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 Good afternoon and welcome to the Planning and Zoning Work Session Commission, the Planning

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 and Zoning Commission Work Session Meeting for Wednesday, June 19th to 2019.

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 It is 435.

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 I'll call the meeting to order.

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 The first item on the agenda is to receive a report about the Denton Development Code

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 and City Initiated Rezoning.

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 Thank you Chair, Members of the Commission, just an opportunity to provide you all with

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 an update of the City Initiated Rezoning changes that we've been working on.

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 Group 1 is complete.

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 We took it to City Council on June 11th, and they approved Areas 1 through 24, except 8

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 and 9, of course, that we discussed during Planning and Zoning Commission.

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 Again, so that has been adopted and taken care of.

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 So now Group 2 is scheduled, of course, as you all know, is scheduled for next week.

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 We are bringing forward Areas 25 through 44 and Area 9 that we had initially brought forward

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 and couldn't take because of some notification issues.

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 So that will be on June 26, that will be Group 2.

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 Group 3, initially we had on the schedule for a July 10th P&Z, however, staff is still

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 working on getting Areas identified and leading towards more of a late July or maybe a possible

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 early August Planning and Zoning Commission.

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 So what we'll do is we'll send you all a list of dates, possible dates for those public

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 hearings.

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 We are looking at possibly 150 parcels, so not as much as Group 2, but still gathering

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 a lot more.

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 So again, initially we had Group 3 scheduled for July 10th.

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 We are not going to have it on July 10th.

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 We're going to be sending you all some new dates for you all to pick for Group 3.

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 So that's where we are.

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 Anybody have any questions?

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 >> I don't see any.

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 >> All right.

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 Great.

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 >> Thanks, Ron.

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 >> Thank you.

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 >> Next on the agenda is to receive report and discussion about Certified Mailing and

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 Public Hearing Notification.

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 >> Good afternoon, Commission members.

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 Charlie Rosendahl, Business Services Manager with Development Services.

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 I'm here today to discuss our use of Certified Mailing in the 200-foot notices sent out to

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 property owners of a proposed development on a work session in May with City Council.

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 They requested that we take a look at Certified Mailings and then bring that back at a future

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 work session.

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 So in advance of that, we wanted to have that discussion with Planning and Zoning Commission.

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 So just a brief reminder of the notification procedures.

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 Our legal requirement is to send a mailed notice to property owners within 200 feet

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 of a proposed public hearing.

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 And we also need to publish in the local newspaper.

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 Our City of Denton policy goes beyond that.

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 We send legal notices within 200 foot by Certified Mail.

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 We also send a courtesy postcard to properties within 500 feet.

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 We require applicants to post signs on the property.

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 And then we also include that on the city's website.

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 And just for your information, the fees for mailings are charged back.

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 It's a pass-through cost for the city and is paid for by the applicant.

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 So as far as Certified Mailings go, the advantage for staff is that it allows us to track those

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 mailings and we have a record and proof of the mailing.

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 Some of the disadvantages are that it's almost $5 more for a certified piece of mail than

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 a regular first-class mail.

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 And it also requires the owner, if they're not at home at the time of delivery, to travel

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 to the post office.

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 We took a look over the course of the last two months and approximately 21% of all the

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 mailed notices that were sent out were returned back to the city because they were not picked

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 up by the property owners at the mail box, at the post office.

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 So we went back to 2018 and looked at zoning and SUP cases.

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 So in total, we sent 616 notices.

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 There's the cost sitting in by Certified Mail and what it would have been at first-class

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 mail.

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 The difference is almost $3,000 for all those mailings.

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 On average, the cost savings would have been $120 for each case and the maximum that we

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 found was 95 notices were sent and the savings would have been $500.

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 Just in those 200-foot mailings, the 500-foot postcards would still go out and it's additional

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 cost.

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 So with that, our staff recommendation is to discontinue the use of Certified Mailing

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 and just follow the state-required first-class mailing for the 200-foot notices.

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 We do have a work session scheduled with City Council on August 27th.

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 Commissioner Beck.

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 Thank you, Chair.

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 But you're still going to do the courtesy 500-foot notice, too?

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 Right.

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 Yeah.

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 Nothing else has changed.

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 Just whether we use Certified Mailing or not for those 200-foot property owners.

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 Certified versus first-class.

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 Correct.

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 Okay.

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 Thanks.

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 Commissioner Sanchez.

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 Is there any possibility, you know, those big signs?

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 I know a lot of people, or at least myself, I know for a long time I just kind of zoomed

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 through it and didn't pay much attention to them.

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 You don't read.

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 Is there any way of having some type of article in the paper identifying what they are so

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 that when people see them, especially in their neighborhood, it's something they need to

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 look at?

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 I think a lot of people just don't pay that much attention and then later on come back

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 and say if you're going to discontinue -- I agree with discontinuing it because I think

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 it's an extra cost and our citizens also have a responsibility, you know, you also put those

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 big signs.

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 They have a responsibility to stop when there's one in the neighborhood.

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 But I think a lot of people just don't really pay much attention to signs until, you know,

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 we have something -- we actually have a zone change and all of a sudden I didn't know.

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 Well, it was in your neighborhood for -- especially within the 200 foot.

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 I mean, I know you're going to be going around that small area several times.

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 I was just curious, is there anything that we can put in the newspaper, an article about

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 how it is important to recognize these signs when they're in your neighborhood?

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 We do post the cases in the newspaper per the local government code for the public hearings.

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 We post that in the newspaper.

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 The city has the newsletter that goes out.

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 You guys may have received it in your mailbox every other month.

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 So that might be a good avenue to draw awareness to that.

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 I will let you know that one of our initiatives is working on the signs, including a website

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 where somebody can go to get more information.

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 That's been one of the comments that we've received is there's a lack of information

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 or a lack of a resource to go to to gain additional information about what that project is.

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 Of course, we do put our contact information on there.

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 But if somebody just wanted to go look what it was, it's kind of difficult to get there

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 on the website.

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 So that is one of our initiatives.

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 So we could look at putting that in the newsletter to raise awareness.

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 Okay.

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 It's just, like I said, a lot of people won't see them in their neighborhood.

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 When they do see it, they really don't know what it's all about.

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 If the city would just be educated on these signs, you know, people would get the word

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 out among themselves, I believe.

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 Yeah.

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 And we're also looking at redesigning the signs so that it can be a little more informative

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 for people passing by.

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 So there are some things that we're doing to try to raise some of that awareness and

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 to give people knowledge of what's going on.

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 Okay.

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 Charlie, what was the precipice for even this coming up?

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 Is this a headache to do or what's -- I mean, it's not -- the city's not out any money to

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 do it if it's passed through cost.

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 Why -- what was the initiative to even change this?

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 So this was a council request that the last work session we had, they wanted to discuss

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 certified mailings, but they didn't have an opportunity under the posting that we had.

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 But also from staff, we do hear from citizens that they have difficulty going to the post

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 office or it's an inconvenience for them to have to travel to the post office to pick

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 up that certified mail.

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 So I think some of their preferences have been that it just be delivered by regular

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 mail, and they can just receive that in their mailbox.

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 And those people that would be giving feedback about it being difficult would be that 21%

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 that was returned?

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 Is that what you're referring to?

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 It's just general comments that we've received, and we haven't followed up specifically with

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 those that didn't pick up their mail.

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 So that 21% is people who never even came and got it or it was undeliverable.

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 That 21% never got to the -- Correct.

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 It was returned back to the city.

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 So they either didn't go to the post office to pick it up or it was undeliverable for

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 some other reason.

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 And does the city actively historically track -- is that an active feature that's been used

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 by the city to follow up on mailings?

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 You said that one of the benefits was to track it.

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 Was that used?

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 It's not historically been used often.

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 Richard may be able to comment on it more.

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 We had that discussion that historically we haven't had to go back to the record to find

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 out whether that mailing was sent or not.

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 Great.

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 Just a comment, but it seems like there would always be the argument by somebody that I never

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 got the mailing, and I think that was probably the intended purpose behind the certified

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 mail.

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 But we're seeing now that it didn't even work for the most part, so -- right, the money

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 isn't a great deal, but I can see where -- having to go down and get one, I know that I've had

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 to deal with it, too, and go down and get something that didn't have any real value

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 to me anyway.

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 So anyway, my two cents were gone.

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 Does PNC voting on this, or we're just being apprised of a council decision?

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 Yeah, and then if you have any recommendations or input that I've received so far, I'm taking

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 those back with me.

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 Commissioner Ellis.

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 Thank you, Chair.

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 Yeah, for the most part, this seems fine.

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 I know I've heard negative comments before from property owners that don't want to go

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 through the hassle of going to the post office, and I have no doubt you've probably heard

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 it from the developers as well, that it's a cost that might be able to be averted.

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 I guess my only question would be, is there ever a reason that the city would need proof?

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 I mean, I guess if the state law doesn't require a certified mail, I mean, I guess that's maybe

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 a legal question.

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 I can't think of any, there are statutes that, for some kind of notices, that require certified

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 mail, but it's really kind of an ancient artifact for most purposes in the law, unless you have

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 to prove receipt, and besides which nowadays, there's lots of ways to prove receipt with

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 tracking numbers and what have you.

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 But the idea that someone received the notice letter is really so much of an issue of proof,

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 because if they're showing up at the meeting, they got notice.

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 So I don't see a whole lot of point in it myself of requiring the certified mail.

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 So never really a reason the city would have to use it as a defense or a right thing?

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 I can't think of any.

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 Okay.

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 Thank you.

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 I have a few thoughts on this, I guess it makes sense to a point.

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 I think just personally it felt good, like emotionally, to say we're going above and

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 beyond the minimum.

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 Like, we were, so the state says send a letter to 200 feet, well, the city of Denton doesn't

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 just do that.

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 We do a certified mail to 200 feet, and we do a postcard to 500 feet, and again, it makes

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 sense, it's not a huge cost, money shouldn't be an issue with this, 300 bucks, for all the

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 other stuff they're spending to develop, that's really insignificant.

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 But we're reverting back to the state minimums, and so I would like to see if there's another

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 way to either, we talked about, I don't know if it's codified, to do a mail to like the

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 tax roll versus residents, like if we do duplicate mailing, if we're not paying the cost for

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 certified and we actually can send it to the residents, because right now it's just the

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 property owner, I believe.

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 So when we send the courtesy postcard, so the 200 foot notice goes to the property owner,

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 the postcard goes to everybody, so in theory, if the resident is getting that postcard within

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 200 feet and outward, up to 500 feet.

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 So if you own your property within 200 feet, you'll get the certified mail and the postcard.

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 Yeah, I mean, I guess to Mr. Beck points, we're going to get complaints of this ongoing,

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 I think, regardless.

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 To your point, yeah, I think, and I thought we were not only sending them to the address,

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 but sending, you know, if the tax roll showed that they didn't live there, we were sending

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 it to that address, too.

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 We're not doing that.

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 So that's the residents, so we send it to the residents within 500 feet.

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 But say it's a property owner who rents that out, he's not, you know, the renter may not

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 care, is what I'm saying, the renter will get it and may not care, but the property

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 owner may, but we're not sending them anything to their address.

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 I thought we were doing that.

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 I thought we talked about that and decided no.

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 The last conversation we had was sending the courtesy notices based on these utility service

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 address.

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 The 200 foot notice continues to only go to the property owner based on the certified

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 tax roll, you know, according to Texas law.

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 So it would go to him if he didn't live at that address.

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 Right.

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 Okay, we were doing that, but, okay, the, I guess, you know, the concern was the person

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 who actually lives there never got the notice, and they would be the one coming in saying

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 nobody ever sent anything to me, but if we're sending the postcards now, too, they ought

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 to at least get that, too, right?

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 If they're at that residence, they can get the postcard out.

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 Right.

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 Okay.

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 Okay.

234
00:15:17,320 --> 00:15:18,320
 Thank you.

235
00:15:18,320 --> 00:15:19,960
 And then, Chair Roselle, I would just, we do have a number of things that we do beyond

236
00:15:19,960 --> 00:15:26,200
 the state law, including the posting of the signs, the courtesy notices, and on the website,

237
00:15:26,200 --> 00:15:28,280
 putting that information out there, so.

238
00:15:28,280 --> 00:15:29,280
 Good to know.

239
00:15:29,280 --> 00:15:30,280
 Thank you.

240
00:15:30,280 --> 00:15:31,280
 Coach Ellis.

241
00:15:31,280 --> 00:15:32,280
 Thank you.

242
00:15:32,280 --> 00:15:33,280
 Okay.

243
00:15:33,280 --> 00:15:35,400
 So just to clarify, this is changing nothing as far as who we're notifying.

244
00:15:35,400 --> 00:15:36,400
 It's how we're notifying.

245
00:15:36,400 --> 00:15:37,400
 Correct.

246
00:15:37,400 --> 00:15:41,240
 So the certified mail that was going to the tax record address is now just going to be

247
00:15:41,240 --> 00:15:44,280
 a regular mailed first class letter.

248
00:15:44,280 --> 00:15:45,440
 Correct.

249
00:15:45,440 --> 00:15:48,440
 That's the only thing that's changing.

250
00:15:48,440 --> 00:15:52,080
 I don't see any other questions.

251
00:15:52,080 --> 00:15:53,080
 Thanks.

252
00:15:53,080 --> 00:15:54,080
 All right.

253
00:15:54,080 --> 00:15:55,080
 Thank you.

254
00:15:55,080 --> 00:15:59,040
 Next, we go into the regular meeting.

255
00:15:59,040 --> 00:16:05,200
 First off, is there any clarification needed, Richard, about the agenda this evening?

256
00:16:05,200 --> 00:16:06,200
 No.

257
00:16:06,200 --> 00:16:13,840
 That will clarify a couple of the items, a couple of the agenda items, but no changes.

258
00:16:13,840 --> 00:16:19,560
 B is being removed, no, A and B, for public hearing being removed.

259
00:16:19,560 --> 00:16:20,560
 Correct.

260
00:16:20,560 --> 00:16:21,560
 Correct.

261
00:16:21,560 --> 00:16:22,560
 Okay.

262
00:16:22,560 --> 00:16:26,400
 So with that, is there any questions about the minutes?

263
00:16:26,400 --> 00:16:33,720
 We have an update that we all should receive for the minutes of May 29th.

264
00:16:33,720 --> 00:16:37,380
 Yeah, May 29th.

265
00:16:37,380 --> 00:16:40,800
 Anything besides these that need to be updated?

266
00:16:40,800 --> 00:16:41,800
 Great.

267
00:16:41,800 --> 00:16:45,320
 Next is our consent agenda.

268
00:16:45,320 --> 00:16:47,640
 We had several things on the consent.

269
00:16:47,640 --> 00:16:52,880
 Is there any questions that we can bring up individuals for answers instead of going through

270
00:16:52,880 --> 00:16:54,880
 each one of these?

271
00:16:54,880 --> 00:16:56,480
 Commissioner Ellis.

272
00:16:56,480 --> 00:16:57,480
 Thank you, Chair.

273
00:16:57,480 --> 00:17:12,840
 I have a question on E, Audra Oaks.

274
00:17:12,840 --> 00:17:13,840
 That is Haley.

275
00:17:13,840 --> 00:17:14,840
 Hi, Haley.

276
00:17:14,840 --> 00:17:20,280
 Hey, I just had a question with that lot, one block A that says to be dedicated as a

277
00:17:20,280 --> 00:17:21,280
 park.

278
00:17:21,280 --> 00:17:22,280
 Yes.

279
00:17:22,280 --> 00:17:27,240
 So is that dedicating to the city as a park or within the development as a park?

280
00:17:27,240 --> 00:17:29,120
 It's intended to be dedicated to the city.

281
00:17:29,120 --> 00:17:32,400
 They're currently in discussions with our parks department about what could be done

282
00:17:32,400 --> 00:17:33,400
 with that property.

283
00:17:33,400 --> 00:17:34,400
 Okay.

284
00:17:34,400 --> 00:17:37,720
 But it's one of, I think, three in this area that parks is considering as an option for

285
00:17:37,720 --> 00:17:38,720
 a new public park.

286
00:17:38,720 --> 00:17:39,720
 Okay.

287
00:17:39,720 --> 00:17:41,200
 Because yeah, I didn't know if it needed to be listed on there who would then have to

288
00:17:41,200 --> 00:17:42,200
 maintain that lot.

289
00:17:42,200 --> 00:17:48,880
 The final plan will clarify whether it's dedicated to the city or becomes an HOA lot, but currently

290
00:17:48,880 --> 00:17:50,480
 the intent is the city.

291
00:17:50,480 --> 00:17:51,480
 Outstanding.

292
00:17:51,480 --> 00:17:52,480
 Okay.

293
00:17:52,480 --> 00:17:53,480
 Thank you.

294
00:17:53,480 --> 00:17:54,480
 You're welcome.

295
00:17:54,480 --> 00:18:00,960
 Any other questions on the consent agenda?

296
00:18:00,960 --> 00:18:09,080
 Just like to pass along something that I noticed on consent A and B that's calling for vacation

297
00:18:09,080 --> 00:18:10,080
 of a plant.

298
00:18:10,080 --> 00:18:14,200
 It's not clear to me whether there were any dedications that occurred on the plant to

299
00:18:14,200 --> 00:18:17,640
 be dedicated.

300
00:18:17,640 --> 00:18:24,880
 And if there were, whether that's going to be addressed with this action.

301
00:18:24,880 --> 00:18:31,040
 I'm just concerned that there doesn't appear to be an analysis in there of what will happen

302
00:18:31,040 --> 00:18:35,400
 with respect to any prior dedications.

303
00:18:35,400 --> 00:18:36,400
 Sure.

304
00:18:36,400 --> 00:18:47,440
 So the applicant has provided a legal description for that area to be dedicated.

305
00:18:47,440 --> 00:18:51,600
 And we're working on getting those easements together so that when the final plaque comes

306
00:18:51,600 --> 00:19:00,560
 in and the plaque vacations are filed, we intend to file them in order so that the easement

307
00:19:00,560 --> 00:19:05,800
 would be filed first, then each plaque vacation, and then the final plaque.

308
00:19:05,800 --> 00:19:09,720
 There is development on that site, so we don't want to file that final plaque or that plaque

309
00:19:09,720 --> 00:19:12,580
 vacation until the final plaque has been prepared.

310
00:19:12,580 --> 00:19:15,420
 Make sure that stays a platted lot.

311
00:19:15,420 --> 00:19:21,120
 But I guess the question I have is if there are dedications, is it premature to take the

312
00:19:21,120 --> 00:19:27,280
 action to vacate them at the P&Z, irrespective of whether we file them later or not, to take

313
00:19:27,280 --> 00:19:36,200
 the action to vacate the plant if there are dedications that are carried out on the face

314
00:19:36,200 --> 00:19:40,440
 of that plant?

315
00:19:40,440 --> 00:19:46,040
 We looked at it as no, because we have a preliminary plaque for a component of that that's also

316
00:19:46,040 --> 00:19:48,260
 part of the consent item.

317
00:19:48,260 --> 00:19:54,040
 And so it's really making sure that that development will be able to comply with the new plaque.

318
00:19:54,040 --> 00:19:55,040
 Okay.

319
00:19:55,040 --> 00:19:59,360
 Well, I just wanted to raise the issue in case anybody had looked at it.

320
00:19:59,360 --> 00:20:04,040
 It was something that occurred to me.

321
00:20:04,040 --> 00:20:05,040
 Right.

322
00:20:05,040 --> 00:20:10,800
 Okay, with that, we'll move into our public hearing items for this evening.

323
00:20:10,800 --> 00:20:14,040
 Like I just previously mentioned, A has been withdrawn.

324
00:20:14,040 --> 00:20:21,660
 B is being rescheduled to July 17th, which will bring us to start with item C. And Karina

325
00:20:21,660 --> 00:20:26,440
 will be presenting this.

326
00:20:26,440 --> 00:20:35,460
 All right, good afternoon or evening, I guess.

327
00:20:35,460 --> 00:20:37,480
 Karina Maldonado, assistant planner.

328
00:20:37,480 --> 00:20:45,960
 Today I'll be bringing an SUP for S19.5 TZ multifamily.

329
00:20:45,960 --> 00:20:51,120
 So the request is for a specific use permit for five multifamily dwelling units on approximately

330
00:20:51,120 --> 00:20:58,000
 1.09 acres located at 1714 Teasley, that's this tract right here.

331
00:20:58,000 --> 00:21:00,100
 This is Teasley Lane.

332
00:21:00,100 --> 00:21:06,800
 The site is in the CMG zoning district, which does allow for multifamily with the specific

333
00:21:06,800 --> 00:21:08,600
 use permit.

334
00:21:08,600 --> 00:21:15,700
 The request is not to expand the existing building, just to use it as is and just change

335
00:21:15,700 --> 00:21:20,160
 the use.

336
00:21:20,160 --> 00:21:25,360
 So just a very brief site history, and I provided some aerials to show kind of just the progress

337
00:21:25,360 --> 00:21:27,360
 of the surrounding area.

338
00:21:27,360 --> 00:21:33,740
 So the existing building was constructed in the 1960s as a single-family home.

339
00:21:33,740 --> 00:21:40,920
 Over the years, it has changed to a childcare, a daycare use, then to an office.

340
00:21:40,920 --> 00:21:49,280
 And then at some point, the exact date is not really known, but between 2005 and 2016,

341
00:21:49,280 --> 00:21:54,280
 the previous owner did illegally convert this to multifamily.

342
00:21:54,280 --> 00:22:01,440
 But in 2018, the new owner, knowing that there was an issue, wanted to remedy this by going

343
00:22:01,440 --> 00:22:06,320
 through the legal process of getting an SUP.

344
00:22:06,320 --> 00:22:11,840
 And so that's how we're here today with the request for five multifamily units.

345
00:22:11,840 --> 00:22:16,880
 So just showing, in 1984, that's when the surrounding area started to become built with

346
00:22:16,880 --> 00:22:17,880
 multifamily.

347
00:22:17,880 --> 00:22:23,240
 In 1964, this was the actual home, nothing surrounding it.

348
00:22:23,240 --> 00:22:31,400
 And then, of course, today, everything surrounding the existing tract is built out.

349
00:22:31,400 --> 00:22:33,360
 So this is a proposed site plan.

350
00:22:33,360 --> 00:22:38,300
 Again, they will be using the existing building that is shown here.

351
00:22:38,300 --> 00:22:43,680
 No expansion to that building, only interior alteration.

352
00:22:43,680 --> 00:22:47,320
 They are showing the five dwelling units proposed.

353
00:22:47,320 --> 00:22:50,120
 The existing are currently six dwelling units.

354
00:22:50,120 --> 00:22:56,360
 So they're adjusting that to meet the minimum residential unit size of 500 square feet.

355
00:22:56,360 --> 00:23:02,640
 So you can see that the range for the units is between 850 square feet and 1,200.

356
00:23:02,640 --> 00:23:06,080
 Each dwelling unit will have two bedrooms.

357
00:23:06,080 --> 00:23:11,100
 And then along the site, we wanted to make sure that we kind of just clean it up a bit

358
00:23:11,100 --> 00:23:13,160
 to look more like the surrounding area.

359
00:23:13,160 --> 00:23:20,600
 So there is a damaged chain link fence that they have agreed to remove, an accessory shed

360
00:23:20,600 --> 00:23:22,740
 to the north of the property.

361
00:23:22,740 --> 00:23:25,740
 There is a propane tank that they will also remove.

362
00:23:25,740 --> 00:23:28,480
 And then some excess parking on the site.

363
00:23:28,480 --> 00:23:32,200
 So the change in use did have a change in required parking.

364
00:23:32,200 --> 00:23:34,280
 So they're going to address that.

365
00:23:34,280 --> 00:23:36,080
 That's not a tear-up of concrete.

366
00:23:36,080 --> 00:23:43,360
 That is just to remove the parking striping on the site.

367
00:23:43,360 --> 00:23:47,880
 And so in the proposed landscape plan, they do exceed the minimum landscape requirement

368
00:23:47,880 --> 00:23:48,880
 of 20%.

369
00:23:48,880 --> 00:23:52,680
 They're actually providing-- they're not providing additional landscape.

370
00:23:52,680 --> 00:23:55,000
 This is what is existing on the site.

371
00:23:55,000 --> 00:23:57,260
 So 40% landscaped area.

372
00:23:57,260 --> 00:24:04,200
 They have shown a dedicated open space, which is this hashed area right here.

373
00:24:04,200 --> 00:24:11,160
 And then they are preserving all trees on the site, which equals out to about 38% or

374
00:24:11,160 --> 00:24:14,000
 39% tree canopy coverage.

375
00:24:14,000 --> 00:24:19,560
 These are just a couple of photos of the site as it exists today.

376
00:24:19,560 --> 00:24:24,880
 So this is at the north of the property facing to the main entrance.

377
00:24:24,880 --> 00:24:28,520
 This is that carport that they are also removing.

378
00:24:28,520 --> 00:24:34,840
 This is the addition to the existing site where we talked about the illegal conversion.

379
00:24:34,840 --> 00:24:40,360
 And this is they're going to remedy that portion, too.

380
00:24:40,360 --> 00:24:45,180
 Showing here, this is facing west on their driveway access.

381
00:24:45,180 --> 00:24:46,320
 Showing this chain link fence.

382
00:24:46,320 --> 00:24:47,320
 That's a bit damaged.

383
00:24:47,320 --> 00:24:49,000
 They're going to remove that.

384
00:24:49,000 --> 00:24:51,440
 And then this is just a close-up aerial of the site.

385
00:24:51,440 --> 00:24:54,600
 It's from the north facing south.

386
00:24:54,600 --> 00:24:58,460
 So this is the existing structure.

387
00:24:58,460 --> 00:25:02,480
 They do have a lot of open space towards the back.

388
00:25:02,480 --> 00:25:03,920
 This is that shed that they're removing.

389
00:25:03,920 --> 00:25:10,600
 They do have a gazebo and some parking and log trees.

390
00:25:10,600 --> 00:25:16,160
 I want to kind of show, I know we talked about they're preserving all the trees.

391
00:25:16,160 --> 00:25:21,540
 They really do have really large, I believe they're oaks on that property.

392
00:25:21,540 --> 00:25:27,660
 So we did talk, there was some talk of maybe removing one, but we did agree that all trees

393
00:25:27,660 --> 00:25:34,960
 would be preserved, none would be removed on the site.

394
00:25:34,960 --> 00:25:39,760
 And so the approval, the criteria for approval for an SUP is shown on the screen.

395
00:25:39,760 --> 00:25:46,320
 I won't go through it in extreme detail, but I will go through kind of the highlights of

396
00:25:46,320 --> 00:25:53,920
 this on the next couple of slides.

397
00:25:53,920 --> 00:25:58,360
 So the first criteria for approval is being that it conforms with the zoning or long-range

398
00:25:58,360 --> 00:26:02,340
 plan and other federal, state, and local laws.

399
00:26:02,340 --> 00:26:08,200
 So in terms of the Denton plan, the future land use designation for the area is community

400
00:26:08,200 --> 00:26:10,100
 mixed use.

401
00:26:10,100 --> 00:26:18,200
 So the proposed use of multifamily is in line with that designation where it's designated

402
00:26:18,200 --> 00:26:24,480
 for commercial use predominantly, but has complimentary uses like residential and encourages

403
00:26:24,480 --> 00:26:26,680
 proximity to other areas.

404
00:26:26,680 --> 00:26:32,200
 So if you remember the aerial going back, most of this is multifamily surrounding and

405
00:26:32,200 --> 00:26:38,920
 along the edge is that shopping area.

406
00:26:38,920 --> 00:26:45,560
 So still on criteria one, talking about conformance with zoning, originally the way that the site

407
00:26:45,560 --> 00:26:51,360
 exists today, it does not conform with the minimum unit size of 500 square feet, which

408
00:26:51,360 --> 00:26:54,000
 is specific in the 2002 code.

409
00:26:54,000 --> 00:27:00,000
 However, the applicant is proposing to reduce the number of units that are existing to meet

410
00:27:00,000 --> 00:27:02,340
 that minimum unit size.

411
00:27:02,340 --> 00:27:08,960
 So again, five multifamily units all meeting or exceeding that 500 square feet of residential

412
00:27:08,960 --> 00:27:13,000
 unit living space.

413
00:27:13,000 --> 00:27:21,360
 So part of that is staff is recommending as part of a condition on the approval that they

414
00:27:21,360 --> 00:27:26,220
 ensure that they're meeting the 2002 code requirements, which does include that minimum

415
00:27:26,220 --> 00:27:33,080
 residential unit size and then other items like parking.

416
00:27:33,080 --> 00:27:39,880
 Yes, thank you, Chair.

417
00:27:39,880 --> 00:27:43,640
 This is a single building under one roof, right?

418
00:27:43,640 --> 00:27:49,920
 And the apartments are simply divided by a two by four wall with sheetrock between them

419
00:27:49,920 --> 00:27:50,920
 and that's it.

420
00:27:50,920 --> 00:27:54,960
 And each apartment has a door to the outside, I assume.

421
00:27:54,960 --> 00:28:00,600
 I'm not sure about the door, but the individual units, I'd have to go back and check, and

422
00:28:00,600 --> 00:28:02,800
 I'll get to kind of that part of it in a second.

423
00:28:02,800 --> 00:28:05,680
 Well, they'd have to have their own.

424
00:28:05,680 --> 00:28:06,680
 Yes.

425
00:28:06,680 --> 00:28:07,680
 Okay.

426
00:28:07,680 --> 00:28:11,880
 Speaking to it is one building, they have that addition on the side, it is connected

427
00:28:11,880 --> 00:28:12,880
 by a roof.

428
00:28:12,880 --> 00:28:19,160
 Did I see in your information early on that they were all two bedroom apartments?

429
00:28:19,160 --> 00:28:20,160
 That's what they're proposing.

430
00:28:20,160 --> 00:28:21,160
 Okay.

431
00:28:21,160 --> 00:28:22,160
 They're proposing.

432
00:28:22,160 --> 00:28:25,160
 Let me go back a couple of slides.

433
00:28:25,160 --> 00:28:26,160
 500 square feet.

434
00:28:26,160 --> 00:28:29,620
 So this, I apologize, it's not that zoomed in.

435
00:28:29,620 --> 00:28:32,080
 This is the existing building.

436
00:28:32,080 --> 00:28:36,200
 Right here was actually two units.

437
00:28:36,200 --> 00:28:41,920
 They're proposing to combine those into one dwelling unit to meet that minimum residential

438
00:28:41,920 --> 00:28:42,920
 square foot.

439
00:28:42,920 --> 00:28:45,200
 So we do actually have one apartment that's 500 square feet.

440
00:28:45,200 --> 00:28:48,180
 They're actually just under 400.

441
00:28:48,180 --> 00:28:52,360
 So we went back and forth with the applicant to ensure that they were meeting that minimum

442
00:28:52,360 --> 00:28:53,360
 500.

443
00:28:53,360 --> 00:28:54,360
 Okay.

444
00:28:54,360 --> 00:28:58,680
 And so they did agree, the owners in agreement with it, to combine the units to ensure that

445
00:28:58,680 --> 00:29:01,120
 it does meet that requirement.

446
00:29:01,120 --> 00:29:05,880
 I guess the one concern I had when I looked at, I assume the fire department's okay with

447
00:29:05,880 --> 00:29:06,880
 access to this.

448
00:29:06,880 --> 00:29:09,880
 It looks like a real tight turnaround.

449
00:29:09,880 --> 00:29:10,880
 Yes.

450
00:29:10,880 --> 00:29:14,920
 So let me move back forward, actually.

451
00:29:14,920 --> 00:29:15,920
 Yeah.

452
00:29:15,920 --> 00:29:20,200
 Just to provide us a little bit of context, again, this is just for the use.

453
00:29:20,200 --> 00:29:24,720
 So this will have to go through full building permit review.

454
00:29:24,720 --> 00:29:28,200
 So all of those life safety items will be looked at, at that time.

455
00:29:28,200 --> 00:29:29,200
 Okay.

456
00:29:29,200 --> 00:29:30,200
 Okay.

457
00:29:30,200 --> 00:29:31,200
 If this is approved.

458
00:29:31,200 --> 00:29:32,200
 Okay.

459
00:29:32,200 --> 00:29:33,200
 Great.

460
00:29:33,200 --> 00:29:34,200
 Thanks.

461
00:29:34,200 --> 00:29:35,200
 Christopher Smith.

462
00:29:35,200 --> 00:29:36,200
 Thank you, Chair.

463
00:29:36,200 --> 00:29:39,240
 Were the fire petition walls, was this stipulation reviewed with the applicant?

464
00:29:39,240 --> 00:29:40,240
 Yes.

465
00:29:40,240 --> 00:29:45,480
 So all the conditions were reviewed and I'll talk about it a little bit later in the presentation.

466
00:29:45,480 --> 00:29:50,600
 So, actually, I'll just kind of move forward that we can get to some of these items.

467
00:29:50,600 --> 00:29:56,960
 So the second, related to zoning and local laws, the existing, talking about the existing

468
00:29:56,960 --> 00:30:02,480
 building does not meet the building code requirement for having fire partition walls.

469
00:30:02,480 --> 00:30:04,800
 So just a little bit of context on that.

470
00:30:04,800 --> 00:30:08,520
 We did meet with the applicant and the owner.

471
00:30:08,520 --> 00:30:13,560
 We agreed to do a courtesy building inspection just to make sure we caught any additional

472
00:30:13,560 --> 00:30:15,240
 maybe safety items.

473
00:30:15,240 --> 00:30:20,640
 So this was one of those where they would have to do interior alteration to make sure

474
00:30:20,640 --> 00:30:25,560
 that each unit meets our building and fire code requirements.

475
00:30:25,560 --> 00:30:33,120
 So they've agreed to this and so we're placing a condition on the SUP approval that they

476
00:30:33,120 --> 00:30:40,080
 would have to meet all these building code requirements prior to issuance of a certificate

477
00:30:40,080 --> 00:30:41,080
 of occupancy.

478
00:30:41,080 --> 00:30:46,080
 And so these are actually normal processes, but we're tying it to the approval just to

479
00:30:46,080 --> 00:30:54,660
 kind of put that extra certainty on it.

480
00:30:54,660 --> 00:30:59,900
 So the second criteria has a list of several conditions for approval.

481
00:30:59,900 --> 00:31:02,920
 I'll try to go through more of the highlights.

482
00:31:02,920 --> 00:31:09,040
 So talking about use compatibility, going back to zoomed in on the aerial, the surrounding

483
00:31:09,040 --> 00:31:11,980
 area is multi-family.

484
00:31:11,980 --> 00:31:18,320
 There is a hotel to the north, Rudy's is right here, but this is a vacant land.

485
00:31:18,320 --> 00:31:25,560
 So this is a 500 foot shot or aerial, but the majority of this is multi-family.

486
00:31:25,560 --> 00:31:31,280
 So the use is compatible with that is immediately surrounding it.

487
00:31:31,280 --> 00:31:38,540
 Second, this SUP request would not impact the development of vacant parcels.

488
00:31:38,540 --> 00:31:42,440
 So currently there is just one vacant parcel in the adjacent area.

489
00:31:42,440 --> 00:31:49,520
 That's this parcel to the south, which the owner also owns.

490
00:31:49,520 --> 00:31:51,520
 So it would not immediately impact that parcel.

491
00:31:51,520 --> 00:31:56,720
 However, if they do wish to expand there, that would require a separate SUP.

492
00:31:56,720 --> 00:32:05,280
 So that would be not tied to this SUP request.

493
00:32:05,280 --> 00:32:10,360
 Next would be whether the site has adequate utilities and other supporting facilities.

494
00:32:10,360 --> 00:32:18,400
 So this site has been served for several years with water, sewer, and other infrastructure.

495
00:32:18,400 --> 00:32:22,600
 So it does have access to facilities.

496
00:32:22,600 --> 00:32:29,040
 Just going through the development review process, we wanted to take that extra step

497
00:32:29,040 --> 00:32:33,480
 to show where they're actually connecting, where the actual line is.

498
00:32:33,480 --> 00:32:39,560
 I mean, it's going to be an off-site connection, not public infrastructure.

499
00:32:39,560 --> 00:32:47,560
 So we did add a condition per water regarding the need for any additional utility easements,

500
00:32:47,560 --> 00:32:51,520
 off-site easements, whatever that be, that they be filed prior to the issuance of a building

501
00:32:51,520 --> 00:32:53,360
 permit.

502
00:32:53,360 --> 00:32:58,400
 And just going back, these are the actual public infrastructure lines surrounding the

503
00:32:58,400 --> 00:33:06,080
 site, however they do have current access to water, sewer.

504
00:33:06,080 --> 00:33:07,080
 And then access.

505
00:33:07,080 --> 00:33:11,560
 We'll talk about access a little bit later.

506
00:33:11,560 --> 00:33:17,920
 All right, so other conditions for approval include vehicular access.

507
00:33:17,920 --> 00:33:25,800
 So I do want to clarify ahead of time, the staff analysis did previously include a condition

508
00:33:25,800 --> 00:33:30,720
 indicating that the applicant identify or demonstrate that there was public access to

509
00:33:30,720 --> 00:33:37,560
 the site in which we would put a legal condition stating that they would have to prove this

510
00:33:37,560 --> 00:33:40,960
 up prior to issuance of a building permit.

511
00:33:40,960 --> 00:33:46,760
 They did verify that prior to today, so we did remove it, but it's still listed in the

512
00:33:46,760 --> 00:33:51,840
 analysis, but it won't be added to the staff recommendation later.

513
00:33:51,840 --> 00:33:57,120
 So they did provide the documentation that shows coming off of Teasley that they do have

514
00:33:57,120 --> 00:34:05,280
 an ingress and egress easement dedicated to the public in perpetuity for this site.

515
00:34:05,280 --> 00:34:09,280
 So they do have the sufficient access to get through.

516
00:34:09,280 --> 00:34:16,260
 That would include fire, police, and other public services.

517
00:34:16,260 --> 00:34:18,640
 I'll kind of highlight these pretty quickly.

518
00:34:18,640 --> 00:34:27,280
 The request for the SUP doesn't have any significant impact in regards to air quality,

519
00:34:27,280 --> 00:34:34,280
 lighting pollution, and it does, as we previously mentioned, increase landscaping and screening

520
00:34:34,280 --> 00:34:37,780
 around the property.

521
00:34:37,780 --> 00:34:41,560
 So I'll skip over criteria three because it kind of just highlights back to the previous

522
00:34:41,560 --> 00:34:47,680
 conditions for improvement, which talk about infrastructure, and the site does have adequate

523
00:34:47,680 --> 00:34:50,000
 infrastructure to it.

524
00:34:50,000 --> 00:34:52,000
 Criteria four talks about compatibility.

525
00:34:52,000 --> 00:34:55,400
 I'm actually only going to highlight three of them because there is a lot of repetition

526
00:34:55,400 --> 00:35:01,360
 between criteria two and then three and four, one being traffic generation.

527
00:35:01,360 --> 00:35:05,000
 So the previous legal use was an office.

528
00:35:05,000 --> 00:35:12,880
 This multifamily use, it being only five dwelling units, would have less of an impact on traffic

529
00:35:12,880 --> 00:35:20,840
 with no more than 37 weekday trips, exiting off onto Teasley Lane.

530
00:35:20,840 --> 00:35:29,120
 I did want to highlight, in terms of walkability and transportation, there is a DCTA bus stop

531
00:35:29,120 --> 00:35:36,120
 right off of this commercial property, and it is kind of like a low-scale property, so

532
00:35:36,120 --> 00:35:42,440
 it's easily walkable onto if someone needed to get to this stop and then kind of make

533
00:35:42,440 --> 00:35:47,960
 their way around the city.

534
00:35:47,960 --> 00:35:54,960
 So next, I provided some photos of those immediate adjacent properties around.

535
00:35:54,960 --> 00:36:01,160
 If you refer back to those aerials showing between 1964 and then today, there was that

536
00:36:01,160 --> 00:36:06,280
 steady increase of development around the '80s.

537
00:36:06,280 --> 00:36:14,760
 So this is what is just nearby, this existing property, so you'll see their low-rise multifamily,

538
00:36:14,760 --> 00:36:20,400
 some they call townhomes, but they're just multifamily units.

539
00:36:20,400 --> 00:36:26,120
 They're very low-scale, they do have masonry, stucco, and wood combination, which is consistent

540
00:36:26,120 --> 00:36:34,120
 with what the existing structure is today in terms of building materials.

541
00:36:34,120 --> 00:36:43,880
 And so with that, we did send out public notices, certified mail, around May 31st to 200-foot

542
00:36:43,880 --> 00:36:50,000
 boundary to eight property owners, and then sent out the 500-foot courtesy notices to

543
00:36:50,000 --> 00:36:52,240
 about 27 people.

544
00:36:52,240 --> 00:37:00,640
 To now, we have not received any responses in opposition favor, and no neighborhood meetings

545
00:37:00,640 --> 00:37:05,960
 were held for this request.

546
00:37:05,960 --> 00:37:10,400
 And so with this, staff is recommending approval of the SUP with the following conditions.

547
00:37:10,400 --> 00:37:16,320
 First, the SUP was reviewed under the 2002 Development Code, and therefore shall meet

548
00:37:16,320 --> 00:37:22,640
 all 2002 Development Code requirements of the CMG district, including but not limited

549
00:37:22,640 --> 00:37:26,960
 to the minimum residential unit size and parking requirements.

550
00:37:26,960 --> 00:37:33,600
 Second, any additional utility easements required to serve the project must be filed prior to

551
00:37:33,600 --> 00:37:35,920
 issuance of a building permit.

552
00:37:35,920 --> 00:37:41,080
 And third, the existing building must meet all building and fire code requirements for

553
00:37:41,080 --> 00:37:42,880
 the approved use.

554
00:37:42,880 --> 00:37:47,920
 So we did meet with the applicant earlier this month, and they have indicated agreement

555
00:37:47,920 --> 00:37:50,920
 with the conditions.

556
00:37:50,920 --> 00:37:51,920
 Commissioner Ellis.

557
00:37:51,920 --> 00:37:54,040
 Thank you, Chair.

558
00:37:54,040 --> 00:37:59,360
 Carina, this came to be because a complaint started all of this, from what I understand.

559
00:37:59,360 --> 00:38:00,360
 Yes.

560
00:38:00,360 --> 00:38:02,000
 Are there tenants in this place now?

561
00:38:02,000 --> 00:38:03,000
 No, not currently.

562
00:38:03,000 --> 00:38:04,240
 They don't have a CO.

563
00:38:04,240 --> 00:38:07,280
 They're not allowed to occupy the building currently.

564
00:38:07,280 --> 00:38:10,840
 They're kind of trying to go through the appropriate process before they can get to that point.

565
00:38:10,840 --> 00:38:14,400
 So maybe the complaint came from surrounding somewhere?

566
00:38:14,400 --> 00:38:16,480
 It might have been a tenant at the time.

567
00:38:16,480 --> 00:38:18,880
 The actual complaint doesn't list who it came from.

568
00:38:18,880 --> 00:38:21,240
 It just says a concerned citizen.

569
00:38:21,240 --> 00:38:27,500
 That was back in April 23rd of 2016.

570
00:38:27,500 --> 00:38:31,960
 And then also, earlier you mentioned they have to remove the propane tank and the fence

571
00:38:31,960 --> 00:38:32,960
 and all that.

572
00:38:32,960 --> 00:38:36,440
 Do we not want that part of the conditions?

573
00:38:36,440 --> 00:38:39,240
 I think that was something that we discussed.

574
00:38:39,240 --> 00:38:41,400
 Certainly we can make it more detailed on there.

575
00:38:41,400 --> 00:38:44,660
 I think it is shown on their plan that it is being removed.

576
00:38:44,660 --> 00:38:47,360
 It is shown on the site plan that they will remove it.

577
00:38:47,360 --> 00:38:53,600
 Which is a component of the approval.

578
00:38:53,600 --> 00:38:57,040
 So that was kind of one reason we didn't call out specifically, but that's certainly something

579
00:38:57,040 --> 00:39:00,560
 that can be proposed as a condition.

580
00:39:00,560 --> 00:39:04,000
 Did we call out that particular site plan as being?

581
00:39:04,000 --> 00:39:05,000
 Yes.

582
00:39:05,000 --> 00:39:06,000
 We did?

583
00:39:06,000 --> 00:39:07,000
 Yes.

584
00:39:07,000 --> 00:39:08,000
 Okay.

585
00:39:08,000 --> 00:39:09,000
 Any other questions?

586
00:39:09,000 --> 00:39:10,000
 Yes.

587
00:39:10,000 --> 00:39:18,000
 As far as the public vehicular access that you said that they assured that they have,

588
00:39:18,000 --> 00:39:25,600
 has anyone in our legal department reviewed it, because I know I haven't, and is it recorded?

589
00:39:25,600 --> 00:39:29,760
 Is it at least 24 feet wide?

590
00:39:29,760 --> 00:39:36,160
 I know you had a question about if fire was okay with it because of it not being 24 foot.

591
00:39:36,160 --> 00:39:38,040
 It's actually 20 foot.

592
00:39:38,040 --> 00:39:42,040
 We actually reached out to fire two times, and both times they indicated that it was

593
00:39:42,040 --> 00:39:48,280
 perfectly fine, that they've actually used the access now as it is, and it's okay.

594
00:39:48,280 --> 00:39:53,860
 In terms of the legal document of legal review, it's not to my knowledge that anyone's recently

595
00:39:53,860 --> 00:40:00,880
 reviewed it, but it is recorded by the, I think, I can't remember the date off my head,

596
00:40:00,880 --> 00:40:05,680
 but we did pull it up from Denton County records to verify it.

597
00:40:05,680 --> 00:40:10,480
 And I do have a copy of it with me today, I believe.

598
00:40:10,480 --> 00:40:16,800
 I only have one copy, but I can provide that to you between now and the meeting.

599
00:40:16,800 --> 00:40:23,480
 Well, yeah, I just wanted to point that out as an issue, because it does say that it's

600
00:40:23,480 --> 00:40:29,720
 a private drive up on the map, and that it's only 20 feet wide.

601
00:40:29,720 --> 00:40:36,480
 The DDC does have a requirement for non-single family residential private drives, it has to

602
00:40:36,480 --> 00:40:41,980
 be at least 24 feet wide when it's constructed.

603
00:40:41,980 --> 00:40:50,480
 And I understand that these are associated with development requirements, but just so

604
00:40:50,480 --> 00:40:59,240
 that the Planning and Zoning Commission can have, I guess, an informed decision in this

605
00:40:59,240 --> 00:41:08,880
 for recommending approval with respect to public access and the ability to drive through

606
00:41:08,880 --> 00:41:09,880
 it all.

607
00:41:09,880 --> 00:41:19,360
 The proposal, it sounds like, would not meet the current DDC requirements for access if

608
00:41:19,360 --> 00:41:27,480
 the lot were being platted at this time, and part of the SUP recommendation from the P&Z

609
00:41:27,480 --> 00:41:32,880
 is that they recommend it as far as traffic circulation and what have you.

610
00:41:32,880 --> 00:41:33,880
 Sure.

611
00:41:33,880 --> 00:41:41,840
 So to kind of break it down and address it in pieces, because the SUP is not for an expansion

612
00:41:41,840 --> 00:41:46,560
 to the site, they're simply using what is existing, it does not meet that expansion

613
00:41:46,560 --> 00:41:50,960
 applicability table in sub-chapter 13 of the 2002 code.

614
00:41:50,960 --> 00:41:55,380
 So everything related to development standards don't actually apply.

615
00:41:55,380 --> 00:42:01,240
 What does apply is specifically the zoning requirements and that's why we call out minimum

616
00:42:01,240 --> 00:42:08,160
 residential unit size and landscaping, because that is specific to the CMG zoning district.

617
00:42:08,160 --> 00:42:14,400
 And so that's certainly something that can be taken up for discussion, but I just wanted

618
00:42:14,400 --> 00:42:20,000
 to note because it was not an expansion, that's why additional development standards weren't

619
00:42:20,000 --> 00:42:21,000
 enforced.

620
00:42:21,000 --> 00:42:32,080
 And sure, it is the recommendation of a specific use permit is discretionary on these elements,

621
00:42:32,080 --> 00:42:38,600
 and so I just want to make sure that it's clear to the commission that those issues

622
00:42:38,600 --> 00:42:39,600
 are there.

623
00:42:39,600 --> 00:42:44,660
 It's certainly up to the commission as to whether or not to recommend it to the council.

624
00:42:44,660 --> 00:42:50,680
 To provide a little bit more background also, the requirements for the 24-foot aisle are

625
00:42:50,680 --> 00:42:54,360
 within the subdivision regulations of the DDC.

626
00:42:54,360 --> 00:42:57,960
 There's also exemptions within the subdivision regulations.

627
00:42:57,960 --> 00:43:03,680
 If they are, if they're doing an expansion or interior renovation that's not requiring

628
00:43:03,680 --> 00:43:07,640
 any extension of public improvements, they're not required to plat.

629
00:43:07,640 --> 00:43:13,240
 And so that's really also part of the reason why we did not enforce that component of the

630
00:43:13,240 --> 00:43:14,240
 subdivision regulations.

631
00:43:14,240 --> 00:43:17,540
 One, because they're not subdividing, two, they're not requiring extension of public

632
00:43:17,540 --> 00:43:21,840
 improvements that would require them to plat.

633
00:43:21,840 --> 00:43:22,840
 Mr. Beck?

634
00:43:22,840 --> 00:43:23,840
 Thank you, Chair.

635
00:43:23,840 --> 00:43:27,480
 So just to confirm, it can be 20-feet wide and we're okay with that, that's going to

636
00:43:27,480 --> 00:43:31,180
 be allowed, right?

637
00:43:31,180 --> 00:43:34,560
 From our perspective, yes.

638
00:43:34,560 --> 00:43:37,560
 That's for your recommendation.

639
00:43:37,560 --> 00:43:41,400
 Is it pervious or impervious?

640
00:43:41,400 --> 00:43:42,400
 Impervious.

641
00:43:42,400 --> 00:43:43,400
 Okay.

642
00:43:43,400 --> 00:43:44,400
 Thanks.

643
00:43:44,400 --> 00:43:47,840
 Any other questions?

644
00:43:47,840 --> 00:43:48,840
 Great.

645
00:43:48,840 --> 00:43:52,280
 Thank you very much.

646
00:43:52,280 --> 00:44:08,200
 Next item on the agenda is item DS19-0002 and this is Julie Wyatt's item.

647
00:44:08,200 --> 00:44:19,760
 All right, so this is S19-0002, Forest Crossing.

648
00:44:19,760 --> 00:44:23,200
 The request before you is the specific use permit for multifamily dwellings.

649
00:44:23,200 --> 00:44:30,240
 The subject property is located north of McKinney between May Hill and Loop 288 here.

650
00:44:30,240 --> 00:44:33,120
 The property is here in yellow.

651
00:44:33,120 --> 00:44:36,000
 It's about 15 acres.

652
00:44:36,000 --> 00:44:39,100
 Subject property has a CMG zoning designation.

653
00:44:39,100 --> 00:44:46,080
 You might remember that case going before you in 2017, it's been fairly recent.

654
00:44:46,080 --> 00:44:55,760
 And within the CMG zoning district, multifamily developments require an SUP for development

655
00:44:55,760 --> 00:45:00,280
 if they're not part of a mixed use type of program.

656
00:45:00,280 --> 00:45:03,600
 So they're just doing multifamily at this time, so that's why they're coming for you

657
00:45:03,600 --> 00:45:05,640
 for the SUP.

658
00:45:05,640 --> 00:45:09,400
 As you're aware, the criteria for approval for an SUP are in subchapter six of the Denton

659
00:45:09,400 --> 00:45:10,400
 Development Code.

660
00:45:10,400 --> 00:45:11,720
 I won't read all of these to you.

661
00:45:11,720 --> 00:45:12,720
 It is in your backup.

662
00:45:12,720 --> 00:45:16,040
 We'll just talk about them as we talk about the site plan and elements related to the

663
00:45:16,040 --> 00:45:18,280
 development.

664
00:45:18,280 --> 00:45:22,800
 So first thing we always look at is the future land use map in the Denton Plan 2030.

665
00:45:22,800 --> 00:45:24,760
 This area is community mixed use.

666
00:45:24,760 --> 00:45:30,080
 The intent of community mixed use is to promote a mix of uses, both commercial with complementary

667
00:45:30,080 --> 00:45:32,240
 residential uses.

668
00:45:32,240 --> 00:45:37,260
 It's intended to encourage diversity with use, within proximity to each other, to really

669
00:45:37,260 --> 00:45:43,400
 create a sense of place, to have those uses that work together as a district and create

670
00:45:43,400 --> 00:45:46,200
 vitality within that area.

671
00:45:46,200 --> 00:45:49,680
 Multifamily development is consistent with this future land use map.

672
00:45:49,680 --> 00:45:56,000
 The complementary residential use is definitely a necessary component of any mixed use and

673
00:45:56,000 --> 00:45:58,400
 commercial center.

674
00:45:58,400 --> 00:46:02,520
 Multifamily is often also found in mixed use districts.

675
00:46:02,520 --> 00:46:07,360
 We also looked at some other parts of the Denton Plan 2030, and in particular the growth

676
00:46:07,360 --> 00:46:09,340
 projections for Denton.

677
00:46:09,340 --> 00:46:13,360
 As part of the preparation of that plan, they did do an exercise where they projected the

678
00:46:13,360 --> 00:46:15,000
 growth.

679
00:46:15,000 --> 00:46:22,160
 Denton is, per the plan, anticipated to grow to over 200,000 people by 2030.

680
00:46:22,160 --> 00:46:29,240
 In order to accommodate all of those people, at least 12,000 new multifamily units will

681
00:46:29,240 --> 00:46:30,800
 be needed.

682
00:46:30,800 --> 00:46:35,680
 In multifamily developments in areas like the subject property, these are strategic

683
00:46:35,680 --> 00:46:36,680
 areas.

684
00:46:36,680 --> 00:46:37,680
 They're already urbanized areas.

685
00:46:37,680 --> 00:46:44,160
 They're adjacent to arterials to access, to schools, to employment, to shopping.

686
00:46:44,160 --> 00:46:51,080
 And that does promote the intent to reduce sprawl and to provide for a compact development

687
00:46:51,080 --> 00:46:52,080
 pattern.

688
00:46:52,080 --> 00:46:59,520
 It's already an urbanized area and adding that multifamily is a component of that.

689
00:46:59,520 --> 00:47:03,480
 As with any SUP, we look at the site plan, and we'll talk about that now.

690
00:47:03,480 --> 00:47:05,360
 So this is the site plan.

691
00:47:05,360 --> 00:47:08,280
 It's got lots of colors on it here.

692
00:47:08,280 --> 00:47:13,680
 The property boundary is outlined in the black hatch mark.

693
00:47:13,680 --> 00:47:19,720
 They're proposing 12 multifamily buildings, and those are generally shown in the purple.

694
00:47:19,720 --> 00:47:23,000
 Their lot coverage they're proposing is 68.4%.

695
00:47:23,000 --> 00:47:26,360
 They could go up to a maximum of 80% in CMG.

696
00:47:26,360 --> 00:47:31,240
 And then the inverse landscape area is 31.5%.

697
00:47:31,240 --> 00:47:35,480
 Maximum building height that they're proposing is the 41.9 maximum feet.

698
00:47:35,480 --> 00:47:38,400
 They could go up to 65 feet.

699
00:47:38,400 --> 00:47:45,720
 Maximum density in CMG is, it's showing 30.

700
00:47:45,720 --> 00:47:47,240
 Actually that's an error.

701
00:47:47,240 --> 00:47:48,240
 It's actually zero.

702
00:47:48,240 --> 00:47:50,620
 CMG doesn't have a maximum density.

703
00:47:50,620 --> 00:47:55,840
 So they are proposing 18 dwelling units per acre.

704
00:47:55,840 --> 00:48:01,780
 They are also proposing a community building with a pool, controlled access gates, two

705
00:48:01,780 --> 00:48:06,360
 detention areas, one here and one here to ensure that they don't improperly drain on

706
00:48:06,360 --> 00:48:08,040
 adjacent properties.

707
00:48:08,040 --> 00:48:12,040
 They're also proposing what I dubbed kind of a donut design.

708
00:48:12,040 --> 00:48:18,920
 They've got 15 acres here surrounded by undeveloped property, particularly along the arterials.

709
00:48:18,920 --> 00:48:22,540
 So you see undeveloped property in blue.

710
00:48:22,540 --> 00:48:26,480
 And then you've got McKinney Street here and Mayhill Road.

711
00:48:26,480 --> 00:48:32,240
 So this really is kind of an ideal site plan or orientation for this kind of mixed use

712
00:48:32,240 --> 00:48:36,840
 because it puts that residential in a central location.

713
00:48:36,840 --> 00:48:43,440
 It reserves the property that has the greatest visibility and access adjacent to those arterials,

714
00:48:43,440 --> 00:48:47,320
 reserves that for the commercial development, also separates the residential from those

715
00:48:47,320 --> 00:48:52,760
 high capacity roads to kind of provide that buffer.

716
00:48:52,760 --> 00:48:59,800
 Also fencing is proposed around the subject property as well as the parking will separate

717
00:48:59,800 --> 00:49:04,380
 the proposed residential from any commercial development to really mute any potential nuisances

718
00:49:04,380 --> 00:49:09,300
 between commercial development and residential, you know, noise, light, that type of thing.

719
00:49:09,300 --> 00:49:11,560
 And it also meets parking regulations.

720
00:49:11,560 --> 00:49:16,800
 They're proposing two access points, one on Mayhill Road here and then one on East McKinney

721
00:49:16,800 --> 00:49:19,000
 here.

722
00:49:19,000 --> 00:49:23,880
 For their landscape plan, they're proposing 476 new trees.

723
00:49:23,880 --> 00:49:29,360
 Your backup explains the variety in species and canopy.

724
00:49:29,360 --> 00:49:34,280
 So here is the north portion of the site plan with all of the tree dots I had to split up

725
00:49:34,280 --> 00:49:35,280
 the landscape plan.

726
00:49:35,280 --> 00:49:37,080
 So here's the north portion.

727
00:49:37,080 --> 00:49:42,080
 All of those trees when at their maturity would total over 300,000 square feet in new

728
00:49:42,080 --> 00:49:43,560
 canopy.

729
00:49:43,560 --> 00:49:46,080
 And then here's the southern portion.

730
00:49:46,080 --> 00:49:53,840
 They are also proposing to preserve larger areas for those existing trees.

731
00:49:53,840 --> 00:49:59,960
 They are meeting the tree preservation requirements, but they are preserving tree stands in specific

732
00:49:59,960 --> 00:50:03,840
 locations to kind of have more of an impact of that tree preservation.

733
00:50:03,840 --> 00:50:08,840
 And once again, the green dots show those proposed trees.

734
00:50:08,840 --> 00:50:10,360
 >> I'm glad you mentioned that was my concern.

735
00:50:10,360 --> 00:50:14,880
 I saw all those trees in there and I saw all these new trees in, but I didn't see anything

736
00:50:14,880 --> 00:50:16,320
 in there about tree preservation.

737
00:50:16,320 --> 00:50:20,200
 So the tree preservation for this is 20% or 30%?

738
00:50:20,200 --> 00:50:25,600
 >> It will actually fall under the 2019 code -- I'm sorry, the 2002 code based upon when

739
00:50:25,600 --> 00:50:26,880
 they submitted.

740
00:50:26,880 --> 00:50:31,500
 So they'll meet the minimums of that 12 and a half percent.

741
00:50:31,500 --> 00:50:34,120
 They will be a mitigation required as well.

742
00:50:34,120 --> 00:50:35,120
 >> Right.

743
00:50:35,120 --> 00:50:36,120
 Okay.

744
00:50:36,120 --> 00:50:37,120
 Thank you.

745
00:50:37,120 --> 00:50:40,000
 >> Here is a sample of the elevations.

746
00:50:40,000 --> 00:50:41,720
 They're proposing three story buildings.

747
00:50:41,720 --> 00:50:47,000
 They've got a variety of earth tones with bright accent colors like orange, yellow and

748
00:50:47,000 --> 00:50:52,640
 burgundy in specific locations to differentiate the buildings to kind of add a little pop

749
00:50:52,640 --> 00:50:54,640
 of color.

750
00:50:54,640 --> 00:51:02,560
 The exterior facades include fiber siding, stone brick and metal guard rails.

751
00:51:02,560 --> 00:51:09,920
 It's also noted in your backup that as part of this SUP, they will also have to pursue

752
00:51:09,920 --> 00:51:12,640
 an alternative development plan.

753
00:51:12,640 --> 00:51:17,240
 If the SUP is approved, we are recommending a condition that they come back with an alternative

754
00:51:17,240 --> 00:51:18,240
 development plan.

755
00:51:18,240 --> 00:51:23,880
 There's a couple of areas in subchapter 13 of the DENT development code that due to that

756
00:51:23,880 --> 00:51:29,040
 unique property boundary, they are requesting to deviate from.

757
00:51:29,040 --> 00:51:34,120
 One being that the 50% of the front yard frontage shall have buildings within 20 feet of the

758
00:51:34,120 --> 00:51:35,260
 front property line.

759
00:51:35,260 --> 00:51:42,920
 Well, we've got two little arms that jut out and those really aren't ideal locations for

760
00:51:42,920 --> 00:51:43,920
 buildings.

761
00:51:43,920 --> 00:51:45,800
 They're a little too narrow.

762
00:51:45,800 --> 00:51:49,000
 The other would be the parking areas between the building and the street.

763
00:51:49,000 --> 00:51:53,520
 There is a parking area proposed for right here for guests.

764
00:51:53,520 --> 00:51:56,440
 So that is a deviation they're going to be requesting.

765
00:51:56,440 --> 00:51:59,500
 And then adjacent buildings should have different elevations.

766
00:51:59,500 --> 00:52:03,920
 They really wanted to go with a consistent theme across all of the buildings.

767
00:52:03,920 --> 00:52:11,360
 And so if that SUP is approved, we are requesting that they come back with that ADP.

768
00:52:11,360 --> 00:52:14,360
 Staff really doesn't have a lot of heartburn for it, but they do need to follow that process

769
00:52:14,360 --> 00:52:18,600
 and it is approved by the Planning and Zoning Commission.

770
00:52:18,600 --> 00:52:23,680
 As part of the request, we looked at the infrastructure and in particular transportation.

771
00:52:23,680 --> 00:52:31,200
 They did a traffic impact analysis and per the ITE trip generation manual, they are anticipating

772
00:52:31,200 --> 00:52:35,080
 over 2100 trips per day within a 24-hour day.

773
00:52:35,080 --> 00:52:39,080
 Morning hour peak would be 130 and evening would be 151.

774
00:52:39,080 --> 00:52:42,860
 As part of the development, they would have to pay roadway impact fees.

775
00:52:42,860 --> 00:52:48,560
 This is based on the number of dwelling units and those vehicle trips by the ITE manual.

776
00:52:48,560 --> 00:52:53,280
 These are used to implement the mobility plan and the estimated amount for the proposal

777
00:52:53,280 --> 00:52:58,920
 is about 357,000 or about 1200 per dwelling unit.

778
00:52:58,920 --> 00:53:05,360
 They will also as part of the development have to improve or make improvements to the

779
00:53:05,360 --> 00:53:06,360
 perimeter streets.

780
00:53:06,360 --> 00:53:10,080
 Now we're going to talk about capital improvements in the area in just a minute, but there is

781
00:53:10,080 --> 00:53:14,820
 a little bit of timing issue with the capital improvements and the development of the property.

782
00:53:14,820 --> 00:53:18,800
 If the development comes before the capital improvements, particularly on McKinney Street

783
00:53:18,800 --> 00:53:23,520
 that's moving forward, but it may lag a little bit behind, then the applicant would be required

784
00:53:23,520 --> 00:53:28,640
 to do the perimeter street improvements just on their little tiny portion.

785
00:53:28,640 --> 00:53:31,760
 If the capital comes first, then they wouldn't be required to do it.

786
00:53:31,760 --> 00:53:39,040
 However, they will be required to add an eastbound left turn lane as part of engineering's analysis.

787
00:53:39,040 --> 00:53:46,080
 They wanted to make sure that there was a safe turning movement into the site going

788
00:53:46,080 --> 00:53:47,080
 toward the east.

789
00:53:47,080 --> 00:53:53,200
 Julie, if they put in their side on McKinney, would they get a rebate from the impact fee

790
00:53:53,200 --> 00:53:55,960
 for building that road?

791
00:53:55,960 --> 00:54:00,720
 Our impact fee ordinance does have a rebate system.

792
00:54:00,720 --> 00:54:10,760
 It depends on how much improvements that they construct and then versus that.

793
00:54:10,760 --> 00:54:16,480
 Once all of the engineering plans get done and the construction costs are determined,

794
00:54:16,480 --> 00:54:18,800
 that's when we can really see what those credits are.

795
00:54:18,800 --> 00:54:19,800
 Commissioner Smith.

796
00:54:19,800 --> 00:54:20,800
 Thank you, Chair.

797
00:54:20,800 --> 00:54:21,800
 A couple things.

798
00:54:21,800 --> 00:54:24,040
 One, we're talking about the turn lane.

799
00:54:24,040 --> 00:54:30,840
 So the left hander on McKinney, has TxDOT expressed any knowledge or conversation about

800
00:54:30,840 --> 00:54:35,480
 on May Hill, turn at 2499, having turn in lanes into that property or what that looks

801
00:54:35,480 --> 00:54:37,440
 like on May Hill heading northbound?

802
00:54:37,440 --> 00:54:38,960
 Any discussion on that?

803
00:54:38,960 --> 00:54:39,960
 I have the drawings.

804
00:54:39,960 --> 00:54:42,000
 If you'll give me a minute, I'll go show them.

805
00:54:42,000 --> 00:54:43,000
 Sure.

806
00:54:43,000 --> 00:54:44,000
 Go ahead.

807
00:54:44,000 --> 00:54:45,000
 Is it May Hill, TxDOT?

808
00:54:45,000 --> 00:54:49,160
 It's going to be 2499, so I assume it's TxDOT.

809
00:54:49,160 --> 00:54:53,280
 It's going to be.

810
00:54:53,280 --> 00:54:58,360
 So they're expanding 249 all the way up to 380.

811
00:54:58,360 --> 00:55:04,080
 So am I right in saying that, Julie, that it's TxDOT project?

812
00:55:04,080 --> 00:55:15,440
 So right now, they don't -- their TIA didn't anticipate needing a -- I take that back.

813
00:55:15,440 --> 00:55:22,920
 There is a full median opening here proposed with a turn lane.

814
00:55:22,920 --> 00:55:24,720
 Dedicated left turn lane.

815
00:55:24,720 --> 00:55:25,720
 Okay.

816
00:55:25,720 --> 00:55:27,200
 The other question I had -- good.

817
00:55:27,200 --> 00:55:28,200
 Thank you.

818
00:55:28,200 --> 00:55:29,200
 Appreciate it.

819
00:55:29,200 --> 00:55:31,760
 The other thing I was going to ask was sidewalks.

820
00:55:31,760 --> 00:55:38,200
 I know whenever we had the manufactured home project further down the other side of Ryan,

821
00:55:38,200 --> 00:55:39,200
 what was the discussion?

822
00:55:39,200 --> 00:55:42,560
 I guess on McKinney and the easements and the development that's supposed to happen,

823
00:55:42,560 --> 00:55:44,480
 is there a McKinney development down that way?

824
00:55:44,480 --> 00:55:50,200
 Is that in the traffic department right now with McKinney being widened and improved?

825
00:55:50,200 --> 00:55:54,360
 And if so, I guess sidewalks, if we're going to have apartments there, folks welcome back

826
00:55:54,360 --> 00:56:01,280
 and forth to Ryan because those kids are certainly too close to be bused and also too close for

827
00:56:01,280 --> 00:56:04,760
 the parents to justify driving them to school every single day, but there is no sidewalks

828
00:56:04,760 --> 00:56:06,920
 up and down McKinney to Ryan and back.

829
00:56:06,920 --> 00:56:11,400
 So I don't know if there was something in the city's plans for McKinney for sidewalks

830
00:56:11,400 --> 00:56:12,400
 or of TxDOT.

831
00:56:12,400 --> 00:56:14,880
 I could look on here, but TxDOT's plans for sidewalks here as well.

832
00:56:14,880 --> 00:56:15,880
 Five-foot sidewalk.

833
00:56:15,880 --> 00:56:16,880
 Five-foot sidewalk?

834
00:56:16,880 --> 00:56:17,880
 Yes, sir.

835
00:56:17,880 --> 00:56:18,880
 Okay.

836
00:56:18,880 --> 00:56:19,880
 For the McKinney expansion?

837
00:56:19,880 --> 00:56:22,820
 Where is that project at right now?

838
00:56:22,820 --> 00:56:28,520
 It is, they are close to going under construction, I believe.

839
00:56:28,520 --> 00:56:29,520
 Okay.

840
00:56:29,520 --> 00:56:30,520
 Thanks.

841
00:56:30,520 --> 00:56:36,280
 And this really kind of talks about those nearby capital improvements.

842
00:56:36,280 --> 00:56:42,080
 Just to let you know, McKinney east of loop 288 will be expanded and improved to a four-lane

843
00:56:42,080 --> 00:56:45,600
 divided road with curb gutter and sidewalks, that five-foot sidewalk.

844
00:56:45,600 --> 00:56:48,080
 And then May Hill is under construction.

845
00:56:48,080 --> 00:56:51,860
 It will include four travel lanes with a large median to allow for additional lanes to be

846
00:56:51,860 --> 00:56:54,480
 added in the future.

847
00:56:54,480 --> 00:56:57,080
 Water and wastewater are available to the site.

848
00:56:57,080 --> 00:56:58,160
 Parks.

849
00:56:58,160 --> 00:57:03,560
 We looked at parks and how close the nearest park was.

850
00:57:03,560 --> 00:57:09,960
 The site is about 3,700 linear feet from Milam Park, which is about a 15 to 20-minute walk,

851
00:57:09,960 --> 00:57:16,780
 which does exceed that 10-minute walk to a park goal that our parks department has set

852
00:57:16,780 --> 00:57:17,780
 for itself.

853
00:57:17,780 --> 00:57:22,160
 We are looking at ways to increase their parkland.

854
00:57:22,160 --> 00:57:26,800
 So I'm sure Parks is going to be going forward with their new master plan.

855
00:57:26,800 --> 00:57:29,280
 I know they're working at public outreach on that.

856
00:57:29,280 --> 00:57:33,480
 So it's forthcoming in order to add more parkland.

857
00:57:33,480 --> 00:57:34,480
 Commissioner Beck.

858
00:57:34,480 --> 00:57:35,480
 Thank you, Chair.

859
00:57:35,480 --> 00:57:36,960
 Can you show us where Milam Park is on there?

860
00:57:36,960 --> 00:57:37,960
 I was…

861
00:57:37,960 --> 00:57:38,960
 It is.

862
00:57:38,960 --> 00:57:41,160
 It is across loop 288 and…

863
00:57:41,160 --> 00:57:42,160
 Okay.

864
00:57:42,160 --> 00:57:43,160
 Thanks.

865
00:57:43,160 --> 00:57:50,600
 Schools, there is adequate capacity within the schools that are in the attendance boundary.

866
00:57:50,600 --> 00:57:55,520
 And it is about half a mile from the nearest fire station, which meets the fire's goal

867
00:57:55,520 --> 00:57:58,600
 of 8-minute or less response time.

868
00:57:58,600 --> 00:58:04,160
 We also did, as part of the analysis, just a general property tax analysis looking at

869
00:58:04,160 --> 00:58:09,260
 the value per acre and the value of the property is unimproved versus what those estimated

870
00:58:09,260 --> 00:58:10,260
 improvements are.

871
00:58:10,260 --> 00:58:14,240
 So the estimated improvement value comes from the applicant.

872
00:58:14,240 --> 00:58:18,400
 That value per acre comes from Denton County Appraisal District.

873
00:58:18,400 --> 00:58:28,020
 So really just bottom line, our analysis yielded that between the 2018 city taxes and the estimated

874
00:58:28,020 --> 00:58:35,120
 taxes with improvements that there would be a potential increase in about $198,000 in

875
00:58:35,120 --> 00:58:40,160
 city taxes per year.

876
00:58:40,160 --> 00:58:41,360
 We sent out public notification.

877
00:58:41,360 --> 00:58:44,880
 We haven't received any responses.

878
00:58:44,880 --> 00:58:52,360
 So as a recommendation, we recommend approval of the request, that it's consistent with

879
00:58:52,360 --> 00:59:01,320
 the site plan, landscape plan, and elevations, and these listings just go over what that

880
00:59:01,320 --> 00:59:09,400
 site plan includes, the 12 buildings, the tree plantings, the bicycle racks.

881
00:59:09,400 --> 00:59:14,100
 And then as part of our conditions for the recommendation, we recommended that within

882
00:59:14,100 --> 00:59:18,760
 30 days of City Council approval that they come back with that alternative development

883
00:59:18,760 --> 00:59:19,760
 plan.

884
00:59:19,760 --> 00:59:20,760
 They've actually applied for it.

885
00:59:20,760 --> 00:59:25,920
 So really it's just a matter of them getting back on the P&Z schedule for those areas of

886
00:59:25,920 --> 00:59:30,860
 the Denton Development Code where they've requested a deviation.

887
00:59:30,860 --> 00:59:33,900
 And I will stand for any questions.

888
00:59:33,900 --> 00:59:34,900
 >> Mr. Beck.

889
00:59:34,900 --> 00:59:35,900
 >> Thanks, Chair.

890
00:59:35,900 --> 00:59:37,520
 Thanks, Julie.

891
00:59:37,520 --> 00:59:48,140
 So they decided to go with the 2002 DDC regulations, which you said tree canopy coverage was only

892
00:59:48,140 --> 00:59:51,120
 or preservation was 12%?

893
00:59:51,120 --> 00:59:53,480
 >> Well it depends on the classification of the trees.

894
00:59:53,480 --> 01:00:02,480
 So the secondary trees, I believe, they have to preserve 20%, but they can mitigate down

895
01:00:02,480 --> 01:00:03,480
 to 10%.

896
01:00:03,480 --> 01:00:04,800
 The quality trees would be --

897
01:00:04,800 --> 01:00:10,040
 >> See, I thought it was they could -- it was 30% they could mitigate down to 20%.

898
01:00:10,040 --> 01:00:11,040
 >> That's the new one.

899
01:00:11,040 --> 01:00:12,040
 >> That's the new one.

900
01:00:12,040 --> 01:00:13,040
 Yes, sir.

901
01:00:13,040 --> 01:00:14,040
 >> Okay.

902
01:00:14,040 --> 01:00:15,040
 >> We're going to go over that on the next one.

903
01:00:15,040 --> 01:00:16,040
 >> Okay.

904
01:00:16,040 --> 01:00:18,940
 And I know we're just talking about an SGP here, but I want to throw this out.

905
01:00:18,940 --> 01:00:22,680
 We were talking about the roads and widening.

906
01:00:22,680 --> 01:00:28,720
 That entrance and exit there on McKinney, you said, was going to line up with the street

907
01:00:28,720 --> 01:00:33,360
 Dutchess Drive, and obviously there's that little commercial area.

908
01:00:33,360 --> 01:00:41,560
 What's their plans, do we know if they're going to put a marked crosswalk there to kind

909
01:00:41,560 --> 01:00:45,320
 of stand out so traffic buzzing through there, we'll know.

910
01:00:45,320 --> 01:00:46,320
 >> I don't know.

911
01:00:46,320 --> 01:00:47,320
 >> Okay.

912
01:00:47,320 --> 01:00:49,280
 >> I haven't been -- no discussion about that.

913
01:00:49,280 --> 01:00:54,760
 >> Is that something that we can put on our matrix that you'll find out -- okay, I'll

914
01:00:54,760 --> 01:00:55,760
 bring that up later.

915
01:00:55,760 --> 01:00:56,760
 Thanks.

916
01:00:56,760 --> 01:01:05,440
 Make sure that was the only thing -- oh, I guess the other thing, too, and maybe I'll

917
01:01:05,440 --> 01:01:10,000
 bring this up with the matrix, is I'll deal with it later.

918
01:01:10,000 --> 01:01:11,000
 Thanks.

919
01:01:11,000 --> 01:01:12,000
 >> Okay.

920
01:01:12,000 --> 01:01:13,000
 >> Krista Ellis.

921
01:01:13,000 --> 01:01:14,000
 >> Thank you.

922
01:01:14,000 --> 01:01:20,720
 Julie, is there no other way to take care of this ADP issue, I mean, them forcing them

923
01:01:20,720 --> 01:01:22,120
 to come back through?

924
01:01:22,120 --> 01:01:27,480
 Is there no other way to do this?

925
01:01:27,480 --> 01:01:34,720
 It just seems so odd to be approving an SUP that needs to come back and put the applicant

926
01:01:34,720 --> 01:01:41,960
 through another process and cost, and I don't -- I'm very confused.

927
01:01:41,960 --> 01:01:42,960
 >> Unfortunately, no.

928
01:01:42,960 --> 01:01:43,960
 >> Really?

929
01:01:43,960 --> 01:01:44,960
 Okay.

930
01:01:44,960 --> 01:01:52,440
 >> I think the -- sort of the quagmire we're in, SUPs go to City Council for approval,

931
01:01:52,440 --> 01:02:01,180
 and so it's -- if for some reason that SUP doesn't get approved or it changes, then we're

932
01:02:01,180 --> 01:02:09,120
 back again changing an ADP, and so we sort of talk through the various options for them,

933
01:02:09,120 --> 01:02:14,720
 including even under the 2019 code, which would still require an SUP, and this was the

934
01:02:14,720 --> 01:02:17,920
 route that they wanted to move forward with.

935
01:02:17,920 --> 01:02:18,920
 >> Okay.

936
01:02:18,920 --> 01:02:28,480
 >> I don't see any other questions.

937
01:02:28,480 --> 01:02:31,520
 Thank you, Julie.

938
01:02:31,520 --> 01:02:35,240
 You are coming back up.

939
01:02:35,240 --> 01:02:45,120
 There's a new project, Agave Ranch, that we get to hear about.

940
01:02:45,120 --> 01:02:48,680
 >> I'll be brief on this one.

941
01:02:48,680 --> 01:02:50,280
 All right.

942
01:02:50,280 --> 01:02:54,520
 This is Z1811, Agave Ranch.

943
01:02:54,520 --> 01:02:58,520
 Before I got into the request, I wanted to talk about a timeline, because I know this

944
01:02:58,520 --> 01:03:03,560
 is a project you've seen before, so if you remember back to January of this year, they

945
01:03:03,560 --> 01:03:08,640
 did have a request to rezone the entire subject property at NR4.

946
01:03:08,640 --> 01:03:13,080
 At that meeting, Planning and Zoning Commission recommended denial.

947
01:03:13,080 --> 01:03:15,840
 They came back and modified the request.

948
01:03:15,840 --> 01:03:18,680
 It did not go to City Council at that time.

949
01:03:18,680 --> 01:03:23,280
 They came back to the city and modified the request to have a combination of zoning districts

950
01:03:23,280 --> 01:03:29,760
 of NR3, NR4, and NR2, and that was on May 15th.

951
01:03:29,760 --> 01:03:34,640
 At the deliberation, the Planning and Zoning Commission recommended they go back and revise

952
01:03:34,640 --> 01:03:41,720
 the plan to reduce the densities, and so the Planning and Zoning Commission voted to postpone

953
01:03:41,720 --> 01:03:44,680
 the item indefinitely so that they could revise their plan.

954
01:03:44,680 --> 01:03:49,120
 So at this point, now they've revised their plan, but it hasn't gone to City Council yet,

955
01:03:49,120 --> 01:03:52,560
 so here we are this evening.

956
01:03:52,560 --> 01:03:54,260
 So the request.

957
01:03:54,260 --> 01:04:01,760
 It's an initial zoning district and a change in zoning from RD5 and RD5X, or I'm sorry,

958
01:04:01,760 --> 01:04:12,880
 just RD5, to NR3 on 45.5 acres and NR2 on 46.5 acres, the total of which is 92.06 acres

959
01:04:12,880 --> 01:04:20,800
 of land, and it is outlined in yellow here on the east side of FM 428, just north of

960
01:04:20,800 --> 01:04:22,760
 the loop.

961
01:04:22,760 --> 01:04:26,480
 And just here's a map of the current and then what they're proposing.

962
01:04:26,480 --> 01:04:33,320
 It might be a little difficult to see, but here's their proposal for the NR2 to be toward

963
01:04:33,320 --> 01:04:43,560
 the north and east portions and then the NR3 to be adjacent to FM 428.

964
01:04:43,560 --> 01:04:46,240
 So your backup has a lot of this information.

965
01:04:46,240 --> 01:04:49,480
 NR3 and NR2 are both kind of single-family districts.

966
01:04:49,480 --> 01:04:52,160
 Some of them do have a little different uses.

967
01:04:52,160 --> 01:04:53,480
 Or density districts.

968
01:04:53,480 --> 01:04:58,680
 The existing zoning is more of our rural or agricultural districts.

969
01:04:58,680 --> 01:05:02,400
 The criteria for approval is in sub-chapter 3 of the Denton Development Code.

970
01:05:02,400 --> 01:05:05,440
 First thing we always look at, Denton Plan 2030.

971
01:05:05,440 --> 01:05:08,000
 The area is designated rural area.

972
01:05:08,000 --> 01:05:14,440
 The proposed zoning district does not meet the future land use designation.

973
01:05:14,440 --> 01:05:20,040
 So we look at the additional criteria for approval in sub-chapter 3, the first of which

974
01:05:20,040 --> 01:05:24,640
 is it compatible with the existing land and zoning uses and the impact of future development.

975
01:05:24,640 --> 01:05:29,680
 Our analysis yielded that this is a rural but it is an urbanizing area and development,

976
01:05:29,680 --> 01:05:34,380
 the way it's tracking is going up toward our north arterials.

977
01:05:34,380 --> 01:05:41,720
 And so these recent cases do show a continuous development pattern.

978
01:05:41,720 --> 01:05:48,200
 It's also adjacent to NR4, which is a more dense zoning district and NR2, then the proposal

979
01:05:48,200 --> 01:05:55,860
 could potentially create a buffer between the rural areas to the east and FM428.

980
01:05:55,860 --> 01:06:00,320
 We looked at or the applicant provided trip generation for more units than what they're

981
01:06:00,320 --> 01:06:06,800
 proposing, actually 310, and that would yield the higher number of units because the current

982
01:06:06,800 --> 01:06:11,960
 proposal would be a maximum of 252 dwelling units.

983
01:06:11,960 --> 01:06:15,920
 310 would generate about 2,900 trips per day.

984
01:06:15,920 --> 01:06:22,160
 As a result of this case, as well as others in the area, the city did do that traffic

985
01:06:22,160 --> 01:06:23,640
 study.

986
01:06:23,640 --> 01:06:29,120
 And there are capital improvement projects in the area, particularly a signal at the

987
01:06:29,120 --> 01:06:36,060
 intersection of FM428 and Loop 288, as well as a dedicated right turn in that area.

988
01:06:36,060 --> 01:06:40,200
 So both of those things are supposed to be installed by the end of the year.

989
01:06:40,200 --> 01:06:48,100
 And here's what the transportation study determined, that there are more east-west

990
01:06:48,100 --> 01:06:50,640
 connections needed in this area.

991
01:06:50,640 --> 01:06:55,700
 Right now, really, FM428 is the central spine getting in and out of Denton.

992
01:06:55,700 --> 01:07:02,520
 And so additional east-west connections are going to be needed in order to accommodate

993
01:07:02,520 --> 01:07:10,360
 future and current growth, as well as the outer loop that will eventually come our way.

994
01:07:10,360 --> 01:07:15,440
 The subject site is there in red, probably not to scale, but this is Hartley Field would

995
01:07:15,440 --> 01:07:22,240
 be -- or, I'm sorry, a connection would be required kind of on the north end of the property.

996
01:07:22,240 --> 01:07:27,400
 And then Hartley Field, per this proposed plan, would kind of straighten out and head

997
01:07:27,400 --> 01:07:28,400
 west.

998
01:07:28,400 --> 01:07:37,000
 >> Julie, those are proposed roads, would the developer have to have right-of-way dedicated

999
01:07:37,000 --> 01:07:42,040
 back to just those -- how exact are those roads going to be given the right-of-way through

1000
01:07:42,040 --> 01:07:45,840
 the development if we don't know where those roads are going to be?

1001
01:07:45,840 --> 01:07:50,760
 >> Well, if this is approved as part of platting, they will work with engineering to kind of

1002
01:07:50,760 --> 01:07:54,640
 figure out where those roads are going to go and they'll dedicate the right-of-way.

1003
01:07:54,640 --> 01:08:03,300
 And probably as this area develops, the first project may set those alignments.

1004
01:08:03,300 --> 01:08:05,000
 Water and sewer are available to the site.

1005
01:08:05,000 --> 01:08:09,560
 There will be extensions required, but they are in the area.

1006
01:08:09,560 --> 01:08:16,600
 There are -- there is adequate capacity in DISD, and also there is a fire station within

1007
01:08:16,600 --> 01:08:20,520
 1.2 miles of the subject property.

1008
01:08:20,520 --> 01:08:27,960
 Impact fees will be required to be paid once the -- as the property develops.

1009
01:08:27,960 --> 01:08:33,120
 A good shorthand for our current roadway impact fees is that for a single-family development,

1010
01:08:33,120 --> 01:08:38,160
 it's about $2,000 per development -- per house for the roadway.

1011
01:08:38,160 --> 01:08:45,400
 And then parks, where they estimate that a park dedication of 1.7 acres would be required.

1012
01:08:45,400 --> 01:08:49,260
 That can either be dedicated by land or by payment in lieu.

1013
01:08:49,260 --> 01:08:54,320
 And then the total park development fees -- there's two items for parks.

1014
01:08:54,320 --> 01:09:01,320
 The development fee would be paid at each building permit, $291 per single-family house.

1015
01:09:01,320 --> 01:09:07,180
 We also did a property tax analysis based upon just what the current value is.

1016
01:09:07,180 --> 01:09:11,360
 Part of the property does have an agricultural exemption, so that does lower their property

1017
01:09:11,360 --> 01:09:14,800
 tax liability or value.

1018
01:09:14,800 --> 01:09:22,200
 And so, you know, just based upon the current 2018 value and what they're estimating would

1019
01:09:22,200 --> 01:09:29,960
 be the property -- the house cost when it's done, about $370 per house, we're estimating

1020
01:09:29,960 --> 01:09:39,800
 that there would be a difference of about $572,000 in taxes paid to the city.

1021
01:09:39,800 --> 01:09:43,040
 We also looked at consideration of character and land use.

1022
01:09:43,040 --> 01:09:48,240
 This is a rural area, so -- and a lot of single-family, so as part of that, we are recommending an

1023
01:09:48,240 --> 01:09:53,400
 overlay restriction to restrict all uses back to the single-family.

1024
01:09:53,400 --> 01:09:57,700
 And then also, I know we talked about this in May, but we're also recommending that they

1025
01:09:57,700 --> 01:10:06,080
 dedicate a trail system to make sure that all lots are within 1,300 feet of an access

1026
01:10:06,080 --> 01:10:07,200
 point of that trail.

1027
01:10:07,200 --> 01:10:09,720
 It needs to be off -- it can't be on the street.

1028
01:10:09,720 --> 01:10:14,840
 It's got to be off the street, and there would also need to be two remote connections to

1029
01:10:14,840 --> 01:10:21,520
 the adjacent properties, so that as the area develops, the -- that trail could be extended

1030
01:10:21,520 --> 01:10:25,920
 hopefully toward our Clear Creek Natural Heritage Center.

1031
01:10:25,920 --> 01:10:30,480
 That would be great to have trail systems off street.

1032
01:10:30,480 --> 01:10:36,560
 We're also proposing a buffer along FM428, both in landscaping and fencing, as well as

1033
01:10:36,560 --> 01:10:38,320
 a berm.

1034
01:10:38,320 --> 01:10:41,840
 We sent out public notification.

1035
01:10:41,840 --> 01:10:52,160
 We didn't receive any letters within that 200-foot buffer on this iteration of the project.

1036
01:10:52,160 --> 01:10:57,060
 But we did include all of the letters we have received thus far, because I know that this

1037
01:10:57,060 --> 01:10:58,240
 project has had a long history.

1038
01:10:58,240 --> 01:11:04,800
 We want to make sure that everybody has all of the information, and I know this is the

1039
01:11:04,800 --> 01:11:12,120
 slide you've seen before, and it shows where we've seen those letters, the red dots would

1040
01:11:12,120 --> 01:11:16,560
 be where we've received most of our letters in opposition, kind of off of the Hartley

1041
01:11:16,560 --> 01:11:20,040
 Field Road area and then in this area up here.

1042
01:11:20,040 --> 01:11:25,640
 We've also received some in favor of the property -- or of the project.

1043
01:11:25,640 --> 01:11:32,000
 Staff does recommend approval of the request, but with conditions that the single-family

1044
01:11:32,000 --> 01:11:39,760
 only be permitted, provided for that pathway and then that 30-foot landscape buffer adjacent

1045
01:11:39,760 --> 01:11:40,760
 to FM428.

1046
01:11:40,760 --> 01:11:43,320
 And I'll stand for any questions.

1047
01:11:43,320 --> 01:11:44,320
 Commissioner Beck.

1048
01:11:44,320 --> 01:11:45,320
 Thank you, Chair.

1049
01:11:45,320 --> 01:11:50,840
 The water and sewage, Julie, is that on the east side of Sherman, or are they going to

1050
01:11:50,840 --> 01:11:52,960
 have to cross over from the west side?

1051
01:11:52,960 --> 01:11:54,280
 They may have to bore under.

1052
01:11:54,280 --> 01:11:55,280
 Okay.

1053
01:11:55,280 --> 01:11:56,280
 They couldn't cut the road.

1054
01:11:56,280 --> 01:11:57,280
 They would have to go under.

1055
01:11:57,280 --> 01:11:58,280
 Right.

1056
01:11:58,280 --> 01:11:59,280
 Okay.

1057
01:11:59,280 --> 01:12:04,000
 In terms of land material, it says the future land use designation for the subject property

1058
01:12:04,000 --> 01:12:06,760
 is rural areas.

1059
01:12:06,760 --> 01:12:11,240
 Rural areas are intended to maintain the rural character along the city's edge by encouraging

1060
01:12:11,240 --> 01:12:14,040
 the development of farms and ranches.

1061
01:12:14,040 --> 01:12:20,240
 Are we seeing any development of farms and ranches around this area?

1062
01:12:20,240 --> 01:12:24,240
 I'm not aware of any -- Like new ones?

1063
01:12:24,240 --> 01:12:25,240
 Yeah.

1064
01:12:25,240 --> 01:12:33,000
 Are there any people proposing to develop this land for farm or ranch use?

1065
01:12:33,000 --> 01:12:38,560
 We have met with some adjacent and surrounding property owners that own some large tracts

1066
01:12:38,560 --> 01:12:43,800
 of land, and it was not for the purposes of ranching or farming.

1067
01:12:43,800 --> 01:12:44,800
 Okay.

1068
01:12:44,800 --> 01:12:47,320
 So that's not something that's likely to happen then, right?

1069
01:12:47,320 --> 01:12:52,440
 A little further north, I guess on the other side of the green belt, we've had some conversations

1070
01:12:52,440 --> 01:12:59,920
 with a property owner that was looking at doing some small ranchettes with sort of the

1071
01:12:59,920 --> 01:13:04,320
 shared -- almost a shared ranch kind of concept.

1072
01:13:04,320 --> 01:13:08,000
 But again, much further north than the subject property.

1073
01:13:08,000 --> 01:13:09,000
 Okay.

1074
01:13:09,000 --> 01:13:10,000
 Okay.

1075
01:13:10,000 --> 01:13:15,400
 I think there has been a -- and I do believe they were at one of the meetings -- I think

1076
01:13:15,400 --> 01:13:20,720
 it's a brother and sister possibly that has a -- recently bought a piece of property near

1077
01:13:20,720 --> 01:13:28,840
 there on the west side of Sherman that has -- they do equestrian, and I think some training.

1078
01:13:28,840 --> 01:13:36,600
 So the history of this area is horses, and yet that history seems to be dying a little

1079
01:13:36,600 --> 01:13:37,600
 bit.

1080
01:13:37,600 --> 01:13:38,600
 It's my sense.

1081
01:13:38,600 --> 01:13:46,320
 Is that safe to say based on the fact that there's nothing new coming online for a horse

1082
01:13:46,320 --> 01:13:48,000
 ranch or anything like that?

1083
01:13:48,000 --> 01:13:54,320
 We have not -- I have not -- at least in the two years I've been here, I've not had that

1084
01:13:54,320 --> 01:13:55,320
 request.

1085
01:13:55,320 --> 01:13:56,320
 Okay.

1086
01:13:56,320 --> 01:14:01,120
 With the two new zonings of NR2 and NR3, are we coming up with a density of roughly 2.5

1087
01:14:01,120 --> 01:14:02,120
 then?

1088
01:14:02,120 --> 01:14:03,760
 Is that safe to say?

1089
01:14:03,760 --> 01:14:06,920
 Well, I did the math on each one.

1090
01:14:06,920 --> 01:14:12,120
 So NR2 permits a maximum density of two dwelling units per acre.

1091
01:14:12,120 --> 01:14:14,600
 The NR3 is three and a half dwelling units per acre.

1092
01:14:14,600 --> 01:14:20,660
 So when you do that across it, it comes up to that 252 dwelling units across.

1093
01:14:20,660 --> 01:14:25,280
 They haven't given me a plan as to how they would organize those --

1094
01:14:25,280 --> 01:14:28,760
 But there actually will be 252 homes, or that's what they're proposing?

1095
01:14:28,760 --> 01:14:33,000
 That is just what kind of I analyzed based upon what the maximum could be.

1096
01:14:33,000 --> 01:14:34,000
 It could be less.

1097
01:14:34,000 --> 01:14:35,000
 Okay.

1098
01:14:35,000 --> 01:14:36,000
 Could be.

1099
01:14:36,000 --> 01:14:37,000
 Sure.

1100
01:14:37,000 --> 01:14:38,000
 Great.

1101
01:14:38,000 --> 01:14:39,000
 Thank you.

1102
01:14:39,000 --> 01:14:40,000
 Kosher Ellis.

1103
01:14:40,000 --> 01:14:41,000
 Thank you, Chair.

1104
01:14:41,000 --> 01:14:43,440
 Back to the discussion earlier about developing.

1105
01:14:43,440 --> 01:14:49,560
 Didn't we have to the east of this a plat that we just approved on some acreage properties?

1106
01:14:49,560 --> 01:14:53,720
 It seems to me it was about a month or six weeks ago, something like that, that we had

1107
01:14:53,720 --> 01:14:55,400
 a plat come through.

1108
01:14:55,400 --> 01:15:03,320
 Yeah, I mean, I guess if it's -- if I'm orienting the right -- to the east of 428, if that's

1109
01:15:03,320 --> 01:15:07,640
 -- if 428 actually runs north in that regard.

1110
01:15:07,640 --> 01:15:10,680
 I believe that was one in the ETJ that was looking at --

1111
01:15:10,680 --> 01:15:11,680
 Yeah.

1112
01:15:11,680 --> 01:15:12,680
 It seems like it was very recent.

1113
01:15:12,680 --> 01:15:13,680
 They were --

1114
01:15:13,680 --> 01:15:14,680
 And the ETJ was subdivided into --

1115
01:15:14,680 --> 01:15:19,680
 Into like ten -- one acre subdivision lots.

1116
01:15:19,680 --> 01:15:20,680
 Correct.

1117
01:15:20,680 --> 01:15:31,360
 Julie, on this slide, the pink outlined gray area, that's county or ETJ?

1118
01:15:31,360 --> 01:15:32,360
 Correct.

1119
01:15:32,360 --> 01:15:38,640
 Only the parts that are not in the sort of faded out white are within the city limits.

1120
01:15:38,640 --> 01:15:45,160
 And then the notification map doesn't align to the actual property line, that's because

1121
01:15:45,160 --> 01:15:47,160
 of the original zoning?

1122
01:15:47,160 --> 01:15:48,400
 Correct.

1123
01:15:48,400 --> 01:15:57,160
 So the notification, that 200-foot boundary -- now, we noticed all property owners within

1124
01:15:57,160 --> 01:16:09,280
 the city within -- for the entire 92 acres, but in terms of the opposition and creating

1125
01:16:09,280 --> 01:16:15,360
 that supermajority, the only portions that factor into that are those that are currently

1126
01:16:15,360 --> 01:16:16,880
 have a zoning.

1127
01:16:16,880 --> 01:16:21,600
 So that is just this portion adjacent to FM428.

1128
01:16:21,600 --> 01:16:28,780
 That area that has that RD5X zoning, that doesn't come into play with the calculation

1129
01:16:28,780 --> 01:16:31,020
 of the 20% opposition.

1130
01:16:31,020 --> 01:16:38,680
 But we did notify all property owners within 200 feet of the larger tract.

1131
01:16:38,680 --> 01:16:43,240
 Another question I have for clarification, there's a requirement to be within 1,300 feet

1132
01:16:43,240 --> 01:16:47,920
 of an entrance to the walking trail and ten minutes for a park?

1133
01:16:47,920 --> 01:16:48,920
 Those are two different things.

1134
01:16:48,920 --> 01:16:53,080
 So it's 1,300 feet to an entrance and then ten minutes to a park.

1135
01:16:53,080 --> 01:16:55,680
 You're not saying it takes ten minutes to walk 1,000 feet?

1136
01:16:55,680 --> 01:16:56,680
 No.

1137
01:16:56,680 --> 01:16:57,680
 No.

1138
01:16:57,680 --> 01:16:58,680
 Okay.

1139
01:16:58,680 --> 01:17:04,440
 That's a massive threshold for a developer to have put on them.

1140
01:17:04,440 --> 01:17:08,800
 No, we really just wanted -- and we don't -- we didn't want to get really prescriptive

1141
01:17:08,800 --> 01:17:11,680
 in where that trail would go within the property.

1142
01:17:11,680 --> 01:17:17,040
 We wanted to just make sure that it was accessible to all property owners within 1,300 feet of

1143
01:17:17,040 --> 01:17:18,080
 the front door.

1144
01:17:18,080 --> 01:17:24,640
 So that's why we really added that the entrance needs to be within 1,300 feet of every single

1145
01:17:24,640 --> 01:17:26,240
 family lot.

1146
01:17:26,240 --> 01:17:27,240
 Gotcha.

1147
01:17:27,240 --> 01:17:28,240
 Commissioner Ellis.

1148
01:17:28,240 --> 01:17:29,320
 Thank you, Chair.

1149
01:17:29,320 --> 01:17:32,200
 There was not another meeting with this new proposal, correct?

1150
01:17:32,200 --> 01:17:33,200
 No, ma'am.

1151
01:17:33,200 --> 01:17:34,200
 Okay.

1152
01:17:34,200 --> 01:17:35,200
 Not that I'm aware of.

1153
01:17:35,200 --> 01:17:37,920
 The applicant will be here, so...

1154
01:17:37,920 --> 01:17:41,800
 Last thing that I would want to say is just in reference to Commissioner Beck, I'm sure

1155
01:17:41,800 --> 01:17:45,800
 citizens will provide their own feedback, but I don't know if there's a correlation

1156
01:17:45,800 --> 01:17:53,000
 of non-new horse ranch applicants, if there's a correlation to that industry dying there.

1157
01:17:53,000 --> 01:17:58,120
 I think it seems as though there's a pretty big healthy breeding and ranching industry

1158
01:17:58,120 --> 01:18:02,320
 there, and I don't know if -- because we're not getting new applicants, is there any indication

1159
01:18:02,320 --> 01:18:06,480
 that their businesses are struggling or dying off?

1160
01:18:06,480 --> 01:18:12,000
 My concern was the prospects of this being sustained over the long run.

1161
01:18:12,000 --> 01:18:13,000
 Perfect.

1162
01:18:13,000 --> 01:18:14,320
 Thanks for that clarification.

1163
01:18:14,320 --> 01:18:16,160
 Any questions for Julie?

1164
01:18:16,160 --> 01:18:18,160
 All right.

1165
01:18:18,160 --> 01:18:20,640
 Do we get food?

1166
01:18:20,640 --> 01:18:21,640
 No.

1167
01:18:21,640 --> 01:18:22,640
 Okay.

1168
01:18:22,640 --> 01:18:27,520
 So moving on until we get food, we'll take a break once food arrives, but the next item

1169
01:18:27,520 --> 01:18:35,080
 of business is item F, Z18-Z025.

1170
01:18:35,080 --> 01:18:39,520
 I think she's having -- has a combined presentation.

1171
01:18:39,520 --> 01:18:40,520
 Gotcha.

1172
01:18:40,520 --> 01:18:44,040
 So Julie, you're going to be combining F and G into one?

1173
01:18:44,040 --> 01:18:45,040
 All right.

1174
01:18:45,040 --> 01:18:54,080
 So these are two separate cases, so it will require two separate votes, but just in interest

1175
01:18:54,080 --> 01:18:59,680
 of efficiency, because they all kind of work together, we're going to talk about them together.

1176
01:18:59,680 --> 01:19:04,500
 So this is Z18-25 and S19-4, Hunters Creek.

1177
01:19:04,500 --> 01:19:11,640
 The request before you is a zoning case to amend Ordinance 2014-075 to remove overlay

1178
01:19:11,640 --> 01:19:17,920
 restrictions that prohibited multifamily dwellings, and then a specific use permit to permit multifamily

1179
01:19:17,920 --> 01:19:18,920
 dwellings.

1180
01:19:18,920 --> 01:19:22,040
 The subject property is located north of Ryan Road.

1181
01:19:22,040 --> 01:19:29,000
 It's outlined here in yellow, and it is west of Teasley.

1182
01:19:29,000 --> 01:19:31,680
 Give you a background on what's happened on the property.

1183
01:19:31,680 --> 01:19:35,480
 Prior to 2008, the property was zoned in R2.

1184
01:19:35,480 --> 01:19:39,320
 It was part of a larger 54-acre tract.

1185
01:19:39,320 --> 01:19:43,800
 We're only talking about 8.6 acres today, but we're going to talk about the evolution

1186
01:19:43,800 --> 01:19:44,800
 of the property.

1187
01:19:44,800 --> 01:19:48,080
 So it's outlined here in black.

1188
01:19:48,080 --> 01:19:56,120
 In 2008, the property was rezoned, the whole 54 acres, from NR2 to NRMU with overlay restrictions.

1189
01:19:56,120 --> 01:20:01,280
 Those restrictions said no more than 50% of the site could be developed with commercial

1190
01:20:01,280 --> 01:20:07,960
 retail, and that multifamily dwellings could not be constructed along Teasley Lane to keep

1191
01:20:07,960 --> 01:20:11,000
 that road frontage for commercial development.

1192
01:20:11,000 --> 01:20:15,200
 And Julie, what classifies property fronting at Teasley Lane?

1193
01:20:15,200 --> 01:20:19,160
 Is there a distance of feet, or how is that defined?

1194
01:20:19,160 --> 01:20:23,560
 There was an illustration in that zoning.

1195
01:20:23,560 --> 01:20:32,120
 It did not give specifics, but it essentially sort of bifurcated the site in kind of this

1196
01:20:32,120 --> 01:20:36,680
 area to say anything along here couldn't be multifamily.

1197
01:20:36,680 --> 01:20:43,920
 Do we know if the overlay was on the subject property as it is now?

1198
01:20:43,920 --> 01:20:48,440
 The overlay of no multifamily dwellings could be contracted on the portion fronting.

1199
01:20:48,440 --> 01:20:53,840
 This 8 acres that we're talking about tonight, did that fall underneath the overlay restriction

1200
01:20:53,840 --> 01:20:55,000
 that fronts Teasley?

1201
01:20:55,000 --> 01:20:57,080
 That is a great question.

1202
01:20:57,080 --> 01:21:05,120
 I don't believe the exhibit that was attached to the ordinance gave a real clear distinction,

1203
01:21:05,120 --> 01:21:08,080
 but I can look at that ordinance and try to get an answer for you.

1204
01:21:08,080 --> 01:21:12,240
 It might be helpful, because I would like to respect the council and P&Z from 11 years

1205
01:21:12,240 --> 01:21:16,360
 ago and how they're thinking and planning through this.

1206
01:21:16,360 --> 01:21:23,440
 And so if back 11 years ago there was an overlay of half the property, I think that would be

1207
01:21:23,440 --> 01:21:28,680
 helpful context to know about where that overlay actually was applied to, of where the previous

1208
01:21:28,680 --> 01:21:31,520
 individuals thought there should be multifamily and not.

1209
01:21:31,520 --> 01:21:32,520
 Sure.

1210
01:21:32,520 --> 01:21:33,520
 Let me see if I can pull that up for you.

1211
01:21:33,520 --> 01:21:34,520
 Thanks.

1212
01:21:34,520 --> 01:21:41,040
 In 2014, that was the subject of another rezoning case.

1213
01:21:41,040 --> 01:21:48,520
 This time it rezoned 30 acres outlined here in blue to NR6 for a single family development.

1214
01:21:48,520 --> 01:21:54,480
 It left the NRMU intact for the subject property as well as the property adjacent to Teasley,

1215
01:21:54,480 --> 01:21:57,640
 and so this is a total of 23 acres.

1216
01:21:57,640 --> 01:22:06,000
 It did have overlay restrictions on that NRMU, which prohibited multifamily dwellings and

1217
01:22:06,000 --> 01:22:10,000
 also said that that area could be developed with commercial development, so it didn't

1218
01:22:10,000 --> 01:22:18,680
 have a limit to the amount of commercial development on the 23 acres as the previous zoning case

1219
01:22:18,680 --> 01:22:19,680
 did.

1220
01:22:19,680 --> 01:22:26,560
 In 2019, they came back to us with a new request to maintain the existing zoning of NRMU, but

1221
01:22:26,560 --> 01:22:32,080
 to remove the overlay restriction for multifamily dwellings on 8.6 acres, and that's the subject

1222
01:22:32,080 --> 01:22:38,960
 property here, leaving the remainder of the property with that overlay restriction.

1223
01:22:38,960 --> 01:22:39,960
 Criteria for approval in the zoning.

1224
01:22:39,960 --> 01:22:45,360
 We're going to go over the zoning case first, but they'll all relate to each other, so criteria

1225
01:22:45,360 --> 01:22:48,960
 for approval is first, does it meet the future land use, and second, is there adequate public

1226
01:22:48,960 --> 01:22:50,760
 infrastructure?

1227
01:22:50,760 --> 01:22:54,760
 First of all, Dent Plan 2030, once again, this property, like the last one, identifies

1228
01:22:54,760 --> 01:22:56,720
 this area as community mixed use.

1229
01:22:56,720 --> 01:23:01,760
 Again, it's intended to promote a mix of uses, both with commercial and that complementary

1230
01:23:01,760 --> 01:23:08,000
 residential use, and once again, we want to encourage a diverse array of uses in these

1231
01:23:08,000 --> 01:23:14,960
 areas to ensure economic viability and to really have dynamic developments.

1232
01:23:14,960 --> 01:23:18,720
 Multifamily development is consistent with the future land use map.

1233
01:23:18,720 --> 01:23:24,120
 Once again, it's a complementary residential use, and when you look at the future land

1234
01:23:24,120 --> 01:23:29,300
 use in this area and how it all plays together, so you can't look at the future land use map.

1235
01:23:29,300 --> 01:23:31,640
 You can't necessarily just zoom in on the property.

1236
01:23:31,640 --> 01:23:37,240
 You want to look at the entire surrounding areas to see how the vision of the city kind

1237
01:23:37,240 --> 01:23:44,120
 of works together, and so you could see that this yellow portion, that's low residential

1238
01:23:44,120 --> 01:23:51,080
 per the future land use, but you could see how as you move from the west toward the east

1239
01:23:51,080 --> 01:23:56,760
 toward the intersection of Teasley and Ryan that you get this commercial center here.

1240
01:23:56,760 --> 01:24:01,440
 So it really does allow for that transition of uses.

1241
01:24:01,440 --> 01:24:05,120
 Multifamily would be an appropriate use in this location just because it does provide

1242
01:24:05,120 --> 01:24:09,920
 that adequate transition, creates that buffer between the single family uses.

1243
01:24:09,920 --> 01:24:14,680
 When you think about Ryan Road and you think off to the west, you've got really large lots,

1244
01:24:14,680 --> 01:24:18,200
 and as you get closer to Teasley, the lots get a little smaller, so it really does sort

1245
01:24:18,200 --> 01:24:24,940
 of transition nicely from the west toward the east.

1246
01:24:24,940 --> 01:24:30,280
 Once again, you saw this in the last presentation.

1247
01:24:30,280 --> 01:24:35,400
 The growth projections for the city of Denton, new multifamily is going to be needed in order

1248
01:24:35,400 --> 01:24:44,600
 to accommodate for future growth, and this is an urbanized area that Teasley Lane has

1249
01:24:44,600 --> 01:24:52,720
 been growing for many years, and so this type of area where you've got this mix of uses,

1250
01:24:52,720 --> 01:24:57,640
 the schools, the parks, the employment centers, and the shopping, that's where you want to

1251
01:24:57,640 --> 01:24:59,040
 put your residential.

1252
01:24:59,040 --> 01:25:04,840
 You want to make sure that compact development pattern continues within the city.

1253
01:25:04,840 --> 01:25:09,960
 We're going to go over a lot more detail than we typically do on SUPs, so I just have a

1254
01:25:09,960 --> 01:25:15,740
 title slide about the infrastructure we're going to be talking about related to transportation.

1255
01:25:15,740 --> 01:25:18,440
 First we looked at a trip generation analysis.

1256
01:25:18,440 --> 01:25:20,840
 This is kind of a dynamic area.

1257
01:25:20,840 --> 01:25:25,000
 You've got residential, you've got a proposed multifamily, you've got existing commercial,

1258
01:25:25,000 --> 01:25:27,240
 and then you have future commercial.

1259
01:25:27,240 --> 01:25:28,840
 How does this all work together?

1260
01:25:28,840 --> 01:25:34,600
 We first wanted to compare the traffic volumes generated by the proposal versus what the

1261
01:25:34,600 --> 01:25:37,640
 potential commercial development on the site could be.

1262
01:25:37,640 --> 01:25:42,740
 We kind of just looked at how would it compare if they put a 50,000 square foot shopping

1263
01:25:42,740 --> 01:25:49,280
 center versus that multifamily, and we saw that just when you -- those top line comparisons,

1264
01:25:49,280 --> 01:25:53,800
 the proposed multifamily would generate less traffic than a commercial development in this

1265
01:25:53,800 --> 01:25:54,800
 location.

1266
01:25:54,800 --> 01:25:58,360
 We also looked at roadway impact fees.

1267
01:25:58,360 --> 01:26:05,360
 As I said in the last presentation, about $1,200 per multifamily dwelling unit would be paid

1268
01:26:05,360 --> 01:26:10,400
 toward implementation of our mobility plan, and that comes to about $265,000.

1269
01:26:10,400 --> 01:26:15,360
 They would also be required to do perimeter street improvements as well as some access

1270
01:26:15,360 --> 01:26:17,200
 improvements.

1271
01:26:17,200 --> 01:26:23,960
 As a result, their site plan shows a ride in, ride out only access point on the south

1272
01:26:23,960 --> 01:26:29,280
 side, and then full access to Hunter's Creek.

1273
01:26:29,280 --> 01:26:34,760
 As you can see, this single family development, there was -- Hunter's Creek right here was

1274
01:26:34,760 --> 01:26:40,000
 stubbed out to the subject property, and so as part of this development, they will be

1275
01:26:40,000 --> 01:26:46,200
 required to build all of Hunter's Creek all the way to Teasley, and that will be three

1276
01:26:46,200 --> 01:26:51,480
 lane, two exiting, and one entering, and they'll have full access from the subject property

1277
01:26:51,480 --> 01:26:52,960
 to that Hunter's Creek.

1278
01:26:52,960 --> 01:26:54,560
 Commissioner Smith.

1279
01:26:54,560 --> 01:26:57,400
 Thank you, Chair.

1280
01:26:57,400 --> 01:26:59,880
 Was there a traffic analysis done with this?

1281
01:26:59,880 --> 01:27:01,520
 They've done a traffic assessment memo.

1282
01:27:01,520 --> 01:27:04,560
 They haven't done that full traffic impact analysis.

1283
01:27:04,560 --> 01:27:10,480
 That will come at that platting stage, but we have met with the applicant's engineers

1284
01:27:10,480 --> 01:27:15,160
 in our engineering several times to kind of talk about not only this project but the general

1285
01:27:15,160 --> 01:27:20,200
 mobility of the area, and so we'll talk about some of those interventions that we anticipate

1286
01:27:20,200 --> 01:27:21,200
 will be coming.

1287
01:27:21,200 --> 01:27:22,200
 Okay.

1288
01:27:22,200 --> 01:27:28,720
 I guess, do the engineers look at this from -- I know when we usually do the TIA, I don't

1289
01:27:28,720 --> 01:27:33,720
 know the traffic assessment memo, how different it is, and what criteria, what things are

1290
01:27:33,720 --> 01:27:40,120
 looked at, but I know usually it looks at, of course, existing traffic up and down and

1291
01:27:40,120 --> 01:27:44,480
 then the impact of the existing site.

1292
01:27:44,480 --> 01:27:48,160
 In this scenario, it's a little bit different because it's not just the current traffic

1293
01:27:48,160 --> 01:27:53,200
 and then the existing site, but it's also when you extend Hunter's Creek and you connect

1294
01:27:53,200 --> 01:27:56,680
 it to that current stub-out that's connected to that neighborhood, you're now giving a

1295
01:27:56,680 --> 01:28:02,600
 new flow for traffic to come from an existing neighborhood as well, and so I guess my concern

1296
01:28:02,600 --> 01:28:06,840
 is that from the way it looks like on the current renderings and everything else I've

1297
01:28:06,840 --> 01:28:12,800
 seen has been there's not going to be a traffic light at Hunter's Creek in Teasley, and what's

1298
01:28:12,800 --> 01:28:13,880
 happening with that?

1299
01:28:13,880 --> 01:28:15,440
 We talked about that very topic.

1300
01:28:15,440 --> 01:28:16,440
 I have a slide about that.

1301
01:28:16,440 --> 01:28:17,440
 Okay.

1302
01:28:17,440 --> 01:28:18,440
 Well, let's talk about it.

1303
01:28:18,440 --> 01:28:20,600
 It's the next one.

1304
01:28:20,600 --> 01:28:27,340
 So we did actually look at the roadway network in the area and how all of these parts and

1305
01:28:27,340 --> 01:28:29,320
 neighborhoods play together.

1306
01:28:29,320 --> 01:28:32,280
 So here's Teasley Trails here.

1307
01:28:32,280 --> 01:28:34,000
 It's outlined in blue.

1308
01:28:34,000 --> 01:28:37,320
 It has several access points to get in and out.

1309
01:28:37,320 --> 01:28:42,440
 So you have to the north, and I can't remember the street name, but there's access to Teasley

1310
01:28:42,440 --> 01:28:43,600
 in this location.

1311
01:28:43,600 --> 01:28:45,040
 You've got Ranch Man.

1312
01:28:45,040 --> 01:28:48,180
 That's an access point, and then the future Hunter's Creek.

1313
01:28:48,180 --> 01:28:49,440
 That's an access point to Teasley.

1314
01:28:49,440 --> 01:28:52,120
 They also have full access to Ryan Road here.

1315
01:28:52,120 --> 01:28:55,320
 So there's several ways in and out of Teasley Trails.

1316
01:28:55,320 --> 01:29:01,040
 The neighborhood across the street, across Teasley, really only has one and a half options

1317
01:29:01,040 --> 01:29:05,320
 of getting in and out of their neighborhood, and it's quite a few homes.

1318
01:29:05,320 --> 01:29:10,360
 Right now, they've got this is Hunter's Creek, and then this right here, which are really

1319
01:29:10,360 --> 01:29:12,540
 close together, and there's no signal there.

1320
01:29:12,540 --> 01:29:13,880
 So it makes it difficult.

1321
01:29:13,880 --> 01:29:19,040
 They essentially have one way in and out.

1322
01:29:19,040 --> 01:29:26,720
 And then this subject property will also access Hunter's Creek and then Ryan Road to the south.

1323
01:29:26,720 --> 01:29:33,160
 We'll talk about those traffic volumes created in just a minute, but we did talk with engineering.

1324
01:29:33,160 --> 01:29:35,440
 Commissioner Ellis.

1325
01:29:35,440 --> 01:29:36,440
 Thank you, Chair.

1326
01:29:36,440 --> 01:29:40,360
 Is Hunter's Creek connecting to the west into Teasley Trails?

1327
01:29:40,360 --> 01:29:41,360
 It will.

1328
01:29:41,360 --> 01:29:42,360
 Yes, ma'am.

1329
01:29:42,360 --> 01:29:49,720
 So as this area develops, with the residential to the west of the subject property, Teasley

1330
01:29:49,720 --> 01:29:58,480
 Trails, with the subject property, the multifamily, if approved, and the neighborhood to the east,

1331
01:29:58,480 --> 01:30:05,560
 as well as when our engineering feels that once this commercial component comes in, there

1332
01:30:05,560 --> 01:30:10,760
 will be a warrant met for a traffic light here, not only a traffic light here, but probably

1333
01:30:10,760 --> 01:30:16,980
 also a deceleration lane on Teasley going south to create that safe turning movement.

1334
01:30:16,980 --> 01:30:23,120
 So that really is anticipated by our engineering department once all of this area develops

1335
01:30:23,120 --> 01:30:24,120
 out.

1336
01:30:24,120 --> 01:30:26,240
 Commissioner Ellis.

1337
01:30:26,240 --> 01:30:27,240
 Thank you, Chair.

1338
01:30:27,240 --> 01:30:32,600
 Julie, do we know if TxDOT has signed a new agreement with the contractor to continue

1339
01:30:32,600 --> 01:30:36,360
 the work that was started by the contractor they released?

1340
01:30:36,360 --> 01:30:37,360
 I don't believe so.

1341
01:30:37,360 --> 01:30:42,400
 I've checked with our engineering, and I don't believe there's a new one yet.

1342
01:30:42,400 --> 01:30:43,400
 Commissioner Smith.

1343
01:30:43,400 --> 01:30:48,080
 Does the engineers feel like it's dependent upon the commercial rather than just the fact

1344
01:30:48,080 --> 01:30:52,560
 of adding in bodies into a multifamily, along with the single-family residential that's

1345
01:30:52,560 --> 01:30:54,120
 already existing there?

1346
01:30:54,120 --> 01:30:57,220
 Well, maybe this slide will help answer that.

1347
01:30:57,220 --> 01:31:02,920
 So the surrounding single-family, we kind of looked at 430 dwelling units, and that

1348
01:31:02,920 --> 01:31:08,520
 really was based upon the assumption of who in Teasley Trails would use Hunters Creek,

1349
01:31:08,520 --> 01:31:11,480
 and then that Summit Oaks neighborhood to the east.

1350
01:31:11,480 --> 01:31:19,460
 So we kind of used that 430 trips, and based upon the ITE manual, those two neighborhoods

1351
01:31:19,460 --> 01:31:22,720
 alone create over 4,000 trips per day.

1352
01:31:22,720 --> 01:31:26,400
 The proposed multifamily would add about 1,100 trips to that.

1353
01:31:26,400 --> 01:31:30,880
 And then we looked at what the potential uses could be for the commercial component and

1354
01:31:30,880 --> 01:31:34,440
 kind of what kind of trips would be associated with that.

1355
01:31:34,440 --> 01:31:39,760
 It will be 15 acres if developed as proposed, so there's going to be a variety.

1356
01:31:39,760 --> 01:31:43,240
 It won't just necessarily be one commercial use, so it will be a variety.

1357
01:31:43,240 --> 01:31:50,720
 So when we look at all of these potential uses, office, fast food generates 1,600 trips

1358
01:31:50,720 --> 01:31:57,600
 per day, a grocery store 2,600 trips, a medical or dental office 348 trips, when we added

1359
01:31:57,600 --> 01:32:03,840
 all those up, that's where it got those level of trips to that over 11,000, which would

1360
01:32:03,840 --> 01:32:11,680
 trigger the warrant for the light in that area.

1361
01:32:11,680 --> 01:32:19,160
 So what you're saying is that the 5,100 trips currently of the multifamily and single-family

1362
01:32:19,160 --> 01:32:26,000
 residential isn't enough, but the extra 6,000 or so of the commercial is?

1363
01:32:26,000 --> 01:32:30,000
 Our engineering didn't feel like just the residential component alone would warrant

1364
01:32:30,000 --> 01:32:31,000
 the light.

1365
01:32:31,000 --> 01:32:36,120
 The grocery store is the biggest trip generator whenever looking at it from that standpoint

1366
01:32:36,120 --> 01:32:42,600
 with the ITE, but there's already a grocery store right across the street, so I don't

1367
01:32:42,600 --> 01:32:48,560
 know how the likelihood of building another grocery store right next to the Walmart there

1368
01:32:48,560 --> 01:32:52,280
 is, especially with the Kroger down that way, and then what, the Albertsons is still the

1369
01:32:52,280 --> 01:32:53,280
 other map?

1370
01:32:53,280 --> 01:32:54,280
 No, I'm outdated.

1371
01:32:54,280 --> 01:32:55,280
 Albertsons is not the way.

1372
01:32:55,280 --> 01:32:56,280
 That's gone.

1373
01:32:56,280 --> 01:32:57,280
 It's now Trampoline Park.

1374
01:32:57,280 --> 01:32:58,280
 Long time ago.

1375
01:32:58,280 --> 01:32:59,280
 Whatever.

1376
01:32:59,280 --> 01:33:00,280
 Same difference.

1377
01:33:00,280 --> 01:33:04,400
 But, and then yeah, there's a lot of grocery stores in the area.

1378
01:33:04,400 --> 01:33:05,400
 I don't know.

1379
01:33:05,400 --> 01:33:09,800
 It just feels like this almost, just this project alone with the current single-family

1380
01:33:09,800 --> 01:33:13,640
 seems like it should be enough to predicate a traffic light.

1381
01:33:13,640 --> 01:33:22,000
 I know that's not, because of TxDOT controlled road, it's not even the city's responsibility,

1382
01:33:22,000 --> 01:33:25,160
 that traffic light thing, but I would think that the city could put at least some pressure

1383
01:33:25,160 --> 01:33:29,840
 with TxDOT to make that a requirement or something that has to happen with the development of

1384
01:33:29,840 --> 01:33:34,440
 this multifamily property, rather than having to wait for commercial to develop, because

1385
01:33:34,440 --> 01:33:37,200
 it's kind of a hope and a prayer, right, that the commercial gets developed.

1386
01:33:37,200 --> 01:33:39,840
 I mean, we're not, we don't have commercial developments being proposed to the city right

1387
01:33:39,840 --> 01:33:40,840
 now.

1388
01:33:40,840 --> 01:33:45,840
 It's a zone that way, and maybe the developer or the landowner says, "I'm going to do it,"

1389
01:33:45,840 --> 01:33:50,960
 but we've heard a lot of promises before, so I'd rather have something concrete whenever

1390
01:33:50,960 --> 01:33:54,920
 we have something concrete that we're looking at now.

1391
01:33:54,920 --> 01:33:56,800
 Sure, sure.

1392
01:33:56,800 --> 01:33:58,400
 There are nearby capital improvements.

1393
01:33:58,400 --> 01:34:00,840
 I know Commissioner Ellis talked about TxDOT.

1394
01:34:00,840 --> 01:34:08,160
 It is, once it's done, we'll expand a two-lane road to six-lane divided road.

1395
01:34:08,160 --> 01:34:13,320
 Its final design will add additional capacity, not only for the residents in the area, but

1396
01:34:13,320 --> 01:34:17,520
 people who are traveling to our city and outside of our city.

1397
01:34:17,520 --> 01:34:23,840
 And then Ryan Road is one of those roads that needs some attention, and so it's actually

1398
01:34:23,840 --> 01:34:33,880
 going to be on our November bond election for funding to expand it from a two-lane undivided

1399
01:34:33,880 --> 01:34:40,640
 road to the four-lane divided road with sidewalks along it, so that is in the works of our engineering

1400
01:34:40,640 --> 01:34:41,640
 department.

1401
01:34:41,640 --> 01:34:48,160
 Also, the city has commissioned a transportation study for this entire area, and that's factoring

1402
01:34:48,160 --> 01:34:53,200
 in those improvements on Ryan Road and Hickory Creek Road, with additional improvements in

1403
01:34:53,200 --> 01:35:00,760
 that roadway network, the intent is to disperse the traffic and not have so many people funneling

1404
01:35:00,760 --> 01:35:08,520
 on so few roads that don't have the capacity.

1405
01:35:08,520 --> 01:35:10,600
 Water and wastewater are available in the area.

1406
01:35:10,600 --> 01:35:11,600
 There is a park.

1407
01:35:11,600 --> 01:35:17,800
 Lake Forest Park is about 1,600 feet from the southwest corner of the site, but once

1408
01:35:17,800 --> 01:35:23,480
 again, park dedication and development fees will be required for the development.

1409
01:35:23,480 --> 01:35:27,400
 The schools that are within the attendance boundary, Sam Houston Elementary, McMath Middle,

1410
01:35:27,400 --> 01:35:31,200
 and Denton High School have capacity, and there is a fire station within that eight-minute

1411
01:35:31,200 --> 01:35:33,800
 or less boundary.

1412
01:35:33,800 --> 01:35:38,640
 So staff has analyzed the request and does feel that it meets that requirement for the

1413
01:35:38,640 --> 01:35:43,720
 future land use map, the Denton plan, as well as the public infrastructure, and now we'll

1414
01:35:43,720 --> 01:35:45,040
 talk about the SUP.

1415
01:35:45,040 --> 01:35:49,680
 So we do recommend approval of the rezoning to remove that overlay restriction.

1416
01:35:49,680 --> 01:35:54,120
 SUP criteria for approval is in sub-chapter six.

1417
01:35:54,120 --> 01:35:56,480
 We'll just look at the site plan.

1418
01:35:56,480 --> 01:35:58,960
 It is in this location.

1419
01:35:58,960 --> 01:36:00,320
 The purple is the buildings.

1420
01:36:00,320 --> 01:36:07,760
 They're proposing five three-story buildings, access, as I said, on Hunter's Creek and to

1421
01:36:07,760 --> 01:36:09,320
 Ryan Road.

1422
01:36:09,320 --> 01:36:14,640
 They're proposing 59.2% lot coverage, maximum building height of 50 feet.

1423
01:36:14,640 --> 01:36:22,600
 I think it's actually more close to 45 feet, but the zoning would allow for 65 feet.

1424
01:36:22,600 --> 01:36:24,800
 Maximum density per the zoning is 30.

1425
01:36:24,800 --> 01:36:27,400
 They're actually proposing 24.8.

1426
01:36:27,400 --> 01:36:33,560
 And then the setback from the residential is -- it's required to be 45 feet.

1427
01:36:33,560 --> 01:36:42,400
 They're actually doing -- this line here shows a 101-foot setback from that residential -- those

1428
01:36:42,400 --> 01:36:43,400
 dwellings.

1429
01:36:43,400 --> 01:36:46,600
 >> Thank you, Chair.

1430
01:36:46,600 --> 01:36:48,160
 I didn't see that on the plan.

1431
01:36:48,160 --> 01:36:49,160
 What's going in there?

1432
01:36:49,160 --> 01:36:53,840
 Is it trees, a parking, or -- >> Well, there is going to be a proposed

1433
01:36:53,840 --> 01:37:00,320
 an eight-foot precast concrete fence along the property line, plus a tree line, which

1434
01:37:00,320 --> 01:37:05,920
 we'll look at with the landscape plan, and then there's also a tree preserve proposed

1435
01:37:05,920 --> 01:37:08,000
 for here, and then parking.

1436
01:37:08,000 --> 01:37:09,000
 >> Okay.

1437
01:37:09,000 --> 01:37:10,000
 Okay.

1438
01:37:10,000 --> 01:37:11,720
 That's quite a wide setback.

1439
01:37:11,720 --> 01:37:16,160
 They're also proposing a minimum of 7,000 square feet of plaza area, and that includes

1440
01:37:16,160 --> 01:37:21,760
 -- which will include seating, a swimming pool, a gated dog park, and then they're also

1441
01:37:21,760 --> 01:37:28,240
 proposing this creek area here is not considered an ESA.

1442
01:37:28,240 --> 01:37:32,080
 It was removed from our ESA maps, but they are proposing to keep that as a naturalized

1443
01:37:32,080 --> 01:37:37,960
 area, but just put maybe some dog waste stations in that.

1444
01:37:37,960 --> 01:37:42,320
 To ensure adequate lighting for the parking lot, to make sure that it remains safe, we

1445
01:37:42,320 --> 01:37:47,480
 are proposing that they do provide the adequate lighting, and that's the two-foot candles.

1446
01:37:47,480 --> 01:37:52,560
 That's actually in the 2019 code, but we want to make sure that it doesn't produce a lot

1447
01:37:52,560 --> 01:37:58,800
 of glare for the residential off to the west, so we're proposing a condition that those

1448
01:37:58,800 --> 01:38:05,360
 light fixtures be capped at 14 feet to just ensure that there's -- that it doesn't produce

1449
01:38:05,360 --> 01:38:07,480
 too much glare on the adjacent properties.

1450
01:38:07,480 --> 01:38:10,000
 We're also meeting the parking regulations.

1451
01:38:10,000 --> 01:38:16,400
 The landscape plan, they are conforming with the 2019 tree preservation requirements.

1452
01:38:16,400 --> 01:38:21,600
 That requires a minimum of 30% preservation on site.

1453
01:38:21,600 --> 01:38:28,040
 They are actually proposing to preserve 61% of the trees on site, and that includes this

1454
01:38:28,040 --> 01:38:33,600
 post oak stand in this location as well as the trees in that naturalized buffer.

1455
01:38:33,600 --> 01:38:41,320
 They're also proposing to plant 126 new large canopy trees, and you can see here is that

1456
01:38:41,320 --> 01:38:48,240
 buffer to the adjacent single family, so that is in that location.

1457
01:38:48,240 --> 01:38:49,240
 Here's their elevations.

1458
01:38:49,240 --> 01:38:53,520
 They're proposing earth tone colors with an average of 40% brick or stone for the exterior

1459
01:38:53,520 --> 01:39:03,720
 finishes, and that is compatible with the adjacent -- with the existing surrounding property.

1460
01:39:03,720 --> 01:39:08,280
 Once again, we did the property tax analysis, and based upon the dent and CAD numbers as

1461
01:39:08,280 --> 01:39:17,680
 well as the proposed estimated improvements, that would generate an additional -- or $167,000

1462
01:39:17,680 --> 01:39:20,800
 in property taxes to the city.

1463
01:39:20,800 --> 01:39:26,640
 The public notification was sent out for both the zoning and the SUP.

1464
01:39:26,640 --> 01:39:28,580
 We have received quite a few letters.

1465
01:39:28,580 --> 01:39:30,400
 They also did have a neighborhood meeting.

1466
01:39:30,400 --> 01:39:32,160
 They had two.

1467
01:39:32,160 --> 01:39:39,320
 This is the map for the zoning, and then here is for the SUP.

1468
01:39:39,320 --> 01:39:41,920
 This is actually changed a little bit.

1469
01:39:41,920 --> 01:39:50,560
 So the opposition percentage for the zoning case is 12.27%, and for the SUP it's at 19.11%.

1470
01:39:50,560 --> 01:40:00,800
 So staff recommends approval of the multifamily development consistent with that -- with the

1471
01:40:00,800 --> 01:40:05,840
 site plan, landscape plan, and the elevations.

1472
01:40:05,840 --> 01:40:12,440
 We do recommend the following condition, that it -- the parking area, those light fixtures

1473
01:40:12,440 --> 01:40:17,280
 to make sure that they maintain those two-foot candles throughout the parking area, but that

1474
01:40:17,280 --> 01:40:24,960
 they keep the height of those poles limited to reduce impacts to the adjacent properties.

1475
01:40:24,960 --> 01:40:28,840
 And I will stand for any questions.

1476
01:40:28,840 --> 01:40:30,680
 Kishorellis?

1477
01:40:30,680 --> 01:40:33,900
 You don't have to answer this here, but I'm just going to give you some maybe to bring

1478
01:40:33,900 --> 01:40:37,080
 to us here because our time is short.

1479
01:40:37,080 --> 01:40:40,400
 I understand why you're recommending approval when you look at everything.

1480
01:40:40,400 --> 01:40:45,400
 What I would love to hear is how staff came to the determination to negate the overlay

1481
01:40:45,400 --> 01:40:47,360
 so quickly.

1482
01:40:47,360 --> 01:40:49,440
 You know, a lot of thought and discussion goes into it.

1483
01:40:49,440 --> 01:40:53,880
 It was upheld twice, right, 2008, 2014.

1484
01:40:53,880 --> 01:41:00,880
 So I would -- I definitely -- missing from the back, I really would like to hear those

1485
01:41:00,880 --> 01:41:01,880
 thoughts.

1486
01:41:01,880 --> 01:41:02,880
 Thanks.

1487
01:41:02,880 --> 01:41:06,840
 I do not see any other questions.

1488
01:41:06,840 --> 01:41:07,840
 Thanks, Julie.

1489
01:41:07,840 --> 01:41:08,840
 Thanks.

1490
01:41:08,840 --> 01:41:14,360
 At this time, we will close the work session at 616, and we're going to shoot for the public

1491
01:41:14,360 --> 01:41:16,520
 meeting to start at 635.

1492
01:41:16,520 --> 01:41:17,520
 Thank you.

1493
01:41:17,520 --> 01:41:24,040
 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission meeting

1494
01:41:24,040 --> 01:41:27,040
 for June 19th, 2019.

1495
01:41:27,040 --> 01:41:29,920
 Seeing that we have a quorum, I'll call the meeting to order at 647.

1496
01:41:29,920 --> 01:41:31,600
 I appreciate you all being patient with us.

1497
01:41:31,600 --> 01:41:34,280
 We're running a little bit late, so I appreciate that.

1498
01:41:34,280 --> 01:41:37,800
 The first order of business is to stand, if able, and provide a Pledge of Allegiance to

1499
01:41:37,800 --> 01:41:38,800
 the U.S. and Texas flag.

1500
01:41:38,800 --> 01:41:47,040
 I pledge allegiance to the flag of the United States of America, and to the Republic for

1501
01:41:47,040 --> 01:41:55,640
 which it stands, one nation under God, indivisible, with liberty and justice for all.

1502
01:41:55,640 --> 01:42:12,560
 I pledge allegiance to the Texas flag, and I pledge allegiance to thee, Texas, one state,

1503
01:42:12,560 --> 01:42:13,560
 under God, one, indivisible.

1504
01:42:13,560 --> 01:42:16,920
 The next item for business is to take a vote on our meeting minutes from May 29th and June

1505
01:42:16,920 --> 01:42:17,920
 5th.

1506
01:42:17,920 --> 01:42:25,160
 We'll take these in two separate votes.

1507
01:42:25,160 --> 01:42:29,160
 Chair will entertain a motion.

1508
01:42:29,160 --> 01:42:32,920
 Is it not working?

1509
01:42:32,920 --> 01:42:33,920
 Commissioner Smith?

1510
01:42:33,920 --> 01:42:38,280
 Motion to approve the May 29th minutes with edits.

1511
01:42:38,280 --> 01:42:40,440
 We have a first.

1512
01:42:40,440 --> 01:42:41,440
 Commissioner Beck?

1513
01:42:41,440 --> 01:42:42,440
 Second.

1514
01:42:42,440 --> 01:42:43,440
 We have a first and a second.

1515
01:42:43,440 --> 01:42:44,440
 Any discussion?

1516
01:42:44,440 --> 01:42:53,720
 Seeing none, I'll call for a vote on the board.

1517
01:42:53,720 --> 01:43:08,820
 Motion carries 5-0 with one recusal.

1518
01:43:08,820 --> 01:43:16,000
 We'll take a vote for the June 5th meeting minutes.

1519
01:43:16,000 --> 01:43:17,000
 Commissioner Beck?

1520
01:43:17,000 --> 01:43:18,800
 Move to approve the minutes for June 5th.

1521
01:43:18,800 --> 01:43:20,120
 We have a first for approval.

1522
01:43:20,120 --> 01:43:21,120
 Commissioner Sanchez?

1523
01:43:21,120 --> 01:43:22,120
 Approved.

1524
01:43:22,120 --> 01:43:23,120
 Second.

1525
01:43:23,120 --> 01:43:24,120
 I second the motion.

1526
01:43:24,120 --> 01:43:25,120
 I second it.

1527
01:43:25,120 --> 01:43:26,120
 Perfect.

1528
01:43:26,120 --> 01:43:27,120
 We have a first and a second.

1529
01:43:27,120 --> 01:43:28,120
 No discussion.

1530
01:43:28,120 --> 01:43:41,040
 We'll call for a vote on the board.

1531
01:43:41,040 --> 01:43:44,960
 Motion carries 4-0 to recuses.

1532
01:43:44,960 --> 01:43:48,800
 Next item for business is the consent agenda.

1533
01:43:48,800 --> 01:43:49,800
 Commissioner Smith?

1534
01:43:49,800 --> 01:43:51,240
 Move for approval of the consent agenda.

1535
01:43:51,240 --> 01:43:53,840
 We have a first for consent agenda approval.

1536
01:43:53,840 --> 01:43:54,840
 Commissioner Ellis?

1537
01:43:54,840 --> 01:43:55,840
 Second.

1538
01:43:55,840 --> 01:43:56,840
 Mr. Drake?

1539
01:43:56,840 --> 01:44:03,760
 I'm just wondering, has anyone on staff been able to determine whether we have any infrastructure

1540
01:44:03,760 --> 01:44:08,640
 that appeared inside any dedicated easements within those approved plots?

1541
01:44:08,640 --> 01:44:17,680
 Is anyone here to speak to that?

1542
01:44:17,680 --> 01:44:20,960
 Julie Wyatt, can you come speak to that question for Mr. Drake?

1543
01:44:20,960 --> 01:44:21,960
 Yes.

1544
01:44:21,960 --> 01:44:37,920
 Within that easement, there is a water line.

1545
01:44:37,920 --> 01:44:43,400
 The applicant has provided a legal description for that, and we are working to prepare that

1546
01:44:43,400 --> 01:44:48,400
 easement so that the easement document will be filed along with the plot vacations and

1547
01:44:48,400 --> 01:44:53,800
 when the final plot comes to the Planning and Zoning Commission.

1548
01:44:53,800 --> 01:45:00,080
 I would just simply caution, ordinarily, the vacations of approvals should wait for those

1549
01:45:00,080 --> 01:45:06,800
 events to occur rather than to take place upon filing, but certainly that's best within

1550
01:45:06,800 --> 01:45:13,240
 the Commission's decision-making authority.

1551
01:45:13,240 --> 01:45:17,320
 Just to clarify, Mr. Drake, we are able to vote for -- we have the discretion to make

1552
01:45:17,320 --> 01:45:18,320
 that vote tonight.

1553
01:45:18,320 --> 01:45:23,160
 Yes, you do have the discretion to make that vote, but, you know, there could be consequences

1554
01:45:23,160 --> 01:45:27,760
 that arise out of it, and I simply have to caution that they exist.

1555
01:45:27,760 --> 01:45:28,760
 Okay.

1556
01:45:28,760 --> 01:45:31,160
 We have a first and a second.

1557
01:45:31,160 --> 01:45:32,160
 Any discussion?

1558
01:45:32,160 --> 01:45:43,560
 Seeing none, I call for a vote on the board.

1559
01:45:43,560 --> 01:45:44,560
 Motion carries 6-0.

1560
01:45:44,560 --> 01:45:49,840
 That moves us to the public agenda for this evening.

1561
01:45:49,840 --> 01:45:58,520
 For those who don't have an agenda, just take note that Item 4A has been withdrawn, and

1562
01:45:58,520 --> 01:46:04,640
 Item 4B is being rescheduled to the July 17th meeting, so if you're here for Item 4A or

1563
01:46:04,640 --> 01:46:07,120
 B, those will not be heard this evening.

1564
01:46:07,120 --> 01:46:11,040
 That will bring us to our next item for business, Item 4C, S19-0005.

1565
01:46:11,040 --> 01:46:29,840
 I'll open the public hearing and invite Corrina for presentation.

1566
01:46:29,840 --> 01:46:32,160
 Just a disclaimer before I start.

1567
01:46:32,160 --> 01:46:36,360
 Based on the discussion from the work session, I made a slight revision to the final slide,

1568
01:46:36,360 --> 01:46:39,480
 which I'll go over once we get to that part of the presentation.

1569
01:46:39,480 --> 01:46:40,480
 Great.

1570
01:46:40,480 --> 01:46:41,480
 Thank you.

1571
01:46:41,480 --> 01:46:42,480
 Thank you.

1572
01:46:42,480 --> 01:46:45,920
 My name is Corrina Maldonado, assistant planner with the Planning Division.

1573
01:46:45,920 --> 01:46:56,480
 Today I'll be presenting S19-5 for Teasley multifamily.

1574
01:46:56,480 --> 01:47:01,960
 The request today is for a specific use permit for five multifamily dwelling units on approximately

1575
01:47:01,960 --> 01:47:07,600
 1.09 acres, located at 1714 Teasley Lane.

1576
01:47:07,600 --> 01:47:13,560
 That is located here in the yellow on the screen on the aerial.

1577
01:47:13,560 --> 01:47:20,400
 The site is zoned Community Mixed Use General, CMG, Zoning District, which requires an SUP

1578
01:47:20,400 --> 01:47:22,040
 for multifamily.

1579
01:47:22,040 --> 01:47:28,480
 The request is for a change in use only and does not include the expansion of the existing

1580
01:47:28,480 --> 01:47:35,960
 building, so we'll talk about that a little bit more later in the presentation.

1581
01:47:35,960 --> 01:47:38,840
 Just a brief history about the site.

1582
01:47:38,840 --> 01:47:46,880
 I did provide some aerials for the site in the general area going back to 1964, but just

1583
01:47:46,880 --> 01:47:49,880
 some history.

1584
01:47:49,880 --> 01:47:55,600
 The existing building was constructed in the 1960s as a single family home.

1585
01:47:55,600 --> 01:48:03,240
 Over the years it did have a change of use to a child daycare and then a change to office.

1586
01:48:03,240 --> 01:48:09,200
 Sometime between 2005 and 2016, the exact date is not really certain.

1587
01:48:09,200 --> 01:48:17,000
 There wasn't a legal conversion to multifamily, however in 2018 the new property owner wished

1588
01:48:17,000 --> 01:48:24,200
 to remedy this and so the request today is to go through the formal SUP process for multifamily

1589
01:48:24,200 --> 01:48:25,200
 units.

1590
01:48:25,200 --> 01:48:34,280
 I apologize for the silence, if I need to repeat anything just let me know.

1591
01:48:34,280 --> 01:48:38,120
 The proposed site plan is shown on the screen.

1592
01:48:38,120 --> 01:48:43,440
 Again it's for the use of an existing building shown here in the yellow, so they're not proposing

1593
01:48:43,440 --> 01:48:47,920
 to expand the building, only do interior alterations.

1594
01:48:47,920 --> 01:48:55,800
 This is because the existing site as it exists today has six dwelling units on it, however

1595
01:48:55,800 --> 01:49:00,920
 the smallest dwelling unit does not meet the minimum residential unit size of 500 square

1596
01:49:00,920 --> 01:49:01,920
 feet.

1597
01:49:01,920 --> 01:49:08,520
 So to remedy this the proposed site plan is to combine the two smallest units to create

1598
01:49:08,520 --> 01:49:14,600
 five dwelling units ranging from 850 square feet to 1200.

1599
01:49:14,600 --> 01:49:18,360
 Each dwelling unit will be two bedrooms.

1600
01:49:18,360 --> 01:49:25,680
 Additionally on the site plan they have indicated some removal of certain items just as a recommendation

1601
01:49:25,680 --> 01:49:32,320
 from staff to just appear a little bit nicer in terms of code with the surrounding uses

1602
01:49:32,320 --> 01:49:33,800
 of multifamily.

1603
01:49:33,800 --> 01:49:41,120
 These do include a removal of a damaged chain link fence which can be seen right here.

1604
01:49:41,120 --> 01:49:46,760
 Additionally there is an accessory shed located at the back that will also be removed.

1605
01:49:46,760 --> 01:49:54,440
 A propane tank to the southern property line as well as a carport which would not be allowed

1606
01:49:54,440 --> 01:50:00,880
 by code due to its location and then the site does have because of the change in use an

1607
01:50:00,880 --> 01:50:07,320
 excess of parking, so in this case they're not actually proposing to remove the concrete

1608
01:50:07,320 --> 01:50:15,200
 to remove parking, they're just going to remove the striping to meet the required ten spaces.

1609
01:50:15,200 --> 01:50:18,000
 Here is the proposed landscape plan.

1610
01:50:18,000 --> 01:50:25,520
 So again they're not proposing to have additional landscaping, this is what exists on the site.

1611
01:50:25,520 --> 01:50:31,280
 The required landscaping for the CMG zoning district is 20 percent, the site actually

1612
01:50:31,280 --> 01:50:36,280
 exceeds that with 49 percent landscaped area.

1613
01:50:36,280 --> 01:50:41,720
 Additionally the use of multifamily requires dedication of open space and so they have

1614
01:50:41,720 --> 01:50:50,120
 provided 8.8 percent open space and this is indicated by the hashed mark area.

1615
01:50:50,120 --> 01:50:54,720
 Lastly they are going to keep all existing trees on the site, they will not be removing

1616
01:50:54,720 --> 01:51:00,440
 any so all will be preserved and that meets the required 30 percent tree canopy coverage

1617
01:51:00,440 --> 01:51:07,520
 so they exceed it reaching approximately 39 percent.

1618
01:51:07,520 --> 01:51:12,720
 So these are just some photos of the site as it exists today.

1619
01:51:12,720 --> 01:51:16,880
 This would be looking right at the property from the north, this is that carport that

1620
01:51:16,880 --> 01:51:23,240
 they are going to be removing and this is just kind of the eastern portion of the property,

1621
01:51:23,240 --> 01:51:30,680
 this is that addition that we talked about where they added it on to do that illegal

1622
01:51:30,680 --> 01:51:33,760
 multifamily use.

1623
01:51:33,760 --> 01:51:38,160
 And then here we're showing the fence that they will also be removing, this is a chain

1624
01:51:38,160 --> 01:51:42,760
 link fence, it doesn't continue throughout the site, it's just on the eastern and southern

1625
01:51:42,760 --> 01:51:45,160
 portion of the property.

1626
01:51:45,160 --> 01:51:50,160
 And then last we just provided this aerial free that shows a more close up eagle eye

1627
01:51:50,160 --> 01:51:56,520
 view of the property and so here you can see they do have a large portion of landscaping

1628
01:51:56,520 --> 01:52:01,280
 towards the back which could also be used for open space even though it's not specifically

1629
01:52:01,280 --> 01:52:03,440
 dedicated.

1630
01:52:03,440 --> 01:52:09,360
 It's also showing all the existing trees on site, this is the shed they will be removing

1631
01:52:09,360 --> 01:52:17,000
 and some more dedicated open space would be this gazebo area here.

1632
01:52:17,000 --> 01:52:22,780
 So the criteria for approval for the SUP, there are four, I'll go through them very

1633
01:52:22,780 --> 01:52:27,400
 briefly and then discuss them further just kind of the highlights.

1634
01:52:27,400 --> 01:52:31,080
 So the first criteria being that they would be in conformance with all standards within

1635
01:52:31,080 --> 01:52:38,120
 the zoning district for the use that is to be proposed and in conformance with the long

1636
01:52:38,120 --> 01:52:42,680
 range plan and then local state and federal law.

1637
01:52:42,680 --> 01:52:47,180
 Second point would be that the specific use permit shall be issued only if the following

1638
01:52:47,180 --> 01:52:53,320
 conditions exist, these are things like compatibility with the surrounding area that it would not

1639
01:52:53,320 --> 01:53:02,080
 provide or not deter any development or impact it negatively in any way, it also talks about

1640
01:53:02,080 --> 01:53:10,520
 infrastructure utilities, access, air pollution, lighting and landscaping.

1641
01:53:10,520 --> 01:53:15,660
 Third would be that there is adequate capacity for infrastructure that it will or can be

1642
01:53:15,660 --> 01:53:22,200
 provided to the subject property and last that the special use is compatible with and

1643
01:53:22,200 --> 01:53:26,160
 will not have an adverse effect on the surrounding area.

1644
01:53:26,160 --> 01:53:31,200
 And so criteria four and two are similar so when I go through the presentation I won't

1645
01:53:31,200 --> 01:53:36,480
 really duplicate kind of how they're meeting it, I'll just talk about it at one point and

1646
01:53:36,480 --> 01:53:41,720
 then discuss how they're overlapping.

1647
01:53:41,720 --> 01:53:46,720
 So first, under the first criteria, talking specifically about how it meets the future

1648
01:53:46,720 --> 01:53:54,360
 land use, this area is designated as community mixed use and so the proposed use of multifamily

1649
01:53:54,360 --> 01:54:02,800
 is in line with that designation, this area is mostly reserved for commercial uses, however

1650
01:54:02,800 --> 01:54:09,880
 it does encourage complimentary residential uses and so similar to the area it does meet

1651
01:54:09,880 --> 01:54:14,520
 the future land use designation.

1652
01:54:14,520 --> 01:54:22,360
 Second in terms of compliance with the zoning, as the site exists today, the units that are

1653
01:54:22,360 --> 01:54:30,080
 existing do not meet the minimum residential unit size of 500 square feet that is part

1654
01:54:30,080 --> 01:54:36,680
 of the general requirements for the zoning district, so in terms of lot area lot coverage

1655
01:54:36,680 --> 01:54:42,760
 with depth, residential unit size is specifically called out, however the applicant will be

1656
01:54:42,760 --> 01:54:49,040
 proposing to combine units to meet that minimum residential unit size and in addition to this

1657
01:54:49,040 --> 01:54:54,280
 staff is, which I'll talk about later, is recommending to place a condition to specifically

1658
01:54:54,280 --> 01:55:00,360
 call out that they will meet this if approved.

1659
01:55:00,360 --> 01:55:08,880
 Second relates to building code requirements, part of this process we did request that a

1660
01:55:08,880 --> 01:55:14,200
 courtesy building inspection be conducted prior to taking it to planning and zoning

1661
01:55:14,200 --> 01:55:20,080
 and they did comply, our building inspections actually went out there, found a couple issues

1662
01:55:20,080 --> 01:55:24,440
 that are listed in the staff analysis and through that it's shown that the existing

1663
01:55:24,440 --> 01:55:30,720
 building does not meet existing building code requirements, specifically for the requirement

1664
01:55:30,720 --> 01:55:37,400
 to have fire partition walls between units, so staff is recommending a condition on the

1665
01:55:37,400 --> 01:55:43,240
 SUP to ensure that all building and fire code standards are met prior to issuance of a certificate

1666
01:55:43,240 --> 01:55:49,560
 of occupancy and then just as a side note, this is still a requirement regardless of

1667
01:55:49,560 --> 01:55:54,480
 us putting the condition on this, however staff felt it appropriate to call it out on

1668
01:55:54,480 --> 01:56:00,620
 the SUP approval process.

1669
01:56:00,620 --> 01:56:08,800
 Again going back to the second criteria for approval, calling out the youth compatibility,

1670
01:56:08,800 --> 01:56:15,600
 so the site is located here and surrounding the property is all, the majority is multi-family,

1671
01:56:15,600 --> 01:56:21,680
 so you've got multi-family along this edge and even these properties here are multi-family

1672
01:56:21,680 --> 01:56:23,120
 units.

1673
01:56:23,120 --> 01:56:28,800
 To the north we have the Rudy's, so restaurant, hotel and I believe that's a gas station

1674
01:56:28,800 --> 01:56:39,080
 on the corner, but the majority of the surrounding youths and this is a 500 aerial shot, is multi-family.

1675
01:56:39,080 --> 01:56:44,280
 Touching back to, so within this area there is only one vacant property, it's adjacent

1676
01:56:44,280 --> 01:56:52,360
 to the south, that is also owned by the property owner for this, the subject property, so this

1677
01:56:52,360 --> 01:56:58,400
 development will not immediately impact that property, however if they wish to expand to

1678
01:56:58,400 --> 01:57:08,840
 do multi-family on that vacant parcel, that will require a separate SUP application.

1679
01:57:08,840 --> 01:57:14,520
 Moving on to adequate utilities and supporting facilities, this site has been served by water

1680
01:57:14,520 --> 01:57:22,000
 and sewer since it was developed, however our water department did feel that even though

1681
01:57:22,000 --> 01:57:27,720
 they are not requiring public infrastructure, they want to ensure that they have the adequate

1682
01:57:27,720 --> 01:57:37,880
 off-site connections shown, so we have added a condition to the SUP approval to ensure

1683
01:57:37,880 --> 01:57:44,000
 that all utility easements be filed prior to issuance of a building permit, again this

1684
01:57:44,000 --> 01:57:50,080
 follows our normal process for how we go through new projects, but again we want to call it

1685
01:57:50,080 --> 01:57:56,560
 out to just ensure that that's being addressed.

1686
01:57:56,560 --> 01:58:03,520
 And then I'll just touch through the final criteria for the second criteria for approval,

1687
01:58:03,520 --> 01:58:12,040
 one being vehicular access, so there is an access easement to the north that allows access

1688
01:58:12,040 --> 01:58:18,640
 from the site to Teasley Lane, and then the driveways located on site do provide that

1689
01:58:18,640 --> 01:58:23,360
 access to that easement.

1690
01:58:23,360 --> 01:58:33,000
 No other issues related to air quality or directional lighting will be a result of this

1691
01:58:33,000 --> 01:58:41,800
 SUP, and landscaping has been met, they actually exceed the requirement.

1692
01:58:41,800 --> 01:58:48,120
 And so I'll actually skip over criteria three because it's a duplication of a previous criteria

1693
01:58:48,120 --> 01:58:55,120
 under criteria two, and skip over to criteria four regarding compatibility, specifically

1694
01:58:55,120 --> 01:59:02,240
 traffic generation, so on this site the previous use was general office, which was a more intensive

1695
01:59:02,240 --> 01:59:08,420
 use or generation of traffic, so the proposed use of five multifamily units will actually

1696
01:59:08,420 --> 01:59:17,800
 generate less traffic with a maximum of 37 weekday trips that would exit off onto Teasley

1697
01:59:17,800 --> 01:59:18,800
 Lane.

1698
01:59:18,800 --> 01:59:25,080
 Additionally, I did want to mention that there is a DCTA route, route one, located off of

1699
01:59:25,080 --> 01:59:34,480
 Teasley that is accessible from the site by walking that tenants could reach if they needed

1700
01:59:34,480 --> 01:59:41,720
 that alternative transportation.

1701
01:59:41,720 --> 01:59:47,480
 And then last, talking about scale of the surrounding multifamily and architectural

1702
01:59:47,480 --> 01:59:53,320
 compatibility, so going back to kind of that first aerial about how the development was

1703
01:59:53,320 --> 01:59:58,160
 coming in, a lot of this multifamily came in around the same time, in the 1980s.

1704
01:59:58,160 --> 02:00:06,840
 They were all constructed with brick, wood, or stucco, similar to what the existing home

1705
02:00:06,840 --> 02:00:12,920
 was at the time, which is a majority brick and wood.

1706
02:00:12,920 --> 02:00:20,040
 So size and scale, most of these multifamily developments in the immediate area are low

1707
02:00:20,040 --> 02:00:27,600
 rise with less than ten dwelling units per building, with the exception of the one multifamily

1708
02:00:27,600 --> 02:00:35,040
 to the west, which is a larger mid-rise with multiple buildings, however, that is immediately

1709
02:00:35,040 --> 02:00:42,160
 separated and screened from that property.

1710
02:00:42,160 --> 02:00:48,840
 So public notification was sent out in May with newspaper ads going out in June, and

1711
02:00:48,840 --> 02:00:56,880
 a sign was posted along on the property here and off of Teasley here.

1712
02:00:56,880 --> 02:01:02,840
 So within the 200 foot area shown in red, eight notices were sent by certified mail,

1713
02:01:02,840 --> 02:01:09,680
 and then within the 500 area shown in blue, courtesy notices were sent out to 27 residents.

1714
02:01:09,680 --> 02:01:18,520
 As of today, we have not received any responses in terms of opposition or being in favor of

1715
02:01:18,520 --> 02:01:25,760
 the request, and there were no neighborhood meetings held for this project.

1716
02:01:25,760 --> 02:01:30,680
 So with that, staff recommends approval of the SUP, subject to the attached site plan

1717
02:01:30,680 --> 02:01:36,720
 and Latsky plan, so this is the language I added today based on our discussion, along

1718
02:01:36,720 --> 02:01:41,940
 with the following conditions, which were already previously shown.

1719
02:01:41,940 --> 02:01:47,480
 So the first being that the SUP was reviewed under the 2002 development code, and therefore

1720
02:01:47,480 --> 02:01:53,760
 shall meet all 2002 development code requirements of the CMG zoning district, including but

1721
02:01:53,760 --> 02:01:59,240
 not limited to minimum residential unit size and parking requirements.

1722
02:01:59,240 --> 02:02:04,320
 Any additional utility easements required to serve the project must be filed prior to

1723
02:02:04,320 --> 02:02:09,960
 issuance of a building permit, and then last, that the existing building meet all building

1724
02:02:09,960 --> 02:02:14,300
 and fire code requirements for the approved use.

1725
02:02:14,300 --> 02:02:18,860
 So we did meet with the applicant earlier this month to discuss these conditions, and

1726
02:02:18,860 --> 02:02:22,760
 the applicant is in agreement with the conditions placed.

1727
02:02:22,760 --> 02:02:24,320
 So with that, I'll take any questions.

1728
02:02:24,320 --> 02:02:26,320
 Thank you for the presentation.

1729
02:02:26,320 --> 02:02:29,360
 I don't see any questions at this time.

1730
02:02:29,360 --> 02:02:30,360
 This is a public hearing.

1731
02:02:30,360 --> 02:02:32,040
 Anyone wishing to speak may certainly do so.

1732
02:02:32,040 --> 02:02:34,160
 I do have one card on the issue.

1733
02:02:34,160 --> 02:02:41,320
 It's Lee Allison, and Lee, you have 20 minutes to present if needed.

1734
02:02:41,320 --> 02:02:44,720
 Let's see if we can keep it under five.

1735
02:02:44,720 --> 02:02:45,720
 Good evening.

1736
02:02:45,720 --> 02:02:51,220
 Lee Allison with Allison Engineering Group, 2415 North Elm in Denton, Texas.

1737
02:02:51,220 --> 02:02:56,400
 With me this evening is the property owner, Santos, as well as Schaefer Harris, our internal

1738
02:02:56,400 --> 02:03:02,720
 project manager, and our administrator, Sue Allison.

1739
02:03:02,720 --> 02:03:07,360
 Carina did a great job presenting the information this evening.

1740
02:03:07,360 --> 02:03:11,920
 This is a tough situation, if you notice from the chronology of events.

1741
02:03:11,920 --> 02:03:13,300
 Mr. Santos bought this.

1742
02:03:13,300 --> 02:03:17,160
 He tried to do some due diligence, and he thought he had a project that just needed

1743
02:03:17,160 --> 02:03:22,960
 a simple SUP to move forward with, and then he's found out that the prior owner did some

1744
02:03:22,960 --> 02:03:28,080
 things with the building, didn't necessarily get approvals to get them done or to get them

1745
02:03:28,080 --> 02:03:32,880
 approved, and he ended up picking a poke to a certain degree.

1746
02:03:32,880 --> 02:03:34,680
 On the same time, it's a very nice site.

1747
02:03:34,680 --> 02:03:39,120
 It's important to him to be able to put it into productivity, and once he does, as Carina

1748
02:03:39,120 --> 02:03:44,720
 mentioned, on the south side, he has additional property there, and we probably will be coming

1749
02:03:44,720 --> 02:03:47,560
 back with future SUPs.

1750
02:03:47,560 --> 02:03:51,840
 Even under the new Denton Development Code, I believe this area is going to be suburban

1751
02:03:51,840 --> 02:03:57,680
 corridor, which also requires an SUP for apartments, so it's not going to be something automatic.

1752
02:03:57,680 --> 02:04:02,280
 If you recall from the pictures that Carina presented, there's some gorgeous trees around

1753
02:04:02,280 --> 02:04:05,680
 there, which we're not messing with at all at this time.

1754
02:04:05,680 --> 02:04:09,680
 There's a gazebo there, a very nice outdoor recreational area.

1755
02:04:09,680 --> 02:04:16,400
 If we tried to measure it all, it would far exceed the 8% at this time.

1756
02:04:16,400 --> 02:04:19,840
 We are adding a dumpster with enclosures.

1757
02:04:19,840 --> 02:04:23,880
 Certain facilities are being removed that are an eyesore there, such as the propane

1758
02:04:23,880 --> 02:04:30,240
 tank, the dilapidated chain link fence, the flimsy carport and an old shed that's out

1759
02:04:30,240 --> 02:04:35,520
 there, those are going away, so they're going to help with the property, we believe as well.

1760
02:04:35,520 --> 02:04:40,040
 Mr. Santos, I believe he's demonstrated by his actions of coming to the city even during

1761
02:04:40,040 --> 02:04:43,520
 due diligence that he is trying to do it by the book, he's trying to do it correctly,

1762
02:04:43,520 --> 02:04:49,800
 but he needs to get this going at this time, make it a decent housing prospect.

1763
02:04:49,800 --> 02:04:54,880
 It's in the middle of a bunch of other apartments, as Carina pointed out, as well as some retail

1764
02:04:54,880 --> 02:05:00,440
 to the front and more retail to the north, I believe, on the back sides of those.

1765
02:05:00,440 --> 02:05:04,400
 Do appreciate someone from Legal early up, and it might have been you, Jerry, I'm not

1766
02:05:04,400 --> 02:05:07,840
 sure, that brought up the issue about access.

1767
02:05:07,840 --> 02:05:13,400
 That is important, and fortunately, Carina and Mark Laird made a noble effort and found

1768
02:05:13,400 --> 02:05:17,640
 the access easement, so we do have Legal Access, that's been proven up.

1769
02:05:17,640 --> 02:05:21,920
 And I believe the fire marshal has signed off, the fire department has signed off on

1770
02:05:21,920 --> 02:05:26,080
 the fire lanes that are already there and approved to be able to access the site, so

1771
02:05:26,080 --> 02:05:28,080
 that's in good shape.

1772
02:05:28,080 --> 02:05:33,160
 The other items that are on the conditions are items that have to be adhered to regardless

1773
02:05:33,160 --> 02:05:41,040
 to get a CO, so we certainly don't have any objections to those, and we do got to camera

1774
02:05:41,040 --> 02:05:45,080
 the sewer line, find out where it is so we can determine where to put a sewer easement,

1775
02:05:45,080 --> 02:05:49,760
 but hopefully he's been there by adverse possession or something, we'll figure something out,

1776
02:05:49,760 --> 02:05:52,640
 but we'll get it written up and get it correct.

1777
02:05:52,640 --> 02:05:57,160
 I'll be glad to respond to any questions at this time, I don't want to belabor this

1778
02:05:57,160 --> 02:05:58,160
 issue.

1779
02:05:58,160 --> 02:05:59,160
 Mr. Sanchez has a question.

1780
02:05:59,160 --> 02:06:06,840
 I have a question, as I was going through my notes, there's talks about an unpermitted

1781
02:06:06,840 --> 02:06:13,380
 addition and then it says, when it was inspected in 2016, it says the addition showed indications

1782
02:06:13,380 --> 02:06:17,720
 of a lack of structural integrity, have you all looked at that?

1783
02:06:17,720 --> 02:06:22,880
 As far as, I know nobody's mentioned it, this is the only place I've seen it, so I was just

1784
02:06:22,880 --> 02:06:28,320
 wondering how have you addressed it, or are you looking at it as part of the permit?

1785
02:06:28,320 --> 02:06:32,040
 I'll let Karina address it, I will say this is the first we've heard of that, and the

1786
02:06:32,040 --> 02:06:38,520
 city was good to give a, not complimentary, but a preview of a walk-through and inspection,

1787
02:06:38,520 --> 02:06:44,240
 we will take care of it, but I'll let Karina elaborate on that.

1788
02:06:44,240 --> 02:06:49,780
 Yes, so part of the site history talking about the illegal addition, over the years there

1789
02:06:49,780 --> 02:06:55,640
 have been some complaints, and this is due to a previous owner, not the current owner,

1790
02:06:55,640 --> 02:07:06,400
 regarding several issues, some related to the addition, let me pull it up on this side.

1791
02:07:06,400 --> 02:07:18,960
 If you see right here, this portion was called out as an illegal addition, and so when our

1792
02:07:18,960 --> 02:07:24,700
 building inspections actually went out to inspect the site, they indicated that there

1793
02:07:24,700 --> 02:07:32,800
 was some structural issues with the walls because of that addition, however, the owner

1794
02:07:32,800 --> 02:07:40,480
 at the time did go through the process to get some repairs on the foundation that seemed

1795
02:07:40,480 --> 02:07:46,440
 to have fixed the issues with that, so from our records, our city records, it looks like

1796
02:07:46,440 --> 02:07:53,520
 that issue has been resolved through our SUP process.

1797
02:07:53,520 --> 02:08:00,360
 If you go back to one of those conditions regarding building code requirements, we had

1798
02:08:00,360 --> 02:08:07,760
 our courtesy inspection done, the applicant was in agreement, and so they walked the site

1799
02:08:07,760 --> 02:08:14,880
 together just to make sure that there were no additional safety hazards, so in that walk

1800
02:08:14,880 --> 02:08:20,240
 they found that because it's multi-family, they would need to have fire partition walls,

1801
02:08:20,240 --> 02:08:27,200
 but other than that, they didn't find any additional major issues where a major repair

1802
02:08:27,200 --> 02:08:31,240
 would be indicated to where this is not a structurally sound building.

1803
02:08:31,240 --> 02:08:36,960
 Okay, that was my concern, is that that was addressed.

1804
02:08:36,960 --> 02:08:37,960
 Yes.

1805
02:08:37,960 --> 02:08:38,960
 That was addressed.

1806
02:08:38,960 --> 02:08:39,960
 Okay, thank you.

1807
02:08:39,960 --> 02:08:40,960
 Thank you, Mr. Allison.

1808
02:08:40,960 --> 02:08:44,920
 I don't have any more questions for you.

1809
02:08:44,920 --> 02:08:45,920
 Thank you.

1810
02:08:45,920 --> 02:08:46,920
 This is a public hearing.

1811
02:08:46,920 --> 02:08:47,920
 Anyone wishing to speak on this item?

1812
02:08:47,920 --> 02:08:52,920
 I certainly do so.

1813
02:08:52,920 --> 02:08:58,260
 Seeing none, I will close the public hearing and give the floor to Commissioner Beck.

1814
02:08:58,260 --> 02:08:59,260
 Thank you, Chair.

1815
02:08:59,260 --> 02:09:04,040
 I move to approve this SUP with the three recommendations by the staff.

1816
02:09:04,040 --> 02:09:08,240
 So we have a first for approval with the conditions.

1817
02:09:08,240 --> 02:09:09,240
 Commissioner Smith?

1818
02:09:09,240 --> 02:09:10,240
 Second the motion.

1819
02:09:10,240 --> 02:09:11,240
 We have a first and a second for approval.

1820
02:09:11,240 --> 02:09:12,240
 Mr. Drake?

1821
02:09:12,240 --> 02:09:19,680
 I just wanted to point out that the documents found by Mr. Laird that Mr. Allison referred

1822
02:09:19,680 --> 02:09:25,360
 to were forwarded to me for the first time tonight during the work session earlier this

1823
02:09:25,360 --> 02:09:26,360
 evening.

1824
02:09:26,360 --> 02:09:31,680
 And I have forwarded them on to our real estate attorneys here in the city attorney's office.

1825
02:09:31,680 --> 02:09:40,080
 But at this time, I have some doubts about the sufficiency of those documents to meet

1826
02:09:40,080 --> 02:09:48,800
 the required standards and to in fact convey a public access easement to the city.

1827
02:09:48,800 --> 02:09:53,880
 So for the purposes of the staff recommendation of approval, I can't say that that includes

1828
02:09:53,880 --> 02:09:58,680
 our legal department at this time.

1829
02:09:58,680 --> 02:10:04,840
 The documents seem to include an easement that allows for construction of an all weather

1830
02:10:04,840 --> 02:10:11,360
 access, not for maintenance or ongoing use.

1831
02:10:11,360 --> 02:10:18,440
 And we cannot confirm at this time that that would satisfy the ordinary code requirements

1832
02:10:18,440 --> 02:10:22,040
 for development with regard to public access.

1833
02:10:22,040 --> 02:10:28,840
 In fact, the width of it seems to be narrower than would be required in a situation for

1834
02:10:28,840 --> 02:10:30,560
 platting.

1835
02:10:30,560 --> 02:10:42,080
 And for whatever purpose, the commission chooses to give weight to that if any at all in looking

1836
02:10:42,080 --> 02:10:50,720
 at the access component of recommending specific use permit at this time, I will simply offer

1837
02:10:50,720 --> 02:10:51,720
 that information.

1838
02:10:51,720 --> 02:10:58,240
 I cannot give you a clear up or down legal recommendation at that time, I can only offer

1839
02:10:58,240 --> 02:10:59,240
 you doubt.

1840
02:10:59,240 --> 02:11:00,240
 >> Thank you, Mr. Drake.

1841
02:11:00,240 --> 02:11:01,240
 Mr. Beck.

1842
02:11:01,240 --> 02:11:09,120
 >> Well, as Jerry's comments have given me pause then on my motion, I'm wondering if

1843
02:11:09,120 --> 02:11:14,480
 perhaps I should add to the recommendations his concerns about this right of way.

1844
02:11:14,480 --> 02:11:15,480
 Would that be appropriate?

1845
02:11:15,480 --> 02:11:20,780
 If so, probably need some help wording it.

1846
02:11:20,780 --> 02:11:25,160
 >> If you're asking me as parliamentarian, you can certainly withdraw your motion if

1847
02:11:25,160 --> 02:11:32,960
 that's the case or make another motion or wait for another motion to be made.

1848
02:11:32,960 --> 02:11:35,720
 >> Would like to withdraw it and add your concerns to the road.

1849
02:11:35,720 --> 02:11:42,400
 I had a little bit of concern about that myself earlier, so if -- chair, if I can remove my

1850
02:11:42,400 --> 02:11:43,400
 motion.

1851
02:11:43,400 --> 02:11:44,400
 >> Absolutely.

1852
02:11:44,400 --> 02:11:45,400
 >> Okay.

1853
02:11:45,400 --> 02:11:53,840
 >> Mr. Allison, if you -- you said that -- come to the mic -- you said you've talked to the

1854
02:11:53,840 --> 02:11:58,200
 fire department, can you speak to more of that and if you have an additional point.

1855
02:11:58,200 --> 02:12:01,440
 >> As far as the fire department, that was talking about the physical access.

1856
02:12:01,440 --> 02:12:04,320
 I appreciate Mr. Drake's comments.

1857
02:12:04,320 --> 02:12:08,740
 This is the first time hearing that that easement may not be adequate and I acknowledge that

1858
02:12:08,740 --> 02:12:12,840
 I have not read it either or pursued it, we were just told we thought we found it.

1859
02:12:12,840 --> 02:12:20,040
 With that, I don't think we would mind a condition at all related to adding appropriate access

1860
02:12:20,040 --> 02:12:22,600
 suitable to the city as a part of this approval.

1861
02:12:22,600 --> 02:12:26,960
 I would hope that the neighbors would want us to be able to access and clean up this

1862
02:12:26,960 --> 02:12:31,500
 site versus keeping the way it is, so if that's necessary, we'd certainly be agreeable to

1863
02:12:31,500 --> 02:12:32,500
 that.

1864
02:12:32,500 --> 02:12:36,960
 >> Captain, can you clear the board of the motion?

1865
02:12:36,960 --> 02:12:37,960
 Oh, we're back.

1866
02:12:37,960 --> 02:12:38,960
 Commissioner Beck.

1867
02:12:38,960 --> 02:12:47,280
 >> At this point, I would like to make a motion to approve this SUP with three staff recommendations

1868
02:12:47,280 --> 02:12:55,520
 plus a fourth recommendation that we get this access concern clarified straight in the way

1869
02:12:55,520 --> 02:13:03,960
 and I don't know how to word that exactly, but obviously there's a concern about the

1870
02:13:03,960 --> 02:13:04,960
 right of way there.

1871
02:13:04,960 --> 02:13:06,960
 That could create problems.

1872
02:13:06,960 --> 02:13:07,960
 >> Karina.

1873
02:13:07,960 --> 02:13:17,880
 >> I just want to point out we did have previously the condition based on legal recommendation.

1874
02:13:17,880 --> 02:13:24,480
 I believe the wording was that the applicant demonstrate that access for public services

1875
02:13:24,480 --> 02:13:29,760
 exists for the site prior to certificate of occupancy.

1876
02:13:29,760 --> 02:13:36,800
 That was the language we had in before, however staff did review the document related to the

1877
02:13:36,800 --> 02:13:46,520
 access easement and did speak with fire twice about the access in which they indicated that

1878
02:13:46,520 --> 02:13:53,000
 it was appropriate for them and they currently use it to access the site now, so I just kind

1879
02:13:53,000 --> 02:13:56,000
 of wanted to make that clarification.

1880
02:13:56,000 --> 02:14:00,360
 >> And I appreciate that, Karina, but just so we're doing due diligence, if we could

1881
02:14:00,360 --> 02:14:07,000
 get it resolved to Jerry's satisfaction, he is our legal advisor here, so again, I would

1882
02:14:07,000 --> 02:14:09,000
 like to add that condition.

1883
02:14:09,000 --> 02:14:14,680
 >> You know, I would prefer to give you a well informed legal opinion so that you can

1884
02:14:14,680 --> 02:14:22,320
 make an informed decision if it wouldn't be too much of a hardship to postpone this until

1885
02:14:22,320 --> 02:14:29,720
 the next meeting, I think that would give us a reasonable opportunity to do some exploration

1886
02:14:29,720 --> 02:14:38,160
 into the easements that are offered and give the planning and zoning commission a more

1887
02:14:38,160 --> 02:14:42,160
 thorough report on where we feel the easements leave us.

1888
02:14:42,160 --> 02:14:46,280
 >> Okay, and you feel certain that you could provide that information, we could have this

1889
02:14:46,280 --> 02:14:48,640
 settled by the next BNZ meeting?

1890
02:14:48,640 --> 02:14:49,640
 >> I feel confident.

1891
02:14:49,640 --> 02:14:50,640
 >> Okay.

1892
02:14:50,640 --> 02:14:52,480
 >> I feel certain, but I feel confident.

1893
02:14:52,480 --> 02:14:55,720
 >> Mr. Allison, is that amenable to you?

1894
02:14:55,720 --> 02:14:57,720
 A couple more weeks?

1895
02:14:57,720 --> 02:15:03,320
 >> Well, generally, yes, specifically, we're either going to find out that we got to go

1896
02:15:03,320 --> 02:15:08,160
 get another easement or we're going to find out it's good to go, so we can go either way

1897
02:15:08,160 --> 02:15:15,640
 in two weeks, give us a chance to look at the easement and see what we can do as well.

1898
02:15:15,640 --> 02:15:22,640
 >> I guess I'll leave my motion as it is, rather than -- okay.

1899
02:15:22,640 --> 02:15:25,960
 >> Mr. Cronin, do you want to say something?

1900
02:15:25,960 --> 02:15:31,320
 >> Just wanted to clarify again, we initially had it, as Karina had indicated, we had had

1901
02:15:31,320 --> 02:15:37,640
 that condition about the access easement when we went through the deed records, specifically

1902
02:15:37,640 --> 02:15:44,160
 volume 257, page 700, there is a description of the easement and it is hereby dedicated

1903
02:15:44,160 --> 02:15:49,040
 such land to the public for use as an easement for the purposes of ingress and egress.

1904
02:15:49,040 --> 02:15:55,680
 Again, we went through a real estate individual or analyst as part of our department who clarified

1905
02:15:55,680 --> 02:16:00,720
 that yes, that is the -- that description does match the easement that's been in place

1906
02:16:00,720 --> 02:16:06,800
 since, I don't know when this was initially recorded, 1979.

1907
02:16:06,800 --> 02:16:07,800
 >> Okay.

1908
02:16:07,800 --> 02:16:12,800
 Then we can probably feel comfortable that this will go through without a whole lot of

1909
02:16:12,800 --> 02:16:17,680
 problems, but we'll at least have done our due diligence and allow Jerry's concern to

1910
02:16:17,680 --> 02:16:18,680
 be addressed.

1911
02:16:18,680 --> 02:16:24,960
 >> The only other point I want, again, as I discussed and mentioned in the work session,

1912
02:16:24,960 --> 02:16:31,920
 the width of the 24 foot drive is part of the subdivision regulations.

1913
02:16:31,920 --> 02:16:38,040
 They're not required to subdivide or follow the platix, so therefore that is not a requirement.

1914
02:16:38,040 --> 02:16:39,040
 >> Understood.

1915
02:16:39,040 --> 02:16:40,040
 Thank you.

1916
02:16:40,040 --> 02:16:41,040
 I'm good.

1917
02:16:41,040 --> 02:16:43,040
 >> Commissioner Smith.

1918
02:16:43,040 --> 02:16:44,040
 >> Okay.

1919
02:16:44,040 --> 02:16:45,040
 Clarification of the motion on the floor.

1920
02:16:45,040 --> 02:16:49,840
 >> Commissioner Beck, can you clarify your motion?

1921
02:16:49,840 --> 02:16:50,840
 >> You would ask that.

1922
02:16:50,840 --> 02:16:51,840
 Yes.

1923
02:16:51,840 --> 02:16:58,040
 We're going to recommend approval of the SUP with the Staff 3 recommendation plus legal's

1924
02:16:58,040 --> 02:17:04,360
 concern about the right of way for the means of ingress and egress.

1925
02:17:04,360 --> 02:17:05,360
 Good enough.

1926
02:17:05,360 --> 02:17:06,360
 Okay.

1927
02:17:06,360 --> 02:17:07,360
 >> Second motion.

1928
02:17:07,360 --> 02:17:12,980
 >> So we have a first and a second for approval, Commissioner Sanchez.

1929
02:17:12,980 --> 02:17:20,160
 >> I guess my question was, when you were talking about a private easement, my question

1930
02:17:20,160 --> 02:17:24,440
 was, and he answered it was since 1970, I think you said.

1931
02:17:24,440 --> 02:17:31,400
 But as a private easement, it's strictly for those people utilizing that building or it's

1932
02:17:31,400 --> 02:17:36,200
 not public, it doesn't have to be public so everybody can go in and out of it, does it?

1933
02:17:36,200 --> 02:17:39,240
 I'm not -- so it's really a private drive.

1934
02:17:39,240 --> 02:17:40,240
 >> No.

1935
02:17:40,240 --> 02:17:48,240
 I mean, you're opening multifamily units open to the public and there does need to be public

1936
02:17:48,240 --> 02:17:51,560
 access to that land.

1937
02:17:51,560 --> 02:17:54,760
 It's not a single family home where they own the private easement.

1938
02:17:54,760 --> 02:18:00,800
 That's what it was originally and that's why the easement was sufficient back then.

1939
02:18:00,800 --> 02:18:07,680
 People decided to build a single family home there and as long as they owned the land that

1940
02:18:07,680 --> 02:18:13,400
 they get access from, their approval is sufficient to satisfy their needs.

1941
02:18:13,400 --> 02:18:16,480
 It's just like having a private drive.

1942
02:18:16,480 --> 02:18:24,280
 When you turn that into a multifamily unit, the standards change a bit and, you know,

1943
02:18:24,280 --> 02:18:31,400
 ordinarily you need to have some kind of public access, whether that be frontage on a public

1944
02:18:31,400 --> 02:18:37,160
 street or a fully dedicated public easement.

1945
02:18:37,160 --> 02:18:45,200
 Yes, there is the language about public access, but it was for installation of an all-weather

1946
02:18:45,200 --> 02:18:52,400
 surface sufficient to satisfy the needs of two individuals, as I recall.

1947
02:18:52,400 --> 02:19:01,360
 I think there's enough doubt in there that it certainly gives us pause and we need to

1948
02:19:01,360 --> 02:19:03,680
 advise you about it.

1949
02:19:03,680 --> 02:19:07,920
 The call is the commission's to make as far as what it wants to recommend.

1950
02:19:07,920 --> 02:19:11,520
 I simply have a legal duty to advise you.

1951
02:19:11,520 --> 02:19:16,800
 >> I guess I was only curious -- I was curious because when we were discussing that location

1952
02:19:16,800 --> 02:19:28,160
 as a little community down on Colorado, they had a private -- we said it was private streets.

1953
02:19:28,160 --> 02:19:34,320
 So that's my question, but it could be accessed by the fire department, but it was still private.

1954
02:19:34,320 --> 02:19:40,200
 So how do you -- we compare that to something like this, they identify it as a private road.

1955
02:19:40,200 --> 02:19:44,760
 People can still utilize that street if they go visit those people living there, but it's

1956
02:19:44,760 --> 02:19:49,920
 not utilized for just anybody going in there because it doesn't go anywhere.

1957
02:19:49,920 --> 02:19:53,000
 >> Those aren't multi-family residents.

1958
02:19:53,000 --> 02:20:06,800
 That's a facility that's owned Alpha to Omega by the senior care facility and they can bring

1959
02:20:06,800 --> 02:20:10,320
 people in under terms of their contract.

1960
02:20:10,320 --> 02:20:18,560
 >> If I could interject here, Mr. Sanchez, has the deed pulled up, if we could pull the

1961
02:20:18,560 --> 02:20:22,800
 eye in the sky up, it says -- and we can read it.

1962
02:20:22,800 --> 02:20:28,240
 >> I figure rather than talk in the abstract, you can see the exact document that we had

1963
02:20:28,240 --> 02:20:29,240
 included.

1964
02:20:29,240 --> 02:20:34,360
 I'm not going to read all, but I will highlight the dedication to the public for the use of

1965
02:20:34,360 --> 02:20:38,440
 an easement for the purpose of ingress and egress gives a legal description, the grant

1966
02:20:38,440 --> 02:20:44,200
 of the easement shall be perpetual, shall run with the land in title, and then there

1967
02:20:44,200 --> 02:20:46,760
 was some right-of-way dedication.

1968
02:20:46,760 --> 02:20:52,280
 >> Richard, in your reading of that, does it speak to anything about the purpose of

1969
02:20:52,280 --> 02:20:58,480
 construction that they were conceding the public access?

1970
02:20:58,480 --> 02:21:02,760
 >> There was the right-of-way hereby conveyed for the purpose of locating, establishing,

1971
02:21:02,760 --> 02:21:06,960
 construction, maintaining over and across the subject property and all-weather road.

1972
02:21:06,960 --> 02:21:12,160
 So that was -- that's in conjunction with the right-of-way.

1973
02:21:12,160 --> 02:21:22,600
 The top part was in conjunction with the easement dedicated to the public for ingress and egress.

1974
02:21:22,600 --> 02:21:23,600
 >> Clear as mud.

1975
02:21:23,600 --> 02:21:24,600
 Krisha Ellis.

1976
02:21:24,600 --> 02:21:25,600
 >> Thank you, Chair.

1977
02:21:25,600 --> 02:21:26,600
 Okay.

1978
02:21:26,600 --> 02:21:35,180
 So I'm super uncomfortable with staff and legal not being on the same page here, and

1979
02:21:35,180 --> 02:21:39,080
 if this is not sufficient, we don't exactly know what that's going to look like if something

1980
02:21:39,080 --> 02:21:42,480
 has to be recreated.

1981
02:21:42,480 --> 02:21:46,360
 So I'm going to move to postpone to get more clarification.

1982
02:21:46,360 --> 02:21:49,560
 I move to postpone until our next planning and zoning meeting.

1983
02:21:49,560 --> 02:21:52,520
 >> So we have a superseding motion to postpone.

1984
02:21:52,520 --> 02:21:55,520
 Do we have a second?

1985
02:21:55,520 --> 02:22:00,280
 By show of hand, do we have a second?

1986
02:22:00,280 --> 02:22:01,280
 Commissioner Sanchez.

1987
02:22:01,280 --> 02:22:05,560
 >> I second, Commissioner Ellis' recommendation.

1988
02:22:05,560 --> 02:22:11,720
 >> So we have a first and a second to postpone to the next P&Z meetings at a date certain,

1989
02:22:11,720 --> 02:22:12,720
 Commissioner Ellis.

1990
02:22:12,720 --> 02:22:14,160
 >> To the next planning and zoning meeting.

1991
02:22:14,160 --> 02:22:15,160
 >> Is that the special call?

1992
02:22:15,160 --> 02:22:20,160
 Does it go to the 17th?

1993
02:22:20,160 --> 02:22:26,800
 The special call is next week.

1994
02:22:26,800 --> 02:22:29,800
 July 17th is the next regular call.

1995
02:22:29,800 --> 02:22:31,720
 >> July 17th?

1996
02:22:31,720 --> 02:22:32,720
 >> Yes.

1997
02:22:32,720 --> 02:22:36,600
 >> So a first and a second to postpone this item to the July 17th meeting.

1998
02:22:36,600 --> 02:22:42,360
 Is there any discussion on this?

1999
02:22:42,360 --> 02:22:58,400
 We will call for a vote to postpone this agenda item on the board.

2000
02:22:58,400 --> 02:22:59,920
 Motion carries 5-1.

2001
02:22:59,920 --> 02:23:04,200
 It will be back on the agenda on July 17th.

2002
02:23:04,200 --> 02:23:11,240
 Next item of business is item 4-D, S19-0002.

2003
02:23:11,240 --> 02:23:21,040
 I will open the public hearing and invite Julie Wyatt for presentation.

2004
02:23:21,040 --> 02:23:27,240
 >> Good evening.

2005
02:23:27,240 --> 02:23:28,240
 I'm Julie Wyatt.

2006
02:23:28,240 --> 02:23:36,000
 I'm the senior planner with the city, and I'm presenting S19-2, forest crossing.

2007
02:23:36,000 --> 02:23:39,960
 So the request before you is for a specific use permit for multifamily dwellings.

2008
02:23:39,960 --> 02:23:42,080
 The subject property is about 15 acres.

2009
02:23:42,080 --> 02:23:44,120
 It's outlined here in yellow.

2010
02:23:44,120 --> 02:23:51,280
 It's on the north side of McKinney, west of May Hill, and east of loop 288.

2011
02:23:51,280 --> 02:23:56,320
 The subject property has a CMG zoning district, and that was approved in 2017.

2012
02:23:56,320 --> 02:24:02,080
 CMG permits multifamily dwellings with an SUP or as part of a mixed use development.

2013
02:24:02,080 --> 02:24:07,920
 Tonight the applicant is seeking an SUP for the multifamily use.

2014
02:24:07,920 --> 02:24:11,120
 The criteria for approval are in subchapter 6 of the Denton Development Code.

2015
02:24:11,120 --> 02:24:12,640
 I won't go over all of those.

2016
02:24:12,640 --> 02:24:15,480
 I won't read those to you, but we'll just kind of talk about them as we talk about the

2017
02:24:15,480 --> 02:24:19,280
 site plan and the proposal.

2018
02:24:19,280 --> 02:24:23,920
 So the first thing we always look at is the future land use element of Denton Plan 2030.

2019
02:24:23,920 --> 02:24:28,560
 And that designates this property in the surrounding area as community mixed use.

2020
02:24:28,560 --> 02:24:33,000
 This is intended to promote a mix of uses to encourage commercial and also complementary

2021
02:24:33,000 --> 02:24:34,640
 residential uses.

2022
02:24:34,640 --> 02:24:40,680
 The intent is to encourage diverse uses to be located next to each other to create districts.

2023
02:24:40,680 --> 02:24:43,320
 Multifamily development is consistent with the future land use map.

2024
02:24:43,320 --> 02:24:47,320
 It's a complementary residential use for commercial development, and it's often found in mixed

2025
02:24:47,320 --> 02:24:49,720
 use districts.

2026
02:24:49,720 --> 02:24:54,640
 Denton Plan 2030 also talks about the growth projections for the city.

2027
02:24:54,640 --> 02:25:04,760
 And per that plan, Denton is expected to grow to over 200,000 people by 2030, which will

2028
02:25:04,760 --> 02:25:08,560
 require additional housing and as part of that mix will be multifamily.

2029
02:25:08,560 --> 02:25:13,600
 So they are proposing that over 12,000 new multifamily units will be needed in order

2030
02:25:13,600 --> 02:25:17,880
 to satisfy the demand.

2031
02:25:17,880 --> 02:25:23,800
 Multifamily developments in strategic locations like urbanized areas, adjacent arterials,

2032
02:25:23,800 --> 02:25:29,880
 are appropriate because they're within proximity to schools and shopping and employment and

2033
02:25:29,880 --> 02:25:34,840
 allows that housing to develop in a compact development pattern which is part of our vision

2034
02:25:34,840 --> 02:25:40,200
 for our city and it reduces that sprawl.

2035
02:25:40,200 --> 02:25:41,480
 Here's the site plan.

2036
02:25:41,480 --> 02:25:45,960
 The subject property is outlined in the black hatch mark.

2037
02:25:45,960 --> 02:25:51,880
 The applicant is proposing 12 three-story buildings, and they're in the purple.

2038
02:25:51,880 --> 02:25:57,280
 They're accessing McKinney in this location and then Mayhill.

2039
02:25:57,280 --> 02:26:03,600
 They're proposing 68 percent lot coverage, 31 percent landscape area, a building height,

2040
02:26:03,600 --> 02:26:09,880
 a maximum building height of about 41 feet, and a maximum density of 18.6 dwelling units

2041
02:26:09,880 --> 02:26:11,020
 per acre.

2042
02:26:11,020 --> 02:26:14,760
 They're also proposing a community building with a pool.

2043
02:26:14,760 --> 02:26:18,680
 Two detention areas, one in this location and one in this location.

2044
02:26:18,680 --> 02:26:25,680
 And they're proposing what I call a donut design in that it's that 15 acres in the middle

2045
02:26:25,680 --> 02:26:35,000
 of an undeveloped area reserving the commercial tracks adjacent to those arterials for that

2046
02:26:35,000 --> 02:26:37,280
 future commercial development.

2047
02:26:37,280 --> 02:26:38,280
 That has the greater access.

2048
02:26:38,280 --> 02:26:40,240
 It's got the greater visibility.

2049
02:26:40,240 --> 02:26:43,200
 So in this location that residential makes sense.

2050
02:26:43,200 --> 02:26:49,560
 It provides that higher density dwellings needed for commercial development but sets

2051
02:26:49,560 --> 02:26:54,800
 it off of the street to allow the commercial to develop adjacent to the right of way.

2052
02:26:54,800 --> 02:27:00,520
 Fencing and open spaces as well as the parking areas are proposed surrounding the buildings

2053
02:27:00,520 --> 02:27:05,000
 to provide a little extra separation between the future or the proposed future residential

2054
02:27:05,000 --> 02:27:08,840
 of multifamily and that potential future commercial development.

2055
02:27:08,840 --> 02:27:13,400
 And the proposal also meets parking regulations.

2056
02:27:13,400 --> 02:27:19,700
 The landscape plan indicates that they are proposing 476 new trees.

2057
02:27:19,700 --> 02:27:23,520
 And your backup shows the variety of species.

2058
02:27:23,520 --> 02:27:34,600
 And at maturity, this canopy would create over 300,000 square feet of new tree canopy.

2059
02:27:34,600 --> 02:27:36,760
 This is the north side of the property.

2060
02:27:36,760 --> 02:27:42,280
 The green dots are those proposed trees or at least tree areas.

2061
02:27:42,280 --> 02:27:45,040
 And then this is the southern portion of the property.

2062
02:27:45,040 --> 02:27:47,280
 Here's that driveway to May Hill and McKinney.

2063
02:27:47,280 --> 02:27:51,600
 They're also proposing open space areas for the tree preservation and additional planting

2064
02:27:51,600 --> 02:27:56,720
 in that area to provide those more meaningful tree stands.

2065
02:27:56,720 --> 02:28:01,800
 The proposed elevations show three story buildings with earth tones.

2066
02:28:01,800 --> 02:28:07,540
 They do propose bright accent colors in orange and yellow and burgundy to identify the different

2067
02:28:07,540 --> 02:28:10,040
 buildings and add that pop of color.

2068
02:28:10,040 --> 02:28:16,280
 The exterior facades include fiber cement siding, stone, brick, and metal guard rails.

2069
02:28:16,280 --> 02:28:22,600
 As part of their request, they are requesting a deviation for a couple of the site design

2070
02:28:22,600 --> 02:28:27,000
 requirements in subchapter 13 of the Debt and Development Code, particularly where the buildings

2071
02:28:27,000 --> 02:28:30,320
 and the parking are placed.

2072
02:28:30,320 --> 02:28:34,920
 The SUP is not the process to approve that.

2073
02:28:34,920 --> 02:28:40,920
 If this SUP is approved, they will have to come back to the Planning and Zoning Commission

2074
02:28:40,920 --> 02:28:42,280
 to get approval of that ADP.

2075
02:28:42,280 --> 02:28:44,200
 They've actually already submitted for it.

2076
02:28:44,200 --> 02:28:46,920
 It's just we've got to take things in order.

2077
02:28:46,920 --> 02:28:50,920
 Staff really doesn't have a lot of issue with their request of deviations.

2078
02:28:50,920 --> 02:28:54,560
 It's just got to follow that process.

2079
02:28:54,560 --> 02:28:57,600
 As part of the analysis, we looked at the infrastructure.

2080
02:28:57,600 --> 02:28:58,680
 First of all, transportation.

2081
02:28:58,680 --> 02:29:00,640
 They provided trip generation.

2082
02:29:00,640 --> 02:29:07,920
 Per the ITE trip generation manual, this proposed 288 dwelling units would generate about 2,100

2083
02:29:07,920 --> 02:29:08,920
 trips per day.

2084
02:29:08,920 --> 02:29:14,440
 That's 130 peak morning and 151 peak evening.

2085
02:29:14,440 --> 02:29:18,200
 They would also have to pay roadway impact fees as a result of the development.

2086
02:29:18,200 --> 02:29:23,400
 This is used to implement the mobility plan, and the estimated amount for the proposal

2087
02:29:23,400 --> 02:29:28,400
 is approximately about $357,000 for roadway impact fees.

2088
02:29:28,400 --> 02:29:35,440
 They would also have to make some perimeter street improvements, particularly to mitigate

2089
02:29:35,440 --> 02:29:37,480
 for traffic to their side.

2090
02:29:37,480 --> 02:29:44,560
 That would be a left turn lane going eastbound into McKinney.

2091
02:29:44,560 --> 02:29:49,400
 That way, cars traveling east on McKinney would have a safe way to turn left into the

2092
02:29:49,400 --> 02:29:51,600
 subject property.

2093
02:29:51,600 --> 02:29:54,000
 There are nearby capital improvements.

2094
02:29:54,000 --> 02:29:57,640
 You're probably well aware of the Mayhill Road improvements.

2095
02:29:57,640 --> 02:30:04,280
 That will, in the near future, include four travel lanes with a large median, but there

2096
02:30:04,280 --> 02:30:08,600
 will be additional space to add two extra lanes, and then East McKinney Street will

2097
02:30:08,600 --> 02:30:14,360
 be improved imminently, and that is east of loop 288, and it will be a four-lane divided

2098
02:30:14,360 --> 02:30:18,720
 road with curb, gutter, and five-foot sidewalks.

2099
02:30:18,720 --> 02:30:21,320
 Water and wastewater are available to the property.

2100
02:30:21,320 --> 02:30:26,080
 There is a park about 3,700 linear feet from the subject site.

2101
02:30:26,080 --> 02:30:31,440
 That's about a 15- to 20-minute walk, which really doesn't meet our park's goals for

2102
02:30:31,440 --> 02:30:37,140
 our 10-minute-to-a-walk park standard, but they are working on identifying additional

2103
02:30:37,140 --> 02:30:42,040
 parkland as well as parking with schools, so they are working actively to make sure

2104
02:30:42,040 --> 02:30:44,860
 we have adequate parks within the city.

2105
02:30:44,860 --> 02:30:53,080
 As part of the adequate park provision, the applicant will have to do a park dedication

2106
02:30:53,080 --> 02:30:57,800
 as well as development fees for the subject property.

2107
02:30:57,800 --> 02:31:02,400
 The schools within the attendance zone do have adequate capacity per Denton ISD, and

2108
02:31:02,400 --> 02:31:06,280
 there's also a fire station within the vicinity.

2109
02:31:06,280 --> 02:31:11,520
 We did a property tax analysis based upon the unimproved value of the property, and

2110
02:31:11,520 --> 02:31:18,400
 based upon the estimated improvement value that the applicant provided, we do anticipate

2111
02:31:18,400 --> 02:31:24,080
 that the value of the property would increase, which could result in a potential increase

2112
02:31:24,080 --> 02:31:30,800
 of about $198,000 paid to the city within a given year.

2113
02:31:30,800 --> 02:31:32,000
 Public notification was sent out.

2114
02:31:32,000 --> 02:31:36,600
 We didn't receive any responses, and staff does recommend approval of the request as

2115
02:31:36,600 --> 02:31:40,680
 it meets the criteria for approval.

2116
02:31:40,680 --> 02:31:46,860
 We do recommend that the project conform to the site plan and landscape plan and elevations

2117
02:31:46,860 --> 02:31:56,760
 that were shown, and as part of our conditions, we recommend that they come back to the Planning

2118
02:31:56,760 --> 02:32:02,320
 and Zoning Commission within 30 days of city council approval of an SUP with that alternative

2119
02:32:02,320 --> 02:32:08,320
 development plan to go ahead and get that process completed for those proposed deviations.

2120
02:32:08,320 --> 02:32:10,960
 And the applicant is here, and I'll stand for any questions.

2121
02:32:10,960 --> 02:32:12,680
 We do have a couple.

2122
02:32:12,680 --> 02:32:13,680
 Commissioner Ellis?

2123
02:32:13,680 --> 02:32:14,680
 Thank you, Chair.

2124
02:32:14,680 --> 02:32:17,680
 I'll go back one slide of your recommendation.

2125
02:32:17,680 --> 02:32:23,040
 Go to the next one.

2126
02:32:23,040 --> 02:32:29,480
 It's the one where it talks about units.

2127
02:32:29,480 --> 02:32:30,480
 Perhaps it's the one before.

2128
02:32:30,480 --> 02:32:31,480
 The 202.

2129
02:32:31,480 --> 02:32:32,480
 Right.

2130
02:32:32,480 --> 02:32:35,760
 So there's a typo there that needs to be addressed.

2131
02:32:35,760 --> 02:32:36,840
 Recommendation 2 doesn't make sense there.

2132
02:32:36,840 --> 02:32:40,280
 I do believe it's 288, but it says 214.

2133
02:32:40,280 --> 02:32:41,280
 Oh.

2134
02:32:41,280 --> 02:32:42,280
 Oh, you're right.

2135
02:32:42,280 --> 02:32:45,280
 Thank you.

2136
02:32:45,280 --> 02:32:49,360
 I'll make sure to correct that.

2137
02:32:49,360 --> 02:32:50,360
 Commissioner Becht?

2138
02:32:50,360 --> 02:32:51,360
 Thank you, Chair.

2139
02:32:51,360 --> 02:32:52,360
 Thanks, Julie.

2140
02:32:52,360 --> 02:32:56,240
 I just caught something that piqued my interest there.

2141
02:32:56,240 --> 02:33:01,560
 You may not notice that you're not part of the ISD, but I noticed the elementary schools

2142
02:33:01,560 --> 02:33:04,280
 available would be Hodge and Rivera.

2143
02:33:04,280 --> 02:33:08,040
 Does that mean, or do you know, does that mean the kids in that area, families in that

2144
02:33:08,040 --> 02:33:11,040
 area will have a choice between the two?

2145
02:33:11,040 --> 02:33:13,840
 I don't think so.

2146
02:33:13,840 --> 02:33:18,800
 When I look at their attendance boundary, I believe I'm quoting this correctly, but

2147
02:33:18,800 --> 02:33:24,520
 their attendance boundary kind of cuts across the subject property so that kids within a

2148
02:33:24,520 --> 02:33:30,000
 certain part of the development would go to one, but I don't really know how that works

2149
02:33:30,000 --> 02:33:31,000
 out with Denton ISD.

2150
02:33:31,000 --> 02:33:32,000
 It's okay.

2151
02:33:32,000 --> 02:33:33,000
 Thank you, though.

2152
02:33:33,000 --> 02:33:35,240
 I don't see any other questions.

2153
02:33:35,240 --> 02:33:36,240
 Thanks, Julie.

2154
02:33:36,240 --> 02:33:37,520
 This is a public hearing.

2155
02:33:37,520 --> 02:33:39,420
 We do have some individuals wanting to speak.

2156
02:33:39,420 --> 02:33:42,280
 If you do want to speak, we just ask you to fill out a card.

2157
02:33:42,280 --> 02:33:44,680
 The first individual is Amy Passett.

2158
02:33:44,680 --> 02:33:47,680
 Good evening, commissioners.

2159
02:33:47,680 --> 02:33:54,640
 I do represent the developer tonight as the applicant, and I have a brief presentation

2160
02:33:54,640 --> 02:34:02,720
 for you.

2161
02:34:02,720 --> 02:34:07,880
 I want to start a little bit by giving you some of the zoning history, just so you can

2162
02:34:07,880 --> 02:34:12,320
 hear the vision behind the intent of the development as a whole.

2163
02:34:12,320 --> 02:34:15,760
 As Julie mentioned, this property was rezoned in 2017.

2164
02:34:15,760 --> 02:34:21,680
 It was actually rezoned as ten tracks under unified control that are all still owned by

2165
02:34:21,680 --> 02:34:24,520
 the same property owner today.

2166
02:34:24,520 --> 02:34:28,720
 It was rezoned to CMG with the intent to be a regional hub for commerce and community

2167
02:34:28,720 --> 02:34:35,720
 services and to feature a live/work/play environment, which this multifamily component is certainly

2168
02:34:35,720 --> 02:34:37,400
 a part of that.

2169
02:34:37,400 --> 02:34:42,100
 The long-term plan is to bring in grocery and retail and restaurants and offices along

2170
02:34:42,100 --> 02:34:48,880
 the corridors, but as we all know, rooftops tend to come first and then attract the commercial

2171
02:34:48,880 --> 02:34:49,880
 uses after that.

2172
02:34:49,880 --> 02:34:57,000
 So the SUP is because the multifamily is coming in first, which is a logical progression from

2173
02:34:57,000 --> 02:34:59,840
 an economic standpoint.

2174
02:34:59,840 --> 02:35:04,240
 I also want to give you a little bit of the project history, specifically because Commissioner

2175
02:35:04,240 --> 02:35:10,640
 Beck asked about us coming in under the 2002 code versus the 2019 code.

2176
02:35:10,640 --> 02:35:16,360
 And we actually filed our preliminary plat application in April of 2018 and our traffic

2177
02:35:16,360 --> 02:35:19,520
 impact analysis in July of 2018.

2178
02:35:19,520 --> 02:35:26,120
 The SUP and ADP applications were filed simultaneously in January of this year, so all of those came

2179
02:35:26,120 --> 02:35:28,840
 in prior to the adoption of the new code.

2180
02:35:28,840 --> 02:35:32,820
 So I will show you our tree mitigation and preservation numbers in a little more detail

2181
02:35:32,820 --> 02:35:36,960
 since you asked that question, Commissioner Beck, but we didn't necessarily choose to

2182
02:35:36,960 --> 02:35:38,260
 come in under the old code.

2183
02:35:38,260 --> 02:35:41,000
 It was just the timing of the development.

2184
02:35:41,000 --> 02:35:44,540
 And just so you are aware, you will see this project multiple times.

2185
02:35:44,540 --> 02:35:47,280
 You approved the preliminary plat tonight.

2186
02:35:47,280 --> 02:35:53,360
 We will have the ADP coming back next month if tonight goes well, and we've got the final

2187
02:35:53,360 --> 02:35:54,960
 plat coming in shortly after that.

2188
02:35:54,960 --> 02:36:00,180
 In fact, our building plans are already in review with the city as well.

2189
02:36:00,180 --> 02:36:04,280
 I do want to point out the preferred growth concept for the City of Denton.

2190
02:36:04,280 --> 02:36:11,280
 You'll notice that there is a place making and urban vitality center that's centered

2191
02:36:11,280 --> 02:36:14,560
 right around the corridor that we are looking at today.

2192
02:36:14,560 --> 02:36:20,080
 So it is intended in the comp plan to be the highest degree of density and the highest

2193
02:36:20,080 --> 02:36:27,800
 degree of mixed use, and it is adjacent to two primary arterials and a secondary arterial.

2194
02:36:27,800 --> 02:36:32,780
 The project details, Julie went through, but I do want to point out a couple more specifics.

2195
02:36:32,780 --> 02:36:37,800
 There are 288 units, you're correct, Commissioner Ellis, in 12 buildings.

2196
02:36:37,800 --> 02:36:41,200
 It's split evenly between one bedroom and two bedroom units.

2197
02:36:41,200 --> 02:36:43,720
 The average density is 18.6.

2198
02:36:43,720 --> 02:36:53,500
 We do meet the parking requirement at 515, and there are four color schemes that help

2199
02:36:53,500 --> 02:36:59,080
 break up the look a little bit, but also provide some uniformity, so I'll just quickly scroll

2200
02:36:59,080 --> 02:37:03,800
 through those since Julie did show them to you.

2201
02:37:03,800 --> 02:37:09,600
 She also did mention that we are well within lot coverage, the maximum lot coverage being

2202
02:37:09,600 --> 02:37:10,600
 80%.

2203
02:37:10,600 --> 02:37:15,440
 We're well below that, and we're above on landscape area, and we're proposing just a

2204
02:37:15,440 --> 02:37:22,320
 little over 44% new tree canopy coverage when the requirement is 30%.

2205
02:37:22,320 --> 02:37:25,480
 Commissioner Beck, you asked specifically about tree preservation.

2206
02:37:25,480 --> 02:37:31,480
 The majority of the trees on site are being classified as a quality tree stand because

2207
02:37:31,480 --> 02:37:38,940
 they do have one contiguous strip line, which means that we are required to preserve 25%

2208
02:37:38,940 --> 02:37:47,160
 of that, but can mitigate up to -- down to 12.5%, and we're at 17% now, and we have literally

2209
02:37:47,160 --> 02:37:54,500
 gone through our tree preservation plan, individual tree by tree, to save everyone possible even

2210
02:37:54,500 --> 02:38:01,200
 inside the construction envelope in order to meet and exceed these requirements.

2211
02:38:01,200 --> 02:38:05,920
 I do want to let you know that we have quite a few team members here tonight representing

2212
02:38:05,920 --> 02:38:12,240
 the lender, the developer, the buyer, the investor, the broker, and so any question

2213
02:38:12,240 --> 02:38:16,720
 you may have about the project, I've got somebody here that would be more than happy to answer

2214
02:38:16,720 --> 02:38:21,440
 that question if I'm not able to, and with that, I'll be happy to take any questions.

2215
02:38:21,440 --> 02:38:23,840
 Thank you, Amy.

2216
02:38:23,840 --> 02:38:26,560
 I think Commissioner Beck has a question.

2217
02:38:26,560 --> 02:38:29,840
 Couldn't get my screen back up in time.

2218
02:38:29,840 --> 02:38:31,600
 Thank you, Amy, for your presentation.

2219
02:38:31,600 --> 02:38:33,720
 Just a couple of questions.

2220
02:38:33,720 --> 02:38:41,920
 I'm always interested to want to see multifamilies come up, and this is a good area where addressing

2221
02:38:41,920 --> 02:38:51,440
 low income families, are there going to be any units set aside priced to accommodate

2222
02:38:51,440 --> 02:38:52,440
 low income families?

2223
02:38:52,440 --> 02:38:53,440
 Has that been a consideration?

2224
02:38:53,440 --> 02:38:56,400
 I'm going to let the developer answer that question specifically.

2225
02:38:56,400 --> 02:39:01,960
 I do know they are market apartments, but I don't really know specifics about what the

2226
02:39:01,960 --> 02:39:02,960
 rental rates will be.

2227
02:39:02,960 --> 02:39:03,960
 Okay.

2228
02:39:03,960 --> 02:39:08,760
 I'll give him an opportunity to answer that, and he can answer the other one, too, because

2229
02:39:08,760 --> 02:39:13,360
 we talked about the race is on, whether you're going to start before the McKinney's expanded

2230
02:39:13,360 --> 02:39:16,640
 or vice versa, so I was just curious if that was --

2231
02:39:16,640 --> 02:39:22,580
 I can tell you a little bit about that, so our intent is to have building permits before

2232
02:39:22,580 --> 02:39:27,240
 the end of August, so it's aggressive, which is why we have all of our plans in review

2233
02:39:27,240 --> 02:39:28,240
 today.

2234
02:39:28,240 --> 02:39:29,240
 Okay.

2235
02:39:29,240 --> 02:39:34,200
 So I do expect that it would come along quickly, and I also understand that if we beat the

2236
02:39:34,200 --> 02:39:39,120
 McKinney expansion, we may be required to add sidewalks or do some things within our

2237
02:39:39,120 --> 02:39:43,920
 property that tech stock may come along and --

2238
02:39:43,920 --> 02:39:44,920
 Okay.

2239
02:39:44,920 --> 02:39:45,920
 -- would do later.

2240
02:39:45,920 --> 02:39:47,360
 It just depends on the timing.

2241
02:39:47,360 --> 02:39:48,360
 Okay.

2242
02:39:48,360 --> 02:39:52,160
 Conceivably, if weather allows stuff like that, you might be breaking ground this year?

2243
02:39:52,160 --> 02:39:54,760
 I'll let the developer answer that question.

2244
02:39:54,760 --> 02:39:55,760
 Okay.

2245
02:39:55,760 --> 02:39:56,760
 Thank you.

2246
02:39:56,760 --> 02:39:57,760
 Mr. Smith.

2247
02:39:57,760 --> 02:39:58,760
 Thank you, Chair.

2248
02:39:58,760 --> 02:40:00,800
 Amy, I actually have a question for you.

2249
02:40:00,800 --> 02:40:04,440
 I have a question for Julie in regards to you beating out the McKinney project.

2250
02:40:04,440 --> 02:40:09,600
 Julie, if I can ask you a quick question.

2251
02:40:09,600 --> 02:40:13,840
 When I asked in the work session about sidewalks, if they do beat out the McKinney project,

2252
02:40:13,840 --> 02:40:19,400
 is it -- they have to do improvements, including sidewalks, along their entire stretch of their

2253
02:40:19,400 --> 02:40:20,400
 property?

2254
02:40:20,400 --> 02:40:23,200
 You mentioned something along the lines of, like, the short stretch right in front of

2255
02:40:23,200 --> 02:40:25,760
 their entrance, so I can know --

2256
02:40:25,760 --> 02:40:29,880
 Just along the portion of their property that touches McKinney, which is that sort of tail

2257
02:40:29,880 --> 02:40:30,880
 of it.

2258
02:40:30,880 --> 02:40:37,760
 Do you have a -- to me, I think Ms. Bissett might have her -- her project -- I might be

2259
02:40:37,760 --> 02:40:38,760
 able to see it from there.

2260
02:40:38,760 --> 02:40:40,040
 So it's a very, very tiny amount.

2261
02:40:40,040 --> 02:40:41,040
 It's --

2262
02:40:41,040 --> 02:40:42,040
 Yes, sir.

2263
02:40:42,040 --> 02:40:43,040
 Just the entrance.

2264
02:40:43,040 --> 02:40:44,040
 Okay.

2265
02:40:44,040 --> 02:40:45,040
 Thank you.

2266
02:40:45,040 --> 02:40:46,040
 Sure.

2267
02:40:46,040 --> 02:40:47,040
 This is a public hearing.

2268
02:40:47,040 --> 02:40:48,040
 Anyone wishing to speak?

2269
02:40:48,040 --> 02:40:49,040
 I certainly do so.

2270
02:40:49,040 --> 02:40:50,320
 We have a couple more cards.

2271
02:40:50,320 --> 02:40:53,440
 The next individual is Greg Johnson, followed by Nathan Toon.

2272
02:40:53,440 --> 02:40:58,640
 Did you just state your name and address for the record?

2273
02:40:58,640 --> 02:40:59,640
 I think you know the drill.

2274
02:40:59,640 --> 02:41:00,640
 Thank you, sir.

2275
02:41:00,640 --> 02:41:01,840
 Thank you, Mr. Chairman, commissioners.

2276
02:41:01,840 --> 02:41:02,840
 Thank you for your service.

2277
02:41:02,840 --> 02:41:06,960
 My name is Greg Johnson, 319 West Oak Street here in Denton.

2278
02:41:06,960 --> 02:41:10,680
 I'm representing the seller who's selling the land on the property.

2279
02:41:10,680 --> 02:41:15,080
 I just wanted to offer up a couple of comments as it relates to this whole project.

2280
02:41:15,080 --> 02:41:23,640
 So Mr. Strange and his partners have assembled roughly 75 acres from Luke 288 to May Hill,

2281
02:41:23,640 --> 02:41:28,520
 McKinney on the bottom side, and we desperately -- the east side of Denton desperately deserves

2282
02:41:28,520 --> 02:41:34,320
 a great mixed-use project, and this is the spot to do it.

2283
02:41:34,320 --> 02:41:37,920
 You might have seen, because I'm sure you all drive around looking for my signs, you

2284
02:41:37,920 --> 02:41:41,520
 know, every day, but you may notice that the commercial signs just went up, and that was

2285
02:41:41,520 --> 02:41:42,520
 by design.

2286
02:41:42,520 --> 02:41:49,000
 So we wanted to let May Hill get almost completed, and hopefully McKinney Street -- we really

2287
02:41:49,000 --> 02:41:54,280
 won't sell anything likely along McKinney Street until that's completed, but we've just

2288
02:41:54,280 --> 02:41:57,160
 started marketing the commercial tracks.

2289
02:41:57,160 --> 02:42:02,640
 We have very, very strong interest from several national credit retail tenants on the loop

2290
02:42:02,640 --> 02:42:04,000
 side.

2291
02:42:04,000 --> 02:42:09,040
 That's where we think the bulk of your major, more national retail will go, but what attracts

2292
02:42:09,040 --> 02:42:14,400
 those folks to the mixed-use obviously is, Amy said, rooftops, but in the mixed-use developments,

2293
02:42:14,400 --> 02:42:19,760
 specifically having those residences already under construction so that we can show the

2294
02:42:19,760 --> 02:42:23,340
 retailer it's really happening, right, this isn't something that may happen if you put

2295
02:42:23,340 --> 02:42:27,080
 your Chick-fil-A or your this or your that there.

2296
02:42:27,080 --> 02:42:32,440
 But I would tell you, this will be, you know, not to overstate it, but this really could

2297
02:42:32,440 --> 02:42:36,960
 change sort of the face of Loop 288 on the east side of town.

2298
02:42:36,960 --> 02:42:41,600
 If you think about it, if you drive that area, with the exception of discount tire, this

2299
02:42:41,600 --> 02:42:45,440
 area has looked the same for a very, very long time, and your theme tonight is going

2300
02:42:45,440 --> 02:42:50,280
 to be great multifamily replaces blight, and that's what you'll see here, the old

2301
02:42:50,280 --> 02:42:51,680
 Foxworth-Galbra site.

2302
02:42:51,680 --> 02:42:59,140
 We sold the corner to 7-Eleven, they're proposing to build a new 7-Eleven concept on the corner,

2303
02:42:59,140 --> 02:43:03,320
 but they're playing defense for the old junkie one across the street, so we're excited about

2304
02:43:03,320 --> 02:43:04,320
 it.

2305
02:43:04,320 --> 02:43:09,720
 I think this is a fantastic use, sandwiched right here in the middle, as Amy said, or

2306
02:43:09,720 --> 02:43:14,840
 Julie said, the whole of the doughnut, not completely hidden by the commercial, but it'll

2307
02:43:14,840 --> 02:43:19,200
 be tucked back in there with the commercial on it, so I'd really appreciate your support.

2308
02:43:19,200 --> 02:43:20,200
 Thank you.

2309
02:43:20,200 --> 02:43:22,440
 I don't see any questions.

2310
02:43:22,440 --> 02:43:23,440
 Next is Nathan Toon.

2311
02:43:23,440 --> 02:43:28,640
 Maybe you just state your name and address for the record.

2312
02:43:28,640 --> 02:43:33,580
 Nathan Toon, 3717 Merrimack Drive, Denton, Texas.

2313
02:43:33,580 --> 02:43:35,880
 I'm in support of this project.

2314
02:43:35,880 --> 02:43:40,080
 I thought Julie and staff did a fantastic job with the presentation.

2315
02:43:40,080 --> 02:43:46,720
 There's clearly a need for this type of product here in town, and specifically in this general

2316
02:43:46,720 --> 02:43:54,760
 area, the city has made significant investments in thoroughfares and roadways, and is planning

2317
02:43:54,760 --> 02:44:01,520
 to make further investments in this area, as well as TechStot, and so I think that the

2318
02:44:01,520 --> 02:44:08,400
 density and the rooftops and the people living in this area will do wonders for, like the

2319
02:44:08,400 --> 02:44:14,640
 previous gentleman said, the future commercial development, and so those are some of the

2320
02:44:14,640 --> 02:44:18,240
 main reasons why I support the project and would ask for your support, as well.

2321
02:44:18,240 --> 02:44:19,240
 Thank you.

2322
02:44:19,240 --> 02:44:20,240
 Thank you.

2323
02:44:20,240 --> 02:44:23,240
 There's no other cards to speak.

2324
02:44:23,240 --> 02:44:25,600
 We have several names to read into the record.

2325
02:44:25,600 --> 02:44:29,400
 Before I do so, I do have a card that the agenda item was left blank, and I want to

2326
02:44:29,400 --> 02:44:31,920
 make sure I read this to the correct item.

2327
02:44:31,920 --> 02:44:36,040
 Is Brenna Pennington still here?

2328
02:44:36,040 --> 02:44:38,000
 Which agenda item were you wanting to ...

2329
02:44:38,000 --> 02:44:39,000
 Hunters Creek.

2330
02:44:39,000 --> 02:44:40,000
 Hunters Creek?

2331
02:44:40,000 --> 02:44:41,000
 Okay.

2332
02:44:41,000 --> 02:44:42,000
 Thank you.

2333
02:44:42,000 --> 02:44:57,800
 So, with that, I'm going to read the following names into the record, and I apologize in

2334
02:44:57,800 --> 02:45:01,600
 advance for any mispronunciation.

2335
02:45:01,600 --> 02:45:11,920
 Steve Cohn is in support, Fred Morgan in support, Gary Hill in support, J.V. Strange in support,

2336
02:45:11,920 --> 02:45:17,600
 Stephen Charnquist did not know ... Is he here?

2337
02:45:17,600 --> 02:45:21,480
 Were you in support or ... Okay.

2338
02:45:21,480 --> 02:45:29,920
 Stephen Charnquist is in support, Daniel Crane is in support, Richard Lapp is in support,

2339
02:45:29,920 --> 02:45:37,800
 and J. Mike Reynolds, or Mikel Reynolds, is in support.

2340
02:45:37,800 --> 02:45:39,880
 Those are all the cards that have ... This is a public hearing.

2341
02:45:39,880 --> 02:45:42,120
 Anyone wishing to speak may certainly do so.

2342
02:45:42,120 --> 02:45:48,520
 Seeing none, at this time, I will close the public hearing and turn to the dais for discussion

2343
02:45:48,520 --> 02:45:49,520
 and motion.

2344
02:45:49,520 --> 02:45:50,520
 Commissioner Smith.

2345
02:45:50,520 --> 02:45:53,800
 Motion for approval of S19-0002.

2346
02:45:53,800 --> 02:45:55,560
 We have a motion for approval.

2347
02:45:55,560 --> 02:45:56,560
 Commissioner Ellis.

2348
02:45:56,560 --> 02:45:57,560
 Second.

2349
02:45:57,560 --> 02:45:59,560
 We have a first and a second for approval.

2350
02:45:59,560 --> 02:46:00,560
 Commissioner Beck.

2351
02:46:00,560 --> 02:46:01,560
 Thank you, Chair.

2352
02:46:01,560 --> 02:46:05,240
 I was just hoping we'd get the developer up here to ask the questions I asked.

2353
02:46:05,240 --> 02:46:07,360
 Amy, is the developer here?

2354
02:46:07,360 --> 02:46:08,360
 Okay.

2355
02:46:08,360 --> 02:46:13,000
 If you don't mind, sir, please state your name and address.

2356
02:46:13,000 --> 02:46:14,000
 Sure.

2357
02:46:14,000 --> 02:46:17,640
 My name is Stephen Charnquist, 5799 Oliver Drive.

2358
02:46:17,640 --> 02:46:18,640
 Stephen Charnquist?

2359
02:46:18,640 --> 02:46:19,640
 Charnquist.

2360
02:46:19,640 --> 02:46:22,640
 C-H-A-R-N-Q-U-I-S-T.

2361
02:46:22,640 --> 02:46:28,040
 The address is 5799 Oliver Drive, Houston, Texas, 77057.

2362
02:46:28,040 --> 02:46:30,520
 Do you want me to repeat my concerns?

2363
02:46:30,520 --> 02:46:31,520
 No.

2364
02:46:31,520 --> 02:46:34,400
 If I understand, if I get it wrong, tell me.

2365
02:46:34,400 --> 02:46:37,640
 First, thank you all for tonight, give us an opportunity.

2366
02:46:37,640 --> 02:46:40,760
 We think this is a great project.

2367
02:46:40,760 --> 02:46:44,680
 Your first question, I believe, had to do with whether or not we're going to have any

2368
02:46:44,680 --> 02:46:45,680
 low income housing.

2369
02:46:45,680 --> 02:46:46,680
 It is not.

2370
02:46:46,680 --> 02:46:48,680
 It is a market rate project.

2371
02:46:48,680 --> 02:46:49,680
 Okay.

2372
02:46:49,680 --> 02:46:50,680
 I had to ask.

2373
02:46:50,680 --> 02:46:51,680
 I'm sorry?

2374
02:46:51,680 --> 02:46:52,680
 I had to ask.

2375
02:46:52,680 --> 02:46:53,680
 Yes.

2376
02:46:53,680 --> 02:46:54,680
 I understand.

2377
02:46:54,680 --> 02:46:55,680
 Yes.

2378
02:46:55,680 --> 02:46:56,680
 It's market rate.

2379
02:46:56,680 --> 02:46:59,600
 And breaking ground this year, right?

2380
02:46:59,600 --> 02:47:01,200
 We will break ground this year.

2381
02:47:01,200 --> 02:47:02,200
 Okay.

2382
02:47:02,200 --> 02:47:03,200
 Very good.

2383
02:47:03,200 --> 02:47:08,480
 We are pushing every lever we can.

2384
02:47:08,480 --> 02:47:11,200
 We really need to get this thing done by the end of August.

2385
02:47:11,200 --> 02:47:12,200
 Looking forward to it.

2386
02:47:12,200 --> 02:47:13,200
 Thank you, sir.

2387
02:47:13,200 --> 02:47:14,200
 Great.

2388
02:47:14,200 --> 02:47:15,200
 Thank you.

2389
02:47:15,200 --> 02:47:18,200
 Thank you very much.

2390
02:47:18,200 --> 02:47:23,400
 Commissioner Smith, just for the record, were you -- was your motion including staff recommendations

2391
02:47:23,400 --> 02:47:24,400
 and conditions?

2392
02:47:24,400 --> 02:47:25,400
 Yes, it was.

2393
02:47:25,400 --> 02:47:27,960
 And Commissioner Ellis, are you okay seconding that?

2394
02:47:27,960 --> 02:47:28,960
 Yes, I am.

2395
02:47:28,960 --> 02:47:29,960
 Okay.

2396
02:47:29,960 --> 02:47:30,960
 Perfect.

2397
02:47:30,960 --> 02:47:33,320
 Thank you very much for your comments and conditions by staff recommendation.

2398
02:47:33,320 --> 02:47:35,640
 Is there any other discussion on the item?

2399
02:47:35,640 --> 02:47:44,200
 Seeing none, I call for a vote on the board.

2400
02:47:44,200 --> 02:47:46,240
 Motion carries 6-0.

2401
02:47:46,240 --> 02:47:47,240
 Congratulations.

2402
02:47:47,240 --> 02:47:52,680
 Next item of business is item 4EZ18-0011F.

2403
02:47:52,680 --> 02:48:01,880
 I'll open the public hearing and invite Julie Wyatt for presentation.

2404
02:48:01,880 --> 02:48:05,680
 All right.

2405
02:48:05,680 --> 02:48:10,960
 This is Z18-11, Agave Ranch.

2406
02:48:10,960 --> 02:48:14,120
 Because you have seen this before, I thought I'd start out with the timeline.

2407
02:48:14,120 --> 02:48:20,600
 In January -- on January 9th of this year, you -- or this item came before you to rezone

2408
02:48:20,600 --> 02:48:25,240
 the subject property to NR4 across the entire 92 acres.

2409
02:48:25,240 --> 02:48:29,040
 At that time, the Planning and Zoning Commission recommended denial of the request.

2410
02:48:29,040 --> 02:48:33,980
 The applicant did not move forward to City Council, but instead went back to modify the

2411
02:48:33,980 --> 02:48:41,160
 project to reduce the NR4 to a portion of the site.

2412
02:48:41,160 --> 02:48:46,480
 They're also proposing NR3 and NR2, and that request came before the Planning and Zoning

2413
02:48:46,480 --> 02:48:48,240
 Commission in May.

2414
02:48:48,240 --> 02:48:54,000
 At that time, the Planning and Zoning Commission asked the applicant to go back and reduce

2415
02:48:54,000 --> 02:48:59,460
 those densities and voted to postpone the property -- I'm sorry, the project.

2416
02:48:59,460 --> 02:49:09,080
 So the applicant went back, changed the densities, and now we're back here tonight to -- for

2417
02:49:09,080 --> 02:49:10,920
 your consideration.

2418
02:49:10,920 --> 02:49:16,760
 So tonight's request is for an initial zoning and a change of zoning from Rural Residential

2419
02:49:16,760 --> 02:49:23,320
 5 District to Neighborhood Residential 3 on 45 1/2 acres and Neighborhood Residential

2420
02:49:23,320 --> 02:49:28,960
 2 on 46 1/2 acres, totaling about -- approximately 92.6 acres of land.

2421
02:49:28,960 --> 02:49:34,440
 The subject property is outlined in yellow, and it is on the east side of FM428 north

2422
02:49:34,440 --> 02:49:39,000
 of Loop 288.

2423
02:49:39,000 --> 02:49:44,160
 This is a side-by-side comparison of what the existing zoning is and what they're proposing.

2424
02:49:44,160 --> 02:49:52,560
 The existing zoning has RD5 adjacent to FM428 with RD5X, essentially unzoned property to

2425
02:49:52,560 --> 02:49:56,880
 the east, the balance of the site there in the stripes.

2426
02:49:56,880 --> 02:50:01,120
 They're proposing a zoning pattern that you see in here.

2427
02:50:01,120 --> 02:50:09,140
 You've got the yellow that is the NR2, and then they're proposing NR3 along FM428.

2428
02:50:09,140 --> 02:50:15,800
 Your backup has a use and density comparison, essentially NR3 permits about 3 1/2 dwelling

2429
02:50:15,800 --> 02:50:16,800
 units per acre.

2430
02:50:16,800 --> 02:50:20,800
 NR2 permits about 12 -- two dwelling units per acre.

2431
02:50:20,800 --> 02:50:26,960
 If this was approved, they could develop a maximum of 252 dwellings.

2432
02:50:26,960 --> 02:50:32,080
 Current zoning is one of our more rural zoning designations, and the minimum lot size would

2433
02:50:32,080 --> 02:50:34,320
 be 5 acres.

2434
02:50:34,320 --> 02:50:38,880
 So the criteria for approval is in step chapter 3 of the Debt and Development Code, and the

2435
02:50:38,880 --> 02:50:44,600
 first thing is does it conform to the future land use element of Debt and Plan 2030?

2436
02:50:44,600 --> 02:50:50,160
 The subject property is in a designated rural areas per the future land use map, and the

2437
02:50:50,160 --> 02:50:55,080
 intent of that is to maintain the rural character along the city's edge, but the proposed zoning

2438
02:50:55,080 --> 02:50:59,360
 designations do not meet the future land use designation.

2439
02:50:59,360 --> 02:51:03,240
 So then we go to a different criteria for approval, still in step chapter 3 of the Debt

2440
02:51:03,240 --> 02:51:06,200
 and Development Code, and we'll kind of talk through those.

2441
02:51:06,200 --> 02:51:10,680
 Category 1 and 2, does it conform to the existing land uses and zoning, and what would be the

2442
02:51:10,680 --> 02:51:13,600
 impact to future development?

2443
02:51:13,600 --> 02:51:19,760
 Staff has seen with continued projects that have come before us that development is pushing

2444
02:51:19,760 --> 02:51:26,760
 to the north, particularly on the arterials like Locust, I-35, and FM428, and so this

2445
02:51:26,760 --> 02:51:33,680
 is kind of showing a contiguous growth pattern emerging, and so there is a lot of potential

2446
02:51:33,680 --> 02:51:38,600
 out there, and it is slowly moving north.

2447
02:51:38,600 --> 02:51:45,920
 The subject property is adjacent to a couple of zoning districts across the FM428.

2448
02:51:45,920 --> 02:51:50,080
 There's NR4, so there's adjacency for NR4, which is actually more dense than what the

2449
02:51:50,080 --> 02:51:55,480
 proposed NR3 permits, and then there's also NR2 to the north of there.

2450
02:51:55,480 --> 02:52:01,600
 The proposal could also create a transition area, a buffer, between any rural uses to

2451
02:52:01,600 --> 02:52:06,720
 the east and the high traffic areas along FM428.

2452
02:52:06,720 --> 02:52:11,720
 The applicant did provide trip generation numbers actually on 310 properties, so it's

2453
02:52:11,720 --> 02:52:14,120
 actually greater than what they're proposing.

2454
02:52:14,120 --> 02:52:20,000
 That 310 homes would create about 2,900 trips per day.

2455
02:52:20,000 --> 02:52:26,360
 The city also undertook a transportation study for the northeast sector of town.

2456
02:52:26,360 --> 02:52:31,800
 As you're probably aware, FM428 is really that central spine that all trips go through,

2457
02:52:31,800 --> 02:52:38,040
 both who live here and then also travel to the city, and so we wanted to see and understand

2458
02:52:38,040 --> 02:52:45,060
 how this area is going to develop out in the future.

2459
02:52:45,060 --> 02:52:50,520
 And then capital improvements, there is a dedicated right-turn lane and a signal proposed

2460
02:52:50,520 --> 02:52:57,320
 for Loop 288 and FM428, and those are scheduled for installation by the end of this year.

2461
02:52:57,320 --> 02:53:00,280
 So here are the results of that transportation study.

2462
02:53:00,280 --> 02:53:02,440
 This map shows the outer loop to the north.

2463
02:53:02,440 --> 02:53:05,720
 You can see it's kind of faint.

2464
02:53:05,720 --> 02:53:11,960
 And it also really shows more east-west connections to really disperse more of that traffic throughout

2465
02:53:11,960 --> 02:53:17,840
 the area instead of just staying on one central spine.

2466
02:53:17,840 --> 02:53:20,520
 The subject property is here in red.

2467
02:53:20,520 --> 02:53:25,880
 Hartley Field, as this is proposed, would straighten out, cut through the subject property,

2468
02:53:25,880 --> 02:53:31,120
 and then head west, actually connecting to Locust and providing additional connections

2469
02:53:31,120 --> 02:53:32,960
 to the west.

2470
02:53:32,960 --> 02:53:37,000
 There is water and sewer available to the property.

2471
02:53:37,000 --> 02:53:45,080
 And there is adequate school capacity for students generated by the proposal.

2472
02:53:45,080 --> 02:53:50,960
 And there is a fire station within 1.2 miles from the subject property.

2473
02:53:50,960 --> 02:53:54,900
 Impact fees would be paid as a result of any development.

2474
02:53:54,900 --> 02:53:59,920
 As they're proposing, the estimated roadway impact fee would be about $500,000, which

2475
02:53:59,920 --> 02:54:03,000
 comes to about $2,000 per dwelling unit.

2476
02:54:03,000 --> 02:54:10,480
 And then parks also requires a dedication fee as well as a development fee.

2477
02:54:10,480 --> 02:54:15,440
 The dedication fee is based on a formula, and the estimated park dedication for the

2478
02:54:15,440 --> 02:54:17,280
 property would be 1.7 acres.

2479
02:54:17,280 --> 02:54:23,040
 The park development fee would be about $291 per single-family dwelling.

2480
02:54:23,040 --> 02:54:28,360
 We also did a property tax analysis based upon the current taxable value of the land

2481
02:54:28,360 --> 02:54:29,560
 as it is.

2482
02:54:29,560 --> 02:54:32,520
 Part of it does have an agricultural exemption on it.

2483
02:54:32,520 --> 02:54:39,640
 And then what the estimated taxes would be at buildout if the houses that they are proposing

2484
02:54:39,640 --> 02:54:42,420
 were valued at about $370,000.

2485
02:54:42,420 --> 02:54:54,360
 And that comes to an estimated city taxes with improvements of about $578,000 per year.

2486
02:54:54,360 --> 02:54:58,600
 We also want to consider the character of the area and the land uses.

2487
02:54:58,600 --> 02:55:00,920
 And this is a rural area.

2488
02:55:00,920 --> 02:55:06,120
 But with that existing growth around it, we do anticipate stage development along these

2489
02:55:06,120 --> 02:55:07,120
 arterials.

2490
02:55:07,120 --> 02:55:15,400
 But some uses in NR 3 and NR 2 would be inappropriate, more townhome uses, and manufactured housing.

2491
02:55:15,400 --> 02:55:21,080
 So we're recommending a condition that only single-family uses would be permitted.

2492
02:55:21,080 --> 02:55:26,320
 We also looked at the mobility and open space.

2493
02:55:26,320 --> 02:55:32,520
 Since this area is known for especially ranching and horses, the design standard should complement

2494
02:55:32,520 --> 02:55:33,520
 that character.

2495
02:55:33,520 --> 02:55:39,560
 And that's why we're proposing as a condition of approval that they would be required to

2496
02:55:39,560 --> 02:55:45,000
 construct an off-street multi-use path, essentially a trail off the street, however they wanted

2497
02:55:45,000 --> 02:55:46,000
 to design that.

2498
02:55:46,000 --> 02:55:53,880
 But we wanted to make sure that every home in the development would be a maximum of 1,300

2499
02:55:53,880 --> 02:55:58,560
 feet from a trail head so that those residents could access it.

2500
02:55:58,560 --> 02:56:03,500
 And then we also request two remote connections to adjacent properties to make sure that trail

2501
02:56:03,500 --> 02:56:07,720
 would be extended in the future.

2502
02:56:07,720 --> 02:56:15,460
 Also looking at buffers, FM428 is a high capacity, higher speed road now, and it will only increase

2503
02:56:15,460 --> 02:56:17,880
 in size with text dot plans.

2504
02:56:17,880 --> 02:56:21,600
 And so therefore, it's important that there are buffers at arterials.

2505
02:56:21,600 --> 02:56:28,040
 Not only for the residents out there to minimize the visual impacts of rooftops, but also for

2506
02:56:28,040 --> 02:56:31,280
 the future residents of any residential development.

2507
02:56:31,280 --> 02:56:36,000
 And so that's why we're recommending that 30 foot landscape buffer with trees, landscaping,

2508
02:56:36,000 --> 02:56:38,720
 berms, as well as fencing.

2509
02:56:38,720 --> 02:56:40,160
 Public notification was sent out.

2510
02:56:40,160 --> 02:56:41,520
 We sent a lot of them out.

2511
02:56:41,520 --> 02:56:46,600
 And so in your backup, you received all of the response letters that we have received

2512
02:56:46,600 --> 02:56:48,720
 thus far with this project.

2513
02:56:48,720 --> 02:56:56,400
 We didn't receive any letters for this specific request in that boundary around the property

2514
02:56:56,400 --> 02:56:59,040
 adjacent to FM428.

2515
02:56:59,040 --> 02:57:01,320
 They did also hold neighborhood meetings.

2516
02:57:01,320 --> 02:57:08,320
 But I wanted to show you also where all of those opposition and in favor letters have

2517
02:57:08,320 --> 02:57:09,320
 come from.

2518
02:57:09,320 --> 02:57:14,200
 I know you've seen this slide before, but wanted to once again point it out to you.

2519
02:57:14,200 --> 02:57:21,360
 So staff does recommend approval of this request, as it does meet the overall vision and goals

2520
02:57:21,360 --> 02:57:23,880
 of Debt and Plan 2030.

2521
02:57:23,880 --> 02:57:29,200
 But we do recommend the following conditions to ensure compatibility, one, to restrict

2522
02:57:29,200 --> 02:57:35,560
 those uses back to single family, to require that off-street multi-use path with the 1,300

2523
02:57:35,560 --> 02:57:44,200
 feet with access point and the remote connections, and then the 30 foot landscape buffer on FM428.

2524
02:57:44,200 --> 02:57:48,000
 The applicant is here, and I will stand for any questions.

2525
02:57:48,000 --> 02:57:49,000
 Thank you, Julie.

2526
02:57:49,000 --> 02:57:50,880
 I don't see any questions at this time.

2527
02:57:50,880 --> 02:57:52,400
 This is public hearing.

2528
02:57:52,400 --> 02:57:54,380
 We have several cards to go through.

2529
02:57:54,380 --> 02:57:58,440
 But if you're wanting to speak and unfollow the card, you're more than welcome to do so.

2530
02:57:58,440 --> 02:58:00,960
 The applicant is Amy Bassett again, or other.

2531
02:58:00,960 --> 02:58:06,280
 If you could just state your name and address for the record.

2532
02:58:06,280 --> 02:58:12,520
 Jason Feigley with Allison Engineering, 2415 North Elm.

2533
02:58:12,520 --> 02:58:22,960
 And Jason, just to give you a heads up, with the two listed, you have 20 minutes.

2534
02:58:22,960 --> 02:58:23,960
 Yes, I'll try to keep it.

2535
02:58:23,960 --> 02:58:24,960
 I think we made it last time.

2536
02:58:24,960 --> 02:58:25,960
 All right.

2537
02:58:25,960 --> 02:58:26,960
 Let's try it.

2538
02:58:26,960 --> 02:58:29,960
 We'll be a little quicker this time.

2539
02:58:29,960 --> 02:58:39,080
 Again, as a quick overview, original public hearing was back in January.

2540
02:58:39,080 --> 02:58:47,000
 We had a total of four public hearings before that meeting and a few after neighborhood

2541
02:58:47,000 --> 02:58:48,000
 meetings.

2542
02:58:48,000 --> 02:58:53,960
 Our second public hearing was back in May, and at that meeting, we were trying to emphasize

2543
02:58:53,960 --> 02:58:58,760
 alignment with the Denton Plan, the 2030 vision, and we were trying to be responsive to neighborhood

2544
02:58:58,760 --> 02:58:59,760
 interests.

2545
02:58:59,760 --> 02:59:09,800
 And our original plan was for an NR4 development, 368 homes.

2546
02:59:09,800 --> 02:59:16,160
 On May 15th, we reduced it to a transition zoning with NR4, NR3, NR2, reduced the number

2547
02:59:16,160 --> 02:59:18,760
 of homes down to 306.

2548
02:59:18,760 --> 02:59:22,440
 And tonight, we are presenting another modified zoning request, which we're trying to be a

2549
02:59:22,440 --> 02:59:27,720
 little more responsive to commissioner interests that we heard last month by further reducing

2550
02:59:27,720 --> 02:59:32,380
 overall density and then also memorializing open space, pocket parks, and ponds.

2551
02:59:32,380 --> 02:59:37,920
 And that's also in addition to the conditions that Julie mentioned earlier.

2552
02:59:37,920 --> 02:59:42,280
 So our new zoning request is consistent with adjacent zoning, as Julie pointed out earlier.

2553
02:59:42,280 --> 02:59:46,760
 It's a graduated zoning that protects the fringe from increasing density.

2554
02:59:46,760 --> 02:59:52,280
 We are bordering the existing NR4 with a proposed NR3 that runs up along 428 and then wrapping

2555
02:59:52,280 --> 02:59:58,760
 our NR3 with an NR2 on the north, as you saw before back in May, and then down the east

2556
02:59:58,760 --> 03:00:09,320
 side of the property along both, and then down to that southern edge, which is unincorporated.

2557
03:00:09,320 --> 03:00:12,160
 This is consistent with the growth pattern across the outer loop of Denton, which I'll

2558
03:00:12,160 --> 03:00:13,640
 show that in a second.

2559
03:00:13,640 --> 03:00:18,480
 We are less than 1,500 feet away from commercial zoning, the CMG that's down at the corner

2560
03:00:18,480 --> 03:00:28,000
 of 288 and 428, and one of the main things that we did want to focus on here is addressing

2561
03:00:28,000 --> 03:00:35,160
 the commissioner interests and maintain that eastern rural character as you get into the

2562
03:00:35,160 --> 03:00:39,140
 lower density, some of those one acre lots that are east of us and the unincorporated

2563
03:00:39,140 --> 03:00:42,760
 area south of us, really providing a buffer.

2564
03:00:42,760 --> 03:00:46,800
 Before we were focusing on south to north as you moved away from the loop, decreasing

2565
03:00:46,800 --> 03:00:55,720
 density, now we're also focusing on moving away from the major arterial reducing density.

2566
03:00:55,720 --> 03:01:01,080
 This slide we showed last time back in May, these major gateways, the seven major gateways

2567
03:01:01,080 --> 03:01:05,640
 that were identified in the Denton plan, the 2030 plan, and really what this shows is that

2568
03:01:05,640 --> 03:01:11,360
 this development falls within the overall pattern that exists in Denton.

2569
03:01:11,360 --> 03:01:15,640
 As you move away from the center of Denton and the courthouse, you move into the two

2570
03:01:15,640 --> 03:01:21,000
 and a half to four, four and a half mile zone outside of the center of Denton, you see that

2571
03:01:21,000 --> 03:01:24,920
 all around Denton you do have anywhere from NR2 to NR4 zoning.

2572
03:01:24,920 --> 03:01:29,280
 We fit right within that target zone.

2573
03:01:29,280 --> 03:01:35,600
 The gateways, as identified, tend to be anywhere from four and a half out to the seven mile

2574
03:01:35,600 --> 03:01:40,720
 point, along 380, you're almost seven miles out, and that's where the northeastern gateway

2575
03:01:40,720 --> 03:01:50,000
 is off of 428 up at Warshun Road, that is identified as the gateway from 428 into Denton.

2576
03:01:50,000 --> 03:01:57,560
 That's about two and a half miles away from this development.

2577
03:01:57,560 --> 03:02:04,360
 These images are from the 2030 plan as well, and they just show the growth patterns, and

2578
03:02:04,360 --> 03:02:09,480
 it shows where we are there out by the Natatorium.

2579
03:02:09,480 --> 03:02:13,360
 The 2030 plan vision statement anticipate future housing needs as the city's population

2580
03:02:13,360 --> 03:02:14,360
 grows.

2581
03:02:14,360 --> 03:02:22,240
 We've heard that a couple of times tonight, that a variety of housing is needed, and we

2582
03:02:22,240 --> 03:02:27,880
 intend to align our development with this plan, align the development approvals to reflect

2583
03:02:27,880 --> 03:02:31,760
 the changing housing market through a mix of housing, embracing walkability, sustainability,

2584
03:02:31,760 --> 03:02:35,160
 and conservation.

2585
03:02:35,160 --> 03:02:37,960
 Encourage innovative housing development through residential development in rural areas that

2586
03:02:37,960 --> 03:02:43,760
 protects the rural character, again, by allowing this transitional zoning and a cluster type

2587
03:02:43,760 --> 03:02:49,480
 concepts in our development, we hope to meet these goals with compact mixed use and walkable

2588
03:02:49,480 --> 03:02:50,480
 development patterns.

2589
03:02:50,480 --> 03:02:57,060
 Again, we're meeting the city's recommendation, staff's recommendation of that, of the walking

2590
03:02:57,060 --> 03:03:03,520
 distance, all the residents within here will be within walking distance of a park.

2591
03:03:03,520 --> 03:03:07,920
 Area-wide trails, greenways, and green infrastructure, again, the connectivity to the city's plan

2592
03:03:07,920 --> 03:03:12,760
 and mix of housing types to reflect changing demographics and housing preferences.

2593
03:03:12,760 --> 03:03:18,720
 Having some of the lower density NR2 along the north and the east will allow a different

2594
03:03:18,720 --> 03:03:30,040
 home, a different price point than what will be along 428 in the NR3 zoning.

2595
03:03:30,040 --> 03:03:36,800
 These slides we showed last time, I'm trying not to focus on the community amenities tonight.

2596
03:03:36,800 --> 03:03:41,200
 We talked a lot about the home types and the community amenities.

2597
03:03:41,200 --> 03:03:45,400
 All of that's still planned, but one of the interests that the commissioners brought up

2598
03:03:45,400 --> 03:03:52,120
 was really about the zoning, that we're setting zoning for this property and what is to happen

2599
03:03:52,120 --> 03:03:55,680
 with this, what are we permanently doing to this property?

2600
03:03:55,680 --> 03:04:05,160
 That's really why I'm focusing on the density and not so much the other amenities that we

2601
03:04:05,160 --> 03:04:11,680
 still are incorporating and you will see as we hopefully come back with platting in the

2602
03:04:11,680 --> 03:04:12,680
 future.

2603
03:04:12,680 --> 03:04:20,640
 The concept plan currently, and this is a rough concept plan, it is the 92 acres that

2604
03:04:20,640 --> 03:04:26,200
 provides a maximum of 252 lots and overall density of 2.7 units per acre, and that's

2605
03:04:26,200 --> 03:04:33,720
 the two units per acre on the NR2, the northern and eastern sides, and the three and a half

2606
03:04:33,720 --> 03:04:38,560
 up to three and a half units per acre along the NR3.

2607
03:04:38,560 --> 03:04:44,960
 Provides for two distinct neighborhoods and even within that you'll really end up with

2608
03:04:44,960 --> 03:04:48,360
 a neighborhood kind of on the north side of the primary arterial that will divide this

2609
03:04:48,360 --> 03:04:51,600
 development and then a neighborhood on the south side with two different levels of density

2610
03:04:51,600 --> 03:04:53,080
 within those neighborhoods.

2611
03:04:53,080 --> 03:04:58,740
 We have three ponds and nine pocket parks and we feel very confident about memorializing

2612
03:04:58,740 --> 03:05:00,080
 those amenities.

2613
03:05:00,080 --> 03:05:08,160
 We've got three drainage basins here utilizing the existing pond and then providing with

2614
03:05:08,160 --> 03:05:12,840
 two additional ponds, one at that northern gateway which we've discussed in the past

2615
03:05:12,840 --> 03:05:15,920
 and then one along the eastern edge.

2616
03:05:15,920 --> 03:05:21,520
 The pocket parks will be distributed throughout the development and utilizing some of the

2617
03:05:21,520 --> 03:05:29,000
 existing features, again, providing that vicinity closeness to all of the residents so they have

2618
03:05:29,000 --> 03:05:31,280
 amenities that they can walk to.

2619
03:05:31,280 --> 03:05:37,400
 We are memorializing again a minimum of 15% preserved green space and that's on top of

2620
03:05:37,400 --> 03:05:44,400
 the landscape buffers that staff was recommending along 428, the other additional buffers along

2621
03:05:44,400 --> 03:05:49,720
 the arterials, the streetscape that will be out in front of every home, and individual

2622
03:05:49,720 --> 03:05:58,520
 lot coverage which code does have lot coverage requirements for NR2 and NR3 that is significantly

2623
03:05:58,520 --> 03:06:04,680
 greater than what was going to be allowed in the NR4.

2624
03:06:04,680 --> 03:06:09,400
 With these distinctive neighborhoods, again, trying to retain the rural character in open

2625
03:06:09,400 --> 03:06:14,880
 space, trying to implement some clustering concepts as an alternative to the large lot

2626
03:06:14,880 --> 03:06:20,760
 development and that's really in response to what market demand is showing.

2627
03:06:20,760 --> 03:06:26,120
 The new development should be organized for walkability which we are doing, access to

2628
03:06:26,120 --> 03:06:31,160
 parks which we are providing, open space and recreation, and ideally with all residents

2629
03:06:31,160 --> 03:06:35,680
 should be within a 5-10 minute walk from neighborhoods serving retail and amenities.

2630
03:06:35,680 --> 03:06:41,280
 Again, we are located within what will become a pretty significant retail center there at

2631
03:06:41,280 --> 03:06:46,840
 288 and 428.

2632
03:06:46,840 --> 03:06:51,480
 I think Amy will continue with some additional comments.

2633
03:06:51,480 --> 03:06:58,400
 Thank you, commissioners. I'll be brief. I know you guys have seen this several times

2634
03:06:58,400 --> 03:07:04,080
 at this point but you see many cases throughout the month so I just want to make sure that

2635
03:07:04,080 --> 03:07:08,200
 we refresh your memory.

2636
03:07:08,200 --> 03:07:13,240
 What we heard from the neighbors in the four neighborhood meetings that we had was that

2637
03:07:13,240 --> 03:07:18,160
 they were concerned about whether or not we aligned with the Denton Plan which Jason just

2638
03:07:18,160 --> 03:07:23,320
 went through, the ways that we believe that we do, the preservation of rural character,

2639
03:07:23,320 --> 03:07:31,040
 the traffic on 428, the density and concentration of lots, their environmental concerns for

2640
03:07:31,040 --> 03:07:36,240
 the Clear Creek Tributary nearby, respecting the character of the land, specifically the

2641
03:07:36,240 --> 03:07:43,600
 ecoregion, concerns about multifamily in the future and ongoing neighborhood engagement.

2642
03:07:43,600 --> 03:07:49,920
 We are attempting to preserve the rural character through the open space amenities that we're

2643
03:07:49,920 --> 03:07:57,720
 providing with the pond, especially at the north entrance into the community gateway.

2644
03:07:57,720 --> 03:08:04,020
 It creates a rural feel and preserves that feel as well as the 30-foot landscape buffer

2645
03:08:04,020 --> 03:08:08,000
 which I'll show you a little bit better perspective of that.

2646
03:08:08,000 --> 03:08:14,500
 We are proposing to preserve over 14 acres of open space which we are willing to memorialize

2647
03:08:14,500 --> 03:08:19,960
 as a condition or as a part of a zoning approval.

2648
03:08:19,960 --> 03:08:24,560
 Just to talk a little bit about 428, this is kind of a cross-section of what it looks

2649
03:08:24,560 --> 03:08:29,760
 like today with our future development on the left-hand side in green.

2650
03:08:29,760 --> 03:08:35,560
 So you've got two through lanes and two shoulders and then 32 and a half feet of green space

2651
03:08:35,560 --> 03:08:39,860
 or right-of-way that exists today.

2652
03:08:39,860 --> 03:08:48,160
 What will be required of us to provide, if this is approved, is the 428 will be widened

2653
03:08:48,160 --> 03:08:55,320
 across the frontage of our property which is 3,800 feet that will include a center turn

2654
03:08:55,320 --> 03:08:58,840
 lane, two through lanes and two shoulders.

2655
03:08:58,840 --> 03:09:04,220
 But then more importantly is we'll have the 32 and a half feet of right-of-way plus a

2656
03:09:04,220 --> 03:09:07,800
 public utility easement plus a buffer.

2657
03:09:07,800 --> 03:09:09,840
 This illustration shows a 20-foot buffer.

2658
03:09:09,840 --> 03:09:15,280
 Staff is recommending a 30-foot buffer which we are amenable to that condition which puts

2659
03:09:15,280 --> 03:09:22,640
 our development 75 feet from the edge of curb of 428.

2660
03:09:22,640 --> 03:09:26,720
 This is more of an elevation of what that might look like.

2661
03:09:26,720 --> 03:09:32,920
 Again, this is at the 20-foot landscape buffer but it gives you a feel for the distance between

2662
03:09:32,920 --> 03:09:40,900
 the masonry screening wall at the back fence line of the first house to the curb.

2663
03:09:40,900 --> 03:09:44,480
 It would end up being 75 feet.

2664
03:09:44,480 --> 03:09:49,280
 We did hear from the neighbors that they have some environmental concerns specifically about

2665
03:09:49,280 --> 03:09:53,680
 existing plants, native plants and grasses on the property.

2666
03:09:53,680 --> 03:10:00,880
 We have absolutely no problem with working with master naturalists at their suggestion

2667
03:10:00,880 --> 03:10:07,560
 to preserve or transplant any of those native species.

2668
03:10:07,560 --> 03:10:15,240
 We're also more than willing to use native and adapted plants in our landscape plan and

2669
03:10:15,240 --> 03:10:18,320
 to protect the adjacent Clear Creek tributary.

2670
03:10:18,320 --> 03:10:23,880
 As you can see from the image above, it does not encroach into our property but a finger

2671
03:10:23,880 --> 03:10:26,760
 of it does kind of just back up to the property.

2672
03:10:26,760 --> 03:10:33,720
 So we recognize that it's there, it's certainly not something that we would disturb or cause

2673
03:10:33,720 --> 03:10:37,240
 damage to in any way.

2674
03:10:37,240 --> 03:10:40,160
 Agave Ranch owners do want to be good neighbors.

2675
03:10:40,160 --> 03:10:45,520
 They're committing to memorializing all of these conditions, holding future neighborhood

2676
03:10:45,520 --> 03:10:52,960
 meetings, agreeing to staff recommended conditions and committing to memorializing a 15% preserved

2677
03:10:52,960 --> 03:10:59,280
 open space including three ponds and nine pocket parks and that pond or pocket park

2678
03:10:59,280 --> 03:11:03,880
 amenity is within a five minute walk of all homes within the development.

2679
03:11:03,880 --> 03:11:11,280
 If you do codify that, maybe the same 1,300 feet that Julie is suggesting to a trailhead.

2680
03:11:11,280 --> 03:11:14,760
 And that is all I have but I'd be happy to answer any questions.

2681
03:11:14,760 --> 03:11:15,760
 We have questions.

2682
03:11:15,760 --> 03:11:19,000
 I'm not sure if it's going to be for you or Jason but it starts with Mr. Smith.

2683
03:11:19,000 --> 03:11:20,000
 Thank you, Chair.

2684
03:11:20,000 --> 03:11:25,760
 I actually have a question for Jason, although Mr. Smith, you might be able to answer too.

2685
03:11:25,760 --> 03:11:30,520
 Last time we presented, we had NR2, NR3, NR4.

2686
03:11:30,520 --> 03:11:38,320
 The plan with the NR2 was to make the developments in that area be local custom home builders.

2687
03:11:38,320 --> 03:11:44,000
 Is that still the plan with NR2 or the plans now with NR3 being wrapped by NR2?

2688
03:11:44,000 --> 03:11:53,200
 I'm not sure if there -- with the 46.5 acres of NR2, that's now 93 homes.

2689
03:11:53,200 --> 03:11:57,760
 I don't know if you'll have local home builders that will want to take all 93 lots.

2690
03:11:57,760 --> 03:12:03,400
 I definitely know that a chunk of these would still be reserved for local home builders.

2691
03:12:03,400 --> 03:12:09,440
 I definitely still see that northern piece maintaining an independent character from

2692
03:12:09,440 --> 03:12:14,440
 the rest of the development so even though you have the NR2 wrapping down, I think you'll

2693
03:12:14,440 --> 03:12:17,920
 still see a variety of homes throughout this development.

2694
03:12:17,920 --> 03:12:22,040
 Do you see a local -- not a local developer -- do you see even a national developer or

2695
03:12:22,040 --> 03:12:27,400
 a regional developer who -- I should say builder, not developer -- do you see a regional or

2696
03:12:27,400 --> 03:12:32,120
 national builder who would come in and buy a chunk like 60?

2697
03:12:32,120 --> 03:12:33,520
 Does that seem like something that you would --

2698
03:12:33,520 --> 03:12:36,400
 I think that might be a better question for the developers.

2699
03:12:36,400 --> 03:12:40,800
 I mean, I know that that is the intent that --

2700
03:12:40,800 --> 03:12:44,000
 I guess I'd hate to be caught in between, so to speak.

2701
03:12:44,000 --> 03:12:49,400
 I would like for that characteristic of custom home builders still being involved in this

2702
03:12:49,400 --> 03:12:56,360
 process for the NR2 and I understand that there's not many local home builders who can

2703
03:12:56,360 --> 03:12:57,360
 take on 93 homes.

2704
03:12:57,360 --> 03:12:58,360
 Right.

2705
03:12:58,360 --> 03:13:03,880
 They don't have that demand necessarily but I'd also hate it for a national or even a

2706
03:13:03,880 --> 03:13:08,640
 regional builder to say, "Well, 93 homes isn't really enough for us to devote energy and

2707
03:13:08,640 --> 03:13:09,640
 time to."

2708
03:13:09,640 --> 03:13:15,520
 And so for things to not get built out, that'd be a sad thing for me to see.

2709
03:13:15,520 --> 03:13:20,000
 And I'm not sure how much of a variety of product you'll see, again, on the southern

2710
03:13:20,000 --> 03:13:21,000
 piece.

2711
03:13:21,000 --> 03:13:26,480
 I mean, with the NR2, again, the current code does have certain lot coverage requirements

2712
03:13:26,480 --> 03:13:30,600
 and the side yard requirements and we'll adhere to all of that.

2713
03:13:30,600 --> 03:13:34,960
 But will there be a different builder on that southern piece?

2714
03:13:34,960 --> 03:13:35,960
 I'm not sure.

2715
03:13:35,960 --> 03:13:38,360
 Wouldn't that be a question for the owners if they're here?

2716
03:13:38,360 --> 03:13:41,080
 They might be able to speak to that.

2717
03:13:41,080 --> 03:13:44,360
 Chair, does the developer have a card up here?

2718
03:13:44,360 --> 03:13:46,720
 If so, I'll wait until the card.

2719
03:13:46,720 --> 03:13:47,720
 I don't know.

2720
03:13:47,720 --> 03:13:54,800
 I believe either John or Todd might -- Todd, I'm sorry.

2721
03:13:54,800 --> 03:13:55,800
 Okay.

2722
03:13:55,800 --> 03:13:58,960
 So -- Yeah, I'd like to ask the question of the

2723
03:13:58,960 --> 03:13:59,960
 developer then.

2724
03:13:59,960 --> 03:14:00,960
 Okay.

2725
03:14:00,960 --> 03:14:01,960
 You didn't want to speak?

2726
03:14:01,960 --> 03:14:02,960
 Okay.

2727
03:14:02,960 --> 03:14:05,960
 Is it okay if he comes up and answers?

2728
03:14:05,960 --> 03:14:06,960
 Absolutely.

2729
03:14:06,960 --> 03:14:12,920
 There's a question, if you wouldn't mind answering it.

2730
03:14:12,920 --> 03:14:19,080
 If you could just state your name and address for the record.

2731
03:14:19,080 --> 03:14:20,080
 My name is John Howman.

2732
03:14:20,080 --> 03:14:23,520
 I live at 300 Lamar Street, Roanoke, Texas.

2733
03:14:23,520 --> 03:14:24,520
 Yeah.

2734
03:14:24,520 --> 03:14:25,520
 The question still stands.

2735
03:14:25,520 --> 03:14:26,520
 Yeah.

2736
03:14:26,520 --> 03:14:29,040
 What the plan is for the NR2, if it's still going to be custom home builders or if you

2737
03:14:29,040 --> 03:14:33,240
 guys are going to try to market that to a national or regional builder instead.

2738
03:14:33,240 --> 03:14:39,480
 On that northern section, as it was, we still have -- the local home builders are still

2739
03:14:39,480 --> 03:14:41,480
 interested in those pieces.

2740
03:14:41,480 --> 03:14:48,600
 Like you're saying, there's not a demand for 92 for a local home builder.

2741
03:14:48,600 --> 03:14:54,160
 Our regional and national home builders are interested in the properties as it stands.

2742
03:14:54,160 --> 03:14:58,560
 So maybe the builders who are touching the NR3 section will just extend back into that

2743
03:14:58,560 --> 03:15:01,040
 equitable NR2 sections back behind there.

2744
03:15:01,040 --> 03:15:02,040
 Correct.

2745
03:15:02,040 --> 03:15:08,360
 So, you know, we're still looking at probably about 40 homes that will be up in that northern

2746
03:15:08,360 --> 03:15:12,880
 section that will be custom home builders, and that's about what our demand was.

2747
03:15:12,880 --> 03:15:13,880
 Okay.

2748
03:15:13,880 --> 03:15:14,880
 Thank you.

2749
03:15:14,880 --> 03:15:15,880
 Mr. Sanchez.

2750
03:15:15,880 --> 03:15:16,880
 Yeah.

2751
03:15:16,880 --> 03:15:25,960
 My question is, you know, we've gone over this several times, and one of the concerns

2752
03:15:25,960 --> 03:15:31,820
 I have -- we're always talking about affordable housing, and that's one of our big concerns.

2753
03:15:31,820 --> 03:15:38,720
 My concern is, as you've dropped the density, how is that going to affect the size of the

2754
03:15:38,720 --> 03:15:44,720
 homes you're going to build or the cost that you're going to sell them for?

2755
03:15:44,720 --> 03:15:51,840
 Well, obviously, we've cut out a large number of homes from this development, and so with

2756
03:15:51,840 --> 03:15:59,920
 removing the ability to have the NR4 in that southwestern portion and the side yard requirements

2757
03:15:59,920 --> 03:16:05,520
 and the lot coverage requirements that NR3 has that is greater than NR4, obviously that's

2758
03:16:05,520 --> 03:16:08,720
 going to affect what will go there.

2759
03:16:08,720 --> 03:16:16,480
 But that NR3, what's along 428, the goal still is to make that a more affordable product,

2760
03:16:16,480 --> 03:16:22,480
 and it is a -- NR3 is still the three and a half units per acre, and before, we read

2761
03:16:22,480 --> 03:16:29,980
 about a 3.7 overall, and so the character of the NR3 here hasn't changed that much.

2762
03:16:29,980 --> 03:16:37,440
 It's really extending that NR2 down and pulling the units out of that eastern piece that -- where

2763
03:16:37,440 --> 03:16:40,560
 we see the reduction in the total maximum number of lots.

2764
03:16:40,560 --> 03:16:46,160
 So you're not seeing an overall 92 acres that's a completely different development

2765
03:16:46,160 --> 03:16:48,680
 than what you saw a month ago.

2766
03:16:48,680 --> 03:16:56,160
 It's just setting a different zoning category, but still having a similar feel to what we

2767
03:16:56,160 --> 03:17:02,240
 had before with the lower densities, but with a variety of housing types.

2768
03:17:02,240 --> 03:17:06,760
 And so from the custom to the north to the production in the south.

2769
03:17:06,760 --> 03:17:17,560
 And that's still -- I mean, unless I'm -- feel free to come up and -- yeah.

2770
03:17:17,560 --> 03:17:23,600
 >> So really what it's done by taking this zoning change has really made more parkland.

2771
03:17:23,600 --> 03:17:29,600
 When we were here last time, it was -- I think it was a little over 12.

2772
03:17:29,600 --> 03:17:30,600
 It's now 15.

2773
03:17:30,600 --> 03:17:36,360
 >> And the 15 is a minimum, it'll likely end up being more again as we come -- as we massage

2774
03:17:36,360 --> 03:17:41,200
 this plan to meet these densities, to meet these open space requirements, that that park

2775
03:17:41,200 --> 03:17:43,340
 space will likely increase.

2776
03:17:43,340 --> 03:17:50,920
 But as a memorialization, 15% is a good number.

2777
03:17:50,920 --> 03:17:55,120
 >> And that number doesn't include the 30 foot setback that the city's requiring.

2778
03:17:55,120 --> 03:17:58,920
 So that's on top of all the parkland that's gone in here with the ponds and that type

2779
03:17:58,920 --> 03:18:00,640
 of thing.

2780
03:18:00,640 --> 03:18:07,480
 The homes, the homes are still going to be $250,000 to $400,000 homes.

2781
03:18:07,480 --> 03:18:14,040
 Some lots will be larger sizes, and our builders are willing to take those on.

2782
03:18:14,040 --> 03:18:18,160
 >> I do not see any other questions.

2783
03:18:18,160 --> 03:18:19,160
 Thanks, Jason.

2784
03:18:19,160 --> 03:18:20,160
 >> Thank you.

2785
03:18:20,160 --> 03:18:27,120
 >> The next card that I have is for Bridget Marshall, and then after Bridget, we have

2786
03:18:27,120 --> 03:18:44,280
 Susie Autry.

2787
03:18:44,280 --> 03:18:46,760
 And Miss Marshall, if you could state your name and address the record, you have four

2788
03:18:46,760 --> 03:18:47,760
 minutes to speak.

2789
03:18:47,760 --> 03:18:48,760
 >> Thank you.

2790
03:18:48,760 --> 03:18:49,760
 Good evening.

2791
03:18:49,760 --> 03:18:50,760
 I'm Bridget Marshall.

2792
03:18:50,760 --> 03:18:55,040
 I live at 3539 Pine Trail in Denton.

2793
03:18:55,040 --> 03:18:59,400
 I ask that you do not approve the Agave Ranch development.

2794
03:18:59,400 --> 03:19:04,680
 Even though the developers have made changes to their plans, NR3 zoning with three houses

2795
03:19:04,680 --> 03:19:13,280
 per acre and 252 houses total are still far too dense for this rural area, and would still

2796
03:19:13,280 --> 03:19:19,080
 have a negative impact on the land and still exacerbate the heavy traffic on FM 428 we

2797
03:19:19,080 --> 03:19:20,080
 currently experience.

2798
03:19:20,080 --> 03:19:26,520
 The FM 428 corridor is a beautiful and unique area of Denton County with its touted horse

2799
03:19:26,520 --> 03:19:28,560
 country.

2800
03:19:28,560 --> 03:19:32,240
 Careful and thoughtful planning should be taken into consideration in order to keep

2801
03:19:32,240 --> 03:19:39,520
 that aesthetic character of this area, such as laid out by the Denton Plan 2030.

2802
03:19:39,520 --> 03:19:45,400
 Last night while driving on FM 428 past the Diamond T Arena, I was reminded how beautiful

2803
03:19:45,400 --> 03:19:47,640
 this area is.

2804
03:19:47,640 --> 03:19:51,680
 Those 92 acres are not ugly flat land.

2805
03:19:51,680 --> 03:19:56,560
 I appreciate the existing prairie land, as many people do.

2806
03:19:56,560 --> 03:20:01,880
 The type of subdivision that's being proposed is just not in keeping with the horse farms,

2807
03:20:01,880 --> 03:20:08,900
 the cattle ranches, and the open land surrounding it, no matter what facade is presented.

2808
03:20:08,900 --> 03:20:14,420
 It would be a shame for dense and unbridled development to occur along FM 428, similar

2809
03:20:14,420 --> 03:20:17,880
 to what has happened to Highway 380.

2810
03:20:17,880 --> 03:20:24,480
 Once that happens, there will absolutely be no going back and regaining what once existed.

2811
03:20:24,480 --> 03:20:27,920
 Many of us moved to this area for the ruralness.

2812
03:20:27,920 --> 03:20:33,480
 We ourselves have horses and chickens on five acres, and have enjoyed living here and raising

2813
03:20:33,480 --> 03:20:37,040
 a family in the country for 22 years.

2814
03:20:37,040 --> 03:20:44,080
 I urge you to also consider the impact of having large subdivisions in an ecologically

2815
03:20:44,080 --> 03:20:49,920
 sensitive area with the Elm Fork of the Trinity River and Clear Creek watersheds.

2816
03:20:49,920 --> 03:20:54,280
 I'm also very concerned about the impact the Agave Ranch development will have on our

2817
03:20:54,280 --> 03:20:56,720
 well's water level.

2818
03:20:56,720 --> 03:21:00,880
 When questioned at one of their neighborhood meetings, the developers stated that they

2819
03:21:00,880 --> 03:21:05,120
 would use their existing well for the landscaping.

2820
03:21:05,120 --> 03:21:08,920
 That is a lot of water for 92 acres.

2821
03:21:08,920 --> 03:21:13,960
 Over the years, we have seen a dramatic decrease in water from our well during the summer months

2822
03:21:13,960 --> 03:21:20,880
 I hate to imagine how much worse it will be with a 92 acre development watering their

2823
03:21:20,880 --> 03:21:24,080
 green spaces from the same aquifer.

2824
03:21:24,080 --> 03:21:28,920
 So I'm asking you to please take all these things carefully into consideration and not

2825
03:21:28,920 --> 03:21:34,420
 approve the proposed Agave Ranch development, and to please ensure any development adheres

2826
03:21:34,420 --> 03:21:41,980
 to the recommendations laid out by the Denton Plan 2030 and the Future Land Use Plan.

2827
03:21:41,980 --> 03:21:44,040
 Thank you for your time.

2828
03:21:44,040 --> 03:21:47,360
 Thank you, Ms. Marshall.

2829
03:21:47,360 --> 03:21:51,920
 Next is Susie Autry, followed by Sharon Kramer.

2830
03:21:51,920 --> 03:21:59,600
 Hi, I'm Susie Dobson Autry, I live at 1501 Euphemia Drive in Denton, that's the north

2831
03:21:59,600 --> 03:22:00,600
 side of Denton.

2832
03:22:00,600 --> 03:22:03,680
 I'm part of the Dobson family here.

2833
03:22:03,680 --> 03:22:08,760
 We've been here each time representing the property at 5547 Woodland Hills, which is

2834
03:22:08,760 --> 03:22:14,360
 directly adjacent to the southeast side of the property in question.

2835
03:22:14,360 --> 03:22:19,160
 We continue to support the request to rezone.

2836
03:22:19,160 --> 03:22:24,660
 Even with previous rezoning, we felt like it was a good product, a good project, even

2837
03:22:24,660 --> 03:22:29,800
 better now because they are reducing the density, which is what more of the neighbors have asked

2838
03:22:29,800 --> 03:22:32,200
 for and it's more of what you have asked for.

2839
03:22:32,200 --> 03:22:35,200
 I just wanted to point out a few things.

2840
03:22:35,200 --> 03:22:37,760
 My prepared speech came last time.

2841
03:22:37,760 --> 03:22:44,240
 So we feel like they have met and exceeded many of the city's requirements, met all

2842
03:22:44,240 --> 03:22:47,880
 of the city's requirements and exceeded many of those.

2843
03:22:47,880 --> 03:22:54,320
 We feel like they've been considerate and taken on the issues that the neighbors and

2844
03:22:54,320 --> 03:22:59,560
 the city have addressed or asked of them to do.

2845
03:22:59,560 --> 03:23:06,400
 We feel like Commissioner Ellis, you mentioned last time that it's not the product that we're

2846
03:23:06,400 --> 03:23:07,400
 here to address.

2847
03:23:07,400 --> 03:23:08,400
 It's the rezoning.

2848
03:23:08,400 --> 03:23:11,120
 Once it's rezoned, it can't change back.

2849
03:23:11,120 --> 03:23:15,240
 Someone else could come in and do something different, depending on the zoning.

2850
03:23:15,240 --> 03:23:22,320
 So our feeling is, given how much time and effort this agave development has put into

2851
03:23:22,320 --> 03:23:28,020
 this and how much they've met with the neighbors, how much they've come back to the city with

2852
03:23:28,020 --> 03:23:34,820
 changes and improvements based on request, that they're invested in this and that they're

2853
03:23:34,820 --> 03:23:37,080
 not going to rezone and walk away.

2854
03:23:37,080 --> 03:23:41,020
 So we feel like we can trust what they're asking of you.

2855
03:23:41,020 --> 03:23:43,840
 We support that.

2856
03:23:43,840 --> 03:23:49,680
 A lot has been said about the rural feel, which we completely agree with.

2857
03:23:49,680 --> 03:23:55,880
 However, living at 5547 Woodland Hills Road, when there's anything at the football stadium,

2858
03:23:55,880 --> 03:23:58,080
 you see the lights, you hear the speakers.

2859
03:23:58,080 --> 03:24:01,280
 That's not too much of a rural feel anymore.

2860
03:24:01,280 --> 03:24:04,200
 You have the water park with constant traffic.

2861
03:24:04,200 --> 03:24:06,960
 That's not really the rural feel.

2862
03:24:06,960 --> 03:24:13,480
 The auditorium, the skate park, the two DISD facilities, all of that doesn't really lend

2863
03:24:13,480 --> 03:24:16,360
 itself to the rural feel anyway.

2864
03:24:16,360 --> 03:24:23,720
 In addition to the corners of Luke 288 and 428, the north side is the commercial or mixed

2865
03:24:23,720 --> 03:24:25,680
 use zoning already.

2866
03:24:25,680 --> 03:24:28,300
 So we don't know what that will entail in the future.

2867
03:24:28,300 --> 03:24:34,320
 So we feel like this is a very good complement for the area.

2868
03:24:34,320 --> 03:24:37,320
 Any mentions about horse ranches?

2869
03:24:37,320 --> 03:24:41,520
 I don't really recollect that in this area there are any horse ranches.

2870
03:24:41,520 --> 03:24:44,380
 They begin to the north.

2871
03:24:44,380 --> 03:24:54,560
 So anything up to the Clear Creek Bridge seems to be where improvement and building could

2872
03:24:54,560 --> 03:24:58,840
 take place, and this just seems like a good product.

2873
03:24:58,840 --> 03:25:03,720
 And we feel like we support it, and we hope that you will support it, and that we can

2874
03:25:03,720 --> 03:25:08,800
 work with this developer and make it the best it can be for that area.

2875
03:25:08,800 --> 03:25:09,800
 Thank you.

2876
03:25:09,800 --> 03:25:10,800
 Thank you.

2877
03:25:10,800 --> 03:25:15,080
 Next is Sharon Kramer, followed by Ned Woodbridge.

2878
03:25:15,080 --> 03:25:21,080
 If you could just state your name and address for the record, please.

2879
03:25:21,080 --> 03:25:24,760
 Sharon Kramer, 3574 Pine Trail.

2880
03:25:24,760 --> 03:25:31,880
 I'm Bridget's immediate neighbor, and I'm lucky to have her.

2881
03:25:31,880 --> 03:25:38,400
 I'm going to start with where I started last time, what Larry said in January about we

2882
03:25:38,400 --> 03:25:44,400
 have hundreds of homes coming in across Sherman Drive.

2883
03:25:44,400 --> 03:25:46,680
 Let's see how that shakes out.

2884
03:25:46,680 --> 03:25:51,680
 See what happens with TxDOT and 428.

2885
03:25:51,680 --> 03:25:56,600
 See what happens to the nature of the rate of home building.

2886
03:25:56,600 --> 03:25:59,920
 And then let's come back and look at this again.

2887
03:25:59,920 --> 03:26:04,560
 As I said earlier this week at yet another meeting, I think good decisions come from

2888
03:26:04,560 --> 03:26:08,040
 good data.

2889
03:26:08,040 --> 03:26:11,640
 Adding to the data, yes, there have been neighborhood meetings.

2890
03:26:11,640 --> 03:26:17,600
 I was surprised that there was none for this plan.

2891
03:26:17,600 --> 03:26:27,440
 I further would add that it was a broad consensus at the last meeting that NR3 was not what

2892
03:26:27,440 --> 03:26:32,840
 anyone was looking for, something like an NR2 was more acceptable.

2893
03:26:32,840 --> 03:26:38,960
 I also want to back up what Bridget said about our aquifer which is drilled just off of Hartley

2894
03:26:38,960 --> 03:26:39,960
 Field Road.

2895
03:26:39,960 --> 03:26:47,000
 I've been there for 40 years, and I usually get called when there's a water problem.

2896
03:26:47,000 --> 03:26:51,040
 And there was one last week, and I informed the other members of our water corporation

2897
03:26:51,040 --> 03:26:57,960
 that our flow rate is about 10 gallons a minute on a good day.

2898
03:26:57,960 --> 03:27:00,360
 Forty years ago that was not the case.

2899
03:27:00,360 --> 03:27:04,120
 Forty years ago it was 30 to 35 a minute.

2900
03:27:04,120 --> 03:27:08,920
 Just to sort of give you a rule of thumb on that, a garden hose, depending on the diameter

2901
03:27:08,920 --> 03:27:18,560
 or how long the run is, a garden hose can produce 5 to 12 gallons of water a minute.

2902
03:27:18,560 --> 03:27:23,480
 Well not any of my garden hoses, not any of Bridget's or other neighbors on the well.

2903
03:27:23,480 --> 03:27:28,120
 We maybe get 10 gallons a minute if no one else is running any water.

2904
03:27:28,120 --> 03:27:35,020
 So for Agave to use even more water would easily be recognizable.

2905
03:27:35,020 --> 03:27:45,040
 That leaves me just to say that a 50/50 NR2, NR3, I do not think is in keeping with the

2906
03:27:45,040 --> 03:27:46,520
 surrounding area.

2907
03:27:46,520 --> 03:27:52,920
 It may be reflective of what's across Sherman Drive, but as I've said before, four lanes

2908
03:27:52,920 --> 03:27:58,840
 or even two lanes of Sherman Drive completely disassociates those two sides.

2909
03:27:58,840 --> 03:28:08,120
 What Agave would be most connected to is the small ranchettes that pepper the ETJ to which

2910
03:28:08,120 --> 03:28:09,120
 it connects.

2911
03:28:09,120 --> 03:28:10,400
 So thank you for your time.

2912
03:28:10,400 --> 03:28:17,280
 I almost always say public service is a thankless and often a hot seat to sit in.

2913
03:28:17,280 --> 03:28:20,760
 So I appreciate the work you do for my native community.

2914
03:28:20,760 --> 03:28:21,760
 Thank you.

2915
03:28:21,760 --> 03:28:23,280
 Thank you very much Sharon.

2916
03:28:23,280 --> 03:28:30,920
 Next is Ned Woodbridge followed by Greg Johnson.

2917
03:28:30,920 --> 03:28:37,000
 Good evening.

2918
03:28:37,000 --> 03:28:43,680
 I'm Ned Woodbridge, 3596 Hartley Field Road in Denton.

2919
03:28:43,680 --> 03:28:48,880
 I am here to express my opposition to the proposed zoning change.

2920
03:28:48,880 --> 03:28:53,120
 I appreciate that the developers have made an effort to improve the plan, but I still

2921
03:28:53,120 --> 03:28:56,800
 feel it falls far short and should be rejected.

2922
03:28:56,800 --> 03:29:05,160
 The proposed development clearly is inconsistent with the Denton 2030 plan.

2923
03:29:05,160 --> 03:29:12,920
 This is noted in the staff analysis as the FLUM indicates Rural 5 zoning for this property.

2924
03:29:12,920 --> 03:29:19,200
 Time does not permit me to go through all the pertinent sections of the Denton 2030 plan

2925
03:29:19,200 --> 03:29:22,880
 and why this development proposal is antithetical to that plan.

2926
03:29:22,880 --> 03:29:26,760
 So I must limit myself to making two points.

2927
03:29:26,760 --> 03:29:34,520
 The first, the Denton 2030 plan establishes an optimal pattern of growth identified as

2928
03:29:34,520 --> 03:29:42,440
 preferred growth concept, which calls for compact growth, encouraging infill, discouraging

2929
03:29:42,440 --> 03:29:51,460
 suburban sprawl, and prescribing certain areas for future growth during the 2030 plan horizon.

2930
03:29:51,460 --> 03:29:57,560
 These prescribed areas were deemed adequate to support the growth through the 2030 plan

2931
03:29:57,560 --> 03:29:58,560
 horizon.

2932
03:29:58,560 --> 03:30:06,720
 And let me just give you an example from the community vision statement, which seeks, and

2933
03:30:06,720 --> 03:30:13,240
 I quote, "contiguous stage growth, which is fiscally and environmentally sound, reduces

2934
03:30:13,240 --> 03:30:19,800
 fragmentation and sprawl, discourages premature development," and it goes on and will continue

2935
03:30:19,800 --> 03:30:22,240
 in the interest of time.

2936
03:30:22,240 --> 03:30:31,960
 The Agave Ranch project is suburban sprawl, which is explicitly discouraged in the 2030

2937
03:30:31,960 --> 03:30:32,960
 plan.

2938
03:30:32,960 --> 03:30:39,360
 We have all seen the unfortunate impact over the last 50 years in many communities of suburban

2939
03:30:39,360 --> 03:30:47,120
 sprawl and the economic blight it causes the city centers as retail and commercial activity

2940
03:30:47,120 --> 03:30:50,800
 moves outward to follow the population.

2941
03:30:50,800 --> 03:30:58,640
 A second reason that the Agave Ranch proposal fails the 2030 plan is that the plan calls

2942
03:30:58,640 --> 03:31:03,240
 for conservation development in the fringe areas of the city.

2943
03:31:03,240 --> 03:31:10,320
 To quote the community vision statement, page 14, regarding these areas, I quote, "In our

2944
03:31:10,320 --> 03:31:18,760
 rural fringe areas of the city and the extraterritorial jurisdiction, we see conservation development,

2945
03:31:18,760 --> 03:31:25,720
 which retains rural character, protects open space and greenways, enhances development

2946
03:31:25,720 --> 03:31:28,840
 value, and provides greater choices to landowners."

2947
03:31:28,840 --> 03:31:36,680
 Thus, if the developers are looking for guidance, what would be acceptable to the community,

2948
03:31:36,680 --> 03:31:42,960
 they should consider the conservation development pattern.

2949
03:31:42,960 --> 03:31:48,400
 They could retain the lower housing price point and smaller lots they desire in a portion

2950
03:31:48,400 --> 03:31:55,040
 of the property while maintaining significant open spaces to preserve the desired character

2951
03:31:55,040 --> 03:32:00,960
 of the community, all in the R5 context.

2952
03:32:00,960 --> 03:32:07,160
 Now, this is a personal view, but I think you might even see the community get behind

2953
03:32:07,160 --> 03:32:14,480
 an overall density of NR1 if it were done in the conservation development pattern.

2954
03:32:14,480 --> 03:32:22,280
 Lastly, I want to remind everyone that the property developers bought this property zoned

2955
03:32:22,280 --> 03:32:28,360
 as Rural 5, so under no undue burden with the existing zoning.

2956
03:32:28,360 --> 03:32:30,640
 Thank you for your consideration.

2957
03:32:30,640 --> 03:32:33,280
 Thank you very much for being here.

2958
03:32:33,280 --> 03:32:38,480
 Next is Greg Johnson followed by Nathan Tune.

2959
03:32:38,480 --> 03:32:43,040
 Hello again.

2960
03:32:43,040 --> 03:32:45,400
 Greg Johnson, 319 West Oak, Denton, Texas.

2961
03:32:45,400 --> 03:32:51,320
 I don't have a dog in this fight, I don't represent any party, but as I was listening

2962
03:32:51,320 --> 03:32:58,360
 the last time around, sometimes it's helpful to revisit history, so many of you have been

2963
03:32:58,360 --> 03:33:04,440
 around the city a long time and probably remember that RD5X has been used as a placeholder zoning.

2964
03:33:04,440 --> 03:33:09,280
 It was never intended to be used as a zoning classification, so as a city when we annex

2965
03:33:09,280 --> 03:33:14,600
 the city, we placed it as RD5X with the intention of someday whenever somebody wants to do something

2966
03:33:14,600 --> 03:33:16,240
 with it, it will get zoned appropriately.

2967
03:33:16,240 --> 03:33:23,840
 So I've heard conversation about RD5X, I think it's important to clarify that's what RD5X

2968
03:33:23,840 --> 03:33:28,680
 was intended for, at least that's the way it was always used.

2969
03:33:28,680 --> 03:33:38,080
 Secondly, I was taken aback by the photo of Teasley at I-35 in 1964, and while there's

2970
03:33:38,080 --> 03:33:43,000
 a lot of parts of our city that are rural today, they won't be rural 10 years from now.

2971
03:33:43,000 --> 03:33:46,440
 We're going to double in size by 2030, where are those people going to live?

2972
03:33:46,440 --> 03:33:51,960
 We're not going to build 20-story apartment complexes downtown.

2973
03:33:51,960 --> 03:33:59,480
 So I would just say, again, I don't have anything to do with this thing other than to say on

2974
03:33:59,480 --> 03:34:04,560
 every road that we have in our city, at some point it was all farms, and then somebody

2975
03:34:04,560 --> 03:34:09,000
 stepped out and took a risk and built something, and then the other neighborhoods come and

2976
03:34:09,000 --> 03:34:11,260
 it develops.

2977
03:34:11,260 --> 03:34:14,680
 The north side of town is the next logical place for us to grow.

2978
03:34:14,680 --> 03:34:17,760
 There's no, the reason the school district bought 100 acres right down the street from

2979
03:34:17,760 --> 03:34:21,160
 this is they know they're going to need to put a school out here.

2980
03:34:21,160 --> 03:34:28,520
 So I think we need to be open to the fact that, yes, it looks, it's country today.

2981
03:34:28,520 --> 03:34:34,680
 And I'm always appreciative of the folks who have been living somewhere for 30 or 40

2982
03:34:34,680 --> 03:34:37,680
 years and don't want it to change, because when they bought it 30 or 40 years ago, that's

2983
03:34:37,680 --> 03:34:40,240
 the lifestyle they seeked.

2984
03:34:40,240 --> 03:34:46,920
 So I think it's important that we at least look at this with the right glasses on, right?

2985
03:34:46,920 --> 03:34:50,360
 Which is, you know, these folks, sure, they went and bought the property.

2986
03:34:50,360 --> 03:34:54,360
 Whether they bought it or they hadn't bought it yet really doesn't matter.

2987
03:34:54,360 --> 03:35:00,000
 The question is, is 428 going to grow, and is this the kind of development that we would

2988
03:35:00,000 --> 03:35:02,560
 like to see there when it grows?

2989
03:35:02,560 --> 03:35:06,400
 Because it's going to grow, you know, ultimately it's going to happen because that's the next

2990
03:35:06,400 --> 03:35:08,360
 logical place for us to grow.

2991
03:35:08,360 --> 03:35:12,800
 And so I would just urge you to think about the two points.

2992
03:35:12,800 --> 03:35:15,080
 You know, at some point the city annexed it.

2993
03:35:15,080 --> 03:35:19,560
 I'm sure that property owner didn't walk in with their hand up saying, "Annex me, please."

2994
03:35:19,560 --> 03:35:22,120
 That's why it's already 5.

2995
03:35:22,120 --> 03:35:30,080
 And 428 is a fantastic corridor for future growth because you've got some beautiful topography

2996
03:35:30,080 --> 03:35:31,080
 there.

2997
03:35:31,080 --> 03:35:35,200
 All of it can't be developed because you've got canyons and, you know, some areas that

2998
03:35:35,200 --> 03:35:37,040
 you just couldn't develop into houses.

2999
03:35:37,040 --> 03:35:40,200
 So you're going to still have a lot of green space.

3000
03:35:40,200 --> 03:35:43,040
 You've got quite a bit of floodplain up and down there.

3001
03:35:43,040 --> 03:35:48,480
 And so I think I would just say, you know, in my opinion these guys deserve a fair shake.

3002
03:35:48,480 --> 03:35:54,960
 It seems to me in looking at what they've shown as part of the development, the math

3003
03:35:54,960 --> 03:35:58,520
 doesn't work to put one or two lots per acre.

3004
03:35:58,520 --> 03:36:01,920
 You'll never see any developer build anything in Denton, Texas anymore with one or two lots

3005
03:36:01,920 --> 03:36:02,920
 per acre.

3006
03:36:02,920 --> 03:36:04,640
 You can't put the streets in.

3007
03:36:04,640 --> 03:36:08,560
 You'd have to sell the lots for half a million dollars and sell million dollar homes.

3008
03:36:08,560 --> 03:36:11,560
 Well, you could sell one of those in Denton a year.

3009
03:36:11,560 --> 03:36:16,760
 So if we want to put land to work and have quality development happen, you know, we need

3010
03:36:16,760 --> 03:36:20,640
 to -- we need to understand that these sort of things ultimately are going to grow in

3011
03:36:20,640 --> 03:36:22,360
 these corridors.

3012
03:36:22,360 --> 03:36:23,360
 Thank you.

3013
03:36:23,360 --> 03:36:24,360
 Thank you.

3014
03:36:24,360 --> 03:36:31,460
 Next is Nathan Toon.

3015
03:36:31,460 --> 03:36:35,520
 Nathan Toon, 3717 Merrimack Drive.

3016
03:36:35,520 --> 03:36:38,880
 Greg took quite a few of the words right out of my mouth.

3017
03:36:38,880 --> 03:36:45,600
 But one thought that I was going to propose kind of in a pragmatic manner was the timing

3018
03:36:45,600 --> 03:36:48,120
 of the Denton 2030 plan.

3019
03:36:48,120 --> 03:36:54,160
 I'm not sure the exact time that it was -- the report was commissioned or when it was adopted

3020
03:36:54,160 --> 03:37:00,320
 or ratified, but I would argue that several significant changes have happened to the landscape

3021
03:37:00,320 --> 03:37:06,360
 of Denton since that plan was adopted, one of which being Denton High School buying land

3022
03:37:06,360 --> 03:37:13,720
 on the north side of town in a -- what was a rural, undeveloped area.

3023
03:37:13,720 --> 03:37:18,320
 Generally when schools come, you know, come close by, so do homes.

3024
03:37:18,320 --> 03:37:25,600
 And like Greg said, when they bought and decided they were going to build in this general area,

3025
03:37:25,600 --> 03:37:30,480
 they were anticipating growth and they were, quite frankly, looking for land that wasn't

3026
03:37:30,480 --> 03:37:33,080
 already developed.

3027
03:37:33,080 --> 03:37:41,040
 And secondly, as it relates to kind of the rural plan and aspect for the northern 428

3028
03:37:41,040 --> 03:37:47,080
 before and the 2030 plan, you know, there's a decent chance that, you know, all of that

3029
03:37:47,080 --> 03:37:54,560
 changes when the outer loop comes, you know, maybe five to eight miles north of this particular

3030
03:37:54,560 --> 03:37:55,560
 site.

3031
03:37:55,560 --> 03:38:03,360
 You know, the road that's planning to come from 75 all the way to 35 and connecting those

3032
03:38:03,360 --> 03:38:10,440
 two roadways, the last plans that I've seen show it coming not far from here.

3033
03:38:10,440 --> 03:38:18,840
 And when that -- if that comes to fruition, that would change the landscape in this particular

3034
03:38:18,840 --> 03:38:25,840
 area by itself, and, you know, I can certainly sympathize with, you know, somebody who bought

3035
03:38:25,840 --> 03:38:32,000
 a home on five acres and had a horse, you know, eventually I plan to live on, you know,

3036
03:38:32,000 --> 03:38:38,560
 something like that myself, but, you know, pragmatically speaking, I think this is the

3037
03:38:38,560 --> 03:38:43,600
 next growth frontier in the City of Denton.

3038
03:38:43,600 --> 03:38:52,120
 And this is not a very dense development relative to NR4, NR6, NR12, NRMU.

3039
03:38:52,120 --> 03:39:01,080
 This is about as undense of a subdivision as we probably will see in the City of Denton.

3040
03:39:01,080 --> 03:39:03,480
 So I support it, and I would ask that you do the same.

3041
03:39:03,480 --> 03:39:04,480
 Thank you.

3042
03:39:04,480 --> 03:39:06,080
 Thank you.

3043
03:39:06,080 --> 03:39:07,080
 This is public hearing.

3044
03:39:07,080 --> 03:39:10,680
 If anyone is wishing to speak, and we certainly do so, I have some cards of individuals not

3045
03:39:10,680 --> 03:39:13,480
 wishing to speak that I'll read into the record, and then we'll see if anyone else

3046
03:39:13,480 --> 03:39:14,480
 wants to speak.

3047
03:39:14,480 --> 03:39:15,480
 Anyone want to come on?

3048
03:39:15,480 --> 03:39:16,480
 Oh, bring it on down.

3049
03:39:16,480 --> 03:39:17,480
 That's fine.

3050
03:39:17,480 --> 03:39:37,200
 Yeah, you can fill it out later.

3051
03:39:37,200 --> 03:39:38,200
 Yeah.

3052
03:39:38,200 --> 03:39:39,200
 Hello, again.

3053
03:39:39,200 --> 03:39:40,200
 This is the third time.

3054
03:39:40,200 --> 03:39:43,520
 I think you guys all know my name, Susan Smith.

3055
03:39:43,520 --> 03:39:47,560
 I live at 7736 FM 428.

3056
03:39:47,560 --> 03:39:54,560
 I went over my reasons last time, and I do want to say that no one is opposed to development

3057
03:39:54,560 --> 03:40:02,640
 here at all, just the density for this area, which is quickly becoming overpopulated.

3058
03:40:02,640 --> 03:40:07,040
 Someone, and I would hope it would be the city, needs to give guidelines on what this

3059
03:40:07,040 --> 03:40:14,400
 area will bear in terms of traffic and safety, because we are very constricted by the Textot

3060
03:40:14,400 --> 03:40:19,840
 two-lane road, and there are a lot of areas yet to be developed and a lot of open land

3061
03:40:19,840 --> 03:40:25,840
 around where we are, so I hope you guys will consider this as you decide what you can approve

3062
03:40:25,840 --> 03:40:29,500
 and for what densities.

3063
03:40:29,500 --> 03:40:38,120
 Because we are on Textot, to say that build whatever and let the roads follow I think

3064
03:40:38,120 --> 03:40:45,480
 is sticking your head in the sand, because the Textot improvements on 377 that are currently

3065
03:40:45,480 --> 03:40:51,400
 being done have been 30 years in the making, so I just think that we have to be careful

3066
03:40:51,400 --> 03:40:57,480
 about how we space and how we populate the areas, and not to give one zoning just because

3067
03:40:57,480 --> 03:41:00,960
 they have that zoning across the street.

3068
03:41:00,960 --> 03:41:06,920
 If you didn't have 400 houses directly across the street, which had already been approved,

3069
03:41:06,920 --> 03:41:13,000
 and the possibility of annexing more, and there's a lot of other areas, the DSID area,

3070
03:41:13,000 --> 03:41:19,340
 and a lot of other land and neighbors that will be seeking to develop their land, so

3071
03:41:19,340 --> 03:41:26,360
 I hope you'll consider that and not overly congest this area.

3072
03:41:26,360 --> 03:41:31,440
 We'd like you to look at all the facts and consider what you've already approved and

3073
03:41:31,440 --> 03:41:37,120
 hold all future developments to what you feel the area can support and safely.

3074
03:41:37,120 --> 03:41:42,920
 It seems to me some requirements need to be established because we have so many areas

3075
03:41:42,920 --> 03:41:49,060
 that are yet to come up and we don't need to face this issue every time someone else

3076
03:41:49,060 --> 03:41:51,240
 wants to develop.

3077
03:41:51,240 --> 03:41:56,680
 You've heard the outcry from the many citizens that are concerned in our area, and as you

3078
03:41:56,680 --> 03:42:01,360
 stated before, it's more objections than you've ever received, and there's a good reason for

3079
03:42:01,360 --> 03:42:02,600
 that.

3080
03:42:02,600 --> 03:42:07,820
 Our plea to you is to protect our safety, our existing neighborhoods, and have some

3081
03:42:07,820 --> 03:42:11,800
 developmental requirements for future forthcoming developments.

3082
03:42:11,800 --> 03:42:18,380
 In other words, a vision and a plan for this area that can be accommodated.

3083
03:42:18,380 --> 03:42:25,600
 With that being said, what I've heard and I would agree with what some of the commissioners,

3084
03:42:25,600 --> 03:42:30,480
 including Andrew, said from the last meeting, that I feel that this area would be very appropriate,

3085
03:42:30,480 --> 03:42:38,880
 the 92 acres, for anywhere from 184 to 200 homes maximum for that amount of acreage,

3086
03:42:38,880 --> 03:42:44,320
 and I think that that would be appropriate here because you have a lot of other areas

3087
03:42:44,320 --> 03:42:49,360
 that are going to be developed and all using the same existing roads that we have right

3088
03:42:49,360 --> 03:42:51,200
 now.

3089
03:42:51,200 --> 03:42:56,240
 One thing that I wanted to say in hearing from other comments is I think the Denton

3090
03:42:56,240 --> 03:43:00,000
 2030 plan was fairly recent, am I right?

3091
03:43:00,000 --> 03:43:04,520
 Maybe it was adapted five, eight years ago, something like that.

3092
03:43:04,520 --> 03:43:10,820
 So it is fairly recent and I think they used a lot of preparation in what they foresaw

3093
03:43:10,820 --> 03:43:15,080
 for Denton and I don't think we need to give all of our open spaces away.

3094
03:43:15,080 --> 03:43:19,040
 I think we could stagger it in different areas.

3095
03:43:19,040 --> 03:43:26,880
 As far as opposition goes, there's 12 people within 200 feet and I have four objections

3096
03:43:26,880 --> 03:43:31,560
 to that in my hands, so I'll be sure and give them to Julie, I thought she had them,

3097
03:43:31,560 --> 03:43:34,920
 but that's over 30% objections.

3098
03:43:34,920 --> 03:43:41,800
 And also, as far as no horse or cattle ranches in the area, I am directly to the north, the

3099
03:43:41,800 --> 03:43:45,800
 closest neighbor to the north of the development, and I have a horse and cattle ranch.

3100
03:43:45,800 --> 03:43:52,760
 So I would like to see some of that feeling kept as we work with developers to do what

3101
03:43:52,760 --> 03:43:54,040
 is appropriate.

3102
03:43:54,040 --> 03:43:55,040
 Thank you guys very much.

3103
03:43:55,040 --> 03:43:56,040
 And I'll turn this in.

3104
03:43:56,040 --> 03:43:57,040
 Is that okay?

3105
03:43:57,040 --> 03:44:08,480
 The following individuals had filled out a card and said they did not wish to speak but

3106
03:44:08,480 --> 03:44:13,800
 wanted to register their thoughts, so I'm just going to read these into the record.

3107
03:44:13,800 --> 03:44:16,680
 Anne Woodbridge, opposed.

3108
03:44:16,680 --> 03:44:19,320
 Buddy Dobson, in support.

3109
03:44:19,320 --> 03:44:21,800
 Kaitlyn Ashley, in support.

3110
03:44:21,800 --> 03:44:25,200
 Bessie Lou Dobson, in support.

3111
03:44:25,200 --> 03:44:28,040
 Eric Rushton, in support.

3112
03:44:28,040 --> 03:44:30,560
 Todd Price, in support.

3113
03:44:30,560 --> 03:44:32,960
 Jenna Rushton, in support.

3114
03:44:32,960 --> 03:44:36,680
 John Hellman, in support.

3115
03:44:36,680 --> 03:44:39,480
 Nina Rushton, in support.

3116
03:44:39,480 --> 03:44:41,680
 Brenda Ashley, is in support.

3117
03:44:41,680 --> 03:44:42,680
 Absolutely.

3118
03:44:42,680 --> 03:44:48,400
 If you need to state your name and address for the record.

3119
03:44:48,400 --> 03:44:54,760
 My name is Brenda Dobson Ashley and I live at 2905 Osage Lane in Denton and I did a formal

3120
03:44:54,760 --> 03:45:00,820
 speech at the last meeting and I just want to reiterate some of the things that I talked

3121
03:45:00,820 --> 03:45:02,360
 about last time.

3122
03:45:02,360 --> 03:45:06,920
 Our family is the closest one to this development.

3123
03:45:06,920 --> 03:45:10,840
 My family's lived there for almost 50 years.

3124
03:45:10,840 --> 03:45:14,480
 They share the big pond with this development.

3125
03:45:14,480 --> 03:45:17,960
 So it's in our family's backyard.

3126
03:45:17,960 --> 03:45:25,200
 We're the most closely affected and we support this development because Mr. Johnson did a

3127
03:45:25,200 --> 03:45:29,720
 great job talking about the development is here.

3128
03:45:29,720 --> 03:45:39,080
 Denton's growing and this is a great lower density development for this area and this

3129
03:45:39,080 --> 03:45:44,880
 company has gone above and beyond to work with the people that live around there to

3130
03:45:44,880 --> 03:45:49,320
 come back and do the things that you've asked that they do.

3131
03:45:49,320 --> 03:45:55,360
 And we just feel like that this is the appropriate development for this area.

3132
03:45:55,360 --> 03:45:56,840
 We're going to be looking at it.

3133
03:45:56,840 --> 03:45:58,440
 It's right in our backyard.

3134
03:45:58,440 --> 03:46:04,960
 We're sharing a beautiful fishing pond that so many people have fished at for as long

3135
03:46:04,960 --> 03:46:07,440
 as longer than I can remember.

3136
03:46:07,440 --> 03:46:12,560
 And I think one of the things my dad that's 88 that's lived here his whole life lived

3137
03:46:12,560 --> 03:46:20,920
 in this area, was born in this area, he stated his rural life in this spot ended several

3138
03:46:20,920 --> 03:46:26,320
 years ago because he was annexed into the city limits several years ago.

3139
03:46:26,320 --> 03:46:32,600
 So to say that this is only a rural area, you know, it'd be great if it could stay that

3140
03:46:32,600 --> 03:46:36,240
 way forever, but that's not a reality where we live.

3141
03:46:36,240 --> 03:46:41,520
 So I just want you to know that we think that Agave Ranch has done a great job, has worked

3142
03:46:41,520 --> 03:46:49,280
 so hard, and we would just hate to see them lose this opportunity because, you know, we

3143
03:46:49,280 --> 03:46:53,920
 don't know what would come next, the other options before that were presented or not

3144
03:46:53,920 --> 03:46:56,560
 nearly as good as this option.

3145
03:46:56,560 --> 03:47:00,280
 So I would just ask that you vote in favor of this project.

3146
03:47:00,280 --> 03:47:02,800
 Thank you.

3147
03:47:02,800 --> 03:47:04,480
 Thank you.

3148
03:47:04,480 --> 03:47:12,560
 This is a public hearing, come on down.

3149
03:47:12,560 --> 03:47:15,680
 If you could just state your name and address to the record, you have four minutes to speak.

3150
03:47:15,680 --> 03:47:21,240
 Kelly Grisafi, I live at 2882 Trails End, Auburn, Texas, about a mile and a half or

3151
03:47:21,240 --> 03:47:27,160
 so from this proposed development, and I'm not going to, I'm opposed to the development

3152
03:47:27,160 --> 03:47:28,160
 as it stands.

3153
03:47:28,160 --> 03:47:34,000
 Everyone has come up and said a lot of things very eloquently.

3154
03:47:34,000 --> 03:47:36,880
 I just had a couple of questions.

3155
03:47:36,880 --> 03:47:41,320
 One of the requirements for this was the realignment of Hartley Field Road, and I was wondering

3156
03:47:41,320 --> 03:47:47,440
 if that land is already in the possession of the developer, or would they have to acquire

3157
03:47:47,440 --> 03:47:50,760
 it before that happens?

3158
03:47:50,760 --> 03:47:57,840
 And then my other statement was, or thought was, that from the last plan to this plan,

3159
03:47:57,840 --> 03:48:04,280
 it seems like they've dropped about 50 houses, and that doesn't seem like much of a change.

3160
03:48:04,280 --> 03:48:10,760
 And then one comment was this was a mix of housing.

3161
03:48:10,760 --> 03:48:15,160
 I kind of look at it a different way, where this isn't really a mix of housing, because

3162
03:48:15,160 --> 03:48:20,640
 this is the same housing that we see all up and down, 380 and Frisco and Plano, small

3163
03:48:20,640 --> 03:48:24,680
 lot sizes, big houses, and it's not a mix.

3164
03:48:24,680 --> 03:48:29,320
 It's not anything different than what's there, and what would be different is houses on,

3165
03:48:29,320 --> 03:48:37,560
 or two houses per acre, or even up to a two acre lot size, and in regards to that not

3166
03:48:37,560 --> 03:48:45,240
 being a viable aspect, just around the corner on land that my grandmother used to own, they

3167
03:48:45,240 --> 03:48:50,440
 had divided up into two acre lots, and they sold very, very quickly.

3168
03:48:50,440 --> 03:48:58,720
 They had a pretty nice per acre price, too, so I'm not a developer, that's not my job,

3169
03:48:58,720 --> 03:49:05,320
 but I think that there probably is some demand for that kind of housing, especially in an

3170
03:49:05,320 --> 03:49:10,000
 area that's already rural, so that's all I want to say, and I do have some cards to turn

3171
03:49:10,000 --> 03:49:11,000
 in.

3172
03:49:11,000 --> 03:49:12,000
 Perfect.

3173
03:49:12,000 --> 03:49:14,600
 And just to answer your question, they would be responsible for the right of way of Hartley

3174
03:49:14,600 --> 03:49:22,800
 Field on their property that they're developing, not the extension to realign it completely.

3175
03:49:22,800 --> 03:49:28,360
 They would just provide the street where Hartley Field would end up going through the development.

3176
03:49:28,360 --> 03:49:30,920
 They would have to designate a right of way back to the city.

3177
03:49:30,920 --> 03:49:35,840
 So there is property in between their property and the current position of Hartley Field

3178
03:49:35,840 --> 03:49:40,400
 Road that is not in the process of being developed.

3179
03:49:40,400 --> 03:49:41,400
 That's correct.

3180
03:49:41,400 --> 03:49:46,120
 And it would have to be either purchased or taken.

3181
03:49:46,120 --> 03:49:50,600
 The city would have to acquire that to build a road.

3182
03:49:50,600 --> 03:49:51,600
 Okay.

3183
03:49:51,600 --> 03:49:52,600
 Thank you.

3184
03:49:52,600 --> 03:49:53,600
 He handed me two cards.

3185
03:49:53,600 --> 03:50:03,720
 This is Kelly Grizzeri in opposition, not wishing to speak, and Suzanne Fulton in opposition,

3186
03:50:03,720 --> 03:50:07,720
 not wishing to speak.

3187
03:50:07,720 --> 03:50:15,280
 This is a public hearing, anyone else wishing to speak may to certainly do so.

3188
03:50:15,280 --> 03:50:17,040
 Seeing none, I will close the public hearing.

3189
03:50:17,040 --> 03:50:18,040
 Commissioner Smith.

3190
03:50:18,040 --> 03:50:21,640
 I'd like to make a motion to approve this project.

3191
03:50:21,640 --> 03:50:25,120
 Before I do so, I'd like to make a couple comments.

3192
03:50:25,120 --> 03:50:29,320
 First of all, I think I said once in business that a good negotiation, and I think I said

3193
03:50:29,320 --> 03:50:35,080
 this the last time I talked, but a good negotiation is one that both parties walk away from it,

3194
03:50:35,080 --> 03:50:36,120
 both feeling screwed.

3195
03:50:36,120 --> 03:50:40,000
 So I think that the neighborhood might feel this way, and I know that developers come

3196
03:50:40,000 --> 03:50:41,000
 back and forth.

3197
03:50:41,000 --> 03:50:45,120
 It's the third time they've come back now, and have definitely reduced their density.

3198
03:50:45,120 --> 03:50:49,720
 And to address the last person who spoke, they have changed it since the beginning.

3199
03:50:49,720 --> 03:50:57,940
 It was 368 units for the 92 acres, it's down to 252 units, so they gave up 116 units at

3200
03:50:57,940 --> 03:51:00,440
 about $370,000 per unit.

3201
03:51:00,440 --> 03:51:05,920
 It's a pretty big sacrifice there, but I think in a lot of ways, the cart is in front of

3202
03:51:05,920 --> 03:51:12,960
 the horse on the way development works, and that residential development a lot of times

3203
03:51:12,960 --> 03:51:17,320
 does have to lead commercial and infrastructure development.

3204
03:51:17,320 --> 03:51:21,320
 And so I think we said the last time that Hartley Field, the safety and the cleanup

3205
03:51:21,320 --> 03:51:28,840
 of that road, the expansion of 428 and pushing that road up the importance list for tax dot,

3206
03:51:28,840 --> 03:51:34,960
 and then the commercial development down the joint of 428 and 288 is going to be led by

3207
03:51:34,960 --> 03:51:40,960
 seeing three, three and a half, four years out from now, there's going to be 252 homes

3208
03:51:40,960 --> 03:51:45,760
 out there, on top of the other ones that have already been approved closer to the stadium.

3209
03:51:45,760 --> 03:51:48,320
 So I think this is a necessary deal.

3210
03:51:48,320 --> 03:51:52,200
 I think the developer has made some pretty large concessions, having come back to us

3211
03:51:52,200 --> 03:51:59,320
 now three times to reduce the density down to half acre and third acre lots, which are

3212
03:51:59,320 --> 03:52:01,760
 not zero lot line homes by any means.

3213
03:52:01,760 --> 03:52:07,120
 I don't think any place you've got a half acre lot, you're not Frisco zero lot line

3214
03:52:07,120 --> 03:52:08,120
 there.

3215
03:52:08,120 --> 03:52:14,440
 That doesn't compute to me unless it's a gigantic home, which it could be.

3216
03:52:14,440 --> 03:52:19,760
 I do think that the developer's done a very good job to honor the local and neighborhood

3217
03:52:19,760 --> 03:52:24,880
 interests and trying to reduce that density by coming back and revising, as well as wanting

3218
03:52:24,880 --> 03:52:28,440
 to honor local developers and trying to bring that to the project.

3219
03:52:28,440 --> 03:52:34,920
 And lastly, I'll say this, I know that Commissioner Ellis brought up in last meeting that the

3220
03:52:34,920 --> 03:52:40,800
 big worry is to rezone this area and if this project falls through, that we've made a permanent

3221
03:52:40,800 --> 03:52:45,000
 change to this area that then could be taken by anybody and they then have the right to

3222
03:52:45,000 --> 03:52:46,760
 develop it the way they want to.

3223
03:52:46,760 --> 03:52:49,560
 I think you're 100% correct in that.

3224
03:52:49,560 --> 03:52:55,680
 But I think with the outer loop coming in the next eight years is what it sounds like,

3225
03:52:55,680 --> 03:53:00,440
 the eight to 11 years, I think that we're naturally going to have infill.

3226
03:53:00,440 --> 03:53:06,680
 I think that this density, I think it fits the infill and I think that this project is

3227
03:53:06,680 --> 03:53:08,840
 good for us to go with.

3228
03:53:08,840 --> 03:53:12,800
 And lastly, I'll say that if we think that this ranch land is always going to stay ranch

3229
03:53:12,800 --> 03:53:16,960
 land with the development that is happening on the outer loop with Sanger and Pilot Point

3230
03:53:16,960 --> 03:53:21,280
 and Aubrey expanding as they are, I think we'd be in our head, the ones with the head

3231
03:53:21,280 --> 03:53:24,520
 in the sand to think that we're not going to have development out there.

3232
03:53:24,520 --> 03:53:28,840
 So because of that, I think this project fits and like I said, I do make the motion to approve

3233
03:53:28,840 --> 03:53:31,720
 with the staff recommendations and conditions.

3234
03:53:31,720 --> 03:53:39,720
 Kathy, can you put his motion because I thought we had a second up there.

3235
03:53:39,720 --> 03:53:45,440
 It was Commissioner Sanchez.

3236
03:53:45,440 --> 03:53:48,600
 I second the motion and I also want to say a few things.

3237
03:53:48,600 --> 03:53:54,960
 You know, we've had a lot of good discussion here, a lot of lively discussion.

3238
03:53:54,960 --> 03:53:58,600
 One of the things, you know, when we talk about growth patterns and we're talking about

3239
03:53:58,600 --> 03:54:05,160
 what's happening here in Denton, it's a growing community and we talk about the 2030 plan.

3240
03:54:05,160 --> 03:54:08,440
 Well, the 2030 plan to me is a plan.

3241
03:54:08,440 --> 03:54:10,800
 It's not set in stone.

3242
03:54:10,800 --> 03:54:16,320
 And so when we see patterns happening in the city, we have to react to those patterns and

3243
03:54:16,320 --> 03:54:21,040
 not just say, well, this is our 2030 plan, we can't deviate from that.

3244
03:54:21,040 --> 03:54:31,920
 And I think the city, the planners here are trying to do their best to react to what's

3245
03:54:31,920 --> 03:54:34,600
 happening in our city, growth.

3246
03:54:34,600 --> 03:54:40,360
 So as far as I'm concerned is -- and I think they did a real -- one of the ladies that came

3247
03:54:40,360 --> 03:54:43,000
 up discussed, it's not rural anymore.

3248
03:54:43,000 --> 03:54:49,560
 When you go out to 428, I go out 428 all the time because I go out to a pilot point.

3249
03:54:49,560 --> 03:54:54,760
 That area, going out two or three miles, it's not rural anymore.

3250
03:54:54,760 --> 03:54:57,640
 You know, we would like to see it be rural, but it's not.

3251
03:54:57,640 --> 03:55:00,920
 And like they've said, we have to come to that realization.

3252
03:55:00,920 --> 03:55:03,680
 Denton is growing and that's where it's going to grow.

3253
03:55:03,680 --> 03:55:07,720
 And everything is already planned there.

3254
03:55:07,720 --> 03:55:10,640
 It doesn't indicate it's rural.

3255
03:55:10,640 --> 03:55:12,840
 We like to think it is, but it's not.

3256
03:55:12,840 --> 03:55:18,160
 I'd like to somebody tell me what rural really means because it's not rural to me.

3257
03:55:18,160 --> 03:55:24,240
 And I came from New Mexico where I believe there were some rural places.

3258
03:55:24,240 --> 03:55:30,040
 And also I guess I just fragment -- we talk about sprawling.

3259
03:55:30,040 --> 03:55:32,080
 It's not sprawl.

3260
03:55:32,080 --> 03:55:34,160
 The city of Denton, I don't think it's sprawling.

3261
03:55:34,160 --> 03:55:35,680
 It's growing.

3262
03:55:35,680 --> 03:55:37,840
 And there's a big difference.

3263
03:55:37,840 --> 03:55:46,940
 So I'd just like to say I'm for the recommendation.

3264
03:55:46,940 --> 03:55:53,280
 We have a first and a second for -- sir, we have closed the public hearing.

3265
03:55:53,280 --> 03:56:02,140
 So unfortunately -- unfortunately we can't have any comments at this point.

3266
03:56:02,140 --> 03:56:05,240
 We have a first and a second for approval of the motion.

3267
03:56:05,240 --> 03:56:08,840
 And just to clarify, that was with conditions, Commissioner Smith?

3268
03:56:08,840 --> 03:56:09,840
 Yes, sir.

3269
03:56:09,840 --> 03:56:11,880
 And Sanchez, you were seconding that.

3270
03:56:11,880 --> 03:56:12,880
 Commissioner Beck.

3271
03:56:12,880 --> 03:56:15,120
 Thank you, Chair.

3272
03:56:15,120 --> 03:56:22,280
 And as usual, thanks for everybody coming down and giving their input.

3273
03:56:22,280 --> 03:56:27,600
 How this area transforms in the coming years will ultimately depend a lot on how property

3274
03:56:27,600 --> 03:56:34,080
 owners and parcels north of this area will sustain the ranch and agricultural lifestyle

3275
03:56:34,080 --> 03:56:35,800
 this area is known for.

3276
03:56:35,800 --> 03:56:40,720
 Will they sustain their way of life or will they or their children seek remuneration selling

3277
03:56:40,720 --> 03:56:45,720
 off their land piece by piece to future investors who don't share our vision?

3278
03:56:45,720 --> 03:56:51,280
 Will this commission or city councils in the near future be able to exclude land currently

3279
03:56:51,280 --> 03:56:58,120
 laying dormant along FM 428, be able to ignore the forces that demand growth to accommodate

3280
03:56:58,120 --> 03:57:01,980
 future -- rapid future growth?

3281
03:57:01,980 --> 03:57:08,040
 And here's where I hope I don't lose the friendship of Sharon Kramer and Susan Smith.

3282
03:57:08,040 --> 03:57:12,360
 I confess that I'm being won over by the efforts of this developer to create something that

3283
03:57:12,360 --> 03:57:20,600
 I feel maybe we can all live with in this area, especially the increase in trees we're

3284
03:57:20,600 --> 03:57:21,600
 going to see there.

3285
03:57:21,600 --> 03:57:22,600
 There's no trees here.

3286
03:57:22,600 --> 03:57:27,600
 I know prairie land is appreciated and I do, too, but there's currently no trees there

3287
03:57:27,600 --> 03:57:30,980
 and we're going to be seeing a bunch of them from this development.

3288
03:57:30,980 --> 03:57:38,720
 These are local people who are invested in debt and that's a big plus, too.

3289
03:57:38,720 --> 03:57:45,000
 Our hope was that we would keep it zoned appropriately to sustain the rural atmosphere it's enjoyed

3290
03:57:45,000 --> 03:57:51,520
 all these years, but we could also clearly see the time was progressively diminishing

3291
03:57:51,520 --> 03:57:58,840
 this prospect as developments in population growth extended itself along this FM 428 corridor.

3292
03:57:58,840 --> 03:58:04,240
 To me, it seems highly unlikely that we'll see any revitalization for this property reflect

3293
03:58:04,240 --> 03:58:06,600
 the glory days of the horse ranch.

3294
03:58:06,600 --> 03:58:12,040
 It may also be unlikely that we will see it bought off in any timely manner as one to

3295
03:58:12,040 --> 03:58:16,200
 five-acre lots to single-family residential dwellings.

3296
03:58:16,200 --> 03:58:23,600
 I appreciate the perspective Mr. Woodbridge and others have about the 2030 plan, but it

3297
03:58:23,600 --> 03:58:24,600
 is a guide.

3298
03:58:24,600 --> 03:58:29,800
 When things change dramatically like they have in this area and other areas, it's not

3299
03:58:29,800 --> 03:58:32,840
 a hard and fast standard, unfortunately.

3300
03:58:32,840 --> 03:58:38,480
 We have to make decisions based on things as they change.

3301
03:58:38,480 --> 03:58:46,180
 With plans to widen Sherman Drive to a four-lane arterial or six-lane and connecting to a more

3302
03:58:46,180 --> 03:58:51,720
 traffic-intense four-county loop to the north, this area is destined to be developed with

3303
03:58:51,720 --> 03:58:55,800
 residential and nonresidential developments to meet this growth.

3304
03:58:55,800 --> 03:59:00,640
 To obstruct this inevitability means financial loss for the property owners if we insist

3305
03:59:00,640 --> 03:59:06,040
 it remains idle, and also lose city revenue, which Julie mentioned was over half a million

3306
03:59:06,040 --> 03:59:10,200
 dollars a year, that would benefit the kind of smart growth we all want for Denton, and

3307
03:59:10,200 --> 03:59:14,960
 it's not all about money, but that's a big sum.

3308
03:59:14,960 --> 03:59:19,960
 I think we have been right to fend off the previous efforts to develop this large 92-acre

3309
03:59:19,960 --> 03:59:25,960
 parcel with housing densities not commiserate with the surrounding land use, but I've lately

3310
03:59:25,960 --> 03:59:31,560
 become concerned that not accommodating a development that doesn't meet a strict one

3311
03:59:31,560 --> 03:59:36,360
 house per acre requirement or more may force the property owners to abandon any effort

3312
03:59:36,360 --> 03:59:41,980
 to build homes here and conceivably sell this land to outsiders who can afford to sit on

3313
03:59:41,980 --> 03:59:48,800
 it and wait until the infrastructure accommodates their needs to build residential and nonresidential

3314
03:59:48,800 --> 03:59:51,880
 units that could be less acceptable to us.

3315
03:59:51,880 --> 03:59:58,640
 If that happens, Sherman Drive could by default, this stretch of Sherman Drive, could by default

3316
03:59:58,640 --> 04:00:03,720
 become a suburban corridor which would allow mixed commercial use as well as multifamily

3317
04:00:03,720 --> 04:00:08,920
 dwellings with an SUP, and none of us want to see that.

3318
04:00:08,920 --> 04:00:13,960
 What's being offered here, though not as we hoped for, is undoubtedly a well-conceived

3319
04:00:13,960 --> 04:00:20,200
 plan to incorporate low-density housing, and it is. We've got a mix of two and three houses

3320
04:00:20,200 --> 04:00:25,360
 per acre, so we're looking at roughly 2.5. It's not the two we'd like to see. It's definitely

3321
04:00:25,360 --> 04:00:32,200
 not going to be the one. But it has a lot of trail -- it has a lot of green spaces and

3322
04:00:32,200 --> 04:00:36,080
 trail spaces that are more suited for what's currently in place.

3323
04:00:36,080 --> 04:00:43,080
 And though I've been skeptical about it in the past, it could conceivably be a catalyst

3324
04:00:43,080 --> 04:00:48,640
 to encourage TxDOT to make plans sooner rather than later to improve Sherman Drive to better

3325
04:00:48,640 --> 04:00:53,240
 handle the traffic that growth is creating here. So I'm probably going to go along with

3326
04:00:53,240 --> 04:00:57,720
 this one, too. Just keep in mind, everybody, this has to go to City Council, too. This

3327
04:00:57,720 --> 04:01:02,600
 isn't the final say on this.

3328
04:01:02,600 --> 04:01:05,320
 Thank you, Mr. Beck. Mr. Ellis?

3329
04:01:05,320 --> 04:01:12,120
 Thank you, Chair. I've still got a couple of questions. Julie, can you address Ms. Smith's

3330
04:01:12,120 --> 04:01:18,120
 comments about the notification and comments, please?

3331
04:01:18,120 --> 04:01:23,360
 I didn't have those opposition letters. In fact, I went back and checked my email today,

3332
04:01:23,360 --> 04:01:27,120
 but she said she was going to email them to me to have them for City Council.

3333
04:01:27,120 --> 04:01:29,320
 Okay. You still haven't seen them?

3334
04:01:29,320 --> 04:01:33,560
 I haven't seen them, but she's going to get them to me.

3335
04:01:33,560 --> 04:01:39,280
 Okay. Secondly, in the applicant camp, can anyone address the aquaphor concerns that were

3336
04:01:39,280 --> 04:01:42,800
 brought up?

3337
04:01:42,800 --> 04:01:58,800
 So on the property right now is a deep drill well. They asked what we were going to do

3338
04:01:58,800 --> 04:02:03,760
 with that well. Were we going to abandon it? It happens to sit in one of the parks. One

3339
04:02:03,760 --> 04:02:08,200
 of those park areas, we're going to have a garden area. And I said at one point, it would

3340
04:02:08,200 --> 04:02:10,200
 probably use it to water the gardens.

3341
04:02:10,200 --> 04:02:13,120
 Can we get him to speak up?

3342
04:02:13,120 --> 04:02:17,600
 I said that it probably could be used, you know, to water the garden areas, to water

3343
04:02:17,600 --> 04:02:23,240
 some of the green areas. It's not going to be to water everybody's yard. We've got City

3344
04:02:23,240 --> 04:02:30,040
 Water going to be here. That's on the home people, and it's strictly for that type of

3345
04:02:30,040 --> 04:02:36,080
 thing. I mean, if somebody says abandon it, we'll take the pipe out tomorrow. It's not

3346
04:02:36,080 --> 04:02:37,080
 that big of a deal for us.

3347
04:02:37,080 --> 04:02:41,280
 So you don't know really how it's going to affect them, if you do use it to --

3348
04:02:41,280 --> 04:02:48,560
 Our well is a deep well. It's on a huge aquaphor. I did look into it, because it was questioned.

3349
04:02:48,560 --> 04:02:53,240
 I'm not sure what their well is on, but I don't think that it's on the same exact aquaphor.

3350
04:02:53,240 --> 04:02:55,600
 Okay. Thank you.

3351
04:02:55,600 --> 04:02:56,600
 And then --

3352
04:02:56,600 --> 04:02:57,600
 Can we serve --

3353
04:02:57,600 --> 04:02:58,600
 Sure, if I could. Yeah, I do.

3354
04:02:58,600 --> 04:02:59,600
 Yeah, you saw the floor.

3355
04:02:59,600 --> 04:03:00,600
 Yeah, thank you.

3356
04:03:00,600 --> 04:03:07,600
 Okay.

3357
04:03:07,600 --> 04:03:13,300
 Good evening. Lee Allison with Allison Engineering Group. I've looked at this well for a number

3358
04:03:13,300 --> 04:03:17,220
 of years. My understanding, it goes into the Trinity Aquaphor. There are actually three

3359
04:03:17,220 --> 04:03:22,520
 aquaphors in this area, the Upper Paluxy, the Lower Paluxy, and the Trinity. Most individual

3360
04:03:22,520 --> 04:03:27,620
 residential wells are in either the Upper or Lower Paluxy. Municipal wells typically

3361
04:03:27,620 --> 04:03:32,400
 go into the Trinity. That's where the City of Denton has its wells that go in there.

3362
04:03:32,400 --> 04:03:37,200
 If we have large acre developments, they'll be drilling individual wells. It's not unusual

3363
04:03:37,200 --> 04:03:43,000
 to have to go in and rework your well or lower your pumps to get more out of it. And as the

3364
04:03:43,000 --> 04:03:48,160
 area grows and develops, whether it be five acre lots or one acre lots or four lots per

3365
04:03:48,160 --> 04:03:53,420
 acre, it'd rather be cities drawing from the aquaphors or individual wells. That's going

3366
04:03:53,420 --> 04:03:56,840
 to be a dilemma of the wells going down, and that's one of the reasons that the City of

3367
04:03:56,840 --> 04:04:02,800
 Denton has a water CCN in that area so they can expand their water distribution facilities

3368
04:04:02,800 --> 04:04:08,640
 as they take water from Lake Ray Roberts and Lake Louisville and make it available as the,

3369
04:04:08,640 --> 04:04:15,320
 unfortunately, the well water's to replenish. Hope that helps answer some.

3370
04:04:15,320 --> 04:04:20,960
 It does. Thank you, Mr. Allison. Appreciate it. So with that, Chair, I had a question,

3371
04:04:20,960 --> 04:04:28,520
 I guess maybe for our legal department. Earlier on in the discussion, I think it was, well,

3372
04:04:28,520 --> 04:04:34,480
 several people in the applicant presentation mentioned memorializing things like the ponds

3373
04:04:34,480 --> 04:04:39,200
 and the green space. Is that something that could actually be made part of the zoning

3374
04:04:39,200 --> 04:04:47,560
 change or as a condition or not? I would like to defer to staff on how they

3375
04:04:47,560 --> 04:04:53,760
 would bring that about. That's the type of thing that they look at more commonly, if

3376
04:04:53,760 --> 04:04:57,440
 I may. We'll let somebody from staff answer that

3377
04:04:57,440 --> 04:05:10,040
 if they can, please. Trying to think how to, in terms of the open

3378
04:05:10,040 --> 04:05:19,540
 space acreage. It was mentioned 15% ponds. My question is, is there a way to make that

3379
04:05:19,540 --> 04:05:26,360
 part of this or, you know, if even anyone was on board with that, but they had mentioned

3380
04:05:26,360 --> 04:05:30,720
 it more than one time, so that's why I'm bringing it up.

3381
04:05:30,720 --> 04:05:38,280
 It certainly could be memorialized as part of an overlay condition.

3382
04:05:38,280 --> 04:05:44,040
 As long as it's a more stringent restriction than what was posted, there wouldn't be a

3383
04:05:44,040 --> 04:05:53,720
 legal issue, I see. I'll give that some thought and I think Mr.

3384
04:05:53,720 --> 04:05:56,280
 Beckson. Mr. Beck?

3385
04:05:56,280 --> 04:06:03,040
 Thank you, Chair. To Commissioner Ellis' statement on that, I would direct, I guess, the proposal

3386
04:06:03,040 --> 04:06:10,400
 that Commissioner Smith maybe reword his approval, that would include that, if he's willing to

3387
04:06:10,400 --> 04:06:14,520
 do that. I'll accept a friendly amendment to the motion.

3388
04:06:14,520 --> 04:06:18,480
 I don't know what you want to see memorialized, but I think however you want to phrase it,

3389
04:06:18,480 --> 04:06:22,520
 I think that I'd be open to memorializing green space or pond or anything like that,

3390
04:06:22,520 --> 04:06:29,200
 but I accept a friendly amendment. Mr. Shaw's?

3391
04:06:29,200 --> 04:06:36,120
 Oh, here comes Julie. Leave me open. Let her go ahead and ask.

3392
04:06:36,120 --> 04:06:38,160
 Okay. Kyshaw's?

3393
04:06:38,160 --> 04:06:43,960
 It looks like they're going to maybe answer more of my questions, so I want to, yeah,

3394
04:06:43,960 --> 04:06:47,840
 thank you. Let me comment real quickly for the, again,

3395
04:06:47,840 --> 04:06:52,760
 I'm in agreement with, and I'm glad Commissioner Ellis brought it up, that I hope there's a

3396
04:06:52,760 --> 04:06:58,220
 way you can avoid going after that well water there, if at all we've got, you know, water

3397
04:06:58,220 --> 04:07:03,080
 supplies from the city that you could use if you need to, so if there's a, anyway that's

3398
04:07:03,080 --> 04:07:08,000
 going to negatively impact, you know, the neighbors, I would encourage you, I've stuck

3399
04:07:08,000 --> 04:07:13,040
 my neck out here, so I'd strongly encourage you to avoid using the well, and I understand

3400
04:07:13,040 --> 04:07:23,600
 you can't, you know, get local builders to take care of all the R2 section, but I hope

3401
04:07:23,600 --> 04:07:28,480
 that process is stretched as tight as it can where you can get as many local builders

3402
04:07:28,480 --> 04:07:40,720
 to build houses in there before you go to a national builder, so, thanks.

3403
04:07:40,720 --> 04:07:41,720
 Commissioner Sanchez?

3404
04:07:41,720 --> 04:07:48,040
 I guess I'm getting confused with, I guess I'm getting confused with this term memorialized.

3405
04:07:48,040 --> 04:07:52,500
 We're not sure even what it means, and we want to stick it in there, so I'd like somebody

3406
04:07:52,500 --> 04:07:57,760
 to give us what the definition of memorialized is, rather than just say, okay, we're going

3407
04:07:57,760 --> 04:08:03,040
 to adopt it and put it into this, make it a requirement, when we don't even really understand

3408
04:08:03,040 --> 04:08:05,040
 what it entails.

3409
04:08:05,040 --> 04:08:15,040
 Well, we pulled up a portion of the applicant's presentation that they referenced, and it

3410
04:08:15,040 --> 04:08:21,320
 could certainly be added as part of the conditions in addition to the staff recommended conditions

3411
04:08:21,320 --> 04:08:22,720
 for that zoning.

3412
04:08:22,720 --> 04:08:32,400
 I think in particular the last two bullet points seem to be.

3413
04:08:32,400 --> 04:08:34,160
 Does that clarify for you, Commissioner Sanchez?

3414
04:08:34,160 --> 04:08:36,640
 Would that be part of their recommendation?

3415
04:08:36,640 --> 04:08:40,160
 That's what they're going to do anyway, isn't it?

3416
04:08:40,160 --> 04:08:46,380
 It would just make it a part of the ordinance, the recommendation that P&Z would, as part

3417
04:08:46,380 --> 04:08:51,840
 of their recommendation, and then it would go to City Council and be placed as part of

3418
04:08:51,840 --> 04:08:57,280
 the rezoning ordinance, like the other staff conditions would be written into that ordinance.

3419
04:08:57,280 --> 04:08:58,280
 Okay.

3420
04:08:58,280 --> 04:09:03,720
 Would City Council recognize it, would put this in as in addition to what you all put

3421
04:09:03,720 --> 04:09:04,800
 in?

3422
04:09:04,800 --> 04:09:11,320
 With our AIS, our agenda information sheet that goes to City Council, we typically provide

3423
04:09:11,320 --> 04:09:14,800
 a blurb about what transpired at Planning and Zoning Commission.

3424
04:09:14,800 --> 04:09:18,440
 It would certainly be part of our discussion.

3425
04:09:18,440 --> 04:09:19,440
 Okay.

3426
04:09:19,440 --> 04:09:20,440
 Commissioner Ellis.

3427
04:09:20,440 --> 04:09:25,400
 Would it be a recommendation of zoning with conditions, as I understand it, and so that's

3428
04:09:25,400 --> 04:09:28,320
 what the council would consider?

3429
04:09:28,320 --> 04:09:30,480
 Commissioner Ellis.

3430
04:09:30,480 --> 04:09:31,480
 Thank you, Chair.

3431
04:09:31,480 --> 04:09:34,680
 Yeah, Commissioner Sanchez, so moralizing would mean we'd make it a condition, which

3432
04:09:34,680 --> 04:09:38,960
 I haven't made a friendly amendment yet, but I'm about to.

3433
04:09:38,960 --> 04:09:44,720
 So early on when this first came about a long time ago, I had said that I was not against

3434
04:09:44,720 --> 04:09:53,680
 development here, but on this side of 428, NR2 is about all I would consider.

3435
04:09:53,680 --> 04:09:57,340
 With everything that they have tweaked on this plan, and they've done a great job, they've

3436
04:09:57,340 --> 04:10:06,400
 come within 68 homes of what I said I would agree to see here.

3437
04:10:06,400 --> 04:10:11,880
 With these further concessions, I can definitely get on board with this development if I can

3438
04:10:11,880 --> 04:10:21,020
 make a friendly amendment to the current motion to add condition of 15% preserved green space,

3439
04:10:21,020 --> 04:10:28,000
 including three ponds at nine pocket parks, and what does it say up there, commit to parking

3440
04:10:28,000 --> 04:10:34,600
 and pond amenities within a five-minute walk of all homes, would be my friendly amendment.

3441
04:10:34,600 --> 04:10:39,640
 I'll accept that amendment to my motion.

3442
04:10:39,640 --> 04:10:42,320
 And Commissioner Sanchez, do you second?

3443
04:10:42,320 --> 04:10:43,720
 I second that.

3444
04:10:43,720 --> 04:10:50,760
 And just maybe just to dot I's and cross T's for this, can I get confirmation that the

3445
04:10:50,760 --> 04:10:55,160
 developer or the applicant is okay with those two additional conditions?

3446
04:10:55,160 --> 04:10:56,160
 Okay.

3447
04:10:56,160 --> 04:11:00,880
 I'm seeing nodding of heads for those on TV watching.

3448
04:11:00,880 --> 04:11:07,920
 So with that, we have a first and a second to approve with staff conditions and the two

3449
04:11:07,920 --> 04:11:11,080
 added conditions by Commissioner Smith.

3450
04:11:11,080 --> 04:11:14,880
 Is there any other discussion on this item?

3451
04:11:14,880 --> 04:11:22,480
 Before we go to a vote, I haven't said anything on this yet, and so I just wanted to, we've

3452
04:11:22,480 --> 04:11:31,480
 spent most of 2019 looking at this project, and I'm thankful that each of the three meetings,

3453
04:11:31,480 --> 04:11:34,800
 the same faces have shown up each time.

3454
04:11:34,800 --> 04:11:40,480
 It's helpful for me personally and I think as a commission to have primarily citizen

3455
04:11:40,480 --> 04:11:45,360
 feedback that's been diligent and persistent, and we've had offline conversations, we've

3456
04:11:45,360 --> 04:11:52,640
 had discussions here, and it seems as though from the best I can gauge, almost everything

3457
04:11:52,640 --> 04:11:58,240
 that the citizens and residents of not just that area, but in Aubrey and in Countyland

3458
04:11:58,240 --> 04:12:05,320
 and even south of I-35, the developers have taken into consideration to try to create

3459
04:12:05,320 --> 04:12:12,680
 the best they can, and at that density, that neighborhood will be in almost alignment with

3460
04:12:12,680 --> 04:12:20,600
 Idiots Hill, Forest Ridge, South Lake, some of the preeminent neighborhoods in our city.

3461
04:12:20,600 --> 04:12:26,160
 It's a pretty good compromise from what I can see, from where we started, where I was

3462
04:12:26,160 --> 04:12:33,600
 not for it at all, to the point where even to not even look at a north-south boundary,

3463
04:12:33,600 --> 04:12:39,040
 but to take into consideration the wrapping of NR2, which my hope is that future P&Z commissions

3464
04:12:39,040 --> 04:12:43,640
 down the road take into consideration how that plays out to eastward expansion, that

3465
04:12:43,640 --> 04:12:46,480
 going east, it's an NR2 precedent going forward.

3466
04:12:46,480 --> 04:12:53,800
 I think that would be exceptional, that density remains at NR3 levels on 428, but as you leave

3467
04:12:53,800 --> 04:13:01,320
 the arterioles, that it's as rural as it can be.

3468
04:13:01,320 --> 04:13:03,320
 I think those are my notes I had.

3469
04:13:03,320 --> 04:13:07,240
 So with that, maybe I need to speak explicitly, I'm for the project.

3470
04:13:07,240 --> 04:13:13,640
 I appreciate the applicant and the developer being really persistent and patient and listening,

3471
04:13:13,640 --> 04:13:16,920
 and I think for the residents to come out and voice their opinions.

3472
04:13:16,920 --> 04:13:22,080
 My hope is that this project actually is something that looks good driving on 428.

3473
04:13:22,080 --> 04:13:26,640
 It's not going to be pasture land or horses, but I bike down that and I haven't seen horses

3474
04:13:26,640 --> 04:13:30,280
 on that property in a while besides the occasional show there.

3475
04:13:30,280 --> 04:13:35,400
 So I'm for this and I'm excited to see this project move forward.

3476
04:13:35,400 --> 04:13:43,800
 Seeing no other discussion, I'm going to call for a vote on the board.

3477
04:13:43,800 --> 04:13:46,640
 Motion carries 6-0, congratulations.

3478
04:13:46,640 --> 04:13:55,720
 It is 920, at this time I'm going to call a 5-minute recess to clear the room and take

3479
04:13:55,720 --> 04:14:05,300
 a break.

3480
04:14:05,300 --> 04:14:06,300
 Thank you, ladies and gentlemen.

3481
04:14:06,300 --> 04:14:10,000
 We'll reconvene the meeting at 931, I appreciate you giving us a couple of minutes to clear

3482
04:14:10,000 --> 04:14:13,320
 the room and use the facilities.

3483
04:14:13,320 --> 04:14:18,480
 At this time, the next item on our agenda is item 4F, and we're actually going to call

3484
04:14:18,480 --> 04:14:23,440
 4F and 4G together, and so I'll invite Julie Wyatt for presentation of both those items

3485
04:14:23,440 --> 04:14:30,440
 and open the public hearing for both 4F and 4G.

3486
04:14:30,440 --> 04:14:42,480
 All right, so yes, we will be talking about both of these proposals at the same time.

3487
04:14:42,480 --> 04:14:47,080
 Just to clarify, though, there will have to be a separate vote on each one.

3488
04:14:47,080 --> 04:14:53,760
 So with that said, I'm presenting Z1825 and S194.

3489
04:14:53,760 --> 04:14:59,740
 The request before you is two items, the first being a rezoning to amend a previous ordinance

3490
04:14:59,740 --> 04:15:05,240
 to remove an overlay restriction that prohibited multifamily dwellings, and then the second

3491
04:15:05,240 --> 04:15:08,800
 request is a specific use permit for multifamily dwellings.

3492
04:15:08,800 --> 04:15:17,540
 The subject property is located on the north side of Ryan Road, just west of Teasley.

3493
04:15:17,540 --> 04:15:22,600
 Some zoning on the subject property, prior to 2008, the subject property is part of a

3494
04:15:22,600 --> 04:15:27,760
 larger tract, actually 54 acres, and it had an NR2 zoning, and you can see it here outlined

3495
04:15:27,760 --> 04:15:29,320
 in black.

3496
04:15:29,320 --> 04:15:39,240
 In 2008, that zoning was modified, and it was rezoned to NRMU, and it included overlay

3497
04:15:39,240 --> 04:15:43,520
 restrictions, one of those being no more than 50 percent of the site could be developed

3498
04:15:43,520 --> 04:15:49,000
 as commercial retail, and then the second overlay restriction was no multifamily dwellings

3499
04:15:49,000 --> 04:15:54,000
 could be constructed on the portion of the property fronting Teasley Lane.

3500
04:15:54,000 --> 04:15:58,640
 Commissioner Rozelle asked at the work session about where that line was, and so we went

3501
04:15:58,640 --> 04:16:03,880
 back and looked at the ordinance, and here is a copy of an exhibit associated with that

3502
04:16:03,880 --> 04:16:04,880
 ordinance.

3503
04:16:04,880 --> 04:16:12,640
 There's not a lot of detail as far as the dimensions, however, it does point out that

3504
04:16:12,640 --> 04:16:24,240
 little stream buffer, which if we'll go back to, it follows the eastern property boundary,

3505
04:16:24,240 --> 04:16:28,960
 so as you can see, this area was the area that they reserved that no multifamily would

3506
04:16:28,960 --> 04:16:34,840
 be permitted, that would be for retail and more commercial type uses adjacent to Teasley,

3507
04:16:34,840 --> 04:16:39,800
 and so it did include a portion of that property, the eastern portion of the property, and it

3508
04:16:39,800 --> 04:16:45,400
 looks like that line may have separated the subject property in two.

3509
04:16:45,400 --> 04:16:50,680
 In 2014, the property came back for another rezoning.

3510
04:16:50,680 --> 04:16:57,440
 It was to remove 30 acres, the area outlined in blue, from that NRMU and rezone that to

3511
04:16:57,440 --> 04:17:00,180
 NR6 for a single family development.

3512
04:17:00,180 --> 04:17:07,600
 The NRMU was maintained on the remainder 23 acres, that area outlined in black, with the

3513
04:17:07,600 --> 04:17:14,880
 following limitations, no multifamily dwellings were permitted, and that entire tract of 23

3514
04:17:14,880 --> 04:17:20,080
 acres could be developed with commercial uses, so no 50% limitation.

3515
04:17:20,080 --> 04:17:27,760
 Currently, in the 2019 request, they're proposing to maintain the existing NRMU zoning, so not

3516
04:17:27,760 --> 04:17:31,920
 change that underlying zoning, but remove that overlay restriction for the multifamily

3517
04:17:31,920 --> 04:17:38,160
 dwellings on 8.6 acres, so the subject property here, but keep that restriction in place for

3518
04:17:38,160 --> 04:17:42,320
 the remainder 15 adjacent to Teasley Lane.

3519
04:17:42,320 --> 04:17:46,000
 The criteria for approval for a rezoning case are in subchapter three of the Debt and Development

3520
04:17:46,000 --> 04:17:50,240
 Code, and the two criteria, does it conform with the future land use element of Debt and

3521
04:17:50,240 --> 04:17:55,380
 Plan 2030, and does it facilitate the adequate provision of public facilities?

3522
04:17:55,380 --> 04:17:59,920
 So in Debt and Plan 2030, the subject property has a future land use designation of community

3523
04:17:59,920 --> 04:18:00,920
 mixed use.

3524
04:18:00,920 --> 04:18:05,560
 It's intended to provide that mix of commercial uses, but with the complementary higher density

3525
04:18:05,560 --> 04:18:12,280
 residential uses, the intent is to have a diversity of use on any given property to

3526
04:18:12,280 --> 04:18:18,280
 increase economic vitality and create a sense of place, maybe have a walkable environment.

3527
04:18:18,280 --> 04:18:22,600
 Multifamily development is consistent with this future land use designation.

3528
04:18:22,600 --> 04:18:26,320
 Residential use is a complementary use for commercial centers.

3529
04:18:26,320 --> 04:18:31,440
 In this instance, in the way the future land use and the different parts of the future

3530
04:18:31,440 --> 04:18:38,480
 land use work together, the property to the west has that low residential future land

3531
04:18:38,480 --> 04:18:43,240
 use designation, so kind of more that single family suburban pattern, and you can see as

3532
04:18:43,240 --> 04:18:51,200
 you transition from the west toward the east, as you get closer to Teasley Lane, that transition

3533
04:18:51,200 --> 04:18:58,880
 goes from the low density to a more moderate density, and then the commercial center, and

3534
04:18:58,880 --> 04:19:05,760
 a multifamily use in this area really would contribute to that gradual transition of intensity.

3535
04:19:05,760 --> 04:19:10,960
 So it would provide an appropriate buffer.

3536
04:19:10,960 --> 04:19:19,240
 Denton Plan 2030 does predict growth for the city of Denton, and a variety of housing is

3537
04:19:19,240 --> 04:19:23,280
 going to be required in order to accommodate that growth, and that includes multifamily,

3538
04:19:23,280 --> 04:19:31,080
 and includes multifamily in areas that are in urbanized areas that are close to schools

3539
04:19:31,080 --> 04:19:33,320
 and shopping and areas of convenience.

3540
04:19:33,320 --> 04:19:37,640
 So the subject property is consistent with that.

3541
04:19:37,640 --> 04:19:40,920
 We also looked at the infrastructure, and we looked at quite a few factors considering

3542
04:19:40,920 --> 04:19:41,920
 infrastructure.

3543
04:19:41,920 --> 04:19:46,020
 So the first we looked at was a trip generation analysis.

3544
04:19:46,020 --> 04:19:51,320
 We compared the traffic volumes generated from what would be entitled today, so just

3545
04:19:51,320 --> 04:19:55,800
 a commercial retail center, versus what's proposed.

3546
04:19:55,800 --> 04:20:01,080
 So if the property was developed with 50,000 square feet of a shopping center, which would

3547
04:20:01,080 --> 04:20:05,560
 be permitted by right, it would generate about 1,800 trips per day.

3548
04:20:05,560 --> 04:20:12,040
 The proposed multifamily would generate about 1,100, so there really is a reduction.

3549
04:20:12,040 --> 04:20:19,520
 The multifamily would actually generate less traffic than a commercial use on this property.

3550
04:20:19,520 --> 04:20:23,920
 Any development on the site will require roadway impact fees.

3551
04:20:23,920 --> 04:20:32,140
 Before this proposed plan, they would have to pay approximately $265,000 or about $1,200

3552
04:20:32,140 --> 04:20:33,200
 per dwelling unit.

3553
04:20:33,200 --> 04:20:36,120
 This is used to implement our mobility plan.

3554
04:20:36,120 --> 04:20:40,240
 They would also be required to make access and perimeter street improvements.

3555
04:20:40,240 --> 04:20:47,120
 I did make one factual error in the work session that the applicant corrected me on, and that

3556
04:20:47,120 --> 04:20:53,920
 is the driveway onto Ryan Road will actually be right out only.

3557
04:20:53,920 --> 04:20:58,680
 That right end will be for emergency vehicles only, would be actually locked and only be

3558
04:20:58,680 --> 04:21:01,520
 accessed by emergency vehicles.

3559
04:21:01,520 --> 04:21:08,000
 So it really would push the traffic to that Hunters Creek and onto Teasley Lane.

3560
04:21:08,000 --> 04:21:10,360
 So there would be full access onto Hunters Creek.

3561
04:21:10,360 --> 04:21:16,520
 Hunters Creek was, when Teasley Trails was developed, was stubbed out to be continued

3562
04:21:16,520 --> 04:21:20,640
 in the future to connect that neighborhood to Teasley Lane.

3563
04:21:20,640 --> 04:21:27,120
 The developer, as a result of any development on the site, would be required to build that

3564
04:21:27,120 --> 04:21:30,640
 entire road, and there would be full access there.

3565
04:21:30,640 --> 04:21:37,840
 When we look at the mobility for the entire area, or at least the area that is kind of

3566
04:21:37,840 --> 04:21:44,240
 affected by that Hunters Creek road, we wanted to take a look at the neighborhoods as well

3567
04:21:44,240 --> 04:21:50,680
 as the proposed use and that future commercial development to see how that's going to affect

3568
04:21:50,680 --> 04:21:51,680
 those roads.

3569
04:21:51,680 --> 04:21:55,160
 So I've got Teasley Trails outlined here in blue.

3570
04:21:55,160 --> 04:22:00,600
 I only included those lots that kind of we really thought would maybe go toward the south

3571
04:22:00,600 --> 04:22:02,960
 to get onto Teasley or Ryan.

3572
04:22:02,960 --> 04:22:06,080
 Teasley Trails has several ways in and out.

3573
04:22:06,080 --> 04:22:13,000
 Ranch Man to the north, then you have the future Hunters Creek, that will be another

3574
04:22:13,000 --> 04:22:19,880
 way in and out of the neighborhood, and then they also have a full access driveway here

3575
04:22:19,880 --> 04:22:21,540
 to the south.

3576
04:22:21,540 --> 04:22:24,760
 So Teasley Trails has several ways in and out.

3577
04:22:24,760 --> 04:22:28,120
 It's kind of a different story for the neighborhood across Teasley.

3578
04:22:28,120 --> 04:22:34,620
 Summit Oaks really has Hunters Creek right here, and then one other street that connects

3579
04:22:34,620 --> 04:22:37,640
 to Teasley Lane to the north pretty close to each other.

3580
04:22:37,640 --> 04:22:43,480
 So there's really only one and a half ways in and out of that Summit Oaks neighborhood.

3581
04:22:43,480 --> 04:22:47,880
 So it really comes into play because it's going to put a lot of pressure on this connection

3582
04:22:47,880 --> 04:22:51,160
 right here and this intersection.

3583
04:22:51,160 --> 04:22:57,040
 So as we looked at that, we met with the developer's engineers and we met with our engineering

3584
04:22:57,040 --> 04:23:03,320
 department, and based upon the existing trips for the neighborhoods, the proposed trips

3585
04:23:03,320 --> 04:23:08,880
 for that proposed multifamily development and any future commercial development would

3586
04:23:08,880 --> 04:23:16,280
 probably meet the warrants at this location for a signal, for a light, and probably a

3587
04:23:16,280 --> 04:23:23,360
 deceleration lane going south onto Teasley as people were entering this commercial development.

3588
04:23:23,360 --> 04:23:27,160
 So here's those trips that we looked at to create this analysis.

3589
04:23:27,160 --> 04:23:32,520
 We looked at the surrounding single family, 430 dwelling units, creates about 4,000 trips

3590
04:23:32,520 --> 04:23:34,800
 per day for the ITE manual.

3591
04:23:34,800 --> 04:23:39,560
 The proposed multifamily, once again, is that 1165, and then we just took the uses that

3592
04:23:39,560 --> 04:23:45,240
 are permitted by right in NRMU and what we thought those kind of sizes would be.

3593
04:23:45,240 --> 04:23:52,520
 Now it's 15 acres, so probably several commercial uses would be located here, and so it would

3594
04:23:52,520 --> 04:23:55,800
 be some combination of those commercial uses.

3595
04:23:55,800 --> 04:24:00,520
 It could create a potential trips of about 11,000 trips, which would meet those warrants

3596
04:24:00,520 --> 04:24:04,400
 for that signal at Hunters Creek.

3597
04:24:04,400 --> 04:24:08,640
 Nearby capital improvements include both Teasley Lane and Ryan Road.

3598
04:24:08,640 --> 04:24:16,080
 Teasley Lane has been under expansion from two lane to that eventual six lane divided

3599
04:24:16,080 --> 04:24:18,460
 road.

3600
04:24:18,460 --> 04:24:22,480
 Construction is a bit stalled right now.

3601
04:24:22,480 --> 04:24:25,720
 They are looking at replacing the contractor.

3602
04:24:25,720 --> 04:24:28,240
 We don't have an end date for that.

3603
04:24:28,240 --> 04:24:34,720
 Ryan Road is on the November, the funding for that is on the November bond election

3604
04:24:34,720 --> 04:24:41,000
 to expand Ryan Road from a two lane undivided road to four lane divided road with sidewalks.

3605
04:24:41,000 --> 04:24:44,680
 There will be an increasing capacity in both of those roads.

3606
04:24:44,680 --> 04:24:50,420
 Additionally, the city has commissioned a transportation study for Southwest Denton.

3607
04:24:50,420 --> 04:24:51,420
 We've seen a lot of growth.

3608
04:24:51,420 --> 04:24:56,400
 We've seen a lot of projects come in this area, and those roads, we want to make sure

3609
04:24:56,400 --> 04:25:01,440
 that there is capacity and that especially improvements to Ryan Road and also Hickory

3610
04:25:01,440 --> 04:25:07,600
 Creek to the south will add additional places for traffic to go, disperse the traffic a

3611
04:25:07,600 --> 04:25:19,040
 little more instead of just funneling them onto very few roads with limited capacity.

3612
04:25:19,040 --> 04:25:21,560
 Water and wastewater, they are available to the site.

3613
04:25:21,560 --> 04:25:28,000
 There is a park, Lake Forest Park, is about 1600 feet from the southwest corner of the

3614
04:25:28,000 --> 04:25:32,840
 subject property, so it does meet the park's goal of ten minute walk to a park.

3615
04:25:32,840 --> 04:25:37,600
 They also as part of development would be required to do park dedication and development

3616
04:25:37,600 --> 04:25:38,600
 fees.

3617
04:25:38,600 --> 04:25:42,440
 The schools that are within the attendance zone, that's Sam Houston Elementary, McMath

3618
04:25:42,440 --> 04:25:46,160
 Middle, and then Denton High School, there is adequate capacity.

3619
04:25:46,160 --> 04:25:54,080
 We've let Denton ISD know that this proposal is coming before you and then City Council,

3620
04:25:54,080 --> 04:25:59,160
 and there's also a fire station near to make sure that there is adequate fire.

3621
04:25:59,160 --> 04:26:04,680
 So based upon the criteria for approval, staff recommends approval of the rezoning request

3622
04:26:04,680 --> 04:26:12,520
 to remove that overlay restriction, and now we'll go over some specific criteria for the

3623
04:26:12,520 --> 04:26:15,240
 site plan for the SUP.

3624
04:26:15,240 --> 04:26:18,920
 So the criteria for approval are in SUP Chapter 6 of the Denton Development Code.

3625
04:26:18,920 --> 04:26:22,400
 So we'll look at the site plan.

3626
04:26:22,400 --> 04:26:28,760
 The subject property is, or the development as proposed would include five three story

3627
04:26:28,760 --> 04:26:29,760
 buildings.

3628
04:26:29,760 --> 04:26:32,640
 They are in purple.

3629
04:26:32,640 --> 04:26:39,680
 It would also include access, as I said, to Hunters Creek and to Ryan Road, two open space

3630
04:26:39,680 --> 04:26:45,480
 areas or amenities in terms of the pool as well as a dog park.

3631
04:26:45,480 --> 04:26:52,840
 They are proposing about 59 percent lot coverage, which is less than the maximum permitted of

3632
04:26:52,840 --> 04:26:55,960
 80 percent, landscape area of 40 percent.

3633
04:26:55,960 --> 04:26:58,600
 They're proposing a maximum building height of 50 feet.

3634
04:26:58,600 --> 04:27:00,480
 I believe their building height is actually less than that.

3635
04:27:00,480 --> 04:27:07,720
 I think it's closer to 45 feet, and a maximum density of 24.8 dwelling units per acre.

3636
04:27:07,720 --> 04:27:15,280
 The required setback from single family uses for this type of use is 45 feet, depending

3637
04:27:15,280 --> 04:27:20,360
 on the height of the building, from the property line.

3638
04:27:20,360 --> 04:27:26,080
 They are proposing to set back the building's 101 feet, and you can see that blue line there

3639
04:27:26,080 --> 04:27:32,120
 is that 101 feet setback from that property line here.

3640
04:27:32,120 --> 04:27:38,400
 They're also proposing an eight foot precast fence along the property line, and also to

3641
04:27:38,400 --> 04:27:41,720
 ensure that there is adequate parking lot lighting, we want to make sure the parking

3642
04:27:41,720 --> 04:27:47,840
 lots are safe, but we also want to make sure that we minimize any glare to adjacent properties.

3643
04:27:47,840 --> 04:27:53,640
 We are recommending a condition that parking area light fixtures be held at a maximum height

3644
04:27:53,640 --> 04:27:58,880
 of 14 feet or less, and that they have an average illuminance of two foot candles.

3645
04:27:58,880 --> 04:28:02,540
 We're also meeting the parking racks.

3646
04:28:02,540 --> 04:28:09,960
 We reviewed the proposal under the new tree code, and per the new tree code they are required

3647
04:28:09,960 --> 04:28:18,000
 to preserve 30% of the DBH on site, and they are actually proposing to preserve 61% of

3648
04:28:18,000 --> 04:28:26,600
 that, and in part due to a couple of larger tree stands, one post oak tree stand here,

3649
04:28:26,600 --> 04:28:31,880
 and then also in this naturalized area, as well as some throughout the site.

3650
04:28:31,880 --> 04:28:40,600
 They're also proposing to plant 126 new large canopy trees, and then they are also proposing

3651
04:28:40,600 --> 04:28:45,240
 to keep that stream buffer, which is no longer an environmentally sensitive area, but to

3652
04:28:45,240 --> 04:28:47,200
 keep it naturalized.

3653
04:28:47,200 --> 04:28:54,880
 They are proposing to put some dog waste stations through there, though, just for the residents.

3654
04:28:54,880 --> 04:28:59,540
 The elevations show earth tone color scheme with an average of 40% brick or stone for

3655
04:28:59,540 --> 04:29:05,200
 the exterior finishes, and this is compatible with the character of the surrounding residential

3656
04:29:05,200 --> 04:29:07,000
 properties.

3657
04:29:07,000 --> 04:29:13,440
 We did a property tax analysis based upon the unimproved value of the land versus the

3658
04:29:13,440 --> 04:29:17,880
 difference with improvements based upon the numbers they gave us for what they think is

3659
04:29:17,880 --> 04:29:25,640
 the estimated improvements, and that shows a difference of $167,000 in a given year for

3660
04:29:25,640 --> 04:29:28,080
 city taxes paid.

3661
04:29:28,080 --> 04:29:35,480
 We sent out public notification for both the rezoning request and the SUP.

3662
04:29:35,480 --> 04:29:45,080
 For the zoning, we've received 14 letters in opposition, and the number has actually

3663
04:29:45,080 --> 04:29:49,000
 changed, the percentage is 12.27%.

3664
04:29:49,000 --> 04:29:57,680
 And then for the SUP, we've received 45 letters in opposition, and that's 19.11%.

3665
04:29:57,680 --> 04:30:04,440
 So staff recommends approval of the SUP in addition to the zoning case, tying that site

3666
04:30:04,440 --> 04:30:12,600
 plan, landscape plan, and elevations to that SUP, and additionally with another condition

3667
04:30:12,600 --> 04:30:21,840
 that those parking area light fixtures be capped at heights that would prevent that

3668
04:30:21,840 --> 04:30:26,160
 glare from the adjacent properties, but also provide enough illumination.

3669
04:30:26,160 --> 04:30:29,360
 And the applicant is here, and I'll stand for questions.

3670
04:30:29,360 --> 04:30:30,360
 We got several.

3671
04:30:30,360 --> 04:30:31,360
 Commissioner Smith.

3672
04:30:31,360 --> 04:30:32,360
 Thank you, Chair.

3673
04:30:32,360 --> 04:30:38,680
 Julie, can you explain to me the process in which after a vote for an approval here and

3674
04:30:38,680 --> 04:30:45,560
 a vote for approval at council, the next step, there would be a TIA at some point in time,

3675
04:30:45,560 --> 04:30:46,560
 correct?

3676
04:30:46,560 --> 04:30:51,120
 What is TechStock looking for from that TIA to predicate whether or not a street light

3677
04:30:51,120 --> 04:30:53,400
 needs to be put in?

3678
04:30:53,400 --> 04:30:58,980
 My discussions with our engineering group is that the commercial component will have

3679
04:30:58,980 --> 04:31:06,080
 to be developed at the corner for it to meet the warrants for a light.

3680
04:31:06,080 --> 04:31:11,800
 There's nothing else that can be done in this process from a recommendation and putting

3681
04:31:11,800 --> 04:31:15,520
 it into the ordinance to be able to get this to the point where we can make the street

3682
04:31:15,520 --> 04:31:22,840
 light tied to this project itself.

3683
04:31:22,840 --> 04:31:26,160
 We can continue talking with engineering.

3684
04:31:26,160 --> 04:31:31,040
 It could certainly be something that- Basically what you're saying is that city engineering

3685
04:31:31,040 --> 04:31:34,880
 has to tell TechStock that yes, we see that there is a need for a street light here.

3686
04:31:34,880 --> 04:31:35,880
 Yes.

3687
04:31:35,880 --> 04:31:36,880
 Yes.

3688
04:31:36,880 --> 04:31:37,880
 Okay.

3689
04:31:37,880 --> 04:31:38,880
 We agree with you.

3690
04:31:38,880 --> 04:31:40,800
 Our engineering group looks at TechStock's warrants for that.

3691
04:31:40,800 --> 04:31:46,360
 They work hand in hand about what those warrants are.

3692
04:31:46,360 --> 04:31:50,200
 In my discussions with them, it just wasn't there until the commercial piece was developed.

3693
04:31:50,200 --> 04:31:55,840
 Is there a chance that the trip generation and the TIA will come back different?

3694
04:31:55,840 --> 04:32:02,480
 That trip generation is based upon those industry standards defined by the ITE manual.

3695
04:32:02,480 --> 04:32:10,640
 I don't anticipate those numbers changing because it's a manual published.

3696
04:32:10,640 --> 04:32:15,440
 It's used by all engineers as their established baseline for those uses.

3697
04:32:15,440 --> 04:32:18,560
 I don't anticipate those trips changing.

3698
04:32:18,560 --> 04:32:19,560
 Okay.

3699
04:32:19,560 --> 04:32:21,880
 If I can ask Richard to speak into that.

3700
04:32:21,880 --> 04:32:27,080
 I just wanted to also add, I think part of the problem is with TZ being under construction,

3701
04:32:27,080 --> 04:32:33,520
 it's really hard to get good data as far as how many trips are currently being, are occurring

3702
04:32:33,520 --> 04:32:35,360
 on that segment of the right of way.

3703
04:32:35,360 --> 04:32:42,840
 I think once this development, by the time it actually is built and is open, hopefully

3704
04:32:42,840 --> 04:32:47,540
 Teasley will be done within the next two years.

3705
04:32:47,540 --> 04:32:52,560
 At that time, I think we'll have a much better idea as far as what's actually occurring on

3706
04:32:52,560 --> 04:32:53,560
 Teasley.

3707
04:32:53,560 --> 04:33:02,440
 Again, in terms of width, think of 2499, six lane divided.

3708
04:33:02,440 --> 04:33:03,440
 Thank you.

3709
04:33:03,440 --> 04:33:04,440
 Commissioner Beck.

3710
04:33:04,440 --> 04:33:05,440
 Thank you, Chair.

3711
04:33:05,440 --> 04:33:06,440
 Thank you, Julie.

3712
04:33:06,440 --> 04:33:14,040
 If I were standing in the backyard of the houses, but up to just on the west with these

3713
04:33:14,040 --> 04:33:20,760
 three story apartments, but you've got that 100 foot setback, if I stood in the backyard,

3714
04:33:20,760 --> 04:33:24,880
 would I be able to see the tops of those roofs, do you know?

3715
04:33:24,880 --> 04:33:36,040
 We did ask the applicant to bring a view shed study, but that edge was a point of discussion

3716
04:33:36,040 --> 04:33:42,960
 that we had with the applicant a lot.

3717
04:33:42,960 --> 04:33:52,240
 That setback is critical and that tree preservation and the trees being planned, that is a really

3718
04:33:52,240 --> 04:33:58,480
 critical component because we wanted to make sure that there was buffering.

3719
04:33:58,480 --> 04:34:03,840
 This is a residential use and so it's a residential use of budding, a residential use, but you

3720
04:34:03,840 --> 04:34:08,640
 do want to make sure that those edges, that you think about them and that you're thoughtful

3721
04:34:08,640 --> 04:34:13,280
 about them, and so that's why we really, we talked with the applicant a lot about that

3722
04:34:13,280 --> 04:34:14,280
 area.

3723
04:34:14,280 --> 04:34:21,920
 And I'm glad, and I agree, that's something that doesn't have to fall on them, but the

3724
04:34:21,920 --> 04:34:27,040
 concerns of neighbors are going to be what they're seeing, so if that does, and it seems

3725
04:34:27,040 --> 04:34:31,240
 like it should with the trees, the 100 foot and everything, but I was just curious, and

3726
04:34:31,240 --> 04:34:33,760
 he can address it when it comes down.

3727
04:34:33,760 --> 04:34:39,240
 The only other thing I want to say is thank you, Julie, for your super trooper performance

3728
04:34:39,240 --> 04:34:41,880
 tonight, for handling the bulk of the presentations.

3729
04:34:41,880 --> 04:34:47,680
 You're starting to fade there a little bit at the end, but you hung in there good.

3730
04:34:47,680 --> 04:34:48,680
 Thanks so much.

3731
04:34:48,680 --> 04:34:51,920
 So, Julie, I have two questions.

3732
04:34:51,920 --> 04:34:56,600
 The first is maybe a more pointed question of Commissioner Smith's.

3733
04:34:56,600 --> 04:35:01,960
 Has the city ever been able to overturn state warrants for a light to be issued?

3734
04:35:01,960 --> 04:35:10,240
 I think TextDOT listens to the city, for what I've been told in my experience, and that

3735
04:35:10,240 --> 04:35:18,320
 they do work in conjunction to make sure our roadways function well and that are safe.

3736
04:35:18,320 --> 04:35:23,880
 So, if there can be a demonstration that those warrants are met, I'm sure our engineering

3737
04:35:23,880 --> 04:35:33,960
 department will definitely be presenting that information to TextDOT to ensure that those

3738
04:35:33,960 --> 04:35:37,600
 residents are considered in those decisions.

3739
04:35:37,600 --> 04:35:38,600
 Perfect.

3740
04:35:38,600 --> 04:35:42,280
 The other question I have is, can you go back to, it might be the very first slide where

3741
04:35:42,280 --> 04:35:50,160
 you had the overlay kind of sketched out, that little dotted line.

3742
04:35:50,160 --> 04:35:51,560
 Oh, that one?

3743
04:35:51,560 --> 04:35:52,560
 Yeah.

3744
04:35:52,560 --> 04:35:56,080
 So, can you go to the next slide in 2014?

3745
04:35:56,080 --> 04:35:58,960
 I'm sorry.

3746
04:35:58,960 --> 04:35:59,960
 Go back to 2008.

3747
04:35:59,960 --> 04:36:02,720
 What was the initial zoning of this, MRMU?

3748
04:36:02,720 --> 04:36:08,800
 In 2014, the request came to simply separate some of the MRMU to NR6, right?

3749
04:36:08,800 --> 04:36:09,800
 Correct.

3750
04:36:09,800 --> 04:36:10,800
 And it just left NRMU.

3751
04:36:10,800 --> 04:36:11,800
 Yes, sir.

3752
04:36:11,800 --> 04:36:17,720
 That was not the subject of that rezoning in 2014, correct?

3753
04:36:17,720 --> 04:36:18,720
 They're breaking off a piece.

3754
04:36:18,720 --> 04:36:19,720
 Correct.

3755
04:36:19,720 --> 04:36:20,720
 They were.

3756
04:36:20,720 --> 04:36:21,720
 And then there's an untouched piece.

3757
04:36:21,720 --> 04:36:29,960
 Well, they did, it was a part of it because they did change those overlay to, it looks

3758
04:36:29,960 --> 04:36:37,880
 like to me that they probably expanded that prohibition of multifamily dwellings as well

3759
04:36:37,880 --> 04:36:43,880
 as then removed that 50% provision.

3760
04:36:43,880 --> 04:36:48,600
 So the original overlay restriction said no more than 50% of the site could be developed

3761
04:36:48,600 --> 04:36:49,600
 with commercial retail.

3762
04:36:49,600 --> 04:36:53,960
 So they said, no, you could develop this whole area with commercial retail.

3763
04:36:53,960 --> 04:36:57,160
 Which is less than 50% of the initial one.

3764
04:36:57,160 --> 04:36:59,800
 So that was a de facto.

3765
04:36:59,800 --> 04:37:00,800
 They separated it in half.

3766
04:37:00,800 --> 04:37:03,560
 You don't need the half provision anymore.

3767
04:37:03,560 --> 04:37:08,280
 That comes to maybe my point more directly, maybe we can pull the minutes and I can find

3768
04:37:08,280 --> 04:37:09,280
 this out later.

3769
04:37:09,280 --> 04:37:18,400
 But it seems like in 2014, the overlay, I'm going to speculate here, was just put, mistakes

3770
04:37:18,400 --> 04:37:20,240
 might be a strong word.

3771
04:37:20,240 --> 04:37:25,360
 But the initial MRMU said, let's have commercial up front, we're okay with MRMU in the back.

3772
04:37:25,360 --> 04:37:29,720
 And then 2014 comes, we're like, okay, let's get some houses in the back and then let's

3773
04:37:29,720 --> 04:37:33,520
 extend this overlay over, which was not the intent in 2008.

3774
04:37:33,520 --> 04:37:38,400
 The intent in 2008 was that area west of the creek to be NRMU.

3775
04:37:38,400 --> 04:37:42,120
 So it seems like, in my opinion, the overlay, we just need to correct a mistake on item

3776
04:37:42,120 --> 04:37:45,160
 F and then look at an SUP for item G.

3777
04:37:45,160 --> 04:37:50,920
 Do you have any context of why an overlay was extended when the initial hearing, it

3778
04:37:50,920 --> 04:37:55,800
 seems, was someone came to split NR6 out?

3779
04:37:55,800 --> 04:38:01,760
 Here is my understanding, is that, first of all, in both of these rezoning cases, we had

3780
04:38:01,760 --> 04:38:04,320
 a different comprehensive plan.

3781
04:38:04,320 --> 04:38:09,720
 Our dent plan 2030 was not adopted until 2015, so these were actually analyzed under a different

3782
04:38:09,720 --> 04:38:14,400
 future land use designation, which was infill compatibility area.

3783
04:38:14,400 --> 04:38:18,880
 So we really didn't have this as one of those centers that we have now.

3784
04:38:18,880 --> 04:38:21,000
 So that was one item.

3785
04:38:21,000 --> 04:38:29,320
 But as a part of staff's analysis, they wanted to reserve this area for commercial development.

3786
04:38:29,320 --> 04:38:33,200
 That was their intent at that time, was they wanted all commercial development at this

3787
04:38:33,200 --> 04:38:40,480
 corner and then they broke off that residential portion and made it NR6.

3788
04:38:40,480 --> 04:38:48,040
 So I appreciate that context, just so I understand, in 2008, city officials were under the mindset

3789
04:38:48,040 --> 04:38:53,720
 that commercial should be Teasley fronting, and in 2014, they made the decision that commercial

3790
04:38:53,720 --> 04:38:58,960
 should be both on Ryan Road and Teasley, and now we're making a decision to put commercial

3791
04:38:58,960 --> 04:39:01,600
 just back to Teasley.

3792
04:39:01,600 --> 04:39:05,080
 That might be an oversimplification, but that's what we're kind of looking at this evening,

3793
04:39:05,080 --> 04:39:11,360
 is to take away, or obviously the SGPs from multifamilies, to remove commercial from being

3794
04:39:11,360 --> 04:39:16,200
 on Ryan Road, in essence.

3795
04:39:16,200 --> 04:39:25,560
 I think that, and really that's part of our analysis, was that commercial uses, they are

3796
04:39:25,560 --> 04:39:31,160
 appropriate on Teasley, because you do have the frontage and the access and the visibility.

3797
04:39:31,160 --> 04:39:36,000
 In terms of multifamily, multifamily is a really good transitional use between sort

3798
04:39:36,000 --> 04:39:42,160
 of that moderate density housing and a commercial, so that you don't have a large commercial

3799
04:39:42,160 --> 04:39:43,880
 development backing up to these houses.

3800
04:39:43,880 --> 04:39:49,120
 You have a residential use, albeit a more dense residential use, but a residential use

3801
04:39:49,120 --> 04:39:51,880
 than transitioning and providing that buffer area.

3802
04:39:51,880 --> 04:39:54,080
 That really was a part of our analysis as well.

3803
04:39:54,080 --> 04:40:02,680
 Are you familiar with any property on Ryan Road that is commercial?

3804
04:40:02,680 --> 04:40:05,160
 I am not aware of any property.

3805
04:40:05,160 --> 04:40:06,160
 Okay.

3806
04:40:06,160 --> 04:40:09,600
 Except for the Walmart is right here at this location.

3807
04:40:09,600 --> 04:40:10,600
 Which is a Teasley address.

3808
04:40:10,600 --> 04:40:11,600
 Mm-hmm.

3809
04:40:11,600 --> 04:40:12,600
 Walmart's right there.

3810
04:40:12,600 --> 04:40:13,600
 There's an entrance for that gas station into the ...

3811
04:40:13,600 --> 04:40:14,600
 Yes, sir.

3812
04:40:14,600 --> 04:40:15,600
 Right.

3813
04:40:15,600 --> 04:40:16,600
 Okay.

3814
04:40:16,600 --> 04:40:17,600
 Thank you.

3815
04:40:17,600 --> 04:40:18,600
 Sure.

3816
04:40:18,600 --> 04:40:19,600
 You ... Commissioner Smith.

3817
04:40:19,600 --> 04:40:20,600
 Thank you, Chair.

3818
04:40:20,600 --> 04:40:24,840
 One question that I had that popped up while I was thinking about it, back to the ... I'm

3819
04:40:24,840 --> 04:40:30,160
 going to be the one guy that's going to stand on the lone hill by this dang traffic light,

3820
04:40:30,160 --> 04:40:31,160
 I swear.

3821
04:40:31,160 --> 04:40:37,360
 When engineering is looking at those, the TIA and everything else deciding, and a commercial

3822
04:40:37,360 --> 04:40:43,120
 is going to be the big deal, at what point in the planning process is it that they say,

3823
04:40:43,120 --> 04:40:44,120
 "Okay.

3824
04:40:44,120 --> 04:40:47,880
 Now, this commercial there, is it building is created?

3825
04:40:47,880 --> 04:40:48,880
 There's doors are open.

3826
04:40:48,880 --> 04:40:49,880
 Businesses are there.

3827
04:40:49,880 --> 04:40:53,520
 Right now, we need to put a streetlight in, or is it lots are ready to be sold?

3828
04:40:53,520 --> 04:40:57,200
 Is it lots have been bought and the preliminary plan has been submitted?

3829
04:40:57,200 --> 04:41:01,040
 What part in the process here is it to where engineering is going to say, "All right, streetlight

3830
04:41:01,040 --> 04:41:02,040
 is now predicated"?

3831
04:41:02,040 --> 04:41:08,680
 It is my understanding that streetlights don't ... The way TxDOT typically works is that

3832
04:41:08,680 --> 04:41:13,800
 they don't ... They have to meet the warrants before the light could come in.

3833
04:41:13,800 --> 04:41:19,040
 The commercial would have to be in place and generating the traffic before the light would

3834
04:41:19,040 --> 04:41:20,760
 be warranted there.

3835
04:41:20,760 --> 04:41:28,160
 That's my understanding of the way that TxDOT has worked.

3836
04:41:28,160 --> 04:41:32,920
 We can talk to our engineering about how that works.

3837
04:41:32,920 --> 04:41:38,680
 As I said, we are undertaking a traffic study for this whole area.

3838
04:41:38,680 --> 04:41:43,460
 Part of our analysis in all of this is we do have quite a few neighborhoods within the

3839
04:41:43,460 --> 04:41:46,920
 city of Denton that have one way in and one way out.

3840
04:41:46,920 --> 04:41:48,640
 How are we addressing that?

3841
04:41:48,640 --> 04:41:56,120
 Especially the getting out of your house in the morning.

3842
04:41:56,120 --> 04:42:01,440
 The traffic study may also yield additional results, but right now that is the information

3843
04:42:01,440 --> 04:42:03,280
 that I've been getting.

3844
04:42:03,280 --> 04:42:07,680
 How much different in the results it's going to get that the trip generation is given out?

3845
04:42:07,680 --> 04:42:10,960
 How much different in results is it needed for engineering to get to the point where

3846
04:42:10,960 --> 04:42:12,440
 a streetlight would be required?

3847
04:42:12,440 --> 04:42:18,560
 Then I'll just make a side note here that's dumb of them to ... I'm sorry, I'm just going

3848
04:42:18,560 --> 04:42:22,320
 to say what it is, but it's to say that you need to build the commercial for the traffic

3849
04:42:22,320 --> 04:42:25,240
 to be there before we start then putting a streetlight in.

3850
04:42:25,240 --> 04:42:27,920
 Same as backwards, but that's just me.

3851
04:42:27,920 --> 04:42:31,440
 My original question, you can write that down, let engineering know, I said they're dumb

3852
04:42:31,440 --> 04:42:40,240
 D-U-M-B, but the original question was the difference between the traffic generation

3853
04:42:40,240 --> 04:42:46,200
 now and the TIA done, how much are we talking about difference here?

3854
04:42:46,200 --> 04:42:48,900
 For the residential component or the commercial department?

3855
04:42:48,900 --> 04:42:49,900
 Residential component.

3856
04:42:49,900 --> 04:42:53,360
 If we're doing a TIA in this process and it comes back that is different than what we're

3857
04:42:53,360 --> 04:42:57,680
 seeing as the trip generation right now, how much different are we talking about?

3858
04:42:57,680 --> 04:43:02,120
 I know you said it was something between ... I think at work session it says 5,000, 5,500

3859
04:43:02,120 --> 04:43:03,120
 in trips.

3860
04:43:03,120 --> 04:43:08,640
 Yeah, this one here and then now it's 11,005 after commercials included and what can be

3861
04:43:08,640 --> 04:43:09,640
 there?

3862
04:43:09,640 --> 04:43:10,640
 Are we 1,000 away?

3863
04:43:10,640 --> 04:43:11,840
 Are we 7,000 away?

3864
04:43:11,840 --> 04:43:12,840
 I don't have that number.

3865
04:43:12,840 --> 04:43:13,840
 Got it.

3866
04:43:13,840 --> 04:43:14,840
 Sorry.

3867
04:43:14,840 --> 04:43:15,840
 Thanks.

3868
04:43:15,840 --> 04:43:16,840
 Crystal Beck.

3869
04:43:16,840 --> 04:43:17,840
 Thank you, Chair.

3870
04:43:17,840 --> 04:43:21,080
 I almost forgot the question I was going to ask you.

3871
04:43:21,080 --> 04:43:24,920
 From what I was reading from comments from some of the homeowners in the area that the

3872
04:43:24,920 --> 04:43:34,240
 idea that apartments are inundating us and among other things create problems.

3873
04:43:34,240 --> 04:43:40,800
 Other than the apartments further down TZ land across from Geyer, what's the closest?

3874
04:43:40,800 --> 04:43:44,280
 Within a half mile radius are there apartments?

3875
04:43:44,280 --> 04:43:50,560
 We looked at multi-family developments within the vicinity of the site and the closest ones

3876
04:43:50,560 --> 04:43:54,760
 would be the apartments down off of Geyer or the ones at Unicorn Lake.

3877
04:43:54,760 --> 04:43:55,760
 Unicorn Lake.

3878
04:43:55,760 --> 04:43:56,760
 Okay.

3879
04:43:56,760 --> 04:44:00,680
 There's not a lot of multi-family.

3880
04:44:00,680 --> 04:44:05,760
 There weren't a lot within this specific area.

3881
04:44:05,760 --> 04:44:06,760
 Okay.

3882
04:44:06,760 --> 04:44:07,760
 Thank you.

3883
04:44:07,760 --> 04:44:09,040
 That's all the questions, Julie.

3884
04:44:09,040 --> 04:44:10,040
 Thanks.

3885
04:44:10,040 --> 04:44:11,040
 This is a public hearing.

3886
04:44:11,040 --> 04:44:16,740
 First, we'll have the applicant give a presentation and then we'll go to the cards in the stack

3887
04:44:16,740 --> 04:44:17,740
 here.

3888
04:44:17,740 --> 04:44:25,840
 The first is Thomas Fletcher and Thomas, you and David Marks and Darren Dobbins will all

3889
04:44:25,840 --> 04:44:28,440
 have a combined 20 minutes.

3890
04:44:28,440 --> 04:44:33,880
 I need you to state your name and address for record.

3891
04:44:33,880 --> 04:44:34,880
 Good evening.

3892
04:44:34,880 --> 04:44:36,640
 Thank you, Chairman and Commissioners.

3893
04:44:36,640 --> 04:44:38,440
 My name is Thomas Fletcher with Kinley Horne.

3894
04:44:38,440 --> 04:44:45,400
 I'm the engineer for the applicant, 6160 Warren Parkway, Frisco, Texas, 75034, here

3895
04:44:45,400 --> 04:44:51,560
 as well as David Marks, the potential developer and Darren Dobbins, the architect for the

3896
04:44:51,560 --> 04:44:52,560
 project.

3897
04:44:52,560 --> 04:44:57,520
 I'll be giving the presentation tonight, but the architect and developer here for questions

3898
04:44:57,520 --> 04:45:00,640
 that may be relevant to them.

3899
04:45:00,640 --> 04:45:04,040
 Really the agenda I want to talk about is site history.

3900
04:45:04,040 --> 04:45:08,040
 Commissioner Rosell, a lot of the questions that you are asking about the history of the

3901
04:45:08,040 --> 04:45:10,720
 project, I think I'll be able to touch on.

3902
04:45:10,720 --> 04:45:15,400
 Existing site conditions, the proposed site plan, an overview of Hickory Creek Ranch Apartments,

3903
04:45:15,400 --> 04:45:17,800
 which are the apartments across from Geyer.

3904
04:45:17,800 --> 04:45:20,800
 This is the same developer that did that project.

3905
04:45:20,800 --> 04:45:28,440
 The workforce housing need, kind of the economics of our project for the city, projects schedule,

3906
04:45:28,440 --> 04:45:32,120
 traffic impact analysis and a summary.

3907
04:45:32,120 --> 04:45:37,880
 Really for site history, the Denton West Joint Venture Mobile Home Park was constructed in

3908
04:45:37,880 --> 04:45:39,560
 1970.

3909
04:45:39,560 --> 04:45:44,280
 About 50 years ago when it was developed, it was outside the city limits.

3910
04:45:44,280 --> 04:45:52,200
 At the time, it was approximately 310 mobile home spaces on just over 54 acres.

3911
04:45:52,200 --> 04:45:56,400
 In 1975, the property was annexed into the city.

3912
04:45:56,400 --> 04:46:01,500
 At the time it was annexed, it was placed in the Agricultural Zoning District.

3913
04:46:01,500 --> 04:46:04,840
 It was a nonconforming use to that district.

3914
04:46:04,840 --> 04:46:12,640
 In 2002, the city did an initiated citywide rezoning and at that time the subject tract

3915
04:46:12,640 --> 04:46:15,000
 was placed in NR2 Zoning District.

3916
04:46:15,000 --> 04:46:21,440
 At that time it was still a nonconforming use in the NR2 Zoning District.

3917
04:46:21,440 --> 04:46:27,360
 In 2008, Springbrook Planning Group resumed the property to NRMU and that was ordinance

3918
04:46:27,360 --> 04:46:31,600
 2008-045 with the following conditions.

3919
04:46:31,600 --> 04:46:35,760
 Only 50% of the property could be developed as commercial retail.

3920
04:46:35,760 --> 04:46:42,400
 That would allow approximately 27 acres total for commercial retail and that no multifamily

3921
04:46:42,400 --> 04:46:46,160
 shall be permitted fronting Teasley Lane.

3922
04:46:46,160 --> 04:46:51,600
 Julie showed the exhibit that showed that boundary line which for the most part followed the

3923
04:46:51,600 --> 04:46:52,600
 creek line.

3924
04:46:52,600 --> 04:46:59,320
 There was a small portion on the west side of the creek that was outside of that limits.

3925
04:46:59,320 --> 04:47:04,400
 For reference with that ordinance, there was a dimension of 960 feet.

3926
04:47:04,400 --> 04:47:09,120
 From the west property boundary over to that line was 960 feet.

3927
04:47:09,120 --> 04:47:11,760
 That was dimensioned on that exhibit.

3928
04:47:11,760 --> 04:47:16,560
 Because we've done a survey of the tract, we knew the length going north-south, that

3929
04:47:16,560 --> 04:47:20,320
 was approximately 34.7 acres.

3930
04:47:20,320 --> 04:47:27,320
 With the zoning change in 2008 and a maximum of 30 units per acre, the city council at

3931
04:47:27,320 --> 04:47:34,400
 that time essentially approved the development or the opportunity for development of just

3932
04:47:34,400 --> 04:47:37,600
 over a thousand multifamily units.

3933
04:47:37,600 --> 04:47:39,960
 So I think that's important.

3934
04:47:39,960 --> 04:47:46,680
 In 2014, Bob Shelton Enterprises put the portion of the property under contract that was developed

3935
04:47:46,680 --> 04:47:53,720
 as single family and did a rezone into two tracts, tract A being NR6 and tract B being

3936
04:47:53,720 --> 04:48:00,000
 NRMU, and that was approved as ordinance 2014-075.

3937
04:48:00,000 --> 04:48:04,680
 In order to gain the staff support, certain conditions were placed on that.

3938
04:48:04,680 --> 04:48:09,720
 The tract A has been developed under those conditions and the tract B conditions for

3939
04:48:09,720 --> 04:48:16,720
 NRMU was that no multifamily units were permitted and that the entirety of tract B could be

3940
04:48:16,720 --> 04:48:19,440
 developed as commercial retail.

3941
04:48:19,440 --> 04:48:25,160
 So at that time, so the initial zoning application that was made at that time was just for the

3942
04:48:25,160 --> 04:48:26,160
 residential.

3943
04:48:26,160 --> 04:48:31,120
 So when we made our initial, I was the engineer for that application, so I worked with the

3944
04:48:31,120 --> 04:48:37,520
 city during that process, provided the presentation to PNZ and council for that zoning project.

3945
04:48:37,520 --> 04:48:43,040
 So originally we were going to submit just the zoning for the NR6 portion.

3946
04:48:43,040 --> 04:48:48,600
 Because there was the overlay condition, what the city staff stated is that if they approved

3947
04:48:48,600 --> 04:48:54,000
 the NR6, there was still the condition on the remainder and because the remainder was

3948
04:48:54,000 --> 04:49:01,000
 being reduced by roughly half, then only half of the remainder could be developed as commercial.

3949
04:49:01,000 --> 04:49:05,100
 So the remainder was roughly 24 acres, so they said if we didn't include the entire

3950
04:49:05,100 --> 04:49:11,200
 tract in the zoning, then only 12 of the 24 acres could be utilized as commercial retail.

3951
04:49:11,200 --> 04:49:13,440
 So they asked us to do the whole tract.

3952
04:49:13,440 --> 04:49:17,560
 When we were going through that process, they said we would really like to see this developed

3953
04:49:17,560 --> 04:49:22,680
 as a commercial site and not do any multifamily.

3954
04:49:22,680 --> 04:49:30,040
 So the staff was actually the one that asked us as the applicant to remove the multifamily

3955
04:49:30,040 --> 04:49:32,600
 designation from the tract.

3956
04:49:32,600 --> 04:49:39,600
 It wasn't offered by the developer, it wasn't requested by PNZ or council, it was the staff

3957
04:49:39,600 --> 04:49:43,280
 at the time, their request to the applicant.

3958
04:49:43,280 --> 04:49:49,960
 This is actually an exhibit that we put together back in 2014 that shows how a commercial grocer

3959
04:49:49,960 --> 04:49:56,480
 could go there, along with a fueling station, some strip center retail, and then a couple

3960
04:49:56,480 --> 04:49:59,080
 of restaurant pads.

3961
04:49:59,080 --> 04:50:03,200
 In addition to this, we were working with the city at the time for their lift station.

3962
04:50:03,200 --> 04:50:08,780
 The city had a need for reconstruction of the Denton West lift station, so we were working

3963
04:50:08,780 --> 04:50:14,360
 with them and included where that new lift station would go in this development plan

3964
04:50:14,360 --> 04:50:19,400
 so that we were kind of looking and making sure that if we donated this land to the city

3965
04:50:19,400 --> 04:50:25,560
 or an easement to the city for the lift station, that we could still work with the proposed

3966
04:50:25,560 --> 04:50:26,560
 development.

3967
04:50:26,560 --> 04:50:30,720
 So that kind of gives you a little bit of background of where that zoning condition

3968
04:50:30,720 --> 04:50:34,240
 and overlay kind of came in.

3969
04:50:34,240 --> 04:50:40,880
 Act B has been marketed heavily since 2014 zoning ordinance, with the neighborhood Walmart

3970
04:50:40,880 --> 04:50:45,680
 adjacent to us, Kroger down the street, Sprouts coming in at a different location, there really

3971
04:50:45,680 --> 04:50:51,700
 is just not the opportunity for a grocer or big box retail in this area.

3972
04:50:51,700 --> 04:50:58,040
 So after kind of exhausting those options, we really looked at what makes the most sense

3973
04:50:58,040 --> 04:51:03,280
 as far as the Denton 2030 plan, what is the natural transition between commercial retail

3974
04:51:03,280 --> 04:51:07,800
 and the existing residential, and that's why we brought before you the case for the

3975
04:51:07,800 --> 04:51:09,440
 zoning tonight.

3976
04:51:09,440 --> 04:51:12,640
 So this is a couple of pictures that shows the site history.

3977
04:51:12,640 --> 04:51:18,720
 If you look at the aerial from 2005, you can see the multi-family or the mobile home development

3978
04:51:18,720 --> 04:51:20,740
 in West Joint Venture.

3979
04:51:20,740 --> 04:51:27,240
 There was 300, it's a highly dense development, just over six units per acre.

3980
04:51:27,240 --> 04:51:30,000
 Development was right adjacent to the creek.

3981
04:51:30,000 --> 04:51:34,160
 There's a lot of utilities and crossings and other things going through the creek.

3982
04:51:34,160 --> 04:51:38,200
 And then the aerial on the lower right is what it looks like today.

3983
04:51:38,200 --> 04:51:45,120
 This is an aerial from 2018, so that you can see the Teasley Trails Phase 3 and Phase 4

3984
04:51:45,120 --> 04:51:49,620
 that are fully developed out in this aerial, and you can see the remnants of the mobile

3985
04:51:49,620 --> 04:51:50,960
 home park.

3986
04:51:50,960 --> 04:51:56,340
 Another thing to point out is within the Teasley Trails Phase 3 and 4, that's within what was

3987
04:51:56,340 --> 04:52:02,760
 what the Denton West Joint Venture tract, there's about 128 residential homes.

3988
04:52:02,760 --> 04:52:10,960
 So with our proposed request for multi-family with 214 units, you would have about 342 total

3989
04:52:10,960 --> 04:52:17,520
 units between the two projects combined, and that's compared to what was the potential

3990
04:52:17,520 --> 04:52:19,880
 of over 1,000 multi-family units.

3991
04:52:19,880 --> 04:52:26,080
 So even the density combined with the single-family detached and the multi-family, it's significantly

3992
04:52:26,080 --> 04:52:30,720
 less than what was approved by Council or what was approved by Zoning and the Council

3993
04:52:30,720 --> 04:52:33,800
 in 2008.

3994
04:52:33,800 --> 04:52:38,920
 Existing site conditions, that just shows the area that is under consideration for zoning

3995
04:52:38,920 --> 04:52:40,400
 tonight.

3996
04:52:40,400 --> 04:52:44,200
 Here's some pictures of the existing conditions.

3997
04:52:44,200 --> 04:52:48,000
 In the lower right, you see the mobile home park.

3998
04:52:48,000 --> 04:52:51,520
 Because it's no longer in use, it's deteriorating.

3999
04:52:51,520 --> 04:52:57,960
 It needs to be, right now it's kind of an eyesore if you're familiar with the area.

4000
04:52:57,960 --> 04:53:00,800
 The remaining facilities are in disrepair.

4001
04:53:00,800 --> 04:53:05,120
 You've got an abandoned utility cabinet that's in the upper picture.

4002
04:53:05,120 --> 04:53:07,520
 You've got the old clubhouse in the lower picture.

4003
04:53:07,520 --> 04:53:14,700
 There has been instances where you've had vagrants or homeless that have been utilizing

4004
04:53:14,700 --> 04:53:19,400
 that clubhouse, and there's been calls where the police have had to go out there and address

4005
04:53:19,400 --> 04:53:20,400
 that issue.

4006
04:53:20,400 --> 04:53:26,400
 However, with this development, all of this existing infrastructure will be cleaned up

4007
04:53:26,400 --> 04:53:28,240
 with the development.

4008
04:53:28,240 --> 04:53:33,080
 All the utilities that are currently crossing the creek, there's gas lines, there's communication

4009
04:53:33,080 --> 04:53:37,560
 lines, there's water and sewer lines, all those would be removed and the creek would

4010
04:53:37,560 --> 04:53:40,740
 be restored.

4011
04:53:40,740 --> 04:53:45,680
 So back on January 3rd of this year, we had our first neighborhood meeting.

4012
04:53:45,680 --> 04:53:50,120
 The exhibit that you see before you was our initial site plan.

4013
04:53:50,120 --> 04:53:55,760
 This initial site plan had 225 units and 304 bedrooms.

4014
04:53:55,760 --> 04:54:02,480
 The buildings closest to the residential property line were within 71 feet, 11 inches, so just

4015
04:54:02,480 --> 04:54:04,400
 under 72 feet.

4016
04:54:04,400 --> 04:54:09,120
 When we had met with the city previously, they had provided the minimum setback, and

4017
04:54:09,120 --> 04:54:13,920
 at the time of this plan, we felt like we were making a great concerted effort to push

4018
04:54:13,920 --> 04:54:19,080
 those buildings further away, and then after meeting with the citizens and listening to

4019
04:54:19,080 --> 04:54:23,520
 their concerns, we took it a step further and moved them even further away.

4020
04:54:23,520 --> 04:54:28,680
 You can also notice along the western boundary we show about nine trees there, so since that

4021
04:54:28,680 --> 04:54:33,680
 initial neighborhood meeting, we increased our tree planning to provide more living screen

4022
04:54:33,680 --> 04:54:41,680
 in addition to that masonry buffer that's going to be provided along that boundary.

4023
04:54:41,680 --> 04:54:48,600
 We talked about allowable uses that may not provide as much tree preservation, may not

4024
04:54:48,600 --> 04:54:55,400
 provide as much open space at those meetings, and talked about the cleaning up of the existing

4025
04:54:55,400 --> 04:54:57,200
 site.

4026
04:54:57,200 --> 04:55:03,240
 Just for your reference, the existing site, just for this 8.6 acres, it's about a quarter

4027
04:55:03,240 --> 04:55:09,740
 of a million dollar cleanup project, so it is a substantial cost to the development in

4028
04:55:09,740 --> 04:55:15,120
 order to go in there and clean all that up, dispose of it properly, and get the tract

4029
04:55:15,120 --> 04:55:17,420
 ready for development.

4030
04:55:17,420 --> 04:55:23,760
 This is the development site plan that Julia shared, and it was also what we shared as

4031
04:55:23,760 --> 04:55:25,600
 part of our second neighborhood meeting.

4032
04:55:25,600 --> 04:55:29,960
 I'll also mention at our initial neighborhood meeting, we had 53 people that signed our

4033
04:55:29,960 --> 04:55:30,960
 sign-in sheet.

4034
04:55:30,960 --> 04:55:34,440
 It felt like we probably had 60 to 65 people there.

4035
04:55:34,440 --> 04:55:38,080
 At the second neighborhood meeting, we only had five in attendance.

4036
04:55:38,080 --> 04:55:42,000
 We did hold the neighborhood meeting at the Hickory Creek Ranch apartments just down the

4037
04:55:42,000 --> 04:55:47,000
 road so that they would be able to see the quality of the development that would go in.

4038
04:55:47,000 --> 04:55:51,020
 With our second neighborhood meeting, we changed our layout.

4039
04:55:51,020 --> 04:55:55,280
 We reduced the unit count to 214 units.

4040
04:55:55,280 --> 04:55:59,080
 We reduced the bedroom count to 282 bedrooms.

4041
04:55:59,080 --> 04:56:06,360
 This is 4.9% less units and 7.2% less bedrooms than the original plan.

4042
04:56:06,360 --> 04:56:14,500
 It's also about 17% less than what would be allowed under NRMU at 30 units per acre.

4043
04:56:14,500 --> 04:56:20,760
 With this site plan, we relocated the buildings and made all buildings a minimum of 101 feet

4044
04:56:20,760 --> 04:56:22,560
 from the property line.

4045
04:56:22,560 --> 04:56:27,920
 The nearest dumpster is 123 foot away, so we moved the dumpsters as well.

4046
04:56:27,920 --> 04:56:30,760
 We increased our open space and our tree preservation.

4047
04:56:30,760 --> 04:56:36,940
 As Julie mentioned, our open space is 40% of the site, which is double what's required

4048
04:56:36,940 --> 04:56:39,160
 with the zoning.

4049
04:56:39,160 --> 04:56:47,160
 Our tree preservation is 61% of the canopy, which is double the 30% within the new ordinance.

4050
04:56:47,160 --> 04:56:54,160
 We've laid the development out in a manner that promotes preservation, open space, and

4051
04:56:54,160 --> 04:56:58,280
 good environmental design.

4052
04:56:58,280 --> 04:57:04,120
 Just another close-up, it shows the site plan, the trees, the proposed trees.

4053
04:57:04,120 --> 04:57:09,120
 You can see along that western boundary, we've got about 22 new tree plantings that are proposed.

4054
04:57:09,120 --> 04:57:15,600
 Along with the trees that are being preserved that are existing up in the northwest.

4055
04:57:15,600 --> 04:57:21,040
 Then the tree preservation under the new code, when you take into account the mitigation

4056
04:57:21,040 --> 04:57:29,320
 credit, our preservation inches are about four times what that mitigation requirement

4057
04:57:29,320 --> 04:57:30,560
 would have been.

4058
04:57:30,560 --> 04:57:35,800
 Significant user amenities, we have clubhouse and resort-style pool, outdoor grills, fitness

4059
04:57:35,800 --> 04:57:41,160
 room, community spaces, dog park, bike racks, electric car charging station.

4060
04:57:41,160 --> 04:57:45,000
 It's a well-adminitized development.

4061
04:57:45,000 --> 04:57:50,920
 The proposed elevation, contemporary in design with architectural lines, diversity of high-quality

4062
04:57:50,920 --> 04:57:54,760
 materials and contrasting earth tones.

4063
04:57:54,760 --> 04:57:57,160
 Here's some pictures of Hickory Creek Ranch.

4064
04:57:57,160 --> 04:58:01,700
 I just wanted to go through and show you what the development would look like.

4065
04:58:01,700 --> 04:58:07,040
 When Hickory Creek Ranch was developed, this is a project that's in the county.

4066
04:58:07,040 --> 04:58:13,440
 There's not as stringent building codes, but the developer, Marksman Realty, because he

4067
04:58:13,440 --> 04:58:20,040
 built this for the long-term and is part of the project and still is owner and runs the

4068
04:58:20,040 --> 04:58:24,800
 management company, he wanted to make sure that he was building a project that was going

4069
04:58:24,800 --> 04:58:25,800
 to last.

4070
04:58:25,800 --> 04:58:31,920
 You can see within the picture the quality of the materials, the different materials,

4071
04:58:31,920 --> 04:58:35,960
 the different contrasting tones.

4072
04:58:35,960 --> 04:58:41,320
 Here's the outdoor area, the clubhouse, and you've got outdoor cabanas and pavilions.

4073
04:58:41,320 --> 04:58:46,120
 You have the outdoor resort-style swimming pool.

4074
04:58:46,120 --> 04:58:51,400
 All the HVAC equipment is roof-mounted and screened, so you don't have to worry about

4075
04:58:51,400 --> 04:58:56,240
 seeing all the AC condenser units on the ground.

4076
04:58:56,240 --> 04:59:01,480
 That's another benefit to the development, the proposed development.

4077
04:59:01,480 --> 04:59:05,320
 The gated dog park with dog waste stations.

4078
04:59:05,320 --> 04:59:09,720
 There's available garage parking and there's available carport parking, so the residents

4079
04:59:09,720 --> 04:59:15,120
 have that opportunity to utilize that resource there.

4080
04:59:15,120 --> 04:59:17,840
 The interior, it's high-quality materials as well.

4081
04:59:17,840 --> 04:59:23,520
 You can see there's stone columns, there's exposed beams, there's high-quality floors,

4082
04:59:23,520 --> 04:59:29,000
 there's gathering areas, there's a kitchen area, fitness center.

4083
04:59:29,000 --> 04:59:31,480
 You've got fireplace and seating areas.

4084
04:59:31,480 --> 04:59:36,120
 You've got the community kitchen and serving area, so the residents have the ability to

4085
04:59:36,120 --> 04:59:40,120
 reserve these spaces and utilize them for events.

4086
04:59:40,120 --> 04:59:43,560
 The interiors are well-appointed.

4087
04:59:43,560 --> 04:59:46,840
 All the kitchens and bathrooms have granite countertops.

4088
04:59:46,840 --> 04:59:49,080
 There's French doors to the balconies.

4089
04:59:49,080 --> 04:59:51,360
 They have stainless steel appliances.

4090
04:59:51,360 --> 04:59:59,520
 They have high-end flooring and all units have connections to full-size washer and dryer.

4091
04:59:59,520 --> 05:00:02,800
 The next slide is workforce housing need.

4092
05:00:02,800 --> 05:00:09,080
 Really the demand, there is a significant demand in this area of Denton.

4093
05:00:09,080 --> 05:00:14,640
 What David has found with the Hickory Creek Ranch Apartments is that it leased up much

4094
05:00:14,640 --> 05:00:17,720
 faster than what they anticipated.

4095
05:00:17,720 --> 05:00:22,260
 The other thing that they found is that the one-bedroom apartments are what is highest

4096
05:00:22,260 --> 05:00:25,120
 in demand.

4097
05:00:25,120 --> 05:00:27,800
 Home builders don't build one-bedroom homes.

4098
05:00:27,800 --> 05:00:33,240
 Most people that are, whether they're single or what their situation is, if they have the

4099
05:00:33,240 --> 05:00:38,420
 need for a one-bedroom apartment, that just isn't out there and readily available.

4100
05:00:38,420 --> 05:00:43,440
 With our development, what we're proposing is 71% one-bedroom.

4101
05:00:43,440 --> 05:00:48,800
 With the Hickory Creek Ranch, it had 64% one-bedroom.

4102
05:00:48,800 --> 05:00:53,720
 With one-bedroom units replacing more two- and three-bedroom units, it means an overall

4103
05:00:53,720 --> 05:00:58,200
 reduction on the property population compared to other multifamily developments that may

4104
05:00:58,200 --> 05:01:01,200
 have a different percentage.

4105
05:01:01,200 --> 05:01:05,760
 As far as the development standards or the leasing requirements within Hunter's Creek

4106
05:01:05,760 --> 05:01:10,720
 Ranch Apartments, there is no maximum income restriction.

4107
05:01:10,720 --> 05:01:17,760
 Hunter Creek Apartments is not a rent-subsidized property, and there is no low-income restrictions

4108
05:01:17,760 --> 05:01:19,080
 or requirements.

4109
05:01:19,080 --> 05:01:23,360
 A lot of the comments that we saw from the neighbors was they were concerned about Section

4110
05:01:23,360 --> 05:01:31,680
 8 housing, and was this development going to bring crime and that type of situation,

4111
05:01:31,680 --> 05:01:32,680
 and that's not.

4112
05:01:32,680 --> 05:01:35,640
 It's a market rate development.

4113
05:01:35,640 --> 05:01:38,280
 The management verifies income.

4114
05:01:38,280 --> 05:01:41,920
 The income has to meet three times the rent.

4115
05:01:41,920 --> 05:01:44,960
 They also do mandatory background checks.

4116
05:01:44,960 --> 05:01:52,400
 If there are people that are staying within the apartment that are on the lease but may

4117
05:01:52,400 --> 05:01:56,560
 not be the leasee, if they're 18 and older, they go through that criminal background check

4118
05:01:56,560 --> 05:01:58,200
 as well.

4119
05:01:58,200 --> 05:02:03,840
 For Hickory Creek Ranch, the average household income is just over $66,000, and the average

4120
05:02:03,840 --> 05:02:09,520
 monthly rent is just under $1,300.

4121
05:02:09,520 --> 05:02:10,520
 Economics of the project.

4122
05:02:10,520 --> 05:02:13,800
 A project of this size that's going to create this value for the city.

4123
05:02:13,800 --> 05:02:18,080
 There's a lot of different things that provide benefit to the city.

4124
05:02:18,080 --> 05:02:23,720
 Approximate economic impacts for the upfront developments, estimated to be just over a

4125
05:02:23,720 --> 05:02:25,120
 million dollars.

4126
05:02:25,120 --> 05:02:28,520
 There's about $385,000 in water impact fees.

4127
05:02:28,520 --> 05:02:32,000
 There's about $210,000 in sewer impact fees.

4128
05:02:32,000 --> 05:02:38,880
 There's about $265,000 in roadway, $125,000 in park dedication based on the current appraised

4129
05:02:38,880 --> 05:02:43,240
 value, and roughly $40,000 from the park development fees.

4130
05:02:43,240 --> 05:02:50,440
 In addition to that, with just a $25 million valuation, you would have city taxes of $155,000

4131
05:02:50,440 --> 05:02:53,940
 and ISD taxes of about $385,000.

4132
05:02:53,940 --> 05:03:01,460
 As that value increases, so does that tax revenue for both the city and the DISD.

4133
05:03:01,460 --> 05:03:07,280
 So we were in the neighborhood meetings, the concern about ISD and how is the impact on

4134
05:03:07,280 --> 05:03:08,340
 the schools.

4135
05:03:08,340 --> 05:03:12,960
 So Julie has already kind of gone over that, but we did reach out to the ISD and talked

4136
05:03:12,960 --> 05:03:18,240
 to them, and we found out they provided their ratios for a market rate development.

4137
05:03:18,240 --> 05:03:20,560
 That was one of the first questions they asked us.

4138
05:03:20,560 --> 05:03:21,560
 Is it market rate?

4139
05:03:21,560 --> 05:03:22,960
 Is it subsidized?

4140
05:03:22,960 --> 05:03:24,760
 Because that affects the ratios.

4141
05:03:24,760 --> 05:03:28,360
 But our development would generate roughly 50 students.

4142
05:03:28,360 --> 05:03:33,400
 That would be distributed roughly 26 to the elementary, 11 to middle school, and 13 to

4143
05:03:33,400 --> 05:03:34,520
 the high school.

4144
05:03:34,520 --> 05:03:42,040
 If this had been a subsidized project, that would have generated roughly 122 students.

4145
05:03:42,040 --> 05:03:46,800
 So you can see the difference there in the two types of projects.

4146
05:03:46,800 --> 05:03:47,800
 Roadway improvements.

4147
05:03:47,800 --> 05:03:50,480
 Teasley is currently under construction.

4148
05:03:50,480 --> 05:03:54,280
 I know the timeframe for that was supposed to be within three years, and I know that's

4149
05:03:54,280 --> 05:03:55,880
 kind of on hold.

4150
05:03:55,880 --> 05:03:59,340
 But that is, I know TechStot's working with the bonding company and trying to get that

4151
05:03:59,340 --> 05:04:02,400
 resolved so that that can get back under construction.

4152
05:04:02,400 --> 05:04:06,560
 Hunters Creek Road, which would be designed and constructed as a collector, that would

4153
05:04:06,560 --> 05:04:08,000
 be by the developer.

4154
05:04:08,000 --> 05:04:14,280
 So the development would provide that construction of that roadway and the connection to Teasley.

4155
05:04:14,280 --> 05:04:19,080
 And we have already coordinated with the TechStot engineer for that connection.

4156
05:04:19,080 --> 05:04:23,920
 So once that project gets going again, there's been conversations on how to make that.

4157
05:04:23,920 --> 05:04:28,440
 It's currently the plan show connection to the old Mobile Home Park, and we want to,

4158
05:04:28,440 --> 05:04:30,680
 we're working with them to make that adjustment.

4159
05:04:30,680 --> 05:04:36,000
 Ryan Road improvements, four-lane arterial to be included with the bond application in

4160
05:04:36,000 --> 05:04:37,060
 the fall.

4161
05:04:37,060 --> 05:04:38,280
 That's underway.

4162
05:04:38,280 --> 05:04:43,280
 And then the multifamily project is expected to be constructed about 90% occupied after

4163
05:04:43,280 --> 05:04:45,680
 all these roadway improvements are done.

4164
05:04:45,680 --> 05:04:53,160
 So we have about a year of entitlements, about 18 to 22 months of construction, and then

4165
05:04:53,160 --> 05:05:00,720
 we have the leasing period before it will fully impact that roadway system.

4166
05:05:00,720 --> 05:05:05,280
 This is an exhibit that shows the ultimate build out just so that you can see the thoroughfares.

4167
05:05:05,280 --> 05:05:10,360
 You can see Teasley is a six-lane divided, Ryan Road is a four-lane divided, and then

4168
05:05:10,360 --> 05:05:15,640
 Hunters Creek is the collector section with two lanes out, one lane in.

4169
05:05:15,640 --> 05:05:22,040
 So the ultimate conditions that will be in place when this development is fully leased

4170
05:05:22,040 --> 05:05:27,840
 would support the development, and as Julie mentioned, the multifamily development actually

4171
05:05:27,840 --> 05:05:34,040
 generates less traffic than what the commercial, a commercial development would generate.

4172
05:05:34,040 --> 05:05:38,760
 Here's the section that you had asked about as far as the sight lines.

4173
05:05:38,760 --> 05:05:43,800
 Depending on where you stand in the backyard would depend on what you're able to see.

4174
05:05:43,800 --> 05:05:48,320
 I'm just under six feet or I'm five foot eight with an eight-foot masonry wall.

4175
05:05:48,320 --> 05:05:52,400
 We're talking about a little over two feet higher than my height.

4176
05:05:52,400 --> 05:05:57,740
 So I mean that's a pretty large wall with the trees that will be planted.

4177
05:05:57,740 --> 05:06:03,440
 Generally a three-inch tree is 12 to 14 feet, and with the spacing you would have, those

4178
05:06:03,440 --> 05:06:08,920
 would create a pretty nice living screen through there that would kind of block that view as

4179
05:06:08,920 --> 05:06:12,600
 someone's looking out their backyard.

4180
05:06:12,600 --> 05:06:14,280
 And then just a quick summary.

4181
05:06:14,280 --> 05:06:18,880
 It's compatible with the neighborhood retail mixed use, provides the transition between

4182
05:06:18,880 --> 05:06:21,200
 the commercial and the residential.

4183
05:06:21,200 --> 05:06:26,320
 The site plan is done in a manner that exceeds the city's criteria.

4184
05:06:26,320 --> 05:06:31,960
 It creates a positive environmental impact by restoring the creek, preserving trees,

4185
05:06:31,960 --> 05:06:36,440
 providing additional open space, and then it redevelops the remnants of that mobile

4186
05:06:36,440 --> 05:06:41,880
 home park, and it provides the much-needed workforce housing that the city of Denton

4187
05:06:41,880 --> 05:06:43,760
 needs in this area.

4188
05:06:43,760 --> 05:06:47,280
 And with that, I appreciate your time and will be glad to answer any questions.

4189
05:06:47,280 --> 05:06:50,320
 It looks like we have one, Mr. Smith.

4190
05:06:50,320 --> 05:06:52,600
 Thank you, Chair.

4191
05:06:52,600 --> 05:06:58,120
 About how long, what's the length of time to develop this actual site itself?

4192
05:06:58,120 --> 05:07:02,900
 So it's the construction itself, generally for this number of units and buildings is

4193
05:07:02,900 --> 05:07:07,000
 typically 18 to 24 months, so you're talking about it.

4194
05:07:07,000 --> 05:07:09,880
 The longest 24 months until it's occupied.

4195
05:07:09,880 --> 05:07:14,520
 Well, when you talk about, so there's really three steps that we go through.

4196
05:07:14,520 --> 05:07:19,360
 The first step is the construction plan, design approval, and the financing.

4197
05:07:19,360 --> 05:07:21,560
 That in itself will take about 10 to 12 months.

4198
05:07:21,560 --> 05:07:27,080
 So we're talking about breaking ground on the project roughly 10 to 12 months from today.

4199
05:07:27,080 --> 05:07:31,960
 The construction of the project itself will take about 18 to 24 months.

4200
05:07:31,960 --> 05:07:36,280
 So we're talking about, now we're at two and a half to three years out.

4201
05:07:36,280 --> 05:07:42,000
 And then the leasing, what they've estimated is about 15 to 16 units per month.

4202
05:07:42,000 --> 05:07:48,460
 So when you look at that, it's going to take about 15 to 18 months to lease the site out.

4203
05:07:48,460 --> 05:07:49,460
 So if we're...

4204
05:07:49,460 --> 05:07:50,460
 So you're talking four years to...

4205
05:07:50,460 --> 05:07:55,800
 We're talking about four years before all the units are leased up.

4206
05:07:55,800 --> 05:07:56,800
 Great.

4207
05:07:56,800 --> 05:07:57,800
 Thanks.

4208
05:07:57,800 --> 05:07:59,200
 I don't see any other questions.

4209
05:07:59,200 --> 05:08:00,200
 Thank you.

4210
05:08:00,200 --> 05:08:03,200
 Thank you.

4211
05:08:03,200 --> 05:08:04,200
 This is a public hearing.

4212
05:08:04,200 --> 05:08:06,280
 Anyone wishing to speak may certainly do so.

4213
05:08:06,280 --> 05:08:07,760
 We do have a couple of cards.

4214
05:08:07,760 --> 05:08:19,460
 The first one will be Monica Miller, followed by Chris Hill.

4215
05:08:19,460 --> 05:08:21,480
 So Chris is going to come first and then Monica.

4216
05:08:21,480 --> 05:08:22,480
 Yeah.

4217
05:08:22,480 --> 05:08:23,480
 Perfect.

4218
05:08:23,480 --> 05:08:27,520
 If you could just state your name and address for the record.

4219
05:08:27,520 --> 05:08:30,020
 Chris Hill, 4013 Jenicker.

4220
05:08:30,020 --> 05:08:37,080
 I'd like to pull up one of his slides, if possible, that shows the apartments backing

4221
05:08:37,080 --> 05:08:39,760
 up to my backyard.

4222
05:08:39,760 --> 05:08:46,560
 And Kathy, just so, since we're double agenda, let's do six minutes.

4223
05:08:46,560 --> 05:08:47,560
 Okay.

4224
05:08:47,560 --> 05:08:52,800
 Basically, the bottom of that little backwards seat is my backyard.

4225
05:08:52,800 --> 05:08:53,800
 Okay.

4226
05:08:53,800 --> 05:09:02,360
 That's 50 feet high, I don't care what size wall you put there.

4227
05:09:02,360 --> 05:09:08,760
 It's not going to block anything if I put a pole in there and I want to go swimming.

4228
05:09:08,760 --> 05:09:13,080
 This is, you know, we moved in here thinking this is a green belt.

4229
05:09:13,080 --> 05:09:17,920
 This is NRMU, all they can do is commercial, they can't do anything with this.

4230
05:09:17,920 --> 05:09:24,360
 Now I'm told that's a whole new bag of goods since they can put apartments there if we

4231
05:09:24,360 --> 05:09:26,160
 let this happen.

4232
05:09:26,160 --> 05:09:31,920
 My last house, they did the same thing and I know it's not section eight housing, crime

4233
05:09:31,920 --> 05:09:38,880
 comes with apartments, apartment management changes like socks, it just doesn't work.

4234
05:09:38,880 --> 05:09:42,960
 And I moved out here to a somewhat rural area.

4235
05:09:42,960 --> 05:09:50,960
 I realize it's an NR6, not NR2 or 3, but I also moved out here with the intent of getting

4236
05:09:50,960 --> 05:09:57,560
 away from Louisville, and that's what we're becoming if we put apartments up.

4237
05:09:57,560 --> 05:09:59,680
 Thank you very much, Commissioner.

4238
05:09:59,680 --> 05:10:00,680
 Yeah, thank you.

4239
05:10:00,680 --> 05:10:02,720
 Chris, can I ask you a quick question, Mr. Hill?

4240
05:10:02,720 --> 05:10:03,720
 Yes, please.

4241
05:10:03,720 --> 05:10:07,840
 Just for clarification, are you saying you'd prefer a grocery store?

4242
05:10:07,840 --> 05:10:12,240
 I would prefer anything that's not 50 feet above my, or 40 feet above my fence line.

4243
05:10:12,240 --> 05:10:13,240
 The height is the...

4244
05:10:13,240 --> 05:10:14,240
 Yeah.

4245
05:10:14,240 --> 05:10:15,240
 It looks into my backyard.

4246
05:10:15,240 --> 05:10:16,240
 Okay.

4247
05:10:16,240 --> 05:10:17,240
 Yeah, I'd prefer another Walmart.

4248
05:10:17,240 --> 05:10:18,240
 Gotcha.

4249
05:10:18,240 --> 05:10:19,240
 I appreciate that clarification.

4250
05:10:19,240 --> 05:10:20,240
 Thank you.

4251
05:10:20,240 --> 05:10:23,480
 Yes, sir.

4252
05:10:23,480 --> 05:10:28,120
 Next is Monica Miller, and then that will be followed by Richard Anson, if I pronounced

4253
05:10:28,120 --> 05:10:29,120
 that right.

4254
05:10:29,120 --> 05:10:46,720
 Perfectly fine.

4255
05:10:46,720 --> 05:10:47,720
 My name is Monica Miller.

4256
05:10:47,720 --> 05:10:51,560
 I live at 4017 Jennerker Drive.

4257
05:10:51,560 --> 05:10:52,560
 We will also...

4258
05:10:52,560 --> 05:10:58,240
 My home would be the home that faces the closest to the fence line of the... where the apartments

4259
05:10:58,240 --> 05:10:59,240
 would be.

4260
05:10:59,240 --> 05:11:01,120
 I'd like to speak to you as a mother.

4261
05:11:01,120 --> 05:11:03,520
 I'd like to speak to your heart.

4262
05:11:03,520 --> 05:11:11,480
 When we moved here, we had to move here due to my husband's job, and I have a medically

4263
05:11:11,480 --> 05:11:12,480
 fragile daughter.

4264
05:11:12,480 --> 05:11:14,720
 She's completely dependent.

4265
05:11:14,720 --> 05:11:16,480
 She cannot sit, walk, or talk.

4266
05:11:16,480 --> 05:11:17,480
 She has a trachea.

4267
05:11:17,480 --> 05:11:20,080
 She has a feeding tube.

4268
05:11:20,080 --> 05:11:23,360
 She has a generalized seizure disorder.

4269
05:11:23,360 --> 05:11:28,680
 The reason we chose this spot to live in, which took time, is number one, it had to

4270
05:11:28,680 --> 05:11:33,620
 be able to accommodate her needs as far as plumbing, so we could plumb in a medical tub

4271
05:11:33,620 --> 05:11:35,920
 and other things that she needs.

4272
05:11:35,920 --> 05:11:39,360
 Number two, it's quiet.

4273
05:11:39,360 --> 05:11:45,240
 A lot of noise and things like that trigger seizures for my daughter.

4274
05:11:45,240 --> 05:11:48,920
 One of the biggest things in our life, and I'm sorry if I get emotional, is sitting out

4275
05:11:48,920 --> 05:11:55,800
 back on our back patio, so she can listen to the birds and listen to the sounds of nature.

4276
05:11:55,800 --> 05:12:02,720
 We can't do a lot of coming and going because of all of her needs.

4277
05:12:02,720 --> 05:12:07,720
 I would like to show you a picture of my daughter, just so you can know.

4278
05:12:07,720 --> 05:12:13,720
 My daughter's in her bag enjoying her... her big baby one.

4279
05:12:13,720 --> 05:12:18,480
 So, Ms. Miller, I think it would be best if you could walk to the mic and just set it

4280
05:12:18,480 --> 05:12:23,480
 next to you, then everyone can see at the same time and people at home can still hear

4281
05:12:23,480 --> 05:12:24,480
 you.

4282
05:12:24,480 --> 05:12:25,480
 I don't know how to do all this.

4283
05:12:25,480 --> 05:12:26,480
 Just set it right there in the center.

4284
05:12:26,480 --> 05:12:27,480
 Right there?

4285
05:12:27,480 --> 05:12:30,480
 Can you tap the screen?

4286
05:12:30,480 --> 05:12:31,480
 Is it sleeping?

4287
05:12:31,480 --> 05:12:32,480
 There you go.

4288
05:12:32,480 --> 05:12:33,480
 Well, I don't know if you can...

4289
05:12:33,480 --> 05:12:34,480
 No, we'll...

4290
05:12:34,480 --> 05:12:35,480
 That's better.

4291
05:12:35,480 --> 05:12:36,480
 We'll fix it.

4292
05:12:36,480 --> 05:12:37,480
 Okay.

4293
05:12:37,480 --> 05:12:38,480
 Anyway, this is my Kaylee.

4294
05:12:38,480 --> 05:12:41,440
 You can't really see her tragus stuff, but this is a big part of our world.

4295
05:12:41,440 --> 05:12:45,960
 When we go sit out back and she can listen to the birds and she can listen to the sounds

4296
05:12:45,960 --> 05:12:56,340
 of nature and just the thought of having apartment buildings right in our backyard, really.

4297
05:12:56,340 --> 05:13:00,200
 I feel like it's an invasion of our privacy to have people...

4298
05:13:00,200 --> 05:13:01,200
 I don't care.

4299
05:13:01,200 --> 05:13:02,920
 I know you're going to be able to see in.

4300
05:13:02,920 --> 05:13:10,200
 People are going to be able to look down there and see in our backyard and the sounds of

4301
05:13:10,200 --> 05:13:15,120
 construction, all the construction that's going to go on, there goes all that piece.

4302
05:13:15,120 --> 05:13:20,480
 She can't sit out there and listen to all that and just not trigger seizures constantly.

4303
05:13:20,480 --> 05:13:23,800
 That peace and quiet is what's a big thing in our world.

4304
05:13:23,800 --> 05:13:29,600
 I know it's just one person, but I'm sure there's other people that moved out there.

4305
05:13:29,600 --> 05:13:31,920
 They have their personal reasons.

4306
05:13:31,920 --> 05:13:32,920
 It took quite a while.

4307
05:13:32,920 --> 05:13:38,240
 I had to stay behind because it's difficult for us to buy a home or sell a home before

4308
05:13:38,240 --> 05:13:39,240
 we buy a home.

4309
05:13:39,240 --> 05:13:42,400
 We can't just move into an apartment while we get a place ready for her.

4310
05:13:42,400 --> 05:13:48,920
 There's a lot of things required to get this home ready to bring our daughter here.

4311
05:13:48,920 --> 05:13:50,720
 It took a lot of time.

4312
05:13:50,720 --> 05:13:52,000
 This home fit our need.

4313
05:13:52,000 --> 05:13:56,560
 We were able to plumb a medical tub into her room.

4314
05:13:56,560 --> 05:14:02,120
 We were able to meet...

4315
05:14:02,120 --> 05:14:05,680
 Really one of the big requirements for me to make this move was to have a spot for her

4316
05:14:05,680 --> 05:14:10,160
 that could be peaceful and that we could continue to live our life the way we have to live our

4317
05:14:10,160 --> 05:14:11,840
 life.

4318
05:14:11,840 --> 05:14:15,040
 I would just ask that you would consider these things.

4319
05:14:15,040 --> 05:14:19,280
 Look at it from your heart.

4320
05:14:19,280 --> 05:14:25,640
 I understand that there's other needs that go on and she's not the only need, but she's

4321
05:14:25,640 --> 05:14:28,920
 a big part of my world.

4322
05:14:28,920 --> 05:14:34,600
 That's a big reason we moved there and we'd like to ask you to please consider that, that

4323
05:14:34,600 --> 05:14:35,600
 we'd like to keep our privacy.

4324
05:14:35,600 --> 05:14:36,600
 I guess that's about it.

4325
05:14:36,600 --> 05:14:37,600
 Thank you.

4326
05:14:37,600 --> 05:14:42,040
 Well, I appreciate you coming and staying up late and being here to give that testimony.

4327
05:14:42,040 --> 05:14:43,040
 Thank you.

4328
05:14:43,040 --> 05:14:44,040
 Yeah, I do have to be up all night.

4329
05:14:44,040 --> 05:14:48,720
 I have help that's there helping her and staying late so I could be here for this.

4330
05:14:48,720 --> 05:14:53,560
 I'm up overnight with my child, so she is 24-hour care.

4331
05:14:53,560 --> 05:14:54,560
 That is another thing.

4332
05:14:54,560 --> 05:15:00,520
 Oh, the other thing is that I really believe that by putting in that whatever street, Hunter's,

4333
05:15:00,520 --> 05:15:05,240
 whatever, I don't think everybody's going to come in to their apartment building off

4334
05:15:05,240 --> 05:15:06,240
 of Teasley.

4335
05:15:06,240 --> 05:15:07,720
 They're going to have to utilize all the entrances.

4336
05:15:07,720 --> 05:15:12,440
 They're going to have to come in through Ryan, onto Commerce, make a right, which goes right

4337
05:15:12,440 --> 05:15:13,440
 in front of my home.

4338
05:15:13,440 --> 05:15:17,920
 I believe it's going to bring a lot of traffic into our area.

4339
05:15:17,920 --> 05:15:18,920
 That's another thing.

4340
05:15:18,920 --> 05:15:23,640
 When you go on walks, you've got to deal with all this traffic coming through.

4341
05:15:23,640 --> 05:15:28,360
 I really believe it's going to disturb the peace and quiet we have in our neighborhood

4342
05:15:28,360 --> 05:15:29,360
 and crime.

4343
05:15:29,360 --> 05:15:34,160
 I know you're saying that there's not going to be a lot of crime, and maybe there won't

4344
05:15:34,160 --> 05:15:35,160
 be.

4345
05:15:35,160 --> 05:15:36,160
 I don't know.

4346
05:15:36,160 --> 05:15:39,120
 It's always a part of the picture.

4347
05:15:39,120 --> 05:15:40,120
 So thank you.

4348
05:15:40,120 --> 05:15:41,120
 Thank you.

4349
05:15:41,120 --> 05:15:56,280
 So, Mr. Hill, we typically don't allow for repeat, but we can go ahead and ...

4350
05:15:56,280 --> 05:16:07,160
 I personally faxed over 70 proposal forms last night, 35 to each one of these that are

4351
05:16:07,160 --> 05:16:13,240
 close enough, within 200 feet of where we're seeking these apartments.

4352
05:16:13,240 --> 05:16:14,480
 You submitted those to the city?

4353
05:16:14,480 --> 05:16:18,400
 I submitted them to the fax member that Julie sent out the letter.

4354
05:16:18,400 --> 05:16:19,400
 Okay.

4355
05:16:19,400 --> 05:16:24,760
 They're probably in the stack of papers we have.

4356
05:16:24,760 --> 05:16:25,760
 Okay.

4357
05:16:25,760 --> 05:16:27,680
 So the next one we have is Richard Anson.

4358
05:16:27,680 --> 05:16:28,680
 Yes.

4359
05:16:28,680 --> 05:16:29,680
 I'm sorry.

4360
05:16:29,680 --> 05:16:32,440
 Then it'll be Nathan Tune.

4361
05:16:32,440 --> 05:16:41,200
 I'm Richard Anson, 3809 Genaker, and I was told that there were 74 certified letters

4362
05:16:41,200 --> 05:16:48,240
 sent out, and if her numbers are correct, 44, 45 came back.

4363
05:16:48,240 --> 05:16:53,840
 Her numbers, percentages are all wrong, so there's something really haywire in the counting.

4364
05:16:53,840 --> 05:17:03,560
 But one of the things that you saw in the work session, there was no talk about the

4365
05:17:03,560 --> 05:17:07,480
 backup on the corner of Ryan and Teasley.

4366
05:17:07,480 --> 05:17:14,400
 When people come south on Teasley, they stop at Ryan because of the light, but they can't

4367
05:17:14,400 --> 05:17:22,760
 proceed on because Robinson Road, which turns left to go to 2499, backs up all the way to

4368
05:17:22,760 --> 05:17:28,920
 Ryan until they can get through that, traffic is at a standstill.

4369
05:17:28,920 --> 05:17:36,400
 So when they come down Teasley, they immediately turn off on Moonsail, or they turn off on

4370
05:17:36,400 --> 05:17:43,200
 Ranchman, turn around and come down Genaker, and then get on Ryan, and then go their direction.

4371
05:17:43,200 --> 05:17:48,400
 Now, when this apartment gets in there, there's 350 cars that are going to come down there

4372
05:17:48,400 --> 05:18:01,600
 every day, turn off and get on Hunter's Creek.

4373
05:18:01,600 --> 05:18:08,040
 Right now, there is no road on Hunter's Creek, it's just all torn up, and there's a bridge

4374
05:18:08,040 --> 05:18:11,680
 there that has to be replaced.

4375
05:18:11,680 --> 05:18:17,680
 I haven't heard anybody talking about that little bridge over the creek.

4376
05:18:17,680 --> 05:18:27,040
 So, and since there's no traffic design or analysis that's been done, nobody's figured

4377
05:18:27,040 --> 05:18:28,660
 out what's going to happen on this thing.

4378
05:18:28,660 --> 05:18:35,200
 So I really question the validity of putting this big apartment complex in this area right

4379
05:18:35,200 --> 05:18:36,200
 now.

4380
05:18:36,200 --> 05:18:42,840
 I'm going to jump to the watershed, that little creek that comes down there after a big rain,

4381
05:18:42,840 --> 05:18:48,200
 it backs up at Ryan, it actually floods that lower portion where some of his apartments

4382
05:18:48,200 --> 05:18:49,200
 are.

4383
05:18:49,200 --> 05:18:56,680
 Now, in your working session, Julie said that there was no plan to work on that.

4384
05:18:56,680 --> 05:19:01,640
 The vendor has said he's going to totally redo it both sides of the creek.

4385
05:19:01,640 --> 05:19:05,840
 So I don't know what the story is, somebody needs to get that straight, and I would recommend

4386
05:19:05,840 --> 05:19:12,360
 you put it in, if you redo the planning, that that becomes an issue, that the vendor has

4387
05:19:12,360 --> 05:19:14,720
 to take care of all that.

4388
05:19:14,720 --> 05:19:26,960
 The, I talked about the count of letters, the, there was an issue of the vision going

4389
05:19:26,960 --> 05:19:34,000
 down into the backyards, his diagram showed that people can see there in the winter when

4390
05:19:34,000 --> 05:19:38,080
 all the trees drop their leaves, every house is exposed.

4391
05:19:38,080 --> 05:19:45,160
 So that becomes a non-point on all the, we can't see the backyards.

4392
05:19:45,160 --> 05:19:46,160
 Okay.

4393
05:19:46,160 --> 05:19:53,000
 Oh, I got two and a half minutes, I appreciate all your time and all the work that you do

4394
05:19:53,000 --> 05:19:54,560
 on this.

4395
05:19:54,560 --> 05:20:01,880
 Some of the numbers that you've been given, I really question them, and I've seen, because

4396
05:20:01,880 --> 05:20:06,680
 of the backup right now, I've seen people cut through our neighborhood because they don't

4397
05:20:06,680 --> 05:20:10,080
 like that light at Ryan and Teasley.

4398
05:20:10,080 --> 05:20:17,720
 Now, when you come out Hunter's Creek, heading to Teasley, until there's a light there that

4399
05:20:17,720 --> 05:20:23,640
 is a suicide curve, because it's an uphill from Hunter's Creek to get on, left turn on

4400
05:20:23,640 --> 05:20:29,400
 Teasley, and you're not going to make it, you might as well park the police there, because

4401
05:20:29,400 --> 05:20:31,440
 there's always going to be an accident.

4402
05:20:31,440 --> 05:20:35,440
 That is a terrible intersection.

4403
05:20:35,440 --> 05:20:42,920
 It's a gated community, and going out of Ryan, I understand the story is now that it's only

4404
05:20:42,920 --> 05:20:52,200
 an exit out of the apartments, on to right turn on Ryan, that will last to the second

4405
05:20:52,200 --> 05:21:04,600
 car, and they will turn left, because we know how people drive in Denton, which is, so anyway.

4406
05:21:04,600 --> 05:21:10,400
 Right now, you can't turn left on Ranch Man to go on Teasley, you can't turn, you're not

4407
05:21:10,400 --> 05:21:17,760
 going to make Hunter's Creek, and the way I exit, I have to go out, down to Jennicker,

4408
05:21:17,760 --> 05:21:24,600
 down to Ryan, go east on Ryan, so I can get on Teasley, because it's impossible to get

4409
05:21:24,600 --> 05:21:32,560
 out of that area, except for about 10 o'clock, and that's the only time.

4410
05:21:32,560 --> 05:21:39,920
 It backs up every day, and that's all I have.

4411
05:21:39,920 --> 05:21:40,920
 Thank you.

4412
05:21:40,920 --> 05:21:41,920
 Thank you.

4413
05:21:41,920 --> 05:21:52,620
 Next, we have Nathan Toon, followed by Chuck Bago.

4414
05:21:52,620 --> 05:21:57,640
 Nathan Toon, 3717 Merrimack Drive, Denton, Texas.

4415
05:21:57,640 --> 05:22:01,240
 This project is actually right around the corner from my house.

4416
05:22:01,240 --> 05:22:09,280
 I can sympathize with some of the comments regarding traffic, however, just like a lot

4417
05:22:09,280 --> 05:22:15,920
 of roads here in Denton, Teasley is under construction, has been for a while, and probably

4418
05:22:15,920 --> 05:22:20,640
 will be for the foreseeable future.

4419
05:22:20,640 --> 05:22:28,960
 As I drive by this site nearly every day, and I look at the remnants of an old RV and

4420
05:22:28,960 --> 05:22:34,480
 mobile home park, this site, maybe more than any, sticks out in my mind as one that needs

4421
05:22:34,480 --> 05:22:37,200
 to get redeveloped.

4422
05:22:37,200 --> 05:22:42,560
 As Mr. Fletcher said, there's utilities running all throughout this property, there's concrete

4423
05:22:42,560 --> 05:22:51,480
 that's deteriorating, there's clubhouses, which the cops do get called as a result of

4424
05:22:51,480 --> 05:22:57,520
 homeless people doing things and inhabiting structures that are on the property.

4425
05:22:57,520 --> 05:23:07,520
 I think it's important to note that currently, Hunter's Creek Drive is not a roadway, so

4426
05:23:07,520 --> 05:23:13,640
 the neighborhood of Teasley Trails has three other alternative routes that they can go

4427
05:23:13,640 --> 05:23:16,160
 in and out of the neighborhood.

4428
05:23:16,160 --> 05:23:23,200
 This would be adding another one, and so I'm not sure that it's really an intersection

4429
05:23:23,200 --> 05:23:30,320
 at the moment, but I think by the time this project does get on the ground in three to

4430
05:23:30,320 --> 05:23:37,520
 five years, I'm not sure that the traffic will be as big of a concern as it is now,

4431
05:23:37,520 --> 05:23:43,960
 and I'm not sure that there's anything that any of you guys at the city can really do

4432
05:23:43,960 --> 05:23:46,560
 about that to begin with.

4433
05:23:46,560 --> 05:23:53,680
 Secondly, I would like to speak to the commercial aspect of the property.

4434
05:23:53,680 --> 05:23:55,920
 I can speak from a first-hand knowledge.

4435
05:23:55,920 --> 05:24:01,240
 As some of you may know, I'm in the commercial real estate business here in town, and I deal

4436
05:24:01,240 --> 05:24:08,560
 with a lot of retailers on a daily basis, and I can tell you, I personally contacted

4437
05:24:08,560 --> 05:24:20,200
 10 to 30 of them about this particular site, grocery stores, big-box retailers, and certainly

4438
05:24:20,200 --> 05:24:25,400
 the owner of this property would have loved to sell it for that use because he probably

4439
05:24:25,400 --> 05:24:33,440
 would make twice as much money, but the reality is with the creek bisecting the property and

4440
05:24:33,440 --> 05:24:39,640
 all of the development costs, it just wasn't a feasible project for that type of use, and

4441
05:24:39,640 --> 05:24:43,000
 so that's why we are all here this evening.

4442
05:24:43,000 --> 05:24:47,320
 I think it's, like Julie said, it's a great transitional use.

4443
05:24:47,320 --> 05:24:52,000
 I think we'll get pad users out front.

4444
05:24:52,000 --> 05:24:56,680
 The gas station on the corner is not part of any future development for this property,

4445
05:24:56,680 --> 05:25:05,760
 which is a little bit unfortunate, but I think once this project gets off the ground and

4446
05:25:05,760 --> 05:25:11,720
 it's cleaned up, the interior roads, the utilities, I think it won't be too long before we get

4447
05:25:11,720 --> 05:25:20,080
 some additional commercial uses out front, and so as a neighboring resident, again, I'm

4448
05:25:20,080 --> 05:25:23,920
 in support of the project and ask for your consideration in that regard.

4449
05:25:23,920 --> 05:25:24,920
 Thank you.

4450
05:25:24,920 --> 05:25:30,120
 The next individual is Chuck Bago.

4451
05:25:30,120 --> 05:25:31,120
 Bago.

4452
05:25:31,120 --> 05:25:32,120
 Bago.

4453
05:25:32,120 --> 05:25:35,080
 After that is Sean Faulkner.

4454
05:25:35,080 --> 05:25:38,680
 Please state your name and address for the record.

4455
05:25:38,680 --> 05:25:39,680
 My name is Chuck Bago.

4456
05:25:39,680 --> 05:25:47,360
 I live at 226 Timberview Court in Argyle, so I wanted to come in and share my story with

4457
05:25:47,360 --> 05:25:48,360
 you.

4458
05:25:48,360 --> 05:25:52,480
 Unfortunately, my story, I think, occurs a little too often here lately.

4459
05:25:52,480 --> 05:25:58,920
 About almost a year and a half ago, I found myself as a father of three divorced, looking

4460
05:25:58,920 --> 05:26:05,840
 for a place to live, and as you all pointed out, where could I go?

4461
05:26:05,840 --> 05:26:11,000
 I was living in Corinth, and I searched all the apartment complexes.

4462
05:26:11,000 --> 05:26:16,880
 My simple priorities were I wanted something that was safe, something that was clean and

4463
05:26:16,880 --> 05:26:22,280
 honestly affordable, right, and I searched all of them, and I went to Unicorn Lake, looked

4464
05:26:22,280 --> 05:26:26,520
 at that, went to a few others, even looked up here at the Square.

4465
05:26:26,520 --> 05:26:31,860
 As a single person, it would have been fun, kids, probably not so much, right?

4466
05:26:31,860 --> 05:26:37,320
 I finally found a place, and that was Hickory Creek Ranch, and it had all the things that

4467
05:26:37,320 --> 05:26:40,020
 I was looking for that I got to check off my list.

4468
05:26:40,020 --> 05:26:48,680
 It was clean, it was very well-kept, the management staff, very professional, very nice, and as

4469
05:26:48,680 --> 05:26:55,680
 I think you all know, that is the sister location to what is being proposed, and so I just wanted

4470
05:26:55,680 --> 05:27:01,280
 to simply share with you that having lived at a property that this developer has built

4471
05:27:01,280 --> 05:27:07,480
 and managed by a company that he owns and manages it, very appreciative of the fact

4472
05:27:07,480 --> 05:27:12,080
 that I was going through a transition period at that time with very limited options as

4473
05:27:12,080 --> 05:27:17,520
 to where I could live and feel safe for my children, and I found it, so I just wanted

4474
05:27:17,520 --> 05:27:18,780
 to share that with you.

4475
05:27:18,780 --> 05:27:24,280
 From a traffic standpoint, I know that's come up a couple of times today, Hickory Creek

4476
05:27:24,280 --> 05:27:29,720
 right across the street from Gettin' Geyer High School, and for those of us that have

4477
05:27:29,720 --> 05:27:34,880
 teenagers that drive, we all know the fears that come with that, I can honestly tell you

4478
05:27:34,880 --> 05:27:38,400
 that traffic really was never that big of a problem.

4479
05:27:38,400 --> 05:27:42,960
 When I first moved in, there was no traffic light, and I'm sure it was on the plans, but

4480
05:27:42,960 --> 05:27:47,640
 shortly thereafter they did put the traffic light up, that helped a lot, but you know,

4481
05:27:47,640 --> 05:27:50,680
 we're in Dallas, Fort Worth, right, we learn the traffic patterns, we learn when the windows

4482
05:27:50,680 --> 05:27:55,920
 are and we figure that out, honestly it just wasn't that bad, and I'm very familiar with

4483
05:27:55,920 --> 05:28:00,600
 this area here, my kids go to the pediatricians just down the street, and I'm sure you all

4484
05:28:00,600 --> 05:28:08,000
 see this is an eyesore, right, so I'm absolutely in support, and really my story is I know

4485
05:28:08,000 --> 05:28:11,960
 what I was living in, and I know what they're proposing to build, and for those that are

4486
05:28:11,960 --> 05:28:16,960
 in my similar situation that are looking for a place that they can feel safe, it's quiet,

4487
05:28:16,960 --> 05:28:22,720
 it's well-kept, nicely maintained, professional staff, obviously you can see he's got customer

4488
05:28:22,720 --> 05:28:27,320
 service training, this is a great alternative form, so we appreciate it, and the other thing

4489
05:28:27,320 --> 05:28:30,640
 I just wanted to mention, with three minutes left, this is the first time I've been to

4490
05:28:30,640 --> 05:28:38,040
 a P&Z meeting like this, and you know, as the unknowing citizen, man, you all work hard,

4491
05:28:38,040 --> 05:28:43,040
 this is something that I've, you know, had the opportunity to see, and so, just from

4492
05:28:43,040 --> 05:28:49,400
 us unknowing, thank you for what you do, it's appreciated even though they don't even realize

4493
05:28:49,400 --> 05:28:52,200
 that this is what you're doing, so thanks a lot, you all.

4494
05:28:52,200 --> 05:28:55,640
 I appreciate you being here and staying up late with us.

4495
05:28:55,640 --> 05:29:01,720
 Next is Sean Faulkner, followed by Greg Johnson.

4496
05:29:01,720 --> 05:29:10,440
 Good evening, members of the commission, my name is Sean Faulkner, my address is 2713

4497
05:29:10,440 --> 05:29:15,480
 Bissonette Drive, I live in the subdivision right across the street from this on the other

4498
05:29:15,480 --> 05:29:16,480
 side of Teasley.

4499
05:29:16,480 --> 05:29:22,040
 To give you a background myself, you can just place Mr. Fletcher with me, I do the same

4500
05:29:22,040 --> 05:29:26,920
 job that he does, but just at a different company, so I'm very well versed in development,

4501
05:29:26,920 --> 05:29:32,880
 I've worked on multi-family projects before, all across the state, actually.

4502
05:29:32,880 --> 05:29:39,320
 I know you guys have heard a lot of information, I want to bring some information back, going

4503
05:29:39,320 --> 05:29:41,880
 back to the 2030 plan.

4504
05:29:41,880 --> 05:29:50,520
 The 2030 plan shows this area to be a community mixed use area, and the 2030 plan, it calls

4505
05:29:50,520 --> 05:29:57,400
 out for multi-family, well for the community mixed use, for it to be predominantly commercial,

4506
05:29:57,400 --> 05:30:04,600
 and right now, 15 acres out of 23 acres being multi-family, I don't see how you can get

4507
05:30:04,600 --> 05:30:10,120
 to being a predominantly commercial area for that.

4508
05:30:10,120 --> 05:30:17,640
 The apartment complexes, they're supposed to be put in to maintain the style of the

4509
05:30:17,640 --> 05:30:18,640
 area.

4510
05:30:18,640 --> 05:30:23,480
 The architecture is great, I love it, down at Hickory Creek Ranch, it works great in

4511
05:30:23,480 --> 05:30:30,960
 that area, but around here, with single family houses being primarily one story and two story,

4512
05:30:30,960 --> 05:30:33,560
 I don't think three story will work.

4513
05:30:33,560 --> 05:30:37,680
 They're planning on building pretty much the same thing at Hickory Creek Ranch, so I would

4514
05:30:37,680 --> 05:30:44,240
 advise you guys to go down there, stand 100 feet away, and see what it is, see how you

4515
05:30:44,240 --> 05:30:47,320
 feel standing up against it.

4516
05:30:47,320 --> 05:30:53,720
 When I went to the public meeting back in January, I stood about 50 feet away from it,

4517
05:30:53,720 --> 05:30:59,520
 and I was like, oh my God, I'm glad this is not going in my backyard, because I would

4518
05:30:59,520 --> 05:31:03,000
 not want to see that.

4519
05:31:03,000 --> 05:31:11,120
 Traffic, everyone says Teasley's construction, well it was supposed to start construction

4520
05:31:11,120 --> 05:31:18,560
 15 years ago, I've lived in this neighborhood for 18, 19 years now, so I've seen a lot,

4521
05:31:18,560 --> 05:31:24,760
 I've seen fatal car accidents, I've seen countless rear endings along there, I apologize

4522
05:31:24,760 --> 05:31:28,360
 to the residents of Teasley Trails, I'm one of the ones that cuts through their neighborhood,

4523
05:31:28,360 --> 05:31:35,880
 because I'm unable to turn left to go south on Teasley from Summit Oaks, and you know,

4524
05:31:35,880 --> 05:31:42,080
 I said to Mr. Smith, I would not be in support of a traffic signal there.

4525
05:31:42,080 --> 05:31:48,240
 Currently, when you drive down Teasley, you hit every single light, so a three mile stretch

4526
05:31:48,240 --> 05:31:53,860
 of road, that's a 45 mile speed limit, takes 15 minutes to get down.

4527
05:31:53,860 --> 05:32:00,680
 That's a bit ridiculous to me, and if there's one added here, we'll have three lights within

4528
05:32:00,680 --> 05:32:06,000
 a quarter mile of each other, one at Robinson, one at Ryan, and one up here.

4529
05:32:06,000 --> 05:32:10,520
 To me, that's just, it cuts up traffic too much, I can't tell you how much gas I spent

4530
05:32:10,520 --> 05:32:15,760
 sitting on Teasley, out of light.

4531
05:32:15,760 --> 05:32:20,840
 A couple other issues I have, you know, the current site plan shows parking up against

4532
05:32:20,840 --> 05:32:25,080
 the residential areas, and I was talking about putting an eight foot fence, but it still

4533
05:32:25,080 --> 05:32:30,840
 doesn't block out all the noise and lights, and you know, people coming in, I know people,

4534
05:32:30,840 --> 05:32:37,840
 especially if they're single, you know, singles, with the one bedroom apartments, it's going

4535
05:32:37,840 --> 05:32:43,080
 to be single people coming in all hours at night, you know, it's just a lot of noise

4536
05:32:43,080 --> 05:32:48,800
 being created for those people, so that's, thank you for your time.

4537
05:32:48,800 --> 05:32:55,440
 Thank you very much, next is Greg Johnson.

4538
05:32:55,440 --> 05:33:04,160
 Good evening again, Greg Johnson, 319 West Oak, in Denton, so I don't have time to cover

4539
05:33:04,160 --> 05:33:09,040
 everything I want to cover, I do think if that last guy was working for the developer,

4540
05:33:09,040 --> 05:33:12,520
 he'd be telling you it's the best project ever, but since it's in his backyard, it's

4541
05:33:12,520 --> 05:33:13,520
 bad.

4542
05:33:13,520 --> 05:33:16,880
 Well, I'm not picking on him, we're all that way, right, I mean, I've got a great free

4543
05:33:16,880 --> 05:33:21,360
 view behind my house, big open field, they're about to build cell storage there, do I want

4544
05:33:21,360 --> 05:33:27,000
 cell storage behind my backyard, no, but I don't own it, so I'm not going to make the

4545
05:33:27,000 --> 05:33:30,200
 guy wrong for using his property.

4546
05:33:30,200 --> 05:33:35,880
 And Thomas is much nicer than I am, so, sit this down, Thomas is much nicer than I am,

4547
05:33:35,880 --> 05:33:45,080
 so if I could have that picture that's up there back, instead of this thing, so here's

4548
05:33:45,080 --> 05:33:50,440
 what really happened, Thomas said to the staff at the time when you were asking Mr. Chairman

4549
05:33:50,440 --> 05:33:55,800
 about the, when the zoning's changed and all that, I've been involved with this property

4550
05:33:55,800 --> 05:34:00,480
 far too long, so here's what really happened, so when Mr. Button got it all zoned in RMU,

4551
05:34:00,480 --> 05:34:05,840
 a thousand apartment units allowed, Mr. Shelton came along because he had DR Horton wanting

4552
05:34:05,840 --> 05:34:12,520
 to build a neighborhood, and what they put in contract was all the way to the creek,

4553
05:34:12,520 --> 05:34:16,800
 that's what they wanted to buy, I can't make this thing work great, they wanted to buy

4554
05:34:16,800 --> 05:34:20,840
 all the way to the creek, built single family to the creek, we would have been left with

4555
05:34:20,840 --> 05:34:25,360
 commercial in the front, that's what they came wanting to buy and that's what they went

4556
05:34:25,360 --> 05:34:28,360
 to the city and met about.

4557
05:34:28,360 --> 05:34:36,280
 The planning staff, not here anymore, but they said we really want a grocery store on

4558
05:34:36,280 --> 05:34:41,760
 this corner, so when you're asking why did the multifamily restriction go from 700 feet

4559
05:34:41,760 --> 05:34:46,700
 to it was just on all of it, it's because the staff person said if you want us to support

4560
05:34:46,700 --> 05:34:52,520
 it I want the property line to be moved back to here because we want a grocery store on

4561
05:34:52,520 --> 05:34:58,080
 this corner, so Mr. Button who owned the property was left with two choices, tell them no I'm

4562
05:34:58,080 --> 05:35:00,960
 not moving it back to there because Horton wants to buy to the creek and have the staff

4563
05:35:00,960 --> 05:35:10,080
 recommend denial, or say okay fine I'll sell Horton all this back here and I'm going to

4564
05:35:10,080 --> 05:35:16,260
 have to move this property line back to here, simple decision, I'm left with a piece right

4565
05:35:16,260 --> 05:35:20,320
 here that I might be able to sell and I might not, but these guys want to buy all this right

4566
05:35:20,320 --> 05:35:26,440
 now and by the way I would never develop 54 acres of NRMU in my head in 2008, it's way

4567
05:35:26,440 --> 05:35:30,600
 too big, you'd never build a thousand apartment units here, I couldn't sell that many office

4568
05:35:30,600 --> 05:35:34,120
 pad sites in my lifetime on Teasley Lane.

4569
05:35:34,120 --> 05:35:42,760
 So it made sense to down zone it, but what he was left with is I'm held hostage and that's

4570
05:35:42,760 --> 05:35:46,040
 what really happened and Thomas can't say that because he's got to deal with planners

4571
05:35:46,040 --> 05:35:51,480
 and engineers all the time, those of you that know me I kind of say what's on my mind and

4572
05:35:51,480 --> 05:35:54,400
 it really pisses me off that we're even here tonight having to talk about it because we

4573
05:35:54,400 --> 05:36:00,960
 shouldn't be, that said no multifamily within 700 feet, whatever the number was of the creek

4574
05:36:00,960 --> 05:36:05,560
 and then it magically disappeared when you carved the other piece off, it shouldn't happen.

4575
05:36:05,560 --> 05:36:09,320
 So for five years, really why I'm pissed off, for five years I've been trying to sell that

4576
05:36:09,320 --> 05:36:14,880
 thing to a stupid grocer and they're not coming because there's not one left and that's why

4577
05:36:14,880 --> 05:36:19,220
 we still have a blighted corner, I live right down Ryan Road, I get to drive by all the

4578
05:36:19,220 --> 05:36:23,320
 time and see my stupid sign there that I've had to replace like five times because it

4579
05:36:23,320 --> 05:36:29,920
 looks like downtown Beirut after a war and it's blight, okay so we've been trying to

4580
05:36:29,920 --> 05:36:35,240
 get a grocer and they're not coming and if you put a grocer there you've got to capture

4581
05:36:35,240 --> 05:36:40,860
 that whole creek and ESA underneath a parking lot, the cost to do that makes it economically

4582
05:36:40,860 --> 05:36:43,400
 infeasible to do so.

4583
05:36:43,400 --> 05:36:47,360
 So what should go there is what should have gone there from the very beginning, you separate

4584
05:36:47,360 --> 05:36:53,600
 commercial and single family with multifamily, it just happens in every city in the country

4585
05:36:53,600 --> 05:36:59,920
 and I perfectly get it why there's so many red dots that back up to this property because

4586
05:36:59,920 --> 05:37:05,160
 I feel the same way, I mean but I'm not going to be a hypocrite and tell the guy who wants

4587
05:37:05,160 --> 05:37:12,080
 to build self storage behind my house by right that he shouldn't do it, he owns it, it's

4588
05:37:12,080 --> 05:37:17,800
 his right, it's his land and this needs to be multifamily because it's a solid transition

4589
05:37:17,800 --> 05:37:22,000
 from commercial to single family but we've been trying to get a grocer because that's

4590
05:37:22,000 --> 05:37:27,320
 what the city staff said they wanted and it'll never happen, Mr. Button is going to use the

4591
05:37:27,320 --> 05:37:32,160
 proceeds from the sale of the back property to clean up the front so that we can sell

4592
05:37:32,160 --> 05:37:33,160
 the commercial pads.

4593
05:37:33,160 --> 05:37:37,160
 I can't sell those commercial lots today because it looks like they're like what in the hell

4594
05:37:37,160 --> 05:37:42,960
 is this, there's junk everywhere, you can't see logical lot lines, there's no access,

4595
05:37:42,960 --> 05:37:47,080
 so he's going to build Hunters Creek Road, that's his obligation as a part of this sale,

4596
05:37:47,080 --> 05:37:52,760
 I mean Mr. Marks will probably build it but he has to deliver Hunters Creek before that

4597
05:37:52,760 --> 05:37:58,480
 apartment complex is completed and as to the traffic on Ryan Road, that's the city's fault,

4598
05:37:58,480 --> 05:38:02,960
 we should have addressed that ten years ago, it's like driving on the freaking moon with

4599
05:38:02,960 --> 05:38:07,000
 jogs here and jogs there because it's like a patchwork quilt that's been built and we

4600
05:38:07,000 --> 05:38:10,720
 finally recognize it and now it's been moved up in the queue and we get the money in November

4601
05:38:10,720 --> 05:38:17,060
 and we'll get fixed but the fact that he's redesigned his project with a write out only

4602
05:38:17,060 --> 05:38:22,040
 and an exit only gate, you're talking about what is it, eight cars a day on the trip,

4603
05:38:22,040 --> 05:38:26,160
 I mean they did the traffic study, I think you guys got it in your backup, eight cars

4604
05:38:26,160 --> 05:38:31,400
 a day on the peak time, turning right only, so if you lived in here would you turn right,

4605
05:38:31,400 --> 05:38:35,000
 go find you a place down there to U-turn because they're going to make them put a pork chop,

4606
05:38:35,000 --> 05:38:39,240
 the engineering won't make it to where they can turn left, you're not going to drive down

4607
05:38:39,240 --> 05:38:42,980
 Ryan trying to find a place to turn around and come back, you're going to pull out Hunters

4608
05:38:42,980 --> 05:38:48,960
 Creek Road and take a right and if you're going left, you're going to turn left because

4609
05:38:48,960 --> 05:38:52,280
 otherwise you'd have to go down Ryan U-turn and come back and sit through the traffic

4610
05:38:52,280 --> 05:38:56,480
 so that you could turn left and I get it, the neighbors don't want it but you could

4611
05:38:56,480 --> 05:39:01,120
 be looking at the back of Walmart and that's what the people got across the street, we

4612
05:39:01,120 --> 05:39:04,760
 should have never tried to force this guy to put a grocery store, I get a little passionate

4613
05:39:04,760 --> 05:39:09,480
 about it because it's sins of the past and we're having to fix it now and the staff we

4614
05:39:09,480 --> 05:39:14,440
 have today would never do that. Thank you. We actually have a question for you Mr. Johnson.

4615
05:39:14,440 --> 05:39:22,080
 Commissioner Smith. Thank you Chair. Mr. Johnson, you said you're the one representing the landowner

4616
05:39:22,080 --> 05:39:28,280
 as a real estate agent, so I guess the plans are for the front part then, the state commercial

4617
05:39:28,280 --> 05:39:34,000
 obviously, the sale of this property, so if it goes through us, goes through City Council

4618
05:39:34,000 --> 05:39:40,120
 is done, is that transaction going to be completed and your client is going to receive their

4619
05:39:40,120 --> 05:39:44,320
 money at that point in time, correct? Yes, so they'll receive their money at closing,

4620
05:39:44,320 --> 05:39:47,760
 part of the requirement will be that they will have to escrow the funds out of closing

4621
05:39:47,760 --> 05:39:53,080
 for the construction of Hunter's Creek Road, so that money is sitting there to be built

4622
05:39:53,080 --> 05:39:57,200
 so that whether Marksman builds it or the seller builds it, the money is sitting there

4623
05:39:57,200 --> 05:40:02,320
 and either party can build it. He'll use the balance of the proceeds to get all the

4624
05:40:02,320 --> 05:40:08,500
 old concrete pads torn up, all the old asphalt crushed and off of there, cleaned up so that

4625
05:40:08,500 --> 05:40:14,080
 we can sell. I will tell you, we have two users right now that if we just had access,

4626
05:40:14,080 --> 05:40:18,280
 they'd already closed on their pads, so the question earlier about the signal, I think

4627
05:40:18,280 --> 05:40:23,640
 the signal is not going to be an issue because by the time there's actually people ready

4628
05:40:23,640 --> 05:40:28,480
 to move in here, we will have sold commercial pads and that signal will warrant even if

4629
05:40:28,480 --> 05:40:33,120
 this project doesn't warrant it. What is that timeline? They're saying four, four-and-a-half

4630
05:40:33,120 --> 05:40:39,000
 years for actual full occupancy in that multifamily. If you're talking about this transaction gets

4631
05:40:39,000 --> 05:40:43,880
 done in three, four months, how quickly do you see side pads actually being done? Do

4632
05:40:43,880 --> 05:40:49,400
 you sound like the demand is there, it's cleaned up? Yeah, the demand is there. Mr. Button

4633
05:40:49,400 --> 05:40:56,360
 chose to not really go out and push trying to sell the commercial pads because he felt

4634
05:40:56,360 --> 05:41:00,640
 like he'd leave money on the table if Teasley was just under construction, right? Nobody

4635
05:41:00,640 --> 05:41:06,000
 wants to buy, build, open and then it goes under construction. Honestly, it's taking

4636
05:41:06,000 --> 05:41:09,440
 longer than all of us thought because the contractor went bust and we all know what's

4637
05:41:09,440 --> 05:41:15,720
 going on there, but if we just had the approach built, which what I think will happen is this

4638
05:41:15,720 --> 05:41:21,120
 deal closes, the money's there to build Hunter's Creek, that road's going to go get built because

4639
05:41:21,120 --> 05:41:25,200
 until that road's built, we can't sell a commercial pad. That's going to be their

4640
05:41:25,200 --> 05:41:30,600
 only access. You'll come in there and you'll have driveways across the back of the commercial

4641
05:41:30,600 --> 05:41:36,100
 pads and all the connections. So I would anticipate that'll get existing, get torn out, they'll

4642
05:41:36,100 --> 05:41:40,440
 build Hunter's Creek and then we can start closing on commercial pads. Now I can get

4643
05:41:40,440 --> 05:41:45,880
 that street light on one so bad. I really think there's two right now that we could

4644
05:41:45,880 --> 05:41:53,660
 close if that access was there. Thank you. Thank you. This is a public hearing. If you're

4645
05:41:53,660 --> 05:41:59,680
 wishing to speak, you may certainly do so. Yeah, you can just state your name and address

4646
05:41:59,680 --> 05:42:06,920
 for the record. Derek Martin at 2204 Corsair, just north of the proposed development. I

4647
05:42:06,920 --> 05:42:13,440
 would urge the P&Z to go back and look at those meeting minutes in 2014 to actually

4648
05:42:13,440 --> 05:42:17,480
 verify. I know Mr. Johnson, thank you for giving that detailed description of why it

4649
05:42:17,480 --> 05:42:23,160
 was zoned the way it was with the conditions. If you could just go back and verify before

4650
05:42:23,160 --> 05:42:30,160
 you make a decision this evening on maybe postpone the decision to approve this or not

4651
05:42:30,160 --> 05:42:36,000
 so you have all the information you have in order to make an informed decision. The second

4652
05:42:36,000 --> 05:42:42,080
 thing is thank you, Commissioner Smith, for trying to push for the traffic light at Hunter's

4653
05:42:42,080 --> 05:42:46,760
 Creek. I know it will be very beneficial to Teasley Trails that haven't gone down to Ryan

4654
05:42:46,760 --> 05:42:54,440
 or having to fight Teasley traffic getting off of Ranchman. I would like to see a TIA

4655
05:42:54,440 --> 05:43:01,240
 done to see if that can be tied to this somehow to make that decision before you say yes or

4656
05:43:01,240 --> 05:43:13,560
 no. And then noise, I think, is a big concern for the residents here. I know it is for me.

4657
05:43:13,560 --> 05:43:19,640
 I would like to see the developer mitigate as much as they can with the noise. I understand

4658
05:43:19,640 --> 05:43:23,440
 that they have pushed it back a little bit further, the offset to 100 foot. They've added

4659
05:43:23,440 --> 05:43:31,760
 the 8 foot wall with some trees. But maybe re-architect some of their design, their site

4660
05:43:31,760 --> 05:43:37,160
 plan somewhat to alleviate the noise because right now as it sits with their new proposed

4661
05:43:37,160 --> 05:43:43,320
 site plan, they have the plaza facing towards the residents and that could generate a lot

4662
05:43:43,320 --> 05:43:50,080
 of noise related complaints with pool parties and late night activities and stuff like that

4663
05:43:50,080 --> 05:43:53,960
 being echoed out towards the residents. So that's all I have.

4664
05:43:53,960 --> 05:43:56,160
 I appreciate you being here. Thank you for the words.

4665
05:43:56,160 --> 05:44:06,880
 We do have some cards of individuals not wishing to... Please state your name and address for

4666
05:44:06,880 --> 05:44:07,880
 the record.

4667
05:44:07,880 --> 05:44:14,720
 Kenna Stevens, 2201 Corusair. I have a card up there but I wasn't going to speak until

4668
05:44:14,720 --> 05:44:20,440
 I heard some of the other things that were said. Mr. Smith, you are correct about the

4669
05:44:20,440 --> 05:44:27,640
 signal and not for traffic, for public safety. You have condos or apartments that are going

4670
05:44:27,640 --> 05:44:33,800
 in there. You're going to have a lot of children darting across that street to get to school.

4671
05:44:33,800 --> 05:44:39,520
 What is that? They are not going to walk down to Ryan and try to cross there because we

4672
05:44:39,520 --> 05:44:46,040
 have people turning left right there to get onto Teasley. And so it's going to be a public

4673
05:44:46,040 --> 05:44:53,040
 safety issue. So anything you can do or all of you can do to get that signal put in, it

4674
05:44:53,040 --> 05:44:59,280
 would be, I think, a savior for a lot of parents and kids.

4675
05:44:59,280 --> 05:45:07,240
 I look at this development and I came from a city that was totally built out where they

4676
05:45:07,240 --> 05:45:15,320
 were tearing down three-year-old eight-unit apartment houses to be able to build brand

4677
05:45:15,320 --> 05:45:25,560
 new 20-unit apartment houses. I believe in development. You are going to have development.

4678
05:45:25,560 --> 05:45:31,640
 I kept hearing the issue about this apartment house being the same as the apartment house

4679
05:45:31,640 --> 05:45:38,400
 down by Geyer. No issues. Everything is kumbaya. Let's roast marshmallows. There's no houses

4680
05:45:38,400 --> 05:45:44,680
 around that one. There's not a track around that one down there. We are a housing track

4681
05:45:44,680 --> 05:45:53,000
 around this development. Like it or not, developers are in here, good people, all of them. They

4682
05:45:53,000 --> 05:45:57,840
 keep a lot of people employed. They do a lot of good work. You are only going to see them

4683
05:45:57,840 --> 05:46:02,680
 for a year, maybe two years. You are going to see my neighbors for 30 years. You are

4684
05:46:02,680 --> 05:46:08,560
 going to see me in my house for probably 100 years at my age. We are going to be around.

4685
05:46:08,560 --> 05:46:14,320
 So we are the ones that have to live with the decision that all of you make. And I want

4686
05:46:14,320 --> 05:46:18,080
 you to really think about this one because I was talking to a few of my neighbors and

4687
05:46:18,080 --> 05:46:21,960
 the big thing that some of the people came up here and spoke to, some of the developers

4688
05:46:21,960 --> 05:46:26,960
 were, wow, you can have a big box department store in there. Well, I am to the point right

4689
05:46:26,960 --> 05:46:32,800
 now I am saying put the big box department store in. You know, honestly, it is going

4690
05:46:32,800 --> 05:46:37,220
 to be the same either way. This property is going to be developed. It is either going

4691
05:46:37,220 --> 05:46:43,280
 to be developed responsibly as a supermarket, I don't care if it is a Kroger's or anything

4692
05:46:43,280 --> 05:46:53,760
 else, or a sensible multifamily unit. Take us into consideration. The comment was made

4693
05:46:53,760 --> 05:46:59,720
 that the Teasley Trails Estates has three entrances and exits. It has two. It only has

4694
05:46:59,720 --> 05:47:10,120
 two. One out on the Ryan, one out on the Teasley. Because if you come in off of Ranchman, it

4695
05:47:10,120 --> 05:47:16,840
 circles you back around and so you end up inside the track. On this development, when

4696
05:47:16,840 --> 05:47:23,680
 you have that right turn only, when people are coming out of the development onto Ryan,

4697
05:47:23,680 --> 05:47:27,800
 they are going to turn right there and then they are going to turn right, right into the

4698
05:47:27,800 --> 05:47:38,080
 Teasley Trail, go all the way up and back out to Teasley Street. So there is a lot of

4699
05:47:38,080 --> 05:47:44,200
 things in here that just don't ring a bell to me. There is no prototype for this. I mean,

4700
05:47:44,200 --> 05:47:49,720
 you are setting new ground right now. Is this going to be the first development or are you

4701
05:47:49,720 --> 05:47:57,280
 going to have apartments down Ryan farther or even up Teasley farther? These are single

4702
05:47:57,280 --> 05:48:03,200
 family homes. That is why all of us moved out there. We shouldn't have to put up with

4703
05:48:03,200 --> 05:48:09,000
 this. I mean, God love you if you can stop it, slow it down, change it, whatever you

4704
05:48:09,000 --> 05:48:16,000
 might be able to do, but that is why we moved out to this area. Single family dwellings.

4705
05:48:16,000 --> 05:48:21,600
 We don't have big houses. There is condos around town that people are paying more than

4706
05:48:21,600 --> 05:48:28,840
 we paid for our houses. We just wanted a peaceful community that we could enjoy. Please take

4707
05:48:28,840 --> 05:48:34,640
 these things into consideration. I have got a feeling that is moving too fast on this

4708
05:48:34,640 --> 05:48:40,200
 and I would just like to see more things vetted out of it. Thank you for your time. Thank

4709
05:48:40,200 --> 05:48:56,200
 you very much. Anyone else? Absolutely. Do you just state your name and address for the

4710
05:48:56,200 --> 05:49:04,400
 audience? My name is Rob Miller. My wife gave the passionate speech about our special needs

4711
05:49:04,400 --> 05:49:13,620
 child. Excuse me, can you say your name again? It is Robert Miller as in the beer. I thought

4712
05:49:13,620 --> 05:49:22,040
 I would throw something into a long meeting. Basically, I appreciate the developers, their

4713
05:49:22,040 --> 05:49:30,880
 presentation and my fellow neighbors. As a military person and as an engineer in background,

4714
05:49:30,880 --> 05:49:39,040
 I would also like to say that the 40 or 50 foot clearance doesn't make sense as a special

4715
05:49:39,040 --> 05:49:45,280
 forces guy. I can look at the azimuth and line of sight and those apartments, second

4716
05:49:45,280 --> 05:49:50,680
 and third floor, look right into all of them, right over the fence. Eight foot fence doesn't

4717
05:49:50,680 --> 05:50:00,120
 make a difference when you are a couple hundred feet back. An idea, maybe drop it to two stories

4718
05:50:00,120 --> 05:50:06,560
 or take the whole plan and invert it and shove the pole and everything towards Teasley. That

4719
05:50:06,560 --> 05:50:12,320
 way people aren't looking into the housing area. I don't know if that was ever talked

4720
05:50:12,320 --> 05:50:22,800
 about or anything like that. That would also push noise away from the neighborhood, the

4721
05:50:22,800 --> 05:50:27,480
 people that are affected, it would push it towards their highway or towards Teasley where

4722
05:50:27,480 --> 05:50:35,240
 the road is. Just so I understand what you are proposing, you are talking about the main

4723
05:50:35,240 --> 05:50:41,360
 building that is kind of like a reverse C, opens up to the housing so that the noise

4724
05:50:41,360 --> 05:50:45,980
 from the pool area would go that way. If you flipped it, you would effectively put more

4725
05:50:45,980 --> 05:50:52,880
 windows higher up closer to your property though. It would be quieter. It would be.

4726
05:50:52,880 --> 05:50:56,480
 Think about this, the pool and all the noise that people are going to make is going to

4727
05:50:56,480 --> 05:51:02,400
 go out towards the front. How many people, I mean 100 degrees, 90 degrees, how many people

4728
05:51:02,400 --> 05:51:09,840
 open their windows around here? Honestly, they don't. If you do, your house is going

4729
05:51:09,840 --> 05:51:14,920
 to be an oven. That's a fact. I totally agree. I was just wondering, you would trade the

4730
05:51:14,920 --> 05:51:20,560
 noise for the eyeballs potentially. Because if you flipped it, you would have a lot more

4731
05:51:20,560 --> 05:51:28,600
 windows looking over the fence. Correct. But in reality, most people, unless it's a nudist

4732
05:51:28,600 --> 05:51:32,960
 colony and I hate to say that, are going to put curtains or whatever over their windows

4733
05:51:32,960 --> 05:51:38,120
 or shades or blinds or whatever because they are not going to want to see out either. I

4734
05:51:38,120 --> 05:51:45,360
 mean, God forbid, I mean I have hunting stuff and things like that. You can take binoculars

4735
05:51:45,360 --> 05:51:54,880
 and look across. I have high powered binoculars and you can see. So if somebody doesn't put

4736
05:51:54,880 --> 05:52:03,040
 whatever up their windows or shades up, it's going to be the same. We have blinds. At night

4737
05:52:03,040 --> 05:52:08,120
 definitely. You put some light on, you can see right through. Sure. And 100 foot is not

4738
05:52:08,120 --> 05:52:17,560
 very far. So, I mean, just food for thought. Sure. I'm not nixing development. We moved

4739
05:52:17,560 --> 05:52:23,000
 here under the pretense when we bought. Nothing was ever said about this being, you know,

4740
05:52:23,000 --> 05:52:27,280
 I knew it was a trailer park. I'm not saying I was in the military for over 20 years, so

4741
05:52:27,280 --> 05:52:33,440
 I lived in a trailer park myself. So, you know, I ain't taking anything away from anybody.

4742
05:52:33,440 --> 05:52:41,120
 But, you know, we weren't expecting, you know, to have multifamily, you know, two, three,

4743
05:52:41,120 --> 05:52:48,280
 four stories, you know, looking into ours, our home. I mean, those are just straight

4744
05:52:48,280 --> 05:52:53,880
 up facts. Sure. I appreciate your -- No, I truly appreciate you giving me an opportunity

4745
05:52:53,880 --> 05:52:58,640
 to speak. Yeah. I wish I was a little more prepared, but thank you very much, gentlemen

4746
05:52:58,640 --> 05:53:07,640
 and ladies. Appreciate it. Thank you. Anyone else want to speak? I'm going to go ahead

4747
05:53:07,640 --> 05:53:12,960
 and read these cards into the record, and then if anyone else will speak, we'll have

4748
05:53:12,960 --> 05:53:19,040
 time. First one is from Marty Biagi, 3804. He wrote an e-mail requesting it to be read

4749
05:53:19,040 --> 05:53:22,200
 into record, and it says, "Unfortunately, due to the rescheduling of this hearing, I

4750
05:53:22,200 --> 05:53:26,760
 cannot attend. I am in support of the proposed multifamily project. I believe it is a good

4751
05:53:26,760 --> 05:53:32,200
 buffer for our homes from the commercial uses that will be in front of Teasley, and I would

4752
05:53:32,200 --> 05:53:37,380
 definitely prefer that use versus a grocery store with stinking dumpsters and truck traffic

4753
05:53:37,380 --> 05:53:50,240
 and back." That's Marty Biagi. One more letter to read into the record. This is from John

4754
05:53:50,240 --> 05:53:56,440
 Harris. It reads, "My name is John Harris. I am a state trooper with the Texas Department

4755
05:53:56,440 --> 05:54:00,480
 of Public Safety. Unfortunately, I am unable to make it to this meeting in person due to

4756
05:54:00,480 --> 05:54:05,040
 a last minute work assignment at a different county. I hope this e-mail will suffice. I

4757
05:54:05,040 --> 05:54:09,720
 have been a resident and courtesy officer at Hickory Creek Ranch Apartments since February

4758
05:54:09,720 --> 05:54:14,440
 of 2018. I first met the management team when the apartment complex was just beginning to

4759
05:54:14,440 --> 05:54:18,680
 open to its residents. The management team at Hickory Creek Ranch Apartments is phenomenal

4760
05:54:18,680 --> 05:54:23,540
 and has been since day one. Each staff member works extremely hard to ensure their property

4761
05:54:23,540 --> 05:54:28,640
 is run smoothly. As previously stated, I've been the courtesy officer since I moved in

4762
05:54:28,640 --> 05:54:34,640
 and have had very few issues with the residents. The few issues I typically handle are not

4763
05:54:34,640 --> 05:54:39,440
 serious in nature and resolved very easily. The overwhelming majority of residents are

4764
05:54:39,440 --> 05:54:44,000
 friendly and polite. There is a strong sense of community that has been built by the management

4765
05:54:44,000 --> 05:54:48,660
 team here at Hickory Creek Ranch. The management team often puts on events at the property

4766
05:54:48,660 --> 05:54:53,580
 that brings the residents together. The entire complex was built with great quality. I understand

4767
05:54:53,580 --> 05:54:58,000
 some apartments can be an eyesore and may negatively affect the community around it.

4768
05:54:58,000 --> 05:55:03,300
 Hickory Creek Ranch Apartments have proven to be the opposite of that. The complex itself

4769
05:55:03,300 --> 05:55:07,600
 looks great and has brought many wonderful people and families into the community. Again,

4770
05:55:07,600 --> 05:55:10,960
 I apologize. I was not there to make it to the meeting in person, but I hope that I'm

4771
05:55:10,960 --> 05:55:18,080
 able to get my message of support across to you. Thank you, Trooper J. Harris.

4772
05:55:18,080 --> 05:55:25,800
 The other cards I have is Rachel Smith in support, Brenna Pennington in support, Derek

4773
05:55:25,800 --> 05:55:34,000
 Martin is opposed to both items F and items G, and Kenneth Stevens has voiced opposition

4774
05:55:34,000 --> 05:55:41,240
 for both items F and G. Those are all the cards I have and the feedback we received

4775
05:55:41,240 --> 05:55:50,440
 on the items. Is there anyone else wishing to speak on the matter? Seeing none, I will

4776
05:55:50,440 --> 05:55:56,880
 close the public hearing for both 4F and 4G and open the day as for discussion. We will

4777
05:55:56,880 --> 05:56:01,200
 take these in separate motions at that time. Commissioner Beck.

4778
05:56:01,200 --> 05:56:07,440
 Thank you, Chair. I would like if Julie could probably address the concern that was expressed

4779
05:56:07,440 --> 05:56:14,760
 by Richard Hansen, feels that not enough of the opposition letters made our way.

4780
05:56:14,760 --> 05:56:21,480
 I did talk with one resident who said he faxed them. I did receive a bundle of faxes today

4781
05:56:21,480 --> 05:56:27,280
 and I provided those. It was a different, it was a stable bundle. But I did give him

4782
05:56:27,280 --> 05:56:32,080
 my card because with fax machines, you never quite know if you got everything you were

4783
05:56:32,080 --> 05:56:35,920
 supposed to get. So we're going to work together to make sure that I've got everything he

4784
05:56:35,920 --> 05:56:39,680
 was supposed to send so that we can have it for council.

4785
05:56:39,680 --> 05:56:44,820
 Okay. So we probably need to see if we've got the numbers there that would put it over

4786
05:56:44,820 --> 05:56:49,920
 the percentage that would require a supermajority. The supermajority would come into play during

4787
05:56:49,920 --> 05:56:53,720
 City Council. Right. Right. I'm just saying. Yes. We don't

4788
05:56:53,720 --> 05:57:00,800
 have that number now. It's 19 point something. Correct. So it may be over the 20%. It could

4789
05:57:00,800 --> 05:57:07,320
 be. Okay. Yeah, Richard. Just to add a little clarification

4790
05:57:07,320 --> 05:57:12,480
 because I think we came across this on a number of items even prior to this, particularly

4791
05:57:12,480 --> 05:57:18,920
 when there's two items of rezoning in an SGP, at times we will only get a response to the

4792
05:57:18,920 --> 05:57:24,780
 SGP. And so if it's not for both of them, we don't assume that that's what somebody

4793
05:57:24,780 --> 05:57:30,160
 meant. And so unless it's stated specifically on their form that they're objecting to the

4794
05:57:30,160 --> 05:57:36,680
 rezoning or the zoning change and only submit for the SGP, we only count the SGP.

4795
05:57:36,680 --> 05:57:46,320
 Okay. And I understand that. I agree. But the SGP, the 20% part, it doesn't apply. Okay.

4796
05:57:46,320 --> 05:57:49,280
 Thank you. Thank you, Julie.

4797
05:57:49,280 --> 05:57:52,920
 Commissioner Smith. I'm going to make a motion to approve this

4798
05:57:52,920 --> 05:58:00,000
 item. A couple things. One, my biggest thing, the reason why I ask about the traffic light

4799
05:58:00,000 --> 05:58:07,680
 is because it all comes down to public safety. As of right now, since Mr. Johnson could sell

4800
05:58:07,680 --> 05:58:14,600
 this land on behalf of his client for what it looks like online, it's about $1.8 million.

4801
05:58:14,600 --> 05:58:20,040
 They said in the presentation it's $250,000 cleanup to clean up that site itself. So you're

4802
05:58:20,040 --> 05:58:26,000
 saying after a little bit, $1.55 million in total after the cleanup. And by right, since

4803
05:58:26,000 --> 05:58:31,440
 the only zoning issue that we have here is the overlay is restricting multifamily. By

4804
05:58:31,440 --> 05:58:38,920
 right, you could build medical, hotel, elderly housing or a bar up to 65 foot by right with

4805
05:58:38,920 --> 05:58:45,880
 a by right 15 foot buffer at minimum. So essentially as it stands right now, Mr. Johnson could

4806
05:58:45,880 --> 05:58:51,280
 develop this or work with his client to have somebody develop it into a 65 foot elderly

4807
05:58:51,280 --> 05:58:56,640
 housing development there that is essentially multifamily as well. But it's an elderly housing

4808
05:58:56,640 --> 05:59:03,600
 that's allowed, not with an SCP. And so I think that is just as inhibitive as a multifamily

4809
05:59:03,600 --> 05:59:11,040
 property is. On top of that, I measured where was referenced by Mr. Fletcher about the vagrants

4810
05:59:11,040 --> 05:59:14,480
 and the homelessness that do live out there. If you read the blotter on the DRC, you see

4811
05:59:14,480 --> 05:59:20,000
 them out there. That clubhouse is 200 feet from the nearest home in the Teasley Trails

4812
05:59:20,000 --> 05:59:27,080
 neighborhood and there is no fence that separates that clubhouse from the house. So essentially

4813
05:59:27,080 --> 05:59:31,920
 if we have children living in the neighborhood, this seems like a serious public safety issue

4814
05:59:31,920 --> 05:59:38,040
 where there are folks who are having access to land and squatting in an abandoned home

4815
05:59:38,040 --> 05:59:42,240
 and God knows what they're doing in there and they can just very easily go over to a

4816
05:59:42,240 --> 05:59:46,560
 neighborhood. This needs to be torn down and developed into something as quickly as possible.

4817
05:59:46,560 --> 05:59:53,480
 So I'm going to motion to approve. So just for clarification, we're taking these into

4818
05:59:53,480 --> 06:00:00,360
 a motion. So will you? Okay, item four F. Commissioner Cole. Second. We have a first

4819
06:00:00,360 --> 06:00:09,080
 and a second for the item four F, the rezoning or moving of the overlay. Commissioner Beck.

4820
06:00:09,080 --> 06:00:13,120
 Thank you, Chair. And I want to thank all the people that live in that area that came

4821
06:00:13,120 --> 06:00:20,440
 down to speak to preserving their neighborhood. I empathize with your perspective. I've been

4822
06:00:20,440 --> 06:00:28,520
 on that side before. And Ms. Mulligan, you did touch my heart. Your position as a caretaker

4823
06:00:28,520 --> 06:00:36,000
 for your child is tough. I understand that. No current sitting member of this commission

4824
06:00:36,000 --> 06:00:40,480
 was seated when this ordinance was written. Chairman Roselle and myself have probably

4825
06:00:40,480 --> 06:00:48,040
 been here the longest since late summer 2015. And I can't speak for the chairman, but if

4826
06:00:48,040 --> 06:00:55,360
 I were here at that time, I probably would have voted for this overlay restriction. But

4827
06:00:55,360 --> 06:01:02,000
 back then the Teasley corridor wasn't looked as then as it is now. With the expansion of

4828
06:01:02,000 --> 06:01:07,640
 the road that will command more traffic, it's creating pressure to develop both residential

4829
06:01:07,640 --> 06:01:15,560
 and non-residential products to address Denton's rapidly growing population. As Julie indicated

4830
06:01:15,560 --> 06:01:21,440
 earlier, the overlay restriction was meant for only a fraction of this parcel, and that

4831
06:01:21,440 --> 06:01:30,800
 was closest to Teasley. It's not uncommon to preserve our little corners of the world

4832
06:01:30,800 --> 06:01:36,440
 from higher density housing developments and commercial projects. But let's call this what

4833
06:01:36,440 --> 06:01:43,320
 it is. It's NIMBYism. Not in my backyard. And I don't use that as a majority, but it's

4834
06:01:43,320 --> 06:01:51,480
 just an innate instinct of our species. In his book, The Righteous Mind, psychologist

4835
06:01:51,480 --> 06:01:57,680
 Jonathan Hay describes the moral license that's rooted in our evolutionary past for better

4836
06:01:57,680 --> 06:02:03,000
 or worse, that often pits us against those who invade our spaces. He says we're wired

4837
06:02:03,000 --> 06:02:09,240
 to be tribal creatures, and we often find it easier, even good sport, to circle around

4838
06:02:09,240 --> 06:02:16,800
 our own and attack the newcomers. Morality, Height says, is both -- it both binds and

4839
06:02:16,800 --> 06:02:22,680
 blinds. It binds us together and blinds us to other truths. Height's comments were from

4840
06:02:22,680 --> 06:02:27,760
 an article in a website called Strong Towns. I don't know, I think a lot of people who

4841
06:02:27,760 --> 06:02:32,080
 work in development are familiar with that. I know our staff are. It's a good source.

4842
06:02:32,080 --> 06:02:36,720
 I'm going to quote, pervade them partially from this article. I'm going to paraphrase

4843
06:02:36,720 --> 06:02:43,320
 some of them, and then I'm going to assert my own insights on this to explain my position.

4844
06:02:43,320 --> 06:02:51,280
 And I'll be as brief as I can. Can you hear that? Okay. I apologize. I'm often guilty

4845
06:02:51,280 --> 06:02:58,640
 of not being heard well enough. We need to be mindful that no neighborhood can be exempt

4846
06:02:58,640 --> 06:03:03,440
 from unpopular changes. It becomes detrimental to good growth, and we elevate single-family

4847
06:03:03,440 --> 06:03:09,920
 zoning to levels that create exclusionary neighborhoods. You do, of course, have the

4848
06:03:09,920 --> 06:03:14,920
 right to pose those developments that are over the top and have proven in the past to

4849
06:03:14,920 --> 06:03:19,960
 be disruptive to residential neighborhoods. This commission has acted many times during

4850
06:03:19,960 --> 06:03:24,820
 my four-year tenure to inhibit development in close proximity to single-family developments

4851
06:03:24,820 --> 06:03:30,320
 that we believe have exhibited its potential to disrupt established settled neighborhoods.

4852
06:03:30,320 --> 06:03:37,880
 It is my sincere feeling, however, that this development is not one of those. Human habitats

4853
06:03:37,880 --> 06:03:43,880
 are not and should not be designed to work when they exclude a reasonable blend of different

4854
06:03:43,880 --> 06:03:50,600
 residential dwellings and commercial enterprises. We simply can't financially sustain neighborhoods

4855
06:03:50,600 --> 06:03:56,280
 built all at once to a finished state. Our goal is to build densely populated areas that

4856
06:03:56,280 --> 06:04:02,680
 incorporate a mix of spaces and places that bring people together, not separates them.

4857
06:04:02,680 --> 06:04:09,120
 None of us here supports tearing down coherent single-family homes to make way for multi-story

4858
06:04:09,120 --> 06:04:14,440
 apartments. I believe such practices distort local communities in unhealthy and destructive

4859
06:04:14,440 --> 06:04:22,600
 ways. Studies show that this approach artificially inflates housing values, dislocates for stifles

4860
06:04:22,600 --> 06:04:30,240
 entry-level entrepreneurship, accelerates wealthy inequality, and bankrupts local governments.

4861
06:04:30,240 --> 06:04:35,440
 But this is an existing field area, already vacant, where a trailer park once existed

4862
06:04:35,440 --> 06:04:42,520
 and in a deteriorating condition, as Commissioner Smith pointed out, actually poses some self-inset

4863
06:04:42,520 --> 06:04:48,300
 safety and health risks. By building units here that accommodate the rapid population

4864
06:04:48,300 --> 06:04:55,040
 growth Denton is faced with, and I think it was mentioned earlier in another agenda item

4865
06:04:55,040 --> 06:05:02,960
 that requires 12,000 new multi-family dwelling units before 2030, we can keep these in close

4866
06:05:02,960 --> 06:05:08,480
 proximity to those commercial businesses that homeowners require to fill daily essential

4867
06:05:08,480 --> 06:05:14,200
 needs rather than creating a greater sprawl that places them in locations further away

4868
06:05:14,200 --> 06:05:19,520
 from necessary resources and requires the added expense to build the necessary infrastructure

4869
06:05:19,520 --> 06:05:25,320
 to accommodate this sprawl. What's being proposed here tonight with this development is not,

4870
06:05:25,320 --> 06:05:30,560
 in my opinion, out of scale with the adjoining neighborhood. I agree with the planning staff's

4871
06:05:30,560 --> 06:05:36,960
 analysis that after Teasley is widened and becomes a major corridor and gateway to Denton

4872
06:05:36,960 --> 06:05:41,880
 to the south, it could attract a combination of businesses that will generate far more

4873
06:05:41,880 --> 06:05:47,680
 traffic in this area than the proposed multi-family development. A development I agree with others

4874
06:05:47,680 --> 06:05:54,800
 that could service a buffer between the single-family houses to the west and Teasley, where the

4875
06:05:54,800 --> 06:06:00,840
 commercial development will be built. Thank you.

4876
06:06:00,840 --> 06:06:07,320
 Mr. Smith. Julie, were there staff recommendations on the zoning? Not on the zoning. Can we refer

4877
06:06:07,320 --> 06:06:11,640
 to the zoning and the SCP if there were recommendations? Not on the zoning. Not on the zoning? No.

4878
06:06:11,640 --> 06:06:20,760
 Okay, my motion stands as is. Julie, I actually have a question for you. Can you pull up the

4879
06:06:20,760 --> 06:06:30,520
 numbers on traffic and talk about that commercial number that triggers that 11,000? That. Yes.

4880
06:06:30,520 --> 06:06:36,400
 So, it was said multiple times by the applicant as others that a grocer's not happening here.

4881
06:06:36,400 --> 06:06:42,040
 I think that's one of my big takeaways, that a grocer is not happening, which is the biggest

4882
06:06:42,040 --> 06:06:50,000
 single contributor to daily trips. And it was the staff's opinion that all those things,

4883
06:06:50,000 --> 06:06:54,400
 the 11,000, would need to be there to warrant a stoplight. So, I'm having concerns about

4884
06:06:54,400 --> 06:07:00,920
 my confidence in Tim Smith's mission over here to get a stoplight there if the grocer

4885
06:07:00,920 --> 06:07:06,720
 is not happening. This really was an example, an illustration of what could go in there

4886
06:07:06,720 --> 06:07:14,560
 in the trips. Our discussion about the warrants for the light were really just commercial

4887
06:07:14,560 --> 06:07:19,920
 development on 15 acres. Less about what these specific potential uses would be and just

4888
06:07:19,920 --> 06:07:26,160
 the fact that commercial shopping on 15 acres would generate enough traffic, whether it

4889
06:07:26,160 --> 06:07:34,920
 be a drug store or plus a couple of fast food restaurants and strip shopping. So, because

4890
06:07:34,920 --> 06:07:40,040
 of the size of the property, it will be several commercial uses. And really, that was engineering's

4891
06:07:40,040 --> 06:07:46,720
 discussion. This is really kind of illustrative. So, more or less that general amount of square

4892
06:07:46,720 --> 06:07:55,480
 footages of commercial, there's confidence from the city staff that that is enough or

4893
06:07:55,480 --> 06:08:00,480
 an adequate momentum push to get a stoplight at Hunter's Creek.

4894
06:08:00,480 --> 06:08:05,880
 It may even be less. Okay. I did reach out to Preetam and said, "Is there a magic number

4895
06:08:05,880 --> 06:08:12,640
 that you want to get to?" He actually thought once Keasley gets built out and you really

4896
06:08:12,640 --> 06:08:18,120
 can get a full assessment of the traffic patterns, given the existing development in the area,

4897
06:08:18,120 --> 06:08:22,160
 particularly the residential and Keasley trails, once that fully gets built out, you might

4898
06:08:22,160 --> 06:08:30,400
 even be closer than where we are now. Perfect. So, it might be sooner than later. Great.

4899
06:08:30,400 --> 06:08:34,480
 Thanks Julie and Richard for helping out. Before we get to the vote, the only thing

4900
06:08:34,480 --> 06:08:38,080
 I want to say is one of the things that's difficult for me as a commissioner, I think

4901
06:08:38,080 --> 06:08:47,180
 the commission in totality, is to understand how to transition between areas. It's difficult

4902
06:08:47,180 --> 06:08:54,200
 to put a warehouse next to a ranch and we have buffers in place for trying to figure

4903
06:08:54,200 --> 06:09:00,720
 out how to transition single family to commercial. And this is one of those times where the future

4904
06:09:00,720 --> 06:09:07,080
 land use, the momentum of the city, everything shows, Keasley, especially that corner being

4905
06:09:07,080 --> 06:09:12,160
 a commercially outfitted piece of property. And so how do we as a commission in the city

4906
06:09:12,160 --> 06:09:21,480
 at large steward the responsibility to transition from an NR6 neighborhood to hopefully a Chick-fil-A

4907
06:09:21,480 --> 06:09:27,600
 or something? What's the transition look like? And there's a lot of different things that

4908
06:09:27,600 --> 06:09:35,160
 can be done there. You could put a Walmart there or a bar or a 60 foot hotel 15 feet

4909
06:09:35,160 --> 06:09:39,240
 from the property line. And so we have to think of all these different options and weigh

4910
06:09:39,240 --> 06:09:46,320
 the pros and cons of how do we transition. And I don't think moving NR6 over and then

4911
06:09:46,320 --> 06:09:51,560
 having more single family homes right up to a strip center is the effective way. And so

4912
06:09:51,560 --> 06:09:55,240
 that's where I kind of fall in this is thinking through all the different possibilities and

4913
06:09:55,240 --> 06:10:01,200
 certainly hearing the personal testimonies of the joys of backing up to, let me rephrase

4914
06:10:01,200 --> 06:10:05,680
 that. I don't know if there's a joy backing up to that, but it seems as though there's

4915
06:10:05,680 --> 06:10:12,080
 nature persisting and I know it seems to be impactful to families and I think that's meaningful

4916
06:10:12,080 --> 06:10:17,680
 and it's not taken without consideration in my decision, but it seems as though a well

4917
06:10:17,680 --> 06:10:23,720
 constructed local developer of an apartment complex is the right move for this specific

4918
06:10:23,720 --> 06:10:29,280
 property given the context of this intersection. And I happen to live in Forest Ridge and I

4919
06:10:29,280 --> 06:10:34,480
 drive by this all the time. This is not literally in my backyard, but it is very much backyard

4920
06:10:34,480 --> 06:10:40,040
 to me because I'm at that intersection twice a day taking my kid to school and eating and

4921
06:10:40,040 --> 06:10:45,280
 living down in that area. So that all to say I support the project and I certainly hope

4922
06:10:45,280 --> 06:10:50,600
 that it is as good a quality as Hickory Creek is and that you're a long time owner and proprietor

4923
06:10:50,600 --> 06:10:55,400
 of the property. So with that, I don't see any other discussion. So I'll call for a vote

4924
06:10:55,400 --> 06:11:11,840
 on the board for the zoning case. Motion carries 6-0. The next item of business is to consider

4925
06:11:11,840 --> 06:11:21,240
 item 4G. Commissioner Smith. Motion to approve. This one does have conditions. List have conditions.

4926
06:11:21,240 --> 06:11:30,600
 Mr. Cole? Second. We have a first and second for approval of the SUP item 4G S19-0004C.

4927
06:11:30,600 --> 06:11:41,440
 Any discussion on the matter? Seeing none, I'll call for a vote on the board. Motion

4928
06:11:41,440 --> 06:11:47,680
 carries 6-0. Congratulations. Next item of business is our project matrix. I will turn

4929
06:11:47,680 --> 06:11:54,200
 to Richard for an update and then we can have some discussion if needed. Commissars, I'll

4930
06:11:54,200 --> 06:11:59,960
 be brief. I know it's been a long night. I just wanted to point one item that we sort

4931
06:11:59,960 --> 06:12:10,360
 of put back on the matrix, staff analysis updates. I hope you enjoyed the staff analysis

4932
06:12:10,360 --> 06:12:15,280
 that was included with this agenda. I think it was a little bit more robust than what

4933
06:12:15,280 --> 06:12:19,920
 we've provided in the past. And just want to get to that point where we're providing

4934
06:12:19,920 --> 06:12:25,000
 enough information where you can make an informed decision, including I know that it was on

4935
06:12:25,000 --> 06:12:31,440
 for quite a long time, the financial analysis about how much would be paid for impact fees,

4936
06:12:31,440 --> 06:12:35,720
 new taxes generated. And so I just wanted to put that back on for discussion and make

4937
06:12:35,720 --> 06:12:42,360
 sure it's falling in line with what everyone was looking for, as well as kind of update

4938
06:12:42,360 --> 06:12:46,960
 you on some of the some of the items that we're looking to also include more from a

4939
06:12:46,960 --> 06:12:52,480
 visual perspective. We're working with capital improvements in our GIS where we can actually

4940
06:12:52,480 --> 06:12:57,760
 map all of the capital projects that are currently underway or in the pike. So you can see how

4941
06:12:57,760 --> 06:13:04,920
 that relates to the project at hand being discussed, not just roads but also water sewer

4942
06:13:04,920 --> 06:13:11,200
 drainage and all the above. So that way everything is packaged together. And so I have that for

4943
06:13:11,200 --> 06:13:15,920
 the 17th, we will probably also have a work session just to give you an update on the

4944
06:13:15,920 --> 06:13:27,440
 legislative changes. There were two two bills that that passed 31 67, Senate Bill 3167,

4945
06:13:27,440 --> 06:13:35,160
 which was a change to the platting shot clock as it's commonly referred to under the current

4946
06:13:35,160 --> 06:13:41,680
 or the current law, that PNZ needs to take action within 30 days of a final plat. They

4947
06:13:41,680 --> 06:13:47,560
 have now changed that. And we're still going through and analyzing what it actually means

4948
06:13:47,560 --> 06:13:53,160
 as well as discussing it both internally as well as we had one conversation with the Texas

4949
06:13:53,160 --> 06:13:59,160
 Municipal League on what exactly it means. It probably will mean many more items coming

4950
06:13:59,160 --> 06:14:03,920
 to PNZ. And so that's where we want to have a full analysis of it. And just what that

4951
06:14:03,920 --> 06:14:09,360
 means, whether it's ultimately going to be more meetings, possibly moving the time up.

4952
06:14:09,360 --> 06:14:16,840
 What it requires now is within 30 days, the item, it expands it from not just a plat but

4953
06:14:16,840 --> 06:14:21,000
 now to plan. So site plan, construction, engineering plans. So we're just trying to get a handle

4954
06:14:21,000 --> 06:14:29,320
 on how wide this net is cast. But it needs to be either approved, approved with conditions

4955
06:14:29,320 --> 06:14:35,680
 or denied. And if it's approved with conditions or denied, then the applicant has the ability

4956
06:14:35,680 --> 06:14:43,040
 to cure that. There's no limitation on when they can come back. But once they come up

4957
06:14:43,040 --> 06:14:47,880
 with their solution as to how they addressed it, then we as staff have to put it on an

4958
06:14:47,880 --> 06:14:54,040
 agenda for PNZ to consider within 15 days. And at that point in time, rather than making

4959
06:14:54,040 --> 06:15:01,480
 a conditional approval, you then have to approve that they've met those conditions. And so

4960
06:15:01,480 --> 06:15:07,880
 the premise of this bill was to get better comments and streamline the process. But what

4961
06:15:07,880 --> 06:15:13,360
 it's done, it's creating, I think, a much more bureaucratic endeavor in trying to get

4962
06:15:13,360 --> 06:15:17,320
 things through the process. And so that's where we're -- that's our initial reading

4963
06:15:17,320 --> 06:15:24,280
 of it again. But we're -- we really want to fully vet this thing before we -- before we

4964
06:15:24,280 --> 06:15:30,440
 present it. But just kind of want to give you a little bit of an idea of what the unintended

4965
06:15:30,440 --> 06:15:34,440
 consequence, I think, was a result of passage of that bill.

4966
06:15:34,440 --> 06:15:38,520
 Does that Senate bill have a time in which we have to implement those changes?

4967
06:15:38,520 --> 06:15:44,440
 September 1st. The other one that has a September 1st deadline was 2439. This was one relative

4968
06:15:44,440 --> 06:15:51,120
 to not regulating building materials anymore. And so the new DDC that we just adopted, we

4969
06:15:51,120 --> 06:15:55,720
 will probably be bringing forward amendments, repealing a number of those provisions that

4970
06:15:55,720 --> 06:16:01,440
 we just went through requiring a certain amount of masonry. We can no longer do that. So if

4971
06:16:01,440 --> 06:16:07,120
 somebody wanted to come in today instead of the conditions that we put in on the multifamily

4972
06:16:07,120 --> 06:16:17,800
 and wanted to do plywood or corrugated metal, they certainly could do that and we have no

4973
06:16:17,800 --> 06:16:25,280
 ability to say -- Richard, would that apply to developments that are already on the books

4974
06:16:25,280 --> 06:16:30,040
 or is that -- It becomes into effect September 1st.

4975
06:16:30,040 --> 06:16:35,360
 But it stretches much more -- it stretches further beyond, I think, just building materials

4976
06:16:35,360 --> 06:16:42,640
 on a structure. There's also concerns -- I know Scott has talked to some of his colleagues

4977
06:16:42,640 --> 06:16:47,560
 on the building side where they're, I think, Lubbock and there's some other municipalities

4978
06:16:47,560 --> 06:16:56,600
 that ban a certain type of pipe to be used for gas. It's not regulated by the building

4979
06:16:56,600 --> 06:17:02,880
 code. And so if someone wanted to use that, we can no longer tell them no. The bill went

4980
06:17:02,880 --> 06:17:08,760
 so far as even limiting a city's ability to pass their own local amendments that would

4981
06:17:08,760 --> 06:17:17,120
 prohibit it. And so these are -- We can deny -- we can vote to deny, though.

4982
06:17:17,120 --> 06:17:21,280
 I think that's what we really need to flush out.

4983
06:17:21,280 --> 06:17:25,680
 Okay. So that's coming down the pike very soon.

4984
06:17:25,680 --> 06:17:28,160
 Awesome news. On that note --

4985
06:17:28,160 --> 06:17:34,960
 Yeah. Commissioner Beck. Thank you, Chair. I wanted to bring back up,

4986
06:17:34,960 --> 06:17:40,840
 in conjunction with the multifamily development overall from East McKinney, can we get somebody

4987
06:17:40,840 --> 06:17:46,920
 to look at putting a marked crosswalk there where that McKinney exit is going to connect

4988
06:17:46,920 --> 06:17:52,440
 with Dutchess Drive across there, just because I know that's not part of what we discussed.

4989
06:17:52,440 --> 06:17:59,160
 And if there's some way -- and again, this is definitely going to involve TexNOT, but

4990
06:17:59,160 --> 06:18:06,520
 it would be nice if there was a true right-turn lane on northbound, Luke 288, that turns right

4991
06:18:06,520 --> 06:18:12,080
 on McKinney there. They've got that little curve there, and with this new development,

4992
06:18:12,080 --> 06:18:16,680
 it's going to create a lot more traffic. So if you could, please, thanks.

4993
06:18:16,680 --> 06:18:21,280
 Commissioner Ellis. Thank you, Chair. Richard, with what occurred

4994
06:18:21,280 --> 06:18:26,920
 today with our first public hearing item, and what I've seen happen on a couple of other

4995
06:18:26,920 --> 06:18:31,760
 meetings, is there a way that we can get and ensure that legal has signed off on staff

4996
06:18:31,760 --> 06:18:37,240
 recommendations before our meeting? I mean, to me, it puts us in a really awkward

4997
06:18:37,240 --> 06:18:44,520
 position if you're not on the same page to be able to vote on an item accordingly. So

4998
06:18:44,520 --> 06:18:50,720
 I don't know -- you know, I don't live the day-to-day that you all live, so I don't even

4999
06:18:50,720 --> 06:18:56,160
 know if that request is possible, but it seems to me that, you know, whatever you're recommending

5000
06:18:56,160 --> 06:19:01,760
 to us should be something that legal has seen, and, you know, I don't know.

5001
06:19:01,760 --> 06:19:08,080
 We do meet every Friday to discuss that, but we will work to improve it.

5002
06:19:08,080 --> 06:19:13,040
 Yeah, because it's -- for me, I mean, I can only speak for myself, but put me in a very

5003
06:19:13,040 --> 06:19:20,040
 awkward position on making a decision. Any other questions?

5004
06:19:21,040 --> 06:19:26,040
 Any other discussion? I will close this meeting at 1137. Thank you.