WEBVTT

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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?

00:10:12.160 --> 00:10:14.480
 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.

00:12:30.320 --> 00:12:35.800
 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.

00:12:44.720 --> 00:12:52.080
 So our next to 5B and C, you probably saw that email come through where that item is

00:12:52.080 --> 00:12:56.960
 being requested to be postponed until July 24th.

00:12:56.960 --> 00:13:01.440
 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.

00:13:06.760 --> 00:13:11.800
 Yes, as stated, some infrastructure challenges have come to light that we do need to work

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 through.

00:13:14.080 --> 00:13:19.240
 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?

00:13:33.720 --> 00:13:37.520
 Leave it open and then continue to that date certain, correct?

00:13:37.520 --> 00:13:39.040
 - Yes, ma'am.

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 - Okay.

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 Go ahead, Commissioner Villarreal.

00:13:42.400 --> 00:13:43.400
 - Thank you, Chair.

00:13:43.400 --> 00:13:44.480
 Just a quick question on process.

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 The folks who reached out via email about these two projects, were we able to email

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 them letting them know it was going to be postponed to a date certain?

00:13:52.840 --> 00:13:53.840
 - Sure.

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

00:13:58.720 --> 00:14:03.960
 contact with several very plugged-in neighbors and did let them know this morning of the

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 request and told them to feel free to forward and share with whoever they felt possible.

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 I also received probably about five or six phone calls throughout the course of the day

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 from other people just asking to confirm that, so I do feel like word was gotten out.

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 I did also make it clear that individuals could still come if they wished, but that

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 was going to be the request.

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 - Got it.

00:14:20.800 --> 00:14:21.800
 Thank you.

00:14:21.800 --> 00:14:22.800
 - Yes.

00:14:22.800 --> 00:14:23.800
 - Yes.

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

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 of that plan as well.

00:14:28.520 --> 00:14:29.520
 Okay.

00:14:29.520 --> 00:14:30.520
 Okay.

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.

00:14:47.000 --> 00:14:51.920
 Good evening, Chair, members of the commission.

00:14:51.920 --> 00:14:57.800
 So this is S240003 and S240004 for advanced microbial solutions, and these are similar

00:14:57.800 --> 00:15:03.960
 applications from the same applicant, so I will be presenting them together.

00:15:03.960 --> 00:15:07.780
 In summary, this is a request for a specific use permit for a high-impact manufacturing

00:15:07.780 --> 00:15:10.280
 use on approximately eight acres of land.

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

00:15:15.080 --> 00:15:20.680
 9.5 acres of land, which is S240004, and outlined on your screen in blue.

00:15:20.680 --> 00:15:24.160
 These sites are generally located on the southwest corner of the intersection of Shelby Lane

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.

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

00:15:33.000 --> 00:15:36.560
 future land use is industrial commerce, shown on the maps on the right.

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

00:15:40.340 --> 00:15:44.240
 to answer any questions.

00:15:44.240 --> 00:15:45.240
 Can you enlighten me?

00:15:45.240 --> 00:15:48.040
 I think you had a talk with the fire chief yesterday, right?

00:15:48.040 --> 00:15:51.800
 We have been discussing this with fire and building safety.

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

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.

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

00:16:05.560 --> 00:16:09.600
 that they're storing to building safety, and building safety will approve that.

00:16:09.600 --> 00:16:13.920
 And they'll also submit that to fire for their hazardous materials permits, and fire will

00:16:13.920 --> 00:16:14.920
 review that.

00:16:14.920 --> 00:16:18.160
 And that's where they would also review any needed secondary containment that was not

00:16:18.160 --> 00:16:21.640
 already there, anything like that.

00:16:21.640 --> 00:16:25.160
 Thank you.

00:16:25.160 --> 00:16:31.920
 On that note, the backup material talked about requiring additional permitting that you described

00:16:31.920 --> 00:16:35.380
 if additional types of chemicals would be stored in the future.

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

00:16:46.320 --> 00:16:51.920
 materials, once you get over a certain amount of the fire safety becomes a different question,

00:16:51.920 --> 00:16:54.100
 or is it really just the type of material?

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

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

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

00:17:05.520 --> 00:17:07.200
 need to create a new control area.

00:17:07.200 --> 00:17:09.400
 Okay, and then that would require a new permit?

00:17:09.400 --> 00:17:10.400
 Yes.

00:17:10.400 --> 00:17:11.400
 Got it.

00:17:11.400 --> 00:17:12.400
 Thank you.

00:17:12.400 --> 00:17:13.400
 Anything else?

00:17:13.400 --> 00:17:16.400
 Thank you very much.

00:17:16.400 --> 00:17:18.200
 Thank you.

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.

00:17:30.080 --> 00:17:39.760
 Hello, Angie Manglars, Development Review Manager.

00:17:39.760 --> 00:17:43.200
 This is DCA 240003.

00:17:43.200 --> 00:17:46.560
 This is amendment to the Denton Development Code as it relates to conflicts with other

00:17:46.560 --> 00:17:49.400
 ordinances and criteria manuals.

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

00:17:55.400 --> 00:17:58.640
 to conflicts with other ordinances and criteria manuals.

00:17:58.640 --> 00:18:04.840
 Specifically, this code amendment is to address the recent adoption of the Denton Design Criteria

00:18:04.840 --> 00:18:11.920
 Manual, which was adopted by City Council on June 4th, and removing potential conflicts.

00:18:11.920 --> 00:18:17.080
 The Denton Design Criteria Manual specifies that in the event of a conflict, the DDC shall

00:18:17.080 --> 00:18:18.080
 control.

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.

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.

00:18:26.280 --> 00:18:31.320
 Removing a potential conflict, it's needed to help clarify the Denton Development Code

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

00:18:36.800 --> 00:18:41.200
 to all the right manuals and removing those that we no longer use.

00:18:41.200 --> 00:18:45.240
 And so for those reasons, we are recommending approval of the code amendments tonight.

00:18:45.240 --> 00:18:48.560
 I'm happy to talk through any more if you need that.

00:18:48.560 --> 00:18:50.560
 Any questions?

00:18:50.560 --> 00:18:53.520
 No, it was presented perfectly in the backup, yes.

00:18:53.520 --> 00:18:54.520
 Great.

00:18:54.520 --> 00:18:55.520
 Exactly what we're looking at.

00:18:55.520 --> 00:18:56.520
 Okay.

00:18:56.520 --> 00:18:57.520
 Awesome.

00:18:57.520 --> 00:18:58.520
 Thank you very much, Angie.

00:18:58.520 --> 00:18:59.520
 Okay.

00:18:59.520 --> 00:19:00.520
 That is it for our agenda tonight.

00:19:00.520 --> 00:19:03.280
 We've got two work session reports.

00:19:03.280 --> 00:19:07.280
 First one being 3A, PZ24089.

00:19:07.280 --> 00:19:10.360
 That's receive a report, hold a discussion related to amending the Denton Development

00:19:10.360 --> 00:19:14.400
 Code to establish community engagement agreement participation process.

00:19:14.400 --> 00:19:15.400
 Hello.

00:19:15.400 --> 00:19:18.120
 Nice to see you, Chair Ellis, if I could.

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

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

00:19:25.800 --> 00:19:29.560
 she's been with us month and a half, two months, almost two months.

00:19:29.560 --> 00:19:35.320
 So Keisha has nearly 20 years of experience working in local government in a variety of

00:19:35.320 --> 00:19:36.320
 capacities.

00:19:36.320 --> 00:19:39.760
 Her most recent employment was with the city of Plano, where she was over their neighborhood

00:19:39.760 --> 00:19:42.840
 engagement team, as well as some of their housing programs.

00:19:42.840 --> 00:19:46.840
 And so she has an extensive amount of experience when it comes to public engagement.

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

00:19:51.080 --> 00:19:52.080
 Denton.

00:19:52.080 --> 00:19:53.080
 But she's been a great addition so far.

00:19:53.080 --> 00:19:54.680
 So I'm going to turn it over to her.

00:19:54.680 --> 00:19:55.680
 Thank you.

00:19:55.680 --> 00:19:56.680
 Hi, Keisha.

00:19:56.680 --> 00:19:57.680
 Good evening, Chair and Commissioner.

00:19:57.680 --> 00:20:02.560
 I'm Keisha Siriano, Assistant Planning Director, here to speak with you tonight about the possibility

00:20:02.560 --> 00:20:07.840
 of adding community engagement agreement incentives as an opportunity for our developers to increase

00:20:07.840 --> 00:20:09.640
 their public engagement.

00:20:09.640 --> 00:20:14.800
 We understand that City Council, Planning and Zoning Commission, as well as staff, like

00:20:14.800 --> 00:20:18.800
 to see developers to interact and engage with the community.

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.

00:20:23.960 --> 00:20:29.640
 So the current code does recommend citizen participation, but it's a recommendation,

00:20:29.640 --> 00:20:31.640
 so it's optional.

00:20:31.640 --> 00:20:37.800
 There is a citizen participation plan noted in there, as well as a participation report.

00:20:37.800 --> 00:20:44.360
 The staff provides mailing addresses for those developers who would like to have neighborhood

00:20:44.360 --> 00:20:45.360
 meetings.

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

00:20:49.680 --> 00:20:56.400
 is we haven't had anyone submit a citizen participation report or a plan.

00:20:56.400 --> 00:21:02.880
 So we thought, what can we do to possibly entice our development community to have more

00:21:02.880 --> 00:21:08.120
 engagement with the community, which brings us to our why.

00:21:08.120 --> 00:21:13.560
 So this is a staff-initiated amendment, again, just wanting to increase engagement between

00:21:13.560 --> 00:21:15.920
 developers and residents as well.

00:21:15.920 --> 00:21:19.840
 And we know neighborhood engagement is important, and as I mentioned, it's very important to

00:21:19.840 --> 00:21:23.520
 our decision-making bodies, as well as staff.

00:21:23.520 --> 00:21:28.200
 And when developers have the opportunity to speak with residents up front, that kind of

00:21:28.200 --> 00:21:32.460
 minimizes some of the issues that may come up during a public hearing.

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

00:21:36.240 --> 00:21:43.400
 things out beforehand and hopefully minimize any delays they may have with their projects.

00:21:43.400 --> 00:21:48.640
 So how do we incentivize our applicants to engage with the community?

00:21:48.640 --> 00:21:52.580
 That's a question we're going to discuss tonight.

00:21:52.580 --> 00:21:59.520
 So we are considering to offer incentives for developers that move into creating, establishing

00:21:59.520 --> 00:22:02.940
 a community engagement agreement with neighborhood representatives.

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,

00:22:09.480 --> 00:22:14.760
 an applicant and neighborhoods, and they will work together to try to figure out what does

00:22:14.760 --> 00:22:20.640
 the neighborhood want and what could the developer possibly provide, whether it's on-site or

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

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

00:22:31.480 --> 00:22:32.480
 project."

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

00:22:39.480 --> 00:22:45.760
 providing job training classes, employment opportunities, affordable housing units, providing

00:22:45.760 --> 00:22:51.680
 open space within their site that the public could use, doing some screening and buffering

00:22:51.680 --> 00:22:57.000
 adjacent to the neighborhood, architectural designs, a number of different things that

00:22:57.000 --> 00:23:02.680
 the neighborhood could negotiate with the applicant to provide in exchange for them

00:23:02.680 --> 00:23:04.880
 supporting their project.

00:23:04.880 --> 00:23:07.120
 Here's just a couple of local examples.

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

00:23:10.960 --> 00:23:13.000
 380 multifamily project.

00:23:13.000 --> 00:23:19.680
 The applicant did submit a memorandum of understanding with the neighborhood, the neighborhood was

00:23:19.680 --> 00:23:25.840
 requesting more architectural design to do more farmhouse design, and in exchange, they

00:23:25.840 --> 00:23:27.920
 did do that to developer.

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

00:23:31.960 --> 00:23:37.760
 the Woodrow multifamily project where they offered the community scholarships in support

00:23:37.760 --> 00:23:42.880
 of their development.

00:23:42.880 --> 00:23:46.260
 So this is just a starting list.

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

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,

00:23:56.680 --> 00:24:03.680
 if they submit an executed agreement between the neighborhood and the applicant concurrent

00:24:03.680 --> 00:24:09.520
 submittal of zoning compliance plan as well as a civil engineering plan, and then also

00:24:09.520 --> 00:24:15.240
 insure, excuse me, of the clearing grade permit after the final plan has been approved.

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

00:24:20.800 --> 00:24:26.080
 to receive the incentives, they need to submit that executed agreement, and the agreement

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

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

00:24:38.280 --> 00:24:44.440
 unique signatures from 51% of property owners within the project site.

00:24:44.440 --> 00:24:51.840
 If there is an HOA within the neighborhood, they can choose to have the HOA represent

00:24:51.840 --> 00:24:54.920
 them when their negotiations with the applicant.

00:24:54.920 --> 00:24:58.760
 Can I stop you there?

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

00:25:05.400 --> 00:25:09.040
 you would vet signatures and whatnot.

00:25:09.040 --> 00:25:10.040
 Can you help me there?

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

00:25:13.760 --> 00:25:19.880
 a designated body running something in representation of the neighborhood.

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

00:25:24.160 --> 00:25:28.840
 notifications that we would still be responsible for helping the developer do that piece.

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.

00:25:32.680 --> 00:25:36.160
 We agree to the needs that we've negotiated."

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

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

00:25:45.080 --> 00:25:46.600
 on how we would verify.

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

00:25:51.880 --> 00:25:56.600
 opposition or in support, we look to see, okay, are they within the 200 foot notification

00:25:56.600 --> 00:26:00.160
 that we do in addition to the 500 foot postcards that we send out.

00:26:00.160 --> 00:26:04.240
 So this process really is no different than what we do on our zoning cases.

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

00:26:08.880 --> 00:26:13.520
 in her words that this agreement option would be submitted concurrently only with zoning

00:26:13.520 --> 00:26:16.760
 changes or specific use permit applications.

00:26:16.760 --> 00:26:22.800
 Once properties are already entitled, there's no incentive for the developer to further

00:26:22.800 --> 00:26:25.300
 meet because they already have their zoning entitlement rights.

00:26:25.300 --> 00:26:31.480
 So we're trying to further strengthen our engagement process and help provide some incentive

00:26:31.480 --> 00:26:36.560
 for the development community to be able to engage with those neighborhoods.

00:26:36.560 --> 00:26:40.440
 And so we're limiting this to zoning change requests or specific use permits.

00:26:40.440 --> 00:26:44.000
 So those zoning change requests are like plan development district requests that we get,

00:26:44.000 --> 00:26:48.920
 straight zoning requests, PD overlays that sometimes come through, specific use permits.

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

00:26:54.400 --> 00:27:00.400
 process because they're ultimately trying to get to approval, right?

00:27:00.400 --> 00:27:03.640
 And we'd always encourage them to engage with the neighborhoods.

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

00:27:08.920 --> 00:27:11.040
 those neighborhoods just a little bit more?

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

00:27:15.720 --> 00:27:16.720
 in terms of those incentives.

00:27:16.720 --> 00:27:21.040
 And that's why we've linked it to our zoning compliance plan being processed simultaneously

00:27:21.040 --> 00:27:22.560
 with civil engineering plans.

00:27:22.560 --> 00:27:27.720
 Our preference normally is that those are kept apart and someone does their zoning compliance

00:27:27.720 --> 00:27:28.720
 plan first.

00:27:28.720 --> 00:27:33.600
 And then once they get that step approved, then they come in with their civils.

00:27:33.600 --> 00:27:34.600
 That's our preference.

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

00:27:38.440 --> 00:27:43.720
 the neighborhood and in helping come into a better design project and having agreement,

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

00:27:48.080 --> 00:27:49.640
 little bit of that time back.

00:27:49.640 --> 00:27:53.040
 The other that we think will really be popular with the development community is the issuance

00:27:53.040 --> 00:27:57.880
 of the clearing grade permit prior to final plan approval, but provided that the civil

00:27:57.880 --> 00:28:02.280
 engineering plans have been approved.

00:28:02.280 --> 00:28:06.560
 We will not issue a clearing grade permit today until those CEPs have been approved.

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

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

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

00:28:23.120 --> 00:28:25.920
 they engage with the community.

00:28:25.920 --> 00:28:33.680
 It seems slightly scary to allow a clearing grade permit without a final plat and okay.

00:28:33.680 --> 00:28:34.680
 Right.

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

00:28:40.480 --> 00:28:41.480
 address it.

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

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

00:28:48.600 --> 00:28:49.600
 any dirt.

00:28:49.600 --> 00:28:51.200
 I mean, that's what it comes down to.

00:28:51.200 --> 00:28:52.200
 Okay.

00:28:52.200 --> 00:28:53.200
 Questions?

00:28:53.200 --> 00:28:54.200
 Commissioner Pruitt.

00:28:54.200 --> 00:28:55.200
 Thank you, Chair.

00:28:55.200 --> 00:28:58.640
 Just a few things.

00:28:58.640 --> 00:29:05.480
 So one on the clearing grade permit question, it says, you know, erosion control and tree

00:29:05.480 --> 00:29:10.560
 protection fencing have been installed and expected.

00:29:10.560 --> 00:29:15.860
 I believe final plat, one of the requirements is the tree preservation plan, and that flows

00:29:15.860 --> 00:29:18.000
 into which trees get protected.

00:29:18.000 --> 00:29:25.960
 So is the proposal that we could allow that clearing grade permit after the tree preservation

00:29:25.960 --> 00:29:32.960
 plan has been submitted and that fencing is erected, but before the final plat is filed?

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,

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

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,

00:29:47.920 --> 00:29:53.800
 so as we review civil engineering plans, if there are grading changes that are being made

00:29:53.800 --> 00:29:57.840
 or utility easements that are being shifted that are gonna impact trees that were originally

00:29:57.840 --> 00:30:01.600
 designated for preservation, then we have the applicant update their tree preservation

00:30:01.600 --> 00:30:03.980
 plan because they still have that responsibility.

00:30:03.980 --> 00:30:07.640
 So that's why we make sure that the tree preservation, that will still be addressed.

00:30:07.640 --> 00:30:11.400
 It still has to be approved before those CEPs are approved.

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

00:30:15.360 --> 00:30:20.760
 and has been inspected because we're, and that's part of our process today.

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

00:30:25.720 --> 00:30:28.720
 you've got your tree protection fencing installed.

00:30:28.720 --> 00:30:30.880
 So that's just a reaffirmation of what we do today.

00:30:30.880 --> 00:30:31.880
 - Okay.

00:30:31.880 --> 00:30:37.200
 And then I guess two questions about sort of the thresholds of engagement.

00:30:37.200 --> 00:30:44.480
 Can you explain what the thought is to focus on property owners instead of residents or

00:30:44.480 --> 00:30:48.440
 business proprietors within that area?

00:30:48.440 --> 00:30:55.080
 - We did, initially we were thinking what she mentioned earlier was HOAs, but understanding

00:30:55.080 --> 00:31:00.880
 that some neighborhoods don't have one, they don't even have a organized group.

00:31:00.880 --> 00:31:05.320
 So then we switched and said maybe we just focus on the property owners.

00:31:05.320 --> 00:31:06.320
 - Okay.

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

00:31:13.440 --> 00:31:14.600
 property owners.

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.

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

00:31:28.360 --> 00:31:35.140
 the number of property owners, which is a little different than the 20% of land area

00:31:35.140 --> 00:31:39.880
 within the perimeter, and then the 51% is different than the 20%, right?

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.

00:31:45.880 --> 00:31:50.720
 - Do you want me to address that or do you want...

00:31:50.720 --> 00:31:53.720
 - I almost get right to you, but...

00:31:53.720 --> 00:31:54.720
 - Go right ahead.

00:31:54.720 --> 00:31:55.720
 Go right ahead.

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.

00:31:59.920 --> 00:32:02.440
 And then what was that a part of your question?

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

00:32:10.720 --> 00:32:17.440
 within that border, as opposed to the people who represent the majority of the land within

00:32:17.440 --> 00:32:25.360
 the border, which is the way the triggering language in state law requires super majority

00:32:25.360 --> 00:32:29.160
 vote at council, for instance, if they're above a 20% denial, right?

00:32:29.160 --> 00:32:30.680
 - Do you want to...

00:32:30.680 --> 00:32:31.680
 - Sure thing.

00:32:31.680 --> 00:32:33.040
 - That's a great question.

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

00:32:39.800 --> 00:32:46.160
 point that right now on the 200 foot notification, for example, what triggers the super majority

00:32:46.160 --> 00:32:51.040
 vote at city council is based upon 20% of the ownership within the notification area.

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.

00:32:59.800 --> 00:33:01.020
 Just need that direction from you.

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

00:33:09.960 --> 00:33:19.280
 the 500 foot boundary need to be the ones that are carrying heavier weight, I guess,

00:33:19.280 --> 00:33:24.040
 in the decision-making process, that's something that we can definitely look into.

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

00:33:29.080 --> 00:33:35.560
 also send out the courtesy postcards to all residents or I guess their utility bill holders

00:33:35.560 --> 00:33:39.960
 within 500 feet, because we recognize that we have some folks that are not owners of

00:33:39.960 --> 00:33:40.960
 the land, right?

00:33:40.960 --> 00:33:41.960
 They're renters.

00:33:41.960 --> 00:33:44.220
 They don't own the unit that they live within.

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

00:33:48.520 --> 00:33:51.840
 to go further out to be able to engage the neighborhood.

00:33:51.840 --> 00:33:55.800
 But happy to receive, if there's concurrence from the commission for us to change that

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,

00:34:03.920 --> 00:34:05.480
 then we're happy to do that.

00:34:05.480 --> 00:34:07.400
 And that's why we're having this discussion with you.

00:34:07.400 --> 00:34:08.400
 Sure.

00:34:08.400 --> 00:34:09.400
 Yeah.

00:34:09.400 --> 00:34:15.240
 I mean, I was just curious where the proposal came from primarily.

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

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

00:34:28.480 --> 00:34:34.880
 control over very much of the perimeter of the land or the opposite, right?

00:34:34.880 --> 00:34:41.120
 So my preference, I guess, from a community engagement perspective would be the number

00:34:41.120 --> 00:34:51.000
 of residents or business operators within that area and not to be land.

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

00:34:58.040 --> 00:35:06.000
 have an increased success rate, if you will, that there's general agreement once it comes

00:35:06.000 --> 00:35:08.540
 to planning and zoning and then council.

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

00:35:14.640 --> 00:35:15.640
 that manner.

00:35:15.640 --> 00:35:16.640
 Does that make sense?

00:35:16.640 --> 00:35:17.640
 I think so.

00:35:17.640 --> 00:35:18.640
 So yeah.

00:35:18.640 --> 00:35:25.960
 And then the last thing, it just flew out of my head, oh, yes.

00:35:25.960 --> 00:35:32.320
 In drafting these rules, were there current or previous developers that we reached out

00:35:32.320 --> 00:35:40.960
 to to try to understand whether the thresholds and the incentives were a package that would

00:35:40.960 --> 00:35:42.760
 be enticing to them?

00:35:42.760 --> 00:35:50.040
 We haven't spoken to anyone specifically about this specific but what kind of prompt this

00:35:50.040 --> 00:35:54.360
 was a member of an understanding I mentioned previously from that developer that actually

00:35:54.360 --> 00:36:00.320
 was successfully worked out a deal with the community to change their architectural standards.

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

00:36:05.880 --> 00:36:06.880
 we can.

00:36:06.880 --> 00:36:07.880
 Yeah.

00:36:07.880 --> 00:36:10.040
 Keshia, this is kind of in brainstorming stage still, isn't it?

00:36:10.040 --> 00:36:11.040
 Right?

00:36:11.040 --> 00:36:12.040
 Yes.

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

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

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

00:36:26.560 --> 00:36:27.560
 multifamily project.

00:36:27.560 --> 00:36:32.320
 If you recall, Amy mentioned we had a memorandum of understanding.

00:36:32.320 --> 00:36:38.960
 And in that particular example, I believe it was the HOA representatives were negotiating

00:36:38.960 --> 00:36:42.020
 on behalf of the neighborhood, but that's the project that started out where they were

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

00:36:46.000 --> 00:36:49.160
 sent it back and was interested in more of a planned development district.

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

00:36:52.880 --> 00:36:56.920
 neighborhood and Amy had come forth with that memorandum of understanding.

00:36:56.920 --> 00:37:00.440
 And so we were like, okay, how can we build upon that?

00:37:00.440 --> 00:37:03.800
 If that seemed to be very well received from the Planning and Zoning Commission as well

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

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

00:37:15.000 --> 00:37:17.040
 entice others to do something similar?

00:37:17.040 --> 00:37:18.040
 Okay.

00:37:18.040 --> 00:37:23.800
 Yeah, I think it looks like a good first start.

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

00:37:34.640 --> 00:37:38.960
 for smaller developments and smaller zoning changes, if you will.

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

00:37:44.440 --> 00:37:49.440
 side, that's like 100 neighbors that you have to talk to.

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

00:37:56.080 --> 00:38:03.080
 bit more than what the area might be, but just a thought, so thank you.

00:38:03.080 --> 00:38:06.880
 Okay, before we move on, do you have more of your presentation?

00:38:06.880 --> 00:38:07.880
 Yes.

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

00:38:12.120 --> 00:38:15.920
 get too bogged down before she has told us everything, because a lot of things might

00:38:15.920 --> 00:38:17.400
 be answered on the next slide.

00:38:17.400 --> 00:38:23.520
 So just want to discuss briefly the limitations.

00:38:23.520 --> 00:38:28.000
 So agreements, when they're submitted to us, they must clearly state the terms and conditions

00:38:28.000 --> 00:38:32.400
 for the timeframe, but when those performance commitments are going to be made, they cannot

00:38:32.400 --> 00:38:36.200
 conflict with any other regulatory documents within the city.

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

00:38:44.200 --> 00:38:49.040
 to perform or defaulted on what they promised the neighborhood, that may impact their ability

00:38:49.040 --> 00:38:55.480
 to apply for eligible for centers in the future.

00:38:55.480 --> 00:38:59.280
 So neighbor engagement, so we mentioned earlier in our conversation, and we know it's very

00:38:59.280 --> 00:39:05.000
 important in our community, so we will continue to, citizen participation that's already in

00:39:05.000 --> 00:39:10.480
 the code, we will still follow those and still encourage our developers to have those neighborhood

00:39:10.480 --> 00:39:11.480
 meetings.

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

00:39:17.040 --> 00:39:21.240
 communicating with neighborhood residents about their projects.

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

00:39:25.720 --> 00:39:30.680
 front desk and during pre-application meetings and wherever else we find that it could be

00:39:30.680 --> 00:39:38.800
 a resource for our developer community.

00:39:38.800 --> 00:39:42.440
 That concludes my presentation, I'm open for questions.

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

00:39:49.760 --> 00:39:52.040
 of other, like what you want to do from here?

00:39:52.040 --> 00:39:55.920
 I mean, we're just talking about it now, okay, so here we go.

00:39:55.920 --> 00:39:56.920
 Yes.

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

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

00:40:06.400 --> 00:40:11.480
 a public hearing July 17 and council August 6th.

00:40:11.480 --> 00:40:12.480
 For action then?

00:40:12.480 --> 00:40:13.480
 Yes.

00:40:13.480 --> 00:40:14.480
 Understood.

00:40:14.480 --> 00:40:15.480
 Okay.

00:40:15.480 --> 00:40:16.480
 Question, Commissioner Thacker.

00:40:16.480 --> 00:40:21.300
 So I've got a few questions, sorry.

00:40:21.300 --> 00:40:26.000
 So what happens in the event that the HOA representative isn't actually living within

00:40:26.000 --> 00:40:30.080
 500 feet of the change, right?

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

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

00:40:37.960 --> 00:40:43.680
 at it, I think that's something maybe to be considered, right?

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

00:40:47.280 --> 00:40:48.280
 is?

00:40:48.280 --> 00:40:49.280
 And that's a twofold issue.

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

00:40:56.560 --> 00:40:58.240
 neighborhood the most, right?

00:40:58.240 --> 00:41:01.840
 And sorry, something just flew out of my head.

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.

00:41:07.200 --> 00:41:10.380
 So if you're trying to get consensus with everybody in the neighborhood and everybody

00:41:10.380 --> 00:41:14.620
 starts out thinking, "Oh, well, I think we should really press for an architectural facade

00:41:14.620 --> 00:41:18.880
 of a certain building," and then another group is like, "Yeah, we thought about that, but

00:41:18.880 --> 00:41:22.520
 maybe we should also do this," meanwhile the developer is sitting there waiting to decide

00:41:22.520 --> 00:41:25.680
 whether or not he's even going to be able to break ground.

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

00:41:28.680 --> 00:41:31.480
 go much slower.

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

00:41:39.240 --> 00:41:43.320
 hope that the other 49% are just, you know, don't care, right?

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

00:41:48.620 --> 00:41:54.400
 of people that live right across the street from each other, then you have an issue.

00:41:54.400 --> 00:41:57.720
 So those are just things I think maybe we need to consider.

00:41:57.720 --> 00:42:02.080
 It's one thing for, I don't know, you know, a council to be divided.

00:42:02.080 --> 00:42:06.960
 It's another thing for a neighborhood that lives right across the street from each other

00:42:06.960 --> 00:42:11.540
 to not get along because they decided to take a different approach and vote a different

00:42:11.540 --> 00:42:13.520
 way on how this is organized.

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

00:42:20.400 --> 00:42:28.000
 day, right, from a standpoint of developer goes and engages with neighborhood and is

00:42:28.000 --> 00:42:33.440
 dealing with a group of folks that may have differing opinions.

00:42:33.440 --> 00:42:34.440
 And we saw that.

00:42:34.440 --> 00:42:36.520
 The St. Mark's zoning case is a good example of that.

00:42:36.520 --> 00:42:41.280
 We had some folks who, you know, some people were saying, well, you know, the neighborhood

00:42:41.280 --> 00:42:45.400
 park is used heavily and others were saying, well, no, it's not really.

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.

00:42:49.400 --> 00:42:56.200
 So any neighborhood engagement potentially has differing viewpoints being expressed.

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,

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

00:43:08.380 --> 00:43:10.680
 them or who from their HOA.

00:43:10.680 --> 00:43:15.320
 You know, not all neighborhoods in Denton have HOA representation.

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

00:43:19.240 --> 00:43:24.200
 for them to decide who is going to speak and represent them.

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

00:43:29.040 --> 00:43:34.920
 engage with the neighborhood and, you know, who's going to lead the discussions with the

00:43:34.920 --> 00:43:35.920
 developer.

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,

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

00:43:46.160 --> 00:43:52.200
 this last week also because previously we didn't set a geographic area to it.

00:43:52.200 --> 00:43:55.360
 But to your point, it's like, okay, well, then who all gets to participate, right?

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

00:44:03.720 --> 00:44:08.000
 or not at least for when it comes to this agreement.

00:44:08.000 --> 00:44:11.360
 Doing all of this neighborhood engagement, yes, it does lengthen process.

00:44:11.360 --> 00:44:13.600
 I mean, we've seen that with projects.

00:44:13.600 --> 00:44:17.320
 This had spoken to that as well when she did the memorandum of understanding.

00:44:17.320 --> 00:44:23.160
 I think they did 14 months worth of public engagement that, you know, she was -- their

00:44:23.160 --> 00:44:26.120
 team was going to be doing that public engagement regardless, right?

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,

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

00:44:35.960 --> 00:44:40.520
 opportunity then if we're going to go through this extensive public engagement process and

00:44:40.520 --> 00:44:45.360
 really try to be responsive to the neighborhood, is there something that we could potentially

00:44:45.360 --> 00:44:51.880
 get in return to offset the length of time that might have been spent?

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

00:44:55.360 --> 00:44:56.360
 a process?

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

00:45:00.360 --> 00:45:01.360
 basis.

00:45:01.360 --> 00:45:02.360
 Can we get under construction sooner?

00:45:02.360 --> 00:45:04.000
 Can we move dirt sooner?

00:45:04.000 --> 00:45:09.480
 So we're like, okay, maybe we leverage that clearing grade permit to encourage folks to

00:45:09.480 --> 00:45:14.080
 -- or to encourage the development community to do the public engagement.

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

00:45:18.680 --> 00:45:20.600
 the back there would all shake their heads, yes.

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

00:45:24.440 --> 00:45:28.320
 you engage the neighborhood or, you know, especially anything near ranch estates.

00:45:28.320 --> 00:45:31.960
 We know some of the challenges there, the Denia neighborhood, right?

00:45:31.960 --> 00:45:36.280
 But all the neighborhoods, we tell folks, make sure you engage the neighborhoods.

00:45:36.280 --> 00:45:41.400
 Do your public engagement efforts, and, you know, we've seen some applicants come before

00:45:41.400 --> 00:45:45.620
 the Planning and Zoning Commission who did not do any engagement despite what we told

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

00:45:49.440 --> 00:45:51.320
 before you come back with your request.

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

00:45:55.800 --> 00:46:02.760
 we do to help better support in -- and encourage that development community to do the neighborhood

00:46:02.760 --> 00:46:03.760
 engagement?

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.

00:46:07.240 --> 00:46:11.160
 You know, right now we have in the code the Citizen Participation Plan, but nobody utilizes

00:46:11.160 --> 00:46:12.160
 it.

00:46:12.160 --> 00:46:14.440
 It's all encouraged and recommendations, right?

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

00:46:17.960 --> 00:46:22.280
 give them something in exchange for doing the neighborhood engagement?

00:46:22.280 --> 00:46:27.880
 Just as a follow up -- Sure.

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

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

00:46:36.680 --> 00:46:38.040
 the dust?

00:46:38.040 --> 00:46:39.040
 So that's a great question.

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?

00:46:42.040 --> 00:46:44.080
 I think that was on the previous slide where they would --

00:46:44.080 --> 00:46:45.080
 Yeah, it was on the slide.

00:46:45.080 --> 00:46:46.080
 Yeah, where they would not be entitled.

00:46:46.080 --> 00:46:51.160
 We're not going to enforce, but we do -- we are proposing to add in here.

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

00:46:57.680 --> 00:47:01.200
 would impact their ability to apply for incentives in the future.

00:47:01.200 --> 00:47:02.200
 Okay.

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

00:47:07.320 --> 00:47:09.360
 legislate behavior here?

00:47:09.360 --> 00:47:12.480
 Sorry, I just didn't -- No, you're good.

00:47:12.480 --> 00:47:13.480
 Okay.

00:47:13.480 --> 00:47:14.480
 I'm going to let somebody else speak.

00:47:14.480 --> 00:47:15.480
 Commissioner Cole.

00:47:15.480 --> 00:47:16.480
 Thank you, Chair.

00:47:16.480 --> 00:47:21.140
 I mean, this, in my mind, is a solution looking for a problem.

00:47:21.140 --> 00:47:23.200
 We already go through this.

00:47:23.200 --> 00:47:31.040
 I mean, this is just adding a process -- we are already the most process-heavy municipality

00:47:31.040 --> 00:47:38.120
 in development in the Metroplex, if not the state, of our size.

00:47:38.120 --> 00:47:41.920
 And this is adding another hurdle.

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.

00:47:48.640 --> 00:47:54.680
 Well, I don't think this necessarily -- I realize that, but I'm getting extraordinary

00:47:54.680 --> 00:48:01.800
 a little bit on my -- but I just think this is a redundancy that's unnecessary.

00:48:01.800 --> 00:48:06.760
 Why would we make it more difficult for someone to develop?

00:48:06.760 --> 00:48:10.040
 I mean, we already are difficult.

00:48:10.040 --> 00:48:13.600
 We already have this long process.

00:48:13.600 --> 00:48:15.360
 Why would we add onto it?

00:48:15.360 --> 00:48:19.180
 We already take these things into consideration; there's just no teeth in it.

00:48:19.180 --> 00:48:24.200
 I guess maybe this adds teeth to that.

00:48:24.200 --> 00:48:27.000
 But we already do it.

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

00:48:36.560 --> 00:48:40.560
 and who's going to come in here and do a project?

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

00:48:47.800 --> 00:48:52.200
 business owners, that are construction companies that will not take a Dinton project.

00:48:52.200 --> 00:48:53.200
 Okay.

00:48:53.200 --> 00:48:54.200
 I don't want to get off-topic.

00:48:54.200 --> 00:48:55.200
 Okay.

00:48:55.200 --> 00:48:56.200
 Let's see.

00:48:56.200 --> 00:48:57.200
 Yeah, I agree.

00:48:57.200 --> 00:48:58.200
 Okay.

00:48:58.200 --> 00:48:59.320
 But I just think this is a solution looking for a problem.

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

00:49:07.760 --> 00:49:12.620
 I missed it at the beginning, is why are we doing this?

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

00:49:20.800 --> 00:49:26.140
 neighborhood engagement, I think we have had more neighborhood engagement.

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

00:49:34.320 --> 00:49:39.660
 so that offering incentives is going to get more engagement?

00:49:39.660 --> 00:49:44.320
 Is that why we would be doing this?

00:49:44.320 --> 00:49:46.380
 So great question.

00:49:46.380 --> 00:49:52.720
 We are trying to help incentivize developers to make sure that they're going and engaging

00:49:52.720 --> 00:49:53.720
 the community.

00:49:53.720 --> 00:49:57.340
 At the end of the day, I mean, they don't have to.

00:49:57.340 --> 00:50:01.800
 This agreement would not prevent somebody from submitting a zoning application.

00:50:01.800 --> 00:50:06.240
 If they can still move forward with the zoning application, they could still come forth to

00:50:06.240 --> 00:50:10.320
 the Planning and Zoning Commission and Council without an agreement, right?

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

00:50:16.500 --> 00:50:19.600
 on them and haven't had neighborhood agreement.

00:50:19.600 --> 00:50:25.800
 So it's not preventing anybody, to your point, with concerns about delaying somebody further.

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

00:50:31.560 --> 00:50:34.600
 Zoning Commission, City Council, to engage the community.

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

00:50:41.000 --> 00:50:44.320
 time on the backside for the engagement efforts that they've done?

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

00:50:50.440 --> 00:50:51.440
 currently?

00:50:51.440 --> 00:50:52.440
 Yes?

00:50:52.440 --> 00:50:53.440
 Correct.

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

00:50:59.840 --> 00:51:02.080
 to be engaged will be engaged, right?

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

00:51:06.480 --> 00:51:07.480
 involved.

00:51:07.480 --> 00:51:12.760
 A lot of times we have projects that come forth where people don't care, right?

00:51:12.760 --> 00:51:17.120
 They're apathetic or they have no issue associated with it.

00:51:17.120 --> 00:51:23.000
 I would say we are a well-engaged community in that our residents are very interested

00:51:23.000 --> 00:51:24.000
 in what happens.

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

00:51:28.520 --> 00:51:32.320
 to help the community understand what's happening near them.

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

00:51:36.800 --> 00:51:41.560
 and select a distance to get updates regarding any projects within a certain distance of

00:51:41.560 --> 00:51:42.560
 them, right?

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

00:51:51.040 --> 00:51:57.320
 more public engagement and in exchange for doing public engagement, then how can we help

00:51:57.320 --> 00:51:59.440
 you on the backside a little bit?

00:51:59.440 --> 00:52:03.440
 And about like being able to issue that clearing grade permit and then also processing those

00:52:03.440 --> 00:52:10.720
 zoning compliance plans and the CEPs concurrently might be an opportunity that helps extend

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

00:52:14.080 --> 00:52:15.080
 from that perspective.

00:52:15.080 --> 00:52:20.160
 Honestly, with the zoning compliance plan and CEPs, you're more savvy developers.

00:52:20.160 --> 00:52:24.720
 They will be the ones that will try to utilize that process.

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

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

00:52:35.240 --> 00:52:40.840
 grade permit following the approval of the CEPs and I believe we need to correct our

00:52:40.840 --> 00:52:45.280
 slide because it said prior to final plan approval, I believe our intention was we were

00:52:45.280 --> 00:52:49.600
 going to have final plan approval, but prior to filing because right now we require that

00:52:49.600 --> 00:52:54.500
 plat to be filed before someone can go move dirt.

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

00:53:00.480 --> 00:53:02.760
 improvements have been constructed.

00:53:02.760 --> 00:53:05.480
 That's where we are different from other communities.

00:53:05.480 --> 00:53:08.680
 The state statute does now allow for that.

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

00:53:12.720 --> 00:53:14.760
 3699.

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

00:53:19.040 --> 00:53:23.920
 out of the last legislative session is more flexibility on the platting side of things

00:53:23.920 --> 00:53:29.720
 where we can approve them administratively, also being able to approve extensions administratively

00:53:29.720 --> 00:53:32.840
 without having to put them on your agenda.

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

00:53:40.360 --> 00:53:44.600
 to save someone time on their development process with us and using that.

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

00:53:52.360 --> 00:53:59.280
 incentives and what is it costing them to get these signatures and go through that part,

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.

00:54:07.080 --> 00:54:10.600
 >> Considering the presentation that was presented, is there any data that shows which pockets

00:54:10.600 --> 00:54:14.640
 of the community are more engaged than the other areas?

00:54:14.640 --> 00:54:17.840
 So more engaged versus more less engaged?

00:54:17.840 --> 00:54:22.840
 >> I don't think she had that on this slide.

00:54:22.840 --> 00:54:24.360
 >> We didn't present that information.

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.

00:54:28.160 --> 00:54:32.800
 >> We know from experience certain things, which we could certainly share with you, just

00:54:32.800 --> 00:54:38.120
 from years of being here and seeing communities, but certainly can share with you.

00:54:38.120 --> 00:54:40.440
 Does anyone else have anything for Keisha right now?

00:54:40.440 --> 00:54:43.800
 >> I have a couple.

00:54:43.800 --> 00:54:48.000
 Going back to the best practices that were presented, was there any data that was used

00:54:48.000 --> 00:54:50.480
 or sourced to develop those best practices?

00:54:50.480 --> 00:54:51.480
 >> Yes.

00:54:51.480 --> 00:54:52.480
 Yes.

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

00:54:58.520 --> 00:55:03.760
 looked at various different what other cities have done to encourage development and just

00:55:03.760 --> 00:55:08.400
 their own personal experience interacting with the community and public engagement.

00:55:08.400 --> 00:55:11.760
 That's what we used to create that flyer.

00:55:11.760 --> 00:55:16.280
 >> Could you go back to the flyer if possible?

00:55:16.280 --> 00:55:21.040
 With that, if you do have data that demonstrates neighborhoods or pockets of the community

00:55:21.040 --> 00:55:29.600
 that are more highly engaged, it may be a point to explore if the recommendations could

00:55:29.600 --> 00:55:34.560
 include best practices for those neighborhoods that are more highly engaged and best practices

00:55:34.560 --> 00:55:39.360
 that are listed for those neighborhoods that aren't as highly engaged to determine, again,

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

00:55:45.280 --> 00:55:47.160
 that aren't as engaged?

00:55:47.160 --> 00:55:48.680
 Is there something that we haven't considered?

00:55:48.680 --> 00:55:52.200
 Is there something that seems to work a little bit more?

00:55:52.200 --> 00:55:59.680
 On the best practices list, is there anything that suggests any written materials in different

00:55:59.680 --> 00:56:03.400
 languages that are reflective of the demographics of the communities?

00:56:03.400 --> 00:56:04.400
 >> Yes.

00:56:04.400 --> 00:56:05.400
 Yes, there is.

00:56:05.400 --> 00:56:11.920
 And even mentioned having a translator at meetings, if possible, if need be.

00:56:11.920 --> 00:56:12.920
 Yes.

00:56:12.920 --> 00:56:13.920
 >> Okay.

00:56:13.920 --> 00:56:17.960
 I'm just checking my list.

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

00:56:22.320 --> 00:56:28.000
 challenges to what's being presented, I think that for me, what I see is education.

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

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

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

00:56:41.160 --> 00:56:42.160
 things a little bit differently.

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

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

00:56:53.200 --> 00:56:54.200
 civic engagement.

00:56:54.200 --> 00:56:55.200
 >> Thank you.

00:56:55.200 --> 00:56:56.200
 Thanks.

00:56:56.200 --> 00:56:57.200
 Commissioner Villareal.

00:56:57.200 --> 00:56:59.900
 >> Thank you, Chair, and thank you for the presentation.

00:56:59.900 --> 00:57:05.160
 I'm in favor of anything that improves and pushes for additional community engagement,

00:57:05.160 --> 00:57:07.240
 so thank you for putting this forward.

00:57:07.240 --> 00:57:13.160
 I do want to just -- I know this was mentioned briefly during the conversation with Vice

00:57:13.160 --> 00:57:21.840
 Chair Pruitt, but if we could perhaps change it from property owners to residents/business

00:57:21.840 --> 00:57:25.440
 proprietors, I would be in favor of that change.

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.

00:57:29.400 --> 00:57:30.400
 Thank you.

00:57:30.400 --> 00:57:31.400
 >> Thank you.

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

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

00:57:41.520 --> 00:57:42.520
 --

00:57:42.520 --> 00:57:43.520
 >> Okay.

00:57:43.520 --> 00:57:44.520
 >> Right.

00:57:44.520 --> 00:57:45.520
 Yeah.

00:57:45.520 --> 00:57:46.760
 >> That makes sense.

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,

00:57:50.260 --> 00:57:51.260
 you know?

00:57:51.260 --> 00:57:55.080
 I don't know exactly where that fits.

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

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

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

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

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

00:58:33.800 --> 00:58:36.880
 us to give you direction on something that we're seeing for the first time.

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

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

00:58:50.320 --> 00:58:51.320
 around it.

00:58:51.320 --> 00:58:52.320
 >> Absolutely.

00:58:52.320 --> 00:58:53.320
 No, I see what you're saying.

00:58:53.320 --> 00:58:57.400
 And I know originally we thought we were -- let's see.

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

00:59:02.920 --> 00:59:07.600
 next planning and zoning commission meeting to give you -- let us look at that.

00:59:07.600 --> 00:59:10.280
 But if we can do that, we'll try and do so.

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

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,

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

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

00:59:31.880 --> 00:59:36.480
 modify that might be of interest, and -- but, yeah, we'll definitely look into it.

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

00:59:40.880 --> 00:59:46.120
 able to read and reread, you know, where we can get with our thoughts and whatnot.

00:59:46.120 --> 00:59:47.120
 >> Sure.

00:59:47.120 --> 00:59:48.120
 >> Okay.

00:59:48.120 --> 00:59:49.120
 Commissioner Pruitt.

00:59:49.120 --> 00:59:54.720
 >> Briefly, I just want to summarize because I've rambled before.

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.

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

01:00:05.580 --> 01:00:10.000
 still takes advantage of it and so it doesn't matter, right?

01:00:10.000 --> 01:00:17.800
 Or enticing enough that the projects where it makes financial sense to go through this

01:00:17.800 --> 01:00:21.440
 step will do it, right?

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

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

01:00:39.160 --> 01:00:50.360
 go and the scale of financing incentivize larger projects that have a bigger impact

01:00:50.360 --> 01:00:53.400
 to the community.

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

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

01:01:10.160 --> 01:01:16.680
 and I need so and so and I have $50,000, right?

01:01:16.680 --> 01:01:18.120
 So I'm sensitive to that.

01:01:18.120 --> 01:01:19.120
 So thank you.

01:01:19.120 --> 01:01:20.120
 >> Thank you.

01:01:20.120 --> 01:01:21.120
 >> Thank you.

01:01:21.120 --> 01:01:22.120
 >> Thank you.

01:01:22.120 --> 01:01:23.960
 >> Thank you very much.

01:01:23.960 --> 01:01:28.720
 I know we've got one more work session report.

01:01:28.720 --> 01:01:32.220
 Do you want to continue or break for food and then continue?

01:01:32.220 --> 01:01:33.720
 I'm going to get a consensus.

01:01:33.720 --> 01:01:35.720
 How is everybody doing?

01:01:35.720 --> 01:01:36.720
 Everybody okay?

01:01:36.720 --> 01:01:39.960
 Because I think Keisha, this is yours, yes?

01:01:39.960 --> 01:01:40.960
 >> Yes.

01:01:40.960 --> 01:01:41.960
 >> Okay.

01:01:41.960 --> 01:01:42.960
 Then you've got it ready to go.

01:01:42.960 --> 01:01:49.320
 Let's go ahead and call 3B, PZ24090, receive a report, hold a discussion regarding the

01:01:49.320 --> 01:01:54.800
 process of PNZ commission operational procedures as it relates to reconsideration.

01:01:54.800 --> 01:01:58.320
 >> Good evening again, Chair and commissioners.

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

01:02:07.000 --> 01:02:10.800
 a zoning commission to have a reconsideration process.

01:02:10.800 --> 01:02:16.840
 This is again is a staff initiated request due to challenges with the prior reconsideration

01:02:16.840 --> 01:02:23.240
 last summer and confirm the need that you all need your own codified process.

01:02:23.240 --> 01:02:29.240
 I think currently right now you're following City Council's reconsideration process which

01:02:29.240 --> 01:02:34.160
 allows for you to request from the director that an item be reconsidered prior to your

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

01:02:38.840 --> 01:02:44.280
 City Council agenda, excuse me, then you have to appear before City Council and make that

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

01:02:50.720 --> 01:02:53.080
 back to planning a zoning commission.

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

01:03:00.440 --> 01:03:03.520
 code -- and have that, excuse me, codified in our code.

01:03:03.520 --> 01:03:06.800
 So here is the process that we are recommending.

01:03:06.800 --> 01:03:09.080
 So the first item, there's no change, right?

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

01:03:13.320 --> 01:03:15.760
 make a request to the director.

01:03:15.760 --> 01:03:18.360
 The only thing that's going to change is the timeframe.

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

01:03:23.840 --> 01:03:26.440
 your next meeting to make the request.

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

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

01:03:38.440 --> 01:03:41.400
 pulled that you've requested to be reconsidered.

01:03:41.400 --> 01:03:46.200
 We need that request by 10 a.m. on Friday after your meeting.

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.

01:03:58.080 --> 01:04:01.920
 So just to continue with the process, I'm sure you're all familiar.

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

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

01:04:12.920 --> 01:04:15.560
 vote to reconsider the item or not.

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

01:04:22.280 --> 01:04:24.600
 and then back on for public hearing.

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

01:04:28.640 --> 01:04:33.280
 agenda for their public hearing.

01:04:33.280 --> 01:04:35.520
 This is just a calendar so you can visually see.

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.

01:04:40.640 --> 01:04:41.640
 So let's look at August.

01:04:41.640 --> 01:04:45.600
 So you look at August 14, you make an original vote.

01:04:45.600 --> 01:04:50.120
 Someone on the prevailing side requests to reconsider to the director and that would

01:04:50.120 --> 01:04:54.880
 have to be submitted by that Friday on the 16th at 10 a.m.

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

01:04:59.680 --> 01:05:00.680
 16th.

01:05:00.680 --> 01:05:08.360
 So it's all items, whether it's fast-tracked or not.

01:05:08.360 --> 01:05:09.360
 That's the end of my presentation.

01:05:09.360 --> 01:05:11.360
 I'm open for questions or comments.

01:05:11.360 --> 01:05:12.360
 >> Okay.

01:05:12.360 --> 01:05:14.680
 So let's go back to that visual.

01:05:14.680 --> 01:05:15.680
 >> Okay.

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

01:05:21.840 --> 01:05:22.840
 the meeting.

01:05:22.840 --> 01:05:23.840
 Is that?

01:05:23.840 --> 01:05:24.840
 >> Yes, ma'am.

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,

01:05:30.560 --> 01:05:33.140
 that wouldn't even work.

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

01:05:38.120 --> 01:05:39.120
 know.

01:05:39.120 --> 01:05:40.120
 >> Oh, you would pull it?

01:05:40.120 --> 01:05:41.120
 >> Yes.

01:05:41.120 --> 01:05:42.120
 >> You would pull it.

01:05:42.120 --> 01:05:43.120
 I see.

01:05:43.120 --> 01:05:44.120
 Okay.

01:05:44.120 --> 01:05:46.720
 >> That fast-track thing is really what we were hoping to balance, but keep going.

01:05:46.720 --> 01:05:47.720
 >> Right.

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

01:05:52.320 --> 01:05:54.360
 we would take a vote?

01:05:54.360 --> 01:05:55.360
 >> Yes.

01:05:55.360 --> 01:05:56.360
 >> Okay.

01:05:56.360 --> 01:05:58.680
 Commissioner Villarreal, I think you had your hand up.

01:05:58.680 --> 01:06:00.320
 >> Thank you, Chair.

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

01:06:07.160 --> 01:06:11.920
 on this fast-track basis.

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

01:06:16.000 --> 01:06:19.800
 our reconsideration request a day and a half later?

01:06:19.800 --> 01:06:24.400
 I mean, sometimes there are things that come up the week after, there are conversations

01:06:24.400 --> 01:06:30.160
 that are had, you know, additional information rises to the surface.

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

01:06:34.280 --> 01:06:36.480
 the fast-track date and time.

01:06:36.480 --> 01:06:38.760
 I understand for fast-track items, of course.

01:06:38.760 --> 01:06:39.760
 Thank you.

01:06:39.760 --> 01:06:45.320
 >> We were trying to just be consistent and not have two separate calendars of information.

01:06:45.320 --> 01:06:49.200
 So that was the reason why we were proposing just to have the one process.

01:06:49.200 --> 01:06:50.200
 >> Yeah.

01:06:50.200 --> 01:06:53.320
 I mean, Keisha's right.

01:06:53.320 --> 01:06:57.600
 We were trying to have a standardized process because also there are some factors that come

01:06:57.600 --> 01:07:02.360
 into play, like for example, depending upon when the meetings are scheduled.

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

01:07:08.920 --> 01:07:09.920
 meeting dates.

01:07:09.920 --> 01:07:13.800
 But we're just -- we struggled through this -- or not, I shouldn't say struggled.

01:07:13.800 --> 01:07:19.540
 We discussed this extensively on how best to -- you know, do we have two separate processes

01:07:19.540 --> 01:07:21.080
 versus just one?

01:07:21.080 --> 01:07:26.040
 We were concerned that trying to come up with two separate processes was -- would be more

01:07:26.040 --> 01:07:27.220
 confusing.

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

01:07:34.320 --> 01:07:38.640
 with the vote, particularly those that might have been on the prevailing side where you

01:07:38.640 --> 01:07:42.880
 believe a reconsideration is necessary, that your gut's probably going to tell you sooner

01:07:42.880 --> 01:07:46.960
 than later and that it's going to be on the sooner side.

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

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.

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

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

01:08:08.600 --> 01:08:09.600
 city council.

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

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

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.

01:08:28.440 --> 01:08:33.480
 You know, an applicant shouldn't be penalized for an error that staff made.

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

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.

01:08:44.440 --> 01:08:49.120
 You know, if you all feel -- if the concurrence of the commission -- yeah, if the concurrence

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

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

01:08:57.680 --> 01:09:02.560
 have it a streamlined language that we can put in a proposed draft for your consideration.

01:09:02.560 --> 01:09:05.080
 But, you know, open to your thoughts on it.

01:09:05.080 --> 01:09:06.760
 That's why we're having this conversation.

01:09:06.760 --> 01:09:07.760
 >> Okay.

01:09:07.760 --> 01:09:10.400
 Is there anybody else with -- yep.

01:09:10.400 --> 01:09:11.400
 Mr. Pruitt.

01:09:11.400 --> 01:09:15.840
 >> Thank you, Chair.

01:09:15.840 --> 01:09:22.840
 Just a couple of factual questions so I'm not spewing.

01:09:22.840 --> 01:09:33.920
 Is there a legal problem to notice a public hearing if a motion to reconsider causes

01:09:33.920 --> 01:09:37.200
 that public hearing to not occur?

01:09:37.200 --> 01:09:47.000
 >> So we've had some jurisdictional conversation in this -- and, Hillary, feel free to add

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

01:09:51.880 --> 01:09:56.760
 we had this, is once the commission takes action on an item, you lose jurisdiction on

01:09:56.760 --> 01:09:59.120
 it because you've already made a decision.

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

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

01:10:10.060 --> 01:10:16.280
 of who's court is the ball in, right?

01:10:16.280 --> 01:10:19.680
 You know, who has the jurisdiction now to consider the item?

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

01:10:23.520 --> 01:10:26.280
 agenda, so it was clearly in the council's court.

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

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

01:10:39.660 --> 01:10:45.800
 that your jurisdiction or your ability to act on the item has now -- that window has

01:10:45.800 --> 01:10:46.800
 closed.

01:10:46.800 --> 01:10:50.800
 But, Hillary, any additional insight to add?

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?

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,

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

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?

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

01:11:24.040 --> 01:11:25.840
 have the original vote, and then it moves forward.

01:11:25.840 --> 01:11:27.760
 >> Right, because we have to re-notice.

01:11:27.760 --> 01:11:33.480
 And so I'm wondering whether if we have a shortened timeline to reconsider, whether

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

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

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.

01:11:47.680 --> 01:11:48.680
 Does that make sense?

01:11:48.680 --> 01:11:49.680
 >> Oh, yeah.

01:11:49.680 --> 01:11:55.220
 I think we won't be able to meet our notification requirements.

01:11:55.220 --> 01:11:59.760
 So because of when -- >> Because it's more than 12 days.

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

01:12:05.080 --> 01:12:06.760
 the Planning and Zoning Commission meeting.

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

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

01:12:17.520 --> 01:12:21.280
 two, be able to get our administrative tasks accomplished behind the scenes so we can get

01:12:21.280 --> 01:12:24.000
 that all taken care of.

01:12:24.000 --> 01:12:29.920
 Next amendments also require noticing to be published in the newspaper.

01:12:29.920 --> 01:12:32.360
 So we have lead time that we have to factor in on that.

01:12:32.360 --> 01:12:39.360
 So while I appreciate your creativity, we just can't meet the other legal obligations

01:12:39.360 --> 01:12:41.080
 that we have to address.

01:12:41.080 --> 01:12:42.080
 >> Okay.

01:12:42.080 --> 01:12:43.080
 Thank you.

01:12:43.080 --> 01:12:50.200
 >> But to your point, reconsideration, when an item is reconsidered, we -- when you vote

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

01:12:58.000 --> 01:13:02.680
 public notification process and meet the state statute requirements in order to put it back

01:13:02.680 --> 01:13:04.860
 on your agenda for action.

01:13:04.860 --> 01:13:09.320
 Because again, you've already taken a preceding action, so you've lost jurisdiction, so we

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

01:13:14.760 --> 01:13:15.760
 makes sense.

01:13:15.760 --> 01:13:16.760
 >> Yeah.

01:13:16.760 --> 01:13:17.760
 Thank you.

01:13:17.760 --> 01:13:19.920
 >> And that state statute is just -- we have no choice.

01:13:19.920 --> 01:13:20.920
 Mr. Cole.

01:13:20.920 --> 01:13:21.920
 >> Thank you, Chair.

01:13:21.920 --> 01:13:27.960
 Yeah, I was just going through my memory banks of six years and how many reconsiderations

01:13:27.960 --> 01:13:30.120
 we've had and I can only think of two.

01:13:30.120 --> 01:13:31.120
 >> Two.

01:13:31.120 --> 01:13:32.120
 In eight years.

01:13:32.120 --> 01:13:33.120
 >> Yeah.

01:13:33.120 --> 01:13:34.120
 Right?

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

01:13:40.520 --> 01:13:43.000
 it shouldn't just be a day and a half.

01:13:43.000 --> 01:13:44.000
 You know what I mean?

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

01:13:51.520 --> 01:13:55.440
 wouldn't have been done because it was after a day and a half.

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

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

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.

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

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

01:14:34.040 --> 01:14:37.200
 thing that we do.

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

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.

01:14:48.760 --> 01:14:49.760
 >> Okay.

01:14:49.760 --> 01:14:50.760
 We can definitely look into that.

01:14:50.760 --> 01:14:52.440
 That's the concurrence of the group, absolutely.

01:14:52.440 --> 01:14:54.240
 >> And then this -- you're bringing this back.

01:14:54.240 --> 01:14:58.360
 Is this something we would have to -- >> This is a code amendment, so --

01:14:58.360 --> 01:15:03.560
 >> So this would require public hearing, yeah, that's what I figured.

01:15:03.560 --> 01:15:04.560
 Okay.

01:15:04.560 --> 01:15:05.560
 Yeah.

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

01:15:11.080 --> 01:15:12.080
 --

01:15:12.080 --> 01:15:13.080
 >> Sure thing.

01:15:13.080 --> 01:15:14.080
 >> Well, I mean, I guess it would be -- it would be in the backup.

01:15:14.080 --> 01:15:15.080
 >> It will be in the backup material.

01:15:15.080 --> 01:15:16.080
 >> Yeah, sorry.

01:15:16.080 --> 01:15:17.080
 >> So it would be in your normal packet.

01:15:17.080 --> 01:15:18.080
 >> Yeah.

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

01:15:20.840 --> 01:15:23.360
 get you something in advance, we'll try.

01:15:23.360 --> 01:15:25.440
 >> Is that good direction?

01:15:25.440 --> 01:15:27.800
 Is that anything -- okay.

01:15:27.800 --> 01:15:30.880
 Kiesha, thank you.

01:15:30.880 --> 01:15:32.280
 Okay.

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

01:15:38.640 --> 01:15:46.120
 close to 630 as possible in Council Chambers.

01:15:46.120 --> 01:15:49.400
 >> Good evening, and welcome to the City of Denton's Planning and Zoning Commission meeting

01:15:49.400 --> 01:15:53.000
 for Wednesday, June 12, 2024.

01:15:53.000 --> 01:15:58.000
 With the quorum present, I will call us to order at 642 p.m.

01:15:58.000 --> 01:16:00.120
 Thank you for your patience.

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.

01:16:15.200 --> 01:16:32.260
 Thank you.

01:16:32.260 --> 01:16:37.960
 Our next item is to consider the approval of our Planning and Zoning minutes from May

01:16:37.960 --> 01:16:39.320
 29th.

01:16:39.320 --> 01:16:40.320
 Commissioner Villarreal.

01:16:40.320 --> 01:16:41.800
 >> Move approval.

01:16:41.800 --> 01:16:42.800
 >> Commissioner Thaggard.

01:16:42.800 --> 01:16:43.800
 >> Second.

01:16:43.800 --> 01:16:45.620
 >> Got a first and a second for approval.

01:16:45.620 --> 01:16:46.620
 Any discussion?

01:16:46.620 --> 01:16:47.620
 Okay.

01:16:47.620 --> 01:16:56.720
 Let's go ahead and vote on the board, please.

01:16:56.720 --> 01:16:58.200
 That motion carries 6-0.

01:16:58.200 --> 01:17:02.280
 That'll take us to our Consent Agenda this evening.

01:17:02.280 --> 01:17:03.280
 Commissioner Villarreal.

01:17:03.280 --> 01:17:04.680
 >> Move approval.

01:17:04.680 --> 01:17:05.680
 >> Commissioner Thaggard.

01:17:05.680 --> 01:17:06.680
 >> Second.

01:17:06.680 --> 01:17:10.400
 >> Got a first and a second for approval of the Consent Agenda discussion.

01:17:10.400 --> 01:17:18.860
 Let's vote, please.

01:17:18.860 --> 01:17:20.960
 That motion carries 6-0.

01:17:20.960 --> 01:17:24.860
 That will move us into our items for individual consideration.

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

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

01:17:38.960 --> 01:17:41.040
 to Corbin Road.

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.

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

01:17:50.840 --> 01:17:53.360
 be heard today.

01:17:53.360 --> 01:17:58.200
 So our first item for individual consideration is 4A, FP240011.

01:17:58.200 --> 01:18:01.600
 Angie is here for presentation.

01:18:01.600 --> 01:18:02.600
 Hi.

01:18:02.600 --> 01:18:06.120
 >> Good evening, Chair, members of the Commission.

01:18:06.120 --> 01:18:08.940
 Angie Mangleris, Development Review Manager.

01:18:08.940 --> 01:18:12.040
 This is FP240011B.

01:18:12.040 --> 01:18:14.400
 This is a final plan for Stella Hills Phase 1.

01:18:14.400 --> 01:18:19.640
 It is located just south of McKinney Street where McKinney Street and Laney Circle intersect.

01:18:19.640 --> 01:18:24.760
 There's approximately 177 single family lots and four open space lots.

01:18:24.760 --> 01:18:26.520
 The zoning is R6.

01:18:26.520 --> 01:18:29.480
 At the time the packet went out, they did not meet all the criteria for approval.

01:18:29.480 --> 01:18:33.240
 However, the plot does now satisfy all of our criteria and staff as recommending approval

01:18:33.240 --> 01:18:34.360
 of the plot as presented.

01:18:34.360 --> 01:18:36.000
 Happy to answer any questions.

01:18:36.000 --> 01:18:37.000
 >> Thank you, Angie.

01:18:37.000 --> 01:18:40.160
 >> Any questions for Angie?

01:18:40.160 --> 01:18:45.160
 Thank you.

01:18:45.160 --> 01:18:52.160
 Chair can entertain a motion or discussion at this time.

01:18:52.160 --> 01:18:56.440
 I will move approval of that item.

01:18:56.440 --> 01:18:57.440
 Vice Chair approve it.

01:18:57.440 --> 01:18:58.440
 >> Second.

01:18:58.440 --> 01:18:59.440
 >> Okay.

01:18:59.440 --> 01:19:00.440
 We've got a first and a second for approval.

01:19:00.440 --> 01:19:01.440
 Is there any discussion?

01:19:01.440 --> 01:19:02.440
 Okay.

01:19:02.440 --> 01:19:08.520
 Let's vote, please.

01:19:08.520 --> 01:19:10.400
 That motion carries 6-0.

01:19:10.400 --> 01:19:15.720
 That takes us to 4B, FP240020.

01:19:15.720 --> 01:19:17.120
 Bryce is here for that item.

01:19:17.120 --> 01:19:18.120
 Hello.

01:19:18.120 --> 01:19:21.440
 >> Good evening, Chair, members of the commission, Bryce Van Arsdale, Assistant Planner.

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

01:19:27.680 --> 01:19:30.820
 of Copper Canyon Road and Old Alton Road.

01:19:30.820 --> 01:19:34.360
 This plot will create one single lot, and while it does not meet our current criteria

01:19:34.360 --> 01:19:38.880
 for approval, staff has no objection to the requested extension date certain to a date

01:19:38.880 --> 01:19:40.720
 certain of June 26th, 2024.

01:19:40.720 --> 01:19:42.920
 I'll stand for any questions.

01:19:42.920 --> 01:19:43.920
 >> Thank you, Bryce.

01:19:43.920 --> 01:19:45.920
 I do not see any questions.

01:19:45.920 --> 01:19:47.280
 Appreciate it.

01:19:47.280 --> 01:19:48.280
 Commissioner Villarreal.

01:19:48.280 --> 01:19:53.840
 >> Move approval of the extension request to a date certain of June 26th, 2024.

01:19:53.840 --> 01:19:54.840
 >> Thank you.

01:19:54.840 --> 01:19:55.840
 Commissioner Thaggard?

01:19:55.840 --> 01:19:56.840
 >> Second.

01:19:56.840 --> 01:20:03.720
 >> Second to grant the extension request to a date certain of June 26th, 2024.

01:20:03.720 --> 01:20:04.720
 Any discussion?

01:20:04.720 --> 01:20:05.720
 Okay.

01:20:05.720 --> 01:20:14.000
 Let's go ahead and vote, please.

01:20:14.000 --> 01:20:17.160
 That motion carries 6-0.

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

01:20:21.680 --> 01:20:24.120
 him leave the dais.

01:20:24.120 --> 01:20:31.020
 And then Cameron is here for the first one of 4CFP240012.

01:20:31.020 --> 01:20:34.620
 >> Thank you, Chair and Commission, Cameron Robertson, principal planner.

01:20:34.620 --> 01:20:38.480
 This is a final plot for Hunter Ranch Phase 1A.

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

01:20:45.120 --> 01:20:46.800
 35 West.

01:20:46.800 --> 01:20:53.080
 It is to consist of 95 single-family residential lots as well as 10 HOA lots.

01:20:53.080 --> 01:20:57.440
 Staff is recommending denial at this time, but staff has no objection to the second extension

01:20:57.440 --> 01:21:03.600
 request date certain of June 26th, 2024, and I can stand for any questions.

01:21:03.600 --> 01:21:04.600
 >> Thank you.

01:21:04.600 --> 01:21:06.200
 I do not see any questions.

01:21:06.200 --> 01:21:07.200
 Commissioner Villarreal?

01:21:07.200 --> 01:21:11.320
 >> Move approval of the extension request to a date certain of June 26th, 2024.

01:21:11.320 --> 01:21:12.320
 >> Okay.

01:21:12.320 --> 01:21:13.320
 Thank you.

01:21:13.320 --> 01:21:14.320
 Commissioner Thaggard?

01:21:14.320 --> 01:21:15.320
 >> Second.

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

01:21:18.080 --> 01:21:21.640
 June 26th, 2024.

01:21:21.640 --> 01:21:32.800
 Seeing no discussion, let's vote, please.

01:21:32.800 --> 01:21:37.200
 That motion carries 5-0.

01:21:37.200 --> 01:21:43.600
 Next item is 4DFP240013.

01:21:43.600 --> 01:21:45.320
 >> Thank you so much, Chair and Commission.

01:21:45.320 --> 01:21:47.600
 This is for Hunter Ranch Phase 1B.

01:21:47.600 --> 01:21:53.480
 It's approximately 50-acre site, it would consist of 180 single-family residential lots

01:21:53.480 --> 01:21:55.640
 and 8 HOA lots.

01:21:55.640 --> 01:21:59.480
 Staff is recommending denial at this time, but staff has no objection to the second extension

01:21:59.480 --> 01:22:03.600
 request to a date certain of June 26th, 2024, and I can stand for any questions.

01:22:03.600 --> 01:22:05.640
 >> Thanks, Cameron.

01:22:05.640 --> 01:22:06.960
 I do not see any questions.

01:22:06.960 --> 01:22:08.440
 Thank you very much.

01:22:08.440 --> 01:22:09.440
 Commissioner Villarreal?

01:22:09.440 --> 01:22:13.880
 >> Move approval of the extension request to a date certain of June 26th, 2024.

01:22:13.880 --> 01:22:14.880
 >> Thank you.

01:22:14.880 --> 01:22:15.880
 Commissioner Perot?

01:22:15.880 --> 01:22:16.880
 >> Second.

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

01:22:20.160 --> 01:22:23.600
 of June 26th, 2024.

01:22:23.600 --> 01:22:32.800
 Let's go ahead and vote, please.

01:22:32.800 --> 01:22:34.280
 That motion carries 5-0.

01:22:34.280 --> 01:22:40.600
 That'll take us to 4EFP240014.

01:22:40.600 --> 01:22:41.600
 >> Thank you so much.

01:22:41.600 --> 01:22:44.120
 This is for our final plot for Hunter Ranch Phase 1C.

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

01:22:51.120 --> 01:22:52.240
 HOA lots.

01:22:52.240 --> 01:22:56.200
 Staff is recommending denial at this time, but staff has no objection to the second extension

01:22:56.200 --> 01:23:00.160
 request to a date certain of June 26th, 2024, and I can stand for any questions.

01:23:00.160 --> 01:23:01.160
 >> Thanks, Cameron.

01:23:01.160 --> 01:23:03.820
 I do not see any questions.

01:23:03.820 --> 01:23:04.820
 Thank you.

01:23:04.820 --> 01:23:05.820
 Commissioner Villarreal?

01:23:05.820 --> 01:23:10.440
 >> Move approval of the extension request to a date certain of June 26th, 2024.

01:23:10.440 --> 01:23:11.440
 >> Commissioner Thaggard?

01:23:11.440 --> 01:23:12.440
 >> Second.

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.

01:23:18.280 --> 01:23:26.000
 Let's go ahead and vote, please.

01:23:26.000 --> 01:23:27.760
 That motion carries 5-0.

01:23:27.760 --> 01:23:32.920
 That will take us to 4FFP240015.

01:23:32.920 --> 01:23:33.920
 >> Thank you.

01:23:33.920 --> 01:23:36.080
 This is a final plot for Hunter Ranch Phase 1D.

01:23:36.080 --> 01:23:37.960
 It's approximately 50-acre site.

01:23:37.960 --> 01:23:43.400
 I'm consisting of 185 single-family residential lots and 8 HOA lots.

01:23:43.400 --> 01:23:47.600
 Staff is recommending denial at this time, but staff has no objection to the second extension

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.

01:23:53.600 --> 01:23:54.600
 >> Thank you.

01:23:54.600 --> 01:24:01.860
 I do not see any -- thank you so much, Cameron.

01:24:01.860 --> 01:24:02.860
 Commissioner Villarreal?

01:24:02.860 --> 01:24:07.320
 >> Move approval of the extension request to a date certain of June 26th, 2024.

01:24:07.320 --> 01:24:08.320
 >> Thank you.

01:24:08.320 --> 01:24:09.320
 Commissioner Thaggard?

01:24:09.320 --> 01:24:10.320
 >> Second.

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

01:24:13.160 --> 01:24:16.840
 June 26th, 2024.

01:24:16.840 --> 01:24:24.240
 Let's go ahead and vote, please.

01:24:24.240 --> 01:24:26.880
 That motion carries 5-0.

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

01:24:34.120 --> 01:24:37.120
 as PD240005.

01:24:37.120 --> 01:24:41.560
 I'll open the public hearing, and Mia is here for presentation.

01:24:41.560 --> 01:24:50.080
 >> Good evening, Chair, members of the commission.

01:24:50.080 --> 01:24:56.760
 Mia Hines, senior planner, and this item is a PD24-0005.

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

01:25:03.760 --> 01:25:06.520
 PD with a light industrial-based zoning.

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

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

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

01:25:22.840 --> 01:25:24.680
 touches US380.

01:25:24.680 --> 01:25:27.440
 The request would establish a light industrial zoning.

01:25:27.440 --> 01:25:31.680
 It would require ESA compliance at zoning compliance plan review.

01:25:31.680 --> 01:25:36.060
 It would also require a 250-foot building setback from residential properties and Black

01:25:36.060 --> 01:25:37.060
 Road.

01:25:37.060 --> 01:25:42.960
 It would require a 50-foot wide landscape buffer from -- with 50 buffer points from

01:25:42.960 --> 01:25:46.200
 -- adjacent to the residential properties and Black Road.

01:25:46.200 --> 01:25:52.440
 It would also restrict truck traffic access onto Black Road from any driveways that are

01:25:52.440 --> 01:25:54.840
 proposed as a part of future developments.

01:25:54.840 --> 01:25:59.200
 It also would prohibit automotive fuel cells and major auto repair, and I do apologize,

01:25:59.200 --> 01:26:00.200
 there is one more.

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

01:26:05.200 --> 01:26:10.840
 75 feet that is allowed in our -- or currently permitted in our light industrial zoning district.

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

01:26:16.680 --> 01:26:20.080
 applicants to apply for an overlay PD and a standard PD.

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

01:26:24.480 --> 01:26:28.960
 or property owner has a more fleshed-out idea of their development.

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

01:26:34.280 --> 01:26:38.800
 of the property and be able to develop and come forward through our development processes

01:26:38.800 --> 01:26:40.680
 at a later time.

01:26:40.680 --> 01:26:44.160
 So this is an overlay PD as opposed to a standard PD.

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

01:26:47.960 --> 01:26:49.800
 those points here in a second.

01:26:49.800 --> 01:26:54.400
 Just highlights, the new PD would be -- is compliant with our criteria for approval.

01:26:54.400 --> 01:26:59.520
 It would be subject to the LI development standards of our current development code,

01:26:59.520 --> 01:27:04.960
 and as amended, it would require ESA compliance at zoning compliance plan, whereas we're most

01:27:04.960 --> 01:27:11.800
 usually flexible with that for -- sometimes it's deferred to CEPs or later in the process,

01:27:11.800 --> 01:27:16.080
 but this requires them to have those answers ahead of time.

01:27:16.080 --> 01:27:21.080
 The proposed PD builds in additional buffers to minimize adverse impacts on the surrounding

01:27:21.080 --> 01:27:22.640
 less intense uses.

01:27:22.640 --> 01:27:27.560
 Additionally, light industrial flume designation is intended to allow for development of light

01:27:27.560 --> 01:27:32.320
 manufacturing and assembling in warehouses on these tracks, and that is the future land

01:27:32.320 --> 01:27:34.440
 use designation on this property.

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

01:27:38.880 --> 01:27:44.080
 that map designation on this property, and this PD does take that into consideration.

01:27:44.080 --> 01:27:47.600
 Specifically in those areas, like I said, adjacent to the residential zoning district, and this

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

01:27:54.000 --> 01:27:59.840
 majority of the property with a low residential overlap along the fringes there, and again,

01:27:59.840 --> 01:28:06.160
 where the applicant is proposing those overlay buffers, that is within that area.

01:28:06.160 --> 01:28:12.280
 So the proposed PD development standards, like I said, include a minimum side yard setback

01:28:12.280 --> 01:28:16.720
 compared to the existing light industrial zoning district, where we would only require

01:28:16.720 --> 01:28:20.760
 a minimum five foot building setback under LI.

01:28:20.760 --> 01:28:25.800
 The proposed ... This development would ... Or any subsequent developments would have to respect

01:28:25.800 --> 01:28:32.720
 the 250 foot residential ... I'm sorry, building setback from those residential properties.

01:28:32.720 --> 01:28:38.400
 Additionally, as far as land use compatibility buffers, we do require in our current DDC

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

01:28:44.080 --> 01:28:48.800
 course increases that requirement to a minimum of 50 feet.

01:28:48.800 --> 01:28:54.480
 Again, ESA compliance plan review comes at the zoning compliance plan stage, and permitted

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

01:28:59.000 --> 01:29:03.240
 course permit all of those permitted uses that are listed in our table of allowed uses

01:29:03.240 --> 01:29:05.480
 under LI.

01:29:05.480 --> 01:29:12.520
 This overlay district does prohibit automotive fuel sales and major auto repair.

01:29:12.520 --> 01:29:17.820
 So those uses, whereas they would be allowed under regular LI, would not be allowed within

01:29:17.820 --> 01:29:21.880
 this portion of the PD.

01:29:21.880 --> 01:29:25.440
 Since it was discussed in work session, I did add the definition of those prohibited

01:29:25.440 --> 01:29:26.440
 uses.

01:29:26.440 --> 01:29:32.080
 Automotive repair major is an establishment engaged in providing major automotive repair

01:29:32.080 --> 01:29:37.360
 services such as engine and drive train repair, body work, mechanical services, and painting.

01:29:37.360 --> 01:29:42.440
 So when those items that are highlighted there, the engine, drive train, repair, body work,

01:29:42.440 --> 01:29:46.760
 mechanical servicing, and/or painting, when those come into the equation, it's considered

01:29:46.760 --> 01:29:48.920
 major auto repair.

01:29:48.920 --> 01:29:56.160
 As far as access and circulation, that stipulation is written there, and again, the purpose or

01:29:56.160 --> 01:30:02.920
 the intent behind this requirement or this addition to the PD is to restrict truck traffic

01:30:02.920 --> 01:30:07.280
 from Black Road given the existing residences, the existing condition of that road.

01:30:07.280 --> 01:30:12.400
 We felt that if that was possible, we could limit some potential conflicts in vehicular

01:30:12.400 --> 01:30:14.400
 traffic there.

01:30:14.400 --> 01:30:18.800
 We did perform public outreach per our development code.

01:30:18.800 --> 01:30:24.960
 We did receive two letters in opposition expressing concerns of drainage and land use compatibility.

01:30:24.960 --> 01:30:26.880
 Sorry about that.

01:30:26.880 --> 01:30:32.920
 That equates to just over 11% in opposition for those curious about the supermajority

01:30:32.920 --> 01:30:35.920
 requirement at council.

01:30:35.920 --> 01:30:41.840
 The applicant did perform a few neighborhood meetings which they are here and could potentially

01:30:41.840 --> 01:30:44.720
 speak to as well.

01:30:44.720 --> 01:30:48.800
 So with that, staff is recommending approval of this request as it complies with the criteria

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

01:30:54.480 --> 01:30:55.480
 time.

01:30:55.480 --> 01:30:56.480
 Thank you very much, Mia.

01:30:56.480 --> 01:30:58.520
 Anybody have any questions?

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,

01:31:04.120 --> 01:31:12.540
 which I like, but it talks about having signage on the property, like do not exit.

01:31:12.540 --> 01:31:15.240
 What about entering the driveway on Black?

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.

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?

01:31:29.640 --> 01:31:30.920
 So we could add that restriction.

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

01:31:35.740 --> 01:31:43.800
 be on this property, the goal was to try to permit -- prevent, rather, the truck traffic

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

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

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

01:31:58.360 --> 01:31:59.840
 would already be on Black Road.

01:31:59.840 --> 01:32:00.840
 That's true.

01:32:00.840 --> 01:32:01.840
 Yeah.

01:32:01.840 --> 01:32:02.840
 I'm not sure the best way to do that.

01:32:02.840 --> 01:32:03.840
 Okay.

01:32:03.840 --> 01:32:04.840
 That's just my brain working.

01:32:04.840 --> 01:32:05.840
 Go ahead, Tina.

01:32:05.840 --> 01:32:06.840
 Yeah.

01:32:06.840 --> 01:32:07.840
 Thank you.

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

01:32:12.080 --> 01:32:15.880
 -- between the Planning and Zoning Commission meeting, if you were to approve this this evening

01:32:15.880 --> 01:32:20.880
 or recommend approval, excuse me, between now and when it goes to council next week,

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

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.

01:32:32.320 --> 01:32:34.320
 If not, you know, just tell us.

01:32:34.320 --> 01:32:36.320
 With just, like, signage, you mean?

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

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

01:32:45.560 --> 01:32:50.880
 to look at whether or not prohibiting -- in order for us to prevent trucks from entering

01:32:50.880 --> 01:32:51.880
 the site.

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

01:32:55.040 --> 01:32:56.440
 already on Black Road, right?

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

01:33:03.480 --> 01:33:04.480
 the commission's desire is.

01:33:04.480 --> 01:33:05.480
 I keep thinking about that.

01:33:05.480 --> 01:33:06.480
 Okay.

01:33:06.480 --> 01:33:07.480
 And thank you, Tina.

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.

01:33:09.360 --> 01:33:13.520
 It will be on City Council agenda or plans for City Council agenda next week.

01:33:13.520 --> 01:33:14.520
 Okay.

01:33:14.520 --> 01:33:15.520
 Thank you for that.

01:33:15.520 --> 01:33:16.520
 Okay.

01:33:16.520 --> 01:33:18.280
 Appreciate it.

01:33:18.280 --> 01:33:19.280
 This is a public hearing.

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.

01:33:23.920 --> 01:33:26.960
 I will invite her up to speak.

01:33:26.960 --> 01:33:27.960
 Hello.

01:33:27.960 --> 01:33:28.960
 Hello.

01:33:28.960 --> 01:33:29.960
 Thank you.

01:33:29.960 --> 01:33:30.960
 Thank you, Mia.

01:33:30.960 --> 01:33:34.600
 Good evening, Commissioners and Chair Ellis.

01:33:34.600 --> 01:33:37.360
 I appreciate the opportunity to be in front of you this evening.

01:33:37.360 --> 01:33:40.480
 If I can get my slides to work, that would be great.

01:33:40.480 --> 01:33:41.480
 There we go.

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

01:33:46.480 --> 01:33:49.120
 some of those questions in my presentation tonight.

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,

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.

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.

01:34:08.400 --> 01:34:12.520
 Martin, who own this property today, have owned it for nearly 40 years now.

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

01:34:18.500 --> 01:34:25.200
 number of problems with the site, with the number of utilities that bisect the site.

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

01:34:32.500 --> 01:34:39.760
 to where the suitability for residential has not improved during their time of ownership.

01:34:39.760 --> 01:34:41.200
 And just thought I would share that.

01:34:41.200 --> 01:34:47.360
 So this is the entire property you can see here, a portion of the property.

01:34:47.360 --> 01:34:49.040
 This is the zoning map today.

01:34:49.040 --> 01:34:53.000
 The northwest portion of the property was actually rezoned in 2021, some of you may

01:34:53.000 --> 01:34:59.440
 remember that, to facilitate a project that ultimately did not materialize.

01:34:59.440 --> 01:35:04.560
 The current property owners, Mr. Walker and Mr. Martin, are seeking to market the property

01:35:04.560 --> 01:35:05.760
 for sale.

01:35:05.760 --> 01:35:12.640
 They've had multiple developers interested since 2021, but just the number of challenges

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

01:35:19.160 --> 01:35:23.160
 out an attempt to rezone it ahead of a sale.

01:35:23.160 --> 01:35:28.680
 The site does include electric transmission lines, an Atmos gas pipeline, and is adjacent

01:35:28.680 --> 01:35:34.080
 to a substation, which are some of the challenges associated with it.

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

01:35:39.960 --> 01:35:45.920
 are attempting to be respectful of the adjacency of low residential as well.

01:35:45.920 --> 01:35:49.640
 The initial conditions that we proposed when we submitted the zoning application were an

01:35:49.640 --> 01:35:55.160
 increased building setback along the eastern property line specifically, and then the ESA

01:35:55.160 --> 01:35:57.600
 field assessment requirement.

01:35:57.600 --> 01:36:00.600
 We then went into neighborhood engagement.

01:36:00.600 --> 01:36:06.120
 We held two virtual meetings in May, and the neighbors indicated that they wanted to meet

01:36:06.120 --> 01:36:10.140
 amongst themselves, and many of them are here tonight, which I very much appreciate.

01:36:10.140 --> 01:36:13.080
 They've been a pleasure to work with.

01:36:13.080 --> 01:36:17.320
 And then they followed up with us and asked for some additional conversation.

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

01:36:21.800 --> 01:36:23.600
 to issues on Black Road.

01:36:23.600 --> 01:36:28.840
 And then I had an additional discussion last night with a neighborhood representative making

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

01:36:33.940 --> 01:36:38.680
 addressed within the conditions today, and some that you could potentially put additional

01:36:38.680 --> 01:36:41.600
 conditions on tonight.

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

01:36:46.340 --> 01:36:47.340
 with.

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

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

01:36:54.640 --> 01:36:57.640
 owners in the area.

01:36:57.640 --> 01:37:05.040
 So the neighborhood requests and the additional conditions that we've agreed to, as Mia mentioned,

01:37:05.040 --> 01:37:11.880
 now the setback and the landscape buffer encompass the entire area highlighted in yellow here.

01:37:11.880 --> 01:37:16.440
 We've reduced the maximum building height from 75 feet to 55 feet.

01:37:16.440 --> 01:37:18.360
 We had originally agreed to 60 feet.

01:37:18.360 --> 01:37:20.220
 The neighborhood was asking for 50.

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,

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

01:37:37.200 --> 01:37:41.700
 of meet in the middle and still not limit potential developers.

01:37:41.700 --> 01:37:45.960
 We have also agreed to restrict Black Road to no truck traffic and employee entrance

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.

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

01:37:56.920 --> 01:38:02.440
 wanted truck traffic to go into a particular location and not others, and depending on

01:38:02.440 --> 01:38:07.720
 the developer, they can certainly configure the site to discourage that.

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

01:38:10.840 --> 01:38:15.780
 more difficult, that helps with that, but I agree that a conversation with transportation

01:38:15.780 --> 01:38:19.280
 would be helpful between now and when we go to city council.

01:38:19.280 --> 01:38:23.600
 We have agreed to prohibit major auto repair and fueling stations.

01:38:23.600 --> 01:38:28.400
 I did listen to the work session, and there were some conversations about some additional

01:38:28.400 --> 01:38:34.460
 prohibitions, and so I want to cover those options as well this evening.

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

01:38:38.400 --> 01:38:42.280
 neighbors that we are not opposed to, but might be a little challenging from a wording

01:38:42.280 --> 01:38:44.800
 standpoint in the zoning ordinance.

01:38:44.800 --> 01:38:51.800
 The neighbors prefer to have a 25-foot wide natural buffer area from their property where

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

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.

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.

01:39:08.120 --> 01:39:13.960
 I did speak with the neighbor about how that may create some vermin-type situations or

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

01:39:16.920 --> 01:39:22.440
 maintained well, and their preference was that that's how it is today, and they would

01:39:22.440 --> 01:39:26.040
 like for it to stay that way because it's a natural buffer.

01:39:26.040 --> 01:39:34.200
 We've also heard considerable conversation about a drainage, and specifically there is

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

01:39:42.240 --> 01:39:46.160
 not a whole lot we can do from a zoning standpoint to address drainage.

01:39:46.160 --> 01:39:52.840
 I think it's well addressed in the design criteria manual for drainage design in that

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

01:39:58.280 --> 01:40:01.000
 water quality volume as well.

01:40:01.000 --> 01:40:08.760
 However, there are some existing drainage issues across Black Road draining to the south,

01:40:08.760 --> 01:40:12.460
 and there's some concerns about contamination of water runoff.

01:40:12.460 --> 01:40:15.320
 I just want to acknowledge those here in front of you all today.

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

01:40:21.160 --> 01:40:26.920
 property does develop, and hopefully we would be involved with that developer at that time

01:40:26.920 --> 01:40:31.760
 and can help encourage them to work with the neighbors to solve some of those issues.

01:40:31.760 --> 01:40:37.640
 There's also concern about landscaping being irrigated and maintained, and we've covered

01:40:37.640 --> 01:40:44.040
 the requirement that the landscape buffer would require irrigation and that any landscaping

01:40:44.040 --> 01:40:50.800
 that did not survive within the first couple of years would be required to be replaced.

01:40:50.800 --> 01:40:57.000
 As it relates to allowable land uses, these are the industrial category allowable land

01:40:57.000 --> 01:41:00.480
 uses that would be permitted under LI.

01:41:00.480 --> 01:41:03.880
 Just the highlighted ones are the only ones that are permitted by right.

01:41:03.880 --> 01:41:08.800
 Those that have an S beside them would require a specific use permit, which would require

01:41:08.800 --> 01:41:11.100
 us to come back before you again.

01:41:11.100 --> 01:41:15.040
 Those with an X are not permitted in light industrial.

01:41:15.040 --> 01:41:18.520
 I personally don't see anything on this list that would be objectionable.

01:41:18.520 --> 01:41:23.000
 However, if any of you do, we are open to discussion on those.

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

01:41:27.880 --> 01:41:35.880
 the vehicle related uses that are highlighted here, auto wash, fuel sales, auto repair shop,

01:41:35.880 --> 01:41:37.560
 minor and major.

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

01:41:44.880 --> 01:41:53.640
 a few others here that you may want to point out or seek further prohibitions on.

01:41:53.640 --> 01:41:57.360
 My client is open to any of those.

01:41:57.360 --> 01:42:04.720
 He's basically seeking true light industrial warehousing uses on this site.

01:42:04.720 --> 01:42:05.720
 That concludes my presentation.

01:42:05.720 --> 01:42:08.080
 I'm happy to answer any questions that you have.

01:42:08.080 --> 01:42:09.080
 Thank you.

01:42:09.080 --> 01:42:10.920
 Thank you very much.

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.

01:42:15.920 --> 01:42:16.920
 Vice Chair Perot.

01:42:16.920 --> 01:42:17.920
 Thank you, Chair.

01:42:17.920 --> 01:42:19.920
 Just a couple of things.

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

01:42:30.640 --> 01:42:37.640
 barrier and then the further 25 feet being where the buffer points are spent essentially

01:42:37.640 --> 01:42:45.960
 to create the natural buffer or the landscape buffer.

01:42:45.960 --> 01:42:52.120
 Is there a considerable rise or fall from the adjacent properties inland or inward to

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

01:43:02.400 --> 01:43:04.600
 than further away?

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.

01:43:13.920 --> 01:43:16.680
 Anything falls to the southeast.

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

01:43:22.080 --> 01:43:23.080
 buffer.

01:43:23.080 --> 01:43:24.080
 Okay.

01:43:24.080 --> 01:43:30.440
 Then secondly, I appreciate you looking into the typical heights of developments and that

01:43:30.440 --> 01:43:31.440
 sort of thing.

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

01:43:40.920 --> 01:43:44.200
 large building construction.

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

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

01:43:57.240 --> 01:43:59.280
 tall and wide, right?

01:43:59.280 --> 01:44:06.500
 There's some places there that are more than 1,000 feet from the adjacent properties.

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

01:44:14.400 --> 01:44:22.880
 to move closer to the adjacent residential sites if allowing 65 feet or something else,

01:44:22.880 --> 01:44:28.360
 if it made more sense from a construction dollars perspective on the northern and western

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

01:44:35.800 --> 01:44:36.800
 possible.

01:44:36.800 --> 01:44:37.800
 Does that make sense?

01:44:37.800 --> 01:44:38.800
 Sure.

01:44:38.800 --> 01:44:40.080
 I'll do my best to address that question.

01:44:40.080 --> 01:44:45.520
 The height that we arrived at, 55 feet, is really driven by clearance heights for the

01:44:45.520 --> 01:44:49.160
 various uses that warehouses typically have.

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,

01:44:54.160 --> 01:45:00.120
 open span areas for storage and maneuvering of equipment inside the building.

01:45:00.120 --> 01:45:02.600
 That's really where the 55 feet came from.

01:45:02.600 --> 01:45:08.280
 I don't know that there's a direct correlation between square footage versus height.

01:45:08.280 --> 01:45:13.460
 It's more about what's functioning in the building and how much clearance span they

01:45:13.460 --> 01:45:20.000
 need to be able to maneuver inside the building and in and out of the building.

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

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.

01:45:36.080 --> 01:45:37.080
 Okay.

01:45:37.080 --> 01:45:38.080
 Thanks.

01:45:38.080 --> 01:45:39.080
 That does help.

01:45:39.080 --> 01:45:40.080
 Thank you.

01:45:40.080 --> 01:45:41.080
 Thank you.

01:45:41.080 --> 01:45:42.080
 Any other questions at the moment?

01:45:42.080 --> 01:45:43.080
 Thank you very much.

01:45:43.080 --> 01:45:44.080
 Thank you.

01:45:44.080 --> 01:45:45.080
 Appreciate it.

01:45:45.080 --> 01:45:48.640
 I don't have any cards in front of me, but this is a public hearing.

01:45:48.640 --> 01:45:51.680
 Is there anyone wishing to come speak on this item?

01:45:51.680 --> 01:46:01.800
 Yep, come on down.

01:46:01.800 --> 01:46:04.480
 If you will state your name and address, your time will begin.

01:46:04.480 --> 01:46:05.960
 Yes, I'm Debbie Brooks.

01:46:05.960 --> 01:46:09.680
 I live at 5585 Black Road.

01:46:09.680 --> 01:46:12.560
 My concern is about the barrier structure.

01:46:12.560 --> 01:46:21.360
 It needs to be substantial enough to last years, decades, five, 10 decades, because

01:46:21.360 --> 01:46:26.240
 the sum of structures as we know, they look substantial initially, and yet they deteriorate

01:46:26.240 --> 01:46:27.240
 in attrition.

01:46:27.240 --> 01:46:31.120
 It looks horrible after just a few years.

01:46:31.120 --> 01:46:37.160
 So if that can be addressed about the quality and the sustainability of that barrier, I

01:46:37.160 --> 01:46:38.520
 would appreciate it.

01:46:38.520 --> 01:46:39.800
 Thank you.

01:46:39.800 --> 01:46:40.800
 Let me ask you a question.

01:46:40.800 --> 01:46:41.800
 Yes.

01:46:41.800 --> 01:46:42.800
 If I could, please.

01:46:42.800 --> 01:46:44.600
 You're talking about the buffering, like that 250 foot buffer.

01:46:44.600 --> 01:46:45.600
 Is that what you're referring to?

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.

01:46:50.280 --> 01:46:52.960
 In what Ms. Bissett just presented.

01:46:52.960 --> 01:46:56.760
 Yes, so that barrier, a physical barrier is my understanding.

01:46:56.760 --> 01:46:58.480
 Is that yours as well?

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

01:47:03.640 --> 01:47:04.640
 us.

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.

01:47:08.720 --> 01:47:10.320
 Thank you for sharing your concerns.

01:47:10.320 --> 01:47:11.920
 Appreciate it.

01:47:11.920 --> 01:47:15.780
 Is there anyone else wishing to speak on this item?

01:47:15.780 --> 01:47:23.400
 Come on down, if you'll state your name and address, your time will begin.

01:47:23.400 --> 01:47:24.400
 Thank you.

01:47:24.400 --> 01:47:25.400
 Jonathan Brooks.

01:47:25.400 --> 01:47:28.760
 I'm at 5579 Black Road.

01:47:28.760 --> 01:47:32.760
 There were several things that I discussed with Amy about the property.

01:47:32.760 --> 01:47:35.120
 It seems that most of those have been addressed here.

01:47:35.120 --> 01:47:39.120
 I'm happy with what she came up with.

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

01:47:44.360 --> 01:47:45.360
 me.

01:47:45.360 --> 01:47:46.360
 There's a concern about drainage.

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.

01:47:49.400 --> 01:47:57.080
 And it seems as though the natural drainage will drain off the southwest of the property

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.

01:48:08.640 --> 01:48:10.600
 How is draining addressed?

01:48:10.600 --> 01:48:12.800
 That's the first question when it comes to planning and zoning.

01:48:12.800 --> 01:48:16.520
 If anybody could fill me in on how that will be addressed as a whole.

01:48:16.520 --> 01:48:19.920
 And then the only other question I had was on the ESA itself.

01:48:19.920 --> 01:48:28.160
 What are the regulatory bodies who will make sure that that ESA doesn't get polluted?

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

01:48:33.520 --> 01:48:34.520
 our properties.

01:48:34.520 --> 01:48:37.720
 Those are the only two that I had, at least right now.

01:48:37.720 --> 01:48:42.200
 Thank you very much for sharing your concerns.

01:48:42.200 --> 01:48:50.520
 I might ask Mia to come up, just so those questions is fresh in the mind.

01:48:50.520 --> 01:48:54.560
 Can you address either of those concerns publicly for us, please?

01:48:54.560 --> 01:48:58.920
 So drainage review will be done when we review their civil engineering plans.

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

01:49:03.960 --> 01:49:10.200
 state law, which I think Amy stated, prohibits properties from creating a drainage flow that

01:49:10.200 --> 01:49:16.160
 is, or a rate that is greater than what was existing with any development.

01:49:16.160 --> 01:49:20.320
 And then as far as the ESA review, that is, again, another review that staff does.

01:49:20.320 --> 01:49:25.780
 The alternative ESA plans do come before this body, if it comes to that.

01:49:25.780 --> 01:49:32.960
 But ESA compliance is a staff review, and I don't know...

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

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.

01:49:48.640 --> 01:49:49.640
 We have one...

01:49:49.640 --> 01:49:50.640
 Christy is here.

01:49:50.640 --> 01:49:51.640
 Excellent.

01:49:51.640 --> 01:49:52.640
 Awesome.

01:49:52.640 --> 01:49:53.640
 Yeah.

01:49:53.640 --> 01:49:54.640
 Awesome.

01:49:54.640 --> 01:49:55.640
 Hello, Christy.

01:49:55.640 --> 01:49:58.440
 Hi, Christy Upton, environmental compliance coordinator, and I am the main staff who reviews

01:49:58.440 --> 01:50:05.120
 environmentally sensitive areas when there is a property where there's environmentally

01:50:05.120 --> 01:50:09.880
 sensitive areas, I'm heavily involved in that process.

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

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

01:50:24.640 --> 01:50:28.360
 side of the waterway itself.

01:50:28.360 --> 01:50:36.440
 The regulatory protection is just focused on the vegetation and is not a part of drainage

01:50:36.440 --> 01:50:38.540
 and drainage control.

01:50:38.540 --> 01:50:45.960
 So that distinction needs to be in the minds of the reviewers and the applicant.

01:50:45.960 --> 01:50:53.040
 And then in addition to that, any drainage issues should be addressed through the civil

01:50:53.040 --> 01:50:56.120
 plans or through drainage reviews.

01:50:56.120 --> 01:50:57.120
 Okay.

01:50:57.120 --> 01:50:58.120
 Thank you.

01:50:58.120 --> 01:50:59.120
 That does help.

01:50:59.120 --> 01:51:00.120
 I appreciate it, Christy.

01:51:00.120 --> 01:51:01.120
 Thank you.

01:51:01.120 --> 01:51:02.120
 Okay.

01:51:02.120 --> 01:51:03.480
 This is a public hearing.

01:51:03.480 --> 01:51:05.840
 Is there anyone else wishing to come and speak?

01:51:05.840 --> 01:51:11.200
 Who has not?

01:51:11.200 --> 01:51:12.200
 Hello there.

01:51:12.200 --> 01:51:13.200
 Hi.

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.

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,

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

01:51:34.400 --> 01:51:36.280
 rest of my neighborhood.

01:51:36.280 --> 01:51:43.880
 So I have serious concerns about drainage off that land, into that creek, into my property,

01:51:43.880 --> 01:51:46.600
 and through the rest of my neighborhood.

01:51:46.600 --> 01:51:49.360
 I think she briefly mentioned a detention pond.

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

01:51:53.480 --> 01:51:54.480
 is going to be enough.

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

01:52:01.320 --> 01:52:06.360
 would be done after a decision was made on what type of structure would be built.

01:52:06.360 --> 01:52:10.200
 I think a study needs to be done now.

01:52:10.200 --> 01:52:15.800
 There's serious drainage concerns into that creek, into that ESA currently.

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

01:52:21.360 --> 01:52:26.240
 of the issues of that creek and the drainage from that property.

01:52:26.240 --> 01:52:30.600
 They've talked about the drainage being southwest or south towards Blag, but a good portion

01:52:30.600 --> 01:52:37.680
 of this newly rezoned proposed land drains eastward towards that creek.

01:52:37.680 --> 01:52:42.320
 So any significant structure that gets built there is going to cause significant drainage

01:52:42.320 --> 01:52:45.720
 into that creek, which already floods.

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

01:52:50.000 --> 01:52:52.520
 portion of that property is my property.

01:52:52.520 --> 01:52:56.560
 And so I have serious concerns if anything gets built there, and no study being done

01:52:56.560 --> 01:53:01.160
 until after a decision has been made of what's being built there.

01:53:01.160 --> 01:53:02.160
 That's a serious problem.

01:53:02.160 --> 01:53:04.800
 And I don't know if a detention pond is enough.

01:53:04.800 --> 01:53:09.040
 I think a retention pond at the minimum has to be built.

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

01:53:12.720 --> 01:53:15.600
 structure is going to be built there.

01:53:15.600 --> 01:53:24.680
 So I'd like that to be seriously considered by this committee before anything's decided.

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.

01:53:30.820 --> 01:53:33.360
 I'm not sure how familiar you guys are with Blag Road.

01:53:33.360 --> 01:53:36.200
 It's a narrow two-lane road currently.

01:53:36.200 --> 01:53:41.420
 It cannot support any kind of trucks driving on that currently.

01:53:41.420 --> 01:53:45.840
 You get driven off the road if any significant vehicle comes down that road the opposite

01:53:45.840 --> 01:53:46.840
 direction.

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.

01:53:50.680 --> 01:53:59.520
 I mean, even if you're preventing entrance or exit from that property onto Blag, they

01:53:59.520 --> 01:54:03.280
 can still exit via Geesling and get to Blag.

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

01:54:10.040 --> 01:54:14.280
 way you can get out of there is to go east on 380.

01:54:14.280 --> 01:54:19.160
 What's the proposed solution for any truck wanting to go the other direction?

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.

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

01:54:29.360 --> 01:54:30.520
 this.

01:54:30.520 --> 01:54:35.280
 That's a significant issue that needs to be addressed before anything is built, before

01:54:35.280 --> 01:54:38.240
 zoning is changed.

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

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

01:54:49.520 --> 01:54:55.160
 of rezoning that piece of property at this point in time.

01:54:55.160 --> 01:54:58.160
 Any questions for me?

01:54:58.160 --> 01:55:03.880
 I do not see any, but thank you for sharing your concern.

01:55:03.880 --> 01:55:07.000
 When will anything be addressed about that ESA, because it's been brought up a number

01:55:07.000 --> 01:55:13.400
 of times, but nothing's been said about what would be addressed.

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

01:55:17.440 --> 01:55:24.720
 than that, the tree canopy, so I would like that to not be disturbed at all.

01:55:24.720 --> 01:55:25.720
 Is that my time?

01:55:25.720 --> 01:55:26.720
 It is.

01:55:26.720 --> 01:55:27.720
 Thank you very much.

01:55:27.720 --> 01:55:28.720
 Appreciate it.

01:55:28.720 --> 01:55:31.600
 All right.

01:55:31.600 --> 01:55:37.360
 This is a public hearing, come on down.

01:55:37.360 --> 01:55:39.680
 Good evening.

01:55:39.680 --> 01:55:41.520
 My name is Cynthia Porter.

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.

01:55:47.800 --> 01:55:53.760
 I ask for your consideration to protect the interests of my family and our neighbors.

01:55:53.760 --> 01:55:54.760
 I love Denton.

01:55:54.760 --> 01:56:00.200
 I've earned two degrees at the University of North Texas, bachelor's in education and

01:56:00.200 --> 01:56:01.960
 educational administration.

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

01:56:09.880 --> 01:56:17.480
 administrator, so I understand how difficult it is to be in your position to make decisions.

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

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

01:56:26.880 --> 01:56:34.080
 wrong thing, the right thing, no matter how difficult that it was, putting the kids first.

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

01:56:40.160 --> 01:56:46.200
 our neighbors first above businesses that haven't even developed an ownership and plans

01:56:46.200 --> 01:56:55.640
 that haven't even come to fruition after decades, decades of being a residentially zoned area.

01:56:55.640 --> 01:57:00.200
 We purchased our home in March of 2007.

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

01:57:04.920 --> 01:57:09.280
 that property.

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.

01:57:14.400 --> 01:57:18.020
 We are vested citizens in this community.

01:57:18.020 --> 01:57:26.480
 We may not be business owners, but we pay our taxes and we love our neighborhood.

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.

01:57:30.860 --> 01:57:36.720
 As you look at a map, the smallest acreage in that neighborhood is three acres.

01:57:36.720 --> 01:57:39.380
 We're on the outskirts of Denton.

01:57:39.380 --> 01:57:47.360
 We chose to live in a nice community where we had space, we had breathing room.

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

01:57:51.520 --> 01:57:53.720
 10 years.

01:57:53.720 --> 01:57:54.920
 They're newer homes.

01:57:54.920 --> 01:58:00.920
 People have invested themselves into coming and living and being a part of this area and

01:58:00.920 --> 01:58:05.080
 to have a little breathing space and a little breathing room.

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

01:58:09.720 --> 01:58:13.700
 never driven the neighborhood, it is very unique.

01:58:13.700 --> 01:58:15.640
 There are no cookie cutter homes.

01:58:15.640 --> 01:58:16.640
 They're all custom.

01:58:16.640 --> 01:58:17.640
 They're all different.

01:58:17.640 --> 01:58:19.180
 There's no comps.

01:58:19.180 --> 01:58:23.800
 Real estate experts will tell you there's no comps for my home in the area.

01:58:23.800 --> 01:58:26.820
 It's different and it's special.

01:58:26.820 --> 01:58:33.640
 I love looking out my back patio onto this adjacent property that is currently trees

01:58:33.640 --> 01:58:40.340
 and canopies and have lots of wildlife, wild boars, deer, coyotes, all that comes with

01:58:40.340 --> 01:58:42.460
 that.

01:58:42.460 --> 01:58:48.400
 Why would we move our families and invest in this area that has been residentially zoned

01:58:48.400 --> 01:58:54.720
 for decades to have it now be changed to light industrial?

01:58:54.720 --> 01:58:57.760
 We've invested our time and our family.

01:58:57.760 --> 01:59:07.160
 I understand the staff analysts, they have all of the electrical work, the gas pipelines.

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.

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

01:59:18.840 --> 01:59:20.440
 water, my well system.

01:59:20.440 --> 01:59:23.280
 We're all on well water out there.

01:59:23.280 --> 01:59:25.640
 That's not our burden to bear.

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

01:59:29.480 --> 01:59:35.320
 make them all unanimous zoning because some are light industrial and some are residential.

01:59:35.320 --> 01:59:37.280
 That's not my burden to bear.

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.

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,

01:59:48.240 --> 01:59:49.240
 million dollars.

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

01:59:56.360 --> 01:59:59.980
 in our own families and the being good community citizens.

01:59:59.980 --> 02:00:00.980
 Thank you.

02:00:00.980 --> 02:00:01.980
 Thank you.

02:00:01.980 --> 02:00:02.980
 Appreciate it.

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

02:00:10.680 --> 02:00:11.680
 speaker.

02:00:11.680 --> 02:00:12.680
 Did you have something to add?

02:00:12.680 --> 02:00:13.680
 Yeah.

02:00:13.680 --> 02:00:14.680
 I had a late question for the previous speaker.

02:00:14.680 --> 02:00:15.680
 Okay.

02:00:15.680 --> 02:00:16.680
 If it's possible for them to come back.

02:00:16.680 --> 02:00:17.680
 Of course.

02:00:17.680 --> 02:00:18.680
 Yes.

02:00:18.680 --> 02:00:19.680
 Yes.

02:00:19.680 --> 02:00:22.680
 Yes, please.

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

02:00:28.480 --> 02:00:30.800
 about.

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

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

02:00:44.360 --> 02:00:52.040
 thing is limited for the reasons of maintaining the natural order of that ESA buffer.

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

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

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

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

02:01:22.680 --> 02:01:26.400
 flexibility to provide a buffer visually there.

02:01:26.400 --> 02:01:27.400
 Does that make sense?

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

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

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.

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

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

02:02:08.400 --> 02:02:14.600
 the drainage and anything that comes towards that creek.

02:02:14.600 --> 02:02:16.800
 Amy had mentioned a detention pond.

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

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,

02:02:27.360 --> 02:02:34.040
 how much drainage, what direction the drainage, nobody knows where and how large that would

02:02:34.040 --> 02:02:35.760
 be, right?

02:02:35.760 --> 02:02:36.800
 I don't even know if it's enough.

02:02:36.800 --> 02:02:43.440
 Like I mentioned, I think a retention pond would probably be more appropriate, but I

02:02:43.440 --> 02:02:44.440
 don't even know that.

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

02:02:49.540 --> 02:02:52.000
 a study and understand that prior to.

02:02:52.000 --> 02:02:53.000
 Thank you.

02:02:53.000 --> 02:02:54.000
 Yeah.

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

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

02:03:05.320 --> 02:03:08.200
 be better to obscure that view.

02:03:08.200 --> 02:03:09.200
 Okay.

02:03:09.200 --> 02:03:10.200
 Thank you.

02:03:10.200 --> 02:03:11.200
 Thank you very much.

02:03:11.200 --> 02:03:12.200
 Okay.

02:03:12.200 --> 02:03:13.200
 This is a public hearing.

02:03:13.200 --> 02:03:22.480
 Is there anyone else wishing to speak who has not already?

02:03:22.480 --> 02:03:25.480
 Hello.

02:03:25.480 --> 02:03:26.480
 Hi.

02:03:26.480 --> 02:03:27.480
 Do I need to state my name again?

02:03:27.480 --> 02:03:28.480
 You do.

02:03:28.480 --> 02:03:29.480
 All right.

02:03:29.480 --> 02:03:30.480
 I'm Deborah Brooks.

02:03:30.480 --> 02:03:31.480
 I live at 5585 Black Brook.

02:03:31.480 --> 02:03:32.840
 And you did speak once, right?

02:03:32.840 --> 02:03:33.840
 Yes.

02:03:33.840 --> 02:03:34.840
 Okay.

02:03:34.840 --> 02:03:35.840
 May I speak twice?

02:03:35.840 --> 02:03:38.440
 I was under four minutes.

02:03:38.440 --> 02:03:40.640
 I will go ahead and let you have the floor for ...

02:03:40.640 --> 02:03:41.640
 Thank you.

02:03:41.640 --> 02:03:42.640
 Yes.

02:03:42.640 --> 02:03:43.640
 Thank you.

02:03:43.640 --> 02:03:44.640
 Just cross my mind as we were sitting here.

02:03:44.640 --> 02:03:48.040
 You know how sometimes light industrial areas or industrial areas do have these lights that

02:03:48.040 --> 02:03:52.760
 just glow like something from outer space.

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

02:04:00.600 --> 02:04:03.280
 it's more pleasant in our neighborhood.

02:04:03.280 --> 02:04:07.160
 That's all I have to say.

02:04:07.160 --> 02:04:08.160
 Commissioner Thacker.

02:04:08.160 --> 02:04:09.160
 Thank you, Chair.

02:04:09.160 --> 02:04:10.160
 Quick question.

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

02:04:15.520 --> 02:04:19.840
 in your community and coming and speaking for your area.

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

02:04:27.160 --> 02:04:28.160
 are at.

02:04:28.160 --> 02:04:32.560
 And it looks like there's already some industrial areas that are established there.

02:04:32.560 --> 02:04:39.760
 And in addition, speaking to the lighting, those electric units, are those not already

02:04:39.760 --> 02:04:41.520
 highly lit at night?

02:04:41.520 --> 02:04:44.480
 Are you talking about the electric area?

02:04:44.480 --> 02:04:45.480
 Yeah.

02:04:45.480 --> 02:04:46.480
 The grids there?

02:04:46.480 --> 02:04:47.480
 Yes.

02:04:47.480 --> 02:04:53.600
 And they were quite invasive, and I believe, Johnna, called the city or whoever it is,

02:04:53.600 --> 02:04:54.600
 is in charge of those.

02:04:54.600 --> 02:04:56.560
 And they asked them to redirect those lights.

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

02:05:03.240 --> 02:05:11.680
 poles, that it's just illuminated tremendously at 24/7.

02:05:11.680 --> 02:05:18.360
 And I understand for security purposes why that might exist, but in keeping with neighborhoods

02:05:18.360 --> 02:05:21.400
 being right there, too, that something might want to be considered.

02:05:21.400 --> 02:05:22.400
 Right.

02:05:22.400 --> 02:05:23.400
 Okay.

02:05:23.400 --> 02:05:24.400
 One other quick question.

02:05:24.400 --> 02:05:25.400
 Yes.

02:05:25.400 --> 02:05:31.720
 So while the owners may have issues selling it as a residential area to investors, that

02:05:31.720 --> 02:05:36.200
 doesn't mean if we were to keep it zoned residential that they might not eventually

02:05:36.200 --> 02:05:38.400
 sell it as a residential area.

02:05:38.400 --> 02:05:41.000
 I'm not certain what you're saying.

02:05:41.000 --> 02:05:45.200
 Well, it's zoned for residential, and if we're wanting to rezone it.

02:05:45.200 --> 02:05:49.480
 So I think about some of the issues that were discussed tonight, everything ranging from

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

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

02:06:06.520 --> 02:06:12.680
 lighting and traffic and runoff would be even more prevalent if you had lots of families

02:06:12.680 --> 02:06:13.680
 in that area.

02:06:13.680 --> 02:06:16.160
 So those are just kind of my feedback there.

02:06:16.160 --> 02:06:17.640
 I didn't know if you had thought about that.

02:06:17.640 --> 02:06:20.200
 I'm not totally opposed to what's being proposed.

02:06:20.200 --> 02:06:21.200
 Okay.

02:06:21.200 --> 02:06:22.200
 All right.

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

02:06:26.800 --> 02:06:37.120
 is what's being presented tonight, and that considering those would eliminate future problems

02:06:37.120 --> 02:06:45.560
 and expense on the part of the developer if our considerations are taken into account.

02:06:45.560 --> 02:06:46.560
 Fair enough?

02:06:46.560 --> 02:06:47.560
 Okay.

02:06:47.560 --> 02:06:48.560
 Fair enough.

02:06:48.560 --> 02:06:49.560
 Thank you.

02:06:49.560 --> 02:06:50.560
 Thank you.

02:06:50.560 --> 02:06:52.280
 Thank you very much.

02:06:52.280 --> 02:06:53.800
 This is a public hearing.

02:06:53.800 --> 02:06:58.640
 Is there anyone else wishing to speak who has not already done so?

02:06:58.640 --> 02:07:05.400
 Yep, come on down.

02:07:05.400 --> 02:07:11.120
 Hello.

02:07:11.120 --> 02:07:12.720
 My name is Eric Janssen.

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

02:07:19.880 --> 02:07:23.080
 land on the south side of Black.

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

02:07:29.840 --> 02:07:34.600
 why I'm within 200 feet, 15 feet wide connecting to the subject property.

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.

02:07:40.240 --> 02:07:44.560
 So I just want to speak on his behalf in regards to the runoff.

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

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

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

02:08:06.600 --> 02:08:09.240
 subject property on the north side of Black.

02:08:09.240 --> 02:08:14.640
 That water comes through a culvert and spouts directly onto his property and runs down through

02:08:14.640 --> 02:08:18.880
 the heart of his property down to the creek, down to Cooper Creek.

02:08:18.880 --> 02:08:24.400
 And so he was very, very concerned, just as the other Mr. Brooks mentioned about runoff.

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

02:08:29.920 --> 02:08:37.720
 concern of water being shed underneath Black and directly onto Mr. Castro's property.

02:08:37.720 --> 02:08:41.840
 Second thing is, I want to commend Amy of Land 97.

02:08:41.840 --> 02:08:47.360
 It seems like she's engaged the neighbors considerably, and there have been modifications

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.

02:08:56.320 --> 02:09:00.160
 Light industrial seems to be coming to this area more.

02:09:00.160 --> 02:09:02.340
 There's more warehouses being built.

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,

02:09:08.360 --> 02:09:13.800
 and so I would presume that vehicular traffic leaving the site would go onto Geesling, and

02:09:13.800 --> 02:09:17.280
 Geesling at 380 will have to have a traffic light.

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

02:09:22.320 --> 02:09:23.880
 light on 380.

02:09:23.880 --> 02:09:31.360
 Truck traffic going east would end up going the university exit to go east, would make

02:09:31.360 --> 02:09:34.360
 the most sense.

02:09:34.360 --> 02:09:40.840
 Sewer drainage, I don't even know where they're planning on sewer exactly.

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

02:09:46.720 --> 02:09:49.280
 not part of the zoning.

02:09:49.280 --> 02:09:50.880
 Storm drainage.

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

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

02:10:04.400 --> 02:10:11.200
 line, but it seems to me that something like that might be addressed or considered.

02:10:11.200 --> 02:10:14.640
 That's about it, really.

02:10:14.640 --> 02:10:15.640
 Appreciate the time.

02:10:15.640 --> 02:10:16.640
 Appreciate the interest.

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

02:10:26.840 --> 02:10:33.200
 city was trying to involuntarily rezone my property many years ago, and they were considerate

02:10:33.200 --> 02:10:34.800
 and respectful.

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

02:10:38.620 --> 02:10:43.040
 exactly what the best utilization of this property is with the power lines across it,

02:10:43.040 --> 02:10:45.420
 the gaseous underneath it, et cetera.

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

02:10:49.360 --> 02:10:55.600
 you to give consideration to each of these neighbors because they do cherish the rural

02:10:55.600 --> 02:10:58.440
 atmosphere out there in East Denton.

02:10:58.440 --> 02:11:01.960
 They cherish that, and they want to preserve that as best they can.

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

02:11:08.880 --> 02:11:15.560
 next to these rural residential areas would be most appreciated by all the neighbors.

02:11:15.560 --> 02:11:16.560
 Thank you.

02:11:16.560 --> 02:11:17.560
 Any questions?

02:11:17.560 --> 02:11:18.560
 Thank you.

02:11:18.560 --> 02:11:19.560
 Thank you.

02:11:19.560 --> 02:11:20.560
 I do not see any.

02:11:20.560 --> 02:11:21.680
 Thank you very much.

02:11:21.680 --> 02:11:28.920
 Is there anyone else wishing to speak who has not done so already?

02:11:28.920 --> 02:11:32.640
 Okay.

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

02:11:36.880 --> 02:11:38.960
 for more discussion or motion.

02:11:38.960 --> 02:11:39.960
 Commissioner Villareal.

02:11:39.960 --> 02:11:40.960
 Thank you, Chair.

02:11:40.960 --> 02:11:43.920
 I just had a quick question for Amy.

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

02:11:48.640 --> 02:11:50.960
 to exclude all auto uses.

02:11:50.960 --> 02:11:58.480
 I believe you put travel plaza as well as parking lot and hotel motel.

02:11:58.480 --> 02:12:03.640
 Would that be included in the PD if this is passed today going to council?

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.

02:12:10.600 --> 02:12:17.360
 I was specifically highlighting and pointing out that the vehicle uses, we really have

02:12:17.360 --> 02:12:21.880
 no interest in those uses, so eliminating all of those would be fine.

02:12:21.880 --> 02:12:26.240
 I don't know that a hotel or motel would be appropriately located here regardless, so

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

02:12:30.880 --> 02:12:32.040
 have an issue with that?

02:12:32.040 --> 02:12:33.040
 There you go.

02:12:33.040 --> 02:12:38.160
 You can exclude everything that's highlighted on this page if you would like.

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

02:12:42.280 --> 02:12:43.280
 amendment too?

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

02:12:49.880 --> 02:12:50.880
 for condition.

02:12:50.880 --> 02:12:51.880
 Got it.

02:12:51.880 --> 02:12:52.880
 Thank you.

02:12:52.880 --> 02:12:58.440
 And we actually have a couple of potential amendments based on what we've heard tonight

02:12:58.440 --> 02:13:01.920
 if now would be an okay time to propose those.

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

02:13:05.720 --> 02:13:09.160
 it might address my question actually, so yeah, go ahead.

02:13:09.160 --> 02:13:12.800
 So I would propose the following additional conditions.

02:13:12.800 --> 02:13:16.920
 One, that an alternative ESA plan would not be permitted.

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.

02:13:25.360 --> 02:13:31.640
 And two, that the 50 points for the landscape buffer include an eight-foot masonry wall

02:13:31.640 --> 02:13:38.560
 that is structurally designed so that it's sound and has footings.

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

02:13:44.680 --> 02:13:50.080
 from the property line just for a number of reasons, tree preservation being one, encroachment

02:13:50.080 --> 02:13:56.040
 into the ESA being another, and potential maintenance issues, but if we could have that

02:13:56.040 --> 02:14:01.080
 be a part of the 50-point requirement, at least the neighborhood would have the assurance

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.

02:14:08.200 --> 02:14:10.640
 Brooks was requesting.

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

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

02:14:27.800 --> 02:14:34.760
 developer, these conditions would be well above and beyond what I think they would propose.

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

02:14:40.680 --> 02:14:43.680
 know exactly what's going here.

02:14:43.680 --> 02:14:49.080
 My hope is that these conditions are great enough that it protects the neighborhood in

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

02:14:55.400 --> 02:15:00.600
 push harder on this.

02:15:00.600 --> 02:15:01.600
 Go ahead, Tina.

02:15:01.600 --> 02:15:02.680
 I think Tina's got a question.

02:15:02.680 --> 02:15:07.600
 So I just want to make sure we understand the conditions that you're proposing.

02:15:07.600 --> 02:15:14.520
 So because we distributed an amended plan development district ordinance before the meeting, and

02:15:14.520 --> 02:15:18.800
 you had presented some other options within your presentation.

02:15:18.800 --> 02:15:26.080
 So are you, what you just spoke to regarding excluding the auto-related uses, eliminating

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

02:15:32.160 --> 02:15:33.160
 plaza.

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

02:15:36.720 --> 02:15:38.940
 willing to restrict.

02:15:38.940 --> 02:15:39.940
 So you add that.

02:15:39.940 --> 02:15:42.520
 And then we have the alt ESA plan not being permitted.

02:15:42.520 --> 02:15:47.480
 And then the 50 points for the landscape buffer, including an eight foot tall masonry wall,

02:15:47.480 --> 02:15:53.280
 that no placement restrictions on that to give your client flexibility to be able to

02:15:53.280 --> 02:15:58.160
 address tree preservation and other site conditions that might need to be addressed.

02:15:58.160 --> 02:16:00.720
 So and that that wall be structurally engineered.

02:16:00.720 --> 02:16:05.620
 But are those the only conditions that you're proposing to offer?

02:16:05.620 --> 02:16:09.600
 In addition to the ones that were already within the ordinance, yes.

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.

02:16:13.400 --> 02:16:14.400
 Okay.

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

02:16:18.760 --> 02:16:22.120
 that you were offering up in addition to the document that we gave the commission this

02:16:22.120 --> 02:16:23.120
 afternoon.

02:16:23.120 --> 02:16:24.120
 Yes.

02:16:24.120 --> 02:16:25.120
 Okay.

02:16:25.120 --> 02:16:26.120
 Thank you.

02:16:26.120 --> 02:16:27.120
 Thank you.

02:16:27.120 --> 02:16:29.100
 So going back to the masonry wall.

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

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

02:16:49.400 --> 02:16:53.160
 buffer as could be.

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

02:17:00.000 --> 02:17:06.320
 be and I guess we won't know that answer, I assume.

02:17:06.320 --> 02:17:10.520
 I know you have 25 foot up but is that just?

02:17:10.520 --> 02:17:14.320
 So that was the request of the neighborhood representative that I spoke with.

02:17:14.320 --> 02:17:15.720
 We're not opposed to it.

02:17:15.720 --> 02:17:22.240
 I think that it could potentially create some unintended consequences specifically related

02:17:22.240 --> 02:17:26.360
 to tree preservation and maintenance issues.

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

02:17:33.480 --> 02:17:38.100
 line and left in a natural condition.

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

02:17:42.680 --> 02:17:44.880
 be preserved by code.

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

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

02:17:56.200 --> 02:18:01.440
 least 50% natural in its natural state.

02:18:01.440 --> 02:18:05.560
 Something along those lines I think gives a little more flexibility regarding the placement

02:18:05.560 --> 02:18:09.040
 of the wall and tree preservation.

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.

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

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

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.

02:18:35.960 --> 02:18:43.800
 But however you all want to word that condition, we don't have a problem with.

02:18:43.800 --> 02:18:46.240
 I think we, Commissioner Villarreal, do you still have a question?

02:18:46.240 --> 02:18:50.880
 Yeah, just one more and you've answered a lot of the concerns the neighborhood folks

02:18:50.880 --> 02:18:52.760
 from the neighborhood brought today.

02:18:52.760 --> 02:18:57.080
 Just one concern that wasn't addressed regarding light pollution.

02:18:57.080 --> 02:19:02.880
 Have you all considered ways to negate light pollution or reduce it to assist the neighbors

02:19:02.880 --> 02:19:03.880
 with this change?

02:19:03.880 --> 02:19:04.880
 Sure, absolutely.

02:19:04.880 --> 02:19:05.880
 That's a great question.

02:19:05.880 --> 02:19:08.560
 So it's a conversation that we had during the neighborhood meetings.

02:19:08.560 --> 02:19:14.160
 There's specific requirements within the development code regarding lighting for both parking lots

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

02:19:20.960 --> 02:19:27.360
 candle, if I recall correctly, so the actual light is measured at the property line and

02:19:27.360 --> 02:19:32.680
 the direction of parking lot lighting must be aimed down and cannot be taller than 25

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

02:19:37.760 --> 02:19:44.800
 ground and so the light pollution issue is really addressed within the code already.

02:19:44.800 --> 02:19:49.680
 One of the neighbors brought up Ryan High School and when the stadium lights are on,

02:19:49.680 --> 02:19:54.960
 which stadium lighting is a whole separate animal, this development would have to comply

02:19:54.960 --> 02:20:01.800
 with lighting standards for just the development standards in subchapter 7, which would prevent

02:20:01.800 --> 02:20:06.440
 light pollution automatically.

02:20:06.440 --> 02:20:07.440
 Commissioner Pritt.

02:20:07.440 --> 02:20:08.440
 Thank you, Chair.

02:20:08.440 --> 02:20:12.480
 One question for you, Amy, and then one for staff.

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

02:20:21.240 --> 02:20:31.600
 general concern that a wall or opaque fence alleviates versus the vegetation barrier?

02:20:31.600 --> 02:20:42.760
 Yes, so the conversation was had with Mr. Jonathan Brooks yesterday evening and he explained

02:20:42.760 --> 02:20:47.240
 that right now everything is already in its natural state and the preference of the neighbors

02:20:47.240 --> 02:20:52.560
 is that it remain in its natural state, so in terms of creating a maintenance issue,

02:20:52.560 --> 02:20:58.400
 they were not concerned with a wall basically creating a barrier where the developer could

02:20:58.400 --> 02:21:02.380
 not get in there and maintain necessarily.

02:21:02.380 --> 02:21:05.920
 Their preference was that there would be no maintenance within that area.

02:21:05.920 --> 02:21:11.960
 I do want to clarify that that would not apply to the property along Black Road.

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

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

02:21:25.340 --> 02:21:28.580
 much of it in its natural state as possible.

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

02:21:33.440 --> 02:21:38.480
 other development projects in similar situations.

02:21:38.480 --> 02:21:39.480
 That helps.

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

02:21:46.820 --> 02:21:54.680
 closer to the existing residential properties or further away in respect to the vegetation

02:21:54.680 --> 02:21:55.680
 barrier.

02:21:55.680 --> 02:21:58.200
 Does that make sense?

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

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.

02:22:10.680 --> 02:22:15.480
 That way it can move a little bit based upon tree preservation and other conditions that

02:22:15.480 --> 02:22:17.000
 might require it.

02:22:17.000 --> 02:22:18.000
 Thank you.

02:22:18.000 --> 02:22:22.320
 Then for staff, as always, we get questions about drainage.

02:22:22.320 --> 02:22:25.600
 I'm not sure if this is Christy or somebody else.

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

02:22:33.240 --> 02:22:35.240
 the outflow before development.

02:22:35.240 --> 02:22:41.120
 However, I'm not certain what happens when there are two separate outflow locations on

02:22:41.120 --> 02:22:42.120
 a single property.

02:22:42.120 --> 02:22:48.560
 In other words, is it the cumulative outflow that gets regulated or at each outflow location

02:22:48.560 --> 02:22:53.000
 may it not exceed what it was pre-development?

02:22:53.000 --> 02:22:57.320
 I may defer to Christy on this if she knows anything that I don't.

02:22:57.320 --> 02:23:02.080
 In general, the requirement is no negative impacts to adjacent properties.

02:23:02.080 --> 02:23:06.720
 Whatever existing drainage conditions are on site, they cannot worsen that on any of

02:23:06.720 --> 02:23:10.000
 those adjacent properties.

02:23:10.000 --> 02:23:15.240
 If they could engineer the two different drainage areas to all flow one direction versus another,

02:23:15.240 --> 02:23:20.600
 that's something that we could work with them on through the civil engineering plan process.

02:23:20.600 --> 02:23:25.320
 My understanding is, at the end of the day, the rule is no negative impact whatsoever.

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,

02:23:30.400 --> 02:23:34.000
 can't be increased to negatively impact the neighboring properties.

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

02:23:39.200 --> 02:23:42.520
 into a natural ... Sometimes we're allowed to release into the floodplain if they can

02:23:42.520 --> 02:23:46.800
 manage to do so at a rate that would not negatively impact other properties.

02:23:46.800 --> 02:23:47.800
 Okay.

02:23:47.800 --> 02:23:48.800
 Thank you.

02:23:48.800 --> 02:23:49.800
 Thanks, Haley.

02:23:49.800 --> 02:24:15.520
 I don't see any questions in front of me at the moment from the dance.

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

02:24:23.540 --> 02:24:27.000
 got it all.

02:24:27.000 --> 02:24:33.040
 You gave the synopsis of what Amy proposed.

02:24:33.040 --> 02:24:42.240
 We just had discussion about the masonry wall language of it possibly being at least 25

02:24:42.240 --> 02:24:47.560
 feet from the buffer line.

02:24:47.560 --> 02:24:49.560
 Staff would like to be able to address that.

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

02:24:52.520 --> 02:24:57.600
 got that suggestion regarding the issue with the tree preservation, the natural buffer,

02:24:57.600 --> 02:25:00.680
 the placement of the wall, did you want to address that?

02:25:00.680 --> 02:25:02.480
 I'll bring Haley out to answer that one.

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.

02:25:07.200 --> 02:25:08.200
 Thank you.

02:25:08.200 --> 02:25:09.200
 Okay.

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

02:25:13.660 --> 02:25:17.640
 flexibility if we could to continue crafting this before it goes to council.

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

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

02:25:25.160 --> 02:25:29.960
 we be left the flexibility to also address tree preservation and ESA preservation within

02:25:29.960 --> 02:25:36.000
 that buffer area so that we're not requiring inadvertently removal of trees and impact to

02:25:36.000 --> 02:25:40.440
 the natural buffer that already exists along those property lines, just to add a masonry

02:25:40.440 --> 02:25:41.440
 wall.

02:25:41.440 --> 02:25:42.440
 Completely agree.

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

02:25:45.920 --> 02:25:49.720
 eight-foot wall would require some sort of footing be dug into the ground that would

02:25:49.720 --> 02:25:53.960
 impact the roots of adjacent trees, and my understanding from our experts on staff is

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

02:25:58.200 --> 02:26:03.520
 area going straight down, could potentially do long-term damage to those trees, especially

02:26:03.520 --> 02:26:09.160
 if they're post oaks or pecan or other more sensitive native species.

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

02:26:14.800 --> 02:26:18.760
 the commission may wish to see on-site.

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?

02:26:31.020 --> 02:26:33.560
 I would say dictating a location would be hard.

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.

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

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

02:26:49.440 --> 02:26:52.840
 it does not affect those trees, something in that nature, I think, was really the intent

02:26:52.840 --> 02:26:54.120
 of what everyone's wanting.

02:26:54.120 --> 02:26:57.520
 I'm just not quite sure how we would word that at this time.

02:26:57.520 --> 02:26:58.520
 Right.

02:26:58.520 --> 02:26:59.520
 I agree.

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.

02:27:04.040 --> 02:27:09.480
 If the commission wishes, though, that is something you could direct us to work on and

02:27:09.480 --> 02:27:12.800
 come up with wording, obviously, before it gets to council next week if you wanted to

02:27:12.800 --> 02:27:14.760
 keep this moving forward.

02:27:14.760 --> 02:27:22.520
 I'd have to ask Haley how we would actually make that.

02:27:22.520 --> 02:27:23.520
 Sure.

02:27:23.520 --> 02:27:25.440
 How we would do that.

02:27:25.440 --> 02:27:36.320
 My suggestion might be to consider tabling this, hearing the next public hearing item.

02:27:36.320 --> 02:27:41.800
 In that intervening time, perhaps staff can put something together, and then coming back

02:27:41.800 --> 02:27:49.160
 to this item so that we're not considering speculative conditions.

02:27:49.160 --> 02:27:50.160
 Right.

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

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

02:28:01.340 --> 02:28:05.520
 could have the time to type it all up of what was discussed.

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

02:28:13.560 --> 02:28:15.400
 try and avoid that if possible.

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.

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

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

02:28:29.960 --> 02:28:30.960
 think we're to the point.

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.

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

02:28:38.920 --> 02:28:43.240
 next planning and zoning commission meeting to give us a chance to work on that language,

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

02:28:48.840 --> 02:28:53.280
 to the next appropriate council meeting to allow the commission to take action.

02:28:53.280 --> 02:28:54.840
 I think we're fine with that.

02:28:54.840 --> 02:28:55.840
 Okay.

02:28:55.840 --> 02:28:56.840
 Thank you.

02:28:56.840 --> 02:28:57.840
 Thank you.

02:28:57.840 --> 02:29:04.840
 Appreciate that.

02:29:04.840 --> 02:29:05.840
 Commissioner Peruzza.

02:29:05.840 --> 02:29:12.000
 Thank you, Chair, and thanks for that direction and clarification on what the preferred option

02:29:12.000 --> 02:29:14.520
 is.

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

02:29:22.160 --> 02:29:28.240
 zoning commission with the following recommendations, and I invite my colleagues to add anything

02:29:28.240 --> 02:29:30.640
 else I've forgotten.

02:29:30.640 --> 02:29:36.080
 One is to restrict the automotive major and minor uses instead of just the major uses,

02:29:36.080 --> 02:29:40.960
 hotel, motel, and parking lot as primary use.

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

02:29:47.360 --> 02:29:55.920
 commission, would be to stipulate that any fence erected along these borders to the residential

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

02:30:05.360 --> 02:30:12.480
 fences in industrial areas, that it lists masonry wall in there, it also lists some

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

02:30:20.320 --> 02:30:23.400
 a chain link fence or something like that.

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

02:30:30.720 --> 02:30:31.720
 where it's placed.

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

02:30:35.440 --> 02:30:43.360
 to hamstring them from working out these final details, such that any position from 25 feet

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

02:30:49.800 --> 02:30:55.480
 for a fence if they wish to place one there.

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

02:31:00.840 --> 02:31:04.120
 buffer points.

02:31:04.120 --> 02:31:07.840
 Is that clear, Tina?

02:31:07.840 --> 02:31:10.640
 I don't think it's necessarily part of your motion, correct?

02:31:10.640 --> 02:31:11.640
 Your motion?

02:31:11.640 --> 02:31:12.640
 No.

02:31:12.640 --> 02:31:13.640
 You're giving a recommendation.

02:31:13.640 --> 02:31:14.640
 Okay.

02:31:14.640 --> 02:31:15.640
 Exactly.

02:31:15.640 --> 02:31:16.640
 Yeah.

02:31:16.640 --> 02:31:20.000
 Motion is simply to continue and I wanted to kind of capture my thoughts and invite

02:31:20.000 --> 02:31:21.000
 others to you as well.

02:31:21.000 --> 02:31:23.000
 Was that the end of your thoughts?

02:31:23.000 --> 02:31:24.000
 Yes.

02:31:24.000 --> 02:31:25.000
 Okay.

02:31:25.000 --> 02:31:26.000
 Thank you.

02:31:26.000 --> 02:31:27.000
 All right.

02:31:27.000 --> 02:31:28.000
 Can I have some clarification?

02:31:28.000 --> 02:31:29.000
 You can.

02:31:29.000 --> 02:31:30.000
 Commissioner Pruitt.

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

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

02:31:43.720 --> 02:31:44.720
 within the buffer?

02:31:44.720 --> 02:31:45.720
 Exactly.

02:31:45.720 --> 02:31:46.720
 Okay.

02:31:46.720 --> 02:31:47.720
 Thank you.

02:31:47.720 --> 02:31:48.720
 Okay.

02:31:48.720 --> 02:31:54.200
 So the motion on the floor is to table the item to a date certain of?

02:31:54.200 --> 02:31:56.020
 The next planning and zoning meeting?

02:31:56.020 --> 02:31:57.020
 That would be June 26.

02:31:57.020 --> 02:31:58.020
 Thank you.

02:31:58.020 --> 02:31:59.020
 June 26.

02:31:59.020 --> 02:32:00.020
 Good.

02:32:00.020 --> 02:32:01.020
 Okay.

02:32:01.020 --> 02:32:02.020
 Commissioner Thaggard.

02:32:02.020 --> 02:32:03.020
 I second tabling the item.

02:32:03.020 --> 02:32:04.020
 Okay.

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.

02:32:07.880 --> 02:32:11.040
 Is there any other discussion?

02:32:11.040 --> 02:32:19.480
 If we could get possibly the transportation talk a little bit, like can we get signage

02:32:19.480 --> 02:32:20.480
 somewhere?

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.

02:32:26.840 --> 02:32:32.200
 And then yeah, just basically getting, it's a great discussion we had tonight.

02:32:32.200 --> 02:32:37.840
 Obviously I want to commend you on engaging the neighborhood and listening and hearing.

02:32:37.840 --> 02:32:40.320
 All of this is difficult, I know, for everyone.

02:32:40.320 --> 02:32:47.600
 So I feel comfortable that we are tabling because we changed so much tonight, I think

02:32:47.600 --> 02:32:50.520
 for the better, exactly what we're looking at.

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

02:32:57.480 --> 02:33:03.080
 working your best to work all around that except to have that.

02:33:03.080 --> 02:33:04.080
 And yeah, thank you staff.

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

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.

02:33:13.000 --> 02:33:14.000
 Okay.

02:33:14.000 --> 02:33:15.000
 Commissioner Pruitt, I think you have another point.

02:33:15.000 --> 02:33:16.600
 I apologize for double speaking here.

02:33:16.600 --> 02:33:17.600
 That's okay.

02:33:17.600 --> 02:33:25.600
 I brought up the transportation issues that were raised by some of the residents.

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

02:33:32.280 --> 02:33:37.040
 starts right around Geesling Road from TxDOT's perspective.

02:33:37.040 --> 02:33:46.160
 I'd like to understand whether northbound traffic from Geesling will be navigable toward

02:33:46.160 --> 02:33:55.920
 Loop 288 Northwest around town or not, just when we come back after the continuance.

02:33:55.920 --> 02:33:57.360
 Thank you.

02:33:57.360 --> 02:33:58.360
 Anything else?

02:33:58.360 --> 02:33:59.360
 Okay.

02:33:59.360 --> 02:34:07.360
 Let's go ahead and vote, please.

02:34:07.360 --> 02:34:09.080
 That motion carries 6-0.

02:34:09.080 --> 02:34:13.000
 See you at the next meeting.

02:34:13.000 --> 02:34:24.860
 Our next item is 5BZ220018, which is in tandem with 5CPD230001.

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

02:34:30.120 --> 02:34:33.840
 discussion on that item.

02:34:33.840 --> 02:34:34.840
 Hi.

02:34:34.840 --> 02:34:35.840
 Hi.

02:34:35.840 --> 02:34:36.840
 Good evening.

02:34:36.840 --> 02:34:47.120
 I'm Angie, review manager, both Z220018 and PD230001 are being requested to be continued

02:34:47.120 --> 02:34:53.360
 to the planning and zoning commission meeting on July 24th, 2024, as there have been some

02:34:53.360 --> 02:34:57.680
 infrastructure issues that have come to light in the last couple of days that the additional

02:34:57.680 --> 02:34:59.680
 time is needed to work those out.

02:34:59.680 --> 02:35:07.920
 The request is for July 24, 2024, for both Z220018 and PD230001.

02:35:07.920 --> 02:35:09.160
 Happy to answer any questions.

02:35:09.160 --> 02:35:10.160
 Thank you, Angie.

02:35:10.160 --> 02:35:11.160
 Appreciate that.

02:35:11.160 --> 02:35:12.160
 Any questions?

02:35:12.160 --> 02:35:13.160
 Okay.

02:35:13.160 --> 02:35:18.880
 Chair can entertain a motion or discussion.

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

02:35:34.680 --> 02:35:42.520
 of July 24th, 2024, with the public hearing being left open on both of those items.

02:35:42.520 --> 02:35:43.520
 Commissioner Pedro?

02:35:43.520 --> 02:35:44.520
 I second.

02:35:44.520 --> 02:35:45.520
 Okay.

02:35:45.520 --> 02:35:46.520
 We've got a first and a second.

02:35:46.520 --> 02:35:49.040
 Is there any discussion?

02:35:49.040 --> 02:35:50.320
 Okay.

02:35:50.320 --> 02:35:53.200
 Let's go ahead and vote, please.

02:35:53.200 --> 02:36:01.240
 And with this, the vote would be for both of those items together.

02:36:01.240 --> 02:36:03.280
 Motion carries 6-0.

02:36:03.280 --> 02:36:04.840
 Okay.

02:36:04.840 --> 02:36:16.400
 That will then take us to 5D-S240003, which is in tandem with 5E-S240004.

02:36:16.400 --> 02:36:21.400
 I will open both of those public hearings, and Ashley is here for presentation.

02:36:21.400 --> 02:36:26.000
 Good evening, Chair, members of the commission, Ashley Eckstead, Associate Planner.

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

02:36:31.320 --> 02:36:33.900
 these cases together.

02:36:33.900 --> 02:36:37.720
 This request is for a specific use permit to allow a high-impact manufacturing use

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

02:36:43.160 --> 02:36:46.920
 additional 9 1/2 acres of land, S24-4.

02:36:46.920 --> 02:36:50.280
 They are generally located on the southwest corner of the intersection of Shelby Lane

02:36:50.280 --> 02:36:54.800
 and Dakota Lane, and on the west side of Dakota Lane, 800 feet south of Shelby.

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

02:36:58.520 --> 02:37:02.320
 industrial commerce, which is shown in dark purple.

02:37:02.320 --> 02:37:06.600
 Just to briefly go over the site history, in 2011, they applied for a certificate of

02:37:06.600 --> 02:37:12.720
 occupancy for 4951 Dakota, which is the southernmost building outlined in blue.

02:37:12.720 --> 02:37:16.760
 They have that certificate of occupancy that was issued for a heavy manufacturing use.

02:37:16.760 --> 02:37:21.880
 In 2016, they applied for a certificate of occupancy at 5001 Dakota, which is the middle

02:37:21.880 --> 02:37:26.200
 building outlined in blue, and they have that as a warehouse use.

02:37:26.200 --> 02:37:31.960
 In 2002, they applied for a certificate of occupancy for 5071, which is the northernmost

02:37:31.960 --> 02:37:36.720
 building outlined in blue, and that has been issued as a warehouse use as well.

02:37:36.720 --> 02:37:41.480
 Earlier this year, they requested a certificate of occupancy for 3650 Shelby, which is outlined

02:37:41.480 --> 02:37:46.500
 in red, and staff realized the intensive nature of this use, and we notified the applicant

02:37:46.500 --> 02:37:50.840
 that a specific use permit would be required to continue operations and to begin operations

02:37:50.840 --> 02:37:54.560
 at the building on Shelby.

02:37:54.560 --> 02:37:58.100
 To briefly go over their business operations, high-impact manufacturing, which is why we're

02:37:58.100 --> 02:38:03.280
 having this conversation today, the definition includes businesses that use hazardous inputs

02:38:03.280 --> 02:38:07.280
 in the course of their manufacturing, and it also includes fertilizer manufacturing

02:38:07.280 --> 02:38:11.880
 from organic matter, which both of those apply to this use.

02:38:11.880 --> 02:38:15.520
 Manufacturing and outdoor storage of finished product do occur in the southernmost building

02:38:15.520 --> 02:38:17.940
 and the middle building outlined in blue.

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

02:38:22.840 --> 02:38:27.400
 the finished product is a non-hazardous that is stored outside.

02:38:27.400 --> 02:38:31.640
 The majority of the inputs are stored in the northernmost building on the three-lot site,

02:38:31.640 --> 02:38:35.440
 but they do have additional storage in the other buildings as well.

02:38:35.440 --> 02:38:39.540
 They do have operational controls in place, which include trenches to contain spills inside

02:38:39.540 --> 02:38:42.320
 the buildings, secondary containment where necessary.

02:38:42.320 --> 02:38:47.200
 They have a safety plan, an emergency response plan, and the outdoor storage tanks are appropriately

02:38:47.200 --> 02:38:51.440
 constructed for the product and the hazard rating.

02:38:51.440 --> 02:38:56.500
 Land use-wise, the proposed and existing operations are located within an industrial park with

02:38:56.500 --> 02:39:03.440
 similar types of uses, similar outdoor storage, similar types of vehicles, and similar operations.

02:39:03.440 --> 02:39:06.080
 To briefly go over the site layouts, these are existing buildings.

02:39:06.080 --> 02:39:10.140
 They are not proposing any changes to the buildings or the sites.

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

02:39:15.120 --> 02:39:18.820
 storage tanks, which are highlighted on the plan in red.

02:39:18.820 --> 02:39:24.680
 On the existing outdoor storage tanks, which is the southernmost lot in the middle building

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

02:39:29.360 --> 02:39:34.720
 outdoor storage, which is outlined in red on the left, and that is S243, the single

02:39:34.720 --> 02:39:37.760
 building SUP.

02:39:37.760 --> 02:39:39.720
 It does meet the criteria for approval.

02:39:39.720 --> 02:39:43.680
 It's consistent with the goals and policies of the Denton 2040 comprehensive plan and

02:39:43.680 --> 02:39:45.080
 the future land use map.

02:39:45.080 --> 02:39:49.280
 It's compatible with the surrounding area, and approval of this SUP is not expected to

02:39:49.280 --> 02:39:53.800
 generate significant adverse environmental or fiscal impacts.

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

02:39:57.240 --> 02:39:58.600
 was posted on the property.

02:39:58.600 --> 02:40:01.280
 We mailed out notices to everyone within 500 feet.

02:40:01.280 --> 02:40:04.660
 We did not receive any responses in opposition or in favor.

02:40:04.660 --> 02:40:07.840
 The applicant also discussed this project with the neighbors and delivered letters in

02:40:07.840 --> 02:40:08.840
 person.

02:40:08.840 --> 02:40:15.400
 The addresses is within 500 feet, and we performed notices for both individually.

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

02:40:19.680 --> 02:40:22.000
 that is just the single lot.

02:40:22.000 --> 02:40:26.000
 They'll need to maintain compliance with the Texas Multisector Stormwater General Permit

02:40:26.000 --> 02:40:28.680
 and update their certification as required.

02:40:28.680 --> 02:40:32.520
 They'll also need to maintain a spill response team that requires staff training at least

02:40:32.520 --> 02:40:33.960
 once a year.

02:40:33.960 --> 02:40:37.720
 The outdoor storage tanks, and these are the outdoor storage tanks that are proposed, they'll

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

02:40:41.360 --> 02:40:44.960
 trees with a minimum 30-foot mature height.

02:40:44.960 --> 02:40:50.240
 Additionally, all stored hazardous chemicals shall be located inside the building only,

02:40:50.240 --> 02:40:54.040
 and they are currently doing that, so the outdoor storage tanks shown on the plans are

02:40:54.040 --> 02:40:56.720
 not permitted to hold the hazardous materials.

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

02:41:01.040 --> 02:41:04.720
 today, and this was after discussions with building safety.

02:41:04.720 --> 02:41:08.840
 They will need to obtain all necessary permits within 90 days to achieve the proper storage

02:41:08.840 --> 02:41:13.440
 and placement of materials or chemicals within the control areas according to the building

02:41:13.440 --> 02:41:14.440
 code.

02:41:14.440 --> 02:41:17.780
 They'll also need to obtain the permits from the fire department for all the hazardous

02:41:17.780 --> 02:41:20.560
 chemicals stored on site.

02:41:20.560 --> 02:41:24.320
 Prior to any manufacturing, the wastewater discharge being connected to the city's wastewater

02:41:24.320 --> 02:41:27.880
 collection system, they'll need building permits to hook up to the city's wastewater

02:41:27.880 --> 02:41:31.080
 system on their manufacturing floor.

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

02:41:35.400 --> 02:41:36.560
 reread those to you.

02:41:36.560 --> 02:41:40.080
 There are a few conditions that are different.

02:41:40.080 --> 02:41:46.680
 The southernmost lot, it does contain floodplain, so the chiller that is currently located there

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

02:41:51.760 --> 02:41:55.760
 equipment has to remain outside of the floodway and floodplain.

02:41:55.760 --> 02:42:01.880
 No outdoor storage is permitted within the floodway or floodplain as well.

02:42:01.880 --> 02:42:05.560
 Highlighted in red is additional changes to the conditions that we sent you earlier after

02:42:05.560 --> 02:42:06.840
 talking with the fire department.

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

02:42:12.520 --> 02:42:17.160
 of hazardous materials, and we do have the same condition from building safety to obtain

02:42:17.160 --> 02:42:23.040
 any permits needed from them in accordance with the building code.

02:42:23.040 --> 02:42:28.160
 Staff recommendations, we do recommend approval of S24-3, which is the northernmost lot, and

02:42:28.160 --> 02:42:30.760
 S24-4, which is the three lots.

02:42:30.760 --> 02:42:34.680
 I'm happy to answer any questions, and the applicant is also here with the presentation.

02:42:34.680 --> 02:42:35.680
 Thank you very much, Ashley.

02:42:35.680 --> 02:42:36.680
 Any questions?

02:42:36.680 --> 02:42:37.680
 I do not see any.

02:42:37.680 --> 02:42:38.680
 Thank you very much.

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

02:42:46.420 --> 02:42:47.880
 can give us your name and address, and . . .

02:42:47.880 --> 02:43:08.640
 All right.

02:43:08.640 --> 02:43:09.640
 Good evening, commissioners, chair.

02:43:09.640 --> 02:43:16.400
 My name is Jesse Copeland, 500 Winstead Building, 2728 North Harwood Street, Dallas, Texas,

02:43:16.400 --> 02:43:17.400
 75201.

02:43:17.400 --> 02:43:21.800
 I'm here representing the applicant in this request.

02:43:21.800 --> 02:43:28.000
 So I want to quickly thank all of staff, specifically Ashley, for reviewing, communicating, and

02:43:28.000 --> 02:43:34.460
 processing all this material for these two applications very quickly and efficiently.

02:43:34.460 --> 02:43:35.660
 I'll be brief.

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

02:43:40.640 --> 02:43:43.140
 a couple things.

02:43:43.140 --> 02:43:44.600
 Here's the site that you've seen.

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.

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

02:43:59.920 --> 02:44:03.440
 Lane.

02:44:03.440 --> 02:44:07.720
 As you know, this request is for a specific use permit for high-impact manufacturing,

02:44:07.720 --> 02:44:13.880
 specifically, the production of a non-hazardous agricultural fertilizer that's used as a soil

02:44:13.880 --> 02:44:18.980
 amendment to assist with nitrogen use efficiency in row crops.

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

02:44:24.720 --> 02:44:32.080
 answer any technical and operational questions that the commissioners may have.

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

02:44:37.560 --> 02:44:39.240
 background on this site.

02:44:39.240 --> 02:44:46.840
 As mentioned before, in 2024, the applicant entered into a lease at the site, which is

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

02:44:52.840 --> 02:44:55.440
 newest bio-stimulant technology.

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

02:44:59.200 --> 02:45:06.080
 use will be considered a high-impact manufacturing and that the SUP would be required.

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

02:45:12.920 --> 02:45:16.960
 of the Denton 2040 Comprehensive Plan.

02:45:16.960 --> 02:45:22.440
 As mentioned before, the site is surrounded entirely by land zone heavy industrial, and

02:45:22.440 --> 02:45:27.760
 the uses of the site consist of the industrial uses like light manufacturing, distribution,

02:45:27.760 --> 02:45:37.000
 warehousing, gas well production, as well as a trade school to the east.

02:45:37.000 --> 02:45:44.280
 Lastly we did want to touch a little bit on our community outreach.

02:45:44.280 --> 02:45:50.840
 The applicant and business owner personally delivered letters to the neighboring properties

02:45:50.840 --> 02:45:57.400
 that we got from the list provided by staff.

02:45:57.400 --> 02:46:04.600
 All but five of those addresses were made personal contact with, and the feedback was

02:46:04.600 --> 02:46:10.200
 overwhelmingly positive, including a few folks that mentioned that they were happy to see

02:46:10.200 --> 02:46:14.480
 that our business was expanding.

02:46:14.480 --> 02:46:33.880
 I'll move on to S24-4.

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,

02:46:42.400 --> 02:46:50.400
 5001 in the middle, and 5071 at the top.

02:46:50.400 --> 02:47:04.840
 More street views of the sites facing southwest, here's 4951, 5001, and 5071 to Codelane.

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

02:47:10.120 --> 02:47:11.120
 request.

02:47:11.120 --> 02:47:16.600
 However, I will clarify for this request, the SCP will offer production of the fertilizers

02:47:16.600 --> 02:47:23.840
 and bio-stimulant products at 4951 and 5001 Codelane, whereas 5071 Codelane will be utilized

02:47:23.840 --> 02:47:33.680
 to store empty totes, raw materials, and other finished bio-stimulant products in totes containers.

02:47:33.680 --> 02:47:39.260
 It is a part of this overall manufacturing and distribution process, which is why it's

02:47:39.260 --> 02:47:44.040
 being considered in this request.

02:47:44.040 --> 02:47:50.960
 I actually spoke to this and I'll just bring it back up.

02:47:50.960 --> 02:47:57.800
 The history of 4951, the applicant initially leased 4951 to Codelane in 2011 with the plan

02:47:57.800 --> 02:48:01.440
 to build a production system to produce its original bio-stimulant product.

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

02:48:08.240 --> 02:48:10.320
 used prior to the annexation.

02:48:10.320 --> 02:48:16.560
 In 2016, the applicant expanded and leased its second building at 5001 Dakota and followed

02:48:16.560 --> 02:48:19.120
 the same CEO process that it had for the first building.

02:48:19.120 --> 02:48:24.080
 The applicant initially uses property for storage, but starting in late 2017, it constructed

02:48:24.080 --> 02:48:28.320
 production systems for its newer bio-stimulant technologies.

02:48:28.320 --> 02:48:32.600
 These production systems are similar to the ones used in 4951.

02:48:32.600 --> 02:48:39.880
 Finally, in 2022, the applicant expanded again and leased its third building at 5071 Dakota

02:48:39.880 --> 02:48:46.000
 to use solely for storage of empty totes, which are material containers, raw materials

02:48:46.000 --> 02:48:52.720
 used to produce the company's products, and final finished bio-stimulant products.

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

02:48:59.880 --> 02:49:02.240
 plan.

02:49:02.240 --> 02:49:06.920
 Once again, these sites are surrounded by heavy industrial, with the exception of the

02:49:06.920 --> 02:49:13.520
 ETJ to the south, as well as various industrial uses, including light manufacturing, distribution,

02:49:13.520 --> 02:49:21.040
 warehousing, automotive repair, and that same trade school now to the northeast.

02:49:21.040 --> 02:49:28.000
 Again, the neighborhood outreach was done for these sites in conjunction with the site

02:49:28.000 --> 02:49:34.040
 for S24-3, and feedback was still positive.

02:49:34.040 --> 02:49:40.720
 As I mentioned earlier, the applicant business owner is here to answer technical operational

02:49:40.720 --> 02:49:44.520
 questions, and I'll be here as well.

02:49:44.520 --> 02:49:47.640
 Thank you, Mr. Griffin.

02:49:47.640 --> 02:49:48.640
 Questions at the moment?

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.

02:49:55.160 --> 02:49:56.160
 Sure.

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

02:50:04.040 --> 02:50:07.360
 a not-super-technical way that we could understand.

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.

02:50:14.080 --> 02:50:15.080
 Hi.

02:50:15.080 --> 02:50:16.080
 My name is John Wolfe.

02:50:16.080 --> 02:50:21.160
 I'm the chief operating officer of Advanced Microbial Solutions.

02:50:21.160 --> 02:50:26.200
 Basically the difference here is these are fermentation tanks that are serialized so

02:50:26.200 --> 02:50:31.240
 that water flows from one tank to the next, and it consumes whatever organic feedstock

02:50:31.240 --> 02:50:32.400
 you put in there.

02:50:32.400 --> 02:50:37.100
 We direct these to make certain kinds of microbes that do different things.

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

02:50:43.760 --> 02:50:49.080
 from the atmosphere, reduce the amount of nitrogen we apply to corn crops.

02:50:49.080 --> 02:50:50.080
 I think you did very well.

02:50:50.080 --> 02:50:51.560
 I actually understood that.

02:50:51.560 --> 02:50:52.560
 All right.

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.

02:50:57.480 --> 02:50:58.480
 Any other questions?

02:50:58.480 --> 02:50:59.480
 Yeah.

02:50:59.480 --> 02:51:00.480
 I don't think so.

02:51:00.480 --> 02:51:01.480
 Thank you very much for that.

02:51:01.480 --> 02:51:02.480
 Appreciate that.

02:51:02.480 --> 02:51:06.160
 I don't have any other cards in front of me.

02:51:06.160 --> 02:51:08.880
 Is there anyone else wishing to speak who has not?

02:51:08.880 --> 02:51:12.400
 There should be like one only person here, okay?

02:51:12.400 --> 02:51:13.400
 Very good.

02:51:13.400 --> 02:51:14.400
 Very good.

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,

02:51:28.360 --> 02:51:31.600
 and I will open the floor for a motion or discussion.

02:51:31.600 --> 02:51:32.600
 Commissioner Cole.

02:51:32.600 --> 02:51:35.880
 I'll make a motion to approve.

02:51:35.880 --> 02:51:36.880
 Commissioner Pruitt?

02:51:36.880 --> 02:51:37.880
 Second.

02:51:37.880 --> 02:51:38.880
 Okay.

02:51:38.880 --> 02:51:49.840
 I need to clarify, because these had differing conditions, I should have said that before

02:51:49.840 --> 02:51:50.840
 that.

02:51:50.840 --> 02:51:52.880
 We need to take these one motion at a time.

02:51:52.880 --> 02:51:56.280
 So we're looking at 5D here.

02:51:56.280 --> 02:51:59.880
 I will ask S240003.

02:51:59.880 --> 02:52:05.480
 So Commissioner Cole, are you good with your to approve 5D?

02:52:05.480 --> 02:52:06.480
 Commissioner Pruitt?

02:52:06.480 --> 02:52:07.480
 Yes.

02:52:07.480 --> 02:52:08.480
 So second.

02:52:08.480 --> 02:52:19.240
 I will make a motion to approve 5D S240003 with staff's conditions as presented.

02:52:19.240 --> 02:52:21.000
 Okay.

02:52:21.000 --> 02:52:23.120
 Any discussion?

02:52:23.120 --> 02:52:25.440
 Before we vote, can I just say thank you, Ashley.

02:52:25.440 --> 02:52:26.440
 Thank you, Mr. Copeland.

02:52:26.440 --> 02:52:28.720
 The backup material was fantastic on this.

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

02:52:34.040 --> 02:52:38.240
 -- and as I delved into it, and it was still -- I mean, it took a minute.

02:52:38.240 --> 02:52:43.720
 But you presented it so well, the narrative was great, so that we really could understand

02:52:43.720 --> 02:52:45.620
 exactly what was being asked.

02:52:45.620 --> 02:52:46.620
 So well done.

02:52:46.620 --> 02:52:47.880
 Thank you very much.

02:52:47.880 --> 02:52:56.040
 Let's go ahead and vote, please.

02:52:56.040 --> 02:52:57.640
 That motion will carry 6-0.

02:52:57.640 --> 02:53:03.080
 That will take us to then the vote on 5E, S240004.

02:53:03.080 --> 02:53:04.080
 Commissioner Thaggard?

02:53:04.080 --> 02:53:05.080
 I make a motion to approve.

02:53:05.080 --> 02:53:09.280
 Is that with staff's conditions as presented?

02:53:09.280 --> 02:53:10.280
 Commissioner Pergero?

02:53:10.280 --> 02:53:11.280
 I second.

02:53:11.280 --> 02:53:12.280
 Okay.

02:53:12.280 --> 02:53:18.320
 We've got a first and a second for approval of item 5E, S240004.

02:53:18.320 --> 02:53:19.920
 Any discussion?

02:53:19.920 --> 02:53:21.020
 Okay.

02:53:21.020 --> 02:53:28.800
 Let's go ahead and vote, please.

02:53:28.800 --> 02:53:31.960
 That motion carries 6-0.

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.

02:53:39.920 --> 02:53:43.880
 I will open the public hearing, and Angie is here for presentation.

02:53:43.880 --> 02:53:45.480
 Thank you.

02:53:45.480 --> 02:53:48.480
 Thank you, Chair.

02:53:48.480 --> 02:53:51.640
 Just one second.

02:53:51.640 --> 02:53:52.640
 Good evening.

02:53:52.640 --> 02:53:54.140
 Angie Manglaris, Development Review Manager.

02:53:54.140 --> 02:54:01.560
 This is DCA240003, amendments to the Debt and Development Code as it relates to conflicts

02:54:01.560 --> 02:54:04.660
 with other ordinances and criteria manuals.

02:54:04.660 --> 02:54:06.560
 So a little bit of background on this proposal.

02:54:06.560 --> 02:54:11.400
 This is amendments to sections 1.3.4 of the DDC.

02:54:11.400 --> 02:54:15.760
 This is the section that spells out really conflicts with other ordinances as well as

02:54:15.760 --> 02:54:19.040
 criteria manuals in the Denton Development Code.

02:54:19.040 --> 02:54:24.440
 On June 4th, 2024, the City Council adopted the new Denton Design Criteria Manual.

02:54:24.440 --> 02:54:29.640
 The Denton Design Criteria Manual consolidates our existing criteria manuals into one comprehensive

02:54:29.640 --> 02:54:34.360
 manual and also specifies that in the event of conflict between the Denton Design Criteria

02:54:34.360 --> 02:54:38.800
 Manual and the Denton Development Code, the Denton Design Criteria Manual shall not supersede

02:54:38.800 --> 02:54:40.120
 the DDC.

02:54:40.120 --> 02:54:42.640
 As it is today, we do have some conflicting language.

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,

02:54:48.400 --> 02:54:50.800
 the criteria manuals shall govern.

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

02:54:55.560 --> 02:54:59.200
 regulations to carry out the goals of the comprehensive plan.

02:54:59.200 --> 02:55:03.080
 The new manuals are intended to provide the supplemental technical detail that we need

02:55:03.080 --> 02:55:05.480
 to carry out the provisions of the DDC.

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.

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

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

02:55:19.840 --> 02:55:21.060
 up some names.

02:55:21.060 --> 02:55:24.080
 So the proposed amendments are here before you.

02:55:24.080 --> 02:55:29.000
 Again, correcting that the Denton Development Code shall govern in the event of conflict

02:55:29.000 --> 02:55:35.320
 as well as calling out that our criteria manuals are now in one consolidated manual.

02:55:35.320 --> 02:55:38.720
 Although I do apologize, this needs to be indented in a little bit further.

02:55:38.720 --> 02:55:42.460
 But this does address the creation of the Denton Design Criteria Manual, which houses

02:55:42.460 --> 02:55:47.880
 all of our existing criteria manuals and also moves to amending these criteria manuals as

02:55:47.880 --> 02:55:48.880
 needed.

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

02:55:52.000 --> 02:55:55.760
 need arises for criteria manual amendments.

02:55:55.760 --> 02:55:59.580
 Having said all of that, this is consistent with our criteria for approval for text amendments

02:55:59.580 --> 02:56:03.840
 and staff is recommending approval as the amendments as presented and the next step

02:56:03.840 --> 02:56:05.600
 is City Council in July.

02:56:05.600 --> 02:56:10.200
 I'm happy to answer any questions you may have.

02:56:10.200 --> 02:56:13.040
 Questions for Angie?

02:56:13.040 --> 02:56:14.040
 Thank you very much.

02:56:14.040 --> 02:56:15.040
 Thank you.

02:56:15.040 --> 02:56:16.040
 Okay.

02:56:16.040 --> 02:56:17.040
 This is a public hearing.

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

02:56:21.880 --> 02:56:30.740
 public hearing and open the floor for a motion or discussion on the item.

02:56:30.740 --> 02:56:31.740
 Commissioner Villarreal.

02:56:31.740 --> 02:56:33.740
 Move approval.

02:56:33.740 --> 02:56:34.740
 Commissioner Cole?

02:56:34.740 --> 02:56:35.740
 Second.

02:56:35.740 --> 02:56:36.740
 Okay.

02:56:36.740 --> 02:56:38.600
 Got a first and a second for approval discussion.

02:56:38.600 --> 02:56:39.600
 Okay.

02:56:39.600 --> 02:56:46.920
 Let's go ahead and vote, please.

02:56:46.920 --> 02:56:48.520
 That motion carries 6-0.

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.

02:56:54.520 --> 02:56:56.640
 Thank you, Chair Ellis.

02:56:56.640 --> 02:57:00.600
 So with respect to the matrix, there were no additional items added at your last meeting,

02:57:00.600 --> 02:57:05.920
 so that remained as is given that we had the discussion regarding the P&Z reconsideration

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

02:57:09.680 --> 02:57:12.360
 from a public hearing perspective.

02:57:12.360 --> 02:57:14.080
 Several updates for you.

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

02:57:20.200 --> 02:57:21.200
 that project.

02:57:21.200 --> 02:57:24.520
 So a few items that you might be interested in.

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

02:57:30.760 --> 02:57:32.240
 that occurring.

02:57:32.240 --> 02:57:36.220
 The team is going to be doing additional engagement activities with the Juneteenth celebrations

02:57:36.220 --> 02:57:37.680
 that are happening this weekend.

02:57:37.680 --> 02:57:42.700
 Excuse me just a moment.

02:57:42.700 --> 02:57:48.740
 We also have slated for July 17th a special called Planning and Zoning Commission meeting

02:57:48.740 --> 02:57:50.800
 to be able to consider this item.

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

02:57:59.680 --> 02:58:00.680
 -- oh, I skipped a date.

02:58:00.680 --> 02:58:01.680
 Hold on.

02:58:01.680 --> 02:58:02.680
 Before we get to that.

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

02:58:07.480 --> 02:58:10.920
 that we would bring the action items before the commission for your consideration, so

02:58:10.920 --> 02:58:12.440
 we'll be doing that in the work session.

02:58:12.440 --> 02:58:14.840
 So I'm presuming all of that goes well.

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.

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

02:58:23.800 --> 02:58:25.720
 ensure that we've got quorum.

02:58:25.720 --> 02:58:30.200
 Also we may be scheduling some additional public hearings for that meeting as well since

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.

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.

02:58:42.360 --> 02:58:47.020
 With all of our intention, we're currently reviewing the final draft -- or the draft

02:58:47.020 --> 02:58:48.020
 document.

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

02:58:52.600 --> 02:58:53.880
 being able to move forward with that.

02:58:53.880 --> 02:58:58.600
 And then once we have -- if the commission is able to successfully recommend approval

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

02:59:03.320 --> 02:59:08.920
 I believe the date we're targeting for that is July 23rd for that project.

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

02:59:13.120 --> 02:59:14.120
 going on.

02:59:14.120 --> 02:59:17.720
 Downtown, you know, we continue to work on that.

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

02:59:23.400 --> 02:59:26.000
 finished our work, I believe, with the steering committee.

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

02:59:30.880 --> 02:59:33.520
 also for your consideration.

02:59:33.520 --> 02:59:39.600
 And right now I believe we are targeting your July 24th meeting date for that.

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

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

02:59:49.920 --> 02:59:52.360
 to address donation boxes.

02:59:52.360 --> 02:59:56.840
 Council did approve those ordinance amendments as presented, which was as recommended by

02:59:56.840 --> 02:59:57.840
 the commission.

02:59:57.840 --> 03:00:02.480
 Short-term rentals continues to live on.

03:00:02.480 --> 03:00:08.840
 That went before council and they continued that to the July 23rd meeting date to allow

03:00:08.840 --> 03:00:12.240
 staff to be able to meet with local realtors group.

03:00:12.240 --> 03:00:16.520
 There's some concern amongst local realtors that the proposed registration requirement

03:00:16.520 --> 03:00:21.360
 will lead to a rental registration program here within the city for all rental properties.

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

03:00:29.480 --> 03:00:33.460
 them and then going back to council on July 23rd.

03:00:33.460 --> 03:00:35.600
 That concludes my report, so thank you.

03:00:35.600 --> 03:00:37.280
 Thank you.

03:00:37.280 --> 03:00:39.040
 Anything to add to the matrix?

03:00:39.040 --> 03:00:40.040
 Commissioner Pruitt.

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

03:00:44.600 --> 03:00:52.840
 about the community engagement incentives policy and method of doing that.

03:00:52.840 --> 03:01:00.560
 And we talked about pushing or bringing that back at the next meeting on June 26th.

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.

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

03:01:12.540 --> 03:01:22.340
 the Southeast Denton discussion ... You're still not on.

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

03:01:28.720 --> 03:01:35.400
 removes the schedule pressure of a full agenda, I think that's fine with me anyway.

03:01:35.400 --> 03:01:37.040
 Yeah, I appreciate that suggestion.

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

03:01:40.840 --> 03:01:46.100
 discussion because I know we've got a good solid draft already assembled.

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

03:01:49.960 --> 03:01:50.960
 good shape.

03:01:50.960 --> 03:01:54.960
 So it's good to know that that offer is out there.

03:01:54.960 --> 03:01:55.960
 Thank you.

03:01:55.960 --> 03:01:56.960
 Yes.

03:01:56.960 --> 03:01:58.600
 Anything else for the matrix?

03:01:58.600 --> 03:01:59.600
 Concluding items?

03:01:59.600 --> 03:02:00.600
 Okay.

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

03:02:09.120 --> 03:02:10.920
 adjourn us at 8.28 PM.

03:02:10.920 --> 03:02:13.120
 See you at the next one.

