WEBVTT 00:00:00.000 --> 00:00:05.000 - Good afternoon and welcome to our work session 00:00:05.000 --> 00:00:09.060 of the City of Denton Planning and Zoning Commission. 00:00:09.060 --> 00:00:11.960 On March 19th, it is 5.03 p.m. 00:00:11.960 --> 00:00:13.160 We'll call us to order. 00:00:13.160 --> 00:00:19.480 Our first order of business is citizen comments 00:00:19.480 --> 00:00:24.480 on the consent agenda and not seeing any comments. 00:00:24.480 --> 00:00:29.760 We will move forward to the next item, 00:00:29.760 --> 00:00:33.520 which is the, sorry, 00:00:33.520 --> 00:00:36.440 questions on the consent agenda from the commission. 00:00:36.440 --> 00:00:41.800 Seems quiet. 00:00:41.800 --> 00:00:45.200 I take that as none. 00:00:45.200 --> 00:00:47.800 So we will move on to the items 00:00:47.800 --> 00:00:49.640 for individual consideration. 00:00:49.640 --> 00:00:58.840 Good afternoon. 00:00:58.840 --> 00:01:00.060 - Good afternoon. 00:01:00.060 --> 00:01:02.920 Karen Robertson, Prince Will Planner. 00:01:02.920 --> 00:01:11.440 This is a final plot for a approximately 20 acre property 00:01:11.440 --> 00:01:16.600 on the northwest corner of I-35 and Robson Ranch Road. 00:01:16.600 --> 00:01:18.940 Staff is recommending denial at this time 00:01:18.940 --> 00:01:21.020 for the final plot as it does not comply 00:01:21.020 --> 00:01:23.000 with our established criteria for approval, 00:01:23.000 --> 00:01:26.000 but we have no objection to a final extension request 00:01:26.000 --> 00:01:26.960 of April 9th. 00:01:29.200 --> 00:01:31.440 - Looks like this is the first extension request. 00:01:31.440 --> 00:01:33.140 Any questions on this item? 00:01:33.140 --> 00:01:35.840 No? 00:01:35.840 --> 00:01:37.080 Yes, Mr. Villarreal. 00:01:37.080 --> 00:01:39.120 - Do we believe that with the extension request, 00:01:39.120 --> 00:01:42.700 they'll be able to meet plot requirements by April 9th? 00:01:42.700 --> 00:01:43.540 - Yes. - Okay. 00:01:43.540 --> 00:01:48.320 - I see nothing else. 00:01:48.320 --> 00:01:49.160 Thank you, Cameron. 00:01:49.160 --> 00:01:55.400 Next item, item, sorry. 00:01:55.400 --> 00:01:59.900 4B, FP250007. 00:01:59.900 --> 00:02:02.680 It looks like Angie is up here and me instead. 00:02:02.680 --> 00:02:04.960 - Yes, good evening. 00:02:04.960 --> 00:02:07.480 Angie Manglaris, Development Review Manager. 00:02:07.480 --> 00:02:11.520 I'm gonna be presenting this final plot this evening. 00:02:11.520 --> 00:02:14.560 This is FP, this is not FP25. 00:02:14.560 --> 00:02:21.040 This is FP250007. 00:02:21.040 --> 00:02:23.800 This is a final plot for Elm's Bed Multifamily. 00:02:23.800 --> 00:02:26.400 It's generally located at the northeast corner 00:02:26.400 --> 00:02:29.140 of Audre Lane and Nottingham. 00:02:29.140 --> 00:02:31.440 The intent of this final plot is to create one lot 00:02:31.440 --> 00:02:33.480 for development of a future multifamily site. 00:02:33.480 --> 00:02:35.400 At this time, they're not compliant 00:02:35.400 --> 00:02:37.280 with all of our review criteria. 00:02:37.280 --> 00:02:39.600 The applicant has requested a extension 00:02:39.600 --> 00:02:41.480 to a date certain of April 9th. 00:02:41.480 --> 00:02:43.480 This would be their first extension request. 00:02:43.480 --> 00:02:45.980 I'm happy to answer any questions you all may have. 00:02:45.980 --> 00:02:53.120 - Thank you. 00:02:53.120 --> 00:02:55.160 Is there enough time for them to get this figured out 00:02:55.160 --> 00:02:56.880 before April 9th? 00:02:56.880 --> 00:03:00.280 Are they gonna have a final plot for us by April 9th? 00:03:00.280 --> 00:03:01.760 - It does look like they have a handful 00:03:01.760 --> 00:03:05.120 of lingering comments, but it is possible 00:03:05.120 --> 00:03:07.000 that they do all get worked out by April 9th. 00:03:07.000 --> 00:03:10.140 It's a little difficult for me to speak on their timing. 00:03:10.140 --> 00:03:10.980 - Thank you. 00:03:10.980 --> 00:03:16.240 - Seeing nothing else, thank you, Angie. 00:03:16.240 --> 00:03:22.040 Next is item 4C, FP250009. 00:03:24.120 --> 00:03:26.180 - Good afternoon, Erins. 00:03:26.180 --> 00:03:28.460 - Good afternoon. 00:03:28.460 --> 00:03:36.440 This is FP250009. 00:03:36.440 --> 00:03:38.600 This is Hilltop Village addition. 00:03:38.600 --> 00:03:41.520 This is an approximately six acre site located 00:03:41.520 --> 00:03:45.620 in the ETJ, east of Hilltop Road. 00:03:45.620 --> 00:03:47.940 At this time, this plot does not meet our criteria 00:03:47.940 --> 00:03:50.160 for approval and staff is recommending denial, 00:03:50.160 --> 00:03:52.380 but we have no objection to their requested extension 00:03:52.380 --> 00:03:53.220 to April 9th. 00:03:53.220 --> 00:03:57.200 First, this would be a first extension request. 00:03:57.200 --> 00:04:00.160 - And Commissioner Villarreal. 00:04:00.160 --> 00:04:01.000 - Thank you. 00:04:01.000 --> 00:04:03.440 So are we expecting this to be good to go by that time? 00:04:03.440 --> 00:04:04.280 - I do expect that. 00:04:04.280 --> 00:04:05.960 - Okay, thank you. 00:04:05.960 --> 00:04:07.820 - Thank you, Erins. 00:04:07.820 --> 00:04:12.820 Next is 4E, sorry, my D, thank you. 00:04:12.820 --> 00:04:16.600 FP250011. 00:04:16.600 --> 00:04:21.040 Good afternoon, Julie. 00:04:21.040 --> 00:04:23.640 - Good afternoon, Julie Wyatt, Principal Planner. 00:04:23.640 --> 00:04:24.700 Let me see if I can. 00:04:24.700 --> 00:04:30.960 I guess that's gonna stay. 00:04:30.960 --> 00:04:32.720 Julie Wyatt, Principal Planner. 00:04:32.720 --> 00:04:37.400 I'm presenting FP2511, this is Villages on McKinney. 00:04:37.400 --> 00:04:42.400 It is a final plot for 113-0 lot line, 00:04:42.400 --> 00:04:46.080 single-family residential dwellings. 00:04:46.080 --> 00:04:47.640 Some of you may remember this. 00:04:47.640 --> 00:04:51.200 It was a plan development that went forward with zoning 00:04:51.200 --> 00:04:52.560 recently. 00:04:52.560 --> 00:04:55.480 They do have a few items that they need to work through, 00:04:55.480 --> 00:04:58.840 quite a few review comments that they still have to address. 00:04:58.840 --> 00:05:01.640 So staff is recommending denial at this time. 00:05:01.640 --> 00:05:06.640 However, we have no objection to their requested extension, 00:05:06.640 --> 00:05:10.960 and it is the first extension that they requested. 00:05:10.960 --> 00:05:12.260 Should I go ahead and answer? 00:05:12.260 --> 00:05:13.100 Yes. 00:05:14.880 --> 00:05:18.160 - You know, we're working toward getting to that April 9th. 00:05:18.160 --> 00:05:20.720 They may not be able to address all of those comments 00:05:20.720 --> 00:05:23.640 by then, but that's certainly a goal that we have. 00:05:23.640 --> 00:05:26.800 - And I think on this one in particular, 00:05:26.800 --> 00:05:31.800 there were some additional utility access things 00:05:31.800 --> 00:05:33.240 that make it a little bit more complex 00:05:33.240 --> 00:05:34.480 than your average plat, is that-- 00:05:34.480 --> 00:05:37.720 - It is a complicated site as well as plat, 00:05:37.720 --> 00:05:40.320 so that was one of the reasons for the PD 00:05:40.320 --> 00:05:42.360 is just the complexity of the site. 00:05:42.360 --> 00:05:44.600 - Okay, thank you. 00:05:44.600 --> 00:05:45.920 - Thank you. 00:05:45.920 --> 00:05:48.120 - Now we are at 4E, FP25. 00:05:48.120 --> 00:05:49.560 - Can I just interrupt-- 00:05:49.560 --> 00:05:51.440 - Yes, please do, sorry. 00:05:51.440 --> 00:05:54.640 - So when we're seeing all of these come through 00:05:54.640 --> 00:05:58.520 and staff is requesting to deny it 00:05:58.520 --> 00:06:00.380 and that they want the extension, 00:06:00.380 --> 00:06:02.400 is it just because there's things in place 00:06:02.400 --> 00:06:06.920 that they haven't finished and we're on a deadline 00:06:06.920 --> 00:06:09.120 of having to meet some of the requirements, 00:06:09.120 --> 00:06:10.640 you know, the timelines? 00:06:10.640 --> 00:06:14.160 - Right, so state law requires us to take action on plat 00:06:14.160 --> 00:06:16.000 within 30 days, so we either approve them, 00:06:16.000 --> 00:06:19.760 deny them or approve with conditions 00:06:19.760 --> 00:06:21.640 could be an option as well. 00:06:21.640 --> 00:06:24.920 Because of the state obligation to take action, 00:06:24.920 --> 00:06:27.000 when applicants are not ready 00:06:27.000 --> 00:06:28.640 to have the final plat approved, 00:06:28.640 --> 00:06:30.240 keep in mind it's typically synced up 00:06:30.240 --> 00:06:32.480 also with their civil engineering plans. 00:06:32.480 --> 00:06:34.620 And so since the state statute allows 00:06:34.620 --> 00:06:38.280 for essentially unlimited extensions for the applicants, 00:06:38.280 --> 00:06:39.580 hence why we try to work with them. 00:06:39.580 --> 00:06:42.700 So it's not uncommon for us to have final plats 00:06:42.700 --> 00:06:44.980 where they're on that first extension. 00:06:44.980 --> 00:06:46.880 Most projects usually are able 00:06:46.880 --> 00:06:50.040 to get their civil engineering plans 00:06:50.040 --> 00:06:53.600 and their plat wrapped up within that extension timeframe. 00:06:53.600 --> 00:06:55.660 We have had a handful of projects from time to time 00:06:55.660 --> 00:06:57.720 that might need a second extension, 00:06:57.720 --> 00:06:59.480 but what you're saying is not uncommon. 00:06:59.480 --> 00:07:03.200 - So when I see these extensions, 00:07:03.200 --> 00:07:05.560 like if we're seeing multiple extensions, 00:07:05.560 --> 00:07:08.680 then that's like a red flag or not necessarily? 00:07:08.680 --> 00:07:10.720 - It's not necessarily a red flag. 00:07:10.720 --> 00:07:13.480 Each site is unique many times 00:07:13.480 --> 00:07:16.640 and so has unique challenges that have to be worked through. 00:07:16.640 --> 00:07:18.520 And so a lot of times it's the applicant 00:07:18.520 --> 00:07:20.360 trying to work with our team 00:07:20.360 --> 00:07:22.840 on getting resolution of the staff comments 00:07:22.840 --> 00:07:24.320 because the final plat is linked 00:07:24.320 --> 00:07:26.720 to the civil engineering plans. 00:07:26.720 --> 00:07:29.040 Quality engineering doesn't always happen in 60 days. 00:07:29.040 --> 00:07:32.600 And so hence the extension requests that are provided for. 00:07:32.600 --> 00:07:35.960 So our goal is to get them to get their projects 00:07:35.960 --> 00:07:37.680 to compliance so they meet all their standards. 00:07:37.680 --> 00:07:39.640 So if that means they've got to get an extension 00:07:39.640 --> 00:07:42.120 on their plat, we don't see any harm in that. 00:07:42.120 --> 00:07:46.000 - Okay, I just noticed a lot of the recommendation 00:07:46.000 --> 00:07:47.340 to deny and extend. 00:07:47.340 --> 00:07:49.640 So I just wanted to make sure I had a clear understanding. 00:07:49.640 --> 00:07:51.040 - Absolutely. - Thank you. 00:07:51.040 --> 00:07:57.160 - Yeah, I'll just add to that from a lay perspective. 00:07:57.160 --> 00:08:01.240 That state requirement came in with what we refer to 00:08:01.240 --> 00:08:04.720 as the shot clock for plat applications, 00:08:04.720 --> 00:08:08.060 partially as a result of many jurisdictions, 00:08:08.060 --> 00:08:11.660 either because of capacity or because of desire, 00:08:11.660 --> 00:08:15.560 taking a very long time to take action on plats. 00:08:15.560 --> 00:08:19.640 Denton, even before that state law requirement was in place, 00:08:19.640 --> 00:08:22.480 was fairly expedient on these applications, 00:08:22.480 --> 00:08:27.000 but the language and how they're presented in the agenda 00:08:27.000 --> 00:08:28.720 is a function of that state law. 00:08:28.720 --> 00:08:36.760 Okay, now we will, for EFP250008, welcome. 00:08:38.060 --> 00:08:38.900 Matt. 00:08:38.900 --> 00:08:43.880 - There we go. 00:08:43.880 --> 00:08:51.160 All right, so this is FP250008. 00:08:51.160 --> 00:08:55.840 This is a final plat for a multifamily dwelling site 00:08:55.840 --> 00:09:00.840 with a Bay Zoning MN for a 0.265 acre site 00:09:00.840 --> 00:09:03.880 on the west side of Bryan Street, 00:09:03.880 --> 00:09:06.640 about 340 feet south of Scripture Street 00:09:06.640 --> 00:09:07.960 here in the city of Denton. 00:09:07.960 --> 00:09:11.960 Staff is recommending denial of this final plat, 00:09:11.960 --> 00:09:16.520 as it does not comply with the criteria for approval. 00:09:16.520 --> 00:09:19.560 This is the first extension of request 00:09:19.560 --> 00:09:22.360 the staff has no objection to. 00:09:22.360 --> 00:09:24.040 Remaining comments are fairly minor, 00:09:24.040 --> 00:09:26.740 so we do believe that they'll be able to achieve those 00:09:26.740 --> 00:09:30.160 within this extension review period. 00:09:30.160 --> 00:09:31.960 We're here to answer any questions. 00:09:31.960 --> 00:09:36.600 - Seeing none, thank you, Matt. 00:09:36.600 --> 00:09:41.600 And finally, item 4G, also for Matt, FP25006. 00:09:41.600 --> 00:09:43.200 - Yes. 00:09:43.200 --> 00:09:49.280 All right, so this one is closely related to, 00:09:49.280 --> 00:09:51.520 this one goes along with item 4F, 00:09:51.520 --> 00:09:54.960 which is a subdivision variance request, 00:09:54.960 --> 00:09:59.320 which I'll explain more when we go over that one. 00:09:59.320 --> 00:10:03.640 But this is a final plat in the city of Denton's ETJ. 00:10:03.640 --> 00:10:08.640 It's about a 9.64 acre site located on a private road 00:10:08.640 --> 00:10:13.880 about 1,500 feet east of FM 2064, or North Locust Street, 00:10:13.880 --> 00:10:17.340 and approximately 5,500 feet north of Loop 288. 00:10:17.340 --> 00:10:22.040 Staff's recommendation depends on 00:10:22.040 --> 00:10:24.880 how this plan zoning commission rules 00:10:24.880 --> 00:10:27.560 based on that subdivision variance. 00:10:27.560 --> 00:10:31.200 If the commission approves said variance, 00:10:31.200 --> 00:10:34.360 staff recommends approval of this final plat. 00:10:34.360 --> 00:10:36.480 If the commission decides to deny 00:10:36.480 --> 00:10:37.760 said subdivision variance, 00:10:37.760 --> 00:10:40.500 staff then recommends denial of the plat. 00:10:40.500 --> 00:10:44.040 - Thanks, Matt. 00:10:44.040 --> 00:10:48.460 I think we understand that. 00:10:48.460 --> 00:10:53.720 Quick question, I know we'll get to the variance in a minute, 00:10:53.720 --> 00:10:54.720 but I wanted to call this first, 00:10:54.720 --> 00:10:57.040 because the language is a little bit different 00:10:57.040 --> 00:11:00.020 from the denial in that, 00:11:01.360 --> 00:11:05.200 it, I guess my question would be, 00:11:05.200 --> 00:11:07.240 if the variance is denied, 00:11:07.240 --> 00:11:12.240 then is there a length of reapplication 00:11:12.240 --> 00:11:15.480 that would become troublesome for the applicant 00:11:15.480 --> 00:11:18.580 based on the plat timing? 00:11:18.580 --> 00:11:22.680 Because typically they'll repeal it 00:11:22.680 --> 00:11:27.480 so that they can reapply before that time expires 00:11:27.480 --> 00:11:30.640 of being able to submit a new plat application or something. 00:11:30.640 --> 00:11:33.120 Am I confusing everybody? 00:11:33.120 --> 00:11:34.560 I'm sorry. 00:11:34.560 --> 00:11:37.780 - So if I understand correctly, 00:11:37.780 --> 00:11:43.520 you are able to resubmit denied plat after a certain time. 00:11:43.520 --> 00:11:46.800 I don't know that time off the top of my head. 00:11:46.800 --> 00:11:52.280 It would be, and I still get this in the variance, 00:11:52.280 --> 00:11:54.160 it would be difficult, I would say, 00:11:54.160 --> 00:11:59.160 for them to reach approval if we did not approve it. 00:12:01.200 --> 00:12:03.400 - Okay, so it may be a non-issue then. 00:12:03.400 --> 00:12:05.640 Okay, so sorry for jumping ahead, 00:12:05.640 --> 00:12:10.640 but now we can go to item F, four F, the variance. 00:12:10.640 --> 00:12:13.420 Sorry, go ahead. 00:12:13.420 --> 00:12:14.520 - While he's pulling that out, 00:12:14.520 --> 00:12:16.960 so if the plat were denied, 00:12:16.960 --> 00:12:18.400 the applicant does have the ability 00:12:18.400 --> 00:12:21.040 to resubmit a plat application. 00:12:21.040 --> 00:12:22.760 Plats are not like zoning 00:12:22.760 --> 00:12:25.200 where we have a minimum time period 00:12:25.200 --> 00:12:27.840 for resubmission of applications. 00:12:27.840 --> 00:12:29.840 So if they're wanting to resubmit 00:12:29.840 --> 00:12:31.160 and pay the application fee, 00:12:31.160 --> 00:12:33.240 then we'll process the plat once again. 00:12:33.240 --> 00:12:38.240 So I'll let Matt be able to do his presentation 00:12:38.240 --> 00:12:39.760 on the variance and then, 00:12:39.760 --> 00:12:41.680 depending upon how the discussion goes, 00:12:41.680 --> 00:12:44.640 we can circle back on any plat questions if you have. 00:12:44.640 --> 00:12:45.480 - Thank you. 00:12:45.480 --> 00:12:46.680 No, I appreciate that. 00:12:46.680 --> 00:12:48.560 It's hard to keep all the timelines in my head. 00:12:48.560 --> 00:12:49.660 (laughing) 00:12:49.660 --> 00:12:51.760 - Yes, lots of different timelines. 00:12:51.760 --> 00:12:54.320 (laughing) 00:12:54.320 --> 00:12:57.360 Yes, so this is a subdivision variance, 00:12:57.360 --> 00:12:59.200 and since we have a few new commissioners 00:12:59.200 --> 00:13:02.560 I wanted to just briefly talk about what that is. 00:13:02.560 --> 00:13:05.200 So we try our best as staff to, 00:13:05.200 --> 00:13:06.440 when working with applicants, 00:13:06.440 --> 00:13:09.520 to get them to comply with their development standards. 00:13:09.520 --> 00:13:12.240 And in a few cases, that's not possible, 00:13:12.240 --> 00:13:13.880 so they seek a variance. 00:13:13.880 --> 00:13:16.040 Most of these variances do go through 00:13:16.040 --> 00:13:17.600 the Zoning Board of Adjustments, 00:13:17.600 --> 00:13:19.600 but when an applicant wants to vary 00:13:19.600 --> 00:13:21.840 from our subdivision standards, 00:13:21.840 --> 00:13:24.360 such as lot planning or lot access, 00:13:24.360 --> 00:13:27.120 it is this body, the Planning and Zoning Commission, 00:13:27.120 --> 00:13:30.480 that reviews those variance requests. 00:13:30.480 --> 00:13:32.440 There are certain criteria 00:13:32.440 --> 00:13:35.100 that they would have to meet for approval, 00:13:35.100 --> 00:13:38.480 and I'll get into, I'll go over each one specifically 00:13:38.480 --> 00:13:40.720 and staff's assessment about those 00:13:40.720 --> 00:13:43.320 in the overall presentation. 00:13:43.320 --> 00:13:45.200 But to summarize right now, 00:13:45.200 --> 00:13:48.600 as mentioned earlier, this is for a plat 00:13:48.600 --> 00:13:50.900 in the city of Denton, ETJ1, 00:13:50.900 --> 00:13:52.860 more on the north side of the city, 00:13:53.800 --> 00:13:58.800 off of FM2164 and north of Loop 288. 00:13:58.800 --> 00:14:02.960 The plat's purpose is to subdivide 00:14:02.960 --> 00:14:06.560 that nine-acre track into three lots. 00:14:06.560 --> 00:14:09.080 Their variance request is to allow 00:14:09.080 --> 00:14:11.120 more than three residential lots 00:14:11.120 --> 00:14:14.080 to use a private drive for access. 00:14:14.080 --> 00:14:17.900 Current requirements limit only three residential lots. 00:14:17.900 --> 00:14:22.000 Three single-family or town-owned residential lots 00:14:22.000 --> 00:14:25.840 to use a private access for access to a public street. 00:14:25.840 --> 00:14:27.600 So they are seeking a variance from that 00:14:27.600 --> 00:14:29.440 to allow more than said three. 00:14:29.440 --> 00:14:32.840 Staff is recommending, ultimately, 00:14:32.840 --> 00:14:34.080 approval of this variance. 00:14:34.080 --> 00:14:36.440 Some of the considerations that went 00:14:36.440 --> 00:14:41.000 into that recommendation is that the existing, 00:14:41.000 --> 00:14:44.440 the peculiar pattern of development 00:14:44.440 --> 00:14:46.840 in this area has created a situation 00:14:46.840 --> 00:14:49.520 in which there are more than three, 00:14:49.520 --> 00:14:52.760 there's seven properties that take access, 00:14:52.760 --> 00:14:55.720 exclusive access to a public street 00:14:55.720 --> 00:14:58.020 via this existing access easement. 00:14:58.020 --> 00:15:02.960 And that at least four of the, 00:15:02.960 --> 00:15:06.760 at least five of these lots, including the lot in question, 00:15:06.760 --> 00:15:10.100 have existing single-family residents on them. 00:15:10.100 --> 00:15:12.400 And so it would be very difficult 00:15:12.400 --> 00:15:14.400 and it would create a hardship on the owner 00:15:14.400 --> 00:15:19.280 of this particular tract to subdivide, 00:15:19.280 --> 00:15:22.320 to plot and then subsequently develop 00:15:22.320 --> 00:15:26.780 in a manner that's compliant with our development code. 00:15:26.780 --> 00:15:30.680 And these conditions have been in place 00:15:30.680 --> 00:15:35.680 since prior to this, to our code restriction being in place. 00:15:35.680 --> 00:15:42.320 I'll go a little more detail in the main presentation, 00:15:42.320 --> 00:15:44.280 but if there's any questions or if you want me 00:15:44.280 --> 00:15:47.400 to go over anything now, happy to do so. 00:15:50.160 --> 00:15:52.560 - Commissioner Carrillo, Prado Korea. 00:15:52.560 --> 00:15:56.520 - So can you just give me some background 00:15:56.520 --> 00:15:59.640 as to why it was set like this, 00:15:59.640 --> 00:16:01.900 that it would only be three or less? 00:16:01.900 --> 00:16:08.080 - So in the DDC, let's see. 00:16:08.080 --> 00:16:12.240 So this comes from sub-chapter eight, 00:16:12.240 --> 00:16:14.800 which is about our subdivision regulations 00:16:14.800 --> 00:16:17.060 is where that requirement is coming from, 00:16:18.000 --> 00:16:22.080 which says, up to three single-family detached 00:16:22.080 --> 00:16:24.840 dwelling units may access a public means 00:16:24.840 --> 00:16:29.480 by use of a flag drive or within a private access easement. 00:16:29.480 --> 00:16:33.320 And so those plotting or subdivision requirements 00:16:33.320 --> 00:16:37.280 do apply in the ETJ and would thus apply to this plat. 00:16:37.280 --> 00:16:44.520 Those were adopted with the current development code, 00:16:44.520 --> 00:16:46.420 which was passed in 2019. 00:16:48.360 --> 00:16:52.720 Which, and this particular track and these properties 00:16:52.720 --> 00:16:57.720 and this area has developed with more than three lots 00:16:57.720 --> 00:17:03.280 off of the single access drive prior to 2019. 00:17:03.280 --> 00:17:05.120 Does that help answer your question? 00:17:05.120 --> 00:17:06.240 - No, yeah, I understand that. 00:17:06.240 --> 00:17:08.120 I was just wondering, like, is there, 00:17:08.120 --> 00:17:10.960 I know you're saying that staff is pro-living 00:17:10.960 --> 00:17:14.280 towards having this approved, the variance approved, 00:17:14.280 --> 00:17:18.080 but my question was, why was it set to three? 00:17:18.080 --> 00:17:21.520 Is there a downfall to it in the case of an emergency 00:17:21.520 --> 00:17:23.640 for emergency vehicles? 00:17:23.640 --> 00:17:26.980 Like what's the, why was it decided that three 00:17:26.980 --> 00:17:28.960 would be the magic number in the first place? 00:17:28.960 --> 00:17:30.480 - Gotcha, gotcha. 00:17:30.480 --> 00:17:32.600 Yes, I think Tina will help answer. 00:17:32.600 --> 00:17:34.560 - So that is a great question. 00:17:34.560 --> 00:17:36.920 I think probably the only person who probably was here 00:17:36.920 --> 00:17:39.600 when we adopted the code was Julie, 00:17:39.600 --> 00:17:41.360 and I'm gonna look to you for a moment. 00:17:41.360 --> 00:17:44.000 Did this provision exist in the 02 code? 00:17:44.000 --> 00:17:49.000 Okay, so typically when we provide a limitation 00:17:49.000 --> 00:17:52.480 like this with three, ideally it's probably the goal 00:17:52.480 --> 00:17:55.080 at the time or when the codes were written 00:17:55.080 --> 00:17:59.260 was to have some reasonable number of lots 00:17:59.260 --> 00:18:02.680 that could take access off of the private street. 00:18:02.680 --> 00:18:05.400 Sometimes codes don't even have this allowance for them. 00:18:05.400 --> 00:18:07.320 It just assumes that everybody gets access 00:18:07.320 --> 00:18:08.800 off of a public street. 00:18:08.800 --> 00:18:11.580 So we have this allowance. 00:18:11.580 --> 00:18:14.800 You know, we look for a reasonable means of access. 00:18:14.800 --> 00:18:17.400 We have this variance provision to allow 00:18:17.400 --> 00:18:19.920 for consideration of more than three 00:18:19.920 --> 00:18:24.000 so that we can evaluate existing conditions. 00:18:24.000 --> 00:18:26.360 Is there something unique associated with it? 00:18:26.360 --> 00:18:28.740 In this case, there was multiple structures 00:18:28.740 --> 00:18:30.740 that had already been built in existence 00:18:30.740 --> 00:18:32.520 because it's out in the county 00:18:32.520 --> 00:18:34.360 and we don't regulate land use out in the county. 00:18:34.360 --> 00:18:38.720 So hence why we've got this variance process in place 00:18:38.720 --> 00:18:40.000 to be able to take into consideration 00:18:40.000 --> 00:18:41.920 those existing conditions to see whether or not 00:18:41.920 --> 00:18:43.960 it warrants deviation from it. 00:18:43.960 --> 00:18:45.760 We typically coordinate with the county 00:18:45.760 --> 00:18:49.660 and I believe they're fire marshal on the review 00:18:49.660 --> 00:18:51.600 to make sure that they have no issues with it 00:18:51.600 --> 00:18:53.880 either since it is dealing with access to properties. 00:18:53.880 --> 00:18:58.880 So probably, I don't know the full magic answer behind three 00:18:58.880 --> 00:19:01.280 but I would suspect that those were the considerations 00:19:01.280 --> 00:19:06.040 that were taken into, or that were, yeah, 00:19:06.040 --> 00:19:09.800 taken into consideration when that provision was established. 00:19:09.800 --> 00:19:13.680 - Okay, but being that it's 9.64 acres, 00:19:13.680 --> 00:19:16.960 I mean, there's ample space that there's not a concern 00:19:16.960 --> 00:19:20.040 if we were to allow for the variance then, right? 00:19:20.040 --> 00:19:21.760 - Correct. - Okay. 00:19:21.760 --> 00:19:23.200 - Yeah, if we had any concerns 00:19:23.200 --> 00:19:25.020 regarding the variance being requested, 00:19:25.020 --> 00:19:26.680 then our recommendation would be different. 00:19:26.680 --> 00:19:28.960 - Okay, perfect, thank you. 00:19:28.960 --> 00:19:31.320 - Yeah, and to confirm Tina's point, 00:19:31.320 --> 00:19:33.960 we did reach out to Denton County staff regarding this 00:19:33.960 --> 00:19:37.040 and their reviewer for fire safety 00:19:37.040 --> 00:19:40.880 did not have any issues with the proposed plat 00:19:40.880 --> 00:19:42.720 in this variance. 00:19:42.720 --> 00:19:43.560 - Thank you. 00:19:43.560 --> 00:19:46.480 - Commissioner Dive. 00:19:46.480 --> 00:19:50.040 - Okay, so the plat shows that this nine acres 00:19:50.040 --> 00:19:51.960 is gonna be divided into three, 00:19:51.960 --> 00:19:53.920 almost three acre parcels. 00:19:53.920 --> 00:19:54.760 - Correct. - Correct. 00:19:54.760 --> 00:19:57.280 And you talked about there's preexisting buildings. 00:19:57.280 --> 00:19:59.720 Are they homes or just? 00:19:59.720 --> 00:20:02.440 - Yes, yeah, so they are. 00:20:04.440 --> 00:20:09.080 - And are they located one on each lot, proposed lot, 00:20:09.080 --> 00:20:11.680 or are they all located on one of the lots? 00:20:11.680 --> 00:20:14.080 Is she wanting to build on the others? 00:20:14.080 --> 00:20:18.360 - So the applicant, she did provide this graphic for us 00:20:18.360 --> 00:20:20.120 that kind of illustrates her point. 00:20:20.120 --> 00:20:25.440 In blue is showing their proposed lot boundaries 00:20:25.440 --> 00:20:28.120 over a Google satellite image. 00:20:28.120 --> 00:20:31.940 And so the main structures, 00:20:31.940 --> 00:20:34.920 there's a house here on lot three, 00:20:34.920 --> 00:20:36.200 a house here on lot two, 00:20:36.200 --> 00:20:41.020 and then they're proposing to move this residential house 00:20:41.020 --> 00:20:46.020 onto lot one, as it would right now across the lot boundary 00:20:46.020 --> 00:20:48.360 that's on them. 00:20:48.360 --> 00:20:51.900 That is what they're proposing to do. 00:20:51.900 --> 00:20:56.120 - Is this affecting, I mean, I know that there's one 00:20:56.120 --> 00:20:58.360 named person, but is this like a family, 00:20:58.360 --> 00:20:59.680 like a generational family 00:20:59.680 --> 00:21:02.400 where they're all on the same property? 00:21:02.400 --> 00:21:05.560 - She did not specify that. 00:21:05.560 --> 00:21:08.640 All that was said regarding that is that these are, 00:21:08.640 --> 00:21:10.560 I guess, single family residences. 00:21:10.560 --> 00:21:13.280 - That would be a question that you could ask 00:21:13.280 --> 00:21:16.280 of the applicant, if you wish. 00:21:16.280 --> 00:21:20.360 Just remember also, since the property is out in the county, 00:21:20.360 --> 00:21:22.080 we cannot regulate land use. 00:21:22.080 --> 00:21:24.400 So if even she was wanting to, 00:21:24.400 --> 00:21:25.820 or if the property owner was wanting to use it 00:21:25.820 --> 00:21:27.080 for different purposes, 00:21:28.240 --> 00:21:30.920 our review is limited to the proposed land subdivision, 00:21:30.920 --> 00:21:33.280 making sure it has appropriate access, 00:21:33.280 --> 00:21:36.360 and then also extension of service for utilities. 00:21:36.360 --> 00:21:37.900 - Okay, thank you. 00:21:37.900 --> 00:21:43.460 - I just have one quick one. 00:21:43.460 --> 00:21:47.480 You mentioned that the county fire marshal reviewed. 00:21:47.480 --> 00:21:52.920 Is this area serviced by the county or serviced by the city? 00:21:52.920 --> 00:21:57.560 Or is it just sort of whoever can respond sooner 00:21:57.560 --> 00:21:59.440 when the call comes in? 00:21:59.440 --> 00:22:00.680 - I'll let Tina. 00:22:00.680 --> 00:22:03.360 - So great questions. 00:22:03.360 --> 00:22:04.920 So typically, it's my understanding 00:22:04.920 --> 00:22:07.640 the county fire marshal's office would determine 00:22:07.640 --> 00:22:09.320 which agency would report. 00:22:09.320 --> 00:22:14.320 So if they have the ability to service this area 00:22:14.320 --> 00:22:17.440 and be first responders, then they would do so. 00:22:17.440 --> 00:22:20.760 Otherwise, they can assign it to other municipalities 00:22:20.760 --> 00:22:22.440 to be part of the response team. 00:22:24.520 --> 00:22:29.320 It's my understanding in working with our fire chief, 00:22:29.320 --> 00:22:32.000 as well as others, it's all about many times, 00:22:32.000 --> 00:22:36.720 it's about when people are in an emergency need 00:22:36.720 --> 00:22:40.940 and responses needed, whoever's available 00:22:40.940 --> 00:22:42.960 is the one that is responding. 00:22:42.960 --> 00:22:46.320 So we do typically have interlocal agreements in place 00:22:46.320 --> 00:22:48.560 with other communities for response in areas 00:22:48.560 --> 00:22:51.000 that we cannot serve or where we would be delayed 00:22:51.000 --> 00:22:52.480 in getting service to. 00:22:52.480 --> 00:22:54.440 But ultimately, the way I understand it, 00:22:54.440 --> 00:22:56.800 it's the fire marshal's office at the county 00:22:56.800 --> 00:23:00.560 who would be the responding entity. 00:23:00.560 --> 00:23:02.780 - Okay, thank you. 00:23:02.780 --> 00:23:05.300 Any other questions? 00:23:05.300 --> 00:23:10.000 Seeing none, we'll look forward to it at the public hearing. 00:23:10.000 --> 00:23:12.880 I guess also, are there any other questions 00:23:12.880 --> 00:23:16.960 from a procedural perspective, given the application 00:23:16.960 --> 00:23:19.600 that comes after this individual consideration item? 00:23:19.600 --> 00:23:23.280 Okay. 00:23:23.280 --> 00:23:24.680 All right, thank you, Matt. 00:23:24.680 --> 00:23:34.280 That brings us to our public hearings. 00:23:34.280 --> 00:23:39.280 Item 5A is being withdrawn and will be re-noticed, 00:23:39.280 --> 00:23:44.480 so we will not take action on that item. 00:23:44.480 --> 00:23:49.480 Item B is S240006. 00:23:49.480 --> 00:23:52.360 Good afternoon, Erin. 00:23:52.360 --> 00:23:53.400 - Good afternoon. 00:23:53.400 --> 00:24:03.440 So this is a specific use permit 00:24:03.440 --> 00:24:05.480 for national equipment dealers, 00:24:05.480 --> 00:24:07.200 and I'll just give a brief summary here, 00:24:07.200 --> 00:24:09.680 and I'll have a longer presentation in the main session, 00:24:09.680 --> 00:24:11.720 but I'll be happy to answer any questions. 00:24:11.720 --> 00:24:13.960 This is a request for a specific use permit 00:24:13.960 --> 00:24:16.320 for equipment sales and rental use 00:24:16.320 --> 00:24:18.360 to facilitate a national equipment dealer's 00:24:18.360 --> 00:24:19.800 commercial business. 00:24:19.800 --> 00:24:23.280 This is an approximately 4.25-acre site 00:24:23.280 --> 00:24:27.120 just west of North I-35 and east of the terminus 00:24:27.120 --> 00:24:29.160 of Jim Crystal Road. 00:24:29.160 --> 00:24:32.400 You can see here, this is Jim Crystal, 00:24:32.400 --> 00:24:36.240 and it used to cut through, the road didn't cut through, 00:24:36.240 --> 00:24:38.760 but it was proposed to cut through. 00:24:38.760 --> 00:24:41.480 This was abandoned in the year 2000, 00:24:41.480 --> 00:24:45.360 and so the existing, what looks like a road cutting 00:24:45.360 --> 00:24:48.960 through the property is actually just utility easement today, 00:24:48.960 --> 00:24:52.720 and so staff is recommending approval of this request, 00:24:52.720 --> 00:24:54.440 it complies with all of our criteria, 00:24:54.440 --> 00:24:56.600 and I'll be happy to answer any questions. 00:24:56.600 --> 00:25:01.600 - Any questions? 00:25:01.600 --> 00:25:06.640 Seeing none, thank you, Erin. 00:25:06.640 --> 00:25:15.320 And then I'll let Bryce say a couple things 00:25:15.320 --> 00:25:20.320 for item 5C for this application. 00:25:20.320 --> 00:25:23.160 - Good evening, Commission, 00:25:23.160 --> 00:25:25.040 Bryce Van Arsdale, Assistant Planner. 00:25:25.040 --> 00:25:29.800 So with item 5C tonight, it was commercial animal services, 00:25:29.800 --> 00:25:34.800 it's a DCA 2411, I'm happy to pull up the presentation. 00:25:34.800 --> 00:25:38.840 We are asking that this item is withdrawn 00:25:38.840 --> 00:25:41.400 from the agenda tonight, as there was a business 00:25:41.400 --> 00:25:44.920 that has since moved, since our notices were sent out, 00:25:44.920 --> 00:25:47.040 and this change was not caught with the addressing, 00:25:47.040 --> 00:25:49.040 thank you, Chair Pruitt. 00:25:49.040 --> 00:25:52.520 So we will be noticing this address and this property 00:25:52.520 --> 00:25:55.240 for an additional hearing in the future. 00:25:55.240 --> 00:25:56.800 So for that reason, we're asking that tonight, 00:25:56.800 --> 00:25:58.800 this item is withdrawn from the agenda. 00:25:58.800 --> 00:26:02.760 - Any questions, sir? 00:26:02.760 --> 00:26:05.480 Okay, thank you, Bryce. 00:26:05.480 --> 00:26:06.320 - Thank you. 00:26:10.640 --> 00:26:15.640 And with that, at 529 p.m., 00:26:15.640 --> 00:26:18.640 I will bring our, without objection, 00:26:18.640 --> 00:26:20.600 I will bring our work session to a close. 00:26:20.600 --> 00:26:26.080 Thank you, we'll see you at 630 in the main auditorium. 00:26:26.080 --> 00:26:35.920 - Good evening, at 630 p.m. on Wednesday, March 19th, 00:26:35.920 --> 00:26:39.320 I will call this regular meeting 00:26:39.320 --> 00:26:42.200 of the Denton Planning and Zoning Commission to order. 00:26:42.200 --> 00:26:44.840 Our first order of business is the Pledge of Allegiance 00:26:44.840 --> 00:26:46.880 to the U.S. and Texas flag. 00:26:46.880 --> 00:26:53.080 - I pledge allegiance to the flag 00:26:53.080 --> 00:26:55.360 of the United States of America 00:26:55.360 --> 00:26:58.320 and to the republic for which it stands, 00:26:58.320 --> 00:27:01.880 one nation, under God, indivisible, 00:27:01.880 --> 00:27:04.080 with liberty and justice for all. 00:27:07.200 --> 00:27:12.200 - Under the Texas flag, I pledge allegiance to the Texas, 00:27:12.200 --> 00:27:16.120 one state, under God, one, and indivisible. 00:27:16.120 --> 00:27:27.600 - Our next item is item 2A, PZ25005, 00:27:27.600 --> 00:27:30.520 consider approval of the February 26th 00:27:30.520 --> 00:27:32.960 planning and zoning meeting minutes. 00:27:32.960 --> 00:27:34.040 Commissioner Villarreal. 00:27:34.040 --> 00:27:35.440 - Move approval. 00:27:35.440 --> 00:27:37.920 - Commissioner Prodokorio. 00:27:37.920 --> 00:27:38.760 - Second. 00:27:38.760 --> 00:27:43.640 - Any questions with that, we'll vote on the board. 00:27:43.640 --> 00:27:51.720 That item passes 4-0. 00:27:51.720 --> 00:27:53.840 That brings us to our consent agenda. 00:27:53.840 --> 00:27:58.720 Commissioner Villarreal. 00:27:58.720 --> 00:27:59.560 - Move approval. 00:27:59.560 --> 00:28:03.080 - Commissioner Prodokorio. 00:28:03.080 --> 00:28:05.120 - I second. 00:28:06.160 --> 00:28:08.840 - Any discussion or questions? 00:28:08.840 --> 00:28:11.360 With that, I will call for a vote on the board. 00:28:11.360 --> 00:28:18.480 That item passes 4-0. 00:28:18.480 --> 00:28:22.840 That brings us to our items for individual consideration. 00:28:22.840 --> 00:28:27.000 Item 4A, FP250013. 00:28:27.000 --> 00:28:30.080 - Good evening, commissioners. 00:28:30.080 --> 00:28:31.920 Cameron Robertson, principal planner. 00:28:36.160 --> 00:28:37.200 - There we go. 00:28:37.200 --> 00:28:40.640 This is for a final plot for the landmark edition. 00:28:40.640 --> 00:28:43.680 It's approximately 20 acres located on the northwest corner 00:28:43.680 --> 00:28:46.960 of Robeson Ranch Road and I-35 West. 00:28:46.960 --> 00:28:49.520 Staff is currently recommending denial, 00:28:49.520 --> 00:28:52.560 but staff has no objection to a first extension request 00:28:52.560 --> 00:28:53.960 of April 9th. 00:28:53.960 --> 00:28:55.520 I can stand for any questions. 00:28:55.520 --> 00:28:59.160 - Any questions? 00:28:59.160 --> 00:29:04.640 Seeing none, we have a motion. 00:29:05.920 --> 00:29:08.720 Or, commissioner Dyer. 00:29:08.720 --> 00:29:11.920 - I make a motion that we approve the extension. 00:29:11.920 --> 00:29:19.400 - Can you say to a date certain? 00:29:19.400 --> 00:29:20.960 That's fine. - Oh, to the April 9th. 00:29:20.960 --> 00:29:21.800 - Yes. 00:29:21.800 --> 00:29:24.720 And commissioner Prodokorio. 00:29:24.720 --> 00:29:27.320 - I second that. 00:29:27.320 --> 00:29:28.160 - Thank you. 00:29:28.160 --> 00:29:31.280 And I call for a vote on the board. 00:29:36.440 --> 00:29:40.920 - That item passes 3-1. 00:29:40.920 --> 00:29:47.240 The next item is 4B, FP250007. 00:29:47.240 --> 00:29:57.960 - Good evening, chair, members of the commission. 00:29:57.960 --> 00:30:00.040 Angie Manglaris, development review manager, 00:30:00.040 --> 00:30:03.120 here to present FP250007. 00:30:03.120 --> 00:30:06.560 This is a final plot for Elms Bend Multifamily. 00:30:06.560 --> 00:30:09.200 It is situated at the northeast corner of Audre Lane 00:30:09.200 --> 00:30:11.600 and Nottingham Drive at this time. 00:30:11.600 --> 00:30:13.040 There's still some comments to be worked out 00:30:13.040 --> 00:30:15.360 and staff is recommending denial of this final plot. 00:30:15.360 --> 00:30:18.280 However, staff has no objection to the extension request 00:30:18.280 --> 00:30:19.840 to a date certain of April 9th. 00:30:19.840 --> 00:30:22.200 Happy to answer any questions you all may have. 00:30:22.200 --> 00:30:28.000 - Any questions or a motion? 00:30:28.000 --> 00:30:32.240 Commissioner Prodokorio. 00:30:34.080 --> 00:30:38.480 - I move that we approve the extension to April 9th. 00:30:38.480 --> 00:30:43.160 - And commissioner Dyer. 00:30:43.160 --> 00:30:46.760 There's a second. 00:30:46.760 --> 00:30:50.440 And I will call for a vote on the board. 00:30:50.440 --> 00:30:59.040 And that item passes 3-1. 00:31:00.520 --> 00:31:04.920 Next item is item 4C, FP250009. 00:31:04.920 --> 00:31:08.320 - Good evening, Aaron Stanley, assistant planner. 00:31:08.320 --> 00:31:13.560 This is FP250009. 00:31:13.560 --> 00:31:18.280 This is the Hilltop Village addition located in the ETJ, 00:31:18.280 --> 00:31:20.360 just east of Hilltop Road. 00:31:20.360 --> 00:31:22.640 At this time, they have a few more comments to work out 00:31:22.640 --> 00:31:24.080 and staff is recommending denial, 00:31:24.080 --> 00:31:27.240 but we have no objection to their requested extension 00:31:27.240 --> 00:31:28.080 to April 9th. 00:31:30.120 --> 00:31:31.000 - Thank you, Aaron. 00:31:31.000 --> 00:31:33.080 Any questions or a motion? 00:31:33.080 --> 00:31:38.160 Commissioner Prodokorio. 00:31:38.160 --> 00:31:42.040 - So I approve that we accept the extension to April 9th. 00:31:42.040 --> 00:31:45.240 - And commissioner Dyer. 00:31:45.240 --> 00:31:46.840 - I'll go ahead and second that. 00:31:46.840 --> 00:31:51.280 - Seeing no questions, I'll call for a vote on the board. 00:31:58.680 --> 00:32:01.720 And that item passes 3-1. 00:32:01.720 --> 00:32:04.720 That brings us to item 4D. 00:32:04.720 --> 00:32:08.880 Julie. 00:32:08.880 --> 00:32:11.440 - Good evening, Julie Wyatt, principal planner. 00:32:11.440 --> 00:32:13.680 This is a final plat for villages on McKinney. 00:32:13.680 --> 00:32:15.400 It's about a 12 acre site 00:32:15.400 --> 00:32:17.680 located on the north side of McKinney. 00:32:17.680 --> 00:32:22.680 The purpose of the final plat is to create 113 00:32:22.680 --> 00:32:25.880 zero lot line residential lots. 00:32:25.880 --> 00:32:27.880 They do have some items they do need to work out 00:32:27.880 --> 00:32:30.240 in order to meet the criteria for approval. 00:32:30.240 --> 00:32:33.240 However, staff is, so we are recommending denial. 00:32:33.240 --> 00:32:37.520 However, staff has no objection 00:32:37.520 --> 00:32:41.200 to the proposed extension to the April 9th P&Z. 00:32:41.200 --> 00:32:43.320 And I'll be happy to answer any questions. 00:32:43.320 --> 00:32:47.000 - I have a question. 00:32:47.000 --> 00:32:48.280 - Commissioner Dyer. 00:32:48.280 --> 00:32:52.880 - If we vote not to extend the request to April 9th, 00:32:52.880 --> 00:32:55.320 like what happens to this process? 00:32:57.080 --> 00:33:00.000 - So there are kind of three options 00:33:00.000 --> 00:33:02.960 to approve the extension, to deny the plat, 00:33:02.960 --> 00:33:04.920 or to approve the plat. 00:33:04.920 --> 00:33:09.920 So as far as options other than. 00:33:09.920 --> 00:33:12.320 - I mean, if you were to deny the plat, 00:33:12.320 --> 00:33:15.840 then it's denied and the applicant would have to resubmit. 00:33:15.840 --> 00:33:17.480 If you're going to make a motion for denial, 00:33:17.480 --> 00:33:20.400 you need to cite the reasons as such. 00:33:20.400 --> 00:33:21.600 Since it is a plat, you know, 00:33:21.600 --> 00:33:23.360 as we discussed in the work session, 00:33:23.360 --> 00:33:25.400 the state statute does provide opportunities 00:33:25.400 --> 00:33:27.680 for the extension and we try to work with applicants 00:33:27.680 --> 00:33:30.560 to get their engineering plans to an approval state, 00:33:30.560 --> 00:33:32.280 which has an impact on the plat as well. 00:33:32.280 --> 00:33:36.520 So, but again, if you're going to make a motion for denial 00:33:36.520 --> 00:33:38.080 on it, I would ask for you to cite the reasons 00:33:38.080 --> 00:33:42.360 why the plat's not being made a motion for, 00:33:42.360 --> 00:33:46.640 or make sure you cite the provisions within the code 00:33:46.640 --> 00:33:48.520 as for the motion for denial. 00:33:48.520 --> 00:33:51.360 - Sure. 00:33:51.360 --> 00:33:53.960 And just a little reminder, as Tina said, 00:33:53.960 --> 00:33:58.960 that specifically for plat, the reason for voting against 00:33:58.960 --> 00:34:03.240 needs to be related to one of the subdivision regulations 00:34:03.240 --> 00:34:04.560 that was not met. 00:34:04.560 --> 00:34:06.600 There's less discretion with plat 00:34:06.600 --> 00:34:10.640 than there are with zoning entitlement decisions. 00:34:10.640 --> 00:34:17.120 - And just a question for legal. 00:34:20.440 --> 00:34:24.600 Our procedures provide for essentially, 00:34:24.600 --> 00:34:29.600 in a case of a tie vote, the item is considered again 00:34:29.600 --> 00:34:33.760 at the next meeting. 00:34:33.760 --> 00:34:38.160 How does that interact with the shot clock request? 00:34:38.160 --> 00:34:39.640 - That's a great question. 00:34:39.640 --> 00:34:41.360 Tina looks like she might have an answer. 00:34:41.360 --> 00:34:43.320 I'm gonna verify something real quick. 00:34:43.320 --> 00:34:45.000 - I was gonna say, if you could please verify, 00:34:45.000 --> 00:34:49.360 but with the result of the, if a plat had a tie vote, 00:34:49.360 --> 00:34:54.360 then I believe it by default then is considered not approved. 00:34:54.360 --> 00:34:55.880 So then it's denied. 00:34:55.880 --> 00:34:59.080 I would caution us on that for the reasons 00:34:59.080 --> 00:35:01.000 that Hillary had just cited, 00:35:01.000 --> 00:35:03.240 particularly with respect to, you know, again, 00:35:03.240 --> 00:35:04.560 we're trying to get these, 00:35:04.560 --> 00:35:08.400 we have less subjective abilities with regarding plat, 00:35:08.400 --> 00:35:10.080 like you do on zoning, for example. 00:35:10.080 --> 00:35:14.800 So the plat, you know, it either meets all the requirements 00:35:14.800 --> 00:35:15.680 or it doesn't. 00:35:15.680 --> 00:35:17.240 Again, we try to work with the applicants 00:35:17.240 --> 00:35:20.400 to get their plat along with their civil engineering plans 00:35:20.400 --> 00:35:24.240 in a position of approval-ness. 00:35:24.240 --> 00:35:25.280 I think I said earlier, you know, 00:35:25.280 --> 00:35:27.400 quality engineering can't happen in 60 days. 00:35:27.400 --> 00:35:29.200 My apologies, I should have said 30 days 00:35:29.200 --> 00:35:31.520 because the 30 day provision is what's provided 00:35:31.520 --> 00:35:32.960 for in the state statute. 00:35:32.960 --> 00:35:35.360 But we wanna make sure our projects are designed properly 00:35:35.360 --> 00:35:36.560 in accordance with our standards. 00:35:36.560 --> 00:35:39.560 So hence why staff typically supports the extension request. 00:35:39.560 --> 00:35:44.600 - Any other questions? 00:35:44.600 --> 00:35:46.320 No? 00:35:46.320 --> 00:35:47.360 Okay. 00:35:47.360 --> 00:35:48.200 Commissioner Dyer. 00:35:48.200 --> 00:35:51.680 - I would like to make a motion to go ahead 00:35:51.680 --> 00:35:53.600 and extend to the April 9th meeting. 00:35:53.600 --> 00:35:54.440 - Okay. 00:35:54.440 --> 00:35:56.200 Commissioner Prover-Carrillo. 00:35:56.200 --> 00:35:57.560 - I'll second that motion. 00:35:57.560 --> 00:36:00.120 - Seeing no other questions, 00:36:00.120 --> 00:36:02.280 I'll call for a vote on the board. 00:36:02.280 --> 00:36:08.720 And that item passes three, one. 00:36:08.720 --> 00:36:15.960 That brings us to item four E, 00:36:15.960 --> 00:36:18.360 FP250008. 00:36:18.360 --> 00:36:28.040 - Good evening, Commissioner Matt Bodine, 00:36:28.040 --> 00:36:28.960 Assistant Planner. 00:36:28.960 --> 00:36:33.960 Here to present a final plat for a .265 acre site 00:36:33.960 --> 00:36:39.360 on Bryan Street, about 340 feet south of Scripture Street 00:36:39.360 --> 00:36:41.280 in the city of Denton. 00:36:41.280 --> 00:36:44.640 At this time, this plat does not meet the criteria 00:36:44.640 --> 00:36:47.200 for approvals, so we cannot recommend approval. 00:36:47.200 --> 00:36:50.360 But we have no objection to the request extension 00:36:50.360 --> 00:36:51.960 to a date certain of April 9th. 00:36:51.960 --> 00:36:55.800 - Thank you, Matt. 00:36:55.800 --> 00:36:58.680 Any questions or a motion? 00:36:58.680 --> 00:37:00.240 Commissioner Prover-Carrillo. 00:37:00.240 --> 00:37:04.200 - I motion that we approve the extension until April 9th. 00:37:04.200 --> 00:37:05.080 - Commissioner Dyer. 00:37:05.080 --> 00:37:07.040 - I will second that. 00:37:07.040 --> 00:37:08.640 - And seeing no other questions, 00:37:08.640 --> 00:37:10.400 I'll call for a vote on the board. 00:37:15.480 --> 00:37:19.360 And that item passes three, one. 00:37:19.360 --> 00:37:24.360 That brings us to item four FV2500029. 00:37:24.360 --> 00:37:36.560 - Matt Bodine, Assistant Planner. 00:37:36.560 --> 00:37:39.360 Here to present a subdivision variance 00:37:39.360 --> 00:37:44.360 for a final plat FB250006. 00:37:44.680 --> 00:37:46.760 Which is on today's meeting agenda. 00:37:46.760 --> 00:37:50.240 So just a reminder. 00:37:50.240 --> 00:37:54.520 This plat is located in the ETJ1 of the city of Denton. 00:37:54.520 --> 00:37:58.480 So in the county, in an area where we have 00:37:58.480 --> 00:38:01.360 planning authority, but any sort of zoning 00:38:01.360 --> 00:38:05.000 and building permitting is through the county. 00:38:05.000 --> 00:38:10.000 It's about 5500 feet north of loop 288 on a private road. 00:38:10.000 --> 00:38:14.040 The tract itself is about nine acre tract. 00:38:14.040 --> 00:38:15.840 With access to a public street 00:38:15.840 --> 00:38:19.320 through an existing private access easement. 00:38:19.320 --> 00:38:22.560 With existing single family residents on it. 00:38:22.560 --> 00:38:26.300 And the plat is proposing to subdivide into three lots. 00:38:26.300 --> 00:38:31.060 They are requesting a variance from our lot planning 00:38:31.060 --> 00:38:33.560 subdivision regulations. 00:38:33.560 --> 00:38:36.600 Specifically to allow more than three residential lots 00:38:36.600 --> 00:38:38.520 to access a public street by means 00:38:38.520 --> 00:38:40.440 of a private access easement. 00:38:41.600 --> 00:38:44.680 In the consideration, staff found it to be true 00:38:44.680 --> 00:38:47.360 that granting this variance would not be detrimental 00:38:47.360 --> 00:38:51.000 to the public safety, health or welfare. 00:38:51.000 --> 00:38:53.560 Nor would it be injurious to other property owners. 00:38:53.560 --> 00:38:59.080 Due to Denton County Fire Marshal having no issues 00:38:59.080 --> 00:39:01.840 and there being no expected increase in traffic. 00:39:01.840 --> 00:39:06.960 Regarding the consideration of the physical surroundings 00:39:06.960 --> 00:39:09.560 or conditions of the specific property. 00:39:09.560 --> 00:39:13.280 Staff did find that the peculiar pattern of development 00:39:13.280 --> 00:39:15.720 in this area creates a hardship. 00:39:15.720 --> 00:39:18.920 There are already over, there are seven properties 00:39:18.920 --> 00:39:21.620 that take access from this private easement. 00:39:21.620 --> 00:39:25.280 At least five of them have known residential buildings 00:39:25.280 --> 00:39:28.320 on them and would be considered residential lots. 00:39:28.320 --> 00:39:30.920 And so whether the property decide to apply as one, 00:39:30.920 --> 00:39:34.840 three or 10, it would require a variance before you 00:39:34.840 --> 00:39:37.720 based on the requirement they're seeking a variance from. 00:39:37.720 --> 00:39:41.640 In any attempt to create a flag drive would be difficult. 00:39:41.640 --> 00:39:44.360 And that flag drive length would again require 00:39:44.360 --> 00:39:45.720 a variance from this body. 00:39:45.720 --> 00:39:50.280 So any way you go about it, a variance would be needed 00:39:50.280 --> 00:39:53.440 in order for this person to plot 00:39:53.440 --> 00:39:55.920 and then subsequently develop on this lot. 00:39:55.920 --> 00:40:02.840 This variance request is not expected to vary 00:40:02.840 --> 00:40:06.600 the provisions of Denton's codes or plans. 00:40:06.600 --> 00:40:09.720 It meets all the subdivision requirements 00:40:09.720 --> 00:40:12.620 except for the requested variance. 00:40:12.620 --> 00:40:17.120 There is also a future right away easement on the property 00:40:17.120 --> 00:40:21.440 to preserve a corridor for a future primary material 00:40:21.440 --> 00:40:23.860 as identified in the mobility plan. 00:40:23.860 --> 00:40:29.920 Finally, these conditions that lead to this request 00:40:29.920 --> 00:40:34.920 and hardship have an existence prior to the code requirements. 00:40:35.920 --> 00:40:37.720 It's been recorded with Denton County 00:40:37.720 --> 00:40:40.240 this particular lot configuration 00:40:40.240 --> 00:40:44.800 that is out of compliance since at least 1987, 00:40:44.800 --> 00:40:48.160 well before our requirement for a maximum three lots 00:40:48.160 --> 00:40:53.160 was in place and hence not the action of the owner 00:40:53.160 --> 00:40:54.900 of this piece of land. 00:40:54.900 --> 00:41:01.240 With these considerations in mind staff does recommend 00:41:01.240 --> 00:41:03.720 approval of this subdivision variance requests 00:41:03.720 --> 00:41:06.480 as it complains with the criteria for approval 00:41:06.480 --> 00:41:08.720 in the Denton development code. 00:41:08.720 --> 00:41:12.040 At this time, I'm willing to take any questions. 00:41:12.040 --> 00:41:21.120 - Any questions or motion? 00:41:21.120 --> 00:41:25.840 Commissioner Prado-Carrillo. 00:41:25.840 --> 00:41:31.200 - Okay, I move that we approve 00:41:31.200 --> 00:41:33.120 the subdivision variance request. 00:41:34.640 --> 00:41:39.080 - Okay, and Commissioner Dyer. 00:41:39.080 --> 00:41:40.120 - I will second that. 00:41:40.120 --> 00:41:43.720 - Any discussion or questions? 00:41:43.720 --> 00:41:47.360 Seeing none, I'll call for a vote on the board. 00:41:47.360 --> 00:41:54.500 That item passes three one. 00:41:54.500 --> 00:42:00.400 That brings us to item four G, FP25-0006. 00:42:04.560 --> 00:42:09.560 - Okay, let's see, there we go. 00:42:09.560 --> 00:42:14.960 Matt Bodean here presents a final plat 00:42:14.960 --> 00:42:20.040 for the piece of property that was under question 00:42:20.040 --> 00:42:22.280 regarding the variance that was just approved. 00:42:22.280 --> 00:42:26.280 This piece of property is an EGJ. 00:42:26.280 --> 00:42:29.520 Since planning zoning commission 00:42:29.520 --> 00:42:32.520 approved the subdivision variance request 00:42:32.520 --> 00:42:33.880 associated with this final plat, 00:42:33.880 --> 00:42:37.200 staff is recommending approval of said final plat. 00:42:37.200 --> 00:42:42.080 - Commissioner Villarreal. 00:42:42.080 --> 00:42:42.920 - Move approval. 00:42:42.920 --> 00:42:48.920 - Commissioner Prado-Carrillo. 00:42:48.920 --> 00:42:50.320 - I second. 00:42:50.320 --> 00:42:52.420 - Any discussion or questions? 00:42:52.420 --> 00:42:56.440 Seeing none, I'll call for a vote on the board. 00:43:01.620 --> 00:43:03.240 That item passes four zero. 00:43:03.240 --> 00:43:08.720 That brings us to our public hearings. 00:43:08.720 --> 00:43:13.720 The first item, five A, is requested to be withdrawn. 00:43:13.720 --> 00:43:17.880 It'll be re-noticed for a future meeting. 00:43:17.880 --> 00:43:23.920 That brings us to item five B, S24-0006. 00:43:30.520 --> 00:43:35.520 - Good evening, this is a specific use permit request 00:43:35.520 --> 00:43:37.280 for national equipment dealers, 00:43:37.280 --> 00:43:38.880 Aaron Stanley, assistant planner. 00:43:38.880 --> 00:43:43.360 This is a request for an equipment sales and rental use 00:43:43.360 --> 00:43:46.160 to allow the development of a national equipment dealers 00:43:46.160 --> 00:43:47.860 commercial business. 00:43:47.860 --> 00:43:51.560 This business will facilitate the sale of construction 00:43:51.560 --> 00:43:54.400 and agriculture equipment such as earth moving 00:43:54.400 --> 00:43:58.240 carrier equipment, excavators, bulldozers, dump trucks, 00:43:58.240 --> 00:44:00.820 compactors, pavers, things like that. 00:44:00.820 --> 00:44:04.760 And this site is generally located west of I-35 00:44:04.760 --> 00:44:08.440 and east of the terminus of Jim Crystal Road, 00:44:08.440 --> 00:44:11.560 right where the portion of Jim Crystal was abandoned 00:44:11.560 --> 00:44:16.160 in the year 2000 and a utility easement lies today. 00:44:16.160 --> 00:44:19.080 The subject site is zoned light industrial today 00:44:19.080 --> 00:44:22.320 and the future land use is regional mixed use. 00:44:22.320 --> 00:44:26.980 So here is the proposed site plan. 00:44:28.400 --> 00:44:32.740 The specific use permit is proposing one 12,000 00:44:32.740 --> 00:44:36.160 square foot building that would have the sales area 00:44:36.160 --> 00:44:39.320 as well as office space and have 7,000 square feet 00:44:39.320 --> 00:44:42.720 of warehouse space that's associated with maintaining 00:44:42.720 --> 00:44:45.600 and storing some of the equipment that they sell on site. 00:44:45.600 --> 00:44:51.800 There is also an equipment display area circled in purple. 00:44:51.800 --> 00:44:56.360 This is an outdoor area that is adjacent to the right of way 00:44:56.360 --> 00:45:00.040 is about 42,000 square feet and would have all of 00:45:00.040 --> 00:45:03.880 the equipment that they're selling, any outdoor storage 00:45:03.880 --> 00:45:07.640 of parts or any other things that are not for immediate sale 00:45:07.640 --> 00:45:09.680 would need to be opaquely screened. 00:45:09.680 --> 00:45:15.960 And the building is approximately 31.5 feet 00:45:15.960 --> 00:45:18.560 and they are proposing 24 vehicular spaces 00:45:18.560 --> 00:45:20.960 circled in yellow. 00:45:20.960 --> 00:45:23.200 The easement that I mentioned in the previous slide 00:45:23.200 --> 00:45:27.800 is in red additionally, there's a 60 foot utility easement 00:45:27.800 --> 00:45:32.280 and then there's gas easement and electric lines there. 00:45:32.280 --> 00:45:36.040 So this is about 90 feet of area that they are proposing 00:45:36.040 --> 00:45:40.480 their storage or their equipment display area 00:45:40.480 --> 00:45:43.260 and their parking, so all paved surfaces. 00:45:43.260 --> 00:45:48.880 Their landscape area here, so the requirement 00:45:48.880 --> 00:45:50.800 is 15% landscape area. 00:45:50.800 --> 00:45:54.760 They are proposing 27.6, including the detention pond 00:45:54.760 --> 00:45:57.600 that's over, this is the south side of the site 00:45:57.600 --> 00:46:03.720 and 23.4% tree canopy out of a 20% requirement. 00:46:03.720 --> 00:46:07.320 A landscape compatibility buffer was required 00:46:07.320 --> 00:46:10.720 on the north side of the site, it's circled in green. 00:46:10.720 --> 00:46:13.080 This is to buffer from the self storage use 00:46:13.080 --> 00:46:14.600 that is to the north of the site 00:46:14.600 --> 00:46:16.800 and is classified as an industrial use. 00:46:16.800 --> 00:46:20.340 And then there are a few landscape alternatives 00:46:20.340 --> 00:46:24.560 that staff did approve in reviewing this plan. 00:46:24.560 --> 00:46:26.820 Street trees are required for all of our sites 00:46:26.820 --> 00:46:28.440 and with this being a textile roadway 00:46:28.440 --> 00:46:30.680 and having a good amount of utility easement 00:46:30.680 --> 00:46:33.160 along the right of way, they did move these further back 00:46:33.160 --> 00:46:35.460 on site and one street tree was relocated 00:46:35.460 --> 00:46:37.620 to the rear parking area, circled in blue. 00:46:37.620 --> 00:46:41.660 And then a few trees from their parking lot landscaping 00:46:41.660 --> 00:46:44.160 were also relocated to the rear of the site 00:46:44.160 --> 00:46:45.640 due to these utility easements 00:46:45.640 --> 00:46:47.920 and not allowing trees in this area. 00:46:51.200 --> 00:46:53.840 This project does meet the criteria for approval 00:46:53.840 --> 00:46:55.840 set out in the DDC. 00:46:55.840 --> 00:46:58.440 It meets the goals of the comprehensive plan 00:46:58.440 --> 00:47:00.000 and the future land use map. 00:47:00.000 --> 00:47:02.960 Some of these goals are to reinvest, revitalize 00:47:02.960 --> 00:47:05.460 and redevelop key growth corridors, 00:47:05.460 --> 00:47:09.460 which this would do as this is a currently undeveloped lot. 00:47:09.460 --> 00:47:13.780 Another goal is to increase the city's job to worker ratio 00:47:13.780 --> 00:47:17.200 and increase specifically jobs within the agricultural 00:47:17.200 --> 00:47:21.220 construction and retail sectors, which this would do as well. 00:47:21.220 --> 00:47:26.560 The proposal is also consistent with the LI zoning district 00:47:26.560 --> 00:47:29.600 and is not expected to generate any adverse fiscal, 00:47:29.600 --> 00:47:33.160 environmental or infrastructure impacts. 00:47:33.160 --> 00:47:36.260 And utilities do already serve and cross the property. 00:47:36.260 --> 00:47:40.880 Public outreach was conducted in accordance 00:47:40.880 --> 00:47:43.760 with state law in the DDC and staff did receive 00:47:43.760 --> 00:47:45.800 one response in favor from the property 00:47:45.800 --> 00:47:48.500 to the south of this subject area. 00:47:48.500 --> 00:47:53.720 And staff is recommending approval of the SUP 00:47:53.720 --> 00:47:55.880 with the following conditions. 00:47:55.880 --> 00:47:58.240 To go through them real quickly, the first one is that 00:47:58.240 --> 00:48:01.160 the development does need to substantially comply 00:48:01.160 --> 00:48:04.140 with the attached site plan and landscape plan. 00:48:04.140 --> 00:48:09.200 There are a few ways that it could change. 00:48:09.200 --> 00:48:12.200 They would not be allowed to increase equipment sales 00:48:12.200 --> 00:48:15.140 and rental use area, not be allowed to change 00:48:15.140 --> 00:48:19.240 parking requirements, reduce buffering or screening, 00:48:19.240 --> 00:48:23.260 or decrease the total landscape area by more than 5%. 00:48:23.260 --> 00:48:27.640 Number two on these conditions does require that 00:48:27.640 --> 00:48:29.240 even if they're not doing any of these things, 00:48:29.240 --> 00:48:32.360 staff can say that the change to the specific use permit 00:48:32.360 --> 00:48:34.820 would warrant coming before this body again. 00:48:34.820 --> 00:48:38.920 The third is just acknowledging that this is 00:48:38.920 --> 00:48:40.880 a TxDOT roadway they are adjacent to. 00:48:40.880 --> 00:48:43.320 TxDOT is making some changes along I-35, 00:48:43.320 --> 00:48:47.040 so if TxDOT does need them to change their access, 00:48:47.040 --> 00:48:50.540 as long as it still matches on site, that can be done. 00:48:50.540 --> 00:48:55.480 And the fourth is talking about the outdoor storage. 00:48:55.480 --> 00:48:58.040 So at this time, the applicant is not proposing 00:48:58.040 --> 00:48:59.280 any outdoor storage. 00:48:59.280 --> 00:49:03.360 If that changes as they develop, they would be able 00:49:03.360 --> 00:49:05.960 to make the necessary changes to their fencing 00:49:05.960 --> 00:49:08.220 to be able to screen that outdoor storage 00:49:08.220 --> 00:49:09.500 from the rights of way. 00:49:10.560 --> 00:49:13.400 And number five is just that the zoning map 00:49:13.400 --> 00:49:15.380 will reflect the specific use permit. 00:49:15.380 --> 00:49:19.760 So their next steps would be city council on April 15th, 00:49:19.760 --> 00:49:21.600 and I will stand for any questions. 00:49:21.600 --> 00:49:26.040 - Thank you, Erin. 00:49:26.040 --> 00:49:32.660 Any questions for staff at this time? 00:49:32.660 --> 00:49:38.200 I will open the public hearing at this time. 00:49:38.200 --> 00:49:40.680 I don't have any cards wishing to speak, 00:49:40.680 --> 00:49:42.340 but this is a public hearing. 00:49:42.340 --> 00:49:45.600 If you would like to come down and share any thoughts, 00:49:45.600 --> 00:49:46.520 you're welcome to. 00:49:46.520 --> 00:49:54.240 Seeing no movement. 00:49:54.240 --> 00:49:57.000 I do have a question, I don't know if it's better 00:49:57.000 --> 00:49:58.580 for staff or the applicant. 00:49:58.580 --> 00:50:02.960 Condition three, if you can flip back to your condition, 00:50:02.960 --> 00:50:04.960 it's a recommended conditions slide. 00:50:07.280 --> 00:50:08.640 So let me set the stage for this. 00:50:08.640 --> 00:50:11.440 I noticed that, as you said, the street trees 00:50:11.440 --> 00:50:13.320 are moved back to behind the easement, 00:50:13.320 --> 00:50:18.720 and condition three is worded as if tech stop plans 00:50:18.720 --> 00:50:22.080 on widening or changing. 00:50:22.080 --> 00:50:25.120 And my understanding is there's an approved funded project 00:50:25.120 --> 00:50:30.120 for this 35 EW I-35Y, so I imagine changes are coming. 00:50:30.120 --> 00:50:37.160 So I'm just, I'm wondering whether that project 00:50:37.160 --> 00:50:39.160 is far enough along that we've had discussions 00:50:39.160 --> 00:50:42.600 with tech stop to understand whether the widening 00:50:42.600 --> 00:50:46.160 of the right of way would cause all the trees 00:50:46.160 --> 00:50:48.240 that we're planning to be cut down. 00:50:48.240 --> 00:50:49.080 Does that make sense? 00:50:49.080 --> 00:50:51.680 - No, the applicant has, it does make sense, yes. 00:50:51.680 --> 00:50:54.000 We have been working with tech stop on this project, 00:50:54.000 --> 00:50:57.720 and so it is worded that if the plans for widening 00:50:57.720 --> 00:51:01.680 impact the subject property, we don't anticipate 00:51:01.680 --> 00:51:04.000 that they will, and the applicant has been talking 00:51:04.000 --> 00:51:08.280 with tech stop and is aware of how tech stop updates 00:51:08.280 --> 00:51:11.080 will impact the subject property. 00:51:11.080 --> 00:51:14.160 This is just kind of a carve out in case things change, 00:51:14.160 --> 00:51:17.800 but the applicant is aware of what tech stop plans 00:51:17.800 --> 00:51:18.640 are right now. 00:51:18.640 --> 00:51:20.520 - It looks like maybe the, if you can come down 00:51:20.520 --> 00:51:24.520 and identify yourself and feel free to speak. 00:51:24.520 --> 00:51:27.280 - Mack Mackey with Kimley Horn, 100 West Oak Street, 00:51:27.280 --> 00:51:30.680 Suite 203, Denton, Texas. 00:51:30.680 --> 00:51:34.120 So, do you have the site plan that we could open? 00:51:34.120 --> 00:51:43.680 Yeah, so essentially the thick black line that you see 00:51:43.680 --> 00:51:47.080 on the top of this site plan, that's the ultimate 00:51:47.080 --> 00:51:50.160 tech stop taking right of way that has already happened, 00:51:50.160 --> 00:51:54.280 and then there's a 20 foot PUE on the eastern side 00:51:54.280 --> 00:51:55.880 of the site, so the taking has already happened, 00:51:55.880 --> 00:51:59.000 and the PUE is already in place for the current improvements 00:51:59.000 --> 00:52:02.000 that are currently designed and in construction, so. 00:52:02.000 --> 00:52:03.760 - Okay, thank you, that answered my question. 00:52:03.760 --> 00:52:05.640 I just wanted to make sure that we weren't gonna set up 00:52:05.640 --> 00:52:09.480 a situation where you would, by that provision three, 00:52:09.480 --> 00:52:12.440 you would be forced to come back for a new SUP 00:52:12.440 --> 00:52:14.560 just because a position of a tree changed. 00:52:14.560 --> 00:52:16.480 - Yeah, I can't speak to what tech stop's gonna do 00:52:16.480 --> 00:52:19.520 in 2040, but the current plan, that is the taking, 00:52:19.520 --> 00:52:20.800 and that is the PUE, so. 00:52:20.800 --> 00:52:21.800 - Thank you very much. 00:52:25.960 --> 00:52:29.600 At this point, any other public wishing to speak 00:52:29.600 --> 00:52:30.480 on this item? 00:52:30.480 --> 00:52:35.160 Seeing none, I will close the public hearing. 00:52:35.160 --> 00:52:39.480 Any questions from the commission or a motion? 00:52:39.480 --> 00:52:46.880 Or discussion? 00:52:46.880 --> 00:52:53.000 Commissioner Prodokorio? 00:52:55.880 --> 00:52:58.320 - I'll make a motion that we approve the SUP 00:52:58.320 --> 00:53:00.120 with the conditions listed. 00:53:00.120 --> 00:53:01.280 - Okay, thank you. 00:53:01.280 --> 00:53:05.320 Commissioner Dyer? 00:53:05.320 --> 00:53:08.280 Thank you. 00:53:08.280 --> 00:53:10.640 It's a second from Commissioner Dyer. 00:53:10.640 --> 00:53:13.360 And any discussion? 00:53:13.360 --> 00:53:16.520 More questions? 00:53:16.520 --> 00:53:21.400 I'll just say, you know, 35 is a big, 00:53:23.720 --> 00:53:27.120 you know, a human-made divider. 00:53:27.120 --> 00:53:30.200 You know, we have lots of industrial uses 00:53:30.200 --> 00:53:31.360 to the west of here. 00:53:31.360 --> 00:53:36.720 And, you know, there's other places on the other side 00:53:36.720 --> 00:53:38.800 of the freeway where this may not make sense, 00:53:38.800 --> 00:53:41.200 but I think it makes sense here. 00:53:41.200 --> 00:53:46.440 So I'm comforted that the qualities of the SUP 00:53:46.440 --> 00:53:47.800 are satisfied, so. 00:53:47.800 --> 00:53:51.200 Seeing no other questions, 00:53:51.200 --> 00:53:53.040 I will call for a vote on the board. 00:53:53.720 --> 00:53:54.560 Okay. 00:53:54.560 --> 00:54:00.200 That item passes four, zero. 00:54:00.200 --> 00:54:04.920 That brings us to our last public hearing, 00:54:04.920 --> 00:54:09.840 item 5C, DCA 25-0011. 00:54:09.840 --> 00:54:12.080 - Good evening, Commission. 00:54:12.080 --> 00:54:13.880 Bryce Van Arsdale, Assistant Planner. 00:54:13.880 --> 00:54:17.400 Staff is requesting withdrawal of this item 00:54:17.400 --> 00:54:20.040 from the agenda tonight in order to ensure 00:54:20.040 --> 00:54:22.360 that all state-required noticing standards 00:54:22.360 --> 00:54:24.280 are met prior to the public hearing. 00:54:24.280 --> 00:54:27.600 - Thank you, Bryce. 00:54:27.600 --> 00:54:32.040 This is a public hearing. 00:54:32.040 --> 00:54:34.280 I haven't opened it yet because we're planning 00:54:34.280 --> 00:54:37.520 on re-noticing it, but I do see a couple 00:54:37.520 --> 00:54:39.800 of attendees in the audience. 00:54:39.800 --> 00:54:47.760 Do we need to open the public hearing? 00:54:47.760 --> 00:54:48.600 Okay. 00:54:52.640 --> 00:54:55.560 (faintly speaking) 00:54:55.560 --> 00:54:59.800 Yeah, if you did come because you're interested 00:54:59.800 --> 00:55:02.520 in this particular case, I would suggest 00:55:02.520 --> 00:55:05.720 that you get with Bryce or other staff 00:55:05.720 --> 00:55:06.880 immediately following this. 00:55:06.880 --> 00:55:11.160 I think this is the last main item on the meeting agenda. 00:55:11.160 --> 00:55:13.400 It should be coming up here, I would assume, 00:55:13.400 --> 00:55:17.000 within about a month for the noticing timeline. 00:55:17.000 --> 00:55:18.000 - April 23rd. 00:55:18.000 --> 00:55:19.000 - Okay, April 23rd. 00:55:19.000 --> 00:55:19.840 Thank you, Bryce. 00:55:21.720 --> 00:55:24.080 So we will not take action on this item, 00:55:24.080 --> 00:55:30.000 and that brings us to item 6A, 00:55:30.000 --> 00:55:34.680 the PZ25017, the Planning and Zoning Commission Matrix. 00:55:34.680 --> 00:55:37.480 - Thank you, Chair Pruitt. 00:55:37.480 --> 00:55:38.880 Let me get to my notes here. 00:55:38.880 --> 00:55:48.400 Okay, a couple of items to report on. 00:55:48.400 --> 00:55:51.960 So let me get this down. 00:55:51.960 --> 00:55:56.240 First of all, in terms of, so for commissioners 00:55:56.240 --> 00:55:59.680 that are new, typically during this particular item, 00:55:59.680 --> 00:56:03.200 we report, really staff reports on action 00:56:03.200 --> 00:56:06.200 that council took on cases that the commission 00:56:06.200 --> 00:56:07.520 would have seen previously. 00:56:07.520 --> 00:56:10.440 So since your meeting on February 26th, 00:56:10.440 --> 00:56:12.320 we have not had any zoning requests 00:56:12.320 --> 00:56:14.280 or specific use permits or anything else 00:56:14.280 --> 00:56:17.440 that this body might have seen since that time. 00:56:17.440 --> 00:56:21.400 So our meeting calendar's been a little different 00:56:21.400 --> 00:56:23.440 and not nearly many items scheduled, 00:56:23.440 --> 00:56:26.920 so hence why there's been no action there. 00:56:26.920 --> 00:56:28.920 Regarding the matrix document itself, 00:56:28.920 --> 00:56:32.560 so we did remove the planning work program item 00:56:32.560 --> 00:56:33.400 that was on there. 00:56:33.400 --> 00:56:35.040 If you recall, Keisha gave a presentation 00:56:35.040 --> 00:56:37.120 back on February 26th. 00:56:37.120 --> 00:56:38.800 It's my understanding also at that last meeting 00:56:38.800 --> 00:56:40.160 that there was a request for updates 00:56:40.160 --> 00:56:42.720 regarding annexations that are approved by council. 00:56:42.720 --> 00:56:45.200 I normally do that as part of my matrix report, 00:56:45.200 --> 00:56:47.120 so I did not add that to this report, 00:56:47.120 --> 00:56:50.640 but if you're wanting to see it reflected on there, 00:56:50.640 --> 00:56:53.560 happy to do so, but since it was just 00:56:53.560 --> 00:56:56.920 kind of a normal practice, hence why we did not add it. 00:56:56.920 --> 00:56:59.080 And then lastly, I would like to take an opportunity 00:56:59.080 --> 00:57:00.760 to recognize Commissioner Villarreal 00:57:00.760 --> 00:57:02.680 with this being his last meeting here 00:57:02.680 --> 00:57:04.880 for the Planning and Zoning Commission. 00:57:04.880 --> 00:57:07.040 We appreciate his three and a half years of service 00:57:07.040 --> 00:57:09.120 that he has provided to us. 00:57:09.120 --> 00:57:12.080 If you're not familiar with Commissioner Villarreal's 00:57:12.080 --> 00:57:13.320 efforts, he also joins us for the 00:57:13.320 --> 00:57:15.560 Development Code Review Committee, 00:57:15.560 --> 00:57:18.120 so he takes time out of his schedule for that as well. 00:57:18.120 --> 00:57:20.840 So looking back on some of the projects 00:57:20.840 --> 00:57:22.360 that you've been involved in, 00:57:22.360 --> 00:57:23.920 unfortunately we did not get to 00:57:23.920 --> 00:57:25.360 what I would call parking 2.0, 00:57:25.360 --> 00:57:28.200 which was the request for removing parking, 00:57:28.200 --> 00:57:29.160 minimum parking requirements, 00:57:29.160 --> 00:57:30.520 but it's still on the Development Code Review 00:57:30.520 --> 00:57:33.640 Committee's work program, so we haven't forgotten. 00:57:33.640 --> 00:57:35.200 But I do want to acknowledge, 00:57:35.200 --> 00:57:37.320 I know you were very instrumental in providing feedback 00:57:37.320 --> 00:57:39.160 with respect to our short-term rentals ordinance 00:57:39.160 --> 00:57:42.520 that we worked on, being very concerned 00:57:42.520 --> 00:57:44.240 regarding implications on single-family 00:57:44.240 --> 00:57:46.440 residential neighborhoods and being very concerned 00:57:46.440 --> 00:57:50.200 about that, and I know you had acknowledged 00:57:50.200 --> 00:57:52.440 even when the commission was considering 00:57:52.440 --> 00:57:56.200 that ordinance, some of the different perspectives 00:57:56.200 --> 00:57:59.800 that you had considered and kind of moved off 00:57:59.800 --> 00:58:01.840 of your position in the interest of some compromise, 00:58:01.840 --> 00:58:03.600 and so you always have single-family 00:58:03.600 --> 00:58:06.040 residential neighborhoods first and foremost, 00:58:06.040 --> 00:58:08.160 just given whether it was on short-term rentals 00:58:08.160 --> 00:58:10.000 or even on other development requests 00:58:10.000 --> 00:58:11.320 that have come before the commission, 00:58:11.320 --> 00:58:12.840 particularly in a zoning matter 00:58:12.840 --> 00:58:14.840 when they're requesting those entitlements. 00:58:14.840 --> 00:58:17.040 But also kind of looking back on some other 00:58:17.040 --> 00:58:18.800 more significant projects you've been involved in, 00:58:18.800 --> 00:58:20.920 obviously the adoption of the comprehensive plan 00:58:20.920 --> 00:58:24.160 that we did in March 2022, that was on your watch. 00:58:24.160 --> 00:58:26.960 Same with the mobility plan, we did that same night. 00:58:26.960 --> 00:58:29.280 You were also very involved in the adoption 00:58:29.280 --> 00:58:30.640 of the Southeast Denton area plan 00:58:30.640 --> 00:58:34.800 and providing constructive comments 00:58:34.800 --> 00:58:37.280 and interested in the public engagement 00:58:37.280 --> 00:58:39.520 and then the action items that were recommended. 00:58:39.520 --> 00:58:41.920 Same with the design downtown Denton plan as well 00:58:41.920 --> 00:58:44.440 and being involved in that aspect. 00:58:44.440 --> 00:58:45.640 I know we had made some amendments 00:58:45.640 --> 00:58:46.960 to the Denton Development Code. 00:58:46.960 --> 00:58:49.960 The list was long, so I picked a few with that, 00:58:49.960 --> 00:58:52.400 but horizontal multi-family living, 00:58:52.400 --> 00:58:54.200 that was a new land use type 00:58:54.200 --> 00:58:55.680 that we were seeing more and more of, 00:58:55.680 --> 00:58:57.560 and so we had done some amendments to the code 00:58:57.560 --> 00:58:59.360 to be able to accommodate that. 00:58:59.360 --> 00:59:00.720 Data centers, I know you were involved 00:59:00.720 --> 00:59:02.440 in that conversation as well, 00:59:02.440 --> 00:59:04.520 because that was something our ordinance did not address 00:59:04.520 --> 00:59:07.360 and seeing more of that happening within our community. 00:59:07.360 --> 00:59:10.400 Reasonable accommodations in how we address 00:59:10.400 --> 00:59:13.840 community homes and group homes, both from a DCRC perspective 00:59:13.840 --> 00:59:15.760 but also the Planning and Zoning Commission, 00:59:15.760 --> 00:59:18.800 and then also many property rezonings. 00:59:18.800 --> 00:59:21.240 So I know particularly multi-family developments, 00:59:21.240 --> 00:59:22.640 particularly where they were adjacent 00:59:22.640 --> 00:59:24.560 to single-family residential neighborhoods. 00:59:24.560 --> 00:59:27.400 You're always very interested in what the impacts 00:59:27.400 --> 00:59:29.800 to the single-family residential neighborhoods would be. 00:59:29.800 --> 00:59:33.400 And I'd be remiss if I didn't, or if I left off, 00:59:33.400 --> 00:59:36.120 you'll definitely be known for plat extension requests, 00:59:36.120 --> 00:59:37.320 how many are being requested. 00:59:37.320 --> 00:59:39.640 So I know that's a common question. 00:59:39.640 --> 00:59:41.000 And then like I said, the other item, 00:59:41.000 --> 00:59:44.120 just being listening to neighborhood concerns, 00:59:44.120 --> 00:59:46.560 especially when people are here in opposition 00:59:46.560 --> 00:59:49.320 and trying to push the developer 00:59:49.320 --> 00:59:52.040 to find the compromise where feasible. 00:59:52.040 --> 00:59:54.600 So with that, we thank you for your service. 00:59:54.600 --> 00:59:56.880 We do have a certificate here for you, 00:59:56.880 --> 00:59:58.920 so your token of appreciation. 00:59:58.920 --> 01:00:01.240 And that concludes my report, so thank you. 01:00:01.240 --> 01:00:06.200 (audience applauding) 01:00:06.920 --> 01:00:10.200 - Yeah, I think I'll just add to that that 01:00:10.200 --> 01:00:12.840 I've learned a great deal from you, Jordan, 01:00:12.840 --> 01:00:17.840 and appreciate your ability to think larger picture 01:00:17.840 --> 01:00:24.840 about all of those who may have concerns that either can't 01:00:24.840 --> 01:00:27.520 or didn't know about, can't attend 01:00:27.520 --> 01:00:30.080 or didn't know about the hearings that we have. 01:00:30.080 --> 01:00:36.360 Keeping those in mind throughout the public process 01:00:36.360 --> 01:00:38.640 is very important, especially your focus 01:00:38.640 --> 01:00:43.640 on Southeast Denton and District One wide, 01:00:43.640 --> 01:00:46.280 about the concentration of housing types that are there 01:00:46.280 --> 01:00:51.280 versus the rest of the city and how that area grows 01:00:51.280 --> 01:00:55.560 and morphs over the coming decades. 01:00:55.560 --> 01:00:57.000 So I really appreciate that. 01:00:57.000 --> 01:01:00.640 I think many of those thoughts will continue in my mind 01:01:00.640 --> 01:01:03.640 as we hear things upcoming. 01:01:03.640 --> 01:01:08.640 And I hope to do you a good service 01:01:08.640 --> 01:01:11.920 by making sure that the Southeast Denton plan 01:01:11.920 --> 01:01:13.520 moves forward in implementation, 01:01:13.520 --> 01:01:18.520 but also in such a way that we move from 01:01:18.520 --> 01:01:24.680 an attitude of concern of disenfranchisement 01:01:24.680 --> 01:01:27.160 from past actions in that area 01:01:27.160 --> 01:01:30.240 to an attitude of, hey, we gave our input 01:01:30.240 --> 01:01:35.240 and the city heard us and has now done the necessary things 01:01:35.240 --> 01:01:40.480 to do what we wanted as opposed to what we didn't want. 01:01:40.480 --> 01:01:42.880 So let me know if I'm going astray from that 01:01:42.880 --> 01:01:44.640 'cause that's certainly my desire. 01:01:44.640 --> 01:01:51.680 And Jordan, will you? 01:01:51.680 --> 01:01:53.840 - If I could say a few words. 01:01:53.840 --> 01:01:56.200 I just wanna first off thank Councilwoman Byrd 01:01:56.200 --> 01:01:58.280 and former Councilwoman McGuire for providing me 01:01:58.280 --> 01:02:00.760 the opportunity to serve the people of Denton 01:02:00.760 --> 01:02:02.760 these past three and a half years. 01:02:02.760 --> 01:02:05.000 It's been an honor to fight for neighborhood preservation 01:02:05.000 --> 01:02:07.840 and citizen input, which I think y'all put 01:02:07.840 --> 01:02:09.960 into good words there, and always fighting back 01:02:09.960 --> 01:02:12.240 against overdevelopment, gentrification, 01:02:12.240 --> 01:02:14.560 and untoward influence. 01:02:14.560 --> 01:02:17.960 I will always fight for the community first 01:02:17.960 --> 01:02:19.280 and I wanna thank the council members 01:02:19.280 --> 01:02:20.960 for giving me that opportunity. 01:02:20.960 --> 01:02:23.280 I also wanna thank Chairman Pruitt, 01:02:23.280 --> 01:02:26.320 former Chairwoman Ellis, and my fellow commissioners 01:02:26.320 --> 01:02:28.040 and the staff for their service. 01:02:28.040 --> 01:02:30.280 It's been a pleasure serving you as your vice chair 01:02:30.280 --> 01:02:32.760 these past few months and as your fellow colleague 01:02:32.760 --> 01:02:34.080 these past several years. 01:02:34.080 --> 01:02:37.840 With that, I hope that council and city management 01:02:37.840 --> 01:02:40.280 are able to institute practices that would prevent 01:02:40.280 --> 01:02:43.000 a forced resignation like this in the future. 01:02:43.000 --> 01:02:45.680 It's unfortunate I have to leave at this moment, 01:02:45.680 --> 01:02:47.840 but I cannot execute my duties here 01:02:47.840 --> 01:02:49.920 while also working at the state capitol 01:02:49.920 --> 01:02:51.440 during the legislative session. 01:02:51.440 --> 01:02:54.480 So I hope staff or city management and our council 01:02:54.480 --> 01:02:57.760 are able to find some resolution there. 01:02:58.320 --> 01:03:00.400 With that, I pray my colleagues continue to strive 01:03:00.400 --> 01:03:02.000 to make Denton a better place to live, 01:03:02.000 --> 01:03:03.760 not just a bigger place to live. 01:03:03.760 --> 01:03:05.840 It's been an honor to serve the people of Denton 01:03:05.840 --> 01:03:07.960 and I look forward to serving y'all in a future capacity. 01:03:07.960 --> 01:03:08.800 Thank you. 01:03:08.800 --> 01:03:13.680 - Thank you, Jordan. 01:03:13.680 --> 01:03:20.240 That brings us to our last item, item seven, 01:03:20.240 --> 01:03:22.760 the concluding items. 01:03:22.760 --> 01:03:24.360 - I realized in my matrix report 01:03:24.360 --> 01:03:25.840 that I forgot to acknowledge 01:03:25.840 --> 01:03:27.680 we actually have a block party. 01:03:27.680 --> 01:03:29.480 All this conversation about Southeast Denton 01:03:29.480 --> 01:03:30.640 made me think of the block party 01:03:30.640 --> 01:03:32.240 that the team is working on. 01:03:32.240 --> 01:03:35.360 So we've done a tremendous effort 01:03:35.360 --> 01:03:36.320 on trying to get the word out 01:03:36.320 --> 01:03:37.640 for the residents in Southeast Denton 01:03:37.640 --> 01:03:39.160 to join us in our block party. 01:03:39.160 --> 01:03:43.120 That is tomorrow afternoon from 5 p.m. to 7 p.m. 01:03:43.120 --> 01:03:46.920 and Keisha, I'm drawing a blank on the name of the park. 01:03:46.920 --> 01:03:49.400 Fredmore Park, thank you. 01:03:49.400 --> 01:03:51.520 So I'm like, it's by the American Legion Center 01:03:51.520 --> 01:03:53.680 and I can see all of the improvements around it. 01:03:53.680 --> 01:03:55.880 But anyway, if anybody is interested in joining us 01:03:55.880 --> 01:03:58.440 for the block party, we encourage you to do so. 01:03:58.440 --> 01:04:00.960 Again, it's at Fredmore Park from five to seven. 01:04:00.960 --> 01:04:03.560 We will have a variety of activities. 01:04:03.560 --> 01:04:05.560 We'll have food there as well. 01:04:05.560 --> 01:04:07.800 More importantly though, we are looking for public feedback 01:04:07.800 --> 01:04:09.960 on some initiatives associated with implementation 01:04:09.960 --> 01:04:11.800 of the Southeast Denton area plan 01:04:11.800 --> 01:04:15.240 and looking to validate what we heard from the community 01:04:15.240 --> 01:04:16.920 on certain action items 01:04:16.920 --> 01:04:18.840 because it's continuing to provide the foundation 01:04:18.840 --> 01:04:20.880 as we move forward on implementation 01:04:20.880 --> 01:04:21.960 of some of those actions. 01:04:21.960 --> 01:04:24.960 So if you have friends, family that are in Southeast Denton, 01:04:24.960 --> 01:04:26.600 we encourage you to try and get the word out 01:04:26.600 --> 01:04:29.120 and have them come join us again from five to 7 p.m. 01:04:29.120 --> 01:04:29.960 So thank you. 01:04:29.960 --> 01:04:34.040 - Thank you, Tina. 01:04:34.040 --> 01:04:36.480 I'm excited to hear that. 01:04:36.480 --> 01:04:41.320 I'll just offer a memory of mine early on 01:04:41.320 --> 01:04:44.440 when I was on this commission three and a half years ago 01:04:44.440 --> 01:04:47.440 or so as we were getting into some public engagement 01:04:47.440 --> 01:04:52.080 for at that time, I think it was, I don't remember now, 01:04:52.080 --> 01:04:54.300 may have been the mobility plan updates. 01:04:55.880 --> 01:05:00.880 Yeah, and I made the comment that bridging the divide 01:05:00.880 --> 01:05:06.800 between the busy lives that all of our residents lead 01:05:06.800 --> 01:05:11.800 and the strange and jargon-filled things 01:05:11.800 --> 01:05:24.000 that the city does here to be able to put the future 01:05:25.080 --> 01:05:28.000 plans into action is always a challenge. 01:05:28.000 --> 01:05:30.200 And I made the comment at that time 01:05:30.200 --> 01:05:32.160 that I hoped that more of our engagement 01:05:32.160 --> 01:05:35.880 would move toward meeting residents where they are 01:05:35.880 --> 01:05:39.120 by having block parties and bringing food. 01:05:39.120 --> 01:05:42.800 And I think this is a welcome addition. 01:05:42.800 --> 01:05:46.680 I think our team really over the last two years or so 01:05:46.680 --> 01:05:50.960 as we've delved into the small area plans 01:05:50.960 --> 01:05:54.200 and other efforts has really taken that to heart. 01:05:54.200 --> 01:05:55.320 And I just thank you. 01:05:55.320 --> 01:05:57.520 I think it's always a challenge. 01:05:57.520 --> 01:06:00.860 We can always do better, but it shows, so thank you. 01:06:00.860 --> 01:06:03.980 Any other concluding items? 01:06:03.980 --> 01:06:09.740 I'll just say, Jordan, good luck at the state ledge. 01:06:09.740 --> 01:06:14.400 Hopefully, whereas there's a lot going on, 01:06:14.400 --> 01:06:19.400 so thank you for your service in all the ways that you do. 01:06:22.520 --> 01:06:27.480 With that, seeing no objection, I will adjourn this meeting 01:06:27.480 --> 01:06:30.760 of the Denton Planning and Zoning Commission at 7, 10 p.m. 01:06:30.760 --> 01:06:31.580 Thank you.