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 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission work session for Wednesday, February 19th, 2020.

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 Seeing that we do have a quorum, I'll open the meeting at 533.

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 There are no reports to give, so we'll just jump right into the agenda for this evening.

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 The first item is consideration of our minutes.

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 Is there any notation of the minutes that we need to be aware of from February 5th, 2020?

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 Great, that brings us to our consent agenda.

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 We have two items here.

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 Does anyone have any specific questions on either item?

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 Commissioner Beck, which item?

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 The first one, 25.

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 Can I have Julie Wiley come in?

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 Yeah, Julie.

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 >> Yes, sir.

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 >> If you, yeah, that's it, exactly.

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 If the radius that they've plotted is 100 feet, is that how I'm reading this?

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 >> Yes, sir.

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 >> And so do we know the distances to the L24 to L19 blocks on the southeast side along whatever road that is?

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 >> I don't know the, from the 100 feet to that parking line?

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 >> Yes, ma'am.

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 >> I don't know what that distance is, but I can try to measure it before I can-

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 >> Well, I mean, just eyeballing it, it looks like 250-ish, which would make sense.

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 >> And they don't have any, they plan to leave those exactly as is?

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 >> They do, yes, sir.

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 >> I guess that's the extent of my questions then, thank you.

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 >> Commissioner Cole.

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 >> Yes, are their PD, aren't they 150?

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 >> They actually have- >> Grandfather net 150?

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 >> It's actually 100 feet from the wellhead, yes, sir.

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 >> Any other questions?

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 Perfect, thanks Julie.

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 Any questions for item 3B?

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 Great, so that brings us to our item four individual consideration items.

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 The first one is 4A FP19-0003.

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 I'll invite Sean Jacobson for presentation on this item.

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 [BLANK_AUDIO]

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 All right, good evening Chair and members of the commission.

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 This is a request for a plat of lots 1 through 3, block A of the Tealstone edition.

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 This is on the northwest side of Mingo Road,

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 just northeast of the intersection of Mingo Road and Cooper Creek Road.

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 Staff is recommending approval with one condition, and that is that there be a,

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 I'm sorry here, an encouragement agreement for

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 all grading construction within the transmission line easements from the Texas

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 Municipal Power Authority, and that that be provided to the city prior to

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 the final plat being recorded with Denton County.

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 That is just, we know it's forthcoming.

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 We have an email indicating that it's forthcoming, but

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 we'd rather have documentation of it before we sign off on this.

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 >> Makes sense.

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 Any questions on this item?

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 Commissioner Ellis.

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 >> Thanks, Chair.

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 Sean, I see we've got a printout here for this one.

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 >> Yes. >> What changed from what we have in our backup?

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 >> The angle of the line between the bottom two lots there.

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 >> Thank you.

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 >> Yes, ma'am.

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 >> Any other questions?

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 Perfect, thank you, Sean.

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 Next item is 4B PP19-0035C.

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 Now I'll invite Cindy Jackson for presentation.

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 >> There we go, thank you.

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 I'm here before you with the preliminary plot for PP19-0035C, Stuart Ridge.

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 This may look familiar to you, it originally requested a 30 day extension.

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 And then it was denied after the expiration of the 30 days.

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 They have come back with a plot, which meets all our requirements.

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 Staff is recommending approval of this.

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 I want to point out, the subject site is located within the ETJ.

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 The city has plotting authority within the ETJ for

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 our interlocal agreement with the county.

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 This development will connect, however, to city water and sewer.

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 And as such, the city water and sewer connections and

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 construction will be under the city's purview.

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 However, the streets and drainage is under the county's purview and

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 must be accepted by the county.

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 Staff is recommending approval of this request with only one condition.

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 This has changed since the staff report was written.

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 Our one condition is that the civil construction plans for

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 paving and drainage facilities must be approved by Denton County.

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 And civil construction plans for water and

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 sewer lines must be approved by the city prior to the submittal

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 of a final plot application.

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 And that concludes my presentation.

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 >> Commissioner Smith.

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 >> City, whenever we have developments like this in the ETJ, what is the city's,

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 can the city do involuntary annexing within that?

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 Is voluntary annexing the only opportunity we have to annex property into the city?

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 >> Right, the new state legislation on annexation has made it extremely difficult

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 for the city to do an involuntary annexation.

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 Maybe, did you want to speak to that?

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 >> Absolutely, Commissioner Smith, state law has changed with regard to annexation.

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 So our opportunities for doing involuntary annexation are pretty limited, non-existent.

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 >> Okay, so whenever we have properties like this that are in the ETJ,

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 I know there's also the rule that we have about, obviously facade and building materials and

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 these kinds of things, we can't put limitations.

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 But can we add conditions that can at least maybe have this ETJ

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 development still be compatible with some of the sites that are around it?

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 As you can see, there's a lot of developments that are there in the city that this,

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 because it's in the ETJ, really has no limitations on what it can do other than what the county says.

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 So, can we put any type of conditions on something like this?

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 >> The city has an interlocal agreement with Denton County,

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 where we have platting authority in division one of the ETJ.

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 And the county has platting authority in division two.

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 So we can only apply our platting requirements to the review of the plats.

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 >> Can you refresh me on what kind of things fall into the platting requirements?

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 >> That'd be street design, that'd be, I'm guessing, not lot sizes, that's more of a zoning deal.

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 >> Correct.

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 >> I guess, right of way and those kinds of things, that's about it.

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 >> Streets, yes.

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 Streets, sidewalks, any of that kind of stuff.

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 Yeah, right, no lot size, I know uses, things like that.

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 >> No uses for those kind of things, obviously.

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 Okay, so essentially they can do whatever they want to in this division,

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 even though it's right next to the city with its own limitations because of the zoning that's in the city.

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 >> Right, yeah, we have no land use authority in the ETJ.

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 >> Okay, thanks.

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 >> Chris Rebecca.

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 >> Thank you, Chair.

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 So you mentioned drainage, so was drainage included or excluded?

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 I was a little confused.

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 >> The drainage is part of the city subdivision ordinance, so the city does review it.

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 However, the acceptance and maintenance of the plans and

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 drainage systems in the streets are part of the county.

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 >> So all those guidelines will be whatever the county is specifying in that case.

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 Okay, thank you.

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 >> Commissioner Ellis.

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 >> Thank you, Chair.

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 Cindy, you mentioned this had changed because there were two conditions I noticed in that.

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 What happened to condition two?

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 Is it satisfied or- >> Condition two, it's something that they have to do anyway and we decided-

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 >> Redundant?

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 >> Yeah. >> Okay.

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 >> Any other questions?

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 >> Great, thank you, Cindy.

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 You actually have the next one too.

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 So 4CFR 20-0002 is the next item.

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 >> Okay, this is a request for approval of the replat for

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 the Lots 1 and 7R1 Block A of the Sonic and Murphy Oil Edition.

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 The staff is recommending approval of this, however, the applicant has requested a 30 day extension.

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 They are working on their site plan now and they want to make sure the site plan

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 matches the plat with regards to where the easements are going.

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 They say there's a possibility that some of the easements may change.

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 They want to firm up their site plan before the plat is approved.

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 And they don't have to come in and replat to move the easements around.

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 >> Any questions on this item?

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 I don't see any.

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 Thank you, Cindy.

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 Item 4D has been pulled from consideration.

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 So we'll move to item 4E, that's ADP 19-0010, and I'll invite Karina for presentation.

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 All right, so the request today is for

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 an alternative development plan for SP Denton 1 edition.

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 So this property is located west of Western Boulevard, just north of Airport Road.

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 You did see this property before in December and

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 in January with a preliminary plat and final plat that were both approved.

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 Both of those requests actually came in under the 2002 code.

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 So the site plan and the alternative development plan do reflect the 2002 DDC requirements.

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 And the deviations that they are requesting are from parking in the front of the building and

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 parking lot screening and landscaping.

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 So the first deviation is in regards to the requirement for rear parking.

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 So they do meet the exception where they are then allowed to do front parking

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 in front of the right-of-way or by the right-of-way with the requirement that

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 they are set back 85 feet from the right-of-way or public utilities.

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 Because of the way that the site is located,

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 there are some drainage easements that make that a little bit difficult.

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 So they are proposing to meet all the prescribed requirements with the exception

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 of the 15-foot landscape area.

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 I do want to note though that the parking area is set back 180 feet from the right-of-way

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 and is approximately 247 feet back.

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 So there is about three feet shy of the 250-foot exemption for site design standards.

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 So they're just shy of that exemption.

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 They're still providing street trees along the right-of-way and a shrubbery along the parking.

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 The second deviation relates back to that 15-foot landscape area

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 that they're proposing to exclude.

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 This DDC requirement just outlines what needs to be provided

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 within that 15-foot landscape area, which includes a berm, some tree plantings.

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 They are proposing to not include the berm, but they do--

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 or they will use-- relocate the 12 trees to the southern portion of the lot.

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 So they're not removing them.

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 They're just locating them somewhere else.

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 And overall, they're still providing additional landscaping than what the code requires.

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 They're providing 33% landscaping overall as opposed to the 10%.

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 So this is just a reflection of the site.

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 The ADP is only for lot three, building B, which is outlined in red.

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 This right here is showing that they are 247 feet from the ultimate right-of-way

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 and 180 feet setback from-- the parking is 180 feet setback.

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 The trees that they are relocating are here to the south, and these are the easements

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 that kind of prevent them from meeting the code requirements.

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 So one kind of consideration that we had for this was moving the building back,

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 but you'll see here with the floodplain easement and the required parking

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 that they need to meet the code, it would be a bit restricted.

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 So they opted for additional landscaping to meet the code.

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 So with the ADP, there are some criteria for approval.

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 I won't go into too much detail, but I'll go over some of the highlights.

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 This property is located central to the industrial district.

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 So ICG, which then translates in the 2019 code to heavy industrial.

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 So it does fit with the character and does preserve that industrial-type development.

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 It does meet the requirements of the 2002 and 2019 DDC.

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 That includes parking, landscaping, zoning, and all of the above.

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 So this, of course, does not contribute to strip development.

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 There is infrastructure that is already in place.

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 The only additional infrastructure would be providing connections into the rear lot,

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 so extending utilities back into the lot over here.

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 And so just overall, this does provide a higher-quality development.

203
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 If you look at the properties just north, there's the WinCo.

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 A lot of the industrial developments here push their buildings back 250 feet,

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 so they don't have to comply with the site design standards.

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 In this case, this development will comply with their site design standards

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 with just the slight deviations proposed, and will substantially increase their landscaping

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 by about 23% overall and increase their tree canopy by about 4%.

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 And with that, staff recommends approval of this request

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 as it meets all established requirements.

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 -Kister Beck.

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 -Thank you, Chair.

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 So I'm a little confused.

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 They're literally moving trees, or they're getting credit for planting trees in the back?

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 -So they're required to plant trees within the landscape area,

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 but because they're not providing the landscape area what should be there,

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 they're just relocating them to the south.

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 So they're still meeting the required number of trees.

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 They're just pushing them over here to the south.

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 -But, I mean, just to clarify the language, they're planting new trees in that region?

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 -Yes, these are all new tree plantings.

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 -Okay, and so for my education, who's responsible for drainage testing

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 and flood mitigation and that sort of thing?

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 It's not the city.

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 It's the state or county, right, for erosion, flood control, chemical?

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 I mean, anything that's dealing with that drainage?

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 -So when a development comes in, they typically have to do an assessment

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 that shows how their development is impacting the area before and after.

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 So they would be then responsible for demonstrating how they would,

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 in terms of floodplain, catch or detain that water or send it off the site.

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 So part of the site development or the site plan review process captures all

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 of that information and all of that review.

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 And in this case, they have this drainage area right here that would capture.

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 -But that's a one-time review, is that correct?

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 One-off at development time, is that correct?

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 -So it would be reviewed during the planting process and through the site plan process?

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 -Correct. I don't think there's an ongoing monitoring of stormwater runoff that's done.

238
00:17:45,800 --> 00:17:54,880
 Deborah can maybe come up and answer if -- I'm not aware of an ongoing monitoring runoff.

239
00:17:54,880 --> 00:17:57,400
 -Good evening, Deborah Viera Environmental Services.

240
00:17:57,400 --> 00:18:02,920
 From a water conveyance standpoint, the city reviews all the calculations,

241
00:18:02,920 --> 00:18:09,320
 the assessment of pre- and post-conditions during the planting process.

242
00:18:09,320 --> 00:18:14,160
 If you are concerned about the testing of the water from a water quality standpoint,

243
00:18:14,160 --> 00:18:18,160
 we don't do it from a monitoring of the site.

244
00:18:18,160 --> 00:18:23,800
 Those facilities will have to come with a maintenance plan associated with it.

245
00:18:23,800 --> 00:18:30,160
 They will be kept in record if by any chance that area is not maintained according

246
00:18:30,160 --> 00:18:34,000
 and it fails in this repair or something like that, we will go back --

247
00:18:34,000 --> 00:18:37,720
 the city will go back to the developer or to the owner of the site

248
00:18:37,720 --> 00:18:40,440
 in regards with the maintenance plan.

249
00:18:40,440 --> 00:18:42,280
 But it is privately maintained.

250
00:18:42,280 --> 00:18:45,600
 -Okay. So the reason I bring this up is I was just -- you know, I don't --

251
00:18:45,600 --> 00:18:51,600
 it's an industrial use and I don't particularly personally care about the landscaping.

252
00:18:51,600 --> 00:18:55,200
 But I do care about it in terms of flood mitigation and drainage.

253
00:18:55,200 --> 00:18:59,920
 And especially that it's germane because they're moving landscaping

254
00:18:59,920 --> 00:19:03,880
 as a mitigation effort to the south side of the property.

255
00:19:03,880 --> 00:19:09,240
 So I guess if we're not watching that, I'm a little concerned that you're right --

256
00:19:09,240 --> 00:19:12,000
 that, you know, all this movement is right on the easement

257
00:19:12,000 --> 00:19:18,440
 with a potential erosion and drainage issue, especially considering the part

258
00:19:18,440 --> 00:19:24,240
 of the area that they're -- we're talking about on the east side is it visually looked

259
00:19:24,240 --> 00:19:27,680
 like it was also a part of the -- sort of a lower part of the drainage as well.

260
00:19:27,680 --> 00:19:34,920
 So I guess I'm a little concerned still about the drainage on the south side.

261
00:19:34,920 --> 00:19:39,320
 -So I'll kind of come back and just touch on the drainage portion.

262
00:19:39,320 --> 00:19:44,640
 So they're not actually moving or the movement of the landscape

263
00:19:44,640 --> 00:19:51,480
 to the south isn't taking away from the capturing of the runoff

264
00:19:51,480 --> 00:19:54,360
 or anything into the drainage area.

265
00:19:54,360 --> 00:19:56,920
 Really what they would have been required to do but couldn't do

266
00:19:56,920 --> 00:20:01,240
 because of where the drainage easement is located is provide this 15-foot --

267
00:20:01,240 --> 00:20:05,320
 where's my mouse -- this 15-foot area over here.

268
00:20:05,320 --> 00:20:10,600
 So because of where this is located, they're not actually able to plant trees in that area.

269
00:20:10,600 --> 00:20:12,880
 They're restricted by our own DEC to do that.

270
00:20:12,880 --> 00:20:16,120
 So it kind of conflicts with what they're required to do.

271
00:20:16,120 --> 00:20:21,440
 So the plannings wouldn't necessarily have assisted specifically with drainage.

272
00:20:21,440 --> 00:20:24,480
 It was -- it's more of a landscaping requirement that kind

273
00:20:24,480 --> 00:20:27,400
 of conflicted with other requirements.

274
00:20:27,400 --> 00:20:33,280
 -I don't want to beat this dead horse too much, but I mean the idea is you're putting a lot

275
00:20:33,280 --> 00:20:39,680
 of cement -- you had absorbing property there before and now you're putting

276
00:20:39,680 --> 00:20:44,200
 a building in cement parking lots so the drainage is going to be faster runoff.

277
00:20:44,200 --> 00:20:51,360
 So is there going to be subsurface drains into the creek bed for water mitigation?

278
00:20:51,360 --> 00:20:54,200
 -I'm not sure that I can answer that question.

279
00:20:54,200 --> 00:20:57,040
 -I guess I'm just a little concerned that they're --

280
00:20:57,040 --> 00:21:00,400
 you're creating an erosion issue there on the south side.

281
00:21:00,400 --> 00:21:02,680
 Not for the building itself or anything else.

282
00:21:02,680 --> 00:21:07,840
 -I don't know that it's been designed at that level yet where they're going

283
00:21:07,840 --> 00:21:12,720
 to construct the stormwater runoff and what systems they're using.

284
00:21:12,720 --> 00:21:16,280
 At least I'm not aware until the ADP is approved.

285
00:21:16,280 --> 00:21:20,200
 -I'm not sure if Kristi, if you have any feedback on this portion of --

286
00:21:20,200 --> 00:21:24,000
 -I'm going to be on the house a little bit here.

287
00:21:24,000 --> 00:21:28,880
 Kristi Afton also with Environmental Services and I have reviewed the site plan

288
00:21:28,880 --> 00:21:36,280
 and I do believe there is a CEP that has already been approved.

289
00:21:36,280 --> 00:21:44,680
 And the area here that is shown in brown is part of the flip plane.

290
00:21:44,680 --> 00:21:47,200
 It is not going to be disturbed.

291
00:21:47,200 --> 00:21:52,440
 This area right here is also considered an environmentally sensitive area

292
00:21:52,440 --> 00:21:54,280
 and it was set aside.

293
00:21:54,280 --> 00:22:01,360
 And the site will be draining partially to the environmentally sensitive area.

294
00:22:01,360 --> 00:22:10,240
 The applicant has proposed riprap here to help with capturing the runoff pre

295
00:22:10,240 --> 00:22:18,840
 and post so during construction there will be erosion control measures

296
00:22:18,840 --> 00:22:24,000
 that have been taken to prevent damage to the ESA as well

297
00:22:24,000 --> 00:22:27,000
 as post construction the riprap will help

298
00:22:27,000 --> 00:22:32,080
 with capturing the runoff and filtering.

299
00:22:32,080 --> 00:22:38,680
 The flip plane that is located to the south of this property is large

300
00:22:38,680 --> 00:22:43,320
 and has been set aside and is not to be disturbed.

301
00:22:43,320 --> 00:22:49,320
 So there is quite a bit of a buffer between the stream segment that runs

302
00:22:49,320 --> 00:22:55,160
 to the south of this property and the proposed development.

303
00:22:55,160 --> 00:22:56,440
 -Okay, thank you so much.

304
00:22:56,440 --> 00:22:59,280
 -You're welcome.

305
00:22:59,280 --> 00:23:02,200
 -Any other questions for Karina on this item?

306
00:23:02,200 --> 00:23:15,200
 Great.

307
00:23:15,200 --> 00:23:18,200
 The next item is our public hearings.

308
00:23:18,200 --> 00:23:28,800
 We just have one this evening, it's item 5A, AESA 20-0001A.

309
00:23:28,800 --> 00:23:35,160
 Invite Christy Upton for presentation or Cindy Jackson.

310
00:23:35,160 --> 00:23:37,840
 -It's actually going to be two part presentation.

311
00:23:37,840 --> 00:23:38,480
 -Okay.

312
00:23:38,480 --> 00:23:43,960
 -I'm going to present the planning and zoning land use parts of this

313
00:23:43,960 --> 00:23:57,720
 and then Debra Vieira is going to present the remainder.

314
00:23:57,720 --> 00:24:06,160
 Okay, what we have before you today is a request to amend the AESA plan

315
00:24:06,160 --> 00:24:10,360
 that was approved for this site back in October 2019.

316
00:24:10,360 --> 00:24:12,120
 This is the Fisher 59 site.

317
00:24:12,120 --> 00:24:15,920
 You may remember this from when it was approved in October.

318
00:24:15,920 --> 00:24:22,680
 We've also had a couple of plots go through for this site.

319
00:24:22,680 --> 00:24:33,800
 The purpose of the AESA originally was to provide a second point of access

320
00:24:33,800 --> 00:24:35,920
 from the warehouse site.

321
00:24:35,920 --> 00:24:40,160
 This aerial doesn't show it, however, approximately half of the site,

322
00:24:40,160 --> 00:24:47,320
 the western half of the site, has been developed with warehouse distribution center.

323
00:24:47,320 --> 00:24:50,280
 Fire code is requiring them to have two points of access.

324
00:24:50,280 --> 00:24:52,840
 They have one point of access on university.

325
00:24:52,840 --> 00:24:57,720
 They are planning to have a second point of access along this little dog leg here

326
00:24:57,720 --> 00:25:02,480
 that you see, however, it has to cross the environmentally sensitive areas

327
00:25:02,480 --> 00:25:05,760
 that are in this location.

328
00:25:05,760 --> 00:25:11,640
 And that was the purpose of the AESA, the alternate environmentally sensitive area plan

329
00:25:11,640 --> 00:25:17,800
 to permit them to cross across the ESA and provide mitigation for it.

330
00:25:17,800 --> 00:25:23,560
 The site is approximately 49.9 acres in size and it's located on the north side

331
00:25:23,560 --> 00:25:29,280
 of West University Highway 380 and west of North Mosh Branch.

332
00:25:29,280 --> 00:25:39,360
 The site is Zoned Employment Center Industrial, excuse me, LI, sorry about that.

333
00:25:39,360 --> 00:25:46,960
 Public notification, we sent out notifications within 200 and 500 feet of the site as well

334
00:25:46,960 --> 00:25:59,520
 as mailed notices within 200 feet, 200 and 500 feet.

335
00:25:59,520 --> 00:26:03,320
 We haven't received any responses to the notification

336
00:26:03,320 --> 00:26:07,040
 and the neighborhood meeting was not held.

337
00:26:07,040 --> 00:26:10,440
 And now I'll turn it over to Deborah.

338
00:26:10,440 --> 00:26:20,520
 >> Good evening again, just to give you a little bit of feedback while we are here.

339
00:26:20,520 --> 00:26:24,760
 During the final plot of lot two where the construction of the drive aisle is going

340
00:26:24,760 --> 00:26:32,840
 to happen, staff realized that the mitigation that was proposed during the alternative ESA plan back

341
00:26:32,840 --> 00:26:38,560
 in October was partially within property, the adjacent parcels which is not

342
00:26:38,560 --> 00:26:41,360
 under the current ownership of Fisher 59.

343
00:26:41,360 --> 00:26:46,520
 That poses some challenges in enforcing any of the conditions that pertains

344
00:26:46,520 --> 00:26:49,840
 to that area that is outside the control of the applicant.

345
00:26:49,840 --> 00:26:55,560
 Not only that, the owner of those parcels were not part of the original application,

346
00:26:55,560 --> 00:26:59,560
 so from enforceability it creates some issues.

347
00:26:59,560 --> 00:27:03,680
 We came to that discovery during the final plot of lot two.

348
00:27:03,680 --> 00:27:08,200
 So we approached the applicant and said we need to rectify that error.

349
00:27:08,200 --> 00:27:13,520
 And one way to do it is to make sure that all the mitigation that they are proposing is

350
00:27:13,520 --> 00:27:16,160
 within the limits of what they own.

351
00:27:16,160 --> 00:27:18,840
 Okay? So that's the only reason.

352
00:27:18,840 --> 00:27:20,800
 The mitigation is not changing.

353
00:27:20,800 --> 00:27:23,160
 The disturbance is not changing.

354
00:27:23,160 --> 00:27:28,160
 The only thing that is changing is where they're going to do that mitigation.

355
00:27:28,160 --> 00:27:33,200
 So I'm going to work you through the history of the site just for your own identification

356
00:27:33,200 --> 00:27:41,640
 and if anybody is watching us to come to know what is the history of the site.

357
00:27:41,640 --> 00:27:46,120
 So in 2018 we did a ESA field assessment for the floodplain.

358
00:27:46,120 --> 00:27:50,480
 And at that time we found that even though the site had been disturbed

359
00:27:50,480 --> 00:27:53,200
 in some extent the floodplain was not.

360
00:27:53,200 --> 00:27:58,480
 Therefore it retained the undeveloped floodplain condition and designation subject

361
00:27:58,480 --> 00:28:04,640
 to section 7.4 of the DDC.

362
00:28:04,640 --> 00:28:14,080
 As a part of their development process in 2019 they approached the city

363
00:28:14,080 --> 00:28:20,320
 to request an alternative ESA plan for that road that it is showing right

364
00:28:20,320 --> 00:28:23,120
 to the west of the site.

365
00:28:23,120 --> 00:28:28,520
 For that road to be constructed they will have to put culverts

366
00:28:28,520 --> 00:28:31,160
 to be able to cross the channel.

367
00:28:31,160 --> 00:28:37,480
 For the culvert to be installed and to maintain the hydraulics of the site they will have

368
00:28:37,480 --> 00:28:40,640
 to go and cut and fill that floodplain.

369
00:28:40,640 --> 00:28:45,200
 So in that way the constraint that you're putting

370
00:28:45,200 --> 00:28:52,520
 by the culvert will not actually have any negative impacts downstream.

371
00:28:52,520 --> 00:29:00,040
 So during that process they will be disturbing 5.51 acres of undeveloped floodplain ESA.

372
00:29:00,040 --> 00:29:06,200
 As an exchange they are proposing six acres of mitigation which will be seeded

373
00:29:06,200 --> 00:29:16,800
 with native seed mix and also two bioretentions which are right here and right here.

374
00:29:16,800 --> 00:29:25,040
 The two bioretention together totals 0.28 acres and they are meant to treat water quality.

375
00:29:25,040 --> 00:29:28,880
 This is what was approved in 2019.

376
00:29:28,880 --> 00:29:35,640
 I just wanted to show the two areas that happened to be outside their control

377
00:29:35,640 --> 00:29:40,920
 or their ownership and that is the two areas that now will be integrated into this area.

378
00:29:40,920 --> 00:29:46,480
 And you will see it more clear in the next slide what the difference is.

379
00:29:46,480 --> 00:29:52,800
 Also important, anything that is showing orange is going to be stabilized

380
00:29:52,800 --> 00:29:58,920
 but was not originally proposed to be planted or seeded with native plant.

381
00:29:58,920 --> 00:30:05,320
 And this is the new alternative ESA plan for it.

382
00:30:05,320 --> 00:30:12,360
 As you can see all that area that before was proposed to be stabilized

383
00:30:12,360 --> 00:30:16,280
 but not seeded with native plants now will be.

384
00:30:16,280 --> 00:30:24,400
 So the purple area that is not longer within part of the alternative ESA plan,

385
00:30:24,400 --> 00:30:31,160
 all that area have been mitigating by putting native plant seeds

386
00:30:31,160 --> 00:30:35,600
 through the pretty much boundary of the site.

387
00:30:35,600 --> 00:30:41,240
 So again the amount of mitigation have not changed, the type of mitigation have not changed.

388
00:30:41,240 --> 00:30:45,520
 The only thing that we are changing is relocating from this purple area

389
00:30:45,520 --> 00:30:51,640
 that originally was designated as a mitigation and now it will be added

390
00:30:51,640 --> 00:30:57,280
 through the boundaries where the dark green line is.

391
00:30:57,280 --> 00:31:04,080
 We still have in the two bioretention areas which is the two blue polygons here.

392
00:31:04,080 --> 00:31:10,560
 Nothing has changed except the location.

393
00:31:10,560 --> 00:31:18,680
 Back in 2019, staff recommended approval and we included seven conditions as a part of the proposal.

394
00:31:18,680 --> 00:31:22,760
 Two of them were related to on-site detention because at the time,

395
00:31:22,760 --> 00:31:30,680
 TxDOT was still reviewing the construction plans and they have not made a final determination.

396
00:31:30,680 --> 00:31:36,080
 However, since then they got a final okay from TxDOT

397
00:31:36,080 --> 00:31:43,440
 and the two conditions related to on-site detentions are now being removed from the approval conditions.

398
00:31:43,440 --> 00:31:47,760
 In red, you will see the changes that we have made.

399
00:31:47,760 --> 00:31:55,680
 Condition number one is just to reflect the updated alternative ESA plan as of February 13 of 2020.

400
00:31:55,680 --> 00:32:01,400
 We maintain the seeding of the native prairie habitat.

401
00:32:01,400 --> 00:32:06,200
 Condition number three is related to the construction of the two bioretention.

402
00:32:06,200 --> 00:32:08,200
 We maintain that same condition.

403
00:32:08,200 --> 00:32:15,880
 The only thing that we added was reflecting the amendment as of February 2020.

404
00:32:15,880 --> 00:32:21,400
 We removed condition four and five because those were related to on-site detention

405
00:32:21,400 --> 00:32:29,000
 that no longer is necessary for TxDOT approval and we maintain conditions six and seven

406
00:32:29,000 --> 00:32:36,000
 that talks about the installation and inspection for three years and for the owner to dedicate an easement

407
00:32:36,000 --> 00:32:39,200
 for where those bioretentions are.

408
00:32:39,200 --> 00:32:41,800
 Any questions?

409
00:32:41,800 --> 00:32:42,600
 >> Commissioner Beck.

410
00:32:42,600 --> 00:32:45,840
 >> So this is probably just by ignorance.

411
00:32:45,840 --> 00:32:53,320
 The proposal that we saw two weeks ago where we had a discussion about changing the code

412
00:32:53,320 --> 00:32:58,160
 so that we didn't have these out of order proposals.

413
00:32:58,160 --> 00:33:04,000
 This is this property and we use this as a test case of that change.

414
00:33:04,000 --> 00:33:14,560
 So did we not already approve this under the conditions of the modifications that she's describing here?

415
00:33:14,560 --> 00:33:15,840
 No?

416
00:33:15,840 --> 00:33:23,480
 >> I'm trying to recall what item that was but that item had a condition

417
00:33:23,480 --> 00:33:27,960
 that we would approve the AESA which we're doing tonight.

418
00:33:27,960 --> 00:33:31,160
 >> So this is the approval of the AESA?

419
00:33:31,160 --> 00:33:31,840
 Okay.

420
00:33:31,840 --> 00:33:38,680
 >> That was the plat for lot two which has the dog leg for the street connection to watch branch

421
00:33:38,680 --> 00:33:45,160
 and that had conditions that they had to bring forward the correction for the AESA which is before you now.

422
00:33:45,160 --> 00:33:49,280
 >> Okay. Thank you.

423
00:33:49,280 --> 00:33:55,040
 >> Any other questions on this item for Deborah or for Cindy?

424
00:33:55,040 --> 00:33:58,520
 Okay. Thank you very much for your presentation.

425
00:33:58,520 --> 00:34:00,520
 That concludes the agenda for this evening.

426
00:34:00,520 --> 00:34:07,080
 Again, there's no reports to be had this evening so that concludes the work session completely.

427
00:34:07,080 --> 00:34:11,280
 I will close the work session at 6.05.

428
00:34:11,280 --> 00:34:14,000
 We'll reconvene in council chambers at 6.30.

429
00:34:14,000 --> 00:34:15,280
 Thank you.

430
00:34:15,280 --> 00:34:23,000
 >> Good evening and welcome to the Planning and Zoning Commission for Wednesday, February 19th, 2020.

431
00:34:23,000 --> 00:34:27,080
 Seeing that we have a quorum I will call this meeting to order at 6.34.

432
00:34:27,080 --> 00:34:33,520
 The first item of business is to stand if able to give a Pledge of Allegiance to the U.S. and Texas Flag.

433
00:34:33,520 --> 00:34:42,240
 >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

434
00:34:42,240 --> 00:34:49,120
 one nation under God, indivisible, with liberty and justice for all.

435
00:34:49,120 --> 00:34:54,040
 >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

436
00:34:54,040 --> 00:34:58,080
 one nation under God, indivisible, with liberty and justice for all.

437
00:34:58,080 --> 00:35:02,800
 >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

438
00:35:02,800 --> 00:35:06,760
 one nation under God, indivisible, with liberty and justice for all.

439
00:35:06,760 --> 00:35:11,240
 >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

440
00:35:11,240 --> 00:35:14,680
 one nation under God, indivisible, with liberty and justice for all.

441
00:35:14,680 --> 00:35:18,640
 >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

442
00:35:18,640 --> 00:35:21,560
 one nation under God, indivisible, with liberty and justice for all.

443
00:35:21,560 --> 00:35:25,960
 >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

444
00:35:25,960 --> 00:35:29,360
 one nation under God, indivisible, with liberty and justice for all.

445
00:35:29,360 --> 00:35:34,160
 >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

446
00:35:34,160 --> 00:35:38,080
 one nation under God, indivisible, with liberty and justice for all.

447
00:35:38,080 --> 00:35:42,960
 >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

448
00:35:42,960 --> 00:35:46,720
 one nation under God, indivisible, with liberty and justice for all.

449
00:35:46,720 --> 00:35:51,280
 9-0-0-2-5, and one vote, and then the next one, and the next vote.

450
00:35:51,280 --> 00:35:57,080
 So the chair will entertain a motion for item 3A, Commissioner Smith.

451
00:35:57,080 --> 00:35:59,000
 >> I move for approval on 3A.

452
00:35:59,000 --> 00:36:00,840
 >> We have a first for approval, Commissioner Burnetta.

453
00:36:00,840 --> 00:36:01,860
 >> Second.

454
00:36:01,860 --> 00:36:07,240
 >> We have a first and a second for approval of item 3A, any discussion on the matter?

455
00:36:07,240 --> 00:36:08,840
 Seeing none, I'll call for a vote on the board.

456
00:36:14,880 --> 00:36:17,560
 >> Motion carries 6-1.

457
00:36:17,560 --> 00:36:25,520
 Next item of business is the second consent agenda item, which is 3B, PP 20-0001, Commissioner Smith.

458
00:36:25,520 --> 00:36:26,960
 >> I move to approve.

459
00:36:26,960 --> 00:36:29,280
 >> We have a first for approval, Commissioner Beck.

460
00:36:29,280 --> 00:36:30,040
 >> Second.

461
00:36:30,040 --> 00:36:32,760
 >> We have a first and a second for approval, any discussion on the item?

462
00:36:32,760 --> 00:36:35,720
 Seeing none, I'll call for a vote on the board.

463
00:36:35,720 --> 00:36:44,760
 Motion carries 7-0.

464
00:36:44,760 --> 00:36:47,080
 That brings us to our items for individual consideration.

465
00:36:47,080 --> 00:36:52,900
 The next item for business is item 4A, FP 19-0003.

466
00:36:52,900 --> 00:36:54,720
 I'll invite Sean Jacobson for presentation.

467
00:36:54,720 --> 00:37:03,160
 >> Good evening, Chair and members of the commission.

468
00:37:03,160 --> 00:37:05,880
 My name is Sean Jacobson with the Planning Department.

469
00:37:05,880 --> 00:37:12,840
 I'm here tonight to present a request for approval for final plat of lots one through three, block A of the Tealstone addition.

470
00:37:12,840 --> 00:37:21,240
 This is a 6.58 acre site, generally located northwest of Mingo Road, northeast of the corner of Mingo Road and Cooper Creek Road.

471
00:37:21,240 --> 00:37:26,200
 Staff is recommending approval with the condition that an encroachment agreement for

472
00:37:26,200 --> 00:37:31,920
 all grading and construction within the transmission line easements must be obtained from the Texas Municipal Power Authority and

473
00:37:31,920 --> 00:37:36,560
 provided to the city prior to the final plat being recorded with Denton County.

474
00:37:36,560 --> 00:37:42,640
 When that condition is met, the plat will meet all of the established criteria, therefore the recommendation of approval with conditions.

475
00:37:42,640 --> 00:37:44,680
 With that said, I'll stand for any questions.

476
00:37:44,680 --> 00:37:46,360
 >> Appreciate it, Sean.

477
00:37:46,360 --> 00:37:48,760
 This is an item for individual consideration.

478
00:37:48,760 --> 00:37:53,840
 It's not a public hearing, however, if you wish to speak on the item, we will certainly listen to any testimony this evening.

479
00:37:53,840 --> 00:37:56,040
 Commissioner Anderson?

480
00:37:56,040 --> 00:37:59,000
 >> Make a motion to approve.

481
00:37:59,000 --> 00:38:02,560
 >> And Commissioner Anderson, for clarification, do you approve with the condition?

482
00:38:02,560 --> 00:38:03,520
 >> Yes.

483
00:38:03,520 --> 00:38:05,320
 >> Okay, we have first for approval with condition.

484
00:38:05,320 --> 00:38:06,480
 Commissioner Ellis?

485
00:38:06,480 --> 00:38:09,280
 >> Second. >> We have first and second for approval.

486
00:38:09,280 --> 00:38:09,880
 Any discussion?

487
00:38:11,360 --> 00:38:13,000
 Seeing none, I'll call for a vote on the board.

488
00:38:13,000 --> 00:38:21,960
 Motion carries seven, zero.

489
00:38:21,960 --> 00:38:27,080
 The next item of business is item 4B, PP 19-0035C.

490
00:38:27,080 --> 00:38:28,920
 I'll invite Cindy Jackson for presentation.

491
00:38:28,920 --> 00:38:32,000
 >> Thank you, Chairman and Commissioners.

492
00:38:32,000 --> 00:38:35,440
 For the record, Cindy Jackson with the Development Services Department.

493
00:38:35,440 --> 00:38:41,000
 I have before you today the preliminary plat for Stewart Ridge, phase two and three.

494
00:38:41,000 --> 00:38:44,120
 The site is located within the ETJ.

495
00:38:44,120 --> 00:38:49,240
 The city has planning authority in the county per our interlocal agreement.

496
00:38:49,240 --> 00:38:56,840
 The development will connect to city water and sewer, and these are under the city's purview.

497
00:38:56,840 --> 00:39:02,440
 However, the streets must be accepted by the county.

498
00:39:02,440 --> 00:39:09,080
 Streets and sewer, excuse me, streets and drainage are also per city's subdivision requirements.

499
00:39:12,000 --> 00:39:15,560
 Staff was recommending approval of this request with one condition.

500
00:39:15,560 --> 00:39:23,920
 That the civil construction plans for paving and drainage facilities must be approved by Denton County.

501
00:39:23,920 --> 00:39:30,600
 And civil construction plans for the water and sewer lines must be approved by the city prior to the submittal of the final plat.

502
00:39:30,600 --> 00:39:33,960
 Condition two is not being recommended.

503
00:39:33,960 --> 00:39:38,720
 >> Cindy, the condition number one.

504
00:39:40,000 --> 00:39:48,000
 That's a requirement in the process already we're trying to codify that that would take place?

505
00:39:48,000 --> 00:39:55,320
 Or is that an additional step that's not typically, could the final plat be approved without those approvals typically?

506
00:39:55,320 --> 00:39:57,160
 >> Yes.

507
00:39:57,160 --> 00:40:02,000
 >> Okay, and we've added it as a condition for the purpose of just clarifying?

508
00:40:02,000 --> 00:40:09,840
 >> Right, we've added this condition because of the fact that the property is in the ETJ.

509
00:40:09,840 --> 00:40:17,080
 And even though the city reviews the streets and drainage, and it's per city standards,

510
00:40:17,080 --> 00:40:21,720
 the county has their own standards, the county has to accept the streets.

511
00:40:21,720 --> 00:40:24,680
 >> Okay, thank you.

512
00:40:24,680 --> 00:40:29,720
 Is there any other questions for Cindy?

513
00:40:29,720 --> 00:40:33,760
 Commissioner Beck.

514
00:40:33,760 --> 00:40:41,680
 >> Thank you, Chair. I brought this up briefly and Commissioner Smith brought it up during the work session.

515
00:40:41,680 --> 00:40:50,680
 And that is the division of authority between what we're allowed to do in the ETJ here for this property and what we're not.

516
00:40:50,680 --> 00:40:59,580
 I'm quite concerned from the preliminary plat about the sort of amount of conceptual,

517
00:40:59,580 --> 00:41:07,040
 let's say proposed, conceptual development all along this area, and the amount of development along the drainage,

518
00:41:07,040 --> 00:41:12,120
 the amount of tree canopy being removed, and I can't in good conscience lend my support to it.

519
00:41:12,120 --> 00:41:18,120
 >> Any other questions for Cindy?

520
00:41:18,120 --> 00:41:21,640
 I don't see any, thank you.

521
00:41:21,640 --> 00:41:24,320
 Commissioner Fernanda.

522
00:41:26,040 --> 00:41:30,240
 >> Yeah, and I guess this is just a general question, because this is in the ETJ and everything,

523
00:41:30,240 --> 00:41:35,400
 based on having some of the same concerns that Commissioner Beck has.

524
00:41:35,400 --> 00:41:43,280
 What is the impact of us denying this as it is in the ETJ?

525
00:41:43,280 --> 00:41:49,280
 >> Well, it would be the same as if you denied a plot that is in the city.

526
00:41:49,280 --> 00:41:53,960
 It meets all the requirements, and per local government code,

527
00:41:53,960 --> 00:41:57,080
 you are required to compel to approve it.

528
00:41:57,080 --> 00:42:05,920
 >> Okay, I mean, because based on the fact that it's all beholden to technical county and everything, there's not really recourse, right?

529
00:42:05,920 --> 00:42:07,040
 >> [INAUDIBLE]

530
00:42:07,040 --> 00:42:10,160
 >> Okay. >> Per our interlocal agreement with the county.

531
00:42:10,160 --> 00:42:16,240
 And so they come to the city to plat, and they go to the county for their building permits.

532
00:42:16,240 --> 00:42:20,560
 Platting regulations are the same, whether it's in the city or the county, with regards to

533
00:42:23,080 --> 00:42:29,060
 the regulations of being compelled to approve if it meets all the requirements.

534
00:42:29,060 --> 00:42:36,240
 >> And not to be dismissive or anything, so my sense on this one is essentially this vote is ceremonial for the large part.

535
00:42:36,240 --> 00:42:38,180
 Is that kind of right, or?

536
00:42:38,180 --> 00:42:42,000
 >> There's a compulsion from us if it meets all technical requirements.

537
00:42:42,000 --> 00:42:45,800
 We have the empowerment to deny it if we can cite a technical deficiency.

538
00:42:45,800 --> 00:42:47,440
 >> Right, but okay, all right, thank you.

539
00:42:47,440 --> 00:42:52,480
 >> I think there's no more other questions.

540
00:42:52,480 --> 00:42:56,480
 >> Okay. >> This is an individual consideration item, it's not a public hearing.

541
00:42:56,480 --> 00:42:59,560
 We do have a card, though, and I'm happy to hear it's for Mark Holcomb.

542
00:42:59,560 --> 00:43:02,280
 If you want to speak, you can certainly come down.

543
00:43:02,280 --> 00:43:09,640
 And if you could state your name and address for the record, you'll have three minutes to speak.

544
00:43:09,640 --> 00:43:14,760
 >> This is Mark Holcomb, and my address is 2316 Crestwood Place.

545
00:43:14,760 --> 00:43:18,600
 But we own the property that's just north of this development.

546
00:43:18,600 --> 00:43:22,840
 It's just north from the, it's on the south side of our property.

547
00:43:22,840 --> 00:43:28,680
 So this development will be bordering our entire southern border of our property.

548
00:43:28,680 --> 00:43:34,040
 Actually, I spoke with the gentleman with Kimmy Horn and Associates earlier,

549
00:43:34,040 --> 00:43:38,280
 because we were concerned about our property actually being cut off.

550
00:43:38,280 --> 00:43:47,240
 Because we have an easement that leads from Stewart Road into our property that I was concerned that it was going to,

551
00:43:47,240 --> 00:43:50,640
 our development wasn't going to cut off that easement.

552
00:43:50,640 --> 00:43:55,320
 But they've reassured me that there will actually be, I guess,

553
00:43:55,320 --> 00:44:03,400
 a city easement that will be behind the housing development that will also then be between that and the mobile home park.

554
00:44:03,400 --> 00:44:07,440
 So I feel a little better now after speaking with them today.

555
00:44:07,440 --> 00:44:08,760
 >> Great.

556
00:44:08,760 --> 00:44:17,080
 >> So I just wanted to bring up that concern before it got approved that we might not have access to the entire southern border of our property.

557
00:44:17,080 --> 00:44:17,960
 >> I appreciate it.

558
00:44:17,960 --> 00:44:18,840
 I appreciate you being here.

559
00:44:18,840 --> 00:44:19,480
 >> Okay, thank you.

560
00:44:19,480 --> 00:44:20,000
 >> Thank you.

561
00:44:20,000 --> 00:44:28,400
 >> Sir, if you could do the same, just your name and address, and you'll have three minutes.

562
00:44:28,400 --> 00:44:33,400
 >> Absolutely, Brad Williams, 2728 North Harwood Street in Dallas, representing the applicant.

563
00:44:33,400 --> 00:44:35,280
 Appreciate everyone being here tonight.

564
00:44:35,280 --> 00:44:42,640
 I did want to touch on that interlocal agreement a little bit that we've been talking about in work session and here in the open meeting.

565
00:44:43,880 --> 00:44:48,240
 We are in full agreement with the staff on the fact that this plot is ripe for approval.

566
00:44:48,240 --> 00:44:51,160
 It meets all the standards, and so we look forward to an approval.

567
00:44:51,160 --> 00:44:58,760
 However, I do want to visit with you on that condition that is up on the screen about the civil construction plans going to the county.

568
00:44:58,760 --> 00:45:03,640
 Couple of concerns we have with that is, first of all, the interlocal agreement, in my estimation,

569
00:45:03,640 --> 00:45:09,800
 gives the city exclusive jurisdiction to regulate plots and related permits on this property.

570
00:45:09,800 --> 00:45:15,520
 Related permits, I believe, includes paving, drainage, streets,

571
00:45:15,520 --> 00:45:20,440
 the types of construction plans that were being asked to go get approval from the county.

572
00:45:20,440 --> 00:45:25,440
 I believe that that is within the purview of the city and should be handled by the city.

573
00:45:25,440 --> 00:45:30,080
 It's not usual that I'm up here asking to be regulated by the city, so that tells you something.

574
00:45:30,080 --> 00:45:38,280
 And kind of the functional problem with this is that the county has their own set of standards and they are not the same as the city's standards.

575
00:45:38,280 --> 00:45:40,360
 The city's standards are more rigorous.

576
00:45:40,360 --> 00:45:44,720
 Concrete streets, curb, gutter, sidewalks, that sort of thing.

577
00:45:44,720 --> 00:45:51,760
 The county standards are blacktop, bar ditches, and so by going to the county and

578
00:45:51,760 --> 00:46:00,320
 asking them to approve and review plans that are consistent with city standards, it's kind of an odd posture.

579
00:46:00,320 --> 00:46:05,640
 And so just for consistency of process and to make sure everything goes smoothly,

580
00:46:05,640 --> 00:46:08,320
 we would ask that you approve without the condition.

581
00:46:08,320 --> 00:46:12,240
 Of course, we would prefer an approval with the condition as opposed to a denial.

582
00:46:12,240 --> 00:46:14,160
 I don't think the plan is right for denial.

583
00:46:14,160 --> 00:46:19,280
 But in the event the commission is not satisfied that the condition should not apply,

584
00:46:19,280 --> 00:46:23,400
 I'm just compelled to come on record and express our opposition to that condition.

585
00:46:23,400 --> 00:46:26,040
 But that's all we're here for.

586
00:46:26,040 --> 00:46:28,920
 If you have any questions for me, I have the engineer here as well.

587
00:46:28,920 --> 00:46:31,120
 Happy to answer any questions we can.

588
00:46:31,120 --> 00:46:35,120
 Otherwise, we do look forward to an approval, preferably without condition number one.

589
00:46:35,680 --> 00:46:36,800
 We do have a couple of questions.

590
00:46:36,800 --> 00:46:37,680
 Thank you, sir.

591
00:46:37,680 --> 00:46:38,520
 Commissioner Smith.

592
00:46:38,520 --> 00:46:39,760
 Thank you, Chair.

593
00:46:39,760 --> 00:46:43,240
 How many units are in the development?

594
00:46:43,240 --> 00:46:44,840
 I mean, this is it again?

595
00:46:44,840 --> 00:46:46,800
 In phase one, two, and three?

596
00:46:46,800 --> 00:46:48,400
 Yeah, we're close to 550.

597
00:46:48,400 --> 00:46:50,320
 Yeah, 550 or so.

598
00:46:50,320 --> 00:46:52,480
 Okay, 550.

599
00:46:52,480 --> 00:46:55,520
 Timeline on development for phase one, two, and three?

600
00:46:55,520 --> 00:46:57,560
 Obviously, one first and two and three coming later.

601
00:46:57,560 --> 00:46:58,720
 Yeah.

602
00:46:58,720 --> 00:47:04,040
 Yeah, I think as soon as we get our approval, we're going to be ready to start turning dirt.

603
00:47:04,040 --> 00:47:07,800
 Okay, and then how much longer than phase two and three coming in after that?

604
00:47:07,800 --> 00:47:10,360
 We'll just follow in.

605
00:47:10,360 --> 00:47:13,560
 Rough timeline of how long that would be.

606
00:47:13,560 --> 00:47:14,920
 You'll have to come down to the mic.

607
00:47:14,920 --> 00:47:15,800
 Sorry.

608
00:47:15,800 --> 00:47:17,360
 You're in charge of the questions.

609
00:47:17,360 --> 00:47:19,560
 If I keep asking questions, you keep answering, not the mic.

610
00:47:19,560 --> 00:47:21,640
 They're going to get mad at me, so come on.

611
00:47:21,640 --> 00:47:27,160
 And if you could just say your name and address.

612
00:47:27,160 --> 00:47:28,160
 Okay.

613
00:47:28,160 --> 00:47:33,760
 Brent Murphy with Kimley-Horn, 400 Oklahoma Street, Solana, Texas.

614
00:47:33,760 --> 00:47:39,360
 The first phase is under design now, and so then it takes about 12 months to get the development

615
00:47:39,360 --> 00:47:42,840
 built, and then houses will be ready to be constructed.

616
00:47:42,840 --> 00:47:43,840
 Okay.

617
00:47:43,840 --> 00:47:48,000
 And then, so most of these developments, if it's 550, we split them up evenly.

618
00:47:48,000 --> 00:47:50,880
 Yes, the first phase is about 130 lots.

619
00:47:50,880 --> 00:47:55,080
 Okay, so maybe two and a half years or so, and then it takes basically a year to sell

620
00:47:55,080 --> 00:47:56,280
 through the first phase.

621
00:47:56,280 --> 00:47:57,280
 Okay.

622
00:47:57,280 --> 00:48:00,640
 So maybe until full-boiled out, we've got five, six years maybe at most.

623
00:48:00,640 --> 00:48:01,640
 Correct.

624
00:48:01,640 --> 00:48:02,640
 Okay, got it.

625
00:48:02,640 --> 00:48:03,640
 Thanks, appreciate it.

626
00:48:03,640 --> 00:48:06,200
 We're going to have questions from you.

627
00:48:06,200 --> 00:48:08,760
 Can we pause and send a question real fast, so I have the applicants here?

628
00:48:08,760 --> 00:48:09,760
 Okay, sorry.

629
00:48:09,760 --> 00:48:10,760
 If you're done with the applicants.

630
00:48:10,760 --> 00:48:11,760
 I'm done with the applicants.

631
00:48:11,760 --> 00:48:12,760
 I have other questions.

632
00:48:12,760 --> 00:48:15,080
 Yeah, because we might have other questions for Cindy.

633
00:48:15,080 --> 00:48:16,640
 Chris or Beck.

634
00:48:16,640 --> 00:48:17,640
 Thank you, Chair.

635
00:48:17,640 --> 00:48:25,920
 So you were concerned about the different standards for the county, and you were saying

636
00:48:25,920 --> 00:48:30,880
 that you're coming and asking for the more stringent standards of the city.

637
00:48:30,880 --> 00:48:36,400
 Is there anything precluding you from adopting voluntarily the city's stringent standards?

638
00:48:36,400 --> 00:48:39,240
 No, that's why that's exactly what we're doing.

639
00:48:39,240 --> 00:48:43,040
 The streets are going to be designed and built to city standards.

640
00:48:43,040 --> 00:48:44,480
 That's the plan.

641
00:48:44,480 --> 00:48:50,660
 My concern is asking the county to review construction drawings for streets that are

642
00:48:50,660 --> 00:48:57,240
 designed to city standards as opposed to county standards.

643
00:48:57,240 --> 00:49:01,480
 It's that they're not accustomed to reviewing concrete, curb and gutter streets.

644
00:49:01,480 --> 00:49:04,840
 It's not their standards.

645
00:49:04,840 --> 00:49:10,920
 Is there a drawback to that other than their lack of familiarity?

646
00:49:10,920 --> 00:49:14,600
 They may take a similar reading of the interlocal that I do and say, hey, why are we even looking

647
00:49:14,600 --> 00:49:16,120
 at this?

648
00:49:16,120 --> 00:49:20,040
 Because the city has exclusive jurisdiction in the Division 1 ATJ.

649
00:49:20,040 --> 00:49:23,360
 And so as the applicant, I think we're a little bit concerned about getting sort of bounced

650
00:49:23,360 --> 00:49:25,400
 back and forth between the two jurisdictions.

651
00:49:25,400 --> 00:49:30,160
 We would rather just come to one jurisdiction for all of our necessary approvals.

652
00:49:30,160 --> 00:49:35,120
 And I think that's why Chapter 242 of the government code put these interlocal agreements

653
00:49:35,120 --> 00:49:40,080
 out there so that applicants and developers have one office or a very clear set of offices

654
00:49:40,080 --> 00:49:42,680
 to go to when they were looking for approval.

655
00:49:42,680 --> 00:49:46,040
 In this case, it's the city in our opinion.

656
00:49:46,040 --> 00:49:47,040
 Okay, thank you.

657
00:49:47,040 --> 00:49:48,040
 Yeah.

658
00:49:48,040 --> 00:49:52,040
 I don't see any other questions for you.

659
00:49:52,040 --> 00:49:53,040
 Thank you.

660
00:49:53,040 --> 00:49:54,040
 Commissioner Smith.

661
00:49:54,040 --> 00:49:55,040
 Thank you, Chair.

662
00:49:55,040 --> 00:50:02,400
 What's the latest on the development of Long Road?

663
00:50:02,400 --> 00:50:03,400
 Long Road?

664
00:50:03,400 --> 00:50:09,120
 Because if we're looking at adding 550 units over the next five to six years along a road

665
00:50:09,120 --> 00:50:13,240
 that I'm pretty familiar with, and it's not a very high density area, and this is going

666
00:50:13,240 --> 00:50:15,500
 to lead into pretty much another question I'm going to ask in a second.

667
00:50:15,500 --> 00:50:17,600
 So I'll ask you this now.

668
00:50:17,600 --> 00:50:22,980
 Whenever we're approving preliminary plots in an ETJ, do we have the same type of rules

669
00:50:22,980 --> 00:50:26,080
 that trigger a TIA in this scenario?

670
00:50:26,080 --> 00:50:28,880
 Is there any type of traffic impact that would come in here?

671
00:50:28,880 --> 00:50:30,800
 I know this is not a zoning issue.

672
00:50:30,800 --> 00:50:33,040
 It's more of a preliminary platen.

673
00:50:33,040 --> 00:50:37,680
 So if we're looking at it from this standpoint, I'm looking at it as saying a traffic impact

674
00:50:37,680 --> 00:50:45,640
 analysis was pretty important for a two lane road that's about to gain 550 units and just

675
00:50:45,640 --> 00:50:48,760
 be conservative and say one and a half cars per unit.

676
00:50:48,760 --> 00:50:51,040
 So we're talking about 800 cars.

677
00:50:51,040 --> 00:50:52,040
 Right.

678
00:50:52,040 --> 00:50:56,920
 That's a lot going on to a two lane road in the next six years if we don't have any development

679
00:50:56,920 --> 00:50:57,920
 for it.

680
00:50:57,920 --> 00:51:03,600
 This is, to be honest, this type of subdivision in the ETJ is a totally new...

681
00:51:03,600 --> 00:51:04,600
 I would agree.

682
00:51:04,600 --> 00:51:08,600
 ...type of thing for the city to review.

683
00:51:08,600 --> 00:51:12,080
 I will check and see if a TIA would be required.

684
00:51:12,080 --> 00:51:22,080
 I am not sure if we can require TIAs in the ETJ.

685
00:51:22,080 --> 00:51:26,880
 I don't believe that we have required a TIA within the ETJ.

686
00:51:26,880 --> 00:51:32,000
 I think part of the challenge is typically when we have our construction engineering

687
00:51:32,000 --> 00:51:36,840
 plan review and construction, there's a performance maintenance bond that's included with that

688
00:51:36,840 --> 00:51:40,120
 as well as a maintenance bond after the fact.

689
00:51:40,120 --> 00:51:43,680
 We would not want to be a party or the three way agreement would...

690
00:51:43,680 --> 00:51:48,800
 I don't know why the city would enter into such if we would not maintain those roads.

691
00:51:48,800 --> 00:51:50,840
 Why would we have a maintenance bond for that?

692
00:51:50,840 --> 00:51:51,840
 Okay.

693
00:51:51,840 --> 00:51:54,760
 I guess that maintenance bond though wouldn't stem over to the roads that the city does

694
00:51:54,760 --> 00:51:59,520
 maintain, like long road though, that would have impact from not the maintenance of the

695
00:51:59,520 --> 00:52:03,040
 roads that are inside the development, which is the ETJ, I get that part, but what about

696
00:52:03,040 --> 00:52:05,200
 the impact of the roads that it does connect to?

697
00:52:05,200 --> 00:52:07,280
 That's not an ETJ.

698
00:52:07,280 --> 00:52:12,200
 If it was a city road, then again, it depends on...

699
00:52:12,200 --> 00:52:15,960
 I think with this one, it's not that they're building a whole new road.

700
00:52:15,960 --> 00:52:20,580
 I think it's just a component to that.

701
00:52:20,580 --> 00:52:24,000
 The applicant gave me an email that was sent out by the city.

702
00:52:24,000 --> 00:52:28,520
 This is a facilitator that worked on this project with me.

703
00:52:28,520 --> 00:52:35,340
 The facilitator did some research and has found that traffic impact analysis criteria

704
00:52:35,340 --> 00:52:40,160
 apply to properties in the ETJ and future analysis of impacts on long and short roads

705
00:52:40,160 --> 00:52:45,240
 will be required to support the implementation of the project.

706
00:52:45,240 --> 00:52:46,240
 Okay.

707
00:52:46,240 --> 00:52:51,760
 At this point now though, if we approve a preliminary plat, you're saying that it's required for

708
00:52:51,760 --> 00:52:53,760
 the implementation of the product.

709
00:52:53,760 --> 00:52:57,920
 What next step do we have that stops that to make sure that gets occurred?

710
00:52:57,920 --> 00:53:05,280
 That would be part of the CEP process, they'd need the traffic impact analysis as well.

711
00:53:05,280 --> 00:53:09,280
 Before a final plat's approved and the city would have to go through it and make sure

712
00:53:09,280 --> 00:53:12,960
 that meets its requirements, it's not going to overload, I'm guessing what is probably

713
00:53:12,960 --> 00:53:18,800
 defined as a collector, I'm guessing long is defined as a collector on there.

714
00:53:18,800 --> 00:53:20,680
 I believe that.

715
00:53:20,680 --> 00:53:21,680
 I can check that for you.

716
00:53:21,680 --> 00:53:22,680
 I'm not certain of it.

717
00:53:22,680 --> 00:53:29,040
 I believe it is a collector, but I'll check that.

718
00:53:29,040 --> 00:53:32,560
 I'm just afraid because the final plat would then become on as just a consent agenda, so

719
00:53:32,560 --> 00:53:36,920
 we wouldn't really see much in the way of ... I know the city would do its own back

720
00:53:36,920 --> 00:53:41,440
 part in the engineering to make sure that it's not going to overload it, but this project

721
00:53:41,440 --> 00:53:42,440
 does scare me.

722
00:53:42,440 --> 00:53:44,600
 That's kind of why I was asking about that stuff in the work session.

723
00:53:44,600 --> 00:53:45,600
 Yeah.

724
00:53:45,600 --> 00:53:48,360
 Scares me from how much energy we're going to put into there and we have, as a city,

725
00:53:48,360 --> 00:53:53,200
 we don't have a whole lot of control over what can happen by dumping it all into long

726
00:53:53,200 --> 00:53:57,800
 and onto steward, which I don't think it doesn't have any connection to steward either.

727
00:53:57,800 --> 00:53:58,800
 Okay.

728
00:53:58,800 --> 00:53:59,800
 Thanks.

729
00:53:59,800 --> 00:54:00,800
 Commissioner Ellis.

730
00:54:00,800 --> 00:54:01,800
 Thank you, Chair.

731
00:54:01,800 --> 00:54:07,840
 Cindy, we seem to have a hang up on this condition.

732
00:54:07,840 --> 00:54:11,840
 Talk to me about the city's reasoning for establishing this condition.

733
00:54:11,840 --> 00:54:18,840
 The city's reasoning for establishing this condition is primarily to make sure that the

734
00:54:18,840 --> 00:54:22,360
 county will accept the streets, because they're not city streets.

735
00:54:22,360 --> 00:54:26,680
 They're in the county, and the county has to ultimately accept the streets and maintain

736
00:54:26,680 --> 00:54:27,960
 the streets.

737
00:54:27,960 --> 00:54:30,760
 Is there reason to believe they would not?

738
00:54:30,760 --> 00:54:33,040
 They don't meet county standards.

739
00:54:33,040 --> 00:54:40,100
 County standards require asphalt with a bar ditch, and what we have here are suburban

740
00:54:40,100 --> 00:54:41,920
 street sections.

741
00:54:41,920 --> 00:54:42,920
 Okay.

742
00:54:42,920 --> 00:54:43,920
 Okay.

743
00:54:43,920 --> 00:54:44,920
 Thanks.

744
00:54:44,920 --> 00:54:48,920
 I have a question.

745
00:54:48,920 --> 00:54:53,520
 Can you go back to the condition, please?

746
00:54:53,520 --> 00:55:01,880
 It's saying that construction plans must be approved by Denton County and civil construction

747
00:55:01,880 --> 00:55:08,320
 approved by the city, but it seems like that's a ... I'm hearing this wrong.

748
00:55:08,320 --> 00:55:11,880
 If they build to city standard roads, it won't match county.

749
00:55:11,880 --> 00:55:12,880
 No, they won't.

750
00:55:12,880 --> 00:55:16,120
 And if they build to county roads, it won't match city.

751
00:55:16,120 --> 00:55:17,120
 That's right.

752
00:55:17,120 --> 00:55:23,320
 So how are we acquiring an and in that condition, not an or, because if it's an and, and those

753
00:55:23,320 --> 00:55:26,280
 are conflicting, they will never meet this condition.

754
00:55:26,280 --> 00:55:30,940
 Am I missing something here?

755
00:55:30,940 --> 00:55:38,080
 If they built to the county standard, we would not object to it.

756
00:55:38,080 --> 00:55:45,620
 Mr. Chair, the condition is referring to the streets for the county and the sewer and the

757
00:55:45,620 --> 00:55:46,620
 water for the city.

758
00:55:46,620 --> 00:55:48,880
 So there's two different components to that condition.

759
00:55:48,880 --> 00:55:49,880
 Okay.

760
00:55:49,880 --> 00:55:53,640
 So the street paving is only county?

761
00:55:53,640 --> 00:55:54,640
 Correct.

762
00:55:54,640 --> 00:55:55,640
 Okay.

763
00:55:55,640 --> 00:56:00,320
 Because the sewer and water would be connected to the city system, so that's why we have

764
00:56:00,320 --> 00:56:03,600
 the authority over the review of that part.

765
00:56:03,600 --> 00:56:04,600
 Okay.

766
00:56:04,600 --> 00:56:05,600
 Thank you for that clarification.

767
00:56:05,600 --> 00:56:06,600
 Commissioner Anderson.

768
00:56:06,600 --> 00:56:07,600
 Thank you, Chair.

769
00:56:07,600 --> 00:56:14,680
 So the county will not approve city streets, the county would not approve concrete streets

770
00:56:14,680 --> 00:56:15,680
 with drainage?

771
00:56:15,680 --> 00:56:16,680
 We don't know.

772
00:56:16,680 --> 00:56:17,680
 We don't know.

773
00:56:17,680 --> 00:56:20,680
 There would seem to be a better option.

774
00:56:20,680 --> 00:56:30,200
 Probably more expensive for them though.

775
00:56:30,200 --> 00:56:41,240
 That's hard to say.

776
00:56:41,240 --> 00:56:42,240
 Yeah.

777
00:56:42,240 --> 00:56:45,800
 This is piggybacking off Commissioner Anderson's question and that is, do we have any historical

778
00:56:45,800 --> 00:56:51,760
 examples of city, Denton city style streets in the county being approved?

779
00:56:51,760 --> 00:56:54,400
 No, we don't.

780
00:56:54,400 --> 00:56:55,400
 Thank you.

781
00:56:55,400 --> 00:57:02,920
 Yes, and this is basically just to add clarity per the Chair's concern.

782
00:57:02,920 --> 00:57:10,200
 Can we have these broken up into two recommendations where after Denton County, basically instead

783
00:57:10,200 --> 00:57:14,680
 of and, we drop that into a condition two, so that way the second condition would be

784
00:57:14,680 --> 00:57:19,840
 the water and sewer lines would be approved by the city and the first one would be the...

785
00:57:19,840 --> 00:57:25,200
 I think you can make that motion to approve it that way.

786
00:57:25,200 --> 00:57:26,200
 Thank you, Mr. Smith.

787
00:57:26,200 --> 00:57:27,200
 Thank you, Chair.

788
00:57:27,200 --> 00:57:33,320
 Cindy, what's the county then, because the ETJ would have, they have, I guess, ruling

789
00:57:33,320 --> 00:57:39,680
 or regulations on accessibility to emergency services and because the ETJ would be at Denton

790
00:57:39,680 --> 00:57:45,040
 emergency services, this- Right, they have their own fire district and

791
00:57:45,040 --> 00:57:52,920
 fire inspectors and perhaps they'd have to have some sort of agreement between the city

792
00:57:52,920 --> 00:57:53,920
 and the county.

793
00:57:53,920 --> 00:57:57,680
 And legal can shoot me down on this, because I'm going to ask you a subjective question.

794
00:57:57,680 --> 00:58:01,920
 If this was not an ETJ, would this preliminary plot pass for accessibility for emergency

795
00:58:01,920 --> 00:58:06,200
 services, because I'm only seeing one way in and one way out in that preliminary plot.

796
00:58:06,200 --> 00:58:08,560
 There's stub outs to the other pieces of land, but-

797
00:58:08,560 --> 00:58:12,880
 Again, are the fire code, this is in the ETJ and our fire code did not review it because

798
00:58:12,880 --> 00:58:13,880
 it's...

799
00:58:13,880 --> 00:58:14,880
 Fire code is under county.

800
00:58:14,880 --> 00:58:20,560
 I understand that, but I guess my better question would be in a city development, if a plot

801
00:58:20,560 --> 00:58:23,240
 was to come in for us in a city development, it only has a one way in, one way out, is

802
00:58:23,240 --> 00:58:25,400
 that approved by city code fire ordinance?

803
00:58:25,400 --> 00:58:31,600
 In a city development, we would ensure that there were two ways in and out for an emergency

804
00:58:31,600 --> 00:58:32,600
 situation.

805
00:58:32,600 --> 00:58:33,600
 All right, question.

806
00:58:33,600 --> 00:58:34,600
 Thank you very much.

807
00:58:34,600 --> 00:58:35,600
 Appreciate it.

808
00:58:35,600 --> 00:58:36,600
 I have one more question.

809
00:58:36,600 --> 00:58:43,520
 If they build city standard roads and they present, they would have to present that to

810
00:58:43,520 --> 00:58:51,400
 the county for acceptance, if the county rejects those roads, their project wouldn't go through,

811
00:58:51,400 --> 00:58:52,400
 correct?

812
00:58:52,400 --> 00:58:58,800
 Well, again, they would have no...

813
00:58:58,800 --> 00:59:04,420
 If this county didn't accept the roads, consequences are the county wouldn't maintain them, and

814
00:59:04,420 --> 00:59:08,080
 so there would be no road maintenance because they're not city roads, the city wouldn't

815
00:59:08,080 --> 00:59:09,080
 maintain them.

816
00:59:09,080 --> 00:59:13,600
 The city would only maintain water and sewer.

817
00:59:13,600 --> 00:59:17,560
 I know we're speaking on the jurisdiction, that's not ours, but you're saying it's possible

818
00:59:17,560 --> 00:59:21,880
 for them to build city standard roads, the county rejects them, their project go forward

819
00:59:21,880 --> 00:59:25,800
 with roads they've built, and then there's no jurisdiction for maintenance of those roads?

820
00:59:25,800 --> 00:59:29,320
 I don't know if it could move forward, again, this is something that is new that we've never

821
00:59:29,320 --> 00:59:30,320
 dealt with before.

822
00:59:30,320 --> 00:59:38,240
 As it stands, what I do know is if the county did not accept the roads, then there would

823
00:59:38,240 --> 00:59:40,080
 be no maintenance for the roads.

824
00:59:40,080 --> 00:59:48,800
 One possibility would be an HOA, private streets, perhaps, that would have to maintain the roads.

825
00:59:48,800 --> 00:59:49,800
 We would not have any jurisdiction.

826
00:59:49,800 --> 00:59:53,880
 It wouldn't be like they're going to submit for building permits, and we're going to have...

827
00:59:53,880 --> 00:59:54,880
 We just...

828
00:59:54,880 --> 00:59:57,880
 That would all go through Denton County.

829
00:59:57,880 --> 01:00:01,240
 I'd love if you could add some clarity to that situation.

830
01:00:01,240 --> 01:00:07,440
 I can try, and your council can agree or disagree at her leisure, but the interlocal agreement

831
01:00:07,440 --> 01:00:10,360
 mandates that the county maintain the roads.

832
01:00:10,360 --> 01:00:14,880
 Now if the county decides they just don't want to, well, then you have an agreement

833
01:00:14,880 --> 01:00:20,280
 in place, and potentially one party that hasn't fulfilled their obligations under an agreement.

834
01:00:20,280 --> 01:00:25,320
 But the acceptance wouldn't come until after we've already constructed the roads.

835
01:00:25,320 --> 01:00:26,320
 Then they would...

836
01:00:26,320 --> 01:00:31,920
 Yes, the project would proceed, but there would be, I suppose, a jurisdictional dispute

837
01:00:31,920 --> 01:00:35,040
 over whose roads they are.

838
01:00:35,040 --> 01:00:41,360
 A dedication of roadways is a two-part process of dedication, and you have acceptance.

839
01:00:41,360 --> 01:00:45,680
 We would offer to dedicate the roads on the plat, and then it's up to the governing body

840
01:00:45,680 --> 01:00:50,560
 of the county or the city to accept them.

841
01:00:50,560 --> 01:00:51,560
 Okay.

842
01:00:51,560 --> 01:00:56,960
 That adds marginal clarity, but I appreciate the effort.

843
01:00:56,960 --> 01:01:01,000
 The main item is that the project would go through.

844
01:01:01,000 --> 01:01:02,000
 Yeah.

845
01:01:02,000 --> 01:01:03,000
 Okay.

846
01:01:03,000 --> 01:01:04,000
 Commissioner Ellis.

847
01:01:04,000 --> 01:01:05,000
 Thank you.

848
01:01:05,000 --> 01:01:06,000
 Yes, ma'am.

849
01:01:06,000 --> 01:01:12,840
 So I think what I hear you saying is if the county were to reject the roads, you're going

850
01:01:12,840 --> 01:01:16,160
 through with the project anyway, which is perhaps why you don't want this condition

851
01:01:16,160 --> 01:01:17,160
 in here.

852
01:01:17,160 --> 01:01:18,160
 Correct?

853
01:01:18,160 --> 01:01:19,160
 Well, yes and no.

854
01:01:19,160 --> 01:01:24,280
 I mean, I think it's a timing question.

855
01:01:24,280 --> 01:01:28,320
 We would have already built the roads by the time we learn that the county will or will

856
01:01:28,320 --> 01:01:29,320
 not accept them.

857
01:01:29,320 --> 01:01:36,120
 And so once we've built the infrastructure, yeah, we're going to proceed with the project.

858
01:01:36,120 --> 01:01:40,400
 The concern on this condition is that it's in a condition on our final plat.

859
01:01:40,400 --> 01:01:47,640
 So if we march our construction plans for paving and drainage facilities to the county

860
01:01:47,640 --> 01:01:52,560
 and ask them for approval, and again, some of this is speculative, and I'll grant that

861
01:01:52,560 --> 01:01:53,560
 to you.

862
01:01:53,560 --> 01:01:57,360
 I have not confirmed one way or the other what's going to happen.

863
01:01:57,360 --> 01:02:02,960
 What our concern is that if we walk these plans to the county, they either refuse to

864
01:02:02,960 --> 01:02:07,320
 accept them because in their estimation, they don't have any jurisdiction to be looking

865
01:02:07,320 --> 01:02:12,320
 at construction drawings in the ETJ because of the interlocal agreement, or they accept

866
01:02:12,320 --> 01:02:17,760
 the drawings and they deny them because they don't comport with county standards.

867
01:02:17,760 --> 01:02:21,080
 Sometimes counties don't want to maintain concrete streets because they're more expensive

868
01:02:21,080 --> 01:02:22,080
 to maintain.

869
01:02:22,080 --> 01:02:25,960
 The equipment that they have is more geared toward blacktop streets.

870
01:02:25,960 --> 01:02:28,600
 Maybe they don't want that maintenance responsibility.

871
01:02:28,600 --> 01:02:30,480
 I don't know.

872
01:02:30,480 --> 01:02:34,680
 Our concern is getting sort of whipsawed back and forth between the city and the county

873
01:02:34,680 --> 01:02:40,280
 over this issue, and our preference would simply be to look to the interlocal and say

874
01:02:40,280 --> 01:02:46,080
 this should all be city stuff if the county on the back end decides they don't want to

875
01:02:46,080 --> 01:02:50,720
 accept or maintain the streets.

876
01:02:50,720 --> 01:02:54,920
 I think there are provisions that would prevent that from happening legally, but we obviously

877
01:02:54,920 --> 01:02:57,160
 can't make them do anything.

878
01:02:57,160 --> 01:03:01,160
 But that's obviously the city's concern, too, is if you go forward with a project and they

879
01:03:01,160 --> 01:03:05,960
 reject to maintain the roads, then we have a serious problem on our hands, and this is

880
01:03:05,960 --> 01:03:13,200
 effectively at our city property line.

881
01:03:13,200 --> 01:03:21,680
 It seems a reasonable concern from the city to protect the citizens of that particular

882
01:03:21,680 --> 01:03:28,680
 development going forward.

883
01:03:28,680 --> 01:03:34,240
 What's the plan, what's your plan if there's not a condition, you do construction drawings

884
01:03:34,240 --> 01:03:39,480
 for city engineered standards, county does not accept them?

885
01:03:39,480 --> 01:03:44,080
 What's the plan for maintenance of those roads?

886
01:03:44,080 --> 01:03:47,800
 I don't think at this point, again, since we're sort of speculating, and I understand

887
01:03:47,800 --> 01:03:54,820
 your question, I don't think we have any plans to take on a private maintenance obligation

888
01:03:54,820 --> 01:03:59,920
 of those roads, because it would be our position that it is the county's responsibility to

889
01:03:59,920 --> 01:04:01,800
 maintain those roads.

890
01:04:01,800 --> 01:04:09,320
 I think there's authority for that, and so what 500 homeowners in the future elect to

891
01:04:09,320 --> 01:04:14,840
 do in order to get their roads maintained, I think would largely be up to them.

892
01:04:14,840 --> 01:04:20,780
 These roads probably wouldn't need any serious maintenance for many years.

893
01:04:20,780 --> 01:04:24,920
 County government can change, administrations can change, perspectives can change.

894
01:04:24,920 --> 01:04:29,840
 Those people would all be voters, they can vote for a new county commissioner or whatever.

895
01:04:29,840 --> 01:04:33,440
 If they don't feel like they're being paid attention to, there's a political solution

896
01:04:33,440 --> 01:04:34,440
 for them.

897
01:04:34,440 --> 01:04:38,680
 But at this point, I can't volunteer that we would commit to any private maintenance.

898
01:04:38,680 --> 01:04:41,800
 I appreciate the honesty, I'm just trying to fully flesh this out.

899
01:04:41,800 --> 01:04:42,800
 Commissioner Beck.

900
01:04:42,800 --> 01:04:43,800
 Thank you, Chair.

901
01:04:43,800 --> 01:04:48,720
 Well, if you like the benefits of the city and the restrictions of the city and the services

902
01:04:48,720 --> 01:04:53,760
 of the city and all the rules of the city, why were you not trying to become annexed

903
01:04:53,760 --> 01:04:55,440
 by the city voluntarily?

904
01:04:55,440 --> 01:05:00,920
 I think there was some discussion early on in this process about an annexation in connection

905
01:05:00,920 --> 01:05:03,560
 with a public improvement district.

906
01:05:03,560 --> 01:05:11,600
 Those conversations, I understand them fizzled, and so here we are.

907
01:05:11,600 --> 01:05:16,360
 You want to move forward anyway, regardless.

908
01:05:16,360 --> 01:05:18,720
 That's correct.

909
01:05:18,720 --> 01:05:19,720
 Commissioner Smith.

910
01:05:19,720 --> 01:05:20,720
 Thank you, Chair.

911
01:05:20,720 --> 01:05:21,720
 Where's phase one?

912
01:05:21,720 --> 01:05:24,800
 We're only improving phase two and phase three.

913
01:05:24,800 --> 01:05:25,800
 Where's phase one?

914
01:05:25,800 --> 01:05:26,800
 Right here.

915
01:05:26,800 --> 01:05:27,800
 Yeah, right here.

916
01:05:27,800 --> 01:05:28,800
 Okay.

917
01:05:28,800 --> 01:05:29,800
 Point through there.

918
01:05:29,800 --> 01:05:30,800
 Point there.

919
01:05:30,800 --> 01:05:31,800
 Yeah.

920
01:05:31,800 --> 01:05:37,000
 So phase one is this area right here.

921
01:05:37,000 --> 01:05:38,000
 That's right there?

922
01:05:38,000 --> 01:05:39,000
 Yeah.

923
01:05:39,000 --> 01:05:40,960
 And that's already, we've already seen that and proved it, correct?

924
01:05:40,960 --> 01:05:41,960
 Correct.

925
01:05:41,960 --> 01:05:43,480
 We submitted construction plans for that.

926
01:05:43,480 --> 01:05:51,080
 That's what's underway through staff reviews, but that's because that portion, pluriplat

927
01:05:51,080 --> 01:05:57,360
 wasn't required in ETJ, so we started with construction plans at that point.

928
01:05:57,360 --> 01:05:59,840
 So we're seeing stage two and three before we see stage one?

929
01:05:59,840 --> 01:06:02,160
 Yeah, just because it's a pluriplat, right?

930
01:06:02,160 --> 01:06:03,160
 Yeah, sure.

931
01:06:03,160 --> 01:06:04,160
 But phase one is phase one.

932
01:06:04,160 --> 01:06:05,160
 It'll go first.

933
01:06:05,160 --> 01:06:06,160
 Okay.

934
01:06:06,160 --> 01:06:09,440
 And it's got the road frontage that you can see on Long and Stewart.

935
01:06:09,440 --> 01:06:10,440
 Okay.

936
01:06:10,440 --> 01:06:11,440
 So we're reviewing that, right?

937
01:06:11,440 --> 01:06:12,440
 Correct.

938
01:06:12,440 --> 01:06:13,440
 Yeah.

939
01:06:13,440 --> 01:06:16,680
 Interestingly enough, I think the city's actually reviewing our construction plans for phase

940
01:06:16,680 --> 01:06:17,680
 one.

941
01:06:17,680 --> 01:06:18,680
 Okay.

942
01:06:18,680 --> 01:06:21,960
 Is there connectivity in phase one to Long Road?

943
01:06:21,960 --> 01:06:24,640
 Yes, there's connectivity to both roads.

944
01:06:24,640 --> 01:06:25,640
 Okay.

945
01:06:25,640 --> 01:06:26,640
 So you see the-

946
01:06:26,640 --> 01:06:27,640
 You connect to Stewart, you connect to Long there.

947
01:06:27,640 --> 01:06:28,640
 Correct.

948
01:06:28,640 --> 01:06:29,640
 To Stewart and to Long.

949
01:06:29,640 --> 01:06:30,640
 Perfect.

950
01:06:30,640 --> 01:06:33,760
 And I think I mean multiples on Long, but those will be providing the multiple access

951
01:06:33,760 --> 01:06:34,760
 points to phase two and three.

952
01:06:34,760 --> 01:06:35,760
 Okay.

953
01:06:35,760 --> 01:06:36,760
 Got it.

954
01:06:36,760 --> 01:06:37,760
 Thank you.

955
01:06:37,760 --> 01:06:38,760
 Appreciate it.

956
01:06:38,760 --> 01:06:40,640
 I don't see any other questions.

957
01:06:40,640 --> 01:06:48,320
 Chair will certainly, well first if anyone else wants to speak and add some input, certainly

958
01:06:48,320 --> 01:06:50,120
 happy to have you.

959
01:06:50,120 --> 01:06:57,760
 I will say as I wait for a motioner that initially I thought the idea of getting rid of the conditions

960
01:06:57,760 --> 01:06:59,760
 was a good idea.

961
01:06:59,760 --> 01:07:09,960
 However, I'd rather have a maintained blacktop road than a deconstructing cement road with

962
01:07:09,960 --> 01:07:12,720
 no insured plan.

963
01:07:12,720 --> 01:07:16,520
 I think cement and the city standards are better than county standards, but if they're

964
01:07:16,520 --> 01:07:21,280
 not going to have a plan for maintenance, I'd rather have a asphalt road that's being

965
01:07:21,280 --> 01:07:23,080
 properly maintained that the county will accept.

966
01:07:23,080 --> 01:07:26,320
 So that's just my two cents on it, but I'll turn it over to Commissioner Beck.

967
01:07:26,320 --> 01:07:27,320
 Thank you, Chair.

968
01:07:27,320 --> 01:07:32,760
 I'm actually going to make a motion to deny because of the confusion that we've just been

969
01:07:32,760 --> 01:07:37,720
 dealing with right here, as well as some of the other issues that I mentioned at the outset

970
01:07:37,720 --> 01:07:41,200
 of discussion.

971
01:07:41,200 --> 01:07:42,480
 We have a motion for denial.

972
01:07:42,480 --> 01:07:43,480
 Commissioner Anderson?

973
01:07:43,480 --> 01:07:44,480
 Thank you, Chair.

974
01:07:44,480 --> 01:07:48,760
 I have a question for the...

975
01:07:48,760 --> 01:07:50,960
 We need to see what happens with this motion first.

976
01:07:50,960 --> 01:07:51,960
 Thanks.

977
01:07:51,960 --> 01:07:55,520
 Do we have a second for deny?

978
01:07:55,520 --> 01:07:59,160
 Seeing none, the motion fails.

979
01:07:59,160 --> 01:08:03,600
 Commissioner Anderson?

980
01:08:03,600 --> 01:08:04,600
 Would the developer...

981
01:08:04,600 --> 01:08:10,560
 Would you guys be willing to develop the subdivision with the asphalt roads instead of concrete

982
01:08:10,560 --> 01:08:14,760
 to be in compliance with county standards?

983
01:08:14,760 --> 01:08:20,320
 I think this is where it gets challenging because if we were to develop blacktop roads,

984
01:08:20,320 --> 01:08:24,760
 we would not be complying with the city standards, which is what applies.

985
01:08:24,760 --> 01:08:25,760
 So...

986
01:08:25,760 --> 01:08:29,600
 Then why don't we have this discussion if it applies?

987
01:08:29,600 --> 01:08:31,600
 That's a great question.

988
01:08:31,600 --> 01:08:40,800
 If concrete is what is recommended, then why are we having this issue?

989
01:08:40,800 --> 01:08:46,600
 One of the advantages of this condition is that we will find out before anything is constructed

990
01:08:46,600 --> 01:08:51,880
 whether or not the county will accept suburban style streets.

991
01:08:51,880 --> 01:08:56,400
 Is there a way we can just cut the chase and just go straight to the county first and sit

992
01:08:56,400 --> 01:09:01,160
 there and say, "Hey, we want to do concrete streets and bring it back."

993
01:09:01,160 --> 01:09:03,400
 Does it make sense?

994
01:09:03,400 --> 01:09:09,080
 Instead of approving it with conditions, without conditions, denying it and all that stuff,

995
01:09:09,080 --> 01:09:12,280
 is there a way we can sit there and say, "Hey, let's just move this back a couple of weeks,"

996
01:09:12,280 --> 01:09:15,600
 and sit there and the developer goes to the county and says, "Hey, we want to develop

997
01:09:15,600 --> 01:09:16,600
 this.

998
01:09:16,600 --> 01:09:17,600
 We want to do concrete streets.

999
01:09:17,600 --> 01:09:18,600
 Will you accept this?"

1000
01:09:18,600 --> 01:09:21,400
 And if not, then they know which way we need to proceed.

1001
01:09:21,400 --> 01:09:22,720
 This is shot clock.

1002
01:09:22,720 --> 01:09:23,720
 We can't move it back.

1003
01:09:23,720 --> 01:09:24,720
 Okay.

1004
01:09:24,720 --> 01:09:25,720
 All right.

1005
01:09:25,720 --> 01:09:26,720
 All right.

1006
01:09:26,720 --> 01:09:27,720
 That makes sense.

1007
01:09:27,720 --> 01:09:28,720
 Okay.

1008
01:09:28,720 --> 01:09:29,720
 Thank you.

1009
01:09:29,720 --> 01:09:30,720
 Can I get clarification on this?

1010
01:09:30,720 --> 01:09:32,720
 The city will not allow them to build Blacktown?

1011
01:09:32,720 --> 01:09:35,560
 Can someone answer that?

1012
01:09:35,560 --> 01:09:43,760
 Are they, if the county approves a county approvable road, if it meets county standards,

1013
01:09:43,760 --> 01:09:50,640
 will the city approve the county standard roads for this development?

1014
01:09:50,640 --> 01:09:55,120
 For materialized and the transportation criteria manual, in the City of Dent, you have two

1015
01:09:55,120 --> 01:09:56,120
 options.

1016
01:09:56,120 --> 01:09:57,120
 You have reinforced concrete or you have asphalt.

1017
01:09:57,120 --> 01:09:59,920
 But this is in the City of Dent, correct?

1018
01:09:59,920 --> 01:10:00,920
 Correct.

1019
01:10:00,920 --> 01:10:01,920
 Those are our two.

1020
01:10:01,920 --> 01:10:02,920
 So if they elected to do asphalt, they could.

1021
01:10:02,920 --> 01:10:06,720
 I think the issue is the county's drainage that requires the bar ditch.

1022
01:10:06,720 --> 01:10:11,360
 In addition, where the City of Dent will allow you to have water and sewer within the right

1023
01:10:11,360 --> 01:10:15,360
 of way, the county does not.

1024
01:10:15,360 --> 01:10:21,000
 But drainage and pavings fall into county authorities.

1025
01:10:21,000 --> 01:10:29,680
 So if the bar ditch, the top, if all paving and drainage meets county, that's okay from

1026
01:10:29,680 --> 01:10:30,680
 the city's perspective.

1027
01:10:30,680 --> 01:10:32,600
 The city's only looking at water and sewer.

1028
01:10:32,600 --> 01:10:33,600
 Correct.

1029
01:10:33,600 --> 01:10:37,000
 We're deferring to the county because they're going to essentially own those roads.

1030
01:10:37,000 --> 01:10:38,000
 Okay.

1031
01:10:38,000 --> 01:10:39,000
 So yes.

1032
01:10:39,000 --> 01:10:43,120
 So Blacktop can move forward in the city.

1033
01:10:43,120 --> 01:10:44,120
 Okay.

1034
01:10:44,120 --> 01:10:45,120
 Commissioner Smith.

1035
01:10:45,120 --> 01:10:46,120
 Thank you, Chair.

1036
01:10:46,120 --> 01:10:47,120
 Cindy, you mentioned shot clock.

1037
01:10:47,120 --> 01:10:51,120
 So if we don't, if we, there was a vote to table or something else like that, this would,

1038
01:10:51,120 --> 01:10:53,080
 this would, we would hit, we would hit the end of it.

1039
01:10:53,080 --> 01:10:57,160
 So we could, can we approve of the, if the applicant requested a 30-day extension.

1040
01:10:57,160 --> 01:10:58,160
 Yeah, exactly.

1041
01:10:58,160 --> 01:11:02,960
 In order to postpone this, the applicant would have to request the 30-day extension to the

1042
01:11:02,960 --> 01:11:06,840
 March, March 4th meeting.

1043
01:11:06,840 --> 01:11:07,840
 They've already done that.

1044
01:11:07,840 --> 01:11:08,840
 They've already done that.

1045
01:11:08,840 --> 01:11:09,840
 So they've done their one request.

1046
01:11:09,840 --> 01:11:10,840
 They can't do it.

1047
01:11:10,840 --> 01:11:11,840
 Your choice is either to approve or deny.

1048
01:11:11,840 --> 01:11:12,840
 Gotcha.

1049
01:11:12,840 --> 01:11:15,360
 So we have no opposed.

1050
01:11:15,360 --> 01:11:17,400
 And you have to deny with reason.

1051
01:11:17,400 --> 01:11:18,400
 Got it.

1052
01:11:18,400 --> 01:11:19,400
 Understood.

1053
01:11:19,400 --> 01:11:20,400
 Thank you, ma'am.

1054
01:11:20,400 --> 01:11:29,280
 And just to confirm, if there's no action, it's an approval without a condition.

1055
01:11:29,280 --> 01:11:32,480
 I would, I would really caution against a denial.

1056
01:11:32,480 --> 01:11:39,280
 We would much prefer an approval this evening, even with the condition and hope that everything

1057
01:11:39,280 --> 01:11:41,840
 works out with the county.

1058
01:11:41,840 --> 01:11:49,040
 In any event, you know, I don't think we have any clear ordinance justification for a denial.

1059
01:11:49,040 --> 01:11:54,200
 But again, if the commission approves with the condition, it's just incumbent upon me

1060
01:11:54,200 --> 01:11:56,840
 to register our opposition on the record.

1061
01:11:56,840 --> 01:12:00,040
 But in any event, an approval is what we are seeking this evening.

1062
01:12:00,040 --> 01:12:01,520
 Commissioner Smith.

1063
01:12:01,520 --> 01:12:03,420
 Thank you, Chair.

1064
01:12:03,420 --> 01:12:10,920
 Richard and legal, the, so a no action is an approval because that's per the, per the

1065
01:12:10,920 --> 01:12:11,920
 rule that we created.

1066
01:12:11,920 --> 01:12:12,920
 Correct?

1067
01:12:12,920 --> 01:12:13,920
 No action is an approval.

1068
01:12:13,920 --> 01:12:14,920
 Whenever it's a shot clock.

1069
01:12:14,920 --> 01:12:15,920
 Does it go to city council?

1070
01:12:15,920 --> 01:12:16,920
 A super majority?

1071
01:12:16,920 --> 01:12:20,080
 It just goes with that was as approval with no, no limitations on whatsoever.

1072
01:12:20,080 --> 01:12:21,080
 It goes as an approval.

1073
01:12:21,080 --> 01:12:22,080
 Does it go?

1074
01:12:22,080 --> 01:12:23,080
 Approved.

1075
01:12:23,080 --> 01:12:24,080
 Okay.

1076
01:12:24,080 --> 01:12:25,080
 All right.

1077
01:12:25,080 --> 01:12:26,080
 Okay.

1078
01:12:26,080 --> 01:12:37,080
 Cynthia, in your professional opinion, do you agree with the assessment of the interlocal

1079
01:12:37,080 --> 01:12:39,440
 agreements as put forth this evening?

1080
01:12:39,440 --> 01:12:43,880
 No, actually the city attorney's office does not.

1081
01:12:43,880 --> 01:12:49,880
 The interlocal agreement clearly obligates the county to maintain the streets within

1082
01:12:49,880 --> 01:12:51,760
 the ETJ.

1083
01:12:51,760 --> 01:12:53,760
 They're not within the city limits.

1084
01:12:53,760 --> 01:12:58,920
 The reason that we're reviewing the construction plans for the, the water and sewer is because

1085
01:12:58,920 --> 01:13:02,600
 they are connecting to our water and sewer system.

1086
01:13:02,600 --> 01:13:05,120
 That's how the interlocal agreement was drafted.

1087
01:13:05,120 --> 01:13:10,480
 And as Ms. Jackson said, this is a, a first for us.

1088
01:13:10,480 --> 01:13:17,640
 We have basically a suburban style plat right on the outer edge of our, our city limits

1089
01:13:17,640 --> 01:13:21,400
 and we can't, we can't force annexation.

1090
01:13:21,400 --> 01:13:29,640
 So this application does bring up several issues with, with this type of development.

1091
01:13:29,640 --> 01:13:31,640
 I appreciate the insight.

1092
01:13:31,640 --> 01:13:39,680
 I'm going to go ahead and move that we approve item PP 19-35C with conditions.

1093
01:13:39,680 --> 01:13:41,480
 Commissioner Smith?

1094
01:13:41,480 --> 01:13:42,480
 Second.

1095
01:13:42,480 --> 01:13:51,520
 We have a first and a second for approval with the conditions or the condition.

1096
01:13:51,520 --> 01:13:55,440
 Any discussion?

1097
01:13:55,440 --> 01:14:00,760
 Seeing none, I'll call for a vote on the board.

1098
01:14:00,760 --> 01:14:10,240
 Motion carries four three.

1099
01:14:10,240 --> 01:14:25,160
 Next sign of business is item four C, FR 20-0002 I'll invite Cindy Jackson for presentation.

1100
01:14:25,160 --> 01:14:30,440
 Thank you.

1101
01:14:30,440 --> 01:14:37,200
 This is a request for approval of the final replat of lots one and seven R1 block A of

1102
01:14:37,200 --> 01:14:40,320
 the Sonic and Murphy oil addition.

1103
01:14:40,320 --> 01:14:45,240
 The plat does comply with all requirements and staff is recommending approval however

1104
01:14:45,240 --> 01:14:50,640
 the applicant has requested a 30 day extension to the first meeting in March in order to

1105
01:14:50,640 --> 01:14:56,160
 give them an opportunity to work on their site plan and ensure that all the easements

1106
01:14:56,160 --> 01:15:00,720
 on the plat match where they need to be per the site plan.

1107
01:15:00,720 --> 01:15:01,720
 Great.

1108
01:15:01,720 --> 01:15:02,720
 Thank you.

1109
01:15:02,720 --> 01:15:09,640
 This is an individual consideration item, anyone wishing to speak may certainly do so.

1110
01:15:09,640 --> 01:15:13,000
 Seeing none, Commissioner Burnett has the floor.

1111
01:15:13,000 --> 01:15:14,240
 Motion to approve the extension.

1112
01:15:14,240 --> 01:15:16,560
 We have a motion to approve Commissioner Smith.

1113
01:15:16,560 --> 01:15:17,560
 Second.

1114
01:15:17,560 --> 01:15:22,960
 We have a first and approval first and a second for approval, any discussion?

1115
01:15:22,960 --> 01:15:34,780
 Seeing none I'll call for a vote on the board.

1116
01:15:34,780 --> 01:15:39,520
 Can I get just one second, was the motion for the 30 day extension or just to approve?

1117
01:15:39,520 --> 01:15:42,040
 For the extension for the 30 day extension.

1118
01:15:42,040 --> 01:15:43,320
 Okay, and do we have a second for that?

1119
01:15:43,320 --> 01:15:44,320
 Okay.

1120
01:15:44,320 --> 01:15:46,760
 So we're voting on the approval with the 30 days.

1121
01:15:46,760 --> 01:15:47,760
 Okay.

1122
01:15:47,760 --> 01:15:48,760
 Yes.

1123
01:15:48,760 --> 01:15:49,760
 Just want a clarification.

1124
01:15:49,760 --> 01:15:51,480
 Thank you.

1125
01:15:51,480 --> 01:15:55,400
 Motion carries 7-0.

1126
01:15:55,400 --> 01:16:02,080
 Item 4D has been pulled from our agenda, so that moves us to item 4E, ADP 19-0010, and

1127
01:16:02,080 --> 01:16:09,000
 I'll invite Corina Maldonado for presentation.

1128
01:16:09,000 --> 01:16:27,200
 Today is a consideration for alternative development plan ADP 19-10 for the SP Denton 1 edition.

1129
01:16:27,200 --> 01:16:33,240
 The request is for alternative development plan for a proposed industrial warehouse and

1130
01:16:33,240 --> 01:16:39,960
 distribution center, wishing to deviate from the 2002 code of sub-chapter 13 for front

1131
01:16:39,960 --> 01:16:44,240
 parking of the building, setback, and parking lot screening.

1132
01:16:44,240 --> 01:16:49,800
 The site is located west of Western Boulevard, just north of Airport Road.

1133
01:16:49,800 --> 01:16:55,120
 You previously saw this property in December and in January through the approval of the

1134
01:16:55,120 --> 01:16:58,080
 preliminary plat and the final plat.

1135
01:16:58,080 --> 01:17:06,660
 Both were under the 2002 DDC, so the ADP request is also coming in under the 2002 DDC.

1136
01:17:06,660 --> 01:17:12,480
 The first request to deviate from the code is in relation to the requirement that if

1137
01:17:12,480 --> 01:17:20,040
 front parking is provided, there is an 85-foot setback from either the public utility easement

1138
01:17:20,040 --> 01:17:28,080
 or the right-of-way due to the easements on the site, they will be unable to meet this

1139
01:17:28,080 --> 01:17:33,840
 requirement, so they are requesting to deviate from providing the 15-foot landscape area

1140
01:17:33,840 --> 01:17:38,160
 as prescribed in the column right here.

1141
01:17:38,160 --> 01:17:44,440
 What they are willing to do is continue to provide the street trees as required along

1142
01:17:44,440 --> 01:17:48,800
 the right-of-way and provide shrubs between the parking and the right-of-way, so there

1143
01:17:48,800 --> 01:17:53,360
 is still sufficient screening for this property.

1144
01:17:53,360 --> 01:17:59,480
 I do want to note that the building is set back approximately 247 feet from the ultimate

1145
01:17:59,480 --> 01:18:06,000
 right-of-way and the parking is also set back approximately 180 feet.

1146
01:18:06,000 --> 01:18:11,280
 Just to note, industrial warehouses, industrial uses do have an exemption for site design

1147
01:18:11,280 --> 01:18:17,360
 standards in the 2002 code if they are set back 250 feet, so this property is just short

1148
01:18:17,360 --> 01:18:19,640
 by 3 feet.

1149
01:18:19,640 --> 01:18:25,360
 The second deviation is also in relation to that 15-foot landscape area.

1150
01:18:25,360 --> 01:18:33,200
 The code requires certain plantings in this area to include a berm, large trees every

1151
01:18:33,200 --> 01:18:39,140
 40 linear feet, so because of the limitations of not being able to provide that area, they

1152
01:18:39,140 --> 01:18:44,440
 are requesting to deviate by not providing the berm, however, the trees that are required

1153
01:18:44,440 --> 01:18:49,640
 will be planted, however, they will be planted in an alternative area, which is 144 landscape

1154
01:18:49,640 --> 01:18:54,280
 area to the south, which actually provides screening for the truck parking spaces that

1155
01:18:54,280 --> 01:18:55,280
 they have.

1156
01:18:55,280 --> 01:19:03,880
 Overall, they are proposing 33 percent landscaping, which is above the required 10 percent.

1157
01:19:03,880 --> 01:19:11,200
 So this is the landscape plan that shows the deviation request for lot 3, building 3, circled

1158
01:19:11,200 --> 01:19:13,640
 in red.

1159
01:19:13,640 --> 01:19:18,400
 The green is the overall landscape area, and the orange highlighted here are the easements

1160
01:19:18,400 --> 01:19:23,960
 on the site that restrict them from meeting the exact requirements of the code.

1161
01:19:23,960 --> 01:19:29,120
 One consideration that they had was to move the building back, but what that does is it

1162
01:19:29,120 --> 01:19:36,200
 puts them close to this floodplain easement and also reduces the ability to provide parking

1163
01:19:36,200 --> 01:19:40,140
 and a second point of access for trucks, so it actually creates an additional problem.

1164
01:19:40,140 --> 01:19:46,800
 So with this request, they are still going to provide sufficient landscaping or screening

1165
01:19:46,800 --> 01:19:53,920
 from the right of way with the street trees and shrubbery, a consistent row between parking

1166
01:19:53,920 --> 01:19:58,820
 and right of way, and then the relocation to the south.

1167
01:19:58,820 --> 01:20:03,960
 So again, I want to highlight that had they provided an additional three feet from the

1168
01:20:03,960 --> 01:20:08,800
 right of way, they wouldn't actually have to come to this commission for approval.

1169
01:20:08,800 --> 01:20:13,480
 They would actually just not have to do the industrial site design.

1170
01:20:13,480 --> 01:20:20,040
 And lastly, of course, highlighting the overall landscaping, 33 percent is being provided

1171
01:20:20,040 --> 01:20:30,220
 for landscape and also 19 percent tree canopy as in replacement of the 15 percent.

1172
01:20:30,220 --> 01:20:35,240
 So approval criteria, approval for an ADP is shown.

1173
01:20:35,240 --> 01:20:40,300
 I won't go through in too much detail, but they are located central to an industrial

1174
01:20:40,300 --> 01:20:41,300
 area.

1175
01:20:41,300 --> 01:20:49,800
 So the 2002 DDC designates this area as industrial commerce, which translates to the heavy industrial

1176
01:20:49,800 --> 01:20:52,000
 zoning district for 2019.

1177
01:20:52,000 --> 01:20:59,440
 They do meet all the zoning requirements, parking, site design, with the exception of

1178
01:20:59,440 --> 01:21:05,760
 the deviation from both the 2002 code and the 2019 code.

1179
01:21:05,760 --> 01:21:10,680
 They are not contributing to strip development, as this is largely for industrial use.

1180
01:21:10,680 --> 01:21:13,880
 And then there is existing infrastructure to support this use.

1181
01:21:13,880 --> 01:21:21,080
 They will be extending utilities to the lot towards the west.

1182
01:21:21,080 --> 01:21:27,240
 And then just overall, it does provide a higher quality product than the 2002 DDC requires,

1183
01:21:27,240 --> 01:21:38,000
 simply because had they set back those additional feet, they would not have to comply with what

1184
01:21:38,000 --> 01:21:39,000
 the DDC requires.

1185
01:21:39,000 --> 01:21:45,920
 So they are providing additional landscaping, additional tree canopy, and then are also

1186
01:21:45,920 --> 01:21:54,560
 setting back the building and parking further than what other developments would provide.

1187
01:21:54,560 --> 01:21:58,640
 So with that, staff recommends approval of this request as it meets the established requirements.

1188
01:21:58,640 --> 01:22:01,280
 And with that, I will take any questions.

1189
01:22:01,280 --> 01:22:02,280
 I appreciate the presentation.

1190
01:22:02,280 --> 01:22:03,640
 We do have one right now.

1191
01:22:03,640 --> 01:22:04,640
 Commissioner Beck?

1192
01:22:04,640 --> 01:22:05,640
 Thank you, Chair.

1193
01:22:05,640 --> 01:22:11,160
 So if they had shrunk their building by three feet, then we wouldn't have to have this approval?

1194
01:22:11,160 --> 01:22:16,360
 There has been that consideration, I believe, because of what they are proposing.

1195
01:22:16,360 --> 01:22:20,140
 It's up to really the developer to make that consideration.

1196
01:22:20,140 --> 01:22:26,840
 That cannot tell them you have to shrink your building by three feet.

1197
01:22:26,840 --> 01:22:31,160
 The consideration that staff requested was that they move the building three feet, however,

1198
01:22:31,160 --> 01:22:37,240
 that would really be restricted by the easements, and they would actually remove parking that

1199
01:22:37,240 --> 01:22:41,120
 is required, a second point of access, so it would create additional problems than what

1200
01:22:41,120 --> 01:22:42,120
 they are proposing.

1201
01:22:42,120 --> 01:22:43,120
 Thank you.

1202
01:22:43,120 --> 01:22:55,400
 I don't see any other questions.

1203
01:22:55,400 --> 01:22:56,400
 Commissioner Smith?

1204
01:22:56,400 --> 01:22:57,400
 Motion to approve.

1205
01:22:57,400 --> 01:22:58,400
 We have a first for approval.

1206
01:22:58,400 --> 01:22:59,400
 Commissioner Anderson?

1207
01:22:59,400 --> 01:23:00,400
 I second the motion.

1208
01:23:00,400 --> 01:23:02,440
 We have a first and a second for approval.

1209
01:23:02,440 --> 01:23:03,440
 Any discussion?

1210
01:23:03,440 --> 01:23:12,200
 Seeing none, I'll call for a vote on the board.

1211
01:23:12,200 --> 01:23:15,760
 Motion carries, 7-0.

1212
01:23:15,760 --> 01:23:17,800
 Next item of business is our public hearing item.

1213
01:23:17,800 --> 01:23:25,420
 We have one this evening, it's 5A, AESA 20-0001A.

1214
01:23:25,420 --> 01:23:32,480
 I'll invite Cindy Jackson to begin the presentation, and I'll open the public hearing.

1215
01:23:32,480 --> 01:23:33,480
 Thank you, Chairman, Commissioners.

1216
01:23:33,480 --> 01:23:39,240
 For the record, Cindy Jackson with the Development Services Department, I have before you tonight

1217
01:23:39,240 --> 01:23:46,680
 a request to amend and approve Alternate ESA, its environmentally sensitive area plan.

1218
01:23:46,680 --> 01:23:51,180
 The plan was approved in October 2019.

1219
01:23:51,180 --> 01:23:55,480
 The purpose of the plan was to provide fire access.

1220
01:23:55,480 --> 01:23:57,280
 This is actually two lots.

1221
01:23:57,280 --> 01:24:01,600
 Lot one is developed with a distribution center.

1222
01:24:01,600 --> 01:24:06,520
 Per the fire code, the distribution center has to have two points of access, and that's

1223
01:24:06,520 --> 01:24:09,240
 the purpose of this dog leg you see right here.

1224
01:24:09,240 --> 01:24:16,560
 However, this is all ESA right in here, and the purpose of the alternate plan was to permit

1225
01:24:16,560 --> 01:24:22,160
 encroaching onto the ESA to provide that second point of access.

1226
01:24:22,160 --> 01:24:30,120
 The site is 49.9 acres, it's located on the north side of West University, Highway 380,

1227
01:24:30,120 --> 01:24:32,200
 and west of North Marsh Branch.

1228
01:24:32,200 --> 01:24:37,240
 The site is on light industrial.

1229
01:24:37,240 --> 01:24:39,480
 Public notification was sent out.

1230
01:24:39,480 --> 01:24:45,260
 We sent out notices within 200 and 500 feet of the site, and we received no responses

1231
01:24:45,260 --> 01:24:46,260
 back.

1232
01:24:46,260 --> 01:24:49,140
 A neighborhood meeting was not held for this.

1233
01:24:49,140 --> 01:24:52,040
 And now I'll turn this over to Deborah Vieira.

1234
01:24:52,040 --> 01:24:58,160
 Good evening, Planning and Planning Commission.

1235
01:24:58,160 --> 01:25:01,240
 My name is Deborah Vieira with Environmental Services.

1236
01:25:01,240 --> 01:25:05,020
 I'm going to walk you through the history of this site.

1237
01:25:05,020 --> 01:25:13,240
 The purpose of the amendment is to correct a error that we noticed during the final plot

1238
01:25:13,240 --> 01:25:14,920
 of Lot 2.

1239
01:25:14,920 --> 01:25:21,240
 The error contained property that is not currently owned by the applicant, Fisher 59.

1240
01:25:21,240 --> 01:25:28,480
 Therefore, the enforcement, if we have to go through that route, will be difficult to

1241
01:25:28,480 --> 01:25:33,120
 enforce on a property that is now owned by the applicant.

1242
01:25:33,120 --> 01:25:39,120
 The second problem with it is the owner of those adjacent parts were not part of the

1243
01:25:39,120 --> 01:25:47,040
 original alternative ESA application, so it poses greater risk and challenges.

1244
01:25:47,040 --> 01:25:56,960
 Therefore, during the Lot 2, we brought up this problem up to the attention of the applicant,

1245
01:25:56,960 --> 01:25:59,600
 and they have agreed to submit an amendment.

1246
01:25:59,600 --> 01:26:03,960
 The amendment will not change the type of mitigation proposed.

1247
01:26:03,960 --> 01:26:07,040
 It will not change the type of disturbance.

1248
01:26:07,040 --> 01:26:11,480
 The only thing that is changing is the location of where that mitigation is going to take

1249
01:26:11,480 --> 01:26:12,560
 place.

1250
01:26:12,560 --> 01:26:28,880
 And the mitigation now will be all within the property that the applicant owns.

1251
01:26:28,880 --> 01:26:34,600
 Just to give you a little bit of history, in 2018, we did a field assessment to verify

1252
01:26:34,600 --> 01:26:37,680
 the condition of the floodplain.

1253
01:26:37,680 --> 01:26:43,960
 In that assessment, we found out that the floodplain maintains its undeveloped status.

1254
01:26:43,960 --> 01:26:50,960
 Therefore, that designation was maintained until now.

1255
01:26:50,960 --> 01:26:59,440
 The alternative ESA approved in 2019, it was for 5.51 acres of undeveloped floodplain.

1256
01:26:59,440 --> 01:27:06,120
 They needed to go through that disturbance process to make sure that there's no upstream

1257
01:27:06,120 --> 01:27:12,400
 and downstream impacts when they put the culverts that will allow for that road to go through

1258
01:27:12,400 --> 01:27:15,400
 the creek.

1259
01:27:15,400 --> 01:27:21,400
 In exchange, they were proposing 6 acres of floodplain that will be seeded with native

1260
01:27:21,400 --> 01:27:28,280
 seed mix and two bioretentions totaling 0.28 acres together.

1261
01:27:28,280 --> 01:27:34,520
 And the bioretention will provide the water quality, provide treatment of the water quality.

1262
01:27:34,520 --> 01:27:41,320
 The bioretentions are located here in blue.

1263
01:27:41,320 --> 01:27:49,440
 The areas that were originally proposed to be outside the property that Fisher 59 owns

1264
01:27:49,440 --> 01:27:54,880
 are these two parcels along both sides of the proposed dry file.

1265
01:27:54,880 --> 01:28:02,800
 All the orange area that is shown on the plan was proposed to be stabilized for sloping,

1266
01:28:02,800 --> 01:28:09,600
 but not seeded with native plantless.

1267
01:28:09,600 --> 01:28:16,920
 With the new proposed amendment, the purple area that is shown right here, all that planting

1268
01:28:16,920 --> 01:28:23,320
 will be actually distributed along the darker green lines that you can see that.

1269
01:28:23,320 --> 01:28:26,040
 So they're maintaining the same amount of mitigation.

1270
01:28:26,040 --> 01:28:30,480
 It is just located in a different place.

1271
01:28:30,480 --> 01:28:42,280
 The two bioretentions are still here and still being proposed as originally.

1272
01:28:42,280 --> 01:28:50,560
 Comparing the conditions that was included in the original alternative ESA plan, two

1273
01:28:50,560 --> 01:28:56,320
 of the conditions at the time address on-site detention, because at that time the text dot

1274
01:28:56,320 --> 01:29:01,560
 was still reviewing the construction plans, and they have not finalized their review.

1275
01:29:01,560 --> 01:29:07,400
 Since then, TEKSTA have accepted the plan, so those two conditions, conditions four and

1276
01:29:07,400 --> 01:29:10,440
 five, are not longer applicable.

1277
01:29:10,440 --> 01:29:14,480
 We have indicated in red the changes that we have made.

1278
01:29:14,480 --> 01:29:21,240
 We have made references to the February 13, 2020 document just to be part of the approval

1279
01:29:21,240 --> 01:29:22,240
 conditions.

1280
01:29:22,240 --> 01:29:34,800
 Condition number one talks about the 5.51 acre disturbance and condition number two

1281
01:29:34,800 --> 01:29:40,240
 talks about utilizing native plants for the seed in the area.

1282
01:29:40,240 --> 01:29:43,940
 Condition number three talks about the bioretention.

1283
01:29:43,940 --> 01:29:49,840
 We have added the updated amendment to reflect that.

1284
01:29:49,840 --> 01:29:56,000
 We have deleted conditions four and five, as I mentioned, explained to you.

1285
01:29:56,000 --> 01:30:01,800
 We maintain condition number six, which is the installation and inspection of those mitigation

1286
01:30:01,800 --> 01:30:04,220
 areas.

1287
01:30:04,220 --> 01:30:09,640
 Condition number seven relates to the dedicated easement that the applicant would have to

1288
01:30:09,640 --> 01:30:13,440
 provide for staff.

1289
01:30:13,440 --> 01:30:15,000
 Staff is available to answer any questions.

1290
01:30:15,000 --> 01:30:16,960
 We do have one, Christopher Beck.

1291
01:30:16,960 --> 01:30:18,960
 Thank you, Chair.

1292
01:30:18,960 --> 01:30:21,760
 This is just an education thing more than anything else.

1293
01:30:21,760 --> 01:30:29,200
 For prairie grasslands and flood plains and things, what does it mean to maintain 90 percent

1294
01:30:29,200 --> 01:30:38,320
 and then what are they replacing prairie plant life with if it dies, more juvenile seedlings?

1295
01:30:38,320 --> 01:30:41,440
 I mean, I'm trying to relate this to how we do trees.

1296
01:30:41,440 --> 01:30:42,440
 Okay.

1297
01:30:42,440 --> 01:30:49,120
 So at the time of the three-year inspection period, we will go to the site and we will

1298
01:30:49,120 --> 01:30:51,600
 see the condition of those vegetation.

1299
01:30:51,600 --> 01:30:59,160
 If they're established, we will deem that as submitting the condition and we pretty much

1300
01:30:59,160 --> 01:31:00,440
 sign off on it.

1301
01:31:00,440 --> 01:31:05,400
 If when we get there, we see that plants are dying, that there are bare spots and things

1302
01:31:05,400 --> 01:31:13,640
 like that and that does not reach the 90 percent that was originally seeded, then we will go

1303
01:31:13,640 --> 01:31:18,320
 back to them and say those areas will have to be replaced.

1304
01:31:18,320 --> 01:31:23,000
 Probably they will put more seeding if that is the condition.

1305
01:31:23,000 --> 01:31:30,100
 With grasses, sometimes you want to just seeding is better than actually putting big plants

1306
01:31:30,100 --> 01:31:34,920
 on it, but it would be completely up to the applicant where they want.

1307
01:31:34,920 --> 01:31:39,080
 But until that 90 percent is met, we will not sign off.

1308
01:31:39,080 --> 01:31:40,080
 Okay.

1309
01:31:40,080 --> 01:31:41,080
 Thank you very much.

1310
01:31:41,080 --> 01:31:44,080
 I do not see any other questions.

1311
01:31:44,080 --> 01:31:45,840
 Oh, maybe we do.

1312
01:31:45,840 --> 01:31:46,840
 Commissioner Ellis.

1313
01:31:46,840 --> 01:31:47,840
 Thank you, Chair.

1314
01:31:47,840 --> 01:31:50,520
 Deborah, can you go back to the conditions?

1315
01:31:50,520 --> 01:31:57,720
 Because it would be my suggestion to revise that to reflect the correct date for clarity

1316
01:31:57,720 --> 01:32:07,440
 purposes that is on the revised plan, which is February 12th and not February 13th.

1317
01:32:07,440 --> 01:32:11,600
 For me, I do not want to recommend an approval with a condition that to me does not make

1318
01:32:11,600 --> 01:32:12,600
 sense.

1319
01:32:12,600 --> 01:32:18,940
 We are referencing a report that is the 13th and the report that we have here is the 12th.

1320
01:32:18,940 --> 01:32:24,720
 The draft ordinance also says the 13th, so I would suggest that that be revised as well

1321
01:32:24,720 --> 01:32:28,440
 or have the report revised.

1322
01:32:28,440 --> 01:32:29,440
 To me, that is a…

1323
01:32:29,440 --> 01:32:34,120
 We will make sure that we make sure that everything is consistent.

1324
01:32:34,120 --> 01:32:38,680
 I do not see any other questions.

1325
01:32:38,680 --> 01:32:41,200
 I appreciate the presentation by you and Cindy.

1326
01:32:41,200 --> 01:32:42,200
 This is a public hearing.

1327
01:32:42,200 --> 01:32:44,000
 Anyone wishing to speak may certainly do so.

1328
01:32:44,000 --> 01:32:48,120
 Seeing none, I will close the public hearing.

1329
01:32:48,120 --> 01:32:49,120
 Commissioner Beck.

1330
01:32:49,120 --> 01:32:55,600
 I motion to approve with the recommendations and with the corrections to the date.

1331
01:32:55,600 --> 01:33:00,600
 We have a first for approval with those conditions and an updated date consistency.

1332
01:33:00,600 --> 01:33:01,600
 Commissioner Burnetta.

1333
01:33:01,600 --> 01:33:02,600
 Second.

1334
01:33:02,600 --> 01:33:03,600
 We have a second.

1335
01:33:03,600 --> 01:33:07,440
 Now that we have a first and a second, any discussion?

1336
01:33:07,440 --> 01:33:15,960
 Seeing none, I will call for a vote on the board.

1337
01:33:15,960 --> 01:33:23,120
 Motion carries 6-0 with one recuse and I will invite Commissioner Cole back to the dais.

1338
01:33:23,120 --> 01:33:26,160
 Next item of business is the planning and zoning project matrix.

1339
01:33:26,160 --> 01:33:32,800
 I will turn the floor over to Richard for any updates and then for questions.

1340
01:33:32,800 --> 01:33:34,840
 No updates on the three items yet.

1341
01:33:34,840 --> 01:33:37,240
 We are still working through that.

1342
01:33:37,240 --> 01:33:42,280
 Did want to give just an update on some of the actions that occurred last night at the

1343
01:33:42,280 --> 01:33:44,720
 City Council meeting.

1344
01:33:44,720 --> 01:33:51,440
 The annexation service plan public hearing and first reading for the sage brook, if you

1345
01:33:51,440 --> 01:33:57,360
 recall, we had a work session on that item that was done, that was conducted yesterday.

1346
01:33:57,360 --> 01:34:01,960
 So there's a time frame, I don't recall exactly when it will go back, but the next step will

1347
01:34:01,960 --> 01:34:06,600
 be second reading of that ordinance, I think it's 30 days.

1348
01:34:06,600 --> 01:34:14,360
 Once that occurs, then the zoning will be brought in front of the commission.

1349
01:34:14,360 --> 01:34:21,140
 The Denton Grove apartments, that item was postponed again for 120 days.

1350
01:34:21,140 --> 01:34:25,520
 They are to work on an alternative and bring that back to council.

1351
01:34:25,520 --> 01:34:32,360
 There's a possibility, depending on if any changes are made, depending on what that is,

1352
01:34:32,360 --> 01:34:37,440
 that it could be remanded back to P&Z for consideration, but again, we won't know that

1353
01:34:37,440 --> 01:34:41,360
 until we get a little further down that road.

1354
01:34:41,360 --> 01:34:46,960
 The rezoning was also approved for the single family development on Country Club.

1355
01:34:46,960 --> 01:34:53,200
 That was the 56 lot development that was adjacent to the phase one.

1356
01:34:53,200 --> 01:35:03,200
 The only other one I wanted to mention, while it was somewhat related to the item tonight,

1357
01:35:03,200 --> 01:35:10,180
 the platting item, there was a petition to create a mud or a municipal utility district

1358
01:35:10,180 --> 01:35:16,880
 in our division two, and I can provide the background for that because it goes straight

1359
01:35:16,880 --> 01:35:25,480
 to council, but what that does, what occurs is for areas within the ETJ, the Texas Water

1360
01:35:25,480 --> 01:35:32,720
 Code allows for the creation of a municipal utility district to fund or finance the wastewater

1361
01:35:32,720 --> 01:35:40,440
 improvements, roads, drainage, typical municipal services, and there's really two ways to do

1362
01:35:40,440 --> 01:35:41,440
 that.

1363
01:35:41,440 --> 01:35:42,440
 One, through the act of the legislature.

1364
01:35:42,440 --> 01:35:48,920
 The second is through the Texas Water Code that's governed by TCQ, and the municipality

1365
01:35:48,920 --> 01:35:52,240
 whose ETJ it is has to give consent for that to happen.

1366
01:35:52,240 --> 01:35:57,920
 If consent is not granted, then it kicks into this 120 day process where there's an agreement

1367
01:35:57,920 --> 01:35:59,080
 that's supposed to be made.

1368
01:35:59,080 --> 01:36:06,040
 If that agreement is not made, then they then can move forward with going to TCQ to create

1369
01:36:06,040 --> 01:36:07,760
 that mud.

1370
01:36:07,760 --> 01:36:14,880
 This was for one, within our ETJ two, it was outside of our water and wastewater service

1371
01:36:14,880 --> 01:36:22,520
 area, so we had really no authority to even serve it, so there was consent that was granted.

1372
01:36:22,520 --> 01:36:30,040
 Over to the one tonight, a little bit different, that is in our ETJ one, it is within our service

1373
01:36:30,040 --> 01:36:31,040
 area.

1374
01:36:31,040 --> 01:36:37,980
 That could have been an option for them, but most likely not because I don't know that

1375
01:36:37,980 --> 01:36:44,680
 even as staff we would have recommended consent for that because we would already serve them

1376
01:36:44,680 --> 01:36:48,560
 for water, but just wanted to give you an update on that.

1377
01:36:48,560 --> 01:36:54,040
 We suspect that, particularly in the ETJ two, we'll be seeing a lot more of these probably

1378
01:36:54,040 --> 01:36:55,040
 coming in.

1379
01:36:55,040 --> 01:37:01,840
 I think we have one that just came in, another one last week that we're just analyzing, but

1380
01:37:01,840 --> 01:37:06,680
 I think this is a result, I shouldn't say, I think this is definitely a result of this

1381
01:37:06,680 --> 01:37:14,040
 last legislative session and how our legs are really cut out with respect to annexation.

1382
01:37:14,040 --> 01:37:19,400
 The plot list that we heard this evening was a very difficult one for staff to even move

1383
01:37:19,400 --> 01:37:20,400
 forward.

1384
01:37:20,400 --> 01:37:21,400
 It's adjacent to the city.

1385
01:37:21,400 --> 01:37:24,320
 It's connected to a development that's in the city.

1386
01:37:24,320 --> 01:37:25,320
 They're going to use the city's roads.

1387
01:37:25,320 --> 01:37:29,440
 They're going to use pretty much everything, but we will provide them water and sewer.

1388
01:37:29,440 --> 01:37:34,920
 There will be fees associated with that, but for everything else, there is not.

1389
01:37:34,920 --> 01:37:40,880
 There is no roadway impact fees even though they will be using our roads, and the provisions

1390
01:37:40,880 --> 01:37:46,600
 that we had in our previous DDC that would require them to annex if they were going to

1391
01:37:46,600 --> 01:37:51,520
 connect to our utilities, we are no longer able to enforce that.

1392
01:37:51,520 --> 01:37:58,200
 Hopefully, while I don't have a lot of hope, maybe there will be some changes this next

1393
01:37:58,200 --> 01:38:03,120
 legislative session, but I think that's something that maybe we can look to talk to as a group

1394
01:38:03,120 --> 01:38:07,560
 collectively in how we start to handle this, because I think this is just the tip of the

1395
01:38:07,560 --> 01:38:12,200
 iceberg of what we're going to see in the near future.

1396
01:38:12,200 --> 01:38:13,200
 I'll be happy to answer any questions.

1397
01:38:13,200 --> 01:38:14,200
 Thanks for the update.

1398
01:38:14,200 --> 01:38:15,200
 Commissioner Beck?

1399
01:38:15,200 --> 01:38:20,560
 Yeah, so this is a follow-up on the notification question I asked.

1400
01:38:20,560 --> 01:38:23,960
 Has there been any exploration or movement on that?

1401
01:38:23,960 --> 01:38:24,960
 Yes.

1402
01:38:24,960 --> 01:38:26,680
 I know Charlie is working on that.

1403
01:38:26,680 --> 01:38:30,720
 I have not followed up with him this week to see where he is, but I know he has been

1404
01:38:30,720 --> 01:38:32,320
 working on putting something together.

1405
01:38:32,320 --> 01:38:33,320
 Okay.

1406
01:38:33,320 --> 01:38:34,960
 Thank you.

1407
01:38:34,960 --> 01:38:36,880
 I do not see any other questions.

1408
01:38:36,880 --> 01:38:41,960
 With that, our PNZ meeting for Wednesday, February 19th has concluded and I'll end it

1409
01:38:41,960 --> 01:38:42,960
 at 738.

1410
01:38:42,960 --> 01:38:43,960
 Thank you.

1411
01:38:43,960 --> 01:38:43,960
 [BLANK_AUDIO]