WEBVTT

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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.

00:15:16.320 --> 00:15:17.320
 Okay.

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 Thank you.

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 And then, Chair Roselle, I would just, we do have a number of things that we do beyond

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 the state law, including the posting of the signs, the courtesy notices, and on the website,

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 putting that information out there, so.

00:15:28.280 --> 00:15:29.280
 Good to know.

00:15:29.280 --> 00:15:30.280
 Thank you.

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 Coach Ellis.

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 Thank you.

00:15:32.280 --> 00:15:33.280
 Okay.

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 So just to clarify, this is changing nothing as far as who we're notifying.

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 It's how we're notifying.

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 Correct.

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 So the certified mail that was going to the tax record address is now just going to be

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 a regular mailed first class letter.

00:15:44.280 --> 00:15:45.440
 Correct.

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 That's the only thing that's changing.

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 I don't see any other questions.

00:15:52.080 --> 00:15:53.080
 Thanks.

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 All right.

00:15:54.080 --> 00:15:55.080
 Thank you.

00:15:55.080 --> 00:15:59.040
 Next, we go into the regular meeting.

00:15:59.040 --> 00:16:05.200
 First off, is there any clarification needed, Richard, about the agenda this evening?

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 No.

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 That will clarify a couple of the items, a couple of the agenda items, but no changes.

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 B is being removed, no, A and B, for public hearing being removed.

00:16:19.560 --> 00:16:20.560
 Correct.

00:16:20.560 --> 00:16:21.560
 Correct.

00:16:21.560 --> 00:16:22.560
 Okay.

00:16:22.560 --> 00:16:26.400
 So with that, is there any questions about the minutes?

00:16:26.400 --> 00:16:33.720
 We have an update that we all should receive for the minutes of May 29th.

00:16:33.720 --> 00:16:37.380
 Yeah, May 29th.

00:16:37.380 --> 00:16:40.800
 Anything besides these that need to be updated?

00:16:40.800 --> 00:16:41.800
 Great.

00:16:41.800 --> 00:16:45.320
 Next is our consent agenda.

00:16:45.320 --> 00:16:47.640
 We had several things on the consent.

00:16:47.640 --> 00:16:52.880
 Is there any questions that we can bring up individuals for answers instead of going through

00:16:52.880 --> 00:16:54.880
 each one of these?

00:16:54.880 --> 00:16:56.480
 Commissioner Ellis.

00:16:56.480 --> 00:16:57.480
 Thank you, Chair.

00:16:57.480 --> 00:17:12.840
 I have a question on E, Audra Oaks.

00:17:12.840 --> 00:17:13.840
 That is Haley.

00:17:13.840 --> 00:17:14.840
 Hi, Haley.

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

00:17:20.280 --> 00:17:21.280
 park.

00:17:21.280 --> 00:17:22.280
 Yes.

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?

00:17:27.240 --> 00:17:29.120
 It's intended to be dedicated to the city.

00:17:29.120 --> 00:17:32.400
 They're currently in discussions with our parks department about what could be done

00:17:32.400 --> 00:17:33.400
 with that property.

00:17:33.400 --> 00:17:34.400
 Okay.

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

00:17:37.720 --> 00:17:38.720
 a new public park.

00:17:38.720 --> 00:17:39.720
 Okay.

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

00:17:41.200 --> 00:17:42.200
 maintain that lot.

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

00:17:48.880 --> 00:17:50.480
 the intent is the city.

00:17:50.480 --> 00:17:51.480
 Outstanding.

00:17:51.480 --> 00:17:52.480
 Okay.

00:17:52.480 --> 00:17:53.480
 Thank you.

00:17:53.480 --> 00:17:54.480
 You're welcome.

00:17:54.480 --> 00:18:00.960
 Any other questions on the consent agenda?

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

00:18:09.080 --> 00:18:10.080
 of a plant.

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

00:18:14.200 --> 00:18:17.640
 be dedicated.

00:18:17.640 --> 00:18:24.880
 And if there were, whether that's going to be addressed with this action.

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

00:18:31.040 --> 00:18:35.400
 with respect to any prior dedications.

00:18:35.400 --> 00:18:36.400
 Sure.

00:18:36.400 --> 00:18:47.440
 So the applicant has provided a legal description for that area to be dedicated.

00:18:47.440 --> 00:18:51.600
 And we're working on getting those easements together so that when the final plaque comes

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

00:19:00.560 --> 00:19:05.800
 would be filed first, then each plaque vacation, and then the final plaque.

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

00:19:09.720 --> 00:19:12.580
 vacation until the final plaque has been prepared.

00:19:12.580 --> 00:19:15.420
 Make sure that stays a platted lot.

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

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

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

00:19:36.200 --> 00:19:40.440
 of that plant?

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

00:19:46.040 --> 00:19:48.260
 part of the consent item.

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.

00:19:54.040 --> 00:19:55.040
 Okay.

00:19:55.040 --> 00:19:59.360
 Well, I just wanted to raise the issue in case anybody had looked at it.

00:19:59.360 --> 00:20:04.040
 It was something that occurred to me.

00:20:04.040 --> 00:20:05.040
 Right.

00:20:05.040 --> 00:20:10.800
 Okay, with that, we'll move into our public hearing items for this evening.

00:20:10.800 --> 00:20:14.040
 Like I just previously mentioned, A has been withdrawn.

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

00:20:21.660 --> 00:20:26.440
 will be presenting this.

00:20:26.440 --> 00:20:35.460
 All right, good afternoon or evening, I guess.

00:20:35.460 --> 00:20:37.480
 Karina Maldonado, assistant planner.

00:20:37.480 --> 00:20:45.960
 Today I'll be bringing an SUP for S19.5 TZ multifamily.

00:20:45.960 --> 00:20:51.120
 So the request is for a specific use permit for five multifamily dwelling units on approximately

00:20:51.120 --> 00:20:58.000
 1.09 acres located at 1714 Teasley, that's this tract right here.

00:20:58.000 --> 00:21:00.100
 This is Teasley Lane.

00:21:00.100 --> 00:21:06.800
 The site is in the CMG zoning district, which does allow for multifamily with the specific

00:21:06.800 --> 00:21:08.600
 use permit.

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

00:21:15.700 --> 00:21:20.160
 the use.

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

00:21:25.360 --> 00:21:27.360
 of the surrounding area.

00:21:27.360 --> 00:21:33.740
 So the existing building was constructed in the 1960s as a single-family home.

00:21:33.740 --> 00:21:40.920
 Over the years, it has changed to a childcare, a daycare use, then to an office.

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,

00:21:49.280 --> 00:21:54.280
 the previous owner did illegally convert this to multifamily.

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

00:22:01.440 --> 00:22:06.320
 through the legal process of getting an SUP.

00:22:06.320 --> 00:22:11.840
 And so that's how we're here today with the request for five multifamily units.

00:22:11.840 --> 00:22:16.880
 So just showing, in 1984, that's when the surrounding area started to become built with

00:22:16.880 --> 00:22:17.880
 multifamily.

00:22:17.880 --> 00:22:23.240
 In 1964, this was the actual home, nothing surrounding it.

00:22:23.240 --> 00:22:31.400
 And then, of course, today, everything surrounding the existing tract is built out.

00:22:31.400 --> 00:22:33.360
 So this is a proposed site plan.

00:22:33.360 --> 00:22:38.300
 Again, they will be using the existing building that is shown here.

00:22:38.300 --> 00:22:43.680
 No expansion to that building, only interior alteration.

00:22:43.680 --> 00:22:47.320
 They are showing the five dwelling units proposed.

00:22:47.320 --> 00:22:50.120
 The existing are currently six dwelling units.

00:22:50.120 --> 00:22:56.360
 So they're adjusting that to meet the minimum residential unit size of 500 square feet.

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.

00:23:02.640 --> 00:23:06.080
 Each dwelling unit will have two bedrooms.

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

00:23:11.100 --> 00:23:13.160
 to look more like the surrounding area.

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

00:23:20.600 --> 00:23:22.740
 to the north of the property.

00:23:22.740 --> 00:23:25.740
 There is a propane tank that they will also remove.

00:23:25.740 --> 00:23:28.480
 And then some excess parking on the site.

00:23:28.480 --> 00:23:32.200
 So the change in use did have a change in required parking.

00:23:32.200 --> 00:23:34.280
 So they're going to address that.

00:23:34.280 --> 00:23:36.080
 That's not a tear-up of concrete.

00:23:36.080 --> 00:23:43.360
 That is just to remove the parking striping on the site.

00:23:43.360 --> 00:23:47.880
 And so in the proposed landscape plan, they do exceed the minimum landscape requirement

00:23:47.880 --> 00:23:48.880
 of 20%.

00:23:48.880 --> 00:23:52.680
 They're actually providing-- they're not providing additional landscape.

00:23:52.680 --> 00:23:55.000
 This is what is existing on the site.

00:23:55.000 --> 00:23:57.260
 So 40% landscaped area.

00:23:57.260 --> 00:24:04.200
 They have shown a dedicated open space, which is this hashed area right here.

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

00:24:11.160 --> 00:24:14.000
 39% tree canopy coverage.

00:24:14.000 --> 00:24:19.560
 These are just a couple of photos of the site as it exists today.

00:24:19.560 --> 00:24:24.880
 So this is at the north of the property facing to the main entrance.

00:24:24.880 --> 00:24:28.520
 This is that carport that they are also removing.

00:24:28.520 --> 00:24:34.840
 This is the addition to the existing site where we talked about the illegal conversion.

00:24:34.840 --> 00:24:40.360
 And this is they're going to remedy that portion, too.

00:24:40.360 --> 00:24:45.180
 Showing here, this is facing west on their driveway access.

00:24:45.180 --> 00:24:46.320
 Showing this chain link fence.

00:24:46.320 --> 00:24:47.320
 That's a bit damaged.

00:24:47.320 --> 00:24:49.000
 They're going to remove that.

00:24:49.000 --> 00:24:51.440
 And then this is just a close-up aerial of the site.

00:24:51.440 --> 00:24:54.600
 It's from the north facing south.

00:24:54.600 --> 00:24:58.460
 So this is the existing structure.

00:24:58.460 --> 00:25:02.480
 They do have a lot of open space towards the back.

00:25:02.480 --> 00:25:03.920
 This is that shed that they're removing.

00:25:03.920 --> 00:25:10.600
 They do have a gazebo and some parking and log trees.

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.

00:25:16.160 --> 00:25:21.540
 They really do have really large, I believe they're oaks on that property.

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

00:25:27.660 --> 00:25:34.960
 would be preserved, none would be removed on the site.

00:25:34.960 --> 00:25:39.760
 And so the approval, the criteria for approval for an SUP is shown on the screen.

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

00:25:46.320 --> 00:25:53.920
 this on the next couple of slides.

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

00:25:58.360 --> 00:26:02.340
 plan and other federal, state, and local laws.

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

00:26:08.200 --> 00:26:10.100
 mixed use.

00:26:10.100 --> 00:26:18.200
 So the proposed use of multifamily is in line with that designation where it's designated

00:26:18.200 --> 00:26:24.480
 for commercial use predominantly, but has complimentary uses like residential and encourages

00:26:24.480 --> 00:26:26.680
 proximity to other areas.

00:26:26.680 --> 00:26:32.200
 So if you remember the aerial going back, most of this is multifamily surrounding and

00:26:32.200 --> 00:26:38.920
 along the edge is that shopping area.

00:26:38.920 --> 00:26:45.560
 So still on criteria one, talking about conformance with zoning, originally the way that the site

00:26:45.560 --> 00:26:51.360
 exists today, it does not conform with the minimum unit size of 500 square feet, which

00:26:51.360 --> 00:26:54.000
 is specific in the 2002 code.

00:26:54.000 --> 00:27:00.000
 However, the applicant is proposing to reduce the number of units that are existing to meet

00:27:00.000 --> 00:27:02.340
 that minimum unit size.

00:27:02.340 --> 00:27:08.960
 So again, five multifamily units all meeting or exceeding that 500 square feet of residential

00:27:08.960 --> 00:27:13.000
 unit living space.

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

00:27:21.360 --> 00:27:26.220
 ensure that they're meeting the 2002 code requirements, which does include that minimum

00:27:26.220 --> 00:27:33.080
 residential unit size and then other items like parking.

00:27:33.080 --> 00:27:39.880
 Yes, thank you, Chair.

00:27:39.880 --> 00:27:43.640
 This is a single building under one roof, right?

00:27:43.640 --> 00:27:49.920
 And the apartments are simply divided by a two by four wall with sheetrock between them

00:27:49.920 --> 00:27:50.920
 and that's it.

00:27:50.920 --> 00:27:54.960
 And each apartment has a door to the outside, I assume.

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

00:28:00.600 --> 00:28:02.800
 I'll get to kind of that part of it in a second.

00:28:02.800 --> 00:28:05.680
 Well, they'd have to have their own.

00:28:05.680 --> 00:28:06.680
 Yes.

00:28:06.680 --> 00:28:07.680
 Okay.

00:28:07.680 --> 00:28:11.880
 Speaking to it is one building, they have that addition on the side, it is connected

00:28:11.880 --> 00:28:12.880
 by a roof.

00:28:12.880 --> 00:28:19.160
 Did I see in your information early on that they were all two bedroom apartments?

00:28:19.160 --> 00:28:20.160
 That's what they're proposing.

00:28:20.160 --> 00:28:21.160
 Okay.

00:28:21.160 --> 00:28:22.160
 They're proposing.

00:28:22.160 --> 00:28:25.160
 Let me go back a couple of slides.

00:28:25.160 --> 00:28:26.160
 500 square feet.

00:28:26.160 --> 00:28:29.620
 So this, I apologize, it's not that zoomed in.

00:28:29.620 --> 00:28:32.080
 This is the existing building.

00:28:32.080 --> 00:28:36.200
 Right here was actually two units.

00:28:36.200 --> 00:28:41.920
 They're proposing to combine those into one dwelling unit to meet that minimum residential

00:28:41.920 --> 00:28:42.920
 square foot.

00:28:42.920 --> 00:28:45.200
 So we do actually have one apartment that's 500 square feet.

00:28:45.200 --> 00:28:48.180
 They're actually just under 400.

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

00:28:52.360 --> 00:28:53.360
 500.

00:28:53.360 --> 00:28:54.360
 Okay.

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

00:28:58.680 --> 00:29:01.120
 it does meet that requirement.

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

00:29:05.880 --> 00:29:06.880
 access to this.

00:29:06.880 --> 00:29:09.880
 It looks like a real tight turnaround.

00:29:09.880 --> 00:29:10.880
 Yes.

00:29:10.880 --> 00:29:14.920
 So let me move back forward, actually.

00:29:14.920 --> 00:29:15.920
 Yeah.

00:29:15.920 --> 00:29:20.200
 Just to provide us a little bit of context, again, this is just for the use.

00:29:20.200 --> 00:29:24.720
 So this will have to go through full building permit review.

00:29:24.720 --> 00:29:28.200
 So all of those life safety items will be looked at, at that time.

00:29:28.200 --> 00:29:29.200
 Okay.

00:29:29.200 --> 00:29:30.200
 Okay.

00:29:30.200 --> 00:29:31.200
 If this is approved.

00:29:31.200 --> 00:29:32.200
 Okay.

00:29:32.200 --> 00:29:33.200
 Great.

00:29:33.200 --> 00:29:34.200
 Thanks.

00:29:34.200 --> 00:29:35.200
 Christopher Smith.

00:29:35.200 --> 00:29:36.200
 Thank you, Chair.

00:29:36.200 --> 00:29:39.240
 Were the fire petition walls, was this stipulation reviewed with the applicant?

00:29:39.240 --> 00:29:40.240
 Yes.

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.

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.

00:29:50.600 --> 00:29:56.960
 So the second, related to zoning and local laws, the existing, talking about the existing

00:29:56.960 --> 00:30:02.480
 building does not meet the building code requirement for having fire partition walls.

00:30:02.480 --> 00:30:04.800
 So just a little bit of context on that.

00:30:04.800 --> 00:30:08.520
 We did meet with the applicant and the owner.

00:30:08.520 --> 00:30:13.560
 We agreed to do a courtesy building inspection just to make sure we caught any additional

00:30:13.560 --> 00:30:15.240
 maybe safety items.

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

00:30:20.640 --> 00:30:25.560
 that each unit meets our building and fire code requirements.

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

00:30:33.120 --> 00:30:40.080
 would have to meet all these building code requirements prior to issuance of a certificate

00:30:40.080 --> 00:30:41.080
 of occupancy.

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

00:30:46.080 --> 00:30:54.660
 kind of put that extra certainty on it.

00:30:54.660 --> 00:30:59.900
 So the second criteria has a list of several conditions for approval.

00:30:59.900 --> 00:31:02.920
 I'll try to go through more of the highlights.

00:31:02.920 --> 00:31:09.040
 So talking about use compatibility, going back to zoomed in on the aerial, the surrounding

00:31:09.040 --> 00:31:11.980
 area is multi-family.

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.

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.

00:31:25.560 --> 00:31:31.280
 So the use is compatible with that is immediately surrounding it.

00:31:31.280 --> 00:31:38.540
 Second, this SUP request would not impact the development of vacant parcels.

00:31:38.540 --> 00:31:42.440
 So currently there is just one vacant parcel in the adjacent area.

00:31:42.440 --> 00:31:49.520
 That's this parcel to the south, which the owner also owns.

00:31:49.520 --> 00:31:51.520
 So it would not immediately impact that parcel.

00:31:51.520 --> 00:31:56.720
 However, if they do wish to expand there, that would require a separate SUP.

00:31:56.720 --> 00:32:05.280
 So that would be not tied to this SUP request.

00:32:05.280 --> 00:32:10.360
 Next would be whether the site has adequate utilities and other supporting facilities.

00:32:10.360 --> 00:32:18.400
 So this site has been served for several years with water, sewer, and other infrastructure.

00:32:18.400 --> 00:32:22.600
 So it does have access to facilities.

00:32:22.600 --> 00:32:29.040
 Just going through the development review process, we wanted to take that extra step

00:32:29.040 --> 00:32:33.480
 to show where they're actually connecting, where the actual line is.

00:32:33.480 --> 00:32:39.560
 I mean, it's going to be an off-site connection, not public infrastructure.

00:32:39.560 --> 00:32:47.560
 So we did add a condition per water regarding the need for any additional utility easements,

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

00:32:51.520 --> 00:32:53.360
 permit.

00:32:53.360 --> 00:32:58.400
 And just going back, these are the actual public infrastructure lines surrounding the

00:32:58.400 --> 00:33:06.080
 site, however they do have current access to water, sewer.

00:33:06.080 --> 00:33:07.080
 And then access.

00:33:07.080 --> 00:33:11.560
 We'll talk about access a little bit later.

00:33:11.560 --> 00:33:17.920
 All right, so other conditions for approval include vehicular access.

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

00:33:25.800 --> 00:33:30.720
 indicating that the applicant identify or demonstrate that there was public access to

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

00:33:37.560 --> 00:33:40.960
 up prior to issuance of a building permit.

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

00:33:46.760 --> 00:33:51.840
 analysis, but it won't be added to the staff recommendation later.

00:33:51.840 --> 00:33:57.120
 So they did provide the documentation that shows coming off of Teasley that they do have

00:33:57.120 --> 00:34:05.280
 an ingress and egress easement dedicated to the public in perpetuity for this site.

00:34:05.280 --> 00:34:09.280
 So they do have the sufficient access to get through.

00:34:09.280 --> 00:34:16.260
 That would include fire, police, and other public services.

00:34:16.260 --> 00:34:18.640
 I'll kind of highlight these pretty quickly.

00:34:18.640 --> 00:34:27.280
 The request for the SUP doesn't have any significant impact in regards to air quality,

00:34:27.280 --> 00:34:34.280
 lighting pollution, and it does, as we previously mentioned, increase landscaping and screening

00:34:34.280 --> 00:34:37.780
 around the property.

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

00:34:41.560 --> 00:34:47.680
 conditions for improvement, which talk about infrastructure, and the site does have adequate

00:34:47.680 --> 00:34:50.000
 infrastructure to it.

00:34:50.000 --> 00:34:52.000
 Criteria four talks about compatibility.

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

00:34:55.400 --> 00:35:01.360
 between criteria two and then three and four, one being traffic generation.

00:35:01.360 --> 00:35:05.000
 So the previous legal use was an office.

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

00:35:12.880 --> 00:35:20.840
 with no more than 37 weekday trips, exiting off onto Teasley Lane.

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

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

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

00:35:42.440 --> 00:35:47.960
 their way around the city.

00:35:47.960 --> 00:35:54.960
 So next, I provided some photos of those immediate adjacent properties around.

00:35:54.960 --> 00:36:01.160
 If you refer back to those aerials showing between 1964 and then today, there was that

00:36:01.160 --> 00:36:06.280
 steady increase of development around the '80s.

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,

00:36:14.760 --> 00:36:20.400
 some they call townhomes, but they're just multifamily units.

00:36:20.400 --> 00:36:26.120
 They're very low-scale, they do have masonry, stucco, and wood combination, which is consistent

00:36:26.120 --> 00:36:34.120
 with what the existing structure is today in terms of building materials.

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

00:36:43.880 --> 00:36:50.000
 boundary to eight property owners, and then sent out the 500-foot courtesy notices to

00:36:50.000 --> 00:36:52.240
 about 27 people.

00:36:52.240 --> 00:37:00.640
 To now, we have not received any responses in opposition favor, and no neighborhood meetings

00:37:00.640 --> 00:37:05.960
 were held for this request.

00:37:05.960 --> 00:37:10.400
 And so with this, staff is recommending approval of the SUP with the following conditions.

00:37:10.400 --> 00:37:16.320
 First, the SUP was reviewed under the 2002 Development Code, and therefore shall meet

00:37:16.320 --> 00:37:22.640
 all 2002 Development Code requirements of the CMG district, including but not limited

00:37:22.640 --> 00:37:26.960
 to the minimum residential unit size and parking requirements.

00:37:26.960 --> 00:37:33.600
 Second, any additional utility easements required to serve the project must be filed prior to

00:37:33.600 --> 00:37:35.920
 issuance of a building permit.

00:37:35.920 --> 00:37:41.080
 And third, the existing building must meet all building and fire code requirements for

00:37:41.080 --> 00:37:42.880
 the approved use.

00:37:42.880 --> 00:37:47.920
 So we did meet with the applicant earlier this month, and they have indicated agreement

00:37:47.920 --> 00:37:50.920
 with the conditions.

00:37:50.920 --> 00:37:51.920
 Commissioner Ellis.

00:37:51.920 --> 00:37:54.040
 Thank you, Chair.

00:37:54.040 --> 00:37:59.360
 Carina, this came to be because a complaint started all of this, from what I understand.

00:37:59.360 --> 00:38:00.360
 Yes.

00:38:00.360 --> 00:38:02.000
 Are there tenants in this place now?

00:38:02.000 --> 00:38:03.000
 No, not currently.

00:38:03.000 --> 00:38:04.240
 They don't have a CO.

00:38:04.240 --> 00:38:07.280
 They're not allowed to occupy the building currently.

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.

00:38:10.840 --> 00:38:14.400
 So maybe the complaint came from surrounding somewhere?

00:38:14.400 --> 00:38:16.480
 It might have been a tenant at the time.

00:38:16.480 --> 00:38:18.880
 The actual complaint doesn't list who it came from.

00:38:18.880 --> 00:38:21.240
 It just says a concerned citizen.

00:38:21.240 --> 00:38:27.500
 That was back in April 23rd of 2016.

00:38:27.500 --> 00:38:31.960
 And then also, earlier you mentioned they have to remove the propane tank and the fence

00:38:31.960 --> 00:38:32.960
 and all that.

00:38:32.960 --> 00:38:36.440
 Do we not want that part of the conditions?

00:38:36.440 --> 00:38:39.240
 I think that was something that we discussed.

00:38:39.240 --> 00:38:41.400
 Certainly we can make it more detailed on there.

00:38:41.400 --> 00:38:44.660
 I think it is shown on their plan that it is being removed.

00:38:44.660 --> 00:38:47.360
 It is shown on the site plan that they will remove it.

00:38:47.360 --> 00:38:53.600
 Which is a component of the approval.

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

00:38:57.040 --> 00:39:00.560
 that can be proposed as a condition.

00:39:00.560 --> 00:39:04.000
 Did we call out that particular site plan as being?

00:39:04.000 --> 00:39:05.000
 Yes.

00:39:05.000 --> 00:39:06.000
 We did?

00:39:06.000 --> 00:39:07.000
 Yes.

00:39:07.000 --> 00:39:08.000
 Okay.

00:39:08.000 --> 00:39:09.000
 Any other questions?

00:39:09.000 --> 00:39:10.000
 Yes.

00:39:10.000 --> 00:39:18.000
 As far as the public vehicular access that you said that they assured that they have,

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?

00:39:25.600 --> 00:39:29.760
 Is it at least 24 feet wide?

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.

00:39:36.160 --> 00:39:38.040
 It's actually 20 foot.

00:39:38.040 --> 00:39:42.040
 We actually reached out to fire two times, and both times they indicated that it was

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.

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

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,

00:40:00.880 --> 00:40:05.680
 but we did pull it up from Denton County records to verify it.

00:40:05.680 --> 00:40:10.480
 And I do have a copy of it with me today, I believe.

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.

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

00:40:23.480 --> 00:40:29.720
 a private drive up on the map, and that it's only 20 feet wide.

00:40:29.720 --> 00:40:36.480
 The DDC does have a requirement for non-single family residential private drives, it has to

00:40:36.480 --> 00:40:41.980
 be at least 24 feet wide when it's constructed.

00:40:41.980 --> 00:40:50.480
 And I understand that these are associated with development requirements, but just so

00:40:50.480 --> 00:40:59.240
 that the Planning and Zoning Commission can have, I guess, an informed decision in this

00:40:59.240 --> 00:41:08.880
 for recommending approval with respect to public access and the ability to drive through

00:41:08.880 --> 00:41:09.880
 it all.

00:41:09.880 --> 00:41:19.360
 The proposal, it sounds like, would not meet the current DDC requirements for access if

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

00:41:27.480 --> 00:41:32.880
 is that they recommend it as far as traffic circulation and what have you.

00:41:32.880 --> 00:41:33.880
 Sure.

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

00:41:41.840 --> 00:41:46.560
 to the site, they're simply using what is existing, it does not meet that expansion

00:41:46.560 --> 00:41:50.960
 applicability table in sub-chapter 13 of the 2002 code.

00:41:50.960 --> 00:41:55.380
 So everything related to development standards don't actually apply.

00:41:55.380 --> 00:42:01.240
 What does apply is specifically the zoning requirements and that's why we call out minimum

00:42:01.240 --> 00:42:08.160
 residential unit size and landscaping, because that is specific to the CMG zoning district.

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

00:42:14.400 --> 00:42:20.000
 to note because it was not an expansion, that's why additional development standards weren't

00:42:20.000 --> 00:42:21.000
 enforced.

00:42:21.000 --> 00:42:32.080
 And sure, it is the recommendation of a specific use permit is discretionary on these elements,

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

00:42:38.600 --> 00:42:39.600
 are there.

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.

00:42:44.660 --> 00:42:50.680
 To provide a little bit more background also, the requirements for the 24-foot aisle are

00:42:50.680 --> 00:42:54.360
 within the subdivision regulations of the DDC.

00:42:54.360 --> 00:42:57.960
 There's also exemptions within the subdivision regulations.

00:42:57.960 --> 00:43:03.680
 If they are, if they're doing an expansion or interior renovation that's not requiring

00:43:03.680 --> 00:43:07.640
 any extension of public improvements, they're not required to plat.

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

00:43:13.240 --> 00:43:14.240
 subdivision regulations.

00:43:14.240 --> 00:43:17.540
 One, because they're not subdividing, two, they're not requiring extension of public

00:43:17.540 --> 00:43:21.840
 improvements that would require them to plat.

00:43:21.840 --> 00:43:22.840
 Mr. Beck?

00:43:22.840 --> 00:43:23.840
 Thank you, Chair.

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

00:43:27.480 --> 00:43:31.180
 be allowed, right?

00:43:31.180 --> 00:43:34.560
 From our perspective, yes.

00:43:34.560 --> 00:43:37.560
 That's for your recommendation.

00:43:37.560 --> 00:43:41.400
 Is it pervious or impervious?

00:43:41.400 --> 00:43:42.400
 Impervious.

00:43:42.400 --> 00:43:43.400
 Okay.

00:43:43.400 --> 00:43:44.400
 Thanks.

00:43:44.400 --> 00:43:47.840
 Any other questions?

00:43:47.840 --> 00:43:48.840
 Great.

00:43:48.840 --> 00:43:52.280
 Thank you very much.

00:43:52.280 --> 00:44:08.200
 Next item on the agenda is item DS19-0002 and this is Julie Wyatt's item.

00:44:08.200 --> 00:44:19.760
 All right, so this is S19-0002, Forest Crossing.

00:44:19.760 --> 00:44:23.200
 The request before you is the specific use permit for multifamily dwellings.

00:44:23.200 --> 00:44:30.240
 The subject property is located north of McKinney between May Hill and Loop 288 here.

00:44:30.240 --> 00:44:33.120
 The property is here in yellow.

00:44:33.120 --> 00:44:36.000
 It's about 15 acres.

00:44:36.000 --> 00:44:39.100
 Subject property has a CMG zoning designation.

00:44:39.100 --> 00:44:46.080
 You might remember that case going before you in 2017, it's been fairly recent.

00:44:46.080 --> 00:44:55.760
 And within the CMG zoning district, multifamily developments require an SUP for development

00:44:55.760 --> 00:45:00.280
 if they're not part of a mixed use type of program.

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

00:45:03.600 --> 00:45:05.640
 for the SUP.

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

00:45:09.400 --> 00:45:10.400
 Development Code.

00:45:10.400 --> 00:45:11.720
 I won't read all of these to you.

00:45:11.720 --> 00:45:12.720
 It is in your backup.

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

00:45:16.040 --> 00:45:18.280
 development.

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.

00:45:22.800 --> 00:45:24.760
 This area is community mixed use.

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

00:45:30.080 --> 00:45:32.240
 residential uses.

00:45:32.240 --> 00:45:37.260
 It's intended to encourage diversity with use, within proximity to each other, to really

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

00:45:43.400 --> 00:45:46.200
 vitality within that area.

00:45:46.200 --> 00:45:49.680
 Multifamily development is consistent with this future land use map.

00:45:49.680 --> 00:45:56.000
 The complementary residential use is definitely a necessary component of any mixed use and

00:45:56.000 --> 00:45:58.400
 commercial center.

00:45:58.400 --> 00:46:02.520
 Multifamily is often also found in mixed use districts.

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

00:46:07.360 --> 00:46:09.340
 projections for Denton.

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

00:46:13.360 --> 00:46:15.000
 growth.

00:46:15.000 --> 00:46:22.160
 Denton is, per the plan, anticipated to grow to over 200,000 people by 2030.

00:46:22.160 --> 00:46:29.240
 In order to accommodate all of those people, at least 12,000 new multifamily units will

00:46:29.240 --> 00:46:30.800
 be needed.

00:46:30.800 --> 00:46:35.680
 In multifamily developments in areas like the subject property, these are strategic

00:46:35.680 --> 00:46:36.680
 areas.

00:46:36.680 --> 00:46:37.680
 They're already urbanized areas.

00:46:37.680 --> 00:46:44.160
 They're adjacent to arterials to access, to schools, to employment, to shopping.

00:46:44.160 --> 00:46:51.080
 And that does promote the intent to reduce sprawl and to provide for a compact development

00:46:51.080 --> 00:46:52.080
 pattern.

00:46:52.080 --> 00:46:59.520
 It's already an urbanized area and adding that multifamily is a component of that.

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.

00:47:03.480 --> 00:47:05.360
 So this is the site plan.

00:47:05.360 --> 00:47:08.280
 It's got lots of colors on it here.

00:47:08.280 --> 00:47:13.680
 The property boundary is outlined in the black hatch mark.

00:47:13.680 --> 00:47:19.720
 They're proposing 12 multifamily buildings, and those are generally shown in the purple.

00:47:19.720 --> 00:47:23.000
 Their lot coverage they're proposing is 68.4%.

00:47:23.000 --> 00:47:26.360
 They could go up to a maximum of 80% in CMG.

00:47:26.360 --> 00:47:31.240
 And then the inverse landscape area is 31.5%.

00:47:31.240 --> 00:47:35.480
 Maximum building height that they're proposing is the 41.9 maximum feet.

00:47:35.480 --> 00:47:38.400
 They could go up to 65 feet.

00:47:38.400 --> 00:47:45.720
 Maximum density in CMG is, it's showing 30.

00:47:45.720 --> 00:47:47.240
 Actually that's an error.

00:47:47.240 --> 00:47:48.240
 It's actually zero.

00:47:48.240 --> 00:47:50.620
 CMG doesn't have a maximum density.

00:47:50.620 --> 00:47:55.840
 So they are proposing 18 dwelling units per acre.

00:47:55.840 --> 00:48:01.780
 They are also proposing a community building with a pool, controlled access gates, two

00:48:01.780 --> 00:48:06.360
 detention areas, one here and one here to ensure that they don't improperly drain on

00:48:06.360 --> 00:48:08.040
 adjacent properties.

00:48:08.040 --> 00:48:12.040
 They're also proposing what I dubbed kind of a donut design.

00:48:12.040 --> 00:48:18.920
 They've got 15 acres here surrounded by undeveloped property, particularly along the arterials.

00:48:18.920 --> 00:48:22.540
 So you see undeveloped property in blue.

00:48:22.540 --> 00:48:26.480
 And then you've got McKinney Street here and Mayhill Road.

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

00:48:32.240 --> 00:48:36.840
 because it puts that residential in a central location.

00:48:36.840 --> 00:48:43.440
 It reserves the property that has the greatest visibility and access adjacent to those arterials,

00:48:43.440 --> 00:48:47.320
 reserves that for the commercial development, also separates the residential from those

00:48:47.320 --> 00:48:52.760
 high capacity roads to kind of provide that buffer.

00:48:52.760 --> 00:48:59.800
 Also fencing is proposed around the subject property as well as the parking will separate

00:48:59.800 --> 00:49:04.380
 the proposed residential from any commercial development to really mute any potential nuisances

00:49:04.380 --> 00:49:09.300
 between commercial development and residential, you know, noise, light, that type of thing.

00:49:09.300 --> 00:49:11.560
 And it also meets parking regulations.

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

00:49:16.800 --> 00:49:19.000
 here.

00:49:19.000 --> 00:49:23.880
 For their landscape plan, they're proposing 476 new trees.

00:49:23.880 --> 00:49:29.360
 Your backup explains the variety in species and canopy.

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

00:49:34.280 --> 00:49:35.280
 the landscape plan.

00:49:35.280 --> 00:49:37.080
 So here's the north portion.

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

00:49:42.080 --> 00:49:43.560
 canopy.

00:49:43.560 --> 00:49:46.080
 And then here's the southern portion.

00:49:46.080 --> 00:49:53.840
 They are also proposing to preserve larger areas for those existing trees.

00:49:53.840 --> 00:49:59.960
 They are meeting the tree preservation requirements, but they are preserving tree stands in specific

00:49:59.960 --> 00:50:03.840
 locations to kind of have more of an impact of that tree preservation.

00:50:03.840 --> 00:50:08.840
 And once again, the green dots show those proposed trees.

00:50:08.840 --> 00:50:10.360
 >> I'm glad you mentioned that was my concern.

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

00:50:14.880 --> 00:50:16.320
 in there about tree preservation.

00:50:16.320 --> 00:50:20.200
 So the tree preservation for this is 20% or 30%?

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

00:50:25.600 --> 00:50:26.880
 they submitted.

00:50:26.880 --> 00:50:31.500
 So they'll meet the minimums of that 12 and a half percent.

00:50:31.500 --> 00:50:34.120
 They will be a mitigation required as well.

00:50:34.120 --> 00:50:35.120
 >> Right.

00:50:35.120 --> 00:50:36.120
 Okay.

00:50:36.120 --> 00:50:37.120
 Thank you.

00:50:37.120 --> 00:50:40.000
 >> Here is a sample of the elevations.

00:50:40.000 --> 00:50:41.720
 They're proposing three story buildings.

00:50:41.720 --> 00:50:47.000
 They've got a variety of earth tones with bright accent colors like orange, yellow and

00:50:47.000 --> 00:50:52.640
 burgundy in specific locations to differentiate the buildings to kind of add a little pop

00:50:52.640 --> 00:50:54.640
 of color.

00:50:54.640 --> 00:51:02.560
 The exterior facades include fiber siding, stone brick and metal guard rails.

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

00:51:09.920 --> 00:51:12.640
 an alternative development plan.

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

00:51:17.240 --> 00:51:18.240
 development plan.

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

00:51:23.880 --> 00:51:29.040
 unique property boundary, they are requesting to deviate from.

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

00:51:34.120 --> 00:51:35.260
 front property line.

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

00:51:42.920 --> 00:51:43.920
 buildings.

00:51:43.920 --> 00:51:45.800
 They're a little too narrow.

00:51:45.800 --> 00:51:49.000
 The other would be the parking areas between the building and the street.

00:51:49.000 --> 00:51:53.520
 There is a parking area proposed for right here for guests.

00:51:53.520 --> 00:51:56.440
 So that is a deviation they're going to be requesting.

00:51:56.440 --> 00:51:59.500
 And then adjacent buildings should have different elevations.

00:51:59.500 --> 00:52:03.920
 They really wanted to go with a consistent theme across all of the buildings.

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.

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

00:52:14.360 --> 00:52:18.600
 and it is approved by the Planning and Zoning Commission.

00:52:18.600 --> 00:52:23.680
 As part of the request, we looked at the infrastructure and in particular transportation.

00:52:23.680 --> 00:52:31.200
 They did a traffic impact analysis and per the ITE trip generation manual, they are anticipating

00:52:31.200 --> 00:52:35.080
 over 2100 trips per day within a 24-hour day.

00:52:35.080 --> 00:52:39.080
 Morning hour peak would be 130 and evening would be 151.

00:52:39.080 --> 00:52:42.860
 As part of the development, they would have to pay roadway impact fees.

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.

00:52:48.560 --> 00:52:53.280
 These are used to implement the mobility plan and the estimated amount for the proposal

00:52:53.280 --> 00:52:58.920
 is about 357,000 or about 1200 per dwelling unit.

00:52:58.920 --> 00:53:05.360
 They will also as part of the development have to improve or make improvements to the

00:53:05.360 --> 00:53:06.360
 perimeter streets.

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

00:53:10.080 --> 00:53:14.820
 a little bit of timing issue with the capital improvements and the development of the property.

00:53:14.820 --> 00:53:18.800
 If the development comes before the capital improvements, particularly on McKinney Street

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

00:53:23.520 --> 00:53:28.640
 to do the perimeter street improvements just on their little tiny portion.

00:53:28.640 --> 00:53:31.760
 If the capital comes first, then they wouldn't be required to do it.

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.

00:53:39.040 --> 00:53:46.080
 They wanted to make sure that there was a safe turning movement into the site going

00:53:46.080 --> 00:53:47.080
 toward the east.

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

00:53:53.200 --> 00:53:55.960
 for building that road?

00:53:55.960 --> 00:54:00.720
 Our impact fee ordinance does have a rebate system.

00:54:00.720 --> 00:54:10.760
 It depends on how much improvements that they construct and then versus that.

00:54:10.760 --> 00:54:16.480
 Once all of the engineering plans get done and the construction costs are determined,

00:54:16.480 --> 00:54:18.800
 that's when we can really see what those credits are.

00:54:18.800 --> 00:54:19.800
 Commissioner Smith.

00:54:19.800 --> 00:54:20.800
 Thank you, Chair.

00:54:20.800 --> 00:54:21.800
 A couple things.

00:54:21.800 --> 00:54:24.040
 One, we're talking about the turn lane.

00:54:24.040 --> 00:54:30.840
 So the left hander on McKinney, has TxDOT expressed any knowledge or conversation about

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

00:54:35.480 --> 00:54:37.440
 like on May Hill heading northbound?

00:54:37.440 --> 00:54:38.960
 Any discussion on that?

00:54:38.960 --> 00:54:39.960
 I have the drawings.

00:54:39.960 --> 00:54:42.000
 If you'll give me a minute, I'll go show them.

00:54:42.000 --> 00:54:43.000
 Sure.

00:54:43.000 --> 00:54:44.000
 Go ahead.

00:54:44.000 --> 00:54:45.000
 Is it May Hill, TxDOT?

00:54:45.000 --> 00:54:49.160
 It's going to be 2499, so I assume it's TxDOT.

00:54:49.160 --> 00:54:53.280
 It's going to be.

00:54:53.280 --> 00:54:58.360
 So they're expanding 249 all the way up to 380.

00:54:58.360 --> 00:55:04.080
 So am I right in saying that, Julie, that it's TxDOT project?

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.

00:55:15.440 --> 00:55:22.920
 There is a full median opening here proposed with a turn lane.

00:55:22.920 --> 00:55:24.720
 Dedicated left turn lane.

00:55:24.720 --> 00:55:25.720
 Okay.

00:55:25.720 --> 00:55:27.200
 The other question I had -- good.

00:55:27.200 --> 00:55:28.200
 Thank you.

00:55:28.200 --> 00:55:29.200
 Appreciate it.

00:55:29.200 --> 00:55:31.760
 The other thing I was going to ask was sidewalks.

00:55:31.760 --> 00:55:38.200
 I know whenever we had the manufactured home project further down the other side of Ryan,

00:55:38.200 --> 00:55:39.200
 what was the discussion?

00:55:39.200 --> 00:55:42.560
 I guess on McKinney and the easements and the development that's supposed to happen,

00:55:42.560 --> 00:55:44.480
 is there a McKinney development down that way?

00:55:44.480 --> 00:55:50.200
 Is that in the traffic department right now with McKinney being widened and improved?

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

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

00:56:01.280 --> 00:56:04.760
 the parents to justify driving them to school every single day, but there is no sidewalks

00:56:04.760 --> 00:56:06.920
 up and down McKinney to Ryan and back.

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

00:56:11.400 --> 00:56:12.400
 or of TxDOT.

00:56:12.400 --> 00:56:14.880
 I could look on here, but TxDOT's plans for sidewalks here as well.

00:56:14.880 --> 00:56:15.880
 Five-foot sidewalk.

00:56:15.880 --> 00:56:16.880
 Five-foot sidewalk?

00:56:16.880 --> 00:56:17.880
 Yes, sir.

00:56:17.880 --> 00:56:18.880
 Okay.

00:56:18.880 --> 00:56:19.880
 For the McKinney expansion?

00:56:19.880 --> 00:56:22.820
 Where is that project at right now?

00:56:22.820 --> 00:56:28.520
 It is, they are close to going under construction, I believe.

00:56:28.520 --> 00:56:29.520
 Okay.

00:56:29.520 --> 00:56:30.520
 Thanks.

00:56:30.520 --> 00:56:36.280
 And this really kind of talks about those nearby capital improvements.

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

00:56:42.080 --> 00:56:45.600
 divided road with curb gutter and sidewalks, that five-foot sidewalk.

00:56:45.600 --> 00:56:48.080
 And then May Hill is under construction.

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

00:56:51.860 --> 00:56:54.480
 added in the future.

00:56:54.480 --> 00:56:57.080
 Water and wastewater are available to the site.

00:56:57.080 --> 00:56:58.160
 Parks.

00:56:58.160 --> 00:57:03.560
 We looked at parks and how close the nearest park was.

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,

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

00:57:16.780 --> 00:57:17.780
 for itself.

00:57:17.780 --> 00:57:22.160
 We are looking at ways to increase their parkland.

00:57:22.160 --> 00:57:26.800
 So I'm sure Parks is going to be going forward with their new master plan.

00:57:26.800 --> 00:57:29.280
 I know they're working at public outreach on that.

00:57:29.280 --> 00:57:33.480
 So it's forthcoming in order to add more parkland.

00:57:33.480 --> 00:57:34.480
 Commissioner Beck.

00:57:34.480 --> 00:57:35.480
 Thank you, Chair.

00:57:35.480 --> 00:57:36.960
 Can you show us where Milam Park is on there?

00:57:36.960 --> 00:57:37.960
 I was…

00:57:37.960 --> 00:57:38.960
 It is.

00:57:38.960 --> 00:57:41.160
 It is across loop 288 and…

00:57:41.160 --> 00:57:42.160
 Okay.

00:57:42.160 --> 00:57:43.160
 Thanks.

00:57:43.160 --> 00:57:50.600
 Schools, there is adequate capacity within the schools that are in the attendance boundary.

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

00:57:55.520 --> 00:57:58.600
 of 8-minute or less response time.

00:57:58.600 --> 00:58:04.160
 We also did, as part of the analysis, just a general property tax analysis looking at

00:58:04.160 --> 00:58:09.260
 the value per acre and the value of the property is unimproved versus what those estimated

00:58:09.260 --> 00:58:10.260
 improvements are.

00:58:10.260 --> 00:58:14.240
 So the estimated improvement value comes from the applicant.

00:58:14.240 --> 00:58:18.400
 That value per acre comes from Denton County Appraisal District.

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

00:58:28.020 --> 00:58:35.120
 taxes with improvements that there would be a potential increase in about $198,000 in

00:58:35.120 --> 00:58:40.160
 city taxes per year.

00:58:40.160 --> 00:58:41.360
 We sent out public notification.

00:58:41.360 --> 00:58:44.880
 We haven't received any responses.

00:58:44.880 --> 00:58:52.360
 So as a recommendation, we recommend approval of the request, that it's consistent with

00:58:52.360 --> 00:59:01.320
 the site plan, landscape plan, and elevations, and these listings just go over what that

00:59:01.320 --> 00:59:09.400
 site plan includes, the 12 buildings, the tree plantings, the bicycle racks.

00:59:09.400 --> 00:59:14.100
 And then as part of our conditions for the recommendation, we recommended that within

00:59:14.100 --> 00:59:18.760
 30 days of City Council approval that they come back with that alternative development

00:59:18.760 --> 00:59:19.760
 plan.

00:59:19.760 --> 00:59:20.760
 They've actually applied for it.

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

00:59:25.920 --> 00:59:30.860
 the Denton Development Code where they've requested a deviation.

00:59:30.860 --> 00:59:33.900
 And I will stand for any questions.

00:59:33.900 --> 00:59:34.900
 >> Mr. Beck.

00:59:34.900 --> 00:59:35.900
 >> Thanks, Chair.

00:59:35.900 --> 00:59:37.520
 Thanks, Julie.

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

00:59:48.140 --> 00:59:51.120
 or preservation was 12%?

00:59:51.120 --> 00:59:53.480
 >> Well it depends on the classification of the trees.

00:59:53.480 --> 01:00:02.480
 So the secondary trees, I believe, they have to preserve 20%, but they can mitigate down

01:00:02.480 --> 01:00:03.480
 to 10%.

01:00:03.480 --> 01:00:04.800
 The quality trees would be --

01:00:04.800 --> 01:00:10.040
 >> See, I thought it was they could -- it was 30% they could mitigate down to 20%.

01:00:10.040 --> 01:00:11.040
 >> That's the new one.

01:00:11.040 --> 01:00:12.040
 >> That's the new one.

01:00:12.040 --> 01:00:13.040
 Yes, sir.

01:00:13.040 --> 01:00:14.040
 >> Okay.

01:00:14.040 --> 01:00:15.040
 >> We're going to go over that on the next one.

01:00:15.040 --> 01:00:16.040
 >> Okay.

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.

01:00:18.940 --> 01:00:22.680
 We were talking about the roads and widening.

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

01:00:28.720 --> 01:00:33.360
 Dutchess Drive, and obviously there's that little commercial area.

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

01:00:41.560 --> 01:00:45.320
 of stand out so traffic buzzing through there, we'll know.

01:00:45.320 --> 01:00:46.320
 >> I don't know.

01:00:46.320 --> 01:00:47.320
 >> Okay.

01:00:47.320 --> 01:00:49.280
 >> I haven't been -- no discussion about that.

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

01:00:54.760 --> 01:00:55.760
 bring that up later.

01:00:55.760 --> 01:00:56.760
 Thanks.

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

01:01:05.440 --> 01:01:10.000
 bring this up with the matrix, is I'll deal with it later.

01:01:10.000 --> 01:01:11.000
 Thanks.

01:01:11.000 --> 01:01:12.000
 >> Okay.

01:01:12.000 --> 01:01:13.000
 >> Krista Ellis.

01:01:13.000 --> 01:01:14.000
 >> Thank you.

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

01:01:20.720 --> 01:01:22.120
 to come back through?

01:01:22.120 --> 01:01:27.480
 Is there no other way to do this?

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

01:01:34.720 --> 01:01:41.960
 through another process and cost, and I don't -- I'm very confused.

01:01:41.960 --> 01:01:42.960
 >> Unfortunately, no.

01:01:42.960 --> 01:01:43.960
 >> Really?

01:01:43.960 --> 01:01:44.960
 Okay.

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,

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

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,

01:02:09.120 --> 01:02:14.720
 including even under the 2019 code, which would still require an SUP, and this was the

01:02:14.720 --> 01:02:17.920
 route that they wanted to move forward with.

01:02:17.920 --> 01:02:18.920
 >> Okay.

01:02:18.920 --> 01:02:28.480
 >> I don't see any other questions.

01:02:28.480 --> 01:02:31.520
 Thank you, Julie.

01:02:31.520 --> 01:02:35.240
 You are coming back up.

01:02:35.240 --> 01:02:45.120
 There's a new project, Agave Ranch, that we get to hear about.

01:02:45.120 --> 01:02:48.680
 >> I'll be brief on this one.

01:02:48.680 --> 01:02:50.280
 All right.

01:02:50.280 --> 01:02:54.520
 This is Z1811, Agave Ranch.

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

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

01:03:03.560 --> 01:03:08.640
 did have a request to rezone the entire subject property at NR4.

01:03:08.640 --> 01:03:13.080
 At that meeting, Planning and Zoning Commission recommended denial.

01:03:13.080 --> 01:03:15.840
 They came back and modified the request.

01:03:15.840 --> 01:03:18.680
 It did not go to City Council at that time.

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

01:03:23.280 --> 01:03:29.760
 of NR3, NR4, and NR2, and that was on May 15th.

01:03:29.760 --> 01:03:34.640
 At the deliberation, the Planning and Zoning Commission recommended they go back and revise

01:03:34.640 --> 01:03:41.720
 the plan to reduce the densities, and so the Planning and Zoning Commission voted to postpone

01:03:41.720 --> 01:03:44.680
 the item indefinitely so that they could revise their plan.

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,

01:03:49.120 --> 01:03:52.560
 so here we are this evening.

01:03:52.560 --> 01:03:54.260
 So the request.

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,

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

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

01:04:20.800 --> 01:04:22.760
 the loop.

01:04:22.760 --> 01:04:26.480
 And just here's a map of the current and then what they're proposing.

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

01:04:33.320 --> 01:04:43.560
 the north and east portions and then the NR3 to be adjacent to FM 428.

01:04:43.560 --> 01:04:46.240
 So your backup has a lot of this information.

01:04:46.240 --> 01:04:49.480
 NR3 and NR2 are both kind of single-family districts.

01:04:49.480 --> 01:04:52.160
 Some of them do have a little different uses.

01:04:52.160 --> 01:04:53.480
 Or density districts.

01:04:53.480 --> 01:04:58.680
 The existing zoning is more of our rural or agricultural districts.

01:04:58.680 --> 01:05:02.400
 The criteria for approval is in sub-chapter 3 of the Denton Development Code.

01:05:02.400 --> 01:05:05.440
 First thing we always look at, Denton Plan 2030.

01:05:05.440 --> 01:05:08.000
 The area is designated rural area.

01:05:08.000 --> 01:05:14.440
 The proposed zoning district does not meet the future land use designation.

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

01:05:20.040 --> 01:05:24.640
 is it compatible with the existing land and zoning uses and the impact of future development.

01:05:24.640 --> 01:05:29.680
 Our analysis yielded that this is a rural but it is an urbanizing area and development,

01:05:29.680 --> 01:05:34.380
 the way it's tracking is going up toward our north arterials.

01:05:34.380 --> 01:05:41.720
 And so these recent cases do show a continuous development pattern.

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

01:05:48.200 --> 01:05:55.860
 could potentially create a buffer between the rural areas to the east and FM428.

01:05:55.860 --> 01:06:00.320
 We looked at or the applicant provided trip generation for more units than what they're

01:06:00.320 --> 01:06:06.800
 proposing, actually 310, and that would yield the higher number of units because the current

01:06:06.800 --> 01:06:11.960
 proposal would be a maximum of 252 dwelling units.

01:06:11.960 --> 01:06:15.920
 310 would generate about 2,900 trips per day.

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

01:06:22.160 --> 01:06:23.640
 study.

01:06:23.640 --> 01:06:29.120
 And there are capital improvement projects in the area, particularly a signal at the

01:06:29.120 --> 01:06:36.060
 intersection of FM428 and Loop 288, as well as a dedicated right turn in that area.

01:06:36.060 --> 01:06:40.200
 So both of those things are supposed to be installed by the end of the year.

01:06:40.200 --> 01:06:48.100
 And here's what the transportation study determined, that there are more east-west

01:06:48.100 --> 01:06:50.640
 connections needed in this area.

01:06:50.640 --> 01:06:55.700
 Right now, really, FM428 is the central spine getting in and out of Denton.

01:06:55.700 --> 01:07:02.520
 And so additional east-west connections are going to be needed in order to accommodate

01:07:02.520 --> 01:07:10.360
 future and current growth, as well as the outer loop that will eventually come our way.

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

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.

01:07:22.240 --> 01:07:27.400
 And then Hartley Field, per this proposed plan, would kind of straighten out and head

01:07:27.400 --> 01:07:28.400
 west.

01:07:28.400 --> 01:07:37.000
 >> Julie, those are proposed roads, would the developer have to have right-of-way dedicated

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

01:07:42.040 --> 01:07:45.840
 the development if we don't know where those roads are going to be?

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

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.

01:07:54.640 --> 01:08:03.300
 And probably as this area develops, the first project may set those alignments.

01:08:03.300 --> 01:08:05.000
 Water and sewer are available to the site.

01:08:05.000 --> 01:08:09.560
 There will be extensions required, but they are in the area.

01:08:09.560 --> 01:08:16.600
 There are -- there is adequate capacity in DISD, and also there is a fire station within

01:08:16.600 --> 01:08:20.520
 1.2 miles of the subject property.

01:08:20.520 --> 01:08:27.960
 Impact fees will be required to be paid once the -- as the property develops.

01:08:27.960 --> 01:08:33.120
 A good shorthand for our current roadway impact fees is that for a single-family development,

01:08:33.120 --> 01:08:38.160
 it's about $2,000 per development -- per house for the roadway.

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.

01:08:45.400 --> 01:08:49.260
 That can either be dedicated by land or by payment in lieu.

01:08:49.260 --> 01:08:54.320
 And then the total park development fees -- there's two items for parks.

01:08:54.320 --> 01:09:01.320
 The development fee would be paid at each building permit, $291 per single-family house.

01:09:01.320 --> 01:09:07.180
 We also did a property tax analysis based upon just what the current value is.

01:09:07.180 --> 01:09:11.360
 Part of the property does have an agricultural exemption, so that does lower their property

01:09:11.360 --> 01:09:14.800
 tax liability or value.

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

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

01:09:29.960 --> 01:09:39.800
 that there would be a difference of about $572,000 in taxes paid to the city.

01:09:39.800 --> 01:09:43.040
 We also looked at consideration of character and land use.

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

01:09:48.240 --> 01:09:53.400
 overlay restriction to restrict all uses back to the single-family.

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

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

01:10:06.080 --> 01:10:07.200
 point of that trail.

01:10:07.200 --> 01:10:09.720
 It needs to be off -- it can't be on the street.

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

01:10:14.840 --> 01:10:21.520
 the adjacent properties, so that as the area develops, the -- that trail could be extended

01:10:21.520 --> 01:10:25.920
 hopefully toward our Clear Creek Natural Heritage Center.

01:10:25.920 --> 01:10:30.480
 That would be great to have trail systems off street.

01:10:30.480 --> 01:10:36.560
 We're also proposing a buffer along FM428, both in landscaping and fencing, as well as

01:10:36.560 --> 01:10:38.320
 a berm.

01:10:38.320 --> 01:10:41.840
 We sent out public notification.

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.

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

01:10:57.060 --> 01:10:58.240
 project has had a long history.

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

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

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

01:11:16.560 --> 01:11:20.040
 Field Road area and then in this area up here.

01:11:20.040 --> 01:11:25.640
 We've also received some in favor of the property -- or of the project.

01:11:25.640 --> 01:11:32.000
 Staff does recommend approval of the request, but with conditions that the single-family

01:11:32.000 --> 01:11:39.760
 only be permitted, provided for that pathway and then that 30-foot landscape buffer adjacent

01:11:39.760 --> 01:11:40.760
 to FM428.

01:11:40.760 --> 01:11:43.320
 And I'll stand for any questions.

01:11:43.320 --> 01:11:44.320
 Commissioner Beck.

01:11:44.320 --> 01:11:45.320
 Thank you, Chair.

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

01:11:50.840 --> 01:11:52.960
 have to cross over from the west side?

01:11:52.960 --> 01:11:54.280
 They may have to bore under.

01:11:54.280 --> 01:11:55.280
 Okay.

01:11:55.280 --> 01:11:56.280
 They couldn't cut the road.

01:11:56.280 --> 01:11:57.280
 They would have to go under.

01:11:57.280 --> 01:11:58.280
 Right.

01:11:58.280 --> 01:11:59.280
 Okay.

01:11:59.280 --> 01:12:04.000
 In terms of land material, it says the future land use designation for the subject property

01:12:04.000 --> 01:12:06.760
 is rural areas.

01:12:06.760 --> 01:12:11.240
 Rural areas are intended to maintain the rural character along the city's edge by encouraging

01:12:11.240 --> 01:12:14.040
 the development of farms and ranches.

01:12:14.040 --> 01:12:20.240
 Are we seeing any development of farms and ranches around this area?

01:12:20.240 --> 01:12:24.240
 I'm not aware of any -- Like new ones?

01:12:24.240 --> 01:12:25.240
 Yeah.

01:12:25.240 --> 01:12:33.000
 Are there any people proposing to develop this land for farm or ranch use?

01:12:33.000 --> 01:12:38.560
 We have met with some adjacent and surrounding property owners that own some large tracts

01:12:38.560 --> 01:12:43.800
 of land, and it was not for the purposes of ranching or farming.

01:12:43.800 --> 01:12:44.800
 Okay.

01:12:44.800 --> 01:12:47.320
 So that's not something that's likely to happen then, right?

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

01:12:52.440 --> 01:12:59.920
 with a property owner that was looking at doing some small ranchettes with sort of the

01:12:59.920 --> 01:13:04.320
 shared -- almost a shared ranch kind of concept.

01:13:04.320 --> 01:13:08.000
 But again, much further north than the subject property.

01:13:08.000 --> 01:13:09.000
 Okay.

01:13:09.000 --> 01:13:10.000
 Okay.

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

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

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.

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

01:13:36.600 --> 01:13:37.600
 bit.

01:13:37.600 --> 01:13:38.600
 It's my sense.

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

01:13:46.320 --> 01:13:48.000
 ranch or anything like that?

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

01:13:54.320 --> 01:13:55.320
 request.

01:13:55.320 --> 01:13:56.320
 Okay.

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

01:14:01.120 --> 01:14:02.120
 then?

01:14:02.120 --> 01:14:03.760
 Is that safe to say?

01:14:03.760 --> 01:14:06.920
 Well, I did the math on each one.

01:14:06.920 --> 01:14:12.120
 So NR2 permits a maximum density of two dwelling units per acre.

01:14:12.120 --> 01:14:14.600
 The NR3 is three and a half dwelling units per acre.

01:14:14.600 --> 01:14:20.660
 So when you do that across it, it comes up to that 252 dwelling units across.

01:14:20.660 --> 01:14:25.280
 They haven't given me a plan as to how they would organize those --

01:14:25.280 --> 01:14:28.760
 But there actually will be 252 homes, or that's what they're proposing?

01:14:28.760 --> 01:14:33.000
 That is just what kind of I analyzed based upon what the maximum could be.

01:14:33.000 --> 01:14:34.000
 It could be less.

01:14:34.000 --> 01:14:35.000
 Okay.

01:14:35.000 --> 01:14:36.000
 Could be.

01:14:36.000 --> 01:14:37.000
 Sure.

01:14:37.000 --> 01:14:38.000
 Great.

01:14:38.000 --> 01:14:39.000
 Thank you.

01:14:39.000 --> 01:14:40.000
 Kosher Ellis.

01:14:40.000 --> 01:14:41.000
 Thank you, Chair.

01:14:41.000 --> 01:14:43.440
 Back to the discussion earlier about developing.

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?

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

01:14:53.720 --> 01:14:55.400
 a plat come through.

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

01:15:03.320 --> 01:15:07.640
 -- if 428 actually runs north in that regard.

01:15:07.640 --> 01:15:10.680
 I believe that was one in the ETJ that was looking at --

01:15:10.680 --> 01:15:11.680
 Yeah.

01:15:11.680 --> 01:15:12.680
 It seems like it was very recent.

01:15:12.680 --> 01:15:13.680
 They were --

01:15:13.680 --> 01:15:14.680
 And the ETJ was subdivided into --

01:15:14.680 --> 01:15:19.680
 Into like ten -- one acre subdivision lots.

01:15:19.680 --> 01:15:20.680
 Correct.

01:15:20.680 --> 01:15:31.360
 Julie, on this slide, the pink outlined gray area, that's county or ETJ?

01:15:31.360 --> 01:15:32.360
 Correct.

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.

01:15:38.640 --> 01:15:45.160
 And then the notification map doesn't align to the actual property line, that's because

01:15:45.160 --> 01:15:47.160
 of the original zoning?

01:15:47.160 --> 01:15:48.400
 Correct.

01:15:48.400 --> 01:15:57.160
 So the notification, that 200-foot boundary -- now, we noticed all property owners within

01:15:57.160 --> 01:16:09.280
 the city within -- for the entire 92 acres, but in terms of the opposition and creating

01:16:09.280 --> 01:16:15.360
 that supermajority, the only portions that factor into that are those that are currently

01:16:15.360 --> 01:16:16.880
 have a zoning.

01:16:16.880 --> 01:16:21.600
 So that is just this portion adjacent to FM428.

01:16:21.600 --> 01:16:28.780
 That area that has that RD5X zoning, that doesn't come into play with the calculation

01:16:28.780 --> 01:16:31.020
 of the 20% opposition.

01:16:31.020 --> 01:16:38.680
 But we did notify all property owners within 200 feet of the larger tract.

01:16:38.680 --> 01:16:43.240
 Another question I have for clarification, there's a requirement to be within 1,300 feet

01:16:43.240 --> 01:16:47.920
 of an entrance to the walking trail and ten minutes for a park?

01:16:47.920 --> 01:16:48.920
 Those are two different things.

01:16:48.920 --> 01:16:53.080
 So it's 1,300 feet to an entrance and then ten minutes to a park.

01:16:53.080 --> 01:16:55.680
 You're not saying it takes ten minutes to walk 1,000 feet?

01:16:55.680 --> 01:16:56.680
 No.

01:16:56.680 --> 01:16:57.680
 No.

01:16:57.680 --> 01:16:58.680
 Okay.

01:16:58.680 --> 01:17:04.440
 That's a massive threshold for a developer to have put on them.

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

01:17:08.800 --> 01:17:11.680
 in where that trail would go within the property.

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

01:17:17.040 --> 01:17:18.080
 the front door.

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

01:17:24.640 --> 01:17:26.240
 family lot.

01:17:26.240 --> 01:17:27.240
 Gotcha.

01:17:27.240 --> 01:17:28.240
 Commissioner Ellis.

01:17:28.240 --> 01:17:29.320
 Thank you, Chair.

01:17:29.320 --> 01:17:32.200
 There was not another meeting with this new proposal, correct?

01:17:32.200 --> 01:17:33.200
 No, ma'am.

01:17:33.200 --> 01:17:34.200
 Okay.

01:17:34.200 --> 01:17:35.200
 Not that I'm aware of.

01:17:35.200 --> 01:17:37.920
 The applicant will be here, so...

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

01:17:41.800 --> 01:17:45.800
 citizens will provide their own feedback, but I don't know if there's a correlation

01:17:45.800 --> 01:17:53.000
 of non-new horse ranch applicants, if there's a correlation to that industry dying there.

01:17:53.000 --> 01:17:58.120
 I think it seems as though there's a pretty big healthy breeding and ranching industry

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

01:18:02.320 --> 01:18:06.480
 that their businesses are struggling or dying off?

01:18:06.480 --> 01:18:12.000
 My concern was the prospects of this being sustained over the long run.

01:18:12.000 --> 01:18:13.000
 Perfect.

01:18:13.000 --> 01:18:14.320
 Thanks for that clarification.

01:18:14.320 --> 01:18:16.160
 Any questions for Julie?

01:18:16.160 --> 01:18:18.160
 All right.

01:18:18.160 --> 01:18:20.640
 Do we get food?

01:18:20.640 --> 01:18:21.640
 No.

01:18:21.640 --> 01:18:22.640
 Okay.

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

01:18:27.520 --> 01:18:35.080
 of business is item F, Z18-Z025.

01:18:35.080 --> 01:18:39.520
 I think she's having -- has a combined presentation.

01:18:39.520 --> 01:18:40.520
 Gotcha.

01:18:40.520 --> 01:18:44.040
 So Julie, you're going to be combining F and G into one?

01:18:44.040 --> 01:18:45.040
 All right.

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

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.

01:18:59.680 --> 01:19:04.500
 So this is Z18-25 and S19-4, Hunters Creek.

01:19:04.500 --> 01:19:11.640
 The request before you is a zoning case to amend Ordinance 2014-075 to remove overlay

01:19:11.640 --> 01:19:17.920
 restrictions that prohibited multifamily dwellings, and then a specific use permit to permit multifamily

01:19:17.920 --> 01:19:18.920
 dwellings.

01:19:18.920 --> 01:19:22.040
 The subject property is located north of Ryan Road.

01:19:22.040 --> 01:19:29.000
 It's outlined here in yellow, and it is west of Teasley.

01:19:29.000 --> 01:19:31.680
 Give you a background on what's happened on the property.

01:19:31.680 --> 01:19:35.480
 Prior to 2008, the property was zoned in R2.

01:19:35.480 --> 01:19:39.320
 It was part of a larger 54-acre tract.

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

01:19:43.800 --> 01:19:44.800
 of the property.

01:19:44.800 --> 01:19:48.080
 So it's outlined here in black.

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.

01:19:56.120 --> 01:20:01.280
 Those restrictions said no more than 50% of the site could be developed with commercial

01:20:01.280 --> 01:20:07.960
 retail, and that multifamily dwellings could not be constructed along Teasley Lane to keep

01:20:07.960 --> 01:20:11.000
 that road frontage for commercial development.

01:20:11.000 --> 01:20:15.200
 And Julie, what classifies property fronting at Teasley Lane?

01:20:15.200 --> 01:20:19.160
 Is there a distance of feet, or how is that defined?

01:20:19.160 --> 01:20:23.560
 There was an illustration in that zoning.

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

01:20:32.120 --> 01:20:36.680
 area to say anything along here couldn't be multifamily.

01:20:36.680 --> 01:20:43.920
 Do we know if the overlay was on the subject property as it is now?

01:20:43.920 --> 01:20:48.440
 The overlay of no multifamily dwellings could be contracted on the portion fronting.

01:20:48.440 --> 01:20:53.840
 This 8 acres that we're talking about tonight, did that fall underneath the overlay restriction

01:20:53.840 --> 01:20:55.000
 that fronts Teasley?

01:20:55.000 --> 01:20:57.080
 That is a great question.

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,

01:21:05.120 --> 01:21:08.080
 but I can look at that ordinance and try to get an answer for you.

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

01:21:12.240 --> 01:21:16.360
 ago and how they're thinking and planning through this.

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

01:21:23.440 --> 01:21:28.680
 helpful context to know about where that overlay actually was applied to, of where the previous

01:21:28.680 --> 01:21:31.520
 individuals thought there should be multifamily and not.

01:21:31.520 --> 01:21:32.520
 Sure.

01:21:32.520 --> 01:21:33.520
 Let me see if I can pull that up for you.

01:21:33.520 --> 01:21:34.520
 Thanks.

01:21:34.520 --> 01:21:41.040
 In 2014, that was the subject of another rezoning case.

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.

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,

01:21:54.480 --> 01:21:57.640
 and so this is a total of 23 acres.

01:21:57.640 --> 01:22:06.000
 It did have overlay restrictions on that NRMU, which prohibited multifamily dwellings and

01:22:06.000 --> 01:22:10.000
 also said that that area could be developed with commercial development, so it didn't

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

01:22:18.680 --> 01:22:19.680
 did.

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

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

01:22:32.080 --> 01:22:38.960
 property here, leaving the remainder of the property with that overlay restriction.

01:22:38.960 --> 01:22:39.960
 Criteria for approval in the zoning.

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

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

01:22:48.960 --> 01:22:50.760
 infrastructure?

01:22:50.760 --> 01:22:54.760
 First of all, Dent Plan 2030, once again, this property, like the last one, identifies

01:22:54.760 --> 01:22:56.720
 this area as community mixed use.

01:22:56.720 --> 01:23:01.760
 Again, it's intended to promote a mix of uses, both with commercial and that complementary

01:23:01.760 --> 01:23:08.000
 residential use, and once again, we want to encourage a diverse array of uses in these

01:23:08.000 --> 01:23:14.960
 areas to ensure economic viability and to really have dynamic developments.

01:23:14.960 --> 01:23:18.720
 Multifamily development is consistent with the future land use map.

01:23:18.720 --> 01:23:24.120
 Once again, it's a complementary residential use, and when you look at the future land

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.

01:23:29.300 --> 01:23:31.640
 You can't necessarily just zoom in on the property.

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

01:23:37.240 --> 01:23:44.120
 of works together, and so you could see that this yellow portion, that's low residential

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

01:23:51.080 --> 01:23:56.760
 toward the intersection of Teasley and Ryan that you get this commercial center here.

01:23:56.760 --> 01:24:01.440
 So it really does allow for that transition of uses.

01:24:01.440 --> 01:24:05.120
 Multifamily would be an appropriate use in this location just because it does provide

01:24:05.120 --> 01:24:09.920
 that adequate transition, creates that buffer between the single family uses.

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,

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

01:24:18.200 --> 01:24:24.940
 of transition nicely from the west toward the east.

01:24:24.940 --> 01:24:30.280
 Once again, you saw this in the last presentation.

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

01:24:35.400 --> 01:24:44.600
 to accommodate for future growth, and this is an urbanized area that Teasley Lane has

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,

01:24:52.720 --> 01:24:57.640
 the schools, the parks, the employment centers, and the shopping, that's where you want to

01:24:57.640 --> 01:24:59.040
 put your residential.

01:24:59.040 --> 01:25:04.840
 You want to make sure that compact development pattern continues within the city.

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

01:25:09.960 --> 01:25:15.740
 title slide about the infrastructure we're going to be talking about related to transportation.

01:25:15.740 --> 01:25:18.440
 First we looked at a trip generation analysis.

01:25:18.440 --> 01:25:20.840
 This is kind of a dynamic area.

01:25:20.840 --> 01:25:25.000
 You've got residential, you've got a proposed multifamily, you've got existing commercial,

01:25:25.000 --> 01:25:27.240
 and then you have future commercial.

01:25:27.240 --> 01:25:28.840
 How does this all work together?

01:25:28.840 --> 01:25:34.600
 We first wanted to compare the traffic volumes generated by the proposal versus what the

01:25:34.600 --> 01:25:37.640
 potential commercial development on the site could be.

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

01:25:42.740 --> 01:25:49.280
 center versus that multifamily, and we saw that just when you -- those top line comparisons,

01:25:49.280 --> 01:25:53.800
 the proposed multifamily would generate less traffic than a commercial development in this

01:25:53.800 --> 01:25:54.800
 location.

01:25:54.800 --> 01:25:58.360
 We also looked at roadway impact fees.

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

01:26:05.360 --> 01:26:10.400
 toward implementation of our mobility plan, and that comes to about $265,000.

01:26:10.400 --> 01:26:15.360
 They would also be required to do perimeter street improvements as well as some access

01:26:15.360 --> 01:26:17.200
 improvements.

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

01:26:23.960 --> 01:26:29.280
 side, and then full access to Hunter's Creek.

01:26:29.280 --> 01:26:34.760
 As you can see, this single family development, there was -- Hunter's Creek right here was

01:26:34.760 --> 01:26:40.000
 stubbed out to the subject property, and so as part of this development, they will be

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

01:26:46.200 --> 01:26:51.480
 lane, two exiting, and one entering, and they'll have full access from the subject property

01:26:51.480 --> 01:26:52.960
 to that Hunter's Creek.

01:26:52.960 --> 01:26:54.560
 Commissioner Smith.

01:26:54.560 --> 01:26:57.400
 Thank you, Chair.

01:26:57.400 --> 01:26:59.880
 Was there a traffic analysis done with this?

01:26:59.880 --> 01:27:01.520
 They've done a traffic assessment memo.

01:27:01.520 --> 01:27:04.560
 They haven't done that full traffic impact analysis.

01:27:04.560 --> 01:27:10.480
 That will come at that platting stage, but we have met with the applicant's engineers

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

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

01:27:20.200 --> 01:27:21.200
 will be coming.

01:27:21.200 --> 01:27:22.200
 Okay.

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

01:27:28.720 --> 01:27:33.720
 know the traffic assessment memo, how different it is, and what criteria, what things are

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

01:27:40.120 --> 01:27:44.480
 then the impact of the existing site.

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

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

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

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

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

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

01:28:12.800 --> 01:28:13.880
 happening with that?

01:28:13.880 --> 01:28:15.440
 We talked about that very topic.

01:28:15.440 --> 01:28:16.440
 I have a slide about that.

01:28:16.440 --> 01:28:17.440
 Okay.

01:28:17.440 --> 01:28:18.440
 Well, let's talk about it.

01:28:18.440 --> 01:28:20.600
 It's the next one.

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

01:28:27.340 --> 01:28:29.320
 neighborhoods play together.

01:28:29.320 --> 01:28:32.280
 So here's Teasley Trails here.

01:28:32.280 --> 01:28:34.000
 It's outlined in blue.

01:28:34.000 --> 01:28:37.320
 It has several access points to get in and out.

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

01:28:42.440 --> 01:28:43.600
 in this location.

01:28:43.600 --> 01:28:45.040
 You've got Ranch Man.

01:28:45.040 --> 01:28:48.180
 That's an access point, and then the future Hunter's Creek.

01:28:48.180 --> 01:28:49.440
 That's an access point to Teasley.

01:28:49.440 --> 01:28:52.120
 They also have full access to Ryan Road here.

01:28:52.120 --> 01:28:55.320
 So there's several ways in and out of Teasley Trails.

01:28:55.320 --> 01:29:01.040
 The neighborhood across the street, across Teasley, really only has one and a half options

01:29:01.040 --> 01:29:05.320
 of getting in and out of their neighborhood, and it's quite a few homes.

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

01:29:10.360 --> 01:29:12.540
 close together, and there's no signal there.

01:29:12.540 --> 01:29:13.880
 So it makes it difficult.

01:29:13.880 --> 01:29:19.040
 They essentially have one way in and out.

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.

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.

01:29:33.160 --> 01:29:35.440
 Commissioner Ellis.

01:29:35.440 --> 01:29:36.440
 Thank you, Chair.

01:29:36.440 --> 01:29:40.360
 Is Hunter's Creek connecting to the west into Teasley Trails?

01:29:40.360 --> 01:29:41.360
 It will.

01:29:41.360 --> 01:29:42.360
 Yes, ma'am.

01:29:42.360 --> 01:29:49.720
 So as this area develops, with the residential to the west of the subject property, Teasley

01:29:49.720 --> 01:29:58.480
 Trails, with the subject property, the multifamily, if approved, and the neighborhood to the east,

01:29:58.480 --> 01:30:05.560
 as well as when our engineering feels that once this commercial component comes in, there

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

01:30:10.760 --> 01:30:16.980
 also a deceleration lane on Teasley going south to create that safe turning movement.

01:30:16.980 --> 01:30:23.120
 So that really is anticipated by our engineering department once all of this area develops

01:30:23.120 --> 01:30:24.120
 out.

01:30:24.120 --> 01:30:26.240
 Commissioner Ellis.

01:30:26.240 --> 01:30:27.240
 Thank you, Chair.

01:30:27.240 --> 01:30:32.600
 Julie, do we know if TxDOT has signed a new agreement with the contractor to continue

01:30:32.600 --> 01:30:36.360
 the work that was started by the contractor they released?

01:30:36.360 --> 01:30:37.360
 I don't believe so.

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.

01:30:42.400 --> 01:30:43.400
 Commissioner Smith.

01:30:43.400 --> 01:30:48.080
 Does the engineers feel like it's dependent upon the commercial rather than just the fact

01:30:48.080 --> 01:30:52.560
 of adding in bodies into a multifamily, along with the single-family residential that's

01:30:52.560 --> 01:30:54.120
 already existing there?

01:30:54.120 --> 01:30:57.220
 Well, maybe this slide will help answer that.

01:30:57.220 --> 01:31:02.920
 So the surrounding single-family, we kind of looked at 430 dwelling units, and that

01:31:02.920 --> 01:31:08.520
 really was based upon the assumption of who in Teasley Trails would use Hunters Creek,

01:31:08.520 --> 01:31:11.480
 and then that Summit Oaks neighborhood to the east.

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

01:31:19.460 --> 01:31:22.720
 alone create over 4,000 trips per day.

01:31:22.720 --> 01:31:26.400
 The proposed multifamily would add about 1,100 trips to that.

01:31:26.400 --> 01:31:30.880
 And then we looked at what the potential uses could be for the commercial component and

01:31:30.880 --> 01:31:34.440
 kind of what kind of trips would be associated with that.

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.

01:31:39.760 --> 01:31:43.240
 It won't just necessarily be one commercial use, so it will be a variety.

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

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

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

01:32:03.840 --> 01:32:11.680
 trigger the warrant for the light in that area.

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

01:32:19.160 --> 01:32:26.000
 residential isn't enough, but the extra 6,000 or so of the commercial is?

01:32:26.000 --> 01:32:30.000
 Our engineering didn't feel like just the residential component alone would warrant

01:32:30.000 --> 01:32:31.000
 the light.

01:32:31.000 --> 01:32:36.120
 The grocery store is the biggest trip generator whenever looking at it from that standpoint

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

01:32:42.600 --> 01:32:48.560
 know how the likelihood of building another grocery store right next to the Walmart there

01:32:48.560 --> 01:32:52.280
 is, especially with the Kroger down that way, and then what, the Albertsons is still the

01:32:52.280 --> 01:32:53.280
 other map?

01:32:53.280 --> 01:32:54.280
 No, I'm outdated.

01:32:54.280 --> 01:32:55.280
 Albertsons is not the way.

01:32:55.280 --> 01:32:56.280
 That's gone.

01:32:56.280 --> 01:32:57.280
 It's now Trampoline Park.

01:32:57.280 --> 01:32:58.280
 Long time ago.

01:32:58.280 --> 01:32:59.280
 Whatever.

01:32:59.280 --> 01:33:00.280
 Same difference.

01:33:00.280 --> 01:33:04.400
 But, and then yeah, there's a lot of grocery stores in the area.

01:33:04.400 --> 01:33:05.400
 I don't know.

01:33:05.400 --> 01:33:09.800
 It just feels like this almost, just this project alone with the current single-family

01:33:09.800 --> 01:33:13.640
 seems like it should be enough to predicate a traffic light.

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,

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

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

01:33:29.840 --> 01:33:34.440
 this multifamily property, rather than having to wait for commercial to develop, because

01:33:34.440 --> 01:33:37.200
 it's kind of a hope and a prayer, right, that the commercial gets developed.

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

01:33:39.840 --> 01:33:40.840
 now.

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,"

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

01:33:50.960 --> 01:33:54.920
 we have something concrete that we're looking at now.

01:33:54.920 --> 01:33:56.800
 Sure, sure.

01:33:56.800 --> 01:33:58.400
 There are nearby capital improvements.

01:33:58.400 --> 01:34:00.840
 I know Commissioner Ellis talked about TxDOT.

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.

01:34:08.160 --> 01:34:13.320
 Its final design will add additional capacity, not only for the residents in the area, but

01:34:13.320 --> 01:34:17.520
 people who are traveling to our city and outside of our city.

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

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

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

01:34:40.640 --> 01:34:41.640
 department.

01:34:41.640 --> 01:34:48.160
 Also, the city has commissioned a transportation study for this entire area, and that's factoring

01:34:48.160 --> 01:34:53.200
 in those improvements on Ryan Road and Hickory Creek Road, with additional improvements in

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

01:35:00.760 --> 01:35:08.520
 on so few roads that don't have the capacity.

01:35:08.520 --> 01:35:10.600
 Water and wastewater are available in the area.

01:35:10.600 --> 01:35:11.600
 There is a park.

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

01:35:17.800 --> 01:35:23.480
 again, park dedication and development fees will be required for the development.

01:35:23.480 --> 01:35:27.400
 The schools that are within the attendance boundary, Sam Houston Elementary, McMath Middle,

01:35:27.400 --> 01:35:31.200
 and Denton High School have capacity, and there is a fire station within that eight-minute

01:35:31.200 --> 01:35:33.800
 or less boundary.

01:35:33.800 --> 01:35:38.640
 So staff has analyzed the request and does feel that it meets that requirement for the

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

01:35:43.720 --> 01:35:45.040
 talk about the SUP.

01:35:45.040 --> 01:35:49.680
 So we do recommend approval of the rezoning to remove that overlay restriction.

01:35:49.680 --> 01:35:54.120
 SUP criteria for approval is in sub-chapter six.

01:35:54.120 --> 01:35:56.480
 We'll just look at the site plan.

01:35:56.480 --> 01:35:58.960
 It is in this location.

01:35:58.960 --> 01:36:00.320
 The purple is the buildings.

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

01:36:07.760 --> 01:36:09.320
 Ryan Road.

01:36:09.320 --> 01:36:14.640
 They're proposing 59.2% lot coverage, maximum building height of 50 feet.

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.

01:36:22.600 --> 01:36:24.800
 Maximum density per the zoning is 30.

01:36:24.800 --> 01:36:27.400
 They're actually proposing 24.8.

01:36:27.400 --> 01:36:33.560
 And then the setback from the residential is -- it's required to be 45 feet.

01:36:33.560 --> 01:36:42.400
 They're actually doing -- this line here shows a 101-foot setback from that residential -- those

01:36:42.400 --> 01:36:43.400
 dwellings.

01:36:43.400 --> 01:36:46.600
 >> Thank you, Chair.

01:36:46.600 --> 01:36:48.160
 I didn't see that on the plan.

01:36:48.160 --> 01:36:49.160
 What's going in there?

01:36:49.160 --> 01:36:53.840
 Is it trees, a parking, or -- >> Well, there is going to be a proposed

01:36:53.840 --> 01:37:00.320
 an eight-foot precast concrete fence along the property line, plus a tree line, which

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

01:37:05.920 --> 01:37:08.000
 for here, and then parking.

01:37:08.000 --> 01:37:09.000
 >> Okay.

01:37:09.000 --> 01:37:10.000
 Okay.

01:37:10.000 --> 01:37:11.720
 That's quite a wide setback.

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

01:37:16.160 --> 01:37:21.760
 -- which will include seating, a swimming pool, a gated dog park, and then they're also

01:37:21.760 --> 01:37:28.240
 proposing this creek area here is not considered an ESA.

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

01:37:32.080 --> 01:37:37.960
 area, but just put maybe some dog waste stations in that.

01:37:37.960 --> 01:37:42.320
 To ensure adequate lighting for the parking lot, to make sure that it remains safe, we

01:37:42.320 --> 01:37:47.480
 are proposing that they do provide the adequate lighting, and that's the two-foot candles.

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

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

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

01:38:05.360 --> 01:38:07.480
 too much glare on the adjacent properties.

01:38:07.480 --> 01:38:10.000
 We're also meeting the parking regulations.

01:38:10.000 --> 01:38:16.400
 The landscape plan, they are conforming with the 2019 tree preservation requirements.

01:38:16.400 --> 01:38:21.600
 That requires a minimum of 30% preservation on site.

01:38:21.600 --> 01:38:28.040
 They are actually proposing to preserve 61% of the trees on site, and that includes this

01:38:28.040 --> 01:38:33.600
 post oak stand in this location as well as the trees in that naturalized buffer.

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

01:38:41.320 --> 01:38:48.240
 buffer to the adjacent single family, so that is in that location.

01:38:48.240 --> 01:38:49.240
 Here's their elevations.

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

01:38:53.520 --> 01:39:03.720
 finishes, and that is compatible with the adjacent -- with the existing surrounding property.

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

01:39:08.280 --> 01:39:17.680
 well as the proposed estimated improvements, that would generate an additional -- or $167,000

01:39:17.680 --> 01:39:20.800
 in property taxes to the city.

01:39:20.800 --> 01:39:26.640
 The public notification was sent out for both the zoning and the SUP.

01:39:26.640 --> 01:39:28.580
 We have received quite a few letters.

01:39:28.580 --> 01:39:30.400
 They also did have a neighborhood meeting.

01:39:30.400 --> 01:39:32.160
 They had two.

01:39:32.160 --> 01:39:39.320
 This is the map for the zoning, and then here is for the SUP.

01:39:39.320 --> 01:39:41.920
 This is actually changed a little bit.

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%.

01:39:50.560 --> 01:40:00.800
 So staff recommends approval of the multifamily development consistent with that -- with the

01:40:00.800 --> 01:40:05.840
 site plan, landscape plan, and the elevations.

01:40:05.840 --> 01:40:12.440
 We do recommend the following condition, that it -- the parking area, those light fixtures

01:40:12.440 --> 01:40:17.280
 to make sure that they maintain those two-foot candles throughout the parking area, but that

01:40:17.280 --> 01:40:24.960
 they keep the height of those poles limited to reduce impacts to the adjacent properties.

01:40:24.960 --> 01:40:28.840
 And I will stand for any questions.

01:40:28.840 --> 01:40:30.680
 Kishorellis?

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

01:40:33.900 --> 01:40:37.080
 to us here because our time is short.

01:40:37.080 --> 01:40:40.400
 I understand why you're recommending approval when you look at everything.

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

01:40:45.400 --> 01:40:47.360
 so quickly.

01:40:47.360 --> 01:40:49.440
 You know, a lot of thought and discussion goes into it.

01:40:49.440 --> 01:40:53.880
 It was upheld twice, right, 2008, 2014.

01:40:53.880 --> 01:41:00.880
 So I would -- I definitely -- missing from the back, I really would like to hear those

01:41:00.880 --> 01:41:01.880
 thoughts.

01:41:01.880 --> 01:41:02.880
 Thanks.

01:41:02.880 --> 01:41:06.840
 I do not see any other questions.

01:41:06.840 --> 01:41:07.840
 Thanks, Julie.

01:41:07.840 --> 01:41:08.840
 Thanks.

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

01:41:14.360 --> 01:41:16.520
 meeting to start at 635.

01:41:16.520 --> 01:41:17.520
 Thank you.

01:41:17.520 --> 01:41:24.040
 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission meeting

01:41:24.040 --> 01:41:27.040
 for June 19th, 2019.

01:41:27.040 --> 01:41:29.920
 Seeing that we have a quorum, I'll call the meeting to order at 647.

01:41:29.920 --> 01:41:31.600
 I appreciate you all being patient with us.

01:41:31.600 --> 01:41:34.280
 We're running a little bit late, so I appreciate that.

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

01:41:37.800 --> 01:41:38.800
 the U.S. and Texas flag.

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

01:41:47.040 --> 01:41:55.640
 which it stands, one nation under God, indivisible, with liberty and justice for all.

01:41:55.640 --> 01:42:12.560
 I pledge allegiance to the Texas flag, and I pledge allegiance to thee, Texas, one state,

01:42:12.560 --> 01:42:13.560
 under God, one, indivisible.

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

01:42:16.920 --> 01:42:17.920
 5th.

01:42:17.920 --> 01:42:25.160
 We'll take these in two separate votes.

01:42:25.160 --> 01:42:29.160
 Chair will entertain a motion.

01:42:29.160 --> 01:42:32.920
 Is it not working?

01:42:32.920 --> 01:42:33.920
 Commissioner Smith?

01:42:33.920 --> 01:42:38.280
 Motion to approve the May 29th minutes with edits.

01:42:38.280 --> 01:42:40.440
 We have a first.

01:42:40.440 --> 01:42:41.440
 Commissioner Beck?

01:42:41.440 --> 01:42:42.440
 Second.

01:42:42.440 --> 01:42:43.440
 We have a first and a second.

01:42:43.440 --> 01:42:44.440
 Any discussion?

01:42:44.440 --> 01:42:53.720
 Seeing none, I'll call for a vote on the board.

01:42:53.720 --> 01:43:08.820
 Motion carries 5-0 with one recusal.

01:43:08.820 --> 01:43:16.000
 We'll take a vote for the June 5th meeting minutes.

01:43:16.000 --> 01:43:17.000
 Commissioner Beck?

01:43:17.000 --> 01:43:18.800
 Move to approve the minutes for June 5th.

01:43:18.800 --> 01:43:20.120
 We have a first for approval.

01:43:20.120 --> 01:43:21.120
 Commissioner Sanchez?

01:43:21.120 --> 01:43:22.120
 Approved.

01:43:22.120 --> 01:43:23.120
 Second.

01:43:23.120 --> 01:43:24.120
 I second the motion.

01:43:24.120 --> 01:43:25.120
 I second it.

01:43:25.120 --> 01:43:26.120
 Perfect.

01:43:26.120 --> 01:43:27.120
 We have a first and a second.

01:43:27.120 --> 01:43:28.120
 No discussion.

01:43:28.120 --> 01:43:41.040
 We'll call for a vote on the board.

01:43:41.040 --> 01:43:44.960
 Motion carries 4-0 to recuses.

01:43:44.960 --> 01:43:48.800
 Next item for business is the consent agenda.

01:43:48.800 --> 01:43:49.800
 Commissioner Smith?

01:43:49.800 --> 01:43:51.240
 Move for approval of the consent agenda.

01:43:51.240 --> 01:43:53.840
 We have a first for consent agenda approval.

01:43:53.840 --> 01:43:54.840
 Commissioner Ellis?

01:43:54.840 --> 01:43:55.840
 Second.

01:43:55.840 --> 01:43:56.840
 Mr. Drake?

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

01:44:03.760 --> 01:44:08.640
 that appeared inside any dedicated easements within those approved plots?

01:44:08.640 --> 01:44:17.680
 Is anyone here to speak to that?

01:44:17.680 --> 01:44:20.960
 Julie Wyatt, can you come speak to that question for Mr. Drake?

01:44:20.960 --> 01:44:21.960
 Yes.

01:44:21.960 --> 01:44:37.920
 Within that easement, there is a water line.

01:44:37.920 --> 01:44:43.400
 The applicant has provided a legal description for that, and we are working to prepare that

01:44:43.400 --> 01:44:48.400
 easement so that the easement document will be filed along with the plot vacations and

01:44:48.400 --> 01:44:53.800
 when the final plot comes to the Planning and Zoning Commission.

01:44:53.800 --> 01:45:00.080
 I would just simply caution, ordinarily, the vacations of approvals should wait for those

01:45:00.080 --> 01:45:06.800
 events to occur rather than to take place upon filing, but certainly that's best within

01:45:06.800 --> 01:45:13.240
 the Commission's decision-making authority.

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

01:45:17.320 --> 01:45:18.320
 that vote tonight.

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

01:45:23.160 --> 01:45:27.760
 that arise out of it, and I simply have to caution that they exist.

01:45:27.760 --> 01:45:28.760
 Okay.

01:45:28.760 --> 01:45:31.160
 We have a first and a second.

01:45:31.160 --> 01:45:32.160
 Any discussion?

01:45:32.160 --> 01:45:43.560
 Seeing none, I call for a vote on the board.

01:45:43.560 --> 01:45:44.560
 Motion carries 6-0.

01:45:44.560 --> 01:45:49.840
 That moves us to the public agenda for this evening.

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

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

01:46:04.640 --> 01:46:07.120
 B, those will not be heard this evening.

01:46:07.120 --> 01:46:11.040
 That will bring us to our next item for business, Item 4C, S19-0005.

01:46:11.040 --> 01:46:29.840
 I'll open the public hearing and invite Corrina for presentation.

01:46:29.840 --> 01:46:32.160
 Just a disclaimer before I start.

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,

01:46:36.360 --> 01:46:39.480
 which I'll go over once we get to that part of the presentation.

01:46:39.480 --> 01:46:40.480
 Great.

01:46:40.480 --> 01:46:41.480
 Thank you.

01:46:41.480 --> 01:46:42.480
 Thank you.

01:46:42.480 --> 01:46:45.920
 My name is Corrina Maldonado, assistant planner with the Planning Division.

01:46:45.920 --> 01:46:56.480
 Today I'll be presenting S19-5 for Teasley multifamily.

01:46:56.480 --> 01:47:01.960
 The request today is for a specific use permit for five multifamily dwelling units on approximately

01:47:01.960 --> 01:47:07.600
 1.09 acres, located at 1714 Teasley Lane.

01:47:07.600 --> 01:47:13.560
 That is located here in the yellow on the screen on the aerial.

01:47:13.560 --> 01:47:20.400
 The site is zoned Community Mixed Use General, CMG, Zoning District, which requires an SUP

01:47:20.400 --> 01:47:22.040
 for multifamily.

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

01:47:28.480 --> 01:47:35.960
 building, so we'll talk about that a little bit more later in the presentation.

01:47:35.960 --> 01:47:38.840
 Just a brief history about the site.

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

01:47:46.880 --> 01:47:49.880
 some history.

01:47:49.880 --> 01:47:55.600
 The existing building was constructed in the 1960s as a single family home.

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.

01:48:03.240 --> 01:48:09.200
 Sometime between 2005 and 2016, the exact date is not really certain.

01:48:09.200 --> 01:48:17.000
 There wasn't a legal conversion to multifamily, however in 2018 the new property owner wished

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

01:48:24.200 --> 01:48:25.200
 units.

01:48:25.200 --> 01:48:34.280
 I apologize for the silence, if I need to repeat anything just let me know.

01:48:34.280 --> 01:48:38.120
 The proposed site plan is shown on the screen.

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

01:48:43.440 --> 01:48:47.920
 to expand the building, only do interior alterations.

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

01:48:55.800 --> 01:49:00.920
 the smallest dwelling unit does not meet the minimum residential unit size of 500 square

01:49:00.920 --> 01:49:01.920
 feet.

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

01:49:08.520 --> 01:49:14.600
 five dwelling units ranging from 850 square feet to 1200.

01:49:14.600 --> 01:49:18.360
 Each dwelling unit will be two bedrooms.

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

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

01:49:32.320 --> 01:49:33.800
 of multifamily.

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.

01:49:41.120 --> 01:49:46.760
 Additionally there is an accessory shed located at the back that will also be removed.

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

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

01:50:00.880 --> 01:50:07.320
 excess of parking, so in this case they're not actually proposing to remove the concrete

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.

01:50:15.200 --> 01:50:18.000
 Here is the proposed landscape plan.

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.

01:50:25.520 --> 01:50:31.280
 The required landscaping for the CMG zoning district is 20 percent, the site actually

01:50:31.280 --> 01:50:36.280
 exceeds that with 49 percent landscaped area.

01:50:36.280 --> 01:50:41.720
 Additionally the use of multifamily requires dedication of open space and so they have

01:50:41.720 --> 01:50:50.120
 provided 8.8 percent open space and this is indicated by the hashed mark area.

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

01:50:54.720 --> 01:51:00.440
 any so all will be preserved and that meets the required 30 percent tree canopy coverage

01:51:00.440 --> 01:51:07.520
 so they exceed it reaching approximately 39 percent.

01:51:07.520 --> 01:51:12.720
 So these are just some photos of the site as it exists today.

01:51:12.720 --> 01:51:16.880
 This would be looking right at the property from the north, this is that carport that

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,

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

01:51:30.680 --> 01:51:33.760
 multifamily use.

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

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

01:51:42.760 --> 01:51:45.160
 portion of the property.

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

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

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

01:52:01.280 --> 01:52:03.440
 dedicated.

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

01:52:09.360 --> 01:52:17.000
 and some more dedicated open space would be this gazebo area here.

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

01:52:22.780 --> 01:52:27.400
 briefly and then discuss them further just kind of the highlights.

01:52:27.400 --> 01:52:31.080
 So the first criteria being that they would be in conformance with all standards within

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

01:52:38.120 --> 01:52:42.680
 range plan and then local state and federal law.

01:52:42.680 --> 01:52:47.180
 Second point would be that the specific use permit shall be issued only if the following

01:52:47.180 --> 01:52:53.320
 conditions exist, these are things like compatibility with the surrounding area that it would not

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

01:53:02.080 --> 01:53:10.520
 infrastructure utilities, access, air pollution, lighting and landscaping.

01:53:10.520 --> 01:53:15.660
 Third would be that there is adequate capacity for infrastructure that it will or can be

01:53:15.660 --> 01:53:22.200
 provided to the subject property and last that the special use is compatible with and

01:53:22.200 --> 01:53:26.160
 will not have an adverse effect on the surrounding area.

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

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

01:53:36.480 --> 01:53:41.720
 then discuss how they're overlapping.

01:53:41.720 --> 01:53:46.720
 So first, under the first criteria, talking specifically about how it meets the future

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

01:53:54.360 --> 01:54:02.800
 is in line with that designation, this area is mostly reserved for commercial uses, however

01:54:02.800 --> 01:54:09.880
 it does encourage complimentary residential uses and so similar to the area it does meet

01:54:09.880 --> 01:54:14.520
 the future land use designation.

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

01:54:22.360 --> 01:54:30.080
 existing do not meet the minimum residential unit size of 500 square feet that is part

01:54:30.080 --> 01:54:36.680
 of the general requirements for the zoning district, so in terms of lot area lot coverage

01:54:36.680 --> 01:54:42.760
 with depth, residential unit size is specifically called out, however the applicant will be

01:54:42.760 --> 01:54:49.040
 proposing to combine units to meet that minimum residential unit size and in addition to this

01:54:49.040 --> 01:54:54.280
 staff is, which I'll talk about later, is recommending to place a condition to specifically

01:54:54.280 --> 01:55:00.360
 call out that they will meet this if approved.

01:55:00.360 --> 01:55:08.880
 Second relates to building code requirements, part of this process we did request that a

01:55:08.880 --> 01:55:14.200
 courtesy building inspection be conducted prior to taking it to planning and zoning

01:55:14.200 --> 01:55:20.080
 and they did comply, our building inspections actually went out there, found a couple issues

01:55:20.080 --> 01:55:24.440
 that are listed in the staff analysis and through that it's shown that the existing

01:55:24.440 --> 01:55:30.720
 building does not meet existing building code requirements, specifically for the requirement

01:55:30.720 --> 01:55:37.400
 to have fire partition walls between units, so staff is recommending a condition on the

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

01:55:43.240 --> 01:55:49.560
 of occupancy and then just as a side note, this is still a requirement regardless of

01:55:49.560 --> 01:55:54.480
 us putting the condition on this, however staff felt it appropriate to call it out on

01:55:54.480 --> 01:56:00.620
 the SUP approval process.

01:56:00.620 --> 01:56:08.800
 Again going back to the second criteria for approval, calling out the youth compatibility,

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,

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

01:56:21.680 --> 01:56:23.120
 units.

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

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.

01:56:39.080 --> 01:56:44.280
 Touching back to, so within this area there is only one vacant property, it's adjacent

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

01:56:52.360 --> 01:56:58.400
 development will not immediately impact that property, however if they wish to expand to

01:56:58.400 --> 01:57:08.840
 do multi-family on that vacant parcel, that will require a separate SUP application.

01:57:08.840 --> 01:57:14.520
 Moving on to adequate utilities and supporting facilities, this site has been served by water

01:57:14.520 --> 01:57:22.000
 and sewer since it was developed, however our water department did feel that even though

01:57:22.000 --> 01:57:27.720
 they are not requiring public infrastructure, they want to ensure that they have the adequate

01:57:27.720 --> 01:57:37.880
 off-site connections shown, so we have added a condition to the SUP approval to ensure

01:57:37.880 --> 01:57:44.000
 that all utility easements be filed prior to issuance of a building permit, again this

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

01:57:50.080 --> 01:57:56.560
 out to just ensure that that's being addressed.

01:57:56.560 --> 01:58:03.520
 And then I'll just touch through the final criteria for the second criteria for approval,

01:58:03.520 --> 01:58:12.040
 one being vehicular access, so there is an access easement to the north that allows access

01:58:12.040 --> 01:58:18.640
 from the site to Teasley Lane, and then the driveways located on site do provide that

01:58:18.640 --> 01:58:23.360
 access to that easement.

01:58:23.360 --> 01:58:33.000
 No other issues related to air quality or directional lighting will be a result of this

01:58:33.000 --> 01:58:41.800
 SUP, and landscaping has been met, they actually exceed the requirement.

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

01:58:48.120 --> 01:58:55.120
 under criteria two, and skip over to criteria four regarding compatibility, specifically

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

01:59:02.240 --> 01:59:08.420
 use or generation of traffic, so the proposed use of five multifamily units will actually

01:59:08.420 --> 01:59:17.800
 generate less traffic with a maximum of 37 weekday trips that would exit off onto Teasley

01:59:17.800 --> 01:59:18.800
 Lane.

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

01:59:25.080 --> 01:59:34.480
 Teasley that is accessible from the site by walking that tenants could reach if they needed

01:59:34.480 --> 01:59:41.720
 that alternative transportation.

01:59:41.720 --> 01:59:47.480
 And then last, talking about scale of the surrounding multifamily and architectural

01:59:47.480 --> 01:59:53.320
 compatibility, so going back to kind of that first aerial about how the development was

01:59:53.320 --> 01:59:58.160
 coming in, a lot of this multifamily came in around the same time, in the 1980s.

01:59:58.160 --> 02:00:06.840
 They were all constructed with brick, wood, or stucco, similar to what the existing home

02:00:06.840 --> 02:00:12.920
 was at the time, which is a majority brick and wood.

02:00:12.920 --> 02:00:20.040
 So size and scale, most of these multifamily developments in the immediate area are low

02:00:20.040 --> 02:00:27.600
 rise with less than ten dwelling units per building, with the exception of the one multifamily

02:00:27.600 --> 02:00:35.040
 to the west, which is a larger mid-rise with multiple buildings, however, that is immediately

02:00:35.040 --> 02:00:42.160
 separated and screened from that property.

02:00:42.160 --> 02:00:48.840
 So public notification was sent out in May with newspaper ads going out in June, and

02:00:48.840 --> 02:00:56.880
 a sign was posted along on the property here and off of Teasley here.

02:00:56.880 --> 02:01:02.840
 So within the 200 foot area shown in red, eight notices were sent by certified mail,

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.

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

02:01:18.520 --> 02:01:25.760
 the request, and there were no neighborhood meetings held for this project.

02:01:25.760 --> 02:01:30.680
 So with that, staff recommends approval of the SUP, subject to the attached site plan

02:01:30.680 --> 02:01:36.720
 and Latsky plan, so this is the language I added today based on our discussion, along

02:01:36.720 --> 02:01:41.940
 with the following conditions, which were already previously shown.

02:01:41.940 --> 02:01:47.480
 So the first being that the SUP was reviewed under the 2002 development code, and therefore

02:01:47.480 --> 02:01:53.760
 shall meet all 2002 development code requirements of the CMG zoning district, including but

02:01:53.760 --> 02:01:59.240
 not limited to minimum residential unit size and parking requirements.

02:01:59.240 --> 02:02:04.320
 Any additional utility easements required to serve the project must be filed prior to

02:02:04.320 --> 02:02:09.960
 issuance of a building permit, and then last, that the existing building meet all building

02:02:09.960 --> 02:02:14.300
 and fire code requirements for the approved use.

02:02:14.300 --> 02:02:18.860
 So we did meet with the applicant earlier this month to discuss these conditions, and

02:02:18.860 --> 02:02:22.760
 the applicant is in agreement with the conditions placed.

02:02:22.760 --> 02:02:24.320
 So with that, I'll take any questions.

02:02:24.320 --> 02:02:26.320
 Thank you for the presentation.

02:02:26.320 --> 02:02:29.360
 I don't see any questions at this time.

02:02:29.360 --> 02:02:30.360
 This is a public hearing.

02:02:30.360 --> 02:02:32.040
 Anyone wishing to speak may certainly do so.

02:02:32.040 --> 02:02:34.160
 I do have one card on the issue.

02:02:34.160 --> 02:02:41.320
 It's Lee Allison, and Lee, you have 20 minutes to present if needed.

02:02:41.320 --> 02:02:44.720
 Let's see if we can keep it under five.

02:02:44.720 --> 02:02:45.720
 Good evening.

02:02:45.720 --> 02:02:51.220
 Lee Allison with Allison Engineering Group, 2415 North Elm in Denton, Texas.

02:02:51.220 --> 02:02:56.400
 With me this evening is the property owner, Santos, as well as Schaefer Harris, our internal

02:02:56.400 --> 02:03:02.720
 project manager, and our administrator, Sue Allison.

02:03:02.720 --> 02:03:07.360
 Carina did a great job presenting the information this evening.

02:03:07.360 --> 02:03:11.920
 This is a tough situation, if you notice from the chronology of events.

02:03:11.920 --> 02:03:13.300
 Mr. Santos bought this.

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

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

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

02:03:28.080 --> 02:03:32.880
 approved, and he ended up picking a poke to a certain degree.

02:03:32.880 --> 02:03:34.680
 On the same time, it's a very nice site.

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

02:03:39.120 --> 02:03:44.720
 mentioned, on the south side, he has additional property there, and we probably will be coming

02:03:44.720 --> 02:03:47.560
 back with future SUPs.

02:03:47.560 --> 02:03:51.840
 Even under the new Denton Development Code, I believe this area is going to be suburban

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.

02:03:57.680 --> 02:04:02.280
 If you recall from the pictures that Carina presented, there's some gorgeous trees around

02:04:02.280 --> 02:04:05.680
 there, which we're not messing with at all at this time.

02:04:05.680 --> 02:04:09.680
 There's a gazebo there, a very nice outdoor recreational area.

02:04:09.680 --> 02:04:16.400
 If we tried to measure it all, it would far exceed the 8% at this time.

02:04:16.400 --> 02:04:19.840
 We are adding a dumpster with enclosures.

02:04:19.840 --> 02:04:23.880
 Certain facilities are being removed that are an eyesore there, such as the propane

02:04:23.880 --> 02:04:30.240
 tank, the dilapidated chain link fence, the flimsy carport and an old shed that's out

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.

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

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,

02:04:43.520 --> 02:04:49.800
 but he needs to get this going at this time, make it a decent housing prospect.

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

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.

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

02:05:04.400 --> 02:05:07.840
 sure, that brought up the issue about access.

02:05:07.840 --> 02:05:13.400
 That is important, and fortunately, Carina and Mark Laird made a noble effort and found

02:05:13.400 --> 02:05:17.640
 the access easement, so we do have Legal Access, that's been proven up.

02:05:17.640 --> 02:05:21.920
 And I believe the fire marshal has signed off, the fire department has signed off on

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

02:05:26.080 --> 02:05:28.080
 that's in good shape.

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

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

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,

02:05:45.080 --> 02:05:49.760
 but hopefully he's been there by adverse possession or something, we'll figure something out,

02:05:49.760 --> 02:05:52.640
 but we'll get it written up and get it correct.

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

02:05:57.160 --> 02:05:58.160
 issue.

02:05:58.160 --> 02:05:59.160
 Mr. Sanchez has a question.

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

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

02:06:13.380 --> 02:06:17.720
 of a lack of structural integrity, have you all looked at that?

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

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?

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

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,

02:06:38.520 --> 02:06:44.240
 we will take care of it, but I'll let Karina elaborate on that.

02:06:44.240 --> 02:06:49.780
 Yes, so part of the site history talking about the illegal addition, over the years there

02:06:49.780 --> 02:06:55.640
 have been some complaints, and this is due to a previous owner, not the current owner,

02:06:55.640 --> 02:07:06.400
 regarding several issues, some related to the addition, let me pull it up on this side.

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

02:07:18.960 --> 02:07:24.700
 building inspections actually went out to inspect the site, they indicated that there

02:07:24.700 --> 02:07:32.800
 was some structural issues with the walls because of that addition, however, the owner

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

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

02:07:46.440 --> 02:07:53.520
 that issue has been resolved through our SUP process.

02:07:53.520 --> 02:08:00.360
 If you go back to one of those conditions regarding building code requirements, we had

02:08:00.360 --> 02:08:07.760
 our courtesy inspection done, the applicant was in agreement, and so they walked the site

02:08:07.760 --> 02:08:14.880
 together just to make sure that there were no additional safety hazards, so in that walk

02:08:14.880 --> 02:08:20.240
 they found that because it's multi-family, they would need to have fire partition walls,

02:08:20.240 --> 02:08:27.200
 but other than that, they didn't find any additional major issues where a major repair

02:08:27.200 --> 02:08:31.240
 would be indicated to where this is not a structurally sound building.

02:08:31.240 --> 02:08:36.960
 Okay, that was my concern, is that that was addressed.

02:08:36.960 --> 02:08:37.960
 Yes.

02:08:37.960 --> 02:08:38.960
 That was addressed.

02:08:38.960 --> 02:08:39.960
 Okay, thank you.

02:08:39.960 --> 02:08:40.960
 Thank you, Mr. Allison.

02:08:40.960 --> 02:08:44.920
 I don't have any more questions for you.

02:08:44.920 --> 02:08:45.920
 Thank you.

02:08:45.920 --> 02:08:46.920
 This is a public hearing.

02:08:46.920 --> 02:08:47.920
 Anyone wishing to speak on this item?

02:08:47.920 --> 02:08:52.920
 I certainly do so.

02:08:52.920 --> 02:08:58.260
 Seeing none, I will close the public hearing and give the floor to Commissioner Beck.

02:08:58.260 --> 02:08:59.260
 Thank you, Chair.

02:08:59.260 --> 02:09:04.040
 I move to approve this SUP with the three recommendations by the staff.

02:09:04.040 --> 02:09:08.240
 So we have a first for approval with the conditions.

02:09:08.240 --> 02:09:09.240
 Commissioner Smith?

02:09:09.240 --> 02:09:10.240
 Second the motion.

02:09:10.240 --> 02:09:11.240
 We have a first and a second for approval.

02:09:11.240 --> 02:09:12.240
 Mr. Drake?

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

02:09:19.680 --> 02:09:25.360
 to were forwarded to me for the first time tonight during the work session earlier this

02:09:25.360 --> 02:09:26.360
 evening.

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.

02:09:31.680 --> 02:09:40.080
 But at this time, I have some doubts about the sufficiency of those documents to meet

02:09:40.080 --> 02:09:48.800
 the required standards and to in fact convey a public access easement to the city.

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

02:09:53.880 --> 02:09:58.680
 our legal department at this time.

02:09:58.680 --> 02:10:04.840
 The documents seem to include an easement that allows for construction of an all weather

02:10:04.840 --> 02:10:11.360
 access, not for maintenance or ongoing use.

02:10:11.360 --> 02:10:18.440
 And we cannot confirm at this time that that would satisfy the ordinary code requirements

02:10:18.440 --> 02:10:22.040
 for development with regard to public access.

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

02:10:28.840 --> 02:10:30.560
 platting.

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

02:10:42.080 --> 02:10:50.720
 at the access component of recommending specific use permit at this time, I will simply offer

02:10:50.720 --> 02:10:51.720
 that information.

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

02:10:58.240 --> 02:10:59.240
 you doubt.

02:10:59.240 --> 02:11:00.240
 >> Thank you, Mr. Drake.

02:11:00.240 --> 02:11:01.240
 Mr. Beck.

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

02:11:09.120 --> 02:11:14.480
 perhaps I should add to the recommendations his concerns about this right of way.

02:11:14.480 --> 02:11:15.480
 Would that be appropriate?

02:11:15.480 --> 02:11:20.780
 If so, probably need some help wording it.

02:11:20.780 --> 02:11:25.160
 >> If you're asking me as parliamentarian, you can certainly withdraw your motion if

02:11:25.160 --> 02:11:32.960
 that's the case or make another motion or wait for another motion to be made.

02:11:32.960 --> 02:11:35.720
 >> Would like to withdraw it and add your concerns to the road.

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

02:11:42.400 --> 02:11:43.400
 motion.

02:11:43.400 --> 02:11:44.400
 >> Absolutely.

02:11:44.400 --> 02:11:45.400
 >> Okay.

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

02:11:53.840 --> 02:11:58.200
 fire department, can you speak to more of that and if you have an additional point.

02:11:58.200 --> 02:12:01.440
 >> As far as the fire department, that was talking about the physical access.

02:12:01.440 --> 02:12:04.320
 I appreciate Mr. Drake's comments.

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

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.

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

02:12:20.040 --> 02:12:22.600
 suitable to the city as a part of this approval.

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

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

02:12:31.500 --> 02:12:32.500
 that.

02:12:32.500 --> 02:12:36.960
 >> Captain, can you clear the board of the motion?

02:12:36.960 --> 02:12:37.960
 Oh, we're back.

02:12:37.960 --> 02:12:38.960
 Commissioner Beck.

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

02:12:47.280 --> 02:12:55.520
 plus a fourth recommendation that we get this access concern clarified straight in the way

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

02:13:03.960 --> 02:13:04.960
 right of way there.

02:13:04.960 --> 02:13:06.960
 That could create problems.

02:13:06.960 --> 02:13:07.960
 >> Karina.

02:13:07.960 --> 02:13:17.880
 >> I just want to point out we did have previously the condition based on legal recommendation.

02:13:17.880 --> 02:13:24.480
 I believe the wording was that the applicant demonstrate that access for public services

02:13:24.480 --> 02:13:29.760
 exists for the site prior to certificate of occupancy.

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

02:13:36.800 --> 02:13:46.520
 access easement and did speak with fire twice about the access in which they indicated that

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

02:13:53.000 --> 02:13:56.000
 of wanted to make that clarification.

02:13:56.000 --> 02:14:00.360
 >> And I appreciate that, Karina, but just so we're doing due diligence, if we could

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

02:14:07.000 --> 02:14:09.000
 like to add that condition.

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

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

02:14:22.320 --> 02:14:29.720
 the next meeting, I think that would give us a reasonable opportunity to do some exploration

02:14:29.720 --> 02:14:38.160
 into the easements that are offered and give the planning and zoning commission a more

02:14:38.160 --> 02:14:42.160
 thorough report on where we feel the easements leave us.

02:14:42.160 --> 02:14:46.280
 >> Okay, and you feel certain that you could provide that information, we could have this

02:14:46.280 --> 02:14:48.640
 settled by the next BNZ meeting?

02:14:48.640 --> 02:14:49.640
 >> I feel confident.

02:14:49.640 --> 02:14:50.640
 >> Okay.

02:14:50.640 --> 02:14:52.480
 >> I feel certain, but I feel confident.

02:14:52.480 --> 02:14:55.720
 >> Mr. Allison, is that amenable to you?

02:14:55.720 --> 02:14:57.720
 A couple more weeks?

02:14:57.720 --> 02:15:03.320
 >> Well, generally, yes, specifically, we're either going to find out that we got to go

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

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.

02:15:15.640 --> 02:15:22.640
 >> I guess I'll leave my motion as it is, rather than -- okay.

02:15:22.640 --> 02:15:25.960
 >> Mr. Cronin, do you want to say something?

02:15:25.960 --> 02:15:31.320
 >> Just wanted to clarify again, we initially had it, as Karina had indicated, we had had

02:15:31.320 --> 02:15:37.640
 that condition about the access easement when we went through the deed records, specifically

02:15:37.640 --> 02:15:44.160
 volume 257, page 700, there is a description of the easement and it is hereby dedicated

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.

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

02:15:55.680 --> 02:16:00.720
 that yes, that is the -- that description does match the easement that's been in place

02:16:00.720 --> 02:16:06.800
 since, I don't know when this was initially recorded, 1979.

02:16:06.800 --> 02:16:07.800
 >> Okay.

02:16:07.800 --> 02:16:12.800
 Then we can probably feel comfortable that this will go through without a whole lot of

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

02:16:17.680 --> 02:16:18.680
 be addressed.

02:16:18.680 --> 02:16:24.960
 >> The only other point I want, again, as I discussed and mentioned in the work session,

02:16:24.960 --> 02:16:31.920
 the width of the 24 foot drive is part of the subdivision regulations.

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.

02:16:38.040 --> 02:16:39.040
 >> Understood.

02:16:39.040 --> 02:16:40.040
 Thank you.

02:16:40.040 --> 02:16:41.040
 I'm good.

02:16:41.040 --> 02:16:43.040
 >> Commissioner Smith.

02:16:43.040 --> 02:16:44.040
 >> Okay.

02:16:44.040 --> 02:16:45.040
 Clarification of the motion on the floor.

02:16:45.040 --> 02:16:49.840
 >> Commissioner Beck, can you clarify your motion?

02:16:49.840 --> 02:16:50.840
 >> You would ask that.

02:16:50.840 --> 02:16:51.840
 Yes.

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

02:16:58.040 --> 02:17:04.360
 concern about the right of way for the means of ingress and egress.

02:17:04.360 --> 02:17:05.360
 Good enough.

02:17:05.360 --> 02:17:06.360
 Okay.

02:17:06.360 --> 02:17:07.360
 >> Second motion.

02:17:07.360 --> 02:17:12.980
 >> So we have a first and a second for approval, Commissioner Sanchez.

02:17:12.980 --> 02:17:20.160
 >> I guess my question was, when you were talking about a private easement, my question

02:17:20.160 --> 02:17:24.440
 was, and he answered it was since 1970, I think you said.

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

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?

02:17:36.200 --> 02:17:39.240
 I'm not -- so it's really a private drive.

02:17:39.240 --> 02:17:40.240
 >> No.

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

02:17:48.240 --> 02:17:51.560
 access to that land.

02:17:51.560 --> 02:17:54.760
 It's not a single family home where they own the private easement.

02:17:54.760 --> 02:18:00.800
 That's what it was originally and that's why the easement was sufficient back then.

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

02:18:07.680 --> 02:18:13.400
 they get access from, their approval is sufficient to satisfy their needs.

02:18:13.400 --> 02:18:16.480
 It's just like having a private drive.

02:18:16.480 --> 02:18:24.280
 When you turn that into a multifamily unit, the standards change a bit and, you know,

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

02:18:31.400 --> 02:18:37.160
 street or a fully dedicated public easement.

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

02:18:45.200 --> 02:18:52.400
 surface sufficient to satisfy the needs of two individuals, as I recall.

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

02:19:01.360 --> 02:19:03.680
 advise you about it.

02:19:03.680 --> 02:19:07.920
 The call is the commission's to make as far as what it wants to recommend.

02:19:07.920 --> 02:19:11.520
 I simply have a legal duty to advise you.

02:19:11.520 --> 02:19:16.800
 >> I guess I was only curious -- I was curious because when we were discussing that location

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.

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.

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.

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

02:19:44.760 --> 02:19:49.920
 not utilized for just anybody going in there because it doesn't go anywhere.

02:19:49.920 --> 02:19:53.000
 >> Those aren't multi-family residents.

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

02:20:06.800 --> 02:20:10.320
 people in under terms of their contract.

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

02:20:18.560 --> 02:20:22.800
 eye in the sky up, it says -- and we can read it.

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

02:20:28.240 --> 02:20:29.240
 included.

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

02:20:34.360 --> 02:20:38.440
 an easement for the purpose of ingress and egress gives a legal description, the grant

02:20:38.440 --> 02:20:44.200
 of the easement shall be perpetual, shall run with the land in title, and then there

02:20:44.200 --> 02:20:46.760
 was some right-of-way dedication.

02:20:46.760 --> 02:20:52.280
 >> Richard, in your reading of that, does it speak to anything about the purpose of

02:20:52.280 --> 02:20:58.480
 construction that they were conceding the public access?

02:20:58.480 --> 02:21:02.760
 >> There was the right-of-way hereby conveyed for the purpose of locating, establishing,

02:21:02.760 --> 02:21:06.960
 construction, maintaining over and across the subject property and all-weather road.

02:21:06.960 --> 02:21:12.160
 So that was -- that's in conjunction with the right-of-way.

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.

02:21:22.600 --> 02:21:23.600
 >> Clear as mud.

02:21:23.600 --> 02:21:24.600
 Krisha Ellis.

02:21:24.600 --> 02:21:25.600
 >> Thank you, Chair.

02:21:25.600 --> 02:21:26.600
 Okay.

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

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

02:21:39.080 --> 02:21:42.480
 has to be recreated.

02:21:42.480 --> 02:21:46.360
 So I'm going to move to postpone to get more clarification.

02:21:46.360 --> 02:21:49.560
 I move to postpone until our next planning and zoning meeting.

02:21:49.560 --> 02:21:52.520
 >> So we have a superseding motion to postpone.

02:21:52.520 --> 02:21:55.520
 Do we have a second?

02:21:55.520 --> 02:22:00.280
 By show of hand, do we have a second?

02:22:00.280 --> 02:22:01.280
 Commissioner Sanchez.

02:22:01.280 --> 02:22:05.560
 >> I second, Commissioner Ellis' recommendation.

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,

02:22:11.720 --> 02:22:12.720
 Commissioner Ellis.

02:22:12.720 --> 02:22:14.160
 >> To the next planning and zoning meeting.

02:22:14.160 --> 02:22:15.160
 >> Is that the special call?

02:22:15.160 --> 02:22:20.160
 Does it go to the 17th?

02:22:20.160 --> 02:22:26.800
 The special call is next week.

02:22:26.800 --> 02:22:29.800
 July 17th is the next regular call.

02:22:29.800 --> 02:22:31.720
 >> July 17th?

02:22:31.720 --> 02:22:32.720
 >> Yes.

02:22:32.720 --> 02:22:36.600
 >> So a first and a second to postpone this item to the July 17th meeting.

02:22:36.600 --> 02:22:42.360
 Is there any discussion on this?

02:22:42.360 --> 02:22:58.400
 We will call for a vote to postpone this agenda item on the board.

02:22:58.400 --> 02:22:59.920
 Motion carries 5-1.

02:22:59.920 --> 02:23:04.200
 It will be back on the agenda on July 17th.

02:23:04.200 --> 02:23:11.240
 Next item of business is item 4-D, S19-0002.

02:23:11.240 --> 02:23:21.040
 I will open the public hearing and invite Julie Wyatt for presentation.

02:23:21.040 --> 02:23:27.240
 >> Good evening.

02:23:27.240 --> 02:23:28.240
 I'm Julie Wyatt.

02:23:28.240 --> 02:23:36.000
 I'm the senior planner with the city, and I'm presenting S19-2, forest crossing.

02:23:36.000 --> 02:23:39.960
 So the request before you is for a specific use permit for multifamily dwellings.

02:23:39.960 --> 02:23:42.080
 The subject property is about 15 acres.

02:23:42.080 --> 02:23:44.120
 It's outlined here in yellow.

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.

02:23:51.280 --> 02:23:56.320
 The subject property has a CMG zoning district, and that was approved in 2017.

02:23:56.320 --> 02:24:02.080
 CMG permits multifamily dwellings with an SUP or as part of a mixed use development.

02:24:02.080 --> 02:24:07.920
 Tonight the applicant is seeking an SUP for the multifamily use.

02:24:07.920 --> 02:24:11.120
 The criteria for approval are in subchapter 6 of the Denton Development Code.

02:24:11.120 --> 02:24:12.640
 I won't go over all of those.

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

02:24:15.480 --> 02:24:19.280
 site plan and the proposal.

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.

02:24:23.920 --> 02:24:28.560
 And that designates this property in the surrounding area as community mixed use.

02:24:28.560 --> 02:24:33.000
 This is intended to promote a mix of uses to encourage commercial and also complementary

02:24:33.000 --> 02:24:34.640
 residential uses.

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.

02:24:40.680 --> 02:24:43.320
 Multifamily development is consistent with the future land use map.

02:24:43.320 --> 02:24:47.320
 It's a complementary residential use for commercial development, and it's often found in mixed

02:24:47.320 --> 02:24:49.720
 use districts.

02:24:49.720 --> 02:24:54.640
 Denton Plan 2030 also talks about the growth projections for the city.

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

02:25:04.760 --> 02:25:08.560
 require additional housing and as part of that mix will be multifamily.

02:25:08.560 --> 02:25:13.600
 So they are proposing that over 12,000 new multifamily units will be needed in order

02:25:13.600 --> 02:25:17.880
 to satisfy the demand.

02:25:17.880 --> 02:25:23.800
 Multifamily developments in strategic locations like urbanized areas, adjacent arterials,

02:25:23.800 --> 02:25:29.880
 are appropriate because they're within proximity to schools and shopping and employment and

02:25:29.880 --> 02:25:34.840
 allows that housing to develop in a compact development pattern which is part of our vision

02:25:34.840 --> 02:25:40.200
 for our city and it reduces that sprawl.

02:25:40.200 --> 02:25:41.480
 Here's the site plan.

02:25:41.480 --> 02:25:45.960
 The subject property is outlined in the black hatch mark.

02:25:45.960 --> 02:25:51.880
 The applicant is proposing 12 three-story buildings, and they're in the purple.

02:25:51.880 --> 02:25:57.280
 They're accessing McKinney in this location and then Mayhill.

02:25:57.280 --> 02:26:03.600
 They're proposing 68 percent lot coverage, 31 percent landscape area, a building height,

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

02:26:09.880 --> 02:26:11.020
 per acre.

02:26:11.020 --> 02:26:14.760
 They're also proposing a community building with a pool.

02:26:14.760 --> 02:26:18.680
 Two detention areas, one in this location and one in this location.

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

02:26:25.680 --> 02:26:35.000
 of an undeveloped area reserving the commercial tracks adjacent to those arterials for that

02:26:35.000 --> 02:26:37.280
 future commercial development.

02:26:37.280 --> 02:26:38.280
 That has the greater access.

02:26:38.280 --> 02:26:40.240
 It's got the greater visibility.

02:26:40.240 --> 02:26:43.200
 So in this location that residential makes sense.

02:26:43.200 --> 02:26:49.560
 It provides that higher density dwellings needed for commercial development but sets

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.

02:26:54.800 --> 02:27:00.520
 Fencing and open spaces as well as the parking areas are proposed surrounding the buildings

02:27:00.520 --> 02:27:05.000
 to provide a little extra separation between the future or the proposed future residential

02:27:05.000 --> 02:27:08.840
 of multifamily and that potential future commercial development.

02:27:08.840 --> 02:27:13.400
 And the proposal also meets parking regulations.

02:27:13.400 --> 02:27:19.700
 The landscape plan indicates that they are proposing 476 new trees.

02:27:19.700 --> 02:27:23.520
 And your backup shows the variety of species.

02:27:23.520 --> 02:27:34.600
 And at maturity, this canopy would create over 300,000 square feet of new tree canopy.

02:27:34.600 --> 02:27:36.760
 This is the north side of the property.

02:27:36.760 --> 02:27:42.280
 The green dots are those proposed trees or at least tree areas.

02:27:42.280 --> 02:27:45.040
 And then this is the southern portion of the property.

02:27:45.040 --> 02:27:47.280
 Here's that driveway to May Hill and McKinney.

02:27:47.280 --> 02:27:51.600
 They're also proposing open space areas for the tree preservation and additional planting

02:27:51.600 --> 02:27:56.720
 in that area to provide those more meaningful tree stands.

02:27:56.720 --> 02:28:01.800
 The proposed elevations show three story buildings with earth tones.

02:28:01.800 --> 02:28:07.540
 They do propose bright accent colors in orange and yellow and burgundy to identify the different

02:28:07.540 --> 02:28:10.040
 buildings and add that pop of color.

02:28:10.040 --> 02:28:16.280
 The exterior facades include fiber cement siding, stone, brick, and metal guard rails.

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

02:28:22.600 --> 02:28:27.000
 requirements in subchapter 13 of the Debt and Development Code, particularly where the buildings

02:28:27.000 --> 02:28:30.320
 and the parking are placed.

02:28:30.320 --> 02:28:34.920
 The SUP is not the process to approve that.

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

02:28:40.920 --> 02:28:42.280
 to get approval of that ADP.

02:28:42.280 --> 02:28:44.200
 They've actually already submitted for it.

02:28:44.200 --> 02:28:46.920
 It's just we've got to take things in order.

02:28:46.920 --> 02:28:50.920
 Staff really doesn't have a lot of issue with their request of deviations.

02:28:50.920 --> 02:28:54.560
 It's just got to follow that process.

02:28:54.560 --> 02:28:57.600
 As part of the analysis, we looked at the infrastructure.

02:28:57.600 --> 02:28:58.680
 First of all, transportation.

02:28:58.680 --> 02:29:00.640
 They provided trip generation.

02:29:00.640 --> 02:29:07.920
 Per the ITE trip generation manual, this proposed 288 dwelling units would generate about 2,100

02:29:07.920 --> 02:29:08.920
 trips per day.

02:29:08.920 --> 02:29:14.440
 That's 130 peak morning and 151 peak evening.

02:29:14.440 --> 02:29:18.200
 They would also have to pay roadway impact fees as a result of the development.

02:29:18.200 --> 02:29:23.400
 This is used to implement the mobility plan, and the estimated amount for the proposal

02:29:23.400 --> 02:29:28.400
 is approximately about $357,000 for roadway impact fees.

02:29:28.400 --> 02:29:35.440
 They would also have to make some perimeter street improvements, particularly to mitigate

02:29:35.440 --> 02:29:37.480
 for traffic to their side.

02:29:37.480 --> 02:29:44.560
 That would be a left turn lane going eastbound into McKinney.

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

02:29:49.400 --> 02:29:51.600
 subject property.

02:29:51.600 --> 02:29:54.000
 There are nearby capital improvements.

02:29:54.000 --> 02:29:57.640
 You're probably well aware of the Mayhill Road improvements.

02:29:57.640 --> 02:30:04.280
 That will, in the near future, include four travel lanes with a large median, but there

02:30:04.280 --> 02:30:08.600
 will be additional space to add two extra lanes, and then East McKinney Street will

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

02:30:14.360 --> 02:30:18.720
 road with curb, gutter, and five-foot sidewalks.

02:30:18.720 --> 02:30:21.320
 Water and wastewater are available to the property.

02:30:21.320 --> 02:30:26.080
 There is a park about 3,700 linear feet from the subject site.

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

02:30:31.440 --> 02:30:37.140
 our 10-minute-to-a-walk park standard, but they are working on identifying additional

02:30:37.140 --> 02:30:42.040
 parkland as well as parking with schools, so they are working actively to make sure

02:30:42.040 --> 02:30:44.860
 we have adequate parks within the city.

02:30:44.860 --> 02:30:53.080
 As part of the adequate park provision, the applicant will have to do a park dedication

02:30:53.080 --> 02:30:57.800
 as well as development fees for the subject property.

02:30:57.800 --> 02:31:02.400
 The schools within the attendance zone do have adequate capacity per Denton ISD, and

02:31:02.400 --> 02:31:06.280
 there's also a fire station within the vicinity.

02:31:06.280 --> 02:31:11.520
 We did a property tax analysis based upon the unimproved value of the property, and

02:31:11.520 --> 02:31:18.400
 based upon the estimated improvement value that the applicant provided, we do anticipate

02:31:18.400 --> 02:31:24.080
 that the value of the property would increase, which could result in a potential increase

02:31:24.080 --> 02:31:30.800
 of about $198,000 paid to the city within a given year.

02:31:30.800 --> 02:31:32.000
 Public notification was sent out.

02:31:32.000 --> 02:31:36.600
 We didn't receive any responses, and staff does recommend approval of the request as

02:31:36.600 --> 02:31:40.680
 it meets the criteria for approval.

02:31:40.680 --> 02:31:46.860
 We do recommend that the project conform to the site plan and landscape plan and elevations

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

02:31:56.760 --> 02:32:02.320
 and Zoning Commission within 30 days of city council approval of an SUP with that alternative

02:32:02.320 --> 02:32:08.320
 development plan to go ahead and get that process completed for those proposed deviations.

02:32:08.320 --> 02:32:10.960
 And the applicant is here, and I'll stand for any questions.

02:32:10.960 --> 02:32:12.680
 We do have a couple.

02:32:12.680 --> 02:32:13.680
 Commissioner Ellis?

02:32:13.680 --> 02:32:14.680
 Thank you, Chair.

02:32:14.680 --> 02:32:17.680
 I'll go back one slide of your recommendation.

02:32:17.680 --> 02:32:23.040
 Go to the next one.

02:32:23.040 --> 02:32:29.480
 It's the one where it talks about units.

02:32:29.480 --> 02:32:30.480
 Perhaps it's the one before.

02:32:30.480 --> 02:32:31.480
 The 202.

02:32:31.480 --> 02:32:32.480
 Right.

02:32:32.480 --> 02:32:35.760
 So there's a typo there that needs to be addressed.

02:32:35.760 --> 02:32:36.840
 Recommendation 2 doesn't make sense there.

02:32:36.840 --> 02:32:40.280
 I do believe it's 288, but it says 214.

02:32:40.280 --> 02:32:41.280
 Oh.

02:32:41.280 --> 02:32:42.280
 Oh, you're right.

02:32:42.280 --> 02:32:45.280
 Thank you.

02:32:45.280 --> 02:32:49.360
 I'll make sure to correct that.

02:32:49.360 --> 02:32:50.360
 Commissioner Becht?

02:32:50.360 --> 02:32:51.360
 Thank you, Chair.

02:32:51.360 --> 02:32:52.360
 Thanks, Julie.

02:32:52.360 --> 02:32:56.240
 I just caught something that piqued my interest there.

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

02:33:01.560 --> 02:33:04.280
 available would be Hodge and Rivera.

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

02:33:08.040 --> 02:33:11.040
 area will have a choice between the two?

02:33:11.040 --> 02:33:13.840
 I don't think so.

02:33:13.840 --> 02:33:18.800
 When I look at their attendance boundary, I believe I'm quoting this correctly, but

02:33:18.800 --> 02:33:24.520
 their attendance boundary kind of cuts across the subject property so that kids within a

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

02:33:30.000 --> 02:33:31.000
 out with Denton ISD.

02:33:31.000 --> 02:33:32.000
 It's okay.

02:33:32.000 --> 02:33:33.000
 Thank you, though.

02:33:33.000 --> 02:33:35.240
 I don't see any other questions.

02:33:35.240 --> 02:33:36.240
 Thanks, Julie.

02:33:36.240 --> 02:33:37.520
 This is a public hearing.

02:33:37.520 --> 02:33:39.420
 We do have some individuals wanting to speak.

02:33:39.420 --> 02:33:42.280
 If you do want to speak, we just ask you to fill out a card.

02:33:42.280 --> 02:33:44.680
 The first individual is Amy Passett.

02:33:44.680 --> 02:33:47.680
 Good evening, commissioners.

02:33:47.680 --> 02:33:54.640
 I do represent the developer tonight as the applicant, and I have a brief presentation

02:33:54.640 --> 02:34:02.720
 for you.

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

02:34:07.880 --> 02:34:12.320
 hear the vision behind the intent of the development as a whole.

02:34:12.320 --> 02:34:15.760
 As Julie mentioned, this property was rezoned in 2017.

02:34:15.760 --> 02:34:21.680
 It was actually rezoned as ten tracks under unified control that are all still owned by

02:34:21.680 --> 02:34:24.520
 the same property owner today.

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

02:34:28.720 --> 02:34:35.720
 services and to feature a live/work/play environment, which this multifamily component is certainly

02:34:35.720 --> 02:34:37.400
 a part of that.

02:34:37.400 --> 02:34:42.100
 The long-term plan is to bring in grocery and retail and restaurants and offices along

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

02:34:48.880 --> 02:34:49.880
 uses after that.

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

02:34:57.000 --> 02:34:59.840
 an economic standpoint.

02:34:59.840 --> 02:35:04.240
 I also want to give you a little bit of the project history, specifically because Commissioner

02:35:04.240 --> 02:35:10.640
 Beck asked about us coming in under the 2002 code versus the 2019 code.

02:35:10.640 --> 02:35:16.360
 And we actually filed our preliminary plat application in April of 2018 and our traffic

02:35:16.360 --> 02:35:19.520
 impact analysis in July of 2018.

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

02:35:26.120 --> 02:35:28.840
 in prior to the adoption of the new code.

02:35:28.840 --> 02:35:32.820
 So I will show you our tree mitigation and preservation numbers in a little more detail

02:35:32.820 --> 02:35:36.960
 since you asked that question, Commissioner Beck, but we didn't necessarily choose to

02:35:36.960 --> 02:35:38.260
 come in under the old code.

02:35:38.260 --> 02:35:41.000
 It was just the timing of the development.

02:35:41.000 --> 02:35:44.540
 And just so you are aware, you will see this project multiple times.

02:35:44.540 --> 02:35:47.280
 You approved the preliminary plat tonight.

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

02:35:53.360 --> 02:35:54.960
 plat coming in shortly after that.

02:35:54.960 --> 02:36:00.180
 In fact, our building plans are already in review with the city as well.

02:36:00.180 --> 02:36:04.280
 I do want to point out the preferred growth concept for the City of Denton.

02:36:04.280 --> 02:36:11.280
 You'll notice that there is a place making and urban vitality center that's centered

02:36:11.280 --> 02:36:14.560
 right around the corridor that we are looking at today.

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

02:36:20.080 --> 02:36:27.800
 degree of mixed use, and it is adjacent to two primary arterials and a secondary arterial.

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.

02:36:32.780 --> 02:36:37.800
 There are 288 units, you're correct, Commissioner Ellis, in 12 buildings.

02:36:37.800 --> 02:36:41.200
 It's split evenly between one bedroom and two bedroom units.

02:36:41.200 --> 02:36:43.720
 The average density is 18.6.

02:36:43.720 --> 02:36:53.500
 We do meet the parking requirement at 515, and there are four color schemes that help

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

02:36:59.080 --> 02:37:03.800
 through those since Julie did show them to you.

02:37:03.800 --> 02:37:09.600
 She also did mention that we are well within lot coverage, the maximum lot coverage being

02:37:09.600 --> 02:37:10.600
 80%.

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

02:37:15.440 --> 02:37:22.320
 little over 44% new tree canopy coverage when the requirement is 30%.

02:37:22.320 --> 02:37:25.480
 Commissioner Beck, you asked specifically about tree preservation.

02:37:25.480 --> 02:37:31.480
 The majority of the trees on site are being classified as a quality tree stand because

02:37:31.480 --> 02:37:38.940
 they do have one contiguous strip line, which means that we are required to preserve 25%

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

02:37:47.160 --> 02:37:54.500
 gone through our tree preservation plan, individual tree by tree, to save everyone possible even

02:37:54.500 --> 02:38:01.200
 inside the construction envelope in order to meet and exceed these requirements.

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

02:38:05.920 --> 02:38:12.240
 the lender, the developer, the buyer, the investor, the broker, and so any question

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

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.

02:38:21.440 --> 02:38:23.840
 Thank you, Amy.

02:38:23.840 --> 02:38:26.560
 I think Commissioner Beck has a question.

02:38:26.560 --> 02:38:29.840
 Couldn't get my screen back up in time.

02:38:29.840 --> 02:38:31.600
 Thank you, Amy, for your presentation.

02:38:31.600 --> 02:38:33.720
 Just a couple of questions.

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

02:38:41.920 --> 02:38:51.440
 low income families, are there going to be any units set aside priced to accommodate

02:38:51.440 --> 02:38:52.440
 low income families?

02:38:52.440 --> 02:38:53.440
 Has that been a consideration?

02:38:53.440 --> 02:38:56.400
 I'm going to let the developer answer that question specifically.

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

02:39:01.960 --> 02:39:02.960
 rental rates will be.

02:39:02.960 --> 02:39:03.960
 Okay.

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

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

02:39:13.360 --> 02:39:16.640
 or vice versa, so I was just curious if that was --

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

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

02:39:27.240 --> 02:39:28.240
 today.

02:39:28.240 --> 02:39:29.240
 Okay.

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

02:39:34.200 --> 02:39:39.120
 McKinney expansion, we may be required to add sidewalks or do some things within our

02:39:39.120 --> 02:39:43.920
 property that tech stock may come along and --

02:39:43.920 --> 02:39:44.920
 Okay.

02:39:44.920 --> 02:39:45.920
 -- would do later.

02:39:45.920 --> 02:39:47.360
 It just depends on the timing.

02:39:47.360 --> 02:39:48.360
 Okay.

02:39:48.360 --> 02:39:52.160
 Conceivably, if weather allows stuff like that, you might be breaking ground this year?

02:39:52.160 --> 02:39:54.760
 I'll let the developer answer that question.

02:39:54.760 --> 02:39:55.760
 Okay.

02:39:55.760 --> 02:39:56.760
 Thank you.

02:39:56.760 --> 02:39:57.760
 Mr. Smith.

02:39:57.760 --> 02:39:58.760
 Thank you, Chair.

02:39:58.760 --> 02:40:00.800
 Amy, I actually have a question for you.

02:40:00.800 --> 02:40:04.440
 I have a question for Julie in regards to you beating out the McKinney project.

02:40:04.440 --> 02:40:09.600
 Julie, if I can ask you a quick question.

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,

02:40:13.840 --> 02:40:19.400
 is it -- they have to do improvements, including sidewalks, along their entire stretch of their

02:40:19.400 --> 02:40:20.400
 property?

02:40:20.400 --> 02:40:23.200
 You mentioned something along the lines of, like, the short stretch right in front of

02:40:23.200 --> 02:40:25.760
 their entrance, so I can know --

02:40:25.760 --> 02:40:29.880
 Just along the portion of their property that touches McKinney, which is that sort of tail

02:40:29.880 --> 02:40:30.880
 of it.

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

02:40:37.760 --> 02:40:38.760
 able to see it from there.

02:40:38.760 --> 02:40:40.040
 So it's a very, very tiny amount.

02:40:40.040 --> 02:40:41.040
 It's --

02:40:41.040 --> 02:40:42.040
 Yes, sir.

02:40:42.040 --> 02:40:43.040
 Just the entrance.

02:40:43.040 --> 02:40:44.040
 Okay.

02:40:44.040 --> 02:40:45.040
 Thank you.

02:40:45.040 --> 02:40:46.040
 Sure.

02:40:46.040 --> 02:40:47.040
 This is a public hearing.

02:40:47.040 --> 02:40:48.040
 Anyone wishing to speak?

02:40:48.040 --> 02:40:49.040
 I certainly do so.

02:40:49.040 --> 02:40:50.320
 We have a couple more cards.

02:40:50.320 --> 02:40:53.440
 The next individual is Greg Johnson, followed by Nathan Toon.

02:40:53.440 --> 02:40:58.640
 Did you just state your name and address for the record?

02:40:58.640 --> 02:40:59.640
 I think you know the drill.

02:40:59.640 --> 02:41:00.640
 Thank you, sir.

02:41:00.640 --> 02:41:01.840
 Thank you, Mr. Chairman, commissioners.

02:41:01.840 --> 02:41:02.840
 Thank you for your service.

02:41:02.840 --> 02:41:06.960
 My name is Greg Johnson, 319 West Oak Street here in Denton.

02:41:06.960 --> 02:41:10.680
 I'm representing the seller who's selling the land on the property.

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.

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,

02:41:23.640 --> 02:41:28.520
 McKinney on the bottom side, and we desperately -- the east side of Denton desperately deserves

02:41:28.520 --> 02:41:34.320
 a great mixed-use project, and this is the spot to do it.

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

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

02:41:41.520 --> 02:41:42.520
 by design.

02:41:42.520 --> 02:41:49.000
 So we wanted to let May Hill get almost completed, and hopefully McKinney Street -- we really

02:41:49.000 --> 02:41:54.280
 won't sell anything likely along McKinney Street until that's completed, but we've just

02:41:54.280 --> 02:41:57.160
 started marketing the commercial tracks.

02:41:57.160 --> 02:42:02.640
 We have very, very strong interest from several national credit retail tenants on the loop

02:42:02.640 --> 02:42:04.000
 side.

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

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,

02:42:14.400 --> 02:42:19.760
 specifically having those residences already under construction so that we can show the

02:42:19.760 --> 02:42:23.340
 retailer it's really happening, right, this isn't something that may happen if you put

02:42:23.340 --> 02:42:27.080
 your Chick-fil-A or your this or your that there.

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

02:42:32.440 --> 02:42:36.960
 change sort of the face of Loop 288 on the east side of town.

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

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

02:42:45.440 --> 02:42:50.280
 to be great multifamily replaces blight, and that's what you'll see here, the old

02:42:50.280 --> 02:42:51.680
 Foxworth-Galbra site.

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,

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

02:43:03.320 --> 02:43:04.320
 it.

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

02:43:09.720 --> 02:43:14.840
 Julie said, the whole of the doughnut, not completely hidden by the commercial, but it'll

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.

02:43:19.200 --> 02:43:20.200
 Thank you.

02:43:20.200 --> 02:43:22.440
 I don't see any questions.

02:43:22.440 --> 02:43:23.440
 Next is Nathan Toon.

02:43:23.440 --> 02:43:28.640
 Maybe you just state your name and address for the record.

02:43:28.640 --> 02:43:33.580
 Nathan Toon, 3717 Merrimack Drive, Denton, Texas.

02:43:33.580 --> 02:43:35.880
 I'm in support of this project.

02:43:35.880 --> 02:43:40.080
 I thought Julie and staff did a fantastic job with the presentation.

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

02:43:46.720 --> 02:43:54.760
 area, the city has made significant investments in thoroughfares and roadways, and is planning

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

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

02:44:08.400 --> 02:44:14.640
 previous gentleman said, the future commercial development, and so those are some of the

02:44:14.640 --> 02:44:18.240
 main reasons why I support the project and would ask for your support, as well.

02:44:18.240 --> 02:44:19.240
 Thank you.

02:44:19.240 --> 02:44:20.240
 Thank you.

02:44:20.240 --> 02:44:23.240
 There's no other cards to speak.

02:44:23.240 --> 02:44:25.600
 We have several names to read into the record.

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

02:44:29.400 --> 02:44:31.920
 make sure I read this to the correct item.

02:44:31.920 --> 02:44:36.040
 Is Brenna Pennington still here?

02:44:36.040 --> 02:44:38.000
 Which agenda item were you wanting to ...

02:44:38.000 --> 02:44:39.000
 Hunters Creek.

02:44:39.000 --> 02:44:40.000
 Hunters Creek?

02:44:40.000 --> 02:44:41.000
 Okay.

02:44:41.000 --> 02:44:42.000
 Thank you.

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

02:44:57.800 --> 02:45:01.600
 advance for any mispronunciation.

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,

02:45:11.920 --> 02:45:17.600
 Stephen Charnquist did not know ... Is he here?

02:45:17.600 --> 02:45:21.480
 Were you in support or ... Okay.

02:45:21.480 --> 02:45:29.920
 Stephen Charnquist is in support, Daniel Crane is in support, Richard Lapp is in support,

02:45:29.920 --> 02:45:37.800
 and J. Mike Reynolds, or Mikel Reynolds, is in support.

02:45:37.800 --> 02:45:39.880
 Those are all the cards that have ... This is a public hearing.

02:45:39.880 --> 02:45:42.120
 Anyone wishing to speak may certainly do so.

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

02:45:48.520 --> 02:45:49.520
 and motion.

02:45:49.520 --> 02:45:50.520
 Commissioner Smith.

02:45:50.520 --> 02:45:53.800
 Motion for approval of S19-0002.

02:45:53.800 --> 02:45:55.560
 We have a motion for approval.

02:45:55.560 --> 02:45:56.560
 Commissioner Ellis.

02:45:56.560 --> 02:45:57.560
 Second.

02:45:57.560 --> 02:45:59.560
 We have a first and a second for approval.

02:45:59.560 --> 02:46:00.560
 Commissioner Beck.

02:46:00.560 --> 02:46:01.560
 Thank you, Chair.

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.

02:46:05.240 --> 02:46:07.360
 Amy, is the developer here?

02:46:07.360 --> 02:46:08.360
 Okay.

02:46:08.360 --> 02:46:13.000
 If you don't mind, sir, please state your name and address.

02:46:13.000 --> 02:46:14.000
 Sure.

02:46:14.000 --> 02:46:17.640
 My name is Stephen Charnquist, 5799 Oliver Drive.

02:46:17.640 --> 02:46:18.640
 Stephen Charnquist?

02:46:18.640 --> 02:46:19.640
 Charnquist.

02:46:19.640 --> 02:46:22.640
 C-H-A-R-N-Q-U-I-S-T.

02:46:22.640 --> 02:46:28.040
 The address is 5799 Oliver Drive, Houston, Texas, 77057.

02:46:28.040 --> 02:46:30.520
 Do you want me to repeat my concerns?

02:46:30.520 --> 02:46:31.520
 No.

02:46:31.520 --> 02:46:34.400
 If I understand, if I get it wrong, tell me.

02:46:34.400 --> 02:46:37.640
 First, thank you all for tonight, give us an opportunity.

02:46:37.640 --> 02:46:40.760
 We think this is a great project.

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

02:46:44.680 --> 02:46:45.680
 low income housing.

02:46:45.680 --> 02:46:46.680
 It is not.

02:46:46.680 --> 02:46:48.680
 It is a market rate project.

02:46:48.680 --> 02:46:49.680
 Okay.

02:46:49.680 --> 02:46:50.680
 I had to ask.

02:46:50.680 --> 02:46:51.680
 I'm sorry?

02:46:51.680 --> 02:46:52.680
 I had to ask.

02:46:52.680 --> 02:46:53.680
 Yes.

02:46:53.680 --> 02:46:54.680
 I understand.

02:46:54.680 --> 02:46:55.680
 Yes.

02:46:55.680 --> 02:46:56.680
 It's market rate.

02:46:56.680 --> 02:46:59.600
 And breaking ground this year, right?

02:46:59.600 --> 02:47:01.200
 We will break ground this year.

02:47:01.200 --> 02:47:02.200
 Okay.

02:47:02.200 --> 02:47:03.200
 Very good.

02:47:03.200 --> 02:47:08.480
 We are pushing every lever we can.

02:47:08.480 --> 02:47:11.200
 We really need to get this thing done by the end of August.

02:47:11.200 --> 02:47:12.200
 Looking forward to it.

02:47:12.200 --> 02:47:13.200
 Thank you, sir.

02:47:13.200 --> 02:47:14.200
 Great.

02:47:14.200 --> 02:47:15.200
 Thank you.

02:47:15.200 --> 02:47:18.200
 Thank you very much.

02:47:18.200 --> 02:47:23.400
 Commissioner Smith, just for the record, were you -- was your motion including staff recommendations

02:47:23.400 --> 02:47:24.400
 and conditions?

02:47:24.400 --> 02:47:25.400
 Yes, it was.

02:47:25.400 --> 02:47:27.960
 And Commissioner Ellis, are you okay seconding that?

02:47:27.960 --> 02:47:28.960
 Yes, I am.

02:47:28.960 --> 02:47:29.960
 Okay.

02:47:29.960 --> 02:47:30.960
 Perfect.

02:47:30.960 --> 02:47:33.320
 Thank you very much for your comments and conditions by staff recommendation.

02:47:33.320 --> 02:47:35.640
 Is there any other discussion on the item?

02:47:35.640 --> 02:47:44.200
 Seeing none, I call for a vote on the board.

02:47:44.200 --> 02:47:46.240
 Motion carries 6-0.

02:47:46.240 --> 02:47:47.240
 Congratulations.

02:47:47.240 --> 02:47:52.680
 Next item of business is item 4EZ18-0011F.

02:47:52.680 --> 02:48:01.880
 I'll open the public hearing and invite Julie Wyatt for presentation.

02:48:01.880 --> 02:48:05.680
 All right.

02:48:05.680 --> 02:48:10.960
 This is Z18-11, Agave Ranch.

02:48:10.960 --> 02:48:14.120
 Because you have seen this before, I thought I'd start out with the timeline.

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

02:48:20.600 --> 02:48:25.240
 the subject property to NR4 across the entire 92 acres.

02:48:25.240 --> 02:48:29.040
 At that time, the Planning and Zoning Commission recommended denial of the request.

02:48:29.040 --> 02:48:33.980
 The applicant did not move forward to City Council, but instead went back to modify the

02:48:33.980 --> 02:48:41.160
 project to reduce the NR4 to a portion of the site.

02:48:41.160 --> 02:48:46.480
 They're also proposing NR3 and NR2, and that request came before the Planning and Zoning

02:48:46.480 --> 02:48:48.240
 Commission in May.

02:48:48.240 --> 02:48:54.000
 At that time, the Planning and Zoning Commission asked the applicant to go back and reduce

02:48:54.000 --> 02:48:59.460
 those densities and voted to postpone the property -- I'm sorry, the project.

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

02:49:09.080 --> 02:49:10.920
 your consideration.

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

02:49:16.760 --> 02:49:23.320
 5 District to Neighborhood Residential 3 on 45 1/2 acres and Neighborhood Residential

02:49:23.320 --> 02:49:28.960
 2 on 46 1/2 acres, totaling about -- approximately 92.6 acres of land.

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

02:49:34.440 --> 02:49:39.000
 of Loop 288.

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.

02:49:44.160 --> 02:49:52.560
 The existing zoning has RD5 adjacent to FM428 with RD5X, essentially unzoned property to

02:49:52.560 --> 02:49:56.880
 the east, the balance of the site there in the stripes.

02:49:56.880 --> 02:50:01.120
 They're proposing a zoning pattern that you see in here.

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.

02:50:09.140 --> 02:50:15.800
 Your backup has a use and density comparison, essentially NR3 permits about 3 1/2 dwelling

02:50:15.800 --> 02:50:16.800
 units per acre.

02:50:16.800 --> 02:50:20.800
 NR2 permits about 12 -- two dwelling units per acre.

02:50:20.800 --> 02:50:26.960
 If this was approved, they could develop a maximum of 252 dwellings.

02:50:26.960 --> 02:50:32.080
 Current zoning is one of our more rural zoning designations, and the minimum lot size would

02:50:32.080 --> 02:50:34.320
 be 5 acres.

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

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?

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

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

02:50:55.080 --> 02:50:59.360
 designations do not meet the future land use designation.

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

02:51:03.240 --> 02:51:06.200
 and Development Code, and we'll kind of talk through those.

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

02:51:10.680 --> 02:51:13.600
 impact to future development?

02:51:13.600 --> 02:51:19.760
 Staff has seen with continued projects that have come before us that development is pushing

02:51:19.760 --> 02:51:26.760
 to the north, particularly on the arterials like Locust, I-35, and FM428, and so this

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

02:51:33.680 --> 02:51:38.600
 out there, and it is slowly moving north.

02:51:38.600 --> 02:51:45.920
 The subject property is adjacent to a couple of zoning districts across the FM428.

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

02:51:50.080 --> 02:51:55.480
 proposed NR3 permits, and then there's also NR2 to the north of there.

02:51:55.480 --> 02:52:01.600
 The proposal could also create a transition area, a buffer, between any rural uses to

02:52:01.600 --> 02:52:06.720
 the east and the high traffic areas along FM428.

02:52:06.720 --> 02:52:11.720
 The applicant did provide trip generation numbers actually on 310 properties, so it's

02:52:11.720 --> 02:52:14.120
 actually greater than what they're proposing.

02:52:14.120 --> 02:52:20.000
 That 310 homes would create about 2,900 trips per day.

02:52:20.000 --> 02:52:26.360
 The city also undertook a transportation study for the northeast sector of town.

02:52:26.360 --> 02:52:31.800
 As you're probably aware, FM428 is really that central spine that all trips go through,

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

02:52:38.040 --> 02:52:45.060
 how this area is going to develop out in the future.

02:52:45.060 --> 02:52:50.520
 And then capital improvements, there is a dedicated right-turn lane and a signal proposed

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.

02:52:57.320 --> 02:53:00.280
 So here are the results of that transportation study.

02:53:00.280 --> 02:53:02.440
 This map shows the outer loop to the north.

02:53:02.440 --> 02:53:05.720
 You can see it's kind of faint.

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

02:53:11.960 --> 02:53:17.840
 the area instead of just staying on one central spine.

02:53:17.840 --> 02:53:20.520
 The subject property is here in red.

02:53:20.520 --> 02:53:25.880
 Hartley Field, as this is proposed, would straighten out, cut through the subject property,

02:53:25.880 --> 02:53:31.120
 and then head west, actually connecting to Locust and providing additional connections

02:53:31.120 --> 02:53:32.960
 to the west.

02:53:32.960 --> 02:53:37.000
 There is water and sewer available to the property.

02:53:37.000 --> 02:53:45.080
 And there is adequate school capacity for students generated by the proposal.

02:53:45.080 --> 02:53:50.960
 And there is a fire station within 1.2 miles from the subject property.

02:53:50.960 --> 02:53:54.900
 Impact fees would be paid as a result of any development.

02:53:54.900 --> 02:53:59.920
 As they're proposing, the estimated roadway impact fee would be about $500,000, which

02:53:59.920 --> 02:54:03.000
 comes to about $2,000 per dwelling unit.

02:54:03.000 --> 02:54:10.480
 And then parks also requires a dedication fee as well as a development fee.

02:54:10.480 --> 02:54:15.440
 The dedication fee is based on a formula, and the estimated park dedication for the

02:54:15.440 --> 02:54:17.280
 property would be 1.7 acres.

02:54:17.280 --> 02:54:23.040
 The park development fee would be about $291 per single-family dwelling.

02:54:23.040 --> 02:54:28.360
 We also did a property tax analysis based upon the current taxable value of the land

02:54:28.360 --> 02:54:29.560
 as it is.

02:54:29.560 --> 02:54:32.520
 Part of it does have an agricultural exemption on it.

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

02:54:39.640 --> 02:54:42.420
 were valued at about $370,000.

02:54:42.420 --> 02:54:54.360
 And that comes to an estimated city taxes with improvements of about $578,000 per year.

02:54:54.360 --> 02:54:58.600
 We also want to consider the character of the area and the land uses.

02:54:58.600 --> 02:55:00.920
 And this is a rural area.

02:55:00.920 --> 02:55:06.120
 But with that existing growth around it, we do anticipate stage development along these

02:55:06.120 --> 02:55:07.120
 arterials.

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.

02:55:15.400 --> 02:55:21.080
 So we're recommending a condition that only single-family uses would be permitted.

02:55:21.080 --> 02:55:26.320
 We also looked at the mobility and open space.

02:55:26.320 --> 02:55:32.520
 Since this area is known for especially ranching and horses, the design standard should complement

02:55:32.520 --> 02:55:33.520
 that character.

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

02:55:39.560 --> 02:55:45.000
 construct an off-street multi-use path, essentially a trail off the street, however they wanted

02:55:45.000 --> 02:55:46.000
 to design that.

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

02:55:53.880 --> 02:55:58.560
 feet from a trail head so that those residents could access it.

02:55:58.560 --> 02:56:03.500
 And then we also request two remote connections to adjacent properties to make sure that trail

02:56:03.500 --> 02:56:07.720
 would be extended in the future.

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

02:56:15.460 --> 02:56:17.880
 in size with text dot plans.

02:56:17.880 --> 02:56:21.600
 And so therefore, it's important that there are buffers at arterials.

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

02:56:28.040 --> 02:56:31.280
 the future residents of any residential development.

02:56:31.280 --> 02:56:36.000
 And so that's why we're recommending that 30 foot landscape buffer with trees, landscaping,

02:56:36.000 --> 02:56:38.720
 berms, as well as fencing.

02:56:38.720 --> 02:56:40.160
 Public notification was sent out.

02:56:40.160 --> 02:56:41.520
 We sent a lot of them out.

02:56:41.520 --> 02:56:46.600
 And so in your backup, you received all of the response letters that we have received

02:56:46.600 --> 02:56:48.720
 thus far with this project.

02:56:48.720 --> 02:56:56.400
 We didn't receive any letters for this specific request in that boundary around the property

02:56:56.400 --> 02:56:59.040
 adjacent to FM428.

02:56:59.040 --> 02:57:01.320
 They did also hold neighborhood meetings.

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

02:57:08.320 --> 02:57:09.320
 come from.

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.

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

02:57:21.360 --> 02:57:23.880
 of Debt and Plan 2030.

02:57:23.880 --> 02:57:29.200
 But we do recommend the following conditions to ensure compatibility, one, to restrict

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

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.

02:57:44.200 --> 02:57:48.000
 The applicant is here, and I will stand for any questions.

02:57:48.000 --> 02:57:49.000
 Thank you, Julie.

02:57:49.000 --> 02:57:50.880
 I don't see any questions at this time.

02:57:50.880 --> 02:57:52.400
 This is public hearing.

02:57:52.400 --> 02:57:54.380
 We have several cards to go through.

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.

02:57:58.440 --> 02:58:00.960
 The applicant is Amy Bassett again, or other.

02:58:00.960 --> 02:58:06.280
 If you could just state your name and address for the record.

02:58:06.280 --> 02:58:12.520
 Jason Feigley with Allison Engineering, 2415 North Elm.

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.

02:58:22.960 --> 02:58:23.960
 Yes, I'll try to keep it.

02:58:23.960 --> 02:58:24.960
 I think we made it last time.

02:58:24.960 --> 02:58:25.960
 All right.

02:58:25.960 --> 02:58:26.960
 Let's try it.

02:58:26.960 --> 02:58:29.960
 We'll be a little quicker this time.

02:58:29.960 --> 02:58:39.080
 Again, as a quick overview, original public hearing was back in January.

02:58:39.080 --> 02:58:47.000
 We had a total of four public hearings before that meeting and a few after neighborhood

02:58:47.000 --> 02:58:48.000
 meetings.

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

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

02:58:58.760 --> 02:58:59.760
 interests.

02:58:59.760 --> 02:59:09.800
 And our original plan was for an NR4 development, 368 homes.

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

02:59:16.160 --> 02:59:18.760
 of homes down to 306.

02:59:18.760 --> 02:59:22.440
 And tonight, we are presenting another modified zoning request, which we're trying to be a

02:59:22.440 --> 02:59:27.720
 little more responsive to commissioner interests that we heard last month by further reducing

02:59:27.720 --> 02:59:32.380
 overall density and then also memorializing open space, pocket parks, and ponds.

02:59:32.380 --> 02:59:37.920
 And that's also in addition to the conditions that Julie mentioned earlier.

02:59:37.920 --> 02:59:42.280
 So our new zoning request is consistent with adjacent zoning, as Julie pointed out earlier.

02:59:42.280 --> 02:59:46.760
 It's a graduated zoning that protects the fringe from increasing density.

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

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

02:59:58.760 --> 03:00:09.320
 side of the property along both, and then down to that southern edge, which is unincorporated.

03:00:09.320 --> 03:00:12.160
 This is consistent with the growth pattern across the outer loop of Denton, which I'll

03:00:12.160 --> 03:00:13.640
 show that in a second.

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

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

03:00:28.000 --> 03:00:35.160
 the commissioner interests and maintain that eastern rural character as you get into the

03:00:35.160 --> 03:00:39.140
 lower density, some of those one acre lots that are east of us and the unincorporated

03:00:39.140 --> 03:00:42.760
 area south of us, really providing a buffer.

03:00:42.760 --> 03:00:46.800
 Before we were focusing on south to north as you moved away from the loop, decreasing

03:00:46.800 --> 03:00:55.720
 density, now we're also focusing on moving away from the major arterial reducing density.

03:00:55.720 --> 03:01:01.080
 This slide we showed last time back in May, these major gateways, the seven major gateways

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

03:01:05.640 --> 03:01:11.360
 this development falls within the overall pattern that exists in Denton.

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

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

03:01:21.000 --> 03:01:24.920
 all around Denton you do have anywhere from NR2 to NR4 zoning.

03:01:24.920 --> 03:01:29.280
 We fit right within that target zone.

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

03:01:35.600 --> 03:01:40.720
 point, along 380, you're almost seven miles out, and that's where the northeastern gateway

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.

03:01:50.000 --> 03:01:57.560
 That's about two and a half miles away from this development.

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

03:02:04.360 --> 03:02:09.480
 it shows where we are there out by the Natatorium.

03:02:09.480 --> 03:02:13.360
 The 2030 plan vision statement anticipate future housing needs as the city's population

03:02:13.360 --> 03:02:14.360
 grows.

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

03:02:22.240 --> 03:02:27.880
 intend to align our development with this plan, align the development approvals to reflect

03:02:27.880 --> 03:02:31.760
 the changing housing market through a mix of housing, embracing walkability, sustainability,

03:02:31.760 --> 03:02:35.160
 and conservation.

03:02:35.160 --> 03:02:37.960
 Encourage innovative housing development through residential development in rural areas that

03:02:37.960 --> 03:02:43.760
 protects the rural character, again, by allowing this transitional zoning and a cluster type

03:02:43.760 --> 03:02:49.480
 concepts in our development, we hope to meet these goals with compact mixed use and walkable

03:02:49.480 --> 03:02:50.480
 development patterns.

03:02:50.480 --> 03:02:57.060
 Again, we're meeting the city's recommendation, staff's recommendation of that, of the walking

03:02:57.060 --> 03:03:03.520
 distance, all the residents within here will be within walking distance of a park.

03:03:03.520 --> 03:03:07.920
 Area-wide trails, greenways, and green infrastructure, again, the connectivity to the city's plan

03:03:07.920 --> 03:03:12.760
 and mix of housing types to reflect changing demographics and housing preferences.

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

03:03:18.720 --> 03:03:30.040
 home, a different price point than what will be along 428 in the NR3 zoning.

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.

03:03:36.800 --> 03:03:41.200
 We talked a lot about the home types and the community amenities.

03:03:41.200 --> 03:03:45.400
 All of that's still planned, but one of the interests that the commissioners brought up

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

03:03:52.120 --> 03:03:55.680
 with this, what are we permanently doing to this property?

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

03:04:05.160 --> 03:04:11.680
 still are incorporating and you will see as we hopefully come back with platting in the

03:04:11.680 --> 03:04:12.680
 future.

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

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

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

03:04:33.720 --> 03:04:38.560
 up to three and a half units per acre along the NR3.

03:04:38.560 --> 03:04:44.960
 Provides for two distinct neighborhoods and even within that you'll really end up with

03:04:44.960 --> 03:04:48.360
 a neighborhood kind of on the north side of the primary arterial that will divide this

03:04:48.360 --> 03:04:51.600
 development and then a neighborhood on the south side with two different levels of density

03:04:51.600 --> 03:04:53.080
 within those neighborhoods.

03:04:53.080 --> 03:04:58.740
 We have three ponds and nine pocket parks and we feel very confident about memorializing

03:04:58.740 --> 03:05:00.080
 those amenities.

03:05:00.080 --> 03:05:08.160
 We've got three drainage basins here utilizing the existing pond and then providing with

03:05:08.160 --> 03:05:12.840
 two additional ponds, one at that northern gateway which we've discussed in the past

03:05:12.840 --> 03:05:15.920
 and then one along the eastern edge.

03:05:15.920 --> 03:05:21.520
 The pocket parks will be distributed throughout the development and utilizing some of the

03:05:21.520 --> 03:05:29.000
 existing features, again, providing that vicinity closeness to all of the residents so they have

03:05:29.000 --> 03:05:31.280
 amenities that they can walk to.

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

03:05:37.400 --> 03:05:44.400
 the landscape buffers that staff was recommending along 428, the other additional buffers along

03:05:44.400 --> 03:05:49.720
 the arterials, the streetscape that will be out in front of every home, and individual

03:05:49.720 --> 03:05:58.520
 lot coverage which code does have lot coverage requirements for NR2 and NR3 that is significantly

03:05:58.520 --> 03:06:04.680
 greater than what was going to be allowed in the NR4.

03:06:04.680 --> 03:06:09.400
 With these distinctive neighborhoods, again, trying to retain the rural character in open

03:06:09.400 --> 03:06:14.880
 space, trying to implement some clustering concepts as an alternative to the large lot

03:06:14.880 --> 03:06:20.760
 development and that's really in response to what market demand is showing.

03:06:20.760 --> 03:06:26.120
 The new development should be organized for walkability which we are doing, access to

03:06:26.120 --> 03:06:31.160
 parks which we are providing, open space and recreation, and ideally with all residents

03:06:31.160 --> 03:06:35.680
 should be within a 5-10 minute walk from neighborhoods serving retail and amenities.

03:06:35.680 --> 03:06:41.280
 Again, we are located within what will become a pretty significant retail center there at

03:06:41.280 --> 03:06:46.840
 288 and 428.

03:06:46.840 --> 03:06:51.480
 I think Amy will continue with some additional comments.

03:06:51.480 --> 03:06:58.400
 Thank you, commissioners. I'll be brief. I know you guys have seen this several times

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

03:07:04.080 --> 03:07:08.200
 we refresh your memory.

03:07:08.200 --> 03:07:13.240
 What we heard from the neighbors in the four neighborhood meetings that we had was that

03:07:13.240 --> 03:07:18.160
 they were concerned about whether or not we aligned with the Denton Plan which Jason just

03:07:18.160 --> 03:07:23.320
 went through, the ways that we believe that we do, the preservation of rural character,

03:07:23.320 --> 03:07:31.040
 the traffic on 428, the density and concentration of lots, their environmental concerns for

03:07:31.040 --> 03:07:36.240
 the Clear Creek Tributary nearby, respecting the character of the land, specifically the

03:07:36.240 --> 03:07:43.600
 ecoregion, concerns about multifamily in the future and ongoing neighborhood engagement.

03:07:43.600 --> 03:07:49.920
 We are attempting to preserve the rural character through the open space amenities that we're

03:07:49.920 --> 03:07:57.720
 providing with the pond, especially at the north entrance into the community gateway.

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

03:08:04.020 --> 03:08:08.000
 which I'll show you a little bit better perspective of that.

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

03:08:14.500 --> 03:08:19.960
 as a condition or as a part of a zoning approval.

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

03:08:24.560 --> 03:08:29.760
 like today with our future development on the left-hand side in green.

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

03:08:35.560 --> 03:08:39.860
 or right-of-way that exists today.

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

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

03:08:55.320 --> 03:08:58.840
 lane, two through lanes and two shoulders.

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

03:09:04.220 --> 03:09:07.800
 public utility easement plus a buffer.

03:09:07.800 --> 03:09:09.840
 This illustration shows a 20-foot buffer.

03:09:09.840 --> 03:09:15.280
 Staff is recommending a 30-foot buffer which we are amenable to that condition which puts

03:09:15.280 --> 03:09:22.640
 our development 75 feet from the edge of curb of 428.

03:09:22.640 --> 03:09:26.720
 This is more of an elevation of what that might look like.

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

03:09:32.920 --> 03:09:40.900
 the masonry screening wall at the back fence line of the first house to the curb.

03:09:40.900 --> 03:09:44.480
 It would end up being 75 feet.

03:09:44.480 --> 03:09:49.280
 We did hear from the neighbors that they have some environmental concerns specifically about

03:09:49.280 --> 03:09:53.680
 existing plants, native plants and grasses on the property.

03:09:53.680 --> 03:10:00.880
 We have absolutely no problem with working with master naturalists at their suggestion

03:10:00.880 --> 03:10:07.560
 to preserve or transplant any of those native species.

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

03:10:15.240 --> 03:10:18.320
 to protect the adjacent Clear Creek tributary.

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

03:10:23.880 --> 03:10:26.760
 of it does kind of just back up to the property.

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

03:10:33.720 --> 03:10:37.240
 damage to in any way.

03:10:37.240 --> 03:10:40.160
 Agave Ranch owners do want to be good neighbors.

03:10:40.160 --> 03:10:45.520
 They're committing to memorializing all of these conditions, holding future neighborhood

03:10:45.520 --> 03:10:52.960
 meetings, agreeing to staff recommended conditions and committing to memorializing a 15% preserved

03:10:52.960 --> 03:10:59.280
 open space including three ponds and nine pocket parks and that pond or pocket park

03:10:59.280 --> 03:11:03.880
 amenity is within a five minute walk of all homes within the development.

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.

03:11:11.280 --> 03:11:14.760
 And that is all I have but I'd be happy to answer any questions.

03:11:14.760 --> 03:11:15.760
 We have questions.

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.

03:11:19.000 --> 03:11:20.000
 Thank you, Chair.

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.

03:11:25.760 --> 03:11:30.520
 Last time we presented, we had NR2, NR3, NR4.

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.

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?

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.

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.

03:11:57.760 --> 03:12:03.400
 I definitely know that a chunk of these would still be reserved for local home builders.

03:12:03.400 --> 03:12:09.440
 I definitely still see that northern piece maintaining an independent character from

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

03:12:14.440 --> 03:12:17.920
 still see a variety of homes throughout this development.

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

03:12:22.040 --> 03:12:27.400
 a regional developer who -- I should say builder, not developer -- do you see a regional or

03:12:27.400 --> 03:12:32.120
 national builder who would come in and buy a chunk like 60?

03:12:32.120 --> 03:12:33.520
 Does that seem like something that you would --

03:12:33.520 --> 03:12:36.400
 I think that might be a better question for the developers.

03:12:36.400 --> 03:12:40.800
 I mean, I know that that is the intent that --

03:12:40.800 --> 03:12:44.000
 I guess I'd hate to be caught in between, so to speak.

03:12:44.000 --> 03:12:49.400
 I would like for that characteristic of custom home builders still being involved in this

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

03:12:56.360 --> 03:12:57.360
 take on 93 homes.

03:12:57.360 --> 03:12:58.360
 Right.

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

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

03:13:08.640 --> 03:13:09.640
 time to."

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.

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

03:13:20.000 --> 03:13:21.000
 piece.

03:13:21.000 --> 03:13:26.480
 I mean, with the NR2, again, the current code does have certain lot coverage requirements

03:13:26.480 --> 03:13:30.600
 and the side yard requirements and we'll adhere to all of that.

03:13:30.600 --> 03:13:34.960
 But will there be a different builder on that southern piece?

03:13:34.960 --> 03:13:35.960
 I'm not sure.

03:13:35.960 --> 03:13:38.360
 Wouldn't that be a question for the owners if they're here?

03:13:38.360 --> 03:13:41.080
 They might be able to speak to that.

03:13:41.080 --> 03:13:44.360
 Chair, does the developer have a card up here?

03:13:44.360 --> 03:13:46.720
 If so, I'll wait until the card.

03:13:46.720 --> 03:13:47.720
 I don't know.

03:13:47.720 --> 03:13:54.800
 I believe either John or Todd might -- Todd, I'm sorry.

03:13:54.800 --> 03:13:55.800
 Okay.

03:13:55.800 --> 03:13:58.960
 So -- Yeah, I'd like to ask the question of the

03:13:58.960 --> 03:13:59.960
 developer then.

03:13:59.960 --> 03:14:00.960
 Okay.

03:14:00.960 --> 03:14:01.960
 You didn't want to speak?

03:14:01.960 --> 03:14:02.960
 Okay.

03:14:02.960 --> 03:14:05.960
 Is it okay if he comes up and answers?

03:14:05.960 --> 03:14:06.960
 Absolutely.

03:14:06.960 --> 03:14:12.920
 There's a question, if you wouldn't mind answering it.

03:14:12.920 --> 03:14:19.080
 If you could just state your name and address for the record.

03:14:19.080 --> 03:14:20.080
 My name is John Howman.

03:14:20.080 --> 03:14:23.520
 I live at 300 Lamar Street, Roanoke, Texas.

03:14:23.520 --> 03:14:24.520
 Yeah.

03:14:24.520 --> 03:14:25.520
 The question still stands.

03:14:25.520 --> 03:14:26.520
 Yeah.

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

03:14:29.040 --> 03:14:33.240
 guys are going to try to market that to a national or regional builder instead.

03:14:33.240 --> 03:14:39.480
 On that northern section, as it was, we still have -- the local home builders are still

03:14:39.480 --> 03:14:41.480
 interested in those pieces.

03:14:41.480 --> 03:14:48.600
 Like you're saying, there's not a demand for 92 for a local home builder.

03:14:48.600 --> 03:14:54.160
 Our regional and national home builders are interested in the properties as it stands.

03:14:54.160 --> 03:14:58.560
 So maybe the builders who are touching the NR3 section will just extend back into that

03:14:58.560 --> 03:15:01.040
 equitable NR2 sections back behind there.

03:15:01.040 --> 03:15:02.040
 Correct.

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

03:15:08.360 --> 03:15:12.880
 section that will be custom home builders, and that's about what our demand was.

03:15:12.880 --> 03:15:13.880
 Okay.

03:15:13.880 --> 03:15:14.880
 Thank you.

03:15:14.880 --> 03:15:15.880
 Mr. Sanchez.

03:15:15.880 --> 03:15:16.880
 Yeah.

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

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.

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

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?

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

03:15:51.840 --> 03:15:59.920
 removing the ability to have the NR4 in that southwestern portion and the side yard requirements

03:15:59.920 --> 03:16:05.520
 and the lot coverage requirements that NR3 has that is greater than NR4, obviously that's

03:16:05.520 --> 03:16:08.720
 going to affect what will go there.

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,

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

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.

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

03:16:37.440 --> 03:16:40.560
 we see the reduction in the total maximum number of lots.

03:16:40.560 --> 03:16:46.160
 So you're not seeing an overall 92 acres that's a completely different development

03:16:46.160 --> 03:16:48.680
 than what you saw a month ago.

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

03:16:56.160 --> 03:17:02.240
 had before with the lower densities, but with a variety of housing types.

03:17:02.240 --> 03:17:06.760
 And so from the custom to the north to the production in the south.

03:17:06.760 --> 03:17:17.560
 And that's still -- I mean, unless I'm -- feel free to come up and -- yeah.

03:17:17.560 --> 03:17:23.600
 >> So really what it's done by taking this zoning change has really made more parkland.

03:17:23.600 --> 03:17:29.600
 When we were here last time, it was -- I think it was a little over 12.

03:17:29.600 --> 03:17:30.600
 It's now 15.

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

03:17:36.360 --> 03:17:41.200
 this plan to meet these densities, to meet these open space requirements, that that park

03:17:41.200 --> 03:17:43.340
 space will likely increase.

03:17:43.340 --> 03:17:50.920
 But as a memorialization, 15% is a good number.

03:17:50.920 --> 03:17:55.120
 >> And that number doesn't include the 30 foot setback that the city's requiring.

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

03:17:58.920 --> 03:18:00.640
 of thing.

03:18:00.640 --> 03:18:07.480
 The homes, the homes are still going to be $250,000 to $400,000 homes.

03:18:07.480 --> 03:18:14.040
 Some lots will be larger sizes, and our builders are willing to take those on.

03:18:14.040 --> 03:18:18.160
 >> I do not see any other questions.

03:18:18.160 --> 03:18:19.160
 Thanks, Jason.

03:18:19.160 --> 03:18:20.160
 >> Thank you.

03:18:20.160 --> 03:18:27.120
 >> The next card that I have is for Bridget Marshall, and then after Bridget, we have

03:18:27.120 --> 03:18:44.280
 Susie Autry.

03:18:44.280 --> 03:18:46.760
 And Miss Marshall, if you could state your name and address the record, you have four

03:18:46.760 --> 03:18:47.760
 minutes to speak.

03:18:47.760 --> 03:18:48.760
 >> Thank you.

03:18:48.760 --> 03:18:49.760
 Good evening.

03:18:49.760 --> 03:18:50.760
 I'm Bridget Marshall.

03:18:50.760 --> 03:18:55.040
 I live at 3539 Pine Trail in Denton.

03:18:55.040 --> 03:18:59.400
 I ask that you do not approve the Agave Ranch development.

03:18:59.400 --> 03:19:04.680
 Even though the developers have made changes to their plans, NR3 zoning with three houses

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

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

03:19:19.080 --> 03:19:20.080
 currently experience.

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

03:19:26.520 --> 03:19:28.560
 country.

03:19:28.560 --> 03:19:32.240
 Careful and thoughtful planning should be taken into consideration in order to keep

03:19:32.240 --> 03:19:39.520
 that aesthetic character of this area, such as laid out by the Denton Plan 2030.

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

03:19:45.400 --> 03:19:47.640
 this area is.

03:19:47.640 --> 03:19:51.680
 Those 92 acres are not ugly flat land.

03:19:51.680 --> 03:19:56.560
 I appreciate the existing prairie land, as many people do.

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,

03:20:01.880 --> 03:20:08.900
 the cattle ranches, and the open land surrounding it, no matter what facade is presented.

03:20:08.900 --> 03:20:14.420
 It would be a shame for dense and unbridled development to occur along FM 428, similar

03:20:14.420 --> 03:20:17.880
 to what has happened to Highway 380.

03:20:17.880 --> 03:20:24.480
 Once that happens, there will absolutely be no going back and regaining what once existed.

03:20:24.480 --> 03:20:27.920
 Many of us moved to this area for the ruralness.

03:20:27.920 --> 03:20:33.480
 We ourselves have horses and chickens on five acres, and have enjoyed living here and raising

03:20:33.480 --> 03:20:37.040
 a family in the country for 22 years.

03:20:37.040 --> 03:20:44.080
 I urge you to also consider the impact of having large subdivisions in an ecologically

03:20:44.080 --> 03:20:49.920
 sensitive area with the Elm Fork of the Trinity River and Clear Creek watersheds.

03:20:49.920 --> 03:20:54.280
 I'm also very concerned about the impact the Agave Ranch development will have on our

03:20:54.280 --> 03:20:56.720
 well's water level.

03:20:56.720 --> 03:21:00.880
 When questioned at one of their neighborhood meetings, the developers stated that they

03:21:00.880 --> 03:21:05.120
 would use their existing well for the landscaping.

03:21:05.120 --> 03:21:08.920
 That is a lot of water for 92 acres.

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

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

03:21:20.880 --> 03:21:24.080
 green spaces from the same aquifer.

03:21:24.080 --> 03:21:28.920
 So I'm asking you to please take all these things carefully into consideration and not

03:21:28.920 --> 03:21:34.420
 approve the proposed Agave Ranch development, and to please ensure any development adheres

03:21:34.420 --> 03:21:41.980
 to the recommendations laid out by the Denton Plan 2030 and the Future Land Use Plan.

03:21:41.980 --> 03:21:44.040
 Thank you for your time.

03:21:44.040 --> 03:21:47.360
 Thank you, Ms. Marshall.

03:21:47.360 --> 03:21:51.920
 Next is Susie Autry, followed by Sharon Kramer.

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

03:21:59.600 --> 03:22:00.600
 side of Denton.

03:22:00.600 --> 03:22:03.680
 I'm part of the Dobson family here.

03:22:03.680 --> 03:22:08.760
 We've been here each time representing the property at 5547 Woodland Hills, which is

03:22:08.760 --> 03:22:14.360
 directly adjacent to the southeast side of the property in question.

03:22:14.360 --> 03:22:19.160
 We continue to support the request to rezone.

03:22:19.160 --> 03:22:24.660
 Even with previous rezoning, we felt like it was a good product, a good project, even

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

03:22:29.800 --> 03:22:32.200
 for and it's more of what you have asked for.

03:22:32.200 --> 03:22:35.200
 I just wanted to point out a few things.

03:22:35.200 --> 03:22:37.760
 My prepared speech came last time.

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

03:22:44.240 --> 03:22:47.880
 of the city's requirements and exceeded many of those.

03:22:47.880 --> 03:22:54.320
 We feel like they've been considerate and taken on the issues that the neighbors and

03:22:54.320 --> 03:22:59.560
 the city have addressed or asked of them to do.

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

03:23:06.400 --> 03:23:07.400
 here to address.

03:23:07.400 --> 03:23:08.400
 It's the rezoning.

03:23:08.400 --> 03:23:11.120
 Once it's rezoned, it can't change back.

03:23:11.120 --> 03:23:15.240
 Someone else could come in and do something different, depending on the zoning.

03:23:15.240 --> 03:23:22.320
 So our feeling is, given how much time and effort this agave development has put into

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

03:23:28.020 --> 03:23:34.820
 changes and improvements based on request, that they're invested in this and that they're

03:23:34.820 --> 03:23:37.080
 not going to rezone and walk away.

03:23:37.080 --> 03:23:41.020
 So we feel like we can trust what they're asking of you.

03:23:41.020 --> 03:23:43.840
 We support that.

03:23:43.840 --> 03:23:49.680
 A lot has been said about the rural feel, which we completely agree with.

03:23:49.680 --> 03:23:55.880
 However, living at 5547 Woodland Hills Road, when there's anything at the football stadium,

03:23:55.880 --> 03:23:58.080
 you see the lights, you hear the speakers.

03:23:58.080 --> 03:24:01.280
 That's not too much of a rural feel anymore.

03:24:01.280 --> 03:24:04.200
 You have the water park with constant traffic.

03:24:04.200 --> 03:24:06.960
 That's not really the rural feel.

03:24:06.960 --> 03:24:13.480
 The auditorium, the skate park, the two DISD facilities, all of that doesn't really lend

03:24:13.480 --> 03:24:16.360
 itself to the rural feel anyway.

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

03:24:23.720 --> 03:24:25.680
 use zoning already.

03:24:25.680 --> 03:24:28.300
 So we don't know what that will entail in the future.

03:24:28.300 --> 03:24:34.320
 So we feel like this is a very good complement for the area.

03:24:34.320 --> 03:24:37.320
 Any mentions about horse ranches?

03:24:37.320 --> 03:24:41.520
 I don't really recollect that in this area there are any horse ranches.

03:24:41.520 --> 03:24:44.380
 They begin to the north.

03:24:44.380 --> 03:24:54.560
 So anything up to the Clear Creek Bridge seems to be where improvement and building could

03:24:54.560 --> 03:24:58.840
 take place, and this just seems like a good product.

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

03:25:03.720 --> 03:25:08.800
 work with this developer and make it the best it can be for that area.

03:25:08.800 --> 03:25:09.800
 Thank you.

03:25:09.800 --> 03:25:10.800
 Thank you.

03:25:10.800 --> 03:25:15.080
 Next is Sharon Kramer, followed by Ned Woodbridge.

03:25:15.080 --> 03:25:21.080
 If you could just state your name and address for the record, please.

03:25:21.080 --> 03:25:24.760
 Sharon Kramer, 3574 Pine Trail.

03:25:24.760 --> 03:25:31.880
 I'm Bridget's immediate neighbor, and I'm lucky to have her.

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

03:25:38.400 --> 03:25:44.400
 have hundreds of homes coming in across Sherman Drive.

03:25:44.400 --> 03:25:46.680
 Let's see how that shakes out.

03:25:46.680 --> 03:25:51.680
 See what happens with TxDOT and 428.

03:25:51.680 --> 03:25:56.600
 See what happens to the nature of the rate of home building.

03:25:56.600 --> 03:25:59.920
 And then let's come back and look at this again.

03:25:59.920 --> 03:26:04.560
 As I said earlier this week at yet another meeting, I think good decisions come from

03:26:04.560 --> 03:26:08.040
 good data.

03:26:08.040 --> 03:26:11.640
 Adding to the data, yes, there have been neighborhood meetings.

03:26:11.640 --> 03:26:17.600
 I was surprised that there was none for this plan.

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

03:26:27.440 --> 03:26:32.840
 anyone was looking for, something like an NR2 was more acceptable.

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

03:26:38.960 --> 03:26:39.960
 Field Road.

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.

03:26:47.000 --> 03:26:51.040
 And there was one last week, and I informed the other members of our water corporation

03:26:51.040 --> 03:26:57.960
 that our flow rate is about 10 gallons a minute on a good day.

03:26:57.960 --> 03:27:00.360
 Forty years ago that was not the case.

03:27:00.360 --> 03:27:04.120
 Forty years ago it was 30 to 35 a minute.

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

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.

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.

03:27:23.480 --> 03:27:28.120
 We maybe get 10 gallons a minute if no one else is running any water.

03:27:28.120 --> 03:27:35.020
 So for Agave to use even more water would easily be recognizable.

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

03:27:45.040 --> 03:27:46.520
 surrounding area.

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

03:27:52.920 --> 03:27:58.840
 or even two lanes of Sherman Drive completely disassociates those two sides.

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

03:28:08.120 --> 03:28:09.120
 it connects.

03:28:09.120 --> 03:28:10.400
 So thank you for your time.

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.

03:28:17.280 --> 03:28:20.760
 So I appreciate the work you do for my native community.

03:28:20.760 --> 03:28:21.760
 Thank you.

03:28:21.760 --> 03:28:23.280
 Thank you very much Sharon.

03:28:23.280 --> 03:28:30.920
 Next is Ned Woodbridge followed by Greg Johnson.

03:28:30.920 --> 03:28:37.000
 Good evening.

03:28:37.000 --> 03:28:43.680
 I'm Ned Woodbridge, 3596 Hartley Field Road in Denton.

03:28:43.680 --> 03:28:48.880
 I am here to express my opposition to the proposed zoning change.

03:28:48.880 --> 03:28:53.120
 I appreciate that the developers have made an effort to improve the plan, but I still

03:28:53.120 --> 03:28:56.800
 feel it falls far short and should be rejected.

03:28:56.800 --> 03:29:05.160
 The proposed development clearly is inconsistent with the Denton 2030 plan.

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.

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

03:29:19.200 --> 03:29:22.880
 and why this development proposal is antithetical to that plan.

03:29:22.880 --> 03:29:26.760
 So I must limit myself to making two points.

03:29:26.760 --> 03:29:34.520
 The first, the Denton 2030 plan establishes an optimal pattern of growth identified as

03:29:34.520 --> 03:29:42.440
 preferred growth concept, which calls for compact growth, encouraging infill, discouraging

03:29:42.440 --> 03:29:51.460
 suburban sprawl, and prescribing certain areas for future growth during the 2030 plan horizon.

03:29:51.460 --> 03:29:57.560
 These prescribed areas were deemed adequate to support the growth through the 2030 plan

03:29:57.560 --> 03:29:58.560
 horizon.

03:29:58.560 --> 03:30:06.720
 And let me just give you an example from the community vision statement, which seeks, and

03:30:06.720 --> 03:30:13.240
 I quote, "contiguous stage growth, which is fiscally and environmentally sound, reduces

03:30:13.240 --> 03:30:19.800
 fragmentation and sprawl, discourages premature development," and it goes on and will continue

03:30:19.800 --> 03:30:22.240
 in the interest of time.

03:30:22.240 --> 03:30:31.960
 The Agave Ranch project is suburban sprawl, which is explicitly discouraged in the 2030

03:30:31.960 --> 03:30:32.960
 plan.

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

03:30:39.360 --> 03:30:47.120
 sprawl and the economic blight it causes the city centers as retail and commercial activity

03:30:47.120 --> 03:30:50.800
 moves outward to follow the population.

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

03:30:58.640 --> 03:31:03.240
 for conservation development in the fringe areas of the city.

03:31:03.240 --> 03:31:10.320
 To quote the community vision statement, page 14, regarding these areas, I quote, "In our

03:31:10.320 --> 03:31:18.760
 rural fringe areas of the city and the extraterritorial jurisdiction, we see conservation development,

03:31:18.760 --> 03:31:25.720
 which retains rural character, protects open space and greenways, enhances development

03:31:25.720 --> 03:31:28.840
 value, and provides greater choices to landowners."

03:31:28.840 --> 03:31:36.680
 Thus, if the developers are looking for guidance, what would be acceptable to the community,

03:31:36.680 --> 03:31:42.960
 they should consider the conservation development pattern.

03:31:42.960 --> 03:31:48.400
 They could retain the lower housing price point and smaller lots they desire in a portion

03:31:48.400 --> 03:31:55.040
 of the property while maintaining significant open spaces to preserve the desired character

03:31:55.040 --> 03:32:00.960
 of the community, all in the R5 context.

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

03:32:07.160 --> 03:32:14.480
 an overall density of NR1 if it were done in the conservation development pattern.

03:32:14.480 --> 03:32:22.280
 Lastly, I want to remind everyone that the property developers bought this property zoned

03:32:22.280 --> 03:32:28.360
 as Rural 5, so under no undue burden with the existing zoning.

03:32:28.360 --> 03:32:30.640
 Thank you for your consideration.

03:32:30.640 --> 03:32:33.280
 Thank you very much for being here.

03:32:33.280 --> 03:32:38.480
 Next is Greg Johnson followed by Nathan Tune.

03:32:38.480 --> 03:32:43.040
 Hello again.

03:32:43.040 --> 03:32:45.400
 Greg Johnson, 319 West Oak, Denton, Texas.

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

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

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.

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

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

03:33:14.600 --> 03:33:16.240
 with it, it will get zoned appropriately.

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

03:33:23.840 --> 03:33:28.680
 was intended for, at least that's the way it was always used.

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

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.

03:33:43.000 --> 03:33:46.440
 We're going to double in size by 2030, where are those people going to live?

03:33:46.440 --> 03:33:51.960
 We're not going to build 20-story apartment complexes downtown.

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

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

03:34:04.560 --> 03:34:09.000
 stepped out and took a risk and built something, and then the other neighborhoods come and

03:34:09.000 --> 03:34:11.260
 it develops.

03:34:11.260 --> 03:34:14.680
 The north side of town is the next logical place for us to grow.

03:34:14.680 --> 03:34:17.760
 There's no, the reason the school district bought 100 acres right down the street from

03:34:17.760 --> 03:34:21.160
 this is they know they're going to need to put a school out here.

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.

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

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

03:34:37.680 --> 03:34:40.240
 the lifestyle they seeked.

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?

03:34:46.920 --> 03:34:50.360
 Which is, you know, these folks, sure, they went and bought the property.

03:34:50.360 --> 03:34:54.360
 Whether they bought it or they hadn't bought it yet really doesn't matter.

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

03:35:00.000 --> 03:35:02.560
 like to see there when it grows?

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

03:35:06.400 --> 03:35:08.360
 logical place for us to grow.

03:35:08.360 --> 03:35:12.800
 And so I would just urge you to think about the two points.

03:35:12.800 --> 03:35:15.080
 You know, at some point the city annexed it.

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."

03:35:19.560 --> 03:35:22.120
 That's why it's already 5.

03:35:22.120 --> 03:35:30.080
 And 428 is a fantastic corridor for future growth because you've got some beautiful topography

03:35:30.080 --> 03:35:31.080
 there.

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

03:35:35.200 --> 03:35:37.040
 you just couldn't develop into houses.

03:35:37.040 --> 03:35:40.200
 So you're going to still have a lot of green space.

03:35:40.200 --> 03:35:43.040
 You've got quite a bit of floodplain up and down there.

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.

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

03:35:54.960 --> 03:35:58.520
 doesn't work to put one or two lots per acre.

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

03:36:01.920 --> 03:36:02.920
 per acre.

03:36:02.920 --> 03:36:04.640
 You can't put the streets in.

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.

03:36:08.560 --> 03:36:11.560
 Well, you could sell one of those in Denton a year.

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

03:36:16.760 --> 03:36:20.640
 to -- we need to understand that these sort of things ultimately are going to grow in

03:36:20.640 --> 03:36:22.360
 these corridors.

03:36:22.360 --> 03:36:23.360
 Thank you.

03:36:23.360 --> 03:36:24.360
 Thank you.

03:36:24.360 --> 03:36:31.460
 Next is Nathan Toon.

03:36:31.460 --> 03:36:35.520
 Nathan Toon, 3717 Merrimack Drive.

03:36:35.520 --> 03:36:38.880
 Greg took quite a few of the words right out of my mouth.

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

03:36:45.600 --> 03:36:48.120
 of the Denton 2030 plan.

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

03:36:54.160 --> 03:37:00.320
 or ratified, but I would argue that several significant changes have happened to the landscape

03:37:00.320 --> 03:37:06.360
 of Denton since that plan was adopted, one of which being Denton High School buying land

03:37:06.360 --> 03:37:13.720
 on the north side of town in a -- what was a rural, undeveloped area.

03:37:13.720 --> 03:37:18.320
 Generally when schools come, you know, come close by, so do homes.

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,

03:37:25.600 --> 03:37:30.480
 they were anticipating growth and they were, quite frankly, looking for land that wasn't

03:37:30.480 --> 03:37:33.080
 already developed.

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

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

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

03:37:54.560 --> 03:37:55.560
 site.

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

03:38:03.360 --> 03:38:10.440
 two roadways, the last plans that I've seen show it coming not far from here.

03:38:10.440 --> 03:38:18.840
 And when that -- if that comes to fruition, that would change the landscape in this particular

03:38:18.840 --> 03:38:25.840
 area by itself, and, you know, I can certainly sympathize with, you know, somebody who bought

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,

03:38:32.000 --> 03:38:38.560
 something like that myself, but, you know, pragmatically speaking, I think this is the

03:38:38.560 --> 03:38:43.600
 next growth frontier in the City of Denton.

03:38:43.600 --> 03:38:52.120
 And this is not a very dense development relative to NR4, NR6, NR12, NRMU.

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.

03:39:01.080 --> 03:39:03.480
 So I support it, and I would ask that you do the same.

03:39:03.480 --> 03:39:04.480
 Thank you.

03:39:04.480 --> 03:39:06.080
 Thank you.

03:39:06.080 --> 03:39:07.080
 This is public hearing.

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

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

03:39:13.480 --> 03:39:14.480
 wants to speak.

03:39:14.480 --> 03:39:15.480
 Anyone want to come on?

03:39:15.480 --> 03:39:16.480
 Oh, bring it on down.

03:39:16.480 --> 03:39:17.480
 That's fine.

03:39:17.480 --> 03:39:37.200
 Yeah, you can fill it out later.

03:39:37.200 --> 03:39:38.200
 Yeah.

03:39:38.200 --> 03:39:39.200
 Hello, again.

03:39:39.200 --> 03:39:40.200
 This is the third time.

03:39:40.200 --> 03:39:43.520
 I think you guys all know my name, Susan Smith.

03:39:43.520 --> 03:39:47.560
 I live at 7736 FM 428.

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

03:39:54.560 --> 03:40:02.640
 here at all, just the density for this area, which is quickly becoming overpopulated.

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

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

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

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

03:40:25.840 --> 03:40:29.500
 and for what densities.

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

03:40:38.120 --> 03:40:45.480
 is sticking your head in the sand, because the Textot improvements on 377 that are currently

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

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

03:40:57.480 --> 03:41:00.960
 they have that zoning across the street.

03:41:00.960 --> 03:41:06.920
 If you didn't have 400 houses directly across the street, which had already been approved,

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,

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

03:41:19.340 --> 03:41:26.360
 I hope you'll consider that and not overly congest this area.

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

03:41:31.440 --> 03:41:37.120
 hold all future developments to what you feel the area can support and safely.

03:41:37.120 --> 03:41:42.920
 It seems to me some requirements need to be established because we have so many areas

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

03:41:49.060 --> 03:41:51.240
 wants to develop.

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

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

03:42:01.360 --> 03:42:02.600
 that.

03:42:02.600 --> 03:42:07.820
 Our plea to you is to protect our safety, our existing neighborhoods, and have some

03:42:07.820 --> 03:42:11.800
 developmental requirements for future forthcoming developments.

03:42:11.800 --> 03:42:18.380
 In other words, a vision and a plan for this area that can be accommodated.

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,

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,

03:42:30.480 --> 03:42:38.880
 the 92 acres, for anywhere from 184 to 200 homes maximum for that amount of acreage,

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

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

03:42:49.360 --> 03:42:51.200
 now.

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

03:42:56.240 --> 03:43:00.000
 2030 plan was fairly recent, am I right?

03:43:00.000 --> 03:43:04.520
 Maybe it was adapted five, eight years ago, something like that.

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

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.

03:43:15.080 --> 03:43:19.040
 I think we could stagger it in different areas.

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

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,

03:43:31.560 --> 03:43:34.920
 but that's over 30% objections.

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

03:43:41.800 --> 03:43:45.800
 closest neighbor to the north of the development, and I have a horse and cattle ranch.

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

03:43:52.760 --> 03:43:54.040
 is appropriate.

03:43:54.040 --> 03:43:55.040
 Thank you guys very much.

03:43:55.040 --> 03:43:56.040
 And I'll turn this in.

03:43:56.040 --> 03:43:57.040
 Is that okay?

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

03:44:08.480 --> 03:44:13.800
 wanted to register their thoughts, so I'm just going to read these into the record.

03:44:13.800 --> 03:44:16.680
 Anne Woodbridge, opposed.

03:44:16.680 --> 03:44:19.320
 Buddy Dobson, in support.

03:44:19.320 --> 03:44:21.800
 Kaitlyn Ashley, in support.

03:44:21.800 --> 03:44:25.200
 Bessie Lou Dobson, in support.

03:44:25.200 --> 03:44:28.040
 Eric Rushton, in support.

03:44:28.040 --> 03:44:30.560
 Todd Price, in support.

03:44:30.560 --> 03:44:32.960
 Jenna Rushton, in support.

03:44:32.960 --> 03:44:36.680
 John Hellman, in support.

03:44:36.680 --> 03:44:39.480
 Nina Rushton, in support.

03:44:39.480 --> 03:44:41.680
 Brenda Ashley, is in support.

03:44:41.680 --> 03:44:42.680
 Absolutely.

03:44:42.680 --> 03:44:48.400
 If you need to state your name and address for the record.

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

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

03:45:00.820 --> 03:45:02.360
 about last time.

03:45:02.360 --> 03:45:06.920
 Our family is the closest one to this development.

03:45:06.920 --> 03:45:10.840
 My family's lived there for almost 50 years.

03:45:10.840 --> 03:45:14.480
 They share the big pond with this development.

03:45:14.480 --> 03:45:17.960
 So it's in our family's backyard.

03:45:17.960 --> 03:45:25.200
 We're the most closely affected and we support this development because Mr. Johnson did a

03:45:25.200 --> 03:45:29.720
 great job talking about the development is here.

03:45:29.720 --> 03:45:39.080
 Denton's growing and this is a great lower density development for this area and this

03:45:39.080 --> 03:45:44.880
 company has gone above and beyond to work with the people that live around there to

03:45:44.880 --> 03:45:49.320
 come back and do the things that you've asked that they do.

03:45:49.320 --> 03:45:55.360
 And we just feel like that this is the appropriate development for this area.

03:45:55.360 --> 03:45:56.840
 We're going to be looking at it.

03:45:56.840 --> 03:45:58.440
 It's right in our backyard.

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

03:46:04.960 --> 03:46:07.440
 as longer than I can remember.

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

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

03:46:20.920 --> 03:46:26.320
 years ago because he was annexed into the city limits several years ago.

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

03:46:32.600 --> 03:46:36.240
 way forever, but that's not a reality where we live.

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

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

03:46:49.280 --> 03:46:53.920
 don't know what would come next, the other options before that were presented or not

03:46:53.920 --> 03:46:56.560
 nearly as good as this option.

03:46:56.560 --> 03:47:00.280
 So I would just ask that you vote in favor of this project.

03:47:00.280 --> 03:47:02.800
 Thank you.

03:47:02.800 --> 03:47:04.480
 Thank you.

03:47:04.480 --> 03:47:12.560
 This is a public hearing, come on down.

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.

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

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

03:47:27.160 --> 03:47:28.160
 as it stands.

03:47:28.160 --> 03:47:34.000
 Everyone has come up and said a lot of things very eloquently.

03:47:34.000 --> 03:47:36.880
 I just had a couple of questions.

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

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

03:47:47.440 --> 03:47:50.760
 it before that happens?

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,

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.

03:48:04.280 --> 03:48:10.760
 And then one comment was this was a mix of housing.

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

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

03:48:20.640 --> 03:48:24.680
 lot sizes, big houses, and it's not a mix.

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,

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

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

03:48:45.240 --> 03:48:50.440
 had divided up into two acre lots, and they sold very, very quickly.

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,

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

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

03:49:10.000 --> 03:49:11.000
 in.

03:49:11.000 --> 03:49:12.000
 Perfect.

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

03:49:14.600 --> 03:49:22.800
 Field on their property that they're developing, not the extension to realign it completely.

03:49:22.800 --> 03:49:28.360
 They would just provide the street where Hartley Field would end up going through the development.

03:49:28.360 --> 03:49:30.920
 They would have to designate a right of way back to the city.

03:49:30.920 --> 03:49:35.840
 So there is property in between their property and the current position of Hartley Field

03:49:35.840 --> 03:49:40.400
 Road that is not in the process of being developed.

03:49:40.400 --> 03:49:41.400
 That's correct.

03:49:41.400 --> 03:49:46.120
 And it would have to be either purchased or taken.

03:49:46.120 --> 03:49:50.600
 The city would have to acquire that to build a road.

03:49:50.600 --> 03:49:51.600
 Okay.

03:49:51.600 --> 03:49:52.600
 Thank you.

03:49:52.600 --> 03:49:53.600
 He handed me two cards.

03:49:53.600 --> 03:50:03.720
 This is Kelly Grizzeri in opposition, not wishing to speak, and Suzanne Fulton in opposition,

03:50:03.720 --> 03:50:07.720
 not wishing to speak.

03:50:07.720 --> 03:50:15.280
 This is a public hearing, anyone else wishing to speak may to certainly do so.

03:50:15.280 --> 03:50:17.040
 Seeing none, I will close the public hearing.

03:50:17.040 --> 03:50:18.040
 Commissioner Smith.

03:50:18.040 --> 03:50:21.640
 I'd like to make a motion to approve this project.

03:50:21.640 --> 03:50:25.120
 Before I do so, I'd like to make a couple comments.

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

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,

03:50:35.080 --> 03:50:36.120
 both feeling screwed.

03:50:36.120 --> 03:50:40.000
 So I think that the neighborhood might feel this way, and I know that developers come

03:50:40.000 --> 03:50:41.000
 back and forth.

03:50:41.000 --> 03:50:45.120
 It's the third time they've come back now, and have definitely reduced their density.

03:50:45.120 --> 03:50:49.720
 And to address the last person who spoke, they have changed it since the beginning.

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

03:50:57.940 --> 03:51:00.440
 about $370,000 per unit.

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

03:51:05.920 --> 03:51:12.960
 the horse on the way development works, and that residential development a lot of times

03:51:12.960 --> 03:51:17.320
 does have to lead commercial and infrastructure development.

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

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,

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

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

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.

03:51:45.760 --> 03:51:48.320
 So I think this is a necessary deal.

03:51:48.320 --> 03:51:52.200
 I think the developer has made some pretty large concessions, having come back to us

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

03:51:59.320 --> 03:52:01.760
 not zero lot line homes by any means.

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

03:52:07.120 --> 03:52:08.120
 there.

03:52:08.120 --> 03:52:14.440
 That doesn't compute to me unless it's a gigantic home, which it could be.

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

03:52:19.760 --> 03:52:24.880
 interests and trying to reduce that density by coming back and revising, as well as wanting

03:52:24.880 --> 03:52:28.440
 to honor local developers and trying to bring that to the project.

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

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

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

03:52:45.000 --> 03:52:46.760
 develop it the way they want to.

03:52:46.760 --> 03:52:49.560
 I think you're 100% correct in that.

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,

03:52:55.680 --> 03:53:00.440
 the eight to 11 years, I think that we're naturally going to have infill.

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

03:53:06.680 --> 03:53:08.840
 good for us to go with.

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

03:53:12.800 --> 03:53:16.960
 land with the development that is happening on the outer loop with Sanger and Pilot Point

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

03:53:21.280 --> 03:53:24.520
 in the sand to think that we're not going to have development out there.

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

03:53:28.840 --> 03:53:31.720
 with the staff recommendations and conditions.

03:53:31.720 --> 03:53:39.720
 Kathy, can you put his motion because I thought we had a second up there.

03:53:39.720 --> 03:53:45.440
 It was Commissioner Sanchez.

03:53:45.440 --> 03:53:48.600
 I second the motion and I also want to say a few things.

03:53:48.600 --> 03:53:54.960
 You know, we've had a lot of good discussion here, a lot of lively discussion.

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

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.

03:54:05.160 --> 03:54:08.440
 Well, the 2030 plan to me is a plan.

03:54:08.440 --> 03:54:10.800
 It's not set in stone.

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

03:54:16.320 --> 03:54:21.040
 not just say, well, this is our 2030 plan, we can't deviate from that.

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

03:54:31.920 --> 03:54:34.600
 happening in our city, growth.

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

03:54:40.360 --> 03:54:43.000
 up discussed, it's not rural anymore.

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.

03:54:49.560 --> 03:54:54.760
 That area, going out two or three miles, it's not rural anymore.

03:54:54.760 --> 03:54:57.640
 You know, we would like to see it be rural, but it's not.

03:54:57.640 --> 03:55:00.920
 And like they've said, we have to come to that realization.

03:55:00.920 --> 03:55:03.680
 Denton is growing and that's where it's going to grow.

03:55:03.680 --> 03:55:07.720
 And everything is already planned there.

03:55:07.720 --> 03:55:10.640
 It doesn't indicate it's rural.

03:55:10.640 --> 03:55:12.840
 We like to think it is, but it's not.

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.

03:55:18.160 --> 03:55:24.240
 And I came from New Mexico where I believe there were some rural places.

03:55:24.240 --> 03:55:30.040
 And also I guess I just fragment -- we talk about sprawling.

03:55:30.040 --> 03:55:32.080
 It's not sprawl.

03:55:32.080 --> 03:55:34.160
 The city of Denton, I don't think it's sprawling.

03:55:34.160 --> 03:55:35.680
 It's growing.

03:55:35.680 --> 03:55:37.840
 And there's a big difference.

03:55:37.840 --> 03:55:46.940
 So I'd just like to say I'm for the recommendation.

03:55:46.940 --> 03:55:53.280
 We have a first and a second for -- sir, we have closed the public hearing.

03:55:53.280 --> 03:56:02.140
 So unfortunately -- unfortunately we can't have any comments at this point.

03:56:02.140 --> 03:56:05.240
 We have a first and a second for approval of the motion.

03:56:05.240 --> 03:56:08.840
 And just to clarify, that was with conditions, Commissioner Smith?

03:56:08.840 --> 03:56:09.840
 Yes, sir.

03:56:09.840 --> 03:56:11.880
 And Sanchez, you were seconding that.

03:56:11.880 --> 03:56:12.880
 Commissioner Beck.

03:56:12.880 --> 03:56:15.120
 Thank you, Chair.

03:56:15.120 --> 03:56:22.280
 And as usual, thanks for everybody coming down and giving their input.

03:56:22.280 --> 03:56:27.600
 How this area transforms in the coming years will ultimately depend a lot on how property

03:56:27.600 --> 03:56:34.080
 owners and parcels north of this area will sustain the ranch and agricultural lifestyle

03:56:34.080 --> 03:56:35.800
 this area is known for.

03:56:35.800 --> 03:56:40.720
 Will they sustain their way of life or will they or their children seek remuneration selling

03:56:40.720 --> 03:56:45.720
 off their land piece by piece to future investors who don't share our vision?

03:56:45.720 --> 03:56:51.280
 Will this commission or city councils in the near future be able to exclude land currently

03:56:51.280 --> 03:56:58.120
 laying dormant along FM 428, be able to ignore the forces that demand growth to accommodate

03:56:58.120 --> 03:57:01.980
 future -- rapid future growth?

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.

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

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

03:57:20.600 --> 03:57:21.600
 going to see there.

03:57:21.600 --> 03:57:22.600
 There's no trees here.

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

03:57:27.600 --> 03:57:30.980
 and we're going to be seeing a bunch of them from this development.

03:57:30.980 --> 03:57:38.720
 These are local people who are invested in debt and that's a big plus, too.

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

03:57:45.000 --> 03:57:51.520
 all these years, but we could also clearly see the time was progressively diminishing

03:57:51.520 --> 03:57:58.840
 this prospect as developments in population growth extended itself along this FM 428 corridor.

03:57:58.840 --> 03:58:04.240
 To me, it seems highly unlikely that we'll see any revitalization for this property reflect

03:58:04.240 --> 03:58:06.600
 the glory days of the horse ranch.

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

03:58:12.040 --> 03:58:16.200
 five-acre lots to single-family residential dwellings.

03:58:16.200 --> 03:58:23.600
 I appreciate the perspective Mr. Woodbridge and others have about the 2030 plan, but it

03:58:23.600 --> 03:58:24.600
 is a guide.

03:58:24.600 --> 03:58:29.800
 When things change dramatically like they have in this area and other areas, it's not

03:58:29.800 --> 03:58:32.840
 a hard and fast standard, unfortunately.

03:58:32.840 --> 03:58:38.480
 We have to make decisions based on things as they change.

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

03:58:46.180 --> 03:58:51.720
 traffic-intense four-county loop to the north, this area is destined to be developed with

03:58:51.720 --> 03:58:55.800
 residential and nonresidential developments to meet this growth.

03:58:55.800 --> 03:59:00.640
 To obstruct this inevitability means financial loss for the property owners if we insist

03:59:00.640 --> 03:59:06.040
 it remains idle, and also lose city revenue, which Julie mentioned was over half a million

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

03:59:10.200 --> 03:59:14.960
 it's not all about money, but that's a big sum.

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

03:59:19.960 --> 03:59:25.960
 parcel with housing densities not commiserate with the surrounding land use, but I've lately

03:59:25.960 --> 03:59:31.560
 become concerned that not accommodating a development that doesn't meet a strict one

03:59:31.560 --> 03:59:36.360
 house per acre requirement or more may force the property owners to abandon any effort

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

03:59:41.980 --> 03:59:48.800
 it and wait until the infrastructure accommodates their needs to build residential and nonresidential

03:59:48.800 --> 03:59:51.880
 units that could be less acceptable to us.

03:59:51.880 --> 03:59:58.640
 If that happens, Sherman Drive could by default, this stretch of Sherman Drive, could by default

03:59:58.640 --> 04:00:03.720
 become a suburban corridor which would allow mixed commercial use as well as multifamily

04:00:03.720 --> 04:00:08.920
 dwellings with an SUP, and none of us want to see that.

04:00:08.920 --> 04:00:13.960
 What's being offered here, though not as we hoped for, is undoubtedly a well-conceived

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

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

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

04:00:32.200 --> 04:00:36.080
 trail spaces that are more suited for what's currently in place.

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

04:00:43.080 --> 04:00:48.640
 to encourage TxDOT to make plans sooner rather than later to improve Sherman Drive to better

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

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

04:00:57.720 --> 04:01:02.600
 isn't the final say on this.

04:01:02.600 --> 04:01:05.320
 Thank you, Mr. Beck. Mr. Ellis?

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

04:01:12.120 --> 04:01:18.120
 comments about the notification and comments, please?

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,

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.

04:01:27.120 --> 04:01:29.320
 Okay. You still haven't seen them?

04:01:29.320 --> 04:01:33.560
 I haven't seen them, but she's going to get them to me.

04:01:33.560 --> 04:01:39.280
 Okay. Secondly, in the applicant camp, can anyone address the aquaphor concerns that were

04:01:39.280 --> 04:01:42.800
 brought up?

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

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

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

04:02:08.200 --> 04:02:10.200
 probably use it to water the gardens.

04:02:10.200 --> 04:02:13.120
 Can we get him to speak up?

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

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

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

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

04:02:36.080 --> 04:02:37.080
 that big of a deal for us.

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 --

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.

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.

04:02:53.240 --> 04:02:55.600
 Okay. Thank you.

04:02:55.600 --> 04:02:56.600
 And then --

04:02:56.600 --> 04:02:57.600
 Can we serve --

04:02:57.600 --> 04:02:58.600
 Sure, if I could. Yeah, I do.

04:02:58.600 --> 04:02:59.600
 Yeah, you saw the floor.

04:02:59.600 --> 04:03:00.600
 Yeah, thank you.

04:03:00.600 --> 04:03:07.600
 Okay.

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

04:03:13.300 --> 04:03:17.220
 of years. My understanding, it goes into the Trinity Aquaphor. There are actually three

04:03:17.220 --> 04:03:22.520
 aquaphors in this area, the Upper Paluxy, the Lower Paluxy, and the Trinity. Most individual

04:03:22.520 --> 04:03:27.620
 residential wells are in either the Upper or Lower Paluxy. Municipal wells typically

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.

04:03:32.400 --> 04:03:37.200
 If we have large acre developments, they'll be drilling individual wells. It's not unusual

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

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

04:03:48.160 --> 04:03:53.420
 acre, it'd rather be cities drawing from the aquaphors or individual wells. That's going

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

04:03:56.840 --> 04:04:02.800
 Denton has a water CCN in that area so they can expand their water distribution facilities

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,

04:04:08.640 --> 04:04:15.320
 unfortunately, the well water's to replenish. Hope that helps answer some.

04:04:15.320 --> 04:04:20.960
 It does. Thank you, Mr. Allison. Appreciate it. So with that, Chair, I had a question,

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,

04:04:28.520 --> 04:04:34.480
 several people in the applicant presentation mentioned memorializing things like the ponds

04:04:34.480 --> 04:04:39.200
 and the green space. Is that something that could actually be made part of the zoning

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

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

04:04:53.760 --> 04:04:57.440
 I may. We'll let somebody from staff answer that

04:04:57.440 --> 04:05:10.040
 if they can, please. Trying to think how to, in terms of the open

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

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

04:05:26.360 --> 04:05:30.720
 it more than one time, so that's why I'm bringing it up.

04:05:30.720 --> 04:05:38.280
 It certainly could be memorialized as part of an overlay condition.

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

04:05:44.040 --> 04:05:53.720
 legal issue, I see. I'll give that some thought and I think Mr.

04:05:53.720 --> 04:05:56.280
 Beckson. Mr. Beck?

04:05:56.280 --> 04:06:03.040
 Thank you, Chair. To Commissioner Ellis' statement on that, I would direct, I guess, the proposal

04:06:03.040 --> 04:06:10.400
 that Commissioner Smith maybe reword his approval, that would include that, if he's willing to

04:06:10.400 --> 04:06:14.520
 do that. I'll accept a friendly amendment to the motion.

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,

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,

04:06:22.520 --> 04:06:29.200
 but I accept a friendly amendment. Mr. Shaw's?

04:06:29.200 --> 04:06:36.120
 Oh, here comes Julie. Leave me open. Let her go ahead and ask.

04:06:36.120 --> 04:06:38.160
 Okay. Kyshaw's?

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,

04:06:43.960 --> 04:06:47.840
 thank you. Let me comment real quickly for the, again,

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

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

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

04:07:03.080 --> 04:07:08.000
 going to negatively impact, you know, the neighbors, I would encourage you, I've stuck

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

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

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

04:07:28.480 --> 04:07:40.720
 to build houses in there before you go to a national builder, so, thanks.

04:07:40.720 --> 04:07:41.720
 Commissioner Sanchez?

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.

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

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

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

04:08:03.040 --> 04:08:05.040
 what it entails.

04:08:05.040 --> 04:08:15.040
 Well, we pulled up a portion of the applicant's presentation that they referenced, and it

04:08:15.040 --> 04:08:21.320
 could certainly be added as part of the conditions in addition to the staff recommended conditions

04:08:21.320 --> 04:08:22.720
 for that zoning.

04:08:22.720 --> 04:08:32.400
 I think in particular the last two bullet points seem to be.

04:08:32.400 --> 04:08:34.160
 Does that clarify for you, Commissioner Sanchez?

04:08:34.160 --> 04:08:36.640
 Would that be part of their recommendation?

04:08:36.640 --> 04:08:40.160
 That's what they're going to do anyway, isn't it?

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

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

04:08:51.840 --> 04:08:57.280
 the rezoning ordinance, like the other staff conditions would be written into that ordinance.

04:08:57.280 --> 04:08:58.280
 Okay.

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

04:09:03.720 --> 04:09:04.800
 in?

04:09:04.800 --> 04:09:11.320
 With our AIS, our agenda information sheet that goes to City Council, we typically provide

04:09:11.320 --> 04:09:14.800
 a blurb about what transpired at Planning and Zoning Commission.

04:09:14.800 --> 04:09:18.440
 It would certainly be part of our discussion.

04:09:18.440 --> 04:09:19.440
 Okay.

04:09:19.440 --> 04:09:20.440
 Commissioner Ellis.

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

04:09:25.400 --> 04:09:28.320
 what the council would consider?

04:09:28.320 --> 04:09:30.480
 Commissioner Ellis.

04:09:30.480 --> 04:09:31.480
 Thank you, Chair.

04:09:31.480 --> 04:09:34.680
 Yeah, Commissioner Sanchez, so moralizing would mean we'd make it a condition, which

04:09:34.680 --> 04:09:38.960
 I haven't made a friendly amendment yet, but I'm about to.

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

04:09:44.720 --> 04:09:53.680
 development here, but on this side of 428, NR2 is about all I would consider.

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

04:09:57.340 --> 04:10:06.400
 come within 68 homes of what I said I would agree to see here.

04:10:06.400 --> 04:10:11.880
 With these further concessions, I can definitely get on board with this development if I can

04:10:11.880 --> 04:10:21.020
 make a friendly amendment to the current motion to add condition of 15% preserved green space,

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

04:10:28.000 --> 04:10:34.600
 and pond amenities within a five-minute walk of all homes, would be my friendly amendment.

04:10:34.600 --> 04:10:39.640
 I'll accept that amendment to my motion.

04:10:39.640 --> 04:10:42.320
 And Commissioner Sanchez, do you second?

04:10:42.320 --> 04:10:43.720
 I second that.

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

04:10:50.760 --> 04:10:55.160
 developer or the applicant is okay with those two additional conditions?

04:10:55.160 --> 04:10:56.160
 Okay.

04:10:56.160 --> 04:11:00.880
 I'm seeing nodding of heads for those on TV watching.

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

04:11:07.920 --> 04:11:11.080
 added conditions by Commissioner Smith.

04:11:11.080 --> 04:11:14.880
 Is there any other discussion on this item?

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

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,

04:11:31.480 --> 04:11:34.800
 the same faces have shown up each time.

04:11:34.800 --> 04:11:40.480
 It's helpful for me personally and I think as a commission to have primarily citizen

04:11:40.480 --> 04:11:45.360
 feedback that's been diligent and persistent, and we've had offline conversations, we've

04:11:45.360 --> 04:11:52.640
 had discussions here, and it seems as though from the best I can gauge, almost everything

04:11:52.640 --> 04:11:58.240
 that the citizens and residents of not just that area, but in Aubrey and in Countyland

04:11:58.240 --> 04:12:05.320
 and even south of I-35, the developers have taken into consideration to try to create

04:12:05.320 --> 04:12:12.680
 the best they can, and at that density, that neighborhood will be in almost alignment with

04:12:12.680 --> 04:12:20.600
 Idiots Hill, Forest Ridge, South Lake, some of the preeminent neighborhoods in our city.

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

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,

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

04:12:39.040 --> 04:12:43.640
 down the road take into consideration how that plays out to eastward expansion, that

04:12:43.640 --> 04:12:46.480
 going east, it's an NR2 precedent going forward.

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

04:12:53.800 --> 04:13:01.320
 the arterioles, that it's as rural as it can be.

04:13:01.320 --> 04:13:03.320
 I think those are my notes I had.

04:13:03.320 --> 04:13:07.240
 So with that, maybe I need to speak explicitly, I'm for the project.

04:13:07.240 --> 04:13:13.640
 I appreciate the applicant and the developer being really persistent and patient and listening,

04:13:13.640 --> 04:13:16.920
 and I think for the residents to come out and voice their opinions.

04:13:16.920 --> 04:13:22.080
 My hope is that this project actually is something that looks good driving on 428.

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

04:13:26.640 --> 04:13:30.280
 on that property in a while besides the occasional show there.

04:13:30.280 --> 04:13:35.400
 So I'm for this and I'm excited to see this project move forward.

04:13:35.400 --> 04:13:43.800
 Seeing no other discussion, I'm going to call for a vote on the board.

04:13:43.800 --> 04:13:46.640
 Motion carries 6-0, congratulations.

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

04:13:55.720 --> 04:14:05.300
 a break.

04:14:05.300 --> 04:14:06.300
 Thank you, ladies and gentlemen.

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

04:14:10.000 --> 04:14:13.320
 the room and use the facilities.

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

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

04:14:23.440 --> 04:14:30.440
 and open the public hearing for both 4F and 4G.

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.

04:14:42.480 --> 04:14:47.080
 Just to clarify, though, there will have to be a separate vote on each one.

04:14:47.080 --> 04:14:53.760
 So with that said, I'm presenting Z1825 and S194.

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

04:14:59.740 --> 04:15:05.240
 to remove an overlay restriction that prohibited multifamily dwellings, and then the second

04:15:05.240 --> 04:15:08.800
 request is a specific use permit for multifamily dwellings.

04:15:08.800 --> 04:15:17.540
 The subject property is located on the north side of Ryan Road, just west of Teasley.

04:15:17.540 --> 04:15:22.600
 Some zoning on the subject property, prior to 2008, the subject property is part of a

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

04:15:27.760 --> 04:15:29.320
 in black.

04:15:29.320 --> 04:15:39.240
 In 2008, that zoning was modified, and it was rezoned to NRMU, and it included overlay

04:15:39.240 --> 04:15:43.520
 restrictions, one of those being no more than 50 percent of the site could be developed

04:15:43.520 --> 04:15:49.000
 as commercial retail, and then the second overlay restriction was no multifamily dwellings

04:15:49.000 --> 04:15:54.000
 could be constructed on the portion of the property fronting Teasley Lane.

04:15:54.000 --> 04:15:58.640
 Commissioner Rozelle asked at the work session about where that line was, and so we went

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

04:16:03.880 --> 04:16:04.880
 ordinance.

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

04:16:12.640 --> 04:16:24.240
 little stream buffer, which if we'll go back to, it follows the eastern property boundary,

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

04:16:28.960 --> 04:16:34.840
 be permitted, that would be for retail and more commercial type uses adjacent to Teasley,

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

04:16:39.800 --> 04:16:45.400
 looks like that line may have separated the subject property in two.

04:16:45.400 --> 04:16:50.680
 In 2014, the property came back for another rezoning.

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

04:16:57.440 --> 04:17:00.180
 NR6 for a single family development.

04:17:00.180 --> 04:17:07.600
 The NRMU was maintained on the remainder 23 acres, that area outlined in black, with the

04:17:07.600 --> 04:17:14.880
 following limitations, no multifamily dwellings were permitted, and that entire tract of 23

04:17:14.880 --> 04:17:20.080
 acres could be developed with commercial uses, so no 50% limitation.

04:17:20.080 --> 04:17:27.760
 Currently, in the 2019 request, they're proposing to maintain the existing NRMU zoning, so not

04:17:27.760 --> 04:17:31.920
 change that underlying zoning, but remove that overlay restriction for the multifamily

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

04:17:38.160 --> 04:17:42.320
 the remainder 15 adjacent to Teasley Lane.

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

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

04:17:50.240 --> 04:17:55.380
 Plan 2030, and does it facilitate the adequate provision of public facilities?

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

04:17:59.920 --> 04:18:00.920
 mixed use.

04:18:00.920 --> 04:18:05.560
 It's intended to provide that mix of commercial uses, but with the complementary higher density

04:18:05.560 --> 04:18:12.280
 residential uses, the intent is to have a diversity of use on any given property to

04:18:12.280 --> 04:18:18.280
 increase economic vitality and create a sense of place, maybe have a walkable environment.

04:18:18.280 --> 04:18:22.600
 Multifamily development is consistent with this future land use designation.

04:18:22.600 --> 04:18:26.320
 Residential use is a complementary use for commercial centers.

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

04:18:31.440 --> 04:18:38.480
 land use work together, the property to the west has that low residential future land

04:18:38.480 --> 04:18:43.240
 use designation, so kind of more that single family suburban pattern, and you can see as

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

04:18:51.200 --> 04:18:58.880
 goes from the low density to a more moderate density, and then the commercial center, and

04:18:58.880 --> 04:19:05.760
 a multifamily use in this area really would contribute to that gradual transition of intensity.

04:19:05.760 --> 04:19:10.960
 So it would provide an appropriate buffer.

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

04:19:19.240 --> 04:19:23.280
 going to be required in order to accommodate that growth, and that includes multifamily,

04:19:23.280 --> 04:19:31.080
 and includes multifamily in areas that are in urbanized areas that are close to schools

04:19:31.080 --> 04:19:33.320
 and shopping and areas of convenience.

04:19:33.320 --> 04:19:37.640
 So the subject property is consistent with that.

04:19:37.640 --> 04:19:40.920
 We also looked at the infrastructure, and we looked at quite a few factors considering

04:19:40.920 --> 04:19:41.920
 infrastructure.

04:19:41.920 --> 04:19:46.020
 So the first we looked at was a trip generation analysis.

04:19:46.020 --> 04:19:51.320
 We compared the traffic volumes generated from what would be entitled today, so just

04:19:51.320 --> 04:19:55.800
 a commercial retail center, versus what's proposed.

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

04:20:01.080 --> 04:20:05.560
 be permitted by right, it would generate about 1,800 trips per day.

04:20:05.560 --> 04:20:12.040
 The proposed multifamily would generate about 1,100, so there really is a reduction.

04:20:12.040 --> 04:20:19.520
 The multifamily would actually generate less traffic than a commercial use on this property.

04:20:19.520 --> 04:20:23.920
 Any development on the site will require roadway impact fees.

04:20:23.920 --> 04:20:32.140
 Before this proposed plan, they would have to pay approximately $265,000 or about $1,200

04:20:32.140 --> 04:20:33.200
 per dwelling unit.

04:20:33.200 --> 04:20:36.120
 This is used to implement our mobility plan.

04:20:36.120 --> 04:20:40.240
 They would also be required to make access and perimeter street improvements.

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

04:20:47.120 --> 04:20:53.920
 is the driveway onto Ryan Road will actually be right out only.

04:20:53.920 --> 04:20:58.680
 That right end will be for emergency vehicles only, would be actually locked and only be

04:20:58.680 --> 04:21:01.520
 accessed by emergency vehicles.

04:21:01.520 --> 04:21:08.000
 So it really would push the traffic to that Hunters Creek and onto Teasley Lane.

04:21:08.000 --> 04:21:10.360
 So there would be full access onto Hunters Creek.

04:21:10.360 --> 04:21:16.520
 Hunters Creek was, when Teasley Trails was developed, was stubbed out to be continued

04:21:16.520 --> 04:21:20.640
 in the future to connect that neighborhood to Teasley Lane.

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

04:21:27.120 --> 04:21:30.640
 entire road, and there would be full access there.

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

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

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

04:21:50.680 --> 04:21:51.680
 those roads.

04:21:51.680 --> 04:21:55.160
 So I've got Teasley Trails outlined here in blue.

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

04:22:00.600 --> 04:22:02.960
 to get onto Teasley or Ryan.

04:22:02.960 --> 04:22:06.080
 Teasley Trails has several ways in and out.

04:22:06.080 --> 04:22:13.000
 Ranch Man to the north, then you have the future Hunters Creek, that will be another

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

04:22:19.880 --> 04:22:21.540
 to the south.

04:22:21.540 --> 04:22:24.760
 So Teasley Trails has several ways in and out.

04:22:24.760 --> 04:22:28.120
 It's kind of a different story for the neighborhood across Teasley.

04:22:28.120 --> 04:22:34.620
 Summit Oaks really has Hunters Creek right here, and then one other street that connects

04:22:34.620 --> 04:22:37.640
 to Teasley Lane to the north pretty close to each other.

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.

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

04:22:47.880 --> 04:22:51.160
 right here and this intersection.

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

04:22:57.040 --> 04:23:03.320
 department, and based upon the existing trips for the neighborhoods, the proposed trips

04:23:03.320 --> 04:23:08.880
 for that proposed multifamily development and any future commercial development would

04:23:08.880 --> 04:23:16.280
 probably meet the warrants at this location for a signal, for a light, and probably a

04:23:16.280 --> 04:23:23.360
 deceleration lane going south onto Teasley as people were entering this commercial development.

04:23:23.360 --> 04:23:27.160
 So here's those trips that we looked at to create this analysis.

04:23:27.160 --> 04:23:32.520
 We looked at the surrounding single family, 430 dwelling units, creates about 4,000 trips

04:23:32.520 --> 04:23:34.800
 per day for the ITE manual.

04:23:34.800 --> 04:23:39.560
 The proposed multifamily, once again, is that 1165, and then we just took the uses that

04:23:39.560 --> 04:23:45.240
 are permitted by right in NRMU and what we thought those kind of sizes would be.

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

04:23:52.520 --> 04:23:55.800
 be some combination of those commercial uses.

04:23:55.800 --> 04:24:00.520
 It could create a potential trips of about 11,000 trips, which would meet those warrants

04:24:00.520 --> 04:24:04.400
 for that signal at Hunters Creek.

04:24:04.400 --> 04:24:08.640
 Nearby capital improvements include both Teasley Lane and Ryan Road.

04:24:08.640 --> 04:24:16.080
 Teasley Lane has been under expansion from two lane to that eventual six lane divided

04:24:16.080 --> 04:24:18.460
 road.

04:24:18.460 --> 04:24:22.480
 Construction is a bit stalled right now.

04:24:22.480 --> 04:24:25.720
 They are looking at replacing the contractor.

04:24:25.720 --> 04:24:28.240
 We don't have an end date for that.

04:24:28.240 --> 04:24:34.720
 Ryan Road is on the November, the funding for that is on the November bond election

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.

04:24:41.000 --> 04:24:44.680
 There will be an increasing capacity in both of those roads.

04:24:44.680 --> 04:24:50.420
 Additionally, the city has commissioned a transportation study for Southwest Denton.

04:24:50.420 --> 04:24:51.420
 We've seen a lot of growth.

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

04:24:56.400 --> 04:25:01.440
 that there is capacity and that especially improvements to Ryan Road and also Hickory

04:25:01.440 --> 04:25:07.600
 Creek to the south will add additional places for traffic to go, disperse the traffic a

04:25:07.600 --> 04:25:19.040
 little more instead of just funneling them onto very few roads with limited capacity.

04:25:19.040 --> 04:25:21.560
 Water and wastewater, they are available to the site.

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

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.

04:25:32.840 --> 04:25:37.600
 They also as part of development would be required to do park dedication and development

04:25:37.600 --> 04:25:38.600
 fees.

04:25:38.600 --> 04:25:42.440
 The schools that are within the attendance zone, that's Sam Houston Elementary, McMath

04:25:42.440 --> 04:25:46.160
 Middle, and then Denton High School, there is adequate capacity.

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,

04:25:54.080 --> 04:25:59.160
 and there's also a fire station near to make sure that there is adequate fire.

04:25:59.160 --> 04:26:04.680
 So based upon the criteria for approval, staff recommends approval of the rezoning request

04:26:04.680 --> 04:26:12.520
 to remove that overlay restriction, and now we'll go over some specific criteria for the

04:26:12.520 --> 04:26:15.240
 site plan for the SUP.

04:26:15.240 --> 04:26:18.920
 So the criteria for approval are in SUP Chapter 6 of the Denton Development Code.

04:26:18.920 --> 04:26:22.400
 So we'll look at the site plan.

04:26:22.400 --> 04:26:28.760
 The subject property is, or the development as proposed would include five three story

04:26:28.760 --> 04:26:29.760
 buildings.

04:26:29.760 --> 04:26:32.640
 They are in purple.

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

04:26:39.680 --> 04:26:45.480
 areas or amenities in terms of the pool as well as a dog park.

04:26:45.480 --> 04:26:52.840
 They are proposing about 59 percent lot coverage, which is less than the maximum permitted of

04:26:52.840 --> 04:26:55.960
 80 percent, landscape area of 40 percent.

04:26:55.960 --> 04:26:58.600
 They're proposing a maximum building height of 50 feet.

04:26:58.600 --> 04:27:00.480
 I believe their building height is actually less than that.

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.

04:27:07.720 --> 04:27:15.280
 The required setback from single family uses for this type of use is 45 feet, depending

04:27:15.280 --> 04:27:20.360
 on the height of the building, from the property line.

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

04:27:26.080 --> 04:27:32.120
 is that 101 feet setback from that property line here.

04:27:32.120 --> 04:27:38.400
 They're also proposing an eight foot precast fence along the property line, and also to

04:27:38.400 --> 04:27:41.720
 ensure that there is adequate parking lot lighting, we want to make sure the parking

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.

04:27:47.840 --> 04:27:53.640
 We are recommending a condition that parking area light fixtures be held at a maximum height

04:27:53.640 --> 04:27:58.880
 of 14 feet or less, and that they have an average illuminance of two foot candles.

04:27:58.880 --> 04:28:02.540
 We're also meeting the parking racks.

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

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

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,

04:28:26.600 --> 04:28:31.880
 and then also in this naturalized area, as well as some throughout the site.

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

04:28:40.600 --> 04:28:45.240
 to keep that stream buffer, which is no longer an environmentally sensitive area, but to

04:28:45.240 --> 04:28:47.200
 keep it naturalized.

04:28:47.200 --> 04:28:54.880
 They are proposing to put some dog waste stations through there, though, just for the residents.

04:28:54.880 --> 04:28:59.540
 The elevations show earth tone color scheme with an average of 40% brick or stone for

04:28:59.540 --> 04:29:05.200
 the exterior finishes, and this is compatible with the character of the surrounding residential

04:29:05.200 --> 04:29:07.000
 properties.

04:29:07.000 --> 04:29:13.440
 We did a property tax analysis based upon the unimproved value of the land versus the

04:29:13.440 --> 04:29:17.880
 difference with improvements based upon the numbers they gave us for what they think is

04:29:17.880 --> 04:29:25.640
 the estimated improvements, and that shows a difference of $167,000 in a given year for

04:29:25.640 --> 04:29:28.080
 city taxes paid.

04:29:28.080 --> 04:29:35.480
 We sent out public notification for both the rezoning request and the SUP.

04:29:35.480 --> 04:29:45.080
 For the zoning, we've received 14 letters in opposition, and the number has actually

04:29:45.080 --> 04:29:49.000
 changed, the percentage is 12.27%.

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%.

04:29:57.680 --> 04:30:04.440
 So staff recommends approval of the SUP in addition to the zoning case, tying that site

04:30:04.440 --> 04:30:12.600
 plan, landscape plan, and elevations to that SUP, and additionally with another condition

04:30:12.600 --> 04:30:21.840
 that those parking area light fixtures be capped at heights that would prevent that

04:30:21.840 --> 04:30:26.160
 glare from the adjacent properties, but also provide enough illumination.

04:30:26.160 --> 04:30:29.360
 And the applicant is here, and I'll stand for questions.

04:30:29.360 --> 04:30:30.360
 We got several.

04:30:30.360 --> 04:30:31.360
 Commissioner Smith.

04:30:31.360 --> 04:30:32.360
 Thank you, Chair.

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

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,

04:30:45.560 --> 04:30:46.560
 correct?

04:30:46.560 --> 04:30:51.120
 What is TechStock looking for from that TIA to predicate whether or not a street light

04:30:51.120 --> 04:30:53.400
 needs to be put in?

04:30:53.400 --> 04:30:58.980
 My discussions with our engineering group is that the commercial component will have

04:30:58.980 --> 04:31:06.080
 to be developed at the corner for it to meet the warrants for a light.

04:31:06.080 --> 04:31:11.800
 There's nothing else that can be done in this process from a recommendation and putting

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

04:31:15.520 --> 04:31:22.840
 light tied to this project itself.

04:31:22.840 --> 04:31:26.160
 We can continue talking with engineering.

04:31:26.160 --> 04:31:31.040
 It could certainly be something that- Basically what you're saying is that city engineering

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.

04:31:34.880 --> 04:31:35.880
 Yes.

04:31:35.880 --> 04:31:36.880
 Yes.

04:31:36.880 --> 04:31:37.880
 Okay.

04:31:37.880 --> 04:31:38.880
 We agree with you.

04:31:38.880 --> 04:31:40.800
 Our engineering group looks at TechStock's warrants for that.

04:31:40.800 --> 04:31:46.360
 They work hand in hand about what those warrants are.

04:31:46.360 --> 04:31:50.200
 In my discussions with them, it just wasn't there until the commercial piece was developed.

04:31:50.200 --> 04:31:55.840
 Is there a chance that the trip generation and the TIA will come back different?

04:31:55.840 --> 04:32:02.480
 That trip generation is based upon those industry standards defined by the ITE manual.

04:32:02.480 --> 04:32:10.640
 I don't anticipate those numbers changing because it's a manual published.

04:32:10.640 --> 04:32:15.440
 It's used by all engineers as their established baseline for those uses.

04:32:15.440 --> 04:32:18.560
 I don't anticipate those trips changing.

04:32:18.560 --> 04:32:19.560
 Okay.

04:32:19.560 --> 04:32:21.880
 If I can ask Richard to speak into that.

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,

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

04:32:33.520 --> 04:32:35.360
 on that segment of the right of way.

04:32:35.360 --> 04:32:42.840
 I think once this development, by the time it actually is built and is open, hopefully

04:32:42.840 --> 04:32:47.540
 Teasley will be done within the next two years.

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

04:32:52.560 --> 04:32:53.560
 Teasley.

04:32:53.560 --> 04:33:02.440
 Again, in terms of width, think of 2499, six lane divided.

04:33:02.440 --> 04:33:03.440
 Thank you.

04:33:03.440 --> 04:33:04.440
 Commissioner Beck.

04:33:04.440 --> 04:33:05.440
 Thank you, Chair.

04:33:05.440 --> 04:33:06.440
 Thank you, Julie.

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

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,

04:33:20.760 --> 04:33:24.880
 would I be able to see the tops of those roofs, do you know?

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

04:33:36.040 --> 04:33:42.960
 that we had with the applicant a lot.

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

04:33:52.240 --> 04:33:58.480
 critical component because we wanted to make sure that there was buffering.

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

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

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

04:34:13.280 --> 04:34:14.280
 area.

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

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

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

04:34:31.240 --> 04:34:33.760
 he can address it when it comes down.

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

04:34:39.240 --> 04:34:41.880
 tonight, for handling the bulk of the presentations.

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.

04:34:47.680 --> 04:34:48.680
 Thanks so much.

04:34:48.680 --> 04:34:51.920
 So, Julie, I have two questions.

04:34:51.920 --> 04:34:56.600
 The first is maybe a more pointed question of Commissioner Smith's.

04:34:56.600 --> 04:35:01.960
 Has the city ever been able to overturn state warrants for a light to be issued?

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

04:35:10.240 --> 04:35:18.320
 they do work in conjunction to make sure our roadways function well and that are safe.

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

04:35:23.880 --> 04:35:33.960
 department will definitely be presenting that information to TextDOT to ensure that those

04:35:33.960 --> 04:35:37.600
 residents are considered in those decisions.

04:35:37.600 --> 04:35:38.600
 Perfect.

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

04:35:42.280 --> 04:35:50.160
 you had the overlay kind of sketched out, that little dotted line.

04:35:50.160 --> 04:35:51.560
 Oh, that one?

04:35:51.560 --> 04:35:52.560
 Yeah.

04:35:52.560 --> 04:35:56.080
 So, can you go to the next slide in 2014?

04:35:56.080 --> 04:35:58.960
 I'm sorry.

04:35:58.960 --> 04:35:59.960
 Go back to 2008.

04:35:59.960 --> 04:36:02.720
 What was the initial zoning of this, MRMU?

04:36:02.720 --> 04:36:08.800
 In 2014, the request came to simply separate some of the MRMU to NR6, right?

04:36:08.800 --> 04:36:09.800
 Correct.

04:36:09.800 --> 04:36:10.800
 And it just left NRMU.

04:36:10.800 --> 04:36:11.800
 Yes, sir.

04:36:11.800 --> 04:36:17.720
 That was not the subject of that rezoning in 2014, correct?

04:36:17.720 --> 04:36:18.720
 They're breaking off a piece.

04:36:18.720 --> 04:36:19.720
 Correct.

04:36:19.720 --> 04:36:20.720
 They were.

04:36:20.720 --> 04:36:21.720
 And then there's an untouched piece.

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

04:36:29.960 --> 04:36:37.880
 like to me that they probably expanded that prohibition of multifamily dwellings as well

04:36:37.880 --> 04:36:43.880
 as then removed that 50% provision.

04:36:43.880 --> 04:36:48.600
 So the original overlay restriction said no more than 50% of the site could be developed

04:36:48.600 --> 04:36:49.600
 with commercial retail.

04:36:49.600 --> 04:36:53.960
 So they said, no, you could develop this whole area with commercial retail.

04:36:53.960 --> 04:36:57.160
 Which is less than 50% of the initial one.

04:36:57.160 --> 04:36:59.800
 So that was a de facto.

04:36:59.800 --> 04:37:00.800
 They separated it in half.

04:37:00.800 --> 04:37:03.560
 You don't need the half provision anymore.

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

04:37:08.280 --> 04:37:09.280
 this out later.

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

04:37:18.400 --> 04:37:20.240
 might be a strong word.

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.

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

04:37:29.720 --> 04:37:33.520
 extend this overlay over, which was not the intent in 2008.

04:37:33.520 --> 04:37:38.400
 The intent in 2008 was that area west of the creek to be NRMU.

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

04:37:42.120 --> 04:37:45.160
 F and then look at an SUP for item G.

04:37:45.160 --> 04:37:50.920
 Do you have any context of why an overlay was extended when the initial hearing, it

04:37:50.920 --> 04:37:55.800
 seems, was someone came to split NR6 out?

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

04:38:01.760 --> 04:38:04.320
 a different comprehensive plan.

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

04:38:09.720 --> 04:38:14.400
 future land use designation, which was infill compatibility area.

04:38:14.400 --> 04:38:18.880
 So we really didn't have this as one of those centers that we have now.

04:38:18.880 --> 04:38:21.000
 So that was one item.

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.

04:38:29.320 --> 04:38:33.200
 That was their intent at that time, was they wanted all commercial development at this

04:38:33.200 --> 04:38:40.480
 corner and then they broke off that residential portion and made it NR6.

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

04:38:48.040 --> 04:38:53.720
 that commercial should be Teasley fronting, and in 2014, they made the decision that commercial

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

04:38:58.960 --> 04:39:01.600
 just back to Teasley.

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,

04:39:05.080 --> 04:39:11.360
 is to take away, or obviously the SGPs from multifamilies, to remove commercial from being

04:39:11.360 --> 04:39:16.200
 on Ryan Road, in essence.

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

04:39:25.560 --> 04:39:31.160
 appropriate on Teasley, because you do have the frontage and the access and the visibility.

04:39:31.160 --> 04:39:36.000
 In terms of multifamily, multifamily is a really good transitional use between sort

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

04:39:42.160 --> 04:39:43.880
 development backing up to these houses.

04:39:43.880 --> 04:39:49.120
 You have a residential use, albeit a more dense residential use, but a residential use

04:39:49.120 --> 04:39:51.880
 than transitioning and providing that buffer area.

04:39:51.880 --> 04:39:54.080
 That really was a part of our analysis as well.

04:39:54.080 --> 04:40:02.680
 Are you familiar with any property on Ryan Road that is commercial?

04:40:02.680 --> 04:40:05.160
 I am not aware of any property.

04:40:05.160 --> 04:40:06.160
 Okay.

04:40:06.160 --> 04:40:09.600
 Except for the Walmart is right here at this location.

04:40:09.600 --> 04:40:10.600
 Which is a Teasley address.

04:40:10.600 --> 04:40:11.600
 Mm-hmm.

04:40:11.600 --> 04:40:12.600
 Walmart's right there.

04:40:12.600 --> 04:40:13.600
 There's an entrance for that gas station into the ...

04:40:13.600 --> 04:40:14.600
 Yes, sir.

04:40:14.600 --> 04:40:15.600
 Right.

04:40:15.600 --> 04:40:16.600
 Okay.

04:40:16.600 --> 04:40:17.600
 Thank you.

04:40:17.600 --> 04:40:18.600
 Sure.

04:40:18.600 --> 04:40:19.600
 You ... Commissioner Smith.

04:40:19.600 --> 04:40:20.600
 Thank you, Chair.

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

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,

04:40:30.160 --> 04:40:31.160
 I swear.

04:40:31.160 --> 04:40:37.360
 When engineering is looking at those, the TIA and everything else deciding, and a commercial

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,

04:40:43.120 --> 04:40:44.120
 "Okay.

04:40:44.120 --> 04:40:47.880
 Now, this commercial there, is it building is created?

04:40:47.880 --> 04:40:48.880
 There's doors are open.

04:40:48.880 --> 04:40:49.880
 Businesses are there.

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?

04:40:53.520 --> 04:40:57.200
 Is it lots have been bought and the preliminary plan has been submitted?

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

04:41:01.040 --> 04:41:02.040
 is now predicated"?

04:41:02.040 --> 04:41:08.680
 It is my understanding that streetlights don't ... The way TxDOT typically works is that

04:41:08.680 --> 04:41:13.800
 they don't ... They have to meet the warrants before the light could come in.

04:41:13.800 --> 04:41:19.040
 The commercial would have to be in place and generating the traffic before the light would

04:41:19.040 --> 04:41:20.760
 be warranted there.

04:41:20.760 --> 04:41:28.160
 That's my understanding of the way that TxDOT has worked.

04:41:28.160 --> 04:41:32.920
 We can talk to our engineering about how that works.

04:41:32.920 --> 04:41:38.680
 As I said, we are undertaking a traffic study for this whole area.

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

04:41:43.460 --> 04:41:46.920
 city of Denton that have one way in and one way out.

04:41:46.920 --> 04:41:48.640
 How are we addressing that?

04:41:48.640 --> 04:41:56.120
 Especially the getting out of your house in the morning.

04:41:56.120 --> 04:42:01.440
 The traffic study may also yield additional results, but right now that is the information

04:42:01.440 --> 04:42:03.280
 that I've been getting.

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?

04:42:07.680 --> 04:42:10.960
 How much different in results is it needed for engineering to get to the point where

04:42:10.960 --> 04:42:12.440
 a streetlight would be required?

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

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

04:42:22.320 --> 04:42:25.240
 to be there before we start then putting a streetlight in.

04:42:25.240 --> 04:42:27.920
 Same as backwards, but that's just me.

04:42:27.920 --> 04:42:31.440
 My original question, you can write that down, let engineering know, I said they're dumb

04:42:31.440 --> 04:42:40.240
 D-U-M-B, but the original question was the difference between the traffic generation

04:42:40.240 --> 04:42:46.200
 now and the TIA done, how much are we talking about difference here?

04:42:46.200 --> 04:42:48.900
 For the residential component or the commercial department?

04:42:48.900 --> 04:42:49.900
 Residential component.

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

04:42:53.360 --> 04:42:57.680
 seeing as the trip generation right now, how much different are we talking about?

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

04:43:02.120 --> 04:43:03.120
 in trips.

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

04:43:08.640 --> 04:43:09.640
 there?

04:43:09.640 --> 04:43:10.640
 Are we 1,000 away?

04:43:10.640 --> 04:43:11.840
 Are we 7,000 away?

04:43:11.840 --> 04:43:12.840
 I don't have that number.

04:43:12.840 --> 04:43:13.840
 Got it.

04:43:13.840 --> 04:43:14.840
 Sorry.

04:43:14.840 --> 04:43:15.840
 Thanks.

04:43:15.840 --> 04:43:16.840
 Crystal Beck.

04:43:16.840 --> 04:43:17.840
 Thank you, Chair.

04:43:17.840 --> 04:43:21.080
 I almost forgot the question I was going to ask you.

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

04:43:24.920 --> 04:43:34.240
 idea that apartments are inundating us and among other things create problems.

04:43:34.240 --> 04:43:40.800
 Other than the apartments further down TZ land across from Geyer, what's the closest?

04:43:40.800 --> 04:43:44.280
 Within a half mile radius are there apartments?

04:43:44.280 --> 04:43:50.560
 We looked at multi-family developments within the vicinity of the site and the closest ones

04:43:50.560 --> 04:43:54.760
 would be the apartments down off of Geyer or the ones at Unicorn Lake.

04:43:54.760 --> 04:43:55.760
 Unicorn Lake.

04:43:55.760 --> 04:43:56.760
 Okay.

04:43:56.760 --> 04:44:00.680
 There's not a lot of multi-family.

04:44:00.680 --> 04:44:05.760
 There weren't a lot within this specific area.

04:44:05.760 --> 04:44:06.760
 Okay.

04:44:06.760 --> 04:44:07.760
 Thank you.

04:44:07.760 --> 04:44:09.040
 That's all the questions, Julie.

04:44:09.040 --> 04:44:10.040
 Thanks.

04:44:10.040 --> 04:44:11.040
 This is a public hearing.

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

04:44:16.740 --> 04:44:17.740
 here.

04:44:17.740 --> 04:44:25.840
 The first is Thomas Fletcher and Thomas, you and David Marks and Darren Dobbins will all

04:44:25.840 --> 04:44:28.440
 have a combined 20 minutes.

04:44:28.440 --> 04:44:33.880
 I need you to state your name and address for record.

04:44:33.880 --> 04:44:34.880
 Good evening.

04:44:34.880 --> 04:44:36.640
 Thank you, Chairman and Commissioners.

04:44:36.640 --> 04:44:38.440
 My name is Thomas Fletcher with Kinley Horne.

04:44:38.440 --> 04:44:45.400
 I'm the engineer for the applicant, 6160 Warren Parkway, Frisco, Texas, 75034, here

04:44:45.400 --> 04:44:51.560
 as well as David Marks, the potential developer and Darren Dobbins, the architect for the

04:44:51.560 --> 04:44:52.560
 project.

04:44:52.560 --> 04:44:57.520
 I'll be giving the presentation tonight, but the architect and developer here for questions

04:44:57.520 --> 04:45:00.640
 that may be relevant to them.

04:45:00.640 --> 04:45:04.040
 Really the agenda I want to talk about is site history.

04:45:04.040 --> 04:45:08.040
 Commissioner Rosell, a lot of the questions that you are asking about the history of the

04:45:08.040 --> 04:45:10.720
 project, I think I'll be able to touch on.

04:45:10.720 --> 04:45:15.400
 Existing site conditions, the proposed site plan, an overview of Hickory Creek Ranch Apartments,

04:45:15.400 --> 04:45:17.800
 which are the apartments across from Geyer.

04:45:17.800 --> 04:45:20.800
 This is the same developer that did that project.

04:45:20.800 --> 04:45:28.440
 The workforce housing need, kind of the economics of our project for the city, projects schedule,

04:45:28.440 --> 04:45:32.120
 traffic impact analysis and a summary.

04:45:32.120 --> 04:45:37.880
 Really for site history, the Denton West Joint Venture Mobile Home Park was constructed in

04:45:37.880 --> 04:45:39.560
 1970.

04:45:39.560 --> 04:45:44.280
 About 50 years ago when it was developed, it was outside the city limits.

04:45:44.280 --> 04:45:52.200
 At the time, it was approximately 310 mobile home spaces on just over 54 acres.

04:45:52.200 --> 04:45:56.400
 In 1975, the property was annexed into the city.

04:45:56.400 --> 04:46:01.500
 At the time it was annexed, it was placed in the Agricultural Zoning District.

04:46:01.500 --> 04:46:04.840
 It was a nonconforming use to that district.

04:46:04.840 --> 04:46:12.640
 In 2002, the city did an initiated citywide rezoning and at that time the subject tract

04:46:12.640 --> 04:46:15.000
 was placed in NR2 Zoning District.

04:46:15.000 --> 04:46:21.440
 At that time it was still a nonconforming use in the NR2 Zoning District.

04:46:21.440 --> 04:46:27.360
 In 2008, Springbrook Planning Group resumed the property to NRMU and that was ordinance

04:46:27.360 --> 04:46:31.600
 2008-045 with the following conditions.

04:46:31.600 --> 04:46:35.760
 Only 50% of the property could be developed as commercial retail.

04:46:35.760 --> 04:46:42.400
 That would allow approximately 27 acres total for commercial retail and that no multifamily

04:46:42.400 --> 04:46:46.160
 shall be permitted fronting Teasley Lane.

04:46:46.160 --> 04:46:51.600
 Julie showed the exhibit that showed that boundary line which for the most part followed the

04:46:51.600 --> 04:46:52.600
 creek line.

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.

04:46:59.320 --> 04:47:04.400
 For reference with that ordinance, there was a dimension of 960 feet.

04:47:04.400 --> 04:47:09.120
 From the west property boundary over to that line was 960 feet.

04:47:09.120 --> 04:47:11.760
 That was dimensioned on that exhibit.

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

04:47:16.560 --> 04:47:20.320
 was approximately 34.7 acres.

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

04:47:27.320 --> 04:47:34.400
 that time essentially approved the development or the opportunity for development of just

04:47:34.400 --> 04:47:37.600
 over a thousand multifamily units.

04:47:37.600 --> 04:47:39.960
 So I think that's important.

04:47:39.960 --> 04:47:46.680
 In 2014, Bob Shelton Enterprises put the portion of the property under contract that was developed

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

04:47:53.720 --> 04:48:00.000
 NRMU, and that was approved as ordinance 2014-075.

04:48:00.000 --> 04:48:04.680
 In order to gain the staff support, certain conditions were placed on that.

04:48:04.680 --> 04:48:09.720
 The tract A has been developed under those conditions and the tract B conditions for

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

04:48:16.720 --> 04:48:19.440
 developed as commercial retail.

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

04:48:25.160 --> 04:48:26.160
 residential.

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

04:48:31.120 --> 04:48:37.520
 city during that process, provided the presentation to PNZ and council for that zoning project.

04:48:37.520 --> 04:48:43.040
 So originally we were going to submit just the zoning for the NR6 portion.

04:48:43.040 --> 04:48:48.600
 Because there was the overlay condition, what the city staff stated is that if they approved

04:48:48.600 --> 04:48:54.000
 the NR6, there was still the condition on the remainder and because the remainder was

04:48:54.000 --> 04:49:01.000
 being reduced by roughly half, then only half of the remainder could be developed as commercial.

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

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.

04:49:11.200 --> 04:49:13.440
 So they asked us to do the whole tract.

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

04:49:17.560 --> 04:49:22.680
 as a commercial site and not do any multifamily.

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

04:49:30.040 --> 04:49:32.600
 designation from the tract.

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

04:49:39.600 --> 04:49:43.280
 at the time, their request to the applicant.

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

04:49:49.960 --> 04:49:56.480
 could go there, along with a fueling station, some strip center retail, and then a couple

04:49:56.480 --> 04:49:59.080
 of restaurant pads.

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.

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

04:50:08.780 --> 04:50:14.360
 with them and included where that new lift station would go in this development plan

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

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

04:50:25.560 --> 04:50:26.560
 development.

04:50:26.560 --> 04:50:30.720
 So that kind of gives you a little bit of background of where that zoning condition

04:50:30.720 --> 04:50:34.240
 and overlay kind of came in.

04:50:34.240 --> 04:50:40.880
 Act B has been marketed heavily since 2014 zoning ordinance, with the neighborhood Walmart

04:50:40.880 --> 04:50:45.680
 adjacent to us, Kroger down the street, Sprouts coming in at a different location, there really

04:50:45.680 --> 04:50:51.700
 is just not the opportunity for a grocer or big box retail in this area.

04:50:51.700 --> 04:50:58.040
 So after kind of exhausting those options, we really looked at what makes the most sense

04:50:58.040 --> 04:51:03.280
 as far as the Denton 2030 plan, what is the natural transition between commercial retail

04:51:03.280 --> 04:51:07.800
 and the existing residential, and that's why we brought before you the case for the

04:51:07.800 --> 04:51:09.440
 zoning tonight.

04:51:09.440 --> 04:51:12.640
 So this is a couple of pictures that shows the site history.

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

04:51:18.720 --> 04:51:20.740
 in West Joint Venture.

04:51:20.740 --> 04:51:27.240
 There was 300, it's a highly dense development, just over six units per acre.

04:51:27.240 --> 04:51:30.000
 Development was right adjacent to the creek.

04:51:30.000 --> 04:51:34.160
 There's a lot of utilities and crossings and other things going through the creek.

04:51:34.160 --> 04:51:38.200
 And then the aerial on the lower right is what it looks like today.

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

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

04:51:49.620 --> 04:51:50.960
 home park.

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

04:51:56.340 --> 04:52:02.760
 what the Denton West Joint Venture tract, there's about 128 residential homes.

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

04:52:10.960 --> 04:52:17.520
 units between the two projects combined, and that's compared to what was the potential

04:52:17.520 --> 04:52:19.880
 of over 1,000 multi-family units.

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

04:52:26.080 --> 04:52:30.720
 less than what was approved by Council or what was approved by Zoning and the Council

04:52:30.720 --> 04:52:33.800
 in 2008.

04:52:33.800 --> 04:52:38.920
 Existing site conditions, that just shows the area that is under consideration for zoning

04:52:38.920 --> 04:52:40.400
 tonight.

04:52:40.400 --> 04:52:44.200
 Here's some pictures of the existing conditions.

04:52:44.200 --> 04:52:48.000
 In the lower right, you see the mobile home park.

04:52:48.000 --> 04:52:51.520
 Because it's no longer in use, it's deteriorating.

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.

04:52:57.960 --> 04:53:00.800
 The remaining facilities are in disrepair.

04:53:00.800 --> 04:53:05.120
 You've got an abandoned utility cabinet that's in the upper picture.

04:53:05.120 --> 04:53:07.520
 You've got the old clubhouse in the lower picture.

04:53:07.520 --> 04:53:14.700
 There has been instances where you've had vagrants or homeless that have been utilizing

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

04:53:19.400 --> 04:53:20.400
 that issue.

04:53:20.400 --> 04:53:26.400
 However, with this development, all of this existing infrastructure will be cleaned up

04:53:26.400 --> 04:53:28.240
 with the development.

04:53:28.240 --> 04:53:33.080
 All the utilities that are currently crossing the creek, there's gas lines, there's communication

04:53:33.080 --> 04:53:37.560
 lines, there's water and sewer lines, all those would be removed and the creek would

04:53:37.560 --> 04:53:40.740
 be restored.

04:53:40.740 --> 04:53:45.680
 So back on January 3rd of this year, we had our first neighborhood meeting.

04:53:45.680 --> 04:53:50.120
 The exhibit that you see before you was our initial site plan.

04:53:50.120 --> 04:53:55.760
 This initial site plan had 225 units and 304 bedrooms.

04:53:55.760 --> 04:54:02.480
 The buildings closest to the residential property line were within 71 feet, 11 inches, so just

04:54:02.480 --> 04:54:04.400
 under 72 feet.

04:54:04.400 --> 04:54:09.120
 When we had met with the city previously, they had provided the minimum setback, and

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

04:54:13.920 --> 04:54:19.080
 those buildings further away, and then after meeting with the citizens and listening to

04:54:19.080 --> 04:54:23.520
 their concerns, we took it a step further and moved them even further away.

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

04:54:28.680 --> 04:54:33.680
 initial neighborhood meeting, we increased our tree planning to provide more living screen

04:54:33.680 --> 04:54:41.680
 in addition to that masonry buffer that's going to be provided along that boundary.

04:54:41.680 --> 04:54:48.600
 We talked about allowable uses that may not provide as much tree preservation, may not

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

04:54:55.400 --> 04:54:57.200
 site.

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

04:55:03.240 --> 04:55:09.740
 of a million dollar cleanup project, so it is a substantial cost to the development in

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

04:55:15.120 --> 04:55:17.420
 ready for development.

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

04:55:23.760 --> 04:55:25.600
 part of our second neighborhood meeting.

04:55:25.600 --> 04:55:29.960
 I'll also mention at our initial neighborhood meeting, we had 53 people that signed our

04:55:29.960 --> 04:55:30.960
 sign-in sheet.

04:55:30.960 --> 04:55:34.440
 It felt like we probably had 60 to 65 people there.

04:55:34.440 --> 04:55:38.080
 At the second neighborhood meeting, we only had five in attendance.

04:55:38.080 --> 04:55:42.000
 We did hold the neighborhood meeting at the Hickory Creek Ranch apartments just down the

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.

04:55:47.000 --> 04:55:51.020
 With our second neighborhood meeting, we changed our layout.

04:55:51.020 --> 04:55:55.280
 We reduced the unit count to 214 units.

04:55:55.280 --> 04:55:59.080
 We reduced the bedroom count to 282 bedrooms.

04:55:59.080 --> 04:56:06.360
 This is 4.9% less units and 7.2% less bedrooms than the original plan.

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.

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

04:56:20.760 --> 04:56:22.560
 from the property line.

04:56:22.560 --> 04:56:27.920
 The nearest dumpster is 123 foot away, so we moved the dumpsters as well.

04:56:27.920 --> 04:56:30.760
 We increased our open space and our tree preservation.

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

04:56:36.940 --> 04:56:39.160
 with the zoning.

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.

04:56:47.160 --> 04:56:54.160
 We've laid the development out in a manner that promotes preservation, open space, and

04:56:54.160 --> 04:56:58.280
 good environmental design.

04:56:58.280 --> 04:57:04.120
 Just another close-up, it shows the site plan, the trees, the proposed trees.

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.

04:57:09.120 --> 04:57:15.600
 Along with the trees that are being preserved that are existing up in the northwest.

04:57:15.600 --> 04:57:21.040
 Then the tree preservation under the new code, when you take into account the mitigation

04:57:21.040 --> 04:57:29.320
 credit, our preservation inches are about four times what that mitigation requirement

04:57:29.320 --> 04:57:30.560
 would have been.

04:57:30.560 --> 04:57:35.800
 Significant user amenities, we have clubhouse and resort-style pool, outdoor grills, fitness

04:57:35.800 --> 04:57:41.160
 room, community spaces, dog park, bike racks, electric car charging station.

04:57:41.160 --> 04:57:45.000
 It's a well-adminitized development.

04:57:45.000 --> 04:57:50.920
 The proposed elevation, contemporary in design with architectural lines, diversity of high-quality

04:57:50.920 --> 04:57:54.760
 materials and contrasting earth tones.

04:57:54.760 --> 04:57:57.160
 Here's some pictures of Hickory Creek Ranch.

04:57:57.160 --> 04:58:01.700
 I just wanted to go through and show you what the development would look like.

04:58:01.700 --> 04:58:07.040
 When Hickory Creek Ranch was developed, this is a project that's in the county.

04:58:07.040 --> 04:58:13.440
 There's not as stringent building codes, but the developer, Marksman Realty, because he

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

04:58:20.040 --> 04:58:24.800
 management company, he wanted to make sure that he was building a project that was going

04:58:24.800 --> 04:58:25.800
 to last.

04:58:25.800 --> 04:58:31.920
 You can see within the picture the quality of the materials, the different materials,

04:58:31.920 --> 04:58:35.960
 the different contrasting tones.

04:58:35.960 --> 04:58:41.320
 Here's the outdoor area, the clubhouse, and you've got outdoor cabanas and pavilions.

04:58:41.320 --> 04:58:46.120
 You have the outdoor resort-style swimming pool.

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

04:58:51.400 --> 04:58:56.240
 seeing all the AC condenser units on the ground.

04:58:56.240 --> 04:59:01.480
 That's another benefit to the development, the proposed development.

04:59:01.480 --> 04:59:05.320
 The gated dog park with dog waste stations.

04:59:05.320 --> 04:59:09.720
 There's available garage parking and there's available carport parking, so the residents

04:59:09.720 --> 04:59:15.120
 have that opportunity to utilize that resource there.

04:59:15.120 --> 04:59:17.840
 The interior, it's high-quality materials as well.

04:59:17.840 --> 04:59:23.520
 You can see there's stone columns, there's exposed beams, there's high-quality floors,

04:59:23.520 --> 04:59:29.000
 there's gathering areas, there's a kitchen area, fitness center.

04:59:29.000 --> 04:59:31.480
 You've got fireplace and seating areas.

04:59:31.480 --> 04:59:36.120
 You've got the community kitchen and serving area, so the residents have the ability to

04:59:36.120 --> 04:59:40.120
 reserve these spaces and utilize them for events.

04:59:40.120 --> 04:59:43.560
 The interiors are well-appointed.

04:59:43.560 --> 04:59:46.840
 All the kitchens and bathrooms have granite countertops.

04:59:46.840 --> 04:59:49.080
 There's French doors to the balconies.

04:59:49.080 --> 04:59:51.360
 They have stainless steel appliances.

04:59:51.360 --> 04:59:59.520
 They have high-end flooring and all units have connections to full-size washer and dryer.

04:59:59.520 --> 05:00:02.800
 The next slide is workforce housing need.

05:00:02.800 --> 05:00:09.080
 Really the demand, there is a significant demand in this area of Denton.

05:00:09.080 --> 05:00:14.640
 What David has found with the Hickory Creek Ranch Apartments is that it leased up much

05:00:14.640 --> 05:00:17.720
 faster than what they anticipated.

05:00:17.720 --> 05:00:22.260
 The other thing that they found is that the one-bedroom apartments are what is highest

05:00:22.260 --> 05:00:25.120
 in demand.

05:00:25.120 --> 05:00:27.800
 Home builders don't build one-bedroom homes.

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

05:00:33.240 --> 05:00:38.420
 need for a one-bedroom apartment, that just isn't out there and readily available.

05:00:38.420 --> 05:00:43.440
 With our development, what we're proposing is 71% one-bedroom.

05:00:43.440 --> 05:00:48.800
 With the Hickory Creek Ranch, it had 64% one-bedroom.

05:00:48.800 --> 05:00:53.720
 With one-bedroom units replacing more two- and three-bedroom units, it means an overall

05:00:53.720 --> 05:00:58.200
 reduction on the property population compared to other multifamily developments that may

05:00:58.200 --> 05:01:01.200
 have a different percentage.

05:01:01.200 --> 05:01:05.760
 As far as the development standards or the leasing requirements within Hunter's Creek

05:01:05.760 --> 05:01:10.720
 Ranch Apartments, there is no maximum income restriction.

05:01:10.720 --> 05:01:17.760
 Hunter Creek Apartments is not a rent-subsidized property, and there is no low-income restrictions

05:01:17.760 --> 05:01:19.080
 or requirements.

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

05:01:23.360 --> 05:01:31.680
 8 housing, and was this development going to bring crime and that type of situation,

05:01:31.680 --> 05:01:32.680
 and that's not.

05:01:32.680 --> 05:01:35.640
 It's a market rate development.

05:01:35.640 --> 05:01:38.280
 The management verifies income.

05:01:38.280 --> 05:01:41.920
 The income has to meet three times the rent.

05:01:41.920 --> 05:01:44.960
 They also do mandatory background checks.

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

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

05:01:56.560 --> 05:01:58.200
 as well.

05:01:58.200 --> 05:02:03.840
 For Hickory Creek Ranch, the average household income is just over $66,000, and the average

05:02:03.840 --> 05:02:09.520
 monthly rent is just under $1,300.

05:02:09.520 --> 05:02:10.520
 Economics of the project.

05:02:10.520 --> 05:02:13.800
 A project of this size that's going to create this value for the city.

05:02:13.800 --> 05:02:18.080
 There's a lot of different things that provide benefit to the city.

05:02:18.080 --> 05:02:23.720
 Approximate economic impacts for the upfront developments, estimated to be just over a

05:02:23.720 --> 05:02:25.120
 million dollars.

05:02:25.120 --> 05:02:28.520
 There's about $385,000 in water impact fees.

05:02:28.520 --> 05:02:32.000
 There's about $210,000 in sewer impact fees.

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

05:02:38.880 --> 05:02:43.240
 value, and roughly $40,000 from the park development fees.

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

05:02:50.440 --> 05:02:53.940
 and ISD taxes of about $385,000.

05:02:53.940 --> 05:03:01.460
 As that value increases, so does that tax revenue for both the city and the DISD.

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

05:03:07.280 --> 05:03:08.340
 the schools.

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

05:03:12.960 --> 05:03:18.240
 to them, and we found out they provided their ratios for a market rate development.

05:03:18.240 --> 05:03:20.560
 That was one of the first questions they asked us.

05:03:20.560 --> 05:03:21.560
 Is it market rate?

05:03:21.560 --> 05:03:22.960
 Is it subsidized?

05:03:22.960 --> 05:03:24.760
 Because that affects the ratios.

05:03:24.760 --> 05:03:28.360
 But our development would generate roughly 50 students.

05:03:28.360 --> 05:03:33.400
 That would be distributed roughly 26 to the elementary, 11 to middle school, and 13 to

05:03:33.400 --> 05:03:34.520
 the high school.

05:03:34.520 --> 05:03:42.040
 If this had been a subsidized project, that would have generated roughly 122 students.

05:03:42.040 --> 05:03:46.800
 So you can see the difference there in the two types of projects.

05:03:46.800 --> 05:03:47.800
 Roadway improvements.

05:03:47.800 --> 05:03:50.480
 Teasley is currently under construction.

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

05:03:54.280 --> 05:03:55.880
 kind of on hold.

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

05:03:59.340 --> 05:04:02.400
 resolved so that that can get back under construction.

05:04:02.400 --> 05:04:06.560
 Hunters Creek Road, which would be designed and constructed as a collector, that would

05:04:06.560 --> 05:04:08.000
 be by the developer.

05:04:08.000 --> 05:04:14.280
 So the development would provide that construction of that roadway and the connection to Teasley.

05:04:14.280 --> 05:04:19.080
 And we have already coordinated with the TechStot engineer for that connection.

05:04:19.080 --> 05:04:23.920
 So once that project gets going again, there's been conversations on how to make that.

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,

05:04:28.440 --> 05:04:30.680
 we're working with them to make that adjustment.

05:04:30.680 --> 05:04:36.000
 Ryan Road improvements, four-lane arterial to be included with the bond application in

05:04:36.000 --> 05:04:37.060
 the fall.

05:04:37.060 --> 05:04:38.280
 That's underway.

05:04:38.280 --> 05:04:43.280
 And then the multifamily project is expected to be constructed about 90% occupied after

05:04:43.280 --> 05:04:45.680
 all these roadway improvements are done.

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

05:04:53.160 --> 05:05:00.720
 we have the leasing period before it will fully impact that roadway system.

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.

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

05:05:10.360 --> 05:05:15.640
 Hunters Creek is the collector section with two lanes out, one lane in.

05:05:15.640 --> 05:05:22.040
 So the ultimate conditions that will be in place when this development is fully leased

05:05:22.040 --> 05:05:27.840
 would support the development, and as Julie mentioned, the multifamily development actually

05:05:27.840 --> 05:05:34.040
 generates less traffic than what the commercial, a commercial development would generate.

05:05:34.040 --> 05:05:38.760
 Here's the section that you had asked about as far as the sight lines.

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.

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.

05:05:48.320 --> 05:05:52.400
 We're talking about a little over two feet higher than my height.

05:05:52.400 --> 05:05:57.740
 So I mean that's a pretty large wall with the trees that will be planted.

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

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

05:06:08.920 --> 05:06:12.600
 someone's looking out their backyard.

05:06:12.600 --> 05:06:14.280
 And then just a quick summary.

05:06:14.280 --> 05:06:18.880
 It's compatible with the neighborhood retail mixed use, provides the transition between

05:06:18.880 --> 05:06:21.200
 the commercial and the residential.

05:06:21.200 --> 05:06:26.320
 The site plan is done in a manner that exceeds the city's criteria.

05:06:26.320 --> 05:06:31.960
 It creates a positive environmental impact by restoring the creek, preserving trees,

05:06:31.960 --> 05:06:36.440
 providing additional open space, and then it redevelops the remnants of that mobile

05:06:36.440 --> 05:06:41.880
 home park, and it provides the much-needed workforce housing that the city of Denton

05:06:41.880 --> 05:06:43.760
 needs in this area.

05:06:43.760 --> 05:06:47.280
 And with that, I appreciate your time and will be glad to answer any questions.

05:06:47.280 --> 05:06:50.320
 It looks like we have one, Mr. Smith.

05:06:50.320 --> 05:06:52.600
 Thank you, Chair.

05:06:52.600 --> 05:06:58.120
 About how long, what's the length of time to develop this actual site itself?

05:06:58.120 --> 05:07:02.900
 So it's the construction itself, generally for this number of units and buildings is

05:07:02.900 --> 05:07:07.000
 typically 18 to 24 months, so you're talking about it.

05:07:07.000 --> 05:07:09.880
 The longest 24 months until it's occupied.

05:07:09.880 --> 05:07:14.520
 Well, when you talk about, so there's really three steps that we go through.

05:07:14.520 --> 05:07:19.360
 The first step is the construction plan, design approval, and the financing.

05:07:19.360 --> 05:07:21.560
 That in itself will take about 10 to 12 months.

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.

05:07:27.080 --> 05:07:31.960
 The construction of the project itself will take about 18 to 24 months.

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.

05:07:36.280 --> 05:07:42.000
 And then the leasing, what they've estimated is about 15 to 16 units per month.

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.

05:07:48.460 --> 05:07:49.460
 So if we're...

05:07:49.460 --> 05:07:50.460
 So you're talking four years to...

05:07:50.460 --> 05:07:55.800
 We're talking about four years before all the units are leased up.

05:07:55.800 --> 05:07:56.800
 Great.

05:07:56.800 --> 05:07:57.800
 Thanks.

05:07:57.800 --> 05:07:59.200
 I don't see any other questions.

05:07:59.200 --> 05:08:00.200
 Thank you.

05:08:00.200 --> 05:08:03.200
 Thank you.

05:08:03.200 --> 05:08:04.200
 This is a public hearing.

05:08:04.200 --> 05:08:06.280
 Anyone wishing to speak may certainly do so.

05:08:06.280 --> 05:08:07.760
 We do have a couple of cards.

05:08:07.760 --> 05:08:19.460
 The first one will be Monica Miller, followed by Chris Hill.

05:08:19.460 --> 05:08:21.480
 So Chris is going to come first and then Monica.

05:08:21.480 --> 05:08:22.480
 Yeah.

05:08:22.480 --> 05:08:23.480
 Perfect.

05:08:23.480 --> 05:08:27.520
 If you could just state your name and address for the record.

05:08:27.520 --> 05:08:30.020
 Chris Hill, 4013 Jenicker.

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

05:08:37.080 --> 05:08:39.760
 up to my backyard.

05:08:39.760 --> 05:08:46.560
 And Kathy, just so, since we're double agenda, let's do six minutes.

05:08:46.560 --> 05:08:47.560
 Okay.

05:08:47.560 --> 05:08:52.800
 Basically, the bottom of that little backwards seat is my backyard.

05:08:52.800 --> 05:08:53.800
 Okay.

05:08:53.800 --> 05:09:02.360
 That's 50 feet high, I don't care what size wall you put there.

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.

05:09:08.760 --> 05:09:13.080
 This is, you know, we moved in here thinking this is a green belt.

05:09:13.080 --> 05:09:17.920
 This is NRMU, all they can do is commercial, they can't do anything with this.

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

05:09:24.360 --> 05:09:26.160
 let this happen.

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

05:09:31.920 --> 05:09:38.880
 comes with apartments, apartment management changes like socks, it just doesn't work.

05:09:38.880 --> 05:09:42.960
 And I moved out here to a somewhat rural area.

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

05:09:50.960 --> 05:09:57.560
 away from Louisville, and that's what we're becoming if we put apartments up.

05:09:57.560 --> 05:09:59.680
 Thank you very much, Commissioner.

05:09:59.680 --> 05:10:00.680
 Yeah, thank you.

05:10:00.680 --> 05:10:02.720
 Chris, can I ask you a quick question, Mr. Hill?

05:10:02.720 --> 05:10:03.720
 Yes, please.

05:10:03.720 --> 05:10:07.840
 Just for clarification, are you saying you'd prefer a grocery store?

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.

05:10:12.240 --> 05:10:13.240
 The height is the...

05:10:13.240 --> 05:10:14.240
 Yeah.

05:10:14.240 --> 05:10:15.240
 It looks into my backyard.

05:10:15.240 --> 05:10:16.240
 Okay.

05:10:16.240 --> 05:10:17.240
 Yeah, I'd prefer another Walmart.

05:10:17.240 --> 05:10:18.240
 Gotcha.

05:10:18.240 --> 05:10:19.240
 I appreciate that clarification.

05:10:19.240 --> 05:10:20.240
 Thank you.

05:10:20.240 --> 05:10:23.480
 Yes, sir.

05:10:23.480 --> 05:10:28.120
 Next is Monica Miller, and then that will be followed by Richard Anson, if I pronounced

05:10:28.120 --> 05:10:29.120
 that right.

05:10:29.120 --> 05:10:46.720
 Perfectly fine.

05:10:46.720 --> 05:10:47.720
 My name is Monica Miller.

05:10:47.720 --> 05:10:51.560
 I live at 4017 Jennerker Drive.

05:10:51.560 --> 05:10:52.560
 We will also...

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

05:10:58.240 --> 05:10:59.240
 would be.

05:10:59.240 --> 05:11:01.120
 I'd like to speak to you as a mother.

05:11:01.120 --> 05:11:03.520
 I'd like to speak to your heart.

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

05:11:11.480 --> 05:11:12.480
 fragile daughter.

05:11:12.480 --> 05:11:14.720
 She's completely dependent.

05:11:14.720 --> 05:11:16.480
 She cannot sit, walk, or talk.

05:11:16.480 --> 05:11:17.480
 She has a trachea.

05:11:17.480 --> 05:11:20.080
 She has a feeding tube.

05:11:20.080 --> 05:11:23.360
 She has a generalized seizure disorder.

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

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

05:11:33.620 --> 05:11:35.920
 and other things that she needs.

05:11:35.920 --> 05:11:39.360
 Number two, it's quiet.

05:11:39.360 --> 05:11:45.240
 A lot of noise and things like that trigger seizures for my daughter.

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

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.

05:11:55.800 --> 05:12:02.720
 We can't do a lot of coming and going because of all of her needs.

05:12:02.720 --> 05:12:07.720
 I would like to show you a picture of my daughter, just so you can know.

05:12:07.720 --> 05:12:13.720
 My daughter's in her bag enjoying her... her big baby one.

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

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

05:12:23.480 --> 05:12:24.480
 you.

05:12:24.480 --> 05:12:25.480
 I don't know how to do all this.

05:12:25.480 --> 05:12:26.480
 Just set it right there in the center.

05:12:26.480 --> 05:12:27.480
 Right there?

05:12:27.480 --> 05:12:30.480
 Can you tap the screen?

05:12:30.480 --> 05:12:31.480
 Is it sleeping?

05:12:31.480 --> 05:12:32.480
 There you go.

05:12:32.480 --> 05:12:33.480
 Well, I don't know if you can...

05:12:33.480 --> 05:12:34.480
 No, we'll...

05:12:34.480 --> 05:12:35.480
 That's better.

05:12:35.480 --> 05:12:36.480
 We'll fix it.

05:12:36.480 --> 05:12:37.480
 Okay.

05:12:37.480 --> 05:12:38.480
 Anyway, this is my Kaylee.

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.

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

05:12:45.960 --> 05:12:56.340
 of nature and just the thought of having apartment buildings right in our backyard, really.

05:12:56.340 --> 05:13:00.200
 I feel like it's an invasion of our privacy to have people...

05:13:00.200 --> 05:13:01.200
 I don't care.

05:13:01.200 --> 05:13:02.920
 I know you're going to be able to see in.

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

05:13:10.200 --> 05:13:15.120
 construction, all the construction that's going to go on, there goes all that piece.

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.

05:13:20.480 --> 05:13:23.800
 That peace and quiet is what's a big thing in our world.

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.

05:13:29.600 --> 05:13:31.920
 They have their personal reasons.

05:13:31.920 --> 05:13:32.920
 It took quite a while.

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

05:13:38.240 --> 05:13:39.240
 we buy a home.

05:13:39.240 --> 05:13:42.400
 We can't just move into an apartment while we get a place ready for her.

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.

05:13:48.920 --> 05:13:50.720
 It took a lot of time.

05:13:50.720 --> 05:13:52.000
 This home fit our need.

05:13:52.000 --> 05:13:56.560
 We were able to plumb a medical tub into her room.

05:13:56.560 --> 05:14:02.120
 We were able to meet...

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

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

05:14:10.160 --> 05:14:11.840
 life.

05:14:11.840 --> 05:14:15.040
 I would just ask that you would consider these things.

05:14:15.040 --> 05:14:19.280
 Look at it from your heart.

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

05:14:25.640 --> 05:14:28.920
 a big part of my world.

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

05:14:34.600 --> 05:14:35.600
 we'd like to keep our privacy.

05:14:35.600 --> 05:14:36.600
 I guess that's about it.

05:14:36.600 --> 05:14:37.600
 Thank you.

05:14:37.600 --> 05:14:42.040
 Well, I appreciate you coming and staying up late and being here to give that testimony.

05:14:42.040 --> 05:14:43.040
 Thank you.

05:14:43.040 --> 05:14:44.040
 Yeah, I do have to be up all night.

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.

05:14:48.720 --> 05:14:53.560
 I'm up overnight with my child, so she is 24-hour care.

05:14:53.560 --> 05:14:54.560
 That is another thing.

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,

05:15:00.520 --> 05:15:05.240
 whatever, I don't think everybody's going to come in to their apartment building off

05:15:05.240 --> 05:15:06.240
 of Teasley.

05:15:06.240 --> 05:15:07.720
 They're going to have to utilize all the entrances.

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

05:15:12.440 --> 05:15:13.440
 in front of my home.

05:15:13.440 --> 05:15:17.920
 I believe it's going to bring a lot of traffic into our area.

05:15:17.920 --> 05:15:18.920
 That's another thing.

05:15:18.920 --> 05:15:23.640
 When you go on walks, you've got to deal with all this traffic coming through.

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

05:15:28.360 --> 05:15:29.360
 and crime.

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

05:15:34.160 --> 05:15:35.160
 be.

05:15:35.160 --> 05:15:36.160
 I don't know.

05:15:36.160 --> 05:15:39.120
 It's always a part of the picture.

05:15:39.120 --> 05:15:40.120
 So thank you.

05:15:40.120 --> 05:15:41.120
 Thank you.

05:15:41.120 --> 05:15:56.280
 So, Mr. Hill, we typically don't allow for repeat, but we can go ahead and ...

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

05:16:07.160 --> 05:16:13.240
 close enough, within 200 feet of where we're seeking these apartments.

05:16:13.240 --> 05:16:14.480
 You submitted those to the city?

05:16:14.480 --> 05:16:18.400
 I submitted them to the fax member that Julie sent out the letter.

05:16:18.400 --> 05:16:19.400
 Okay.

05:16:19.400 --> 05:16:24.760
 They're probably in the stack of papers we have.

05:16:24.760 --> 05:16:25.760
 Okay.

05:16:25.760 --> 05:16:27.680
 So the next one we have is Richard Anson.

05:16:27.680 --> 05:16:28.680
 Yes.

05:16:28.680 --> 05:16:29.680
 I'm sorry.

05:16:29.680 --> 05:16:32.440
 Then it'll be Nathan Tune.

05:16:32.440 --> 05:16:41.200
 I'm Richard Anson, 3809 Genaker, and I was told that there were 74 certified letters

05:16:41.200 --> 05:16:48.240
 sent out, and if her numbers are correct, 44, 45 came back.

05:16:48.240 --> 05:16:53.840
 Her numbers, percentages are all wrong, so there's something really haywire in the counting.

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

05:17:03.560 --> 05:17:07.480
 backup on the corner of Ryan and Teasley.

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

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

05:17:22.760 --> 05:17:28.920
 Ryan until they can get through that, traffic is at a standstill.

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

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.

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

05:17:48.400 --> 05:18:01.600
 every day, turn off and get on Hunter's Creek.

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

05:18:08.040 --> 05:18:11.680
 there that has to be replaced.

05:18:11.680 --> 05:18:17.680
 I haven't heard anybody talking about that little bridge over the creek.

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

05:18:27.040 --> 05:18:28.660
 out what's going to happen on this thing.

05:18:28.660 --> 05:18:35.200
 So I really question the validity of putting this big apartment complex in this area right

05:18:35.200 --> 05:18:36.200
 now.

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,

05:18:42.840 --> 05:18:48.200
 it backs up at Ryan, it actually floods that lower portion where some of his apartments

05:18:48.200 --> 05:18:49.200
 are.

05:18:49.200 --> 05:18:56.680
 Now, in your working session, Julie said that there was no plan to work on that.

05:18:56.680 --> 05:19:01.640
 The vendor has said he's going to totally redo it both sides of the creek.

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

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

05:19:12.360 --> 05:19:14.720
 to take care of all that.

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

05:19:26.960 --> 05:19:34.000
 down into the backyards, his diagram showed that people can see there in the winter when

05:19:34.000 --> 05:19:38.080
 all the trees drop their leaves, every house is exposed.

05:19:38.080 --> 05:19:45.160
 So that becomes a non-point on all the, we can't see the backyards.

05:19:45.160 --> 05:19:46.160
 Okay.

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

05:19:53.000 --> 05:19:54.560
 on this.

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

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

05:20:06.680 --> 05:20:10.080
 like that light at Ryan and Teasley.

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

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

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

05:20:29.400 --> 05:20:31.440
 there's always going to be an accident.

05:20:31.440 --> 05:20:35.440
 That is a terrible intersection.

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

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

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.

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

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,

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

05:21:24.600 --> 05:21:32.560
 out of that area, except for about 10 o'clock, and that's the only time.

05:21:32.560 --> 05:21:39.920
 It backs up every day, and that's all I have.

05:21:39.920 --> 05:21:40.920
 Thank you.

05:21:40.920 --> 05:21:41.920
 Thank you.

05:21:41.920 --> 05:21:52.620
 Next, we have Nathan Toon, followed by Chuck Bago.

05:21:52.620 --> 05:21:57.640
 Nathan Toon, 3717 Merrimack Drive, Denton, Texas.

05:21:57.640 --> 05:22:01.240
 This project is actually right around the corner from my house.

05:22:01.240 --> 05:22:09.280
 I can sympathize with some of the comments regarding traffic, however, just like a lot

05:22:09.280 --> 05:22:15.920
 of roads here in Denton, Teasley is under construction, has been for a while, and probably

05:22:15.920 --> 05:22:20.640
 will be for the foreseeable future.

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

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

05:22:34.480 --> 05:22:37.200
 to get redeveloped.

05:22:37.200 --> 05:22:42.560
 As Mr. Fletcher said, there's utilities running all throughout this property, there's concrete

05:22:42.560 --> 05:22:51.480
 that's deteriorating, there's clubhouses, which the cops do get called as a result of

05:22:51.480 --> 05:22:57.520
 homeless people doing things and inhabiting structures that are on the property.

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

05:23:07.520 --> 05:23:13.640
 the neighborhood of Teasley Trails has three other alternative routes that they can go

05:23:13.640 --> 05:23:16.160
 in and out of the neighborhood.

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

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

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,

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

05:23:43.960 --> 05:23:46.560
 about that to begin with.

05:23:46.560 --> 05:23:53.680
 Secondly, I would like to speak to the commercial aspect of the property.

05:23:53.680 --> 05:23:55.920
 I can speak from a first-hand knowledge.

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

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

05:24:08.560 --> 05:24:20.200
 10 to 30 of them about this particular site, grocery stores, big-box retailers, and certainly

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

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

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

05:24:39.640 --> 05:24:43.000
 so that's why we are all here this evening.

05:24:43.000 --> 05:24:47.320
 I think it's, like Julie said, it's a great transitional use.

05:24:47.320 --> 05:24:52.000
 I think we'll get pad users out front.

05:24:52.000 --> 05:24:56.680
 The gas station on the corner is not part of any future development for this property,

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

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

05:25:11.720 --> 05:25:20.080
 some additional commercial uses out front, and so as a neighboring resident, again, I'm

05:25:20.080 --> 05:25:23.920
 in support of the project and ask for your consideration in that regard.

05:25:23.920 --> 05:25:24.920
 Thank you.

05:25:24.920 --> 05:25:30.120
 The next individual is Chuck Bago.

05:25:30.120 --> 05:25:31.120
 Bago.

05:25:31.120 --> 05:25:32.120
 Bago.

05:25:32.120 --> 05:25:35.080
 After that is Sean Faulkner.

05:25:35.080 --> 05:25:38.680
 Please state your name and address for the record.

05:25:38.680 --> 05:25:39.680
 My name is Chuck Bago.

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

05:25:47.360 --> 05:25:48.360
 you.

05:25:48.360 --> 05:25:52.480
 Unfortunately, my story, I think, occurs a little too often here lately.

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

05:25:58.920 --> 05:26:05.840
 for a place to live, and as you all pointed out, where could I go?

05:26:05.840 --> 05:26:11.000
 I was living in Corinth, and I searched all the apartment complexes.

05:26:11.000 --> 05:26:16.880
 My simple priorities were I wanted something that was safe, something that was clean and

05:26:16.880 --> 05:26:22.280
 honestly affordable, right, and I searched all of them, and I went to Unicorn Lake, looked

05:26:22.280 --> 05:26:26.520
 at that, went to a few others, even looked up here at the Square.

05:26:26.520 --> 05:26:31.860
 As a single person, it would have been fun, kids, probably not so much, right?

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

05:26:37.320 --> 05:26:40.020
 I was looking for that I got to check off my list.

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

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

05:26:55.680 --> 05:27:01.280
 to simply share with you that having lived at a property that this developer has built

05:27:01.280 --> 05:27:07.480
 and managed by a company that he owns and manages it, very appreciative of the fact

05:27:07.480 --> 05:27:12.080
 that I was going through a transition period at that time with very limited options as

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

05:27:17.520 --> 05:27:18.780
 to share that with you.

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

05:27:24.280 --> 05:27:29.720
 right across the street from Gettin' Geyer High School, and for those of us that have

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

05:27:34.880 --> 05:27:38.400
 that traffic really was never that big of a problem.

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

05:27:42.960 --> 05:27:47.640
 shortly thereafter they did put the traffic light up, that helped a lot, but you know,

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

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

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

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

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

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,

05:28:16.960 --> 05:28:22.720
 it's well-kept, nicely maintained, professional staff, obviously you can see he's got customer

05:28:22.720 --> 05:28:27.320
 service training, this is a great alternative form, so we appreciate it, and the other thing

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

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,

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

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

05:28:49.400 --> 05:28:52.200
 that this is what you're doing, so thanks a lot, you all.

05:28:52.200 --> 05:28:55.640
 I appreciate you being here and staying up late with us.

05:28:55.640 --> 05:29:01.720
 Next is Sean Faulkner, followed by Greg Johnson.

05:29:01.720 --> 05:29:10.440
 Good evening, members of the commission, my name is Sean Faulkner, my address is 2713

05:29:10.440 --> 05:29:15.480
 Bissonette Drive, I live in the subdivision right across the street from this on the other

05:29:15.480 --> 05:29:16.480
 side of Teasley.

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

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,

05:29:26.920 --> 05:29:32.880
 I've worked on multi-family projects before, all across the state, actually.

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

05:29:39.320 --> 05:29:41.880
 back to the 2030 plan.

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

05:29:50.520 --> 05:29:57.400
 out for multi-family, well for the community mixed use, for it to be predominantly commercial,

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

05:30:04.600 --> 05:30:10.120
 to being a predominantly commercial area for that.

05:30:10.120 --> 05:30:17.640
 The apartment complexes, they're supposed to be put in to maintain the style of the

05:30:17.640 --> 05:30:18.640
 area.

05:30:18.640 --> 05:30:23.480
 The architecture is great, I love it, down at Hickory Creek Ranch, it works great in

05:30:23.480 --> 05:30:30.960
 that area, but around here, with single family houses being primarily one story and two story,

05:30:30.960 --> 05:30:33.560
 I don't think three story will work.

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

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

05:30:44.240 --> 05:30:47.320
 feel standing up against it.

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,

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

05:30:59.520 --> 05:31:03.000
 not want to see that.

05:31:03.000 --> 05:31:11.120
 Traffic, everyone says Teasley's construction, well it was supposed to start construction

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,

05:31:18.560 --> 05:31:24.760
 I've seen fatal car accidents, I've seen countless rear endings along there, I apologize

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,

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,

05:31:35.880 --> 05:31:42.080
 I said to Mr. Smith, I would not be in support of a traffic signal there.

05:31:42.080 --> 05:31:48.240
 Currently, when you drive down Teasley, you hit every single light, so a three mile stretch

05:31:48.240 --> 05:31:53.860
 of road, that's a 45 mile speed limit, takes 15 minutes to get down.

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

05:32:00.680 --> 05:32:06.000
 a quarter mile of each other, one at Robinson, one at Ryan, and one up here.

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

05:32:10.520 --> 05:32:15.760
 sitting on Teasley, out of light.

05:32:15.760 --> 05:32:20.840
 A couple other issues I have, you know, the current site plan shows parking up against

05:32:20.840 --> 05:32:25.080
 the residential areas, and I was talking about putting an eight foot fence, but it still

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,

05:32:30.840 --> 05:32:37.840
 especially if they're single, you know, singles, with the one bedroom apartments, it's going

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

05:32:43.080 --> 05:32:48.800
 being created for those people, so that's, thank you for your time.

05:32:48.800 --> 05:32:55.440
 Thank you very much, next is Greg Johnson.

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

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,

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

05:33:12.520 --> 05:33:13.520
 bad.

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

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

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

05:33:27.000 --> 05:33:30.200
 guy wrong for using his property.

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,

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

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

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

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,

05:34:00.480 --> 05:34:05.840
 a thousand apartment units allowed, Mr. Shelton came along because he had DR Horton wanting

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,

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

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

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

05:34:25.360 --> 05:34:28.360
 to the city and met about.

05:34:28.360 --> 05:34:36.280
 The planning staff, not here anymore, but they said we really want a grocery store on

05:34:36.280 --> 05:34:41.760
 this corner, so when you're asking why did the multifamily restriction go from 700 feet

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

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

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

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

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

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

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

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

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

05:35:30.600 --> 05:35:34.120
 pad sites in my lifetime on Teasley Lane.

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

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

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

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

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

05:36:00.960 --> 05:36:05.560
 and then it magically disappeared when you carved the other piece off, it shouldn't happen.

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

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

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

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

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

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

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

05:36:40.860 --> 05:36:43.400
 infeasible to do so.

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

05:36:47.360 --> 05:36:53.600
 commercial and single family with multifamily, it just happens in every city in the country

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

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

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

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

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

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

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

05:37:32.160 --> 05:37:33.160
 the commercial pads.

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

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,

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,

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

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,

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

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

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

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

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,

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

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,

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,

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

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

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

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

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

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

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

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

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.

05:39:14.440 --> 05:39:22.080
 Commissioner Smith. Thank you Chair. Mr. Johnson, you said you're the one representing the landowner

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

05:39:28.280 --> 05:39:34.000
 obviously, the sale of this property, so if it goes through us, goes through City Council

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

05:39:40.120 --> 05:39:44.320
 money at that point in time, correct? Yes, so they'll receive their money at closing,

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

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

05:39:53.080 --> 05:39:57.200
 so that whether Marksman builds it or the seller builds it, the money is sitting there

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

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

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,

05:40:14.080 --> 05:40:18.280
 they'd already closed on their pads, so the question earlier about the signal, I think

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

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

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

05:40:33.120 --> 05:40:39.000
 years for actual full occupancy in that multifamily. If you're talking about this transaction gets

05:40:39.000 --> 05:40:43.880
 done in three, four months, how quickly do you see side pads actually being done? Do

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

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

05:40:56.360 --> 05:41:00.640
 like he'd leave money on the table if Teasley was just under construction, right? Nobody

05:41:00.640 --> 05:41:06.000
 wants to buy, build, open and then it goes under construction. Honestly, it's taking

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

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

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

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

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

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

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

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

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

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

05:41:59.680 --> 05:42:06.920
 for the record. Derek Martin at 2204 Corsair, just north of the proposed development. I

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

05:42:13.440 --> 05:42:17.480
 verify. I know Mr. Johnson, thank you for giving that detailed description of why it

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

05:42:23.160 --> 05:42:30.160
 you make a decision this evening on maybe postpone the decision to approve this or not

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

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

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

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

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

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.

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

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

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

05:43:31.760 --> 05:43:37.160
 plan somewhat to alleviate the noise because right now as it sits with their new proposed

05:43:37.160 --> 05:43:43.320
 site plan, they have the plaza facing towards the residents and that could generate a lot

05:43:43.320 --> 05:43:50.080
 of noise related complaints with pool parties and late night activities and stuff like that

05:43:50.080 --> 05:43:53.960
 being echoed out towards the residents. So that's all I have.

05:43:53.960 --> 05:43:56.160
 I appreciate you being here. Thank you for the words.

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

05:44:06.880 --> 05:44:07.880
 the record.

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

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

05:44:20.440 --> 05:44:27.640
 signal and not for traffic, for public safety. You have condos or apartments that are going

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.

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

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

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

05:44:53.040 --> 05:44:59.280
 would be, I think, a savior for a lot of parents and kids.

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

05:45:07.240 --> 05:45:15.320
 were tearing down three-year-old eight-unit apartment houses to be able to build brand

05:45:15.320 --> 05:45:25.560
 new 20-unit apartment houses. I believe in development. You are going to have development.

05:45:25.560 --> 05:45:31.640
 I kept hearing the issue about this apartment house being the same as the apartment house

05:45:31.640 --> 05:45:38.400
 down by Geyer. No issues. Everything is kumbaya. Let's roast marshmallows. There's no houses

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

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

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

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

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.

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

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

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

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

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

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

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

05:46:43.280 --> 05:46:53.760
 else, or a sensible multifamily unit. Take us into consideration. The comment was made

05:46:53.760 --> 05:46:59.720
 that the Teasley Trails Estates has three entrances and exits. It has two. It only has

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

05:47:10.120 --> 05:47:16.840
 circles you back around and so you end up inside the track. On this development, when

05:47:16.840 --> 05:47:23.680
 you have that right turn only, when people are coming out of the development onto Ryan,

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

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

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,

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

05:47:49.720 --> 05:47:57.280
 going to have apartments down Ryan farther or even up Teasley farther? These are single

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

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

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.

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

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

05:48:28.840 --> 05:48:34.640
 these things into consideration. I have got a feeling that is moving too fast on this

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

05:48:40.200 --> 05:48:56.200
 you very much. Anyone else? Absolutely. Do you just state your name and address for the

05:48:56.200 --> 05:49:04.400
 audience? My name is Rob Miller. My wife gave the passionate speech about our special needs

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

05:49:13.620 --> 05:49:22.040
 I would throw something into a long meeting. Basically, I appreciate the developers, their

05:49:22.040 --> 05:49:30.880
 presentation and my fellow neighbors. As a military person and as an engineer in background,

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

05:49:39.040 --> 05:49:45.280
 forces guy. I can look at the azimuth and line of sight and those apartments, second

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

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

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

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

05:50:12.320 --> 05:50:22.800
 about or anything like that. That would also push noise away from the neighborhood, the

05:50:22.800 --> 05:50:27.480
 people that are affected, it would push it towards their highway or towards Teasley where

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

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

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

05:50:45.980 --> 05:50:52.880
 windows higher up closer to your property though. It would be quieter. It would be.

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

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

05:51:02.400 --> 05:51:09.840
 open their windows around here? Honestly, they don't. If you do, your house is going

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

05:51:14.920 --> 05:51:20.560
 noise for the eyeballs potentially. Because if you flipped it, you would have a lot more

05:51:20.560 --> 05:51:28.600
 windows looking over the fence. Correct. But in reality, most people, unless it's a nudist

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

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

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

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

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

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

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

05:52:17.560 --> 05:52:23.000
 here under the pretense when we bought. Nothing was ever said about this being, you know,

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

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.

05:52:33.440 --> 05:52:41.120
 But, you know, we weren't expecting, you know, to have multifamily, you know, two, three,

05:52:41.120 --> 05:52:48.280
 four stories, you know, looking into ours, our home. I mean, those are just straight

05:52:48.280 --> 05:52:53.880
 up facts. Sure. I appreciate your -- No, I truly appreciate you giving me an opportunity

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

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

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

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

05:53:19.040 --> 05:53:22.200
 into record, and it says, "Unfortunately, due to the rescheduling of this hearing, I

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

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

05:53:32.200 --> 05:53:37.380
 definitely prefer that use versus a grocery store with stinking dumpsters and truck traffic

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

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

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

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

05:54:05.040 --> 05:54:09.720
 have been a resident and courtesy officer at Hickory Creek Ranch Apartments since February

05:54:09.720 --> 05:54:14.440
 of 2018. I first met the management team when the apartment complex was just beginning to

05:54:14.440 --> 05:54:18.680
 open to its residents. The management team at Hickory Creek Ranch Apartments is phenomenal

05:54:18.680 --> 05:54:23.540
 and has been since day one. Each staff member works extremely hard to ensure their property

05:54:23.540 --> 05:54:28.640
 is run smoothly. As previously stated, I've been the courtesy officer since I moved in

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

05:54:34.640 --> 05:54:39.440
 serious in nature and resolved very easily. The overwhelming majority of residents are

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

05:54:44.000 --> 05:54:48.660
 team here at Hickory Creek Ranch. The management team often puts on events at the property

05:54:48.660 --> 05:54:53.580
 that brings the residents together. The entire complex was built with great quality. I understand

05:54:53.580 --> 05:54:58.000
 some apartments can be an eyesore and may negatively affect the community around it.

05:54:58.000 --> 05:55:03.300
 Hickory Creek Ranch Apartments have proven to be the opposite of that. The complex itself

05:55:03.300 --> 05:55:07.600
 looks great and has brought many wonderful people and families into the community. Again,

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

05:55:10.960 --> 05:55:18.080
 able to get my message of support across to you. Thank you, Trooper J. Harris.

05:55:18.080 --> 05:55:25.800
 The other cards I have is Rachel Smith in support, Brenna Pennington in support, Derek

05:55:25.800 --> 05:55:34.000
 Martin is opposed to both items F and items G, and Kenneth Stevens has voiced opposition

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

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

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

05:55:56.880 --> 05:56:01.200
 take these in separate motions at that time. Commissioner Beck.

05:56:01.200 --> 05:56:07.440
 Thank you, Chair. I would like if Julie could probably address the concern that was expressed

05:56:07.440 --> 05:56:14.760
 by Richard Hansen, feels that not enough of the opposition letters made our way.

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

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

05:56:27.280 --> 05:56:32.080
 my card because with fax machines, you never quite know if you got everything you were

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

05:56:35.920 --> 05:56:39.680
 was supposed to send so that we can have it for council.

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

05:56:44.820 --> 05:56:49.920
 the percentage that would require a supermajority. The supermajority would come into play during

05:56:49.920 --> 05:56:53.720
 City Council. Right. Right. I'm just saying. Yes. We don't

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

05:57:00.800 --> 05:57:07.320
 be. Okay. Yeah, Richard. Just to add a little clarification

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

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

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

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

05:57:30.160 --> 05:57:36.680
 rezoning or the zoning change and only submit for the SGP, we only count the SGP.

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.

05:57:46.320 --> 05:57:49.280
 Thank you. Thank you, Julie.

05:57:49.280 --> 05:57:52.920
 Commissioner Smith. I'm going to make a motion to approve this

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

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

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.

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

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

05:58:26.000 --> 05:58:31.440
 the only zoning issue that we have here is the overlay is restricting multifamily. By

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

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

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

05:58:51.280 --> 05:58:56.640
 housing development there that is essentially multifamily as well. But it's an elderly housing

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

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

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

05:59:14.480 --> 05:59:20.000
 them out there. That clubhouse is 200 feet from the nearest home in the Teasley Trails

05:59:20.000 --> 05:59:27.080
 neighborhood and there is no fence that separates that clubhouse from the house. So essentially

05:59:27.080 --> 05:59:31.920
 if we have children living in the neighborhood, this seems like a serious public safety issue

05:59:31.920 --> 05:59:38.040
 where there are folks who are having access to land and squatting in an abandoned home

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

05:59:42.240 --> 05:59:46.560
 neighborhood. This needs to be torn down and developed into something as quickly as possible.

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

05:59:53.480 --> 06:00:00.360
 a motion. So will you? Okay, item four F. Commissioner Cole. Second. We have a first

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.

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

06:00:13.120 --> 06:00:20.440
 down to speak to preserving their neighborhood. I empathize with your perspective. I've been

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

06:00:28.520 --> 06:00:36.000
 for your child is tough. I understand that. No current sitting member of this commission

06:00:36.000 --> 06:00:40.480
 was seated when this ordinance was written. Chairman Roselle and myself have probably

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

06:00:48.040 --> 06:00:55.360
 I were here at that time, I probably would have voted for this overlay restriction. But

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

06:01:02.000 --> 06:01:07.640
 the road that will command more traffic, it's creating pressure to develop both residential

06:01:07.640 --> 06:01:15.560
 and non-residential products to address Denton's rapidly growing population. As Julie indicated

06:01:15.560 --> 06:01:21.440
 earlier, the overlay restriction was meant for only a fraction of this parcel, and that

06:01:21.440 --> 06:01:30.800
 was closest to Teasley. It's not uncommon to preserve our little corners of the world

06:01:30.800 --> 06:01:36.440
 from higher density housing developments and commercial projects. But let's call this what

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

06:01:43.320 --> 06:01:51.480
 just an innate instinct of our species. In his book, The Righteous Mind, psychologist

06:01:51.480 --> 06:01:57.680
 Jonathan Hay describes the moral license that's rooted in our evolutionary past for better

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

06:02:03.000 --> 06:02:09.240
 to be tribal creatures, and we often find it easier, even good sport, to circle around

06:02:09.240 --> 06:02:16.800
 our own and attack the newcomers. Morality, Height says, is both -- it both binds and

06:02:16.800 --> 06:02:22.680
 blinds. It binds us together and blinds us to other truths. Height's comments were from

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

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.

06:02:32.080 --> 06:02:36.720
 I'm going to quote, pervade them partially from this article. I'm going to paraphrase

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.

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

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

06:02:58.640 --> 06:03:03.440
 from unpopular changes. It becomes detrimental to good growth, and we elevate single-family

06:03:03.440 --> 06:03:09.920
 zoning to levels that create exclusionary neighborhoods. You do, of course, have the

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

06:03:14.920 --> 06:03:19.960
 be disruptive to residential neighborhoods. This commission has acted many times during

06:03:19.960 --> 06:03:24.820
 my four-year tenure to inhibit development in close proximity to single-family developments

06:03:24.820 --> 06:03:30.320
 that we believe have exhibited its potential to disrupt established settled neighborhoods.

06:03:30.320 --> 06:03:37.880
 It is my sincere feeling, however, that this development is not one of those. Human habitats

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

06:03:43.880 --> 06:03:50.600
 residential dwellings and commercial enterprises. We simply can't financially sustain neighborhoods

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

06:03:56.280 --> 06:04:02.680
 incorporate a mix of spaces and places that bring people together, not separates them.

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

06:04:09.120 --> 06:04:14.440
 apartments. I believe such practices distort local communities in unhealthy and destructive

06:04:14.440 --> 06:04:22.600
 ways. Studies show that this approach artificially inflates housing values, dislocates for stifles

06:04:22.600 --> 06:04:30.240
 entry-level entrepreneurship, accelerates wealthy inequality, and bankrupts local governments.

06:04:30.240 --> 06:04:35.440
 But this is an existing field area, already vacant, where a trailer park once existed

06:04:35.440 --> 06:04:42.520
 and in a deteriorating condition, as Commissioner Smith pointed out, actually poses some self-inset

06:04:42.520 --> 06:04:48.300
 safety and health risks. By building units here that accommodate the rapid population

06:04:48.300 --> 06:04:55.040
 growth Denton is faced with, and I think it was mentioned earlier in another agenda item

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

06:05:02.960 --> 06:05:08.480
 proximity to those commercial businesses that homeowners require to fill daily essential

06:05:08.480 --> 06:05:14.200
 needs rather than creating a greater sprawl that places them in locations further away

06:05:14.200 --> 06:05:19.520
 from necessary resources and requires the added expense to build the necessary infrastructure

06:05:19.520 --> 06:05:25.320
 to accommodate this sprawl. What's being proposed here tonight with this development is not,

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

06:05:30.560 --> 06:05:36.960
 analysis that after Teasley is widened and becomes a major corridor and gateway to Denton

06:05:36.960 --> 06:05:41.880
 to the south, it could attract a combination of businesses that will generate far more

06:05:41.880 --> 06:05:47.680
 traffic in this area than the proposed multi-family development. A development I agree with others

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

06:05:54.800 --> 06:06:00.840
 commercial development will be built. Thank you.

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

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.

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

06:06:20.760 --> 06:06:30.520
 numbers on traffic and talk about that commercial number that triggers that 11,000? That. Yes.

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.

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

06:06:42.040 --> 06:06:50.000
 single contributor to daily trips. And it was the staff's opinion that all those things,

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

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

06:07:00.920 --> 06:07:06.720
 is not happening. This really was an example, an illustration of what could go in there

06:07:06.720 --> 06:07:14.560
 in the trips. Our discussion about the warrants for the light were really just commercial

06:07:14.560 --> 06:07:19.920
 development on 15 acres. Less about what these specific potential uses would be and just

06:07:19.920 --> 06:07:26.160
 the fact that commercial shopping on 15 acres would generate enough traffic, whether it

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

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

06:07:40.040 --> 06:07:46.720
 discussion. This is really kind of illustrative. So, more or less that general amount of square

06:07:46.720 --> 06:07:55.480
 footages of commercial, there's confidence from the city staff that that is enough or

06:07:55.480 --> 06:08:00.480
 an adequate momentum push to get a stoplight at Hunter's Creek.

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

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

06:08:12.640 --> 06:08:18.120
 can get a full assessment of the traffic patterns, given the existing development in the area,

06:08:18.120 --> 06:08:22.160
 particularly the residential and Keasley trails, once that fully gets built out, you might

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.

06:08:30.400 --> 06:08:34.480
 Thanks Julie and Richard for helping out. Before we get to the vote, the only thing

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

06:08:38.080 --> 06:08:47.180
 the commission in totality, is to understand how to transition between areas. It's difficult

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

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

06:09:00.720 --> 06:09:07.080
 land use, the momentum of the city, everything shows, Keasley, especially that corner being

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

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

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

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

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

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

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

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

06:09:55.240 --> 06:10:01.200
 certainly hearing the personal testimonies of the joys of backing up to, let me rephrase

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

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

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

06:10:17.680 --> 06:10:23.720
 constructed local developer of an apartment complex is the right move for this specific

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

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

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

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

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

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

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

06:11:11.840 --> 06:11:21.240
 item 4G. Commissioner Smith. Motion to approve. This one does have conditions. List have conditions.

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.

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

06:11:41.440 --> 06:11:47.680
 carries 6-0. Congratulations. Next item of business is our project matrix. I will turn

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

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

06:11:59.960 --> 06:12:10.360
 of put back on the matrix, staff analysis updates. I hope you enjoyed the staff analysis

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

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

06:12:19.920 --> 06:12:25.000
 enough information where you can make an informed decision, including I know that it was on

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,

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

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

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

06:12:46.960 --> 06:12:52.480
 visual perspective. We're working with capital improvements in our GIS where we can actually

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

06:12:57.760 --> 06:13:04.920
 that relates to the project at hand being discussed, not just roads but also water sewer

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

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

06:13:15.920 --> 06:13:27.440
 legislative changes. There were two two bills that that passed 31 67, Senate Bill 3167,

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

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

06:13:41.680 --> 06:13:47.560
 have now changed that. And we're still going through and analyzing what it actually means

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

06:13:53.160 --> 06:13:59.160
 Municipal League on what exactly it means. It probably will mean many more items coming

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

06:14:03.920 --> 06:14:09.360
 means, whether it's ultimately going to be more meetings, possibly moving the time up.

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

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

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

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

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

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

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

06:14:54.040 --> 06:15:01.480
 a conditional approval, you then have to approve that they've met those conditions. And so

06:15:01.480 --> 06:15:07.880
 the premise of this bill was to get better comments and streamline the process. But what

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

06:15:13.360 --> 06:15:17.320
 things through the process. And so that's where we're -- that's our initial reading

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

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

06:15:30.440 --> 06:15:34.440
 consequence, I think, was a result of passage of that bill.

06:15:34.440 --> 06:15:38.520
 Does that Senate bill have a time in which we have to implement those changes?

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

06:15:44.440 --> 06:15:51.120
 to not regulating building materials anymore. And so the new DDC that we just adopted, we

06:15:51.120 --> 06:15:55.720
 will probably be bringing forward amendments, repealing a number of those provisions that

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

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

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

06:16:17.800 --> 06:16:25.280
 ability to say -- Richard, would that apply to developments that are already on the books

06:16:25.280 --> 06:16:30.040
 or is that -- It becomes into effect September 1st.

06:16:30.040 --> 06:16:35.360
 But it stretches much more -- it stretches further beyond, I think, just building materials

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

06:16:42.640 --> 06:16:47.560
 on the building side where they're, I think, Lubbock and there's some other municipalities

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

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

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

06:17:08.760 --> 06:17:17.120
 prohibit it. And so these are -- We can deny -- we can vote to deny, though.

06:17:17.120 --> 06:17:21.280
 I think that's what we really need to flush out.

06:17:21.280 --> 06:17:25.680
 Okay. So that's coming down the pike very soon.

06:17:25.680 --> 06:17:28.160
 Awesome news. On that note --

06:17:28.160 --> 06:17:34.960
 Yeah. Commissioner Beck. Thank you, Chair. I wanted to bring back up,

06:17:34.960 --> 06:17:40.840
 in conjunction with the multifamily development overall from East McKinney, can we get somebody

06:17:40.840 --> 06:17:46.920
 to look at putting a marked crosswalk there where that McKinney exit is going to connect

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.

06:17:52.440 --> 06:17:59.160
 And if there's some way -- and again, this is definitely going to involve TexNOT, but

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

06:18:06.520 --> 06:18:12.080
 on McKinney there. They've got that little curve there, and with this new development,

06:18:12.080 --> 06:18:16.680
 it's going to create a lot more traffic. So if you could, please, thanks.

06:18:16.680 --> 06:18:21.280
 Commissioner Ellis. Thank you, Chair. Richard, with what occurred

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

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 meetings, is there a way that we can get and ensure that legal has signed off on staff

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 recommendations before our meeting? I mean, to me, it puts us in a really awkward

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 position if you're not on the same page to be able to vote on an item accordingly. So

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 I don't know -- you know, I don't live the day-to-day that you all live, so I don't even

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 know if that request is possible, but it seems to me that, you know, whatever you're recommending

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 to us should be something that legal has seen, and, you know, I don't know.

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 We do meet every Friday to discuss that, but we will work to improve it.

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 Yeah, because it's -- for me, I mean, I can only speak for myself, but put me in a very

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 awkward position on making a decision. Any other questions?

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 Any other discussion? I will close this meeting at 1137. Thank you.