WEBVTT

00:00:00.000 --> 00:00:04.160
 >> Good afternoon and welcome to the city of Denton's planning and zoning commission

00:00:04.160 --> 00:00:08.440
 meeting for Wednesday, October 25th, 2023.

00:00:08.440 --> 00:00:10.840
 This is our work session with a quorum present.

00:00:10.840 --> 00:00:14.240
 I will call us to order at 5.05 p.m.

00:00:14.240 --> 00:00:19.440
 Let the record show that Commissioner Smith and Commissioner Cole are absent at this time.

00:00:19.440 --> 00:00:25.200
 First item on our agenda for the work session is citizen comments on our consent agenda.

00:00:25.200 --> 00:00:27.360
 However, I do not see anyone here.

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.

00:00:34.640 --> 00:00:37.520
 First would be our minutes from October 11th.

00:00:37.520 --> 00:00:41.400
 Commissioners, any questions on minutes?

00:00:41.400 --> 00:00:42.400
 Okay.

00:00:42.400 --> 00:00:45.880
 Then that will move us to our consent agenda.

00:00:45.880 --> 00:00:51.320
 Do we have any questions on any of the consent agenda items?

00:00:51.320 --> 00:00:56.000
 Okay.

00:00:56.000 --> 00:00:59.000
 That will take us to items for individual consideration.

00:00:59.000 --> 00:01:03.600
 We will go ahead and bring Mia up for 4A or Julie is coming up.

00:01:03.600 --> 00:01:07.680
 I believe you are perhaps standing in, are you?

00:01:07.680 --> 00:01:08.680
 >> Correct.

00:01:08.680 --> 00:01:09.680
 I'm standing in for Mia tonight.

00:01:09.680 --> 00:01:11.080
 >> And I know we had a late email.

00:01:11.080 --> 00:01:14.880
 I don't know, commissioners, if you were able to see that.

00:01:14.880 --> 00:01:21.780
 It was recommended for denial in our backup, but an email came out this afternoon saying

00:01:21.780 --> 00:01:26.320
 they have met staff conditions and it is now recommended for approval.

00:01:26.320 --> 00:01:30.600
 And Julie, I probably just took your whole speech in that, so sorry about that.

00:01:30.600 --> 00:01:31.600
 >> No, that's great.

00:01:31.600 --> 00:01:32.600
 Hold on.

00:01:32.600 --> 00:01:36.560
 I'm not finding it in here.

00:01:36.560 --> 00:01:38.160
 Okay.

00:01:38.160 --> 00:01:46.840
 Oh, right there, sorry.

00:01:46.840 --> 00:01:54.120
 Julie Wyatt, I'm presenting FP23-0026A.

00:01:54.120 --> 00:01:56.280
 This is known as Legends Ranch.

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

00:02:00.760 --> 00:02:01.760
 side of town.

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

00:02:06.960 --> 00:02:07.960
 Ranch.

00:02:07.960 --> 00:02:13.240
 As Commissioner Ellis mentioned, originally this was in your packet as a denial, however,

00:02:13.240 --> 00:02:19.040
 they have satisfied all comments associated with the technical review, and so staff has

00:02:19.040 --> 00:02:21.080
 changed their recommendation to approval.

00:02:21.080 --> 00:02:24.160
 I'll be happy to answer any questions that I can.

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

00:02:27.960 --> 00:02:29.960
 specific, she'll be able to help you with those.

00:02:29.960 --> 00:02:30.960
 >> Sounds good.

00:02:30.960 --> 00:02:31.960
 Any questions?

00:02:31.960 --> 00:02:32.960
 Commissioner Pruitt.

00:02:32.960 --> 00:02:35.320
 >> We'll put you to the fill-in test here.

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

00:02:39.720 --> 00:02:44.320
 there, and luckily we can see it right there where your arrow was.

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,

00:02:50.240 --> 00:02:52.920
 there's required a turnaround easement.

00:02:52.920 --> 00:02:57.080
 Is there no easement here because it's the same landowner?

00:02:57.080 --> 00:02:59.560
 >> I'm going to make a guess here.

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

00:03:04.280 --> 00:03:06.200
 to turn around.

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

00:03:11.480 --> 00:03:14.520
 turnaround, but I can certainly ask Mia.

00:03:14.520 --> 00:03:15.520
 She may know more.

00:03:15.520 --> 00:03:16.520
 >> Okay.

00:03:16.520 --> 00:03:17.520
 No worries.

00:03:17.520 --> 00:03:18.520
 Thanks.

00:03:18.520 --> 00:03:19.520
 >> Anything else?

00:03:19.520 --> 00:03:20.520
 Okay.

00:03:20.520 --> 00:03:21.520
 Thank you.

00:03:21.520 --> 00:03:22.520
 >> Thank you.

00:03:22.520 --> 00:03:25.320
 >> Are you sticking around for the next one then?

00:03:25.320 --> 00:03:26.320
 Which is also Mia's?

00:03:26.320 --> 00:03:27.320
 >> Oh, yes.

00:03:27.320 --> 00:03:28.320
 The --

00:03:28.320 --> 00:03:29.320
 >> ZCP 23-0028.

00:03:29.320 --> 00:03:30.320
 >> Absolutely.

00:03:30.320 --> 00:03:31.320
 >> Our site plan and --

00:03:31.320 --> 00:03:32.320
 >> I should have read the agenda before.

00:03:32.320 --> 00:03:33.320
 Okay.

00:03:33.320 --> 00:03:38.280
 All right.

00:03:38.280 --> 00:03:41.920
 This is ZCP 23-0028.

00:03:41.920 --> 00:03:45.200
 It is a site plan for Razor Ranch, as you know.

00:03:45.200 --> 00:03:50.240
 The Planning and Zoning Commission is required to approve those site plans.

00:03:50.240 --> 00:03:53.000
 This is for a multifamily development.

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,

00:03:57.320 --> 00:03:59.360
 if you're familiar with that location.

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

00:04:05.600 --> 00:04:08.560
 District, so staff does recommend approval of the request.

00:04:08.560 --> 00:04:11.520
 Once again, I'll be happy to answer any questions.

00:04:11.520 --> 00:04:17.560
 I may have to defer to Mia or maybe Haley, if there's anything too specific.

00:04:17.560 --> 00:04:21.360
 >> You got off easy, Julie.

00:04:21.360 --> 00:04:22.360
 >> All right.

00:04:22.360 --> 00:04:23.360
 Thank you.

00:04:23.360 --> 00:04:24.360
 >> Thanks.

00:04:24.360 --> 00:04:29.840
 All right, that'll take us to 4C, V23-0006.

00:04:29.840 --> 00:04:33.960
 Ashley is here for that.

00:04:33.960 --> 00:04:34.960
 >> Good evening.

00:04:34.960 --> 00:04:35.960
 >> Hi.

00:04:35.960 --> 00:04:36.960
 >> Is it mine?

00:04:36.960 --> 00:04:37.960
 Oh, there it is.

00:04:37.960 --> 00:04:38.960
 >> Oh, here it is?

00:04:38.960 --> 00:04:39.960
 >> Yeah.

00:04:39.960 --> 00:04:40.960
 All right.

00:04:40.960 --> 00:04:47.560
 Ashley Eckstead, Assistant Planner.

00:04:47.560 --> 00:04:54.280
 This is V23-0006, and this is a subdivision variance request for 3301 North Elm Street.

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

00:04:59.920 --> 00:05:05.680
 point -- or two full access points down to one and one emergency-only access, and this

00:05:05.680 --> 00:05:11.080
 is a proposed multifamily development located on the south side of North Elm Street.

00:05:11.080 --> 00:05:16.520
 They are requesting to vary from DDC 832C1C, which requires two full points of vehicular

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

00:05:21.840 --> 00:05:26.520
 that this will be their full access drive, and this does align with the existing median

00:05:26.520 --> 00:05:32.360
 opening and fall meadow, and then this point of access will just be emergency access.

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,

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

00:05:42.960 --> 00:05:49.740
 preserve all of these trees that you see in this area.

00:05:49.740 --> 00:05:55.400
 This is zoned R7, so this approval of this request will not vest the multifamily land

00:05:55.400 --> 00:05:56.400
 use.

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

00:06:01.520 --> 00:06:07.040
 this location, and this is proposed to be a 67-unit multifamily development.

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.

00:06:12.080 --> 00:06:15.800
 Any questions?

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

00:06:19.800 --> 00:06:26.760
 to meet alignment of an existing -- is that alignment of an existing -- explain that to

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

00:06:29.880 --> 00:06:31.540
 not aligning to fall meadows.

00:06:31.540 --> 00:06:36.960
 >> So I did go over that with our transportation department, and that was where they decided

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.

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

00:06:49.760 --> 00:06:50.760
 align with fall meadow.

00:06:50.760 --> 00:06:51.760
 >> Right.

00:06:51.760 --> 00:06:54.520
 So I guess it -- but it still qualifies in meeting that --

00:06:54.520 --> 00:06:55.520
 >> Yes.

00:06:55.520 --> 00:06:56.520
 >> Interesting.

00:06:56.520 --> 00:06:57.520
 Okay.

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

00:07:06.720 --> 00:07:08.080
 set and with that crash gate?

00:07:08.080 --> 00:07:09.080
 >> Yes.

00:07:09.080 --> 00:07:12.740
 So if it was 200 units, they would want the second point of access.

00:07:12.740 --> 00:07:16.960
 They are going to require an omnibox on this access point, so it would open automatically

00:07:16.960 --> 00:07:20.360
 for them as they were coming down the road.

00:07:20.360 --> 00:07:21.360
 >> Okay.

00:07:21.360 --> 00:07:22.360
 Commissioner Perot.

00:07:22.360 --> 00:07:25.080
 >> Thank you, Chair.

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,

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

00:07:37.800 --> 00:07:42.000
 where the -- >> It's kind of showing that way on this plan.

00:07:42.000 --> 00:07:43.000
 It's not like that.

00:07:43.000 --> 00:07:44.000
 >> It's not -- okay.

00:07:44.000 --> 00:07:45.000
 Got it.

00:07:45.000 --> 00:07:47.520
 >> But this is still -- so the specific use permit is still under review, so this plan

00:07:47.520 --> 00:07:50.080
 may not be -- >> Yeah, it's just the number of access points.

00:07:50.080 --> 00:07:51.080
 >> Yes.

00:07:51.080 --> 00:07:52.080
 >> Understood.

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

00:07:56.200 --> 00:07:57.920
 the south of it, and I didn't understand.

00:07:57.920 --> 00:07:58.920
 So thank you.

00:07:58.920 --> 00:07:59.920
 >> Yes.

00:07:59.920 --> 00:08:01.560
 This is regional detention to the south of it.

00:08:01.560 --> 00:08:02.560
 >> Yeah.

00:08:02.560 --> 00:08:03.560
 Okay.

00:08:03.560 --> 00:08:04.560
 Thanks.

00:08:04.560 --> 00:08:05.560
 >> Anything else?

00:08:05.560 --> 00:08:06.560
 Okay.

00:08:06.560 --> 00:08:07.560
 Thank you, actually.

00:08:07.560 --> 00:08:08.560
 >> Okay.

00:08:08.560 --> 00:08:19.840
 And then we've got another item for individual consideration, and that is for DPP230021.

00:08:19.840 --> 00:08:25.040
 That is for real, Julie's.

00:08:25.040 --> 00:08:29.400
 >> Okay.

00:08:29.400 --> 00:08:30.400
 Good evening.

00:08:30.400 --> 00:08:33.240
 This is PP23-0021A.

00:08:33.240 --> 00:08:35.880
 This is for the Prestige at Mayhill.

00:08:35.880 --> 00:08:37.640
 This is a multifamily project.

00:08:37.640 --> 00:08:41.360
 This might be one of the first of its kind, and this is the second extension.

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

00:08:47.640 --> 00:08:54.700
 because they have not finalized all of the revisions and the corrections to the preliminary

00:08:54.700 --> 00:08:55.700
 plat.

00:08:55.700 --> 00:09:04.200
 We have no objection to that request, and so to that extension to November 15th this

00:09:04.200 --> 00:09:07.100
 year, and I'll be happy to answer any questions.

00:09:07.100 --> 00:09:11.160
 >> Explain the second extension thing because I thought they could only have one 30-day

00:09:11.160 --> 00:09:12.160
 extension.

00:09:12.160 --> 00:09:14.040
 >> I think I'm going to let Haley jump in on this one.

00:09:14.040 --> 00:09:16.040
 >> Yes, that would be lovely.

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

00:09:23.880 --> 00:09:27.920
 212 of the local government code now reads that an applicant can request more than one

00:09:27.920 --> 00:09:32.200
 extension, but they can still only be for 30 days at a time.

00:09:32.200 --> 00:09:33.200
 >> So it could be --

00:09:33.200 --> 00:09:35.580
 >> It could be as many as they need.

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

00:09:39.200 --> 00:09:41.000
 for an additional 30 days.

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

00:09:44.720 --> 00:09:46.040
 it because I don't recall --

00:09:46.040 --> 00:09:51.680
 >> Yes, so for any plat that applied after September 1, they can now request more than

00:09:51.680 --> 00:09:53.960
 one extension moving forward.

00:09:53.960 --> 00:09:54.960
 >> Okay.

00:09:54.960 --> 00:09:57.320
 Commissioner Villarreal.

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

00:10:01.960 --> 00:10:06.360
 every extension request that comes before us?

00:10:06.360 --> 00:10:11.640
 If they come back with a seventh extension request, are we expected to approve that or?

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

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

00:10:21.160 --> 00:10:24.900
 that good faith effort to continue to address comments and things like that, we would recommend

00:10:24.900 --> 00:10:26.160
 approval of the extensions.

00:10:26.160 --> 00:10:27.160
 >> Gotcha.

00:10:27.160 --> 00:10:30.160
 We wouldn't be running afoul of any guidelines or laws.

00:10:30.160 --> 00:10:32.400
 >> I don't believe so, but we can certainly look into that more for you all.

00:10:32.400 --> 00:10:33.400
 Gotcha.

00:10:33.400 --> 00:10:34.400
 Thank you.

00:10:34.400 --> 00:10:35.400
 >> Thank you.

00:10:35.400 --> 00:10:36.400
 Anything else for Julie?

00:10:36.400 --> 00:10:37.400
 >> Thank you.

00:10:37.400 --> 00:10:39.920
 >> Thank you very much.

00:10:39.920 --> 00:10:46.320
 Public hearing portion tonight, our 5A staff is requesting to postpone this item, so we've

00:10:46.320 --> 00:10:49.080
 got enough time to re-notice that, correct?

00:10:49.080 --> 00:10:50.080
 Or do we need to --

00:10:50.080 --> 00:10:55.120
 >> We would prefer if we could open the public hearing and postpone it to make certain.

00:10:55.120 --> 00:11:00.200
 >> Okay, so we do want to open the public hearing, keep it open, and look to --

00:11:00.200 --> 00:11:06.800
 >> Yes, and we plan to bring that back on November 15th.

00:11:06.800 --> 00:11:07.800
 >> Okay.

00:11:07.800 --> 00:11:09.840
 Questions on that?

00:11:09.840 --> 00:11:10.840
 No?

00:11:10.840 --> 00:11:11.840
 Okay.

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.

00:11:20.280 --> 00:11:33.920
 >> Yes, correct, SI230002, this is a staff-initiated rezoning, so hence that project number.

00:11:33.920 --> 00:11:38.120
 So this is a request to rezone the property from Geo District to MN District.

00:11:38.120 --> 00:11:43.440
 You might be familiar with -- or have been aware that this was coming forward to you.

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

00:11:53.360 --> 00:11:58.160
 accommodation, group homes, community homes, and then elderly housing.

00:11:58.160 --> 00:12:05.640
 This is an elderly housing development that was constructed in 2008, and with those DDC

00:12:05.640 --> 00:12:08.240
 updates, it did make this use nonconforming.

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

00:12:13.640 --> 00:12:16.100
 the staff-initiated rezoning.

00:12:16.100 --> 00:12:21.400
 We did review this request in relationship to the criteria for approval and the Denton

00:12:21.400 --> 00:12:27.560
 2040, and determined it is consistent with that criteria and the Comprehensive Plan,

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

00:12:34.000 --> 00:12:38.440
 to answer any questions.

00:12:38.440 --> 00:12:39.440
 Questions on this one?

00:12:39.440 --> 00:12:45.280
 Julie, I know in the backup when you were doing comparisons, zoning comparisons, you

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

00:12:51.600 --> 00:12:52.600
 thing?

00:12:52.600 --> 00:12:53.600
 It is an old thing.

00:12:53.600 --> 00:12:54.600
 Thank you.

00:12:54.600 --> 00:12:55.600
 I apologize.

00:12:55.600 --> 00:12:56.600
 That's fine.

00:12:56.600 --> 00:12:58.600
 I'll make sure that's corrected for the City Council.

00:12:58.600 --> 00:12:59.600
 Yeah.

00:12:59.600 --> 00:13:00.600
 That's exactly what I brought it up.

00:13:00.600 --> 00:13:01.600
 Thank you.

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?"

00:13:06.320 --> 00:13:07.320
 Okay.

00:13:07.320 --> 00:13:14.400
 I think that was my only question there.

00:13:14.400 --> 00:13:15.400
 Anybody else?

00:13:15.400 --> 00:13:16.400
 Pretty straightforward.

00:13:16.400 --> 00:13:17.400
 Okay.

00:13:17.400 --> 00:13:18.400
 Thank you.

00:13:18.400 --> 00:13:19.400
 Thank you very much.

00:13:19.400 --> 00:13:20.400
 Okay.

00:13:20.400 --> 00:13:25.960
 That is our agenda for this evening, so we will move to our work session report.

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

00:13:34.760 --> 00:13:39.080
 Municipal Airport Overlay District.

00:13:39.080 --> 00:13:45.480
 Good evening, Ashley Eckstead, Assistant Planner.

00:13:45.480 --> 00:13:50.000
 Tonight we are going to be discussing the airport height hazard overlay and the compatibility

00:13:50.000 --> 00:13:55.320
 land use district, and these are both part of the municipal airport overlay in our DDC.

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

00:14:01.920 --> 00:14:05.840
 current FAA regulations and the needs of the Denton Municipal Airport.

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

00:14:10.800 --> 00:14:14.680
 tower that was encroaching into the height hazard district, so we're going to go over

00:14:14.680 --> 00:14:18.200
 more detail of that later on in the presentation.

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

00:14:23.280 --> 00:14:24.280
 ETJ it extends.

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

00:14:28.720 --> 00:14:33.500
 airport is the compatibility land use district.

00:14:33.500 --> 00:14:37.200
 The height hazard district, this district establishes height limitations on structures

00:14:37.200 --> 00:14:41.680
 and natural objects within the area traversed by flight tracks of aircraft, and it does

00:14:41.680 --> 00:14:46.840
 contain four sub-districts, the approach, transitional, horizontal, and conical.

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

00:14:51.760 --> 00:14:57.120
 is and where they are in relation to the city.

00:14:57.120 --> 00:15:00.080
 The airport website has a lot of information for developers.

00:15:00.080 --> 00:15:05.280
 They have a tab specifically for development for on-airport and off-airport development,

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

00:15:09.100 --> 00:15:14.680
 required to fill out, and the airport website does provide information on this form and

00:15:14.680 --> 00:15:19.120
 also a link to the FAA website where the developers can fill this out.

00:15:19.120 --> 00:15:25.480
 And then the FAA will send a determination letter that's reviewed by the airport.

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

00:15:29.600 --> 00:15:31.360
 height hazard district.

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,

00:15:36.060 --> 00:15:40.800
 and they can input the structure type, the coordinates, the site elevation, and the proposed

00:15:40.800 --> 00:15:44.840
 structure height, and this form will tell them whether they are encroaching.

00:15:44.840 --> 00:15:51.440
 And this is not a confirmed determination or anything like that, but it does help them

00:15:51.440 --> 00:15:55.840
 in the planning stages of their process.

00:15:55.840 --> 00:16:00.400
 So encroachments into the airport height hazard district, this is the general outlay of the

00:16:00.400 --> 00:16:01.400
 process.

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

00:16:06.160 --> 00:16:09.600
 of the airspace, and then the airport would review that request.

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

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

00:16:18.220 --> 00:16:24.200
 of Adjustment to encroach into the airport height hazard district.

00:16:24.200 --> 00:16:27.120
 And this is the example from last year.

00:16:27.120 --> 00:16:32.840
 An applicant had proposed a 150-foot monopole telecommunications tower, and a specific use

00:16:32.840 --> 00:16:37.100
 permit is required for all monopole towers over 85 feet.

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,

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

00:16:46.520 --> 00:16:48.740
 height hazard district.

00:16:48.740 --> 00:16:53.880
 So because they were encroaching into the airport height hazard district, which limited

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

00:17:00.520 --> 00:17:02.140
 above mean sea level.

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

00:17:05.740 --> 00:17:10.600
 variance approved by the Zoning Board of Adjustment for the actual encroachment into the airport

00:17:10.600 --> 00:17:12.220
 height hazard district.

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

00:17:17.640 --> 00:17:21.000
 step would not have been required in this process.

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

00:17:25.760 --> 00:17:30.840
 into the height hazard district.

00:17:30.840 --> 00:17:34.680
 And Erin is going to walk us through the compatibility language district.

00:17:34.680 --> 00:17:36.880
 Erin Stanley, assistant planner.

00:17:36.880 --> 00:17:42.720
 So the airport master plan that we currently have was completed in 2015.

00:17:42.720 --> 00:17:49.340
 This just didn't change anything for height district requirements or land use from the

00:17:49.340 --> 00:17:54.360
 1995 master plan, which was in alignment with the FAA regulations.

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

00:17:59.880 --> 00:18:01.920
 in about two years.

00:18:01.920 --> 00:18:08.120
 The airport doesn't anticipate any changes to the height district requirements or land

00:18:08.120 --> 00:18:10.920
 use district may have a few small changes.

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

00:18:15.800 --> 00:18:19.060
 updates as needed.

00:18:19.060 --> 00:18:26.000
 So the second airport overlay district is the land use district, the compatibility district.

00:18:26.000 --> 00:18:33.420
 So this is going to regulate land uses that could be, could conflict with airport needs.

00:18:33.420 --> 00:18:38.480
 Some land uses are prohibited and others just have certain additional standards that they'll

00:18:38.480 --> 00:18:44.440
 need to follow if they are impacted by noise from the airport.

00:18:44.440 --> 00:18:49.620
 And there are two sub districts of this compatibility district.

00:18:49.620 --> 00:18:51.600
 You can see them both here.

00:18:51.600 --> 00:18:55.800
 We have them in our DDC as well as the interactive map.

00:18:55.800 --> 00:19:02.360
 The first compatibility land use district is the inner circle.

00:19:02.360 --> 00:19:06.180
 And then the second is the outer circle.

00:19:06.180 --> 00:19:13.840
 So in the first one closer to the airport, all new residential uses are prohibited.

00:19:13.840 --> 00:19:19.840
 Both districts do also prohibit educational facilities unless they're specifically related

00:19:19.840 --> 00:19:26.360
 to aviation, and they both also prohibit healthcare facilities.

00:19:26.360 --> 00:19:31.080
 And then in the second district further away from the airport, new residential structures

00:19:31.080 --> 00:19:36.440
 are allowed, but they need to comply with the FAA standards for noise mitigation or

00:19:36.440 --> 00:19:42.600
 execute an avocation easement, just recognizing that there will be impacts on the, on the

00:19:42.600 --> 00:19:45.180
 residences, but they're accepting that.

00:19:45.180 --> 00:19:50.880
 And then again, they both prohibit the educational facilities and healthcare facilities.

00:19:50.880 --> 00:19:53.880
 And that is our presentation.

00:19:53.880 --> 00:19:54.880
 Any questions?

00:19:54.880 --> 00:19:55.880
 Thank you.

00:19:55.880 --> 00:19:56.880
 Questions?

00:19:56.880 --> 00:19:57.880
 Commissioner Perrot?

00:19:57.880 --> 00:19:58.880
 Thank you, Chair.

00:19:58.880 --> 00:20:02.720
 It's always fun learning new things.

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

00:20:07.720 --> 00:20:14.280
 the geographic, yeah, that one, one, I just didn't know, but apparently it looks like

00:20:14.280 --> 00:20:21.240
 all landoffs, landoffs, landings and takeoffs come from or go to the north as opposed to

00:20:21.240 --> 00:20:22.240
 the south.

00:20:22.240 --> 00:20:23.240
 Is that accurate, I guess?

00:20:23.240 --> 00:20:24.240
 Do you want to?

00:20:24.240 --> 00:20:25.240
 Go ahead.

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.

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

00:20:35.920 --> 00:20:36.920
 there.

00:20:36.920 --> 00:20:37.920
 They just angle right up.

00:20:37.920 --> 00:20:38.920
 All the things move.

00:20:38.920 --> 00:20:39.920
 So it's more the approach zone.

00:20:39.920 --> 00:20:40.920
 Thank you.

00:20:40.920 --> 00:20:41.920
 That's the important part.

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

00:20:51.960 --> 00:20:52.960
 zones.

00:20:52.960 --> 00:20:53.960
 What is the height limit?

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

00:20:58.640 --> 00:21:01.120
 about with that tower location.

00:21:01.120 --> 00:21:04.960
 And is that just for towers or is it for buildings as well?

00:21:04.960 --> 00:21:09.160
 It's for buildings and any natural objects too, like any trees would be also limited

00:21:09.160 --> 00:21:15.060
 to this, but I think it's mostly would just be buildings and tall towers.

00:21:15.060 --> 00:21:18.280
 They go up sort of incrementally.

00:21:18.280 --> 00:21:22.400
 There are different ratios for each district that they go up.

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

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

00:21:33.640 --> 00:21:36.480
 the actual runway where the planes are.

00:21:36.480 --> 00:21:41.360
 So then it's complicated because you have to take into consideration that elevation and

00:21:41.360 --> 00:21:47.480
 compare it to your real elevation and then measure with the calculation.

00:21:47.480 --> 00:21:50.720
 So when we talked to the airport, they said, we don't even do that math.

00:21:50.720 --> 00:21:52.640
 The FAA does that math.

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.

00:21:58.500 --> 00:22:03.280
 We were trying to do the calculations and it's complicated because you have to reference

00:22:03.280 --> 00:22:07.460
 it to the landing strip.

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

00:22:12.800 --> 00:22:13.800
 that.

00:22:13.800 --> 00:22:16.560
 No, it's just fascinating.

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

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

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

00:22:34.600 --> 00:22:35.600
 high range?

00:22:35.600 --> 00:22:36.600
 So, okay.

00:22:36.600 --> 00:22:41.320
 I would say typically the zoning district already regulates it enough.

00:22:41.320 --> 00:22:44.320
 So it's mostly just taller towers or really tall buildings.

00:22:44.320 --> 00:22:45.320
 Okay.

00:22:45.320 --> 00:22:46.320
 Thank you.

00:22:46.320 --> 00:22:49.000
 Commissioner Villareal.

00:22:49.000 --> 00:22:50.000
 Thank you.

00:22:50.000 --> 00:22:55.800
 If you could just explain for a bit why we preclude hospitals and educational facilities

00:22:55.800 --> 00:23:03.160
 in that second district but not residential?

00:23:03.160 --> 00:23:05.400
 I am honestly not sure.

00:23:05.400 --> 00:23:08.680
 Haley, do you have an answer for that?

00:23:08.680 --> 00:23:12.400
 That's how the DDC states the districts.

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

00:23:16.400 --> 00:23:18.560
 create for those particular uses.

00:23:18.560 --> 00:23:23.240
 For example, in the second district, we allow residential structures, but they have to execute

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

00:23:27.060 --> 00:23:31.160
 to constantly be under noisy conditions that may not be pleasant to live in.

00:23:31.160 --> 00:23:34.240
 Whereas a school or a healthcare facility, everyone that's in that building that could

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

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

00:23:42.520 --> 00:23:45.600
 learning environment or peaceful hospice environment.

00:23:45.600 --> 00:23:48.000
 So it's all noise related and nuisance potential.

00:23:48.000 --> 00:23:49.000
 Got it.

00:23:49.000 --> 00:23:54.680
 Have we had a lot of residential development in that district?

00:23:54.680 --> 00:24:01.080
 I know to the south, do you know more?

00:24:01.080 --> 00:24:02.400
 I'm not sure.

00:24:02.400 --> 00:24:05.440
 No, I don't believe there's been a lot of new development.

00:24:05.440 --> 00:24:11.240
 There are some existing homes that are generally nonconforming to the zoning that are out there.

00:24:11.240 --> 00:24:15.660
 I do believe with the development of Colt Ranch, eventually we'll see possibly some

00:24:15.660 --> 00:24:20.280
 of those uses proposed in that area and may have to navigate some of these waters.

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

00:24:25.480 --> 00:24:27.280
 industrial type uses primarily.

00:24:27.280 --> 00:24:28.280
 Gotcha.

00:24:28.280 --> 00:24:32.880
 And just in that scenario that potentially new homeowners would be given the information

00:24:32.880 --> 00:24:33.880
 about...

00:24:33.880 --> 00:24:34.880
 Correct.

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

00:24:39.020 --> 00:24:42.080
 easement placed over the property and then they would be made aware of that when they

00:24:42.080 --> 00:24:45.320
 go to close on the new home or something of that nature.

00:24:45.320 --> 00:24:49.840
 Sorry, one final point.

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?

00:24:54.640 --> 00:24:58.200
 I'm just a little perplexed here.

00:24:58.200 --> 00:25:02.480
 My understanding is everything in our airport districts is based on federal statutes, so

00:25:02.480 --> 00:25:07.360
 we just adopted standards consistent with what the FAA allows around any airport nationwide.

00:25:07.360 --> 00:25:08.360
 Okay.

00:25:08.360 --> 00:25:09.360
 Thanks.

00:25:09.360 --> 00:25:13.780
 Thank you, Commissioner Villarreal.

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

00:25:18.280 --> 00:25:21.160
 standards that is written by the FAA?

00:25:21.160 --> 00:25:22.160
 Yes.

00:25:22.160 --> 00:25:23.160
 Yeah.

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.

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.

00:25:37.240 --> 00:25:42.520
 And so that's the FAA standard for their noise mitigation in that district.

00:25:42.520 --> 00:25:45.880
 Yeah, and I know I asked for this work session.

00:25:45.880 --> 00:25:49.400
 It's been a year, so I'm trying to remember exactly why.

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

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.

00:26:00.040 --> 00:26:08.760
 And I'm pretty sure I think that's why I requested this.

00:26:08.760 --> 00:26:16.080
 So I still think we have like a process issue that is kind of burdensome.

00:26:16.080 --> 00:26:17.080
 I don't know if you --

00:26:17.080 --> 00:26:18.080
 Sure.

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

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

00:26:26.200 --> 00:26:30.400
 P&Z Council and ZBA is actually cell towers.

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,

00:26:36.200 --> 00:26:39.680
 I can't think of what it might be, like really intense industrial operations someday that

00:26:39.680 --> 00:26:42.200
 wanted a super high building.

00:26:42.200 --> 00:26:45.720
 But as Ashley and Erin mentioned, the zoning districts take care of most of this issue

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

00:26:48.880 --> 00:26:50.600
 an issue with the airport.

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

00:26:56.200 --> 00:26:59.800
 be the potential encroachments that we would most likely have to regulate.

00:26:59.800 --> 00:27:01.260
 So it's a very narrow issue.

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

00:27:06.000 --> 00:27:09.440
 that we would have that occur.

00:27:09.440 --> 00:27:15.760
 And our regulations are coming direct from FAA?

00:27:15.760 --> 00:27:16.760
 Yes.

00:27:16.760 --> 00:27:21.200
 Yeah, the height standards are.

00:27:21.200 --> 00:27:23.200
 We did talk internally about this.

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

00:27:28.800 --> 00:27:35.360
 oversees those height adjustments and maybe switch that from ZBA to a different body in

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.

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

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.

00:27:48.440 --> 00:27:52.320
 And we have an airport committee, right?

00:27:52.320 --> 00:27:53.320
 I believe so.

00:27:53.320 --> 00:27:56.480
 They will be assisting with that master plan update.

00:27:56.480 --> 00:27:57.480
 Okay.

00:27:57.480 --> 00:27:58.480
 Okay.

00:27:58.480 --> 00:27:59.480
 Yeah.

00:27:59.480 --> 00:28:01.240
 They should look into that.

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.

00:28:08.460 --> 00:28:12.600
 That was a wealth of information in a very short time, so thank you.

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

00:28:19.180 --> 00:28:20.180
 it as well.

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

00:28:25.160 --> 00:28:30.800
 the people who have a better knowledge of what we're actually dealing with here.

00:28:30.800 --> 00:28:36.720
 So yeah, I think more needs to be -- more needs to be done, for sure.

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

00:28:41.740 --> 00:28:47.240
 tower already had full FAA approval for the height, so it was more of a -- unfortunately

00:28:47.240 --> 00:28:50.840
 kind of a ministerial function for ZBA at that point, because the Federal Aviation Authority

00:28:50.840 --> 00:28:53.280
 had already said, yes, this height is good.

00:28:53.280 --> 00:28:56.200
 It's not going to create a safety hazard of any sort.

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

00:29:00.380 --> 00:29:04.000
 how to amend the code to get people out of that process.

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,

00:29:08.760 --> 00:29:13.640
 and seemingly, yeah, like, in front of the wrong body, to me.

00:29:13.640 --> 00:29:14.640
 Anyway.

00:29:14.640 --> 00:29:15.640
 Anybody else?

00:29:15.640 --> 00:29:16.640
 Commissioner Pruitt.

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

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

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

00:29:31.880 --> 00:29:32.880
 all that.

00:29:32.880 --> 00:29:39.640
 But I was trying to think through, you know, if the person or entity doing development

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,

00:29:46.240 --> 00:29:52.360
 and then we're over here approving zoning compliance and that sort of thing, is there

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

00:29:59.200 --> 00:30:00.200
 that zone?

00:30:00.200 --> 00:30:01.200
 How does that work?

00:30:01.200 --> 00:30:02.200
 Sure.

00:30:02.200 --> 00:30:04.680
 Do you want to speak to that, Ashley, if you want me to?

00:30:04.680 --> 00:30:08.720
 So the airport is involved with -- on our pre-application conferences and things like

00:30:08.720 --> 00:30:13.120
 that with all those kinds of projects, but mostly that are closer to the airport.

00:30:13.120 --> 00:30:15.760
 They said their biggest concern really is the approach zone.

00:30:15.760 --> 00:30:17.900
 That's where they're most concerned with.

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

00:30:22.640 --> 00:30:25.280
 it's in one of these zones, we're kind of looking out for that.

00:30:25.280 --> 00:30:30.040
 But for the most part, the buildings aren't going to be encroaching into these zones,

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

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

00:30:39.520 --> 00:30:40.520
 like that.

00:30:40.520 --> 00:30:41.520
 Sure.

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

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

00:30:52.800 --> 00:30:54.680
 crane above a certain height or something?

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

00:31:00.840 --> 00:31:01.840
 thank you.

00:31:01.840 --> 00:31:02.840
 Thank you.

00:31:02.840 --> 00:31:03.840
 Anybody else?

00:31:03.840 --> 00:31:04.840
 Thank you again.

00:31:04.840 --> 00:31:05.840
 Thank you.

00:31:05.840 --> 00:31:13.440
 Like I said, you did a great job simplifying complicated information and teaching us a

00:31:13.440 --> 00:31:14.440
 lot.

00:31:14.440 --> 00:31:15.440
 We appreciate it.

00:31:15.440 --> 00:31:16.440
 Thanks.

00:31:16.440 --> 00:31:18.600
 We're going to move on to the last thing on our work session.

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.

00:31:31.080 --> 00:31:34.280
 Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting for

00:31:34.280 --> 00:31:37.960
 Wednesday, October 25th, 2023.

00:31:37.960 --> 00:31:42.160
 With a quorum present, I will call us to order at 630 p.m.

00:31:42.160 --> 00:31:47.360
 For the record, Commissioner Smith is absent from today's meeting.

00:31:47.360 --> 00:31:51.280
 First item on our agenda is Pledge of Allegiance to the U.S. and Texas Flags.

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

00:32:01.520 --> 00:32:07.440
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

00:32:07.440 --> 00:32:18.160
 On the Texas flag, I pledge allegiance to the Texas one state, under God, one indivisible.

00:32:18.160 --> 00:32:19.400
 Thank you.

00:32:19.400 --> 00:32:23.920
 Next item on our agenda is to consider approval of the Planning and Zoning Commission meeting

00:32:23.920 --> 00:32:27.240
 minutes for October 11th.

00:32:27.240 --> 00:32:28.240
 Commissioner Villarreal.

00:32:28.240 --> 00:32:30.120
 I move approval.

00:32:30.120 --> 00:32:31.120
 Commissioner Cole.

00:32:31.120 --> 00:32:32.120
 Second.

00:32:32.120 --> 00:32:33.120
 Okay.

00:32:33.120 --> 00:32:34.120
 We've got a first and a second for approval.

00:32:34.120 --> 00:32:35.120
 Any discussion?

00:32:35.120 --> 00:32:36.120
 Okay.

00:32:36.120 --> 00:32:43.760
 Let's vote, please.

00:32:43.760 --> 00:32:47.480
 That motion carries 5-0.

00:32:47.480 --> 00:32:51.320
 That will take us to our consent agenda this evening.

00:32:51.320 --> 00:32:52.320
 Commissioner Villarreal.

00:32:52.320 --> 00:32:53.840
 I move approval.

00:32:53.840 --> 00:32:54.840
 Commissioner Cole.

00:32:54.840 --> 00:32:55.840
 Second.

00:32:55.840 --> 00:32:56.840
 Okay.

00:32:56.840 --> 00:32:57.920
 First and a second to approve the consent agenda.

00:32:57.920 --> 00:32:58.920
 Any discussion?

00:32:58.920 --> 00:32:59.920
 Okay.

00:32:59.920 --> 00:33:07.680
 Let's vote, please.

00:33:07.680 --> 00:33:11.040
 That motion will carry 5-0.

00:33:11.040 --> 00:33:15.680
 That will take us to our items for individual consideration.

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

00:33:19.960 --> 00:33:22.280
 a little bit behind.

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

00:33:31.820 --> 00:33:37.800
 we will start now with 4C, V23-0006.

00:33:37.800 --> 00:33:43.560
 Ashley is here for presentation.

00:33:43.560 --> 00:33:45.640
 Good evening, Chair, members of the commission.

00:33:45.640 --> 00:33:47.600
 Ashley Eckstead, Assistant Planner.

00:33:47.600 --> 00:33:50.100
 This is V23-0006.

00:33:50.100 --> 00:33:54.880
 This is a subdivision variance for 3301 North Elm Street.

00:33:54.880 --> 00:33:58.600
 This is a request for a variance to reduce the minimum number of full vehicular access

00:33:58.600 --> 00:34:03.740
 points from 2 to 1 and also provide one emergency-only access.

00:34:03.740 --> 00:34:08.920
 This is a proposed multifamily development located on the south side of North Elm Street.

00:34:08.920 --> 00:34:15.100
 They are requesting to vary from DDC 832C1C, which does require at least two full points

00:34:15.100 --> 00:34:19.800
 of vehicular access into residential uses with 30 or more dwelling units.

00:34:19.800 --> 00:34:22.720
 And staff will be recommending approval.

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

00:34:27.600 --> 00:34:32.840
 the existing median opening, and Site Driveway 2 will be their emergency access.

00:34:32.840 --> 00:34:37.480
 Elm is a primary arterial which requires 200-foot drive spacing, which would put their second

00:34:37.480 --> 00:34:44.800
 full access point into the area that they are wanting to use as tree preservation.

00:34:44.800 --> 00:34:51.080
 The zoning on this site is R7, and they are proposing a 67-unit multifamily residential

00:34:51.080 --> 00:34:52.080
 development.

00:34:52.080 --> 00:34:56.520
 A separate specific use permit application will follow at a later date for the multifamily

00:34:56.520 --> 00:34:57.520
 use.

00:34:57.520 --> 00:35:03.880
 Approval of this subdivision variance does not best the multifamily use on this property.

00:35:03.880 --> 00:35:06.280
 This is another view of the same design.

00:35:06.280 --> 00:35:08.800
 You can see this is their full access drive.

00:35:08.800 --> 00:35:13.880
 This is their emergency access, and this will be their tree preservation area.

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

00:35:18.000 --> 00:35:22.080
 would like to preserve.

00:35:22.080 --> 00:35:24.140
 This was one of their alternative proposals.

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

00:35:28.760 --> 00:35:30.640
 through the tree preservation area.

00:35:30.640 --> 00:35:33.980
 This does meet the 200-foot minimum drive spacing.

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

00:35:38.620 --> 00:35:46.100
 to limit access to arterials, and this would not align with that goal.

00:35:46.100 --> 00:35:51.480
 The criteria for approval for subdivision variances are in DDC subchapter 2.

00:35:51.480 --> 00:35:56.100
 Due to the property shape, the existing trees, the existing property frontage, and the existing

00:35:56.100 --> 00:36:01.340
 roadway classifications, it would be challenging for the property to meet all applicable requirements

00:36:01.340 --> 00:36:04.760
 of the DDC and TDCM.

00:36:04.760 --> 00:36:08.480
 Granting this variance will not be detrimental to the public health, safety, or welfare,

00:36:08.480 --> 00:36:14.680
 and the special conditions were not based on the results or actions by the owner.

00:36:14.680 --> 00:36:19.440
 Staff does recommend approval of the request as it complies with the criterion 245E and

00:36:19.440 --> 00:36:23.300
 287D of the Denton Development Code.

00:36:23.300 --> 00:36:26.320
 Happy to answer any questions.

00:36:26.320 --> 00:36:27.320
 Thank you, Ashley.

00:36:27.320 --> 00:36:28.320
 Any questions?

00:36:28.320 --> 00:36:32.520
 I do not see any.

00:36:32.520 --> 00:36:35.640
 Thank you so much.

00:36:35.640 --> 00:36:40.120
 This time, Chair can entertain a motion or discussion.

00:36:40.120 --> 00:36:41.120
 Commissioner Pruitt?

00:36:41.120 --> 00:36:42.120
 Move approval.

00:36:42.120 --> 00:36:43.120
 Commissioner Cole?

00:36:43.120 --> 00:36:44.120
 Second.

00:36:44.120 --> 00:36:45.120
 Okay.

00:36:45.120 --> 00:36:46.800
 We've got a first and a second for approval.

00:36:46.800 --> 00:36:48.720
 Is there any discussion?

00:36:48.720 --> 00:36:49.720
 Okay.

00:36:49.720 --> 00:36:58.560
 Let's vote, please.

00:36:58.560 --> 00:37:01.280
 That motion carries 5-0.

00:37:01.280 --> 00:37:06.640
 Now we will hear 4-D, PP23-0021A.

00:37:06.640 --> 00:37:10.320
 I'll invite Julie down to present that item.

00:37:10.320 --> 00:37:12.720
 We're going to do 4-D, Julie.

00:37:12.720 --> 00:37:13.720
 Yep.

00:37:13.720 --> 00:37:18.600
 That way we can let Mia get organized and we'll bring her up then.

00:37:18.600 --> 00:37:19.600
 Sorry about that.

00:37:19.600 --> 00:37:20.600
 All right.

00:37:20.600 --> 00:37:22.160
 Didn't mean to catch off guard.

00:37:22.160 --> 00:37:23.160
 No.

00:37:23.160 --> 00:37:24.160
 That's okay.

00:37:24.160 --> 00:37:25.160
 Thank you.

00:37:25.160 --> 00:37:31.560
 Thank you, Pruitt, and I am presenting PP23-0021A.

00:37:31.560 --> 00:37:37.220
 This is a preliminary plat for a proposed multifamily development located on the north

00:37:37.220 --> 00:37:41.600
 side of Edwards, just east of May Hill.

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

00:37:45.840 --> 00:37:48.280
 requirements of a preliminary plat.

00:37:48.280 --> 00:37:54.120
 However, staff has no objection to their second request for an extension to the November

00:37:54.120 --> 00:37:58.800
 15th, 2023 Planning and Zoning Commission meeting, and I will be happy to answer any

00:37:58.800 --> 00:37:59.800
 questions.

00:37:59.800 --> 00:38:00.800
 Thank you, Julie.

00:38:00.800 --> 00:38:01.800
 Questions for Julie?

00:38:01.800 --> 00:38:02.800
 Thank you.

00:38:02.800 --> 00:38:03.800
 Thank you.

00:38:03.800 --> 00:38:18.800
 Chair can entertain a motion or discussion on this item.

00:38:18.800 --> 00:38:19.800
 Commissioner Cole?

00:38:19.800 --> 00:38:26.240
 I make a motion to grant the extension to November 15th, 2023.

00:38:26.240 --> 00:38:27.240
 Okay.

00:38:27.240 --> 00:38:28.240
 Commissioner Pruitt?

00:38:28.240 --> 00:38:29.240
 Second.

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

00:38:33.080 --> 00:38:36.040
 15th, 2023.

00:38:36.040 --> 00:38:37.040
 Any discussion?

00:38:37.040 --> 00:38:38.040
 Okay.

00:38:38.040 --> 00:38:46.640
 Let's vote on the board, please.

00:38:46.640 --> 00:38:49.200
 That motion carries 5-0.

00:38:49.200 --> 00:38:53.840
 Now we will jump back up to 4A and hear FP230026A.

00:38:53.840 --> 00:39:00.680
 Hello, Mia, thank you for running through the rain.

00:39:00.680 --> 00:39:02.160
 It's all good.

00:39:02.160 --> 00:39:03.160
 Hi.

00:39:03.160 --> 00:39:06.460
 All for the love of planning.

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

00:39:13.120 --> 00:39:19.880
 plat for what is now Hickory Grove, phase 1A, from the formerly known Legends Ranch within

00:39:19.880 --> 00:39:22.400
 that Legends Ranch mud.

00:39:22.400 --> 00:39:25.720
 When this was sent out to you, staff was recommended to denial.

00:39:25.720 --> 00:39:29.840
 We have since worked with the applicant to get to a recommendation of approval.

00:39:29.840 --> 00:39:35.760
 So now that they are satisfying or meeting all of our criteria, we are recommending approval.

00:39:35.760 --> 00:39:39.040
 And with that, I'll take any questions or comments that you have.

00:39:39.040 --> 00:39:41.280
 Thank you.

00:39:41.280 --> 00:39:42.280
 Commissioner Pruitt?

00:39:42.280 --> 00:39:43.280
 Yes, sir.

00:39:43.280 --> 00:39:46.880
 I just wanted to check one thing since the amendments.

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.

00:39:51.960 --> 00:39:52.960
 This one?

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

00:39:58.920 --> 00:40:01.040
 for a turnaround shown.

00:40:01.040 --> 00:40:05.680
 Can you just explain why there's nothing shown on the plat at that point?

00:40:05.680 --> 00:40:06.800
 For this area here?

00:40:06.800 --> 00:40:12.240
 Or an emergency turnaround easement at the termination of that road?

00:40:12.240 --> 00:40:16.760
 I believe here, so I think a fire reviewer probably would have warranted that.

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

00:40:21.840 --> 00:40:23.600
 why it is not shown.

00:40:23.600 --> 00:40:26.400
 Thank you.

00:40:26.400 --> 00:40:29.200
 Anything else from you?

00:40:29.200 --> 00:40:36.080
 Thank you.

00:40:36.080 --> 00:40:39.320
 We can entertain a motion or discussion.

00:40:39.320 --> 00:40:40.320
 Commissioner Pruitt?

00:40:40.320 --> 00:40:41.400
 I'll move approval.

00:40:41.400 --> 00:40:42.400
 Commissioner McDade?

00:40:42.400 --> 00:40:43.400
 Second.

00:40:43.400 --> 00:40:46.720
 Okay, we've got a first and a second for approval discussion.

00:40:46.720 --> 00:40:56.200
 Okay, let's vote, please.

00:40:56.200 --> 00:40:58.360
 That motion will carry five zero.

00:40:58.360 --> 00:41:04.840
 Now we will hear four B, ZCP 230028.

00:41:04.840 --> 00:41:10.880
 So again, Mia?

00:41:10.880 --> 00:41:16.520
 Mia Hines, city planner, I'm sorry, associate planner.

00:41:16.520 --> 00:41:22.760
 This item is a zoning compliance plan for the Razor Ranch Town Center Phase 2A.

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

00:41:26.880 --> 00:41:30.240
 Center that's currently under construction.

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

00:41:35.680 --> 00:41:37.640
 plans have to be approved by the Planning and Zoning Commission.

00:41:37.640 --> 00:41:40.320
 That's why this is coming before you tonight.

00:41:40.320 --> 00:41:45.960
 The site itself is 9.7 acres, generally located at the southeast corner of West University

00:41:45.960 --> 00:41:48.280
 Drive and I-35.

00:41:48.280 --> 00:41:52.960
 Again, this is the town center multifamily development.

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

00:41:57.500 --> 00:42:03.680
 included Target, Dick's Sporting Goods, and then the indoor recreation establishment,

00:42:03.680 --> 00:42:09.040
 Andy B's, is to the south of this site.

00:42:09.040 --> 00:42:12.380
 So for the zoning, of course, this is within the Razor Ranch Overlay District.

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,

00:42:19.640 --> 00:42:24.400
 and again, the permitted or the proposed use is multifamily and that is permitted within

00:42:24.400 --> 00:42:25.400
 this sub-area.

00:42:25.400 --> 00:42:33.240
 For the site plan itself, we had to look at ordinances 2016-017, specifically exhibits

00:42:33.240 --> 00:42:40.320
 B, D1, and C3 for the architectural and landscape guidelines for this particular site.

00:42:40.320 --> 00:42:44.240
 With this zoning compliance plan, we looked at the site plan, the general layout, the

00:42:44.240 --> 00:42:48.600
 landscape plan, as well as four-sided building elevations, conceptual building elevations

00:42:48.600 --> 00:42:52.440
 to ensure that they are conceptually meeting the requirements of the Razor Ranch Overlay

00:42:52.440 --> 00:42:54.860
 District.

00:42:54.860 --> 00:43:00.120
 We did go through the specific criteria for approval listed in the 2002 DDC that applied

00:43:00.120 --> 00:43:04.560
 to this specific sub-area, I'm sorry, this overlay district.

00:43:04.560 --> 00:43:08.080
 The site plan does substantially comply with the concept and schematic plan approved by

00:43:08.080 --> 00:43:09.280
 city council.

00:43:09.280 --> 00:43:13.600
 The site plan also provides for a compatible arrangement of buildings and land uses as

00:43:13.600 --> 00:43:15.960
 required per this criteria.

00:43:15.960 --> 00:43:21.520
 The site plan also provides for an adequate and safe circulation of vehicles and traffic

00:43:21.520 --> 00:43:26.640
 and extends the existing roadway infrastructure as well as bicycle and pedestrian paths that

00:43:26.640 --> 00:43:27.640
 are on-site.

00:43:27.640 --> 00:43:32.440
 Finally, the plan fully complies with all other sections of the overlay district as

00:43:32.440 --> 00:43:33.440
 applicable.

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.

00:43:38.280 --> 00:43:43.680
 Just a broad overview, they are proposing 324 residences.

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

00:43:52.280 --> 00:43:57.640
 the required amount for bicycle spaces as well as parking, but the Razor Ranch Overlay

00:43:57.640 --> 00:44:02.140
 District does not have a cap, so they are within their rights to do that.

00:44:02.140 --> 00:44:06.640
 As far as access and circulation, the site is utilizing a budding private street system,

00:44:06.640 --> 00:44:11.080
 so this particular sub-area itself does not touch a public street, but within the Razor

00:44:11.080 --> 00:44:14.720
 Ranch Overlay District, there are private streets with public access easements on them

00:44:14.720 --> 00:44:16.720
 for anyone to access.

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

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

00:44:33.200 --> 00:44:34.880
 drive.

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

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

00:44:47.680 --> 00:44:53.360
 well as eight-foot wide sidewalks on either side of the access point.

00:44:53.360 --> 00:44:57.560
 Then throughout the site, there are ranging from about four feet to eight feet sidewalks

00:44:57.560 --> 00:45:04.640
 as well, connecting the site internally as well as to existing stub-out pedestrian paths

00:45:04.640 --> 00:45:07.760
 on the exterior of the site.

00:45:07.760 --> 00:45:11.960
 As far as site amenities, they are proposing a dog park, pool courtyard, and an indoor

00:45:11.960 --> 00:45:22.000
 child play area, and those items are consistent with the Razor Ranch Overlay District standard.

00:45:22.000 --> 00:45:25.880
 The landscape plan is here and providing your backup meeting your requirements.

00:45:25.880 --> 00:45:30.840
 The total landscape area coverage for this site is just under 18%.

00:45:30.840 --> 00:45:36.160
 The total tree canopy coverage for this site is 34.6% meeting the minimum requirements

00:45:36.160 --> 00:45:37.360
 for this site.

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

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

00:45:44.320 --> 00:45:51.400
 came through, we allowed that particular site to be under 25% with the insurance that the

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

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

00:46:00.560 --> 00:46:02.960
 tree canopy coverage here.

00:46:02.960 --> 00:46:04.320
 These are the proposed elevations.

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,

00:46:11.840 --> 00:46:16.520
 what would be facing the interior courtyard, as well as what would be facing the abutting

00:46:16.520 --> 00:46:20.440
 private street to the east.

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

00:46:26.880 --> 00:46:30.960
 street to hopefully discourage people from speeding straight down, straight through the

00:46:30.960 --> 00:46:35.120
 Razor Ranch overlay district, and again, I think the sort of on-street parking that's

00:46:35.120 --> 00:46:42.160
 set up here and the shared access with it being for vehicles and bicycles will also

00:46:42.160 --> 00:46:45.000
 help with that.

00:46:45.000 --> 00:46:46.000
 Here's some more elevations.

00:46:46.000 --> 00:46:49.840
 Of course, the conceptual elevations for all buildings were included in your backup as

00:46:49.840 --> 00:46:55.160
 well, and those are consistent with the requirements.

00:46:55.160 --> 00:47:01.160
 So just information, we are recommending approval, as it does comply with all of the standards

00:47:01.160 --> 00:47:07.440
 applicable criteria for approval for Razor Ranch, and with that, I will take any questions

00:47:07.440 --> 00:47:09.080
 or comments you have at this time.

00:47:09.080 --> 00:47:10.080
 Thank you, Mia.

00:47:10.080 --> 00:47:11.080
 Commissioner Pruitt.

00:47:11.080 --> 00:47:12.920
 Thank you, Chair.

00:47:12.920 --> 00:47:18.440
 Just a couple questions on that north-south spine.

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

00:47:24.800 --> 00:47:28.720
 two 15-foot wide lanes reserved for travel.

00:47:28.720 --> 00:47:32.920
 It's like a 30-foot wide area.

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

00:47:37.880 --> 00:47:39.800
 why that's so wide?

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

00:47:46.200 --> 00:47:49.080
 it's a private drive.

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

00:47:53.600 --> 00:48:03.320
 for both bicycles traveling and cars traveling and parking, and then I think maybe the applicant

00:48:03.320 --> 00:48:07.440
 is here, and they can speak to that a little bit if they'd like.

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

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,

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

00:48:31.080 --> 00:48:39.680
 like it gives everybody the license to be mad at somebody else as opposed to making

00:48:39.680 --> 00:48:45.920
 it clear where everybody's supposed to be, so I just wanted to understand where that

00:48:45.920 --> 00:48:46.920
 came from.

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

00:48:51.220 --> 00:49:00.720
 to pursue it, that it's within some modicum of guidelines that ... Okay, all right, thanks.

00:49:00.720 --> 00:49:01.720
 Commissioner McDade.

00:49:01.720 --> 00:49:03.280
 Thank you, Madam Chair.

00:49:03.280 --> 00:49:05.920
 Yeah, I just have a simple question.

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

00:49:10.720 --> 00:49:15.800
 US 280, I don't want to ... 380, that is a typo, yes, sir.

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

00:49:20.000 --> 00:49:24.320
 up at highway 280 and I can't find it.

00:49:24.320 --> 00:49:25.320
 Okay.

00:49:25.320 --> 00:49:30.360
 It's generally located at the southeast corner of West University, US 380, and I-35.

00:49:30.360 --> 00:49:32.040
 All righty, thank you.

00:49:32.040 --> 00:49:34.600
 Thank you, Commissioner McDade.

00:49:34.600 --> 00:49:37.360
 Any other questions for me, y'all?

00:49:37.360 --> 00:49:41.040
 Okay, thank you very much.

00:49:41.040 --> 00:49:47.960
 Okay, at this time, we can entertain a motion or further discussion.

00:49:47.960 --> 00:49:50.860
 Okay.

00:49:50.860 --> 00:49:53.540
 Commissioner McDade.

00:49:53.540 --> 00:49:54.540
 Commissioner Cole.

00:49:54.540 --> 00:49:55.540
 Second.

00:49:55.540 --> 00:49:58.520
 We've got a first and a second for approval.

00:49:58.520 --> 00:49:59.520
 Any discussion?

00:49:59.520 --> 00:50:10.160
 Okay, let's vote, please.

00:50:10.160 --> 00:50:13.000
 That motion will carry 5-0.

00:50:13.000 --> 00:50:16.680
 That will now take us to our public hearing items this evening.

00:50:16.680 --> 00:50:21.680
 5A DCA 23-0011.

00:50:21.680 --> 00:50:30.240
 I will go ahead and open the public hearing and make mention that staff is requesting

00:50:30.240 --> 00:50:39.960
 that we postpone this item to a date certain of November 15th, 2023.

00:50:39.960 --> 00:50:44.200
 So we are looking for further discussion on that or a motion.

00:50:44.200 --> 00:50:45.200
 Commissioner Pruitt.

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,

00:50:49.800 --> 00:50:50.800
 2023.

00:50:50.800 --> 00:50:51.800
 Commissioner Villarreal.

00:50:51.800 --> 00:50:52.800
 Second.

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

00:50:57.920 --> 00:51:04.440
 November 15th, 2023, with the public hearing remaining open.

00:51:04.440 --> 00:51:05.440
 Any discussion?

00:51:05.440 --> 00:51:12.760
 Okay, let's vote, please.

00:51:12.760 --> 00:51:18.360
 That motion will carry 5-0.

00:51:18.360 --> 00:51:23.960
 That will take us to 5B SI 23-0002.

00:51:23.960 --> 00:51:31.280
 I will open the public hearing and Julie is here for presentation.

00:51:31.280 --> 00:51:35.520
 Good evening, Julie Wyatt, principal planner.

00:51:35.520 --> 00:51:41.980
 And I'm presenting SI 23-0002, 2801 Spencer.

00:51:41.980 --> 00:51:45.360
 This is a staff-initiated rezoning.

00:51:45.360 --> 00:51:51.700
 The request is to rezone approximately 19.5 acres from general office district to mixed

00:51:51.700 --> 00:51:53.600
 use regional.

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.

00:51:58.680 --> 00:52:05.760
 This is that existing showing that existing geo color for the subject property and proposing

00:52:05.760 --> 00:52:08.460
 to rezone to that purple color.

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

00:52:15.120 --> 00:52:17.920
 of between loop 288 and Mayhill.

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

00:52:27.040 --> 00:52:29.640
 zoning district which permits its use.

00:52:29.640 --> 00:52:35.120
 It is an elderly housing development that was constructed in 2008.

00:52:35.120 --> 00:52:41.760
 We recently underwent some DDC amendments to modify our development standards for reasonable

00:52:41.760 --> 00:52:46.080
 accommodation, group home, community home, also elderly housing.

00:52:46.080 --> 00:52:52.720
 As part of that code amendment, we removed elderly housing from geo.

00:52:52.720 --> 00:52:57.660
 We felt like some of the uses in geo could create some incompatibilities with elderly

00:52:57.660 --> 00:53:01.720
 housing, so we wanted to just kind of separate those uses.

00:53:01.720 --> 00:53:08.680
 In doing that and doing that DDC update, we did make this property nonconforming.

00:53:08.680 --> 00:53:12.520
 This really is just to align that use with correct zoning.

00:53:12.520 --> 00:53:17.520
 It would just provide certainty for not only the residents, but also the property owner,

00:53:17.520 --> 00:53:23.480
 make sure that continued investment can be done on the property.

00:53:23.480 --> 00:53:28.640
 The comprehensive plan designates the property as regional mixed use, MR, is consistent with

00:53:28.640 --> 00:53:30.960
 that future land use map.

00:53:30.960 --> 00:53:38.960
 It allows a variety of uses, residential, commercial service, and office uses typically

00:53:38.960 --> 00:53:45.600
 found at that scale that you see on arterial roadways like Mayhill and Loop 288.

00:53:45.600 --> 00:53:49.640
 Also so it complies with other goals of the comprehensive planning, including our land

00:53:49.640 --> 00:53:51.920
 use one that grow compactly.

00:53:51.920 --> 00:53:54.240
 This is an existing use on an existing roadway.

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

00:54:00.520 --> 00:54:06.320
 regulations that MR district allows that existing use to remain, providing necessary housing

00:54:06.320 --> 00:54:09.000
 for the community who lives there.

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

00:54:14.360 --> 00:54:19.680
 in that regional mixed use, surrounded by what is intended to be regional mixed use

00:54:19.680 --> 00:54:22.200
 around it.

00:54:22.200 --> 00:54:27.080
 We also look at impacts to any surrounding property.

00:54:27.080 --> 00:54:31.520
 I should note that the property is not intended to redevelop at this time.

00:54:31.520 --> 00:54:34.080
 They have no intent to do so.

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

00:54:40.080 --> 00:54:43.000
 at least addressed.

00:54:43.000 --> 00:54:48.400
 MR district is a logical extension of that zoning to the west of the site.

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

00:54:52.960 --> 00:54:56.680
 property, so it really is just an extension of that zoning pattern.

00:54:56.680 --> 00:54:59.720
 The north and east of the site is zone G.O. district.

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

00:55:04.920 --> 00:55:12.280
 expect any incompatible development to emerge surrounding the subject site.

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,

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

00:55:26.600 --> 00:55:30.820
 code, how that impacts it.

00:55:30.820 --> 00:55:34.520
 We don't make nonconforming uses leave.

00:55:34.520 --> 00:55:38.120
 They can continue to operate at that location.

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

00:55:43.760 --> 00:55:49.160
 do any expansions or substantial improvements to the property, that's where there are limitations

00:55:49.160 --> 00:55:51.000
 on that with the code.

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

00:55:54.820 --> 00:55:57.360
 in the property.

00:55:57.360 --> 00:56:01.160
 Public outreach was sent out.

00:56:01.160 --> 00:56:04.040
 The newspaper ad, the property was posted.

00:56:04.040 --> 00:56:07.800
 Commissioner Ellis did alert me that she's like, "Was the property posted?"

00:56:07.800 --> 00:56:11.120
 Yes, we did get signs on the property.

00:56:11.120 --> 00:56:17.920
 There are some pictures on your screen just to confirm that with the commission.

00:56:17.920 --> 00:56:20.080
 We also sent out the mailed notices.

00:56:20.080 --> 00:56:24.720
 We have not received really any written responses either for or against.

00:56:24.720 --> 00:56:27.360
 We have received calls at the city.

00:56:27.360 --> 00:56:31.920
 We've also reached out to the property owner for that elderly housing development because

00:56:31.920 --> 00:56:33.480
 we were changing their zoning.

00:56:33.480 --> 00:56:37.040
 We wanted to make sure that they were aware of that.

00:56:37.040 --> 00:56:38.300
 We had some discussions.

00:56:38.300 --> 00:56:40.360
 They did respond back to me.

00:56:40.360 --> 00:56:44.900
 We offered to hold a neighborhood meeting for the community.

00:56:44.900 --> 00:56:46.560
 They didn't feel like that was necessary.

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

00:56:53.480 --> 00:56:55.080
 just wanted to know.

00:56:55.080 --> 00:57:01.600
 We've also talked to some residents of that community, also similar, wanting to know what

00:57:01.600 --> 00:57:06.600
 is this, just explain to them what the situation was.

00:57:06.600 --> 00:57:11.280
 Really haven't received a lot of response either for or against.

00:57:11.280 --> 00:57:13.200
 Staff does recommend approval of the request.

00:57:13.200 --> 00:57:17.600
 It complies with the criteria for approval of the Denton Development Code.

00:57:17.600 --> 00:57:19.320
 I'll be happy to answer any questions.

00:57:19.320 --> 00:57:24.340
 Is this tentatively scheduled for the beginning of December going to City Council?

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

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

00:57:33.120 --> 00:57:34.120
 tonight.

00:57:34.120 --> 00:57:35.680
 I'll be happy to answer any questions.

00:57:35.680 --> 00:57:36.780
 Thank you, Julie.

00:57:36.780 --> 00:57:41.120
 Any questions for Julie?

00:57:41.120 --> 00:57:42.620
 Thank you very much.

00:57:42.620 --> 00:57:43.840
 This is a public hearing.

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

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.

00:57:55.880 --> 00:57:56.880
 Commissioner Villarreal?

00:57:56.880 --> 00:57:58.360
 I move approval.

00:57:58.360 --> 00:57:59.360
 Commissioner Pruitt?

00:57:59.360 --> 00:58:00.360
 Second.

00:58:00.360 --> 00:58:03.320
 Okay, we've got a first and a second for approval.

00:58:03.320 --> 00:58:05.400
 Any discussion?

00:58:05.400 --> 00:58:15.240
 Okay, let's vote on the board, please.

00:58:15.240 --> 00:58:16.760
 That motion carries 5-0.

00:58:16.760 --> 00:58:19.880
 That will take us to our Planning and Zoning Commission Project Matrix.

00:58:19.880 --> 00:58:22.720
 I will turn it over to Haley.

00:58:22.720 --> 00:58:24.240
 All right.

00:58:24.240 --> 00:58:28.160
 Just a couple of quick updates on the City Council front.

00:58:28.160 --> 00:58:33.200
 The Stuart Apartments SUP that you all heard a few weeks ago for the additional height,

00:58:33.200 --> 00:58:37.840
 that was postponed to the November 7th council meeting after their discussion here with the

00:58:37.840 --> 00:58:38.840
 P&Z.

00:58:38.840 --> 00:58:43.040
 They decided to try for some additional neighborhood outreach prior to going to council, so that

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

00:58:48.440 --> 00:58:53.560
 last meeting was approved four to two at last night's City Council meeting.

00:58:53.560 --> 00:58:56.240
 Just a few other things to make you all aware of.

00:58:56.240 --> 00:58:59.880
 You should have received a packet while we were at work session today for the special

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

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

00:59:07.960 --> 00:59:10.000
 materials.

00:59:10.000 --> 00:59:14.500
 And then our other two area plans, because next week is dedicated to Northeast Denton,

00:59:14.500 --> 00:59:16.400
 so just some quick updates on the others.

00:59:16.400 --> 00:59:20.840
 Southeast, they are continuing their outreach and doing intercept surveys around Southeast

00:59:20.840 --> 00:59:25.440
 Denton, so you may see Julie and Mia out doing surveys at some random locations throughout

00:59:25.440 --> 00:59:29.600
 the community trying to get additional feedback on visual preferences.

00:59:29.600 --> 00:59:33.520
 And then our downtown plan is also moving along, and we anticipate a joint meeting for

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

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

00:59:42.200 --> 00:59:43.200
 mind.

00:59:43.200 --> 00:59:44.200
 Great.

00:59:44.200 --> 00:59:45.200
 Thank you.

00:59:45.200 --> 00:59:46.200
 Anything to add to the matrix?

00:59:46.200 --> 00:59:47.200
 Okay.

00:59:47.200 --> 00:59:50.560
 I'll just piggyback a little bit just on that November 1st meeting.

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

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

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

01:00:04.520 --> 01:00:10.560
 be prepared with questions, that'll help that meeting to be productive for sure.

01:00:10.560 --> 01:00:12.360
 Okay.

01:00:12.360 --> 01:00:15.080
 Any concluding items?

01:00:15.080 --> 01:00:16.080
 Commissioner Villarreal?

01:00:16.080 --> 01:00:23.400
 Do you want to remind folks that early voting is continuing today through next Friday the

01:00:23.400 --> 01:00:24.960
 3rd.

01:00:24.960 --> 01:00:27.440
 You can vote anywhere in Denton County.

01:00:27.440 --> 01:00:31.240
 Vote for the propositions and the constitutional amendments.

01:00:31.240 --> 01:00:33.580
 Thank you very much.

01:00:33.580 --> 01:00:35.800
 Any other concluding items?

01:00:35.800 --> 01:00:38.800
 Commissioner Cole?

01:00:38.800 --> 01:00:40.400
 Thank you, Chair.

01:00:40.400 --> 01:00:44.880
 That packet, is that on our Outlook, or is that coming --

01:00:44.880 --> 01:00:46.600
 That would have gone to your city email.

01:00:46.600 --> 01:00:47.600
 Okay.

01:00:47.600 --> 01:00:50.600
 Yeah, came from Kathy.

01:00:50.600 --> 01:00:52.440
 Okay.

01:00:52.440 --> 01:00:54.480
 Anything else?

01:00:54.480 --> 01:00:57.480
 Okay.

01:00:57.480 --> 01:01:00.960
 I will go ahead then and adjourn us at 7 p.m.

01:01:00.960 --> 01:01:01.960
 Thank you, everyone.

01:01:01.960 --> 01:01:02.960
 Be safe out there.

01:01:02.960 --> 01:01:12.960
 [BLANK_AUDIO]