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 Good afternoon and welcome to the special called meeting of the City of Denton Planning

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 and Zoning Commission from Wednesday, May 29th.

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 This is our work session and with the quorum present, I will call us to order.

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 With this full agenda, I'm going to turn this over to Richard for a minute to discuss the

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 format of tonight.

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 Just wanted to provide a couple of clarifications.

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 As noted on the agenda, item J has been postponed to June 26th.

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 So that item will not be heard.

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 Item A, just before that, which involves area 8, we're going to be taking that out of order.

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 We're going to be hearing that right after item A and then we'll get into the hearings

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 for the remainder B through Y, I believe, B through Y again with the exception of I

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 and J. One thing that's a little bit different than other public hearings where we've had

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 cases, again, this is a large amount of city initiated rezonings.

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 There is the ability to open the public hearing for all of them and then vote one time if

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 that's -- if everyone is in agreement.

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 If there is some opposition or there's a concern about a particular area, certainly that item

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 could be sort of pulled -- think of it similar to a consent agenda item.

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 Again, that's up to the commission.

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 We were just trying to make it for ease sake to allow for that rather than have to call

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 each one and take action on each individual.

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 It could be done sort of on a wholesale -- on a wholesale basis.

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 >> Commissioner Smith.

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 >> Thank you.

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 Thank you, Vice Chair.

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 If there was, let's say, I don't know, where item D, there's a discrepancy on that or something

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 wanted to be voted on separately for acceptance, would it be a motion to approve all except

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 item D?

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 How would we go about doing that?

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 Would we just -- how would that motion look, I guess, or could we make a motion, say, accept

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 all with item D having these changes made to it, I mean, I just -- direction from legal

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 or Richard on how we should make motions if there are going to be changes and tweaks to

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 it?

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 >> Yeah.

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 I think if you're at the point to make a motion to just pull whatever item that would need

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 to be pulled to be heard separately.

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 >> Okay.

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 >> And deal with it.

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 >> Mm-hmm.

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 >> Okay.

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 Or even possibly during a work session bring it up to where we just say, hey, it looks

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 like, yeah, we've had some pretty dark -- not dark discussions, that's wrong -- some pretty

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 deep discussions on a certain item, can we -- we will open a public hearing for A through

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 B, A through C, and then E through Y, and then we'll go back to item D and have that

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 public hearing be open or something like that.

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 >> Yeah, we could certainly do that.

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 >> Okay.

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 Got it.

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 Thank you.

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 >> Is everybody else okay with -- that way?

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 Commissioner Pernod?

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 >> And I just have a question kind of along those lines.

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 So we will be establishing which ones we're voting on at the beginning of this session

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 or how?

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 I guess my concern is I want to ensure that, you know, we don't walk in there and wind

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 up having a particular section have public pushback and then, you know, have that complicate

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 the vote.

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 So are we going to be deciding at the tail end, at the beginning, how are we determining

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 which way we're voting these?

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 >> So the way we're -- the first way we're doing it is by pulling I out, we're actually

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 voting on I separately because Jerry has to recuse himself and then he'll come back for

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 the rest.

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 The rest -- the plan is to take them as a bulk.

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 Per staff, they have not gotten opposition to any of these.

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 Now that doesn't mean things, I guess, won't change when we get into chambers or around

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 here as our discussion.

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 So right now the plan would be to vote on the rest of them as a block.

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 But if we do need to alter that, pull something at that time, then we can do that accordingly.

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 If you're comfortable with that.

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 >> And even if there is opposition, we can certainly just --

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 >> Discuss it.

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 >> Just discuss it.

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 Yeah.

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 And even pull that item.

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 >> Pull it if we need to in postponement.

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 Does that make sense?

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 Okay.

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 Okay.

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 Thank you, Richard.

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 So with that, we will move to our first agenda item, which is work session report.

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 Receive a report.

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 Hold a discussion.

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 Give staff direction on policy regarding motions made, the planning and zoning commission

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 meetings.

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 And Charlie.

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 >> Good afternoon, commission.

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 Charlie Rosendahl, business services manager.

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 I don't have a presentation for you today.

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 I just wanted to discuss with you all quickly and get some of your direction on when a motion

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 is made, whether -- what the default, if you will, should be, if that motion should include

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 the staff recommendations, unless the motion specifically says otherwise.

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 Or if you don't include the staff recommendations in that motion, if we should take it as you're

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 not including staff recommendations.

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 Does that make sense?

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 >> Yes.

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 >> It does make sense.

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 I just want a commission direction on that.

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 >> Just one concern I have, as we talk about building heights, not exceeding two stories

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 on the square itself and no more than three stories on the mews, or whatever we call them,

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 the back streets, MEWs.

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 >> Okay.

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 We're not -- that's not what we're discussing at the moment?

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 >> Okay.

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 I thought we were into the design thing.

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 I was --

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 >> No.

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 No.

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 I'm sorry.

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 >> Okay.

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 Commissioner Smith.

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 >> Okay.

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 >> Thank you, Vice Chair.

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 I'd like to second Larry's idea, I'm just kidding.

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 On the motions, I think that if we -- unless it's stated without staff recommendations

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 or unless it's stated with changes to staff recommendations, if it's a motion with recommendations

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 or just a motion to approve, then that would mean a motion for approval with staff recommendations.

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 So I think that's the direction that I would say we should go, because I know it gets kind

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 of confusing.

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 Sometimes we forget because we get it presented to us, like, yeah, that sounds good, so, yeah,

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 unless it's explicitly stated, I think it would be with recommendations.

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 >> Commissioner St. John's?

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 >> Yeah.

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 I feel the same way.

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 I think when I read the recommendations or when I go through the paperwork, the motion

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 is to include those staff recommendations, so I assume that's what we're doing.

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 And to reiterate as a separate item and say, okay, I make a motion to approve, and then

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 also say with recommendations, it seems kind of redundant, because we're looking at the

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 staff recommendations, and that's included already.

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 So that's the way I look at it.

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 >> And I guess -- and I'm good with that, too, as long as we make sure that staff recommendations

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 are in the public meeting presentation, okay, because that -- I think that's really important.

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 Everybody doesn't go through the backup like we do, even though they can access it online,

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 but what they do watch is the staff presentation, and so as long as I think we always have that

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 slide that has what staff recommendations are, then I think I'm good with just -- Commissioner?

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 >> Thank you, Vice Chair.

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 So I think with -- we had it a couple of weeks ago with one of the presentations, some of

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 the staff recommendations weren't included in that presentation slide, so I think it's

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 just going to be up to us as a discretion to maybe have to add it in.

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 We can be redundant if we need to, I guess, but --

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 >> Well, I don't mean us adding it in.

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 This was more --

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 >> We'll make sure that those --

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 >> Right.

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 This was the direction that staff should always include that in their presentation, so that

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 the public knows that when we make a vote, it's that presentation with those recommendations.

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 Does that make sense?

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 >> And I will let the Commission know that in the past, we have -- if there hasn't been

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 discussion around the staff recommendations or anything to the contrary, and you know,

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 it's late and a motion is made to approve, we have made that assumption that it's with

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 staff recommendations, so we just -- but as we're developing these policies for the Planning

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 and Zoning Commission, we just wanted to make sure we discussed that with you guys and make

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 sure that's your preference as well.

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 >> Right.

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 And then if we don't agree with staff recommendations, we can pull whatever it is in the motion

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 and state the motion to approve, vote, taking that out.

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 Does that make sense?

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 >> I agree.

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 If there's something that we don't agree with, I mean, we're going to discuss it, and I'm

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 sure that's -- then at that point, things change -- you know, then the recommendations

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 -- it's going to change.

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 We're going to change the recommendations from the staff and see if we all approve of

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 it.

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 But I think there is -- 90% of what we've done in the past, I think we go with the staff

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 recommendations, but there has been issues in the past where, you know, we don't agree

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 with particular recommendations, and we can make that change.

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 And at that time, you're aware of it, because I think we make that recommendation.

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 Would you make these changes?

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 >> Yes, sir.

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 >> Commissioner Beck.

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 >> Thank you, Vice Chair.

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 So I'm assuming if there are, say, three recommendations in there, and one of us sees a recommendation

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 we like, we'll discuss that with the notion that at least the person who doesn't want

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 to see that recommendation in there would motion to move to approve minus that.

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 So there would be that discussion before we got to that point, right?

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 >> Correct.

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 >> Right.

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 Thanks.

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 >> Anybody else?

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 Charlie, did all that make sense?

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 >> Yep.

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 >> Okay.

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 Great.

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 >> Thank you.

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 >> Thank you.

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 Okay.

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 I think we can move to item A, then, on our regular agenda, which is the Denton Square

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 District.

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 And I will call up Sean Jacobson for his presentation.

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 >> Good evening, Madam Chair and members of the commission.

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 My name is Sean Jacobson, assistant planner with the planning department, and I am honestly

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 delighted to be here to bring before you at long last the Denton Square District standards

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 and guidelines.

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 As you all know, because we've come before you before, this all started with the tragic

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 fire on the square, which highlighted the need we have for standards to protect the

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 historic nature of our square.

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 At that time, council directed us to, as quickly as possible, move forward with getting a district

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 and standards in place.

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 As you know, it took a little bit longer than we expected.

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 It ended up being about an 18-month process.

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 But as a result, we've been able to have a very transparent process, and I believe what

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 we've ended up with is truly an excellent ordinance to protect our square.

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 So we began by doing research, looking at cities that we believe have done this well.

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 And we took that and distilled it into initial draft standards, which we actually have brought

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 to you before.

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 And from there, we went to our stakeholders.

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 So we wanted to take this to business owners and property owners on the square, as well

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 as residents both from within the square and from around the city.

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 We took that feedback.

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 We also came before you all, before the Historic Landmark Commission, and before city council

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 to get that feedback input.

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 And based on all of that, we revised the standards.

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 And the last time we went to council, they had just a few additional changes.

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 For the most part, this document has stayed the same throughout the process.

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 But they did want an adjustment made to the review process so that they were taking that

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 review directly rather than going through a board.

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 They also had some direction that we provide additional standards for murals on buildings

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 fronting on the square, those facades that face the courthouse, as well as some better

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 standards for temporary construction fencing.

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 So we have included all of that per their direction.

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 And we're coming to you tonight with all of that.

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 So as you can see here, this is the process that after talking with city council, receiving

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 their direction, we've come to where those general repairs, minor alterations would come

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 to staff where they could be approved or denied administratively.

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 And then a denial would then be able to be approved to city council.

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 All major projects, as well as murals, then would go to city council for approval or denial,

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 and they would be the final body.

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 This would not touch at all on interior change, exterior projects, as you can see.

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 We did notify extensively both property owners within the district, as well as within 200

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 feet, and residents out to 500 feet.

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 We received, and you have with you there, I just handed you the letters we received,

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 in support, three letters from within the district, opposition, three letters from within

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 the district, as well as one from within the 200 feet.

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 I will say one of those property owners who is in objection went over and talked with

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 him today, and he is no longer in objection.

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 He's comfortable with what we're proposing.

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 Sean?

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 Yes ma'am?

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 Is that this person here that you gave us in opposition?

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 Those are the letters they support.

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 No, is that the gentleman you talked to, or no?

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 One of the letters in opposition there is.

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 Is the person you talked to?

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 Yes.

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 Yes.

244
00:13:29,560 --> 00:13:30,560
 I want to say that was Danny.

245
00:13:30,560 --> 00:13:31,560
 Danny?

246
00:13:31,560 --> 00:13:32,560
 Yes.

247
00:13:32,560 --> 00:13:33,560
 Yeah, he asked to be called, and you did, and he's...

248
00:13:33,560 --> 00:13:34,560
 Okay.

249
00:13:34,560 --> 00:13:35,560
 Yep.

250
00:13:35,560 --> 00:13:36,560
 Went over.

251
00:13:36,560 --> 00:13:37,560
 We just went over and chatted with him.

252
00:13:37,560 --> 00:13:38,560
 Okay.

253
00:13:38,560 --> 00:13:39,560
 And that was the case with a few others who didn't write in.

254
00:13:39,560 --> 00:13:40,560
 They just wanted to talk, and so we went and talked, and they were comfortable.

255
00:13:40,560 --> 00:13:41,560
 Understand.

256
00:13:41,560 --> 00:13:42,560
 Yeah.

257
00:13:42,560 --> 00:13:43,560
 Okay.

258
00:13:43,560 --> 00:13:46,680
 And truly, we have received just overwhelming support when we've taken this to the public

259
00:13:46,680 --> 00:13:53,400
 in many, many meetings, including the AIA Dallas, and the support has been overwhelming.

260
00:13:53,400 --> 00:13:57,300
 So with that, I will stand for any questions you all have.

261
00:13:57,300 --> 00:13:58,800
 Commissioner Beck.

262
00:13:58,800 --> 00:14:00,600
 Thank you, Vice Chair.

263
00:14:00,600 --> 00:14:06,800
 On the height, I'm reading that we're limited to two stories on the square area itself,

264
00:14:06,800 --> 00:14:11,000
 and up to three stories on the streets behind it.

265
00:14:11,000 --> 00:14:12,000
 Yes, sir.

266
00:14:12,000 --> 00:14:13,000
 Okay.

267
00:14:13,000 --> 00:14:20,520
 In the event that Wells Fargo decides to move out, what do we do with that building?

268
00:14:20,520 --> 00:14:23,160
 Does it stay that way, or do we...

269
00:14:23,160 --> 00:14:29,880
 If somebody comes in and wants to keep it at that height, are we stuck with that?

270
00:14:29,880 --> 00:14:34,480
 There is nothing that would require them to lower the height of that building.

271
00:14:34,480 --> 00:14:35,480
 Okay.

272
00:14:35,480 --> 00:14:37,840
 They could if they wanted to.

273
00:14:37,840 --> 00:14:38,840
 If they wanted to.

274
00:14:38,840 --> 00:14:39,840
 Right.

275
00:14:39,840 --> 00:14:40,840
 But, okay.

276
00:14:40,840 --> 00:14:41,840
 All right.

277
00:14:41,840 --> 00:14:42,840
 So it's going to stay five stories.

278
00:14:42,840 --> 00:14:45,640
 There's nothing in here that would require an existing building.

279
00:14:45,640 --> 00:14:47,080
 It's for new buildings and new facilities.

280
00:14:47,080 --> 00:14:48,080
 Right.

281
00:14:48,080 --> 00:14:51,800
 If a new owner came in, though, the city wouldn't require it to...

282
00:14:51,800 --> 00:14:52,800
 No.

283
00:14:52,800 --> 00:14:55,720
 It's only for you if the owner is proposing to make an exterior change.

284
00:14:55,720 --> 00:14:56,720
 Okay.

285
00:14:56,720 --> 00:14:58,760
 Kind of like a non-conforming situation?

286
00:14:58,760 --> 00:14:59,760
 Yes.

287
00:14:59,760 --> 00:15:00,760
 Okay.

288
00:15:00,760 --> 00:15:01,760
 Absolutely.

289
00:15:01,760 --> 00:15:02,760
 Got you.

290
00:15:02,760 --> 00:15:03,760
 Thanks.

291
00:15:03,760 --> 00:15:04,760
 Yes, sir.

292
00:15:04,760 --> 00:15:05,760
 Commissioner Burnetta?

293
00:15:05,760 --> 00:15:06,760
 Yeah.

294
00:15:06,760 --> 00:15:13,960
 So, on the facade standards, the first item is that existing unpainted brick and stone

295
00:15:13,960 --> 00:15:15,360
 facades must not be painted.

296
00:15:15,360 --> 00:15:22,720
 So for an example, like the newly redone Jupiter House, where the bricks are all black on the

297
00:15:22,720 --> 00:15:28,640
 outside, say someone wanted to change that in the future, would they be able to change

298
00:15:28,640 --> 00:15:33,120
 the paint without issue?

299
00:15:33,120 --> 00:15:35,800
 Now that it has been painted, yes, they would.

300
00:15:35,800 --> 00:15:36,800
 Okay.

301
00:15:36,800 --> 00:15:37,800
 All right.

302
00:15:37,800 --> 00:15:38,800
 If it's...

303
00:15:38,800 --> 00:15:40,960
 So it's only for existing brick that is currently unpainted.

304
00:15:40,960 --> 00:15:41,960
 Okay.

305
00:15:41,960 --> 00:15:44,120
 So everything that's painted right now is grandfathered in?

306
00:15:44,120 --> 00:15:45,120
 Yes.

307
00:15:45,120 --> 00:15:46,120
 Okay.

308
00:15:46,120 --> 00:15:47,120
 All right.

309
00:15:47,120 --> 00:15:48,120
 Thank you.

310
00:15:48,120 --> 00:15:49,120
 Thank you.

311
00:15:49,120 --> 00:15:50,120
 And I'm sorry.

312
00:15:50,120 --> 00:15:51,120
 I should have explained this.

313
00:15:51,120 --> 00:15:52,120
 I should have mentioned this.

314
00:15:52,120 --> 00:15:56,800
 We simply did some renumbering, Jerry and I did, and some adjustments to legal language

315
00:15:56,800 --> 00:15:57,800
 on Friday.

316
00:15:57,800 --> 00:15:59,480
 So I just wanted to make sure you had a copy of that.

317
00:15:59,480 --> 00:16:04,600
 All the changes are bolded and shown in blue.

318
00:16:04,600 --> 00:16:05,600
 Commissioner Sanchez?

319
00:16:05,600 --> 00:16:10,080
 When I was looking through this under subject, and I was looking at it says the Denton Square

320
00:16:10,080 --> 00:16:15,160
 District generally bounded, it should be...

321
00:16:15,160 --> 00:16:20,080
 To me, it's the Denton Square District is bounded by, and then name the streets.

322
00:16:20,080 --> 00:16:24,060
 When you say generally, it kind of leaves it open.

323
00:16:24,060 --> 00:16:27,960
 And I was just curious, is this the definition we use?

324
00:16:27,960 --> 00:16:29,720
 And then you go on to say...

325
00:16:29,720 --> 00:16:35,200
 And then it says in Denton, Texas, generally including all properties.

326
00:16:35,200 --> 00:16:39,880
 When you use the word generally before something, it kind of leaves it open to...

327
00:16:39,880 --> 00:16:41,540
 It can be something else.

328
00:16:41,540 --> 00:16:47,240
 But when we're defining what the Denton Square District is, it's this, this, and it's not

329
00:16:47,240 --> 00:16:48,400
 going to change.

330
00:16:48,400 --> 00:16:52,200
 So I was just curious if it made any difference.

331
00:16:52,200 --> 00:16:56,600
 So that's for the AIS specifically, we use that language.

332
00:16:56,600 --> 00:17:00,560
 For the ordinance itself, we will actually have incredibly detailed meets and bounds that

333
00:17:00,560 --> 00:17:03,440
 will lay out exactly what property is affected.

334
00:17:03,440 --> 00:17:04,440
 Okay, okay, okay.

335
00:17:04,440 --> 00:17:11,960
 Well, that word just kind of stuck out to me as a generally.

336
00:17:11,960 --> 00:17:12,960
 Commissioner Smith?

337
00:17:12,960 --> 00:17:13,960
 Hey, Madam Ambassador.

338
00:17:13,960 --> 00:17:21,480
 Sean, on the building facade height standards under the catastrophic loss, the item about

339
00:17:21,480 --> 00:17:22,480
 the building...

340
00:17:22,480 --> 00:17:27,600
 The reconstruction needs to be done within 12 months, it has to be done within 18 months.

341
00:17:27,600 --> 00:17:32,120
 If those parameters aren't met, do they have to go through a traditional permitting process

342
00:17:32,120 --> 00:17:36,400
 like they would with any of the other facade changes they want to make, if those timelines

343
00:17:36,400 --> 00:17:37,400
 aren't met?

344
00:17:37,400 --> 00:17:41,920
 If that timeline is not met, they would then have to follow the height standards that are

345
00:17:41,920 --> 00:17:42,920
 set.

346
00:17:42,920 --> 00:17:46,800
 That's the state in which they can rebuild to their previous height.

347
00:17:46,800 --> 00:17:49,680
 After that, then they would fall subject to the minimum and maximum.

348
00:17:49,680 --> 00:17:55,120
 So a one story building on the square within that, the district burns, they want to rebuild

349
00:17:55,120 --> 00:18:02,500
 to one story, but because of whether insurance or something else wrong with it, they don't.

350
00:18:02,500 --> 00:18:06,720
 They don't commence within 12 months, they're not finished within 18 months.

351
00:18:06,720 --> 00:18:10,400
 They would then have to build to two stories then.

352
00:18:10,400 --> 00:18:11,400
 That would be how we've written it.

353
00:18:11,400 --> 00:18:16,920
 However, we've also built in, I believe, a director, an addition there, to allow for

354
00:18:16,920 --> 00:18:17,920
 that.

355
00:18:17,920 --> 00:18:18,920
 An extension?

356
00:18:18,920 --> 00:18:19,920
 Yes.

357
00:18:19,920 --> 00:18:20,920
 Okay.

358
00:18:20,920 --> 00:18:21,920
 So it's only an extension.

359
00:18:21,920 --> 00:18:22,920
 It's not a...

360
00:18:22,920 --> 00:18:25,440
 The standard cannot be...

361
00:18:25,440 --> 00:18:29,520
 There's nothing in here that says the standard doesn't have to be met in that city.

362
00:18:29,520 --> 00:18:30,520
 There's nothing in there.

363
00:18:30,520 --> 00:18:34,720
 However, I will say that we've designed this so that city council has the option, if they're

364
00:18:34,720 --> 00:18:38,840
 presented with the overall project, what they would look at is the intent and purpose of

365
00:18:38,840 --> 00:18:43,080
 the district, and if what's being proposed, they believe that meets it, then they would

366
00:18:43,080 --> 00:18:46,240
 be able to sidestep a particular standard and say, "You know what?

367
00:18:46,240 --> 00:18:47,240
 This is overall...

368
00:18:47,240 --> 00:18:48,240
 This is a great project.

369
00:18:48,240 --> 00:18:49,240
 This meets what we want here."

370
00:18:49,240 --> 00:18:50,240
 That would be an option.

371
00:18:50,240 --> 00:18:51,240
 Thank you, Sean.

372
00:18:51,240 --> 00:18:52,240
 Yes, sir.

373
00:18:52,240 --> 00:18:53,240
 Commissioner Sanchez.

374
00:18:53,240 --> 00:18:54,240
 And that was my...

375
00:18:54,240 --> 00:18:55,240
 I was going to ask that question.

376
00:18:55,240 --> 00:18:56,240
 I mean, we've got...

377
00:18:56,240 --> 00:19:01,120
 We set all these standards, but then city council can sidestep some of that stuff.

378
00:19:01,120 --> 00:19:09,920
 If they see that it meets something that they approve of, they can go ahead and...

379
00:19:09,920 --> 00:19:15,520
 We actually have a detailed list that provides an intent and purpose, and so we would have

380
00:19:15,520 --> 00:19:17,040
 to actually meet that.

381
00:19:17,040 --> 00:19:19,560
 They'd have to be able to say, "This is...

382
00:19:19,560 --> 00:19:25,400
 We are not enforcing this particular standard rigidly because what is being proposed really

383
00:19:25,400 --> 00:19:29,880
 does meet, say, the intent of preserving the character of the square," because you might

384
00:19:29,880 --> 00:19:35,480
 be doing something that really fits historically, but it happens to not meet that particular

385
00:19:35,480 --> 00:19:36,480
 standard perfectly.

386
00:19:36,480 --> 00:19:37,480
 Okay.

387
00:19:37,480 --> 00:19:38,480
 Okay.

388
00:19:38,480 --> 00:19:39,480
 That's what...

389
00:19:39,480 --> 00:19:40,480
 Question.

390
00:19:40,480 --> 00:19:41,480
 Richard?

391
00:19:41,480 --> 00:19:45,920
 We might want to clarify that it's not necessarily a sidestep.

392
00:19:45,920 --> 00:19:46,920
 Yes.

393
00:19:46,920 --> 00:19:47,920
 I'm sorry.

394
00:19:47,920 --> 00:19:48,920
 I misspoke there.

395
00:19:48,920 --> 00:19:54,640
 But it is an option for city council to say, "In most cases, this standard makes sense.

396
00:19:54,640 --> 00:20:00,280
 In this case, what has been proposed is better than what would be required if they followed

397
00:20:00,280 --> 00:20:03,680
 this precise."

398
00:20:03,680 --> 00:20:08,000
 And I might even add to that, that ultimately standards are standards, so there's guidelines,

399
00:20:08,000 --> 00:20:13,680
 and where there may be some ambiguity somewhere on some project, then they have that flexibility.

400
00:20:13,680 --> 00:20:15,720
 That's where that appeal process comes in.

401
00:20:15,720 --> 00:20:20,760
 But ultimately, there's a set of standards, and council's following that set of standards.

402
00:20:20,760 --> 00:20:21,760
 Okay.

403
00:20:21,760 --> 00:20:27,280
 I guess I have a question, I guess, on that same line.

404
00:20:27,280 --> 00:20:30,800
 Are standards and guidelines included in this, and they're different?

405
00:20:30,800 --> 00:20:31,800
 Yes.

406
00:20:31,800 --> 00:20:33,520
 So what you handed us here are standards.

407
00:20:33,520 --> 00:20:38,200
 So this generally is not deviated from, right?

408
00:20:38,200 --> 00:20:44,760
 So what I noticed in the understanding the district document, which I believe is part

409
00:20:44,760 --> 00:20:50,140
 of this entire process as well, right, this is something that the developer is going to

410
00:20:50,140 --> 00:20:51,140
 read and...

411
00:20:51,140 --> 00:20:54,400
 Yeah, it's provided to clarify what is in the ordinance itself.

412
00:20:54,400 --> 00:20:59,880
 Yeah, because in there, it does state that city council will not deny a certificate of

413
00:20:59,880 --> 00:21:03,320
 design if the project doesn't meet design guidelines.

414
00:21:03,320 --> 00:21:04,320
 Yes, yes.

415
00:21:04,320 --> 00:21:05,320
 Okay.

416
00:21:05,320 --> 00:21:07,480
 But that is not talking about if it doesn't meet this.

417
00:21:07,480 --> 00:21:10,480
 No, it is not.

418
00:21:10,480 --> 00:21:11,480
 Okay.

419
00:21:11,480 --> 00:21:12,480
 Understood.

420
00:21:12,480 --> 00:21:15,320
 Anybody else have a question?

421
00:21:15,320 --> 00:21:16,320
 No?

422
00:21:16,320 --> 00:21:18,480
 Okay, then I have another one.

423
00:21:18,480 --> 00:21:22,840
 And this is probably just more idea for you guys.

424
00:21:22,840 --> 00:21:30,400
 In here, you talk about encouraging the integration of art into public spaces and private spaces.

425
00:21:30,400 --> 00:21:35,040
 Have you brought this at all to the public art committee for any kind of discussion as

426
00:21:35,040 --> 00:21:41,360
 far as maybe they can be involved with ideas that could make this even better?

427
00:21:41,360 --> 00:21:47,120
 That is, I don't believe that is a body we've gone before yet with this time.

428
00:21:47,120 --> 00:21:49,360
 So there's a little bigger picture at play here.

429
00:21:49,360 --> 00:21:51,720
 This speaks specifically to the buildings.

430
00:21:51,720 --> 00:21:56,920
 We haven't gotten into those public spaces as of yet.

431
00:21:56,920 --> 00:22:01,640
 So this is really just trying to preserve the character as a result of that loss and

432
00:22:01,640 --> 00:22:03,600
 anything to the future.

433
00:22:03,600 --> 00:22:08,560
 But we absolutely intend, and we've had some sidebar conversations on some other items

434
00:22:08,560 --> 00:22:13,680
 with public art, and then we're going to continue as we move to create some other design standards

435
00:22:13,680 --> 00:22:15,520
 in some other unique areas of downtown.

436
00:22:15,520 --> 00:22:20,840
 Yeah, I think they would just be a great body to tap just for discussion purposes.

437
00:22:20,840 --> 00:22:26,440
 So when you're talking with the developers in this area, it can be an idea that maybe

438
00:22:26,440 --> 00:22:31,220
 they gave you that says, "Hey, you might want to consider doing this to your building."

439
00:22:31,220 --> 00:22:35,840
 Just basically as picking the brains of people who are on that committee.

440
00:22:35,840 --> 00:22:36,840
 Great advice.

441
00:22:36,840 --> 00:22:37,840
 Thank you.

442
00:22:37,840 --> 00:22:45,800
 And then I just have one more question regarding ... where's my note?

443
00:22:45,800 --> 00:22:48,800
 It talks about new signs in murals.

444
00:22:48,800 --> 00:22:54,560
 HLC, I think, at one time was involved in mural decision in that.

445
00:22:54,560 --> 00:22:58,040
 Is that going away and it would just be a council decision?

446
00:22:58,040 --> 00:23:03,680
 Within the district, murals will be going directly to the city council per their direction.

447
00:23:03,680 --> 00:23:05,680
 Very good.

448
00:23:05,680 --> 00:23:06,680
 Anybody else?

449
00:23:06,680 --> 00:23:07,680
 Commissioner Cole.

450
00:23:07,680 --> 00:23:08,680
 Thank you, Chair.

451
00:23:08,680 --> 00:23:15,040
 I was looking through ... I wonder if somebody wants to put a rooftop like LSA.

452
00:23:15,040 --> 00:23:19,520
 Is that addressed at all, or would that be a director?

453
00:23:19,520 --> 00:23:24,440
 That is a project that would definitely have to go to city council for them to assess that.

454
00:23:24,440 --> 00:23:25,440
 Yes.

455
00:23:25,440 --> 00:23:26,680
 Anybody else?

456
00:23:26,680 --> 00:23:32,200
 I think I've just ... Commissioner Pernado.

457
00:23:32,200 --> 00:23:35,160
 And just to kind of piggyback off of what Commissioner Cole was saying.

458
00:23:35,160 --> 00:23:42,880
 So if the maximum standard is three stories and they were to add a rooftop deck with,

459
00:23:42,880 --> 00:23:50,560
 say, a covering on that, would that technically be a fourth story then, or how would we break

460
00:23:50,560 --> 00:23:52,140
 that down?

461
00:23:52,140 --> 00:23:56,560
 It wouldn't be defined as a story, and again, then it would be really on the basis of really

462
00:23:56,560 --> 00:24:00,960
 what that site design is and what that facade is going to look like.

463
00:24:00,960 --> 00:24:05,320
 And I guess if I reference LSA, their roof is in the rear portion of that building, not

464
00:24:05,320 --> 00:24:07,280
 the front of the building.

465
00:24:07,280 --> 00:24:08,280
 Just as an example.

466
00:24:08,280 --> 00:24:09,280
 Okay.

467
00:24:09,280 --> 00:24:16,520
 Because I just wanted to say somebody had, on the top of the third story, grill in a

468
00:24:16,520 --> 00:24:21,760
 large pergola or something like that, I just wanted to verify what that would be considered.

469
00:24:21,760 --> 00:24:27,760
 And that's where the standards are very specific on the story, so story by definition versus

470
00:24:27,760 --> 00:24:32,280
 then where it is, does it meet the intent of what those design standards are for and

471
00:24:32,280 --> 00:24:37,240
 why it is that it goes before a body rather than just a person making that decision.

472
00:24:37,240 --> 00:24:41,840
 So council ultimately would look at that elevation and say whether that meets the intent of the

473
00:24:41,840 --> 00:24:42,840
 guidelines.

474
00:24:42,840 --> 00:24:46,400
 So we have guidelines and standards, and then both of those work synonymous to make sure

475
00:24:46,400 --> 00:24:49,960
 that we have a flexible document rather than being incredibly rigid.

476
00:24:49,960 --> 00:24:50,960
 Okay.

477
00:24:50,960 --> 00:24:57,960
 And then I guess, I don't know if my question, first of all, are you Richard or Scott, as

478
00:24:57,960 --> 00:24:58,960
 far as the process of this.

479
00:24:58,960 --> 00:25:05,400
 So this basically amends our current code and our new code, or the new adopted code

480
00:25:05,400 --> 00:25:09,200
 has to, are we going to have another amendment to that, or?

481
00:25:09,200 --> 00:25:10,640
 You would ask that question.

482
00:25:10,640 --> 00:25:11,880
 Yes, I would.

483
00:25:11,880 --> 00:25:18,760
 So it is designed in such a way, and it's numbered to integrate into our freshly adopted

484
00:25:18,760 --> 00:25:19,760
 code.

485
00:25:19,760 --> 00:25:20,760
 Okay.

486
00:25:20,760 --> 00:25:23,080
 If it's 19 DDC, this will walk right into it.

487
00:25:23,080 --> 00:25:24,080
 Excellent.

488
00:25:24,080 --> 00:25:29,160
 But because it is going to go in effect after passage, that it's got a numbering that's

489
00:25:29,160 --> 00:25:34,720
 a little bit different, so it's a standalone code, but it's designed to go, to integrate

490
00:25:34,720 --> 00:25:36,280
 immediately into the design.

491
00:25:36,280 --> 00:25:42,880
 So with a positive adoption from council, does that take care of current and new code?

492
00:25:42,880 --> 00:25:43,880
 Correct.

493
00:25:43,880 --> 00:25:44,880
 Yes.

494
00:25:44,880 --> 00:25:45,880
 Okay.

495
00:25:45,880 --> 00:25:46,880
 So we wouldn't need to have this discussion again, too?

496
00:25:46,880 --> 00:25:50,600
 Our legal staff ensured that that's the process that we needed to go to just have an individual

497
00:25:50,600 --> 00:25:51,600
 stand-alone code.

498
00:25:51,600 --> 00:25:52,600
 Okay.

499
00:25:52,600 --> 00:25:53,600
 Excellent.

500
00:25:53,600 --> 00:25:54,600
 Okay.

501
00:25:54,600 --> 00:25:55,600
 Commissioner Smith.

502
00:25:55,600 --> 00:25:57,880
 Thank you, Vice Chair.

503
00:25:57,880 --> 00:26:02,000
 On that, so you did say the numbering will make it where it fits into the codes.

504
00:26:02,000 --> 00:26:06,560
 I know that was an issue with why we needed the DDC update, was because there were code

505
00:26:06,560 --> 00:26:11,520
 and design standards and guidelines that were kind of spread across multiple different areas,

506
00:26:11,520 --> 00:26:15,760
 so just to clarify, you did say that it will be included in the DDC.

507
00:26:15,760 --> 00:26:17,520
 It's numbered correctly where it will fit into there.

508
00:26:17,520 --> 00:26:20,440
 It's where they could pick up the book and they could find it and hear it correctly.

509
00:26:20,440 --> 00:26:26,720
 We had all hopes, as Sean had indicated, council had this as a priority for us to get completed.

510
00:26:26,720 --> 00:26:29,800
 It was important for us to get to all the stakeholder groups and to get to the citizens

511
00:26:29,800 --> 00:26:33,960
 and visitors, just so we had a good understanding of really all those stakeholders.

512
00:26:33,960 --> 00:26:40,440
 And in doing that, prior to the adoption of the DDC, we intended on having that come before

513
00:26:40,440 --> 00:26:46,640
 this body and city council to be adopted so it would be printed in that draft version

514
00:26:46,640 --> 00:26:48,260
 that was approved.

515
00:26:48,260 --> 00:26:53,120
 We didn't make that date, but all of the numbering and all of the references go specifically

516
00:26:53,120 --> 00:26:56,360
 to where it is that they would fit, so there's no conflict.

517
00:26:56,360 --> 00:26:59,560
 So we have a clean code once again instead of adding something.

518
00:26:59,560 --> 00:27:04,320
 So there's not going to be a developer that needs to go reference another piece of code

519
00:27:04,320 --> 00:27:05,320
 somewhere else?

520
00:27:05,320 --> 00:27:06,320
 No.

521
00:27:06,320 --> 00:27:07,320
 So they're looking to develop downstairs?

522
00:27:07,320 --> 00:27:08,320
 No.

523
00:27:08,320 --> 00:27:09,320
 Downtown.

524
00:27:09,320 --> 00:27:10,320
 Geez, what's wrong with me today?

525
00:27:10,320 --> 00:27:11,320
 Thank you.

526
00:27:11,320 --> 00:27:12,320
 Appreciate it.

527
00:27:12,320 --> 00:27:13,320
 You bet.

528
00:27:13,320 --> 00:27:14,320
 Okay.

529
00:27:14,320 --> 00:27:15,320
 I don't see any other questions.

530
00:27:15,320 --> 00:27:16,320
 Thanks, ma'am.

531
00:27:16,320 --> 00:27:17,320
 Nice job, Sean.

532
00:27:17,320 --> 00:27:21,000
 Yeah, if I could actually speak to that last point, one of the things that we actually

533
00:27:21,000 --> 00:27:28,680
 discussed is this ordinance is not in final form yet, and one of the things that we discussed

534
00:27:28,680 --> 00:27:34,640
 is it might be possible to put a section in there that authorizes us to get with the codifier

535
00:27:34,640 --> 00:27:44,600
 to implement this into the new DDC as a clerical issue rather than as a substantive change.

536
00:27:44,600 --> 00:27:45,600
 That'd be preferable.

537
00:27:45,600 --> 00:27:46,600
 Thank you.

538
00:27:46,600 --> 00:27:47,600
 Okay.

539
00:27:47,600 --> 00:27:48,600
 Okay.

540
00:27:48,600 --> 00:27:54,920
 With that, we will move into our many public hearings.

541
00:27:54,920 --> 00:27:59,160
 Do we want -- did you have a plan as Ron just presenting everything?

542
00:27:59,160 --> 00:28:00,160
 Yep.

543
00:28:00,160 --> 00:28:01,160
 He was going to start with --

544
00:28:01,160 --> 00:28:02,160
 Okay.

545
00:28:02,160 --> 00:28:03,160
 Okay.

546
00:28:03,160 --> 00:28:04,160
 Do you want to go ahead and do aye out of order?

547
00:28:04,160 --> 00:28:05,160
 Okay.

548
00:28:05,160 --> 00:28:06,160
 And --

549
00:28:06,160 --> 00:28:07,160
 Yes.

550
00:28:07,160 --> 00:28:08,160
 Jerry, do you want to remain for a work session on that or not?

551
00:28:08,160 --> 00:28:13,520
 If you're just speaking in general terms, then I probably could, but if you're speaking

552
00:28:13,520 --> 00:28:14,520
 to --

553
00:28:14,520 --> 00:28:19,680
 Yeah, I can speak in general, and if it gets to a point where, you know, the discussion

554
00:28:19,680 --> 00:28:21,920
 changes, then we certainly can take that.

555
00:28:21,920 --> 00:28:22,920
 Sure.

556
00:28:22,920 --> 00:28:26,400
 Good afternoon, Madam Chair, members of the commission, Ron McGee with Development Services.

557
00:28:26,400 --> 00:28:27,680
 Excited to be here.

558
00:28:27,680 --> 00:28:31,640
 We've been working on this for several weeks or probably months.

559
00:28:31,640 --> 00:28:35,200
 It was -- you know, when I say we, it's been staff.

560
00:28:35,200 --> 00:28:40,240
 We've been meeting every other day looking at areas within the city that we feel should

561
00:28:40,240 --> 00:28:44,800
 be part of our city initiated rezoning proposals.

562
00:28:44,800 --> 00:28:51,240
 We've taken a lot of input from you, from the council, from the citizens, general public,

563
00:28:51,240 --> 00:28:54,360
 of course, and the DCRC.

564
00:28:54,360 --> 00:28:58,000
 We've been talking about this, again, for several times.

565
00:28:58,000 --> 00:29:05,280
 So with that, I'm going to go into our schedule, and I just want to share this with the commission

566
00:29:05,280 --> 00:29:10,680
 because we have a lot coming up, and I want to make sure that we are all on the same page.

567
00:29:10,680 --> 00:29:15,240
 Our first group is what I'm calling it is today, March 29th.

568
00:29:15,240 --> 00:29:18,840
 That will be then going to city council on June 11th.

569
00:29:18,840 --> 00:29:25,560
 That is the area along I-35E between the southern city limits up to generally Fort Worth Drive.

570
00:29:25,560 --> 00:29:29,560
 And then, you know, the second group would be from there all the way up through the northern

571
00:29:29,560 --> 00:29:38,640
 city limits, part of 380 or 380, the loop in that general corridors, those general corridors.

572
00:29:38,640 --> 00:29:46,360
 And then our last area would be Teasley, 377, parts of them, as well as the area within

573
00:29:46,360 --> 00:29:47,760
 the core of the city.

574
00:29:47,760 --> 00:29:53,400
 So we've got a lot ahead of us, and again, this will be our first one, and hopefully

575
00:29:53,400 --> 00:29:54,400
 it goes smoothly.

576
00:29:54,400 --> 00:29:58,920
 If, you know, if there's things that we can improve, we're certainly going to notice those

577
00:29:58,920 --> 00:30:06,320
 and imply or apply those to the ones that will be coming in the future.

578
00:30:06,320 --> 00:30:10,960
 So how do we start analyzing and evaluating which area?

579
00:30:10,960 --> 00:30:14,840
 So obviously we started with the transition chart because that's what we have today.

580
00:30:14,840 --> 00:30:17,720
 That was adopted on April 23rd.

581
00:30:17,720 --> 00:30:23,200
 Looking at the transition chart, we've actually mapped the areas, and you've seen those maps.

582
00:30:23,200 --> 00:30:30,160
 Using that, also looking at existing uses, where they are, obviously we focus on I-35

583
00:30:30,160 --> 00:30:35,240
 because that's generally some of the existing uses there was brought to our attention and

584
00:30:35,240 --> 00:30:41,040
 wanted to address those nonconforming uses as soon as possible.

585
00:30:41,040 --> 00:30:47,400
 Of course, nonconforming uses we want to eliminate or limit as much as we can, while protecting

586
00:30:47,400 --> 00:30:50,280
 existing neighborhoods throughout the city.

587
00:30:50,280 --> 00:30:55,400
 Again, we looked at corridors, and that's what's been our main focus, again, I-35, 380,

588
00:30:55,400 --> 00:31:01,640
 the loop, any other specific study areas or special study areas that we were looking at.

589
00:31:01,640 --> 00:31:06,840
 Through public comments, looking at the future land use map, the future, I'm sorry, the land

590
00:31:06,840 --> 00:31:12,800
 use element, and then if there's certain areas that draw certain things that fit more with

591
00:31:12,800 --> 00:31:19,360
 the future or the land use designations that we have or the zoning districts that we have,

592
00:31:19,360 --> 00:31:25,160
 we identified those areas and again, wanted to bring that forward.

593
00:31:25,160 --> 00:31:28,640
 So our group one is the area that you see here.

594
00:31:28,640 --> 00:31:36,080
 It starts on the southern city limits, where our bill, other forward dealership is located,

595
00:31:36,080 --> 00:31:39,120
 and we made our way up, all the way up to Fort Worth Drive.

596
00:31:39,120 --> 00:31:42,160
 We try to stay within the highway corridor.

597
00:31:42,160 --> 00:31:47,720
 We kind of touch a little bit just north or south of it, not extending more than what

598
00:31:47,720 --> 00:31:48,720
 we needed to.

599
00:31:48,720 --> 00:31:50,680
 We've been focusing on the corridor.

600
00:31:50,680 --> 00:31:59,600
 We have 24 identified, however, we are pulling one item of this area, and that is area 9

601
00:31:59,600 --> 00:32:02,280
 because of a notice issue.

602
00:32:02,280 --> 00:32:08,040
 So we'll bring that forward, excuse me, we will be bringing that forward on the next

603
00:32:08,040 --> 00:32:10,280
 go-around, which is June 26.

604
00:32:10,280 --> 00:32:17,280
 Otherwise, we are going to discuss this set of areas here in the work session.

605
00:32:17,280 --> 00:32:24,840
 Again, you can see from the map, it's primarily HC along the corridor from 1 all the way through

606
00:32:24,840 --> 00:32:25,840
 24.

607
00:32:25,840 --> 00:32:30,200
 Now, there are pockets that are not HC, but again, those are areas that we felt would

608
00:32:30,200 --> 00:32:35,880
 benefit from us taking it as a city-initiated rezoning as part of this effort.

609
00:32:35,880 --> 00:32:39,640
 Does anybody have any questions to this point?

610
00:32:39,640 --> 00:32:41,560
 Okay.

611
00:32:41,560 --> 00:32:47,600
 So here's the next slides, and there's several.

612
00:32:47,600 --> 00:32:55,680
 I've started looking at this as a presentation, and in the end, it just made more sense that

613
00:32:55,680 --> 00:33:00,520
 we went through each area by themselves rather than a whole, because they're all different.

614
00:33:00,520 --> 00:33:02,400
 They're all in different areas.

615
00:33:02,400 --> 00:33:04,780
 They all have different existing uses.

616
00:33:04,780 --> 00:33:07,980
 They all have different zoning districts to a certain degree.

617
00:33:07,980 --> 00:33:11,160
 So I've prepared two slides for each area.

618
00:33:11,160 --> 00:33:16,480
 We can go through those right now, or we can go through them at the public hearing, just

619
00:33:16,480 --> 00:33:20,800
 to what your preference is, commission.

620
00:33:20,800 --> 00:33:25,360
 That's up to you.

621
00:33:25,360 --> 00:33:28,480
 I would think you're going to do them in the regular meeting, correct?

622
00:33:28,480 --> 00:33:29,480
 Yes.

623
00:33:29,480 --> 00:33:30,480
 For sure.

624
00:33:30,480 --> 00:33:31,480
 Okay.

625
00:33:31,480 --> 00:33:32,900
 I think it's just a great opportunity.

626
00:33:32,900 --> 00:33:40,720
 This is probably one of the simpler ones for us, and it's a lot of properties.

627
00:33:40,720 --> 00:33:46,240
 So if we need to kind of expand on something, I think it's a little simpler to do here,

628
00:33:46,240 --> 00:33:48,680
 knowing that these will be coming forward.

629
00:33:48,680 --> 00:33:55,720
 As Ron indicated, staff has put an immense amount of time in walking through this, probably

630
00:33:55,720 --> 00:34:02,520
 challenging decisions from when we start with Area 1 to the time we got to Area 24, and

631
00:34:02,520 --> 00:34:06,600
 come back to Area 1, there was a whole other thought process, because we've already forgotten

632
00:34:06,600 --> 00:34:09,720
 what we had talked about because of so many properties.

633
00:34:09,720 --> 00:34:15,360
 So it's just really important, I think, rather than trying not, in the public hearing, to

634
00:34:15,360 --> 00:34:20,360
 be asking questions or causing confusion, is that if we can vet as much of that out

635
00:34:20,360 --> 00:34:23,720
 as we can in work session, I think it's very useful.

636
00:34:23,720 --> 00:34:27,520
 I don't know what we'll anticipate for having from the public.

637
00:34:27,520 --> 00:34:32,000
 We spoke with the property owners to make sure that they understood what we were doing

638
00:34:32,000 --> 00:34:34,640
 and the benefit.

639
00:34:34,640 --> 00:34:40,480
 And truly, the greatest number, well, all of these, really, are to mimic what's on

640
00:34:40,480 --> 00:34:48,000
 the ground, to eliminate nonconformities, and really in the ease of use and recognizing

641
00:34:48,000 --> 00:34:52,200
 that our corridors are our primary focus of what we're looking at and trying to do the

642
00:34:52,200 --> 00:34:53,200
 best thing.

643
00:34:53,200 --> 00:34:57,840
 So I just certainly encourage anything that you might have as a question in the overall

644
00:34:57,840 --> 00:35:01,840
 process or specific to these properties that we try to nail that down as much as we can

645
00:35:01,840 --> 00:35:06,260
 so that we afford that time for the public to be able to speak and certainly try not

646
00:35:06,260 --> 00:35:09,080
 to confuse them.

647
00:35:09,080 --> 00:35:10,080
 Thank you.

648
00:35:10,080 --> 00:35:11,080
 Commissioner Beck.

649
00:35:11,080 --> 00:35:12,080
 Thank you, Master.

650
00:35:12,080 --> 00:35:18,440
 I was discussing with Ron earlier on area one, there was that parcel directly to the

651
00:35:18,440 --> 00:35:19,440
 east.

652
00:35:19,440 --> 00:35:22,760
 Why we didn't add that to that, and I think you said Richard was going to explain that.

653
00:35:22,760 --> 00:35:26,440
 Is this a good time to bring that up now?

654
00:35:26,440 --> 00:35:27,440
 Yeah.

655
00:35:27,440 --> 00:35:36,000
 Larry, if I can get to there and then we can bring up the map.

656
00:35:36,000 --> 00:35:43,160
 I have arranged the slides to go straight to area eight, because that was our schedule.

657
00:35:43,160 --> 00:35:48,240
 If the commission would like, I can go to area one, make our way through, and have area

658
00:35:48,240 --> 00:35:53,000
 eight as the last one, and then, Jerry, then if you want to recuse yourself at the end,

659
00:35:53,000 --> 00:35:54,680
 that might be the way to do it.

660
00:35:54,680 --> 00:35:57,840
 We can start with area one, is what I'm saying.

661
00:35:57,840 --> 00:35:58,840
 You mean in work session?

662
00:35:58,840 --> 00:35:59,840
 In work session.

663
00:35:59,840 --> 00:36:00,840
 Okay.

664
00:36:00,840 --> 00:36:01,840
 Yes.

665
00:36:01,840 --> 00:36:04,680
 Because we are actually going to start with area eight at the meeting.

666
00:36:04,680 --> 00:36:07,800
 I would say why don't we stick with eight so as not to ...

667
00:36:07,800 --> 00:36:08,800
 Okay.

668
00:36:08,800 --> 00:36:09,800
 Is that okay?

669
00:36:09,800 --> 00:36:10,800
 Is that okay?

670
00:36:10,800 --> 00:36:11,800
 Jerry.

671
00:36:11,800 --> 00:36:12,800
 That's your cue.

672
00:36:12,800 --> 00:36:13,800
 Yeah.

673
00:36:13,800 --> 00:36:14,800
 Let's do that.

674
00:36:14,800 --> 00:36:15,800
 To me, that makes more sense.

675
00:36:15,800 --> 00:36:16,800
 Okay.

676
00:36:16,800 --> 00:36:17,800
 Perfect.

677
00:36:17,800 --> 00:36:18,800
 I just wanted to see what was best.

678
00:36:18,800 --> 00:36:19,800
 Thank you.

679
00:36:19,800 --> 00:36:20,800
 Okay.

680
00:36:20,800 --> 00:36:27,240
 As you can see here, it is in this general area, just southeast corner of Lillian Miller

681
00:36:27,240 --> 00:36:28,240
 in I-35.

682
00:36:28,240 --> 00:36:33,120
 It is the Southridge Village Shopping Center.

683
00:36:33,120 --> 00:36:40,920
 It is being proposed to go from RCR2 to HC, Highway Corridor, approximately 18.5 acres,

684
00:36:40,920 --> 00:36:44,760
 contains about eight parcels, and you can see in the bottom bullet there, those are

685
00:36:44,760 --> 00:36:46,800
 the existing uses.

686
00:36:46,800 --> 00:36:49,560
 There is a gas station, Chevron.

687
00:36:49,560 --> 00:36:53,840
 There is a number of restaurants within that shopping center.

688
00:36:53,840 --> 00:37:01,240
 The main shopping center also includes a trampoline place as well as the Goodwill store, so a

689
00:37:01,240 --> 00:37:06,360
 number of different uses within this particular area.

690
00:37:06,360 --> 00:37:11,560
 What's being proposed, again, is HC, and as you can see, the area eight here is outlined

691
00:37:11,560 --> 00:37:13,240
 in this red.

692
00:37:13,240 --> 00:37:17,120
 That will be the zoning if it is to pass.

693
00:37:17,120 --> 00:37:20,640
 Changing the zoning to HC will not change the status of those areas.

694
00:37:20,640 --> 00:37:29,600
 Those areas are normally the same as far as uses permitted, so either on the MN, which

695
00:37:29,600 --> 00:37:34,840
 is what it would transition to.

696
00:37:34,840 --> 00:37:38,200
 What we're proposing is HC, nothing is going to change as far as the uses.

697
00:37:38,200 --> 00:37:42,840
 They would still remain conforming, is what I'm trying to say.

698
00:37:42,840 --> 00:37:48,720
 No public hearing notices were received regarding this particular area.

699
00:37:48,720 --> 00:37:49,720
 Any questions?

700
00:37:49,720 --> 00:37:50,720
 No.

701
00:37:50,720 --> 00:37:51,720
 Okay.

702
00:37:51,720 --> 00:37:52,720
 Okay.

703
00:37:52,720 --> 00:37:57,200
 Let me let Jerry back in.

704
00:37:57,200 --> 00:38:01,840
 In regular session, we would consider it and make a motion, and then, of course, then the

705
00:38:01,840 --> 00:38:04,760
 next rest of it would be the-

706
00:38:04,760 --> 00:38:05,760
 The group.

707
00:38:05,760 --> 00:38:06,760
 The group.

708
00:38:06,760 --> 00:38:07,760
 The group.

709
00:38:07,760 --> 00:38:08,760
 Discussion.

710
00:38:08,760 --> 00:38:09,760
 Right.

711
00:38:09,760 --> 00:38:10,760
 Does that make sense?

712
00:38:10,760 --> 00:38:17,000
 We're going to move on this one separately, since Jerry has to leave for this item, we'll

713
00:38:17,000 --> 00:38:22,280
 bring it up, open public hearing, close the public hearing, discuss it, vote on it, and

714
00:38:22,280 --> 00:38:25,000
 then move in, and then we'll do the rest of them as a group.

715
00:38:25,000 --> 00:38:26,000
 Okay.

716
00:38:26,000 --> 00:38:30,800
 Except for area nine, I think, with that one that was postponed, right?

717
00:38:30,800 --> 00:38:32,080
 The one that's being postponed?

718
00:38:32,080 --> 00:38:33,080
 Right.

719
00:38:33,080 --> 00:38:34,080
 Yes.

720
00:38:34,080 --> 00:38:35,080
 Correct.

721
00:38:35,080 --> 00:38:36,080
 Okay.

722
00:38:36,080 --> 00:38:44,600
 So, just a parcel, one parcel, that is, 1.88, generally located right there on Lakeview

723
00:38:44,600 --> 00:38:50,480
 and Shadyshore, southeast corner, as you can see in this outline aerial.

724
00:38:50,480 --> 00:38:54,000
 The property is owned by Bill Utterford.

725
00:38:54,000 --> 00:38:59,700
 There actually is a piece of it being used as a parking lot for the dealership.

726
00:38:59,700 --> 00:39:04,160
 That area that is outlined in yellow is in the city of Denton.

727
00:39:04,160 --> 00:39:08,800
 The area south of that area is in the city of Corinth.

728
00:39:08,800 --> 00:39:16,520
 The proposed zoning is to go from RCR 1 to HC, Highway Corridor.

729
00:39:16,520 --> 00:39:21,480
 Looking at the proposed zoning map, it is this small parcel to the far bottom here,

730
00:39:21,480 --> 00:39:28,600
 and you can see that all of the area close to I-35 is being proposed as HC, so we're

731
00:39:28,600 --> 00:39:35,760
 talking about this small area here, again, 1.8 acres and 1.9 acres.

732
00:39:35,760 --> 00:39:43,200
 Proximity is close to I-35, again, Bill Utterford, part of that dealership is this parcel, makes

733
00:39:43,200 --> 00:39:53,000
 sense that be part of the zoning that allows for automotive sales and leasing, and by going

734
00:39:53,000 --> 00:39:59,280
 to HC, it would actually make it conforming, because right now it is not allowed under

735
00:39:59,280 --> 00:40:07,720
 the RCR 1, the zoning district, so going to HC would make the auto sales and leasing use

736
00:40:07,720 --> 00:40:15,840
 a conforming use for this site, for this area, and we have not received any notices for this

737
00:40:15,840 --> 00:40:20,520
 proposal.

738
00:40:20,520 --> 00:40:23,960
 You had a question, I apologize, regarding the parcel to the--

739
00:40:23,960 --> 00:40:25,320
 Yes, and you answered it.

740
00:40:25,320 --> 00:40:31,240
 We're not extending that to make it look even and not having to worry about dealing in the

741
00:40:31,240 --> 00:40:34,040
 future, because that's not the city of Denton, it's the city of Corinth.

742
00:40:34,040 --> 00:40:38,560
 Well, I'm sorry, maybe I misspoke, but this area right here is part of the city of Denton,

743
00:40:38,560 --> 00:40:43,080
 this piece right here, but everything south of that is in the city of Corinth, and this

744
00:40:43,080 --> 00:40:48,560
 area, we didn't include it, because I believe the ownership may be different than it's not

745
00:40:48,560 --> 00:40:52,500
 part of the dealership, and so we were just trying to address the nonconformity.

746
00:40:52,500 --> 00:40:57,880
 It's one long parcel, so part of the northern end is in Denton and the southern end is--

747
00:40:57,880 --> 00:40:58,880
 Correct.

748
00:40:58,880 --> 00:40:59,880
 Yes, yes.

749
00:40:59,880 --> 00:41:02,160
 Don't ask me how that happened.

750
00:41:02,160 --> 00:41:06,200
 But again, we wanted to address the nonconformity, and the reason why we chose this area is because

751
00:41:06,200 --> 00:41:09,280
 part of it is being used as a dealership.

752
00:41:09,280 --> 00:41:12,440
 Great, thank you.

753
00:41:12,440 --> 00:41:20,320
 Area two, going north of that particular area, just on the southeast corner of Parker's Page

754
00:41:20,320 --> 00:41:28,640
 and I-35, it is being proposed to go from RCCD to HC, Highway Corridor, again.

755
00:41:28,640 --> 00:41:31,720
 It's approximately 35.61 acres.

756
00:41:31,720 --> 00:41:36,040
 There are seven parcels there, and there's a number of uses existing, including United

757
00:41:36,040 --> 00:41:42,800
 Rental, Explorer, USA RV, Supercenter, the Eckerd-Honday dealership, as well as the Classic

758
00:41:42,800 --> 00:41:52,680
 pre-owned dealership, and as similar to the other one, changing the zoning from RCCD to

759
00:41:52,680 --> 00:41:58,960
 HC would make those automotive sales and leasing use conforming.

760
00:41:58,960 --> 00:42:04,680
 So again, looking at that, and to be honest, along the highway, that's where the dealerships

761
00:42:04,680 --> 00:42:11,120
 are proposed or are currently existing, but if we were to propose new, it would most likely

762
00:42:11,120 --> 00:42:17,120
 be along I-35, and that's where we're trying to identify some areas and making it consistent

763
00:42:17,120 --> 00:42:23,600
 in that it is HC, again, which is part of our proposal.

764
00:42:23,600 --> 00:42:26,160
 As far as the other uses, it would not change those other uses.

765
00:42:26,160 --> 00:42:31,320
 They would still remain conforming with the HC.

766
00:42:31,320 --> 00:42:35,360
 Uses were received for this particular property as well, or this area.

767
00:42:35,360 --> 00:42:36,360
 Questions?

768
00:42:36,360 --> 00:42:37,360
 Okay.

769
00:42:37,360 --> 00:42:48,560
 Area three, it is, again, across the highway on I-35, it is the area that's where James

770
00:42:48,560 --> 00:42:54,720
 Wood, his dealership or their dealership, a number of, obviously, mixed models.

771
00:42:54,720 --> 00:42:58,200
 Honda of Den and Toyo Den is in this area.

772
00:42:58,200 --> 00:42:59,200
 It's a larger area.

773
00:42:59,200 --> 00:43:06,960
 It's about 74 acres, again, generally located on I-35, the southeast corner of the I-35

774
00:43:06,960 --> 00:43:09,540
 and State School.

775
00:43:09,540 --> 00:43:10,540
 Let's see here.

776
00:43:10,540 --> 00:43:14,440
 RCCD to HC, similar discussion as we had earlier.

777
00:43:14,440 --> 00:43:19,240
 Going to HC would make those dealerships conforming.

778
00:43:19,240 --> 00:43:25,960
 Again, with the RCCD, it's not currently permitted, but by going to HC would, and then if there

779
00:43:25,960 --> 00:43:30,600
 are any other uses, there was one use, I believe it was a medical office, and that would not

780
00:43:30,600 --> 00:43:36,340
 change its status if it were to go to HC, so it would still remain conforming.

781
00:43:36,340 --> 00:43:42,320
 We did receive two responses in favor of this particular area, and it came from James Wood,

782
00:43:42,320 --> 00:43:47,920
 and I provided that to y'all earlier this afternoon.

783
00:43:47,920 --> 00:43:52,560
 I'm just going to go unless there's a question, and we'll just move on, okay?

784
00:43:52,560 --> 00:43:59,840
 Area four, it is an area that is occupied by Eckerd Hyundai Pre-Owned dealership, and

785
00:43:59,840 --> 00:44:04,240
 when you see the proposed zoning map, you'll see why we're proposing a change here from

786
00:44:04,240 --> 00:44:06,880
 RCR1 to MR.

787
00:44:06,880 --> 00:44:07,880
 It's a smaller lot.

788
00:44:07,880 --> 00:44:15,360
 It's about .88 acres, and the reason why we're choosing to go to MR is that the area surrounding

789
00:44:15,360 --> 00:44:19,160
 it, almost on all four sides, is MR.

790
00:44:19,160 --> 00:44:23,920
 So it is currently transitioned to MN.

791
00:44:23,920 --> 00:44:28,360
 What we're trying to do is make it consistent with the environment, with the area, and the

792
00:44:28,360 --> 00:44:30,560
 zoning surrounding it.

793
00:44:30,560 --> 00:44:39,480
 Again, MR would still allow for the dealership, and it would just make sense that this is

794
00:44:39,480 --> 00:44:41,240
 MR.

795
00:44:41,240 --> 00:44:44,000
 No responses were received.

796
00:44:44,000 --> 00:44:50,440
 Area five, we're, again, making our way up I-35.

797
00:44:50,440 --> 00:44:58,560
 This area is where, just north of the Unicorn Lake multi-family, or mixed-use development,

798
00:44:58,560 --> 00:45:04,520
 it's got the restaurants along I-35, Chewie's, Bone Daddy's, and BJ's.

799
00:45:04,520 --> 00:45:13,480
 It also has a flooring company and a gymnastics center, as well as Jostin's main buildings.

800
00:45:13,480 --> 00:45:18,920
 We are proposing for this to go to HC, from RCR1 to RCCD.

801
00:45:18,920 --> 00:45:21,440
 Now, there is one correction here.

802
00:45:21,440 --> 00:45:28,200
 We are not including this piece that is outlined in red, dash red, that is.

803
00:45:28,200 --> 00:45:33,680
 That is actually part of a PD, and we did receive a notice or response from the property

804
00:45:33,680 --> 00:45:38,160
 owner, and they've asked that they not be part of the zoning change to HC and just remain

805
00:45:38,160 --> 00:45:39,160
 as PD.

806
00:45:39,160 --> 00:45:46,360
 So, that is one correction that has been made and will be part of the presentation to City

807
00:45:46,360 --> 00:45:50,520
 Council and ultimately to, as part of the ordinance, that is.

808
00:45:50,520 --> 00:45:55,040
 So Ron, that's just changing area five as it was first presented?

809
00:45:55,040 --> 00:45:56,040
 Correct.

810
00:45:56,040 --> 00:45:57,760
 It's just going to change the boundaries of area five?

811
00:45:57,760 --> 00:45:58,760
 Right.

812
00:45:58,760 --> 00:46:03,520
 We'll just cut this parcel off, or we'll just not make it a part of the ordinance, or consideration

813
00:46:03,520 --> 00:46:05,560
 moving forward.

814
00:46:05,560 --> 00:46:09,600
 Commissioner Beck?

815
00:46:09,600 --> 00:46:10,600
 Thank you, Vice Chair.

816
00:46:10,600 --> 00:46:12,600
 What's currently on this property?

817
00:46:12,600 --> 00:46:13,600
 It's vacant.

818
00:46:13,600 --> 00:46:14,600
 There's nothing there.

819
00:46:14,600 --> 00:46:21,680
 It's a pad site in front of Buc-E's along I-35.

820
00:46:21,680 --> 00:46:24,840
 Okay, thanks.

821
00:46:24,840 --> 00:46:32,880
 Changing the use of the zoning to HC will change some of the zoning, the use in particular

822
00:46:32,880 --> 00:46:35,760
 the materials and supply store.

823
00:46:35,760 --> 00:46:41,280
 It is not permitted in its current zoning district as per the transition chart, but

824
00:46:41,280 --> 00:46:44,320
 changing it to HC will make it conforming.

825
00:46:44,320 --> 00:46:46,480
 All the other uses will not change.

826
00:46:46,480 --> 00:46:52,000
 They would all be permitted under the HC, and again, no public hearing notices responses

827
00:46:52,000 --> 00:46:58,120
 were received.

828
00:46:58,120 --> 00:47:03,500
 Area six, it's another area that we looked at.

829
00:47:03,500 --> 00:47:05,960
 It is in the Unicorn Lake development.

830
00:47:05,960 --> 00:47:09,000
 It's about 7.3 acres.

831
00:47:09,000 --> 00:47:11,520
 It is the shoreline apartments.

832
00:47:11,520 --> 00:47:17,400
 Its transition zoning is to our, I'm sorry, it is currently RCR2, which will transition

833
00:47:17,400 --> 00:47:18,400
 to an MN.

834
00:47:18,400 --> 00:47:25,040
 However, if you look at the proposed or the zoning area, and it's identified here in this

835
00:47:25,040 --> 00:47:31,240
 weird looking shape, and you can see surrounding it on all four sides is MR.

836
00:47:31,240 --> 00:47:41,560
 So staff is proposing that that area, or that area six be re-zoned, that is, to MR as well.

837
00:47:41,560 --> 00:47:45,640
 The MR would make it consistent with the surrounding area.

838
00:47:45,640 --> 00:47:49,120
 It will not change the use as far as being conforming or non-conforming, it would still

839
00:47:49,120 --> 00:47:55,400
 remain conforming, and again, just to be consistent with the area's zoning district.

840
00:47:55,400 --> 00:47:59,920
 And no public hearing notices were received.

841
00:47:59,920 --> 00:48:05,480
 Area seven, another area that is along I-35 that we looked at.

842
00:48:05,480 --> 00:48:07,560
 It's about 30 acres.

843
00:48:07,560 --> 00:48:16,120
 You can see here, generally, between the loop and Brinker Road, it is currently the ridge

844
00:48:16,120 --> 00:48:20,360
 at North Texas apartments, as well as Pace Crossing.

845
00:48:20,360 --> 00:48:21,480
 There's two parcels there.

846
00:48:21,480 --> 00:48:26,560
 I believe this is Pace, and this is the ridge at North Texas.

847
00:48:26,560 --> 00:48:29,040
 What we are proposing is to go to MR.

848
00:48:29,040 --> 00:48:35,280
 Again, this is the area right here that we are talking about.

849
00:48:35,280 --> 00:48:41,720
 Pretty much surrounded by MR on all, basically on all three sides, and then I-35 along the

850
00:48:41,720 --> 00:48:43,000
 front of it.

851
00:48:43,000 --> 00:48:53,840
 So staff is recommending MR and has not received any responses from the public hearing notice.

852
00:48:53,840 --> 00:48:56,360
 Area nine is the area that we are going to postpone.

853
00:48:56,360 --> 00:49:00,800
 I just wanted to just have it here in case so that we are reminded that it will be part

854
00:49:00,800 --> 00:49:04,560
 of the June 26th public hearing.

855
00:49:04,560 --> 00:49:06,280
 Area 10, we're moving north.

856
00:49:06,280 --> 00:49:11,200
 We're now on Dallas Drive, between Dallas Drive and I-35.

857
00:49:11,200 --> 00:49:19,360
 Area 10 is currently zone ECC and would transition to LI.

858
00:49:19,360 --> 00:49:23,600
 We are proposing, staff is proposing as part of the city initiated zoning change to suburban

859
00:49:23,600 --> 00:49:24,600
 corridor.

860
00:49:24,600 --> 00:49:32,440
 Dallas Drive is a corridor, and the parcels that are here and that are included as far

861
00:49:32,440 --> 00:49:35,840
 as uses are listed here won't list them all.

862
00:49:35,840 --> 00:49:43,520
 All of those parcels in this pink area, again, is what we're talking about.

863
00:49:43,520 --> 00:49:51,920
 All front or have access along Dallas Drive and it is all commercial related instead of

864
00:49:51,920 --> 00:49:59,080
 the employment or LI zoning district that is currently part of the transition chart.

865
00:49:59,080 --> 00:50:04,080
 So again, the area that we're talking about is this pink area here.

866
00:50:04,080 --> 00:50:09,600
 All access is I-35, I'm sorry, Dallas Drive and that is why we chose suburban corridor

867
00:50:09,600 --> 00:50:12,120
 for this area.

868
00:50:12,120 --> 00:50:13,120
 Commissioner Beck.

869
00:50:13,120 --> 00:50:14,120
 Thank you, Vice Chair.

870
00:50:14,120 --> 00:50:18,760
 The area that extends to I-35 touches Dallas Drive and comes in there.

871
00:50:18,760 --> 00:50:19,760
 Okay.

872
00:50:19,760 --> 00:50:20,760
 That's one parcel obviously.

873
00:50:20,760 --> 00:50:21,760
 Yes.

874
00:50:21,760 --> 00:50:22,760
 Okay.

875
00:50:22,760 --> 00:50:25,960
 Down the road, if this isn't, well, what's in there currently?

876
00:50:25,960 --> 00:50:28,080
 I believe it's part of the apartments.

877
00:50:28,080 --> 00:50:29,080
 Apartments?

878
00:50:29,080 --> 00:50:30,080
 Yes.

879
00:50:30,080 --> 00:50:31,080
 Okay.

880
00:50:31,080 --> 00:50:34,480
 So I think down the road could be sold and divided, but probably not because of what's

881
00:50:34,480 --> 00:50:35,480
 there.

882
00:50:35,480 --> 00:50:36,480
 Yeah.

883
00:50:36,480 --> 00:50:37,480
 It may be a possibility.

884
00:50:37,480 --> 00:50:41,520
 It could be that it could be subdivided, but probably not because it is existing in some

885
00:50:41,520 --> 00:50:43,560
 multifamily development now.

886
00:50:43,560 --> 00:50:44,560
 And I agree.

887
00:50:44,560 --> 00:50:45,560
 Probably not.

888
00:50:45,560 --> 00:50:51,480
 But say we ran into a situation like that where something could be divided later.

889
00:50:51,480 --> 00:50:53,480
 They could come and ask for a rezoning of HR.

890
00:50:53,480 --> 00:50:54,480
 Certainly can.

891
00:50:54,480 --> 00:50:55,480
 Yes.

892
00:50:55,480 --> 00:50:56,480
 Yes.

893
00:50:56,480 --> 00:50:57,480
 That's where I was going with that.

894
00:50:57,480 --> 00:50:58,480
 Thank you.

895
00:50:58,480 --> 00:50:59,480
 So that's area 10.

896
00:50:59,480 --> 00:51:11,440
 We did receive one notice in response, again, in favor for this zoning change to SC.

897
00:51:11,440 --> 00:51:14,160
 In the general same area, we have area 11.

898
00:51:14,160 --> 00:51:21,560
 Now, area 11, we chose to go to Highway Corridor primarily because it is fronting I-35 and

899
00:51:21,560 --> 00:51:24,880
 the access is off I-35.

900
00:51:24,880 --> 00:51:32,600
 It's about 3.5 acres, Wells Fargo, and the Hooters Restaurant is in this area.

901
00:51:32,600 --> 00:51:37,560
 And you can see, again, this is the area we're talking about, area 11, again, primarily because

902
00:51:37,560 --> 00:51:47,360
 the frontage is on I-35, makes sense that this goes to HC and no responses were received.

903
00:51:47,360 --> 00:51:50,520
 Area 12, generally in the same area.

904
00:51:50,520 --> 00:51:55,080
 Again, and let me go back a little bit so I can explain.

905
00:51:55,080 --> 00:52:00,320
 The reason why we chose to keep these as different areas, and I know they're in the same general

906
00:52:00,320 --> 00:52:06,800
 vicinity, but we have multiple zoning here proposed and we want to make it as clear as

907
00:52:06,800 --> 00:52:07,800
 possible.

908
00:52:07,800 --> 00:52:12,200
 So I apologize if I'm repeating a lot of what I've already said about another area.

909
00:52:12,200 --> 00:52:19,520
 But if you look at this area, this is how we see it and this is how the zoning is proposed.

910
00:52:19,520 --> 00:52:25,140
 But generally anything that's along I-35 is going to get an HC.

911
00:52:25,140 --> 00:52:30,360
 Anything that's on a corridor such as Teasley or Dow's Drive, it will most likely get or

912
00:52:30,360 --> 00:52:36,000
 will get an SC zoning, again, based on the existing uses, based on all the other factors

913
00:52:36,000 --> 00:52:38,600
 we discussed earlier.

914
00:52:38,600 --> 00:52:46,760
 So area 12 is the Den Square Shopping Center, has a number of different uses.

915
00:52:46,760 --> 00:52:55,600
 It is going to go from ECC to HC, again, primary reason is because it's along I-35 and we did

916
00:52:55,600 --> 00:52:56,600
 not receive any responses.

917
00:52:56,600 --> 00:52:57,600
 Ron?

918
00:52:57,600 --> 00:52:58,600
 Yes, ma'am.

919
00:52:58,600 --> 00:53:01,760
 I'm going to break you right here and we're going to take a quick recess and get dinner

920
00:53:01,760 --> 00:53:02,760
 and then we'll come back and do the rest.

921
00:53:02,760 --> 00:53:03,760
 Is that okay?

922
00:53:03,760 --> 00:53:04,760
 That's fine.

923
00:53:04,760 --> 00:53:05,760
 Okay.

924
00:53:05,760 --> 00:53:06,760
 I'll call a recess at 6.03.

925
00:53:06,760 --> 00:53:12,560
 I will call the planning and zoning work session back to order at 6.10.

926
00:53:12,560 --> 00:53:15,720
 Thank you, Madam Chair, members of the Commission.

927
00:53:15,720 --> 00:53:18,740
 I'd like to propose something.

928
00:53:18,740 --> 00:53:23,160
 I know that there's a lot of information that I've been presenting and a lot of it's repetitive

929
00:53:23,160 --> 00:53:26,800
 and a lot of it is what you have already in your backup.

930
00:53:26,800 --> 00:53:33,240
 If it's to the Commission's interest, I can just present from this slide here.

931
00:53:33,240 --> 00:53:36,480
 I don't know if it's helpful going through area by area.

932
00:53:36,480 --> 00:53:40,760
 What are your thoughts so that, you know, when we go to the public hearing, if it's

933
00:53:40,760 --> 00:53:46,320
 something I need just to be focused more on one slide or one area or a larger area versus

934
00:53:46,320 --> 00:53:48,420
 each area by themselves?

935
00:53:48,420 --> 00:53:50,960
 Just thoughts.

936
00:53:50,960 --> 00:53:51,960
 Commissioner Smith.

937
00:53:51,960 --> 00:53:52,960
 Thank you, Madam Vice Chair.

938
00:53:52,960 --> 00:53:55,880
 I think you're moving through it pretty quickly.

939
00:53:55,880 --> 00:53:58,960
 So I think, I mean, even if it takes you 30 minutes to go through it, and I know I'd like

940
00:53:58,960 --> 00:54:03,120
 to get out earlier too, but at the same time, if there are people here who want to hear

941
00:54:03,120 --> 00:54:07,520
 it, it'd be better to go through, I think, area by area, even if it's just two quick

942
00:54:07,520 --> 00:54:11,560
 ones, say this is a, well, just like the last one, this is the same thing, no response spell

943
00:54:11,560 --> 00:54:15,280
 bar, move through and through, so we can at least see, and then if somebody from public

944
00:54:15,280 --> 00:54:20,640
 comes up and says, I have a question about my parcel, it's in area 20, and then we can

945
00:54:20,640 --> 00:54:24,120
 go pull up area 20 and remind ourselves, but I think that it really isn't that.

946
00:54:24,120 --> 00:54:27,920
 For the, I mean, yeah, and I appreciate that, and I think we were just discussing that a

947
00:54:27,920 --> 00:54:28,920
 bit earlier.

948
00:54:28,920 --> 00:54:33,960
 For the work session, would you care for the same thing, go through it area by area, or

949
00:54:33,960 --> 00:54:37,680
 are we just talking about the area for the public hearing?

950
00:54:37,680 --> 00:54:40,360
 I think for the public hearing, too, personally.

951
00:54:40,360 --> 00:54:41,600
 Both public hearing and work session.

952
00:54:41,600 --> 00:54:48,200
 Yeah, I mean, to me, at this point, I think we've got only about 10 left, right, so, which

953
00:54:48,200 --> 00:54:49,200
 we're moving pretty quickly through.

954
00:54:49,200 --> 00:54:50,200
 Yeah.

955
00:54:50,200 --> 00:54:51,200
 Okay.

956
00:54:51,200 --> 00:54:52,200
 Is that okay with everyone?

957
00:54:52,200 --> 00:54:53,200
 Not worried about it.

958
00:54:53,200 --> 00:54:54,200
 Okay.

959
00:54:54,200 --> 00:55:06,600
 I'm going to go back to 13 and just continue with the presentation.

960
00:55:06,600 --> 00:55:13,560
 Okay area 13, this is again further north heading towards Fort Worth Drive.

961
00:55:13,560 --> 00:55:21,200
 We have a property or area that is currently zone NRMU proposed to go to SC, suburban corridor.

962
00:55:21,200 --> 00:55:28,280
 It's approximately 17.7 acres, has 12 parcels, a little bit more mix of uses.

963
00:55:28,280 --> 00:55:35,680
 We've got some business offices, professional offices, that is, got a car wash, a automotive

964
00:55:35,680 --> 00:55:46,360
 fuel sales area in the form of Exxon, a motel or hotel, as well as other uses within the

965
00:55:46,360 --> 00:55:48,360
 area.

966
00:55:48,360 --> 00:55:50,800
 We are proposing that this area go to SC.

967
00:55:50,800 --> 00:55:56,280
 Now, you may ask, well, why are we going to SC if it's along I-35?

968
00:55:56,280 --> 00:56:04,680
 Primarily is because the existing uses there now are more suited for an SC, and it is also

969
00:56:04,680 --> 00:56:08,480
 adjacent to single family to the south.

970
00:56:08,480 --> 00:56:14,520
 So that being said, we really want to be sensitive of that, and so we're going with SC.

971
00:56:14,520 --> 00:56:20,960
 Now, SC versus HC, the difference there is intensity, but the uses are generally the

972
00:56:20,960 --> 00:56:21,960
 same.

973
00:56:21,960 --> 00:56:25,600
 So staff is proposing SC for area 13.

974
00:56:25,600 --> 00:56:31,840
 We did receive one response, and that again is in favor.

975
00:56:31,840 --> 00:56:38,440
 Area 14 is north of that, it is on the northwest corner of Teasley and I-35.

976
00:56:38,440 --> 00:56:45,800
 It is the shopping center that contains Point Bank, KFC, Pizza Hut, Brahms, and 7-Eleven

977
00:56:45,800 --> 00:56:47,360
 on the corner.

978
00:56:47,360 --> 00:56:51,160
 That is going from DCG to HC.

979
00:56:51,160 --> 00:56:56,080
 This is what's being proposed in area 14, as you see here.

980
00:56:56,080 --> 00:57:02,120
 Again, primarily the reason it's going to HC is because it's along I-35, and it's surrounded

981
00:57:02,120 --> 00:57:07,260
 by more intense zoning or intense uses.

982
00:57:07,260 --> 00:57:11,940
 Staff has not received any responses.

983
00:57:11,940 --> 00:57:18,280
 Area 15, just north of that, that is proposed to go from DCG to SC, suburban corridor.

984
00:57:18,280 --> 00:57:23,160
 That is, again, north of where we just saw area 14, on Teasley, and the reason why it's

985
00:57:23,160 --> 00:57:29,360
 going to SC is primarily because it fronts Teasley, which is a corridor, and the existing

986
00:57:29,360 --> 00:57:33,480
 uses there are mostly non-residential.

987
00:57:33,480 --> 00:57:43,400
 However, there is a single-family use currently, is generally in the area right here.

988
00:57:43,400 --> 00:57:50,960
 It's one small home with a large lot, however, the area is along Teasley, and again, that's

989
00:57:50,960 --> 00:57:53,160
 why we're pursuing SC.

990
00:57:53,160 --> 00:58:01,040
 The thing to note is that going to SC, the single-family home would be non-conforming

991
00:58:01,040 --> 00:58:03,800
 because it is not permitted in that zoning district.

992
00:58:03,800 --> 00:58:12,640
 However, single-family per our zoning district, I'm sorry, our development code would not

993
00:58:12,640 --> 00:58:13,640
 warrant it to be non-conforming.

994
00:58:13,640 --> 00:58:18,400
 It would still be conforming per a section of our development code.

995
00:58:18,400 --> 00:58:20,880
 Just a note for your consideration.

996
00:58:20,880 --> 00:58:24,880
 Which is stating that anything that is currently residential, right, would not be considered

997
00:58:24,880 --> 00:58:25,880
 non-conforming.

998
00:58:25,880 --> 00:58:26,880
 Correct.

999
00:58:26,880 --> 00:58:27,880
 Yes.

1000
00:58:27,880 --> 00:58:37,440
 Area 16, we are moving south of I-35, and this is an area on Londonderry, and I don't

1001
00:58:37,440 --> 00:58:39,280
 know if you all are familiar with this area.

1002
00:58:39,280 --> 00:58:47,680
 This street has a lot of different uses, primarily commercial in the form of an academy, the

1003
00:58:47,680 --> 00:58:54,080
 Metzler's Barbecue's there, a number of parking, I'm sorry, multi-family, as well as professional

1004
00:58:54,080 --> 00:58:56,480
 and medical offices.

1005
00:58:56,480 --> 00:59:02,840
 The area is currently zoned per the transition chart, R7.

1006
00:59:02,840 --> 00:59:08,720
 Staff is proposing that it be zoned SC, as you can see in this area here.

1007
00:59:08,720 --> 00:59:18,760
 SC is to the north, and to the south is the South Lakes Park, and yeah, McMath Middle

1008
00:59:18,760 --> 00:59:23,280
 School as well, and that's why it's shown as blue.

1009
00:59:23,280 --> 00:59:31,840
 But this is more suitable for an SC, primarily because it already has existing commercial

1010
00:59:31,840 --> 00:59:38,400
 uses and it's close to Teasley, and again, it's bordered between SC to the north and

1011
00:59:38,400 --> 00:59:41,320
 a park to the south.

1012
00:59:41,320 --> 00:59:44,600
 No responses was received.

1013
00:59:44,600 --> 00:59:47,860
 A little bit to the west is area 17.

1014
00:59:47,860 --> 00:59:54,760
 This area is proposed to go from two zoning districts, NR, MU12, and Community Makes Use

1015
00:59:54,760 --> 00:59:58,120
 General to an MN.

1016
00:59:58,120 --> 01:00:05,080
 It is approximately 6.8 acres, contains a number of uses, apartments, a medical office,

1017
01:00:05,080 --> 01:00:12,920
 and a medical, I think it's another apartment, so mostly apartments in this general area.

1018
01:00:12,920 --> 01:00:22,160
 That is suitable for MN, which would permit multifamily and would make these consistent

1019
01:00:22,160 --> 01:00:24,880
 in that it would be conforming.

1020
01:00:24,880 --> 01:00:32,280
 Currently for the medical office, MN would allow for medical office to be permitted by

1021
01:00:32,280 --> 01:00:39,920
 right and therefore conforming, as opposed to R7, and again, no responses were received

1022
01:00:39,920 --> 01:00:43,320
 for this area.

1023
01:00:43,320 --> 01:00:51,880
 Area 18, just to the north of that area, as you can see from the aerial here, mainly multifamily,

1024
01:00:51,880 --> 01:00:57,120
 going from CMG to MN Zoning District.

1025
01:00:57,120 --> 01:01:05,060
 Just on the corner, the northeast corner of Londonderry and San Bas Boulevard, two apartments

1026
01:01:05,060 --> 01:01:13,360
 currently are in here in this area, Studio Place Apartments and Salem Ridge Apartments.

1027
01:01:13,360 --> 01:01:21,960
 Going from the two zoning districts, I'm sorry, CMG to MN would make this consistent with

1028
01:01:21,960 --> 01:01:26,560
 the surrounding zoning of MN that you see here.

1029
01:01:26,560 --> 01:01:34,600
 Changing the MN would also continue, it wouldn't change the status of the apartments.

1030
01:01:34,600 --> 01:01:36,880
 They would still be permitted.

1031
01:01:36,880 --> 01:01:46,000
 And again, it's along Londonderry and San Bas, and we have not received any responses.

1032
01:01:46,000 --> 01:01:52,960
 Area 19, we are jumping across the highway going to the north on the corners or the corner

1033
01:01:52,960 --> 01:01:57,000
 of Allegra Vista and I-35.

1034
01:01:57,000 --> 01:02:02,560
 If you know this area, it has the Hampton Inn Suites, the First United Bank, Chuck E. Cheese

1035
01:02:02,560 --> 01:02:04,800
 and Johnny Carrinos.

1036
01:02:04,800 --> 01:02:13,000
 It's about seven acres, and again, for the reason that the uses are more non-residential,

1037
01:02:13,000 --> 01:02:19,240
 the area is surrounded by multifamily, and also it fronts I-35.

1038
01:02:19,240 --> 01:02:27,240
 The zoning for this area is suitable for HC, and that's the purpose of what staff is proposing.

1039
01:02:27,240 --> 01:02:29,240
 No responses was received.

1040
01:02:29,240 --> 01:02:37,680
 Area 20, just to the west, similar to what we discussed in area 19, it is non-residential,

1041
01:02:37,680 --> 01:02:46,280
 surrounded by multifamily, and along I-35, suitable for HC in this area.

1042
01:02:46,280 --> 01:02:50,520
 Four more to go.

1043
01:02:50,520 --> 01:02:54,600
 Area 21, we get to Fort Worth Drive.

1044
01:02:54,600 --> 01:03:01,840
 This is an area that is currently DCG, and staff is proposing as part of the city initiated

1045
01:03:01,840 --> 01:03:04,120
 zoning to go to SC.

1046
01:03:04,120 --> 01:03:10,100
 Fort Worth Drive is a corridor, and therefore, all of the area that you see and the uses

1047
01:03:10,100 --> 01:03:17,120
 that you see here front and have frontage and access to Fort Worth Drive.

1048
01:03:17,120 --> 01:03:29,240
 Therefore, area 21, again, in this long linear area, is being proposed to SC, and we've received

1049
01:03:29,240 --> 01:03:35,880
 two responses in favor of this proposal, and those were included in your backup, or in

1050
01:03:35,880 --> 01:03:40,320
 the planning zone commission backup.

1051
01:03:40,320 --> 01:03:46,080
 Area 22, slightly different, just primarily because it has frontage in I-35, and it has

1052
01:03:46,080 --> 01:03:50,120
 similar characteristics as the ones along Fort Worth Drive, but this, again, because

1053
01:03:50,120 --> 01:03:55,440
 it's along I-35, we felt that it would be more suitable for an HC.

1054
01:03:55,440 --> 01:04:02,080
 It's a smaller piece of property, about four acres, and contains two existing uses, a bank

1055
01:04:02,080 --> 01:04:07,680
 and a graphic business, and it's important to note that the properties that are on the

1056
01:04:07,680 --> 01:04:14,960
 south southern part of the area is being consolidated and being proposed as a McDonald's restaurant.

1057
01:04:14,960 --> 01:04:23,680
 Again, the proposed zoning is to go to HC, and it's in this area here, area 22.

1058
01:04:23,680 --> 01:04:34,640
 23 is similar to 21, in that it fronts along Fort Worth Drive, those uses there would be

1059
01:04:34,640 --> 01:04:39,640
 consistent in the uses that are permitted in the suburban corridor, it would not create

1060
01:04:39,640 --> 01:04:45,240
 any non-conforming uses, it would still keep them conforming.

1061
01:04:45,240 --> 01:04:50,800
 It's about 24 acres, there's a lot of uses, as you can see, the names of those businesses

1062
01:04:50,800 --> 01:04:53,840
 are listed on this slide.

1063
01:04:53,840 --> 01:05:01,640
 Staff is proposing to go to SC, again, primarily it's along Fort Worth Drive, a major corridor,

1064
01:05:01,640 --> 01:05:07,120
 the uses are consistent with the uses that are permitted, and we've received one response

1065
01:05:07,120 --> 01:05:10,560
 for this area, and again, it's in favor.

1066
01:05:10,560 --> 01:05:21,080
 Last, sorry, not least, the area 24, it is proposed to go to HC, from DCG to HC, again,

1067
01:05:21,080 --> 01:05:27,440
 similar reasons, it's along I-35, the uses are permitted, would not create any non-conforming,

1068
01:05:27,440 --> 01:05:36,160
 it's approximately 8.2 acres, contains a Valero gas station, a water burger, a religious assembly,

1069
01:05:36,160 --> 01:05:44,000
 and an apartment complex, or I'm sorry, not apartment, but rather a hotel or motel.

1070
01:05:44,000 --> 01:05:50,160
 Staff is proposing HC, and staff has not received any responses.

1071
01:05:50,160 --> 01:05:54,320
 That concludes my presentation, of course, staff recommends approval.

1072
01:05:54,320 --> 01:06:02,480
 I will now stand for any questions that you all may have.

1073
01:06:02,480 --> 01:06:03,480
 Commissioner Sanchez?

1074
01:06:03,480 --> 01:06:09,600
 You mentioned that the visual, where you have the different colors, and this type are really

1075
01:06:09,600 --> 01:06:14,640
 good, I think, for the public, even when you started saying how you're placing it, it makes

1076
01:06:14,640 --> 01:06:18,600
 a lot more sense, and when you're looking at these, even when we were looking at them,

1077
01:06:18,600 --> 01:06:23,400
 it's all individual, but when you see how it flows, it really makes sense.

1078
01:06:23,400 --> 01:06:25,000
 Yes, and I appreciate that.

1079
01:06:25,000 --> 01:06:30,500
 When I was preparing the staff report, I had the same thought, and Cody here, who wouldn't

1080
01:06:30,500 --> 01:06:35,000
 be able to do this without obviously staff, and Cody in particular, who is our GIS analyst,

1081
01:06:35,000 --> 01:06:39,800
 put these exhibits together, and I do appreciate that comment.

1082
01:06:39,800 --> 01:06:40,800
 Okay.

1083
01:06:40,800 --> 01:06:41,800
 Great.

1084
01:06:41,800 --> 01:06:42,800
 Thank you, Ron.

1085
01:06:42,800 --> 01:06:44,800
 I told you this was easy.

1086
01:06:44,800 --> 01:06:51,520
 The other ones may not be, but hopefully this goes smoothly, and we'll be presenting at

1087
01:06:51,520 --> 01:06:52,520
 the public hearing.

1088
01:06:52,520 --> 01:06:53,520
 Very good.

1089
01:06:53,520 --> 01:06:54,520
 Thank you, Ron.

1090
01:06:54,520 --> 01:06:55,520
 Thank you.

1091
01:06:55,520 --> 01:06:56,520
 Okay.

1092
01:06:56,520 --> 01:06:58,680
 That concludes the agenda discussion.

1093
01:06:58,680 --> 01:07:01,080
 So I will close our work session at 6.25.

1094
01:07:01,080 --> 01:07:03,920
 We will reconvene for our regular meeting in council chambers.

1095
01:07:03,920 --> 01:07:09,480
 Good evening, and welcome to the special call meeting for the City of Denton Planning and

1096
01:07:09,480 --> 01:07:13,260
 Zoning Commission on Wednesday, May 29th.

1097
01:07:13,260 --> 01:07:17,660
 With the quorum present, I will call us to order at 6.35.

1098
01:07:17,660 --> 01:07:21,680
 Our first order of business is to stand if you are able and give pledge to the U.S. and

1099
01:07:21,680 --> 01:07:29,080
 Texas flag.

1100
01:07:29,080 --> 01:07:44,440
 I pledge allegiance to the flag of the United States of America, and to the republic for

1101
01:07:44,440 --> 01:07:48,560
 which it stands, one nation under God, indivisible, with liberty and justice for all.

1102
01:07:48,560 --> 01:07:56,180
 Okay, and then just a couple of agenda clarifications.

1103
01:07:56,180 --> 01:08:01,680
 Item J on our agenda is postponed to our June 26th meeting.

1104
01:08:01,680 --> 01:08:05,320
 Item J. So that will not be heard tonight.

1105
01:08:05,320 --> 01:08:10,600
 Item I on our agenda, we are going to take out of order, and we will be hearing it after

1106
01:08:10,600 --> 01:08:18,480
 our item A. So with those clarifications, we will move to public hearing A.

1107
01:08:18,480 --> 01:08:35,120
 I will call up Sean Jacobson for presentation and open the public hearing.

1108
01:08:35,120 --> 01:08:37,400
 Good evening, Madam Chair and members of the commission.

1109
01:08:37,400 --> 01:08:42,760
 My name is Sean Jacobson, assistant planner with development services, and I am delighted

1110
01:08:42,760 --> 01:08:49,040
 to be here tonight to at long last present to you the Denton Square District.

1111
01:08:49,040 --> 01:08:55,000
 This process started with the tragic fire on the square, which highlighted the need

1112
01:08:55,000 --> 01:08:59,560
 we had desperately for standards to protect the buildings on the square and that historic

1113
01:08:59,560 --> 01:09:00,560
 character.

1114
01:09:00,560 --> 01:09:05,040
 So the direction of city council at the time was to as quickly as possible put in place

1115
01:09:05,040 --> 01:09:09,000
 a district and standards to protect that valuable historic character.

1116
01:09:09,000 --> 01:09:13,520
 As it worked out, it took a little longer than we initially planned, about 18 months,

1117
01:09:13,520 --> 01:09:18,040
 but the result has been a very transparent process, a lot of feedback, and what I believe

1118
01:09:18,040 --> 01:09:23,480
 is really an excellent ordinance designed to protect our square.

1119
01:09:23,480 --> 01:09:27,520
 We began this process by researching standards from seven cities that we believe have done

1120
01:09:27,520 --> 01:09:29,480
 this well.

1121
01:09:29,480 --> 01:09:34,060
 We took those standards and from there drafted standards that we believe were tailored to

1122
01:09:34,060 --> 01:09:37,040
 the unique character of Denton.

1123
01:09:37,040 --> 01:09:40,840
 From there, we felt that it was incredibly important that we go to our stakeholders.

1124
01:09:40,840 --> 01:09:45,960
 So we had numerous meetings with business and property owners from around the square

1125
01:09:45,960 --> 01:09:53,520
 district, as well as citizens of Denton who live both within and without, and the feedback

1126
01:09:53,520 --> 01:09:56,720
 was overwhelmingly supportive of what we were doing.

1127
01:09:56,720 --> 01:10:01,120
 We also came before historic landmark commission, planning and zoning commission, and city council

1128
01:10:01,120 --> 01:10:06,480
 multiple times received their feedback, and we took all of that and made some revisions,

1129
01:10:06,480 --> 01:10:11,440
 but throughout we've had primarily the same standards from beginning to end, making improvements

1130
01:10:11,440 --> 01:10:13,680
 and changes based on that feedback.

1131
01:10:13,680 --> 01:10:18,960
 The final changes that city council recommended when we were before them last regarded the

1132
01:10:18,960 --> 01:10:20,240
 review process.

1133
01:10:20,240 --> 01:10:23,400
 They preferred that they be the final review body.

1134
01:10:23,400 --> 01:10:28,720
 They requested standards for murals on facades facing the square, and improved standards

1135
01:10:28,720 --> 01:10:35,440
 for temporary construction areas, and that has brought us to the public hearing tonight.

1136
01:10:35,440 --> 01:10:39,320
 The process I mentioned that city council requested, as you can see here, for general

1137
01:10:39,320 --> 01:10:43,400
 repairs and minor alterations to the exterior buildings in the square, those would go to

1138
01:10:43,400 --> 01:10:46,680
 staff for administrative approval or denial.

1139
01:10:46,680 --> 01:10:48,960
 Denials could then be appealed to city council.

1140
01:10:48,960 --> 01:10:52,720
 Major projects, as well as murals, would go directly to city council for their review,

1141
01:10:52,720 --> 01:10:57,360
 and they would be making the final decision.

1142
01:10:57,360 --> 01:11:02,880
 We did notify extensively both property owners within the boundary of the square district,

1143
01:11:02,880 --> 01:11:08,760
 as well as those within 200 feet, with letters, and sent postcards to residents within 500

1144
01:11:08,760 --> 01:11:09,760
 feet.

1145
01:11:09,760 --> 01:11:15,880
 We received three letters of support from property owners within the district, four

1146
01:11:15,880 --> 01:11:22,960
 letters of opposition, three from within the district, and one from within the 200 foot

1147
01:11:22,960 --> 01:11:24,280
 boundary.

1148
01:11:24,280 --> 01:11:30,000
 Staff does recommend approval of the Denton Square District with the associated standards

1149
01:11:30,000 --> 01:11:31,000
 and guidelines.

1150
01:11:31,000 --> 01:11:41,000
 With that, I will stand for any questions.

1151
01:11:41,000 --> 01:11:49,120
 Right now, I have one card who wishes to speak on this item, and that is Mr. John Crew.

1152
01:11:49,120 --> 01:12:00,960
 Hello, thank you, my name is John Crew, I live in Denton at 141 Springtree Street, and

1153
01:12:00,960 --> 01:12:07,400
 I really, actually, I realize all the activities that's been going on with this, it's been

1154
01:12:07,400 --> 01:12:11,800
 very extensive, but I wanted to make a comment about the height restrictions.

1155
01:12:11,800 --> 01:12:19,640
 I do feel like a two-story height restriction is very restrictive, to use that word again,

1156
01:12:19,640 --> 01:12:24,120
 because there's already buildings that are three stories tall, like the Texas building,

1157
01:12:24,120 --> 01:12:30,920
 historically built in the 1800s, so I know the original concept of the square was inclusive

1158
01:12:30,920 --> 01:12:36,200
 of at least three story buildings, and later the Wells Fargo building was built, of course,

1159
01:12:36,200 --> 01:12:40,240
 with the requirement that it wasn't taller than the courthouse, and I'm not saying you

1160
01:12:40,240 --> 01:12:47,600
 need to go that tall, but I really would feel like three stories is more, basically, more

1161
01:12:47,600 --> 01:12:48,600
 ideal.

1162
01:12:48,600 --> 01:12:52,480
 It would allow for more residential in that area, where you have like the first floor

1163
01:12:52,480 --> 01:12:56,880
 commercial, maybe the second and third could be residential dwellings, if you're trying

1164
01:12:56,880 --> 01:13:03,840
 to promote the bringing in citizens to live in the downtown area, and all I was really

1165
01:13:03,840 --> 01:13:10,680
 here to talk about was the height restrictions, believing that two stories is too limiting

1166
01:13:10,680 --> 01:13:14,880
 to most development nowadays that might want, if something was to happen catastrophic and

1167
01:13:14,880 --> 01:13:20,280
 a building had to be rebuilt, that it couldn't be rebuilt with maybe residential spaces on

1168
01:13:20,280 --> 01:13:26,120
 the second and third floor, that's really all I have.

1169
01:13:26,120 --> 01:13:31,440
 Thank you for sharing your comments.

1170
01:13:31,440 --> 01:13:35,160
 Anyone else wishing to speak on this item?

1171
01:13:35,160 --> 01:13:40,920
 Sir, you can come to the mic, please.

1172
01:13:40,920 --> 01:13:44,320
 If you'll just state your name and address.

1173
01:13:44,320 --> 01:13:51,600
 Curtis Loveless, I own part of the building at 218 North Elm, which is partially included

1174
01:13:51,600 --> 01:13:57,160
 in the, or maybe totally included in the district, and I think there's one thing I note, they

1175
01:13:57,160 --> 01:14:03,040
 said there was one letter returned against, I know both the other owner and I returned

1176
01:14:03,040 --> 01:14:11,400
 against this, and we are in the district, so I'm not sure if somehow they weren't recorded,

1177
01:14:11,400 --> 01:14:16,960
 but I think that's fine if you want to do that on the square.

1178
01:14:16,960 --> 01:14:19,920
 Don't go off and include our building.

1179
01:14:19,920 --> 01:14:21,800
 We don't want to be in it.

1180
01:14:21,800 --> 01:14:27,320
 I don't see anything that I know of that would improve us.

1181
01:14:27,320 --> 01:14:37,440
 We improved that building 35 years ago and been sitting there since that time and continue

1182
01:14:37,440 --> 01:14:44,120
 to sit there, but we see no benefit to us and we see no reason why we should be included,

1183
01:14:44,120 --> 01:14:48,920
 and no one has ever come and talked to me about this project ever.

1184
01:14:48,920 --> 01:14:56,240
 So if we're included, I fail to understand why we weren't reached out to, and so that's

1185
01:14:56,240 --> 01:15:01,120
 basically what I have to say, if anybody's got a question, I'll answer it.

1186
01:15:01,120 --> 01:15:02,120
 Yes, sir.

1187
01:15:02,120 --> 01:15:03,120
 Commissioner Beck.

1188
01:15:03,120 --> 01:15:04,120
 Thank you, Vice Chair.

1189
01:15:04,120 --> 01:15:07,120
 Mr. Loveless, is that your name?

1190
01:15:07,120 --> 01:15:08,120
 Yes.

1191
01:15:08,120 --> 01:15:09,120
 Okay.

1192
01:15:09,120 --> 01:15:10,120
 218 North Elm?

1193
01:15:10,120 --> 01:15:11,120
 Right.

1194
01:15:11,120 --> 01:15:12,120
 What is that building?

1195
01:15:12,120 --> 01:15:16,200
 It's a law office with maroon awnings across from the old city hall.

1196
01:15:16,200 --> 01:15:17,200
 Okay.

1197
01:15:17,200 --> 01:15:24,480
 Is there something in the new standards here that's going to create problems for you particularly?

1198
01:15:24,480 --> 01:15:25,480
 I think it could.

1199
01:15:25,480 --> 01:15:30,360
 If you're limiting the access, we were told we could build up when we bought that.

1200
01:15:30,360 --> 01:15:35,340
 We have not done that, although we have talked about it over the years, but I don't want

1201
01:15:35,340 --> 01:15:42,440
 any object to any restrictions being placed on us arbitrarily because of something burning

1202
01:15:42,440 --> 01:15:43,440
 on the square.

1203
01:15:43,440 --> 01:15:48,080
 I have no problem if y'all want to control that and those people want to agree to it,

1204
01:15:48,080 --> 01:15:50,160
 but I don't want to be part of it.

1205
01:15:50,160 --> 01:15:55,320
 So you possibly could see yourself building something higher than two stories?

1206
01:15:55,320 --> 01:15:56,320
 We talked about it.

1207
01:15:56,320 --> 01:16:03,160
 We've had people approach us at times with some ideas, nothing that's ever gone up, but

1208
01:16:03,160 --> 01:16:05,440
 maybe three or so.

1209
01:16:05,440 --> 01:16:06,440
 Okay.

1210
01:16:06,440 --> 01:16:08,440
 And I apologize for the city that you didn't get any notice.

1211
01:16:08,440 --> 01:16:12,640
 I hope that's duly noted to the people that sent those out and that doesn't happen again.

1212
01:16:12,640 --> 01:16:13,640
 Thank you very much.

1213
01:16:13,640 --> 01:16:14,640
 Thank you.

1214
01:16:14,640 --> 01:16:15,640
 Commissioner Parnetto?

1215
01:16:15,640 --> 01:16:16,640
 Yeah.

1216
01:16:16,640 --> 01:16:17,640
 I just wanted to clarify.

1217
01:16:17,640 --> 01:16:20,000
 So right now you have a one-story building, correct?

1218
01:16:20,000 --> 01:16:21,000
 Right.

1219
01:16:21,000 --> 01:16:22,000
 Okay.

1220
01:16:22,000 --> 01:16:27,320
 And based on what I'm reading, and if I could get staff to clarify, Sean, the building in

1221
01:16:27,320 --> 01:16:33,960
 question, he does have the ability to go up to three stories, is that correct?

1222
01:16:33,960 --> 01:16:35,320
 Okay.

1223
01:16:35,320 --> 01:16:37,280
 Scott McDonald, Director of Development Services.

1224
01:16:37,280 --> 01:16:42,140
 Just a couple of corrections that there were four letters of opposition, and I believe

1225
01:16:42,140 --> 01:16:47,360
 Mr. Loveless's letter of opposition was one of those four.

1226
01:16:47,360 --> 01:16:53,060
 Number two, I believe that that building is between McKinney.

1227
01:16:53,060 --> 01:16:54,400
 Is that on McKinney?

1228
01:16:54,400 --> 01:16:55,400
 Between McKinney and McConn.

1229
01:16:55,400 --> 01:17:03,100
 It places M. McKinney's on the north side, and is it McConn on the south, I'm not sure.

1230
01:17:03,100 --> 01:17:05,440
 And it's a parking lot to the south, correct?

1231
01:17:05,440 --> 01:17:10,740
 We have parking on both sides of the building and the building in the middle.

1232
01:17:10,740 --> 01:17:15,160
 And I'm happy to visit offline, but I don't believe that these standards do apply to that

1233
01:17:15,160 --> 01:17:16,680
 building in any way.

1234
01:17:16,680 --> 01:17:17,680
 So just --

1235
01:17:17,680 --> 01:17:18,680
 Thank you.

1236
01:17:18,680 --> 01:17:25,040
 If that's the commitment, then I'm going to sit down.

1237
01:17:25,040 --> 01:17:26,040
 Yes.

1238
01:17:26,040 --> 01:17:29,240
 And I just wanted to clarify, because based on the map that we're seeing, and I don't

1239
01:17:29,240 --> 01:17:37,640
 know if we can get that up anywhere, the U would be -- this is right here, right?

1240
01:17:37,640 --> 01:17:38,640
 Yeah.

1241
01:17:38,640 --> 01:17:43,380
 The new building height would be a minimum of two stories in height if you were to build

1242
01:17:43,380 --> 01:17:45,640
 in a maximum of three.

1243
01:17:45,640 --> 01:17:47,760
 So you could go up to three, as you mentioned.

1244
01:17:47,760 --> 01:17:48,760
 That's us right there.

1245
01:17:48,760 --> 01:17:49,760
 Based on my --

1246
01:17:49,760 --> 01:17:50,760
 Okay.

1247
01:17:50,760 --> 01:17:51,760
 Well, that's fine.

1248
01:17:51,760 --> 01:17:52,760
 He's --

1249
01:17:52,760 --> 01:17:53,760
 Clarified.

1250
01:17:53,760 --> 01:18:08,440
 His building is right here, and the -- it only applies to those buildings that are on the

1251
01:18:08,440 --> 01:18:09,440
 street.

1252
01:18:09,440 --> 01:18:13,160
 So it would not apply to this building.

1253
01:18:13,160 --> 01:18:14,160
 Okay.

1254
01:18:14,160 --> 01:18:19,720
 And, again, he's addressed off of Elm, and his frontage is on Elm.

1255
01:18:19,720 --> 01:18:20,720
 So --

1256
01:18:20,720 --> 01:18:25,720
 Can we just put that on the -- on the sky?

1257
01:18:25,720 --> 01:18:37,200
 Because based on what I'm seeing, his building is actually the big red block.

1258
01:18:37,200 --> 01:18:38,200
 Is that correct?

1259
01:18:38,200 --> 01:18:39,200
 Yeah.

1260
01:18:39,200 --> 01:18:40,200
 I believe it's the big red block.

1261
01:18:40,200 --> 01:18:42,240
 There's two red blocks, and I think yours is the large one.

1262
01:18:42,240 --> 01:18:43,240
 Correct?

1263
01:18:43,240 --> 01:18:44,240
 Is that your building?

1264
01:18:44,240 --> 01:18:45,240
 That's a corner.

1265
01:18:45,240 --> 01:18:46,240
 Yes.

1266
01:18:46,240 --> 01:18:47,240
 Yeah.

1267
01:18:47,240 --> 01:18:58,960
 That, I believe, also -- the red block includes part of Mr. Byneton in the small red.

1268
01:18:58,960 --> 01:18:59,960
 Yeah.

1269
01:18:59,960 --> 01:19:00,960
 Oh, I'm sorry.

1270
01:19:00,960 --> 01:19:02,960
 Can you open up the screen?

1271
01:19:02,960 --> 01:19:03,960
 Yeah.

1272
01:19:03,960 --> 01:19:07,560
 And that was most likely my error in not looking more closely at where the line felt that you're

1273
01:19:07,560 --> 01:19:12,880
 actually addressed off of Elm, and so out of a desire to notify fully --

1274
01:19:12,880 --> 01:19:13,880
 Yeah.

1275
01:19:13,880 --> 01:19:17,200
 Do you want that back up on the screen?

1276
01:19:17,200 --> 01:19:18,200
 Yeah.

1277
01:19:18,200 --> 01:19:22,240
 I mean, there's further discussion that people at home might want to see, but --

1278
01:19:22,240 --> 01:19:23,240
 Do you want to let them know?

1279
01:19:23,240 --> 01:19:24,240
 We just say --

1280
01:19:24,240 --> 01:19:25,240
 Okay.

1281
01:19:25,240 --> 01:19:26,240
 Can we go ahead and get that view back from the eyes guy?

1282
01:19:26,240 --> 01:19:27,240
 Thanks, Mike.

1283
01:19:27,240 --> 01:19:28,240
 Okay.

1284
01:19:28,240 --> 01:19:42,880
 This property question, which is -- I believe the big square block is ours, and I'm not sure

1285
01:19:42,880 --> 01:19:46,080
 about the smaller red block.

1286
01:19:46,080 --> 01:19:51,760
 If it, for some reason, doesn't go through on our alleyway, it's a drive-through that

1287
01:19:51,760 --> 01:19:55,160
 we made, or that may be part of Mr. Byneton's.

1288
01:19:55,160 --> 01:19:56,160
 I can't tell.

1289
01:19:56,160 --> 01:19:57,160
 Yes, sir.

1290
01:19:57,160 --> 01:19:58,160
 Okay.

1291
01:19:58,160 --> 01:19:59,160
 That is his separate objection letter.

1292
01:19:59,160 --> 01:20:00,160
 Okay.

1293
01:20:00,160 --> 01:20:01,160
 Yes, sir.

1294
01:20:01,160 --> 01:20:02,160
 Okay.

1295
01:20:02,160 --> 01:20:03,160
 Yes, sir.

1296
01:20:03,160 --> 01:20:07,480
 And I know, sir, that staff would be happy to discuss this further with you as well.

1297
01:20:07,480 --> 01:20:11,520
 Staff would be happy to discuss your particular property with you as well.

1298
01:20:11,520 --> 01:20:12,520
 Okay.

1299
01:20:12,520 --> 01:20:13,520
 Thank you very much.

1300
01:20:13,520 --> 01:20:14,520
 All right.

1301
01:20:14,520 --> 01:20:15,520
 Thank you.

1302
01:20:15,520 --> 01:20:17,520
 Commissioner Back, did you have more to add?

1303
01:20:17,520 --> 01:20:18,520
 No.

1304
01:20:18,520 --> 01:20:19,520
 Let's see if staff can work it out.

1305
01:20:19,520 --> 01:20:26,760
 I guess my concern was that one diagram showed that on Pecan Street there, cuts right across

1306
01:20:26,760 --> 01:20:27,760
 the mill there.

1307
01:20:27,760 --> 01:20:33,840
 So I guess what I'm hearing is if the address is on McKinney, that doesn't affect that building,

1308
01:20:33,840 --> 01:20:34,840
 correct?

1309
01:20:34,840 --> 01:20:35,840
 Yeah.

1310
01:20:35,840 --> 01:20:38,400
 That building is then not fronting on that, what we call the Mew Street.

1311
01:20:38,400 --> 01:20:39,400
 Yes.

1312
01:20:39,400 --> 01:20:40,400
 Pecan.

1313
01:20:40,400 --> 01:20:41,400
 Which is Pecan.

1314
01:20:41,400 --> 01:20:42,400
 Okay.

1315
01:20:42,400 --> 01:20:43,400
 Great.

1316
01:20:43,400 --> 01:20:44,400
 Thanks.

1317
01:20:44,400 --> 01:20:45,400
 Okay.

1318
01:20:45,400 --> 01:20:46,400
 This is a public hearing.

1319
01:20:46,400 --> 01:20:47,400
 Anyone else wishing to speak on this item?

1320
01:20:47,400 --> 01:20:48,400
 Okay.

1321
01:20:48,400 --> 01:20:55,560
 Seeing none, I will close the public hearing and open the floor for a motion or a further

1322
01:20:55,560 --> 01:20:56,560
 discussion.

1323
01:20:56,560 --> 01:20:57,560
 Okay.

1324
01:20:57,560 --> 01:20:58,560
 Commissioner Smith.

1325
01:20:58,560 --> 01:21:01,560
 Make a motion to approve.

1326
01:21:01,560 --> 01:21:02,560
 Commissioner Sanchez?

1327
01:21:02,560 --> 01:21:03,560
 I second.

1328
01:21:03,560 --> 01:21:04,560
 Okay.

1329
01:21:04,560 --> 01:21:09,680
 We have a motion on the floor to approve.

1330
01:21:09,680 --> 01:21:10,680
 Any discussion?

1331
01:21:10,680 --> 01:21:11,680
 Okay.

1332
01:21:11,680 --> 01:21:16,200
 I will just take a quick moment to commend staff on this.

1333
01:21:16,200 --> 01:21:20,180
 I think this has been very thoughtful, a very patient process.

1334
01:21:20,180 --> 01:21:23,060
 This was brought up a long time ago.

1335
01:21:23,060 --> 01:21:25,120
 They've reached out extensively.

1336
01:21:25,120 --> 01:21:26,880
 They've gotten great feedback.

1337
01:21:26,880 --> 01:21:33,340
 They've made changes and I think this is something that our city does need.

1338
01:21:33,340 --> 01:21:36,520
 So thank you to all involved there.

1339
01:21:36,520 --> 01:21:47,560
 With that, I'll call for a vote on the board.

1340
01:21:47,560 --> 01:21:52,400
 Motion carries 6-0.

1341
01:21:52,400 --> 01:22:00,400
 That will move us to our item I that we are taking out of order.

1342
01:22:00,400 --> 01:22:07,800
 And with that, I will call up Ron Manjita for presentation and open the public hearing.

1343
01:22:07,800 --> 01:22:26,760
 Item I. Thank you, Madam Chair, members of the commission.

1344
01:22:26,760 --> 01:22:34,040
 We are going to talk about item I, but before we get into it, I just want to just quickly

1345
01:22:34,040 --> 01:22:38,800
 go over the proposal.

1346
01:22:38,800 --> 01:22:43,840
 We are bringing forward to the Applying Zoning Commission and ultimately the City Council

1347
01:22:43,840 --> 01:22:51,320
 city initiative re-zonings and how we got here is that we consider, the City Council

1348
01:22:51,320 --> 01:22:57,960
 considered the development code, which includes a transition chart and that transition chart

1349
01:22:57,960 --> 01:23:02,640
 basically carried forward a transition forward existing zoning districts to what the new

1350
01:23:02,640 --> 01:23:07,520
 line of zoning districts are in the development code.

1351
01:23:07,520 --> 01:23:13,440
 With that, there are some areas that were transitioned to zoning districts that created

1352
01:23:13,440 --> 01:23:18,640
 some non-conformity or just does not fit the area, not suitable for the area and therefore

1353
01:23:18,640 --> 01:23:25,440
 we are bringing forward some city initiative re-zonings to help address those transition

1354
01:23:25,440 --> 01:23:26,440
 zonings.

1355
01:23:26,440 --> 01:23:30,780
 And we chose those areas primarily with the following criteria that you see here.

1356
01:23:30,780 --> 01:23:37,000
 We started with the I-35 corridor and we will be making our way up through I-35, eventually

1357
01:23:37,000 --> 01:23:42,640
 US-380, the loop and other areas within the core of the city.

1358
01:23:42,640 --> 01:23:50,440
 Again, trying to address existing uses, their non-conformity, if there are any, while protecting

1359
01:23:50,440 --> 01:23:53,200
 our residential neighborhoods.

1360
01:23:53,200 --> 01:23:58,960
 We talked about, again, special specific areas or corridors.

1361
01:23:58,960 --> 01:24:04,680
 We heard from the public and some of those public comments we are using in our analysis

1362
01:24:04,680 --> 01:24:10,240
 or evaluation, looking at the land use element and the future land use map and of course

1363
01:24:10,240 --> 01:24:14,640
 if it's a regional community or neighborhood draw.

1364
01:24:14,640 --> 01:24:21,080
 The areas that we're looking at are shown here, starting with area one from the southern

1365
01:24:21,080 --> 01:24:29,440
 city limits all the way up to 24, which is Fort Worth Drive, but as opened by Madam Chair,

1366
01:24:29,440 --> 01:24:35,440
 we're going to start with area eight and from there we'll continue with the other areas.

1367
01:24:35,440 --> 01:24:38,320
 So with that, area eight.

1368
01:24:38,320 --> 01:24:49,520
 Area eight is proposed to go from RCR-2, regional center two, residential two that is, and regional

1369
01:24:49,520 --> 01:24:55,600
 center commercial neighborhood RCCN to HC, highway corridor.

1370
01:24:55,600 --> 01:25:00,800
 The area is approximately 8.49 acres, containing eight parcels.

1371
01:25:00,800 --> 01:25:09,200
 That contains a number of uses, a automotive fuel sales in the form of Chevron, restaurant

1372
01:25:09,200 --> 01:25:10,200
 uses.

1373
01:25:10,200 --> 01:25:17,400
 We've got Old West Cafe, Fuzzy Tacos, Chili's Grill and Bar, as well as a Goodwill retail

1374
01:25:17,400 --> 01:25:20,120
 store in the shopping center.

1375
01:25:20,120 --> 01:25:27,520
 There's also, I believe, a trampoline facility as well as other non-residential uses, restaurants

1376
01:25:27,520 --> 01:25:35,160
 and the like that are within this shopping center, the Southridge Village Shopping Center.

1377
01:25:35,160 --> 01:25:40,800
 Staff is proposing an HC, highway corridor, and primarily the consideration here, the

1378
01:25:40,800 --> 01:25:44,240
 findings is that it is along I-35.

1379
01:25:44,240 --> 01:25:50,960
 The existing uses already that are allowed there are consistent with the highway corridor

1380
01:25:50,960 --> 01:25:53,000
 zoning district.

1381
01:25:53,000 --> 01:26:01,000
 And again, just to reiterate that this shopping center, all of the area here, as far as access

1382
01:26:01,000 --> 01:26:06,600
 and frontage, building orientation, all are towards I-35.

1383
01:26:06,600 --> 01:26:12,960
 And again, that's the primary reason why staff is recommending an HC, highway corridor for

1384
01:26:12,960 --> 01:26:14,340
 this area.

1385
01:26:14,340 --> 01:26:21,320
 Staff has not received any responses either in opposition or in favor as of this afternoon.

1386
01:26:21,320 --> 01:26:25,960
 Staff is recommending approval and that concludes my presentation and I will be happy to answer

1387
01:26:25,960 --> 01:26:26,960
 any questions.

1388
01:26:26,960 --> 01:26:30,560
 >> I don't see any at this time, Ron.

1389
01:26:30,560 --> 01:26:31,560
 Thank you.

1390
01:26:31,560 --> 01:26:36,880
 Right now I do have two cards on this item.

1391
01:26:36,880 --> 01:26:43,120
 So Mr. Jerry Drake would like to speak in opposition.

1392
01:26:43,120 --> 01:26:45,640
 >> Good evening.

1393
01:26:45,640 --> 01:26:49,400
 Thank you for your patience and understanding while I come up here.

1394
01:26:49,400 --> 01:26:55,880
 I'm coming as a private citizen and a homeowner and a taxpayer and that's why Mr. Collister

1395
01:26:55,880 --> 01:27:02,640
 agreed to fill my seat there up at the dais with you.

1396
01:27:02,640 --> 01:27:07,440
 And I just want to make sure that it's thoroughly understood, I'm not going to try to advise

1397
01:27:07,440 --> 01:27:13,880
 you in any way on the legalities of this or comment on that whatsoever.

1398
01:27:13,880 --> 01:27:21,360
 But as I understand it, the point of the city initiated rezoning is to address a few items

1399
01:27:21,360 --> 01:27:22,360
 here.

1400
01:27:22,360 --> 01:27:24,920
 One of them is to address annexed but unzoned land.

1401
01:27:24,920 --> 01:27:26,400
 That doesn't apply here.

1402
01:27:26,400 --> 01:27:28,680
 We've been zoned for some time.

1403
01:27:28,680 --> 01:27:31,360
 One is to update to reflect the vision of the city.

1404
01:27:31,360 --> 01:27:37,240
 Well, I think this has been here for a very long time and I don't see that the vision

1405
01:27:37,240 --> 01:27:40,000
 of the city has changed.

1406
01:27:40,000 --> 01:27:44,720
 Another is to address split zoning across parcel lines.

1407
01:27:44,720 --> 01:27:45,720
 That's not the case here.

1408
01:27:45,720 --> 01:27:49,280
 Any split zoning is following parcel lines.

1409
01:27:49,280 --> 01:27:56,320
 And then finally, to legitimize legally nonconforming uses.

1410
01:27:56,320 --> 01:28:03,200
 As the staff report points out, all of the existing uses are illegally conforming and

1411
01:28:03,200 --> 01:28:07,040
 nothing in this rezoning would legitimize anything.

1412
01:28:07,040 --> 01:28:12,640
 It wouldn't accomplish anything with regard to any existing uses.

1413
01:28:12,640 --> 01:28:17,400
 So let me take you back to April 10th, 2019.

1414
01:28:17,400 --> 01:28:26,080
 And I was up here with all of you that day when we were talking about the citywide rezoning.

1415
01:28:26,080 --> 01:28:36,640
 And there were people lined up outside the building to come and talk about this and to

1416
01:28:36,640 --> 01:28:37,920
 be heard.

1417
01:28:37,920 --> 01:28:45,780
 And what happened was that they were directed to talk to staff and be reassured that their

1418
01:28:45,780 --> 01:28:50,000
 existing zoning and the zonings of their neighbors really wasn't going to change materially.

1419
01:28:50,000 --> 01:28:53,200
 It was just going to get a new name.

1420
01:28:53,200 --> 01:28:57,760
 And so if I could have the overhead cam here.

1421
01:28:57,760 --> 01:29:02,700
 This is what was presented as a draft zoning map to the Planning and Zoning Commission.

1422
01:29:02,700 --> 01:29:06,960
 This is what you approved on April 10th.

1423
01:29:06,960 --> 01:29:15,360
 And as you can see there, there's primarily the R7 that's shown in brown was on the proposed

1424
01:29:15,360 --> 01:29:24,200
 zoning map and then the purple was some kind of an RCC use.

1425
01:29:24,200 --> 01:29:27,680
 I don't remember exactly what it was.

1426
01:29:27,680 --> 01:29:35,560
 But that's what people were assured was going to be coming out of the citywide rezoning.

1427
01:29:35,560 --> 01:29:44,920
 Again, when it went to council on April 23rd, it was the same proposed zoning that went

1428
01:29:44,920 --> 01:29:46,280
 forward.

1429
01:29:46,280 --> 01:29:51,760
 And I don't believe that there was anybody from our neighborhood that came up to object

1430
01:29:51,760 --> 01:29:52,760
 to that.

1431
01:29:52,760 --> 01:29:54,120
 They didn't see that as any kind of a problem.

1432
01:29:54,120 --> 01:29:58,240
 It's certainly no worse than anything that we have.

1433
01:29:58,240 --> 01:30:02,320
 What you can see is our neighborhood is right here in the yellow.

1434
01:30:02,320 --> 01:30:05,640
 That little white dot there is about where I live.

1435
01:30:05,640 --> 01:30:15,160
 And if you go to the future land use map that was referred to in the backup, it's showing

1436
01:30:15,160 --> 01:30:18,520
 that it's in a regional mixed use district.

1437
01:30:18,520 --> 01:30:23,920
 But what's being proposed as a highway corridor is highly industrial zoning classification.

1438
01:30:23,920 --> 01:30:29,120
 It's one of the most intense zoning classifications in the city.

1439
01:30:29,120 --> 01:30:34,760
 And I don't really know that it can be fairly characterized as mixed use.

1440
01:30:34,760 --> 01:30:45,120
 Is that really what is contemplated by a mixed use zoning to have this very intense industrial

1441
01:30:45,120 --> 01:30:46,800
 use?

1442
01:30:46,800 --> 01:30:54,240
 If it is, then is it legitimate for it to extend into these residential areas?

1443
01:30:54,240 --> 01:31:02,200
 May I just quickly go through the differences that we see that we find problematic?

1444
01:31:02,200 --> 01:31:04,000
 Can you do it quickly?

1445
01:31:04,000 --> 01:31:05,360
 I sure can.

1446
01:31:05,360 --> 01:31:06,360
 Okay.

1447
01:31:06,360 --> 01:31:13,240
 Canals, RV parks, industrial laundries, building supplies, auto fuel that could include truck

1448
01:31:13,240 --> 01:31:18,800
 stops perhaps, auto repair major and minor, auto sales and leasing, equipment sales and

1449
01:31:18,800 --> 01:31:28,320
 rentals, travel plazas with an SUP, sexually oriented businesses, outdoor storage, hazardous

1450
01:31:28,320 --> 01:31:35,240
 materials, warehouses, feedlots, slaughterhouses, meat packaging, food processing, low, medium

1451
01:31:35,240 --> 01:31:41,320
 and high manufacturing, commercial incinerators and solid waste transfer stations.

1452
01:31:41,320 --> 01:31:45,520
 Again, none of this is necessary.

1453
01:31:45,520 --> 01:31:50,240
 Not speaking to you as a lawyer, but if this is up zoned in this fashion, you're not going

1454
01:31:50,240 --> 01:31:55,880
 to get it back unless you pay to down zone it back.

1455
01:31:55,880 --> 01:31:57,560
 And that's the problem.

1456
01:31:57,560 --> 01:32:05,080
 Why not wait for somebody to come up with a use that needs some kind of change zoning

1457
01:32:05,080 --> 01:32:07,400
 and then consider an overlay of some kind?

1458
01:32:07,400 --> 01:32:08,400
 Thank you.

1459
01:32:08,400 --> 01:32:09,400
 Thank you, Mr. Bates.

1460
01:32:09,400 --> 01:32:10,400
 We do have a question.

1461
01:32:10,400 --> 01:32:11,400
 Commissioner Smith.

1462
01:32:11,400 --> 01:32:12,400
 Thank you, Chair.

1463
01:32:12,400 --> 01:32:18,920
 I just have a question for staff.

1464
01:32:18,920 --> 01:32:22,040
 Yes, sir.

1465
01:32:22,040 --> 01:32:27,440
 Just to recap on the presentation you gave, there wasn't a change for nonconforming use

1466
01:32:27,440 --> 01:32:28,440
 type deal.

1467
01:32:28,440 --> 01:32:31,640
 It seemed like in most of these other presentations we saw that it was the requested zoning was

1468
01:32:31,640 --> 01:32:36,080
 because of it was a nonconforming use currently in that area that wasn't conforming to the

1469
01:32:36,080 --> 01:32:37,720
 zoning that was being changed.

1470
01:32:37,720 --> 01:32:39,720
 That's one of the criteria, yes.

1471
01:32:39,720 --> 01:32:40,720
 Okay.

1472
01:32:40,720 --> 01:32:44,440
 I don't think I saw that highlighted actually in this area eight.

1473
01:32:44,440 --> 01:32:47,160
 No, there is none that--

1474
01:32:47,160 --> 01:32:49,800
 Is the request just because it's fronting on I-35?

1475
01:32:49,800 --> 01:32:54,640
 Fronting and again, yes, that's one of the major characteristics.

1476
01:32:54,640 --> 01:33:01,000
 Of course, the future land use map and the land use element talks to this being as a

1477
01:33:01,000 --> 01:33:04,160
 mixed use center.

1478
01:33:04,160 --> 01:33:09,080
 Of course, I-35 is a big major factor in making this recommendation.

1479
01:33:09,080 --> 01:33:10,080
 Okay.

1480
01:33:10,080 --> 01:33:14,400
 And then after, so what Mr. Drake had presented was that it was, it went through and then

1481
01:33:14,400 --> 01:33:21,320
 been voted on in city council as a combination of RCCN and R7 or what was it?

1482
01:33:21,320 --> 01:33:22,320
 Could you clarify, maybe?

1483
01:33:22,320 --> 01:33:23,320
 Sure.

1484
01:33:23,320 --> 01:33:24,320
 Sure.

1485
01:33:24,320 --> 01:33:25,320
 Is it split zoned?

1486
01:33:25,320 --> 01:33:26,320
 Is that right?

1487
01:33:26,320 --> 01:33:29,560
 The property is actually currently split zoned per the transition chart.

1488
01:33:29,560 --> 01:33:34,000
 When I say property, the area, not necessarily the parcel, so it doesn't really qualify

1489
01:33:34,000 --> 01:33:35,000
 as a split zoning.

1490
01:33:35,000 --> 01:33:43,520
 It does have two zoning districts in that it has RCR1 and RCR, I'm sorry, RCR2, sorry,

1491
01:33:43,520 --> 01:33:44,520
 and RCCN.

1492
01:33:44,520 --> 01:33:45,520
 Okay.

1493
01:33:45,520 --> 01:33:47,520
 So there's two zoning districts within this area.

1494
01:33:47,520 --> 01:33:48,520
 Okay.

1495
01:33:48,520 --> 01:33:52,640
 And without having to pull up the transition map, what is the zoning just beneath Highway

1496
01:33:52,640 --> 01:33:53,640
 Corridor?

1497
01:33:53,640 --> 01:33:54,640
 It's zone MN.

1498
01:33:54,640 --> 01:33:55,640
 MN.

1499
01:33:55,640 --> 01:34:03,600
 This is the, sorry, I want this one.

1500
01:34:03,600 --> 01:34:12,240
 The property between the shopping center and the existing residential subdivision is zoned

1501
01:34:12,240 --> 01:34:20,040
 as part of the transition chart as MN, mixed use neighborhood.

1502
01:34:20,040 --> 01:34:30,840
 Mr. Drake, I did have a question for you in your discussion point.

1503
01:34:30,840 --> 01:34:38,600
 So with this transition, it's with the way the table transitioned, did you have a zone

1504
01:34:38,600 --> 01:34:44,760
 classification that you wanted to see here in your discussion, or?

1505
01:34:44,760 --> 01:34:50,280
 Well, you know, my understanding, and I've got a copy of the zoning district transition

1506
01:34:50,280 --> 01:34:59,160
 chart here, RCR1, RCR2 shows to transition to MN and not Highway Corridor.

1507
01:34:59,160 --> 01:35:04,760
 CMG and CME show to translate to Highway Corridor.

1508
01:35:04,760 --> 01:35:12,440
 And I know that back when we had our original discussions about this, I didn't consider

1509
01:35:12,440 --> 01:35:21,000
 that to be horribly offensive to have MN, more or less, in the front facing the highway

1510
01:35:21,000 --> 01:35:32,840
 and R7 as a buffer between that use and our residential use of R3.

1511
01:35:32,840 --> 01:35:36,160
 Thank you.

1512
01:35:36,160 --> 01:35:38,720
 Okay.

1513
01:35:38,720 --> 01:35:43,260
 Is there a card on this item, Billy Casper?

1514
01:35:43,260 --> 01:35:47,920
 Hi there.

1515
01:35:47,920 --> 01:35:50,560
 You don't have marked on the card in support or opposition.

1516
01:35:50,560 --> 01:35:53,320
 I don't want it changed.

1517
01:35:53,320 --> 01:35:54,320
 Okay.

1518
01:35:54,320 --> 01:35:55,320
 Thank you.

1519
01:35:55,320 --> 01:35:56,320
 Definitely.

1520
01:35:56,320 --> 01:35:57,320
 I'm Billy Anne Casper.

1521
01:35:57,320 --> 01:36:00,880
 I'm president of the homeowners of South Ridge Estates.

1522
01:36:00,880 --> 01:36:05,480
 I live in 2816 South Ridge Rd.

1523
01:36:05,480 --> 01:36:06,480
 Thank you.

1524
01:36:06,480 --> 01:36:14,100
 I was here in fuss when you all did the transition area that Jerry talked about, but we have

1525
01:36:14,100 --> 01:36:19,600
 objections to you all changing it to a highway corridor, no telling what we could get up

1526
01:36:19,600 --> 01:36:20,600
 there.

1527
01:36:20,600 --> 01:36:28,000
 The South side has already gotten so much commercial now, and you're just destroying

1528
01:36:28,000 --> 01:36:30,160
 our property values.

1529
01:36:30,160 --> 01:36:35,600
 We've already got a Buc-Ease at our back of our neighborhood, and now we could get just

1530
01:36:35,600 --> 01:36:39,200
 anything up there in front of us.

1531
01:36:39,200 --> 01:36:40,720
 I didn't receive a notice.

1532
01:36:40,720 --> 01:36:47,200
 I guess I'm more than 500 feet, but I can assure you that if this goes further, by the

1533
01:36:47,200 --> 01:36:53,920
 time we get to council, I'll knock on every door in my neighborhood and try to beseech

1534
01:36:53,920 --> 01:36:58,560
 you people to leave it as it is.

1535
01:36:58,560 --> 01:37:01,960
 We have enough commercial.

1536
01:37:01,960 --> 01:37:08,480
 On another subject, please, all this changes to apartments, apartments, apartments.

1537
01:37:08,480 --> 01:37:12,200
 We don't have the roads for all these things, and everybody keeps saying let's build another

1538
01:37:12,200 --> 01:37:13,200
 apartment.

1539
01:37:13,200 --> 01:37:19,240
 If you all are out on the roads, you know we're dying from it, but my main concern right

1540
01:37:19,240 --> 01:37:24,200
 now is please leave it just as it is.

1541
01:37:24,200 --> 01:37:25,920
 It's commercial.

1542
01:37:25,920 --> 01:37:30,760
 It doesn't need to be highway corridor because we could get all sorts of things, and I thank

1543
01:37:30,760 --> 01:37:31,760
 you.

1544
01:37:31,760 --> 01:37:34,080
 I have a question for you, Commissioner Pernetto.

1545
01:37:34,080 --> 01:37:40,800
 I just wanted to clarify with staff, because looking at the transition that we have right

1546
01:37:40,800 --> 01:37:47,880
 now, based on everything that's in there, I'm not really seeing the potential for there

1547
01:37:47,880 --> 01:37:51,720
 being any advantage to go into highway corridor.

1548
01:37:51,720 --> 01:37:55,960
 Knowing what's in there right now, we have restaurants, we allow restaurants, we allow

1549
01:37:55,960 --> 01:38:03,240
 alcohol sales, we allow a gas station and things like that.

1550
01:38:03,240 --> 01:38:10,080
 Somebody bought up the sexually oriented businesses, I don't see that being admissible to either

1551
01:38:10,080 --> 01:38:11,080
 one.

1552
01:38:11,080 --> 01:38:15,800
 A special exemption, I mean, you know, we just like to protect ourselves.

1553
01:38:15,800 --> 01:38:23,000
 But it actually can't, that one actually can't go in an HC, but I'm just kind of curious

1554
01:38:23,000 --> 01:38:29,760
 as to, and I guess Commissioner Smith kind of bought it up, we are simply doing this

1555
01:38:29,760 --> 01:38:33,760
 because it's along the highway, because right now everything that's in there and everything

1556
01:38:33,760 --> 01:38:37,720
 that's kind of set up to go in there would seem to make sense with maintaining this as

1557
01:38:37,720 --> 01:38:42,640
 an MN.

1558
01:38:42,640 --> 01:38:47,720
 That is the Commissioner's opinion.

1559
01:38:47,720 --> 01:38:53,840
 We certainly are recommending HC again, primarily that it's along I-35.

1560
01:38:53,840 --> 01:39:00,400
 You're actually correct, the uses that are there now are permitted in the MR and MN,

1561
01:39:00,400 --> 01:39:10,520
 so remember, there's two zoning districts that are in play, let me bring this up.

1562
01:39:10,520 --> 01:39:16,720
 The property has MR along the front and then has MN in these areas here.

1563
01:39:16,720 --> 01:39:23,320
 So we were trying to consolidate these zoning districts into one, and again, one of the

1564
01:39:23,320 --> 01:39:27,880
 reasons along I-35, we went to HC, but this is what we have today.

1565
01:39:27,880 --> 01:39:32,880
 They're both MR and MN as it is currently per the transition chart.

1566
01:39:32,880 --> 01:39:36,640
 So just out of curiosity, because I don't see it up there, I don't remember it off the

1567
01:39:36,640 --> 01:39:42,560
 top of my head, right across the street or across the highway from that, basically the

1568
01:39:42,560 --> 01:39:48,940
 businesses and everything that's in it looks fairly close in terms of their character,

1569
01:39:48,940 --> 01:39:55,800
 what are we putting in that center that's got the Burger King and the restaurants across

1570
01:39:55,800 --> 01:39:56,800
 the way?

1571
01:39:56,800 --> 01:40:05,560
 That's currently MR, if I'm not mistaken, MR, yes, makes use of regional.

1572
01:40:05,560 --> 01:40:06,560
 Okay.

1573
01:40:06,560 --> 01:40:07,560
 That's all I've got.

1574
01:40:07,560 --> 01:40:08,560
 Okay.

1575
01:40:08,560 --> 01:40:09,560
 Commissioner Smith.

1576
01:40:09,560 --> 01:40:10,560
 Thank you, Chair.

1577
01:40:10,560 --> 01:40:15,720
 Mr. Drake brought up the sexually oriented businesses, the right, you know, the print

1578
01:40:15,720 --> 01:40:21,520
 date and May 10th code that we have shows that the sexual oriented business is not allowed

1579
01:40:21,520 --> 01:40:24,360
 in HC nor is it allowed in MN or MN.

1580
01:40:24,360 --> 01:40:28,120
 It's really only allowed with a special use permit in HI, just to confirm, correct?

1581
01:40:28,120 --> 01:40:32,560
 So there is no worry that even if we did approve it as HC, there is no sexually oriented business

1582
01:40:32,560 --> 01:40:33,560
 allowed in HC.

1583
01:40:33,560 --> 01:40:35,720
 And I believe it's with a specific use permit in the HI.

1584
01:40:35,720 --> 01:40:39,400
 In the HI only, not in HC, which is not what we're voting on.

1585
01:40:39,400 --> 01:40:40,880
 We're voting on HC, correct?

1586
01:40:40,880 --> 01:40:41,880
 Correct.

1587
01:40:41,880 --> 01:40:43,360
 It's HC Highway Corridor.

1588
01:40:43,360 --> 01:40:45,000
 Thank you.

1589
01:40:45,000 --> 01:40:46,400
 Thank you.

1590
01:40:46,400 --> 01:40:49,280
 This is a public hearing.

1591
01:40:49,280 --> 01:40:57,040
 I don't have any other cards here, but anyone else wishing to speak on this item?

1592
01:40:57,040 --> 01:41:00,880
 Seeing none, I will close the public hearing and open the floor for discussion.

1593
01:41:00,880 --> 01:41:01,880
 Richard.

1594
01:41:01,880 --> 01:41:06,160
 If I just may add a little bit of, a little bit more background into this.

1595
01:41:06,160 --> 01:41:11,320
 I think one thing, it's important to note that one of the main differences between MN

1596
01:41:11,320 --> 01:41:18,040
 and MR to HC in MN and MR, multifamily is permitted by right.

1597
01:41:18,040 --> 01:41:19,920
 It's a P plus.

1598
01:41:19,920 --> 01:41:23,640
 Multifamily within the HC requires an SGP.

1599
01:41:23,640 --> 01:41:27,200
 And so I just wanted to also bring that up because I think it's worth noting and that

1600
01:41:27,200 --> 01:41:31,880
 was also part of that, part of that decision making and looking at our commercial areas

1601
01:41:31,880 --> 01:41:37,480
 and the possibility of it converting to multifamily in the future.

1602
01:41:37,480 --> 01:41:40,080
 Thank you, Richard.

1603
01:41:40,080 --> 01:41:41,080
 Commissioner Beck.

1604
01:41:41,080 --> 01:41:43,880
 Thank you, Vice Chair.

1605
01:41:43,880 --> 01:41:51,200
 Looking at HC, I understand the concern of the nearby neighborhoods in a more intense

1606
01:41:51,200 --> 01:41:59,000
 area, but looking at what's going in HC, slaughterhouses aren't allowed.

1607
01:41:59,000 --> 01:42:05,920
 Both high and medium impact manufacturing isn't allowed, low impact is and when we look

1608
01:42:05,920 --> 01:42:13,040
 at the definitions of that, that's something that could exist in an area like this.

1609
01:42:13,040 --> 01:42:18,560
 So I'm not sure, you know, if we were talking about light industrial or heavy industrial,

1610
01:42:18,560 --> 01:42:20,960
 yeah, obviously we wouldn't set that up over there.

1611
01:42:20,960 --> 01:42:26,600
 But Highway Corridor may intimate that there's going to be a lot of heavy duty stuff that's

1612
01:42:26,600 --> 01:42:31,000
 going to be negatively impacting neighborhoods, but it's not real obvious when we look at

1613
01:42:31,000 --> 01:42:34,320
 what actually is allowed and not allowed.

1614
01:42:34,320 --> 01:42:48,040
 So put a great big car lot up there.

1615
01:42:48,040 --> 01:42:51,960
 I mean, there's things in here that, I mean, we've already got enough commercial.

1616
01:42:51,960 --> 01:42:57,200
 Theoretically, you could, but basically, what's their restrict?

1617
01:42:57,200 --> 01:43:01,040
 Commissioner, did you have a question for him?

1618
01:43:01,040 --> 01:43:02,040
 Yes.

1619
01:43:02,040 --> 01:43:05,920
 We don't want a discussion as much as a question if you want to take a discussion.

1620
01:43:05,920 --> 01:43:07,880
 You're correct, Vice Chair.

1621
01:43:07,880 --> 01:43:09,320
 And I do understand the concern.

1622
01:43:09,320 --> 01:43:17,160
 I think, you know, my response to something that might be upsetting there is probably

1623
01:43:17,160 --> 01:43:22,760
 less likely to go in based on what's there now.

1624
01:43:22,760 --> 01:43:27,840
 Some things, I was trying to find SUPs, so if there was something really disruptive, we'd

1625
01:43:27,840 --> 01:43:31,480
 have a right to look at it through an SUP, but there weren't a lot of those.

1626
01:43:31,480 --> 01:43:34,520
 But I'm kind of torn between the two.

1627
01:43:34,520 --> 01:43:36,320
 I think HC would work.

1628
01:43:36,320 --> 01:43:43,360
 I don't see it being the threat to the neighborhood that's being expressed here, but just the

1629
01:43:43,360 --> 01:43:48,840
 concept itself can probably be a little intimidating, I understand that, too.

1630
01:43:48,840 --> 01:43:55,640
 I suspect I will go with this, but I'm willing to hear the rest of the commission's opinion

1631
01:43:55,640 --> 01:43:56,640
 on this.

1632
01:43:56,640 --> 01:43:57,640
 Thank you.

1633
01:43:57,640 --> 01:43:58,640
 Thank you, Commissioner Beck.

1634
01:43:58,640 --> 01:44:02,800
 I just wanted to say a couple words.

1635
01:44:02,800 --> 01:44:07,760
 There is merit for the discussion on this corner, and here's why, I think.

1636
01:44:07,760 --> 01:44:09,440
 It isn't just simply a parcel.

1637
01:44:09,440 --> 01:44:11,600
 I think that fronts I-35.

1638
01:44:11,600 --> 01:44:16,200
 What we have to look at is the rest of it and what's around it.

1639
01:44:16,200 --> 01:44:18,400
 The loop's even called something different on that side.

1640
01:44:18,400 --> 01:44:23,920
 It's called Lillian Miller because it changes from what that other side of 35 is going up

1641
01:44:23,920 --> 01:44:24,920
 the loop.

1642
01:44:24,920 --> 01:44:33,800
 It's very densely populated in that area, so I think there's definitely room for discussion

1643
01:44:33,800 --> 01:44:44,360
 on, perhaps, Highway Corridor on this corner doesn't quite fit the surrounding.

1644
01:44:44,360 --> 01:44:50,000
 What is the corner across Lillian Miller from this parcel?

1645
01:44:50,000 --> 01:44:51,520
 There's a jack in the box there.

1646
01:44:51,520 --> 01:44:56,000
 There's a failing strip center.

1647
01:44:56,000 --> 01:44:57,000
 Looks like it's MN.

1648
01:44:57,000 --> 01:45:06,760
 I'm not sure why we would propose something different on this corner that we're discussing.

1649
01:45:06,760 --> 01:45:10,520
 That's a thought that I'm having right now.

1650
01:45:10,520 --> 01:45:11,520
 Commissioner Pernetto.

1651
01:45:11,520 --> 01:45:17,640
 Yeah, and I just kind of wanted to echo that sentiment.

1652
01:45:17,640 --> 01:45:25,480
 Ron, as long as you're up there, the area that's immediately behind that, that's all

1653
01:45:25,480 --> 01:45:27,960
 single-family houses, correct?

1654
01:45:27,960 --> 01:45:29,680
 Immediately behind the shopping center.

1655
01:45:29,680 --> 01:45:35,360
 There is this parcel here, that's MN, and then there's this parcel here is also MN.

1656
01:45:35,360 --> 01:45:42,320
 I believe this is currently occupied by an assisted living facility, and then the south,

1657
01:45:42,320 --> 01:45:46,880
 directly south of the shopping center, is currently undeveloped.

1658
01:45:46,880 --> 01:45:53,440
 With the assisted living facility, then that would fall closer into, once again, what we're

1659
01:45:53,440 --> 01:45:59,120
 looking at for an MR or an MN.

1660
01:45:59,120 --> 01:46:00,120
 That's all I have.

1661
01:46:00,120 --> 01:46:01,120
 I'm sorry.

1662
01:46:01,120 --> 01:46:04,480
 I think your question answered my question.

1663
01:46:04,480 --> 01:46:06,480
 Commissioner Sanchez.

1664
01:46:06,480 --> 01:46:09,040
 Yeah, Ron.

1665
01:46:09,040 --> 01:46:19,040
 So the whole purpose of you trying to, when you look at the HC, is you're trying, along

1666
01:46:19,040 --> 01:46:28,280
 the 35, you're trying to make that more industrialized, I guess, commercial.

1667
01:46:28,280 --> 01:46:35,560
 More commercial, by definition, by, I guess, definition, is probably a better word.

1668
01:46:35,560 --> 01:46:38,040
 HC is auto-oriented.

1669
01:46:38,040 --> 01:46:44,680
 It's higher intense commercial in the sense that it allows for larger shopping centers,

1670
01:46:44,680 --> 01:46:45,680
 that sort of thing.

1671
01:46:45,680 --> 01:46:52,360
 If we look at the use table, there is, MR does have similar uses, and that's why you

1672
01:46:52,360 --> 01:46:59,560
 see we're proposing some of that along the highway, but this particular area is mainly

1673
01:46:59,560 --> 01:47:06,140
 commercial, and again, going back to what we initially discussed, it is along I-35.

1674
01:47:06,140 --> 01:47:10,680
 The other areas, we started off with HC.

1675
01:47:10,680 --> 01:47:17,200
 We made our way up, and when you see the next couple ones, they're also HC and they're adjacent

1676
01:47:17,200 --> 01:47:27,680
 to the highway, but no, we weren't trying to increase industrial, it was more meet or

1677
01:47:27,680 --> 01:47:33,880
 have the existing uses be suitable with the zoning that's there.

1678
01:47:33,880 --> 01:47:40,800
 Right, right, and you do see a lot of, I mean, that's where all your vehicle dealerships

1679
01:47:40,800 --> 01:47:41,800
 are.

1680
01:47:41,800 --> 01:47:42,800
 Right.

1681
01:47:42,800 --> 01:47:48,120
 Your big, like I said, Buc-E's, all the big stations, all the main stuff there on 35,

1682
01:47:48,120 --> 01:47:54,080
 so I guess my concern is, it's not really a concern, I guess.

1683
01:47:54,080 --> 01:48:02,360
 I'm trying to figure, you know, they brought up a lot of legitimate issues, but at the

1684
01:48:02,360 --> 01:48:11,040
 same time, I look at, that's, HC is one of the areas that along 35, that to me is, I

1685
01:48:11,040 --> 01:48:21,420
 guess you would say, those businesses, if we don't cater, if we don't look at 35 as

1686
01:48:21,420 --> 01:48:27,200
 important as a very commercial, where else would we put some of that?

1687
01:48:27,200 --> 01:48:28,200
 The commercial.

1688
01:48:28,200 --> 01:48:29,200
 The commercial.

1689
01:48:29,200 --> 01:48:30,200
 Yeah.

1690
01:48:30,200 --> 01:48:31,200
 Where else would we put it?

1691
01:48:31,200 --> 01:48:39,880
 It will be along corridors with an SC or in the area just to the north, again, where the

1692
01:48:39,880 --> 01:48:45,480
 den crossing is, I believe that's currently MR, so there are special areas, regional draw

1693
01:48:45,480 --> 01:48:53,280
 that would qualify for an MR, but along the highway, again, that kind of breaks the difference

1694
01:48:53,280 --> 01:48:58,480
 between the MRs and the HC is that this is along I-35.

1695
01:48:58,480 --> 01:48:59,480
 Right, right.

1696
01:48:59,480 --> 01:49:09,920
 And I think that's what makes that, I-35 is, to me, the, anything along 35 is very important,

1697
01:49:09,920 --> 01:49:14,560
 it should be highway corridor, and there's a whole slew of things you can put in there,

1698
01:49:14,560 --> 01:49:20,040
 and I just want to make that comment.

1699
01:49:20,040 --> 01:49:27,040
 Leaning towards going to HC, because I think it's very important to maintain that area

1700
01:49:27,040 --> 01:49:33,480
 along that corridor long-term for the future, I mean, we don't know what's going to happen

1701
01:49:33,480 --> 01:49:39,800
 there, but at the same time, it's important to realize that that is a corridor for 35

1702
01:49:39,800 --> 01:49:43,400
 in its very important commercial locations.

1703
01:49:43,400 --> 01:49:52,040
 Right, and just to reiterate, and Richard did bring up a good point, you know, the HC

1704
01:49:52,040 --> 01:49:59,280
 would not, would permit multifamily with a specific use permit, where in the MRN it would

1705
01:49:59,280 --> 01:50:01,240
 be permitted by right.

1706
01:50:01,240 --> 01:50:08,760
 Not that this is going to turn into multifamily, but that was one of the considerations.

1707
01:50:08,760 --> 01:50:09,760
 Commissioner Smith.

1708
01:50:09,760 --> 01:50:10,760
 Thank you, Chair.

1709
01:50:10,760 --> 01:50:18,240
 Ma'am, I didn't catch your name, I apologize, but can I ask you a quick question?

1710
01:50:18,240 --> 01:50:24,360
 His name is Casper, like the ghost, easy to remember.

1711
01:50:24,360 --> 01:50:26,480
 Casper, Ms. Casper, nice to meet you.

1712
01:50:26,480 --> 01:50:34,200
 The MN or MR, where there's the ability for there to be multifamily development there

1713
01:50:34,200 --> 01:50:40,080
 as representative or president of HOA, I think is what you said, is the HOA, I mean, have

1714
01:50:40,080 --> 01:50:41,080
 they thought about that?

1715
01:50:41,080 --> 01:50:46,480
 If there was not the HC, now that opens up the door to, by right, allowing multifamily

1716
01:50:46,480 --> 01:50:53,080
 apartment development there, if that was to happen, which may or may not, but.

1717
01:50:53,080 --> 01:50:57,760
 The way we feel about it right now is that we'd rather see it stay just like it is.

1718
01:50:57,760 --> 01:51:02,200
 If something else comes up, we figure that most of those people are going to stay in

1719
01:51:02,200 --> 01:51:09,600
 there and that owner is probably not going to, you know, change his tenants or if he

1720
01:51:09,600 --> 01:51:10,600
 does.

1721
01:51:10,600 --> 01:51:16,880
 We're figuring that we're not going to get, you know, a multifamily in there.

1722
01:51:16,880 --> 01:51:17,880
 Okay.

1723
01:51:17,880 --> 01:51:21,600
 And if it comes to that, we fought that before.

1724
01:51:21,600 --> 01:51:27,680
 Well, and that's the thing, is I think that if you argue for something other than HC,

1725
01:51:27,680 --> 01:51:31,600
 then there's not going to be really a chance to really fight multifamily, if that makes

1726
01:51:31,600 --> 01:51:35,440
 sense, because once it's permitted by right, that means they can tear down the building

1727
01:51:35,440 --> 01:51:40,040
 and build a multifamily as quickly as they want to without having to make a notification,

1728
01:51:40,040 --> 01:51:44,400
 whereas an HC, they would have to come before us with a specific use permit.

1729
01:51:44,400 --> 01:51:50,440
 And so I don't know if that's been thought about at all as an option for the HOA.

1730
01:51:50,440 --> 01:51:51,440
 So.

1731
01:51:51,440 --> 01:51:55,080
 I got to ask Jerry on that one.

1732
01:51:55,080 --> 01:51:56,080
 Okay.

1733
01:51:56,080 --> 01:51:57,080
 All right.

1734
01:51:57,080 --> 01:52:00,080
 Mr. Drake, would you like to address the question?

1735
01:52:00,080 --> 01:52:05,120
 I'm the president, he's the brain.

1736
01:52:05,120 --> 01:52:07,960
 Sometimes we say the same thing about the CND commission.

1737
01:52:07,960 --> 01:52:13,440
 I'm the interim vice president, while they're looking for another one, but, no, I think

1738
01:52:13,440 --> 01:52:21,860
 that I agree with Ms. Casper that what we have, and that's precisely what was presented

1739
01:52:21,860 --> 01:52:25,200
 to everybody back in April.

1740
01:52:25,200 --> 01:52:33,400
 There's no, you know, reason for it to up zone this at all to allow more intense uses.

1741
01:52:33,400 --> 01:52:39,520
 You know, we're already the one who got the brunt of Bucky's when it came through.

1742
01:52:39,520 --> 01:52:43,920
 It's that green one, the area that backs right up to us.

1743
01:52:43,920 --> 01:52:52,640
 And so it's like, gee, we're getting hit from all sides when this stuff comes up.

1744
01:52:52,640 --> 01:52:57,920
 And I think with multifamily, I'd sure prefer it to some of the more intense commercial

1745
01:52:57,920 --> 01:53:03,480
 uses, myself, as far as the traffic impact of multifamily is concerned.

1746
01:53:03,480 --> 01:53:10,840
 It looks to me like everybody's going to be going out onto I-35 or up over the loop.

1747
01:53:10,840 --> 01:53:13,640
 It's certainly not going to be running past our neighborhood.

1748
01:53:13,640 --> 01:53:14,640
 Great.

1749
01:53:14,640 --> 01:53:17,040
 Thank you, Mr. Drake.

1750
01:53:17,040 --> 01:53:23,940
 Ron Koski, quick question.

1751
01:53:23,940 --> 01:53:30,080
 The current zoning, does it allow multifamily by right or by with a specific use permit?

1752
01:53:30,080 --> 01:53:37,760
 It's permitted by right with use specific standards, but it's P plus.

1753
01:53:37,760 --> 01:53:38,760
 Gotcha.

1754
01:53:38,760 --> 01:53:41,360
 And then, okay, got it.

1755
01:53:41,360 --> 01:53:47,560
 And then what it was done, what it was put through in the draft with the R7 mix and whatnot

1756
01:53:47,560 --> 01:53:53,560
 in there, permitted by, if we did nothing, if we didn't even vote for it, would multifamily

1757
01:53:53,560 --> 01:53:55,400
 be permitted by right there?

1758
01:53:55,400 --> 01:54:03,280
 Per the transition chart, the area in the area eight would allow for multifamily by

1759
01:54:03,280 --> 01:54:04,280
 right.

1760
01:54:04,280 --> 01:54:05,280
 Gotcha.

1761
01:54:05,280 --> 01:54:06,280
 Okay.

1762
01:54:06,280 --> 01:54:10,760
 So what they voted, what they were expecting before this was proposed was, yes, we understand

1763
01:54:10,760 --> 01:54:13,360
 that multifamily by right could be allowed over there.

1764
01:54:13,360 --> 01:54:17,960
 So the neighborhood, from what Mr. Drake was approaching was that what was originally shown

1765
01:54:17,960 --> 01:54:23,320
 to us was what we wanted to stay, so that means that they were okay with multifamily

1766
01:54:23,320 --> 01:54:24,320
 at that time.

1767
01:54:24,320 --> 01:54:25,320
 It's just basically what I'm trying to break down.

1768
01:54:25,320 --> 01:54:28,180
 Well, no, I mean, let me just correct that real quick.

1769
01:54:28,180 --> 01:54:34,320
 With the Planning Zoning Commission on April 10th, there was a transition chart that had

1770
01:54:34,320 --> 01:54:40,360
 all of these areas that are currently MN as R7, however, between P and Z and City Council,

1771
01:54:40,360 --> 01:54:47,160
 there was an amendment to the transition chart, which now has these areas as MN.

1772
01:54:47,160 --> 01:54:55,240
 So before P and Z, it was R7, and that looks like it requires a specific use permit.

1773
01:54:55,240 --> 01:55:03,520
 But currently, as we have the transition chart, it is MN and MR, and it would be all out.

1774
01:55:03,520 --> 01:55:13,600
 The City-initiated change to HC here, was that discussion brought up by a current tenant

1775
01:55:13,600 --> 01:55:14,600
 over there?

1776
01:55:14,600 --> 01:55:19,480
 Because I know it's a City-initiated, so was it just something that was identified?

1777
01:55:19,480 --> 01:55:22,920
 Was any tenants discussed with this about it being an HC?

1778
01:55:22,920 --> 01:55:23,920
 That's a good question.

1779
01:55:23,920 --> 01:55:31,120
 No, this was our staff's review and evaluation as we went up I-35 and identified areas that

1780
01:55:31,120 --> 01:55:33,200
 would be suitable for an HC.

1781
01:55:33,200 --> 01:55:36,640
 So there was no current property owner that was looking at that saying, "We needed to

1782
01:55:36,640 --> 01:55:39,520
 be more of an HC," or something like that, and then the City said, "Yeah, we kind of

1783
01:55:39,520 --> 01:55:40,520
 agree with you.

1784
01:55:40,520 --> 01:55:41,520
 We would make this a City-initiated."

1785
01:55:41,520 --> 01:55:42,520
 No, sir.

1786
01:55:42,520 --> 01:55:45,480
 It was our county staff's evaluation of the area.

1787
01:55:45,480 --> 01:55:46,480
 Gotcha.

1788
01:55:46,480 --> 01:55:47,480
 Okay.

1789
01:55:47,480 --> 01:55:48,480
 Understand.

1790
01:55:48,480 --> 01:55:49,480
 Thank you.

1791
01:55:49,480 --> 01:55:50,480
 Commissioner Beck.

1792
01:55:50,480 --> 01:55:52,080
 Thank you, Vice Chair.

1793
01:55:52,080 --> 01:55:58,040
 Ron, the area that was R7, is that what's MN now?

1794
01:55:58,040 --> 01:55:59,040
 Correct.

1795
01:55:59,040 --> 01:56:00,040
 Okay.

1796
01:56:00,040 --> 01:56:06,960
 So there still is a buffer of sorts between the highway corridor and this R3 residential

1797
01:56:06,960 --> 01:56:07,960
 neighborhood?

1798
01:56:07,960 --> 01:56:08,960
 Correct.

1799
01:56:08,960 --> 01:56:10,800
 The area that's here and here.

1800
01:56:10,800 --> 01:56:15,880
 Is there enough similarity between the R7 and the MN to...?

1801
01:56:15,880 --> 01:56:21,480
 Well, the MN is obviously mixed-use, it's outside of the residential, but they're right

1802
01:56:21,480 --> 01:56:22,880
 next to each other.

1803
01:56:22,880 --> 01:56:25,840
 It would be a little bit more commercial than the R7.

1804
01:56:25,840 --> 01:56:26,840
 Okay.

1805
01:56:26,840 --> 01:56:28,840
 But the R7 has some mixed-use also.

1806
01:56:28,840 --> 01:56:31,920
 It has some, but obviously MN is a little bit more.

1807
01:56:31,920 --> 01:56:32,920
 Okay.

1808
01:56:32,920 --> 01:56:33,920
 Great.

1809
01:56:33,920 --> 01:56:34,920
 Thank you.

1810
01:56:34,920 --> 01:56:35,920
 But that's not what we're considering.

1811
01:56:35,920 --> 01:56:38,360
 I just want to make clear that what we're talking about is the shopping center and not

1812
01:56:38,360 --> 01:56:39,360
 these parcels.

1813
01:56:39,360 --> 01:56:40,360
 No, I understand.

1814
01:56:40,360 --> 01:56:41,360
 Okay.

1815
01:56:41,360 --> 01:56:42,360
 I just wanted that point for my own clarification.

1816
01:56:42,360 --> 01:56:43,360
 Okay.

1817
01:56:43,360 --> 01:56:44,360
 Thank you.

1818
01:56:44,360 --> 01:56:50,600
 Just some more thoughts here for the commissioners.

1819
01:56:50,600 --> 01:56:55,560
 It seems to me that enough food for thought has been brought up on this one, that maybe

1820
01:56:55,560 --> 01:57:02,400
 it warrants a kickback to maybe the DCRC to staff for further discussion here, that maybe

1821
01:57:02,400 --> 01:57:06,560
 we would want to perhaps not vote on this one today.

1822
01:57:06,560 --> 01:57:12,460
 I'm just putting that out there for you all to consider.

1823
01:57:12,460 --> 01:57:20,080
 For me, there's enough thoughts for me to vote no on Highway Corridor at this moment.

1824
01:57:20,080 --> 01:57:23,360
 For me, Bucky's is misplaced here.

1825
01:57:23,360 --> 01:57:30,360
 We don't need it necessarily mimicking in what I consider a mistake in that area.

1826
01:57:30,360 --> 01:57:34,760
 I think enough thoughts merit further discussion.

1827
01:57:34,760 --> 01:57:38,880
 That's an opinion I have.

1828
01:57:38,880 --> 01:57:39,880
 Commissioner Smith.

1829
01:57:39,880 --> 01:57:50,480
 I will move to adopt this as a zoning change to MN rather than HC.

1830
01:57:50,480 --> 01:58:00,800
 Yeah.

1831
01:58:00,800 --> 01:58:01,800
 Commissioner Preneta.

1832
01:58:01,800 --> 01:58:05,400
 I would second that.

1833
01:58:05,400 --> 01:58:15,600
 So we have a motion on the floor to change the zoning to MN.

1834
01:58:15,600 --> 01:58:16,600
 Commissioner Beck.

1835
01:58:16,600 --> 01:58:20,040
 With that motion, I'm probably going to vote no.

1836
01:58:20,040 --> 01:58:24,960
 So I would be more in favor if we postpone this and discuss it some more, because I'm

1837
01:58:24,960 --> 01:58:33,180
 looking at long-term, I agree with Commissioner Sanchez, that Highway Corridor looks at the

1838
01:58:33,180 --> 01:58:37,680
 future of this area, and that's why I'm thinking this probably is the right one.

1839
01:58:37,680 --> 01:58:39,560
 It doesn't look good to some people right now.

1840
01:58:39,560 --> 01:58:45,600
 I understand that completely, but I would have to vote no on this motion, so I would

1841
01:58:45,600 --> 01:58:51,840
 make a motion to postpone to a date certain, one month from now.

1842
01:58:51,840 --> 01:59:02,240
 Maybe indefinitely, perhaps, since we wouldn't know exactly when the discussion will be had.

1843
01:59:02,240 --> 01:59:10,400
 So do we have a second to postpone indefinitely?

1844
01:59:10,400 --> 01:59:11,400
 Commissioner Cole.

1845
01:59:11,400 --> 01:59:13,560
 I'll second.

1846
01:59:13,560 --> 01:59:29,880
 That motion does supersede the first motion, so we will vote to postpone indefinitely.

1847
01:59:29,880 --> 01:59:44,560
 Call for a vote on the board.

1848
01:59:44,560 --> 01:59:50,560
 That motion will carry 6-0.

1849
01:59:50,560 --> 01:59:51,560
 Thank you.

1850
01:59:51,560 --> 02:00:10,600
 We'll move on to our legal re-join, and then we will move forward.

1851
02:00:10,600 --> 02:00:14,040
 We will move further down our agenda.

1852
02:00:14,040 --> 02:00:24,320
 I will now open the public hearings for items B through Y, excluding items I and J. I will

1853
02:00:24,320 --> 02:00:31,320
 open the public hearings for agenda items B through Y, excluding items I and J, and Ron

1854
02:00:31,320 --> 02:00:34,320
 will continue presentation.

1855
02:00:34,320 --> 02:00:38,120
 Thank you, Madam Chair, members of the commission.

1856
02:00:38,120 --> 02:00:43,880
 Moving along with Area 1, we're going to begin with the southernmost area.

1857
02:00:43,880 --> 02:00:51,480
 This is an area on the southeast corner of Shady Shore and Lake View, which is comprised

1858
02:00:51,480 --> 02:00:56,160
 of a 1.8-acre, 1.89-acre.

1859
02:00:56,160 --> 02:01:07,480
 The area is currently owned and contains some use of the Bill Utterford dealership.

1860
02:01:07,480 --> 02:01:10,280
 Staff is proposing to change this to HC.

1861
02:01:10,280 --> 02:01:16,160
 The use of Bill Utterford is automotive sales and leasing.

1862
02:01:16,160 --> 02:01:21,200
 By changing this to HC, it would make the use conforming.

1863
02:01:21,200 --> 02:01:28,080
 The proximity of the parcel is located in close proximity to I-35E, and staff has not

1864
02:01:28,080 --> 02:01:34,020
 received any responses regarding this area.

1865
02:01:34,020 --> 02:01:37,280
 Area 2 is north of what we just saw.

1866
02:01:37,280 --> 02:01:44,160
 It is proposed to go from RCCD to HC, Highway Corridor, Zoning District.

1867
02:01:44,160 --> 02:01:47,200
 It is approximately 35.61 acres.

1868
02:01:47,200 --> 02:01:55,080
 It contains a number of uses and businesses, including United Rental, Explore USA RV Super

1869
02:01:55,080 --> 02:02:01,560
 Center, the Eckert Hyundai, and Classic Pre-Owned dealership as well.

1870
02:02:01,560 --> 02:02:08,840
 Again, similar to the Bill Utterford, automotive sales and leasing use would be conforming

1871
02:02:08,840 --> 02:02:20,380
 with the change to HC, as it is not permitted in the transition change from MR to HC.

1872
02:02:20,380 --> 02:02:25,960
 The other uses identified would have no other changes to their status, and again, staff

1873
02:02:25,960 --> 02:02:29,800
 has not received any responses.

1874
02:02:29,800 --> 02:02:36,880
 Area 3, moving north on the other side of I-35, we've got a larger parcel, or parcels,

1875
02:02:36,880 --> 02:02:47,360
 larger area, approximately 74 acres, proposed to go from RCCN and RCCD to Highway Corridor,

1876
02:02:47,360 --> 02:02:52,480
 generally located on the southeast corner of I-35 and State School Road.

1877
02:02:52,480 --> 02:02:58,120
 Contains a number of dealerships, the James Wood dealerships, Honda of Den, and Toyota

1878
02:02:58,120 --> 02:02:59,240
 of Den, that is.

1879
02:02:59,240 --> 02:03:06,040
 We also have a medical office on the corner that treats cancer, it's a cancer center.

1880
02:03:06,040 --> 02:03:11,240
 Staff is proposing HC, similar to what was across the highway.

1881
02:03:11,240 --> 02:03:17,840
 It will permit automotive sales and leasing by right, which would make them conforming.

1882
02:03:17,840 --> 02:03:24,780
 The change of the other uses would not affect their statuses, and then we did receive two

1883
02:03:24,780 --> 02:03:30,160
 responses in favor, and those were presented to the Planning and Zoning Commission earlier

1884
02:03:30,160 --> 02:03:31,160
 today.

1885
02:03:31,160 --> 02:03:36,120
 I believe those two were from the James Wood dealership.

1886
02:03:36,120 --> 02:03:42,840
 Area 4 is an area that is occupied by the Eckerd-Honday Pre-Owned dealership, approximately

1887
02:03:42,840 --> 02:03:45,500
 0.8 acres.

1888
02:03:45,500 --> 02:03:51,080
 It's proposed to go from RCR1 to MR.

1889
02:03:51,080 --> 02:03:56,680
 What staff is proposing is that it go to MR to match and be consistent with the surrounding

1890
02:03:56,680 --> 02:03:59,200
 zoning of the area.

1891
02:03:59,200 --> 02:04:05,640
 The area that you see to the north, east, and west, even across the street, is MR, therefore

1892
02:04:05,640 --> 02:04:12,200
 staff is proposing a mixed-use regional zoning district for this area, or this parcel, and

1893
02:04:12,200 --> 02:04:14,440
 staff has not received any responses.

1894
02:04:14,440 --> 02:04:24,920
 Area 5 is the area just south of I-35, just on the north, sorry, south east.

1895
02:04:24,920 --> 02:04:28,600
 It's kind of angled here, so I really can't really describe it clearly, but you can see

1896
02:04:28,600 --> 02:04:35,160
 here is currently the area north of the Unicorn Lake development, mixed-use development, contains

1897
02:04:35,160 --> 02:04:42,440
 the Chewie's, BJ's, Bone Daddy's, restaurants, and a number of other businesses.

1898
02:04:42,440 --> 02:04:48,760
 And of clarification, we did receive a response from the property owner that owns this area

1899
02:04:48,760 --> 02:04:52,760
 here that's shown in the dash dotted line.

1900
02:04:52,760 --> 02:04:59,920
 We are requesting that that parcel be removed from this consideration, which would only

1901
02:04:59,920 --> 02:05:07,960
 consist of the area outlined in yellow, which consists of approximately 36.66 acres.

1902
02:05:07,960 --> 02:05:14,120
 Staff is proposing that these parcels within Area 5 be zoned HC.

1903
02:05:14,120 --> 02:05:22,200
 Again, changes in this area uses-wise would not be changed or affected, and staff has

1904
02:05:22,200 --> 02:05:29,640
 not received any responses except for the one that was discussed earlier.

1905
02:05:29,640 --> 02:05:36,440
 Area 6 is a parcel, or parcels, there's two of them, approximately 7.3 acres, which consists

1906
02:05:36,440 --> 02:05:38,640
 of the shoreline apartments.

1907
02:05:38,640 --> 02:05:42,740
 This is within the Unicorn Lake development.

1908
02:05:42,740 --> 02:05:50,720
 Staff is proposing that this go from RCR 2 to an MR zoning district and use classification.

1909
02:05:50,720 --> 02:05:57,400
 The area here is shown in this solid black line, and you can see that it is surrounded

1910
02:05:57,400 --> 02:05:59,600
 by MR on all sides.

1911
02:05:59,600 --> 02:06:04,400
 Staff is recommending that be MR to be consistent with the surrounding zoning districts.

1912
02:06:04,400 --> 02:06:07,660
 Staff has not received any notices.

1913
02:06:07,660 --> 02:06:14,400
 Area 7, very similar in that it is going from a zoning district, in this case RCR 1 and

1914
02:06:14,400 --> 02:06:18,320
 RCR 2, to a mixed-use regional MR.

1915
02:06:18,320 --> 02:06:26,040
 It is two different apartments, the Ridge at North Texas and Pace Crossings.

1916
02:06:26,040 --> 02:06:32,000
 The proposal is to go to MR to be consistent with the surrounding zoning districts in the

1917
02:06:32,000 --> 02:06:41,320
 area, and by going to MR, it would allow for the multifamilies to remain and be conforming

1918
02:06:41,320 --> 02:06:46,360
 with the proposed MR zoning district.

1919
02:06:46,360 --> 02:06:51,600
 Staff has not received any responses on this area, within this area.

1920
02:06:51,600 --> 02:06:55,640
 Area 9 we are going to be considering at a later date.

1921
02:06:55,640 --> 02:07:00,760
 Area 10 is an area between Dallas Drive and I-35.

1922
02:07:00,760 --> 02:07:06,280
 Currently it is ECC, proposed to go to SC, Suburban Corridor.

1923
02:07:06,280 --> 02:07:14,080
 Staff is recommending Suburban Corridor, primarily because it is fronting the Dallas Drive corridor.

1924
02:07:14,080 --> 02:07:19,720
 All of the businesses there currently have their main access off of Dallas Drive, and

1925
02:07:19,720 --> 02:07:25,920
 they consist of a number of different uses, including a hotel, a gas station or automotive

1926
02:07:25,920 --> 02:07:32,440
 sales, and also other apartments.

1927
02:07:32,440 --> 02:07:39,980
 Area 10, again SC, primarily fronting Dallas Drive, and is accessible from Dallas Drive.

1928
02:07:39,980 --> 02:07:45,800
 Staff did receive one response, and that was in favor.

1929
02:07:45,800 --> 02:07:52,720
 Area 11, just in the same general vicinity, is along I-35, is being proposed to go to

1930
02:07:52,720 --> 02:07:53,720
 HC.

1931
02:07:53,720 --> 02:08:01,680
 It is approximately 3.49 acres, contains a Wells Fargo bank and a Hooters restaurant.

1932
02:08:01,680 --> 02:08:07,160
 Staff is recommending an HC zoning district, primarily because it is fronting I-35, and

1933
02:08:07,160 --> 02:08:13,000
 the uses are consistent with the zoning district's allowed uses.

1934
02:08:13,000 --> 02:08:18,040
 No responses were received by staff on this area.

1935
02:08:18,040 --> 02:08:23,440
 Area 12, just to the west, similar in that it is an existing shopping center.

1936
02:08:23,440 --> 02:08:28,760
 It has a number of uses, it is referred to as the Den Square Shopping Center.

1937
02:08:28,760 --> 02:08:31,480
 It's approximately 9.3 acres.

1938
02:08:31,480 --> 02:08:37,840
 Staff is recommending an HC Highway Corridor, primary frontage along I-35, and staff has

1939
02:08:37,840 --> 02:08:43,720
 not received any responses in favor or in opposition.

1940
02:08:43,720 --> 02:08:51,240
 Area 13, moving to the west, northwest, staff is recommending a zoning change from NRMU

1941
02:08:51,240 --> 02:08:58,280
 to SC on approximately 17.7 acres, generally located just as you can see here, south of

1942
02:08:58,280 --> 02:09:03,240
 I-35 and east of Teasley Lane.

1943
02:09:03,240 --> 02:09:11,520
 Number of uses from offices to car wash to an automotive sales establishment in the form

1944
02:09:11,520 --> 02:09:14,400
 of Exxon.

1945
02:09:14,400 --> 02:09:21,360
 Staff is recommending SC, and you probably are asking, "Why is an SC along I-35?"

1946
02:09:21,360 --> 02:09:30,360
 We recognize that SC is more of a lesser intensity, and the uses there already are allowed under

1947
02:09:30,360 --> 02:09:31,360
 the SC.

1948
02:09:31,360 --> 02:09:38,520
 It would also allow for the uses in the form of the parking lot, the auto wash, and the

1949
02:09:38,520 --> 02:09:44,200
 motel uses to be conforming under the SC zoning district.

1950
02:09:44,200 --> 02:09:50,480
 We did receive one response in favor for this zoning change.

1951
02:09:50,480 --> 02:09:58,400
 Area 14, downtown Commercial General to HC, approximately 6.2 acres, contains the Point

1952
02:09:58,400 --> 02:10:00,120
 Bank, KFC, and Pizza Hut.

1953
02:10:00,120 --> 02:10:06,480
 If you're familiar with that corner, including the Bronze and the 7-Eleven, staff is recommending

1954
02:10:06,480 --> 02:10:14,200
 that also be proposed to be HC as it fronts I-35 and has mainly access off of I-35, no

1955
02:10:14,200 --> 02:10:18,000
 responses on this area.

1956
02:10:18,000 --> 02:10:22,240
 Area 15 is along Teasley Lane.

1957
02:10:22,240 --> 02:10:27,680
 It contains a number of uses, primarily non-residential, more commercial.

1958
02:10:27,680 --> 02:10:30,560
 Suburban Corridor is the proposed zoning district.

1959
02:10:30,560 --> 02:10:35,920
 The area does front Teasley Lane as well as Dow's Drive, and staff has not received any

1960
02:10:35,920 --> 02:10:37,680
 responses.

1961
02:10:37,680 --> 02:10:44,000
 16, on the south side, on the other side of the highway, along Londonderry, if you're

1962
02:10:44,000 --> 02:10:47,160
 familiar with this area, it does contain a mix of uses.

1963
02:10:47,160 --> 02:10:54,840
 Staff is proposing an SC zoning district as it is adjacent to SC to the north and the

1964
02:10:54,840 --> 02:10:57,520
 South Lakes and McMath Mills School to the south.

1965
02:10:57,520 --> 02:11:04,640
 SC does allow for parking lot as a principal use, medical office, indoor recreation, and

1966
02:11:04,640 --> 02:11:08,240
 restaurants, which are existing uses there now.

1967
02:11:08,240 --> 02:11:12,800
 By going to SC, it would make those uses conforming.

1968
02:11:12,800 --> 02:11:15,960
 Staff has not received any responses.

1969
02:11:15,960 --> 02:11:24,160
 Area 17, to the west of what we just saw, is proposed to go from NRME 12 and CMG to

1970
02:11:24,160 --> 02:11:26,720
 MN, Mixed Use Neighborhood.

1971
02:11:26,720 --> 02:11:29,440
 The area there is primarily multi-family.

1972
02:11:29,440 --> 02:11:37,320
 By going to an MN zoning district, it would make the medical office a conforming use.

1973
02:11:37,320 --> 02:11:42,000
 All the other uses mentioned would be permitted and their statuses would not change.

1974
02:11:42,000 --> 02:11:46,680
 No responses for area 17.

1975
02:11:46,680 --> 02:11:52,480
 Area 18 is zoning change request to go from CMG to MN.

1976
02:11:52,480 --> 02:11:58,720
 Currently, it is occupied, as you can see, by multi-family or apartments.

1977
02:11:58,720 --> 02:12:04,520
 Both the Studio Place apartments and the Salem Ridge apartments occupy this area.

1978
02:12:04,520 --> 02:12:11,120
 Changing it to MN would not change the status of the zoning, however, to be consistent with

1979
02:12:11,120 --> 02:12:18,080
 the zoning of the area and to also create a transition between the HC along I-35 and

1980
02:12:18,080 --> 02:12:21,400
 as you move south, MN is proposed.

1981
02:12:21,400 --> 02:12:26,720
 There were no responses received as of this afternoon.

1982
02:12:26,720 --> 02:12:33,480
 Area 19, moving north again on I-35, this is an area that contains a hotel, the Hampton

1983
02:12:33,480 --> 02:12:39,560
 Inn Suites of Den, a bank, two restaurants, Johnny Carino's and Chuck E. Cheese.

1984
02:12:39,560 --> 02:12:46,600
 It's on the corner of I-35 and Allegra Vista, or Center Place, that is.

1985
02:12:46,600 --> 02:12:54,020
 Staff's proposing HC as it fronts I-35 and the uses again would be conforming or suitable

1986
02:12:54,020 --> 02:13:05,440
 for the HC zoning district and, again, be consistent with the surrounding environment.

1987
02:13:05,440 --> 02:13:08,280
 No public hearing notices were received.

1988
02:13:08,280 --> 02:13:16,680
 Area 20, again to the west of this area, similarly, it is HC proposed from a DCG zoning district.

1989
02:13:16,680 --> 02:13:25,480
 The uses there are in line with a highway corridor uses where there are moving and storage

1990
02:13:25,480 --> 02:13:31,800
 business, a restaurant and a bar, as well as retail, general retail, currently, within

1991
02:13:31,800 --> 02:13:39,560
 area 20, primarily fronts I-35 and no responses were received for this area.

1992
02:13:39,560 --> 02:13:42,160
 Area 21, we're getting close to 24.

1993
02:13:42,160 --> 02:13:46,240
 Area 21 is along Fort Worth Drive.

1994
02:13:46,240 --> 02:13:52,800
 It consists of 23.16 acres, a number of uses, I'm not going to read the names of the businesses,

1995
02:13:52,800 --> 02:13:58,680
 but you see that there are apartments, retail, restaurants, and the reason that staff is

1996
02:13:58,680 --> 02:14:04,520
 recommending that this be rezoned or changed to SC is that Fort Worth Drive is considered

1997
02:14:04,520 --> 02:14:13,280
 corridor and it contains higher design standards, but with that, most of the businesses do front

1998
02:14:13,280 --> 02:14:19,840
 Fort Worth Drive, changing the use of SC would be consistent with the area.

1999
02:14:19,840 --> 02:14:27,320
 No response, I'm sorry, two responses were received for this area, both in favor.

2000
02:14:27,320 --> 02:14:33,980
 Area 22, just south of area 21, this is a little different in that it is fronting I-35.

2001
02:14:33,980 --> 02:14:40,840
 There are two businesses there now, Impress Graphics and BBVA Campus, or Compass Bank,

2002
02:14:40,840 --> 02:14:46,640
 and also will be a future McDonald's restaurant site, as it will be in the general area shown

2003
02:14:46,640 --> 02:14:50,880
 here, just south of those two businesses.

2004
02:14:50,880 --> 02:14:55,400
 Staff's recommending HC, again, it fronts I-35 and the businesses are consistent and

2005
02:14:55,400 --> 02:14:59,640
 suitable for an HSC zoning district.

2006
02:14:59,640 --> 02:15:06,840
 Area 23, similar to area 21, suburban corridor, it does front Fort Worth Drive, the uses are

2007
02:15:06,840 --> 02:15:12,720
 permitted in the SC, the status would not change their uses.

2008
02:15:12,720 --> 02:15:20,920
 Fronts in access from Fort Worth, staff received one response in favor for this area.

2009
02:15:20,920 --> 02:15:28,280
 Last is area 24, this is along I-35, where there is a Valero, a Water Burger, and a religious

2010
02:15:28,280 --> 02:15:35,360
 assembly, as well as a motel, Studio 6 Den UNT, it's located in this area.

2011
02:15:35,360 --> 02:15:42,800
 The proposal is to go to HC, again, HC would be consistent with the surrounding environment

2012
02:15:42,800 --> 02:15:47,160
 as it is along I-35 and the businesses are suitable.

2013
02:15:47,160 --> 02:15:51,760
 No responses were received for this item or for this area.

2014
02:15:51,760 --> 02:15:56,200
 That concludes my presentation, staff does recommend approval of those areas identified

2015
02:15:56,200 --> 02:16:03,240
 or discussed and presented, I'll be happy to stand in for any questions.

2016
02:16:03,240 --> 02:16:07,920
 I don't see any at this time, Ron, thank you for your thorough and very organized presentation.

2017
02:16:07,920 --> 02:16:08,920
 Appreciate it.

2018
02:16:08,920 --> 02:16:10,360
 Thank you.

2019
02:16:10,360 --> 02:16:11,360
 This is a public hearing.

2020
02:16:11,360 --> 02:16:26,740
 I do have some cards wishing to speak on the area three, is Jimmy Robinson?

2021
02:16:26,740 --> 02:16:29,840
 Come down and state your name and address and your time will begin.

2022
02:16:29,840 --> 02:16:37,840
 Good evening, my name is Jimmy Robinson, and me and my wife are outside at 3505-516 Court,

2023
02:16:37,840 --> 02:16:42,960
 and I want to assure you James Wood is a good neighbor.

2024
02:16:42,960 --> 02:16:48,000
 We have concerns, though, and, of course, more information should have been provided

2025
02:16:48,000 --> 02:16:53,640
 to us, you know, as far as the changes.

2026
02:16:53,640 --> 02:16:57,920
 But we have concerns, are you guys familiar with the area, the creek down there, the green

2027
02:16:57,920 --> 02:17:00,300
 belt?

2028
02:17:00,300 --> 02:17:03,760
 We're right down there, we live on Wessex Court on the cul-de-sac in the back of our

2029
02:17:03,760 --> 02:17:10,920
 property on that creek, and we're on a very, very low spot down there, and if you look

2030
02:17:10,920 --> 02:17:15,000
 at James Wood, I've got some pictures here, you can keep these things if you want to.

2031
02:17:15,000 --> 02:17:22,400
 I took some of them from the back of the house, I took some of them on the James Wood's property

2032
02:17:22,400 --> 02:17:26,080
 and I took some, you know, down in the creek, give you an idea where they're from, you're

2033
02:17:26,080 --> 02:17:30,680
 welcome to keep them, give you an idea what I'm talking about, but we're on the low side

2034
02:17:30,680 --> 02:17:35,220
 of that creek, and when they put Unicorn Lake in years ago, I guess, you know, a lot of

2035
02:17:35,220 --> 02:17:40,920
 that water was displaced under that creek, and they put us in a flood zone, and I'm like,

2036
02:17:40,920 --> 02:17:46,360
 "Sis, get out of the flood zone," but I don't think it's going to happen, but the more concrete

2037
02:17:46,360 --> 02:17:51,120
 you put in there, the more the water's going to come up, in fact, that's happened over

2038
02:17:51,120 --> 02:17:58,440
 there when they put the Buckees in and the Holiday Inn, and these are my concerns, that

2039
02:17:58,440 --> 02:17:59,440
 need to be addressed.

2040
02:17:59,440 --> 02:18:05,160
 You don't want to go to rezoning places, that, you know, we look out for that green belt.

2041
02:18:05,160 --> 02:18:09,680
 Also, I mean, we need a sound barrier back there, too.

2042
02:18:09,680 --> 02:18:15,720
 I know we have one, they've done a lot of infrastructure work, they put a pipeline back

2043
02:18:15,720 --> 02:18:21,920
 here that goes back up under I-35, I believe, and back around behind James Wood.

2044
02:18:21,920 --> 02:18:25,640
 Before they did that, you know, we actually had sewer, raw sewage rising in the street

2045
02:18:25,640 --> 02:18:29,420
 over there on the cul-de-sac, so that's been correct, and of course, you know, the bridge

2046
02:18:29,420 --> 02:18:33,240
 out there, you know, is correct a little bit, but we still have a drainage problem, and

2047
02:18:33,240 --> 02:18:37,840
 we, it's, we're in a flood area, and what's happened, the reason we got in that flood

2048
02:18:37,840 --> 02:18:44,560
 area is because of the development, and, you know, it's, it's just something that happens,

2049
02:18:44,560 --> 02:18:51,320
 but these are the concerns I have, and the other one is, is the wildlife issues.

2050
02:18:51,320 --> 02:18:55,640
 We have a lot of wildlife down there in that, in the, in the green belt area.

2051
02:18:55,640 --> 02:19:00,880
 I've seen a beaver come up the creek, we've got coyotes, a herd of hogs being down there,

2052
02:19:00,880 --> 02:19:05,120
 we've got a red-tailed hawk that hangs out in the backyard, I know we've got a bobcat

2053
02:19:05,120 --> 02:19:09,880
 down there somewhere, you know, we're displacing these animals, you know, what do you do with

2054
02:19:09,880 --> 02:19:10,880
 development?

2055
02:19:10,880 --> 02:19:15,400
 So these are things I think the plan and the zoning commission need to look at, you know,

2056
02:19:15,400 --> 02:19:22,000
 when they're rezoning, and, you know, I hope you guys, you know, take a look at it from

2057
02:19:22,000 --> 02:19:27,320
 our point of view when you make your decisions on, on, on what to do and how to move forward,

2058
02:19:27,320 --> 02:19:31,480
 and again, let me assure you, James Wood is a great neighbor, so, and that's it.

2059
02:19:31,480 --> 02:19:32,480
 Great.

2060
02:19:32,480 --> 02:19:33,480
 Thank you.

2061
02:19:33,480 --> 02:19:34,480
 We do have a question for you.

2062
02:19:34,480 --> 02:19:36,480
 Yeah, I do have, I do have one more thing I want to add.

2063
02:19:36,480 --> 02:19:37,480
 Okay.

2064
02:19:37,480 --> 02:19:44,920
 This map, it's a little, it's, it's, it's somewhat deceiving here, because this creek.

2065
02:19:44,920 --> 02:19:49,040
 Sir, do you want to put it on this X and we will get it put up here for us to see?

2066
02:19:49,040 --> 02:19:50,040
 What now?

2067
02:19:50,040 --> 02:19:51,040
 Put it on that dot?

2068
02:19:51,040 --> 02:19:52,040
 Yeah.

2069
02:19:52,040 --> 02:19:53,040
 Okay.

2070
02:19:53,040 --> 02:19:54,040
 And then we can bring it up here.

2071
02:19:54,040 --> 02:19:55,040
 I want somebody to do this here.

2072
02:19:55,040 --> 02:19:59,960
 This creek that runs down here, okay, it goes back up under I-35, somewhere, if I'm not

2073
02:19:59,960 --> 02:20:04,800
 mistaken, there's a pond back down there somewhere, and, and, and I believe the city of Corinth

2074
02:20:04,800 --> 02:20:11,880
 was probably responsible for part of that grain belt down there, but it, it starts over

2075
02:20:11,880 --> 02:20:16,880
 here, back over here at Unicorn Lake, back up here somewhere, and it goes along State

2076
02:20:16,880 --> 02:20:20,360
 School and it goes under that bridge, and of course, you know, we get a lot of drainage

2077
02:20:20,360 --> 02:20:26,120
 from those lakes over there at Unicorn Lake also, but it goes back down to, if I look

2078
02:20:26,120 --> 02:20:32,000
 at it correctly, and, and I could be mistaken, it appears that it goes back under I-35 somewhere

2079
02:20:32,000 --> 02:20:38,680
 down there where they're building that new car max in, in Unicorn, down there in Corinth,

2080
02:20:38,680 --> 02:20:44,880
 but, you know, personally, what I like to see is the buffer zone, you know, away from

2081
02:20:44,880 --> 02:20:50,340
 that creek a little bit, but anyway, you guys have my, my point of view and I thank you

2082
02:20:50,340 --> 02:20:51,880
 guys very, very much.

2083
02:20:51,880 --> 02:20:52,880
 Thank you, Mr. Robinson.

2084
02:20:52,880 --> 02:20:55,120
 We do have a question for you, Commissioner Beck.

2085
02:20:55,120 --> 02:20:56,120
 Thank you, Vice Chair.

2086
02:20:56,120 --> 02:20:57,120
 Thank you, Mr. Robinson, for your presentation.

2087
02:20:57,120 --> 02:20:58,120
 Can you hear me okay?

2088
02:20:58,120 --> 02:20:59,120
 I can hear you.

2089
02:20:59,120 --> 02:21:00,120
 Okay.

2090
02:21:00,120 --> 02:21:04,760
 Well, I've sometimes been known not to be able to be heard.

2091
02:21:04,760 --> 02:21:10,720
 It's amazing to me, but the area we're looking at tonight isn't impacting the green area

2092
02:21:10,720 --> 02:21:12,160
 that you're talking about.

2093
02:21:12,160 --> 02:21:15,160
 It's the area that James Wood and everybody else has already built on.

2094
02:21:15,160 --> 02:21:19,600
 So by approving this area three, nothing's going to change.

2095
02:21:19,600 --> 02:21:23,920
 Now, we are concerned about the area that hasn't been developed yet.

2096
02:21:23,920 --> 02:21:27,920
 I don't know if there's an ESO in there or a riparian buffer, but those are protected

2097
02:21:27,920 --> 02:21:28,920
 if they are.

2098
02:21:28,920 --> 02:21:31,840
 There are some green areas that we'll be protecting.

2099
02:21:31,840 --> 02:21:36,640
 We'll be looking at that closely when that area does come under development, but approving

2100
02:21:36,640 --> 02:21:41,040
 area three tonight isn't going to impact anything that isn't already there.

2101
02:21:41,040 --> 02:21:45,400
 So just wanted you to feel a little comfortable about that, and that you do have people on

2102
02:21:45,400 --> 02:21:49,880
 your side that want to see that green area preserved as much as possible.

2103
02:21:49,880 --> 02:21:51,880
 Well, thank you very much.

2104
02:21:51,880 --> 02:21:52,880
 I appreciate it.

2105
02:21:52,880 --> 02:21:54,880
 Is it all right if we can be excused?

2106
02:21:54,880 --> 02:21:57,400
 Can we be excused?

2107
02:21:57,400 --> 02:21:58,520
 Oh, sure.

2108
02:21:58,520 --> 02:22:02,360
 We have one more question from Commissioner Sanchez.

2109
02:22:02,360 --> 02:22:03,360
 Okay.

2110
02:22:03,360 --> 02:22:09,120
 Mine was pretty much the same thing as what Mr. Beck stated, is that this zone change

2111
02:22:09,120 --> 02:22:12,720
 isn't going to do anything other than a zone change.

2112
02:22:12,720 --> 02:22:19,680
 So we're not talking about any kind of redirecting of water or building walls or anything like

2113
02:22:19,680 --> 02:22:20,680
 that.

2114
02:22:20,680 --> 02:22:21,680
 It's just a zone change.

2115
02:22:21,680 --> 02:22:29,680
 It's based on the fact that it sits on the I-35, they want to change it to Highway Corridor,

2116
02:22:29,680 --> 02:22:35,680
 and that's what they're trying to do all along I-35, is if there's an opportunity or there's

2117
02:22:35,680 --> 02:22:43,600
 a -- what do you call it -- non-conforming zoning, then they'll go in there and look

2118
02:22:43,600 --> 02:22:47,720
 at that area and say, okay, here's a chance to change it.

2119
02:22:47,720 --> 02:22:49,920
 We're looking at I-35 Corridor.

2120
02:22:49,920 --> 02:22:53,280
 Let's go with the I-35 Corridor, the HC zoning.

2121
02:22:53,280 --> 02:22:54,280
 That's all they're trying to do.

2122
02:22:54,280 --> 02:22:55,280
 I appreciate you saying that.

2123
02:22:55,280 --> 02:22:59,320
 That should have been mentioned on this letter we received -- oh, I'm sorry.

2124
02:22:59,320 --> 02:23:04,840
 That should have been mentioned on this letter we received from correspondence from the city

2125
02:23:04,840 --> 02:23:10,760
 exactly what was happening, and I apologize for coming down here, taking up time, not

2126
02:23:10,760 --> 02:23:15,400
 understanding completely what it was, but like I say, whenever we do zone down there,

2127
02:23:15,400 --> 02:23:19,040
 I hope we reconsider that and take a look at some of that stuff.

2128
02:23:19,040 --> 02:23:20,040
 Okay.

2129
02:23:20,040 --> 02:23:23,520
 Mr. Robinson, we are always happy to have your thoughts, so thank you for coming out

2130
02:23:23,520 --> 02:23:28,480
 to speak, and certainly if you need further clarification from staff, they are happy to

2131
02:23:28,480 --> 02:23:31,680
 sit down with you one-on-one and talk with you as well.

2132
02:23:31,680 --> 02:23:37,720
 I visited with Scott, and Scott seems like he understands some of the issues we're running

2133
02:23:37,720 --> 02:23:38,720
 across.

2134
02:23:38,720 --> 02:23:40,720
 Thank you guys very, very much, and you guys have a great evening.

2135
02:23:40,720 --> 02:23:41,720
 Thank you.

2136
02:23:41,720 --> 02:23:42,720
 Commissioner Smith.

2137
02:23:42,720 --> 02:23:43,720
 Thank you, Chair.

2138
02:23:43,720 --> 02:23:48,080
 Mr. Robinson, I live over on Waterford, so I know you're -- I live on Waterford, so I

2139
02:23:48,080 --> 02:23:51,560
 know you're -- we're the forgotten neighborhood in the city of Denton.

2140
02:23:51,560 --> 02:23:52,560
 It's okay.

2141
02:23:52,560 --> 02:23:53,560
 Are you back along the creek?

2142
02:23:53,560 --> 02:23:54,560
 Yeah.

2143
02:23:54,560 --> 02:23:55,560
 I'm back up to the creek.

2144
02:23:55,560 --> 02:23:56,560
 We cleaned our house.

2145
02:23:56,560 --> 02:23:57,560
 That's real nice of you.

2146
02:23:57,560 --> 02:24:03,280
 We have it looking nice back there, and we're kind of proud of it.

2147
02:24:03,280 --> 02:24:04,840
 Just to let you know, we're looking out for you.

2148
02:24:04,840 --> 02:24:05,840
 Well, I appreciate it.

2149
02:24:05,840 --> 02:24:06,840
 Appreciate you guys showing up.

2150
02:24:06,840 --> 02:24:07,840
 Thank you, guys.

2151
02:24:07,840 --> 02:24:08,840
 Thank you.

2152
02:24:08,840 --> 02:24:15,080
 We do have another card on area three, not wishing to speak, but Mr. Don White is in

2153
02:24:15,080 --> 02:24:20,480
 support.

2154
02:24:20,480 --> 02:24:28,000
 Area seven, Cindy Venables, wishing to speak.

2155
02:24:28,000 --> 02:24:43,120
 Did you want to come up to the mic, and then we can --

2156
02:24:43,120 --> 02:24:53,220
 Well, if I followed correctly, you started with B and went all the way through to Z.

2157
02:24:53,220 --> 02:24:54,220
 I didn't hear --

2158
02:24:54,220 --> 02:24:58,220
 Well, the downtown standards we did is item A on the agenda, so that's actually already

2159
02:24:58,220 --> 02:24:59,520
 been discussed and voted on.

2160
02:24:59,520 --> 02:25:00,520
 Okay.

2161
02:25:00,520 --> 02:25:02,000
 So it's okay from -- it's already been discussed and voted on?

2162
02:25:02,000 --> 02:25:03,000
 It has.

2163
02:25:03,000 --> 02:25:11,400
 Can I share a concern I have?

2164
02:25:11,400 --> 02:25:12,760
 It's really just a comment.

2165
02:25:12,760 --> 02:25:20,480
 I'm not -- I mean, it's something -- I'll not speak if you don't want me to.

2166
02:25:20,480 --> 02:25:23,880
 You know, Mr. Scott McDonald is behind you.

2167
02:25:23,880 --> 02:25:26,600
 Will you share your comment with him, and then we can discuss it?

2168
02:25:26,600 --> 02:25:31,720
 We talked earlier, and part of his response is what I have a question on.

2169
02:25:31,720 --> 02:25:34,640
 So do you want me to go out and talk to him?

2170
02:25:34,640 --> 02:25:35,640
 I do.

2171
02:25:35,640 --> 02:25:36,640
 Thank you.

2172
02:25:36,640 --> 02:25:37,640
 I appreciate it.

2173
02:25:37,640 --> 02:25:38,640
 Thank you.

2174
02:25:38,640 --> 02:25:58,560
 Okay, so next card, speaking on area 21, Dick and Kelsey.

2175
02:25:58,560 --> 02:26:12,600
 Good evening, and thank you for hearing us.

2176
02:26:12,600 --> 02:26:16,360
 First of all, I want to say thank you for what you did on 2225 East McKinney.

2177
02:26:16,360 --> 02:26:17,360
 Okay.

2178
02:26:17,360 --> 02:26:19,040
 Can you state your name and address, please?

2179
02:26:19,040 --> 02:26:20,040
 Oh, I'm sorry.

2180
02:26:20,040 --> 02:26:23,000
 Dick and Ann Kelsey, 206 Reg Crest Circle in Denton.

2181
02:26:23,000 --> 02:26:24,720
 Thank you very much.

2182
02:26:24,720 --> 02:26:28,680
 Thank you for what you all did on 2225 and the hard consideration.

2183
02:26:28,680 --> 02:26:33,440
 I understand there was a complete staff meeting on all of that area and that problem.

2184
02:26:33,440 --> 02:26:37,960
 We really do appreciate the efforts you all put into it, staff as well.

2185
02:26:37,960 --> 02:26:43,480
 Now moving to 21, we also have property in 505 Fort Worth Drive, one acre of land.

2186
02:26:43,480 --> 02:26:44,840
 We've had it since '86.

2187
02:26:44,840 --> 02:26:50,560
 When they changed it in '02, they made us a nonconforming use because they zoned us downtown

2188
02:26:50,560 --> 02:26:52,240
 square.

2189
02:26:52,240 --> 02:26:53,480
 We said, please don't do that.

2190
02:26:53,480 --> 02:26:54,880
 We're not downtown square.

2191
02:26:54,880 --> 02:26:55,880
 It didn't help.

2192
02:26:55,880 --> 02:27:00,120
 This is, I think, is an opportunity for us to get out of the nonconforming use we've

2193
02:27:00,120 --> 02:27:04,800
 been in for 16 years, which has caused us a number of problems.

2194
02:27:04,800 --> 02:27:11,220
 And we strongly endorse the recommendation of staff that you zone it as indicated so

2195
02:27:11,220 --> 02:27:15,400
 that we will no longer be in nonconforming use status.

2196
02:27:15,400 --> 02:27:16,400
 Thank you.

2197
02:27:16,400 --> 02:27:17,400
 Any questions?

2198
02:27:17,400 --> 02:27:18,400
 I'd be happy to answer them.

2199
02:27:18,400 --> 02:27:20,940
 I don't see any questions.

2200
02:27:20,940 --> 02:27:22,440
 Thank you for sharing your thoughts.

2201
02:27:22,440 --> 02:27:27,160
 Thank you very much.

2202
02:27:27,160 --> 02:27:32,320
 I don't have any other cards wishing to speak, but this is a public hearing, so if anyone

2203
02:27:32,320 --> 02:27:38,240
 would like to come down and speak, you are welcome to.

2204
02:27:38,240 --> 02:27:39,240
 Anyone wishing to speak?

2205
02:27:39,240 --> 02:27:40,240
 Okay.

2206
02:27:40,240 --> 02:27:45,200
 Seeing none, I will close the public hearing and open the floor for discussion or a motion.

2207
02:27:45,200 --> 02:27:46,200
 Commissioner Beck.

2208
02:27:46,200 --> 02:27:47,200
 Thank you, Vice Chair.

2209
02:27:47,200 --> 02:27:54,680
 Before I make a motion, we approve areas, all areas 24 except 8 and 9, is that right?

2210
02:27:54,680 --> 02:27:58,160
 Am I doing that right?

2211
02:27:58,160 --> 02:28:01,160
 Let me clarify.

2212
02:28:01,160 --> 02:28:02,160
 Okay.

2213
02:28:02,160 --> 02:28:09,840
 I think perhaps if you state your motion that you were discussing items B through Y, excluding

2214
02:28:09,840 --> 02:28:10,840
 I and J.

2215
02:28:10,840 --> 02:28:11,840
 Thank you.

2216
02:28:11,840 --> 02:28:12,840
 I like that wording better.

2217
02:28:12,840 --> 02:28:18,880
 Do you want me to restate that?

2218
02:28:18,880 --> 02:28:24,200
 Move that we accept B through Y with exception of I and J.

2219
02:28:24,200 --> 02:28:25,200
 J.

2220
02:28:25,200 --> 02:28:30,080
 Is there a second to that?

2221
02:28:30,080 --> 02:28:31,080
 Commissioner Smith.

2222
02:28:31,080 --> 02:28:32,080
 I move to approve.

2223
02:28:32,080 --> 02:28:33,080
 I move second.

2224
02:28:33,080 --> 02:28:34,080
 Okay.

2225
02:28:34,080 --> 02:28:40,440
 So we have a motion on the floor to approve agenda items B through Y, excluding I and

2226
02:28:40,440 --> 02:28:41,440
 J.

2227
02:28:41,440 --> 02:28:44,040
 Is there any discussion?

2228
02:28:44,040 --> 02:28:45,880
 Okay.

2229
02:28:45,880 --> 02:29:05,320
 Call for a vote on the board.

2230
02:29:05,320 --> 02:29:10,000
 That motion passes 6-0.

2231
02:29:10,000 --> 02:29:17,320
 That takes us, I believe, to our matrix.

2232
02:29:17,320 --> 02:29:20,000
 That does not -- we do not have a matrix on this one.

2233
02:29:20,000 --> 02:29:26,360
 So that takes us to the end of our meeting, which I will adjourn at 7:58.

2234
02:29:26,360 --> 02:29:26,800
 Thank you, everyone.