1
00:00:00,000 --> 00:00:04,160
 >> Good afternoon and welcome to the city of Denton's planning and zoning commission

2
00:00:04,160 --> 00:00:08,440
 meeting for Wednesday, October 25th, 2023.

3
00:00:08,440 --> 00:00:10,840
 This is our work session with a quorum present.

4
00:00:10,840 --> 00:00:14,240
 I will call us to order at 5.05 p.m.

5
00:00:14,240 --> 00:00:19,440
 Let the record show that Commissioner Smith and Commissioner Cole are absent at this time.

6
00:00:19,440 --> 00:00:25,200
 First item on our agenda for the work session is citizen comments on our consent agenda.

7
00:00:25,200 --> 00:00:27,360
 However, I do not see anyone here.

8
00:00:27,360 --> 00:00:34,640
 So we will move on from that and we will clarify agenda items listed for tonight's meeting.

9
00:00:34,640 --> 00:00:37,520
 First would be our minutes from October 11th.

10
00:00:37,520 --> 00:00:41,400
 Commissioners, any questions on minutes?

11
00:00:41,400 --> 00:00:42,400
 Okay.

12
00:00:42,400 --> 00:00:45,880
 Then that will move us to our consent agenda.

13
00:00:45,880 --> 00:00:51,320
 Do we have any questions on any of the consent agenda items?

14
00:00:51,320 --> 00:00:56,000
 Okay.

15
00:00:56,000 --> 00:00:59,000
 That will take us to items for individual consideration.

16
00:00:59,000 --> 00:01:03,600
 We will go ahead and bring Mia up for 4A or Julie is coming up.

17
00:01:03,600 --> 00:01:07,680
 I believe you are perhaps standing in, are you?

18
00:01:07,680 --> 00:01:08,680
 >> Correct.

19
00:01:08,680 --> 00:01:09,680
 I'm standing in for Mia tonight.

20
00:01:09,680 --> 00:01:11,080
 >> And I know we had a late email.

21
00:01:11,080 --> 00:01:14,880
 I don't know, commissioners, if you were able to see that.

22
00:01:14,880 --> 00:01:21,780
 It was recommended for denial in our backup, but an email came out this afternoon saying

23
00:01:21,780 --> 00:01:26,320
 they have met staff conditions and it is now recommended for approval.

24
00:01:26,320 --> 00:01:30,600
 And Julie, I probably just took your whole speech in that, so sorry about that.

25
00:01:30,600 --> 00:01:31,600
 >> No, that's great.

26
00:01:31,600 --> 00:01:32,600
 Hold on.

27
00:01:32,600 --> 00:01:36,560
 I'm not finding it in here.

28
00:01:36,560 --> 00:01:38,160
 Okay.

29
00:01:38,160 --> 00:01:46,840
 Oh, right there, sorry.

30
00:01:46,840 --> 00:01:54,120
 Julie Wyatt, I'm presenting FP23-0026A.

31
00:01:54,120 --> 00:01:56,280
 This is known as Legends Ranch.

32
00:01:56,280 --> 00:02:00,760
 If you're familiar with that, it's one of our mud districts, I believe, out on the west

33
00:02:00,760 --> 00:02:01,760
 side of town.

34
00:02:01,760 --> 00:02:06,960
 They're actually changing the name to Hickory Grove, so that will be the new name for Legends

35
00:02:06,960 --> 00:02:07,960
 Ranch.

36
00:02:07,960 --> 00:02:13,240
 As Commissioner Ellis mentioned, originally this was in your packet as a denial, however,

37
00:02:13,240 --> 00:02:19,040
 they have satisfied all comments associated with the technical review, and so staff has

38
00:02:19,040 --> 00:02:21,080
 changed their recommendation to approval.

39
00:02:21,080 --> 00:02:24,160
 I'll be happy to answer any questions that I can.

40
00:02:24,160 --> 00:02:27,960
 Mia will be at the regular session, so if you have additional questions, she'll be more

41
00:02:27,960 --> 00:02:29,960
 specific, she'll be able to help you with those.

42
00:02:29,960 --> 00:02:30,960
 >> Sounds good.

43
00:02:30,960 --> 00:02:31,960
 Any questions?

44
00:02:31,960 --> 00:02:32,960
 Commissioner Pruitt.

45
00:02:32,960 --> 00:02:35,320
 >> We'll put you to the fill-in test here.

46
00:02:35,320 --> 00:02:39,720
 I just wanted to check on the third sheet, which I believe is the bottom one on the left

47
00:02:39,720 --> 00:02:44,320
 there, and luckily we can see it right there where your arrow was.

48
00:02:44,320 --> 00:02:50,240
 Typically on these, when we have a stub that has a couple of lots just to the left of there,

49
00:02:50,240 --> 00:02:52,920
 there's required a turnaround easement.

50
00:02:52,920 --> 00:02:57,080
 Is there no easement here because it's the same landowner?

51
00:02:57,080 --> 00:02:59,560
 >> I'm going to make a guess here.

52
00:02:59,560 --> 00:03:04,280
 Typically that is related to the length of that roadway, and it would be for a fire truck

53
00:03:04,280 --> 00:03:06,200
 to turn around.

54
00:03:06,200 --> 00:03:11,480
 So it may be because that piece isn't quite -- isn't so long that they would need that

55
00:03:11,480 --> 00:03:14,520
 turnaround, but I can certainly ask Mia.

56
00:03:14,520 --> 00:03:15,520
 She may know more.

57
00:03:15,520 --> 00:03:16,520
 >> Okay.

58
00:03:16,520 --> 00:03:17,520
 No worries.

59
00:03:17,520 --> 00:03:18,520
 Thanks.

60
00:03:18,520 --> 00:03:19,520
 >> Anything else?

61
00:03:19,520 --> 00:03:20,520
 Okay.

62
00:03:20,520 --> 00:03:21,520
 Thank you.

63
00:03:21,520 --> 00:03:22,520
 >> Thank you.

64
00:03:22,520 --> 00:03:25,320
 >> Are you sticking around for the next one then?

65
00:03:25,320 --> 00:03:26,320
 Which is also Mia's?

66
00:03:26,320 --> 00:03:27,320
 >> Oh, yes.

67
00:03:27,320 --> 00:03:28,320
 The --

68
00:03:28,320 --> 00:03:29,320
 >> ZCP 23-0028.

69
00:03:29,320 --> 00:03:30,320
 >> Absolutely.

70
00:03:30,320 --> 00:03:31,320
 >> Our site plan and --

71
00:03:31,320 --> 00:03:32,320
 >> I should have read the agenda before.

72
00:03:32,320 --> 00:03:33,320
 Okay.

73
00:03:33,320 --> 00:03:38,280
 All right.

74
00:03:38,280 --> 00:03:41,920
 This is ZCP 23-0028.

75
00:03:41,920 --> 00:03:45,200
 It is a site plan for Razor Ranch, as you know.

76
00:03:45,200 --> 00:03:50,240
 The Planning and Zoning Commission is required to approve those site plans.

77
00:03:50,240 --> 00:03:53,000
 This is for a multifamily development.

78
00:03:53,000 --> 00:03:57,320
 It's situated kind of in the center of the development, just north of the movie theater,

79
00:03:57,320 --> 00:03:59,360
 if you're familiar with that location.

80
00:03:59,360 --> 00:04:05,600
 It's about nine acres, and it does meet all of the requirements of the Razor Ranch Overlay

81
00:04:05,600 --> 00:04:08,560
 District, so staff does recommend approval of the request.

82
00:04:08,560 --> 00:04:11,520
 Once again, I'll be happy to answer any questions.

83
00:04:11,520 --> 00:04:17,560
 I may have to defer to Mia or maybe Haley, if there's anything too specific.

84
00:04:17,560 --> 00:04:21,360
 >> You got off easy, Julie.

85
00:04:21,360 --> 00:04:22,360
 >> All right.

86
00:04:22,360 --> 00:04:23,360
 Thank you.

87
00:04:23,360 --> 00:04:24,360
 >> Thanks.

88
00:04:24,360 --> 00:04:29,840
 All right, that'll take us to 4C, V23-0006.

89
00:04:29,840 --> 00:04:33,960
 Ashley is here for that.

90
00:04:33,960 --> 00:04:34,960
 >> Good evening.

91
00:04:34,960 --> 00:04:35,960
 >> Hi.

92
00:04:35,960 --> 00:04:36,960
 >> Is it mine?

93
00:04:36,960 --> 00:04:37,960
 Oh, there it is.

94
00:04:37,960 --> 00:04:38,960
 >> Oh, here it is?

95
00:04:38,960 --> 00:04:39,960
 >> Yeah.

96
00:04:39,960 --> 00:04:40,960
 All right.

97
00:04:40,960 --> 00:04:47,560
 Ashley Eckstead, Assistant Planner.

98
00:04:47,560 --> 00:04:54,280
 This is V23-0006, and this is a subdivision variance request for 3301 North Elm Street.

99
00:04:54,280 --> 00:04:59,920
 This is a variance to reduce the minimum number of vehicular access points from one full access

100
00:04:59,920 --> 00:05:05,680
 point -- or two full access points down to one and one emergency-only access, and this

101
00:05:05,680 --> 00:05:11,080
 is a proposed multifamily development located on the south side of North Elm Street.

102
00:05:11,080 --> 00:05:16,520
 They are requesting to vary from DDC 832C1C, which requires two full points of vehicular

103
00:05:16,520 --> 00:05:21,840
 access for residential uses with 30 or more dwelling units, and on this plan, you can see

104
00:05:21,840 --> 00:05:26,520
 that this will be their full access drive, and this does align with the existing median

105
00:05:26,520 --> 00:05:32,360
 opening and fall meadow, and then this point of access will just be emergency access.

106
00:05:32,360 --> 00:05:38,380
 And Elm is a primary arterial, so we do require 200-foot spacing between full access points,

107
00:05:38,380 --> 00:05:42,960
 so if they were to place the full access drive in this location, they would not be able to

108
00:05:42,960 --> 00:05:49,740
 preserve all of these trees that you see in this area.

109
00:05:49,740 --> 00:05:55,400
 This is zoned R7, so this approval of this request will not vest the multifamily land

110
00:05:55,400 --> 00:05:56,400
 use.

111
00:05:56,400 --> 00:06:01,520
 There will be a specific use permit at a later date to cover the multifamily land use in

112
00:06:01,520 --> 00:06:07,040
 this location, and this is proposed to be a 67-unit multifamily development.

113
00:06:07,040 --> 00:06:12,080
 And I do have a longer presentation for later, but I'm happy to answer any questions.

114
00:06:12,080 --> 00:06:15,800
 Any questions?

115
00:06:15,800 --> 00:06:19,800
 >> I think I just have a quick question about I know there's one criteria where they have

116
00:06:19,800 --> 00:06:26,760
 to meet alignment of an existing -- is that alignment of an existing -- explain that to

117
00:06:26,760 --> 00:06:29,880
 me, because I'm trying to understand, is it aligning to that cutout, because it's certainly

118
00:06:29,880 --> 00:06:31,540
 not aligning to fall meadows.

119
00:06:31,540 --> 00:06:36,960
 >> So I did go over that with our transportation department, and that was where they decided

120
00:06:36,960 --> 00:06:42,800
 was the best access point with the turn lane that's going to be provided on this side.

121
00:06:42,800 --> 00:06:49,760
 That was where they decided was the best access into that location, but it doesn't exactly

122
00:06:49,760 --> 00:06:50,760
 align with fall meadow.

123
00:06:50,760 --> 00:06:51,760
 >> Right.

124
00:06:51,760 --> 00:06:54,520
 So I guess it -- but it still qualifies in meeting that --

125
00:06:54,520 --> 00:06:55,520
 >> Yes.

126
00:06:55,520 --> 00:06:56,520
 >> Interesting.

127
00:06:56,520 --> 00:06:57,520
 Okay.

128
00:06:57,520 --> 00:07:06,720
 And I know that, obviously, they talked with FIRE, and they're okay with where this is

129
00:07:06,720 --> 00:07:08,080
 set and with that crash gate?

130
00:07:08,080 --> 00:07:09,080
 >> Yes.

131
00:07:09,080 --> 00:07:12,740
 So if it was 200 units, they would want the second point of access.

132
00:07:12,740 --> 00:07:16,960
 They are going to require an omnibox on this access point, so it would open automatically

133
00:07:16,960 --> 00:07:20,360
 for them as they were coming down the road.

134
00:07:20,360 --> 00:07:21,360
 >> Okay.

135
00:07:21,360 --> 00:07:22,360
 Commissioner Perot.

136
00:07:22,360 --> 00:07:25,080
 >> Thank you, Chair.

137
00:07:25,080 --> 00:07:31,640
 Maybe I'm not reading it right, but it looks like Site Driveway 1, as it continues through,

138
00:07:31,640 --> 00:07:37,800
 could continue south there in the future, or am I not reading it right, sort of between

139
00:07:37,800 --> 00:07:42,000
 where the -- >> It's kind of showing that way on this plan.

140
00:07:42,000 --> 00:07:43,000
 It's not like that.

141
00:07:43,000 --> 00:07:44,000
 >> It's not -- okay.

142
00:07:44,000 --> 00:07:45,000
 Got it.

143
00:07:45,000 --> 00:07:47,520
 >> But this is still -- so the specific use permit is still under review, so this plan

144
00:07:47,520 --> 00:07:50,080
 may not be -- >> Yeah, it's just the number of access points.

145
00:07:50,080 --> 00:07:51,080
 >> Yes.

146
00:07:51,080 --> 00:07:52,080
 >> Understood.

147
00:07:52,080 --> 00:07:56,200
 No, I just -- that was confusing me, given the fact that the city owns the parcel to

148
00:07:56,200 --> 00:07:57,920
 the south of it, and I didn't understand.

149
00:07:57,920 --> 00:07:58,920
 So thank you.

150
00:07:58,920 --> 00:07:59,920
 >> Yes.

151
00:07:59,920 --> 00:08:01,560
 This is regional detention to the south of it.

152
00:08:01,560 --> 00:08:02,560
 >> Yeah.

153
00:08:02,560 --> 00:08:03,560
 Okay.

154
00:08:03,560 --> 00:08:04,560
 Thanks.

155
00:08:04,560 --> 00:08:05,560
 >> Anything else?

156
00:08:05,560 --> 00:08:06,560
 Okay.

157
00:08:06,560 --> 00:08:07,560
 Thank you, actually.

158
00:08:07,560 --> 00:08:08,560
 >> Okay.

159
00:08:08,560 --> 00:08:19,840
 And then we've got another item for individual consideration, and that is for DPP230021.

160
00:08:19,840 --> 00:08:25,040
 That is for real, Julie's.

161
00:08:25,040 --> 00:08:29,400
 >> Okay.

162
00:08:29,400 --> 00:08:30,400
 Good evening.

163
00:08:30,400 --> 00:08:33,240
 This is PP23-0021A.

164
00:08:33,240 --> 00:08:35,880
 This is for the Prestige at Mayhill.

165
00:08:35,880 --> 00:08:37,640
 This is a multifamily project.

166
00:08:37,640 --> 00:08:41,360
 This might be one of the first of its kind, and this is the second extension.

167
00:08:41,360 --> 00:08:47,640
 I don't know if we've had another one of those, but they have requested a second extension

168
00:08:47,640 --> 00:08:54,700
 because they have not finalized all of the revisions and the corrections to the preliminary

169
00:08:54,700 --> 00:08:55,700
 plat.

170
00:08:55,700 --> 00:09:04,200
 We have no objection to that request, and so to that extension to November 15th this

171
00:09:04,200 --> 00:09:07,100
 year, and I'll be happy to answer any questions.

172
00:09:07,100 --> 00:09:11,160
 >> Explain the second extension thing because I thought they could only have one 30-day

173
00:09:11,160 --> 00:09:12,160
 extension.

174
00:09:12,160 --> 00:09:14,040
 >> I think I'm going to let Haley jump in on this one.

175
00:09:14,040 --> 00:09:16,040
 >> Yes, that would be lovely.

176
00:09:16,040 --> 00:09:23,880
 >> Yes, that is, I would say, one of the few good changes out of House Bill 3699 that Chapter

177
00:09:23,880 --> 00:09:27,920
 212 of the local government code now reads that an applicant can request more than one

178
00:09:27,920 --> 00:09:32,200
 extension, but they can still only be for 30 days at a time.

179
00:09:32,200 --> 00:09:33,200
 >> So it could be --

180
00:09:33,200 --> 00:09:35,580
 >> It could be as many as they need.

181
00:09:35,580 --> 00:09:39,200
 They just have to come back each 30 days and request essentially a renewal of that extension

182
00:09:39,200 --> 00:09:41,000
 for an additional 30 days.

183
00:09:41,000 --> 00:09:44,720
 >> I don't know if we went over that, and if we did, I apologize that I forgot about

184
00:09:44,720 --> 00:09:46,040
 it because I don't recall --

185
00:09:46,040 --> 00:09:51,680
 >> Yes, so for any plat that applied after September 1, they can now request more than

186
00:09:51,680 --> 00:09:53,960
 one extension moving forward.

187
00:09:53,960 --> 00:09:54,960
 >> Okay.

188
00:09:54,960 --> 00:09:57,320
 Commissioner Villarreal.

189
00:09:57,320 --> 00:10:01,960
 >> Excuse me if this goes off topic, but just off what you were saying, do we have to approve

190
00:10:01,960 --> 00:10:06,360
 every extension request that comes before us?

191
00:10:06,360 --> 00:10:11,640
 If they come back with a seventh extension request, are we expected to approve that or?

192
00:10:11,640 --> 00:10:15,760
 >> I suppose that would be at the commission's discretion if you feel that denial would be

193
00:10:15,760 --> 00:10:21,160
 more prudent at that time, but typically as long as they're working with staff and making

194
00:10:21,160 --> 00:10:24,900
 that good faith effort to continue to address comments and things like that, we would recommend

195
00:10:24,900 --> 00:10:26,160
 approval of the extensions.

196
00:10:26,160 --> 00:10:27,160
 >> Gotcha.

197
00:10:27,160 --> 00:10:30,160
 We wouldn't be running afoul of any guidelines or laws.

198
00:10:30,160 --> 00:10:32,400
 >> I don't believe so, but we can certainly look into that more for you all.

199
00:10:32,400 --> 00:10:33,400
 Gotcha.

200
00:10:33,400 --> 00:10:34,400
 Thank you.

201
00:10:34,400 --> 00:10:35,400
 >> Thank you.

202
00:10:35,400 --> 00:10:36,400
 Anything else for Julie?

203
00:10:36,400 --> 00:10:37,400
 >> Thank you.

204
00:10:37,400 --> 00:10:39,920
 >> Thank you very much.

205
00:10:39,920 --> 00:10:46,320
 Public hearing portion tonight, our 5A staff is requesting to postpone this item, so we've

206
00:10:46,320 --> 00:10:49,080
 got enough time to re-notice that, correct?

207
00:10:49,080 --> 00:10:50,080
 Or do we need to --

208
00:10:50,080 --> 00:10:55,120
 >> We would prefer if we could open the public hearing and postpone it to make certain.

209
00:10:55,120 --> 00:11:00,200
 >> Okay, so we do want to open the public hearing, keep it open, and look to --

210
00:11:00,200 --> 00:11:06,800
 >> Yes, and we plan to bring that back on November 15th.

211
00:11:06,800 --> 00:11:07,800
 >> Okay.

212
00:11:07,800 --> 00:11:09,840
 Questions on that?

213
00:11:09,840 --> 00:11:10,840
 No?

214
00:11:10,840 --> 00:11:11,840
 Okay.

215
00:11:11,840 --> 00:11:20,280
 Then our public hearing that will happen today is 5B, I think that's an I, SI230002.

216
00:11:20,280 --> 00:11:33,920
 >> Yes, correct, SI230002, this is a staff-initiated rezoning, so hence that project number.

217
00:11:33,920 --> 00:11:38,120
 So this is a request to rezone the property from Geo District to MN District.

218
00:11:38,120 --> 00:11:43,440
 You might be familiar with -- or have been aware that this was coming forward to you.

219
00:11:43,440 --> 00:11:53,360
 It is related to the DDC changes that we made about a month or two ago related to reasonable

220
00:11:53,360 --> 00:11:58,160
 accommodation, group homes, community homes, and then elderly housing.

221
00:11:58,160 --> 00:12:05,640
 This is an elderly housing development that was constructed in 2008, and with those DDC

222
00:12:05,640 --> 00:12:08,240
 updates, it did make this use nonconforming.

223
00:12:08,240 --> 00:12:13,640
 We did do the 929 notification on this and let them know that we would be returning with

224
00:12:13,640 --> 00:12:16,100
 the staff-initiated rezoning.

225
00:12:16,100 --> 00:12:21,400
 We did review this request in relationship to the criteria for approval and the Denton

226
00:12:21,400 --> 00:12:27,560
 2040, and determined it is consistent with that criteria and the Comprehensive Plan,

227
00:12:27,560 --> 00:12:34,000
 and so staff is making a recommendation of approval for this request, and I will be happy

228
00:12:34,000 --> 00:12:38,440
 to answer any questions.

229
00:12:38,440 --> 00:12:39,440
 Questions on this one?

230
00:12:39,440 --> 00:12:45,280
 Julie, I know in the backup when you were doing comparisons, zoning comparisons, you

231
00:12:45,280 --> 00:12:51,600
 still had it checked that elderly housing under Geo, so I assume that was just an old

232
00:12:51,600 --> 00:12:52,600
 thing?

233
00:12:52,600 --> 00:12:53,600
 It is an old thing.

234
00:12:53,600 --> 00:12:54,600
 Thank you.

235
00:12:54,600 --> 00:12:55,600
 I apologize.

236
00:12:55,600 --> 00:12:56,600
 That's fine.

237
00:12:56,600 --> 00:12:58,600
 I'll make sure that's corrected for the City Council.

238
00:12:58,600 --> 00:12:59,600
 Yeah.

239
00:12:59,600 --> 00:13:00,600
 That's exactly what I brought it up.

240
00:13:00,600 --> 00:13:01,600
 Thank you.

241
00:13:01,600 --> 00:13:06,320
 Yeah, I'm looking at that and it's like, "Wait a second, what are we doing again?"

242
00:13:06,320 --> 00:13:07,320
 Okay.

243
00:13:07,320 --> 00:13:14,400
 I think that was my only question there.

244
00:13:14,400 --> 00:13:15,400
 Anybody else?

245
00:13:15,400 --> 00:13:16,400
 Pretty straightforward.

246
00:13:16,400 --> 00:13:17,400
 Okay.

247
00:13:17,400 --> 00:13:18,400
 Thank you.

248
00:13:18,400 --> 00:13:19,400
 Thank you very much.

249
00:13:19,400 --> 00:13:20,400
 Okay.

250
00:13:20,400 --> 00:13:25,960
 That is our agenda for this evening, so we will move to our work session report.

251
00:13:25,960 --> 00:13:34,760
 We've got one today and it is 3A, PZ 23251, Receive a Report, Hold a Discussion Regarding

252
00:13:34,760 --> 00:13:39,080
 Municipal Airport Overlay District.

253
00:13:39,080 --> 00:13:45,480
 Good evening, Ashley Eckstead, Assistant Planner.

254
00:13:45,480 --> 00:13:50,000
 Tonight we are going to be discussing the airport height hazard overlay and the compatibility

255
00:13:50,000 --> 00:13:55,320
 land use district, and these are both part of the municipal airport overlay in our DDC.

256
00:13:55,320 --> 00:14:01,920
 So, the overlay does apply to the city and the ETJ, and these standards conform to the

257
00:14:01,920 --> 00:14:05,840
 current FAA regulations and the needs of the Denton Municipal Airport.

258
00:14:05,840 --> 00:14:10,800
 And we're having this discussion based off a specific use permit last year for a telecommunications

259
00:14:10,800 --> 00:14:14,680
 tower that was encroaching into the height hazard district, so we're going to go over

260
00:14:14,680 --> 00:14:18,200
 more detail of that later on in the presentation.

261
00:14:18,200 --> 00:14:23,280
 And on this image over here, you can see how large this overlay is, how far out into the

262
00:14:23,280 --> 00:14:24,280
 ETJ it extends.

263
00:14:24,280 --> 00:14:28,720
 And so, this larger one is the height hazard district, and then this one closer to the

264
00:14:28,720 --> 00:14:33,500
 airport is the compatibility land use district.

265
00:14:33,500 --> 00:14:37,200
 The height hazard district, this district establishes height limitations on structures

266
00:14:37,200 --> 00:14:41,680
 and natural objects within the area traversed by flight tracks of aircraft, and it does

267
00:14:41,680 --> 00:14:46,840
 contain four sub-districts, the approach, transitional, horizontal, and conical.

268
00:14:46,840 --> 00:14:51,760
 And on this image, they're color-coded, and you can see where each one of these districts

269
00:14:51,760 --> 00:14:57,120
 is and where they are in relation to the city.

270
00:14:57,120 --> 00:15:00,080
 The airport website has a lot of information for developers.

271
00:15:00,080 --> 00:15:05,280
 They have a tab specifically for development for on-airport and off-airport development,

272
00:15:05,280 --> 00:15:09,100
 and this is one form that all development within a five-mile radius of the airport is

273
00:15:09,100 --> 00:15:14,680
 required to fill out, and the airport website does provide information on this form and

274
00:15:14,680 --> 00:15:19,120
 also a link to the FAA website where the developers can fill this out.

275
00:15:19,120 --> 00:15:25,480
 And then the FAA will send a determination letter that's reviewed by the airport.

276
00:15:25,480 --> 00:15:29,600
 The airport also provides a tool to estimate if you're going to be encroaching into the

277
00:15:29,600 --> 00:15:31,360
 height hazard district.

278
00:15:31,360 --> 00:15:36,060
 This link is also on the airport site, and this is what the form looks like for developers,

279
00:15:36,060 --> 00:15:40,800
 and they can input the structure type, the coordinates, the site elevation, and the proposed

280
00:15:40,800 --> 00:15:44,840
 structure height, and this form will tell them whether they are encroaching.

281
00:15:44,840 --> 00:15:51,440
 And this is not a confirmed determination or anything like that, but it does help them

282
00:15:51,440 --> 00:15:55,840
 in the planning stages of their process.

283
00:15:55,840 --> 00:16:00,400
 So encroachments into the airport height hazard district, this is the general outlay of the

284
00:16:00,400 --> 00:16:01,400
 process.

285
00:16:01,400 --> 00:16:06,160
 First, they need to provide the determination letter from the FAA on the effect of the safety

286
00:16:06,160 --> 00:16:09,600
 of the airspace, and then the airport would review that request.

287
00:16:09,600 --> 00:16:13,600
 If a specific use permit is required, either for the height or the land use, that would

288
00:16:13,600 --> 00:16:18,220
 be the next step, and then the last step would be to request a variance from the Zoning Board

289
00:16:18,220 --> 00:16:24,200
 of Adjustment to encroach into the airport height hazard district.

290
00:16:24,200 --> 00:16:27,120
 And this is the example from last year.

291
00:16:27,120 --> 00:16:32,840
 An applicant had proposed a 150-foot monopole telecommunications tower, and a specific use

292
00:16:32,840 --> 00:16:37,100
 permit is required for all monopole towers over 85 feet.

293
00:16:37,100 --> 00:16:41,560
 So there was a specific use permit, and that went to planning and zoning and city council,

294
00:16:41,560 --> 00:16:46,520
 and that was for the height of the tower itself and not for the encroachment into the airport

295
00:16:46,520 --> 00:16:48,740
 height hazard district.

296
00:16:48,740 --> 00:16:53,880
 So because they were encroaching into the airport height hazard district, which limited

297
00:16:53,880 --> 00:17:00,520
 them to a height of 810 feet above mean sea level, and the proposed tower was 871 feet

298
00:17:00,520 --> 00:17:02,140
 above mean sea level.

299
00:17:02,140 --> 00:17:05,740
 So after their specific use permit, the next step in the process for them was getting a

300
00:17:05,740 --> 00:17:10,600
 variance approved by the Zoning Board of Adjustment for the actual encroachment into the airport

301
00:17:10,600 --> 00:17:12,220
 height hazard district.

302
00:17:12,220 --> 00:17:17,640
 So if the specific use permit wasn't required for the monopole tower over 85 feet, that

303
00:17:17,640 --> 00:17:21,000
 step would not have been required in this process.

304
00:17:21,000 --> 00:17:25,760
 So they would have just went to the Zoning Board of Adjustment for the variance to encroach

305
00:17:25,760 --> 00:17:30,840
 into the height hazard district.

306
00:17:30,840 --> 00:17:34,680
 And Erin is going to walk us through the compatibility language district.

307
00:17:34,680 --> 00:17:36,880
 Erin Stanley, assistant planner.

308
00:17:36,880 --> 00:17:42,720
 So the airport master plan that we currently have was completed in 2015.

309
00:17:42,720 --> 00:17:49,340
 This just didn't change anything for height district requirements or land use from the

310
00:17:49,340 --> 00:17:54,360
 1995 master plan, which was in alignment with the FAA regulations.

311
00:17:54,360 --> 00:17:59,880
 The airport will start a new master plan at the end of this year and should be completed

312
00:17:59,880 --> 00:18:01,920
 in about two years.

313
00:18:01,920 --> 00:18:08,120
 The airport doesn't anticipate any changes to the height district requirements or land

314
00:18:08,120 --> 00:18:10,920
 use district may have a few small changes.

315
00:18:10,920 --> 00:18:15,800
 So once that's completed, we will work with them and look at the master plan, do any DDC

316
00:18:15,800 --> 00:18:19,060
 updates as needed.

317
00:18:19,060 --> 00:18:26,000
 So the second airport overlay district is the land use district, the compatibility district.

318
00:18:26,000 --> 00:18:33,420
 So this is going to regulate land uses that could be, could conflict with airport needs.

319
00:18:33,420 --> 00:18:38,480
 Some land uses are prohibited and others just have certain additional standards that they'll

320
00:18:38,480 --> 00:18:44,440
 need to follow if they are impacted by noise from the airport.

321
00:18:44,440 --> 00:18:49,620
 And there are two sub districts of this compatibility district.

322
00:18:49,620 --> 00:18:51,600
 You can see them both here.

323
00:18:51,600 --> 00:18:55,800
 We have them in our DDC as well as the interactive map.

324
00:18:55,800 --> 00:19:02,360
 The first compatibility land use district is the inner circle.

325
00:19:02,360 --> 00:19:06,180
 And then the second is the outer circle.

326
00:19:06,180 --> 00:19:13,840
 So in the first one closer to the airport, all new residential uses are prohibited.

327
00:19:13,840 --> 00:19:19,840
 Both districts do also prohibit educational facilities unless they're specifically related

328
00:19:19,840 --> 00:19:26,360
 to aviation, and they both also prohibit healthcare facilities.

329
00:19:26,360 --> 00:19:31,080
 And then in the second district further away from the airport, new residential structures

330
00:19:31,080 --> 00:19:36,440
 are allowed, but they need to comply with the FAA standards for noise mitigation or

331
00:19:36,440 --> 00:19:42,600
 execute an avocation easement, just recognizing that there will be impacts on the, on the

332
00:19:42,600 --> 00:19:45,180
 residences, but they're accepting that.

333
00:19:45,180 --> 00:19:50,880
 And then again, they both prohibit the educational facilities and healthcare facilities.

334
00:19:50,880 --> 00:19:53,880
 And that is our presentation.

335
00:19:53,880 --> 00:19:54,880
 Any questions?

336
00:19:54,880 --> 00:19:55,880
 Thank you.

337
00:19:55,880 --> 00:19:56,880
 Questions?

338
00:19:56,880 --> 00:19:57,880
 Commissioner Perrot?

339
00:19:57,880 --> 00:19:58,880
 Thank you, Chair.

340
00:19:58,880 --> 00:20:02,720
 It's always fun learning new things.

341
00:20:02,720 --> 00:20:07,720
 On the height overlays, can you go back to, I think there was an early slide that showed

342
00:20:07,720 --> 00:20:14,280
 the geographic, yeah, that one, one, I just didn't know, but apparently it looks like

343
00:20:14,280 --> 00:20:21,240
 all landoffs, landoffs, landings and takeoffs come from or go to the north as opposed to

344
00:20:21,240 --> 00:20:22,240
 the south.

345
00:20:22,240 --> 00:20:23,240
 Is that accurate, I guess?

346
00:20:23,240 --> 00:20:24,240
 Do you want to?

347
00:20:24,240 --> 00:20:25,240
 Go ahead.

348
00:20:25,240 --> 00:20:31,480
 So the, no, the orange part that's to the south there, that's the takeoff space.

349
00:20:31,480 --> 00:20:35,920
 They really just, the way the planes take off, they don't need as much height district

350
00:20:35,920 --> 00:20:36,920
 there.

351
00:20:36,920 --> 00:20:37,920
 They just angle right up.

352
00:20:37,920 --> 00:20:38,920
 All the things move.

353
00:20:38,920 --> 00:20:39,920
 So it's more the approach zone.

354
00:20:39,920 --> 00:20:40,920
 Thank you.

355
00:20:40,920 --> 00:20:41,920
 That's the important part.

356
00:20:41,920 --> 00:20:51,960
 And then is, sorry if I didn't see this in the backup, but ballpark in those four height

357
00:20:51,960 --> 00:20:52,960
 zones.

358
00:20:52,960 --> 00:20:53,960
 What is the height limit?

359
00:20:53,960 --> 00:20:58,640
 I know the 85 foot was above or one of them was 85 feet because that's what we talked

360
00:20:58,640 --> 00:21:01,120
 about with that tower location.

361
00:21:01,120 --> 00:21:04,960
 And is that just for towers or is it for buildings as well?

362
00:21:04,960 --> 00:21:09,160
 It's for buildings and any natural objects too, like any trees would be also limited

363
00:21:09,160 --> 00:21:15,060
 to this, but I think it's mostly would just be buildings and tall towers.

364
00:21:15,060 --> 00:21:18,280
 They go up sort of incrementally.

365
00:21:18,280 --> 00:21:22,400
 There are different ratios for each district that they go up.

366
00:21:22,400 --> 00:21:28,880
 Generally, it's just further as you get away, but it's all based on the elevation of the

367
00:21:28,880 --> 00:21:33,640
 very like inner purple part that you see, because that's going to be the elevation of

368
00:21:33,640 --> 00:21:36,480
 the actual runway where the planes are.

369
00:21:36,480 --> 00:21:41,360
 So then it's complicated because you have to take into consideration that elevation and

370
00:21:41,360 --> 00:21:47,480
 compare it to your real elevation and then measure with the calculation.

371
00:21:47,480 --> 00:21:50,720
 So when we talked to the airport, they said, we don't even do that math.

372
00:21:50,720 --> 00:21:52,640
 The FAA does that math.

373
00:21:52,640 --> 00:21:58,500
 We just like review it and see if it will work for us with what they come back with.

374
00:21:58,500 --> 00:22:03,280
 We were trying to do the calculations and it's complicated because you have to reference

375
00:22:03,280 --> 00:22:07,460
 it to the landing strip.

376
00:22:07,460 --> 00:22:12,800
 We have slides with each of these districts, the zone's calculation, if you want to see

377
00:22:12,800 --> 00:22:13,800
 that.

378
00:22:13,800 --> 00:22:16,560
 No, it's just fascinating.

379
00:22:16,560 --> 00:22:23,840
 I was just trying to understand whether, my guess is since we haven't seen any other applications

380
00:22:23,840 --> 00:22:29,440
 and there's been a fair amount of development in that zone that none of the industrial developments

381
00:22:29,440 --> 00:22:34,600
 have run across that limitation and those are typically what, like in the 40 to 50 foot

382
00:22:34,600 --> 00:22:35,600
 high range?

383
00:22:35,600 --> 00:22:36,600
 So, okay.

384
00:22:36,600 --> 00:22:41,320
 I would say typically the zoning district already regulates it enough.

385
00:22:41,320 --> 00:22:44,320
 So it's mostly just taller towers or really tall buildings.

386
00:22:44,320 --> 00:22:45,320
 Okay.

387
00:22:45,320 --> 00:22:46,320
 Thank you.

388
00:22:46,320 --> 00:22:49,000
 Commissioner Villareal.

389
00:22:49,000 --> 00:22:50,000
 Thank you.

390
00:22:50,000 --> 00:22:55,800
 If you could just explain for a bit why we preclude hospitals and educational facilities

391
00:22:55,800 --> 00:23:03,160
 in that second district but not residential?

392
00:23:03,160 --> 00:23:05,400
 I am honestly not sure.

393
00:23:05,400 --> 00:23:08,680
 Haley, do you have an answer for that?

394
00:23:08,680 --> 00:23:12,400
 That's how the DDC states the districts.

395
00:23:12,400 --> 00:23:16,400
 My understanding is it's all just related to the noise and the nuisance that that could

396
00:23:16,400 --> 00:23:18,560
 create for those particular uses.

397
00:23:18,560 --> 00:23:23,240
 For example, in the second district, we allow residential structures, but they have to execute

398
00:23:23,240 --> 00:23:27,060
 that easement or sign off on something that says, we're aware that our house is going

399
00:23:27,060 --> 00:23:31,160
 to constantly be under noisy conditions that may not be pleasant to live in.

400
00:23:31,160 --> 00:23:34,240
 Whereas a school or a healthcare facility, everyone that's in that building that could

401
00:23:34,240 --> 00:23:37,760
 be bothered by that nuisance, we wouldn't be able to get all of them to sign off on

402
00:23:37,760 --> 00:23:42,520
 something saying, we're aware of this and we agree to waive our right to a peaceful

403
00:23:42,520 --> 00:23:45,600
 learning environment or peaceful hospice environment.

404
00:23:45,600 --> 00:23:48,000
 So it's all noise related and nuisance potential.

405
00:23:48,000 --> 00:23:49,000
 Got it.

406
00:23:49,000 --> 00:23:54,680
 Have we had a lot of residential development in that district?

407
00:23:54,680 --> 00:24:01,080
 I know to the south, do you know more?

408
00:24:01,080 --> 00:24:02,400
 I'm not sure.

409
00:24:02,400 --> 00:24:05,440
 No, I don't believe there's been a lot of new development.

410
00:24:05,440 --> 00:24:11,240
 There are some existing homes that are generally nonconforming to the zoning that are out there.

411
00:24:11,240 --> 00:24:15,660
 I do believe with the development of Colt Ranch, eventually we'll see possibly some

412
00:24:15,660 --> 00:24:20,280
 of those uses proposed in that area and may have to navigate some of these waters.

413
00:24:20,280 --> 00:24:25,480
 But so far it has not been an issue, mostly because the zoning out there is already for

414
00:24:25,480 --> 00:24:27,280
 industrial type uses primarily.

415
00:24:27,280 --> 00:24:28,280
 Gotcha.

416
00:24:28,280 --> 00:24:32,880
 And just in that scenario that potentially new homeowners would be given the information

417
00:24:32,880 --> 00:24:33,880
 about...

418
00:24:33,880 --> 00:24:34,880
 Correct.

419
00:24:34,880 --> 00:24:39,020
 There would either be the FAA form that they would have to fill out or there would be an

420
00:24:39,020 --> 00:24:42,080
 easement placed over the property and then they would be made aware of that when they

421
00:24:42,080 --> 00:24:45,320
 go to close on the new home or something of that nature.

422
00:24:45,320 --> 00:24:49,840
 Sorry, one final point.

423
00:24:49,840 --> 00:24:54,640
 Is there a reason why we just don't go ahead and preclude it for new developments?

424
00:24:54,640 --> 00:24:58,200
 I'm just a little perplexed here.

425
00:24:58,200 --> 00:25:02,480
 My understanding is everything in our airport districts is based on federal statutes, so

426
00:25:02,480 --> 00:25:07,360
 we just adopted standards consistent with what the FAA allows around any airport nationwide.

427
00:25:07,360 --> 00:25:08,360
 Okay.

428
00:25:08,360 --> 00:25:09,360
 Thanks.

429
00:25:09,360 --> 00:25:13,780
 Thank you, Commissioner Villarreal.

430
00:25:13,780 --> 00:25:18,280
 So I guess kind of in that same thing you've got here, must comply with noise mitigation

431
00:25:18,280 --> 00:25:21,160
 standards that is written by the FAA?

432
00:25:21,160 --> 00:25:22,160
 Yes.

433
00:25:22,160 --> 00:25:23,160
 Yeah.

434
00:25:23,160 --> 00:25:29,160
 So the DDC does say that they must comply with the noise mitigation set by the FAA.

435
00:25:29,160 --> 00:25:37,240
 And the FAA requirement is 65 decibels level of how much you can restrict the sound I guess.

436
00:25:37,240 --> 00:25:42,520
 And so that's the FAA standard for their noise mitigation in that district.

437
00:25:42,520 --> 00:25:45,880
 Yeah, and I know I asked for this work session.

438
00:25:45,880 --> 00:25:49,400
 It's been a year, so I'm trying to remember exactly why.

439
00:25:49,400 --> 00:25:55,440
 I feel like it had more to do with the process of what they had to go through because they

440
00:25:55,440 --> 00:26:00,040
 had to come see us and then they had to go to the zoning board of adjustment.

441
00:26:00,040 --> 00:26:08,760
 And I'm pretty sure I think that's why I requested this.

442
00:26:08,760 --> 00:26:16,080
 So I still think we have like a process issue that is kind of burdensome.

443
00:26:16,080 --> 00:26:17,080
 I don't know if you --

444
00:26:17,080 --> 00:26:18,080
 Sure.

445
00:26:18,080 --> 00:26:20,320
 I guess the only thing I would add, and when we were looking through the code preparing

446
00:26:20,320 --> 00:26:26,200
 for this, the only use that would fall into that category of having to go to potentially

447
00:26:26,200 --> 00:26:30,400
 P&Z Council and ZBA is actually cell towers.

448
00:26:30,400 --> 00:26:36,200
 Most of the other uses in those districts, I guess there could be maybe some really obscure,

449
00:26:36,200 --> 00:26:39,680
 I can't think of what it might be, like really intense industrial operations someday that

450
00:26:39,680 --> 00:26:42,200
 wanted a super high building.

451
00:26:42,200 --> 00:26:45,720
 But as Ashley and Erin mentioned, the zoning districts take care of most of this issue

452
00:26:45,720 --> 00:26:48,880
 for us because they don't allow structures to be high enough that they would run into

453
00:26:48,880 --> 00:26:50,600
 an issue with the airport.

454
00:26:50,600 --> 00:26:56,200
 It's the cell towers that can get those exceptions to go higher than certain levels that would

455
00:26:56,200 --> 00:26:59,800
 be the potential encroachments that we would most likely have to regulate.

456
00:26:59,800 --> 00:27:01,260
 So it's a very narrow issue.

457
00:27:01,260 --> 00:27:06,000
 We do agree that it's a complex convoluted process for them, but it is few and far between

458
00:27:06,000 --> 00:27:09,440
 that we would have that occur.

459
00:27:09,440 --> 00:27:15,760
 And our regulations are coming direct from FAA?

460
00:27:15,760 --> 00:27:16,760
 Yes.

461
00:27:16,760 --> 00:27:21,200
 Yeah, the height standards are.

462
00:27:21,200 --> 00:27:23,200
 We did talk internally about this.

463
00:27:23,200 --> 00:27:28,800
 I guess there is a world where we could consider a code amendment in the future to change who

464
00:27:28,800 --> 00:27:35,360
 oversees those height adjustments and maybe switch that from ZBA to a different body in

465
00:27:35,360 --> 00:27:40,560
 the event that there's a concurrent SUP request, but we would have to amend the DDC to do that.

466
00:27:40,560 --> 00:27:44,520
 At this time, like I said, that's the only case I've seen in eight years with the city

467
00:27:44,520 --> 00:27:48,440
 that had to go through that three-step process, so I don't think these occur very often.

468
00:27:48,440 --> 00:27:52,320
 And we have an airport committee, right?

469
00:27:52,320 --> 00:27:53,320
 I believe so.

470
00:27:53,320 --> 00:27:56,480
 They will be assisting with that master plan update.

471
00:27:56,480 --> 00:27:57,480
 Okay.

472
00:27:57,480 --> 00:27:58,480
 Okay.

473
00:27:58,480 --> 00:27:59,480
 Yeah.

474
00:27:59,480 --> 00:28:01,240
 They should look into that.

475
00:28:01,240 --> 00:28:08,460
 Especially because the subject itself is something that -- I mean, you all did a great job, honestly.

476
00:28:08,460 --> 00:28:12,600
 That was a wealth of information in a very short time, so thank you.

477
00:28:12,600 --> 00:28:19,180
 But it's odd for us to be, I feel like, seeing this kind of thing, and certainly ZBA to see

478
00:28:19,180 --> 00:28:20,180
 it as well.

479
00:28:20,180 --> 00:28:25,160
 It just, to me, the process doesn't -- it just doesn't seem to quite make sense for

480
00:28:25,160 --> 00:28:30,800
 the people who have a better knowledge of what we're actually dealing with here.

481
00:28:30,800 --> 00:28:36,720
 So yeah, I think more needs to be -- more needs to be done, for sure.

482
00:28:36,720 --> 00:28:41,740
 Yeah, and I will say, in the instance where this occurs, they -- in that case, the cell

483
00:28:41,740 --> 00:28:47,240
 tower already had full FAA approval for the height, so it was more of a -- unfortunately

484
00:28:47,240 --> 00:28:50,840
 kind of a ministerial function for ZBA at that point, because the Federal Aviation Authority

485
00:28:50,840 --> 00:28:53,280
 had already said, yes, this height is good.

486
00:28:53,280 --> 00:28:56,200
 It's not going to create a safety hazard of any sort.

487
00:28:56,200 --> 00:29:00,380
 So yeah, that's something we could look into in the future, but we would have to consider

488
00:29:00,380 --> 00:29:04,000
 how to amend the code to get people out of that process.

489
00:29:04,000 --> 00:29:08,760
 Yeah, I just -- yeah, I feel like we really are -- like, it's just kind of burdensome,

490
00:29:08,760 --> 00:29:13,640
 and seemingly, yeah, like, in front of the wrong body, to me.

491
00:29:13,640 --> 00:29:14,640
 Anyway.

492
00:29:14,640 --> 00:29:15,640
 Anybody else?

493
00:29:15,640 --> 00:29:16,640
 Commissioner Pruitt.

494
00:29:16,640 --> 00:29:23,400
 Yeah, I guess just along the vein of the process, one of the things I was trying to understand

495
00:29:23,400 --> 00:29:27,040
 by looking at the map there -- and I understand it's complicated because it's based on the

496
00:29:27,040 --> 00:29:31,880
 runway height, and so we don't really have a purpose-built GIS layer that just calculates

497
00:29:31,880 --> 00:29:32,880
 all that.

498
00:29:32,880 --> 00:29:39,640
 But I was trying to think through, you know, if the person or entity doing development

499
00:29:39,640 --> 00:29:46,240
 in this region is the one responsible to go to that FAA site and fill this thing out,

500
00:29:46,240 --> 00:29:52,360
 and then we're over here approving zoning compliance and that sort of thing, is there

501
00:29:52,360 --> 00:29:59,200
 a point at which we verify that they've filled that form out if they're doing something within

502
00:29:59,200 --> 00:30:00,200
 that zone?

503
00:30:00,200 --> 00:30:01,200
 How does that work?

504
00:30:01,200 --> 00:30:02,200
 Sure.

505
00:30:02,200 --> 00:30:04,680
 Do you want to speak to that, Ashley, if you want me to?

506
00:30:04,680 --> 00:30:08,720
 So the airport is involved with -- on our pre-application conferences and things like

507
00:30:08,720 --> 00:30:13,120
 that with all those kinds of projects, but mostly that are closer to the airport.

508
00:30:13,120 --> 00:30:15,760
 They said their biggest concern really is the approach zone.

509
00:30:15,760 --> 00:30:17,900
 That's where they're most concerned with.

510
00:30:17,900 --> 00:30:22,640
 So we do check for definitely a building permit, but at every step of the process when we know

511
00:30:22,640 --> 00:30:25,280
 it's in one of these zones, we're kind of looking out for that.

512
00:30:25,280 --> 00:30:30,040
 But for the most part, the buildings aren't going to be encroaching into these zones,

513
00:30:30,040 --> 00:30:35,640
 but the airport likes the 7460 form to alert them even if there's a temporary obstruction

514
00:30:35,640 --> 00:30:39,520
 so that the FAA can alert airplanes and things like that that there's a crane or something

515
00:30:39,520 --> 00:30:40,520
 like that.

516
00:30:40,520 --> 00:30:41,520
 Sure.

517
00:30:41,520 --> 00:30:47,340
 Yeah, because, I mean, it begs the question of, you know, do some of the industrial buildings

518
00:30:47,340 --> 00:30:52,800
 that are going up need, you know, an aerial easement or something to be able to have the

519
00:30:52,800 --> 00:30:54,680
 crane above a certain height or something?

520
00:30:54,680 --> 00:31:00,840
 So that sounds like there's a meeting process in place to make sure that's connected, so

521
00:31:00,840 --> 00:31:01,840
 thank you.

522
00:31:01,840 --> 00:31:02,840
 Thank you.

523
00:31:02,840 --> 00:31:03,840
 Anybody else?

524
00:31:03,840 --> 00:31:04,840
 Thank you again.

525
00:31:04,840 --> 00:31:05,840
 Thank you.

526
00:31:05,840 --> 00:31:13,440
 Like I said, you did a great job simplifying complicated information and teaching us a

527
00:31:13,440 --> 00:31:14,440
 lot.

528
00:31:14,440 --> 00:31:15,440
 We appreciate it.

529
00:31:15,440 --> 00:31:16,440
 Thanks.

530
00:31:16,440 --> 00:31:18,600
 We're going to move on to the last thing on our work session.

531
00:31:18,600 --> 00:31:31,080
 So I will go ahead and adjourn us at 536 p.m. and we will reconvene at 630 in council chambers.

532
00:31:31,080 --> 00:31:34,280
 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for

533
00:31:34,280 --> 00:31:37,960
 Wednesday, October 25th, 2023.

534
00:31:37,960 --> 00:31:42,160
 With a quorum present, I will call us to order at 630 p.m.

535
00:31:42,160 --> 00:31:47,360
 For the record, Commissioner Smith is absent from today's meeting.

536
00:31:47,360 --> 00:31:51,280
 First item on our agenda is Pledge of Allegiance to the U.S. and Texas Flags.

537
00:31:51,280 --> 00:32:01,520
 I pledge allegiance to the flag of the United States of America and to the Republic for

538
00:32:01,520 --> 00:32:07,440
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

539
00:32:07,440 --> 00:32:18,160
 On the Texas flag, I pledge allegiance to the Texas one state, under God, one indivisible.

540
00:32:18,160 --> 00:32:19,400
 Thank you.

541
00:32:19,400 --> 00:32:23,920
 Next item on our agenda is to consider approval of the Planning and Zoning Commission meeting

542
00:32:23,920 --> 00:32:27,240
 minutes for October 11th.

543
00:32:27,240 --> 00:32:28,240
 Commissioner Villarreal.

544
00:32:28,240 --> 00:32:30,120
 I move approval.

545
00:32:30,120 --> 00:32:31,120
 Commissioner Cole.

546
00:32:31,120 --> 00:32:32,120
 Second.

547
00:32:32,120 --> 00:32:33,120
 Okay.

548
00:32:33,120 --> 00:32:34,120
 We've got a first and a second for approval.

549
00:32:34,120 --> 00:32:35,120
 Any discussion?

550
00:32:35,120 --> 00:32:36,120
 Okay.

551
00:32:36,120 --> 00:32:43,760
 Let's vote, please.

552
00:32:43,760 --> 00:32:47,480
 That motion carries 5-0.

553
00:32:47,480 --> 00:32:51,320
 That will take us to our consent agenda this evening.

554
00:32:51,320 --> 00:32:52,320
 Commissioner Villarreal.

555
00:32:52,320 --> 00:32:53,840
 I move approval.

556
00:32:53,840 --> 00:32:54,840
 Commissioner Cole.

557
00:32:54,840 --> 00:32:55,840
 Second.

558
00:32:55,840 --> 00:32:56,840
 Okay.

559
00:32:56,840 --> 00:32:57,920
 First and a second to approve the consent agenda.

560
00:32:57,920 --> 00:32:58,920
 Any discussion?

561
00:32:58,920 --> 00:32:59,920
 Okay.

562
00:32:59,920 --> 00:33:07,680
 Let's vote, please.

563
00:33:07,680 --> 00:33:11,040
 That motion will carry 5-0.

564
00:33:11,040 --> 00:33:15,680
 That will take us to our items for individual consideration.

565
00:33:15,680 --> 00:33:19,960
 We are going to go a little bit out of order because one of our staff members is running

566
00:33:19,960 --> 00:33:22,280
 a little bit behind.

567
00:33:22,280 --> 00:33:31,820
 So at this time, we're going to take item 4A and 4B and move them below C and D. So

568
00:33:31,820 --> 00:33:37,800
 we will start now with 4C, V23-0006.

569
00:33:37,800 --> 00:33:43,560
 Ashley is here for presentation.

570
00:33:43,560 --> 00:33:45,640
 Good evening, Chair, members of the commission.

571
00:33:45,640 --> 00:33:47,600
 Ashley Eckstead, Assistant Planner.

572
00:33:47,600 --> 00:33:50,100
 This is V23-0006.

573
00:33:50,100 --> 00:33:54,880
 This is a subdivision variance for 3301 North Elm Street.

574
00:33:54,880 --> 00:33:58,600
 This is a request for a variance to reduce the minimum number of full vehicular access

575
00:33:58,600 --> 00:34:03,740
 points from 2 to 1 and also provide one emergency-only access.

576
00:34:03,740 --> 00:34:08,920
 This is a proposed multifamily development located on the south side of North Elm Street.

577
00:34:08,920 --> 00:34:15,100
 They are requesting to vary from DDC 832C1C, which does require at least two full points

578
00:34:15,100 --> 00:34:19,800
 of vehicular access into residential uses with 30 or more dwelling units.

579
00:34:19,800 --> 00:34:22,720
 And staff will be recommending approval.

580
00:34:22,720 --> 00:34:27,600
 And on this site plan, Site Driveway 1 will be their full access point that aligns with

581
00:34:27,600 --> 00:34:32,840
 the existing median opening, and Site Driveway 2 will be their emergency access.

582
00:34:32,840 --> 00:34:37,480
 Elm is a primary arterial which requires 200-foot drive spacing, which would put their second

583
00:34:37,480 --> 00:34:44,800
 full access point into the area that they are wanting to use as tree preservation.

584
00:34:44,800 --> 00:34:51,080
 The zoning on this site is R7, and they are proposing a 67-unit multifamily residential

585
00:34:51,080 --> 00:34:52,080
 development.

586
00:34:52,080 --> 00:34:56,520
 A separate specific use permit application will follow at a later date for the multifamily

587
00:34:56,520 --> 00:34:57,520
 use.

588
00:34:57,520 --> 00:35:03,880
 Approval of this subdivision variance does not best the multifamily use on this property.

589
00:35:03,880 --> 00:35:06,280
 This is another view of the same design.

590
00:35:06,280 --> 00:35:08,800
 You can see this is their full access drive.

591
00:35:08,800 --> 00:35:13,880
 This is their emergency access, and this will be their tree preservation area.

592
00:35:13,880 --> 00:35:18,000
 And on this aerial, you can see how many trees are along their west property line that they

593
00:35:18,000 --> 00:35:22,080
 would like to preserve.

594
00:35:22,080 --> 00:35:24,140
 This was one of their alternative proposals.

595
00:35:24,140 --> 00:35:28,760
 The main driveway is still in the same location, and you can see the driveway that it goes

596
00:35:28,760 --> 00:35:30,640
 through the tree preservation area.

597
00:35:30,640 --> 00:35:33,980
 This does meet the 200-foot minimum drive spacing.

598
00:35:33,980 --> 00:35:38,620
 They would not be able to meet tree preservation requirements with this plan, and we also want

599
00:35:38,620 --> 00:35:46,100
 to limit access to arterials, and this would not align with that goal.

600
00:35:46,100 --> 00:35:51,480
 The criteria for approval for subdivision variances are in DDC subchapter 2.

601
00:35:51,480 --> 00:35:56,100
 Due to the property shape, the existing trees, the existing property frontage, and the existing

602
00:35:56,100 --> 00:36:01,340
 roadway classifications, it would be challenging for the property to meet all applicable requirements

603
00:36:01,340 --> 00:36:04,760
 of the DDC and TDCM.

604
00:36:04,760 --> 00:36:08,480
 Granting this variance will not be detrimental to the public health, safety, or welfare,

605
00:36:08,480 --> 00:36:14,680
 and the special conditions were not based on the results or actions by the owner.

606
00:36:14,680 --> 00:36:19,440
 Staff does recommend approval of the request as it complies with the criterion 245E and

607
00:36:19,440 --> 00:36:23,300
 287D of the Denton Development Code.

608
00:36:23,300 --> 00:36:26,320
 Happy to answer any questions.

609
00:36:26,320 --> 00:36:27,320
 Thank you, Ashley.

610
00:36:27,320 --> 00:36:28,320
 Any questions?

611
00:36:28,320 --> 00:36:32,520
 I do not see any.

612
00:36:32,520 --> 00:36:35,640
 Thank you so much.

613
00:36:35,640 --> 00:36:40,120
 This time, Chair can entertain a motion or discussion.

614
00:36:40,120 --> 00:36:41,120
 Commissioner Pruitt?

615
00:36:41,120 --> 00:36:42,120
 Move approval.

616
00:36:42,120 --> 00:36:43,120
 Commissioner Cole?

617
00:36:43,120 --> 00:36:44,120
 Second.

618
00:36:44,120 --> 00:36:45,120
 Okay.

619
00:36:45,120 --> 00:36:46,800
 We've got a first and a second for approval.

620
00:36:46,800 --> 00:36:48,720
 Is there any discussion?

621
00:36:48,720 --> 00:36:49,720
 Okay.

622
00:36:49,720 --> 00:36:58,560
 Let's vote, please.

623
00:36:58,560 --> 00:37:01,280
 That motion carries 5-0.

624
00:37:01,280 --> 00:37:06,640
 Now we will hear 4-D, PP23-0021A.

625
00:37:06,640 --> 00:37:10,320
 I'll invite Julie down to present that item.

626
00:37:10,320 --> 00:37:12,720
 We're going to do 4-D, Julie.

627
00:37:12,720 --> 00:37:13,720
 Yep.

628
00:37:13,720 --> 00:37:18,600
 That way we can let Mia get organized and we'll bring her up then.

629
00:37:18,600 --> 00:37:19,600
 Sorry about that.

630
00:37:19,600 --> 00:37:20,600
 All right.

631
00:37:20,600 --> 00:37:22,160
 Didn't mean to catch off guard.

632
00:37:22,160 --> 00:37:23,160
 No.

633
00:37:23,160 --> 00:37:24,160
 That's okay.

634
00:37:24,160 --> 00:37:25,160
 Thank you.

635
00:37:25,160 --> 00:37:31,560
 Thank you, Pruitt, and I am presenting PP23-0021A.

636
00:37:31,560 --> 00:37:37,220
 This is a preliminary plat for a proposed multifamily development located on the north

637
00:37:37,220 --> 00:37:41,600
 side of Edwards, just east of May Hill.

638
00:37:41,600 --> 00:37:45,840
 They still do have some items that they need to correct in order to meet the technical

639
00:37:45,840 --> 00:37:48,280
 requirements of a preliminary plat.

640
00:37:48,280 --> 00:37:54,120
 However, staff has no objection to their second request for an extension to the November

641
00:37:54,120 --> 00:37:58,800
 15th, 2023 Planning and Zoning Commission meeting, and I will be happy to answer any

642
00:37:58,800 --> 00:37:59,800
 questions.

643
00:37:59,800 --> 00:38:00,800
 Thank you, Julie.

644
00:38:00,800 --> 00:38:01,800
 Questions for Julie?

645
00:38:01,800 --> 00:38:02,800
 Thank you.

646
00:38:02,800 --> 00:38:03,800
 Thank you.

647
00:38:03,800 --> 00:38:18,800
 Chair can entertain a motion or discussion on this item.

648
00:38:18,800 --> 00:38:19,800
 Commissioner Cole?

649
00:38:19,800 --> 00:38:26,240
 I make a motion to grant the extension to November 15th, 2023.

650
00:38:26,240 --> 00:38:27,240
 Okay.

651
00:38:27,240 --> 00:38:28,240
 Commissioner Pruitt?

652
00:38:28,240 --> 00:38:29,240
 Second.

653
00:38:29,240 --> 00:38:33,080
 We've got a first and a second to grant the extension request to a date certain of November

654
00:38:33,080 --> 00:38:36,040
 15th, 2023.

655
00:38:36,040 --> 00:38:37,040
 Any discussion?

656
00:38:37,040 --> 00:38:38,040
 Okay.

657
00:38:38,040 --> 00:38:46,640
 Let's vote on the board, please.

658
00:38:46,640 --> 00:38:49,200
 That motion carries 5-0.

659
00:38:49,200 --> 00:38:53,840
 Now we will jump back up to 4A and hear FP230026A.

660
00:38:53,840 --> 00:39:00,680
 Hello, Mia, thank you for running through the rain.

661
00:39:00,680 --> 00:39:02,160
 It's all good.

662
00:39:02,160 --> 00:39:03,160
 Hi.

663
00:39:03,160 --> 00:39:06,460
 All for the love of planning.

664
00:39:06,460 --> 00:39:13,120
 This item, FP23, I'm sorry, Mia Hines, Associate Planner, this item, FP23-0026, is a final

665
00:39:13,120 --> 00:39:19,880
 plat for what is now Hickory Grove, phase 1A, from the formerly known Legends Ranch within

666
00:39:19,880 --> 00:39:22,400
 that Legends Ranch mud.

667
00:39:22,400 --> 00:39:25,720
 When this was sent out to you, staff was recommended to denial.

668
00:39:25,720 --> 00:39:29,840
 We have since worked with the applicant to get to a recommendation of approval.

669
00:39:29,840 --> 00:39:35,760
 So now that they are satisfying or meeting all of our criteria, we are recommending approval.

670
00:39:35,760 --> 00:39:39,040
 And with that, I'll take any questions or comments that you have.

671
00:39:39,040 --> 00:39:41,280
 Thank you.

672
00:39:41,280 --> 00:39:42,280
 Commissioner Pruitt?

673
00:39:42,280 --> 00:39:43,280
 Yes, sir.

674
00:39:43,280 --> 00:39:46,880
 I just wanted to check one thing since the amendments.

675
00:39:46,880 --> 00:39:51,960
 On that third sheet, I think it's that bottom thing, you can actually see it right here.

676
00:39:51,960 --> 00:39:52,960
 This one?

677
00:39:52,960 --> 00:39:58,920
 Yeah, to the left of there, where there's a street stub and there's not an easement

678
00:39:58,920 --> 00:40:01,040
 for a turnaround shown.

679
00:40:01,040 --> 00:40:05,680
 Can you just explain why there's nothing shown on the plat at that point?

680
00:40:05,680 --> 00:40:06,800
 For this area here?

681
00:40:06,800 --> 00:40:12,240
 Or an emergency turnaround easement at the termination of that road?

682
00:40:12,240 --> 00:40:16,760
 I believe here, so I think a fire reviewer probably would have warranted that.

683
00:40:16,760 --> 00:40:21,840
 I believe here that the street stub was not long enough to require that, and so that's

684
00:40:21,840 --> 00:40:23,600
 why it is not shown.

685
00:40:23,600 --> 00:40:26,400
 Thank you.

686
00:40:26,400 --> 00:40:29,200
 Anything else from you?

687
00:40:29,200 --> 00:40:36,080
 Thank you.

688
00:40:36,080 --> 00:40:39,320
 We can entertain a motion or discussion.

689
00:40:39,320 --> 00:40:40,320
 Commissioner Pruitt?

690
00:40:40,320 --> 00:40:41,400
 I'll move approval.

691
00:40:41,400 --> 00:40:42,400
 Commissioner McDade?

692
00:40:42,400 --> 00:40:43,400
 Second.

693
00:40:43,400 --> 00:40:46,720
 Okay, we've got a first and a second for approval discussion.

694
00:40:46,720 --> 00:40:56,200
 Okay, let's vote, please.

695
00:40:56,200 --> 00:40:58,360
 That motion will carry five zero.

696
00:40:58,360 --> 00:41:04,840
 Now we will hear four B, ZCP 230028.

697
00:41:04,840 --> 00:41:10,880
 So again, Mia?

698
00:41:10,880 --> 00:41:16,520
 Mia Hines, city planner, I'm sorry, associate planner.

699
00:41:16,520 --> 00:41:22,760
 This item is a zoning compliance plan for the Razor Ranch Town Center Phase 2A.

700
00:41:22,760 --> 00:41:26,880
 It's a multifamily development coming in as sort of an infield for that Razor Ranch Town

701
00:41:26,880 --> 00:41:30,240
 Center that's currently under construction.

702
00:41:30,240 --> 00:41:35,680
 Of course, for Razor Ranch site plans that come in in the south mixed-use district, site

703
00:41:35,680 --> 00:41:37,640
 plans have to be approved by the Planning and Zoning Commission.

704
00:41:37,640 --> 00:41:40,320
 That's why this is coming before you tonight.

705
00:41:40,320 --> 00:41:45,960
 The site itself is 9.7 acres, generally located at the southeast corner of West University

706
00:41:45,960 --> 00:41:48,280
 Drive and I-35.

707
00:41:48,280 --> 00:41:52,960
 Again, this is the town center multifamily development.

708
00:41:52,960 --> 00:41:57,500
 A few months back, we approved a revised site plan for the retail, just to the north that

709
00:41:57,500 --> 00:42:03,680
 included Target, Dick's Sporting Goods, and then the indoor recreation establishment,

710
00:42:03,680 --> 00:42:09,040
 Andy B's, is to the south of this site.

711
00:42:09,040 --> 00:42:12,380
 So for the zoning, of course, this is within the Razor Ranch Overlay District.

712
00:42:12,380 --> 00:42:19,640
 The base zoning for this specific site is RCCD, part of the RR1 town center sub-area,

713
00:42:19,640 --> 00:42:24,400
 and again, the permitted or the proposed use is multifamily and that is permitted within

714
00:42:24,400 --> 00:42:25,400
 this sub-area.

715
00:42:25,400 --> 00:42:33,240
 For the site plan itself, we had to look at ordinances 2016-017, specifically exhibits

716
00:42:33,240 --> 00:42:40,320
 B, D1, and C3 for the architectural and landscape guidelines for this particular site.

717
00:42:40,320 --> 00:42:44,240
 With this zoning compliance plan, we looked at the site plan, the general layout, the

718
00:42:44,240 --> 00:42:48,600
 landscape plan, as well as four-sided building elevations, conceptual building elevations

719
00:42:48,600 --> 00:42:52,440
 to ensure that they are conceptually meeting the requirements of the Razor Ranch Overlay

720
00:42:52,440 --> 00:42:54,860
 District.

721
00:42:54,860 --> 00:43:00,120
 We did go through the specific criteria for approval listed in the 2002 DDC that applied

722
00:43:00,120 --> 00:43:04,560
 to this specific sub-area, I'm sorry, this overlay district.

723
00:43:04,560 --> 00:43:08,080
 The site plan does substantially comply with the concept and schematic plan approved by

724
00:43:08,080 --> 00:43:09,280
 city council.

725
00:43:09,280 --> 00:43:13,600
 The site plan also provides for a compatible arrangement of buildings and land uses as

726
00:43:13,600 --> 00:43:15,960
 required per this criteria.

727
00:43:15,960 --> 00:43:21,520
 The site plan also provides for an adequate and safe circulation of vehicles and traffic

728
00:43:21,520 --> 00:43:26,640
 and extends the existing roadway infrastructure as well as bicycle and pedestrian paths that

729
00:43:26,640 --> 00:43:27,640
 are on-site.

730
00:43:27,640 --> 00:43:32,440
 Finally, the plan fully complies with all other sections of the overlay district as

731
00:43:32,440 --> 00:43:33,440
 applicable.

732
00:43:33,440 --> 00:43:38,280
 This is the site plan, and of course the site plan was also included in your packet.

733
00:43:38,280 --> 00:43:43,680
 Just a broad overview, they are proposing 324 residences.

734
00:43:43,680 --> 00:43:52,280
 With that comes a proposing 577 vehicular spaces as well as 55 bicycle spaces, which is over

735
00:43:52,280 --> 00:43:57,640
 the required amount for bicycle spaces as well as parking, but the Razor Ranch Overlay

736
00:43:57,640 --> 00:44:02,140
 District does not have a cap, so they are within their rights to do that.

737
00:44:02,140 --> 00:44:06,640
 As far as access and circulation, the site is utilizing a budding private street system,

738
00:44:06,640 --> 00:44:11,080
 so this particular sub-area itself does not touch a public street, but within the Razor

739
00:44:11,080 --> 00:44:14,720
 Ranch Overlay District, there are private streets with public access easements on them

740
00:44:14,720 --> 00:44:16,720
 for anyone to access.

741
00:44:16,720 --> 00:44:26,800
 It also connects the main north-south drive to the north retail area to the south retail

742
00:44:26,800 --> 00:44:33,200
 area, so it's again that infill lot building out that access for that main north-south

743
00:44:33,200 --> 00:44:34,880
 drive.

744
00:44:34,880 --> 00:44:38,600
 That drive that they're proposing within their site is a multi-use driveway, so there is

745
00:44:38,600 --> 00:44:47,680
 dedicated or a shared access, so where there's bike lanes on the main point of access as

746
00:44:47,680 --> 00:44:53,360
 well as eight-foot wide sidewalks on either side of the access point.

747
00:44:53,360 --> 00:44:57,560
 Then throughout the site, there are ranging from about four feet to eight feet sidewalks

748
00:44:57,560 --> 00:45:04,640
 as well, connecting the site internally as well as to existing stub-out pedestrian paths

749
00:45:04,640 --> 00:45:07,760
 on the exterior of the site.

750
00:45:07,760 --> 00:45:11,960
 As far as site amenities, they are proposing a dog park, pool courtyard, and an indoor

751
00:45:11,960 --> 00:45:22,000
 child play area, and those items are consistent with the Razor Ranch Overlay District standard.

752
00:45:22,000 --> 00:45:25,880
 The landscape plan is here and providing your backup meeting your requirements.

753
00:45:25,880 --> 00:45:30,840
 The total landscape area coverage for this site is just under 18%.

754
00:45:30,840 --> 00:45:36,160
 The total tree canopy coverage for this site is 34.6% meeting the minimum requirements

755
00:45:36,160 --> 00:45:37,360
 for this site.

756
00:45:37,360 --> 00:45:40,040
 The reason that the tree canopy or one of the reasons that the tree canopy for this

757
00:45:40,040 --> 00:45:44,320
 site is so high is because if you recall in the first phase when the retail development

758
00:45:44,320 --> 00:45:51,400
 came through, we allowed that particular site to be under 25% with the insurance that the

759
00:45:51,400 --> 00:45:56,200
 25% for the lot, the town center lot, would still be met throughout, and so to compensate

760
00:45:56,200 --> 00:46:00,560
 for some of the trees that were not included in that first phase, they have included additional

761
00:46:00,560 --> 00:46:02,960
 tree canopy coverage here.

762
00:46:02,960 --> 00:46:04,320
 These are the proposed elevations.

763
00:46:04,320 --> 00:46:11,840
 Just wanted to give you an idea of what would be facing I-35, that to the top left there,

764
00:46:11,840 --> 00:46:16,520
 what would be facing the interior courtyard, as well as what would be facing the abutting

765
00:46:16,520 --> 00:46:20,440
 private street to the east.

766
00:46:20,440 --> 00:46:26,880
 This is what's facing that main north-south drive, again, pushed a little closer to the

767
00:46:26,880 --> 00:46:30,960
 street to hopefully discourage people from speeding straight down, straight through the

768
00:46:30,960 --> 00:46:35,120
 Razor Ranch overlay district, and again, I think the sort of on-street parking that's

769
00:46:35,120 --> 00:46:42,160
 set up here and the shared access with it being for vehicles and bicycles will also

770
00:46:42,160 --> 00:46:45,000
 help with that.

771
00:46:45,000 --> 00:46:46,000
 Here's some more elevations.

772
00:46:46,000 --> 00:46:49,840
 Of course, the conceptual elevations for all buildings were included in your backup as

773
00:46:49,840 --> 00:46:55,160
 well, and those are consistent with the requirements.

774
00:46:55,160 --> 00:47:01,160
 So just information, we are recommending approval, as it does comply with all of the standards

775
00:47:01,160 --> 00:47:07,440
 applicable criteria for approval for Razor Ranch, and with that, I will take any questions

776
00:47:07,440 --> 00:47:09,080
 or comments you have at this time.

777
00:47:09,080 --> 00:47:10,080
 Thank you, Mia.

778
00:47:10,080 --> 00:47:11,080
 Commissioner Pruitt.

779
00:47:11,080 --> 00:47:12,920
 Thank you, Chair.

780
00:47:12,920 --> 00:47:18,440
 Just a couple questions on that north-south spine.

781
00:47:18,440 --> 00:47:24,800
 It looked to me like it was, with the exception of the parallel parking on the outsides, there's

782
00:47:24,800 --> 00:47:28,720
 two 15-foot wide lanes reserved for travel.

783
00:47:28,720 --> 00:47:32,920
 It's like a 30-foot wide area.

784
00:47:32,920 --> 00:47:37,880
 Does that just come from the 2002 development code that this overlay is based on, and that's

785
00:47:37,880 --> 00:47:39,800
 why that's so wide?

786
00:47:39,800 --> 00:47:46,200
 Yeah, so the actual dimensions of the internal drive is pretty much up to the applicant because

787
00:47:46,200 --> 00:47:49,080
 it's a private drive.

788
00:47:49,080 --> 00:47:53,600
 We've given them some standards, but I think in this case, it's that wide to accommodate

789
00:47:53,600 --> 00:48:03,320
 for both bicycles traveling and cars traveling and parking, and then I think maybe the applicant

790
00:48:03,320 --> 00:48:07,440
 is here, and they can speak to that a little bit if they'd like.

791
00:48:07,440 --> 00:48:17,560
 Okay, yeah, I mean, I guess, well, you know, my concern is just that the way it's laid

792
00:48:17,560 --> 00:48:23,440
 out, it looks like it's got the Shero emblems kind of right next to the gutter on the side,

793
00:48:23,440 --> 00:48:31,080
 and then I've seen that in practice in other communities around the Metroplex, and it seems

794
00:48:31,080 --> 00:48:39,680
 like it gives everybody the license to be mad at somebody else as opposed to making

795
00:48:39,680 --> 00:48:45,920
 it clear where everybody's supposed to be, so I just wanted to understand where that

796
00:48:45,920 --> 00:48:46,920
 came from.

797
00:48:46,920 --> 00:48:51,220
 So it's a private street, so therefore the design of the cross-section is up to the developer

798
00:48:51,220 --> 00:49:00,720
 to pursue it, that it's within some modicum of guidelines that ... Okay, all right, thanks.

799
00:49:00,720 --> 00:49:01,720
 Commissioner McDade.

800
00:49:01,720 --> 00:49:03,280
 Thank you, Madam Chair.

801
00:49:03,280 --> 00:49:05,920
 Yeah, I just have a simple question.

802
00:49:05,920 --> 00:49:10,720
 It may just be a typo, but on your first page, just in case anybody's watching, you have

803
00:49:10,720 --> 00:49:15,800
 US 280, I don't want to ... 380, that is a typo, yes, sir.

804
00:49:15,800 --> 00:49:20,000
 Okay, I mean, if anybody's watching, I don't want them to be trying to ... I'm looking

805
00:49:20,000 --> 00:49:24,320
 up at highway 280 and I can't find it.

806
00:49:24,320 --> 00:49:25,320
 Okay.

807
00:49:25,320 --> 00:49:30,360
 It's generally located at the southeast corner of West University, US 380, and I-35.

808
00:49:30,360 --> 00:49:32,040
 All righty, thank you.

809
00:49:32,040 --> 00:49:34,600
 Thank you, Commissioner McDade.

810
00:49:34,600 --> 00:49:37,360
 Any other questions for me, y'all?

811
00:49:37,360 --> 00:49:41,040
 Okay, thank you very much.

812
00:49:41,040 --> 00:49:47,960
 Okay, at this time, we can entertain a motion or further discussion.

813
00:49:47,960 --> 00:49:50,860
 Okay.

814
00:49:50,860 --> 00:49:53,540
 Commissioner McDade.

815
00:49:53,540 --> 00:49:54,540
 Commissioner Cole.

816
00:49:54,540 --> 00:49:55,540
 Second.

817
00:49:55,540 --> 00:49:58,520
 We've got a first and a second for approval.

818
00:49:58,520 --> 00:49:59,520
 Any discussion?

819
00:49:59,520 --> 00:50:10,160
 Okay, let's vote, please.

820
00:50:10,160 --> 00:50:13,000
 That motion will carry 5-0.

821
00:50:13,000 --> 00:50:16,680
 That will now take us to our public hearing items this evening.

822
00:50:16,680 --> 00:50:21,680
 5A DCA 23-0011.

823
00:50:21,680 --> 00:50:30,240
 I will go ahead and open the public hearing and make mention that staff is requesting

824
00:50:30,240 --> 00:50:39,960
 that we postpone this item to a date certain of November 15th, 2023.

825
00:50:39,960 --> 00:50:44,200
 So we are looking for further discussion on that or a motion.

826
00:50:44,200 --> 00:50:45,200
 Commissioner Pruitt.

827
00:50:45,200 --> 00:50:49,800
 Thank you, Chair, I'll move that we table this item until date certain of November 15th,

828
00:50:49,800 --> 00:50:50,800
 2023.

829
00:50:50,800 --> 00:50:51,800
 Commissioner Villarreal.

830
00:50:51,800 --> 00:50:52,800
 Second.

831
00:50:52,800 --> 00:50:57,920
 Okay, we've got a first and a second for approval to postpone this item to a date certain of

832
00:50:57,920 --> 00:51:04,440
 November 15th, 2023, with the public hearing remaining open.

833
00:51:04,440 --> 00:51:05,440
 Any discussion?

834
00:51:05,440 --> 00:51:12,760
 Okay, let's vote, please.

835
00:51:12,760 --> 00:51:18,360
 That motion will carry 5-0.

836
00:51:18,360 --> 00:51:23,960
 That will take us to 5B SI 23-0002.

837
00:51:23,960 --> 00:51:31,280
 I will open the public hearing and Julie is here for presentation.

838
00:51:31,280 --> 00:51:35,520
 Good evening, Julie Wyatt, principal planner.

839
00:51:35,520 --> 00:51:41,980
 And I'm presenting SI 23-0002, 2801 Spencer.

840
00:51:41,980 --> 00:51:45,360
 This is a staff-initiated rezoning.

841
00:51:45,360 --> 00:51:51,700
 The request is to rezone approximately 19.5 acres from general office district to mixed

842
00:51:51,700 --> 00:51:53,600
 use regional.

843
00:51:53,600 --> 00:51:58,680
 You've got two maps on the screen, or sorry, three, but two zoning maps on the screen.

844
00:51:58,680 --> 00:52:05,760
 This is that existing showing that existing geo color for the subject property and proposing

845
00:52:05,760 --> 00:52:08,460
 to rezone to that purple color.

846
00:52:08,460 --> 00:52:15,120
 The property is located on Spencer, on the north side of Spencer, east of loop 288, kind

847
00:52:15,120 --> 00:52:17,920
 of between loop 288 and Mayhill.

848
00:52:17,920 --> 00:52:27,040
 The intent of this rezoning is to align that existing use with the permitted uses in the

849
00:52:27,040 --> 00:52:29,640
 zoning district which permits its use.

850
00:52:29,640 --> 00:52:35,120
 It is an elderly housing development that was constructed in 2008.

851
00:52:35,120 --> 00:52:41,760
 We recently underwent some DDC amendments to modify our development standards for reasonable

852
00:52:41,760 --> 00:52:46,080
 accommodation, group home, community home, also elderly housing.

853
00:52:46,080 --> 00:52:52,720
 As part of that code amendment, we removed elderly housing from geo.

854
00:52:52,720 --> 00:52:57,660
 We felt like some of the uses in geo could create some incompatibilities with elderly

855
00:52:57,660 --> 00:53:01,720
 housing, so we wanted to just kind of separate those uses.

856
00:53:01,720 --> 00:53:08,680
 In doing that and doing that DDC update, we did make this property nonconforming.

857
00:53:08,680 --> 00:53:12,520
 This really is just to align that use with correct zoning.

858
00:53:12,520 --> 00:53:17,520
 It would just provide certainty for not only the residents, but also the property owner,

859
00:53:17,520 --> 00:53:23,480
 make sure that continued investment can be done on the property.

860
00:53:23,480 --> 00:53:28,640
 The comprehensive plan designates the property as regional mixed use, MR, is consistent with

861
00:53:28,640 --> 00:53:30,960
 that future land use map.

862
00:53:30,960 --> 00:53:38,960
 It allows a variety of uses, residential, commercial service, and office uses typically

863
00:53:38,960 --> 00:53:45,600
 found at that scale that you see on arterial roadways like Mayhill and Loop 288.

864
00:53:45,600 --> 00:53:49,640
 Also so it complies with other goals of the comprehensive planning, including our land

865
00:53:49,640 --> 00:53:51,920
 use one that grow compactly.

866
00:53:51,920 --> 00:53:54,240
 This is an existing use on an existing roadway.

867
00:53:54,240 --> 00:54:00,520
 We want to make sure it stays viable and vibrant, and then it's also consistent with our housing

868
00:54:00,520 --> 00:54:06,320
 regulations that MR district allows that existing use to remain, providing necessary housing

869
00:54:06,320 --> 00:54:09,000
 for the community who lives there.

870
00:54:09,000 --> 00:54:14,360
 You can see that the property on that future land use map, the subject site is really centered

871
00:54:14,360 --> 00:54:19,680
 in that regional mixed use, surrounded by what is intended to be regional mixed use

872
00:54:19,680 --> 00:54:22,200
 around it.

873
00:54:22,200 --> 00:54:27,080
 We also look at impacts to any surrounding property.

874
00:54:27,080 --> 00:54:31,520
 I should note that the property is not intended to redevelop at this time.

875
00:54:31,520 --> 00:54:34,080
 They have no intent to do so.

876
00:54:34,080 --> 00:54:40,080
 We just wanted to make sure that any nonconformity that we created, that we made sure that we

877
00:54:40,080 --> 00:54:43,000
 at least addressed.

878
00:54:43,000 --> 00:54:48,400
 MR district is a logical extension of that zoning to the west of the site.

879
00:54:48,400 --> 00:54:52,960
 As you can see on the map, there is quite a bit of that purple color west of the subject

880
00:54:52,960 --> 00:54:56,680
 property, so it really is just an extension of that zoning pattern.

881
00:54:56,680 --> 00:54:59,720
 The north and east of the site is zone G.O. district.

882
00:54:59,720 --> 00:55:04,920
 G.O. district does also provide a lot of uses that are compatible with MR, so we really don't

883
00:55:04,920 --> 00:55:12,280
 expect any incompatible development to emerge surrounding the subject site.

884
00:55:12,280 --> 00:55:20,040
 I won't read all of this, but as we've talked about in previous items related to that nonconformity,

885
00:55:20,040 --> 00:55:26,600
 just wanted to let you know just broadly what a use is nonconforming in the debt and development

886
00:55:26,600 --> 00:55:30,820
 code, how that impacts it.

887
00:55:30,820 --> 00:55:34,520
 We don't make nonconforming uses leave.

888
00:55:34,520 --> 00:55:38,120
 They can continue to operate at that location.

889
00:55:38,120 --> 00:55:43,760
 Where the challenges come in is if part of the property was damaged or they wanted to

890
00:55:43,760 --> 00:55:49,160
 do any expansions or substantial improvements to the property, that's where there are limitations

891
00:55:49,160 --> 00:55:51,000
 on that with the code.

892
00:55:51,000 --> 00:55:54,820
 That's really the intent of this, is to make sure that they can make that reinvestment

893
00:55:54,820 --> 00:55:57,360
 in the property.

894
00:55:57,360 --> 00:56:01,160
 Public outreach was sent out.

895
00:56:01,160 --> 00:56:04,040
 The newspaper ad, the property was posted.

896
00:56:04,040 --> 00:56:07,800
 Commissioner Ellis did alert me that she's like, "Was the property posted?"

897
00:56:07,800 --> 00:56:11,120
 Yes, we did get signs on the property.

898
00:56:11,120 --> 00:56:17,920
 There are some pictures on your screen just to confirm that with the commission.

899
00:56:17,920 --> 00:56:20,080
 We also sent out the mailed notices.

900
00:56:20,080 --> 00:56:24,720
 We have not received really any written responses either for or against.

901
00:56:24,720 --> 00:56:27,360
 We have received calls at the city.

902
00:56:27,360 --> 00:56:31,920
 We've also reached out to the property owner for that elderly housing development because

903
00:56:31,920 --> 00:56:33,480
 we were changing their zoning.

904
00:56:33,480 --> 00:56:37,040
 We wanted to make sure that they were aware of that.

905
00:56:37,040 --> 00:56:38,300
 We had some discussions.

906
00:56:38,300 --> 00:56:40,360
 They did respond back to me.

907
00:56:40,360 --> 00:56:44,900
 We offered to hold a neighborhood meeting for the community.

908
00:56:44,900 --> 00:56:46,560
 They didn't feel like that was necessary.

909
00:56:46,560 --> 00:56:53,480
 They didn't ask for that, but they were neutral on the request, so neither for or against

910
00:56:53,480 --> 00:56:55,080
 just wanted to know.

911
00:56:55,080 --> 00:57:01,600
 We've also talked to some residents of that community, also similar, wanting to know what

912
00:57:01,600 --> 00:57:06,600
 is this, just explain to them what the situation was.

913
00:57:06,600 --> 00:57:11,280
 Really haven't received a lot of response either for or against.

914
00:57:11,280 --> 00:57:13,200
 Staff does recommend approval of the request.

915
00:57:13,200 --> 00:57:17,600
 It complies with the criteria for approval of the Denton Development Code.

916
00:57:17,600 --> 00:57:19,320
 I'll be happy to answer any questions.

917
00:57:19,320 --> 00:57:24,340
 Is this tentatively scheduled for the beginning of December going to City Council?

918
00:57:24,340 --> 00:57:28,520
 We've got some holidays coming in, so the calendars get a little bit tricky at this

919
00:57:28,520 --> 00:57:33,120
 time, so we're looking at the beginning part of December for Council if this moves forward

920
00:57:33,120 --> 00:57:34,120
 tonight.

921
00:57:34,120 --> 00:57:35,680
 I'll be happy to answer any questions.

922
00:57:35,680 --> 00:57:36,780
 Thank you, Julie.

923
00:57:36,780 --> 00:57:41,120
 Any questions for Julie?

924
00:57:41,120 --> 00:57:42,620
 Thank you very much.

925
00:57:42,620 --> 00:57:43,840
 This is a public hearing.

926
00:57:43,840 --> 00:57:48,240
 I don't have any cards in front of me, nor do I see anyone in council chambers, so I

927
00:57:48,240 --> 00:57:55,880
 will go ahead and close the public hearing and open the floor for a motion or discussion.

928
00:57:55,880 --> 00:57:56,880
 Commissioner Villarreal?

929
00:57:56,880 --> 00:57:58,360
 I move approval.

930
00:57:58,360 --> 00:57:59,360
 Commissioner Pruitt?

931
00:57:59,360 --> 00:58:00,360
 Second.

932
00:58:00,360 --> 00:58:03,320
 Okay, we've got a first and a second for approval.

933
00:58:03,320 --> 00:58:05,400
 Any discussion?

934
00:58:05,400 --> 00:58:15,240
 Okay, let's vote on the board, please.

935
00:58:15,240 --> 00:58:16,760
 That motion carries 5-0.

936
00:58:16,760 --> 00:58:19,880
 That will take us to our Planning and Zoning Commission Project Matrix.

937
00:58:19,880 --> 00:58:22,720
 I will turn it over to Haley.

938
00:58:22,720 --> 00:58:24,240
 All right.

939
00:58:24,240 --> 00:58:28,160
 Just a couple of quick updates on the City Council front.

940
00:58:28,160 --> 00:58:33,200
 The Stuart Apartments SUP that you all heard a few weeks ago for the additional height,

941
00:58:33,200 --> 00:58:37,840
 that was postponed to the November 7th council meeting after their discussion here with the

942
00:58:37,840 --> 00:58:38,840
 P&Z.

943
00:58:38,840 --> 00:58:43,040
 They decided to try for some additional neighborhood outreach prior to going to council, so that

944
00:58:43,040 --> 00:58:48,440
 was postponed, and then the SUP for the multifamily on Dutchess Drive that you all heard at our

945
00:58:48,440 --> 00:58:53,560
 last meeting was approved four to two at last night's City Council meeting.

946
00:58:53,560 --> 00:58:56,240
 Just a few other things to make you all aware of.

947
00:58:56,240 --> 00:58:59,880
 You should have received a packet while we were at work session today for the special

948
00:58:59,880 --> 00:59:04,840
 called meeting next week on the 1st at 4 p.m., so you can look for that in your backup and

949
00:59:04,840 --> 00:59:07,960
 feel free to reach out to us if you have any questions once you start digging into those

950
00:59:07,960 --> 00:59:10,000
 materials.

951
00:59:10,000 --> 00:59:14,500
 And then our other two area plans, because next week is dedicated to Northeast Denton,

952
00:59:14,500 --> 00:59:16,400
 so just some quick updates on the others.

953
00:59:16,400 --> 00:59:20,840
 Southeast, they are continuing their outreach and doing intercept surveys around Southeast

954
00:59:20,840 --> 00:59:25,440
 Denton, so you may see Julie and Mia out doing surveys at some random locations throughout

955
00:59:25,440 --> 00:59:29,600
 the community trying to get additional feedback on visual preferences.

956
00:59:29,600 --> 00:59:33,520
 And then our downtown plan is also moving along, and we anticipate a joint meeting for

957
00:59:33,520 --> 00:59:37,360
 that with you all and City Council in early December, so you can look for that calendar

958
00:59:37,360 --> 00:59:42,200
 invite as well, and happy to add anything else to the matrix that you all may have in

959
00:59:42,200 --> 00:59:43,200
 mind.

960
00:59:43,200 --> 00:59:44,200
 Great.

961
00:59:44,200 --> 00:59:45,200
 Thank you.

962
00:59:45,200 --> 00:59:46,200
 Anything to add to the matrix?

963
00:59:46,200 --> 00:59:47,200
 Okay.

964
00:59:47,200 --> 00:59:50,560
 I'll just piggyback a little bit just on that November 1st meeting.

965
00:59:50,560 --> 00:59:56,120
 There is a lot of material there, so if you all could, yeah, just take some time, a little

966
00:59:56,120 --> 01:00:01,080
 bit at a time, and just so you're prepared for next week so we can -- it's going to be

967
01:00:01,080 --> 01:00:04,520
 a lot to go over in a very short amount of time, questions out ahead of time, or at least

968
01:00:04,520 --> 01:00:10,560
 be prepared with questions, that'll help that meeting to be productive for sure.

969
01:00:10,560 --> 01:00:12,360
 Okay.

970
01:00:12,360 --> 01:00:15,080
 Any concluding items?

971
01:00:15,080 --> 01:00:16,080
 Commissioner Villarreal?

972
01:00:16,080 --> 01:00:23,400
 Do you want to remind folks that early voting is continuing today through next Friday the

973
01:00:23,400 --> 01:00:24,960
 3rd.

974
01:00:24,960 --> 01:00:27,440
 You can vote anywhere in Denton County.

975
01:00:27,440 --> 01:00:31,240
 Vote for the propositions and the constitutional amendments.

976
01:00:31,240 --> 01:00:33,580
 Thank you very much.

977
01:00:33,580 --> 01:00:35,800
 Any other concluding items?

978
01:00:35,800 --> 01:00:38,800
 Commissioner Cole?

979
01:00:38,800 --> 01:00:40,400
 Thank you, Chair.

980
01:00:40,400 --> 01:00:44,880
 That packet, is that on our Outlook, or is that coming --

981
01:00:44,880 --> 01:00:46,600
 That would have gone to your city email.

982
01:00:46,600 --> 01:00:47,600
 Okay.

983
01:00:47,600 --> 01:00:50,600
 Yeah, came from Kathy.

984
01:00:50,600 --> 01:00:52,440
 Okay.

985
01:00:52,440 --> 01:00:54,480
 Anything else?

986
01:00:54,480 --> 01:00:57,480
 Okay.

987
01:00:57,480 --> 01:01:00,960
 I will go ahead then and adjourn us at 7 p.m.

988
01:01:00,960 --> 01:01:01,960
 Thank you, everyone.

989
01:01:01,960 --> 01:01:02,960
 Be safe out there.

990
01:01:02,960 --> 01:01:12,960
 [BLANK_AUDIO]