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 Good afternoon.

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 At 5.02 p.m. on Wednesday, August 13, I will call the session of the Planning and Zoning

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 Commission work session to order with the quorum present.

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 Our first order is the citizen comments on consent agenda items.

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 I see no citizens present as I'm looking around.

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 So that brings us to clarification of agenda items for the regular meeting.

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 There's one item on our consent agenda.

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 Actually, if you wouldn't mind if we could just go over that real quick.

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 First of all, welcome, Commissioner Garland.

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 So just to remind ourselves what PLATs are and how we're doing this.

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 Hi, Matt.

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 Hello, Matt Bourdine, Assistant Planner.

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 Here to present a PLAT for an approximately nine and a half acre tract of land located

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 near the corner of Hickory Creek Road and Teasley Lane.

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 This PLAT is associated with the development of a self-storage complex.

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 The PLAT has been reviewed by staff and it meets our criteria for approval.

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 As such, staff is recommending approval of this final PLAT.

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 Any questions?

19
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 Any questions?

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 Okay.

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 Thanks, Matt.

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 It brings us to our one or items for individual consideration.

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 First is FR250019.

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 Welcome, Cameron.

25
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 It seems like a little bit since we've had the pleasure.

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 Yes.

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 Good evening, Cameron Robertson, Principal Planner.

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 This is for a final replat of approximately 15.8 acre property located generally on the

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 northeast corner of Bonnie Bray and US 380.

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 At this time, they do not meet the criteria for approval, but staff has no objection to

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 a first extension request to September 10th.

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 I can stand for any questions.

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 Any questions on this item?

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 No?

35
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 Thank you, Cameron.

36
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 Sorry.

37
00:02:37,840 --> 00:02:38,840
 Sorry.

38
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 Commissioner MacDuff?

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 I missed the first round or two of this, so apologies, but I just have some concerns about

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 the traffic pattern over there.

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 Just for the record, it's going to need some work, so I assume that we've discussed all

42
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 that.

43
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 Yes.

44
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 This was all done in 2015.

45
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 Yes.

46
00:03:05,200 --> 00:03:06,200
 Yes.

47
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 I have no concern around on this committee, but thank you.

48
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 Of course.

49
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 Thank you.

50
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 Brings us to FP250025, final plat.

51
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 Welcome back, Matt.

52
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 Yes.

53
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 Thank you.

54
00:03:30,440 --> 00:03:48,520
 All right, Matt Bourdine, here we go.

55
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 Matt Bourdine, Assistant Planner, here to present a plat to create five lot subdivisions

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 in the Extraterritorial Jurisdiction 1 of the city of Indenton.

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 So, Indenton County, but the city has platting authority.

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 This plat does not meet our criteria for approval at this time, but staff has no objection to

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 their request of extension of the review period to a date certain of September 10th, 2025.

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 Okay.

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 Commissioner Dyer?

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 I know this is a really stupid question, but as I was preparing for tonight's meeting,

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 you call this a five plat, a five lot plat, but I'm looking at, am I looking at more than

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 five lots?

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 I mean, I know you've got the four running north and south, and I just, I'm just trying

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 to like in my mind envision.

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 Yeah, so there's these four here, and then this is all-

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 There's gonna be one great big one?

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 Yes, one big big one.

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 Okay, 'cause it was the dashed lines of those other two that were just throwing me off.

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 Yeah, yeah.

72
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 Understandable.

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 They are, the property owner, it's three pieces of property.

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 He owns all of them.

75
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 Yes, I did.

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 I went back and looked at who the owners were and all that stuff, so.

77
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 Yeah, and so the plat just has to show, I guess the previous records, previous lot lines,

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 and then the new ones they're proposing are the darker ones.

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 Do we know if they're selling those four lots on the west side of the property?

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 Are they giving them to family members to build houses on because they own all of that?

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 Do we know what their intention is?

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 As far as I've been told, their intention is to, for single family lots, I believe essentially

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 to sell them.

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 To sell them, okay.

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 Thank you.

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 Thanks, Matt.

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 That brings us to ZCP 25-0010, our Razor Ranch expert, Mia.

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 Oh, no.

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 Okay, good evening, Chair, members of the commission.

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 Mia Hines, senior planner.

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 This stated in the caption is a zone of compliance plan within Razor Ranch.

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 Unfortunately for the new commissioners, zoning compliance plans do not come before the Planning

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 and Zoning Commission, but because it is specifically written in the Razor Ranch overlay district

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 standards, that Planning and Zoning Commission has to approve them from time to time.

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 You will see these as those sites out there develop.

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 This particular site is just over one acre, and they are proposing a quick vehicle servicing

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 use.

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 It's located just east of I-35, approximately 500 feet north of Panhandle Street, and staff

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 is recommending, I'm sorry, that is conditional approval, and I will correct that for the

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 main presentation, provided that before receiving any building permits, this site applies for

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 replat.

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 As you can see, the current red line, or the red line shown here is the current property

103
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 line for this proposed development, and they do have some parking improvements and some

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 landscape improvements that they are proposing, technically off of their lot.

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 We do have both the owner authorization form for this property, as well as the property

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 to the north, but before they apply or receive any building permits, they will need to come

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 in and replat that, so all of the development is on the same lot.

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 That is pretty much the extent of this, or the summary of the presentation.

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 I do have a more in-depth presentation to go over in the regular session, but I would

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 gladly answer any questions that you have at this time.

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 Commissioner Dyer.

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 So, right now, there's a lot of construction on the frontage roads and 35W, with all of

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 the work that's being done there.

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 Is this work all going to kind of coincide, or have they taken that into consideration

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 with the new improvements that TxDOT is making?

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 It is, so the right-of-way dedication for that necessary expansion has already been

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 accounted for, so it's not a part of this.

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 That is a separate project, as TxDOT is doing that widening from this, and then they don't

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 actually have any approaches onto I-35W.

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 They feed into the internal razor system that has a separate approach, so this wouldn't

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 be impacted by that at all, basically.

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 Okay.

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 Thank you.

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 Yeah.

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 Great.

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 Any other questions?

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 Thanks, Mia.

128
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 Yes, sir.

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 That brings us to V250058.

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 Good evening, Chair, members of the Commission, Angie Mingler, Development Review Manager.

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 This is V250058.

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 This is a subdivision variance request.

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 This specific request is as it relates to the number of residential dwellings which

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 may take access to a public road by means of a private access easement.

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 This particular lot is 10 acres, is in the city's ETJ, and is subject to a non-annexation

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 agreement.

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 To the north, east, and south of the subject property is existing land within the city's

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 ETJ, also subject to a non-annexation agreement.

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 Further west is area within the city limits, zoned rural residential.

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 This subject property takes access to East Ganzer Road by means of a private access easement,

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 as do three other dwelling units.

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 The applicant intends to submit a building permit for a single-family home.

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 This particular requirement in the DDC allows only three residential lots to take access

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 to a public road by means of a private access easement, however, does grant the Planning

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 and Zoning Commission the authority to grant variances to this requirement.

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 Staff does find this is consistent with our criteria for approval for variance requests

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 and is recommending approval.

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 I do have a more in-depth presentation to go through during regular session, but I'm

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 happy to answer any questions you all may have right now.

150
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 Any questions?

151
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 Okay.

152
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 Thank you, Angie.

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 That brings us to V250050.

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 I think this is the first meeting that we've ever had since the 2019 code that has two

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 variance requests in a single meeting, so it's exciting.

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 This is V250050.

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 This is associated with the Mosh Branch Green Edition Platte, and this is a subdivision

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 variance for that platte.

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 The site is located in the ETJ1, so in the Denton County, located north of Mosh Branch

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 Road and west of Bartholdt Road.

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 It's also approximately 1,000 feet just east of the town of Crum, excuse me.

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 It is associated with that minor platte for 4.4 acres, and they are subdividing that 4.4

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 acres into two lots.

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 The lot is currently developed with a single-family home towards the front of the property, and

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 they're adding a second lot towards the rear.

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 This variance is from the DDC requirement that the flagpole portion of a lot cannot

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 be more than 300 feet, and they're requesting 475 feet to accommodate the existing site

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 conditions and existing lot shape and size.

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 This does meet our criteria for approval for you all to grant that variance, and I'll have

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 a more detailed presentation in the main session as well.

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 Happy to answer any questions.

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 I don't see any.

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 Okay.

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 Thank you.

175
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 Okay.

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 Sorry.

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 So that brings us to our public hearings.

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 I'm AESA250001B.

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 Hello everyone.

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 My name is Jennifer Revezi.

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 I am the Watershed Protection Coordinator, and I'm so sorry the first slide is not working.

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 This is for the approval of Alternative ESA Plan 25001 for the proposed Spencer Road Industrial

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 Site.

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 The overall project site is 53.5 acres located at 2201 and 2203 Spencer Road.

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 The proposed encroachment is to remove 0.23 acres of a complex of ESAs and to put in a

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 mitigation plan to remove invasive plants and restore and expand functions of the stream

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 system ESAs by planting native grasses and wildflowers.

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 Any questions?

189
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 There will be a more detailed presentation at City Council.

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 Any questions on this item?

191
00:13:40,640 --> 00:13:41,640
 Okay.

192
00:13:41,640 --> 00:13:42,640
 Thank you.

193
00:13:42,640 --> 00:13:43,640
 Oh, Commissioner Richter.

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 I just had a comment.

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 I've dealt with before.

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 It's not funny.

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 No.

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 So, good job.

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 All right.

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 That brings us to 5B, MPA 240003C.

201
00:14:17,240 --> 00:14:18,920
 Good evening, Chair and Commissioners.

202
00:14:18,920 --> 00:14:23,280
 My name is Sahra Svendiori, Senior Transportation Planner, Transportation Services.

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00:14:23,280 --> 00:14:29,120
 Tonight, I'd like to discuss a mobility plan amendment for Eagle Drive, Avenue A and

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00:14:29,120 --> 00:14:31,520
 Walter Street.

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 The request is to modify the roadway classification for these streets from secondary arterial

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 to collector.

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 I'll be happy to answer any questions if you have.

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 Any questions here?

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 I have more details, of course, in the presentation.

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00:14:49,280 --> 00:14:50,280
 Yeah.

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00:14:50,280 --> 00:14:56,320
 I guess I wanted to, obviously, we'll talk about it in the open session, but just historical

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 reference when we passed the mobility plan update, we actually modified this from a collector

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00:15:08,560 --> 00:15:16,320
 into an arterial, and the reasoning stated then was that there was a desire to capture

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 more right-of-way along this corridor.

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00:15:20,320 --> 00:15:27,600
 And so, I'll be interested in understanding why we have a different view now and what

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 the longer-term goals are.

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 I'm also, I'll be interested to hear about, I want to make sure that we're not using

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 the mobility plan amendment process to make things easier on ourselves, given that there's

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 a substation going in on the south side of Eagle in this area.

220
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 Maybe those are completely separate conversations, I just, I don't know, because I don't see

221
00:16:01,160 --> 00:16:03,920
 into the connecting silos.

222
00:16:03,920 --> 00:16:08,360
 So, if there is information that you'll have on those, that's great.

223
00:16:08,360 --> 00:16:14,640
 If not, it would be great if you could speak to that later in the open session.

224
00:16:14,640 --> 00:16:15,640
 Sure.

225
00:16:15,640 --> 00:16:20,780
 About East Eagle, that specific location that you are referring, I think Chandra, our traffic

226
00:16:20,780 --> 00:16:23,120
 engineer, can have a better answer.

227
00:16:23,120 --> 00:16:27,960
 But overall, because this area is the fully developed area, currently the width of the

228
00:16:27,960 --> 00:16:32,320
 road fits within a collector criteria for us.

229
00:16:32,320 --> 00:16:39,720
 And this is, like, surrounded by UNT facilities, a huge cemetery on Eagle Drive.

230
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 And as a secondary arterial, we have to widening the road to 110 feet.

231
00:16:45,560 --> 00:16:51,720
 And in order to do that, city has to buy lands from state, from UNT, and that cemetery.

232
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 And it's a huge burden on city to do that.

233
00:16:54,160 --> 00:17:00,400
 Also, there is a huge foot traffic, because these roads, they are inside UNT campus or

234
00:17:00,400 --> 00:17:04,440
 very close distance to the UNT campus.

235
00:17:04,440 --> 00:17:10,320
 In my staff analysis, I mentioned that how many parking lots are located, and like, students

236
00:17:10,320 --> 00:17:16,600
 crossing the street to get to the buildings, and lots of apartments also located in that

237
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 location.

238
00:17:17,600 --> 00:17:22,840
 And in order to provide better accessibility and connectivity, we recommend to keep it

239
00:17:22,840 --> 00:17:28,700
 as the width of the road right now is around 65, so it is good as a collector.

240
00:17:28,700 --> 00:17:35,840
 And also, the speed limit, which as a collector, we can maintain it as between 30 to 35 miles

241
00:17:35,840 --> 00:17:43,320
 per hour in order to create, like, safe environment, especially for pedestrians and students.

242
00:17:43,320 --> 00:17:47,960
 So if I can answer your question, I can ask my colleague to help me.

243
00:17:47,960 --> 00:17:48,960
 Yeah, that's fine.

244
00:17:48,960 --> 00:17:53,320
 I just -- I want to make sure we get some context on the history of it, if that makes

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 sense.

246
00:17:54,320 --> 00:17:55,320
 So, yeah.

247
00:17:55,320 --> 00:17:58,320
 Commissioner Riggs.

248
00:17:58,320 --> 00:18:05,240
 So I -- my question is, so the driver for reducing the -- basically, this to a collector

249
00:18:05,240 --> 00:18:11,640
 is basically that we don't -- we don't see it expanding, is that the driver, or what's

250
00:18:11,640 --> 00:18:14,600
 the driver for reducing this to a collector?

251
00:18:14,600 --> 00:18:22,080
 So one of the main reason is, like, we don't want and we prefer not to extend the width

252
00:18:22,080 --> 00:18:23,080
 of the road.

253
00:18:23,080 --> 00:18:26,760
 That's the main reason, as I mentioned the reasons.

254
00:18:26,760 --> 00:18:31,080
 And keep it, like, we are not going to reduce it, we are going to keep the current width

255
00:18:31,080 --> 00:18:32,080
 of the road.

256
00:18:32,080 --> 00:18:36,320
 No changes is going to happen.

257
00:18:36,320 --> 00:18:37,320
 Commissioner MacDuff.

258
00:18:37,320 --> 00:18:43,720
 I guess in open session I would ask that we talk about the budgetary concerns.

259
00:18:43,720 --> 00:18:45,440
 That was my first thought.

260
00:18:45,440 --> 00:18:48,600
 Well, it was my second thought.

261
00:18:48,600 --> 00:18:55,640
 The first was, oh, goody, it's keeping the quality of life the way it is, because I know

262
00:18:55,640 --> 00:18:59,280
 there's a lot of traffic and concerns in the cemetery.

263
00:18:59,280 --> 00:19:02,640
 But my second thought was the budgetary concerns.

264
00:19:02,640 --> 00:19:04,440
 This would be a cost saver, I think.

265
00:19:04,440 --> 00:19:05,440
 Of course.

266
00:19:05,440 --> 00:19:11,080
 So that's one of the main reasons we don't want to change anything on these mentioned

267
00:19:11,080 --> 00:19:17,640
 roads to this extent, because as a collector, these roads are fit with the criteria.

268
00:19:17,640 --> 00:19:18,640
 Right.

269
00:19:18,640 --> 00:19:19,640
 Yeah.

270
00:19:19,640 --> 00:19:20,640
 Okay.

271
00:19:20,640 --> 00:19:21,640
 Thank you.

272
00:19:21,640 --> 00:19:22,640
 Sure.

273
00:19:22,640 --> 00:19:23,640
 Thanks.

274
00:19:23,640 --> 00:19:24,640
 Anything else?

275
00:19:24,640 --> 00:19:25,640
 No?

276
00:19:25,640 --> 00:19:28,720
 Thank you, Sahar.

277
00:19:28,720 --> 00:19:39,680
 That brings us to item 5C, PD250002.

278
00:19:39,680 --> 00:19:47,240
 Good evening, Chair, members of the commission, Ashley Eckstead, Associate Planner.

279
00:19:47,240 --> 00:19:51,820
 This is PD252, 415 East University.

280
00:19:51,820 --> 00:19:57,040
 This is a request to rezone 0.74 acres of land on the north side of East University,

281
00:19:57,040 --> 00:20:02,440
 240 feet west of Belle Avenue, to a PD overlay with an R7-based zoning district.

282
00:20:02,440 --> 00:20:07,960
 This property is currently split-zoned, R3, R7, and MN, as shown on this map in the bottom

283
00:20:07,960 --> 00:20:09,360
 right corner.

284
00:20:09,360 --> 00:20:13,700
 The future land use designation is Neighborhood University Compatibility Area, which is shown

285
00:20:13,700 --> 00:20:15,480
 on the map on the top right.

286
00:20:15,480 --> 00:20:19,900
 And I'll go over the highlights for the overlay now, I will have a more in-depth presentation

287
00:20:19,900 --> 00:20:20,900
 for the open session.

288
00:20:20,900 --> 00:20:24,520
 But essentially, it's going to establish an R7-based zoning district.

289
00:20:24,520 --> 00:20:30,200
 It's going to restrict the height of the buildings to two stories and 10,000 total square feet.

290
00:20:30,200 --> 00:20:34,680
 It's going to require a 30-foot building setback from the Belle Avenue Historic District and

291
00:20:34,680 --> 00:20:38,940
 a 10-foot building setback from the residential and mixed-use zoning districts.

292
00:20:38,940 --> 00:20:43,640
 It's also going to require a 10-foot, 30-point landscape buffer if the developing use is

293
00:20:43,640 --> 00:20:47,160
 multifamily, so that's an additional 10 points for the buffer.

294
00:20:47,160 --> 00:20:51,080
 And then the dumpsters will need to be set back 100 feet from the Historic District and

295
00:20:51,080 --> 00:20:53,680
 50 feet from the residential zoning districts.

296
00:20:53,680 --> 00:20:57,880
 That does exclude and add uses to the R7-based zoning district.

297
00:20:57,880 --> 00:21:06,480
 And staff does recommend approval, and I'm happy to answer any questions.

298
00:21:06,480 --> 00:21:07,480
 I don't see any.

299
00:21:07,480 --> 00:21:08,480
 Thanks.

300
00:21:08,480 --> 00:21:10,520
 Thank you, Ashley.

301
00:21:10,520 --> 00:21:11,600
 Okay.

302
00:21:11,600 --> 00:21:24,300
 That brings us to our work session report, which is PZ25-162, a report and discussion

303
00:21:24,300 --> 00:21:27,080
 on the comprehensive plan.

304
00:21:27,080 --> 00:21:29,900
 Good evening.

305
00:21:29,900 --> 00:21:30,960
 I'm Julie Wyatt.

306
00:21:30,960 --> 00:21:33,720
 We're going to have fun talking about this, I promise.

307
00:21:33,720 --> 00:21:38,760
 I have a lot of slides, but I promised Haley that I would be snappy.

308
00:21:38,760 --> 00:21:43,080
 So Julie Wyatt, principal planner with the City of Denton, and tonight we're doing a

309
00:21:43,080 --> 00:21:47,000
 boot camp on comprehensive planning.

310
00:21:47,000 --> 00:21:50,520
 So in our agenda, we're going to overview what is a comprehensive plan.

311
00:21:50,520 --> 00:21:54,100
 We're going to talk about what the state says about comprehensive planning.

312
00:21:54,100 --> 00:21:59,120
 We're going to give a brief history about comprehensive planning in Denton.

313
00:21:59,120 --> 00:22:02,480
 We're going to talk about our current comprehensive plan and then how that interacts with our

314
00:22:02,480 --> 00:22:03,940
 other plans with the city.

315
00:22:03,940 --> 00:22:05,360
 So here we go.

316
00:22:05,360 --> 00:22:09,080
 First, what is a comprehensive plan?

317
00:22:09,080 --> 00:22:12,400
 So this is a famous quote in planning.

318
00:22:12,400 --> 00:22:20,220
 It is attributed to Daniel Burnham, but some people think he didn't actually say it.

319
00:22:20,220 --> 00:22:21,400
 So who was Daniel Burnham?

320
00:22:21,400 --> 00:22:23,720
 He was a Chicago architect.

321
00:22:23,720 --> 00:22:30,520
 He actually was responsible for designing the 1893 World's Fair Columbian Exposition

322
00:22:30,520 --> 00:22:34,160
 in Chicago, the White City, if you've ever heard of it.

323
00:22:34,160 --> 00:22:41,320
 And he also was a co-author of the first comprehensive plan, and that was the Chicago Plan 1909.

324
00:22:41,320 --> 00:22:44,840
 And they looked at things like parks and transportation and land use, all of those things that we

325
00:22:44,840 --> 00:22:46,420
 see in a comprehensive plan now.

326
00:22:46,420 --> 00:22:50,600
 So that really was the genesis of comprehensive planning.

327
00:22:50,600 --> 00:22:55,520
 And his quote, "To make no little plans is to talk about dreaming big and really trying

328
00:22:55,520 --> 00:23:00,600
 to vision what you want your city to look like in 20 years."

329
00:23:00,600 --> 00:23:05,120
 So that's why it's really important within the planning profession.

330
00:23:05,120 --> 00:23:07,320
 So what is a comprehensive plan?

331
00:23:07,320 --> 00:23:08,480
 It's really a roadmap.

332
00:23:08,480 --> 00:23:10,340
 It's a guide to the development of your city.

333
00:23:10,340 --> 00:23:15,920
 It talks about where you've been, where you are, and where you're going.

334
00:23:15,920 --> 00:23:20,160
 The Texas APA has six purposes for the comprehensive planning process.

335
00:23:20,160 --> 00:23:21,840
 I won't read all of them to you.

336
00:23:21,840 --> 00:23:26,040
 It really talks about we want to improve our infrastructure.

337
00:23:26,040 --> 00:23:27,700
 We want to promote the public interest.

338
00:23:27,700 --> 00:23:32,340
 We want to be able to grow smartly.

339
00:23:32,340 --> 00:23:38,120
 And I like number five is to inject long-range considerations into the determination of short-term

340
00:23:38,120 --> 00:23:39,120
 actions.

341
00:23:39,120 --> 00:23:44,320
 So when you think about what you do as a commission, you look at zoning cases, and a developer

342
00:23:44,320 --> 00:23:49,480
 is in front of you asking for you to make a decision, a recommendation.

343
00:23:49,480 --> 00:23:54,600
 And what the comprehensive plan does is it provides that guiding document to provide

344
00:23:54,600 --> 00:24:00,260
 that framework for the long-range thinking when you're talking about an individual project.

345
00:24:00,260 --> 00:24:06,320
 So it's a really useful document for a city when we are considering what we're doing on

346
00:24:06,320 --> 00:24:09,520
 a day-to-day basis.

347
00:24:09,520 --> 00:24:12,320
 So what's included in a comprehensive plan?

348
00:24:12,320 --> 00:24:17,400
 Typically you see a vision, and that happens through a lot of public engagement.

349
00:24:17,400 --> 00:24:21,960
 And that's really what the community is saying, "Hey, here's what we want to look like.

350
00:24:21,960 --> 00:24:24,880
 Here's our aspirational statement."

351
00:24:24,880 --> 00:24:27,200
 A lot of research and analysis goes in.

352
00:24:27,200 --> 00:24:33,480
 You see a lot of the public engagement, that forward-facing work in a comprehensive planning

353
00:24:33,480 --> 00:24:37,120
 process, but a tremendous amount of work goes in in the back end.

354
00:24:37,120 --> 00:24:43,480
 Somebody sitting in a desk looking at demographics, looking at economic data, looking at growth

355
00:24:43,480 --> 00:24:49,460
 forecasts, figuring out how much land a city has to grow or how much redevelopment they

356
00:24:49,460 --> 00:24:50,460
 want to see.

357
00:24:50,460 --> 00:24:54,920
 All of those numbers and data goes into it.

358
00:24:54,920 --> 00:24:58,360
 That then informs the goals, objectives, and policies.

359
00:24:58,360 --> 00:25:00,240
 The goals are the desired outcome.

360
00:25:00,240 --> 00:25:01,600
 What do we want to see happen?

361
00:25:01,600 --> 00:25:06,040
 The policies are those specific statements that guide the decision-makers.

362
00:25:06,040 --> 00:25:09,040
 And then the actions, those are those specific steps that we do.

363
00:25:09,040 --> 00:25:15,520
 For instance, in our Denton plan or our Denton 2040 comprehensive plan, we talk about area

364
00:25:15,520 --> 00:25:18,280
 plans, and you saw us adopt those in the last year.

365
00:25:18,280 --> 00:25:21,960
 So those are those specific action steps.

366
00:25:21,960 --> 00:25:25,720
 Planners love maps, so there are a lot of maps and comprehensive plans.

367
00:25:25,720 --> 00:25:29,480
 And then implementation and monitoring, that's where we're looking at those action steps.

368
00:25:29,480 --> 00:25:32,320
 How long do we think it's going to take us to get it done?

369
00:25:32,320 --> 00:25:34,360
 Who are we going to have to partner with?

370
00:25:34,360 --> 00:25:37,760
 So that's really important.

371
00:25:37,760 --> 00:25:43,000
 The Texas Local Government Code gives us some direction when it comes to comprehensive plan.

372
00:25:43,000 --> 00:25:48,000
 It essentially says, "Yes, you can do a comprehensive plan as a municipality, but you

373
00:25:48,000 --> 00:25:51,040
 don't have to."

374
00:25:51,040 --> 00:25:54,080
 The content and design, they don't really prescribe that.

375
00:25:54,080 --> 00:25:58,320
 It does say you can have land use, transportation, public facilities.

376
00:25:58,320 --> 00:26:03,920
 You can have one big plan, or you can have lots of little plans, and it's used to guide

377
00:26:03,920 --> 00:26:06,400
 and coordinate decisions.

378
00:26:06,400 --> 00:26:12,120
 The municipality can also define the standards for determining consistency between the comprehensive

379
00:26:12,120 --> 00:26:18,240
 plan and development regulations, and also the municipality can determine how they want

380
00:26:18,240 --> 00:26:23,300
 to adopt the comprehensive plan or modify it.

381
00:26:23,300 --> 00:26:27,880
 Other factors to consider, as I said, they're guiding documents, they're policy, they are

382
00:26:27,880 --> 00:26:30,080
 not zoning.

383
00:26:30,080 --> 00:26:36,760
 Typically a 20-year horizon, so in 2022 we adopted Denton 2040, about a 20-year horizon,

384
00:26:36,760 --> 00:26:40,240
 but it should be updated every five years, because you think about how much Denton changes

385
00:26:40,240 --> 00:26:45,000
 every five years, you really should re-look at some of those land use assumptions, talk

386
00:26:45,000 --> 00:26:47,840
 to folks to make sure it's still valid.

387
00:26:47,840 --> 00:26:51,440
 All right, so this is going to be fun, I promise.

388
00:26:51,440 --> 00:26:55,800
 A brief history of comprehensive planning in Denton.

389
00:26:55,800 --> 00:26:58,240
 We have seven comprehensive plans.

390
00:26:58,240 --> 00:27:04,120
 I think the last time I did a boot camp on this, I had only found five, but I found two

391
00:27:04,120 --> 00:27:05,120
 more.

392
00:27:05,120 --> 00:27:12,760
 So our first one was in 1931, and the most recent one we adopted in 2022.

393
00:27:12,760 --> 00:27:18,520
 So here is an image or a map from the first Denton plan in 1931.

394
00:27:18,520 --> 00:27:24,460
 It actually recommended Denton's first zoning ordinance, and it was 41 pages, and so when

395
00:27:24,460 --> 00:27:30,640
 you look at the behemoths that comprehensive plans are now, 41 pages is very slight.

396
00:27:30,640 --> 00:27:35,720
 And you can see on the map, Denton was very, very small.

397
00:27:35,720 --> 00:27:43,080
 In 1948, we had another Denton plan, and I highlighted this language because the writing

398
00:27:43,080 --> 00:27:45,720
 of comprehensive plans has changed.

399
00:27:45,720 --> 00:27:50,800
 This said, there appears to be no good reason why Malone Street should not enter state highway

400
00:27:50,800 --> 00:27:58,560
 number 24 at right angles, eliminating the presence angular connection.

401
00:27:58,560 --> 00:28:02,360
 So that's not really the way we write comprehensive plans now.

402
00:28:02,360 --> 00:28:08,960
 It was a little more folksy back then, but you could see that they did actually Malone

403
00:28:08,960 --> 00:28:15,320
 at one point jogged when it connected to university, and they straightened it out.

404
00:28:15,320 --> 00:28:23,200
 So this aerial image is from 1942, before they adopted the plan, and then this image

405
00:28:23,200 --> 00:28:25,920
 is from today.

406
00:28:25,920 --> 00:28:29,720
 It was 34 pages, so it was a little slight as well.

407
00:28:29,720 --> 00:28:35,360
 1960, our comprehensive planning got a lot more detailed in 1960.

408
00:28:35,360 --> 00:28:40,320
 We had things that look more familiar to us now, like a land use plan, a mobility plan.

409
00:28:40,320 --> 00:28:44,160
 It had this quote, and I love this quote.

410
00:28:44,160 --> 00:28:48,520
 It said, "If some method of measuring intellectual level of a city were known, Denton would be

411
00:28:48,520 --> 00:28:51,060
 listed among the leaders of the nation."

412
00:28:51,060 --> 00:28:58,000
 So we, yes.

413
00:28:58,000 --> 00:29:00,760
 - Is that the 288 loop on the west side?

414
00:29:00,760 --> 00:29:05,400
 - I'm so glad you asked, it included a thoroughfare plan.

415
00:29:05,400 --> 00:29:11,640
 - 1960, and this is 2025, and we're still talking about building that western 288 loop.

416
00:29:11,640 --> 00:29:17,200
 - That is a really good point, and you actually made my point for me.

417
00:29:17,200 --> 00:29:18,200
 - Did I steal your thunder?

418
00:29:18,200 --> 00:29:19,200
 I'm sorry.

419
00:29:19,200 --> 00:29:28,040
 - It's really good, because for those of you who were maybe around it on PNC or watching,

420
00:29:28,040 --> 00:29:33,040
 there was a lot of discussion with the 2022 mobility plan and putting all these roads kind

421
00:29:33,040 --> 00:29:38,760
 of out in the outlying areas, but when you're talking about a thoroughfare plan, you have

422
00:29:38,760 --> 00:29:42,280
 to think about these roads very far into the future.

423
00:29:42,280 --> 00:29:47,840
 - Well, I have seen TechStat, they've got a bunch of roads north of Denton, and it's

424
00:29:47,840 --> 00:29:50,800
 like 50 years down the road, they had those planned out.

425
00:29:50,800 --> 00:29:53,120
 - Yes, and Denton did as well.

426
00:29:53,120 --> 00:29:58,200
 So yes, the loop was planned, and the outer loop, you can see that it actually was supposed

427
00:29:58,200 --> 00:29:59,800
 to really be a loop.

428
00:29:59,800 --> 00:30:07,480
 Today it's more of a disconnected loop, but at that time they were anticipating it was

429
00:30:07,480 --> 00:30:09,140
 going to be a proper loop.

430
00:30:09,140 --> 00:30:17,800
 They also were proposing an inner loop around the square, and then 35W was just a dream

431
00:30:17,800 --> 00:30:19,440
 at the time.

432
00:30:19,440 --> 00:30:24,560
 I forgot to mention the previous plan was, it was planning for the federal highways.

433
00:30:24,560 --> 00:30:30,640
 You can maybe see on the 1942 map that I-35 wasn't there, so they were planning for those

434
00:30:30,640 --> 00:30:33,120
 highways at that time.

435
00:30:33,120 --> 00:30:42,160
 1960, 35, here's an aerial image from '62, 35 was there, but 35W wasn't, and the city

436
00:30:42,160 --> 00:30:45,320
 was planning for those additional roads.

437
00:30:45,320 --> 00:30:49,520
 You can also see it had grown, the city had grown.

438
00:30:49,520 --> 00:30:53,200
 That plan also included a downtown plan.

439
00:30:53,200 --> 00:30:58,760
 Some fun features of it, they were proposed a one-way traffic loop for pedestrians and

440
00:30:58,760 --> 00:31:07,040
 slow-moving vehicles around the square, I think in what we call the Mews streets now.

441
00:31:07,040 --> 00:31:13,320
 They were recommending a facelift for architecture, that it should be modernized to provide shopper

442
00:31:13,320 --> 00:31:14,320
 appeal.

443
00:31:14,320 --> 00:31:19,880
 That was the era of the mall, and so they were talking about putting those modern facades

444
00:31:19,880 --> 00:31:24,160
 on the older buildings to make it look fresher on the square.

445
00:31:24,160 --> 00:31:29,800
 Also, city hall offices did not have air conditioning, so the comprehensive plan talked about adding

446
00:31:29,800 --> 00:31:32,800
 air conditioning.

447
00:31:32,800 --> 00:31:35,000
 In 1974, we had another comprehensive plan.

448
00:31:35,000 --> 00:31:41,200
 It starts looking, again, more like what we see today, having those goals, those objectives,

449
00:31:41,200 --> 00:31:43,440
 those actions.

450
00:31:43,440 --> 00:31:49,880
 Denton plan 1999 to 2020, this was actually the plan in place when I started the city

451
00:31:49,880 --> 00:31:50,880
 of Denton.

452
00:31:50,880 --> 00:31:57,560
 It was adopted in 1999, it was the basis for the 2002 Denton Development Code.

453
00:31:57,560 --> 00:32:04,000
 It focused on reducing sprawl, projecting neighborhoods, mixing of uses, and development

454
00:32:04,000 --> 00:32:07,000
 scale.

455
00:32:07,000 --> 00:32:14,440
 Denton plan 2030 was adopted in 2015, and that really was the basis for the 2019 Denton

456
00:32:14,440 --> 00:32:15,440
 Development Code.

457
00:32:15,440 --> 00:32:21,640
 That really kind of takes us to today, where we've got the Denton 2040 comprehensive plan,

458
00:32:21,640 --> 00:32:24,160
 which was an update to the Denton 2030.

459
00:32:24,160 --> 00:32:30,000
 Y'all saw this slide a few weeks ago on the area plan, just wanted to talk again about

460
00:32:30,000 --> 00:32:31,600
 the hierarchy.

461
00:32:31,600 --> 00:32:36,160
 We're talking about comprehensive plans tonight, so we're talking about the very top.

462
00:32:36,160 --> 00:32:43,200
 The umbrella over all the other plans that we have, including things like mobility plan,

463
00:32:43,200 --> 00:32:45,840
 capital improvement plan, area plans.

464
00:32:45,840 --> 00:32:51,420
 And then ultimately, it informs our zoning and our investments.

465
00:32:51,420 --> 00:32:52,960
 So how to read the plan.

466
00:32:52,960 --> 00:32:59,760
 If you don't have a copy, you can look online and see the Denton 2040 comprehensive plan.

467
00:32:59,760 --> 00:33:04,300
 I encourage you to at least read through it a little bit.

468
00:33:04,300 --> 00:33:08,760
 You don't have to read word for word, but kind of skim through so you have a good understanding

469
00:33:08,760 --> 00:33:09,760
 of it.

470
00:33:09,760 --> 00:33:14,960
 There are 10 chapters, and each chapter really contains those things that we talked about

471
00:33:14,960 --> 00:33:19,600
 early, the research and analysis, the goals, policies, and actions, and our beloved maps

472
00:33:19,600 --> 00:33:22,360
 in the planning department.

473
00:33:22,360 --> 00:33:28,160
 So just to kind of point out what those look like, first of all, we have our vision statement.

474
00:33:28,160 --> 00:33:32,760
 Now in old plans, vision statements were maybe like one or two sentences.

475
00:33:32,760 --> 00:33:41,000
 Now vision statements are a couple of pages, and Denton's vision statement is organized

476
00:33:41,000 --> 00:33:43,960
 around four strategic directions.

477
00:33:43,960 --> 00:33:47,640
 And those are the character of Denton, the people, institutions, and government, strength

478
00:33:47,640 --> 00:33:52,440
 of economy, and sound growth, which is form and function.

479
00:33:52,440 --> 00:34:00,200
 So those are the four organizing principles of our current comprehensive plan.

480
00:34:00,200 --> 00:34:05,160
 And each chapter tackles something related to the city.

481
00:34:05,160 --> 00:34:10,200
 I just pulled up land use because that's what we talk about most at the Planning and Zoning

482
00:34:10,200 --> 00:34:11,200
 Commission.

483
00:34:11,200 --> 00:34:15,080
 So land use chapter, we have a land use chapter.

484
00:34:15,080 --> 00:34:19,800
 It includes the portions of the vision statement that are relevant to land use.

485
00:34:19,800 --> 00:34:22,840
 And that is always at the beginning of every chapter.

486
00:34:22,840 --> 00:34:28,120
 And you'll see that it's got that blue heading.

487
00:34:28,120 --> 00:34:30,240
 The chapter includes research and analysis.

488
00:34:30,240 --> 00:34:33,720
 So often at the beginning of the chapter, we show our work.

489
00:34:33,720 --> 00:34:43,760
 We show all what the city consultants did to come up with the conclusions and the recommendations.

490
00:34:43,760 --> 00:34:46,120
 The items in the green box, those are the goals.

491
00:34:46,120 --> 00:34:52,240
 Those are the goals that are intended to help us achieve the vision.

492
00:34:52,240 --> 00:35:01,440
 The policies are in bold type, and then the actions are underneath the policies.

493
00:35:01,440 --> 00:35:03,000
 It is a large document.

494
00:35:03,000 --> 00:35:07,800
 I think we have like 573 actions in the plan.

495
00:35:07,800 --> 00:35:11,000
 So it is big.

496
00:35:11,000 --> 00:35:14,960
 Now remember, it is bigger than just land use, right?

497
00:35:14,960 --> 00:35:16,080
 It is all those chapters.

498
00:35:16,080 --> 00:35:24,800
 It's things like solid waste and infrastructure and parks and housing and community development.

499
00:35:24,800 --> 00:35:26,800
 We also have a future land use map.

500
00:35:26,800 --> 00:35:31,720
 This is a document you see a lot at the Planning and Zoning Commission.

501
00:35:31,720 --> 00:35:39,920
 The map has colors for all parts of the city, and those correspond to the descriptions in

502
00:35:39,920 --> 00:35:40,960
 the comprehensive plan.

503
00:35:40,960 --> 00:35:46,160
 So if you wanted to, you could always refer to the comprehensive plan to see what all

504
00:35:46,160 --> 00:35:49,840
 that data is related to the future land use designation.

505
00:35:49,840 --> 00:35:55,240
 Other items to keep in mind, remember, comprehensive plan is comprehensive.

506
00:35:55,240 --> 00:35:59,280
 It's so easy to focus on that future land use map, but you want to also make sure that

507
00:35:59,280 --> 00:36:08,360
 the goals and policies and actions are considered with any consideration or recommendation because

508
00:36:08,360 --> 00:36:11,120
 those are important, too.

509
00:36:11,120 --> 00:36:15,320
 Maps and actions also give specific direction, but there's also just a lot of text.

510
00:36:15,320 --> 00:36:19,760
 All that research and analysis, that gives us some context and some ideas on how to approach

511
00:36:19,760 --> 00:36:22,000
 a project as well.

512
00:36:22,000 --> 00:36:26,360
 Texas Local Government Code, Chapter 211, that's the zoning part of Texas Local Government

513
00:36:26,360 --> 00:36:27,360
 Code.

514
00:36:27,360 --> 00:36:33,080
 Remember, the state says cities, you can have a comprehensive plan, but you don't have to.

515
00:36:33,080 --> 00:36:38,620
 But if you have one, your zoning needs to be adopted in accordance with your comprehensive

516
00:36:38,620 --> 00:36:42,680
 plan, and that's why we've made changes to the code based upon our comprehensive plan

517
00:36:42,680 --> 00:36:46,600
 and the community's vision.

518
00:36:46,600 --> 00:36:49,880
 The Debt and Development Code talks a little bit about the comprehensive plan.

519
00:36:49,880 --> 00:36:55,800
 It is in the approval criteria of zoning map amendments, PDs, SUPs, tax amendments.

520
00:36:55,800 --> 00:37:00,120
 It is something we are always referring to and looking at.

521
00:37:00,120 --> 00:37:06,320
 We should weigh those competing goals, policies, and strategies.

522
00:37:06,320 --> 00:37:10,880
 Sometimes the future land use doesn't always quite coincide with all of the goals, and

523
00:37:10,880 --> 00:37:12,880
 so we have to weigh those.

524
00:37:12,880 --> 00:37:20,680
 That's a big job that you have is how do you weigh those things.

525
00:37:20,680 --> 00:37:24,720
 Sometimes an application may make sense from the goals and policy standpoint, but maybe

526
00:37:24,720 --> 00:37:28,200
 not make as much sense from the future land use map.

527
00:37:28,200 --> 00:37:33,880
 And that's okay, because the Debt and Development Code gives us that flexibility to do that.

528
00:37:33,880 --> 00:37:37,640
 And then the Debt and Development Code also tells us how to amend our comprehensive plan.

529
00:37:37,640 --> 00:37:40,760
 We treat it really like a zoning action in the city of Denton, in that it goes through

530
00:37:40,760 --> 00:37:45,640
 the public hearing process and that we send out notification.

531
00:37:45,640 --> 00:37:52,040
 We have specific criteria for approval for a comprehensive plan, and it really does allow

532
00:37:52,040 --> 00:37:58,520
 us to make changes when conditions change.

533
00:37:58,520 --> 00:37:59,520
 And we want to do that.

534
00:37:59,520 --> 00:38:03,240
 We want to make sure we keep that flexibility.

535
00:38:03,240 --> 00:38:08,600
 And then here is the network of all of the plans that we have in this city.

536
00:38:08,600 --> 00:38:10,640
 I think I got them all.

537
00:38:10,640 --> 00:38:16,840
 They all really feed into the comprehensive plan, and it goes from land use all the way

538
00:38:16,840 --> 00:38:20,040
 to the infrastructure and everything in between.

539
00:38:20,040 --> 00:38:24,800
 The city also has a strategic plan, and I'm going to see if it works.

540
00:38:24,800 --> 00:38:28,800
 We don't know if it will work.

541
00:38:28,800 --> 00:38:31,680
 No, it doesn't.

542
00:38:31,680 --> 00:38:37,360
 Anyway, you can go on the city's website and you can look at the strategic plan.

543
00:38:37,360 --> 00:38:43,560
 We have a dashboard that allows community members to look at all of those elements within

544
00:38:43,560 --> 00:38:48,840
 the strategic plan and all of the plans to see what the city has accomplished.

545
00:38:48,840 --> 00:38:52,920
 Now, not all of these plans are in that dashboard yet.

546
00:38:52,920 --> 00:38:57,360
 The city staff has been working feverishly to get them all in, and in fact, the comprehensive

547
00:38:57,360 --> 00:38:59,300
 plan is now in.

548
00:38:59,300 --> 00:39:03,220
 We're going to start reporting on the comprehensive plan through this dashboard as well.

549
00:39:03,220 --> 00:39:09,220
 So it should be really nice for you to go just take a look and see from a visual standpoint.

550
00:39:09,220 --> 00:39:10,520
 And that concludes my presentation.

551
00:39:10,520 --> 00:39:15,120
 I'll be happy to answer any questions.

552
00:39:15,120 --> 00:39:20,840
 Don't be shy, this is the fun part.

553
00:39:20,840 --> 00:39:21,840
 No questions?

554
00:39:21,840 --> 00:39:22,840
 Okay.

555
00:39:22,840 --> 00:39:23,840
 Commissioner Dyer?

556
00:39:23,840 --> 00:39:24,840
 I don't have a question.

557
00:39:24,840 --> 00:39:25,840
 I just have a comment.

558
00:39:25,840 --> 00:39:27,880
 Excellent information.

559
00:39:27,880 --> 00:39:32,440
 Somebody with a minor in history, I love to hear, you know, like it's good to know where

560
00:39:32,440 --> 00:39:35,160
 we've been to know where you're going.

561
00:39:35,160 --> 00:39:41,460
 And I know I've talked about this before, but do you guys ever utilize like the city's

562
00:39:41,460 --> 00:39:46,240
 Facebook page to talk about this to like inform the public?

563
00:39:46,240 --> 00:39:48,520
 So like this is a very interesting map.

564
00:39:48,520 --> 00:39:55,000
 So just like a little history, like what is the debt in 2040 comprehensive plan?

565
00:39:55,000 --> 00:39:58,720
 And then these are all the things that these are all the components of that plan.

566
00:39:58,720 --> 00:40:05,800
 I think that residents would appreciate learning more because that's how you engage your citizens

567
00:40:05,800 --> 00:40:12,360
 is by informing them of, you know, what the city's doing and what are all these things

568
00:40:12,360 --> 00:40:15,600
 and what you're working under the structure that you guys are working under when you're

569
00:40:15,600 --> 00:40:19,960
 making decisions, all the different boards that are making decisions, especially as the

570
00:40:19,960 --> 00:40:22,560
 city grows.

571
00:40:22,560 --> 00:40:30,160
 I think it's, it gets harder and harder to keep that connection with residents because

572
00:40:30,160 --> 00:40:35,660
 there's so many moving parts as the city increases in size, and then the government increases

573
00:40:35,660 --> 00:40:36,840
 in size.

574
00:40:36,840 --> 00:40:37,840
 That's a great point.

575
00:40:37,840 --> 00:40:40,440
 Yes, we are not doing that.

576
00:40:40,440 --> 00:40:41,600
 We have been working.

577
00:40:41,600 --> 00:40:46,520
 The long range planning team has been working on updating the website to try to get a little

578
00:40:46,520 --> 00:40:51,720
 more clarity and where all of this information is.

579
00:40:51,720 --> 00:40:57,320
 But that's a really great point, and we'll keep working on it.

580
00:40:57,320 --> 00:41:06,760
 I've got a couple.

581
00:41:06,760 --> 00:41:18,560
 Do we have a process in place for other city activities when they are taking future projective

582
00:41:18,560 --> 00:41:29,880
 data, that they must use the comprehensive plan flume as the basis for their assumptions?

583
00:41:29,880 --> 00:41:38,280
 I don't, and Haley may correct me here, so I don't, I can't speak to all departments.

584
00:41:38,280 --> 00:41:44,060
 I can say that the planning department in the last year has been very intentional to

585
00:41:44,060 --> 00:41:49,560
 meet with other departments and coordinate with them, and as a reminder, like, hey, we

586
00:41:49,560 --> 00:41:51,720
 have a comprehensive plan.

587
00:41:51,720 --> 00:42:00,360
 So it's really been on the forefront of our minds, and I know we have a lot of department

588
00:42:00,360 --> 00:42:04,880
 heads and departments who are very invested in the comprehensive plan.

589
00:42:04,880 --> 00:42:07,920
 So I don't know about everyone's processes.

590
00:42:07,920 --> 00:42:08,920
 It's a great question.

591
00:42:08,920 --> 00:42:16,560
 I don't know if Haley.

592
00:42:16,560 --> 00:42:19,920
 All of the plans I can think of that have been recently updated, yes, have taken that

593
00:42:19,920 --> 00:42:21,360
 future land use map into account.

594
00:42:21,360 --> 00:42:26,720
 For example, the, like, even the impact fee studies and the utility master plans that

595
00:42:26,720 --> 00:42:30,640
 we've been working on, I know they've met with planning several times to go over, like,

596
00:42:30,640 --> 00:42:34,760
 what do these things on the future land use map mean and have us walk them through, like,

597
00:42:34,760 --> 00:42:38,360
 future growth projections that they could assume safely based on if things developed

598
00:42:38,360 --> 00:42:41,160
 as anticipated by the future land use map.

599
00:42:41,160 --> 00:42:43,040
 Yeah, I mean, that's good to hear.

600
00:42:43,040 --> 00:42:48,800
 I think obviously we've made a lot of changes in the last five to eight years.

601
00:42:48,800 --> 00:42:56,280
 We have a more unified transportation planning group now than we used to.

602
00:42:56,280 --> 00:43:02,440
 The one example, sort of a counter example, perhaps from several, many years ago that

603
00:43:02,440 --> 00:43:11,920
 I'm aware of is we did sort of an area-wide South Denton transportation analysis study

604
00:43:11,920 --> 00:43:18,320
 that was done sort of as a precursor to the Hickory Creek Road.

605
00:43:18,320 --> 00:43:24,920
 I really can't speak this night, I apologize, the Hickory Creek Road area kind of thing.

606
00:43:24,920 --> 00:43:30,920
 And I know the land use assumptions that it used were definitely not what was in our comprehensive

607
00:43:30,920 --> 00:43:31,920
 plan.

608
00:43:31,920 --> 00:43:40,600
 We were doing, you know, four to six units per acre in areas where we had rural identified.

609
00:43:40,600 --> 00:43:42,760
 I trust that we're doing that less.

610
00:43:42,760 --> 00:43:48,320
 And it's good to hear that the water and wastewater plan, you know, because it's not just the

611
00:43:48,320 --> 00:43:54,520
 plans that show up here, it's also the traffic studies, the drainage studies, the water studies,

612
00:43:54,520 --> 00:43:57,780
 all those sorts of things, and certainly the road studies.

613
00:43:57,780 --> 00:44:03,640
 So it's good to hear if there's a need to get more direction to make sure that we're

614
00:44:03,640 --> 00:44:09,320
 doing that more than just incidentally as we bump into people in the hallway, I would

615
00:44:09,320 --> 00:44:11,560
 be interested in seeing that.

616
00:44:11,560 --> 00:44:19,600
 But I don't want to layer on red tape that just slows everybody down, if that makes sense.

617
00:44:19,600 --> 00:44:20,840
 Thank you.

618
00:44:20,840 --> 00:44:26,600
 And then I do have one, it's not really a question, but to Commissioner Dyer's love

619
00:44:26,600 --> 00:44:32,560
 of history, oh, one, before I forget, I want to find out where you found the 1999 plan,

620
00:44:32,560 --> 00:44:36,040
 because I think I read some stuff in there many years ago, and then I couldn't find

621
00:44:36,040 --> 00:44:37,040
 it again.

622
00:44:37,040 --> 00:44:40,600
 I have a real life copy.

623
00:44:40,600 --> 00:44:47,040
 Oh, my goodness, anyway, but, you know, I think a few months ago, we had talked in one

624
00:44:47,040 --> 00:44:54,720
 of the boot camps, I think, about zoning, and in the way now that we implement our zoning

625
00:44:54,720 --> 00:45:03,160
 codes based on a rational nexus from the comprehensive plan, the 1960s plan also had some things

626
00:45:03,160 --> 00:45:06,680
 that it talked about that were then implemented in later plans.

627
00:45:06,680 --> 00:45:15,160
 So that zoning ordinance prior to the CIS 65 had, you know, three different zoning categories.

628
00:45:15,160 --> 00:45:19,040
 I think it was residential, mixed use and industrial or something like that.

629
00:45:19,040 --> 00:45:20,040
 It was business.

630
00:45:20,040 --> 00:45:21,040
 Business.

631
00:45:21,040 --> 00:45:22,840
 I apologize.

632
00:45:22,840 --> 00:45:29,360
 And then the next zoning code expanded that into 17 categories, right, so it went from

633
00:45:29,360 --> 00:45:34,520
 three to 17, and there's a little -- I am not making any claims that this is happening

634
00:45:34,520 --> 00:45:39,680
 now, but I just think it helps us to understand our history as a city as well as as a nation

635
00:45:39,680 --> 00:45:42,280
 and how these things came about.

636
00:45:42,280 --> 00:45:48,880
 So a part of that 1960 comprehensive plan talks about sort of neighborhoods and what

637
00:45:48,880 --> 00:45:51,420
 they are.

638
00:45:51,420 --> 00:45:59,000
 And then it goes along and says, you know, residential areas to include features which

639
00:45:59,000 --> 00:46:01,760
 will contribute to this ideal arrangement.

640
00:46:01,760 --> 00:46:07,040
 These neighborhood units are usually set off or defined by natural barriers such as drainage,

641
00:46:07,040 --> 00:46:12,280
 courses, railroads, or major traffic thoroughfares and highways.

642
00:46:12,280 --> 00:46:17,680
 The objective usually attached to such neighborhood concept, such a neighborhood concept, is the

643
00:46:17,680 --> 00:46:22,880
 development of neighborhood units of homogeneous groups of people having similarity in racial

644
00:46:22,880 --> 00:46:28,320
 characteristics, income levels, and general social and economic interests.

645
00:46:28,320 --> 00:46:34,600
 And then it goes on and talks about shopping districts at the intersection of these.

646
00:46:34,600 --> 00:46:39,400
 So I just found that interesting, you know, to see the history behind a comprehensive

647
00:46:39,400 --> 00:46:46,480
 plan that was rooted in some not great things into a zoning code and how we can move forward

648
00:46:46,480 --> 00:46:48,960
 from that, so.

649
00:46:48,960 --> 00:46:53,360
 Any other questions, comments?

650
00:46:53,360 --> 00:46:55,120
 Commissioner Riggs?

651
00:46:55,120 --> 00:47:01,600
 I think can you just talk to maybe the collaboration between city departments, because that was

652
00:47:01,600 --> 00:47:08,240
 something that was mentioned, like I'm sure it's there, can you just talk to it?

653
00:47:08,240 --> 00:47:09,240
 I can.

654
00:47:09,240 --> 00:47:16,640
 I have, so with any comprehensive plan or planning effort, we typically have a technical

655
00:47:16,640 --> 00:47:22,760
 advisory committee and that is made up of different departments who they weigh in on

656
00:47:22,760 --> 00:47:26,960
 any recommendations, any ideas associated with it.

657
00:47:26,960 --> 00:47:31,400
 So from the beginning we do talk to the different departments.

658
00:47:31,400 --> 00:47:36,720
 But other departments don't live and breathe the comprehensive plan like the planning department

659
00:47:36,720 --> 00:47:43,880
 does because, you know, it's kind of our guiding document, but other departments, you know,

660
00:47:43,880 --> 00:47:47,640
 they have other plans that they look at as well.

661
00:47:47,640 --> 00:47:55,000
 So that's why we have, in the last year, we did a large meeting with all city departments

662
00:47:55,000 --> 00:48:00,000
 and then we also did individual meetings with each individual department and went over with

663
00:48:00,000 --> 00:48:06,040
 them what the comp plan says that they are supposed to be doing.

664
00:48:06,040 --> 00:48:12,520
 And then even before that, we provide an update every year, and I still haven't done it for

665
00:48:12,520 --> 00:48:17,520
 this year, but it's coming, about what the city has accomplished with the comp plan every

666
00:48:17,520 --> 00:48:18,520
 year.

667
00:48:18,520 --> 00:48:23,520
 And so that keeps it on the forefront, especially when directors are doing work plans for the

668
00:48:23,520 --> 00:48:28,180
 year to see what does the comp plan say, what do we need to accomplish.

669
00:48:28,180 --> 00:48:34,080
 So all of our departments or directors really have been great about that.

670
00:48:34,080 --> 00:48:41,320
 And then with the new Envisio software, that dashboard where we can keep track of these

671
00:48:41,320 --> 00:48:47,600
 things, they will automatically be making a yearly update to the comp plan to say, hey,

672
00:48:47,600 --> 00:48:53,440
 here's what the comp plan says you were going to do, you know, what progress have you made

673
00:48:53,440 --> 00:48:55,960
 on it, can you give a quick blurb and update.

674
00:48:55,960 --> 00:49:02,640
 So we do try to keep it on the forefront and continue to coordinate with the different

675
00:49:02,640 --> 00:49:07,920
 departments.

676
00:49:07,920 --> 00:49:11,400
 >> It's interesting that you just brought that up, that you like meet with the departments

677
00:49:11,400 --> 00:49:14,600
 and say like this is what you're supposed to be doing, because when you talked about

678
00:49:14,600 --> 00:49:18,200
 -- did you say there was like 500 like statutes or something in there?

679
00:49:18,200 --> 00:49:20,640
 >> Like 573 action items.

680
00:49:20,640 --> 00:49:25,880
 >> And that was one of my first thoughts is like, how closely does everybody follow this?

681
00:49:25,880 --> 00:49:30,280
 Because when you get to have so many, like do y'all know it like the back of your hand?

682
00:49:30,280 --> 00:49:34,760
 Like are you tracking that people are following this?

683
00:49:34,760 --> 00:49:40,160
 Is there any like ramifications if they're not, like what does that all look like?

684
00:49:40,160 --> 00:49:44,260
 >> Well, it is ambitious, because remember, make no little plans, right?

685
00:49:44,260 --> 00:49:48,480
 So it is an ambitious plan.

686
00:49:48,480 --> 00:49:56,400
 And so we -- there's not really a punishment, but we encourage the different departments

687
00:49:56,400 --> 00:49:58,960
 to accomplish the things.

688
00:49:58,960 --> 00:50:05,320
 So some of those action items really are those probably more closely aligned with policy

689
00:50:05,320 --> 00:50:06,320
 statements.

690
00:50:06,320 --> 00:50:12,920
 And so, you know, it does help us if, for instance, if I know there was one statement

691
00:50:12,920 --> 00:50:18,640
 that in the comp plan that parks needs to coordinate with Denton ISD.

692
00:50:18,640 --> 00:50:24,760
 And if you recall, maybe in the last year, there was a coordination with parks and Bournemouth

693
00:50:24,760 --> 00:50:27,000
 Elementary with Denton ISD.

694
00:50:27,000 --> 00:50:33,600
 So the comp plan may not be extremely prescriptive on how it gets done, but it just gives that

695
00:50:33,600 --> 00:50:38,200
 supporting documentation to say, hey, parks, this is what the community said we wanted

696
00:50:38,200 --> 00:50:39,200
 to do.

697
00:50:39,200 --> 00:50:45,040
 So we really just kind of track it in that manner and just provide the support for the

698
00:50:45,040 --> 00:50:52,840
 different departments.

699
00:50:52,840 --> 00:50:53,840
 >> Thank you very much, Julie.

700
00:50:53,840 --> 00:50:54,840
 >> Thank you.

701
00:50:54,840 --> 00:50:57,000
 >> Excellent presentation, by the way.

702
00:50:57,000 --> 00:51:03,080
 And we really enjoy your yearly updates, so I'll be looking forward to that.

703
00:51:03,080 --> 00:51:09,740
 I think that is it for our work session.

704
00:51:09,740 --> 00:51:22,360
 So at 553, I will call our work session to a close.

705
00:51:22,360 --> 00:51:28,000
 Thank you.

706
00:51:28,000 --> 00:51:29,000
 >> Good evening.

707
00:51:29,000 --> 00:51:35,520
 At 632 p.m. on August 13th, I will call our regular meeting of the Denton Planning and

708
00:51:35,520 --> 00:51:38,900
 Zoning Commission to order.

709
00:51:38,900 --> 00:51:43,560
 With the quorum present, our first order of business is pledge allegiance to the U.S.

710
00:51:43,560 --> 00:51:45,160
 and Texas flag.

711
00:51:45,160 --> 00:51:54,080
 >> I pledge allegiance to the flag of the United States of America, and to the republic

712
00:51:54,080 --> 00:52:02,120
 for which it stands, one nation under God, indivisible, with liberty and justice for

713
00:52:02,120 --> 00:52:03,120
 all.

714
00:52:03,120 --> 00:52:20,620
 >> Honor the Texas flag, pledge allegiance to the Texas one state under God, one indivisible.

715
00:52:20,620 --> 00:52:26,280
 >> That brings us to item 2A, consider approval of the Planning and Zoning Commission minutes.

716
00:52:26,280 --> 00:52:33,900
 This also includes the capital improvement advisory minutes from June 23rd.

717
00:52:33,900 --> 00:52:37,720
 Take a motion or discussion.

718
00:52:37,720 --> 00:52:38,720
 Commissioner Dyer.

719
00:52:38,720 --> 00:52:42,600
 >> I make a motion to go ahead and approve the minutes.

720
00:52:42,600 --> 00:52:43,600
 >> Commissioner Riggs.

721
00:52:43,600 --> 00:52:44,600
 >> Second.

722
00:52:44,600 --> 00:52:51,920
 >> Let's vote on the board.

723
00:52:51,920 --> 00:52:54,120
 Item passes 5-0.

724
00:52:54,120 --> 00:53:00,660
 That brings us to item 3A, FP250020B.

725
00:53:00,660 --> 00:53:07,200
 Yeah, sorry.

726
00:53:07,200 --> 00:53:09,160
 This is the consent agenda.

727
00:53:09,160 --> 00:53:13,960
 Any questions on the consent agenda from the commission or motion?

728
00:53:13,960 --> 00:53:14,960
 Commissioner Riggs.

729
00:53:14,960 --> 00:53:18,400
 >> I make a motion to approve the consent agenda.

730
00:53:18,400 --> 00:53:19,400
 >> Commissioner McDuff.

731
00:53:19,400 --> 00:53:21,480
 >> I second.

732
00:53:21,480 --> 00:53:28,420
 >> With that, I'll call for a vote on the board.

733
00:53:28,420 --> 00:53:30,480
 That item passes 5-0.

734
00:53:30,480 --> 00:53:35,120
 Brings us to items for individual consideration for a FR250019.

735
00:53:35,120 --> 00:53:46,440
 >> Good evening, Chair and commission.

736
00:53:46,440 --> 00:53:49,220
 Cameron Robertson, principal planner.

737
00:53:49,220 --> 00:53:53,880
 This is for a final replat of the North Lake Shopping Center addition.

738
00:53:53,880 --> 00:54:01,440
 It is approximately 15.8 acres located generally on the northeast corner of Bonnie Bray and

739
00:54:01,440 --> 00:54:02,440
 US 380.

740
00:54:02,440 --> 00:54:07,200
 Currently at this time, it does not meet our criteria for approval, but staff has no objection

741
00:54:07,200 --> 00:54:15,480
 to a first extension request to September 10th, and I can stand for any questions.

742
00:54:15,480 --> 00:54:16,480
 >> Commissioner Riggs.

743
00:54:16,480 --> 00:54:22,520
 >> I make a motion to extend to September 10th, 2025.

744
00:54:22,520 --> 00:54:24,800
 >> And Commissioner McDuff.

745
00:54:24,800 --> 00:54:31,800
 >> I'll second that emotion to approve to a date certain of 9/10/25, an extension.

746
00:54:31,800 --> 00:54:37,440
 >> That's to continue not approve, correct?

747
00:54:37,440 --> 00:54:38,440
 Commissioner McDuff.

748
00:54:38,440 --> 00:54:46,720
 >> Granted to a date certain of September 10th, 2025, an extension.

749
00:54:46,720 --> 00:54:54,880
 >> With that, I'll call for a vote on the board.

750
00:54:54,880 --> 00:54:56,920
 That item passes 5-0.

751
00:54:56,920 --> 00:55:01,920
 Brings us to 4BFP250025.

752
00:55:01,920 --> 00:55:12,360
 >> Good evening, Commissioner, assistant planner, here to present a request for approval of

753
00:55:12,360 --> 00:55:19,200
 a final plat that is a five-lot subdivision on the southeast corner of Oak Ridge Lane

754
00:55:19,200 --> 00:55:23,320
 and Fincher Road and the city of Denton's ETJ1.

755
00:55:23,320 --> 00:55:28,520
 This plat at the time does not meet our established criteria for approval, however, we have no

756
00:55:28,520 --> 00:55:39,040
 objection to the requested extension of the review to a date of September 10th, 2025.

757
00:55:39,040 --> 00:55:41,460
 >> Commissioner Riggs.

758
00:55:41,460 --> 00:55:45,920
 >> Make a motion to extend to September 10th, 2025.

759
00:55:45,920 --> 00:55:48,000
 >> Commissioner Dyer.

760
00:55:48,000 --> 00:55:51,400
 >> I will second that motion to extend to September 10th.

761
00:55:51,400 --> 00:55:52,980
 >> Thank you.

762
00:55:52,980 --> 00:55:57,720
 Seeing no questions, I'll call for a vote on the board.

763
00:55:57,720 --> 00:56:03,640
 >> That item passes 5-0.

764
00:56:03,640 --> 00:56:06,880
 Brings us to item 4CZCP25-0010.

765
00:56:06,880 --> 00:56:22,960
 >> Good evening, Chair, members of the commission, Mia Hines, senior planner.

766
00:56:22,960 --> 00:56:29,280
 This item as stated in the caption is a zoning compliance plan for a property proposing quick

767
00:56:29,280 --> 00:56:32,280
 vehicle servicing in the Razor Ranch overlay.

768
00:56:32,280 --> 00:56:39,040
 The site itself is just over one acre and it's located east of I-35, approximately 500

769
00:56:39,040 --> 00:56:43,280
 feet north of Panhandle Street.

770
00:56:43,280 --> 00:56:48,840
 The site itself is currently vacant and undeveloped, but to the north is another site that's undeveloped

771
00:56:48,840 --> 00:56:55,160
 to the east, also within Razor Ranch is a hotel convention center and indoor recreation.

772
00:56:55,160 --> 00:57:00,360
 And then to the south is a retail, existing retail store.

773
00:57:00,360 --> 00:57:05,480
 So details on the site itself, it's located, like I said, off of I-35, just east of I-35,

774
00:57:05,480 --> 00:57:08,440
 north of Panhandle Drive.

775
00:57:08,440 --> 00:57:13,520
 The zoning or the base zoning within the Razor Ranch overlay area is south commercial district

776
00:57:13,520 --> 00:57:18,880
 or SCD, and the use is generally permitted in that SCD district does include commercial

777
00:57:18,880 --> 00:57:23,440
 services like as being proposed, as well as the retail and restaurant that we see surrounding

778
00:57:23,440 --> 00:57:24,560
 it.

779
00:57:24,560 --> 00:57:29,480
 So typically, zoning compliance plans do not come before this body, but it is stipulated

780
00:57:29,480 --> 00:57:34,960
 in the Razor Ranch overlay standards that approval of site plans must come from the Planning

781
00:57:34,960 --> 00:57:37,880
 and Zoning Commission, so that is why this is before you this evening.

782
00:57:37,880 --> 00:57:42,080
 And what we take a look at is the site plan, the landscape plan, as well as four-sided building

783
00:57:42,080 --> 00:57:47,400
 elevations to ensure that they are complying with the appropriate standards within Razor

784
00:57:47,400 --> 00:57:48,400
 specifically.

785
00:57:48,400 --> 00:57:53,400
 And as provided in your backup, this one is Exhibit C1 for architectural requirements,

786
00:57:53,400 --> 00:57:57,160
 and Exhibit D1 for landscape requirements.

787
00:57:57,160 --> 00:58:01,960
 This does meet all of the approval criteria listed in the Razor Ranch overlay ordinance.

788
00:58:01,960 --> 00:58:06,120
 Specifically, the site plan does comply with the concept and schematic plan approved for

789
00:58:06,120 --> 00:58:08,920
 the overall area of Razor Ranch by City Council.

790
00:58:08,920 --> 00:58:13,720
 The site plan does also provide for compatible arrangement of the one building that is proposing

791
00:58:13,720 --> 00:58:18,960
 and land uses as it is approved and was approved for that site.

792
00:58:18,960 --> 00:58:23,800
 The site plan provides for adequate and safe circulation of vehicular traffic, and the

793
00:58:23,800 --> 00:58:30,520
 plan does fully comply with other specific sections as stipulated in the overlay ordinance.

794
00:58:30,520 --> 00:58:35,960
 So on the site plan, you'll see a just under 6,000 square foot building with 10 service

795
00:58:35,960 --> 00:58:37,800
 bays for quick vehicle servicing.

796
00:58:37,800 --> 00:58:43,920
 They do have 37 vehicular parking spaces on this site and two internal bicycle parking

797
00:58:43,920 --> 00:58:44,920
 spaces.

798
00:58:44,920 --> 00:58:48,040
 The driveways themselves do not connect to the public street.

799
00:58:48,040 --> 00:58:54,040
 They connect to the sort of internal Razor system, Razor private public access easement

800
00:58:54,040 --> 00:59:00,640
 system, and they also are proposing extension of some existing pedestrian stubs and sidewalks

801
00:59:00,640 --> 00:59:01,880
 in that area.

802
00:59:01,880 --> 00:59:08,560
 The green area that you see there is an existing portion of the driveway developed with the

803
00:59:08,560 --> 00:59:14,080
 rooms to go to the south, so they are maintaining that through access through there, and then

804
00:59:14,080 --> 00:59:18,400
 they are also of course providing what you see in orange as the other vehicular access

805
00:59:18,400 --> 00:59:19,400
 there.

806
00:59:19,400 --> 00:59:26,880
 Similarly, the purple area that you see there is the pedestrian path just adjacent to the

807
00:59:26,880 --> 00:59:32,720
 property line and connecting to the other areas within Razor for people to walk.

808
00:59:32,720 --> 00:59:36,400
 As far as landscaping, they are meeting the minimum requirements with an overall landscape

809
00:59:36,400 --> 00:59:42,400
 area proposed at 28%, and an overall 36% tree canopy cover.

810
00:59:42,400 --> 00:59:48,080
 They are proposing a bit of an alternative landscape plan as the requirement of street

811
00:59:48,080 --> 00:59:55,560
 trees for this site makes it, or an existing easement makes it challenging to plant the

812
00:59:55,560 --> 01:00:01,360
 trees that are proposed or would be existing on the side that is closer to I-35, so majority

813
01:00:01,360 --> 01:00:07,200
 of those trees they have moved to screen the actual internal private drive and the parking

814
01:00:07,200 --> 01:00:11,920
 area that is between the building and that internal drive that is most likely the way

815
01:00:11,920 --> 01:00:15,000
 that people would be accessing this building.

816
01:00:15,000 --> 01:00:18,680
 So the trees are there and the shrubbery is there just in a different location on this

817
01:00:18,680 --> 01:00:21,480
 site.

818
01:00:21,480 --> 01:00:25,600
 Here are the conceptual building elevations that they are proposed, that color palette

819
01:00:25,600 --> 01:00:32,120
 that they are proposing is consistent with the Razor Ranch overlay color palette standards,

820
01:00:32,120 --> 01:00:37,760
 and basically the rear facing elevation or the rear facing west elevation is what you

821
01:00:37,760 --> 01:00:42,300
 would see off of I-35, and that front elevation is what you would see from that internal private

822
01:00:42,300 --> 01:00:44,320
 drive system.

823
01:00:44,320 --> 01:00:49,640
 So with that, staff is recommending approval, and I didn't, I felt to mention this in this

824
01:00:49,640 --> 01:00:55,000
 portion so I'll talk about it here, staff is recommending conditional approval of this

825
01:00:55,000 --> 01:01:01,120
 site plan provided that a replat occur prior to the issuance of any building permits.

826
01:01:01,120 --> 01:01:05,720
 As you can see on the site plan, the red line is representative of the current property

827
01:01:05,720 --> 01:01:10,720
 line for this site, they do have some parking and some landscaping proposed technically

828
01:01:10,720 --> 01:01:16,480
 outside the boundary of their existing property line, and so in order to make sure that it's

829
01:01:16,480 --> 01:01:21,400
 all in the same lot and a service of this use, they will need to replat that property

830
01:01:21,400 --> 01:01:23,200
 before they receive any building permits.

831
01:01:23,200 --> 01:01:27,640
 Other than that, they are meeting all the criteria as discussed before, and so staff

832
01:01:27,640 --> 01:01:32,680
 is recommending conditional approval subject of course to that replat occurring prior to

833
01:01:32,680 --> 01:01:36,440
 them pulling building permits.

834
01:01:36,440 --> 01:01:42,640
 That pretty much concludes my presentation, are there any questions?

835
01:01:42,640 --> 01:01:47,760
 - Dr. Dyer. - So going back to the landscape plan when

836
01:01:47,760 --> 01:01:57,040
 you said that they are not gonna put any trees along the property boundary with the interstate

837
01:01:57,040 --> 01:02:04,360
 because of the 20 foot requirement from TxDOT, is that all the space they have?

838
01:02:04,360 --> 01:02:10,840
 Is there an opportunity in the future once all the frontage roads and everything is done

839
01:02:10,840 --> 01:02:17,480
 for them to go back just to visually kind of make that a lot nicer as you're going

840
01:02:17,480 --> 01:02:25,080
 down the interstate so it's not just all road, grass, some bushes and parking lot?

841
01:02:25,080 --> 01:02:31,160
 - I'm not sure I can look into what the TxDOT street tree plan is, I doubt that there is

842
01:02:31,160 --> 01:02:37,140
 one in that area, I will say that the requirement is a 15 foot landscape buffer in between the

843
01:02:37,140 --> 01:02:43,660
 parking and the right of way, they do still have that, maintain that landscape buffer

844
01:02:43,660 --> 01:02:47,400
 there, it's just the placement of the trees becomes a little bit challenging because they're

845
01:02:47,400 --> 01:02:51,320
 trying to maintain the easements and fit in the parking that they need for this site.

846
01:02:51,320 --> 01:02:57,080
 I think one of the other challenges is that they've had to work with the existence of

847
01:02:57,080 --> 01:03:04,800
 this cut through here and that was kind of orienting their site around that and so any

848
01:03:04,800 --> 01:03:09,160
 other additional parking spaces that they might have been able to put elsewhere and

849
01:03:09,160 --> 01:03:16,320
 maybe plant trees, they're a little bit restricted to the existing site conditions but the trees

850
01:03:16,320 --> 01:03:22,200
 and the canopy that we're going for is still there and then again the screening of the

851
01:03:22,200 --> 01:03:26,520
 parking lot is still occurring, it's just on the other public access street.

852
01:03:26,520 --> 01:03:30,440
 - Do we know how tall those hollies will get?

853
01:03:30,440 --> 01:03:34,480
 - Not off the top of my head, no.

854
01:03:34,480 --> 01:03:46,560
 - Okay, I guess I'll just say I do appreciate the fact that while they couldn't have as

855
01:03:46,560 --> 01:03:53,200
 many trees on the western border, they did move them sort of right above where the pedestrian

856
01:03:53,200 --> 01:03:59,560
 access is so it should provide some shade there and separation from the rest of the

857
01:03:59,560 --> 01:04:04,560
 things within Razor Ranch area.

858
01:04:04,560 --> 01:04:07,160
 - Commissioner Riggs.

859
01:04:07,160 --> 01:04:13,080
 - Thank you Mia and I make a motion to approve as presented by staff.

860
01:04:13,080 --> 01:04:15,480
 - So at conditional approval?

861
01:04:15,480 --> 01:04:16,860
 - Yes.

862
01:04:16,860 --> 01:04:20,840
 - Okay and Commissioner MacDuff.

863
01:04:20,840 --> 01:04:27,920
 - Thank you Mia, Ms. Hines, I appreciate your attention to detail and I'd like to second

864
01:04:27,920 --> 01:04:32,560
 the conditional approval as presented by staff.

865
01:04:32,560 --> 01:04:38,360
 - Any other questions?

866
01:04:38,360 --> 01:04:47,440
 Seeing none, I'll call for a vote on the board.

867
01:04:47,440 --> 01:04:54,080
 That item passes five zero which brings us to our next item of individual consideration

868
01:04:54,080 --> 01:05:00,680
 item 4D V25-0058.

869
01:05:00,680 --> 01:05:15,280
 - Good evening Chair, members of the commission, Angie Manglars here to present V25-0058.

870
01:05:15,280 --> 01:05:18,000
 This is a subdivisions variance request.

871
01:05:18,000 --> 01:05:23,280
 Specifically, this is a variance request from standards in subchapter eight requiring that

872
01:05:23,280 --> 01:05:28,160
 no more than three residential dwelling units access a public street by means of a private

873
01:05:28,160 --> 01:05:29,780
 access easement.

874
01:05:29,780 --> 01:05:35,120
 This particular 10 acre tract of land is located approximately 390 feet north of East Ganser

875
01:05:35,120 --> 01:05:36,120
 Road.

876
01:05:36,120 --> 01:05:40,360
 It is situated in the ETJ and it does have a non-annexation agreement on it.

877
01:05:40,360 --> 01:05:44,160
 That does mean that this particular piece of property not only is required to follow

878
01:05:44,160 --> 01:05:47,720
 our subdivision standards but also does need to submit building permits through the city

879
01:05:47,720 --> 01:05:49,000
 of Denton.

880
01:05:49,000 --> 01:05:53,880
 The applicant intends to build a single family home on the lot located to the north, east

881
01:05:53,880 --> 01:05:59,800
 and south of the subject property are additional properties with NAAs in the ETJ division one.

882
01:05:59,800 --> 01:06:07,480
 Further west is undeveloped property inside city limits developed as rural residential.

883
01:06:07,480 --> 01:06:12,920
 There are currently four dwelling units that access Ganser Road through this private access

884
01:06:12,920 --> 01:06:13,920
 easement.

885
01:06:13,920 --> 01:06:18,080
 As stated, the applicant does intend to construct a single family home that would make this

886
01:06:18,080 --> 01:06:22,400
 the fifth home thus the variance request.

887
01:06:22,400 --> 01:06:26,360
 When reviewing a variance request there are a couple of considerations to take into account.

888
01:06:26,360 --> 01:06:29,240
 Staff does find that this application meets all of those requirements.

889
01:06:29,240 --> 01:06:32,680
 I'll just give you a little bit of a summary here tonight.

890
01:06:32,680 --> 01:06:38,400
 This is not anticipated to be detrimental to health life or safety of residents or other

891
01:06:38,400 --> 01:06:39,900
 property.

892
01:06:39,900 --> 01:06:44,340
 It is because of the particular physical surroundings of this lot that this variance request is

893
01:06:44,340 --> 01:06:47,320
 coming forward not just by mere inconvenience.

894
01:06:47,320 --> 01:06:51,200
 It's not feasible or proportional for the property owner to dedicate and construct a

895
01:06:51,200 --> 01:06:53,600
 public road to their property.

896
01:06:53,600 --> 01:06:59,560
 Furthermore, this doesn't vary any other provisions within the comprehensive plan, the DDC or any

897
01:06:59,560 --> 01:07:03,320
 other city of Denton plans apart from the specific variance that's being requested

898
01:07:03,320 --> 01:07:04,580
 tonight.

899
01:07:04,580 --> 01:07:09,960
 And this particular condition that the owner is requesting a variance from is not due to

900
01:07:09,960 --> 01:07:11,160
 the owner's actions.

901
01:07:11,160 --> 01:07:16,400
 It's by kind of the unique manner in which properties in the ETJ tend to develop and some

902
01:07:16,400 --> 01:07:20,680
 of the lack of public infrastructure that this variance is needed.

903
01:07:20,680 --> 01:07:24,600
 Having said all of that, staff is recommending approval and does find that this request meets

904
01:07:24,600 --> 01:07:27,680
 our criteria for approval as specified in the DDC.

905
01:07:27,680 --> 01:07:31,880
 I'm happy to answer any questions you all may have.

906
01:07:31,880 --> 01:07:35,360
 Any questions or a motion?

907
01:07:35,360 --> 01:07:36,360
 Commissioner Riggs?

908
01:07:36,360 --> 01:07:37,360
 Yeah.

909
01:07:37,360 --> 01:07:38,360
 I have a question.

910
01:07:38,360 --> 01:07:40,440
 So you mentioned the infrastructure.

911
01:07:40,440 --> 01:07:44,800
 So how is the infrastructure to this home provided?

912
01:07:44,800 --> 01:07:51,640
 Is it by a typical meter or, I mean, does that make sense?

913
01:07:51,640 --> 01:07:55,600
 Water and septic, you mean?

914
01:07:55,600 --> 01:07:57,520
 Yes.

915
01:07:57,520 --> 01:08:01,520
 That particular infrastructure, I don't have the answer to, I do believe they're served

916
01:08:01,520 --> 01:08:02,520
 by septic.

917
01:08:02,520 --> 01:08:03,520
 Okay.

918
01:08:03,520 --> 01:08:04,520
 They're out in the ETJ.

919
01:08:04,520 --> 01:08:06,520
 They're not on city infrastructure.

920
01:08:06,520 --> 01:08:07,520
 Okay.

921
01:08:07,520 --> 01:08:08,520
 Okay.

922
01:08:08,520 --> 01:08:13,760
 Well, I think that answers it and everything else that you provided, thank you.

923
01:08:13,760 --> 01:08:14,760
 Commissioner Dyer?

924
01:08:14,760 --> 01:08:15,760
 Okay.

925
01:08:15,760 --> 01:08:16,760
 No question.

926
01:08:16,760 --> 01:08:17,760
 Okay.

927
01:08:17,760 --> 01:08:23,280
 Oh yeah, I want to make a motion though.

928
01:08:23,280 --> 01:08:24,280
 Yes.

929
01:08:24,280 --> 01:08:25,280
 Okay.

930
01:08:25,280 --> 01:08:28,480
 I'd like to make a motion to go ahead and approve this recommendation.

931
01:08:28,480 --> 01:08:29,480
 Okay.

932
01:08:29,480 --> 01:08:30,480
 Commissioner MacDuff?

933
01:08:30,480 --> 01:08:31,480
 Yes.

934
01:08:31,480 --> 01:08:39,480
 I'd like to second this motion for the proposal as recommended by staff.

935
01:08:39,480 --> 01:08:47,480
 Having no other questions or discussion, I'll call for a vote on the board.

936
01:08:47,480 --> 01:09:00,520
 That item passes five zero, brings us to our last individual consideration item, V25-0050.

937
01:09:00,520 --> 01:09:13,840
 Good evening, Erin Stanley, Assistant Planner.

938
01:09:13,840 --> 01:09:16,840
 This is a request for another subdivision variance.

939
01:09:16,840 --> 01:09:22,440
 This site is located north of East Mosh Branch Road, west of Barthold Road, approximately

940
01:09:22,440 --> 01:09:25,600
 a thousand feet just east of the town of Crum.

941
01:09:25,600 --> 01:09:34,560
 It is in the ETJ-1 territory and this is a subdivision variance request from the DDC

942
01:09:34,560 --> 01:09:39,840
 requirement that flagpole drives cannot be more than 300 feet long.

943
01:09:39,840 --> 01:09:49,800
 This applicant is proposing a 475 foot long flag drive to access the rear lot for R1.

944
01:09:49,800 --> 01:09:51,360
 So some considerations.

945
01:09:51,360 --> 01:09:55,640
 This site is already developed with a existing single family home.

946
01:09:55,640 --> 01:10:02,680
 The granting of this variance would not anticipate that it is detrimental to the public safety,

947
01:10:02,680 --> 01:10:07,800
 health or welfare of the property or adjacent properties.

948
01:10:07,800 --> 01:10:13,400
 The required minimum 24 foot wide flagpole drive is being provided.

949
01:10:13,400 --> 01:10:17,680
 A permanent turnaround will also be provided in the rear lot and access will be taken either

950
01:10:17,680 --> 01:10:22,400
 from the existing drive or another drive onto Mosh Branch Road.

951
01:10:22,400 --> 01:10:29,360
 The request is also due to the particular surroundings and shape topographical condition.

952
01:10:29,360 --> 01:10:34,000
 In particular for this property it is a long narrow shape which would be difficult to subdivide

953
01:10:34,000 --> 01:10:37,560
 any other way than a flag drive.

954
01:10:37,560 --> 01:10:42,360
 They also are on well and septic similar to the last plot and that requires a minimum

955
01:10:42,360 --> 01:10:48,960
 of two acres for each lot, kind of requiring this configuration and that longer flag drive

956
01:10:48,960 --> 01:10:51,880
 to be able to meet that two acres.

957
01:10:51,880 --> 01:10:57,080
 And like I said there is the existing home which would limit their ability to divide

958
01:10:57,080 --> 01:11:00,380
 it any other way.

959
01:11:00,380 --> 01:11:07,160
 This subdivision variance would not vary any other DDC comprehensive plan or mobility plan

960
01:11:07,160 --> 01:11:11,300
 provision except as authorized by this variance.

961
01:11:11,300 --> 01:11:17,960
 And the specific conditions which make this variance necessary were not created by the

962
01:11:17,960 --> 01:11:19,280
 current property owner.

963
01:11:19,280 --> 01:11:24,880
 He did purchase it after the lot was already plotted in this configuration and the specific

964
01:11:24,880 --> 01:11:29,440
 size and shape would reasonably warrant a desire to subdivide this property in this

965
01:11:29,440 --> 01:11:36,280
 manner since it is quite a large lot and has that long narrow shape.

966
01:11:36,280 --> 01:11:40,920
 With that staff is recommending approval as it meets all of the criteria for approval

967
01:11:40,920 --> 01:11:44,120
 and I will be happy to answer any questions.

968
01:11:44,120 --> 01:11:45,120
 >> Commissioner.

969
01:11:45,120 --> 01:11:52,400
 >> Sorry, I have lots of questions.

970
01:11:52,400 --> 01:11:57,080
 So is the total between the two, is it like four or five acres?

971
01:11:57,080 --> 01:11:59,840
 >> 4.5 is the total, yes.

972
01:11:59,840 --> 01:12:07,500
 >> And then I notice that all of the neighboring properties seem to be of the same size.

973
01:12:07,500 --> 01:12:13,840
 Have any of the neighbors, have you heard good or bad from them about their thoughts

974
01:12:13,840 --> 01:12:16,160
 or have they been -- are they required to be notified?

975
01:12:16,160 --> 01:12:18,320
 I'm assuming not because it's ETJ.

976
01:12:18,320 --> 01:12:19,320
 >> Correct.

977
01:12:19,320 --> 01:12:22,600
 And plots of subdivision variance does not require notification.

978
01:12:22,600 --> 01:12:23,600
 >> Okay.

979
01:12:23,600 --> 01:12:29,400
 And is this being divided because it's being sold to like a family member so that way they

980
01:12:29,400 --> 01:12:31,960
 can have two residences on it?

981
01:12:31,960 --> 01:12:35,580
 >> I do not know who it is intended for.

982
01:12:35,580 --> 01:12:38,400
 I don't believe it will be the same owner.

983
01:12:38,400 --> 01:12:39,400
 So --

984
01:12:39,400 --> 01:12:40,400
 >> Okay.

985
01:12:40,400 --> 01:12:41,400
 Thank you.

986
01:12:41,400 --> 01:12:42,400
 >> Commissioner Riggs.

987
01:12:42,400 --> 01:12:43,400
 >> Thank you, Erin.

988
01:12:43,400 --> 01:12:52,400
 Erin and I make a motion to approve as presented by staff.

989
01:12:52,400 --> 01:12:53,400
 >> Commissioner McDuff.

990
01:12:53,400 --> 01:12:54,400
 >> Yes.

991
01:12:54,400 --> 01:13:04,520
 Thank you for that attention to detail and I want to second the motion for staff approval.

992
01:13:04,520 --> 01:13:15,840
 Having no other discussion or questions, I'll call for a vote on the board.

993
01:13:15,840 --> 01:13:18,880
 That item passes 5-0.

994
01:13:18,880 --> 01:13:22,040
 That brings us to our public hearings.

995
01:13:22,040 --> 01:13:38,160
 First one is 5A, AESA 25-0001B.

996
01:13:38,160 --> 01:13:54,240
 Good morning, commissioners.

997
01:13:54,240 --> 01:14:00,080
 I'm Jennifer Rabezi, watershed protection coordinator with watershed protection and I am presenting

998
01:14:00,080 --> 01:14:06,120
 tonight for the approval of alternative AESA plan 25-001.

999
01:14:06,120 --> 01:14:12,520
 This is for mitigation of encroachments at the proposed Spencer Road industrial site.

1000
01:14:12,520 --> 01:14:18,440
 This alternative AESA proposes mitigation measures for two impact areas within the riparian

1001
01:14:18,440 --> 01:14:25,520
 buffer and undeveloped floodplain ESAs.

1002
01:14:25,520 --> 01:14:31,760
 The total acreage of the proposed site, so Spencer Road industrial, is 53.3 acres with

1003
01:14:31,760 --> 01:14:37,680
 proposed development consisting of four industrial buildings and all associated infrastructure

1004
01:14:37,680 --> 01:14:42,680
 including sidewalks, interior roads, detention and necessary utilities.

1005
01:14:42,680 --> 01:14:48,400
 The anticipated development impact area is approximately 42.9 acres.

1006
01:14:48,400 --> 01:14:56,080
 The current zoning for this tract is general office which allows for the proposed development.

1007
01:14:56,080 --> 01:15:02,480
 So it was determined that there were existing ESAs at the site using our official map and

1008
01:15:02,480 --> 01:15:08,880
 then through ESA field assessments, so ESA field assessment 25-001.

1009
01:15:08,880 --> 01:15:15,480
 It reviewed the status of a section of unnamed tributary to Pecan Creek that bisects the

1010
01:15:15,480 --> 01:15:21,000
 property laterally, so on the screen it's that kind of blue squiggling line.

1011
01:15:21,000 --> 01:15:26,800
 Developed floodplain and riparian buffer ESAs were confirmed as a result.

1012
01:15:26,800 --> 01:15:35,080
 ESA 25-001 also identified a contiguous tract of cross timbers upland habitat on the eastern

1013
01:15:35,080 --> 01:15:39,440
 perimeter and extending easterly beyond property bounds.

1014
01:15:39,440 --> 01:15:45,560
 So a portion of a larger cross timbers upland habitat forest of greater than 10 acres, it's

1015
01:15:45,560 --> 01:15:52,880
 included and the development will be removing a portion of the permitted amount and is thus

1016
01:15:52,880 --> 01:15:54,320
 not included in this request.

1017
01:15:54,320 --> 01:16:03,360
 It is not included because 34% of the cross timber ESA is being retained.

1018
01:16:03,360 --> 01:16:10,000
 So the proposed mitigation for the impacts is the proposed encroachment.

1019
01:16:10,000 --> 01:16:15,240
 It consists of a connecting road and detention outfall.

1020
01:16:15,240 --> 01:16:21,180
 The road crossing was placed at the northern section of the stream due to engineering constraints

1021
01:16:21,180 --> 01:16:26,520
 and transportation requirements resulting in unavoidable impacts to the ESA.

1022
01:16:26,520 --> 01:16:32,640
 0.23 acres of ESA are anticipated to be removed.

1023
01:16:32,640 --> 01:16:37,480
 Proposed mitigation activities consist of removing invasive understory Chinese privet

1024
01:16:37,480 --> 01:16:42,080
 growth from the ESAs not impacted by encroachments.

1025
01:16:42,080 --> 01:16:46,560
 Once the privet is removed, additional native habitats will be provided by planting native

1026
01:16:46,560 --> 01:16:49,840
 grasses and wildflowers in its place.

1027
01:16:49,840 --> 01:16:55,640
 So the overall intent of the mitigation plan is to offset the lost ecological values at

1028
01:16:55,640 --> 01:16:59,680
 the road crossing by improving conditions downstream.

1029
01:16:59,680 --> 01:17:04,840
 The resulting mitigation activities are anticipated to improve water quality conditions leaving

1030
01:17:04,840 --> 01:17:09,400
 this development.

1031
01:17:09,400 --> 01:17:18,000
 So this all ESA generally followed the procedures in DDC 272 for zoning map change.

1032
01:17:18,000 --> 01:17:23,720
 All necessary public hearing notifications were made and a neighborhood meeting was advertised

1033
01:17:23,720 --> 01:17:27,400
 but canceled due to a lack of response.

1034
01:17:27,400 --> 01:17:31,840
 So none was held.

1035
01:17:31,840 --> 01:17:36,520
 It is our recommendation for approval with conditions in our backup materials.

1036
01:17:36,520 --> 01:17:41,960
 So in our appendices and in the all ESA report itself, some of the highlights include that

1037
01:17:41,960 --> 01:17:47,200
 any improvements so any improvements to utilities, things like that, they are to commence prior

1038
01:17:47,200 --> 01:17:52,200
 to the issuance of the first building permit, vegetation will be monitored for growth until

1039
01:17:52,200 --> 01:18:00,720
 the project is accepted by ESS and a perpetual maintenance plan shall be filed with planning.

1040
01:18:00,720 --> 01:18:12,520
 So thank you for your time and I will accept any questions now.

1041
01:18:12,520 --> 01:18:15,520
 Any questions?

1042
01:18:15,520 --> 01:18:16,520
 Oh.

1043
01:18:16,520 --> 01:18:17,520
 Was it just?

1044
01:18:17,520 --> 01:18:18,520
 Sorry.

1045
01:18:18,520 --> 01:18:21,520
 I was like that the whole time.

1046
01:18:21,520 --> 01:18:29,320
 So it mentions vegetation but do we expect any proposed impact to any wildlife or anything

1047
01:18:29,320 --> 01:18:34,960
 like that that may be currently inhabiting that space?

1048
01:18:34,960 --> 01:18:42,400
 So the 0.23 acres, they do not refer to actual area because it's by type.

1049
01:18:42,400 --> 01:18:44,980
 So they're actually layered on top of one another.

1050
01:18:44,980 --> 01:18:48,200
 So the actual impacted area is slightly smaller.

1051
01:18:48,200 --> 01:18:54,720
 There will be some impacted but it won't be these kind of larger species.

1052
01:18:54,720 --> 01:18:58,780
 It will be kind of mostly your macroinvertebrate species.

1053
01:18:58,780 --> 01:19:02,620
 And then what we're returning is of greater value.

1054
01:19:02,620 --> 01:19:08,400
 Chinese private is so invasive and so hard to remove and really outside of the city's

1055
01:19:08,400 --> 01:19:11,300
 purview for any private project.

1056
01:19:11,300 --> 01:19:19,320
 So that is a big boon with this project, especially returning native grasses and wildflowers.

1057
01:19:19,320 --> 01:19:20,320
 Thank you.

1058
01:19:20,320 --> 01:19:28,760
 And I guess I had a question just to make sure I'm understanding what you're mentioning

1059
01:19:28,760 --> 01:19:34,800
 about that portion of the upland habitat that will be encroached upon that our requirement

1060
01:19:34,800 --> 01:19:40,560
 for upland habitat preservation is the same as our requirement for tree preservation essentially.

1061
01:19:40,560 --> 01:19:48,320
 So as long as they're requiring or preserving the trees that we require, then that encroachment

1062
01:19:48,320 --> 01:19:52,080
 is typical if they weren't asking for an alteasa.

1063
01:19:52,080 --> 01:19:53,080
 Is that correct?

1064
01:19:53,080 --> 01:19:54,080
 Sorry.

1065
01:19:54,080 --> 01:19:57,080
 I can answer that question.

1066
01:19:57,080 --> 01:20:00,960
 Joada Daly, Watershed Protection Manager.

1067
01:20:00,960 --> 01:20:07,000
 The preservation for commercial properties on upland habitat ESA is 30% and they're preserving

1068
01:20:07,000 --> 01:20:08,000
 34%.

1069
01:20:08,000 --> 01:20:09,000
 Got it.

1070
01:20:09,000 --> 01:20:10,000
 Thank you.

1071
01:20:10,000 --> 01:20:11,000
 All right.

1072
01:20:11,000 --> 01:20:13,000
 Any other questions?

1073
01:20:13,000 --> 01:20:14,000
 Okay.

1074
01:20:14,000 --> 01:20:15,000
 Commissioner Riggs.

1075
01:20:15,000 --> 01:20:23,560
 I make a motion to approve with conditions as recommended by staff.

1076
01:20:23,560 --> 01:20:25,440
 And Commissioner McDuff.

1077
01:20:25,440 --> 01:20:33,920
 We have a second here with motion to approve with the delineated conditions by staff.

1078
01:20:33,920 --> 01:20:39,760
 Any other questions or discussion?

1079
01:20:39,760 --> 01:20:42,080
 Seeing none, call for a vote.

1080
01:20:42,080 --> 01:20:44,000
 I'm sorry.

1081
01:20:44,000 --> 01:20:45,000
 This is a public hearing.

1082
01:20:45,000 --> 01:20:48,520
 I will open the public hearing.

1083
01:20:48,520 --> 01:20:50,440
 I do have a card to speak.

1084
01:20:50,440 --> 01:20:57,240
 Can I have a motion to table that motion, please?

1085
01:20:57,240 --> 01:20:58,240
 Yeah.

1086
01:20:58,240 --> 01:20:59,240
 I guess I jumped the gun.

1087
01:20:59,240 --> 01:21:00,240
 Yes.

1088
01:21:00,240 --> 01:21:01,240
 Yeah.

1089
01:21:01,240 --> 01:21:02,240
 It's my bad.

1090
01:21:02,240 --> 01:21:03,240
 Okay.

1091
01:21:03,240 --> 01:21:14,200
 So I do have a card to speak with Ms. Amy Bissett.

1092
01:21:14,200 --> 01:21:18,800
 You're welcome to come forward.

1093
01:21:18,800 --> 01:21:19,800
 Good evening, Commissioners.

1094
01:21:19,800 --> 01:21:22,920
 Amy Bissett, 109 North Elm, Denton 76201.

1095
01:21:22,920 --> 01:21:28,920
 I had a few slides, but if you all are prepared to vote, then I think that's fine.

1096
01:21:28,920 --> 01:21:31,000
 I'll just be here for any questions.

1097
01:21:31,000 --> 01:21:38,800
 Yeah, I think maybe if there's anything you have contextually about wildlife in the area,

1098
01:21:38,800 --> 01:21:39,800
 that might help.

1099
01:21:39,800 --> 01:21:44,960
 So, yes, let me share a couple of, a little bit of context on the questions that were

1100
01:21:44,960 --> 01:21:45,960
 asked.

1101
01:21:45,960 --> 01:21:51,360
 So Chair Pruitt, to your question regarding tree preservation versus the preservation

1102
01:21:51,360 --> 01:21:55,760
 requirement of the upland habitat, those are two separate requirements that have to be

1103
01:21:55,760 --> 01:21:56,760
 met individually.

1104
01:21:56,760 --> 01:22:03,280
 So the 34% of upland habitat that we are preserving does not count towards tree preservation.

1105
01:22:03,280 --> 01:22:09,480
 So then we have to also meet 30% of trees that are outside of the ESA, a minimum of

1106
01:22:09,480 --> 01:22:11,540
 that preservation as well.

1107
01:22:11,540 --> 01:22:19,920
 And as it relates to wildlife, the riparian buffer today is thoroughly inhabited by Chinese

1108
01:22:19,920 --> 01:22:30,440
 privet, which will inhibit the natural habitat for wildlife and by removing that privet and

1109
01:22:30,440 --> 01:22:36,760
 replacing it in 2.9 acres of area that is going to be maintained as a riparian buffer,

1110
01:22:36,760 --> 01:22:43,000
 or replacing it with native seed mix, that will actually enhance and protect and allow

1111
01:22:43,000 --> 01:22:52,080
 that ESA to provide a more appropriate and thorough habitat opportunity for wildlife.

1112
01:22:52,080 --> 01:22:57,760
 The disturbance is less than a quarter of an acre, so there may be some, there's a

1113
01:22:57,760 --> 01:23:02,840
 small amount of the habitat that will be disturbed, but there will be enhanced habitat, more enhanced

1114
01:23:02,840 --> 01:23:07,000
 habitat remaining for that wildlife to migrate over to.

1115
01:23:07,000 --> 01:23:10,920
 Did that work for you, Rudy?

1116
01:23:10,920 --> 01:23:15,880
 He wants to answer too, so, this is Rudy Reinike with IES.

1117
01:23:15,880 --> 01:23:16,880
 State your name and address.

1118
01:23:16,880 --> 01:23:21,080
 My name is Rudy Reinike, I work for Integrated Environmental Solutions, I'm the environmental

1119
01:23:21,080 --> 01:23:22,800
 consultant associate of this job.

1120
01:23:22,800 --> 01:23:27,320
 I can't resist talking about wildlife, so I appreciate the question.

1121
01:23:27,320 --> 01:23:30,880
 So what's unique about this project is the fact that there is an Atmos gas line on the

1122
01:23:30,880 --> 01:23:37,960
 north end, and part of this design was looking at access to either side, and for wildlife

1123
01:23:37,960 --> 01:23:43,680
 purposes, a lot of Texas Parks and Wildlife's concerns is about habitat fragmentation.

1124
01:23:43,680 --> 01:23:48,640
 So the component here is putting this road along an area that's already been divided,

1125
01:23:48,640 --> 01:23:52,760
 we're not increasing any habitat fragmentation as opposed to say, hypothetically, putting

1126
01:23:52,760 --> 01:23:57,120
 a road through the middle of it and dividing it into separate tracks.

1127
01:23:57,120 --> 01:24:03,340
 So the project as designed would limit the amount of impacts to these wildlife species

1128
01:24:03,340 --> 01:24:06,040
 by not creating more edge.

1129
01:24:06,040 --> 01:24:14,960
 The other thing to bring up is what Amy already discussed was the species diversity associated

1130
01:24:14,960 --> 01:24:18,280
 with privet dominated forests is very low.

1131
01:24:18,280 --> 01:24:24,200
 It's pushing out the native vegetation, the diverse vegetation, so the actual food sources

1132
01:24:24,200 --> 01:24:26,580
 for the wildlife is minimal.

1133
01:24:26,580 --> 01:24:34,480
 So there is lots of literature out there that these privet dominated woods really lack species

1134
01:24:34,480 --> 01:24:37,600
 of, a variety of species that would occur.

1135
01:24:37,600 --> 01:24:41,960
 So with the proposed project, we anticipate a lot of the native species coming back into

1136
01:24:41,960 --> 01:24:46,280
 these woods.

1137
01:24:46,280 --> 01:24:49,920
 Any questions?

1138
01:24:49,920 --> 01:24:51,840
 Commissioner Dyer.

1139
01:24:51,840 --> 01:24:58,280
 So I know that you said that about 34% of tree preservation is, you know, what you're

1140
01:24:58,280 --> 01:25:00,120
 required to do.

1141
01:25:00,120 --> 01:25:05,740
 Are you guys aiming to try to get more than that just because of, you know, I'm looking

1142
01:25:05,740 --> 01:25:13,280
 at a satellite view of this area and there's a lot of trees in there.

1143
01:25:13,280 --> 01:25:15,880
 I don't think it's all in the ESA.

1144
01:25:15,880 --> 01:25:19,760
 I think that's probably in your buildable area.

1145
01:25:19,760 --> 01:25:27,000
 But are you trying in that ESA to really, I just feel like sometimes developers just

1146
01:25:27,000 --> 01:25:32,460
 go and cut all the trees down because it's easier to move the dirt when you have no trees.

1147
01:25:32,460 --> 01:25:38,080
 It's less costly, but, you know, you can't, like that's years worth of growth.

1148
01:25:38,080 --> 01:25:40,280
 It's very hard to get that back.

1149
01:25:40,280 --> 01:25:41,280
 Absolutely.

1150
01:25:41,280 --> 01:25:44,720
 So I did go ahead and share a slide.

1151
01:25:44,720 --> 01:25:47,000
 I don't know if you guys can see it on your screens or not.

1152
01:25:47,000 --> 01:25:50,400
 Can you see the slide that I have shared?

1153
01:25:50,400 --> 01:25:57,880
 So the upland habitat ESA, which is shown in green on the eastern side of this site,

1154
01:25:57,880 --> 01:26:03,940
 we have taken the original site plan and that building that's in the northeast corner.

1155
01:26:03,940 --> 01:26:09,240
 We have reduced the square footage and pushed it as far north as we can in order to preserve

1156
01:26:09,240 --> 01:26:14,360
 as much of the upland habitat that you see to the south of that building as possible.

1157
01:26:14,360 --> 01:26:21,440
 We have also pushed the two buildings on the western side of the site south to preserve

1158
01:26:21,440 --> 01:26:25,960
 as much of the tree stand in the northwest corner as possible.

1159
01:26:25,960 --> 01:26:32,880
 And we have oriented the site so that trees that are near the riparian buffer but outside

1160
01:26:32,880 --> 01:26:34,760
 of it can be preserved as well.

1161
01:26:34,760 --> 01:26:39,960
 So the buildings really were placed in the locations that allowed us to preserve as many

1162
01:26:39,960 --> 01:26:40,960
 trees as possible.

1163
01:26:40,960 --> 01:26:41,960
 So is that a question?

1164
01:26:41,960 --> 01:26:42,960
 Thank you.

1165
01:26:42,960 --> 01:26:45,560
 I, for one, really appreciate that, so thank you.

1166
01:26:45,560 --> 01:26:46,560
 Absolutely.

1167
01:26:46,560 --> 01:26:47,560
 Okay.

1168
01:26:47,560 --> 01:26:48,560
 Any other questions?

1169
01:26:48,560 --> 01:26:49,560
 Commissioner MacDuff?

1170
01:26:49,560 --> 01:26:52,480
 I just have a comment.

1171
01:26:52,480 --> 01:26:54,520
 Hi, Amy.

1172
01:26:54,520 --> 01:26:59,360
 You had me at privet removal.

1173
01:26:59,360 --> 01:27:06,920
 We were in a rush to do the motion because I think that's critical and thank you for

1174
01:27:06,920 --> 01:27:08,880
 those additional comments.

1175
01:27:08,880 --> 01:27:10,880
 Thank you.

1176
01:27:10,880 --> 01:27:11,880
 Thank you, Amy.

1177
01:27:11,880 --> 01:27:13,720
 So this is a public hearing.

1178
01:27:13,720 --> 01:27:18,720
 I don't have any more cards wishing to speak, but anyone who's present who would like to

1179
01:27:18,720 --> 01:27:21,520
 speak on this item may come down and speak.

1180
01:27:21,520 --> 01:27:26,400
 Just have to fill out a card afterwards.

1181
01:27:26,400 --> 01:27:33,560
 Seeing no sudden motions, I will close the public hearing.

1182
01:27:33,560 --> 01:27:38,520
 I'll ask for a new motion just because we had that interruption, and I apologize for

1183
01:27:38,520 --> 01:27:39,520
 that.

1184
01:27:39,520 --> 01:27:40,520
 Commissioner Riggs?

1185
01:27:40,520 --> 01:27:47,840
 I'll make a motion to approve as presented by staff and assume there's not any weird

1186
01:27:47,840 --> 01:27:51,400
 bats or anything over there.

1187
01:27:51,400 --> 01:27:53,440
 And Commissioner MacDuff?

1188
01:27:53,440 --> 01:27:56,080
 I'll make a second for that motion.

1189
01:27:56,080 --> 01:28:00,800
 That motion is approved by staff.

1190
01:28:00,800 --> 01:28:02,240
 Commissioner Dyer, you're still on the board.

1191
01:28:02,240 --> 01:28:05,080
 Are there any questions or comments you'd like to make?

1192
01:28:05,080 --> 01:28:06,080
 No.

1193
01:28:06,080 --> 01:28:07,080
 Okay.

1194
01:28:07,080 --> 01:28:08,080
 Sorry.

1195
01:28:08,080 --> 01:28:09,080
 I didn't get erased.

1196
01:28:09,080 --> 01:28:10,080
 I didn't know.

1197
01:28:10,080 --> 01:28:11,080
 All right.

1198
01:28:11,080 --> 01:28:15,200
 I forget, Suge, too, sometimes.

1199
01:28:15,200 --> 01:28:16,560
 Okay.

1200
01:28:16,560 --> 01:28:28,720
 Seeing no additional discussion or questions, I will call for a vote on the motion to approve.

1201
01:28:28,720 --> 01:28:30,720
 That item passes 5-0.

1202
01:28:30,720 --> 01:28:52,200
 It brings us to our -- excuse me -- our second public hearing, 5B, MPA 24-0003.

1203
01:28:52,200 --> 01:29:12,240
 Good evening, Chair and commissioners.

1204
01:29:12,240 --> 01:29:16,960
 My name is Sahar Esfandiari, Senior Transportation Planner, Transportation Services.

1205
01:29:16,960 --> 01:29:23,360
 Tonight I'd like to discuss a mobility plan amendment for Eagle Drive, Avenue A, and Wiltshire

1206
01:29:23,360 --> 01:29:25,640
 Street.

1207
01:29:25,640 --> 01:29:32,800
 As you can see in this map, the target roads located in the pink loops, for the Eagle Drive,

1208
01:29:32,800 --> 01:29:40,600
 the portion that we have studied is from North Texas Boulevard to South Carroll Boulevard

1209
01:29:40,600 --> 01:29:42,520
 to the east.

1210
01:29:42,520 --> 01:29:46,960
 For the Wiltshire Street is between Eagle Drive to the south and West Oak Street to

1211
01:29:46,960 --> 01:29:53,520
 the north, and for the Avenue A is between I-35 East to the south and Eagle Drive to

1212
01:29:53,520 --> 01:29:55,520
 the north.

1213
01:29:55,520 --> 01:30:04,400
 Also the mobility plan amendment for 2022 identified these roads as secondary arterials.

1214
01:30:04,400 --> 01:30:12,400
 So the request is to modifying these roadways functional classification to collector.

1215
01:30:12,400 --> 01:30:20,080
 As I mentioned, the mobility plan identified those as secondary arterials, which means

1216
01:30:20,080 --> 01:30:27,280
 to extend the width of the road to 110 feet of total right-of-way and a speed limit between

1217
01:30:27,280 --> 01:30:30,280
 35 to 40 miles per hour.

1218
01:30:30,280 --> 01:30:39,120
 However, the existing width of the road of these roads are between 50 to 65 feet, which

1219
01:30:39,120 --> 01:30:42,080
 falls into the criteria of a collector.

1220
01:30:42,080 --> 01:30:48,980
 So staff recommends to keep the existing width of these roads for the following reasons.

1221
01:30:48,980 --> 01:30:55,320
 First of all, as you can see in the map to the right, which is a future land use map,

1222
01:30:55,320 --> 01:31:02,240
 these roads are located in a very close distance to UNT campus or inside the UNT campus.

1223
01:31:02,240 --> 01:31:08,240
 And this is a fully developed area with all the university buildings, facilities, parking

1224
01:31:08,240 --> 01:31:13,960
 slots, apartments, and also a huge cemetery on Eagle Drive.

1225
01:31:13,960 --> 01:31:22,160
 So if we want to go with the secondary arterial, the city has to purchase lands from states,

1226
01:31:22,160 --> 01:31:28,160
 UNT, which is going to be a huge burden financially for the city.

1227
01:31:28,160 --> 01:31:31,900
 Also and the most important reason is safety.

1228
01:31:31,900 --> 01:31:43,420
 As you know, these roads are having very heavy foot traffic and very pedestrian focused areas.

1229
01:31:43,420 --> 01:31:51,240
 By keeping these roads as a collector, we can maintain them under the safety speed limit,

1230
01:31:51,240 --> 01:31:54,440
 which is between 30 to 35 miles per hour.

1231
01:31:54,440 --> 01:32:01,480
 And we can maintain the roads safe for all road users.

1232
01:32:01,480 --> 01:32:06,920
 So this proposal meets the criteria for approval, especially regarding to the future land use

1233
01:32:06,920 --> 01:32:08,640
 and mobility plan.

1234
01:32:08,640 --> 01:32:13,400
 We have done the public outreach criteria for this request.

1235
01:32:13,400 --> 01:32:18,360
 We had in-person meeting and virtual meeting with the community.

1236
01:32:18,360 --> 01:32:24,760
 Also we had newspaper ad, website announcement, property signs, and we mailed notices to 200

1237
01:32:24,760 --> 01:32:28,360
 and 500 feet buffer around the target roads.

1238
01:32:28,360 --> 01:32:33,280
 We have received one letter in favor of this request.

1239
01:32:33,280 --> 01:32:39,000
 So staff recommends approval of the proposal as it complies with the criteria in section

1240
01:32:39,000 --> 01:32:44,960
 271D of the DDC for approval of a comprehensive plan amendment.

1241
01:32:44,960 --> 01:32:45,960
 Thank you.

1242
01:32:45,960 --> 01:32:46,960
 Questions?

1243
01:32:46,960 --> 01:32:47,960
 >> Thank you.

1244
01:32:47,960 --> 01:32:48,960
 Commissioner Riggs.

1245
01:32:48,960 --> 01:32:53,640
 >> Yeah, so Sahar, thank you for that.

1246
01:32:53,640 --> 01:33:00,200
 So it was basically not a collector, and now you're recommending to make it a collector.

1247
01:33:00,200 --> 01:33:05,640
 Do you see any traffic movement issues by doing that?

1248
01:33:05,640 --> 01:33:10,520
 >> We have the numbers of the traffic, Chandra, a traffic engineer has the numbers.

1249
01:33:10,520 --> 01:33:15,320
 We can be sure that there is not going to be a huge hinder in the traffic movement,

1250
01:33:15,320 --> 01:33:19,220
 especially on the Eagle Drive, which has the most traffic movement.

1251
01:33:19,220 --> 01:33:21,240
 The concern should be that.

1252
01:33:21,240 --> 01:33:25,800
 But at the same time, we are considering, as I mentioned, because there are lots of

1253
01:33:25,800 --> 01:33:33,220
 parking lots and apartments on the both sides of these roads, and very pedestrian activities

1254
01:33:33,220 --> 01:33:39,680
 that we are having there, somehow we are preferring to slow down the traffic on Eagle Drive to

1255
01:33:39,680 --> 01:33:45,960
 make sure that there is a safe zone for the crossing pedestrians on the roads.

1256
01:33:45,960 --> 01:33:51,440
 >> No, I think that's great, but that's not going to put us to level service F or anything

1257
01:33:51,440 --> 01:33:52,440
 like that.

1258
01:33:52,440 --> 01:33:53,440
 So thank you.

1259
01:33:53,440 --> 01:33:57,280
 >> No, the numbers are okay with the traffic movements, yes.

1260
01:33:57,280 --> 01:34:00,640
 Thank you.

1261
01:34:00,640 --> 01:34:09,000
 >> And I guess, do you have any information on sort of the reason why we went from a collector

1262
01:34:09,000 --> 01:34:12,000
 to a secondary arterial to back to a collector?

1263
01:34:12,000 --> 01:34:19,400
 >> So, the decision for the secondary arterial happened when the mobility plan approved back

1264
01:34:19,400 --> 01:34:21,320
 in 2022.

1265
01:34:21,320 --> 01:34:28,960
 We all know that the mobility plan is a broad plan, talking about, like, high level roads.

1266
01:34:28,960 --> 01:34:34,080
 Somehow there are lines on the map that shows the future growth of the city, which direction

1267
01:34:34,080 --> 01:34:40,960
 should we go, and, you know, lots of changes since 2022 when they make that decision happen

1268
01:34:40,960 --> 01:34:42,200
 so far.

1269
01:34:42,200 --> 01:34:47,800
 Right now, transportation services has enough staff to focus on the roads and the needs

1270
01:34:47,800 --> 01:34:53,080
 of the day-to-day, you know, the roads and what's happened and the traffic and everything

1271
01:34:53,080 --> 01:34:57,600
 that's happened, especially in the city of Denton, and that area which is the focus because

1272
01:34:57,600 --> 01:35:01,680
 of the UNT campus and safety, which is our major priority.

1273
01:35:01,680 --> 01:35:08,760
 Therefore, after the closed study on these roads especially, and you know that the, you

1274
01:35:08,760 --> 01:35:14,240
 know, constructions are happening, which we have on Welsh, and the road diet that we had

1275
01:35:14,240 --> 01:35:20,160
 in Eagle, after all of this study, we realized that keeping those roads as a collector is

1276
01:35:20,160 --> 01:35:25,920
 a better decision for all Denton, especially people and especially the pedestrian who use

1277
01:35:25,920 --> 01:35:27,800
 these roads and crossing those.

1278
01:35:27,800 --> 01:35:28,800
 >> Okay.

1279
01:35:28,800 --> 01:35:29,800
 Thank you.

1280
01:35:29,800 --> 01:35:30,800
 >> Yeah.

1281
01:35:30,800 --> 01:35:31,800
 Thank you.

1282
01:35:31,800 --> 01:35:38,640
 Any other questions for staff initially?

1283
01:35:38,640 --> 01:35:39,640
 This is a public hearing.

1284
01:35:39,640 --> 01:35:41,440
 I will open the public hearing.

1285
01:35:41,440 --> 01:35:48,680
 I don't have anyone registered to speak on this item, but if you're interested or would

1286
01:35:48,680 --> 01:35:55,840
 like to comment, you're more than welcome to.

1287
01:35:55,840 --> 01:35:57,920
 Not seeing anyone coming down.

1288
01:35:57,920 --> 01:35:59,960
 I will close the public hearing.

1289
01:35:59,960 --> 01:36:08,240
 Yeah, I'll just say I never really understood why we reclassified this section of Eagle

1290
01:36:08,240 --> 01:36:10,900
 to a secondary arterial.

1291
01:36:10,900 --> 01:36:13,200
 I think it functions as a collector.

1292
01:36:13,200 --> 01:36:16,620
 It will be fine.

1293
01:36:16,620 --> 01:36:24,640
 I think our, you know, in general, I prefer to have, you know, two or three times as many

1294
01:36:24,640 --> 01:36:30,240
 collectors and fewer six-plus lane roads around town anyway.

1295
01:36:30,240 --> 01:36:37,520
 I think people don't get quite as mad and we wave to each other then.

1296
01:36:37,520 --> 01:36:38,520
 Commissioner McDuff.

1297
01:36:38,520 --> 01:36:41,600
 >> Yeah, I just want to say this.

1298
01:36:41,600 --> 01:36:48,800
 Going back to the collector from the recommendation of the secondary arterial, I think this recognizes

1299
01:36:48,800 --> 01:36:56,200
 too the complexity of the traffic around the university community and the pedestrian, the

1300
01:36:56,200 --> 01:36:59,320
 business, all those types of things.

1301
01:36:59,320 --> 01:37:03,800
 So I agree with this recommendation.

1302
01:37:03,800 --> 01:37:06,640
 Thank you.

1303
01:37:06,640 --> 01:37:07,640
 >> Commissioner Riggs.

1304
01:37:07,640 --> 01:37:16,920
 >> Yeah, so I just have to say I agree with what your comments were and also with Commissioner

1305
01:37:16,920 --> 01:37:22,280
 McDuff and I make a motion to approve as presented by staff.

1306
01:37:22,280 --> 01:37:23,280
 >> Commissioner Dyer.

1307
01:37:23,280 --> 01:37:27,320
 >> I also agree so I'd like to second that motion.

1308
01:37:27,320 --> 01:37:28,720
 >> Okay.

1309
01:37:28,720 --> 01:37:33,320
 Any other questions or comments, discussion?

1310
01:37:33,320 --> 01:37:42,120
 Seeing none, I'll call for a vote on the board.

1311
01:37:42,120 --> 01:37:43,800
 That item passes 5-0.

1312
01:37:43,800 --> 01:37:52,080
 Let me call this next item and then I have one thing of housekeeping before you start

1313
01:37:52,080 --> 01:37:54,960
 your presentation, Ashley.

1314
01:37:54,960 --> 01:38:01,400
 This is item 5C, PD25-0002.

1315
01:38:01,400 --> 01:38:08,480
 I do have one card registered on this once we get to the public hearing from Angie Stripling

1316
01:38:08,480 --> 01:38:13,880
 as a group speaker, that's fine, but just be aware that that is intended for when you

1317
01:38:13,880 --> 01:38:20,400
 have four or more people as a group where the other three of them are not speaking.

1318
01:38:20,400 --> 01:38:24,040
 So be ready to identify yourselves once we get to the public hearing, I'll ask.

1319
01:38:24,040 --> 01:38:25,040
 Thank you.

1320
01:38:25,040 --> 01:38:26,040
 Go ahead.

1321
01:38:26,040 --> 01:38:27,040
 Thank you.

1322
01:38:27,040 --> 01:38:31,680
 >> Good evening, Chair, members of the commission, Ashley Eckstead, associate planner.

1323
01:38:31,680 --> 01:38:36,360
 This is PD25-2415, East University.

1324
01:38:36,360 --> 01:38:42,120
 This is a request to rezone .74 acres on the north side of East University, 240 feet west

1325
01:38:42,120 --> 01:38:46,280
 of Bell Avenue to a PD overlay with an R7-based zoning district.

1326
01:38:46,280 --> 01:38:51,480
 The property is currently split zoned, R3, R7, and MN as shown on the zoning map here

1327
01:38:51,480 --> 01:38:52,860
 on the bottom right.

1328
01:38:52,860 --> 01:38:56,960
 The property was previously developed as a church with the properties to the north.

1329
01:38:56,960 --> 01:39:02,480
 Those properties to the north have been subdivided and they are not a part of this zoning request.

1330
01:39:02,480 --> 01:39:07,640
 Some zoning history on the property, the zoning was based on previously unplatted parcel lines,

1331
01:39:07,640 --> 01:39:10,200
 which were the boundaries for several decades.

1332
01:39:10,200 --> 01:39:17,480
 Prior to the 2019 DDC, it was zoned NRMU, NRMU-12, and NR3, and those transitioned to

1333
01:39:17,480 --> 01:39:19,020
 the current zoning.

1334
01:39:19,020 --> 01:39:25,020
 And then pre-2002, the portion along University was zoned MF1, multifamily one, and single

1335
01:39:25,020 --> 01:39:29,280
 family seven on the portion on the rear of the property.

1336
01:39:29,280 --> 01:39:33,000
 This is an overlay PD, which is different from a standard PD.

1337
01:39:33,000 --> 01:39:37,640
 An overlay PD is used to address concerns of the neighborhood and ensure compatibility

1338
01:39:37,640 --> 01:39:40,640
 with surrounding neighborhoods or less intensive uses.

1339
01:39:40,640 --> 01:39:45,280
 PD overlays can be used to restrict or expand uses within the base zoning district and also

1340
01:39:45,280 --> 01:39:49,680
 to modify setbacks, landscaping, and buffering requirements with those less intensive land

1341
01:39:49,680 --> 01:39:52,040
 uses.

1342
01:39:52,040 --> 01:39:55,800
 The criteria for approval are outlined in DDC subchapter two.

1343
01:39:55,800 --> 01:40:00,400
 This new PD would be subject to the R7 development standards of the DDC.

1344
01:40:00,400 --> 01:40:04,560
 It does minimize adverse impacts on surrounding property by restricting the building size

1345
01:40:04,560 --> 01:40:08,640
 and height, adding additional setbacks for buildings and dumpsters, and limiting the

1346
01:40:08,640 --> 01:40:10,620
 number of residential units.

1347
01:40:10,620 --> 01:40:15,460
 It also would require additional landscape buffering if the developing use was multifamily,

1348
01:40:15,460 --> 01:40:18,900
 and it adds hours of operation for most commercial uses.

1349
01:40:18,900 --> 01:40:25,240
 It does comply with the future land use designation and other goals of the comprehensive plan.

1350
01:40:25,240 --> 01:40:30,000
 It is in compliance with the Denton 2040 plan, the future land use is neighborhood university

1351
01:40:30,000 --> 01:40:32,000
 compatibility area.

1352
01:40:32,000 --> 01:40:36,280
 This future land use does apply to areas that are in close proximity to the university,

1353
01:40:36,280 --> 01:40:38,920
 typically abutting single family neighborhoods.

1354
01:40:38,920 --> 01:40:43,360
 As the universities increase in enrollment, they will require additional commercial uses

1355
01:40:43,360 --> 01:40:44,800
 and student housing.

1356
01:40:44,800 --> 01:40:50,480
 So this designation aims to create compatible land forms and land uses that serve the neighborhoods

1357
01:40:50,480 --> 01:40:52,440
 and the universities.

1358
01:40:52,440 --> 01:40:56,640
 It is also complies with other areas of our comprehensive plan, such as growing compactly

1359
01:40:56,640 --> 01:41:02,800
 through infill development, redevelopment of key corridors, of which 380 is one, protecting

1360
01:41:02,800 --> 01:41:06,440
 Denton's historic character through thoughtful integration of new development, and designing

1361
01:41:06,440 --> 01:41:11,360
 a fiscally advantageous land use pattern.

1362
01:41:11,360 --> 01:41:17,560
 So the base zoning district for this PD will be R7, and the PD does propose additional

1363
01:41:17,560 --> 01:41:20,440
 standards beyond what R7 requires.

1364
01:41:20,440 --> 01:41:24,720
 The building setbacks will be 30 feet from the Bell Avenue historic district, and then

1365
01:41:24,720 --> 01:41:28,080
 10 feet from the residential and mixed use zoning districts.

1366
01:41:28,080 --> 01:41:32,240
 And this blue area on this image is the location where the building could be placed within

1367
01:41:32,240 --> 01:41:33,240
 those setbacks.

1368
01:41:33,240 --> 01:41:37,880
 It will also reduce the building height to a maximum of two stories, and it will require

1369
01:41:37,880 --> 01:41:42,440
 an additional 10 point of landscape buffer with the developing multifamily use adjacent

1370
01:41:42,440 --> 01:41:47,440
 to the single family, so the buffer would be a minimum 10 foot width and 30 points from

1371
01:41:47,440 --> 01:41:51,160
 Table 7G.

1372
01:41:51,160 --> 01:41:54,680
 Additionally it will restrict the building size to 10,000 square feet of gross floor

1373
01:41:54,680 --> 01:41:55,680
 area.

1374
01:41:55,680 --> 01:41:58,160
 These images show what a two story building would look like.

1375
01:41:58,160 --> 01:42:03,080
 It would be approximately a 5,000 building footprint that is shown here on the left,

1376
01:42:03,080 --> 01:42:07,000
 and then on the right it shows an approximately 10,000 square foot building, which would be

1377
01:42:07,000 --> 01:42:09,680
 a one story building on this property.

1378
01:42:09,680 --> 01:42:15,100
 It also limits the units to 18 units for the site, the entire site, and drive through facilities

1379
01:42:15,100 --> 01:42:17,960
 are not permitted.

1380
01:42:17,960 --> 01:42:20,280
 It also imposes hours of operation.

1381
01:42:20,280 --> 01:42:25,560
 Weekdays would be 7 a.m. to 8 p.m., and weekends 8 a.m. to 10 p.m., and then dumpsters will

1382
01:42:25,560 --> 01:42:30,080
 need to be set back 50 feet from the residential zoning district and 100 feet from the Bell

1383
01:42:30,080 --> 01:42:35,680
 Avenue historic district, and this red area on the screen shows the approximate location

1384
01:42:35,680 --> 01:42:40,880
 where the dumpster could be placed within those setbacks.

1385
01:42:40,880 --> 01:42:44,760
 The permitted uses were provided in your backup, so I won't read all of these to you.

1386
01:42:44,760 --> 01:42:49,760
 They did remove some uses from their base R7 zoning district and also added some uses

1387
01:42:49,760 --> 01:42:54,600
 that would not generally be permitted in R7 zoning.

1388
01:42:54,600 --> 01:42:58,560
 As are posted in the newspaper and a sign was posted on the property, we mailed notices

1389
01:42:58,560 --> 01:43:00,640
 to everyone within 500 feet.

1390
01:43:00,640 --> 01:43:04,880
 We did receive four responses in opposition, and a new response was sent to you this morning

1391
01:43:04,880 --> 01:43:10,520
 for a total of 12.52% of properties within 200 feet of the subject property.

1392
01:43:10,520 --> 01:43:12,840
 We did not receive any responses in favor.

1393
01:43:12,840 --> 01:43:20,420
 Additionally, the applicant held four neighborhood meetings, two in 2024 and two in 2025.

1394
01:43:20,420 --> 01:43:24,120
 Staff does recommend approval of this request as it complies with the criteria for approval,

1395
01:43:24,120 --> 01:43:28,320
 and the next step is tentatively scheduled for city council on September 16th.

1396
01:43:28,320 --> 01:43:36,160
 I'm happy to answer any questions, and the applicant also has a presentation.

1397
01:43:36,160 --> 01:43:43,200
 Any questions for staff before we get into the hearing?

1398
01:43:43,200 --> 01:43:44,200
 Commissioner Riggs?

1399
01:43:44,200 --> 01:43:48,640
 So with the current zoning, what type of uses could be placed there now?

1400
01:43:48,640 --> 01:43:53,040
 So with the current zoning with the MN and R7 along the frontage of the property, it

1401
01:43:53,040 --> 01:43:55,400
 would depend how they wanted to develop it.

1402
01:43:55,400 --> 01:44:01,160
 MN would allow quite a few more uses than R7, so it would really be up to them how they

1403
01:44:01,160 --> 01:44:04,920
 wanted to do that or whether they wanted to pursue an SUP for something that would be permitted

1404
01:44:04,920 --> 01:44:06,400
 within SUP and R7.

1405
01:44:06,400 --> 01:44:10,760
 However, with the R3 to the rear of the property, that wouldn't be able to be included in the

1406
01:44:10,760 --> 01:44:14,840
 development plans for any portion along the front.

1407
01:44:14,840 --> 01:44:19,480
 So I guess, let me ask more specifically, would an apartment complex or something like

1408
01:44:19,480 --> 01:44:22,200
 that be permitted under current zoning?

1409
01:44:22,200 --> 01:44:28,760
 In the MN portion, by right, yes.

1410
01:44:28,760 --> 01:44:31,200
 Commissioner Dyer?

1411
01:44:31,200 --> 01:44:37,720
 So if the owner developer puts a apartment complex, is this needed for the university?

1412
01:44:37,720 --> 01:44:40,720
 Do they not have enough housing, number one?

1413
01:44:40,720 --> 01:44:46,280
 And then number two, since it touches the Bell Historic community, would there be any

1414
01:44:46,280 --> 01:44:54,240
 sort of requirements that when they design the building that they make it look like it

1415
01:44:54,240 --> 01:44:58,400
 fits in historically, that they kind of go old school with it?

1416
01:44:58,400 --> 01:44:59,400
 Sure.

1417
01:44:59,400 --> 01:45:03,000
 The Bell Avenue Historic District does have architectural requirements, but they only

1418
01:45:03,000 --> 01:45:07,800
 apply to the Historic District, so they don't apply to properties that are not within it.

1419
01:45:07,800 --> 01:45:11,640
 And then for as far as housing for students, typically the universities do not build enough

1420
01:45:11,640 --> 01:45:13,240
 housing for their students.

1421
01:45:13,240 --> 01:45:21,000
 So these properties that are adjacent to the university are needed for student housing.

1422
01:45:21,000 --> 01:45:26,400
 I guess just a couple, Commissioner McDuff, do you have any questions?

1423
01:45:26,400 --> 01:45:33,340
 Just a comment, I have been in the Denton Development Code since I've got all the letters

1424
01:45:33,340 --> 01:45:34,340
 in my email.

1425
01:45:34,340 --> 01:45:37,640
 I wanted to make sure I was familiar with this.

1426
01:45:37,640 --> 01:45:43,760
 But it seems like on number five, rezoning to PD, or page 95, rezoning to PD district

1427
01:45:43,760 --> 01:45:49,360
 approval criteria, and it says number five, in the case of proposed residential development,

1428
01:45:49,360 --> 01:45:54,000
 development will promote compatible buildings and uses, and it will be compatible with the

1429
01:45:54,000 --> 01:45:56,640
 character of the surrounding area.

1430
01:45:56,640 --> 01:46:05,120
 My interpretation is it would take on the historical Bell Avenue neighborhood.

1431
01:46:05,120 --> 01:46:11,880
 So it would prohibit some types of buildings and structure, I believe.

1432
01:46:11,880 --> 01:46:12,880
 That's my interpretation.

1433
01:46:12,880 --> 01:46:13,880
 Sure.

1434
01:46:13,880 --> 01:46:14,960
 And so they have done that.

1435
01:46:14,960 --> 01:46:19,680
 So they've limited the size and scale of the building significantly to 10,000 square feet

1436
01:46:19,680 --> 01:46:25,880
 total, and also only two stories, where generally for 40 feet it would be a three-story building.

1437
01:46:25,880 --> 01:46:29,360
 So they have tried to adjust the compatibility with the surrounding development with the

1438
01:46:29,360 --> 01:46:39,000
 size and scale, and then also additional buffering.

1439
01:46:39,000 --> 01:46:43,400
 Just a couple questions, and then we can get to the hearing.

1440
01:46:43,400 --> 01:46:48,640
 One, it looks like the property immediately to the west of this is already a two-story

1441
01:46:48,640 --> 01:46:49,960
 multi-family development.

1442
01:46:49,960 --> 01:46:50,960
 Is that correct?

1443
01:46:50,960 --> 01:46:51,960
 Yes.

1444
01:46:51,960 --> 01:46:52,960
 Okay.

1445
01:46:52,960 --> 01:46:57,040
 And it's been a while at least since this body has seen a zoning change application

1446
01:46:57,040 --> 01:47:00,080
 within the neighborhood compatibility area.

1447
01:47:00,080 --> 01:47:06,080
 I'm more familiar with it around the UNT area, just because it's a larger zone.

1448
01:47:06,080 --> 01:47:10,280
 What types of zoning districts are compatible with that compatibility area, since that's

1449
01:47:10,280 --> 01:47:14,560
 kind of a rarer definition that we look at?

1450
01:47:14,560 --> 01:47:20,200
 So we don't have this future land use in a lot of areas, but generally we do see MN

1451
01:47:20,200 --> 01:47:25,040
 is typically a zoning district that we see within this future land use designation.

1452
01:47:25,040 --> 01:47:31,680
 And I think there are some MR properties even down by UNT that are compatible with that,

1453
01:47:31,680 --> 01:47:32,920
 right?

1454
01:47:32,920 --> 01:47:33,920
 Mm-hmm.

1455
01:47:33,920 --> 01:47:34,920
 Okay.

1456
01:47:34,920 --> 01:47:43,240
 And then as I look at this, when I try to separate out what could be done by right versus

1457
01:47:43,240 --> 01:47:53,320
 what would we get with this PDE overlay, it looks to me like more units could be developed

1458
01:47:53,320 --> 01:47:58,880
 by right in some configuration, might look different than what the proposal is.

1459
01:47:58,880 --> 01:48:04,680
 And the proposal is for a shorter and fewer number of units than would be maximally possible.

1460
01:48:04,680 --> 01:48:06,640
 Is that a correct interpretation?

1461
01:48:06,640 --> 01:48:07,640
 Correct.

1462
01:48:07,640 --> 01:48:11,760
 So if they were to develop multi-family by right on the MN portion, they could go up

1463
01:48:11,760 --> 01:48:15,720
 to three stories, and we have other areas of the code that would assist with developing

1464
01:48:15,720 --> 01:48:17,240
 on infill sites.

1465
01:48:17,240 --> 01:48:21,200
 So they could develop a large portion of, or not a large portion, a significant portion

1466
01:48:21,200 --> 01:48:24,560
 of multi-family on that smaller lot if that is what they wanted to pursue.

1467
01:48:24,560 --> 01:48:25,560
 Okay.

1468
01:48:25,560 --> 01:48:26,560
 Thank you.

1469
01:48:26,560 --> 01:48:27,560
 Commissioner Dyer?

1470
01:48:27,560 --> 01:48:36,640
 A couple things, piggybacking off of Commissioner McDuff, Ken, were she saying it looks like

1471
01:48:36,640 --> 01:48:40,880
 you have to still build compatible to the neighboring community?

1472
01:48:40,880 --> 01:48:47,600
 Can you still, once they put in a permit for building, can the city require them to make

1473
01:48:47,600 --> 01:48:52,280
 the building, the structure look like it historically fits in?

1474
01:48:52,280 --> 01:48:54,760
 We could not require it today.

1475
01:48:54,760 --> 01:48:58,400
 We cannot require that of properties outside of the historic district.

1476
01:48:58,400 --> 01:49:00,520
 Not even with a conditional?

1477
01:49:00,520 --> 01:49:04,440
 If it was added to the PD, we could require it, yes.

1478
01:49:04,440 --> 01:49:05,440
 Okay.

1479
01:49:05,440 --> 01:49:11,000
 The question is, if they put multi-family, if they put in housing apartments for the

1480
01:49:11,000 --> 01:49:14,820
 students, is there enough space to put in enough parking?

1481
01:49:14,820 --> 01:49:17,360
 We have not, so we have not reviewed any site plans yet.

1482
01:49:17,360 --> 01:49:21,680
 So with the maximum 18 units that they are proposing, we don't know that it would actually

1483
01:49:21,680 --> 01:49:22,680
 be that many units.

1484
01:49:22,680 --> 01:49:27,120
 They would need to be able to provide enough parking, landscaping, tree canopy, tree preservation,

1485
01:49:27,120 --> 01:49:29,720
 open space, all of our other DDC requirements.

1486
01:49:29,720 --> 01:49:34,460
 So they may not get to the maximum of 18 units, but our required parking would be met, yes.

1487
01:49:34,460 --> 01:49:38,020
 So the city is recommending doing this, but you haven't checked to see if they do put

1488
01:49:38,020 --> 01:49:42,280
 the 18 units in, you don't know if they're going to have enough parking for it.

1489
01:49:42,280 --> 01:49:46,560
 It is a maximum 18 units, so if they didn't have enough parking for 18 units, they wouldn't

1490
01:49:46,560 --> 01:49:48,760
 be able to build 18 units.

1491
01:49:48,760 --> 01:49:52,000
 The parking would need to be met.

1492
01:49:52,000 --> 01:49:53,000
 Okay.

1493
01:49:53,000 --> 01:50:00,960
 Commissioner Riggs, sorry, Riggs.

1494
01:50:00,960 --> 01:50:05,320
 So thanks, Ashley, and I understand this is kind of like we're just basically approving

1495
01:50:05,320 --> 01:50:11,200
 zoning, so the site plan, everything has not been fleshed out yet, and that would obviously

1496
01:50:11,200 --> 01:50:17,240
 be fleshed out in the future, it's just whether or not this use would be permitted.

1497
01:50:17,240 --> 01:50:19,720
 I want to make sure I understand properly.

1498
01:50:19,720 --> 01:50:23,560
 Under the current zoning, they could build up to a three-story structure?

1499
01:50:23,560 --> 01:50:28,560
 Yes, the maximum height is 40 feet in all three of the zoning districts around here,

1500
01:50:28,560 --> 01:50:33,560
 and then actually goes to 65 feet, but not with single-family adjacency, so 40 feet maximum

1501
01:50:33,560 --> 01:50:35,840
 height, typically a three-story building.

1502
01:50:35,840 --> 01:50:42,400
 So if we were to recommend this, then it would essentially restrict a three-story building

1503
01:50:42,400 --> 01:50:45,160
 from going in and reduce it to a two-story building?

1504
01:50:45,160 --> 01:50:46,160
 Correct, yes.

1505
01:50:46,160 --> 01:50:47,160
 Okay.

1506
01:50:47,160 --> 01:50:48,160
 Thank you.

1507
01:50:48,160 --> 01:50:49,160
 Okay.

1508
01:50:49,160 --> 01:51:01,920
 At this time, I will open the public hearing, I do have a card from the applicant, Lee Ellison,

1509
01:51:01,920 --> 01:51:06,240
 and sorry, is that Carl?

1510
01:51:06,240 --> 01:51:08,280
 Sharon.

1511
01:51:08,280 --> 01:51:19,960
 Thank you.

1512
01:51:19,960 --> 01:51:20,960
 Good evening.

1513
01:51:20,960 --> 01:51:22,560
 Please state your name and address, and you'll have ...

1514
01:51:22,560 --> 01:51:26,840
 Lee Ellison, 2415 North Elm Street, Denton, Texas.

1515
01:51:26,840 --> 01:51:29,080
 I'm with Ellison Engineering Group.

1516
01:51:29,080 --> 01:51:33,120
 With me tonight also is Carl Sharar, the owner of the property.

1517
01:51:33,120 --> 01:51:38,040
 Staff has given you an excellent staff report, particularly if you look into the body of

1518
01:51:38,040 --> 01:51:41,800
 your backup material, and they did a good job in summarizing it.

1519
01:51:41,800 --> 01:51:45,400
 I'll try and go quickly over and not repeat too much.

1520
01:51:45,400 --> 01:51:50,400
 Basically, as you can see, this site is divided into three zoning categories.

1521
01:51:50,400 --> 01:51:52,680
 Split zoning is not a great thing to do.

1522
01:51:52,680 --> 01:51:58,000
 I have worked on split zoning sites in the city before, and it's a nightmare.

1523
01:51:58,000 --> 01:51:59,000
 Nobody wants that.

1524
01:51:59,000 --> 01:52:03,680
 It needs to be a single zoning, and that's really our concept at this time, to get it

1525
01:52:03,680 --> 01:52:07,280
 to a single point where it could be worth trying to develop.

1526
01:52:07,280 --> 01:52:13,400
 Right now, it's not worth much of that effort, and I'm going the wrong way.

1527
01:52:13,400 --> 01:52:15,560
 This is an aerial of the site.

1528
01:52:15,560 --> 01:52:19,120
 You can see the lower part is the site that's under question.

1529
01:52:19,120 --> 01:52:24,880
 The upper part was what was there before when the church still had facilities.

1530
01:52:24,880 --> 01:52:26,960
 Carl purchased it from them.

1531
01:52:26,960 --> 01:52:30,160
 He demolished the buildings.

1532
01:52:30,160 --> 01:52:34,760
 He'll explain more why later, and then he replatted that.

1533
01:52:34,760 --> 01:52:40,160
 This is now three lots, two residential lots to the north in the R3, and the larger lot

1534
01:52:40,160 --> 01:52:41,160
 to the south.

1535
01:52:41,160 --> 01:52:43,680
 I'm still tempted to go backwards.

1536
01:52:43,680 --> 01:52:47,360
 There's a copy of the plan that was approved by the city as on file.

1537
01:52:47,360 --> 01:52:50,440
 The two residential lots have been sold.

1538
01:52:50,440 --> 01:52:56,620
 Not sure when they plan on building on them, but the intent is to build homes in that area.

1539
01:52:56,620 --> 01:53:01,800
 As indicated, this is in the neighborhood university compatibility area.

1540
01:53:01,800 --> 01:53:05,760
 There is a map that shows with it, and here's a discussion off the comp plan that describes

1541
01:53:05,760 --> 01:53:08,120
 what a compatibility area is.

1542
01:53:08,120 --> 01:53:11,800
 I'm not going to bother reading it at this time.

1543
01:53:11,800 --> 01:53:16,400
 This is a larger view that shows the entire university and the compatibility areas around

1544
01:53:16,400 --> 01:53:17,400
 them.

1545
01:53:17,400 --> 01:53:21,360
 The compatibility areas too, I believe, needed to be something that was more likely to be

1546
01:53:21,360 --> 01:53:23,320
 redeveloped over time.

1547
01:53:23,320 --> 01:53:28,720
 I think a lot of that low density residential in the area was so well established, and for

1548
01:53:28,720 --> 01:53:36,240
 a long time, the compatibility areas would not extend into that area.

1549
01:53:36,240 --> 01:53:41,240
 We looked at the zoning when we first got started, and as we look at this relative to

1550
01:53:41,240 --> 01:53:48,400
 the site, along the north is R3 running east to west, facing north with us up to the backyard

1551
01:53:48,400 --> 01:53:50,560
 properties.

1552
01:53:50,560 --> 01:53:58,040
 Along the east is R3 also, but it has the Bell Avenue Historic District overlay on top

1553
01:53:58,040 --> 01:53:59,640
 of it.

1554
01:53:59,640 --> 01:54:01,000
 It backs up to our site.

1555
01:54:01,000 --> 01:54:02,920
 It runs north and south.

1556
01:54:02,920 --> 01:54:09,480
 When we look at the street, University Drive, the pattern is running east and west.

1557
01:54:09,480 --> 01:54:10,600
 It's mostly MN.

1558
01:54:10,600 --> 01:54:13,080
 The blue area there is owned by the university.

1559
01:54:13,080 --> 01:54:15,640
 It's also state property.

1560
01:54:15,640 --> 01:54:20,920
 Bell Avenue is classified as a collector street in the city's mobility plan.

1561
01:54:20,920 --> 01:54:22,920
 It's not quite built to standard yet.

1562
01:54:22,920 --> 01:54:28,360
 I'm not sure if the city has any plans to improve it in the near or long term future.

1563
01:54:28,360 --> 01:54:35,600
 Of course, university is an arterial.

1564
01:54:35,600 --> 01:54:38,080
 We held four neighborhood meetings.

1565
01:54:38,080 --> 01:54:43,180
 My policy at Allison Engineering, they will always hold at least one neighborhood meeting

1566
01:54:43,180 --> 01:54:46,600
 prior to even making an application to the city.

1567
01:54:46,600 --> 01:54:51,120
 We want to start out really from scratch on a blank piece of paper.

1568
01:54:51,120 --> 01:54:56,440
 We held one meeting in our office on August 22nd of 2004.

1569
01:54:56,440 --> 01:54:57,440
 We didn't get very far.

1570
01:54:57,440 --> 01:55:01,840
 We were presented with some information that there were other documents that may prohibit

1571
01:55:01,840 --> 01:55:04,600
 the development of this site.

1572
01:55:04,600 --> 01:55:05,920
 We paused.

1573
01:55:05,920 --> 01:55:13,000
 We went back and consulted our title company as well as an independent real estate attorney,

1574
01:55:13,000 --> 01:55:18,640
 Lance Van Zantz in the audience tonight if he has any questions for him regarding that.

1575
01:55:18,640 --> 01:55:24,880
 He should have copies of the two reports related to the documents that were presented to us.

1576
01:55:24,880 --> 01:55:29,320
 After that, we came back on November 19th and informed the neighborhood that we were

1577
01:55:29,320 --> 01:55:30,320
 going to proceed.

1578
01:55:30,320 --> 01:55:34,480
 We didn't see any inhibitions to developing the site.

1579
01:55:34,480 --> 01:55:37,520
 We went ahead and prepared a zoning application and submitted it.

1580
01:55:37,520 --> 01:55:40,680
 Again, at that time, it was based on MN.

1581
01:55:40,680 --> 01:55:45,200
 We had another meeting on May the 1st at Emily Fowler Library.

1582
01:55:45,200 --> 01:55:52,080
 Then the discussion went from being in MN to being MN with an overlay so we could better

1583
01:55:52,080 --> 01:55:55,240
 address some of the neighborhood concerns.

1584
01:55:55,240 --> 01:56:01,600
 Through that discussion, we went to where it would be R7 with an overlay.

1585
01:56:01,600 --> 01:56:07,840
 Instead of deleting from MN what wasn't wanted, we added to R7 some of what was wanted and

1586
01:56:07,840 --> 01:56:14,040
 much of what, pardon me, other things that were not wanted.

1587
01:56:14,040 --> 01:56:22,240
 Some of the neighborhood concerns were raised were traffic being just how much there is.

1588
01:56:22,240 --> 01:56:28,720
 There's a lot of traffic there with Bell as a collector, universities and arterial with

1589
01:56:28,720 --> 01:56:33,360
 the development of the ETJ to the north and communities to the north, i.e.

1590
01:56:33,360 --> 01:56:36,440
 Sanger, Pilot Point, and Aubrey.

1591
01:56:36,440 --> 01:56:39,160
 The demands on these roads will increase.

1592
01:56:39,160 --> 01:56:43,320
 These are things that need to be taken into consideration through the city's comprehensive

1593
01:56:43,320 --> 01:56:47,720
 planning, thoroughfare planning, master planning, etc.

1594
01:56:47,720 --> 01:56:49,560
 Same is true with pedestrian.

1595
01:56:49,560 --> 01:56:53,560
 Somebody mentioned a concern of somebody jolting across the street, jaywalking and getting

1596
01:56:53,560 --> 01:56:55,640
 hit and all that traffic.

1597
01:56:55,640 --> 01:57:00,080
 That concern exists there today and exists all over town, even in downtown Sanger.

1598
01:57:00,080 --> 01:57:05,400
 I mean, downtown Denton, I apologize for that profusely.

1599
01:57:05,400 --> 01:57:11,240
 Again, that's something the city needs to work with with their planning, providing appropriate

1600
01:57:11,240 --> 01:57:18,280
 pedestrian facilities, and then of course monitoring and watching things.

1601
01:57:18,280 --> 01:57:22,360
 Someone mentioned that we might should have an on-site manager for multifamily.

1602
01:57:22,360 --> 01:57:26,880
 We put that in the restrictions, but just as quickly the city called me back and said

1603
01:57:26,880 --> 01:57:27,880
 they can't enforce it.

1604
01:57:27,880 --> 01:57:32,640
 They wanted us to take it out instead of bring it in front of you and have to deal with it

1605
01:57:32,640 --> 01:57:33,640
 here.

1606
01:57:33,640 --> 01:57:36,120
 The building size, we did limit it.

1607
01:57:36,120 --> 01:57:43,900
 We did a concept plan to look at a balance of building size and parking spaces.

1608
01:57:43,900 --> 01:57:49,680
 We did not look deeply at landscape requirements and tree preservation.

1609
01:57:49,680 --> 01:57:52,960
 We don't think we're even going to be able to make the numbers we presented, but we did

1610
01:57:52,960 --> 01:57:59,080
 put some maximums there so everybody would have a good feeling for what mostly could

1611
01:57:59,080 --> 01:58:00,080
 be there.

1612
01:58:00,080 --> 01:58:05,480
 There's not going to be a 10-story, 300-unit apartment building there of anything of that

1613
01:58:05,480 --> 01:58:07,500
 kind.

1614
01:58:07,500 --> 01:58:10,040
 We did look at the number of multifamily units.

1615
01:58:10,040 --> 01:58:13,960
 We based our analysis based on one-bedroom units.

1616
01:58:13,960 --> 01:58:17,720
 Since those are the smallest, that gets the maximum number of actual units.

1617
01:58:17,720 --> 01:58:19,840
 We balanced that with parking.

1618
01:58:19,840 --> 01:58:24,000
 We had determined that 22 was the maximum that could go there.

1619
01:58:24,000 --> 01:58:28,440
 We didn't think that much could actually get there because of the other constraints.

1620
01:58:28,440 --> 01:58:33,800
 Then as requested, we did reduce it back to 18 units.

1621
01:58:33,800 --> 01:58:39,360
 Tree removal, one neighbor indicated they were concerned that some trees had been removed.

1622
01:58:39,360 --> 01:58:41,080
 They weren't supposed to be.

1623
01:58:41,080 --> 01:58:47,680
 I contacted Ashley and she quickly found me a copy of the clearing and tree removal permit.

1624
01:58:47,680 --> 01:58:49,880
 It does have some trees to be removed.

1625
01:58:49,880 --> 01:58:56,040
 I cannot confirm that the trees this person was concerned with were ones that are on the

1626
01:58:56,040 --> 01:59:01,760
 tree removal list, but I have two copies of that application, that permit with me, and

1627
01:59:01,760 --> 01:59:05,640
 I'm going to give it to that person if they desire it so they can double-check and make

1628
01:59:05,640 --> 01:59:08,480
 sure things were done correctly.

1629
01:59:08,480 --> 01:59:13,840
 Parking on Woodland Street, that's an issue around universities typically.

1630
01:59:13,840 --> 01:59:17,760
 Students who either can't find spaces or don't want to pay for parking permits will park

1631
01:59:17,760 --> 01:59:19,840
 on the perimeter streets.

1632
01:59:19,840 --> 01:59:21,920
 I don't know what the city can do about that.

1633
01:59:21,920 --> 01:59:26,960
 One possibility is to make it a permanent parking street where you have to have a permit

1634
01:59:26,960 --> 01:59:33,000
 to park there regardless and, of course, the property owners maybe get two free ones for

1635
01:59:33,000 --> 01:59:34,000
 guests.

1636
01:59:34,000 --> 01:59:41,240
 Outside lighting was brought up and we mentioned about the city's code related to lighting.

1637
01:59:41,240 --> 01:59:45,200
 We looked at the facilities existing up and down the street.

1638
01:59:45,200 --> 01:59:54,160
 I'm going to get my glasses on, but starting on the far left, that site, it's only 0.48

1639
01:59:54,160 --> 01:59:58,080
 acres and it has 4,600 square feet of living space.

1640
01:59:58,080 --> 02:00:02,240
 I believe that's really a house with maybe garage apartments above it.

1641
02:00:02,240 --> 02:00:09,320
 The next one is a lot area of 0.33 acres with 4,560 square feet of living.

1642
02:00:09,320 --> 02:00:19,080
 Then we go to 0.29 acres at 7,600 square feet of living area.

1643
02:00:19,080 --> 02:00:27,840
 Then right adjacent to us is a lot of 1.1 acres, a little larger, and it has 14,688.

1644
02:00:27,840 --> 02:00:32,160
 We believe the 10,000 square feet is a good number, a good step down as we go with this

1645
02:00:32,160 --> 02:00:33,160
 direction.

1646
02:00:33,160 --> 02:00:36,160
 Again, it's going to be difficult to get that.

1647
02:00:36,160 --> 02:00:41,440
 The one to the left of us or to the side of us, it looks like there's an area where another

1648
02:00:41,440 --> 02:00:46,320
 apartment could have been constructed, but for some reason they never proceeded with.

1649
02:00:46,320 --> 02:00:50,680
 They might have waited until the codes changed because just taking a quick look, it does

1650
02:00:50,680 --> 02:00:54,200
 not appear to me that any of these sites would meet today's parking standards.

1651
02:00:54,200 --> 02:00:57,400
 There's not enough parking spaces on any of those.

1652
02:00:57,400 --> 02:01:03,800
 Uh-oh, now what do I know?

1653
02:01:03,800 --> 02:01:10,840
 Again, as I mentioned earlier, the zoning progressed from being an MN.

1654
02:01:10,840 --> 02:01:15,520
 - Sorry, Lee, just to give you an idea that your time is about to expire, so if you want

1655
02:01:15,520 --> 02:01:16,520
 to wrap up.

1656
02:01:16,520 --> 02:01:22,120
 - Okay, well, I'll go through with the zoning progression.

1657
02:01:22,120 --> 02:01:27,480
 The items we brought in from MN, just two, the items that were in MN are seven, but we

1658
02:01:27,480 --> 02:01:30,360
 modified, including multifamily, elderly, et cetera.

1659
02:01:30,360 --> 02:01:31,360
 Oh, boy.

1660
02:01:31,360 --> 02:01:32,360
 Yeah.

1661
02:01:32,360 --> 02:01:43,960
 - Yeah, I looked at the clock right when it started.

1662
02:01:43,960 --> 02:01:48,560
 It was set at 20, right?

1663
02:01:48,560 --> 02:01:50,280
 It's 10 for the applicant.

1664
02:01:50,280 --> 02:01:59,080
 So yeah, so I think that's the 10 minutes, but if you want to wrap up quickly, you can.

1665
02:01:59,080 --> 02:02:03,680
 - Well, these are ... - I'm sorry.

1666
02:02:03,680 --> 02:02:05,520
 I was informed.

1667
02:02:05,520 --> 02:02:11,160
 The entire group can have up to 20, so now I understand your question.

1668
02:02:11,160 --> 02:02:12,920
 Yes.

1669
02:02:12,920 --> 02:02:17,760
 If you want to continue, five more minutes, and then we'll have five minutes for the land

1670
02:02:17,760 --> 02:02:18,760
 owner.

1671
02:02:18,760 --> 02:02:23,160
 - I'll still make it quick or try to.

1672
02:02:23,160 --> 02:02:30,360
 These are the two items we added from MN that the neighbors were satisfied, desirable of,

1673
02:02:30,360 --> 02:02:31,360
 apparently, we thought.

1674
02:02:31,360 --> 02:02:36,280
 Then there was four items that are part of R7, but we modified them.

1675
02:02:36,280 --> 02:02:38,440
 R7 requires an SUP for multifamily.

1676
02:02:38,440 --> 02:02:44,740
 It is permitted there, but not by right, and we removed the SUPs because of all the other

1677
02:02:44,740 --> 02:02:47,720
 restrictions we were putting on there.

1678
02:02:47,720 --> 02:02:52,000
 These are all the items we removed from R7, so it's greatly diminished.

1679
02:02:52,000 --> 02:02:55,960
 This is the resulting table that I think you can see is much smaller than any table in

1680
02:02:55,960 --> 02:02:56,960
 the code.

1681
02:02:56,960 --> 02:03:02,760
 These are the overlay restrictions that staff went over with you.

1682
02:03:02,760 --> 02:03:06,200
 We didn't put one in there for lighting, and we are willing to add one that says all

1683
02:03:06,200 --> 02:03:10,560
 outdoor lighting should be directed downward at 90-degree angle to the ground.

1684
02:03:10,560 --> 02:03:17,800
 No lighting should project directly upward.

1685
02:03:17,800 --> 02:03:21,200
 We asked why an SUP for multifamily or why not have one.

1686
02:03:21,200 --> 02:03:22,600
 It's a very small lot.

1687
02:03:22,600 --> 02:03:26,980
 There are city adjacency requirements related to single-family residential.

1688
02:03:26,980 --> 02:03:31,840
 We put so many additional restrictions on there, and these were developed during multiple

1689
02:03:31,840 --> 02:03:32,840
 meetings.

1690
02:03:32,840 --> 02:03:40,360
 If the commission determines that an SUP is necessary for this development, then we're

1691
02:03:40,360 --> 02:03:42,880
 willing to accept that if you want to recommend that.

1692
02:03:42,880 --> 02:03:51,720
 In fact, really, we wouldn't mind if we just went straight R7 zoning on the entire site.

1693
02:03:51,720 --> 02:03:54,680
 We look at SUP approval criteria.

1694
02:03:54,680 --> 02:03:58,800
 Even now, we're already meeting that, so getting an SUP shouldn't be difficult.

1695
02:03:58,800 --> 02:04:03,720
 Staff is already in their report showing that we've met those items as well as these DDC

1696
02:04:03,720 --> 02:04:04,720
 criteria.

1697
02:04:04,720 --> 02:04:10,700
 Then, Carl May, we want to continue briefly with his history with the site.

1698
02:04:10,700 --> 02:04:11,700
 Thank you.

1699
02:04:11,700 --> 02:04:12,700
 Go ahead.

1700
02:04:12,700 --> 02:04:14,600
 Good evening, Chair and commissioners.

1701
02:04:14,600 --> 02:04:19,200
 My name is Carl Lester Schera.

1702
02:04:19,200 --> 02:04:26,640
 I am a manager for Burbank House LLC, which owns the property at 415 East University Drive.

1703
02:04:26,640 --> 02:04:34,520
 We bought the property as part of a larger property, single property in 2021 that extended

1704
02:04:34,520 --> 02:04:37,520
 from University Drive all the way to Woodland Street.

1705
02:04:37,520 --> 02:04:43,840
 That property had two tax parcels on it, the north one and the south one.

1706
02:04:43,840 --> 02:04:47,760
 On the north tax parcel, there were three buildings.

1707
02:04:47,760 --> 02:04:54,360
 There was a church on the northeast part of that tax parcel, residents on the northwest

1708
02:04:54,360 --> 02:05:00,920
 part and a storage building on the south, just next to the church.

1709
02:05:00,920 --> 02:05:10,640
 From the first time I entered the church and the residents, before we even bought the property,

1710
02:05:10,640 --> 02:05:18,040
 I smelled mold inside those two buildings, everywhere I went in those two buildings.

1711
02:05:18,040 --> 02:05:25,640
 Inside the sanctuary of the church, the ceiling was, there was a place where the ceiling was

1712
02:05:25,640 --> 02:05:33,940
 sagging severely, like a ceiling sags when it's had a bad roof leak.

1713
02:05:33,940 --> 02:05:38,720
 The same was present over in the residents also in a hallway there.

1714
02:05:38,720 --> 02:05:43,400
 The ceiling was sagging severely.

1715
02:05:43,400 --> 02:05:51,800
 So I pretty much quickly realized that as far as we're concerned, this would not be

1716
02:05:51,800 --> 02:06:00,760
 economically feasible to restore these buildings to safe for human occupancy or use.

1717
02:06:00,760 --> 02:06:07,000
 So we also did asbestos surveys and found that asbestos was present in all three of

1718
02:06:07,000 --> 02:06:08,220
 the buildings.

1719
02:06:08,220 --> 02:06:18,280
 So we invested, since 2021, we've invested over $200,000, and most of that was on asbestos

1720
02:06:18,280 --> 02:06:22,360
 abatement and on the removal of the buildings.

1721
02:06:22,360 --> 02:06:28,120
 It also included the tree protection and tree management plans.

1722
02:06:28,120 --> 02:06:33,480
 Those buildings with the mold and the asbestos, they represented a significant environmental

1723
02:06:33,480 --> 02:06:43,520
 liability, and Burbank House LLC has cleaned up that environmental liability.

1724
02:06:43,520 --> 02:06:50,040
 And we now ask that you consider, and I'm confident that everyone here present tonight,

1725
02:06:50,040 --> 02:06:59,360
 we can work together in order to take the steps that will enable a responsible and economically

1726
02:06:59,360 --> 02:07:08,160
 or environmentally and legally responsible development of 415 East University Drive as

1727
02:07:08,160 --> 02:07:12,240
 advocated in the Denton 2040 plan.

1728
02:07:12,240 --> 02:07:14,120
 Thank you.

1729
02:07:14,120 --> 02:07:16,760
 Thank you.

1730
02:07:16,760 --> 02:07:19,440
 Any questions for the applicant?

1731
02:07:19,440 --> 02:07:20,440
 Commissioner Riggs?

1732
02:07:20,440 --> 02:07:21,960
 Yeah, I have a question.

1733
02:07:21,960 --> 02:07:27,080
 So no matter what you did with this lot or with this property, all of those concerns

1734
02:07:27,080 --> 02:07:33,400
 about mold and needing to demolish and remediate, no matter what you wanted to do, would have

1735
02:07:33,400 --> 02:07:36,720
 to be addressed, right, whether we change the zoning or not?

1736
02:07:36,720 --> 02:07:45,240
 Well, this is all water under the bridge, and it was done on the north tax lot or tax

1737
02:07:45,240 --> 02:07:53,500
 parcel, but I want to make sure that you understand my experience with the greater University

1738
02:07:53,500 --> 02:08:01,720
 Baptist Church property, there have been some concerns voiced in some of the meetings, and

1739
02:08:01,720 --> 02:08:05,660
 I want to make sure that you understand my experience with the property.

1740
02:08:05,660 --> 02:08:07,480
 I appreciate that.

1741
02:08:07,480 --> 02:08:10,920
 Thank you.

1742
02:08:10,920 --> 02:08:15,000
 So thank you.

1743
02:08:15,000 --> 02:08:19,440
 So this is a public hearing.

1744
02:08:19,440 --> 02:08:24,760
 I will call that group request to speak.

1745
02:08:24,760 --> 02:08:32,240
 This gives the representative a 10-minute time slot instead of the typical three minutes.

1746
02:08:32,240 --> 02:08:38,080
 There are three names on there that did not come, but I have an additional three names

1747
02:08:38,080 --> 02:08:39,080
 to take your name.

1748
02:08:39,080 --> 02:08:40,080
 Okay.

1749
02:08:40,080 --> 02:08:43,840
 Yeah, that would be great, because I did double-check our rules of procedure, and it does mention

1750
02:08:43,840 --> 02:08:52,400
 four people present at the meeting, just so I can hear them more clearly, so I don't spell

1751
02:08:52,400 --> 02:08:53,840
 them wrong.

1752
02:08:53,840 --> 02:08:59,240
 If you can come down and say them into the mic, then I'll make sure to record them here

1753
02:08:59,240 --> 02:09:00,240
 for the secretary.

1754
02:09:00,240 --> 02:09:03,720
 If I'm speaking for you, will you stand up, please?

1755
02:09:03,720 --> 02:09:05,560
 Meg?

1756
02:09:05,560 --> 02:09:06,560
 And then, yeah.

1757
02:09:06,560 --> 02:09:09,520
 Well, they want me to all speak for them, but they're all going to speak together.

1758
02:09:09,520 --> 02:09:15,900
 So just the four, so just the four, Meg, Chuck, Sub-Meg Cochran, Chuck Dietrich, and then

1759
02:09:15,900 --> 02:09:16,900
 yours.

1760
02:09:16,900 --> 02:09:25,000
 And could you get your Charles Dietrich for reading a little bit, and then I have a couple

1761
02:09:25,000 --> 02:09:26,000
 in the back.

1762
02:09:26,000 --> 02:09:27,000
 Okay.

1763
02:09:27,000 --> 02:09:28,000
 Thank you.

1764
02:09:28,000 --> 02:09:29,000
 I appreciate that.

1765
02:09:29,000 --> 02:09:30,000
 Is that good?

1766
02:09:30,000 --> 02:09:31,000
 Yes.

1767
02:09:31,000 --> 02:09:35,360
 So you'll have 10 minutes to speak.

1768
02:09:35,360 --> 02:09:36,360
 Thank you.

1769
02:09:36,360 --> 02:09:37,360
 Thank you.

1770
02:09:37,360 --> 02:09:38,720
 Hey, thank you, commissioners, for all that you do for us.

1771
02:09:38,720 --> 02:09:39,720
 I'm Angie Stripling.

1772
02:09:39,720 --> 02:09:43,560
 I live at 1815 North Bell and 1811 North Bell.

1773
02:09:43,560 --> 02:09:49,280
 And I am in the historic district of Bell Avenue, and hopefully you received my email.

1774
02:09:49,280 --> 02:09:53,560
 But I'm going to speak on additional things besides that email, because I think the facts

1775
02:09:53,560 --> 02:09:54,560
 are there.

1776
02:09:54,560 --> 02:09:58,800
 But one that I want to say that went ahead and started today is they talked about the

1777
02:09:58,800 --> 02:10:03,680
 sign that's supposed to be on that property to let the public know that there's a public

1778
02:10:03,680 --> 02:10:04,680
 hearing.

1779
02:10:04,680 --> 02:10:08,660
 I called staff in July, and I told them the sign was leaning.

1780
02:10:08,660 --> 02:10:12,720
 It had been down ever since the end of July.

1781
02:10:12,720 --> 02:10:16,200
 I took pictures until today.

1782
02:10:16,200 --> 02:10:17,200
 Flat down.

1783
02:10:17,200 --> 02:10:18,200
 You could not see it.

1784
02:10:18,200 --> 02:10:21,840
 In fact, we have a relator here tonight that drove by and he said, "There's no sign.

1785
02:10:21,840 --> 02:10:22,840
 There's no notice."

1786
02:10:22,840 --> 02:10:23,840
 I said, "Oh, it's there.

1787
02:10:23,840 --> 02:10:24,840
 It's down."

1788
02:10:24,840 --> 02:10:28,840
 And then wouldn't you know, today it gets put up.

1789
02:10:28,840 --> 02:10:31,000
 I think that's on purpose, guys.

1790
02:10:31,000 --> 02:10:32,360
 That's not by mistake.

1791
02:10:32,360 --> 02:10:33,360
 That's on purpose.

1792
02:10:33,360 --> 02:10:37,120
 Those are the types of things that we've been dealing with on this property, and I'm going

1793
02:10:37,120 --> 02:10:38,320
 to continue with those.

1794
02:10:38,320 --> 02:10:45,000
 You know the 200-foot zone where people can vote to force a super majority?

1795
02:10:45,000 --> 02:10:50,760
 In that 200-foot zone, five of those properties could not vote because three of those people

1796
02:10:50,760 --> 02:10:52,120
 are deceased.

1797
02:10:52,120 --> 02:10:57,720
 Two of those properties went to the former owner, not the current owner.

1798
02:10:57,720 --> 02:10:59,640
 They never received it.

1799
02:10:59,640 --> 02:11:05,480
 So how can your neighborhood, how can our citizens have fairness?

1800
02:11:05,480 --> 02:11:11,560
 How can we uphold our neighborhoods when this type of things are going on?

1801
02:11:11,560 --> 02:11:15,160
 And there is way more that I'm still going to tell you about.

1802
02:11:15,160 --> 02:11:20,840
 I've never seen a zoning plan with no plan, a zoning change with no plan whatsoever.

1803
02:11:20,840 --> 02:11:24,720
 You know, you've asked some great questions about, "Hey, it's butting up against the

1804
02:11:24,720 --> 02:11:26,720
 Bell Avenue Historic District.

1805
02:11:26,720 --> 02:11:27,720
 What is that going to look like?"

1806
02:11:27,720 --> 02:11:28,720
 Well, we don't know.

1807
02:11:28,720 --> 02:11:30,280
 There's not a plan.

1808
02:11:30,280 --> 02:11:34,720
 Because we just want to change the zoning, and let's cut to the chase, why?

1809
02:11:34,720 --> 02:11:36,800
 We just want to make money.

1810
02:11:36,800 --> 02:11:37,800
 That's it.

1811
02:11:37,800 --> 02:11:39,280
 They want to make more money.

1812
02:11:39,280 --> 02:11:46,600
 And if you will look at the original, this is the original, when it was up for sale,

1813
02:11:46,600 --> 02:11:50,640
 this is the plat, and you look at that MN, and yes, they say, "Hey, we could do a three-story

1814
02:11:50,640 --> 02:11:51,640
 building there."

1815
02:11:51,640 --> 02:11:52,640
 It's not large enough.

1816
02:11:52,640 --> 02:11:53,640
 They could.

1817
02:11:53,640 --> 02:11:56,800
 So when they tell you, "Oh, we could," but guess what?

1818
02:11:56,800 --> 02:12:01,520
 They wouldn't have parking because it would have to go into the R3.

1819
02:12:01,520 --> 02:12:07,160
 This is where some of those facts that they're delivering us facts get cloudy.

1820
02:12:07,160 --> 02:12:09,300
 And when you say, "Why was there patchwork?

1821
02:12:09,300 --> 02:12:11,000
 Why does it look like this?"

1822
02:12:11,000 --> 02:12:14,200
 That R7, when there was a church there, was to protect.

1823
02:12:14,200 --> 02:12:19,040
 It was to protect the history of what's on Bell Avenue, but also what is on Woodland

1824
02:12:19,040 --> 02:12:20,040
 Street.

1825
02:12:20,040 --> 02:12:22,720
 Those are all older homes.

1826
02:12:22,720 --> 02:12:27,520
 And we talk about, "Hey, there's mold or sagging roofs."

1827
02:12:27,520 --> 02:12:30,100
 We live in historic homes.

1828
02:12:30,100 --> 02:12:32,040
 We deal with it every day.

1829
02:12:32,040 --> 02:12:33,960
 We preserve it.

1830
02:12:33,960 --> 02:12:36,560
 That church also had beautiful stained glass.

1831
02:12:36,560 --> 02:12:38,320
 They failed to mention that.

1832
02:12:38,320 --> 02:12:39,320
 It was beautiful.

1833
02:12:39,320 --> 02:12:48,360
 And by the way, a church fits the development code, a church in neighborhoods.

1834
02:12:48,360 --> 02:12:55,120
 In addition to that, they're talking about, "Hey, what's on the west?

1835
02:12:55,120 --> 02:12:56,620
 What's to the east?

1836
02:12:56,620 --> 02:12:58,280
 What looks at the development code?"

1837
02:12:58,280 --> 02:13:01,760
 I asked staff to look up and look to the east.

1838
02:13:01,760 --> 02:13:03,840
 Because you know what's at the east?

1839
02:13:03,840 --> 02:13:05,400
 Single family.

1840
02:13:05,400 --> 02:13:06,700
 You know what's next?

1841
02:13:06,700 --> 02:13:07,840
 Single family.

1842
02:13:07,840 --> 02:13:09,120
 You know what's next?

1843
02:13:09,120 --> 02:13:10,360
 Single family.

1844
02:13:10,360 --> 02:13:11,560
 You know what's next?

1845
02:13:11,560 --> 02:13:12,560
 Single family.

1846
02:13:12,560 --> 02:13:13,560
 Single family.

1847
02:13:13,560 --> 02:13:14,560
 Single family.

1848
02:13:14,560 --> 02:13:15,560
 Single family.

1849
02:13:15,560 --> 02:13:16,560
 I think I got them all.

1850
02:13:16,560 --> 02:13:17,560
 Maybe one more.

1851
02:13:17,560 --> 02:13:18,560
 Single family.

1852
02:13:18,560 --> 02:13:24,880
 The applicant, when we met as a neighborhood, told us nobody wants to build there on University

1853
02:13:24,880 --> 02:13:26,280
 for single family.

1854
02:13:26,280 --> 02:13:31,320
 And I said, "Tell it to the blue house that the driveway is on University.

1855
02:13:31,320 --> 02:13:33,520
 Tell that to all those houses there."

1856
02:13:33,520 --> 02:13:38,000
 And yet, you come back and you want to put more traffic.

1857
02:13:38,000 --> 02:13:42,620
 You want to put a multi-family when you just told me that no one would build on single

1858
02:13:42,620 --> 02:13:44,880
 family there on University.

1859
02:13:44,880 --> 02:13:46,560
 It makes no sense.

1860
02:13:46,560 --> 02:13:49,280
 Now, as a neighborhood, did we meet?

1861
02:13:49,280 --> 02:13:50,280
 We did.

1862
02:13:50,280 --> 02:13:51,280
 We met.

1863
02:13:51,280 --> 02:13:53,600
 And we tried to come to an agreement.

1864
02:13:53,600 --> 02:13:56,040
 And some of these things are true.

1865
02:13:56,040 --> 02:13:59,640
 But what is not true is that we never agreed to multi-family.

1866
02:13:59,640 --> 02:14:00,640
 Sorry.

1867
02:14:00,640 --> 02:14:01,640
 Mm-hmm.

1868
02:14:01,640 --> 02:14:05,720
 If you want to show the paper, if you put it in the middle of that little felt area,

1869
02:14:05,720 --> 02:14:07,840
 we'll be able to get it on the camera.

1870
02:14:07,840 --> 02:14:09,680
 Thank you.

1871
02:14:09,680 --> 02:14:11,640
 We did not agree to multi-family.

1872
02:14:11,640 --> 02:14:15,340
 And in fact, if I am speaking for you and you're in opposition, would you please stand

1873
02:14:15,340 --> 02:14:19,880
 if you're in opposition of this zoning change?

1874
02:14:19,880 --> 02:14:22,440
 Okay.

1875
02:14:22,440 --> 02:14:25,920
 Those are people that live on Woodland and Bell.

1876
02:14:25,920 --> 02:14:30,720
 And what our opposition is to is when you look at this property, when they talked about

1877
02:14:30,720 --> 02:14:36,200
 the traffic on Bell, when you come out of the property and you want to go east on University,

1878
02:14:36,200 --> 02:14:37,200
 guess what you have to do?

1879
02:14:37,200 --> 02:14:38,200
 You have to turn right.

1880
02:14:38,200 --> 02:14:39,880
 Guess where you're going to turn again?

1881
02:14:39,880 --> 02:14:41,360
 You're going to turn right again.

1882
02:14:41,360 --> 02:14:43,440
 Then guess where you're going to turn right again?

1883
02:14:43,440 --> 02:14:45,000
 On Woodland.

1884
02:14:45,000 --> 02:14:50,480
 And then you're going to have to turn right again on Bell to be able to go east on University.

1885
02:14:50,480 --> 02:14:53,400
 And so, yes, we have a concern.

1886
02:14:53,400 --> 02:14:58,560
 And when we look at the existing apartments that are already in place there, they do not

1887
02:14:58,560 --> 02:15:00,300
 have that many units.

1888
02:15:00,300 --> 02:15:02,440
 And they do have adequate parking.

1889
02:15:02,440 --> 02:15:04,280
 And we've never had issues with that.

1890
02:15:04,280 --> 02:15:07,040
 And right down from there, there are historic homes.

1891
02:15:07,040 --> 02:15:18,460
 Yes, they have businesses in them, but they're historic homes.

1892
02:15:18,460 --> 02:15:24,800
 When we talk about the traffic, too, on University, we've already had people killed at Bell and

1893
02:15:24,800 --> 02:15:25,800
 University.

1894
02:15:25,800 --> 02:15:29,600
 There are accidents there at too many to count.

1895
02:15:29,600 --> 02:15:31,280
 And we're adding more and more traffic.

1896
02:15:31,280 --> 02:15:32,760
 It makes no sense.

1897
02:15:32,760 --> 02:15:36,640
 They also said, hey, we limited the number of units to 18.

1898
02:15:36,640 --> 02:15:40,120
 What you didn't ask, how many bedrooms?

1899
02:15:40,120 --> 02:15:46,400
 Because typically, if you are dealing with students, they rent by the room.

1900
02:15:46,400 --> 02:15:50,880
 And if you rent by the room, you do not have enough parking.

1901
02:15:50,880 --> 02:15:56,980
 When they talked about, hey, we did just like we put it down as maybe just one bedroom,

1902
02:15:56,980 --> 02:16:02,080
 that means a husband and wife couldn't live there together and have both have a vehicle

1903
02:16:02,080 --> 02:16:06,640
 because the parking is 1.5 places.

1904
02:16:06,640 --> 02:16:12,380
 But if you go and you start running by the room, how many parking spots do you need?

1905
02:16:12,380 --> 02:16:15,200
 And we're concerned that it will go on Woodland.

1906
02:16:15,200 --> 02:16:18,600
 The parking would be forced over to Woodland.

1907
02:16:18,600 --> 02:16:20,480
 And Woodland is already saturated.

1908
02:16:20,480 --> 02:16:25,820
 Once school is in session, it is saturated with students that are parking there to the

1909
02:16:25,820 --> 02:16:30,680
 point we're having to call the police because only one vehicle can get by.

1910
02:16:30,680 --> 02:16:34,640
 And now we're going to add more and more traffic to that.

1911
02:16:34,640 --> 02:16:42,260
 I have a lot more on the narrative that was sent to you and also on staff's analysis.

1912
02:16:42,260 --> 02:16:46,640
 There are a lot of inconsistencies here, I've already mentioned some of them.

1913
02:16:46,640 --> 02:16:48,960
 I don't have enough time to go through all of them.

1914
02:16:48,960 --> 02:16:52,580
 But all I'm saying is these are words on paper.

1915
02:16:52,580 --> 02:16:53,960
 There are facts.

1916
02:16:53,960 --> 02:16:59,840
 And also, there is one in here that said, hey, we had an attorney look at a paper.

1917
02:16:59,840 --> 02:17:00,840
 And it's okay.

1918
02:17:00,840 --> 02:17:01,840
 We had a title company look at it.

1919
02:17:01,840 --> 02:17:02,840
 It's okay.

1920
02:17:02,840 --> 02:17:07,120
 Guys, anyone can get an attorney to say anything.

1921
02:17:07,120 --> 02:17:09,880
 What we have to look at is what is legal?

1922
02:17:09,880 --> 02:17:11,960
 What could be litigated?

1923
02:17:11,960 --> 02:17:14,960
 And what do we need to stay away from?

1924
02:17:14,960 --> 02:17:20,120
 I also ask you, and you've asked some great questions, especially about the historic district

1925
02:17:20,120 --> 02:17:22,000
 and about the history.

1926
02:17:22,000 --> 02:17:27,320
 The church that they tore down, they also have in their narrative about its infield.

1927
02:17:27,320 --> 02:17:28,320
 It's infield.

1928
02:17:28,320 --> 02:17:31,040
 Let me tell you, that was by design.

1929
02:17:31,040 --> 02:17:33,800
 Tearing that church down and tearing the house down was by design.

1930
02:17:33,800 --> 02:17:41,160
 So now they could come back and say it's infield and it works for our development code.

1931
02:17:41,160 --> 02:17:43,240
 But again, it was on purpose.

1932
02:17:43,240 --> 02:17:50,080
 So all of these things that I'm encouraging you to really take in consideration are really

1933
02:17:50,080 --> 02:17:52,160
 -- we just want our neighborhood.

1934
02:17:52,160 --> 02:17:54,880
 We want it quiet, just like it was.

1935
02:17:54,880 --> 02:17:57,720
 People have lived there 20, 30, 40 years.

1936
02:17:57,720 --> 02:18:01,080
 We were told that property would always be a church.

1937
02:18:01,080 --> 02:18:03,240
 I personally was told that.

1938
02:18:03,240 --> 02:18:06,120
 It would always be a church.

1939
02:18:06,120 --> 02:18:14,800
 And then because of shenanigans that happened, poof, it's no longer, and it's sold.

1940
02:18:14,800 --> 02:18:21,240
 Sold and signed by not a trustee, but by a trustee's daughter, because that trustee had

1941
02:18:21,240 --> 02:18:23,400
 passed away.

1942
02:18:23,400 --> 02:18:24,800
 It is just like you.

1943
02:18:24,800 --> 02:18:28,000
 If something happens to you, this is not inheritance.

1944
02:18:28,000 --> 02:18:29,720
 It doesn't go to your family member.

1945
02:18:29,720 --> 02:18:32,320
 It's the same way as a trustee.

1946
02:18:32,320 --> 02:18:34,840
 That does not happen.

1947
02:18:34,840 --> 02:18:38,160
 So there's a lot of things that we ask you to really consider.

1948
02:18:38,160 --> 02:18:42,560
 One of the things that I'm going to ask you to consider as well is the history.

1949
02:18:42,560 --> 02:18:44,840
 Do we care about the history?

1950
02:18:44,840 --> 02:18:48,740
 Do we care about the history in the neighborhoods and what's bedding up against?

1951
02:18:48,740 --> 02:18:55,960
 Also, if you look at this property, the same engineering company is representing another

1952
02:18:55,960 --> 02:19:00,120
 property on Bell Avenue and University.

1953
02:19:00,120 --> 02:19:04,480
 And so what it is doing is pushing out the Bell Avenue Historic District.

1954
02:19:04,480 --> 02:19:10,460
 It would cause, if you pass this, it is giving leverage for them to try to change zoning

1955
02:19:10,460 --> 02:19:16,720
 at Bellin University, and the only thing in between these two would be two homes.

1956
02:19:16,720 --> 02:19:18,260
 Two.

1957
02:19:18,260 --> 02:19:21,920
 How much longer before they're coming and saying, "We want to do away with this.

1958
02:19:21,920 --> 02:19:24,520
 We want all of that to be commercial."

1959
02:19:24,520 --> 02:19:27,720
 So do we care about history or do we not?

1960
02:19:27,720 --> 02:19:29,960
 We'll be able to tell in your vote.

1961
02:19:29,960 --> 02:19:35,080
 Thank you very much.

1962
02:19:35,080 --> 02:19:36,760
 Angie I do have one question.

1963
02:19:36,760 --> 02:19:40,360
 I just want to make sure I heard you correctly.

1964
02:19:40,360 --> 02:19:45,240
 You mentioned the multifamily to the west of here, that fronts university.

1965
02:19:45,240 --> 02:19:48,960
 I heard you say that you've never had any problems with that property.

1966
02:19:48,960 --> 02:19:49,960
 Did I hear that correctly?

1967
02:19:49,960 --> 02:19:54,680
 We don't have problems with that property, and in fact, those properties have for rent

1968
02:19:54,680 --> 02:19:55,680
 signs up.

1969
02:19:55,680 --> 02:20:00,360
 So when they're talking about that the university might need more student housing, they have

1970
02:20:00,360 --> 02:20:01,360
 for rent.

1971
02:20:01,360 --> 02:20:02,360
 Yeah.

1972
02:20:02,360 --> 02:20:04,000
 Well, classes haven't quite started yet.

1973
02:20:04,000 --> 02:20:13,640
 I guess my question is it seems like there's no problem that you're facing with those,

1974
02:20:13,640 --> 02:20:18,720
 but these immediately next door, if they were to be developed, you're very concerned about.

1975
02:20:18,720 --> 02:20:22,920
 Just in a one-sentence answer, can you tell me what the big difference between those two

1976
02:20:22,920 --> 02:20:23,920
 would be for you?

1977
02:20:23,920 --> 02:20:24,920
 They have adequate parking.

1978
02:20:24,920 --> 02:20:25,920
 Okay.

1979
02:20:25,920 --> 02:20:26,920
 Thank you.

1980
02:20:26,920 --> 02:20:27,920
 And they're quiet.

1981
02:20:27,920 --> 02:20:28,920
 Yes.

1982
02:20:28,920 --> 02:20:29,920
 Okay.

1983
02:20:29,920 --> 02:20:35,780
 I have another card to speak.

1984
02:20:35,780 --> 02:20:43,640
 Mr. Mike Lavelle, if you want to come down and state your name and address, you'll have

1985
02:20:43,640 --> 02:20:47,120
 three minutes to speak.

1986
02:20:47,120 --> 02:20:48,120
 Thank you.

1987
02:20:48,120 --> 02:20:49,120
 Chair and members.

1988
02:20:49,120 --> 02:20:50,120
 My name is Mike Lavelle.

1989
02:20:50,120 --> 02:20:58,360
 I live at 3109 Broken Bow, and a lifelong resident of Denton, and I'm here to speak,

1990
02:20:58,360 --> 02:21:04,360
 and I'm not going to be for this proposed change that is being presented to you tonight.

1991
02:21:04,360 --> 02:21:08,080
 I suggest strongly that you leave it as is.

1992
02:21:08,080 --> 02:21:15,120
 The common-sense approach would be to allow a historic home, maybe one, maybe two on this

1993
02:21:15,120 --> 02:21:18,680
 lot that we're talking about here this evening.

1994
02:21:18,680 --> 02:21:26,960
 It makes more sense just to have a single-family residence than instead of a building with

1995
02:21:26,960 --> 02:21:30,360
 more parking spaces, more traffic.

1996
02:21:30,360 --> 02:21:33,720
 We have a lot of problems with traffic here in Denton.

1997
02:21:33,720 --> 02:21:39,760
 Discussion earlier tonight was about changing the way our roads are designed or stated.

1998
02:21:39,760 --> 02:21:46,140
 You want to lower speeds because of traffic and pedestrian traffic.

1999
02:21:46,140 --> 02:21:49,360
 This is what we're talking about here, too.

2000
02:21:49,360 --> 02:21:55,560
 The change, if you make it, would allow more of that to happen, and that's not in our favor.

2001
02:21:55,560 --> 02:21:56,560
 Less traffic.

2002
02:21:56,560 --> 02:22:01,040
 We need to find something that fits with the neighborhood more than the options that are

2003
02:22:01,040 --> 02:22:05,320
 available if this change goes through.

2004
02:22:05,320 --> 02:22:08,760
 Thank you for listening.

2005
02:22:08,760 --> 02:22:09,760
 Thank you.

2006
02:22:09,760 --> 02:22:18,880
 I also have a card for Miss Verena Laurel.

2007
02:22:18,880 --> 02:22:22,840
 I defer to Angie.

2008
02:22:22,840 --> 02:22:23,840
 Okay.

2009
02:22:23,840 --> 02:22:24,840
 Very good.

2010
02:22:24,840 --> 02:22:29,800
 I have another one for Miss Jean Hanson.

2011
02:22:29,800 --> 02:22:33,480
 She'll state your name and address.

2012
02:22:33,480 --> 02:22:34,480
 You'll have three minutes.

2013
02:22:34,480 --> 02:22:35,480
 Thank you.

2014
02:22:35,480 --> 02:22:36,480
 And try to pull that mic down.

2015
02:22:36,480 --> 02:22:37,480
 Thank you.

2016
02:22:37,480 --> 02:22:38,480
 Yes, I'm short.

2017
02:22:38,480 --> 02:22:39,480
 I'm Jean Hanson.

2018
02:22:39,480 --> 02:22:44,280
 I live at 300 Woodland Street, and thank you, commissioners, for letting us speak.

2019
02:22:44,280 --> 02:22:48,760
 I'm going to speak on traffic, and we've heard a lot on traffic, so I think I'll start it

2020
02:22:48,760 --> 02:22:53,480
 out by speaking what the current state is as I perceive it.

2021
02:22:53,480 --> 02:22:59,680
 I'm working on flipping my front yard to native plants, and so as a result of that, I'm out

2022
02:22:59,680 --> 02:23:02,640
 there early in the morning and I'm there late at night.

2023
02:23:02,640 --> 02:23:08,040
 The current traffic that I see there, which is foot traffic, parents taking their children

2024
02:23:08,040 --> 02:23:13,960
 on walks in a stroller, a child's car, a retired fireman with a cane taking his daily walk,

2025
02:23:13,960 --> 02:23:19,020
 a teacher walking his dog, a couple walking their four dogs, three of which they foster,

2026
02:23:19,020 --> 02:23:24,760
 a woman with a neck brace walking her dog, a man in a notarized wheelchair traversing

2027
02:23:24,760 --> 02:23:25,760
 the area.

2028
02:23:25,760 --> 02:23:28,040
 So these are things that I'm seeing every day.

2029
02:23:28,040 --> 02:23:33,520
 It should be noted that on Woodland, there's no sidewalk, so they're in the street.

2030
02:23:33,520 --> 02:23:37,240
 And there's a lot of car traffic as well.

2031
02:23:37,240 --> 02:23:42,600
 You may not be aware that people use Woodland as a shortcut, and so when they're turning

2032
02:23:42,600 --> 02:23:45,800
 off Sherman, they're driving at a speed, a Sherman speed.

2033
02:23:45,800 --> 02:23:50,280
 I don't know how fast that is, 35, 40 miles an hour, and so I see the cars coming down.

2034
02:23:50,280 --> 02:23:52,640
 They hit a speed bump, they bounce.

2035
02:23:52,640 --> 02:23:56,920
 I see the same thing happening with people on motorcycles, and it's very frightening

2036
02:23:56,920 --> 02:23:57,920
 for me.

2037
02:23:57,920 --> 02:24:03,320
 I'm older, as you can tell, and going outside and when I have guests, seeing this kind of

2038
02:24:03,320 --> 02:24:07,600
 traffic, especially when I have kids that are under the age of four.

2039
02:24:07,600 --> 02:24:14,800
 So when we talk about traffic, and you heard previously what's happening down on University

2040
02:24:14,800 --> 02:24:21,280
 and Bell, I personally, when I'm down in that space and there are cars parked on both sides,

2041
02:24:21,280 --> 02:24:22,280
 I can't get through.

2042
02:24:22,280 --> 02:24:23,280
 It's a single lane.

2043
02:24:23,280 --> 02:24:24,280
 I've called the police.

2044
02:24:24,280 --> 02:24:27,120
 I've called the non-emergency number and said, "What do you do?"

2045
02:24:27,120 --> 02:24:31,800
 I've had to back up on Bell, and that's extraordinarily frightening, especially for me, because I'm

2046
02:24:31,800 --> 02:24:32,800
 not a good driver.

2047
02:24:32,800 --> 02:24:36,540
 Let's just put it right out there.

2048
02:24:36,540 --> 02:24:40,720
 The other item that I'd like to bring to the table is, we heard about traffic if you were

2049
02:24:40,720 --> 02:24:42,720
 going east on University.

2050
02:24:42,720 --> 02:24:45,600
 Well, what about if I were at Razor Ranch?

2051
02:24:45,600 --> 02:24:50,680
 How would I get to my home at my apartment at 415 East University?

2052
02:24:50,680 --> 02:24:54,760
 The path that I would take would not be doing a U-turn on University at Bell.

2053
02:24:54,760 --> 02:24:59,880
 Instead, I would go down to Lotus, take a left-hand turn.

2054
02:24:59,880 --> 02:25:04,560
 I'd take a right on Sherman, a right on Woodland, and then a right on Bell, and then a right

2055
02:25:04,560 --> 02:25:05,760
 on University.

2056
02:25:05,760 --> 02:25:11,520
 I look at Woodland as being the easy access path to get to those units.

2057
02:25:11,520 --> 02:25:15,080
 Already, we have too much traffic, and I believe that it's dangerous.

2058
02:25:15,080 --> 02:25:20,400
 Thank you very much for listening to what I had to say, and I look forward to hearing

2059
02:25:20,400 --> 02:25:21,400
 your vote.

2060
02:25:21,400 --> 02:25:22,400
 Thank you.

2061
02:25:22,400 --> 02:25:28,240
 I think we have a question for you, Gene, Commissioner Riggs.

2062
02:25:28,240 --> 02:25:34,040
 I have to tell you that I've lived my whole life in Denton, and I've grown up in Denton.

2063
02:25:34,040 --> 02:25:39,920
 My dad actually taught at TWU for 50 years, and during the summer, we'd actually get dropped

2064
02:25:39,920 --> 02:25:44,760
 off at the Civic Center Pool, and then walk up to Old Main and visit him.

2065
02:25:44,760 --> 02:25:48,960
 Then I used to own the house on Strickland, and I was probably one of those people that

2066
02:25:48,960 --> 02:25:54,960
 sped down Woodland, so I apologize.

2067
02:25:54,960 --> 02:25:59,480
 I guess the question is more to staff.

2068
02:25:59,480 --> 02:26:01,520
 Is there access to Woodland?

2069
02:26:01,520 --> 02:26:03,080
 Is that a concern?

2070
02:26:03,080 --> 02:26:07,820
 What kind of thoughts are there?

2071
02:26:07,820 --> 02:26:12,200
 There is not access from this property to Woodland.

2072
02:26:12,200 --> 02:26:15,800
 Concerning Woodland, we heard the concerns from Woodland in several of the neighborhood

2073
02:26:15,800 --> 02:26:22,040
 meetings, and transportation is interested in no parking signs on Woodland.

2074
02:26:22,040 --> 02:26:24,160
 They are going to do neighborhood outreach.

2075
02:26:24,160 --> 02:26:27,900
 They need to ascertain whether it's going to be no parking on either side or no parking

2076
02:26:27,900 --> 02:26:28,900
 at all.

2077
02:26:28,900 --> 02:26:31,880
 They are going to do neighborhood outreach on Woodland, and he expects they could have

2078
02:26:31,880 --> 02:26:35,480
 this completed within eight to 10 weeks.

2079
02:26:35,480 --> 02:26:40,120
 Is it fair to say that there would be no access to this property from Woodland?

2080
02:26:40,120 --> 02:26:41,120
 Yes.

2081
02:26:41,120 --> 02:26:42,120
 Okay.

2082
02:26:42,120 --> 02:27:02,920
 Then the idea of this increasing traffic on Woodland would not be there.

2083
02:27:02,920 --> 02:27:03,920
 Good evening, Chair and Commission.

2084
02:27:03,920 --> 02:27:07,240
 Chandra Muruganandam, City Traffic Engineer.

2085
02:27:07,240 --> 02:27:12,720
 So with the site plan, if it's proposed, it will have a connection, but if they don't

2086
02:27:12,720 --> 02:27:16,420
 show one, then it might not connect with the Woodland.

2087
02:27:16,420 --> 02:27:23,400
 And Woodland Street is very narrow, 26 feet, so even parking on one lane or both sides

2088
02:27:23,400 --> 02:27:28,320
 would be an issue for a fire lane in case of an emergency if they have to access.

2089
02:27:28,320 --> 02:27:34,400
 But with the no parking request we got from the residents, irrespective of this development,

2090
02:27:34,400 --> 02:27:43,960
 we were planning to reach out for no parking either on the north side or on the south side.

2091
02:27:43,960 --> 02:27:51,880
 So do you foresee if this zoning was recommended to Council, would this or would this not increase

2092
02:27:51,880 --> 02:27:54,280
 traffic on Woodland?

2093
02:27:54,280 --> 02:27:59,320
 If the developer would not propose any connection on the northern side, then it will not have

2094
02:27:59,320 --> 02:28:01,940
 any impact on the connection side.

2095
02:28:01,940 --> 02:28:03,960
 But it's a public street.

2096
02:28:03,960 --> 02:28:11,080
 So if anybody wants to drive from Sherman on Woodland and turn on Bell, it would not

2097
02:28:11,080 --> 02:28:12,680
 be restrictive.

2098
02:28:12,680 --> 02:28:18,760
 Okay, so basically at this point in time, we don't know if there would be access to

2099
02:28:18,760 --> 02:28:22,360
 Woodland, is it?

2100
02:28:22,360 --> 02:28:23,360
 I'm not sure.

2101
02:28:23,360 --> 02:28:24,360
 I haven't seen the site plan.

2102
02:28:24,360 --> 02:28:28,960
 I just returned back today, so I would defer to the planner.

2103
02:28:28,960 --> 02:28:32,560
 We can confirm there's no access from the property that's the subject of this request

2104
02:28:32,560 --> 02:28:33,560
 to Woodland.

2105
02:28:33,560 --> 02:28:34,560
 Okay.

2106
02:28:34,560 --> 02:28:37,240
 Those adjacent lots to the north have been sold and would have to be developed with single

2107
02:28:37,240 --> 02:28:38,600
 family homes per the zoning.

2108
02:28:38,600 --> 02:28:42,560
 So there couldn't be access through a single family property for any of the uses proposed

2109
02:28:42,560 --> 02:28:43,560
 within this PD.

2110
02:28:43,560 --> 02:28:44,560
 Okay.

2111
02:28:44,560 --> 02:28:45,560
 I think that's what I was looking for.

2112
02:28:45,560 --> 02:28:50,040
 So there would not be, if this were to be an apartment complex, there would not be any

2113
02:28:50,040 --> 02:28:53,660
 apartment access from Woodland, is essentially what you're saying, because these would be

2114
02:28:53,660 --> 02:28:55,560
 single family lots to the north.

2115
02:28:55,560 --> 02:28:56,560
 Okay.

2116
02:28:56,560 --> 02:28:59,080
 Thank you.

2117
02:28:59,080 --> 02:29:01,080
 Okay.

2118
02:29:01,080 --> 02:29:08,400
 Next card I have to speak is Ernie Stripling.

2119
02:29:08,400 --> 02:29:14,280
 If you'll state your name and address, you'll have three minutes.

2120
02:29:14,280 --> 02:29:15,280
 Yes.

2121
02:29:15,280 --> 02:29:16,280
 Thank you, Chairman Pruitt and commissioners.

2122
02:29:16,280 --> 02:29:17,280
 My name is Ernie Stripling.

2123
02:29:17,280 --> 02:29:22,200
 I live at 1815 North Bell, and I live at 1811 North Bell.

2124
02:29:22,200 --> 02:29:27,720
 We've been there for 20 years, and before I bought the house, the real estate agent told

2125
02:29:27,720 --> 02:29:33,980
 me that, oh, you'll never have any development, nothing will be built behind you because that's

2126
02:29:33,980 --> 02:29:35,600
 a church.

2127
02:29:35,600 --> 02:29:42,040
 And I don't know if you know the rules of a church, but let's see, Highland Baptist

2128
02:29:42,040 --> 02:29:49,800
 Church bought that lot for University Baptist Church back in 1951, 52.

2129
02:29:49,800 --> 02:29:52,000
 That's what's on the deed.

2130
02:29:52,000 --> 02:29:58,400
 And the trustee that signed for it wasn't even a trustee and didn't have, that was not

2131
02:29:58,400 --> 02:29:59,400
 their land.

2132
02:29:59,400 --> 02:30:00,400
 That's not family land.

2133
02:30:00,400 --> 02:30:01,400
 That was a church.

2134
02:30:01,400 --> 02:30:07,840
 So rightfully, the church should have went back to Denton County Baptist Association.

2135
02:30:07,840 --> 02:30:13,800
 That was the true handoff back because there's plenty of churches that are looking for land,

2136
02:30:13,800 --> 02:30:19,320
 especially in town, and it would have been a perfect location for a church.

2137
02:30:19,320 --> 02:30:26,960
 If you go back and look at the conservation district plan, Ashley, in the conservation

2138
02:30:26,960 --> 02:30:36,160
 plan for Bell Avenue, there is nomenclature in there about that land being the church,

2139
02:30:36,160 --> 02:30:41,760
 acknowledged it was a church, and it's a buffer zone for Bell Avenue.

2140
02:30:41,760 --> 02:30:45,280
 So that's some more information there.

2141
02:30:45,280 --> 02:30:49,560
 I'm sure y'all all entertain, you entertain at your home.

2142
02:30:49,560 --> 02:30:54,040
 Yeah, you have maybe six, seven people over and they'll park, they park on the street

2143
02:30:54,040 --> 02:30:58,200
 or if there's a no parking zone on Woodland, they can't park.

2144
02:30:58,200 --> 02:31:01,640
 You can't entertain people because there'll be no parking signs.

2145
02:31:01,640 --> 02:31:05,080
 So that's not very well thought out.

2146
02:31:05,080 --> 02:31:07,200
 The other is traffic.

2147
02:31:07,200 --> 02:31:13,880
 Traffic backs up at least 20 times a day up to Woodland on Bell Street from university.

2148
02:31:13,880 --> 02:31:25,040
 It's horrible, it really is, and it's the apartments that come in, it's just a bad situation.

2149
02:31:25,040 --> 02:31:32,640
 The plan, supposed plan that this owner has proposed, he doesn't have a plan.

2150
02:31:32,640 --> 02:31:33,800
 Please understand that.

2151
02:31:33,800 --> 02:31:38,720
 He does not have a plan, he's flipping the land, okay?

2152
02:31:38,720 --> 02:31:42,620
 So whatever is built there is going to be on the next person.

2153
02:31:42,620 --> 02:31:45,960
 So I just want you to keep that in mind, he didn't even live here.

2154
02:31:45,960 --> 02:31:52,640
 So he just came in, swooped in, bought the land and wants to turn it.

2155
02:31:52,640 --> 02:31:58,000
 I think, like I said, I'm gonna wrap this up.

2156
02:31:58,000 --> 02:32:02,920
 There are houses up and down university right there that face university.

2157
02:32:02,920 --> 02:32:07,960
 They just have not looked hard enough for someone to develop the land with the house

2158
02:32:07,960 --> 02:32:09,280
 or houses.

2159
02:32:09,280 --> 02:32:12,920
 So anyway, I thank you for your time, and I appreciate it.

2160
02:32:12,920 --> 02:32:19,300
 I vote no for this, and I hope you keep the zoning the same, and I hope you decline this

2161
02:32:19,300 --> 02:32:20,300
 one.

2162
02:32:20,300 --> 02:32:21,300
 Thank you.

2163
02:32:21,300 --> 02:32:22,300
 >> Okay.

2164
02:32:22,300 --> 02:32:33,560
 I'm sorry, Commissioner Dyer, did you have a question for the speaker, Ernie?

2165
02:32:33,560 --> 02:32:35,040
 >> I do for Ashley.

2166
02:32:35,040 --> 02:32:42,000
 >> Okay, go ahead.

2167
02:32:42,000 --> 02:32:48,080
 >> Mr. Stripling brought it up, but it was also sent in an email talking about deed restrictions

2168
02:32:48,080 --> 02:32:52,680
 and that the deed was restricted to the property only being a church.

2169
02:32:52,680 --> 02:32:58,840
 Has the city investigated that, is with the sale of this, does that kind of rewrite what

2170
02:32:58,840 --> 02:33:03,360
 the deed requirements, if there's any restrictions on there or not?

2171
02:33:03,360 --> 02:33:07,200
 >> Sure, so the city enforces zoning, so we do not enforce deed restrictions, and that

2172
02:33:07,200 --> 02:33:10,000
 would be a civil matter if there were deed restrictions in place.

2173
02:33:10,000 --> 02:33:12,380
 We have not seen any.

2174
02:33:12,380 --> 02:33:20,280
 >> So does that mean like the residents could sue the owner of the property because they're

2175
02:33:20,280 --> 02:33:25,200
 not gonna use it, what the deed restrictions are, that that's not the responsibility of

2176
02:33:25,200 --> 02:33:27,000
 this board or the city?

2177
02:33:27,000 --> 02:33:33,480
 >> I don't know that staff can opine on whether or not residents could decide to sue, but

2178
02:33:33,480 --> 02:33:38,760
 the main thrust is that deed restrictions are a civil matter that need to be resolved

2179
02:33:38,760 --> 02:33:40,600
 between civil parties and not the city.

2180
02:33:40,600 --> 02:33:43,760
 >> So not city and not this board?

2181
02:33:43,760 --> 02:33:45,840
 Thank you.

2182
02:33:45,840 --> 02:33:51,720
 >> Thank you.

2183
02:33:51,720 --> 02:33:52,720
 Commissioner McDuff?

2184
02:33:52,720 --> 02:33:59,520
 >> Yes, I have a question for Mrs. Stripling.

2185
02:33:59,520 --> 02:34:09,780
 >> Yes, ma'am.

2186
02:34:09,780 --> 02:34:15,440
 >> One thing, or rather, could you delineate some of the other offices or boards that you

2187
02:34:15,440 --> 02:34:18,320
 serve on?

2188
02:34:18,320 --> 02:34:24,800
 My quick Googling this afternoon discovered you as chair of the Historic Landmark Commission.

2189
02:34:24,800 --> 02:34:25,800
 >> Yes, ma'am.

2190
02:34:25,800 --> 02:34:26,800
 I am.

2191
02:34:26,800 --> 02:34:28,160
 >> Do you still serve in that role?

2192
02:34:28,160 --> 02:34:29,160
 >> Yes, ma'am.

2193
02:34:29,160 --> 02:34:30,160
 I do.

2194
02:34:30,160 --> 02:34:36,400
 >> How does this impact, how does that role impact your role as a citizen, private citizen

2195
02:34:36,400 --> 02:34:39,000
 and a homeowner?

2196
02:34:39,000 --> 02:34:40,120
 >> Can you rephrase the question?

2197
02:34:40,120 --> 02:34:41,120
 I'm not sure.

2198
02:34:41,120 --> 02:34:49,200
 How does that role impact your role that you're speaking for tonight as a private citizen

2199
02:34:49,200 --> 02:34:51,960
 and a homeowner in historic?

2200
02:34:51,960 --> 02:34:55,640
 >> The role really doesn't impact it except for the knowledge that I've gained from serving

2201
02:34:55,640 --> 02:35:00,960
 on that board, but it does not impact that I am currently a sitting chair of the Historic

2202
02:35:00,960 --> 02:35:02,400
 Land Commission.

2203
02:35:02,400 --> 02:35:06,320
 It's more important that I am a homeowner and that I have two properties that border

2204
02:35:06,320 --> 02:35:09,880
 this, that share the property line with this.

2205
02:35:09,880 --> 02:35:13,480
 So it would just be with knowledge, not anything with the Historic Land Commission.

2206
02:35:13,480 --> 02:35:16,560
 I am not speaking for them in any way.

2207
02:35:16,560 --> 02:35:19,400
 >> So what knowledge would that be?

2208
02:35:19,400 --> 02:35:23,400
 >> Knowledge would be with historic homes, historic districts.

2209
02:35:23,400 --> 02:35:28,560
 And I was interviewed for the development code when we talked about having borders and

2210
02:35:28,560 --> 02:35:36,000
 something bordering historic districts and that it be something that's attractive.

2211
02:35:36,000 --> 02:35:38,480
 So I was interviewed for that.

2212
02:35:38,480 --> 02:35:40,240
 So I have a passion for that.

2213
02:35:40,240 --> 02:35:46,720
 So other than my passion and the knowledge that I have, I don't know that I can't speak

2214
02:35:46,720 --> 02:35:50,520
 for the Historic Land Commission because we're one board, just like you guys are and can't

2215
02:35:50,520 --> 02:35:52,240
 speak individually.

2216
02:35:52,240 --> 02:35:58,640
 So as far as that, but this property is not in that overlay, but it's always been like

2217
02:35:58,640 --> 02:36:04,120
 when they talk about the church being older and that property being older, when they talk

2218
02:36:04,120 --> 02:36:08,000
 about just tearing it down, it rips my heart out because I know what was in there.

2219
02:36:08,000 --> 02:36:10,160
 I know about the stained glass that was there.

2220
02:36:10,160 --> 02:36:11,840
 I know the history.

2221
02:36:11,840 --> 02:36:14,520
 We knew the pastors of that church.

2222
02:36:14,520 --> 02:36:18,760
 So the history there is what I'm passionate about.

2223
02:36:18,760 --> 02:36:21,160
 Did that answer your question?

2224
02:36:21,160 --> 02:36:22,160
 >> Thank you, Angie.

2225
02:36:22,160 --> 02:36:23,160
 Appreciate you.

2226
02:36:23,160 --> 02:36:24,160
 >> Thank you.

2227
02:36:24,160 --> 02:36:29,720
 The next card I have is for David Pierce.

2228
02:36:29,720 --> 02:36:43,960
 If you'll come on down and state your name and address.

2229
02:36:43,960 --> 02:36:46,000
 Good evening.

2230
02:36:46,000 --> 02:36:47,000
 >> Hello.

2231
02:36:47,000 --> 02:36:48,000
 So I'm David Pierce.

2232
02:36:48,000 --> 02:36:53,200
 I live at 2016 North Bell, right on the corner of Bell and Robert Street.

2233
02:36:53,200 --> 02:36:58,880
 And Angie and Ernie and everybody that has already spoken, I guess I'm not adding too

2234
02:36:58,880 --> 02:37:00,080
 much to it.

2235
02:37:00,080 --> 02:37:01,360
 I don't want to take anybody's time.

2236
02:37:01,360 --> 02:37:02,680
 I know I only have three minutes.

2237
02:37:02,680 --> 02:37:09,040
 So I guess in the efforts of brevity and just keeping everything simple, it's really just

2238
02:37:09,040 --> 02:37:11,240
 a matter of a couple of things for me.

2239
02:37:11,240 --> 02:37:17,800
 I've lived in the house with my wife since 2005, so for about 20 years.

2240
02:37:17,800 --> 02:37:22,240
 You know, it has the street, the whole neighborhood, Woodland and Bell obviously has a strong Denton

2241
02:37:22,240 --> 02:37:23,240
 identity.

2242
02:37:23,240 --> 02:37:27,320
 You know, I went to school at the music school in North Texas and I knew that when I wanted

2243
02:37:27,320 --> 02:37:32,360
 to move back here, it was to find the older neighborhood with the trees and the homes

2244
02:37:32,360 --> 02:37:35,800
 and the quiet and that's exactly what we found.

2245
02:37:35,800 --> 02:37:40,600
 And it is exactly true and I really think that whether there's a connection to Woodland

2246
02:37:40,600 --> 02:37:46,120
 or whether there's not a connection to Woodland, the traffic is going to be a big problem.

2247
02:37:46,120 --> 02:37:52,960
 We already know that Bell is small enough, narrow enough that you can't park on the street

2248
02:37:52,960 --> 02:37:57,440
 on Bell anywhere, so obviously that's going to mean side streets.

2249
02:37:57,440 --> 02:38:01,680
 And whether there's access to it or not, people are going to have to park there.

2250
02:38:01,680 --> 02:38:05,040
 They're going to park somewhere, you know, and so I just think that we're already congested

2251
02:38:05,040 --> 02:38:08,800
 as it is and adding anything else would just be a mistake.

2252
02:38:08,800 --> 02:38:14,280
 So I am just letting everybody know that I do oppose this and I hope you guys agree with

2253
02:38:14,280 --> 02:38:15,280
 that.

2254
02:38:15,280 --> 02:38:16,280
 Thank you.

2255
02:38:16,280 --> 02:38:18,880
 Thank you.

2256
02:38:18,880 --> 02:38:31,600
 Next card I have is for Victoria Hodge.

2257
02:38:31,600 --> 02:38:35,080
 Hi there, Victoria Hodge, 1823 North Bell.

2258
02:38:35,080 --> 02:38:40,280
 I have the honor and privilege to live in one of the Denton Historic Districts.

2259
02:38:40,280 --> 02:38:43,040
 This is very important to me.

2260
02:38:43,040 --> 02:38:50,080
 I'm part of the original group of people along with Dr. Rick Smith and Kirsten Deterly who

2261
02:38:50,080 --> 02:38:55,040
 were part of the original group of people that wanted to make this a historic district.

2262
02:38:55,040 --> 02:38:59,720
 We did start off as a conservation district because we knew that would be the easiest

2263
02:38:59,720 --> 02:39:04,000
 way to get through to make our area special.

2264
02:39:04,000 --> 02:39:10,040
 And luckily, probably about five years ago, we got switched over to a historic district.

2265
02:39:10,040 --> 02:39:12,000
 So that means a lot to me.

2266
02:39:12,000 --> 02:39:15,840
 I also have the privilege of living on the corner of Bell and Woodland.

2267
02:39:15,840 --> 02:39:22,440
 So all this traffic I see every day, I see people backing or pulling into Woodland from

2268
02:39:22,440 --> 02:39:26,880
 Bell to back up onto Bell to go in a different direction.

2269
02:39:26,880 --> 02:39:33,640
 I know that on Woodland we have, and this might be a P&Z issue, so maybe I'm bringing

2270
02:39:33,640 --> 02:39:40,000
 something up, but we have a house that is rented and they provide no parking on their

2271
02:39:40,000 --> 02:39:42,040
 property for their residents.

2272
02:39:42,040 --> 02:39:49,800
 And so we have three cars that park on Woodland because they have no place to park in a driveway.

2273
02:39:49,800 --> 02:39:55,720
 One of the things I do appreciate the developers or the landowner, whatever they're called,

2274
02:39:55,720 --> 02:40:00,600
 of wanting to do an overlay of this, but just like Angie and other people have said, they

2275
02:40:00,600 --> 02:40:01,600
 have no plan.

2276
02:40:01,600 --> 02:40:04,520
 Their plan is to get this rezoned and then sell it.

2277
02:40:04,520 --> 02:40:08,360
 And then we're going to be here in front of you guys again whenever that sells, and it's

2278
02:40:08,360 --> 02:40:11,000
 all going to start over again.

2279
02:40:11,000 --> 02:40:14,880
 And speaking of landscape plan, I've been here long enough.

2280
02:40:14,880 --> 02:40:19,880
 I've been in Denton since I was 12, so not as long as you got here when I could.

2281
02:40:19,880 --> 02:40:23,440
 My mom worked at TWA, retired from there.

2282
02:40:23,440 --> 02:40:30,120
 But talking about landscape plan, years ago, 20-something years ago, when Wal-Mart on Loop

2283
02:40:30,120 --> 02:40:37,320
 288 was built, part of the thing that they discussed with the city of Denton to get past

2284
02:40:37,320 --> 02:40:44,280
 the landscape plan was that they would leave an area of old growth live oaks on the corner,

2285
02:40:44,280 --> 02:40:50,200
 and so that would help make up for their lack of greenery in their parking lot.

2286
02:40:50,200 --> 02:40:55,580
 And I will tell you now that the city forgot all about that, and that now is a Cain's chicken.

2287
02:40:55,580 --> 02:40:57,640
 So a lot of things get forgotten.

2288
02:40:57,640 --> 02:41:03,120
 So the information that you receive today and the decision you receive now and the decision

2289
02:41:03,120 --> 02:41:06,200
 you make now is going to make an impact for us in the future.

2290
02:41:06,200 --> 02:41:08,840
 So I hope that you guys will consider that.

2291
02:41:08,840 --> 02:41:10,840
 Thank you.

2292
02:41:10,840 --> 02:41:28,600
 Next card I have is for Mr. Richard Smith.

2293
02:41:28,600 --> 02:41:35,320
 I'm Richard Smith, 1920 North Bell, 76209.

2294
02:41:35,320 --> 02:41:42,760
 We moved into the neighborhood almost 30 years ago now, so we've been through all the machinations

2295
02:41:42,760 --> 02:41:49,760
 over the years with becoming a historic conservation district, then a historic district.

2296
02:41:49,760 --> 02:41:52,520
 We participated in that.

2297
02:41:52,520 --> 02:42:00,400
 We've had a couple of false starts previously on the corner of Bell and University, and

2298
02:42:00,400 --> 02:42:07,800
 we were involved in kind of speaking up against those efforts, too.

2299
02:42:07,800 --> 02:42:16,840
 We've seen a lot of interest in that corner and in the current property over the years.

2300
02:42:16,840 --> 02:42:25,760
 And for the most part, our neighborhood is extremely united and has been characterized

2301
02:42:25,760 --> 02:42:30,800
 at various times over the years as maybe being a little bit difficult in terms of any new

2302
02:42:30,800 --> 02:42:35,560
 development coming into our area.

2303
02:42:35,560 --> 02:42:40,280
 I attended the last meeting and what was notable to me at the last meeting is the only thing

2304
02:42:40,280 --> 02:42:48,200
 standing between the neighborhood and approval of this is that multifamily designation.

2305
02:42:48,200 --> 02:42:55,680
 All the other uses were acceptable to the neighbors.

2306
02:42:55,680 --> 02:42:57,600
 I mentioned this at the last meeting.

2307
02:42:57,600 --> 02:43:00,880
 In fact, at the last meeting, I think some of the neighbors were surprised to see that

2308
02:43:00,880 --> 02:43:07,080
 you still in there because they had voiced at the previous meeting that their opposition

2309
02:43:07,080 --> 02:43:09,840
 to multifamily.

2310
02:43:09,840 --> 02:43:16,780
 And I'd just note that we're this close, folks, to accepting something.

2311
02:43:16,780 --> 02:43:21,880
 We know that things will change in our neighborhood over time.

2312
02:43:21,880 --> 02:43:25,880
 We just want to have a voice in making sure that the neighborhood I moved into 30 years

2313
02:43:25,880 --> 02:43:41,200
 ago remains that special neighborhood, that special older protected neighborhood that

2314
02:43:41,200 --> 02:43:43,000
 we moved into 30 years ago.

2315
02:43:43,000 --> 02:43:44,480
 So we hope you'll do that, too.

2316
02:43:44,480 --> 02:43:46,520
 Thank you.

2317
02:43:46,520 --> 02:43:51,320
 Thank you.

2318
02:43:51,320 --> 02:43:56,240
 Those are all the cards I have from people wishing to speak, but it is a public hearing.

2319
02:43:56,240 --> 02:44:01,520
 So you're welcome to come down and share any thoughts if you've heard something that you

2320
02:44:01,520 --> 02:44:10,280
 want to add to at this time.

2321
02:44:10,280 --> 02:44:13,040
 Not seeing anyone.

2322
02:44:13,040 --> 02:44:20,560
 I will let the applicant know that our rules of procedure for public hearings stipulate

2323
02:44:20,560 --> 02:44:26,320
 that the applicant after the residents have had an opportunity to speak has the option

2324
02:44:26,320 --> 02:44:33,580
 of coming up and offering some additional thoughts or rebuttals, just a minute.

2325
02:44:33,580 --> 02:44:35,260
 You don't have to.

2326
02:44:35,260 --> 02:44:40,600
 If you do choose to exercise that option, then any of the previous speakers who did

2327
02:44:40,600 --> 02:44:47,880
 speak during the first round will have one minute to speak only on the items of which

2328
02:44:47,880 --> 02:44:49,880
 you spoke to.

2329
02:44:49,880 --> 02:44:52,120
 So it's up to you if you'd like to do that.

2330
02:44:52,120 --> 02:44:57,540
 You're welcome to at this time.

2331
02:44:57,540 --> 02:45:02,960
 Very briefly, when it comes to the sign, we put it up in accordance with city requirements.

2332
02:45:02,960 --> 02:45:05,020
 We were notified a couple of times it was down.

2333
02:45:05,020 --> 02:45:07,160
 We went back out there and put it up.

2334
02:45:07,160 --> 02:45:13,520
 We didn't have somebody sitting out there 24/7 to avoid vandalism.

2335
02:45:13,520 --> 02:45:19,480
 On the 200 feet notifications and the 500 feet for the neighborhood meetings, we notified

2336
02:45:19,480 --> 02:45:24,400
 out to 500 feet as we always do, but the official notices for this are something the city does

2337
02:45:24,400 --> 02:45:27,000
 and I cannot reply to that.

2338
02:45:27,000 --> 02:45:29,800
 When it comes to making money, we're all making money.

2339
02:45:29,800 --> 02:45:35,280
 We have salaries, we have IRA investments, we're saving, we're hoping our IRAs are making

2340
02:45:35,280 --> 02:45:40,680
 good investments on our behalf, so everybody's working in different ways to make money.

2341
02:45:40,680 --> 02:45:44,240
 Three-story building is allowed in MN.

2342
02:45:44,240 --> 02:45:48,840
 Three-story building could be done in the R7.

2343
02:45:48,840 --> 02:45:49,840
 But it is correct.

2344
02:45:49,840 --> 02:45:53,920
 The site is so small, it would be very difficult and possible at all to get a three-story building

2345
02:45:53,920 --> 02:45:58,440
 on there, particularly within the confines of the zoning areas.

2346
02:45:58,440 --> 02:46:02,900
 The historic zoning, there is a historic district next to us.

2347
02:46:02,900 --> 02:46:04,000
 We're adjacent to it.

2348
02:46:04,000 --> 02:46:05,400
 We're not a part of it.

2349
02:46:05,400 --> 02:46:08,440
 We're abiding by the city ordinances related to that.

2350
02:46:08,440 --> 02:46:12,940
 There are some adjacency requirements of something next to single families and that's being taken

2351
02:46:12,940 --> 02:46:15,280
 into consideration as well.

2352
02:46:15,280 --> 02:46:20,360
 If there's no issues with parking on the existing apartments and the parking standards are higher

2353
02:46:20,360 --> 02:46:24,760
 today than they were then, then I would think that we would have responsible parking.

2354
02:46:24,760 --> 02:46:31,120
 At that time, I cannot speak to any property manager anywhere that might be renting out

2355
02:46:31,120 --> 02:46:35,480
 multiple people or multiple people in a single room or on a single bed.

2356
02:46:35,480 --> 02:46:36,480
 That's another issue.

2357
02:46:36,480 --> 02:46:39,680
 Traffic, that's a formidable thing for the city to deal with.

2358
02:46:39,680 --> 02:46:45,120
 Yes, there's a traffic issue there and I think that's the main things I can think of at this

2359
02:46:45,120 --> 02:46:46,120
 time.

2360
02:46:46,120 --> 02:46:47,120
 Thank you.

2361
02:46:47,120 --> 02:46:48,120
 Thank you.

2362
02:46:48,120 --> 02:46:52,000
 So at this time, if you did speak the first time, you're welcome to come down.

2363
02:46:52,000 --> 02:46:58,000
 You'll have one minute and I ask that you restrict your comments to just those items

2364
02:46:58,000 --> 02:47:02,880
 that were shared on the rebuttal, so that's the sign notification, the mailed notifications

2365
02:47:02,880 --> 02:47:11,460
 for the community meetings, the potential for profit in our activities, the three stories

2366
02:47:11,460 --> 02:47:19,240
 versus two, the historic nature of the historic overlay next door and the parking.

2367
02:47:19,240 --> 02:47:20,840
 Thank you.

2368
02:47:20,840 --> 02:47:24,360
 The sign was down 15 straight days.

2369
02:47:24,360 --> 02:47:25,920
 That's not going for maintenance.

2370
02:47:25,920 --> 02:47:30,120
 That's purposely 15 straight days that I went and took photos.

2371
02:47:30,120 --> 02:47:32,880
 I can forward this to you if you'd like.

2372
02:47:32,880 --> 02:47:37,000
 Making money, everybody wants to make money, but we also want to keep our property values

2373
02:47:37,000 --> 02:47:40,320
 up and appealing if we need to sell.

2374
02:47:40,320 --> 02:47:44,640
 So they're making money, it hurts all of these people behind me.

2375
02:47:44,640 --> 02:47:49,800
 The adjacent requirements, it's already been said when they talk about the greenery, it

2376
02:47:49,800 --> 02:47:55,680
 was told to me by staff that they cannot enforce that.

2377
02:47:55,680 --> 02:47:58,260
 So tell me what good that is.

2378
02:47:58,260 --> 02:48:01,560
 So yeah, okay, we're going to put it in here, but we can enforce it and we've seen that

2379
02:48:01,560 --> 02:48:03,400
 all around town.

2380
02:48:03,400 --> 02:48:06,040
 So a lot of these things do not apply.

2381
02:48:06,040 --> 02:48:07,040
 Does someone else get to talk?

2382
02:48:07,040 --> 02:48:08,040
 Can someone else talk about traffic?

2383
02:48:08,040 --> 02:48:09,040
 Okay.

2384
02:48:09,040 --> 02:48:10,040
 Sure.

2385
02:48:10,040 --> 02:48:11,040
 Any one wants to talk about traffic?

2386
02:48:11,040 --> 02:48:12,040
 In a minute.

2387
02:48:12,040 --> 02:48:13,040
 Ernie, you want to?

2388
02:48:13,040 --> 02:48:14,040
 You want to?

2389
02:48:14,040 --> 02:48:15,040
 All right.

2390
02:48:15,040 --> 02:48:21,560
 The traffic when they say it is what it is, let me tell you this.

2391
02:48:21,560 --> 02:48:25,500
 The apartments that are currently there, when we say we don't have an issue with those,

2392
02:48:25,500 --> 02:48:27,680
 it's because they have adequate parking.

2393
02:48:27,680 --> 02:48:29,520
 That part is being left out.

2394
02:48:29,520 --> 02:48:31,180
 They have adequate parking.

2395
02:48:31,180 --> 02:48:38,880
 And when you see that this property with no homes there, they do have access to that if

2396
02:48:38,880 --> 02:48:39,880
 they built apartments there.

2397
02:48:39,880 --> 02:48:44,360
 They walk right across that lot to their apartments.

2398
02:48:44,360 --> 02:48:48,200
 There is no guarantee on where it would be built if it would be built.

2399
02:48:48,200 --> 02:48:54,060
 From what we understand, according that it was sold to some people in California, they've

2400
02:48:54,060 --> 02:48:56,760
 not done one thing about building.

2401
02:48:56,760 --> 02:49:01,960
 So there would be issues and there would be access just walking across that lot.

2402
02:49:01,960 --> 02:49:02,960
 Thanks.

2403
02:49:02,960 --> 02:49:04,200
 Thank you.

2404
02:49:04,200 --> 02:49:10,840
 And then, if anybody else would like to address the rebuttal comments, you're welcome to.

2405
02:49:10,840 --> 02:49:16,000
 You'll have one minute if you so choose.

2406
02:49:16,000 --> 02:49:25,760
 Come on down.

2407
02:49:25,760 --> 02:49:28,760
 Thank you very much.

2408
02:49:28,760 --> 02:49:32,840
 You said there's adequate parking at the adjacent apartments.

2409
02:49:32,840 --> 02:49:35,880
 There was a mistake made.

2410
02:49:35,880 --> 02:49:41,200
 You mentioned the apartments right next to this land, they're single storey.

2411
02:49:41,200 --> 02:49:42,640
 They're not two storey.

2412
02:49:42,640 --> 02:49:46,400
 So a three storey would stick out like a sore thumb.

2413
02:49:46,400 --> 02:49:54,400
 Now, they say just last week when we had a meeting with them, they said 22 single room

2414
02:49:54,400 --> 02:49:55,840
 apartments.

2415
02:49:55,840 --> 02:49:58,720
 And then now it's back down to 18.

2416
02:49:58,720 --> 02:50:01,280
 So that means they're going to do multi-bedrooms.

2417
02:50:01,280 --> 02:50:05,360
 And they'll have more cars than they have spots to park in.

2418
02:50:05,360 --> 02:50:09,200
 So the place they're going to park is they're going to park right next door in that apartment

2419
02:50:09,200 --> 02:50:14,000
 complex where there's going to be extra parking and they're going to walk through the shrubbery

2420
02:50:14,000 --> 02:50:15,880
 there to their apartment.

2421
02:50:15,880 --> 02:50:17,880
 So that's how it's going to happen.

2422
02:50:17,880 --> 02:50:23,060
 That's what it's going to tell you.

2423
02:50:23,060 --> 02:50:27,120
 Anyone else not seeing any?

2424
02:50:27,120 --> 02:50:32,600
 We'll close the public hearing.

2425
02:50:32,600 --> 02:50:38,080
 Questions from the commission or discussion?

2426
02:50:38,080 --> 02:50:40,240
 Commissioner Riggs?

2427
02:50:40,240 --> 02:50:46,780
 So I think one of the big things to ask is what could go there now with the existing

2428
02:50:46,780 --> 02:50:50,340
 zoning as opposed to this request?

2429
02:50:50,340 --> 02:50:55,080
 So I guess if staff could answer that, I think that would be very, very helpful for the commission.

2430
02:50:55,080 --> 02:51:05,800
 So I do have a slide that I think would probably be the easiest to look at that on.

2431
02:51:05,800 --> 02:51:07,560
 Okay.

2432
02:51:07,560 --> 02:51:11,800
 So the table of allowed uses in the center here, that is what is permitted within this

2433
02:51:11,800 --> 02:51:13,800
 PD.

2434
02:51:13,800 --> 02:51:18,200
 So R7 is one of the zoning districts currently on the property.

2435
02:51:18,200 --> 02:51:25,440
 So this kind of outlines what would be permitted in R7 within SUP, which is everything down

2436
02:51:25,440 --> 02:51:28,920
 here would be permitted in the PD and then everything over here would be permitted in

2437
02:51:28,920 --> 02:51:36,920
 R7 within SUP and then MN would allow multifamily by right and a lot of other land uses.

2438
02:51:36,920 --> 02:51:43,140
 I don't have a printout of the MN zoning district, but multifamily in particular would be permitted

2439
02:51:43,140 --> 02:51:45,360
 in MN by right within SUP and R7.

2440
02:51:45,360 --> 02:51:50,040
 It would really depend which particular use, whether that would be permitted by right in

2441
02:51:50,040 --> 02:51:55,640
 R7 and MN, which would make developing the front of the property easier.

2442
02:51:55,640 --> 02:51:56,640
 Okay.

2443
02:51:56,640 --> 02:52:04,280
 Thanks, Ashley, that's very helpful because I think that's one of the things is, you know,

2444
02:52:04,280 --> 02:52:09,880
 whenever you look at this, we approve zoning now, no matter what the plan is right now,

2445
02:52:09,880 --> 02:52:13,900
 it could totally change once we change zoning, right?

2446
02:52:13,900 --> 02:52:17,000
 So it could definitely be something totally different.

2447
02:52:17,000 --> 02:52:23,840
 So whatever is being currently proposed, it could change based on our recommendation to

2448
02:52:23,840 --> 02:52:25,480
 council on the zoning.

2449
02:52:25,480 --> 02:52:31,840
 So I just kind of want to put that out there.

2450
02:52:31,840 --> 02:52:37,320
 Thank you.

2451
02:52:37,320 --> 02:52:42,480
 I have a couple of questions for staff just to understand what's possible as far as our

2452
02:52:42,480 --> 02:52:56,680
 actions and the future for the neighborhood.

2453
02:52:56,680 --> 02:53:09,320
 First of all, our buffering and fencing portion of the code, doesn't it require within that

2454
02:53:09,320 --> 02:53:14,480
 buffer zone some sort of fence between a multifamily property and single family property?

2455
02:53:14,480 --> 02:53:18,080
 So the landscape buffering doesn't require a fence, but typically, especially with something

2456
02:53:18,080 --> 02:53:22,040
 like this, where you need 30 points, you're going to need to put a fence in to meet those

2457
02:53:22,040 --> 02:53:23,040
 point requirements.

2458
02:53:23,040 --> 02:53:26,640
 So something like a masonry wall is worth 20 points, so you would typically see that

2459
02:53:26,640 --> 02:53:27,640
 around multifamily.

2460
02:53:27,640 --> 02:53:28,640
 Got it.

2461
02:53:28,640 --> 02:53:29,640
 Okay.

2462
02:53:29,640 --> 02:53:47,000
 And then I guess I understand, and please steer me clear if I'm going awry, I understand

2463
02:53:47,000 --> 02:53:53,040
 that the question of previous deed issues are not a city matter.

2464
02:53:53,040 --> 02:53:59,680
 My question would be, in our recommendation to city council, could we recommend that a

2465
02:53:59,680 --> 02:54:07,600
 zoning change be, I don't know if contingent is the right word, perhaps made invalid in

2466
02:54:07,600 --> 02:54:12,640
 the future if legal action were to change the ownership of the property because of a

2467
02:54:12,640 --> 02:54:13,800
 previous deed restriction?

2468
02:54:13,800 --> 02:54:17,280
 Does that make sense?

2469
02:54:17,280 --> 02:54:18,280
 I would have to look into that.

2470
02:54:18,280 --> 02:54:22,880
 I don't know if that's been something that we have tried in the past.

2471
02:54:22,880 --> 02:54:26,520
 There's very much meant to be two separate processes.

2472
02:54:26,520 --> 02:54:33,840
 So my initial gut reaction is I would not recommend going that direction, but ultimately

2473
02:54:33,840 --> 02:54:38,600
 I would need to do some additional research, but I guess you could direct staff to do additional

2474
02:54:38,600 --> 02:54:42,240
 research, but I wouldn't have an answer for you this evening.

2475
02:54:42,240 --> 02:54:43,240
 Okay.

2476
02:54:43,240 --> 02:54:44,240
 Thank you.

2477
02:54:44,240 --> 02:54:50,720
 To piggyback on that, I'm assuming we can only make a decision on the here and now what's

2478
02:54:50,720 --> 02:54:51,720
 before us.

2479
02:54:51,720 --> 02:54:52,720
 Yeah.

2480
02:54:52,720 --> 02:54:57,200
 I think that's our purview, right?

2481
02:54:57,200 --> 02:54:59,880
 Yeah.

2482
02:54:59,880 --> 02:55:03,920
 I would just add to this discussion that while staff has not seen any deed restrictions or

2483
02:55:03,920 --> 02:55:08,960
 found any in our searches, the applicant I believe does have their legal representation

2484
02:55:08,960 --> 02:55:13,360
 here who did research the property extensively if you would like to hear from him.

2485
02:55:13,360 --> 02:55:14,360
 Okay.

2486
02:55:14,360 --> 02:55:21,800
 Let me hear from Commissioner McDuff first and then maybe we'll look into that.

2487
02:55:21,800 --> 02:55:28,920
 My father didn't work at TWU for 50 years, but I did, Clay, so just to let you know that

2488
02:55:28,920 --> 02:55:34,840
 and I've seen the development and the encroachment of development on the TWU campus and the implications

2489
02:55:34,840 --> 02:55:37,280
 of the traffic.

2490
02:55:37,280 --> 02:55:38,280
 Clearly so.

2491
02:55:38,280 --> 02:55:42,880
 It is of some concern and the vacant lot on the corner, I did get a letter about that

2492
02:55:42,880 --> 02:55:43,880
 too.

2493
02:55:43,880 --> 02:55:49,560
 There are many concerns though raised this evening I think with the traffic, historical

2494
02:55:49,560 --> 02:55:56,960
 neighborhoods, even the tree removal which we're all concerned about, but I am concerned

2495
02:55:56,960 --> 02:56:04,120
 most about the voice of the neighborhood and so I think from my seat, I'd be remiss if

2496
02:56:04,120 --> 02:56:11,040
 I didn't say those things representing District 3 because we were neighborhood centric and

2497
02:56:11,040 --> 02:56:13,560
 for one believe in that perspective.

2498
02:56:13,560 --> 02:56:18,240
 Thank you Chair Pruitt.

2499
02:56:18,240 --> 02:56:24,240
 So we have the legal representative of the applicant here.

2500
02:56:24,240 --> 02:56:30,000
 Could you give some background on, just to give us some understanding of how much risk

2501
02:56:30,000 --> 02:56:36,320
 there is in that regard, and Commissioner, I would just ask that you understand that

2502
02:56:36,320 --> 02:56:41,960
 this is not our legal representation, this is the representation of the applicant.

2503
02:56:41,960 --> 02:56:42,960
 Thank you Chairman.

2504
02:56:42,960 --> 02:56:48,400
 I'm Lance Van Zandt, 512 West Hickory here in Denton, Texas, and I was going to say you

2505
02:56:48,400 --> 02:56:50,440
 certainly want to take your attorney's advice, not mine.

2506
02:56:50,440 --> 02:56:56,040
 I'm one of those paid lawyers that will say anything if somebody had mentioned.

2507
02:56:56,040 --> 02:56:57,320
 Not the case here.

2508
02:56:57,320 --> 02:57:03,880
 I think probably what caused me to be called by the owner on this was he had already been

2509
02:57:03,880 --> 02:57:07,640
 through a couple of the community meetings I believe and there had been some information

2510
02:57:07,640 --> 02:57:08,640
 presented.

2511
02:57:08,640 --> 02:57:12,760
 I don't know if it was actually presented to Mr. Sherar, he found it based upon something

2512
02:57:12,760 --> 02:57:19,560
 that was told him at one of the meetings about this lot being dedicated for church use only.

2513
02:57:19,560 --> 02:57:23,640
 So obviously that brings to mind was there a deed restriction somewhere in the past.

2514
02:57:23,640 --> 02:57:28,600
 Someone made that a restriction that ran with the land that you would, any restriction that

2515
02:57:28,600 --> 02:57:31,800
 runs with the land you find in the deed records.

2516
02:57:31,800 --> 02:57:35,400
 And you know, attorneys can search, anybody can go search the deed records looking for

2517
02:57:35,400 --> 02:57:36,400
 deed restrictions.

2518
02:57:36,400 --> 02:57:42,240
 Mr. Sherar did have a title policy on the property that, you know, a title company has

2519
02:57:42,240 --> 02:57:47,360
 essentially said they would insure them for any litigation related to a purported deed

2520
02:57:47,360 --> 02:57:51,240
 restriction because they didn't find one related to church use.

2521
02:57:51,240 --> 02:57:57,280
 I think what, probably what caused the confusion or what brought this to someone's mind is

2522
02:57:57,280 --> 02:58:01,240
 there were some, we did find some documents that were the articles of incorporation for

2523
02:58:01,240 --> 02:58:06,640
 the University of Baptist Church and of course in any nonprofit corporation you state in

2524
02:58:06,640 --> 02:58:11,120
 your articles what your purpose is and you can only operate under that purpose or you

2525
02:58:11,120 --> 02:58:13,340
 might lose your taxes, get them status.

2526
02:58:13,340 --> 02:58:16,760
 And they of course had a provision in there that said all church assets including, you

2527
02:58:16,760 --> 02:58:20,520
 know, church building will be used for church purposes only.

2528
02:58:20,520 --> 02:58:24,560
 That doesn't, but that, you know, that restriction goes with the church if they buy more land.

2529
02:58:24,560 --> 02:58:27,280
 That doesn't stay with land they previously owned.

2530
02:58:27,280 --> 02:58:31,680
 That was just a restriction on the entity of the church, not a permanent restriction

2531
02:58:31,680 --> 02:58:32,840
 on the use of that land.

2532
02:58:32,840 --> 02:58:37,920
 So when the church sold it there was no deed restriction that a subsequent owner would

2533
02:58:37,920 --> 02:58:43,800
 be bound to and that was our finding and the title company's finding and again take your

2534
02:58:43,800 --> 02:58:46,640
 city lawyers advice, but that was my involvement sir.

2535
02:58:46,640 --> 02:58:47,640
 Thank you.

2536
02:58:47,640 --> 02:58:48,640
 Okay, you bet.

2537
02:58:48,640 --> 02:58:49,640
 Thank you.

2538
02:58:49,640 --> 02:58:50,640
 Discussion?

2539
02:58:50,640 --> 02:58:51,640
 Any other questions for staff?

2540
02:58:51,640 --> 02:58:52,640
 Thoughts?

2541
02:58:52,640 --> 02:58:53,640
 I have some thoughts.

2542
02:58:53,640 --> 02:58:54,640
 Oh, sorry.

2543
02:58:54,640 --> 02:58:55,640
 Oh, sorry.

2544
02:58:55,640 --> 02:58:56,640
 Do you want to go first?

2545
02:58:56,640 --> 02:58:57,640
 Go ahead.

2546
02:58:57,640 --> 02:59:08,560
 No, I've been talking way too much so go ahead.

2547
02:59:08,560 --> 02:59:18,160
 So I'm looking at the property and I'm seeing that this property in particular starts as

2548
02:59:18,160 --> 02:59:21,320
 you move from the east to the west.

2549
02:59:21,320 --> 02:59:26,640
 It's the one, two, three, four, five, six, seven, eighth property before you get to a

2550
02:59:26,640 --> 02:59:31,200
 big shopping center there on the corner of North Locust and East University.

2551
02:59:31,200 --> 02:59:35,120
 What did I just say, seven?

2552
02:59:35,120 --> 02:59:37,840
 Eight, sorry, eight.

2553
02:59:37,840 --> 02:59:44,840
 Two of those on the far east are businesses and they butt up against the big shopping

2554
02:59:44,840 --> 02:59:47,120
 center there on the corner.

2555
02:59:47,120 --> 02:59:55,120
 One is an empty lot, but all the rest are multifamily and we don't 100% know that this

2556
02:59:55,120 --> 03:00:01,840
 is going to go multifamily, but we talk about compatibility in the zoning and that would

2557
03:00:01,840 --> 03:00:09,080
 be compatible for all of those properties that are on that north side of East University

2558
03:00:09,080 --> 03:00:10,080
 Drive.

2559
03:00:10,080 --> 03:00:16,640
 I understand and feel for the residents that are on North Bell and Woodland because they

2560
03:00:16,640 --> 03:00:21,400
 are residential and they are historic residential.

2561
03:00:21,400 --> 03:00:27,240
 And when you've been next to a church and it gets sold it's a bit of a shock because

2562
03:00:27,240 --> 03:00:32,100
 you don't think that a church is going to get sold and in development.

2563
03:00:32,100 --> 03:00:37,160
 But the north part of this property that got sold is going to be residential and so it's

2564
03:00:37,160 --> 03:00:40,880
 just this southern property up against East University.

2565
03:00:40,880 --> 03:00:44,160
 It does fit if we approved this zoning.

2566
03:00:44,160 --> 03:00:50,120
 It does fit and a potential two story multifamily would be a lot better than a potential three

2567
03:00:50,120 --> 03:00:53,040
 story that what could go in now.

2568
03:00:53,040 --> 03:01:01,040
 I would encourage the applicant to be a nice neighbor and work with the residents and plan

2569
03:01:01,040 --> 03:01:05,520
 something that looks historic that blends in with the community because you are going

2570
03:01:05,520 --> 03:01:13,760
 to be the first property on that east side of this whole strip of multifamily that these

2571
03:01:13,760 --> 03:01:20,040
 residents these it's really six three on North Bell three on Woodland that are going to touch

2572
03:01:20,040 --> 03:01:27,160
 your property and one on North Bell on the corner that's really going to touch this property.

2573
03:01:27,160 --> 03:01:35,640
 Even a really cool looking set of townhouses would be a nice ease into the multifamily.

2574
03:01:35,640 --> 03:01:40,560
 But do something that looks historically do something that blends in I think that might

2575
03:01:40,560 --> 03:01:49,060
 go a long way to kind of ease the neighbors concerns but I will vote to go ahead and approve

2576
03:01:49,060 --> 03:01:54,960
 it if that's what the motion is just because I do feel like it does fit in with everything

2577
03:01:54,960 --> 03:02:00,280
 else and hope that the applicant would take tonight's concerns from the neighbors into

2578
03:02:00,280 --> 03:02:05,960
 consideration when they move forward with what they plan for the property.

2579
03:02:05,960 --> 03:02:22,000
 Mr. Riggs I'll defer to Commissioner McDuff okay Commissioner McDuff okay I'll just share

2580
03:02:22,000 --> 03:02:31,120
 unless you wanted okay I'll share a couple things you know I this is a unique neighborhood

2581
03:02:31,120 --> 03:02:39,560
 it's a historic area it's also unique because it is one of those rare neighborhoods in Denton

2582
03:02:39,560 --> 03:02:50,080
 that grew up before the zoning code was extremely specific about what you could do where.

2583
03:02:50,080 --> 03:02:53,960
 So if you if you go up on Woodland Street and you go a couple properties to the west

2584
03:02:53,960 --> 03:03:00,360
 you find a triplex in a single family home neighborhood right and it's fine you go about

2585
03:03:00,360 --> 03:03:07,800
 a block to the east and you see a whole row of duplexes on the north side and it's okay

2586
03:03:07,800 --> 03:03:16,280
 you know I heard that the existing multifamily is it hasn't been causing a problem but then

2587
03:03:16,280 --> 03:03:21,480
 I also heard that you know with the existing neighborhood there were times when parking

2588
03:03:21,480 --> 03:03:28,360
 was excessive and it was causing concerns for safety there's there's limited control

2589
03:03:28,360 --> 03:03:34,440
 we have as this body when we decide a zoning change for a single parcel about that but

2590
03:03:34,440 --> 03:03:43,280
 I will tell you almost to a tee every application like this where it's adjacent to or or in

2591
03:03:43,280 --> 03:03:48,240
 a neighborhood and there's a potential for a zoning change that's a concern of people

2592
03:03:48,240 --> 03:03:51,760
 especially when there's already a problem.

2593
03:03:51,760 --> 03:03:58,280
 I will also say that and I'll ask staff a question on this in a minute with the exception

2594
03:03:58,280 --> 03:04:06,160
 of the comment that that is well heard of the potential for future residents to walk

2595
03:04:06,160 --> 03:04:11,800
 along the other property that the applicant owns in between the property in question and

2596
03:04:11,800 --> 03:04:18,160
 Woodland and and being able to park on Woodland and then walked south to the a future development

2597
03:04:18,160 --> 03:04:26,120
 I understand that and I see that as a concern independent of that I don't know I haven't

2598
03:04:26,120 --> 03:04:34,600
 talked to a developer in ever that would imagine building multifamily here with not enough

2599
03:04:34,600 --> 03:04:38,640
 parking because it means they wouldn't be able to rent the stuff out right.

2600
03:04:38,640 --> 03:04:44,480
 I mean we we already have a hard time walking a block and a half when we park at the square

2601
03:04:44,480 --> 03:04:49,520
 to go to Beth Marie's and and I will tell you the number of people who would stomach

2602
03:04:49,520 --> 03:04:59,040
 parking two blocks away and then walking to their apartment complex would be very small.

2603
03:04:59,040 --> 03:05:07,400
 You know the I was a little bit confused by I'm all on board on safety and let's let's

2604
03:05:07,400 --> 03:05:16,080
 find solutions I was confused by the simultaneous concern that this loop that I think I understand

2605
03:05:16,080 --> 03:05:23,880
 the the geometry of what was being suggested that to go east since it's a right out only

2606
03:05:23,880 --> 03:05:29,380
 you would turn right on University then right on Locust right on Sherman right on Woodland

2607
03:05:29,380 --> 03:05:39,400
 right on Bell and then turn left on University right totally understand that but that doesn't

2608
03:05:39,400 --> 03:05:45,320
 that doesn't seem to go in congruence with this statement that well there's already a

2609
03:05:45,320 --> 03:05:50,840
 lot of backup on Bell because honestly if there's a decent amount of traffic there already

2610
03:05:50,840 --> 03:06:00,720
 that dissuades people from doing that action right so it's trade-offs here and there.

2611
03:06:00,720 --> 03:06:09,200
 Question to staff I feel like I'm still learning the the fuzzy line between overlay PD and

2612
03:06:09,200 --> 03:06:21,440
 full PD would an overlay PD in this case would it still be consistent with that designation

2613
03:06:21,440 --> 03:06:30,680
 if we were to put a stipulation that the at least at the northern border that that buffer

2614
03:06:30,680 --> 03:06:35,880
 would include offense and this is specifically to the question of if they don't put offense

2615
03:06:35,880 --> 03:06:42,560
 up there and you have two vacant properties even though it is trespassing it could happen

2616
03:06:42,560 --> 03:06:47,160
 quite easily does that make sense it does make sense and just to note that this property

2617
03:06:47,160 --> 03:06:52,120
 owner has sold those lots so it's no longer under his ownership but I do believe it would

2618
03:06:52,120 --> 03:07:00,200
 still meet the requirements if we require defense okay thank you yeah I mean my thoughts

2619
03:07:00,200 --> 03:07:06,240
 are that that's that's the one thing that I heard that could turn into a real problem

2620
03:07:06,240 --> 03:07:12,720
 right is if you have two vacant lots that people are trespassing through in order to

2621
03:07:12,720 --> 03:07:18,120
 parking from somebody else's house and it creates disagreements and you don't have friendly

2622
03:07:18,120 --> 03:07:25,760
 neighbors anymore so I would be supportive of supporting the motion as is or with that

2623
03:07:25,760 --> 03:07:31,560
 stipulation to give the the neighborhood some confidence that that particular problem is

2624
03:07:31,560 --> 03:07:39,120
 not going to to occur if that makes sense any other discussion or I'm not sure Commissioner

2625
03:07:39,120 --> 03:07:44,000
 Riggs yeah I would say between multifamily and single-family I believe that's a requirement

2626
03:07:44,000 --> 03:07:51,640
 that there is a basically offense or masonry wall so I don't have that concern I do have

2627
03:07:51,640 --> 03:07:58,600
 concerns though I feel like as if there should be maybe somewhat of a buffer between multifamily

2628
03:07:58,600 --> 03:08:04,880
 and single-family in this area I also understand that the way it's currently zoned it seems

2629
03:08:04,880 --> 03:08:12,120
 like as if essentially something similar could go in there with the current zoning so kind

2630
03:08:12,120 --> 03:08:17,840
 of go even if this is denied or this is not that we don't deny or approve but even this

2631
03:08:17,840 --> 03:08:25,200
 is recommended to deny then you the neighborhood still could end up with something similar

2632
03:08:25,200 --> 03:08:31,160
 next to them so I just want to let that be known that's a good point I guess I'll offer

2633
03:08:31,160 --> 03:08:36,840
 that when I was looking at this combination of parcels I'm not a developer but I can read

2634
03:08:36,840 --> 03:08:44,560
 and do math you know I came up with depending on the tree survey and everything that likely

2635
03:08:44,560 --> 03:08:51,560
 by right you could put somewhere between 30 and 37 units here from being creative and

2636
03:08:51,560 --> 03:09:04,440
 and if I can figure that out then applicants certainly can so yeah I guess just to clarify

2637
03:09:04,440 --> 03:09:09,560
 when when Commissioner Riggs was speaking about there would have to be offense my understanding

2638
03:09:09,560 --> 03:09:16,000
 was that there's a 10-foot buffer at the north side of the property in in the R3 current

2639
03:09:16,000 --> 03:09:22,720
 R3 portion and then there's a 30-foot buffer on the eastern side but neither of those buffers

2640
03:09:22,720 --> 03:09:28,920
 would absolutely require offense we just typically see them as that correct and so the 30 foot

2641
03:09:28,920 --> 03:09:33,600
 setback that's for the building from the historic district the buffer would be 10 foot with

2642
03:09:33,600 --> 03:09:38,200
 30 points and I have the table up here just to kind of show some of the points that you

2643
03:09:38,200 --> 03:09:44,760
 get so typically you do end up with the fence it's just the easiest way to to get the points

2644
03:09:44,760 --> 03:09:49,960
 that you need and within that space so the buffer would be 10 foot width 30 points for

2645
03:09:49,960 --> 03:09:54,720
 developing multifamily for commercial it would be 15 foot width and 30 points so either way

2646
03:09:54,720 --> 03:10:03,520
 there's 30 points an extra 5 extra feet does that communicate no it's not necessary requirement

2647
03:10:03,520 --> 03:10:11,680
 but it's almost it's almost a given it's the cheapest way to do it probably right okay

2648
03:10:11,680 --> 03:10:26,560
 any other discussion or questions or motion

2649
03:10:26,560 --> 03:10:39,600
 okay I will make a motion to recommend approval with the stipulation that the northern buffer

2650
03:10:39,600 --> 03:10:50,500
 zone require offense given the the existing conditions of the area just to clarify do

2651
03:10:50,500 --> 03:10:55,280
 you have a particular type of fence that's in mind or any any any qualifying fence in

2652
03:10:55,280 --> 03:11:07,320
 our wonderful five by eighteen tape commissioner dire I will get go ahead and second that motion

2653
03:11:07,320 --> 03:11:18,240
 to recommend that we approve this with those considerations any other discussion or questions

2654
03:11:18,240 --> 03:11:23,480
 I will just go ahead and say that I'm gonna vote not to approve this just because I do

2655
03:11:23,480 --> 03:11:29,500
 feel like there should be a buffer whether current zoning is what it is or future zoning

2656
03:11:29,500 --> 03:11:40,400
 so that's okay sure just just for staffs understanding is that a buffer of space or a buffer of a

2657
03:11:40,400 --> 03:11:45,460
 different buffer between multifamily and single-family so something between just an apartment complex

2658
03:11:45,460 --> 03:11:53,440
 right next to some type of development building vertical construction okay so like a townhouse

2659
03:11:53,440 --> 03:12:02,160
 I have no idea what that looks like but I just don't like what I'm hearing yeah I'll

2660
03:12:02,160 --> 03:12:10,600
 just say I I understand that unfortunately this is not sim city we don't get to determine

2661
03:12:10,600 --> 03:12:17,800
 what pencils and when I look at again the what could be done with the existing zoning

2662
03:12:17,800 --> 03:12:25,520
 I think that the the 30-foot buffer to the east is a very large concession it's something

2663
03:12:25,520 --> 03:12:33,760
 that under any other development plan with the r7 zoning that's there would not be required

2664
03:12:33,760 --> 03:12:42,280
 so I view this overlay PD is being honestly very very sensitive to to the existing neighborhood

2665
03:12:42,280 --> 03:12:49,880
 so yeah and I will say that also I totally appreciate the current zoning and also property

2666
03:12:49,880 --> 03:12:54,400
 owner's rights and traffic concerns and the fact that this would go on to University not

2667
03:12:54,400 --> 03:12:59,000
 necessarily woodland so I totally understand that and I'm I'm really kind of 50/50 but

2668
03:12:59,000 --> 03:13:10,680
 I'm gonna lean toward not approving so this was a hard one all right see no further questions

2669
03:13:10,680 --> 03:13:19,760
 or discussion I'll call for a vote on the board

2670
03:13:19,760 --> 03:13:28,720
 that item fails two to three so is this posted for Ashley for a city council hearing at this

2671
03:13:28,720 --> 03:13:37,040
 point yet or not yet okay so it will be re-noticed if it goes forward to city council so be be

2672
03:13:37,040 --> 03:13:50,120
 aware of that

2673
03:13:50,120 --> 03:14:02,000
 okay that brings us to items 6a hold a discussion regarding the planning and zoning matrix

2674
03:14:02,000 --> 03:14:08,080
 that evening we have had no changes to the matrix since our last meeting and similarly

2675
03:14:08,080 --> 03:14:11,920
 there have been no items taken before City Council that the sports were done since our

2676
03:14:11,920 --> 03:14:18,120
 last meeting so no updates from staff any requests to add to the matrix from the commission

2677
03:14:18,120 --> 03:14:33,840
 mr. McDuff yes just some comments I have my notes if could we highly number this matrix

2678
03:14:33,840 --> 03:14:41,400
 so I could find what I'm looking for one two three have another column perhaps would that

2679
03:14:41,400 --> 03:14:49,640
 would be helpful for me and then also I was wondering if we might add these are some sticking

2680
03:14:49,640 --> 03:14:56,800
 points for me that I have trouble with in the middle of the night when we have how to

2681
03:14:56,800 --> 03:15:07,360
 handle contact from developers and also contact from citizens for example we had all these

2682
03:15:07,360 --> 03:15:17,720
 emails from the citizens I appreciate all those but I'm unsure if I should respond how

2683
03:15:17,720 --> 03:15:24,920
 should I respond I believe I should not forward them because of open records and certainly

2684
03:15:24,920 --> 03:15:33,760
 not reply all but if we could just have some just some discussion on on that topic it's

2685
03:15:33,760 --> 03:15:51,360
 that would help me we can certainly have that thank you so I have one and a half that I'd

2686
03:15:51,360 --> 03:16:01,040
 like to mention I don't know that this would necessarily be on our matrix but the main

2687
03:16:01,040 --> 03:16:10,920
 one is many many of these applications come to us with existing challenges I see our transportation

2688
03:16:10,920 --> 03:16:18,580
 staff is is already left unfortunately but existing challenges having to do with roadway

2689
03:16:18,580 --> 03:16:28,040
 safety right and we are just too slow to be able to take action on that this body doesn't

2690
03:16:28,040 --> 03:16:33,120
 have purview over that and that's what ends up being talked about and we need to figure

2691
03:16:33,120 --> 03:16:42,720
 out a way to make that loop of improving those street safety issues in neighborhoods a lot

2692
03:16:42,720 --> 03:16:50,920
 smaller some so my recommendation would be that mobility committee take up an action

2693
03:16:50,920 --> 03:17:00,600
 on whether to recommend to City Council to change our ordinances around parking prohibitions

2694
03:17:00,600 --> 03:17:06,440
 and turning movement prohibitions those those typical legal prohibitions that you put up

2695
03:17:06,440 --> 03:17:12,440
 to address some of the existing conditions issues right now those all require specific

2696
03:17:12,440 --> 03:17:18,920
 City Council approval for every street segment and in my view that holds this up and and

2697
03:17:18,920 --> 03:17:24,720
 we need to fix that so so if that's something staff feels comfortable with with that recommendation

2698
03:17:24,720 --> 03:17:32,720
 to go to the mobility committee for I think that's long overdue can certainly pass that

2699
03:17:32,720 --> 03:17:37,560
 message along and ask our friends in transportation to discuss that with the mobility committee

2700
03:17:37,560 --> 03:17:44,120
 yeah I would just say I this is one that I feel strongly about if if there's some reason

2701
03:17:44,120 --> 03:17:54,280
 that that this is not sufficient direction then I'd be open to having an item for a resolution

2702
03:17:54,280 --> 03:18:00,160
 for this body as a whole to debate that and choose whether to support that so other thing

2703
03:18:00,160 --> 03:18:04,680
 is I just like to remind staff that you know there's that parking study that's going a

2704
03:18:04,680 --> 03:18:10,520
 citywide parking study this is yet another example of somewhere that's not necessarily

2705
03:18:10,520 --> 03:18:21,440
 just downtown and not one street over from a university that has parking concerns and

2706
03:18:21,440 --> 03:18:30,600
 I remain hopeful that that we will learn through that study what tools we can use to have better

2707
03:18:30,600 --> 03:18:40,640
 managed parking in these areas so that residents concerns are are alleviated and we can encourage

2708
03:18:40,640 --> 03:18:48,360
 people to park where is best for for them to park basically so anything else from the

2709
03:18:48,360 --> 03:18:55,320
 Commission I just wanted to comment on the the parking traffic analysis part of it is

2710
03:18:55,320 --> 03:18:59,760
 you know we planning and zoning we're kind of like the first step right and it's essentially

2711
03:18:59,760 --> 03:19:06,920
 like can can you essentially do this type of development here and kind of like yes no

2712
03:19:06,920 --> 03:19:11,080
 you know kind of whatever and so a lot of times that planning and the engineering that

2713
03:19:11,080 --> 03:19:17,280
 goes into like a traffic impact study you don't a developer or property owner doesn't

2714
03:19:17,280 --> 03:19:21,820
 want to invest that money until they know that they have the zoning and so I would just

2715
03:19:21,820 --> 03:19:27,280
 be cognizant of that as whatever is being considered by staff you know because we don't

2716
03:19:27,280 --> 03:19:32,320
 want to make it so onerous I mean obviously but we hear the concerns and we want to address

2717
03:19:32,320 --> 03:19:38,880
 those but I said need to be cognizant of not being over owners yeah no completely understand

2718
03:19:38,880 --> 03:19:43,520
 my my goal is that staff would have the tools they need to go fix these problems before

2719
03:19:43,520 --> 03:19:55,120
 zoning cases come to us okay that brings us to item seven concluding items anyone have

2720
03:19:55,120 --> 03:20:05,840
 any concluding items to mention yes thank you very much for Commissioner Garland being

2721
03:20:05,840 --> 03:20:12,920
 brave to to come to a little bit of a later meeting as your first one appreciate you being

2722
03:20:12,920 --> 03:20:19,320
 willing to step up and serve your community in this capacity so thank you thank you I'm

2723
03:20:19,320 --> 03:20:26,840
 very happy to be here yeah and I will get the dates wrong but if you have them I believe

2724
03:20:26,840 --> 03:20:35,520
 there was a notice that went out for the ADU and something else feedback sessions over

2725
03:20:35,520 --> 03:20:40,520
 the next few weeks just in case everybody as somebody is still watching and if you are

2726
03:20:40,520 --> 03:20:44,880
 you're probably interested in this I'll let Angie give us those dates I might get dates

2727
03:20:44,880 --> 03:20:50,920
 wrong so let me okay so there are a couple community input meetings coming up on town

2728
03:20:50,920 --> 03:20:58,440
 homes and ADU specifically two of those opportunities are in person they're on the evenings of August

2729
03:20:58,440 --> 03:21:05,640
 21st and August 28th both of those are a Thursday night starting at six there's one virtual

2730
03:21:05,640 --> 03:21:11,880
 opportunity you can register for on the city's website that's Friday the 22nd I think that's

2731
03:21:11,880 --> 03:21:21,120
 at two or three in the afternoon those are those okay thank you yes I'd just also like

2732
03:21:21,120 --> 03:21:25,040
 to say thank you to Commissioner Pradron for her time with us even though she's not with

2733
03:21:25,040 --> 03:21:33,160
 us this evening we do appreciate her I believe almost one year of service to the Commission

2734
03:21:33,160 --> 03:21:39,160
 all right with that sorry Commissioner McDuff yes I just want to say thank you Haley for

2735
03:21:39,160 --> 03:21:46,340
 stepping in and we appreciate so much in your new role as acting director we promise we

2736
03:21:46,340 --> 03:21:54,240
 will support you and we appreciate all the good feedback the coaching the mentoring and

2737
03:21:54,240 --> 03:22:01,320
 I know that Commissioner Garland will appreciate that just like I appreciated it when I started

2738
03:22:01,320 --> 03:22:15,800
 my role so just so welcome all right thank you and with that at 903 I will call this

2739
03:22:15,800 --> 03:22:18,960
 meeting of the Planning and Zoning Commission to close thank you