WEBVTT 00:00:00.000 --> 00:00:05.220 >> Good afternoon and welcome to the City of Denton's Planning and Zoning Commission 00:00:05.220 --> 00:00:07.860 meeting for Wednesday, September 25th. 00:00:07.860 --> 00:00:15.000 This is our work session and with a quorum present, I will call us to order at 5.31 p.m. 00:00:15.000 --> 00:00:22.020 First item on our work session agenda is citizen comment on consent agenda. 00:00:22.020 --> 00:00:24.520 Is there anyone wishing to speak on consent? 00:00:24.520 --> 00:00:25.520 Okay. 00:00:25.520 --> 00:00:31.080 All right, that will take us then to the clarification on tonight's agenda. 00:00:31.080 --> 00:00:33.280 That's our minutes for September 11th. 00:00:33.280 --> 00:00:35.920 Any questions, issues there? 00:00:35.920 --> 00:00:37.120 Okay. 00:00:37.120 --> 00:00:41.720 And then our consent agenda has two items. 00:00:41.720 --> 00:00:42.720 Questions on those? 00:00:42.720 --> 00:00:47.960 Make sure I don't have any notes. 00:00:47.960 --> 00:00:48.960 Okay. 00:00:48.960 --> 00:00:49.960 Okay. 00:00:49.960 --> 00:00:51.400 Items for individual consideration. 00:00:51.400 --> 00:00:56.280 Our first being FP240016. 00:00:56.280 --> 00:00:57.520 Erin, hi. 00:00:57.520 --> 00:00:58.520 >> Hello. 00:00:58.520 --> 00:01:03.320 >> Give us the summary on that one, please. 00:01:03.320 --> 00:01:07.480 >> Good evening, Erin Stanley, assistant planner. 00:01:07.480 --> 00:01:15.320 This is Redbird Ridge edition and this is a final plat for -- this one's not it. 00:01:15.320 --> 00:01:16.320 >> Nope. 00:01:16.320 --> 00:01:17.320 >> No. 00:01:17.320 --> 00:01:19.080 There we go. 00:01:19.080 --> 00:01:21.640 FP240016. 00:01:21.640 --> 00:01:26.040 This is a final plat on approximately 38.4 acres. 00:01:26.040 --> 00:01:29.200 This is generally south of Country Club Road. 00:01:29.200 --> 00:01:32.760 It's kind of hard to see, but it's right here, it's Country Club. 00:01:32.760 --> 00:01:40.480 And then east of -- east of Oak Ridge Lane and north of Fincher, it's kind of turned 00:01:40.480 --> 00:01:41.480 around here. 00:01:41.480 --> 00:01:46.320 But this is out in the ETJ division one and this is -- they still have a few more comments 00:01:46.320 --> 00:01:47.320 to work through. 00:01:47.320 --> 00:01:55.080 FP240016, they've requested a first extension and staff has no problem with that extension, 00:01:55.080 --> 00:01:57.800 which could be granted to October 23rd, 2024. 00:01:57.800 --> 00:01:58.800 >> Great. 00:01:58.800 --> 00:02:00.280 Questions for Erin? 00:02:00.280 --> 00:02:01.280 Yep. 00:02:01.280 --> 00:02:02.280 Commissioner? 00:02:02.280 --> 00:02:05.920 >> Sorry if I missed it. 00:02:05.920 --> 00:02:06.920 What number extension is this? 00:02:06.920 --> 00:02:07.920 >> First. 00:02:07.920 --> 00:02:08.920 >> First. 00:02:08.920 --> 00:02:09.920 Thank you. 00:02:09.920 --> 00:02:10.920 >> Anything else? 00:02:10.920 --> 00:02:11.920 Okay. 00:02:11.920 --> 00:02:14.920 Thank you. 00:02:14.920 --> 00:02:17.880 First is -- actually, 4B has been withdrawn. 00:02:17.880 --> 00:02:19.680 We did get an email on that. 00:02:19.680 --> 00:02:22.560 So we will not be taking any action there. 00:02:22.560 --> 00:02:28.200 Then it's 4C, FP240010. 00:02:28.200 --> 00:02:32.800 Julie is here to give a summary of that. 00:02:32.800 --> 00:02:34.480 >> Good evening, Julie Wyatt. 00:02:34.480 --> 00:02:37.160 This is the final plat for a multifamily development. 00:02:37.160 --> 00:02:43.160 It actually is a combination of horizontal multifamily and then typical more garden style 00:02:43.160 --> 00:02:45.440 apartment multifamily. 00:02:45.440 --> 00:02:48.520 Some of you might remember this from a couple of years ago. 00:02:48.520 --> 00:02:53.560 We had a comprehensive plan amendment, zoning case, and SUP for it. 00:02:53.560 --> 00:02:57.320 It is located on May Hill, just north of Russell Newman. 00:02:57.320 --> 00:03:01.040 They have a couple things they still need to work out on the civil plans. 00:03:01.040 --> 00:03:03.820 So they are requesting an extension. 00:03:03.820 --> 00:03:05.360 This is their second extension. 00:03:05.360 --> 00:03:07.480 I'll be happy to answer any questions. 00:03:07.480 --> 00:03:09.480 >> Thanks, Julie. 00:03:09.480 --> 00:03:10.480 Questions? 00:03:10.480 --> 00:03:11.480 Okay. 00:03:11.480 --> 00:03:12.480 >> Thank you. 00:03:12.480 --> 00:03:18.160 We've got a couple -- well, actually, we are going to hear one of the public hearings tonight. 00:03:18.160 --> 00:03:25.920 The 5A is being requested to be postponed until October 9th. 00:03:25.920 --> 00:03:31.320 They would like us to open the public hearing and leave it open and then take a vote on 00:03:31.320 --> 00:03:34.000 a postponement to October 9th. 00:03:34.000 --> 00:03:35.440 Questions there? 00:03:35.440 --> 00:03:36.440 Okay. 00:03:36.440 --> 00:03:44.280 Then our public hearing that we will hear tonight, hello, Bryce, is 5B DCA 240011. 00:03:44.280 --> 00:03:45.280 >> Good evening, commission. 00:03:45.280 --> 00:03:46.920 Bryce VanArsdale, assistant planner. 00:03:46.920 --> 00:03:53.280 This is DCA 240011 related to the addition of commercial animal services to the land 00:03:53.280 --> 00:03:56.080 use definitions in the DIN development code. 00:03:56.080 --> 00:04:03.320 On August 28th, we did conduct a work session item over this and went over the proposed 00:04:03.320 --> 00:04:08.080 definition updates as well as the removal of kennel from the DIN development code. 00:04:08.080 --> 00:04:11.400 With that, we did receive three comments from you all. 00:04:11.400 --> 00:04:15.080 One, we did redo the language -- or reword the language so it was more clear about what 00:04:15.080 --> 00:04:18.360 was primarily indoor and primarily outdoor. 00:04:18.360 --> 00:04:24.680 Secondly, we did add to the use specific standards the -- some standards that are from the Texas 00:04:24.680 --> 00:04:28.760 health and safety code that relate to the climate control, the health, and the cleanliness 00:04:28.760 --> 00:04:31.920 of those quarantine and impoundment areas. 00:04:31.920 --> 00:04:36.680 Additionally, we did add a provision to the use specific standards that allows for the 00:04:36.680 --> 00:04:42.560 use of outdoor areas for pet relief and specified that no portion of this use specific standard 00:04:42.560 --> 00:04:45.200 will -- is intended to prevent that from occurring. 00:04:45.200 --> 00:04:50.040 I do have a longer presentation that I'm happy to go through, but I will do that during the 00:04:50.040 --> 00:04:52.120 regular session, and I'll stand for any questions. 00:04:52.120 --> 00:04:53.120 >> Thank you, Bryce. 00:04:53.120 --> 00:04:54.120 Questions? 00:04:54.120 --> 00:04:55.120 Commissioner Pritz? 00:04:55.120 --> 00:05:03.560 >> I think we got a few public comments on this concerning one particular existing business. 00:05:03.560 --> 00:05:08.440 Has staff heard anything about other businesses that would be concerned about this change, 00:05:08.440 --> 00:05:12.400 or is that the only feedback that we've gotten from residents and businesses concerning an 00:05:12.400 --> 00:05:15.960 existing use that would be affected by this? 00:05:15.960 --> 00:05:16.960 >> Yeah, absolutely. 00:05:16.960 --> 00:05:19.800 So I do have -- I have this slide towards the end. 00:05:19.800 --> 00:05:25.320 We did mail 12 929 notices out, which go out to the affected property owners as well as 00:05:25.320 --> 00:05:26.320 the affected businesses. 00:05:26.320 --> 00:05:28.320 We did receive three in opposition. 00:05:28.320 --> 00:05:33.360 Two of those were related to the -- Club K9 is the one that we received the most feedback 00:05:33.360 --> 00:05:34.360 about. 00:05:34.360 --> 00:05:38.720 Just to specify, these businesses are, per the ordinance, going to be deemed conforming 00:05:38.720 --> 00:05:40.840 uses and allowed to continue as they are. 00:05:40.840 --> 00:05:44.800 We're not going to go in and change any of their business activity, anything like that. 00:05:44.800 --> 00:05:50.080 Again, I think we received one phone call regarding a different business, but Club K9 00:05:50.080 --> 00:05:53.560 was the majority of the feedback that we received. 00:05:53.560 --> 00:05:54.560 >> Okay. 00:05:54.560 --> 00:05:55.560 Yeah. 00:05:55.560 --> 00:05:56.560 Thank you. 00:05:56.560 --> 00:05:57.560 >> Yeah. 00:05:57.560 --> 00:06:04.840 >> And you've talked with those businesses, like saying those words that you just said 00:06:04.840 --> 00:06:05.840 to us? 00:06:05.840 --> 00:06:06.840 >> Yes. 00:06:06.840 --> 00:06:07.840 >> Okay. 00:06:07.840 --> 00:06:11.040 >> There was, I believe, two letters I received that they didn't request feedback, so I didn't 00:06:11.040 --> 00:06:15.200 reach back out to them, but there were two that I did receive feedback from, a request 00:06:15.200 --> 00:06:19.040 for clarification on, and I reached out to those owners and we had that conversation 00:06:19.040 --> 00:06:20.040 as well. 00:06:20.040 --> 00:06:22.540 >> But they still are in opposition? 00:06:22.540 --> 00:06:24.840 >> They didn't revise the letter they sent. 00:06:24.840 --> 00:06:25.840 >> Okay. 00:06:25.840 --> 00:06:26.840 >> They sounded like it was fine. 00:06:26.840 --> 00:06:28.940 I do believe they'll be here to speak tonight. 00:06:28.940 --> 00:06:34.400 I interpreted it and explained it as best as I could, under the impression that they're 00:06:34.400 --> 00:06:38.120 all good, but knowing they'll be here tonight, I'm sure they'll speak on it. 00:06:38.120 --> 00:06:39.120 >> Okay. 00:06:39.120 --> 00:06:40.120 Yeah. 00:06:40.120 --> 00:06:47.360 >> Just to add to Bryce's comments, so one of the challenges that we have with what we 00:06:47.360 --> 00:06:53.800 refer to as the 929 notice is state law requires us to put language on the notice. 00:06:53.800 --> 00:07:00.720 It's in 14 or 16-point bold that says basically your business may become nonconforming, and 00:07:00.720 --> 00:07:05.600 so we try to provide some contextual information within the letter as well, so to Bryce's point, 00:07:05.600 --> 00:07:09.960 having those conversations with those property owners or those businesses is really good, 00:07:09.960 --> 00:07:12.400 so hopefully we can allay any concerns or fears. 00:07:12.400 --> 00:07:17.700 Our intent is not to make them nonconforming, and we've been very cognizant as we've worked 00:07:17.700 --> 00:07:21.400 on this proposed ordinance amendment taken into consideration where we currently allow 00:07:21.400 --> 00:07:25.960 the businesses, because keep in mind, under our current definition, we classify them as 00:07:25.960 --> 00:07:26.960 personal service. 00:07:26.960 --> 00:07:31.240 It's kind of the stretch we've made, especially like the groomers, it's pretty obvious. 00:07:31.240 --> 00:07:36.400 The folks that do the boarding, it's a little more challenging for us to -- and so we haven't 00:07:36.400 --> 00:07:39.840 been able to really fully apply that, so we're just trying to do some cleanup also from that 00:07:39.840 --> 00:07:46.160 perspective, but that notice that goes out, it can be very intimidating, even despite 00:07:46.160 --> 00:07:49.080 us providing some additional contextual information for their benefit. 00:07:49.080 --> 00:07:53.160 >> I believe the exact wording is you may lose the right to continue operating your 00:07:53.160 --> 00:07:54.160 business. 00:07:54.160 --> 00:07:56.200 It's a little bit miscommunicating. 00:07:56.200 --> 00:08:02.360 >> Right, yeah, because I mean, the way that they word this, please do not close this business, 00:08:02.360 --> 00:08:03.360 you know. 00:08:03.360 --> 00:08:05.720 >> We have no intent, no plans to do that. 00:08:05.720 --> 00:08:11.000 They're allowed to continue operating as they are, and that's -- that'll be that with the 00:08:11.000 --> 00:08:12.000 proposal. 00:08:12.000 --> 00:08:13.000 >> Thank you, Chair. 00:08:13.000 --> 00:08:20.920 Yeah, I think -- thank you for that additional background and reminding us of those notices. 00:08:20.920 --> 00:08:27.440 I'm not heartbroken about this, but I did notice that at least in the case of Club Canine, 00:08:27.440 --> 00:08:32.000 they are -- you know, the majority of their property is in our zone, but it's a split-zoned 00:08:32.000 --> 00:08:35.800 property with some strip zoning that's R4. 00:08:35.800 --> 00:08:39.440 Technically that means they're taking access through an R4 lot that doesn't allow this 00:08:39.440 --> 00:08:46.700 even with an SUP, so my head starts spinning in the case where any modifications or anything 00:08:46.700 --> 00:08:51.240 else would be desired by that business, and then thinking, does this apply to others? 00:08:51.240 --> 00:08:58.800 So if there's something I'm missing of why that access through doesn't apply here, please 00:08:58.800 --> 00:09:01.240 let me know. 00:09:01.240 --> 00:09:05.520 If so, maybe there's something we can look at going forward after this to bring that 00:09:05.520 --> 00:09:06.520 into conformance. 00:09:06.520 --> 00:09:07.520 I don't know. 00:09:07.520 --> 00:09:08.520 That's my thought. 00:09:08.520 --> 00:09:13.340 >> So presumably they have a valid certificate of occupancy that allows them to operate today, 00:09:13.340 --> 00:09:15.720 and so they are able to continue operating. 00:09:15.720 --> 00:09:20.920 So even given the change we made to the DEC -- gosh, when was that, last year, maybe two 00:09:20.920 --> 00:09:25.640 years ago, when we clarified the requirement of when you take access it has to be through 00:09:25.640 --> 00:09:29.840 a zoning district that allows your property or that allows your use, they are still able 00:09:29.840 --> 00:09:32.760 to continue operating as a nonconforming use. 00:09:32.760 --> 00:09:38.120 If they ever decide to expand later on, make modifications, then we'll look to see what 00:09:38.120 --> 00:09:43.640 is it at that time that they're doing to their property, but we will continue to respect 00:09:43.640 --> 00:09:47.000 the fact that they are able to function as a nonconforming business. 00:09:47.000 --> 00:09:48.620 Our intention is not to close anyone down. 00:09:48.620 --> 00:09:53.320 To Bryce's point, nonconforming uses in our community, they're allowed to continue operating 00:09:53.320 --> 00:09:59.800 in perpetuity unless the business closes their doors or the property owner ceases the use 00:09:59.800 --> 00:10:03.160 for more than a year, then they lose that one particular use that's allowed under the 00:10:03.160 --> 00:10:06.680 code, but they still benefit from all the other uses that are allowed in the zoning 00:10:06.680 --> 00:10:07.680 district. 00:10:07.680 --> 00:10:12.080 >> And with this specific ordinance, we do ensure they're considered conforming rather 00:10:12.080 --> 00:10:16.160 than nonconforming, which basically, as my conversation with Hillary, is that if the 00:10:16.160 --> 00:10:21.680 business were, God forbid, to burn down more than 50%, they would still be able to rebuild 00:10:21.680 --> 00:10:23.560 that business as it exists today. 00:10:23.560 --> 00:10:28.520 If they do any additions or any modifications in that sense, then they would have to bring 00:10:28.520 --> 00:10:33.720 it up to standards with our 5.35 that would be proposed, but as it is, it would still 00:10:33.720 --> 00:10:37.160 be a conforming business, per that definition. 00:10:37.160 --> 00:10:38.160 >> Okay. 00:10:38.160 --> 00:10:39.160 Great. 00:10:39.160 --> 00:10:40.160 Anything else? 00:10:40.160 --> 00:10:41.160 Okay. 00:10:41.160 --> 00:10:42.160 Thank you very much. 00:10:42.160 --> 00:10:43.160 >> Thank you. 00:10:43.160 --> 00:10:48.400 >> I think that was our last item on the agenda. 00:10:48.400 --> 00:10:53.760 Before I close work session, you can see that Commissioner Cole is not here. 00:10:53.760 --> 00:10:55.640 There was a new appointment for him. 00:10:55.640 --> 00:10:58.480 He did term out and he was a holdover. 00:10:58.480 --> 00:11:03.400 That new appointment, we will meet at our next meeting, but certainly, we thank Commissioner 00:11:03.400 --> 00:11:10.720 Cole for his six-plus years of service with us and all he brought to the room. 00:11:10.720 --> 00:11:14.160 So we appreciate that very much, and I'll mention that again in the public meeting. 00:11:14.160 --> 00:11:19.720 I'll go ahead and close our work session at 5.42 p.m. and we will reconvene at 6.30 in 00:11:19.720 --> 00:11:26.520 council chambers. 00:11:26.520 --> 00:11:30.920 >> Good evening and welcome to the city planning and zoning commission meeting for Wednesday, 00:11:30.920 --> 00:11:33.500 September 25th, 2024. 00:11:33.500 --> 00:11:37.960 With the quorum present, I'll call us to order at 6.30 p.m. 00:11:37.960 --> 00:11:42.080 First item on our agenda is the Pledge of Allegiance to the U.S. and Texas flags. 00:11:42.080 --> 00:11:49.600 >> I pledge allegiance to the flag of the United States of America, and to the republic 00:11:49.600 --> 00:11:57.240 for which it stands, one nation, under God, indivisible, with liberty and justice for 00:11:57.240 --> 00:11:58.240 all. 00:11:58.240 --> 00:12:10.320 >> Honor the Texas flag, which is to thee, Texas, one state, under God, one and indivisible. 00:12:10.320 --> 00:12:17.720 >> First item on our agenda for consideration is the approval of our minutes for September 00:12:17.720 --> 00:12:20.040 11th. 00:12:20.040 --> 00:12:21.040 Commissioner Villarreal. 00:12:21.040 --> 00:12:22.040 >> Move approval. 00:12:22.040 --> 00:12:23.040 >> Thank you. 00:12:23.040 --> 00:12:24.040 Commissioner Padron. 00:12:24.040 --> 00:12:25.040 >> Second. 00:12:25.040 --> 00:12:26.040 >> Okay. 00:12:26.040 --> 00:12:27.040 We've got a first and a second. 00:12:27.040 --> 00:12:28.040 Any discussion? 00:12:28.040 --> 00:12:29.040 Okay. 00:12:29.040 --> 00:12:37.040 Let's vote, please. 00:12:37.040 --> 00:12:40.000 That motion carries 4-0. 00:12:40.000 --> 00:12:46.040 That will take us to our items for individual consideration, the first one being 4A, FP2-40016. 00:12:46.040 --> 00:12:47.040 Aaron is second. 00:12:47.040 --> 00:12:48.040 >> Second. 00:12:48.040 --> 00:12:49.040 >> We have a second. 00:12:49.040 --> 00:12:50.040 >> Okay. 00:12:50.040 --> 00:12:51.040 We have a second. 00:12:51.040 --> 00:12:52.040 >> Second. 00:12:52.040 --> 00:12:53.040 >> We have a second. 00:12:53.040 --> 00:12:54.040 >> Okay. 00:12:54.040 --> 00:12:55.040 We have a second. 00:12:55.040 --> 00:12:56.040 >> Second. 00:12:56.040 --> 00:12:57.040 >> Okay. 00:12:57.040 --> 00:12:58.040 Let's vote, please. 00:12:58.040 --> 00:13:01.720 That motion carries 4-0. 00:13:01.720 --> 00:13:09.640 That will take us to our items for individual consideration, the first one being 4A, FP2-40016. 00:13:09.640 --> 00:13:11.040 Aaron is here for presentation. 00:13:11.040 --> 00:13:12.040 Hi. 00:13:12.040 --> 00:13:13.040 >> Hello. 00:13:13.040 --> 00:13:15.800 Aaron Stanley, assistant planner. 00:13:15.800 --> 00:13:23.600 This is a final plat for Redbird Ridge addition, a 38.4-acre site generally south of Country 00:13:23.600 --> 00:13:29.520 Club Road, and this is for 17 residential lots and for HOA lots. 00:13:29.520 --> 00:13:33.600 At this time, they've not met our criteria for approval, but staff has no objection to 00:13:33.600 --> 00:13:38.560 the requested extension, which could be granted to October 23rd. 00:13:38.560 --> 00:13:39.560 >> Thank you. 00:13:39.560 --> 00:13:40.560 Any questions for Aaron? 00:13:40.560 --> 00:13:41.560 Thank you. 00:13:41.560 --> 00:13:42.560 Commissioner Villarreal. 00:13:42.560 --> 00:13:49.440 >> We have approval of the requested extension to a date certain of October 23rd, 2024. 00:13:49.440 --> 00:13:50.440 >> Thank you. 00:13:50.440 --> 00:13:51.440 Commissioner Pruitt. 00:13:51.440 --> 00:13:52.440 >> Second. 00:13:52.440 --> 00:13:55.960 >> Got a first and a second to grant their extension request to a date certain of October 00:13:55.960 --> 00:13:58.600 23rd, 2024. 00:13:58.600 --> 00:14:00.080 Any discussion? 00:14:00.080 --> 00:14:01.240 Okay. 00:14:01.240 --> 00:14:07.360 Let's vote, please. 00:14:07.360 --> 00:14:10.040 That motion carries for zero. 00:14:10.040 --> 00:14:14.940 Our item that was listed on the agenda, item 4B, that item has been withdrawn by the applicant, 00:14:14.940 --> 00:14:17.520 so we will not be taking action there. 00:14:17.520 --> 00:14:22.760 So that will take us to 4C, FP2-40010. 00:14:22.760 --> 00:14:23.920 Julie is here for presentation. 00:14:23.920 --> 00:14:24.920 Hi, Julie. 00:14:24.920 --> 00:14:25.920 >> Good evening. 00:14:25.920 --> 00:14:26.920 Julie Wyatt. 00:14:26.920 --> 00:14:34.600 And I am presenting a final plat for a multifamily development located just west of Mayhill Road, 00:14:34.600 --> 00:14:36.800 north of Russell Newman. 00:14:36.800 --> 00:14:39.840 This multifamily use was approved by a specific use permit. 00:14:39.840 --> 00:14:44.760 They do have a couple of items they still need to work through in order to meet the 00:14:44.760 --> 00:14:47.600 minimum technical requirements of the plat. 00:14:47.600 --> 00:14:49.080 So staff is recommending denial. 00:14:49.080 --> 00:14:53.280 However, we have no objection to the second extension request from the applicant. 00:14:53.280 --> 00:14:55.360 I'll be happy to answer any questions. 00:14:55.360 --> 00:14:56.360 >> Thank you, Julie. 00:14:56.360 --> 00:14:58.360 Any questions for Julie? 00:14:58.360 --> 00:14:59.360 Okay. 00:14:59.360 --> 00:15:00.360 >> Thank you. 00:15:00.360 --> 00:15:06.760 >> Thank you very much. 00:15:06.760 --> 00:15:13.920 I'll go ahead and motion to grant the extension request to a date certain of October 23, 2024. 00:15:13.920 --> 00:15:14.920 Commissioner Pedron? 00:15:14.920 --> 00:15:15.920 >> Second. 00:15:15.920 --> 00:15:16.920 >> Okay. 00:15:16.920 --> 00:15:22.240 We've got a first and a second to grant the extension to a date certain of October 23, 00:15:22.240 --> 00:15:23.240 2024. 00:15:23.240 --> 00:15:24.240 Discussion? 00:15:24.240 --> 00:15:25.240 Okay. 00:15:25.240 --> 00:15:30.560 Please. 00:15:30.560 --> 00:15:32.220 The motion carries 4-0. 00:15:32.220 --> 00:15:36.280 That will take us to our public hearings for this evening. 00:15:36.280 --> 00:15:44.440 Item 5A, PD240004, staff is requesting this item be postponed until a date certain of 00:15:44.440 --> 00:15:46.080 October the 9th. 00:15:46.080 --> 00:15:51.120 So I'm going to go ahead and open the public hearing and leave that public hearing open 00:15:51.120 --> 00:15:59.000 and then look for a motion to postpone. 00:15:59.000 --> 00:16:00.000 Commissioner Villareal? 00:16:00.000 --> 00:16:06.120 >> I move postponement to a date certain of October 9th, 2024. 00:16:06.120 --> 00:16:07.120 >> Thank you. 00:16:07.120 --> 00:16:08.120 Commissioner Pruitt? 00:16:08.120 --> 00:16:09.120 >> Second. 00:16:09.120 --> 00:16:10.120 >> Okay. 00:16:10.120 --> 00:16:14.960 We've got a first and a second to postpone this item to October 9th, 2024, leaving the 00:16:14.960 --> 00:16:16.520 public hearing open. 00:16:16.520 --> 00:16:17.520 Discussion? 00:16:17.520 --> 00:16:18.520 Okay. 00:16:18.520 --> 00:16:26.240 Let's go ahead and vote, please. 00:16:26.240 --> 00:16:28.760 The motion carries 4-0. 00:16:28.760 --> 00:16:34.680 That will take us to item 5B, DCA240011. 00:16:34.680 --> 00:16:35.680 Bryce is here for presentation. 00:16:35.680 --> 00:16:37.720 I will go ahead and open the public hearing. 00:16:37.720 --> 00:16:38.720 >> Good evening, Commissioner. 00:16:38.720 --> 00:16:39.720 Bryce Van Arsdale, Assistant Planner. 00:16:39.720 --> 00:16:47.160 This is DCA240011, related to the addition of commercial animal services. 00:16:47.160 --> 00:16:53.160 Currently, the DDC uses kennel and personal service grooming to capture most domestic 00:16:53.160 --> 00:16:55.000 animal-related businesses. 00:16:55.000 --> 00:16:59.080 However, as the market has developed, we often see businesses which include multiple uses 00:16:59.080 --> 00:17:00.080 under one roof. 00:17:00.080 --> 00:17:04.080 For instance, we'll see a doggie daycare, which in addition to the daycare use, will 00:17:04.080 --> 00:17:07.960 also provide training, grooming or overnight boarding. 00:17:07.960 --> 00:17:11.800 As we consider those sorts of businesses, I'll call your attention to the existing definitions 00:17:11.800 --> 00:17:17.000 where we see in kennel, we have both overnight boarding as well as training, and then in 00:17:17.000 --> 00:17:20.880 the personal service, general, we also include the pet grooming shops. 00:17:20.880 --> 00:17:24.280 So, you can see that when we have multiple of these uses under one roof, it can be a 00:17:24.280 --> 00:17:29.640 little bit murky for staff to interpret which regulations to apply. 00:17:29.640 --> 00:17:32.720 Staff's proposing two additions to the development code. 00:17:32.720 --> 00:17:35.840 There's commercial animal service indoor and commercial service outdoor. 00:17:35.840 --> 00:17:40.560 The differentiation is going to be made within the use-specific standards. 00:17:40.560 --> 00:17:45.120 Both of these definitions will apply to the grooming, training, boarding, adoption and 00:17:45.120 --> 00:17:47.360 daycare of domestic animals. 00:17:47.360 --> 00:17:51.360 I'm looking at the table of allowed uses. 00:17:51.360 --> 00:17:56.000 You'll notice that kennel is removed as most of these businesses, of the proposed businesses, 00:17:56.000 --> 00:17:58.760 will now fall under one of the commercial animal services. 00:17:58.760 --> 00:18:03.920 Additionally, you'll note that the both commercial animal service indoor and outdoor follow a 00:18:03.920 --> 00:18:08.200 very similar pattern to the veterinary clinic-allowed zoning districts. 00:18:08.200 --> 00:18:12.560 The major difference being that the commercial animal service outdoor is not allowed in the 00:18:12.560 --> 00:18:16.680 MN or MD zoning districts. 00:18:16.680 --> 00:18:19.920 With these specific standards, they are rather wordy, but there are some key takeaways that 00:18:19.920 --> 00:18:22.040 I'd like for you to get from this slide. 00:18:22.040 --> 00:18:27.160 First, with residential adjacency, we do establish distance minimums as well as time requirements 00:18:27.160 --> 00:18:32.800 on the outdoor elements that are allowed and adjacent to a residential zoning district. 00:18:32.800 --> 00:18:37.840 Additionally, you'll note under the commercial animal service indoor definition is where 00:18:37.840 --> 00:18:42.200 we make the differentiation between the indoor and outdoor definitions. 00:18:42.200 --> 00:18:47.040 More than 50% of a proposed business may be outdoor if the business will be proposed as 00:18:47.040 --> 00:18:49.920 an indoor land use. 00:18:49.920 --> 00:18:54.960 Additionally, no provision is intended to prevent the use of an outdoor area for animal 00:18:54.960 --> 00:18:59.640 relief or the provision of that area. 00:18:59.640 --> 00:19:03.480 With the definitions to commercial stable as well as personal service general, you'll 00:19:03.480 --> 00:19:08.240 note that both of these are fairly minor in nature, just some clarifying language. 00:19:08.240 --> 00:19:13.000 As previously discussed, we do remove the kennel definition. 00:19:13.000 --> 00:19:16.880 With these specific standards, we do make two minor additions to the veterinary clinic. 00:19:16.880 --> 00:19:22.580 These are both related to livestock veterinary care on site, which we do know is rare and 00:19:22.580 --> 00:19:25.720 typically these animals are treated on their home property. 00:19:25.720 --> 00:19:31.880 However, we do feel that these are important for the businesses to be protected in those 00:19:31.880 --> 00:19:34.880 areas. 00:19:34.880 --> 00:19:38.140 With the minimum required off-street parking, you'll note that the commercial animal services 00:19:38.140 --> 00:19:42.640 are both lumped into one category and these are consistent with the veterinary clinic, 00:19:42.640 --> 00:19:47.680 one space per 500 square feet of gross floor area. 00:19:47.680 --> 00:19:51.960 We did send out 12 929 notices per state requirements. 00:19:51.960 --> 00:19:54.880 We received three in opposition and one in favor. 00:19:54.880 --> 00:19:58.820 On the right side, you'll see the businesses that received this notice. 00:19:58.820 --> 00:20:03.000 These businesses are, per the ordinance, going to be considered as conforming businesses 00:20:03.000 --> 00:20:06.760 and will be allowed to continue their use as they are today and there will be no effect 00:20:06.760 --> 00:20:12.140 from this proposal to their operation of their business as they stand today. 00:20:12.140 --> 00:20:19.120 This update does meet the criteria for approval set out in section 2.7d and staff does recommend 00:20:19.120 --> 00:20:22.480 approval of this proposal as it does meet those criteria for approval. 00:20:22.480 --> 00:20:25.480 I'll stand for any questions. 00:20:25.480 --> 00:20:28.240 Thank you, Bryce. 00:20:28.240 --> 00:20:29.240 Questions? 00:20:29.240 --> 00:20:32.840 Bryce, I guess I've got a quick question as you called out these businesses that would 00:20:32.840 --> 00:20:37.400 be allowed to continue running as they are today. 00:20:37.400 --> 00:20:40.560 That's not actually in this ordinance, though, correct? 00:20:40.560 --> 00:20:42.800 It's not written in the ordinance. 00:20:42.800 --> 00:20:43.800 Is that? 00:20:43.800 --> 00:20:44.800 The specific businesses? 00:20:44.800 --> 00:20:45.800 Yes, ma'am. 00:20:45.800 --> 00:20:48.000 It's going to be in the actual legal numbers. 00:20:48.000 --> 00:20:49.000 Yes, ma'am. 00:20:49.000 --> 00:20:50.000 Excellent. 00:20:50.000 --> 00:20:51.000 That's what I wanted to know. 00:20:51.000 --> 00:20:52.000 Thank you. 00:20:52.000 --> 00:20:54.560 Other questions for Bryce? 00:20:54.560 --> 00:20:55.560 Okay. 00:20:55.560 --> 00:20:56.560 Thank you. 00:20:56.560 --> 00:20:57.560 This is a public hearing. 00:20:57.560 --> 00:21:00.560 I do have a few cards in front of me. 00:21:00.560 --> 00:21:06.120 First one being Charles Lee. 00:21:06.120 --> 00:21:07.120 Good evening. 00:21:07.120 --> 00:21:09.680 If you'll state your name, your time will begin. 00:21:09.680 --> 00:21:10.680 Good evening. 00:21:10.680 --> 00:21:12.040 My name is Charles Lee. 00:21:12.040 --> 00:21:18.280 I just want to say that I'm against this proposal because as far as I know, there has been no 00:21:18.280 --> 00:21:22.120 complaints against these businesses at all, zero complaints. 00:21:22.120 --> 00:21:26.800 I don't understand why we're trying to create a whole new regulatory system on businesses 00:21:26.800 --> 00:21:31.080 that the community is not complaining there's any problem or issues that's going on. 00:21:31.080 --> 00:21:35.920 This is just look like you're just trying to do a sledgehammer to the regulatory system 00:21:35.920 --> 00:21:38.760 on the people for no good reason at all. 00:21:38.760 --> 00:21:43.440 If there was complaints and things of that nature, then I would see, I understand there 00:21:43.440 --> 00:21:45.800 might be need for regulations. 00:21:45.800 --> 00:21:52.000 It just completely flies in the face of self-governance because this country is based on the principle 00:21:52.000 --> 00:21:53.000 of self-governance. 00:21:53.000 --> 00:22:00.000 It wasn't just like self-government away from Britain, but it was also individual self-government 00:22:00.000 --> 00:22:05.640 that everybody governs themselves and as long as I'm not causing any problems with my neighbor, 00:22:05.640 --> 00:22:08.240 the government should just stay out of my business. 00:22:08.240 --> 00:22:14.600 I don't understand why you're just creating a whole system for no good reason at all. 00:22:14.600 --> 00:22:18.880 I just find it personally objectable and that's pretty much all I have to say. 00:22:18.880 --> 00:22:25.040 I move for this not to be approved at all, thank you. 00:22:25.040 --> 00:22:27.940 Thank you Mr. Lee for sharing your thoughts. 00:22:27.940 --> 00:22:34.200 Next card I have is Bobby Self. 00:22:34.200 --> 00:22:35.200 Hello there. 00:22:35.200 --> 00:22:38.720 If you'll give us your name, your time will begin, you'll have four minutes. 00:22:38.720 --> 00:22:45.320 Okay, my name is Bobby Self, 7800 East McKinney, Club K9. 00:22:45.320 --> 00:22:48.960 Now I'm trying to find it because I didn't find it over there, but I got it right here. 00:22:48.960 --> 00:23:02.880 If you'd like to put the eye on the sky on it, there it is right there. 00:23:02.880 --> 00:23:03.880 Thank you. 00:23:03.880 --> 00:23:04.880 I'm going to ask Cathy to check. 00:23:04.880 --> 00:23:05.880 Oh, okay. 00:23:05.880 --> 00:23:06.880 That's okay. 00:23:06.880 --> 00:23:07.880 I can just read it. 00:23:07.880 --> 00:23:08.880 I can just read it. 00:23:08.880 --> 00:23:09.880 It's cool. 00:23:09.880 --> 00:23:10.880 But it's from y'all's paper. 00:23:10.880 --> 00:23:11.880 They just did it. 00:23:11.880 --> 00:23:18.480 Okay, yes, I agree with others as well. 00:23:18.480 --> 00:23:25.060 But the verbiage, let's try to reduce the verbiage or get with whomever in the state 00:23:25.060 --> 00:23:33.820 level through our mayor, city manager, whomever and push up because when we receive information 00:23:33.820 --> 00:23:37.800 such as this, the City of Denton Planning Zoning Commission is holding a hearing that 00:23:37.800 --> 00:23:44.640 will determine whether you may lose the right to continue using your property for its current 00:23:44.640 --> 00:23:47.480 use. 00:23:47.480 --> 00:23:51.360 Now this is, I'm told it's from the state level. 00:23:51.360 --> 00:23:54.760 It's nothing that you could have done or nothing that possibly come from our departments 00:23:54.760 --> 00:24:03.200 here in the city, but that really put a burden on us mentally. 00:24:03.200 --> 00:24:08.880 Okay, well anyway, yeah, I like the comment. 00:24:08.880 --> 00:24:10.760 I really did. 00:24:10.760 --> 00:24:15.440 We do need a little bit of self-governing and if it's just a title change, that's great. 00:24:15.440 --> 00:24:21.240 But if it jumps into where you have to be licensed and such as that, that might get 00:24:21.240 --> 00:24:23.400 a little bit crazy down the road. 00:24:23.400 --> 00:24:27.640 But overall, I can deal with it because it's just like the hot dog guy. 00:24:27.640 --> 00:24:32.320 You don't sell a good hot dog, you're not going to get a repeat customer. 00:24:32.320 --> 00:24:39.040 So I think if we're in business this long, a little verbiage change here and there, that 00:24:39.040 --> 00:24:41.760 would be all right for me. 00:24:41.760 --> 00:24:46.640 But if it gets into licensing and such as that, I don't know about all that. 00:24:46.640 --> 00:24:48.560 But anyway, thank you. 00:24:48.560 --> 00:24:49.960 Thank you very much. 00:24:49.960 --> 00:24:56.360 Tina, I'm going to call on you because this did come up in work session and we're going 00:24:56.360 --> 00:25:01.340 to go ahead and yeah, just clarify here at this meeting if you could about the notices 00:25:01.340 --> 00:25:04.560 that we do have to give out. 00:25:04.560 --> 00:25:05.560 Yes. 00:25:05.560 --> 00:25:12.160 So the letter that we had to send you with the language and the bold font is actually 00:25:12.160 --> 00:25:15.340 a requirement of state law. 00:25:15.340 --> 00:25:20.040 We try to add additional information in the letter to hopefully address resident concerns 00:25:20.040 --> 00:25:25.200 or property owner concerns, but I don't disagree with you that that language is pretty tough 00:25:25.200 --> 00:25:30.560 when it says that you may lose the right to your business or the ability to utilize your 00:25:30.560 --> 00:25:35.560 property with the ordinance amendment that we're doing this evening. 00:25:35.560 --> 00:25:41.720 As Bryce mentioned at the beginning in his presentation, we realized that there are businesses 00:25:41.720 --> 00:25:48.560 that provide boarding services as well as many other services for domestic animals that 00:25:48.560 --> 00:25:55.520 we're having difficulty making a determination in our current zoning regulations about where 00:25:55.520 --> 00:26:02.000 to allow those businesses to occur because our zoning ordinance references if you're 00:26:02.000 --> 00:26:07.680 providing grooming services, so that's pretty clear, but being that the services that are 00:26:07.680 --> 00:26:15.220 available for animals today have expanded, I myself am a user of similar type services, 00:26:15.220 --> 00:26:18.920 we needed to clean up our ordinance to be able to help better address that. 00:26:18.920 --> 00:26:25.440 So we've also included language in our proposed ordinance where our existing businesses would 00:26:25.440 --> 00:26:31.120 be determined to be conforming so you would not fall into a non-conforming situation, 00:26:31.120 --> 00:26:38.140 and Bryce, keep me honest on this, but so we've tried to recognize that with our existing 00:26:38.140 --> 00:26:42.120 businesses that we've put some additional protections in place to allow you to continue 00:26:42.120 --> 00:26:45.800 operating and be conforming in accordance with the zoning. 00:26:45.800 --> 00:26:54.080 But that letter, my apologies, we're required to send that out and it is not friendly wording 00:26:54.080 --> 00:27:00.520 unfortunately, so like I said, my apologies, but we have to follow state law and hence 00:27:00.520 --> 00:27:03.120 why that letter has to be sent that way. 00:27:03.120 --> 00:27:06.600 Thank you, Tina, I did an explanation. 00:27:06.600 --> 00:27:09.680 Commissioner Prude, I did see your name, did you need to speak? 00:27:09.680 --> 00:27:14.080 I think I'll hold it until we've heard the rest of the public hearing. 00:27:14.080 --> 00:27:15.720 Okay, very good. 00:27:15.720 --> 00:27:18.720 So this is a public hearing, I don't have any other cards in front of me, but is there 00:27:18.720 --> 00:27:20.120 anyone else wishing to speak? 00:27:20.120 --> 00:27:21.880 Sure, come on forward. 00:27:21.880 --> 00:27:26.160 You can fill out a card afterward and if you'll give us your name, your time will begin. 00:27:26.160 --> 00:27:27.160 Hi. 00:27:27.160 --> 00:27:32.520 Hi, my name is Bruce Brown and I have a commercial property on Market Street property for one 00:27:32.520 --> 00:27:37.720 of my tenants, Collar Clubs Academy has been there three and a half years and trains dogs 00:27:37.720 --> 00:27:43.960 at that area and I've read the rules and regulations that you've come up with and it is air conditioned. 00:27:43.960 --> 00:27:48.960 One rule that they have is you cannot expand the property even though you have an existing 00:27:48.960 --> 00:27:54.600 business, if you grow, unless you own all the buildings next to you, you own it personally, 00:27:54.600 --> 00:28:02.360 you can't expand and I'm trying to accommodate my tenant as she has more growth coming along. 00:28:02.360 --> 00:28:05.280 Where can I put her, expand her business? 00:28:05.280 --> 00:28:11.360 You now have a rule in the stipulation where the training area, it has to be 150 feet away 00:28:11.360 --> 00:28:12.760 from any commercial property. 00:28:12.760 --> 00:28:18.320 Now, I have nine acres in that location, so I have an area where they do train and it's 00:28:18.320 --> 00:28:25.360 150 feet away from any commercial property, but if you add up the size of that building, 00:28:25.360 --> 00:28:31.680 which is a 40 by, excuse me, it's a 60 by 75 and you add a 150 foot requirement on each 00:28:31.680 --> 00:28:35.640 side that would require over three acres of land. 00:28:35.640 --> 00:28:39.240 If I didn't have a facility where she could train, I'd have to have over three acres of 00:28:39.240 --> 00:28:43.920 land on that size building with that requirement, so I don't know how anybody else is going 00:28:43.920 --> 00:28:47.040 to get in the kennel business in the city limits if they're going to have to have three 00:28:47.040 --> 00:28:54.840 acres of land for that, but my request is with my tenant, can I expand the property 00:28:54.840 --> 00:29:00.240 because whether she has 4,000 square feet or 8,000 square feet would make no difference 00:29:00.240 --> 00:29:07.600 since she's got the training area with 150 foot away from any commercial property. 00:29:07.600 --> 00:29:11.000 Am I making sense? 00:29:11.000 --> 00:29:18.080 Possibly, and I'll get staff in on this to see if they can add for us and if they understand 00:29:18.080 --> 00:29:21.280 what you're asking and what you're asking for clarification on. 00:29:21.280 --> 00:29:22.960 Yeah, Bryce, that'd be great. 00:29:22.960 --> 00:29:23.960 Thank you. 00:29:23.960 --> 00:29:24.960 Thank you. 00:29:24.960 --> 00:29:25.960 Absolutely. 00:29:25.960 --> 00:29:30.520 So, I believe the 150 foot requirement, which is being mentioned, is in the use of specific 00:29:30.520 --> 00:29:31.520 standards. 00:29:31.520 --> 00:29:36.800 It is when it's adjacent to or within 1,000 feet of a residential zoning district. 00:29:36.800 --> 00:29:40.640 I'm not familiar with the exact parcel that we're talking about in this instance. 00:29:40.640 --> 00:29:44.680 It's something that we put in that is common for other municipalities and things of that 00:29:44.680 --> 00:29:51.960 sort to regulate both sound, stench, noise, and just general clean air, as well as the 00:29:51.960 --> 00:29:53.440 litter that can come with some of these areas. 00:29:53.440 --> 00:29:54.440 Right. 00:29:54.440 --> 00:29:56.640 This is adjacent to residential zoning district. 00:29:56.640 --> 00:30:00.640 It's adjacent to a residential zoning district. 00:30:00.640 --> 00:30:01.640 Right. 00:30:01.640 --> 00:30:02.640 Okay. 00:30:02.640 --> 00:30:04.920 And your question had to do with other commercial properties? 00:30:04.920 --> 00:30:13.680 If you could come up to the microphone, yeah, we're recording, so we need. 00:30:13.680 --> 00:30:18.440 The requirement, and correct me if I'm wrong, you have to have a training area or a exercise 00:30:18.440 --> 00:30:22.080 area that has to be 150 feet away from any commercial property. 00:30:22.080 --> 00:30:23.080 No, sir. 00:30:23.080 --> 00:30:25.080 So, if you're within, if you're adjacent to- 00:30:25.080 --> 00:30:26.080 Bryce, I need you at the mic. 00:30:26.080 --> 00:30:27.080 Thanks. 00:30:27.080 --> 00:30:31.080 If you're adjacent to a residential zoning district, that's when that requirement would 00:30:31.080 --> 00:30:32.080 kick in. 00:30:32.080 --> 00:30:34.800 It does not relate to commercial areas or commercial properties. 00:30:34.800 --> 00:30:37.560 It's only when adjacent to a residential zoning district. 00:30:37.560 --> 00:30:42.880 There's no 150-foot minimum? 00:30:42.880 --> 00:30:47.280 Not if we're referring to a commercial zoning district, no, sir. 00:30:47.280 --> 00:30:48.280 Okay. 00:30:48.280 --> 00:30:49.280 All right. 00:30:49.280 --> 00:30:51.280 Now, it does state- Oh, I need the microphone. 00:30:51.280 --> 00:30:54.200 It does state they cannot expand their business? 00:30:54.200 --> 00:30:56.240 No, sir. 00:30:56.240 --> 00:31:02.400 I'm not sure which portion you're referring to, but as it exists today, assuming that it 00:31:02.400 --> 00:31:06.560 exists, well, first of all, the business will be a conforming use, so the business is allowed 00:31:06.560 --> 00:31:07.560 to operate as it is. 00:31:07.560 --> 00:31:13.280 When it comes to expansion, they will be required to meet these additional use-specific standards 00:31:13.280 --> 00:31:17.520 that we're setting forth, but if you're adjacent, there's only, again, one adjacent to a residential 00:31:17.520 --> 00:31:18.520 zoning district. 00:31:18.520 --> 00:31:23.600 It doesn't have to do, you can see on the screen here, this is when located inside over 00:31:23.600 --> 00:31:28.800 within 1,000 feet of a residential zoning district. 00:31:28.800 --> 00:31:35.880 There's no specific standard for one adjacent to a commercial zoning district. 00:31:35.880 --> 00:31:40.320 Okay, thank you. 00:31:40.320 --> 00:31:44.600 I guess with one thing he mentioned, I'm not sure if the business that we're discussing 00:31:44.600 --> 00:31:47.520 is on the list. 00:31:47.520 --> 00:31:48.840 It is on the list? 00:31:48.840 --> 00:31:49.840 Yes. 00:31:49.840 --> 00:31:50.840 Okay. 00:31:50.840 --> 00:32:00.600 In regard to expansion, it is a conforming use, so would the business be allowed to expand? 00:32:00.600 --> 00:32:04.880 It would need to adhere to the new use-specific standards that are being set forth. 00:32:04.880 --> 00:32:09.240 The difference in non-conforming and conforming in this situation are that if a business were 00:32:09.240 --> 00:32:16.520 in our non-conforming use standards, I believe it's chapter 1.6, we do require that if a 00:32:16.520 --> 00:32:20.440 business that's non-conforming burns down or is destroyed more than 50%, they're not 00:32:20.440 --> 00:32:23.840 able to rebuild that without being brought up to current standards. 00:32:23.840 --> 00:32:29.320 However, these being deemed conforming uses, if that building, or God forbid something 00:32:29.320 --> 00:32:33.600 were to happen in that instance, the business would be able to reconstruct as it was originally 00:32:33.600 --> 00:32:34.600 constructed. 00:32:34.600 --> 00:32:39.240 Or in this situation, just want to expand because business is booming and they want 00:32:39.240 --> 00:32:40.240 to expand. 00:32:40.240 --> 00:32:45.520 They would be allowed to expand, but would have to then adhere to whatever, yeah, those 00:32:45.520 --> 00:32:48.240 use-specific standards that are in this ordinance. 00:32:48.240 --> 00:32:49.240 Yes, ma'am. 00:32:49.240 --> 00:32:50.240 Okay. 00:32:50.240 --> 00:32:53.520 Thank you for the explanation. 00:32:53.520 --> 00:32:55.000 This is a public hearing. 00:32:55.000 --> 00:32:58.680 I don't have any more cards, but if there's anyone wishing to speak, yes, please come 00:32:58.680 --> 00:33:03.400 down and if you will state your name, your four minutes will begin. 00:33:03.400 --> 00:33:04.400 Hello. 00:33:04.400 --> 00:33:05.400 Hi. 00:33:05.400 --> 00:33:06.400 Yes, ma'am. 00:33:06.400 --> 00:33:07.400 My name's Kendra Angel. 00:33:07.400 --> 00:33:13.160 I own Shed Pet Salon at the corner of Elm, and we've been in business for three years. 00:33:13.160 --> 00:33:14.720 Everything's been going real well. 00:33:14.720 --> 00:33:21.120 I do have dogs that are older, and I worry about them when they stay other places like 00:33:21.120 --> 00:33:26.960 in a typical kennel situation, so I've talked to zoning and everything. 00:33:26.960 --> 00:33:34.280 We're moving to 820 this week, and then I got this notice, so it scared me, but I talked 00:33:34.280 --> 00:33:41.480 to them about doing boarding, in-home boarding to expand to maybe 10 dogs max, but we're 00:33:41.480 --> 00:33:44.680 still continuing the grooming downstairs. 00:33:44.680 --> 00:33:47.480 Is this going to affect my business? 00:33:47.480 --> 00:33:48.480 Okay. 00:33:48.480 --> 00:33:54.680 I'm going to bring Bryce up, our expert here, to answer that question hopefully. 00:33:54.680 --> 00:33:55.680 Yes, ma'am. 00:33:55.680 --> 00:34:00.760 Since the new definitions will refer to grooming, you will fall under either commercial animal 00:34:00.760 --> 00:34:03.880 services indoor, it sounds like that's what you'll be, or potentially commercial animal 00:34:03.880 --> 00:34:04.880 services outdoor. 00:34:04.880 --> 00:34:07.600 So you'll fall under one of those two definition categories. 00:34:07.600 --> 00:34:08.600 Yes, ma'am. 00:34:08.600 --> 00:34:09.600 Okay. 00:34:09.600 --> 00:34:10.600 Thank you. 00:34:10.600 --> 00:34:11.600 Thank you. 00:34:11.600 --> 00:34:12.600 Thank you, Bryce. 00:34:12.600 --> 00:34:13.600 Yeah. 00:34:13.600 --> 00:34:14.600 Okay. 00:34:14.600 --> 00:34:27.920 Before we hear any more speakers, Tina did a little research on our speaker before this, 00:34:27.920 --> 00:34:30.040 so we'll just shed a little bit more light there. 00:34:30.040 --> 00:34:37.240 So the property that is at, I think I caught the address, 3822 Market Street, is that correct? 00:34:37.240 --> 00:34:41.360 So in looking at that, you're surrounded by commercial zoning. 00:34:41.360 --> 00:34:45.360 So you do not have any residential adjacent zoned properties. 00:34:45.360 --> 00:34:51.140 So again, as Bryce explained earlier, that minimum 150 foot separation requirement comes 00:34:51.140 --> 00:34:57.320 into play when your property is adjacent to or within 150 feet of a residential zone property. 00:34:57.320 --> 00:35:01.540 So in your case, you're surrounded by commercial zoning. 00:35:01.540 --> 00:35:03.640 Thank you very much, Tina. 00:35:03.640 --> 00:35:05.140 This is a public hearing. 00:35:05.140 --> 00:35:09.520 Is there anyone else wishing to speak on this item who has not already? 00:35:09.520 --> 00:35:10.520 Okay. 00:35:10.520 --> 00:35:16.880 I was having another question, but we don't really know how to answer that. 00:35:16.880 --> 00:35:17.880 You know what? 00:35:17.880 --> 00:35:20.440 I'm going to let you, you come up and ask the question. 00:35:20.440 --> 00:35:21.440 How's that? 00:35:21.440 --> 00:35:23.480 And then we'll see if we can get you an answer. 00:35:23.480 --> 00:35:24.480 Right. 00:35:24.480 --> 00:35:30.720 Or within the newest residential areas going into, they have disturbed the ground. 00:35:30.720 --> 00:35:36.440 They are going to build half a million dollar homes and by the 500s of them. 00:35:36.440 --> 00:35:39.440 Do we meet that thousand foot? 00:35:39.440 --> 00:35:43.960 150 or a thousand? 00:35:43.960 --> 00:35:47.920 So it's a thousand feet to win, is when that requirement does kick in. 00:35:47.920 --> 00:35:51.600 As you exist today, we are not going to ask that you change anything. 00:35:51.600 --> 00:35:54.800 Whether you're within that or not, you are, as you exist today, deemed a conforming use. 00:35:54.800 --> 00:35:55.800 We're all good. 00:35:55.800 --> 00:35:57.200 We're going to come in and make you change anything. 00:35:57.200 --> 00:35:58.200 All good. 00:35:58.200 --> 00:35:59.200 Thank you. 00:35:59.200 --> 00:36:00.200 Thank you very much. 00:36:00.200 --> 00:36:01.200 Thank you. 00:36:01.200 --> 00:36:02.200 Okay. 00:36:02.200 --> 00:36:07.560 Anyone else wishing to speak on this public hearing? 00:36:07.560 --> 00:36:09.600 Okay. 00:36:09.600 --> 00:36:10.600 Seeing none. 00:36:10.600 --> 00:36:11.680 I will go ahead and close the public hearing. 00:36:11.680 --> 00:36:17.800 I will go ahead and open the dais for a motion or discussion. 00:36:17.800 --> 00:36:18.800 Commissioner Perrett. 00:36:18.800 --> 00:36:20.680 Thank you, chair. 00:36:20.680 --> 00:36:25.880 Brief question for staff, just to make sure everybody leaves today with a good understanding 00:36:25.880 --> 00:36:31.260 so that when we show up at council, there's no confusion. 00:36:31.260 --> 00:36:35.280 The example that we had one commenter talk about, I think it was more toward the center 00:36:35.280 --> 00:36:39.360 of town, might have some boarding. 00:36:39.360 --> 00:36:44.720 The answer you gave was assuming that that boarding would be inside boarding, that there 00:36:44.720 --> 00:36:48.440 wouldn't be an outdoor play area for the pets. 00:36:48.440 --> 00:36:50.840 Is that your understanding as well? 00:36:50.840 --> 00:36:53.880 Am I correct in interpreting that? 00:36:53.880 --> 00:36:58.320 Sure, just based on the very brief conversation we just had, I would assume that would hit 00:36:58.320 --> 00:36:59.680 the indoor definition. 00:36:59.680 --> 00:37:07.640 Again, we do have some zoning districts that allow the outdoor primary use if that is what 00:37:07.640 --> 00:37:08.640 is proposed. 00:37:08.640 --> 00:37:09.640 Okay. 00:37:09.640 --> 00:37:10.640 Thank you. 00:37:10.640 --> 00:37:11.640 Yeah. 00:37:11.640 --> 00:37:20.680 I'm thankful for staff bringing this and I'm happy to keep going on it. 00:37:20.680 --> 00:37:31.440 I will say that my guess is less than the majority of these types of businesses right 00:37:31.440 --> 00:37:39.080 now are actually conforming, and so we have a lot of reasons why expansion would be made 00:37:39.080 --> 00:37:46.480 more complicated, whether it be parking minimums or setbacks or et cetera. 00:37:46.480 --> 00:37:58.400 I think these are reasonable restrictions though, and so let's see how it goes. 00:37:58.400 --> 00:38:08.040 It makes me a little scared that there's SUPs required in seemingly a lot of cases for situations 00:38:08.040 --> 00:38:19.120 where we want our pets and our animals, especially in light of recent situations, to be able 00:38:19.120 --> 00:38:24.440 to have access to exercise and that sort of thing. 00:38:24.440 --> 00:38:31.280 We'll see where this goes, but I don't see this as a large departure from how the old 00:38:31.280 --> 00:38:34.920 regulations would have been attempted to been applied. 00:38:34.920 --> 00:38:38.120 I see it more as a clarification. 00:38:38.120 --> 00:38:46.080 With that said, I continue to see with our code that people are generally restricted 00:38:46.080 --> 00:38:52.760 from expansion by nature of the last time they did construction was 20 years ago and 00:38:52.760 --> 00:38:56.680 we had a different zoning code then with different requirements. 00:38:56.680 --> 00:38:59.400 So that, yeah, thank you. 00:38:59.400 --> 00:39:00.400 Sure. 00:39:00.400 --> 00:39:07.560 Anything else, discussion or a motion? 00:39:07.560 --> 00:39:11.320 I'll go ahead and move approval on this item. 00:39:11.320 --> 00:39:12.320 Commission approve it? 00:39:12.320 --> 00:39:13.320 Okay. 00:39:13.320 --> 00:39:17.160 Got a first and a second for approval discussion. 00:39:17.160 --> 00:39:19.080 I'll go ahead and take a moment. 00:39:19.080 --> 00:39:20.440 First of all, thanks staff. 00:39:20.440 --> 00:39:28.840 Bryce, I think your information was extremely thorough, your attention to detail, the knowledge 00:39:28.840 --> 00:39:35.280 that you have gained in putting this together has been tremendous and certainly helps us 00:39:35.280 --> 00:39:38.160 understand exactly what's going on here. 00:39:38.160 --> 00:39:42.640 Thank you for sharing your thoughts, everyone. 00:39:42.640 --> 00:39:48.720 I wish that, and it's not just me, I'm sure staff wishes that those scary notices that 00:39:48.720 --> 00:39:54.820 we are required to go out, it didn't have to go out, truly staff has no, there's no 00:39:54.820 --> 00:40:01.900 option to do that, we'd be sued by the state if it was found out that we were not adhering 00:40:01.900 --> 00:40:07.000 to that, nobody wants that, we've got to do it. 00:40:07.000 --> 00:40:14.000 So unfortunately, yes, that mental anguish that unfortunately that you had to endure 00:40:14.000 --> 00:40:20.880 and sorry about that, we hope that with the communication that you were able to have with 00:40:20.880 --> 00:40:29.640 staff who's always available, always, to talk to the public, anybody on staff in this department, 00:40:29.640 --> 00:40:33.960 probably throughout our city, but this is the department that I'm most familiar with, 00:40:33.960 --> 00:40:41.160 will be willing to talk you through any questions that you have when things like this come up. 00:40:41.160 --> 00:40:47.520 Secondly, I understand the confusion, I understand the thoughts of yes, we should govern ourselves 00:40:47.520 --> 00:40:51.440 in a world that we could do that. 00:40:51.440 --> 00:40:56.920 The other thing that this does, it's not really just governance, it's what our vice chair 00:40:56.920 --> 00:41:02.220 already mentioned with clarifying things, you know, the world of animals has done nothing 00:41:02.220 --> 00:41:03.800 but grown. 00:41:03.800 --> 00:41:08.760 How people take care of their animals and what they want for their animals with dog, 00:41:08.760 --> 00:41:17.160 with daycare and grooming and everything and you know, it's just done nothing but grow, 00:41:17.160 --> 00:41:22.000 which is wonderful, but that means there's more businesses that want to do this and we 00:41:22.000 --> 00:41:27.160 have things in our code that doesn't allow staff to right now know how to guide these 00:41:27.160 --> 00:41:28.160 people. 00:41:28.160 --> 00:41:33.720 We don't have it defined, we've got it in descriptions where it doesn't belong like 00:41:33.720 --> 00:41:38.160 personal grooming services, you know, it's something that does need to be clarified so 00:41:38.160 --> 00:41:43.140 that not only our existing businesses, which staff has done an exceptional job calling 00:41:43.140 --> 00:41:51.240 out and making conforming, but it does allow these new businesses to come in and know exactly, 00:41:51.240 --> 00:41:57.300 you know, what they need to be doing for the animal business that they're in. 00:41:57.300 --> 00:42:00.320 So thank you again for coming out. 00:42:00.320 --> 00:42:03.800 Commissioner Pruitt, I saw you, yep, go ahead. 00:42:03.800 --> 00:42:10.200 Yeah, just wanted to point out and staff has more accurate dates, feel free to correct 00:42:10.200 --> 00:42:14.580 me, but I don't think we have city manager's representation. 00:42:14.580 --> 00:42:21.480 I know council in general gives direction for the state legislative priorities at some 00:42:21.480 --> 00:42:27.160 time before the state legislative session starts. 00:42:27.160 --> 00:42:34.960 My advice would be to look on the council agendas for that happening at work session 00:42:34.960 --> 00:42:40.440 times, sometime at the end of the year or the beginning of next year. 00:42:40.440 --> 00:42:41.440 Thank you for that. 00:42:41.440 --> 00:42:47.240 Speaking of, I understand, but thank you for coming tonight. 00:42:47.240 --> 00:42:54.520 And also, can we get the date that this is going to council? 00:42:54.520 --> 00:42:57.000 We have not scheduled this yet for city council's consideration. 00:42:57.000 --> 00:42:58.000 Okay. 00:42:58.000 --> 00:42:59.000 All right. 00:42:59.000 --> 00:43:04.400 So it will be on their agenda, should, depending on what happens here, I suppose. 00:43:04.400 --> 00:43:08.600 And I was going to add, if any of the business representations or representatives that are 00:43:08.600 --> 00:43:13.840 here this evening want to give your email address or phone number, your contact information 00:43:13.840 --> 00:43:17.320 to Bryce, we can follow up with you and let you know when once that is scheduled. 00:43:17.320 --> 00:43:19.040 Yes, that's a great idea. 00:43:19.040 --> 00:43:20.040 Thank you very much. 00:43:20.040 --> 00:43:21.040 Do you know? 00:43:21.040 --> 00:43:22.040 Okay. 00:43:22.040 --> 00:43:23.120 We've got a first and a second for approval. 00:43:23.120 --> 00:43:24.480 Any other discussion? 00:43:24.480 --> 00:43:25.480 Okay. 00:43:25.480 --> 00:43:33.560 Let's go ahead and vote, please. 00:43:33.560 --> 00:43:38.740 That motion carries for zero moving that on to council. 00:43:38.740 --> 00:43:41.200 Thank you, Bryce, for being available here. 00:43:41.200 --> 00:43:42.400 Appreciate that. 00:43:42.400 --> 00:43:44.840 Next on our agenda is the planning and zoning matrix. 00:43:44.840 --> 00:43:49.560 I'll go ahead and turn that over to Tina. 00:43:49.560 --> 00:43:51.040 Thank you, Chair Ellis. 00:43:51.040 --> 00:43:55.320 So regarding the matrix itself, I just wanted to let the commission know one of the things 00:43:55.320 --> 00:43:59.360 that we are actually going to add to the matrix and it's sort of a follow up from a request 00:43:59.360 --> 00:44:03.140 that Chair Ellis had made regarding some data related to multifamily. 00:44:03.140 --> 00:44:07.760 So we're going to add a discussion item for work session consideration to the matrix. 00:44:07.760 --> 00:44:12.760 We are looking at having that at your second meeting in October and being able to present 00:44:12.760 --> 00:44:13.760 that data. 00:44:13.760 --> 00:44:20.480 So you'll see that being added in terms of city council's actions on cases that you've 00:44:20.480 --> 00:44:26.520 seen from since your last meeting back on September 17th. 00:44:26.520 --> 00:44:30.280 We had a very generous agenda with items on there. 00:44:30.280 --> 00:44:34.440 So happy to report the adoption of the downtown, or the design downtown Denton plan. 00:44:34.440 --> 00:44:37.320 Make sure I call it by the correct name. 00:44:37.320 --> 00:44:41.160 Council unanimously approved the plan. 00:44:41.160 --> 00:44:44.320 I know the planning and zoning commission spent a lot of time and effort with that. 00:44:44.320 --> 00:44:47.960 And Zoe, thank you for all of your involvement as well as the community's involvement in 00:44:47.960 --> 00:44:52.120 the preparation of that plan because we did some extensive public engagement on that. 00:44:52.120 --> 00:44:53.120 But that was approved. 00:44:53.120 --> 00:44:58.800 So now we look forward to working on implementing the recommendations from the plan. 00:44:58.800 --> 00:45:01.060 Other items that we had that evening. 00:45:01.060 --> 00:45:07.280 If you recall, there were two historic or excuse me, a historic landmark designation 00:45:07.280 --> 00:45:10.800 items that one was at 1526 Willowwood. 00:45:10.800 --> 00:45:13.740 The other one was at 1900 Westridge Street. 00:45:13.740 --> 00:45:17.920 Those were both approved also unanimously by city council. 00:45:17.920 --> 00:45:24.480 Then we also had a specific use permit for multifamily use on 2.4 acres of land that 00:45:24.480 --> 00:45:29.960 was on the south side of North Elm, approximately 560 feet east of Riney Road. 00:45:29.960 --> 00:45:35.920 If you recall, this track was kind of triangular shape backs up to a city regional detention 00:45:35.920 --> 00:45:37.460 pond. 00:45:37.460 --> 00:45:42.140 So that was also approved by city council. 00:45:42.140 --> 00:45:47.480 And then also we had the amending specific use permit for the multifamily project that 00:45:47.480 --> 00:45:52.700 was at the southeast corner of Locust and loop 288. 00:45:52.700 --> 00:45:56.080 And if I'm not mistaken correctly, north of Hercules drive. 00:45:56.080 --> 00:46:00.000 That was also approved by city council. 00:46:00.000 --> 00:46:07.960 And then short term rentals that continues to live on but a couple of updates as it relates 00:46:07.960 --> 00:46:08.960 to that. 00:46:08.960 --> 00:46:13.320 So last night, we were hoping to have council's consideration of that. 00:46:13.320 --> 00:46:17.400 There's a public notice requirement that we did not satisfy that we're required to do 00:46:17.400 --> 00:46:18.400 per state law. 00:46:18.400 --> 00:46:21.020 So we wanted to get that corrected. 00:46:21.020 --> 00:46:26.240 So we asked council to go ahead and continue the short term rentals discussion to the October 00:46:26.240 --> 00:46:27.480 22nd meeting. 00:46:27.480 --> 00:46:32.840 So we will have our formal public hearing of that proposed ordinance at that time. 00:46:32.840 --> 00:46:37.400 Before then, though, on October 15th, we will have a work session discussion with city council 00:46:37.400 --> 00:46:42.520 soon it's been quite some time since the ordinance was originally acted on on July 23rd that 00:46:42.520 --> 00:46:44.080 resulted in the tie vote. 00:46:44.080 --> 00:46:47.480 So for those of you that are interested in short term rentals, whether you're here in 00:46:47.480 --> 00:46:51.640 the audience or maybe watching at home, I would encourage you to listen to the council 00:46:51.640 --> 00:46:54.600 meeting on October 15th again during their work session. 00:46:54.600 --> 00:46:58.520 And then anybody that wants to provide comments related to the ordinance may do so on October 00:46:58.520 --> 00:46:59.520 22nd. 00:46:59.520 --> 00:47:06.160 So and then lastly, I would also like to thank former Commissioner Jason Cole, who's usually 00:47:06.160 --> 00:47:09.440 sitting at the very end of our dais here. 00:47:09.440 --> 00:47:12.160 So want to thank him for all of his years of service. 00:47:12.160 --> 00:47:16.400 I know he spent six years on the Planning and Zoning Commission and always provided very 00:47:16.400 --> 00:47:22.800 thoughtful consideration of requests being brought before him and was a wonderful person 00:47:22.800 --> 00:47:24.320 to be able to work with and get to know. 00:47:24.320 --> 00:47:27.400 So we thank you for your service if you're watching at home. 00:47:27.400 --> 00:47:28.720 And that concludes my report. 00:47:28.720 --> 00:47:30.640 Thank you so much. 00:47:30.640 --> 00:47:32.400 Commissioner really real. 00:47:32.400 --> 00:47:33.400 Thank you, Chair. 00:47:33.400 --> 00:47:34.400 Thank you, Tina. 00:47:34.400 --> 00:47:35.960 Just a quick question on the downtown area plan. 00:47:35.960 --> 00:47:39.800 I was only able to catch a brief segment of the city council meeting on it. 00:47:39.800 --> 00:47:44.760 I know there was discussion at the meeting about the pool and the auditorium was that 00:47:44.760 --> 00:47:47.600 changed at all in the final plan or the plan passed? 00:47:47.600 --> 00:47:48.600 We had passed it. 00:47:48.600 --> 00:47:51.720 The plan passed as the Planning and Zoning Commission had recommended. 00:47:51.720 --> 00:47:55.800 So there was no changes made to the plan document itself. 00:47:55.800 --> 00:47:59.040 There's always interest in the continued interest in the community with respect to the swimming 00:47:59.040 --> 00:48:00.040 pool. 00:48:00.040 --> 00:48:07.120 And so this plan included a couple of alternatives as the commission had seen, but as Parks Department 00:48:07.120 --> 00:48:12.360 continues working on refining the plan for Quaker Town Park, they will have an extensive 00:48:12.360 --> 00:48:15.400 public engagement process that they undertake at that time. 00:48:15.400 --> 00:48:19.360 So persons are able to work with the Parks Department, provide comments and feedback 00:48:19.360 --> 00:48:24.200 related to the pool, because I know many people within the community are emotionally attached 00:48:24.200 --> 00:48:31.360 to that pool facility, but all of the elements that are actually in that park plan, there 00:48:31.360 --> 00:48:37.900 will be another phase of the park planning for the Quaker Town Park property. 00:48:37.900 --> 00:48:43.760 And so all of those items will be re-discussed, not just the swimming pool itself, but the 00:48:43.760 --> 00:48:48.120 entire park plan layout at such point in time when the city is ready to do those improvements. 00:48:48.120 --> 00:48:49.120 Thank you. 00:48:49.120 --> 00:48:50.120 Absolutely. 00:48:50.120 --> 00:48:51.120 Thank you. 00:48:51.120 --> 00:48:56.180 Is there anything to add to the matrix? 00:48:56.180 --> 00:49:06.600 Concluding items, I'll go ahead and state what Tina has already, and that is to thank 00:49:06.600 --> 00:49:10.400 Commissioner Cole for his time with us. 00:49:10.400 --> 00:49:15.760 He did serve his three terms and a little bit over that as a holdover, and we very much 00:49:15.760 --> 00:49:20.960 appreciate the time and dedication that he gave to the role. 00:49:20.960 --> 00:49:23.640 It was certainly a pleasure to serve with him. 00:49:23.640 --> 00:49:25.440 So thank you, Commissioner Cole. 00:49:25.440 --> 00:49:27.200 Very much appreciate you. 00:49:27.200 --> 00:49:28.200 Commissioner Villarreal. 00:49:28.200 --> 00:49:29.880 Just wanted to say ditto. 00:49:29.880 --> 00:49:32.920 We didn't always agree, but Commissioner Cole was always a positive presence on the board, 00:49:32.920 --> 00:49:35.800 and I know he'll be missed by everyone on the commission. 00:49:35.800 --> 00:49:36.800 Great energy. 00:49:36.800 --> 00:49:37.800 Yeah. 00:49:37.800 --> 00:49:38.800 Thank you very much. 00:49:38.800 --> 00:49:39.800 Anything else? 00:49:39.800 --> 00:49:40.800 Concluding items? 00:49:40.800 --> 00:49:41.800 Okay. 00:49:41.800 --> 00:49:44.680 With that, go ahead and adjourn our meeting at 7.08 p.m. 00:49:44.680 --> 00:49:45.280 Thank you very much.