Mar 18, 2026 Planning and Zoning Commission on 2026-03-18 5:00 PM

March 18, 2026 Planning and Zoning Commission

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>> Good afternoon. At 5 10 p.m. this Wednesday, March 18th, I will call with a quorum president the city of Denton planning and zoning commission work session to order. Our first order of business is citizen comment on the consent agenda. I do not see anyone present, so we'll move on to clarification on the consent agenda. We'll move on to clarification on the consent agenda. We'll move on to clarification on the consent agenda. We'll move on to clarification on the consent agenda. We'll move on to clarification on the consent agenda. We'll move on to clarification on the consent agenda. We'll move on to clarification on the consent agenda. We'll move on to clarification on the consent agenda. We'll move on to clarification on the consent agenda. Only one item on there. Only one item on there. FP 25-33A. Are there any questions on the consent agenda? Not seeing any -- sorry, yes. >> Yes, I just have a special note to note, and that is I did the Heresis and do know Robert and worked with his brother Richard, and I taught the son of Richard, and so I did reach out to Sean to check to see if he thought it might be a conflict of interest. I got some information back, and me and I spoke this morning, but I did just want that to be noted. I don't believe it is, but -- >> Appreciate your attention to detail. Thank you. >> Thank you. That moves us to items for individual consideration. FP 26-2. Good afternoon, Mia. >> Good afternoon, Chair, members of the commission, Mia Hines, senior planner. This item is a final plan for Hickory Grove phase 5, which is just under -- about 87.645 acres located at the southwest corner of Hickory Grove. We will be meeting our criteria for approval, so we are recommending denial. However, we have no objection to the requested extension to April 8th, 2026. With that, happy to answer any questions you have at this time. Oh, and this would be their second extension. Happy to answer any questions. >> Questions? I don't see any. Thank you. >> Thank you. >> Next item is for individual consideration, item 4B, FP 26-3. >> This item is Hickory Grove phase 6, final plan for Hickory Grove phase 6, which is about 66.5 acres located at the southeast corner of Jackson Road and Nail Road. Similarly, they are not meeting our criteria for approval at this time, so we are recommending denial. With that, happy to answer any questions you have. >> Not seeing any. 4C, FP 25 -- 26-6. >> Good evening, Chair, members of the commission. Angie Manglaris, assistant planning director. This is a final plan for bridle ridge. It is an approximately 66-acre tract of land. This is a final plan for bridle ridge. It is an approximately 66-acre tract of land. This is a final plan for bridle ridge. It is an approximately 66-acre tract of land. It is a final plan for bridle ridge. It is an approximately 66-acre tract of land. It is a final plan for bridle ridge. It is a final plan for bridle ridge. It is a final plan for bridle ridge. It is a final plan for bridle ridge. It is a final plan for bridle ridge. Any questions? Seeing none, thank you, Angie. 4D, FP 26-8. >> Good evening, Julie Wyatt, principal planner. This is a final plan for a charter school located on the south side of vintage road just east of I-35W. At this time, it does not meet our criteria for approval for a final plat. However, staff has no objection to an extension to April 8th. It is the first request. >> Any questions? Not seeing any. Thank you, Julie. 4E, FP 26-5. >> Good evening, chair, members of the commission. Ashley, associate planner. This is FP 26-5. This is a final plat for the bridge. This is a final plan for the bridge. This is a final plan for the bridge. It is a final plan for the bridge. This is a final plan for the bridge. 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I'm going to take the mouse and sit down because this is more conversational. Okay. So in homage of the awesome Tina fragrance, let's begin with the end in mind. The bill that we're talking about today did a few different things and brought in most probative part. It placed restrictions on the city's ability to ask for right-of-way dedication at the plat stage. To come into compliance with this but still get the business of the city done, staff moved the right-of-way dedication at the plat stage. To come into compliance with this but still get the business of the city done, staff moved the right-of-way dedication at the plat stage. To come into compliance with this but still get the business of the city done, staff moved the right-of-way dedication at the plat stage. To come into compliance with this but still get the business of the city done, staff moved the right-of-way dedication at plat stage. To come into compliance with this but still get the business of the city done, staff moved the right-of-way dedication at plat stage. To come into compliance with this but still get the business of the city done, staff moved the right-of-way dedication at plat stage. To come into compliance with this but still get the business of the city done, staff moved the right-of-way dedication at plat stage. To come into compliance with this but still get the business of the city done, staff moved the right-of-way dedication at plat stage. Okay, let's talk about right-of-ways. This is a recently approved plat, reserves at Brush Creek. I'm pointing you to the north arrow, and I'm also flagging a very specific right-of-way portion in this green arrow. You'll see that it is about 67.5 feet wide for a future city of Denton Road. You'll also see just for comparison purposes, we've got other streets marked as a private right-of-way. There's going to be streets that are built and maintained and owned by the community. This is from the city of Denton GIS page with the mobility plan layer turned on. So that's what we're talking about here, the 2002 mobility plan, and here's the little legend. Here in the green arrow is the same spot on the plat we were just looking at, and that's basically how I, when I'm looking at plats, what I tend to kind of take a look at if I have questions of like, hey, why is this dedication 67 feet wide? That seems real big. So I would go to the map, and I would see this, and I'd be like, oh, it's a primary arterial. That makes sense. And since I don't have widths of everything memorized, I may also go to the mobility plan where I get a variety of information like what's shown here. For our purposes on this example, we see that the right-of-way for the whole thing is 135 feet. I have the math, and half of that is 67.5 feet, and so that kind of puts two and two together for why we had that 67-foot-wide dedication. So that's probably a redundant overview, but I thought it helpful for context setting purposes. Any questions, comments, pirate jokes? Okay. Okay. So the next piece is we're going to walk through the bill. So HB 3699 was passed in the '80s legislation and was effective in September of 2023. The bill's goal was to refine and standardize the Plaid approval process, and it did a number of things like what's listed here. In my view, the main goals of the bill were to make it very clear of when the shot clock starts by making it very -- by putting a responsibility on the city to list everything that is required in order to make a Plaid application, and that the shot clock starts once the application and all of those additional documents are received. Not Denton, but apparently other cities had a little bit of wiggly room such that NFDA developers complained, and yep, that's what we have. Also, something else that we changed as a result of this bill was where we ask for information like traffic reports or drainage information. Before this bill, we asked for that information at the Plaid application stage. Challenge accepted. How many times can I say that today? But now, because the city cannot require any studies or analyses other than very limited kinds of information, we again asked for that information at the zoning compliance plan stage. Okay. >> Sorry, I'm going to butt in. Just for our remembrance, is the zoning compliance plan prior to or after final Plaid? >> The zoning compliance plan prior to final Plaid. >> For a by-right development, that will be their first application. This is the zoning compliance plan. Chair, you might be the only one who recalls that a residential subdivision used to not have that site plan or zoning compliance plan step. They started with a preliminary plat. Once this bill went into effect, that was the biggest change that we made internally was making everyone now go through that site plan. So it still happens as the very first step. The exception would be if someone comes before you all with an SUP or a standard plan development that includes the plan as part of that, then that replaces that zoning compliance plan. But all of that same analysis gets done with that site plan review instead. So it still happens as the very first step. >> Okay. Thank you. >> Thank you, Haley. >> Can I interrupt? >> Of course. >> Can I ask a not-related kind of related question? >> Light on me. >> Okay. So on the former screen. >> Sure. >> When you talked about how the city must publicly post the information and documentation required in the plat application. So before -- like how easy is it for, you know, Joe on the neighborhood, you know, to find this information? And I only ask because I had heard rumblings that there was a very large grocery store coming near my area. This was before I was on the planning and zoning. So I went on to, like, the city sites where all these are supposed to be at. And I'm putting in all the keywords like ATB, landmark, Hillwood. And I couldn't find anything. It wasn't until, like, some people kind of directed me and I got in where I could actually find, you know, some of the plat information. So when the city is required to publicly post that, like, how come it doesn't feel like it's as easy to find it? >> You're kind of talking about two different things, but they're both good questions. So here we're talking about what you have to submit in order to apply for a plat. So that's going to be, like, the checklist, the owner information, how many blocks you're doing, stuff like that. It sounds like you're talking about plats that might be in the review process or recently approved. >> Well, possibly, like, any of that stuff, because, you know, like, citizens, we hear rumors and you kind of want to confirm, like, is it a rumor? You know? >> I see. Okay. >> Or is it, like, something that is a rumor? But it's true, because most rumors are not true. >> And fair enough. So that concept isn't really contemplated in the bill, but it is something that we do continually try to improve on with, like, opting in. >> That's why I said this was a not related, kind of related question. >> Yeah, I think you accurately characterized it, indeed. >> Yeah, I would say even prior to this bill, the city had checklists for all of our applications types, so we were in compliance with that requirement when they passed this bill. So our checklist is something we routinely go through and update what those standards might be as needed. Those are all, like, two to three clicks in on our website if anyone wants to go find them under a helpful little box on our land development page that says applications and checklist. They're all there, available, what you're looking for is maybe a little bit more difficult to find. I mean, we do have sources for it on our website, namely our GIS map that shows an active project layer. So that information is there to find the level of detail that you're speaking to might be a little harder because someone would need to create an account through our eTracket system to log in and look at the plans. >> And I know that I am an oddity because of my profession, so I look at things, you know, with a little bit different than your average citizen, but, you know, it's just -- I was always just very curious. Like, sometimes I feel when we talk about, like, communication or transparency, things are kind of buried. Like, there's lots of layers that you have to go through, and you kind of have to know how to go through the layers. >> Sure. After we're finished with this part, we can walk through the GIS mapping and how to play with it a little bit. >> Okay. >> Would that -- >> I mean, maybe, but I was just -- I'm just asking more for, like, your average citizen when they hear -- you know, if all of this is supposed to be public at some point, how does the average citizen find the information when you're looking for, like, a main word, but maybe that's not the main word that is used to pull up, you know? >> Right. So the non-answer answer, unfortunately, is, like, if you're really curious about, like, you know, hey, something is happening on the corner of Oak and Elm, and I don't know what it is. I don't know how to describe it, but I think something's happening. You know, at that point, it's totally appropriate for them to call the department. >> Absolutely. >> Yeah. >> Okay. Thank you. >> I would say I don't think this bill necessarily speaks to requirements for specific plats to be made publicly available anyway. >> No, no, no. >> It is strictly speaking to what a city has to publish so that someone knows how to submit a plat and what information they have to put on it. >> Right, because some cities we're running into, like, hey, here's -- here's -- here's a complete plat application, and then the city official might be like, haha, but you didn't include the -- the Dippity-Doo on the form Q. You gave it on a form T, and therefore you're rejected. Like, no, we need to be transparent. >> I have a question over here. >> Yeah. >> Dippity-Doo. >> Sorry for the technical language. >> I do love that. I think what Commissioner Dyer was getting ready to say was that she -- and I believe we've talked about this in our public image, public relations materials, notifying the public about the use of social media. >> Well, for that wasn't necessarily social media, but when you hear a strong rumor that a major grocery store is coming to a certain area, and like, I would click on the map, too, and it just seems like I just couldn't figure out how to access, you know, between going to the city and finding the GIS and, you know, finding all that, and you are correct. There was -- I did get to a screen where I needed project numbers and stuff. Well, I don't -- I don't know a project number, you know, and I was putting in all -- to me, all the right words where I was landmark, you know, Hillwood, HEB, you know, and it just -- none of it was coming up with anything, so. >> Comment again, and we're having a conversation. >> Absolutely. >> But I guess what I would suggest or comment on is that how to do this -- >> Oh, yes, yes. >> -- might be on social media in terms of City of Denton. >> Well, I am a -- >> I think we had talked about a how-to kind of thing. >> I am a big proponent of using social media to, you know, I've seen the ones where we've got some citizen who's like a Mr. Rogers, and, you know, that's out and about, but sometimes I feel like some of the important stuff is not there, but, yeah, you know, it would be kind of cool, a how-to, like a City of Denton how-to, like how to find a project, you know, in your area, how to do this. Is that kind of what you're thinking, like? >> Well, I was encouraging you to continue with a conversation, but, yes, FIQ is we just got through at our big meeting, you know, frequently asked questions. >> Yeah. >> But I do think those kinds of things would be helpful. >> Because I think that you -- I mean, and we're getting a little bit off topic. >> A little bit. >> But I do see, like, in the chatter where, you know, people -- things have been in front of the planning and zoning or things have been in front of the city, and they're like, well, how did we know? Like, we didn't know that we should, like, be going to these meetings, and it's not just here. Like, it's another -- you know, I see it in other cities, too. It's not a Denton thing, but -- >> Okay. I'm picking up what you're putting down. And so, Commissioner Dyer, I'm going to suggest that maybe it might be appropriate for concluding items to talk about some kind of item for how to -- >> If you're interested, we'd be happy to come back with a work session that shows you all how to locate all of that stuff and then certainly have heard your feedback, and we can take that to those who are more technologically savvy than myself and figure out how to post some sort of FAQ on our website for that topic. >> And, frankly, that video of how to locate information is something that is recorded and available on the website under, like, the prior public meetings and such. So that could even be a shareable resource. >> Absolutely. You just -- you know, whoever manages the city's social media pages, you just -- hey, have you ever wondered how to find a project? Well, here you go. Awesome. And so I'm going to -- >> Yeah, sorry. >> No, I think it was a valuable discussion, but, like, you know, I hear there's olive gardens, so I want to keep this on track. Anyway, so the meat of the bill for our purposes today is the text that I've shown on screen, basically saying that the municipal authority may not require dedication of land for a future street or alley if the owner doesn't want to or if we don't have it funded and approved in a capital improvement plan or if it's -- or a similar plan by the county. So that's kind of big language. It's big talk. And so that's why Chair Peru was reasonably like, hey, what -- what should we do with this? And so the next slides, we'll talk more about that. So what did we do about this? So as we've already discussed, we basically moved the plat application studies and analysis requests to the zone and compliance plan stage. And since we've made everyone do the zone and compliance plan, we don't really -- we've made the preliminary plat an optional step. Okay. So right-of-ways are based on the mobility plan and are informed by the proposed development. They are also an exaction. So staff has processes and checklists to make sure these requests are proportional to the proposed development. There were some really, like, vocabulary-dense words in there. Does anyone want a recap of what an exaction is or why proportionality is important? No shade. Cool. You would like a recap? Okay. So an exaction is basically a development concession, essentially, that a city requires an exchange for development approval. For example, in this context, hey, your building is going to cause 100 more cars to be on the road day in and day out. Therefore, we need you to improve a turn lane so that congestion is managed. That is likely proportional because the amount of money and time we're asking them to spend on making the turn lane improvement is about similar to how much burden they're putting on our transportation system. However, if we said, hey, you're adding 100 new drivers to this street, we would like you to build us a library. That's unrelated and out of proportion, and it would be inappropriate. Now, of course, those are two examples, and there's a lot of gray in the middle, and that's why I have a job, and that's why staff has robust checklists and processes to pressure test exaction requests. So in the event that staff and the applicant are crosswise about a right-of-way request, there are a few ways that we can go about changing it. We can do a mobility plan amendment to either increase or decrease the road classification, and as we saw in our example, that can change how wide the dedication would need to be. If the developer thinks that we are asking for a library when we should be asking for a turn lane, they can do something called the exaction, proportionality, determination, and appeal, which doesn't really happen because we don't ask for libraries if they're not warranted. And then finally, we can do a development agreement as authorized under Chapter 212 of the Local Government Code to memorialize a negotiated solution. So these facts backing up, so that's the context for why we're not actually too worried about this language. Generally speaking, an owner who's putting in a multifamily development is going to understand, you know what, my residents will need a way to get to the main street. I guess that's legit. And further, we're just not running into challenges. So that's pretty squared away. Yo. >> So where I've kind of run into this in the past, like you have a development and they're abutting, say, a two-lane road, but it's on the mobility plan to be a primary arterial. And so their proportionate share is maybe they do just need to add a turn lane, but we can't require them to build the full primary arterial section. >> That's true. >> So that's really where it kind of comes into play as opposed to like a library, right? >> Right, exactly. >> Okay. >> Right. So in that instance, we could do any number of things. We could say, like, look, you know, this is on the mobility plan to go to the next higher roadway classification. Whenever that does happen, we're going to be visiting you for an easement at that time, and we can take care of it now with more roadway impact fee credits, or we can take care of it later, that kind of thing. That's how I typically handle it. Yo. >> Okay. So I have another related, but maybe it's unrelated question. >> Let's do it. >> Okay. So when we're looking at kind of your example about, you know, a development or businesses that are bringing increased traffic to an area, and this HB 3699 was written by the state legislator, and TxDOT is a state agency. How come there is not more collaborative work effort to make sure, because we hear a lot with everything that's coming in our area with all this development, and how the roads are not keeping up with it. So if the state is wanting us to do all of this, and we have all of this increase, but yet we seem to be missing something from TxDOT to keep up with the demand, why can't -- like, where is the -- where is the missing piece there? And maybe you can't even address that, but -- >> So the context here is in cities approving plats. And I think -- I've only worked in Denton, but it's my understanding that Denton has a pretty high amount of TxDOT roads. So we have more than is typical for, I think, municipalities of our size. Haley's nodding. That always makes me feel better. So that's why our investment, I guess, with TxDOT feels more so because it is. >> But you look at some of the big housing developments that have been approved over the past few years or recently, and you hear in the public comments about the citizens' concerns about the roadways and this and that. And I know that they're not coming tomorrow. >> Sure. >> You know, some of these communities are being built over a, you know, five-year, 10-year, 20-, 40-year build process. But still, you know, there just seems to be -- nobody -- not everybody seems to be on the same page. >> Okay. And you know what? I think that is a fair statement, and the explanation for that, at least in the context of this discussion, is that TxDOT isn't usually a party to a private developer applying for a plat, and then the city -- >> But I guess in my mind, if the state's saying you have to do this, and TxDOT is a state agency, and so the city is having to abide by this, like, shouldn't TxDOT now also -- you know, and maybe this is more something we just talk with our state legislators about. >> Yeah, I think we're in that territory, because it's like, yeah, that would make sense. That's not the world we live in today, though. >> Maybe I'm misunderstanding, but my understanding of this is that these are the things -- these are the limitations on the city on what we can require a private developer to do in the process of doing their development, right? We don't have any purview to require TxDOT to do anything, right? And so we can do these for city of Denton roads, right, roadways, future right-of-ways. We can't do these for TxDOT roads, and that's a separate government entity. Is that a fair statement? >> Yeah, I was going to say, for the purposes of platting, while you will see, like, certainly identify adjacent TxDOT roadways on plans, as the city, we can't even tell someone, hey, we know TxDOT plans to widen this road to this width. You should go ahead and dedicate that right-of-way, because it's just not our role and not our purview. TxDOT -- it's on them to come in when they are ready to actually do that project to acquire the right-of-way that they need and that sort of thing. So while the city works collaboratively with TxDOT as best we can, our transportation services team meets with them on a monthly or every other week basis to discuss projects, we in reality have very little ability to influence how their projects get funded and what timeline they occur on. >> And I will say that usually the applications that come before us where there's an adjacent TxDOT roadway, there's pretty good collaboration between the applicant and TxDOT, because they need that collaboration in order to get the right to have access from that roadway, to have a curb cut. The things where everybody's kind of looking at the cloud saying, I don't know who's going to do this, are things where maybe there's offsite improvements that would be necessary as a result, right? And there's no trigger in that that I'm aware of, because even when we do a development agreement, we don't have any ability to influence what we can try to influence, but we don't have any ability to require any development agreement, something that TxDOT does, because it's between the city and the developer. >> Right. And so to further refine the scope of what we're talking about here, this language here just says that we cannot condition plat approval on a dedication of roadway unless it meets these two things. And our position is that we're not conditioning plat approval on that. They've already agreed through the zoning compliance plan or the SEP or plan development district that these dedications are appropriate, and we're just reflecting that on the plat. So we've already talked about this slide. And we've already talked about this slide. Excellent. So did we experience complications from the bill? No, not really. And yeah, existing -- sorry, Haley, you can speak to this, but basically any of the complications we ran into were from just typical code change stuff. Okay. The process remains the same. We just moved it from where and when in the process. I'm on a couple of attorney listservs, and this hasn't come up. I've actually had someone ask, hey, has this come up? And generally speaking, well, the answer was no. And the rationale is thought to be that developers basically understand, like, hey, yeah, I get it. I need a road to connect my subdivision to the main drag. What does this mean for y'all? It means that I hope as a result of this work session you have a better understanding of how roadway dedication works. But platts are still a ministerial approval. So if you wish to vote against a plat, this is just a generic extra reminder because I love to remind y'all of things. State the criteria for approval that you think staff missed, and then explain why you think staff missed that. Whenever you can give a reason for voting, it makes my little parliamentary and heart happy, so thank you. When you're looking at a plat that staff is recommending for approval, you can be assured that staff's existing right-of-way procedures are working pretty well, or the plat wouldn't be in front of you yet. Yeah. So sometimes we may have a plat that's delayed for a development agreement that relates to a right-of-way dedication or timing of work being done. There's one whose name I can't remember, but you've extended it two or three times already. And it's because there's two parcels next to each other that both have improvements that they need to do, but because of their development timing, it makes sense for personal aide to do A and B at the same time, and so we're waiting for parcels A and B to decide how they want to handle that. But in the meantime, staff can't come before you and say right-of-way, squared away. So that's why you haven't seen the plat for approval. Oh. And that's the end. I thought I had a question slide, but apparently I did not. >> We're supposed to ask questions and pirate jokes in between. >> Okay. So why couldn't the 12-year-old pirate get into the new pirate movie? It was rated R. One more. What is the pirate's favorite letter of the alphabet? No, for his true love be the C. Thank you. I'll show myself out. >> That's pretty good. Thank you. One question I had on this is I know that in the 2020/2022 mobility plan, we kind of pulled off the collector roadways from the mobility plan map because my interpretation was that we had learned that we're not very good at drawing those lines specifically where they should go ahead of time. And so I wonder -- I take it that the choice of how many collector roadways and where they should go is a professional discussion between the applicant and staff and that sort of thing because they're not clearly identified on the map. And I wasn't sure whether HB3699 was creating any barriers to good resolutions to those conversations. Does that make sense? >> Let's say I don't believe we've had any challenges with that. There is still language preserved in the mobility plan itself that speaks to, you know, once certain thresholds are hit, staff can still identify the need for collectors in certain areas to support the traffic. So generally it is just that kind of open discussion and negotiation with developers when they come in to lay out a new subdivision or a new, you know, multi-lot commercial development of like, hey, at this point you've hit X number of trips and you really do need a wider road to support that. So it's just part of that negotiation and work on the front end of a project. >> Okay. Good to hear. Any other questions? Commissioner Riggs. >> Yeah, I just have a comment. I know what some communities have done in relation to this bill is they've actually said, well, since we can't require you to dedicate it as part of the plat, we'll ask you to set it aside as a separate lot that then the city can come back and purchase in the future. So I think it's really smart that we moved it to the zoning because that would be the alternative. >> That sounds awful. >> Yeah. >> Cool. >> All right. I'm not seeing -- oh, no, not seeing anything else. That is all of our work sessions. So at 6.04 p.m., I will close this work session. We will reconvene in council chambers at 6.30 p.m. Thank you. >> Good evening. At 6.33 p.m., this Wednesday March 18th, we will call the regular meeting of the city of Denton planning and zoning commission to order with the quorum present. Our first item of business is to stand and say the pledge of allegiance to the U.S. and Texas flag. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. >> Honor the Texas flag. I pledge allegiance to the Texas one state, under God, one indivisible. >> That brings us to item 2A, PZ26-38, consider approval of the planning and zoning minutes from the February 25th meeting. Open the floor for a motion. Commissioner Biggs. >> I make a motion to approve. >> And commissioner Mcduff. >> I second that motion. >> Motion and second on the board. I don't see anybody with any other questions. So I'm going to turn it back over to commissioner Mcduff for a vote. It looked like it started to go because the motion moved up into the text. If it's easier, we can redo the buttons. No, the board looks like it's cleared. Would it help if we tried that again? There we go. That item passes 5-0. Brings us to our consent agenda. One item on the consent agenda. Do we have any motion or discussion on 3A FP25-33A? Commissioner Mcduff. >> Yes, approval of this proposal with the Robert Harris final plan. >> And commissioner Riggs. >> I second. >> Not seeing any discussion. I call for a vote on the board. That item passes 5-0. Brings us to our items for individual consideration. 4A FP26-2A. >> Evening, chair. Members of the commission, Mia Hines, senior planner. This item is a final plan for Hickory Grove phase 5, which is an approximately 87.645 acre site generally located at the southwest corner of Jackson Road in the city of Thenton, ZTJ division 1. At this time, the plan is not meeting all of our criteria for approval. So staff is recommending denial of the final plan at this time. However, we have no objection to the requested second extension to a date certain of April 8, 2026. With that, I'll stand for any questions. >> Thank you. Commissioner Dyer. >> I would like to go ahead and make a motion that we deny this for tonight but grant the extension for the April 8th meeting. >> And commissioner Ketchers said? >> I second that motion. >> Not seeing any discussion. Call for a vote on the board. That item passes 5-0. Brings us to 4B, FP26-3A. >> This item is a final plan for Hickory Grove phase 6 located or approximately 66.521 acres located at the southeast corner of Jackson Road and Nail Road. Similarly, at this time, the plan is not meeting all of our criteria for approval, so we are recommending denial. However, we have no objection to the requested extension to a date certain of April 8, 2026. With that, I'll stand for any questions. >> Thank you. Commissioner Dyer. >> I would like to make a motion that we go ahead and grant the extension for April 8th. >> Commissioner Ketchers said? >> I second that motion. >> Not seeing any discussion. Call for a vote on the board. Any discussion? That passes 5-0. 4C, FP26-6. >> Good evening, Chair, members of the commission. Angie Mangleris, assistant planning director. This is FP26-6, final plan for Bridal Ridge. This is approximately a 66.6 acre tract of land generally located north of Johnson Lane and approximately 2400 feet east of John Payne Road. The purpose of this plot is to establish 210 single-family residential lots. At this time, the final plot does not meet our criteria for approval, but staff has no objection to the requested extension, which could be granted to April 8th. Happy to answer any questions. >> Thank you. Commissioner Riggs. >> I make a motion to grant an extension to April 8th. >> Commissioner MacDuff. >> I'd like to second that motion. >> Not seeing any discussion. Call for a vote on the board. That item passes 5-0, brings us to 4E, FP26-5. >> Good evening, Julie Wyatt, principal planner. >> Sorry. I called the wrong item. It's FP26-8. >> Julie Wyatt, principal planner. And this item is a final plot for a charter school. The property is located on the south side of Vintage Road, just east of I-35W. At this time, it does not meet the criteria for approval. However, staff has -- so staff recommends denial. However, we have no objection to the requested extension to April 8th, and I'll be happy to answer any questions. >> Thank you, Julie. Commissioner Dyer. >> I would like to make a motion that we go ahead and grant the extension for this plot to April 8th. >> Commissioner Riggs. >> I second. >> Seeing no discussion, we'll call for a vote on the board. That item passes 5-0. Now we're at 4E, FP26-5. >> Good evening, Chair, members of the commission, Ashley Eckstead, associate planner. This is FP26-5. This is a final plot for the AMBE addition. This is an approximately 2.23 acres site on the west side of 35 north of Jim Crystal. At this time, staff has recommended denial, but we have no objection to the requested extension until April 8th, 2026, and I'm happy to answer any questions. >> Thank you, Ashley. Commissioner McDuff. >> Yes, I'd like to make a motion for agreement with staff and for an extension to a date certain of April 8th, 2026. >> And Commissioner Ketcherset. >> I second that motion. >> Not seeing any discussion. I'll call for a vote on the board. That passes 5-0. Brings us to our last item for individual consideration for FMR25-17. >> Good evening, commission, Matt Bodine, assistant planner. Here to present a final replat to create two lots of record data from a 9.873 acre lot located on the east side of North Locust, approximately 4,800 feet north of 288. Currently does not meet our criteria for approval. Therefore, staff has recommended denial, but has no objection to their request for an extension to April 8th. >> Thank you. Commissioner Ketcherset. >> I motion to approve the extension request to April 8th. >> Commissioner Riggs. >> I second. >> Seeing no discussion, I'll call for a vote on the board. That item passes 5-0. Brings us to our public hearings. Our first public hearing is 5APD26-1. This hearing has been requested by the applicant to be postponed. And I will go ahead and open the public hearing now. And we will leave the public hearing open. So if this is something you're interested in, we'll be hearing this on April 29th in about six weeks. Sounds right. That brings us to 5BMPA26- -- sorry. Thank you. Do we have -- Commissioner Ketcherset, a motion to -- >> I motion to approve the applicant's request for this to be postponed to April 29th, 2026. >> Motion to postpone. Commissioner Dyer. >> I will go ahead and second that motion. >> And seeing no discussion, call for a vote on the board. Motion to postpone. That item passes 5-0. Brings us to 5B and 5C will be re-noticed. I'm not going to open the public hearing at this time because of that. But stay tuned to the announcements on the city web site and other avenues for when that comes before us in the future. So that brings us to item 5DZ26-1. >> Good evening, commission. This is rezoning request Z26-1 Mayhill Road rezoning. My name is Mappo Dean, assistant planner. So this is a request to rezone an approximately 1.6 acre property from the rural residential RR district to the light industrial LI district. This property is located on the east side of Mayhill Road, approximately 75 feet south of Moore Street. The property is currently being used for nonconforming outdoor storage development which was on this site since prior to annexation. And as a note, rezoning is the first step in bringing this development into compliance with the development code. This request was reviewed against our general and zoning criteria for approval. To go over a few of those in particular, the comprehensive plan designates this area as industrial commerce which is intended for light and heavy industrial uses. The LI zoning district additionally is intended for those light industrial employment uses and calls out outdoor storage as a specific example. Why this district is chosen over a couple others or others, one of the reasons is that the other district that was considered heavy industrial is not appropriate since this property does not meet that district's dimensional standards for its lot. Additionally, the LI zoning being on Mayhill helps serve as a transition between the commercial uses on the west side of that road to the heavy industrial on the east. Additionally, an SCP would be required if the applicant wanted to continue the outdoor storage use to bring it into full compliance. This site was notified to the public according to state and city law. Staff did not receive any responses. Staff is recommending approval of the requested rezoning and is here to answer any questions. This is a public hearing, so I will open the public hearing at this time. I don't have any cards to speak, but if you would like to speak, you're welcome to come up. >> Hello, my name is Nathan Toon, 513 West Oak Street, Texas. I'm the applicant. I think Matt did a great job of presenting the case. Don't have anything else to add except for maybe -- I thought as part of this request, the SUP was coming as part of it. Do we have to do that separately? Okay. So I'm here for any questions if you guys have them. >> Any questions? Commissioner Riggs? >> So currently the use is -- what it is is basically outdoor storage, which is basically nonconforming, and there's -- that's fine, so I'm just curious as to what triggered you wanting to go for rezoning. >> So I just purchased the property, and the use was existing before we bought the property. It's leased to the Mazda Denton dealership. They're parking excess inventory space there. I had previously decided that they were going to build a service facility at their dealership, so they lost a pretty good amount of inventory space. So they found this location maybe almost two years ago, I believe, is when the lease was signed, and we bought the property a few months ago and decided it was prudent to get some zoning since there is no zoning currently. >> Any other questions? I don't see any. Thank you. >> Thank you. >> Matt, just -- when we say there's no zoning currently, what's the current status of the parcel? >> So it's -- the current zoning is our residential. It was established essentially as a placeholder from annexation. It hasn't changed that since being annexed. >> Okay. Thank you. This is a public hearing. Anybody else not seeing anyone else, I will close the public hearing, open the floor for discussion or motion. Commissioner McDuff. >> I move to make a motion to agree with staff for the request for this rezoning. >> And Commissioner Ketcherset. >> I second that motion. >> Okay. Any discussion or questions? Not seeing any. I will call for a vote on the board. That item passes 5-0. Brings us to our last public hearing of the evening. Which is -- sorry. 5-E DCA 26-1. >> Good evening, planning and zoning commission. My name is Leah Atkinson. I serve as the housing programs coordinator on the community services team. Approximately a year ago, a little bit longer than that, staff came in front of this commission to propose a new program called the affordability incentive program which should be housed in section 212 of the debt and development code. We've been working on this for a long time. We've been working on this for a long time. We're here to propose some amendments to that program. So as background, the section 212 affordability incentive program was created on October 15th of 2024. The program offers nine different zoning incentives for residential developments that commit to leasing or selling properties. I'm agreeing to commit some of my homes as affordable housing and in exchange I'd like to access some zoning incentives. Since the program's creation, four multifamily developments and two single-family developments have applied for the incentives. Of these applications, two of the multifamily have moved forward and executed contracts and are in construction now. They've also been applied to single-family development. They've also been applied to mobile as well as the rate at which they've been applied for across both multifamily and single-family developments. So most utilized by far so far has been the parking reduction. Additionally, among the available incentives is a landscaping area point system reduction, the unit size reduction, a building height increase, a minimum lot area height reduction, and a remote parking reduction. In summary, staff is committed to evaluating this program on an ongoing basis to ensure that it's operating as effectively as possible. In the years since program creation, staff have identified four opportunities to improve the program. First, staff is proposing to remove the right of first refusal requirement. Next, staff is proposing to increase access to the incentives by removing the scaling qualification. Finally, staff is proposing to increase affordability requirements to across the board be affordable for Denton, meaning below our market rate, and distinguishing between those different rental and ownership markets. Lastly, staff is proposing to clarify the affordability requirements for small developments which have fewer than 20 homes. So first and foremost, staff is proposing to remove that right of first refusal requirement. Staff was first proposed. Staff included the right of first refusal, which is a requirement that anytime within the affordability period, which is 30 years, should the developer sell the property to another operator, they would need to offer the city the right to purchase that property first. It was initially included as additional protection on the affordability. Staff has since determined that it does very little to protect the affordability, which is perfectly well protected by our existing lien process. Additionally, we found that it causes significant administrative challenges for developers, for their lenders, and for city staff. For these reasons, we are proposing to remove the requirement. Additionally, staff is proposing to adjust the qualification requirements to access this program to increase access to the incentives and reflect the separate market rates of local rental and home ownership markets. We've got a visual for this on the next slide to dig in a little bit deeper on all of these items. First, across the board, we are proposing to remove those scaling qualifications to access more incentives. Instead, setting 15% of all of your units being affordable as a threshold to access any number of incentives that might improve the project. On the rental side, we're looking to reduce the target income thresholds to be entirely affordable for Denton, meaning entirely below Denton's market rate. On the home ownership side, we're actually looking to increase the target income threshold to only include 80% AMI, as that is still below Denton's market rate, and it increases the financial feasibility to actually construct affordable home ownership opportunities. Additionally, we are looking to align the affordability period specifically for home ownership projects to existing programs that already encourage affordable home ownership, so decreasing it from 30 years to five years. So this is a visual on top of the screen. We have what currently exists in today's DDC. As you can see, to access three or fewer incentives, a threshold amount of 20% of the units in a project being affordable is the threshold to qualify. There are subcategories within that. 5% of the total units need to be set aside for residents who are extremely low income, meaning they're living below 30% of the area median income. 10% need to be set aside for households at very low income, which is 50% of the area median income, or AMI. And then an additional 5% need to be set aside for households that are low to moderate income, meaning 80% of the AMI or below. If a developer wants to access more incentives, they need to scale up the amount of affordability that is provided, all the way up to a maximum of 65% as the requirement for affordability, if they want to access up to all nine of the incentives, in theory. This table does not differentiate between rental or homeownership, and additionally, it sets the duration of affordability as 30 years across the board. As a few notes on this, we actually have not received any applications requesting more than three incentives, so even actually some of our applicants who would have qualified for as many incentives as they liked found that only two or three actually made sense for their project at a time, and so we have not seen a higher usage beyond that. Additionally, the community services team did conduct a work session with city council last fall regarding our housing tax credit program in which we looked at our market rates and saw that actually, especially on the rental side, units that were set for households that were low to moderate income at that 80% rate typically fell above Denton's market rate, and so our residents actually weren't receiving a rental reduction from those units and those qualifications. We're going across the board in our programs making sure that when we set a rental reduction, or when we set a qualification for a program, it actually provides a cost reduction to our residents. For these reasons, yeah, I think that's everything, for these reasons we are looking to propose the following changes. So on the rental side, we're going to maintain, we're proposing to maintain that 5% of homes for extremely low income households and 10% of homes for very low income households, but eliminating that 5% of homes for low to moderate income households that was not providing a cost reduction for residents. On the homeownership side, we're looking to bring up those affordability qualifications to 15% total at the low to moderate income threshold, which is entirely still below market rate, especially when we consider that all of these homes are going to be new construction builds. So it's still providing a reduction from our typical sales prices that we see, but it allows for a little bit more feasibility, hopefully help this program get used by these developments. We are also proposing to bring that down to five years, which aligns it with other existing affordable homeownership programs, such as our home buyer assistance program and the federal home improvements program, and also just prevents the situation where a debt in resident has a 30-year city lien on their homestead, preventing them from moving in if they should need to. Lastly here, staff is proposing to clarify the affordability qualifications for developments that have fewer. We are qualifying these developments in increments of 5%, which can be difficult for staff to uniformly apply when a development is three single-family homes. So we want to make sure that these requirements are clear and standard and easy to interpret. Additionally, in the year that this program has existed, it has shown some early promise in being able to help get these smaller infill developments built on maybe these weird lots under the existing DDC without needing to go through the plan development process. So we want to preserve that and encourage that. Staff are proposing two new rules to make sure that the rules are clear and accessible to small projects. First, four projects with nine or fewer homes. Staff is proposing to qualify that by one unit at the highest applicable income level. As a reminder, that would be 50% AMI for rental or 80% AMI for home ownership. And then for projects with between 10 and 19 units, staff would qualify that by a minimum of 15% of the units overall, but at the highest applicable income level rather than including units at lower income categories. So for example, a rental development with 19 units total would need to include three affordable units, which would be 16% of their total. But all three could be at 50% AMI rather than two at 50% and one at 30%. That is all the amendments that we have proposed. Options today are to recommend approval of the Denton Development Code text amendments as presented, recommend approval of the proposed amendments with conditions, recommend denial, or postpone to a date certain to allow for further deliberation. Staff does recommend approval of the amendment as the purpose of this amendment really is to increase housing access in Denton. And the ordinance does meet the criteria for code amendments outlined in DDC Section 274D. Thanks so much for your time. What questions can I answer? Thank you, Lea. I will open the public hearing at this time so I don't forget. Any questions of staff? Commissioner Ketchur said. So we've had five people use... Six have applied so far. Six have applied. How many of those would have built with us anyway? This is to encourage outside development, basically, right? Sure. So, just clarifying, we're asking how many of these were already participating in affordability programs? Well, right, or like, you know, four of them were low housing income tax credits. So, were they going to try that anyway? And they just were able to get other incentives because of this? Yeah, so we've had six apply so far. What we're doing is addressing pain points that we've seen so far, both from those who have actually executed these contracts and those who are applying to try to make it easier to access and hopefully encourage further and future housing tax credit projects and other multifamily and single family projects. So we're hoping for, like, word of mouth on the ones that we've had already. Yeah, essentially, and then also additionally, staff does attend pre-application conferences and things like that to help make sure that word gets out about the program. Right. I feel like it could be a little more aggressive, actually, in pulling in other developers for that. That was my question, really. Okay. Lea, I think, I'm not sure what schedule it's on, but there is a developer town hall periodic meeting, is that correct? Is this something we've shared with that community at that forum before? Not this amendment specifically. We have brought the program overall a few different times, a few before it was approved and then a few after it was approved. But not this amendment specifically. So we would imagine doing a similar thing, giving them an update if council goes through and approves this? We certainly could. Okay. Yeah. Commissioner Dyer? I'm going to assume that there is a waiting list for individuals that need housing like this. Do you know, like, how long that waiting list is? So I can speak a little bit. There is not a universal one, because a lot of these are independently operated. The housing authority's waitlist right now, I believe, I just read recently, was about five years long for their voucher program, specifically. So we do know that these waitlists, especially for extremely low income households, tend to span several years. Okay. Thank you. Yeah. Commissioner I'm just off tonight. I'm sorry. Commissioner McDuffie? There you go. I just wanted for the record and for the public hearing, there were some concerns in our work session that this document did not go through the development code review committee. So I'm saying that for the record for the public hearing. And there were also questions, concerns of why we deleted the right of first refusal requirement. Did you discuss that? Yes. Okay. I guess just a couple small things as we consider ways going forward. First, thank you very much for bringing this back. I've said many times that this is never done, right? Things change, economies change, how much land there is in the city changes, et cetera. And so this is the type of thing that we need to be revisiting periodically. So thank you for doing that. I noticed on the little bar chart that you had that it looked like the home ownership opportunities took advantage of parking and lot area. Is it a fair assessment of that to say that if we want more smaller, affordable home ownership opportunities, whether or not they're subsidized or not, that minimum lot size is a big barrier to seeing those be built in the city? Yeah, I will say of the two applications that we've seen, both of which are infill and are supported by some other program as well, we have seen that the lot area reduction has had a big impact on the project, specifically in what they're able to fit there and what they're able to make work. OK, thank you. Is a public hearing? I don't see anyone coming down, so I will close the public hearing. I guess just one more point. The I think when we passed this a year and a half ago-ish, there was some discussion in the future perhaps of looking at additional zoning categories that we could open up for affordable developments. I think maybe in the context of the SB 840 discussion that we already have on the matrix, I'd like to see an update on whether that sort of incentive would be possible in the future as we continue to refine this in the future. Yeah, we'll continue to coordinate with planning. OK, thank you. Commissioner Kutcher said. I would like to motion to approve the updates. Commissioner Riggs? Yeah, I just want to say thank you for going into each one of those details and I'll second. Any discussion? Not seeing any. I'll call for a vote on the board. That item passes 5-0. And brings us to our planning and zoning matrix. Just a couple of updates for you all in terms of council action that's occurred on items that have come before you. We did have the specific use permit for the outdoor storage that was on the lot west of I-35 near one of the concrete batch plants that was approved by council at their May 3rd meeting. And I see that he has left the room, which is unfortunate, but I did want to let you all know that we were able to promote Sean, the senior planner. So if you see him, give him a hearty congratulations for a well-deserved promotion. Very, very well-deserved congratulations. I think I got here maybe two, two and a half years or so after Sean started. And I've seen him really take the reins and you know, the one thing I've seen with Sean's projects is that there's never any surprises because he's always done such a good job at interacting with the community and the applicant and everybody on the front end. So well-deserved. Any items for the matrix? Questions? Commissioner McTuff? Yes, I'd like to just to note that my agenda item is number four and is still on here. So we'll want to look at that. But I also have an addition that I'd like to bring forward and that is just from looking at the what our proposal of the data center project that we just approved, but also considerable conversation in social media and just in the community. So if we could add on there and you'll need to wardsmith this, Chair Pruitt, but rules and regulations, guidelines for data centers in the city of Denton. Are you looking for something expository about what presently exists? Well, that would be part of it, yes, certainly. What other parts are you talking about? Well, I think that that's a good start. Rules and regulations, what currently exists. I'll make a slight suggestion. Please. And especially since you mentioned the public conversation which has taken place over this, I think maybe it would also help to have a DME representative at that work session to explain what safeguards we have from a DME perspective, as well as what requirements we have given the Texas PUC and ERCOT to serve those loads that, you know, given the land use control that we have, just so that that whole picture can be on the table. Commissioner Riggs? Along those lines, I think we should also talk about the amount of water that's required. I know some of the technologies recycle water, but it would be good to have that conversation as well. Yes, I think our work sessions are very helpful on these items from an educational basis, certainly, and from conversation. Very good. At the risk of putting two things on the matrix in one night, but I hope this one will come as a help for staff at least long term. One thing I see as we launch into the comprehensive plan update and things going forward, is that we continue to have a lot of growth and development pressure and our staff is doing an amazing job managing all that. And I really want to hear some ideas from staff on what we can do so that staff time is so that the normal everyday things, right, processing of applications, plats, et cetera, can be done in less time so that they'll have more time to devote to some of the public engagement to the comp plan coming up. You know, we've been under this shot clock per view on plats for several years now and that's one item that I imagine, you know, had a parade of people here tonight who didn't go home to their families at a normal time when maybe that would have helped. So I don't know what the right answer is there, but if we could just kind of understand what, not just limited to plats, but also what ideas staff may have that we can help staff be more efficient and be able to have time to do those things that we really care about long term. Anything else for the matrix? Brings us to concluding items. Anyone have concluding items? Okay. I don't see any. And with that, at 7.13 PM, I will call this meeting to a close without objection.
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