1 00:00:00,000 --> 00:00:04,840 >> Good afternoon and welcome to the City of Denton's Planning and Zoning Commission 2 00:00:04,840 --> 00:00:08,920 meeting for Wednesday, September 11th, 2024. 3 00:00:08,920 --> 00:00:13,560 With the quorum present, I will call us to order at 5.05 p.m. 4 00:00:13,560 --> 00:00:20,720 For the record, let it show that Commissioner Padrone is absent at this time. 5 00:00:20,720 --> 00:00:27,160 With our work session, our first item on the agenda is citizen comment on consent agenda. 6 00:00:27,160 --> 00:00:30,680 Is there anyone wishing to speak on consent? 7 00:00:30,680 --> 00:00:32,360 Okay. 8 00:00:32,360 --> 00:00:35,920 We'll go ahead and move to clarification on tonight's agenda. 9 00:00:35,920 --> 00:00:39,000 The first one being our minutes from August 28th. 10 00:00:39,000 --> 00:00:42,560 Any questions for staff on that? 11 00:00:42,560 --> 00:00:44,000 Okay. 12 00:00:44,000 --> 00:00:47,800 How about on the consent agenda? 13 00:00:47,800 --> 00:00:52,260 I did have a question, and she -- might as well -- yeah, I mean, you're the first one 14 00:00:52,260 --> 00:00:53,260 on here. 15 00:00:53,260 --> 00:01:00,920 Because it has to do with a couple on here, but it's more of a general question, if you 16 00:01:00,920 --> 00:01:01,920 don't mind. 17 00:01:01,920 --> 00:01:02,920 >> Yeah. 18 00:01:02,920 --> 00:01:03,920 Absolutely. 19 00:01:03,920 --> 00:01:12,560 >> So on this -- it has to just do with consistency, and when we have gas well in the vicinity 20 00:01:12,560 --> 00:01:14,640 of a residential neighborhood. 21 00:01:14,640 --> 00:01:15,640 >> Yes. 22 00:01:15,640 --> 00:01:22,400 >> So on this plat for Glenwood Meadows, we don't have the asterisks on the lots. 23 00:01:22,400 --> 00:01:27,120 We do have the note, I noticed, but we don't have the asterisks on the lots, and we don't 24 00:01:27,120 --> 00:01:31,800 have a gas well vicinity map like we do in 3E. 25 00:01:31,800 --> 00:01:38,400 So I'm trying to understand why that is, why we do it inconsistently like that. 26 00:01:38,400 --> 00:01:39,400 >> Sure. 27 00:01:39,400 --> 00:01:42,000 >> Can you help me with that? 28 00:01:42,000 --> 00:01:49,440 >> So for this one, we do ask that they identify or note the plat -- the lots within the vicinity 29 00:01:49,440 --> 00:01:50,440 of the gas well. 30 00:01:50,440 --> 00:01:53,040 >> I saw it on the notes. 31 00:01:53,040 --> 00:02:00,240 >> Sure, and they did identify them on the notes. 32 00:02:00,240 --> 00:02:04,920 >> So we just don't have a -- this is how we should do it? 33 00:02:04,920 --> 00:02:07,160 >> They are in addition to that required too. 34 00:02:07,160 --> 00:02:13,160 We have a standard form that needs to be provided to individuals who may be purchasing lots 35 00:02:13,160 --> 00:02:17,960 within those areas, and they are covering the bases with that. 36 00:02:17,960 --> 00:02:21,840 I felt comfortable with the note and that it does meet the intent of the DDC. 37 00:02:21,840 --> 00:02:27,240 >> And I'm not questioning you, I'm questioning the process and why we do it differently. 38 00:02:27,240 --> 00:02:30,360 >> I was going to say we have no standard regarding that. 39 00:02:30,360 --> 00:02:31,360 >> Okay. 40 00:02:31,360 --> 00:02:32,360 That's what I wanted to know. 41 00:02:32,360 --> 00:02:35,480 >> We have so many plots that are reviewed and so many reviewers. 42 00:02:35,480 --> 00:02:40,840 We have checklists and we use the DDC to ensure notations are -- the required notations are 43 00:02:40,840 --> 00:02:41,840 on the plat. 44 00:02:41,840 --> 00:02:42,840 >> Okay. 45 00:02:42,840 --> 00:02:47,360 >> But each reviewer might have a little bit of a different perspective on how it's noted 46 00:02:47,360 --> 00:02:50,040 and just looking to see, okay, is it noted? 47 00:02:50,040 --> 00:02:51,040 How is it done? 48 00:02:51,040 --> 00:02:54,920 Are we able to confirm that, yes, it's complying with the ordinance requirement? 49 00:02:54,920 --> 00:02:58,640 >> I thought a while back that we -- and maybe it just wasn't put into play. 50 00:02:58,640 --> 00:03:03,800 I thought we talked about they should all have an asterisk on them. 51 00:03:03,800 --> 00:03:08,200 But anyway, I wish they did, because it speaks a lot clearer, a lot of people don't read 52 00:03:08,200 --> 00:03:09,200 notes. 53 00:03:09,200 --> 00:03:13,560 I mean, hopefully they do when, you know, they're looking at this plat in better detail. 54 00:03:13,560 --> 00:03:17,920 But, okay, that is for my question as to why they're different. 55 00:03:17,920 --> 00:03:18,920 >> Great. 56 00:03:18,920 --> 00:03:20,560 >> Thank you very much. 57 00:03:20,560 --> 00:03:23,200 Any other questions on consent? 58 00:03:23,200 --> 00:03:24,840 Okay. 59 00:03:24,840 --> 00:03:32,440 Items for individual consideration is -- first one is 4AFP240032. 60 00:03:32,440 --> 00:03:35,440 That is Erin. 61 00:03:35,440 --> 00:03:36,440 Hello. 62 00:03:36,440 --> 00:03:37,440 >> Hello. 63 00:03:37,440 --> 00:03:43,520 Good evening, Chair, members of the commission, Erin Stanley, assistant planner. 64 00:03:43,520 --> 00:03:49,200 This is a final plat for the RYAL development edition. 65 00:03:49,200 --> 00:03:53,960 They previously were requesting an extension request, their first extension, but they managed 66 00:03:53,960 --> 00:03:58,540 to satisfy all the comments between when your packet went out and this. 67 00:03:58,540 --> 00:04:01,360 So we are actually recommending approval tonight of this plot. 68 00:04:01,360 --> 00:04:04,240 But I'll stand for any questions. 69 00:04:04,240 --> 00:04:09,040 >> Did that actually come out in e-mail to us? 70 00:04:09,040 --> 00:04:10,680 >> We did not send an e-mail, no. 71 00:04:10,680 --> 00:04:11,680 >> Okay. 72 00:04:11,680 --> 00:04:13,480 So we didn't see the -- so what was the change? 73 00:04:13,480 --> 00:04:18,920 What is different than what we have in our backup NWINE? 74 00:04:18,920 --> 00:04:24,120 >> All of the -- in the staff analysis, all of the conditions that they had not met, they 75 00:04:24,120 --> 00:04:26,120 met all of those. 76 00:04:26,120 --> 00:04:30,760 I can -- for the main presentation, I can detail those if you'd like. 77 00:04:30,760 --> 00:04:38,040 But they just -- they met all of the criteria for plat approval. 78 00:04:38,040 --> 00:04:41,760 >> Okay. 79 00:04:41,760 --> 00:04:42,760 Questions on that? 80 00:04:42,760 --> 00:04:44,360 >> Could I ask a follow-up question? 81 00:04:44,360 --> 00:04:46,720 Did anything graphically change on the document? 82 00:04:46,720 --> 00:04:47,720 >> No. 83 00:04:47,720 --> 00:04:52,920 It was more labeling things and making sure like all -- maybe all easements are shown or 84 00:04:52,920 --> 00:04:59,540 all -- one of the things they added was you can see these overhead electric markers, essentially. 85 00:04:59,540 --> 00:05:06,560 It's just the zone that they need to work in or that they cannot develop in, they added 86 00:05:06,560 --> 00:05:10,240 those because they weren't previously shown, and that's one of our checklist requirements 87 00:05:10,240 --> 00:05:13,160 to add just mainly checklist things. 88 00:05:13,160 --> 00:05:14,160 >> Okay. 89 00:05:14,160 --> 00:05:15,160 Okay. 90 00:05:15,160 --> 00:05:16,160 Okay. 91 00:05:16,160 --> 00:05:17,160 But nothing's substantive. 92 00:05:17,160 --> 00:05:18,160 >> No. 93 00:05:18,160 --> 00:05:19,160 >> Okay. 94 00:05:19,160 --> 00:05:22,160 >> Thank you. 95 00:05:22,160 --> 00:05:23,160 Okay. 96 00:05:23,160 --> 00:05:29,160 4B is FP240033. 97 00:05:29,160 --> 00:05:36,760 >> Hello, Angie Manglaris, development review manager. 98 00:05:36,760 --> 00:05:39,760 This is FP240033. 99 00:05:39,760 --> 00:05:42,880 This is Stella Hills, phase 2A. 100 00:05:42,880 --> 00:05:48,040 This is approximately located 1,500 feet south of East McKinney Street into the east of Laney 101 00:05:48,040 --> 00:05:49,040 Circle. 102 00:05:49,040 --> 00:05:51,180 This is a 21-acre tract of land. 103 00:05:51,180 --> 00:05:56,400 The purpose of the final plat is to develop -- or to plat 85 single-family lots as well 104 00:05:56,400 --> 00:05:58,720 as establish right-of-way and necessary easements. 105 00:05:58,720 --> 00:06:04,200 This is part of the overall Stella Hills development, which is zoned residential 6. 106 00:06:04,200 --> 00:06:08,000 At this time, the applicant has not met all the criteria for approval. 107 00:06:08,000 --> 00:06:10,440 There's still some details to be met. 108 00:06:10,440 --> 00:06:12,920 So staff is recommending denial. 109 00:06:12,920 --> 00:06:17,560 However, staff has no objection to the requested extension, which could be granted to October 110 00:06:17,560 --> 00:06:18,560 9th. 111 00:06:18,560 --> 00:06:20,880 This would be their first extension request. 112 00:06:20,880 --> 00:06:22,600 Happy to answer any questions you all may have. 113 00:06:22,600 --> 00:06:24,600 >> Thank you, Angie. 114 00:06:24,600 --> 00:06:25,600 Questions? 115 00:06:25,600 --> 00:06:26,600 Okay. 116 00:06:26,600 --> 00:06:27,600 Thank you. 117 00:06:27,600 --> 00:06:33,480 Last individual consideration item is FP240034, that is yours as well. 118 00:06:33,480 --> 00:06:34,480 >> Yes. 119 00:06:34,480 --> 00:06:37,800 This is Stella Hills, phase 2B. 120 00:06:37,800 --> 00:06:40,420 This is approximately 15 acres. 121 00:06:40,420 --> 00:06:45,760 It would establish 52 single-family lots and open space lot as well as associated rights 122 00:06:45,760 --> 00:06:50,280 of way and easements necessary for the development of a single-family residential neighborhood. 123 00:06:50,280 --> 00:06:52,840 Again, there are a few remaining comments. 124 00:06:52,840 --> 00:06:57,600 Staff is recommending denial, but has no objection to the extension request, which could be granted 125 00:06:57,600 --> 00:07:00,680 to October 9th and would also be their first request for this item. 126 00:07:00,680 --> 00:07:02,680 Happy to answer any questions. 127 00:07:02,680 --> 00:07:07,920 >> Thank you. 128 00:07:07,920 --> 00:07:08,920 >> Okay. 129 00:07:08,920 --> 00:07:09,920 We've got two public hearings tonight. 130 00:07:09,920 --> 00:07:10,920 First being 5A PD240002. 131 00:07:10,920 --> 00:07:19,160 Ashley is here for a brief presentation here in work session. 132 00:07:19,160 --> 00:07:20,160 Hi. 133 00:07:20,160 --> 00:07:28,280 >> Good evening, Chair, members of the commission, Ashley Eckstead, associate planner. 134 00:07:28,280 --> 00:07:31,880 This is PD242, Jefferson North Elm. 135 00:07:31,880 --> 00:07:36,000 This is a request to rezone from a residential 2 zoning district to a planned development 136 00:07:36,000 --> 00:07:41,080 with mixed-use neighborhood and public facilities-based zoning districts to facilitate the development 137 00:07:41,080 --> 00:07:43,720 of a multi-family and park dedication. 138 00:07:43,720 --> 00:07:48,080 This site is generally located on the northwest corner of North Elm Street and North Locust 139 00:07:48,080 --> 00:07:49,320 Street. 140 00:07:49,320 --> 00:07:54,560 The multi-family portion will include four buildings, approximately 54 feet tall, containing 141 00:07:54,560 --> 00:07:58,840 450 dwelling units on 15.76 acres. 142 00:07:58,840 --> 00:08:04,880 The park portion will be 10.2 acres and include tree preservation and a trail. 143 00:08:04,880 --> 00:08:09,320 There is currently an existing farmhouse on the site that will be removed and an Evers 144 00:08:09,320 --> 00:08:13,480 Memorial and educational area will be created in that location. 145 00:08:13,480 --> 00:08:18,360 The existing zoning is R2 shown here and the future land use is neighborhood mixed-use. 146 00:08:18,360 --> 00:08:21,560 Staff does recommend approval and I have a longer presentation for the public hearing 147 00:08:21,560 --> 00:08:23,520 and happy to answer any questions. 148 00:08:23,520 --> 00:08:24,520 >> Great. 149 00:08:24,520 --> 00:08:25,520 Thank you. 150 00:08:25,520 --> 00:08:26,520 What questions? 151 00:08:26,520 --> 00:08:29,000 Well, Commissioner Villarreal. 152 00:08:29,000 --> 00:08:30,000 >> Thank you, Chair. 153 00:08:30,000 --> 00:08:35,280 Will staff be going over the potential historical nature of the Evers Farmhouse during the public 154 00:08:35,280 --> 00:08:36,280 hearing? 155 00:08:36,280 --> 00:08:41,400 >> I am going to discuss what the conclusions were -- what conclusions we came to on that, 156 00:08:41,400 --> 00:08:43,840 which was that it had lost its historical integrity. 157 00:08:43,840 --> 00:08:44,840 >> Got it. 158 00:08:44,840 --> 00:08:46,720 Is that because there was too many renovations done? 159 00:08:46,720 --> 00:08:47,720 >> Exactly. 160 00:08:47,720 --> 00:08:48,720 Yes. 161 00:08:48,720 --> 00:08:49,720 >> Okay. 162 00:08:49,720 --> 00:08:50,720 And you'll be going over that? 163 00:08:50,720 --> 00:08:51,720 >> Yes. 164 00:08:51,720 --> 00:08:52,720 >> Okay. 165 00:08:52,720 --> 00:08:53,720 >> Thank you. 166 00:08:53,720 --> 00:08:57,600 Any other questions? 167 00:08:57,600 --> 00:08:58,600 Okay. 168 00:08:58,600 --> 00:09:00,680 Thank you. 169 00:09:00,680 --> 00:09:12,440 Next will be 5BZ240002, Aaron's item. 170 00:09:12,440 --> 00:09:16,360 >> Okay. 171 00:09:16,360 --> 00:09:19,160 This is Mockingbird Lane rezoning. 172 00:09:19,160 --> 00:09:25,760 So this is approximately 2.6 acres that they are requesting to rezone from R2 to R4, generally 173 00:09:25,760 --> 00:09:32,680 located south of Audre Lane and east of Mockingbird Lane, and this property is undeveloped and 174 00:09:32,680 --> 00:09:38,520 has been undeveloped since roughly its annexation in 1960. 175 00:09:38,520 --> 00:09:40,640 Staff is recommending approval tonight. 176 00:09:40,640 --> 00:09:42,640 Here are the two zoning maps. 177 00:09:42,640 --> 00:09:47,320 You can see here of what they're currently and what they're requesting, and I will stand 178 00:09:47,320 --> 00:09:48,720 for any questions you have right now. 179 00:09:48,720 --> 00:09:52,080 I'll have a longer presentation later tonight. 180 00:09:52,080 --> 00:09:55,960 >> Questions? 181 00:09:55,960 --> 00:09:59,480 My hope is that you all had a chance to look at past meetings. 182 00:09:59,480 --> 00:10:07,120 This came before us three different times for a similar -- similar and not so similar 183 00:10:07,120 --> 00:10:08,120 request. 184 00:10:08,120 --> 00:10:11,880 So, yeah, it's interesting that it's here again. 185 00:10:11,880 --> 00:10:14,240 Neighborhood meeting was not held, correct, for this? 186 00:10:14,240 --> 00:10:15,240 >> Correct. 187 00:10:15,240 --> 00:10:17,880 The applicant's not proposing any site plan right now. 188 00:10:17,880 --> 00:10:19,240 They have no development plans. 189 00:10:19,240 --> 00:10:23,400 So they chose not to have a neighborhood meeting, but they did meet directly with some of the 190 00:10:23,400 --> 00:10:24,400 adjacent neighbors. 191 00:10:24,400 --> 00:10:25,400 >> Okay. 192 00:10:25,400 --> 00:10:26,400 Will they be here this evening? 193 00:10:26,400 --> 00:10:27,400 >> They will be. 194 00:10:27,400 --> 00:10:28,400 >> Okay. 195 00:10:28,400 --> 00:10:29,400 Any questions? 196 00:10:29,400 --> 00:10:30,400 Commissioner Villarreal? 197 00:10:30,400 --> 00:10:38,760 >> Do you know, at least from your perspective, I don't know if you've had conversations 198 00:10:38,760 --> 00:10:43,640 with them about this, but why did they decide not to do a public meeting considering the 199 00:10:43,640 --> 00:10:47,520 contentious nature of previous P&Z meetings around this? 200 00:10:47,520 --> 00:10:49,960 >> I did tell him about that. 201 00:10:49,960 --> 00:10:55,640 I suggested to do a public meeting, and he's here tonight to speak to why he didn't feel 202 00:10:55,640 --> 00:10:56,640 that was necessary. 203 00:10:56,640 --> 00:11:01,640 I think because they don't have a site plan, it's a little difficult or there's less to 204 00:11:01,640 --> 00:11:06,120 present with a public meeting if you don't have a site plan proposed already. 205 00:11:06,120 --> 00:11:07,120 >> Gotcha. 206 00:11:07,120 --> 00:11:08,120 Thank you. 207 00:11:08,120 --> 00:11:09,120 I'll ask him during session. 208 00:11:09,120 --> 00:11:14,960 >> And I assume he knows the history of what's been -- I mean, I know you weren't here, so 209 00:11:14,960 --> 00:11:18,000 I know you have a long history with it, but -- 210 00:11:18,000 --> 00:11:20,400 >> I do not believe he's watched the previous meetings. 211 00:11:20,400 --> 00:11:26,000 I could be wrong about that, but he's aware that this has gone before you before. 212 00:11:26,000 --> 00:11:27,000 >> Okay. 213 00:11:27,000 --> 00:11:28,000 Anything else? 214 00:11:28,000 --> 00:11:29,000 Commissioner Thacker? 215 00:11:29,000 --> 00:11:30,000 >> Thank you, Chair. 216 00:11:30,000 --> 00:11:47,440 I'm looking in the backup appeal 1.1, and it says that there have not been significant 217 00:11:47,440 --> 00:11:52,600 changes in the area to warrant a zoning change, only that this property is catching up with 218 00:11:52,600 --> 00:11:55,760 rezoning in accordance to the surrounding residential areas. 219 00:11:55,760 --> 00:12:00,480 >> I go back to kind of what Margie was saying, if there haven't been that many changes made, 220 00:12:00,480 --> 00:12:06,880 then why are we discussing this for the fourth time? 221 00:12:06,880 --> 00:12:12,240 >> So the property is undeveloped, and it has been since the '60s. 222 00:12:12,240 --> 00:12:19,600 And so staff has received several requests for this rezoning in the past. 223 00:12:19,600 --> 00:12:23,800 The applicant could speak to why they're requesting it now, I suppose. 224 00:12:23,800 --> 00:12:30,280 And the changes in the area -- I do have this map to kind of show -- when it was initially 225 00:12:30,280 --> 00:12:37,400 zoned, I mean, there hasn't been one significant change to warrant this, but you can kind of 226 00:12:37,400 --> 00:12:41,380 see the development pattern here, and it is a bit splotchy in the area. 227 00:12:41,380 --> 00:12:46,560 And so that's -- what you read in the backup is kind of explaining this, the splotchy development 228 00:12:46,560 --> 00:12:48,920 pattern and how it's developed over time. 229 00:12:48,920 --> 00:12:51,520 >> If I could add something. 230 00:12:51,520 --> 00:12:56,040 So the applicant also has a one-year limitation that they have to satisfy. 231 00:12:56,040 --> 00:13:01,080 So they've done that since the last action that was considered on the property, at least 232 00:13:01,080 --> 00:13:03,920 by the Planning and Zoning Commission, was November of 2020. 233 00:13:03,920 --> 00:13:13,720 So when we have cases, even if they were denied, they have to wait one year, or the exception 234 00:13:13,720 --> 00:13:18,160 to the one-year requirement is if there was a significant change in conditions that would 235 00:13:18,160 --> 00:13:21,920 warrant bringing the case back sooner than later. 236 00:13:21,920 --> 00:13:32,920 >> And I believe this case in 20 -- let's see, it was 2019, then it didn't go to council, 237 00:13:32,920 --> 00:13:36,840 then it came back to P&Z and was denied. 238 00:13:36,840 --> 00:13:42,840 And then I think it went to council, and then it was remanded back to P&Z and denied, and 239 00:13:42,840 --> 00:13:44,440 then it never did anything. 240 00:13:44,440 --> 00:13:53,640 I think at that time they had a 20% opposition in the neighborhood, I think, from what I 241 00:13:53,640 --> 00:13:54,640 remember. 242 00:13:54,640 --> 00:13:59,120 And maybe that's why they never -- because they never took it back to council then after 243 00:13:59,120 --> 00:14:02,240 the denial from P&Z. 244 00:14:02,240 --> 00:14:06,200 Yeah, and that was -- and they did have a site plan. 245 00:14:06,200 --> 00:14:12,440 It was an R4 request with, at that time we called them overlays, but basically it -- yeah, 246 00:14:12,440 --> 00:14:19,200 that attached that particular site plan to that zoning request that was denied. 247 00:14:19,200 --> 00:14:25,720 You know, my big issue with this piece of land is, you know, we're trying to make it 248 00:14:25,720 --> 00:14:33,920 akin to R4, like that south street behind maybe what's across Mockingbird, but when 249 00:14:33,920 --> 00:14:39,020 you go to this area and when you look at it, it just sits amongst all these larger parcels 250 00:14:39,020 --> 00:14:45,920 that have been there, and it's an odd -- it is an odd lot. 251 00:14:45,920 --> 00:14:49,360 There's no doubt about that. 252 00:14:49,360 --> 00:14:52,800 You know, it's certainly changed ownership many times. 253 00:14:52,800 --> 00:14:59,440 I know the current owner has had it on the market as well for over a year, so -- okay, 254 00:14:59,440 --> 00:15:00,440 I don't have any other questions. 255 00:15:00,440 --> 00:15:01,440 Anybody else? 256 00:15:01,440 --> 00:15:02,440 Okay. 257 00:15:02,440 --> 00:15:03,440 Thank you. 258 00:15:03,440 --> 00:15:13,480 Okay, that is our agenda review for this evening, so that'll take us to our work session report, 259 00:15:13,480 --> 00:15:17,320 which is 3A PZ 24184. 260 00:15:17,320 --> 00:15:18,320 Receive a report. 261 00:15:18,320 --> 00:15:23,360 Hold a discussion regarding tree preservation, landscaping, and protection, and preservation 262 00:15:23,360 --> 00:15:26,600 of environmentally sensitive area requirements for new development. 263 00:15:26,600 --> 00:15:27,600 Hi, Chrissy. 264 00:15:27,600 --> 00:15:28,600 Hi. 265 00:15:28,600 --> 00:15:44,600 Hi, Chrissy Upton, Environmental Compliance Coordinator, and tonight I'm going to start 266 00:15:44,600 --> 00:15:49,640 off this presentation, and then I'm going to hand it over to my coworkers. 267 00:15:49,640 --> 00:15:54,240 So tonight we're going to be presenting on the environmentally sensitive areas and the 268 00:15:54,240 --> 00:15:59,840 review of that tree preservation requirements, landscape and landscape code. 269 00:15:59,840 --> 00:16:00,840 Is that better? 270 00:16:00,840 --> 00:16:01,840 Yeah, somehow it's a little echoing. 271 00:16:01,840 --> 00:16:02,840 I'm not sure why. 272 00:16:02,840 --> 00:16:03,840 Okay. 273 00:16:03,840 --> 00:16:08,840 Maybe -- oh, no, I just made it worse. 274 00:16:08,840 --> 00:16:09,840 Okay. 275 00:16:09,840 --> 00:16:14,760 And then Jimmy will have more fun because he's super tall. 276 00:16:14,760 --> 00:16:15,760 Okay. 277 00:16:15,760 --> 00:16:16,760 Is this better now? 278 00:16:16,760 --> 00:16:17,760 Okay. 279 00:16:17,760 --> 00:16:18,760 Yeah, I think so. 280 00:16:18,760 --> 00:16:19,760 Thank you. 281 00:16:19,760 --> 00:16:25,640 So transitioning into the environmentally sensitive areas presentation. 282 00:16:25,640 --> 00:16:29,720 Some of you have seen some of this information before. 283 00:16:29,720 --> 00:16:33,320 Just want to go back over it for everybody's sake. 284 00:16:33,320 --> 00:16:38,400 So there are benefits that these environmentally sensitive areas offer to the community and 285 00:16:38,400 --> 00:16:46,760 to landowners, including the stabilization of the banks and the streams, preventing those 286 00:16:46,760 --> 00:16:49,440 streams from down cutting. 287 00:16:49,440 --> 00:16:59,360 The economic values, including the sequestration and -- of pollutants of concern, and carbon 288 00:16:59,360 --> 00:17:05,080 sequestration that especially trees offer. 289 00:17:05,080 --> 00:17:11,120 There are four different environmentally sensitive areas identified in the development code. 290 00:17:11,120 --> 00:17:16,800 So the development code is setting that standard into which ones we are regulating. 291 00:17:16,800 --> 00:17:20,960 First of all is undeveloped flood plains or flood plains are generally in their natural 292 00:17:20,960 --> 00:17:21,960 state. 293 00:17:21,960 --> 00:17:28,480 We have riparian buffers or land that is immediately adjacent to the waterways, those vegetative 294 00:17:28,480 --> 00:17:30,360 buffers. 295 00:17:30,360 --> 00:17:36,880 Water-related habitats include water-related -- sorry, wetlands, Corps of Engineers and 296 00:17:36,880 --> 00:17:44,200 Waters of the U.S. wetlands, and bottomland harvest forests, and then crust timbers uplands, 297 00:17:44,200 --> 00:17:51,600 which are oak dominated savannas. 298 00:17:51,600 --> 00:17:58,840 The -- historically, the city had adopted this official ESA map. 299 00:17:58,840 --> 00:18:05,760 This was created in the early 2000s, and when it was adopted, it was more of a placeholder. 300 00:18:05,760 --> 00:18:11,840 Here's in general where we believe that these environmentally sensitive areas may exist. 301 00:18:11,840 --> 00:18:17,760 This information is updated by private landowners when those landowners are coming and seeking 302 00:18:17,760 --> 00:18:20,360 development of their property. 303 00:18:20,360 --> 00:18:24,680 That triggers for us to require this ESA field assessment. 304 00:18:24,680 --> 00:18:30,360 Somebody walks the site and identifies -- confirms the presence, the location, and the extent 305 00:18:30,360 --> 00:18:35,680 of these environmentally sensitive areas on that private property at that time. 306 00:18:35,680 --> 00:18:41,840 You can find all of the information and the current status of this map on the interactive 307 00:18:41,840 --> 00:18:42,840 map. 308 00:18:42,840 --> 00:18:47,800 I'm going to introduce to you the development impact area at this time. 309 00:18:47,800 --> 00:18:54,040 I'm going to insert here on this because I want to share with you how our development 310 00:18:54,040 --> 00:19:01,560 impact area definition interacts with how our site plans are designed -- how it interplays 311 00:19:01,560 --> 00:19:04,720 with the site plans in the environmentally sensitive areas. 312 00:19:04,720 --> 00:19:11,760 So the development impact area states that any man-made changes or improvements are unimproved 313 00:19:11,760 --> 00:19:18,920 to the unimproved real estate, including construction of alterations of that land, roads, parking, 314 00:19:18,920 --> 00:19:24,800 grading, anything that essentially is a land disturbance goes into this development impact 315 00:19:24,800 --> 00:19:29,680 area as it's defined. 316 00:19:29,680 --> 00:19:36,440 So in this example, I have a site plan here that's showing you a development impact area 317 00:19:36,440 --> 00:19:43,040 in the brownish color, and that bluish area is the environmentally sensitive area. 318 00:19:43,040 --> 00:19:53,880 As you can see, this property owner has designed their site layout to avoid developments impacts 319 00:19:53,880 --> 00:19:57,400 to the environmentally sensitive area. 320 00:19:57,400 --> 00:20:03,640 So in general, we're applying this requirement to all land within the city -- Floodplain 321 00:20:03,640 --> 00:20:09,680 and the ETJ -- and each one of those environmentally sensitive areas do have their own unique classifications 322 00:20:09,680 --> 00:20:12,400 and protection requirements. 323 00:20:12,400 --> 00:20:19,320 And I review each of these developments at the final plat as the final time that I'm 324 00:20:19,320 --> 00:20:25,400 looking at it to confirm that the project is proposing a site plan that meets those 325 00:20:25,400 --> 00:20:27,520 criteria for approval. 326 00:20:27,520 --> 00:20:31,480 I'm working with them throughout the life of the projects from the very beginning and 327 00:20:31,480 --> 00:20:35,360 talking to them about how to comply. 328 00:20:35,360 --> 00:20:44,040 And there are instances where property owners identify for various reasons that they're 329 00:20:44,040 --> 00:20:48,200 not going to be able to meet that criteria for approval. 330 00:20:48,200 --> 00:20:57,440 They are seeking that flexible and discretionary approval for mitigation to offset for a deviation 331 00:20:57,440 --> 00:21:02,280 from those protection and preservation requirements of environmentally sensitive areas. 332 00:21:02,280 --> 00:21:11,080 This project type, the developer offers up a mitigation plan, and then it goes through 333 00:21:11,080 --> 00:21:18,280 an approval process that is very similar to the zoning procedure, where there's two public 334 00:21:18,280 --> 00:21:22,520 hearings, one at this body and one at the city council, where you're making a recommendation 335 00:21:22,520 --> 00:21:28,880 to the city council, who is the final authority on approval of those environmental -- alternative 336 00:21:28,880 --> 00:21:32,520 and environmentally sensitive area plans. 337 00:21:32,520 --> 00:21:38,560 There is a criteria for approval for those type of projects, including to either restore 338 00:21:38,560 --> 00:21:46,400 the functions or continue to offer some type of benefit that the disturbed, environmentally 339 00:21:46,400 --> 00:21:50,640 sensitive area offered prior to that land disturbance. 340 00:21:50,640 --> 00:21:58,240 And in this example we have here, the property owner, they identified that they would need 341 00:21:58,240 --> 00:22:04,600 to make some encroachments in order to construct their outfalls to the center line of the channel, 342 00:22:04,600 --> 00:22:10,760 and the mitigation plan is to establish native vegetation within those areas where they had 343 00:22:10,760 --> 00:22:12,800 disturbed. 344 00:22:12,800 --> 00:22:21,360 Lastly, just to let everybody know that there is a website and document that we put together 345 00:22:21,360 --> 00:22:22,360 several years ago. 346 00:22:22,360 --> 00:22:24,120 We called it ESA primer. 347 00:22:24,120 --> 00:22:32,040 It's not a criteria manual, and it's not a standard, but it's rather just a guidance 348 00:22:32,040 --> 00:22:37,920 document to provide information about all the complexities of the environmentally sensitive 349 00:22:37,920 --> 00:22:41,120 area and our code and how to comply. 350 00:22:41,120 --> 00:22:44,320 And with that, I'm going to turn it over to Jimmy Holtford. 351 00:22:44,320 --> 00:22:48,280 Thank you. 352 00:22:48,280 --> 00:22:54,200 Hopefully that still works. 353 00:22:54,200 --> 00:22:55,200 All right. 354 00:22:55,200 --> 00:22:57,240 So probably you all have never met me. 355 00:22:57,240 --> 00:22:58,240 My name is Jimmy Holtford. 356 00:22:58,240 --> 00:23:03,140 I'm one of the landscape planners I'll be presenting tonight, and my topic of discussion 357 00:23:03,140 --> 00:23:05,560 is about tree preservation. 358 00:23:05,560 --> 00:23:10,920 So there are two standards that we try to adhere to when new developments come in, specifically 359 00:23:10,920 --> 00:23:15,960 when you see like a planned development or a specific use permit or SUP. 360 00:23:15,960 --> 00:23:19,320 The minimum preservation that we're aiming for when development initially comes in is 361 00:23:19,320 --> 00:23:23,520 30% of quality and heritage trees. 362 00:23:23,520 --> 00:23:30,360 If they cannot meet that minimum preservation, they are allowed to drop down to 20% with 363 00:23:30,360 --> 00:23:35,400 higher mitigation requirements for those quality and heritage trees. 364 00:23:35,400 --> 00:23:42,840 There's also another preservation standard for secondary trees. 365 00:23:42,840 --> 00:23:47,400 If they have just secondary trees on site, they can do a minimum preservation of 20% 366 00:23:47,400 --> 00:23:49,560 as well on that. 367 00:23:49,560 --> 00:23:55,360 So tonight you'll have a couple of plants that will be presented that talk about mitigation 368 00:23:55,360 --> 00:23:57,040 on those. 369 00:23:57,040 --> 00:24:03,520 And so at the very end of a project, say it switches hands from one owner to another, 370 00:24:03,520 --> 00:24:08,920 that future owner is going to be aware of that mitigation that was owed when they decided 371 00:24:08,920 --> 00:24:12,120 to purchase the property. 372 00:24:12,120 --> 00:24:16,480 So we'll start talking about tree definition types. 373 00:24:16,480 --> 00:24:22,120 So the first one is heritage, and heritage are all quality trees with the DBH greater 374 00:24:22,120 --> 00:24:28,960 than 18 inches, and any post oak trees that are six inches and greater. 375 00:24:28,960 --> 00:24:33,000 So then that transitions into smaller trees, which are quality. 376 00:24:33,000 --> 00:24:38,160 Those are healthy non-secondary trees, except post oaks, because they all fall within the 377 00:24:38,160 --> 00:24:39,160 heritage. 378 00:24:39,160 --> 00:24:41,800 They measure between six and 18 inches. 379 00:24:41,800 --> 00:24:47,640 And then finally we have secondary trees, which are your healthy ash, your boat arks 380 00:24:47,640 --> 00:24:55,480 or Osage orange, hackberries and cottonwood trees with the DBH of six inches or greater. 381 00:24:55,480 --> 00:24:57,440 Then we have some non-protected trees. 382 00:24:57,440 --> 00:25:02,680 Those are your trees, you go onto site, they're already dead or they're diseased from various 383 00:25:02,680 --> 00:25:06,180 insects or maybe fungal issues. 384 00:25:06,180 --> 00:25:09,280 Trees that could pose an imminent danger, maybe they got struck by lightning all of 385 00:25:09,280 --> 00:25:13,600 a sudden, or maybe a windstorm came and they started leaning over. 386 00:25:13,600 --> 00:25:19,520 And then you have your crepe murals, ornamental pears, which are typically Bradford pears. 387 00:25:19,520 --> 00:25:24,640 Your mesquite and honey locusts, they would be non-protected unless they fall within a 388 00:25:24,640 --> 00:25:27,240 preserved habitat or conservation easement. 389 00:25:27,240 --> 00:25:33,800 And then any trees listed within Texas Department of Agriculture or TDAs, noxious and invasive 390 00:25:33,800 --> 00:25:35,080 plant list. 391 00:25:35,080 --> 00:25:37,880 Finally, we have landmark trees. 392 00:25:37,880 --> 00:25:42,920 So this is actually a picture of one of our five landmark trees within the city. 393 00:25:42,920 --> 00:25:46,400 It's a 40 plus inch post oak. 394 00:25:46,400 --> 00:25:51,480 And landmark trees are just really large trees or trees that are designated within Texas 395 00:25:51,480 --> 00:25:57,880 Big Tree Registry or that have some kind of historical significance within the city. 396 00:25:57,880 --> 00:26:05,200 So when someone submits a tree preservation plan on a new development, they're going to 397 00:26:05,200 --> 00:26:08,800 have to identify where the fencing is going to be installed around the trees. 398 00:26:08,800 --> 00:26:11,900 So this is an example of how it should look. 399 00:26:11,900 --> 00:26:15,980 If you don't see it like this, let us know. 400 00:26:15,980 --> 00:26:19,920 But it should go all the way out to at least the drip line of the tree or critical root 401 00:26:19,920 --> 00:26:21,120 zone. 402 00:26:21,120 --> 00:26:25,520 And so you can see where the red is showing how far the drip line is of these two trees 403 00:26:25,520 --> 00:26:28,520 that are being protected. 404 00:26:28,520 --> 00:26:32,040 So tree replacement on a site. 405 00:26:32,040 --> 00:26:39,120 Since they are having to remove trees, they are required to meet these minimum requirements. 406 00:26:39,120 --> 00:26:46,520 So the ratio is start off for heritage quality and secondary is just showing how those ratios 407 00:26:46,520 --> 00:26:50,680 are adjusted based on the different tree types. 408 00:26:50,680 --> 00:26:54,280 And then you have your first ratio, which starts at the 30%. 409 00:26:54,280 --> 00:27:00,360 And then if you drop down to 20%, you can see what the ratios are reduced to. 410 00:27:00,360 --> 00:27:05,560 Now replacement totals are reduced to 50 and 40%. 411 00:27:05,560 --> 00:27:09,320 50 is for residential, 40 is for non-residential. 412 00:27:09,320 --> 00:27:13,440 And that's because the state requirements. 413 00:27:13,440 --> 00:27:15,080 Then we have tree credits. 414 00:27:15,080 --> 00:27:19,080 So again, you have all the different tree types, your heritage, your quality of secondary 415 00:27:19,080 --> 00:27:20,320 landmark. 416 00:27:20,320 --> 00:27:26,820 And then asterisks next to secondary because it has specific requirements since it may 417 00:27:26,820 --> 00:27:32,240 have to have additional requirements associated with that credit. 418 00:27:32,240 --> 00:27:39,800 If there are no heritage quality trees on there, you may be restricted by getting credits 419 00:27:39,800 --> 00:27:40,800 for those. 420 00:27:40,800 --> 00:27:45,600 Then we also have cluster credits, which allows for additional preservation for trees that 421 00:27:45,600 --> 00:27:48,640 are close together on a development. 422 00:27:48,640 --> 00:27:53,720 And then we give credits for street trees and all additional landscaping that is required 423 00:27:53,720 --> 00:28:00,840 on a new development if their DBH is two inches or greater. 424 00:28:00,840 --> 00:28:08,280 So this is an example of what the property boundary would look like on a site in red. 425 00:28:08,280 --> 00:28:11,920 So this is the New Denton High School site. 426 00:28:11,920 --> 00:28:17,960 And then in the hatched yellow area is showing where the DIA or development impact area, 427 00:28:17,960 --> 00:28:24,760 I roughly drew on there showing how that doesn't always line up with the property boundary. 428 00:28:24,760 --> 00:28:33,400 And it shows in the bottom how the DIA actually avoided the environmentally sensitive areas. 429 00:28:33,400 --> 00:28:36,840 So we have goals for canopy coverage. 430 00:28:36,840 --> 00:28:39,760 That's why we're doing all of the tree assessments. 431 00:28:39,760 --> 00:28:49,120 So for 2020 Urban Forestry Master Plan, the goal for 2040 is to get to 40%. 432 00:28:49,120 --> 00:28:55,720 So we get there by making sure we have diverse, healthy, and equitable canopy distribution 433 00:28:55,720 --> 00:29:01,300 across the city, not just focusing on the east or the west side. 434 00:29:01,300 --> 00:29:06,380 So tree canopy goals are achieved by two things. 435 00:29:06,380 --> 00:29:09,320 One is preservation. 436 00:29:09,320 --> 00:29:13,680 And second is making sure that on all new developments, they meet the landscape requirements 437 00:29:13,680 --> 00:29:17,320 that we have, which includes the planting of trees. 438 00:29:17,320 --> 00:29:26,120 And that leads into landscaping, which will be presented by Nellie. 439 00:29:26,120 --> 00:29:35,860 Hi, everyone. 440 00:29:35,860 --> 00:29:37,360 My name is Nellie. 441 00:29:37,360 --> 00:29:42,560 I'm the other landscape planner, and I'll be going over the landscape requirements today. 442 00:29:42,560 --> 00:29:48,440 So to start off, landscape requirements from multifamily and non-residential are required 443 00:29:48,440 --> 00:29:53,880 to provide a total of at least 30 points from the following chart shown on the right, which 444 00:29:53,880 --> 00:29:56,400 is our landscape area point system. 445 00:29:56,400 --> 00:30:01,640 And just a quick summary, two elements are required from section A, and two elements 446 00:30:01,640 --> 00:30:07,900 are also required from section B, and then the rest of the points can come from section 447 00:30:07,900 --> 00:30:14,820 C. And in addition to those landscape point system, multifamily and non-residential are 448 00:30:14,820 --> 00:30:20,680 required to meet the minimum landscape area and tree canopy percentage per zoning district, 449 00:30:20,680 --> 00:30:22,960 which is the chart shown on the right. 450 00:30:22,960 --> 00:30:28,120 And I'll go over an example of how we exactly calculate those numbers. 451 00:30:28,120 --> 00:30:34,600 So in this project, the zoning district was C, suburban corridor, and the minimum requirement 452 00:30:34,600 --> 00:30:38,520 for landscape was 20% and tree canopy was 30%. 453 00:30:38,520 --> 00:30:42,960 And you'll see in highlight in yellow is the areas that we would calculate in square feet, 454 00:30:42,960 --> 00:30:48,000 and take that against the development impact area square feet that is shown in blue. 455 00:30:48,000 --> 00:30:52,960 And as you can see, they provided 35% of landscape area there. 456 00:30:52,960 --> 00:30:58,560 And for tree canopy, the applicant provides a tree canopy calculation table where it is 457 00:30:58,560 --> 00:31:02,360 based on the square footage on our approved landscape plan list. 458 00:31:02,360 --> 00:31:08,840 And you'll see there that the applicant has provided 59% meeting the 30% tree canopy area 459 00:31:08,840 --> 00:31:11,160 there. 460 00:31:11,160 --> 00:31:17,400 We also provide city resources to developers as our landscape plan checklist, in addition 461 00:31:17,400 --> 00:31:19,700 to our approved plan list as well. 462 00:31:19,700 --> 00:31:26,020 So this is information public for the developers to create their landscape plans. 463 00:31:26,020 --> 00:31:30,020 And then for landscaping for residential, they do meet different requirements than multifamily 464 00:31:30,020 --> 00:31:32,160 and non-residential. 465 00:31:32,160 --> 00:31:36,200 So these are the four minimums quickly to go over them. 466 00:31:36,200 --> 00:31:41,760 All single-family duplex and townhome lots must contain a minimum of one large shade 467 00:31:41,760 --> 00:31:43,320 tree per dwelling. 468 00:31:43,320 --> 00:31:47,440 All triplex and fourplex lots must contain a minimum of one large shade tree. 469 00:31:47,440 --> 00:31:52,480 And at least 30% of the front yard shall be landscaped and 20% of the rear yard shall 470 00:31:52,480 --> 00:31:53,480 be landscaped. 471 00:31:53,480 --> 00:31:58,880 And with all the plantings that need to be installed, we do have standards for those 472 00:31:58,880 --> 00:31:59,880 plantings. 473 00:31:59,880 --> 00:32:04,480 And so one of them is the 90% of plantings shall be from the approved landscape plan 474 00:32:04,480 --> 00:32:08,400 list, which was shown as a city resource that we provide to developers. 475 00:32:08,400 --> 00:32:15,840 If 20 or more trees are planted, no one species of trees may exceed 30% of that total new 476 00:32:15,840 --> 00:32:16,840 trees. 477 00:32:16,840 --> 00:32:23,560 One example for that is if there's 100 total trees to be planted on a site, 30 of those 478 00:32:23,560 --> 00:32:28,640 can only be burr oaks, like they can't be more than another-- more to simple math right 479 00:32:28,640 --> 00:32:29,640 there. 480 00:32:29,640 --> 00:32:34,940 And at least 50% of trees planted must be native, indigenous, or adapted, as indicated 481 00:32:34,940 --> 00:32:38,000 on the plan list. 482 00:32:38,000 --> 00:32:43,240 And one more other requirement, we also require buffer requirements here. 483 00:32:43,240 --> 00:32:47,400 So all developments are required to install a buffer, as specified in the table shown 484 00:32:47,400 --> 00:32:48,400 on the right. 485 00:32:48,400 --> 00:32:53,920 An example for that is if a multifamily is the developing use, you would go down where 486 00:32:53,920 --> 00:32:59,000 developing use is, following the row right there, and if it's being built adjacent to 487 00:32:59,000 --> 00:33:04,880 a commercial and institutional, you'll see that the minimum is 20 points required and 488 00:33:04,880 --> 00:33:07,000 a minimum width of 10 feet. 489 00:33:07,000 --> 00:33:12,280 And in the following slide, I'll show the buffer requirements point chart. 490 00:33:12,280 --> 00:33:16,160 So this is how the developers create their buffer elements from here. 491 00:33:16,160 --> 00:33:20,080 And you'll see in the buffer chart, there's different points that they can meet to meet 492 00:33:20,080 --> 00:33:21,080 that requirement. 493 00:33:21,080 --> 00:33:26,040 And the other notion for this is that the entire buffer area shall be landscaped with 494 00:33:26,040 --> 00:33:28,440 ground cover other than turf grass. 495 00:33:28,440 --> 00:33:30,200 So that's a good point there. 496 00:33:30,200 --> 00:33:33,620 And then lastly, we have street trees. 497 00:33:33,620 --> 00:33:38,360 And for street trees, we required a couple of things there, one of them being that they 498 00:33:38,360 --> 00:33:43,040 should be within the street right away or within 10 feet of the right away from there. 499 00:33:43,040 --> 00:33:48,680 At least one street tree is required for every 30 feet of street frontage. 500 00:33:48,680 --> 00:33:54,720 And trees shall not be planted further apart than 50 feet and no closer than 25 feet apart. 501 00:33:54,720 --> 00:34:00,840 We want to make sure these trees grow as spaciously as they can. 502 00:34:00,840 --> 00:34:05,600 And if the requirements can't be met, we do offer an alternative landscape plan, which 503 00:34:05,600 --> 00:34:11,480 allows a reduction in the count, configuration, or require landscape materials when the site 504 00:34:11,480 --> 00:34:14,560 or development are contradicting there. 505 00:34:14,560 --> 00:34:22,520 So some items that can be towards this is natural conditions, unique lot size or configuration, 506 00:34:22,520 --> 00:34:27,160 the presence of existing utility or easements that they just can't meet. 507 00:34:27,160 --> 00:34:29,560 So we offer this option for them to go through. 508 00:34:29,560 --> 00:34:36,160 And then lastly, on those approved landscape plans, we do complete landscape final inspections. 509 00:34:36,160 --> 00:34:42,320 So before issuing the COs, we require an inspection, as you can see here. 510 00:34:42,320 --> 00:34:45,880 This is from one of our projects that we had done recently at the ERA apartments. 511 00:34:45,880 --> 00:34:49,120 The first inspection, we denied it as there was dead trees there and dead shrubs. 512 00:34:49,120 --> 00:34:51,720 And we want to make sure that it looks beautiful here. 513 00:34:51,720 --> 00:34:56,080 And in the second inspection, you'll see they've replanted all new species. 514 00:34:56,080 --> 00:34:58,520 And it looks wonderful and great and thriving now. 515 00:34:58,520 --> 00:35:02,800 So this is how we're going to make it look beautiful here. 516 00:35:02,800 --> 00:35:07,660 And any questions for me? 517 00:35:07,660 --> 00:35:08,660 Commissioner Cole. 518 00:35:08,660 --> 00:35:09,660 Thank you, Chair. 519 00:35:09,660 --> 00:35:14,700 Going back to one of the earlier slides where you had the stratification of trees, you had 520 00:35:14,700 --> 00:35:17,080 the heritage trees, you had the secondary trees. 521 00:35:17,080 --> 00:35:22,800 And then you had a single line that was mesquite and honey locust. 522 00:35:22,800 --> 00:35:27,640 And then the line beneath that, you had invasive trees. 523 00:35:27,640 --> 00:35:33,880 So why are mesquite and honey locusts in a different, I mean, those should be under the 524 00:35:33,880 --> 00:35:38,720 lowest stratification of trees because they are invasive here. 525 00:35:38,720 --> 00:35:42,120 Any rancher in this town is going to tell you those are no bueno. 526 00:35:42,120 --> 00:35:44,840 I mean, they're just not. 527 00:35:44,840 --> 00:35:49,880 So they're considered not protected unless they fall within the preserved habitat of 528 00:35:49,880 --> 00:35:52,760 a conservation or conservation easement. 529 00:35:52,760 --> 00:36:01,240 So if they're within those areas, say you have a conservation easement that is supposed 530 00:36:01,240 --> 00:36:07,660 to be undisturbed, we don't want people going in there essentially. 531 00:36:07,660 --> 00:36:11,440 So we're trying to keep that habitat as is. 532 00:36:11,440 --> 00:36:18,460 So that's why it's designated for those trees to remain in that undisturbed habitat area. 533 00:36:18,460 --> 00:36:22,560 But everything else would be considered nonprotected. 534 00:36:22,560 --> 00:36:30,160 You know, I may come from a different perspective as far as mesquite and honey locusts. 535 00:36:30,160 --> 00:36:34,640 I mean, if you let them be, they're going to take over. 536 00:36:34,640 --> 00:36:41,920 I mean, we went through this song and dance about six years ago. 537 00:36:41,920 --> 00:36:47,040 And there were some on the commission that wanted to protect mesquite and honey locust. 538 00:36:47,040 --> 00:36:53,880 And I remember Richard Kanoni brought a honey locust limb, and it looked like a medieval 539 00:36:53,880 --> 00:37:03,440 weapon with all the-- I mean, if you let mesquite and honey locust stay, they're going to take 540 00:37:03,440 --> 00:37:04,440 over. 541 00:37:04,440 --> 00:37:07,600 And you're not going to have a single piece. 542 00:37:07,600 --> 00:37:14,940 I'm glad they're not in the protected deal, but letting them be, that's a whole different 543 00:37:14,940 --> 00:37:17,900 ball game. 544 00:37:17,900 --> 00:37:20,840 Any rancher around here is going to tell you, because that's what you fight. 545 00:37:20,840 --> 00:37:23,440 You're fighting the battle of mesquite and honey locust. 546 00:37:23,440 --> 00:37:27,960 So you should-- I mean, it doesn't matter if it's in the Easter or whatever. 547 00:37:27,960 --> 00:37:33,800 You should be able to-- because you're going to lose your property to those two particular 548 00:37:33,800 --> 00:37:45,080 trees, if a honey locust is a tree, but why not just take them out? 549 00:37:45,080 --> 00:37:51,000 I can add a little color if you like to that, if you want. 550 00:37:51,000 --> 00:37:56,680 So in this example here where I was showing, this is the development impact areas in the 551 00:37:56,680 --> 00:38:01,360 brown, and the blue would be the riparian buffer, right? 552 00:38:01,360 --> 00:38:04,960 So we're trying to protect, ultimately, the waterway itself. 553 00:38:04,960 --> 00:38:07,000 That's what we're really focused on. 554 00:38:07,000 --> 00:38:17,000 And so let's say in this example, there were honey locusts and mesquites that are dominating 555 00:38:17,000 --> 00:38:18,740 the space. 556 00:38:18,740 --> 00:38:23,720 At this time, our code doesn't require-- so all it requires is that you set that land 557 00:38:23,720 --> 00:38:24,720 aside. 558 00:38:24,720 --> 00:38:28,160 It doesn't require that you tackle invasive species. 559 00:38:28,160 --> 00:38:30,480 Private would be another big issue out there. 560 00:38:30,480 --> 00:38:32,400 There's no difference between private and these two. 561 00:38:32,400 --> 00:38:33,400 Totally agree. 562 00:38:33,400 --> 00:38:40,240 So if a landowner wishes to tackle some of those things and wishes to eradicate some 563 00:38:40,240 --> 00:38:46,080 of those invasive species, I'm all about providing that support and providing the information 564 00:38:46,080 --> 00:38:52,880 that's needed in order to provide that support to them to help get it there and restore the 565 00:38:52,880 --> 00:38:54,000 land properly. 566 00:38:54,000 --> 00:38:59,120 You can't just go out and just tear out all the vegetation because you're going to create 567 00:38:59,120 --> 00:39:00,760 other problems. 568 00:39:00,760 --> 00:39:07,080 So we do want to provide some guidance, and we want to help to make that happen in a way 569 00:39:07,080 --> 00:39:10,680 that would result in the best environment possible. 570 00:39:10,680 --> 00:39:12,200 I totally understand that. 571 00:39:12,200 --> 00:39:17,960 And if you went back to where those mesquites and honey locusts were, if you went back 20-something 572 00:39:17,960 --> 00:39:19,760 years, they're not there. 573 00:39:19,760 --> 00:39:20,760 Right. 574 00:39:20,760 --> 00:39:21,760 Right. 575 00:39:21,760 --> 00:39:29,440 I mean, every landowner in this county is fighting the mesquite and honey locust war 576 00:39:29,440 --> 00:39:30,440 daily. 577 00:39:30,440 --> 00:39:31,440 Right. 578 00:39:31,440 --> 00:39:32,440 That's what ranchers are doing. 579 00:39:32,440 --> 00:39:36,060 They're clearing this stuff out 24/7. 580 00:39:36,060 --> 00:39:40,560 And whether it's part of a ... We can call it an easter. 581 00:39:40,560 --> 00:39:42,200 We can call it ... It's a creek. 582 00:39:42,200 --> 00:39:43,200 Yes. 583 00:39:43,200 --> 00:39:44,200 Yes. 584 00:39:44,200 --> 00:39:51,080 It's a creek fundamentally, and it is the only way our wildlife gets to move up and 585 00:39:51,080 --> 00:39:56,280 down out of development freely, is that creek. 586 00:39:56,280 --> 00:40:04,120 And we should be able to clear out mesquite and honey locusts without even going to anybody 587 00:40:04,120 --> 00:40:05,120 or doing anything. 588 00:40:05,120 --> 00:40:06,120 Yeah. 589 00:40:06,120 --> 00:40:10,600 I mean, it should be just by right. 590 00:40:10,600 --> 00:40:17,360 Unfortunately, sometimes we do see that when property owners are trying to tackle this, 591 00:40:17,360 --> 00:40:19,240 they are causing damage. 592 00:40:19,240 --> 00:40:25,920 So that's where staff is just trying to provide the right guidance to that property owner 593 00:40:25,920 --> 00:40:28,760 that we aren't resulting in. 594 00:40:28,760 --> 00:40:36,280 Example, sometimes a landowner will clear everything, and what comes back is Johnson 595 00:40:36,280 --> 00:40:37,280 grass. 596 00:40:37,280 --> 00:40:38,280 Absolutely. 597 00:40:38,280 --> 00:40:39,280 And that's what we're trying to avoid. 598 00:40:39,280 --> 00:40:46,840 And so we're trying to just help in a partnership with the landowner to understand why and how. 599 00:40:46,840 --> 00:40:50,520 And you can bail Johnson grass and feed your livestock off of it. 600 00:40:50,520 --> 00:40:52,600 That's just ... Yeah. 601 00:40:52,600 --> 00:40:53,600 Yes. 602 00:40:53,600 --> 00:40:54,600 Right. 603 00:40:54,600 --> 00:40:55,600 Any other questions? 604 00:40:55,600 --> 00:40:56,600 Yep. 605 00:40:56,600 --> 00:40:57,600 Commissioner Prout. 606 00:40:57,600 --> 00:40:58,600 Thank you, Chair. 607 00:40:58,600 --> 00:41:06,960 I'll go in order of the presentation. 608 00:41:06,960 --> 00:41:19,000 My recollection of the timeline of the DDC and then the wildlife corridor plan and that 609 00:41:19,000 --> 00:41:21,520 sort of thing is roughly in that order, right? 610 00:41:21,520 --> 00:41:28,880 As far as the inclusion ... The wildlife corridor map was added to the comp plan after the 2019 611 00:41:28,880 --> 00:41:34,520 DDC and these ESA declarations were instantiated, is that correct? 612 00:41:34,520 --> 00:41:35,520 Okay. 613 00:41:35,520 --> 00:41:39,200 So you're looking for the timeline of things and ... Okay. 614 00:41:39,200 --> 00:41:49,800 So the ESA code was added to the DDC in 2020, sorry, 2002, sorry, I got my numbers mixed 615 00:41:49,800 --> 00:41:52,120 up, in 2002. 616 00:41:52,120 --> 00:41:55,620 And that was a big update that happened in 2002. 617 00:41:55,620 --> 00:41:58,600 Everything was pretty much kept the same. 618 00:41:58,600 --> 00:42:04,760 Some modifications were made to the ESA code back in, I believe it was 2018, 2017, 2018, 619 00:42:04,760 --> 00:42:06,560 2018 timeframe. 620 00:42:06,560 --> 00:42:15,320 And then, I'm not sure when the comp plan was last updated, are you aware, Tina? 621 00:42:15,320 --> 00:42:16,320 March of 2022. 622 00:42:16,320 --> 00:42:17,320 Okay. 623 00:42:17,320 --> 00:42:23,780 And so the code update in 2019 didn't make any changes to the ESA code. 624 00:42:23,780 --> 00:42:33,400 So then the comp plan update added a request to identify these wildlife corridors. 625 00:42:33,400 --> 00:42:41,560 Map identified an estimation of where wildlife corridors might be occurring. 626 00:42:41,560 --> 00:42:45,920 And essentially, what we're doing is just following where we think wildlife might go. 627 00:42:45,920 --> 00:42:52,600 And we've created that map, but no code or other supporting documentation has come with 628 00:42:52,600 --> 00:42:53,600 that map. 629 00:42:53,600 --> 00:42:54,600 Okay. 630 00:42:54,600 --> 00:42:55,600 No, that helps. 631 00:42:55,600 --> 00:42:56,600 Thank you. 632 00:42:56,600 --> 00:43:06,840 So perhaps as a lay environmental person, not coming steeped with knowledge, do we have 633 00:43:06,840 --> 00:43:14,120 ways, and I guess maybe it's the alt ESA is the way, but if an applicant, say for instance, 634 00:43:14,120 --> 00:43:20,960 a hypothetical/example, right, in this example you have up here, the ESA certainly narrows 635 00:43:20,960 --> 00:43:25,120 down toward the south, right? 636 00:43:25,120 --> 00:43:31,800 If it were along a wildlife corridor and after it went further south, it widened out again, 637 00:43:31,800 --> 00:43:32,800 right? 638 00:43:32,800 --> 00:43:38,160 Would there be benefits to doing restoration to connect those better? 639 00:43:38,160 --> 00:43:40,440 How do we try to encourage that sort of thing? 640 00:43:40,440 --> 00:43:41,440 Does that make sense? 641 00:43:41,440 --> 00:43:42,440 Yeah. 642 00:43:42,440 --> 00:43:49,080 And I actually kind of blends your question with his question and the why of protecting 643 00:43:49,080 --> 00:43:58,760 this vegetation and why staff gives input on when you're going to clear your land, not 644 00:43:58,760 --> 00:44:04,680 for ag purposes, but for other purposes that are non-ag, seeking a clearing grade permit 645 00:44:04,680 --> 00:44:07,920 and then walking through with a property owner. 646 00:44:07,920 --> 00:44:12,640 How could you clear some of these invasive plants and issues? 647 00:44:12,640 --> 00:44:22,160 So then the end result is that we're continuing to provide both protection of the waterway 648 00:44:22,160 --> 00:44:26,040 and provide that habitat and the continuation of habitat. 649 00:44:26,040 --> 00:44:32,240 And the way that the researchers have explained it to us is that wildlife is traversing from 650 00:44:32,240 --> 00:44:38,480 one high quality habitat to the other and those corridors are helping just provide that 651 00:44:38,480 --> 00:44:42,880 transportation between the higher quality habitats. 652 00:44:42,880 --> 00:44:43,880 Okay. 653 00:44:43,880 --> 00:44:44,880 Thank you. 654 00:44:44,880 --> 00:44:53,080 And then hopefully I won't offend anybody, but I've heard some in the community that 655 00:44:53,080 --> 00:44:59,920 are skeptical of the alternate ESA plan process. 656 00:44:59,920 --> 00:45:06,320 Some of that I think is perhaps because it sounds similar to the older alternate development 657 00:45:06,320 --> 00:45:09,800 plan process that we used to have. 658 00:45:09,800 --> 00:45:19,760 And sometimes it's met with opinions that, oh, well, this must be worse rather than better. 659 00:45:19,760 --> 00:45:29,920 Can you speak to, like, does staff always have a higher bar for improving those ESAs 660 00:45:29,920 --> 00:45:33,700 with an alt ESA than it would with a standard ESA? 661 00:45:33,700 --> 00:45:34,700 Does that make sense? 662 00:45:34,700 --> 00:45:39,000 Yeah, yeah, I understand where you're going with it. 663 00:45:39,000 --> 00:45:42,080 So we do have the criteria for approval. 664 00:45:42,080 --> 00:45:46,800 I've summarized this in the most simple terms possible, but you can go to the development 665 00:45:46,800 --> 00:45:51,640 code and read specifically all the criteria for approval. 666 00:45:51,640 --> 00:45:56,160 Not every development meets those criteria, every single one of those criteria for approval 667 00:45:56,160 --> 00:46:03,240 and not all projects are the same because not all requests are the same. 668 00:46:03,240 --> 00:46:12,240 There's such a variety of ways that the developers both seeking your requests, but also seeking 669 00:46:12,240 --> 00:46:15,560 that deviation that started the request, right? 670 00:46:15,560 --> 00:46:19,000 So sorry, I went backwards on that thought. 671 00:46:19,000 --> 00:46:28,240 But essentially what I'm trying to say is that what I do on my end when these projects 672 00:46:28,240 --> 00:46:34,400 start is we're identifying those deviations, then we're working with that developer to 673 00:46:34,400 --> 00:46:42,680 try to find the best possible outcome for the city because we're looking for, again, 674 00:46:42,680 --> 00:46:49,380 what is that benefit that the ESAs are offering to the community as a whole and how can we 675 00:46:49,380 --> 00:46:58,520 ensure that we're getting either equitable or something that would be exchangeable for 676 00:46:58,520 --> 00:47:02,200 the deviation from the protection requirements that are in place. 677 00:47:02,200 --> 00:47:03,280 Okay, thank you. 678 00:47:03,280 --> 00:47:08,880 And now just a couple, make sure my mind is calibrated questions factually. 679 00:47:08,880 --> 00:47:17,520 On the, earlier on you had a chart about the monetary benefits of ESAs and there was one 680 00:47:17,520 --> 00:47:19,520 that said avoided runoff. 681 00:47:19,520 --> 00:47:26,680 That seems like a very low number to me because I know how much drainage infrastructure costs. 682 00:47:26,680 --> 00:47:34,960 Can you speak to what that avoided runoff bucket includes as far as the but for argument? 683 00:47:34,960 --> 00:47:35,960 Which one? 684 00:47:35,960 --> 00:47:37,840 Just the bottom pie chart. 685 00:47:37,840 --> 00:47:40,640 The bottom type, oh. 686 00:47:40,640 --> 00:47:45,480 You know, I read these papers back in 2019. 687 00:47:45,480 --> 00:47:53,280 I haven't read them since, so honestly I do not remember, but also keep in mind that, 688 00:47:53,280 --> 00:47:58,360 you know, these are economic values that I actually haven't gone back to look at in quite 689 00:47:58,360 --> 00:47:59,360 a while. 690 00:47:59,360 --> 00:48:03,080 If there's new numbers out there, I'm sure there's some really great research at this 691 00:48:03,080 --> 00:48:04,080 time. 692 00:48:04,080 --> 00:48:08,000 We were just pulling this together to kind of help explain, you know, what we were trying 693 00:48:08,000 --> 00:48:09,640 to talk about in the primer. 694 00:48:09,640 --> 00:48:11,200 Okay, thank you. 695 00:48:11,200 --> 00:48:26,640 In the next, sorry, just a quick question on the, I think perhaps, and I don't want 696 00:48:26,640 --> 00:48:31,400 to speak out of turn, but one of the reasons this came before us is when we're looking 697 00:48:31,400 --> 00:48:36,240 at that development impact area map, if you want to pull up that, I think it was the Denton 698 00:48:36,240 --> 00:48:40,400 High School, right, map. 699 00:48:40,400 --> 00:48:45,540 I think one of the questions was, if you have a development, ignoring the fact that it's 700 00:48:45,540 --> 00:48:52,280 this high school for now, that has a smaller impact area like this does than the total 701 00:48:52,280 --> 00:49:03,240 land area, is that land owner, you know, and say the majority, if not all of the 30% preserved 702 00:49:03,240 --> 00:49:07,720 trees are not in the impact area, right? 703 00:49:07,720 --> 00:49:13,880 Is that land owner then allowed to subdivide, you know, within the lot size requirements 704 00:49:13,880 --> 00:49:22,280 and that sort of thing later, and then develop the previously unimpacted area and preserve 705 00:49:22,280 --> 00:49:25,440 only 30% of that 30%? 706 00:49:25,440 --> 00:49:26,720 Does that make sense? 707 00:49:26,720 --> 00:49:29,640 Am I explaining that correctly? 708 00:49:29,640 --> 00:49:31,480 30% of the 30%. 709 00:49:31,480 --> 00:49:37,640 So if you start in time A, and you develop the high school, and you save 30% of the trees, 710 00:49:37,640 --> 00:49:38,640 right? 711 00:49:38,640 --> 00:49:39,640 Within the DIA? 712 00:49:39,640 --> 00:49:43,520 Oh, okay, maybe that's my misconception. 713 00:49:43,520 --> 00:49:47,400 So in this map... 714 00:49:47,400 --> 00:49:48,800 The property in red? 715 00:49:48,800 --> 00:49:49,800 Yeah. 716 00:49:49,800 --> 00:49:50,800 Okay. 717 00:49:50,800 --> 00:49:58,160 In the property in red, would the trees preserved outside of the DIA contribute to the 30% tree 718 00:49:58,160 --> 00:49:59,680 preservation requirement? 719 00:49:59,680 --> 00:50:00,680 Not within the... 720 00:50:00,680 --> 00:50:01,680 No. 721 00:50:01,680 --> 00:50:02,680 Okay. 722 00:50:02,680 --> 00:50:03,680 They don't fall within the DIA. 723 00:50:03,680 --> 00:50:10,360 So, the preservation only accounts for the area within the yellow. 724 00:50:10,360 --> 00:50:11,360 Got it. 725 00:50:11,360 --> 00:50:16,680 So, say someone wants to say that ESA goes away in the future, and there are trees there, 726 00:50:16,680 --> 00:50:22,320 then they have to figure out how to preserve 30% of those trees within the property that's 727 00:50:22,320 --> 00:50:24,840 outside of the DIA. 728 00:50:24,840 --> 00:50:26,200 Okay. 729 00:50:26,200 --> 00:50:27,200 Thank you. 730 00:50:27,200 --> 00:50:28,200 So it's not 30 of 30. 731 00:50:28,200 --> 00:50:29,200 Right. 732 00:50:29,200 --> 00:50:30,200 It's just 30. 733 00:50:30,200 --> 00:50:31,200 Okay. 734 00:50:31,200 --> 00:50:33,800 Can I just interrupt you for a minute? 735 00:50:33,800 --> 00:50:34,800 Yeah, please do. 736 00:50:34,800 --> 00:50:37,480 Yeah, just to my brain. 737 00:50:37,480 --> 00:50:45,960 So, dealing with the DIA is what you're dealing with when you're talking about tree preservation 738 00:50:45,960 --> 00:50:47,800 and it has to fall within the DIA. 739 00:50:47,800 --> 00:50:48,800 That's correct. 740 00:50:48,800 --> 00:50:57,800 So, then the question was, so if that ESA went away and that area was going to get developed, 741 00:50:57,800 --> 00:51:01,000 then it's a new look then? 742 00:51:01,000 --> 00:51:02,000 That's correct. 743 00:51:02,000 --> 00:51:06,680 They are only going to be focused on developing of that portion of the site, so they would 744 00:51:06,680 --> 00:51:12,640 draw their DIA showing that portion, and then they have to figure out a way to save 30%. 745 00:51:12,640 --> 00:51:13,640 Of that? 746 00:51:13,640 --> 00:51:14,640 Of that. 747 00:51:14,640 --> 00:51:15,640 That wasn't impacted in the first place? 748 00:51:15,640 --> 00:51:16,640 That's correct. 749 00:51:16,640 --> 00:51:17,640 Okay. 750 00:51:17,640 --> 00:51:18,640 Sorry, Eric. 751 00:51:18,640 --> 00:51:19,640 Yeah, thank you. 752 00:51:19,640 --> 00:51:28,280 And then, if you want to go forward to the replacement slide ratio, I was just confused 753 00:51:28,280 --> 00:51:33,620 by the four-inch colon one tree, what is that nomenclature? 754 00:51:33,620 --> 00:51:40,280 So you have one tree that you're actually wanting to remove that's considered secondary. 755 00:51:40,280 --> 00:51:44,640 Regardless of what the DVH or diameter breast height is of that tree, you have to replace 756 00:51:44,640 --> 00:51:49,480 it with a four-inch caliber of trees. 757 00:51:49,480 --> 00:51:50,480 Okay. 758 00:51:50,480 --> 00:51:55,040 Well, like one four-inch tree per one secondary tree removed? 759 00:51:55,040 --> 00:52:00,040 Well, our replacement requirements is a minimum of two-inch caliber. 760 00:52:00,040 --> 00:52:02,000 So you could replace with two. 761 00:52:02,000 --> 00:52:10,640 Say you want to remove a 16-inch secondary tree, our requirements are you could replace 762 00:52:10,640 --> 00:52:14,080 with two two-inch caliber trees. 763 00:52:14,080 --> 00:52:15,080 Okay. 764 00:52:15,080 --> 00:52:17,360 Got it. 765 00:52:17,360 --> 00:52:22,540 So regardless of the size of the secondary tree you're removing, you only have to replace 766 00:52:22,540 --> 00:52:25,640 it with a total of four inches DVH. 767 00:52:25,640 --> 00:52:26,640 Four inches total. 768 00:52:26,640 --> 00:52:27,640 That's correct. 769 00:52:27,640 --> 00:52:28,640 Got it. 770 00:52:28,640 --> 00:52:29,640 Okay. 771 00:52:29,640 --> 00:52:34,240 I think that answers all of that. 772 00:52:34,240 --> 00:52:45,520 And then last but not least, I've always had a question about the tree canopy calculation. 773 00:52:45,520 --> 00:52:52,640 At what state of growth of the tree is that assumed? 774 00:52:52,640 --> 00:52:56,000 So that is assumed a mature canopy for those trees. 775 00:52:56,000 --> 00:53:02,680 And on the proof plant list, it says on the left side, mature size canopy, that states 776 00:53:02,680 --> 00:53:05,200 the large and the square feet of each tree species. 777 00:53:05,200 --> 00:53:06,200 Okay. 778 00:53:06,200 --> 00:53:07,200 Thank you. 779 00:53:07,200 --> 00:53:08,200 Of course. 780 00:53:08,200 --> 00:53:09,200 That's all. 781 00:53:09,200 --> 00:53:10,200 Thank you. 782 00:53:10,200 --> 00:53:11,200 Sure. 783 00:53:11,200 --> 00:53:12,200 Other questions? 784 00:53:12,200 --> 00:53:15,800 I'm just curious related to, do we still have a tree fund? 785 00:53:15,800 --> 00:53:16,800 No. 786 00:53:16,800 --> 00:53:23,700 Sorry, y'all. 787 00:53:23,700 --> 00:53:24,880 The answer is yes. 788 00:53:24,880 --> 00:53:25,880 We still do. 789 00:53:25,880 --> 00:53:28,680 Do we still have people like contributing to it? 790 00:53:28,680 --> 00:53:30,240 Is that still an option? 791 00:53:30,240 --> 00:53:31,240 That is an option. 792 00:53:31,240 --> 00:53:34,640 And yes, we have had recent projects actually contribute to it. 793 00:53:34,640 --> 00:53:35,640 Okay. 794 00:53:35,640 --> 00:53:38,160 What are we doing with the tree fund? 795 00:53:38,160 --> 00:53:43,600 Now it's a question that would be deferred to Haywood Morgan, because he's the one who 796 00:53:43,600 --> 00:53:50,480 handles the mitigation, unless Hayley has something different to say. 797 00:53:50,480 --> 00:53:54,920 Well this has been, we've kind of discussed this before. 798 00:53:54,920 --> 00:53:57,840 The man who could have answered that question perfectly left the room, unfortunately. 799 00:53:57,840 --> 00:53:59,800 Gary was here earlier. 800 00:53:59,800 --> 00:54:03,280 My understanding is parks, they have an ordinance that limits them to certain things that they 801 00:54:03,280 --> 00:54:04,280 can do with that money. 802 00:54:04,280 --> 00:54:08,040 And I believe it has to be for tree replacement projects on city property. 803 00:54:08,040 --> 00:54:12,560 So it could be right-of-way trees for streets that we maintain or trees within parks. 804 00:54:12,560 --> 00:54:16,320 I believe it could also be used for like purchase of land if the intent of the land was preserving 805 00:54:16,320 --> 00:54:17,880 the trees that are on it. 806 00:54:17,880 --> 00:54:18,880 Okay. 807 00:54:18,880 --> 00:54:21,560 So there's all parameters that are attached to the fund. 808 00:54:21,560 --> 00:54:27,000 Do we have regular workings of using the tree fund? 809 00:54:27,000 --> 00:54:30,920 That I'm not sure of, but we can certainly find out and get that information for you. 810 00:54:30,920 --> 00:54:31,920 Okay. 811 00:54:31,920 --> 00:54:35,880 Yeah, I'm just wondering how often, and maybe you have the answer, maybe you have the answer. 812 00:54:35,880 --> 00:54:38,920 How often are people opting for that? 813 00:54:38,920 --> 00:54:42,600 So because state law requires that we give credit for trees planted as long as they meet 814 00:54:42,600 --> 00:54:46,960 that minimum size, a fair number of developments can offset their mitigation that's owed with 815 00:54:46,960 --> 00:54:49,640 the plantings that they're required to do for landscaping. 816 00:54:49,640 --> 00:54:53,360 Some of them, if they have extra room on site, will opt to even do additional tree plantings 817 00:54:53,360 --> 00:54:56,120 beyond that just so they don't pay into the tree fund. 818 00:54:56,120 --> 00:54:59,720 But I don't have an estimate, but I would say a fair number of projects do end up with 819 00:54:59,720 --> 00:55:03,960 some remaining balance that gets contributed into the tree fund that they can't plant on 820 00:55:03,960 --> 00:55:04,960 site. 821 00:55:04,960 --> 00:55:07,480 It probably sounds like we need a work session on tree funds. 822 00:55:07,480 --> 00:55:09,280 I'll write that in. 823 00:55:09,280 --> 00:55:12,000 Thank you. 824 00:55:12,000 --> 00:55:13,000 Other questions? 825 00:55:13,000 --> 00:55:14,000 Yeah. 826 00:55:14,000 --> 00:55:15,000 Go ahead. 827 00:55:15,000 --> 00:55:21,880 It's more of a comment, I guess, concerning the tree fund. 828 00:55:21,880 --> 00:55:25,600 If my imagination is not true, please ignore it. 829 00:55:25,600 --> 00:55:34,360 But I wonder whether allowing or encouraging development projects to provide off-site plantings 830 00:55:34,360 --> 00:55:41,560 in nearby neighborhoods so that people can see the benefit of that tree mitigation money 831 00:55:41,560 --> 00:55:49,920 coincident with the project, as opposed to four years later when Parks has the capacity 832 00:55:49,920 --> 00:55:52,260 to go do some plantings. 833 00:55:52,260 --> 00:55:59,040 I wonder if that would help people weigh the good with the bad with projects that come 834 00:55:59,040 --> 00:56:03,000 through. 835 00:56:03,000 --> 00:56:06,880 I do have one more question, probably yours, because we touched on it a little bit, because 836 00:56:06,880 --> 00:56:10,720 I assume this has to do with what I put on the matrix of this work session. 837 00:56:10,720 --> 00:56:19,440 We're counting it into the subdividing of commercial lots. 838 00:56:19,440 --> 00:56:28,640 Pick a commercial lot in your brain of what we have in the city. 839 00:56:28,640 --> 00:56:38,740 Do we get better tree preservation if we develop that all together as one, and you're dealing 840 00:56:38,740 --> 00:56:49,080 with that development impact there as one, versus if we have a commercial plot and we're 841 00:56:49,080 --> 00:56:53,440 carving it out and subdividing it? 842 00:56:53,440 --> 00:57:02,080 I was going to say, I think it probably depends on the type of development situation that 843 00:57:02,080 --> 00:57:07,000 it is and what we're dealing with, with the property. 844 00:57:07,000 --> 00:57:12,160 And the buffer requirements. 845 00:57:12,160 --> 00:57:17,640 We're very careful to watch where the development impact area is, where the tree preservation 846 00:57:17,640 --> 00:57:18,640 is going to be. 847 00:57:18,640 --> 00:57:23,320 As Jimmy said, if you're within the development impact area, we're trying to encourage people 848 00:57:23,320 --> 00:57:24,920 to preserve it 30%. 849 00:57:24,920 --> 00:57:29,960 They can drop it down to 20% provided they do the mitigation, as he explained. 850 00:57:29,960 --> 00:57:34,440 But if you have a phase development, and I develop the area over on the right, and that's 851 00:57:34,440 --> 00:57:38,280 my development impact area, and I don't touch the area on the left, and then I come in and 852 00:57:38,280 --> 00:57:42,640 I develop the area on the left, and that's where I'm drawing my development impact area, 853 00:57:42,640 --> 00:57:47,320 then we're evaluating the trees there. 854 00:57:47,320 --> 00:57:54,840 If somebody tried to develop an area where we had already identified trees that are supposed 855 00:57:54,840 --> 00:58:00,080 to be preserved, then that's where the notes on the plat come in to help us with ensuring 856 00:58:00,080 --> 00:58:04,920 that those trees are protected so that subsequent property owners understand that that grove 857 00:58:04,920 --> 00:58:06,840 of trees is protected. 858 00:58:06,840 --> 00:58:12,680 So if subsequent development was happening on the site, then we would note where those 859 00:58:12,680 --> 00:58:18,000 trees are that are being preserved, and then again, do the math calculations, but it still 860 00:58:18,000 --> 00:58:23,880 comes out, to Jimmy's point earlier, it's still hopefully at 30% of tree preservation, 861 00:58:23,880 --> 00:58:28,520 but they do have that ability to be at that 20%, but then again, we're mitigating that 862 00:58:28,520 --> 00:58:29,520 delta. 863 00:58:29,520 --> 00:58:34,360 So to their points earlier, a lot of times what we're finding is because state law allows 864 00:58:34,360 --> 00:58:40,320 for trees planted to be calculated towards that mitigation, then we're getting the trees 865 00:58:40,320 --> 00:58:42,240 added back on the site. 866 00:58:42,240 --> 00:58:43,580 I don't know if you have anything else to add. 867 00:58:43,580 --> 00:58:48,280 I'm just going to add to it, so in your example of like if it's a multi-lot commercial development 868 00:58:48,280 --> 00:58:52,960 like say a razor wrench, bad example because they predate the tree code, but if something 869 00:58:52,960 --> 00:58:59,240 like that were to happen today, we do our best to encourage developers to look at their 870 00:58:59,240 --> 00:59:03,760 site comprehensively, do the tree survey up front, and account for that preservation with 871 00:59:03,760 --> 00:59:06,760 all of the intended lots on there. 872 00:59:06,760 --> 00:59:10,040 We do on occasion have people that insist, "No, I just want to worry about phase one," 873 00:59:10,040 --> 00:59:15,000 then they end up saddling a later phase with more difficult conditions because the trees 874 00:59:15,000 --> 00:59:16,000 weren't looked at comprehensively. 875 00:59:16,000 --> 00:59:19,720 But we do our best to do that, and to Tina's point, that's the purpose of the Platte note 876 00:59:19,720 --> 00:59:25,000 so that we know in the future which lots contain the preserved trees so that we can always 877 00:59:25,000 --> 00:59:28,120 hold them accountable to those original conditions that we documented. 878 00:59:28,120 --> 00:59:33,160 And in the end, if you do the math and work it out, once we know what the total is on 879 00:59:33,160 --> 00:59:38,200 site at the beginning of the project, the minimum 20% number is always going to be the 880 00:59:38,200 --> 00:59:41,520 same regardless of how they work that out because we can always go back to that original 881 00:59:41,520 --> 00:59:47,120 and say, "No, your 20% of the original 100 inches is always 20 inches," no matter which 882 00:59:47,120 --> 00:59:51,320 lots those trees land on within the development and how those might get subdivided over time. 883 00:59:51,320 --> 00:59:52,320 Okay. 884 00:59:52,320 --> 00:59:57,800 Yeah, and that does help because that was going to be my question if you do try to ask 885 00:59:57,800 --> 00:59:58,800 them to look at the entire... 886 00:59:58,800 --> 01:00:01,960 We do our best to encourage the good behavior where we can. 887 01:00:01,960 --> 01:00:02,960 I can see that. 888 01:00:02,960 --> 01:00:03,960 Yeah. 889 01:00:03,960 --> 01:00:04,960 Thank you. 890 01:00:04,960 --> 01:00:05,960 Anybody else? 891 01:00:05,960 --> 01:00:06,960 Yeah. 892 01:00:06,960 --> 01:00:07,960 Go ahead. 893 01:00:07,960 --> 01:00:08,960 Yeah. 894 01:00:08,960 --> 01:00:14,340 I think, as you can tell, our tree preservation requirements, they're complex. 895 01:00:14,340 --> 01:00:19,040 Our landscaping a little bit easier for being able to implement and count the points right. 896 01:00:19,040 --> 01:00:25,200 But one of the things that our team does an excellent job with, with the development community, 897 01:00:25,200 --> 01:00:30,280 especially in that first pre-application conference that we have with the development community, 898 01:00:30,280 --> 01:00:34,700 we are bringing to their attention our tree preservation requirements and we're... 899 01:00:34,700 --> 01:00:39,840 As well as our ESA requirements, we're also having conversations with them regarding if 900 01:00:39,840 --> 01:00:43,960 properties are shown on the land preservation plan map and what that means for them, right? 901 01:00:43,960 --> 01:00:47,760 So we're very proactive on the front end. 902 01:00:47,760 --> 01:00:52,280 We try to encourage the development community to look at our tree preservation ordinance 903 01:00:52,280 --> 01:00:58,240 requirements holistically, get that under control on the front end of the project, because 904 01:00:58,240 --> 01:01:02,280 if they think that they can defer all of the... 905 01:01:02,280 --> 01:01:06,320 Trying to figure out tree preservation on the back end, that's where they run into problems. 906 01:01:06,320 --> 01:01:11,060 So we are very proactive in our education efforts with the development community and 907 01:01:11,060 --> 01:01:15,920 in that regard, because we understand the complexity of our ordinance. 908 01:01:15,920 --> 01:01:20,680 We know that our ordinance requirements are more restrictive than many other communities 909 01:01:20,680 --> 01:01:24,120 that they've probably worked within, and we know where the challenges are. 910 01:01:24,120 --> 01:01:31,460 So we're very fortunate that we have the teams that we do that are subject matter experts 911 01:01:31,460 --> 01:01:35,360 in their field and being able to communicate to the development community. 912 01:01:35,360 --> 01:01:37,000 Here's what our requirements are. 913 01:01:37,000 --> 01:01:39,540 Here are some effective ways for you to be able to achieve. 914 01:01:39,540 --> 01:01:42,720 Here's where we've seen success on some other properties. 915 01:01:42,720 --> 01:01:47,200 These successful examples might actually be a good thing for your property that you might 916 01:01:47,200 --> 01:01:48,200 wanna explore. 917 01:01:48,200 --> 01:01:53,280 So we, again, I can't emphasize enough on how much of the education aspect that we do 918 01:01:53,280 --> 01:01:55,480 throughout the development review process. 919 01:01:55,480 --> 01:01:59,960 And then I believe it was Jimmy who touched on this is one of the things that we do is 920 01:01:59,960 --> 01:02:05,980 part of that review is a lot of times people think I'm gonna come in, I get my plan approved. 921 01:02:05,980 --> 01:02:06,980 I'm done with that. 922 01:02:06,980 --> 01:02:07,980 I move on to the next step. 923 01:02:07,980 --> 01:02:11,840 I get that set of plans approved, check that box and I go on to the next step and get that 924 01:02:11,840 --> 01:02:13,580 set of plans approved. 925 01:02:13,580 --> 01:02:17,840 When it comes to the tree preservation plan, one of the things that we do is we keep that 926 01:02:17,840 --> 01:02:24,000 plan status open throughout basically the duration of the review process because we 927 01:02:24,000 --> 01:02:29,380 realize as tweaks get made to the zoning compliance plan and as adjustments get made to the civil 928 01:02:29,380 --> 01:02:35,600 engineering plans that there potentially could be some impacts to the tree preservation aspect. 929 01:02:35,600 --> 01:02:39,740 So we're trying to keep that tree preservation plan as a living document, no pun intended, 930 01:02:39,740 --> 01:02:43,720 but a living document through that review process, if you will, because of the complexity 931 01:02:43,720 --> 01:02:49,120 of our tree preservation ordinance and to continue to ensure that the preservation requirements 932 01:02:49,120 --> 01:02:50,120 are being met. 933 01:02:50,120 --> 01:02:51,120 - Thank you. 934 01:02:51,120 --> 01:02:52,120 Commissioner Brewer. 935 01:02:52,120 --> 01:02:53,120 - Thank you, Chair. 936 01:02:53,120 --> 01:02:59,320 I do have one additional question which wasn't really touched on in the presentation. 937 01:02:59,320 --> 01:03:03,440 So if we need to delay this, let me know. 938 01:03:03,440 --> 01:03:10,200 A couple of times there've been concerns in the community when a property that might be 939 01:03:10,200 --> 01:03:17,520 a very old residential property that has a residential use, but it might be on a large 940 01:03:17,520 --> 01:03:25,600 strangely shaped lot that could be redeveloped in the future changes ownership and then many 941 01:03:25,600 --> 01:03:36,180 trees are removed because of the ability that state law allows in my understanding to remove 942 01:03:36,180 --> 01:03:42,040 trees if it's a single family home use on a property, right? 943 01:03:42,040 --> 01:03:47,800 And the concerns I've heard is that when that happens, it looks like a way to get an end 944 01:03:47,800 --> 01:03:53,600 run around the preservation requirements, does that make sense? 945 01:03:53,600 --> 01:04:04,400 - I've seen that and I just, my question would be, have we carefully considered whether the 946 01:04:04,400 --> 01:04:09,920 requirements that we have do as good of a job as we can at trying to prevent that given 947 01:04:09,920 --> 01:04:13,000 the limitations that we have legally? 948 01:04:13,000 --> 01:04:15,480 - You know, that's a great question. 949 01:04:15,480 --> 01:04:21,240 So the challenge with state law is one, we have to follow it, right? 950 01:04:21,240 --> 01:04:26,920 And it's very favorable towards property owners and it has specific requirements in there 951 01:04:26,920 --> 01:04:29,440 when it comes to addressing trees. 952 01:04:29,440 --> 01:04:42,400 So it is when we ensure that we follow state law requirements and our ordinance, some might 953 01:04:42,400 --> 01:04:48,320 think that that's a workaround to the code, but if we know that they have plans for development, 954 01:04:48,320 --> 01:04:52,200 we try to get in front of that and I guess Haley, I don't know if you have anything else 955 01:04:52,200 --> 01:04:57,840 to add on that front or if I summarize that correctly, okay, so. 956 01:04:57,840 --> 01:05:04,720 - Very good, thank you all for the presentation, it was great, yeah, very informative, much 957 01:05:04,720 --> 01:05:05,720 appreciated. 958 01:05:05,720 --> 01:05:10,840 Okay, with that, I'll go ahead and adjourn us at 6.10 PM and we will reconvene in council 959 01:05:10,840 --> 01:05:15,480 chambers for our regular meeting at 6.30. 960 01:05:15,480 --> 01:05:24,080 - Good evening and welcome to the City of Denton's Planning and Zoning Commission meeting 961 01:05:24,080 --> 01:05:28,360 for Wednesday, September 11th, 2024. 962 01:05:28,360 --> 01:05:34,480 With the quorum present, I will call us to order at 6.38 PM, let the record show that 963 01:05:34,480 --> 01:05:37,480 Commissioner Pedrone is absent tonight. 964 01:05:37,480 --> 01:05:42,480 First item on our agenda is the Pledge of Allegiance to the US and Texas Flags. 965 01:05:42,480 --> 01:05:51,480 - I pledge allegiance to the flag of the United States of America and to the Republic for 966 01:05:51,480 --> 01:05:58,480 which it stands, one nation under God, indivisible, with liberty and justice for all. 967 01:05:58,480 --> 01:06:09,480 - Honor the Texas flag, I pledge allegiance to thee, Texas, one state under God, one and 968 01:06:09,480 --> 01:06:11,320 indivisible. 969 01:06:11,320 --> 01:06:16,240 - Thank you, first item for our consideration tonight is the approval of our minutes for 970 01:06:16,240 --> 01:06:19,440 August 28th meeting. 971 01:06:19,440 --> 01:06:20,440 Commissioner Villarreal. 972 01:06:20,440 --> 01:06:21,440 - Move approval. 973 01:06:21,440 --> 01:06:22,440 - Commissioner Cole. 974 01:06:22,440 --> 01:06:23,440 - Second. 975 01:06:23,440 --> 01:06:27,400 - Okay, we've got a first and a second to approve our minutes from August 28th, 2024. 976 01:06:27,400 --> 01:06:28,400 Any discussion? 977 01:06:28,400 --> 01:06:37,760 Okay, let's vote please. 978 01:06:37,760 --> 01:06:41,160 That motion carries five zero. 979 01:06:41,160 --> 01:06:46,280 That will take us to our consent agenda this evening. 980 01:06:46,280 --> 01:06:47,280 Commissioner Villarreal. 981 01:06:47,280 --> 01:06:48,280 - Move approval. 982 01:06:48,280 --> 01:06:49,280 - Commissioner Thaggard. 983 01:06:49,280 --> 01:06:50,280 - Second. 984 01:06:50,280 --> 01:06:55,080 - We've got a first and a second for approval of the consent agenda discussion. 985 01:06:55,080 --> 01:07:01,960 Let's vote please. 986 01:07:01,960 --> 01:07:03,400 That motion carries five zero. 987 01:07:03,400 --> 01:07:06,380 That will take us to our items for individual consideration. 988 01:07:06,380 --> 01:07:13,640 This being 4A, FP 240032 and Erin is here for presentation. 989 01:07:13,640 --> 01:07:14,640 Hi. 990 01:07:14,640 --> 01:07:15,640 - Hello. 991 01:07:15,640 --> 01:07:26,600 - Good evening, Erin Stanley, assistant planner. 992 01:07:26,600 --> 01:07:29,840 This is FP 24-0032. 993 01:07:29,840 --> 01:07:36,800 This is the Ryle Development Corporation or addition final plat and this was previously 994 01:07:36,800 --> 01:07:43,080 in your packet for their first extension request. 995 01:07:43,080 --> 01:07:46,920 Since the packet went out, they were able to satisfy all of their outstanding comments. 996 01:07:46,920 --> 01:07:53,520 They were primarily labeling, showing easements, checklist items. 997 01:07:53,520 --> 01:07:59,080 The face of the plat did not change too much and this was also emailed out to you between 998 01:07:59,080 --> 01:08:02,320 work session and now to review. 999 01:08:02,320 --> 01:08:04,840 We are recommending approval but I'll stand for any questions. 1000 01:08:04,840 --> 01:08:06,080 - Thanks, Erin. 1001 01:08:06,080 --> 01:08:07,080 Any questions? 1002 01:08:07,080 --> 01:08:08,080 Okay. 1003 01:08:08,080 --> 01:08:10,180 I don't see any. 1004 01:08:10,180 --> 01:08:13,240 Thank you so much. 1005 01:08:13,240 --> 01:08:19,880 Chair can entertain a motion or discussion at this time. 1006 01:08:19,880 --> 01:08:20,880 Commissioner Pruitt. 1007 01:08:20,880 --> 01:08:24,840 - I'll move approval of the updated plat that was just sent to us. 1008 01:08:24,840 --> 01:08:25,840 - Great. 1009 01:08:25,840 --> 01:08:26,840 Commissioner Thaggard. 1010 01:08:26,840 --> 01:08:27,840 - Second. 1011 01:08:27,840 --> 01:08:29,480 - Second for approval. 1012 01:08:29,480 --> 01:08:30,480 Any discussion? 1013 01:08:30,480 --> 01:08:31,480 Okay. 1014 01:08:31,480 --> 01:08:44,180 Let's vote, please. 1015 01:08:44,180 --> 01:08:45,960 That motion carries 5-0. 1016 01:08:45,960 --> 01:08:51,160 That will take us to 4-B, FP 24-0033. 1017 01:08:51,160 --> 01:08:52,720 Angie is here for presentation. 1018 01:08:52,720 --> 01:08:53,720 Hello. 1019 01:08:53,720 --> 01:08:56,200 - Good evening, Chair and members of the commission. 1020 01:08:56,200 --> 01:08:58,480 Angie Manglars, Development Review Manager. 1021 01:08:58,480 --> 01:09:01,840 This is a final plat for Estella Hills, Phase 2A. 1022 01:09:01,840 --> 01:09:07,440 It is approximately a 21-acre site located approximately 1,500 feet south of East McKinney 1023 01:09:07,440 --> 01:09:09,560 into the east of Laney Circle. 1024 01:09:09,560 --> 01:09:14,960 The purpose of this final plat is to establish 85 single-family residential lots as well 1025 01:09:14,960 --> 01:09:19,600 as to establish streets and easements necessary for the development of a single-family residential 1026 01:09:19,600 --> 01:09:20,600 neighborhood. 1027 01:09:20,600 --> 01:09:25,360 It is part of the overall Estella Hills development, which is zoned Residential 6. 1028 01:09:25,360 --> 01:09:29,360 At this time, the proposed plat does not meet our criteria for approval. 1029 01:09:29,360 --> 01:09:30,600 Staff is recommending denial. 1030 01:09:30,600 --> 01:09:34,920 However, staff has no objection to the requested extension to a date certain of October 9th. 1031 01:09:34,920 --> 01:09:37,680 This will be their first extension request for this phase. 1032 01:09:37,680 --> 01:09:39,640 Happy to answer any questions you all may have. 1033 01:09:39,640 --> 01:09:40,640 - Great. 1034 01:09:40,640 --> 01:09:41,640 Thank you, Angie. 1035 01:09:41,640 --> 01:09:43,040 Do not see any questions. 1036 01:09:43,040 --> 01:09:44,040 Thank you. 1037 01:09:44,040 --> 01:09:45,040 Commissioner Villarreal. 1038 01:09:45,040 --> 01:09:49,360 - Move approval of the extension request to a date certain of October 9th, 2024. 1039 01:09:49,360 --> 01:09:50,360 - Great. 1040 01:09:50,360 --> 01:09:51,360 Commissioner Thaggard. 1041 01:09:51,360 --> 01:09:52,360 - Second. 1042 01:09:52,360 --> 01:09:59,800 - Second to grant the extension request to a date certain of October 9th, 2024. 1043 01:09:59,800 --> 01:10:08,600 Seeing no discussion, let's go ahead and vote on the board, please. 1044 01:10:08,600 --> 01:10:10,320 That motion carries 5-0. 1045 01:10:10,320 --> 01:10:15,120 That will take us to 4C, FP 240034. 1046 01:10:15,120 --> 01:10:16,880 Angie here again for presentation. 1047 01:10:16,880 --> 01:10:18,720 - Thank you, Chair. 1048 01:10:18,720 --> 01:10:20,960 Angie Manglars, Development Review Manager. 1049 01:10:20,960 --> 01:10:23,740 This is the final plat for Stella Hills, phase 2B. 1050 01:10:23,740 --> 01:10:26,120 This is a approximately 15-acre site. 1051 01:10:26,120 --> 01:10:30,400 It is situated just south of East McKinney Street to the east of Laney Circle. 1052 01:10:30,400 --> 01:10:34,560 The purpose of this phase of the final plat is to establish 52 single-family residential 1053 01:10:34,560 --> 01:10:39,260 lots, one open-space lot, as well as associated rights of way and easements necessary for 1054 01:10:39,260 --> 01:10:42,400 development of a single-family residential neighborhood. 1055 01:10:42,400 --> 01:10:45,240 Staff is recommending denial as there are still some comments to be addressed. 1056 01:10:45,240 --> 01:10:49,200 However, has no objection to the requested extension, which could be granted to October 1057 01:10:49,200 --> 01:10:50,200 9th. 1058 01:10:50,200 --> 01:10:52,240 Commissioner, any questions you all may have? 1059 01:10:52,240 --> 01:10:53,240 - Thanks, Angie. 1060 01:10:53,240 --> 01:10:55,160 I do not have any questions. 1061 01:10:55,160 --> 01:11:00,280 Thank you so much. 1062 01:11:00,280 --> 01:11:01,280 Commissioner Villarreal. 1063 01:11:01,280 --> 01:11:06,520 - I move approval of the extension request to a date certain of October 9th, 2024. 1064 01:11:06,520 --> 01:11:07,520 - Commissioner Thaggard. 1065 01:11:07,520 --> 01:11:08,520 - Second. 1066 01:11:08,520 --> 01:11:11,200 - We've got a first and a second to grant the extension request to a date certain of 1067 01:11:11,200 --> 01:11:14,560 October 9th, 2024. 1068 01:11:14,560 --> 01:11:16,160 Discussion? 1069 01:11:16,160 --> 01:11:19,160 Let's vote, please. 1070 01:11:19,160 --> 01:11:23,880 - That motion carries 5-0. 1071 01:11:23,880 --> 01:11:30,920 That will take us to our public hearings for tonight, our first being 5-A, PD240002. 1072 01:11:30,920 --> 01:11:34,800 I will go ahead and open the public hearing, and Ashley is here for presentation. 1073 01:11:34,800 --> 01:11:35,800 Hello. 1074 01:11:35,800 --> 01:11:41,360 - Good evening, Chair, members of the commission, Ashley Eckstead, Associate Planner. 1075 01:11:41,360 --> 01:11:45,600 This is PD242, Jefferson North Elm. 1076 01:11:45,600 --> 01:11:49,800 This is a request to rezone from a residential two-zoning district to a planned development 1077 01:11:49,800 --> 01:11:54,520 with mixed-use neighborhood and public facilities-based zoning districts to facilitate the development 1078 01:11:54,520 --> 01:11:58,400 of 450 multifamily dwellings and park dedication. 1079 01:11:58,400 --> 01:12:02,960 The existing zoning is R2, shown on the map on the left, and the future land use is neighborhood 1080 01:12:02,960 --> 01:12:06,280 mixed-use, shown on the map on the right. 1081 01:12:06,280 --> 01:12:11,360 Just to do a general overview of the proposed site, there will be two sub-districts, sub-district 1082 01:12:11,360 --> 01:12:15,400 A, which will have an MN-based zoning, and that will be the multifamily use. 1083 01:12:15,400 --> 01:12:21,520 That will be 15.76 acres, and then sub-district B will have the PF-based zoning and the park 1084 01:12:21,520 --> 01:12:24,440 dedication, and that will be 10.2 acres. 1085 01:12:24,440 --> 01:12:31,840 The overall tree canopy will be over 47%, landscape area 61%, open space at 41%, and 1086 01:12:31,840 --> 01:12:35,160 they are currently showing 52% tree preservation. 1087 01:12:35,160 --> 01:12:41,080 The PD does allow for a minimum 40% tree preservation to allow for any improvements that are finalized 1088 01:12:41,080 --> 01:12:45,360 within the park, but the intent is to not remove any additional trees. 1089 01:12:45,360 --> 01:12:49,040 The multifamily buildings will be clustered on the east side of the property. 1090 01:12:49,040 --> 01:12:55,600 As you can see, the extent of the existing trees are on the west property. 1091 01:12:55,600 --> 01:13:00,400 To go over the development plan for sub-district A, which is the MN base in the multifamily 1092 01:13:00,400 --> 01:13:05,920 units, there will be 450 residences within four buildings with an approximately 45-foot 1093 01:13:05,920 --> 01:13:06,920 height. 1094 01:13:06,920 --> 01:13:09,640 Those are outlined here on the screen in red. 1095 01:13:09,640 --> 01:13:12,200 They are mostly situated along Elm and Locust. 1096 01:13:12,200 --> 01:13:14,400 There is one building internal to the site. 1097 01:13:14,400 --> 01:13:20,400 There will be 765 vehicle parking spaces and 40 bicycle parking spaces. 1098 01:13:20,400 --> 01:13:24,560 There is internal pedestrian paths and bike lanes throughout the site, including three 1099 01:13:24,560 --> 01:13:29,760 individual entrances into the park, and those are circled on the plan in blue. 1100 01:13:29,760 --> 01:13:34,920 There's also several connections to the perimeter street sidewalk, which they will also be constructing, 1101 01:13:34,920 --> 01:13:40,400 and they will be a 10-foot wide side pass along North Locust and North Elm Street. 1102 01:13:40,400 --> 01:13:43,520 There will be two entrances outlined here in green. 1103 01:13:43,520 --> 01:13:48,520 The one on Elm will be right in, right out, and the entrance off of Locust will have a 1104 01:13:48,520 --> 01:13:49,920 left turn lane installed. 1105 01:13:49,920 --> 01:13:55,760 They'll also be dedicating 55 feet of right-of-way on their portion, which will involve a second 1106 01:13:55,760 --> 01:13:58,920 through lane southbound. 1107 01:13:58,920 --> 01:14:03,080 Amenities within the multifamily development are clubhouse, outdoor pool, trail, and outdoor 1108 01:14:03,080 --> 01:14:05,040 seating. 1109 01:14:05,040 --> 01:14:10,760 The landscaping plan for Sub-District A, they will have 39% landscape area and 43% tree 1110 01:14:10,760 --> 01:14:12,240 canopy cover. 1111 01:14:12,240 --> 01:14:16,200 There is detention pond landscaping, which is outlined on the plan in green, and that 1112 01:14:16,200 --> 01:14:22,360 includes trees that are suited to that environment as well as a pond mix of native grasses. 1113 01:14:22,360 --> 01:14:26,480 They'll also have street trees placed in the right-of-way between the side path and the 1114 01:14:26,480 --> 01:14:29,760 street pavement, and those are outlined here on the plan in red. 1115 01:14:29,760 --> 01:14:34,040 There was one location along Elm where existing utilities prevented the placement of street 1116 01:14:34,040 --> 01:14:37,960 trees, and those have been relocated to other areas of the site. 1117 01:14:37,960 --> 01:14:43,240 They also have parking lot landscaping, end caps, medians, and islands, and some of those 1118 01:14:43,240 --> 01:14:45,640 are outlined here on the plan in yellow. 1119 01:14:45,640 --> 01:14:50,500 Additionally, they'll have landscape burns in the 20-foot public utility easement that's 1120 01:14:50,500 --> 01:14:55,580 required along text-dot roadways, and there's also a butterfly garden, which is outlined 1121 01:14:55,580 --> 01:14:59,600 on the plan in blue. 1122 01:14:59,600 --> 01:15:02,020 To go over the elevations, this is one of the buildings. 1123 01:15:02,020 --> 01:15:05,520 This is the building that's at the intersection of Locust and Elm. 1124 01:15:05,520 --> 01:15:11,560 As discussed, there will be four stories, approximately 54 feet tall, and some of them 1125 01:15:11,560 --> 01:15:16,020 will have garages, as shown on the plan here. 1126 01:15:16,020 --> 01:15:22,560 The park dedication, Sub-District B, this will have the PF base zoning and 10.2 acres. 1127 01:15:22,560 --> 01:15:28,700 The overall landscape area for this Sub-District is 94%, and tree canopy, 52%. 1128 01:15:28,700 --> 01:15:33,160 There will be several trails throughout the park, as well as the tree preservation. 1129 01:15:33,160 --> 01:15:36,960 There is currently an existing house on this site. 1130 01:15:36,960 --> 01:15:42,160 At the beginning stages of review of this project, keeping the home was considered. 1131 01:15:42,160 --> 01:15:46,000 However, staff has walked the property with the applicant and determined that it would 1132 01:15:46,000 --> 01:15:49,880 be financially infeasible for the city to bring the house up to the current standards 1133 01:15:49,880 --> 01:15:51,280 for public use. 1134 01:15:51,280 --> 01:15:55,760 Additionally, there's been several changes over the years in addition to the house, and 1135 01:15:55,760 --> 01:15:58,160 the house no longer has historical integrity. 1136 01:15:58,160 --> 01:16:02,680 A letter was included in the backup from the original owners of this home that detailed 1137 01:16:02,680 --> 01:16:08,320 all those changes, such as moving doors, moving windows, addition of a second story, and an 1138 01:16:08,320 --> 01:16:11,640 addition of additional rooms. 1139 01:16:11,640 --> 01:16:15,800 This plan is currently conceptual, and this will be finalized with the park development 1140 01:16:15,800 --> 01:16:16,800 agreement. 1141 01:16:16,800 --> 01:16:21,800 That park development agreement will go to the Parks Board and City Council for approval. 1142 01:16:21,800 --> 01:16:28,440 The developer is willing to do additional public engagement for the park improvements, 1143 01:16:28,440 --> 01:16:33,040 and they actually have already begun that at their last neighborhood meeting. 1144 01:16:33,040 --> 01:16:39,060 The parking will be at Evers Park, which is on the opposite side of Windsor. 1145 01:16:39,060 --> 01:16:43,080 There has been discussions to install a hawk signal across Windsor, which is outlined on 1146 01:16:43,080 --> 01:16:45,600 the plan here in blue. 1147 01:16:45,600 --> 01:16:49,440 There's also an existing trail along Evers Park, and that trail would continue through 1148 01:16:49,440 --> 01:16:53,120 this property. 1149 01:16:53,120 --> 01:16:55,280 This does meet the criteria for approval. 1150 01:16:55,280 --> 01:16:58,640 It would allow for the development of the property with land uses consistent with the 1151 01:16:58,640 --> 01:17:01,200 neighborhood mixed use future land use. 1152 01:17:01,200 --> 01:17:05,640 It also minimizes adverse environmental impacts by dedicating a park and exceeding the minimum 1153 01:17:05,640 --> 01:17:10,360 tree preservation requirements, and it also provides a greater level of community amenities 1154 01:17:10,360 --> 01:17:14,680 and connectivity than would otherwise be required. 1155 01:17:14,680 --> 01:17:19,400 As stated, the future land use is neighborhood mixed use, and this applies to areas where 1156 01:17:19,400 --> 01:17:23,680 the predominant use is residential, and also a diverse mix of housing types and densities 1157 01:17:23,680 --> 01:17:25,360 may be accommodated. 1158 01:17:25,360 --> 01:17:29,280 These areas should also raise a standard of design to increase connectivity and mobility 1159 01:17:29,280 --> 01:17:32,660 options and create a sense of place within the neighborhood. 1160 01:17:32,660 --> 01:17:36,840 There are other policies and goals of the comprehensive plan that this development would 1161 01:17:36,840 --> 01:17:37,840 achieve. 1162 01:17:37,840 --> 01:17:43,080 It will be 50% affordable and 50% market rate, which meets the comprehensive plan goals of 1163 01:17:43,080 --> 01:17:46,960 developing a housing stock that meets the needs of all of our residents and expanding 1164 01:17:46,960 --> 01:17:50,160 the availability of affordable housing choices. 1165 01:17:50,160 --> 01:17:55,100 Other goals within the comp plans are encouraging more dense development, coordinating the acquisition 1166 01:17:55,100 --> 01:18:00,080 of parks with goals of mobility and environmental conservation objectives, and ensuring the 1167 01:18:00,080 --> 01:18:04,000 protection of Denton's tree canopy. 1168 01:18:04,000 --> 01:18:09,320 There are competing interests within the comprehensive plan on this project. 1169 01:18:09,320 --> 01:18:13,280 The comprehensive plan calls for land and tree preservation, and then also development 1170 01:18:13,280 --> 01:18:16,000 scale to fit in with the surrounding area. 1171 01:18:16,000 --> 01:18:20,240 The density and scale are concentrated on the eastern portion of this property and clustered 1172 01:18:20,240 --> 01:18:25,560 to achieve that land and tree preservation with a smaller development footprint. 1173 01:18:25,560 --> 01:18:28,800 Those building heights and scale could be considered out of character with the surrounding 1174 01:18:28,800 --> 01:18:30,120 existing development. 1175 01:18:30,120 --> 01:18:36,760 However, a larger development footprint would come at a cost of less land and tree preservation. 1176 01:18:36,760 --> 01:18:40,760 The preferred land preservation and wildlife corridor map is shown here, and it's just 1177 01:18:40,760 --> 01:18:44,880 noted that this property is not identified on either of those maps. 1178 01:18:44,880 --> 01:18:50,240 Additionally, I've included the tree preservation plan here to show the quantity of trees that 1179 01:18:50,240 --> 01:18:54,080 are being protected on this property. 1180 01:18:54,080 --> 01:18:58,240 Public outreach was done, an ad was posted in the newspaper and on the website, and signs 1181 01:18:58,240 --> 01:18:59,700 were posted on the property. 1182 01:18:59,700 --> 01:19:02,940 We mailed out notices to everyone within 500 feet. 1183 01:19:02,940 --> 01:19:08,520 Within 200 feet, we received six responses in opposition for 5.03%, which are shown here 1184 01:19:08,520 --> 01:19:14,480 on this map in red, and one response in favor, 5.41%, which is shown here on this map in 1185 01:19:14,480 --> 01:19:16,600 green. 1186 01:19:16,600 --> 01:19:23,320 The applicant held four neighborhood meetings beginning in December of last year. 1187 01:19:23,320 --> 01:19:27,800 Staff does recommend approval of the request as it seeks to achieve the preservation of 1188 01:19:27,800 --> 01:19:32,160 land and trees while clustering the development on the balance of the property, and it does 1189 01:19:32,160 --> 01:19:34,520 comply with the criteria for approval. 1190 01:19:34,520 --> 01:19:39,840 This is tentatively scheduled for City Council on October 15th, 2024. 1191 01:19:39,840 --> 01:19:43,520 Happy to answer any questions, and the applicant is also here with the presentation. 1192 01:19:43,520 --> 01:19:44,920 Thank you very much, Ashley. 1193 01:19:44,920 --> 01:19:45,920 Commissioner Villarreal. 1194 01:19:45,920 --> 01:19:49,280 Thank you, Chair, and thank you, Ashley, for the presentation. 1195 01:19:49,280 --> 01:19:54,440 Could you explain, I know the letter said they moved doors and windows around, but perhaps 1196 01:19:54,440 --> 01:20:00,080 could you explain like percentage, what percentage is the original building? 1197 01:20:00,080 --> 01:20:04,280 Our historic preservation officer toured the home, and she did not let me know what percentage 1198 01:20:04,280 --> 01:20:10,400 the original building was, but she did state that the cost to bring it back to its original 1199 01:20:10,400 --> 01:20:15,640 state would be prohibitive to accomplish with what was left of the structure that is there 1200 01:20:15,640 --> 01:20:16,640 now. 1201 01:20:16,640 --> 01:20:17,640 Gotcha. 1202 01:20:17,640 --> 01:20:22,440 And I guess, traditionally, what wouldn't be the deciding factor on declaring this a 1203 01:20:22,440 --> 01:20:26,720 historical building, and in this case, we're not declaring it a historical building. 1204 01:20:26,720 --> 01:20:30,600 So I'm going to help with this one. 1205 01:20:30,600 --> 01:20:37,680 So within the debt and development code, there are, I believe it's 13 criteria for evaluation 1206 01:20:37,680 --> 01:20:42,880 of structures if they are designated, and so typically, property owners come forth and 1207 01:20:42,880 --> 01:20:46,160 would request designation of their property, and we would evaluate it in accordance with 1208 01:20:46,160 --> 01:20:47,280 that. 1209 01:20:47,280 --> 01:20:49,600 But in this case, that did not occur. 1210 01:20:49,600 --> 01:20:50,600 Gotcha. 1211 01:20:50,600 --> 01:20:53,120 Thank you. 1212 01:20:53,120 --> 01:20:54,120 Anything else? 1213 01:20:54,120 --> 01:20:56,800 We've got Ashley up here right now. 1214 01:20:56,800 --> 01:20:58,120 Okay. 1215 01:20:58,120 --> 01:20:59,120 We may call you back. 1216 01:20:59,120 --> 01:21:00,120 Thank you. 1217 01:21:00,120 --> 01:21:04,680 I do have some cards wishing to speak on this item, the first being the applicant, so I'll 1218 01:21:04,680 --> 01:21:07,960 go ahead and invite Amy Bissett up. 1219 01:21:07,960 --> 01:21:08,960 Hello. 1220 01:21:08,960 --> 01:21:09,960 Hello. 1221 01:21:09,960 --> 01:21:10,960 Good evening, commissioners. 1222 01:21:10,960 --> 01:21:16,680 Amy Bissett, 97 Land, 109 North Elm, 76201. 1223 01:21:16,680 --> 01:21:20,820 And I do have a brief presentation, but I'm going to leave a lot of this presentation 1224 01:21:20,820 --> 01:21:23,000 to my client. 1225 01:21:23,000 --> 01:21:30,800 I do want to start by sharing perhaps a couple of personal thoughts about why I took this 1226 01:21:30,800 --> 01:21:31,800 project. 1227 01:21:31,800 --> 01:21:38,200 18 years ago, I was a staff member with Keep Denton Beautiful, and I drove by this site 1228 01:21:38,200 --> 01:21:42,240 every day going to work, and I fell in love with it. 1229 01:21:42,240 --> 01:21:48,940 The beautiful trees, the post oaks, the hill, the history of Evers Farm, and having the 1230 01:21:48,940 --> 01:21:53,600 privilege of being a part of the parks management team at that time, I began to advocate for 1231 01:21:53,600 --> 01:21:59,520 the city to look at acquiring the property for permanent preservation. 1232 01:21:59,520 --> 01:22:03,600 Over the course of the next 10 years, while I worked for the city, I continued to look 1233 01:22:03,600 --> 01:22:11,720 at funding options and explore ways to acquire the property to bring it into permanent preservation. 1234 01:22:11,720 --> 01:22:18,480 Unfortunately, the parks department, their strategic priorities are to place parks where 1235 01:22:18,480 --> 01:22:23,640 their currently residents don't have access within walking distance to park amenities 1236 01:22:23,640 --> 01:22:25,280 and recreational activities. 1237 01:22:25,280 --> 01:22:33,160 In this area, we have Evers Park, and it's not too far but distance to North Lakes Park. 1238 01:22:33,160 --> 01:22:37,880 Just in terms of funding priorities, it didn't make sense to acquire the property at that 1239 01:22:37,880 --> 01:22:38,880 time. 1240 01:22:38,880 --> 01:22:44,320 However, over the course of 18 years, I've continued to watch it, and over the last few 1241 01:22:44,320 --> 01:22:50,880 years, as a zoning consultant, I have spoken with numerous developers, engineers, and brokers 1242 01:22:50,880 --> 01:22:53,440 who have looked at this site. 1243 01:22:53,440 --> 01:22:58,640 To be perfectly honest, I was not willing to touch it with a 10-foot pole until JPI 1244 01:22:58,640 --> 01:23:03,600 came along and showed me a site where they were looking at preserving as much of this 1245 01:23:03,600 --> 01:23:06,600 property as possible. 1246 01:23:06,600 --> 01:23:09,840 I want you to consider for a moment what they're actually doing here. 1247 01:23:09,840 --> 01:23:16,000 They're buying 25 acres of property for a development project, and they are donating 1248 01:23:16,000 --> 01:23:21,760 over 10 acres of that property to the city for permanent public use. 1249 01:23:21,760 --> 01:23:28,480 That's 40% of their site, 40% of the land cost that they are willing to give away in 1250 01:23:28,480 --> 01:23:32,280 order to preserve this property. 1251 01:23:32,280 --> 01:23:39,400 Furthermore, I did witness extensive conversations and site visits between JPI and the city regarding 1252 01:23:39,400 --> 01:23:45,040 the historic value of the home on site. 1253 01:23:45,040 --> 01:23:51,240 We all made a lot of effort to look at the potential for saving it and restoring it back 1254 01:23:51,240 --> 01:23:56,920 to its original condition, and ultimately, with it being on the property that is being 1255 01:23:56,920 --> 01:24:02,840 dedicated to the city and the Parks Department, the ongoing maintenance of that was problematic 1256 01:24:02,840 --> 01:24:08,760 in addition to the fact that the historic value had been compromised through multiple 1257 01:24:08,760 --> 01:24:11,480 renovations over the years. 1258 01:24:11,480 --> 01:24:15,480 I just want to say that I have personally watched and advocated for the preservation 1259 01:24:15,480 --> 01:24:21,060 of this property for literally 18 years now, and not a single preservation opportunity 1260 01:24:21,060 --> 01:24:23,880 has come forward before now. 1261 01:24:23,880 --> 01:24:30,920 I believe genuinely that this plan development has the greatest potential to preserve as 1262 01:24:30,920 --> 01:24:34,700 much of this site as possible. 1263 01:24:34,700 --> 01:24:37,920 Because of that, I'm here representing it today. 1264 01:24:37,920 --> 01:24:42,480 I do want to walk you through a few details of the plan development and the specific standards 1265 01:24:42,480 --> 01:24:44,240 associated with it. 1266 01:24:44,240 --> 01:24:49,040 The purpose of this plan development is to facilitate a clustered multifamily development 1267 01:24:49,040 --> 01:24:55,600 on 15.76 acres while preserving 10.2 acres of open space and existing trees. 1268 01:24:55,600 --> 01:25:01,560 I do want to note here that the park dedication ordinance would require a dedication of 2.4 1269 01:25:01,560 --> 01:25:10,460 acres, so they are proposing four times the required amount of park dedication. 1270 01:25:10,460 --> 01:25:15,800 We have written a definition of this land use in the plan development, calling it clustered 1271 01:25:15,800 --> 01:25:17,880 multifamily development. 1272 01:25:17,880 --> 01:25:22,400 That definition is a multifamily development in which density is allowed to be concentrated 1273 01:25:22,400 --> 01:25:26,040 in exchange for the permanent protection of open space. 1274 01:25:26,040 --> 01:25:32,120 The purpose is to protect sensitive lands and common open space areas. 1275 01:25:32,120 --> 01:25:38,680 I wrote the PD standards, and I can tell you that they include enhancements to required 1276 01:25:38,680 --> 01:25:45,320 open space, required amenities, required tree preservation and required landscape requirements. 1277 01:25:45,320 --> 01:25:49,540 They promote the protection and enhancement of natural resources. 1278 01:25:49,540 --> 01:25:54,420 There is some height relief written into the PD standards, specifically to be sensitive 1279 01:25:54,420 --> 01:26:00,600 to the surrounding context, and obviously there's dedication of significant public parkland, 1280 01:26:00,600 --> 01:26:07,320 and the construction of park amenities is provided for by the developer as well. 1281 01:26:07,320 --> 01:26:15,440 The Denton 2040 Comp Plan, simply put, addresses the opportunity to encourage long-term sustainability 1282 01:26:15,440 --> 01:26:19,080 by promoting compact, purposeful growth. 1283 01:26:19,080 --> 01:26:24,160 I believe that this project meets multiple objectives within the Comp Plan, including 1284 01:26:24,160 --> 01:26:31,240 conservation development, which is a concept that is discussed throughout the Comp Plan 1285 01:26:31,240 --> 01:26:40,680 where it is intended to encourage clustering to, in return, preserve open space. 1286 01:26:40,680 --> 01:26:43,760 Also, this discourages urban sprawl. 1287 01:26:43,760 --> 01:26:49,040 It encourages infill and compact development, which is the preferred growth pattern within 1288 01:26:49,040 --> 01:26:55,560 the Comp Plan, and encourages a broad array of housing choices. 1289 01:26:55,560 --> 01:26:59,380 Housing choice and affordability, I do want to point out that within the last few weeks, 1290 01:26:59,380 --> 01:27:05,280 you all had a work session on incentives for affordable housing, and one of those contemplated 1291 01:27:05,280 --> 01:27:13,480 incentives was a density bonus, which is similar to what we're proposing here in exchange for 1292 01:27:13,480 --> 01:27:16,080 preservation of open space. 1293 01:27:16,080 --> 01:27:19,200 With that, I'm going to turn it over to Rich Darrow with JPI. 1294 01:27:19,200 --> 01:27:23,240 JPI did facilitate their own neighborhood meetings, so I'm going to let them go through 1295 01:27:23,240 --> 01:27:28,480 the details of how those went, as well as the details of their plans. 1296 01:27:28,480 --> 01:27:30,440 Thank you. 1297 01:27:30,440 --> 01:27:33,560 Thanks, Amy. 1298 01:27:33,560 --> 01:27:37,480 You're good. 1299 01:27:37,480 --> 01:27:47,960 20 minutes total, that is fine. 1300 01:27:47,960 --> 01:27:48,960 Absolutely. 1301 01:27:48,960 --> 01:27:49,960 Thank you. 1302 01:27:49,960 --> 01:27:50,960 Yes. 1303 01:27:50,960 --> 01:27:51,960 Hi. 1304 01:27:51,960 --> 01:27:52,960 Good evening. 1305 01:27:52,960 --> 01:27:56,320 Thank you, everyone, for letting us come before you tonight. 1306 01:27:56,320 --> 01:27:57,320 My name is Rich Darrow. 1307 01:27:57,320 --> 01:27:58,960 I work for JPI. 1308 01:27:58,960 --> 01:28:05,600 Our address is 9001 Cypress Waters Boulevard in Irving, Texas, 75019. 1309 01:28:05,600 --> 01:28:06,600 Thank you, Ashley, for your presentation. 1310 01:28:06,600 --> 01:28:10,320 Thank you, Amy, for stepping up and discussing the property, as well. 1311 01:28:10,320 --> 01:28:14,160 I'll go through ... I know I'm short on time, so I'll go through briefly who we are, and 1312 01:28:14,160 --> 01:28:18,380 then I'll get into the plan and everything that we've done since, really, last October. 1313 01:28:18,380 --> 01:28:22,160 So who JPI is ... We've been around since 1989. 1314 01:28:22,160 --> 01:28:30,560 We have developed in 141 different cities, created 114,000 homes in across 373 different 1315 01:28:30,560 --> 01:28:31,560 communities. 1316 01:28:31,560 --> 01:28:36,400 We are the number one fastest growing developer in the nation. 1317 01:28:36,400 --> 01:28:39,880 We're the number eight largest developer in the nation. 1318 01:28:39,880 --> 01:28:44,800 We're the number two fastest growing builder in the nation, and number 11 largest builder 1319 01:28:44,800 --> 01:28:45,800 in the nation. 1320 01:28:45,800 --> 01:28:51,000 And that is all based off of just DFW, and then we also have an office in California, 1321 01:28:51,000 --> 01:28:55,000 and that is just off two markets, so everything that we're competing with is our national 1322 01:28:55,000 --> 01:28:58,120 brands, and we are just ... We're local developers. 1323 01:28:58,120 --> 01:28:59,120 We're the market leader. 1324 01:28:59,120 --> 01:29:02,840 Everywhere we go, we want to be the nicest product with the highest rent. 1325 01:29:02,840 --> 01:29:08,840 Everything that we do is class A. We're always looking at the next trends, whatever we can 1326 01:29:08,840 --> 01:29:13,840 do to make the apartment the most appealing for the new renters. 1327 01:29:13,840 --> 01:29:15,960 We're also a one-stop shop. 1328 01:29:15,960 --> 01:29:19,440 We find the site, we plan the site, we develop it. 1329 01:29:19,440 --> 01:29:22,080 We construct the building and we manage it. 1330 01:29:22,080 --> 01:29:23,820 So we're a one-stop shop. 1331 01:29:23,820 --> 01:29:29,040 Everything is at JPI, which is also good for the city and good for control of the development. 1332 01:29:29,040 --> 01:29:31,880 Here's a little bit of examples of what we do. 1333 01:29:31,880 --> 01:29:35,120 So this is main leasing center. 1334 01:29:35,120 --> 01:29:38,720 This is what you walk into, double volume ceilings. 1335 01:29:38,720 --> 01:29:43,800 Community areas, also enough room to also have the leasing agents lease out. 1336 01:29:43,800 --> 01:29:47,960 Here's more community areas overlooking a courtyard and pool. 1337 01:29:47,960 --> 01:29:51,920 City of the Art Fitness Center, you have everything you can do in the fitness center, from free 1338 01:29:51,920 --> 01:29:54,880 weights to cardio to CrossFit stuff. 1339 01:29:54,880 --> 01:29:57,520 And then we even go above and beyond on the mail rooms. 1340 01:29:57,520 --> 01:29:59,800 We also see this as a gathering area. 1341 01:29:59,800 --> 01:30:02,440 A big thing for our communities is to have community. 1342 01:30:02,440 --> 01:30:08,200 We want our residents to come together, to be together, and have a sense of community 1343 01:30:08,200 --> 01:30:10,120 within our developments. 1344 01:30:10,120 --> 01:30:13,920 And so our property management team, onsite property management team also has programmed 1345 01:30:13,920 --> 01:30:20,160 events within the leasing centers and within the pool areas throughout the year. 1346 01:30:20,160 --> 01:30:22,360 This is an example of one of our units. 1347 01:30:22,360 --> 01:30:24,000 So I'll get into the project. 1348 01:30:24,000 --> 01:30:29,400 I know Ashley showed a 2D image, but here's a 3D image of our elevations. 1349 01:30:29,400 --> 01:30:34,800 This is the third iteration of elevations we've had after multiple neighborhood meetings. 1350 01:30:34,800 --> 01:30:36,360 Now we'll get into the site location. 1351 01:30:36,360 --> 01:30:38,560 So Amy touched on it a bit. 1352 01:30:38,560 --> 01:30:40,560 We first found the site in October. 1353 01:30:40,560 --> 01:30:44,720 Again, it's 25 acres, and I saw this as an opportunity. 1354 01:30:44,720 --> 01:30:48,400 I spoke with the sellers, and they saw this as an opportunity as well. 1355 01:30:48,400 --> 01:30:51,880 We weren't the only developers looking at this site, and they also had single family 1356 01:30:51,880 --> 01:30:57,080 developers and bill torrent developers looking at this site, where they would go across the 1357 01:30:57,080 --> 01:31:03,120 entire piece of land and wreck all of the trees, and they saw our plan, and they liked 1358 01:31:03,120 --> 01:31:06,640 our plan, and they thought that had the best chance to move forward because we were consolidating 1359 01:31:06,640 --> 01:31:10,020 the density to the southeast. 1360 01:31:10,020 --> 01:31:12,880 As Ashley did a good job of mentioning, it's zoned R2. 1361 01:31:12,880 --> 01:31:16,040 You could have 70 houses with no preservation. 1362 01:31:16,040 --> 01:31:20,800 Future land use is neighborhood mixed use, which allows for multifamily. 1363 01:31:20,800 --> 01:31:23,320 And then here's the project again. 1364 01:31:23,320 --> 01:31:29,320 Amy went over this, but again, it's 25 acres, 450 units consolidated in the southeast. 1365 01:31:29,320 --> 01:31:34,680 You have 10.2 acres that will be dedicated to parks, and then that will go through its 1366 01:31:34,680 --> 01:31:40,240 own public hearing with a developer's agreement post-zoning. 1367 01:31:40,240 --> 01:31:45,800 Within that 10 and a half acres of park land, we have a tree grove, we'll have a little 1368 01:31:45,800 --> 01:31:49,080 meadow where there isn't any trees, and we'll have a trail around it, and we'll also have 1369 01:31:49,080 --> 01:31:50,960 the Avers Memorial Park. 1370 01:31:50,960 --> 01:31:56,240 All in all, this development will have 3,500 feet of meandering trails just within this 1371 01:31:56,240 --> 01:32:02,220 portion itself, and then that doesn't include 2,800 feet of trails that we're installing 1372 01:32:02,220 --> 01:32:07,160 both across the city land on the northeast, and then along Elm and Locust to our east 1373 01:32:07,160 --> 01:32:09,500 and south. 1374 01:32:09,500 --> 01:32:15,680 We're preserving 52% of the trees, which is well over the required preservation of trees. 1375 01:32:15,680 --> 01:32:17,840 Multifamily developers have to preserve 25%. 1376 01:32:17,840 --> 01:32:23,560 Single-family developers have to preserve 20%, and we are at 52%. 1377 01:32:23,560 --> 01:32:29,320 All of the improvements to the park will be on our dollar in collaboration with the Parks 1378 01:32:29,320 --> 01:32:33,720 Department, but that is what the developer's agreement will be for, so we can work through 1379 01:32:33,720 --> 01:32:36,080 the details of what this concept will be. 1380 01:32:36,080 --> 01:32:41,400 We've had a neighborhood meeting, the fourth neighborhood meeting we discussed with the 1381 01:32:41,400 --> 01:32:47,880 neighbors about the Avers Memorial Park, and we've had multiple neighbors reach out to 1382 01:32:47,880 --> 01:32:53,160 us post-meeting with ideas of what to do with that park, because we're not the most creative 1383 01:32:53,160 --> 01:32:57,080 when it comes to something like that, so we've received some ideas of what to do. 1384 01:32:57,080 --> 01:33:01,600 What we proposed was a shade structure with a manicured lawn and then a plaque that will 1385 01:33:01,600 --> 01:33:07,440 commemorate the Avers family, what that land was, and it'll be a nice little gathering 1386 01:33:07,440 --> 01:33:09,480 area for the community. 1387 01:33:09,480 --> 01:33:13,840 This is something we received from a neighbor over the weekend, actually, and this is one 1388 01:33:13,840 --> 01:33:17,640 of her ideas for commemorating the Avers family. 1389 01:33:17,640 --> 01:33:21,600 To the bottom left of the picture, this is Franklin Court in Philadelphia. 1390 01:33:21,600 --> 01:33:26,360 This is actually Benjamin Franklin's old house, and the city had wrecked it, and then they 1391 01:33:26,360 --> 01:33:31,640 decided to put a ghost house there so people can still gather in that area and play in 1392 01:33:31,640 --> 01:33:34,360 the courtyard and have another gathering space. 1393 01:33:34,360 --> 01:33:37,680 On the right side of the page is in South Carolina. 1394 01:33:37,680 --> 01:33:43,420 It's a whole plantation memorial, and this is one of the original houses on the plantation. 1395 01:33:43,420 --> 01:33:46,760 What that is is it's showing the footprint of the house, and then if you look through 1396 01:33:46,760 --> 01:33:51,880 that picture frame, it'll show the house through engraving on glass, so you can kind of see 1397 01:33:51,880 --> 01:33:53,480 what the structure of the house is. 1398 01:33:53,480 --> 01:33:58,640 That's just one of the ideas, we're open to anything. 1399 01:33:58,640 --> 01:33:59,960 More on the trail connectivity. 1400 01:33:59,960 --> 01:34:05,380 This touches on the 10-foot sidewalk along the entire boundary of the property. 1401 01:34:05,380 --> 01:34:07,800 And then addressing the city need. 1402 01:34:07,800 --> 01:34:13,640 The city did a study in February of 2024 that put together a strategic toolkit in order to 1403 01:34:13,640 --> 01:34:19,160 help developers build moderately priced homes, because obviously in the past few years we've 1404 01:34:19,160 --> 01:34:25,480 had a lack of moderately priced homes being built. 1405 01:34:25,480 --> 01:34:31,000 The big boom in the last few years has been houses from 300,000 and up, and most of them 1406 01:34:31,000 --> 01:34:36,120 really are at 400,000, and 300,000 is just the marketing price. 1407 01:34:36,120 --> 01:34:40,360 According to the housing needs assessment done in '21, which is what this study took 1408 01:34:40,360 --> 01:34:45,520 into account, the city can anticipate demand for approximately 4,300 moderately priced 1409 01:34:45,520 --> 01:34:50,480 units between 2021 and 2030. 1410 01:34:50,480 --> 01:34:58,840 More key takeaways is public-private partnerships and cities working with developers for incentives 1411 01:34:58,840 --> 01:35:03,000 and grants and infill zoning changes, and then public-private partnership including 1412 01:35:03,000 --> 01:35:05,400 partnering with the Denton Housing Authority. 1413 01:35:05,400 --> 01:35:09,160 So our project fits into this because we've actually partnered with the Denton Housing 1414 01:35:09,160 --> 01:35:10,160 Authority. 1415 01:35:10,160 --> 01:35:14,320 This would be the third deal we're working with the Denton Housing Authority. 1416 01:35:14,320 --> 01:35:19,120 We already have executed a memorandum of understanding with them, which is essentially like an LOI 1417 01:35:19,120 --> 01:35:22,880 for buying a piece of property or a house. 1418 01:35:22,880 --> 01:35:27,760 So we've already partnered with them and come to an agreement to have the 50% market 1419 01:35:27,760 --> 01:35:28,760 rate units. 1420 01:35:28,760 --> 01:35:33,120 So this will still be our Class A product market rate product, but we'll, because of 1421 01:35:33,120 --> 01:35:38,760 our partnership with the Denton Housing Authority, we'll have 40% of the units serving 80% AMI, 1422 01:35:38,760 --> 01:35:43,480 which is 80% of area median income. 1423 01:35:43,480 --> 01:35:48,400 So 40% of those units will serve the people that are making that and then 10% of the units 1424 01:35:48,400 --> 01:35:51,520 will be serving 50% of the area median income. 1425 01:35:51,520 --> 01:35:55,680 So the goal here is to keep your teachers in town, your police in town, your firefighters 1426 01:35:55,680 --> 01:36:00,500 in town, your nurses in town, but also post-grants because you get a lot of young professionals 1427 01:36:00,500 --> 01:36:04,640 when they graduate UNT they want to stay in Denton and it's hard for them to find somewhere 1428 01:36:04,640 --> 01:36:07,920 to live that they can afford. 1429 01:36:07,920 --> 01:36:09,960 Now I'll go into the neighborhood outreach. 1430 01:36:09,960 --> 01:36:12,040 We've had four neighborhood meetings in total. 1431 01:36:12,040 --> 01:36:14,920 The first one was in December of 2023. 1432 01:36:14,920 --> 01:36:16,520 We presented our first plan. 1433 01:36:16,520 --> 01:36:24,280 We heard concerns about the site layout, about the house not being preserved and overall 1434 01:36:24,280 --> 01:36:26,360 kind of what our architecture looked like. 1435 01:36:26,360 --> 01:36:27,960 So we heard that. 1436 01:36:27,960 --> 01:36:29,500 We took all that into account. 1437 01:36:29,500 --> 01:36:33,440 We then went back to the drawing board with the site plan and elevations and then had 1438 01:36:33,440 --> 01:36:34,440 a second neighborhood meeting. 1439 01:36:34,440 --> 01:36:38,120 And that second neighborhood meeting is when we moved everything to the southeast where 1440 01:36:38,120 --> 01:36:41,760 the least amount of trees were away from the property because our plan at that point was 1441 01:36:41,760 --> 01:36:45,440 to preserve the Evers farmhouse. 1442 01:36:45,440 --> 01:36:49,160 And then at that meeting as well we showed another rendering of what our elevations looked 1443 01:36:49,160 --> 01:36:50,160 like. 1444 01:36:50,160 --> 01:36:54,360 We still had work to do there, but then we decided we needed a third neighborhood meeting. 1445 01:36:54,360 --> 01:36:57,640 But before that third neighborhood meeting and because of the result of the second neighborhood 1446 01:36:57,640 --> 01:37:01,960 meeting we had, I actually had a sidewalk with the previous owner, Mike Reed, because 1447 01:37:01,960 --> 01:37:04,800 I wanted to see since we're preserving this house I wanted to know what we're getting 1448 01:37:04,800 --> 01:37:05,800 into. 1449 01:37:05,800 --> 01:37:07,440 And I walked the house with him. 1450 01:37:07,440 --> 01:37:13,120 He walked me through all the additions that had been done to the house, some by him himself, 1451 01:37:13,120 --> 01:37:15,440 some by his wife's grandparents. 1452 01:37:15,440 --> 01:37:20,600 And I know Jordan you had brought up kind of what the percentage was of the house. 1453 01:37:20,600 --> 01:37:24,820 I don't have percentages exactly, but I know originally it was a four bedroom house and 1454 01:37:24,820 --> 01:37:30,040 since then two rooms have been attached, a second story has been attached, and the wraparound 1455 01:37:30,040 --> 01:37:31,520 porch is not original either. 1456 01:37:31,520 --> 01:37:33,720 So you're looking at quite a bit. 1457 01:37:33,720 --> 01:37:40,400 And in order to preserve that house, after doing a sidewalk with city staff, parks, and 1458 01:37:40,400 --> 01:37:44,520 Cameron Robertson, the historic preservation officer, was determined in a collaboration 1459 01:37:44,520 --> 01:37:49,560 effort with them that it's kind of you're doing more harm than good by saving that house. 1460 01:37:49,560 --> 01:37:53,920 Because when it comes to that house you have to take off all of the additions that have 1461 01:37:53,920 --> 01:37:59,040 been done in order to bring it back to its original state, in order for it to be historic. 1462 01:37:59,040 --> 01:38:05,340 And then on top of that you also have to bring it up to modern codes, which modern electrical, 1463 01:38:05,340 --> 01:38:08,580 fire lanes, more parking, more driveways. 1464 01:38:08,580 --> 01:38:12,520 So in making the footprint of the house smaller, you're actually making it larger and eating 1465 01:38:12,520 --> 01:38:13,980 more into the trees. 1466 01:38:13,980 --> 01:38:18,840 So we decided that the best way of preserving the history of the family was to have a park. 1467 01:38:18,840 --> 01:38:24,280 And so that's why we're open to ideas with neighbors and in collaboration with parks department 1468 01:38:24,280 --> 01:38:29,520 and the city to figure out the best plan of action, which is why that'll be hammered out 1469 01:38:29,520 --> 01:38:33,920 through a developer's agreement, which will also be going to a public hearing. 1470 01:38:33,920 --> 01:38:38,080 I mentioned the sidewalk with staff already, and then we had the third neighborhood meeting 1471 01:38:38,080 --> 01:38:43,480 to update the neighbors on how the house was no longer going to be there. 1472 01:38:43,480 --> 01:38:46,040 The first two meetings we had about 40, 50 people there. 1473 01:38:46,040 --> 01:38:49,000 The third meeting we only had six people there. 1474 01:38:49,000 --> 01:38:53,520 So obviously didn't get much feedback there, but we told them everything that we did to 1475 01:38:53,520 --> 01:38:56,440 get to that point. 1476 01:38:56,440 --> 01:38:58,920 And then we had a fourth neighborhood meeting and the fourth neighborhood meeting, there 1477 01:38:58,920 --> 01:39:01,920 was a larger turnout around 30 to 40 people. 1478 01:39:01,920 --> 01:39:06,040 And we relate again that the existing home would not be pursued for preservation for 1479 01:39:06,040 --> 01:39:07,960 everything that I just said. 1480 01:39:07,960 --> 01:39:12,980 And then we asked all the attendees to give input on what they would like that gathering 1481 01:39:12,980 --> 01:39:13,980 area to look like. 1482 01:39:13,980 --> 01:39:19,280 And like I said before, we've received some suggestions already and we're willing to continue 1483 01:39:19,280 --> 01:39:23,400 to work with the neighbors and parks department in order to figure out something that's best 1484 01:39:23,400 --> 01:39:31,080 for the city, best for the neighborhood, and best for the entire area. 1485 01:39:31,080 --> 01:39:34,080 And then here's another picture of our rendering. 1486 01:39:34,080 --> 01:39:35,520 And that is the end of the presentation. 1487 01:39:35,520 --> 01:39:39,520 I respectfully request your support tonight and thank you for your time. 1488 01:39:39,520 --> 01:39:40,760 I'm here for any questions. 1489 01:39:40,760 --> 01:39:41,760 Thank you. 1490 01:39:41,760 --> 01:39:42,760 Commissioner Villarreal. 1491 01:39:42,760 --> 01:39:43,760 Thank you, Sharon. 1492 01:39:43,760 --> 01:39:44,760 Thank you for the presentation. 1493 01:39:44,760 --> 01:39:49,080 So I know there have been parks that have incorporated historic homes into the park 1494 01:39:49,080 --> 01:39:50,080 layout. 1495 01:39:50,080 --> 01:39:54,160 Has that been a consideration to incorporate the historic aspects of this home, removing 1496 01:39:54,160 --> 01:39:58,240 the additions and just incorporating what was originally there as a part of the park 1497 01:39:58,240 --> 01:39:59,240 perhaps? 1498 01:39:59,240 --> 01:40:04,240 Actually, what we've suggested to the neighbors and what we have been talking about, our original 1499 01:40:04,240 --> 01:40:09,240 idea was with that shade structure to use materials from the house to build this shade 1500 01:40:09,240 --> 01:40:10,240 structure. 1501 01:40:10,240 --> 01:40:16,240 So you could still have, in a sense, the integrity of the house or the footprint of the house, 1502 01:40:16,240 --> 01:40:20,720 but it would be built with obviously modern materials but as many materials as we could 1503 01:40:20,720 --> 01:40:22,360 save from the original house. 1504 01:40:22,360 --> 01:40:28,440 So there's no way for us to preserve the historic original building, the aspects from the historic 1505 01:40:28,440 --> 01:40:33,640 original building, and make that a part of the park so folks can come view it, come look 1506 01:40:33,640 --> 01:40:38,720 at the house, anything like there's parks that include those historic homes, those log 1507 01:40:38,720 --> 01:40:39,720 cabin type. 1508 01:40:39,720 --> 01:40:40,720 Right. 1509 01:40:40,720 --> 01:40:41,720 Right. 1510 01:40:41,720 --> 01:40:43,920 So in order to do that, you would have to take off all the additions. 1511 01:40:43,920 --> 01:40:46,600 I think that's where the cost prohibition came in. 1512 01:40:46,600 --> 01:40:47,600 I assume that was the discussion. 1513 01:40:47,600 --> 01:40:48,600 Yes. 1514 01:40:48,600 --> 01:40:52,120 I mean, that's also not our expertise, but that's why we were dedicating it to the city 1515 01:40:52,120 --> 01:40:55,640 so that that could be something they could work on, which is why we had the sidewalks 1516 01:40:55,640 --> 01:40:58,440 with them so they could see what they were getting into as well. 1517 01:40:58,440 --> 01:41:02,320 And that's when it was decided it's more harm than good in order to save it. 1518 01:41:02,320 --> 01:41:05,280 So we would rather take those materials that we could save. 1519 01:41:05,280 --> 01:41:08,880 So in that case, they would have to, even if it's just part of a park, they would have 1520 01:41:08,880 --> 01:41:12,080 to add the, they would have to modernize it, is that correct? 1521 01:41:12,080 --> 01:41:13,080 Yeah, for safety reasons. 1522 01:41:13,080 --> 01:41:14,080 For safety. 1523 01:41:14,080 --> 01:41:15,080 Okay. 1524 01:41:15,080 --> 01:41:16,080 Right. 1525 01:41:16,080 --> 01:41:17,820 If you're offering it to the public to view, you'd have to, that's where the code comes 1526 01:41:17,820 --> 01:41:22,280 in and all of that, because you can't, you'd have to do that for liability and safety. 1527 01:41:22,280 --> 01:41:25,640 And if the public were to come view it and have it essentially be a statue, you'd have 1528 01:41:25,640 --> 01:41:31,000 to have huge fences up around it and yeah, I would kind of take away from the whole serenity 1529 01:41:31,000 --> 01:41:32,000 in the area. 1530 01:41:32,000 --> 01:41:33,000 Okay. 1531 01:41:33,000 --> 01:41:34,400 I think Tina has something to add to your question as well. 1532 01:41:34,400 --> 01:41:35,400 Yes. 1533 01:41:35,400 --> 01:41:39,800 And in addition to what Chair Ellis said, so having worked with our parks director and 1534 01:41:39,800 --> 01:41:45,020 many other parks directors, one of the challenges that you have when you have potential structures 1535 01:41:45,020 --> 01:41:50,640 like this being incorporated within a park, the public is very hard on structures. 1536 01:41:50,640 --> 01:41:55,620 That's why you see structures in our parks built of much solid more, or solid materials 1537 01:41:55,620 --> 01:42:00,960 such as masonry or CMU block a lot of times and steel and things of that nature. 1538 01:42:00,960 --> 01:42:06,920 And so our staff, you know, as the applicant said, you know, our staff did evaluate the 1539 01:42:06,920 --> 01:42:07,920 structure. 1540 01:42:07,920 --> 01:42:12,080 There are opportunities for preservation associated with it as part of the park improvements. 1541 01:42:12,080 --> 01:42:16,720 And again, you know, we concur with the applicant that based upon our assessment as well, the 1542 01:42:16,720 --> 01:42:22,160 historical integrity of the home is no longer present in a manner also where the city would 1543 01:42:22,160 --> 01:42:27,320 consider being able to restore that property or excuse me, restore that structure. 1544 01:42:27,320 --> 01:42:31,260 And again, having to modernize that structure and then making that structure durable for 1545 01:42:31,260 --> 01:42:35,720 public use, because again, the public is very hard on structures of that nature. 1546 01:42:35,720 --> 01:42:39,520 It was not in the best interest of the city. 1547 01:42:39,520 --> 01:42:40,520 Got it. 1548 01:42:40,520 --> 01:42:41,520 Thank you. 1549 01:42:41,520 --> 01:42:42,520 Thank you. 1550 01:42:42,520 --> 01:42:43,520 Thank you. 1551 01:42:43,520 --> 01:42:44,520 Sure. 1552 01:42:44,520 --> 01:42:45,520 Thank you. 1553 01:42:45,520 --> 01:42:48,520 Any other questions at this time for the applicant? 1554 01:42:48,520 --> 01:42:52,200 Okay, we may have questions for you later, but thank you very much for the presentation. 1555 01:42:52,200 --> 01:42:53,200 Appreciate it. 1556 01:42:53,200 --> 01:42:54,200 Thank you very much. 1557 01:42:54,200 --> 01:42:57,320 I do have cards wishing to speak on this item. 1558 01:42:57,320 --> 01:43:06,160 First I have is Kim Spivey. 1559 01:43:06,160 --> 01:43:07,160 Hi there. 1560 01:43:07,160 --> 01:43:11,220 If you'll come down and state your name, your four minutes will begin. 1561 01:43:11,220 --> 01:43:16,160 My name is Kim Spivey and I live in that area. 1562 01:43:16,160 --> 01:43:24,680 I've lived there for about 20 years, driving by it every day on my way to and from work. 1563 01:43:24,680 --> 01:43:29,880 I am not in love with having more apartments in Denton. 1564 01:43:29,880 --> 01:43:37,520 I started going to the meetings and listening to what they had to say, and I am in favor 1565 01:43:37,520 --> 01:43:42,680 of this project because of the tree preservation. 1566 01:43:42,680 --> 01:43:52,120 A single family builder would just mow down all the trees, so I feel like this is a much 1567 01:43:52,120 --> 01:44:03,000 better plan overall than the alternatives, I guess, is what I'm trying to say. 1568 01:44:03,000 --> 01:44:04,000 Thank you. 1569 01:44:04,000 --> 01:44:06,240 Thanks for sharing your thoughts. 1570 01:44:06,240 --> 01:44:09,040 Next card I have is Charles Lee. 1571 01:44:09,040 --> 01:44:11,840 You'll come forward and state your name. 1572 01:44:11,840 --> 01:44:12,840 Your time will begin. 1573 01:44:12,840 --> 01:44:13,840 Hi. 1574 01:44:13,840 --> 01:44:14,840 Good evening. 1575 01:44:14,840 --> 01:44:17,840 My name is Charles Lee. 1576 01:44:17,840 --> 01:44:24,280 I'm saying this is the first time I live over there, and it's the first time I've heard 1577 01:44:24,280 --> 01:44:25,280 of it. 1578 01:44:25,280 --> 01:44:26,280 I never got no notice. 1579 01:44:26,280 --> 01:44:27,940 You said 500 feet. 1580 01:44:27,940 --> 01:44:31,960 That's like nothing because I never got heard of anything about this, and I think it's a 1581 01:44:31,960 --> 01:44:33,640 terrible plan. 1582 01:44:33,640 --> 01:44:36,800 You put 450 more people over in that area. 1583 01:44:36,800 --> 01:44:40,680 You know how much traffic that's going to cause around in that area, and that area is 1584 01:44:40,680 --> 01:44:45,640 completely surrounded by single family homes, all the way around it, and it'll stick out 1585 01:44:45,640 --> 01:44:49,920 like if we have sore thumb, and you're just going to cause nothing but traffic. 1586 01:44:49,920 --> 01:44:53,000 I really don't like it at all. 1587 01:44:53,000 --> 01:45:00,100 This is the whole thing about the ... I spoke about this last week with this historical 1588 01:45:00,100 --> 01:45:07,800 code that you have, so people get a 25% basement where you have to take these houses that have 1589 01:45:07,800 --> 01:45:13,400 no historical value, but then we get some slick lawyer and some sick suit that's going 1590 01:45:13,400 --> 01:45:18,520 to come up with some rude story to make this house historical when it really has no historical 1591 01:45:18,520 --> 01:45:24,360 value, and you slap a 25% abatement on the property taxes, but then you have a house 1592 01:45:24,360 --> 01:45:28,960 over here who really does have historical value, but it's not going to make any money, 1593 01:45:28,960 --> 01:45:33,760 so let's just tear that down and just slap it around and get some slick developer that 1594 01:45:33,760 --> 01:45:38,200 doesn't even live in that area that's going to develop it, and you're going to put 450 1595 01:45:38,200 --> 01:45:42,800 more people in here so the town can make some more money, that they can spend it, and they're 1596 01:45:42,800 --> 01:45:44,920 raising up all our property taxes. 1597 01:45:44,920 --> 01:45:47,980 I'm telling you, I'm not liking this at all. 1598 01:45:47,980 --> 01:45:49,920 We need to really clean shop here. 1599 01:45:49,920 --> 01:45:53,240 We need to get rid of all these people on this board, because they're not representing 1600 01:45:53,240 --> 01:45:56,600 the interests of the people that live here at all. 1601 01:45:56,600 --> 01:45:57,600 This house is historic. 1602 01:45:57,600 --> 01:46:01,680 It needs to be historic, and there's nothing but single-family houses to be able to go 1603 01:46:01,680 --> 01:46:08,400 in there or to just leave it as a blank area, and what else do I have to say? 1604 01:46:08,400 --> 01:46:14,360 Pretty much, that's all I have to say, because this whole historic thing is a bunch of nonsense, 1605 01:46:14,360 --> 01:46:19,480 because you make stuff and all these historic labels on these houses, and they're not historic, 1606 01:46:19,480 --> 01:46:25,000 but then we got this one house that is historic, but they forget about all about it. 1607 01:46:25,000 --> 01:46:33,640 It's just a whole ruse, and I'm not buying it at all. 1608 01:46:33,640 --> 01:46:37,000 Next card I have is a group wishing to speak. 1609 01:46:37,000 --> 01:46:41,260 The name I have on it is Jacob Light. 1610 01:46:41,260 --> 01:46:58,760 Do we all come up here, or is it just one of you? 1611 01:46:58,760 --> 01:46:59,760 You can come up. 1612 01:46:59,760 --> 01:47:00,760 Yeah, everybody can come up. 1613 01:47:00,760 --> 01:47:01,760 Are you all wanting to speak? 1614 01:47:01,760 --> 01:47:02,760 Or is one person speaking for the group? 1615 01:47:02,760 --> 01:47:03,760 Can we all speak? 1616 01:47:03,760 --> 01:47:04,760 Is it four minutes still? 1617 01:47:04,760 --> 01:47:11,400 No, no, the group, I think we'll have 10, so whoever wants to go first, just state your 1618 01:47:11,400 --> 01:47:12,400 name and your time will begin. 1619 01:47:12,400 --> 01:47:13,400 Hello, my name's Larry Bell. 1620 01:47:13,400 --> 01:47:16,400 And if you could talk on the microphone, yeah, just for television. 1621 01:47:16,400 --> 01:47:17,400 Hello, my name's Larry Bell. 1622 01:47:17,400 --> 01:47:18,400 Thank you. 1623 01:47:18,400 --> 01:47:19,400 I'm a recent resident of Dension. 1624 01:47:19,400 --> 01:47:23,520 I live on Gable, and I want to thank the Commission for allowing us the opportunity to speak, 1625 01:47:23,520 --> 01:47:27,140 discuss our concerns, and possibly consider our concerns. 1626 01:47:27,140 --> 01:47:32,320 One of the major concerns I have, and I have not seen addressed, is the increase in population 1627 01:47:32,320 --> 01:47:34,560 density for that area. 1628 01:47:34,560 --> 01:47:41,200 If we're going to take 26 acres, prune it down to 10 less, 15, you're going to take 1629 01:47:41,200 --> 01:47:47,880 450 apartments with one, two, or three bedrooms, you're looking at an increase of 1,000 people 1630 01:47:47,880 --> 01:47:51,240 in that 10-acre land, 10-acre plot. 1631 01:47:51,240 --> 01:47:58,120 The average density right now for Dension is approximately 1,450 people per square mile. 1632 01:47:58,120 --> 01:48:05,520 So, you're taking a fraction of an acre and increasing the density almost two-thirds. 1633 01:48:05,520 --> 01:48:11,980 You're going from 1,450 to 1,000 in 10 acres, I'm sorry, 15 acres. 1634 01:48:11,980 --> 01:48:14,400 I have not seen how that's a benefit. 1635 01:48:14,400 --> 01:48:16,600 I've not seen how that's addressed. 1636 01:48:16,600 --> 01:48:21,280 I'm not seeing how that's going to work out financially for the city or for the residents 1637 01:48:21,280 --> 01:48:23,080 and their quality of life. 1638 01:48:23,080 --> 01:48:27,040 If there are options out there for it, I'd like to see it. 1639 01:48:27,040 --> 01:48:30,640 If there are other discussions, I've not heard them. 1640 01:48:30,640 --> 01:48:33,840 As I say, we recently moved to Denton in July. 1641 01:48:33,840 --> 01:48:37,640 We also didn't receive any information about this concept. 1642 01:48:37,640 --> 01:48:41,880 There's no prior notice to us, and I think that something needs further discussion and 1643 01:48:41,880 --> 01:48:49,840 evaluation above and beyond the side of the land, the preservation of the house, and the 1644 01:48:49,840 --> 01:48:50,840 trees. 1645 01:48:50,840 --> 01:48:56,840 The density impact on that local area in that small region is going to be catastrophic unless 1646 01:48:56,840 --> 01:49:00,480 it's addressed and rectified or recognized. 1647 01:49:00,480 --> 01:49:01,480 Thank you. 1648 01:49:01,480 --> 01:49:02,480 Thank you. 1649 01:49:02,480 --> 01:49:03,480 Hi. 1650 01:49:03,480 --> 01:49:04,480 Hello. 1651 01:49:04,480 --> 01:49:11,040 My name is Cody Temple, actually Larry's neighbor, representing a new homeowner within 500 feet 1652 01:49:11,040 --> 01:49:12,040 of this project. 1653 01:49:12,040 --> 01:49:17,260 I did receive a card a few days before the first meeting saying that would be impacted 1654 01:49:17,260 --> 01:49:19,160 within 500 feet. 1655 01:49:19,160 --> 01:49:25,000 So, he representing concern and opposition to this project following a lot of his same 1656 01:49:25,000 --> 01:49:30,620 concerns, but population density and it's something I want to talk about is visual pollution. 1657 01:49:30,620 --> 01:49:35,360 This emphasizing just looking at the quick rendering of what this is going to look like. 1658 01:49:35,360 --> 01:49:39,520 This to the city of Denton is going to be considered a skyscraper. 1659 01:49:39,520 --> 01:49:45,000 This thing is absolutely massive and absolutely will stick out like a sore thumb. 1660 01:49:45,000 --> 01:49:48,360 This thing is going to be absolutely huge, giant tower. 1661 01:49:48,360 --> 01:49:53,720 You're stacking a thousand people on a very small area with residential housing completely 1662 01:49:53,720 --> 01:49:54,720 surrounding it. 1663 01:49:54,720 --> 01:49:56,840 I mean, I moved to Denton three months ago. 1664 01:49:56,840 --> 01:49:59,800 This is my first home with the intention to start a family. 1665 01:49:59,800 --> 01:50:05,640 I went to school at University of North Texas from 2015, 2019, came back to Denton with 1666 01:50:05,640 --> 01:50:11,960 the sole purpose of having a small town vibes with big city amenities in at the same time. 1667 01:50:11,960 --> 01:50:18,120 But the area that I moved to is a more quieter area and this is completely going back to 1668 01:50:18,120 --> 01:50:21,680 where I moved from originally, which is downtown Dallas. 1669 01:50:21,680 --> 01:50:25,360 I mean, these apartments, they're calling it mixed use facilities. 1670 01:50:25,360 --> 01:50:30,600 It's an apartment complex and with that, a lot of people in a very small area and I don't 1671 01:50:30,600 --> 01:50:33,480 have numbers to back it up, but obviously we know when you stack a lot of people on 1672 01:50:33,480 --> 01:50:36,400 top of each other, I mean, crime is going to increase and there's already a lot of foot 1673 01:50:36,400 --> 01:50:41,040 traffic there and people that are moving to Denton, the houses are around this area. 1674 01:50:41,040 --> 01:50:44,160 This is not going to be attractive for them to come here. 1675 01:50:44,160 --> 01:50:49,080 I think it's also going to affect the future of Denton in a way of people moving here with 1676 01:50:49,080 --> 01:50:52,640 the purpose of owning a house and starting a family. 1677 01:50:52,640 --> 01:50:53,640 Thank you. 1678 01:50:53,640 --> 01:50:54,640 Thank you. 1679 01:50:54,640 --> 01:50:58,200 Last but not least, hi, my name is Jacob White. 1680 01:50:58,200 --> 01:51:04,280 I'm also new to the area and that's kind of something I wanted to point out here. 1681 01:51:04,280 --> 01:51:07,200 As well as the increase in traffic patterns and the density and stuff like that, that 1682 01:51:07,200 --> 01:51:11,320 I know may or may not be being addressed. 1683 01:51:11,320 --> 01:51:16,080 My wife and I bought a house in Gable Court right adjacent to where the apartment complex 1684 01:51:16,080 --> 01:51:18,920 is going to go back in April. 1685 01:51:18,920 --> 01:51:22,520 We just heard Larry bought a house, we heard Cody bought a house, there's a little bit 1686 01:51:22,520 --> 01:51:25,520 of a consistency there. 1687 01:51:25,520 --> 01:51:30,840 I know that the goal of this is to drive, I guess to build housing, build attainable 1688 01:51:30,840 --> 01:51:37,560 housing in the area to kind of retain citizens and keep people in Denton proper. 1689 01:51:37,560 --> 01:51:42,120 I think even the threat of this coming is doing the quite opposite of that. 1690 01:51:42,120 --> 01:51:48,080 Our house sold very soon after having this issue first taking place. 1691 01:51:48,080 --> 01:51:52,720 Our neighbor's household, I can think of three if not four houses in our little cul-de-sac 1692 01:51:52,720 --> 01:52:00,040 of 10 houses that sold very, very soon after hearing that this was even going to potentially 1693 01:52:00,040 --> 01:52:02,480 be coming. 1694 01:52:02,480 --> 01:52:05,040 We moved to the area, we were local. 1695 01:52:05,040 --> 01:52:10,080 My wife and I are from Fort Worth, Texas and wife is getting her PhD at UNT, so we wanted 1696 01:52:10,080 --> 01:52:12,840 to be kind of local in the area. 1697 01:52:12,840 --> 01:52:16,840 We found Gable Court, a little cul-de-sac, quiet little cul-de-sac and absolutely fell 1698 01:52:16,840 --> 01:52:21,320 in love with it, unbeknownst to us, didn't know this was going to happen, looked across 1699 01:52:21,320 --> 01:52:22,320 the street. 1700 01:52:22,320 --> 01:52:26,680 We've got an 11 month old, which I know you've all been hearing her tonight, so I apologize. 1701 01:52:26,680 --> 01:52:29,400 She's very excited to talk about government. 1702 01:52:29,400 --> 01:52:35,480 As soon as we moved in, one of the other things that we loved is just the piece of land right 1703 01:52:35,480 --> 01:52:40,760 across with cows and trees and things like that, things for us to, just beautiful things 1704 01:52:40,760 --> 01:52:43,200 to see. 1705 01:52:43,200 --> 01:52:48,600 The fact that this is a potential thing that might be happening is just causing a little 1706 01:52:48,600 --> 01:52:51,640 bit of concern. 1707 01:52:51,640 --> 01:52:57,680 A couple of weeks after moving in, without this apartment complex and without the increase 1708 01:52:57,680 --> 01:53:00,920 of people moving, we're already having people walk through our neighborhood, cut through 1709 01:53:00,920 --> 01:53:01,920 our neighborhood. 1710 01:53:01,920 --> 01:53:04,760 I've had people in my garage scoping out things. 1711 01:53:04,760 --> 01:53:10,820 I've had Cody the other day, I know he's walking his dog around and he's finding sleeping bags 1712 01:53:10,820 --> 01:53:14,360 and bathing items and stuff like that around the house. 1713 01:53:14,360 --> 01:53:19,720 Just as a husband and someone who's on the road a lot and a dad, a little bit nervous 1714 01:53:19,720 --> 01:53:23,160 with bringing 500 to 1,000 more people into the area. 1715 01:53:23,160 --> 01:53:27,440 Not only is it maybe not the prettiest thing in the world to look at, but now you're increasing 1716 01:53:27,440 --> 01:53:28,440 the foot traffic. 1717 01:53:28,440 --> 01:53:32,240 I think the attainable housing thing is also another thing that concerns me. 1718 01:53:32,240 --> 01:53:37,600 I think that's maybe a valiant effort, but it's a little bit kind of a wordplay. 1719 01:53:37,600 --> 01:53:42,680 I don't think that attainable housing is necessarily for first responders or maybe teachers. 1720 01:53:42,680 --> 01:53:46,120 I know that was the other example that was put out there, but I've got a family full 1721 01:53:46,120 --> 01:53:47,120 of first responders. 1722 01:53:47,120 --> 01:53:51,440 When starting pay is at $80,000 to $90,000, I don't think that necessarily classifies 1723 01:53:51,440 --> 01:53:54,940 for the 50% annual median income and stuff like that. 1724 01:53:54,940 --> 01:53:58,840 I don't think that's ... I know it's been consistently like, "Hey, this is who's going 1725 01:53:58,840 --> 01:53:59,840 to be moving to the area." 1726 01:53:59,840 --> 01:54:02,200 I don't really think that's who it's going to be. 1727 01:54:02,200 --> 01:54:08,040 Just having a house here and having this capacity going to go right across our street, just 1728 01:54:08,040 --> 01:54:11,400 a little bit nervous with the security and the traffic and everything that else goes 1729 01:54:11,400 --> 01:54:12,400 with that. 1730 01:54:12,400 --> 01:54:15,080 Yeah, thank you for your time and I appreciate it. 1731 01:54:15,080 --> 01:54:16,080 Thank you. 1732 01:54:16,080 --> 01:54:18,040 Thank you for being here. 1733 01:54:18,040 --> 01:54:23,280 The next card I have is Anne Howlington. 1734 01:54:23,280 --> 01:54:26,120 Hi. 1735 01:54:26,120 --> 01:54:33,200 You'll state your name, your time will begin. 1736 01:54:33,200 --> 01:54:36,880 Good evening, members of the Planning and Zoning Commission. 1737 01:54:36,880 --> 01:54:39,560 Thank you for having this public hearing tonight. 1738 01:54:39,560 --> 01:54:45,120 My name is Anne Howlington and I am a long-time resident of the city of Denton. 1739 01:54:45,120 --> 01:54:53,920 I lived in the house on the property and raised my family there between 1988 and 1999. 1740 01:54:53,920 --> 01:54:58,920 We know the Jefferson North Elm project plan is to construct multi-family townhomes on 1741 01:54:58,920 --> 01:55:03,560 the southeast portion of the property at 2900 North Elm and to donate the rest of the land 1742 01:55:03,560 --> 01:55:06,400 to the city of Denton for a park. 1743 01:55:06,400 --> 01:55:12,720 We are not here to express opposition to this plan for zoning, yet I along with my family, 1744 01:55:12,720 --> 01:55:17,800 my friends, concerned citizens and interested organizations would like to propose a plan 1745 01:55:17,800 --> 01:55:21,420 for the park in sub-district B. 1746 01:55:21,420 --> 01:55:27,960 In your exhibition 10 related to this, note seven does state park dedication lot design 1747 01:55:27,960 --> 01:55:33,900 is conceptual in nature and will be finalized through the development agreement process. 1748 01:55:33,900 --> 01:55:39,640 We want to ensure that part of this process includes a meeting where we can propose our 1749 01:55:39,640 --> 01:55:41,840 ideas. 1750 01:55:41,840 --> 01:55:47,240 We will propose that the historic Evers country home, a large portion of which was constructed 1751 01:55:47,240 --> 01:55:53,560 over a hundred years ago, be preserved, not restored, but preserved with the additions 1752 01:55:53,560 --> 01:55:59,040 rather than removed and used for a horticultural native plant education center. 1753 01:55:59,040 --> 01:56:04,880 Here meetings, classes, workshops and demonstrations related to gardening and history could take 1754 01:56:04,880 --> 01:56:06,120 place. 1755 01:56:06,120 --> 01:56:11,440 The house with its historic water tower, windmill and barn could also serve as examples of early 1756 01:56:11,440 --> 01:56:13,320 20th century farm life. 1757 01:56:13,320 --> 01:56:20,960 Though still a concept, the park area on exhibit 11 shows these as being removed. 1758 01:56:20,960 --> 01:56:24,800 We would also like to see the creation of a community garden where citizens of Denton 1759 01:56:24,800 --> 01:56:29,840 could grow fruits, vegetables, plants and flowers in designated areas. 1760 01:56:29,840 --> 01:56:34,720 There are abundant sunny and shaded areas on the property for this. 1761 01:56:34,720 --> 01:56:39,340 We are discussing these ideas with some groups who do this type of work in the Denton city 1762 01:56:39,340 --> 01:56:41,500 and county area. 1763 01:56:41,500 --> 01:56:46,920 The Denton County Master Gardener Association is interested in supporting this idea. 1764 01:56:46,920 --> 01:56:52,400 We have also communicated with the Texas Native Plant Society's Trinity Forks chapter, the 1765 01:56:52,400 --> 01:56:58,300 Texas Master Naturalist Elm Fort chapter and the Petal Project. 1766 01:56:58,300 --> 01:57:01,640 These groups are all interested in learning more about the use of the property and its 1767 01:57:01,640 --> 01:57:07,280 existing structures, considering how the park might benefit their missions. 1768 01:57:07,280 --> 01:57:14,540 I have something here to give you, I am presenting each of you with a spreadsheet containing 1769 01:57:14,540 --> 01:57:21,720 186 names with 157 from Denton city residents who signed a petition supporting the effort 1770 01:57:21,720 --> 01:57:27,560 to help us convince the Denton city council to repurpose the Ebers Farm as a community 1771 01:57:27,560 --> 01:57:29,360 garden and education center. 1772 01:57:29,360 --> 01:57:31,560 Could someone pass these out? 1773 01:57:31,560 --> 01:57:38,800 You can go ahead and give them right there to Kathy, thank you. 1774 01:57:38,800 --> 01:57:43,920 These also include comments which are not always exactly what I would think, but we 1775 01:57:43,920 --> 01:57:47,560 gave them an opportunity to make comments on this. 1776 01:57:47,560 --> 01:57:52,520 In closing, we respectfully ask to schedule a meeting with the Denton Parks and Recreation 1777 01:57:52,520 --> 01:57:57,440 Department to further discuss this proposal for the parks development, including the fate 1778 01:57:57,440 --> 01:58:03,400 of the original home to provide, in keeping with their mission, educational opportunities 1779 01:58:03,400 --> 01:58:06,120 that support good stewardship of the environment. 1780 01:58:06,120 --> 01:58:11,960 If possible, we would like to visit the park area of the property to assess the feasibility 1781 01:58:11,960 --> 01:58:14,840 of using the land and its current structures. 1782 01:58:14,840 --> 01:58:17,840 Thank you for your time. 1783 01:58:17,840 --> 01:58:21,200 Thank you for being here. 1784 01:58:21,200 --> 01:58:35,800 The next card I have is Jennifer Lane. 1785 01:58:35,800 --> 01:58:41,200 I don't have any other cards wishing to speak, but is there anyone who would like to speak 1786 01:58:41,200 --> 01:58:51,840 who did not fill out a card? 1787 01:58:51,840 --> 01:58:52,840 Hi there. 1788 01:58:52,840 --> 01:58:53,840 If you'll give us your name, your time will begin. 1789 01:58:53,840 --> 01:58:54,840 Hi. 1790 01:58:54,840 --> 01:59:01,120 My name is Erin Elise, and I live in McKamey Evers, just off North Locust, and I'm a longtime 1791 01:59:01,120 --> 01:59:05,560 employee of the University of North Texas at the Mechanical and Energy Engineering Department, 1792 01:59:05,560 --> 01:59:10,480 and I have driven by this property every day going to work. 1793 01:59:10,480 --> 01:59:16,760 I would like to voice my support for JP and this building of the apartment complex. 1794 01:59:16,760 --> 01:59:21,200 I think it is the best use of this property that will preserve the most amount of the 1795 01:59:21,200 --> 01:59:23,200 land and the trees. 1796 01:59:23,200 --> 01:59:27,240 Sorry, nurse, speaker. 1797 01:59:27,240 --> 01:59:32,600 I think that if we move with a residential neighborhood going in there, it's going to 1798 01:59:32,600 --> 01:59:38,040 end up being what is what was built at the end of North Locust, which was very disappointing 1799 01:59:38,040 --> 01:59:43,560 to see the quality of those homes, and the fact that some have already caught fire since 1800 01:59:43,560 --> 01:59:49,000 their construction, and to have the thought that that's going to go in there is very disappointing 1801 01:59:49,000 --> 01:59:52,480 compared to what they have presented in to preserve. 1802 01:59:52,480 --> 01:59:57,200 I would like to say thank you so much. 1803 01:59:57,200 --> 01:59:58,200 Thank you. 1804 01:59:58,200 --> 02:00:01,160 Thank you for sharing your thoughts. 1805 02:00:01,160 --> 02:00:03,080 Is there anyone else wishing to speak on this? 1806 02:00:03,080 --> 02:00:08,360 Yes, come on down and you can fill out a card after. 1807 02:00:08,360 --> 02:00:15,600 Hi, Doc, how are you? 1808 02:00:15,600 --> 02:00:16,600 Hi. 1809 02:00:16,600 --> 02:00:17,600 My name is Dr. Sean Treat. 1810 02:00:17,600 --> 02:00:20,280 I did fill out a card probably for the wrong thing. 1811 02:00:20,280 --> 02:00:21,760 You know, I do have your card. 1812 02:00:21,760 --> 02:00:23,760 Did you mean it to me on this item? 1813 02:00:23,760 --> 02:00:24,760 I did. 1814 02:00:24,760 --> 02:00:25,760 Okay. 1815 02:00:25,760 --> 02:00:26,760 Very good. 1816 02:00:26,760 --> 02:00:27,760 Perfect. 1817 02:00:27,760 --> 02:00:28,760 I already said my name. 1818 02:00:28,760 --> 02:00:29,760 The clock started. 1819 02:00:29,760 --> 02:00:30,760 Who's on the ticker? 1820 02:00:30,760 --> 02:00:31,760 You go right ahead. 1821 02:00:31,760 --> 02:00:32,760 I also live in the neighborhood. 1822 02:00:32,760 --> 02:00:38,040 I drive by at Evers Park not just once a day, like two or three times a day because I'm 1823 02:00:38,040 --> 02:00:40,640 stupid like that. 1824 02:00:40,640 --> 02:00:45,160 One of the things that interests me about this, I've been going to the meetings since 1825 02:00:45,160 --> 02:00:50,920 the beginning and seeing it kind of progress and been going honestly to other community 1826 02:00:50,920 --> 02:00:56,560 meetings and seeing other things happening in other areas, right? 1827 02:00:56,560 --> 02:00:58,280 This plan sticks out to me. 1828 02:00:58,280 --> 02:01:03,960 I want to be in support of it because this is a unique partnership that I feel like kind 1829 02:01:03,960 --> 02:01:06,600 of hits all the right notes. 1830 02:01:06,600 --> 02:01:13,180 The fact that they're giving 50% back, 50% back, right? 1831 02:01:13,180 --> 02:01:16,520 And I understand the apartments are going to go up and go tall and we see the photos 1832 02:01:16,520 --> 02:01:18,120 and it looks a little grotesque. 1833 02:01:18,120 --> 02:01:24,160 I mean, I grew up on a farm myself and I see it go up and it's going to be tall, but think 1834 02:01:24,160 --> 02:01:26,800 about what's on the other side of that. 1835 02:01:26,800 --> 02:01:28,120 There's a park. 1836 02:01:28,120 --> 02:01:30,080 It'll be connected. 1837 02:01:30,080 --> 02:01:36,720 Also just on the other side of the North Branch Library, there's a huge green space and so 1838 02:01:36,720 --> 02:01:42,680 the possibility for connectivity to the city for bike trails, for walking, this is something 1839 02:01:42,680 --> 02:01:51,680 that I feel like is a very unique opportunity to think about in terms of creating a certain 1840 02:01:51,680 --> 02:01:57,600 attitude towards partnerships that I feel like is something that the city and this, 1841 02:01:57,600 --> 02:02:03,120 this council here can help encourage. 1842 02:02:03,120 --> 02:02:09,880 I've spoken recently with some very good friends about their concerns, about the romantic attachment 1843 02:02:09,880 --> 02:02:12,520 to the farm and the cattle. 1844 02:02:12,520 --> 02:02:14,920 I totally get that. 1845 02:02:14,920 --> 02:02:18,360 I love driving by and seeing the cattle. 1846 02:02:18,360 --> 02:02:20,320 Maybe we can have some cattle on the place. 1847 02:02:20,320 --> 02:02:21,320 I don't know. 1848 02:02:21,320 --> 02:02:22,320 I don't know. 1849 02:02:22,320 --> 02:02:27,560 But here's the point, like the decision that's going on tonight is what we're talking about 1850 02:02:27,560 --> 02:02:34,400 is to help rezone this so that they build it higher so that we have that green space. 1851 02:02:34,400 --> 02:02:35,520 That's the question here. 1852 02:02:35,520 --> 02:02:38,860 Now what happens with that green space once it goes to the city? 1853 02:02:38,860 --> 02:02:41,440 That's the other piece that I've seen that's very encouraging. 1854 02:02:41,440 --> 02:02:49,560 I think a citizen advisory council, this garden idea, I love this and that comes from the 1855 02:02:49,560 --> 02:02:56,080 community and that's the kind of partnerships I think that Denton needs to think about for 1856 02:02:56,080 --> 02:02:58,340 smart growth because we are growing. 1857 02:02:58,340 --> 02:03:01,080 We don't have a chance for my new neighbors that are coming. 1858 02:03:01,080 --> 02:03:02,080 Welcome. 1859 02:03:02,080 --> 02:03:03,080 Glad to see you here. 1860 02:03:03,080 --> 02:03:08,520 It took you this long to get here, but now you're going to be here for a bit, right? 1861 02:03:08,520 --> 02:03:11,040 But this is one of the things that comes with this price. 1862 02:03:11,040 --> 02:03:12,320 We are growing. 1863 02:03:12,320 --> 02:03:19,720 We've outgrown our projected growth for 10 years within seven years. 1864 02:03:19,720 --> 02:03:21,460 And we don't have enough affordable housing. 1865 02:03:21,460 --> 02:03:27,000 We've got to be doing some aggressive things, thinking about some progressive ways, some 1866 02:03:27,000 --> 02:03:33,200 interesting ways to grow it so that we can do it smart and we can do it with partnerships 1867 02:03:33,200 --> 02:03:37,560 and people that come in with the attitude towards, hey, we want to work with our community. 1868 02:03:37,560 --> 02:03:40,880 We want to work with the historic preservation officers. 1869 02:03:40,880 --> 02:03:44,800 And that to me is a model to follow. 1870 02:03:44,800 --> 02:03:45,800 So thank you. 1871 02:03:45,800 --> 02:03:46,800 Those are my thoughts. 1872 02:03:46,800 --> 02:03:47,800 I support the project. 1873 02:03:47,800 --> 02:03:52,120 Thank you so much, Dr. Trink. 1874 02:03:52,120 --> 02:03:59,040 Anyone else wishing to speak on this who has not already? 1875 02:03:59,040 --> 02:04:00,400 I do have a card. 1876 02:04:00,400 --> 02:04:04,560 I'll just read for the record they are not wishing to speak but are in support, and that 1877 02:04:04,560 --> 02:04:10,280 is Brenda Stevens. 1878 02:04:10,280 --> 02:04:17,720 I think before I close the public hearing, I have a question for probably the applicant. 1879 02:04:17,720 --> 02:04:24,280 And it has to do with the park and the partnership, or maybe that is the question for you. 1880 02:04:24,280 --> 02:04:25,800 I'm not sure. 1881 02:04:25,800 --> 02:04:34,680 But there's nothing in this PD as it's written now on the portion that would be the multifamily. 1882 02:04:34,680 --> 02:04:39,640 Well, actually, no, the PD as a whole, the PD standards. 1883 02:04:39,640 --> 02:04:44,760 There's nothing written about how that park is going to be developed, right? 1884 02:04:44,760 --> 02:04:49,860 It has the minimum, which is essentially the trail, the Evers Memorial, and benches and 1885 02:04:49,860 --> 02:04:51,200 things like that throughout the park. 1886 02:04:51,200 --> 02:04:55,960 So it has that minimum, but everything else, essentially, that can be worked through. 1887 02:04:55,960 --> 02:04:59,720 It can be worked through with parks and the developer through additional public engagement, 1888 02:04:59,720 --> 02:05:02,200 and then it will go to the parks board, and then it will go to city council. 1889 02:05:02,200 --> 02:05:06,080 So there's only the bare minimum that's in there right now, and anything else that comes 1890 02:05:06,080 --> 02:05:07,240 up could be added. 1891 02:05:07,240 --> 02:05:12,160 And I guess why I'm asking that is just because of things we heard tonight that we do want 1892 02:05:12,160 --> 02:05:17,120 community involvement, but how do we make sure that the community gets involved in it, 1893 02:05:17,120 --> 02:05:22,240 and that it just doesn't become something that the city just develops and takes before 1894 02:05:22,240 --> 02:05:25,920 council and it gets approved, and there actually isn't any collaboration, and we can't get 1895 02:05:25,920 --> 02:05:27,240 these great ideas. 1896 02:05:27,240 --> 02:05:29,600 So that's where my question is coming from. 1897 02:05:29,600 --> 02:05:30,600 Tina, would you speak? 1898 02:05:30,600 --> 02:05:34,560 So I'll answer that, and not to rat him out, but he's sitting in the back row up there 1899 02:05:34,560 --> 02:05:35,880 at the top at that desk. 1900 02:05:35,880 --> 02:05:36,880 I do see. 1901 02:05:36,880 --> 02:05:41,280 So that's Gary Pack and our parks director, and I'm sure Gary has heard the message this 1902 02:05:41,280 --> 02:05:45,480 evening of the strong interest for community engagement. 1903 02:05:45,480 --> 02:05:50,080 From what I know with Gary, and you can either shake your head yes or no to tell me if I'm 1904 02:05:50,080 --> 02:05:53,800 wrong, but what I've learned with Gary and his team is that they are very collaborative 1905 02:05:53,800 --> 02:05:55,940 when they've done parks projects. 1906 02:05:55,940 --> 02:06:00,400 They do seek public feedback related to that, and Gary, I don't know if you want to expand 1907 02:06:00,400 --> 02:06:03,360 on some of the methods that you've done on some other parks where you've engaged the 1908 02:06:03,360 --> 02:06:04,360 public. 1909 02:06:04,360 --> 02:06:05,360 Hi, Gary. 1910 02:06:05,360 --> 02:06:10,760 Good evening, Gary Pack, and Director of Parks and Recreation. 1911 02:06:10,760 --> 02:06:14,520 When we go through the development process for a park property, we typically have at 1912 02:06:14,520 --> 02:06:17,240 least two meetings with the public. 1913 02:06:17,240 --> 02:06:22,120 One at the very beginning, we'll develop a concept, just get some ideas on paper, share 1914 02:06:22,120 --> 02:06:27,200 with the community, get more feedback, go back, sharpen the pencil, move things around, 1915 02:06:27,200 --> 02:06:33,000 add, delete, and then come back when that's done, get their final feedback. 1916 02:06:33,000 --> 02:06:35,480 Then we take it to park board, get them to approve it. 1917 02:06:35,480 --> 02:06:39,740 We go to them twice, and then we'll take it to city council for official adoption. 1918 02:06:39,740 --> 02:06:45,160 Then we'll move into construction drawings, and then construction at some point in time, 1919 02:06:45,160 --> 02:06:48,160 pending funding availability. 1920 02:06:48,160 --> 02:06:51,560 That's our standard process that we follow with park development. 1921 02:06:51,560 --> 02:06:59,320 Right, so I mean, I'm looking at this as a little bit more unique of a piece, I guess, 1922 02:06:59,320 --> 02:07:02,440 because then what you're saying is you're basically going to come up with a concept 1923 02:07:02,440 --> 02:07:06,120 and then bring that out to the public to look at it. 1924 02:07:06,120 --> 02:07:07,120 So that's not really collaboration. 1925 02:07:07,120 --> 02:07:08,960 I mean, it is, but it isn't. 1926 02:07:08,960 --> 02:07:15,000 Well, the concept is just to have something to talk about, saying here's the property. 1927 02:07:15,000 --> 02:07:20,120 It's a pencil sketch, for the most part, with lines on an aerial, saying that we could do 1928 02:07:20,120 --> 02:07:25,800 a trail here, we could put a parking lot here, a playground here, and then use that to create 1929 02:07:25,800 --> 02:07:26,800 the discussion. 1930 02:07:26,800 --> 02:07:27,800 What's feasible, I see. 1931 02:07:27,800 --> 02:07:28,800 Okay. 1932 02:07:28,800 --> 02:07:29,800 Thank you. 1933 02:07:29,800 --> 02:07:30,800 I think we might have a question for you. 1934 02:07:30,800 --> 02:07:31,800 Commissioner Thacker? 1935 02:07:31,800 --> 02:07:34,600 Thank you, Chair. 1936 02:07:34,600 --> 02:07:37,000 My question is for the developer representative. 1937 02:07:37,000 --> 02:07:38,480 Oh, it's not for Gary? 1938 02:07:38,480 --> 02:07:39,480 No. 1939 02:07:39,480 --> 02:07:40,480 Okay. 1940 02:07:40,480 --> 02:07:41,480 Sorry. 1941 02:07:41,480 --> 02:07:42,480 Gary, thank you very much. 1942 02:07:42,480 --> 02:07:43,480 I appreciate it. 1943 02:07:43,480 --> 02:07:44,480 I'll let you off the hook, Gary. 1944 02:07:44,480 --> 02:07:45,480 Okay. 1945 02:07:45,480 --> 02:07:48,400 Yeah, go ahead. 1946 02:07:48,400 --> 02:07:51,800 It seems based on your presentation that you all have obviously done a lot of projects 1947 02:07:51,800 --> 02:07:53,860 particularly in the area. 1948 02:07:53,860 --> 02:07:58,640 Have you all acquired a property of this likeness? 1949 02:07:58,640 --> 02:08:04,160 And if you have, can you tell us where it is so that we might look how this all played 1950 02:08:04,160 --> 02:08:07,120 out in that particular scenario? 1951 02:08:07,120 --> 02:08:11,040 This is actually the first property we've done like this with this much park land, which 1952 02:08:11,040 --> 02:08:16,800 is why I've been so trying to collaborate with the neighbors as much as possible because 1953 02:08:16,800 --> 02:08:20,440 we need the ideas, too, since this is the first time we're doing it. 1954 02:08:20,440 --> 02:08:24,240 But also, that's answering your question and going to answer your question at the same 1955 02:08:24,240 --> 02:08:25,240 time. 1956 02:08:25,240 --> 02:08:26,240 Cool. 1957 02:08:26,240 --> 02:08:31,520 For parks, in order to dedicate it to the city, obviously the PD will say that nothing 1958 02:08:31,520 --> 02:08:34,160 can go there as far as nothing can be built there. 1959 02:08:34,160 --> 02:08:38,080 But as far as dedicating it to the city, part of that process is the developers agreement. 1960 02:08:38,080 --> 02:08:42,560 So if we want to dedicate it to parks department, we can only do that with the developers agreement. 1961 02:08:42,560 --> 02:08:48,840 So that can't really start until post-zoning, which is why the plan right now is conceptual. 1962 02:08:48,840 --> 02:08:52,840 And we're happy to, obviously, the ideas tonight have been great and the other ideas that we've 1963 02:08:52,840 --> 02:08:57,320 heard from neighbors have been great, and we want to collaborate and we want to have 1964 02:08:57,320 --> 02:08:58,520 as many meetings as possible. 1965 02:08:58,520 --> 02:09:03,900 So we're happy to put in a minimal amount of meetings in the PD to meet with neighbors 1966 02:09:03,900 --> 02:09:05,760 in order to get those ideas. 1967 02:09:05,760 --> 02:09:11,100 Obviously, not everyone's idea is going to be able to go into it, but we at least want 1968 02:09:11,100 --> 02:09:15,080 to collaborate as much as possible and kind of, I don't want to say be hands off on it, 1969 02:09:15,080 --> 02:09:19,800 but allow the city and the neighbors to kind of tell us what they want it to be. 1970 02:09:19,800 --> 02:09:24,680 - I have two more questions, sorry. 1971 02:09:24,680 --> 02:09:29,680 I noticed in the backup that it said that you all were planning on or had projected 1972 02:09:29,680 --> 02:09:34,400 that you would be maintaining up to 52% of the trees that are currently there. 1973 02:09:34,400 --> 02:09:37,520 Do you all have any plans to plant more trees? 1974 02:09:37,520 --> 02:09:40,400 - Yeah, there's trees being planted throughout the development. 1975 02:09:40,400 --> 02:09:44,560 And then also that's another thing that's great about the developers agreement is we 1976 02:09:44,560 --> 02:09:48,560 can, and I've talked to Sean about this as well, we can plant more trees within the park 1977 02:09:48,560 --> 02:09:55,920 too and get an arborist or a tree, Haywood, I forget his last name, but he's a city tree 1978 02:09:55,920 --> 02:09:56,920 guy. 1979 02:09:56,920 --> 02:09:59,760 But we can get him out there and kind of tell us where we would be able to plant trees that 1980 02:09:59,760 --> 02:10:05,200 will still survive and yeah, go through that whole process. 1981 02:10:05,200 --> 02:10:10,760 - And finally, I know that because this is kind of a smaller niche little area, obviously 1982 02:10:10,760 --> 02:10:14,880 one of the big concerns is safety and security. 1983 02:10:14,880 --> 02:10:20,720 What type of safety and security systems do you all have for that particular property? 1984 02:10:20,720 --> 02:10:25,080 So do you have someone that works the nights and kind of rotates through? 1985 02:10:25,080 --> 02:10:30,120 Do you have particular cameras, lighting that's like making sure that not only the property 1986 02:10:30,120 --> 02:10:33,520 itself is safe, but their community around it is safe as well? 1987 02:10:33,520 --> 02:10:37,240 - Yes, so cameras on the property, lights on the property. 1988 02:10:37,240 --> 02:10:42,880 We have a security person there at all hours, but I would say one of the biggest things 1989 02:10:42,880 --> 02:10:48,280 for safety too is no one really ever thinks about it, but whenever you apply for an apartment, 1990 02:10:48,280 --> 02:10:51,160 you have to go through a background check, a credit check, and an income verification 1991 02:10:51,160 --> 02:10:52,160 check. 1992 02:10:52,160 --> 02:10:56,560 So you actually know more about the renter coming into your building than you do about 1993 02:10:56,560 --> 02:10:59,080 your neighbor that you're buying a house next to. 1994 02:10:59,080 --> 02:11:02,880 So there is a lot of background checks that go into it because obviously we don't want 1995 02:11:02,880 --> 02:11:05,000 the apartment to go downhill either. 1996 02:11:05,000 --> 02:11:07,360 We don't want crime in the apartment either. 1997 02:11:07,360 --> 02:11:13,900 So we have to do the background checks and then the income verification then decides 1998 02:11:13,900 --> 02:11:14,900 which tranche they fit into. 1999 02:11:14,900 --> 02:11:18,480 Are they the market rate renter, are they 80% renter, are they the 50% renter, and then 2000 02:11:18,480 --> 02:11:19,480 the credit check. 2001 02:11:19,480 --> 02:11:20,480 Are they going to be able to make their payments? 2002 02:11:20,480 --> 02:11:23,920 Because obviously we want people to make their payments. 2003 02:11:23,920 --> 02:11:29,520 And sorry, I'm going to talk a little longer because I'm thinking of the AMIs and that 2004 02:11:29,520 --> 02:11:34,800 kind of segues into one of the comments earlier about service workers and firefighters and 2005 02:11:34,800 --> 02:11:40,920 policemen making about 80 grand a year, that actually fits into the 80% because 80% AMI 2006 02:11:40,920 --> 02:11:45,640 is roughly around 80 to $85,000 a year, so they would fit into that. 2007 02:11:45,640 --> 02:11:51,160 And then the 50% is kind of more your teachers and people making about 50, 55,000 a year. 2008 02:11:51,160 --> 02:11:53,400 So it's still not low, low, low income. 2009 02:11:53,400 --> 02:11:58,580 It's just low salary or a new job or teacher, nurses. 2010 02:11:58,580 --> 02:12:04,440 So I know I added to that answer, but I wanted to get that out there too. 2011 02:12:04,440 --> 02:12:05,440 Thank you. 2012 02:12:05,440 --> 02:12:06,440 Thank you. 2013 02:12:06,440 --> 02:12:07,440 Thank you. 2014 02:12:07,440 --> 02:12:08,440 Commissioner Pruitt, is that for the applicant? 2015 02:12:08,440 --> 02:12:09,440 Yeah. 2016 02:12:09,440 --> 02:12:10,440 Thank you. 2017 02:12:10,440 --> 02:12:11,440 Okay. 2018 02:12:11,440 --> 02:12:12,440 Sorry. 2019 02:12:12,440 --> 02:12:16,000 All of my questions are actually for staff, so if you want. 2020 02:12:16,000 --> 02:12:17,000 Okay. 2021 02:12:17,000 --> 02:12:18,000 Very good. 2022 02:12:18,000 --> 02:12:19,000 We'll hold off on that just a second. 2023 02:12:19,000 --> 02:12:20,000 Okay. 2024 02:12:20,000 --> 02:12:21,000 Thank you very much. 2025 02:12:21,000 --> 02:12:22,000 Thank you. 2026 02:12:22,000 --> 02:12:23,000 Thank you. 2027 02:12:23,000 --> 02:12:24,000 For answering the questions. 2028 02:12:24,000 --> 02:12:25,000 I have not closed the public hearing. 2029 02:12:25,000 --> 02:12:28,360 I'm about to, but is there anyone else wishing to speak who has not already spoken? 2030 02:12:28,360 --> 02:12:30,560 Okay. 2031 02:12:30,560 --> 02:12:33,800 Seeing none, I will go ahead and close the public hearing and I will open the floor for 2032 02:12:33,800 --> 02:12:35,480 discussion or a motion. 2033 02:12:35,480 --> 02:12:39,240 So Commissioner Pruitt, I will call back on you and probably ... 2034 02:12:39,240 --> 02:12:40,240 Thank you. 2035 02:12:40,240 --> 02:12:41,240 Yeah. 2036 02:12:41,240 --> 02:12:42,240 Have Ashley come forward? 2037 02:12:42,240 --> 02:12:43,240 Probably Ashley. 2038 02:12:43,240 --> 02:12:44,240 Okay. 2039 02:12:44,240 --> 02:12:45,240 At least for the first couple. 2040 02:12:45,240 --> 02:12:46,240 Okay. 2041 02:12:46,240 --> 02:12:50,980 First of all, I want to thank staff. 2042 02:12:50,980 --> 02:12:57,040 In my opinion, the vast majority of projects that come before us, especially for zoning 2043 02:12:57,040 --> 02:13:02,440 changes, have some conflicting portions of the comprehensive plan. 2044 02:13:02,440 --> 02:13:08,120 And almost all the time, that question is answered by there are no conflicting sections. 2045 02:13:08,120 --> 02:13:12,040 So I want to thank staff and give you your due credit for admitting it. 2046 02:13:12,040 --> 02:13:17,640 I think that helps this board focus on the trade-offs that we are making, as opposed 2047 02:13:17,640 --> 02:13:20,980 to being confused and not knowing what to focus on. 2048 02:13:20,980 --> 02:13:25,120 So thank you for that. 2049 02:13:25,120 --> 02:13:29,680 As I'm thinking about this area, there's a library across the street. 2050 02:13:29,680 --> 02:13:32,080 There's a elementary school to the north. 2051 02:13:32,080 --> 02:13:38,880 There's a middle school just east of the library. 2052 02:13:38,880 --> 02:13:47,640 The strip to the south along Elman Locust, I think, is one of the corridors of that MN-zoned 2053 02:13:47,640 --> 02:13:52,360 area that could grow into a neighborhood shop kind of thing. 2054 02:13:52,360 --> 02:13:59,120 Is there any other infill property that has those characteristics that you can think of? 2055 02:13:59,120 --> 02:14:06,200 It just seems very unique to me in its placement and its ability to be that type of place. 2056 02:14:06,200 --> 02:14:08,720 I can't think of any off the top of my head. 2057 02:14:08,720 --> 02:14:10,320 It does seem unique. 2058 02:14:10,320 --> 02:14:12,720 Everything about this property that I say seems unique. 2059 02:14:12,720 --> 02:14:16,200 I can't think of anything off the top of my head that is similar to this. 2060 02:14:16,200 --> 02:14:17,200 Okay. 2061 02:14:17,200 --> 02:14:18,200 Thank you. 2062 02:14:18,200 --> 02:14:28,960 The fiscal impact study, and if we don't know, that's okay, we can move forward. 2063 02:14:28,960 --> 02:14:37,460 I don't fully understand the agreements that get made when there are projects with some 2064 02:14:37,460 --> 02:14:48,280 affordability or public-private partnership with DHA or another entity. 2065 02:14:48,280 --> 02:14:56,080 Are the proposed, if it does go forward with the 80% and the 50% units, and that involves 2066 02:14:56,080 --> 02:15:04,120 some partnership with DHA, does that fiscal impact summary comprehend whatever tax abatements 2067 02:15:04,120 --> 02:15:05,120 would occur? 2068 02:15:05,120 --> 02:15:06,120 It does not. 2069 02:15:06,120 --> 02:15:08,600 I would like to take that into consideration. 2070 02:15:08,600 --> 02:15:09,600 Okay. 2071 02:15:09,600 --> 02:15:10,600 Thank you. 2072 02:15:10,600 --> 02:15:22,840 The internal circulation patterns, as I look at the site plan, I don't see the fence that's 2073 02:15:22,840 --> 02:15:29,880 proposed completely encircling the area, but I also don't see anything specifically called 2074 02:15:29,880 --> 02:15:33,280 out as a public access easement. 2075 02:15:33,280 --> 02:15:40,120 What I'm asking, I guess, is are we sure that there's going to be a convenient path if someone 2076 02:15:40,120 --> 02:15:46,120 does choose to ride a bicycle or walk through this property to access the 10 acres that's 2077 02:15:46,120 --> 02:15:52,600 being donated in order to get there without walking around the entire circumference of 2078 02:15:52,600 --> 02:15:53,600 the block? 2079 02:15:53,600 --> 02:15:57,640 Are you saying to walk through the multifamily development? 2080 02:15:57,640 --> 02:16:02,320 Yeah, like from the library to go have lunch over there or something. 2081 02:16:02,320 --> 02:16:04,040 That will not be for public access. 2082 02:16:04,040 --> 02:16:05,040 Okay. 2083 02:16:05,040 --> 02:16:08,280 In order, if you're coming from the library in order to get to the park from there, you 2084 02:16:08,280 --> 02:16:13,480 would cross locus and then walk on the side path to the park, but the multifamily development 2085 02:16:13,480 --> 02:16:16,640 in itself is not open for public access. 2086 02:16:16,640 --> 02:16:18,680 Okay. 2087 02:16:18,680 --> 02:16:24,040 I think one for traffic and one for parks, if Gary is still here. 2088 02:16:24,040 --> 02:16:25,040 Gary is still here. 2089 02:16:25,040 --> 02:16:29,760 Gary's up front, so I'll ask that first. 2090 02:16:29,760 --> 02:16:34,000 I know several comments were made about a 10 minute walk to a park. 2091 02:16:34,000 --> 02:16:40,940 Obviously, the history of this property was probably before you came to the city yourself. 2092 02:16:40,940 --> 02:16:48,240 It strikes me as if we're going to add 450 homes here, in some sense, that's putting 2093 02:16:48,240 --> 02:16:53,560 450 more homes immediately next to a park. 2094 02:16:53,560 --> 02:16:59,160 While you might not be doing that by buying parkland, you're doing it by getting it developed 2095 02:16:59,160 --> 02:17:02,320 and bringing homes closer to the park. 2096 02:17:02,320 --> 02:17:04,080 Is that a reasonable way to think about it? 2097 02:17:04,080 --> 02:17:09,220 Is that a benefit as far as when we do our surveys to understand how many of our residents 2098 02:17:09,220 --> 02:17:11,960 have good access to a park? 2099 02:17:11,960 --> 02:17:20,600 That increases our public access to the park percentage across the city just by infill. 2100 02:17:20,600 --> 02:17:21,600 That does occur. 2101 02:17:21,600 --> 02:17:27,040 Obviously, the other way is for us to buy property and develop a park where there is 2102 02:17:27,040 --> 02:17:33,640 no park in one of our hot spots where we're trying to fill in that, so yes, that is accurate. 2103 02:17:33,640 --> 02:17:43,880 Would it be fair to say that the price of land to create a park immediately near 450 2104 02:17:43,880 --> 02:17:54,000 homes would be rather high due to the types of places that that multifamily is developed? 2105 02:17:54,000 --> 02:18:03,280 A neighborhood park of a couple acres is roughly $1.5 million at this point in time. 2106 02:18:03,280 --> 02:18:04,280 That can vary. 2107 02:18:04,280 --> 02:18:08,160 If you put a splash pad in, it's going to be a lot more, probably add another million 2108 02:18:08,160 --> 02:18:10,040 dollars to it from that perspective. 2109 02:18:10,040 --> 02:18:14,080 So they are costly even though they're small. 2110 02:18:14,080 --> 02:18:15,080 Thank you. 2111 02:18:15,080 --> 02:18:29,040 In traffic, I guess I'm confused at the purpose of the second southbound lane because as I 2112 02:18:29,040 --> 02:18:36,000 look at the development plan which shows that lane, basically the southbound traffic starts 2113 02:18:36,000 --> 02:18:41,840 as one lane, widens into two, and then as you get down to the next intersection, both 2114 02:18:41,840 --> 02:18:47,920 lanes are forced to merge into a single lane to turn right on that little go-between between 2115 02:18:47,920 --> 02:18:49,640 Elm and Locust. 2116 02:18:49,640 --> 02:18:55,640 Help me understand how that second lane helps the flow and people's everyday lives. 2117 02:18:55,640 --> 02:19:02,840 The southbound lane on, good evening Chair and Commissioners, Farhan Butt, Deputy Director, 2118 02:19:02,840 --> 02:19:04,760 Transportation Services Division. 2119 02:19:04,760 --> 02:19:07,360 So southbound lane on North Locust. 2120 02:19:07,360 --> 02:19:09,320 Yes, that's correct. 2121 02:19:09,320 --> 02:19:15,640 So this will be on North Locust will have full access. 2122 02:19:15,640 --> 02:19:21,040 So that full access means that there will be left turns, there will be right turns as 2123 02:19:21,040 --> 02:19:25,160 well and there will be traffic coming out and going again. 2124 02:19:25,160 --> 02:19:33,480 So that southbound lane will facilitate any traffic increase or growth because of this 2125 02:19:33,480 --> 02:19:34,480 development. 2126 02:19:34,480 --> 02:19:42,200 Okay, so if I'm imagining I'm living there and I'm coming out eastward and I turn right 2127 02:19:42,200 --> 02:19:51,640 to go south on Locust, then it would essentially allow more ease of access so that I don't 2128 02:19:51,640 --> 02:19:55,600 have to wait quite as long with other traffic coming southbound? 2129 02:19:55,600 --> 02:19:56,600 Absolutely. 2130 02:19:56,600 --> 02:19:57,600 Okay. 2131 02:19:57,600 --> 02:19:58,600 Thank you. 2132 02:19:58,600 --> 02:19:59,600 That's all. 2133 02:19:59,600 --> 02:20:00,600 Thank you. 2134 02:20:00,600 --> 02:20:01,600 Thanks. 2135 02:20:01,600 --> 02:20:02,600 Thank you. 2136 02:20:02,600 --> 02:20:04,840 Any questions? 2137 02:20:04,840 --> 02:20:13,840 We can continue discussion or we can entertain our motion. 2138 02:20:13,840 --> 02:20:14,840 Commissioner Pruitt? 2139 02:20:14,840 --> 02:20:17,840 Yeah, I'll move approval. 2140 02:20:17,840 --> 02:20:23,240 I think when we talk about infill, this is what it means. 2141 02:20:23,240 --> 02:20:29,120 It doesn't mean that everybody gets the type of candy they want from the candy store, but 2142 02:20:29,120 --> 02:20:40,880 it means that our town gets to put more kids, more people next to the great amenities like 2143 02:20:40,880 --> 02:20:45,640 the park and the library that we've already invested millions of dollars in. 2144 02:20:45,640 --> 02:20:46,640 Right? 2145 02:20:46,640 --> 02:20:47,640 Yeah. 2146 02:20:47,640 --> 02:20:50,920 So I'll move approval. 2147 02:20:50,920 --> 02:20:52,400 Thank you. 2148 02:20:52,400 --> 02:20:56,360 I'll go ahead and second. 2149 02:20:56,360 --> 02:21:04,480 I think this is a difficult piece of property to have this discussion because of its history, 2150 02:21:04,480 --> 02:21:06,720 because of what it means and what it has meant. 2151 02:21:06,720 --> 02:21:14,600 I think that was illustrated by many people, including the applicant, in sharing what this 2152 02:21:14,600 --> 02:21:15,760 property has meant. 2153 02:21:15,760 --> 02:21:20,880 I think a great deal of thought has gone into this. 2154 02:21:20,880 --> 02:21:23,360 Neighborhood engagement has gone into this. 2155 02:21:23,360 --> 02:21:28,520 This property can be developed right now, so it's not that it's unzoned now. 2156 02:21:28,520 --> 02:21:38,120 I think what this plan gives is that significant preservation on the site. 2157 02:21:38,120 --> 02:21:45,400 It gives that community engagement to work with the city on what this parkland is going 2158 02:21:45,400 --> 02:21:50,440 to be so that we can preserve the history that we can preserve. 2159 02:21:50,440 --> 02:21:55,300 We may not have everything that we want, like the house that is open to the public. 2160 02:21:55,300 --> 02:22:02,480 That just may not be feasible, it just can't be done, but what can we do to preserve that 2161 02:22:02,480 --> 02:22:09,000 history the best we can and offer that to the community going forward? 2162 02:22:09,000 --> 02:22:18,960 It does seem to just work with housing options, with the tiered rent idea and giving people 2163 02:22:18,960 --> 02:22:27,000 the opportunity to live so close to downtown and be able to walk to the library and walk 2164 02:22:27,000 --> 02:22:32,240 to schools and walk to what our great city has to offer downtown. 2165 02:22:32,240 --> 02:22:39,680 It just gives that option that there are just not very many to offer in the area. 2166 02:22:39,680 --> 02:22:43,840 I will happily second. 2167 02:22:43,840 --> 02:22:47,140 We've got a first and a second for approval, so we can certainly open the floor for more 2168 02:22:47,140 --> 02:22:51,480 discussion or a vote. 2169 02:22:51,480 --> 02:22:52,480 Commissioner Villarreal. 2170 02:22:52,480 --> 02:22:53,600 Thank you, Chair. 2171 02:22:53,600 --> 02:22:58,920 Thank you, 97 Land Company and the applicant for everything you're doing to reach an agreement 2172 02:22:58,920 --> 02:22:59,920 with the community. 2173 02:22:59,920 --> 02:23:06,160 I really appreciate the park idea, the amount of land you all are dedicating for Parkland. 2174 02:23:06,160 --> 02:23:13,480 I would like us to try to incorporate some of the Evers Farm community garden ideas that 2175 02:23:13,480 --> 02:23:16,640 have come forward from the neighborhood, from the folks here in Denton. 2176 02:23:16,640 --> 02:23:20,000 I think that would be the best way to pursue this. 2177 02:23:20,000 --> 02:23:24,400 I would like to see perhaps a way for us to include some of the structure at the very 2178 02:23:24,400 --> 02:23:26,560 least. 2179 02:23:26,560 --> 02:23:29,600 This is a very difficult vote. 2180 02:23:29,600 --> 02:23:33,800 I do appreciate the amount of work you all did to reach where we're at currently, but 2181 02:23:33,800 --> 02:23:35,600 at this current point, I'm going to vote now. 2182 02:23:35,600 --> 02:23:36,600 Thank you. 2183 02:23:36,600 --> 02:23:37,600 Commissioner Thagard. 2184 02:23:37,600 --> 02:23:38,600 Thank you, Chair. 2185 02:23:38,600 --> 02:23:48,960 I wanted to echo what you said, Chair, and just kind of there's a lot of different people 2186 02:23:48,960 --> 02:23:52,360 that could develop this land a completely different way. 2187 02:23:52,360 --> 02:23:58,200 I feel like, no offense to JPI, this is like the devil we know versus the devil we don't. 2188 02:23:58,200 --> 02:24:03,040 I am one of the people that can honestly say I don't want any more apartments either. 2189 02:24:03,040 --> 02:24:09,220 I think in this particular situation, we have an investor that's not only investing in the 2190 02:24:09,220 --> 02:24:16,520 property itself, but also in our opinion and in our community and in terms of the gardens 2191 02:24:16,520 --> 02:24:21,200 or even our parks department, what they may have to offer in terms of, like you said, 2192 02:24:21,200 --> 02:24:24,640 Chair, preserving the things that we do love about the city. 2193 02:24:24,640 --> 02:24:27,360 So, yeah, I'm voting in favor. 2194 02:24:27,360 --> 02:24:28,360 Thank you. 2195 02:24:28,360 --> 02:24:29,360 Thank you. 2196 02:24:29,360 --> 02:24:30,360 Commissioner Cool. 2197 02:24:30,360 --> 02:24:33,520 Thank you, Chair. 2198 02:24:33,520 --> 02:24:40,120 I really appreciate with the applicant 97 land, you always do a great job. 2199 02:24:40,120 --> 02:24:45,640 Great job outreach, great job working with staff, great job staff. 2200 02:24:45,640 --> 02:24:49,520 This is a unique piece of property. 2201 02:24:49,520 --> 02:24:57,040 I never thought in my life here that I would see four apartment complexes cross-race play 2202 02:24:57,040 --> 02:25:02,000 little league baseball. 2203 02:25:02,000 --> 02:25:06,760 The fear is, okay, if we don't go for the apartments, they're going to put two homes 2204 02:25:06,760 --> 02:25:08,560 per acre and level everything. 2205 02:25:08,560 --> 02:25:10,600 I doubt it. 2206 02:25:10,600 --> 02:25:14,300 I don't think they will. 2207 02:25:14,300 --> 02:25:20,680 You hear that a lot and I've been on this dais for, what, six years. 2208 02:25:20,680 --> 02:25:25,720 There's always, I'm going to build up this beautiful Dairy Queen hot fudge sundae and 2209 02:25:25,720 --> 02:25:34,560 it's going to have a massive, beautiful cherry on top, but don't look over here. 2210 02:25:34,560 --> 02:25:41,720 I believe in people's property rights as strong as anyone, but I also know they're not going 2211 02:25:41,720 --> 02:25:49,120 to put single family homes there, it's not going to do it. 2212 02:25:49,120 --> 02:25:53,760 The applicant should be able to develop that property. 2213 02:25:53,760 --> 02:26:02,200 I just, in my heart of hearts, cannot go for this apartment. 2214 02:26:02,200 --> 02:26:07,120 If we gave every property owner a dent in carte blanche, then every square foot of this 2215 02:26:07,120 --> 02:26:10,200 town is going to be an apartment complex. 2216 02:26:10,200 --> 02:26:11,200 Why? 2217 02:26:11,200 --> 02:26:13,600 Because that's the money. 2218 02:26:13,600 --> 02:26:17,520 That's the money. 2219 02:26:17,520 --> 02:26:24,320 Let everything else be damned, you know. 2220 02:26:24,320 --> 02:26:28,880 I've seen a lot of change here. 2221 02:26:28,880 --> 02:26:37,720 I've had my heart broken a thousand times seeing things that are gone. 2222 02:26:37,720 --> 02:26:42,940 You know, I tore around there. 2223 02:26:42,940 --> 02:26:46,960 There are ways to do, I'm for developing that property. 2224 02:26:46,960 --> 02:26:55,680 That's fine, but for apartment complexes, it's a bridge too far for me. 2225 02:26:55,680 --> 02:27:03,200 And I think this threat of two homes per acre is a threat. 2226 02:27:03,200 --> 02:27:08,640 It makes you go, "Oh, well, I better go to this because they're going to do this." 2227 02:27:08,640 --> 02:27:13,920 I've heard it 100 times in six years up here. 2228 02:27:13,920 --> 02:27:17,840 So I can't support this. 2229 02:27:17,840 --> 02:27:29,080 And I would love to see it develop sometime, but for apartment complexes, I can't do it. 2230 02:27:29,080 --> 02:27:30,080 Okay. 2231 02:27:30,080 --> 02:27:33,420 We've got a first and a second for approval. 2232 02:27:33,420 --> 02:27:35,560 Is there any further discussion? 2233 02:27:35,560 --> 02:27:37,000 Okay. 2234 02:27:37,000 --> 02:27:51,000 Let's go ahead and vote, please. 2235 02:27:51,000 --> 02:27:54,920 That motion will carry with a majority of three, two, and it will move forward then 2236 02:27:54,920 --> 02:27:59,720 to city council on October 15th. 2237 02:27:59,720 --> 02:28:02,080 Okay. 2238 02:28:02,080 --> 02:28:04,600 That will take us to our final public hearing this evening. 2239 02:28:04,600 --> 02:28:09,240 That is 5BZ240002. 2240 02:28:09,240 --> 02:28:14,520 I will go ahead and open the public hearing, and Erin is here for presentation. 2241 02:28:14,520 --> 02:28:36,960 Yeah, if you'll just give it a minute to while we let the chambers empty. 2242 02:28:36,960 --> 02:28:55,240 Erin Stanley, assistant planner. 2243 02:28:55,240 --> 02:29:01,160 This is Z24-0002, Mockingbird Lane rezoning. 2244 02:29:01,160 --> 02:29:07,060 So this is a request to rezone approximately 2.6 acres from R2 to R4. 2245 02:29:07,060 --> 02:29:13,640 The property is located generally south of Audre Lane and east of Mockingbird, and is 2246 02:29:13,640 --> 02:29:19,160 undeveloped and has been undeveloped since annexation in 1960. 2247 02:29:19,160 --> 02:29:24,720 And before I get into the previous actions taken, here is the current zoning and the 2248 02:29:24,720 --> 02:29:26,520 requested zoning. 2249 02:29:26,520 --> 02:29:36,160 And some of the differences here, the current zoning, R2, has a lot size of 16,000 square 2250 02:29:36,160 --> 02:29:42,240 feet, and the requested zoning has a minimum lot size of 7,000 square feet. 2251 02:29:42,240 --> 02:29:50,520 And some of the different uses allowed, predominantly both of these zoning districts are for single 2252 02:29:50,520 --> 02:29:53,000 family uses. 2253 02:29:53,000 --> 02:30:00,480 The R4 district would allow, with a specific use permit, town homes, duplexes, administrative, 2254 02:30:00,480 --> 02:30:03,920 professional, and government offices, and bed and breakfasts. 2255 02:30:03,920 --> 02:30:10,320 Again, those are with specific use permits, none of those would be permitted by right. 2256 02:30:10,320 --> 02:30:17,640 So this request has come before this body before, under a different applicant and owner. 2257 02:30:17,640 --> 02:30:26,280 In 2019, they did come before you with the same rezoning request, just exactly how you 2258 02:30:26,280 --> 02:30:31,080 see it today, except they had a proposed site plan with it. 2259 02:30:31,080 --> 02:30:37,400 Then it did come back with several reiterations of overlay districts, restricting to single 2260 02:30:37,400 --> 02:30:45,760 family and then restricting the number of lots, taking out the duplexes in town homes. 2261 02:30:45,760 --> 02:30:51,440 But ultimately, it never went to council for final approval, given some of the discussions 2262 02:30:51,440 --> 02:30:59,040 that were had with the Planning and Zoning Commission and neighbors' comments. 2263 02:30:59,040 --> 02:31:05,160 So staff did review this request, independent from the past, based on our development code, 2264 02:31:05,160 --> 02:31:10,920 the criteria for all applications, as well as the rezoning criteria, and found that it 2265 02:31:10,920 --> 02:31:16,920 is consistent with the goals and policies of the future land use map from the 2040 Comprehensive 2266 02:31:16,920 --> 02:31:23,480 Plan, as well as the proposed zoning purpose statement for R4. 2267 02:31:23,480 --> 02:31:28,800 No development is planned at this time, and when they come back for development, they 2268 02:31:28,800 --> 02:31:35,360 will be required to comply with all DDC and other criteria, and this rezoning is not expected 2269 02:31:35,360 --> 02:31:43,800 to generate significant adverse environmental infrastructure or fiscal impacts. 2270 02:31:43,800 --> 02:31:50,600 The purpose statement of the proposed zoning district, R4, is shown here, and this request 2271 02:31:50,600 --> 02:31:55,600 is consistent with the purpose statement, as the area is already residential and serves 2272 02:31:55,600 --> 02:32:00,520 as a transition area between higher density residential and mixed use areas closer to 2273 02:32:00,520 --> 02:32:08,140 the loop and 380, and transitions between that towards residential areas downtown. 2274 02:32:08,140 --> 02:32:18,520 This also would maintain the existing character of residential in the area with the surrounding 2275 02:32:18,520 --> 02:32:28,780 zoning of R4 to the south, and then further to the east and west. 2276 02:32:28,780 --> 02:32:35,480 As for consistency with the future land use map, the site is designated low residential, 2277 02:32:35,480 --> 02:32:40,560 and this is intended for predominantly single-family neighborhoods with lot sizes up to five units 2278 02:32:40,560 --> 02:32:47,880 per acre gross density, and for distinct subdivision-style development. 2279 02:32:47,880 --> 02:32:55,880 The proposed R4 district would allow 7,000-square-foot lots, which would equate to about six units 2280 02:32:55,880 --> 02:33:00,560 per acre; however, this does not take into account any of the land area that would be 2281 02:33:00,560 --> 02:33:02,760 needed for access. 2282 02:33:02,760 --> 02:33:07,960 The panhandle portion of this lot would likely not have any residential lots on it due to 2283 02:33:07,960 --> 02:33:16,280 the shape, and then for any access down south to reach any of the proposed lots. 2284 02:33:16,280 --> 02:33:22,540 If you factor that area out of this, the max units they could probably fit on this property 2285 02:33:22,540 --> 02:33:29,640 would be around 11, which would be closer to 4.23 units per acre gross density, which 2286 02:33:29,640 --> 02:33:37,640 does fit with the low residential criteria there. 2287 02:33:37,640 --> 02:33:42,600 This map is just to show the future land use map compared to what is current and what is 2288 02:33:42,600 --> 02:33:44,360 requested. 2289 02:33:44,360 --> 02:33:50,920 As you can see, there already is R2, R3, and R4 in this area, and all of these could be 2290 02:33:50,920 --> 02:33:59,660 consistent with the future land use designation of low residential. 2291 02:33:59,660 --> 02:34:04,640 The request does meet several goals and policies of the Comprehensive Plan, including infill 2292 02:34:04,640 --> 02:34:06,680 development. 2293 02:34:06,680 --> 02:34:10,520 Infill development has slightly different definitions than the Comprehensive Plan and 2294 02:34:10,520 --> 02:34:16,400 the DDC, but generally it's development of vacant land surrounded by existing development, 2295 02:34:16,400 --> 02:34:24,200 and this property does have existing development on all sides of it, even if it varies in the 2296 02:34:24,200 --> 02:34:28,520 density of development, all sides are developed. 2297 02:34:28,520 --> 02:34:33,720 Since the Comprehensive Plan specifically calls out that the city should take every 2298 02:34:33,720 --> 02:34:39,080 opportunity to ensure that as gaps in the neighborhood fabric occur, infill development 2299 02:34:39,080 --> 02:34:43,280 is encouraged, complementing the scale and character of the neighborhood. 2300 02:34:43,280 --> 02:34:47,800 As I previously stated, this property has been undeveloped roughly since its annexation 2301 02:34:47,800 --> 02:34:54,640 in 1960. 2302 02:34:54,640 --> 02:35:03,560 This proposal also is consistent with compact growth goals of the Comprehensive Plan. 2303 02:35:03,560 --> 02:35:10,040 As shown in the graphic, the site is already served by public water and sewer. 2304 02:35:10,040 --> 02:35:15,000 Audra as well as Mockingbird are collectors that would serve the property, and the star 2305 02:35:15,000 --> 02:35:26,960 that you see to the west of the property is Audra Oaks Park, and that is within 1,000 2306 02:35:26,960 --> 02:35:34,200 feet path of travel from this site, well within the Parks Department 10-minute walk goal for 2307 02:35:34,200 --> 02:35:35,520 properties. 2308 02:35:35,520 --> 02:35:44,400 And this would be, as infill would be, complies with the Comprehensive Plan to grow resourcefully 2309 02:35:44,400 --> 02:35:52,380 with staged continuous and compatible growth. 2310 02:35:52,380 --> 02:36:02,560 So this proposal also minimizes adverse impacts as well as it doesn't precisely match the 2311 02:36:02,560 --> 02:36:07,040 growth or the current density of all the surrounding properties. 2312 02:36:07,040 --> 02:36:13,480 The area is predominantly this similar R4 zoning density. 2313 02:36:13,480 --> 02:36:19,480 And you can see the properties that are circled in red, so immediately to the south those 2314 02:36:19,480 --> 02:36:26,040 are currently zoned R4 and have just over 7,000 square foot lot sizes consistent with 2315 02:36:26,040 --> 02:36:29,100 most of the surrounding area. 2316 02:36:29,100 --> 02:36:33,480 And then even the properties to the north, so the one single property that I circled 2317 02:36:33,480 --> 02:36:36,080 north of this subject site. 2318 02:36:36,080 --> 02:36:41,960 I wanted to point out that this property is just over 13,000 square feet, which would 2319 02:36:41,960 --> 02:36:47,640 not be consistent with R2 zoning today if they were to redevelop or plat, that would 2320 02:36:47,640 --> 02:36:51,200 not meet current R2 standards. 2321 02:36:51,200 --> 02:36:57,480 So it would be difficult for some of these areas to develop under the current, to redevelop 2322 02:36:57,480 --> 02:37:05,680 under the current R2 standards given the lot size that this has or the lot shape. 2323 02:37:05,680 --> 02:37:11,480 And rezoning would facilitate harmonious development with the properties to the south as well as 2324 02:37:11,480 --> 02:37:15,360 the general area. 2325 02:37:15,360 --> 02:37:21,360 So this slide just shows some of the development patterns that have occurred since annexation. 2326 02:37:21,360 --> 02:37:26,560 A lot of the development began in the '80s and you can see the splotchy sort of pattern 2327 02:37:26,560 --> 02:37:32,900 of development and why it's expected future and future infill projects like this and this 2328 02:37:32,900 --> 02:37:41,640 one as well, why we are seeing this more today and these requests are coming before you. 2329 02:37:41,640 --> 02:37:49,040 So staff did notify residents and owners within 500 feet of the property and a sign was posted 2330 02:37:49,040 --> 02:37:53,160 on the property on August 29th. 2331 02:37:53,160 --> 02:38:01,160 Staff did receive five responses in opposition totaling 38.92% of the property within 200 2332 02:38:01,160 --> 02:38:02,160 feet. 2333 02:38:02,160 --> 02:38:08,080 And the applicant did have conversations with some of the adjacent residents and he is here 2334 02:38:08,080 --> 02:38:13,400 to answer any questions if you have questions for him. 2335 02:38:13,400 --> 02:38:18,440 And with that staff is recommending approval of the zoning change to R4 zoning district 2336 02:38:18,440 --> 02:38:23,680 as it complies with the Denton Development Code criteria for general applications and 2337 02:38:23,680 --> 02:38:24,680 for rezoning. 2338 02:38:24,680 --> 02:38:31,240 And the next step would be City Council on October 15th and I'll stand for any questions. 2339 02:38:31,240 --> 02:38:33,080 >> Thank you very much, Erin. 2340 02:38:33,080 --> 02:38:36,860 Any questions right now for Erin? 2341 02:38:36,860 --> 02:38:38,400 Thank you very much. 2342 02:38:38,400 --> 02:38:39,560 This is a public hearing. 2343 02:38:39,560 --> 02:38:43,760 I don't have any cards wishing to speak, but is there -- yep, come on up to the podium. 2344 02:38:43,760 --> 02:38:46,520 If you'll state your name, your time will begin. 2345 02:38:46,520 --> 02:38:52,120 >> Good afternoon, you got me up past my bed time. 2346 02:38:52,120 --> 02:38:53,120 My name is B.J. 2347 02:38:53,120 --> 02:38:54,120 Edwards. 2348 02:38:54,120 --> 02:39:03,200 I've been a resident here in Denton off and on since '63, not that I really am that old. 2349 02:39:03,200 --> 02:39:09,800 My family has the property, all the property on the east side of this development, the 2350 02:39:09,800 --> 02:39:19,760 proposed development, and I'm here to 100% oppose the zone change from 2 to 4. 2351 02:39:19,760 --> 02:39:21,600 They've tried to do this. 2352 02:39:21,600 --> 02:39:30,040 This is the fourth time I've come here and probably about four years over the same thing. 2353 02:39:30,040 --> 02:39:36,320 With I think what I've learned here is the way it's zoned now, they can put five or six 2354 02:39:36,320 --> 02:39:40,320 homes in that 2.6 acres the way it is. 2355 02:39:40,320 --> 02:39:46,720 There's things to be considered about the traffic we have now on Mockingbird at Audra, 2356 02:39:46,720 --> 02:39:50,980 which is I think less than 100 feet away. 2357 02:39:50,980 --> 02:39:55,800 It's a three-way intersection there. 2358 02:39:55,800 --> 02:39:58,860 School buses and stuff, it's always a problem. 2359 02:39:58,860 --> 02:40:04,320 And if you put multi-drillings in there, like an apartment building or whatever they want 2360 02:40:04,320 --> 02:40:10,080 to call it, that's going to create a lot more traffic there, and there's no sidewalks to 2361 02:40:10,080 --> 02:40:13,960 support it. 2362 02:40:13,960 --> 02:40:19,080 We've got more than 20% of the bounding property there, and we do oppose. 2363 02:40:19,080 --> 02:40:26,640 I know when it was here before this board once before, it didn't fit the criteria. 2364 02:40:26,640 --> 02:40:31,600 And I wonder what might have changed to make it fit the criteria now. 2365 02:40:31,600 --> 02:40:36,800 That's the last of the houses there with the big lots, and you can see straight to the 2366 02:40:36,800 --> 02:40:40,840 south that they have all those packed in there. 2367 02:40:40,840 --> 02:40:43,360 That's the last of them. 2368 02:40:43,360 --> 02:40:46,880 We have one right beside of it. 2369 02:40:46,880 --> 02:40:52,600 And all those houses you pointed out on the north side originally was part of that lot. 2370 02:40:52,600 --> 02:40:58,920 That man died, the inheritors started selling off pieces, and so that's what happened with 2371 02:40:58,920 --> 02:41:04,000 that one little sliver that lets them in from the west, the mockingbird. 2372 02:41:04,000 --> 02:41:06,760 That part didn't get sold. 2373 02:41:06,760 --> 02:41:14,920 But anyways, I just come before here and I oppose it, and those are my reasons. 2374 02:41:14,920 --> 02:41:18,160 It's the last little green belt we got over there. 2375 02:41:18,160 --> 02:41:20,040 Those aren't new homes around there. 2376 02:41:20,040 --> 02:41:21,740 Those are older homes. 2377 02:41:21,740 --> 02:41:26,820 The one I have, I think, was built in the '40s, the '50s, and the '60s. 2378 02:41:26,820 --> 02:41:31,480 It's one of those like you were talking about, the Evers House, I hate to see leave, because 2379 02:41:31,480 --> 02:41:34,400 Evers is part of Denton's history. 2380 02:41:34,400 --> 02:41:38,520 I hate to see us lose Denton history, but we are. 2381 02:41:38,520 --> 02:41:43,040 We're losing razor, we're losing bass, we're losing coal. 2382 02:41:43,040 --> 02:41:47,880 We're losing a lot of good, and I hate to see that go, but that's different. 2383 02:41:47,880 --> 02:41:51,460 This doesn't relate to history or historical. 2384 02:41:51,460 --> 02:41:55,480 If you saw how the house was built, you'd think it was historical, because that's back 2385 02:41:55,480 --> 02:41:58,760 when they had a basic house and then when they could afford it, they'd had a bathroom 2386 02:41:58,760 --> 02:42:01,000 or they'd had a laundry room. 2387 02:42:01,000 --> 02:42:03,840 It's built in sections. 2388 02:42:03,840 --> 02:42:09,480 But anyways, I do oppose this, don't change, because we don't have much crime there now. 2389 02:42:09,480 --> 02:42:13,040 Enough of it moved out there. 2390 02:42:13,040 --> 02:42:19,520 When we revamped that nursing home for the homeless people, now we have trash where they're 2391 02:42:19,520 --> 02:42:20,640 coming from downtown. 2392 02:42:20,640 --> 02:42:25,280 They got them out of downtown, they take them out there, so they go back and forth. 2393 02:42:25,280 --> 02:42:29,320 And that'll just add to more traffic, it'll add to the theft. 2394 02:42:29,320 --> 02:42:33,960 The economy's getting worse and the theft's gonna get worse. 2395 02:42:33,960 --> 02:42:40,800 So I'm opposed to cramming in more addresses in that very small spot. 2396 02:42:40,800 --> 02:42:41,800 Thank you for your time. 2397 02:42:41,800 --> 02:42:42,800 Thank you for sharing your thoughts. 2398 02:42:42,800 --> 02:42:43,800 Appreciate you being here past the best time. 2399 02:42:43,800 --> 02:42:44,800 Any questions for me? 2400 02:42:44,800 --> 02:42:45,800 Do we have any questions? 2401 02:42:45,800 --> 02:42:46,800 Thank you for your time. 2402 02:42:46,800 --> 02:42:47,800 I appreciate it. 2403 02:42:47,800 --> 02:42:48,800 Thank you. 2404 02:42:48,800 --> 02:42:56,320 I don't have any other cards in front of me, but is there anyone else wishing to speak? 2405 02:42:56,320 --> 02:42:57,320 Yeah, sure. 2406 02:42:57,320 --> 02:42:58,320 Come on down. 2407 02:42:58,320 --> 02:42:59,320 You take your time. 2408 02:42:59,320 --> 02:43:13,360 Hi there, if you'll give us your name, your time will begin. 2409 02:43:13,360 --> 02:43:15,600 I'm Melody Ostrom. 2410 02:43:15,600 --> 02:43:21,240 I live, my driveway is right across the street from that property. 2411 02:43:21,240 --> 02:43:31,920 And there's a house right next to it and a house right next to that that has a lot, chickens. 2412 02:43:31,920 --> 02:43:37,200 And I just can't imagine the traffic there would be terrible. 2413 02:43:37,200 --> 02:43:41,620 And there's a great, I don't even know how they'd configure that lot. 2414 02:43:41,620 --> 02:43:45,760 When you go across the street, there's a great big lump that goes all the way across that 2415 02:43:45,760 --> 02:43:46,760 street. 2416 02:43:46,760 --> 02:43:49,760 They'd have to completely reconfigure it. 2417 02:43:49,760 --> 02:43:53,480 And I'm opposed to it. 2418 02:43:53,480 --> 02:43:58,000 I wouldn't like it at all, especially being right across the street from me, because I 2419 02:43:58,000 --> 02:44:01,840 live on the corner of Auburn and Marketport. 2420 02:44:01,840 --> 02:44:07,520 In my driveway, it's right across the street from that sign that says zoning. 2421 02:44:07,520 --> 02:44:09,640 So I'm very opposed to it. 2422 02:44:09,640 --> 02:44:12,120 Thank you for letting us know your thoughts. 2423 02:44:12,120 --> 02:44:15,760 Appreciate that. 2424 02:44:15,760 --> 02:44:18,680 Is there anyone else wishing to speak on this item? 2425 02:44:18,680 --> 02:44:19,680 Okay. 2426 02:44:19,680 --> 02:44:23,600 I do have one card that I'll read into the record. 2427 02:44:23,600 --> 02:44:28,240 In opposition, not wishing to speak, and that is Shannon Koch. 2428 02:44:28,240 --> 02:44:29,240 Okay. 2429 02:44:29,240 --> 02:44:31,880 Thank you. 2430 02:44:31,880 --> 02:44:32,880 Thank you. 2431 02:44:32,880 --> 02:44:33,880 All right. 2432 02:44:33,880 --> 02:44:37,680 Seeing no one else wishing to speak on this item, I'll go ahead and close the public hearing 2433 02:44:37,680 --> 02:44:40,480 and open the floor for discussion or motion. 2434 02:44:40,480 --> 02:44:41,480 Commissioner Villarreal. 2435 02:44:41,480 --> 02:44:42,480 Is the applicant here today? 2436 02:44:42,480 --> 02:44:43,480 Yes. 2437 02:44:43,480 --> 02:44:51,160 I have a few questions for the applicant. 2438 02:44:51,160 --> 02:44:52,160 Thank you for being here. 2439 02:44:52,160 --> 02:44:53,160 Yes, sir. 2440 02:44:53,160 --> 02:44:57,740 I guess my question is with the past contention this property's had before this commission 2441 02:44:57,740 --> 02:45:04,200 and in front of city council, why wasn't there a public meeting held openly for what the 2442 02:45:04,200 --> 02:45:09,200 public to have these conversations, have these tough conversations and hash it out before 2443 02:45:09,200 --> 02:45:10,200 getting here? 2444 02:45:10,200 --> 02:45:11,200 Yeah, absolutely. 2445 02:45:11,200 --> 02:45:14,840 It's a great question. 2446 02:45:14,840 --> 02:45:20,200 This project is one a little bit outside of the normal for me personally. 2447 02:45:20,200 --> 02:45:21,600 I'm a local resident. 2448 02:45:21,600 --> 02:45:22,960 I live here in Denton. 2449 02:45:22,960 --> 02:45:30,080 In fact, my personal residence is less than half of a mile away from this specific location. 2450 02:45:30,080 --> 02:45:33,480 This is a zoning without any development plans. 2451 02:45:33,480 --> 02:45:39,200 There is no significant volume of trees or anything. 2452 02:45:39,200 --> 02:45:44,720 Being a person that comes from a rural community myself, seeing a spot like this, I absolutely 2453 02:45:44,720 --> 02:45:50,840 understand it's ... I would always love to keep things as rural as possible. 2454 02:45:50,840 --> 02:45:58,000 My client specifically had purchased this land hoping to someday develop it. 2455 02:45:58,000 --> 02:46:04,800 They did not find the opportunity to where it was feasible for them and for their business. 2456 02:46:04,800 --> 02:46:10,240 Whenever they had asked me to bring it forward for a rezoning opportunity, it was with no 2457 02:46:10,240 --> 02:46:16,840 intention of development, only to resell, no loss of trees, no land clearing proposals 2458 02:46:16,840 --> 02:46:23,760 or anything of the nature, and it was conducive with everything else going on around it. 2459 02:46:23,760 --> 02:46:31,080 I was not personally aware of past specific issues with this land, other than what was 2460 02:46:31,080 --> 02:46:37,960 given to me from the investor who owns the land right now. 2461 02:46:37,960 --> 02:46:45,120 He had said that from his purchase of this property that the last owners had brought 2462 02:46:45,120 --> 02:46:51,880 it forth for a rezone, but with a application for development on it as well, and that they 2463 02:46:51,880 --> 02:46:56,080 had seemed to have given up in the middle of the process. 2464 02:46:56,080 --> 02:47:01,640 I saw that at one point they did bring that forward, but in this case we're looking to 2465 02:47:01,640 --> 02:47:05,720 just simply bring the zoning and to match it with everything else. 2466 02:47:05,720 --> 02:47:12,120 Now I will say my client is not a local resident of Denton. 2467 02:47:12,120 --> 02:47:19,960 He was looking to, as an investor, even match the zoning to the north and east of the property. 2468 02:47:19,960 --> 02:47:25,320 Whether off of McKinney, similar to that of Good Lane and Bayfield Drive, or there was 2469 02:47:25,320 --> 02:47:31,000 a higher density housing multifamily home right there, I had personally advised him 2470 02:47:31,000 --> 02:47:35,680 that in this area of town it would be much better for the local community to have it 2471 02:47:35,680 --> 02:47:40,720 more as an R4 than pushing forward towards something like an R7 or anything similar to 2472 02:47:40,720 --> 02:47:41,720 it. 2473 02:47:41,720 --> 02:47:47,120 And so this is where we're at right now, but I'm happy to answer any other questions 2474 02:47:47,120 --> 02:47:50,520 of residents or the commission. 2475 02:47:50,520 --> 02:47:51,520 Thank you. 2476 02:47:51,520 --> 02:47:55,120 Appreciate that, and I appreciate you not coming up with us with an R7. 2477 02:47:55,120 --> 02:47:56,120 Yeah. 2478 02:47:56,120 --> 02:47:57,120 All right. 2479 02:47:57,120 --> 02:47:58,120 You know. 2480 02:47:58,120 --> 02:47:59,120 Doin' my part. 2481 02:47:59,120 --> 02:48:04,520 Yeah, I didn't see any other questions. 2482 02:48:04,520 --> 02:48:08,920 Thank you very much for being here. 2483 02:48:08,920 --> 02:48:13,760 Could I actually speak to one of the comments made also by one of the residents? 2484 02:48:13,760 --> 02:48:14,760 Yeah, go ahead. 2485 02:48:14,760 --> 02:48:15,760 I'll let you do that. 2486 02:48:15,760 --> 02:48:16,760 Sure. 2487 02:48:16,760 --> 02:48:22,960 We did do a traffic analysis report, because like I said, I personally live less than half 2488 02:48:22,960 --> 02:48:27,440 of a mile away from this location and drive through it almost on a daily basis. 2489 02:48:27,440 --> 02:48:36,460 The traffic analysis report, if a purchaser of this property from my client were to develop 2490 02:48:36,460 --> 02:48:41,960 according to the housing density with all of the surrounding R4, the increase of traffic 2491 02:48:41,960 --> 02:48:48,240 there in that area, given that there needs to be a public access road built into it from 2492 02:48:48,240 --> 02:48:55,320 that panhandle shape, as Aaron mentioned, the density of homes would not really allow 2493 02:48:55,320 --> 02:49:02,080 for any significant impact on the local community as far as traffic there on Audre Lane or on 2494 02:49:02,080 --> 02:49:03,080 Mockingbird. 2495 02:49:03,080 --> 02:49:08,980 But yeah, I just wanted to make sure that the local community even knew that was taken 2496 02:49:08,980 --> 02:49:09,980 into account. 2497 02:49:09,980 --> 02:49:15,920 We did do a traffic analysis report as requested and it was very nominal impact on the area. 2498 02:49:15,920 --> 02:49:16,920 Thank you for sharing that. 2499 02:49:16,920 --> 02:49:17,920 Appreciate it. 2500 02:49:17,920 --> 02:49:18,920 Commissioner Perrett. 2501 02:49:18,920 --> 02:49:24,520 A question for staff. 2502 02:49:24,520 --> 02:49:30,760 Help me understand when we have sort of a small flag lot subdivision potential, if you 2503 02:49:30,760 --> 02:49:36,920 will, as that goes through the development process, assuming it already had the zoning 2504 02:49:36,920 --> 02:49:50,280 that they wanted to apply for, how would the proportionality of street improvements apply? 2505 02:49:50,280 --> 02:49:56,640 I guess I'm thinking if this was the same acreage but it fronted Mockingbird Street, 2506 02:49:56,640 --> 02:50:02,840 then my understanding of our zoning ordinance is that it would require adding sidewalks 2507 02:50:02,840 --> 02:50:08,100 along that side of Mockingbird Street, for instance, or at least dedication of the land 2508 02:50:08,100 --> 02:50:12,960 and some amount of that. 2509 02:50:12,960 --> 02:50:18,000 Would that also be true when it's a flag lot subdivision or not? 2510 02:50:18,000 --> 02:50:22,360 I'm not sure I know the answer to that one. 2511 02:50:22,360 --> 02:50:26,600 Haley, keep me honest. 2512 02:50:26,600 --> 02:50:32,000 So the proportionality comes into play typically with the permanent roadway improvements. 2513 02:50:32,000 --> 02:50:36,640 So given that this property has frontage on Mockingbird, if we needed to have right of 2514 02:50:36,640 --> 02:50:42,440 way dedication and street improvements, then we would evaluate those improvements in accordance 2515 02:50:42,440 --> 02:50:46,720 with what's being proposed associated with the development to ensure the proportionality 2516 02:50:46,720 --> 02:50:48,360 pencils out. 2517 02:50:48,360 --> 02:50:53,880 The interior streets, like the local residential streets, that's the responsibility of the 2518 02:50:53,880 --> 02:50:55,280 developer at that time. 2519 02:50:55,280 --> 02:50:59,480 And so that proportionality assessment is not done because those are the local streets. 2520 02:50:59,480 --> 02:51:03,760 That just kicks in on the perimeter roadway improvements. 2521 02:51:03,760 --> 02:51:06,280 Okay. 2522 02:51:06,280 --> 02:51:07,280 Thank you for that. 2523 02:51:07,280 --> 02:51:09,920 That helps me understand. 2524 02:51:09,920 --> 02:51:20,320 I am sensitive to the history of this area of town, be it that there were policy decisions 2525 02:51:20,320 --> 02:51:32,560 and opportunities of where property and buildings were available to be able to build the... 2526 02:51:32,560 --> 02:51:36,640 Or renovate the shelter out on Loop 288. 2527 02:51:36,640 --> 02:51:42,280 I'm also sensitive to the fact that we're then putting a population out there who largely 2528 02:51:42,280 --> 02:51:49,680 right now have to walk across Audra that has no sidewalks and then down Mockingbird which 2529 02:51:49,680 --> 02:51:53,040 has no sidewalks until you get to Paisley. 2530 02:51:53,040 --> 02:51:54,040 So yeah. 2531 02:51:54,040 --> 02:51:55,040 That's for him. 2532 02:51:55,040 --> 02:51:56,040 Thank you. 2533 02:51:56,040 --> 02:52:05,840 Erin, while you're up there, can you put, oh, maybe you didn't have the proposed zoning 2534 02:52:05,840 --> 02:52:06,840 in your... 2535 02:52:06,840 --> 02:52:07,840 Proposed zoning? 2536 02:52:07,840 --> 02:52:08,840 Yeah. 2537 02:52:08,840 --> 02:52:09,840 This one? 2538 02:52:09,840 --> 02:52:10,840 Yeah. 2539 02:52:10,840 --> 02:52:24,320 This is going to be the fourth time that I have seen this request, and there's really 2540 02:52:24,320 --> 02:52:25,600 not a whole lot different. 2541 02:52:25,600 --> 02:52:31,960 This just doesn't have the overlay component that the other couple of times had. 2542 02:52:31,960 --> 02:52:39,880 When we talk about trying to continue the zoning, we're not really continuing our four 2543 02:52:39,880 --> 02:52:40,880 zoning here. 2544 02:52:40,880 --> 02:52:44,800 We're sticking our four zoning in the middle of R2 zoning. 2545 02:52:44,800 --> 02:52:46,120 That's really what we're doing. 2546 02:52:46,120 --> 02:52:50,200 This piece of property is surrounded by R2. 2547 02:52:50,200 --> 02:52:54,240 This property has sold multiple times. 2548 02:52:54,240 --> 02:53:01,120 All of the listings that I researched today, they all say, "Come build your home. 2549 02:53:01,120 --> 02:53:08,720 Nice home site that you can still find in Denton where you can build your home and still 2550 02:53:08,720 --> 02:53:16,560 have some room." 2551 02:53:16,560 --> 02:53:22,120 When this was brought before us, at best an engineer got up here and said they could put 2552 02:53:22,120 --> 02:53:24,440 maybe nine homes. 2553 02:53:24,440 --> 02:53:28,200 They had said then they would love to get 10, but he couldn't figure out a way to get 2554 02:53:28,200 --> 02:53:32,440 10, so he could put nine. 2555 02:53:32,440 --> 02:53:38,720 Again, even with that, it's not compatible with what it is. 2556 02:53:38,720 --> 02:53:43,840 It doesn't continue any kind of zoning on the property of the south or the property 2557 02:53:43,840 --> 02:53:45,920 to the cross-mockingbird. 2558 02:53:45,920 --> 02:53:51,680 It doesn't do that. 2559 02:53:51,680 --> 02:54:00,000 I don't feel that our role is to help a property owner make a profit on their investment. 2560 02:54:00,000 --> 02:54:06,000 I just don't think that's a consideration, and I feel like that's what this request feels 2561 02:54:06,000 --> 02:54:07,920 like. 2562 02:54:07,920 --> 02:54:14,420 Knowing it actually has been on the market for over a year and it hasn't sold yet. 2563 02:54:14,420 --> 02:54:22,400 Knowing that this is a straight zoning request of R4 without any kind of plan or protection 2564 02:54:22,400 --> 02:54:24,280 in place. 2565 02:54:24,280 --> 02:54:26,280 Townhomes and duplexes are allowed in R4. 2566 02:54:26,280 --> 02:54:29,920 Yes, they need an SUP, but an SUP doesn't mean that that's a zoning stop. 2567 02:54:29,920 --> 02:54:31,720 That doesn't mean that that couldn't happen. 2568 02:54:31,720 --> 02:54:37,880 If we change it to R4, the next owner, maybe they buy it then, and they come up here and 2569 02:54:37,880 --> 02:54:41,180 they ask for an SUP. 2570 02:54:41,180 --> 02:54:43,560 That certainly doesn't fit. 2571 02:54:43,560 --> 02:54:46,480 That's how you're going to make your money on that, is if you can put some duplexes or 2572 02:54:46,480 --> 02:54:49,320 townhomes in there. 2573 02:54:49,320 --> 02:54:52,840 That's what they're doing on Bayfield down at the end of Audra, but that's not what this 2574 02:54:52,840 --> 02:54:58,680 piece of property is. 2575 02:54:58,680 --> 02:55:05,120 There's no significant changes since we heard this last in 2020. 2576 02:55:05,120 --> 02:55:06,120 Mockingbird's still a mess. 2577 02:55:06,120 --> 02:55:08,440 It still doesn't have sidewalks like you pointed out. 2578 02:55:08,440 --> 02:55:09,880 It's still very narrow. 2579 02:55:09,880 --> 02:55:13,560 It's still heavily congested at school time when a bus is trying to get through there. 2580 02:55:13,560 --> 02:55:17,760 If you're trying to get your car through there or your kids are trying to walk and maneuver, 2581 02:55:17,760 --> 02:55:18,760 it's bad. 2582 02:55:18,760 --> 02:55:19,760 Mockingbird is bad. 2583 02:55:19,760 --> 02:55:21,680 We've talked about that for years and years. 2584 02:55:21,680 --> 02:55:27,200 Unfortunately, it's down the list on our road improvements. 2585 02:55:27,200 --> 02:55:30,880 Anyway, I just wanted to give you history because I think I'm the only one sitting up 2586 02:55:30,880 --> 02:55:35,320 here who has heard this item. 2587 02:55:35,320 --> 02:55:41,120 Maybe Commissioner Cole was on it then, I'm not sure, but anyway, I just wanted to share 2588 02:55:41,120 --> 02:55:46,120 my thoughts as to where my brain is thinking. 2589 02:55:46,120 --> 02:55:49,040 Commissioner Villarreal, I see you on the board. 2590 02:55:49,040 --> 02:55:50,840 Yes, for a motion. 2591 02:55:50,840 --> 02:55:56,980 I move denial for a lot of the reasons already stated today from the lack of knowledge as 2592 02:55:56,980 --> 02:56:02,520 to what is going to be put here, to the lack of community meeting to discuss what could 2593 02:56:02,520 --> 02:56:08,200 be put here, and of course, the fact that we're shoving this in to an R2 area. 2594 02:56:08,200 --> 02:56:13,180 With all that being said, I am moving denial of this request. 2595 02:56:13,180 --> 02:56:14,180 Commissioner Cole? 2596 02:56:14,180 --> 02:56:15,180 Second. 2597 02:56:15,180 --> 02:56:16,180 Okay. 2598 02:56:16,180 --> 02:56:18,460 We've got a first and a second for denial. 2599 02:56:18,460 --> 02:56:21,160 Is there any discussion? 2600 02:56:21,160 --> 02:56:22,160 Commissioner Pruitt? 2601 02:56:22,160 --> 02:56:29,480 I'll just say, I understand the history, I did go back and look at some of those meetings. 2602 02:56:29,480 --> 02:56:38,980 Some of them I watched and may have called into, I don't remember exactly, so if you're 2603 02:56:38,980 --> 02:56:49,880 interested, you can go back to the 29th, anyway. 2604 02:56:49,880 --> 02:56:54,000 I'll just say, I do commend the request for a straight zoning. 2605 02:56:54,000 --> 02:57:03,440 I know that we always feel happy and fuzzy with the cherry on top when we get a plan 2606 02:57:03,440 --> 02:57:14,560 that looks like a finished building, but there is value to having clear, simple regulations 2607 02:57:14,560 --> 02:57:21,040 behind what somebody can do with their property as opposed to something that was created. 2608 02:57:21,040 --> 02:57:30,040 We've seen PDs and PD amendments from the '80s, and it's like a crooked, photocopied, 2609 02:57:30,040 --> 02:57:34,880 purple print, whatever they used to call those things, stuff. 2610 02:57:34,880 --> 02:57:46,880 Anyway, so in general, I'm for straight zonings in places that need to kind of breathe, but 2611 02:57:46,880 --> 02:57:56,080 I also think Chair's comments about why now are very cogent. 2612 02:57:56,080 --> 02:57:57,080 Thank you for that. 2613 02:57:57,080 --> 02:57:58,080 Sure. 2614 02:57:58,080 --> 02:57:59,080 Thank you. 2615 02:57:59,080 --> 02:58:01,160 All right, first and a second for denial. 2616 02:58:01,160 --> 02:58:03,200 Is there any further discussion? 2617 02:58:03,200 --> 02:58:19,720 Okay, we'll go ahead and vote, and it would be a yes to deny or a no for yes, okay. 2618 02:58:19,720 --> 02:58:24,920 That motion is going to carry 5-0. 2619 02:58:24,920 --> 02:58:34,740 That will bring us to our planning and zoning matrix, and I will turn it over to Tina. 2620 02:58:34,740 --> 02:58:35,960 Thank you, Chair. 2621 02:58:35,960 --> 02:58:37,560 Not much to report this evening. 2622 02:58:37,560 --> 02:58:44,760 I think we did go ahead and update the matrix and added just a past tense date related to 2623 02:58:44,760 --> 02:58:50,840 the comp plan action items to document that we did that as well, and we'll go ahead and 2624 02:58:50,840 --> 02:58:55,320 Chair Ellis, if you feel like our presentation this evening during work session addressed 2625 02:58:55,320 --> 02:58:58,480 to your item on the matrix, we'll go ahead and remove that. 2626 02:58:58,480 --> 02:58:59,480 Sure, sounds good. 2627 02:58:59,480 --> 02:59:00,480 Thank you for doing that. 2628 02:59:00,480 --> 02:59:01,480 You're welcome. 2629 02:59:01,480 --> 02:59:07,720 In terms of council action on any cases that the commission may have seen, let's see, since 2630 02:59:07,720 --> 02:59:11,840 your last meeting on the 28th of August, council has not had any meetings, so I have nothing 2631 02:59:11,840 --> 02:59:13,880 to report on that front. 2632 02:59:13,880 --> 02:59:19,160 We do have several items that are slated to go on the 17th if you're keeping track, so 2633 02:59:19,160 --> 02:59:24,240 we've got a busy meeting there and then through the end of the year with projects, but otherwise 2634 02:59:24,240 --> 02:59:25,240 nothing else to report. 2635 02:59:25,240 --> 02:59:26,240 So thank you. 2636 02:59:26,240 --> 02:59:27,240 Thank you. 2637 02:59:27,240 --> 02:59:29,360 Is there anything else to add to the matrix? 2638 02:59:29,360 --> 02:59:30,360 No? 2639 02:59:30,360 --> 02:59:37,760 Tina, it's not really a matrix item, I guess, so maybe it falls into concluding items, but 2640 02:59:37,760 --> 02:59:44,960 just bringing up my point again about platting standard, I don't know if I can get maybe 2641 02:59:44,960 --> 02:59:51,040 a little, we could get a workup of your answer to why we don't do things the same. 2642 02:59:51,040 --> 02:59:54,520 I know you mentioned something about different people looking at it, but I'm still a little 2643 02:59:54,520 --> 03:00:02,040 bit fuzzy on why we don't do gas well designations on subdivision plots the same. 2644 03:00:02,040 --> 03:00:03,080 I don't understand. 2645 03:00:03,080 --> 03:00:08,440 So if we could get some kind of note that just clarifies that with more understanding, 2646 03:00:08,440 --> 03:00:14,400 or better yet, how about a process for doing it all the same, even better? 2647 03:00:14,400 --> 03:00:21,600 And then if we could get a presentation on the tree fund, I would love that. 2648 03:00:21,600 --> 03:00:27,480 I don't know how everybody else feels about that, but I know that's something that we 2649 03:00:27,480 --> 03:00:28,480 have discussed in the past. 2650 03:00:28,480 --> 03:00:33,280 It's been a long time since we've discussed that, certainly before our tree code was redone, 2651 03:00:33,280 --> 03:00:34,540 I know. 2652 03:00:34,540 --> 03:00:39,720 So I think to just kind of get an update on how that's done, where those are going, and 2653 03:00:39,720 --> 03:00:42,040 how often it's used, and that would be fantastic. 2654 03:00:42,040 --> 03:00:43,040 Sure thing. 2655 03:00:43,040 --> 03:00:48,480 We can, we'll look into your first request item, and I understand your sensitivity associated 2656 03:00:48,480 --> 03:00:51,280 with that, and we can definitely look at something for gas wells. 2657 03:00:51,280 --> 03:00:55,640 It's just like, you know, I have a preference for property lines being shown a certain way 2658 03:00:55,640 --> 03:00:59,480 on plots and would love every engineer who does work within our community to draw them 2659 03:00:59,480 --> 03:01:04,200 the way that I would like them to, but I know in that scenario, with the volume of work, 2660 03:01:04,200 --> 03:01:05,200 that's not reasonable. 2661 03:01:05,200 --> 03:01:10,080 But I think with respect to the gas well notations, we can definitely look at something that's 2662 03:01:10,080 --> 03:01:15,120 a little more standardized, given the unique aspect associated with those gas wells, and 2663 03:01:15,120 --> 03:01:18,240 then definitely we can get a presentation on Tree Fund. 2664 03:01:18,240 --> 03:01:22,640 We'll call on our friend, Mr. Packin, to have his staff help us out on that. 2665 03:01:22,640 --> 03:01:23,640 Sure. 2666 03:01:23,640 --> 03:01:24,640 Great. 2667 03:01:24,640 --> 03:01:25,640 Okay. 2668 03:01:25,640 --> 03:01:26,640 Commissioner Pruitt. 2669 03:01:26,640 --> 03:01:27,640 Thank you, Chair. 2670 03:01:27,640 --> 03:01:34,720 I really appreciate those two requests, and if it makes sense, along with the Tree Fund, 2671 03:01:34,720 --> 03:01:39,540 I would appreciate some guidance from staff and maybe feedback from this body as far as 2672 03:01:39,540 --> 03:01:49,360 if there are ways to make sure impacts to specific neighborhoods with development, if 2673 03:01:49,360 --> 03:01:56,440 there are Tree Fund dollars that they get used there quickly. 2674 03:01:56,440 --> 03:02:01,920 And then on the question of the gas wells, I appreciate that. 2675 03:02:01,920 --> 03:02:12,280 There was a question a couple of years ago, or maybe a year and a half ago, about impact 2676 03:02:12,280 --> 03:02:20,120 when there is a gas well outside of city limits that then puts city limits property within 2677 03:02:20,120 --> 03:02:29,260 500 feet or 1250, depending on the consideration of whether it's a reverse setback or a forward 2678 03:02:29,260 --> 03:02:31,600 setback. 2679 03:02:31,600 --> 03:02:38,040 I don't recall a conclusion or resolution to that item of discussion. 2680 03:02:38,040 --> 03:02:41,260 It was something at council, and then we mentioned it here. 2681 03:02:41,260 --> 03:02:45,360 If there already was a resolution, I don't think we need to add anything to the plat 2682 03:02:45,360 --> 03:02:49,720 thing, but if there wasn't, I'd appreciate an update maybe along with that, since it 2683 03:02:49,720 --> 03:02:51,840 still deals with gas wells. 2684 03:02:51,840 --> 03:02:56,600 What we could do is we could do a presentation to the commission for your benefit, because 2685 03:02:56,600 --> 03:03:02,680 not every day you see requests that have gas wells involved, but what we can do is do a 2686 03:03:02,680 --> 03:03:07,640 presentation and, to your point, address that reverse gas well setback and how that comes 2687 03:03:07,640 --> 03:03:08,640 into play. 2688 03:03:08,640 --> 03:03:12,700 We can address it for both properties that are within the city limits, and then if the 2689 03:03:12,700 --> 03:03:17,440 gas well is outside the city limits, how that might impact, because I think there's been 2690 03:03:17,440 --> 03:03:23,440 some determinations made on how that applies, but we can bring you a primer presentation 2691 03:03:23,440 --> 03:03:24,440 on that if that works. 2692 03:03:24,440 --> 03:03:25,440 Thank you. 2693 03:03:25,440 --> 03:03:26,440 Thank you. 2694 03:03:26,440 --> 03:03:27,440 Thank you. 2695 03:03:27,440 --> 03:03:28,440 Okay. 2696 03:03:28,440 --> 03:03:29,440 See nothing else there. 2697 03:03:29,440 --> 03:03:31,560 I'll go ahead and adjourn this at 8.36 p.m. 2698 03:03:31,560 --> 03:03:32,560 Thank you very much, everyone.