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 - Good afternoon and welcome to our work session

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 of the City of Denton Planning and Zoning Commission.

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 On March 19th, it is 5.03 p.m.

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 We'll call us to order.

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 Our first order of business is citizen comments

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 on the consent agenda and not seeing any comments.

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 We will move forward to the next item,

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 which is the, sorry,

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 questions on the consent agenda from the commission.

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 Seems quiet.

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 I take that as none.

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 So we will move on to the items

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 for individual consideration.

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 Good afternoon.

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 - Good afternoon.

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 Karen Robertson, Prince Will Planner.

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 This is a final plot for a approximately 20 acre property

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 on the northwest corner of I-35 and Robson Ranch Road.

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 Staff is recommending denial at this time

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 for the final plot as it does not comply

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 with our established criteria for approval,

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 but we have no objection to a final extension request

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 of April 9th.

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 - Looks like this is the first extension request.

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 Any questions on this item?

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 No?

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 Yes, Mr. Villarreal.

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 - Do we believe that with the extension request,

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 they'll be able to meet plot requirements by April 9th?

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 - Yes. - Okay.

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 - I see nothing else.

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 Thank you, Cameron.

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 Next item, item, sorry.

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 4B, FP250007.

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 It looks like Angie is up here and me instead.

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 - Yes, good evening.

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 Angie Manglaris, Development Review Manager.

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 I'm gonna be presenting this final plot this evening.

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 This is FP, this is not FP25.

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 This is FP250007.

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 This is a final plot for Elm's Bed Multifamily.

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 It's generally located at the northeast corner

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 of Audre Lane and Nottingham.

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 The intent of this final plot is to create one lot

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 for development of a future multifamily site.

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 At this time, they're not compliant

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 with all of our review criteria.

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 The applicant has requested a extension

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 to a date certain of April 9th.

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 This would be their first extension request.

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 I'm happy to answer any questions you all may have.

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 - Thank you.

53
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 Is there enough time for them to get this figured out

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 before April 9th?

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 Are they gonna have a final plot for us by April 9th?

56
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 - It does look like they have a handful

57
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 of lingering comments, but it is possible

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 that they do all get worked out by April 9th.

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 It's a little difficult for me to speak on their timing.

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 - Thank you.

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 - Seeing nothing else, thank you, Angie.

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 Next is item 4C, FP250009.

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 - Good afternoon, Erins.

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 - Good afternoon.

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 This is FP250009.

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 This is Hilltop Village addition.

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 This is an approximately six acre site located

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 in the ETJ, east of Hilltop Road.

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 At this time, this plot does not meet our criteria

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 for approval and staff is recommending denial,

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 but we have no objection to their requested extension

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 to April 9th.

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 First, this would be a first extension request.

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 - And Commissioner Villarreal.

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 - Thank you.

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 So are we expecting this to be good to go by that time?

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 - I do expect that.

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 - Okay, thank you.

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 - Thank you, Erins.

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 Next is 4E, sorry, my D, thank you.

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 FP250011.

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 Good afternoon, Julie.

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 - Good afternoon, Julie Wyatt, Principal Planner.

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 Let me see if I can.

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 I guess that's gonna stay.

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 Julie Wyatt, Principal Planner.

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 I'm presenting FP2511, this is Villages on McKinney.

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 It is a final plot for 113-0 lot line,

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 single-family residential dwellings.

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 Some of you may remember this.

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 It was a plan development that went forward with zoning

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 recently.

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 They do have a few items that they need to work through,

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 quite a few review comments that they still have to address.

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 So staff is recommending denial at this time.

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 However, we have no objection to their requested extension,

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 and it is the first extension that they requested.

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 Should I go ahead and answer?

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 Yes.

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 - You know, we're working toward getting to that April 9th.

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 They may not be able to address all of those comments

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 by then, but that's certainly a goal that we have.

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 - And I think on this one in particular,

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 there were some additional utility access things

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 that make it a little bit more complex

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 than your average plat, is that--

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 - It is a complicated site as well as plat,

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 so that was one of the reasons for the PD

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 is just the complexity of the site.

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 - Okay, thank you.

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 - Thank you.

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 - Now we are at 4E, FP25.

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 - Can I just interrupt--

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 - Yes, please do, sorry.

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 - So when we're seeing all of these come through

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 and staff is requesting to deny it

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 and that they want the extension,

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 is it just because there's things in place

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 that they haven't finished and we're on a deadline

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 of having to meet some of the requirements,

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 you know, the timelines?

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 - Right, so state law requires us to take action on plat

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 within 30 days, so we either approve them,

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 deny them or approve with conditions

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 could be an option as well.

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 Because of the state obligation to take action,

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 when applicants are not ready

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 to have the final plat approved,

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 keep in mind it's typically synced up

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 also with their civil engineering plans.

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 And so since the state statute allows

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 for essentially unlimited extensions for the applicants,

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 hence why we try to work with them.

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 So it's not uncommon for us to have final plats

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 where they're on that first extension.

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 Most projects usually are able

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 to get their civil engineering plans

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 and their plat wrapped up within that extension timeframe.

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 We have had a handful of projects from time to time

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 that might need a second extension,

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 but what you're saying is not uncommon.

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 - So when I see these extensions,

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 like if we're seeing multiple extensions,

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 then that's like a red flag or not necessarily?

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 - It's not necessarily a red flag.

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 Each site is unique many times

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 and so has unique challenges that have to be worked through.

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 And so a lot of times it's the applicant

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 trying to work with our team

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 on getting resolution of the staff comments

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 because the final plat is linked

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 to the civil engineering plans.

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 Quality engineering doesn't always happen in 60 days.

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 And so hence the extension requests that are provided for.

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 So our goal is to get them to get their projects

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 to compliance so they meet all their standards.

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 So if that means they've got to get an extension

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 on their plat, we don't see any harm in that.

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 - Okay, I just noticed a lot of the recommendation

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 to deny and extend.

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 So I just wanted to make sure I had a clear understanding.

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 - Absolutely. - Thank you.

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 - Yeah, I'll just add to that from a lay perspective.

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 That state requirement came in with what we refer to

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 as the shot clock for plat applications,

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 partially as a result of many jurisdictions,

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 either because of capacity or because of desire,

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 taking a very long time to take action on plats.

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 Denton, even before that state law requirement was in place,

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 was fairly expedient on these applications,

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 but the language and how they're presented in the agenda

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 is a function of that state law.

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 Okay, now we will, for EFP250008, welcome.

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 Matt.

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 - There we go.

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 All right, so this is FP250008.

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 This is a final plat for a multifamily dwelling site

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 with a Bay Zoning MN for a 0.265 acre site

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 on the west side of Bryan Street,

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 about 340 feet south of Scripture Street

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 here in the city of Denton.

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 Staff is recommending denial of this final plat,

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 as it does not comply with the criteria for approval.

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 This is the first extension of request

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 the staff has no objection to.

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 Remaining comments are fairly minor,

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 so we do believe that they'll be able to achieve those

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 within this extension review period.

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 We're here to answer any questions.

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 - Seeing none, thank you, Matt.

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 And finally, item 4G, also for Matt, FP25006.

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 - Yes.

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 All right, so this one is closely related to,

194
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 this one goes along with item 4F,

195
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 which is a subdivision variance request,

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 which I'll explain more when we go over that one.

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 But this is a final plat in the city of Denton's ETJ.

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 It's about a 9.64 acre site located on a private road

199
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 about 1,500 feet east of FM 2064, or North Locust Street,

200
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 and approximately 5,500 feet north of Loop 288.

201
00:10:17,340 --> 00:10:22,040
 Staff's recommendation depends on

202
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 how this plan zoning commission rules

203
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 based on that subdivision variance.

204
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 If the commission approves said variance,

205
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 staff recommends approval of this final plat.

206
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 If the commission decides to deny

207
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 said subdivision variance,

208
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 staff then recommends denial of the plat.

209
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 - Thanks, Matt.

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 I think we understand that.

211
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 Quick question, I know we'll get to the variance in a minute,

212
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 but I wanted to call this first,

213
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 because the language is a little bit different

214
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 from the denial in that,

215
00:11:01,360 --> 00:11:05,200
 it, I guess my question would be,

216
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 if the variance is denied,

217
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 then is there a length of reapplication

218
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 that would become troublesome for the applicant

219
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 based on the plat timing?

220
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 Because typically they'll repeal it

221
00:11:22,680 --> 00:11:27,480
 so that they can reapply before that time expires

222
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 of being able to submit a new plat application or something.

223
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 Am I confusing everybody?

224
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 I'm sorry.

225
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 - So if I understand correctly,

226
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 you are able to resubmit denied plat after a certain time.

227
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 I don't know that time off the top of my head.

228
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 It would be, and I still get this in the variance,

229
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 it would be difficult, I would say,

230
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 for them to reach approval if we did not approve it.

231
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 - Okay, so it may be a non-issue then.

232
00:12:03,400 --> 00:12:05,640
 Okay, so sorry for jumping ahead,

233
00:12:05,640 --> 00:12:10,640
 but now we can go to item F, four F, the variance.

234
00:12:10,640 --> 00:12:13,420
 Sorry, go ahead.

235
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 - While he's pulling that out,

236
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 so if the plat were denied,

237
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 the applicant does have the ability

238
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 to resubmit a plat application.

239
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 Plats are not like zoning

240
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 where we have a minimum time period

241
00:12:25,200 --> 00:12:27,840
 for resubmission of applications.

242
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 So if they're wanting to resubmit

243
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 and pay the application fee,

244
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 then we'll process the plat once again.

245
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 So I'll let Matt be able to do his presentation

246
00:12:38,240 --> 00:12:39,760
 on the variance and then,

247
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 depending upon how the discussion goes,

248
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 we can circle back on any plat questions if you have.

249
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 - Thank you.

250
00:12:45,480 --> 00:12:46,680
 No, I appreciate that.

251
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 It's hard to keep all the timelines in my head.

252
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 (laughing)

253
00:12:49,660 --> 00:12:51,760
 - Yes, lots of different timelines.

254
00:12:51,760 --> 00:12:54,320
 (laughing)

255
00:12:54,320 --> 00:12:57,360
 Yes, so this is a subdivision variance,

256
00:12:57,360 --> 00:12:59,200
 and since we have a few new commissioners

257
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 I wanted to just briefly talk about what that is.

258
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 So we try our best as staff to,

259
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 when working with applicants,

260
00:13:06,440 --> 00:13:09,520
 to get them to comply with their development standards.

261
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 And in a few cases, that's not possible,

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 so they seek a variance.

263
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 Most of these variances do go through

264
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 the Zoning Board of Adjustments,

265
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 but when an applicant wants to vary

266
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 from our subdivision standards,

267
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 such as lot planning or lot access,

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 it is this body, the Planning and Zoning Commission,

269
00:13:27,120 --> 00:13:30,480
 that reviews those variance requests.

270
00:13:30,480 --> 00:13:32,440
 There are certain criteria

271
00:13:32,440 --> 00:13:35,100
 that they would have to meet for approval,

272
00:13:35,100 --> 00:13:38,480
 and I'll get into, I'll go over each one specifically

273
00:13:38,480 --> 00:13:40,720
 and staff's assessment about those

274
00:13:40,720 --> 00:13:43,320
 in the overall presentation.

275
00:13:43,320 --> 00:13:45,200
 But to summarize right now,

276
00:13:45,200 --> 00:13:48,600
 as mentioned earlier, this is for a plat

277
00:13:48,600 --> 00:13:50,900
 in the city of Denton, ETJ1,

278
00:13:50,900 --> 00:13:52,860
 more on the north side of the city,

279
00:13:53,800 --> 00:13:58,800
 off of FM2164 and north of Loop 288.

280
00:13:58,800 --> 00:14:02,960
 The plat's purpose is to subdivide

281
00:14:02,960 --> 00:14:06,560
 that nine-acre track into three lots.

282
00:14:06,560 --> 00:14:09,080
 Their variance request is to allow

283
00:14:09,080 --> 00:14:11,120
 more than three residential lots

284
00:14:11,120 --> 00:14:14,080
 to use a private drive for access.

285
00:14:14,080 --> 00:14:17,900
 Current requirements limit only three residential lots.

286
00:14:17,900 --> 00:14:22,000
 Three single-family or town-owned residential lots

287
00:14:22,000 --> 00:14:25,840
 to use a private access for access to a public street.

288
00:14:25,840 --> 00:14:27,600
 So they are seeking a variance from that

289
00:14:27,600 --> 00:14:29,440
 to allow more than said three.

290
00:14:29,440 --> 00:14:32,840
 Staff is recommending, ultimately,

291
00:14:32,840 --> 00:14:34,080
 approval of this variance.

292
00:14:34,080 --> 00:14:36,440
 Some of the considerations that went

293
00:14:36,440 --> 00:14:41,000
 into that recommendation is that the existing,

294
00:14:41,000 --> 00:14:44,440
 the peculiar pattern of development

295
00:14:44,440 --> 00:14:46,840
 in this area has created a situation

296
00:14:46,840 --> 00:14:49,520
 in which there are more than three,

297
00:14:49,520 --> 00:14:52,760
 there's seven properties that take access,

298
00:14:52,760 --> 00:14:55,720
 exclusive access to a public street

299
00:14:55,720 --> 00:14:58,020
 via this existing access easement.

300
00:14:58,020 --> 00:15:02,960
 And that at least four of the,

301
00:15:02,960 --> 00:15:06,760
 at least five of these lots, including the lot in question,

302
00:15:06,760 --> 00:15:10,100
 have existing single-family residents on them.

303
00:15:10,100 --> 00:15:12,400
 And so it would be very difficult

304
00:15:12,400 --> 00:15:14,400
 and it would create a hardship on the owner

305
00:15:14,400 --> 00:15:19,280
 of this particular tract to subdivide,

306
00:15:19,280 --> 00:15:22,320
 to plot and then subsequently develop

307
00:15:22,320 --> 00:15:26,780
 in a manner that's compliant with our development code.

308
00:15:26,780 --> 00:15:30,680
 And these conditions have been in place

309
00:15:30,680 --> 00:15:35,680
 since prior to this, to our code restriction being in place.

310
00:15:35,680 --> 00:15:42,320
 I'll go a little more detail in the main presentation,

311
00:15:42,320 --> 00:15:44,280
 but if there's any questions or if you want me

312
00:15:44,280 --> 00:15:47,400
 to go over anything now, happy to do so.

313
00:15:50,160 --> 00:15:52,560
 - Commissioner Carrillo, Prado Korea.

314
00:15:52,560 --> 00:15:56,520
 - So can you just give me some background

315
00:15:56,520 --> 00:15:59,640
 as to why it was set like this,

316
00:15:59,640 --> 00:16:01,900
 that it would only be three or less?

317
00:16:01,900 --> 00:16:08,080
 - So in the DDC, let's see.

318
00:16:08,080 --> 00:16:12,240
 So this comes from sub-chapter eight,

319
00:16:12,240 --> 00:16:14,800
 which is about our subdivision regulations

320
00:16:14,800 --> 00:16:17,060
 is where that requirement is coming from,

321
00:16:18,000 --> 00:16:22,080
 which says, up to three single-family detached

322
00:16:22,080 --> 00:16:24,840
 dwelling units may access a public means

323
00:16:24,840 --> 00:16:29,480
 by use of a flag drive or within a private access easement.

324
00:16:29,480 --> 00:16:33,320
 And so those plotting or subdivision requirements

325
00:16:33,320 --> 00:16:37,280
 do apply in the ETJ and would thus apply to this plat.

326
00:16:37,280 --> 00:16:44,520
 Those were adopted with the current development code,

327
00:16:44,520 --> 00:16:46,420
 which was passed in 2019.

328
00:16:48,360 --> 00:16:52,720
 Which, and this particular track and these properties

329
00:16:52,720 --> 00:16:57,720
 and this area has developed with more than three lots

330
00:16:57,720 --> 00:17:03,280
 off of the single access drive prior to 2019.

331
00:17:03,280 --> 00:17:05,120
 Does that help answer your question?

332
00:17:05,120 --> 00:17:06,240
 - No, yeah, I understand that.

333
00:17:06,240 --> 00:17:08,120
 I was just wondering, like, is there,

334
00:17:08,120 --> 00:17:10,960
 I know you're saying that staff is pro-living

335
00:17:10,960 --> 00:17:14,280
 towards having this approved, the variance approved,

336
00:17:14,280 --> 00:17:18,080
 but my question was, why was it set to three?

337
00:17:18,080 --> 00:17:21,520
 Is there a downfall to it in the case of an emergency

338
00:17:21,520 --> 00:17:23,640
 for emergency vehicles?

339
00:17:23,640 --> 00:17:26,980
 Like what's the, why was it decided that three

340
00:17:26,980 --> 00:17:28,960
 would be the magic number in the first place?

341
00:17:28,960 --> 00:17:30,480
 - Gotcha, gotcha.

342
00:17:30,480 --> 00:17:32,600
 Yes, I think Tina will help answer.

343
00:17:32,600 --> 00:17:34,560
 - So that is a great question.

344
00:17:34,560 --> 00:17:36,920
 I think probably the only person who probably was here

345
00:17:36,920 --> 00:17:39,600
 when we adopted the code was Julie,

346
00:17:39,600 --> 00:17:41,360
 and I'm gonna look to you for a moment.

347
00:17:41,360 --> 00:17:44,000
 Did this provision exist in the 02 code?

348
00:17:44,000 --> 00:17:49,000
 Okay, so typically when we provide a limitation

349
00:17:49,000 --> 00:17:52,480
 like this with three, ideally it's probably the goal

350
00:17:52,480 --> 00:17:55,080
 at the time or when the codes were written

351
00:17:55,080 --> 00:17:59,260
 was to have some reasonable number of lots

352
00:17:59,260 --> 00:18:02,680
 that could take access off of the private street.

353
00:18:02,680 --> 00:18:05,400
 Sometimes codes don't even have this allowance for them.

354
00:18:05,400 --> 00:18:07,320
 It just assumes that everybody gets access

355
00:18:07,320 --> 00:18:08,800
 off of a public street.

356
00:18:08,800 --> 00:18:11,580
 So we have this allowance.

357
00:18:11,580 --> 00:18:14,800
 You know, we look for a reasonable means of access.

358
00:18:14,800 --> 00:18:17,400
 We have this variance provision to allow

359
00:18:17,400 --> 00:18:19,920
 for consideration of more than three

360
00:18:19,920 --> 00:18:24,000
 so that we can evaluate existing conditions.

361
00:18:24,000 --> 00:18:26,360
 Is there something unique associated with it?

362
00:18:26,360 --> 00:18:28,740
 In this case, there was multiple structures

363
00:18:28,740 --> 00:18:30,740
 that had already been built in existence

364
00:18:30,740 --> 00:18:32,520
 because it's out in the county

365
00:18:32,520 --> 00:18:34,360
 and we don't regulate land use out in the county.

366
00:18:34,360 --> 00:18:38,720
 So hence why we've got this variance process in place

367
00:18:38,720 --> 00:18:40,000
 to be able to take into consideration

368
00:18:40,000 --> 00:18:41,920
 those existing conditions to see whether or not

369
00:18:41,920 --> 00:18:43,960
 it warrants deviation from it.

370
00:18:43,960 --> 00:18:45,760
 We typically coordinate with the county

371
00:18:45,760 --> 00:18:49,660
 and I believe they're fire marshal on the review

372
00:18:49,660 --> 00:18:51,600
 to make sure that they have no issues with it

373
00:18:51,600 --> 00:18:53,880
 either since it is dealing with access to properties.

374
00:18:53,880 --> 00:18:58,880
 So probably, I don't know the full magic answer behind three

375
00:18:58,880 --> 00:19:01,280
 but I would suspect that those were the considerations

376
00:19:01,280 --> 00:19:06,040
 that were taken into, or that were, yeah,

377
00:19:06,040 --> 00:19:09,800
 taken into consideration when that provision was established.

378
00:19:09,800 --> 00:19:13,680
 - Okay, but being that it's 9.64 acres,

379
00:19:13,680 --> 00:19:16,960
 I mean, there's ample space that there's not a concern

380
00:19:16,960 --> 00:19:20,040
 if we were to allow for the variance then, right?

381
00:19:20,040 --> 00:19:21,760
 - Correct. - Okay.

382
00:19:21,760 --> 00:19:23,200
 - Yeah, if we had any concerns

383
00:19:23,200 --> 00:19:25,020
 regarding the variance being requested,

384
00:19:25,020 --> 00:19:26,680
 then our recommendation would be different.

385
00:19:26,680 --> 00:19:28,960
 - Okay, perfect, thank you.

386
00:19:28,960 --> 00:19:31,320
 - Yeah, and to confirm Tina's point,

387
00:19:31,320 --> 00:19:33,960
 we did reach out to Denton County staff regarding this

388
00:19:33,960 --> 00:19:37,040
 and their reviewer for fire safety

389
00:19:37,040 --> 00:19:40,880
 did not have any issues with the proposed plat

390
00:19:40,880 --> 00:19:42,720
 in this variance.

391
00:19:42,720 --> 00:19:43,560
 - Thank you.

392
00:19:43,560 --> 00:19:46,480
 - Commissioner Dive.

393
00:19:46,480 --> 00:19:50,040
 - Okay, so the plat shows that this nine acres

394
00:19:50,040 --> 00:19:51,960
 is gonna be divided into three,

395
00:19:51,960 --> 00:19:53,920
 almost three acre parcels.

396
00:19:53,920 --> 00:19:54,760
 - Correct. - Correct.

397
00:19:54,760 --> 00:19:57,280
 And you talked about there's preexisting buildings.

398
00:19:57,280 --> 00:19:59,720
 Are they homes or just?

399
00:19:59,720 --> 00:20:02,440
 - Yes, yeah, so they are.

400
00:20:04,440 --> 00:20:09,080
 - And are they located one on each lot, proposed lot,

401
00:20:09,080 --> 00:20:11,680
 or are they all located on one of the lots?

402
00:20:11,680 --> 00:20:14,080
 Is she wanting to build on the others?

403
00:20:14,080 --> 00:20:18,360
 - So the applicant, she did provide this graphic for us

404
00:20:18,360 --> 00:20:20,120
 that kind of illustrates her point.

405
00:20:20,120 --> 00:20:25,440
 In blue is showing their proposed lot boundaries

406
00:20:25,440 --> 00:20:28,120
 over a Google satellite image.

407
00:20:28,120 --> 00:20:31,940
 And so the main structures,

408
00:20:31,940 --> 00:20:34,920
 there's a house here on lot three,

409
00:20:34,920 --> 00:20:36,200
 a house here on lot two,

410
00:20:36,200 --> 00:20:41,020
 and then they're proposing to move this residential house

411
00:20:41,020 --> 00:20:46,020
 onto lot one, as it would right now across the lot boundary

412
00:20:46,020 --> 00:20:48,360
 that's on them.

413
00:20:48,360 --> 00:20:51,900
 That is what they're proposing to do.

414
00:20:51,900 --> 00:20:56,120
 - Is this affecting, I mean, I know that there's one

415
00:20:56,120 --> 00:20:58,360
 named person, but is this like a family,

416
00:20:58,360 --> 00:20:59,680
 like a generational family

417
00:20:59,680 --> 00:21:02,400
 where they're all on the same property?

418
00:21:02,400 --> 00:21:05,560
 - She did not specify that.

419
00:21:05,560 --> 00:21:08,640
 All that was said regarding that is that these are,

420
00:21:08,640 --> 00:21:10,560
 I guess, single family residences.

421
00:21:10,560 --> 00:21:13,280
 - That would be a question that you could ask

422
00:21:13,280 --> 00:21:16,280
 of the applicant, if you wish.

423
00:21:16,280 --> 00:21:20,360
 Just remember also, since the property is out in the county,

424
00:21:20,360 --> 00:21:22,080
 we cannot regulate land use.

425
00:21:22,080 --> 00:21:24,400
 So if even she was wanting to,

426
00:21:24,400 --> 00:21:25,820
 or if the property owner was wanting to use it

427
00:21:25,820 --> 00:21:27,080
 for different purposes,

428
00:21:28,240 --> 00:21:30,920
 our review is limited to the proposed land subdivision,

429
00:21:30,920 --> 00:21:33,280
 making sure it has appropriate access,

430
00:21:33,280 --> 00:21:36,360
 and then also extension of service for utilities.

431
00:21:36,360 --> 00:21:37,900
 - Okay, thank you.

432
00:21:37,900 --> 00:21:43,460
 - I just have one quick one.

433
00:21:43,460 --> 00:21:47,480
 You mentioned that the county fire marshal reviewed.

434
00:21:47,480 --> 00:21:52,920
 Is this area serviced by the county or serviced by the city?

435
00:21:52,920 --> 00:21:57,560
 Or is it just sort of whoever can respond sooner

436
00:21:57,560 --> 00:21:59,440
 when the call comes in?

437
00:21:59,440 --> 00:22:00,680
 - I'll let Tina.

438
00:22:00,680 --> 00:22:03,360
 - So great questions.

439
00:22:03,360 --> 00:22:04,920
 So typically, it's my understanding

440
00:22:04,920 --> 00:22:07,640
 the county fire marshal's office would determine

441
00:22:07,640 --> 00:22:09,320
 which agency would report.

442
00:22:09,320 --> 00:22:14,320
 So if they have the ability to service this area

443
00:22:14,320 --> 00:22:17,440
 and be first responders, then they would do so.

444
00:22:17,440 --> 00:22:20,760
 Otherwise, they can assign it to other municipalities

445
00:22:20,760 --> 00:22:22,440
 to be part of the response team.

446
00:22:24,520 --> 00:22:29,320
 It's my understanding in working with our fire chief,

447
00:22:29,320 --> 00:22:32,000
 as well as others, it's all about many times,

448
00:22:32,000 --> 00:22:36,720
 it's about when people are in an emergency need

449
00:22:36,720 --> 00:22:40,940
 and responses needed, whoever's available

450
00:22:40,940 --> 00:22:42,960
 is the one that is responding.

451
00:22:42,960 --> 00:22:46,320
 So we do typically have interlocal agreements in place

452
00:22:46,320 --> 00:22:48,560
 with other communities for response in areas

453
00:22:48,560 --> 00:22:51,000
 that we cannot serve or where we would be delayed

454
00:22:51,000 --> 00:22:52,480
 in getting service to.

455
00:22:52,480 --> 00:22:54,440
 But ultimately, the way I understand it,

456
00:22:54,440 --> 00:22:56,800
 it's the fire marshal's office at the county

457
00:22:56,800 --> 00:23:00,560
 who would be the responding entity.

458
00:23:00,560 --> 00:23:02,780
 - Okay, thank you.

459
00:23:02,780 --> 00:23:05,300
 Any other questions?

460
00:23:05,300 --> 00:23:10,000
 Seeing none, we'll look forward to it at the public hearing.

461
00:23:10,000 --> 00:23:12,880
 I guess also, are there any other questions

462
00:23:12,880 --> 00:23:16,960
 from a procedural perspective, given the application

463
00:23:16,960 --> 00:23:19,600
 that comes after this individual consideration item?

464
00:23:19,600 --> 00:23:23,280
 Okay.

465
00:23:23,280 --> 00:23:24,680
 All right, thank you, Matt.

466
00:23:24,680 --> 00:23:34,280
 That brings us to our public hearings.

467
00:23:34,280 --> 00:23:39,280
 Item 5A is being withdrawn and will be re-noticed,

468
00:23:39,280 --> 00:23:44,480
 so we will not take action on that item.

469
00:23:44,480 --> 00:23:49,480
 Item B is S240006.

470
00:23:49,480 --> 00:23:52,360
 Good afternoon, Erin.

471
00:23:52,360 --> 00:23:53,400
 - Good afternoon.

472
00:23:53,400 --> 00:24:03,440
 So this is a specific use permit

473
00:24:03,440 --> 00:24:05,480
 for national equipment dealers,

474
00:24:05,480 --> 00:24:07,200
 and I'll just give a brief summary here,

475
00:24:07,200 --> 00:24:09,680
 and I'll have a longer presentation in the main session,

476
00:24:09,680 --> 00:24:11,720
 but I'll be happy to answer any questions.

477
00:24:11,720 --> 00:24:13,960
 This is a request for a specific use permit

478
00:24:13,960 --> 00:24:16,320
 for equipment sales and rental use

479
00:24:16,320 --> 00:24:18,360
 to facilitate a national equipment dealer's

480
00:24:18,360 --> 00:24:19,800
 commercial business.

481
00:24:19,800 --> 00:24:23,280
 This is an approximately 4.25-acre site

482
00:24:23,280 --> 00:24:27,120
 just west of North I-35 and east of the terminus

483
00:24:27,120 --> 00:24:29,160
 of Jim Crystal Road.

484
00:24:29,160 --> 00:24:32,400
 You can see here, this is Jim Crystal,

485
00:24:32,400 --> 00:24:36,240
 and it used to cut through, the road didn't cut through,

486
00:24:36,240 --> 00:24:38,760
 but it was proposed to cut through.

487
00:24:38,760 --> 00:24:41,480
 This was abandoned in the year 2000,

488
00:24:41,480 --> 00:24:45,360
 and so the existing, what looks like a road cutting

489
00:24:45,360 --> 00:24:48,960
 through the property is actually just utility easement today,

490
00:24:48,960 --> 00:24:52,720
 and so staff is recommending approval of this request,

491
00:24:52,720 --> 00:24:54,440
 it complies with all of our criteria,

492
00:24:54,440 --> 00:24:56,600
 and I'll be happy to answer any questions.

493
00:24:56,600 --> 00:25:01,600
 - Any questions?

494
00:25:01,600 --> 00:25:06,640
 Seeing none, thank you, Erin.

495
00:25:06,640 --> 00:25:15,320
 And then I'll let Bryce say a couple things

496
00:25:15,320 --> 00:25:20,320
 for item 5C for this application.

497
00:25:20,320 --> 00:25:23,160
 - Good evening, Commission,

498
00:25:23,160 --> 00:25:25,040
 Bryce Van Arsdale, Assistant Planner.

499
00:25:25,040 --> 00:25:29,800
 So with item 5C tonight, it was commercial animal services,

500
00:25:29,800 --> 00:25:34,800
 it's a DCA 2411, I'm happy to pull up the presentation.

501
00:25:34,800 --> 00:25:38,840
 We are asking that this item is withdrawn

502
00:25:38,840 --> 00:25:41,400
 from the agenda tonight, as there was a business

503
00:25:41,400 --> 00:25:44,920
 that has since moved, since our notices were sent out,

504
00:25:44,920 --> 00:25:47,040
 and this change was not caught with the addressing,

505
00:25:47,040 --> 00:25:49,040
 thank you, Chair Pruitt.

506
00:25:49,040 --> 00:25:52,520
 So we will be noticing this address and this property

507
00:25:52,520 --> 00:25:55,240
 for an additional hearing in the future.

508
00:25:55,240 --> 00:25:56,800
 So for that reason, we're asking that tonight,

509
00:25:56,800 --> 00:25:58,800
 this item is withdrawn from the agenda.

510
00:25:58,800 --> 00:26:02,760
 - Any questions, sir?

511
00:26:02,760 --> 00:26:05,480
 Okay, thank you, Bryce.

512
00:26:05,480 --> 00:26:06,320
 - Thank you.

513
00:26:10,640 --> 00:26:15,640
 And with that, at 529 p.m.,

514
00:26:15,640 --> 00:26:18,640
 I will bring our, without objection,

515
00:26:18,640 --> 00:26:20,600
 I will bring our work session to a close.

516
00:26:20,600 --> 00:26:26,080
 Thank you, we'll see you at 630 in the main auditorium.

517
00:26:26,080 --> 00:26:35,920
 - Good evening, at 630 p.m. on Wednesday, March 19th,

518
00:26:35,920 --> 00:26:39,320
 I will call this regular meeting

519
00:26:39,320 --> 00:26:42,200
 of the Denton Planning and Zoning Commission to order.

520
00:26:42,200 --> 00:26:44,840
 Our first order of business is the Pledge of Allegiance

521
00:26:44,840 --> 00:26:46,880
 to the U.S. and Texas flag.

522
00:26:46,880 --> 00:26:53,080
 - I pledge allegiance to the flag

523
00:26:53,080 --> 00:26:55,360
 of the United States of America

524
00:26:55,360 --> 00:26:58,320
 and to the republic for which it stands,

525
00:26:58,320 --> 00:27:01,880
 one nation, under God, indivisible,

526
00:27:01,880 --> 00:27:04,080
 with liberty and justice for all.

527
00:27:07,200 --> 00:27:12,200
 - Under the Texas flag, I pledge allegiance to the Texas,

528
00:27:12,200 --> 00:27:16,120
 one state, under God, one, and indivisible.

529
00:27:16,120 --> 00:27:27,600
 - Our next item is item 2A, PZ25005,

530
00:27:27,600 --> 00:27:30,520
 consider approval of the February 26th

531
00:27:30,520 --> 00:27:32,960
 planning and zoning meeting minutes.

532
00:27:32,960 --> 00:27:34,040
 Commissioner Villarreal.

533
00:27:34,040 --> 00:27:35,440
 - Move approval.

534
00:27:35,440 --> 00:27:37,920
 - Commissioner Prodokorio.

535
00:27:37,920 --> 00:27:38,760
 - Second.

536
00:27:38,760 --> 00:27:43,640
 - Any questions with that, we'll vote on the board.

537
00:27:43,640 --> 00:27:51,720
 That item passes 4-0.

538
00:27:51,720 --> 00:27:53,840
 That brings us to our consent agenda.

539
00:27:53,840 --> 00:27:58,720
 Commissioner Villarreal.

540
00:27:58,720 --> 00:27:59,560
 - Move approval.

541
00:27:59,560 --> 00:28:03,080
 - Commissioner Prodokorio.

542
00:28:03,080 --> 00:28:05,120
 - I second.

543
00:28:06,160 --> 00:28:08,840
 - Any discussion or questions?

544
00:28:08,840 --> 00:28:11,360
 With that, I will call for a vote on the board.

545
00:28:11,360 --> 00:28:18,480
 That item passes 4-0.

546
00:28:18,480 --> 00:28:22,840
 That brings us to our items for individual consideration.

547
00:28:22,840 --> 00:28:27,000
 Item 4A, FP250013.

548
00:28:27,000 --> 00:28:30,080
 - Good evening, commissioners.

549
00:28:30,080 --> 00:28:31,920
 Cameron Robertson, principal planner.

550
00:28:36,160 --> 00:28:37,200
 - There we go.

551
00:28:37,200 --> 00:28:40,640
 This is for a final plot for the landmark edition.

552
00:28:40,640 --> 00:28:43,680
 It's approximately 20 acres located on the northwest corner

553
00:28:43,680 --> 00:28:46,960
 of Robeson Ranch Road and I-35 West.

554
00:28:46,960 --> 00:28:49,520
 Staff is currently recommending denial,

555
00:28:49,520 --> 00:28:52,560
 but staff has no objection to a first extension request

556
00:28:52,560 --> 00:28:53,960
 of April 9th.

557
00:28:53,960 --> 00:28:55,520
 I can stand for any questions.

558
00:28:55,520 --> 00:28:59,160
 - Any questions?

559
00:28:59,160 --> 00:29:04,640
 Seeing none, we have a motion.

560
00:29:05,920 --> 00:29:08,720
 Or, commissioner Dyer.

561
00:29:08,720 --> 00:29:11,920
 - I make a motion that we approve the extension.

562
00:29:11,920 --> 00:29:19,400
 - Can you say to a date certain?

563
00:29:19,400 --> 00:29:20,960
 That's fine. - Oh, to the April 9th.

564
00:29:20,960 --> 00:29:21,800
 - Yes.

565
00:29:21,800 --> 00:29:24,720
 And commissioner Prodokorio.

566
00:29:24,720 --> 00:29:27,320
 - I second that.

567
00:29:27,320 --> 00:29:28,160
 - Thank you.

568
00:29:28,160 --> 00:29:31,280
 And I call for a vote on the board.

569
00:29:36,440 --> 00:29:40,920
 - That item passes 3-1.

570
00:29:40,920 --> 00:29:47,240
 The next item is 4B, FP250007.

571
00:29:47,240 --> 00:29:57,960
 - Good evening, chair, members of the commission.

572
00:29:57,960 --> 00:30:00,040
 Angie Manglaris, development review manager,

573
00:30:00,040 --> 00:30:03,120
 here to present FP250007.

574
00:30:03,120 --> 00:30:06,560
 This is a final plot for Elms Bend Multifamily.

575
00:30:06,560 --> 00:30:09,200
 It is situated at the northeast corner of Audre Lane

576
00:30:09,200 --> 00:30:11,600
 and Nottingham Drive at this time.

577
00:30:11,600 --> 00:30:13,040
 There's still some comments to be worked out

578
00:30:13,040 --> 00:30:15,360
 and staff is recommending denial of this final plot.

579
00:30:15,360 --> 00:30:18,280
 However, staff has no objection to the extension request

580
00:30:18,280 --> 00:30:19,840
 to a date certain of April 9th.

581
00:30:19,840 --> 00:30:22,200
 Happy to answer any questions you all may have.

582
00:30:22,200 --> 00:30:28,000
 - Any questions or a motion?

583
00:30:28,000 --> 00:30:32,240
 Commissioner Prodokorio.

584
00:30:34,080 --> 00:30:38,480
 - I move that we approve the extension to April 9th.

585
00:30:38,480 --> 00:30:43,160
 - And commissioner Dyer.

586
00:30:43,160 --> 00:30:46,760
 There's a second.

587
00:30:46,760 --> 00:30:50,440
 And I will call for a vote on the board.

588
00:30:50,440 --> 00:30:59,040
 And that item passes 3-1.

589
00:31:00,520 --> 00:31:04,920
 Next item is item 4C, FP250009.

590
00:31:04,920 --> 00:31:08,320
 - Good evening, Aaron Stanley, assistant planner.

591
00:31:08,320 --> 00:31:13,560
 This is FP250009.

592
00:31:13,560 --> 00:31:18,280
 This is the Hilltop Village addition located in the ETJ,

593
00:31:18,280 --> 00:31:20,360
 just east of Hilltop Road.

594
00:31:20,360 --> 00:31:22,640
 At this time, they have a few more comments to work out

595
00:31:22,640 --> 00:31:24,080
 and staff is recommending denial,

596
00:31:24,080 --> 00:31:27,240
 but we have no objection to their requested extension

597
00:31:27,240 --> 00:31:28,080
 to April 9th.

598
00:31:30,120 --> 00:31:31,000
 - Thank you, Aaron.

599
00:31:31,000 --> 00:31:33,080
 Any questions or a motion?

600
00:31:33,080 --> 00:31:38,160
 Commissioner Prodokorio.

601
00:31:38,160 --> 00:31:42,040
 - So I approve that we accept the extension to April 9th.

602
00:31:42,040 --> 00:31:45,240
 - And commissioner Dyer.

603
00:31:45,240 --> 00:31:46,840
 - I'll go ahead and second that.

604
00:31:46,840 --> 00:31:51,280
 - Seeing no questions, I'll call for a vote on the board.

605
00:31:58,680 --> 00:32:01,720
 And that item passes 3-1.

606
00:32:01,720 --> 00:32:04,720
 That brings us to item 4D.

607
00:32:04,720 --> 00:32:08,880
 Julie.

608
00:32:08,880 --> 00:32:11,440
 - Good evening, Julie Wyatt, principal planner.

609
00:32:11,440 --> 00:32:13,680
 This is a final plat for villages on McKinney.

610
00:32:13,680 --> 00:32:15,400
 It's about a 12 acre site

611
00:32:15,400 --> 00:32:17,680
 located on the north side of McKinney.

612
00:32:17,680 --> 00:32:22,680
 The purpose of the final plat is to create 113

613
00:32:22,680 --> 00:32:25,880
 zero lot line residential lots.

614
00:32:25,880 --> 00:32:27,880
 They do have some items they do need to work out

615
00:32:27,880 --> 00:32:30,240
 in order to meet the criteria for approval.

616
00:32:30,240 --> 00:32:33,240
 However, staff is, so we are recommending denial.

617
00:32:33,240 --> 00:32:37,520
 However, staff has no objection

618
00:32:37,520 --> 00:32:41,200
 to the proposed extension to the April 9th P&Z.

619
00:32:41,200 --> 00:32:43,320
 And I'll be happy to answer any questions.

620
00:32:43,320 --> 00:32:47,000
 - I have a question.

621
00:32:47,000 --> 00:32:48,280
 - Commissioner Dyer.

622
00:32:48,280 --> 00:32:52,880
 - If we vote not to extend the request to April 9th,

623
00:32:52,880 --> 00:32:55,320
 like what happens to this process?

624
00:32:57,080 --> 00:33:00,000
 - So there are kind of three options

625
00:33:00,000 --> 00:33:02,960
 to approve the extension, to deny the plat,

626
00:33:02,960 --> 00:33:04,920
 or to approve the plat.

627
00:33:04,920 --> 00:33:09,920
 So as far as options other than.

628
00:33:09,920 --> 00:33:12,320
 - I mean, if you were to deny the plat,

629
00:33:12,320 --> 00:33:15,840
 then it's denied and the applicant would have to resubmit.

630
00:33:15,840 --> 00:33:17,480
 If you're going to make a motion for denial,

631
00:33:17,480 --> 00:33:20,400
 you need to cite the reasons as such.

632
00:33:20,400 --> 00:33:21,600
 Since it is a plat, you know,

633
00:33:21,600 --> 00:33:23,360
 as we discussed in the work session,

634
00:33:23,360 --> 00:33:25,400
 the state statute does provide opportunities

635
00:33:25,400 --> 00:33:27,680
 for the extension and we try to work with applicants

636
00:33:27,680 --> 00:33:30,560
 to get their engineering plans to an approval state,

637
00:33:30,560 --> 00:33:32,280
 which has an impact on the plat as well.

638
00:33:32,280 --> 00:33:36,520
 So, but again, if you're going to make a motion for denial

639
00:33:36,520 --> 00:33:38,080
 on it, I would ask for you to cite the reasons

640
00:33:38,080 --> 00:33:42,360
 why the plat's not being made a motion for,

641
00:33:42,360 --> 00:33:46,640
 or make sure you cite the provisions within the code

642
00:33:46,640 --> 00:33:48,520
 as for the motion for denial.

643
00:33:48,520 --> 00:33:51,360
 - Sure.

644
00:33:51,360 --> 00:33:53,960
 And just a little reminder, as Tina said,

645
00:33:53,960 --> 00:33:58,960
 that specifically for plat, the reason for voting against

646
00:33:58,960 --> 00:34:03,240
 needs to be related to one of the subdivision regulations

647
00:34:03,240 --> 00:34:04,560
 that was not met.

648
00:34:04,560 --> 00:34:06,600
 There's less discretion with plat

649
00:34:06,600 --> 00:34:10,640
 than there are with zoning entitlement decisions.

650
00:34:10,640 --> 00:34:17,120
 - And just a question for legal.

651
00:34:20,440 --> 00:34:24,600
 Our procedures provide for essentially,

652
00:34:24,600 --> 00:34:29,600
 in a case of a tie vote, the item is considered again

653
00:34:29,600 --> 00:34:33,760
 at the next meeting.

654
00:34:33,760 --> 00:34:38,160
 How does that interact with the shot clock request?

655
00:34:38,160 --> 00:34:39,640
 - That's a great question.

656
00:34:39,640 --> 00:34:41,360
 Tina looks like she might have an answer.

657
00:34:41,360 --> 00:34:43,320
 I'm gonna verify something real quick.

658
00:34:43,320 --> 00:34:45,000
 - I was gonna say, if you could please verify,

659
00:34:45,000 --> 00:34:49,360
 but with the result of the, if a plat had a tie vote,

660
00:34:49,360 --> 00:34:54,360
 then I believe it by default then is considered not approved.

661
00:34:54,360 --> 00:34:55,880
 So then it's denied.

662
00:34:55,880 --> 00:34:59,080
 I would caution us on that for the reasons

663
00:34:59,080 --> 00:35:01,000
 that Hillary had just cited,

664
00:35:01,000 --> 00:35:03,240
 particularly with respect to, you know, again,

665
00:35:03,240 --> 00:35:04,560
 we're trying to get these,

666
00:35:04,560 --> 00:35:08,400
 we have less subjective abilities with regarding plat,

667
00:35:08,400 --> 00:35:10,080
 like you do on zoning, for example.

668
00:35:10,080 --> 00:35:14,800
 So the plat, you know, it either meets all the requirements

669
00:35:14,800 --> 00:35:15,680
 or it doesn't.

670
00:35:15,680 --> 00:35:17,240
 Again, we try to work with the applicants

671
00:35:17,240 --> 00:35:20,400
 to get their plat along with their civil engineering plans

672
00:35:20,400 --> 00:35:24,240
 in a position of approval-ness.

673
00:35:24,240 --> 00:35:25,280
 I think I said earlier, you know,

674
00:35:25,280 --> 00:35:27,400
 quality engineering can't happen in 60 days.

675
00:35:27,400 --> 00:35:29,200
 My apologies, I should have said 30 days

676
00:35:29,200 --> 00:35:31,520
 because the 30 day provision is what's provided

677
00:35:31,520 --> 00:35:32,960
 for in the state statute.

678
00:35:32,960 --> 00:35:35,360
 But we wanna make sure our projects are designed properly

679
00:35:35,360 --> 00:35:36,560
 in accordance with our standards.

680
00:35:36,560 --> 00:35:39,560
 So hence why staff typically supports the extension request.

681
00:35:39,560 --> 00:35:44,600
 - Any other questions?

682
00:35:44,600 --> 00:35:46,320
 No?

683
00:35:46,320 --> 00:35:47,360
 Okay.

684
00:35:47,360 --> 00:35:48,200
 Commissioner Dyer.

685
00:35:48,200 --> 00:35:51,680
 - I would like to make a motion to go ahead

686
00:35:51,680 --> 00:35:53,600
 and extend to the April 9th meeting.

687
00:35:53,600 --> 00:35:54,440
 - Okay.

688
00:35:54,440 --> 00:35:56,200
 Commissioner Prover-Carrillo.

689
00:35:56,200 --> 00:35:57,560
 - I'll second that motion.

690
00:35:57,560 --> 00:36:00,120
 - Seeing no other questions,

691
00:36:00,120 --> 00:36:02,280
 I'll call for a vote on the board.

692
00:36:02,280 --> 00:36:08,720
 And that item passes three, one.

693
00:36:08,720 --> 00:36:15,960
 That brings us to item four E,

694
00:36:15,960 --> 00:36:18,360
 FP250008.

695
00:36:18,360 --> 00:36:28,040
 - Good evening, Commissioner Matt Bodine,

696
00:36:28,040 --> 00:36:28,960
 Assistant Planner.

697
00:36:28,960 --> 00:36:33,960
 Here to present a final plat for a .265 acre site

698
00:36:33,960 --> 00:36:39,360
 on Bryan Street, about 340 feet south of Scripture Street

699
00:36:39,360 --> 00:36:41,280
 in the city of Denton.

700
00:36:41,280 --> 00:36:44,640
 At this time, this plat does not meet the criteria

701
00:36:44,640 --> 00:36:47,200
 for approvals, so we cannot recommend approval.

702
00:36:47,200 --> 00:36:50,360
 But we have no objection to the request extension

703
00:36:50,360 --> 00:36:51,960
 to a date certain of April 9th.

704
00:36:51,960 --> 00:36:55,800
 - Thank you, Matt.

705
00:36:55,800 --> 00:36:58,680
 Any questions or a motion?

706
00:36:58,680 --> 00:37:00,240
 Commissioner Prover-Carrillo.

707
00:37:00,240 --> 00:37:04,200
 - I motion that we approve the extension until April 9th.

708
00:37:04,200 --> 00:37:05,080
 - Commissioner Dyer.

709
00:37:05,080 --> 00:37:07,040
 - I will second that.

710
00:37:07,040 --> 00:37:08,640
 - And seeing no other questions,

711
00:37:08,640 --> 00:37:10,400
 I'll call for a vote on the board.

712
00:37:15,480 --> 00:37:19,360
 And that item passes three, one.

713
00:37:19,360 --> 00:37:24,360
 That brings us to item four FV2500029.

714
00:37:24,360 --> 00:37:36,560
 - Matt Bodine, Assistant Planner.

715
00:37:36,560 --> 00:37:39,360
 Here to present a subdivision variance

716
00:37:39,360 --> 00:37:44,360
 for a final plat FB250006.

717
00:37:44,680 --> 00:37:46,760
 Which is on today's meeting agenda.

718
00:37:46,760 --> 00:37:50,240
 So just a reminder.

719
00:37:50,240 --> 00:37:54,520
 This plat is located in the ETJ1 of the city of Denton.

720
00:37:54,520 --> 00:37:58,480
 So in the county, in an area where we have

721
00:37:58,480 --> 00:38:01,360
 planning authority, but any sort of zoning

722
00:38:01,360 --> 00:38:05,000
 and building permitting is through the county.

723
00:38:05,000 --> 00:38:10,000
 It's about 5500 feet north of loop 288 on a private road.

724
00:38:10,000 --> 00:38:14,040
 The tract itself is about nine acre tract.

725
00:38:14,040 --> 00:38:15,840
 With access to a public street

726
00:38:15,840 --> 00:38:19,320
 through an existing private access easement.

727
00:38:19,320 --> 00:38:22,560
 With existing single family residents on it.

728
00:38:22,560 --> 00:38:26,300
 And the plat is proposing to subdivide into three lots.

729
00:38:26,300 --> 00:38:31,060
 They are requesting a variance from our lot planning

730
00:38:31,060 --> 00:38:33,560
 subdivision regulations.

731
00:38:33,560 --> 00:38:36,600
 Specifically to allow more than three residential lots

732
00:38:36,600 --> 00:38:38,520
 to access a public street by means

733
00:38:38,520 --> 00:38:40,440
 of a private access easement.

734
00:38:41,600 --> 00:38:44,680
 In the consideration, staff found it to be true

735
00:38:44,680 --> 00:38:47,360
 that granting this variance would not be detrimental

736
00:38:47,360 --> 00:38:51,000
 to the public safety, health or welfare.

737
00:38:51,000 --> 00:38:53,560
 Nor would it be injurious to other property owners.

738
00:38:53,560 --> 00:38:59,080
 Due to Denton County Fire Marshal having no issues

739
00:38:59,080 --> 00:39:01,840
 and there being no expected increase in traffic.

740
00:39:01,840 --> 00:39:06,960
 Regarding the consideration of the physical surroundings

741
00:39:06,960 --> 00:39:09,560
 or conditions of the specific property.

742
00:39:09,560 --> 00:39:13,280
 Staff did find that the peculiar pattern of development

743
00:39:13,280 --> 00:39:15,720
 in this area creates a hardship.

744
00:39:15,720 --> 00:39:18,920
 There are already over, there are seven properties

745
00:39:18,920 --> 00:39:21,620
 that take access from this private easement.

746
00:39:21,620 --> 00:39:25,280
 At least five of them have known residential buildings

747
00:39:25,280 --> 00:39:28,320
 on them and would be considered residential lots.

748
00:39:28,320 --> 00:39:30,920
 And so whether the property decide to apply as one,

749
00:39:30,920 --> 00:39:34,840
 three or 10, it would require a variance before you

750
00:39:34,840 --> 00:39:37,720
 based on the requirement they're seeking a variance from.

751
00:39:37,720 --> 00:39:41,640
 In any attempt to create a flag drive would be difficult.

752
00:39:41,640 --> 00:39:44,360
 And that flag drive length would again require

753
00:39:44,360 --> 00:39:45,720
 a variance from this body.

754
00:39:45,720 --> 00:39:50,280
 So any way you go about it, a variance would be needed

755
00:39:50,280 --> 00:39:53,440
 in order for this person to plot

756
00:39:53,440 --> 00:39:55,920
 and then subsequently develop on this lot.

757
00:39:55,920 --> 00:40:02,840
 This variance request is not expected to vary

758
00:40:02,840 --> 00:40:06,600
 the provisions of Denton's codes or plans.

759
00:40:06,600 --> 00:40:09,720
 It meets all the subdivision requirements

760
00:40:09,720 --> 00:40:12,620
 except for the requested variance.

761
00:40:12,620 --> 00:40:17,120
 There is also a future right away easement on the property

762
00:40:17,120 --> 00:40:21,440
 to preserve a corridor for a future primary material

763
00:40:21,440 --> 00:40:23,860
 as identified in the mobility plan.

764
00:40:23,860 --> 00:40:29,920
 Finally, these conditions that lead to this request

765
00:40:29,920 --> 00:40:34,920
 and hardship have an existence prior to the code requirements.

766
00:40:35,920 --> 00:40:37,720
 It's been recorded with Denton County

767
00:40:37,720 --> 00:40:40,240
 this particular lot configuration

768
00:40:40,240 --> 00:40:44,800
 that is out of compliance since at least 1987,

769
00:40:44,800 --> 00:40:48,160
 well before our requirement for a maximum three lots

770
00:40:48,160 --> 00:40:53,160
 was in place and hence not the action of the owner

771
00:40:53,160 --> 00:40:54,900
 of this piece of land.

772
00:40:54,900 --> 00:41:01,240
 With these considerations in mind staff does recommend

773
00:41:01,240 --> 00:41:03,720
 approval of this subdivision variance requests

774
00:41:03,720 --> 00:41:06,480
 as it complains with the criteria for approval

775
00:41:06,480 --> 00:41:08,720
 in the Denton development code.

776
00:41:08,720 --> 00:41:12,040
 At this time, I'm willing to take any questions.

777
00:41:12,040 --> 00:41:21,120
 - Any questions or motion?

778
00:41:21,120 --> 00:41:25,840
 Commissioner Prado-Carrillo.

779
00:41:25,840 --> 00:41:31,200
 - Okay, I move that we approve

780
00:41:31,200 --> 00:41:33,120
 the subdivision variance request.

781
00:41:34,640 --> 00:41:39,080
 - Okay, and Commissioner Dyer.

782
00:41:39,080 --> 00:41:40,120
 - I will second that.

783
00:41:40,120 --> 00:41:43,720
 - Any discussion or questions?

784
00:41:43,720 --> 00:41:47,360
 Seeing none, I'll call for a vote on the board.

785
00:41:47,360 --> 00:41:54,500
 That item passes three one.

786
00:41:54,500 --> 00:42:00,400
 That brings us to item four G, FP25-0006.

787
00:42:04,560 --> 00:42:09,560
 - Okay, let's see, there we go.

788
00:42:09,560 --> 00:42:14,960
 Matt Bodean here presents a final plat

789
00:42:14,960 --> 00:42:20,040
 for the piece of property that was under question

790
00:42:20,040 --> 00:42:22,280
 regarding the variance that was just approved.

791
00:42:22,280 --> 00:42:26,280
 This piece of property is an EGJ.

792
00:42:26,280 --> 00:42:29,520
 Since planning zoning commission

793
00:42:29,520 --> 00:42:32,520
 approved the subdivision variance request

794
00:42:32,520 --> 00:42:33,880
 associated with this final plat,

795
00:42:33,880 --> 00:42:37,200
 staff is recommending approval of said final plat.

796
00:42:37,200 --> 00:42:42,080
 - Commissioner Villarreal.

797
00:42:42,080 --> 00:42:42,920
 - Move approval.

798
00:42:42,920 --> 00:42:48,920
 - Commissioner Prado-Carrillo.

799
00:42:48,920 --> 00:42:50,320
 - I second.

800
00:42:50,320 --> 00:42:52,420
 - Any discussion or questions?

801
00:42:52,420 --> 00:42:56,440
 Seeing none, I'll call for a vote on the board.

802
00:43:01,620 --> 00:43:03,240
 That item passes four zero.

803
00:43:03,240 --> 00:43:08,720
 That brings us to our public hearings.

804
00:43:08,720 --> 00:43:13,720
 The first item, five A, is requested to be withdrawn.

805
00:43:13,720 --> 00:43:17,880
 It'll be re-noticed for a future meeting.

806
00:43:17,880 --> 00:43:23,920
 That brings us to item five B, S24-0006.

807
00:43:30,520 --> 00:43:35,520
 - Good evening, this is a specific use permit request

808
00:43:35,520 --> 00:43:37,280
 for national equipment dealers,

809
00:43:37,280 --> 00:43:38,880
 Aaron Stanley, assistant planner.

810
00:43:38,880 --> 00:43:43,360
 This is a request for an equipment sales and rental use

811
00:43:43,360 --> 00:43:46,160
 to allow the development of a national equipment dealers

812
00:43:46,160 --> 00:43:47,860
 commercial business.

813
00:43:47,860 --> 00:43:51,560
 This business will facilitate the sale of construction

814
00:43:51,560 --> 00:43:54,400
 and agriculture equipment such as earth moving

815
00:43:54,400 --> 00:43:58,240
 carrier equipment, excavators, bulldozers, dump trucks,

816
00:43:58,240 --> 00:44:00,820
 compactors, pavers, things like that.

817
00:44:00,820 --> 00:44:04,760
 And this site is generally located west of I-35

818
00:44:04,760 --> 00:44:08,440
 and east of the terminus of Jim Crystal Road,

819
00:44:08,440 --> 00:44:11,560
 right where the portion of Jim Crystal was abandoned

820
00:44:11,560 --> 00:44:16,160
 in the year 2000 and a utility easement lies today.

821
00:44:16,160 --> 00:44:19,080
 The subject site is zoned light industrial today

822
00:44:19,080 --> 00:44:22,320
 and the future land use is regional mixed use.

823
00:44:22,320 --> 00:44:26,980
 So here is the proposed site plan.

824
00:44:28,400 --> 00:44:32,740
 The specific use permit is proposing one 12,000

825
00:44:32,740 --> 00:44:36,160
 square foot building that would have the sales area

826
00:44:36,160 --> 00:44:39,320
 as well as office space and have 7,000 square feet

827
00:44:39,320 --> 00:44:42,720
 of warehouse space that's associated with maintaining

828
00:44:42,720 --> 00:44:45,600
 and storing some of the equipment that they sell on site.

829
00:44:45,600 --> 00:44:51,800
 There is also an equipment display area circled in purple.

830
00:44:51,800 --> 00:44:56,360
 This is an outdoor area that is adjacent to the right of way

831
00:44:56,360 --> 00:45:00,040
 is about 42,000 square feet and would have all of

832
00:45:00,040 --> 00:45:03,880
 the equipment that they're selling, any outdoor storage

833
00:45:03,880 --> 00:45:07,640
 of parts or any other things that are not for immediate sale

834
00:45:07,640 --> 00:45:09,680
 would need to be opaquely screened.

835
00:45:09,680 --> 00:45:15,960
 And the building is approximately 31.5 feet

836
00:45:15,960 --> 00:45:18,560
 and they are proposing 24 vehicular spaces

837
00:45:18,560 --> 00:45:20,960
 circled in yellow.

838
00:45:20,960 --> 00:45:23,200
 The easement that I mentioned in the previous slide

839
00:45:23,200 --> 00:45:27,800
 is in red additionally, there's a 60 foot utility easement

840
00:45:27,800 --> 00:45:32,280
 and then there's gas easement and electric lines there.

841
00:45:32,280 --> 00:45:36,040
 So this is about 90 feet of area that they are proposing

842
00:45:36,040 --> 00:45:40,480
 their storage or their equipment display area

843
00:45:40,480 --> 00:45:43,260
 and their parking, so all paved surfaces.

844
00:45:43,260 --> 00:45:48,880
 Their landscape area here, so the requirement

845
00:45:48,880 --> 00:45:50,800
 is 15% landscape area.

846
00:45:50,800 --> 00:45:54,760
 They are proposing 27.6, including the detention pond

847
00:45:54,760 --> 00:45:57,600
 that's over, this is the south side of the site

848
00:45:57,600 --> 00:46:03,720
 and 23.4% tree canopy out of a 20% requirement.

849
00:46:03,720 --> 00:46:07,320
 A landscape compatibility buffer was required

850
00:46:07,320 --> 00:46:10,720
 on the north side of the site, it's circled in green.

851
00:46:10,720 --> 00:46:13,080
 This is to buffer from the self storage use

852
00:46:13,080 --> 00:46:14,600
 that is to the north of the site

853
00:46:14,600 --> 00:46:16,800
 and is classified as an industrial use.

854
00:46:16,800 --> 00:46:20,340
 And then there are a few landscape alternatives

855
00:46:20,340 --> 00:46:24,560
 that staff did approve in reviewing this plan.

856
00:46:24,560 --> 00:46:26,820
 Street trees are required for all of our sites

857
00:46:26,820 --> 00:46:28,440
 and with this being a textile roadway

858
00:46:28,440 --> 00:46:30,680
 and having a good amount of utility easement

859
00:46:30,680 --> 00:46:33,160
 along the right of way, they did move these further back

860
00:46:33,160 --> 00:46:35,460
 on site and one street tree was relocated

861
00:46:35,460 --> 00:46:37,620
 to the rear parking area, circled in blue.

862
00:46:37,620 --> 00:46:41,660
 And then a few trees from their parking lot landscaping

863
00:46:41,660 --> 00:46:44,160
 were also relocated to the rear of the site

864
00:46:44,160 --> 00:46:45,640
 due to these utility easements

865
00:46:45,640 --> 00:46:47,920
 and not allowing trees in this area.

866
00:46:51,200 --> 00:46:53,840
 This project does meet the criteria for approval

867
00:46:53,840 --> 00:46:55,840
 set out in the DDC.

868
00:46:55,840 --> 00:46:58,440
 It meets the goals of the comprehensive plan

869
00:46:58,440 --> 00:47:00,000
 and the future land use map.

870
00:47:00,000 --> 00:47:02,960
 Some of these goals are to reinvest, revitalize

871
00:47:02,960 --> 00:47:05,460
 and redevelop key growth corridors,

872
00:47:05,460 --> 00:47:09,460
 which this would do as this is a currently undeveloped lot.

873
00:47:09,460 --> 00:47:13,780
 Another goal is to increase the city's job to worker ratio

874
00:47:13,780 --> 00:47:17,200
 and increase specifically jobs within the agricultural

875
00:47:17,200 --> 00:47:21,220
 construction and retail sectors, which this would do as well.

876
00:47:21,220 --> 00:47:26,560
 The proposal is also consistent with the LI zoning district

877
00:47:26,560 --> 00:47:29,600
 and is not expected to generate any adverse fiscal,

878
00:47:29,600 --> 00:47:33,160
 environmental or infrastructure impacts.

879
00:47:33,160 --> 00:47:36,260
 And utilities do already serve and cross the property.

880
00:47:36,260 --> 00:47:40,880
 Public outreach was conducted in accordance

881
00:47:40,880 --> 00:47:43,760
 with state law in the DDC and staff did receive

882
00:47:43,760 --> 00:47:45,800
 one response in favor from the property

883
00:47:45,800 --> 00:47:48,500
 to the south of this subject area.

884
00:47:48,500 --> 00:47:53,720
 And staff is recommending approval of the SUP

885
00:47:53,720 --> 00:47:55,880
 with the following conditions.

886
00:47:55,880 --> 00:47:58,240
 To go through them real quickly, the first one is that

887
00:47:58,240 --> 00:48:01,160
 the development does need to substantially comply

888
00:48:01,160 --> 00:48:04,140
 with the attached site plan and landscape plan.

889
00:48:04,140 --> 00:48:09,200
 There are a few ways that it could change.

890
00:48:09,200 --> 00:48:12,200
 They would not be allowed to increase equipment sales

891
00:48:12,200 --> 00:48:15,140
 and rental use area, not be allowed to change

892
00:48:15,140 --> 00:48:19,240
 parking requirements, reduce buffering or screening,

893
00:48:19,240 --> 00:48:23,260
 or decrease the total landscape area by more than 5%.

894
00:48:23,260 --> 00:48:27,640
 Number two on these conditions does require that

895
00:48:27,640 --> 00:48:29,240
 even if they're not doing any of these things,

896
00:48:29,240 --> 00:48:32,360
 staff can say that the change to the specific use permit

897
00:48:32,360 --> 00:48:34,820
 would warrant coming before this body again.

898
00:48:34,820 --> 00:48:38,920
 The third is just acknowledging that this is

899
00:48:38,920 --> 00:48:40,880
 a TxDOT roadway they are adjacent to.

900
00:48:40,880 --> 00:48:43,320
 TxDOT is making some changes along I-35,

901
00:48:43,320 --> 00:48:47,040
 so if TxDOT does need them to change their access,

902
00:48:47,040 --> 00:48:50,540
 as long as it still matches on site, that can be done.

903
00:48:50,540 --> 00:48:55,480
 And the fourth is talking about the outdoor storage.

904
00:48:55,480 --> 00:48:58,040
 So at this time, the applicant is not proposing

905
00:48:58,040 --> 00:48:59,280
 any outdoor storage.

906
00:48:59,280 --> 00:49:03,360
 If that changes as they develop, they would be able

907
00:49:03,360 --> 00:49:05,960
 to make the necessary changes to their fencing

908
00:49:05,960 --> 00:49:08,220
 to be able to screen that outdoor storage

909
00:49:08,220 --> 00:49:09,500
 from the rights of way.

910
00:49:10,560 --> 00:49:13,400
 And number five is just that the zoning map

911
00:49:13,400 --> 00:49:15,380
 will reflect the specific use permit.

912
00:49:15,380 --> 00:49:19,760
 So their next steps would be city council on April 15th,

913
00:49:19,760 --> 00:49:21,600
 and I will stand for any questions.

914
00:49:21,600 --> 00:49:26,040
 - Thank you, Erin.

915
00:49:26,040 --> 00:49:32,660
 Any questions for staff at this time?

916
00:49:32,660 --> 00:49:38,200
 I will open the public hearing at this time.

917
00:49:38,200 --> 00:49:40,680
 I don't have any cards wishing to speak,

918
00:49:40,680 --> 00:49:42,340
 but this is a public hearing.

919
00:49:42,340 --> 00:49:45,600
 If you would like to come down and share any thoughts,

920
00:49:45,600 --> 00:49:46,520
 you're welcome to.

921
00:49:46,520 --> 00:49:54,240
 Seeing no movement.

922
00:49:54,240 --> 00:49:57,000
 I do have a question, I don't know if it's better

923
00:49:57,000 --> 00:49:58,580
 for staff or the applicant.

924
00:49:58,580 --> 00:50:02,960
 Condition three, if you can flip back to your condition,

925
00:50:02,960 --> 00:50:04,960
 it's a recommended conditions slide.

926
00:50:07,280 --> 00:50:08,640
 So let me set the stage for this.

927
00:50:08,640 --> 00:50:11,440
 I noticed that, as you said, the street trees

928
00:50:11,440 --> 00:50:13,320
 are moved back to behind the easement,

929
00:50:13,320 --> 00:50:18,720
 and condition three is worded as if tech stop plans

930
00:50:18,720 --> 00:50:22,080
 on widening or changing.

931
00:50:22,080 --> 00:50:25,120
 And my understanding is there's an approved funded project

932
00:50:25,120 --> 00:50:30,120
 for this 35 EW I-35Y, so I imagine changes are coming.

933
00:50:30,120 --> 00:50:37,160
 So I'm just, I'm wondering whether that project

934
00:50:37,160 --> 00:50:39,160
 is far enough along that we've had discussions

935
00:50:39,160 --> 00:50:42,600
 with tech stop to understand whether the widening

936
00:50:42,600 --> 00:50:46,160
 of the right of way would cause all the trees

937
00:50:46,160 --> 00:50:48,240
 that we're planning to be cut down.

938
00:50:48,240 --> 00:50:49,080
 Does that make sense?

939
00:50:49,080 --> 00:50:51,680
 - No, the applicant has, it does make sense, yes.

940
00:50:51,680 --> 00:50:54,000
 We have been working with tech stop on this project,

941
00:50:54,000 --> 00:50:57,720
 and so it is worded that if the plans for widening

942
00:50:57,720 --> 00:51:01,680
 impact the subject property, we don't anticipate

943
00:51:01,680 --> 00:51:04,000
 that they will, and the applicant has been talking

944
00:51:04,000 --> 00:51:08,280
 with tech stop and is aware of how tech stop updates

945
00:51:08,280 --> 00:51:11,080
 will impact the subject property.

946
00:51:11,080 --> 00:51:14,160
 This is just kind of a carve out in case things change,

947
00:51:14,160 --> 00:51:17,800
 but the applicant is aware of what tech stop plans

948
00:51:17,800 --> 00:51:18,640
 are right now.

949
00:51:18,640 --> 00:51:20,520
 - It looks like maybe the, if you can come down

950
00:51:20,520 --> 00:51:24,520
 and identify yourself and feel free to speak.

951
00:51:24,520 --> 00:51:27,280
 - Mack Mackey with Kimley Horn, 100 West Oak Street,

952
00:51:27,280 --> 00:51:30,680
 Suite 203, Denton, Texas.

953
00:51:30,680 --> 00:51:34,120
 So, do you have the site plan that we could open?

954
00:51:34,120 --> 00:51:43,680
 Yeah, so essentially the thick black line that you see

955
00:51:43,680 --> 00:51:47,080
 on the top of this site plan, that's the ultimate

956
00:51:47,080 --> 00:51:50,160
 tech stop taking right of way that has already happened,

957
00:51:50,160 --> 00:51:54,280
 and then there's a 20 foot PUE on the eastern side

958
00:51:54,280 --> 00:51:55,880
 of the site, so the taking has already happened,

959
00:51:55,880 --> 00:51:59,000
 and the PUE is already in place for the current improvements

960
00:51:59,000 --> 00:52:02,000
 that are currently designed and in construction, so.

961
00:52:02,000 --> 00:52:03,760
 - Okay, thank you, that answered my question.

962
00:52:03,760 --> 00:52:05,640
 I just wanted to make sure that we weren't gonna set up

963
00:52:05,640 --> 00:52:09,480
 a situation where you would, by that provision three,

964
00:52:09,480 --> 00:52:12,440
 you would be forced to come back for a new SUP

965
00:52:12,440 --> 00:52:14,560
 just because a position of a tree changed.

966
00:52:14,560 --> 00:52:16,480
 - Yeah, I can't speak to what tech stop's gonna do

967
00:52:16,480 --> 00:52:19,520
 in 2040, but the current plan, that is the taking,

968
00:52:19,520 --> 00:52:20,800
 and that is the PUE, so.

969
00:52:20,800 --> 00:52:21,800
 - Thank you very much.

970
00:52:25,960 --> 00:52:29,600
 At this point, any other public wishing to speak

971
00:52:29,600 --> 00:52:30,480
 on this item?

972
00:52:30,480 --> 00:52:35,160
 Seeing none, I will close the public hearing.

973
00:52:35,160 --> 00:52:39,480
 Any questions from the commission or a motion?

974
00:52:39,480 --> 00:52:46,880
 Or discussion?

975
00:52:46,880 --> 00:52:53,000
 Commissioner Prodokorio?

976
00:52:55,880 --> 00:52:58,320
 - I'll make a motion that we approve the SUP

977
00:52:58,320 --> 00:53:00,120
 with the conditions listed.

978
00:53:00,120 --> 00:53:01,280
 - Okay, thank you.

979
00:53:01,280 --> 00:53:05,320
 Commissioner Dyer?

980
00:53:05,320 --> 00:53:08,280
 Thank you.

981
00:53:08,280 --> 00:53:10,640
 It's a second from Commissioner Dyer.

982
00:53:10,640 --> 00:53:13,360
 And any discussion?

983
00:53:13,360 --> 00:53:16,520
 More questions?

984
00:53:16,520 --> 00:53:21,400
 I'll just say, you know, 35 is a big,

985
00:53:23,720 --> 00:53:27,120
 you know, a human-made divider.

986
00:53:27,120 --> 00:53:30,200
 You know, we have lots of industrial uses

987
00:53:30,200 --> 00:53:31,360
 to the west of here.

988
00:53:31,360 --> 00:53:36,720
 And, you know, there's other places on the other side

989
00:53:36,720 --> 00:53:38,800
 of the freeway where this may not make sense,

990
00:53:38,800 --> 00:53:41,200
 but I think it makes sense here.

991
00:53:41,200 --> 00:53:46,440
 So I'm comforted that the qualities of the SUP

992
00:53:46,440 --> 00:53:47,800
 are satisfied, so.

993
00:53:47,800 --> 00:53:51,200
 Seeing no other questions,

994
00:53:51,200 --> 00:53:53,040
 I will call for a vote on the board.

995
00:53:53,720 --> 00:53:54,560
 Okay.

996
00:53:54,560 --> 00:54:00,200
 That item passes four, zero.

997
00:54:00,200 --> 00:54:04,920
 That brings us to our last public hearing,

998
00:54:04,920 --> 00:54:09,840
 item 5C, DCA 25-0011.

999
00:54:09,840 --> 00:54:12,080
 - Good evening, Commission.

1000
00:54:12,080 --> 00:54:13,880
 Bryce Van Arsdale, Assistant Planner.

1001
00:54:13,880 --> 00:54:17,400
 Staff is requesting withdrawal of this item

1002
00:54:17,400 --> 00:54:20,040
 from the agenda tonight in order to ensure

1003
00:54:20,040 --> 00:54:22,360
 that all state-required noticing standards

1004
00:54:22,360 --> 00:54:24,280
 are met prior to the public hearing.

1005
00:54:24,280 --> 00:54:27,600
 - Thank you, Bryce.

1006
00:54:27,600 --> 00:54:32,040
 This is a public hearing.

1007
00:54:32,040 --> 00:54:34,280
 I haven't opened it yet because we're planning

1008
00:54:34,280 --> 00:54:37,520
 on re-noticing it, but I do see a couple

1009
00:54:37,520 --> 00:54:39,800
 of attendees in the audience.

1010
00:54:39,800 --> 00:54:47,760
 Do we need to open the public hearing?

1011
00:54:47,760 --> 00:54:48,600
 Okay.

1012
00:54:52,640 --> 00:54:55,560
 (faintly speaking)

1013
00:54:55,560 --> 00:54:59,800
 Yeah, if you did come because you're interested

1014
00:54:59,800 --> 00:55:02,520
 in this particular case, I would suggest

1015
00:55:02,520 --> 00:55:05,720
 that you get with Bryce or other staff

1016
00:55:05,720 --> 00:55:06,880
 immediately following this.

1017
00:55:06,880 --> 00:55:11,160
 I think this is the last main item on the meeting agenda.

1018
00:55:11,160 --> 00:55:13,400
 It should be coming up here, I would assume,

1019
00:55:13,400 --> 00:55:17,000
 within about a month for the noticing timeline.

1020
00:55:17,000 --> 00:55:18,000
 - April 23rd.

1021
00:55:18,000 --> 00:55:19,000
 - Okay, April 23rd.

1022
00:55:19,000 --> 00:55:19,840
 Thank you, Bryce.

1023
00:55:21,720 --> 00:55:24,080
 So we will not take action on this item,

1024
00:55:24,080 --> 00:55:30,000
 and that brings us to item 6A,

1025
00:55:30,000 --> 00:55:34,680
 the PZ25017, the Planning and Zoning Commission Matrix.

1026
00:55:34,680 --> 00:55:37,480
 - Thank you, Chair Pruitt.

1027
00:55:37,480 --> 00:55:38,880
 Let me get to my notes here.

1028
00:55:38,880 --> 00:55:48,400
 Okay, a couple of items to report on.

1029
00:55:48,400 --> 00:55:51,960
 So let me get this down.

1030
00:55:51,960 --> 00:55:56,240
 First of all, in terms of, so for commissioners

1031
00:55:56,240 --> 00:55:59,680
 that are new, typically during this particular item,

1032
00:55:59,680 --> 00:56:03,200
 we report, really staff reports on action

1033
00:56:03,200 --> 00:56:06,200
 that council took on cases that the commission

1034
00:56:06,200 --> 00:56:07,520
 would have seen previously.

1035
00:56:07,520 --> 00:56:10,440
 So since your meeting on February 26th,

1036
00:56:10,440 --> 00:56:12,320
 we have not had any zoning requests

1037
00:56:12,320 --> 00:56:14,280
 or specific use permits or anything else

1038
00:56:14,280 --> 00:56:17,440
 that this body might have seen since that time.

1039
00:56:17,440 --> 00:56:21,400
 So our meeting calendar's been a little different

1040
00:56:21,400 --> 00:56:23,440
 and not nearly many items scheduled,

1041
00:56:23,440 --> 00:56:26,920
 so hence why there's been no action there.

1042
00:56:26,920 --> 00:56:28,920
 Regarding the matrix document itself,

1043
00:56:28,920 --> 00:56:32,560
 so we did remove the planning work program item

1044
00:56:32,560 --> 00:56:33,400
 that was on there.

1045
00:56:33,400 --> 00:56:35,040
 If you recall, Keisha gave a presentation

1046
00:56:35,040 --> 00:56:37,120
 back on February 26th.

1047
00:56:37,120 --> 00:56:38,800
 It's my understanding also at that last meeting

1048
00:56:38,800 --> 00:56:40,160
 that there was a request for updates

1049
00:56:40,160 --> 00:56:42,720
 regarding annexations that are approved by council.

1050
00:56:42,720 --> 00:56:45,200
 I normally do that as part of my matrix report,

1051
00:56:45,200 --> 00:56:47,120
 so I did not add that to this report,

1052
00:56:47,120 --> 00:56:50,640
 but if you're wanting to see it reflected on there,

1053
00:56:50,640 --> 00:56:53,560
 happy to do so, but since it was just

1054
00:56:53,560 --> 00:56:56,920
 kind of a normal practice, hence why we did not add it.

1055
00:56:56,920 --> 00:56:59,080
 And then lastly, I would like to take an opportunity

1056
00:56:59,080 --> 00:57:00,760
 to recognize Commissioner Villarreal

1057
00:57:00,760 --> 00:57:02,680
 with this being his last meeting here

1058
00:57:02,680 --> 00:57:04,880
 for the Planning and Zoning Commission.

1059
00:57:04,880 --> 00:57:07,040
 We appreciate his three and a half years of service

1060
00:57:07,040 --> 00:57:09,120
 that he has provided to us.

1061
00:57:09,120 --> 00:57:12,080
 If you're not familiar with Commissioner Villarreal's

1062
00:57:12,080 --> 00:57:13,320
 efforts, he also joins us for the

1063
00:57:13,320 --> 00:57:15,560
 Development Code Review Committee,

1064
00:57:15,560 --> 00:57:18,120
 so he takes time out of his schedule for that as well.

1065
00:57:18,120 --> 00:57:20,840
 So looking back on some of the projects

1066
00:57:20,840 --> 00:57:22,360
 that you've been involved in,

1067
00:57:22,360 --> 00:57:23,920
 unfortunately we did not get to

1068
00:57:23,920 --> 00:57:25,360
 what I would call parking 2.0,

1069
00:57:25,360 --> 00:57:28,200
 which was the request for removing parking,

1070
00:57:28,200 --> 00:57:29,160
 minimum parking requirements,

1071
00:57:29,160 --> 00:57:30,520
 but it's still on the Development Code Review

1072
00:57:30,520 --> 00:57:33,640
 Committee's work program, so we haven't forgotten.

1073
00:57:33,640 --> 00:57:35,200
 But I do want to acknowledge,

1074
00:57:35,200 --> 00:57:37,320
 I know you were very instrumental in providing feedback

1075
00:57:37,320 --> 00:57:39,160
 with respect to our short-term rentals ordinance

1076
00:57:39,160 --> 00:57:42,520
 that we worked on, being very concerned

1077
00:57:42,520 --> 00:57:44,240
 regarding implications on single-family

1078
00:57:44,240 --> 00:57:46,440
 residential neighborhoods and being very concerned

1079
00:57:46,440 --> 00:57:50,200
 about that, and I know you had acknowledged

1080
00:57:50,200 --> 00:57:52,440
 even when the commission was considering

1081
00:57:52,440 --> 00:57:56,200
 that ordinance, some of the different perspectives

1082
00:57:56,200 --> 00:57:59,800
 that you had considered and kind of moved off

1083
00:57:59,800 --> 00:58:01,840
 of your position in the interest of some compromise,

1084
00:58:01,840 --> 00:58:03,600
 and so you always have single-family

1085
00:58:03,600 --> 00:58:06,040
 residential neighborhoods first and foremost,

1086
00:58:06,040 --> 00:58:08,160
 just given whether it was on short-term rentals

1087
00:58:08,160 --> 00:58:10,000
 or even on other development requests

1088
00:58:10,000 --> 00:58:11,320
 that have come before the commission,

1089
00:58:11,320 --> 00:58:12,840
 particularly in a zoning matter

1090
00:58:12,840 --> 00:58:14,840
 when they're requesting those entitlements.

1091
00:58:14,840 --> 00:58:17,040
 But also kind of looking back on some other

1092
00:58:17,040 --> 00:58:18,800
 more significant projects you've been involved in,

1093
00:58:18,800 --> 00:58:20,920
 obviously the adoption of the comprehensive plan

1094
00:58:20,920 --> 00:58:24,160
 that we did in March 2022, that was on your watch.

1095
00:58:24,160 --> 00:58:26,960
 Same with the mobility plan, we did that same night.

1096
00:58:26,960 --> 00:58:29,280
 You were also very involved in the adoption

1097
00:58:29,280 --> 00:58:30,640
 of the Southeast Denton area plan

1098
00:58:30,640 --> 00:58:34,800
 and providing constructive comments

1099
00:58:34,800 --> 00:58:37,280
 and interested in the public engagement

1100
00:58:37,280 --> 00:58:39,520
 and then the action items that were recommended.

1101
00:58:39,520 --> 00:58:41,920
 Same with the design downtown Denton plan as well

1102
00:58:41,920 --> 00:58:44,440
 and being involved in that aspect.

1103
00:58:44,440 --> 00:58:45,640
 I know we had made some amendments

1104
00:58:45,640 --> 00:58:46,960
 to the Denton Development Code.

1105
00:58:46,960 --> 00:58:49,960
 The list was long, so I picked a few with that,

1106
00:58:49,960 --> 00:58:52,400
 but horizontal multi-family living,

1107
00:58:52,400 --> 00:58:54,200
 that was a new land use type

1108
00:58:54,200 --> 00:58:55,680
 that we were seeing more and more of,

1109
00:58:55,680 --> 00:58:57,560
 and so we had done some amendments to the code

1110
00:58:57,560 --> 00:58:59,360
 to be able to accommodate that.

1111
00:58:59,360 --> 00:59:00,720
 Data centers, I know you were involved

1112
00:59:00,720 --> 00:59:02,440
 in that conversation as well,

1113
00:59:02,440 --> 00:59:04,520
 because that was something our ordinance did not address

1114
00:59:04,520 --> 00:59:07,360
 and seeing more of that happening within our community.

1115
00:59:07,360 --> 00:59:10,400
 Reasonable accommodations in how we address

1116
00:59:10,400 --> 00:59:13,840
 community homes and group homes, both from a DCRC perspective

1117
00:59:13,840 --> 00:59:15,760
 but also the Planning and Zoning Commission,

1118
00:59:15,760 --> 00:59:18,800
 and then also many property rezonings.

1119
00:59:18,800 --> 00:59:21,240
 So I know particularly multi-family developments,

1120
00:59:21,240 --> 00:59:22,640
 particularly where they were adjacent

1121
00:59:22,640 --> 00:59:24,560
 to single-family residential neighborhoods.

1122
00:59:24,560 --> 00:59:27,400
 You're always very interested in what the impacts

1123
00:59:27,400 --> 00:59:29,800
 to the single-family residential neighborhoods would be.

1124
00:59:29,800 --> 00:59:33,400
 And I'd be remiss if I didn't, or if I left off,

1125
00:59:33,400 --> 00:59:36,120
 you'll definitely be known for plat extension requests,

1126
00:59:36,120 --> 00:59:37,320
 how many are being requested.

1127
00:59:37,320 --> 00:59:39,640
 So I know that's a common question.

1128
00:59:39,640 --> 00:59:41,000
 And then like I said, the other item,

1129
00:59:41,000 --> 00:59:44,120
 just being listening to neighborhood concerns,

1130
00:59:44,120 --> 00:59:46,560
 especially when people are here in opposition

1131
00:59:46,560 --> 00:59:49,320
 and trying to push the developer

1132
00:59:49,320 --> 00:59:52,040
 to find the compromise where feasible.

1133
00:59:52,040 --> 00:59:54,600
 So with that, we thank you for your service.

1134
00:59:54,600 --> 00:59:56,880
 We do have a certificate here for you,

1135
00:59:56,880 --> 00:59:58,920
 so your token of appreciation.

1136
00:59:58,920 --> 01:00:01,240
 And that concludes my report, so thank you.

1137
01:00:01,240 --> 01:00:06,200
 (audience applauding)

1138
01:00:06,920 --> 01:00:10,200
 - Yeah, I think I'll just add to that that

1139
01:00:10,200 --> 01:00:12,840
 I've learned a great deal from you, Jordan,

1140
01:00:12,840 --> 01:00:17,840
 and appreciate your ability to think larger picture

1141
01:00:17,840 --> 01:00:24,840
 about all of those who may have concerns that either can't

1142
01:00:24,840 --> 01:00:27,520
 or didn't know about, can't attend

1143
01:00:27,520 --> 01:00:30,080
 or didn't know about the hearings that we have.

1144
01:00:30,080 --> 01:00:36,360
 Keeping those in mind throughout the public process

1145
01:00:36,360 --> 01:00:38,640
 is very important, especially your focus

1146
01:00:38,640 --> 01:00:43,640
 on Southeast Denton and District One wide,

1147
01:00:43,640 --> 01:00:46,280
 about the concentration of housing types that are there

1148
01:00:46,280 --> 01:00:51,280
 versus the rest of the city and how that area grows

1149
01:00:51,280 --> 01:00:55,560
 and morphs over the coming decades.

1150
01:00:55,560 --> 01:00:57,000
 So I really appreciate that.

1151
01:00:57,000 --> 01:01:00,640
 I think many of those thoughts will continue in my mind

1152
01:01:00,640 --> 01:01:03,640
 as we hear things upcoming.

1153
01:01:03,640 --> 01:01:08,640
 And I hope to do you a good service

1154
01:01:08,640 --> 01:01:11,920
 by making sure that the Southeast Denton plan

1155
01:01:11,920 --> 01:01:13,520
 moves forward in implementation,

1156
01:01:13,520 --> 01:01:18,520
 but also in such a way that we move from

1157
01:01:18,520 --> 01:01:24,680
 an attitude of concern of disenfranchisement

1158
01:01:24,680 --> 01:01:27,160
 from past actions in that area

1159
01:01:27,160 --> 01:01:30,240
 to an attitude of, hey, we gave our input

1160
01:01:30,240 --> 01:01:35,240
 and the city heard us and has now done the necessary things

1161
01:01:35,240 --> 01:01:40,480
 to do what we wanted as opposed to what we didn't want.

1162
01:01:40,480 --> 01:01:42,880
 So let me know if I'm going astray from that

1163
01:01:42,880 --> 01:01:44,640
 'cause that's certainly my desire.

1164
01:01:44,640 --> 01:01:51,680
 And Jordan, will you?

1165
01:01:51,680 --> 01:01:53,840
 - If I could say a few words.

1166
01:01:53,840 --> 01:01:56,200
 I just wanna first off thank Councilwoman Byrd

1167
01:01:56,200 --> 01:01:58,280
 and former Councilwoman McGuire for providing me

1168
01:01:58,280 --> 01:02:00,760
 the opportunity to serve the people of Denton

1169
01:02:00,760 --> 01:02:02,760
 these past three and a half years.

1170
01:02:02,760 --> 01:02:05,000
 It's been an honor to fight for neighborhood preservation

1171
01:02:05,000 --> 01:02:07,840
 and citizen input, which I think y'all put

1172
01:02:07,840 --> 01:02:09,960
 into good words there, and always fighting back

1173
01:02:09,960 --> 01:02:12,240
 against overdevelopment, gentrification,

1174
01:02:12,240 --> 01:02:14,560
 and untoward influence.

1175
01:02:14,560 --> 01:02:17,960
 I will always fight for the community first

1176
01:02:17,960 --> 01:02:19,280
 and I wanna thank the council members

1177
01:02:19,280 --> 01:02:20,960
 for giving me that opportunity.

1178
01:02:20,960 --> 01:02:23,280
 I also wanna thank Chairman Pruitt,

1179
01:02:23,280 --> 01:02:26,320
 former Chairwoman Ellis, and my fellow commissioners

1180
01:02:26,320 --> 01:02:28,040
 and the staff for their service.

1181
01:02:28,040 --> 01:02:30,280
 It's been a pleasure serving you as your vice chair

1182
01:02:30,280 --> 01:02:32,760
 these past few months and as your fellow colleague

1183
01:02:32,760 --> 01:02:34,080
 these past several years.

1184
01:02:34,080 --> 01:02:37,840
 With that, I hope that council and city management

1185
01:02:37,840 --> 01:02:40,280
 are able to institute practices that would prevent

1186
01:02:40,280 --> 01:02:43,000
 a forced resignation like this in the future.

1187
01:02:43,000 --> 01:02:45,680
 It's unfortunate I have to leave at this moment,

1188
01:02:45,680 --> 01:02:47,840
 but I cannot execute my duties here

1189
01:02:47,840 --> 01:02:49,920
 while also working at the state capitol

1190
01:02:49,920 --> 01:02:51,440
 during the legislative session.

1191
01:02:51,440 --> 01:02:54,480
 So I hope staff or city management and our council

1192
01:02:54,480 --> 01:02:57,760
 are able to find some resolution there.

1193
01:02:58,320 --> 01:03:00,400
 With that, I pray my colleagues continue to strive

1194
01:03:00,400 --> 01:03:02,000
 to make Denton a better place to live,

1195
01:03:02,000 --> 01:03:03,760
 not just a bigger place to live.

1196
01:03:03,760 --> 01:03:05,840
 It's been an honor to serve the people of Denton

1197
01:03:05,840 --> 01:03:07,960
 and I look forward to serving y'all in a future capacity.

1198
01:03:07,960 --> 01:03:08,800
 Thank you.

1199
01:03:08,800 --> 01:03:13,680
 - Thank you, Jordan.

1200
01:03:13,680 --> 01:03:20,240
 That brings us to our last item, item seven,

1201
01:03:20,240 --> 01:03:22,760
 the concluding items.

1202
01:03:22,760 --> 01:03:24,360
 - I realized in my matrix report

1203
01:03:24,360 --> 01:03:25,840
 that I forgot to acknowledge

1204
01:03:25,840 --> 01:03:27,680
 we actually have a block party.

1205
01:03:27,680 --> 01:03:29,480
 All this conversation about Southeast Denton

1206
01:03:29,480 --> 01:03:30,640
 made me think of the block party

1207
01:03:30,640 --> 01:03:32,240
 that the team is working on.

1208
01:03:32,240 --> 01:03:35,360
 So we've done a tremendous effort

1209
01:03:35,360 --> 01:03:36,320
 on trying to get the word out

1210
01:03:36,320 --> 01:03:37,640
 for the residents in Southeast Denton

1211
01:03:37,640 --> 01:03:39,160
 to join us in our block party.

1212
01:03:39,160 --> 01:03:43,120
 That is tomorrow afternoon from 5 p.m. to 7 p.m.

1213
01:03:43,120 --> 01:03:46,920
 and Keisha, I'm drawing a blank on the name of the park.

1214
01:03:46,920 --> 01:03:49,400
 Fredmore Park, thank you.

1215
01:03:49,400 --> 01:03:51,520
 So I'm like, it's by the American Legion Center

1216
01:03:51,520 --> 01:03:53,680
 and I can see all of the improvements around it.

1217
01:03:53,680 --> 01:03:55,880
 But anyway, if anybody is interested in joining us

1218
01:03:55,880 --> 01:03:58,440
 for the block party, we encourage you to do so.

1219
01:03:58,440 --> 01:04:00,960
 Again, it's at Fredmore Park from five to seven.

1220
01:04:00,960 --> 01:04:03,560
 We will have a variety of activities.

1221
01:04:03,560 --> 01:04:05,560
 We'll have food there as well.

1222
01:04:05,560 --> 01:04:07,800
 More importantly though, we are looking for public feedback

1223
01:04:07,800 --> 01:04:09,960
 on some initiatives associated with implementation

1224
01:04:09,960 --> 01:04:11,800
 of the Southeast Denton area plan

1225
01:04:11,800 --> 01:04:15,240
 and looking to validate what we heard from the community

1226
01:04:15,240 --> 01:04:16,920
 on certain action items

1227
01:04:16,920 --> 01:04:18,840
 because it's continuing to provide the foundation

1228
01:04:18,840 --> 01:04:20,880
 as we move forward on implementation

1229
01:04:20,880 --> 01:04:21,960
 of some of those actions.

1230
01:04:21,960 --> 01:04:24,960
 So if you have friends, family that are in Southeast Denton,

1231
01:04:24,960 --> 01:04:26,600
 we encourage you to try and get the word out

1232
01:04:26,600 --> 01:04:29,120
 and have them come join us again from five to 7 p.m.

1233
01:04:29,120 --> 01:04:29,960
 So thank you.

1234
01:04:29,960 --> 01:04:34,040
 - Thank you, Tina.

1235
01:04:34,040 --> 01:04:36,480
 I'm excited to hear that.

1236
01:04:36,480 --> 01:04:41,320
 I'll just offer a memory of mine early on

1237
01:04:41,320 --> 01:04:44,440
 when I was on this commission three and a half years ago

1238
01:04:44,440 --> 01:04:47,440
 or so as we were getting into some public engagement

1239
01:04:47,440 --> 01:04:52,080
 for at that time, I think it was, I don't remember now,

1240
01:04:52,080 --> 01:04:54,300
 may have been the mobility plan updates.

1241
01:04:55,880 --> 01:05:00,880
 Yeah, and I made the comment that bridging the divide

1242
01:05:00,880 --> 01:05:06,800
 between the busy lives that all of our residents lead

1243
01:05:06,800 --> 01:05:11,800
 and the strange and jargon-filled things

1244
01:05:11,800 --> 01:05:24,000
 that the city does here to be able to put the future

1245
01:05:25,080 --> 01:05:28,000
 plans into action is always a challenge.

1246
01:05:28,000 --> 01:05:30,200
 And I made the comment at that time

1247
01:05:30,200 --> 01:05:32,160
 that I hoped that more of our engagement

1248
01:05:32,160 --> 01:05:35,880
 would move toward meeting residents where they are

1249
01:05:35,880 --> 01:05:39,120
 by having block parties and bringing food.

1250
01:05:39,120 --> 01:05:42,800
 And I think this is a welcome addition.

1251
01:05:42,800 --> 01:05:46,680
 I think our team really over the last two years or so

1252
01:05:46,680 --> 01:05:50,960
 as we've delved into the small area plans

1253
01:05:50,960 --> 01:05:54,200
 and other efforts has really taken that to heart.

1254
01:05:54,200 --> 01:05:55,320
 And I just thank you.

1255
01:05:55,320 --> 01:05:57,520
 I think it's always a challenge.

1256
01:05:57,520 --> 01:06:00,860
 We can always do better, but it shows, so thank you.

1257
01:06:00,860 --> 01:06:03,980
 Any other concluding items?

1258
01:06:03,980 --> 01:06:09,740
 I'll just say, Jordan, good luck at the state ledge.

1259
01:06:09,740 --> 01:06:14,400
 Hopefully, whereas there's a lot going on,

1260
01:06:14,400 --> 01:06:19,400
 so thank you for your service in all the ways that you do.

1261
01:06:22,520 --> 01:06:27,480
 With that, seeing no objection, I will adjourn this meeting

1262
01:06:27,480 --> 01:06:30,760
 of the Denton Planning and Zoning Commission at 7, 10 p.m.

1263
01:06:30,760 --> 01:06:31,580
 Thank you.