WEBVTT

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 Hello and welcome to the City of Denton planning and zoning meeting for

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 Wednesday November 20th. This is our work session and with a quorum present I

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 will call us to order at 5 o 7 p.m. Let it be noted that chair Roselle is

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 absent from tonight's meeting and at this time Commissioner Smith is absent.

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 To clarify agenda public hearing item B is being pulled from tonight's agenda so

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 we will not be considering that today. It will be re-noticed and most likely on

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 the December 11th December 11th meeting. Now let's get into our agenda we don't

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 have any work session reports so we will go to consent agenda. Any questions on

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 consent? Yeah so I know on the consent agenda there's the two properties north

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 of North Lakes. I have a couple of questions about those. Let's take one

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 at a time because they might be different people. Okay so Haley I think

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 you've got the first consent. Well they're sort of both the same question so

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 I'm just gonna have Julie if you wouldn't mind listening in as well and

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 and both of these questions relate and I think to the the properties and

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 distances regarding setbacks for these properties and there's a caveat to that

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 which is in light of last night's vote so this actually might be more of a

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 question for Cynthia but and what are the distances for this apartment complex

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 and for the school and I know that unfortunately that's two different

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 people but that's essentially the same question. What are the what are the

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 distances to the building especially vis-a-vis the 250 and as of last night 500

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 but realizing that we have different criteria for when rules are applied so I

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 mean what are what are the implications of all that together for these two

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 properties? So both of these flats do reflect compliance with the 250 foot

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 reverse setback that was in place at the time of their application. Last night's

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 vote although the ordinance was approved there is a 14-day lag time between

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 adoption of an ordinance and its effective date so that will go into full

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 effect 14 days from last night and I believe there was a clause written into

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 the ordinance for projects that are in the queue currently to remain under the

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 code that they started under so anything that was currently under review with

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 staff would be able to stay with the 250 foot reverse setback to the

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 completion of that project. For the A2 option that was discussed last night or

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 elsewhere in the code? That was in the ordinance itself. Okay. There was a clause

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 in there but and Cynthia I don't know if you have anything else to add on that I

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 think that was the just of that one clause in the ordinance? No, that's correct.

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 Okay. And do we that the they're with they're outside the 250 for the proposed

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 plan for construction of these buildings and I mean this is I think especially

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 Jermaine because we're just we would discuss this last night I know it's 14

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 days and if it was just something weird like a sign or something where it it's a

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 rule change but it's inconsequential I'd be I wouldn't be so pushy but we're the

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 reason there was a rule changes this is a noxious use and so I'm concerned about

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 residences and children. Certainly and both projects are meeting the 250 foot

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 reverse setback. For their proposed building constructions? Correct. And are

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 they outside the 500? I'm not certain on the school the buildings may be on the

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 school I can let Julie speak to that those are separate applications though

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 from the plot the plots reflect the 250 foot setback the multifamily I don't

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 recall the exact numbers off the top of my head they have an agreement with the

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 operator that was part of their specific use permit last year and their setbacks

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 are a little bit higher than the 250 I just don't know the exact number I think

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 it was in the range of three to four hundred feet to the buildings but but

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 they they meet or exceed the 250 foot requirement. And this is now maybe it's

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 still following on but this may be a more of a question for does this mean

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 that we are creating before construction a legally non-conforming structure which

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 seems like we're trying to minimize that and yet we're we're doing it on purpose

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 here. Well in the ordinance as Haley mentioned in section three of the

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 ordinance that was approved last night it does call out those plats that were

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 submitted before the ordinance was approved and those don't have to comply

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 with the new setback. And I just want to caution that the gas well ordinance is

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 not on the agenda for this evening's meeting. Yeah no I'm not I'm not

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 discussing the the actual ordinance itself I'm this is particularly just the

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 setbacks and these particular plats but thank you for your caution.

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 And we don't have any again this I guess a legal question we don't have any

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 special consideration for the types of use there's no difference in a noxious

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 use in any other kind of use. Because I'm concerned about future liability issues

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 to be honest not only the health of the children but then financially liability

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 issues if we find that we're within the 500 and we knew we did it before we

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 allowed construction. Again the gas well setback is not on the agenda for this

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 evening.

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 It's not germane to this problem even though the setback is from the gas wells.

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 These plats meet the technical requirements of the code though in

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 state law does obligate the Planning and Zoning Commission to approve plats that

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 meet the code. All right thank you. Commissioner Pernau. This is the same line

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 of questioning I just kind of wanted to verify if you could check before we

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 present on this one if I remember correctly the we were looking at 250 feet

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 from the edge of the pad and at the time of the you know the actual active well

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 and everything was 450 feet when we discussed it that time we talked about

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 the idea that if they were ever to drill you know if they were ever to like you

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 know open up close farther on the pad closer to the house closer to the

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 property is that the well owners would would basically have to submit a request

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 to the city to get approval on that one correct so so based on and I don't want

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 to make you know I don't want to make the setbacks the part of the question I

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 just want to ask so based on what we what we're at right now if they were to

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 attempt that basically our existing setbacks would would prevent that right

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 and I believe you're referencing the specific use permit for this site we

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 looked at the pad site to the east of there that may expand in the future yes

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 so when and if that pad site is the operator seeks to expand that site they

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 would have to come in they're located in a floodplain so they have enhanced

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 scrutiny on that site they would actually require a specific use permit a

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 watershed protection permit they would have to obtain waivers from all of the

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 protected use owners that are within their required setback which would be

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 500 feet in this instance because they're an existing pad in a non

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 industrial district so everyone within that 500 foot radius would have to sign

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 a waiver and then they would have to get through those additional steps the the

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 watershed protection permit SUP and then the gas well site plan process okay thank

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 you very much anybody else on this one okay thanks

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 hey Julie I did have a quick question on the high school plot thank you I saw a

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 note on there that I guess prior to final plant we need an AESA on there is

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 that correct if they were going to impact the alternate the ESA right now

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 their plans are not proposing to impact the ESA so that okay so it's not right

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 now it's going to be out of it if they did okay if their site plan did change

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 and they they were going to impact it then yes prior to final plot they would

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 have to get okay but it is not anything that's being done now no that's what I

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 wanted to clarify thank you anybody else on that one okay items for individual

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 consideration we do have a general development plan that is recommended for

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 denial that is Haley again so you don't see these very often but this is a

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 general development plan which I like to think of kind of the pre-preliminary

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 plat for larger projects that want to do a little enhanced planning on the front

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 end so this particular GDP is for the same site that we have the rezoning to

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 plan development request later this evening this application came in almost

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 concurrently with that plan development rezoning and it was just a little bit

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 ahead of the curve and because the site does not have that zoning in place yet

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 this general development plan cannot be approved until that zoning is approved

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 if the zoning is approved so this item is before you tonight because of the

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 shot clock bill that requires that within so many days of it being submitted that

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 it be brought forward for approval denial so staff is recommending denial

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 solely because it does not have that zoning in place yet to allow this lot

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 size and density of housing Commissioner Smith thank you chair if we'd recommend

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 the denial then does it does this then continue on to to City Council for that

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 or they have to withdraw and reapply if the zoning does pass those kinds of

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 things what's the what's the denial process in regards I get the shot clock

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 reasoning but what's the process from here on out certainly so the GDP is a

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 planning and zoning Commission approval so if you were tonight it's like yes it

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 will come back before you the process should ultimately be their zoning goes

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 through council if it is approved then they would submit this plan back to staff

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 and say you put it on your next agenda we have 15 days to get it back to you

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 all for you to reconsider and approve at that time if the zoning is in place not

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 to belabor why why do we do GPs again this is the first time I've ever seen

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 one three years up in here so GDP is what do we have them what do we use them

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 for well it's no longer a process that's in the 2019 code this project came in

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 under the old code before that October 1st effective date of the 2019 well

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 they come back up within whenever they get denied and they come back in then

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 they'll have to come back underneath in the 2019 code then because my

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 understanding is because the way state law is written they can stay under that

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 code because they have the opportunity to take whatever time they need to get

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 the plan into compliance with whatever we the findings were for denial and then

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 if they meet those they can come back in and continue forward and then the GDP

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 is just for more advanced pre planning essentially pre essentially it was a

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 tool in the O2 code like I said pre preliminary plat just to give you know an

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 additional high-level look at utilities street layout and things like that just

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 to allow that extra level of planning Haley along that line of thinking so if

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 they're applying for rezoning for a zoning designation in our new code how

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 is it that we're then still going to be looking at it from the old code it does

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 seem like we've this project is being looked at from from both codes and it's

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 it's confusing to me of how we could be on the old code if we're actually dealing

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 with a zoning designation that didn't exist in the old code correct and I

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 certainly understand that their zoning application actually initially came in

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 for districts under the O2 code it fell within this transitional period where we

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 could not notice for a rezoning under the code that was no longer in effect

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 after October 1 so we worked with the applicant to create the best tool to get

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 them the same end result and that turned out to be the plan development in the new

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 DDC so there are the overall intent is to comply with the 2019 code there are

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 certain facets of the O2 code that they are vested in the GDP was already in

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 process so we elected to allow that to continue forward because like I said

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 it's essentially a preliminary plat just a little bit less detail but

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 particularly the tree preservation requirements will be looked at under the

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 2002 code because chapter 245 of the local government code specifically

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 allows that to be vested in so based on their date of application they have the

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 ability to pick and choose essentially components of each code since we were in

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 that transitional period okay so yeah I guess that's where my question was going

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 so they can yes certain elements under 245 different pieces can be pulled from

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 the old code they had the choice between which which of those they wanted to go

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 with so tree preservation is essentially the only code element that is from the

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 O2 code everything else they're intending to meet the 2019 code through

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 the PD process and then like I said the GDP was just their existing application

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 it was the first thing in the door so under the shot clock bill we needed to

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 let that continue forward but that process won't exist in the future for

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 other projects okay I may have more when we revisit this item

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 Commissioner Beck yeah so can you remind me of the difference between the tree

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 code in the two different versions I do have some more detail on that in the PD

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 presentation but essentially everything was different different types of tree

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 classifications different minimum preservation requirements for the trees

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 are you gonna go over that I do have more detail on that in the PD presentation

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 for later so then I'll hold my questions till then okay thank you Haley okay

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 moving on to our public hearing items our first is a final replat and that is

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 marked

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 good evening my name is Mark Laird I'm a planner in the development service

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 department this evening I have for your consideration the replat of the Golden

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 Triangle edition and I stand for any questions that you have I assume this is

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 just for redevelopment of them all right I believe so yeah okay thank you oh I'm

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 sorry Commissioner we're not tearing down them all right no sir okay thanks all righty thank you okay

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 item B is being pulled as I had said Commissioner Smith for your unification

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 since you're a little bit late item B of our public hearing is being pulled and

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 renoticed for our December 11th meeting okay item C is Julie

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 all right good evening I'm Julie Wyatt and I'm presenting S 19 3 Oxford at

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 Sherman the request before you is to consider a specific use permit for a

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 multifamily development the subject property is about 12 acres it is

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 currently undeveloped and it is situated between loop 288 to the north and

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 poinsettia Boulevard to the south some background on the property in 2002 the

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 property was zoned CMG during the citywide rezoning in 2019 it transitioned

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 to SC due to the submittal timing this is another one of those it's in that

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 transition between the 2002 code and the 2019 code the property is or the project

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 is subject to the 2002 Denton development code regulations but

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 multifamily work dwellings require an SUP in both the CMG which was the previous

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 zoning and the current zoning of SC so here's the subject property right here

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 outlined in black you can see that SC zoning just to take a look at what the

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 surrounding zoning pattern is there's r7 to the south at the townhome

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 development at r6 just a little further south than that adjacent to it to the

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 east is an r4 subdivision currently under construction there are there's a

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 multifamily development in MN to the west of the property and the property

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 that is kind of to the northwest of the subject site is currently undeveloped

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 but commercial development will be developed in the near future at that

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 location the SUP criteria for approval and in the 2002 Denton development code

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 is in sub chapter 6 I won't read all of these to you they're in your backup as

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 well as the code we'll just go over some of the highlights of that analysis and

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 that that criteria for approval in more detail so first of all we always look at

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 the Denton plan 2030 when we when we start analyzing a proposal in this case

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 the future land use is community mixed use the intent of that is to provide a

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 mix of uses more commercial service and then some more high density development

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 or residential uses and to complement the commercial center so really to to

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 encourage a diversity of use to to have a more dynamic development pattern in

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 these areas multifamily is consistent with the future land use map once again

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 first of all it is a complementary residential use for mixed use districts

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 it's often found in mixed use districts and within that larger future land use

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 designation there are variations and in this instance because it's really close

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 to a residential area a residential use like multifamily would maintain that

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 residential character along that edge where those where the the residential

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 of us that that mixed use center I you all seen this slide before the dent plan

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 2030 also talks about the growth projections for Denton and that by 2030

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 our our projected population will be a little over 200,000 people in order to

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 accommodate all those of those residents there will need to be new housing units

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 and as part of that multifamily multifamily is an appropriate use and

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 is something we want to see and kind of our urbanized areas and in those

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 strategic locations next to arterials places like loop 288 where there's

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 proximity to existing residential also schools and shopping so so this this

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 this area is really consistent with what the comp plan calls for to look a little

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 more specifically about what they're proposing want to talk about the site

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 plan so the the site is kind of a triangular shape if they are proposing

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 eight three-story buildings and those are outlined in purple the proposal is

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 oriented toward loop 288 so the main entrance to the development would be off

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 of loop 288 they are proposing three access points with controlled access the

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 full in and out access adjacent to loop 288 and then two exit only points one

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 to the adjacent future commercial development that would be the most

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 direct access to FM 428 to Sherman Drive and then another exit only point on to

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 point study up they are proposing a community pool with a clubhouse also

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 some open space areas one that would include a fire pit and and outdoor

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 eating also proposing a dog park in this location that would be controlled access

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 for the dogs excuse me Julie commissioner Bernetta yeah I just have a

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 question when I'm looking at the aerial map and the you know the notification and

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 response map it includes the the yellow outline includes that little section that

00:21:30.880 --> 00:21:36.560
 goes out to Sherman yes the notification got a little overzealous it actually was

00:21:36.560 --> 00:21:42.100
 over notified okay so yes there the little the notification map included

00:21:42.100 --> 00:21:46.880
 this little section here which was in addition to the subject property so in

00:21:46.880 --> 00:21:51.800
 the actual subject property is just that part outlined in yellow okay so we're

00:21:51.800 --> 00:21:55.040
 voting we're just going on that spot right correct yes sir thank you very

00:21:55.040 --> 00:22:01.440
 much there is there are additional open a meaningful open space areas one here

00:22:01.440 --> 00:22:05.840
 adjacent to that single-family neighborhood kind of separating this

00:22:05.840 --> 00:22:10.840
 residential building from from that that single-family lot and then and then in

00:22:10.840 --> 00:22:15.520
 this location they're also proposing some one-story garages those are

00:22:15.520 --> 00:22:19.640
 outlined in yellow and you can see that they're a lot of those are centered on

00:22:19.640 --> 00:22:24.400
 on adjacent to poinsettia to allow that sort of visual buffer to set those

00:22:24.400 --> 00:22:28.120
 residential backs that the the taller residential buildings back a little

00:22:28.120 --> 00:22:34.320
 further from the existing development that the three-story residential buildings

00:22:34.320 --> 00:22:40.520
 are set back a minimum of 101 feet from the south property line and then about

00:22:40.520 --> 00:22:45.120
 49 feet from the east property line and the proposal does meet the the minimum

00:22:45.120 --> 00:22:51.520
 parking regulations the landscape plan shows that they are proposing 163 new

00:22:51.520 --> 00:22:56.760
 large canopy trees at maturity that would be about 200,000 square feet of

00:22:56.760 --> 00:23:03.840
 canopy as as part of that they're proposing 47 large canopy trees along

00:23:03.840 --> 00:23:08.080
 the southern edge and that is in addition to the required 24 street trees

00:23:08.080 --> 00:23:11.040
 those are actually medium canopy trees those are a little smaller they're

00:23:11.040 --> 00:23:14.560
 proposing some additional large canopy trees to make sure there's that visual

00:23:14.560 --> 00:23:19.440
 buffer between the existing residential and the proposal there's also as I

00:23:19.440 --> 00:23:23.600
 mentioned that open space area adjacent to between the development and that

00:23:23.600 --> 00:23:30.040
 adjacent single-family lot and that would include a landscape buffer that's

00:23:30.040 --> 00:23:36.240
 required for the code I'm sure Commissioner back so on that regard and

00:23:36.240 --> 00:23:40.120
 you can use this map or the other map but I noticed one of the conflicts that

00:23:40.120 --> 00:23:45.120
 you had was trees and I don't know if you're gonna address that but are there

00:23:45.120 --> 00:23:50.840
 there's no ways of attaining the standard since I believe you said they

00:23:50.840 --> 00:23:55.600
 were below the standard for trees no they actually meet not only the 2002

00:23:55.600 --> 00:24:01.120
 tree code requirements they actually meet the 2019 requirements a lot of the

00:24:01.120 --> 00:24:05.040
 trees on the site were kind of fence line trees most of them were secondary

00:24:05.040 --> 00:24:10.520
 trees and they actually meet both both codes on that my mistake thank you but a

00:24:10.520 --> 00:24:13.800
 lot but tree preservation is important in this line because a lot of their

00:24:13.800 --> 00:24:16.760
 preserved trees are these fence line trees that are existing right here so

00:24:16.760 --> 00:24:20.720
 they're maintaining those existing trees to provide that that good buffer between

00:24:20.720 --> 00:24:25.320
 them and the single-family residential there is a perimeter fence around the

00:24:25.320 --> 00:24:28.920
 subject property it's going to be a combination if approved of ornamental

00:24:28.920 --> 00:24:34.360
 metal board-on-board cedar and masonry columns and one place I want you to zoom

00:24:34.360 --> 00:24:39.200
 into is that the the property line adjacent to poinsettia they are

00:24:39.200 --> 00:24:43.680
 proposing board-on-board cedar fence with recesses and projections and it's

00:24:43.680 --> 00:24:49.080
 a little hard to see but the the fence actually kind of goes in and out to

00:24:49.080 --> 00:24:54.000
 allow landscaping planting areas I mean to break up kind of the monotony of a

00:24:54.000 --> 00:24:58.320
 really long fence and although we really like that visual interest we do have

00:24:58.320 --> 00:25:01.480
 concerns about the durability of those materials and so staff is actually

00:25:01.480 --> 00:25:06.880
 recommending a condition that that fence either be a wrought iron with with a a

00:25:06.880 --> 00:25:16.640
 evergreen shrub a screening device along that that perimeter or a masonry wall

00:25:16.640 --> 00:25:21.040
 here are their sample elevations and this this one shows a little bit better

00:25:21.040 --> 00:25:25.800
 about what they're proposing for that south fence line but they are proposing

00:25:25.800 --> 00:25:30.600
 three-story buildings with a neutral color palette balconies or patios are in

00:25:30.600 --> 00:25:36.400
 100% of their units awnings decorative wall lighting and a variety of recesses

00:25:36.400 --> 00:25:40.960
 and projections are going to provide relief reduce that bulk of those

00:25:40.960 --> 00:25:46.280
 buildings also the appearance of the stairwells those are their appearance is

00:25:46.280 --> 00:25:53.120
 minimized from the exterior of those buildings there is if this is approved

00:25:53.120 --> 00:25:58.160
 there will be another item or another project that will come before you and

00:25:58.160 --> 00:26:02.480
 that's an alternative development plan because it's under the 2002 code there

00:26:02.480 --> 00:26:07.000
 is that alternative development plan a provision that if they need a deviation

00:26:07.000 --> 00:26:12.280
 from one of the subchapter 13 requirements there are two first a

00:26:12.280 --> 00:26:16.280
 project greater than three acres has to have a public or private street system

00:26:16.280 --> 00:26:19.080
 the way they're laying out their buildings and proposing they've actually

00:26:19.080 --> 00:26:24.040
 got tuck under garages and all of their buildings so it kind of breaks up that

00:26:24.040 --> 00:26:29.440
 long private street system so they would need an alternative development plan to

00:26:29.440 --> 00:26:36.440
 deviate from that provision and then also the code prohibits garages between

00:26:36.440 --> 00:26:41.680
 the the buildings and the street in this instance the garage is really work in in

00:26:41.680 --> 00:26:45.720
 in order to set those residential buildings back to have those one-story

00:26:45.720 --> 00:26:50.000
 buildings closer to that existing neighborhood so the proposal does meet

00:26:50.000 --> 00:26:53.920
 the requirements for an ADP it'll come back before you if this is approved by

00:26:53.920 --> 00:27:01.360
 it by City Council a TIA was submitted and approved as a as a part of this

00:27:01.360 --> 00:27:07.320
 request as part of it they did provide trip generation there there their

00:27:07.320 --> 00:27:13.680
 estimates show that there would be about 1,800 trips generated per 24-hour weekday

00:27:13.680 --> 00:27:19.000
 and that would be 113 in the morning peak and then 133 in the evening peak

00:27:19.000 --> 00:27:22.920
 they also as part of the TIA looked at sort of the total build out of that

00:27:22.920 --> 00:27:27.360
 corner once that commercial piece comes in their estimate is that it would be

00:27:27.360 --> 00:27:35.480
 about 3,600 trips per day Julie on that note I know it it was mentioned in there

00:27:35.480 --> 00:27:39.880
 that they took into consideration the future commercial development in the

00:27:39.880 --> 00:27:45.800
 existing homes what about the single-family developments that are

00:27:45.800 --> 00:27:50.520
 effectively on both sides of the development were those considered at all

00:27:50.520 --> 00:27:55.560
 I believe it was all considered as part of it they actually sort of melded a lot

00:27:55.560 --> 00:28:01.320
 of the data because the Harvest Hill all of the data from the Harvest Hill

00:28:01.320 --> 00:28:05.960
 subdivision and the trips generated from that also the TIA that was prepared for

00:28:05.960 --> 00:28:11.400
 the palladium development that adjacent multifamily development and sort of took

00:28:11.400 --> 00:28:16.320
 all of that into consideration when they were developing this got a new

00:28:16.320 --> 00:28:22.480
 development on the other side of 428 the J the development actually they did

00:28:22.480 --> 00:28:27.880
 because poinsettia is actually going to punch across FM 428 so if you look at a

00:28:27.880 --> 00:28:41.840
 map and that is part of their analysis of that of that so this is not a road

00:28:41.840 --> 00:28:46.560
 yet but it it will if it's not yet we may have really old aerial but I don't

00:28:46.560 --> 00:28:51.360
 think it's a road yet but this is actually going to punch across and and

00:28:51.360 --> 00:28:55.920
 part of their analysis of this intersection of poinsettia and FM 428

00:28:55.920 --> 00:29:01.440
 took into account that that that movement across that intersection and in

00:29:01.440 --> 00:29:07.920
 fact their their analysis by their analysis they feel that once all of this

00:29:07.920 --> 00:29:13.520
 is kind of developed that that the the intersection of poinsettia and Sherman FM

00:29:13.520 --> 00:29:18.960
 428 will meet the warrants for a signal oh there's no question yeah okay so so

00:29:18.960 --> 00:29:23.240
 it really it was considered as part of it the single-family homes that are

00:29:23.240 --> 00:29:26.040
 going in on that corner yeah the whole development because this is

00:29:26.040 --> 00:29:29.080
 actually supposed to be commercial as well so there's gonna be a lot going on

00:29:29.080 --> 00:29:36.640
 in this in this area completely agree okay thanks but that was a great segue

00:29:36.640 --> 00:29:40.600
 into talking about intersections so their TIA's it's been a lot of time

00:29:40.600 --> 00:29:45.920
 talking about those intersections first was well first a little bit of

00:29:45.920 --> 00:29:54.000
 background so they're given a grade a to F depending on the delay that that

00:29:54.000 --> 00:29:59.080
 drivers experience at those intersections a being the least amount of delay like

00:29:59.080 --> 00:30:04.480
 10 seconds or less I believe and then F being a substantial delay 50 seconds or

00:30:04.480 --> 00:30:13.560
 more so in their analysis of loop FM or loop 288 in FM 428 you know that that

00:30:13.560 --> 00:30:16.800
 intersection because it's a pretty complicated intersection but it ran the

00:30:16.800 --> 00:30:23.600
 gamut from a to F the the the straight going traffic on FM 428 was the most

00:30:23.600 --> 00:30:28.960
 free-flowing but then those those cars exiting the the loop and having any

00:30:28.960 --> 00:30:33.800
 left-turn movements really had substantial delays I believe up until

00:30:33.800 --> 00:30:38.720
 four minutes of delays so so that that intersection currently meets the

00:30:38.720 --> 00:30:42.120
 warrants for signal I talked to engineering it is supposed to be

00:30:42.120 --> 00:30:47.120
 installed within the next six to eight months they they know that this is a

00:30:47.120 --> 00:30:52.000
 really tough intersection for those residents in that area and so as an

00:30:52.000 --> 00:30:57.320
 interim step they're going to be installing for always stops within in

00:30:57.320 --> 00:31:00.880
 December that I believe the first couple of weeks in December is when they say

00:31:00.880 --> 00:31:04.760
 they're estimated to be installed so so that is forthcoming and that'll be an

00:31:04.760 --> 00:31:10.000
 interim step for that signal and then as you mentioned the FM 428 in Poinsettia

00:31:10.000 --> 00:31:16.880
 that westbound traffic that especially is turning left onto FM 428 Sherman Drive

00:31:16.880 --> 00:31:21.340
 or at some point what could potentially go straight that is that is those

00:31:21.340 --> 00:31:25.320
 drivers are experiencing the most difficult turning movement especially in

00:31:25.320 --> 00:31:30.840
 the morning the evening as it as a interim step the recommendation is to

00:31:30.840 --> 00:31:35.520
 restripe that road to have a dedicated left turn lane and then sort of a

00:31:35.520 --> 00:31:39.660
 bifurcate the left turning movements or the right turning movements who would go

00:31:39.660 --> 00:31:43.960
 north on that road and that will help ease it until until that meets that

00:31:43.960 --> 00:31:48.240
 warrants for the light and when is that planned June it would be with the

00:31:48.240 --> 00:31:51.920
 development of the project yeah it would be the design would happen during

00:31:51.920 --> 00:31:58.160
 platting and development if it was approved Commissioner Beck Sherman 428

00:31:58.160 --> 00:32:02.840
 is that's a text dot road is that correct I believe I believe it is it is

00:32:02.840 --> 00:32:06.640
 text dot outside of the loop if it's still text on inside the loop it should

00:32:06.640 --> 00:32:12.640
 be converting over to the city pretty soon and are we widen widening that to

00:32:12.640 --> 00:32:17.560
 accommodate all the development on either side that are being proposed

00:32:17.560 --> 00:32:26.760
 there's not a plan to do that with inside the loop there are also perimeter

00:32:26.760 --> 00:32:30.960
 street improvements that would be required as if this is approved the

00:32:30.960 --> 00:32:37.520
 developer would would construct kind of a spur off of the off of the entrance

00:32:37.520 --> 00:32:42.480
 ramp for loop 288 connecting down to point study a here to provide that sort

00:32:42.480 --> 00:32:47.400
 of looping circulation pattern so if this was approved there would be a spur

00:32:47.400 --> 00:32:53.200
 sort of the beginnings of the acts of the frontage roads for loop 288 that

00:32:53.200 --> 00:32:57.680
 would be constructed in front of the proposed Julie while we're on the

00:32:57.680 --> 00:33:04.120
 discussion of points Etta it seems to me with that multifamily the palladium that

00:33:04.120 --> 00:33:08.200
 went in did we not have some kind of restriction there that there would be no

00:33:08.200 --> 00:33:13.640
 parking on points Etta I don't know if there is a restriction of no parking it

00:33:13.640 --> 00:33:18.600
 is a gated community there is a they do have a screening wall there I don't know

00:33:18.600 --> 00:33:24.720
 how I remember the discussion I just don't know necessarily what I'm trying

00:33:24.720 --> 00:33:31.040
 to recall I believe I think there was on street parking already existing if I'm

00:33:31.040 --> 00:33:34.080
 trying to I'm trying to recall off memory but what I think we did was we

00:33:34.080 --> 00:33:39.040
 did not permit them to include off-street parking I'm sorry on street

00:33:39.040 --> 00:33:43.080
 parking to count towards meeting their parking requirement but we didn't change

00:33:43.080 --> 00:33:47.400
 anything for point said yeah okay can we maybe Claire can you look that up in

00:33:47.400 --> 00:33:50.320
 between if you have a minute sure I'm just curious I know there's no signage

00:33:50.320 --> 00:33:54.960
 there now for on street but you know it's getting really dense in there right

00:33:54.960 --> 00:34:01.480
 now and filling up fast and so I know that was a conversation we had with the

00:34:01.480 --> 00:34:05.760
 residents about their concern for people parking on the street guests in these

00:34:05.760 --> 00:34:10.520
 multifamilies if they can't find guest parking I know the conversation was had

00:34:10.520 --> 00:34:15.440
 I just don't recall what ended up being approved so what I can find out I

00:34:15.440 --> 00:34:24.320
 appreciate them thanks all right other infrastructure there is a public water

00:34:24.320 --> 00:34:27.680
 and sewer available they would have to extend an eight-inch water line along

00:34:27.680 --> 00:34:33.960
 that north loop 288 the part that they're building that that frontage road

00:34:33.960 --> 00:34:39.920
 Waterworks Park is pretty near the proposal but it is still about 3,500

00:34:39.920 --> 00:34:44.680
 linear feet from the subject property and the sidewalks not not always there

00:34:44.680 --> 00:34:49.560
 so the applicant is proposing some on-site recreational amenities we talked

00:34:49.560 --> 00:34:56.080
 about on the pool dog park and open space they would have to comply with all park

00:34:56.080 --> 00:35:01.040
 dedication and development fees when they when they would final plat or and

00:35:01.040 --> 00:35:06.040
 pull any building permits it is within the Wilson elementary Strickland middle

00:35:06.040 --> 00:35:12.680
 school and Ryan high school attendance zones according to DISD the amount of

00:35:12.680 --> 00:35:17.600
 elementary students would would stress the capacity at Wilson elementary but

00:35:17.600 --> 00:35:21.240
 Strickland and Ryan have the capacity for additional students Wilson elementary

00:35:21.240 --> 00:35:24.960
 is also being is about to be reconstructed as well so there's a lot

00:35:24.960 --> 00:35:28.640
 kind of going on in that area so Julie with regard to that because we have this

00:35:28.640 --> 00:35:31.800
 issue on another development we're going to be talking about about how we don't

00:35:31.800 --> 00:35:38.600
 have the capacity in the existing zoned elementary school so how does the city

00:35:38.600 --> 00:35:45.640
 consider that when when examining a project like this we look at all factors

00:35:45.640 --> 00:35:49.640
 associated with it and it kind of and especially in this one because there are

00:35:49.640 --> 00:35:56.220
 improvements coming to that Wilson elementary but you know it's one factor

00:35:56.220 --> 00:36:02.000
 we look at as sort of the myriad of criteria for approval so you know it does

00:36:02.000 --> 00:36:06.960
 and and when DISD comes to you and says it would stress capacity or for this

00:36:06.960 --> 00:36:13.400
 other development that we're going to discuss they'd have to be rezoned do you

00:36:13.400 --> 00:36:18.680
 work in collaboration I mean how how how is DISD gonna accommodate these kids we

00:36:18.680 --> 00:36:22.140
 do try to work in collaboration with them to let them know what's coming so

00:36:22.140 --> 00:36:26.520
 that as they plan for the future they can make sure that they have you know

00:36:26.520 --> 00:36:33.840
 adequate facilities so we're pretty in constant contact with those things get

00:36:33.840 --> 00:36:37.720
 approved and if things get rolling the communication will be such so things can

00:36:37.720 --> 00:36:43.760
 be drawn accordingly okay mr. Beck so I'm not exact same same issue it was a

00:36:43.760 --> 00:36:48.760
 little unclear is are they stressing the existing pre-construction Wilson or the

00:36:48.760 --> 00:36:55.520
 stressing the post-construction Wilson you know it he wasn't really clear on

00:36:55.520 --> 00:36:59.440
 which one it was but I know they are right in the middle of the the

00:36:59.440 --> 00:37:03.900
 reconstruction of the entire building so you know as part of their planning

00:37:03.900 --> 00:37:08.040
 process they're they're looking at all of them are our properties in those

00:37:08.040 --> 00:37:11.520
 projects that are coming forward

00:37:14.040 --> 00:37:20.280
 all right public outreach was done for the proposal it did have the are required

00:37:20.280 --> 00:37:28.200
 notifications we have received two letters in opposition neither of those

00:37:28.200 --> 00:37:32.160
 were are within the 200 foot boundary from the subject property and one

00:37:32.160 --> 00:37:37.520
 letter in favor that is within 200 feet it's about in this location they did

00:37:37.520 --> 00:37:42.240
 have a neighborhood meeting over in July I wasn't able to attend there was a

00:37:42.240 --> 00:37:46.280
 conflict but and we did ask him to hold in another neighborhood meeting but they

00:37:46.280 --> 00:37:50.320
 they did decline to have that Julie did you get any information from them

00:37:50.320 --> 00:37:53.960
 regarding what was transpired at the meeting there were only five who showed

00:37:53.960 --> 00:37:57.400
 up and they you know according to the applicant there really wasn't a lot of

00:37:57.400 --> 00:38:04.640
 concern with it with with the proposal so and that seems to be consistent with

00:38:04.640 --> 00:38:07.400
 what I've heard because they just haven't heard a lot from from the

00:38:07.400 --> 00:38:13.440
 residents around there so based upon the criteria for approval staff does

00:38:13.440 --> 00:38:19.040
 recommend approval our recommendation includes a sort of listing of what the

00:38:19.040 --> 00:38:24.660
 site plan landscape plan and elevations have that if approved they would they

00:38:24.660 --> 00:38:28.040
 could build eight three-story buildings with them in any Center and Clubhouse

00:38:28.040 --> 00:38:33.400
 and the 19 accessory structures that includes both excuse me the garages as

00:38:33.400 --> 00:38:39.880
 well as some carport some covered parking they're proposing 200 and sorry

00:38:39.880 --> 00:38:46.440
 I have a typo 248 dwelling units with a density of about 20.15 dwelling units per

00:38:46.440 --> 00:38:52.840
 acre they they're proposing 460 parking spaces with which those that meets our

00:38:52.840 --> 00:38:58.480
 parking requirements and the site specifies a total of 67 percent lock

00:38:58.480 --> 00:39:05.280
 coverage and 33% landscape area and then the open space areas are to include a

00:39:05.280 --> 00:39:10.560
 minimum of 12 seating spaces Julie sorry can you go yeah actually yeah right

00:39:10.560 --> 00:39:15.280
 there I'm having a hard time with the line the recommendation line where it

00:39:15.280 --> 00:39:20.960
 says increases greater than 5% somehow my brain is not that sentence is not

00:39:20.960 --> 00:39:25.720
 working for me so would you mind explaining that so up to what point so

00:39:25.720 --> 00:39:31.760
 if there for just for just numbers two through four and and this is because we

00:39:31.760 --> 00:39:37.120
 want to get some specificity as to what they can and can't do that it would

00:39:37.120 --> 00:39:46.360
 allow staff to approve increases up to five percent of the the 248 dwelling

00:39:46.360 --> 00:39:50.760
 units or parking spaces or that lock coverage so there would only be that

00:39:50.760 --> 00:39:56.480
 that minimum of 5% that staff could approve and then any decrease in that

00:39:56.480 --> 00:40:00.560
 amount staff could approve but anything over the 5% it would have to go back

00:40:00.560 --> 00:40:05.200
 through the public hearing process right and that's why that line doesn't make

00:40:05.200 --> 00:40:08.200
 any sense to me because that's not what it says yeah if I may just add though

00:40:08.200 --> 00:40:13.440
 that 5% it's still under the maximum that's allowed or minimum depending

00:40:13.440 --> 00:40:16.760
 which one you're looking at so it's not that we're going above what the code

00:40:16.760 --> 00:40:23.400
 allows it's just for this development and so commissioner yeah I just agree

00:40:23.400 --> 00:40:27.800
 very vice-chair we probably change that wording I know that's not what's

00:40:27.800 --> 00:40:30.800
 codifying at all I just it increases greater than 5% of the amount specified

00:40:30.800 --> 00:40:35.440
 requirements two through four provided a lot of requirements the DDC I met okay

00:40:35.440 --> 00:40:38.560
 so that means it technically reads up to us is that it's saying that well if we

00:40:38.560 --> 00:40:50.600
 increase it by 20% does that make sense yeah I read it over and over again how

00:40:50.600 --> 00:40:58.920
 many times and it's like yeah I'm not we I will I will make sure that that's a

00:40:58.920 --> 00:41:05.880
 little clear they also proposing a minimum of eight dogway stations in the

00:41:05.880 --> 00:41:11.520
 open space areas and then I want to make sure we codified that 71 large and

00:41:11.520 --> 00:41:14.720
 medium canopy trees along that southern boundary that's a really important edge

00:41:14.720 --> 00:41:18.640
 Commissioner Smith thank you sir first year first time I think I've ever

00:41:18.640 --> 00:41:22.960
 really seen before we've we've been codifying kind of the site plan stuff

00:41:22.960 --> 00:41:26.800
 they've been giving within this is that the unusual that we're doing that I mean

00:41:26.800 --> 00:41:30.560
 I know this is an SEP it's not really a zoning issue of course but it's more of

00:41:30.560 --> 00:41:35.600
 an SEP to be able to use in that in that zoning district but codifying hey

00:41:35.600 --> 00:41:39.680
 give us this this preliminary site plan kind of and we're now codifying what you

00:41:39.680 --> 00:41:44.600
 give us preliminarily it seems a little weird but well when when these site

00:41:44.600 --> 00:41:47.880
 plans because they're they're on pretty large pieces of paper and there's a lot

00:41:47.880 --> 00:41:52.440
 of small writing when they're shrunk down to fit on an ordinance they're

00:41:52.440 --> 00:41:57.200
 illegible oftentimes so the point is to kind of have a text sort of laying out

00:41:57.200 --> 00:42:03.120
 just the broad brushstrokes of what they're proposing so that future future

00:42:03.120 --> 00:42:08.880
 planners and and and development of those in the development services

00:42:08.880 --> 00:42:13.080
 department can figure out what we what was actually approved okay you guys

00:42:13.080 --> 00:42:17.400
 didn't include anything on in that recommend or I guess yeah in that

00:42:17.400 --> 00:42:21.240
 recommendation I don't see anything maybe it's in the slide you're about to

00:42:21.240 --> 00:42:27.680
 get to which is the landscaping okay yeah so we do recommend approval but we

00:42:27.680 --> 00:42:34.840
 are proposing some conditions that they that they're that the landscaping is

00:42:34.840 --> 00:42:43.080
 intended to comply with the DDC and and that they need to comply with the

00:42:43.080 --> 00:42:48.640
 landscaping and the site plan the parking area light fixtures can be

00:42:48.640 --> 00:42:52.560
 determined at building permit but we want to make sure that they're at a at

00:42:52.560 --> 00:42:59.240
 a level that is is provide safety for for the residents of the development

00:42:59.240 --> 00:43:04.360
 but also that they're that they're not shining on the adjacent residential so

00:43:04.360 --> 00:43:09.060
 we're we're asking that those be capped at 14 feet and then also the perimeter

00:43:09.060 --> 00:43:14.920
 fencing materials you can finish your sentence oh just just that recommendation

00:43:14.920 --> 00:43:20.240
 for the the wrought iron with the screening hedge or the the fencing

00:43:20.240 --> 00:43:24.200
 materials of the masonry so I saw this in the staff analysis the staff

00:43:24.200 --> 00:43:27.800
 recommendation you had the site plan requirements and then you had staff

00:43:27.800 --> 00:43:32.480
 recommends approval ASB with following conditions it's it's just worded weird

00:43:32.480 --> 00:43:36.400
 Julie just this our staff recommendations these three things plus

00:43:36.400 --> 00:43:41.960
 the site plan pieces above yes okay thank you yes it's yes thank you yes the

00:43:41.960 --> 00:43:48.160
 answer is yes we're also proposing the additional condition that within 30 days

00:43:48.160 --> 00:43:50.880
 of council approval that they do come forward to the planning and zoning

00:43:50.880 --> 00:43:54.920
 Commission with the ADP to deviate from those two provisions that we talked

00:43:54.920 --> 00:44:01.520
 about earlier and that and then not withstanding the limited administrative

00:44:01.520 --> 00:44:06.280
 approvals that 5% the city reserves the right to require approval by ordinance

00:44:06.280 --> 00:44:13.520
 of any amendments to the SUP the attached site plan the elements described in order

00:44:13.520 --> 00:44:16.840
 that they do have to comply with the site plan that they're that they're

00:44:16.840 --> 00:44:22.120
 proposing we have notified of them of the conditions I think they were a little

00:44:22.120 --> 00:44:26.440
 concerned about the perimeter fence provision that that we recommended but

00:44:26.440 --> 00:44:32.200
 the applicant will be here tonight to talk to you and to answer any questions

00:44:32.200 --> 00:44:36.800
 mr. Smith was the concern with the fence materials well I think they were they

00:44:36.800 --> 00:44:42.480
 really you know they I think they thought a lot about that that board on

00:44:42.480 --> 00:44:46.160
 board cedar and that this the sort of undulations of it to allow those

00:44:46.160 --> 00:44:49.320
 landscaping areas and that was something that they really felt felt that they

00:44:49.320 --> 00:44:54.240
 wanted to do and and and I did get their perspective and we understand but we do

00:44:54.240 --> 00:44:57.960
 want to make sure that we have durable materials along our rights away and that

00:44:57.960 --> 00:45:03.720
 that they stay nice for a really long time and so those were conversations we

00:45:03.720 --> 00:45:08.440
 had throughout the review and so you know I don't know where they'll land but

00:45:08.440 --> 00:45:11.800
 but that was just something that staff felt pretty strongly about how many feet

00:45:11.800 --> 00:45:16.000
 of fencing is it that we're talking about that's it's pretty it's pretty long

00:45:16.000 --> 00:45:20.400
 I'm just looking at it from a cost perspective that we're being wrought

00:45:20.400 --> 00:45:25.440
 iron and wrought iron and see your board on board isn't too dissimilar but

00:45:25.440 --> 00:45:31.000
 masonry if they're wanting something that is not transparent at all masonry

00:45:31.000 --> 00:45:35.040
 goes up quite a bit in cost and so I hate to be I believe that that property

00:45:35.040 --> 00:45:43.800
 nine was over about a thousand feet so it was it's a long span okay okay thanks

00:45:43.800 --> 00:45:55.740
 thank you okay thanks Julie if I can just add in we have the ordnance Haley was

00:45:55.740 --> 00:46:00.960
 gracious enough to pull it the ordinance from palladium there were seven

00:46:00.960 --> 00:46:05.640
 conditions in total one the site plan required exterior building materials

00:46:05.640 --> 00:46:11.240
 maintain the muted earth tone 12 foot setback from the property lines six foot

00:46:11.240 --> 00:46:16.460
 ironically six foot decorative masonry wall with street trees and then here was

00:46:16.460 --> 00:46:20.200
 no on-street parking for tenants is permitted and then the project should

00:46:20.200 --> 00:46:23.160
 not be eligible for any on-street parking credits and then there was a

00:46:23.160 --> 00:46:27.320
 limitation on the connection to the north to the commercial development so

00:46:27.320 --> 00:46:31.640
 those were the seven conditions that were placed on that property for approval

00:46:31.640 --> 00:46:34.520
 so they didn't really place the restriction on parking on points that

00:46:34.520 --> 00:46:45.480
 you drive but it was for the development itself okay so when we say that the

00:46:45.480 --> 00:46:50.720
 on-street parking was not permitted for tenants that doesn't exclude guests but

00:46:50.720 --> 00:46:55.120
 but we're but when we're making that count the impact is the calculation in

00:46:55.120 --> 00:46:58.840
 terms of how many parking spots they are projecting that they won't have on the

00:46:58.840 --> 00:47:04.040
 property yes yes so all of all of what would have been required is is contained

00:47:04.040 --> 00:47:09.680
 within the the property or the boundaries of their site okay thank you

00:47:09.680 --> 00:47:21.800
 right that takes us to our next public hearing which is it's Julie again

00:47:25.560 --> 00:47:31.240
 all right

00:47:31.240 --> 00:47:41.500
 all right this is the 1912 Mockingbird single-family residential and the

00:47:41.500 --> 00:47:47.720
 request before you is to rezone about 2.6 acres from r2 to r4 district the

00:47:47.720 --> 00:47:52.240
 property is outlined here in yellow it's a flag-shaped piece of property the

00:47:52.240 --> 00:47:55.920
 surrounding development is existing seeing suburban style single-family

00:47:55.920 --> 00:48:00.920
 neighborhoods there are a few remaining large parcels nearby you can see

00:48:00.920 --> 00:48:04.880
 adjacent to the property and north of Audre there's some some large parcels

00:48:04.880 --> 00:48:10.080
 that still remain and the majority of the trees on site are fence line trees

00:48:10.080 --> 00:48:13.760
 along the perimeter you kind of see the shadow of them there and then per the

00:48:13.760 --> 00:48:19.680
 applicant the purpose is to develop nine single-family residential buildings so

00:48:19.680 --> 00:48:24.160
 this is the current zoning map here you could see the surrounding zoning the

00:48:24.160 --> 00:48:29.320
 subject property is outlined in black there is r2 on the subject property as

00:48:29.320 --> 00:48:34.600
 well as north of Audre surrounding the subject property on the east and south

00:48:34.600 --> 00:48:40.920
 and west is r4 and then as you get closer to the loop toward the east you

00:48:40.920 --> 00:48:48.120
 could see it gets it gets a little more dense development with r7 and then MN if

00:48:48.120 --> 00:48:52.120
 the request was approved this would be the zoning map it would extend that

00:48:52.120 --> 00:49:01.880
 existing r4 to the subject property having having that kind of extension of

00:49:01.880 --> 00:49:10.440
 it and and the continuation of that r4 district to the north so the the 2019

00:49:10.440 --> 00:49:14.120
 Denton Development Code has a lot more criteria for approval for a zoning case

00:49:14.120 --> 00:49:18.400
 than the 2002 Denton Development Code we have the general criteria as well as

00:49:18.400 --> 00:49:23.960
 then the criteria that are specific to that project type it's all outlined in

00:49:23.960 --> 00:49:27.480
 your staff report I won't go over every single one we'll just go over the ones

00:49:27.480 --> 00:49:33.560
 that are the most most pertinent to the request the the general approval

00:49:33.560 --> 00:49:37.280
 criteria for all applications today we're going to be talking about mostly

00:49:37.280 --> 00:49:41.400
 number three the consistency with the comprehensive plan and other applicable

00:49:41.400 --> 00:49:46.000
 plans and then also eight minimizes adverse impacts on surrounding property

00:49:46.000 --> 00:49:50.120
 for the specific zoning criteria for approval we'll be talking about few more

00:49:50.120 --> 00:49:56.720
 of those and those are outlined there in bold so first when we talked about the

00:49:56.720 --> 00:50:01.840
 the first general criterion and then the zoning criterion a that has to do with

00:50:01.840 --> 00:50:06.120
 our comprehensive plan so the subject property has is in an area designated

00:50:06.120 --> 00:50:11.280
 for low density residential typically we see this it's intended for single

00:50:11.280 --> 00:50:17.160
 family neighborhoods up to four dwelling units per acre due to the new provisions

00:50:17.160 --> 00:50:20.640
 within that within the Denton Development Code that minimum lot size

00:50:20.640 --> 00:50:26.400
 instead of the density that shorthand density that we had in the 2002 code the

00:50:26.400 --> 00:50:32.880
 minimum lot size for our four which is what they're proposing is 7,000 square

00:50:32.880 --> 00:50:39.520
 feet which is which is if you just did the gross lot coverage with the with the

00:50:39.520 --> 00:50:44.560
 or I'm sorry lot size with the with the acreage square footage you would get

00:50:44.560 --> 00:50:48.080
 about six dwelling units per acre but that wouldn't include all the streets you

00:50:48.080 --> 00:50:53.320
 would have to do any open space detention so although this is doesn't

00:50:53.320 --> 00:50:58.760
 precisely conform to that low residential maximum density this does

00:50:58.760 --> 00:51:03.720
 meet the overall goals of the of the didn't plan 2030 and most importantly is

00:51:03.720 --> 00:51:07.720
 that it provides that infill development to provide for that compact development

00:51:07.720 --> 00:51:11.320
 pattern that is part of the vision statement as well as our preferred growth

00:51:11.320 --> 00:51:17.860
 concept criterion eight talks about minimizing impacts to the surrounding

00:51:17.860 --> 00:51:22.680
 property the proposed r4 is consistent with the surrounding neighbor existing

00:51:22.680 --> 00:51:28.160
 neighborhoods in both use because it's a primarily single-family zoning district

00:51:28.160 --> 00:51:35.080
 as well as development scale so we did an analysis of the surrounding plots and

00:51:35.080 --> 00:51:38.760
 looked at how those neighborhoods that have developed over the last decades

00:51:38.760 --> 00:51:44.600
 around the subject property it's here out it's here it has a star on it the

00:51:44.600 --> 00:51:48.000
 typical lot sizes surrounding the property range anywhere from about six

00:51:48.000 --> 00:51:52.800
 thousand square feet to about 7,500 square feet so the proposed r4 with the

00:51:52.800 --> 00:51:56.640
 minimum 7,000 square foot lot size is really consistent with what's around

00:51:56.640 --> 00:52:03.520
 there and in use they are proposing single-family uses r4 does allow duplexes

00:52:03.520 --> 00:52:08.200
 in townhomes but those we have to have to acquire an SUP so it would require

00:52:08.200 --> 00:52:11.380
 additional scrutiny it would require public hearing and approval by City

00:52:11.380 --> 00:52:16.640
 Council so Julie on that note that's the biggest concern I have with making this

00:52:16.640 --> 00:52:23.120
 change you know so an SUP doesn't really necessarily keep townhomes or duplexes

00:52:23.120 --> 00:52:28.440
 from developing I mean it's not a you know a way to not have them in there so

00:52:28.440 --> 00:52:33.600
 is there any way that we can restrict this development to being single-family

00:52:33.600 --> 00:52:39.040
 detached have you considered that I mean is I understand that it changes things

00:52:39.040 --> 00:52:48.480
 to a PD but that's my main concern is that there's really no way to keep those

00:52:48.480 --> 00:52:53.120
 what what taking it from r2 to r4 does with certain things because general

00:52:53.120 --> 00:52:59.160
 office is also allowed in r4 within SUP but again it's not it's not a tool to

00:52:59.160 --> 00:53:06.640
 regulate zoning it's it's I think that what you're just trying to think it

00:53:06.640 --> 00:53:11.720
 through because we don't have that residential mixed-use overlay provision

00:53:11.720 --> 00:53:18.400
 in the code anymore it most likely would have to go to a PD which I don't know

00:53:18.400 --> 00:53:24.800
 would if that whether or not we would actually proceed under this application

00:53:24.800 --> 00:53:32.200
 or a new probably re-noticed that was just a concern I wanted to bring up and

00:53:32.200 --> 00:53:38.680
 maybe get yeah your thoughts on and others thoughts on well when staff did

00:53:38.680 --> 00:53:42.560
 our analysis when you really look and this is this is the surrounding area and

00:53:42.560 --> 00:53:46.000
 this is it's a little broader view of just the subject property it really is

00:53:46.000 --> 00:53:51.520
 kind of that north east side of town I mean you could see that r4 is really the

00:53:51.520 --> 00:53:57.040
 the most consistent and the most the predominant zoning district in that

00:53:57.040 --> 00:54:00.800
 area so anything that would be developed in this property would be consistent with

00:54:00.800 --> 00:54:06.120
 what the the surrounding zoning is and what those uses and development scale

00:54:06.120 --> 00:54:15.720
 would be so this is really close to Commissioner Ellis's question and that

00:54:15.720 --> 00:54:22.080
 is if they were to go back and seek a special use permit would we then

00:54:22.080 --> 00:54:27.120
 generally not be in favor because it wouldn't be consistent I mean this is my

00:54:27.120 --> 00:54:33.200
 this was my concern in reading this is is the use is not limited to the

00:54:33.200 --> 00:54:39.480
 advertise the mean the advertised use that we're describing for you know that

00:54:39.480 --> 00:54:46.200
 we're gonna put seven homes in here but we can't control that wait if if they

00:54:46.200 --> 00:54:51.160
 did want to do one of those uses the duplex or townhome it would be it would

00:54:51.160 --> 00:54:56.020
 require additional analysis by staff and so at this point I can't tell you if

00:54:56.020 --> 00:54:59.240
 staff would recommend denial or approval because we want to go through the

00:54:59.240 --> 00:55:04.000
 criteria for approval especially you know our SUPs have a lot of detail

00:55:04.000 --> 00:55:08.120
 associated with them and so if they were to come back and want to do one of those

00:55:08.120 --> 00:55:13.000
 uses we would want to see that level of detail to see what the compatibility

00:55:13.000 --> 00:55:21.000
 would be with those adjacent properties so until we saw that specific specific

00:55:21.000 --> 00:55:25.520
 project I don't think I could give you a you know what we would what we would

00:55:25.520 --> 00:55:36.080
 recommend I mean we when we did look and we looked at this this properties come

00:55:36.080 --> 00:55:42.240
 back back and forth between various iterations not necessarily with this

00:55:42.240 --> 00:55:45.680
 applicant but over the course of the last two years a lot just like a lot of

00:55:45.680 --> 00:55:51.040
 these infill sites there was one iteration of I think townhomes that we

00:55:51.040 --> 00:55:57.760
 did see and that was something we were not we were not supportive of and we

00:55:57.760 --> 00:56:01.080
 were clear with that I think that's ultimately what brought it to what you

00:56:01.080 --> 00:56:05.880
 have here today and again as Julie mentioned we were comfortable allowing it

00:56:05.880 --> 00:56:10.660
 those uses as an SGP they go to this body obviously if this body recommends

00:56:10.660 --> 00:56:15.240
 denial then it goes to City Council for ultimate decision but it would require a

00:56:15.240 --> 00:56:24.720
 super majority at that point can I follow up on that if if they but they

00:56:24.720 --> 00:56:30.160
 can go back and apply for a PD or something else that would sort of given

00:56:30.160 --> 00:56:36.760
 the comments of at least some of us here in this meeting error potentially tonight

00:56:36.760 --> 00:56:43.520
 they could still come back in and have a way of infilling that would be single

00:56:43.520 --> 00:56:47.240
 family enforced in some way they wouldn't be precluded from developing

00:56:47.240 --> 00:56:54.080
 would they if we deny if it if it was denied it would go to for denied tonight

00:56:54.080 --> 00:56:57.520
 it would go to council as a as it did not in a recommendation of denial which

00:56:57.520 --> 00:57:01.740
 would require a super majority vote and then it would be up to council to decide

00:57:01.740 --> 00:57:07.060
 whether or not it beats the merits of the criteria for a rezoning I guess what

00:57:07.060 --> 00:57:13.160
 I'm saying is if they accepted our denial does the developer then have the

00:57:13.160 --> 00:57:16.400
 opportunity to come back with something else I mean they they could with they

00:57:16.400 --> 00:57:21.020
 could withdraw their application we saw that with

00:57:25.160 --> 00:57:31.240
 agave ranch there's a recommendation of a denial they modify their plan and then

00:57:31.240 --> 00:57:34.520
 and then came back with a different request that's certainly not an option

00:57:34.520 --> 00:57:37.840
 for them but that's that's up to them okay thank you

00:57:37.840 --> 00:57:42.000
 Commissioner Anderson thank you would this be no avoid because it right there

00:57:42.000 --> 00:57:47.520
 it says multifamily dwellings would not be permitted I mean multifamily dwellings

00:57:47.520 --> 00:57:53.240
 are duplexes and quadplexes am I correct our code actually does separate those

00:57:53.240 --> 00:58:00.220
 uses so multifamily is is this as a use separate from duplexes we actually have

00:58:00.220 --> 00:58:05.240
 a duplex use we have a triplex a fourplex and then a a townhome use and

00:58:05.240 --> 00:58:11.560
 those are separate and have different you specific standards as well as zoning

00:58:11.560 --> 00:58:15.600
 districts are permitted in or require an SCP or prohibited in because it says you

00:58:15.600 --> 00:58:18.320
 know you're trying to keep the neighborhoods the same as the other and

00:58:18.320 --> 00:58:22.720
 I'm looking at the map and everything around it are all single-family dwellings

00:58:22.720 --> 00:58:26.600
 and I mean I would be for this if it was all single-family dwellings but I do not

00:58:26.600 --> 00:58:32.960
 like trying to put in town homes or duplexes in a in a little small area

00:58:32.960 --> 00:58:38.320
 where everything else around it is single-family dwelling and and when we

00:58:38.320 --> 00:58:43.360
 analyzed it looking at that that are for and requiring that SUP that you know

00:58:43.360 --> 00:58:47.240
 having that have to go through the additional public hearing process

00:58:47.240 --> 00:58:52.040
 additional scrutiny that really the use that's permitted by right that they would

00:58:52.040 --> 00:58:55.920
 be that single-family home it just seems like we're leaving that SUP in there is

00:58:55.920 --> 00:59:01.360
 like a little loophole that somebody can jump through I mean if we just said hey

00:59:01.360 --> 00:59:07.000
 this is gonna be no multifamily dwellings I'd have no issue with it but

00:59:07.000 --> 00:59:11.080
 when you put it you know you're leaving it in there that we require an SUP well

00:59:11.080 --> 00:59:14.600
 there's a little loophole that says you know what we approve it's not you know

00:59:14.600 --> 00:59:17.200
 you can come back a little bit a little bit later and sit there and go hey I'd

00:59:17.200 --> 00:59:21.080
 like to follow the SUP and I'd like for this to be a multifamily dwelling you

00:59:21.080 --> 00:59:25.120
 know that's kind of not what we really would vote for well I would vote for

00:59:25.120 --> 00:59:32.040
 well yes they could come back and and and submit an SUP for duplexes or town

00:59:32.040 --> 00:59:37.360
 homes but once again the multi-family use is is a separate use it is it is

00:59:37.360 --> 00:59:43.080
 prohibited in r4 it's you couldn't get an SUP for multi-family in r4 it's not

00:59:43.080 --> 00:59:47.440
 permitted then why would we even have that on there then just just to let

00:59:47.440 --> 00:59:53.040
 y'all know that it is a prohibited use within r4 I did get a lot of calls from

00:59:53.040 --> 00:59:57.720
 residents that had concerns that there would be multi-family and so I wanted to

00:59:57.720 --> 01:00:00.880
 make sure it was really clear that multi-family is not a permitted use in

01:00:00.880 --> 01:00:04.800
 our floor because I did read some of the comments that people you know are

01:00:04.800 --> 01:00:09.120
 opposed to that and if I would live there I'd be opposed myself sure okay

01:00:09.120 --> 01:00:14.160
 thank you if I can just help clarify which Julie get some water I think part

01:00:14.160 --> 01:00:19.480
 of the confusion we've had multiple projects on mockingbird unfortunately

01:00:19.480 --> 01:00:25.080
 called mockingbird multi-family and so I think there's a lot of confusion that

01:00:25.080 --> 01:00:30.120
 this was a multi-family project that was highly contested by a lot of the

01:00:30.120 --> 01:00:35.160
 residents in the area yeah but I also think some of those comments were that

01:00:35.160 --> 01:00:39.320
 they didn't want townhomes or duplexes which they do have on that corner of

01:00:39.320 --> 01:00:44.520
 Audra so that's the most concerning thing here is that we didn't try to maybe

01:00:44.520 --> 01:00:51.000
 get get them into a PD to be able to put that restriction on it just because of

01:00:51.000 --> 01:00:55.200
 you know we did that in in most other developments that we've approved along

01:00:55.200 --> 01:01:00.000
 Audra with you know there's so much going on in that neighborhood so at any

01:01:00.000 --> 01:01:03.440
 rate we'll keep the discussion rolling because yeah time is of the essence

01:01:03.440 --> 01:01:07.400
 Commissioner pernetta no I just want to clarify because and find out what I'm

01:01:07.400 --> 01:01:11.040
 missing because because right now all we're approving is a development that we

01:01:11.040 --> 01:01:14.720
 single-family if they wanted townhomes or duplexes they would have to come back

01:01:14.720 --> 01:01:17.960
 for the SCP and we would have to agree to that or is this well tend to this

01:01:17.960 --> 01:01:23.360
 what's on the table tonight is just a zoning change right right okay that's it

01:01:23.360 --> 01:01:30.400
 to our for right okay that's what we're considering all right okay zoning

01:01:30.400 --> 01:01:35.120
 criteria E and F talks about the intensity of development that is not

01:01:35.120 --> 01:01:39.080
 expected to create significantly adverse impacts to the surrounding properties or

01:01:39.080 --> 01:01:43.760
 neighborhood in transportation due to the limited number of homes that could

01:01:43.760 --> 01:01:48.080
 be constructed if this given the constraints of our for district it would

01:01:48.080 --> 01:01:53.440
 only create about 90 trips per day and and so that would not trigger a TIA

01:01:53.440 --> 01:01:57.120
 roadway impact fees would be determined by the number of dwelling units and

01:01:57.120 --> 01:02:01.600
 projected trip vehicle trips and that that those roadway impact fees are are

01:02:01.600 --> 01:02:05.120
 used to make improvements related to the mobility plan water and wastewater

01:02:05.120 --> 01:02:09.120
 because this is an infill area they do have roadway and they have water and

01:02:09.120 --> 01:02:12.760
 sewer available to the site of course tap and impact fees would be would be

01:02:12.760 --> 01:02:18.560
 applicable once the property develops and then there are the the property is

01:02:18.560 --> 01:02:22.200
 located about a mile from Milan Park and once again the park dedication and

01:02:22.200 --> 01:02:26.520
 development fees would be paid with plotting and building permits public

01:02:26.520 --> 01:02:30.400
 outreach was done they had a neighborhood meeting that about five

01:02:30.400 --> 01:02:35.560
 residents came some concerns had to do with the trees on the property and

01:02:35.560 --> 01:02:41.600
 meeting the tree preservation and then also spacing from any any access facing

01:02:41.600 --> 01:02:49.600
 from Audra there was notification sent out the newspaper signs posted as well

01:02:49.600 --> 01:02:54.720
 as the mailings we've received nine responses in opposition for or within

01:02:54.720 --> 01:03:00.360
 that for a 200-foot boundary and they're they're shown here in red we've received

01:03:00.360 --> 01:03:04.520
 zero in favor and then zero neutral so based upon the criteria for approval

01:03:04.520 --> 01:03:09.680
 staff recommends approval of the request and I'll stand for any questions and the

01:03:09.680 --> 01:03:15.240
 applicant will be here this evening I don't see any more at this time though

01:03:15.240 --> 01:03:20.460
 thank you thank you Julie you bet yeah I think at this time we're gonna break

01:03:20.460 --> 01:03:24.840
 for dinner before we hear our last public hearing discussion so I will call

01:03:24.840 --> 01:03:27.800
 recess at 610

01:03:27.800 --> 01:03:37.760
 welcome back to our planning in zoning Commission work session we are back from

01:03:37.760 --> 01:03:43.880
 recess I will call us back to order at 616 and invite Haley up to talk about

01:03:43.880 --> 01:03:48.320
 our final public hearing item all right good evening this is a plan development

01:03:48.320 --> 01:03:54.840
 request for a project being called Ryan way the request is to consider rezoning

01:03:54.840 --> 01:03:58.680
 the subject property that's approximately 36 and a half acres from

01:03:58.680 --> 01:04:02.800
 residential to or our to district to plan development you can see the site

01:04:02.800 --> 01:04:06.520
 outlined in yellow on the map it's located on the north side of Ryan Road

01:04:06.520 --> 01:04:13.480
 just east of Monte Carlo Lane so this is just a quick shot of what our current

01:04:13.480 --> 01:04:21.160
 map looks like which is r2 and then the proposal for plan development this is

01:04:21.160 --> 01:04:25.940
 the site layout for the subject property that's kind of the detail plan if you

01:04:25.940 --> 01:04:31.760
 will and the new plan development regulations so what we have here are a

01:04:31.760 --> 01:04:37.780
 hundred and fifty four residential lots and five HOA lots the HOA lots are

01:04:37.780 --> 01:04:41.520
 shown in green on this map there is a plugged gas well within the site it was

01:04:41.520 --> 01:04:46.020
 plugged last August it's located in this general location as designated by the

01:04:46.020 --> 01:04:50.040
 star it would be within an HOA lot so that nothing would be constructed over

01:04:50.040 --> 01:04:55.320
 the top of the well and the property it has several connections where streets

01:04:55.320 --> 01:04:59.320
 have been stubbed out to it over time as surrounding development occurs so we

01:04:59.320 --> 01:05:03.840
 have the Ridgemont subdivision here on the south side and then Teasley trails

01:05:03.840 --> 01:05:07.940
 surrounding it to the north and east Monte Carlo Lane was stubbed out when

01:05:07.940 --> 01:05:11.840
 Ridgemont developed and then again when Teasley trails develop so that connects

01:05:11.840 --> 01:05:15.500
 to the north and south this would provide that final missing leg and then

01:05:15.500 --> 01:05:19.320
 Mizzen Lane was stubbed out when the final phase of Teasley trails developed

01:05:19.320 --> 01:05:23.840
 and that is coming into the property from the east additionally it would have

01:05:23.840 --> 01:05:29.800
 a direct connection to Ryan Road here at what's shown on this plan is Street E

01:05:29.800 --> 01:05:34.520
 as the other component of a plan development in the new code aside from

01:05:34.520 --> 01:05:39.120
 the map itself is the development standards so those were provided to you

01:05:39.120 --> 01:05:42.800
 in your backup I'll go through some of the major differences between the

01:05:42.800 --> 01:05:48.800
 proposed PD and the R4 district that it was based upon so in terms of permitted

01:05:48.800 --> 01:05:53.200
 uses the proposed PD would only permit single-family detached dwellings and

01:05:53.200 --> 01:05:57.160
 then all of the accessory and temporary uses that are permitted in our R4

01:05:57.160 --> 01:06:02.600
 district so this table is just a snapshot of everything in our use table that's

01:06:02.600 --> 01:06:07.760
 permitted in our force you can see is excluding townhomes duplexes group homes

01:06:07.760 --> 01:06:12.920
 schools churches wide variety of things also excluding gas wells so it's

01:06:12.920 --> 01:06:16.120
 important to note that if this is approved that that drill site would

01:06:16.120 --> 01:06:19.120
 remain plugged there wouldn't be any possibility for future gas well

01:06:19.120 --> 01:06:25.400
 development within the property looking at the proposed zoning standards so

01:06:25.400 --> 01:06:28.800
 again it was based on the R4 district so I did a comparison of the differences

01:06:28.800 --> 01:06:34.480
 between their proposal and the base of R4 the minimum lot area is one of the

01:06:34.480 --> 01:06:37.640
 larger differences so they are proposing smaller lots than what R4 would

01:06:37.640 --> 01:06:42.480
 typically permit they're proposing that 10 of the lots or up to 10 of the lots

01:06:42.480 --> 01:06:46.240
 be as small as 5,000 square feet the remainder of the lots would have a

01:06:46.240 --> 01:06:53.920
 minimum area of 5,750 square feet R4 as a just citywide is a 7,000 square foot

01:06:53.920 --> 01:06:58.600
 minimum similar lot width 50 feet they are proposing an increase in minimum

01:06:58.600 --> 01:07:03.360
 lot depth from 80 feet to 100 feet the setbacks are generally consistent they

01:07:03.360 --> 01:07:08.960
 did add in an additional minimum garage setback of 20 feet and then for side

01:07:08.960 --> 01:07:13.400
 yards they are proposing 10 foot as opposed to 20 foot when you're abutting

01:07:13.400 --> 01:07:17.800
 a street so the corner lots would have a slightly smaller side yard than R4 would

01:07:17.800 --> 01:07:21.880
 typically have and then again rear yards they are proposing those be larger so

01:07:21.880 --> 01:07:27.040
 they propose the increase of a 15 foot rear rear yard setback building height

01:07:27.040 --> 01:07:30.520
 would remain the same at 40 feet building coverage they're proposing 60%

01:07:30.520 --> 01:07:35.400
 as opposed to 50% so that's a 10% increase street trees they're proposing

01:07:35.400 --> 01:07:39.840
 the code standard of 1 per 30 linear feet on all of the common area lots and

01:07:39.840 --> 01:07:45.320
 then to to prevent any inconsistency of trees being kind of clustered together on

01:07:45.320 --> 01:07:48.600
 lot lines they're proposing that for the residential lots that simply be one

01:07:48.600 --> 01:07:55.240
 street tree per lot as opposed to 1 per 30 feet in terms of yard trees the 2019

01:07:55.240 --> 01:07:59.520
 DDC requires one yard tree for single-family residential lots they're

01:07:59.520 --> 01:08:03.760
 proposing an increase in that so each internal lot would have one additional

01:08:03.760 --> 01:08:07.720
 yard tree a front yard and a rear yard tree and then corner lots would have

01:08:07.720 --> 01:08:10.680
 three additional trees beyond the code minimum because they would have two side

01:08:10.680 --> 01:08:16.320
 yard trees provided on that corner they are proposing a slight change in one of

01:08:16.320 --> 01:08:19.900
 our site design standards the DDC has a required three foot offset between the

01:08:19.900 --> 01:08:23.040
 front building wall in the garage they're proposing decreasing that to 12

01:08:23.040 --> 01:08:29.480
 inches and then for tree preservation as we touched on earlier they they did

01:08:29.480 --> 01:08:33.280
 apply for their original application at the time when the 02 code was still in

01:08:33.280 --> 01:08:37.600
 effect so they did gain vesting under state law for that purpose for tree

01:08:37.600 --> 01:08:40.560
 preservation it's one of the things specifically allowed and the vesting

01:08:40.560 --> 01:08:47.120
 require regulations in 245 so under the 2002 DDC they would be required to

01:08:47.120 --> 01:08:51.600
 preserve a minimum of 20% of quality trees and 10% of secondary trees so

01:08:51.600 --> 01:08:56.320
 secondary trees are things like mesquite hackberry boat arc and then quality

01:08:56.320 --> 01:09:00.680
 trees is essentially everything else and the minimum size for all of those is 6

01:09:00.680 --> 01:09:07.280
 inches DBH so everything under 6 inches wouldn't count 2019 DDC again as I

01:09:07.280 --> 01:09:10.720
 mentioned it created different tree classification so now we have we're

01:09:10.720 --> 01:09:15.360
 called heritage trees those are the larger trees over 18 inches as well as

01:09:15.360 --> 01:09:19.680
 any post oak that 6 inches or greater and then quality trees are pretty much

01:09:19.680 --> 01:09:22.480
 consistent with the old code with the exception that those small post oaks are

01:09:22.480 --> 01:09:29.660
 pulled out and that's a minimum 30% preservation requirement they the 2019

01:09:29.660 --> 01:09:33.960
 tree code does allow that if you have quality inherited trees on set you don't

01:09:33.960 --> 01:09:38.800
 have to preserve any secondary trees so that's another key difference there oh

01:09:38.800 --> 01:09:42.720
 and then the other item I wanted to point out that didn't make it into the

01:09:42.720 --> 01:09:47.440
 table is that the DDC requires a minimum of 5% open space when you have more than

01:09:47.440 --> 01:09:51.360
 10 residential lots they are proposing a minimum of 15% open space throughout the

01:09:51.360 --> 01:09:57.000
 entire neighborhood so as Julie showed with her items the code now has general

01:09:57.000 --> 01:10:00.480
 criteria for all applications those were gone through in detail in your backup so

01:10:00.480 --> 01:10:04.360
 I'll just hit some of the highlights the project was found to be consistent with

01:10:04.360 --> 01:10:08.680
 all aspects of the 2019 DDC except for the exceptions that we just discussed

01:10:08.680 --> 01:10:13.680
 which are allowed through the PD process there are no prior approvals or other

01:10:13.680 --> 01:10:17.600
 agreements that apply to the site no phasing is proposed with this development

01:10:17.600 --> 01:10:21.160
 the development is not expected to generate adverse environmental or fiscal

01:10:21.160 --> 01:10:26.280
 impacts and there is adequate infrastructure available to the site so

01:10:26.280 --> 01:10:30.120
 I'll spend a little more time with each of the PD criteria for approval we'll go

01:10:30.120 --> 01:10:34.840
 through each of these in turn so criterion one is compliance with the

01:10:34.840 --> 01:10:39.720
 Denton plan 2030 again this site is in an area designated on the future land use

01:10:39.720 --> 01:10:43.440
 map as low residential typically that calls for single family development at

01:10:43.440 --> 01:10:47.640
 a density of one to four dwelling units per acre some of the other criteria that

01:10:47.640 --> 01:10:51.960
 low density residential looks at though are development contiguous to existing

01:10:51.960 --> 01:10:55.240
 developed areas to avoid sprawl that's one of the larger tenants of the

01:10:55.240 --> 01:10:59.400
 comprehensive plans that we fill in all of these kind of vacant places within the

01:10:59.400 --> 01:11:03.720
 city before sprawling outwards it also calls for new development and

01:11:03.720 --> 01:11:06.960
 established residential areas to respond to the existing development pattern and

01:11:06.960 --> 01:11:10.520
 design so we'll look at that a little more in depth as we go through in terms

01:11:10.520 --> 01:11:14.480
 of how this is consistent but I wanted to focus on density for a second this

01:11:14.480 --> 01:11:19.840
 development would be at approximately 4.2 dwelling units per acre so it's just

01:11:19.840 --> 01:11:23.600
 over that fourth four unit per acre threshold however when you look at the

01:11:23.600 --> 01:11:26.520
 density in this area and I've kind of labeled those numbers for surrounding

01:11:26.520 --> 01:11:30.200
 subdivisions on the map here you'll see we do have a lot of larger lot

01:11:30.200 --> 01:11:34.400
 subdivisions in the one to you know the one to two dwelling unit per acre range

01:11:34.400 --> 01:11:38.680
 west of the site but as you continue down Ryan Road towards Teasley Lane and

01:11:38.680 --> 01:11:42.460
 towards this area that's designated for community mixed use density is naturally

01:11:42.460 --> 01:11:46.200
 increased over time with these developments for example the latest phase

01:11:46.200 --> 01:11:50.240
 of Teasley trails came in at 4.4 dwelling units per acre and then we just had

01:11:50.240 --> 01:11:53.160
 multifamily approved here at this intersection that's at 20 units per acre

01:11:53.160 --> 01:11:56.680
 so this tends to follow that natural progression and is generally consistent

01:11:56.680 --> 01:12:02.680
 with the area I wanted to touch on some other aspects of the Denton plan 2030

01:12:02.680 --> 01:12:07.000
 that are applicable here the plan features what's called the preferred

01:12:07.000 --> 01:12:12.600
 growth concept and what this did was encourage kind of clustering walkable

01:12:12.600 --> 01:12:17.640
 design again trying to deter that sprawl that I just spoke about so this this

01:12:17.640 --> 01:12:20.980
 does meet a lot of those requirements it is increasing walkability in the area by

01:12:20.980 --> 01:12:25.120
 providing now sidewalk and street connectivity through these neighborhoods

01:12:25.120 --> 01:12:31.120
 it is again encouraging walkability close to this community mixed use center

01:12:31.120 --> 01:12:34.240
 so these residents would have direct paths through these neighborhoods to any

01:12:34.240 --> 01:12:38.320
 retail that develops here at that intersection and then again the

01:12:38.320 --> 01:12:42.040
 comprehensive plan one of its main policy goals and actions for residential

01:12:42.040 --> 01:12:46.860
 areas was infill so it encourages the development of vacant or deteriorated

01:12:46.860 --> 01:12:51.760
 properties and it encourages that that be consistent in scaling character with

01:12:51.760 --> 01:12:55.600
 existing neighborhoods so again the density that's proposed here does fall

01:12:55.600 --> 01:13:01.400
 within what we find in this area already the second criteria is compliance with

01:13:01.400 --> 01:13:05.680
 the Denton development code so I won't go through this in in detail again but

01:13:05.680 --> 01:13:10.160
 same table again they're proposing just these specific deviations from the 2019

01:13:10.160 --> 01:13:16.140
 DDC everything else they would follow so I wanted to touch on the tree

01:13:16.140 --> 01:13:20.840
 preservation again for just a second the DDC PD procedures if you read through

01:13:20.840 --> 01:13:24.040
 them do say that there should not be deviations from tree preservation

01:13:24.040 --> 01:13:28.340
 requirements within a PD however we have the conflicting aspect here of vesting

01:13:28.340 --> 01:13:33.160
 under state and under chapter 245 of the local government code allowing them to

01:13:33.160 --> 01:13:37.320
 vest in prior tree code regulations so because of their date of application they

01:13:37.320 --> 01:13:41.400
 are allowed to vest in the o2 code and they're not proposing to deviate from

01:13:41.400 --> 01:13:47.480
 the 2002 code just meet that tree preservation requirement instead of 2019

01:13:47.480 --> 01:13:52.580
 the third criterion is providing greater greater building design amenities and

01:13:52.580 --> 01:13:56.840
 connectivity one of the the major components to their proposal that was

01:13:56.840 --> 01:14:01.120
 discussed at the neighborhood meetings was building materials as we've talked

01:14:01.120 --> 01:14:05.460
 about many times before under House Bill 2439 the city can no longer enforce

01:14:05.460 --> 01:14:10.640
 those regulations so the developer did indicate to the the residents and it was

01:14:10.640 --> 01:14:14.000
 in early drafts of their PD documents that they wanted would it willingly

01:14:14.000 --> 01:14:19.040
 impose a 40% minimum masonry standard on these homes the DDC minimum standard is

01:14:19.040 --> 01:14:23.320
 25% so it was above and beyond that threshold however we did ask them to

01:14:23.320 --> 01:14:26.160
 exclude that from the PD regulations because it would not be enforceable by

01:14:26.160 --> 01:14:29.520
 the city but it is something that they indicated they were willing to impose

01:14:29.520 --> 01:14:34.960
 through deed restrictions on the property in terms of amenities again open

01:14:34.960 --> 01:14:38.280
 spaces the main amenity being proposed with this PD they're proposing minimum

01:14:38.280 --> 01:14:42.720
 15% open space for tree preservation buffering between their neighborhood and

01:14:42.720 --> 01:14:46.680
 existing neighborhoods and just general community use and enjoyment the DDC

01:14:46.680 --> 01:14:50.780
 minimum is 5% so they're above and beyond that and then in terms of

01:14:50.780 --> 01:14:53.880
 connectivity again this would provide that missing link in Monte Carlo to

01:14:53.880 --> 01:14:57.560
 allow Ridgemont residents and means of accessing Teasley Lane that they've not

01:14:57.560 --> 01:15:02.200
 previously had and then it would provide connections to Teasley trails at Misen

01:15:02.200 --> 01:15:07.520
 Lane as well as Monte Carlo the fourth criterion is specific to residential

01:15:07.520 --> 01:15:11.200
 uses whether there is compatible building use and it's consistent with the

01:15:11.200 --> 01:15:15.360
 character of the area this is the same use that surrounds the property on all

01:15:15.360 --> 01:15:18.120
 sides so of course the single-family use would be compatible with other

01:15:18.120 --> 01:15:22.080
 single-family uses as we looked at earlier it is consistent with the

01:15:22.080 --> 01:15:25.600
 density of this area and that trend we see from west to east Commissioner

01:15:25.600 --> 01:15:28.000
 Anderson

01:15:28.000 --> 01:15:46.800
 correct and that's what they've offered yes and the developer is here this

01:15:46.800 --> 01:15:51.640
 evening so he can speak to that further if you have other questions trying to

01:15:51.640 --> 01:15:56.040
 get through this quickly so we can get out there to the meeting in terms of

01:15:56.040 --> 01:15:59.320
 additional buffering and compatibility with the neighborhood if you look at

01:15:59.320 --> 01:16:02.200
 their plan they do have those HOA lots all around the perimeter of the site

01:16:02.200 --> 01:16:05.200
 where they intend to preserve existing trees to provide additional space

01:16:05.200 --> 01:16:09.400
 between the backyards of these homes and that was a major concern that came up at

01:16:09.400 --> 01:16:12.200
 the neighborhood meetings that all of the neighbors had requested was that

01:16:12.200 --> 01:16:16.680
 buffer space there criterion 5 is applicable to non-residential uses so

01:16:16.680 --> 01:16:21.120
 that's not being considered tonight criterion 6 is the provision of public

01:16:21.120 --> 01:16:25.080
 facilities I'll try to breeze through these pretty quickly DISD was able to

01:16:25.080 --> 01:16:28.680
 provide us with their expected student generation rates for McMath Middle

01:16:28.680 --> 01:16:31.360
 School and Denton High School they indicated they have adequate capacity

01:16:31.360 --> 01:16:35.360
 this is currently zoned for Ryan Elementary and they indicated that that

01:16:35.360 --> 01:16:38.640
 school would not have capacity to serve the the expected students from this

01:16:38.640 --> 01:16:42.200
 development however they indicated it's possible that they can rezone that to

01:16:42.200 --> 01:16:45.800
 other schools in the area such as Sam Houston Elementary that do have

01:16:45.800 --> 01:16:52.400
 adequate capacity in terms of fire and law enforcement it is well within the

01:16:52.400 --> 01:16:55.040
 eight minute or less response time boundary for fire station 6 that's

01:16:55.040 --> 01:16:59.360
 located on Teasley Lane I did talk to the Denton Police Department and they

01:16:59.360 --> 01:17:02.440
 were intending to prepare a crime report for you all to see what's actually going

01:17:02.440 --> 01:17:05.840
 on in this area but due to a change in software they weren't able to get that

01:17:05.840 --> 01:17:10.640
 to us in time but they indicated that in general with this type of residential

01:17:10.640 --> 01:17:13.760
 development they would not expect to see a significant or negative impact on

01:17:13.760 --> 01:17:17.640
 their response times and they wouldn't expect to see any increase in crime or

01:17:17.640 --> 01:17:22.640
 nuisance from these single-family homes water and wastewater are available to

01:17:22.640 --> 01:17:25.840
 the site and would be looped throughout their internal street system to connect

01:17:25.840 --> 01:17:30.820
 to the points that are stubbed out to their site looking at streets again as

01:17:30.820 --> 01:17:34.160
 I mentioned they would provide connection to all of the street stubs

01:17:34.160 --> 01:17:38.560
 that have been provided to this property at Mizzen Lane in Monte Carlo Ryan Road

01:17:38.560 --> 01:17:41.760
 they would have right away dedication requirements there it's not been

01:17:41.760 --> 01:17:45.160
 determined whether they would have any actual improvements to make to Ryan Road

01:17:45.160 --> 01:17:49.920
 because we just on November 5th had the bond election where improvements for

01:17:49.920 --> 01:17:53.560
 Ryan Road to become three lanes were approved and that's now become a CIP

01:17:53.560 --> 01:17:57.600
 project so it's possible that they would pay roadway impact fees and lose in lieu

01:17:57.600 --> 01:18:02.280
 of improvements our city engineer indicated construction on Ryan can be

01:18:02.280 --> 01:18:06.760
 expected to begin as early as 2023 and there was a traffic assessment done for

01:18:06.760 --> 01:18:10.480
 this that was provided to you all Ryan Road at the intersections here at Monte

01:18:10.480 --> 01:18:15.360
 Carlo their future Street E and the street through Teasley trails operated

01:18:15.360 --> 01:18:19.240
 at a level of service C today generally this is not expected to decrease that

01:18:19.240 --> 01:18:22.900
 level of service at those intersections and once construction to three lanes is

01:18:22.900 --> 01:18:26.620
 complete on Ryan it's expected to be operational at a level of service a or

01:18:26.620 --> 01:18:32.160
 B at these intersections this is within 500 feet of Lake Forest Park which meets

01:18:32.160 --> 01:18:35.280
 the park department's goal of a 10-minute walk to a park from residential

01:18:35.280 --> 01:18:38.780
 developments they will have park dedication and development fees when they

01:18:38.780 --> 01:18:44.120
 reach the platting and permitting phases of development notification was sent

01:18:44.120 --> 01:18:48.000
 about this request just since we've been here this evening I've received one

01:18:48.000 --> 01:18:51.960
 additional that I'll read into the record at the meeting so I'm actually

01:18:51.960 --> 01:18:57.360
 since I made this up to 11 responses in opposition four of those are outside that

01:18:57.360 --> 01:19:02.120
 200 foot buffer that total is still right at 3.9 percent and then we have two

01:19:02.120 --> 01:19:08.740
 responses in favor so far that's at 15.7 percent so staff is recommending

01:19:08.740 --> 01:19:12.000
 approval of this request as we found it to comply with our criteria for approval

01:19:12.000 --> 01:19:15.400
 and if it gets through this hearing tonight its next stop would be City

01:19:15.400 --> 01:19:26.080
 Council on December 17th thank you Haley okay with that I will close our work

01:19:26.080 --> 01:19:33.880
 session at 6 33 and we will reconvene as soon as possible in council chambers

01:19:33.880 --> 01:19:42.840
 good evening and welcome to the city of Denton planning and zoning Commission

01:19:42.840 --> 01:19:48.520
 meeting for Wednesday November 20th with a quorum present I will call us to order

01:19:48.520 --> 01:19:54.600
 at 651 p.m. thank you all for your patience first item on our agenda is to

01:19:54.600 --> 01:19:59.600
 stand if you are able and give pledge to the u.s. and Texas flags

01:20:24.600 --> 01:20:34.880
 okay we do have some agenda clarifications for this evening there

01:20:34.880 --> 01:20:41.720
 are two items being pulled from the agenda tonight item 4b which is the

01:20:41.720 --> 01:20:48.920
 Denton Grove apartments that is being pulled and will be renoticed and is

01:20:48.920 --> 01:20:55.600
 planned for our December 11th meeting for consideration also we are pulling

01:20:55.600 --> 01:21:04.280
 item 4e which is PD 19 3 the development titled Ryan way I believe there's many

01:21:04.280 --> 01:21:08.480
 of you here to speak on that but that item is being pulled it will be

01:21:08.480 --> 01:21:18.760
 renoticed and it will be considered here on 12 11 so if you want Scott McDonald

01:21:18.760 --> 01:21:25.060
 is here if you need further information as to anything with regarding that going

01:21:25.060 --> 01:21:37.320
 forward so with that we will go to our consent the GDP is being heard under

01:21:37.320 --> 01:21:43.320
 individual consideration it is not a public hearing item however to clarify

01:21:43.320 --> 01:22:01.840
 staff is recommending denial for that at this point being pulled is item 4e PD 19

01:22:01.840 --> 01:22:22.040
 3 so

01:22:31.840 --> 01:22:33.840
 I'm

01:23:01.840 --> 01:23:04.840
,

01:23:31.840 --> 01:23:51.600
 okay thank you for your patience once again let's move to our consent agenda

01:23:51.600 --> 01:23:56.200
 commissioner back yeah I'd like to make a motion to pull items 2a and 2b for

01:23:56.200 --> 01:24:00.940
 individual consideration okay there's a motion on the floor to pull the two

01:24:00.940 --> 01:24:05.960
 items from the consent agenda to individual consideration is there a

01:24:05.960 --> 01:24:08.420
 second

01:24:08.420 --> 01:24:24.440
 Commissioner Cole okay we have a motion on the floor to pull the two items on

01:24:24.440 --> 01:24:29.680
 consent agenda to individual consideration we will take a vote on the

01:24:29.680 --> 01:24:31.880
 board

01:24:48.160 --> 01:25:00.960
 okay that item passes 5 1 so now what we will do is consider a motion for item PP

01:25:00.960 --> 01:25:08.640
 19 16 that's the preliminary plat Windsor apartments we'll entertain a

01:25:08.640 --> 01:25:21.880
 motion commissioner back a motion to approve commissioner prunella a second

01:25:21.880 --> 01:25:27.560
 we have a motion on the floor to approve individual considered Windsor

01:25:27.560 --> 01:25:52.440
 apartments preliminary plat let's call for a vote on the board that motion

01:25:52.440 --> 01:26:01.200
 carries five one next is to consider a motion for the preliminary plat Bonnie

01:26:01.200 --> 01:26:06.560
 Bray high school addition Commissioner Anderson make a motion to approve

01:26:06.560 --> 01:26:11.760
 Commissioner Smith second we have a motion on the floor for a preliminary

01:26:11.760 --> 01:26:18.640
 plat approval Bonnie Bray high school addition let's take a vote on the board

01:26:22.440 --> 01:26:38.080
 that motion carries five one our next item for individual consideration is GDP

01:26:38.080 --> 01:26:54.320
 19 to a and I will invite Haley up good evening this request is for a general

01:26:54.320 --> 01:26:59.880
 development plan for the Ryan way edition this request came in concurrently

01:26:59.880 --> 01:27:03.320
 with the plan development and under state law we are required to bring forward

01:27:03.320 --> 01:27:07.840
 plat items within a certain time frame however that that kind of puts the cart

01:27:07.840 --> 01:27:10.640
 in front of the horse here because this property does not have zoning until that

01:27:10.640 --> 01:27:14.720
 plan development gets through planning and Zoning Commission and City Council so

01:27:14.720 --> 01:27:18.320
 for that reason alone that it does not meet the zoning requirements that are on

01:27:18.320 --> 01:27:22.040
 the ground today which is the r2 district staff is recommending denial of

01:27:22.040 --> 01:27:28.240
 this GDP at this time I'm happy to stand for any questions you only have

01:27:28.520 --> 01:27:42.880
 Commissioner Smith okay okay I do not see any questions okay at this time we

01:27:42.880 --> 01:27:48.440
 can open the floor for a motion Commissioner Smith motion to approve the

01:27:48.440 --> 01:27:59.960
 denial okay we have a motion on the floor to deny so a vote yes would be to

01:27:59.960 --> 01:28:06.960
 deny the GDP that is the motion on the floor any discussion let's call for a

01:28:06.960 --> 01:28:09.560
 vote on the board

01:28:18.960 --> 01:28:28.240
 that motion carries six zero that moves us to our public hearing items public

01:28:28.240 --> 01:28:38.000
 hearing item 4a fr 1912 Golden Triangle Edition final replant I will open the

01:28:38.000 --> 01:28:52.160
 public hearing and call up Mark Laird good evening my name is Mark Laird I'm a

01:28:52.160 --> 01:28:55.200
 planner with the Development Service Department this evening I have for your

01:28:55.200 --> 01:29:00.440
 consideration the final replant of Golden Triangle Edition I stand for any

01:29:00.440 --> 01:29:07.160
 questions that you may have any questions Commissioners I don't see any

01:29:07.160 --> 01:29:14.360
 Mark thank you very much thank you Commissioner Pernitta Commissioner Smith

01:29:14.360 --> 01:29:20.160
 second okay we have a motion on the floor to approve the replant Golden

01:29:20.160 --> 01:29:27.680
 Triangle Edition any discussion okay let's call for a vote on the board

01:29:37.160 --> 01:29:59.240
 that motion carries six zero and just as a point of order I had opened the

01:29:59.240 --> 01:30:03.440
 public hearing for that item but did not close it so I hereby close the public

01:30:03.440 --> 01:30:16.280
 hearing for item 4a that brings us to item 4c s 193 I will open the public

01:30:16.280 --> 01:30:39.640
 hearing and invite Julie Wyatt for presentation good evening I'm Julie

01:30:39.640 --> 01:30:44.360
 Wyatt senior planner with the city of Denton and I'm presenting s 193 Oxford

01:30:44.360 --> 01:30:48.600
 at Sherman so the request before you is for a specific use permit for

01:30:48.600 --> 01:30:53.840
 multifamily dwellings the subject property is outlined here in yellow it's

01:30:53.840 --> 01:30:59.620
 about 12.33 acres it's currently undeveloped it is situated between loop

01:30:59.620 --> 01:31:06.520
 288 to the north and poinsettia to the south a little background on the subject

01:31:06.520 --> 01:31:12.960
 property in 2002 it was on CMG during the citywide rezoning this year we

01:31:12.960 --> 01:31:17.640
 adopted a new development code and zoning districts and so that CMG

01:31:17.640 --> 01:31:23.560
 transition to SC district that suburban corridor due to the submittal timing the

01:31:23.560 --> 01:31:29.360
 proposal is subject to the 2002 didn't development code regulations and so it

01:31:29.360 --> 01:31:34.160
 was reviewed and is being analyzed under that code however just to let you know

01:31:34.160 --> 01:31:41.340
 multifamily dwellings require a specific use permit in both districts the

01:31:41.340 --> 01:31:45.600
 criteria for approval are in subchapter 6 of the 2002 didn't development code

01:31:45.600 --> 01:31:49.320
 there's a long list of the criteria I won't read them all it is all in your

01:31:49.320 --> 01:31:55.280
 backup but we're gonna go over some some specific parts of that criteria for

01:31:55.280 --> 01:32:00.680
 approval as we discuss the proposal so the subject property has a future land

01:32:00.680 --> 01:32:05.040
 use designation of community mixed use that is intended to promote a mix of

01:32:05.040 --> 01:32:09.180
 uses both commercial as well as the complementary residential uses some

01:32:09.180 --> 01:32:15.640
 moderate to high density housing to support any retail or service uses in

01:32:15.640 --> 01:32:20.520
 in those mixed use districts the intent is to encourage a diverse of use

01:32:20.520 --> 01:32:26.360
 diversity of uses close together to increase vitality and to create a sense

01:32:26.360 --> 01:32:30.520
 of place and to also encourage multimodal transportation allow people

01:32:30.520 --> 01:32:35.680
 to walk a multifamily development is consistent with the community mixed use

01:32:35.680 --> 01:32:39.880
 future land use designation first it provides that complementary residential

01:32:39.880 --> 01:32:45.640
 use it's often found in mixed use districts and in this case as we look at

01:32:45.640 --> 01:32:49.600
 that the broader area and how the community mixed use future land use

01:32:49.600 --> 01:32:56.920
 element fits within this part of Denton this this proposed as multifamily would

01:32:56.920 --> 01:33:02.100
 provide a residential character on that edge of the community mixed use to be to

01:33:02.100 --> 01:33:08.200
 be more consistent with the adjacent residential properties Denton plan 2030

01:33:08.200 --> 01:33:13.560
 also talks about how Denton's gonna grow in 2030 the projected population is

01:33:13.560 --> 01:33:18.480
 going to be over 200,000 and with that we'll need additional housing units and

01:33:18.480 --> 01:33:24.360
 multifamily is part of that mix for we'll need about 12,000 new multifamily

01:33:24.360 --> 01:33:30.520
 units this property and properties like it or are are appropriate for those

01:33:30.520 --> 01:33:36.440
 strategic locations for multifamily because it's adjacent to an arterial

01:33:36.440 --> 01:33:43.600
 loop 288 but it's also close to schools to residential areas and other amenities

01:33:43.600 --> 01:33:47.880
 it encourages that more compact development pattern and prevents a

01:33:47.880 --> 01:33:53.960
 sprawl now we'll zoom in a little bit closer to what the site plan is

01:33:53.960 --> 01:34:00.160
 proposing so it's sort of a triangular shaped lot it is the the front entrance

01:34:00.160 --> 01:34:05.520
 of the proposed multifamily development is oriented toward loop 288 so the full

01:34:05.520 --> 01:34:11.920
 access entrance is on is going to be on a spur that would be constructed off of

01:34:11.920 --> 01:34:19.280
 that that that entrance ramp to loop 288 they're proposing eight three-story

01:34:19.280 --> 01:34:24.120
 buildings three access points with controlled access gates so once again

01:34:24.120 --> 01:34:29.520
 that that full access point on loop 288 there would be an exit only through the

01:34:29.520 --> 01:34:34.560
 future commercial that would be that direct point to FM 428 Sherman Drive and

01:34:34.560 --> 01:34:42.400
 then also an exit only onto point study to the south they are proposing a

01:34:42.400 --> 01:34:48.780
 community pool in the center of the of the development with a amenity center

01:34:48.780 --> 01:34:52.760
 clubhouse there's also a proposed outdoor eating area with a fire pit

01:34:52.760 --> 01:34:58.000
 they're proposing a dog park on the west side here in this location and also

01:34:58.000 --> 01:35:04.420
 other open space areas one here and one here fencing landscaping and one story

01:35:04.420 --> 01:35:10.960
 garages would be would be constructed along point said it points idiot and if

01:35:10.960 --> 01:35:14.800
 this is approved and that would be in this location you can see those orange

01:35:14.800 --> 01:35:22.560
 boxes those are those one-story garages that would provide a little a more

01:35:22.560 --> 01:35:29.360
 visually appealing view from that road because it would set the the larger

01:35:29.360 --> 01:35:33.520
 taller building set back from from points edit points Eddie actually a

01:35:33.520 --> 01:35:37.680
 hundred and one feet from that roadway it would allow that that development scale

01:35:37.680 --> 01:35:43.120
 to gradually increase from the road and then if the proposal does meet the the

01:35:43.120 --> 01:35:48.400
 minimum parking regulations for multifamily they had they provided a

01:35:48.400 --> 01:35:54.080
 landscape plan as part of this specific use permit as as proposed they would

01:35:54.080 --> 01:36:00.400
 plant 163 new large canopy trees at maturity that would create about two

01:36:00.400 --> 01:36:05.760
 hundred thousand square feet of canopy forty seven of those large canopy trees

01:36:05.760 --> 01:36:09.440
 are proposed for this southern edge once again that's closer to those existing

01:36:09.440 --> 01:36:12.960
 neighborhoods so we want to make sure that we're really sensitive to that to

01:36:12.960 --> 01:36:16.840
 that boundary in that edge so they're proposing forty seven large canopy trees

01:36:16.840 --> 01:36:20.640
 this would be in addition to the twenty four required street trees they're

01:36:20.640 --> 01:36:25.880
 proposing those to be medium canopy and then they are also proposing an open

01:36:25.880 --> 01:36:31.280
 space area as well as that the required buffer on the eastern edge of the

01:36:31.280 --> 01:36:34.320
 property that's adjacent to a single family lot want to make sure that we're

01:36:34.320 --> 01:36:39.520
 sensitive to that to that compatibility in that location as well we'll zoom in a

01:36:39.520 --> 01:36:45.880
 little closer first here is that eastern property line buffer that includes a

01:36:45.880 --> 01:36:50.760
 combination of plantings as well as tree preservation so there's already some

01:36:50.760 --> 01:36:56.280
 some foliage there to go ahead and start that buffer they're also proposing a

01:36:56.280 --> 01:37:01.360
 perimeter fence those materials are a combination of ornamental metal board

01:37:01.360 --> 01:37:06.240
 on board cedar and masonry want to take a little bit harder look at the at the

01:37:06.240 --> 01:37:13.320
 proposed fencing on on that southern edge they are proposing a that board on

01:37:13.320 --> 01:37:17.560
 board cedar it would have recesses and projections so it would kind of it would

01:37:17.560 --> 01:37:23.680
 it would undulate in and then out to allow planting area to allow those trees

01:37:23.680 --> 01:37:28.920
 to be planted and while you know this this would break up the monotony of the

01:37:28.920 --> 01:37:32.800
 fence line and would create visual interest staff does have concerns about

01:37:32.800 --> 01:37:37.520
 the durability of those of that material and so we're recommending a condition

01:37:37.520 --> 01:37:43.280
 that that they either use a masonry wall or wrought iron with with some sort of

01:37:43.280 --> 01:37:48.920
 leafy shrub hedge in order to screen provide screening for those cars and that

01:37:48.920 --> 01:37:55.440
 use here's some sample elevations this this gives you a little bit better

01:37:55.440 --> 01:37:59.120
 visual of what that proposed fence would look like there's that board on board

01:37:59.120 --> 01:38:03.480
 cedar fence and they are proposing as I said the three-story buildings with a

01:38:03.480 --> 01:38:08.160
 neutral color palette balconies or patios on 100% of the dwelling units

01:38:08.160 --> 01:38:12.440
 awnings decorative wall lighting and a variety of recesses and projections would

01:38:12.440 --> 01:38:17.480
 provide that changes in relief and reduce the visual bulk of those

01:38:17.480 --> 01:38:23.080
 buildings also the stairwells would be the visual of the visual impacts of

01:38:23.080 --> 01:38:30.240
 those stairwells would be minimized as part of the SUP they also would have to

01:38:30.240 --> 01:38:35.960
 if this was approved obtain approval from this Commission for an alternative

01:38:35.960 --> 01:38:40.560
 development plan because this was reviewed under the 2002 code that ADP

01:38:40.560 --> 01:38:45.400
 was a process within that 2002 code there are two provisions and in sub

01:38:45.400 --> 01:38:49.120
 chapter 13 those site design requirements that based upon their

01:38:49.120 --> 01:38:53.720
 submittal they they needed flexibility from one would be the private street

01:38:53.720 --> 01:38:57.000
 system they've got some tuck under garages and their buildings and so it

01:38:57.000 --> 01:39:02.440
 sort of reduces that that private street system the the street trees and that

01:39:02.440 --> 01:39:07.840
 that linear cohesive street system and then also where they're proposing those

01:39:07.840 --> 01:39:13.360
 garages on that south bond boundary once again they are going to be if approved

01:39:13.360 --> 01:39:18.800
 along poinsettia that allows that that more separation between the taller

01:39:18.800 --> 01:39:22.800
 three-story buildings and the adjacent residential properties that does not

01:39:22.800 --> 01:39:27.200
 meet the 2002 didn't development code so they're going to be asking for relief

01:39:27.200 --> 01:39:30.480
 from that from from the planning and zoning Commission it does meet the

01:39:30.480 --> 01:39:35.920
 criteria for approval so if this is approved it would come back to you as

01:39:35.920 --> 01:39:41.000
 part of the review of the the project they did submit a traffic impact analysis

01:39:41.000 --> 01:39:45.520
 and that was approved through our engineering group they provided trip

01:39:45.520 --> 01:39:51.040
 generation within that the subject property would generate about 1800

01:39:51.040 --> 01:39:57.600
 trips per a 24-hour day weekday morning peak would be 113 trips evening peak

01:39:57.600 --> 01:40:01.960
 would be 133 trips total build out of the property and that would include this

01:40:01.960 --> 01:40:07.520
 property as well as the commercial on the corner would be 3600 trips per day so

01:40:07.520 --> 01:40:12.520
 it would be a lot of trips at that corner at the TIA also analyze area

01:40:12.520 --> 01:40:17.960
 intersections and they give letter grades a to F on the delay that that

01:40:17.960 --> 01:40:23.800
 motorists experience at those intersections loop 288 and FM 428 is

01:40:23.800 --> 01:40:28.280
 probably no surprise that at some times and in some directions that intersection

01:40:28.280 --> 01:40:32.960
 has an F and in particular ramps with left turning movement so if you were

01:40:32.960 --> 01:40:38.240
 exiting the loop and maybe turning left onto FM 428 to go north that you would

01:40:38.240 --> 01:40:43.920
 experience a significant delay and that would be an F the the motorists just

01:40:43.920 --> 01:40:52.360
 staying on FM 428 experience less delay because of they don't have a signal

01:40:52.360 --> 01:40:56.880
 there this intersection has met the warrants for a signal for quite a while

01:40:56.880 --> 01:41:01.160
 and that is intended to be installed within the next six to eight months

01:41:01.160 --> 01:41:05.440
 engineering is aware of the concerns of this intersection is so is an interim

01:41:05.440 --> 01:41:10.760
 step they are going to be installing always stops pretty soon in December is

01:41:10.760 --> 01:41:14.880
 what they've what they've told me another intersection that they looked

01:41:14.880 --> 01:41:21.120
 out was FM 428 and poinsettia that westbound left turn lane left turn when

01:41:21.120 --> 01:41:25.040
 you think if you're on poinsettia and you're going turning left to get on to

01:41:25.040 --> 01:41:29.080
 Sherman that that would be the most difficult turning movement and it

01:41:29.080 --> 01:41:36.200
 creates significant delays that the the analysis of this intersection indicated

01:41:36.200 --> 01:41:41.160
 that that with with the build out of the area a signal is going to be warranted

01:41:41.160 --> 01:41:47.920
 in that location in the future now is an interim step the TIA recommended a

01:41:47.920 --> 01:41:52.400
 restriping of that intersection to allow that protected left to get to allow

01:41:52.400 --> 01:41:57.320
 some a little more free movement in that intersection there would also be

01:41:57.320 --> 01:42:01.840
 perimeter street improvements associated with the development if approved they

01:42:01.840 --> 01:42:09.120
 the developer would would construct a spur off of this loop 288 entrance ramp

01:42:09.120 --> 01:42:14.680
 that would then connect down to poinsettia providing that that circulation

01:42:14.680 --> 01:42:18.880
 pattern and it would be 25 feet of pavement that they would construct it

01:42:18.880 --> 01:42:24.480
 really is the beginning of a frontage road for loop 288 water and wastewater

01:42:24.480 --> 01:42:29.040
 are available however an extension of an 8-inch waterline would be required with

01:42:29.040 --> 01:42:35.160
 any improvements on loop 288 Waterworks Park is is is close to the subject

01:42:35.160 --> 01:42:39.520
 property but it is still 3,500 linear feet from the subject property and the

01:42:39.520 --> 01:42:45.680
 sidewalks are not great to get there so so the applicant is proposing those

01:42:45.680 --> 01:42:50.080
 on-site recreational facilities for the residents park dedication and

01:42:50.080 --> 01:42:54.440
 development fees would be required with development of the site it is near

01:42:54.440 --> 01:42:59.120
 Wilson Elementary Strickland Middle and Ryan High School according to DISD the

01:42:59.120 --> 01:43:02.640
 the elementary the number of elementary students generated by this would put it

01:43:02.640 --> 01:43:06.280
 put a strain on Wilson Elementary it's it's it's being reconstructed right now

01:43:06.280 --> 01:43:12.760
 but Strickland and Ryan have the capacity for additional students there was public

01:43:12.760 --> 01:43:16.760
 outreach associated with the proposal they did have a neighborhood meeting in

01:43:16.760 --> 01:43:21.800
 July 10 on July 10th of this year we did ask them to hold in a second

01:43:21.800 --> 01:43:27.040
 neighborhood meeting they did decline that and then there was there there was

01:43:27.040 --> 01:43:32.800
 a newspaper ad placed in in accordance with our regulations as well as postings

01:43:32.800 --> 01:43:37.160
 on the property and mailed notices we've received two letters in opposition

01:43:37.160 --> 01:43:41.600
 thus far those aren't within the 200 foot boundary of the subject property

01:43:41.600 --> 01:43:47.120
 and we've received one letter in favor so in work session we went over the

01:43:47.120 --> 01:43:50.480
 recommendation and it was a little confusing so I've tried to maybe clarify

01:43:50.480 --> 01:43:57.040
 it a bit we're gonna do it backwards this time so staff recommends approval

01:43:57.040 --> 01:44:00.840
 of a specific use permit with the following conditions that the landscape

01:44:00.840 --> 01:44:04.940
 in the landscaping in the attached landscape plan reflects that intent to

01:44:04.940 --> 01:44:09.560
 comply with the DDC requirements for the the parking landscaping street trees and

01:44:09.560 --> 01:44:14.240
 minimum landscaping tree canopy areas and compatible ability buffers minor

01:44:14.240 --> 01:44:18.680
 alterations to the depicted locations of individual plantings may be approved by

01:44:18.680 --> 01:44:22.600
 city staff provided that the final landscaping as planted complies with the

01:44:22.600 --> 01:44:27.000
 attached site plan in terms of buffer and open space locations as well as the

01:44:27.000 --> 01:44:33.320
 DDC parking area light fixtures can be determined at building permit but can't

01:44:33.320 --> 01:44:37.280
 exceed 14 feet in height we want to make sure the parking lot is well lit so that

01:44:37.280 --> 01:44:42.120
 it stays safe for the residents of of any community but we want to make sure

01:44:42.120 --> 01:44:45.920
 that it doesn't shine and become a nuisance on the adjacent residential

01:44:45.920 --> 01:44:50.720
 properties so we're recommending that height be limited at 14 feet and then

01:44:50.720 --> 01:44:55.800
 perimeter fencing materials as I said staff has concerns about that board on

01:44:55.800 --> 01:45:00.000
 board cedar so they would be limited to masonry or wrought iron and any wrought

01:45:00.000 --> 01:45:02.960
 iron fencing we want to make sure that still there's adequate screening so we're

01:45:02.960 --> 01:45:08.720
 requesting that that an additional hedge be placed be planted to to make sure

01:45:08.720 --> 01:45:13.840
 that there's adequate screening the fourth condition that within 30 days of

01:45:13.840 --> 01:45:18.880
 council approval that ADP for those two deviations would come back before the

01:45:18.880 --> 01:45:22.760
 the planning and zoning Commission and then notwithstanding the limited

01:45:22.760 --> 01:45:26.760
 administrative approvals in conditions 1 2 & 3 the city reserves the right to

01:45:26.760 --> 01:45:31.000
 require approval by ordinance of any amendments to the SUP the attached site

01:45:31.000 --> 01:45:37.120
 plan and the elements just described in the next section including those

01:45:37.120 --> 01:45:46.000
 reference it referenced in conditions 1 2 & 3 so the next section would be we're

01:45:46.000 --> 01:45:50.960
 really outlines kind of it provides a text support to the site plan and a

01:45:50.960 --> 01:45:56.520
 landscape plan and those elevations as we talked about in work session as as

01:45:56.520 --> 01:46:01.560
 these site plans are reproduced and shrunk they become really illegible so

01:46:01.560 --> 01:46:06.760
 this sort of just provides that tech support so as as you know future planners

01:46:06.760 --> 01:46:12.640
 look at this that they know what what was required so so this does put into

01:46:12.640 --> 01:46:19.020
 into this recommendation however that staff could approve a reduction in the

01:46:19.020 --> 01:46:24.160
 number of dwelling units or associated parking lots or lot coverage that that

01:46:24.160 --> 01:46:28.720
 if the if the project shrunk staff could could recommend or could approve that

01:46:28.720 --> 01:46:33.880
 but any increases over 5% would have to go back through the public hearing

01:46:33.880 --> 01:46:39.560
 process so staff could record could approve administratively a 5% increase I

01:46:39.560 --> 01:46:44.120
 did the math on it it would be 12 dwelling units essentially this this if

01:46:44.120 --> 01:46:48.660
 approved would give staff that that little bit of flexibility so that if some

01:46:48.660 --> 01:46:51.680
 things change that they wouldn't have to necessarily go back through the public

01:46:51.680 --> 01:46:56.560
 hearing process if the intensity of the project did not change but then it lays

01:46:56.560 --> 01:47:00.160
 out what they're proposing eight three-story buildings the amenity center

01:47:00.160 --> 01:47:03.720
 and clubhouse and the 19 accessory structures that includes both the

01:47:03.720 --> 01:47:12.960
 garages and carports 248 dwelling units 460 parking spaces lot coverage of 67%

01:47:12.960 --> 01:47:18.840
 and then those open spaces with 12 seating areas eight dogway stations 71

01:47:18.840 --> 01:47:22.240
 large can't large and medium canopy trees on that southern edge we want to

01:47:22.240 --> 01:47:26.640
 make sure that that we get that codified and then those sample belt building

01:47:26.640 --> 01:47:31.480
 elevations just with that neutral color palette and just kind of talking through

01:47:31.480 --> 01:47:36.320
 what those architectural design elements are so that's that is a staff

01:47:36.320 --> 01:47:41.400
 presentation the applicant is here and I will stand for any question we do have a

01:47:41.400 --> 01:47:47.160
 question thank you Julie Commissioner Beck yes thank you chair so on page 16 I

01:47:47.160 --> 01:47:53.000
 think it is the the yeah that's the one so their pool I just forgot to ask you

01:47:53.000 --> 01:47:57.480
 about this in work session their pool their little green space is in lieu of

01:47:57.480 --> 01:48:01.000
 the fact that they don't really have a 10-minute walk is that correct well and

01:48:01.000 --> 01:48:08.240
 and it isn't part of well it does it is for the benefit of their residents right

01:48:08.240 --> 01:48:13.640
 now there isn't a park within 10 minutes our parks department is actually

01:48:13.640 --> 01:48:17.840
 updating their parks master plan and that includes a trail system and so that is

01:48:17.840 --> 01:48:22.600
 part of their goal is to get that 10-minute walk to the park these these

01:48:22.600 --> 01:48:25.560
 holes where there's not that 10-minute walk to the park those are the areas

01:48:25.560 --> 01:48:29.240
 that they're going to be looking at adding additional parkland however you

01:48:29.240 --> 01:48:33.440
 know when as part of their development they are also adding those additional

01:48:33.440 --> 01:48:37.100
 amenities to provide those recreational activities for their for their

01:48:37.100 --> 01:48:42.440
 residents and on that same slide when you spoke with the district with the DISD

01:48:42.440 --> 01:48:47.360
 did they object or they simply said that would stress Wilson they just simply

01:48:47.360 --> 01:48:50.480
 said they would stress that they didn't provide an objection just that it would

01:48:50.480 --> 01:48:56.200
 it would stress Wilson elementary okay thank you sure Julie I have a couple of

01:48:56.200 --> 01:49:01.120
 questions just to clear up so the points that a restriping we talked about a bit

01:49:01.120 --> 01:49:05.520
 in work session is that something the applicant is going to do it would be

01:49:05.520 --> 01:49:09.920
 designed and and installed as part of the platting and development and it would

01:49:09.920 --> 01:49:13.560
 be something the applicant and it at what stage in the development would that

01:49:13.560 --> 01:49:17.160
 happen the design would happen during the civil engineering the review of the

01:49:17.160 --> 01:49:21.480
 civil plans for public improvements and then and then in terms of the timing of

01:49:21.480 --> 01:49:27.680
 the installation it would be either concurrent with or prior to development

01:49:27.680 --> 01:49:30.600
 of the side it would just depend on how that's structured with their hold

01:49:30.600 --> 01:49:35.720
 harmless and development agreements okay and then back to what you rewrote up

01:49:35.720 --> 01:49:42.240
 there can I can we go to that slide please I got close I think so I'm

01:49:42.240 --> 01:49:45.920
 assuming what you're trying to say is you'll staff will have the ability to

01:49:45.920 --> 01:49:51.920
 approve up to 5% otherwise is that correct yes okay that's how we have to

01:49:51.920 --> 01:49:58.320
 restate it then because it still reads greater than 5% which could be anything

01:49:58.320 --> 01:50:05.200
 yes I apologize nope just wanted to clarify all right staff shall have the

01:50:05.200 --> 01:50:13.280
 ability to prove up to 5% percent of anything the good thank you Julie I don't

01:50:13.280 --> 01:50:18.320
 see any questions at this time this is a public hearing I don't have any cards up

01:50:18.320 --> 01:50:27.280
 here but anyone wishing to speak may do so now anyone wishing to speak on this

01:50:27.280 --> 01:50:35.040
 item okay seeing none I will close the public hearing and open the floor to a

01:50:35.040 --> 01:50:40.000
 motion Commissioner Smith make a motion for to approve with staff recommendations

01:50:40.000 --> 01:50:48.000
 Commissioner Prunetta second the motion is there any discussion we have a motion

01:50:48.000 --> 01:50:53.720
 in a second on the floor to approve seeing no discussion I'll call for a

01:50:53.720 --> 01:51:08.880
 vote on the board that motion carries 6-0 that takes us to our next public

01:51:08.880 --> 01:51:17.520
 hearing item for DZ 1912 I will open the public hearing and invite Julie Wyatt

01:51:17.520 --> 01:51:39.100
 back up here for presentation all right this this next item is Z 1912

01:51:39.100 --> 01:51:45.560
 mockingbird single-family residential the request before you is the applicant

01:51:45.560 --> 01:51:50.880
 is requesting to rezone approximately 2.6 acres from our 2 district to our 4

01:51:50.880 --> 01:51:55.360
 district the subject property is outlined in yellow it's this flag shaped

01:51:55.360 --> 01:52:00.600
 area the surrounding development pattern includes existing suburban style

01:52:00.600 --> 01:52:06.280
 single-family neighborhoods there are some remaining larger parcels adjacent

01:52:06.280 --> 01:52:09.480
 to you and nearby you can see across Audre and then adjacent to the subject

01:52:09.480 --> 01:52:13.760
 property the majority of trees on the site are fence line trees particularly

01:52:13.760 --> 01:52:18.640
 in the southern edge of the site per the applicant the purpose is to develop 9

01:52:18.640 --> 01:52:25.200
 single-family residential dwellings the this map here shows the current zoning

01:52:25.200 --> 01:52:30.000
 map you could see the r2 district the subject property is is outlined in black

01:52:30.000 --> 01:52:34.960
 and then that that r2 district surrounding it r4 district is to the

01:52:34.960 --> 01:52:41.040
 west and south and east of the subject property the proposed zoning map would

01:52:41.040 --> 01:52:46.320
 extend that existing r4 into the subject property continuing that existing zoning

01:52:46.320 --> 01:52:54.320
 pattern the criteria for approval is in sub chapter 2 of the Denton development

01:52:54.320 --> 01:53:00.040
 code the 2019 Denton development code there are general and specific criteria

01:53:00.040 --> 01:53:04.320
 we won't go over all of them we're just going to go over some specific items for

01:53:04.320 --> 01:53:07.720
 the general we're really going to talk about numbers 3 & 8 talking about the

01:53:07.720 --> 01:53:12.920
 comprehensive plan and then adverse impacts and then for the specific

01:53:12.920 --> 01:53:18.680
 criteria we'll go a little more in depth and talk about more of those criteria so

01:53:18.680 --> 01:53:23.320
 first we're going to talk about general criterion 1 and in zoning criteria a

01:53:23.320 --> 01:53:27.920
 that that has to do with our comprehensive plan didn't plan 2030 the

01:53:27.920 --> 01:53:32.360
 site is designated low density residential that is intended for

01:53:32.360 --> 01:53:37.400
 single-family neighborhoods up to four dwelling units per acre the proposed r

01:53:37.400 --> 01:53:42.520
 4 district our our 2019 code kind of transitioned from what we what we

01:53:42.520 --> 01:53:47.320
 typically saw in the 2002 code are just those gross densities for single-family

01:53:47.320 --> 01:53:53.120
 neighborhoods now gone to a minimum lot size that r4 district permits a minimum

01:53:53.120 --> 01:53:58.080
 lot size of 7,000 square feet which if you just took the gross square footage

01:53:58.080 --> 01:54:03.320
 of 7,000 and applied that to the gross square footage of an acre you could get

01:54:03.320 --> 01:54:08.080
 about six lots into an acre but that wouldn't account for any right-of-way

01:54:08.080 --> 01:54:11.680
 dedication so you really couldn't get six lots in there but but when just

01:54:11.680 --> 01:54:16.120
 looking at that gross acreage it doesn't really precisely meet that low density

01:54:16.120 --> 01:54:22.840
 residential but because the comprehensive plan talks about infill

01:54:22.840 --> 01:54:27.640
 development and the need to the need to fill in that the interior parts of the

01:54:27.640 --> 01:54:35.280
 city and to to encourage that compact development pattern and reduce sprawl it

01:54:35.280 --> 01:54:43.760
 does meet the overall goals of the of the the comprehensive plan general

01:54:43.760 --> 01:54:49.080
 criterion for is is minimizing adverse impacts on the surrounding property r4

01:54:49.080 --> 01:54:53.360
 is consistent with the surrounding existing neighborhoods in both use and

01:54:53.360 --> 01:54:59.720
 development scale it is not anticipated to create adverse impacts we did kind of

01:54:59.720 --> 01:55:02.960
 an analysis of what was surrounding particularly those areas that had been

01:55:02.960 --> 01:55:08.720
 platted and developed in the last three decades or so and those lot sizes those

01:55:08.720 --> 01:55:11.680
 are typically single-family neighborhoods with lot sizes ranging

01:55:11.680 --> 01:55:16.440
 anywhere from about 6,000 square feet to about 7,500 square feet so so the

01:55:16.440 --> 01:55:21.280
 minimum lot size in our four of 7,000 square feet is about in the middle of

01:55:21.280 --> 01:55:26.800
 that so it is consistent with that that development pattern and then also they

01:55:26.800 --> 01:55:31.660
 are proposing the single-family uses we talked about in work session that there

01:55:31.660 --> 01:55:36.360
 are additional uses that could be permitted with a specific use permit in

01:55:36.360 --> 01:55:42.920
 r4 a specific use permit would require an additional application from from the

01:55:42.920 --> 01:55:48.680
 developer and or the property owner and it would require a recommendation from

01:55:48.680 --> 01:55:51.920
 the planning and zoning Commission after a public hearing and approval from

01:55:51.920 --> 01:55:56.600
 council so it would add additional scrutiny for any duplexes or town homes

01:55:56.600 --> 01:56:01.400
 so but but single-family houses are permitted by right an expansion of the

01:56:01.400 --> 01:56:05.840
 existing r4 district is really just a logical extension of this existing zoning

01:56:05.840 --> 01:56:12.800
 pattern as you can see this is that just a zoomed out view of the area you could

01:56:12.800 --> 01:56:17.520
 see how this r4 is kind of this beige color this really does just extend it

01:56:17.520 --> 01:56:27.120
 and kind of just just continue that that pattern zoning criterion C is consistent

01:56:27.120 --> 01:56:31.320
 with consistency with the purpose statement the r4 district is intended to

01:56:31.320 --> 01:56:35.940
 accommodate a variety of housing types on lots encouraged to design to encourage

01:56:35.940 --> 01:56:41.140
 walking and to neighborhoods serving retail and other amenities and parks

01:56:41.140 --> 01:56:46.360
 such as parks and school facilities the request is consistent with the purpose

01:56:46.360 --> 01:56:49.600
 statement as the applicant has stated the intent is to develop single-family

01:56:49.600 --> 01:56:53.360
 dwellings once again town homes and duplexes would require the additional

01:56:53.360 --> 01:56:57.240
 approval from council through the public hearing process and multi-family

01:56:57.240 --> 01:57:01.440
 dwellings because it was something that came up a lot when when I heard from the

01:57:01.440 --> 01:57:06.600
 surrounding residents they are not permitted in r4 that that use is not a

01:57:06.600 --> 01:57:13.200
 permitted use even with an SUP zoning criteria E and F talks about the

01:57:13.200 --> 01:57:17.640
 intensity of the development and that it's not expected to and create

01:57:17.640 --> 01:57:22.240
 significantly adverse impacts to surrounding properties or neighborhood we

01:57:22.240 --> 01:57:26.560
 analyze the the public infrastructure you know this is an infill area so that

01:57:26.560 --> 01:57:30.680
 there are existing roads and water and wastewater water surrounding the

01:57:30.680 --> 01:57:36.200
 property as far as from transportation due to the limited number of houses that

01:57:36.200 --> 01:57:41.000
 they could get on the property with the with the dimensional requirements in the

01:57:41.000 --> 01:57:48.120
 of our seven it it would generate about 90 trips per day which would not which

01:57:48.120 --> 01:57:53.520
 would not trigger a TIA however if they if this was approved and they did move

01:57:53.520 --> 01:57:59.040
 forward with development roadway impact fees would be would be required at

01:57:59.040 --> 01:58:03.760
 development of the site there's water and wastewater available to the site and

01:58:03.760 --> 01:58:09.280
 tap and impact fees would once again be be required with development the subject

01:58:09.280 --> 01:58:13.480
 properties about a mile from Milan Park and Park dedication and development fees

01:58:13.480 --> 01:58:18.720
 would be paid with the platting and building permits public outreach for the

01:58:18.720 --> 01:58:22.240
 for the development included the applicant did hold a neighborhood

01:58:22.240 --> 01:58:28.920
 meeting they had about five residents attend and they talked about things like

01:58:28.920 --> 01:58:35.880
 tree preservation as well as driveway spacing or I'm sorry access spacing from

01:58:35.880 --> 01:58:43.200
 the odder intersection there was also staff was placed the newspaper ad in

01:58:43.200 --> 01:58:47.840
 accordance with our regulations as well as the notices and then that were mailed

01:58:47.840 --> 01:58:52.640
 to properties within 200 and 500 feet and then there was sign a sign posted on

01:58:52.640 --> 01:58:57.040
 the property we've received nine responses in opposition for within that

01:58:57.040 --> 01:59:03.360
 200 foot boundary and you can see them shown here we have not received any in

01:59:03.360 --> 01:59:09.320
 favor or any neutral so based upon the criteria for approval staff recommends

01:59:09.320 --> 01:59:13.000
 approval of the request the applicant is here and I'll be happy to stand for any

01:59:13.000 --> 01:59:17.720
 questions we do have a question Commissioner Beck yes thank you chair so

01:59:17.720 --> 01:59:24.880
 I'm not sure if this is a city or legal question but if we in can we have

01:59:24.880 --> 01:59:33.880
 language in a recommendation that discourages anything other than single

01:59:33.880 --> 01:59:41.180
 family I know the zoning allows for uses other than single family but can we be

01:59:41.180 --> 01:59:50.760
 on record as saying we discourage that or is that just simply not allowed it's

01:59:50.760 --> 01:59:55.560
 nothing that we couldn't enforce it would just be a suggestion and there I

01:59:55.560 --> 02:00:02.440
 don't know that it would really mean any or carry any any weight with respect to

02:00:02.440 --> 02:00:07.960
 it it's not it's not something that would it would just be I guess text in

02:00:07.960 --> 02:00:11.720
 there that would wouldn't mean anything other than it's discouraged but they

02:00:11.720 --> 02:00:16.380
 would still have to go through a public a public hearing process for anything

02:00:16.380 --> 02:00:19.720
 other than single family so it would come back in front of this board I'm

02:00:19.720 --> 02:00:23.800
 sorry this Commission for for review and recommendation and ultimately the City

02:00:23.800 --> 02:00:30.440
 Council it would get noticed just like a rezoning case okay thank you but what we

02:00:30.440 --> 02:00:38.800
 are voting on tonight is the request is to rezone to our four okay Julie at this

02:00:38.800 --> 02:00:44.600
 time I don't see any more questions thank you okay do you have several cards

02:00:44.600 --> 02:00:52.320
 on this item and the first one I have is the applicant I will call up Amy Bissett

02:00:52.320 --> 02:01:02.080
 good evening commissioners give me just a moment to pull up my presentation it's

02:01:02.080 --> 02:01:06.040
 brief but I do want to be able to show you a few things

02:01:15.160 --> 02:01:20.680
 my name is Amy Bissett I am with Northbridge consultants 212 South Elm

02:01:20.680 --> 02:01:25.400
 Street here in Denton I represent the applicant and the property owner who is

02:01:25.400 --> 02:01:29.840
 here in the room tonight and can also be available to answer any questions we

02:01:29.840 --> 02:01:34.840
 also have the engineer in the room as well and as Julie has already shared

02:01:34.840 --> 02:01:39.080
 with you I'm going to be very brief with this the applicant does intend to

02:01:39.080 --> 02:01:44.520
 subdivide into nine lots they're generous sized lots currently 7,000

02:01:44.520 --> 02:01:51.260
 square feet to 8,800 almost 9,000 square feet with a private street that has no

02:01:51.260 --> 02:01:56.840
 connectivity into the adjacent adjacent neighborhoods and it would be HOA

02:01:56.840 --> 02:02:02.280
 maintained both the street and the detention pond and common areas and we

02:02:02.280 --> 02:02:07.160
 did hold two neighborhood meetings including one in October where we had

02:02:07.160 --> 02:02:12.480
 five neighbors in attendance at that point in time two concept plans were

02:02:12.480 --> 02:02:19.760
 presented to the neighbors and they did vote essentially and agree on one of the

02:02:19.760 --> 02:02:25.160
 concept plans which is what the property owner intends to do I will walk you

02:02:25.160 --> 02:02:29.360
 through it very briefly and point out the reasons that they liked this plan

02:02:29.360 --> 02:02:34.080
 better than the other one that was presented the first is that the lot

02:02:34.080 --> 02:02:41.200
 depth of the southern lots lots number five and six on the screen and is 140

02:02:41.200 --> 02:02:46.160
 feet what that does for the neighbors to the south is provide additional privacy

02:02:46.160 --> 02:02:52.760
 in that they're essentially one neighbor from their backyard rather than more

02:02:52.760 --> 02:02:58.000
 than one and you can see where I have kind of darkened the property lines to

02:02:58.000 --> 02:03:04.400
 the south it is our four just to the south of this this particular neighborhood

02:03:04.400 --> 02:03:12.040
 to the north and it is r2 above this property and the very intentionally on

02:03:12.040 --> 02:03:16.320
 this concept plan the access drive as well as the detention pond and the

02:03:16.320 --> 02:03:20.440
 common areas have been placed to the north in order to provide a buffer to

02:03:20.440 --> 02:03:26.680
 the residents to the north the the residents prefer preferred private

02:03:26.680 --> 02:03:32.240
 street versus a public right-of-way in order to minimize traffic and so that's

02:03:32.240 --> 02:03:39.240
 how the concept plan is being designed currently and then and there was a very

02:03:39.240 --> 02:03:44.800
 intentional decision to increase both the width and the depth of the lots to

02:03:44.800 --> 02:03:49.480
 preserve to create an opportunity to preserve the trees along the fence line

02:03:49.480 --> 02:03:54.360
 on both the eastern side and the southern side of the property and that's

02:03:54.360 --> 02:03:58.480
 where most of the trees lie a tree preservation plan will be required at

02:03:58.480 --> 02:04:02.000
 platting and there will be tree preservation required so this just

02:04:02.000 --> 02:04:09.280
 affords plenty of room to make sure that that privacy is maintained I do want to

02:04:09.280 --> 02:04:13.840
 point out and as Julie did but I want to kind of put a little bit of perspective

02:04:13.840 --> 02:04:20.640
 on it you can see the the red star which is where our property is located I want

02:04:20.640 --> 02:04:25.080
 to kind of give you the perspective of where this is in the city so you've got

02:04:25.080 --> 02:04:30.120
 mingo Road to the north loop take 288 to the east and McKinney to the south in

02:04:30.120 --> 02:04:34.800
 terms of the boundaries so you can view this as a segment or a quadrant of the

02:04:34.800 --> 02:04:39.840
 city and you can see that the majority of what's here today is already zoned are

02:04:39.840 --> 02:04:44.520
 four in fact I went through and kind of highlighted it for you to see you know

02:04:44.520 --> 02:04:48.840
 it's it is most certainly the existing development pattern today and while

02:04:48.840 --> 02:04:53.600
 there is some lower density are to primarily to the north of this property

02:04:53.600 --> 02:04:58.680
 and this is definitely consistent with the pattern that has developed today and

02:04:58.680 --> 02:05:03.600
 it is an infill development so developing in a compact way is

02:05:03.600 --> 02:05:09.400
 consistent with the Denton plan and then I also pulled the the future land use

02:05:09.400 --> 02:05:14.720
 plan to show that what's designated as low density residential on the future

02:05:14.720 --> 02:05:22.000
 land use plan encompasses all of that are for today and technically are for

02:05:22.000 --> 02:05:26.000
 would be considered low density although it's probably at the very top end of

02:05:26.000 --> 02:05:32.280
 that and our actual density would be about 3.46 units per acre based on the

02:05:32.280 --> 02:05:37.680
 proposal and I do recognize that there were concerns raised during the work

02:05:37.680 --> 02:05:42.680
 session today and I want to address those directly I I recognize that the

02:05:42.680 --> 02:05:47.520
 concern primarily is that the property owner can come in and rezone as are for

02:05:47.520 --> 02:05:53.000
 today and then come back with a proposal for town homes or duplexes or something

02:05:53.000 --> 02:05:58.760
 that is a higher density than what's being presented here and the what would

02:05:58.760 --> 02:06:03.240
 be required for the for the developer or the property owner to do that would be

02:06:03.240 --> 02:06:08.440
 to come back for a specific use permit which is the exact same process that

02:06:08.440 --> 02:06:12.800
 we're undergoing tonight for a zoning change comes to public hearing we'd be

02:06:12.800 --> 02:06:16.200
 back here in front of you being held accountable for the fact that we said

02:06:16.200 --> 02:06:20.360
 we were gonna put in nine lots and now we're proposing something different you

02:06:20.360 --> 02:06:25.480
 would look back at us and say we told you we didn't want that and so it is not

02:06:25.480 --> 02:06:29.560
 only just a public hearing process just like tonight but it's under much more

02:06:29.560 --> 02:06:35.360
 scrutiny than tonight because in order to apply for a specific use permit we

02:06:35.360 --> 02:06:39.320
 would have to do a traffic impact analysis and show the impact that we're

02:06:39.320 --> 02:06:44.440
 having to all of the infrastructure in the in the surrounding area we'd have to

02:06:44.440 --> 02:06:50.080
 be able to show that our density could be supported in terms of the traffic and

02:06:50.080 --> 02:06:55.520
 as you can see we've got one way in and out here and low density surrounding us

02:06:55.520 --> 02:07:00.560
 and the the density and the scale would be looked at the height would be looked

02:07:00.560 --> 02:07:06.760
 at and I would have to stand up here and justify all of that for you this is a

02:07:06.760 --> 02:07:13.120
 2.6 acre lot there's really not room here to do anything other than a handful

02:07:13.120 --> 02:07:22.400
 of single-family lots we do have some conceptual elevations this is what the

02:07:22.400 --> 02:07:27.280
 property owner and developer envisions just generally speaking in terms of a

02:07:27.280 --> 02:07:33.920
 range of housing options from 2,000 square feet and up and with that I will

02:07:33.920 --> 02:07:49.400
 be happy to answer any questions I have one Amy um how would our three change

02:07:49.400 --> 02:08:01.920
 this I think that it would probably lower the number of lots that the property

02:08:01.920 --> 02:08:06.240
 owner would like to be able to do and you know this is a very small development

02:08:06.240 --> 02:08:12.080
 and that just the infrastructure to put in the scroll back up here now you've

02:08:12.080 --> 02:08:15.720
 got a significant amount of infrastructure here to support nine lots

02:08:15.720 --> 02:08:21.120
 already with the private drive in and the in the private street and then the

02:08:21.120 --> 02:08:27.040
 required detention pond and I just don't know financially whether or not it would

02:08:27.040 --> 02:08:32.940
 work if if the costs associated with providing the access and the drainage

02:08:32.940 --> 02:08:38.560
 for the development would support the number of lots that are three would

02:08:38.560 --> 02:08:42.600
 allow but we do have the engineer as well as the property owner here that

02:08:42.600 --> 02:08:46.040
 might be able to want maybe want to speak to that directly yeah and the reason for

02:08:46.040 --> 02:08:48.320
 my question is really just neighborhood protection I'm not worried about

02:08:48.320 --> 02:08:52.440
 necessarily you may be changing your concept but if for some reason the

02:08:52.440 --> 02:08:56.560
 project didn't make in that it sells and it's in our for designation that's what

02:08:56.560 --> 02:09:01.040
 we're voting on here so yeah if anyone wants to speak to that that would be

02:09:01.040 --> 02:09:08.640
 great also I had a question regarding you want with Allison engineering group

02:09:08.640 --> 02:09:11.960
 and when we first looked at this property and we were considering our four

02:09:11.960 --> 02:09:16.840
 that was back when we were at the four units per acre density and over to two

02:09:16.840 --> 02:09:21.400
 point six acres we were looking at ten units and the property owner thought

02:09:21.400 --> 02:09:25.520
 that ten was gonna be really tough to be able to make a profitable development

02:09:25.520 --> 02:09:31.200
 out here once we said okay well we're we're no longer density based zoning

02:09:31.200 --> 02:09:35.600
 we're now going to the minimum lot size I can't get you ten I mean that's what

02:09:35.600 --> 02:09:39.080
 he wanted me to do he wanted me to get ten because that's what he was hoping

02:09:39.080 --> 02:09:44.760
 for within our four zoning the best I could get out of here was nine and part

02:09:44.760 --> 02:09:48.800
 of why we did and Amy touched on this part of why we presented the private

02:09:48.800 --> 02:09:54.400
 street concept with a slightly smaller road section a more of a fire lane

02:09:54.400 --> 02:09:58.520
 concept is it allowed the lots to remain larger still doesn't get us a tenth lot

02:09:58.520 --> 02:10:02.520
 which is what we would have loved to have been able to get but it lets these

02:10:02.520 --> 02:10:12.880
 lots really feel generously sized so the nine lots in a 2.6 acre tract nine homes

02:10:12.880 --> 02:10:19.960
 on a 2.6 acre tract is really the it's kind of the least we need to make this

02:10:19.960 --> 02:10:24.800
 development feasible so that's why we have what we are presenting in front of

02:10:24.800 --> 02:10:28.880
 you okay thank you yeah there's another question that sure it's for

02:10:28.880 --> 02:10:33.320
 Commissioner Smith yeah thanks vice chair Jason Amy have we looked on this

02:10:33.320 --> 02:10:36.640
 problem it's a private street but but for fire and emergency services getting

02:10:36.640 --> 02:10:40.760
 in and out of there it's a one way in one way out so that gives me with the

02:10:40.760 --> 02:10:44.080
 appropriate fire turn around we'll turn around there but I didn't know how wide

02:10:44.080 --> 02:10:47.640
 those those streets were gonna be it's set up for fire lane requirements what

02:10:47.640 --> 02:10:51.640
 the city didn't fire lane requirements is again we we are not we haven't run

02:10:51.640 --> 02:10:58.240
 that by for approval yeah we do that at a time of platting right so and not to

02:10:58.240 --> 02:11:01.560
 think that you guys would just that if that I would hate for the city to come

02:11:01.560 --> 02:11:04.480
 back and say no those aren't wide enough right and then that ruins

02:11:04.480 --> 02:11:07.720
 engineering and the plan then the development falls through and now we've

02:11:07.720 --> 02:11:13.020
 got an r4 zone area we do have we do have a second concept with the 60 foot

02:11:13.020 --> 02:11:16.680
 right-of-way which is a local street with the very large cul-de-sac at the

02:11:16.680 --> 02:11:22.000
 end and we're still able to maintain our nine lots it just those the four lots on

02:11:22.000 --> 02:11:28.240
 the west side there they shrink and so instead of being the the eight thousand I

02:11:28.240 --> 02:11:31.640
 can't see that far away eighty six hundred square feet they shrink down to

02:11:31.640 --> 02:11:35.280
 seventy two hundred seventy four hundred square feet and so that's where the

02:11:35.280 --> 02:11:39.720
 that's where the extra space for the right-of-way there is a plan B exactly

02:11:39.720 --> 02:11:44.960
 city street full cul-de-sac 60 foot right-of-way something something still

02:11:44.960 --> 02:11:53.960
 nine lots exactly thank you commissioner Anderson this says private streets are

02:11:53.960 --> 02:11:57.320
 these gonna be dedicated to the city or who's gonna maintain the streets if it

02:11:57.320 --> 02:12:01.720
 goes the private street it would be HOA maintained just like the HOA common lot

02:12:01.720 --> 02:12:06.680
 that has the it's labeled up there detention pond and then just the

02:12:06.680 --> 02:12:09.560
 landscaping in the common area a lot would all be HOA maintained so there

02:12:09.560 --> 02:12:14.040
 would be nine owners participants in a homeowners Association but they're built

02:12:14.040 --> 02:12:22.320
 a city code built a city code okay Amy you might be able to answer the other

02:12:22.320 --> 02:12:27.680
 question that I had it had to do with there's a structure on the lot like in

02:12:27.680 --> 02:12:32.800
 that panhandle area does that belong to the house that it sits behind or does

02:12:32.800 --> 02:12:36.680
 that actually belong on this property

02:12:40.320 --> 02:12:45.400
 sir can you come to the podium please thank you

02:12:45.400 --> 02:12:54.120
 believe it's a storage shed that belongs to the property does it belong to your

02:12:54.120 --> 02:12:58.600
 property so it's not that person that okay that's what I want to know if they

02:12:58.600 --> 02:13:05.440
 were affected thank you very much okay I don't see any other questions at this

02:13:05.440 --> 02:13:12.920
 time thank you I do have other cards wishing to speak the first one I have

02:13:12.920 --> 02:13:18.160
 speaking in opposition is Jose Montoya

02:13:18.160 --> 02:13:32.600
 haven't lived in the area for over 30 years sir if you could say your name and

02:13:32.600 --> 02:13:37.480
 address for the record 3,000 eight Beverly right on the corner one up from

02:13:37.480 --> 02:13:45.760
 the 133 feet that was mentioned earlier thank you on your proposed access I'm

02:13:45.760 --> 02:13:49.760
 glad to see that you decided to go to Audreau however Audreau is already

02:13:49.760 --> 02:13:55.440
 narrow what are the plans to widen that would be one the other is there are no

02:13:55.440 --> 02:14:00.520
 sidewalks so if you're talking about making it user-friendly you'd have to

02:14:00.520 --> 02:14:07.200
 redo the last part of Mockingbird to Audreau to make it walkable there is a

02:14:07.200 --> 02:14:14.280
 house across the street from mine Katie corner I'm wondering is that part of the

02:14:14.280 --> 02:14:20.160
 long-range plan to have that I buy out because then you would increase the size

02:14:20.160 --> 02:14:25.720
 of your 2.6 to over 3 which means more houses across the street from mine I

02:14:25.720 --> 02:14:34.680
 already collect cities neighbors trash on my property since I'd have a fence

02:14:34.680 --> 02:14:40.040
 area they decide to dump their trash there I would like to see it if you're

02:14:40.040 --> 02:14:46.200
 going to have the same kind of development with only nine lots have it

02:14:46.200 --> 02:14:50.960
 maintained so it does not deter from the rest of the neighborhood we have

02:14:50.960 --> 02:14:55.920
 elderly people living in the area who walk and would like to maintain that same

02:14:55.920 --> 02:15:04.200
 walking area thank you Richard can you address it all future Mockingbird in

02:15:04.200 --> 02:15:11.840
 that there do you have any of that information or maybe Julie I'm not aware

02:15:11.840 --> 02:15:24.480
 of any plans right now to improve Mockingbird okay thank you next card I

02:15:24.480 --> 02:15:43.000
 have speaking in opposition is Teddy Williams I live at 3204 and it's the lane

02:15:43.000 --> 02:15:48.640
 and bear with me because I've never done this before okay I need to ask you a

02:15:48.640 --> 02:15:51.720
 question because I'm lost I've been trying to follow this and I've been to

02:15:51.720 --> 02:15:56.400
 all the meetings and the story has changed why does it need to go from our

02:15:56.400 --> 02:16:00.920
 two to our four if he only intends to build nine houses I'm trying to

02:16:00.920 --> 02:16:06.440
 understand that it has to do with parameters in the development code so in

02:16:06.440 --> 02:16:13.320
 order to build the nine houses it has to be a r4 per the engineer but what about

02:16:13.320 --> 02:16:23.280
 part of the city well the city follows the development go ahead Julie I think I

02:16:23.280 --> 02:16:28.160
 can answer that so under current zoning the minimum lot size was would be 16,000

02:16:28.160 --> 02:16:35.400
 square feet so they're proposing the r4 to to to develop with those 7,000 square

02:16:35.400 --> 02:16:38.860
 foot lot so it's depending on the lot size

02:16:42.860 --> 02:16:48.720
 okay so the other thing I need to before I the other thing is I want to know if

02:16:48.720 --> 02:16:54.280
 everything falls through and he sells and this is our and y'all vote for it to

02:16:54.280 --> 02:17:00.240
 be an r4 does that mean that townhomes apartments and all that can come in

02:17:00.240 --> 02:17:05.960
 because that's a major concern the r4 designation does allow duplexes town

02:17:05.960 --> 02:17:11.760
 homes group home with with a specific use permit that would have to come back

02:17:11.760 --> 02:17:15.960
 before planning and zoning in City Council

02:17:15.960 --> 02:17:25.120
 well it'd be a public hearing process okay so right now I guess what I'm

02:17:25.120 --> 02:17:28.740
 understanding because in all in the other two meetings I've heard two

02:17:28.740 --> 02:17:33.960
 different things right now he is proposing and you guys would agree to

02:17:33.960 --> 02:17:39.360
 nine houses am I understanding that correctly what we are considering today

02:17:39.360 --> 02:17:47.440
 is simply the rezoning of from r2 to r4 that is all that our vote is today what

02:17:47.440 --> 02:17:52.600
 we're seeing from the applicant is the concept plan that they have in mind to

02:17:52.600 --> 02:17:57.760
 develop if they get the rezoning a request okay well what earlier gentleman

02:17:57.760 --> 02:18:03.680
 said was true it's dangerous there's no sidewalks on Audra there's barely there's

02:18:03.680 --> 02:18:08.840
 no sidewalks where he's proposing to build so it's really not going to be

02:18:08.840 --> 02:18:15.420
 safe for the children or the elderly okay there's r4 was intended to

02:18:15.420 --> 02:18:21.800
 encourage walking to parks and retail from what I understand there's no park

02:18:21.800 --> 02:18:27.400
 some mile away so it'd be really tough for a five-year-old to to walk that far

02:18:27.400 --> 02:18:33.760
 there's no stores so I'm trying to understand the concept of why it needs

02:18:33.760 --> 02:18:40.680
 to be r4 it's not safe Mockingbird is dangerous and Audra is dangerous enough

02:18:40.680 --> 02:18:47.360
 as it is there's no police enforcement people go 40 and 50 miles an hour down a

02:18:47.360 --> 02:18:57.080
 30 mile an hour street I'm on it every day I see it it and to add if he put in

02:18:57.080 --> 02:19:03.600
 let's just say nine houses to start with that's probably going to be at least 30

02:19:03.600 --> 02:19:09.200
 at least 30 cars because they're going to have teenagers at least 30 to 60 more

02:19:09.200 --> 02:19:15.080
 cars on two streets that are already overused I don't know if I'm saying that

02:19:15.080 --> 02:19:23.520
 right but it it's just dangerous it's not and if you add more then none of us

02:19:23.520 --> 02:19:28.640
 are going to be safe and like he said there's elderly there's young kids I

02:19:28.640 --> 02:19:34.200
 watch the kids standing watch waiting for the buses on the street already people

02:19:34.200 --> 02:19:41.320
 come flying down that street the stop sign is not even very far from where the

02:19:41.320 --> 02:19:47.080
 original entrance was intended I don't know where it's going to be now I watch

02:19:47.080 --> 02:19:52.200
 people slam on their brakes as it is now I can only imagine what it's going to be

02:19:52.200 --> 02:19:58.480
 like if we have tons more people move in so I don't I mean I just I don't

02:19:58.480 --> 02:20:01.960
 understand because if our floor was really intended to encourage these

02:20:01.960 --> 02:20:06.360
 things they don't exist we don't have a school that close we don't have any

02:20:06.360 --> 02:20:15.360
 retail I don't even I don't understand why it needs to be rezoned it was a I

02:20:15.360 --> 02:20:21.000
 moved in because it was a quiet safe neighborhood and it seems like it's

02:20:21.000 --> 02:20:29.160
 going to change and that's pretty scary so I don't know I that's just my thought

02:20:29.160 --> 02:20:33.520
 and we absolutely appreciate you sharing your comments thank you for listening of

02:20:33.520 --> 02:20:43.480
 course thank you okay the next card I have speaking in opposition is BJ

02:20:43.480 --> 02:20:56.080
 Edwards good evening if you could state your name and address yes beat BJ

02:20:56.080 --> 02:21:03.000
 Edwards $2,000 lane Denton thank you my family has some property adjacent to

02:21:03.000 --> 02:21:09.840
 this we do oppose the zone change I understand that our for is all that

02:21:09.840 --> 02:21:14.280
 other base creeping right in and going further north and let's go ahead and

02:21:14.280 --> 02:21:21.400
 suck that up to R2 is fine the developer the purchaser bought it to

02:21:21.400 --> 02:21:26.080
 make money to put as many addresses in there as he can whether he stacks them

02:21:26.080 --> 02:21:37.120
 up or spreads them out and I oppose that and I think I've my family has the

02:21:37.120 --> 02:21:42.880
 entire East boundary of this development and then some but as the lady was

02:21:42.880 --> 02:21:47.680
 speaking over here on their drive their approach in and out there's a three-way

02:21:47.680 --> 02:21:51.960
 stop sign right there that is there's always Rex right there and there's

02:21:51.960 --> 02:21:56.880
 probably not 200 feet from that driveway to the three-way stop there's just that

02:21:56.880 --> 02:22:04.000
 one house there on that corner but I oppose it and I'm definitely afraid of

02:22:04.000 --> 02:22:09.720
 changing the zoning so they can come back later and ask for another one and

02:22:09.720 --> 02:22:14.560
 end up sticking those apartments in there we've got a quiet neighborhood and

02:22:14.560 --> 02:22:20.680
 there's no crime to speak of in that area you go down into the R4 areas and

02:22:20.680 --> 02:22:30.560
 the crime picks up we don't it's quite nice there now I do oppose it in the

02:22:30.560 --> 02:22:35.280
 tension pond right there I think that is for if we have rain and stuff this has

02:22:35.280 --> 02:22:39.560
 always been a flood area in the photo if you can see there's a terrace there to

02:22:39.560 --> 02:22:47.640
 deflect the water from flooding so it doesn't run exactly the way that

02:22:47.640 --> 02:22:53.080
 detention pond is it'll probably be a continuing problem and the little bit of

02:22:53.080 --> 02:22:56.560
 trees and stuff that we have there in that fence line we'd sure like to keep

02:22:56.560 --> 02:23:05.000
 them some of those pecan trees and stuff for 100 plus years old I do oppose it I

02:23:05.000 --> 02:23:12.240
 know it won't be safe I feel like the crime will go up in that area as far as

02:23:12.240 --> 02:23:18.320
 foot traffic and stuff we do have a lot of people around there young and old and

02:23:18.320 --> 02:23:22.800
 they feel pretty safe right now and I'm just afraid it's the more addresses we

02:23:22.800 --> 02:23:26.960
 stick in there and they they're saying nine now but you know if you have to

02:23:26.960 --> 02:23:31.880
 guard down that nine could jump into 40 pretty quick when they go to multi

02:23:31.880 --> 02:23:37.320
 dwellings and that's the whole concept is to get more addresses multi-family

02:23:37.320 --> 02:23:43.760
 dwellings are not allowed in in our four zoning district well what was it they

02:23:43.760 --> 02:23:49.000
 could come back later and ask for the what town homes and duplexes are allowed

02:23:49.000 --> 02:24:02.840
 yeah and how many is there would it only be nine I just feel like if it's done

02:24:02.840 --> 02:24:08.840
 that's a bait and switch I just don't trust it I do totally oppose I thank you

02:24:08.840 --> 02:24:13.200
 folks for letting me speak my piece I am worried about the crime I'm worried

02:24:13.200 --> 02:24:18.280
 about the theft the theft rate will go up the more people you cram into a small

02:24:18.280 --> 02:24:22.960
 area right now we've got a nice boundary where all those larger lots you're

02:24:22.960 --> 02:24:30.160
 talking about are still are too but they're being sucked up by our four we'd

02:24:30.160 --> 02:24:34.120
 like to kind of keep it that way if we can if we have a say so it at all if

02:24:34.120 --> 02:24:38.440
 we're being if we're being heard I don't know if this is just a formality

02:24:38.440 --> 02:24:43.720
 and we already know what we're going to do there or not I know how things go

02:24:43.720 --> 02:24:50.080
 thank you for allowing me to speak if you have any questions for me or I'll

02:24:50.080 --> 02:24:55.240
 just go sit down I do not see any questions at this moment thank you thank

02:24:55.240 --> 02:25:02.920
 you for coming out I do have another card here wishing to speak in opposition

02:25:02.920 --> 02:25:24.120
 Carol Coulter you take your time Carol Coulter I live at 2913 Howard Court which

02:25:24.120 --> 02:25:32.200
 is about three blocks away from from the site we're talking about and I'm also

02:25:32.200 --> 02:25:39.920
 here to represent mrs. Victoria Pena whose property is most of the property

02:25:39.920 --> 02:25:49.440
 on the west side of this side that we've been talking about so I just have to say

02:25:49.440 --> 02:25:55.280
 that we love our little pasture over there it has been there for a long time

02:25:55.280 --> 02:26:01.840
 it's got beautiful trees it's got a beautiful view and and I hate to see it

02:26:01.840 --> 02:26:07.200
 go but I know that it's one of those things that progress comes along I am

02:26:07.200 --> 02:26:15.120
 opposed because I feel that we do have a big problem on Audra we have a big

02:26:15.120 --> 02:26:21.040
 problem on mockingbird I've been out gathering signatures for opposition and

02:26:21.040 --> 02:26:27.200
 I've been almost run over several times just because there's no sidewalk at all

02:26:27.200 --> 02:26:32.480
 so when you walk along there you take your life in your hands believe me but

02:26:32.480 --> 02:26:39.400
 it was worth it I was very in impressed to do this and I feel that it's very

02:26:39.400 --> 02:26:49.100
 important if we're going to have to have houses there I want it to be a as few as

02:26:49.100 --> 02:26:55.400
 possible and so if we do two to an acre instead of four to an acre I think it

02:26:55.400 --> 02:27:01.720
 will make the neighborhood much nicer and less dense and I'm not for the

02:27:01.720 --> 02:27:11.400
 density I am a longtime neighbor I've lived in the neighborhood 30 years and I

02:27:11.400 --> 02:27:18.240
 know that change is coming but I hope that the change would include lots of

02:27:18.240 --> 02:27:24.200
 improvements for the road and for the traffic that is this is going to

02:27:24.200 --> 02:27:30.920
 generate more if we do go to this to the fore then it opens the door I agree with

02:27:30.920 --> 02:27:35.640
 the gentleman who just spoke it opens the door so that if we talk about town

02:27:35.640 --> 02:27:39.840
 homes or if we talk about new plexus that's going to be more traffic on on

02:27:39.840 --> 02:27:46.040
 our road I want to make one more point that has a positive and a negative and

02:27:46.040 --> 02:27:53.280
 I'd like to congratulate Julie on her work and on how much I have enjoyed

02:27:53.280 --> 02:27:58.620
 talking with her and learning about this project and how positive she is and her

02:27:58.620 --> 02:28:05.320
 letter to us and I appreciate that I have one negative and that is the letter

02:28:05.320 --> 02:28:12.680
 said we are changing the zoning from r2 to r4 now I have a computer and I can get

02:28:12.680 --> 02:28:16.740
 online and I can go look it up with the city of Denton but there was no

02:28:16.740 --> 02:28:23.440
 definition in the letter for what that means and many people who don't have an

02:28:23.440 --> 02:28:29.000
 access to a computer or don't know how to research things might not know so

02:28:29.000 --> 02:28:35.760
 that would be helpful in the future for that to be clarified because you know we

02:28:35.760 --> 02:28:40.240
 heard all kinds of things about what a r4 is and so I thought I'd better look it

02:28:40.240 --> 02:28:49.480
 up okay thank you for listening thank you for coming out to speak I don't have

02:28:49.480 --> 02:28:55.880
 any more blue cards to speak I have a few cards not wishing to speak but let

02:28:55.880 --> 02:28:58.400
 me know if you change your mind and you would like to come down to speak you're

02:28:58.400 --> 02:29:06.360
 more than welcome to do so Raylin Samuelson is in opposition Tim

02:29:06.360 --> 02:29:15.240
 Randolph is not wanting to speak but is in opposition did he want to speak Tim

02:29:15.240 --> 02:29:31.720
 did you want to speak I just want to reiterate what BJ said the guy that

02:29:31.720 --> 02:29:36.000
 used to own this place was like a father to me I know more about this property

02:29:36.000 --> 02:29:43.840
 than anybody in this room I promise you and I I'm just scared of the traffic and

02:29:43.840 --> 02:29:50.520
 the coming out of that place right there that stop sign at Mockingbird and Alder

02:29:50.520 --> 02:29:57.520
 that's just going to be a mess in my opinion but I oppose it very much thank

02:29:57.520 --> 02:30:05.040
 you thank you mr. Randolph I have another card not wishing to speak but is

02:30:05.040 --> 02:30:13.160
 in opposition Dolores Montoya and that is all the cards that I have is there

02:30:13.160 --> 02:30:16.560
 anyone in the audience who did not fill out a card but would like to come down

02:30:16.560 --> 02:30:20.080
 and speak on this item

02:30:20.080 --> 02:30:27.400
 you can

02:30:32.280 --> 02:30:43.280
 name and address it's in the 500 foot buffer of this and also have a property

02:30:43.280 --> 02:30:51.640
 at 3008 Terry Court I'm in favor for them because if they do a specific use

02:30:51.640 --> 02:30:56.880
 permit to go higher density with townhomes you heard the opposition it's

02:30:56.880 --> 02:31:03.360
 gonna be a favorless fight to to grant that so with the HOA maintain when I

02:31:03.360 --> 02:31:08.080
 houses I believe it's good for the community really do because there's no

02:31:08.080 --> 02:31:14.080
 ways over there so having that in that area would be nice and that's it thank

02:31:14.080 --> 02:31:20.400
 you thank you for coming out is there anyone else wishing to speak on this

02:31:20.400 --> 02:31:28.280
 item anyone else wishing to speak okay seeing none I will close the public

02:31:28.280 --> 02:31:36.000
 hearing on this item and open the floor for motion or discussion commissioner

02:31:36.000 --> 02:31:41.160
 Smith thank you best chair I'm gonna make a motion to approve with staff

02:31:41.160 --> 02:31:44.760
 recommendations right there was our staff members a solid motion to prove

02:31:44.760 --> 02:31:52.120
 them reason for this I think that the density isn't too indifferent from a lot

02:31:52.120 --> 02:31:57.080
 of the properties that are surrounding this I don't think that that from

02:31:57.080 --> 02:32:04.000
 knowing that area as I do driving and living in that area nine houses I don't

02:32:04.000 --> 02:32:10.280
 think is gonna add traffic burdens that really need to be a warranted and in the

02:32:10.280 --> 02:32:14.120
 multifamily the duplex triplex anything else in there knowing that we have a

02:32:14.120 --> 02:32:19.040
 have an SUP that's gonna be available as a as a safeguard against that I can tell

02:32:19.040 --> 02:32:23.000
 you now that if someone if this project does fall through for whatever reasons

02:32:23.000 --> 02:32:27.480
 that's if an SUP comes back in front of this Commission or any other Commission

02:32:27.480 --> 02:32:32.840
 iteration after this they'll be very easy no to throw out there just because

02:32:32.840 --> 02:32:36.080
 of the surrounding neighborhoods that are there so I think this is safely

02:32:36.080 --> 02:32:41.560
 changing to a density that is workable and will be permanent so a motion to

02:32:41.560 --> 02:32:48.640
 approve motion on the floor to approve Commissioner pernetta a second okay we

02:32:48.640 --> 02:32:55.760
 have a motion on the floor to approve the zoning change to our for is there any

02:32:55.760 --> 02:33:04.600
 discussion okay well I'm gonna say just a few words because I unfortunately cannot

02:33:04.600 --> 02:33:09.560
 get on board to do this and it's mainly for neighborhood protection it's not that

02:33:09.560 --> 02:33:15.200
 I actually really like the concept of the infill as it was presented but

02:33:15.200 --> 02:33:19.840
 without the neighborhood protection in there that opens the door with a duplex

02:33:19.840 --> 02:33:25.960
 or townhome or group home possibility with our for it doesn't work for me

02:33:25.960 --> 02:33:31.400
 because you know I've seen it before we're not voting on a concept plan we're

02:33:31.400 --> 02:33:38.040
 voting on a zoning change so I will not be able to support this item is there

02:33:38.040 --> 02:33:45.880
 any more discussion okay let's call for a vote on the board

02:33:45.880 --> 02:34:06.760
 that motion will carry for two congratulations okay that moves us okay

02:34:06.760 --> 02:34:12.360
 our last public hearing item has been pulled that leaves us to our planning and

02:34:12.360 --> 02:34:17.520
 zoning Commission matrix I will turn it over to Richard just wanted to provide

02:34:17.520 --> 02:34:24.120
 excuse me brief update one City Council last night approved the two text

02:34:24.120 --> 02:34:27.760
 amendments that we heard at the last meeting one with respect to the criteria

02:34:27.760 --> 02:34:32.460
 manual language adding that back in as well as the clarification language for

02:34:32.460 --> 02:34:38.520
 the overlay districts that converted to PD those both are approved 7-0 the gas

02:34:38.520 --> 02:34:44.400
 well ordinance as we sort of discussed earlier or at least mentioned was was

02:34:44.400 --> 02:34:51.680
 approved 5-2 so that will be in effect in 14 days from from yesterday and was

02:34:51.680 --> 02:34:56.240
 that approved with the I'm sorry that was that was that replaced on it or how

02:34:56.240 --> 02:35:01.640
 was that it was it was presented to them with the three options the initial

02:35:01.640 --> 02:35:07.520
 option that that council had directed staff to prepare staffs recommendation

02:35:07.520 --> 02:35:12.040
 and then the planning and zoning Commission recommendation so what they

02:35:12.040 --> 02:35:17.040
 approved it was with all of staff recommendations so that was option two

02:35:17.040 --> 02:35:22.400
 which essentially allowed for all non-conforming structures albeit

02:35:22.400 --> 02:35:26.800
 non-conforming for gas wells or something else if they are destroyed

02:35:26.800 --> 02:35:33.600
 greater than 50% to go in front of ZBA to ask for the ability to rebuild so

02:35:33.600 --> 02:35:37.120
 that was approved last night so that will be in effect not just for gas wells

02:35:37.120 --> 02:35:42.360
 but for all non-conformities and once we get that signed ordinance I'll provide a

02:35:42.360 --> 02:35:47.360
 copy just so everyone everyone has that I know we had discussed there was a lot

02:35:47.360 --> 02:35:52.880
 of debate over the last few weeks about additional items to be discussed about

02:35:52.880 --> 02:35:59.640
 the gas wells there is a as part of the work session on 12-3 council will be

02:35:59.640 --> 02:36:04.360
 bringing that that will be presented to them and so they will discuss that and

02:36:04.360 --> 02:36:08.840
 and vote at that point in time whether or not they want to hear or bring back

02:36:08.840 --> 02:36:13.200
 any further items with respect to gas wells to a work session the only thing

02:36:13.200 --> 02:36:20.600
 that did get added to that was a setback regarding plugged wells so I don't know

02:36:20.600 --> 02:36:26.440
 what will come out of that but that will be a discussion on 12-3 so certainly you

02:36:26.440 --> 02:36:31.040
 can watch that but I will provide an update again on on the the 11th with

02:36:31.040 --> 02:36:39.180
 respect to what what that outcome was just quickly on the on the matrix I did

02:36:39.180 --> 02:36:43.320
 provide somewhat of an update on the the removal of that equipment as the

02:36:43.320 --> 02:36:49.160
 de-energized substation I know Brent our manager from energy to reached out to

02:36:49.160 --> 02:36:54.320
 TMPA they did not give him a specific date but he is going to continue to ask

02:36:54.320 --> 02:37:00.640
 well I'll keep that on until we have a a for sure update we do have on the 11th

02:37:00.640 --> 02:37:07.440
 this next meeting a work session on the notifications in the ETJ will also have

02:37:07.440 --> 02:37:12.440
 the dual notifications and I don't remember the ladies name tonight but she

02:37:12.440 --> 02:37:16.520
 raised a great point and so I'd like to also include that as part of that

02:37:16.520 --> 02:37:21.760
 discussion on notification to probably provide a little bit we try to do some of

02:37:21.760 --> 02:37:25.920
 a more of a description of what's going on but I think sometimes as planners we

02:37:25.920 --> 02:37:31.400
 talk planner speak and just sort of plain language is exactly what they're

02:37:31.400 --> 02:37:36.480
 trying to do in very simple terms so we'll include that as part of that that

02:37:36.480 --> 02:37:41.840
 work session for the next meeting okay we've got a couple wishing to speak

02:37:41.840 --> 02:37:46.440
 Commissioner Smith I was gonna mention I was gonna ask about the ETJ I had a

02:37:46.440 --> 02:37:50.760
 couple phone calls for the item be tonight that were folks who are in the

02:37:50.760 --> 02:37:55.400
 TJ are never noticed for that because they're in the TJ and so excited to hear

02:37:55.400 --> 02:37:59.960
 about that so thank you just and just to let you know about that item that you're

02:37:59.960 --> 02:38:05.360
 getting people need TJ are calling about that so commissioner back thank you I

02:38:05.360 --> 02:38:11.680
 share yeah no I really encourage you to do the additional language like

02:38:11.680 --> 02:38:14.520
 we heard tonight I think that'll be really helpful do you think that would

02:38:14.520 --> 02:38:18.200
 be something that I know we're gonna discuss it but is that something that

02:38:18.200 --> 02:38:22.880
 we're considering all notifications for the simplified language or just the ETJ

02:38:22.880 --> 02:38:26.940
 it would for me it would be for all know if all notifications that I would

02:38:26.940 --> 02:38:32.320
 encourage that and and then do we have any considering the 14-day lag for the

02:38:32.320 --> 02:38:38.160
 for the new ordinance do we have any idea how many properties might fall under

02:38:38.160 --> 02:38:43.040
 that or is that really something we need to discuss at a later time in that

02:38:43.040 --> 02:38:52.680
 window I mean I guess so much how many properties will I think our initial

02:38:52.680 --> 02:38:58.520
 estimation was yeah how many projects underway that might run that might

02:38:58.520 --> 02:39:05.080
 overlap that 14-day lag I'm just curious I'm not sure because we just had our

02:39:05.080 --> 02:39:09.040
 submittals come in yesterday was a deadline I don't think there I'd have to

02:39:09.040 --> 02:39:13.520
 know that's fine I can provide that I can provide that for the next that

02:39:13.520 --> 02:39:19.800
 would be helpful thank you anybody else anything for the matrix

02:39:19.800 --> 02:39:27.120
 Richard if I could um or we could get an update I know we've talked mockingbird

02:39:27.120 --> 02:39:31.120
 before is there something you can I just don't remember about like a future

02:39:31.120 --> 02:39:35.440
 mobility on that and all that you know things are happening right there we've

02:39:35.440 --> 02:39:39.600
 approved a whole lot up and down Audra if this gets approved this is just

02:39:39.600 --> 02:39:45.440
 another you know so just maybe some kind of an update to what's going on there

02:39:45.440 --> 02:39:48.920
 obviously I know we're gonna be years away from that but even just what the

02:39:48.920 --> 02:39:52.360
 future plan is would be yes certainly I'll provide that I know at one point

02:39:52.360 --> 02:39:55.960
 and I think it was mockingbird but I don't recall it so I don't I didn't want

02:39:55.960 --> 02:39:58.760
 to speak too much to it but but there were some improvements that they were

02:39:58.760 --> 02:40:03.320
 doing with respect to the safe route to schools but I'll I'll reach out to CIP

02:40:03.320 --> 02:40:08.600
 and see if there's anything yeah and then also as a suggestion if possible

02:40:08.600 --> 02:40:12.840
 maybe on these developments these re zones where staffs recommending approval

02:40:12.840 --> 02:40:19.160
 and you know that traffic is certainly an issue maybe in the presentation what

02:40:19.160 --> 02:40:23.720
 the future will be would be great to add to the presentation that just gives a

02:40:23.720 --> 02:40:26.640
 little bit more knowledge to the people who instead of just saying traffic's

02:40:26.640 --> 02:40:30.600
 horrible and we all know it's horrible you know whether a TIA was performed or

02:40:30.600 --> 02:40:35.480
 not you know we got a lot of TIA stuff with regard to the multifamily you know

02:40:35.480 --> 02:40:38.280
 and that was good information but on these kind of things just even

02:40:38.280 --> 02:40:44.440
 mentioned in the in the presentation be great okay seeing nothing else I will

02:40:44.440 --> 02:40:48.840
 say happy Thanksgiving to everybody here in Washington and I will close our

02:40:48.840 --> 02:40:53.040
 meeting at 812 thank you

