WEBVTT

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 Good afternoon.

00:00:03.080 --> 00:00:10.980
 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?

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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.

00:02:02.440 --> 00:02:06.640
 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?

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 Thank you, Cameron.

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 Sorry.

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 Sorry.

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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

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 that.

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 Yes.

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 This was all done in 2015.

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 Yes.

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 Yes.

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

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 Of course.

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 Thank you.

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 Brings us to FP250025, final plat.

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 Welcome back, Matt.

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 Yes.

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 Thank you.

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 All right, Matt Bourdine, here we go.

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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.

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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.

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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.

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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

00:07:01.680 --> 00:07:06.960
 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.

00:07:37.640 --> 00:07:39.120
 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.

00:08:20.160 --> 00:08:21.160
 Okay.

00:08:21.160 --> 00:08:22.160
 Thank you.

00:08:22.160 --> 00:08:23.160
 Yeah.

00:08:23.160 --> 00:08:24.160
 Great.

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 Any other questions?

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 Thanks, Mia.

00:08:26.160 --> 00:08:27.160
 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

00:10:03.760 --> 00:10:09.720
 happy to answer any questions you all may have right now.

00:10:09.720 --> 00:10:10.720
 Any questions?

00:10:10.720 --> 00:10:11.720
 Okay.

00:10:11.720 --> 00:10:14.720
 Thank you, Angie.

00:10:14.720 --> 00:10:17.920
 That brings us to V250050.

00:10:17.920 --> 00:10:24.340
 I think this is the first meeting that we've ever had since the 2019 code that has two

00:10:24.340 --> 00:10:34.960
 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.

00:11:46.400 --> 00:11:47.400
 I don't see any.

00:11:47.400 --> 00:11:48.400
 Okay.

00:11:48.400 --> 00:11:49.400
 Thank you.

00:11:49.400 --> 00:11:50.400
 Okay.

00:11:50.400 --> 00:11:51.400
 Sorry.

00:11:51.400 --> 00:12:04.480
 So that brings us to our public hearings.

00:12:04.480 --> 00:12:31.680
 I'm AESA250001B.

00:12:31.680 --> 00:12:32.680
 Hello everyone.

00:12:32.680 --> 00:12:33.680
 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.

00:12:58.600 --> 00:13:18.880
 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?

00:13:31.880 --> 00:13:38.800
 There will be a more detailed presentation at City Council.

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 Any questions on this item?

00:13:40.640 --> 00:13:41.640
 Okay.

00:13:41.640 --> 00:13:42.640
 Thank you.

00:13:42.640 --> 00:13:43.640
 Oh, Commissioner Richter.

00:13:43.640 --> 00:13:44.640
 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.

00:14:17.240 --> 00:14:18.920
 Good evening, Chair and Commissioners.

00:14:18.920 --> 00:14:23.280
 My name is Sahra Svendiori, Senior Transportation Planner, Transportation Services.

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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 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?

00:14:46.400 --> 00:14:49.280
 I have more details, of course, in the presentation.

00:14:49.280 --> 00:14:50.280
 Yeah.

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

00:14:56.320 --> 00:15:08.560
 reference when we passed the mobility plan update, we actually modified this from a collector

00:15:08.560 --> 00:15:16.320
 into an arterial, and the reasoning stated then was that there was a desire to capture

00:15:16.320 --> 00:15:20.320
 more right-of-way along this corridor.

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 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

00:15:39.120 --> 00:15:47.480
 the mobility plan amendment process to make things easier on ourselves, given that there's

00:15:47.480 --> 00:15:55.840
 a substation going in on the south side of Eagle in this area.

00:15:55.840 --> 00:16:01.160
 Maybe those are completely separate conversations, I just, I don't know, because I don't see

00:16:01.160 --> 00:16:03.920
 into the connecting silos.

00:16:03.920 --> 00:16:08.360
 So, if there is information that you'll have on those, that's great.

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.

00:16:14.640 --> 00:16:15.640
 Sure.

00:16:15.640 --> 00:16:20.780
 About East Eagle, that specific location that you are referring, I think Chandra, our traffic

00:16:20.780 --> 00:16:23.120
 engineer, can have a better answer.

00:16:23.120 --> 00:16:27.960
 But overall, because this area is the fully developed area, currently the width of the

00:16:27.960 --> 00:16:32.320
 road fits within a collector criteria for us.

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 And this is, like, surrounded by UNT facilities, a huge cemetery on Eagle Drive.

00:16:39.720 --> 00:16:45.560
 And as a secondary arterial, we have to widening the road to 110 feet.

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.

00:16:51.720 --> 00:16:54.160
 And it's a huge burden on city to do that.

00:16:54.160 --> 00:17:00.400
 Also, there is a huge foot traffic, because these roads, they are inside UNT campus or

00:17:00.400 --> 00:17:04.440
 very close distance to the UNT campus.

00:17:04.440 --> 00:17:10.320
 In my staff analysis, I mentioned that how many parking lots are located, and like, students

00:17:10.320 --> 00:17:16.600
 crossing the street to get to the buildings, and lots of apartments also located in that

00:17:16.600 --> 00:17:17.600
 location.

00:17:17.600 --> 00:17:22.840
 And in order to provide better accessibility and connectivity, we recommend to keep it

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.

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

00:17:35.840 --> 00:17:43.320
 per hour in order to create, like, safe environment, especially for pedestrians and students.

00:17:43.320 --> 00:17:47.960
 So if I can answer your question, I can ask my colleague to help me.

00:17:47.960 --> 00:17:48.960
 Yeah, that's fine.

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

00:17:53.320 --> 00:17:54.320
 sense.

00:17:54.320 --> 00:17:55.320
 So, yeah.

00:17:55.320 --> 00:17:58.320
 Commissioner Riggs.

00:17:58.320 --> 00:18:05.240
 So I -- my question is, so the driver for reducing the -- basically, this to a collector

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

00:18:11.640 --> 00:18:14.600
 the driver for reducing this to a collector?

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

00:18:22.080 --> 00:18:23.080
 of the road.

00:18:23.080 --> 00:18:26.760
 That's the main reason, as I mentioned the reasons.

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

00:18:31.080 --> 00:18:32.080
 of the road.

00:18:32.080 --> 00:18:36.320
 No changes is going to happen.

00:18:36.320 --> 00:18:37.320
 Commissioner MacDuff.

00:18:37.320 --> 00:18:43.720
 I guess in open session I would ask that we talk about the budgetary concerns.

00:18:43.720 --> 00:18:45.440
 That was my first thought.

00:18:45.440 --> 00:18:48.600
 Well, it was my second thought.

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

00:18:55.640 --> 00:18:59.280
 there's a lot of traffic and concerns in the cemetery.

00:18:59.280 --> 00:19:02.640
 But my second thought was the budgetary concerns.

00:19:02.640 --> 00:19:04.440
 This would be a cost saver, I think.

00:19:04.440 --> 00:19:05.440
 Of course.

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

00:19:11.080 --> 00:19:17.640
 roads to this extent, because as a collector, these roads are fit with the criteria.

00:19:17.640 --> 00:19:18.640
 Right.

00:19:18.640 --> 00:19:19.640
 Yeah.

00:19:19.640 --> 00:19:20.640
 Okay.

00:19:20.640 --> 00:19:21.640
 Thank you.

00:19:21.640 --> 00:19:22.640
 Sure.

00:19:22.640 --> 00:19:23.640
 Thanks.

00:19:23.640 --> 00:19:24.640
 Anything else?

00:19:24.640 --> 00:19:25.640
 No?

00:19:25.640 --> 00:19:28.720
 Thank you, Sahar.

00:19:28.720 --> 00:19:39.680
 That brings us to item 5C, PD250002.

00:19:39.680 --> 00:19:47.240
 Good evening, Chair, members of the commission, Ashley Eckstead, Associate Planner.

00:19:47.240 --> 00:19:51.820
 This is PD252, 415 East University.

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,

00:19:57.040 --> 00:20:02.440
 240 feet west of Belle Avenue, to a PD overlay with an R7-based zoning district.

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

00:20:07.960 --> 00:20:09.360
 right corner.

00:20:09.360 --> 00:20:13.700
 The future land use designation is Neighborhood University Compatibility Area, which is shown

00:20:13.700 --> 00:20:15.480
 on the map on the top right.

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

00:20:19.900 --> 00:20:20.900
 for the open session.

00:20:20.900 --> 00:20:24.520
 But essentially, it's going to establish an R7-based zoning district.

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.

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

00:20:34.680 --> 00:20:38.940
 a 10-foot building setback from the residential and mixed-use zoning districts.

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

00:20:43.640 --> 00:20:47.160
 multifamily, so that's an additional 10 points for the buffer.

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

00:20:51.080 --> 00:20:53.680
 50 feet from the residential zoning districts.

00:20:53.680 --> 00:20:57.880
 That does exclude and add uses to the R7-based zoning district.

00:20:57.880 --> 00:21:06.480
 And staff does recommend approval, and I'm happy to answer any questions.

00:21:06.480 --> 00:21:07.480
 I don't see any.

00:21:07.480 --> 00:21:08.480
 Thanks.

00:21:08.480 --> 00:21:10.520
 Thank you, Ashley.

00:21:10.520 --> 00:21:11.600
 Okay.

00:21:11.600 --> 00:21:24.300
 That brings us to our work session report, which is PZ25-162, a report and discussion

00:21:24.300 --> 00:21:27.080
 on the comprehensive plan.

00:21:27.080 --> 00:21:29.900
 Good evening.

00:21:29.900 --> 00:21:30.960
 I'm Julie Wyatt.

00:21:30.960 --> 00:21:33.720
 We're going to have fun talking about this, I promise.

00:21:33.720 --> 00:21:38.760
 I have a lot of slides, but I promised Haley that I would be snappy.

00:21:38.760 --> 00:21:43.080
 So Julie Wyatt, principal planner with the City of Denton, and tonight we're doing a

00:21:43.080 --> 00:21:47.000
 boot camp on comprehensive planning.

00:21:47.000 --> 00:21:50.520
 So in our agenda, we're going to overview what is a comprehensive plan.

00:21:50.520 --> 00:21:54.100
 We're going to talk about what the state says about comprehensive planning.

00:21:54.100 --> 00:21:59.120
 We're going to give a brief history about comprehensive planning in Denton.

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

00:22:02.480 --> 00:22:03.940
 other plans with the city.

00:22:03.940 --> 00:22:05.360
 So here we go.

00:22:05.360 --> 00:22:09.080
 First, what is a comprehensive plan?

00:22:09.080 --> 00:22:12.400
 So this is a famous quote in planning.

00:22:12.400 --> 00:22:20.220
 It is attributed to Daniel Burnham, but some people think he didn't actually say it.

00:22:20.220 --> 00:22:21.400
 So who was Daniel Burnham?

00:22:21.400 --> 00:22:23.720
 He was a Chicago architect.

00:22:23.720 --> 00:22:30.520
 He actually was responsible for designing the 1893 World's Fair Columbian Exposition

00:22:30.520 --> 00:22:34.160
 in Chicago, the White City, if you've ever heard of it.

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.

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

00:22:44.840 --> 00:22:46.420
 see in a comprehensive plan now.

00:22:46.420 --> 00:22:50.600
 So that really was the genesis of comprehensive planning.

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

00:22:55.520 --> 00:23:00.600
 to vision what you want your city to look like in 20 years."

00:23:00.600 --> 00:23:05.120
 So that's why it's really important within the planning profession.

00:23:05.120 --> 00:23:07.320
 So what is a comprehensive plan?

00:23:07.320 --> 00:23:08.480
 It's really a roadmap.

00:23:08.480 --> 00:23:10.340
 It's a guide to the development of your city.

00:23:10.340 --> 00:23:15.920
 It talks about where you've been, where you are, and where you're going.

00:23:15.920 --> 00:23:20.160
 The Texas APA has six purposes for the comprehensive planning process.

00:23:20.160 --> 00:23:21.840
 I won't read all of them to you.

00:23:21.840 --> 00:23:26.040
 It really talks about we want to improve our infrastructure.

00:23:26.040 --> 00:23:27.700
 We want to promote the public interest.

00:23:27.700 --> 00:23:32.340
 We want to be able to grow smartly.

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

00:23:38.120 --> 00:23:39.120
 actions.

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

00:23:44.320 --> 00:23:49.480
 is in front of you asking for you to make a decision, a recommendation.

00:23:49.480 --> 00:23:54.600
 And what the comprehensive plan does is it provides that guiding document to provide

00:23:54.600 --> 00:24:00.260
 that framework for the long-range thinking when you're talking about an individual project.

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

00:24:06.320 --> 00:24:09.520
 a day-to-day basis.

00:24:09.520 --> 00:24:12.320
 So what's included in a comprehensive plan?

00:24:12.320 --> 00:24:17.400
 Typically you see a vision, and that happens through a lot of public engagement.

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.

00:24:21.960 --> 00:24:24.880
 Here's our aspirational statement."

00:24:24.880 --> 00:24:27.200
 A lot of research and analysis goes in.

00:24:27.200 --> 00:24:33.480
 You see a lot of the public engagement, that forward-facing work in a comprehensive planning

00:24:33.480 --> 00:24:37.120
 process, but a tremendous amount of work goes in in the back end.

00:24:37.120 --> 00:24:43.480
 Somebody sitting in a desk looking at demographics, looking at economic data, looking at growth

00:24:43.480 --> 00:24:49.460
 forecasts, figuring out how much land a city has to grow or how much redevelopment they

00:24:49.460 --> 00:24:50.460
 want to see.

00:24:50.460 --> 00:24:54.920
 All of those numbers and data goes into it.

00:24:54.920 --> 00:24:58.360
 That then informs the goals, objectives, and policies.

00:24:58.360 --> 00:25:00.240
 The goals are the desired outcome.

00:25:00.240 --> 00:25:01.600
 What do we want to see happen?

00:25:01.600 --> 00:25:06.040
 The policies are those specific statements that guide the decision-makers.

00:25:06.040 --> 00:25:09.040
 And then the actions, those are those specific steps that we do.

00:25:09.040 --> 00:25:15.520
 For instance, in our Denton plan or our Denton 2040 comprehensive plan, we talk about area

00:25:15.520 --> 00:25:18.280
 plans, and you saw us adopt those in the last year.

00:25:18.280 --> 00:25:21.960
 So those are those specific action steps.

00:25:21.960 --> 00:25:25.720
 Planners love maps, so there are a lot of maps and comprehensive plans.

00:25:25.720 --> 00:25:29.480
 And then implementation and monitoring, that's where we're looking at those action steps.

00:25:29.480 --> 00:25:32.320
 How long do we think it's going to take us to get it done?

00:25:32.320 --> 00:25:34.360
 Who are we going to have to partner with?

00:25:34.360 --> 00:25:37.760
 So that's really important.

00:25:37.760 --> 00:25:43.000
 The Texas Local Government Code gives us some direction when it comes to comprehensive plan.

00:25:43.000 --> 00:25:48.000
 It essentially says, "Yes, you can do a comprehensive plan as a municipality, but you

00:25:48.000 --> 00:25:51.040
 don't have to."

00:25:51.040 --> 00:25:54.080
 The content and design, they don't really prescribe that.

00:25:54.080 --> 00:25:58.320
 It does say you can have land use, transportation, public facilities.

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

00:26:03.920 --> 00:26:06.400
 and coordinate decisions.

00:26:06.400 --> 00:26:12.120
 The municipality can also define the standards for determining consistency between the comprehensive

00:26:12.120 --> 00:26:18.240
 plan and development regulations, and also the municipality can determine how they want

00:26:18.240 --> 00:26:23.300
 to adopt the comprehensive plan or modify it.

00:26:23.300 --> 00:26:27.880
 Other factors to consider, as I said, they're guiding documents, they're policy, they are

00:26:27.880 --> 00:26:30.080
 not zoning.

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,

00:26:36.760 --> 00:26:40.240
 but it should be updated every five years, because you think about how much Denton changes

00:26:40.240 --> 00:26:45.000
 every five years, you really should re-look at some of those land use assumptions, talk

00:26:45.000 --> 00:26:47.840
 to folks to make sure it's still valid.

00:26:47.840 --> 00:26:51.440
 All right, so this is going to be fun, I promise.

00:26:51.440 --> 00:26:55.800
 A brief history of comprehensive planning in Denton.

00:26:55.800 --> 00:26:58.240
 We have seven comprehensive plans.

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

00:27:04.120 --> 00:27:05.120
 more.

00:27:05.120 --> 00:27:12.760
 So our first one was in 1931, and the most recent one we adopted in 2022.

00:27:12.760 --> 00:27:18.520
 So here is an image or a map from the first Denton plan in 1931.

00:27:18.520 --> 00:27:24.460
 It actually recommended Denton's first zoning ordinance, and it was 41 pages, and so when

00:27:24.460 --> 00:27:30.640
 you look at the behemoths that comprehensive plans are now, 41 pages is very slight.

00:27:30.640 --> 00:27:35.720
 And you can see on the map, Denton was very, very small.

00:27:35.720 --> 00:27:43.080
 In 1948, we had another Denton plan, and I highlighted this language because the writing

00:27:43.080 --> 00:27:45.720
 of comprehensive plans has changed.

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

00:27:50.800 --> 00:27:58.560
 number 24 at right angles, eliminating the presence angular connection.

00:27:58.560 --> 00:28:02.360
 So that's not really the way we write comprehensive plans now.

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

00:28:08.960 --> 00:28:15.320
 at one point jogged when it connected to university, and they straightened it out.

00:28:15.320 --> 00:28:23.200
 So this aerial image is from 1942, before they adopted the plan, and then this image

00:28:23.200 --> 00:28:25.920
 is from today.

00:28:25.920 --> 00:28:29.720
 It was 34 pages, so it was a little slight as well.

00:28:29.720 --> 00:28:35.360
 1960, our comprehensive planning got a lot more detailed in 1960.

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.

00:28:40.320 --> 00:28:44.160
 It had this quote, and I love this quote.

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

00:28:48.520 --> 00:28:51.060
 listed among the leaders of the nation."

00:28:51.060 --> 00:28:58.000
 So we, yes.

00:28:58.000 --> 00:29:00.760
 - Is that the 288 loop on the west side?

00:29:00.760 --> 00:29:05.400
 - I'm so glad you asked, it included a thoroughfare plan.

00:29:05.400 --> 00:29:11.640
 - 1960, and this is 2025, and we're still talking about building that western 288 loop.

00:29:11.640 --> 00:29:17.200
 - That is a really good point, and you actually made my point for me.

00:29:17.200 --> 00:29:18.200
 - Did I steal your thunder?

00:29:18.200 --> 00:29:19.200
 I'm sorry.

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,

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

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

00:29:38.760 --> 00:29:42.280
 to think about these roads very far into the future.

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

00:29:47.840 --> 00:29:50.800
 like 50 years down the road, they had those planned out.

00:29:50.800 --> 00:29:53.120
 - Yes, and Denton did as well.

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

00:29:58.200 --> 00:29:59.800
 to really be a loop.

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

00:30:07.480 --> 00:30:09.140
 going to be a proper loop.

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

00:30:17.800 --> 00:30:19.440
 at the time.

00:30:19.440 --> 00:30:24.560
 I forgot to mention the previous plan was, it was planning for the federal highways.

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

00:30:30.640 --> 00:30:33.120
 highways at that time.

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

00:30:42.160 --> 00:30:45.320
 was planning for those additional roads.

00:30:45.320 --> 00:30:49.520
 You can also see it had grown, the city had grown.

00:30:49.520 --> 00:30:53.200
 That plan also included a downtown plan.

00:30:53.200 --> 00:30:58.760
 Some fun features of it, they were proposed a one-way traffic loop for pedestrians and

00:30:58.760 --> 00:31:07.040
 slow-moving vehicles around the square, I think in what we call the Mews streets now.

00:31:07.040 --> 00:31:13.320
 They were recommending a facelift for architecture, that it should be modernized to provide shopper

00:31:13.320 --> 00:31:14.320
 appeal.

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

00:31:19.880 --> 00:31:24.160
 on the older buildings to make it look fresher on the square.

00:31:24.160 --> 00:31:29.800
 Also, city hall offices did not have air conditioning, so the comprehensive plan talked about adding

00:31:29.800 --> 00:31:32.800
 air conditioning.

00:31:32.800 --> 00:31:35.000
 In 1974, we had another comprehensive plan.

00:31:35.000 --> 00:31:41.200
 It starts looking, again, more like what we see today, having those goals, those objectives,

00:31:41.200 --> 00:31:43.440
 those actions.

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

00:31:49.880 --> 00:31:50.880
 of Denton.

00:31:50.880 --> 00:31:57.560
 It was adopted in 1999, it was the basis for the 2002 Denton Development Code.

00:31:57.560 --> 00:32:04.000
 It focused on reducing sprawl, projecting neighborhoods, mixing of uses, and development

00:32:04.000 --> 00:32:07.000
 scale.

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

00:32:14.440 --> 00:32:15.440
 Development Code.

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,

00:32:21.640 --> 00:32:24.160
 which was an update to the Denton 2030.

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

00:32:30.000 --> 00:32:31.600
 the hierarchy.

00:32:31.600 --> 00:32:36.160
 We're talking about comprehensive plans tonight, so we're talking about the very top.

00:32:36.160 --> 00:32:43.200
 The umbrella over all the other plans that we have, including things like mobility plan,

00:32:43.200 --> 00:32:45.840
 capital improvement plan, area plans.

00:32:45.840 --> 00:32:51.420
 And then ultimately, it informs our zoning and our investments.

00:32:51.420 --> 00:32:52.960
 So how to read the plan.

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.

00:32:59.760 --> 00:33:04.300
 I encourage you to at least read through it a little bit.

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

00:33:08.760 --> 00:33:09.760
 of it.

00:33:09.760 --> 00:33:14.960
 There are 10 chapters, and each chapter really contains those things that we talked about

00:33:14.960 --> 00:33:19.600
 early, the research and analysis, the goals, policies, and actions, and our beloved maps

00:33:19.600 --> 00:33:22.360
 in the planning department.

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.

00:33:28.160 --> 00:33:32.760
 Now in old plans, vision statements were maybe like one or two sentences.

00:33:32.760 --> 00:33:41.000
 Now vision statements are a couple of pages, and Denton's vision statement is organized

00:33:41.000 --> 00:33:43.960
 around four strategic directions.

00:33:43.960 --> 00:33:47.640
 And those are the character of Denton, the people, institutions, and government, strength

00:33:47.640 --> 00:33:52.440
 of economy, and sound growth, which is form and function.

00:33:52.440 --> 00:34:00.200
 So those are the four organizing principles of our current comprehensive plan.

00:34:00.200 --> 00:34:05.160
 And each chapter tackles something related to the city.

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

00:34:10.200 --> 00:34:11.200
 Commission.

00:34:11.200 --> 00:34:15.080
 So land use chapter, we have a land use chapter.

00:34:15.080 --> 00:34:19.800
 It includes the portions of the vision statement that are relevant to land use.

00:34:19.800 --> 00:34:22.840
 And that is always at the beginning of every chapter.

00:34:22.840 --> 00:34:28.120
 And you'll see that it's got that blue heading.

00:34:28.120 --> 00:34:30.240
 The chapter includes research and analysis.

00:34:30.240 --> 00:34:33.720
 So often at the beginning of the chapter, we show our work.

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.

00:34:43.760 --> 00:34:46.120
 The items in the green box, those are the goals.

00:34:46.120 --> 00:34:52.240
 Those are the goals that are intended to help us achieve the vision.

00:34:52.240 --> 00:35:01.440
 The policies are in bold type, and then the actions are underneath the policies.

00:35:01.440 --> 00:35:03.000
 It is a large document.

00:35:03.000 --> 00:35:07.800
 I think we have like 573 actions in the plan.

00:35:07.800 --> 00:35:11.000
 So it is big.

00:35:11.000 --> 00:35:14.960
 Now remember, it is bigger than just land use, right?

00:35:14.960 --> 00:35:16.080
 It is all those chapters.

00:35:16.080 --> 00:35:24.800
 It's things like solid waste and infrastructure and parks and housing and community development.

00:35:24.800 --> 00:35:26.800
 We also have a future land use map.

00:35:26.800 --> 00:35:31.720
 This is a document you see a lot at the Planning and Zoning Commission.

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

00:35:39.920 --> 00:35:40.960
 the comprehensive plan.

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

00:35:46.160 --> 00:35:49.840
 that data is related to the future land use designation.

00:35:49.840 --> 00:35:55.240
 Other items to keep in mind, remember, comprehensive plan is comprehensive.

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

00:35:59.280 --> 00:36:08.360
 the goals and policies and actions are considered with any consideration or recommendation because

00:36:08.360 --> 00:36:11.120
 those are important, too.

00:36:11.120 --> 00:36:15.320
 Maps and actions also give specific direction, but there's also just a lot of text.

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

00:36:19.760 --> 00:36:22.000
 a project as well.

00:36:22.000 --> 00:36:26.360
 Texas Local Government Code, Chapter 211, that's the zoning part of Texas Local Government

00:36:26.360 --> 00:36:27.360
 Code.

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.

00:36:33.080 --> 00:36:38.620
 But if you have one, your zoning needs to be adopted in accordance with your comprehensive

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

00:36:42.680 --> 00:36:46.600
 and the community's vision.

00:36:46.600 --> 00:36:49.880
 The Debt and Development Code talks a little bit about the comprehensive plan.

00:36:49.880 --> 00:36:55.800
 It is in the approval criteria of zoning map amendments, PDs, SUPs, tax amendments.

00:36:55.800 --> 00:37:00.120
 It is something we are always referring to and looking at.

00:37:00.120 --> 00:37:06.320
 We should weigh those competing goals, policies, and strategies.

00:37:06.320 --> 00:37:10.880
 Sometimes the future land use doesn't always quite coincide with all of the goals, and

00:37:10.880 --> 00:37:12.880
 so we have to weigh those.

00:37:12.880 --> 00:37:20.680
 That's a big job that you have is how do you weigh those things.

00:37:20.680 --> 00:37:24.720
 Sometimes an application may make sense from the goals and policy standpoint, but maybe

00:37:24.720 --> 00:37:28.200
 not make as much sense from the future land use map.

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.

00:37:33.880 --> 00:37:37.640
 And then the Debt and Development Code also tells us how to amend our comprehensive plan.

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

00:37:40.760 --> 00:37:45.640
 the public hearing process and that we send out notification.

00:37:45.640 --> 00:37:52.040
 We have specific criteria for approval for a comprehensive plan, and it really does allow

00:37:52.040 --> 00:37:58.520
 us to make changes when conditions change.

00:37:58.520 --> 00:37:59.520
 And we want to do that.

00:37:59.520 --> 00:38:03.240
 We want to make sure we keep that flexibility.

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.

00:38:08.600 --> 00:38:10.640
 I think I got them all.

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

00:38:16.840 --> 00:38:20.040
 to the infrastructure and everything in between.

00:38:20.040 --> 00:38:24.800
 The city also has a strategic plan, and I'm going to see if it works.

00:38:24.800 --> 00:38:28.800
 We don't know if it will work.

00:38:28.800 --> 00:38:31.680
 No, it doesn't.

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.

00:38:37.360 --> 00:38:43.560
 We have a dashboard that allows community members to look at all of those elements within

00:38:43.560 --> 00:38:48.840
 the strategic plan and all of the plans to see what the city has accomplished.

00:38:48.840 --> 00:38:52.920
 Now, not all of these plans are in that dashboard yet.

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

00:38:57.360 --> 00:38:59.300
 plan is now in.

00:38:59.300 --> 00:39:03.220
 We're going to start reporting on the comprehensive plan through this dashboard as well.

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.

00:39:09.220 --> 00:39:10.520
 And that concludes my presentation.

00:39:10.520 --> 00:39:15.120
 I'll be happy to answer any questions.

00:39:15.120 --> 00:39:20.840
 Don't be shy, this is the fun part.

00:39:20.840 --> 00:39:21.840
 No questions?

00:39:21.840 --> 00:39:22.840
 Okay.

00:39:22.840 --> 00:39:23.840
 Commissioner Dyer?

00:39:23.840 --> 00:39:24.840
 I don't have a question.

00:39:24.840 --> 00:39:25.840
 I just have a comment.

00:39:25.840 --> 00:39:27.880
 Excellent information.

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

00:39:32.440 --> 00:39:35.160
 we've been to know where you're going.

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

00:39:41.460 --> 00:39:46.240
 Facebook page to talk about this to like inform the public?

00:39:46.240 --> 00:39:48.520
 So like this is a very interesting map.

00:39:48.520 --> 00:39:55.000
 So just like a little history, like what is the debt in 2040 comprehensive plan?

00:39:55.000 --> 00:39:58.720
 And then these are all the things that these are all the components of that plan.

00:39:58.720 --> 00:40:05.800
 I think that residents would appreciate learning more because that's how you engage your citizens

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

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

00:40:15.600 --> 00:40:19.960
 making decisions, all the different boards that are making decisions, especially as the

00:40:19.960 --> 00:40:22.560
 city grows.

00:40:22.560 --> 00:40:30.160
 I think it's, it gets harder and harder to keep that connection with residents because

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

00:40:35.660 --> 00:40:36.840
 in size.

00:40:36.840 --> 00:40:37.840
 That's a great point.

00:40:37.840 --> 00:40:40.440
 Yes, we are not doing that.

00:40:40.440 --> 00:40:41.600
 We have been working.

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

00:40:46.520 --> 00:40:51.720
 more clarity and where all of this information is.

00:40:51.720 --> 00:40:57.320
 But that's a really great point, and we'll keep working on it.

00:40:57.320 --> 00:41:06.760
 I've got a couple.

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

00:41:18.560 --> 00:41:29.880
 data, that they must use the comprehensive plan flume as the basis for their assumptions?

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.

00:41:38.280 --> 00:41:44.060
 I can say that the planning department in the last year has been very intentional to

00:41:44.060 --> 00:41:49.560
 meet with other departments and coordinate with them, and as a reminder, like, hey, we

00:41:49.560 --> 00:41:51.720
 have a comprehensive plan.

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

00:42:00.360 --> 00:42:04.880
 heads and departments who are very invested in the comprehensive plan.

00:42:04.880 --> 00:42:07.920
 So I don't know about everyone's processes.

00:42:07.920 --> 00:42:08.920
 It's a great question.

00:42:08.920 --> 00:42:16.560
 I don't know if Haley.

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

00:42:19.920 --> 00:42:21.360
 future land use map into account.

00:42:21.360 --> 00:42:26.720
 For example, the, like, even the impact fee studies and the utility master plans that

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,

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,

00:42:34.760 --> 00:42:38.360
 future growth projections that they could assume safely based on if things developed

00:42:38.360 --> 00:42:41.160
 as anticipated by the future land use map.

00:42:41.160 --> 00:42:43.040
 Yeah, I mean, that's good to hear.

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.

00:42:48.800 --> 00:42:56.280
 We have a more unified transportation planning group now than we used to.

00:42:56.280 --> 00:43:02.440
 The one example, sort of a counter example, perhaps from several, many years ago that

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

00:43:11.920 --> 00:43:18.320
 that was done sort of as a precursor to the Hickory Creek Road.

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.

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

00:43:30.920 --> 00:43:31.920
 plan.

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.

00:43:40.600 --> 00:43:42.760
 I trust that we're doing that less.

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

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,

00:43:54.520 --> 00:43:57.780
 all those sorts of things, and certainly the road studies.

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

00:44:03.640 --> 00:44:09.320
 doing that more than just incidentally as we bump into people in the hallway, I would

00:44:09.320 --> 00:44:11.560
 be interested in seeing that.

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.

00:44:19.600 --> 00:44:20.840
 Thank you.

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

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,

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

00:44:36.040 --> 00:44:37.040
 it again.

00:44:37.040 --> 00:44:40.600
 I have a real life copy.

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

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

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

00:45:03.160 --> 00:45:06.680
 that it talked about that were then implemented in later plans.

00:45:06.680 --> 00:45:15.160
 So that zoning ordinance prior to the CIS 65 had, you know, three different zoning categories.

00:45:15.160 --> 00:45:19.040
 I think it was residential, mixed use and industrial or something like that.

00:45:19.040 --> 00:45:20.040
 It was business.

00:45:20.040 --> 00:45:21.040
 Business.

00:45:21.040 --> 00:45:22.840
 I apologize.

00:45:22.840 --> 00:45:29.360
 And then the next zoning code expanded that into 17 categories, right, so it went from

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

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

00:45:39.680 --> 00:45:42.280
 and how these things came about.

00:45:42.280 --> 00:45:48.880
 So a part of that 1960 comprehensive plan talks about sort of neighborhoods and what

00:45:48.880 --> 00:45:51.420
 they are.

00:45:51.420 --> 00:45:59.000
 And then it goes along and says, you know, residential areas to include features which

00:45:59.000 --> 00:46:01.760
 will contribute to this ideal arrangement.

00:46:01.760 --> 00:46:07.040
 These neighborhood units are usually set off or defined by natural barriers such as drainage,

00:46:07.040 --> 00:46:12.280
 courses, railroads, or major traffic thoroughfares and highways.

00:46:12.280 --> 00:46:17.680
 The objective usually attached to such neighborhood concept, such a neighborhood concept, is the

00:46:17.680 --> 00:46:22.880
 development of neighborhood units of homogeneous groups of people having similarity in racial

00:46:22.880 --> 00:46:28.320
 characteristics, income levels, and general social and economic interests.

00:46:28.320 --> 00:46:34.600
 And then it goes on and talks about shopping districts at the intersection of these.

00:46:34.600 --> 00:46:39.400
 So I just found that interesting, you know, to see the history behind a comprehensive

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

00:46:46.480 --> 00:46:48.960
 from that, so.

00:46:48.960 --> 00:46:53.360
 Any other questions, comments?

00:46:53.360 --> 00:46:55.120
 Commissioner Riggs?

00:46:55.120 --> 00:47:01.600
 I think can you just talk to maybe the collaboration between city departments, because that was

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?

00:47:08.240 --> 00:47:09.240
 I can.

00:47:09.240 --> 00:47:16.640
 I have, so with any comprehensive plan or planning effort, we typically have a technical

00:47:16.640 --> 00:47:22.760
 advisory committee and that is made up of different departments who they weigh in on

00:47:22.760 --> 00:47:26.960
 any recommendations, any ideas associated with it.

00:47:26.960 --> 00:47:31.400
 So from the beginning we do talk to the different departments.

00:47:31.400 --> 00:47:36.720
 But other departments don't live and breathe the comprehensive plan like the planning department

00:47:36.720 --> 00:47:43.880
 does because, you know, it's kind of our guiding document, but other departments, you know,

00:47:43.880 --> 00:47:47.640
 they have other plans that they look at as well.

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

00:47:55.000 --> 00:48:00.000
 and then we also did individual meetings with each individual department and went over with

00:48:00.000 --> 00:48:06.040
 them what the comp plan says that they are supposed to be doing.

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

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

00:48:17.520 --> 00:48:18.520
 year.

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

00:48:23.520 --> 00:48:28.180
 year to see what does the comp plan say, what do we need to accomplish.

00:48:28.180 --> 00:48:34.080
 So all of our departments or directors really have been great about that.

00:48:34.080 --> 00:48:41.320
 And then with the new Envisio software, that dashboard where we can keep track of these

00:48:41.320 --> 00:48:47.600
 things, they will automatically be making a yearly update to the comp plan to say, hey,

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

00:48:53.440 --> 00:48:55.960
 on it, can you give a quick blurb and update.

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

00:49:02.640 --> 00:49:07.920
 departments.

00:49:07.920 --> 00:49:11.400
 >> It's interesting that you just brought that up, that you like meet with the departments

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

00:49:14.600 --> 00:49:18.200
 -- did you say there was like 500 like statutes or something in there?

00:49:18.200 --> 00:49:20.640
 >> Like 573 action items.

00:49:20.640 --> 00:49:25.880
 >> And that was one of my first thoughts is like, how closely does everybody follow this?

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?

00:49:30.280 --> 00:49:34.760
 Like are you tracking that people are following this?

00:49:34.760 --> 00:49:40.160
 Is there any like ramifications if they're not, like what does that all look like?

00:49:40.160 --> 00:49:44.260
 >> Well, it is ambitious, because remember, make no little plans, right?

00:49:44.260 --> 00:49:48.480
 So it is an ambitious plan.

00:49:48.480 --> 00:49:56.400
 And so we -- there's not really a punishment, but we encourage the different departments

00:49:56.400 --> 00:49:58.960
 to accomplish the things.

00:49:58.960 --> 00:50:05.320
 So some of those action items really are those probably more closely aligned with policy

00:50:05.320 --> 00:50:06.320
 statements.

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

00:50:12.920 --> 00:50:18.640
 that in the comp plan that parks needs to coordinate with Denton ISD.

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

00:50:24.760 --> 00:50:27.000
 Elementary with Denton ISD.

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

00:50:33.600 --> 00:50:38.200
 supporting documentation to say, hey, parks, this is what the community said we wanted

00:50:38.200 --> 00:50:39.200
 to do.

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

00:50:45.040 --> 00:50:52.840
 different departments.

00:50:52.840 --> 00:50:53.840
 >> Thank you very much, Julie.

00:50:53.840 --> 00:50:54.840
 >> Thank you.

00:50:54.840 --> 00:50:57.000
 >> Excellent presentation, by the way.

00:50:57.000 --> 00:51:03.080
 And we really enjoy your yearly updates, so I'll be looking forward to that.

00:51:03.080 --> 00:51:09.740
 I think that is it for our work session.

00:51:09.740 --> 00:51:22.360
 So at 553, I will call our work session to a close.

00:51:22.360 --> 00:51:28.000
 Thank you.

00:51:28.000 --> 00:51:29.000
 >> Good evening.

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

00:51:35.520 --> 00:51:38.900
 Zoning Commission to order.

00:51:38.900 --> 00:51:43.560
 With the quorum present, our first order of business is pledge allegiance to the U.S.

00:51:43.560 --> 00:51:45.160
 and Texas flag.

00:51:45.160 --> 00:51:54.080
 >> I pledge allegiance to the flag of the United States of America, and to the republic

00:51:54.080 --> 00:52:02.120
 for which it stands, one nation under God, indivisible, with liberty and justice for

00:52:02.120 --> 00:52:03.120
 all.

00:52:03.120 --> 00:52:20.620
 >> Honor the Texas flag, pledge allegiance to the Texas one state under God, one indivisible.

00:52:20.620 --> 00:52:26.280
 >> That brings us to item 2A, consider approval of the Planning and Zoning Commission minutes.

00:52:26.280 --> 00:52:33.900
 This also includes the capital improvement advisory minutes from June 23rd.

00:52:33.900 --> 00:52:37.720
 Take a motion or discussion.

00:52:37.720 --> 00:52:38.720
 Commissioner Dyer.

00:52:38.720 --> 00:52:42.600
 >> I make a motion to go ahead and approve the minutes.

00:52:42.600 --> 00:52:43.600
 >> Commissioner Riggs.

00:52:43.600 --> 00:52:44.600
 >> Second.

00:52:44.600 --> 00:52:51.920
 >> Let's vote on the board.

00:52:51.920 --> 00:52:54.120
 Item passes 5-0.

00:52:54.120 --> 00:53:00.660
 That brings us to item 3A, FP250020B.

00:53:00.660 --> 00:53:07.200
 Yeah, sorry.

00:53:07.200 --> 00:53:09.160
 This is the consent agenda.

00:53:09.160 --> 00:53:13.960
 Any questions on the consent agenda from the commission or motion?

00:53:13.960 --> 00:53:14.960
 Commissioner Riggs.

00:53:14.960 --> 00:53:18.400
 >> I make a motion to approve the consent agenda.

00:53:18.400 --> 00:53:19.400
 >> Commissioner McDuff.

00:53:19.400 --> 00:53:21.480
 >> I second.

00:53:21.480 --> 00:53:28.420
 >> With that, I'll call for a vote on the board.

00:53:28.420 --> 00:53:30.480
 That item passes 5-0.

00:53:30.480 --> 00:53:35.120
 Brings us to items for individual consideration for a FR250019.

00:53:35.120 --> 00:53:46.440
 >> Good evening, Chair and commission.

00:53:46.440 --> 00:53:49.220
 Cameron Robertson, principal planner.

00:53:49.220 --> 00:53:53.880
 This is for a final replat of the North Lake Shopping Center addition.

00:53:53.880 --> 00:54:01.440
 It is approximately 15.8 acres located generally on the northeast corner of Bonnie Bray and

00:54:01.440 --> 00:54:02.440
 US 380.

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

00:54:07.200 --> 00:54:15.480
 to a first extension request to September 10th, and I can stand for any questions.

00:54:15.480 --> 00:54:16.480
 >> Commissioner Riggs.

00:54:16.480 --> 00:54:22.520
 >> I make a motion to extend to September 10th, 2025.

00:54:22.520 --> 00:54:24.800
 >> And Commissioner McDuff.

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.

00:54:31.800 --> 00:54:37.440
 >> That's to continue not approve, correct?

00:54:37.440 --> 00:54:38.440
 Commissioner McDuff.

00:54:38.440 --> 00:54:46.720
 >> Granted to a date certain of September 10th, 2025, an extension.

00:54:46.720 --> 00:54:54.880
 >> With that, I'll call for a vote on the board.

00:54:54.880 --> 00:54:56.920
 That item passes 5-0.

00:54:56.920 --> 00:55:01.920
 Brings us to 4BFP250025.

00:55:01.920 --> 00:55:12.360
 >> Good evening, Commissioner, assistant planner, here to present a request for approval of

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

00:55:19.200 --> 00:55:23.320
 and Fincher Road and the city of Denton's ETJ1.

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

00:55:28.520 --> 00:55:39.040
 objection to the requested extension of the review to a date of September 10th, 2025.

00:55:39.040 --> 00:55:41.460
 >> Commissioner Riggs.

00:55:41.460 --> 00:55:45.920
 >> Make a motion to extend to September 10th, 2025.

00:55:45.920 --> 00:55:48.000
 >> Commissioner Dyer.

00:55:48.000 --> 00:55:51.400
 >> I will second that motion to extend to September 10th.

00:55:51.400 --> 00:55:52.980
 >> Thank you.

00:55:52.980 --> 00:55:57.720
 Seeing no questions, I'll call for a vote on the board.

00:55:57.720 --> 00:56:03.640
 >> That item passes 5-0.

00:56:03.640 --> 00:56:06.880
 Brings us to item 4CZCP25-0010.

00:56:06.880 --> 00:56:22.960
 >> Good evening, Chair, members of the commission, Mia Hines, senior planner.

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

00:56:29.280 --> 00:56:32.280
 vehicle servicing in the Razor Ranch overlay.

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

00:56:39.040 --> 00:56:43.280
 feet north of Panhandle Street.

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

00:56:48.840 --> 00:56:55.160
 to the east, also within Razor Ranch is a hotel convention center and indoor recreation.

00:56:55.160 --> 00:57:00.360
 And then to the south is a retail, existing retail store.

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,

00:57:05.480 --> 00:57:08.440
 north of Panhandle Drive.

00:57:08.440 --> 00:57:13.520
 The zoning or the base zoning within the Razor Ranch overlay area is south commercial district

00:57:13.520 --> 00:57:18.880
 or SCD, and the use is generally permitted in that SCD district does include commercial

00:57:18.880 --> 00:57:23.440
 services like as being proposed, as well as the retail and restaurant that we see surrounding

00:57:23.440 --> 00:57:24.560
 it.

00:57:24.560 --> 00:57:29.480
 So typically, zoning compliance plans do not come before this body, but it is stipulated

00:57:29.480 --> 00:57:34.960
 in the Razor Ranch overlay standards that approval of site plans must come from the Planning

00:57:34.960 --> 00:57:37.880
 and Zoning Commission, so that is why this is before you this evening.

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

00:57:42.080 --> 00:57:47.400
 elevations to ensure that they are complying with the appropriate standards within Razor

00:57:47.400 --> 00:57:48.400
 specifically.

00:57:48.400 --> 00:57:53.400
 And as provided in your backup, this one is Exhibit C1 for architectural requirements,

00:57:53.400 --> 00:57:57.160
 and Exhibit D1 for landscape requirements.

00:57:57.160 --> 00:58:01.960
 This does meet all of the approval criteria listed in the Razor Ranch overlay ordinance.

00:58:01.960 --> 00:58:06.120
 Specifically, the site plan does comply with the concept and schematic plan approved for

00:58:06.120 --> 00:58:08.920
 the overall area of Razor Ranch by City Council.

00:58:08.920 --> 00:58:13.720
 The site plan does also provide for compatible arrangement of the one building that is proposing

00:58:13.720 --> 00:58:18.960
 and land uses as it is approved and was approved for that site.

00:58:18.960 --> 00:58:23.800
 The site plan provides for adequate and safe circulation of vehicular traffic, and the

00:58:23.800 --> 00:58:30.520
 plan does fully comply with other specific sections as stipulated in the overlay ordinance.

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

00:58:35.960 --> 00:58:37.800
 bays for quick vehicle servicing.

00:58:37.800 --> 00:58:43.920
 They do have 37 vehicular parking spaces on this site and two internal bicycle parking

00:58:43.920 --> 00:58:44.920
 spaces.

00:58:44.920 --> 00:58:48.040
 The driveways themselves do not connect to the public street.

00:58:48.040 --> 00:58:54.040
 They connect to the sort of internal Razor system, Razor private public access easement

00:58:54.040 --> 00:59:00.640
 system, and they also are proposing extension of some existing pedestrian stubs and sidewalks

00:59:00.640 --> 00:59:01.880
 in that area.

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

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

00:59:14.080 --> 00:59:18.400
 they are also of course providing what you see in orange as the other vehicular access

00:59:18.400 --> 00:59:19.400
 there.

00:59:19.400 --> 00:59:26.880
 Similarly, the purple area that you see there is the pedestrian path just adjacent to the

00:59:26.880 --> 00:59:32.720
 property line and connecting to the other areas within Razor for people to walk.

00:59:32.720 --> 00:59:36.400
 As far as landscaping, they are meeting the minimum requirements with an overall landscape

00:59:36.400 --> 00:59:42.400
 area proposed at 28%, and an overall 36% tree canopy cover.

00:59:42.400 --> 00:59:48.080
 They are proposing a bit of an alternative landscape plan as the requirement of street

00:59:48.080 --> 00:59:55.560
 trees for this site makes it, or an existing easement makes it challenging to plant the

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

01:00:01.360 --> 01:00:07.200
 of those trees they have moved to screen the actual internal private drive and the parking

01:00:07.200 --> 01:00:11.920
 area that is between the building and that internal drive that is most likely the way

01:00:11.920 --> 01:00:15.000
 that people would be accessing this building.

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

01:00:18.680 --> 01:00:21.480
 site.

01:00:21.480 --> 01:00:25.600
 Here are the conceptual building elevations that they are proposed, that color palette

01:00:25.600 --> 01:00:32.120
 that they are proposing is consistent with the Razor Ranch overlay color palette standards,

01:00:32.120 --> 01:00:37.760
 and basically the rear facing elevation or the rear facing west elevation is what you

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

01:00:42.300 --> 01:00:44.320
 drive system.

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

01:00:49.640 --> 01:00:55.000
 portion so I'll talk about it here, staff is recommending conditional approval of this

01:00:55.000 --> 01:01:01.120
 site plan provided that a replat occur prior to the issuance of any building permits.

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

01:01:05.720 --> 01:01:10.720
 line for this site, they do have some parking and some landscaping proposed technically

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

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

01:01:21.400 --> 01:01:23.200
 before they receive any building permits.

01:01:23.200 --> 01:01:27.640
 Other than that, they are meeting all the criteria as discussed before, and so staff

01:01:27.640 --> 01:01:32.680
 is recommending conditional approval subject of course to that replat occurring prior to

01:01:32.680 --> 01:01:36.440
 them pulling building permits.

01:01:36.440 --> 01:01:42.640
 That pretty much concludes my presentation, are there any questions?

01:01:42.640 --> 01:01:47.760
 - Dr. Dyer. - So going back to the landscape plan when

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

01:01:57.040 --> 01:02:04.360
 because of the 20 foot requirement from TxDOT, is that all the space they have?

01:02:04.360 --> 01:02:10.840
 Is there an opportunity in the future once all the frontage roads and everything is done

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

01:02:17.480 --> 01:02:25.080
 down the interstate so it's not just all road, grass, some bushes and parking lot?

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

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

01:02:37.140 --> 01:02:43.660
 parking and the right of way, they do still have that, maintain that landscape buffer

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

01:02:47.400 --> 01:02:51.320
 trying to maintain the easements and fit in the parking that they need for this site.

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

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

01:03:04.800 --> 01:03:09.160
 other additional parking spaces that they might have been able to put elsewhere and

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

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

01:03:22.200 --> 01:03:26.520
 parking lot is still occurring, it's just on the other public access street.

01:03:26.520 --> 01:03:30.440
 - Do we know how tall those hollies will get?

01:03:30.440 --> 01:03:34.480
 - Not off the top of my head, no.

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

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

01:03:53.200 --> 01:03:59.560
 access is so it should provide some shade there and separation from the rest of the

01:03:59.560 --> 01:04:04.560
 things within Razor Ranch area.

01:04:04.560 --> 01:04:07.160
 - Commissioner Riggs.

01:04:07.160 --> 01:04:13.080
 - Thank you Mia and I make a motion to approve as presented by staff.

01:04:13.080 --> 01:04:15.480
 - So at conditional approval?

01:04:15.480 --> 01:04:16.860
 - Yes.

01:04:16.860 --> 01:04:20.840
 - Okay and Commissioner MacDuff.

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

01:04:27.920 --> 01:04:32.560
 the conditional approval as presented by staff.

01:04:32.560 --> 01:04:38.360
 - Any other questions?

01:04:38.360 --> 01:04:47.440
 Seeing none, I'll call for a vote on the board.

01:04:47.440 --> 01:04:54.080
 That item passes five zero which brings us to our next item of individual consideration

01:04:54.080 --> 01:05:00.680
 item 4D V25-0058.

01:05:00.680 --> 01:05:15.280
 - Good evening Chair, members of the commission, Angie Manglars here to present V25-0058.

01:05:15.280 --> 01:05:18.000
 This is a subdivisions variance request.

01:05:18.000 --> 01:05:23.280
 Specifically, this is a variance request from standards in subchapter eight requiring that

01:05:23.280 --> 01:05:28.160
 no more than three residential dwelling units access a public street by means of a private

01:05:28.160 --> 01:05:29.780
 access easement.

01:05:29.780 --> 01:05:35.120
 This particular 10 acre tract of land is located approximately 390 feet north of East Ganser

01:05:35.120 --> 01:05:36.120
 Road.

01:05:36.120 --> 01:05:40.360
 It is situated in the ETJ and it does have a non-annexation agreement on it.

01:05:40.360 --> 01:05:44.160
 That does mean that this particular piece of property not only is required to follow

01:05:44.160 --> 01:05:47.720
 our subdivision standards but also does need to submit building permits through the city

01:05:47.720 --> 01:05:49.000
 of Denton.

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

01:05:53.880 --> 01:05:59.800
 and south of the subject property are additional properties with NAAs in the ETJ division one.

01:05:59.800 --> 01:06:07.480
 Further west is undeveloped property inside city limits developed as rural residential.

01:06:07.480 --> 01:06:12.920
 There are currently four dwelling units that access Ganser Road through this private access

01:06:12.920 --> 01:06:13.920
 easement.

01:06:13.920 --> 01:06:18.080
 As stated, the applicant does intend to construct a single family home that would make this

01:06:18.080 --> 01:06:22.400
 the fifth home thus the variance request.

01:06:22.400 --> 01:06:26.360
 When reviewing a variance request there are a couple of considerations to take into account.

01:06:26.360 --> 01:06:29.240
 Staff does find that this application meets all of those requirements.

01:06:29.240 --> 01:06:32.680
 I'll just give you a little bit of a summary here tonight.

01:06:32.680 --> 01:06:38.400
 This is not anticipated to be detrimental to health life or safety of residents or other

01:06:38.400 --> 01:06:39.900
 property.

01:06:39.900 --> 01:06:44.340
 It is because of the particular physical surroundings of this lot that this variance request is

01:06:44.340 --> 01:06:47.320
 coming forward not just by mere inconvenience.

01:06:47.320 --> 01:06:51.200
 It's not feasible or proportional for the property owner to dedicate and construct a

01:06:51.200 --> 01:06:53.600
 public road to their property.

01:06:53.600 --> 01:06:59.560
 Furthermore, this doesn't vary any other provisions within the comprehensive plan, the DDC or any

01:06:59.560 --> 01:07:03.320
 other city of Denton plans apart from the specific variance that's being requested

01:07:03.320 --> 01:07:04.580
 tonight.

01:07:04.580 --> 01:07:09.960
 And this particular condition that the owner is requesting a variance from is not due to

01:07:09.960 --> 01:07:11.160
 the owner's actions.

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

01:07:16.400 --> 01:07:20.680
 of the lack of public infrastructure that this variance is needed.

01:07:20.680 --> 01:07:24.600
 Having said all of that, staff is recommending approval and does find that this request meets

01:07:24.600 --> 01:07:27.680
 our criteria for approval as specified in the DDC.

01:07:27.680 --> 01:07:31.880
 I'm happy to answer any questions you all may have.

01:07:31.880 --> 01:07:35.360
 Any questions or a motion?

01:07:35.360 --> 01:07:36.360
 Commissioner Riggs?

01:07:36.360 --> 01:07:37.360
 Yeah.

01:07:37.360 --> 01:07:38.360
 I have a question.

01:07:38.360 --> 01:07:40.440
 So you mentioned the infrastructure.

01:07:40.440 --> 01:07:44.800
 So how is the infrastructure to this home provided?

01:07:44.800 --> 01:07:51.640
 Is it by a typical meter or, I mean, does that make sense?

01:07:51.640 --> 01:07:55.600
 Water and septic, you mean?

01:07:55.600 --> 01:07:57.520
 Yes.

01:07:57.520 --> 01:08:01.520
 That particular infrastructure, I don't have the answer to, I do believe they're served

01:08:01.520 --> 01:08:02.520
 by septic.

01:08:02.520 --> 01:08:03.520
 Okay.

01:08:03.520 --> 01:08:04.520
 They're out in the ETJ.

01:08:04.520 --> 01:08:06.520
 They're not on city infrastructure.

01:08:06.520 --> 01:08:07.520
 Okay.

01:08:07.520 --> 01:08:08.520
 Okay.

01:08:08.520 --> 01:08:13.760
 Well, I think that answers it and everything else that you provided, thank you.

01:08:13.760 --> 01:08:14.760
 Commissioner Dyer?

01:08:14.760 --> 01:08:15.760
 Okay.

01:08:15.760 --> 01:08:16.760
 No question.

01:08:16.760 --> 01:08:17.760
 Okay.

01:08:17.760 --> 01:08:23.280
 Oh yeah, I want to make a motion though.

01:08:23.280 --> 01:08:24.280
 Yes.

01:08:24.280 --> 01:08:25.280
 Okay.

01:08:25.280 --> 01:08:28.480
 I'd like to make a motion to go ahead and approve this recommendation.

01:08:28.480 --> 01:08:29.480
 Okay.

01:08:29.480 --> 01:08:30.480
 Commissioner MacDuff?

01:08:30.480 --> 01:08:31.480
 Yes.

01:08:31.480 --> 01:08:39.480
 I'd like to second this motion for the proposal as recommended by staff.

01:08:39.480 --> 01:08:47.480
 Having no other questions or discussion, I'll call for a vote on the board.

01:08:47.480 --> 01:09:00.520
 That item passes five zero, brings us to our last individual consideration item, V25-0050.

01:09:00.520 --> 01:09:13.840
 Good evening, Erin Stanley, Assistant Planner.

01:09:13.840 --> 01:09:16.840
 This is a request for another subdivision variance.

01:09:16.840 --> 01:09:22.440
 This site is located north of East Mosh Branch Road, west of Barthold Road, approximately

01:09:22.440 --> 01:09:25.600
 a thousand feet just east of the town of Crum.

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

01:09:34.560 --> 01:09:39.840
 requirement that flagpole drives cannot be more than 300 feet long.

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.

01:09:49.800 --> 01:09:51.360
 So some considerations.

01:09:51.360 --> 01:09:55.640
 This site is already developed with a existing single family home.

01:09:55.640 --> 01:10:02.680
 The granting of this variance would not anticipate that it is detrimental to the public safety,

01:10:02.680 --> 01:10:07.800
 health or welfare of the property or adjacent properties.

01:10:07.800 --> 01:10:13.400
 The required minimum 24 foot wide flagpole drive is being provided.

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

01:10:17.680 --> 01:10:22.400
 from the existing drive or another drive onto Mosh Branch Road.

01:10:22.400 --> 01:10:29.360
 The request is also due to the particular surroundings and shape topographical condition.

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

01:10:34.000 --> 01:10:37.560
 any other way than a flag drive.

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

01:10:42.360 --> 01:10:48.960
 of two acres for each lot, kind of requiring this configuration and that longer flag drive

01:10:48.960 --> 01:10:51.880
 to be able to meet that two acres.

01:10:51.880 --> 01:10:57.080
 And like I said there is the existing home which would limit their ability to divide

01:10:57.080 --> 01:11:00.380
 it any other way.

01:11:00.380 --> 01:11:07.160
 This subdivision variance would not vary any other DDC comprehensive plan or mobility plan

01:11:07.160 --> 01:11:11.300
 provision except as authorized by this variance.

01:11:11.300 --> 01:11:17.960
 And the specific conditions which make this variance necessary were not created by the

01:11:17.960 --> 01:11:19.280
 current property owner.

01:11:19.280 --> 01:11:24.880
 He did purchase it after the lot was already plotted in this configuration and the specific

01:11:24.880 --> 01:11:29.440
 size and shape would reasonably warrant a desire to subdivide this property in this

01:11:29.440 --> 01:11:36.280
 manner since it is quite a large lot and has that long narrow shape.

01:11:36.280 --> 01:11:40.920
 With that staff is recommending approval as it meets all of the criteria for approval

01:11:40.920 --> 01:11:44.120
 and I will be happy to answer any questions.

01:11:44.120 --> 01:11:45.120
 >> Commissioner.

01:11:45.120 --> 01:11:52.400
 >> Sorry, I have lots of questions.

01:11:52.400 --> 01:11:57.080
 So is the total between the two, is it like four or five acres?

01:11:57.080 --> 01:11:59.840
 >> 4.5 is the total, yes.

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.

01:12:07.500 --> 01:12:13.840
 Have any of the neighbors, have you heard good or bad from them about their thoughts

01:12:13.840 --> 01:12:16.160
 or have they been -- are they required to be notified?

01:12:16.160 --> 01:12:18.320
 I'm assuming not because it's ETJ.

01:12:18.320 --> 01:12:19.320
 >> Correct.

01:12:19.320 --> 01:12:22.600
 And plots of subdivision variance does not require notification.

01:12:22.600 --> 01:12:23.600
 >> Okay.

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

01:12:29.400 --> 01:12:31.960
 can have two residences on it?

01:12:31.960 --> 01:12:35.580
 >> I do not know who it is intended for.

01:12:35.580 --> 01:12:38.400
 I don't believe it will be the same owner.

01:12:38.400 --> 01:12:39.400
 So --

01:12:39.400 --> 01:12:40.400
 >> Okay.

01:12:40.400 --> 01:12:41.400
 Thank you.

01:12:41.400 --> 01:12:42.400
 >> Commissioner Riggs.

01:12:42.400 --> 01:12:43.400
 >> Thank you, Erin.

01:12:43.400 --> 01:12:52.400
 Erin and I make a motion to approve as presented by staff.

01:12:52.400 --> 01:12:53.400
 >> Commissioner McDuff.

01:12:53.400 --> 01:12:54.400
 >> Yes.

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.

01:13:04.520 --> 01:13:15.840
 Having no other discussion or questions, I'll call for a vote on the board.

01:13:15.840 --> 01:13:18.880
 That item passes 5-0.

01:13:18.880 --> 01:13:22.040
 That brings us to our public hearings.

01:13:22.040 --> 01:13:38.160
 First one is 5A, AESA 25-0001B.

01:13:38.160 --> 01:13:54.240
 Good morning, commissioners.

01:13:54.240 --> 01:14:00.080
 I'm Jennifer Rabezi, watershed protection coordinator with watershed protection and I am presenting

01:14:00.080 --> 01:14:06.120
 tonight for the approval of alternative AESA plan 25-001.

01:14:06.120 --> 01:14:12.520
 This is for mitigation of encroachments at the proposed Spencer Road industrial site.

01:14:12.520 --> 01:14:18.440
 This alternative AESA proposes mitigation measures for two impact areas within the riparian

01:14:18.440 --> 01:14:25.520
 buffer and undeveloped floodplain ESAs.

01:14:25.520 --> 01:14:31.760
 The total acreage of the proposed site, so Spencer Road industrial, is 53.3 acres with

01:14:31.760 --> 01:14:37.680
 proposed development consisting of four industrial buildings and all associated infrastructure

01:14:37.680 --> 01:14:42.680
 including sidewalks, interior roads, detention and necessary utilities.

01:14:42.680 --> 01:14:48.400
 The anticipated development impact area is approximately 42.9 acres.

01:14:48.400 --> 01:14:56.080
 The current zoning for this tract is general office which allows for the proposed development.

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

01:15:02.480 --> 01:15:08.880
 then through ESA field assessments, so ESA field assessment 25-001.

01:15:08.880 --> 01:15:15.480
 It reviewed the status of a section of unnamed tributary to Pecan Creek that bisects the

01:15:15.480 --> 01:15:21.000
 property laterally, so on the screen it's that kind of blue squiggling line.

01:15:21.000 --> 01:15:26.800
 Developed floodplain and riparian buffer ESAs were confirmed as a result.

01:15:26.800 --> 01:15:35.080
 ESA 25-001 also identified a contiguous tract of cross timbers upland habitat on the eastern

01:15:35.080 --> 01:15:39.440
 perimeter and extending easterly beyond property bounds.

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

01:15:45.560 --> 01:15:52.880
 included and the development will be removing a portion of the permitted amount and is thus

01:15:52.880 --> 01:15:54.320
 not included in this request.

01:15:54.320 --> 01:16:03.360
 It is not included because 34% of the cross timber ESA is being retained.

01:16:03.360 --> 01:16:10.000
 So the proposed mitigation for the impacts is the proposed encroachment.

01:16:10.000 --> 01:16:15.240
 It consists of a connecting road and detention outfall.

01:16:15.240 --> 01:16:21.180
 The road crossing was placed at the northern section of the stream due to engineering constraints

01:16:21.180 --> 01:16:26.520
 and transportation requirements resulting in unavoidable impacts to the ESA.

01:16:26.520 --> 01:16:32.640
 0.23 acres of ESA are anticipated to be removed.

01:16:32.640 --> 01:16:37.480
 Proposed mitigation activities consist of removing invasive understory Chinese privet

01:16:37.480 --> 01:16:42.080
 growth from the ESAs not impacted by encroachments.

01:16:42.080 --> 01:16:46.560
 Once the privet is removed, additional native habitats will be provided by planting native

01:16:46.560 --> 01:16:49.840
 grasses and wildflowers in its place.

01:16:49.840 --> 01:16:55.640
 So the overall intent of the mitigation plan is to offset the lost ecological values at

01:16:55.640 --> 01:16:59.680
 the road crossing by improving conditions downstream.

01:16:59.680 --> 01:17:04.840
 The resulting mitigation activities are anticipated to improve water quality conditions leaving

01:17:04.840 --> 01:17:09.400
 this development.

01:17:09.400 --> 01:17:18.000
 So this all ESA generally followed the procedures in DDC 272 for zoning map change.

01:17:18.000 --> 01:17:23.720
 All necessary public hearing notifications were made and a neighborhood meeting was advertised

01:17:23.720 --> 01:17:27.400
 but canceled due to a lack of response.

01:17:27.400 --> 01:17:31.840
 So none was held.

01:17:31.840 --> 01:17:36.520
 It is our recommendation for approval with conditions in our backup materials.

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

01:17:41.960 --> 01:17:47.200
 any improvements so any improvements to utilities, things like that, they are to commence prior

01:17:47.200 --> 01:17:52.200
 to the issuance of the first building permit, vegetation will be monitored for growth until

01:17:52.200 --> 01:18:00.720
 the project is accepted by ESS and a perpetual maintenance plan shall be filed with planning.

01:18:00.720 --> 01:18:12.520
 So thank you for your time and I will accept any questions now.

01:18:12.520 --> 01:18:15.520
 Any questions?

01:18:15.520 --> 01:18:16.520
 Oh.

01:18:16.520 --> 01:18:17.520
 Was it just?

01:18:17.520 --> 01:18:18.520
 Sorry.

01:18:18.520 --> 01:18:21.520
 I was like that the whole time.

01:18:21.520 --> 01:18:29.320
 So it mentions vegetation but do we expect any proposed impact to any wildlife or anything

01:18:29.320 --> 01:18:34.960
 like that that may be currently inhabiting that space?

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.

01:18:42.400 --> 01:18:44.980
 So they're actually layered on top of one another.

01:18:44.980 --> 01:18:48.200
 So the actual impacted area is slightly smaller.

01:18:48.200 --> 01:18:54.720
 There will be some impacted but it won't be these kind of larger species.

01:18:54.720 --> 01:18:58.780
 It will be kind of mostly your macroinvertebrate species.

01:18:58.780 --> 01:19:02.620
 And then what we're returning is of greater value.

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

01:19:08.400 --> 01:19:11.300
 purview for any private project.

01:19:11.300 --> 01:19:19.320
 So that is a big boon with this project, especially returning native grasses and wildflowers.

01:19:19.320 --> 01:19:20.320
 Thank you.

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

01:19:28.760 --> 01:19:34.800
 about that portion of the upland habitat that will be encroached upon that our requirement

01:19:34.800 --> 01:19:40.560
 for upland habitat preservation is the same as our requirement for tree preservation essentially.

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

01:19:48.320 --> 01:19:52.080
 is typical if they weren't asking for an alteasa.

01:19:52.080 --> 01:19:53.080
 Is that correct?

01:19:53.080 --> 01:19:54.080
 Sorry.

01:19:54.080 --> 01:19:57.080
 I can answer that question.

01:19:57.080 --> 01:20:00.960
 Joada Daly, Watershed Protection Manager.

01:20:00.960 --> 01:20:07.000
 The preservation for commercial properties on upland habitat ESA is 30% and they're preserving

01:20:07.000 --> 01:20:08.000
 34%.

01:20:08.000 --> 01:20:09.000
 Got it.

01:20:09.000 --> 01:20:10.000
 Thank you.

01:20:10.000 --> 01:20:11.000
 All right.

01:20:11.000 --> 01:20:13.000
 Any other questions?

01:20:13.000 --> 01:20:14.000
 Okay.

01:20:14.000 --> 01:20:15.000
 Commissioner Riggs.

01:20:15.000 --> 01:20:23.560
 I make a motion to approve with conditions as recommended by staff.

01:20:23.560 --> 01:20:25.440
 And Commissioner McDuff.

01:20:25.440 --> 01:20:33.920
 We have a second here with motion to approve with the delineated conditions by staff.

01:20:33.920 --> 01:20:39.760
 Any other questions or discussion?

01:20:39.760 --> 01:20:42.080
 Seeing none, call for a vote.

01:20:42.080 --> 01:20:44.000
 I'm sorry.

01:20:44.000 --> 01:20:45.000
 This is a public hearing.

01:20:45.000 --> 01:20:48.520
 I will open the public hearing.

01:20:48.520 --> 01:20:50.440
 I do have a card to speak.

01:20:50.440 --> 01:20:57.240
 Can I have a motion to table that motion, please?

01:20:57.240 --> 01:20:58.240
 Yeah.

01:20:58.240 --> 01:20:59.240
 I guess I jumped the gun.

01:20:59.240 --> 01:21:00.240
 Yes.

01:21:00.240 --> 01:21:01.240
 Yeah.

01:21:01.240 --> 01:21:02.240
 It's my bad.

01:21:02.240 --> 01:21:03.240
 Okay.

01:21:03.240 --> 01:21:14.200
 So I do have a card to speak with Ms. Amy Bissett.

01:21:14.200 --> 01:21:18.800
 You're welcome to come forward.

01:21:18.800 --> 01:21:19.800
 Good evening, Commissioners.

01:21:19.800 --> 01:21:22.920
 Amy Bissett, 109 North Elm, Denton 76201.

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.

01:21:28.920 --> 01:21:31.000
 I'll just be here for any questions.

01:21:31.000 --> 01:21:38.800
 Yeah, I think maybe if there's anything you have contextually about wildlife in the area,

01:21:38.800 --> 01:21:39.800
 that might help.

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

01:21:44.960 --> 01:21:45.960
 asked.

01:21:45.960 --> 01:21:51.360
 So Chair Pruitt, to your question regarding tree preservation versus the preservation

01:21:51.360 --> 01:21:55.760
 requirement of the upland habitat, those are two separate requirements that have to be

01:21:55.760 --> 01:21:56.760
 met individually.

01:21:56.760 --> 01:22:03.280
 So the 34% of upland habitat that we are preserving does not count towards tree preservation.

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

01:22:09.480 --> 01:22:11.540
 that preservation as well.

01:22:11.540 --> 01:22:19.920
 And as it relates to wildlife, the riparian buffer today is thoroughly inhabited by Chinese

01:22:19.920 --> 01:22:30.440
 privet, which will inhibit the natural habitat for wildlife and by removing that privet and

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,

01:22:36.760 --> 01:22:43.000
 or replacing it with native seed mix, that will actually enhance and protect and allow

01:22:43.000 --> 01:22:52.080
 that ESA to provide a more appropriate and thorough habitat opportunity for wildlife.

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

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

01:23:02.840 --> 01:23:07.000
 habitat remaining for that wildlife to migrate over to.

01:23:07.000 --> 01:23:10.920
 Did that work for you, Rudy?

01:23:10.920 --> 01:23:15.880
 He wants to answer too, so, this is Rudy Reinike with IES.

01:23:15.880 --> 01:23:16.880
 State your name and address.

01:23:16.880 --> 01:23:21.080
 My name is Rudy Reinike, I work for Integrated Environmental Solutions, I'm the environmental

01:23:21.080 --> 01:23:22.800
 consultant associate of this job.

01:23:22.800 --> 01:23:27.320
 I can't resist talking about wildlife, so I appreciate the question.

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

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

01:23:37.960 --> 01:23:43.680
 purposes, a lot of Texas Parks and Wildlife's concerns is about habitat fragmentation.

01:23:43.680 --> 01:23:48.640
 So the component here is putting this road along an area that's already been divided,

01:23:48.640 --> 01:23:52.760
 we're not increasing any habitat fragmentation as opposed to say, hypothetically, putting

01:23:52.760 --> 01:23:57.120
 a road through the middle of it and dividing it into separate tracks.

01:23:57.120 --> 01:24:03.340
 So the project as designed would limit the amount of impacts to these wildlife species

01:24:03.340 --> 01:24:06.040
 by not creating more edge.

01:24:06.040 --> 01:24:14.960
 The other thing to bring up is what Amy already discussed was the species diversity associated

01:24:14.960 --> 01:24:18.280
 with privet dominated forests is very low.

01:24:18.280 --> 01:24:24.200
 It's pushing out the native vegetation, the diverse vegetation, so the actual food sources

01:24:24.200 --> 01:24:26.580
 for the wildlife is minimal.

01:24:26.580 --> 01:24:34.480
 So there is lots of literature out there that these privet dominated woods really lack species

01:24:34.480 --> 01:24:37.600
 of, a variety of species that would occur.

01:24:37.600 --> 01:24:41.960
 So with the proposed project, we anticipate a lot of the native species coming back into

01:24:41.960 --> 01:24:46.280
 these woods.

01:24:46.280 --> 01:24:49.920
 Any questions?

01:24:49.920 --> 01:24:51.840
 Commissioner Dyer.

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

01:24:58.280 --> 01:25:00.120
 required to do.

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

01:25:05.740 --> 01:25:13.280
 at a satellite view of this area and there's a lot of trees in there.

01:25:13.280 --> 01:25:15.880
 I don't think it's all in the ESA.

01:25:15.880 --> 01:25:19.760
 I think that's probably in your buildable area.

01:25:19.760 --> 01:25:27.000
 But are you trying in that ESA to really, I just feel like sometimes developers just

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.

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.

01:25:38.080 --> 01:25:40.280
 It's very hard to get that back.

01:25:40.280 --> 01:25:41.280
 Absolutely.

01:25:41.280 --> 01:25:44.720
 So I did go ahead and share a slide.

01:25:44.720 --> 01:25:47.000
 I don't know if you guys can see it on your screens or not.

01:25:47.000 --> 01:25:50.400
 Can you see the slide that I have shared?

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,

01:25:57.880 --> 01:26:03.940
 we have taken the original site plan and that building that's in the northeast corner.

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

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.

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

01:26:21.440 --> 01:26:25.960
 as much of the tree stand in the northwest corner as possible.

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

01:26:32.880 --> 01:26:34.760
 of it can be preserved as well.

01:26:34.760 --> 01:26:39.960
 So the buildings really were placed in the locations that allowed us to preserve as many

01:26:39.960 --> 01:26:40.960
 trees as possible.

01:26:40.960 --> 01:26:41.960
 So is that a question?

01:26:41.960 --> 01:26:42.960
 Thank you.

01:26:42.960 --> 01:26:45.560
 I, for one, really appreciate that, so thank you.

01:26:45.560 --> 01:26:46.560
 Absolutely.

01:26:46.560 --> 01:26:47.560
 Okay.

01:26:47.560 --> 01:26:48.560
 Any other questions?

01:26:48.560 --> 01:26:49.560
 Commissioner MacDuff?

01:26:49.560 --> 01:26:52.480
 I just have a comment.

01:26:52.480 --> 01:26:54.520
 Hi, Amy.

01:26:54.520 --> 01:26:59.360
 You had me at privet removal.

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

01:27:06.920 --> 01:27:08.880
 those additional comments.

01:27:08.880 --> 01:27:10.880
 Thank you.

01:27:10.880 --> 01:27:11.880
 Thank you, Amy.

01:27:11.880 --> 01:27:13.720
 So this is a public hearing.

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

01:27:18.720 --> 01:27:21.520
 speak on this item may come down and speak.

01:27:21.520 --> 01:27:26.400
 Just have to fill out a card afterwards.

01:27:26.400 --> 01:27:33.560
 Seeing no sudden motions, I will close the public hearing.

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

01:27:38.520 --> 01:27:39.520
 that.

01:27:39.520 --> 01:27:40.520
 Commissioner Riggs?

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

01:27:47.840 --> 01:27:51.400
 bats or anything over there.

01:27:51.400 --> 01:27:53.440
 And Commissioner MacDuff?

01:27:53.440 --> 01:27:56.080
 I'll make a second for that motion.

01:27:56.080 --> 01:28:00.800
 That motion is approved by staff.

01:28:00.800 --> 01:28:02.240
 Commissioner Dyer, you're still on the board.

01:28:02.240 --> 01:28:05.080
 Are there any questions or comments you'd like to make?

01:28:05.080 --> 01:28:06.080
 No.

01:28:06.080 --> 01:28:07.080
 Okay.

01:28:07.080 --> 01:28:08.080
 Sorry.

01:28:08.080 --> 01:28:09.080
 I didn't get erased.

01:28:09.080 --> 01:28:10.080
 I didn't know.

01:28:10.080 --> 01:28:11.080
 All right.

01:28:11.080 --> 01:28:15.200
 I forget, Suge, too, sometimes.

01:28:15.200 --> 01:28:16.560
 Okay.

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.

01:28:28.720 --> 01:28:30.720
 That item passes 5-0.

01:28:30.720 --> 01:28:52.200
 It brings us to our -- excuse me -- our second public hearing, 5B, MPA 24-0003.

01:28:52.200 --> 01:29:12.240
 Good evening, Chair and commissioners.

01:29:12.240 --> 01:29:16.960
 My name is Sahar Esfandiari, Senior Transportation Planner, Transportation Services.

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

01:29:23.360 --> 01:29:25.640
 Street.

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,

01:29:32.800 --> 01:29:40.600
 the portion that we have studied is from North Texas Boulevard to South Carroll Boulevard

01:29:40.600 --> 01:29:42.520
 to the east.

01:29:42.520 --> 01:29:46.960
 For the Wiltshire Street is between Eagle Drive to the south and West Oak Street to

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

01:29:53.520 --> 01:29:55.520
 the north.

01:29:55.520 --> 01:30:04.400
 Also the mobility plan amendment for 2022 identified these roads as secondary arterials.

01:30:04.400 --> 01:30:12.400
 So the request is to modifying these roadways functional classification to collector.

01:30:12.400 --> 01:30:20.080
 As I mentioned, the mobility plan identified those as secondary arterials, which means

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

01:30:27.280 --> 01:30:30.280
 35 to 40 miles per hour.

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

01:30:39.120 --> 01:30:42.080
 falls into the criteria of a collector.

01:30:42.080 --> 01:30:48.980
 So staff recommends to keep the existing width of these roads for the following reasons.

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,

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.

01:31:02.240 --> 01:31:08.240
 And this is a fully developed area with all the university buildings, facilities, parking

01:31:08.240 --> 01:31:13.960
 slots, apartments, and also a huge cemetery on Eagle Drive.

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,

01:31:22.160 --> 01:31:28.160
 UNT, which is going to be a huge burden financially for the city.

01:31:28.160 --> 01:31:31.900
 Also and the most important reason is safety.

01:31:31.900 --> 01:31:43.420
 As you know, these roads are having very heavy foot traffic and very pedestrian focused areas.

01:31:43.420 --> 01:31:51.240
 By keeping these roads as a collector, we can maintain them under the safety speed limit,

01:31:51.240 --> 01:31:54.440
 which is between 30 to 35 miles per hour.

01:31:54.440 --> 01:32:01.480
 And we can maintain the roads safe for all road users.

01:32:01.480 --> 01:32:06.920
 So this proposal meets the criteria for approval, especially regarding to the future land use

01:32:06.920 --> 01:32:08.640
 and mobility plan.

01:32:08.640 --> 01:32:13.400
 We have done the public outreach criteria for this request.

01:32:13.400 --> 01:32:18.360
 We had in-person meeting and virtual meeting with the community.

01:32:18.360 --> 01:32:24.760
 Also we had newspaper ad, website announcement, property signs, and we mailed notices to 200

01:32:24.760 --> 01:32:28.360
 and 500 feet buffer around the target roads.

01:32:28.360 --> 01:32:33.280
 We have received one letter in favor of this request.

01:32:33.280 --> 01:32:39.000
 So staff recommends approval of the proposal as it complies with the criteria in section

01:32:39.000 --> 01:32:44.960
 271D of the DDC for approval of a comprehensive plan amendment.

01:32:44.960 --> 01:32:45.960
 Thank you.

01:32:45.960 --> 01:32:46.960
 Questions?

01:32:46.960 --> 01:32:47.960
 >> Thank you.

01:32:47.960 --> 01:32:48.960
 Commissioner Riggs.

01:32:48.960 --> 01:32:53.640
 >> Yeah, so Sahar, thank you for that.

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.

01:33:00.200 --> 01:33:05.640
 Do you see any traffic movement issues by doing that?

01:33:05.640 --> 01:33:10.520
 >> We have the numbers of the traffic, Chandra, a traffic engineer has the numbers.

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,

01:33:15.320 --> 01:33:19.220
 especially on the Eagle Drive, which has the most traffic movement.

01:33:19.220 --> 01:33:21.240
 The concern should be that.

01:33:21.240 --> 01:33:25.800
 But at the same time, we are considering, as I mentioned, because there are lots of

01:33:25.800 --> 01:33:33.220
 parking lots and apartments on the both sides of these roads, and very pedestrian activities

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

01:33:39.680 --> 01:33:45.960
 make sure that there is a safe zone for the crossing pedestrians on the roads.

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

01:33:51.440 --> 01:33:52.440
 like that.

01:33:52.440 --> 01:33:53.440
 So thank you.

01:33:53.440 --> 01:33:57.280
 >> No, the numbers are okay with the traffic movements, yes.

01:33:57.280 --> 01:34:00.640
 Thank you.

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

01:34:09.000 --> 01:34:12.000
 to a secondary arterial to back to a collector?

01:34:12.000 --> 01:34:19.400
 >> So, the decision for the secondary arterial happened when the mobility plan approved back

01:34:19.400 --> 01:34:21.320
 in 2022.

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.

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

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

01:34:40.960 --> 01:34:42.200
 so far.

01:34:42.200 --> 01:34:47.800
 Right now, transportation services has enough staff to focus on the roads and the needs

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

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

01:34:57.600 --> 01:35:01.680
 of the UNT campus and safety, which is our major priority.

01:35:01.680 --> 01:35:08.760
 Therefore, after the closed study on these roads especially, and you know that the, you

01:35:08.760 --> 01:35:14.240
 know, constructions are happening, which we have on Welsh, and the road diet that we had

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

01:35:20.160 --> 01:35:25.920
 a better decision for all Denton, especially people and especially the pedestrian who use

01:35:25.920 --> 01:35:27.800
 these roads and crossing those.

01:35:27.800 --> 01:35:28.800
 >> Okay.

01:35:28.800 --> 01:35:29.800
 Thank you.

01:35:29.800 --> 01:35:30.800
 >> Yeah.

01:35:30.800 --> 01:35:31.800
 Thank you.

01:35:31.800 --> 01:35:38.640
 Any other questions for staff initially?

01:35:38.640 --> 01:35:39.640
 This is a public hearing.

01:35:39.640 --> 01:35:41.440
 I will open the public hearing.

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

01:35:48.680 --> 01:35:55.840
 like to comment, you're more than welcome to.

01:35:55.840 --> 01:35:57.920
 Not seeing anyone coming down.

01:35:57.920 --> 01:35:59.960
 I will close the public hearing.

01:35:59.960 --> 01:36:08.240
 Yeah, I'll just say I never really understood why we reclassified this section of Eagle

01:36:08.240 --> 01:36:10.900
 to a secondary arterial.

01:36:10.900 --> 01:36:13.200
 I think it functions as a collector.

01:36:13.200 --> 01:36:16.620
 It will be fine.

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

01:36:24.640 --> 01:36:30.240
 collectors and fewer six-plus lane roads around town anyway.

01:36:30.240 --> 01:36:37.520
 I think people don't get quite as mad and we wave to each other then.

01:36:37.520 --> 01:36:38.520
 Commissioner McDuff.

01:36:38.520 --> 01:36:41.600
 >> Yeah, I just want to say this.

01:36:41.600 --> 01:36:48.800
 Going back to the collector from the recommendation of the secondary arterial, I think this recognizes

01:36:48.800 --> 01:36:56.200
 too the complexity of the traffic around the university community and the pedestrian, the

01:36:56.200 --> 01:36:59.320
 business, all those types of things.

01:36:59.320 --> 01:37:03.800
 So I agree with this recommendation.

01:37:03.800 --> 01:37:06.640
 Thank you.

01:37:06.640 --> 01:37:07.640
 >> Commissioner Riggs.

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

01:37:16.920 --> 01:37:22.280
 McDuff and I make a motion to approve as presented by staff.

01:37:22.280 --> 01:37:23.280
 >> Commissioner Dyer.

01:37:23.280 --> 01:37:27.320
 >> I also agree so I'd like to second that motion.

01:37:27.320 --> 01:37:28.720
 >> Okay.

01:37:28.720 --> 01:37:33.320
 Any other questions or comments, discussion?

01:37:33.320 --> 01:37:42.120
 Seeing none, I'll call for a vote on the board.

01:37:42.120 --> 01:37:43.800
 That item passes 5-0.

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

01:37:52.080 --> 01:37:54.960
 your presentation, Ashley.

01:37:54.960 --> 01:38:01.400
 This is item 5C, PD25-0002.

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

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

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.

01:38:20.400 --> 01:38:24.040
 So be ready to identify yourselves once we get to the public hearing, I'll ask.

01:38:24.040 --> 01:38:25.040
 Thank you.

01:38:25.040 --> 01:38:26.040
 Go ahead.

01:38:26.040 --> 01:38:27.040
 Thank you.

01:38:27.040 --> 01:38:31.680
 >> Good evening, Chair, members of the commission, Ashley Eckstead, associate planner.

01:38:31.680 --> 01:38:36.360
 This is PD25-2415, East University.

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

01:38:42.120 --> 01:38:46.280
 of Bell Avenue to a PD overlay with an R7-based zoning district.

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

01:38:51.480 --> 01:38:52.860
 on the bottom right.

01:38:52.860 --> 01:38:56.960
 The property was previously developed as a church with the properties to the north.

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.

01:39:02.480 --> 01:39:07.640
 Some zoning history on the property, the zoning was based on previously unplatted parcel lines,

01:39:07.640 --> 01:39:10.200
 which were the boundaries for several decades.

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

01:39:17.480 --> 01:39:19.020
 the current zoning.

01:39:19.020 --> 01:39:25.020
 And then pre-2002, the portion along University was zoned MF1, multifamily one, and single

01:39:25.020 --> 01:39:29.280
 family seven on the portion on the rear of the property.

01:39:29.280 --> 01:39:33.000
 This is an overlay PD, which is different from a standard PD.

01:39:33.000 --> 01:39:37.640
 An overlay PD is used to address concerns of the neighborhood and ensure compatibility

01:39:37.640 --> 01:39:40.640
 with surrounding neighborhoods or less intensive uses.

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

01:39:45.280 --> 01:39:49.680
 to modify setbacks, landscaping, and buffering requirements with those less intensive land

01:39:49.680 --> 01:39:52.040
 uses.

01:39:52.040 --> 01:39:55.800
 The criteria for approval are outlined in DDC subchapter two.

01:39:55.800 --> 01:40:00.400
 This new PD would be subject to the R7 development standards of the DDC.

01:40:00.400 --> 01:40:04.560
 It does minimize adverse impacts on surrounding property by restricting the building size

01:40:04.560 --> 01:40:08.640
 and height, adding additional setbacks for buildings and dumpsters, and limiting the

01:40:08.640 --> 01:40:10.620
 number of residential units.

01:40:10.620 --> 01:40:15.460
 It also would require additional landscape buffering if the developing use was multifamily,

01:40:15.460 --> 01:40:18.900
 and it adds hours of operation for most commercial uses.

01:40:18.900 --> 01:40:25.240
 It does comply with the future land use designation and other goals of the comprehensive plan.

01:40:25.240 --> 01:40:30.000
 It is in compliance with the Denton 2040 plan, the future land use is neighborhood university

01:40:30.000 --> 01:40:32.000
 compatibility area.

01:40:32.000 --> 01:40:36.280
 This future land use does apply to areas that are in close proximity to the university,

01:40:36.280 --> 01:40:38.920
 typically abutting single family neighborhoods.

01:40:38.920 --> 01:40:43.360
 As the universities increase in enrollment, they will require additional commercial uses

01:40:43.360 --> 01:40:44.800
 and student housing.

01:40:44.800 --> 01:40:50.480
 So this designation aims to create compatible land forms and land uses that serve the neighborhoods

01:40:50.480 --> 01:40:52.440
 and the universities.

01:40:52.440 --> 01:40:56.640
 It is also complies with other areas of our comprehensive plan, such as growing compactly

01:40:56.640 --> 01:41:02.800
 through infill development, redevelopment of key corridors, of which 380 is one, protecting

01:41:02.800 --> 01:41:06.440
 Denton's historic character through thoughtful integration of new development, and designing

01:41:06.440 --> 01:41:11.360
 a fiscally advantageous land use pattern.

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

01:41:17.560 --> 01:41:20.440
 standards beyond what R7 requires.

01:41:20.440 --> 01:41:24.720
 The building setbacks will be 30 feet from the Bell Avenue historic district, and then

01:41:24.720 --> 01:41:28.080
 10 feet from the residential and mixed use zoning districts.

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

01:41:32.240 --> 01:41:33.240
 those setbacks.

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

01:41:37.880 --> 01:41:42.440
 an additional 10 point of landscape buffer with the developing multifamily use adjacent

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

01:41:47.440 --> 01:41:51.160
 Table 7G.

01:41:51.160 --> 01:41:54.680
 Additionally it will restrict the building size to 10,000 square feet of gross floor

01:41:54.680 --> 01:41:55.680
 area.

01:41:55.680 --> 01:41:58.160
 These images show what a two story building would look like.

01:41:58.160 --> 01:42:03.080
 It would be approximately a 5,000 building footprint that is shown here on the left,

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

01:42:07.000 --> 01:42:09.680
 a one story building on this property.

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

01:42:15.100 --> 01:42:17.960
 are not permitted.

01:42:17.960 --> 01:42:20.280
 It also imposes hours of operation.

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

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

01:42:30.080 --> 01:42:35.680
 Avenue historic district, and this red area on the screen shows the approximate location

01:42:35.680 --> 01:42:40.880
 where the dumpster could be placed within those setbacks.

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.

01:42:44.760 --> 01:42:49.760
 They did remove some uses from their base R7 zoning district and also added some uses

01:42:49.760 --> 01:42:54.600
 that would not generally be permitted in R7 zoning.

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

01:42:58.560 --> 01:43:00.640
 to everyone within 500 feet.

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

01:43:04.880 --> 01:43:10.520
 for a total of 12.52% of properties within 200 feet of the subject property.

01:43:10.520 --> 01:43:12.840
 We did not receive any responses in favor.

01:43:12.840 --> 01:43:20.420
 Additionally, the applicant held four neighborhood meetings, two in 2024 and two in 2025.

01:43:20.420 --> 01:43:24.120
 Staff does recommend approval of this request as it complies with the criteria for approval,

01:43:24.120 --> 01:43:28.320
 and the next step is tentatively scheduled for city council on September 16th.

01:43:28.320 --> 01:43:36.160
 I'm happy to answer any questions, and the applicant also has a presentation.

01:43:36.160 --> 01:43:43.200
 Any questions for staff before we get into the hearing?

01:43:43.200 --> 01:43:44.200
 Commissioner Riggs?

01:43:44.200 --> 01:43:48.640
 So with the current zoning, what type of uses could be placed there now?

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

01:43:53.040 --> 01:43:55.400
 would depend how they wanted to develop it.

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

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

01:44:04.920 --> 01:44:06.400
 within SUP and R7.

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

01:44:10.760 --> 01:44:14.840
 development plans for any portion along the front.

01:44:14.840 --> 01:44:19.480
 So I guess, let me ask more specifically, would an apartment complex or something like

01:44:19.480 --> 01:44:22.200
 that be permitted under current zoning?

01:44:22.200 --> 01:44:28.760
 In the MN portion, by right, yes.

01:44:28.760 --> 01:44:31.200
 Commissioner Dyer?

01:44:31.200 --> 01:44:37.720
 So if the owner developer puts a apartment complex, is this needed for the university?

01:44:37.720 --> 01:44:40.720
 Do they not have enough housing, number one?

01:44:40.720 --> 01:44:46.280
 And then number two, since it touches the Bell Historic community, would there be any

01:44:46.280 --> 01:44:54.240
 sort of requirements that when they design the building that they make it look like it

01:44:54.240 --> 01:44:58.400
 fits in historically, that they kind of go old school with it?

01:44:58.400 --> 01:44:59.400
 Sure.

01:44:59.400 --> 01:45:03.000
 The Bell Avenue Historic District does have architectural requirements, but they only

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.

01:45:07.800 --> 01:45:11.640
 And then for as far as housing for students, typically the universities do not build enough

01:45:11.640 --> 01:45:13.240
 housing for their students.

01:45:13.240 --> 01:45:21.000
 So these properties that are adjacent to the university are needed for student housing.

01:45:21.000 --> 01:45:26.400
 I guess just a couple, Commissioner McDuff, do you have any questions?

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

01:45:33.340 --> 01:45:34.340
 in my email.

01:45:34.340 --> 01:45:37.640
 I wanted to make sure I was familiar with this.

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

01:45:43.760 --> 01:45:49.360
 approval criteria, and it says number five, in the case of proposed residential development,

01:45:49.360 --> 01:45:54.000
 development will promote compatible buildings and uses, and it will be compatible with the

01:45:54.000 --> 01:45:56.640
 character of the surrounding area.

01:45:56.640 --> 01:46:05.120
 My interpretation is it would take on the historical Bell Avenue neighborhood.

01:46:05.120 --> 01:46:11.880
 So it would prohibit some types of buildings and structure, I believe.

01:46:11.880 --> 01:46:12.880
 That's my interpretation.

01:46:12.880 --> 01:46:13.880
 Sure.

01:46:13.880 --> 01:46:14.960
 And so they have done that.

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

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.

01:46:25.880 --> 01:46:29.360
 So they have tried to adjust the compatibility with the surrounding development with the

01:46:29.360 --> 01:46:39.000
 size and scale, and then also additional buffering.

01:46:39.000 --> 01:46:43.400
 Just a couple questions, and then we can get to the hearing.

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

01:46:48.640 --> 01:46:49.960
 multi-family development.

01:46:49.960 --> 01:46:50.960
 Is that correct?

01:46:50.960 --> 01:46:51.960
 Yes.

01:46:51.960 --> 01:46:52.960
 Okay.

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

01:46:57.040 --> 01:47:00.080
 within the neighborhood compatibility area.

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.

01:47:06.080 --> 01:47:10.280
 What types of zoning districts are compatible with that compatibility area, since that's

01:47:10.280 --> 01:47:14.560
 kind of a rarer definition that we look at?

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

01:47:20.200 --> 01:47:25.040
 is typically a zoning district that we see within this future land use designation.

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,

01:47:31.680 --> 01:47:32.920
 right?

01:47:32.920 --> 01:47:33.920
 Mm-hmm.

01:47:33.920 --> 01:47:34.920
 Okay.

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

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

01:47:53.320 --> 01:47:58.880
 by right in some configuration, might look different than what the proposal is.

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.

01:48:04.680 --> 01:48:06.640
 Is that a correct interpretation?

01:48:06.640 --> 01:48:07.640
 Correct.

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

01:48:11.760 --> 01:48:15.720
 to three stories, and we have other areas of the code that would assist with developing

01:48:15.720 --> 01:48:17.240
 on infill sites.

01:48:17.240 --> 01:48:21.200
 So they could develop a large portion of, or not a large portion, a significant portion

01:48:21.200 --> 01:48:24.560
 of multi-family on that smaller lot if that is what they wanted to pursue.

01:48:24.560 --> 01:48:25.560
 Okay.

01:48:25.560 --> 01:48:26.560
 Thank you.

01:48:26.560 --> 01:48:27.560
 Commissioner Dyer?

01:48:27.560 --> 01:48:36.640
 A couple things, piggybacking off of Commissioner McDuff, Ken, were she saying it looks like

01:48:36.640 --> 01:48:40.880
 you have to still build compatible to the neighboring community?

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

01:48:47.600 --> 01:48:52.280
 the building, the structure look like it historically fits in?

01:48:52.280 --> 01:48:54.760
 We could not require it today.

01:48:54.760 --> 01:48:58.400
 We cannot require that of properties outside of the historic district.

01:48:58.400 --> 01:49:00.520
 Not even with a conditional?

01:49:00.520 --> 01:49:04.440
 If it was added to the PD, we could require it, yes.

01:49:04.440 --> 01:49:05.440
 Okay.

01:49:05.440 --> 01:49:11.000
 The question is, if they put multi-family, if they put in housing apartments for the

01:49:11.000 --> 01:49:14.820
 students, is there enough space to put in enough parking?

01:49:14.820 --> 01:49:17.360
 We have not, so we have not reviewed any site plans yet.

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

01:49:21.680 --> 01:49:22.680
 be that many units.

01:49:22.680 --> 01:49:27.120
 They would need to be able to provide enough parking, landscaping, tree canopy, tree preservation,

01:49:27.120 --> 01:49:29.720
 open space, all of our other DDC requirements.

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.

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

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.

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

01:49:46.560 --> 01:49:48.760
 be able to build 18 units.

01:49:48.760 --> 01:49:52.000
 The parking would need to be met.

01:49:52.000 --> 01:49:53.000
 Okay.

01:49:53.000 --> 01:50:00.960
 Commissioner Riggs, sorry, Riggs.

01:50:00.960 --> 01:50:05.320
 So thanks, Ashley, and I understand this is kind of like we're just basically approving

01:50:05.320 --> 01:50:11.200
 zoning, so the site plan, everything has not been fleshed out yet, and that would obviously

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.

01:50:17.240 --> 01:50:19.720
 I want to make sure I understand properly.

01:50:19.720 --> 01:50:23.560
 Under the current zoning, they could build up to a three-story structure?

01:50:23.560 --> 01:50:28.560
 Yes, the maximum height is 40 feet in all three of the zoning districts around here,

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

01:50:33.560 --> 01:50:35.840
 height, typically a three-story building.

01:50:35.840 --> 01:50:42.400
 So if we were to recommend this, then it would essentially restrict a three-story building

01:50:42.400 --> 01:50:45.160
 from going in and reduce it to a two-story building?

01:50:45.160 --> 01:50:46.160
 Correct, yes.

01:50:46.160 --> 01:50:47.160
 Okay.

01:50:47.160 --> 01:50:48.160
 Thank you.

01:50:48.160 --> 01:50:49.160
 Okay.

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,

01:51:01.920 --> 01:51:06.240
 and sorry, is that Carl?

01:51:06.240 --> 01:51:08.280
 Sharon.

01:51:08.280 --> 01:51:19.960
 Thank you.

01:51:19.960 --> 01:51:20.960
 Good evening.

01:51:20.960 --> 01:51:22.560
 Please state your name and address, and you'll have ...

01:51:22.560 --> 01:51:26.840
 Lee Ellison, 2415 North Elm Street, Denton, Texas.

01:51:26.840 --> 01:51:29.080
 I'm with Ellison Engineering Group.

01:51:29.080 --> 01:51:33.120
 With me tonight also is Carl Sharar, the owner of the property.

01:51:33.120 --> 01:51:38.040
 Staff has given you an excellent staff report, particularly if you look into the body of

01:51:38.040 --> 01:51:41.800
 your backup material, and they did a good job in summarizing it.

01:51:41.800 --> 01:51:45.400
 I'll try and go quickly over and not repeat too much.

01:51:45.400 --> 01:51:50.400
 Basically, as you can see, this site is divided into three zoning categories.

01:51:50.400 --> 01:51:52.680
 Split zoning is not a great thing to do.

01:51:52.680 --> 01:51:58.000
 I have worked on split zoning sites in the city before, and it's a nightmare.

01:51:58.000 --> 01:51:59.000
 Nobody wants that.

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

01:52:03.680 --> 01:52:07.280
 to a single point where it could be worth trying to develop.

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.

01:52:13.400 --> 01:52:15.560
 This is an aerial of the site.

01:52:15.560 --> 01:52:19.120
 You can see the lower part is the site that's under question.

01:52:19.120 --> 01:52:24.880
 The upper part was what was there before when the church still had facilities.

01:52:24.880 --> 01:52:26.960
 Carl purchased it from them.

01:52:26.960 --> 01:52:30.160
 He demolished the buildings.

01:52:30.160 --> 01:52:34.760
 He'll explain more why later, and then he replatted that.

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

01:52:40.160 --> 01:52:41.160
 to the south.

01:52:41.160 --> 01:52:43.680
 I'm still tempted to go backwards.

01:52:43.680 --> 01:52:47.360
 There's a copy of the plan that was approved by the city as on file.

01:52:47.360 --> 01:52:50.440
 The two residential lots have been sold.

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.

01:52:56.620 --> 01:53:01.800
 As indicated, this is in the neighborhood university compatibility area.

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

01:53:05.760 --> 01:53:08.120
 what a compatibility area is.

01:53:08.120 --> 01:53:11.800
 I'm not going to bother reading it at this time.

01:53:11.800 --> 01:53:16.400
 This is a larger view that shows the entire university and the compatibility areas around

01:53:16.400 --> 01:53:17.400
 them.

01:53:17.400 --> 01:53:21.360
 The compatibility areas too, I believe, needed to be something that was more likely to be

01:53:21.360 --> 01:53:23.320
 redeveloped over time.

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

01:53:28.720 --> 01:53:36.240
 a long time, the compatibility areas would not extend into that area.

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

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

01:53:48.400 --> 01:53:50.560
 properties.

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

01:53:58.040 --> 01:53:59.640
 of it.

01:53:59.640 --> 01:54:01.000
 It backs up to our site.

01:54:01.000 --> 01:54:02.920
 It runs north and south.

01:54:02.920 --> 01:54:09.480
 When we look at the street, University Drive, the pattern is running east and west.

01:54:09.480 --> 01:54:10.600
 It's mostly MN.

01:54:10.600 --> 01:54:13.080
 The blue area there is owned by the university.

01:54:13.080 --> 01:54:15.640
 It's also state property.

01:54:15.640 --> 01:54:20.920
 Bell Avenue is classified as a collector street in the city's mobility plan.

01:54:20.920 --> 01:54:22.920
 It's not quite built to standard yet.

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.

01:54:28.360 --> 01:54:35.600
 Of course, university is an arterial.

01:54:35.600 --> 01:54:38.080
 We held four neighborhood meetings.

01:54:38.080 --> 01:54:43.180
 My policy at Allison Engineering, they will always hold at least one neighborhood meeting

01:54:43.180 --> 01:54:46.600
 prior to even making an application to the city.

01:54:46.600 --> 01:54:51.120
 We want to start out really from scratch on a blank piece of paper.

01:54:51.120 --> 01:54:56.440
 We held one meeting in our office on August 22nd of 2004.

01:54:56.440 --> 01:54:57.440
 We didn't get very far.

01:54:57.440 --> 01:55:01.840
 We were presented with some information that there were other documents that may prohibit

01:55:01.840 --> 01:55:04.600
 the development of this site.

01:55:04.600 --> 01:55:05.920
 We paused.

01:55:05.920 --> 01:55:13.000
 We went back and consulted our title company as well as an independent real estate attorney,

01:55:13.000 --> 01:55:18.640
 Lance Van Zantz in the audience tonight if he has any questions for him regarding that.

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.

01:55:24.880 --> 01:55:29.320
 After that, we came back on November 19th and informed the neighborhood that we were

01:55:29.320 --> 01:55:30.320
 going to proceed.

01:55:30.320 --> 01:55:34.480
 We didn't see any inhibitions to developing the site.

01:55:34.480 --> 01:55:37.520
 We went ahead and prepared a zoning application and submitted it.

01:55:37.520 --> 01:55:40.680
 Again, at that time, it was based on MN.

01:55:40.680 --> 01:55:45.200
 We had another meeting on May the 1st at Emily Fowler Library.

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

01:55:52.080 --> 01:55:55.240
 address some of the neighborhood concerns.

01:55:55.240 --> 01:56:01.600
 Through that discussion, we went to where it would be R7 with an overlay.

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

01:56:07.840 --> 01:56:14.040
 much of what, pardon me, other things that were not wanted.

01:56:14.040 --> 01:56:22.240
 Some of the neighborhood concerns were raised were traffic being just how much there is.

01:56:22.240 --> 01:56:28.720
 There's a lot of traffic there with Bell as a collector, universities and arterial with

01:56:28.720 --> 01:56:33.360
 the development of the ETJ to the north and communities to the north, i.e.

01:56:33.360 --> 01:56:36.440
 Sanger, Pilot Point, and Aubrey.

01:56:36.440 --> 01:56:39.160
 The demands on these roads will increase.

01:56:39.160 --> 01:56:43.320
 These are things that need to be taken into consideration through the city's comprehensive

01:56:43.320 --> 01:56:47.720
 planning, thoroughfare planning, master planning, etc.

01:56:47.720 --> 01:56:49.560
 Same is true with pedestrian.

01:56:49.560 --> 01:56:53.560
 Somebody mentioned a concern of somebody jolting across the street, jaywalking and getting

01:56:53.560 --> 01:56:55.640
 hit and all that traffic.

01:56:55.640 --> 01:57:00.080
 That concern exists there today and exists all over town, even in downtown Sanger.

01:57:00.080 --> 01:57:05.400
 I mean, downtown Denton, I apologize for that profusely.

01:57:05.400 --> 01:57:11.240
 Again, that's something the city needs to work with with their planning, providing appropriate

01:57:11.240 --> 01:57:18.280
 pedestrian facilities, and then of course monitoring and watching things.

01:57:18.280 --> 01:57:22.360
 Someone mentioned that we might should have an on-site manager for multifamily.

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

01:57:26.880 --> 01:57:27.880
 they can't enforce it.

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

01:57:32.640 --> 01:57:33.640
 here.

01:57:33.640 --> 01:57:36.120
 The building size, we did limit it.

01:57:36.120 --> 01:57:43.900
 We did a concept plan to look at a balance of building size and parking spaces.

01:57:43.900 --> 01:57:49.680
 We did not look deeply at landscape requirements and tree preservation.

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

01:57:52.960 --> 01:57:59.080
 put some maximums there so everybody would have a good feeling for what mostly could

01:57:59.080 --> 01:58:00.080
 be there.

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

01:58:05.480 --> 01:58:07.500
 kind.

01:58:07.500 --> 01:58:10.040
 We did look at the number of multifamily units.

01:58:10.040 --> 01:58:13.960
 We based our analysis based on one-bedroom units.

01:58:13.960 --> 01:58:17.720
 Since those are the smallest, that gets the maximum number of actual units.

01:58:17.720 --> 01:58:19.840
 We balanced that with parking.

01:58:19.840 --> 01:58:24.000
 We had determined that 22 was the maximum that could go there.

01:58:24.000 --> 01:58:28.440
 We didn't think that much could actually get there because of the other constraints.

01:58:28.440 --> 01:58:33.800
 Then as requested, we did reduce it back to 18 units.

01:58:33.800 --> 01:58:39.360
 Tree removal, one neighbor indicated they were concerned that some trees had been removed.

01:58:39.360 --> 01:58:41.080
 They weren't supposed to be.

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.

01:58:47.680 --> 01:58:49.880
 It does have some trees to be removed.

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

01:58:56.040 --> 01:59:01.760
 tree removal list, but I have two copies of that application, that permit with me, and

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

01:59:05.640 --> 01:59:08.480
 sure things were done correctly.

01:59:08.480 --> 01:59:13.840
 Parking on Woodland Street, that's an issue around universities typically.

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

01:59:17.760 --> 01:59:19.840
 on the perimeter streets.

01:59:19.840 --> 01:59:21.920
 I don't know what the city can do about that.

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

01:59:26.960 --> 01:59:33.000
 to park there regardless and, of course, the property owners maybe get two free ones for

01:59:33.000 --> 01:59:34.000
 guests.

01:59:34.000 --> 01:59:41.240
 Outside lighting was brought up and we mentioned about the city's code related to lighting.

01:59:41.240 --> 01:59:45.200
 We looked at the facilities existing up and down the street.

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

01:59:54.160 --> 01:59:58.080
 acres and it has 4,600 square feet of living space.

01:59:58.080 --> 02:00:02.240
 I believe that's really a house with maybe garage apartments above it.

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.

02:00:09.320 --> 02:00:19.080
 Then we go to 0.29 acres at 7,600 square feet of living area.

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.

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

02:00:32.160 --> 02:00:33.160
 direction.

02:00:33.160 --> 02:00:36.160
 Again, it's going to be difficult to get that.

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

02:00:41.440 --> 02:00:46.320
 apartment could have been constructed, but for some reason they never proceeded with.

02:00:46.320 --> 02:00:50.680
 They might have waited until the codes changed because just taking a quick look, it does

02:00:50.680 --> 02:00:54.200
 not appear to me that any of these sites would meet today's parking standards.

02:00:54.200 --> 02:00:57.400
 There's not enough parking spaces on any of those.

02:00:57.400 --> 02:01:03.800
 Uh-oh, now what do I know?

02:01:03.800 --> 02:01:10.840
 Again, as I mentioned earlier, the zoning progressed from being an MN.

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

02:01:15.520 --> 02:01:16.520
 to wrap up.

02:01:16.520 --> 02:01:22.120
 - Okay, well, I'll go through with the zoning progression.

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

02:01:27.480 --> 02:01:30.360
 modified, including multifamily, elderly, et cetera.

02:01:30.360 --> 02:01:31.360
 Oh, boy.

02:01:31.360 --> 02:01:32.360
 Yeah.

02:01:32.360 --> 02:01:43.960
 - Yeah, I looked at the clock right when it started.

02:01:43.960 --> 02:01:48.560
 It was set at 20, right?

02:01:48.560 --> 02:01:50.280
 It's 10 for the applicant.

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.

02:01:59.080 --> 02:02:03.680
 - Well, these are ... - I'm sorry.

02:02:03.680 --> 02:02:05.520
 I was informed.

02:02:05.520 --> 02:02:11.160
 The entire group can have up to 20, so now I understand your question.

02:02:11.160 --> 02:02:12.920
 Yes.

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

02:02:17.760 --> 02:02:18.760
 owner.

02:02:18.760 --> 02:02:23.160
 - I'll still make it quick or try to.

02:02:23.160 --> 02:02:30.360
 These are the two items we added from MN that the neighbors were satisfied, desirable of,

02:02:30.360 --> 02:02:31.360
 apparently, we thought.

02:02:31.360 --> 02:02:36.280
 Then there was four items that are part of R7, but we modified them.

02:02:36.280 --> 02:02:38.440
 R7 requires an SUP for multifamily.

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

02:02:44.740 --> 02:02:47.720
 restrictions we were putting on there.

02:02:47.720 --> 02:02:52.000
 These are all the items we removed from R7, so it's greatly diminished.

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

02:02:55.960 --> 02:02:56.960
 the code.

02:02:56.960 --> 02:03:02.760
 These are the overlay restrictions that staff went over with you.

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

02:03:06.200 --> 02:03:10.560
 outdoor lighting should be directed downward at 90-degree angle to the ground.

02:03:10.560 --> 02:03:17.800
 No lighting should project directly upward.

02:03:17.800 --> 02:03:21.200
 We asked why an SUP for multifamily or why not have one.

02:03:21.200 --> 02:03:22.600
 It's a very small lot.

02:03:22.600 --> 02:03:26.980
 There are city adjacency requirements related to single-family residential.

02:03:26.980 --> 02:03:31.840
 We put so many additional restrictions on there, and these were developed during multiple

02:03:31.840 --> 02:03:32.840
 meetings.

02:03:32.840 --> 02:03:40.360
 If the commission determines that an SUP is necessary for this development, then we're

02:03:40.360 --> 02:03:42.880
 willing to accept that if you want to recommend that.

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.

02:03:51.720 --> 02:03:54.680
 We look at SUP approval criteria.

02:03:54.680 --> 02:03:58.800
 Even now, we're already meeting that, so getting an SUP shouldn't be difficult.

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

02:04:03.720 --> 02:04:04.720
 criteria.

02:04:04.720 --> 02:04:10.700
 Then, Carl May, we want to continue briefly with his history with the site.

02:04:10.700 --> 02:04:11.700
 Thank you.

02:04:11.700 --> 02:04:12.700
 Go ahead.

02:04:12.700 --> 02:04:14.600
 Good evening, Chair and commissioners.

02:04:14.600 --> 02:04:19.200
 My name is Carl Lester Schera.

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.

02:04:26.640 --> 02:04:34.520
 We bought the property as part of a larger property, single property in 2021 that extended

02:04:34.520 --> 02:04:37.520
 from University Drive all the way to Woodland Street.

02:04:37.520 --> 02:04:43.840
 That property had two tax parcels on it, the north one and the south one.

02:04:43.840 --> 02:04:47.760
 On the north tax parcel, there were three buildings.

02:04:47.760 --> 02:04:54.360
 There was a church on the northeast part of that tax parcel, residents on the northwest

02:04:54.360 --> 02:05:00.920
 part and a storage building on the south, just next to the church.

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,

02:05:10.640 --> 02:05:18.040
 I smelled mold inside those two buildings, everywhere I went in those two buildings.

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

02:05:25.640 --> 02:05:33.940
 sagging severely, like a ceiling sags when it's had a bad roof leak.

02:05:33.940 --> 02:05:38.720
 The same was present over in the residents also in a hallway there.

02:05:38.720 --> 02:05:43.400
 The ceiling was sagging severely.

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

02:05:51.800 --> 02:06:00.760
 economically feasible to restore these buildings to safe for human occupancy or use.

02:06:00.760 --> 02:06:07.000
 So we also did asbestos surveys and found that asbestos was present in all three of

02:06:07.000 --> 02:06:08.220
 the buildings.

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

02:06:18.280 --> 02:06:22.360
 abatement and on the removal of the buildings.

02:06:22.360 --> 02:06:28.120
 It also included the tree protection and tree management plans.

02:06:28.120 --> 02:06:33.480
 Those buildings with the mold and the asbestos, they represented a significant environmental

02:06:33.480 --> 02:06:43.520
 liability, and Burbank House LLC has cleaned up that environmental liability.

02:06:43.520 --> 02:06:50.040
 And we now ask that you consider, and I'm confident that everyone here present tonight,

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

02:06:59.360 --> 02:07:08.160
 or environmentally and legally responsible development of 415 East University Drive as

02:07:08.160 --> 02:07:12.240
 advocated in the Denton 2040 plan.

02:07:12.240 --> 02:07:14.120
 Thank you.

02:07:14.120 --> 02:07:16.760
 Thank you.

02:07:16.760 --> 02:07:19.440
 Any questions for the applicant?

02:07:19.440 --> 02:07:20.440
 Commissioner Riggs?

02:07:20.440 --> 02:07:21.960
 Yeah, I have a question.

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

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

02:07:33.400 --> 02:07:36.720
 to be addressed, right, whether we change the zoning or not?

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

02:07:45.240 --> 02:07:53.500
 parcel, but I want to make sure that you understand my experience with the greater University

02:07:53.500 --> 02:08:01.720
 Baptist Church property, there have been some concerns voiced in some of the meetings, and

02:08:01.720 --> 02:08:05.660
 I want to make sure that you understand my experience with the property.

02:08:05.660 --> 02:08:07.480
 I appreciate that.

02:08:07.480 --> 02:08:10.920
 Thank you.

02:08:10.920 --> 02:08:15.000
 So thank you.

02:08:15.000 --> 02:08:19.440
 So this is a public hearing.

02:08:19.440 --> 02:08:24.760
 I will call that group request to speak.

02:08:24.760 --> 02:08:32.240
 This gives the representative a 10-minute time slot instead of the typical three minutes.

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

02:08:38.080 --> 02:08:39.080
 to take your name.

02:08:39.080 --> 02:08:40.080
 Okay.

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

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

02:08:52.400 --> 02:08:53.840
 them wrong.

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

02:08:59.240 --> 02:09:00.240
 for the secretary.

02:09:00.240 --> 02:09:03.720
 If I'm speaking for you, will you stand up, please?

02:09:03.720 --> 02:09:05.560
 Meg?

02:09:05.560 --> 02:09:06.560
 And then, yeah.

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.

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

02:09:15.900 --> 02:09:16.900
 yours.

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

02:09:25.000 --> 02:09:26.000
 in the back.

02:09:26.000 --> 02:09:27.000
 Okay.

02:09:27.000 --> 02:09:28.000
 Thank you.

02:09:28.000 --> 02:09:29.000
 I appreciate that.

02:09:29.000 --> 02:09:30.000
 Is that good?

02:09:30.000 --> 02:09:31.000
 Yes.

02:09:31.000 --> 02:09:35.360
 So you'll have 10 minutes to speak.

02:09:35.360 --> 02:09:36.360
 Thank you.

02:09:36.360 --> 02:09:37.360
 Thank you.

02:09:37.360 --> 02:09:38.720
 Hey, thank you, commissioners, for all that you do for us.

02:09:38.720 --> 02:09:39.720
 I'm Angie Stripling.

02:09:39.720 --> 02:09:43.560
 I live at 1815 North Bell and 1811 North Bell.

02:09:43.560 --> 02:09:49.280
 And I am in the historic district of Bell Avenue, and hopefully you received my email.

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

02:09:53.560 --> 02:09:54.560
 are there.

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

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

02:10:03.680 --> 02:10:04.680
 hearing.

02:10:04.680 --> 02:10:08.660
 I called staff in July, and I told them the sign was leaning.

02:10:08.660 --> 02:10:12.720
 It had been down ever since the end of July.

02:10:12.720 --> 02:10:16.200
 I took pictures until today.

02:10:16.200 --> 02:10:17.200
 Flat down.

02:10:17.200 --> 02:10:18.200
 You could not see it.

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.

02:10:21.840 --> 02:10:22.840
 There's no notice."

02:10:22.840 --> 02:10:23.840
 I said, "Oh, it's there.

02:10:23.840 --> 02:10:24.840
 It's down."

02:10:24.840 --> 02:10:28.840
 And then wouldn't you know, today it gets put up.

02:10:28.840 --> 02:10:31.000
 I think that's on purpose, guys.

02:10:31.000 --> 02:10:32.360
 That's not by mistake.

02:10:32.360 --> 02:10:33.360
 That's on purpose.

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

02:10:37.120 --> 02:10:38.320
 to continue with those.

02:10:38.320 --> 02:10:45.000
 You know the 200-foot zone where people can vote to force a super majority?

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

02:10:50.760 --> 02:10:52.120
 are deceased.

02:10:52.120 --> 02:10:57.720
 Two of those properties went to the former owner, not the current owner.

02:10:57.720 --> 02:10:59.640
 They never received it.

02:10:59.640 --> 02:11:05.480
 So how can your neighborhood, how can our citizens have fairness?

02:11:05.480 --> 02:11:11.560
 How can we uphold our neighborhoods when this type of things are going on?

02:11:11.560 --> 02:11:15.160
 And there is way more that I'm still going to tell you about.

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.

02:11:20.840 --> 02:11:24.720
 You know, you've asked some great questions about, "Hey, it's butting up against the

02:11:24.720 --> 02:11:26.720
 Bell Avenue Historic District.

02:11:26.720 --> 02:11:27.720
 What is that going to look like?"

02:11:27.720 --> 02:11:28.720
 Well, we don't know.

02:11:28.720 --> 02:11:30.280
 There's not a plan.

02:11:30.280 --> 02:11:34.720
 Because we just want to change the zoning, and let's cut to the chase, why?

02:11:34.720 --> 02:11:36.800
 We just want to make money.

02:11:36.800 --> 02:11:37.800
 That's it.

02:11:37.800 --> 02:11:39.280
 They want to make more money.

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,

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

02:11:50.640 --> 02:11:51.640
 building there."

02:11:51.640 --> 02:11:52.640
 It's not large enough.

02:11:52.640 --> 02:11:53.640
 They could.

02:11:53.640 --> 02:11:56.800
 So when they tell you, "Oh, we could," but guess what?

02:11:56.800 --> 02:12:01.520
 They wouldn't have parking because it would have to go into the R3.

02:12:01.520 --> 02:12:07.160
 This is where some of those facts that they're delivering us facts get cloudy.

02:12:07.160 --> 02:12:09.300
 And when you say, "Why was there patchwork?

02:12:09.300 --> 02:12:11.000
 Why does it look like this?"

02:12:11.000 --> 02:12:14.200
 That R7, when there was a church there, was to protect.

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

02:12:19.040 --> 02:12:20.040
 Street.

02:12:20.040 --> 02:12:22.720
 Those are all older homes.

02:12:22.720 --> 02:12:27.520
 And we talk about, "Hey, there's mold or sagging roofs."

02:12:27.520 --> 02:12:30.100
 We live in historic homes.

02:12:30.100 --> 02:12:32.040
 We deal with it every day.

02:12:32.040 --> 02:12:33.960
 We preserve it.

02:12:33.960 --> 02:12:36.560
 That church also had beautiful stained glass.

02:12:36.560 --> 02:12:38.320
 They failed to mention that.

02:12:38.320 --> 02:12:39.320
 It was beautiful.

02:12:39.320 --> 02:12:48.360
 And by the way, a church fits the development code, a church in neighborhoods.

02:12:48.360 --> 02:12:55.120
 In addition to that, they're talking about, "Hey, what's on the west?

02:12:55.120 --> 02:12:56.620
 What's to the east?

02:12:56.620 --> 02:12:58.280
 What looks at the development code?"

02:12:58.280 --> 02:13:01.760
 I asked staff to look up and look to the east.

02:13:01.760 --> 02:13:03.840
 Because you know what's at the east?

02:13:03.840 --> 02:13:05.400
 Single family.

02:13:05.400 --> 02:13:06.700
 You know what's next?

02:13:06.700 --> 02:13:07.840
 Single family.

02:13:07.840 --> 02:13:09.120
 You know what's next?

02:13:09.120 --> 02:13:10.360
 Single family.

02:13:10.360 --> 02:13:11.560
 You know what's next?

02:13:11.560 --> 02:13:12.560
 Single family.

02:13:12.560 --> 02:13:13.560
 Single family.

02:13:13.560 --> 02:13:14.560
 Single family.

02:13:14.560 --> 02:13:15.560
 Single family.

02:13:15.560 --> 02:13:16.560
 I think I got them all.

02:13:16.560 --> 02:13:17.560
 Maybe one more.

02:13:17.560 --> 02:13:18.560
 Single family.

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

02:13:24.880 --> 02:13:26.280
 for single family.

02:13:26.280 --> 02:13:31.320
 And I said, "Tell it to the blue house that the driveway is on University.

02:13:31.320 --> 02:13:33.520
 Tell that to all those houses there."

02:13:33.520 --> 02:13:38.000
 And yet, you come back and you want to put more traffic.

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

02:13:42.620 --> 02:13:44.880
 family there on University.

02:13:44.880 --> 02:13:46.560
 It makes no sense.

02:13:46.560 --> 02:13:49.280
 Now, as a neighborhood, did we meet?

02:13:49.280 --> 02:13:50.280
 We did.

02:13:50.280 --> 02:13:51.280
 We met.

02:13:51.280 --> 02:13:53.600
 And we tried to come to an agreement.

02:13:53.600 --> 02:13:56.040
 And some of these things are true.

02:13:56.040 --> 02:13:59.640
 But what is not true is that we never agreed to multi-family.

02:13:59.640 --> 02:14:00.640
 Sorry.

02:14:00.640 --> 02:14:01.640
 Mm-hmm.

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,

02:14:05.720 --> 02:14:07.840
 we'll be able to get it on the camera.

02:14:07.840 --> 02:14:09.680
 Thank you.

02:14:09.680 --> 02:14:11.640
 We did not agree to multi-family.

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

02:14:15.340 --> 02:14:19.880
 if you're in opposition of this zoning change?

02:14:19.880 --> 02:14:22.440
 Okay.

02:14:22.440 --> 02:14:25.920
 Those are people that live on Woodland and Bell.

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

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,

02:14:36.200 --> 02:14:37.200
 guess what you have to do?

02:14:37.200 --> 02:14:38.200
 You have to turn right.

02:14:38.200 --> 02:14:39.880
 Guess where you're going to turn again?

02:14:39.880 --> 02:14:41.360
 You're going to turn right again.

02:14:41.360 --> 02:14:43.440
 Then guess where you're going to turn right again?

02:14:43.440 --> 02:14:45.000
 On Woodland.

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.

02:14:50.480 --> 02:14:53.400
 And so, yes, we have a concern.

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

02:14:58.560 --> 02:15:00.300
 have that many units.

02:15:00.300 --> 02:15:02.440
 And they do have adequate parking.

02:15:02.440 --> 02:15:04.280
 And we've never had issues with that.

02:15:04.280 --> 02:15:07.040
 And right down from there, there are historic homes.

02:15:07.040 --> 02:15:18.460
 Yes, they have businesses in them, but they're historic homes.

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

02:15:24.800 --> 02:15:25.800
 University.

02:15:25.800 --> 02:15:29.600
 There are accidents there at too many to count.

02:15:29.600 --> 02:15:31.280
 And we're adding more and more traffic.

02:15:31.280 --> 02:15:32.760
 It makes no sense.

02:15:32.760 --> 02:15:36.640
 They also said, hey, we limited the number of units to 18.

02:15:36.640 --> 02:15:40.120
 What you didn't ask, how many bedrooms?

02:15:40.120 --> 02:15:46.400
 Because typically, if you are dealing with students, they rent by the room.

02:15:46.400 --> 02:15:50.880
 And if you rent by the room, you do not have enough parking.

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,

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

02:16:02.080 --> 02:16:06.640
 because the parking is 1.5 places.

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?

02:16:12.380 --> 02:16:15.200
 And we're concerned that it will go on Woodland.

02:16:15.200 --> 02:16:18.600
 The parking would be forced over to Woodland.

02:16:18.600 --> 02:16:20.480
 And Woodland is already saturated.

02:16:20.480 --> 02:16:25.820
 Once school is in session, it is saturated with students that are parking there to the

02:16:25.820 --> 02:16:30.680
 point we're having to call the police because only one vehicle can get by.

02:16:30.680 --> 02:16:34.640
 And now we're going to add more and more traffic to that.

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.

02:16:42.260 --> 02:16:46.640
 There are a lot of inconsistencies here, I've already mentioned some of them.

02:16:46.640 --> 02:16:48.960
 I don't have enough time to go through all of them.

02:16:48.960 --> 02:16:52.580
 But all I'm saying is these are words on paper.

02:16:52.580 --> 02:16:53.960
 There are facts.

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.

02:16:59.840 --> 02:17:00.840
 And it's okay.

02:17:00.840 --> 02:17:01.840
 We had a title company look at it.

02:17:01.840 --> 02:17:02.840
 It's okay.

02:17:02.840 --> 02:17:07.120
 Guys, anyone can get an attorney to say anything.

02:17:07.120 --> 02:17:09.880
 What we have to look at is what is legal?

02:17:09.880 --> 02:17:11.960
 What could be litigated?

02:17:11.960 --> 02:17:14.960
 And what do we need to stay away from?

02:17:14.960 --> 02:17:20.120
 I also ask you, and you've asked some great questions, especially about the historic district

02:17:20.120 --> 02:17:22.000
 and about the history.

02:17:22.000 --> 02:17:27.320
 The church that they tore down, they also have in their narrative about its infield.

02:17:27.320 --> 02:17:28.320
 It's infield.

02:17:28.320 --> 02:17:31.040
 Let me tell you, that was by design.

02:17:31.040 --> 02:17:33.800
 Tearing that church down and tearing the house down was by design.

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.

02:17:41.160 --> 02:17:43.240
 But again, it was on purpose.

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

02:17:50.080 --> 02:17:52.160
 -- we just want our neighborhood.

02:17:52.160 --> 02:17:54.880
 We want it quiet, just like it was.

02:17:54.880 --> 02:17:57.720
 People have lived there 20, 30, 40 years.

02:17:57.720 --> 02:18:01.080
 We were told that property would always be a church.

02:18:01.080 --> 02:18:03.240
 I personally was told that.

02:18:03.240 --> 02:18:06.120
 It would always be a church.

02:18:06.120 --> 02:18:14.800
 And then because of shenanigans that happened, poof, it's no longer, and it's sold.

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

02:18:21.240 --> 02:18:23.400
 passed away.

02:18:23.400 --> 02:18:24.800
 It is just like you.

02:18:24.800 --> 02:18:28.000
 If something happens to you, this is not inheritance.

02:18:28.000 --> 02:18:29.720
 It doesn't go to your family member.

02:18:29.720 --> 02:18:32.320
 It's the same way as a trustee.

02:18:32.320 --> 02:18:34.840
 That does not happen.

02:18:34.840 --> 02:18:38.160
 So there's a lot of things that we ask you to really consider.

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.

02:18:42.560 --> 02:18:44.840
 Do we care about the history?

02:18:44.840 --> 02:18:48.740
 Do we care about the history in the neighborhoods and what's bedding up against?

02:18:48.740 --> 02:18:55.960
 Also, if you look at this property, the same engineering company is representing another

02:18:55.960 --> 02:19:00.120
 property on Bell Avenue and University.

02:19:00.120 --> 02:19:04.480
 And so what it is doing is pushing out the Bell Avenue Historic District.

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

02:19:10.460 --> 02:19:16.720
 at Bellin University, and the only thing in between these two would be two homes.

02:19:16.720 --> 02:19:18.260
 Two.

02:19:18.260 --> 02:19:21.920
 How much longer before they're coming and saying, "We want to do away with this.

02:19:21.920 --> 02:19:24.520
 We want all of that to be commercial."

02:19:24.520 --> 02:19:27.720
 So do we care about history or do we not?

02:19:27.720 --> 02:19:29.960
 We'll be able to tell in your vote.

02:19:29.960 --> 02:19:35.080
 Thank you very much.

02:19:35.080 --> 02:19:36.760
 Angie I do have one question.

02:19:36.760 --> 02:19:40.360
 I just want to make sure I heard you correctly.

02:19:40.360 --> 02:19:45.240
 You mentioned the multifamily to the west of here, that fronts university.

02:19:45.240 --> 02:19:48.960
 I heard you say that you've never had any problems with that property.

02:19:48.960 --> 02:19:49.960
 Did I hear that correctly?

02:19:49.960 --> 02:19:54.680
 We don't have problems with that property, and in fact, those properties have for rent

02:19:54.680 --> 02:19:55.680
 signs up.

02:19:55.680 --> 02:20:00.360
 So when they're talking about that the university might need more student housing, they have

02:20:00.360 --> 02:20:01.360
 for rent.

02:20:01.360 --> 02:20:02.360
 Yeah.

02:20:02.360 --> 02:20:04.000
 Well, classes haven't quite started yet.

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,

02:20:13.640 --> 02:20:18.720
 but these immediately next door, if they were to be developed, you're very concerned about.

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

02:20:22.920 --> 02:20:23.920
 would be for you?

02:20:23.920 --> 02:20:24.920
 They have adequate parking.

02:20:24.920 --> 02:20:25.920
 Okay.

02:20:25.920 --> 02:20:26.920
 Thank you.

02:20:26.920 --> 02:20:27.920
 And they're quiet.

02:20:27.920 --> 02:20:28.920
 Yes.

02:20:28.920 --> 02:20:29.920
 Okay.

02:20:29.920 --> 02:20:35.780
 I have another card to speak.

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

02:20:43.640 --> 02:20:47.120
 three minutes to speak.

02:20:47.120 --> 02:20:48.120
 Thank you.

02:20:48.120 --> 02:20:49.120
 Chair and members.

02:20:49.120 --> 02:20:50.120
 My name is Mike Lavelle.

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,

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.

02:21:04.360 --> 02:21:08.080
 I suggest strongly that you leave it as is.

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

02:21:15.120 --> 02:21:18.680
 lot that we're talking about here this evening.

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

02:21:26.960 --> 02:21:30.360
 more parking spaces, more traffic.

02:21:30.360 --> 02:21:33.720
 We have a lot of problems with traffic here in Denton.

02:21:33.720 --> 02:21:39.760
 Discussion earlier tonight was about changing the way our roads are designed or stated.

02:21:39.760 --> 02:21:46.140
 You want to lower speeds because of traffic and pedestrian traffic.

02:21:46.140 --> 02:21:49.360
 This is what we're talking about here, too.

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.

02:21:55.560 --> 02:21:56.560
 Less traffic.

02:21:56.560 --> 02:22:01.040
 We need to find something that fits with the neighborhood more than the options that are

02:22:01.040 --> 02:22:05.320
 available if this change goes through.

02:22:05.320 --> 02:22:08.760
 Thank you for listening.

02:22:08.760 --> 02:22:09.760
 Thank you.

02:22:09.760 --> 02:22:18.880
 I also have a card for Miss Verena Laurel.

02:22:18.880 --> 02:22:22.840
 I defer to Angie.

02:22:22.840 --> 02:22:23.840
 Okay.

02:22:23.840 --> 02:22:24.840
 Very good.

02:22:24.840 --> 02:22:29.800
 I have another one for Miss Jean Hanson.

02:22:29.800 --> 02:22:33.480
 She'll state your name and address.

02:22:33.480 --> 02:22:34.480
 You'll have three minutes.

02:22:34.480 --> 02:22:35.480
 Thank you.

02:22:35.480 --> 02:22:36.480
 And try to pull that mic down.

02:22:36.480 --> 02:22:37.480
 Thank you.

02:22:37.480 --> 02:22:38.480
 Yes, I'm short.

02:22:38.480 --> 02:22:39.480
 I'm Jean Hanson.

02:22:39.480 --> 02:22:44.280
 I live at 300 Woodland Street, and thank you, commissioners, for letting us speak.

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

02:22:48.760 --> 02:22:53.480
 out by speaking what the current state is as I perceive it.

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

02:22:59.680 --> 02:23:02.640
 there early in the morning and I'm there late at night.

02:23:02.640 --> 02:23:08.040
 The current traffic that I see there, which is foot traffic, parents taking their children

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,

02:23:13.960 --> 02:23:19.020
 a teacher walking his dog, a couple walking their four dogs, three of which they foster,

02:23:19.020 --> 02:23:24.760
 a woman with a neck brace walking her dog, a man in a notarized wheelchair traversing

02:23:24.760 --> 02:23:25.760
 the area.

02:23:25.760 --> 02:23:28.040
 So these are things that I'm seeing every day.

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.

02:23:33.520 --> 02:23:37.240
 And there's a lot of car traffic as well.

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

02:23:42.600 --> 02:23:45.800
 off Sherman, they're driving at a speed, a Sherman speed.

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.

02:23:50.280 --> 02:23:52.640
 They hit a speed bump, they bounce.

02:23:52.640 --> 02:23:56.920
 I see the same thing happening with people on motorcycles, and it's very frightening

02:23:56.920 --> 02:23:57.920
 for me.

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

02:24:03.320 --> 02:24:07.600
 traffic, especially when I have kids that are under the age of four.

02:24:07.600 --> 02:24:14.800
 So when we talk about traffic, and you heard previously what's happening down on University

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,

02:24:21.280 --> 02:24:22.280
 I can't get through.

02:24:22.280 --> 02:24:23.280
 It's a single lane.

02:24:23.280 --> 02:24:24.280
 I've called the police.

02:24:24.280 --> 02:24:27.120
 I've called the non-emergency number and said, "What do you do?"

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

02:24:31.800 --> 02:24:32.800
 not a good driver.

02:24:32.800 --> 02:24:36.540
 Let's just put it right out there.

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

02:24:40.720 --> 02:24:42.720
 going east on University.

02:24:42.720 --> 02:24:45.600
 Well, what about if I were at Razor Ranch?

02:24:45.600 --> 02:24:50.680
 How would I get to my home at my apartment at 415 East University?

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.

02:24:54.760 --> 02:24:59.880
 Instead, I would go down to Lotus, take a left-hand turn.

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

02:25:04.560 --> 02:25:05.760
 on University.

02:25:05.760 --> 02:25:11.520
 I look at Woodland as being the easy access path to get to those units.

02:25:11.520 --> 02:25:15.080
 Already, we have too much traffic, and I believe that it's dangerous.

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

02:25:20.400 --> 02:25:21.400
 your vote.

02:25:21.400 --> 02:25:22.400
 Thank you.

02:25:22.400 --> 02:25:28.240
 I think we have a question for you, Gene, Commissioner Riggs.

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.

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

02:25:39.920 --> 02:25:44.760
 off at the Civic Center Pool, and then walk up to Old Main and visit him.

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

02:25:48.960 --> 02:25:54.960
 sped down Woodland, so I apologize.

02:25:54.960 --> 02:25:59.480
 I guess the question is more to staff.

02:25:59.480 --> 02:26:01.520
 Is there access to Woodland?

02:26:01.520 --> 02:26:03.080
 Is that a concern?

02:26:03.080 --> 02:26:07.820
 What kind of thoughts are there?

02:26:07.820 --> 02:26:12.200
 There is not access from this property to Woodland.

02:26:12.200 --> 02:26:15.800
 Concerning Woodland, we heard the concerns from Woodland in several of the neighborhood

02:26:15.800 --> 02:26:22.040
 meetings, and transportation is interested in no parking signs on Woodland.

02:26:22.040 --> 02:26:24.160
 They are going to do neighborhood outreach.

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

02:26:27.900 --> 02:26:28.900
 at all.

02:26:28.900 --> 02:26:31.880
 They are going to do neighborhood outreach on Woodland, and he expects they could have

02:26:31.880 --> 02:26:35.480
 this completed within eight to 10 weeks.

02:26:35.480 --> 02:26:40.120
 Is it fair to say that there would be no access to this property from Woodland?

02:26:40.120 --> 02:26:41.120
 Yes.

02:26:41.120 --> 02:26:42.120
 Okay.

02:26:42.120 --> 02:27:02.920
 Then the idea of this increasing traffic on Woodland would not be there.

02:27:02.920 --> 02:27:03.920
 Good evening, Chair and Commission.

02:27:03.920 --> 02:27:07.240
 Chandra Muruganandam, City Traffic Engineer.

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

02:27:12.720 --> 02:27:16.420
 show one, then it might not connect with the Woodland.

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

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.

02:27:28.320 --> 02:27:34.400
 But with the no parking request we got from the residents, irrespective of this development,

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.

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

02:27:51.880 --> 02:27:54.280
 traffic on Woodland?

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

02:27:59.320 --> 02:28:01.940
 any impact on the connection side.

02:28:01.940 --> 02:28:03.960
 But it's a public street.

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

02:28:11.080 --> 02:28:12.680
 be restrictive.

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

02:28:18.760 --> 02:28:22.360
 Woodland, is it?

02:28:22.360 --> 02:28:23.360
 I'm not sure.

02:28:23.360 --> 02:28:24.360
 I haven't seen the site plan.

02:28:24.360 --> 02:28:28.960
 I just returned back today, so I would defer to the planner.

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

02:28:32.560 --> 02:28:33.560
 to Woodland.

02:28:33.560 --> 02:28:34.560
 Okay.

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

02:28:37.240 --> 02:28:38.600
 family homes per the zoning.

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

02:28:42.560 --> 02:28:43.560
 within this PD.

02:28:43.560 --> 02:28:44.560
 Okay.

02:28:44.560 --> 02:28:45.560
 I think that's what I was looking for.

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

02:28:50.040 --> 02:28:53.660
 apartment access from Woodland, is essentially what you're saying, because these would be

02:28:53.660 --> 02:28:55.560
 single family lots to the north.

02:28:55.560 --> 02:28:56.560
 Okay.

02:28:56.560 --> 02:28:59.080
 Thank you.

02:28:59.080 --> 02:29:01.080
 Okay.

02:29:01.080 --> 02:29:08.400
 Next card I have to speak is Ernie Stripling.

02:29:08.400 --> 02:29:14.280
 If you'll state your name and address, you'll have three minutes.

02:29:14.280 --> 02:29:15.280
 Yes.

02:29:15.280 --> 02:29:16.280
 Thank you, Chairman Pruitt and commissioners.

02:29:16.280 --> 02:29:17.280
 My name is Ernie Stripling.

02:29:17.280 --> 02:29:22.200
 I live at 1815 North Bell, and I live at 1811 North Bell.

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

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

02:29:33.980 --> 02:29:35.600
 a church.

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

02:29:42.040 --> 02:29:49.800
 Church bought that lot for University Baptist Church back in 1951, 52.

02:29:49.800 --> 02:29:52.000
 That's what's on the deed.

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

02:29:58.400 --> 02:29:59.400
 their land.

02:29:59.400 --> 02:30:00.400
 That's not family land.

02:30:00.400 --> 02:30:01.400
 That was a church.

02:30:01.400 --> 02:30:07.840
 So rightfully, the church should have went back to Denton County Baptist Association.

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,

02:30:13.800 --> 02:30:19.320
 especially in town, and it would have been a perfect location for a church.

02:30:19.320 --> 02:30:26.960
 If you go back and look at the conservation district plan, Ashley, in the conservation

02:30:26.960 --> 02:30:36.160
 plan for Bell Avenue, there is nomenclature in there about that land being the church,

02:30:36.160 --> 02:30:41.760
 acknowledged it was a church, and it's a buffer zone for Bell Avenue.

02:30:41.760 --> 02:30:45.280
 So that's some more information there.

02:30:45.280 --> 02:30:49.560
 I'm sure y'all all entertain, you entertain at your home.

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

02:30:54.040 --> 02:30:58.200
 or if there's a no parking zone on Woodland, they can't park.

02:30:58.200 --> 02:31:01.640
 You can't entertain people because there'll be no parking signs.

02:31:01.640 --> 02:31:05.080
 So that's not very well thought out.

02:31:05.080 --> 02:31:07.200
 The other is traffic.

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.

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.

02:31:25.040 --> 02:31:32.640
 The plan, supposed plan that this owner has proposed, he doesn't have a plan.

02:31:32.640 --> 02:31:33.800
 Please understand that.

02:31:33.800 --> 02:31:38.720
 He does not have a plan, he's flipping the land, okay?

02:31:38.720 --> 02:31:42.620
 So whatever is built there is going to be on the next person.

02:31:42.620 --> 02:31:45.960
 So I just want you to keep that in mind, he didn't even live here.

02:31:45.960 --> 02:31:52.640
 So he just came in, swooped in, bought the land and wants to turn it.

02:31:52.640 --> 02:31:58.000
 I think, like I said, I'm gonna wrap this up.

02:31:58.000 --> 02:32:02.920
 There are houses up and down university right there that face university.

02:32:02.920 --> 02:32:07.960
 They just have not looked hard enough for someone to develop the land with the house

02:32:07.960 --> 02:32:09.280
 or houses.

02:32:09.280 --> 02:32:12.920
 So anyway, I thank you for your time, and I appreciate it.

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

02:32:19.300 --> 02:32:20.300
 one.

02:32:20.300 --> 02:32:21.300
 Thank you.

02:32:21.300 --> 02:32:22.300
 >> Okay.

02:32:22.300 --> 02:32:33.560
 I'm sorry, Commissioner Dyer, did you have a question for the speaker, Ernie?

02:32:33.560 --> 02:32:35.040
 >> I do for Ashley.

02:32:35.040 --> 02:32:42.000
 >> Okay, go ahead.

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

02:32:48.080 --> 02:32:52.680
 and that the deed was restricted to the property only being a church.

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

02:32:58.840 --> 02:33:03.360
 the deed requirements, if there's any restrictions on there or not?

02:33:03.360 --> 02:33:07.200
 >> Sure, so the city enforces zoning, so we do not enforce deed restrictions, and that

02:33:07.200 --> 02:33:10.000
 would be a civil matter if there were deed restrictions in place.

02:33:10.000 --> 02:33:12.380
 We have not seen any.

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

02:33:20.280 --> 02:33:25.200
 not gonna use it, what the deed restrictions are, that that's not the responsibility of

02:33:25.200 --> 02:33:27.000
 this board or the city?

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

02:33:33.480 --> 02:33:38.760
 the main thrust is that deed restrictions are a civil matter that need to be resolved

02:33:38.760 --> 02:33:40.600
 between civil parties and not the city.

02:33:40.600 --> 02:33:43.760
 >> So not city and not this board?

02:33:43.760 --> 02:33:45.840
 Thank you.

02:33:45.840 --> 02:33:51.720
 >> Thank you.

02:33:51.720 --> 02:33:52.720
 Commissioner McDuff?

02:33:52.720 --> 02:33:59.520
 >> Yes, I have a question for Mrs. Stripling.

02:33:59.520 --> 02:34:09.780
 >> Yes, ma'am.

02:34:09.780 --> 02:34:15.440
 >> One thing, or rather, could you delineate some of the other offices or boards that you

02:34:15.440 --> 02:34:18.320
 serve on?

02:34:18.320 --> 02:34:24.800
 My quick Googling this afternoon discovered you as chair of the Historic Landmark Commission.

02:34:24.800 --> 02:34:25.800
 >> Yes, ma'am.

02:34:25.800 --> 02:34:26.800
 I am.

02:34:26.800 --> 02:34:28.160
 >> Do you still serve in that role?

02:34:28.160 --> 02:34:29.160
 >> Yes, ma'am.

02:34:29.160 --> 02:34:30.160
 I do.

02:34:30.160 --> 02:34:36.400
 >> How does this impact, how does that role impact your role as a citizen, private citizen

02:34:36.400 --> 02:34:39.000
 and a homeowner?

02:34:39.000 --> 02:34:40.120
 >> Can you rephrase the question?

02:34:40.120 --> 02:34:41.120
 I'm not sure.

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

02:34:49.200 --> 02:34:51.960
 and a homeowner in historic?

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

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

02:35:00.960 --> 02:35:02.400
 Land Commission.

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

02:35:06.320 --> 02:35:09.880
 this, that share the property line with this.

02:35:09.880 --> 02:35:13.480
 So it would just be with knowledge, not anything with the Historic Land Commission.

02:35:13.480 --> 02:35:16.560
 I am not speaking for them in any way.

02:35:16.560 --> 02:35:19.400
 >> So what knowledge would that be?

02:35:19.400 --> 02:35:23.400
 >> Knowledge would be with historic homes, historic districts.

02:35:23.400 --> 02:35:28.560
 And I was interviewed for the development code when we talked about having borders and

02:35:28.560 --> 02:35:36.000
 something bordering historic districts and that it be something that's attractive.

02:35:36.000 --> 02:35:38.480
 So I was interviewed for that.

02:35:38.480 --> 02:35:40.240
 So I have a passion for that.

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

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

02:35:50.520 --> 02:35:52.240
 speak individually.

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

02:35:58.640 --> 02:36:04.120
 when they talk about the church being older and that property being older, when they talk

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.

02:36:08.000 --> 02:36:10.160
 I know about the stained glass that was there.

02:36:10.160 --> 02:36:11.840
 I know the history.

02:36:11.840 --> 02:36:14.520
 We knew the pastors of that church.

02:36:14.520 --> 02:36:18.760
 So the history there is what I'm passionate about.

02:36:18.760 --> 02:36:21.160
 Did that answer your question?

02:36:21.160 --> 02:36:22.160
 >> Thank you, Angie.

02:36:22.160 --> 02:36:23.160
 Appreciate you.

02:36:23.160 --> 02:36:24.160
 >> Thank you.

02:36:24.160 --> 02:36:29.720
 The next card I have is for David Pierce.

02:36:29.720 --> 02:36:43.960
 If you'll come on down and state your name and address.

02:36:43.960 --> 02:36:46.000
 Good evening.

02:36:46.000 --> 02:36:47.000
 >> Hello.

02:36:47.000 --> 02:36:48.000
 So I'm David Pierce.

02:36:48.000 --> 02:36:53.200
 I live at 2016 North Bell, right on the corner of Bell and Robert Street.

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

02:36:58.880 --> 02:37:00.080
 much to it.

02:37:00.080 --> 02:37:01.360
 I don't want to take anybody's time.

02:37:01.360 --> 02:37:02.680
 I know I only have three minutes.

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

02:37:09.040 --> 02:37:11.240
 a matter of a couple of things for me.

02:37:11.240 --> 02:37:17.800
 I've lived in the house with my wife since 2005, so for about 20 years.

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

02:37:22.240 --> 02:37:23.240
 identity.

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

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

02:37:32.360 --> 02:37:35.800
 and the quiet and that's exactly what we found.

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

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.

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

02:37:52.960 --> 02:37:57.440
 on Bell anywhere, so obviously that's going to mean side streets.

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.

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

02:38:05.040 --> 02:38:08.800
 as it is and adding anything else would just be a mistake.

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

02:38:14.280 --> 02:38:15.280
 that.

02:38:15.280 --> 02:38:16.280
 Thank you.

02:38:16.280 --> 02:38:18.880
 Thank you.

02:38:18.880 --> 02:38:31.600
 Next card I have is for Victoria Hodge.

02:38:31.600 --> 02:38:35.080
 Hi there, Victoria Hodge, 1823 North Bell.

02:38:35.080 --> 02:38:40.280
 I have the honor and privilege to live in one of the Denton Historic Districts.

02:38:40.280 --> 02:38:43.040
 This is very important to me.

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

02:38:50.080 --> 02:38:55.040
 were part of the original group of people that wanted to make this a historic district.

02:38:55.040 --> 02:38:59.720
 We did start off as a conservation district because we knew that would be the easiest

02:38:59.720 --> 02:39:04.000
 way to get through to make our area special.

02:39:04.000 --> 02:39:10.040
 And luckily, probably about five years ago, we got switched over to a historic district.

02:39:10.040 --> 02:39:12.000
 So that means a lot to me.

02:39:12.000 --> 02:39:15.840
 I also have the privilege of living on the corner of Bell and Woodland.

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

02:39:22.440 --> 02:39:26.880
 Bell to back up onto Bell to go in a different direction.

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

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

02:39:40.000 --> 02:39:42.040
 property for their residents.

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.

02:39:49.800 --> 02:39:55.720
 One of the things I do appreciate the developers or the landowner, whatever they're called,

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

02:40:00.600 --> 02:40:01.600
 have no plan.

02:40:01.600 --> 02:40:04.520
 Their plan is to get this rezoned and then sell it.

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

02:40:08.360 --> 02:40:11.000
 all going to start over again.

02:40:11.000 --> 02:40:14.880
 And speaking of landscape plan, I've been here long enough.

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.

02:40:19.880 --> 02:40:23.440
 My mom worked at TWA, retired from there.

02:40:23.440 --> 02:40:30.120
 But talking about landscape plan, years ago, 20-something years ago, when Wal-Mart on Loop

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

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,

02:40:44.280 --> 02:40:50.200
 and so that would help make up for their lack of greenery in their parking lot.

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.

02:40:55.580 --> 02:40:57.640
 So a lot of things get forgotten.

02:40:57.640 --> 02:41:03.120
 So the information that you receive today and the decision you receive now and the decision

02:41:03.120 --> 02:41:06.200
 you make now is going to make an impact for us in the future.

02:41:06.200 --> 02:41:08.840
 So I hope that you guys will consider that.

02:41:08.840 --> 02:41:10.840
 Thank you.

02:41:10.840 --> 02:41:28.600
 Next card I have is for Mr. Richard Smith.

02:41:28.600 --> 02:41:35.320
 I'm Richard Smith, 1920 North Bell, 76209.

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

02:41:42.760 --> 02:41:49.760
 over the years with becoming a historic conservation district, then a historic district.

02:41:49.760 --> 02:41:52.520
 We participated in that.

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

02:42:00.400 --> 02:42:07.800
 we were involved in kind of speaking up against those efforts, too.

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.

02:42:16.840 --> 02:42:25.760
 And for the most part, our neighborhood is extremely united and has been characterized

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

02:42:30.800 --> 02:42:35.560
 development coming into our area.

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

02:42:40.280 --> 02:42:48.200
 standing between the neighborhood and approval of this is that multifamily designation.

02:42:48.200 --> 02:42:55.680
 All the other uses were acceptable to the neighbors.

02:42:55.680 --> 02:42:57.600
 I mentioned this at the last meeting.

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

02:43:00.880 --> 02:43:07.080
 you still in there because they had voiced at the previous meeting that their opposition

02:43:07.080 --> 02:43:09.840
 to multifamily.

02:43:09.840 --> 02:43:16.780
 And I'd just note that we're this close, folks, to accepting something.

02:43:16.780 --> 02:43:21.880
 We know that things will change in our neighborhood over time.

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

02:43:25.880 --> 02:43:41.200
 ago remains that special neighborhood, that special older protected neighborhood that

02:43:41.200 --> 02:43:43.000
 we moved into 30 years ago.

02:43:43.000 --> 02:43:44.480
 So we hope you'll do that, too.

02:43:44.480 --> 02:43:46.520
 Thank you.

02:43:46.520 --> 02:43:51.320
 Thank you.

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.

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

02:44:01.520 --> 02:44:10.280
 want to add to at this time.

02:44:10.280 --> 02:44:13.040
 Not seeing anyone.

02:44:13.040 --> 02:44:20.560
 I will let the applicant know that our rules of procedure for public hearings stipulate

02:44:20.560 --> 02:44:26.320
 that the applicant after the residents have had an opportunity to speak has the option

02:44:26.320 --> 02:44:33.580
 of coming up and offering some additional thoughts or rebuttals, just a minute.

02:44:33.580 --> 02:44:35.260
 You don't have to.

02:44:35.260 --> 02:44:40.600
 If you do choose to exercise that option, then any of the previous speakers who did

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

02:44:47.880 --> 02:44:49.880
 you spoke to.

02:44:49.880 --> 02:44:52.120
 So it's up to you if you'd like to do that.

02:44:52.120 --> 02:44:57.540
 You're welcome to at this time.

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.

02:45:02.960 --> 02:45:05.020
 We were notified a couple of times it was down.

02:45:05.020 --> 02:45:07.160
 We went back out there and put it up.

02:45:07.160 --> 02:45:13.520
 We didn't have somebody sitting out there 24/7 to avoid vandalism.

02:45:13.520 --> 02:45:19.480
 On the 200 feet notifications and the 500 feet for the neighborhood meetings, we notified

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

02:45:24.400 --> 02:45:27.000
 and I cannot reply to that.

02:45:27.000 --> 02:45:29.800
 When it comes to making money, we're all making money.

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

02:45:35.280 --> 02:45:40.680
 good investments on our behalf, so everybody's working in different ways to make money.

02:45:40.680 --> 02:45:44.240
 Three-story building is allowed in MN.

02:45:44.240 --> 02:45:48.840
 Three-story building could be done in the R7.

02:45:48.840 --> 02:45:49.840
 But it is correct.

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

02:45:53.920 --> 02:45:58.440
 on there, particularly within the confines of the zoning areas.

02:45:58.440 --> 02:46:02.900
 The historic zoning, there is a historic district next to us.

02:46:02.900 --> 02:46:04.000
 We're adjacent to it.

02:46:04.000 --> 02:46:05.400
 We're not a part of it.

02:46:05.400 --> 02:46:08.440
 We're abiding by the city ordinances related to that.

02:46:08.440 --> 02:46:12.940
 There are some adjacency requirements of something next to single families and that's being taken

02:46:12.940 --> 02:46:15.280
 into consideration as well.

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

02:46:20.360 --> 02:46:24.760
 today than they were then, then I would think that we would have responsible parking.

02:46:24.760 --> 02:46:31.120
 At that time, I cannot speak to any property manager anywhere that might be renting out

02:46:31.120 --> 02:46:35.480
 multiple people or multiple people in a single room or on a single bed.

02:46:35.480 --> 02:46:36.480
 That's another issue.

02:46:36.480 --> 02:46:39.680
 Traffic, that's a formidable thing for the city to deal with.

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

02:46:45.120 --> 02:46:46.120
 time.

02:46:46.120 --> 02:46:47.120
 Thank you.

02:46:47.120 --> 02:46:48.120
 Thank you.

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.

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

02:46:58.000 --> 02:47:02.880
 that were shared on the rebuttal, so that's the sign notification, the mailed notifications

02:47:02.880 --> 02:47:11.460
 for the community meetings, the potential for profit in our activities, the three stories

02:47:11.460 --> 02:47:19.240
 versus two, the historic nature of the historic overlay next door and the parking.

02:47:19.240 --> 02:47:20.840
 Thank you.

02:47:20.840 --> 02:47:24.360
 The sign was down 15 straight days.

02:47:24.360 --> 02:47:25.920
 That's not going for maintenance.

02:47:25.920 --> 02:47:30.120
 That's purposely 15 straight days that I went and took photos.

02:47:30.120 --> 02:47:32.880
 I can forward this to you if you'd like.

02:47:32.880 --> 02:47:37.000
 Making money, everybody wants to make money, but we also want to keep our property values

02:47:37.000 --> 02:47:40.320
 up and appealing if we need to sell.

02:47:40.320 --> 02:47:44.640
 So they're making money, it hurts all of these people behind me.

02:47:44.640 --> 02:47:49.800
 The adjacent requirements, it's already been said when they talk about the greenery, it

02:47:49.800 --> 02:47:55.680
 was told to me by staff that they cannot enforce that.

02:47:55.680 --> 02:47:58.260
 So tell me what good that is.

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

02:48:01.560 --> 02:48:03.400
 all around town.

02:48:03.400 --> 02:48:06.040
 So a lot of these things do not apply.

02:48:06.040 --> 02:48:07.040
 Does someone else get to talk?

02:48:07.040 --> 02:48:08.040
 Can someone else talk about traffic?

02:48:08.040 --> 02:48:09.040
 Okay.

02:48:09.040 --> 02:48:10.040
 Sure.

02:48:10.040 --> 02:48:11.040
 Any one wants to talk about traffic?

02:48:11.040 --> 02:48:12.040
 In a minute.

02:48:12.040 --> 02:48:13.040
 Ernie, you want to?

02:48:13.040 --> 02:48:14.040
 You want to?

02:48:14.040 --> 02:48:15.040
 All right.

02:48:15.040 --> 02:48:21.560
 The traffic when they say it is what it is, let me tell you this.

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,

02:48:25.500 --> 02:48:27.680
 it's because they have adequate parking.

02:48:27.680 --> 02:48:29.520
 That part is being left out.

02:48:29.520 --> 02:48:31.180
 They have adequate parking.

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

02:48:38.880 --> 02:48:39.880
 they built apartments there.

02:48:39.880 --> 02:48:44.360
 They walk right across that lot to their apartments.

02:48:44.360 --> 02:48:48.200
 There is no guarantee on where it would be built if it would be built.

02:48:48.200 --> 02:48:54.060
 From what we understand, according that it was sold to some people in California, they've

02:48:54.060 --> 02:48:56.760
 not done one thing about building.

02:48:56.760 --> 02:49:01.960
 So there would be issues and there would be access just walking across that lot.

02:49:01.960 --> 02:49:02.960
 Thanks.

02:49:02.960 --> 02:49:04.200
 Thank you.

02:49:04.200 --> 02:49:10.840
 And then, if anybody else would like to address the rebuttal comments, you're welcome to.

02:49:10.840 --> 02:49:16.000
 You'll have one minute if you so choose.

02:49:16.000 --> 02:49:25.760
 Come on down.

02:49:25.760 --> 02:49:28.760
 Thank you very much.

02:49:28.760 --> 02:49:32.840
 You said there's adequate parking at the adjacent apartments.

02:49:32.840 --> 02:49:35.880
 There was a mistake made.

02:49:35.880 --> 02:49:41.200
 You mentioned the apartments right next to this land, they're single storey.

02:49:41.200 --> 02:49:42.640
 They're not two storey.

02:49:42.640 --> 02:49:46.400
 So a three storey would stick out like a sore thumb.

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

02:49:54.400 --> 02:49:55.840
 apartments.

02:49:55.840 --> 02:49:58.720
 And then now it's back down to 18.

02:49:58.720 --> 02:50:01.280
 So that means they're going to do multi-bedrooms.

02:50:01.280 --> 02:50:05.360
 And they'll have more cars than they have spots to park in.

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

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

02:50:14.000 --> 02:50:15.880
 there to their apartment.

02:50:15.880 --> 02:50:17.880
 So that's how it's going to happen.

02:50:17.880 --> 02:50:23.060
 That's what it's going to tell you.

02:50:23.060 --> 02:50:27.120
 Anyone else not seeing any?

02:50:27.120 --> 02:50:32.600
 We'll close the public hearing.

02:50:32.600 --> 02:50:38.080
 Questions from the commission or discussion?

02:50:38.080 --> 02:50:40.240
 Commissioner Riggs?

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

02:50:46.780 --> 02:50:50.340
 zoning as opposed to this request?

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.

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.

02:51:05.800 --> 02:51:07.560
 Okay.

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

02:51:11.800 --> 02:51:13.800
 PD.

02:51:13.800 --> 02:51:18.200
 So R7 is one of the zoning districts currently on the property.

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

02:51:25.440 --> 02:51:28.920
 here would be permitted in the PD and then everything over here would be permitted in

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.

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

02:51:43.140 --> 02:51:45.360
 in MN by right within SUP and R7.

02:51:45.360 --> 02:51:50.040
 It would really depend which particular use, whether that would be permitted by right in

02:51:50.040 --> 02:51:55.640
 R7 and MN, which would make developing the front of the property easier.

02:51:55.640 --> 02:51:56.640
 Okay.

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,

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,

02:52:09.880 --> 02:52:13.900
 it could totally change once we change zoning, right?

02:52:13.900 --> 02:52:17.000
 So it could definitely be something totally different.

02:52:17.000 --> 02:52:23.840
 So whatever is being currently proposed, it could change based on our recommendation to

02:52:23.840 --> 02:52:25.480
 council on the zoning.

02:52:25.480 --> 02:52:31.840
 So I just kind of want to put that out there.

02:52:31.840 --> 02:52:37.320
 Thank you.

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

02:52:42.480 --> 02:52:56.680
 actions and the future for the neighborhood.

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

02:53:09.320 --> 02:53:14.480
 buffer zone some sort of fence between a multifamily property and single family property?

02:53:14.480 --> 02:53:18.080
 So the landscape buffering doesn't require a fence, but typically, especially with something

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

02:53:22.040 --> 02:53:23.040
 point requirements.

02:53:23.040 --> 02:53:26.640
 So something like a masonry wall is worth 20 points, so you would typically see that

02:53:26.640 --> 02:53:27.640
 around multifamily.

02:53:27.640 --> 02:53:28.640
 Got it.

02:53:28.640 --> 02:53:29.640
 Okay.

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

02:53:47.000 --> 02:53:53.040
 that the question of previous deed issues are not a city matter.

02:53:53.040 --> 02:53:59.680
 My question would be, in our recommendation to city council, could we recommend that a

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

02:54:07.600 --> 02:54:12.640
 the future if legal action were to change the ownership of the property because of a

02:54:12.640 --> 02:54:13.800
 previous deed restriction?

02:54:13.800 --> 02:54:17.280
 Does that make sense?

02:54:17.280 --> 02:54:18.280
 I would have to look into that.

02:54:18.280 --> 02:54:22.880
 I don't know if that's been something that we have tried in the past.

02:54:22.880 --> 02:54:26.520
 There's very much meant to be two separate processes.

02:54:26.520 --> 02:54:33.840
 So my initial gut reaction is I would not recommend going that direction, but ultimately

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

02:54:38.600 --> 02:54:42.240
 research, but I wouldn't have an answer for you this evening.

02:54:42.240 --> 02:54:43.240
 Okay.

02:54:43.240 --> 02:54:44.240
 Thank you.

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

02:54:50.720 --> 02:54:51.720
 before us.

02:54:51.720 --> 02:54:52.720
 Yeah.

02:54:52.720 --> 02:54:57.200
 I think that's our purview, right?

02:54:57.200 --> 02:54:59.880
 Yeah.

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

02:55:03.920 --> 02:55:08.960
 found any in our searches, the applicant I believe does have their legal representation

02:55:08.960 --> 02:55:13.360
 here who did research the property extensively if you would like to hear from him.

02:55:13.360 --> 02:55:14.360
 Okay.

02:55:14.360 --> 02:55:21.800
 Let me hear from Commissioner McDuff first and then maybe we'll look into that.

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

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

02:55:34.840 --> 02:55:37.280
 of the traffic.

02:55:37.280 --> 02:55:38.280
 Clearly so.

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

02:55:42.880 --> 02:55:43.880
 too.

02:55:43.880 --> 02:55:49.560
 There are many concerns though raised this evening I think with the traffic, historical

02:55:49.560 --> 02:55:56.960
 neighborhoods, even the tree removal which we're all concerned about, but I am concerned

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

02:56:04.120 --> 02:56:11.040
 I didn't say those things representing District 3 because we were neighborhood centric and

02:56:11.040 --> 02:56:13.560
 for one believe in that perspective.

02:56:13.560 --> 02:56:18.240
 Thank you Chair Pruitt.

02:56:18.240 --> 02:56:24.240
 So we have the legal representative of the applicant here.

02:56:24.240 --> 02:56:30.000
 Could you give some background on, just to give us some understanding of how much risk

02:56:30.000 --> 02:56:36.320
 there is in that regard, and Commissioner, I would just ask that you understand that

02:56:36.320 --> 02:56:41.960
 this is not our legal representation, this is the representation of the applicant.

02:56:41.960 --> 02:56:42.960
 Thank you Chairman.

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

02:56:48.400 --> 02:56:50.440
 certainly want to take your attorney's advice, not mine.

02:56:50.440 --> 02:56:56.040
 I'm one of those paid lawyers that will say anything if somebody had mentioned.

02:56:56.040 --> 02:56:57.320
 Not the case here.

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

02:57:03.880 --> 02:57:07.640
 through a couple of the community meetings I believe and there had been some information

02:57:07.640 --> 02:57:08.640
 presented.

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

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.

02:57:19.560 --> 02:57:23.640
 So obviously that brings to mind was there a deed restriction somewhere in the past.

02:57:23.640 --> 02:57:28.600
 Someone made that a restriction that ran with the land that you would, any restriction that

02:57:28.600 --> 02:57:31.800
 runs with the land you find in the deed records.

02:57:31.800 --> 02:57:35.400
 And you know, attorneys can search, anybody can go search the deed records looking for

02:57:35.400 --> 02:57:36.400
 deed restrictions.

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

02:57:42.240 --> 02:57:47.360
 essentially said they would insure them for any litigation related to a purported deed

02:57:47.360 --> 02:57:51.240
 restriction because they didn't find one related to church use.

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

02:57:57.280 --> 02:58:01.240
 there were some, we did find some documents that were the articles of incorporation for

02:58:01.240 --> 02:58:06.640
 the University of Baptist Church and of course in any nonprofit corporation you state in

02:58:06.640 --> 02:58:11.120
 your articles what your purpose is and you can only operate under that purpose or you

02:58:11.120 --> 02:58:13.340
 might lose your taxes, get them status.

02:58:13.340 --> 02:58:16.760
 And they of course had a provision in there that said all church assets including, you

02:58:16.760 --> 02:58:20.520
 know, church building will be used for church purposes only.

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.

02:58:24.560 --> 02:58:27.280
 That doesn't stay with land they previously owned.

02:58:27.280 --> 02:58:31.680
 That was just a restriction on the entity of the church, not a permanent restriction

02:58:31.680 --> 02:58:32.840
 on the use of that land.

02:58:32.840 --> 02:58:37.920
 So when the church sold it there was no deed restriction that a subsequent owner would

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

02:58:43.800 --> 02:58:46.640
 city lawyers advice, but that was my involvement sir.

02:58:46.640 --> 02:58:47.640
 Thank you.

02:58:47.640 --> 02:58:48.640
 Okay, you bet.

02:58:48.640 --> 02:58:49.640
 Thank you.

02:58:49.640 --> 02:58:50.640
 Discussion?

02:58:50.640 --> 02:58:51.640
 Any other questions for staff?

02:58:51.640 --> 02:58:52.640
 Thoughts?

02:58:52.640 --> 02:58:53.640
 I have some thoughts.

02:58:53.640 --> 02:58:54.640
 Oh, sorry.

02:58:54.640 --> 02:58:55.640
 Oh, sorry.

02:58:55.640 --> 02:58:56.640
 Do you want to go first?

02:58:56.640 --> 02:58:57.640
 Go ahead.

02:58:57.640 --> 02:59:08.560
 No, I've been talking way too much so go ahead.

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

02:59:18.160 --> 02:59:21.320
 you move from the east to the west.

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

02:59:26.640 --> 02:59:31.200
 big shopping center there on the corner of North Locust and East University.

02:59:31.200 --> 02:59:35.120
 What did I just say, seven?

02:59:35.120 --> 02:59:37.840
 Eight, sorry, eight.

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

02:59:44.840 --> 02:59:47.120
 center there on the corner.

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

02:59:55.120 --> 03:00:01.840
 is going to go multifamily, but we talk about compatibility in the zoning and that would

03:00:01.840 --> 03:00:09.080
 be compatible for all of those properties that are on that north side of East University

03:00:09.080 --> 03:00:10.080
 Drive.

03:00:10.080 --> 03:00:16.640
 I understand and feel for the residents that are on North Bell and Woodland because they

03:00:16.640 --> 03:00:21.400
 are residential and they are historic residential.

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

03:00:27.240 --> 03:00:32.100
 you don't think that a church is going to get sold and in development.

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

03:00:37.160 --> 03:00:40.880
 just this southern property up against East University.

03:00:40.880 --> 03:00:44.160
 It does fit if we approved this zoning.

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

03:00:50.120 --> 03:00:53.040
 story that what could go in now.

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

03:01:01.040 --> 03:01:05.520
 something that looks historic that blends in with the community because you are going

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

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

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.

03:01:27.160 --> 03:01:35.640
 Even a really cool looking set of townhouses would be a nice ease into the multifamily.

03:01:35.640 --> 03:01:40.560
 But do something that looks historically do something that blends in I think that might

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

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

03:01:54.960 --> 03:02:00.280
 else and hope that the applicant would take tonight's concerns from the neighbors into

03:02:00.280 --> 03:02:05.960
 consideration when they move forward with what they plan for the property.

03:02:05.960 --> 03:02:22.000
 Mr. Riggs I'll defer to Commissioner McDuff okay Commissioner McDuff okay I'll just share

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

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

03:02:39.560 --> 03:02:50.080
 that grew up before the zoning code was extremely specific about what you could do where.

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

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

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

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

03:03:16.280 --> 03:03:21.480
 I also heard that you know with the existing neighborhood there were times when parking

03:03:21.480 --> 03:03:28.360
 was excessive and it was causing concerns for safety there's there's limited control

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

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

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

03:03:48.240 --> 03:03:51.760
 especially when there's already a problem.

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

03:03:58.280 --> 03:04:06.160
 of the comment that that is well heard of the potential for future residents to walk

03:04:06.160 --> 03:04:11.800
 along the other property that the applicant owns in between the property in question and

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

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

03:04:26.120 --> 03:04:34.600
 talked to a developer in ever that would imagine building multifamily here with not enough

03:04:34.600 --> 03:04:38.640
 parking because it means they wouldn't be able to rent the stuff out right.

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

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

03:04:49.520 --> 03:04:59.040
 parking two blocks away and then walking to their apartment complex would be very small.

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

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

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

03:05:23.880 --> 03:05:29.380
 you would turn right on University then right on Locust right on Sherman right on Woodland

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

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

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

03:05:50.840 --> 03:06:00.720
 that dissuades people from doing that action right so it's trade-offs here and there.

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

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

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

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

03:06:35.880 --> 03:06:42.560
 up there and you have two vacant properties even though it is trespassing it could happen

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

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

03:06:52.120 --> 03:07:00.200
 still meet the requirements if we require defense okay thank you yeah I mean my thoughts

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

03:07:06.240 --> 03:07:12.720
 right is if you have two vacant lots that people are trespassing through in order to

03:07:12.720 --> 03:07:18.120
 parking from somebody else's house and it creates disagreements and you don't have friendly

03:07:18.120 --> 03:07:25.760
 neighbors anymore so I would be supportive of supporting the motion as is or with that

03:07:25.760 --> 03:07:31.560
 stipulation to give the the neighborhood some confidence that that particular problem is

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

03:07:39.120 --> 03:07:44.000
 Riggs yeah I would say between multifamily and single-family I believe that's a requirement

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

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

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

03:08:04.880 --> 03:08:12.120
 like as if essentially something similar could go in there with the current zoning so kind

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

03:08:17.840 --> 03:08:25.200
 is recommended to deny then you the neighborhood still could end up with something similar

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

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

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

03:08:44.560 --> 03:08:51.560
 by right you could put somewhere between 30 and 37 units here from being creative and

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

03:09:04.440 --> 03:09:09.560
 when when Commissioner Riggs was speaking about there would have to be offense my understanding

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

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

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

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

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

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

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

03:09:49.960 --> 03:09:54.720
 developing multifamily for commercial it would be 15 foot width and 30 points so either way

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

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

03:10:11.680 --> 03:10:26.560
 any other discussion or questions or motion

03:10:26.560 --> 03:10:39.600
 okay I will make a motion to recommend approval with the stipulation that the northern buffer

03:10:39.600 --> 03:10:50.500
 zone require offense given the the existing conditions of the area just to clarify do

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

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

03:11:07.320 --> 03:11:18.240
 to recommend that we approve this with those considerations any other discussion or questions

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

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

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

03:11:40.400 --> 03:11:45.460
 different buffer between multifamily and single-family so something between just an apartment complex

03:11:45.460 --> 03:11:53.440
 right next to some type of development building vertical construction okay so like a townhouse

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

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

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

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

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

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

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

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

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

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

03:13:10.680 --> 03:13:19.760
 or discussion I'll call for a vote on the board

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

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

03:13:37.040 --> 03:13:50.120
 aware of that

03:13:50.120 --> 03:14:02.000
 okay that brings us to items 6a hold a discussion regarding the planning and zoning matrix

03:14:02.000 --> 03:14:08.080
 that evening we have had no changes to the matrix since our last meeting and similarly

03:14:08.080 --> 03:14:11.920
 there have been no items taken before City Council that the sports were done since our

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

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

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

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

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

03:14:56.800 --> 03:15:07.360
 handle contact from developers and also contact from citizens for example we had all these

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

03:15:17.720 --> 03:15:24.920
 should I respond I believe I should not forward them because of open records and certainly

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

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

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

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

03:16:10.920 --> 03:16:18.580
 staff is is already left unfortunately but existing challenges having to do with roadway

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

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

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

03:16:42.720 --> 03:16:50.920
 smaller some so my recommendation would be that mobility committee take up an action

03:16:50.920 --> 03:17:00.600
 on whether to recommend to City Council to change our ordinances around parking prohibitions

03:17:00.600 --> 03:17:06.440
 and turning movement prohibitions those those typical legal prohibitions that you put up

03:17:06.440 --> 03:17:12.440
 to address some of the existing conditions issues right now those all require specific

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

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

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

03:17:32.720 --> 03:17:37.560
 message along and ask our friends in transportation to discuss that with the mobility committee

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

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

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

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

03:18:04.680 --> 03:18:10.520
 citywide parking study this is yet another example of somewhere that's not necessarily

03:18:10.520 --> 03:18:21.440
 just downtown and not one street over from a university that has parking concerns and

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

03:18:30.600 --> 03:18:40.640
 managed parking in these areas so that residents concerns are are alleviated and we can encourage

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

03:18:48.360 --> 03:18:55.320
 Commission I just wanted to comment on the the parking traffic analysis part of it is

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

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

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

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

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

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

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

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

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

03:19:43.520 --> 03:19:55.120
 zoning cases come to us okay that brings us to item seven concluding items anyone have

03:19:55.120 --> 03:20:05.840
 any concluding items to mention yes thank you very much for Commissioner Garland being

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

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

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

03:20:26.840 --> 03:20:35.520
 there was a notice that went out for the ADU and something else feedback sessions over

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

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

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

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

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

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

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

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

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

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

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

03:21:46.340 --> 03:21:54.240
 will support you and we appreciate all the good feedback the coaching the mentoring and

03:21:54.240 --> 03:22:01.320
 I know that Commissioner Garland will appreciate that just like I appreciated it when I started

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

03:22:15.800 --> 03:22:18.960
 meeting of the Planning and Zoning Commission to close thank you

