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 Welcome to the City of Denton's Planning and Zoning Commission meeting for Wednesday,

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 June 12, 2024.

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 This is our work session with a quorum present.

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 I'll call us to order at 5.01 p.m.

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 And our first item on agenda is citizen comments on consent agenda items.

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 I do not see anyone here for that.

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 So we'll move along to clarification of our agenda for this evening.

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 The first item being our minutes from the 29th.

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 Any questions, concerns on those?

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 Okay.

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 How about the consent agenda?

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 We've got one plat on that.

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 Okay.

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 Items for individual consideration.

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 There was an email that came through 4A, which was recommended for denial, is now recommended

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 for approval, which Angie is going to tell us right now.

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 This is a final plat for Stella Hills phase one.

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 It is approximately 177 single family lots and four open space lots.

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 This was recommended for denial in your packet.

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 They have since met all of our criteria for approval.

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 We are now comfortable with recommending approval of this final plat, lot 26X, which was originally

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 slated to possibly be dedicated to the city via a development agreement.

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 They went ahead and made that an open space lot with the understanding that parks would

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 come back and acquire the trail they need through a separate easement.

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 So they've satisfied all of our comments.

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 Great.

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 Any questions for Angie?

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 Okay.

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 Thank you very much.

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 4B is FP 240020.

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 I think Bryce is here to give us that summary.

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 Hi.

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 Good evening, commission.

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 Bryce Farnarsdale, assistant planner.

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 This is FP 240020.

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 It is a final plat of approximately 15.98 acres, which will create a single lot in the

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 city's ETJ division one.

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 It is on the southeast corner of Copper Canyon Road and Old Alton Road.

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 While they do not currently meet our criteria for approval, staff has no objections to the

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 requests for their extension to a date certain of June 26th, 2024.

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 I'll stand for any questions.

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 Questions?

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 Commissioner Villarreal.

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 Which extension number is this for them?

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 The first extension.

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 Thank you.

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 Yeah.

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 Anything else?

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 Okay.

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 Thanks, Bryce.

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 Thank you.

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 Commissioner Cole is recusing the next four items, C through F. And Cameron is here to

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 tell us about those.

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 Hi.

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 Good evening, commission.

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 Cameron Robertson, principal planner.

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 The first final plat you all, that is in front of you all this evening, is Hunter Ranch phase

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 1A.

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 It is approximately a 53-acre site, located north of Robson Ranch, just west of Interstate

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 35 West.

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 It is going to consist of 95 single-family residential lots and 10 HOA lots.

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 At this time, staff is recommending denial of the final plat, as it does not meet our

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 criteria for approval.

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 But staff has no objection to the second extension to a date certain of June 26th, and I can

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 stand for any questions.

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 Thanks.

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 Are we still waiting on the same thing we've been waiting on?

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 Yeah.

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 Okay.

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 You've got the floor for the next, I'll just let you continue for the next three.

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 Sounds good.

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 This is for Hunter Ranch phase 1B.

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 It's approximately a 53-acre site as well.

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 It would consist of 180 single-family residential lots and eight HOA lots.

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 At this time, staff is recommending denial, as it does not meet our criteria for approval.

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 But staff has no objection to the second extension request to June 26th.

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 Questions there?

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 Okay.

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 Go ahead to the E.

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 So this is for Hunter Ranch phase 1C.

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 It's approximately a 68-acre site.

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 It would consist of 287 single-family residential lots and 10 HOA lots.

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 Staff recommends denial at this time, as it does not meet our criteria for approval.

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 But staff has no objection to the second extension to a date certain of June 26th.

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 Questions?

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 Thank you very much.

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 I think I have one more.

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 I think yes, you do.

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 You have that.

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 I'm sorry.

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 You sure do.

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 It was on the next page.

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 This is for the Hunter Ranch phase 1D final plot.

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 It is approximately a 56-acre site.

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 It's for 185 single-family residential lots and 8 HOA lots.

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 Staff is recommending denial at this time, but we have no objection to the second extension

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 request to a date certain of June 26th.

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 Okay.

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 No questions.

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 Thank you very much for that.

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 Let's bring Commissioner Cole back in.

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 Thanks, Jordan.

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 And we will go into our public hearings for today.

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 First is 5A PD 240005.

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 There is some material on your desk, and Mia is going to let us know what's happening.

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 Hi.

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 Hello.

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 Good evening, Chair.

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 Should I wait a little second?

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 We should probably wait for one second.

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 He's further away than we thought.

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 There we go.

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 Thank you.

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 Good evening, Chair, members of the Commission.

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 So this item, PD 240005, is a request to rezone approximately 53 acres, or 52 and a half acres,

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 from R62 PDLI.

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 That's an overlay within Light Industrial Base Zoning.

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 The property is located just north of Black Road, approximately 800 feet east of Giesling

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 Road, and it's part of a larger, approximately 86-acre tract.

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 The PD request would establish a Light Industrial Zoning, whereas it is R6 today, but also establish

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 some additional conditions, specifically require ESA compliance at ZCP review.

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 It also requires a 250-foot building setback from the existing residential properties,

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 as well as Black Road, and then it also requires a 50-foot wide buffer with 50 buffer points

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 adjacent to the residential properties, as well as Black Road.

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 That is recommending approval, as the request does meet our criteria for approval, and since

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 the packet went out, there were a few updates.

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 One, I've already mentioned that the extension of the 250-foot building setback and the 50-foot

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 wide landscape buffer is now adjacent to, or applied to, Black Road also, whereas I

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 think in your backup, it was just shown to be adjacent to the residential properties.

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 Additionally, we have also received two responses in opposition of the request, and another

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 one update that I wanted to mention that's not on this slide is that they have added

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 additional restrictions to Black Road's access that is limiting the ability for trucks to

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 travel from any proposed driveway on Black Road, and then they have also added a prohibition

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 against auto fuel cells and major automotive repair within this PD.

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 So again, staff is recommending approval, and I have the more detailed presentation

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 in prepared for the regular session, but at this time, I'll take any questions or comments

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 you have.

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 Sounds good.

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 Commissioner Thacker.

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 Thank you, Chair.

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 What qualifies major auto repair?

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 I can pull that definition up exactly, but I think when we get into, I don't know the

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 distinguish, but I think minor is more the quick lubes, the oil change places, whereas

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 major works on transmissions and stuff like that, but I could have the definition ready

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 for you in the regular session if you'd like.

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 I'm just trying to distinguish between like a parking lot of stagnant cars and cars kind

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 of coming and going, and a garage shutting every night, you know what I'm saying?

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 Gotcha.

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 Yeah.

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 Thank you.

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 Any other questions at the moment?

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 Commissioner Cole.

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 Thank you, Chair.

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 I don't know what Commissioner Thacker said, I'd like to know kind of the uses and what

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 that definition is going to be.

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 Yeah.

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 Okay.

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 Yeah, my thoughts were to honestly eliminate both of them when I had it on my notes, my

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 personal notes that I can't find at the moment, that I will find.

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 Yeah, I was hoping to not have an auto wash fuel sales major or minor.

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 And the applicant will be here also.

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 I do like that they added those, yeah, that's helpful.

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 I'm trying to get my, you don't have this up, do you?

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 I can, yes, I can.

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 I'm trying to read the access verbiage.

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 Oh, I do not, no, I do not have the verbiage up there.

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 That change came much later in the day.

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 Okay, are you planning to have it in this?

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 Yes.

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 Okay, okay, excellent.

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 Okay, then I'll wrap my head around it between now and then and we can, if I end up with

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 a question on it, I can ask it there.

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 Okay.

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 Yeah.

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 Okay.

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 Anybody else?

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 Commissioner Villareal.

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 Thank you, Chair.

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 So I read it in the backup material that during the meeting with neighboring folks in the

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 area, they mentioned they didn't have any pending development plans or proposed development

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 plans, but they mentioned as well that they're hoping to put a warehouse here, but they're

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 not precluded from putting something other than a warehouse.

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 What was the last, I guess, what is our understanding of what they're planning on putting on this?

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 So they truly do not know.

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 The interest that the applicant has expressed that they've received has been leaning towards

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 warehouse uses, but right now they do not know.

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 Do you have, excuse me, just a second, do you have a picture where you've got outlined

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 the parent tract in case people need reference for that?

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 Yes, I can clarify that in the slides, yeah.

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 Because there is several other pieces involved, I mean, with the same owner that possibly

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 might develop everything as one.

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 So it's not just this little thing that we're looking at today, but I just wanted to make

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 sure you had that clarity as well.

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 Okay.

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 And yes, Tina, go ahead.

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 Thank you.

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 In the past, it's my understanding that this property had been considered for residential

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 development, but because of some of the encumbrances that are associated with the property, particularly

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 there's overhead transmission lines as well as a gas line, which you can see is evident

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 on this aerial here, precluded it from being successfully laid out for residential purposes.

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 So over time, when we updated the Denton 2040 comprehensive plan, we also made some revisions

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 in this area to reflect the industrial designations.

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 We've seen properties in this area a handful of times, at least in the time period that

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 I've been here, where we've rezoned properties to light industrial from this property owner.

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 There was at one point in time, I believe an Amazon distribution facility that was looking

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 to occupy the west side of Gisling road, and then having some parking operations on the

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 east side that did not come to fruition.

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 And to Mia's point, there's been conversations with respect to warehouse development, obviously

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 with the light industrial zoning district is the base zoning.

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 You have to take into consideration all the uses that are allowed, but from what we're

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 seeing in this area, it's typically in that format of warehouse distribution type uses.

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 And so with the ownership that they have also here in the area, this is just one more parcel

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 that allows them to be able to probably develop the larger ownership as either a single user

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 or multiple buildings that are being constructed there.

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 - And just following up on that, that staff perhaps discuss with them, since it is gonna

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 be a PD restricting it to just warehouse uses, is that a conversation that came up with the

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 applicant at all?

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 - No, they wanted the flexibility since they are marketing it at this time to not, but

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 they were okay with, like I said, limiting certain uses like the auto fuel cells and

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 the major auto repair there.

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 - Got it, thank you.

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 - And I guess just to correct, they're not proposing a restricted to just warehouse.

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 So it would be all the uses that are allowed in the light industrial, okay, I just wanna

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 make sure you understand.

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 Okay, perfect.

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 - Yeah, I think his question was, would they?

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 - Would they be willing to?

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 - Oh, yeah.

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 Okay, and you said the applicant will be here anyway to have further discussion about neighborhood

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 meetings and whatnot.

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 - Correct.

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 - Okay, anything else at the moment for Mia?

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 - No.

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 - Okay, thank you very much.

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 So our next to 5B and C, you probably saw that email come through where that item is

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 being requested to be postponed until July 24th.

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 Angie, I'll just let you give that formal.

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 - Yeah, thank you, Chair, members of the commission, Angie Manglars, Development Review Manager.

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 Yes, as stated, some infrastructure challenges have come to light that we do need to work

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 through.

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 Staff as well as the applicant are requesting to postpone this case to a date certain of

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 July 24th, 2024.

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 I say this case, but I mean both Z220018, as well as PD230001.

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 - And from my understanding is we're going to open the public hearing, right?

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 Leave it open and then continue to that date certain, correct?

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 - Yes, ma'am.

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 - Okay.

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 Go ahead, Commissioner Villarreal.

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 - Thank you, Chair.

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00:13:43,400 --> 00:13:44,480
 Just a quick question on process.

251
00:13:44,480 --> 00:13:49,080
 The folks who reached out via email about these two projects, were we able to email

252
00:13:49,080 --> 00:13:52,840
 them letting them know it was going to be postponed to a date certain?

253
00:13:52,840 --> 00:13:53,840
 - Sure.

254
00:13:53,840 --> 00:13:58,720
 So I did not go back and respond to each and every individual email I got, but I was in

255
00:13:58,720 --> 00:14:03,960
 contact with several very plugged-in neighbors and did let them know this morning of the

256
00:14:03,960 --> 00:14:08,000
 request and told them to feel free to forward and share with whoever they felt possible.

257
00:14:08,000 --> 00:14:11,080
 I also received probably about five or six phone calls throughout the course of the day

258
00:14:11,080 --> 00:14:15,320
 from other people just asking to confirm that, so I do feel like word was gotten out.

259
00:14:15,320 --> 00:14:18,800
 I did also make it clear that individuals could still come if they wished, but that

260
00:14:18,800 --> 00:14:19,800
 was going to be the request.

261
00:14:19,800 --> 00:14:20,800
 - Got it.

262
00:14:20,800 --> 00:14:21,800
 Thank you.

263
00:14:21,800 --> 00:14:22,800
 - Yes.

264
00:14:22,800 --> 00:14:23,800
 - Yes.

265
00:14:23,800 --> 00:14:26,720
 And I did as well reach out to anyone who had emailed regarding that to let them know

266
00:14:26,720 --> 00:14:28,520
 of that plan as well.

267
00:14:28,520 --> 00:14:29,520
 Okay.

268
00:14:29,520 --> 00:14:30,520
 Okay.

269
00:14:30,520 --> 00:14:47,000
 Let's go to, let's see, 5D, S240003, which goes in tandem with D, I'm sorry, E as well.

270
00:14:47,000 --> 00:14:51,920
 Good evening, Chair, members of the commission.

271
00:14:51,920 --> 00:14:57,800
 So this is S240003 and S240004 for advanced microbial solutions, and these are similar

272
00:14:57,800 --> 00:15:03,960
 applications from the same applicant, so I will be presenting them together.

273
00:15:03,960 --> 00:15:07,780
 In summary, this is a request for a specific use permit for a high-impact manufacturing

274
00:15:07,780 --> 00:15:10,280
 use on approximately eight acres of land.

275
00:15:10,280 --> 00:15:15,080
 The eight acres is outlined on the screen in red, that's S240003, and then an additional

276
00:15:15,080 --> 00:15:20,680
 9.5 acres of land, which is S240004, and outlined on your screen in blue.

277
00:15:20,680 --> 00:15:24,160
 These sites are generally located on the southwest corner of the intersection of Shelby Lane

278
00:15:24,160 --> 00:15:29,080
 and Dakota Lane, and on the west side of Dakota Lane, 800 feet south of Shelby Lane.

279
00:15:29,080 --> 00:15:33,000
 The existing zoning is heavy industrial, which is shown on the maps on the left, and the

280
00:15:33,000 --> 00:15:36,560
 future land use is industrial commerce, shown on the maps on the right.

281
00:15:36,560 --> 00:15:40,340
 And staff does recommend approval as it complies with the criteria for approval, and I'm happy

282
00:15:40,340 --> 00:15:44,240
 to answer any questions.

283
00:15:44,240 --> 00:15:45,240
 Can you enlighten me?

284
00:15:45,240 --> 00:15:48,040
 I think you had a talk with the fire chief yesterday, right?

285
00:15:48,040 --> 00:15:51,800
 We have been discussing this with fire and building safety.

286
00:15:51,800 --> 00:15:55,840
 They both have a table in their codes about maximum amounts of chemicals, so we were trying

287
00:15:55,840 --> 00:16:00,240
 to work through some of that with them, and we did work through that with building safety.

288
00:16:00,240 --> 00:16:05,560
 So they will, if the SUP is approved, they will submit with their CO all of the chemicals

289
00:16:05,560 --> 00:16:09,600
 that they're storing to building safety, and building safety will approve that.

290
00:16:09,600 --> 00:16:13,920
 And they'll also submit that to fire for their hazardous materials permits, and fire will

291
00:16:13,920 --> 00:16:14,920
 review that.

292
00:16:14,920 --> 00:16:18,160
 And that's where they would also review any needed secondary containment that was not

293
00:16:18,160 --> 00:16:21,640
 already there, anything like that.

294
00:16:21,640 --> 00:16:25,160
 Thank you.

295
00:16:25,160 --> 00:16:31,920
 On that note, the backup material talked about requiring additional permitting that you described

296
00:16:31,920 --> 00:16:35,380
 if additional types of chemicals would be stored in the future.

297
00:16:35,380 --> 00:16:46,320
 Is there any vehicle for those permits having a cap of the amount as far as, you know, hazardous

298
00:16:46,320 --> 00:16:51,920
 materials, once you get over a certain amount of the fire safety becomes a different question,

299
00:16:51,920 --> 00:16:54,100
 or is it really just the type of material?

300
00:16:54,100 --> 00:16:58,040
 So the way that the table is written, there's each type of chemical and then what type of

301
00:16:58,040 --> 00:17:02,120
 that kind of chemical it is, and then they have a certain maximum amount they can have

302
00:17:02,120 --> 00:17:05,520
 per their control area, so if they have more than that amount per their control area, they

303
00:17:05,520 --> 00:17:07,200
 need to create a new control area.

304
00:17:07,200 --> 00:17:09,400
 Okay, and then that would require a new permit?

305
00:17:09,400 --> 00:17:10,400
 Yes.

306
00:17:10,400 --> 00:17:11,400
 Got it.

307
00:17:11,400 --> 00:17:12,400
 Thank you.

308
00:17:12,400 --> 00:17:13,400
 Anything else?

309
00:17:13,400 --> 00:17:16,400
 Thank you very much.

310
00:17:16,400 --> 00:17:18,200
 Thank you.

311
00:17:18,200 --> 00:17:30,080
 Let's see, okay, and then we've got final public hearing, and that's item F, DCA 240003.

312
00:17:30,080 --> 00:17:39,760
 Hello, Angie Manglars, Development Review Manager.

313
00:17:39,760 --> 00:17:43,200
 This is DCA 240003.

314
00:17:43,200 --> 00:17:46,560
 This is amendment to the Denton Development Code as it relates to conflicts with other

315
00:17:46,560 --> 00:17:49,400
 ordinances and criteria manuals.

316
00:17:49,400 --> 00:17:55,400
 So the purpose of this code amendment is to update the DDC subsection 1.3.4 as it relates

317
00:17:55,400 --> 00:17:58,640
 to conflicts with other ordinances and criteria manuals.

318
00:17:58,640 --> 00:18:04,840
 Specifically, this code amendment is to address the recent adoption of the Denton Design Criteria

319
00:18:04,840 --> 00:18:11,920
 Manual, which was adopted by City Council on June 4th, and removing potential conflicts.

320
00:18:11,920 --> 00:18:17,080
 The Denton Design Criteria Manual specifies that in the event of a conflict, the DDC shall

321
00:18:17,080 --> 00:18:18,080
 control.

322
00:18:18,080 --> 00:18:22,560
 As it is today, the DDC says that in the event of a conflict, the Criteria Manual shall control.

323
00:18:22,560 --> 00:18:26,280
 So we are going to make sure that those are consistent, so it's not creating any conflicts.

324
00:18:26,280 --> 00:18:31,320
 Removing a potential conflict, it's needed to help clarify the Denton Development Code

325
00:18:31,320 --> 00:18:36,800
 and who shall govern, as well as we made some name updates to make sure we were referring

326
00:18:36,800 --> 00:18:41,200
 to all the right manuals and removing those that we no longer use.

327
00:18:41,200 --> 00:18:45,240
 And so for those reasons, we are recommending approval of the code amendments tonight.

328
00:18:45,240 --> 00:18:48,560
 I'm happy to talk through any more if you need that.

329
00:18:48,560 --> 00:18:50,560
 Any questions?

330
00:18:50,560 --> 00:18:53,520
 No, it was presented perfectly in the backup, yes.

331
00:18:53,520 --> 00:18:54,520
 Great.

332
00:18:54,520 --> 00:18:55,520
 Exactly what we're looking at.

333
00:18:55,520 --> 00:18:56,520
 Okay.

334
00:18:56,520 --> 00:18:57,520
 Awesome.

335
00:18:57,520 --> 00:18:58,520
 Thank you very much, Angie.

336
00:18:58,520 --> 00:18:59,520
 Okay.

337
00:18:59,520 --> 00:19:00,520
 That is it for our agenda tonight.

338
00:19:00,520 --> 00:19:03,280
 We've got two work session reports.

339
00:19:03,280 --> 00:19:07,280
 First one being 3A, PZ24089.

340
00:19:07,280 --> 00:19:10,360
 That's receive a report, hold a discussion related to amending the Denton Development

341
00:19:10,360 --> 00:19:14,400
 Code to establish community engagement agreement participation process.

342
00:19:14,400 --> 00:19:15,400
 Hello.

343
00:19:15,400 --> 00:19:18,120
 Nice to see you, Chair Ellis, if I could.

344
00:19:18,120 --> 00:19:21,640
 So I know some of you had the opportunity to meet Keisha at a previous meeting where

345
00:19:21,640 --> 00:19:25,800
 we introduced her at the end of the meeting, but I'm happy to have her join our team because

346
00:19:25,800 --> 00:19:29,560
 she's been with us month and a half, two months, almost two months.

347
00:19:29,560 --> 00:19:35,320
 So Keisha has nearly 20 years of experience working in local government in a variety of

348
00:19:35,320 --> 00:19:36,320
 capacities.

349
00:19:36,320 --> 00:19:39,760
 Her most recent employment was with the city of Plano, where she was over their neighborhood

350
00:19:39,760 --> 00:19:42,840
 engagement team, as well as some of their housing programs.

351
00:19:42,840 --> 00:19:46,840
 And so she has an extensive amount of experience when it comes to public engagement.

352
00:19:46,840 --> 00:19:51,080
 So we're excited to tap into her skills and resources that we can employ those here in

353
00:19:51,080 --> 00:19:52,080
 Denton.

354
00:19:52,080 --> 00:19:53,080
 But she's been a great addition so far.

355
00:19:53,080 --> 00:19:54,680
 So I'm going to turn it over to her.

356
00:19:54,680 --> 00:19:55,680
 Thank you.

357
00:19:55,680 --> 00:19:56,680
 Hi, Keisha.

358
00:19:56,680 --> 00:19:57,680
 Good evening, Chair and Commissioner.

359
00:19:57,680 --> 00:20:02,560
 I'm Keisha Siriano, Assistant Planning Director, here to speak with you tonight about the possibility

360
00:20:02,560 --> 00:20:07,840
 of adding community engagement agreement incentives as an opportunity for our developers to increase

361
00:20:07,840 --> 00:20:09,640
 their public engagement.

362
00:20:09,640 --> 00:20:14,800
 We understand that City Council, Planning and Zoning Commission, as well as staff, like

363
00:20:14,800 --> 00:20:18,800
 to see developers to interact and engage with the community.

364
00:20:18,800 --> 00:20:23,960
 So this is an option that we want to present to you today and get your thoughts on.

365
00:20:23,960 --> 00:20:29,640
 So the current code does recommend citizen participation, but it's a recommendation,

366
00:20:29,640 --> 00:20:31,640
 so it's optional.

367
00:20:31,640 --> 00:20:37,800
 There is a citizen participation plan noted in there, as well as a participation report.

368
00:20:37,800 --> 00:20:44,360
 The staff provides mailing addresses for those developers who would like to have neighborhood

369
00:20:44,360 --> 00:20:45,360
 meetings.

370
00:20:45,360 --> 00:20:49,680
 The staff does attend those when they're available, but in the last five years, what we found

371
00:20:49,680 --> 00:20:56,400
 is we haven't had anyone submit a citizen participation report or a plan.

372
00:20:56,400 --> 00:21:02,880
 So we thought, what can we do to possibly entice our development community to have more

373
00:21:02,880 --> 00:21:08,120
 engagement with the community, which brings us to our why.

374
00:21:08,120 --> 00:21:13,560
 So this is a staff-initiated amendment, again, just wanting to increase engagement between

375
00:21:13,560 --> 00:21:15,920
 developers and residents as well.

376
00:21:15,920 --> 00:21:19,840
 And we know neighborhood engagement is important, and as I mentioned, it's very important to

377
00:21:19,840 --> 00:21:23,520
 our decision-making bodies, as well as staff.

378
00:21:23,520 --> 00:21:28,200
 And when developers have the opportunity to speak with residents up front, that kind of

379
00:21:28,200 --> 00:21:32,460
 minimizes some of the issues that may come up during a public hearing.

380
00:21:32,460 --> 00:21:36,240
 They can hear the concerns that community may have and be able to work some of those

381
00:21:36,240 --> 00:21:43,400
 things out beforehand and hopefully minimize any delays they may have with their projects.

382
00:21:43,400 --> 00:21:48,640
 So how do we incentivize our applicants to engage with the community?

383
00:21:48,640 --> 00:21:52,580
 That's a question we're going to discuss tonight.

384
00:21:52,580 --> 00:21:59,520
 So we are considering to offer incentives for developers that move into creating, establishing

385
00:21:59,520 --> 00:22:02,940
 a community engagement agreement with neighborhood representatives.

386
00:22:02,940 --> 00:22:09,480
 So a community engagement agreement is a document between an applicant, so it'll be with a developer,

387
00:22:09,480 --> 00:22:14,760
 an applicant and neighborhoods, and they will work together to try to figure out what does

388
00:22:14,760 --> 00:22:20,640
 the neighborhood want and what could the developer possibly provide, whether it's on-site or

389
00:22:20,640 --> 00:22:26,560
 off-site, and then in exchange for the developer, the applicant saying, "We'll take care of

390
00:22:26,560 --> 00:22:31,480
 these things you're in need of," residents will say, "We'll give their support on your

391
00:22:31,480 --> 00:22:32,480
 project."

392
00:22:32,480 --> 00:22:39,480
 So here's just a list of examples of some things that they may could discuss such as

393
00:22:39,480 --> 00:22:45,760
 providing job training classes, employment opportunities, affordable housing units, providing

394
00:22:45,760 --> 00:22:51,680
 open space within their site that the public could use, doing some screening and buffering

395
00:22:51,680 --> 00:22:57,000
 adjacent to the neighborhood, architectural designs, a number of different things that

396
00:22:57,000 --> 00:23:02,680
 the neighborhood could negotiate with the applicant to provide in exchange for them

397
00:23:02,680 --> 00:23:04,880
 supporting their project.

398
00:23:04,880 --> 00:23:07,120
 Here's just a couple of local examples.

399
00:23:07,120 --> 00:23:10,960
 You all may remember I wasn't here, but some of you may have been here when there was a

400
00:23:10,960 --> 00:23:13,000
 380 multifamily project.

401
00:23:13,000 --> 00:23:19,680
 The applicant did submit a memorandum of understanding with the neighborhood, the neighborhood was

402
00:23:19,680 --> 00:23:25,840
 requesting more architectural design to do more farmhouse design, and in exchange, they

403
00:23:25,840 --> 00:23:27,920
 did do that to developer.

404
00:23:27,920 --> 00:23:31,960
 They did come to agreement to be able to do those things, and then you also may also remember

405
00:23:31,960 --> 00:23:37,760
 the Woodrow multifamily project where they offered the community scholarships in support

406
00:23:37,760 --> 00:23:42,880
 of their development.

407
00:23:42,880 --> 00:23:46,260
 So this is just a starting list.

408
00:23:46,260 --> 00:23:50,220
 There may be other incentives we may, if this gets approved later down the line when we

409
00:23:50,220 --> 00:23:56,680
 come back, we may add more incentives, but just to start we were thinking that they could,

410
00:23:56,680 --> 00:24:03,680
 if they submit an executed agreement between the neighborhood and the applicant concurrent

411
00:24:03,680 --> 00:24:09,520
 submittal of zoning compliance plan as well as a civil engineering plan, and then also

412
00:24:09,520 --> 00:24:15,240
 insure, excuse me, of the clearing grade permit after the final plan has been approved.

413
00:24:15,240 --> 00:24:20,800
 So what were they, so the items that we have here that they will need in order for them

414
00:24:20,800 --> 00:24:26,080
 to receive the incentives, they need to submit that executed agreement, and the agreement

415
00:24:26,080 --> 00:24:32,120
 would be with 51%, we're going to require that they reach out to 51% of the property

416
00:24:32,120 --> 00:24:38,280
 owners within 500 feet of the project site, and then we're going to also ask them to get

417
00:24:38,280 --> 00:24:44,440
 unique signatures from 51% of property owners within the project site.

418
00:24:44,440 --> 00:24:51,840
 If there is an HOA within the neighborhood, they can choose to have the HOA represent

419
00:24:51,840 --> 00:24:54,920
 them when their negotiations with the applicant.

420
00:24:54,920 --> 00:24:58,760
 Can I stop you there?

421
00:24:58,760 --> 00:25:05,400
 I'm a little confused on the, like the neighborhood representative and who that would be and how

422
00:25:05,400 --> 00:25:09,040
 you would vet signatures and whatnot.

423
00:25:09,040 --> 00:25:10,040
 Can you help me there?

424
00:25:10,040 --> 00:25:13,760
 I mean, especially if they're, like a neighborhood doesn't have an HOA, then there's not really

425
00:25:13,760 --> 00:25:19,880
 a designated body running something in representation of the neighborhood.

426
00:25:19,880 --> 00:25:24,160
 We haven't discussed that part, but I'd imagine those addresses that we would send out the

427
00:25:24,160 --> 00:25:28,840
 notifications that we would still be responsible for helping the developer do that piece.

428
00:25:28,840 --> 00:25:32,680
 And on that sign-in sheet where they will sign and say, "We agree to this project.

429
00:25:32,680 --> 00:25:36,160
 We agree to the needs that we've negotiated."

430
00:25:36,160 --> 00:25:40,640
 There would need to be, that's why I was saying, unique signature and address tied to those

431
00:25:40,640 --> 00:25:45,080
 that list, that's what I'm thinking that'll do, I don't know if Tina has any other thoughts

432
00:25:45,080 --> 00:25:46,600
 on how we would verify.

433
00:25:46,600 --> 00:25:51,880
 Yes, just like we do on any zoning cases that you all receive, when we receive letters in

434
00:25:51,880 --> 00:25:56,600
 opposition or in support, we look to see, okay, are they within the 200 foot notification

435
00:25:56,600 --> 00:26:00,160
 that we do in addition to the 500 foot postcards that we send out.

436
00:26:00,160 --> 00:26:04,240
 So this process really is no different than what we do on our zoning cases.

437
00:26:04,240 --> 00:26:08,880
 The other thing I want to make mention is, and it's on the slide, but Tisha didn't mention

438
00:26:08,880 --> 00:26:13,520
 in her words that this agreement option would be submitted concurrently only with zoning

439
00:26:13,520 --> 00:26:16,760
 changes or specific use permit applications.

440
00:26:16,760 --> 00:26:22,800
 Once properties are already entitled, there's no incentive for the developer to further

441
00:26:22,800 --> 00:26:25,300
 meet because they already have their zoning entitlement rights.

442
00:26:25,300 --> 00:26:31,480
 So we're trying to further strengthen our engagement process and help provide some incentive

443
00:26:31,480 --> 00:26:36,560
 for the development community to be able to engage with those neighborhoods.

444
00:26:36,560 --> 00:26:40,440
 And so we're limiting this to zoning change requests or specific use permits.

445
00:26:40,440 --> 00:26:44,000
 So those zoning change requests are like plan development district requests that we get,

446
00:26:44,000 --> 00:26:48,920
 straight zoning requests, PD overlays that sometimes come through, specific use permits.

447
00:26:48,920 --> 00:26:54,400
 Those are all forms of a zoning action where the developer has to go through that entitlement

448
00:26:54,400 --> 00:27:00,400
 process because they're ultimately trying to get to approval, right?

449
00:27:00,400 --> 00:27:03,640
 And we'd always encourage them to engage with the neighborhoods.

450
00:27:03,640 --> 00:27:08,920
 So we were like, okay, what could we do to help with incentivizing them to engage with

451
00:27:08,920 --> 00:27:11,040
 those neighborhoods just a little bit more?

452
00:27:11,040 --> 00:27:15,720
 And so the other thing we've decided to focus on those items where we can control that process

453
00:27:15,720 --> 00:27:16,720
 in terms of those incentives.

454
00:27:16,720 --> 00:27:21,040
 And that's why we've linked it to our zoning compliance plan being processed simultaneously

455
00:27:21,040 --> 00:27:22,560
 with civil engineering plans.

456
00:27:22,560 --> 00:27:27,720
 Our preference normally is that those are kept apart and someone does their zoning compliance

457
00:27:27,720 --> 00:27:28,720
 plan first.

458
00:27:28,720 --> 00:27:33,600
 And then once they get that step approved, then they come in with their civils.

459
00:27:33,600 --> 00:27:34,600
 That's our preference.

460
00:27:34,600 --> 00:27:38,440
 However, we find that if someone's going to go through the effort of truly engaging with

461
00:27:38,440 --> 00:27:43,720
 the neighborhood and in helping come into a better design project and having agreement,

462
00:27:43,720 --> 00:27:48,080
 then what can we do to be able to help on the development side of it to maybe gain a

463
00:27:48,080 --> 00:27:49,640
 little bit of that time back.

464
00:27:49,640 --> 00:27:53,040
 The other that we think will really be popular with the development community is the issuance

465
00:27:53,040 --> 00:27:57,880
 of the clearing grade permit prior to final plan approval, but provided that the civil

466
00:27:57,880 --> 00:28:02,280
 engineering plans have been approved.

467
00:28:02,280 --> 00:28:06,560
 We will not issue a clearing grade permit today until those CEPs have been approved.

468
00:28:06,560 --> 00:28:11,280
 And we typically require the final plat to be recorded, but we feel like we have other

469
00:28:11,280 --> 00:28:15,760
 safeguards in place where this is something that we can offer up to be able to allow someone

470
00:28:15,760 --> 00:28:23,120
 to start moving dirt on property in exchange for them taking that extra time to make sure

471
00:28:23,120 --> 00:28:25,920
 they engage with the community.

472
00:28:25,920 --> 00:28:33,680
 It seems slightly scary to allow a clearing grade permit without a final plat and okay.

473
00:28:33,680 --> 00:28:34,680
 Right.

474
00:28:34,680 --> 00:28:40,480
 So it is, we believe that we have enough other checks and balances in place to be able to

475
00:28:40,480 --> 00:28:41,480
 address it.

476
00:28:41,480 --> 00:28:45,120
 And the key thing is the civil engineering plans have to be approved because if the civil

477
00:28:45,120 --> 00:28:48,600
 engineering plans are not approved, then we're not going to turn anybody loose to start moving

478
00:28:48,600 --> 00:28:49,600
 any dirt.

479
00:28:49,600 --> 00:28:51,200
 I mean, that's what it comes down to.

480
00:28:51,200 --> 00:28:52,200
 Okay.

481
00:28:52,200 --> 00:28:53,200
 Questions?

482
00:28:53,200 --> 00:28:54,200
 Commissioner Pruitt.

483
00:28:54,200 --> 00:28:55,200
 Thank you, Chair.

484
00:28:55,200 --> 00:28:58,640
 Just a few things.

485
00:28:58,640 --> 00:29:05,480
 So one on the clearing grade permit question, it says, you know, erosion control and tree

486
00:29:05,480 --> 00:29:10,560
 protection fencing have been installed and expected.

487
00:29:10,560 --> 00:29:15,860
 I believe final plat, one of the requirements is the tree preservation plan, and that flows

488
00:29:15,860 --> 00:29:18,000
 into which trees get protected.

489
00:29:18,000 --> 00:29:25,960
 So is the proposal that we could allow that clearing grade permit after the tree preservation

490
00:29:25,960 --> 00:29:32,960
 plan has been submitted and that fencing is erected, but before the final plat is filed?

491
00:29:32,960 --> 00:29:38,360
 So the, in order for us to approve the civil engineering plans, we make sure, and Haley,

492
00:29:38,360 --> 00:29:42,560
 correct me if I'm wrong, but before we approve those civil engineering plans, we make sure

493
00:29:42,560 --> 00:29:47,920
 that the tree preservation has also been approved because we realize that those go hand in hand,

494
00:29:47,920 --> 00:29:53,800
 so as we review civil engineering plans, if there are grading changes that are being made

495
00:29:53,800 --> 00:29:57,840
 or utility easements that are being shifted that are gonna impact trees that were originally

496
00:29:57,840 --> 00:30:01,600
 designated for preservation, then we have the applicant update their tree preservation

497
00:30:01,600 --> 00:30:03,980
 plan because they still have that responsibility.

498
00:30:03,980 --> 00:30:07,640
 So that's why we make sure that the tree preservation, that will still be addressed.

499
00:30:07,640 --> 00:30:11,400
 It still has to be approved before those CEPs are approved.

500
00:30:11,400 --> 00:30:15,360
 The other thing we do is we also make sure that that tree protection fencing is in place

501
00:30:15,360 --> 00:30:20,760
 and has been inspected because we're, and that's part of our process today.

502
00:30:20,760 --> 00:30:25,720
 So we're just making sure that you don't get to go pass go and start moving dirt unless

503
00:30:25,720 --> 00:30:28,720
 you've got your tree protection fencing installed.

504
00:30:28,720 --> 00:30:30,880
 So that's just a reaffirmation of what we do today.

505
00:30:30,880 --> 00:30:31,880
 - Okay.

506
00:30:31,880 --> 00:30:37,200
 And then I guess two questions about sort of the thresholds of engagement.

507
00:30:37,200 --> 00:30:44,480
 Can you explain what the thought is to focus on property owners instead of residents or

508
00:30:44,480 --> 00:30:48,440
 business proprietors within that area?

509
00:30:48,440 --> 00:30:55,080
 - We did, initially we were thinking what she mentioned earlier was HOAs, but understanding

510
00:30:55,080 --> 00:31:00,880
 that some neighborhoods don't have one, they don't even have a organized group.

511
00:31:00,880 --> 00:31:05,320
 So then we switched and said maybe we just focus on the property owners.

512
00:31:05,320 --> 00:31:06,320
 - Okay.

513
00:31:06,320 --> 00:31:13,440
 There's a lot of times we get proposals that are nearby to many residents that are not

514
00:31:13,440 --> 00:31:14,600
 property owners.

515
00:31:14,600 --> 00:31:19,840
 So I'm not saying that that should be changed, I was just curious whether that had come up.

516
00:31:19,840 --> 00:31:28,360
 And then can you explain the threshold of 51%, the way it reads it looks like 51% of

517
00:31:28,360 --> 00:31:35,140
 the number of property owners, which is a little different than the 20% of land area

518
00:31:35,140 --> 00:31:39,880
 within the perimeter, and then the 51% is different than the 20%, right?

519
00:31:39,880 --> 00:31:45,880
 So I'm just trying to understand what the thought is, where we came up with that proposal.

520
00:31:45,880 --> 00:31:50,720
 - Do you want me to address that or do you want...

521
00:31:50,720 --> 00:31:53,720
 - I almost get right to you, but...

522
00:31:53,720 --> 00:31:54,720
 - Go right ahead.

523
00:31:54,720 --> 00:31:55,720
 Go right ahead.

524
00:31:55,720 --> 00:31:59,920
 - 51%, that's the energy, I mean energy, that's the industry standard, it's the majority.

525
00:31:59,920 --> 00:32:02,440
 And then what was that a part of your question?

526
00:32:02,440 --> 00:32:10,720
 Is the fact that this language seems like it's the majority of the people who own property

527
00:32:10,720 --> 00:32:17,440
 within that border, as opposed to the people who represent the majority of the land within

528
00:32:17,440 --> 00:32:25,360
 the border, which is the way the triggering language in state law requires super majority

529
00:32:25,360 --> 00:32:29,160
 vote at council, for instance, if they're above a 20% denial, right?

530
00:32:29,160 --> 00:32:30,680
 - Do you want to...

531
00:32:30,680 --> 00:32:31,680
 - Sure thing.

532
00:32:31,680 --> 00:32:33,040
 - That's a great question.

533
00:32:33,040 --> 00:32:39,800
 So we were focusing on the residents themselves that had the ownership, but you make a good

534
00:32:39,800 --> 00:32:46,160
 point that right now on the 200 foot notification, for example, what triggers the super majority

535
00:32:46,160 --> 00:32:51,040
 vote at city council is based upon 20% of the ownership within the notification area.

536
00:32:51,040 --> 00:32:59,800
 So if that's something that the commission is interested in us modifying, we can do that.

537
00:32:59,800 --> 00:33:01,020
 Just need that direction from you.

538
00:33:01,020 --> 00:33:09,960
 So if you believe that the property owners that represent 51% or more of the area within

539
00:33:09,960 --> 00:33:19,280
 the 500 foot boundary need to be the ones that are carrying heavier weight, I guess,

540
00:33:19,280 --> 00:33:24,040
 in the decision-making process, that's something that we can definitely look into.

541
00:33:24,040 --> 00:33:29,080
 Our challenge is we have the 200 foot rule that we have to abide by state law, but we

542
00:33:29,080 --> 00:33:35,560
 also send out the courtesy postcards to all residents or I guess their utility bill holders

543
00:33:35,560 --> 00:33:39,960
 within 500 feet, because we recognize that we have some folks that are not owners of

544
00:33:39,960 --> 00:33:40,960
 the land, right?

545
00:33:40,960 --> 00:33:41,960
 They're renters.

546
00:33:41,960 --> 00:33:44,220
 They don't own the unit that they live within.

547
00:33:44,220 --> 00:33:48,520
 So we were trying to draw some parallels there, hence why we laid it on the 500 feet, trying

548
00:33:48,520 --> 00:33:51,840
 to go further out to be able to engage the neighborhood.

549
00:33:51,840 --> 00:33:55,800
 But happy to receive, if there's concurrence from the commission for us to change that

550
00:33:55,800 --> 00:34:03,920
 to be focused on 51% of ownership representative of the land area within the 500 foot zone,

551
00:34:03,920 --> 00:34:05,480
 then we're happy to do that.

552
00:34:05,480 --> 00:34:07,400
 And that's why we're having this discussion with you.

553
00:34:07,400 --> 00:34:08,400
 Sure.

554
00:34:08,400 --> 00:34:09,400
 Yeah.

555
00:34:09,400 --> 00:34:15,240
 I mean, I was just curious where the proposal came from primarily.

556
00:34:15,240 --> 00:34:22,740
 I think the land ownership rule, while it's codified in state law, is limiting and confusing

557
00:34:22,740 --> 00:34:28,480
 and gets us into situations where there's a large number of people that don't have

558
00:34:28,480 --> 00:34:34,880
 control over very much of the perimeter of the land or the opposite, right?

559
00:34:34,880 --> 00:34:41,120
 So my preference, I guess, from a community engagement perspective would be the number

560
00:34:41,120 --> 00:34:51,000
 of residents or business operators within that area and not to be land.

561
00:34:51,000 --> 00:34:58,040
 But I want to be sensitive that part of the reason for doing this is to make sure they

562
00:34:58,040 --> 00:35:06,000
 have an increased success rate, if you will, that there's general agreement once it comes

563
00:35:06,000 --> 00:35:08,540
 to planning and zoning and then council.

564
00:35:08,540 --> 00:35:14,640
 So I don't want to suggest that we do something that then gives you less of a confidence in

565
00:35:14,640 --> 00:35:15,640
 that manner.

566
00:35:15,640 --> 00:35:16,640
 Does that make sense?

567
00:35:16,640 --> 00:35:17,640
 I think so.

568
00:35:17,640 --> 00:35:18,640
 So yeah.

569
00:35:18,640 --> 00:35:25,960
 And then the last thing, it just flew out of my head, oh, yes.

570
00:35:25,960 --> 00:35:32,320
 In drafting these rules, were there current or previous developers that we reached out

571
00:35:32,320 --> 00:35:40,960
 to to try to understand whether the thresholds and the incentives were a package that would

572
00:35:40,960 --> 00:35:42,760
 be enticing to them?

573
00:35:42,760 --> 00:35:50,040
 We haven't spoken to anyone specifically about this specific but what kind of prompt this

574
00:35:50,040 --> 00:35:54,360
 was a member of an understanding I mentioned previously from that developer that actually

575
00:35:54,360 --> 00:36:00,320
 was successfully worked out a deal with the community to change their architectural standards.

576
00:36:00,320 --> 00:36:05,880
 So that was a question that we thought was going to be asked and we haven't yet, but

577
00:36:05,880 --> 00:36:06,880
 we can.

578
00:36:06,880 --> 00:36:07,880
 Yeah.

579
00:36:07,880 --> 00:36:10,040
 Keshia, this is kind of in brainstorming stage still, isn't it?

580
00:36:10,040 --> 00:36:11,040
 Right?

581
00:36:11,040 --> 00:36:12,040
 Yes.

582
00:36:12,040 --> 00:36:16,720
 So I guess one correction, we did reach out to Amy Bassett because she's done a fair amount

583
00:36:16,720 --> 00:36:20,640
 of engagement, particularly because in Keshia's side of this on, I think it was her previous

584
00:36:20,640 --> 00:36:26,560
 slide, when we had that multifamily request, I believe it was Mia's zoning case, the 380

585
00:36:26,560 --> 00:36:27,560
 multifamily project.

586
00:36:27,560 --> 00:36:32,320
 If you recall, Amy mentioned we had a memorandum of understanding.

587
00:36:32,320 --> 00:36:38,960
 And in that particular example, I believe it was the HOA representatives were negotiating

588
00:36:38,960 --> 00:36:42,020
 on behalf of the neighborhood, but that's the project that started out where they were

589
00:36:42,020 --> 00:36:46,000
 trying to rezone a portion of property at MN so they could get the access and then council

590
00:36:46,000 --> 00:36:49,160
 sent it back and was interested in more of a planned development district.

591
00:36:49,160 --> 00:36:52,880
 And so they pulled all of the property in and then they were able to work with the nearby

592
00:36:52,880 --> 00:36:56,920
 neighborhood and Amy had come forth with that memorandum of understanding.

593
00:36:56,920 --> 00:37:00,440
 And so we were like, okay, how can we build upon that?

594
00:37:00,440 --> 00:37:03,800
 If that seemed to be very well received from the Planning and Zoning Commission as well

595
00:37:03,800 --> 00:37:08,560
 as particularly council, so we're like, okay, maybe she's onto something here and how can

596
00:37:08,560 --> 00:37:15,000
 we build upon that and be able to put something in our development code that would possibly

597
00:37:15,000 --> 00:37:17,040
 entice others to do something similar?

598
00:37:17,040 --> 00:37:18,040
 Okay.

599
00:37:18,040 --> 00:37:23,800
 Yeah, I think it looks like a good first start.

600
00:37:23,800 --> 00:37:34,640
 My only real comment that doesn't seem incorporated is a way to make sure that this is feasible

601
00:37:34,640 --> 00:37:38,960
 for smaller developments and smaller zoning changes, if you will.

602
00:37:38,960 --> 00:37:44,440
 For instance, if you're talking about a 500 foot border, that's 10 neighbors on either

603
00:37:44,440 --> 00:37:49,440
 side, that's like 100 neighbors that you have to talk to.

604
00:37:49,440 --> 00:37:56,080
 And if you're just doing a single or a two lot rezoning, that seems burdensome, a little

605
00:37:56,080 --> 00:38:03,080
 bit more than what the area might be, but just a thought, so thank you.

606
00:38:03,080 --> 00:38:06,880
 Okay, before we move on, do you have more of your presentation?

607
00:38:06,880 --> 00:38:07,880
 Yes.

608
00:38:07,880 --> 00:38:12,120
 Why don't I let you continue and then just write your questions down just so we don't

609
00:38:12,120 --> 00:38:15,920
 get too bogged down before she has told us everything, because a lot of things might

610
00:38:15,920 --> 00:38:17,400
 be answered on the next slide.

611
00:38:17,400 --> 00:38:23,520
 So just want to discuss briefly the limitations.

612
00:38:23,520 --> 00:38:28,000
 So agreements, when they're submitted to us, they must clearly state the terms and conditions

613
00:38:28,000 --> 00:38:32,400
 for the timeframe, but when those performance commitments are going to be made, they cannot

614
00:38:32,400 --> 00:38:36,200
 conflict with any other regulatory documents within the city.

615
00:38:36,200 --> 00:38:44,200
 The city will not be enforcing them, however, if we do hear that the developer has failed

616
00:38:44,200 --> 00:38:49,040
 to perform or defaulted on what they promised the neighborhood, that may impact their ability

617
00:38:49,040 --> 00:38:55,480
 to apply for eligible for centers in the future.

618
00:38:55,480 --> 00:38:59,280
 So neighbor engagement, so we mentioned earlier in our conversation, and we know it's very

619
00:38:59,280 --> 00:39:05,000
 important in our community, so we will continue to, citizen participation that's already in

620
00:39:05,000 --> 00:39:10,480
 the code, we will still follow those and still encourage our developers to have those neighborhood

621
00:39:10,480 --> 00:39:11,480
 meetings.

622
00:39:11,480 --> 00:39:17,040
 But one thing we've done recently is we've created a flyer to help developers when they're

623
00:39:17,040 --> 00:39:21,240
 communicating with neighborhood residents about their projects.

624
00:39:21,240 --> 00:39:25,720
 And so we're planning to get this posted on our website as well as be available at our

625
00:39:25,720 --> 00:39:30,680
 front desk and during pre-application meetings and wherever else we find that it could be

626
00:39:30,680 --> 00:39:38,800
 a resource for our developer community.

627
00:39:38,800 --> 00:39:42,440
 That concludes my presentation, I'm open for questions.

628
00:39:42,440 --> 00:39:49,760
 So knowing this is just in like brainstorming capacity and all that, do you have a timeline

629
00:39:49,760 --> 00:39:52,040
 of other, like what you want to do from here?

630
00:39:52,040 --> 00:39:55,920
 I mean, we're just talking about it now, okay, so here we go.

631
00:39:55,920 --> 00:39:56,920
 Yes.

632
00:39:56,920 --> 00:40:01,880
 So tonight we want to get your feedback, we'll go back and discuss some of the comments and

633
00:40:01,880 --> 00:40:06,400
 items that you've asked us to look into, but we're planning to bring it back to you for

634
00:40:06,400 --> 00:40:11,480
 a public hearing July 17 and council August 6th.

635
00:40:11,480 --> 00:40:12,480
 For action then?

636
00:40:12,480 --> 00:40:13,480
 Yes.

637
00:40:13,480 --> 00:40:14,480
 Understood.

638
00:40:14,480 --> 00:40:15,480
 Okay.

639
00:40:15,480 --> 00:40:16,480
 Question, Commissioner Thacker.

640
00:40:16,480 --> 00:40:21,300
 So I've got a few questions, sorry.

641
00:40:21,300 --> 00:40:26,000
 So what happens in the event that the HOA representative isn't actually living within

642
00:40:26,000 --> 00:40:30,080
 500 feet of the change, right?

643
00:40:30,080 --> 00:40:33,360
 So if you have a neighborhood and you have a representative that lives on the other side

644
00:40:33,360 --> 00:40:37,960
 of the neighborhood and they're the acting decision maker, but they don't have to look

645
00:40:37,960 --> 00:40:43,680
 at it, I think that's something maybe to be considered, right?

646
00:40:43,680 --> 00:40:47,280
 The other thing I wanted to ask is who determines what the greatest need of the neighborhood

647
00:40:47,280 --> 00:40:48,280
 is?

648
00:40:48,280 --> 00:40:49,280
 And that's a twofold issue.

649
00:40:49,280 --> 00:40:56,560
 Number one, you want to make sure that, you know, it's whatever is going to benefit the

650
00:40:56,560 --> 00:40:58,240
 neighborhood the most, right?

651
00:40:58,240 --> 00:41:01,840
 And sorry, something just flew out of my head.

652
00:41:01,840 --> 00:41:07,200
 I think it could also, the other part was I think it could also further delay development.

653
00:41:07,200 --> 00:41:10,380
 So if you're trying to get consensus with everybody in the neighborhood and everybody

654
00:41:10,380 --> 00:41:14,620
 starts out thinking, "Oh, well, I think we should really press for an architectural facade

655
00:41:14,620 --> 00:41:18,880
 of a certain building," and then another group is like, "Yeah, we thought about that, but

656
00:41:18,880 --> 00:41:22,520
 maybe we should also do this," meanwhile the developer is sitting there waiting to decide

657
00:41:22,520 --> 00:41:25,680
 whether or not he's even going to be able to break ground.

658
00:41:25,680 --> 00:41:28,680
 And I think in an attempt to make something go faster, we could actually be making it

659
00:41:28,680 --> 00:41:31,480
 go much slower.

660
00:41:31,480 --> 00:41:39,240
 And then finally, you know, getting 51% of a group of people to agree to something, you

661
00:41:39,240 --> 00:41:43,320
 hope that the other 49% are just, you know, don't care, right?

662
00:41:43,320 --> 00:41:48,620
 But if they do care and you're setting 51% of a group of people against 49% of a group

663
00:41:48,620 --> 00:41:54,400
 of people that live right across the street from each other, then you have an issue.

664
00:41:54,400 --> 00:41:57,720
 So those are just things I think maybe we need to consider.

665
00:41:57,720 --> 00:42:02,080
 It's one thing for, I don't know, you know, a council to be divided.

666
00:42:02,080 --> 00:42:06,960
 It's another thing for a neighborhood that lives right across the street from each other

667
00:42:06,960 --> 00:42:11,540
 to not get along because they decided to take a different approach and vote a different

668
00:42:11,540 --> 00:42:13,520
 way on how this is organized.

669
00:42:13,520 --> 00:42:20,400
 >> If I could offer a response to that, so this really isn't any different than present

670
00:42:20,400 --> 00:42:28,000
 day, right, from a standpoint of developer goes and engages with neighborhood and is

671
00:42:28,000 --> 00:42:33,440
 dealing with a group of folks that may have differing opinions.

672
00:42:33,440 --> 00:42:34,440
 And we saw that.

673
00:42:34,440 --> 00:42:36,520
 The St. Mark's zoning case is a good example of that.

674
00:42:36,520 --> 00:42:41,280
 We had some folks who, you know, some people were saying, well, you know, the neighborhood

675
00:42:41,280 --> 00:42:45,400
 park is used heavily and others were saying, well, no, it's not really.

676
00:42:45,400 --> 00:42:49,400
 And yes, we've got these concerns in the neighborhood but others are saying, you know, no, it might.

677
00:42:49,400 --> 00:42:56,200
 So any neighborhood engagement potentially has differing viewpoints being expressed.

678
00:42:56,200 --> 00:43:03,520
 So you know, the HOA representative, to your point, if they don't live within the 500 feet,

679
00:43:03,520 --> 00:43:08,380
 that's up to the neighborhood residents themselves to decide if they want the HOA to represent

680
00:43:08,380 --> 00:43:10,680
 them or who from their HOA.

681
00:43:10,680 --> 00:43:15,320
 You know, not all neighborhoods in Denton have HOA representation.

682
00:43:15,320 --> 00:43:19,240
 So it's really the neighbors themselves, we're trying to put the power in the neighborhoods

683
00:43:19,240 --> 00:43:24,200
 for them to decide who is going to speak and represent them.

684
00:43:24,200 --> 00:43:29,040
 It's also, you know, but that's no different today when developer comes and is trying to

685
00:43:29,040 --> 00:43:34,920
 engage with the neighborhood and, you know, who's going to lead the discussions with the

686
00:43:34,920 --> 00:43:35,920
 developer.

687
00:43:35,920 --> 00:43:41,920
 So, you know, for us to try and put forth an opportunity for an agreement, you know,

688
00:43:41,920 --> 00:43:46,160
 we had to establish some sort of parameters and we had a fair amount of conversation on

689
00:43:46,160 --> 00:43:52,200
 this last week also because previously we didn't set a geographic area to it.

690
00:43:52,200 --> 00:43:55,360
 But to your point, it's like, okay, well, then who all gets to participate, right?

691
00:43:55,360 --> 00:44:03,720
 So we decided, all right, we need to define a geographic area to represent who is in support

692
00:44:03,720 --> 00:44:08,000
 or not at least for when it comes to this agreement.

693
00:44:08,000 --> 00:44:11,360
 Doing all of this neighborhood engagement, yes, it does lengthen process.

694
00:44:11,360 --> 00:44:13,600
 I mean, we've seen that with projects.

695
00:44:13,600 --> 00:44:17,320
 This had spoken to that as well when she did the memorandum of understanding.

696
00:44:17,320 --> 00:44:23,160
 I think they did 14 months worth of public engagement that, you know, she was -- their

697
00:44:23,160 --> 00:44:26,120
 team was going to be doing that public engagement regardless, right?

698
00:44:26,120 --> 00:44:31,960
 So, you know, they're -- in talking with her, and I'm not trying to put words in her mouth,

699
00:44:31,960 --> 00:44:35,960
 but the way that we understood it from our conversations with her is that there is an

700
00:44:35,960 --> 00:44:40,520
 opportunity then if we're going to go through this extensive public engagement process and

701
00:44:40,520 --> 00:44:45,360
 really try to be responsive to the neighborhood, is there something that we could potentially

702
00:44:45,360 --> 00:44:51,880
 get in return to offset the length of time that might have been spent?

703
00:44:51,880 --> 00:44:55,360
 So for us, that's why we looked at from a process standpoint, what can we offer from

704
00:44:55,360 --> 00:44:56,360
 a process?

705
00:44:56,360 --> 00:45:00,360
 And so, you know, hence the clearing grade, we get requests all the time on a regular

706
00:45:00,360 --> 00:45:01,360
 basis.

707
00:45:01,360 --> 00:45:02,360
 Can we get under construction sooner?

708
00:45:02,360 --> 00:45:04,000
 Can we move dirt sooner?

709
00:45:04,000 --> 00:45:09,480
 So we're like, okay, maybe we leverage that clearing grade permit to encourage folks to

710
00:45:09,480 --> 00:45:14,080
 -- or to encourage the development community to do the public engagement.

711
00:45:14,080 --> 00:45:18,680
 And we tell them on a regular basis, and I bet, you know, my -- the peanut gallery in

712
00:45:18,680 --> 00:45:20,600
 the back there would all shake their heads, yes.

713
00:45:20,600 --> 00:45:24,440
 You know, when we do pre-application conferences with people, we tell them, look, it's imperative

714
00:45:24,440 --> 00:45:28,320
 you engage the neighborhood or, you know, especially anything near ranch estates.

715
00:45:28,320 --> 00:45:31,960
 We know some of the challenges there, the Denia neighborhood, right?

716
00:45:31,960 --> 00:45:36,280
 But all the neighborhoods, we tell folks, make sure you engage the neighborhoods.

717
00:45:36,280 --> 00:45:41,400
 Do your public engagement efforts, and, you know, we've seen some applicants come before

718
00:45:41,400 --> 00:45:45,620
 the Planning and Zoning Commission who did not do any engagement despite what we told

719
00:45:45,620 --> 00:45:49,440
 them to, and you all sent them packing and said, go back and go do the neighborhood engagement

720
00:45:49,440 --> 00:45:51,320
 before you come back with your request.

721
00:45:51,320 --> 00:45:55,800
 So we're -- you know, we continue to push on that front, but our thought was, what can

722
00:45:55,800 --> 00:46:02,760
 we do to help better support in -- and encourage that development community to do the neighborhood

723
00:46:02,760 --> 00:46:03,760
 engagement?

724
00:46:03,760 --> 00:46:07,240
 And so that's why we thought, you know, there might be some value to putting this in there.

725
00:46:07,240 --> 00:46:11,160
 You know, right now we have in the code the Citizen Participation Plan, but nobody utilizes

726
00:46:11,160 --> 00:46:12,160
 it.

727
00:46:12,160 --> 00:46:14,440
 It's all encouraged and recommendations, right?

728
00:46:14,440 --> 00:46:17,960
 So it was like, okay, what can we do just to help entice the development community to

729
00:46:17,960 --> 00:46:22,280
 give them something in exchange for doing the neighborhood engagement?

730
00:46:22,280 --> 00:46:27,880
 Just as a follow up -- Sure.

731
00:46:27,880 --> 00:46:33,320
 -- what happens in the event that they go so far as to entertain this idea until they

732
00:46:33,320 --> 00:46:36,680
 get the permit, and then, you know, they're left in the dust, the neighborhoods left in

733
00:46:36,680 --> 00:46:38,040
 the dust?

734
00:46:38,040 --> 00:46:39,040
 So that's a great question.

735
00:46:39,040 --> 00:46:42,040
 Keisha, do you want to take a first attempt at that, or do you want me to?

736
00:46:42,040 --> 00:46:44,080
 I think that was on the previous slide where they would --

737
00:46:44,080 --> 00:46:45,080
 Yeah, it was on the slide.

738
00:46:45,080 --> 00:46:46,080
 Yeah, where they would not be entitled.

739
00:46:46,080 --> 00:46:51,160
 We're not going to enforce, but we do -- we are proposing to add in here.

740
00:46:51,160 --> 00:46:57,680
 If we hear that the developer did not do what they said they were going to do, that that

741
00:46:57,680 --> 00:47:01,200
 would impact their ability to apply for incentives in the future.

742
00:47:01,200 --> 00:47:02,200
 Okay.

743
00:47:02,200 --> 00:47:07,320
 Is there -- to anyone else, is there just the mildest hint that we're trying to like

744
00:47:07,320 --> 00:47:09,360
 legislate behavior here?

745
00:47:09,360 --> 00:47:12,480
 Sorry, I just didn't -- No, you're good.

746
00:47:12,480 --> 00:47:13,480
 Okay.

747
00:47:13,480 --> 00:47:14,480
 I'm going to let somebody else speak.

748
00:47:14,480 --> 00:47:15,480
 Commissioner Cole.

749
00:47:15,480 --> 00:47:16,480
 Thank you, Chair.

750
00:47:16,480 --> 00:47:21,140
 I mean, this, in my mind, is a solution looking for a problem.

751
00:47:21,140 --> 00:47:23,200
 We already go through this.

752
00:47:23,200 --> 00:47:31,040
 I mean, this is just adding a process -- we are already the most process-heavy municipality

753
00:47:31,040 --> 00:47:38,120
 in development in the Metroplex, if not the state, of our size.

754
00:47:38,120 --> 00:47:41,920
 And this is adding another hurdle.

755
00:47:41,920 --> 00:47:48,640
 And I mean, if we let neighborhoods veto development, it would still be like we were in 1963.

756
00:47:48,640 --> 00:47:54,680
 Well, I don't think this necessarily -- I realize that, but I'm getting extraordinary

757
00:47:54,680 --> 00:48:01,800
 a little bit on my -- but I just think this is a redundancy that's unnecessary.

758
00:48:01,800 --> 00:48:06,760
 Why would we make it more difficult for someone to develop?

759
00:48:06,760 --> 00:48:10,040
 I mean, we already are difficult.

760
00:48:10,040 --> 00:48:13,600
 We already have this long process.

761
00:48:13,600 --> 00:48:15,360
 Why would we add onto it?

762
00:48:15,360 --> 00:48:19,180
 We already take these things into consideration; there's just no teeth in it.

763
00:48:19,180 --> 00:48:24,200
 I guess maybe this adds teeth to that.

764
00:48:24,200 --> 00:48:27,000
 But we already do it.

765
00:48:27,000 --> 00:48:36,560
 And I'm just worried that we're just sitting here just going to wake up a year from now

766
00:48:36,560 --> 00:48:40,560
 and who's going to come in here and do a project?

767
00:48:40,560 --> 00:48:47,800
 I mean, some will, but we're -- I mean, we got Dinton-centric -- we got Dinton, small

768
00:48:47,800 --> 00:48:52,200
 business owners, that are construction companies that will not take a Dinton project.

769
00:48:52,200 --> 00:48:53,200
 Okay.

770
00:48:53,200 --> 00:48:54,200
 I don't want to get off-topic.

771
00:48:54,200 --> 00:48:55,200
 Okay.

772
00:48:55,200 --> 00:48:56,200
 Let's see.

773
00:48:56,200 --> 00:48:57,200
 Yeah, I agree.

774
00:48:57,200 --> 00:48:58,200
 Okay.

775
00:48:58,200 --> 00:48:59,320
 But I just think this is a solution looking for a problem.

776
00:48:59,320 --> 00:49:07,760
 I don't think this forces anybody to do anything, but what I didn't hear answered, and maybe

777
00:49:07,760 --> 00:49:12,620
 I missed it at the beginning, is why are we doing this?

778
00:49:12,620 --> 00:49:20,800
 Because we do -- I think since we have started to kind of press a little bit more to have

779
00:49:20,800 --> 00:49:26,140
 neighborhood engagement, I think we have had more neighborhood engagement.

780
00:49:26,140 --> 00:49:34,320
 So I'm trying to understand exactly, I mean, do we really think that we don't have enough

781
00:49:34,320 --> 00:49:39,660
 so that offering incentives is going to get more engagement?

782
00:49:39,660 --> 00:49:44,320
 Is that why we would be doing this?

783
00:49:44,320 --> 00:49:46,380
 So great question.

784
00:49:46,380 --> 00:49:52,720
 We are trying to help incentivize developers to make sure that they're going and engaging

785
00:49:52,720 --> 00:49:53,720
 the community.

786
00:49:53,720 --> 00:49:57,340
 At the end of the day, I mean, they don't have to.

787
00:49:57,340 --> 00:50:01,800
 This agreement would not prevent somebody from submitting a zoning application.

788
00:50:01,800 --> 00:50:06,240
 If they can still move forward with the zoning application, they could still come forth to

789
00:50:06,240 --> 00:50:10,320
 the Planning and Zoning Commission and Council without an agreement, right?

790
00:50:10,320 --> 00:50:16,500
 So it's just like today, you've had zoning cases in the past where you've taken action

791
00:50:16,500 --> 00:50:19,600
 on them and haven't had neighborhood agreement.

792
00:50:19,600 --> 00:50:25,800
 So it's not preventing anybody, to your point, with concerns about delaying somebody further.

793
00:50:25,800 --> 00:50:31,560
 So we were trying to offer an incentive that we know it's important from the Planning and

794
00:50:31,560 --> 00:50:34,600
 Zoning Commission, City Council, to engage the community.

795
00:50:34,600 --> 00:50:41,000
 So what can we offer to the development community that might help save them a little bit of

796
00:50:41,000 --> 00:50:44,320
 time on the backside for the engagement efforts that they've done?

797
00:50:44,320 --> 00:50:50,440
 So it is to get, you're thinking it's to get more engagement that you think we're not getting

798
00:50:50,440 --> 00:50:51,440
 currently?

799
00:50:51,440 --> 00:50:52,440
 Yes?

800
00:50:52,440 --> 00:50:53,440
 Correct.

801
00:50:53,440 --> 00:50:59,840
 Because, you know, and I think the other thing you have is people that are, people that want

802
00:50:59,840 --> 00:51:02,080
 to be engaged will be engaged, right?

803
00:51:02,080 --> 00:51:06,480
 If someone's truly concerned about a project, then they're the ones that are going to be

804
00:51:06,480 --> 00:51:07,480
 involved.

805
00:51:07,480 --> 00:51:12,760
 A lot of times we have projects that come forth where people don't care, right?

806
00:51:12,760 --> 00:51:17,120
 They're apathetic or they have no issue associated with it.

807
00:51:17,120 --> 00:51:23,000
 I would say we are a well-engaged community in that our residents are very interested

808
00:51:23,000 --> 00:51:24,000
 in what happens.

809
00:51:24,000 --> 00:51:28,520
 I mean, we've put forth a variety of different notification tools that we utilize to be able

810
00:51:28,520 --> 00:51:32,320
 to help the community understand what's happening near them.

811
00:51:32,320 --> 00:51:36,800
 I mean, we've done the website, right, where people can go in and put their information

812
00:51:36,800 --> 00:51:41,560
 and select a distance to get updates regarding any projects within a certain distance of

813
00:51:41,560 --> 00:51:42,560
 them, right?

814
00:51:42,560 --> 00:51:51,040
 So it's a means of, again, what can we do to possibly encourage the developer to do

815
00:51:51,040 --> 00:51:57,320
 more public engagement and in exchange for doing public engagement, then how can we help

816
00:51:57,320 --> 00:51:59,440
 you on the backside a little bit?

817
00:51:59,440 --> 00:52:03,440
 And about like being able to issue that clearing grade permit and then also processing those

818
00:52:03,440 --> 00:52:10,720
 zoning compliance plans and the CEPs concurrently might be an opportunity that helps extend

819
00:52:10,720 --> 00:52:14,080
 an olive branch to them for the troubles of their engagement, if you want to look at it

820
00:52:14,080 --> 00:52:15,080
 from that perspective.

821
00:52:15,080 --> 00:52:20,160
 Honestly, with the zoning compliance plan and CEPs, you're more savvy developers.

822
00:52:20,160 --> 00:52:24,720
 They will be the ones that will try to utilize that process.

823
00:52:24,720 --> 00:52:29,920
 I think for more complex sites, they'll probably split those apart, but where it really helps

824
00:52:29,920 --> 00:52:35,240
 them gain a little bit of time in our development approval process is by issuing that clearing

825
00:52:35,240 --> 00:52:40,840
 grade permit following the approval of the CEPs and I believe we need to correct our

826
00:52:40,840 --> 00:52:45,280
 slide because it said prior to final plan approval, I believe our intention was we were

827
00:52:45,280 --> 00:52:49,600
 going to have final plan approval, but prior to filing because right now we require that

828
00:52:49,600 --> 00:52:54,500
 plat to be filed before someone can go move dirt.

829
00:52:54,500 --> 00:53:00,480
 Many other communities allow for the final plat to be filed of record after all the public

830
00:53:00,480 --> 00:53:02,760
 improvements have been constructed.

831
00:53:02,760 --> 00:53:05,480
 That's where we are different from other communities.

832
00:53:05,480 --> 00:53:08,680
 The state statute does now allow for that.

833
00:53:08,680 --> 00:53:12,720
 We're trying to also work on making some updates to sub chapter two as a result of House Bill

834
00:53:12,720 --> 00:53:14,760
 3699.

835
00:53:14,760 --> 00:53:19,040
 That's taken us longer to be able to get through that process, but one of the things that came

836
00:53:19,040 --> 00:53:23,920
 out of the last legislative session is more flexibility on the platting side of things

837
00:53:23,920 --> 00:53:29,720
 where we can approve them administratively, also being able to approve extensions administratively

838
00:53:29,720 --> 00:53:32,840
 without having to put them on your agenda.

839
00:53:32,840 --> 00:53:40,360
 We're trying to utilize tools that we have that state law allows that might be an opportunity

840
00:53:40,360 --> 00:53:44,600
 to save someone time on their development process with us and using that.

841
00:53:44,600 --> 00:53:52,360
 I have to figure out like weighing the time of what are they really saving with those

842
00:53:52,360 --> 00:53:59,280
 incentives and what is it costing them to get these signatures and go through that part,

843
00:53:59,280 --> 00:54:07,080
 which makes it a little more complicated than we even have now, just engaging with the community.

844
00:54:07,080 --> 00:54:10,600
 >> Considering the presentation that was presented, is there any data that shows which pockets

845
00:54:10,600 --> 00:54:14,640
 of the community are more engaged than the other areas?

846
00:54:14,640 --> 00:54:17,840
 So more engaged versus more less engaged?

847
00:54:17,840 --> 00:54:22,840
 >> I don't think she had that on this slide.

848
00:54:22,840 --> 00:54:24,360
 >> We didn't present that information.

849
00:54:24,360 --> 00:54:28,160
 I'm not sure we can look and see if we have something and bring it back.

850
00:54:28,160 --> 00:54:32,800
 >> We know from experience certain things, which we could certainly share with you, just

851
00:54:32,800 --> 00:54:38,120
 from years of being here and seeing communities, but certainly can share with you.

852
00:54:38,120 --> 00:54:40,440
 Does anyone else have anything for Keisha right now?

853
00:54:40,440 --> 00:54:43,800
 >> I have a couple.

854
00:54:43,800 --> 00:54:48,000
 Going back to the best practices that were presented, was there any data that was used

855
00:54:48,000 --> 00:54:50,480
 or sourced to develop those best practices?

856
00:54:50,480 --> 00:54:51,480
 >> Yes.

857
00:54:51,480 --> 00:54:52,480
 Yes.

858
00:54:52,480 --> 00:54:58,520
 I can't call them off the top of my head, but yes, we did look at best practices, also

859
00:54:58,520 --> 00:55:03,760
 looked at various different what other cities have done to encourage development and just

860
00:55:03,760 --> 00:55:08,400
 their own personal experience interacting with the community and public engagement.

861
00:55:08,400 --> 00:55:11,760
 That's what we used to create that flyer.

862
00:55:11,760 --> 00:55:16,280
 >> Could you go back to the flyer if possible?

863
00:55:16,280 --> 00:55:21,040
 With that, if you do have data that demonstrates neighborhoods or pockets of the community

864
00:55:21,040 --> 00:55:29,600
 that are more highly engaged, it may be a point to explore if the recommendations could

865
00:55:29,600 --> 00:55:34,560
 include best practices for those neighborhoods that are more highly engaged and best practices

866
00:55:34,560 --> 00:55:39,360
 that are listed for those neighborhoods that aren't as highly engaged to determine, again,

867
00:55:39,360 --> 00:55:45,280
 if the point is to increase engagement, how can we better target those areas of the community

868
00:55:45,280 --> 00:55:47,160
 that aren't as engaged?

869
00:55:47,160 --> 00:55:48,680
 Is there something that we haven't considered?

870
00:55:48,680 --> 00:55:52,200
 Is there something that seems to work a little bit more?

871
00:55:52,200 --> 00:55:59,680
 On the best practices list, is there anything that suggests any written materials in different

872
00:55:59,680 --> 00:56:03,400
 languages that are reflective of the demographics of the communities?

873
00:56:03,400 --> 00:56:04,400
 >> Yes.

874
00:56:04,400 --> 00:56:05,400
 Yes, there is.

875
00:56:05,400 --> 00:56:11,920
 And even mentioned having a translator at meetings, if possible, if need be.

876
00:56:11,920 --> 00:56:12,920
 Yes.

877
00:56:12,920 --> 00:56:13,920
 >> Okay.

878
00:56:13,920 --> 00:56:17,960
 I'm just checking my list.

879
00:56:17,960 --> 00:56:22,320
 One of the other things I just want to state is while I recognize that there might be specific

880
00:56:22,320 --> 00:56:28,000
 challenges to what's being presented, I think that for me, what I see is education.

881
00:56:28,000 --> 00:56:31,880
 I think there is a comment that was made that those who want to engage will engage, but

882
00:56:31,880 --> 00:56:35,760
 we also have to consider that there may be those that don't know how to engage, and so

883
00:56:35,760 --> 00:56:41,160
 this could be the first type of possibility in which they can engage just by looking at

884
00:56:41,160 --> 00:56:42,160
 things a little bit differently.

885
00:56:42,160 --> 00:56:48,120
 And so I do think that their experiences are important to consider, and so I would stress

886
00:56:48,120 --> 00:56:53,200
 to kind of take the lens of this could be a possibility for education to increase that

887
00:56:53,200 --> 00:56:54,200
 civic engagement.

888
00:56:54,200 --> 00:56:55,200
 >> Thank you.

889
00:56:55,200 --> 00:56:56,200
 Thanks.

890
00:56:56,200 --> 00:56:57,200
 Commissioner Villareal.

891
00:56:57,200 --> 00:56:59,900
 >> Thank you, Chair, and thank you for the presentation.

892
00:56:59,900 --> 00:57:05,160
 I'm in favor of anything that improves and pushes for additional community engagement,

893
00:57:05,160 --> 00:57:07,240
 so thank you for putting this forward.

894
00:57:07,240 --> 00:57:13,160
 I do want to just -- I know this was mentioned briefly during the conversation with Vice

895
00:57:13,160 --> 00:57:21,840
 Chair Pruitt, but if we could perhaps change it from property owners to residents/business

896
00:57:21,840 --> 00:57:25,440
 proprietors, I would be in favor of that change.

897
00:57:25,440 --> 00:57:29,400
 I just wanted to go on the record and say I'm in favor of changing it to that.

898
00:57:29,400 --> 00:57:30,400
 Thank you.

899
00:57:30,400 --> 00:57:31,400
 >> Thank you.

900
00:57:31,400 --> 00:57:33,160
 >> And I'm not sure you can do residents, because I don't know that they would have

901
00:57:33,160 --> 00:57:41,520
 a legal stake in a signature, because a resident could be a tenant, and I don't know if a tenant

902
00:57:41,520 --> 00:57:42,520
 --

903
00:57:42,520 --> 00:57:43,520
 >> Okay.

904
00:57:43,520 --> 00:57:44,520
 >> Right.

905
00:57:44,520 --> 00:57:45,520
 Yeah.

906
00:57:45,520 --> 00:57:46,760
 >> That makes sense.

907
00:57:46,760 --> 00:57:50,260
 >> That's what comes off the top of my head when we're talking about like validating signatures,

908
00:57:50,260 --> 00:57:51,260
 you know?

909
00:57:51,260 --> 00:57:55,080
 I don't know exactly where that fits.

910
00:57:55,080 --> 00:58:03,560
 I think since none of us saw any of this until like right now, between now and when you want

911
00:58:03,560 --> 00:58:14,320
 us to actually take action, can we get this delivered to our email when you think it's

912
00:58:14,320 --> 00:58:20,320
 ready for us to look at so that we can maybe offer more comments and get a little bit better

913
00:58:20,320 --> 00:58:27,280
 hand, you know, it's kind of a lot in a very short amount of time, and, you know, everybody's

914
00:58:27,280 --> 00:58:33,800
 kind of putting things together in their head, and helpful to -- you know, it's hard for

915
00:58:33,800 --> 00:58:36,880
 us to give you direction on something that we're seeing for the first time.

916
00:58:36,880 --> 00:58:43,320
 I mean, that's how I feel, and from the varying questions and concerns, I'm not sure anybody's

917
00:58:43,320 --> 00:58:50,320
 ready to say, oh, we'll change this and do this because we just haven't wrapped our brains

918
00:58:50,320 --> 00:58:51,320
 around it.

919
00:58:51,320 --> 00:58:52,320
 >> Absolutely.

920
00:58:52,320 --> 00:58:53,320
 No, I see what you're saying.

921
00:58:53,320 --> 00:58:57,400
 And I know originally we thought we were -- let's see.

922
00:58:57,400 --> 00:59:02,920
 We might be able to have a draft ordinance to have in a work session discussion at the

923
00:59:02,920 --> 00:59:07,600
 next planning and zoning commission meeting to give you -- let us look at that.

924
00:59:07,600 --> 00:59:10,280
 But if we can do that, we'll try and do so.

925
00:59:10,280 --> 00:59:15,320
 Because we were trying to bring this for a public hearing in July, but it may be that

926
00:59:15,320 --> 00:59:20,360
 since we've got our second June meeting, maybe we can put it -- if our draft is in good shape,

927
00:59:20,360 --> 00:59:27,640
 we can put that on your agenda for a work session conversation, and so that way you

928
00:59:27,640 --> 00:59:31,880
 all can start looking at the language and seeing if there's anything that we need to

929
00:59:31,880 --> 00:59:36,480
 modify that might be of interest, and -- but, yeah, we'll definitely look into it.

930
00:59:36,480 --> 00:59:40,880
 >> And probably even just even the presentation, just having this again in front of us to be

931
00:59:40,880 --> 00:59:46,120
 able to read and reread, you know, where we can get with our thoughts and whatnot.

932
00:59:46,120 --> 00:59:47,120
 >> Sure.

933
00:59:47,120 --> 00:59:48,120
 >> Okay.

934
00:59:48,120 --> 00:59:49,120
 Commissioner Pruitt.

935
00:59:49,120 --> 00:59:54,720
 >> Briefly, I just want to summarize because I've rambled before.

936
00:59:54,720 --> 01:00:01,200
 Generally in favor, I hear the concerns and I share them about let's not slow things down.

937
01:00:01,200 --> 01:00:05,580
 The way I see this going is you're either going to have it onerous enough that nobody

938
01:00:05,580 --> 01:00:10,000
 still takes advantage of it and so it doesn't matter, right?

939
01:00:10,000 --> 01:00:17,800
 Or enticing enough that the projects where it makes financial sense to go through this

940
01:00:17,800 --> 01:00:21,440
 step will do it, right?

941
01:00:21,440 --> 01:00:30,880
 The concern I have along the line of are we creating a system where you kind of have to

942
01:00:30,880 --> 01:00:39,160
 do this to get it through council is that we already just by nature of how projects

943
01:00:39,160 --> 01:00:50,360
 go and the scale of financing incentivize larger projects that have a bigger impact

944
01:00:50,360 --> 01:00:53,400
 to the community.

945
01:00:53,400 --> 01:01:02,420
 And I'd like to make sure that as we do this, we make it a more equitable process from a

946
01:01:02,420 --> 01:01:10,160
 big giant $800 million development down to the, hey, I've got a building south of downtown

947
01:01:10,160 --> 01:01:16,680
 and I need so and so and I have $50,000, right?

948
01:01:16,680 --> 01:01:18,120
 So I'm sensitive to that.

949
01:01:18,120 --> 01:01:19,120
 So thank you.

950
01:01:19,120 --> 01:01:20,120
 >> Thank you.

951
01:01:20,120 --> 01:01:21,120
 >> Thank you.

952
01:01:21,120 --> 01:01:22,120
 >> Thank you.

953
01:01:22,120 --> 01:01:23,960
 >> Thank you very much.

954
01:01:23,960 --> 01:01:28,720
 I know we've got one more work session report.

955
01:01:28,720 --> 01:01:32,220
 Do you want to continue or break for food and then continue?

956
01:01:32,220 --> 01:01:33,720
 I'm going to get a consensus.

957
01:01:33,720 --> 01:01:35,720
 How is everybody doing?

958
01:01:35,720 --> 01:01:36,720
 Everybody okay?

959
01:01:36,720 --> 01:01:39,960
 Because I think Keisha, this is yours, yes?

960
01:01:39,960 --> 01:01:40,960
 >> Yes.

961
01:01:40,960 --> 01:01:41,960
 >> Okay.

962
01:01:41,960 --> 01:01:42,960
 Then you've got it ready to go.

963
01:01:42,960 --> 01:01:49,320
 Let's go ahead and call 3B, PZ24090, receive a report, hold a discussion regarding the

964
01:01:49,320 --> 01:01:54,800
 process of PNZ commission operational procedures as it relates to reconsideration.

965
01:01:54,800 --> 01:01:58,320
 >> Good evening again, Chair and commissioners.

966
01:01:58,320 --> 01:02:07,000
 I'm here before you to discuss possibility of adding a procedure in our code for planning

967
01:02:07,000 --> 01:02:10,800
 a zoning commission to have a reconsideration process.

968
01:02:10,800 --> 01:02:16,840
 This is again is a staff initiated request due to challenges with the prior reconsideration

969
01:02:16,840 --> 01:02:23,240
 last summer and confirm the need that you all need your own codified process.

970
01:02:23,240 --> 01:02:29,240
 I think currently right now you're following City Council's reconsideration process which

971
01:02:29,240 --> 01:02:34,160
 allows for you to request from the director that an item be reconsidered prior to your

972
01:02:34,160 --> 01:02:38,840
 next meeting date and if the item is already -- but if the item is already presented to

973
01:02:38,840 --> 01:02:44,280
 City Council agenda, excuse me, then you have to appear before City Council and make that

974
01:02:44,280 --> 01:02:50,720
 request at the public hearing and City Council would have to then agree to send the item

975
01:02:50,720 --> 01:02:53,080
 back to planning a zoning commission.

976
01:02:53,080 --> 01:03:00,440
 So we want to create a process for you all to be able to reconsider items and have that

977
01:03:00,440 --> 01:03:03,520
 code -- and have that, excuse me, codified in our code.

978
01:03:03,520 --> 01:03:06,800
 So here is the process that we are recommending.

979
01:03:06,800 --> 01:03:09,080
 So the first item, there's no change, right?

980
01:03:09,080 --> 01:03:13,320
 So you will still make the request of someone that's on the prevailing side of a vote will

981
01:03:13,320 --> 01:03:15,760
 make a request to the director.

982
01:03:15,760 --> 01:03:18,360
 The only thing that's going to change is the timeframe.

983
01:03:18,360 --> 01:03:23,840
 So currently you can make that request and you have up to a week and a half prior to

984
01:03:23,840 --> 01:03:26,440
 your next meeting to make the request.

985
01:03:26,440 --> 01:03:33,040
 Due to sometimes items are fast-tracked and staff needs time to alert the city secretary's

986
01:03:33,040 --> 01:03:38,440
 office that an item needs to be pulled from the council agenda if there's been an item

987
01:03:38,440 --> 01:03:41,400
 pulled that you've requested to be reconsidered.

988
01:03:41,400 --> 01:03:46,200
 We need that request by 10 a.m. on Friday after your meeting.

989
01:03:46,200 --> 01:03:58,080
 So that is changing from a week and a half down to one and a half days.

990
01:03:58,080 --> 01:04:01,920
 So just to continue with the process, I'm sure you're all familiar.

991
01:04:01,920 --> 01:04:08,440
 So items presented to you and if it is voted -- excuse me, if we receive it, we will put

992
01:04:08,440 --> 01:04:12,920
 it back on the agenda as an item for consideration, the commission will have the opportunity to

993
01:04:12,920 --> 01:04:15,560
 vote to reconsider the item or not.

994
01:04:15,560 --> 01:04:22,280
 If it is, then we'll go through the proper protocols to get the item publicly noticed

995
01:04:22,280 --> 01:04:24,600
 and then back on for public hearing.

996
01:04:24,600 --> 01:04:28,640
 If it fails, then staff will work through the processes to get it back on city council's

997
01:04:28,640 --> 01:04:33,280
 agenda for their public hearing.

998
01:04:33,280 --> 01:04:35,520
 This is just a calendar so you can visually see.

999
01:04:35,520 --> 01:04:40,640
 I know I'm a visual person so you can visually see what this change would do.

1000
01:04:40,640 --> 01:04:41,640
 So let's look at August.

1001
01:04:41,640 --> 01:04:45,600
 So you look at August 14, you make an original vote.

1002
01:04:45,600 --> 01:04:50,120
 Someone on the prevailing side requests to reconsider to the director and that would

1003
01:04:50,120 --> 01:04:54,880
 have to be submitted by that Friday on the 16th at 10 a.m.

1004
01:04:54,880 --> 01:04:59,680
 So previously you would have had until the 28th, but with this change it will be the

1005
01:04:59,680 --> 01:05:00,680
 16th.

1006
01:05:00,680 --> 01:05:08,360
 So it's all items, whether it's fast-tracked or not.

1007
01:05:08,360 --> 01:05:09,360
 That's the end of my presentation.

1008
01:05:09,360 --> 01:05:11,360
 I'm open for questions or comments.

1009
01:05:11,360 --> 01:05:12,360
 >> Okay.

1010
01:05:12,360 --> 01:05:14,680
 So let's go back to that visual.

1011
01:05:14,680 --> 01:05:15,680
 >> Okay.

1012
01:05:15,680 --> 01:05:21,840
 >> So what you're saying is the reconsideration any time has to be done on the Friday after

1013
01:05:21,840 --> 01:05:22,840
 the meeting.

1014
01:05:22,840 --> 01:05:23,840
 Is that?

1015
01:05:23,840 --> 01:05:24,840
 >> Yes, ma'am.

1016
01:05:24,840 --> 01:05:30,560
 >> That's what -- and so if it would be fast-tracked to the city council meeting the next week,

1017
01:05:30,560 --> 01:05:33,140
 that wouldn't even work.

1018
01:05:33,140 --> 01:05:38,120
 >> If we're able to receive it by 10 a.m., that gives us time to let the secretary office

1019
01:05:38,120 --> 01:05:39,120
 know.

1020
01:05:39,120 --> 01:05:40,120
 >> Oh, you would pull it?

1021
01:05:40,120 --> 01:05:41,120
 >> Yes.

1022
01:05:41,120 --> 01:05:42,120
 >> You would pull it.

1023
01:05:42,120 --> 01:05:43,120
 I see.

1024
01:05:43,120 --> 01:05:44,120
 Okay.

1025
01:05:44,120 --> 01:05:46,720
 >> That fast-track thing is really what we were hoping to balance, but keep going.

1026
01:05:46,720 --> 01:05:47,720
 >> Right.

1027
01:05:47,720 --> 01:05:52,320
 And so the knowledge of it being a fast-track item, we would know about on that day that

1028
01:05:52,320 --> 01:05:54,360
 we would take a vote?

1029
01:05:54,360 --> 01:05:55,360
 >> Yes.

1030
01:05:55,360 --> 01:05:56,360
 >> Okay.

1031
01:05:56,360 --> 01:05:58,680
 Commissioner Villarreal, I think you had your hand up.

1032
01:05:58,680 --> 01:06:00,320
 >> Thank you, Chair.

1033
01:06:00,320 --> 01:06:07,160
 So I'm a little confused as to why items that aren't fast-tracked also have to be submitted

1034
01:06:07,160 --> 01:06:11,920
 on this fast-track basis.

1035
01:06:11,920 --> 01:06:16,000
 If they're not considering it at the next council meeting, why do we have to submit

1036
01:06:16,000 --> 01:06:19,800
 our reconsideration request a day and a half later?

1037
01:06:19,800 --> 01:06:24,400
 I mean, sometimes there are things that come up the week after, there are conversations

1038
01:06:24,400 --> 01:06:30,160
 that are had, you know, additional information rises to the surface.

1039
01:06:30,160 --> 01:06:34,280
 I'm not sure I'm in favor of having every single reconsideration have to be done by

1040
01:06:34,280 --> 01:06:36,480
 the fast-track date and time.

1041
01:06:36,480 --> 01:06:38,760
 I understand for fast-track items, of course.

1042
01:06:38,760 --> 01:06:39,760
 Thank you.

1043
01:06:39,760 --> 01:06:45,320
 >> We were trying to just be consistent and not have two separate calendars of information.

1044
01:06:45,320 --> 01:06:49,200
 So that was the reason why we were proposing just to have the one process.

1045
01:06:49,200 --> 01:06:50,200
 >> Yeah.

1046
01:06:50,200 --> 01:06:53,320
 I mean, Keisha's right.

1047
01:06:53,320 --> 01:06:57,600
 We were trying to have a standardized process because also there are some factors that come

1048
01:06:57,600 --> 01:07:02,360
 into play, like for example, depending upon when the meetings are scheduled.

1049
01:07:02,360 --> 01:07:08,920
 I mean, most of the time we've got a fair amount of advance notice, but it's on our

1050
01:07:08,920 --> 01:07:09,920
 meeting dates.

1051
01:07:09,920 --> 01:07:13,800
 But we're just -- we struggled through this -- or not, I shouldn't say struggled.

1052
01:07:13,800 --> 01:07:19,540
 We discussed this extensively on how best to -- you know, do we have two separate processes

1053
01:07:19,540 --> 01:07:21,080
 versus just one?

1054
01:07:21,080 --> 01:07:26,040
 We were concerned that trying to come up with two separate processes was -- would be more

1055
01:07:26,040 --> 01:07:27,220
 confusing.

1056
01:07:27,220 --> 01:07:34,320
 And so hence why we landed on the -- a streamlined process of -- we figured if you had an issue

1057
01:07:34,320 --> 01:07:38,640
 with the vote, particularly those that might have been on the prevailing side where you

1058
01:07:38,640 --> 01:07:42,880
 believe a reconsideration is necessary, that your gut's probably going to tell you sooner

1059
01:07:42,880 --> 01:07:46,960
 than later and that it's going to be on the sooner side.

1060
01:07:46,960 --> 01:07:52,120
 Because keep in mind when an item is also being reconsidered, then we're having to process

1061
01:07:52,120 --> 01:07:57,680
 it and getting it back on the Planning and Zoning Commission's agenda as soon as we can.

1062
01:07:57,680 --> 01:08:03,480
 But the one factor that was challenging for us to be able to work through and hence why

1063
01:08:03,480 --> 01:08:08,600
 we landed on where we did was in particular those items that have to be fast-tracked to

1064
01:08:08,600 --> 01:08:09,600
 city council.

1065
01:08:09,600 --> 01:08:17,360
 And, you know, we even discussed -- you know, the reason why we need to be able to preserve

1066
01:08:17,360 --> 01:08:22,840
 being able to move an item to city council faster than the normal three weeks in between

1067
01:08:22,840 --> 01:08:28,440
 when it goes to P&Z and council is let's say, for example, we had an error on our part.

1068
01:08:28,440 --> 01:08:33,480
 You know, an applicant shouldn't be penalized for an error that staff made.

1069
01:08:33,480 --> 01:08:38,320
 We tried to make sure that we don't make those errors, but when it does happen, then we tried

1070
01:08:38,320 --> 01:08:44,440
 to be able to make it right by the applicant to be able to get it moved forward.

1071
01:08:44,440 --> 01:08:49,120
 You know, if you all feel -- if the concurrence of the commission -- yeah, if the concurrence

1072
01:08:49,120 --> 01:08:53,220
 of the commission is that we need to have two separate processes, then we can go back

1073
01:08:53,220 --> 01:08:57,680
 and explore that further and see what we can come up with and hopefully not -- and hopefully

1074
01:08:57,680 --> 01:09:02,560
 have it a streamlined language that we can put in a proposed draft for your consideration.

1075
01:09:02,560 --> 01:09:05,080
 But, you know, open to your thoughts on it.

1076
01:09:05,080 --> 01:09:06,760
 That's why we're having this conversation.

1077
01:09:06,760 --> 01:09:07,760
 >> Okay.

1078
01:09:07,760 --> 01:09:10,400
 Is there anybody else with -- yep.

1079
01:09:10,400 --> 01:09:11,400
 Mr. Pruitt.

1080
01:09:11,400 --> 01:09:15,840
 >> Thank you, Chair.

1081
01:09:15,840 --> 01:09:22,840
 Just a couple of factual questions so I'm not spewing.

1082
01:09:22,840 --> 01:09:33,920
 Is there a legal problem to notice a public hearing if a motion to reconsider causes

1083
01:09:33,920 --> 01:09:37,200
 that public hearing to not occur?

1084
01:09:37,200 --> 01:09:47,000
 >> So we've had some jurisdictional conversation in this -- and, Hillary, feel free to add

1085
01:09:47,000 --> 01:09:51,880
 to this, but this was part of the challenge, I think, we ran into last August, right, when

1086
01:09:51,880 --> 01:09:56,760
 we had this, is once the commission takes action on an item, you lose jurisdiction on

1087
01:09:56,760 --> 01:09:59,120
 it because you've already made a decision.

1088
01:09:59,120 --> 01:10:05,080
 So we've -- if we've noticed and we're trying to put it on council's agenda, then we got

1089
01:10:05,080 --> 01:10:10,060
 caught in this somewhat of a quandary gray area, whatever you want to call it, in terms

1090
01:10:10,060 --> 01:10:16,280
 of who's court is the ball in, right?

1091
01:10:16,280 --> 01:10:19,680
 You know, who has the jurisdiction now to consider the item?

1092
01:10:19,680 --> 01:10:23,520
 You know, in that particular case, I believe we had already posted it on the council's

1093
01:10:23,520 --> 01:10:26,280
 agenda, so it was clearly in the council's court.

1094
01:10:26,280 --> 01:10:31,840
 We had also already noticed for the public hearing, so felt it was in council's court

1095
01:10:31,840 --> 01:10:39,660
 on that as well, but the fact that the commission had already taken action on the item means

1096
01:10:39,660 --> 01:10:45,800
 that your jurisdiction or your ability to act on the item has now -- that window has

1097
01:10:45,800 --> 01:10:46,800
 closed.

1098
01:10:46,800 --> 01:10:50,800
 But, Hillary, any additional insight to add?

1099
01:10:50,800 --> 01:10:55,480
 >> If I may, just add some color so that you're not like, what is he talking about?

1100
01:10:55,480 --> 01:11:01,520
 I'm trying to think through Commissioner Villarreal's comment of, hey, that seems kind of short,

1101
01:11:01,520 --> 01:11:06,840
 and I'm also thinking in my context of, while I think this is a tool that should be used

1102
01:11:06,840 --> 01:11:19,000
 sparingly, I hate the idea of, you know, us causing a minimum of a one-month delay, right?

1103
01:11:19,000 --> 01:11:24,040
 Because two weeks later, we vote to reconsider, and then two or three weeks after that, we

1104
01:11:24,040 --> 01:11:25,840
 have the original vote, and then it moves forward.

1105
01:11:25,840 --> 01:11:27,760
 >> Right, because we have to re-notice.

1106
01:11:27,760 --> 01:11:33,480
 And so I'm wondering whether if we have a shortened timeline to reconsider, whether

1107
01:11:33,480 --> 01:11:38,040
 that would give us the opportunity to say, hey, look, let's just go ahead and re-notice

1108
01:11:38,040 --> 01:11:43,720
 so that in this example, we can vote to reconsider on the 28th and then hold the public hearing

1109
01:11:43,720 --> 01:11:47,680
 on the 28th so that it's not as much of a delay that's incurred in that case.

1110
01:11:47,680 --> 01:11:48,680
 Does that make sense?

1111
01:11:48,680 --> 01:11:49,680
 >> Oh, yeah.

1112
01:11:49,680 --> 01:11:55,220
 I think we won't be able to meet our notification requirements.

1113
01:11:55,220 --> 01:11:59,760
 So because of when -- >> Because it's more than 12 days.

1114
01:11:59,760 --> 01:12:05,080
 >> Right, because it's -- we have to send out notices the day before the 10th day preceding

1115
01:12:05,080 --> 01:12:06,760
 the Planning and Zoning Commission meeting.

1116
01:12:06,760 --> 01:12:11,680
 So we would not be able to get the noticing accomplished because we've got to be able

1117
01:12:11,680 --> 01:12:17,520
 to process our mail notices, you know, one, make sure we can meet the calendar, but then

1118
01:12:17,520 --> 01:12:21,280
 two, be able to get our administrative tasks accomplished behind the scenes so we can get

1119
01:12:21,280 --> 01:12:24,000
 that all taken care of.

1120
01:12:24,000 --> 01:12:29,920
 Next amendments also require noticing to be published in the newspaper.

1121
01:12:29,920 --> 01:12:32,360
 So we have lead time that we have to factor in on that.

1122
01:12:32,360 --> 01:12:39,360
 So while I appreciate your creativity, we just can't meet the other legal obligations

1123
01:12:39,360 --> 01:12:41,080
 that we have to address.

1124
01:12:41,080 --> 01:12:42,080
 >> Okay.

1125
01:12:42,080 --> 01:12:43,080
 Thank you.

1126
01:12:43,080 --> 01:12:50,200
 >> But to your point, reconsideration, when an item is reconsidered, we -- when you vote

1127
01:12:50,200 --> 01:12:58,000
 to reconsider an item and if the motion is passed, then we have to go back through the

1128
01:12:58,000 --> 01:13:02,680
 public notification process and meet the state statute requirements in order to put it back

1129
01:13:02,680 --> 01:13:04,860
 on your agenda for action.

1130
01:13:04,860 --> 01:13:09,320
 Because again, you've already taken a preceding action, so you've lost jurisdiction, so we

1131
01:13:09,320 --> 01:13:14,760
 have to do the re-noticing to put it legally back in your camp for consideration, if that

1132
01:13:14,760 --> 01:13:15,760
 makes sense.

1133
01:13:15,760 --> 01:13:16,760
 >> Yeah.

1134
01:13:16,760 --> 01:13:17,760
 Thank you.

1135
01:13:17,760 --> 01:13:19,920
 >> And that state statute is just -- we have no choice.

1136
01:13:19,920 --> 01:13:20,920
 Mr. Cole.

1137
01:13:20,920 --> 01:13:21,920
 >> Thank you, Chair.

1138
01:13:21,920 --> 01:13:27,960
 Yeah, I was just going through my memory banks of six years and how many reconsiderations

1139
01:13:27,960 --> 01:13:30,120
 we've had and I can only think of two.

1140
01:13:30,120 --> 01:13:31,120
 >> Two.

1141
01:13:31,120 --> 01:13:32,120
 In eight years.

1142
01:13:32,120 --> 01:13:33,120
 >> Yeah.

1143
01:13:33,120 --> 01:13:34,120
 Right?

1144
01:13:34,120 --> 01:13:40,520
 So -- and a day and a half is kind of -- I mean, we do have a right to reconsider and

1145
01:13:40,520 --> 01:13:43,000
 it shouldn't just be a day and a half.

1146
01:13:43,000 --> 01:13:44,000
 You know what I mean?

1147
01:13:44,000 --> 01:13:51,520
 I mean, because if that would have been -- then both the ones -- Chair and I wanted to reconsider

1148
01:13:51,520 --> 01:13:55,440
 wouldn't have been done because it was after a day and a half.

1149
01:13:55,440 --> 01:14:07,040
 I know mine was, so I -- you know, I don't know, it just -- a day and a half just doesn't

1150
01:14:07,040 --> 01:14:12,720
 seem very thorough or -- I mean, because facts on the ground can change and you learn new

1151
01:14:12,720 --> 01:14:19,560
 things, you know, it just -- I think it needs to be a little more flexible than that.

1152
01:14:19,560 --> 01:14:29,040
 >> Yeah, maybe we need to look at having a true fast track item, you know, date and having

1153
01:14:29,040 --> 01:14:34,040
 what the true procedure is because we don't really have -- fast track is not a regular

1154
01:14:34,040 --> 01:14:37,200
 thing that we do.

1155
01:14:37,200 --> 01:14:41,120
 So it seems like that wouldn't happen as often, so it's almost like we should have what the

1156
01:14:41,120 --> 01:14:48,760
 procedure is and then asterisk, if it's a fast track item, this is what it is.

1157
01:14:48,760 --> 01:14:49,760
 >> Okay.

1158
01:14:49,760 --> 01:14:50,760
 We can definitely look into that.

1159
01:14:50,760 --> 01:14:52,440
 That's the concurrence of the group, absolutely.

1160
01:14:52,440 --> 01:14:54,240
 >> And then this -- you're bringing this back.

1161
01:14:54,240 --> 01:14:58,360
 Is this something we would have to -- >> This is a code amendment, so --

1162
01:14:58,360 --> 01:15:03,560
 >> So this would require public hearing, yeah, that's what I figured.

1163
01:15:03,560 --> 01:15:04,560
 Okay.

1164
01:15:04,560 --> 01:15:05,560
 Yeah.

1165
01:15:05,560 --> 01:15:11,080
 Yeah, so maybe look at that and maybe, yeah, send it out again or press the look at or

1166
01:15:11,080 --> 01:15:12,080
 --

1167
01:15:12,080 --> 01:15:13,080
 >> Sure thing.

1168
01:15:13,080 --> 01:15:14,080
 >> Well, I mean, I guess it would be -- it would be in the backup.

1169
01:15:14,080 --> 01:15:15,080
 >> It will be in the backup material.

1170
01:15:15,080 --> 01:15:16,080
 >> Yeah, sorry.

1171
01:15:16,080 --> 01:15:17,080
 >> So it would be in your normal packet.

1172
01:15:17,080 --> 01:15:18,080
 >> Yeah.

1173
01:15:18,080 --> 01:15:20,840
 >> I know the other item is a little more complicated, but if we have the ability to

1174
01:15:20,840 --> 01:15:23,360
 get you something in advance, we'll try.

1175
01:15:23,360 --> 01:15:25,440
 >> Is that good direction?

1176
01:15:25,440 --> 01:15:27,800
 Is that anything -- okay.

1177
01:15:27,800 --> 01:15:30,880
 Kiesha, thank you.

1178
01:15:30,880 --> 01:15:32,280
 Okay.

1179
01:15:32,280 --> 01:15:38,640
 That concludes our work session, so we'll go ahead and adjourn at 616 and reconvene as

1180
01:15:38,640 --> 01:15:46,120
 close to 630 as possible in Council Chambers.

1181
01:15:46,120 --> 01:15:49,400
 >> Good evening, and welcome to the City of Denton's Planning and Zoning Commission meeting

1182
01:15:49,400 --> 01:15:53,000
 for Wednesday, June 12, 2024.

1183
01:15:53,000 --> 01:15:58,000
 With the quorum present, I will call us to order at 642 p.m.

1184
01:15:58,000 --> 01:16:00,120
 Thank you for your patience.

1185
01:16:00,120 --> 01:16:15,200
 Our first item on our agenda is Pledge of Allegiance to the U.S. and Texas Flags.

1186
01:16:15,200 --> 01:16:32,260
 Thank you.

1187
01:16:32,260 --> 01:16:37,960
 Our next item is to consider the approval of our Planning and Zoning minutes from May

1188
01:16:37,960 --> 01:16:39,320
 29th.

1189
01:16:39,320 --> 01:16:40,320
 Commissioner Villarreal.

1190
01:16:40,320 --> 01:16:41,800
 >> Move approval.

1191
01:16:41,800 --> 01:16:42,800
 >> Commissioner Thaggard.

1192
01:16:42,800 --> 01:16:43,800
 >> Second.

1193
01:16:43,800 --> 01:16:45,620
 >> Got a first and a second for approval.

1194
01:16:45,620 --> 01:16:46,620
 Any discussion?

1195
01:16:46,620 --> 01:16:47,620
 Okay.

1196
01:16:47,620 --> 01:16:56,720
 Let's go ahead and vote on the board, please.

1197
01:16:56,720 --> 01:16:58,200
 That motion carries 6-0.

1198
01:16:58,200 --> 01:17:02,280
 That'll take us to our Consent Agenda this evening.

1199
01:17:02,280 --> 01:17:03,280
 Commissioner Villarreal.

1200
01:17:03,280 --> 01:17:04,680
 >> Move approval.

1201
01:17:04,680 --> 01:17:05,680
 >> Commissioner Thaggard.

1202
01:17:05,680 --> 01:17:06,680
 >> Second.

1203
01:17:06,680 --> 01:17:10,400
 >> Got a first and a second for approval of the Consent Agenda discussion.

1204
01:17:10,400 --> 01:17:18,860
 Let's vote, please.

1205
01:17:18,860 --> 01:17:20,960
 That motion carries 6-0.

1206
01:17:20,960 --> 01:17:24,860
 That will move us into our items for individual consideration.

1207
01:17:24,860 --> 01:17:31,180
 And let me pause here just for a moment in case there's anyone in the audience or listening

1208
01:17:31,180 --> 01:17:38,960
 that are here for public hearing items 5B and C. That is the zoning change with regard

1209
01:17:38,960 --> 01:17:41,040
 to Corbin Road.

1210
01:17:41,040 --> 01:17:46,440
 That is going to be postponed and we won't be taking action on that item today.

1211
01:17:46,440 --> 01:17:50,840
 So I just wanted to make sure everybody has a heads up ahead of time, 5B and 5C will not

1212
01:17:50,840 --> 01:17:53,360
 be heard today.

1213
01:17:53,360 --> 01:17:58,200
 So our first item for individual consideration is 4A, FP240011.

1214
01:17:58,200 --> 01:18:01,600
 Angie is here for presentation.

1215
01:18:01,600 --> 01:18:02,600
 Hi.

1216
01:18:02,600 --> 01:18:06,120
 >> Good evening, Chair, members of the Commission.

1217
01:18:06,120 --> 01:18:08,940
 Angie Mangleris, Development Review Manager.

1218
01:18:08,940 --> 01:18:12,040
 This is FP240011B.

1219
01:18:12,040 --> 01:18:14,400
 This is a final plan for Stella Hills Phase 1.

1220
01:18:14,400 --> 01:18:19,640
 It is located just south of McKinney Street where McKinney Street and Laney Circle intersect.

1221
01:18:19,640 --> 01:18:24,760
 There's approximately 177 single family lots and four open space lots.

1222
01:18:24,760 --> 01:18:26,520
 The zoning is R6.

1223
01:18:26,520 --> 01:18:29,480
 At the time the packet went out, they did not meet all the criteria for approval.

1224
01:18:29,480 --> 01:18:33,240
 However, the plot does now satisfy all of our criteria and staff as recommending approval

1225
01:18:33,240 --> 01:18:34,360
 of the plot as presented.

1226
01:18:34,360 --> 01:18:36,000
 Happy to answer any questions.

1227
01:18:36,000 --> 01:18:37,000
 >> Thank you, Angie.

1228
01:18:37,000 --> 01:18:40,160
 >> Any questions for Angie?

1229
01:18:40,160 --> 01:18:45,160
 Thank you.

1230
01:18:45,160 --> 01:18:52,160
 Chair can entertain a motion or discussion at this time.

1231
01:18:52,160 --> 01:18:56,440
 I will move approval of that item.

1232
01:18:56,440 --> 01:18:57,440
 Vice Chair approve it.

1233
01:18:57,440 --> 01:18:58,440
 >> Second.

1234
01:18:58,440 --> 01:18:59,440
 >> Okay.

1235
01:18:59,440 --> 01:19:00,440
 We've got a first and a second for approval.

1236
01:19:00,440 --> 01:19:01,440
 Is there any discussion?

1237
01:19:01,440 --> 01:19:02,440
 Okay.

1238
01:19:02,440 --> 01:19:08,520
 Let's vote, please.

1239
01:19:08,520 --> 01:19:10,400
 That motion carries 6-0.

1240
01:19:10,400 --> 01:19:15,720
 That takes us to 4B, FP240020.

1241
01:19:15,720 --> 01:19:17,120
 Bryce is here for that item.

1242
01:19:17,120 --> 01:19:18,120
 Hello.

1243
01:19:18,120 --> 01:19:21,440
 >> Good evening, Chair, members of the commission, Bryce Van Arsdale, Assistant Planner.

1244
01:19:21,440 --> 01:19:27,680
 This is a final plot for approximately 15.98 acres on the southeast corner of the intersection

1245
01:19:27,680 --> 01:19:30,820
 of Copper Canyon Road and Old Alton Road.

1246
01:19:30,820 --> 01:19:34,360
 This plot will create one single lot, and while it does not meet our current criteria

1247
01:19:34,360 --> 01:19:38,880
 for approval, staff has no objection to the requested extension date certain to a date

1248
01:19:38,880 --> 01:19:40,720
 certain of June 26th, 2024.

1249
01:19:40,720 --> 01:19:42,920
 I'll stand for any questions.

1250
01:19:42,920 --> 01:19:43,920
 >> Thank you, Bryce.

1251
01:19:43,920 --> 01:19:45,920
 I do not see any questions.

1252
01:19:45,920 --> 01:19:47,280
 Appreciate it.

1253
01:19:47,280 --> 01:19:48,280
 Commissioner Villarreal.

1254
01:19:48,280 --> 01:19:53,840
 >> Move approval of the extension request to a date certain of June 26th, 2024.

1255
01:19:53,840 --> 01:19:54,840
 >> Thank you.

1256
01:19:54,840 --> 01:19:55,840
 Commissioner Thaggard?

1257
01:19:55,840 --> 01:19:56,840
 >> Second.

1258
01:19:56,840 --> 01:20:03,720
 >> Second to grant the extension request to a date certain of June 26th, 2024.

1259
01:20:03,720 --> 01:20:04,720
 Any discussion?

1260
01:20:04,720 --> 01:20:05,720
 Okay.

1261
01:20:05,720 --> 01:20:14,000
 Let's go ahead and vote, please.

1262
01:20:14,000 --> 01:20:17,160
 That motion carries 6-0.

1263
01:20:17,160 --> 01:20:21,680
 The next four items, Commissioner Cole is going to recuse himself, so I'm going to let

1264
01:20:21,680 --> 01:20:24,120
 him leave the dais.

1265
01:20:24,120 --> 01:20:31,020
 And then Cameron is here for the first one of 4CFP240012.

1266
01:20:31,020 --> 01:20:34,620
 >> Thank you, Chair and Commission, Cameron Robertson, principal planner.

1267
01:20:34,620 --> 01:20:38,480
 This is a final plot for Hunter Ranch Phase 1A.

1268
01:20:38,480 --> 01:20:45,120
 It's for approximately 53 acres, located just north of Robeson Ranch Road and west of Interstate

1269
01:20:45,120 --> 01:20:46,800
 35 West.

1270
01:20:46,800 --> 01:20:53,080
 It is to consist of 95 single-family residential lots as well as 10 HOA lots.

1271
01:20:53,080 --> 01:20:57,440
 Staff is recommending denial at this time, but staff has no objection to the second extension

1272
01:20:57,440 --> 01:21:03,600
 request date certain of June 26th, 2024, and I can stand for any questions.

1273
01:21:03,600 --> 01:21:04,600
 >> Thank you.

1274
01:21:04,600 --> 01:21:06,200
 I do not see any questions.

1275
01:21:06,200 --> 01:21:07,200
 Commissioner Villarreal?

1276
01:21:07,200 --> 01:21:11,320
 >> Move approval of the extension request to a date certain of June 26th, 2024.

1277
01:21:11,320 --> 01:21:12,320
 >> Okay.

1278
01:21:12,320 --> 01:21:13,320
 Thank you.

1279
01:21:13,320 --> 01:21:14,320
 Commissioner Thaggard?

1280
01:21:14,320 --> 01:21:15,320
 >> Second.

1281
01:21:15,320 --> 01:21:18,080
 >> We've got a first and a second to grant the extension request to a date certain of

1282
01:21:18,080 --> 01:21:21,640
 June 26th, 2024.

1283
01:21:21,640 --> 01:21:32,800
 Seeing no discussion, let's vote, please.

1284
01:21:32,800 --> 01:21:37,200
 That motion carries 5-0.

1285
01:21:37,200 --> 01:21:43,600
 Next item is 4DFP240013.

1286
01:21:43,600 --> 01:21:45,320
 >> Thank you so much, Chair and Commission.

1287
01:21:45,320 --> 01:21:47,600
 This is for Hunter Ranch Phase 1B.

1288
01:21:47,600 --> 01:21:53,480
 It's approximately 50-acre site, it would consist of 180 single-family residential lots

1289
01:21:53,480 --> 01:21:55,640
 and 8 HOA lots.

1290
01:21:55,640 --> 01:21:59,480
 Staff is recommending denial at this time, but staff has no objection to the second extension

1291
01:21:59,480 --> 01:22:03,600
 request to a date certain of June 26th, 2024, and I can stand for any questions.

1292
01:22:03,600 --> 01:22:05,640
 >> Thanks, Cameron.

1293
01:22:05,640 --> 01:22:06,960
 I do not see any questions.

1294
01:22:06,960 --> 01:22:08,440
 Thank you very much.

1295
01:22:08,440 --> 01:22:09,440
 Commissioner Villarreal?

1296
01:22:09,440 --> 01:22:13,880
 >> Move approval of the extension request to a date certain of June 26th, 2024.

1297
01:22:13,880 --> 01:22:14,880
 >> Thank you.

1298
01:22:14,880 --> 01:22:15,880
 Commissioner Perot?

1299
01:22:15,880 --> 01:22:16,880
 >> Second.

1300
01:22:16,880 --> 01:22:20,160
 >> Okay, we've got a first and a second to grant the extension request to a date certain

1301
01:22:20,160 --> 01:22:23,600
 of June 26th, 2024.

1302
01:22:23,600 --> 01:22:32,800
 Let's go ahead and vote, please.

1303
01:22:32,800 --> 01:22:34,280
 That motion carries 5-0.

1304
01:22:34,280 --> 01:22:40,600
 That'll take us to 4EFP240014.

1305
01:22:40,600 --> 01:22:41,600
 >> Thank you so much.

1306
01:22:41,600 --> 01:22:44,120
 This is for our final plot for Hunter Ranch Phase 1C.

1307
01:22:44,120 --> 01:22:51,120
 It's for approximately 68-acre site to consist of 287 single-family residential lots and 10

1308
01:22:51,120 --> 01:22:52,240
 HOA lots.

1309
01:22:52,240 --> 01:22:56,200
 Staff is recommending denial at this time, but staff has no objection to the second extension

1310
01:22:56,200 --> 01:23:00,160
 request to a date certain of June 26th, 2024, and I can stand for any questions.

1311
01:23:00,160 --> 01:23:01,160
 >> Thanks, Cameron.

1312
01:23:01,160 --> 01:23:03,820
 I do not see any questions.

1313
01:23:03,820 --> 01:23:04,820
 Thank you.

1314
01:23:04,820 --> 01:23:05,820
 Commissioner Villarreal?

1315
01:23:05,820 --> 01:23:10,440
 >> Move approval of the extension request to a date certain of June 26th, 2024.

1316
01:23:10,440 --> 01:23:11,440
 >> Commissioner Thaggard?

1317
01:23:11,440 --> 01:23:12,440
 >> Second.

1318
01:23:12,440 --> 01:23:18,280
 >> Okay, first and a second to grant the extension request to a date certain of June 26th, 2024.

1319
01:23:18,280 --> 01:23:26,000
 Let's go ahead and vote, please.

1320
01:23:26,000 --> 01:23:27,760
 That motion carries 5-0.

1321
01:23:27,760 --> 01:23:32,920
 That will take us to 4FFP240015.

1322
01:23:32,920 --> 01:23:33,920
 >> Thank you.

1323
01:23:33,920 --> 01:23:36,080
 This is a final plot for Hunter Ranch Phase 1D.

1324
01:23:36,080 --> 01:23:37,960
 It's approximately 50-acre site.

1325
01:23:37,960 --> 01:23:43,400
 I'm consisting of 185 single-family residential lots and 8 HOA lots.

1326
01:23:43,400 --> 01:23:47,600
 Staff is recommending denial at this time, but staff has no objection to the second extension

1327
01:23:47,600 --> 01:23:53,600
 request date to a date certain of June 26th, 2024, and I can stand for any questions.

1328
01:23:53,600 --> 01:23:54,600
 >> Thank you.

1329
01:23:54,600 --> 01:24:01,860
 I do not see any -- thank you so much, Cameron.

1330
01:24:01,860 --> 01:24:02,860
 Commissioner Villarreal?

1331
01:24:02,860 --> 01:24:07,320
 >> Move approval of the extension request to a date certain of June 26th, 2024.

1332
01:24:07,320 --> 01:24:08,320
 >> Thank you.

1333
01:24:08,320 --> 01:24:09,320
 Commissioner Thaggard?

1334
01:24:09,320 --> 01:24:10,320
 >> Second.

1335
01:24:10,320 --> 01:24:13,160
 >> We've got a first and a second to approve the extension request to a date certain of

1336
01:24:13,160 --> 01:24:16,840
 June 26th, 2024.

1337
01:24:16,840 --> 01:24:24,240
 Let's go ahead and vote, please.

1338
01:24:24,240 --> 01:24:26,880
 That motion carries 5-0.

1339
01:24:26,880 --> 01:24:34,120
 We'll let Commissioner Cole enter back in, and I will call Item 5A of our public hearings

1340
01:24:34,120 --> 01:24:37,120
 as PD240005.

1341
01:24:37,120 --> 01:24:41,560
 I'll open the public hearing, and Mia is here for presentation.

1342
01:24:41,560 --> 01:24:50,080
 >> Good evening, Chair, members of the commission.

1343
01:24:50,080 --> 01:24:56,760
 Mia Hines, senior planner, and this item is a PD24-0005.

1344
01:24:56,760 --> 01:25:03,760
 The request is to rezone approximately 52 1/2 acres from R6 to PDLI, which is an overlay

1345
01:25:03,760 --> 01:25:06,520
 PD with a light industrial-based zoning.

1346
01:25:06,520 --> 01:25:12,640
 The request or the subject site is a part of a larger 86-acre site, and I've highlighted

1347
01:25:12,640 --> 01:25:17,640
 that here in yellow on your screen, so you can see that that site is -- or the subject

1348
01:25:17,640 --> 01:25:22,840
 property is a part of that larger site, which has access off of Black, Geesling, and also

1349
01:25:22,840 --> 01:25:24,680
 touches US380.

1350
01:25:24,680 --> 01:25:27,440
 The request would establish a light industrial zoning.

1351
01:25:27,440 --> 01:25:31,680
 It would require ESA compliance at zoning compliance plan review.

1352
01:25:31,680 --> 01:25:36,060
 It would also require a 250-foot building setback from residential properties and Black

1353
01:25:36,060 --> 01:25:37,060
 Road.

1354
01:25:37,060 --> 01:25:42,960
 It would require a 50-foot wide landscape buffer from -- with 50 buffer points from

1355
01:25:42,960 --> 01:25:46,200
 -- adjacent to the residential properties and Black Road.

1356
01:25:46,200 --> 01:25:52,440
 It would also restrict truck traffic access onto Black Road from any driveways that are

1357
01:25:52,440 --> 01:25:54,840
 proposed as a part of future developments.

1358
01:25:54,840 --> 01:25:59,200
 It also would prohibit automotive fuel cells and major auto repair, and I do apologize,

1359
01:25:59,200 --> 01:26:00,200
 there is one more.

1360
01:26:00,200 --> 01:26:05,200
 It limits the building height for structures within this PD to 55 feet as opposed to the

1361
01:26:05,200 --> 01:26:10,840
 75 feet that is allowed in our -- or currently permitted in our light industrial zoning district.

1362
01:26:10,840 --> 01:26:16,680
 So just to give you a broad overview, this is a PD overlay, and our code does allow for

1363
01:26:16,680 --> 01:26:20,080
 applicants to apply for an overlay PD and a standard PD.

1364
01:26:20,080 --> 01:26:24,480
 The standard PD usually comes with a development plan, and it's usually utilized when an applicant

1365
01:26:24,480 --> 01:26:28,960
 or property owner has a more fleshed-out idea of their development.

1366
01:26:28,960 --> 01:26:34,280
 In this case, they are wanting to get their zoning title to be consistent with the rest

1367
01:26:34,280 --> 01:26:38,800
 of the property and be able to develop and come forward through our development processes

1368
01:26:38,800 --> 01:26:40,680
 at a later time.

1369
01:26:40,680 --> 01:26:44,160
 So this is an overlay PD as opposed to a standard PD.

1370
01:26:44,160 --> 01:26:47,960
 So we did, of course, put this up against our criteria for approval, and I'll get into

1371
01:26:47,960 --> 01:26:49,800
 those points here in a second.

1372
01:26:49,800 --> 01:26:54,400
 Just highlights, the new PD would be -- is compliant with our criteria for approval.

1373
01:26:54,400 --> 01:26:59,520
 It would be subject to the LI development standards of our current development code,

1374
01:26:59,520 --> 01:27:04,960
 and as amended, it would require ESA compliance at zoning compliance plan, whereas we're most

1375
01:27:04,960 --> 01:27:11,800
 usually flexible with that for -- sometimes it's deferred to CEPs or later in the process,

1376
01:27:11,800 --> 01:27:16,080
 but this requires them to have those answers ahead of time.

1377
01:27:16,080 --> 01:27:21,080
 The proposed PD builds in additional buffers to minimize adverse impacts on the surrounding

1378
01:27:21,080 --> 01:27:22,640
 less intense uses.

1379
01:27:22,640 --> 01:27:27,560
 Additionally, light industrial flume designation is intended to allow for development of light

1380
01:27:27,560 --> 01:27:32,320
 manufacturing and assembling in warehouses on these tracks, and that is the future land

1381
01:27:32,320 --> 01:27:34,440
 use designation on this property.

1382
01:27:34,440 --> 01:27:38,880
 There's also an overlay or an overlap of a little bit of low residential future land use

1383
01:27:38,880 --> 01:27:44,080
 that map designation on this property, and this PD does take that into consideration.

1384
01:27:44,080 --> 01:27:47,600
 Specifically in those areas, like I said, adjacent to the residential zoning district, and this

1385
01:27:47,600 --> 01:27:54,000
 is just that future land use map that shows that light industrial future land use on the

1386
01:27:54,000 --> 01:27:59,840
 majority of the property with a low residential overlap along the fringes there, and again,

1387
01:27:59,840 --> 01:28:06,160
 where the applicant is proposing those overlay buffers, that is within that area.

1388
01:28:06,160 --> 01:28:12,280
 So the proposed PD development standards, like I said, include a minimum side yard setback

1389
01:28:12,280 --> 01:28:16,720
 compared to the existing light industrial zoning district, where we would only require

1390
01:28:16,720 --> 01:28:20,760
 a minimum five foot building setback under LI.

1391
01:28:20,760 --> 01:28:25,800
 The proposed ... This development would ... Or any subsequent developments would have to respect

1392
01:28:25,800 --> 01:28:32,720
 the 250 foot residential ... I'm sorry, building setback from those residential properties.

1393
01:28:32,720 --> 01:28:38,400
 Additionally, as far as land use compatibility buffers, we do require in our current DDC

1394
01:28:38,400 --> 01:28:44,080
 a minimum of 30 feet landscape buffer with 50 points from DDC table 7.E, and this of

1395
01:28:44,080 --> 01:28:48,800
 course increases that requirement to a minimum of 50 feet.

1396
01:28:48,800 --> 01:28:54,480
 Again, ESA compliance plan review comes at the zoning compliance plan stage, and permitted

1397
01:28:54,480 --> 01:28:59,000
 uses where the LI district does permit ... I'm sorry, the base LI zoning district would of

1398
01:28:59,000 --> 01:29:03,240
 course permit all of those permitted uses that are listed in our table of allowed uses

1399
01:29:03,240 --> 01:29:05,480
 under LI.

1400
01:29:05,480 --> 01:29:12,520
 This overlay district does prohibit automotive fuel sales and major auto repair.

1401
01:29:12,520 --> 01:29:17,820
 So those uses, whereas they would be allowed under regular LI, would not be allowed within

1402
01:29:17,820 --> 01:29:21,880
 this portion of the PD.

1403
01:29:21,880 --> 01:29:25,440
 Since it was discussed in work session, I did add the definition of those prohibited

1404
01:29:25,440 --> 01:29:26,440
 uses.

1405
01:29:26,440 --> 01:29:32,080
 Automotive repair major is an establishment engaged in providing major automotive repair

1406
01:29:32,080 --> 01:29:37,360
 services such as engine and drive train repair, body work, mechanical services, and painting.

1407
01:29:37,360 --> 01:29:42,440
 So when those items that are highlighted there, the engine, drive train, repair, body work,

1408
01:29:42,440 --> 01:29:46,760
 mechanical servicing, and/or painting, when those come into the equation, it's considered

1409
01:29:46,760 --> 01:29:48,920
 major auto repair.

1410
01:29:48,920 --> 01:29:56,160
 As far as access and circulation, that stipulation is written there, and again, the purpose or

1411
01:29:56,160 --> 01:30:02,920
 the intent behind this requirement or this addition to the PD is to restrict truck traffic

1412
01:30:02,920 --> 01:30:07,280
 from Black Road given the existing residences, the existing condition of that road.

1413
01:30:07,280 --> 01:30:12,400
 We felt that if that was possible, we could limit some potential conflicts in vehicular

1414
01:30:12,400 --> 01:30:14,400
 traffic there.

1415
01:30:14,400 --> 01:30:18,800
 We did perform public outreach per our development code.

1416
01:30:18,800 --> 01:30:24,960
 We did receive two letters in opposition expressing concerns of drainage and land use compatibility.

1417
01:30:24,960 --> 01:30:26,880
 Sorry about that.

1418
01:30:26,880 --> 01:30:32,920
 That equates to just over 11% in opposition for those curious about the supermajority

1419
01:30:32,920 --> 01:30:35,920
 requirement at council.

1420
01:30:35,920 --> 01:30:41,840
 The applicant did perform a few neighborhood meetings which they are here and could potentially

1421
01:30:41,840 --> 01:30:44,720
 speak to as well.

1422
01:30:44,720 --> 01:30:48,800
 So with that, staff is recommending approval of this request as it complies with the criteria

1423
01:30:48,800 --> 01:30:54,480
 for approval in our DDC, and I will take any questions or comments that you have at this

1424
01:30:54,480 --> 01:30:55,480
 time.

1425
01:30:55,480 --> 01:30:56,480
 Thank you very much, Mia.

1426
01:30:56,480 --> 01:30:58,520
 Anybody have any questions?

1427
01:30:58,520 --> 01:31:04,120
 Mia, my question that I couldn't come up with in work session with regarding to that verbiage,

1428
01:31:04,120 --> 01:31:12,540
 which I like, but it talks about having signage on the property, like do not exit.

1429
01:31:12,540 --> 01:31:15,240
 What about entering the driveway on Black?

1430
01:31:15,240 --> 01:31:22,880
 I mean, ideally we don't want truck -- I mean, prefer not to have truck traffic on Black.

1431
01:31:22,880 --> 01:31:29,640
 So if we've got an internal sign saying, okay, do not exit, what's keeping them from entering?

1432
01:31:29,640 --> 01:31:30,920
 So we could add that restriction.

1433
01:31:30,920 --> 01:31:35,740
 I think the goal here was tried -- because this is the use or the warehouse use would

1434
01:31:35,740 --> 01:31:43,800
 be on this property, the goal was to try to permit -- prevent, rather, the truck traffic

1435
01:31:43,800 --> 01:31:49,000
 that would be using this property from going on to Black Road, but I think that that could

1436
01:31:49,000 --> 01:31:53,680
 be a condition that we could add also to add that signage outside so that trucks traveling

1437
01:31:53,680 --> 01:31:58,360
 from outside into the property would know not to use that also, but at that point they

1438
01:31:58,360 --> 01:31:59,840
 would already be on Black Road.

1439
01:31:59,840 --> 01:32:00,840
 That's true.

1440
01:32:00,840 --> 01:32:01,840
 Yeah.

1441
01:32:01,840 --> 01:32:02,840
 I'm not sure the best way to do that.

1442
01:32:02,840 --> 01:32:03,840
 Okay.

1443
01:32:03,840 --> 01:32:04,840
 That's just my brain working.

1444
01:32:04,840 --> 01:32:05,840
 Go ahead, Tina.

1445
01:32:05,840 --> 01:32:06,840
 Yeah.

1446
01:32:06,840 --> 01:32:07,840
 Thank you.

1447
01:32:07,840 --> 01:32:12,080
 One of the things that we could look at, if that's desired by the commission, we could

1448
01:32:12,080 --> 01:32:15,880
 -- between the Planning and Zoning Commission meeting, if you were to approve this this evening

1449
01:32:15,880 --> 01:32:20,880
 or recommend approval, excuse me, between now and when it goes to council next week,

1450
01:32:20,880 --> 01:32:26,560
 we could talk to our transportation services team to see if there is any value to possibly

1451
01:32:26,560 --> 01:32:32,320
 limiting truck traffic on that portion of Black Road, if that's a concern of the commission.

1452
01:32:32,320 --> 01:32:34,320
 If not, you know, just tell us.

1453
01:32:34,320 --> 01:32:36,320
 With just, like, signage, you mean?

1454
01:32:36,320 --> 01:32:41,200
 Well, we'd have to look at probably from intersection to intersection, and in all likelihood it's

1455
01:32:41,200 --> 01:32:45,560
 from a major, you know, a more prominent intersection to a more prominent intersection to be able

1456
01:32:45,560 --> 01:32:50,880
 to look at whether or not prohibiting -- in order for us to prevent trucks from entering

1457
01:32:50,880 --> 01:32:51,880
 the site.

1458
01:32:51,880 --> 01:32:55,040
 I mean, we could have them post a sign, but if the truck is already on Black Road, it's

1459
01:32:55,040 --> 01:32:56,440
 already on Black Road, right?

1460
01:32:56,440 --> 01:33:03,480
 So that's why I said, yeah, we'd have to evaluate a larger section of it, but again, just whatever

1461
01:33:03,480 --> 01:33:04,480
 the commission's desire is.

1462
01:33:04,480 --> 01:33:05,480
 I keep thinking about that.

1463
01:33:05,480 --> 01:33:06,480
 Okay.

1464
01:33:06,480 --> 01:33:07,480
 And thank you, Tina.

1465
01:33:07,480 --> 01:33:09,360
 I did fail to mention that this is one of those cases that is being fast-tracked.

1466
01:33:09,360 --> 01:33:13,520
 It will be on City Council agenda or plans for City Council agenda next week.

1467
01:33:13,520 --> 01:33:14,520
 Okay.

1468
01:33:14,520 --> 01:33:15,520
 Thank you for that.

1469
01:33:15,520 --> 01:33:16,520
 Okay.

1470
01:33:16,520 --> 01:33:18,280
 Appreciate it.

1471
01:33:18,280 --> 01:33:19,280
 This is a public hearing.

1472
01:33:19,280 --> 01:33:23,920
 I have one card at the moment to speak, and it is the applicant, and it is Amy Bissett.

1473
01:33:23,920 --> 01:33:26,960
 I will invite her up to speak.

1474
01:33:26,960 --> 01:33:27,960
 Hello.

1475
01:33:27,960 --> 01:33:28,960
 Hello.

1476
01:33:28,960 --> 01:33:29,960
 Thank you.

1477
01:33:29,960 --> 01:33:30,960
 Thank you, Mia.

1478
01:33:30,960 --> 01:33:34,600
 Good evening, Commissioners and Chair Ellis.

1479
01:33:34,600 --> 01:33:37,360
 I appreciate the opportunity to be in front of you this evening.

1480
01:33:37,360 --> 01:33:40,480
 If I can get my slides to work, that would be great.

1481
01:33:40,480 --> 01:33:41,480
 There we go.

1482
01:33:41,480 --> 01:33:46,480
 I do want to start by saying that I did watch the work session, and I'm going to address

1483
01:33:46,480 --> 01:33:49,120
 some of those questions in my presentation tonight.

1484
01:33:49,120 --> 01:33:56,440
 And in a little bit of irony, the property owner, my client, is going to be here tonight,

1485
01:33:56,440 --> 01:34:02,760
 but he's currently stuck in traffic on 380, so he should be walking in any minute now.

1486
01:34:02,760 --> 01:34:08,400
 But speaking of the property owner, I do want to share anecdotally that Mr. Walker and Mr.

1487
01:34:08,400 --> 01:34:12,520
 Martin, who own this property today, have owned it for nearly 40 years now.

1488
01:34:12,520 --> 01:34:18,500
 They bought it in 1986 with the intent to develop it residentially, and have had a tremendous

1489
01:34:18,500 --> 01:34:25,200
 number of problems with the site, with the number of utilities that bisect the site.

1490
01:34:25,200 --> 01:34:32,500
 And it's just over the course of the years, the nature of 380 and the location have changed

1491
01:34:32,500 --> 01:34:39,760
 to where the suitability for residential has not improved during their time of ownership.

1492
01:34:39,760 --> 01:34:41,200
 And just thought I would share that.

1493
01:34:41,200 --> 01:34:47,360
 So this is the entire property you can see here, a portion of the property.

1494
01:34:47,360 --> 01:34:49,040
 This is the zoning map today.

1495
01:34:49,040 --> 01:34:53,000
 The northwest portion of the property was actually rezoned in 2021, some of you may

1496
01:34:53,000 --> 01:34:59,440
 remember that, to facilitate a project that ultimately did not materialize.

1497
01:34:59,440 --> 01:35:04,560
 The current property owners, Mr. Walker and Mr. Martin, are seeking to market the property

1498
01:35:04,560 --> 01:35:05,760
 for sale.

1499
01:35:05,760 --> 01:35:12,640
 They've had multiple developers interested since 2021, but just the number of challenges

1500
01:35:12,640 --> 01:35:19,160
 associated with it, and the fact that it's split zoning today, has caused them to seek

1501
01:35:19,160 --> 01:35:23,160
 out an attempt to rezone it ahead of a sale.

1502
01:35:23,160 --> 01:35:28,680
 The site does include electric transmission lines, an Atmos gas pipeline, and is adjacent

1503
01:35:28,680 --> 01:35:34,080
 to a substation, which are some of the challenges associated with it.

1504
01:35:34,080 --> 01:35:39,960
 I won't capture this again, but it is, future land use is mostly light industrial, but we

1505
01:35:39,960 --> 01:35:45,920
 are attempting to be respectful of the adjacency of low residential as well.

1506
01:35:45,920 --> 01:35:49,640
 The initial conditions that we proposed when we submitted the zoning application were an

1507
01:35:49,640 --> 01:35:55,160
 increased building setback along the eastern property line specifically, and then the ESA

1508
01:35:55,160 --> 01:35:57,600
 field assessment requirement.

1509
01:35:57,600 --> 01:36:00,600
 We then went into neighborhood engagement.

1510
01:36:00,600 --> 01:36:06,120
 We held two virtual meetings in May, and the neighbors indicated that they wanted to meet

1511
01:36:06,120 --> 01:36:10,140
 amongst themselves, and many of them are here tonight, which I very much appreciate.

1512
01:36:10,140 --> 01:36:13,080
 They've been a pleasure to work with.

1513
01:36:13,080 --> 01:36:17,320
 And then they followed up with us and asked for some additional conversation.

1514
01:36:17,320 --> 01:36:21,800
 We had a follow-up meeting on June 7th with a couple of the neighbors specifically related

1515
01:36:21,800 --> 01:36:23,600
 to issues on Black Road.

1516
01:36:23,600 --> 01:36:28,840
 And then I had an additional discussion last night with a neighborhood representative making

1517
01:36:28,840 --> 01:36:33,940
 some additional requests, so we'll kind of walk through what some of those are that we've

1518
01:36:33,940 --> 01:36:38,680
 addressed within the conditions today, and some that you could potentially put additional

1519
01:36:38,680 --> 01:36:41,600
 conditions on tonight.

1520
01:36:41,600 --> 01:36:46,340
 So here's a highlighted map of the property owners that I know I've personally spoken

1521
01:36:46,340 --> 01:36:47,340
 with.

1522
01:36:47,340 --> 01:36:50,080
 I know there's some here this evening that are not highlighted here, but I just wanted

1523
01:36:50,080 --> 01:36:54,640
 you to see that we have really tried to have a good representation of the residential property

1524
01:36:54,640 --> 01:36:57,640
 owners in the area.

1525
01:36:57,640 --> 01:37:05,040
 So the neighborhood requests and the additional conditions that we've agreed to, as Mia mentioned,

1526
01:37:05,040 --> 01:37:11,880
 now the setback and the landscape buffer encompass the entire area highlighted in yellow here.

1527
01:37:11,880 --> 01:37:16,440
 We've reduced the maximum building height from 75 feet to 55 feet.

1528
01:37:16,440 --> 01:37:18,360
 We had originally agreed to 60 feet.

1529
01:37:18,360 --> 01:37:20,220
 The neighborhood was asking for 50.

1530
01:37:20,220 --> 01:37:27,440
 I did a quick analysis on recent industrial project heights, and 55 seemed to be the max,

1531
01:37:27,440 --> 01:37:37,200
 and without putting a limitation on a potential buyer, we felt like 55 was reasonable to kind

1532
01:37:37,200 --> 01:37:41,700
 of meet in the middle and still not limit potential developers.

1533
01:37:41,700 --> 01:37:45,960
 We have also agreed to restrict Black Road to no truck traffic and employee entrance

1534
01:37:45,960 --> 01:37:52,080
 only to your question, Chair Ellis, about how do you keep them from coming onto Black Road.

1535
01:37:52,080 --> 01:37:56,920
 We've handled this in a couple of different cases in the past on zoning cases where we

1536
01:37:56,920 --> 01:38:02,440
 wanted truck traffic to go into a particular location and not others, and depending on

1537
01:38:02,440 --> 01:38:07,720
 the developer, they can certainly configure the site to discourage that.

1538
01:38:07,720 --> 01:38:10,840
 Trucks really want the easiest way in and out to start with, and so if they make it

1539
01:38:10,840 --> 01:38:15,780
 more difficult, that helps with that, but I agree that a conversation with transportation

1540
01:38:15,780 --> 01:38:19,280
 would be helpful between now and when we go to city council.

1541
01:38:19,280 --> 01:38:23,600
 We have agreed to prohibit major auto repair and fueling stations.

1542
01:38:23,600 --> 01:38:28,400
 I did listen to the work session, and there were some conversations about some additional

1543
01:38:28,400 --> 01:38:34,460
 prohibitions, and so I want to cover those options as well this evening.

1544
01:38:34,460 --> 01:38:38,400
 Before I get to that, though, I want to talk about a couple of specific requests from the

1545
01:38:38,400 --> 01:38:42,280
 neighbors that we are not opposed to, but might be a little challenging from a wording

1546
01:38:42,280 --> 01:38:44,800
 standpoint in the zoning ordinance.

1547
01:38:44,800 --> 01:38:51,800
 The neighbors prefer to have a 25-foot wide natural buffer area from their property where

1548
01:38:51,800 --> 01:38:56,440
 we basically don't touch what's there today, and then a screening wall, and then another

1549
01:38:56,440 --> 01:39:03,080
 25 feet, so it still meets the 50-foot width and all of the elements associated with it.

1550
01:39:03,080 --> 01:39:08,120
 We are fine with that being codified in the ordinance, if that's the wish of the council.

1551
01:39:08,120 --> 01:39:13,960
 I did speak with the neighbor about how that may create some vermin-type situations or

1552
01:39:13,960 --> 01:39:16,920
 something where there's a little bit of a no man's land where something might not get

1553
01:39:16,920 --> 01:39:22,440
 maintained well, and their preference was that that's how it is today, and they would

1554
01:39:22,440 --> 01:39:26,040
 like for it to stay that way because it's a natural buffer.

1555
01:39:26,040 --> 01:39:34,200
 We've also heard considerable conversation about a drainage, and specifically there is

1556
01:39:34,200 --> 01:39:42,240
 a potential ESA that comes through the northeast side of the property here, and there's really

1557
01:39:42,240 --> 01:39:46,160
 not a whole lot we can do from a zoning standpoint to address drainage.

1558
01:39:46,160 --> 01:39:52,840
 I think it's well addressed in the design criteria manual for drainage design in that

1559
01:39:52,840 --> 01:39:58,280
 we're not permitted to increase runoff from what it is today, and we have to detain for

1560
01:39:58,280 --> 01:40:01,000
 water quality volume as well.

1561
01:40:01,000 --> 01:40:08,760
 However, there are some existing drainage issues across Black Road draining to the south,

1562
01:40:08,760 --> 01:40:12,460
 and there's some concerns about contamination of water runoff.

1563
01:40:12,460 --> 01:40:15,320
 I just want to acknowledge those here in front of you all today.

1564
01:40:15,320 --> 01:40:21,160
 I don't know that we have a solution other than following the criteria manual when the

1565
01:40:21,160 --> 01:40:26,920
 property does develop, and hopefully we would be involved with that developer at that time

1566
01:40:26,920 --> 01:40:31,760
 and can help encourage them to work with the neighbors to solve some of those issues.

1567
01:40:31,760 --> 01:40:37,640
 There's also concern about landscaping being irrigated and maintained, and we've covered

1568
01:40:37,640 --> 01:40:44,040
 the requirement that the landscape buffer would require irrigation and that any landscaping

1569
01:40:44,040 --> 01:40:50,800
 that did not survive within the first couple of years would be required to be replaced.

1570
01:40:50,800 --> 01:40:57,000
 As it relates to allowable land uses, these are the industrial category allowable land

1571
01:40:57,000 --> 01:41:00,480
 uses that would be permitted under LI.

1572
01:41:00,480 --> 01:41:03,880
 Just the highlighted ones are the only ones that are permitted by right.

1573
01:41:03,880 --> 01:41:08,800
 Those that have an S beside them would require a specific use permit, which would require

1574
01:41:08,800 --> 01:41:11,100
 us to come back before you again.

1575
01:41:11,100 --> 01:41:15,040
 Those with an X are not permitted in light industrial.

1576
01:41:15,040 --> 01:41:18,520
 I personally don't see anything on this list that would be objectionable.

1577
01:41:18,520 --> 01:41:23,000
 However, if any of you do, we are open to discussion on those.

1578
01:41:23,000 --> 01:41:27,880
 I think what I heard from the work session is really more of a concern of the auto or

1579
01:41:27,880 --> 01:41:35,880
 the vehicle related uses that are highlighted here, auto wash, fuel sales, auto repair shop,

1580
01:41:35,880 --> 01:41:37,560
 minor and major.

1581
01:41:37,560 --> 01:41:44,880
 We have no issue eliminating all of those as land uses on this property, and just highlighted

1582
01:41:44,880 --> 01:41:53,640
 a few others here that you may want to point out or seek further prohibitions on.

1583
01:41:53,640 --> 01:41:57,360
 My client is open to any of those.

1584
01:41:57,360 --> 01:42:04,720
 He's basically seeking true light industrial warehousing uses on this site.

1585
01:42:04,720 --> 01:42:05,720
 That concludes my presentation.

1586
01:42:05,720 --> 01:42:08,080
 I'm happy to answer any questions that you have.

1587
01:42:08,080 --> 01:42:09,080
 Thank you.

1588
01:42:09,080 --> 01:42:10,920
 Thank you very much.

1589
01:42:10,920 --> 01:42:15,920
 I'm waiting for my screen to come up here to see if we've got any questions.

1590
01:42:15,920 --> 01:42:16,920
 Vice Chair Perot.

1591
01:42:16,920 --> 01:42:17,920
 Thank you, Chair.

1592
01:42:17,920 --> 01:42:19,920
 Just a couple of things.

1593
01:42:19,920 --> 01:42:30,640
 I wasn't able to pull up the topo information quickly with the desire of the 25 foot natural

1594
01:42:30,640 --> 01:42:37,640
 barrier and then the further 25 feet being where the buffer points are spent essentially

1595
01:42:37,640 --> 01:42:45,960
 to create the natural buffer or the landscape buffer.

1596
01:42:45,960 --> 01:42:52,120
 Is there a considerable rise or fall from the adjacent properties inland or inward to

1597
01:42:52,120 --> 01:43:02,400
 the site that would cause a buffer to be more height guarding, if you will, if it were closer

1598
01:43:02,400 --> 01:43:04,600
 than further away?

1599
01:43:04,600 --> 01:43:13,920
 The low points on this site are near the east, southeast corner, and then south along Black.

1600
01:43:13,920 --> 01:43:16,680
 Anything falls to the southeast.

1601
01:43:16,680 --> 01:43:22,080
 I don't know that having it closer or further away is necessarily going to affect the visual

1602
01:43:22,080 --> 01:43:23,080
 buffer.

1603
01:43:23,080 --> 01:43:24,080
 Okay.

1604
01:43:24,080 --> 01:43:30,440
 Then secondly, I appreciate you looking into the typical heights of developments and that

1605
01:43:30,440 --> 01:43:31,440
 sort of thing.

1606
01:43:31,440 --> 01:43:40,920
 I'm really not very familiar with the economic cost jumps, if you will, in industrial type

1607
01:43:40,920 --> 01:43:44,200
 large building construction.

1608
01:43:44,200 --> 01:43:51,320
 What I'm wondering is, does setting 55 feet for the entire, I mean, not the entire highlighted

1609
01:43:51,320 --> 01:43:57,240
 parcel you're there, but the parcel that we're talking about in this rezoning, it's fairly

1610
01:43:57,240 --> 01:43:59,280
 tall and wide, right?

1611
01:43:59,280 --> 01:44:06,500
 There's some places there that are more than 1,000 feet from the adjacent properties.

1612
01:44:06,500 --> 01:44:14,400
 I wouldn't want a 55 foot height limit carte blanche in that region to cause the development

1613
01:44:14,400 --> 01:44:22,880
 to move closer to the adjacent residential sites if allowing 65 feet or something else,

1614
01:44:22,880 --> 01:44:28,360
 if it made more sense from a construction dollars perspective on the northern and western

1615
01:44:28,360 --> 01:44:35,800
 side of the site would allow them the flexibility, if you would, to not encroach as close as

1616
01:44:35,800 --> 01:44:36,800
 possible.

1617
01:44:36,800 --> 01:44:37,800
 Does that make sense?

1618
01:44:37,800 --> 01:44:38,800
 Sure.

1619
01:44:38,800 --> 01:44:40,080
 I'll do my best to address that question.

1620
01:44:40,080 --> 01:44:45,520
 The height that we arrived at, 55 feet, is really driven by clearance heights for the

1621
01:44:45,520 --> 01:44:49,160
 various uses that warehouses typically have.

1622
01:44:49,160 --> 01:44:54,160
 You're going to have dock doors and bays where you may have equipment moving in and out,

1623
01:44:54,160 --> 01:45:00,120
 open span areas for storage and maneuvering of equipment inside the building.

1624
01:45:00,120 --> 01:45:02,600
 That's really where the 55 feet came from.

1625
01:45:02,600 --> 01:45:08,280
 I don't know that there's a direct correlation between square footage versus height.

1626
01:45:08,280 --> 01:45:13,460
 It's more about what's functioning in the building and how much clearance span they

1627
01:45:13,460 --> 01:45:20,000
 need to be able to maneuver inside the building and in and out of the building.

1628
01:45:20,000 --> 01:45:26,480
 The 55 feet seem to be of the projects that I looked at in the recent year that have been

1629
01:45:26,480 --> 01:45:36,080
 permitted 55 feet seem to be the highest that I found, and so most are right at 50 feet.

1630
01:45:36,080 --> 01:45:37,080
 Okay.

1631
01:45:37,080 --> 01:45:38,080
 Thanks.

1632
01:45:38,080 --> 01:45:39,080
 That does help.

1633
01:45:39,080 --> 01:45:40,080
 Thank you.

1634
01:45:40,080 --> 01:45:41,080
 Thank you.

1635
01:45:41,080 --> 01:45:42,080
 Any other questions at the moment?

1636
01:45:42,080 --> 01:45:43,080
 Thank you very much.

1637
01:45:43,080 --> 01:45:44,080
 Thank you.

1638
01:45:44,080 --> 01:45:45,080
 Appreciate it.

1639
01:45:45,080 --> 01:45:48,640
 I don't have any cards in front of me, but this is a public hearing.

1640
01:45:48,640 --> 01:45:51,680
 Is there anyone wishing to come speak on this item?

1641
01:45:51,680 --> 01:46:01,800
 Yep, come on down.

1642
01:46:01,800 --> 01:46:04,480
 If you will state your name and address, your time will begin.

1643
01:46:04,480 --> 01:46:05,960
 Yes, I'm Debbie Brooks.

1644
01:46:05,960 --> 01:46:09,680
 I live at 5585 Black Road.

1645
01:46:09,680 --> 01:46:12,560
 My concern is about the barrier structure.

1646
01:46:12,560 --> 01:46:21,360
 It needs to be substantial enough to last years, decades, five, 10 decades, because

1647
01:46:21,360 --> 01:46:26,240
 the sum of structures as we know, they look substantial initially, and yet they deteriorate

1648
01:46:26,240 --> 01:46:27,240
 in attrition.

1649
01:46:27,240 --> 01:46:31,120
 It looks horrible after just a few years.

1650
01:46:31,120 --> 01:46:37,160
 So if that can be addressed about the quality and the sustainability of that barrier, I

1651
01:46:37,160 --> 01:46:38,520
 would appreciate it.

1652
01:46:38,520 --> 01:46:39,800
 Thank you.

1653
01:46:39,800 --> 01:46:40,800
 Let me ask you a question.

1654
01:46:40,800 --> 01:46:41,800
 Yes.

1655
01:46:41,800 --> 01:46:42,800
 If I could, please.

1656
01:46:42,800 --> 01:46:44,600
 You're talking about the buffering, like that 250 foot buffer.

1657
01:46:44,600 --> 01:46:45,600
 Is that what you're referring to?

1658
01:46:45,600 --> 01:46:50,280
 Well, there's a 25 foot, and then a barrier is my understanding, and then another 25 feet.

1659
01:46:50,280 --> 01:46:52,960
 In what Ms. Bissett just presented.

1660
01:46:52,960 --> 01:46:56,760
 Yes, so that barrier, a physical barrier is my understanding.

1661
01:46:56,760 --> 01:46:58,480
 Is that yours as well?

1662
01:46:58,480 --> 01:47:03,640
 I think that was a little bit different than the material that we had right in front of

1663
01:47:03,640 --> 01:47:04,640
 us.

1664
01:47:04,640 --> 01:47:08,720
 So I'll probably ask her to bring that back up, and we can discuss that a little bit further.

1665
01:47:08,720 --> 01:47:10,320
 Thank you for sharing your concerns.

1666
01:47:10,320 --> 01:47:11,920
 Appreciate it.

1667
01:47:11,920 --> 01:47:15,780
 Is there anyone else wishing to speak on this item?

1668
01:47:15,780 --> 01:47:23,400
 Come on down, if you'll state your name and address, your time will begin.

1669
01:47:23,400 --> 01:47:24,400
 Thank you.

1670
01:47:24,400 --> 01:47:25,400
 Jonathan Brooks.

1671
01:47:25,400 --> 01:47:28,760
 I'm at 5579 Black Road.

1672
01:47:28,760 --> 01:47:32,760
 There were several things that I discussed with Amy about the property.

1673
01:47:32,760 --> 01:47:35,120
 It seems that most of those have been addressed here.

1674
01:47:35,120 --> 01:47:39,120
 I'm happy with what she came up with.

1675
01:47:39,120 --> 01:47:44,360
 I think there is some concern, I'll reiterate, mostly just for the records you hear from

1676
01:47:44,360 --> 01:47:45,360
 me.

1677
01:47:45,360 --> 01:47:46,360
 There's a concern about drainage.

1678
01:47:46,360 --> 01:47:49,400
 I've done a bit of research on it, asked some friends who are in the know about it.

1679
01:47:49,400 --> 01:47:57,080
 And it seems as though the natural drainage will drain off the southwest of the property

1680
01:47:57,080 --> 01:48:08,640
 towards Blag and into some county land that's owned by Gary, who's not here today.

1681
01:48:08,640 --> 01:48:10,600
 How is draining addressed?

1682
01:48:10,600 --> 01:48:12,800
 That's the first question when it comes to planning and zoning.

1683
01:48:12,800 --> 01:48:16,520
 If anybody could fill me in on how that will be addressed as a whole.

1684
01:48:16,520 --> 01:48:19,920
 And then the only other question I had was on the ESA itself.

1685
01:48:19,920 --> 01:48:28,160
 What are the regulatory bodies who will make sure that that ESA doesn't get polluted?

1686
01:48:28,160 --> 01:48:33,520
 Because many of our homes, either when that ESA floods or if there's rain, it comes into

1687
01:48:33,520 --> 01:48:34,520
 our properties.

1688
01:48:34,520 --> 01:48:37,720
 Those are the only two that I had, at least right now.

1689
01:48:37,720 --> 01:48:42,200
 Thank you very much for sharing your concerns.

1690
01:48:42,200 --> 01:48:50,520
 I might ask Mia to come up, just so those questions is fresh in the mind.

1691
01:48:50,520 --> 01:48:54,560
 Can you address either of those concerns publicly for us, please?

1692
01:48:54,560 --> 01:48:58,920
 So drainage review will be done when we review their civil engineering plans.

1693
01:48:58,920 --> 01:49:03,960
 Of course, we'll make sure that they are meeting our criteria, manuals, and code, and also

1694
01:49:03,960 --> 01:49:10,200
 state law, which I think Amy stated, prohibits properties from creating a drainage flow that

1695
01:49:10,200 --> 01:49:16,160
 is, or a rate that is greater than what was existing with any development.

1696
01:49:16,160 --> 01:49:20,320
 And then as far as the ESA review, that is, again, another review that staff does.

1697
01:49:20,320 --> 01:49:25,780
 The alternative ESA plans do come before this body, if it comes to that.

1698
01:49:25,780 --> 01:49:32,960
 But ESA compliance is a staff review, and I don't know...

1699
01:49:32,960 --> 01:49:40,320
 As far as, I think, maybe Tina could speak to what happens after the ESA review, but

1700
01:49:40,320 --> 01:49:48,640
 I know that that's also done at civil engineering plan review, end zone compliance plan review.

1701
01:49:48,640 --> 01:49:49,640
 We have one...

1702
01:49:49,640 --> 01:49:50,640
 Christy is here.

1703
01:49:50,640 --> 01:49:51,640
 Excellent.

1704
01:49:51,640 --> 01:49:52,640
 Awesome.

1705
01:49:52,640 --> 01:49:53,640
 Yeah.

1706
01:49:53,640 --> 01:49:54,640
 Awesome.

1707
01:49:54,640 --> 01:49:55,640
 Hello, Christy.

1708
01:49:55,640 --> 01:49:58,440
 Hi, Christy Upton, environmental compliance coordinator, and I am the main staff who reviews

1709
01:49:58,440 --> 01:50:05,120
 environmentally sensitive areas when there is a property where there's environmentally

1710
01:50:05,120 --> 01:50:09,880
 sensitive areas, I'm heavily involved in that process.

1711
01:50:09,880 --> 01:50:17,120
 So in this case of this property, there was a field assessment in the past where we confirmed

1712
01:50:17,120 --> 01:50:24,640
 that there is a riparian buffer or a zone of vegetation that spans 50 feet on either

1713
01:50:24,640 --> 01:50:28,360
 side of the waterway itself.

1714
01:50:28,360 --> 01:50:36,440
 The regulatory protection is just focused on the vegetation and is not a part of drainage

1715
01:50:36,440 --> 01:50:38,540
 and drainage control.

1716
01:50:38,540 --> 01:50:45,960
 So that distinction needs to be in the minds of the reviewers and the applicant.

1717
01:50:45,960 --> 01:50:53,040
 And then in addition to that, any drainage issues should be addressed through the civil

1718
01:50:53,040 --> 01:50:56,120
 plans or through drainage reviews.

1719
01:50:56,120 --> 01:50:57,120
 Okay.

1720
01:50:57,120 --> 01:50:58,120
 Thank you.

1721
01:50:58,120 --> 01:50:59,120
 That does help.

1722
01:50:59,120 --> 01:51:00,120
 I appreciate it, Christy.

1723
01:51:00,120 --> 01:51:01,120
 Thank you.

1724
01:51:01,120 --> 01:51:02,120
 Okay.

1725
01:51:02,120 --> 01:51:03,480
 This is a public hearing.

1726
01:51:03,480 --> 01:51:05,840
 Is there anyone else wishing to come and speak?

1727
01:51:05,840 --> 01:51:11,200
 Who has not?

1728
01:51:11,200 --> 01:51:12,200
 Hello there.

1729
01:51:12,200 --> 01:51:13,200
 Hi.

1730
01:51:13,200 --> 01:51:19,800
 My name's Tom Brooks, not related to the other Brookses, but I'm on 6801 Appaloosa Court.

1731
01:51:19,800 --> 01:51:28,480
 And so my property is adjacent on the east side of this new proposed piece of property,

1732
01:51:28,480 --> 01:51:34,400
 and that ESA that we're all talking about runs through a part of my property and the

1733
01:51:34,400 --> 01:51:36,280
 rest of my neighborhood.

1734
01:51:36,280 --> 01:51:43,880
 So I have serious concerns about drainage off that land, into that creek, into my property,

1735
01:51:43,880 --> 01:51:46,600
 and through the rest of my neighborhood.

1736
01:51:46,600 --> 01:51:49,360
 I think she briefly mentioned a detention pond.

1737
01:51:49,360 --> 01:51:53,480
 I don't know if it was specifically stated, but I'm not even sure that a detention pond

1738
01:51:53,480 --> 01:51:54,480
 is going to be enough.

1739
01:51:54,480 --> 01:52:01,320
 Depending on what type of structure is being built on that, I heard me say that a study

1740
01:52:01,320 --> 01:52:06,360
 would be done after a decision was made on what type of structure would be built.

1741
01:52:06,360 --> 01:52:10,200
 I think a study needs to be done now.

1742
01:52:10,200 --> 01:52:15,800
 There's serious drainage concerns into that creek, into that ESA currently.

1743
01:52:15,800 --> 01:52:21,360
 And there's two properties that haven't been built in Lakeview Ranch, and it's because

1744
01:52:21,360 --> 01:52:26,240
 of the issues of that creek and the drainage from that property.

1745
01:52:26,240 --> 01:52:30,600
 They've talked about the drainage being southwest or south towards Blag, but a good portion

1746
01:52:30,600 --> 01:52:37,680
 of this newly rezoned proposed land drains eastward towards that creek.

1747
01:52:37,680 --> 01:52:42,320
 So any significant structure that gets built there is going to cause significant drainage

1748
01:52:42,320 --> 01:52:45,720
 into that creek, which already floods.

1749
01:52:45,720 --> 01:52:50,000
 And it's on my property, a good portion of that, you'll see that property line, a good

1750
01:52:50,000 --> 01:52:52,520
 portion of that property is my property.

1751
01:52:52,520 --> 01:52:56,560
 And so I have serious concerns if anything gets built there, and no study being done

1752
01:52:56,560 --> 01:53:01,160
 until after a decision has been made of what's being built there.

1753
01:53:01,160 --> 01:53:02,160
 That's a serious problem.

1754
01:53:02,160 --> 01:53:04,800
 And I don't know if a detention pond is enough.

1755
01:53:04,800 --> 01:53:09,040
 I think a retention pond at the minimum has to be built.

1756
01:53:09,040 --> 01:53:12,720
 And you don't even know what size a retention pond needs to be built if you don't know what

1757
01:53:12,720 --> 01:53:15,600
 structure is going to be built there.

1758
01:53:15,600 --> 01:53:24,680
 So I'd like that to be seriously considered by this committee before anything's decided.

1759
01:53:24,680 --> 01:53:30,820
 The other concern I think has been addressed here as far as the traffic on Blag Road.

1760
01:53:30,820 --> 01:53:33,360
 I'm not sure how familiar you guys are with Blag Road.

1761
01:53:33,360 --> 01:53:36,200
 It's a narrow two-lane road currently.

1762
01:53:36,200 --> 01:53:41,420
 It cannot support any kind of trucks driving on that currently.

1763
01:53:41,420 --> 01:53:45,840
 You get driven off the road if any significant vehicle comes down that road the opposite

1764
01:53:45,840 --> 01:53:46,840
 direction.

1765
01:53:46,840 --> 01:53:50,680
 So I'm not sure how you're going to propose to prevent any trucks coming down Blag.

1766
01:53:50,680 --> 01:53:59,520
 I mean, even if you're preventing entrance or exit from that property onto Blag, they

1767
01:53:59,520 --> 01:54:03,280
 can still exit via Geesling and get to Blag.

1768
01:54:03,280 --> 01:54:10,040
 So I mean, if you're familiar with 380 now and how this property is structured, the only

1769
01:54:10,040 --> 01:54:14,280
 way you can get out of there is to go east on 380.

1770
01:54:14,280 --> 01:54:19,160
 What's the proposed solution for any truck wanting to go the other direction?

1771
01:54:19,160 --> 01:54:25,720
 They're going to go down Geesling onto Blag and it's going to cause more issues.

1772
01:54:25,720 --> 01:54:29,360
 I'm surprised there's not more people that live on Blag that aren't complaining about

1773
01:54:29,360 --> 01:54:30,520
 this.

1774
01:54:30,520 --> 01:54:35,280
 That's a significant issue that needs to be addressed before anything is built, before

1775
01:54:35,280 --> 01:54:38,240
 zoning is changed.

1776
01:54:38,240 --> 01:54:42,520
 And I'm not sure what type of structures can be built underneath those power lines and

1777
01:54:42,520 --> 01:54:49,520
 over that gas line underground, but you know, I'm not sure why we're even having a discussion

1778
01:54:49,520 --> 01:54:55,160
 of rezoning that piece of property at this point in time.

1779
01:54:55,160 --> 01:54:58,160
 Any questions for me?

1780
01:54:58,160 --> 01:55:03,880
 I do not see any, but thank you for sharing your concern.

1781
01:55:03,880 --> 01:55:07,000
 When will anything be addressed about that ESA, because it's been brought up a number

1782
01:55:07,000 --> 01:55:13,400
 of times, but nothing's been said about what would be addressed.

1783
01:55:13,400 --> 01:55:17,440
 That 50 foot buffer that she talked about on each side of the creek, it's actually larger

1784
01:55:17,440 --> 01:55:24,720
 than that, the tree canopy, so I would like that to not be disturbed at all.

1785
01:55:24,720 --> 01:55:25,720
 Is that my time?

1786
01:55:25,720 --> 01:55:26,720
 It is.

1787
01:55:26,720 --> 01:55:27,720
 Thank you very much.

1788
01:55:27,720 --> 01:55:28,720
 Appreciate it.

1789
01:55:28,720 --> 01:55:31,600
 All right.

1790
01:55:31,600 --> 01:55:37,360
 This is a public hearing, come on down.

1791
01:55:37,360 --> 01:55:39,680
 Good evening.

1792
01:55:39,680 --> 01:55:41,520
 My name is Cynthia Porter.

1793
01:55:41,520 --> 01:55:47,800
 I live at 5511 Black Road with my husband and my daughter and my four-year-old granddaughter.

1794
01:55:47,800 --> 01:55:53,760
 I ask for your consideration to protect the interests of my family and our neighbors.

1795
01:55:53,760 --> 01:55:54,760
 I love Denton.

1796
01:55:54,760 --> 01:56:00,200
 I've earned two degrees at the University of North Texas, bachelor's in education and

1797
01:56:00,200 --> 01:56:01,960
 educational administration.

1798
01:56:01,960 --> 01:56:09,880
 I retired from public education just two years ago, after 32 years, 18 of which I was a campus

1799
01:56:09,880 --> 01:56:17,480
 administrator, so I understand how difficult it is to be in your position to make decisions.

1800
01:56:17,480 --> 01:56:21,840
 Each day when I go home at night, to know that I made those decisions based upon what

1801
01:56:21,840 --> 01:56:26,880
 was on the best interest of my kids made me sleep well at night, and to know I did the

1802
01:56:26,880 --> 01:56:34,080
 wrong thing, the right thing, no matter how difficult that it was, putting the kids first.

1803
01:56:34,080 --> 01:56:40,160
 And so I ask that you also put yourself in that shoes in putting our neighborhood and

1804
01:56:40,160 --> 01:56:46,200
 our neighbors first above businesses that haven't even developed an ownership and plans

1805
01:56:46,200 --> 01:56:55,640
 that haven't even come to fruition after decades, decades of being a residentially zoned area.

1806
01:56:55,640 --> 01:57:00,200
 We purchased our home in March of 2007.

1807
01:57:00,200 --> 01:57:04,920
 I believe I'm one of the longest residents that have lived on Black Road adjacent to

1808
01:57:04,920 --> 01:57:09,280
 that property.

1809
01:57:09,280 --> 01:57:14,400
 My daughter grew up and went to school here for 13 years, attends Texas Women's University.

1810
01:57:14,400 --> 01:57:18,020
 We are vested citizens in this community.

1811
01:57:18,020 --> 01:57:26,480
 We may not be business owners, but we pay our taxes and we love our neighborhood.

1812
01:57:26,480 --> 01:57:30,860
 It's part of the American dream to come out here and to build and own property.

1813
01:57:30,860 --> 01:57:36,720
 As you look at a map, the smallest acreage in that neighborhood is three acres.

1814
01:57:36,720 --> 01:57:39,380
 We're on the outskirts of Denton.

1815
01:57:39,380 --> 01:57:47,360
 We chose to live in a nice community where we had space, we had breathing room.

1816
01:57:47,360 --> 01:57:51,520
 Out of the seven homes that are on Black Road, five of them have been built within the past

1817
01:57:51,520 --> 01:57:53,720
 10 years.

1818
01:57:53,720 --> 01:57:54,920
 They're newer homes.

1819
01:57:54,920 --> 01:58:00,920
 People have invested themselves into coming and living and being a part of this area and

1820
01:58:00,920 --> 01:58:05,080
 to have a little breathing space and a little breathing room.

1821
01:58:05,080 --> 01:58:09,720
 You've looked at maps probably from above and seen plots and drawings, but if you've

1822
01:58:09,720 --> 01:58:13,700
 never driven the neighborhood, it is very unique.

1823
01:58:13,700 --> 01:58:15,640
 There are no cookie cutter homes.

1824
01:58:15,640 --> 01:58:16,640
 They're all custom.

1825
01:58:16,640 --> 01:58:17,640
 They're all different.

1826
01:58:17,640 --> 01:58:19,180
 There's no comps.

1827
01:58:19,180 --> 01:58:23,800
 Real estate experts will tell you there's no comps for my home in the area.

1828
01:58:23,800 --> 01:58:26,820
 It's different and it's special.

1829
01:58:26,820 --> 01:58:33,640
 I love looking out my back patio onto this adjacent property that is currently trees

1830
01:58:33,640 --> 01:58:40,340
 and canopies and have lots of wildlife, wild boars, deer, coyotes, all that comes with

1831
01:58:40,340 --> 01:58:42,460
 that.

1832
01:58:42,460 --> 01:58:48,400
 Why would we move our families and invest in this area that has been residentially zoned

1833
01:58:48,400 --> 01:58:54,720
 for decades to have it now be changed to light industrial?

1834
01:58:54,720 --> 01:58:57,760
 We've invested our time and our family.

1835
01:58:57,760 --> 01:59:07,160
 I understand the staff analysts, they have all of the electrical work, the gas pipelines.

1836
01:59:07,160 --> 01:59:12,960
 It can't be built residential on that adjacent property, but that's not our burden to bear.

1837
01:59:12,960 --> 01:59:18,840
 That's not our fault to have to compromise our property values, our tax values, my well

1838
01:59:18,840 --> 01:59:20,440
 water, my well system.

1839
01:59:20,440 --> 01:59:23,280
 We're all on well water out there.

1840
01:59:23,280 --> 01:59:25,640
 That's not our burden to bear.

1841
01:59:25,640 --> 01:59:29,480
 It's not our burden to bear to have to tie those plots up with a nice little bow and

1842
01:59:29,480 --> 01:59:35,320
 make them all unanimous zoning because some are light industrial and some are residential.

1843
01:59:35,320 --> 01:59:37,280
 That's not my burden to bear.

1844
01:59:37,280 --> 01:59:43,520
 My burden to bear is to raise my family and to enjoy my investment in the city of Den.

1845
01:59:43,520 --> 01:59:48,240
 I know it's a difficult decision when they're looking at fiscal investments and $8 billion,

1846
01:59:48,240 --> 01:59:49,240
 million dollars.

1847
01:59:49,240 --> 01:59:56,360
 I can't compete with that, but I do ask that you do consider that we have our own investment

1848
01:59:56,360 --> 01:59:59,980
 in our own families and the being good community citizens.

1849
01:59:59,980 --> 02:00:00,980
 Thank you.

1850
02:00:00,980 --> 02:00:01,980
 Thank you.

1851
02:00:01,980 --> 02:00:02,980
 Appreciate it.

1852
02:00:02,980 --> 02:00:10,680
 Commissioner Pruitt, I know I had seen your name and I did not call on you before that

1853
02:00:10,680 --> 02:00:11,680
 speaker.

1854
02:00:11,680 --> 02:00:12,680
 Did you have something to add?

1855
02:00:12,680 --> 02:00:13,680
 Yeah.

1856
02:00:13,680 --> 02:00:14,680
 I had a late question for the previous speaker.

1857
02:00:14,680 --> 02:00:15,680
 Okay.

1858
02:00:15,680 --> 02:00:16,680
 If it's possible for them to come back.

1859
02:00:16,680 --> 02:00:17,680
 Of course.

1860
02:00:17,680 --> 02:00:18,680
 Yes.

1861
02:00:18,680 --> 02:00:19,680
 Yes.

1862
02:00:19,680 --> 02:00:22,680
 Yes, please.

1863
02:00:22,680 --> 02:00:28,480
 Thank you for coming and speaking to give clarity of the types of things you're concerned

1864
02:00:28,480 --> 02:00:30,800
 about.

1865
02:00:30,800 --> 02:00:38,240
 It strikes me that sometimes when we have ESAs and we do the ESA plans for that, the

1866
02:00:38,240 --> 02:00:44,360
 type of buffering that we do, whether it's natural plantings or a wall or that sort of

1867
02:00:44,360 --> 02:00:52,040
 thing is limited for the reasons of maintaining the natural order of that ESA buffer.

1868
02:00:52,040 --> 02:00:58,680
 I'm wondering is ... I'm anticipating that we may talk a little bit about what that buffer

1869
02:00:58,680 --> 02:01:04,500
 and fence and wall might look like, and I want to make sure that your perspective is

1870
02:01:04,500 --> 02:01:16,140
 heard from a stance of is a wall or fence preferred, and if so, what does that look

1871
02:01:16,140 --> 02:01:22,680
 like or is it really just let's keep the natural order the way things are and focus on giving

1872
02:01:22,680 --> 02:01:26,400
 flexibility to provide a buffer visually there.

1873
02:01:26,400 --> 02:01:27,400
 Does that make sense?

1874
02:01:27,400 --> 02:01:36,360
 Yes, so luckily for me, the tree canopy that surrounds the creek, that ESA, kind of runs

1875
02:01:36,360 --> 02:01:42,560
 down my property line, but there's two properties next to me that are exposed directly to the

1876
02:01:42,560 --> 02:01:54,160
 lots, to this property that we're speaking about, and so they will have more of an impact.

1877
02:01:54,160 --> 02:02:01,280
 For me, the existing canopy, if it's not changed harm or damaged in any way, is enough of a

1878
02:02:01,280 --> 02:02:08,400
 buffer that I won't see anything beyond that, but the bigger concern for me is obviously

1879
02:02:08,400 --> 02:02:14,600
 the drainage and anything that comes towards that creek.

1880
02:02:14,600 --> 02:02:16,800
 Amy had mentioned a detention pond.

1881
02:02:16,800 --> 02:02:22,440
 I'm not sure ... There's been no discussion about where that would even be located, how

1882
02:02:22,440 --> 02:02:27,360
 large it would be, making sure ... I mean, if no study's been done on the type of drainage,

1883
02:02:27,360 --> 02:02:34,040
 how much drainage, what direction the drainage, nobody knows where and how large that would

1884
02:02:34,040 --> 02:02:35,760
 be, right?

1885
02:02:35,760 --> 02:02:36,800
 I don't even know if it's enough.

1886
02:02:36,800 --> 02:02:43,440
 Like I mentioned, I think a retention pond would probably be more appropriate, but I

1887
02:02:43,440 --> 02:02:44,440
 don't even know that.

1888
02:02:44,440 --> 02:02:49,540
 I would love for whoever's responsible for this ESA and any drainage towards it to do

1889
02:02:49,540 --> 02:02:52,000
 a study and understand that prior to.

1890
02:02:52,000 --> 02:02:53,000
 Thank you.

1891
02:02:53,000 --> 02:02:54,000
 Yeah.

1892
02:02:54,000 --> 02:03:01,000
 I mean, as far as the buffer, I think it would be obviously the folks on the black side of

1893
02:03:01,000 --> 02:03:05,320
 the property and the other two next to me that would have more of an idea of what would

1894
02:03:05,320 --> 02:03:08,200
 be better to obscure that view.

1895
02:03:08,200 --> 02:03:09,200
 Okay.

1896
02:03:09,200 --> 02:03:10,200
 Thank you.

1897
02:03:10,200 --> 02:03:11,200
 Thank you very much.

1898
02:03:11,200 --> 02:03:12,200
 Okay.

1899
02:03:12,200 --> 02:03:13,200
 This is a public hearing.

1900
02:03:13,200 --> 02:03:22,480
 Is there anyone else wishing to speak who has not already?

1901
02:03:22,480 --> 02:03:25,480
 Hello.

1902
02:03:25,480 --> 02:03:26,480
 Hi.

1903
02:03:26,480 --> 02:03:27,480
 Do I need to state my name again?

1904
02:03:27,480 --> 02:03:28,480
 You do.

1905
02:03:28,480 --> 02:03:29,480
 All right.

1906
02:03:29,480 --> 02:03:30,480
 I'm Deborah Brooks.

1907
02:03:30,480 --> 02:03:31,480
 I live at 5585 Black Brook.

1908
02:03:31,480 --> 02:03:32,840
 And you did speak once, right?

1909
02:03:32,840 --> 02:03:33,840
 Yes.

1910
02:03:33,840 --> 02:03:34,840
 Okay.

1911
02:03:34,840 --> 02:03:35,840
 May I speak twice?

1912
02:03:35,840 --> 02:03:38,440
 I was under four minutes.

1913
02:03:38,440 --> 02:03:40,640
 I will go ahead and let you have the floor for ...

1914
02:03:40,640 --> 02:03:41,640
 Thank you.

1915
02:03:41,640 --> 02:03:42,640
 Yes.

1916
02:03:42,640 --> 02:03:43,640
 Thank you.

1917
02:03:43,640 --> 02:03:44,640
 Just cross my mind as we were sitting here.

1918
02:03:44,640 --> 02:03:48,040
 You know how sometimes light industrial areas or industrial areas do have these lights that

1919
02:03:48,040 --> 02:03:52,760
 just glow like something from outer space.

1920
02:03:52,760 --> 02:04:00,600
 I would think light pollution might be something that needs to be addressed as well so that

1921
02:04:00,600 --> 02:04:03,280
 it's more pleasant in our neighborhood.

1922
02:04:03,280 --> 02:04:07,160
 That's all I have to say.

1923
02:04:07,160 --> 02:04:08,160
 Commissioner Thacker.

1924
02:04:08,160 --> 02:04:09,160
 Thank you, Chair.

1925
02:04:09,160 --> 02:04:10,160
 Quick question.

1926
02:04:10,160 --> 02:04:15,520
 I'm looking at some of those of you that gave public comment and thank you for participating

1927
02:04:15,520 --> 02:04:19,840
 in your community and coming and speaking for your area.

1928
02:04:19,840 --> 02:04:27,160
 I'm looking at some of your addresses in relation to where the Black Road and Giesling Road

1929
02:04:27,160 --> 02:04:28,160
 are at.

1930
02:04:28,160 --> 02:04:32,560
 And it looks like there's already some industrial areas that are established there.

1931
02:04:32,560 --> 02:04:39,760
 And in addition, speaking to the lighting, those electric units, are those not already

1932
02:04:39,760 --> 02:04:41,520
 highly lit at night?

1933
02:04:41,520 --> 02:04:44,480
 Are you talking about the electric area?

1934
02:04:44,480 --> 02:04:45,480
 Yeah.

1935
02:04:45,480 --> 02:04:46,480
 The grids there?

1936
02:04:46,480 --> 02:04:47,480
 Yes.

1937
02:04:47,480 --> 02:04:53,600
 And they were quite invasive, and I believe, Johnna, called the city or whoever it is,

1938
02:04:53,600 --> 02:04:54,600
 is in charge of those.

1939
02:04:54,600 --> 02:04:56,560
 And they asked them to redirect those lights.

1940
02:04:56,560 --> 02:05:03,240
 But there are some lights that even glow more than that, where if they're on really high

1941
02:05:03,240 --> 02:05:11,680
 poles, that it's just illuminated tremendously at 24/7.

1942
02:05:11,680 --> 02:05:18,360
 And I understand for security purposes why that might exist, but in keeping with neighborhoods

1943
02:05:18,360 --> 02:05:21,400
 being right there, too, that something might want to be considered.

1944
02:05:21,400 --> 02:05:22,400
 Right.

1945
02:05:22,400 --> 02:05:23,400
 Okay.

1946
02:05:23,400 --> 02:05:24,400
 One other quick question.

1947
02:05:24,400 --> 02:05:25,400
 Yes.

1948
02:05:25,400 --> 02:05:31,720
 So while the owners may have issues selling it as a residential area to investors, that

1949
02:05:31,720 --> 02:05:36,200
 doesn't mean if we were to keep it zoned residential that they might not eventually

1950
02:05:36,200 --> 02:05:38,400
 sell it as a residential area.

1951
02:05:38,400 --> 02:05:41,000
 I'm not certain what you're saying.

1952
02:05:41,000 --> 02:05:45,200
 Well, it's zoned for residential, and if we're wanting to rezone it.

1953
02:05:45,200 --> 02:05:49,480
 So I think about some of the issues that were discussed tonight, everything ranging from

1954
02:05:49,480 --> 02:05:58,920
 the lighting to runoff to pollution to traffic, if in fact it remains residential and we don't

1955
02:05:58,920 --> 02:06:06,520
 rezone it, and eventually it's sold to a large developer, my concern is that things like

1956
02:06:06,520 --> 02:06:12,680
 lighting and traffic and runoff would be even more prevalent if you had lots of families

1957
02:06:12,680 --> 02:06:13,680
 in that area.

1958
02:06:13,680 --> 02:06:16,160
 So those are just kind of my feedback there.

1959
02:06:16,160 --> 02:06:17,640
 I didn't know if you had thought about that.

1960
02:06:17,640 --> 02:06:20,200
 I'm not totally opposed to what's being proposed.

1961
02:06:20,200 --> 02:06:21,200
 Okay.

1962
02:06:21,200 --> 02:06:22,200
 All right.

1963
02:06:22,200 --> 02:06:26,800
 I'm just saying that these maybe need to be a consideration that buffer wall, and this

1964
02:06:26,800 --> 02:06:37,120
 is what's being presented tonight, and that considering those would eliminate future problems

1965
02:06:37,120 --> 02:06:45,560
 and expense on the part of the developer if our considerations are taken into account.

1966
02:06:45,560 --> 02:06:46,560
 Fair enough?

1967
02:06:46,560 --> 02:06:47,560
 Okay.

1968
02:06:47,560 --> 02:06:48,560
 Fair enough.

1969
02:06:48,560 --> 02:06:49,560
 Thank you.

1970
02:06:49,560 --> 02:06:50,560
 Thank you.

1971
02:06:50,560 --> 02:06:52,280
 Thank you very much.

1972
02:06:52,280 --> 02:06:53,800
 This is a public hearing.

1973
02:06:53,800 --> 02:06:58,640
 Is there anyone else wishing to speak who has not already done so?

1974
02:06:58,640 --> 02:07:05,400
 Yep, come on down.

1975
02:07:05,400 --> 02:07:11,120
 Hello.

1976
02:07:11,120 --> 02:07:12,720
 My name is Eric Janssen.

1977
02:07:12,720 --> 02:07:19,880
 I live at 3617 Falcon Court in South Denton, but I do own 46 and 47 and a half acres of

1978
02:07:19,880 --> 02:07:23,080
 land on the south side of Black.

1979
02:07:23,080 --> 02:07:29,840
 My northwest little stick piece of 15-foot gravel lane connects to Black Road, and that's

1980
02:07:29,840 --> 02:07:34,600
 why I'm within 200 feet, 15 feet wide connecting to the subject property.

1981
02:07:34,600 --> 02:07:40,240
 But to my immediate west is Gary Castro, and he regrets not being able to be here tonight.

1982
02:07:40,240 --> 02:07:44,560
 So I just want to speak on his behalf in regards to the runoff.

1983
02:07:44,560 --> 02:07:50,560
 He gave Mia, and we appreciate the time that Mia Hines has given us in preparation, but

1984
02:07:50,560 --> 02:07:57,840
 he showed her some pictures of the culvert that he has that he had to put lots of money

1985
02:07:57,840 --> 02:08:06,600
 into for rock because of the drainage that already comes off of the native land of this

1986
02:08:06,600 --> 02:08:09,240
 subject property on the north side of Black.

1987
02:08:09,240 --> 02:08:14,640
 That water comes through a culvert and spouts directly onto his property and runs down through

1988
02:08:14,640 --> 02:08:18,880
 the heart of his property down to the creek, down to Cooper Creek.

1989
02:08:18,880 --> 02:08:24,400
 And so he was very, very concerned, just as the other Mr. Brooks mentioned about runoff.

1990
02:08:24,400 --> 02:08:29,920
 If there's streets, warehouses, parking lots, etc., then that really is going to be a major

1991
02:08:29,920 --> 02:08:37,720
 concern of water being shed underneath Black and directly onto Mr. Castro's property.

1992
02:08:37,720 --> 02:08:41,840
 Second thing is, I want to commend Amy of Land 97.

1993
02:08:41,840 --> 02:08:47,360
 It seems like she's engaged the neighbors considerably, and there have been modifications

1994
02:08:47,360 --> 02:08:56,320
 to that 250-foot setback buffer and where it was, and so that's good to see.

1995
02:08:56,320 --> 02:09:00,160
 Light industrial seems to be coming to this area more.

1996
02:09:00,160 --> 02:09:02,340
 There's more warehouses being built.

1997
02:09:02,340 --> 02:09:08,360
 Geesling is supposed to be a major north-south connector based off of Denton's mobility plan,

1998
02:09:08,360 --> 02:09:13,800
 and so I would presume that vehicular traffic leaving the site would go onto Geesling, and

1999
02:09:13,800 --> 02:09:17,280
 Geesling at 380 will have to have a traffic light.

2000
02:09:17,280 --> 02:09:22,320
 So vehicular traffic going west will want to go to Geesling and then up to the traffic

2001
02:09:22,320 --> 02:09:23,880
 light on 380.

2002
02:09:23,880 --> 02:09:31,360
 Truck traffic going east would end up going the university exit to go east, would make

2003
02:09:31,360 --> 02:09:34,360
 the most sense.

2004
02:09:34,360 --> 02:09:40,840
 Sewer drainage, I don't even know where they're planning on sewer exactly.

2005
02:09:40,840 --> 02:09:46,720
 Sewage drainage has always been a difficult problem for this part of the city, but that's

2006
02:09:46,720 --> 02:09:49,280
 not part of the zoning.

2007
02:09:49,280 --> 02:09:50,880
 Storm drainage.

2008
02:09:50,880 --> 02:09:58,600
 The lighting issue that Ms. Brooks mentioned, I don't know whether there's a way to restrict

2009
02:09:58,600 --> 02:10:04,400
 lighting so that the shields around the light do not permit the light to go beyond the property

2010
02:10:04,400 --> 02:10:11,200
 line, but it seems to me that something like that might be addressed or considered.

2011
02:10:11,200 --> 02:10:14,640
 That's about it, really.

2012
02:10:14,640 --> 02:10:15,640
 Appreciate the time.

2013
02:10:15,640 --> 02:10:16,640
 Appreciate the interest.

2014
02:10:16,640 --> 02:10:26,840
 I know Mr. Martin for 22 years, just acquaintance-wise, and he supported me in my rezoning when the

2015
02:10:26,840 --> 02:10:33,200
 city was trying to involuntarily rezone my property many years ago, and they were considerate

2016
02:10:33,200 --> 02:10:34,800
 and respectful.

2017
02:10:34,800 --> 02:10:38,620
 He was in that process, and I know they have worked for a long time trying to figure out

2018
02:10:38,620 --> 02:10:43,040
 exactly what the best utilization of this property is with the power lines across it,

2019
02:10:43,040 --> 02:10:45,420
 the gaseous underneath it, et cetera.

2020
02:10:45,420 --> 02:10:49,360
 So I know it's a tough nut to crack, and I wish you the best, but I really encourage

2021
02:10:49,360 --> 02:10:55,600
 you to give consideration to each of these neighbors because they do cherish the rural

2022
02:10:55,600 --> 02:10:58,440
 atmosphere out there in East Denton.

2023
02:10:58,440 --> 02:11:01,960
 They cherish that, and they want to preserve that as best they can.

2024
02:11:01,960 --> 02:11:08,880
 So managing the PD in such a way as to make sure you line up in the industrial site right

2025
02:11:08,880 --> 02:11:15,560
 next to these rural residential areas would be most appreciated by all the neighbors.

2026
02:11:15,560 --> 02:11:16,560
 Thank you.

2027
02:11:16,560 --> 02:11:17,560
 Any questions?

2028
02:11:17,560 --> 02:11:18,560
 Thank you.

2029
02:11:18,560 --> 02:11:19,560
 Thank you.

2030
02:11:19,560 --> 02:11:20,560
 I do not see any.

2031
02:11:20,560 --> 02:11:21,680
 Thank you very much.

2032
02:11:21,680 --> 02:11:28,920
 Is there anyone else wishing to speak who has not done so already?

2033
02:11:28,920 --> 02:11:32,640
 Okay.

2034
02:11:32,640 --> 02:11:36,880
 Seeing none, I will go ahead and close the public hearing, and I will open up the dais

2035
02:11:36,880 --> 02:11:38,960
 for more discussion or motion.

2036
02:11:38,960 --> 02:11:39,960
 Commissioner Villareal.

2037
02:11:39,960 --> 02:11:40,960
 Thank you, Chair.

2038
02:11:40,960 --> 02:11:43,920
 I just had a quick question for Amy.

2039
02:11:43,920 --> 02:11:48,640
 I know you mentioned earlier during the presentation y'all would be willing to restrict the PD further

2040
02:11:48,640 --> 02:11:50,960
 to exclude all auto uses.

2041
02:11:50,960 --> 02:11:58,480
 I believe you put travel plaza as well as parking lot and hotel motel.

2042
02:11:58,480 --> 02:12:03,640
 Would that be included in the PD if this is passed today going to council?

2043
02:12:03,640 --> 02:12:10,600
 That would be up to you all in terms of what conditions you put on the PD.

2044
02:12:10,600 --> 02:12:17,360
 I was specifically highlighting and pointing out that the vehicle uses, we really have

2045
02:12:17,360 --> 02:12:21,880
 no interest in those uses, so eliminating all of those would be fine.

2046
02:12:21,880 --> 02:12:26,240
 I don't know that a hotel or motel would be appropriately located here regardless, so

2047
02:12:26,240 --> 02:12:30,880
 I think that's probably a relevant conversation, but if you wanted to exclude them, you all

2048
02:12:30,880 --> 02:12:32,040
 have an issue with that?

2049
02:12:32,040 --> 02:12:33,040
 There you go.

2050
02:12:33,040 --> 02:12:38,160
 You can exclude everything that's highlighted on this page if you would like.

2051
02:12:38,160 --> 02:12:42,280
 Just a question for Chair, is there a way we could have that included as a friendly

2052
02:12:42,280 --> 02:12:43,280
 amendment too?

2053
02:12:43,280 --> 02:12:49,880
 Yeah, so in any kind of motion, that could be tacked on to already what staff has on

2054
02:12:49,880 --> 02:12:50,880
 for condition.

2055
02:12:50,880 --> 02:12:51,880
 Got it.

2056
02:12:51,880 --> 02:12:52,880
 Thank you.

2057
02:12:52,880 --> 02:12:58,440
 And we actually have a couple of potential amendments based on what we've heard tonight

2058
02:12:58,440 --> 02:13:01,920
 if now would be an okay time to propose those.

2059
02:13:01,920 --> 02:13:05,720
 In a moment, if you could, well, and maybe, no, maybe, I will let you do that because

2060
02:13:05,720 --> 02:13:09,160
 it might address my question actually, so yeah, go ahead.

2061
02:13:09,160 --> 02:13:12,800
 So I would propose the following additional conditions.

2062
02:13:12,800 --> 02:13:16,920
 One, that an alternative ESA plan would not be permitted.

2063
02:13:16,920 --> 02:13:25,360
 In other words, we could not come to you all and request encroachment into that ESA buffer.

2064
02:13:25,360 --> 02:13:31,640
 And two, that the 50 points for the landscape buffer include an eight-foot masonry wall

2065
02:13:31,640 --> 02:13:38,560
 that is structurally designed so that it's sound and has footings.

2066
02:13:38,560 --> 02:13:44,680
 I don't necessarily, I don't know that it's a good idea to locate it at exactly 25 feet

2067
02:13:44,680 --> 02:13:50,080
 from the property line just for a number of reasons, tree preservation being one, encroachment

2068
02:13:50,080 --> 02:13:56,040
 into the ESA being another, and potential maintenance issues, but if we could have that

2069
02:13:56,040 --> 02:14:01,080
 be a part of the 50-point requirement, at least the neighborhood would have the assurance

2070
02:14:01,080 --> 02:14:08,200
 that the wall would be there and that it would be structurally engineered to last as Ms.

2071
02:14:08,200 --> 02:14:10,640
 Brooks was requesting.

2072
02:14:10,640 --> 02:14:19,520
 And then the other thing that I just wanted to say is that, and I think that maybe you

2073
02:14:19,520 --> 02:14:27,800
 know this, if I was coming up here representing a Hillwood or an Amazon or a large industrial

2074
02:14:27,800 --> 02:14:34,760
 developer, these conditions would be well above and beyond what I think they would propose.

2075
02:14:34,760 --> 02:14:40,680
 And so I know it's hard for you all and the neighborhood to not have a concept plan and

2076
02:14:40,680 --> 02:14:43,680
 know exactly what's going here.

2077
02:14:43,680 --> 02:14:49,080
 My hope is that these conditions are great enough that it protects the neighborhood in

2078
02:14:49,080 --> 02:14:55,400
 a way that if a developer was standing right here right now trying to do this, they would

2079
02:14:55,400 --> 02:15:00,600
 push harder on this.

2080
02:15:00,600 --> 02:15:01,600
 Go ahead, Tina.

2081
02:15:01,600 --> 02:15:02,680
 I think Tina's got a question.

2082
02:15:02,680 --> 02:15:07,600
 So I just want to make sure we understand the conditions that you're proposing.

2083
02:15:07,600 --> 02:15:14,520
 So because we distributed an amended plan development district ordinance before the meeting, and

2084
02:15:14,520 --> 02:15:18,800
 you had presented some other options within your presentation.

2085
02:15:18,800 --> 02:15:26,080
 So are you, what you just spoke to regarding excluding the auto-related uses, eliminating

2086
02:15:26,080 --> 02:15:32,160
 hotel motel, I think also on that slide is parking lot as a principal use and travel

2087
02:15:32,160 --> 02:15:33,160
 plaza.

2088
02:15:33,160 --> 02:15:36,720
 So I heard you say those uses that are highlighted in yellow on that slide are what you were

2089
02:15:36,720 --> 02:15:38,940
 willing to restrict.

2090
02:15:38,940 --> 02:15:39,940
 So you add that.

2091
02:15:39,940 --> 02:15:42,520
 And then we have the alt ESA plan not being permitted.

2092
02:15:42,520 --> 02:15:47,480
 And then the 50 points for the landscape buffer, including an eight foot tall masonry wall,

2093
02:15:47,480 --> 02:15:53,280
 that no placement restrictions on that to give your client flexibility to be able to

2094
02:15:53,280 --> 02:15:58,160
 address tree preservation and other site conditions that might need to be addressed.

2095
02:15:58,160 --> 02:16:00,720
 So and that that wall be structurally engineered.

2096
02:16:00,720 --> 02:16:05,620
 But are those the only conditions that you're proposing to offer?

2097
02:16:05,620 --> 02:16:09,600
 In addition to the ones that were already within the ordinance, yes.

2098
02:16:09,600 --> 02:16:13,400
 I'm open to others if y'all have specific ones that you would like to discuss.

2099
02:16:13,400 --> 02:16:14,400
 Okay.

2100
02:16:14,400 --> 02:16:18,760
 But I just want to make sure that we understood on the record and then I summarize the conditions

2101
02:16:18,760 --> 02:16:22,120
 that you were offering up in addition to the document that we gave the commission this

2102
02:16:22,120 --> 02:16:23,120
 afternoon.

2103
02:16:23,120 --> 02:16:24,120
 Yes.

2104
02:16:24,120 --> 02:16:25,120
 Okay.

2105
02:16:25,120 --> 02:16:26,120
 Thank you.

2106
02:16:26,120 --> 02:16:27,120
 Thank you.

2107
02:16:27,120 --> 02:16:29,100
 So going back to the masonry wall.

2108
02:16:29,100 --> 02:16:43,660
 So earlier you had a where yes, I mean a big concern for those who spoke today and was

2109
02:16:43,660 --> 02:16:49,400
 one concern I had brought up to staff earlier this week was leaving as much of that natural

2110
02:16:49,400 --> 02:16:53,160
 buffer as could be.

2111
02:16:53,160 --> 02:17:00,000
 I don't really know exactly what can be left and how far of that 250 foot buffer it can

2112
02:17:00,000 --> 02:17:06,320
 be and I guess we won't know that answer, I assume.

2113
02:17:06,320 --> 02:17:10,520
 I know you have 25 foot up but is that just?

2114
02:17:10,520 --> 02:17:14,320
 So that was the request of the neighborhood representative that I spoke with.

2115
02:17:14,320 --> 02:17:15,720
 We're not opposed to it.

2116
02:17:15,720 --> 02:17:22,240
 I think that it could potentially create some unintended consequences specifically related

2117
02:17:22,240 --> 02:17:26,360
 to tree preservation and maintenance issues.

2118
02:17:26,360 --> 02:17:33,480
 And so we're open to that being the condition that a wall is placed 25 feet from the property

2119
02:17:33,480 --> 02:17:38,100
 line and left in a natural condition.

2120
02:17:38,100 --> 02:17:42,680
 There's a possibility that you've got a heritage tree right at that 25 foot mark that has to

2121
02:17:42,680 --> 02:17:44,880
 be preserved by code.

2122
02:17:44,880 --> 02:17:50,700
 And so then we would kind of be in a bit of a predicament there and so having some flexibility

2123
02:17:50,700 --> 02:17:56,200
 in where that wall is placed, maybe there's a statement in there that says leaving at

2124
02:17:56,200 --> 02:18:01,440
 least 50% natural in its natural state.

2125
02:18:01,440 --> 02:18:05,560
 Something along those lines I think gives a little more flexibility regarding the placement

2126
02:18:05,560 --> 02:18:09,040
 of the wall and tree preservation.

2127
02:18:09,040 --> 02:18:17,320
 I'm just trying to not box us into an issue where we can't comply in the future.

2128
02:18:17,320 --> 02:18:22,440
 And I'll also point out that the ESA on the northeast corner is going to be wider than

2129
02:18:22,440 --> 02:18:27,880
 that 50 foot landscape buffer so any wall will have to be outside of that in that location

2130
02:18:27,880 --> 02:18:35,960
 as well, so I'm hesitant to box us in so much that it creates a problem down the road.

2131
02:18:35,960 --> 02:18:43,800
 But however you all want to word that condition, we don't have a problem with.

2132
02:18:43,800 --> 02:18:46,240
 I think we, Commissioner Villarreal, do you still have a question?

2133
02:18:46,240 --> 02:18:50,880
 Yeah, just one more and you've answered a lot of the concerns the neighborhood folks

2134
02:18:50,880 --> 02:18:52,760
 from the neighborhood brought today.

2135
02:18:52,760 --> 02:18:57,080
 Just one concern that wasn't addressed regarding light pollution.

2136
02:18:57,080 --> 02:19:02,880
 Have you all considered ways to negate light pollution or reduce it to assist the neighbors

2137
02:19:02,880 --> 02:19:03,880
 with this change?

2138
02:19:03,880 --> 02:19:04,880
 Sure, absolutely.

2139
02:19:04,880 --> 02:19:05,880
 That's a great question.

2140
02:19:05,880 --> 02:19:08,560
 So it's a conversation that we had during the neighborhood meetings.

2141
02:19:08,560 --> 02:19:14,160
 There's specific requirements within the development code regarding lighting for both parking lots

2142
02:19:14,160 --> 02:19:20,960
 and building that prevent the light from crossing the property line by more than half a foot

2143
02:19:20,960 --> 02:19:27,360
 candle, if I recall correctly, so the actual light is measured at the property line and

2144
02:19:27,360 --> 02:19:32,680
 the direction of parking lot lighting must be aimed down and cannot be taller than 25

2145
02:19:32,680 --> 02:19:37,760
 feet, I believe, and then all building lighting must be aimed at the building or towards the

2146
02:19:37,760 --> 02:19:44,800
 ground and so the light pollution issue is really addressed within the code already.

2147
02:19:44,800 --> 02:19:49,680
 One of the neighbors brought up Ryan High School and when the stadium lights are on,

2148
02:19:49,680 --> 02:19:54,960
 which stadium lighting is a whole separate animal, this development would have to comply

2149
02:19:54,960 --> 02:20:01,800
 with lighting standards for just the development standards in subchapter 7, which would prevent

2150
02:20:01,800 --> 02:20:06,440
 light pollution automatically.

2151
02:20:06,440 --> 02:20:07,440
 Commissioner Pritt.

2152
02:20:07,440 --> 02:20:08,440
 Thank you, Chair.

2153
02:20:08,440 --> 02:20:12,480
 One question for you, Amy, and then one for staff.

2154
02:20:12,480 --> 02:20:21,240
 Can you help me understand in the discussions that you've had with the community just the

2155
02:20:21,240 --> 02:20:31,600
 general concern that a wall or opaque fence alleviates versus the vegetation barrier?

2156
02:20:31,600 --> 02:20:42,760
 Yes, so the conversation was had with Mr. Jonathan Brooks yesterday evening and he explained

2157
02:20:42,760 --> 02:20:47,240
 that right now everything is already in its natural state and the preference of the neighbors

2158
02:20:47,240 --> 02:20:52,560
 is that it remain in its natural state, so in terms of creating a maintenance issue,

2159
02:20:52,560 --> 02:20:58,400
 they were not concerned with a wall basically creating a barrier where the developer could

2160
02:20:58,400 --> 02:21:02,380
 not get in there and maintain necessarily.

2161
02:21:02,380 --> 02:21:05,920
 Their preference was that there would be no maintenance within that area.

2162
02:21:05,920 --> 02:21:11,960
 I do want to clarify that that would not apply to the property along Black Road.

2163
02:21:11,960 --> 02:21:17,080
 Obviously, Black Road itself needs to be landscaped and doesn't need to have a big masonry wall

2164
02:21:17,080 --> 02:21:25,340
 in front of it, but all the rest of the buffer, we would not be opposed to maintaining as

2165
02:21:25,340 --> 02:21:28,580
 much of it in its natural state as possible.

2166
02:21:28,580 --> 02:21:33,440
 I just brought up with him at the time that I've seen it create maintenance issues and

2167
02:21:33,440 --> 02:21:38,480
 other development projects in similar situations.

2168
02:21:38,480 --> 02:21:39,480
 That helps.

2169
02:21:39,480 --> 02:21:46,820
 I'm just trying to understand whether it would alleviate more of the concerns if it is placed

2170
02:21:46,820 --> 02:21:54,680
 closer to the existing residential properties or further away in respect to the vegetation

2171
02:21:54,680 --> 02:21:55,680
 barrier.

2172
02:21:55,680 --> 02:21:58,200
 Does that make sense?

2173
02:21:58,200 --> 02:22:04,840
 Maybe there's a condition that the masonry wall is required, but it has to be at least

2174
02:22:04,840 --> 02:22:10,680
 25 feet away from the property line and what's left in between is natural vegetative state.

2175
02:22:10,680 --> 02:22:15,480
 That way it can move a little bit based upon tree preservation and other conditions that

2176
02:22:15,480 --> 02:22:17,000
 might require it.

2177
02:22:17,000 --> 02:22:18,000
 Thank you.

2178
02:22:18,000 --> 02:22:22,320
 Then for staff, as always, we get questions about drainage.

2179
02:22:22,320 --> 02:22:25,600
 I'm not sure if this is Christy or somebody else.

2180
02:22:25,600 --> 02:22:33,240
 I'm specifically wondering, in our code I know that we require the outflow to not exceed

2181
02:22:33,240 --> 02:22:35,240
 the outflow before development.

2182
02:22:35,240 --> 02:22:41,120
 However, I'm not certain what happens when there are two separate outflow locations on

2183
02:22:41,120 --> 02:22:42,120
 a single property.

2184
02:22:42,120 --> 02:22:48,560
 In other words, is it the cumulative outflow that gets regulated or at each outflow location

2185
02:22:48,560 --> 02:22:53,000
 may it not exceed what it was pre-development?

2186
02:22:53,000 --> 02:22:57,320
 I may defer to Christy on this if she knows anything that I don't.

2187
02:22:57,320 --> 02:23:02,080
 In general, the requirement is no negative impacts to adjacent properties.

2188
02:23:02,080 --> 02:23:06,720
 Whatever existing drainage conditions are on site, they cannot worsen that on any of

2189
02:23:06,720 --> 02:23:10,000
 those adjacent properties.

2190
02:23:10,000 --> 02:23:15,240
 If they could engineer the two different drainage areas to all flow one direction versus another,

2191
02:23:15,240 --> 02:23:20,600
 that's something that we could work with them on through the civil engineering plan process.

2192
02:23:20,600 --> 02:23:25,320
 My understanding is, at the end of the day, the rule is no negative impact whatsoever.

2193
02:23:25,320 --> 02:23:30,400
 What's leaving the site today in terms of the amount of water, the velocity of the water,

2194
02:23:30,400 --> 02:23:34,000
 can't be increased to negatively impact the neighboring properties.

2195
02:23:34,000 --> 02:23:39,200
 They would have to hold it all on site and release it into the storm source system or

2196
02:23:39,200 --> 02:23:42,520
 into a natural ... Sometimes we're allowed to release into the floodplain if they can

2197
02:23:42,520 --> 02:23:46,800
 manage to do so at a rate that would not negatively impact other properties.

2198
02:23:46,800 --> 02:23:47,800
 Okay.

2199
02:23:47,800 --> 02:23:48,800
 Thank you.

2200
02:23:48,800 --> 02:23:49,800
 Thanks, Haley.

2201
02:23:49,800 --> 02:24:15,520
 I don't see any questions in front of me at the moment from the dance.

2202
02:24:15,520 --> 02:24:23,540
 I'm trying to wrap my head around exactly what we have just discussed to make sure we've

2203
02:24:23,540 --> 02:24:27,000
 got it all.

2204
02:24:27,000 --> 02:24:33,040
 You gave the synopsis of what Amy proposed.

2205
02:24:33,040 --> 02:24:42,240
 We just had discussion about the masonry wall language of it possibly being at least 25

2206
02:24:42,240 --> 02:24:47,560
 feet from the buffer line.

2207
02:24:47,560 --> 02:24:49,560
 Staff would like to be able to address that.

2208
02:24:49,560 --> 02:24:52,520
 I was going to say, Mia, I didn't know if you were doing that, or Haley, so if you've

2209
02:24:52,520 --> 02:24:57,600
 got that suggestion regarding the issue with the tree preservation, the natural buffer,

2210
02:24:57,600 --> 02:25:00,680
 the placement of the wall, did you want to address that?

2211
02:25:00,680 --> 02:25:02,480
 I'll bring Haley out to answer that one.

2212
02:25:02,480 --> 02:25:07,200
 I didn't know if we were ready for conditions, and I'm welcome to add anything to the screen.

2213
02:25:07,200 --> 02:25:08,200
 Thank you.

2214
02:25:08,200 --> 02:25:09,200
 Okay.

2215
02:25:09,200 --> 02:25:13,660
 I don't know that we could wordsmith anything appropriate here, so I'd like to have some

2216
02:25:13,660 --> 02:25:17,640
 flexibility if we could to continue crafting this before it goes to council.

2217
02:25:17,640 --> 02:25:21,440
 If the commission does wish to require a wall, which is always an option in a buffer, but

2218
02:25:21,440 --> 02:25:25,160
 it's not required, so if the commission wanted to impose a requirement, I would ask that

2219
02:25:25,160 --> 02:25:29,960
 we be left the flexibility to also address tree preservation and ESA preservation within

2220
02:25:29,960 --> 02:25:36,000
 that buffer area so that we're not requiring inadvertently removal of trees and impact to

2221
02:25:36,000 --> 02:25:40,440
 the natural buffer that already exists along those property lines, just to add a masonry

2222
02:25:40,440 --> 02:25:41,440
 wall.

2223
02:25:41,440 --> 02:25:42,440
 Completely agree.

2224
02:25:42,440 --> 02:25:45,920
 Because any eight-foot wall, and I'm not an engineer, don't play one on TV, but any

2225
02:25:45,920 --> 02:25:49,720
 eight-foot wall would require some sort of footing be dug into the ground that would

2226
02:25:49,720 --> 02:25:53,960
 impact the roots of adjacent trees, and my understanding from our experts on staff is

2227
02:25:53,960 --> 02:25:58,200
 that really any impact to the roots within the drip line of the tree, so within the canopy

2228
02:25:58,200 --> 02:26:03,520
 area going straight down, could potentially do long-term damage to those trees, especially

2229
02:26:03,520 --> 02:26:09,160
 if they're post oaks or pecan or other more sensitive native species.

2230
02:26:09,160 --> 02:26:14,800
 We'd like to avoid that potential impact by imposing a strict location for any wall that

2231
02:26:14,800 --> 02:26:18,760
 the commission may wish to see on-site.

2232
02:26:18,760 --> 02:26:31,020
 What you're saying is incorporated as it would be on-site as part of the buffer in some placement?

2233
02:26:31,020 --> 02:26:33,560
 I would say dictating a location would be hard.

2234
02:26:33,560 --> 02:26:37,520
 If we could craft something, and I don't know, Amy, we can talk about this more.

2235
02:26:37,520 --> 02:26:42,480
 My thought was if we say that the goal is tree preservation of everything that's within

2236
02:26:42,480 --> 02:26:49,440
 the 50-foot buffer and a wall is required around the south and east perimeters so that

2237
02:26:49,440 --> 02:26:52,840
 it does not affect those trees, something in that nature, I think, was really the intent

2238
02:26:52,840 --> 02:26:54,120
 of what everyone's wanting.

2239
02:26:54,120 --> 02:26:57,520
 I'm just not quite sure how we would word that at this time.

2240
02:26:57,520 --> 02:26:58,520
 Right.

2241
02:26:58,520 --> 02:26:59,520
 I agree.

2242
02:26:59,520 --> 02:27:04,040
 That's where we're not going to be able to do it up here at this time.

2243
02:27:04,040 --> 02:27:09,480
 If the commission wishes, though, that is something you could direct us to work on and

2244
02:27:09,480 --> 02:27:12,800
 come up with wording, obviously, before it gets to council next week if you wanted to

2245
02:27:12,800 --> 02:27:14,760
 keep this moving forward.

2246
02:27:14,760 --> 02:27:22,520
 I'd have to ask Haley how we would actually make that.

2247
02:27:22,520 --> 02:27:23,520
 Sure.

2248
02:27:23,520 --> 02:27:25,440
 How we would do that.

2249
02:27:25,440 --> 02:27:36,320
 My suggestion might be to consider tabling this, hearing the next public hearing item.

2250
02:27:36,320 --> 02:27:41,800
 In that intervening time, perhaps staff can put something together, and then coming back

2251
02:27:41,800 --> 02:27:49,160
 to this item so that we're not considering speculative conditions.

2252
02:27:49,160 --> 02:27:50,160
 Right.

2253
02:27:50,160 --> 02:27:55,480
 If we're missing something that we've taught, there's been so many things, and even on top

2254
02:27:55,480 --> 02:28:01,340
 of what we were presented with at work session, that, yeah, it would be great if somebody

2255
02:28:01,340 --> 02:28:05,520
 could have the time to type it all up of what was discussed.

2256
02:28:05,520 --> 02:28:13,560
 Alternatively, we could come back at a subsequent meeting, but I think there's an appetite to

2257
02:28:13,560 --> 02:28:15,400
 try and avoid that if possible.

2258
02:28:15,400 --> 02:28:20,000
 It has been noticed for council, so Tina, I don't know if you know anything additional.

2259
02:28:20,000 --> 02:28:25,260
 I was just talking with the applicant's representative, so Amy, you can confirm her if you want to

2260
02:28:25,260 --> 02:28:29,960
 come to the podium or shake your head, but I had asked her about a continuance, and I

2261
02:28:29,960 --> 02:28:30,960
 think we're to the point.

2262
02:28:30,960 --> 02:28:35,880
 We're given the way we're crafting conditions that we do need to continue this item.

2263
02:28:35,880 --> 02:28:38,920
 I would ask Mia, Haley, do you think this is something that we could continue to the

2264
02:28:38,920 --> 02:28:43,240
 next planning and zoning commission meeting to give us a chance to work on that language,

2265
02:28:43,240 --> 02:28:48,840
 and then being that your council date is scheduled for next week, we would have council then continue

2266
02:28:48,840 --> 02:28:53,280
 to the next appropriate council meeting to allow the commission to take action.

2267
02:28:53,280 --> 02:28:54,840
 I think we're fine with that.

2268
02:28:54,840 --> 02:28:55,840
 Okay.

2269
02:28:55,840 --> 02:28:56,840
 Thank you.

2270
02:28:56,840 --> 02:28:57,840
 Thank you.

2271
02:28:57,840 --> 02:29:04,840
 Appreciate that.

2272
02:29:04,840 --> 02:29:05,840
 Commissioner Peruzza.

2273
02:29:05,840 --> 02:29:12,000
 Thank you, Chair, and thanks for that direction and clarification on what the preferred option

2274
02:29:12,000 --> 02:29:14,520
 is.

2275
02:29:14,520 --> 02:29:22,160
 You know, with that, I'll move to table to the date certain of the next planning and

2276
02:29:22,160 --> 02:29:28,240
 zoning commission with the following recommendations, and I invite my colleagues to add anything

2277
02:29:28,240 --> 02:29:30,640
 else I've forgotten.

2278
02:29:30,640 --> 02:29:36,080
 One is to restrict the automotive major and minor uses instead of just the major uses,

2279
02:29:36,080 --> 02:29:40,960
 hotel, motel, and parking lot as primary use.

2280
02:29:40,960 --> 02:29:47,360
 On the fence and the buffer area, my proposal, which may not be the will of the rest of the

2281
02:29:47,360 --> 02:29:55,920
 commission, would be to stipulate that any fence erected along these borders to the residential

2282
02:29:55,920 --> 02:30:05,360
 areas be compliant with table 7.H in our development code for the fences listed for front yard

2283
02:30:05,360 --> 02:30:12,480
 fences in industrial areas, that it lists masonry wall in there, it also lists some

2284
02:30:12,480 --> 02:30:20,320
 other types of fences that would be long standing and kind of alleviates the problem of having

2285
02:30:20,320 --> 02:30:23,400
 a chain link fence or something like that.

2286
02:30:23,400 --> 02:30:30,720
 And then as far as placement, my proposal would be that we give wide latitude as to

2287
02:30:30,720 --> 02:30:31,720
 where it's placed.

2288
02:30:31,720 --> 02:30:35,440
 I think the applicant and the community have worked really well together and I don't want

2289
02:30:35,440 --> 02:30:43,360
 to hamstring them from working out these final details, such that any position from 25 feet

2290
02:30:43,360 --> 02:30:49,800
 away all the way up to 200, 250 feet away at the edge of the setback would be permissible

2291
02:30:49,800 --> 02:30:55,480
 for a fence if they wish to place one there.

2292
02:30:55,480 --> 02:31:00,840
 And if it's further than the 50 foot standard buffer area, it would still count toward the

2293
02:31:00,840 --> 02:31:04,120
 buffer points.

2294
02:31:04,120 --> 02:31:07,840
 Is that clear, Tina?

2295
02:31:07,840 --> 02:31:10,640
 I don't think it's necessarily part of your motion, correct?

2296
02:31:10,640 --> 02:31:11,640
 Your motion?

2297
02:31:11,640 --> 02:31:12,640
 No.

2298
02:31:12,640 --> 02:31:13,640
 You're giving a recommendation.

2299
02:31:13,640 --> 02:31:14,640
 Okay.

2300
02:31:14,640 --> 02:31:15,640
 Exactly.

2301
02:31:15,640 --> 02:31:16,640
 Yeah.

2302
02:31:16,640 --> 02:31:20,000
 Motion is simply to continue and I wanted to kind of capture my thoughts and invite

2303
02:31:20,000 --> 02:31:21,000
 others to you as well.

2304
02:31:21,000 --> 02:31:23,000
 Was that the end of your thoughts?

2305
02:31:23,000 --> 02:31:24,000
 Yes.

2306
02:31:24,000 --> 02:31:25,000
 Okay.

2307
02:31:25,000 --> 02:31:26,000
 Thank you.

2308
02:31:26,000 --> 02:31:27,000
 All right.

2309
02:31:27,000 --> 02:31:28,000
 Can I have some clarification?

2310
02:31:28,000 --> 02:31:29,000
 You can.

2311
02:31:29,000 --> 02:31:30,000
 Commissioner Pruitt.

2312
02:31:30,000 --> 02:31:37,760
 If the fence or wall is beyond a 50 foot setback from what the residential properties and the

2313
02:31:37,760 --> 02:31:43,720
 ETJ properties, then that fence or wall would be still allowed to count towards the 50 points

2314
02:31:43,720 --> 02:31:44,720
 within the buffer?

2315
02:31:44,720 --> 02:31:45,720
 Exactly.

2316
02:31:45,720 --> 02:31:46,720
 Okay.

2317
02:31:46,720 --> 02:31:47,720
 Thank you.

2318
02:31:47,720 --> 02:31:48,720
 Okay.

2319
02:31:48,720 --> 02:31:54,200
 So the motion on the floor is to table the item to a date certain of?

2320
02:31:54,200 --> 02:31:56,020
 The next planning and zoning meeting?

2321
02:31:56,020 --> 02:31:57,020
 That would be June 26.

2322
02:31:57,020 --> 02:31:58,020
 Thank you.

2323
02:31:58,020 --> 02:31:59,020
 June 26.

2324
02:31:59,020 --> 02:32:00,020
 Good.

2325
02:32:00,020 --> 02:32:01,020
 Okay.

2326
02:32:01,020 --> 02:32:02,020
 Commissioner Thaggard.

2327
02:32:02,020 --> 02:32:03,020
 I second tabling the item.

2328
02:32:03,020 --> 02:32:04,020
 Okay.

2329
02:32:04,020 --> 02:32:07,880
 We've got a first and a second to table the item to a date certain of June 26.

2330
02:32:07,880 --> 02:32:11,040
 Is there any other discussion?

2331
02:32:11,040 --> 02:32:19,480
 If we could get possibly the transportation talk a little bit, like can we get signage

2332
02:32:19,480 --> 02:32:20,480
 somewhere?

2333
02:32:20,480 --> 02:32:26,840
 I don't know if we can have an answer by then, but if we can, that would be super helpful.

2334
02:32:26,840 --> 02:32:32,200
 And then yeah, just basically getting, it's a great discussion we had tonight.

2335
02:32:32,200 --> 02:32:37,840
 Obviously I want to commend you on engaging the neighborhood and listening and hearing.

2336
02:32:37,840 --> 02:32:40,320
 All of this is difficult, I know, for everyone.

2337
02:32:40,320 --> 02:32:47,600
 So I feel comfortable that we are tabling because we changed so much tonight, I think

2338
02:32:47,600 --> 02:32:50,520
 for the better, exactly what we're looking at.

2339
02:32:50,520 --> 02:32:57,480
 I know this would be a lot easier if we had an actual plan in place and I know you're

2340
02:32:57,480 --> 02:33:03,080
 working your best to work all around that except to have that.

2341
02:33:03,080 --> 02:33:04,080
 And yeah, thank you staff.

2342
02:33:04,080 --> 02:33:08,560
 Yeah, so if you'll be able to the next time have all of these things written down so we

2343
02:33:08,560 --> 02:33:13,000
 know exactly what we're looking at and what we're voting on and going from there.

2344
02:33:13,000 --> 02:33:14,000
 Okay.

2345
02:33:14,000 --> 02:33:15,000
 Commissioner Pruitt, I think you have another point.

2346
02:33:15,000 --> 02:33:16,600
 I apologize for double speaking here.

2347
02:33:16,600 --> 02:33:17,600
 That's okay.

2348
02:33:17,600 --> 02:33:25,600
 I brought up the transportation issues that were raised by some of the residents.

2349
02:33:25,600 --> 02:33:32,280
 It's not entirely clear to me what the plan, if there is a plan yet for the bypass that

2350
02:33:32,280 --> 02:33:37,040
 starts right around Geesling Road from TxDOT's perspective.

2351
02:33:37,040 --> 02:33:46,160
 I'd like to understand whether northbound traffic from Geesling will be navigable toward

2352
02:33:46,160 --> 02:33:55,920
 Loop 288 Northwest around town or not, just when we come back after the continuance.

2353
02:33:55,920 --> 02:33:57,360
 Thank you.

2354
02:33:57,360 --> 02:33:58,360
 Anything else?

2355
02:33:58,360 --> 02:33:59,360
 Okay.

2356
02:33:59,360 --> 02:34:07,360
 Let's go ahead and vote, please.

2357
02:34:07,360 --> 02:34:09,080
 That motion carries 6-0.

2358
02:34:09,080 --> 02:34:13,000
 See you at the next meeting.

2359
02:34:13,000 --> 02:34:24,860
 Our next item is 5BZ220018, which is in tandem with 5CPD230001.

2360
02:34:24,860 --> 02:34:30,120
 I'm going to go ahead and open both of those public hearings and invite Angie up to clarify

2361
02:34:30,120 --> 02:34:33,840
 discussion on that item.

2362
02:34:33,840 --> 02:34:34,840
 Hi.

2363
02:34:34,840 --> 02:34:35,840
 Hi.

2364
02:34:35,840 --> 02:34:36,840
 Good evening.

2365
02:34:36,840 --> 02:34:47,120
 I'm Angie, review manager, both Z220018 and PD230001 are being requested to be continued

2366
02:34:47,120 --> 02:34:53,360
 to the planning and zoning commission meeting on July 24th, 2024, as there have been some

2367
02:34:53,360 --> 02:34:57,680
 infrastructure issues that have come to light in the last couple of days that the additional

2368
02:34:57,680 --> 02:34:59,680
 time is needed to work those out.

2369
02:34:59,680 --> 02:35:07,920
 The request is for July 24, 2024, for both Z220018 and PD230001.

2370
02:35:07,920 --> 02:35:09,160
 Happy to answer any questions.

2371
02:35:09,160 --> 02:35:10,160
 Thank you, Angie.

2372
02:35:10,160 --> 02:35:11,160
 Appreciate that.

2373
02:35:11,160 --> 02:35:12,160
 Any questions?

2374
02:35:12,160 --> 02:35:13,160
 Okay.

2375
02:35:13,160 --> 02:35:18,880
 Chair can entertain a motion or discussion.

2376
02:35:18,880 --> 02:35:34,680
 I will go ahead and make a motion to postpone item 5BZ220018 and 5CPD230001 to a date certain

2377
02:35:34,680 --> 02:35:42,520
 of July 24th, 2024, with the public hearing being left open on both of those items.

2378
02:35:42,520 --> 02:35:43,520
 Commissioner Pedro?

2379
02:35:43,520 --> 02:35:44,520
 I second.

2380
02:35:44,520 --> 02:35:45,520
 Okay.

2381
02:35:45,520 --> 02:35:46,520
 We've got a first and a second.

2382
02:35:46,520 --> 02:35:49,040
 Is there any discussion?

2383
02:35:49,040 --> 02:35:50,320
 Okay.

2384
02:35:50,320 --> 02:35:53,200
 Let's go ahead and vote, please.

2385
02:35:53,200 --> 02:36:01,240
 And with this, the vote would be for both of those items together.

2386
02:36:01,240 --> 02:36:03,280
 Motion carries 6-0.

2387
02:36:03,280 --> 02:36:04,840
 Okay.

2388
02:36:04,840 --> 02:36:16,400
 That will then take us to 5D-S240003, which is in tandem with 5E-S240004.

2389
02:36:16,400 --> 02:36:21,400
 I will open both of those public hearings, and Ashley is here for presentation.

2390
02:36:21,400 --> 02:36:26,000
 Good evening, Chair, members of the commission, Ashley Eckstead, Associate Planner.

2391
02:36:26,000 --> 02:36:31,320
 This is S24-3 and S24-4, Advanced Microbial Solutions, and I will be presenting both of

2392
02:36:31,320 --> 02:36:33,900
 these cases together.

2393
02:36:33,900 --> 02:36:37,720
 This request is for a specific use permit to allow a high-impact manufacturing use

2394
02:36:37,720 --> 02:36:43,160
 on approximately 8 acres of land, and that is S24-3, which is outlined in red, and an

2395
02:36:43,160 --> 02:36:46,920
 additional 9 1/2 acres of land, S24-4.

2396
02:36:46,920 --> 02:36:50,280
 They are generally located on the southwest corner of the intersection of Shelby Lane

2397
02:36:50,280 --> 02:36:54,800
 and Dakota Lane, and on the west side of Dakota Lane, 800 feet south of Shelby.

2398
02:36:54,800 --> 02:36:58,520
 The existing zoning is the HI, which is shown in light purple, and the future land use is

2399
02:36:58,520 --> 02:37:02,320
 industrial commerce, which is shown in dark purple.

2400
02:37:02,320 --> 02:37:06,600
 Just to briefly go over the site history, in 2011, they applied for a certificate of

2401
02:37:06,600 --> 02:37:12,720
 occupancy for 4951 Dakota, which is the southernmost building outlined in blue.

2402
02:37:12,720 --> 02:37:16,760
 They have that certificate of occupancy that was issued for a heavy manufacturing use.

2403
02:37:16,760 --> 02:37:21,880
 In 2016, they applied for a certificate of occupancy at 5001 Dakota, which is the middle

2404
02:37:21,880 --> 02:37:26,200
 building outlined in blue, and they have that as a warehouse use.

2405
02:37:26,200 --> 02:37:31,960
 In 2002, they applied for a certificate of occupancy for 5071, which is the northernmost

2406
02:37:31,960 --> 02:37:36,720
 building outlined in blue, and that has been issued as a warehouse use as well.

2407
02:37:36,720 --> 02:37:41,480
 Earlier this year, they requested a certificate of occupancy for 3650 Shelby, which is outlined

2408
02:37:41,480 --> 02:37:46,500
 in red, and staff realized the intensive nature of this use, and we notified the applicant

2409
02:37:46,500 --> 02:37:50,840
 that a specific use permit would be required to continue operations and to begin operations

2410
02:37:50,840 --> 02:37:54,560
 at the building on Shelby.

2411
02:37:54,560 --> 02:37:58,100
 To briefly go over their business operations, high-impact manufacturing, which is why we're

2412
02:37:58,100 --> 02:38:03,280
 having this conversation today, the definition includes businesses that use hazardous inputs

2413
02:38:03,280 --> 02:38:07,280
 in the course of their manufacturing, and it also includes fertilizer manufacturing

2414
02:38:07,280 --> 02:38:11,880
 from organic matter, which both of those apply to this use.

2415
02:38:11,880 --> 02:38:15,520
 Manufacturing and outdoor storage of finished product do occur in the southernmost building

2416
02:38:15,520 --> 02:38:17,940
 and the middle building outlined in blue.

2417
02:38:17,940 --> 02:38:22,840
 That is also proposed to occur in the northernmost building, the single lot outlined in red, and

2418
02:38:22,840 --> 02:38:27,400
 the finished product is a non-hazardous that is stored outside.

2419
02:38:27,400 --> 02:38:31,640
 The majority of the inputs are stored in the northernmost building on the three-lot site,

2420
02:38:31,640 --> 02:38:35,440
 but they do have additional storage in the other buildings as well.

2421
02:38:35,440 --> 02:38:39,540
 They do have operational controls in place, which include trenches to contain spills inside

2422
02:38:39,540 --> 02:38:42,320
 the buildings, secondary containment where necessary.

2423
02:38:42,320 --> 02:38:47,200
 They have a safety plan, an emergency response plan, and the outdoor storage tanks are appropriately

2424
02:38:47,200 --> 02:38:51,440
 constructed for the product and the hazard rating.

2425
02:38:51,440 --> 02:38:56,500
 Land use-wise, the proposed and existing operations are located within an industrial park with

2426
02:38:56,500 --> 02:39:03,440
 similar types of uses, similar outdoor storage, similar types of vehicles, and similar operations.

2427
02:39:03,440 --> 02:39:06,080
 To briefly go over the site layouts, these are existing buildings.

2428
02:39:06,080 --> 02:39:10,140
 They are not proposing any changes to the buildings or the sites.

2429
02:39:10,140 --> 02:39:15,120
 The buildings range in size from approximately 40,000 to 61,000 square feet, and the outdoor

2430
02:39:15,120 --> 02:39:18,820
 storage tanks, which are highlighted on the plan in red.

2431
02:39:18,820 --> 02:39:24,680
 On the existing outdoor storage tanks, which is the southernmost lot in the middle building

2432
02:39:24,680 --> 02:39:29,360
 that was outlined in blue, it's the three-lot SUP, and then they are proposing additional

2433
02:39:29,360 --> 02:39:34,720
 outdoor storage, which is outlined in red on the left, and that is S243, the single

2434
02:39:34,720 --> 02:39:37,760
 building SUP.

2435
02:39:37,760 --> 02:39:39,720
 It does meet the criteria for approval.

2436
02:39:39,720 --> 02:39:43,680
 It's consistent with the goals and policies of the Denton 2040 comprehensive plan and

2437
02:39:43,680 --> 02:39:45,080
 the future land use map.

2438
02:39:45,080 --> 02:39:49,280
 It's compatible with the surrounding area, and approval of this SUP is not expected to

2439
02:39:49,280 --> 02:39:53,800
 generate significant adverse environmental or fiscal impacts.

2440
02:39:53,800 --> 02:39:57,240
 Public outreach was done, an ad was posted in the newspaper on the website, and a sign

2441
02:39:57,240 --> 02:39:58,600
 was posted on the property.

2442
02:39:58,600 --> 02:40:01,280
 We mailed out notices to everyone within 500 feet.

2443
02:40:01,280 --> 02:40:04,660
 We did not receive any responses in opposition or in favor.

2444
02:40:04,660 --> 02:40:07,840
 The applicant also discussed this project with the neighbors and delivered letters in

2445
02:40:07,840 --> 02:40:08,840
 person.

2446
02:40:08,840 --> 02:40:15,400
 The addresses is within 500 feet, and we performed notices for both individually.

2447
02:40:15,400 --> 02:40:19,680
 To go through the conditions, I'll go through S243 first, and this is the northernmost lot

2448
02:40:19,680 --> 02:40:22,000
 that is just the single lot.

2449
02:40:22,000 --> 02:40:26,000
 They'll need to maintain compliance with the Texas Multisector Stormwater General Permit

2450
02:40:26,000 --> 02:40:28,680
 and update their certification as required.

2451
02:40:28,680 --> 02:40:32,520
 They'll also need to maintain a spill response team that requires staff training at least

2452
02:40:32,520 --> 02:40:33,960
 once a year.

2453
02:40:33,960 --> 02:40:37,720
 The outdoor storage tanks, and these are the outdoor storage tanks that are proposed, they'll

2454
02:40:37,720 --> 02:40:41,360
 need to be screened from the right of way with an eight-foot wood fence and evergreen

2455
02:40:41,360 --> 02:40:44,960
 trees with a minimum 30-foot mature height.

2456
02:40:44,960 --> 02:40:50,240
 Additionally, all stored hazardous chemicals shall be located inside the building only,

2457
02:40:50,240 --> 02:40:54,040
 and they are currently doing that, so the outdoor storage tanks shown on the plans are

2458
02:40:54,040 --> 02:40:56,720
 not permitted to hold the hazardous materials.

2459
02:40:56,720 --> 02:41:01,040
 In condition six, this was added to your conditions that we sent out to you through email earlier

2460
02:41:01,040 --> 02:41:04,720
 today, and this was after discussions with building safety.

2461
02:41:04,720 --> 02:41:08,840
 They will need to obtain all necessary permits within 90 days to achieve the proper storage

2462
02:41:08,840 --> 02:41:13,440
 and placement of materials or chemicals within the control areas according to the building

2463
02:41:13,440 --> 02:41:14,440
 code.

2464
02:41:14,440 --> 02:41:17,780
 They'll also need to obtain the permits from the fire department for all the hazardous

2465
02:41:17,780 --> 02:41:20,560
 chemicals stored on site.

2466
02:41:20,560 --> 02:41:24,320
 Prior to any manufacturing, the wastewater discharge being connected to the city's wastewater

2467
02:41:24,320 --> 02:41:27,880
 collection system, they'll need building permits to hook up to the city's wastewater

2468
02:41:27,880 --> 02:41:31,080
 system on their manufacturing floor.

2469
02:41:31,080 --> 02:41:35,400
 So S24-3, this is the three lots, and some of these conditions are the same, so I won't

2470
02:41:35,400 --> 02:41:36,560
 reread those to you.

2471
02:41:36,560 --> 02:41:40,080
 There are a few conditions that are different.

2472
02:41:40,080 --> 02:41:46,680
 The southernmost lot, it does contain floodplain, so the chiller that is currently located there

2473
02:41:46,680 --> 02:41:51,760
 will need to be relocated outside of the floodway and the 100-year floodplain, and all mechanical

2474
02:41:51,760 --> 02:41:55,760
 equipment has to remain outside of the floodway and floodplain.

2475
02:41:55,760 --> 02:42:01,880
 No outdoor storage is permitted within the floodway or floodplain as well.

2476
02:42:01,880 --> 02:42:05,560
 Highlighted in red is additional changes to the conditions that we sent you earlier after

2477
02:42:05,560 --> 02:42:06,840
 talking with the fire department.

2478
02:42:06,840 --> 02:42:12,520
 We did add a 90-day timeframe to condition six to get the necessary permits for the storage

2479
02:42:12,520 --> 02:42:17,160
 of hazardous materials, and we do have the same condition from building safety to obtain

2480
02:42:17,160 --> 02:42:23,040
 any permits needed from them in accordance with the building code.

2481
02:42:23,040 --> 02:42:28,160
 Staff recommendations, we do recommend approval of S24-3, which is the northernmost lot, and

2482
02:42:28,160 --> 02:42:30,760
 S24-4, which is the three lots.

2483
02:42:30,760 --> 02:42:34,680
 I'm happy to answer any questions, and the applicant is also here with the presentation.

2484
02:42:34,680 --> 02:42:35,680
 Thank you very much, Ashley.

2485
02:42:35,680 --> 02:42:36,680
 Any questions?

2486
02:42:36,680 --> 02:42:37,680
 I do not see any.

2487
02:42:37,680 --> 02:42:38,680
 Thank you very much.

2488
02:42:38,680 --> 02:42:46,420
 Okay, I do not have a card for the applicant, but I'll go ahead and invite you up, and you

2489
02:42:46,420 --> 02:42:47,880
 can give us your name and address, and . . .

2490
02:42:47,880 --> 02:43:08,640
 All right.

2491
02:43:08,640 --> 02:43:09,640
 Good evening, commissioners, chair.

2492
02:43:09,640 --> 02:43:16,400
 My name is Jesse Copeland, 500 Winstead Building, 2728 North Harwood Street, Dallas, Texas,

2493
02:43:16,400 --> 02:43:17,400
 75201.

2494
02:43:17,400 --> 02:43:21,800
 I'm here representing the applicant in this request.

2495
02:43:21,800 --> 02:43:28,000
 So I want to quickly thank all of staff, specifically Ashley, for reviewing, communicating, and

2496
02:43:28,000 --> 02:43:34,460
 processing all this material for these two applications very quickly and efficiently.

2497
02:43:34,460 --> 02:43:35,660
 I'll be brief.

2498
02:43:35,660 --> 02:43:40,640
 A lot of our presentations are duplicative of Ashley's, but I just want to run through

2499
02:43:40,640 --> 02:43:43,140
 a couple things.

2500
02:43:43,140 --> 02:43:44,600
 Here's the site that you've seen.

2501
02:43:44,600 --> 02:43:54,500
 This is for S24-3, located at 3650 Shelby Lane, an aerial, it's outlined in yellow here.

2502
02:43:54,500 --> 02:43:59,920
 And here's a street view of the site facing southwest on the corner of Shelby and Dakota

2503
02:43:59,920 --> 02:44:03,440
 Lane.

2504
02:44:03,440 --> 02:44:07,720
 As you know, this request is for a specific use permit for high-impact manufacturing,

2505
02:44:07,720 --> 02:44:13,880
 specifically, the production of a non-hazardous agricultural fertilizer that's used as a soil

2506
02:44:13,880 --> 02:44:18,980
 amendment to assist with nitrogen use efficiency in row crops.

2507
02:44:18,980 --> 02:44:24,720
 This is probably a good time to mention that the applicant is here to help explain and

2508
02:44:24,720 --> 02:44:32,080
 answer any technical and operational questions that the commissioners may have.

2509
02:44:32,080 --> 02:44:37,560
 Going forward, I'd like to just briefly outline the existing site conditions and some of the

2510
02:44:37,560 --> 02:44:39,240
 background on this site.

2511
02:44:39,240 --> 02:44:46,840
 As mentioned before, in 2024, the applicant entered into a lease at the site, which is

2512
02:44:46,840 --> 02:44:52,840
 their fourth in the immediate area, and this site will be used to produce the applicant's

2513
02:44:52,840 --> 02:44:55,440
 newest bio-stimulant technology.

2514
02:44:55,440 --> 02:44:59,200
 It was during the CO process for this site that the city notified the applicant the proposed

2515
02:44:59,200 --> 02:45:06,080
 use will be considered a high-impact manufacturing and that the SUP would be required.

2516
02:45:06,080 --> 02:45:12,920
 It's also important to note that this use is consistent with the future land use element

2517
02:45:12,920 --> 02:45:16,960
 of the Denton 2040 Comprehensive Plan.

2518
02:45:16,960 --> 02:45:22,440
 As mentioned before, the site is surrounded entirely by land zone heavy industrial, and

2519
02:45:22,440 --> 02:45:27,760
 the uses of the site consist of the industrial uses like light manufacturing, distribution,

2520
02:45:27,760 --> 02:45:37,000
 warehousing, gas well production, as well as a trade school to the east.

2521
02:45:37,000 --> 02:45:44,280
 Lastly we did want to touch a little bit on our community outreach.

2522
02:45:44,280 --> 02:45:50,840
 The applicant and business owner personally delivered letters to the neighboring properties

2523
02:45:50,840 --> 02:45:57,400
 that we got from the list provided by staff.

2524
02:45:57,400 --> 02:46:04,600
 All but five of those addresses were made personal contact with, and the feedback was

2525
02:46:04,600 --> 02:46:10,200
 overwhelmingly positive, including a few folks that mentioned that they were happy to see

2526
02:46:10,200 --> 02:46:14,480
 that our business was expanding.

2527
02:46:14,480 --> 02:46:33,880
 I'll move on to S24-4.

2528
02:46:33,880 --> 02:46:42,400
 Again here's an aerial of the sites located within this request, 4951 here at the bottom,

2529
02:46:42,400 --> 02:46:50,400
 5001 in the middle, and 5071 at the top.

2530
02:46:50,400 --> 02:47:04,840
 More street views of the sites facing southwest, here's 4951, 5001, and 5071 to Codelane.

2531
02:47:04,840 --> 02:47:10,120
 There's no need for me to rehash a lot of this as it's very similar to the previous

2532
02:47:10,120 --> 02:47:11,120
 request.

2533
02:47:11,120 --> 02:47:16,600
 However, I will clarify for this request, the SCP will offer production of the fertilizers

2534
02:47:16,600 --> 02:47:23,840
 and bio-stimulant products at 4951 and 5001 Codelane, whereas 5071 Codelane will be utilized

2535
02:47:23,840 --> 02:47:33,680
 to store empty totes, raw materials, and other finished bio-stimulant products in totes containers.

2536
02:47:33,680 --> 02:47:39,260
 It is a part of this overall manufacturing and distribution process, which is why it's

2537
02:47:39,260 --> 02:47:44,040
 being considered in this request.

2538
02:47:44,040 --> 02:47:50,960
 I actually spoke to this and I'll just bring it back up.

2539
02:47:50,960 --> 02:47:57,800
 The history of 4951, the applicant initially leased 4951 to Codelane in 2011 with the plan

2540
02:47:57,800 --> 02:48:01,440
 to build a production system to produce its original bio-stimulant product.

2541
02:48:01,440 --> 02:48:08,240
 At this time, the building had a CEO for heavy manufacturing that related back to the buildings

2542
02:48:08,240 --> 02:48:10,320
 used prior to the annexation.

2543
02:48:10,320 --> 02:48:16,560
 In 2016, the applicant expanded and leased its second building at 5001 Dakota and followed

2544
02:48:16,560 --> 02:48:19,120
 the same CEO process that it had for the first building.

2545
02:48:19,120 --> 02:48:24,080
 The applicant initially uses property for storage, but starting in late 2017, it constructed

2546
02:48:24,080 --> 02:48:28,320
 production systems for its newer bio-stimulant technologies.

2547
02:48:28,320 --> 02:48:32,600
 These production systems are similar to the ones used in 4951.

2548
02:48:32,600 --> 02:48:39,880
 Finally, in 2022, the applicant expanded again and leased its third building at 5071 Dakota

2549
02:48:39,880 --> 02:48:46,000
 to use solely for storage of empty totes, which are material containers, raw materials

2550
02:48:46,000 --> 02:48:52,720
 used to produce the company's products, and final finished bio-stimulant products.

2551
02:48:52,720 --> 02:48:59,880
 Again, the uses in these sites are consistent with the future land use element of the comprehensive

2552
02:48:59,880 --> 02:49:02,240
 plan.

2553
02:49:02,240 --> 02:49:06,920
 Once again, these sites are surrounded by heavy industrial, with the exception of the

2554
02:49:06,920 --> 02:49:13,520
 ETJ to the south, as well as various industrial uses, including light manufacturing, distribution,

2555
02:49:13,520 --> 02:49:21,040
 warehousing, automotive repair, and that same trade school now to the northeast.

2556
02:49:21,040 --> 02:49:28,000
 Again, the neighborhood outreach was done for these sites in conjunction with the site

2557
02:49:28,000 --> 02:49:34,040
 for S24-3, and feedback was still positive.

2558
02:49:34,040 --> 02:49:40,720
 As I mentioned earlier, the applicant business owner is here to answer technical operational

2559
02:49:40,720 --> 02:49:44,520
 questions, and I'll be here as well.

2560
02:49:44,520 --> 02:49:47,640
 Thank you, Mr. Griffin.

2561
02:49:47,640 --> 02:49:48,640
 Questions at the moment?

2562
02:49:48,640 --> 02:49:55,160
 I think I've got a question just about this bio-stimulant, if I could ask one.

2563
02:49:55,160 --> 02:49:56,160
 Sure.

2564
02:49:56,160 --> 02:50:04,040
 You said it's newer, so I'm wondering what the difference is, and if it can be done in

2565
02:50:04,040 --> 02:50:07,360
 a not-super-technical way that we could understand.

2566
02:50:07,360 --> 02:50:14,080
 I don't know if that's a question that can be done like that or not.

2567
02:50:14,080 --> 02:50:15,080
 Hi.

2568
02:50:15,080 --> 02:50:16,080
 My name is John Wolfe.

2569
02:50:16,080 --> 02:50:21,160
 I'm the chief operating officer of Advanced Microbial Solutions.

2570
02:50:21,160 --> 02:50:26,200
 Basically the difference here is these are fermentation tanks that are serialized so

2571
02:50:26,200 --> 02:50:31,240
 that water flows from one tank to the next, and it consumes whatever organic feedstock

2572
02:50:31,240 --> 02:50:32,400
 you put in there.

2573
02:50:32,400 --> 02:50:37,100
 We direct these to make certain kinds of microbes that do different things.

2574
02:50:37,100 --> 02:50:43,760
 This newest one is just designed to help us get corn, primarily corn plants to fix nitrogen

2575
02:50:43,760 --> 02:50:49,080
 from the atmosphere, reduce the amount of nitrogen we apply to corn crops.

2576
02:50:49,080 --> 02:50:50,080
 I think you did very well.

2577
02:50:50,080 --> 02:50:51,560
 I actually understood that.

2578
02:50:51,560 --> 02:50:52,560
 All right.

2579
02:50:52,560 --> 02:50:57,480
 I have to explain it to my son a lot so that if I can do that, it helps.

2580
02:50:57,480 --> 02:50:58,480
 Any other questions?

2581
02:50:58,480 --> 02:50:59,480
 Yeah.

2582
02:50:59,480 --> 02:51:00,480
 I don't think so.

2583
02:51:00,480 --> 02:51:01,480
 Thank you very much for that.

2584
02:51:01,480 --> 02:51:02,480
 Appreciate that.

2585
02:51:02,480 --> 02:51:06,160
 I don't have any other cards in front of me.

2586
02:51:06,160 --> 02:51:08,880
 Is there anyone else wishing to speak who has not?

2587
02:51:08,880 --> 02:51:12,400
 There should be like one only person here, okay?

2588
02:51:12,400 --> 02:51:13,400
 Very good.

2589
02:51:13,400 --> 02:51:14,400
 Very good.

2590
02:51:14,400 --> 02:51:28,360
 Okay, with that, I will go ahead and close the public hearing for 5D S240003 and 5E S240004,

2591
02:51:28,360 --> 02:51:31,600
 and I will open the floor for a motion or discussion.

2592
02:51:31,600 --> 02:51:32,600
 Commissioner Cole.

2593
02:51:32,600 --> 02:51:35,880
 I'll make a motion to approve.

2594
02:51:35,880 --> 02:51:36,880
 Commissioner Pruitt?

2595
02:51:36,880 --> 02:51:37,880
 Second.

2596
02:51:37,880 --> 02:51:38,880
 Okay.

2597
02:51:38,880 --> 02:51:49,840
 I need to clarify, because these had differing conditions, I should have said that before

2598
02:51:49,840 --> 02:51:50,840
 that.

2599
02:51:50,840 --> 02:51:52,880
 We need to take these one motion at a time.

2600
02:51:52,880 --> 02:51:56,280
 So we're looking at 5D here.

2601
02:51:56,280 --> 02:51:59,880
 I will ask S240003.

2602
02:51:59,880 --> 02:52:05,480
 So Commissioner Cole, are you good with your to approve 5D?

2603
02:52:05,480 --> 02:52:06,480
 Commissioner Pruitt?

2604
02:52:06,480 --> 02:52:07,480
 Yes.

2605
02:52:07,480 --> 02:52:08,480
 So second.

2606
02:52:08,480 --> 02:52:19,240
 I will make a motion to approve 5D S240003 with staff's conditions as presented.

2607
02:52:19,240 --> 02:52:21,000
 Okay.

2608
02:52:21,000 --> 02:52:23,120
 Any discussion?

2609
02:52:23,120 --> 02:52:25,440
 Before we vote, can I just say thank you, Ashley.

2610
02:52:25,440 --> 02:52:26,440
 Thank you, Mr. Copeland.

2611
02:52:26,440 --> 02:52:28,720
 The backup material was fantastic on this.

2612
02:52:28,720 --> 02:52:34,040
 I will say when I first read just the AIS, I was like, oh, my gosh, you know, what is

2613
02:52:34,040 --> 02:52:38,240
 -- and as I delved into it, and it was still -- I mean, it took a minute.

2614
02:52:38,240 --> 02:52:43,720
 But you presented it so well, the narrative was great, so that we really could understand

2615
02:52:43,720 --> 02:52:45,620
 exactly what was being asked.

2616
02:52:45,620 --> 02:52:46,620
 So well done.

2617
02:52:46,620 --> 02:52:47,880
 Thank you very much.

2618
02:52:47,880 --> 02:52:56,040
 Let's go ahead and vote, please.

2619
02:52:56,040 --> 02:52:57,640
 That motion will carry 6-0.

2620
02:52:57,640 --> 02:53:03,080
 That will take us to then the vote on 5E, S240004.

2621
02:53:03,080 --> 02:53:04,080
 Commissioner Thaggard?

2622
02:53:04,080 --> 02:53:05,080
 I make a motion to approve.

2623
02:53:05,080 --> 02:53:09,280
 Is that with staff's conditions as presented?

2624
02:53:09,280 --> 02:53:10,280
 Commissioner Pergero?

2625
02:53:10,280 --> 02:53:11,280
 I second.

2626
02:53:11,280 --> 02:53:12,280
 Okay.

2627
02:53:12,280 --> 02:53:18,320
 We've got a first and a second for approval of item 5E, S240004.

2628
02:53:18,320 --> 02:53:19,920
 Any discussion?

2629
02:53:19,920 --> 02:53:21,020
 Okay.

2630
02:53:21,020 --> 02:53:28,800
 Let's go ahead and vote, please.

2631
02:53:28,800 --> 02:53:31,960
 That motion carries 6-0.

2632
02:53:31,960 --> 02:53:39,920
 And that will take us to our final public hearing item for the night, which is 5F, DCA240003.

2633
02:53:39,920 --> 02:53:43,880
 I will open the public hearing, and Angie is here for presentation.

2634
02:53:43,880 --> 02:53:45,480
 Thank you.

2635
02:53:45,480 --> 02:53:48,480
 Thank you, Chair.

2636
02:53:48,480 --> 02:53:51,640
 Just one second.

2637
02:53:51,640 --> 02:53:52,640
 Good evening.

2638
02:53:52,640 --> 02:53:54,140
 Angie Manglaris, Development Review Manager.

2639
02:53:54,140 --> 02:54:01,560
 This is DCA240003, amendments to the Debt and Development Code as it relates to conflicts

2640
02:54:01,560 --> 02:54:04,660
 with other ordinances and criteria manuals.

2641
02:54:04,660 --> 02:54:06,560
 So a little bit of background on this proposal.

2642
02:54:06,560 --> 02:54:11,400
 This is amendments to sections 1.3.4 of the DDC.

2643
02:54:11,400 --> 02:54:15,760
 This is the section that spells out really conflicts with other ordinances as well as

2644
02:54:15,760 --> 02:54:19,040
 criteria manuals in the Denton Development Code.

2645
02:54:19,040 --> 02:54:24,440
 On June 4th, 2024, the City Council adopted the new Denton Design Criteria Manual.

2646
02:54:24,440 --> 02:54:29,640
 The Denton Design Criteria Manual consolidates our existing criteria manuals into one comprehensive

2647
02:54:29,640 --> 02:54:34,360
 manual and also specifies that in the event of conflict between the Denton Design Criteria

2648
02:54:34,360 --> 02:54:38,800
 Manual and the Denton Development Code, the Denton Design Criteria Manual shall not supersede

2649
02:54:38,800 --> 02:54:40,120
 the DDC.

2650
02:54:40,120 --> 02:54:42,640
 As it is today, we do have some conflicting language.

2651
02:54:42,640 --> 02:54:48,400
 As section 1.3.4 specifies that in the event of conflict with the DDC and criteria manuals,

2652
02:54:48,400 --> 02:54:50,800
 the criteria manuals shall govern.

2653
02:54:50,800 --> 02:54:55,560
 And really the purpose of the DDC is to establish the subdivision and design standards for land

2654
02:54:55,560 --> 02:54:59,200
 regulations to carry out the goals of the comprehensive plan.

2655
02:54:59,200 --> 02:55:03,080
 The new manuals are intended to provide the supplemental technical detail that we need

2656
02:55:03,080 --> 02:55:05,480
 to carry out the provisions of the DDC.

2657
02:55:05,480 --> 02:55:11,640
 So we do really want the DDC and its regulations to control in the event of conflict.

2658
02:55:11,640 --> 02:55:15,480
 While we're in this section of the DDC, there are just some additional amendments that needed

2659
02:55:15,480 --> 02:55:19,840
 to be made to remove references to manuals that we no longer use as well as just clean

2660
02:55:19,840 --> 02:55:21,060
 up some names.

2661
02:55:21,060 --> 02:55:24,080
 So the proposed amendments are here before you.

2662
02:55:24,080 --> 02:55:29,000
 Again, correcting that the Denton Development Code shall govern in the event of conflict

2663
02:55:29,000 --> 02:55:35,320
 as well as calling out that our criteria manuals are now in one consolidated manual.

2664
02:55:35,320 --> 02:55:38,720
 Although I do apologize, this needs to be indented in a little bit further.

2665
02:55:38,720 --> 02:55:42,460
 But this does address the creation of the Denton Design Criteria Manual, which houses

2666
02:55:42,460 --> 02:55:47,880
 all of our existing criteria manuals and also moves to amending these criteria manuals as

2667
02:55:47,880 --> 02:55:48,880
 needed.

2668
02:55:48,880 --> 02:55:52,000
 I believe before it was called out as a yearly basis, so we're shifting that to when the

2669
02:55:52,000 --> 02:55:55,760
 need arises for criteria manual amendments.

2670
02:55:55,760 --> 02:55:59,580
 Having said all of that, this is consistent with our criteria for approval for text amendments

2671
02:55:59,580 --> 02:56:03,840
 and staff is recommending approval as the amendments as presented and the next step

2672
02:56:03,840 --> 02:56:05,600
 is City Council in July.

2673
02:56:05,600 --> 02:56:10,200
 I'm happy to answer any questions you may have.

2674
02:56:10,200 --> 02:56:13,040
 Questions for Angie?

2675
02:56:13,040 --> 02:56:14,040
 Thank you very much.

2676
02:56:14,040 --> 02:56:15,040
 Thank you.

2677
02:56:15,040 --> 02:56:16,040
 Okay.

2678
02:56:16,040 --> 02:56:17,040
 This is a public hearing.

2679
02:56:17,040 --> 02:56:21,880
 There is no one but staff left in front of me, so I'm going to go ahead and close the

2680
02:56:21,880 --> 02:56:30,740
 public hearing and open the floor for a motion or discussion on the item.

2681
02:56:30,740 --> 02:56:31,740
 Commissioner Villarreal.

2682
02:56:31,740 --> 02:56:33,740
 Move approval.

2683
02:56:33,740 --> 02:56:34,740
 Commissioner Cole?

2684
02:56:34,740 --> 02:56:35,740
 Second.

2685
02:56:35,740 --> 02:56:36,740
 Okay.

2686
02:56:36,740 --> 02:56:38,600
 Got a first and a second for approval discussion.

2687
02:56:38,600 --> 02:56:39,600
 Okay.

2688
02:56:39,600 --> 02:56:46,920
 Let's go ahead and vote, please.

2689
02:56:46,920 --> 02:56:48,520
 That motion carries 6-0.

2690
02:56:48,520 --> 02:56:54,520
 That will take us to our matrix, item 6-A, and I will turn it over to Tina.

2691
02:56:54,520 --> 02:56:56,640
 Thank you, Chair Ellis.

2692
02:56:56,640 --> 02:57:00,600
 So with respect to the matrix, there were no additional items added at your last meeting,

2693
02:57:00,600 --> 02:57:05,920
 so that remained as is given that we had the discussion regarding the P&Z reconsideration

2694
02:57:05,920 --> 02:57:09,680
 process and the matrix will go ahead and remove that as we continue to move that item forward

2695
02:57:09,680 --> 02:57:12,360
 from a public hearing perspective.

2696
02:57:12,360 --> 02:57:14,080
 Several updates for you.

2697
02:57:14,080 --> 02:57:20,200
 So the Southeast Denton area plan, we are in the final stretch of trying to wrap up

2698
02:57:20,200 --> 02:57:21,200
 that project.

2699
02:57:21,200 --> 02:57:24,520
 So a few items that you might be interested in.

2700
02:57:24,520 --> 02:57:30,760
 So we're trying to get our steering committee to be able to meet on June 20th, so we anticipate

2701
02:57:30,760 --> 02:57:32,240
 that occurring.

2702
02:57:32,240 --> 02:57:36,220
 The team is going to be doing additional engagement activities with the Juneteenth celebrations

2703
02:57:36,220 --> 02:57:37,680
 that are happening this weekend.

2704
02:57:37,680 --> 02:57:42,700
 Excuse me just a moment.

2705
02:57:42,700 --> 02:57:48,740
 We also have slated for July 17th a special called Planning and Zoning Commission meeting

2706
02:57:48,740 --> 02:57:50,800
 to be able to consider this item.

2707
02:57:50,800 --> 02:57:59,680
 So we're proposing to bring forth the draft plan for your consideration and we also have

2708
02:57:59,680 --> 02:58:00,680
 -- oh, I skipped a date.

2709
02:58:00,680 --> 02:58:01,680
 Hold on.

2710
02:58:01,680 --> 02:58:02,680
 Before we get to that.

2711
02:58:02,680 --> 02:58:07,480
 So we'll have a P&Z discussion on June 26th, because we promised you at our joint meeting

2712
02:58:07,480 --> 02:58:10,920
 that we would bring the action items before the commission for your consideration, so

2713
02:58:10,920 --> 02:58:12,440
 we'll be doing that in the work session.

2714
02:58:12,440 --> 02:58:14,840
 So I'm presuming all of that goes well.

2715
02:58:14,840 --> 02:58:20,160
 Then we're proposing to then bring the plan forward for the July 7th special called meeting.

2716
02:58:20,160 --> 02:58:23,800
 If you have not done so, if you could please let Kathy know your availability so we can

2717
02:58:23,800 --> 02:58:25,720
 ensure that we've got quorum.

2718
02:58:25,720 --> 02:58:30,200
 Also we may be scheduling some additional public hearings for that meeting as well since

2719
02:58:30,200 --> 02:58:37,600
 we've asked you to come in for that, but we'll start July 17th and that is a Wednesday.

2720
02:58:37,600 --> 02:58:42,360
 But anyway, so hopefully we'll be able to have that project before you on the 17th.

2721
02:58:42,360 --> 02:58:47,020
 With all of our intention, we're currently reviewing the final draft -- or the draft

2722
02:58:47,020 --> 02:58:48,020
 document.

2723
02:58:48,020 --> 02:58:52,600
 I'm looking at Mia, so she and Julia put so much hard work into this, but we anticipate

2724
02:58:52,600 --> 02:58:53,880
 being able to move forward with that.

2725
02:58:53,880 --> 02:58:58,600
 And then once we have -- if the commission is able to successfully recommend approval

2726
02:58:58,600 --> 02:59:03,320
 at your meeting on the 17th of July, then we would get that scheduled for council and

2727
02:59:03,320 --> 02:59:08,920
 I believe the date we're targeting for that is July 23rd for that project.

2728
02:59:08,920 --> 02:59:13,120
 It's kind of a race between Mia and Julia and Cameron and Sean, so with the two projects

2729
02:59:13,120 --> 02:59:14,120
 going on.

2730
02:59:14,120 --> 02:59:17,720
 Downtown, you know, we continue to work on that.

2731
02:59:17,720 --> 02:59:23,400
 That one -- we just received the draft document plan on that as well and so we've pretty much

2732
02:59:23,400 --> 02:59:26,000
 finished our work, I believe, with the steering committee.

2733
02:59:26,000 --> 02:59:30,880
 We will be looking forward to bringing that to the commission here in the very near future

2734
02:59:30,880 --> 02:59:33,520
 also for your consideration.

2735
02:59:33,520 --> 02:59:39,600
 And right now I believe we are targeting your July 24th meeting date for that.

2736
02:59:39,600 --> 02:59:45,460
 In terms of projects that you all took action on at your last meeting and their outcome

2737
02:59:45,460 --> 02:59:49,920
 at council, so if you recall, Mia worked on an amendment to the debt and development code

2738
02:59:49,920 --> 02:59:52,360
 to address donation boxes.

2739
02:59:52,360 --> 02:59:56,840
 Council did approve those ordinance amendments as presented, which was as recommended by

2740
02:59:56,840 --> 02:59:57,840
 the commission.

2741
02:59:57,840 --> 03:00:02,480
 Short-term rentals continues to live on.

2742
03:00:02,480 --> 03:00:08,840
 That went before council and they continued that to the July 23rd meeting date to allow

2743
03:00:08,840 --> 03:00:12,240
 staff to be able to meet with local realtors group.

2744
03:00:12,240 --> 03:00:16,520
 There's some concern amongst local realtors that the proposed registration requirement

2745
03:00:16,520 --> 03:00:21,360
 will lead to a rental registration program here within the city for all rental properties.

2746
03:00:21,360 --> 03:00:29,480
 So I believe we have that meeting scheduled for July 20th and so we'll be meeting with

2747
03:00:29,480 --> 03:00:33,460
 them and then going back to council on July 23rd.

2748
03:00:33,460 --> 03:00:35,600
 That concludes my report, so thank you.

2749
03:00:35,600 --> 03:00:37,280
 Thank you.

2750
03:00:37,280 --> 03:00:39,040
 Anything to add to the matrix?

2751
03:00:39,040 --> 03:00:40,040
 Commissioner Pruitt.

2752
03:00:40,040 --> 03:00:44,600
 So nothing specifically to add, but I know earlier in the work session today we had talked

2753
03:00:44,600 --> 03:00:52,840
 about the community engagement incentives policy and method of doing that.

2754
03:00:52,840 --> 03:01:00,560
 And we talked about pushing or bringing that back at the next meeting on June 26th.

2755
03:01:00,560 --> 03:01:07,200
 I think our agenda is stacking up to be pretty full with lots of public hearing on June 26th.

2756
03:01:07,200 --> 03:01:12,540
 So I was just going to offer a suggestion that if it makes more sense to hold that after

2757
03:01:12,540 --> 03:01:22,340
 the Southeast Denton discussion ... You're still not on.

2758
03:01:22,340 --> 03:01:28,720
 On our special call meeting on July 17th, if that gives staff more time to prepare and

2759
03:01:28,720 --> 03:01:35,400
 removes the schedule pressure of a full agenda, I think that's fine with me anyway.

2760
03:01:35,400 --> 03:01:37,040
 Yeah, I appreciate that suggestion.

2761
03:01:37,040 --> 03:01:40,840
 I think we're in a position where we could at least bring that item back for a work session

2762
03:01:40,840 --> 03:01:46,100
 discussion because I know we've got a good solid draft already assembled.

2763
03:01:46,100 --> 03:01:49,960
 We were not able to get it completed in time for this meeting, but I think we'll be in

2764
03:01:49,960 --> 03:01:50,960
 good shape.

2765
03:01:50,960 --> 03:01:54,960
 So it's good to know that that offer is out there.

2766
03:01:54,960 --> 03:01:55,960
 Thank you.

2767
03:01:55,960 --> 03:01:56,960
 Yes.

2768
03:01:56,960 --> 03:01:58,600
 Anything else for the matrix?

2769
03:01:58,600 --> 03:01:59,600
 Concluding items?

2770
03:01:59,600 --> 03:02:00,600
 Okay.

2771
03:02:00,600 --> 03:02:09,120
 Well, with that, I want to thank you all, thank staff for being awesome, and I will

2772
03:02:09,120 --> 03:02:10,920
 adjourn us at 8.28 PM.

2773
03:02:10,920 --> 03:02:13,120
 See you at the next one.