:41,000 --> 01:33:42,920
 The site is currently undeveloped.

1468
01:33:42,920 --> 01:33:47,520
 It does have significant ESA on site, and that includes upland habitat, undeveloped flood

1469
01:33:47,520 --> 01:33:51,160
 plain riparian buffers, as well as water-related ESAs.

1470
01:33:51,160 --> 01:33:53,880
 The surrounding uses, there's a variety of them.

1471
01:33:53,880 --> 01:33:57,000
 There's some multifamily to the north and east of the site.

1472
01:33:57,000 --> 01:33:58,680
 There are duplexes.

1473
01:33:58,680 --> 01:34:01,800
 There's developing single-family and the adjacent R4 zoning.

1474
01:34:01,800 --> 01:34:06,640
 There are also some professional offices across of Dutchess Drive and next door to the subject

1475
01:34:06,640 --> 01:34:08,920
 property to the east of it.

1476
01:34:08,920 --> 01:34:14,320
 So, there's a variety of land uses in and around Dutchess Drive, as well as along the

1477
01:34:14,320 --> 01:34:19,760
 loop 288 corridor in the vicinity of where this site is located.

1478
01:34:19,760 --> 01:34:21,360
 Give you an overview of this site plan.

1479
01:34:21,360 --> 01:34:25,440
 As I said, it is 22.81 acres of land on that.

1480
01:34:25,440 --> 01:34:28,080
 They're proposing seven buildings.

1481
01:34:28,080 --> 01:34:33,560
 Four of those buildings are your traditional low-rise, multifamily buildings.

1482
01:34:33,560 --> 01:34:38,000
 The remaining three, which are kind of tucked here in the corner, are more of a townhome-style

1483
01:34:38,000 --> 01:34:40,480
 cottage product.

1484
01:34:40,480 --> 01:34:46,920
 Between those seven units, there are 262 apartment dwelling bedrooms.

1485
01:34:46,920 --> 01:34:53,620
 On site, there are 448 parking spaces, 114 bicycle parking spaces, and the site is designed

1486
01:34:53,620 --> 01:34:58,280
 so that really those main buildings hug Dutchess Drive and frame the entrances.

1487
01:34:58,280 --> 01:35:00,120
 The parking is tucked in the back.

1488
01:35:00,120 --> 01:35:05,040
 There's internal pedestrian circulation, which takes access off of Dutchess Drive, works

1489
01:35:05,040 --> 01:35:09,720
 its way through the site, providing connectivity to and from the apartment complexes, and then

1490
01:35:09,720 --> 01:35:17,440
 eventually stubs out towards the bottom for potential future parks trail dedication.

1491
01:35:17,440 --> 01:35:20,880
 There's also on-site amenities for residents of the site to use.

1492
01:35:20,880 --> 01:35:25,440
 That includes two dog parks, passive and active areas for open space, an amenity center, as

1493
01:35:25,440 --> 01:35:26,560
 well as a pool.

1494
01:35:26,560 --> 01:35:31,960
 There is approximately 6.7 acres of ESA land that is proposed to be dedicated to the Parks

1495
01:35:31,960 --> 01:35:34,480
 Department to be kept in its natural state.

1496
01:35:34,480 --> 01:35:38,380
 Part of the conditions of approval with this that's being recommended is if for some reason

1497
01:35:38,380 --> 01:35:42,720
 that parkland dedication does not go through, the property owner keep and maintain that

1498
01:35:42,720 --> 01:35:46,880
 land area in its natural state.

1499
01:35:46,880 --> 01:35:51,040
 Looking at the landscape plan in a little bit more detail, they are required or they're

1500
01:35:51,040 --> 01:35:55,560
 providing a landscape buffer along this western property boundary where adjacent to single

1501
01:35:55,560 --> 01:36:00,120
 family uses that are currently being developed.

1502
01:36:00,120 --> 01:36:04,920
 Within that buffer, they're preserving 50% of the existing tree canopy.

1503
01:36:04,920 --> 01:36:09,060
 They're also providing internal landscaping.

1504
01:36:09,060 --> 01:36:14,440
 Your traditional nine by 18 landscaped islands with canopy trees are located within there.

1505
01:36:14,440 --> 01:36:22,760
 On-site, they're providing approximately 57% tree canopy coverage, 61% of landscaped area.

1506
01:36:22,760 --> 01:36:31,240
 That is 505,000 square feet roughly of landscaped area of that approximately 367,000, 100,000

1507
01:36:31,240 --> 01:36:34,560
 of that is to remain undisturbed.

1508
01:36:34,560 --> 01:36:38,280
 They're providing our required street tree requirements of one tree per every 30 feet

1509
01:36:38,280 --> 01:36:45,280
 along Dutchess Drive and the plans reflect a generally 43% preservation of their total

1510
01:36:45,280 --> 01:36:46,980
 land area on-site.

1511
01:36:46,980 --> 01:36:49,400
 That's a little bit deeper look at the landscape plan.

1512
01:36:49,400 --> 01:36:55,040
 I want to talk about conceptual elevations because the building height in areas of transition

1513
01:36:55,040 --> 01:36:57,640
 does come into play with this project.

1514
01:36:57,640 --> 01:37:01,160
 These townhome buildings, the ones that I pointed out earlier, are within 50 feet of

1515
01:37:01,160 --> 01:37:03,680
 R6 zoning.

1516
01:37:03,680 --> 01:37:07,000
 They're not allowed to exceed the height of the allowable height in the R6 zoning which

1517
01:37:07,000 --> 01:37:08,400
 is 40 feet.

1518
01:37:08,400 --> 01:37:12,720
 These buildings come in at approximately 24 feet and eight inches.

1519
01:37:12,720 --> 01:37:19,480
 Then we're between 50 feet and 100 feet of R6, they're allowed the allowable height of

1520
01:37:19,480 --> 01:37:22,920
 the R6 zoning plus 15 feet which is 55 feet.

1521
01:37:22,920 --> 01:37:25,520
 That's also the allowable height of the SC zoning district.

1522
01:37:25,520 --> 01:37:29,280
 However, all of these buildings come in at roughly 39 feet, six inches.

1523
01:37:29,280 --> 01:37:33,160
 Just kind of give you an idea of what the product will look like as well as how they

1524
01:37:33,160 --> 01:37:38,200
 meet our height adjacency requirements.

1525
01:37:38,200 --> 01:37:41,800
 Looking at this and how it matches with our comprehensive plan, the future land use designation

1526
01:37:41,800 --> 01:37:46,960
 is moderate residential which is intended to apply in areas of central Denton.

1527
01:37:46,960 --> 01:37:51,360
 Transition zones between existing single family uses and mixed use areas towards our commercial

1528
01:37:51,360 --> 01:37:52,360
 corridors.

1529
01:37:52,360 --> 01:37:56,560
 This product is consistent with the goals of moderate residential.

1530
01:37:56,560 --> 01:38:01,160
 It does serve as a transition area as you get closer to Loop 288 and it's consistent

1531
01:38:01,160 --> 01:38:06,680
 with the development patterns and scales that we see in and along the Loop 288 corridor.

1532
01:38:06,680 --> 01:38:12,320
 The urban design principles in the comprehensive plan and table 4.1 call for a number of standards

1533
01:38:12,320 --> 01:38:17,400
 but this building demonstrates siding the buildings along Dutchess Drive, framing those

1534
01:38:17,400 --> 01:38:22,640
 entry ways, situating our parking behind buildings so it's not immediately visible to those who

1535
01:38:22,640 --> 01:38:24,560
 are driving along the right of way.

1536
01:38:24,560 --> 01:38:29,280
 It's preserving existing tree canopy in ESA and is also compatible in scale to the developments

1537
01:38:29,280 --> 01:38:30,580
 around it.

1538
01:38:30,580 --> 01:38:35,800
 This does meet our continued housing goals of meeting needs of residents and a diverse

1539
01:38:35,800 --> 01:38:40,480
 style of product as well as price points and it also meets our land use goals to grow compactly

1540
01:38:40,480 --> 01:38:47,840
 by providing development within the Loop in an area that's adjacent to existing services,

1541
01:38:47,840 --> 01:38:52,360
 career opportunities, retail and existing residential.

1542
01:38:52,360 --> 01:38:57,080
 It does meet that of developing compactly, developing the land inside the Loop provides

1543
01:38:57,080 --> 01:39:05,240
 access to key components of the city and then also the site itself is developing compactly

1544
01:39:05,240 --> 01:39:10,240
 whereas the most northern portion of the site is being developed while that southern portion,

1545
01:39:10,240 --> 01:39:16,400
 approximately 43% of it is being preserved in accordance with our ESA regulations.

1546
01:39:16,400 --> 01:39:21,320
 Speaking of ESA regulations, the preferred land use plan generally follows our official

1547
01:39:21,320 --> 01:39:22,600
 ESA map.

1548
01:39:22,600 --> 01:39:27,920
 As you can see here, there is a substantial amount of ESAs on this site.

1549
01:39:27,920 --> 01:39:32,680
 As I mentioned, there's upland habitat, there's water related ESAs, there's riparian buffer.

1550
01:39:32,680 --> 01:39:38,360
 The site does demonstrate consistency with our approval criteria for environmentally

1551
01:39:38,360 --> 01:39:43,240
 sensitive areas in the DDC and is currently showing again preservation of approximately

1552
01:39:43,240 --> 01:39:46,480
 43% of the total property.

1553
01:39:46,480 --> 01:39:51,080
 At this time, the site does not need an alternative ESA and is compliant with our goals of land

1554
01:39:51,080 --> 01:39:52,240
 preservation.

1555
01:39:52,240 --> 01:39:55,520
 As I mentioned in work session, if for some reason something changes during the civils

1556
01:39:55,520 --> 01:39:59,040
 and it doesn't appear that they're able to meet those ESA requirements, they would be

1557
01:39:59,040 --> 01:40:02,720
 back before you all with an alt ESA plan that would be a public hearing that would need

1558
01:40:02,720 --> 01:40:05,520
 to be approved.

1559
01:40:05,520 --> 01:40:09,800
 As part of the overall land preservation and wildlife corridors, one of the key action

1560
01:40:09,800 --> 01:40:14,320
 items that did come out of the 2040 plan was identifying and mapping wildlife corridors

1561
01:40:14,320 --> 01:40:16,720
 and that's this map that you see here.

1562
01:40:16,720 --> 01:40:18,680
 So I'll explain this a little bit.

1563
01:40:18,680 --> 01:40:22,440
 The green areas that you see, these are the green space areas that were identified in

1564
01:40:22,440 --> 01:40:24,680
 the wildlife corridor mappings.

1565
01:40:24,680 --> 01:40:26,600
 These are consistent with what the ESA map shows.

1566
01:40:26,600 --> 01:40:29,760
 So when you look at the two land areas, you'll see they follow the same pattern.

1567
01:40:29,760 --> 01:40:36,960
 This darker line here is what's estimated to be the wildlife corridor.

1568
01:40:36,960 --> 01:40:41,520
 The wildlife corridor on this site is generally estimated to exist parallel to that Pecan

1569
01:40:41,520 --> 01:40:47,860
 Creek tributary that's running along this portion of the property line.

1570
01:40:47,860 --> 01:40:51,600
 The proposed buildings on site, when you look at how close they might be to the wildlife

1571
01:40:51,600 --> 01:40:58,680
 corridor, the closest building from where the estimated corridor is is 214 feet.

1572
01:40:58,680 --> 01:41:04,020
 The perimeter fence is 145 feet away from where this estimated wildlife corridor is

1573
01:41:04,020 --> 01:41:05,020
 to be.

1574
01:41:05,020 --> 01:41:10,240
 So by preserving this lower 43% of the site and leaving it undeveloped and in its natural

1575
01:41:10,240 --> 01:41:15,840
 state, they're also meeting that they're providing buffering between where the buildings

1576
01:41:15,840 --> 01:41:24,520
 may be and the wildlife corridors, leaving that area of the site largely untouched.

1577
01:41:24,520 --> 01:41:32,000
 Looking at mitigating adverse impacts, which is a criteria for approval for SUPs, they

1578
01:41:32,000 --> 01:41:38,400
 again, as we said earlier, are providing that western buffer to where will be a future residential

1579
01:41:38,400 --> 01:41:39,400
 developments.

1580
01:41:39,400 --> 01:41:43,840
 They are required to provide some offset improvements per their TIA.

1581
01:41:43,840 --> 01:41:47,120
 One of those is to construct the southern half of Dutchess from Mockingbird to the eastern

1582
01:41:47,120 --> 01:41:48,480
 site boundary.

1583
01:41:48,480 --> 01:41:52,520
 Along with that, they would be responsible for constructing their portion of the sidewalk

1584
01:41:52,520 --> 01:41:56,680
 and shared use path that is supposed to go along Dutchess Drive, and then also providing

1585
01:41:56,680 --> 01:42:03,280
 re-striping to provide a two-way left turn lane from Mockingbird Lane to Dutchess Drive.

1586
01:42:03,280 --> 01:42:06,360
 In addition to that, they're required to meet our standing lighting details, which

1587
01:42:06,360 --> 01:42:10,960
 means at the property line, light spillover shall not be greater than one foot candle.

1588
01:42:10,960 --> 01:42:18,480
 They're providing 61% area of landscape coverage and 57% of tree canopy, respectively, we require

1589
01:42:18,480 --> 01:42:23,760
 in the SC 20% landscape coverage and 30% tree canopy coverage, so they are exceeding our

1590
01:42:23,760 --> 01:42:26,440
 minimum requirements.

1591
01:42:26,440 --> 01:42:32,560
 The upland habitat preservation requirements in the DDC specifies that residential developments

1592
01:42:32,560 --> 01:42:37,080
 preserve 50% of the upland habitat, which is what this development is held to and they

1593
01:42:37,080 --> 01:42:38,880
 are demonstrating compliance with.

1594
01:42:38,880 --> 01:42:45,160
 I do want to note that SC allows a range of uses, many of those are commercial, so this

1595
01:42:45,160 --> 01:42:51,760
 is able to mitigate adverse impacts to the upland habitat better than a commercial development

1596
01:42:51,760 --> 01:42:56,080
 might be able to because a commercial development would be allowed to reduce their preservation

1597
01:42:56,080 --> 01:42:57,840
 to 30%.

1598
01:42:57,840 --> 01:43:03,160
 By developing as residential, you're arguably preserving more of that upland habitat area,

1599
01:43:03,160 --> 01:43:08,400
 and those preservation requirements also require that that area remain largely intact, so there's

1600
01:43:08,400 --> 01:43:12,200
 not separation of areas that are identified as upland habitat.

1601
01:43:12,200 --> 01:43:16,600
 And then as we discussed earlier, they're compliant with our height and transition zones,

1602
01:43:16,600 --> 01:43:20,320
 so the buildings that are closest to the residential are matching that scale and providing the

1603
01:43:20,320 --> 01:43:24,760
 compatibility and architecture that we want when we have multi-family developments next

1604
01:43:24,760 --> 01:43:28,480
 to residential developments.

1605
01:43:28,480 --> 01:43:31,400
 I don't have this on the slide here, but I did want to mention that the applicant don't

1606
01:43:31,400 --> 01:43:35,220
 hold two neighborhood meetings, they were earlier this summer, there were no attendees

1607
01:43:35,220 --> 01:43:41,200
 at those, we did send out notifications to those within 200 and 500 feet, I did receive

1608
01:43:41,200 --> 01:43:45,840
 three letters in favor to those responses.

1609
01:43:45,840 --> 01:43:50,040
 We are recommending approval, there are a number of, as this meets our criteria for

1610
01:43:50,040 --> 01:43:55,920
 general approval as well as our specific criteria for specific use permit approval, with a number

1611
01:43:55,920 --> 01:43:57,200
 of conditions.

1612
01:43:57,200 --> 01:44:04,040
 Those conditions are related to tying down the site as you see it today, specifying the

1613
01:44:04,040 --> 01:44:08,320
 number of units that are allowed, the minimum landscape area that we expect to see, the

1614
01:44:08,320 --> 01:44:15,080
 preservation of the ESA, the stipulation that if they're not able to comply with our ESA

1615
01:44:15,080 --> 01:44:19,640
 regulations, that they do have to get an all ESA plan, as well as our standard language

1616
01:44:19,640 --> 01:44:23,700
 that allows for some staff flexibility to accommodate for minor planting adjustments

1617
01:44:23,700 --> 01:44:27,080
 that may need to be made along the way.

1618
01:44:27,080 --> 01:44:30,120
 We are recommending approval, as I said, with those conditions.

1619
01:44:30,120 --> 01:44:35,680
 The next step for this project would be city council at the 24th.

1620
01:44:35,680 --> 01:44:41,320
 I know this doesn't quite allow for the one meeting between when you originally hear it

1621
01:44:41,320 --> 01:44:46,080
 and city council, but as we get closer to the end of the year and we have fewer meetings,

1622
01:44:46,080 --> 01:44:50,360
 as well as trying to mitigate the number of public hearings we have on any one item, kind

1623
01:44:50,360 --> 01:44:53,720
 of just trying to do the best we can going forward.

1624
01:44:53,720 --> 01:44:56,360
 With that, I'm happy to answer any questions you all may have.

1625
01:44:56,360 --> 01:45:01,640
 The applicant is also here, I believe they have a presentation, and I'm done.

1626
01:45:01,640 --> 01:45:02,640
 >> Thank you, Angie.

1627
01:45:02,640 --> 01:45:06,760
 Any questions for Angie at this time?

1628
01:45:06,760 --> 01:45:08,600
 Thank you.

1629
01:45:08,600 --> 01:45:10,240
 Okay.

1630
01:45:10,240 --> 01:45:14,920
 Now I will call up Ellen.

1631
01:45:14,920 --> 01:45:18,920
 Okay.

1632
01:45:18,920 --> 01:45:19,920
 That works.

1633
01:45:19,920 --> 01:45:38,140
 However you want to use your time, it's fine.

1634
01:45:38,140 --> 01:45:39,140
 Hello there.

1635
01:45:39,140 --> 01:45:40,140
 >> Hi.

1636
01:45:40,140 --> 01:45:41,140
 How are you all?

1637
01:45:41,140 --> 01:45:44,200
 >> Will you state your name and address for us?

1638
01:45:44,200 --> 01:45:45,200
 For the record, please.

1639
01:45:45,200 --> 01:45:46,200
 >> Yeah.

1640
01:45:46,200 --> 01:45:47,480
 My name is Griffin with Trumont group.

1641
01:45:47,480 --> 01:45:53,400
 Our address is 14241 Dallas Parkway, we're in Addison.

1642
01:45:53,400 --> 01:45:58,000
 I founded Trumont group about seven years ago.

1643
01:45:58,000 --> 01:45:59,720
 We're originally from Fargo, North Dakota.

1644
01:45:59,720 --> 01:46:04,720
 I'm here today to kind of put a face behind the name of who we are and why we want to

1645
01:46:04,720 --> 01:46:08,360
 be working with you all in the city of Denton.

1646
01:46:08,360 --> 01:46:14,760
 Primarily, quickly my role with the company, I oversee our operations, new investments,

1647
01:46:14,760 --> 01:46:19,720
 our staff, and projects and our developments.

1648
01:46:19,720 --> 01:46:24,760
 You know, we started Trumont largely in part to create value and that's across the board

1649
01:46:24,760 --> 01:46:26,880
 and create win-win situations.

1650
01:46:26,880 --> 01:46:36,200
 That means for ourselves, obviously, our partners, our stakeholders, our design team partners

1651
01:46:36,200 --> 01:46:43,360
 and consultants, and importantly, most importantly, our stakeholders being our residents and future

1652
01:46:43,360 --> 01:46:46,560
 residents and the cities that we work within.

1653
01:46:46,560 --> 01:46:51,200
 We're super keen to work alongside cities.

1654
01:46:51,200 --> 01:46:54,640
 Angie has been amazing to work with wherever she went.

1655
01:46:54,640 --> 01:47:01,920
 So thank you for your responsiveness and, you know, we went through three rounds of

1656
01:47:01,920 --> 01:47:05,440
 comments and back and forth with your staff.

1657
01:47:05,440 --> 01:47:11,040
 Each and every one of them in the departments has been responsive, which we greatly appreciate.

1658
01:47:11,040 --> 01:47:14,160
 We met with Councilwoman Bird.

1659
01:47:14,160 --> 01:47:19,720
 She obviously we'll see her in a few weeks and the rest of the team, but, you know, we

1660
01:47:19,720 --> 01:47:27,880
 have her verbal support and a lot of her incorporations into this design as well.

1661
01:47:27,880 --> 01:47:33,680
 And at the end of the day, if we're not creating win-win situations, it's not a project that

1662
01:47:33,680 --> 01:47:35,280
 we want to be a part of.

1663
01:47:35,280 --> 01:47:41,760
 We certainly, as Angie noted, did not have the same community outreach and input on the

1664
01:47:41,760 --> 01:47:42,760
 project.

1665
01:47:42,760 --> 01:47:45,720
 We had plenty of city input.

1666
01:47:45,720 --> 01:47:51,760
 Y'all's development code is strict, which we can appreciate.

1667
01:47:51,760 --> 01:47:57,880
 I think it's important to note that we had no variances and that we complied with everything

1668
01:47:57,880 --> 01:48:00,280
 within it.

1669
01:48:00,280 --> 01:48:06,360
 We believe that the community outreach was limited in this case, largely because of the

1670
01:48:06,360 --> 01:48:14,560
 location that we're in and we truly believe that this location is meant for apartments,

1671
01:48:14,560 --> 01:48:20,000
 not only by our viewpoint, but y'all's as well as Angie noted in the comprehensive plan

1672
01:48:20,000 --> 01:48:21,360
 and then what current zoning.

1673
01:48:21,360 --> 01:48:28,000
 And I appreciate your comment in the last public hearing of this specific use permit

1674
01:48:28,000 --> 01:48:34,620
 is there for your review to see if it fits this specific piece of land, which again,

1675
01:48:34,620 --> 01:48:36,720
 we obviously stand by.

1676
01:48:36,720 --> 01:48:42,840
 I'll just note quickly on our partnership, the partners that we founded this with, it's

1677
01:48:42,840 --> 01:48:46,520
 been my best friend since the first grade.

1678
01:48:46,520 --> 01:48:53,080
 Our extended partnership has many units, largely throughout the Midwest where we're from and

1679
01:48:53,080 --> 01:48:55,760
 a history of owning apartments for 30 years.

1680
01:48:55,760 --> 01:49:01,240
 So our intention is to be here for the long-term, to be owners for the long-term and to be very

1681
01:49:01,240 --> 01:49:05,640
 much a part of the communities that we build and develop within.

1682
01:49:05,640 --> 01:49:08,400
 We are the contractor of record as well.

1683
01:49:08,400 --> 01:49:15,520
 That company is Trumont Construction, also owned by myself and my other two partners.

1684
01:49:15,520 --> 01:49:22,080
 Again, because we believe in developing quality projects, controlling that quality and complying

1685
01:49:22,080 --> 01:49:27,800
 from the minute our vision merges with y'all's all the way through completion and through

1686
01:49:27,800 --> 01:49:35,720
 ownership for the next hopefully couple decades that we're alongside y'all.

1687
01:49:35,720 --> 01:49:43,680
 I will, Angie did a phenomenal job kind of outlining the project, so I'll skip a little

1688
01:49:43,680 --> 01:49:47,960
 bit about the location, but just quickly on the project progress, again, we've been through

1689
01:49:47,960 --> 01:49:50,120
 three rounds of comments.

1690
01:49:50,120 --> 01:49:55,200
 We have our design team lead internally, Ellen's our project design manager and then we've

1691
01:49:55,200 --> 01:50:02,440
 got our engineer and our landscape architect as well here to address specifics and how

1692
01:50:02,440 --> 01:50:11,440
 we've worked with a very challenging site that's, if not developed the right way, may

1693
01:50:11,440 --> 01:50:18,680
 never be developed and again, how we believe we're enhancing the specific area that we're

1694
01:50:18,680 --> 01:50:21,320
 in.

1695
01:50:21,320 --> 01:50:24,780
 We attended your working session, so we're prepared to address a few of the questions

1696
01:50:24,780 --> 01:50:33,480
 that were brought up and as far as the rental rates and the type of community that we're

1697
01:50:33,480 --> 01:50:37,720
 aiming to develop, it's in that same price point.

1698
01:50:37,720 --> 01:50:45,760
 I believe we were about an average rental of $16.50 across the community, but that's

1699
01:50:45,760 --> 01:50:58,200
 a blend of our one, two and three bedroom units and yes, again, I'll just be repeating

1700
01:50:58,200 --> 01:51:05,400
 Angie here, but I'll just quickly get into the type of developments that we have, typically

1701
01:51:05,400 --> 01:51:13,440
 they're market rate, class A developments, the amenities that we have.

1702
01:51:13,440 --> 01:51:20,360
 We believe to be industry leading, I can't tell you the amount of time that we spend

1703
01:51:20,360 --> 01:51:27,920
 thinking and forward thinking again, we intend to own these properties for the long term

1704
01:51:27,920 --> 01:51:35,800
 and the amount of redrawing that we do to properly fit the amenities that will serve

1705
01:51:35,800 --> 01:51:43,380
 today and tomorrow and also make room for plenty of green space and outdoor living.

1706
01:51:43,380 --> 01:51:49,120
 As Angie said, we've preserved 43% of the site, some by necessity, but we've made concessions

1707
01:51:49,120 --> 01:51:56,480
 down from an original plan of over 300 units to 262 to fit y'all's Denton Development

1708
01:51:56,480 --> 01:52:02,840
 Code, but also to make a site plan that we believe will be effective and desirable for

1709
01:52:02,840 --> 01:52:09,840
 the long term, I'll let Alan get into a couple of those details, but first we're going to

1710
01:52:09,840 --> 01:52:21,680
 call up Josh with Quiddity our civil engineer, sorry I was off in another land, but I'm happy

1711
01:52:21,680 --> 01:52:26,200
 to answer any questions, we're super excited to be here, we've been looking in the City

1712
01:52:26,200 --> 01:52:31,260
 of Denton for five years now, we haven't got to submit a plan, I've gotten to know Ron

1713
01:52:31,260 --> 01:52:39,120
 McGinty in the planning department for a while, most recently Angie, we've shared this plan

1714
01:52:39,120 --> 01:52:44,120
 with Ron before Angie was on the case and he was excited about it and supportive of

1715
01:52:44,120 --> 01:52:55,320
 the location and we're just, recognize Denton's growth of course, as y'all do as well, but

1716
01:52:55,320 --> 01:52:59,760
 we're here to be a part of it and really excited to be here, so thank you.

1717
01:52:59,760 --> 01:53:05,320
 Good evening commissioner, my name's Josh, I'm with Quiddity Engineering and my address

1718
01:53:05,320 --> 01:53:10,560
 is 2657 Gosling Way, Fort Worth, Texas, I wanted to address some of the concerns brought

1719
01:53:10,560 --> 01:53:16,520
 up during the work session, Commissioner McDade, you mentioned the concern about traffic, we

1720
01:53:16,520 --> 01:53:21,680
 had a traffic impact analysis approved in July, as part of that traffic impact analysis,

1721
01:53:21,680 --> 01:53:27,320
 we worked with the city to incorporate the adjacent traffic impact analysis, it's done

1722
01:53:27,320 --> 01:53:31,780
 along the 288 corridor in Dutchess Drive so that we're looking at the overall picture

1723
01:53:31,780 --> 01:53:36,160
 of what traffic is doing in the area, not just our site specific, as part of that traffic

1724
01:53:36,160 --> 01:53:43,080
 impact analysis, the determination was that we needed to build out the south portion of

1725
01:53:43,080 --> 01:53:48,640
 Dutchess Drive along our property frontage and striped that to incorporate a two way

1726
01:53:48,640 --> 01:53:54,200
 left turn lane, in addition we'll be providing the sidewalk shared use path along the south

1727
01:53:54,200 --> 01:54:01,200
 portion of that drive. From a civil engineering perspective, the site will be designed with

1728
01:54:01,200 --> 01:54:08,600
 the Denton Development Code, we're going to design it per all the design manuals, seeking

1729
01:54:08,600 --> 01:54:15,800
 no variances, we're looking at the environmental concerns there, we're looking at the drainage

1730
01:54:15,800 --> 01:54:20,560
 and any mitigation that may be required along the way, that will all be done per the manuals

1731
01:54:20,560 --> 01:54:24,640
 and the design code and we'll be working closely with staff throughout the entire process to

1732
01:54:24,640 --> 01:54:33,560
 ensure that we're following the letter of the law. A lot of the site will be designed

1733
01:54:33,560 --> 01:54:39,120
 around the concrete corridor, we understand the importance of that and we've provided

1734
01:54:39,120 --> 01:54:45,600
 additional buffers to ensure that we're not negatively impacting that corridor, part of

1735
01:54:45,600 --> 01:54:51,320
 that is dedicating the parkland and leaving it in natural conditions, another is outside

1736
01:54:51,320 --> 01:54:56,920
 of the ESA we provided a five foot buffer to ensure that we're not impacting any trees

1737
01:54:56,920 --> 01:55:05,680
 that are within that ESA. Additionally, this is my firm's fourth project with Trumont doing

1738
01:55:05,680 --> 01:55:10,880
 the construction and the design and so we haven't had any environmental issues come

1739
01:55:10,880 --> 01:55:18,200
 up to date and that's our intent going forward. Jeremy Vlad with ValleyQuest can talk about

1740
01:55:18,200 --> 01:55:26,720
 the trees and how we're uniquely avoiding the ESAs and all that good stuff.

1741
01:55:26,720 --> 01:55:37,960
 Hello. Hi, I'm Jeremy Vlad with ValleyQuest Design, 222 South Elm Street here in Denton,

1742
01:55:37,960 --> 01:55:47,920
 and I believe that my part here will be the shortest but definitely one of the most important

1743
01:55:47,920 --> 01:55:55,680
 as we worked our way through working with city staff and definitely the tree preservation

1744
01:55:55,680 --> 01:56:05,080
 plan aspect of the design and working with the environmental department. As Angie already

1745
01:56:05,080 --> 01:56:12,300
 mentioned and it's summarized here, we are exceeding the minimum preservation requirements

1746
01:56:12,300 --> 01:56:19,120
 and above and beyond that in a lot of ways. It's interesting in a lot of the preservation

1747
01:56:19,120 --> 01:56:25,840
 plans that we do, you really get to see the numbers and the percentages of what's being

1748
01:56:25,840 --> 01:56:30,880
 preserved but what doesn't really show through in the numbers are areas like we have on the

1749
01:56:30,880 --> 01:56:36,720
 southern part of our site, that 43% that you keep hearing about where there are innumerable

1750
01:56:36,720 --> 01:56:44,280
 trees and more than just trees, obviously the understory and other valuable habitat that

1751
01:56:44,280 --> 01:56:51,280
 are being preserved. One of the things that we did on this project

1752
01:56:51,280 --> 01:56:57,880
 that was a little bit unique as well just to help alleviate some of those preservation

1753
01:56:57,880 --> 01:57:07,040
 and open space concerns was to, as you know, there is a definite line out on the site that

1754
01:57:07,040 --> 01:57:13,280
 delineates the environmentally sensitive areas. We took that line and gave it an additional

1755
01:57:13,280 --> 01:57:21,360
 five feet just outside of that to where our development impact area is. We had a lot of

1756
01:57:21,360 --> 01:57:25,840
 back and forth with the design team and the architects, they were great about moving their

1757
01:57:25,840 --> 01:57:32,120
 building. Sometimes architects don't understand how the buildings can affect the trees so

1758
01:57:32,120 --> 01:57:39,720
 everyone, I think, came to a good understanding of getting those buildings to a place where

1759
01:57:39,720 --> 01:57:46,480
 we, the developers, comfortable using the space that they have and maximizing the space

1760
01:57:46,480 --> 01:57:52,400
 that they have and still preserving those quality and heritage trees out on the site.

1761
01:57:52,400 --> 01:57:58,280
 But as I mentioned, that additional five foot buffer really ensured that we would really

1762
01:57:58,280 --> 01:58:06,200
 reduce the impact to the environmentally sensitive area itself. So that was kind of our contribution

1763
01:58:06,200 --> 01:58:13,920
 in addition to the landscape plan but I think that, you know, the highlight of this effort

1764
01:58:13,920 --> 01:58:19,440
 was really the preservation and protection of those environmentally sensitive areas.

1765
01:58:19,440 --> 01:58:28,360
 >> I will turn the phone over to Ellen. >> I know we're a little over here but I

1766
01:58:28,360 --> 01:58:30,600
 just wanted to -- >> You had a total of 20 so you're good.

1767
01:58:30,600 --> 01:58:37,680
 >> Oh, we're good. Wonderful. I just wanted to show some of the renderings here. We are

1768
01:58:37,680 --> 01:58:43,840
 meeting all of the Denton code with the, you know, differing materials, the different facades,

1769
01:58:43,840 --> 01:58:52,120
 the roof lines, the larger grand entrance, the secondary entrances. So while, you know,

1770
01:58:52,120 --> 01:58:59,400
 going through plans, these may differ slightly. This is -- we will intend to meet code for

1771
01:58:59,400 --> 01:59:05,960
 every point. And then just some examples of our past work. This is our apartment in West

1772
01:59:05,960 --> 01:59:13,560
 Dallas that has been open for just about a year. 318 units. This is a project under construction

1773
01:59:13,560 --> 01:59:18,600
 in north Fort Worth that will be opening at the end of this year. And we have a project

1774
01:59:18,600 --> 01:59:32,160
 slated to start in Texas. And that is it. >> Any questions for the development team?

1775
01:59:32,160 --> 01:59:38,640
 >> Thank you, Jared. Feel free to distribute this amongst yourselves or staff if it would

1776
01:59:38,640 --> 01:59:45,640
 be better answered there. Just a couple questions about mobility and the trail access and that

1777
01:59:45,640 --> 01:59:50,440
 sort of thing. I think the first half of this may be more about you and the second half

1778
01:59:50,440 --> 02:00:00,440
 is probably more staff. Understand how the layout gives access that way. It's gated.

1779
02:00:00,440 --> 02:00:04,680
 So presumably that access point is intended for residents, is that correct?

1780
02:00:04,680 --> 02:00:13,600
 >> Yes. So what we have looked at here, let me see. So on our site, our trail access is

1781
02:00:13,600 --> 02:00:19,320
 right in this bottom area here and connects through the site. We are planning to dedicate

1782
02:00:19,320 --> 02:00:25,500
 all of this land. And we have also talked, have been in conversations about dedicating

1783
02:00:25,500 --> 02:00:30,200
 a strip of land that actually connects up to Dutchess so that the city in the future

1784
02:00:30,200 --> 02:00:36,560
 has the ability to connect it to Dutchess drive. >> Okay. I think that probably answers half

1785
02:00:36,560 --> 02:00:42,640
 of my next question. The other half is probably a staff question, if I may, Chair.

1786
02:00:42,640 --> 02:00:45,300
 >> Of course. >> So I can envision how that could connect

1787
02:00:45,300 --> 02:00:53,720
 up to Dutchess. I recall, gosh, it might have been two years ago now, when we had an application

1788
02:00:53,720 --> 02:01:02,680
 for the parcel to the west of this, I believe, there was talk about the secondary arterial

1789
02:01:02,680 --> 02:01:11,240
 that's on our mobility plan that extends down from, what is that, Mockingbird, north of,

1790
02:01:11,240 --> 02:01:20,200
 I'm sorry, it's not Friday yet, I shouldn't have an excuse, but anyway, north of McKinney

1791
02:01:20,200 --> 02:01:28,000
 there, extends down south from there. And at the time, there was rationale given that,

1792
02:01:28,000 --> 02:01:34,480
 well, there's enough parcels just east of this that we think will have some mobility

1793
02:01:34,480 --> 02:01:41,320
 connections from north south as this develops. The way I see this here now, it basically

1794
02:01:41,320 --> 02:01:49,680
 looks like it's cutting off that access from down here all the way up to McKinney, right,

1795
02:01:49,680 --> 02:01:56,920
 in the future. And so I'm just asking, like, from a staff perspective, do we have a rationale

1796
02:01:56,920 --> 02:02:03,200
 for why that is not needed? And if so, is there a reason that we're not looking at a

1797
02:02:03,200 --> 02:02:12,360
 mobility plan amendment here and that sort of thing? Does that make sense, Angie?

1798
02:02:12,360 --> 02:02:18,560
 >> I do follow the question. I would need to pull probably transportation's comments,

1799
02:02:18,560 --> 02:02:24,520
 which I can pull up and see if Karina had the more detailed explanation within that

1800
02:02:24,520 --> 02:02:32,280
 rationale. But I know that it was not discussed during this review. So let me, I can see if

1801
02:02:32,280 --> 02:02:35,080
 I can pull that real quick. >> Sure. I'd appreciate that if you have any

1802
02:02:35,080 --> 02:02:39,960
 background. So thank you, Chair. >> Of course. Thank you. This is a public hearing.

1803
02:02:39,960 --> 02:02:43,080
 I don't have any other cards in front of me, but is there anyone else wishing to speak

1804
02:02:43,080 --> 02:02:50,400
 on this item? Okay. Seeing none, I will close the public hearing and open the floor for

1805
02:02:50,400 --> 02:02:58,800
 a discussion or a motion. Commissioner Smith? >> Make a motion to approve.

1806
02:02:58,800 --> 02:03:00,400
 >> Commissioner Cole? >> Second.

1807
02:03:00,400 --> 02:03:05,880
 >> Okay. We've got a first and a second for approval. And I will just ask Commissioner

1808
02:03:05,880 --> 02:03:11,120
 Pruitt, do you want to wait to get a response from staff?

1809
02:03:11,120 --> 02:03:20,080
 >> I'm okay going forward. It's just my direction in general, I think, that this is a very huge

1810
02:03:20,080 --> 02:03:28,960
 opportunity area of our city. There are some very large amassed parcels that those will

1811
02:03:28,960 --> 02:03:35,520
 come in due time. There are also more parcels like this. So let's make sure we are dotting

1812
02:03:35,520 --> 02:03:41,000
 our I's and crossing our T's about the type of connections we want, where we want them,

1813
02:03:41,000 --> 02:03:48,120
 so that we don't force ourselves into more strange shaped odd situations, if that makes

1814
02:03:48,120 --> 02:03:57,120
 sense. >> It does. Thank you. Okay. Thank you. Okay.

1815
02:03:57,120 --> 02:04:01,720
 We do have a first and a second for approval. Is there further discussion? Commissioner

1816
02:04:01,720 --> 02:04:05,000
 Villarreal? >> Yes. Thank you. I appreciate all the mitigation

1817
02:04:05,000 --> 02:04:11,240
 efforts you all are taking for this project. But with just environmental concerns still

1818
02:04:11,240 --> 02:04:15,760
 in mind, I'll not be voting yes to this project. Thank you.

1819
02:04:15,760 --> 02:04:18,960
 >> Commissioner McDade? >> Thank you, Madam Chair. I just want to

1820
02:04:18,960 --> 02:04:31,640
 say, you know, very nice presentation. But as everyone knows, I'm not a big fan of apartments.

1821
02:04:31,640 --> 02:04:39,120
 And I think true, Denton does need apartments. I think about the last public hearing the

1822
02:04:39,120 --> 02:04:45,880
 speakers talked about they had 3,000 apartments within a one mile area. If you look in that

1823
02:04:45,880 --> 02:04:54,440
 area which I actually live in, you're looking at almost 10,000 apartments and it's still

1824
02:04:54,440 --> 02:05:02,040
 growing in a one mile area. I'm glad they're actually doing the traffic right there at

1825
02:05:02,040 --> 02:05:06,640
 Dutchess. But right now I just don't think that area needs any more -- I really like

1826
02:05:06,640 --> 02:05:13,040
 the townhouses. And we could have more of those. But as far as apartments in that area,

1827
02:05:13,040 --> 02:05:19,160
 I just think we have too many in that area. And for that reason, I'll also vote no.

1828
02:05:19,160 --> 02:05:28,240
 >> We've got a first and a second for approval. Any further discussion? I'll just say a couple

1829
02:05:28,240 --> 02:05:34,320
 of words. Thank you for coming out and putting together a nice presentation. You know, this

1830
02:05:34,320 --> 02:05:39,400
 is one of those specific use permits that I think, you know, we've done a good job with.

1831
02:05:39,400 --> 02:05:44,320
 I think it fits with what is already developing in that area with the way we're going to connect

1832
02:05:44,320 --> 02:05:50,620
 Dutchess eventually to Woodrow down the road. I think the concessions that you've all have

1833
02:05:50,620 --> 02:05:59,280
 shown with the environmentally sensitive areas is being handled. I'm hoping that we don't

1834
02:05:59,280 --> 02:06:06,600
 see an alt ESA come before us. That's my hope as this project. If this project does move

1835
02:06:06,600 --> 02:06:13,920
 forward, that is my hope. So keep up that mitigation work, please. With that, let's

1836
02:06:13,920 --> 02:06:29,280
 go ahead and vote on the board, please. That motion will carry for two. Okay. That will

1837
02:06:29,280 --> 02:06:35,800
 take us to our planning and zoning matrix. And I will have the floor for that.

1838
02:06:35,800 --> 02:06:42,440
 >> Good evening. So we actually have not had any additional council action on anything

1839
02:06:42,440 --> 02:06:47,360
 since our last meeting, so nothing to report there. I did want to bring up some dates with

1840
02:06:47,360 --> 02:06:53,000
 respect to our three area plans just to keep on your radar. For the northeast plan, just

1841
02:06:53,000 --> 02:06:56,720
 a reminder that the joint meeting that had been previously scheduled for later this month

1842
02:06:56,720 --> 02:07:01,440
 has been canceled. However, we are doing a special called PNZ meeting on November 1st,

1843
02:07:01,440 --> 02:07:05,400
 so you should be getting calendar invites from Kathy if you haven't already received

1844
02:07:05,400 --> 02:07:12,400
 that. And that will be to discuss the implementation strategies coming out of that plan so far.

1845
02:07:12,400 --> 02:07:18,040
 So we'll then meet about that at a work session on the 14th of November. With the downtown

1846
02:07:18,040 --> 02:07:23,120
 plan, you may have seen Cameron and Sean out and about at various events. That will continue

1847
02:07:23,120 --> 02:07:28,060
 through the fall. They have a lot of public engagement going on, including great responses

1848
02:07:28,060 --> 02:07:32,560
 that they gathered at the Jazz Festival last weekend. And we are looking at a December

1849
02:07:32,560 --> 02:07:36,560
 5th joint meeting with city council to discuss the downtown plan. So just a date to keep

1850
02:07:36,560 --> 02:07:42,760
 on your calendars as we move into the holiday season. And then with the southeast plan,

1851
02:07:42,760 --> 02:07:46,640
 they're currently going through about a month's worth of intercept surveys. So you'll see

1852
02:07:46,640 --> 02:07:52,060
 Julie and Mia out at various locations around the city, or mostly in southeast Denton, trying

1853
02:07:52,060 --> 02:07:57,080
 to gather responses on that. I know they were at one of the schools today trying to inspire

1854
02:07:57,080 --> 02:08:03,680
 future planners as well as get some younger opinions on the plan. So they are doing rigorous

1855
02:08:03,680 --> 02:08:08,560
 community outreach there. And we do have a tentative plan for a joint PNZ and council

1856
02:08:08,560 --> 02:08:11,960
 meeting about southeast in January. So you'll see more information about that as we move

1857
02:08:11,960 --> 02:08:17,520
 along. And that is all I have to report. Great. Thank you. Is there anything to be added to

1858
02:08:17,520 --> 02:08:26,040
 the matrix? Commissioner Pruitt. Yeah, I don't know whether this would be a formal matrix

1859
02:08:26,040 --> 02:08:36,240
 item. I guess I have a question for staff/legal. Several of the community members and presentations

1860
02:08:36,240 --> 02:08:45,320
 tonight have brought to my mind that the terminology planners speak of homes that are oriented

1861
02:08:45,320 --> 02:08:50,580
 in a multifamily building is often used of units or apartments as opposed to speaking

1862
02:08:50,580 --> 02:08:57,040
 about the homes people would live in and then speaking of an apartment building when we're

1863
02:08:57,040 --> 02:09:05,920
 talking about the physical building. And, you know, maybe I need to be less pet peevish,

1864
02:09:05,920 --> 02:09:12,960
 but my feeling is that that borders on dehumanizing the majority of Denton residents who do rent

1865
02:09:12,960 --> 02:09:18,560
 and all of the new residents that could move here. So I don't know if it's something that

1866
02:09:18,560 --> 02:09:23,240
 we need to talk about as a body to see, you know, are there that or other language that

1867
02:09:23,240 --> 02:09:33,880
 we feel could just bring civility and unity to some of the discussions between us and

1868
02:09:33,880 --> 02:09:38,680
 the public. And there may be other things, too, but it's just something that's been on

1869
02:09:38,680 --> 02:09:46,280
 my mind for a while and kind of came to a point this evening. So, you know, if there's

1870
02:09:46,280 --> 02:09:52,560
 no legal reason, for instance, or procedural reason why we have to use that type of language,

1871
02:09:52,560 --> 02:10:01,640
 my preference would be to move to language that respects all residents. And if we need

1872
02:10:01,640 --> 02:10:06,840
 to have a work session to discuss that so we get everybody's input, I'm fine with that.

1873
02:10:06,840 --> 02:10:12,080
 Go ahead. We were actually just talking with Danny Shaw from Community Development last

1874
02:10:12,080 --> 02:10:16,400
 week and we do plan to have her team come do just kind of an update for you all on the

1875
02:10:16,400 --> 02:10:19,720
 affordable housing toolkit and some general topics related to housing. So we can look

1876
02:10:19,720 --> 02:10:25,160
 at rolling that into that discussion. That's a good idea. Commissioner Smith, maybe to

1877
02:10:25,160 --> 02:10:33,320
 make to quantify or make a little more concrete. My buddy Eric's trying to get to I don't think

1878
02:10:33,320 --> 02:10:39,720
 in for all the time on commission we've ever had a demographic work session item where

1879
02:10:39,720 --> 02:10:47,240
 we break down what is the number of, you know, units in the city of Denton that are in multifamily?

1880
02:10:47,240 --> 02:10:51,060
 What is the number of units that are single family residential? What is the number of

1881
02:10:51,060 --> 02:10:55,920
 units that are located in mixed use area or zoned and specifically a residential single

1882
02:10:55,920 --> 02:11:03,920
 family residential only area? I doubt that we have hard numbers on number of rent versus

1883
02:11:03,920 --> 02:11:10,520
 zone, but I think it might be good information that we do that on a more periodic basis for

1884
02:11:10,520 --> 02:11:15,840
 commission, just so that as we have these types of conversations, I think there's plenty

1885
02:11:15,840 --> 02:11:21,920
 of and assumptions and we can feel like there are hundreds of thousands of apartment complexes

1886
02:11:21,920 --> 02:11:27,040
 around us. But in true reality, it may not be that way, or maybe we can just at least

1887
02:11:27,040 --> 02:11:31,960
 be more informed. And so I think that it might be good to also have that demographic data

1888
02:11:31,960 --> 02:11:36,000
 that might help to lean towards what commission approves trying to get to, which is these

1889
02:11:36,000 --> 02:11:40,940
 are homes and diversity of housing as part of the 2040 plan and us being able to talk

1890
02:11:40,940 --> 02:11:47,360
 about it from the data standpoint might give us a reality of, yeah, we have 40% renters

1891
02:11:47,360 --> 02:11:51,960
 in the city of Denton. I have no clue making that number up, which comparatively against

1892
02:11:51,960 --> 02:11:57,140
 other cities is low, high, comparable for being a college town, so on and so forth that

1893
02:11:57,140 --> 02:12:01,220
 might be just some good perspective for us as a commission to obtain.

1894
02:12:01,220 --> 02:12:09,320
 I think that would be an excellent work session item, yes. Okay, anything else for the matrix

1895
02:12:09,320 --> 02:12:15,160
 or any concluding items? Commissioner Villarreal.

1896
02:12:15,160 --> 02:12:20,260
 Yes, just wanted to remind folks that early voting for the bond election and the Texas

1897
02:12:20,260 --> 02:12:25,400
 state constitutional election does begin Monday, October 23rd and election day is Tuesday,

1898
02:12:25,400 --> 02:12:30,120
 November 7th. Thank you for that. And there is great information

1899
02:12:30,120 --> 02:12:36,660
 from the city regarding the bonds, so if everybody needs information on those propositions, they

1900
02:12:36,660 --> 02:12:46,000
 are very well documented online, so I would encourage everyone to do their homework before

1901
02:12:46,000 --> 02:12:49,240
 voting day. Thank you for that reminder, Commissioner Villarreal.

1902
02:12:49,240 --> 02:12:51,840
 And with that, I will adjourn us at 8 p.m. Thank you, everyone.