WEBVTT

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 >> Good afternoon at 5.04 p.m. this Wednesday, December 17th, and with a quorum present,

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 I will call this meeting of the work session of our Denton Planning and Zoning Commission

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 to order.

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 Our first order of business is comments by citizens on the consent agenda, not seeing

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 anybody.

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 We'll move on to the clarification of agenda items listed.

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 So there's several things on the consent agenda, no changes this week as far as delaying

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 or modifications to approve.

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 Any questions on those items?

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 Okay.

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 It moves us to items for individual consideration for a FP250028C.

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 >> Chair and members of the commission, give me two seconds here.

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 This is a final plat for the reserves at brush creek.

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 It is a plan development for 42 single family homes.

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 At this time, staff is recommending denial as they do not meet all of our criteria for

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 approval but have no objection to the requested extension which could be granted to January

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 14th, 26.

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 Happy to answer any questions you all may have.

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 >> I have an offhanded question.

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 They have satisfied the majority of staff's comments.

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 We're working through getting to final civil engineering plan approval which is required

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 to approve the final plat.

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 Some of that in part is due to working through an agreement as it relates to the construction

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 of brush creek road.

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 So they're working with the adjacent commercial lot to come to an agreement regarding the

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 timing and funding of that road.

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 Once that's approved, the civils can be approved and then the plat can be approved.

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 >> Thank you.

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 >> Anything else?

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 I don't see anything.

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 Thank you, Angie.

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 Next item is 4BPP25-0005.

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 >> Good evening, chair and commissioners.

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 Cameron Robertson presenting on behalf of Sean Jacobson.

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 This is a preliminary plat for approximately 6.5-acre parcel just east of the existing

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 south Bonnie bray and west of future south Bonnie bray.

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 The staff is currently recommending denial of this preliminary plat as it does not comply

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 with the established criteria but staff has no objection to a requested extension to a

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 date starting January 14th, 2026 and this would be the second extension.

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 >> I have a question on this one.

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 If you could fill me in on sort of the plans for the old Bonnie bray there that I had heard

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 some things from parks on trails plans and other things and then I know so is this it

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 looks like notwithstanding the things that they need to fix that this would plan to connect

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 to that roadway and so that roadway would be not abandoned and stay where it is?

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 Is that the plan right now?

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 >> Yes, it's my understanding that roadway is not going to be abandoned and would stay

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 in place but more of a local street rather than serving as the arterial than Bonnie bray

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 will.

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 >> Okay.

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 Any other questions?

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 Not seeing any.

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 Thank you, Cameron.

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 Brings us to our public hearings 5A is sorry.

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 Is it easier to do these two or three together probably?

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 So we'll do 5A, B and C the comprehensive plan amendment mobility plan amendment and

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 the zoning item.

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 >> Yes, thank you chair, evening chair, members of the commission, senior planner, yes you

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 read my mind, my idea for presenting this is to do it all three applications at the

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 same time, hopefully open all three public hearings at the same time and then of course

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 each of them will need individual action.

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 So these three requests are one is a comprehensive plan amendment to change from agricultural

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 flume to regional mixed use, the second is a mobility thoroughfare map amendment to remove

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 the future extension of sea wolf road between U.S. 380 and Jackson road as identified there

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 on the image at the bottom right and then the last request is rezoning from RR and R2

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 to mixed use regional.

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 The property itself is about 16 and a half acres located just north of university drive

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 approximately 2800 feet west of golden hoof drive.

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 This property was anticipated to host multifamily development as a part of the hickory grove

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 legends ranch municipal utility district.

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 I provide a little bit of background from that or about that in your backup and I do

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 plan to cover that just briefly in the full presentation.

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 Since the creation of that mud this property was excluded and annexed into the city in

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 anticipation of that same land use multifamily development and so the applicant is or applicants

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 are going through the process of getting their comprehensive plan, future land use designation,

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 zoning and mobility situation underway.

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 Brief history just so you have this in mind and we can answer any questions within this

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 work session related to the background.

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 The existing land use for the property is undeveloped or the didn't plan 2030 designated

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 this area and the entire hickory grove legends ranch mud area as rural areas.

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 With the update of the didn't 2040 we did designate the hickory grove and legends ranch

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 single family area portion of the mud as low residential but we didn't really address the

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 portion along US 380 even though with the mud this came forward as multifamily and future

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 commercial uses.

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 So now we're taking that step and establishing the appropriate or seeking to establish the

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 appropriate future land use designation, zoning and thoroughfare map.

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 That pretty much concludes the highlight of the presentation like I said I do have a more

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 detailed presentation in the work session and your details are provided in your backup

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 but I will happily answer any questions that you have at this time.

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 Commissioner Dyer.

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 So you alluded that this was not the zoning was not changed when the when the mud was

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 put through.

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 Why why is that like why would they if they already knew that there is multifamily going

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 in here why not just do it all at that time.

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 I'm not sure it looks like like I said the single family residential piece was anticipated

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 and it could be possible that that use land use hadn't been completely figured out yet

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 what was going along US 380.

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 I will also add though that all of this was a part of the E.T.J. at first and we do not

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 control zoning in the E.T.J.

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 The change of that was the future land use designation in the comp plan and it looks like

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 Charlie may have something to add.

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 Good evening Commission.

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 Charlie Rosendahl interim director of development services.

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 So when the Hickory Grove well when the legends ranch which is now Hickory Grove mud first

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 came to the city it was planned that that multifamily would be with included with the

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 mud and not a part of the city.

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 Subsequently after that they approached the city about increasing the number of units

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 in the multifamily and a different comp concept plan.

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 City Council approved at that point an amendment to the mud which required them to come in

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 and annex a portion of that multifamily development.

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 And so the reason for that is they would have to annex the property first and then come

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 back for the rezoning which is why it's coming before you today.

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 Thank you.

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 Anything else?

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 Yeah.

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 Mr. Riggs.

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 So I was looking at I think your first slide and it looked like a lot of this property

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 is encumbered by a floodplain.

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 So I guess they're good with doing some kind of loamer or something on that.

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 They do have a clomer working for the development of the it was submitted and approved for the

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 development of that single family portion to the north.

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 This is actually the floodplain buffer area that's encumbering this property so they would

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 just have to design it in accordance with that minimum flood finish floor elevation.

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 So there is a clomer that removed some portions of the floodplain out and then they have to

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 fill in the area up to the finish floor elevation for this site.

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 Thank you.

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 Commissioner Dyer.

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 For us non-city employees or for those of us who do not work with city employees can

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 you please explain what a clomer is?

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 Sorry.

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 So you know I'm very disappointed in Commissioner Riggs and like using high level language here.

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 Conditional letter of map revision.

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 So that is the conditional letter of map revision or a loamer is a letter of map revision that

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 is submitted to and approved by the federal emergency management FEMA and essentially

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 addresses when a flood is on a floodplain is on a property if there's an opportunity

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 to revise that map and either redirect the flood or treat it and hold it somewhere else

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 then that's what happens in that point.

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 Thank you.

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 Commissioner McAduff.

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 Yes just a question on process I guess I was I think we were in this very room our last

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 meeting and we had kind of the same strategy going I put a note on my proposal's triple

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 threat or is this a groundhog day where I'm seeing the same three all together I'm just

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 asking for is this something we might continue to see?

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 I will look to Haley maybe to answer that I do know that the comprehensive plan is probably

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 at a point now where there has been some changes over the years.

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 So some of these changes are making sense and as we're noticing some changes around

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 the area but I'll look to Haley to see how that plays out moving forward.

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 So hopefully there they go I knew they'd work their magic from the back.

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 So with respect to the three applications coming forward all at once I would say it's

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 not uncommon it's not one of our more frequent things to do is amend all three documents

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 at the same time but if someone does come in with a substantive area that they were

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 seeking a zoning change for we will encourage them to update the comprehensive plan as a

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 part of that process to make sure we're keeping it current as we go along.

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 So I would say more often you'll see a comp plan and a zoning change kind of running concurrently

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 sometimes a zoning and an SUP running concurrently because we do just try to keep things all grouped

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 together so that you all see the full picture if someone is going to need multiple applications.

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 Well I appreciate looking at the big picture but I was just maybe having some PTSD of what

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 we heard last time around Chair Pruitt and so I was just asking that question out loud

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 and I have a second part to that question.

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 When is the comprehensive plan up for review?

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 So we are at this time working through a grant application process to try to seek funding

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 for a comp plan and mobility plan update possibly also parks and trails master plan update to

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 work all three of those concurrently typically it's not on a like every five to seven years

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 is what a city would would target so we're coming up on that time frame so we're trying

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 to get ahead and make sure we have the funding in place to do that in the next year or so.

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 I guess I don't remember schedules and timing perfectly but to your to your point about

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 when do we do all three of these together versus not there was a what was it that that

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 potential development for love first community village or love something out northwest of

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 here that staff brought a comprehensive plan amendment work session to this body but I

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 don't think many of these people saw it and so I'm just trying to understand like what

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 is how does the determination between whether to do that before you move ahead with all

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 three hearings or whether to just go forward and do them all at the same time yes.

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 So I believe the one if I'm remembering correctly that there is a plan development proposed

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 in that area and as part of looking at that application staff thought there was opportunity

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 to maybe do a broader update to that to an area of the comprehensive plan not just the

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 one specific property so that's why we brought that forward with the work session to see

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 if the commission felt that they would support staff spending our time and energy on doing

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 a broader comp plan amendment that particular application since we didn't do that when

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 it's PD comes forward we'll have a comp plan amendment associated with it as a companion

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 application so they'll they'll do that change on a personal specific basis rather than what

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 we were looking at was potentially a broader area of the city okay okay thank you any other

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 questions on this item I don't see any thank you Mia that brings us to 5d z25-15 for Craver

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 Ranch again good evening chair members of the commission again Mia Heinz senior planner

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 this item is a straight zoning request from for to just under 225 acres from rr to r1

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 to allow for the development of single-family residential lots the acre the applicant has

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 stated that their intent is to develop this for one acre lots the r1 zoning district does

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 allow for a minimum lot area of 32,000 square feet the property is located just southwest

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 of the FM 2153 bend this is FM 2153 here and as you can see it kind of bends from north

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 to south to east to west just adjacent to this property just to give you an orientation

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 this is on the northern edge of the city relative or adjacent to the Craver Ranch development

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 that we heard at the last meeting I believe and the development isn't consistent is consistent

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 with the Denton 2040 plan future land use designation of agriculture and helps achieve

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 the overall goals of policies including serving as an adequate land use transition from that

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 development that we discussed last week our last meeting to the compact or rural development

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 within the city's ETJ around Lake Ray Roberts with that staff is recommending approval and

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 I will happily answer any questions that you have at this time.

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 Go ahead if you had a question.

00:16:28.760 --> 00:16:34.200
 I'm just going to keep asking this when I see this type of edge development because

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 our comp plan is is pretty specific in several places that the types of development that

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 we want in these areas is more clustered development more preservation that sort of thing like

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 like not one and five acre lots but very small lots surrounded by tons of preserved land

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 so is this just a conversation that is not coming up with developers or is this something

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 that you are sharing with the development community and there are specific reasons why

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 they say no we can't do that with your current regulations.

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 Oh yeah so it's it's it's brought up with the the our cluster development techniques

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 and styles and things that come along with that and of course it is ultimately up to

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 the applicant and what their request is and how that serves their purpose.

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 I will add that the R1 I guess this doesn't preclude them from being able to do a cluster

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 development and for smaller lots in the future if there is environmentally sensitive areas

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 on this property as I think there is a potentially a portion of it that would have to be assessed

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 and then confirmed but they would have to avoid that Haley anything to add.

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 No I would just add staff does make developers aware of those regulations when we think there

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 is a possible fit for it with respect to floodplain or ESA on their properties I would I can think

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 of one development that sort of utilize the tool I don't think it's a development style

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 that is popular and in this area would be my most honest answer because I have not seen

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 anyone actually take significant interest in utilizing that tool in our toolbox.

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 So completely understand and agree it's not popular it's not common but I think our comp

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 plan is very specific that this is what we want to see so I'd be interested in the future

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 better understanding what it would take to make that financially viable for development

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 because whatever it is right now is not doing it.

00:18:39.240 --> 00:18:40.240
 Yeah.

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 Right.

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 So that's a revisit into what the actual DDC requires for cluster development and some

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 of the instances that they offer for that absolutely yeah we can do that so okay any

00:18:48.840 --> 00:18:51.920
 other questions Commissioner Mcduff.

00:18:51.920 --> 00:18:56.480
 Yes Ms. Hines I'm not going to call you down in the front by first name like I saw on the

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 video last week but I will say thank you for your work on the Krabur Ranch and I appreciate

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 all that that was a lot good thinking but my question on this proposal is how is this

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 related to the larger Krabur Ranch project were they ready were they ready to sell and

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 then waiting on the Krabur Ranch to go.

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 Yeah I can fill in a little bit and Hillary correct me if I'm getting off posting but

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 for the history on this one I do know that it was owner or retained by the owner the

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 original owner of Krabur and they did want to do something a little different than make

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 it a part of the plan development this area isn't included in the municipal management

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 district for Krabur so it is a separate kind of parcel of land in itself and again their

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 stated intent is to do one acre lots for this property whereas the Krabur property has a

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 sort of mixture of R4 and R7 within it.

00:19:59.740 --> 00:20:00.740
 Commissioner Riggs.

00:20:00.740 --> 00:20:05.960
 That actually made me think of another question and it might go to your point Eric so if they're

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 they're not in the in the district I assume they won't have sewer service.

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 So they would Charlie but I believe they would be able to benefit from the improvement some

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 of the capital improvements that will be occurring in that area with regard to the utility line

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 extensions there because I was gonna say one of the reasons they may want to go with one

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 acre is for septic systems you have to one acre minimum.

00:20:35.200 --> 00:20:39.200
 Well that brings up a good question for me to learn something because I'm aware that

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 at least in Denton County there's a one acre for a well and two acres for a septic or it

00:20:44.400 --> 00:20:51.160
 might be flipped is that correct so and the question would be is sure if somebody wanted

00:20:51.160 --> 00:20:55.400
 to do it in the city do we have those same requirements because we defer to the county

00:20:55.400 --> 00:20:59.540
 or how does that I'm not sure of the county specific regulation should they have any that

00:20:59.540 --> 00:21:03.960
 are different from ours I know state law TCEQ sets minimums I believe theirs is actually

00:21:03.960 --> 00:21:08.760
 a half acre to have either well or septic one acre to do both the city expanded that

00:21:08.760 --> 00:21:13.740
 and requires one acre to do either a well or a septic system or two acres if you wish

00:21:13.740 --> 00:21:22.960
 to do both on the same property okay Commissioner McDuff sorry I'll get you second yes just

00:21:22.960 --> 00:21:29.120
 as a follow-up are there other properties ready to go after this other proposals coming

00:21:29.120 --> 00:21:36.360
 forward in this area mm-hmm I have not received any other applications for zoning related

00:21:36.360 --> 00:21:45.760
 items in this area thank you Commissioner Dyer you know sometimes we talk about transition

00:21:45.760 --> 00:21:52.360
 of what's being built out there and when you look at what's along 2153 and burger road

00:21:52.360 --> 00:21:59.160
 like this will be a nice transition from all of the current you know one to thirty some

00:21:59.160 --> 00:22:04.600
 acre lots in that area into a plan development where you're going to have smaller lots and

00:22:04.600 --> 00:22:12.640
 a little bit higher density so this essentially will kind of be that northeast corner of Craver

00:22:12.640 --> 00:22:22.560
 Ranch and so it does to me it does fit a transition of development and to that note I do have

00:22:22.560 --> 00:22:26.920
 a little a little bit information about the Lake Ray Roberts provided in the backup but

00:22:26.920 --> 00:22:31.240
 there is a zoning district that's within the county that kind of ensures a certain lot

00:22:31.240 --> 00:22:36.820
 size in the county as well so it would maintain or continue to serve as that transition for

00:22:36.820 --> 00:23:06.760
 the foreseeable future anything else thank you man brings us to five e SD 25 - one good

00:23:06.760 --> 00:23:19.360
 evening chair and commissioners Cameron Robertson and principal planner give me one moment

00:23:19.360 --> 00:23:24.480
 this is a request for a special sign district of an approximately 120 acre commercial area

00:23:24.480 --> 00:23:31.840
 parcel located along that northwest corner of ropes and ranch and interstate 35 West

00:23:31.840 --> 00:23:37.560
 the purpose of this special sign district is for some ground sign sizing locations and

00:23:37.560 --> 00:23:42.500
 numbers as well as some additional sign types and definitions that do not currently meet

00:23:42.500 --> 00:23:49.320
 our chapter 33 regulations but section 33.18 of the denton sign code does allow creation

00:23:49.320 --> 00:23:54.160
 of special sign districts to deviate from those regulations as long as there's a comprehensive

00:23:54.160 --> 00:24:02.260
 sign plan in place stuff is recommending approval as it complies with our criteria I do have

00:24:02.260 --> 00:24:07.920
 a lot of information in my presentation later this evening that I'm going to be covering

00:24:07.920 --> 00:24:14.360
 in terms of sizing and some of the backup material in terms of the numbers terminology

00:24:14.360 --> 00:24:19.920
 but I can answer any questions and I do have some background on the denton sign code in

00:24:19.920 --> 00:24:29.600
 general if you all want me to cover that during work session questions I think my my question

00:24:29.600 --> 00:24:44.760
 Cameron is I'm not familiar with whether the boundaries of hunter MMC or MPC and the landmark

00:24:44.760 --> 00:24:50.920
 interests are the same or not and I'm trying to understand this is not the entire frontage

00:24:50.920 --> 00:25:00.000
 of 35 within hunter so why it's a large area but it's not all of it it's I would I would

00:25:00.000 --> 00:25:03.920
 expect like either all of it or a smaller area than this can you help me understand

00:25:03.920 --> 00:25:11.020
 of course so the hunter ranch MPC is still known as the hunter ranch MPC but now it has

00:25:11.020 --> 00:25:16.440
 been formally renamed to landmark so it's still same the same boundaries as the hunter

00:25:16.440 --> 00:25:21.200
 ranch MPC the new name is just landmark so there's some of that confusion there but in

00:25:21.200 --> 00:25:25.760
 terms of this commercial area this property as we very much well know it's going to be

00:25:25.760 --> 00:25:31.360
 developed in phases this is kind of that first commercial area along that 35 frontage that's

00:25:31.360 --> 00:25:35.920
 going to be developed so they're looking specifically especially because there is a grocery store

00:25:35.920 --> 00:25:42.080
 anchor that is planning to be located in this area that this is going to be the first commercial

00:25:42.080 --> 00:25:49.080
 area that kind of takes off in terms of mixed use office space additional tenants and commercial

00:25:49.080 --> 00:25:56.160
 uses so looking just here first and then moving as the phases progress okay thank you any

00:25:56.160 --> 00:26:01.760
 other questions commissioner Dyer I don't really have a question but I have kind of

00:26:01.760 --> 00:26:12.320
 a comment do you happen to have the slide where it shows the notification boundary yes

00:26:12.320 --> 00:26:18.000
 so Haley tell me if I'm wrong but in the development code review committee we're about ready to

00:26:18.000 --> 00:26:24.400
 talk about notifications right it wasn't that on an upcoming agenda item so for the three

00:26:24.400 --> 00:26:35.160
 of us that sit in you know out of this committee that sits on that committee the owner is notifying

00:26:35.160 --> 00:26:42.660
 the owner like when you look at you know who this is going to affect maybe that's something

00:26:42.660 --> 00:26:48.500
 that we I know it fits within the boundaries that they're supposed to notify but essentially

00:26:48.500 --> 00:26:56.040
 three quarters of that they're notifying themselves with the exception of maybe one neighbor and

00:26:56.040 --> 00:27:04.080
 this is you know this will affect future homeowners that right now don't exist and it will affect

00:27:04.080 --> 00:27:09.840
 another community west of that on the south side of the road and another community west

00:27:09.840 --> 00:27:15.360
 of that that's in Denton city limits on the north side of ropes and ranch road and it affects

00:27:15.360 --> 00:27:21.500
 you know the other commercial spaces and everything over there like maybe when we're talking about

00:27:21.500 --> 00:27:24.920
 these notifications because I noticed that even on some of it was some of the other ones

00:27:24.920 --> 00:27:32.040
 that we had at the last meeting that the neighbors that really get notified are really sometimes

00:27:32.040 --> 00:27:38.160
 not that many when you're looking at something like this sure so I would I'll let Angie jump

00:27:38.160 --> 00:27:43.960
 in on the DC RC piece in a second I would just say there's a reason we do multiple layers

00:27:43.960 --> 00:27:47.720
 of notification because the signs that were posted all along the property do serve as

00:27:47.720 --> 00:27:52.560
 that notice to anyone that is in the broader area our notices are compliant with state

00:27:52.560 --> 00:27:57.600
 law and go above and beyond so it would have to be counsel direction for us to change that

00:27:57.600 --> 00:28:02.680
 policy and thus far they have direct us that 500 feet is as far beyond the state law minimum

00:28:02.680 --> 00:28:07.000
 that they would like something I you know I noticed it especially in this case where

00:28:07.000 --> 00:28:14.400
 the majority of that's you know it's all the honor the developer hi Angie Mingler I just

00:28:14.400 --> 00:28:19.100
 wanted to touch on the code notification piece to public hearings and actually it's very

00:28:19.100 --> 00:28:23.640
 timely because we'll talk a little bit about that in our work session here later this evening

00:28:23.640 --> 00:28:27.900
 we did talk briefly about some of the public hearing changes that would be coming forward

00:28:27.900 --> 00:28:33.400
 as a result to changes that were made this legislative session as part of state law they

00:28:33.400 --> 00:28:38.360
 were approved by City Council last night actually I believe they came before this body possibly

00:28:38.360 --> 00:28:44.800
 in November and so and again to just reiterate what Haley is saying we really just updated

00:28:44.800 --> 00:28:48.680
 those to match what state law says because they kind of dictate how that goes but we

00:28:48.680 --> 00:28:52.680
 will talk more about it later in this work session just about those specific changes

00:28:52.680 --> 00:29:00.280
 and what we do to notify the public because this is really us requiring the developer

00:29:00.280 --> 00:29:05.800
 like it's it's the onus is on the developer to send out the notices right remember that

00:29:05.800 --> 00:29:11.520
 correctly the city the city prepares the notices and sends them out the developers is the cause

00:29:11.520 --> 00:29:15.320
 they have to put the signs and they're responsible for the signs but we tell them the frequency

00:29:15.320 --> 00:29:25.720
 the size and the content of those signs okay okay thank you I guess to follow up on that

00:29:25.720 --> 00:29:36.200
 and this came up last month as well with these applications that are near to encore serviced

00:29:36.200 --> 00:29:49.200
 electric areas or or in it do we have a consistent process for doing the 500 foot address poles

00:29:49.200 --> 00:29:55.960
 when it's outside of DME serviced area and how does that work to my knowledge this is

00:29:55.960 --> 00:30:02.880
 DME service area looking at Charlie to see if he knows any different than that and you

00:30:02.880 --> 00:30:07.120
 know just in general I just want to make sure that staff is not having to manually look

00:30:07.120 --> 00:30:12.480
 through 1980s phone books to find addresses right no so we do pull I believe from parcel

00:30:12.480 --> 00:30:17.240
 addresses as well as those utility billing addresses and correlate one list from those

00:30:17.240 --> 00:30:22.520
 two different sources to try to capture everyone but okay yeah Haley is correct in that so

00:30:22.520 --> 00:30:27.920
 the 200 foot notice go to the property owner based on the latest certified tax roll and

00:30:27.920 --> 00:30:36.920
 the 500 foot notices go out to the residents within 500 feet and so that data is by either

00:30:36.920 --> 00:30:44.880
 the address or if we have additional addresses in the example of an apartment complex where

00:30:44.880 --> 00:30:52.560
 there may be a single address in DCADS information but we have multiple units within our utility

00:30:52.560 --> 00:30:56.160
 billing system so that would go out to those additional addresses though so we combine

00:30:56.160 --> 00:31:05.080
 all of that information and send those notices out okay so so in other words leasy addresses

00:31:05.080 --> 00:31:10.960
 either for a commercial development or a multifamily or something like that would be only known

00:31:10.960 --> 00:31:17.840
 to us if they are DME serviced customer is that right no so it would go out to the property

00:31:17.840 --> 00:31:23.960
 so the owner gets a notification and then the property gets a notification okay regardless

00:31:23.960 --> 00:31:29.040
 of that owner is off-site or on-site and then in addition to that we take in the utility

00:31:29.040 --> 00:31:34.760
 billing information so that that's an extra thing so if we don't we don't have the utility

00:31:34.760 --> 00:31:38.920
 billing information outside of our service area but they would still get a notification

00:31:38.920 --> 00:31:47.040
 to that property yeah the owner or the manager of the property would get it but the the residents

00:31:47.040 --> 00:31:52.360
 or or businesses that lease there only get it if they're DME customers that's what it

00:31:52.360 --> 00:31:57.200
 sounds like is that correct no no sorry it would go to the mailbox on the property so

00:31:57.200 --> 00:32:03.400
 if you if you had an address there then it would go to you so if it's unit a then they

00:32:03.400 --> 00:32:08.760
 would go to that person even if they're leasing that property okay so we have a sorry if I'm

00:32:08.760 --> 00:32:14.360
 just slow but we have a database of all the mailing addresses when there's multiple addresses

00:32:14.360 --> 00:32:21.800
 per parcel even if it's not in our utility service area no okay I see what you're saying

00:32:21.800 --> 00:32:27.160
 so it would go to the parcel unless that parcel had multiple addresses on it through DCAT

00:32:27.160 --> 00:32:33.440
 okay yeah okay Commissioner Riggs yeah I think also you're not just pulling from DME you're

00:32:33.440 --> 00:32:37.840
 also pulling from water and trash service and sewer service yeah our utility service

00:32:37.840 --> 00:32:57.800
 billing yeah no yes 100% sorry for my rabbit trailing we'll we'll have opportunities to

00:32:57.800 --> 00:33:07.780
 talk about that soon any other question on this item for Cameron don't see any thanks

00:33:07.780 --> 00:33:22.800
 Cameron brings us to 5f SUP for a modular data center good evening chair members of the Commission

00:33:22.800 --> 00:33:28.000
 Angie mingler assistant planning director this is a specific use permit request for

00:33:28.000 --> 00:33:34.720
 approximately 4.06 acres of land situated approximately 1800 feet south of Jim Crystal

00:33:34.720 --> 00:33:42.400
 Road and east of Western Boulevard adjacent to the RD well substation property has a little

00:33:42.400 --> 00:33:47.420
 bit of split zoning it is predominantly zoned public facilities with a portion of heavy

00:33:47.420 --> 00:33:54.640
 industrial zoning it I'm sorry just lost my train of thought it is surrounded by heavy

00:33:54.640 --> 00:33:59.620
 industrial uses as well as a DME substation and the purpose of this SUP is to permit a

00:33:59.620 --> 00:34:07.360
 modular data center might have include eight modular data center pods and is consistent

00:34:07.360 --> 00:34:11.440
 with the prior approved lease agreement and power purchase agreement with that municipal

00:34:11.440 --> 00:34:17.200
 electric for this parcel of land the area is zoned industrial and the proposed use is

00:34:17.200 --> 00:34:23.400
 consistent with the future land use of industrial commerce for this site staff is recommending

00:34:23.400 --> 00:34:28.520
 approval of the SUP there are several conditions associated with it that were included in your

00:34:28.520 --> 00:34:33.440
 backup and will be shown during regular session but I'm happy to answer any immediate questions

00:34:33.440 --> 00:34:40.140
 you may have at this moment.

00:34:40.140 --> 00:34:45.320
 Commissioner McTuffin yes Angie could you comment on the noise and vibration assessment

00:34:45.320 --> 00:34:49.040
 sure so that's a requirement set forth in the use specific standards and there's kind

00:34:49.040 --> 00:34:56.640
 of two different tiers to that for this particular one given its location in an industrial zoning

00:34:56.640 --> 00:35:02.320
 area and it's not adjacent to any residential land uses they're required to submit an initial

00:35:02.320 --> 00:35:06.920
 assessment which was included in the backup of what the ambient noise is at different

00:35:06.920 --> 00:35:12.440
 points along the property upon installation of the modular data centers they're responsible

00:35:12.440 --> 00:35:18.800
 for verifying that these modular data center pods do not exceed do not create additional

00:35:18.800 --> 00:35:23.360
 noise above I think it's an additional three decibels at those same measurement points

00:35:23.360 --> 00:35:29.960
 so they took initial measurements and their plan shows to be compliant upon installation

00:35:29.960 --> 00:35:36.180
 of everything and once it's up and running they are responsible for submitting verification

00:35:36.180 --> 00:35:40.440
 that they are compliant with that given its use it is sandwiched between an electrical

00:35:40.440 --> 00:35:46.880
 substation and the Peter belt manufacturing in their parking lot it does appear that it's

00:35:46.880 --> 00:35:51.360
 going to be compliant but they're responsible for demonstrating that to us upon completion

00:35:51.360 --> 00:36:01.160
 of their installation thank you I have another one share Eric also and you would you comment

00:36:01.160 --> 00:36:09.120
 on the water supply and known the cooling it seems to me that there's no need for

00:36:09.120 --> 00:36:15.440
 additional water or wastewater that it's self-contained can you talk about that please

00:36:15.440 --> 00:36:22.800
 for our understanding it to the best of my ability I can talk about it yes and so where

00:36:22.800 --> 00:36:30.040
 this site is situated there there is not currently water immediately available to the site in

00:36:30.040 --> 00:36:35.760
 working with you know our fire department as well as landscape I'm sorry I'm not good

00:36:35.760 --> 00:36:43.160
 at multitasking here okay here we go they are providing a water storage tank on site

00:36:43.160 --> 00:36:48.760
 to help establish that landscaping they are using drought tolerant materials as well as

00:36:48.760 --> 00:36:52.880
 fire department did ensure that this could meet their needs should a situation ever arise

00:36:52.880 --> 00:36:58.120
 on site this is not a continually manned site so there won't be you know restroom facilities

00:36:58.120 --> 00:37:01.720
 out there there is a little you know modular office that they'll use predominantly for

00:37:01.720 --> 00:37:09.360
 repairs so this was this explanation was provided to me by the applicant but it is on a closed

00:37:09.360 --> 00:37:15.040
 loop cooling system where these servers do sit in a in a fluid which is circulated through

00:37:15.040 --> 00:37:19.880
 dry coolers and eventually it returns to the tank so it is not a continual water supply

00:37:19.880 --> 00:37:26.240
 source but rather there though the fluid that is in there will be circulated outside through

00:37:26.240 --> 00:37:31.400
 these coolers and then back through reducing the need for continual water supply to the

00:37:31.400 --> 00:37:41.520
 site that's the best I can explain it I'm sorry thank you any other questions Commissioner

00:37:41.520 --> 00:37:51.880
 Dyer when you're looking at this particular overlay that we're doing do you guys all talk

00:37:51.880 --> 00:37:56.320
 about you know I know Commissioner Macduff talked about you know the water needed but

00:37:56.320 --> 00:38:00.520
 what about like all of the power and the energy because data centers do require that I mean

00:38:00.520 --> 00:38:07.760
 yes it's great next to the substation but will that affect any of the surrounding businesses

00:38:07.760 --> 00:38:14.280
 or any like how self-sufficient will they be in there for their energy needs sure they

00:38:14.280 --> 00:38:21.000
 will be able to be supplied without detracting from you know surrounding businesses so Denton

00:38:21.000 --> 00:38:26.360
 municipal electric after our first data center was was approved and constructed out by the

00:38:26.360 --> 00:38:30.920
 main energy center did start to receive several requests from different providers who were

00:38:30.920 --> 00:38:36.400
 wanting to install a data center adjacent to other substations so to make the selection

00:38:36.400 --> 00:38:42.560
 process fair DME did prepare a request for proposals to to outline what they were wanting

00:38:42.560 --> 00:38:46.800
 and solicited that and then this this user was ultimately selected and was determined

00:38:46.800 --> 00:38:51.440
 that they can meet all of the needs of the site and that DME could could supply them

00:38:51.440 --> 00:38:59.880
 within reason and so that that's how we have ultimately got here today okay thank you maybe

00:38:59.880 --> 00:39:06.020
 I'm reading the map wrong is this the old outdoor firing range that is a little bit

00:39:06.020 --> 00:39:11.040
 further to the west okay on the other side of I think western okay it's in the vicinity

00:39:11.040 --> 00:39:28.120
 though got it thank you any other questions thank you Angie all right brings us to 5g

00:39:28.120 --> 00:39:37.560
 our last public hearing for Angie and Julie on ADU and townhome standards yes good evening

00:39:37.560 --> 00:39:42.680
 again I'll be giving kind of a the work session overview but if you have any specific questions

00:39:42.680 --> 00:39:47.240
 of Julia myself happy to answer them but this is a code amendment related to missing middle

00:39:47.240 --> 00:39:53.400
 housing specifically to amendments to townhomes and accessory dwelling units so just a little

00:39:53.400 --> 00:39:57.280
 bit of a summary the purpose of this request is to update several sections of the Denton

00:39:57.280 --> 00:40:02.360
 development code to clarify and refine regulations surrounding missing middle housing as they

00:40:02.360 --> 00:40:08.400
 relate to townhome and accessory dwelling units to facilitate these types of developments

00:40:08.400 --> 00:40:14.720
 as well as remove some of the barriers to entry this is in support of several of our

00:40:14.720 --> 00:40:19.580
 housing goals as outlined in the comprehensive plan the affordable housing toolkit southeast

00:40:19.580 --> 00:40:24.800
 Denton area plan as well as the design downtown Denton plan this does help support a variety

00:40:24.800 --> 00:40:28.360
 of housing needs to meet the community's need for affordable housing choice and neighborhood

00:40:28.360 --> 00:40:33.080
 investment several of these amendments are designed to remove conflicting or complicated

00:40:33.080 --> 00:40:38.880
 language as it relates to streamlining these permitting processes the amendments are consistent

00:40:38.880 --> 00:40:43.080
 with direction received from the planning and zoning commission as it relates to townhomes

00:40:43.080 --> 00:40:48.000
 as well as the development code review committee as it relates to accessory dwelling units overall

00:40:48.000 --> 00:40:52.640
 it does increase opportunity for missing middle housing in the city of Denton and staff is

00:40:52.640 --> 00:40:58.640
 recommending approval of the criteria because it meets the criteria now I know only some

00:40:58.640 --> 00:41:06.320
 of you are on the development code review committee so it did want to provide I'm sorry

00:41:06.320 --> 00:41:13.280
 a little bit of background as well as just an overview of what ADUs and townhomes are

00:41:13.280 --> 00:41:19.160
 so again this purpose is to facilitate townhome and ADU development in the city staff initially

00:41:19.160 --> 00:41:23.440
 presented the townhome amendments to planning and zoning commission as part of a work session

00:41:23.440 --> 00:41:27.440
 the ADUs were workshopped through the development code review committee over several meetings

00:41:27.440 --> 00:41:31.240
 in the spring took a little bit of a break for the legislative session to wrap up and

00:41:31.240 --> 00:41:36.360
 to conduct community engagement we did community engagement for both of these topics together

00:41:36.360 --> 00:41:39.720
 throughout three community meetings that were held in August two of those were in person

00:41:39.720 --> 00:41:45.400
 one was virtual and then a survey was posted following that for about three weeks overall

00:41:45.400 --> 00:41:50.720
 the survey results we received approximately 54 55 responses and the reason for that discrepancy

00:41:50.720 --> 00:41:55.320
 is not every person answered every question but there was general support for the amendments

00:41:55.320 --> 00:42:01.720
 as they were presented so ADUs just again a little bit of a brief overview these are

00:42:01.720 --> 00:42:08.120
 defined as a subordinate dwelling unit that are either added to or created within a single

00:42:08.120 --> 00:42:14.320
 family residential unit it does provide basic requirements for living that includes cooking

00:42:14.320 --> 00:42:20.360
 as well as sanitation HUD code manufactured homes are not ADUs we do currently allow them

00:42:20.360 --> 00:42:26.680
 in all of our residential districts so our R through R7 and in MN is that also permits

00:42:26.680 --> 00:42:32.160
 single family dwellings as it is today on lots that are greater than 10,000 square feet

00:42:32.160 --> 00:42:37.800
 ADUs can be up to a maximum of 50 percent of the primary structure on lots that are

00:42:37.800 --> 00:42:42.580
 less than 10,000 square feet ADUs may be up to 50 percent of the primary dwelling structure

00:42:42.580 --> 00:42:47.560
 however they cannot exceed a thousand square feet and these are some examples just of ADUs

00:42:47.560 --> 00:42:52.640
 as they exist in the city this is a detached one so you can kind of see in the rear you

00:42:52.640 --> 00:42:57.400
 have a portion of that ADU peeking out and then this is actually an attached ADU where

00:42:57.400 --> 00:43:05.880
 this portion has been remodeled to be an accessory dwelling unit that's attached to the primary.

00:43:05.880 --> 00:43:12.880
 Town homes are different they are 3 to 8 attached single family dwelling units each of which

00:43:12.880 --> 00:43:17.740
 is on its own lot so they're separate households they're on their own lot they are currently

00:43:17.740 --> 00:43:25.320
 allowed in the MD, MN, MR, R6 and R7 zoning districts no changes are being proposed as

00:43:25.320 --> 00:43:29.920
 part of these amendments to where town homes are permitted and then town homes are also

00:43:29.920 --> 00:43:35.020
 allowed in the R4 district with an SUP some of the amendments that we're considering as

00:43:35.020 --> 00:43:39.280
 part of this is the lot size the maximum number of units and then open space requirements

00:43:39.280 --> 00:43:44.380
 related to town homes and this is coming out of the work session you all had earlier this

00:43:44.380 --> 00:43:50.600
 year and then also some of the public engagement that we held over the summer. The full presentation

00:43:50.600 --> 00:43:55.500
 will have a little bit more detail into what each of these code amendments are changing

00:43:55.500 --> 00:44:00.200
 and how they may different but staff is recommending approval of these as they meet our criteria

00:44:00.200 --> 00:44:04.540
 and advance missing middle housing goals. I'm happy to answer any questions and Julie

00:44:04.540 --> 00:44:13.880
 is also here. Commissioner Riggs. So you forward us on a letter or email from Mrs. Oldner can

00:44:13.880 --> 00:44:26.920
 you kind of talk to some of the concerns she shared in that letter? Sure. The main concern

00:44:26.920 --> 00:44:31.880
 that a resident had submitted regarding an NADU in the neighborhood was its height and

00:44:31.880 --> 00:44:42.680
 scale as it related to her home and the surrounding homes. Height was not a topic that the DCRC

00:44:42.680 --> 00:44:47.600
 initially looked at and those concerns had been brought up during our discussions and

00:44:47.600 --> 00:44:56.400
 we did look at height and ADUs and as they exist in single family neighborhoods. So and

00:44:56.400 --> 00:45:00.360
 that was the primary concern was the height and if there's something else you're wanting

00:45:00.360 --> 00:45:06.200
 me to elaborate I'm happy to. From the height standpoint as it is today there is no height

00:45:06.200 --> 00:45:11.560
 regulation different from what is allowed in the zoning district for accessory structures

00:45:11.560 --> 00:45:18.360
 meaning in all of our residential zoning districts the maximum height is 40 feet. So an ADU could

00:45:18.360 --> 00:45:25.000
 be up to 40 feet in height. We did talk about at development code review committee a variety

00:45:25.000 --> 00:45:28.840
 of options and never really came to a consensus and so we took it to the public. There were

00:45:28.840 --> 00:45:33.760
 a couple different suggestions that came about. One would be limiting the ADU to the height

00:45:33.760 --> 00:45:37.520
 of that primary structure so if you have a 20 foot tall home you can have a 20 foot tall

00:45:37.520 --> 00:45:42.360
 ADU. Another would be because we have some differing setbacks that could be allowed for

00:45:42.360 --> 00:45:48.080
 accessory structures limiting the height within the primary setbacks for the home to 20 feet

00:45:48.080 --> 00:45:52.240
 but 15 feet if you took advantage of some of the reduced setback options and then the

00:45:52.240 --> 00:45:57.480
 other was no change so continuing to allow the height of the zoning district. The survey

00:45:57.480 --> 00:46:01.600
 results did show most people were okay with the height of the zoning district and that

00:46:01.600 --> 00:46:06.800
 particular circumstance you know that ADU I know we're not here to talk about the specifics

00:46:06.800 --> 00:46:12.000
 of it but just for context did meet all of our requirements it is approximately 19 and

00:46:12.000 --> 00:46:19.400
 a half feet tall. It is taller than the main home but it is within the zoning district

00:46:19.400 --> 00:46:25.680
 and it is situated behind the home and is otherwise architecturally compatible. So and

00:46:25.680 --> 00:46:31.400
 just for for all PNZ's sake but one of the things that we did talk about in DCRC was

00:46:31.400 --> 00:46:35.520
 the possibility of having a garage with a living area above the garage too and that

00:46:35.520 --> 00:46:46.840
 would be taller than the obviously a one-story home so. Any other questions Commissioner MacDuff?

00:46:46.840 --> 00:46:54.200
 Just a comment I'm not sure that I got that letter from Ms. Zoltner. Yeah I believe it

00:46:54.200 --> 00:46:58.320
 was distributed to the Development Code Review Committee because that's what it was asked

00:46:58.320 --> 00:47:05.960
 for. Oh you did get it. No I didn't I said I meant I understand. Got it. Yes she specifically

00:47:05.960 --> 00:47:12.400
 asked I forward it to that committee. I got it I understand but I do have a question short

00:47:12.400 --> 00:47:20.080
 question thanks. On the parking we are and could you comment on the accessory dwelling

00:47:20.080 --> 00:47:29.240
 unit parking on table 7.9.1? Absolutely parking for accessory dwelling units as it is today

00:47:29.240 --> 00:47:36.320
 is one parking space per bedroom. That is I don't want to tier things but I would say

00:47:36.320 --> 00:47:41.680
 it is one of the bigger barriers to entry for individuals looking to add an ADU if you

00:47:41.680 --> 00:47:46.280
 have a two-bedroom ADU also trying to site parking within that it becomes increasingly

00:47:46.280 --> 00:47:51.040
 difficult. It was a recommendation out of I believe the Southeast Dentinary Plan as

00:47:51.040 --> 00:47:55.280
 well as our affordable housing toolkit to look at those parking regulations. So the

00:47:55.280 --> 00:48:00.800
 way it is written today is no additional parking would be required however if you are removing

00:48:00.800 --> 00:48:05.440
 parking that was required for that primary structure to build your ADU you do have to

00:48:05.440 --> 00:48:11.840
 put it back and that is consistent with how we treat parking with single family today

00:48:11.840 --> 00:48:22.720
 when new permits come in. Okay. Commissioner Dyer. In looking at the updated language that

00:48:22.720 --> 00:48:28.600
 the development code review committee came out with do you remember what the vote was

00:48:28.600 --> 00:48:39.000
 when we voted on all that like was it a unanimous vote? For consensus? Yeah. It is because I

00:48:39.000 --> 00:48:43.600
 remember there was some back and forth. Sure and I tried to call out that specifically

00:48:43.600 --> 00:48:50.120
 in the staff I'm sorry the AIS. I will say it is difficult because we don't take votes

00:48:50.120 --> 00:48:55.520
 in DCRC but we reached consensus. Everything did have overwhelming consensus to move forward.

00:48:55.520 --> 00:49:03.400
 The one spot we did get a little bit of dialogue on was this is just going to be easier if

00:49:03.400 --> 00:49:11.600
 I can show you. Trying to talk off the top of my head. But allowing ADUs to be accessory

00:49:11.600 --> 00:49:17.840
 to other structures was where some of the there wasn't as clear consensus and let me

00:49:17.840 --> 00:49:24.680
 rephrase that. When these initially went through the development code review committee we were

00:49:24.680 --> 00:49:28.960
 looking at how can we expand options for people who maybe have a town home and want to renovate

00:49:28.960 --> 00:49:34.280
 their garage or possibly have a duplex on a slightly larger lot. There was quite a bit

00:49:34.280 --> 00:49:40.880
 of back and forth but we did get to a point of consensus of allowing ADUs for lots where

00:49:40.880 --> 00:49:44.880
 it works. Now just because you allow it doesn't mean every lot is going to work but for town

00:49:44.880 --> 00:49:53.220
 homes, duplexes and triplexes one per unit was generally acceptable and the community

00:49:53.220 --> 00:49:58.800
 found that to be the case as well. 70% of individuals said they were okay with it and

00:49:58.800 --> 00:50:03.840
 then some others either disagreed or didn't have an opinion one way or the other. Coming

00:50:03.840 --> 00:50:09.660
 back to DCRC we did have some additional dialogue about what if we allowed and this was your

00:50:09.660 --> 00:50:15.280
 recommendation so if I get it wrong correct me but I think it was one ADU per unit within

00:50:15.280 --> 00:50:20.200
 a duplex so possibly one duplex could have two ADUs and that did spark some additional

00:50:20.200 --> 00:50:26.920
 dialogue. I tried to call it all out and highlight it in the AIS. The language that is included

00:50:26.920 --> 00:50:32.400
 in your ordinance is the one per principal dwelling unit because that's what we did receive

00:50:32.400 --> 00:50:37.800
 consensus on and public direction on but noting that if a separate recommendation for that

00:50:37.800 --> 00:50:42.920
 was wanted I tried to lay out the different discussions that were had at that time. Yeah

00:50:42.920 --> 00:50:48.240
 tell me commissioners if I am not remembering this correctly but I think we were talking

00:50:48.240 --> 00:50:54.480
 about you know a duplex or a triplex or a fourplex and how many ADUs we were going to

00:50:54.480 --> 00:51:01.760
 allow that's where the big conversation of the parking kind of came in. I think we did

00:51:01.760 --> 00:51:06.440
 have some conversation about parking at that time and so I do want to clarify one thing.

00:51:06.440 --> 00:51:11.320
 It would be one ADU for those structures it was duplexes we were looking at possibly allowing

00:51:11.320 --> 00:51:16.900
 up to two one per side and the reason the other ones would be limited is because once

00:51:16.900 --> 00:51:22.120
 you get five or more units on a lot we classify that as multifamily and so we're no longer

00:51:22.120 --> 00:51:27.840
 in the realm of ADUs we've actually we've kind of gone into our multifamily definition

00:51:27.840 --> 00:51:35.280
 so it wouldn't work in some of the other situations. Okay thank you. So just one question so that

00:51:35.280 --> 00:51:42.960
 I understand what the the red line text the final text means when we talk about per principal

00:51:42.960 --> 00:51:52.080
 dwelling unit are there one or two principal dwelling units on a lot with a duplex? That

00:51:52.080 --> 00:51:56.280
 is a that may need to be wordsmithed a little bit but my understanding would be you could

00:51:56.280 --> 00:52:02.240
 have one ADU for your duplex the duplex being that structure with two units within it but

00:52:02.240 --> 00:52:07.800
 I take your point that could maybe be wordsmithed a little bit to clarify. Okay. You can have

00:52:07.800 --> 00:52:13.240
 you may have one per structure. Okay so that's that staff's recommendation. Yes that's staff's

00:52:13.240 --> 00:52:19.500
 recommendation. And I we'll talk about it more in the in the hearing. I'd appreciate

00:52:19.500 --> 00:52:27.760
 if you could go back and double check I think DCRC's consensus on that was to allow one

00:52:27.760 --> 00:52:33.500
 per dwelling unit on duplexes. We did not reach consensus and the direction was to to try

00:52:33.500 --> 00:52:39.720
 and highlight that and I I tried to in the AIS as best I could. Got it. But and and that

00:52:39.720 --> 00:52:44.160
 was where things did start to get a little less clear on where we all were that was your

00:52:44.160 --> 00:52:49.760
 recommendation. Okay. And so the direction was to. It was split so we get to talk about

00:52:49.760 --> 00:52:53.760
 it some more. Try and talk about it some more. Sounds great. So I kept the language as we

00:52:53.760 --> 00:53:00.920
 saw it originally but it is open to a you know discussion. Okay. Any other questions?

00:53:00.920 --> 00:53:12.680
 I don't see any thank you. Brings us to our work session item. Let's yeah we got 30 minutes

00:53:12.680 --> 00:53:18.720
 let's let's take a eight minute pause because that's how many minutes it took last time

00:53:18.720 --> 00:53:25.240
 grab food and come back and do the the work session item on notifications. So at five

00:53:25.240 --> 00:53:35.320
 fifty seven we'll take eight minute recess. Good afternoon at six oh six p.m. We will

00:53:35.320 --> 00:53:44.780
 reconvene the planning and zoning work session and we are taking our item three a work session

00:53:44.780 --> 00:53:55.920
 report PZ twenty five dash two thirty six engagement and then we're going to bring Angie

00:53:55.920 --> 00:54:02.440
 in. So so you'll have two on this one time. So what tonight we're going to be talking

00:54:02.440 --> 00:54:08.800
 about just a brief review of our notification and protest procedures some public engagement

00:54:08.800 --> 00:54:13.160
 types and strategies some lessons learned and then also best practices for commissioners

00:54:13.160 --> 00:54:18.940
 when engaging with residents or developers. So first we're going to talk about public

00:54:18.940 --> 00:54:24.640
 notification and protest procedures. We thought this was a good time to talk about this because

00:54:24.640 --> 00:54:31.000
 of the recent legislative changes. So we're just going to talk briefly about about what

00:54:31.000 --> 00:54:36.480
 that means and how it affects how we move forward with these projects. So when is public

00:54:36.480 --> 00:54:41.960
 notification required for your purposes. Public notification is required for any of those

00:54:41.960 --> 00:54:49.240
 comprehensive plan amendments and zoning amendments that could be both map rezoned a PD or text

00:54:49.240 --> 00:54:54.840
 specific use permits and then alternative ESA plans. Public notification is also required

00:54:54.840 --> 00:55:02.800
 for annexation and historic and conservation district designations. So the first legislation

00:55:02.800 --> 00:55:07.840
 I want to talk about was in twenty twenty three and it was it established the nine to

00:55:07.840 --> 00:55:13.880
 nine notice. You don't see this one very often but it is intended to notify relevant parties

00:55:13.880 --> 00:55:19.700
 that a proposed change in zoning map or text might cause their current existing use to

00:55:19.700 --> 00:55:24.640
 become nonconforming. There have been a couple of them in the last couple of years. The one

00:55:24.640 --> 00:55:30.800
 I remember is we had an amendment to our elderly housing regulations. It made one facility

00:55:30.800 --> 00:55:36.160
 in the city nonconforming. So the city sent a notice not only to the property owner but

00:55:36.160 --> 00:55:43.840
 also all residents who lived in that facility. Recently you heard in November and council

00:55:43.840 --> 00:55:50.960
 approved last night state law changes to notification from this year and it created some categories

00:55:50.960 --> 00:55:56.640
 of zoning change for notification. One is a comprehensive zoning change and that's any

00:55:56.640 --> 00:56:03.200
 city initiated zoning change right zoning regulation change that would allow more housing

00:56:03.200 --> 00:56:08.680
 to be built. It could also include adoption of a new zoning code or map that applies to

00:56:08.680 --> 00:56:14.200
 the entire city and adoption of an overlay that would add more housing but is also on

00:56:14.200 --> 00:56:19.000
 a major roadway. And then the other categories that relates to notification is just all of

00:56:19.000 --> 00:56:24.200
 their zoning changes. So how are those treated with notification. Well for the comprehensive

00:56:24.200 --> 00:56:30.480
 zoning change the notification requirement is to publish in the newspaper and then also

00:56:30.480 --> 00:56:36.840
 publish online. No written notification is required. For zoning cases that would render

00:56:36.840 --> 00:56:43.180
 current use nonconforming that's that nine to nine notice. We would use all of our typical

00:56:43.180 --> 00:56:49.960
 notices and that is published in the newspaper published on our website a letter to property

00:56:49.960 --> 00:56:55.760
 owners within two hundred feet and then a letter to residents within five hundred feet

00:56:55.760 --> 00:57:00.440
 plus a sign on the property. The nine to nine notice would take it a little further and

00:57:00.440 --> 00:57:06.840
 that we would need to send a letter to both to both the property owners as well as any

00:57:06.840 --> 00:57:12.400
 tenants or residents for both the planning and zoning commission and city council informing

00:57:12.400 --> 00:57:18.320
 them that the proposal might make their use nonconforming. And the state legislature was

00:57:18.320 --> 00:57:24.000
 very specific and what had to go in that notice and that that language needed to be in fourteen

00:57:24.000 --> 00:57:30.960
 point type and bold. So our notices had to tend to reflect that. And then all other zoning

00:57:30.960 --> 00:57:36.640
 cases would would really just follow our typical standards where there is a small change is

00:57:36.640 --> 00:57:45.520
 that the city of Denton has has a policy related to signs signs to be posted on the property

00:57:45.520 --> 00:57:50.640
 and they were fairly large signs. I don't remember the exact size two by three I think

00:57:50.640 --> 00:57:54.800
 and they have to be put every five hundred feet along rights of way. The state legislature

00:57:54.800 --> 00:58:00.960
 changed that size to twenty four inches long by 40 48 inches wide. So that increases them

00:58:00.960 --> 00:58:06.620
 by six inches essentially. So it's still a large sign but slightly larger than what the

00:58:06.620 --> 00:58:13.940
 city of Denton required prior to when it comes to protest. Twenty twenty three didn't have

00:58:13.940 --> 00:58:21.240
 any changes to protest but twenty twenty five did have those changes to protest and it included

00:58:21.240 --> 00:58:26.140
 those categories of zoning change with one one additional. First you got the comprehensive

00:58:26.140 --> 00:58:31.920
 zoning change the the adding more housing that the item that would apply to all the

00:58:31.920 --> 00:58:39.080
 entire city or or on a major roadway zoning changes which would allow additional housing

00:58:39.080 --> 00:58:44.200
 or meet specific standards for mixed use development and that would be limitations on commercial

00:58:44.200 --> 00:58:49.600
 industrial development. That could be property property owner initiated and then all other

00:58:49.600 --> 00:58:56.980
 zoning changes. So we have three types for protest. So how do that how do those work.

00:58:56.980 --> 00:59:03.680
 So the comprehensive zoning change that is exempt from the protest procedure. So of course

00:59:03.680 --> 00:59:09.520
 residents can can speak it at any public hearing provide any written protest or any written

00:59:09.520 --> 00:59:15.840
 feedback to that but it would not trigger any additional voting requirements in order

00:59:15.840 --> 00:59:22.280
 to approve it. Those zoning changes which allow additional housing or meet those specific

00:59:22.280 --> 00:59:28.400
 standards for mixed use development those protest procedures changed in that if the

00:59:28.400 --> 00:59:34.120
 city receives written protest from owners of at least 60 percent of the lots or land

00:59:34.120 --> 00:59:39.960
 within two hundred feet of the request that would require a majority of all city council

00:59:39.960 --> 00:59:46.160
 members to vote in the affirmative to approve it. So what does that mean. Well the city has seven

00:59:46.160 --> 00:59:50.760
 city council members so it would require four regardless of how many were sitting on the

00:59:50.760 --> 00:59:55.820
 dais. So if you have all seven you just have a simple majority. If you only have five there

00:59:55.820 --> 01:00:01.520
 you have to have four out of five. That makes sense. And then all other zoning cases really

01:00:01.520 --> 01:00:08.640
 follow our previous practice and that is if if we receive written opposition from owners

01:00:08.640 --> 01:00:18.960
 of any land of 20 percent of the property 200 feet from sorry if you we receive written

01:00:18.960 --> 01:00:25.000
 opposition from owners of any lots of land within 200 feet of the property if that if

01:00:25.000 --> 01:00:29.360
 that equals 20 percent then it would require a super majority of city council members and

01:00:29.360 --> 01:00:38.600
 that is six out of seven. So what does that look like in terms of that increase in residential

01:00:38.600 --> 01:00:45.480
 housing or mixed use. That 60 percent it would be 60 percent of the area between the yellow

01:00:45.480 --> 01:00:52.880
 line and the red line. It's not 60 percent of the lots. It is 60 percent of the area.

01:00:52.880 --> 01:00:59.200
 All other zoning cases it would require 20 percent of between the yellow line and the

01:00:59.200 --> 01:01:05.600
 red streets are counted toward that area. And if the red line bisects a lot say there

01:01:05.600 --> 01:01:12.840
 is a a lot right on them on that line. Only that portion that is between the yellow and

01:01:12.840 --> 01:01:20.640
 red lines would count. There is one other thing that also comes out fairly frequently

01:01:20.640 --> 01:01:26.920
 and that is notification to the extraterritorial jurisdiction. That property is outside of

01:01:26.920 --> 01:01:37.000
 city limits. The state attorney general has issued a a opinion on on whether cities need

01:01:37.000 --> 01:01:43.460
 to notify people within the E.T.J. And it is because it is outside of the city's jurisdiction

01:01:43.460 --> 01:01:53.000
 and taxable boundaries. Cities are not required to notify property owners within the E.T.J.

01:01:53.000 --> 01:01:59.000
 If you're accurate I want to add a little bit of legal color. So this opinion was in

01:01:59.000 --> 01:02:04.880
 response to a city asking a question about hey do we have to notice the E.T.J. And so

01:02:04.880 --> 01:02:10.960
 the opinion is just an interpretation of the existing statute and confirms that Denton

01:02:10.960 --> 01:02:17.040
 is on the right track and doing everything correctly. Now we often hear from community

01:02:17.040 --> 01:02:22.040
 members who are in the E.T.J. And of course they can come and speak with the planning

01:02:22.040 --> 01:02:25.480
 and zoning commission or provide feedback to staff which will provide to the planning

01:02:25.480 --> 01:02:30.800
 and zoning commission. But any any feedback or written notice that they provide to us

01:02:30.800 --> 01:02:38.040
 cannot go toward that 20 percent opposition or that 60 percent opposition that that would

01:02:38.040 --> 01:02:43.240
 require that additional voting regulation. Does that make sense. So we can hear from

01:02:43.240 --> 01:02:49.320
 them but but it doesn't go toward that super majority requirement. And here's just all

01:02:49.320 --> 01:02:55.400
 of our public notification materials. Here's what they look like. We have a sign. We also

01:02:55.400 --> 01:03:00.640
 post on the Web site here looks like that. This is the postcard that sent to property

01:03:00.640 --> 01:03:07.120
 owner or sorry residents within 500 feet newspaper notice here in the center. This is our nine

01:03:07.120 --> 01:03:13.700
 to nine notice with that 14 point bold in a red box to see kind of what it looks like.

01:03:13.700 --> 01:03:19.100
 And then we have our typical letter that we send to property owners within 200 feet. Finally

01:03:19.100 --> 01:03:23.820
 the planning and zoning commission. Those agendas are posted online and the city allows

01:03:23.820 --> 01:03:29.380
 for e-comments. So you probably get those from Kathy before the meeting. And here's

01:03:29.380 --> 01:03:36.480
 what what that area of the Web site looks like. The city also goes one step further

01:03:36.480 --> 01:03:44.280
 and that residents or interested people may may register to get notifications if something

01:03:44.280 --> 01:03:52.440
 is happening. So I a resident can can go to the Web site and fill out this form provide

01:03:52.440 --> 01:03:58.000
 their name email address and then and then show a location on a map and what kind of

01:03:58.000 --> 01:04:02.800
 buffer they want from the map so that they would get notification if any project was

01:04:02.800 --> 01:04:10.640
 coming in in that area. So it's kind of nice. Feel free to encourage people to sign up.

01:04:10.640 --> 01:04:15.300
 So that ends for notification. And now we're going to talk about public engagement types

01:04:15.300 --> 01:04:19.260
 and strategies. We're going to kind of shift gears and that the notification really is

01:04:19.260 --> 01:04:25.540
 something that you you comes into play with when when a request is coming before you or

01:04:25.540 --> 01:04:31.740
 there there is a change. The public engagement types and strategies are are often when when

01:04:31.740 --> 01:04:38.680
 they are when they are done by the city staff or are sort of an affirmative planning like

01:04:38.680 --> 01:04:42.680
 is this what the community wants to see. Is it a long range planning. Is it it's some

01:04:42.680 --> 01:04:48.520
 sort of change in the regulation. So it's a little bit different. Our general goals

01:04:48.520 --> 01:04:51.640
 for public engagement. First of all we want to listen to the community. We want to hear

01:04:51.640 --> 01:04:56.640
 what the community has to say. We'd love to maximize participation from area or topic

01:04:56.640 --> 01:05:01.760
 stakeholders or ensure that representation or participation is from a representative

01:05:01.760 --> 01:05:07.160
 sample. Of course we want to inform the community members about what's going on as well as educate

01:05:07.160 --> 01:05:13.460
 about planning practices and and and issues. We want to build relationships. So much of

01:05:13.460 --> 01:05:19.080
 our area planning and comprehensive planning efforts go out or are about meeting people

01:05:19.080 --> 01:05:23.800
 in the community and forming those relationships. Capture feedback to apply to a project. And

01:05:23.800 --> 01:05:29.680
 of course we always want to stay within a budget. We're going to talk about several

01:05:29.680 --> 01:05:35.240
 types of public engagement and I've got them grouped into four categories. So this first

01:05:35.240 --> 01:05:41.160
 category is pop up event or intercept surveys. And for those of y'all who weren't on the

01:05:41.160 --> 01:05:45.200
 planning and zoning commission when we went forward with the design downtown Denton or

01:05:45.200 --> 01:05:50.520
 the southeast end area plan you may not be as familiar with this technique but it's essentially

01:05:50.520 --> 01:05:56.120
 going out in the community where where the people are. So you can kind of you can stand

01:05:56.120 --> 01:06:00.440
 in front of a restaurant and ask people questions if they want to participate. You could talk

01:06:00.440 --> 01:06:06.360
 to community members at events be there and and be able to provide information or get

01:06:06.360 --> 01:06:12.120
 feedback. We've gone to rec centers. We've gone to elementary schools. We've done the

01:06:12.120 --> 01:06:16.360
 parking day on the square. So there are a lot of different opportunities and and there's

01:06:16.360 --> 01:06:20.240
 probably no one right way to do it. We just try to think of ways that we could get out

01:06:20.240 --> 01:06:26.420
 in front of people. So this strategy what are the advantages or what are the disadvantages

01:06:26.420 --> 01:06:31.980
 and pitfalls advantages. You can capture groups that would typically not come to a community

01:06:31.980 --> 01:06:38.360
 meeting. Not everybody has time to come to the community meeting or or visioning or feedback

01:06:38.360 --> 01:06:43.360
 session so you can kind of get people where they are. They could be inexpensive pretty

01:06:43.360 --> 01:06:50.000
 easy to do straightforward preparation clipboard a table maybe some boards. You don't have

01:06:50.000 --> 01:06:52.980
 to market it. You don't have to send out postcards because you're just you're going to be out

01:06:52.980 --> 01:06:57.560
 in the community. You could capture qualitative data. You could talk to people and then there's

01:06:57.560 --> 01:07:01.600
 also just those happy accidents where you can meet the right person or you can find

01:07:01.600 --> 01:07:06.880
 out something about the community that you wouldn't have otherwise known. There are disadvantages.

01:07:06.880 --> 01:07:12.800
 I would say probably it's third on the list but probably wind is one of the biggest problems

01:07:12.800 --> 01:07:18.680
 especially if you're outside and you have boards. We also it can be difficult to ensure

01:07:18.680 --> 01:07:23.920
 that the respondents or participants are actually those stakeholders within the question we're

01:07:23.920 --> 01:07:30.880
 asking. While it can be very inexpensive inexpensive it can also get expensive depending on how

01:07:30.880 --> 01:07:37.520
 how you structure your pop up. Location is important. If we are trying to reach a certain

01:07:37.520 --> 01:07:41.840
 community or stakeholder we need to think really hard about where those groups are going

01:07:41.840 --> 01:07:46.520
 to be and that's where we need to be. You don't want to go to a senior center to talk

01:07:46.520 --> 01:07:53.080
 about something some playground. Right. So you want to make sure that you match your

01:07:53.080 --> 01:07:59.080
 your location with your group. And these are great for strategy for plans or questions

01:07:59.080 --> 01:08:02.960
 that really have broad interest. Once again because we can't necessarily control who's

01:08:02.960 --> 01:08:08.660
 who's giving feedback. We also have online surveys. We did these with we did them with

01:08:08.660 --> 01:08:15.280
 townhomes and missing middle. We've also done them with the area plans. These are really

01:08:15.280 --> 01:08:19.320
 convenient. They're convenient to put together. They're convenient for for residents to fill

01:08:19.320 --> 01:08:25.440
 out. They can do it in their pajamas. They're inexpensive. Pretty turnkey. The results are

01:08:25.440 --> 01:08:31.120
 really easy to tabulate. It's called it's quantitative data low barrier to entry. Easy

01:08:31.120 --> 01:08:37.880
 to do. And we get we can formalize those messages. The disadvantages once again hard to determine

01:08:37.880 --> 01:08:43.080
 if the respondents are actually those stakeholders on that question on the platform may skew

01:08:43.080 --> 01:08:49.920
 results. They're not everybody is is wants to take surveys online. We want to make sure

01:08:49.920 --> 01:08:54.920
 we write good survey questions right. We want to make sure we get the right information.

01:08:54.920 --> 01:08:58.740
 It is hard to capture those that qualitative data. We're not getting the stories from the

01:08:58.740 --> 01:09:05.120
 community right. We're not making those connections and forming those relationships. The the the

01:09:05.120 --> 01:09:12.240
 next engagement strategy are those community meetings. Those can take the form of visioning

01:09:12.240 --> 01:09:18.080
 workshops and formal presentations. We can do preference surveys. We can report findings

01:09:18.080 --> 01:09:25.160
 back to the community. These are are these are those typical community meetings that

01:09:25.160 --> 01:09:32.400
 that that we're all familiar with where we invite residents or or stakeholders to to

01:09:32.400 --> 01:09:40.360
 a big room and we all talk. These are the bread and butter. These are the historically

01:09:40.360 --> 01:09:48.000
 used engagement activity. You often attract those passionate participants because think

01:09:48.000 --> 01:09:51.800
 about it they had to get dressed and they had to drive somewhere and they had to take

01:09:51.800 --> 01:09:56.480
 time out of their time of their schedule. And so they want to be there. You could get

01:09:56.480 --> 01:10:00.880
 qualitative data. You could talk to people. You can understand where they're coming from.

01:10:00.880 --> 01:10:05.960
 It is a great strategy for specific projects. You can make sure that your community meeting

01:10:05.960 --> 01:10:12.880
 is in the right spot and invite the right people right. And once again develop relationships

01:10:12.880 --> 01:10:17.480
 as as with online surveys. It's but it's a little bit different. It can sometimes skew

01:10:17.480 --> 01:10:23.840
 those results because you attract a different type of of community member someone who maybe

01:10:23.840 --> 01:10:28.920
 isn't a parent or a student or who works normal business hours right. It's really hard for

01:10:28.920 --> 01:10:34.080
 people for parents or people who work shift work to come to community meetings. They don't

01:10:34.080 --> 01:10:40.160
 have the time. Once again you also have those passionate participants so that could be a

01:10:40.160 --> 01:10:43.720
 good thing and a bad thing. You have people who are really really interested but you don't

01:10:43.720 --> 01:10:48.320
 hear from those people who who you know might have an opinion or might have some insight

01:10:48.320 --> 01:10:53.640
 but they're just not passionate about the idea. Quantitative data is harder to measure.

01:10:53.640 --> 01:10:59.280
 You're not you're not necessarily making tallies not necessarily representative sample. You

01:10:59.280 --> 01:11:05.760
 have to use marketing so that budget comes into play intensive preparation for staff.

01:11:05.760 --> 01:11:09.800
 You're putting together you're you're doing postcards. You're you're putting door hangers

01:11:09.800 --> 01:11:14.920
 out. You're doing all those things and then you're putting together presentations and

01:11:14.920 --> 01:11:19.000
 then finally small groups. That's where we're getting you to focus groups steering committees

01:11:19.000 --> 01:11:26.480
 stakeholder interviews and design Tourette's. So these are probably the most intensive engagement

01:11:26.480 --> 01:11:32.080
 activity when you're asking a community member stakeholder resident to participate. Again

01:11:32.080 --> 01:11:35.480
 you get those passionate participants. Think about it if you're on a steering committee

01:11:35.480 --> 01:11:42.520
 for a project you want to be there because you're going to be there many times. It ensures

01:11:42.520 --> 01:11:48.240
 participation from a specific group or or topic or area. If you know you want to talk

01:11:48.240 --> 01:11:53.480
 to people who ride bikes you can invite people who ride bikes right. You get qualitative

01:11:53.480 --> 01:11:57.560
 data and that deeper understanding. You don't have to market. You just have to call people

01:11:57.560 --> 01:12:04.280
 or invite people. You could develop relationships. It can be inexpensive. Once again you gotta

01:12:04.280 --> 01:12:10.520
 have participants who are are dedicated to the project and could give that time. It can

01:12:10.520 --> 01:12:16.400
 be intensive to prepare. Once again quantitative data can be hard to find. You're not you're

01:12:16.400 --> 01:12:21.480
 not you know it's not a survey or a poll. And you can you want to make sure you have

01:12:21.480 --> 01:12:26.440
 the right people there. You want you want to make sure all stakeholders all represented

01:12:26.440 --> 01:12:32.600
 groups are at the table to ensure that your data adequately captures what you want to

01:12:32.600 --> 01:12:41.320
 capture. So with that I'm going to turn it over to Angie. She's going to talk faster.

01:12:41.320 --> 01:12:47.320
 Luckily we really gave Julie most of the speaking. So I'll be quick. So we just want to go over

01:12:47.320 --> 01:12:50.560
 some of the lessons learned and then I'll cover best practices from commissioners. So

01:12:50.560 --> 01:12:55.080
 as you saw over the last couple of years I think particularly end of twenty two into

01:12:55.080 --> 01:13:01.160
 twenty three we did a lot of public engagement. So we have some lessons learned mistrust and

01:13:01.160 --> 01:13:06.160
 misinformation kind of that kind of sometimes go hand in hand. It just depends on who you're

01:13:06.160 --> 01:13:11.080
 talking to in the communities that you're in. There may just be some some mistrust in

01:13:11.080 --> 01:13:15.120
 the community of what is the city's intentions. Maybe you've had a bad experience and that's

01:13:15.120 --> 01:13:19.040
 something that you it's a barrier that exists. We're aware of it. And so that's why a lot

01:13:19.040 --> 01:13:26.240
 of our engagement efforts are just relation building and just listening to people. Misinformation

01:13:26.240 --> 01:13:32.280
 especially in you know the age of the Internet is easy to to come across and it's easy to

01:13:32.280 --> 01:13:38.160
 perpetuate going hand in hand with some of those things as some fear change is sometimes

01:13:38.160 --> 01:13:42.200
 difficult. So when you see you're being invited to a community meeting to talk about as you

01:13:42.200 --> 01:13:48.040
 know a city initiated project it could create some fear. I think more than that we see apathy

01:13:48.040 --> 01:13:52.760
 kind of like Julie mentioned you do get you're very interested in passionate community members

01:13:52.760 --> 01:13:59.540
 but those who maybe have great ideas there's just not as much interest in coming. Likewise

01:13:59.540 --> 01:14:03.800
 getting some of your your younger population to participate in things can be difficult

01:14:03.800 --> 01:14:08.840
 and then budget you know if we could throw a pizza party every other week and get a couple

01:14:08.840 --> 01:14:12.920
 hundred people out that would be great but it's just sometimes not the reality. So you

01:14:12.920 --> 01:14:19.240
 do have to start to think a little bit creatively. We have learned an awful lot and ways to overcome

01:14:19.240 --> 01:14:23.780
 some of these barriers. One is tailoring your community engagement to your audience and

01:14:23.780 --> 01:14:28.920
 your project goals. Once you have kind of your you know your stakeholders making sure

01:14:28.920 --> 01:14:33.880
 you're updating people regularly on those project status types. We really find discussed

01:14:33.880 --> 01:14:37.600
 and has been helpful specifically as we work through some of our bigger code amendments

01:14:37.600 --> 01:14:43.780
 as well as area plans. Your silent community validators can really be your biggest champions

01:14:43.780 --> 01:14:46.800
 you know your people who are invested in the community and building relationships with

01:14:46.800 --> 01:14:52.040
 them can be really important. Likewise so is just spending time in the community becoming

01:14:52.040 --> 01:14:59.440
 a face that they know and recognize. Words matter and along with that education is important

01:14:59.440 --> 01:15:04.040
 as we saw tonight like planners are pretty guilty of using jargon or acronyms all the

01:15:04.040 --> 01:15:08.880
 time like clomer or lomer making sure we're using words that everybody understands or

01:15:08.880 --> 01:15:14.040
 educating them on what it is that we're talking about. Creativity and variety are also super

01:15:14.040 --> 01:15:18.360
 important we are sometimes not the most creative group but when we do show a little bit it

01:15:18.360 --> 01:15:23.800
 does go a long way. I'm trying to find ways to be interactive also ways to encourage families

01:15:23.800 --> 01:15:30.280
 to come out by providing you know activities specific for children. Branding it was super

01:15:30.280 --> 01:15:33.140
 important for the downtown plan as you can see at the bottom here we had these little

01:15:33.140 --> 01:15:37.200
 coasters with their logo on it you see you still see stickers around town it gave people

01:15:37.200 --> 01:15:41.880
 like some stake in that project and then no matter what you do at the end of the day you

01:15:41.880 --> 01:15:46.560
 can't and you won't please everybody. That's just something that we as staff know and it's

01:15:46.560 --> 01:15:51.980
 just kind of how it goes sometimes. That's a lot about public engagement. I do want to

01:15:51.980 --> 01:15:55.800
 talk just a little bit it'll be it'll be brief I know we're close to time on just some of

01:15:55.800 --> 01:16:02.280
 the best practices when engaging with residents and or developers. These are mostly just reminders

01:16:02.280 --> 01:16:07.720
 for you all as communicating and engaging in dialogue is going to be largely an individual

01:16:07.720 --> 01:16:13.720
 choice. When in doubt ask your council member what their expectations are for you but should

01:16:13.720 --> 01:16:18.220
 you choose to engage in dialogue either with residents or developers. These are some of

01:16:18.220 --> 01:16:24.320
 our tips and best practices. First use your city email especially when communicating with

01:16:24.320 --> 01:16:29.140
 the public or developers about city business or anything related to you as a commissioner.

01:16:29.140 --> 01:16:32.600
 Just remember the Texas Open Meetings Act so that keeps all of your city things in one

01:16:32.600 --> 01:16:38.120
 email and it keeps your personal email personal and separate from all of that. If you do choose

01:16:38.120 --> 01:16:43.120
 to meet with a developer filling out this little handy disclosure form is great and

01:16:43.120 --> 01:16:49.280
 we encourage it. It is optional. Alternatively you can also disclose at the dais you know

01:16:49.280 --> 01:16:53.440
 during public hearing and deliberation hey I met with Mr. Smith these are the things

01:16:53.440 --> 01:16:57.840
 we talked about just so everybody on the commission does know that you did meet and kind of what

01:16:57.840 --> 01:17:02.000
 you talked about to be as transparent as possible. Also if you gleaned anything that might be

01:17:02.000 --> 01:17:07.920
 of benefit it's being shared transparently. Neighborhood meetings they're optional you

01:17:07.920 --> 01:17:12.420
 may sometimes be asked to attend. Staff does attend to just keep notes on what was talked

01:17:12.420 --> 01:17:17.640
 about. If you do attend we ask that you please be mindful of quorum so if you see four or

01:17:17.640 --> 01:17:23.220
 more of you we would ask that maybe you self-moderate and somebody can recuse themselves otherwise

01:17:23.220 --> 01:17:29.000
 if staff is present we might be like hey sorry you're the last one here we have a quorum

01:17:29.000 --> 01:17:34.920
 and then likewise be mindful of inadvertently creating situations which might be a walking

01:17:34.920 --> 01:17:40.960
 quorum. So good ways to avoid that is try not to reply all to any emails especially

01:17:40.960 --> 01:17:45.000
 if it includes all of you. We as staff when we communicate with you do try to blind copy

01:17:45.000 --> 01:17:50.080
 you at all times so that's not an option but if a resident emails be mindful of that replying

01:17:50.080 --> 01:17:56.520
 all likewise try not to daisy chain emails and so if I email Commissioner Pruitt he's

01:17:56.520 --> 01:18:00.520
 like hey this is super cool I'm gonna send it to Commissioner Dyer and then we send it

01:18:00.520 --> 01:18:05.520
 to Commissioner McDuff and we've created this like we've created a walking quorum. So those

01:18:05.520 --> 01:18:11.080
 are things to be mindful of just when manning your email as well as when you when you talk

01:18:11.080 --> 01:18:15.640
 to people but again largely an individual choice these are just some of our suggestions

01:18:15.640 --> 01:18:20.840
 for how to handle things if you do choose to engage again with the public or with developers

01:18:20.840 --> 01:18:28.040
 biggest takeaway city email is your friend but not forwarding it to your other commissioners.

01:18:28.040 --> 01:18:33.800
 We will be sure to share this presentation with you all it was a lot of information but

01:18:33.800 --> 01:18:38.120
 can answer any immediate questions or I don't know how you want to handle it I know we're

01:18:38.120 --> 01:18:42.240
 close on time. Yeah I mean I think it's an important topic so I want to make sure questions

01:18:42.240 --> 01:18:50.560
 are answered. Just to kick it off I recall one of the work sessions that council had

01:18:50.560 --> 01:18:57.120
 on developer notifications of meetings and this sort of thing that set the policy framework

01:18:57.120 --> 01:19:03.080
 for that voluntary disclosure and at the time our city manager who is Todd Heilman at the

01:19:03.080 --> 01:19:15.080
 time you know he said that different cities do it a lot of different ways and in his opinion

01:19:15.080 --> 01:19:22.000
 the private meeting between a city council member or in this case a commissioner and

01:19:22.000 --> 01:19:32.080
 a developer opens up the opportunity for you know things that may be partial truths or

01:19:32.080 --> 01:19:38.760
 things that may not be said in open to be shared his suggestion at the time was that

01:19:38.760 --> 01:19:45.000
 the best way to protect that if you do feel like it would be beneficial to your deliberations

01:19:45.000 --> 01:19:50.760
 to meet with a developer is to ask a staff member to come along who can then be there

01:19:50.760 --> 01:19:58.580
 take notes and hit city manager Heilman's description of that was that it just changes

01:19:58.580 --> 01:20:04.520
 the conversation in the sense that everybody kind of knows it's being recorded from a note

01:20:04.520 --> 01:20:12.360
 taking perspective and and there's a check there on are we saying the right things and

01:20:12.360 --> 01:20:16.320
 then that can more easily be distributed to the rest of the commission so I guess my question

01:20:16.320 --> 01:20:22.760
 is obviously that was a past city manager this is not council policy is that sort of

01:20:22.760 --> 01:20:30.320
 thing something that staff would be willing to provide as a service if if there is development

01:20:30.320 --> 01:20:35.960
 interest that reaches out to commission members in the future sure and if I get completely

01:20:35.960 --> 01:20:41.560
 off base Haley can you know cut me off but I think if you all are in a situation where

01:20:41.560 --> 01:20:45.200
 you are wanting to have a meeting with a developer and feel more comfortable if a staff person

01:20:45.200 --> 01:20:50.320
 would attend I you know provided we're able to accommodate that time I think we'd be more

01:20:50.320 --> 01:20:57.320
 than happy to do that and sit in on it yeah I don't have anything else I think yeah that's

01:20:57.320 --> 01:21:01.760
 something if if it's ever desired I think either Haley or myself or the planner assigned

01:21:01.760 --> 01:21:09.720
 could find time to make it okay any other questions all right thank you very much we'll

01:21:09.720 --> 01:21:17.160
 send this to you all thank you at 6 34 p.m. that concludes our work sessions we will reconvene

01:21:17.160 --> 01:21:26.640
 in a few minutes in council chambers for the regular session thank you good evening at

01:21:26.640 --> 01:21:35.080
 6 41 p.m. on Wednesday December 17th we will call this meeting of the Denton Planning and

01:21:35.080 --> 01:21:40.800
 Zoning Commission to order with a quorum present our first order of business is to stand and

01:21:40.800 --> 01:22:03.680
 say the pledge of allegiance to the US and Texas flags

01:22:03.680 --> 01:22:20.120
 honor the Texas flag I pledge allegiance to be Texas one state under God one indivisible

01:22:20.120 --> 01:22:25.120
 that brings us to item to consider approval of the Planning and Zoning Commission minutes

01:22:25.120 --> 01:22:44.080
 from November 19th do we have a motion oh I am logged in but I don't see the motion

01:22:44.080 --> 01:23:00.720
 button okay I haven't hit the button but I'll go ahead and make a motion okay I'm happy

01:23:00.720 --> 01:23:18.080
 to second that motion okay yeah give it a few seconds here and then we'll it's just

01:23:18.080 --> 01:23:38.440
 easier to compile the minutes and everything okay we'll take a motion by unanimous consent

01:23:38.440 --> 01:23:48.640
 raise your hand if I see unanimous consent for that item that brings us to our that passes

01:23:48.640 --> 01:23:55.620
 six zero that brings us to item three the consent agenda I do have one card that was

01:23:55.620 --> 01:24:05.480
 filled out for a consent agenda plat the the way our our work session and regular session

01:24:05.480 --> 01:24:13.160
 is split up comments on the consent agenda items are typically taken at the work session

01:24:13.160 --> 01:24:17.800
 as opposed to at the regular session so I'm sorry if this person Kimberly Helston did

01:24:17.800 --> 01:24:23.760
 not understand that if you would still like to speak we we could see if the commission

01:24:23.760 --> 01:24:29.840
 is willing to suspend the rules so that you could speak about it but it's also it's up

01:24:29.840 --> 01:24:44.000
 to you would you like that or yeah okay understood so just from the commission I'll take if anybody's

01:24:44.000 --> 01:24:48.120
 interested in that I'll take a motion to suspend the rules so that we can take comment I'll

01:24:48.120 --> 01:24:54.360
 make a motion to suspend the rules for the for the comment I'll second that okay motion

01:24:54.360 --> 01:25:05.960
 by Commissioner Dyer second by Commissioner Kitches said hand vote again I that that passes

01:25:05.960 --> 01:25:16.140
 six zero so I will invite miss Kimberly Helston up to speak on item FP 25 - 32 if you're following

01:25:16.140 --> 01:25:25.960
 in on your agenda that's also 3b you have three minutes thank you so I am here in response

01:25:25.960 --> 01:25:32.920
 to the final plat request for I think approval of the what I believe is going to be the Denton

01:25:32.920 --> 01:25:41.560
 County Family Justice Center there at Rainey Road and Bonnie Bray that area or that land

01:25:41.560 --> 01:25:47.600
 shares and or is very close I would say less than a thousand feet from the elementary school

01:25:47.600 --> 01:25:59.240
 there so that is what I'm here to speak about according to the Texas statute of the local

01:25:59.240 --> 01:26:07.720
 government code regulation of land use structures businesses and related activities and I then

01:26:07.720 --> 01:26:16.840
 we've got unless municipal consent is granted under section 244.025 a person may not construct

01:26:16.840 --> 01:26:22.160
 or operate a shelter for homeless individuals within 1,000 feet of another shelter for homeless

01:26:22.160 --> 01:26:31.560
 individuals or primary or secondary school so I called the state of Texas and inquired

01:26:31.560 --> 01:26:37.680
 like is there a definition of a homeless shelter with this qualify and I guess there were three

01:26:37.680 --> 01:26:43.120
 things that came under there one was transitional housing this I think is more of a transitional

01:26:43.120 --> 01:26:48.920
 housing situation I had also called the city to find out if there were any special use

01:26:48.920 --> 01:26:54.920
 permits requested for this property and I did not and they said that the only permit

01:26:54.920 --> 01:27:05.440
 request was them or the zoning request was to do the R7 looking at the R7 allowed uses

01:27:05.440 --> 01:27:16.440
 community homes group homes those both require the special use permit so I might ask is or

01:27:16.440 --> 01:27:23.240
 I guess my question and ask is how is this homeless shelter group home transitional housing

01:27:23.240 --> 01:27:30.400
 going in without the notifications that it is in fact that type of housing and within

01:27:30.400 --> 01:27:36.300
 1,000 feet of a primary school and before y'all approve the plan I just wanted that

01:27:36.300 --> 01:27:42.120
 to be you know brought up sure yeah thank you for for reading and bringing that to our

01:27:42.120 --> 01:27:48.120
 attention is there a staff member that's familiar with this application that could speak to

01:27:48.120 --> 01:28:06.360
 this Julie Wyatt principal planner that that project required approval of a plan development

01:28:06.360 --> 01:28:12.680
 in order to develop on this property so our seven is that base zoning district it does

01:28:12.680 --> 01:28:19.440
 have those additional approvals with the plan development district and are there any state

01:28:19.440 --> 01:28:28.600
 required notifications for that type of land use or is it purely it needs approval and

01:28:28.600 --> 01:28:36.080
 the zoning change satisfies that I am not aware I'm looking at Hillary we did have to

01:28:36.080 --> 01:28:42.520
 provide notification in order to move forward with the rezoning that 200 and 500 feet the

01:28:42.520 --> 01:28:51.440
 school district was also part of that of that notification as well okay any questions from

01:28:51.440 --> 01:29:03.480
 the commission on this item yeah commissioner Kutcher said and that plan development has

01:29:03.480 --> 01:29:10.840
 already passed is that correct correct it was approved maybe this time last year I think

01:29:10.840 --> 01:29:20.240
 okay thank you yeah commissioner Garland so just to confirm the plan is to put a transitional

01:29:20.240 --> 01:29:29.420
 housing unit for the unhoused within a thousand feet of a school it is actually for members

01:29:29.420 --> 01:29:40.440
 of the community who are victims of domestic violence so it will have offices as well as

01:29:40.440 --> 01:29:50.080
 some housing and all services related to that community need so it's not just specific to

01:29:50.080 --> 01:30:04.600
 no nurses that are experiencing homelessness no no yeah I'd also like to very much think

01:30:04.600 --> 01:30:11.280
 the public commenter for bringing that section of local government code to my attention just

01:30:11.280 --> 01:30:18.280
 a little thing to distinguish is that I believe this section talks about oh dear I scrolled

01:30:18.280 --> 01:30:24.820
 away from it it talks about giving notice for correctional or rehabilitative facilities

01:30:24.820 --> 01:30:35.440
 and that is different than the presently approved use under the PD okay commissioner Dyer did

01:30:35.440 --> 01:30:48.640
 you have a question okay okay all right with that I'll take oh we have motion buttons commissioner

01:30:48.640 --> 01:31:07.360
 Macduff if I've made that motion or it just appeared okay well I'll pretend that you're

01:31:07.360 --> 01:31:13.600
 not there but if you would like to make a motion on our consent agenda certainly well

01:31:13.600 --> 01:31:18.200
 yes I would I'm trying to be quick on my feet here I'd like to make a motion for the approval

01:31:18.200 --> 01:31:27.640
 of our item is on our our consent agenda okay sir second I will second that okay seconded

01:31:27.640 --> 01:31:36.520
 by Commissioner Dyer just one comment I'll ask that staff could maybe give the contact

01:31:36.520 --> 01:31:42.880
 information of the Denny County Friends of the Family who will be operating that facility

01:31:42.880 --> 01:31:49.280
 so that people can talk and we can understand together how what are the concerns are and

01:31:49.280 --> 01:32:00.200
 that's the thing to the public commenter we have a motion and a second any other questions

01:32:00.200 --> 01:32:07.720
 seeing none I'll ask for we'll just start doing roll call votes from from you on down

01:32:07.720 --> 01:32:15.520
 Commissioner Macduff approve Commissioner Riggs approve chair is an aye Commissioner

01:32:15.520 --> 01:32:25.440
 Ketchers said approve Commissioner Duff I'm sorry Commissioner Dyer approve Commissioner

01:32:25.440 --> 01:32:34.900
 Garland approve very good the consent agenda there passes six to zero that brings us to

01:32:34.900 --> 01:32:46.560
 our items for individual consideration for a FP 25-28 good evening chair members of the

01:32:46.560 --> 01:32:52.200
 Commission Angie Manglars assistant planning director here to present FP 250028 this is

01:32:52.200 --> 01:32:56.640
 a final plan for the reserves at Brush Creek generally located at the northeast intersection

01:32:56.640 --> 01:33:02.280
 of US 377 and Brush Creek Road at the time staff has recommended denial of this final

01:33:02.280 --> 01:33:06.880
 plot as it does not meet our established criteria for approval however staff has no objection

01:33:06.880 --> 01:33:11.280
 to the requested extension which could be granted to a date certain of January 14th

01:33:11.280 --> 01:33:20.200
 2026 I'm happy to answer any questions Commissioner Riggs if nobody has any questions I go ahead

01:33:20.200 --> 01:33:26.960
 and make a motion make a motion to to extend to date certain January 14th 2026 Commissioner

01:33:26.960 --> 01:33:36.120
 Garland and I will second that motion seeing no discussion or questions call for a roll

01:33:36.120 --> 01:33:42.480
 call vote Commissioner Macduff Commissioner Riggs aye chair is an aye Commissioner Ketchers

01:33:42.480 --> 01:33:49.240
 said aye Commissioner Dyer aye and Commissioner Garland aye very good that passes six zero

01:33:49.240 --> 01:33:56.280
 brings us to our second item for individual consideration item for BP 25-5 good evening

01:33:56.280 --> 01:34:00.480
 chair and Commissioners Cameron Robertson principal planner this is a preliminary plot

01:34:00.480 --> 01:34:05.560
 for approximately 6.5 acre parcel located north of Rose on Drive just east of South

01:34:05.560 --> 01:34:11.680
 Bonnie Bay Street in the west of future South Bonnie Bay Street at this time the staff is

01:34:11.680 --> 01:34:15.960
 recommending denial for the preliminary plot it does not mean our established criteria

01:34:15.960 --> 01:34:21.160
 for approval staff has no objection to the requested extension of January 14th 2026 and

01:34:21.160 --> 01:34:29.040
 this is the second extension any questions or a motion I'll make a motion Commissioner

01:34:29.040 --> 01:34:36.800
 Dyer I'll second to approve or to go ahead and approve the extension yes okay and second

01:34:36.800 --> 01:34:44.880
 by Commissioner Riggs seeing no comments call for a roll call Commissioner my mouth is going

01:34:44.880 --> 01:34:51.600
 to go crazy by the end of tonight Commissioner Macduff aye Commissioner Riggs aye chair

01:34:51.600 --> 01:34:58.200
 is an aye Commissioner Ketchers said aye Commissioner Dyer aye Commissioner Garland aye that passes

01:34:58.200 --> 01:35:05.720
 six zero brings us to our first public hearing we're going to call three of these items together

01:35:05.720 --> 01:35:15.640
 because they impact each other but then after the public hearings are closed we will vote

01:35:15.640 --> 01:35:33.640
 one by one so the first item is 5A CA 25-3 5B MPA 25-4 and 5C Z25-14 yeah and I'll go

01:35:33.640 --> 01:35:39.240
 ahead and open the public hearing at this time evening chair members of the Commission

01:35:39.240 --> 01:35:44.960
 Mia Heinz senior planner here to present like you stated the Hickory Grove related application

01:35:44.960 --> 01:35:49.240
 specifically a comprehensive plan amendment mobility plan amendment and a zoning change

01:35:49.240 --> 01:35:54.320
 an overview of course this is three requests as I just mentioned the property itself is

01:35:54.320 --> 01:35:59.680
 about sixteen and a half acres located north of US 380 approximately twenty eight hundred

01:35:59.680 --> 01:36:06.640
 feet west of Thomas Goldenhove Drive the existing future land use designation for the property

01:36:06.640 --> 01:36:10.880
 is agriculture the proposed future land use designation for the property is mixed use

01:36:10.880 --> 01:36:16.200
 regional the existing zoning for the property is rural residential and R2 as shown in this

01:36:16.200 --> 01:36:22.360
 exhibit here and the proposed zoning is mixed use regional the purpose for this request

01:36:22.360 --> 01:36:26.640
 is to entitle the property for anticipated multifamily development and I'll go over the

01:36:26.640 --> 01:36:34.080
 history of how that land use came about in a sec just now so the existing land use on

01:36:34.080 --> 01:36:39.680
 the property it's currently undeveloped the property itself was designated for all rural

01:36:39.680 --> 01:36:45.320
 areas and didn't twenty thirty plan didn't twenty forty plan was updated to show low

01:36:45.320 --> 01:36:49.720
 residential designation towards the single family development that's occurring in the

01:36:49.720 --> 01:36:56.280
 city's ETJ to the north but the subject property itself didn't have a designation beyond the

01:36:56.280 --> 01:37:05.280
 agricultural use in twenty twenty two a municipal utility district was created for it'll be

01:37:05.280 --> 01:37:12.920
 referred to as legends ranch or Hickory Grove that mud was anticipated to create one thousand

01:37:12.920 --> 01:37:18.400
 five hundred and fifty one single family residential units the amendment in August twenty twenty

01:37:18.400 --> 01:37:24.360
 four came to add additional multifamily units to total six hundred and twenty five multifamily

01:37:24.360 --> 01:37:31.100
 units for this for the mud and as a part of that the portion that is on the topic for

01:37:31.100 --> 01:37:37.220
 tonight's agenda was the idea for that was to annex that portion of the multifamily development

01:37:37.220 --> 01:37:42.480
 into the city in order for the city to receive tax benefits and things of that nature for

01:37:42.480 --> 01:37:46.160
 this property.

01:37:46.160 --> 01:37:50.520
 So the first application for you to before you tonight is a comprehensive plan amendment

01:37:50.520 --> 01:37:57.240
 again the existing future land use designation is agriculture and the proposed usually designation

01:37:57.240 --> 01:38:03.080
 here is regional mixed use that regional mixed use flume designation is intended to apply

01:38:03.080 --> 01:38:08.680
 to areas that serve as regional destinations within Denton so ideally those those areas

01:38:08.680 --> 01:38:13.000
 located along like those regional corridors like we see here highlighted on the map I've

01:38:13.000 --> 01:38:19.200
 shown US 380 University's banding sort of from east to west throughout the city and

01:38:19.200 --> 01:38:24.040
 then of course I thirty five you see some some of the pockets of mixed use regional

01:38:24.040 --> 01:38:29.920
 that we have throughout the city additionally this designation is intended to include residential

01:38:29.920 --> 01:38:35.120
 commercial office and entertainment and other uses except industrial at the highest level

01:38:35.120 --> 01:38:40.360
 of scale and density within the city and then finally the future development in regional

01:38:40.360 --> 01:38:48.160
 mixed use areas is intended to complement the and embrace the existing uses in the area

01:38:48.160 --> 01:38:53.040
 and as I stated the development of the mud district is occurring so what we're seeing

01:38:53.040 --> 01:38:57.600
 here is a sort of low to moderate density residential to the north and then there will

01:38:57.600 --> 01:39:04.880
 be multifamily as a part of that mud to the west of the subject property as well.

01:39:04.880 --> 01:39:09.300
 So we did get this request and we put it up against the criteria for approval essentially

01:39:09.300 --> 01:39:15.100
 we found that the regional planning and development trends within this area do reflect the need

01:39:15.100 --> 01:39:19.120
 to plan for the development of this area beyond agriculture I'll get to that in the next couple

01:39:19.120 --> 01:39:25.640
 of slides additionally the compatible the proposed the proposal is compatible with existing and

01:39:25.640 --> 01:39:30.640
 proposed development occurring both within the city limits and the city's ETJ and then

01:39:30.640 --> 01:39:35.120
 finally that makes that regional mixed use zoning tended to encourage development at

01:39:35.120 --> 01:39:41.680
 highest densities along regional corridors such as US 380 like we have here today.

01:39:41.680 --> 01:39:45.680
 So this is to show you sort of some of the changes in the regional or the development

01:39:45.680 --> 01:39:50.720
 that's occurring within the region of the subject property the subject property on both

01:39:50.720 --> 01:39:57.280
 of these exhibits is highlighted in or outlined or shown in black there and there and I highlighted

01:39:57.280 --> 01:40:02.120
 some of the key sort of major developments that we were experiencing within proximity

01:40:02.120 --> 01:40:08.400
 to the US 380 corridor so that low residential development as a part of the mud is occurring

01:40:08.400 --> 01:40:12.840
 just north of this site and it is hard to see on this exhibit on your screen but there

01:40:12.840 --> 01:40:17.280
 is a single family residential development that is occurring so you see you nothing was

01:40:17.280 --> 01:40:23.200
 there in 2021 as of 2025 they've developed quite a couple or a couple of phases within

01:40:23.200 --> 01:40:30.040
 that area similarly in the city's ETJ 2 is another municipal utility district developing

01:40:30.040 --> 01:40:36.000
 with single family residential so we do see residential density and residential units

01:40:36.000 --> 01:40:39.080
 being of a demand within this corridor.

01:40:39.080 --> 01:40:44.960
 We do have some anticipated commercial developments occurring along US 380 staff is actually in

01:40:44.960 --> 01:40:49.760
 the middle of processing applications that would ultimately come before this body so

01:40:49.760 --> 01:40:53.760
 you'll see that coming forward in the future some of the other things I wanted to point

01:40:53.760 --> 01:41:00.200
 out is the razor ranch development along US 380 just on the east side of I-35 has developed

01:41:00.200 --> 01:41:06.020
 over the last four years I think they have maybe two or three sites left to develop but

01:41:06.020 --> 01:41:10.560
 for the most part they've added additional commercial they've added some medical facilities

01:41:10.560 --> 01:41:14.960
 over there as well as some additional residences and then finally some of the one of the things

01:41:14.960 --> 01:41:21.200
 that are could potentially be driving residential demand in this area we've seen some commercial

01:41:21.200 --> 01:41:28.880
 and industrial development occurring within this sort of corridor of US 380 and I-35 as

01:41:28.880 --> 01:41:32.480
 shown on the blue in the blue areas there.

01:41:32.480 --> 01:41:36.160
 So with that staff is recommending approval of the comprehensive plan amendment request

01:41:36.160 --> 01:41:44.140
 as it complies with the criteria in section 2.4.5 and I will go on to the next application.

01:41:44.140 --> 01:41:49.480
 So the next request in the next application is mobility plan amendment this purpose of

01:41:49.480 --> 01:41:55.920
 this amendment is to remove a and this is backwards on the screen my apologies this

01:41:55.920 --> 01:42:03.280
 is the existing mobility plan amendment showing the proposed primary arterial the subject

01:42:03.280 --> 01:42:09.160
 property is right here and this is the proposed mobility plan amendment showing the removal

01:42:09.160 --> 01:42:16.760
 of that proposed primary arterial of course similarly we did put this request up against

01:42:16.760 --> 01:42:21.560
 our criteria for approval and ultimately found that the request itself does consider flood

01:42:21.560 --> 01:42:26.540
 paint and ESA which I'll get into here in a second and it does to minimize disturbances

01:42:26.540 --> 01:42:32.920
 of these areas and ultimately the removal of this roadway would remove redundancy while

01:42:32.920 --> 01:42:37.660
 maintaining provision of sufficient roadway network appropriate for the area.

01:42:37.660 --> 01:42:43.120
 So here is that to the left is the environmentally sensitive area as you can see the proposed

01:42:43.120 --> 01:42:49.640
 primary arterial cuts straight through area that we have designated as floodplain ESA.

01:42:49.640 --> 01:42:55.720
 Ultimately the floodplain is right here or shown along this corridor and that proposed

01:42:55.720 --> 01:43:00.720
 primary arterial again would cut through that floodplain.

01:43:00.720 --> 01:43:07.440
 What we've seen or what we have as provision or to ensure that we still have sufficient

01:43:07.440 --> 01:43:14.240
 roadway in this area is as a part of the Legends Ranch or Hickory Grove single-family piece

01:43:14.240 --> 01:43:20.480
 of the mud they are constructing a collector that would run from Jackson Road to US 380

01:43:20.480 --> 01:43:25.680
 and so with that of course we did or reviewed traffic impact analysis and traffic studies

01:43:25.680 --> 01:43:32.840
 to ensure that adequate roadway would still be or is being provided on that collector

01:43:32.840 --> 01:43:39.620
 and found that that is the case and that this primary arterial is no longer necessary with

01:43:39.620 --> 01:43:43.220
 the pending development in that area.

01:43:43.220 --> 01:43:48.120
 So with that staff is recommending approval of the mobility plan to remove that primary

01:43:48.120 --> 01:43:55.600
 arterial and the last application is the zoning change.

01:43:55.600 --> 01:44:02.840
 So the map to the left is the current zoning reflecting a rural residential zoning district

01:44:02.840 --> 01:44:05.920
 and a R2 zoning district that's on the property.

01:44:05.920 --> 01:44:10.840
 If you recall this property was recently annexed into the city so that rural residential is

01:44:10.840 --> 01:44:15.900
 more of that default placeholder zoning that is given or assigned to properties once they're

01:44:15.900 --> 01:44:24.440
 annexed that R2 piece transition from a rural residential sort of designation with the update

01:44:24.440 --> 01:44:32.160
 of the code but that is also undeveloped in this area and the applicant is proposing to

01:44:32.160 --> 01:44:38.540
 rezone the entire property from RR and R2 to MR.

01:44:38.540 --> 01:44:42.840
 Ultimately we put this up against the criteria for approval ultimately found that proposal

01:44:42.840 --> 01:44:46.840
 that the proposal intended is intended to allow the property to develop according to

01:44:46.840 --> 01:44:52.200
 prior approvals on the subject property specifically the multifamily development that was anticipated

01:44:52.200 --> 01:44:54.720
 in the mud district.

01:44:54.720 --> 01:44:58.200
 Additionally the proposal is intended to allow development compatible with the surrounding

01:44:58.200 --> 01:45:00.400
 development in the city's ETJ.

01:45:00.400 --> 01:45:05.640
 Again speaking to the single the low to moderate residential to the north and the multifamily

01:45:05.640 --> 01:45:09.680
 development that would occur to the west of the subject property again within the city's

01:45:09.680 --> 01:45:12.200
 ETJ.

01:45:12.200 --> 01:45:15.800
 The request is also generally consistent with the goals and policies of the proposed future

01:45:15.800 --> 01:45:22.560
 land use map as the proposed amendment is coming before you this evening and then also

01:45:22.560 --> 01:45:27.440
 the regional growth within the area as I pointed out with the comprehensive plan does reflect

01:45:27.440 --> 01:45:33.000
 the need to allow for regional scale development on this property.

01:45:33.000 --> 01:45:39.120
 The prior approval is just getting a little bit back into showing you again to the mud

01:45:39.120 --> 01:45:40.120
 difference here.

01:45:40.120 --> 01:45:46.800
 I do want to highlight that again the Hickory Grove mud anticipated 1,551 single family

01:45:46.800 --> 01:45:52.960
 residential units within this area so north of the floodplain essentially and then 299

01:45:52.960 --> 01:45:57.600
 multifamily units are currently planned for this property here to the west of the subject

01:45:57.600 --> 01:46:05.760
 property I think that's all I won't repeat all of that unless I need to later.

01:46:05.760 --> 01:46:11.080
 Again I wanted to show this regional map showing you the growth from or what we've seen or

01:46:11.080 --> 01:46:16.960
 what we saw on the ground in 2021 compared to now what we see in 2025 and say that although

01:46:16.960 --> 01:46:21.840
 the mixed use regional zoning or the purpose for this rezoning is to develop multifamily

01:46:21.840 --> 01:46:25.480
 and I do believe that that is the applicant's intent the mixed use regional district does

01:46:25.480 --> 01:46:31.080
 allow for other commercial uses that could serve to benefit the growth within this area

01:46:31.080 --> 01:46:36.560
 as well and as you all are aware with this being a straight rezoning they could ultimately

01:46:36.560 --> 01:46:41.720
 come in and do any of those commercial or residential uses that are allowed in the mixed

01:46:41.720 --> 01:46:44.920
 use regional district.

01:46:44.920 --> 01:46:50.960
 So with all of these cases we did send out notifications to the members of the public

01:46:50.960 --> 01:46:56.600
 within 200 feet or property owners within 200 feet and courtesy notice for residents

01:46:56.600 --> 01:47:02.200
 within 500 feet as you can see around the property there are no residences but there

01:47:02.200 --> 01:47:08.520
 are a few property owners that we did send out and as of the writing or preparation of

01:47:08.520 --> 01:47:15.560
 this report and as of this evening we have not received any comments in response to either

01:47:15.560 --> 01:47:18.160
 of these requests.

01:47:18.160 --> 01:47:22.400
 With that staff is recommending approval of the rezoning requests in conjunction with

01:47:22.400 --> 01:47:27.880
 the other two requests the comprehensive plan amendment and the mobility plan amendment.

01:47:27.880 --> 01:47:32.720
 This is a reminder that again this is three separate cases comprehensive plan amendment

01:47:32.720 --> 01:47:38.560
 to from agricultural flume to regional mixed use flume a mobility plan amendment to remove

01:47:38.560 --> 01:47:43.480
 the future extension of Seawolf Road between US 380 and Jackson Road and then a zoning

01:47:43.480 --> 01:47:50.240
 change from rural residential and residential to to the mixed use regional in our district.

01:47:50.240 --> 01:47:53.640
 That concludes my presentation I believe the applicants are here if you have any questions

01:47:53.640 --> 01:47:59.820
 for them as well and I will happily take any questions at this time.

01:47:59.820 --> 01:48:04.440
 Questions of staff from the commission at this time commissioner Dyer.

01:48:04.440 --> 01:48:15.920
 Oh okay anyone else commissioner Mcduff. Ms. Huns I have a question that I've written down

01:48:15.920 --> 01:48:23.560
 that I didn't ask in our work session but where is the Jackson Cemetery and is it adjacent

01:48:23.560 --> 01:48:29.920
 to this area on 380.

01:48:29.920 --> 01:48:46.600
 I am not sure does that cemetery sound familiar to anyone I think from cemetery.

01:48:46.600 --> 01:48:52.080
 No it is appears it's on Jackson Road adjacent to FM 156 so it would be further west from

01:48:52.080 --> 01:48:53.080
 here.

01:48:53.080 --> 01:48:54.080
 Thanks.

01:48:54.080 --> 01:49:04.400
 Ms. Hines could you identify just on this map here where the outer loop not outer loop

01:49:04.400 --> 01:49:12.300
 loop 288 west extension is planned to intersect 380 just so we can get a bounds.

01:49:12.300 --> 01:49:26.640
 I don't think it would be in the let's see in fact we have someone here from transportation.

01:49:26.640 --> 01:49:28.840
 Thank you.

01:49:28.840 --> 01:49:40.240
 Good evening commissioners Chandra city traffic engineer so more the loop 288 west connections

01:49:40.240 --> 01:49:49.800
 and fall closer to the Denton Airport so you are looking at somewhere in this area.

01:49:49.800 --> 01:49:54.880
 Thank you any other questions of staff commissioner Dyer.

01:49:54.880 --> 01:50:08.320
 Yes with the rerouting of that arterial route with what was it 1500 homes and the possible

01:50:08.320 --> 01:50:16.720
 600 units for an apartment.

01:50:16.720 --> 01:50:26.480
 This is crumb school district correct I am not pretty sure.

01:50:26.480 --> 01:50:34.760
 I just remember when one of the phases we voted on a few months ago and we had the people

01:50:34.760 --> 01:50:42.880
 from the community just to the east of this where they were having issues with the bus

01:50:42.880 --> 01:50:55.080
 routes how will the residents in this community both single family and the multi family will

01:50:55.080 --> 01:51:02.720
 they be affected negatively with this arterial will that be enough with having to reroute

01:51:02.720 --> 01:51:03.720
 it.

01:51:03.720 --> 01:51:08.600
 The traffic study what they've done came back with the level of service C or better so they

01:51:08.600 --> 01:51:16.600
 have Thomas Egan to the right and we are building a traffic signal at US 380 and Thomas Egan

01:51:16.600 --> 01:51:20.800
 and this proposed collector will also serve as the north south collector connecting to

01:51:20.800 --> 01:51:31.640
 the future east west roadway and this flood plain that road we eliminated here would be

01:51:31.640 --> 01:51:38.440
 offset by this north south internal roadway so we have plenty of connections and FM 156

01:51:38.440 --> 01:51:40.240
 to the west.

01:51:40.240 --> 01:51:49.240
 Thank you.

01:51:49.240 --> 01:51:53.200
 When I look at this subject parcel it looks like it's access would be taking on off of

01:51:53.200 --> 01:52:03.440
 380 is that correct yes and can you remind us I think in our mobility plan and the discussion

01:52:03.440 --> 01:52:13.120
 that the mobility committee has been having about safety on these wider higher speed roads

01:52:13.120 --> 01:52:19.800
 help me understand how this and other pieces that staff talked about is not turning this

01:52:19.800 --> 01:52:26.040
 corridor into a corridor very similar to one of those that we see on our high injury network

01:52:26.040 --> 01:52:29.060
 or is it basically doing that and we're just okay with that.

01:52:29.060 --> 01:52:35.720
 So we had a meeting with Techstart two weeks ago so they don't wanted many signals at this

01:52:35.720 --> 01:52:45.400
 corridor so they are proposing R cut which is the restricted left turns in that way signals

01:52:45.400 --> 01:52:51.160
 would be eliminated and then people making right turns will have to make a U turn to

01:52:51.160 --> 01:52:58.440
 go so there will be median openings for these developments and that's a much safer option

01:52:58.440 --> 01:53:06.840
 so they are proposing to have these new kind of median openings unlike you see east of

01:53:06.840 --> 01:53:14.480
 here at marsh branch are 35 they're eliminating these traffic lights so they seem to claim

01:53:14.480 --> 01:53:21.120
 Techstart much safer than how it is due to the high speeds the minute you cross marsh

01:53:21.120 --> 01:53:28.880
 branch and closer to FM 156 it goes to 70 75 miles per hour so they are taking safety

01:53:28.880 --> 01:53:34.520
 into consideration so they're saying that that hooded left turn median openings are

01:53:34.520 --> 01:53:40.920
 safer than what alternative the traffic lights so with all the movements and are they safer

01:53:40.920 --> 01:53:47.840
 than not having development adjacent to this for high speed highway not really they are

01:53:47.840 --> 01:53:54.920
 making the developers build these right turn diesel lanes and acceleration lanes so in

01:53:54.920 --> 01:54:01.920
 that way they slow down before they enter or exit okay but it's still a worse safety

01:54:01.920 --> 01:54:09.160
 situation than what we have today yes okay thank you I don't want to get away from your

01:54:09.160 --> 01:54:16.900
 question about schools and everything okay yeah that's fine just want to quickly provide

01:54:16.900 --> 01:54:24.000
 you an answer yes it is crumb ISD that boundary extends over to marsh branch road I don't

01:54:24.000 --> 01:54:30.840
 have a card this is a public hearing I will already open to the public hearing I don't

01:54:30.840 --> 01:54:36.320
 have a card from the applicant but if you would like to speak the applicant does get

01:54:36.320 --> 01:54:44.200
 that ability you have actually affords up to 20 minutes between whoever would like to

01:54:44.200 --> 01:54:49.440
 speak but but the floor is yours just say your name and address and good evening trey

01:54:49.440 --> 01:54:55.920
 Sullivan with dr horton multifamily so originally when we started looking at this tract the

01:54:55.920 --> 01:55:01.060
 home builder you know they have plans for the 1500 single-family lots and we got brought

01:55:01.060 --> 01:55:05.640
 into it you know a little bit later in the game but it was entitled for the 300 units

01:55:05.640 --> 01:55:11.800
 originally and so last year we went back to the city and requested some additional units

01:55:11.800 --> 01:55:15.120
 because the product type that we build you know it's a little bit more dense I think

01:55:15.120 --> 01:55:20.980
 than what it was allowing it's a it's a bigger tract it's 41 acres and so I believe it was

01:55:20.980 --> 01:55:25.560
 August of last year at City Council it got approved to give us the additional 325 units

01:55:25.560 --> 01:55:29.840
 for phase two so we're currently in plans for phase one I think we'll probably start

01:55:29.840 --> 01:55:35.680
 construction probably February and I think the start date on this one depending on how

01:55:35.680 --> 01:55:40.560
 this and the City Council meeting goes but we'd probably look at that starting in q1

01:55:40.560 --> 01:55:47.560
 of 2027 and we do have plans for D cell lane for the first phase and we haven't gone through

01:55:47.560 --> 01:55:52.400
 all the studies and everything yet just because of where we are in the process but you know

01:55:52.400 --> 01:55:57.800
 I think there's been conversations about D cell lanes on phase two as well so you know

01:55:57.800 --> 01:56:04.200
 I think as part of the process we had to we had to take this property out of the mud which

01:56:04.200 --> 01:56:08.480
 was part of the development agreement from last year and then we had to annex it which

01:56:08.480 --> 01:56:12.840
 we did last month and now we're going through the zoning process of this as well so it mimics

01:56:12.840 --> 01:56:16.680
 kind of what we agreed to in the development agreement so we're just pushing the process

01:56:16.680 --> 01:56:18.680
 forward now.

01:56:18.680 --> 01:56:24.760
 Okay thank you Commissioner Dyer I bet you have a question for our applicant.

01:56:24.760 --> 01:56:31.720
 I do so I understand that when you and the city are required to send notices that you

01:56:31.720 --> 01:56:39.680
 know there are boundary guidelines that are you know put forth by the state and this is

01:56:39.680 --> 01:56:44.640
 one of the things that's hard when you're developing and you're a developer is sometimes

01:56:44.640 --> 01:56:51.800
 you are your own neighbor did you as a developer did you make any attempt for the homeowners

01:56:51.800 --> 01:56:55.720
 there because you know it was stated that there was no object there was no nothing no

01:56:55.720 --> 01:57:01.400
 objection no for but it also basically showed that none of the homeowners that are currently

01:57:01.400 --> 01:57:09.360
 there got a notice about the you know the planned apartment buildings did you guys you

01:57:09.360 --> 01:57:14.320
 know just out of courtesy to the community say hey this is in the plans and we're talking

01:57:14.320 --> 01:57:18.920
 about this like yeah so the the 1,500 lots that are in question up there that's what

01:57:18.920 --> 01:57:25.440
 D.R. Horton as well so they this has always been a master plan community you can see there's

01:57:25.440 --> 01:57:29.120
 a little bit of parcel just to the south where the home builder is that scheduled for retail

01:57:29.120 --> 01:57:33.040
 so that's that's not us that's a different group but it's always been a part of the plan

01:57:33.040 --> 01:57:36.680
 to bring in multifamily to this area and so it's always been a part of the master plan

01:57:36.680 --> 01:57:37.680
 so.

01:57:37.680 --> 01:57:39.760
 So your homeowners are knew that when they were buying.

01:57:39.760 --> 01:57:40.760
 Yes.

01:57:40.760 --> 01:57:41.760
 Okay.

01:57:41.760 --> 01:57:53.060
 Other questions I have one just on the timeline that you were talking about you were talking

01:57:53.060 --> 01:58:01.760
 about like breaking like turning dirt doing a grading in first quarter twenty seven.

01:58:01.760 --> 01:58:06.440
 That would be for the second phase there's two phases there's one that is in the mud

01:58:06.440 --> 01:58:11.660
 and in the E.T.J. still so this this tract we're looking at here this is just the one

01:58:11.660 --> 01:58:15.280
 that we're in that we've annexed into the city.

01:58:15.280 --> 01:58:20.680
 So like we said earlier you know the city they wanted the impact fees taxes and so we

01:58:20.680 --> 01:58:27.320
 agreed to get the additional density to annex it and then zone it into city of Denton.

01:58:27.320 --> 01:58:32.200
 Okay so when you talk about phase one you're not talking about phase one remaining part

01:58:32.200 --> 01:58:37.280
 of the mud that's not adjacent to the first.

01:58:37.280 --> 01:58:40.160
 And then phase two would be the subject parcel yes.

01:58:40.160 --> 01:58:41.800
 Understood.

01:58:41.800 --> 01:58:50.000
 So I guess I'm trying to understand just so that we know what our flexibility is here.

01:58:50.000 --> 01:59:00.380
 At what point during twenty twenty six what's the latest point that you could.

01:59:00.380 --> 01:59:07.780
 Get the zoning change in order to stay on your preferred schedule of twenty twenty seven

01:59:07.780 --> 01:59:08.780
 starting phase two.

01:59:08.780 --> 01:59:13.760
 It's a tough question but I think you know going through phase one we've seen it takes

01:59:13.760 --> 01:59:15.760
 about a year to get through it.

01:59:15.760 --> 01:59:22.760
 So we we to get through the zoning no no no to get through the civil engineering to get

01:59:22.760 --> 01:59:26.640
 through text dot approval so we're still not approved on phase one we probably kicked everything

01:59:26.640 --> 01:59:30.820
 off in February March of last year so it's take us about twelve months so that's what

01:59:30.820 --> 01:59:35.160
 I anticipate phase two would take as well.

01:59:35.160 --> 01:59:44.160
 And of of the remaining items that you have to do other than the zoning application are

01:59:44.160 --> 01:59:49.320
 those things that you can do concurrently with the zoning application or are they things

01:59:49.320 --> 01:59:55.000
 that you can't start because of any requirements until you have the zoning.

01:59:55.000 --> 01:59:59.800
 We would not start it until we have this okay just from a risk perspective yes sir okay

01:59:59.800 --> 02:00:00.800
 thank you.

02:00:00.800 --> 02:00:07.640
 Any other questions the applicant don't see any thank you very much this is a public hearing

02:00:07.640 --> 02:00:13.640
 I do not have any cards on this item wishing to speak but if you would like to speak you're

02:00:13.640 --> 02:00:22.600
 more than welcome to come down.

02:00:22.600 --> 02:00:26.800
 Any other questions or discussion commissioner Riggs I'll make a motion to approve item five

02:00:26.800 --> 02:00:43.680
 A B and C and I'll second that we sorry just a second we yeah yeah yeah sorry just to remind

02:00:43.680 --> 02:00:50.960
 I'll ask that we withdraw those motions and move one by one but I have a question for

02:00:50.960 --> 02:01:02.760
 staff just to set the the historical record here I think I am actually the one who suggested

02:01:02.760 --> 02:01:10.000
 that we have to have some sort of plan for retail west of three eighty because if all

02:01:10.000 --> 02:01:18.640
 when all these muds come in it it's already taking twenty minutes to go eastbound on three

02:01:18.640 --> 02:01:24.480
 eighty at thirty five and get through that light and so there has to be something you

02:01:24.480 --> 02:01:31.120
 mentioned that there's plans for future commercial here right now that's zoned R2 so I'm assuming

02:01:31.120 --> 02:01:38.720
 that may be a an application that's forthcoming or already in the process we don't have visibility

02:01:38.720 --> 02:01:42.960
 you know most of the land to the south of three eighty is ETJ I don't know if any of

02:01:42.960 --> 02:01:49.480
 that is being annexed or not we just don't have visibility on this commission as to how

02:01:49.480 --> 02:01:55.480
 all the pieces fit together right and so my question and I know this is going to be hard

02:01:55.480 --> 02:02:08.560
 to answer I apologize is if it were staff's desire or direction to try to take a more

02:02:08.560 --> 02:02:14.360
 holistic view of okay hold on instead of coming in for comp plan amendments for all these

02:02:14.360 --> 02:02:21.360
 seven separate applications let's come back show what the future roadway network with

02:02:21.360 --> 02:02:25.800
 two eighty eight west and everything else is going to be let's explain how we're going

02:02:25.800 --> 02:02:33.280
 to mitigate safety issues with backage roads and other things and and let's show you where

02:02:33.280 --> 02:02:38.880
 areas of commerce are going to be contiguous right I just don't see that now so if that

02:02:38.880 --> 02:02:47.040
 were the the desire of the commission realistically how how long would it take staff to to put

02:02:47.040 --> 02:02:52.240
 that together as a comp plan amendment and and bring that back I'll start and then look

02:02:52.240 --> 02:02:58.880
 to Haley as she is the one that sets our priorities and things from a staff level so some of it

02:02:58.880 --> 02:03:04.640
 is bearing the the at the rate that the applicants are ready to develop so if they're ready to

02:03:04.640 --> 02:03:10.160
 develop in a time where staff isn't it isn't priority for staff to take on a comprehensive

02:03:10.160 --> 02:03:14.160
 approach and they're ready to move forward then we evaluate the applications according

02:03:14.160 --> 02:03:17.440
 to the time that they submit and are trying to move forward we try to work with them with

02:03:17.440 --> 02:03:25.220
 their their timelines and things of that nature as far as I think taking on a more comprehensive

02:03:25.220 --> 02:03:30.760
 comprehensive plan amendment for example if I could stretch that I did one of the comments

02:03:30.760 --> 02:03:38.040
 that I had for this comprehensive plan was to consider the that that longer court or

02:03:38.040 --> 02:03:41.520
 the application that we have coming forward for the rest of that commercial piece and

02:03:41.520 --> 02:03:46.080
 try to make this all as as one again they are different applicants they are different

02:03:46.080 --> 02:03:50.800
 developers and so they're financing on their application side and that's between that's

02:03:50.800 --> 02:03:54.680
 between them we made that suggestion and we try to again work with them on the timing

02:03:54.680 --> 02:04:01.080
 I believe that if it is the commission's direction that as we get if we get comprehensive plans

02:04:01.080 --> 02:04:04.240
 we look at them holistically I think that we could take that on but I'll I'll point

02:04:04.240 --> 02:04:10.600
 to Haley to answer that say to your question of how long that would take the more recent

02:04:10.600 --> 02:04:16.280
 example of the east side of 380 I would say before that ever came to you all had a solid

02:04:16.280 --> 02:04:21.400
 probably close to a year of staff analysis and thought put into it so it would be a lengthier

02:04:21.400 --> 02:04:25.620
 process given that we don't have budget to hire a consultant to help us with the work

02:04:25.620 --> 02:04:30.880
 for staff to take on the work of doing a broader analysis of this corridor and and taking that

02:04:30.880 --> 02:04:35.940
 holistic approach to all of the west side of 380 if that's what you had in mind okay

02:04:35.940 --> 02:04:46.520
 yeah no I appreciate that I yeah that helps I guess from my perspective it scares me a

02:04:46.520 --> 02:04:55.160
 little that it would take a year for staff to do that because as you mentioned it would

02:04:55.160 --> 02:05:02.760
 take additional analysis well what I hear when I hear that is we don't we haven't really

02:05:02.760 --> 02:05:06.800
 put all the pieces together yet so we need to do that and we need to look at how it's

02:05:06.800 --> 02:05:17.840
 going to operate before there's confidence in that direction is that accurate I would

02:05:17.840 --> 02:05:21.840
 yes I think you're accurate on that I would say the commission has to be mindful we're

02:05:21.840 --> 02:05:27.960
 a very high development city so staffs focus the majority of the time that we are in the

02:05:27.960 --> 02:05:32.160
 office is on reviewing the applications that are before us and being able to react to those

02:05:32.160 --> 02:05:37.120
 so to have the time to put into an independent study and analysis of that sort is why that

02:05:37.120 --> 02:05:40.520
 would say I would say at least like eight to twelve months to get something of that

02:05:40.520 --> 02:05:51.800
 sort done okay I understand that with that I think I've explained kind of three questions

02:05:51.800 --> 02:05:59.520
 what my concerns are I understand that the applicant is eager to get under construction

02:05:59.520 --> 02:06:09.080
 I understand there was some prior agreement or understanding with the annexation agreement

02:06:09.080 --> 02:06:17.960
 but we only get the city that we want and that conforms to our plans when we actually

02:06:17.960 --> 02:06:28.160
 do the planning before the development and like staff has said this is it's a it's a

02:06:28.160 --> 02:06:33.360
 crazy time we've got a whole bunch of projects we've got applicants trying to speed up and

02:06:33.360 --> 02:06:39.440
 get things in the ground before you know or at least get things approved before interest

02:06:39.440 --> 02:06:46.600
 rates do something which they haven't really done much of yet in the last year and a half

02:06:46.600 --> 02:06:54.480
 so I'm sensitive to those concerns but with that I'm going to move that we table the comprehensive

02:06:54.480 --> 02:07:00.800
 plan amendment until an event certain where staff can come back with a more holistic comprehensive

02:07:00.800 --> 02:07:08.420
 plan amendment that includes development within this corridor specifically from sort of the

02:07:08.420 --> 02:07:20.360
 28 West intersection or interchange with 380 over to to this western terminus of our city

02:07:20.360 --> 02:07:27.640
 and we'll see if that gets a second in any interest so that's that's my motion I still

02:07:27.640 --> 02:07:41.120
 stand by my motion to to pass 5a okay I'll second the motion to pass to adopt so there's

02:07:41.120 --> 02:07:48.000
 a main motion on the table to to adopt the the motion to table is a subsidiary motion

02:07:48.000 --> 02:07:55.760
 which if it gets a second then we would vote on that first so I'm just asking if there's

02:07:55.760 --> 02:08:03.720
 a second I'll second to table it okay second by Commissioner Garland any other discussion

02:08:03.720 --> 02:08:10.040
 or questions I don't want to waste time because we have other public hearings but I want to

02:08:10.040 --> 02:08:20.800
 make sure everybody kind of understands what people's positions are that make sense anything

02:08:20.800 --> 02:08:27.080
 yes Commissioner Macduff I think it's time for a clarification since we have a second

02:08:27.080 --> 02:08:33.640
 I believe we're only voting to table the first proposal correct that is correct deals with

02:08:33.640 --> 02:08:40.320
 the comprehensive plan and is it your thought process and that the second and the third

02:08:40.320 --> 02:08:49.080
 we would vote on those I'm of the opinion that the mobility plan amendment kind of stands

02:08:49.080 --> 02:08:55.800
 independently so I would be happy to take a motion on that certainly the zoning change

02:08:55.800 --> 02:09:03.320
 could be moved on without the comprehensive plan amendment that's you know typically we

02:09:03.320 --> 02:09:09.640
 like to have the comprehensive plan in agreement with that but that's why we do these these

02:09:09.640 --> 02:09:16.480
 applications in this order but but yeah I mean I think the way the agenda is laid out

02:09:16.480 --> 02:09:21.960
 we could certainly have still three motions on those three independent items the staff

02:09:21.960 --> 02:09:31.840
 of comments Charlie yeah thank you chair Charlie Rosendahl interim director of development

02:09:31.840 --> 02:09:37.120
 I do want to point out as we mentioned in the work session the city staff is intending

02:09:37.120 --> 02:09:42.600
 to apply for a grant we've got an approval to apply for a grant that would allow us to

02:09:42.600 --> 02:09:47.800
 go through the process of updating the comprehensive plan and then separately we're also working

02:09:47.800 --> 02:09:52.320
 on a grant that would update the mobility plan so those items are in the works and will

02:09:52.320 --> 02:09:59.960
 be coming forward before this council in the future yeah thank you for that reminder you

02:09:59.960 --> 02:10:04.600
 know the reason I motioned that way is that I think it's important that we see the whole

02:10:04.600 --> 02:10:12.220
 picture of this smaller region before we checkerboard it with the type of development that's happened

02:10:12.220 --> 02:10:19.200
 east of Denton on 380 and I think the the the history of resident opposition to that

02:10:19.200 --> 02:10:24.400
 speaks loudly yeah I understand I was just trying to point out that that that larger

02:10:24.400 --> 02:10:29.960
 picture is is coming and is planned for it understood it's it's the order than I'm concerned

02:10:29.960 --> 02:10:38.920
 with discussions or questions I'll just kind of say kind of kind of where I'm at on it

02:10:38.920 --> 02:10:44.560
 is this was something that we knew was coming we we annexed it we annexed this property

02:10:44.560 --> 02:10:50.240
 in and the first thing you do when you annex it in is we basically annex it in and somebody

02:10:50.240 --> 02:10:54.680
 please correct me if I'm misstating but an accident essentially is agricultural and then

02:10:54.680 --> 02:11:01.120
 it comes in and the zoning is given that matches basically what the plan is and so this has

02:11:01.120 --> 02:11:06.160
 already gone through a lot of analysis and a lot of planning and this is just fulfilling

02:11:06.160 --> 02:11:13.400
 that plan I I think no matter what you do along west west over here near 380 the traffic

02:11:13.400 --> 02:11:17.440
 is in the going to end up on 380 no matter what whether it's got a direct connect to

02:11:17.440 --> 02:11:22.600
 it or not and I think that's one of the reasons why we do have our mobility plan and we do

02:11:22.600 --> 02:11:28.960
 have the city staff is sharing with text dot kind of how all that's supposed to kind of

02:11:28.960 --> 02:11:35.120
 plan out I will say if we if we want to table the comprehensive plan I don't think it makes

02:11:35.120 --> 02:11:41.160
 sense to do a zoning change because now we're we're basically making a zoning change that's

02:11:41.160 --> 02:11:47.360
 not going to meet the comprehensive plan and so but in order to get kind of what you're

02:11:47.360 --> 02:11:52.800
 wanting with a very comprehensive plan update we're essentially going to say people can't

02:11:52.800 --> 02:11:58.680
 do anything with their property along 380 develop it sell it you know for a year and

02:11:58.680 --> 02:12:03.480
 a half to say let's say it takes a year to get the comprehensive plan updated and takes

02:12:03.480 --> 02:12:07.400
 six months to get it through all the different committees so you're basically saying that

02:12:07.400 --> 02:12:11.520
 nobody can do anything with their property for two years that's I don't think that's

02:12:11.520 --> 02:12:20.320
 right either yeah I mean I think I'm I'm sensitive to that it's unfortunate at the same time

02:12:20.320 --> 02:12:27.600
 this body the planning and zoning commission is not part of the annexation process so we

02:12:27.600 --> 02:12:33.720
 didn't get an opportunity to hear or deliberate on those agreements that you're referring

02:12:33.720 --> 02:12:38.280
 to right understand that those are conversations that happen between staff and the applicant

02:12:38.280 --> 02:12:48.200
 and with council but this is our first bite of the apple yeah I mean my again I just think

02:12:48.200 --> 02:12:56.520
 the order is important so any other questions before we call for a roll call not really

02:12:56.520 --> 02:13:02.640
 questions I mean I agree with Commissioner Riggs when it goes through this process of

02:13:02.640 --> 02:13:07.560
 like annexation and the different approvals you know whether it's our body or the city

02:13:07.560 --> 02:13:12.520
 council it's kind of with that intention of what everybody knows is going to eventually

02:13:12.520 --> 02:13:18.720
 happen I don't really like the fact that tech start is coming back and saying you have to

02:13:18.720 --> 02:13:26.040
 have these decel lanes and all of this because in my mind when you look at 35 and everything

02:13:26.040 --> 02:13:32.960
 going west on 380 my guess is 10 years from now 20 years from now it's going to mirror

02:13:32.960 --> 02:13:39.340
 the east side of 380 and there are stoplights along the way because of traffic and safety

02:13:39.340 --> 02:13:49.080
 concerns and you know especially this the new arterial that's going to go in around

02:13:49.080 --> 02:13:56.120
 the floodplain that's going to be a major bus route commuter route and we already heard

02:13:56.120 --> 02:14:01.960
 from that small community just east of this area about the concerns with traffic and busing

02:14:01.960 --> 02:14:08.880
 and those kids basically being dropped off on 380 to walk on that sidewalk and this is

02:14:08.880 --> 02:14:16.080
 what's hard is because it is it's the chicken and the egg thing text that won't come until

02:14:16.080 --> 02:14:25.880
 there's houses and retail houses and retail sometimes won't come until there's major roads

02:14:25.880 --> 02:14:30.880
 and so somebody has to just make the move first and if we table it and wait a year and

02:14:30.880 --> 02:14:37.500
 a half then that's just going to prevent tech start you know coming in with the roads which

02:14:37.500 --> 02:14:42.320
 everybody complains about as you get these houses but yet you don't have the roads to

02:14:42.320 --> 02:14:49.400
 satisfy them so these are the growing pains and these are the tough decisions that you

02:14:49.400 --> 02:14:55.800
 know this this body has to make and then on to the City Council I would agree you know

02:14:55.800 --> 02:15:01.760
 with Commissioner Riggs and let's just move forward and do a vote okay thank you just

02:15:01.760 --> 02:15:10.400
 point of clarification Steph Chandra I think I know for a fair distance 380 has already

02:15:10.400 --> 02:15:15.280
 been widened to six lanes out here six lanes in this corner so it's so it's all the way

02:15:15.280 --> 02:15:21.680
 out to where we're talking about so there's not a in other words that that roadway is

02:15:21.680 --> 02:15:30.480
 already widened so as far as a capacity concern there it's more the access things that the

02:15:30.480 --> 02:15:35.200
 developer would do to build diesel lanes and that sort of thing for the development it's

02:15:35.200 --> 02:15:40.620
 not a regional capacity thing that tech start is waiting on more development to do right

02:15:40.620 --> 02:15:49.940
 okay thank you all right seeing no more discussion or questions at this time since nobody has

02:15:49.940 --> 02:15:57.240
 come down I will close the public hearing and at this time I'll call for a roll call

02:15:57.240 --> 02:16:05.840
 vote because we still don't have buttons Commissioner McDuff okay so I'm a nice table I'm sorry

02:16:05.840 --> 02:16:13.720
 yeah the what we're voting on is the the motion to table this to an event sort of table the

02:16:13.720 --> 02:16:21.920
 comprehensive plan amendment which is item 5a until an event certain where staff can

02:16:21.920 --> 02:16:33.640
 bring back a more micro regional plan of this area between the 288 West 380 corridor yes

02:16:33.640 --> 02:16:44.360
 and to repeat I'm a native table but I do so in support of a study a comprehensive study

02:16:44.360 --> 02:16:51.720
 but today this evening I'd like to move forward with this but I am in full support I'll say

02:16:51.720 --> 02:17:00.920
 that for the record of a comprehensive study for the 380 corridor West okay so you vote

02:17:00.920 --> 02:17:08.280
 nay nay Commissioner Riggs I vote nay also but I do want to echo what Commissioner McDuff

02:17:08.280 --> 02:17:13.880
 said I do think it's important to do the comprehensive plan and I totally support that but I we can't

02:17:13.880 --> 02:17:19.400
 just shut everything down at the same time while we're waiting for that okay chair is

02:17:19.400 --> 02:17:26.320
 an eye Commissioner Ketter said nay Commissioner Duff I'm gonna vote nay but I agree we need

02:17:26.320 --> 02:17:32.560
 to have there's so much growth and as you can see with landmark and coal ranch and Craver

02:17:32.560 --> 02:17:36.400
 Ranch we've got so much development that I think it's time that the comprehensive plan

02:17:36.400 --> 02:17:44.720
 needs to have a full a full review and update and Commissioner Carlin and I'm I okay that

02:17:44.720 --> 02:17:52.360
 motion fails 2 to 4 so now we're back to the the primary motion which is to approve the

02:17:52.360 --> 02:17:57.640
 the comprehensive plan amendment that can I get clarification on what your motion was

02:17:57.640 --> 02:18:02.200
 because I think it's cleaner from a staff perspective if we do one at a time yeah I'll

02:18:02.200 --> 02:18:09.800
 restate the motion basically I make a motion to recommend approval to council of item 5a

02:18:09.800 --> 02:18:22.040
 I yeah okay not see any and Commissioner Ketter said I need to second sure okay I do second

02:18:22.040 --> 02:18:31.460
 thank you not seeing any discussion I'll call for a vote Commissioner McDuff aye and Commissioner

02:18:31.460 --> 02:18:44.000
 Griggs Griggs I the chair is a nay and I'll just say that's because at this point I I

02:18:44.000 --> 02:18:52.320
 don't think the community wants another 380 East and I will not vote to build things in

02:18:52.320 --> 02:19:04.720
 a way that will kill people Commissioner Ketter said I Commissioner McDuff dire dire I will

02:19:04.720 --> 02:19:12.000
 vote I very good and Commissioner Garland and I will vote nay that motion passes 4 to

02:19:12.000 --> 02:19:20.920
 2 so the comprehensive plan amendment is approved Eric two more items I just want to echo your

02:19:20.920 --> 02:19:27.540
 sentiments to I don't want to prove anything that's going to cause people to die we heard

02:19:27.540 --> 02:19:36.760
 from staff that building this will result in a less safe quarter than what we have today

02:19:36.760 --> 02:19:44.000
 so do we have a motion or any questions or discussion on on the second item mobility

02:19:44.000 --> 02:19:49.840
 plan amendment I'll make a motion to approve item 5b or to recommend approval to council

02:19:49.840 --> 02:20:01.240
 105b okay and any second I'll second that second by Commissioner Ketter said any discussion

02:20:01.240 --> 02:20:10.400
 or questions seeing none I'll call for a vote on the board Commissioner McDuff aye Commissioner

02:20:10.400 --> 02:20:18.640
 Griggs aye chair is an aye again because I don't think that the presence of that arterial

02:20:18.640 --> 02:20:24.960
 really impacts the safety along the corridor and and we don't want to build 300 million

02:20:24.960 --> 02:20:31.360
 dollar bridges that the city needs to maintain after that Commissioner Ketter said I Commissioner

02:20:31.360 --> 02:20:41.720
 McDuff tire I am sorry Commissioner I'm going to vote I but I I hope that somehow the developer

02:20:41.720 --> 02:20:49.720
 in the city can convince tax dot to let cars go right and left out of that on to 380 instead

02:20:49.720 --> 02:20:54.720
 of having to go right and then go to the next intersection and do a u-turn for those individuals

02:20:54.720 --> 02:20:59.080
 leaving that community that would like to head east on 380 I don't know how you have

02:20:59.080 --> 02:21:05.160
 that I don't know how you make that happen but that would be the safer route a street

02:21:05.160 --> 02:21:21.120
 light intersection normal okay and Commissioner Garland I okay that item passes 6-0 yeah I'll

02:21:21.120 --> 02:21:30.880
 I'll just say the the additional flexibility that would afford in my opinion would would

02:21:30.880 --> 02:21:38.760
 create more injuries and more deaths it's it's a hard thing to do but you think a street

02:21:38.760 --> 02:21:42.720
 light at the intersection have you seen how many people run the red lights these days

02:21:42.720 --> 02:21:51.760
 okay that brings us to do we have a motion on the zoning change item item 5c I'll make

02:21:51.760 --> 02:21:58.560
 a motion to recommend approval to council on item 5c motion by Commissioner Riggs do

02:21:58.560 --> 02:22:06.960
 we have a second Commissioner McDuff I'll second that motion motion and a second any

02:22:06.960 --> 02:22:12.720
 discussion not seeing any I'll call for a roll call vote Commissioner McDuff I Commissioner

02:22:12.720 --> 02:22:23.360
 Riggs I chair is a nay Commissioner Ketchers said I Commissioner Dyer I and Commissioner

02:22:23.360 --> 02:22:44.520
 Garland I okay that item passes 5-1 brings us to our next public hearing item 5d z 25-15

02:22:44.520 --> 02:22:50.200
 you need again chair members of the commission Mia Heinz senior planner this item is a zoning

02:22:50.200 --> 02:22:59.000
 change for the estates at Craver Ranch z 25-0015 the property is just under 225 acres and

02:22:59.000 --> 02:23:06.800
 the request is to rezone the property from rr to r1 to allow for the development of per

02:23:06.800 --> 02:23:12.200
 the applicants stated intent one acre single-family residential lots the property is located at

02:23:12.200 --> 02:23:18.840
 the southwest bend of FM 2153 as you can see that County Road bends from north to south

02:23:18.840 --> 02:23:24.320
 here to east to west and the property is located sort of at the southwest corner the current

02:23:24.320 --> 02:23:30.720
 zoning is rural residential and the proposed zoning is r1 there are not much differences

02:23:30.720 --> 02:23:35.480
 with regard to the primary land uses that are permitted within this these zoning districts

02:23:35.480 --> 02:23:42.000
 rr is intended to be a little bit more leaning towards agriculture and farm and ranch land

02:23:42.000 --> 02:23:47.940
 and then r1 is typically strictly single-family residential as far as the differences with

02:23:47.940 --> 02:23:53.960
 regard to dimensions rr requires a minimum five acre lots and r1 does allow for the development

02:23:53.960 --> 02:23:59.120
 of s lots as small as 32,000 acres again the applicant has stated that their intent is

02:23:59.120 --> 02:24:06.680
 to develop this in accordance or is to develop one acre lots on this property so we received

02:24:06.680 --> 02:24:10.320
 this request and put it up against our criteria for approval and found that the proposed zoning

02:24:10.320 --> 02:24:16.400
 is consistent with the r1 purpose statement additionally the proposal is generally consistent

02:24:16.400 --> 02:24:21.820
 with the goals and policies of the flume the agriculture flume in this area for the Denton

02:24:21.820 --> 02:24:27.560
 2040 comprehensive plan the proposed zoning and development would be compatible with surrounding

02:24:27.560 --> 02:24:33.460
 contacts both within the city and the cities in ttj and then the zoning is not expected

02:24:33.460 --> 02:24:40.120
 to generate significant adverse environmental infrastructure or fiscal impacts the existing

02:24:40.120 --> 02:24:46.420
 agricultural flume designation and the request is compatible the r1 district is compatible

02:24:46.420 --> 02:24:51.840
 with that the intent for this flume is to is to denote areas that have large tracts

02:24:51.840 --> 02:24:57.080
 of land and active agricultural uses for preservation including ranch landfill crops and other similar

02:24:57.080 --> 02:25:02.120
 agricultural areas but it does allow for a maximum of one unit per 10 acres but also

02:25:02.120 --> 02:25:06.760
 may allow for lots as small as one acres which again has stated as the applicant's intent

02:25:06.760 --> 02:25:11.600
 the city's does not have a zoning district that has a minimum district or a lot size

02:25:11.600 --> 02:25:19.800
 of one acre it jumps from five acres to 32,000 square feet so the r1 district is as basically

02:25:19.800 --> 02:25:25.820
 as as less intensity of a district residential district that they could go to still be able

02:25:25.820 --> 02:25:32.680
 to develop one acre lots on this property this is also helping us achieve other goals

02:25:32.680 --> 02:25:38.600
 to grow resourcefully given that the recently approved craver ranch development is coming

02:25:38.600 --> 02:25:44.000
 with some utility improvements in this area as well as growing with balance establishing

02:25:44.000 --> 02:25:49.000
 a land use designation that is responding to the needs and character specifications

02:25:49.000 --> 02:25:54.720
 of the denton community we do see that with the craver ranch developments of the southwest

02:25:54.720 --> 02:26:00.040
 there's incoming a mix of housing types and densities that i'll get into here in a second

02:26:00.040 --> 02:26:05.720
 and this would provide a completely different housing product that is a larger lot size

02:26:05.720 --> 02:26:12.660
 a larger home while still being a density in a number of lots that would be beneficial

02:26:12.660 --> 02:26:19.200
 to the city so this r1 or zoning district purpose statement is to preserve existing

02:26:19.200 --> 02:26:23.940
 single-family neighborhoods ensure that any new development promotes conservation of scenic

02:26:23.940 --> 02:26:30.540
 and rural areas in open space the r1 is intended to be compatible with existing land use patterns

02:26:30.540 --> 02:26:36.720
 in the area and transitions between rural development and large residential neighborhoods so what

02:26:36.720 --> 02:26:41.720
 i have shown here is that the craver ranch development to the southwest again was developed

02:26:41.720 --> 02:26:47.360
 in the pd the approximate density and the phases adjacent to this area are ranged from

02:26:47.360 --> 02:26:52.680
 about 4.5 dwelling units per acre to about 5.2 dwelling units per acre the subject property

02:26:52.680 --> 02:26:58.320
 of course the intent is to develop with one acre lots but they can jump down to 32,000

02:26:58.320 --> 02:27:02.440
 if this is approved as a straight rezoning and then i wanted to point out some of the

02:27:02.440 --> 02:27:09.080
 other zoning that we see within the city's etj via the lake ray roberts zoning here so

02:27:09.080 --> 02:27:13.920
 what we're seeing just adjacent to the property is a minimum one acre lot size again similar

02:27:13.920 --> 02:27:18.640
 to what the applicant is proposing with their development i mean then on the other side

02:27:18.640 --> 02:27:23.440
 of the property we see a minimum four acre lot sizes per the ray roberts lake ray roberts

02:27:23.440 --> 02:27:29.520
 zoning so it is again that natural sort of serving as a transition between higher or

02:27:29.520 --> 02:27:35.080
 mixed use of density here moderate low density here and then significantly lower rural kind

02:27:35.080 --> 02:27:42.400
 of density within the city's etj so we did put this up against the or we did send out

02:27:42.400 --> 02:27:50.420
 a notification for this property some of the property that the city of butts is or that

02:27:50.420 --> 02:27:55.520
 abuts this property is within the city's etj but we did send out public hearing notices

02:27:55.520 --> 02:28:03.280
 and received none in response for with regard to this case as of this evening with that

02:28:03.280 --> 02:28:09.000
 stuff is recommending approval of the zoning change from r1 or from rr to r1 as it complies

02:28:09.000 --> 02:28:15.360
 with the criteria and i will happily answer any questions that you have at this time the

02:28:15.360 --> 02:28:19.720
 applicants are also here if you would like to ask them questions okay at this time i

02:28:19.720 --> 02:28:25.020
 will open the public hearing on this item any questions for staff before we hear from

02:28:25.020 --> 02:28:38.980
 applicant in the public i have one the does staff believe there's any errors in the fiscal

02:28:38.980 --> 02:28:52.520
 analysis provided on this item i do not believe so okay i when considering larger lot homes

02:28:52.520 --> 02:29:03.120
 the idea of getting what it says 88.5 million dollars over 40 years sounds excessive when

02:29:03.120 --> 02:29:10.840
 i compare that to the impact fee roadway impact fee expected revenue it sounds like the number

02:29:10.840 --> 02:29:18.040
 of homes we're expecting is about 78 and so the average home value in this area would

02:29:18.040 --> 02:29:23.620
 have to be five and a half million dollars in order to make the math work so is that

02:29:23.620 --> 02:29:33.280
 accurate or is there an issue here good evening commission charles rosen all interim director

02:29:33.280 --> 02:29:38.800
 of development services the fiscal impact analysis that was done is using the fiscal

02:29:38.800 --> 02:29:44.240
 impact tool that we've been using since 2020 that was developed by a com has been used

02:29:44.240 --> 02:29:52.780
 to bring items before this commission since that time so so help me understand how it

02:29:52.780 --> 02:30:00.760
 gets to 88 million over 40 years i mean we're talking about two and a half but 2.1 and one

02:30:00.760 --> 02:30:07.040
 five million per year on 78 homes yeah i'm not sure i don't know the details of fiscal

02:30:07.040 --> 02:30:12.160
 impact is specifically related to this development i'd have to go back and look at it further

02:30:12.160 --> 02:30:18.220
 but as i stated this has been the tool that we've been using for quite some time i will

02:30:18.220 --> 02:30:24.400
 add we we too initially questioned it so we did rerun the numbers several times to verify

02:30:24.400 --> 02:30:29.260
 that all the inputs were correct and that is the output that was given our best assumption

02:30:29.260 --> 02:30:35.000
 is it's just assuming that probably higher home value based on the lot sizes okay thank

02:30:35.000 --> 02:30:40.260
 you maybe it's something that we request our cfo to come up and explain that because we've

02:30:40.260 --> 02:30:45.160
 had the question now and these financial analyses and i feel like we should have somebody with

02:30:45.160 --> 02:30:50.520
 a very strong finance background probably diving into that okay yeah i don't think we

02:30:50.520 --> 02:30:58.280
 have anybody from staff here of that qualification right now but just wanted to to see what what

02:30:58.280 --> 02:31:04.020
 the thought was thank you for the the background that helps um not seeing any more questions

02:31:04.020 --> 02:31:12.880
 of staff oh yes i'm sorry um it looks like in the um maybe the the summary that was provided

02:31:12.880 --> 02:31:17.940
 was an error um in my report i have the correct number which is closer to about 2.3 million

02:31:17.940 --> 02:31:26.120
 over for 40 years so i'll have to get that um that sounds more like the right number

02:31:26.120 --> 02:31:29.080
 to me i'll have to get that get that back to you i don't i'm not sure what happened

02:31:29.080 --> 02:31:34.520
 i think maybe the wrong summary um a screenshot was added but i do know that the the tool

02:31:34.520 --> 02:31:39.400
 that we when we ran reran the the numbers for the tool um what's provided in the staff

02:31:39.400 --> 02:31:46.040
 analysis that number that 2.3 um i'm sorry that not the staff exhibit two is the staff

02:31:46.040 --> 02:31:53.400
 analysis correct yes um that that number is the more accurate number okay so i do apologize

02:31:53.400 --> 02:32:04.640
 for that no i'm just trying to understand so thank you that helps um okay uh this is

02:32:04.640 --> 02:32:10.280
 a public hearing so at this time i don't have any cards the applicant is certainly willing

02:32:10.280 --> 02:32:17.680
 to come speak if you would like to um or anybody other members of the public at this time if

02:32:17.680 --> 02:32:25.360
 you'd like to um just does the applicant wish to speak or just here for if there's any questions

02:32:25.360 --> 02:32:37.440
 okay any questions of the applicant i guess i'm just curious is my quick napkin math to

02:32:37.440 --> 02:32:42.520
 show the 88 million work would would require like four it was either four and a half or

02:32:42.520 --> 02:32:46.240
 five and a half million dollar homes is that the target price or is that not the target

02:32:46.240 --> 02:32:51.920
 price uh alexa night the dekey law 322 west wall that's the lineup um we are not privy

02:32:51.920 --> 02:32:57.480
 to to the home prices this is a separate um it's owned by the landowner and they just

02:32:57.480 --> 02:33:02.480
 wanted to go through a zoning case if the craver ranch master development was approved

02:33:02.480 --> 02:33:12.000
 um if that they are looking at about 115 single-family homes one acre lots okay thank you um that

02:33:12.000 --> 02:33:23.680
 helps me understand what's going on uh i mentioned this at the work session um it it's a little

02:33:23.680 --> 02:33:31.520
 bit different because you're not necessarily developing the property um were you made aware

02:33:31.520 --> 02:33:39.000
 of the provision or suggestion in our comp plan and our code to do conservation development

02:33:39.000 --> 02:33:45.680
 uh in in the rural areas uh yes and that's one thing that we took in into account when

02:33:45.680 --> 02:33:50.160
 we looked at the 2500 acre master plan really trying to cluster that and leave as much open

02:33:50.160 --> 02:33:54.320
 space as possible um even though it wasn't required with this there was a land plan that

02:33:54.320 --> 02:34:01.520
 was done and they did leave all the floodplain and the issa area alone um we did take into

02:34:01.520 --> 02:34:08.280
 account the 115 lots and the tdm and the and the drainage analysis so it's the one acre

02:34:08.280 --> 02:34:18.280
 lots are as clustered as they can be um outside of the floodplain in the issa area okay i think

02:34:18.280 --> 02:34:23.640
 when you read our comprehensive plan it talks about intentionally using lots much smaller

02:34:23.640 --> 02:34:31.400
 than one acre uh for that purpose right okay but but i understand yeah thank you yeah uh

02:34:31.400 --> 02:34:39.160
 any other questions of the applicant seeing none thank you any members of the public wishing

02:34:39.160 --> 02:34:48.560
 to speak on this item not seeing any sudden movement i will close the public hearing um

02:34:48.560 --> 02:34:57.920
 and open the floor for discussion or a motion i'll motion to approve okay motion to recommend

02:34:57.920 --> 02:35:02.880
 approval by commissioner ketter said is there a second i'll second that's second by commissioner

02:35:02.880 --> 02:35:15.880
 dyer any other questions or discussion i'll just say to me here's another example of we

02:35:15.880 --> 02:35:22.560
 have a comprehensive plan it's very specific about what the community's vision for or was

02:35:22.560 --> 02:35:30.000
 for the rural areas i won't belabor the the point of of what that text is because we went

02:35:30.000 --> 02:35:36.720
 over that last month um and in an area like this where normally you'd have one acre lots

02:35:36.720 --> 02:35:44.960
 it's how do we provide a different type of living than the rest of the dfw area is providing

02:35:44.960 --> 02:35:53.220
 it's how do we cluster these homes to preserve as much land as possible but not just the

02:35:53.220 --> 02:36:02.000
 floodplain or environmentally sensitive areas but just land um and it's not just for environmental

02:36:02.000 --> 02:36:06.800
 and preservation reasons and habitat reasons but it's also for fiscal reasons because we

02:36:06.800 --> 02:36:16.200
 can talk about um talk about lessening the length of utility and and roadways to service

02:36:16.200 --> 02:36:24.320
 the development if the if the homes are clustered closer than one acre lots um you know finally

02:36:24.320 --> 02:36:30.240
 i'll say uh i appreciate commissioner riggs point that that maybe in the future we could

02:36:30.240 --> 02:36:37.200
 dig into this some more um but as is if if the real number is about 2.3 million instead

02:36:37.200 --> 02:36:54.160
 of the 88 million then um sorry pull it up real quick here then the the 40 year um ending

02:36:54.160 --> 02:37:03.360
 total right instead of being 95 million dollars positive which seems crazy um it's it's more

02:37:03.360 --> 02:37:11.360
 like i guess it would be slightly positive but uh it's a very different answer so any

02:37:11.360 --> 02:37:18.960
 other questions or comments yeah i would just say that i think with the with it being zoned

02:37:18.960 --> 02:37:22.480
 rural residential which is the larger lots and with the craver ranch i do think this

02:37:22.480 --> 02:37:28.000
 does to commissioner dyer's point and work session it is a nice buffer to those other

02:37:28.000 --> 02:37:32.400
 larger lots i i totally understand your your thoughts on cluster development and i definitely

02:37:32.400 --> 02:37:36.240
 am total agreement with you that they're needed and i don't know about the financial part

02:37:36.240 --> 02:37:41.840
 of of your thoughts but i do think they definitely have a purpose you know i think it when we

02:37:41.840 --> 02:37:50.840
 look about it there are other ways of developing areas especially in a rural fringe that save

02:37:50.840 --> 02:37:57.280
 money that the residents of that area would like more i guarantee you that the future

02:37:57.280 --> 02:38:01.560
 developers of this property don't want to spend two million dollars a lane mile building

02:38:01.560 --> 02:38:05.960
 concrete roadways that are going to get four cars a day on them but that's what our code

02:38:05.960 --> 02:38:11.440
 requires and then the city gets that roadway and we have to maintain it we have to rebuild

02:38:11.440 --> 02:38:17.800
 it um you can build narrower streets you can build asphalt you can build gravel you can

02:38:17.800 --> 02:38:24.040
 build bar ditches that are a whole lot cheaper than manhole drainage and in areas where there's

02:38:24.040 --> 02:38:32.520
 very low impervious coverage it works great but our code doesn't allow that so not seeing

02:38:32.520 --> 02:38:39.960
 any other discussion i'll call for a roll call vote commissioner mcduff aye commissioner

02:38:39.960 --> 02:38:47.880
 riggs aye chair is a nay commissioner catcher said aye commissioner mcduff commissioner

02:38:47.880 --> 02:38:56.320
 dire aye we're sister's girl commissioner garland nay you're both two people away from

02:38:56.320 --> 02:39:06.760
 me okay that item passes four to two brings us to our next public hearing which is item

02:39:06.760 --> 02:39:23.200
 five e sd 25-1 good evening chair and commission cameron robertson principal planner um so

02:39:23.200 --> 02:39:29.480
 uh this is a request this evening for a special uh signed district for the landmark formerly

02:39:29.480 --> 02:39:36.180
 known as hunter ranch uh the parcel is approximately 120 acres located on that northwest corner

02:39:36.180 --> 02:39:42.960
 of i-35 west and robertson ranch road um as you can see on the map there are they do have

02:39:42.960 --> 02:39:48.360
 arterial um frontage along i-35 west frontage road robertson ranch road and then landmark

02:39:48.360 --> 02:39:54.240
 trail um it will include a grocery um anchored store retail along with some other commercial

02:39:54.240 --> 02:40:01.520
 uses and residential use uh uses uh due to the parcel size specifically um and the perimeter

02:40:01.520 --> 02:40:07.840
 easement constraints especially along that 35 west corridor um also being along i-35

02:40:07.840 --> 02:40:12.520
 west um and just because of the phasing of this larger scale development uh landmark

02:40:12.520 --> 02:40:21.120
 really does have to rely on larger signs um and have that visibility to support its tenants

02:40:21.120 --> 02:40:25.800
 so the request this evening specifically um just kind of to dive in um is looking at nine

02:40:25.800 --> 02:40:31.000
 multi-tenant ground signs which are highlighted there by the stars on the map um there are

02:40:31.000 --> 02:40:35.680
 some additional new ground sign types um which were provided in your backup and i'm going

02:40:35.680 --> 02:40:41.880
 to go into further detail on the next slide um it will um does allow uh wind devices wall

02:40:41.880 --> 02:40:47.080
 signs portable signs and menu boards um to not be permitted unless they don't meet the

02:40:47.080 --> 02:40:52.320
 standards set within that uh special sign district um there are some maximum effective

02:40:52.320 --> 02:40:58.760
 areas for multi-tenant signs and temporary signs that don't meet the um chapter 33 ordinance

02:40:58.760 --> 02:41:04.080
 um but those are specifically located really along 35 west um specifically highlighting

02:41:04.080 --> 02:41:09.240
 looking at that big green star there that's that for effective area 400 square feet um

02:41:09.240 --> 02:41:13.640
 and then now lastly the request is looking at maximum height for temporary signs along

02:41:13.640 --> 02:41:21.360
 35 west um once again because there is that large easement um along 35 west um and looking

02:41:21.360 --> 02:41:27.480
 just for some larger um height signs so this is a lot of information i know there's a lot

02:41:27.480 --> 02:41:31.720
 of information in your backup so i'm going to just kind of give you some of the key highlights

02:41:31.720 --> 02:41:36.640
 here um but specifically first looking at the definitions uh you do see the introduction

02:41:36.640 --> 02:41:42.760
 uh introduction of some new ground sign types um specifically multi-tenant sign um single

02:41:42.760 --> 02:41:49.840
 tenant sign pedestrian um directory and directional signs um additionally as i stated in my previous

02:41:49.840 --> 02:41:55.640
 slide there are some new permitted signs that are allowed um maximum effective area section

02:41:55.640 --> 02:42:00.600
 uh specifically along that 35 west we're going to see those larger um effective area signs

02:42:00.600 --> 02:42:05.320
 um but then you do see those pedestrian directory and directional signs are actually smaller

02:42:05.320 --> 02:42:11.280
 than what is permitted um within our uh ordinance um and temporary signs as well are going to

02:42:11.280 --> 02:42:16.600
 be a little bit larger along those primary arterials in the 35 west maximum height section

02:42:16.600 --> 02:42:22.000
 um pedestrian and directional signs they're going to be shorter than what we see within

02:42:22.000 --> 02:42:26.280
 our chapter 33 ordinance um and then we'll see a little bit taller for those temporary

02:42:26.280 --> 02:42:30.520
 signs because as i stated this is a phase development and it's going to develop over

02:42:30.520 --> 02:42:34.680
 a long period of time so we want to make sure that there's just a high visibility along

02:42:34.680 --> 02:42:41.920
 the roadways uh minimum setback requirements um due to the textile right of way um specifically

02:42:41.920 --> 02:42:46.960
 there uh the special sign district is asking for that minimum setback of zero feet um just

02:42:46.960 --> 02:42:52.960
 because there is those easements along 35 west and then lastly they do meet those number

02:42:52.960 --> 02:42:58.960
 of ground signs um but they are asking for the additional um single tenant signs when

02:42:58.960 --> 02:43:05.160
 there's a multi-tenant sign allowed um looking specifically at the comprehensive sign package

02:43:05.160 --> 02:43:10.840
 and then compatibility um once again looking at that scale just making sure that there's

02:43:10.840 --> 02:43:15.440
 visibility along that 35 west corridor and just making sure that there's numerous way

02:43:15.440 --> 02:43:20.800
 finding signs to direct drivers and visitors um looking at color material and shapes it

02:43:20.800 --> 02:43:27.720
 is controlled by ccrs which are operated by hunter ranch um it's just and they'll have

02:43:27.720 --> 02:43:32.040
 a design board that essentially reviews each of those signs that come in to make sure that

02:43:32.040 --> 02:43:37.040
 they are consistent in terms of in uniform with the commercial area being developed they

02:43:37.040 --> 02:43:43.120
 will have to meet the mpc sections for landscaping so the street trees and that additional screening

02:43:43.120 --> 02:43:48.800
 from the right of way um in terms of traffic safety and traffic circulation um multi-tenants

02:43:48.800 --> 02:43:54.280
 um minus along 35 single tenants pedestrian directory and directional sign they all meet

02:43:54.280 --> 02:43:59.840
 those minimum setback requirements within our chapter 33 ordinance um and then they

02:43:59.840 --> 02:44:05.780
 aren't proposing any unlimited ground signs um they aren't um and it's just as i stated

02:44:05.780 --> 02:44:10.200
 to promote the commercial area and direct vehicular and pedestrian traffic um portable

02:44:10.200 --> 02:44:16.680
 signs um the current regulations do prohibit portable signs if they're not properly registered

02:44:16.680 --> 02:44:22.000
 um non-conforming portable signs as provided within our chapter 33 um specifically within

02:44:22.000 --> 02:44:27.160
 the landmarks as special sign district it is providing some restrictive language um limiting

02:44:27.160 --> 02:44:33.640
 that maximum effective area which is uh 12 square feet maximum maximum height which would

02:44:33.640 --> 02:44:41.120
 be three feet six inches maximum and then only allowing two per business uh public outreach

02:44:41.120 --> 02:44:48.000
 was um done in november and the signs were posted in early december uh those mail notices

02:44:48.000 --> 02:44:53.800
 for the 200 foot and that courtesy notice for 500 feet and we did not receive any responses

02:44:53.800 --> 02:44:57.760
 uh staff is recommending the approval of the request as it does comply with our criteria

02:44:57.760 --> 02:45:06.880
 section 33.18.4 for our um special sign district um i can answer any questions and uh the applicant

02:45:06.880 --> 02:45:08.760
 is here if you do have any questions for the applicant

02:45:08.760 --> 02:45:17.960
 um any questions of staff commissioner dire

02:45:17.960 --> 02:45:27.160
 um in one of the things that they are wanting to um possibly have it said wind devices can

02:45:27.160 --> 02:45:31.440
 you explain like what that exactly is going to look like

02:45:31.440 --> 02:45:38.680
 so um in terms of wind devices that would be like a banner on a pole like a white pole

02:45:38.680 --> 02:45:46.080
 so um in your backup packet in the exhibit a i'm gonna pull it up here oh wait no it's

02:45:46.080 --> 02:45:53.760
 not here my apologies um so my best example would be if you're driving down carol boulevard

02:45:53.760 --> 02:46:01.800
 you see some of the um notifications of just uh denton halloween or for tw so kind of those

02:46:01.800 --> 02:46:07.200
 banner signs that you see on light poles as you're driving so like the ones that look

02:46:07.200 --> 02:46:11.200
 like this and they're kind of correct so not like a kite like when i hear wind device i

02:46:11.200 --> 02:46:18.480
 hear i think kite or something like that but okay thank you

02:46:18.480 --> 02:46:22.920
 i have a question maybe it's because i just didn't follow everything but i thought you

02:46:22.920 --> 02:46:29.240
 when you were referring to the temporary signs and referring to our our code section there

02:46:29.240 --> 02:46:36.600
 you said something about 12 square feet um yes so in your back backup packet for temporary

02:46:36.600 --> 02:46:44.760
 signs um or no portable signs that'd be an effective area of 12 square feet okay can

02:46:44.760 --> 02:46:51.880
 you explain what a portable sign is so that would be like a sandwich board sign okay the

02:46:51.880 --> 02:47:01.400
 thought i have is just many of our local election signs that go in more visible areas are more

02:47:01.400 --> 02:47:08.540
 than 12 square feet i want to make sure that we're not inadvertently creating a speech

02:47:08.540 --> 02:47:15.760
 issue there does that make sense yes i'm going to pass it to hayley well so i think the 12

02:47:15.760 --> 02:47:19.160
 square feet is for the portable signs which would not be the same as like a temporary

02:47:19.160 --> 02:47:24.240
 political sign yes got it thank you portable like i can pick it up and stick it in the

02:47:24.240 --> 02:47:31.000
 closet yes without pulling it out of the ground correct okay i took those as like those a

02:47:31.000 --> 02:47:36.520
 frame signs that like you know sometimes like a starbucks will have and it'll say like um

02:47:36.520 --> 02:47:41.720
 you know peppermints hot cocoa special today or something yeah although now you have to

02:47:41.720 --> 02:47:46.520
 mount those up higher because eighty nine percent of the people are just going through

02:47:46.520 --> 02:47:55.160
 the drive-thru okay at this point i will open the public hearing i do not have any cards

02:47:55.160 --> 02:47:59.120
 on this item wishing to speak but it is a public hearing you certainly may come down

02:47:59.120 --> 02:48:07.840
 and speak if you'd like to uh is the applicant here okay just available for questions if

02:48:07.840 --> 02:48:15.960
 there are any are there any questions of the applicant from the commission i don't see

02:48:15.960 --> 02:48:24.800
 any okay at this point i will close oh sorry okay i'll close the public hearing and open

02:48:24.800 --> 02:48:31.460
 the floor for discussion or a motion uh commissioner garland i will make a motion to approve based

02:48:31.460 --> 02:48:37.880
 on staff's recommendations i'll second motion by commissioner garland second by commissioner

02:48:37.880 --> 02:48:47.000
 riggs seeing no further discussion call for a vote roll call vote commissioner mcduff

02:48:47.000 --> 02:48:54.360
 commissioner riggs aye chair is an aye commissioner uh catcher said aye commissioner dire aye

02:48:54.360 --> 02:49:01.360
 commissioner garland aye that item passes six zero brings us to our next public hearing

02:49:01.360 --> 02:49:16.920
 of the evening item 5f s-twenty-five dash seven good evening chair members of the commission

02:49:16.920 --> 02:49:21.880
 angie manglares assistant planning director here to present s-twenty-five zero zero zero

02:49:21.880 --> 02:49:27.140
 seven this is denton 20 a little bit about this this is a specific use permit request

02:49:27.140 --> 02:49:33.240
 for a modular data center on approximately four point zero six four acres of land generally

02:49:33.240 --> 02:49:39.400
 located 1800 feet south of jim crystal road west of western boulevard and adjacent to

02:49:39.400 --> 02:49:44.000
 the rd wells substation a little bit of split zoning on this property it's predominantly

02:49:44.000 --> 02:49:48.880
 zoned public facilities but there is some heavy industrial zoning as well both of these

02:49:48.880 --> 02:49:53.120
 zoning districts do require a specific use permit for a modular data center which is

02:49:53.120 --> 02:49:59.280
 why we are before you this evening the site is currently it's unimproved there is some

02:49:59.280 --> 02:50:04.680
 gravel on the site it is accessed only by way of an access easement off of jim crystal

02:50:04.680 --> 02:50:11.080
 road it's previously been used as sort of a storage area for dme it is predominantly

02:50:11.080 --> 02:50:16.400
 surrounded by hi zoning consistent with that there's a variety of industrial manufacturing

02:50:16.400 --> 02:50:21.960
 land uses surrounding the property this proposed modular data center is consistent with the

02:50:21.960 --> 02:50:26.920
 approved lease and power purchase agreement with the dme for the operation of a modular

02:50:26.920 --> 02:50:33.080
 data center staff did review the specific use permit against our criteria for approval

02:50:33.080 --> 02:50:37.160
 do you find it is consistent with the goals in the future land use designation and the

02:50:37.160 --> 02:50:41.800
 comprehensive plan it is consistent with the specific standards as set forth for a modular

02:50:41.800 --> 02:50:47.560
 data center and approval of this permit is not expected to generate any significant adverse

02:50:47.560 --> 02:50:53.920
 impacts to the city again this is the future land use map it is designated as industrial

02:50:53.920 --> 02:51:00.640
 commerce this area is generally found west of i-35w near the municipal airport it does

02:51:00.640 --> 02:51:07.640
 include a mix of industrial uses light and heavy it can include manufacturing or assembly

02:51:07.640 --> 02:51:12.440
 and it is important to consider any transitions to sensitive land uses when when reviewing

02:51:12.440 --> 02:51:17.400
 applications in this area a little bit more about this use and how it relates to that

02:51:17.400 --> 02:51:22.840
 this is situated west of i-35w and is immediately adjacent to the arty well substation it's

02:51:22.840 --> 02:51:28.120
 generally compatible with the surrounding area there is a substation next door it is also

02:51:28.120 --> 02:51:34.080
 adjacent to the peter belt manufacturing into the south as tetra pack as well as a gas well

02:51:34.080 --> 02:51:39.000
 given its location there's not anticipated to be any visual or auditory impacts it is

02:51:39.000 --> 02:51:43.280
 situated off of the right-of-way sandwich between the arty well substation and peter

02:51:43.280 --> 02:51:48.840
 belt and it's adequately spaced from any sensitive land uses the closest residential use would

02:51:48.840 --> 02:51:55.520
 be some multi-family it's further to the east closer to i-35 itself so the use is consistent

02:51:55.520 --> 02:52:00.560
 with the future land use purpose and goals we did conduct public notification in accordance

02:52:00.560 --> 02:52:05.160
 with state law as well as our own code of ordinances have not received any responses

02:52:05.160 --> 02:52:12.200
 back in favor neutral or in opposed staff does have a couple of conditions to associate

02:52:12.200 --> 02:52:17.840
 with a specific use permit binding them to the site plan that you all see today it touches

02:52:17.840 --> 02:52:25.360
 on the noise assessment that must be submitted as well as just access specifications so staff

02:52:25.360 --> 02:52:29.720
 is recommending approval with the inclusion of these conditions the next step would be

02:52:29.720 --> 02:52:34.000
 city council tentatively scheduled for january 13th and i'm happy to answer any questions

02:52:34.000 --> 02:52:43.240
 you may have any commissioner dire if you're recommending approval with a couple of conditions

02:52:43.240 --> 02:52:49.380
 do they have to have those conditions like if we approve this and recommend this does

02:52:49.380 --> 02:52:53.600
 the applicant have to have those conditions met by the time it goes in front of the city

02:52:53.600 --> 02:52:58.360
 council or is it still kind of carries on they will approve it but you got to get these

02:52:58.360 --> 02:53:03.240
 things done sure so conditions with specific use permits are a little unique we're saying

02:53:03.240 --> 02:53:07.640
 we're fine with the use and we're fine as we saw it in it's attached as exhibit eight

02:53:07.640 --> 02:53:13.360
 for you all so really condition one is calling out that the site needs to comply with the

02:53:13.360 --> 02:53:17.560
 site plan that we've seen so we'll look for that at building permit and does allow for

02:53:17.560 --> 02:53:22.560
 minor modifications to be approved by staff which is typical with any sup to account for

02:53:22.560 --> 02:53:26.200
 you know anything that may come in when you're actually on the ground again no more than

02:53:26.200 --> 02:53:31.320
 five percent change in landscape area or parking which for this site is going to be very minimal

02:53:31.320 --> 02:53:36.560
 it does also refer back to that noise assessment that's required and it's just a reminder

02:53:36.560 --> 02:53:42.040
 that when this is built it does need to be provided to staff and then also some specifications

02:53:42.040 --> 02:53:46.720
 about access because it's only accessed off of an access easement and then the other is

02:53:46.720 --> 02:53:51.760
 about making sure the zoning map matches so these are things that will live with the sup

02:53:51.760 --> 02:53:55.280
 anything that triggers you know above and beyond this we might have to do an amendment

02:53:55.280 --> 02:53:59.320
 so it's really more for staff than anybody else to keep track of what was approved and

02:53:59.320 --> 02:54:07.120
 what needs to be done going forward thank you commissioner Garland do we know how close

02:54:07.120 --> 02:54:13.700
 like the closest residential area like how close is the closest residential area or like

02:54:13.700 --> 02:54:18.360
 home a map will be more helpful if you can give me a moment it is greater than a thousand

02:54:18.360 --> 02:54:24.520
 feet away and the closest would be a there is a I think it's called the retreat it is

02:54:24.520 --> 02:54:46.240
 a multifamily development closer to thirty five itself so this is the retreat dentin

02:54:46.240 --> 02:54:52.280
 here and then this is the subject site that we're talking about here so as the crow flies

02:54:52.280 --> 02:54:58.060
 I think when I measured it was close to twelve hundred feet or so just rough estimate but

02:54:58.060 --> 02:55:04.200
 there is you know a significant amount of other activity that's occurring in the area

02:55:04.200 --> 02:55:08.680
 with this use again we're most concerned about noise and so they can't increase the decibels

02:55:08.680 --> 02:55:14.360
 by more than the ambient by more than three their initial studies do show that they can

02:55:14.360 --> 02:55:17.920
 be consistent with that but they are required to verify that when it's installed it is meeting

02:55:17.920 --> 02:55:22.840
 those requirements to does forgive me for not knowing the term but like the builder

02:55:22.840 --> 02:55:28.500
 or the individual that's that's doing this do they have other data centers and other

02:55:28.500 --> 02:55:34.920
 places that they could kind of tell us what is comparable with regards to you know noise

02:55:34.920 --> 02:55:42.520
 and light emissions and just general well-being of the community and how they feel about it

02:55:42.520 --> 02:55:49.760
 sure there will be no additional lighting associated with this site and the applicant

02:55:49.760 --> 02:55:53.480
 is here and they can talk about if they have any more but it's seventy decibels it should

02:55:53.480 --> 02:55:57.560
 be pretty comparable to the other noises that are in the area given the manufacturing nature

02:55:57.560 --> 02:56:08.200
 but if you like to hear more about their other ones I can call them up that would be great

02:56:08.200 --> 02:56:15.640
 evening chair thank you council members Spencer Smith director of engineering at cumulus AI

02:56:15.640 --> 02:56:23.960
 twenty one forty six Roswell Road Marietta Georgia in answer to your question we have

02:56:23.960 --> 02:56:33.040
 other data centers they are of basically an air-cooled nature most of them this is a unique

02:56:33.040 --> 02:56:40.640
 and newer more efficient method of cooling the servers and it's done through liquid cooling

02:56:40.640 --> 02:56:48.000
 so the graphic that Angie pulled up in the work session earlier kind of indicates that

02:56:48.000 --> 02:56:55.800
 the only equipment running outside would be fans rejecting the heat so that is significantly

02:56:55.800 --> 02:57:03.120
 cooler it's likened to basically the the heat rejection on top of industrial buildings for

02:57:03.120 --> 02:57:12.240
 AC units okay and then what is like and forgive me what is the lifespan on one of these things

02:57:12.240 --> 02:57:31.180
 of the entire ten to twenty years at least okay thank you

02:57:31.180 --> 02:57:36.880
 commission ricks I just have one question is this piece of property owned by the city

02:57:36.880 --> 02:57:55.680
 and this is essentially a lease agreement between the data center and yes I've got one

02:57:55.680 --> 02:58:00.680
 I trust staff so so I imagine the answer is it's all taken care of I just have to make

02:58:00.680 --> 02:58:12.300
 sure it talks about a 20 megawatt target is is that lease agreement or some sort of business

02:58:12.300 --> 02:58:19.920
 agreement define that so that if there's a change in that number it's the this SUP is

02:58:19.920 --> 02:58:27.280
 flexible enough to allow that to change without a zoning change but DME still gets to approve

02:58:27.280 --> 02:58:33.760
 whether we have the capacity at that substation I can only speak high level to that and I

02:58:33.760 --> 02:58:38.580
 can I can circle back with more detail just so you know I did look through the the agreements

02:58:38.580 --> 02:58:43.800
 that were approved and DME does have the ultimate like flexibility to determine yes we can still

02:58:43.800 --> 02:58:48.320
 serve you all or not from the planning and land use standpoint we're going to be most

02:58:48.320 --> 02:58:52.320
 concerned with are we adding like another data pod or something that would trigger changes

02:58:52.320 --> 02:58:57.400
 to that SUP but from the actual supplying of energy side that that's really all handled

02:58:57.400 --> 02:59:05.640
 through their DME and their various agreements with the operator okay any other questions

02:59:05.640 --> 02:59:12.920
 commissioner Garland I just have a couple more can I ask you so the other sites that

02:59:12.920 --> 02:59:19.080
 you currently have have you had any feedback when it comes to residents or like like residential

02:59:19.080 --> 02:59:26.160
 impact or impact to wildlife or anything like that sorry sorry interrupt just so that we

02:59:26.160 --> 02:59:31.360
 can have it on the record especially since we're a little bit anti-computer tonight if

02:59:31.360 --> 02:59:34.760
 you could state your name and address just for the record and then address the question

02:59:34.760 --> 02:59:43.800
 sure Spencer Smith director of engineering humans AI 2146 Roswell Road Mariana Georgia

02:59:43.800 --> 02:59:51.720
 so the other sites that we have like I said are of a differing technology so being air

02:59:51.720 --> 02:59:57.840
 cooled and more traditional air cooled they are a bit louder but they are also located

02:59:57.840 --> 03:00:09.520
 in very rural areas typically this is as I said before a liquid cooled data center which

03:00:09.520 --> 03:00:16.800
 is dramatically quieter from a noise standpoint Angie mentioned the ambient noise at around

03:00:16.800 --> 03:00:22.560
 sixty two to sixty three DB so what is that complete give me an example of what else would

03:00:22.560 --> 03:00:29.320
 sound that loud because I don't really speak that language what so the ambient level in

03:00:29.320 --> 03:00:36.280
 that area it's it's basically halfway between I-35 and the airport so you have a lot of

03:00:36.280 --> 03:00:45.720
 road noise you have air traffic noise as well as the industrial noise around it it's it's

03:00:45.720 --> 03:00:51.760
 basically the sound of a busy road okay effectively okay and then you mentioned like how it's

03:00:51.760 --> 03:00:59.320
 liquid cold obviously we know kind of just through other you know so what does that mean

03:00:59.320 --> 03:01:03.320
 exactly like how much water does it use does it recycle the water where does the water

03:01:03.320 --> 03:01:09.720
 come from how often does it need to replace things like that it's a great question this

03:01:09.720 --> 03:01:15.960
 liquid cooling technology uses a dielectric fluid similar to the fluid that is inside

03:01:15.960 --> 03:01:22.760
 of electrical transformers so it's non-conductive the servers are submerged in the fluid that

03:01:22.760 --> 03:01:29.800
 fluid warms up transitions outside rejects the heat and then circulates back in there

03:01:29.800 --> 03:01:38.400
 is no water usage okay thank you that's a that's a novel technology that's actually

03:01:38.400 --> 03:01:50.800
 just gaining traction over the last five to ten years all right thank you any other questions

03:01:50.800 --> 03:02:02.320
 or discussion or a motion I'll make a motion to approve motion by commissioner I'll second

03:02:02.320 --> 03:02:09.840
 second by commissioner catcher said not seeing any more discussion I'll call for a vote by

03:02:09.840 --> 03:02:16.640
 roll call commissioner McDuff yes I'm going to support this but I will share that I have

03:02:16.640 --> 03:02:22.960
 had concerns about the noise and the vibration assessment we talked about that in our work

03:02:22.960 --> 03:02:29.920
 session but here this evening and just in data centers in general in the use of utilities

03:02:29.920 --> 03:02:36.800
 inordinate use of utilities and the cooling system which I think we do have we did get

03:02:36.800 --> 03:02:44.440
 addressed the one thing that saves me on this is that it is utilizing city property and

03:02:44.440 --> 03:02:51.980
 it's not clearing and developing a greenfield site yet another greenfield site so I for

03:02:51.980 --> 03:03:00.080
 that reason I'm voting aye on this commissioner Riggs yeah I'm voting I'll go ahead and state

03:03:00.080 --> 03:03:05.200
 reasons I think so too is one it's pretty much just gravel on the ground right now so

03:03:05.200 --> 03:03:09.900
 I don't think there'd be any environmental impacts and it is sandwiched between the airport

03:03:09.900 --> 03:03:15.340
 and Peterbilt so I don't think there's there's going to be any increase in noise but yeah

03:03:15.340 --> 03:03:25.760
 in the sport I yeah I'll just say I'm very proud of the work that the past development

03:03:25.760 --> 03:03:33.600
 code review committee and and PNZ and council did to to establish the the noise and other

03:03:33.600 --> 03:03:42.120
 requirements that we have to be able to be flexible on a site basis but really encourage

03:03:42.120 --> 03:03:49.460
 these types of centers that come in with low water use because there's a correlation between

03:03:49.460 --> 03:03:58.560
 high evaporative water use systems and noise that that keeps our water use down but also

03:03:58.560 --> 03:04:05.120
 is is sensitive to the the impacts from a noise perspective so the chair is an eye commissioner

03:04:05.120 --> 03:04:15.120
 catcher said on Commissioner Dyer and Commissioner Garland I that passes six zero brings us to

03:04:15.120 --> 03:04:26.840
 our last public hearing of the evening item five F G okay I was getting worried that we

03:04:26.840 --> 03:04:33.200
 were failing somebody five G DCA twenty five dash one all right thank you chair members

03:04:33.200 --> 03:04:38.040
 of the commission Angie manglaris assistant planning director I will tag in Julie Wyatt

03:04:38.040 --> 03:04:44.240
 principal planner a little bit through this presentation but this is DCA twenty five one

03:04:44.240 --> 03:04:49.000
 this is a code amendment related to missing middle housing so specifically this amendment

03:04:49.000 --> 03:04:53.800
 is to amend several sections of the debt and development code which aim to clarify our

03:04:53.800 --> 03:04:58.160
 regulations for missing middle housing types specifically townhome and accessory dwelling

03:04:58.160 --> 03:05:04.160
 units this does support several of our goals in our comprehensive plan our affordable housing

03:05:04.160 --> 03:05:08.560
 toolkit the southeast and area plan as well as the design downtown denton plan it does

03:05:08.560 --> 03:05:14.180
 help to support a variety of housing options in the city these amendments are also intended

03:05:14.180 --> 03:05:19.440
 to remove some conflicting or confusing language within the code these amendments are consistent

03:05:19.440 --> 03:05:24.620
 with direction received from both this body as well as the development code review committee

03:05:24.620 --> 03:05:29.080
 and does create additional options for missing middle housing within the city overall we

03:05:29.080 --> 03:05:33.820
 are recommending approval as I said we have workshopped these code amendments through

03:05:33.820 --> 03:05:40.840
 both this body as well as the DC RC public engagement was held in a variety of forums

03:05:40.840 --> 03:05:46.040
 both in person meetings online meetings as well as an online survey generally there is

03:05:46.040 --> 03:05:50.360
 support for these amendments and what we are going to do is just kind of walk through these

03:05:50.360 --> 03:05:55.000
 main changes talk a little bit about them we will do ADUs and then we will do townhomes

03:05:55.000 --> 03:06:02.720
 as well so first amendment here would be to amend the table of allowed uses to expand

03:06:02.720 --> 03:06:08.480
 where accessory dwelling units are currently allowed to expand that to MD and MR and really

03:06:08.480 --> 03:06:13.520
 the reason for that is because we are also proposing that accessory dwelling units could

03:06:13.520 --> 03:06:18.640
 be accessory to townhomes, duplexes, triplexes and they also live in these zoning districts

03:06:18.640 --> 03:06:24.360
 so really just expanding the allowable uses to where the units that they could be attached

03:06:24.360 --> 03:06:30.780
 to are located as it relates to general amendments related to just accessory structures in general

03:06:30.780 --> 03:06:35.680
 we do currently have a conflict in the code in this section it had previously said no

03:06:35.680 --> 03:06:40.200
 structures whatsoever in the side yard and then the ADU standards go on to say well ADUs

03:06:40.200 --> 03:06:44.320
 can be in the side yard so this removes that conflict and just kind of cleans that language

03:06:44.320 --> 03:06:51.840
 up makes it easier for staff as well as residents so going on and touching back on some of these

03:06:51.840 --> 03:06:59.000
 amendments generally some amendments are clarifying ADUs can be attached or detached we do need

03:06:59.000 --> 03:07:03.520
 to talk through this a little bit I believe I got my red line a little confused it should

03:07:03.520 --> 03:07:10.180
 be one ADU allowed per lot when looking at single-family detached townhomes duplexes

03:07:10.180 --> 03:07:15.680
 and triplexes so expanding the uses the intent was only to allow one per lot so that would

03:07:15.680 --> 03:07:19.880
 be something we'll need to talk through at the motion just to flag that but there was

03:07:19.880 --> 03:07:26.080
 support both from the community as well as when we were workshopping this to allow that

03:07:26.080 --> 03:07:31.080
 flexibility to expand the uses in which ADUs could be accessory to so as a reminder today

03:07:31.080 --> 03:07:37.120
 just single-family homes but this could allow if the lot fits it an ADU with a townhome

03:07:37.120 --> 03:07:40.560
 duplex or triplex.

03:07:40.560 --> 03:07:45.560
 Moving on to size some of these amendments were clarification again mostly for staffs

03:07:45.560 --> 03:07:50.880
 benefit and reading and interpreting the code but clarifying measurement standards for ADUs

03:07:50.880 --> 03:07:55.800
 and creating one standard for all ADUs for maximum size so the way that would work would

03:07:55.800 --> 03:08:01.720
 be any ADU could be a minimum of 800 square feet regardless of the size of the principal

03:08:01.720 --> 03:08:08.720
 dwelling unit it does allow up to a maximum of 75% of the square footage of the main structure

03:08:08.720 --> 03:08:13.360
 what we're doing by setting that minimum guarantee of 800 square feet is that was aimed largely

03:08:13.360 --> 03:08:18.520
 at some of our older homes that may only be you know seven or eight hundred square feet

03:08:18.520 --> 03:08:23.240
 our original amendments had that where your ADU would be quite small at like 350 square

03:08:23.240 --> 03:08:25.320
 feet or something.

03:08:25.320 --> 03:08:29.880
 So providing some flexibility again when we took this to the community and our surveys

03:08:29.880 --> 03:08:36.240
 52% did find that that increase in size was appropriate as did the DCRC and we looked

03:08:36.240 --> 03:08:42.040
 at a variety of different sizing options and ultimately landed on the 75% or 800 but you're

03:08:42.040 --> 03:08:46.560
 guaranteed 800 square feet regardless.

03:08:46.560 --> 03:08:51.280
 When it comes to location and design there were a handful of amendments that were made

03:08:51.280 --> 03:08:56.760
 here to clarify that a detached ADU could be allowed on the side yard but requiring

03:08:56.760 --> 03:09:01.480
 that that if that were the case that that ADU be offset at least three feet from the

03:09:01.480 --> 03:09:07.120
 main structure just to provide a little bit of visual relief and then also provide additional

03:09:07.120 --> 03:09:14.480
 clarity on when ADUs need to demonstrate architectural compatibility so as it is today at any time

03:09:14.480 --> 03:09:18.440
 if you're constructing an ADU it does need to be determined to be architecturally compatible

03:09:18.440 --> 03:09:23.000
 with the home with these amendments we are really specifying that it's ADUs that are

03:09:23.000 --> 03:09:27.240
 visible from the public right-of-way that need to demonstrate architectural compatibility

03:09:27.240 --> 03:09:30.320
 by meeting any two of these requirements here.

03:09:30.320 --> 03:09:34.360
 So what this does is for an ADU that's generally situated in somebody's backyard that nobody

03:09:34.360 --> 03:09:38.800
 else can see we won't be as focused on that but those that are visible from the public

03:09:38.800 --> 03:09:43.000
 right-of-way we would want to ensure continuity of community character and this could make

03:09:43.000 --> 03:09:48.840
 it a little bit easier for those looking to construct an ADU to do so if they so chose.

03:09:48.840 --> 03:09:53.040
 And then ownership requirements this is something we talked quite a bit about at DCRC is their

03:09:53.040 --> 03:09:59.840
 mechanism to allow separate ownership of the ADU from the main structure and I think we

03:09:59.840 --> 03:10:04.060
 determined that a condo association is really the best way to do that and so this would

03:10:04.060 --> 03:10:09.320
 allow for that provided that that not be severed from the home by way of a plat and then the

03:10:09.320 --> 03:10:16.080
 parking requirements the suggestion would be to remove the minimum but require any required

03:10:16.080 --> 03:10:21.480
 space that is removed for the construction of an ADU to be replaced on site.

03:10:21.480 --> 03:10:25.800
 So if you were to retrofit a garage to become an attached ADU and you're removing some of

03:10:25.800 --> 03:10:31.400
 the required parking you'd have to find a place elsewhere for it on site.

03:10:31.400 --> 03:10:36.880
 This had a wide range of public opinion there was some support for yes did feel that that

03:10:36.880 --> 03:10:41.560
 was appropriate and then it kind of bounced around for others felt it was still a little

03:10:41.560 --> 03:10:47.280
 too restrictive and others felt it was a little too relaxed but this is the language we settled

03:10:47.280 --> 03:10:48.280
 on.

03:10:48.280 --> 03:10:52.760
 And that is ADUs at a high level kind of hitting those main amendments and I'm going to let

03:10:52.760 --> 03:11:01.360
 Julie come and talk through some of those town home amendments for you all.

03:11:01.360 --> 03:11:07.420
 Good evening Julie Wyatt I'm going to go over the proposed amendments to town homes.

03:11:07.420 --> 03:11:13.080
 This didn't go through the DCRC it did come to this body in February of this year to talk

03:11:13.080 --> 03:11:17.560
 through some of these challenges that the city has with development of town homes and

03:11:17.560 --> 03:11:24.320
 some of those design considerations which create barriers to developing town homes.

03:11:24.320 --> 03:11:28.840
 So first of all as Angie mentioned in the work session town homes are allowed in our

03:11:28.840 --> 03:11:34.680
 mixed use districts as well as our six and our seven which are moderate density districts.

03:11:34.680 --> 03:11:40.720
 We're not proposing as part of this to modify where town homes would be allowed in the city.

03:11:40.720 --> 03:11:44.320
 What we're talking about is are those design elements.

03:11:44.320 --> 03:11:51.400
 So under current regulations this town home lot size has a one size fits all 2000 square

03:11:51.400 --> 03:11:58.000
 feet a minimum width of 20 feet and a minimum depth of 60 feet.

03:11:58.000 --> 03:12:03.500
 And that is a really good lot size for one of our more suburban context or that moderate

03:12:03.500 --> 03:12:07.560
 density the R6 R7 that works really well there.

03:12:07.560 --> 03:12:12.600
 But when we're talking about our mixed use districts where we want more fine grain development

03:12:12.600 --> 03:12:19.120
 more walkable environments those lot sizes don't necessarily work and in fact we have

03:12:19.120 --> 03:12:22.560
 town homes in our downtown area that don't meet that requirement.

03:12:22.560 --> 03:12:28.240
 So we are proposing to reduce that town home lot size for our mixed use districts to 1000

03:12:28.240 --> 03:12:36.480
 square feet allowing that additional flexibility for those areas to slot into the infill lots

03:12:36.480 --> 03:12:39.360
 where where they can.

03:12:39.360 --> 03:12:46.160
 We're also as as as part of this is we're proposing to clarify the applicability note

03:12:46.160 --> 03:12:51.760
 for all districts to make sure that when when a developer or a community member wants to

03:12:51.760 --> 03:12:57.880
 know about town homes that they get those good references and then also clarify town

03:12:57.880 --> 03:13:03.720
 home building coverage to make sure that in in those districts that allow greater building

03:13:03.720 --> 03:13:07.920
 coverage that those town home lots could take advantage of that.

03:13:07.920 --> 03:13:14.240
 Under our current requirements the maximum building coverage for town homes is 85 percent.

03:13:14.240 --> 03:13:19.120
 But for instance in our M.D. district we allow 100 percent building coverage.

03:13:19.120 --> 03:13:23.440
 So we want to make sure that we wouldn't treat town homes any differently than any other

03:13:23.440 --> 03:13:26.640
 use that would be developed in those districts.

03:13:26.640 --> 03:13:31.440
 We feel like this is more consistent with the intent of our mixed use districts and

03:13:31.440 --> 03:13:36.760
 allows more infill development consistent with our comprehensive plan as well as our

03:13:36.760 --> 03:13:38.480
 our housing plans.

03:13:38.480 --> 03:13:43.000
 We did talk to the community about this in our community meetings and online and they

03:13:43.000 --> 03:13:46.480
 were in agreement with with this proposal.

03:13:46.480 --> 03:13:53.160
 The second one is a little difficult to explain so I'll do my best and if you have any questions

03:13:53.160 --> 03:13:54.280
 I'll be happy to answer them.

03:13:54.280 --> 03:14:00.080
 So subchapter three in the Denton Development Code also has a provision for town homes that

03:14:00.080 --> 03:14:05.120
 the maximum number of town homes allowed on a site can be no more than the number of single

03:14:05.120 --> 03:14:08.080
 family homes that could be developed on that site.

03:14:08.080 --> 03:14:09.920
 So what does that mean?

03:14:09.920 --> 03:14:15.240
 That means that you would divide the gross square feet of a site by the minimum lot size

03:14:15.240 --> 03:14:16.320
 for that zoning district.

03:14:16.320 --> 03:14:22.360
 So for instance if somebody wanted to pursue town homes in the R4 district with an SUP

03:14:22.360 --> 03:14:27.280
 it would it would restrict the number of town homes that they that you could build because

03:14:27.280 --> 03:14:31.680
 R4 requires a 7,000 square foot lot.

03:14:31.680 --> 03:14:36.360
 So it would just it would create challenges for for getting that that those additional

03:14:36.360 --> 03:14:43.000
 housing within those neighborhoods and really is a disincentive to to develop town homes.

03:14:43.000 --> 03:14:45.320
 So we're proposing just to remove this altogether.

03:14:45.320 --> 03:14:51.640
 It's confusing it's difficult to say it's difficult to explain and it really just does

03:14:51.640 --> 03:14:56.600
 create a disincentive for this housing type really kind of pushes development to other

03:14:56.600 --> 03:15:00.840
 housing types which which don't have this type of limitation.

03:15:00.840 --> 03:15:04.960
 We asked the community how they felt about this and they were in agreement that really

03:15:04.960 --> 03:15:09.400
 we could just remove this provision altogether.

03:15:09.400 --> 03:15:12.520
 And then the last item is open space.

03:15:12.520 --> 03:15:15.660
 Open space is a great amenity to a lot of neighborhoods.

03:15:15.660 --> 03:15:21.440
 It really is something that we want to see in in good urban design but it doesn't always

03:15:21.440 --> 03:15:28.660
 fit in all contexts especially in those infill situations or smaller projects.

03:15:28.660 --> 03:15:35.600
 The current code requires a minimum five percent open space for any development that is over

03:15:35.600 --> 03:15:41.260
 10 units or more which which is really kind of a small area.

03:15:41.260 --> 03:15:45.480
 So we're proposing to refine that to still maintain open space because we do think it's

03:15:45.480 --> 03:15:52.600
 a it's a vital thing for some projects to increase that to a minimum of projects over

03:15:52.600 --> 03:15:59.920
 three acres so that those smaller projects would be exempt from it and also exempt projects

03:15:59.920 --> 03:16:02.600
 that are close to to city parks.

03:16:02.600 --> 03:16:10.280
 So projects that are closer than one half mile from a city park would not have to provide

03:16:10.280 --> 03:16:14.120
 that open space provide that exemption because there's already that existing open space.

03:16:14.120 --> 03:16:20.840
 Those community recreation activities are already in place in those areas.

03:16:20.840 --> 03:16:26.640
 We also as part of the proposal are adding design maintenance and management standards.

03:16:26.640 --> 03:16:34.000
 We do have those and our current code references those in our multifamily section but we added

03:16:34.000 --> 03:16:38.920
 that to this section to refine those standards to make sure it it fit.

03:16:38.920 --> 03:16:44.400
 It was tailored toward these toward these types of missing middle housing types.

03:16:44.400 --> 03:16:45.400
 We analyze this.

03:16:45.400 --> 03:16:51.160
 We looked at it all different ways and what we really settled on was affordability.

03:16:51.160 --> 03:16:56.700
 We already require park dedication for residential developments and we want to make sure any

03:16:56.700 --> 03:17:01.520
 development that did provide open space gave usable open space.

03:17:01.520 --> 03:17:06.180
 And for that that's how we arrived at the proposal.

03:17:06.180 --> 03:17:12.480
 We asked the community how they felt about the exemption for for projects near city parks

03:17:12.480 --> 03:17:14.980
 and they were in favor of that exemption.

03:17:14.980 --> 03:17:21.200
 And then 50 percent of those who answered were in favor of exempting projects that were

03:17:21.200 --> 03:17:26.240
 smaller than three acres so they were also in favor of that.

03:17:26.240 --> 03:17:32.360
 So based upon the criteria for approval our policy documents that really speak to providing

03:17:32.360 --> 03:17:37.720
 this diversity of housing these missing middle housing types in order to encourage infill

03:17:37.720 --> 03:17:44.560
 development affordable development and just to serve all residents of the city of Denton.

03:17:44.560 --> 03:17:47.440
 We are recommending approval of these code amendments.

03:17:47.440 --> 03:17:54.280
 We'll be happy to answer any questions and thank you.

03:17:54.280 --> 03:17:59.900
 Questions Commissioner Ketchers I have a question on the ADU.

03:17:59.900 --> 03:18:05.640
 So on single family it's one per lot.

03:18:05.640 --> 03:18:06.640
 Yes.

03:18:06.640 --> 03:18:13.040
 So and to clarify that that is the intent is that for any use right now what is allowed

03:18:13.040 --> 03:18:20.720
 today is one per single family lot being proposed we're looking at adding uses that language

03:18:20.720 --> 03:18:22.680
 should reflect one per lot.

03:18:22.680 --> 03:18:26.240
 But if we wanted to talk more about that we could.

03:18:26.240 --> 03:18:34.320
 OK because I think there are some situations where more than one could be useful for some

03:18:34.320 --> 03:18:40.720
 situations attached but still have room for detached potentially things like that.

03:18:40.720 --> 03:18:45.680
 Yeah and we did talk about that a little a little bit.

03:18:45.680 --> 03:18:51.080
 One one thing we see somewhat commonly it's not all the time but it's kind of like a

03:18:51.080 --> 03:18:56.840
 casita where there's still a separate living area within the main home but really what

03:18:56.840 --> 03:19:02.400
 differentiates it between an ADU and sort of just an expansion of your home is their

03:19:02.400 --> 03:19:04.160
 open communication.

03:19:04.160 --> 03:19:09.320
 So if you're attaching an ADU but you can't get from the main structure to the ADU without

03:19:09.320 --> 03:19:15.760
 leaving and going around we would call it an attached ADU but say you were to just do

03:19:15.760 --> 03:19:21.320
 an add on and there's a door between the two that still kind of counts as the primary structure

03:19:21.320 --> 03:19:26.080
 so that that is one option that individuals could pursue and is something I've seen done

03:19:26.080 --> 03:19:30.320
 before where you know possibly you have aging family you'd like them to be close but you

03:19:30.320 --> 03:19:32.040
 want this ADU as well.

03:19:32.040 --> 03:19:40.480
 Could we add a line on the table of allowed uses that just says additional accessory dwelling

03:19:40.480 --> 03:19:45.480
 with a specific use permit.

03:19:45.480 --> 03:19:50.040
 That's an option if we were wanting to explore that route I suppose that's one way we could

03:19:50.040 --> 03:19:56.000
 go or if we wanted to if you felt like some of the larger lot sizes like our our one maybe

03:19:56.000 --> 03:20:01.560
 that's fine right we could maybe add an initial qualifier I'd love to hear from everybody

03:20:01.560 --> 03:20:04.780
 else obviously if that would be something we'd want to consider but those would be my two

03:20:04.780 --> 03:20:09.720
 initial thoughts is either SUP or pick some zoning districts you all are comfortable with.

03:20:09.720 --> 03:20:17.920
 Okay okay thank you thank you I yeah Commissioner Garland okay um I want to get to the public

03:20:17.920 --> 03:20:23.720
 here shortly but but to set that stage I want to follow up on Commissioner Ketchers-Edds

03:20:23.720 --> 03:20:33.640
 point just help me recount at DCRC it wasn't specifically this proposal this is a little

03:20:33.640 --> 03:20:39.320
 different but I think we were talking about potentially allowing two ADUs on lots that

03:20:39.320 --> 03:20:46.880
 had a duplex currently refresh my mind how that went what the breakdown was as well as

03:20:46.880 --> 03:20:53.920
 whether staff would be in support of that if that was the will of this commission or

03:20:53.920 --> 03:20:55.280
 the council.

03:20:55.280 --> 03:21:03.640
 Sure I'll do my best to recount so following our public feedback input when we kind of

03:21:03.640 --> 03:21:09.880
 did our recap of how everything went where we presented one per lot regardless of the

03:21:09.880 --> 03:21:15.480
 unit the question was brought up did staff have a problem with possibly allowing two

03:21:15.480 --> 03:21:20.520
 for duplexes meaning you know each each duplex essentially or each side of the duplex got

03:21:20.520 --> 03:21:28.120
 an ADU I think the answer from from staff's perspective is I don't necessarily see an

03:21:28.120 --> 03:21:33.840
 issue with that again we classify multifamilies five or more I think in most cases it would

03:21:33.840 --> 03:21:38.120
 be rather difficult to achieve there are some older duplex lots where possibly there's the

03:21:38.120 --> 03:21:45.600
 room so going down to like can something happen yes but can it logistically be designed it

03:21:45.600 --> 03:21:53.000
 could be complicated it depends where that went with the DCRC was very split and because

03:21:53.000 --> 03:21:59.080
 we had already taken the one per lot idea forward kind of just planning to stick with

03:21:59.080 --> 03:22:03.000
 that with the acknowledgment though that this conversation would occur probably at this

03:22:03.000 --> 03:22:11.440
 body and council any other questions before Commissioner Garland I had one I don't know

03:22:11.440 --> 03:22:17.960
 if you can go back to the slide that talked about the square footage size and then like

03:22:17.960 --> 03:22:26.040
 roof pitch I know it mentioned those two things but maybe I'm wrong maybe I just missed it

03:22:26.040 --> 03:22:34.280
 but does it is there are we able to kind of cap how high like the height of the roof because

03:22:34.280 --> 03:22:39.880
 I guess my concern is if somebody built something say on top of a detached garage in their back

03:22:39.880 --> 03:22:44.800
 yard and then this thing went you know just straight up to where it's peering down into

03:22:44.800 --> 03:22:52.480
 their neighbors backyard like are we going to is there any kind of curtailing that like

03:22:52.480 --> 03:22:58.720
 as far as height sure so for that it goes it goes to the zoning district requirements

03:22:58.720 --> 03:23:04.720
 and so but to your specific example when we're measuring buildings with a with an extremely

03:23:04.720 --> 03:23:10.240
 steep pitched roof the way that's taken is we kind of take where the actual structure

03:23:10.240 --> 03:23:14.520
 stops and where that ultimate peak is of the roof and so you have your slant here there's

03:23:14.520 --> 03:23:19.120
 really great graphic in the DDC but for now I'm going to use my hands if it's too confusing

03:23:19.120 --> 03:23:23.600
 let me know thank you so we take the midpoint between these two and that's where the measurement

03:23:23.600 --> 03:23:31.720
 is is from and so let's say this was like 20 feet and this was 10 mm-hmm the midpoint

03:23:31.720 --> 03:23:35.360
 probably about 15 feet so that's where the height would be now granted most of this space

03:23:35.360 --> 03:23:42.400
 is not habitable it is like right man I'm losing my words I'm sorry it's just for architectural

03:23:42.400 --> 03:23:47.280
 purposes but for structures that are a flat roof like that we do measure to the highest

03:23:47.280 --> 03:23:52.240
 point so if somebody just wanted to build straight on top and it's extremely tall and

03:23:52.240 --> 03:23:56.320
 that is all habitable space we're measuring from that top point but when you're doing

03:23:56.320 --> 03:24:01.640
 add-on features for architectural purposes we'll split the difference and take that midpoint

03:24:01.640 --> 03:24:06.200
 for height and so that's that's kind of how all of those height measurements are spelled

03:24:06.200 --> 03:24:11.160
 out in the the DDC and that's really how any structure in the city is measured okay all

03:24:11.160 --> 03:24:23.240
 right thank you okay at this point I'll open the public hearing I do have one card to speak

03:24:23.240 --> 03:24:31.520
 Miss Dana Zoltner you're welcome to come down state your name and address and you'll have

03:24:31.520 --> 03:24:46.680
 four minutes Dana Zoltner 610 Emory and all of this looks good in terms of ADU however

03:24:46.680 --> 03:24:56.680
 when it talks about consistency of color roof pitch who who gets to make sure that happens

03:24:56.680 --> 03:25:06.880
 because across the street from me we had this flat roofed little house with a huge warehouse

03:25:06.880 --> 03:25:15.920
 behind it and the excuse is there's a storage shed below with the ADU on top you can see

03:25:15.920 --> 03:25:24.880
 it over the house you can it's it's an eyesore and we had an opportunity to get it stopped

03:25:24.880 --> 03:25:35.680
 even before even even before the permits were issued we asked about that and they went ahead

03:25:35.680 --> 03:25:41.840
 and said oh you're allowed a storage shed I've got a picture if you all want to look

03:25:41.840 --> 03:25:50.400
 on my phone and see what it looks like but working on how many you're tearing up neighborhoods

03:25:50.400 --> 03:26:01.400
 is what you're doing when you try to get as much as possible I just I just am really concerned

03:26:01.400 --> 03:26:11.880
 about the city's lack of concern for our established neighborhoods and the monstrosities that are

03:26:11.880 --> 03:26:21.600
 going that are that get built because they're entitled to a storage shed if you could put

03:26:21.600 --> 03:26:28.160
 it in that little center circle yeah then the the special camera that I've never been

03:26:28.160 --> 03:26:37.080
 able to find exists somewhere yes we will see if the camera there it is okay there's

03:26:37.080 --> 03:26:42.960
 what's across the street yeah if you could step back in front of the mic that way it

03:26:42.960 --> 03:26:53.360
 won't feed back you just yeah thank you that's what's across the street it's a very nice

03:26:53.360 --> 03:27:01.640
 cat by the way that's that's from the side that's on Coit Street and you can see I mean

03:27:01.640 --> 03:27:14.580
 bear it it shadows that the little house that's I took that picture in the afternoon and it

03:27:14.580 --> 03:27:20.720
 it just totally the little I mean you can't even see the little house because it's so

03:27:20.720 --> 03:27:30.920
 shaded by this warehouse there's another one like that on 1107 Broadway now that's been

03:27:30.920 --> 03:27:40.920
 permitted as a quote tool shed it's and it's not consistent it's those houses are brick

03:27:40.920 --> 03:27:48.920
 this is frame the house I've been by there several times different times of the day there

03:27:48.920 --> 03:27:56.360
 are a minimum of four cars in the driveway three on the street and they're saying it's

03:27:56.360 --> 03:28:04.480
 a tool shed maybe it is I don't I mean I don't know if I lived in that neighborhood I'd be

03:28:04.480 --> 03:28:15.780
 I'd be asking code enforcement to take a look at it but it concerns me in established neighborhoods

03:28:15.780 --> 03:28:23.080
 there's no oversight and and you all really don't seem to particularly care when we talked

03:28:23.080 --> 03:28:30.320
 about when we called and went and had a meeting and it's oh well they can have a they're allowed

03:28:30.320 --> 03:28:37.520
 to have a storage shed well you can get one a whole lot cheaper that looks really cute

03:28:37.520 --> 03:28:45.920
 from Home Depot and not spend the kind of money that got spent across the street so

03:28:45.920 --> 03:28:53.780
 I you know I it looks good on paper but where's the enforcement going where's the oversight

03:28:53.780 --> 03:29:07.400
 where you all should take care of us thank you is it a question for the commenter okay

03:29:07.400 --> 03:29:14.360
 just if we can hold it I don't have any more cards on this item but this is a public hearing

03:29:14.360 --> 03:29:20.660
 you're welcome to come down and speak and just state your name and address and then

03:29:20.660 --> 03:29:29.800
 you can get a card to the secretary afterwards you'll have four minutes hello my name is

03:29:29.800 --> 03:29:38.960
 brand richter I live at 1804 Linden Drive I attended both of the public meetings that

03:29:38.960 --> 03:29:45.360
 Angie and Julie held over the ADU in town home code amendment changes and was very impressed

03:29:45.360 --> 03:29:49.240
 to see the way that they synthesized a lot of that public feedback so I really appreciate

03:29:49.240 --> 03:29:55.440
 the time that staff took putting that together I grew up here in Denton in a 3,300 square

03:29:55.440 --> 03:30:02.440
 foot home on a huge acre lot that was awesome for me and my the six members of my family

03:30:02.440 --> 03:30:07.840
 and I've lived in Denton for you know still and the home that I'm in now I'm with it's

03:30:07.840 --> 03:30:13.080
 me and it's the four of us in there and it's in I believe the same neighborhood as our

03:30:13.080 --> 03:30:20.800
 previous speaker in one of our older neighborhoods just north of campus for me as a young working

03:30:20.800 --> 03:30:24.520
 person who's also single that's kind of the only choice that I have in this community

03:30:24.520 --> 03:30:30.360
 and it frustrates me that when I hear people talk about these types of more approachable

03:30:30.360 --> 03:30:36.160
 housing options that are within my price point as a prospective homeowner be outside of the

03:30:36.160 --> 03:30:41.440
 preference of a person who already owns a home it's deeply frustrating that we are looking

03:30:41.440 --> 03:30:46.600
 at potentially limiting or restricting some of these affordability options that open up

03:30:46.600 --> 03:30:51.480
 more access to home ownership in an affordable price point for people who really want to

03:30:51.480 --> 03:30:58.200
 stay here so I'm encouraged that staff is seeing that community feedback and seeing

03:30:58.200 --> 03:31:03.300
 that there is an appetite for reducing those home ownership barriers by adopting these

03:31:03.300 --> 03:31:08.780
 really clean and easy to interpret code changes that allow you know maybe it's my current

03:31:08.780 --> 03:31:14.240
 landowner who wants to put something in our nearly 0.8 acre lot which could easily fit

03:31:14.240 --> 03:31:23.000
 an additional structure and additional people being able to afford those places to live.

03:31:23.000 --> 03:31:27.480
 My neighborhood alone it's again one of those older established neighborhoods it has some

03:31:27.480 --> 03:31:33.520
 property lots that are nearly an acre in size I hear some commissioners speaking earlier

03:31:33.520 --> 03:31:37.600
 about how some of those might be appropriate for additional structures if it's suitable

03:31:37.600 --> 03:31:42.440
 for the lot and I believe that that's a decision that we should at least allow those property

03:31:42.440 --> 03:31:46.000
 owners to make so long as it's not causing any public nuisances and I believe that the

03:31:46.000 --> 03:31:53.540
 code presented does meet that box while allowing some flexibility from the homeowner.

03:31:53.540 --> 03:31:57.080
 So I do believe it's in the city's interest to open up these housing options and allow

03:31:57.080 --> 03:32:02.440
 for more affordable housing and not being too terribly onerous or prescriptive about

03:32:02.440 --> 03:32:08.040
 how that happens to the homeowner and that by pulling back some of these barriers we

03:32:08.040 --> 03:32:12.000
 open up those potentials for people who do want to stick around.

03:32:12.000 --> 03:32:18.540
 So I do hope that the commissioners thoroughly reviewed staff's recommendations and see

03:32:18.540 --> 03:32:27.560
 it as a very constructive and common sense way forward to change these homeownership

03:32:27.560 --> 03:32:28.560
 codes.

03:32:28.560 --> 03:32:29.560
 Thank you.

03:32:29.560 --> 03:32:31.600
 Thank you.

03:32:31.600 --> 03:32:37.040
 This is a public hearing so if anyone else would like to speak you're welcome to come

03:32:37.040 --> 03:32:47.160
 down and share your thoughts on the ADU and townhome amendments.

03:32:47.160 --> 03:32:49.840
 Anyone else?

03:32:49.840 --> 03:32:50.840
 Not seeing any.

03:32:50.840 --> 03:32:59.920
 I will close the public hearing.

03:32:59.920 --> 03:33:06.040
 As chair I'm going to go ahead and make a motion but I expect us to have lots of discussion

03:33:06.040 --> 03:33:07.040
 after that.

03:33:07.040 --> 03:33:16.240
 I've been waiting for this to come forward since about 2016.

03:33:16.240 --> 03:33:24.360
 I really appreciated Commissioner Ketchersed's concept of hey could there be a little bit

03:33:24.360 --> 03:33:36.840
 more flexibility with an SUP perhaps, how does that work?

03:33:36.840 --> 03:33:42.000
 And so like I said I'm going to make a motion and I expect us to have good discussion to

03:33:42.000 --> 03:33:46.680
 work it out and then we'll change it as needed.

03:33:46.680 --> 03:33:56.960
 So I'm going to move to recommend approval with the following modifications to basically

03:33:56.960 --> 03:34:05.120
 copy Commissioner Ketchersed's suggestion where you get plus one ADU if you do an SUP

03:34:05.120 --> 03:34:17.000
 subject to the four dwelling units per lot maximum for reasons of definitions and like

03:34:17.000 --> 03:34:24.720
 I said we may amend this but I'm also going to say within a mile and a half of the downtown

03:34:24.720 --> 03:34:33.480
 square that that SUP would not be required and that's basically just large enough to

03:34:33.480 --> 03:34:40.400
 incorporate the areas around UNT and our universities and that sort of thing.

03:34:40.400 --> 03:34:44.600
 Let me explain my thinking behind that.

03:34:44.600 --> 03:34:55.560
 When I first got on this commission in 2020, 2021 something like that, I think it was 2021,

03:34:55.560 --> 03:35:02.280
 I had the privilege of sitting over there in Commissioner Garland's seat and next to

03:35:02.280 --> 03:35:06.560
 me in Commissioner Dyer's seat was Tim Smith.

03:35:06.560 --> 03:35:12.640
 I don't know if you know Tim but I learned a lot from him and pretty soon after I got

03:35:12.640 --> 03:35:18.600
 on the commission as we were considering some challenges that Denton was having on affordable

03:35:18.600 --> 03:35:23.440
 housing little did we know that in the next six years it would literally get twice as

03:35:23.440 --> 03:35:28.920
 bad like twice as expensive, more than twice as bad.

03:35:28.920 --> 03:35:36.640
 And he mentioned to me that when he went through the Leadership Denton program in the 2016-17

03:35:36.640 --> 03:35:47.480
 era that they took on sort of the combination of affordability and pressures, development

03:35:47.480 --> 03:35:55.360
 pressures near the universities and if you're familiar with Leadership Denton it's a pretty

03:35:55.360 --> 03:36:03.920
 large 30 to 40 person group, they meet monthly for a whole year, people that really enjoy

03:36:03.920 --> 03:36:09.640
 digging into problems on a city level, right?

03:36:09.640 --> 03:36:14.120
 And they came back and said we need ADUs, right?

03:36:14.120 --> 03:36:23.360
 At the time our code allowed the building but functionally you couldn't live there.

03:36:23.360 --> 03:36:29.120
 It was barred from any long term lease contracts officially.

03:36:29.120 --> 03:36:35.600
 Now unofficially we probably had 30 or 40 buildings that were leasing things out but

03:36:35.600 --> 03:36:39.400
 if you asked to build one then the answer would be no.

03:36:39.400 --> 03:36:45.880
 We fixed a lot of those problems with the 2019 code.

03:36:45.880 --> 03:36:54.880
 Very large refresh so they became buildable without having an SUP and we've seen some

03:36:54.880 --> 03:37:01.600
 since then but primarily and I'll ask staff to confirm this after I'm done, primarily

03:37:01.600 --> 03:37:14.080
 I believe we've seen them on newer construction lots where the main home and an ADU are being

03:37:14.080 --> 03:37:16.680
 built together, right?

03:37:16.680 --> 03:37:22.140
 Which affords a lot more flexibility in how you lay out the site.

03:37:22.140 --> 03:37:32.840
 As staff said, there's lots of planning as we talked about earlier this year, tonight,

03:37:32.840 --> 03:37:38.720
 in the small area plan with Southeast Denton to understand what are the barriers.

03:37:38.720 --> 03:37:53.000
 I understand concerns about parking, I'll just say we have to make a judgment call and

03:37:53.000 --> 03:37:58.760
 a policy call about what is the more pressing need in our community.

03:37:58.760 --> 03:38:08.000
 Right now we are requiring parking that prevents homes from being built.

03:38:08.000 --> 03:38:14.520
 Which essentially means we're saying availability of parking regardless of how many cars there

03:38:14.520 --> 03:38:23.520
 are is more important than housing people and I believe that to be morally and ethically

03:38:23.520 --> 03:38:30.560
 suspect.

03:38:30.560 --> 03:38:37.820
 So I think we have an opportunity here to really move the ball forward and I'm excited

03:38:37.820 --> 03:38:41.960
 to see where the discussion goes.

03:38:41.960 --> 03:38:47.200
 There's other things I think we need to do, this is just a first step toward making this

03:38:47.200 --> 03:38:54.920
 stuff possible economically and feasible on lots where it makes sense already just from

03:38:54.920 --> 03:38:57.320
 a location perspective.

03:38:57.320 --> 03:39:07.720
 I'll just share one anecdote, I had the pleasure a couple years ago to meet a gentleman here

03:39:07.720 --> 03:39:18.440
 who is a graduate student, a foreign graduate student who because of the cost of housing

03:39:18.440 --> 03:39:27.280
 in Denton was living in a one bedroom apartment and there were five students living in this

03:39:27.280 --> 03:39:31.040
 one bedroom apartment.

03:39:31.040 --> 03:39:38.400
 When housing is expensive, restricting the number of homes that can be built doesn't

03:39:38.400 --> 03:39:44.960
 get you less people, doesn't get you less cars, doesn't get you less congestion, all

03:39:44.960 --> 03:39:51.760
 it does is squeeze people into an overcrowded situation.

03:39:51.760 --> 03:40:00.360
 And so I think that these amendments will allow the lowest impact type of development

03:40:00.360 --> 03:40:09.200
 to go into our core neighborhoods and start alleviating that pressure.

03:40:09.200 --> 03:40:16.320
 The more of these we build, the fewer four story huge cube apartment complexes are going

03:40:16.320 --> 03:40:18.680
 to come by.

03:40:18.680 --> 03:40:28.000
 So that's really the trade off is do we embrace these small changes or do we say, well, all

03:40:28.000 --> 03:40:38.280
 change is equally objectionable and therefore we would prefer to wait until applicants come

03:40:38.280 --> 03:40:45.720
 with deep pockets and rezone properties right next to neighborhoods because all change is

03:40:45.720 --> 03:40:48.240
 equally objectionable.

03:40:48.240 --> 03:40:49.240
 I don't believe that's true.

03:40:49.240 --> 03:40:56.840
 I think while there's concerns that we need to take seriously, we need to look at enforcement,

03:40:56.840 --> 03:41:04.480
 we need to understand how this develops and look at it next year, see how are we doing.

03:41:04.480 --> 03:41:14.840
 I think when you have this public input and that sort of thing, what you'll see is nervousness

03:41:14.840 --> 03:41:24.040
 of seeing more change, but realization that adding a building behind a home is not as

03:41:24.040 --> 03:41:29.640
 big of a change as building a four story apartment complex behind somebody's backyard.

03:41:29.640 --> 03:41:30.640
 So that's my motion.

03:41:30.640 --> 03:41:31.640
 Yeah, Steph.

03:41:31.640 --> 03:41:38.680
 I just want to make sure I can restate your motion and that we captured it.

03:41:38.680 --> 03:41:45.360
 So your motion was to recommend approval of the staff recommendation with two modifications,

03:41:45.360 --> 03:41:50.800
 the first to allow one additional accessory dwelling unit per lot with a specific use permit

03:41:50.800 --> 03:41:56.260
 required provided that additional ADU could not be allowed if the lot would have more

03:41:56.260 --> 03:42:01.320
 than four dwelling units, and the second modification being an exemption to that SUP requirement

03:42:01.320 --> 03:42:05.960
 for the additional ADU per lot for any property within one and a half miles of the downtown

03:42:05.960 --> 03:42:06.960
 square.

03:42:06.960 --> 03:42:07.960
 Is that correct?

03:42:07.960 --> 03:42:08.960
 That's correct, yes.

03:42:08.960 --> 03:42:11.160
 So is there a second on that?

03:42:11.160 --> 03:42:12.960
 Well, I just want to clarify something.

03:42:12.960 --> 03:42:16.960
 Are we just dealing with ADUs now and then we'll talk about the townhouse or are we doing

03:42:16.960 --> 03:42:21.200
 it all as one, is staff recommending us all as one?

03:42:21.200 --> 03:42:22.200
 It's all one item.

03:42:22.200 --> 03:42:32.240
 I think we can still amend the townhome proposal if need be, but my motion was for both, but

03:42:32.240 --> 03:42:34.120
 the amendment was only to the ADU.

03:42:34.120 --> 03:42:37.440
 I just need clarification, thank you.

03:42:37.440 --> 03:42:38.440
 Commissioner Garland?

03:42:38.440 --> 03:42:41.360
 I will second that we approve the motion.

03:42:41.360 --> 03:42:45.640
 I would like to say I'm actually really happy that we're doing this.

03:42:45.640 --> 03:42:49.840
 I feel like housing diversity and different options is something that our community's

03:42:49.840 --> 03:42:56.640
 needed for a long time, and as the economy just continues to squeeze families, a lot

03:42:56.640 --> 03:43:02.000
 of families are in that position of aging parents and adult children that can't afford

03:43:02.000 --> 03:43:08.480
 a three-bedroom, two-bath brick home, and also, coincidentally, cannot afford a one-bedroom

03:43:08.480 --> 03:43:13.320
 apartment, and so I think that this will open up a lot of flexibility and a lot of options

03:43:13.320 --> 03:43:20.180
 for people that are looking for a way to kind of bring their family in and do what makes

03:43:20.180 --> 03:43:27.220
 sense financially for them, so I'm happy to support those.

03:43:27.220 --> 03:43:28.220
 Commissioner Riggs?

03:43:28.220 --> 03:43:33.040
 Yeah, I'd like to do a little bit more discussion before we go to a vote.

03:43:33.040 --> 03:43:36.160
 First, Ms. Oltner, we were forwarded your email.

03:43:36.160 --> 03:43:42.000
 Thank you for sending that in, and I think she has a legitimate concern, and I guess

03:43:42.000 --> 03:43:47.000
 one of the things I'd ... Yeah, no, and I don't think any of us are.

03:43:47.000 --> 03:43:54.760
 I think we all understand ... Well, and I think we all understand that the different

03:43:54.760 --> 03:44:04.280
 needs for different housing is very real and didn't, but I also do want to say that I used

03:44:04.280 --> 03:44:12.280
 to live on a street where essentially all of the garages were converted into basically

03:44:12.280 --> 03:44:17.840
 more living space, and so everybody parked on the street, and I would not let my kids

03:44:17.840 --> 03:44:23.720
 play out in the front yard, because everybody had to basically neck down, and so I think

03:44:23.720 --> 03:44:30.840
 to say that people's concerns about parking is morally and ethically suspect, I don't

03:44:30.840 --> 03:44:35.760
 think it's fair, so I think that's a legitimate concern, but the other thing I would like

03:44:35.760 --> 03:44:42.620
 to know from staff, in the case of Mrs. Oltner's referencing, did that go in according to code?

03:44:42.620 --> 03:44:45.360
 Is that still allowed from what we're voting on?

03:44:45.360 --> 03:44:51.240
 Yeah, and I'll trust Hillary will stop me if we get off posting, but in answer to that

03:44:51.240 --> 03:44:55.720
 question ... I'm sorry, can you rephrase it?

03:44:55.720 --> 03:44:56.720
 Or can you say it again?

03:44:56.720 --> 03:44:57.720
 I totally blank.

03:44:57.720 --> 03:44:59.960
 It was just, did it meet code?

03:44:59.960 --> 03:45:05.080
 So the ADU code about the one structure there on Emory Street that's I guess powering over

03:45:05.080 --> 03:45:06.080
 the other one?

03:45:06.080 --> 03:45:07.080
 Yes.

03:45:07.080 --> 03:45:13.800
 It did go through permit review and was also assigned to Planner to verify it against the

03:45:13.800 --> 03:45:16.080
 current regulations.

03:45:16.080 --> 03:45:21.200
 It's within the allowable height and meets the setback requirements, as well as the size

03:45:21.200 --> 03:45:22.200
 requirements.

03:45:22.200 --> 03:45:27.200
 It is built on top of a storage building, similar to if somebody were to build a home

03:45:27.200 --> 03:45:30.840
 on top of a garage unit.

03:45:30.840 --> 03:45:37.640
 So with these requirements that are up here, consistency in color and roof pitch, are those

03:45:37.640 --> 03:45:41.000
 applied to that specific one?

03:45:41.000 --> 03:45:45.160
 So these are suggestions that are specific to this amendment.

03:45:45.160 --> 03:45:50.720
 We do have a blanket statement that any ADU, visible or not from the right of way, be architecturally

03:45:50.720 --> 03:45:54.120
 compatible and that is left a little open ended.

03:45:54.120 --> 03:45:57.840
 However, it was determined to meet those criteria.

03:45:57.840 --> 03:46:02.480
 We are attempting with these amendments to specify it a bit more and when it applies,

03:46:02.480 --> 03:46:05.080
 but it was compliant with those requirements.

03:46:05.080 --> 03:46:06.080
 Okay.

03:46:06.080 --> 03:46:09.480
 But now with these new requirements that you're proposing, that structure would look different

03:46:09.480 --> 03:46:11.040
 than it does today?

03:46:11.040 --> 03:46:14.160
 I can't say that for certain without doing a detailed review.

03:46:14.160 --> 03:46:19.000
 It may end up being the same.

03:46:19.000 --> 03:46:20.880
 Okay.

03:46:20.880 --> 03:46:24.600
 Commissioner McTuff?

03:46:24.600 --> 03:46:30.860
 Understand all these things and the need for changes and certainly affordable housing and

03:46:30.860 --> 03:46:34.120
 agree with several things that have been said this evening.

03:46:34.120 --> 03:46:37.080
 Ms. Zolter, I think we hear you.

03:46:37.080 --> 03:46:40.040
 We did not get that email.

03:46:40.040 --> 03:46:46.720
 The Planning and Zoning Commissioner Riggs forwarded that to me this evening, but I can

03:46:46.720 --> 03:46:51.960
 tell you that we are concerned about established neighborhoods.

03:46:51.960 --> 03:46:54.840
 We do, I for one live in an established neighborhood.

03:46:54.840 --> 03:47:04.600
 I've lived in all kinds of housing in Denton, Texas as a student and forward.

03:47:04.600 --> 03:47:10.520
 Where I am living now in Southridge, we do have an issue with parking from an accessory

03:47:10.520 --> 03:47:16.340
 building around the corner and many times there are six cars lined up in the driveway

03:47:16.340 --> 03:47:19.880
 and numerous work trucks on the street.

03:47:19.880 --> 03:47:29.120
 Just the other day I saw a young man wheeling in a baby stroller, the baby of the family

03:47:29.120 --> 03:47:30.640
 and I said, "Where are you going?

03:47:30.640 --> 03:47:33.460
 What are you doing?"

03:47:33.460 --> 03:47:38.960
 I was very fearful for that young man, so I'm going to echo Commissioner Riggs' comment

03:47:38.960 --> 03:47:46.060
 about not to take into account the parking issue for the ADU.

03:47:46.060 --> 03:47:49.640
 It's not a good thing.

03:47:49.640 --> 03:47:58.200
 I will say that I don't have issues with the parking that's being recommended with this.

03:47:58.200 --> 03:48:07.000
 Yes, I for one, but I think we do need to take into account the parking when we talk

03:48:07.000 --> 03:48:15.720
 about these other types of dwellings for health and safety.

03:48:15.720 --> 03:48:24.300
 Just to clarify, because I went long-winded, I may have not stated it correctly, the parking

03:48:24.300 --> 03:48:34.000
 comment was not in any way to suggest that parking availability becomes a challenge in

03:48:34.000 --> 03:48:35.000
 certain neighborhoods.

03:48:35.000 --> 03:48:43.160
 It wasn't to suggest that this shouldn't be an issue that we look to resolve.

03:48:43.160 --> 03:48:49.120
 What I was saying is that the housing affordability and lack of housing in the places and the

03:48:49.120 --> 03:48:56.480
 types and the sizes that we need is a much more pressing manner right now than whether

03:48:56.480 --> 03:49:01.160
 there are two or three more cars on most streets.

03:49:01.160 --> 03:49:02.160
 That's really what we're talking about.

03:49:02.160 --> 03:49:07.240
 This is the type of change that evolves over decades.

03:49:07.240 --> 03:49:13.360
 Property on the block is not going to build an ADU next year, because we have distributed

03:49:13.360 --> 03:49:14.360
 ownership.

03:49:14.360 --> 03:49:15.360
 I just wanted to clarify that.

03:49:15.360 --> 03:49:19.320
 No, and I think that's one of the things that, particularly where I think sometimes

03:49:19.320 --> 03:49:26.000
 you and I disagree is more of at what pendulum of swing do we go?

03:49:26.000 --> 03:49:30.760
 Sometimes I think you're here and I'm about here, which we're still on the same page.

03:49:30.760 --> 03:49:37.440
 I think that's one of the things that we're here to talk about is talk about what is reasonable

03:49:37.440 --> 03:49:39.240
 and where do we go.

03:49:39.240 --> 03:49:40.760
 I did have another question too.

03:49:40.760 --> 03:49:47.640
 Is there any worry about adding ADUs on properties, particularly say like new developments, that

03:49:47.640 --> 03:49:52.600
 doesn't have any kind of issue with our tree ordinance and tree canopy goals, does it?

03:49:52.600 --> 03:49:53.600
 No.

03:49:53.600 --> 03:49:56.920
 With new developments specifically?

03:49:56.920 --> 03:49:58.560
 I guess comment to both.

03:49:58.560 --> 03:49:59.560
 Sure.

03:49:59.560 --> 03:50:07.920
 Well, it gets tricky when dealing with single-family homes and tree preservation in our established

03:50:07.920 --> 03:50:12.840
 neighborhoods due to state law and some of the limitations we have there.

03:50:12.840 --> 03:50:17.680
 When it comes to new developments, so green field development, they are required to submit

03:50:17.680 --> 03:50:23.520
 that tree preservation plan up front, and those that do pre-plan their ADUs, and it

03:50:23.520 --> 03:50:25.440
 is something I've seen a little bit more of.

03:50:25.440 --> 03:50:28.600
 We don't see them all the time, but they do have to account for it at that time, and

03:50:28.600 --> 03:50:32.300
 so they're still required to meet those minimums as they're lot planning.

03:50:32.300 --> 03:50:37.600
 There's no sort of carve out for the ADU situation there.

03:50:37.600 --> 03:50:39.560
 Then I do have one more question.

03:50:39.560 --> 03:50:49.160
 Just for clarification, with the motion that's on the floor, are we saying that you can have

03:50:49.160 --> 03:50:56.240
 plus one ADU if it'll fit so that we have a maximum of two ADUs on a lot, or can there

03:50:56.240 --> 03:50:57.240
 be more?

03:50:57.240 --> 03:51:01.200
 I just feel like I need clarification.

03:51:01.200 --> 03:51:12.880
 Yeah, so the motion is exactly as staff presented with the addition of Commissioner Ketcherset's

03:51:12.880 --> 03:51:19.240
 suggestion, which says if you want one more ADU than what staff has presented, you have

03:51:19.240 --> 03:51:22.760
 the option of asking for an SUP for that.

03:51:22.760 --> 03:51:33.480
 Then as Hilary Haley ... I'm sorry.

03:51:33.480 --> 03:51:43.000
 My left-right brain has flipped tonight, apparently, as Haley stated that if you are within a mile

03:51:43.000 --> 03:51:49.960
 and a half of the downtown square, that SUP would not be required in order for the plus

03:51:49.960 --> 03:51:50.960
 one.

03:51:50.960 --> 03:51:51.960
 Yeah.

03:51:51.960 --> 03:51:56.480
 So where I was looking for clarification is there would only be a max of two in any of

03:51:56.480 --> 03:51:57.480
 those situations.

03:51:57.480 --> 03:51:58.480
 Correct?

03:51:58.480 --> 03:51:59.480
 Yes.

03:51:59.480 --> 03:52:07.840
 I think the second part to that would be, so for a triplex, once you have your one ADU,

03:52:07.840 --> 03:52:13.280
 you cannot get the SUP for the second, because then you have five, and you've become a new

03:52:13.280 --> 03:52:14.280
 use.

03:52:14.280 --> 03:52:15.280
 Okay.

03:52:15.280 --> 03:52:16.880
 Yes, I would agree with that.

03:52:16.880 --> 03:52:20.920
 I did want to clarify, Chair, Angie had made one point of correction at the beginning of

03:52:20.920 --> 03:52:22.000
 her presentation.

03:52:22.000 --> 03:52:27.600
 Are you accepting that as well, that it was the one per lot, not one per dwelling?

03:52:27.600 --> 03:52:28.600
 Yes.

03:52:28.600 --> 03:52:29.760
 I think that's much more clear.

03:52:29.760 --> 03:52:30.760
 Thank you.

03:52:30.760 --> 03:52:35.600
 Regular people who read the code can understand that, and I thank Commissioner Ketcher-Sedd

03:52:35.600 --> 03:52:42.480
 for the simple additional request, because I think that's all much more understandable

03:52:42.480 --> 03:52:49.080
 than anything I've thought before this evening.

03:52:49.080 --> 03:52:52.200
 We haven't heard from Commissioner Dyer in a while, so I'm going to take her and then

03:52:52.200 --> 03:52:53.200
 come back to you.

03:52:53.200 --> 03:52:54.200
 Commissioner Dyer.

03:52:54.200 --> 03:52:56.560
 I have a couple things.

03:52:56.560 --> 03:53:03.880
 Real quick on the townhouses, you talked about the square footage going down to 1,000.

03:53:03.880 --> 03:53:05.840
 So that's the lot size.

03:53:05.840 --> 03:53:07.220
 Correct.

03:53:07.220 --> 03:53:11.560
 What are we looking at for a square footage of a unit then, like the home?

03:53:11.560 --> 03:53:17.240
 I mean, I know it could be different, because you could have three or four levels on there.

03:53:17.240 --> 03:53:25.240
 So what is City staff envisioning when you're recommending going down from, is it 2,000

03:53:25.240 --> 03:53:26.240
 down to 1,000?

03:53:26.240 --> 03:53:28.520
 2,000 down to 1,000, yes.

03:53:28.520 --> 03:53:35.280
 So we actually did an analysis of existing townhomes on the smaller lots and on the 2,000

03:53:35.280 --> 03:53:41.000
 square foot lots, and they were actually, the size of the building was comparable, because

03:53:41.000 --> 03:53:47.840
 the 1,000 square foot would go up.

03:53:47.840 --> 03:53:55.940
 We have a minimum dwelling size of 900 square feet for a townhome, and we are not proposing

03:53:55.940 --> 03:53:57.800
 any modifications to that.

03:53:57.800 --> 03:54:01.980
 So that minimum square footage of a townhome would remain.

03:54:01.980 --> 03:54:05.960
 So even at a minimum, is there a maximum?

03:54:05.960 --> 03:54:12.040
 I mean, could you have a 4,000 square foot townhouse on a 1,000 square foot lot?

03:54:12.040 --> 03:54:14.740
 You'd really have to, if it fits within the building envelope.

03:54:14.740 --> 03:54:21.720
 So it depends on building coverage, meeting parking, meeting any front and rear setbacks,

03:54:21.720 --> 03:54:23.360
 and then building height.

03:54:23.360 --> 03:54:27.020
 So here's where I'm going with this.

03:54:27.020 --> 03:54:32.240
 We have all the tree stuff, the tree canopy.

03:54:32.240 --> 03:54:39.720
 I'm thinking of green space, because when you're looking at affordability, housing affordability,

03:54:39.720 --> 03:54:45.920
 ADU's is one little puzzle piece, townhouses was one little puzzle piece, single family,

03:54:45.920 --> 03:54:53.340
 it's all multifamily apartment, that's all little puzzle pieces to the affordability issue.

03:54:53.340 --> 03:55:00.440
 And some of your first time homeowners are going to take advantage of a lower price point

03:55:00.440 --> 03:55:03.040
 to buy a townhouse.

03:55:03.040 --> 03:55:08.520
 And it could be a young family with one, maybe two children.

03:55:08.520 --> 03:55:14.680
 But if it's on a 1,000 square foot lot, what kind of green space, what kind of backyard

03:55:14.680 --> 03:55:20.360
 are they going to be able to have a little patio out there where they and their kids

03:55:20.360 --> 03:55:27.960
 and a dog can play, or is it absolutely going to give them no green space?

03:55:27.960 --> 03:55:35.600
 It would depend on the size, and remember the 1,000 would be the minimum, and there

03:55:35.600 --> 03:55:38.480
 could be flexibility for that.

03:55:38.480 --> 03:55:45.040
 So in terms of green space, townhomes could potentially afford that backyard or that green

03:55:45.040 --> 03:55:52.600
 space, but it would depend on the specific project, maybe what that family is looking

03:55:52.600 --> 03:55:54.200
 for in terms of it.

03:55:54.200 --> 03:56:01.160
 We are proposing to maintain that 2,000 square feet, so those larger lots in the R6 and R7

03:56:01.160 --> 03:56:06.080
 because those are kind of those more moderate density, and those would likely have maybe

03:56:06.080 --> 03:56:09.560
 larger backyards or front yards.

03:56:09.560 --> 03:56:16.800
 But getting that smaller lot size in our downtown because that encourages that more walkable

03:56:16.800 --> 03:56:20.800
 development, that more compact development pattern.

03:56:20.800 --> 03:56:25.760
 So where individual green space may not be as important in our downtown because you've

03:56:25.760 --> 03:56:35.240
 got the square and you've got other community assets, whereas that private open space, green

03:56:35.240 --> 03:56:41.320
 space might be really important in an area outside of our downtown area because there

03:56:41.320 --> 03:56:44.920
 aren't those walkable places to go to.

03:56:44.920 --> 03:56:46.960
 So it really is depending on that context.

03:56:46.960 --> 03:56:52.760
 Okay, I would just encourage city staff if this passes tonight just to kind of think

03:56:52.760 --> 03:57:01.360
 about that when you're working with developers, just to make sure that for the affordability

03:57:01.360 --> 03:57:08.920
 factor that you're also meeting the needs of that single parent or that young family

03:57:08.920 --> 03:57:14.680
 that may have the children that need a little bit of extra space.

03:57:14.680 --> 03:57:20.560
 It's not just going to be your fun and young 20 somethings or 30 or your empty nesters

03:57:20.560 --> 03:57:23.800
 that some may care and some may not.

03:57:23.800 --> 03:57:26.800
 So that's what I wanted to say on that.

03:57:26.800 --> 03:57:27.800
 Did you want to add anything?

03:57:27.800 --> 03:57:28.800
 No, no, no.

03:57:28.800 --> 03:57:29.800
 Okay.

03:57:29.800 --> 03:57:33.120
 I do have something on the ADU situation.

03:57:33.120 --> 03:57:44.300
 I have to say I did not like your comment, Chair, about prioritizing parking spaces over

03:57:44.300 --> 03:57:49.440
 the affordability factor because that was one of the things I think I brought up when

03:57:49.440 --> 03:57:54.400
 we were in the Development Code Review Committee and talking about this is that one of the

03:57:54.400 --> 03:57:59.120
 things if there is a garage, the garage could technically be converted, whether it's an

03:57:59.120 --> 03:58:05.400
 attached garage or a detached garage to an ADU to a little apartment.

03:58:05.400 --> 03:58:12.080
 And then that means that that homeowner who had the garage now is on the street and the

03:58:12.080 --> 03:58:17.240
 person that's renting out the ADU is now on the street and to me it's not so much about

03:58:17.240 --> 03:58:24.840
 parking spaces as it is your first responders and being able for safety reasons to be able

03:58:24.840 --> 03:58:31.240
 to get ambulances, fire trucks, all of that down the street.

03:58:31.240 --> 03:58:40.640
 I sat now in what, 10 months of meetings, 10, 11 months of meetings and we've had the

03:58:40.640 --> 03:58:46.600
 things that have been brought before us, we've heard some people, you know, in the closer

03:58:46.600 --> 03:58:53.400
 to downtown area of Denton talk about the crowded streets, you know, the ones especially

03:58:53.400 --> 03:58:58.600
 the one issue where we were looking at a lot of her multifamily zoning and it was over

03:58:58.600 --> 03:59:03.880
 by the Women's College and they were talking about the traffic patterns and how there's

03:59:03.880 --> 03:59:08.160
 no parking and you can't get down the roads and you can't some, you know, both sides are

03:59:08.160 --> 03:59:13.280
 taken and you can't even get through the roads and two cars can't pass and so to me it's

03:59:13.280 --> 03:59:19.320
 not so much about the parking as it's the whole big picture and not only the big picture

03:59:19.320 --> 03:59:23.160
 of that but there's the big picture of the affordability factor and there's the big picture

03:59:23.160 --> 03:59:28.560
 of property, you know, a property owner's rights and if they want to add an ADU to help

03:59:28.560 --> 03:59:35.840
 offset the cost of their mortgage but also, you know, provide that housing for, you know,

03:59:35.840 --> 03:59:43.040
 somebody else, like it's, this is where we sit on this commission and we have complicated

03:59:43.040 --> 03:59:49.200
 issues and it's not just a clear cut yes and it's not just a clear cut no, there's lots

03:59:49.200 --> 03:59:55.600
 of little facets about this and hopefully when we are giving our reasoning for voting

03:59:55.600 --> 04:00:01.720
 yes with some, hey, staff, can you make sure this happens, that, you know, staff is really

04:00:01.720 --> 04:00:07.900
 listening to our concerns or if, you know, we do vote no, it's not that we are against

04:00:07.900 --> 04:00:14.600
 the issue, it's we see all these other little things so I will probably vote yes just because

04:00:14.600 --> 04:00:21.000
 I do feel that it is important but I do have a huge concern about the, what it's going

04:00:21.000 --> 04:00:29.760
 to do to parking on the streets and the mobility of the community to be able to get up and

04:00:29.760 --> 04:00:37.640
 down the street the first responders with ambulance and fire when we are, I mean, I

04:00:37.640 --> 04:00:42.760
 get it's not happening overnight, it's going to happen over time and I'm assuming HOA,

04:00:42.760 --> 04:00:46.440
 this doesn't really affect HOA unless you're working with the development to allow that

04:00:46.440 --> 04:00:49.380
 in their bylaws for future developments.

04:00:49.380 --> 04:00:54.440
 Right, and I do want to clarify a little bit on the parking and how we got to where we

04:00:54.440 --> 04:00:59.740
 are today just to add some context for maybe everybody so I think when we took our first

04:00:59.740 --> 04:01:03.840
 pass and it's been a while, we worked through ADUs at the beginning of this year and now

04:01:03.840 --> 04:01:09.640
 it's Christmas and a lot has happened but initially we did look at having no parking

04:01:09.640 --> 04:01:15.920
 requirement for ADUs and so, you know, currently today it's one space per bedroom and we kind

04:01:15.920 --> 04:01:21.660
 of looked at swinging that pendulum the other way of none and not everybody on the committee

04:01:21.660 --> 04:01:25.480
 was comfortable with that for some of the reasons you just stated and so we kind of

04:01:25.480 --> 04:01:30.040
 tried to get back towards center and made the language as you see it today consistent

04:01:30.040 --> 04:01:34.400
 with how we do other uses for single family or renovations and that is essentially if

04:01:34.400 --> 04:01:39.040
 you're moving required spaces for the home, they do have to be put back and so in the

04:01:39.040 --> 04:01:44.560
 example of I converted my garage and two of my required spaces were in there, they have

04:01:44.560 --> 04:01:50.340
 to be relocated somewhere else on site or that parking area does have to be provided

04:01:50.340 --> 04:01:55.280
 but when it comes to parking on public right of way, it's always a complicated issue because

04:01:55.280 --> 04:01:59.800
 not everybody uses their garage for their cars, I'm guilty of that sometimes and we

04:01:59.800 --> 04:02:03.960
 can't preclude people from parking on the public right of way so that's how we got to

04:02:03.960 --> 04:02:04.960
 where we are.

04:02:04.960 --> 04:02:08.640
 Well, it's very interesting because, you know, in my profession I always joke that, you know,

04:02:08.640 --> 04:02:14.200
 everything's bigger in Texas but the garages and they build them, like these builders build

04:02:14.200 --> 04:02:19.760
 these really small 20 by 20 garages and, you know, I came, you know, from, I lived in other

04:02:19.760 --> 04:02:24.880
 states where we had basements and so you stored all your stuff in the basement and a lot of

04:02:24.880 --> 04:02:30.720
 people here store their stuff in the garages so they don't park in the garages so, you

04:02:30.720 --> 04:02:36.160
 know, you're going to have the, you know, the main resident people may or may not be

04:02:36.160 --> 04:02:41.760
 using the garages and if you've got teenage drivers, you know, it just, it all gets, it's

04:02:41.760 --> 04:02:43.560
 very complicated.

04:02:43.560 --> 04:02:47.640
 It is very complicated and I was just going to touch on some of the parking requirements.

04:02:47.640 --> 04:02:52.680
 I just wanted to add that the on street spaces cannot count towards those requirements so

04:02:52.680 --> 04:02:57.000
 that they do have to put them back within the lot somewhere.

04:02:57.000 --> 04:03:01.240
 We again can't control behavior but they can't count the street frontage in front of their

04:03:01.240 --> 04:03:03.520
 home towards that required parking.

04:03:03.520 --> 04:03:10.320
 This is, this is where as a commission and even as residents, you know, as a resident

04:03:10.320 --> 04:03:17.280
 of Denton, like we, we are entrusting that you guys will make the best decisions when

04:03:17.280 --> 04:03:26.040
 you're working with a homeowner or a developer that you will think about these things and,

04:03:26.040 --> 04:03:33.440
 you know, I mean you just hope that when you make these decisions that everything, you're

04:03:33.440 --> 04:03:37.760
 going to have some hiccups and you're going to unfortunately have some residents that,

04:03:37.760 --> 04:03:42.680
 you know, yes it still falls within the guidelines but it's, it's an eyesore, it's this or that

04:03:42.680 --> 04:03:46.320
 but hopefully those are few and far between.

04:03:46.320 --> 04:03:48.640
 It won't be perfect.

04:03:48.640 --> 04:03:53.760
 And I will add, sorry, I don't, just, we do keep a monitor especially when we've made

04:03:53.760 --> 04:03:55.840
 changes to things.

04:03:55.840 --> 04:03:59.240
 Did we over correct or did we not correct enough?

04:03:59.240 --> 04:04:03.760
 And as we're seeing today, the Denton Development Code is amendable and so if we're really running

04:04:03.760 --> 04:04:07.760
 into just consistent issues, it is something staff would be keeping track of and could

04:04:07.760 --> 04:04:11.800
 bring back to this body to say hey we tried it, it didn't work, we need to fix it.

04:04:11.800 --> 04:04:16.600
 And I think that shows a great relationship between staff and the board to make sure that

04:04:16.600 --> 04:04:19.560
 it benefits the citizens of the community.

04:04:19.560 --> 04:04:21.520
 Thank you.

04:04:21.520 --> 04:04:29.040
 Before we go to Commissioner McDuff, can you real quick address the open space, green space

04:04:29.040 --> 04:04:30.040
 question?

04:04:30.040 --> 04:04:38.680
 I believe the reduced 2,000 square foot lot size is contingent on a certain proximity

04:04:38.680 --> 04:04:43.120
 to some public open space, is that correct?

04:04:43.120 --> 04:04:45.240
 No, that would be the open space.

04:04:45.240 --> 04:04:52.200
 So the 2,000, the minimum lot size is based upon reducing that minimum lot size to 1,000

04:04:52.200 --> 04:04:53.940
 square feet for our mixed use district.

04:04:53.940 --> 04:05:00.080
 So MD, MN, MR, those are intended for those mixed use walkable environments.

04:05:00.080 --> 04:05:06.920
 The R4, R6 and R7, those would still have to comply with that 2,000 square foot minimum

04:05:06.920 --> 04:05:09.880
 lot size.

04:05:09.880 --> 04:05:16.240
 But in order to, if you have a full development coming in, a subdivision of town homes, right,

04:05:16.240 --> 04:05:25.360
 and not just 1Z, 2Z, if they are going to not provide public open space for that subdivision,

04:05:25.360 --> 04:05:29.200
 they must be within a certain proximity of a park, is that correct?

04:05:29.200 --> 04:05:30.200
 Correct.

04:05:30.200 --> 04:05:36.600
 So I would add that we are proposing currently the regulation is if you have 10 or more units,

04:05:36.600 --> 04:05:42.280
 you have to provide 5% open space for town homes, duplexes, triplexes and fourplexes.

04:05:42.280 --> 04:05:47.680
 We're proposing to modify that to projects under three acres.

04:05:47.680 --> 04:05:52.560
 So those smaller infill projects would be exempt.

04:05:52.560 --> 04:05:57.080
 Or if you were a larger project, but you were within a half mile, within a walking distance

04:05:57.080 --> 04:06:01.200
 of a park essentially, you would also be exempt.

04:06:01.200 --> 04:06:10.860
 And that public open space, common area to that private open space for the development,

04:06:10.860 --> 04:06:15.080
 private common open space, does that make sense?

04:06:15.080 --> 04:06:19.280
 That was mostly just to, did that make sense, Commissioner Dyer?

04:06:19.280 --> 04:06:20.280
 Yeah.

04:06:20.280 --> 04:06:25.760
 I knew that there was a discussion about, you know, at so many points, like you had

04:06:25.760 --> 04:06:29.680
 to have so much open space for a community development.

04:06:29.680 --> 04:06:32.200
 I just couldn't.

04:06:32.200 --> 04:06:37.680
 The last few meetings, we've had a lot of information and try to keep track of what

04:06:37.680 --> 04:06:43.760
 all was said when and with what little, you know, what action item and all that is.

04:06:43.760 --> 04:06:44.760
 Yeah.

04:06:44.760 --> 04:06:45.760
 Okay.

04:06:45.760 --> 04:06:46.760
 Commissioner MacDuff?

04:06:46.760 --> 04:06:47.760
 Yes.

04:06:47.760 --> 04:06:54.320
 I was just, thank you for allowing Commissioner Dyer to speak, but I believe I'm in order

04:06:54.320 --> 04:06:56.040
 to call for the question.

04:06:56.040 --> 04:06:57.960
 Very good.

04:06:57.960 --> 04:06:58.960
 Yes.

04:06:58.960 --> 04:07:07.240
 We have a motion and a second and I'm not seeing any more discussion, so let's have

04:07:07.240 --> 04:07:09.440
 a roll call vote.

04:07:09.440 --> 04:07:10.440
 Commissioner MacDuff?

04:07:10.440 --> 04:07:16.000
 I'll be supporting this proposal, I'll be saying aye, and I'll be supporting this proposal

04:07:16.000 --> 04:07:23.560
 with the amendments and also based on our discussion this evening with the presentation

04:07:23.560 --> 04:07:26.760
 by our good staff.

04:07:26.760 --> 04:07:27.760
 Commissioner Griggs?

04:07:27.760 --> 04:07:28.760
 Aye.

04:07:28.760 --> 04:07:36.120
 Chair is an aye and I will say this is the first step toward reevaluating as things go

04:07:36.120 --> 04:07:43.140
 on and if we're not quite there yet, making more steps, I think.

04:07:43.140 --> 04:07:48.720
 It's been a few years since my toddler age where my kids learned to walk, but I remember

04:07:48.720 --> 04:07:57.220
 being astounded how you learn to walk by trying to fall and then catching yourself and it's

04:07:57.220 --> 04:08:01.320
 always scary, especially to the mom.

04:08:01.320 --> 04:08:09.640
 So I trust that we're in a good spot with staff as we lean forward and lean into these

04:08:09.640 --> 04:08:16.480
 challenges we have and that we make our first step and we don't stop there, but we reevaluate

04:08:16.480 --> 04:08:22.920
 and we say what else can we do, what are the priorities, and I also just want to echo some

04:08:22.920 --> 04:08:29.640
 of the concerns that Commissioner Dyer had about the parking situation in different contexts.

04:08:29.640 --> 04:08:35.720
 When that parking study does come forward, I don't know if this would be included in

04:08:35.720 --> 04:08:42.000
 that study, but I think as it's presented to the various bodies, we definitely need

04:08:42.000 --> 04:08:50.120
 a representative of the fire department to come explain what challenges they actually

04:08:50.120 --> 04:08:57.440
 see and how we can tailor those parking regulations not just for new development, but also for

04:08:57.440 --> 04:09:06.040
 parking management so that we can improve those safety situations today instead of waiting

04:09:06.040 --> 04:09:12.360
 for areas to be redeveloped when the development code would apply, but chairs and I, sorry

04:09:12.360 --> 04:09:15.200
 for taking a long time.

04:09:15.200 --> 04:09:17.820
 Commissioner Ketchur said aye.

04:09:17.820 --> 04:09:18.820
 Commissioner Dyer?

04:09:18.820 --> 04:09:19.820
 Aye.

04:09:19.820 --> 04:09:20.820
 Commissioner Barland?

04:09:20.820 --> 04:09:21.820
 Aye.

04:09:21.820 --> 04:09:35.680
 With that, that motion passes 6-0 and that brings us to our planning and zoning matrix.

04:09:35.680 --> 04:09:40.480
 All right.

04:09:40.480 --> 04:09:43.880
 With tonight's work session, I believe we have two items we can mark off of the matrix,

04:09:43.880 --> 04:09:49.040
 so you'll see those changes reflected with our next packet.

04:09:49.040 --> 04:09:54.580
 Just to give you some updates from recent city council actions since our November meeting,

04:09:54.580 --> 04:09:58.080
 at the beginning of December, we did have the Craver Ranch items that were approved

04:09:58.080 --> 04:10:02.960
 by council as well as the specific use permit for that relocation of an installation business

04:10:02.960 --> 04:10:07.760
 here in town, and then just last night, we had the legislative updates to the DDC that

04:10:07.760 --> 04:10:12.680
 you all had recently heard approved as well as the group home SUP that had been requested

04:10:12.680 --> 04:10:19.360
 in the Southridge neighborhood, the addition of the 20 acres to the landmark, MPC, and

04:10:19.360 --> 04:10:23.520
 as well as the historic designation for the house on Rose Lawn that you all heard several

04:10:23.520 --> 04:10:24.520
 months ago actually.

04:10:24.520 --> 04:10:29.360
 That took a while to get to council due to the applicant traveling, but those are the

04:10:29.360 --> 04:10:31.160
 updates I have from council.

04:10:31.160 --> 04:10:37.840
 I did want to note the item on your matrix regarding the multifamily data and recirculating

04:10:37.840 --> 04:10:44.400
 that earlier work session, I am working to get that out to you all fairly soon, hopefully.

04:10:44.400 --> 04:10:45.880
 Thank you.

04:10:45.880 --> 04:10:48.280
 Any additions to the matrix?

04:10:48.280 --> 04:10:49.280
 Commissioner McDuff.

04:10:49.280 --> 04:10:55.880
 Yes, from our discussion this evening, I'd like to add another item, please, on our matrix

04:10:55.880 --> 04:11:02.000
 for the record, and that would be further discussion on Denton 2040 comprehensive plan

04:11:02.000 --> 04:11:08.560
 review and update.

04:11:08.560 --> 04:11:11.640
 Commissioner Tyer.

04:11:11.640 --> 04:11:13.800
 I have a couple.

04:11:13.800 --> 04:11:26.760
 I wanted to talk about rezoning an area, and I'm going to use Craver Ranch as an example.

04:11:26.760 --> 04:11:33.240
 Last month when we had Craver Ranch in here and we were doing rezoning it off from the

04:11:33.240 --> 04:11:40.340
 rural residential with the SUP and all that, they probably had been talking about -- that

04:11:40.340 --> 04:11:47.000
 question came up is why are we just now doing it when it was put into the city limits back

04:11:47.000 --> 04:11:55.520
 in 2008, and I'm sure that developer has been working with city staff for a year or two.

04:11:55.520 --> 04:12:02.560
 Why not when they first come and you know this is going to happen have that rezoning

04:12:02.560 --> 04:12:12.120
 brought in front of this board and then the city council way ahead of time instead of

04:12:12.120 --> 04:12:15.880
 everything boom, boom, boom, boom?

04:12:15.880 --> 04:12:23.480
 Because I think, you know, there was so much for us to have to cover, but even more so

04:12:23.480 --> 04:12:29.040
 there was so much for the residents to have to really wrap their brain around of all that

04:12:29.040 --> 04:12:37.440
 discussion and maybe two years ago if that had been changed from rural residential, I

04:12:37.440 --> 04:12:43.400
 think even though you know, what was that, 17 years ago that that was changed to city

04:12:43.400 --> 04:12:49.520
 limits and everybody knew that it was going to be residences, you forget.

04:12:49.520 --> 04:12:52.960
 You go on with your life and you get busy and so everybody around there probably didn't

04:12:52.960 --> 04:12:54.400
 think about it and didn't forget.

04:12:54.400 --> 04:12:59.200
 And then it was a moment of panic when it was all brought, you know, with three different

04:12:59.200 --> 04:13:00.680
 moments.

04:13:00.680 --> 04:13:08.080
 So I don't know that it's a matrix item necessarily, but just maybe is that possible when things

04:13:08.080 --> 04:13:15.000
 like that, especially on these big developments, that those things, you know, when you know

04:13:15.000 --> 04:13:20.960
 that it's happening to have that as step number one, change that zoning.

04:13:20.960 --> 04:13:25.680
 Yes, I want to make sure I understand what you're asking.

04:13:25.680 --> 04:13:30.280
 So were you saying for properties that are annexed to have the zoning occur sooner after

04:13:30.280 --> 04:13:34.920
 annexation or when we know there's a large scale zoning to bring like a work session

04:13:34.920 --> 04:13:38.760
 to you all to give you an FYI ahead of time?

04:13:38.760 --> 04:13:39.760
 I'm trying to...

04:13:39.760 --> 04:13:43.960
 So like obviously in 2008, even though you knew it was going to be homes, you didn't

04:13:43.960 --> 04:13:45.880
 know what that was going to look like.

04:13:45.880 --> 04:13:50.960
 But then, you know, I mean, a year or two ago when the developer came to city staff

04:13:50.960 --> 04:13:58.040
 and said, this is our plan, this is what we want to do, why not then change that zoning?

04:13:58.040 --> 04:14:02.480
 Like, oh, you're going to need, you know, an SGP, like you're going to need this type

04:14:02.480 --> 04:14:05.080
 of zoning for that.

04:14:05.080 --> 04:14:10.440
 So and this may be something, Hilary, you just prefer we defer to a future work session.

04:14:10.440 --> 04:14:14.960
 I'm thinking a lot of your concern, I think, stems from the annexation process itself,

04:14:14.960 --> 04:14:19.080
 which has changed since 2008 because back then the city forcibly annexed them.

04:14:19.080 --> 04:14:20.240
 It was not done voluntarily.

04:14:20.240 --> 04:14:24.180
 The owners were not ready to zone and were veering into discussion.

04:14:24.180 --> 04:14:29.040
 So I'm going to propose maybe we just do a future work session on annexation processes

04:14:29.040 --> 04:14:31.520
 and that might help address your concern.

04:14:31.520 --> 04:14:33.760
 And zoning, like, yeah.

04:14:33.760 --> 04:14:34.760
 Just the process in general?

04:14:34.760 --> 04:14:35.760
 Maybe.

04:14:35.760 --> 04:14:43.280
 Like it's just, you know, in my mind, I just feel like had that zoning request been done

04:14:43.280 --> 04:14:50.080
 a year or two ago, maybe it would have lessened the tension that we had last month.

04:14:50.080 --> 04:14:51.080
 I mean, a little bit.

04:14:51.080 --> 04:14:54.960
 There was other things, you know, that -- valid concerns.

04:14:54.960 --> 04:14:58.720
 But maybe that would just be one little thing that would have, you know, helped.

04:14:58.720 --> 04:14:59.720
 Cool.

04:14:59.720 --> 04:15:00.720
 Yeah.

04:15:00.720 --> 04:15:03.120
 Let's go ahead and put that on the matrix.

04:15:03.120 --> 04:15:09.920
 And to the extent we can, let's avoid talking about projects we're not posted for.

04:15:09.920 --> 04:15:10.920
 Thanks.

04:15:10.920 --> 04:15:11.920
 Sorry.

04:15:11.920 --> 04:15:13.640
 I just felt like that was a good example.

04:15:13.640 --> 04:15:14.640
 Okay.

04:15:14.640 --> 04:15:19.760
 The other thing, I know we've talked about this.

04:15:19.760 --> 04:15:25.160
 Apartment buildings, multifamily, and we talked about vacancy levels and getting some sort

04:15:25.160 --> 04:15:26.840
 of a report.

04:15:26.840 --> 04:15:36.800
 I think it would be very, very interesting if in that report you can have, like, these

04:15:36.800 --> 04:15:41.000
 are all -- and I don't know if you do it by, like, fourplex and above or if it's just apartment

04:15:41.000 --> 04:15:47.480
 buildings, but have -- these are all the different apartment buildings and this is how many units

04:15:47.480 --> 04:15:50.720
 they have and this is what their vacancy level is.

04:15:50.720 --> 04:15:56.840
 Not only what is currently built, but even what is in the future that is supposed to

04:15:56.840 --> 04:16:01.960
 be coming, especially since, you know, we have a lot of different development happening

04:16:01.960 --> 04:16:05.860
 right now.

04:16:05.860 --> 04:16:08.960
 Because I'm very curious, like, the occupancy rate.

04:16:08.960 --> 04:16:15.960
 Like, the occupancy rate over all in the city, like, is it on average, like, 70% of our apartments

04:16:15.960 --> 04:16:24.220
 are occupied and, again, by units, like, this unit has this many available, but this many

04:16:24.220 --> 04:16:29.680
 is vacant, you know, or this many is full, so that leaves, you know -- they have 50%,

04:16:29.680 --> 04:16:33.120
 you know, because you're going to probably see some that are, like, closer to 100.

04:16:33.120 --> 04:16:38.880
 Like, I just went apartment hunting with my son last week, and there was one in razor

04:16:38.880 --> 04:16:44.880
 ranch and they just opened, they had, like, 10 people, like, it's, you know, 10 units,

04:16:44.880 --> 04:16:45.880
 that's it.

04:16:45.880 --> 04:16:48.680
 So, you know, but that's understandable because they just opened their doors.

04:16:48.680 --> 04:16:52.360
 But then I thought it would be interesting also to see by, like, our districts, like,

04:16:52.360 --> 04:16:58.760
 District 1 has this many apartment units and this is their vacancy rate.

04:16:58.760 --> 04:17:02.320
 District 2, District 3, District 4, I'm just kind of -- it would just be very interesting

04:17:02.320 --> 04:17:06.200
 to see where these apartment buildings are concentrated at.

04:17:06.200 --> 04:17:13.200
 And again, what's -- what we currently have and what is in the future for build-up?

04:17:13.200 --> 04:17:15.000
 I will be completely transparent.

04:17:15.000 --> 04:17:19.480
 I don't know if we have the ability to get that data because what I've found so far in

04:17:19.480 --> 04:17:23.760
 trying to research this for you all is just, like, overall city-wide market data is what's

04:17:23.760 --> 04:17:29.040
 available commercially, so I'll look and see if we can get that somehow, but I'm not sure

04:17:29.040 --> 04:17:31.040
 that we could.

04:17:31.040 --> 04:17:37.360
 Is there even any way to see a list of what is projected -- like, how many apartment units

04:17:37.360 --> 04:17:40.400
 we have in the city and what's projected to be built?

04:17:40.400 --> 04:17:43.680
 I think you'll find that that data is in the report that was given to the Commission earlier

04:17:43.680 --> 04:17:47.400
 this year, and I'm going to circulate that with the report on what we're able to find

04:17:47.400 --> 04:17:48.400
 on vacancy.

04:17:48.400 --> 04:17:49.400
 Okay.

04:17:49.400 --> 04:17:50.400
 Was that prior to February?

04:17:50.400 --> 04:17:51.400
 Yes.

04:17:51.400 --> 04:17:52.960
 I believe it was in January.

04:17:52.960 --> 04:17:53.960
 Yeah.

04:17:53.960 --> 04:17:54.960
 I think you just missed it.

04:17:54.960 --> 04:17:55.960
 Yeah.

04:17:55.960 --> 04:17:56.960
 I just missed that one.

04:17:56.960 --> 04:18:04.120
 Correct me if I'm wrong because I don't want to put words in your mouth, but the request

04:18:04.120 --> 04:18:13.520
 for a work session on annexation and zoning and how that relates to the process.

04:18:13.520 --> 04:18:23.800
 I think we heard tonight and have heard previously that all of a sudden big comprehensive plan

04:18:23.800 --> 04:18:29.520
 amendments and zoning all at the same time is concerning to residents.

04:18:29.520 --> 04:18:39.880
 I would like that work session to include a broader discussion about whether this body

04:18:39.880 --> 04:18:48.680
 likes the way that's happening or would like to see the future land use map revisions always

04:18:48.680 --> 04:18:57.520
 done larger than just the same parcel or subdivision area that's being requested to rezone.

04:18:57.520 --> 04:19:01.960
 In other words, I don't want to get into it, but does that make sense?

04:19:01.960 --> 04:19:05.840
 Do you think that would help the understanding?

04:19:05.840 --> 04:19:10.800
 As far as just opening that work session up to that, would you be in support of that?

04:19:10.800 --> 04:19:27.560
 Absolutely, it just was interesting when on a previous development before this board that

04:19:27.560 --> 04:19:31.480
 city staff had to have known that this was going to be required.

04:19:31.480 --> 04:19:37.840
 It's not like they just knew it a few months ago because these developments take time.

04:19:37.840 --> 04:19:42.720
 It's not just a developer shows up and says, "Hey, I want to be on your agenda next month."

04:19:42.720 --> 04:19:45.200
 There's a whole process.

04:19:45.200 --> 04:19:52.640
 I do actually understand that process, but it's why wait until we're doing all these

04:19:52.640 --> 04:19:55.640
 things?

04:19:55.640 --> 04:20:02.440
 If this is a two-year process, why not a year into it you're coming here in front of the

04:20:02.440 --> 04:20:06.360
 commission and saying, "Hey, we're working with this development.

04:20:06.360 --> 04:20:09.720
 We need to go ahead and change this zoning.

04:20:09.720 --> 04:20:12.280
 This is not zoned appropriately for what's about to happen."

04:20:12.280 --> 04:20:13.280
 Okay.

04:20:13.280 --> 04:20:19.400
 Commissioner Riggs, I remember something about the fiscal tool.

04:20:19.400 --> 04:20:21.800
 I don't know if you were interested in putting that on the matrix.

04:20:21.800 --> 04:20:22.800
 No, absolutely.

04:20:22.800 --> 04:20:23.800
 That was one of the things I was going to recommend.

04:20:23.800 --> 04:20:31.280
 I was also going to recommend putting on the matrix basically a West 380 study that we

04:20:31.280 --> 04:20:40.400
 all discussed earlier, and also if we could have some kind of explanation of staff's financial

04:20:40.400 --> 04:20:47.320
 tool that they use, because I know the finances was a big thing, particularly with the development

04:20:47.320 --> 04:20:53.880
 at the last council, or not the last council meeting, but a week or so, a couple weeks

04:20:53.880 --> 04:20:54.880
 ago.

04:20:54.880 --> 04:21:02.280
 I would also like to discuss whenever we have a development that is, say, 2,000 acres, and

04:21:02.280 --> 04:21:08.440
 we have concerns, and we're hearing concerns from residents about tech stock, about water

04:21:08.440 --> 04:21:14.840
 availability, about financial viability, about all these things, why when we're having a

04:21:14.840 --> 04:21:21.040
 council meeting are the finance people not here, the utility people not here.

04:21:21.040 --> 04:21:26.240
 I think that that would have gone so much smoother if we had all those players at those

04:21:26.240 --> 04:21:33.000
 meetings to talk about it and actually talk in depth about their specific profession.

04:21:33.000 --> 04:21:38.720
 Did you get that?

04:21:38.720 --> 04:21:39.720
 Thank you.

04:21:39.720 --> 04:21:40.720
 Anyone else?

04:21:40.720 --> 04:21:41.720
 Okay.

04:21:41.720 --> 04:21:48.000
 That brings us to our last item, which is concluding items.

04:21:48.000 --> 04:21:49.680
 I have a short one.

04:21:49.680 --> 04:21:51.360
 Thank you, everyone, for your patience.

04:21:51.360 --> 04:22:00.020
 I know the meetings in the last two months have been mentally and eating and drinking

04:22:00.020 --> 04:22:06.920
 and getting rid of fluids challenging, so I just thank you for everybody's attention

04:22:06.920 --> 04:22:08.960
 to detail.

04:22:08.960 --> 04:22:15.560
 I'm really encouraged to see how everyone on this commission, as we gain more experience,

04:22:15.560 --> 04:22:22.120
 is digging into slightly different things so that we don't leave any stone unturned,

04:22:22.120 --> 04:22:26.400
 but I hope everybody has a wonderful holiday time and hopefully you get some more time

04:22:26.400 --> 04:22:32.400
 with your family and we'll hit the ground running in January.

04:22:32.400 --> 04:22:33.400
 Commissioner Riggs?

04:22:33.400 --> 04:22:36.520
 I do have one closing idea to their statement.

04:22:36.520 --> 04:22:40.780
 Tonight, Fredmore High School has a graduating class, and so I just want to say congratulations

04:22:40.780 --> 04:22:43.720
 to all the new Fredmore graduates.

04:22:43.720 --> 04:22:46.040
 Very good, and Commissioner McTuff?

04:22:46.040 --> 04:22:49.080
 Yes, I have a thank you.

04:22:49.080 --> 04:22:53.240
 Someone that helped me this week, our staff member, Matt Underwood, a special thanks to

04:22:53.240 --> 04:22:59.080
 Matt Underwood, Senior Support Services Specialist in our Technology Services of Denton.

04:22:59.080 --> 04:23:04.280
 It's always good to have a good staff member to call and get good help.

04:23:04.280 --> 04:23:12.360
 I got my iPad unlocked and ready to go again, so thanks to Matt during this special time

04:23:12.360 --> 04:23:14.360
 of year.

04:23:14.360 --> 04:23:17.360
 Anything else?

04:23:17.360 --> 04:23:19.440
 Commissioner Dyer?

04:23:19.440 --> 04:23:24.520
 I just wanted to wish city staff, residents, and my fellow commissioners happy Hanukkah

04:23:24.520 --> 04:23:26.480
 and Merry Christmas.

04:23:26.480 --> 04:23:33.560
 Yes, I just wanted to note, I will be out on family leave for a few weeks coming up,

04:23:33.560 --> 04:23:39.160
 so Angie will be with you all for your January and possibly first February meeting.

04:23:39.160 --> 04:23:49.800
 Well, I wish you the best in what you're facing, and seeing no more items, at 944 p.m. on December

04:23:49.800 --> 04:23:55.520
 17th, with no objection, I will call this meeting adjourned.

