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 Good afternoon and welcome to the City of Denton Planning and Zoning Commission meeting

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 for Wednesday, March 4th.

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 This is our work session and with the quorum present I will call us to order at 501.

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 Let the record show that Chair Rosell and Commissioners Anderson and Preneta are currently

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 absent.

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 We don't have any work session reports today so we can move right into the agenda.

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 Item one, clarification of agenda items listed on today's meeting agenda.

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 Items in the public hearing 5A and 5C are being postponed.

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 That will move us to discussion of our first agenda item which are the meetings for February

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 19th.

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 Any discussion, questions on that?

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 Okay.

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 How about consent?

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 Commissioner Beck.

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 Yes.

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 Thank you, Chair.

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 I'd like to ask some questions about items 3C and 3D.

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 3C and 3D?

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 Yes ma'am.

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 Okay.

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 3C is Cindy.

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 I don't see Cindy here, I don't think.

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 Can we maybe do D first since Haley's here?

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 Is that okay?

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 Yeah.

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 Even if there's C maybe it's --

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 A question's up.

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 Maybe I can answer.

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 Yeah.

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 And we've got it here if I need to pull it up.

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 Okay.

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 Let's see.

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 Okay.

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 So the Eagle Cove.

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 Yes, oh yes.

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 So my problem is, what you have right there on the map and what concerns me is the riparian

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 drainage and the green corridor leading back in all along the concrete there and the drainages.

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 Yeah, you all have learned a little bit about what some of my major concerns are and that

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 is going to be flooding, drainage, causing property issues and then also the sort of

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 destruction of the riparian habitat and green corridors going along through there.

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 So what -- looking at that, I'm concerned that, you know, we basically are building on all

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 sides of that creek and that thing's going to flood.

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 And so I'm curious about the hydrological reports on that.

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 So this -- I don't believe this is floodplain.

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 It is a drainage easement with riparian buffer and upland habitat in it.

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 So they are preserving in all of the space, of course, maintaining all of the riparian

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 buffer.

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 The only encroachments that they will need an alternative ESA for are where the roads

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 will cross.

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 Otherwise, they are preserving the entirety of the riparian buffer, all of the ESA on

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 site except for the two roadways.

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 So if there is floodplain, I don't believe there is, if there were floodplain within

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 that riparian corridor, it would be included in this.

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 And then outside of that, they have set aside these other areas adjacent to there as preserved

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 habitat to maintain in their natural condition as well.

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 But certainly any lots that if it were floodplain, I don't believe it is, would have to have

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 their finished floor elevation established.

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 So those homes would meet the engineering requirements for being elevated sufficiently

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 to not flood in the anticipated 100-year event.

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 So if we build that up to prevent the property flood damage to the houses that are being

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 proposed to go in there, though aren't we then altering the hydrology of the actual

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 drainage itself, which means we are going to have erosion issues and we are right up

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 against, and we have ESA and we are right up against all that concrete just to itself

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 where we have a unique environment all up along that corridor that we are going to cram

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 everything right up against it just because this feels like we are doing one-time building

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 and permanent damage to something that we can't get back and something that is distinct

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 and unique to Denton in this environment and I am very highly concerned about all, I mean

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 most of the items tonight, I am going to just show my cards, are all in this section and

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 it is going to be the same question over and over again.

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 We have got drainage issues, we have got flooding issues, we have got riparian issues, we have

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 got green corridors, we have got animal corridors, we are proposing to, there are several unique

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 species to North Texas, plants that live in this area and we are proposing to tear this

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 up and even if we don't quote unquote hit the actual riparian areas like technically

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 right along the floodplains of the creek, we are still damaging the hydrology such that

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 we are going to degrade and destroy what we are technically leaving behind because we

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 are concreting the surrounding materials over, so this is me sort of yelling at the room

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 and not you Haley, so I would like to be, can we maybe tell me what sort of protections

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 are in place to protect this, these kinds of things from happening?

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 Well it is not an engineer but they do meet all of the technical requirements, I mean

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 they are meeting all of the technical requirements from our engineering review at this point.

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 As I said they are not, the only encroachments they are proposing are where the roadways

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 would cross, the homes and all of the lots are outside of any environmentally sensitive

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 area and then in addition to that they are proposing the additional preserved habitat

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 to provide that extra natural buffer on either side of the ESA.

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 The encroachments that they are proposing will be coming back before you all and the

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 City Council in the form of an alternative ESA plan, so there would be more opportunity

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 at that time I would say for any potential protections that you would think might be

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 necessary at the point of those encroachments but they are meeting all of the technical

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 standards and providing the appropriate easements to ensure that nothing disturbs this area

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 beyond these two areas.

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 On the southern border where we are up against the even more riparian and high canopy green

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 corridor there, all that property is either going to flood south into the actual creek

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 or into this drainage in the center of the picture and you are not going to be able to

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 construct those homes, definitely along the southern border without disruption and I don't

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 see how lot 10 in the middle of the picture, some of these other lots are not going to

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 end up causing permanent and consistent damage to these corridors.

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 Commissioner, can I just caution you that what we are dealing with here is a preliminary

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 plot so not whether or not the land can be developed or not, so if it is specific to

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 the preliminary plot, if you would like to ask Haley a question that would be fantastic,

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 but what we are dealing with is the plot that is in front of us.

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 I appreciate the caution.

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 Thank you, chair.

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 If I can just add a little bit more to that.

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 Approval of this preliminary plot for the most part does not give the ability to get

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 a permit to build anything.

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 All this does is allow you to go to step B, which is the engineering to see if this initial

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 preliminary layout actually works.

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 So that will be all brought back and those answers will be available when we look at

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 this as part of that final plan.

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 And just to tag on to that, there is a note on the plat that specifically references if

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 by some chance their alternative ESA plan is not approved, this plat would basically

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 become null and void.

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 They would have to start over.

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 So that extra level of scrutiny will be provided.

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 This just to Richard's point gives them the ability to get there, to even do the engineering

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 work.

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 Do we have a feel -- hmm.

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 So the roads are punching through the duchess in this preliminary plat, is that correct?

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 Correct.

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 Duchess on the north would be the primary access.

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 And then they are lining up with the -- they're basically a mirror image of the development

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 across the street on duchess.

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 They're connecting to all of the existing drives there.

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 There were how -- I forgot the number.

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 How many units?

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 I believe it's 56 total.

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 Yeah, 56 residential lots and three HOA open space lots.

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 I mean, even in the information sheet, they're acknowledging that there are issues that have

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 to be resolved.

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 So yeah, I guess I don't have any more questions, but I'm likely to ask that this not be because

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 of consent.

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 Anybody else with questions on this one?

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 Haley, I had one.

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 I noticed with the open space lots that there's no note of who's maintaining those.

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 I know they're tree preserves.

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 Typically we mention something about -- Those will in the future be dedicated to the HOA.

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 We don't ask for the HOA documents to be provided until they get to the final plat stage.

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 Okay.

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 Very good.

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 Very good.

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 Thank you.

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 Why don't we go back up to see -- I saw Cindy come in.

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 Cindy Commissioner Beck had a few questions on item C for consent.

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 Apologies for my readiness.

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 Oh, no.

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 Thank you.

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 I was waiting for a revised plat to come in so I could print it out.

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 The plat before you is a final plat.

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 It was determined that -- Cindy, I don't think this is the one we're

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 actually talking about.

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 Oh, I'm sorry.

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 That's okay.

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 We're on consent still.

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 Okay.

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 So we're on --

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 Country Club.

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 Country Club.

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 Okay.

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 Yes.

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 So my concern on this one was what's the development on the -- do we know the plans for the southern

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 half not in the -- where they're proposing homes, but what's the expectation for that

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 on the other side of the drainage?

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 Parkland.

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 That's going to be maintained as parkland?

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 Yes.

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 And we have assurances that that's going to be the case?

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 Yes, we do.

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 It's going to be dedicated to the city.

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 The city is going to put -- extend one of their trails through it.

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 And looking at the topography, that's -- we're basically mostly flowing south into the creek

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 or into the southeast drainage.

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 Okay.

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 I think that's all my questions.

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 Thank you, Cindy.

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 Sure.

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 Okay.

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 Thank you, Cindy.

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 Okay.

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 Moving on to items for individual consideration, we have 4A.

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 That is Haley.

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 All right.

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 This is a final plan for the Denton County Emergency Operations Center.

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 You all may remember this came before you pretty recently for a preliminary plan and

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 an alternative development plan.

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 So this is the final plan for their single lot.

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 At this time, there are a couple of outstanding items.

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 So staff is recommending denial for the reasons outlined in your backup, but the applicant

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 has requested the 30-day extension, which in this case, unfortunately, we don't have

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 a meeting quite 30 days out, so it will only push them to the March 18th meeting.

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 They are aware of that and confident that they can work through the outstanding issues

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 in that time.

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 So they've requested that extension.

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 Okay.

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 Very good.

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 Senator Beck.

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 Thank you, Chair.

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 There's no, I mean, there's nothing, there's no shot clock issues or anything that we have

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 to worry about by giving them an extension.

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 Is there?

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 No, the shot clock bill does allow for them to request a one-time 30-day, no more than

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 30-day extension.

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 Anybody else on this one?

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 Okay.

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 All right.

205
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 Thanks.

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 I'm going to hop back a minute to consent.

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 Can I bring Cindy back up?

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 Did she just walk out?

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 Yeah.

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 Okay.

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 She just put a new plat on our desk with regard to North Point.

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 There was one item that was removed out of the general notes on there, and it's item

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 9.

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 That's the change that she put in front of us.

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 That change, that line item contradicted something that's in their deed restrictions.

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 I had emailed Cindy earlier, and she did talk to several engineers in the city, and it was

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 the consensus to remove note 9.

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 So that's what's in front of us at the moment.

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 That was the change there.

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 Does anyone have questions on that?

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 Okay.

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 Then let's hop back into the agenda.

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 Julie is waiting for our item B.

224
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 Good evening.

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 Julie Wyatt.

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 This is FP24, Townsend Green.

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 It's the first phase of a preliminary plat that you saw last summer.

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 It's 187 residential lots with some common open space lots, and I will -- oh, they did

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 -- it is a shot clock item.

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 We're still working through some issues, and particularly regarding engineering items and

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 some amendments to their tree preservation plan.

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 And so they have requested a 30-day extension like the previous plat.

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 It would have to come back before you on the March 18th meeting.

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 So they're working through those issues.

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 They feel like they can get them addressed prior to that meeting.

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 And they understand, too, that it's really not a true 30 days.

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 Yes.

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 Yes.

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 Okay.

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 Any questions?

241
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 Okay.

242
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 Thanks, Julie.

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 Item C, FP205, and that is Sean Jacobson.

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 Good evening, Chair and members of the commission.

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 This is a request for a final plat at the lots 1 and 2, block 1 of the HSW West Park

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 addition, approximately 41.6785-acre site adjacent to Western Boulevard.

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 They are -- we are recommending denial, and they are requesting an extension similar to

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 what you've heard, what would be to the next Planning, Zoning Commission meeting.

249
00:16:36,560 --> 00:16:41,000
 They're just needing to lock down some details with their CEP, their civil engineering plans.

250
00:16:41,000 --> 00:16:43,880
 They believe they can complete that.

251
00:16:43,880 --> 00:16:44,880
 Commissioner Beck.

252
00:16:44,880 --> 00:16:45,880
 Thank you, Chair.

253
00:16:45,880 --> 00:16:53,560
 I don't have, like, a deal breaker problem with this, I just was curious what changes

254
00:16:53,560 --> 00:16:59,320
 -- I was a little unclear about the changes to the ESA and was wondering if you could

255
00:16:59,320 --> 00:17:05,880
 just explain, you know, from my edification, what the changes to the ESA were in this region.

256
00:17:05,880 --> 00:17:11,040
 So staff actually went on site, or either staff or third party, a review was performed

257
00:17:11,040 --> 00:17:15,920
 of the ESA to determine whether it was still a viable ESA or not.

258
00:17:15,920 --> 00:17:19,040
 And when they reviewed that, it was determined that it had been developed to the extent that

259
00:17:19,040 --> 00:17:25,640
 it was no longer an ESA in the area that's actually being developed on.

260
00:17:25,640 --> 00:17:29,040
 And so therefore, they were able to move forward in that area.

261
00:17:29,040 --> 00:17:30,040
 So it was reviewed.

262
00:17:30,040 --> 00:17:35,500
 It no longer had the characteristics necessary to maintain the ESA in that location.

263
00:17:35,500 --> 00:17:38,400
 So it was sort of de-designated as an ESA?

264
00:17:38,400 --> 00:17:39,400
 Yes.

265
00:17:39,400 --> 00:17:40,400
 Yes.

266
00:17:40,400 --> 00:17:41,400
 Okay.

267
00:17:41,400 --> 00:17:42,400
 Okay, I'll follow that up later.

268
00:17:42,400 --> 00:17:43,400
 Thank you.

269
00:17:43,400 --> 00:17:44,400
 Yeah.

270
00:17:44,400 --> 00:17:52,780
 If there's anything you want me to look into, I'll do it.

271
00:17:52,780 --> 00:17:53,780
 Thank you, Sean.

272
00:17:53,780 --> 00:17:54,780
 Any other questions?

273
00:17:54,780 --> 00:17:55,780
 Okay.

274
00:17:55,780 --> 00:17:57,960
 Thank you very much.

275
00:17:57,960 --> 00:18:01,600
 Okay, that moves us to our public hearings.

276
00:18:01,600 --> 00:18:12,600
 So item A, staff's requesting it to be postponed to 3/18.

277
00:18:12,600 --> 00:18:21,240
 That moves us to item B, Z-21A, and that's Cindy not here yet?

278
00:18:21,240 --> 00:18:22,240
 Again?

279
00:18:22,240 --> 00:18:23,240
 Okay.

280
00:18:23,240 --> 00:18:28,440
 Do we want to maybe jump to our next one?

281
00:18:28,440 --> 00:18:35,360
 Item B is being postponed, 3/18.

282
00:18:35,360 --> 00:18:36,360
 You're up.

283
00:18:36,360 --> 00:18:37,360
 Good evening.

284
00:18:37,360 --> 00:18:42,200
 Let me get my presentation up.

285
00:18:42,200 --> 00:18:52,360
 All right, so what I'm presenting to you tonight is CA-19-1, Canopy Trails.

286
00:18:52,360 --> 00:18:55,480
 This is a project type that you haven't seen before in a while.

287
00:18:55,480 --> 00:18:58,600
 It's been several years since this has come before, something like this has come before

288
00:18:58,600 --> 00:19:03,640
 the Planning and Zoning Commission, but this is a comprehensive plan amendment, excuse me,

289
00:19:03,640 --> 00:19:09,200
 on about 98 acres to modify the future land use designation on the property.

290
00:19:09,200 --> 00:19:13,480
 It's outlined there in yellow, from business innovation to regional mixed use.

291
00:19:13,480 --> 00:19:19,160
 Just to orient you, it is bound by Shady Oaks and then Loop 288.

292
00:19:19,160 --> 00:19:23,680
 So it's situated on the southeast side of town.

293
00:19:23,680 --> 00:19:28,480
 So some just general comments regarding comprehensive plans and what the request is.

294
00:19:28,480 --> 00:19:32,220
 So Denton Plan 2030 was adopted in 2015.

295
00:19:32,220 --> 00:19:37,600
 As part of the plan, there was a future land use map, and it identifies the locations for

296
00:19:37,600 --> 00:19:42,560
 the future land use designations, the things like business innovation or regional mixed

297
00:19:42,560 --> 00:19:45,160
 use.

298
00:19:45,160 --> 00:19:49,800
 The future land use map, FLUME, guides zoning decisions.

299
00:19:49,800 --> 00:19:54,080
 So for instance, in business innovation, you typically see zoning districts like General

300
00:19:54,080 --> 00:19:55,900
 Office or Light Industrial.

301
00:19:55,900 --> 00:20:01,560
 So there's often zoning districts that more typically align with any given future land

302
00:20:01,560 --> 00:20:03,560
 use designation.

303
00:20:03,560 --> 00:20:07,920
 A best planning practice really is that the zoning should be consistent with the comprehensive

304
00:20:07,920 --> 00:20:11,160
 plan overall goals, as well as the future land use map.

305
00:20:11,160 --> 00:20:17,560
 Now, that's something you haven't often seen as the Planning and Zoning Commission.

306
00:20:17,560 --> 00:20:23,600
 The 2002 code, if you recall, had limited criteria for approval for zoning cases, and

307
00:20:23,600 --> 00:20:28,760
 it also provided an alternative path for cases that didn't meet that future land use map.

308
00:20:28,760 --> 00:20:33,840
 So it kind of gave that other route that those cases would take.

309
00:20:33,840 --> 00:20:38,980
 We recently adopted a new code, the 2019 code, and it has a lot more robust criteria for

310
00:20:38,980 --> 00:20:39,980
 approval.

311
00:20:39,980 --> 00:20:42,760
 The staff reports have gotten a lot longer because there's just a lot more criteria

312
00:20:42,760 --> 00:20:43,760
 for approval.

313
00:20:43,760 --> 00:20:48,640
 And at this time, we're really implementing that best practice, that zoning should follow

314
00:20:48,640 --> 00:20:50,160
 the future land use map.

315
00:20:50,160 --> 00:20:53,800
 So that's why you're seeing that today, this additional criteria for approval, and

316
00:20:53,800 --> 00:20:56,720
 this really is the best practice that we should be looking at.

317
00:20:56,720 --> 00:20:59,320
 Provides a little extra scrutiny on these projects.

318
00:20:59,320 --> 00:21:03,640
 Make sure that we're giving it the full analysis.

319
00:21:03,640 --> 00:21:08,380
 Instances where the future land use map may -- there are instances where the future land

320
00:21:08,380 --> 00:21:11,160
 use map may require a limited amendment.

321
00:21:11,160 --> 00:21:17,320
 It's often to address a specific area or circumstance, like the character of an area has changed,

322
00:21:17,320 --> 00:21:20,640
 maybe a policy has gone in a different direction.

323
00:21:20,640 --> 00:21:25,560
 And so the development code outlines the process and the criteria for approval for that.

324
00:21:25,560 --> 00:21:31,000
 It's in section 2.7.1, and really it is to allow for that flexibility in response to

325
00:21:31,000 --> 00:21:33,000
 those changing circumstances.

326
00:21:33,000 --> 00:21:34,720
 So that's why we're here today.

327
00:21:34,720 --> 00:21:36,800
 And now we'll get into the nitty-gritty.

328
00:21:36,800 --> 00:21:40,920
 So first we want to talk about the existing conditions of the property, because remember,

329
00:21:40,920 --> 00:21:46,760
 the comprehensive plan is the 30,000 -- 30,000-foot view of the property.

330
00:21:46,760 --> 00:21:49,320
 So we just want to kind of look at the general area.

331
00:21:49,320 --> 00:21:52,360
 And the subject property is once again outlined in yellow.

332
00:21:52,360 --> 00:21:55,240
 We have the major corridors in red.

333
00:21:55,240 --> 00:21:59,760
 You've got loop 288, which is a major commercial corridor in the city of Denton.

334
00:21:59,760 --> 00:22:05,720
 And then that has come online or is -- parts of it are nearing completion or under construction

335
00:22:05,720 --> 00:22:06,720
 is Mayhill.

336
00:22:06,720 --> 00:22:12,680
 And I know we've talked a lot about Mayhill at our P&Z Commission meetings.

337
00:22:12,680 --> 00:22:17,640
 And that -- this is a roadway that's going to take travelers from DFW Airport all the

338
00:22:17,640 --> 00:22:18,640
 way through Denton.

339
00:22:18,640 --> 00:22:20,360
 So it is a regional corridor.

340
00:22:20,360 --> 00:22:24,280
 It's a major road that is now coming online.

341
00:22:24,280 --> 00:22:31,000
 The surrounding development of the property is -- has really trended toward retail or

342
00:22:31,000 --> 00:22:36,520
 office -- some office employment and some high-density residential, a long loop, especially

343
00:22:36,520 --> 00:22:45,600
 you can see that retail gravitating toward the loop 288 frontage.

344
00:22:45,600 --> 00:22:49,400
 So the current future land use map does show the property as business innovation.

345
00:22:49,400 --> 00:22:54,000
 This is intended for large tracts of land where -- that are appropriate for well-planned,

346
00:22:54,000 --> 00:22:58,040
 larger-scale office and employment parks with those supporting uses, such as retail, hotels

347
00:22:58,040 --> 00:22:59,240
 and residential.

348
00:22:59,240 --> 00:23:03,400
 The typical zoning districts, as I said before, that we often see are general office and light

349
00:23:03,400 --> 00:23:08,400
 industrial, which is what's on the property right now.

350
00:23:08,400 --> 00:23:13,160
 As we were analyzing this project and as we were talking through it, we did look at the

351
00:23:13,160 --> 00:23:14,160
 historical context.

352
00:23:14,160 --> 00:23:17,480
 We wanted to see how we arrived at this -- at this place.

353
00:23:17,480 --> 00:23:24,640
 So we started with the 1974 plan, and it is -- so the future land use map is here.

354
00:23:24,640 --> 00:23:28,400
 The property is kind of where that blue star is.

355
00:23:28,400 --> 00:23:34,160
 Then the major defining feature of this area, which was really very rural at the time, was

356
00:23:34,160 --> 00:23:38,360
 the water -- or the power and water treatment plants right here.

357
00:23:38,360 --> 00:23:44,860
 And we can look at an aerial from 1972 and see how -- what that area looked like.

358
00:23:44,860 --> 00:23:49,760
 Here you have the power and water plants here, but then there just wasn't a whole lot around

359
00:23:49,760 --> 00:23:50,760
 there.

360
00:23:50,760 --> 00:23:53,600
 So they had designated the area as industrial.

361
00:23:53,600 --> 00:23:55,120
 It was outside of town.

362
00:23:55,120 --> 00:23:59,680
 They'd already had that major feature, so it did make sense at the time to put those

363
00:23:59,680 --> 00:24:01,960
 industrial uses there.

364
00:24:01,960 --> 00:24:10,760
 Then we skipped to the 1999 plan, and this -- this brought in a new future land use type,

365
00:24:10,760 --> 00:24:14,920
 regional mixed use, and it's a little blurry, so I apologize for the quality.

366
00:24:14,920 --> 00:24:18,280
 But my -- the property that we're talking about tonight is about where the blue star

367
00:24:18,280 --> 00:24:21,900
 is, and once again, we've got that regional mixed use.

368
00:24:21,900 --> 00:24:27,060
 It's taking in what -- you know, Golden Triangle Ball and the other commercial development

369
00:24:27,060 --> 00:24:29,640
 along Loop 288.

370
00:24:29,640 --> 00:24:34,600
 So it is -- that commercial development is moving forward, is moving north along Loop

371
00:24:34,600 --> 00:24:35,880
 288.

372
00:24:35,880 --> 00:24:40,040
 That employment center, so that industrial future land use transitioned to employment

373
00:24:40,040 --> 00:24:45,720
 center, and it shrunk to allow for that commercial development that was moving to the north.

374
00:24:45,720 --> 00:24:48,960
 And you can see the city had changed a little bit.

375
00:24:48,960 --> 00:24:51,480
 The property is in the blue star here.

376
00:24:51,480 --> 00:24:53,160
 We've got them all here.

377
00:24:53,160 --> 00:25:02,240
 Commercial development just emerging along I-35 and starting to move north on Loop 288.

378
00:25:02,240 --> 00:25:04,040
 And then Denton Plan 2030.

379
00:25:04,040 --> 00:25:06,080
 So it kind of looks like some blobs.

380
00:25:06,080 --> 00:25:07,080
 I'm sorry.

381
00:25:07,080 --> 00:25:08,080
 We can talk through it.

382
00:25:08,080 --> 00:25:13,040
 But the subject property, once again, is here, the blue -- that blue star.

383
00:25:13,040 --> 00:25:17,200
 The employment center kind of takes in what was -- what was -- or I'm sorry, the business

384
00:25:17,200 --> 00:25:21,040
 innovation takes in that area that was once employment center.

385
00:25:21,040 --> 00:25:24,880
 So this really was just a continuation of that 1999 plan.

386
00:25:24,880 --> 00:25:29,680
 It really kind of looked at what was on the ground at the time and just moved that forward.

387
00:25:29,680 --> 00:25:33,480
 You could see that the area in blue, that's the -- that's the power plant and the water

388
00:25:33,480 --> 00:25:38,700
 treatment plant, really did just move forward what was -- what was in place from 1999.

389
00:25:38,700 --> 00:25:46,340
 And you can see the current aerials now, as that commercial development has continued

390
00:25:46,340 --> 00:25:51,360
 to move for -- move north, it really -- the loop is filling up.

391
00:25:51,360 --> 00:25:55,400
 There's not a lot of large tracts of land that front Loop 288 anymore, and really the

392
00:25:55,400 --> 00:26:00,160
 subject property is kind of the last in this general area.

393
00:26:00,160 --> 00:26:05,560
 So they are proposing to revise the future land use map to -- to regional mixed use.

394
00:26:05,560 --> 00:26:11,240
 This is intended for areas that serve as regional destinations within Denton.

395
00:26:11,240 --> 00:26:16,160
 Development can include the moderate to high-density residential, commercial office and entertainment

396
00:26:16,160 --> 00:26:17,840
 uses, except for industrial.

397
00:26:17,840 --> 00:26:22,220
 And it should be at the highest levels of scale and density within the city.

398
00:26:22,220 --> 00:26:28,760
 Typical districts we see in that is the mixed use regional, the MR, and highway corridor.

399
00:26:28,760 --> 00:26:36,400
 General criteria for approval for all projects is in section 2.4.5E.

400
00:26:36,400 --> 00:26:40,120
 And we won't go over each one of those, but what we're going to talk about -- we'll talk

401
00:26:40,120 --> 00:26:42,800
 about that criteria as we discuss the case.

402
00:26:42,800 --> 00:26:48,160
 So really what I want to talk about -- highlight it at this moment -- is does it comply with

403
00:26:48,160 --> 00:26:51,520
 the -- with the overall goals of the comprehensive plan?

404
00:26:51,520 --> 00:26:56,480
 So is their proposal -- does it meet that vision and the overall goal of the comp plan?

405
00:26:56,480 --> 00:27:01,280
 So we look through those goals and particularly along those land use goals, because that's

406
00:27:01,280 --> 00:27:04,000
 really what this is centered on.

407
00:27:04,000 --> 00:27:05,720
 And I want to talk about three in particular.

408
00:27:05,720 --> 00:27:09,040
 So land use one, grow compactly.

409
00:27:09,040 --> 00:27:12,600
 This segment of Loop 288 is a regional corridor.

410
00:27:12,600 --> 00:27:17,480
 It connects I-35 to Highway 380.

411
00:27:17,480 --> 00:27:23,600
 So it is a regional corridor within the city and within the general area.

412
00:27:23,600 --> 00:27:25,960
 Development favors commercial mixed use.

413
00:27:25,960 --> 00:27:31,080
 We have retail, restaurant, office, and high-density residential that really has developed over

414
00:27:31,080 --> 00:27:33,120
 time in this area.

415
00:27:33,120 --> 00:27:37,880
 The request to change this future land use does support this trend.

416
00:27:37,880 --> 00:27:41,880
 It provides a basis for zoning decisions that would encourage the infill development in

417
00:27:41,880 --> 00:27:47,120
 this area and provide that variety of commercial residential uses that have already developed

418
00:27:47,120 --> 00:27:48,120
 on Loop 288.

419
00:27:48,120 --> 00:27:49,120
 >> Excuse me, Julie.

420
00:27:49,120 --> 00:27:50,120
 Commissioner Beck.

421
00:27:50,120 --> 00:27:51,120
 >> Thank you, Chair.

422
00:27:51,120 --> 00:27:55,160
 So since we're going over the history and the development of the region, can you enlighten

423
00:27:55,160 --> 00:28:00,080
 us as to why this particular property -- if we're building in from McKinney in the north

424
00:28:00,080 --> 00:28:04,760
 and we're going up from the mall in the south, why is this particular property sort of left

425
00:28:04,760 --> 00:28:08,360
 fallow other than the Shady Apes Road itself?

426
00:28:08,360 --> 00:28:13,000
 >> I can't speak to necessarily why it hasn't developed at this time.

427
00:28:13,000 --> 00:28:17,480
 It may mean that -- it may be that the zoning wasn't in place to encourage that type of

428
00:28:17,480 --> 00:28:20,360
 development, or it just hasn't reached there yet.

429
00:28:20,360 --> 00:28:23,880
 Because really you often -- or what you want to see is stage development.

430
00:28:23,880 --> 00:28:29,480
 You want to see that development emanate out, and I think you hit it on the head that especially

431
00:28:29,480 --> 00:28:36,700
 in -- at key intersections and key districts, you often see that intersection or that district

432
00:28:36,700 --> 00:28:41,400
 develop first, and then growth to emanate out from there.

433
00:28:41,400 --> 00:28:46,920
 It just hasn't reached this section or this property until now.

434
00:28:46,920 --> 00:28:52,120
 >> So to what extent is -- in our future land use and the historical future land use map

435
00:28:52,120 --> 00:29:00,280
 as it's developed has these sort of green corridors that emanate from MLK up along Pecan

436
00:29:00,280 --> 00:29:05,000
 Creek from downtown, you know, we already have an issue where we've cemented over all

437
00:29:05,000 --> 00:29:10,040
 this stuff downtown itself, and we're relying on Quaker Town Park to kind of serve a role.

438
00:29:10,040 --> 00:29:15,640
 To what extent is that historically a factor in the development of this region?

439
00:29:15,640 --> 00:29:22,000
 >> Well, let me get -- I think I have an overall -- I don't know if green corridors have factored

440
00:29:22,000 --> 00:29:23,540
 into this.

441
00:29:23,540 --> 00:29:28,200
 North of Shady Oaks, there is a substantial amount of flood plains, so that of course

442
00:29:28,200 --> 00:29:30,040
 really is restricted in development.

443
00:29:30,040 --> 00:29:36,200
 So that area just north of Shady Oaks would be difficult to develop due to the drainage

444
00:29:36,200 --> 00:29:38,400
 patterns in that area.

445
00:29:38,400 --> 00:29:43,800
 We do designate in our comprehensive plan, so I skipped ahead a little bit, and you can

446
00:29:43,800 --> 00:29:49,400
 see the green areas are park areas that we have designated in our comprehensive plan,

447
00:29:49,400 --> 00:29:53,120
 and actually our parks department is updating their master plan right now.

448
00:29:53,120 --> 00:29:59,560
 So they're very focused on those green corridors and how to get -- how to get hikers or bikers

449
00:29:59,560 --> 00:30:05,880
 or pedestrians across the city trying to even keep them off of roadways and through flood

450
00:30:05,880 --> 00:30:09,760
 plains, which are really good kind of highways for pedestrian activity.

451
00:30:09,760 --> 00:30:16,800
 So it's on the city's radar to really kind of update that trail plan, and I don't know

452
00:30:16,800 --> 00:30:19,660
 if it affected this area per se.

453
00:30:19,660 --> 00:30:24,600
 >> So do we have an idea for the relationship of development along green corridors, how

454
00:30:24,600 --> 00:30:32,640
 often that ends up precluding or changing the future land use when we begin to drop

455
00:30:32,640 --> 00:30:37,160
 these sort of regional multi-use activities along those regions?

456
00:30:37,160 --> 00:30:41,840
 So I'm just sort of trying to get at the historical perspective on this one.

457
00:30:41,840 --> 00:30:44,200
 >> I'm not sure I understand your question.

458
00:30:44,200 --> 00:30:49,520
 >> So if -- when we've allowed development along these sort of regions, do we then see

459
00:30:49,520 --> 00:30:54,920
 later maintenance of our green corridors, our flood plains, our parks, our trails, or

460
00:30:54,920 --> 00:31:02,880
 do we just see sort of industrial mix -- light industrial mix use or -- I mean, is that vision

461
00:31:02,880 --> 00:31:08,760
 maintained or do we just end up developing over top of it is what my real question is?

462
00:31:08,760 --> 00:31:13,400
 >> Well, you know, comprehensive plans do look at all of those factors.

463
00:31:13,400 --> 00:31:18,640
 They look at not only the natural environment, but parkland and where development should

464
00:31:18,640 --> 00:31:19,640
 go.

465
00:31:19,640 --> 00:31:23,480
 So I think that's something that we look at as we're comprehensive planning.

466
00:31:23,480 --> 00:31:29,160
 And we're undertaking an update to our comprehensive plan, so I think it's all of those factors

467
00:31:29,160 --> 00:31:33,120
 are going to go into that assessment.

468
00:31:33,120 --> 00:31:38,180
 >> I think just to add a kind of short answer, mixed use I think definitely lends itself

469
00:31:38,180 --> 00:31:44,740
 more towards preservation and allowing for that open space as opposed to industrial commercial.

470
00:31:44,740 --> 00:31:49,400
 Just the fact that you have -- not necessarily related to the comp plan or even the zoning

471
00:31:49,400 --> 00:31:54,280
 relief, but there is an ESA, right, upland habitat on the area, and so the big difference

472
00:31:54,280 --> 00:32:00,920
 is if you're nonresidential, you can remove 70% of that ESA versus the opposite where

473
00:32:00,920 --> 00:32:04,080
 you're limited now to 50.

474
00:32:04,080 --> 00:32:10,040
 >> Thank you both.

475
00:32:10,040 --> 00:32:14,240
 >> So the second land use goal -- or I'm sorry, the second one we're going to talk about today,

476
00:32:14,240 --> 00:32:19,360
 land use three, grow our assets, the request would permit a variety of commercial and higher

477
00:32:19,360 --> 00:32:24,080
 density residential uses and design with commercial development standards to further strengthen

478
00:32:24,080 --> 00:32:27,160
 the commercial character of that loop 288 corridor.

479
00:32:27,160 --> 00:32:30,320
 And finally land use six, grow with balance.

480
00:32:30,320 --> 00:32:33,800
 Regional mixed use support zoning districts which once again permit that wide variety

481
00:32:33,800 --> 00:32:35,640
 of commercial uses.

482
00:32:35,640 --> 00:32:40,080
 It would provide flexibility for development to respond to changing conditions and economic

483
00:32:40,080 --> 00:32:42,120
 trends.

484
00:32:42,120 --> 00:32:46,360
 Our MR zoning district allows for a lot of uses, not only the higher density residential

485
00:32:46,360 --> 00:32:50,160
 but those commercial and office and employment type uses.

486
00:32:50,160 --> 00:32:54,880
 So it would allow some -- it would allow that flexibility as the property moves forward

487
00:32:54,880 --> 00:32:57,160
 with development.

488
00:32:57,160 --> 00:33:02,000
 There's also specific criteria for approval for comprehensive plan amendments.

489
00:33:02,000 --> 00:33:05,260
 There's two sections of the specific criteria for approval.

490
00:33:05,260 --> 00:33:10,520
 The first section that they have to meet any one of the four criteria, the two that I'm

491
00:33:10,520 --> 00:33:15,040
 going to talk about today are the events, trends or facts after the adoption of the

492
00:33:15,040 --> 00:33:18,800
 comp plan that change the original findings or the character of the area.

493
00:33:18,800 --> 00:33:20,720
 And there are also other criteria for approval.

494
00:33:20,720 --> 00:33:23,800
 They're in your backup and we're going to touch on them as we continue talking through

495
00:33:23,800 --> 00:33:26,660
 the project.

496
00:33:26,660 --> 00:33:32,080
 So when we talk about the events, trends or facts, really a huge change that has happened

497
00:33:32,080 --> 00:33:35,440
 in this area is mobility.

498
00:33:35,440 --> 00:33:41,200
 Loop 28 corridor has of course been a major corridor and arterial through the city for

499
00:33:41,200 --> 00:33:46,460
 a very long time but may hill is now coming online as an expanded and improved roadway

500
00:33:46,460 --> 00:33:48,920
 that is providing additional connections into our city.

501
00:33:48,920 --> 00:33:55,240
 So this really is changing the face of the southeast Denton area.

502
00:33:55,240 --> 00:34:00,160
 So mobility improvements are one change.

503
00:34:00,160 --> 00:34:02,840
 Also expansion of office employment.

504
00:34:02,840 --> 00:34:07,880
 If you've driven in the area lately, you know that Denton County is expanding their

505
00:34:07,880 --> 00:34:13,680
 facilities at the area of Shady Oaks or Morse and Loop 288.

506
00:34:13,680 --> 00:34:20,920
 So there's going to provide a lot more employment in the area, expand that daytime population.

507
00:34:20,920 --> 00:34:26,040
 Prior to 2015, I know we talked about the historical background, but prior to 2015,

508
00:34:26,040 --> 00:34:32,000
 the surrounding zoning, which was ECI, employment center commercial or employment center industrial

509
00:34:32,000 --> 00:34:34,560
 and ECC employment center commercial.

510
00:34:34,560 --> 00:34:39,320
 And that future land use that we have now really is it wasn't just a continuation of

511
00:34:39,320 --> 00:34:44,860
 what existing zoning was on the ground and what had been done prior.

512
00:34:44,860 --> 00:34:48,240
 So that really did inform that comprehensive plan at the time.

513
00:34:48,240 --> 00:34:54,200
 And current trends or in the current development really is moving away from that industrial

514
00:34:54,200 --> 00:34:59,640
 type development in this area and it's moving from that industrial employment to the commercial

515
00:34:59,640 --> 00:35:03,500
 and the higher density housing.

516
00:35:03,500 --> 00:35:08,000
 Additional review standards, does it provide a substantial benefit to the city?

517
00:35:08,000 --> 00:35:11,640
 This would encourage additional mixed use development near an expanding government center

518
00:35:11,640 --> 00:35:14,000
 and also an existing commercial district.

519
00:35:14,000 --> 00:35:19,000
 Is it compatible with the land use goals and avoid isolated uses?

520
00:35:19,000 --> 00:35:22,560
 Regional mixed use is a future land use and then the associated zoning districts would

521
00:35:22,560 --> 00:35:28,120
 be consistent with the existing land uses as that commercial center.

522
00:35:28,120 --> 00:35:31,920
 Did it significantly alter acceptable existing land use patterns?

523
00:35:31,920 --> 00:35:36,240
 This is not anticipated to result in undesirable land use patterns.

524
00:35:36,240 --> 00:35:41,360
 Once again, it really is just a continuation of that existing development pattern.

525
00:35:41,360 --> 00:35:44,280
 And would there be adverse impacts to public services?

526
00:35:44,280 --> 00:35:45,680
 This is an urban area.

527
00:35:45,680 --> 00:35:51,360
 It's served by existing transportation networks as well as ones that the city has invested

528
00:35:51,360 --> 00:35:52,360
 in.

529
00:35:52,360 --> 00:35:55,280
 And so there won't be adverse impacts there.

530
00:35:55,280 --> 00:35:59,520
 Does the development pattern contained in the existing plan provide adequate and appropriate

531
00:35:59,520 --> 00:36:03,440
 optional sites for the use or change being proposed in the amendment?

532
00:36:03,440 --> 00:36:05,840
 So this was interesting to analyze and look at.

533
00:36:05,840 --> 00:36:11,320
 We looked at the city as a whole and the future land use map as a whole and where we had regional

534
00:36:11,320 --> 00:36:12,320
 mixed use.

535
00:36:12,320 --> 00:36:14,640
 So we really have three regional centers in the city.

536
00:36:14,640 --> 00:36:16,600
 We have Razor Ranch, you're all familiar with.

537
00:36:16,600 --> 00:36:17,900
 It's on the north side of town.

538
00:36:17,900 --> 00:36:20,320
 It's at I-35 and University.

539
00:36:20,320 --> 00:36:22,800
 We have, I kind of covered it up there, sorry.

540
00:36:22,800 --> 00:36:25,480
 We have the Denton Enterprise Airport.

541
00:36:25,480 --> 00:36:27,280
 That's a transportation hub.

542
00:36:27,280 --> 00:36:29,660
 It serves air travel and employment uses.

543
00:36:29,660 --> 00:36:30,960
 And then we have Loop 288.

544
00:36:30,960 --> 00:36:33,880
 This is really our legacy regional commercial center.

545
00:36:33,880 --> 00:36:40,640
 This is our shopping mall, the triangle mall, and then all of those additional ancillary

546
00:36:40,640 --> 00:36:43,460
 commercial uses that came in.

547
00:36:43,460 --> 00:36:47,200
 All of these areas, the Razor Ranch and the Denton Enterprise Airport, they have a lot

548
00:36:47,200 --> 00:36:51,480
 of room to grow, but the Loop 288 is starting to get squeezed.

549
00:36:51,480 --> 00:36:54,000
 It really has developed.

550
00:36:54,000 --> 00:36:59,960
 And this property is kind of one of those last big tracks along Loop 288.

551
00:36:59,960 --> 00:37:06,600
 So this is a high visibility area that makes sense for mixed use residents, or mixed use,

552
00:37:06,600 --> 00:37:07,960
 regional mixed use, sorry.

553
00:37:07,960 --> 00:37:14,560
 It would also allow for infill development in an already urbanized area.

554
00:37:14,560 --> 00:37:19,520
 The site conditions that would make development under the current plan inappropriate.

555
00:37:19,520 --> 00:37:24,360
 And these could be due to topography, utility corridors and easements, drainage patterns,

556
00:37:24,360 --> 00:37:28,560
 noise, odors, environmental contamination.

557
00:37:28,560 --> 00:37:35,340
 And while areas dedicated to employment centers are needed, GEO and LI districts, they restrict

558
00:37:35,340 --> 00:37:40,520
 the residential uses, and so they would limit the necessary component to support existing

559
00:37:40,520 --> 00:37:45,280
 and future commercial and employment development in this area.

560
00:37:45,280 --> 00:37:49,320
 And then areas adjacent to Loop 288 are just more suited to commercial and high density

561
00:37:49,320 --> 00:37:51,840
 residential mixed use.

562
00:37:51,840 --> 00:37:55,520
 They're compatible with the existing commercial development and residential development.

563
00:37:55,520 --> 00:38:01,080
 They have high visibility, high traffic volumes, you know, cars go up and down Loop 288.

564
00:38:01,080 --> 00:38:02,840
 And it's also at a signalized intersection.

565
00:38:02,840 --> 00:38:06,240
 So it really does make sense in this location.

566
00:38:06,240 --> 00:38:09,460
 There was a newspaper ad placed as well as mailed notices.

567
00:38:09,460 --> 00:38:13,160
 We haven't received any responses.

568
00:38:13,160 --> 00:38:17,240
 And so based upon the criteria for approval, staff recommends approval of the request,

569
00:38:17,240 --> 00:38:20,600
 and I will stand for any questions.

570
00:38:20,600 --> 00:38:21,600
 Commissioner Smith.

571
00:38:21,600 --> 00:38:22,600
 Thank you, Chair.

572
00:38:22,600 --> 00:38:27,960
 Julie, whenever we're looking at this project, obviously, this is a precursor to the zoning

573
00:38:27,960 --> 00:38:28,960
 changes coming next, right?

574
00:38:28,960 --> 00:38:29,960
 Yep.

575
00:38:29,960 --> 00:38:34,620
 We're looking at this project, rough estimates, and if you want to bring it back in public,

576
00:38:34,620 --> 00:38:39,200
 how much of this takes a really viable land of the business innovation section for the

577
00:38:39,200 --> 00:38:43,400
 flume, and what other areas do we have where we really still could have business innovation

578
00:38:43,400 --> 00:38:44,400
 occurring?

579
00:38:44,400 --> 00:38:48,040
 That's the biggest question I have, because this is the main arterial 288 there, but we're

580
00:38:48,040 --> 00:38:51,360
 going to have commercial centers, employment centers there.

581
00:38:51,360 --> 00:38:55,680
 By losing this chunk of land here along there, we can obviously see there's a lot of business

582
00:38:55,680 --> 00:39:00,200
 innovation surrounding it, but other areas up there, I guess you have it there.

583
00:39:00,200 --> 00:39:05,640
 So the only other big business innovation areas then are a little bit out on what, 380

584
00:39:05,640 --> 00:39:11,580
 right there, and then out the west side of 35, north of 380 as well.

585
00:39:11,580 --> 00:39:16,280
 So we really start taking away any type of employment centers really even close to the

586
00:39:16,280 --> 00:39:17,680
 center of the city.

587
00:39:17,680 --> 00:39:23,440
 Now, there's still some down there, I guess, that's still along the, above that dark pink

588
00:39:23,440 --> 00:39:27,480
 patch there, is that business innovation?

589
00:39:27,480 --> 00:39:28,480
 Right here?

590
00:39:28,480 --> 00:39:29,480
 Yeah.

591
00:39:29,480 --> 00:39:31,260
 Well, this is adjacent to the subject property.

592
00:39:31,260 --> 00:39:35,720
 There still would be a remainder of business innovation along Shady Oaks.

593
00:39:35,720 --> 00:39:41,280
 This really just is going to take just that little portion adjacent to the highway.

594
00:39:41,280 --> 00:39:47,880
 So west of the subject site would still have business innovation all the way to Woodrow.

595
00:39:47,880 --> 00:39:48,880
 All right.

596
00:39:48,880 --> 00:39:49,880
 Thank you.

597
00:39:49,880 --> 00:39:50,880
 You bet.

598
00:39:50,880 --> 00:39:54,720
 Any other questions for Julie?

599
00:39:54,720 --> 00:40:02,600
 Julie, for all of our knowledge, can you just maybe in a nutshell let us know why you suggested

600
00:40:02,600 --> 00:40:04,800
 that they do this prior to their zoning?

601
00:40:04,800 --> 00:40:07,040
 Is there a way you can kind of wrap that up?

602
00:40:07,040 --> 00:40:08,040
 You bet.

603
00:40:08,040 --> 00:40:12,200
 I don't want to jump in here, but, you know, it really is a planning best practice to have

604
00:40:12,200 --> 00:40:16,360
 a zoning case be consistent with the future land use map.

605
00:40:16,360 --> 00:40:22,280
 It adds that additional layer of analysis and scrutiny on the project, makes sure that

606
00:40:22,280 --> 00:40:29,800
 it meets all the criteria for approval, and, you know, the 2019 code does have those more

607
00:40:29,800 --> 00:40:35,680
 robust criteria for approval on all zoning cases.

608
00:40:35,680 --> 00:40:41,440
 And so especially -- it may not be appropriate in all rezoning cases, but especially something

609
00:40:41,440 --> 00:40:46,640
 with the acreage of something like 98 acres, it really was just following those best planning

610
00:40:46,640 --> 00:40:47,640
 practices.

611
00:40:47,640 --> 00:40:54,400
 So you'll probably be seeing more of them, I suspect, as we move forward.

612
00:40:54,400 --> 00:40:58,080
 I think for us when we looked at -- when we kind of talked through the zoning change with

613
00:40:58,080 --> 00:41:06,840
 the applicant, it made sense given the visibility of that corner, how it's developed to the

614
00:41:06,840 --> 00:41:09,800
 south and for the most part to the east.

615
00:41:09,800 --> 00:41:17,640
 But when we got into really looking at is it consistent with the comp plan, while we've

616
00:41:17,640 --> 00:41:22,720
 brought other ones forward where they weren't consistent, I would say the lion's share of

617
00:41:22,720 --> 00:41:30,440
 those have been those areas that have annexed, that just received the RR, residential rural

618
00:41:30,440 --> 00:41:35,080
 land use, and I think when we ultimately come back in a few months with the comp plan update,

619
00:41:35,080 --> 00:41:41,040
 I think that's more of a broader -- I think we've talked about that even as a commission.

620
00:41:41,040 --> 00:41:43,760
 How do we adequately address these?

621
00:41:43,760 --> 00:41:44,960
 We've looked at that.

622
00:41:44,960 --> 00:41:49,660
 Are they really rural areas or are they just holding patterns?

623
00:41:49,660 --> 00:41:55,300
 And so that's been a little bit of an easier argument to make, particularly residential

624
00:41:55,300 --> 00:41:56,300
 or residential.

625
00:41:56,300 --> 00:41:59,640
 We talk about mixed use that allows for that residential component.

626
00:41:59,640 --> 00:42:04,460
 Business innovation really doesn't lend itself to that.

627
00:42:04,460 --> 00:42:11,480
 And so it was really a struggle for us to make the argument or support the zoning change

628
00:42:11,480 --> 00:42:14,560
 without a land use plan amendment.

629
00:42:14,560 --> 00:42:20,880
 It's still always difficult for me coming from a different state that mandates that

630
00:42:20,880 --> 00:42:24,800
 the comp plan and zoning be consistent.

631
00:42:24,800 --> 00:42:30,680
 You're prohibited from approving a zoning that's inconsistent with the comp plan.

632
00:42:30,680 --> 00:42:36,080
 In fact, if it is inconsistent, the rules -- you cannot enforce those land development

633
00:42:36,080 --> 00:42:40,040
 regulations, whatever regulations are governed by the comp plan, not saying that that's where

634
00:42:40,040 --> 00:42:44,640
 we need to go, but I still struggle with that internally, just having worked for 20 years

635
00:42:44,640 --> 00:42:47,800
 in that environment.

636
00:42:47,800 --> 00:42:52,800
 But I think it's just a different -- with the new DDC, we're just looking at things,

637
00:42:52,800 --> 00:43:01,800
 I think, much more objectively and kind of a long-term and how should this grow and just

638
00:43:01,800 --> 00:43:02,800
 really supporting that.

639
00:43:02,800 --> 00:43:06,980
 So is the comp plan being looked at as a whole right now?

640
00:43:06,980 --> 00:43:08,640
 We are in the process.

641
00:43:08,640 --> 00:43:16,440
 We had an RFP that was issued in the process of looking at analyzing the responses, and

642
00:43:16,440 --> 00:43:21,560
 ultimately we'll be going forward to counsel with a recommendation for selection of a consultant

643
00:43:21,560 --> 00:43:23,560
 for an update of the comp plan.

644
00:43:23,560 --> 00:43:26,360
 It's sort of in two phases.

645
00:43:26,360 --> 00:43:31,760
 The first phase is really just sort of an evaluation and appraisal report of what have

646
00:43:31,760 --> 00:43:38,160
 we done, what have we accomplished, what didn't we accomplish, and why, and what's changed.

647
00:43:38,160 --> 00:43:43,840
 I think a lot of things have changed since our comp plan was initially adopted.

648
00:43:43,840 --> 00:43:49,880
 Not saying it was bad, but I think we got out of a huge recession.

649
00:43:49,880 --> 00:43:53,920
 I don't think anyone's expected the growth that we've seen, and I don't know that it's

650
00:43:53,920 --> 00:43:58,120
 necessarily caught up, particularly in those rural areas.

651
00:43:58,120 --> 00:44:06,800
 Even the last zoning where it was in the Argyle ISD, there you have areas completely surrounded

652
00:44:06,800 --> 00:44:16,080
 by rural with a mixed use land use that really, did that really make sense from a land use

653
00:44:16,080 --> 00:44:17,080
 perspective?

654
00:44:17,080 --> 00:44:22,680
 And so it's really kind of taking a hard look at all of those land uses, but that definitely

655
00:44:22,680 --> 00:44:27,680
 will be many public meetings on it and many opportunities here to discuss that.

656
00:44:27,680 --> 00:44:32,100
 So when we do these individually like these, it just makes that process probably easier

657
00:44:32,100 --> 00:44:34,440
 as we update these along with that.

658
00:44:34,440 --> 00:44:35,440
 Thank you.

659
00:44:35,440 --> 00:44:36,440
 Commissioner Becker.

660
00:44:36,440 --> 00:44:37,440
 Commissioner Becker.

661
00:44:37,440 --> 00:44:41,520
 So following up from that, so if we have a comprehensive plan that we're trying to sort

662
00:44:41,520 --> 00:44:47,800
 of keep a consistent development plan going through these different regions as our community

663
00:44:47,800 --> 00:44:53,120
 changes over time, if we're hitting these parcels up higgledy-piggledy one at a time,

664
00:44:53,120 --> 00:45:01,560
 that feels like it's punctate, it's one-off, it's not a consistent smooth gradient change

665
00:45:01,560 --> 00:45:08,600
 across the whole region, it is altering a use parcel by parcel by parcel.

666
00:45:08,600 --> 00:45:12,400
 And I understand that's sort of the nature of the beast somewhat because who owns the

667
00:45:12,400 --> 00:45:19,360
 parcels and what not is not under the control of the city per se.

668
00:45:19,360 --> 00:45:24,600
 And the second follow-up question is going to relate, across the street behind the government

669
00:45:24,600 --> 00:45:31,480
 area you have that mixed use green corridor that has developed, what was that before and

670
00:45:31,480 --> 00:45:38,920
 how did that green corridor across the 28 become green and open space?

671
00:45:38,920 --> 00:45:39,920
 This here?

672
00:45:39,920 --> 00:45:40,920
 Yes.

673
00:45:40,920 --> 00:45:41,920
 That's floodplain.

674
00:45:41,920 --> 00:45:44,720
 That's just listed as floodplain.

675
00:45:44,720 --> 00:45:50,760
 All of this area, so you can see those are in the floodplain, so that would of course

676
00:45:50,760 --> 00:45:55,480
 restrict development on that property.

677
00:45:55,480 --> 00:46:02,720
 So then we have in the comprehensive roll-out and development, we then have these competing

678
00:46:02,720 --> 00:46:15,880
 interests of floodplain issues, green corridor issues, riparian issues, consistent development

679
00:46:15,880 --> 00:46:27,200
 issues, and I guess how are we, if we're going from government, riparian to government, how

680
00:46:27,200 --> 00:46:36,360
 I guess I'll just say that having an inconsistent use here has coincidentally, maybe accidentally

681
00:46:36,360 --> 00:46:41,640
 protected a continuity through this region that would otherwise not be there because

682
00:46:41,640 --> 00:46:46,480
 if a mixed commercial use could have been successfully put in this region, it would

683
00:46:46,480 --> 00:46:48,120
 have been put in this region.

684
00:46:48,120 --> 00:46:53,500
 It's a highly desirable major arterial through 288.

685
00:46:53,500 --> 00:47:00,140
 And so is it really that we're expanding just the consistent plan right there or is

686
00:47:00,140 --> 00:47:07,520
 it that by having an accidental inappropriate use we've actually kept a corridor that should

687
00:47:07,520 --> 00:47:10,140
 be maintained as a corridor?

688
00:47:10,140 --> 00:47:18,760
 And I guess it's not really a question, but it feels like that failure to develop feels

689
00:47:18,760 --> 00:47:25,080
 like that was a benefit to the community rather than the sort of changes that we might be

690
00:47:25,080 --> 00:47:29,000
 proposing.

691
00:47:29,000 --> 00:47:30,000
 Any other questions on this?

692
00:47:30,000 --> 00:47:35,000
 Okay, we're going to move to the zoning discussion, right?

693
00:47:35,000 --> 00:47:46,200
 I promise I'll try not to be redundant, maybe a little.

694
00:47:46,200 --> 00:47:47,800
 All right.

695
00:47:47,800 --> 00:47:50,040
 So this is the zoning case that follows it.

696
00:47:50,040 --> 00:47:54,280
 So the previous presentation was for the comp plan.

697
00:47:54,280 --> 00:47:57,560
 They're following this up with a proposed zoning.

698
00:47:57,560 --> 00:48:03,200
 They're requesting to rezone the whole 98 acres from light industrial and general office

699
00:48:03,200 --> 00:48:08,200
 to mixed use regional MR.

700
00:48:08,200 --> 00:48:10,560
 Current zoning is shown here.

701
00:48:10,560 --> 00:48:18,960
 The light industrial is to the west and then the general office is closer to the hard corner.

702
00:48:18,960 --> 00:48:23,000
 And they are proposing the MR and you can see, I think this map shows it pretty well.

703
00:48:23,000 --> 00:48:27,600
 The MR really is an existing -- is an extension of that existing zoning pattern along loop

704
00:48:27,600 --> 00:48:28,600
 288.

705
00:48:28,600 --> 00:48:32,720
 You've got that consistent purple.

706
00:48:32,720 --> 00:48:33,720
 General criteria for approval.

707
00:48:33,720 --> 00:48:38,360
 We'll touch on them as we talk about the project and the specific criteria for approval for

708
00:48:38,360 --> 00:48:39,360
 zoning.

709
00:48:39,360 --> 00:48:42,160
 So dent plan 2030.

710
00:48:42,160 --> 00:48:45,320
 Right now the future land use is business innovation.

711
00:48:45,320 --> 00:48:51,880
 They are of course requesting that concurrent request to amend the future land use.

712
00:48:51,880 --> 00:48:58,880
 MR could kind of comply with business innovation because of the supporting uses, but really

713
00:48:58,880 --> 00:49:03,440
 the more consistent and the better way to approach it is to be consistent with that

714
00:49:03,440 --> 00:49:07,360
 future land use map.

715
00:49:07,360 --> 00:49:09,600
 So that's the purpose of the request.

716
00:49:09,600 --> 00:49:14,720
 I won't go over all of these again, but the same land use goals that we talked about in

717
00:49:14,720 --> 00:49:18,240
 the comprehensive plan amendment apply to the zoning plan.

718
00:49:18,240 --> 00:49:24,000
 The idea of growing compactly to encourage infill development in areas where there already

719
00:49:24,000 --> 00:49:26,960
 are existing roadway systems.

720
00:49:26,960 --> 00:49:30,840
 So we prevent sprawl into outlying areas.

721
00:49:30,840 --> 00:49:33,360
 So we want to make sure we encourage that infill development.

722
00:49:33,360 --> 00:49:35,840
 It's one of our goals.

723
00:49:35,840 --> 00:49:38,120
 We want to make sure that we grow our assets.

724
00:49:38,120 --> 00:49:42,720
 Loop 288 is one of our -- like I said, a legacy commercial corridor.

725
00:49:42,720 --> 00:49:46,080
 We want to make sure that we grow it and maintain it.

726
00:49:46,080 --> 00:49:48,160
 So this would allow for that.

727
00:49:48,160 --> 00:49:49,160
 And then grow for balance.

728
00:49:49,160 --> 00:49:56,120
 Once again, MR allows that variety of uses so the development could respond to any changing

729
00:49:56,120 --> 00:49:58,920
 conditions or economic trends.

730
00:49:58,920 --> 00:50:04,200
 This map just kind of shows what -- broadly what the surrounding uses are.

731
00:50:04,200 --> 00:50:07,040
 Yellow, you have your public facilities.

732
00:50:07,040 --> 00:50:10,080
 There's a substation that's being constructed here.

733
00:50:10,080 --> 00:50:16,040
 Here's that water, waste water, and power plants that have been there for quite a while.

734
00:50:16,040 --> 00:50:19,800
 The green shows residential developments.

735
00:50:19,800 --> 00:50:23,200
 The blue is kind of office developments, and then red you see commercial.

736
00:50:23,200 --> 00:50:29,680
 So the criteria, does it -- do the permitted uses in MR district, are they consistent with

737
00:50:29,680 --> 00:50:33,120
 the surrounding development in both use and scale?

738
00:50:33,120 --> 00:50:34,240
 Yes.

739
00:50:34,240 --> 00:50:39,520
 The typical uses we find on Loop 288 are the offices, the restaurants, retail, and those

740
00:50:39,520 --> 00:50:42,480
 uses permitted in MR are consistent with that.

741
00:50:42,480 --> 00:50:49,000
 Would it complement -- MR complements this mix of uses and intensities?

742
00:50:49,000 --> 00:50:53,320
 And it would be a logical extension of the zoning to the south.

743
00:50:53,320 --> 00:50:59,280
 MR is -- or MR in this location is consistent with the purpose statement because it -- the

744
00:50:59,280 --> 00:51:03,880
 applicant, first of all, has stated the intent to develop the mix of uses -- a mix of uses

745
00:51:03,880 --> 00:51:10,320
 on site, including typical commercial, like restaurant retail, but also entertainment

746
00:51:10,320 --> 00:51:15,000
 office and higher density retail -- or residential.

747
00:51:15,000 --> 00:51:19,840
 Would it create adverse impacts to the surrounding properties or neighborhood?

748
00:51:19,840 --> 00:51:26,920
 The applicant has done a transportation analysis to determine what -- at full about build out

749
00:51:26,920 --> 00:51:31,520
 what they think they would like to build out on the site, how many trips that would generate.

750
00:51:31,520 --> 00:51:37,600
 So just as -- the numbers they looked at would be 1,000 multifamily dwellings, 259,000 square

751
00:51:37,600 --> 00:51:41,320
 feet of shopping, 150,000 square feet of office.

752
00:51:41,320 --> 00:51:48,200
 By the ITE manual, this would generate about 19,000 trips within a 24-hour period.

753
00:51:48,200 --> 00:51:51,240
 A TIA will be required.

754
00:51:51,240 --> 00:51:55,560
 And they have actually already begun talks with engineering, begun the scoping, the limits

755
00:51:55,560 --> 00:52:01,160
 of that TIA, what intersections they're going to be looking at, and what interventions would

756
00:52:01,160 --> 00:52:05,920
 be required in order to accommodate for these trips.

757
00:52:05,920 --> 00:52:10,060
 Just to let you know what the existing conditions are, Shady Oaks is a secondary arterial.

758
00:52:10,060 --> 00:52:13,140
 It has four travel lanes and at the intersection it actually widens out.

759
00:52:13,140 --> 00:52:18,080
 I believe there are two lanes that turn left onto loop 288, so provides additional capacity

760
00:52:18,080 --> 00:52:19,080
 in that area.

761
00:52:19,080 --> 00:52:27,720
 And the loop 288 is six lanes, travel lanes, of course, it has the necessary deceleration

762
00:52:27,720 --> 00:52:31,960
 lanes where it's needed or protected left turns.

763
00:52:31,960 --> 00:52:37,720
 And the intersection of Shady Oaks and loop 288, Moore Street to the east, is the signalized

764
00:52:37,720 --> 00:52:39,920
 intersection.

765
00:52:39,920 --> 00:52:42,720
 Public water and wastewater are available to the site.

766
00:52:42,720 --> 00:52:47,200
 Of course, tap and impact pack fees would be required not only for water and wastewater

767
00:52:47,200 --> 00:52:49,760
 but also for roadways.

768
00:52:49,760 --> 00:52:50,760
 Public outreach was done.

769
00:52:50,760 --> 00:52:55,680
 We haven't received any responses in opposition or in favor.

770
00:52:55,680 --> 00:52:59,920
 And so staff recommends approval of the request as it meets the criteria for approval.

771
00:52:59,920 --> 00:53:02,400
 And I'll stand for any questions on this one.

772
00:53:02,400 --> 00:53:03,400
 Questions?

773
00:53:03,400 --> 00:53:04,400
 Commissioner Brack.

774
00:53:04,400 --> 00:53:05,400
 Thank you, Chair.

775
00:53:05,400 --> 00:53:14,400
 So speaking of the traffic impact analysis, so if we had continued business corridor light

776
00:53:14,400 --> 00:53:21,720
 industrial in that area, there would be substantially lower traffic impact going through Shady Oaks

777
00:53:21,720 --> 00:53:30,080
 turning at those corridors.

778
00:53:30,080 --> 00:53:37,600
 Do we have an idea of the, you know, what 1,000 homes and sort of businesses would have

779
00:53:37,600 --> 00:53:41,920
 on the characteristics of especially 288 and Shady Oaks right there?

780
00:53:41,920 --> 00:53:46,680
 I wasn't clear if maybe if you could help me understand what -- I mean, I know we're

781
00:53:46,680 --> 00:53:50,240
 a little way cart in front of the horse there, but I mean --

782
00:53:50,240 --> 00:53:51,240
 Homes?

783
00:53:51,240 --> 00:53:52,240
 Like single-family homes?

784
00:53:52,240 --> 00:53:57,960
 That's what I thought I read on your slide, 1,000 homes.

785
00:53:57,960 --> 00:54:00,360
 Multifamily.

786
00:54:00,360 --> 00:54:01,360
 Oh, 1,000 multifamily.

787
00:54:01,360 --> 00:54:07,400
 Well, does she still have 800 cars or whatever that's going to be for that multifamily unit?

788
00:54:07,400 --> 00:54:12,600
 I could look up before the public hearing what the trips would be for a distribution.

789
00:54:12,600 --> 00:54:15,840
 But just remember, this isn't for a specific site plan.

790
00:54:15,840 --> 00:54:20,440
 So GEO and LI permit a variety of uses.

791
00:54:20,440 --> 00:54:26,080
 It wouldn't necessarily be a distribution center that might produce less traffic, although

792
00:54:26,080 --> 00:54:30,360
 it could produce additional truck traffic which could be conflicting with the passenger

793
00:54:30,360 --> 00:54:34,400
 cars you typically see on loop 288.

794
00:54:34,400 --> 00:54:41,360
 But so, you know, in GEO, it could develop with commercial uses which typically generate

795
00:54:41,360 --> 00:54:43,800
 more traffic than would a residential use.

796
00:54:43,800 --> 00:54:48,040
 So part of the reason I ask is a couple of meetings ago we were talking about the development

797
00:54:48,040 --> 00:54:53,440
 there along Dutchess and the traffic impact and one of our concerns was putting a light

798
00:54:53,440 --> 00:54:54,440
 there.

799
00:54:54,440 --> 00:54:55,440
 What's the impact?

800
00:54:55,440 --> 00:54:58,720
 Will cars slow the flow along 288?

801
00:54:58,720 --> 00:55:03,800
 Are people even going to be able -- and we talked about, you know, an entrance lane but

802
00:55:03,800 --> 00:55:12,580
 not an exit lane and some other traffic impacts and those on steroids would be coming in if

803
00:55:12,580 --> 00:55:18,720
 we put a lot of development in there whereas light industrial wouldn't have that and these

804
00:55:18,720 --> 00:55:23,520
 potential impacts are going to be gestalt and impacting each other and there's going

805
00:55:23,520 --> 00:55:30,280
 to be a cumulative effect on multiple developments degrading the traffic flow in that region

806
00:55:30,280 --> 00:55:34,360
 which won't happen from the government use to the east which will be lighter.

807
00:55:34,360 --> 00:55:40,240
 If this remained commercial, light industrial, it would be lighter.

808
00:55:40,240 --> 00:55:41,840
 You wouldn't see the kinds of traffic impacts.

809
00:55:41,840 --> 00:55:48,840
 So I would actually kind of like if you could ballpark that sort of traffic impact for this

810
00:55:48,840 --> 00:55:50,520
 kind of development.

811
00:55:50,520 --> 00:55:54,080
 Thank you.

812
00:55:54,080 --> 00:55:55,080
 >> Commissioner Bruneau.

813
00:55:55,080 --> 00:55:59,760
 >> And I kind of want to kind of echo that because I spent a lot of time in that area.

814
00:55:59,760 --> 00:56:06,640
 The traffic at a lot of times a day is terrible already and dropping that kind of, you know,

815
00:56:06,640 --> 00:56:10,840
 basically that many family dwellings as well as shopping and everything right there where

816
00:56:10,840 --> 00:56:12,280
 it's empty.

817
00:56:12,280 --> 00:56:19,040
 Off the top of my head I know that the exit out from the kind of elections building government

818
00:56:19,040 --> 00:56:21,560
 complex and everything on Carina.

819
00:56:21,560 --> 00:56:26,740
 Actually you can come out from that area and then, you know, go across and turn.

820
00:56:26,740 --> 00:56:31,000
 It's extremely dangerous for people coming out there, you know.

821
00:56:31,000 --> 00:56:35,240
 And one of the things I'd like to find out is what we have in plans for traffic mitigation

822
00:56:35,240 --> 00:56:40,520
 because we'd most likely need a light there or we need to cut off that full exit out,

823
00:56:40,520 --> 00:56:47,160
 you know, onto I guess the southbound side of it from Carina because I just can't see

824
00:56:47,160 --> 00:56:50,240
 any more traffic into there without it becoming incredibly more dangerous.

825
00:56:50,240 --> 00:56:52,800
 >> Well, there is a light here at this location so --

826
00:56:52,800 --> 00:56:57,360
 >> Well, I mean, yeah, up there on Morse but, like, yeah, I'm talking about the one right

827
00:56:57,360 --> 00:57:05,160
 below it because I often see people kind of doing, you know, white knuckle, you know.

828
00:57:05,160 --> 00:57:09,720
 >> And at this stage they haven't done the analysis to figure out where their access

829
00:57:09,720 --> 00:57:16,160
 points would be so, you know, all we can look at is what those existing conditions are in

830
00:57:16,160 --> 00:57:22,120
 the roadway network right now.

831
00:57:22,120 --> 00:57:23,120
 >> Any other questions?

832
00:57:23,120 --> 00:57:26,360
 Julie, I have one and I don't know if you have the answer for it.

833
00:57:26,360 --> 00:57:30,760
 West of this property, there's a radioactive thing going on.

834
00:57:30,760 --> 00:57:33,800
 Do we have an update on where that cleanup is?

835
00:57:33,800 --> 00:57:37,240
 I mean, I know it's been quite a legal mess from what I've read.

836
00:57:37,240 --> 00:57:38,240
 >> I do.

837
00:57:38,240 --> 00:57:39,240
 >> Yeah.

838
00:57:39,240 --> 00:57:40,240
 I love that.

839
00:57:40,240 --> 00:57:41,240
 >> So -- and thank you.

840
00:57:41,240 --> 00:57:42,240
 Yes.

841
00:57:42,240 --> 00:57:47,160
 So I did speak with a representative from the Texas Department of Health today.

842
00:57:47,160 --> 00:57:50,640
 And yes, there -- let me see if I can get to the property.

843
00:57:50,640 --> 00:57:51,640
 Yeah, this shows it.

844
00:57:51,640 --> 00:57:52,640
 Okay.

845
00:57:52,640 --> 00:57:54,560
 So we're talking about this side here which is about -- I measured it.

846
00:57:54,560 --> 00:58:01,840
 It's about 2,000 feet from the western boundary of the subject property.

847
00:58:01,840 --> 00:58:04,800
 There is radioactive contamination.

848
00:58:04,800 --> 00:58:09,480
 There was, I think, a medical use in this building right here.

849
00:58:09,480 --> 00:58:13,480
 According to the Texas Department of Health, they do monitor it.

850
00:58:13,480 --> 00:58:17,400
 The cleanup has not been done yet.

851
00:58:17,400 --> 00:58:24,040
 But they are pushing that it will be cleaned up at some point in the future.

852
00:58:24,040 --> 00:58:30,040
 The contamination is contained inside the building.

853
00:58:30,040 --> 00:58:35,440
 And they have not found any evidence of any contamination outside of the property.

854
00:58:35,440 --> 00:58:41,040
 And so, you know, if you're not on that property or inside the building, according to the representative

855
00:58:41,040 --> 00:58:46,000
 I spoke with today, it would not -- there's not any contamination outside of that.

856
00:58:46,000 --> 00:58:47,000
 >> Okay.

857
00:58:47,000 --> 00:58:48,560
 Do you know how often they monitor it?

858
00:58:48,560 --> 00:58:49,960
 Did they happen to tell you?

859
00:58:49,960 --> 00:58:50,960
 >> They did not tell me that.

860
00:58:50,960 --> 00:58:53,520
 >> But just on a consistent basis to make sure that that is nothing.

861
00:58:53,520 --> 00:58:55,400
 And that's mainly what I wanted to know.

862
00:58:55,400 --> 00:58:57,760
 Has there been any seeping out?

863
00:58:57,760 --> 00:58:58,760
 Okay.

864
00:58:58,760 --> 00:59:00,120
 Thank you for getting that information.

865
00:59:00,120 --> 00:59:01,120
 >> Sure.

866
00:59:01,120 --> 00:59:02,120
 You bet.

867
00:59:02,120 --> 00:59:03,120
 >> Just one quick question following that up.

868
00:59:03,120 --> 00:59:04,120
 Thank you, Chair.

869
00:59:04,120 --> 00:59:06,560
 Do we -- and this is just an education question.

870
00:59:06,560 --> 00:59:09,280
 Do we know what kind of radiologicals were in that facility?

871
00:59:09,280 --> 00:59:11,160
 >> I do not know that.

872
00:59:11,160 --> 00:59:12,160
 >> Okay.

873
00:59:12,160 --> 00:59:18,680
 Sort of -- I mean, did you run across half-life terminology in when you looked up the stuff?

874
00:59:18,680 --> 00:59:19,680
 >> No.

875
00:59:19,680 --> 00:59:21,600
 >> I don't expect you to be an expert on this.

876
00:59:21,600 --> 00:59:23,560
 But you might have run across it in your research.

877
00:59:23,560 --> 00:59:24,560
 >> I didn't.

878
00:59:24,560 --> 00:59:25,560
 >> Okay.

879
00:59:25,560 --> 00:59:26,560
 Thank you.

880
00:59:26,560 --> 00:59:27,560
 >> Commissioner Cole.

881
00:59:27,560 --> 00:59:28,560
 >> Thank you, Chair.

882
00:59:28,560 --> 00:59:31,160
 Isn't that a pharmaceutical grade plant or --

883
00:59:31,160 --> 00:59:32,160
 >> It was medical.

884
00:59:32,160 --> 00:59:33,160
 >> Medical.

885
00:59:33,160 --> 00:59:34,160
 >> Yeah.

886
00:59:34,160 --> 00:59:35,440
 >> That's what I read.

887
00:59:35,440 --> 00:59:39,840
 I looked up some articles in the Ditmecker Chronicle, and that was my understanding.

888
00:59:39,840 --> 00:59:40,840
 >> Okay.

889
00:59:40,840 --> 00:59:41,840
 Thank you, Julie.

890
00:59:41,840 --> 00:59:42,840
 >> You bet.

891
00:59:42,840 --> 00:59:43,840
 >> Okay.

892
00:59:43,840 --> 01:00:05,040
 So we'll come back to our public hearing B, I think, if Cindy is here.

893
01:00:05,040 --> 01:00:33,960
 >> Okay, Z21 is a

894
01:00:33,960 --> 01:00:52,480
 request for approval -- it's not widening out -- there, Z20-0001.

895
01:00:52,480 --> 01:00:59,320
 This is a request for approval to rezone 3.46 acres from Residential 2, our two-zoning district,

896
01:00:59,320 --> 01:01:02,120
 to the mixed-use and zoning district.

897
01:01:02,120 --> 01:01:10,840
 The site is located at the -- along the I-35 service road on the north side and approximately

898
01:01:10,840 --> 01:01:14,640
 196 feet northwest of Thunderbird Drive.

899
01:01:14,640 --> 01:01:20,680
 To give you a bit of context, this is University right here, and we've got Razor Ranch right

900
01:01:20,680 --> 01:01:25,280
 here.

901
01:01:25,280 --> 01:01:30,080
 This is a comparison of the current zoning map and the proposed zoning map.

902
01:01:30,080 --> 01:01:36,840
 As you can see, the site is zone R2 right now, and it's surrounded by R7, R3, and R6

903
01:01:36,840 --> 01:01:41,440
 to the east and the south, and then north, it's got the MN zoning district.

904
01:01:41,440 --> 01:01:46,780
 If this is approved, the zoning map reflects the MN zoning district, which would be an

905
01:01:46,780 --> 01:01:55,000
 extension of the MN zoning district that is located to the north of the site.

906
01:01:55,000 --> 01:01:56,720
 Here we have the concept plan.

907
01:01:56,720 --> 01:02:02,880
 It has been a bit refined since the one was drawn that is in your packet.

908
01:02:02,880 --> 01:02:07,720
 The concept plan indicates that 50 feet of right-of-way will be taken from the site by

909
01:02:07,720 --> 01:02:14,640
 text up when the I-35 widens.

910
01:02:14,640 --> 01:02:19,320
 This plan is actually a reflection of two neighborhood meetings that the applicant had

911
01:02:19,320 --> 01:02:22,280
 with the surrounding neighborhood.

912
01:02:22,280 --> 01:02:28,600
 The neighborhood did not want to have buildings adjacent directly to their property.

913
01:02:28,600 --> 01:02:33,680
 They wanted to have a buffer of the parking lot between the buildings.

914
01:02:33,680 --> 01:02:41,560
 So we have the parking area here between the building and the residential.

915
01:02:41,560 --> 01:02:47,640
 We also have an EMS access gate only here at Colonial.

916
01:02:47,640 --> 01:02:54,280
 The neighborhood was concerned about traffic along Colonial, therefore the applicant has

917
01:02:54,280 --> 01:03:00,640
 offered to gate Colonial and have it available only for EMS access.

918
01:03:00,640 --> 01:03:07,720
 The main access to the site will be from the I-35 service road.

919
01:03:07,720 --> 01:03:14,560
 We have general criteria for approval, which I went through in your packet.

920
01:03:14,560 --> 01:03:21,720
 I'm going to focus on the zoning criteria for approval in section 272D.

921
01:03:21,720 --> 01:03:25,280
 The first is related to the Denton plan.

922
01:03:25,280 --> 01:03:33,080
 The site is designated as low residential and it has been this type of low density residential

923
01:03:33,080 --> 01:03:34,920
 for many years.

924
01:03:34,920 --> 01:03:39,500
 Low density residential is intended for residential neighbors with a density between one to four

925
01:03:39,500 --> 01:03:41,880
 dwelling units per acre.

926
01:03:41,880 --> 01:03:53,120
 Now the site does not comply with this low residential designation.

927
01:03:53,120 --> 01:03:58,920
 If you look at the schematic drawing which I will get to later on for the I-35, the service

928
01:03:58,920 --> 01:04:08,040
 road directly adjacent to the residences to the southeast eliminates a buffer.

929
01:04:08,040 --> 01:04:14,440
 There used to be a significant buffer here along the I-35 between the residences and

930
01:04:14,440 --> 01:04:17,320
 the highway.

931
01:04:17,320 --> 01:04:21,520
 That has pretty much disappeared at this point and it's going -- the highway is going to

932
01:04:21,520 --> 01:04:26,360
 get even closer once they expand it to the full potential.

933
01:04:26,360 --> 01:04:33,560
 It's highly unlikely that large lot single family homes are going to develop along the

934
01:04:33,560 --> 01:04:36,760
 I-35 right of way.

935
01:04:36,760 --> 01:04:44,000
 For this reason, the MN zoning district that is requested is a better fit for this area.

936
01:04:44,000 --> 01:04:48,920
 It will provide a transition and a buffer between the surrounding single family to the

937
01:04:48,920 --> 01:05:02,120
 east and the I-35 area and it will just be a better fit for this area.

938
01:05:02,120 --> 01:05:04,560
 Criteria two, consistent with relevant small area plans.

939
01:05:04,560 --> 01:05:08,960
 Well, there are no small area plans for this location.

940
01:05:08,960 --> 01:05:13,720
 Criteria three, consistent with the purpose statement of the proposed district.

941
01:05:13,720 --> 01:05:21,200
 The MN district is created to support compatibility between higher density mixed use areas and

942
01:05:21,200 --> 01:05:23,520
 residential and commercial areas.

943
01:05:23,520 --> 01:05:33,160
 The applicant is proposing an office use and he's proposing some low intensity neighborhood

944
01:05:33,160 --> 01:05:46,280
 retail restaurant in the row of offices along the front, specifically these two right here.

945
01:05:46,280 --> 01:05:54,880
 The remaining will be offices.

946
01:05:54,880 --> 01:05:58,160
 Criteria four, there have been or will be significant changes in the area to warrant

947
01:05:58,160 --> 01:05:59,160
 a zoning change.

948
01:05:59,160 --> 01:06:08,200
 As I mentioned before, I-35, there are plans in place to expand I-35 to its full capacity.

949
01:06:08,200 --> 01:06:13,600
 As you can see by the schematic that I took from text.site, the right of way line will

950
01:06:13,600 --> 01:06:20,480
 just travel right along here, along the backyards of these homes and then dip down and take

951
01:06:20,480 --> 01:06:25,880
 part of this property and all of the remaining property along I-35.

952
01:06:25,880 --> 01:06:31,960
 This will bring the service road very close to the area and as I noted earlier, this would

953
01:06:31,960 --> 01:06:41,560
 not be appropriate for large scale, large lot residential housing.

954
01:06:41,560 --> 01:06:45,880
 The intensity of new development permitted by the requesting zoning district is not expected

955
01:06:45,880 --> 01:06:49,840
 to create significantly adverse effects to the surrounding areas.

956
01:06:49,840 --> 01:06:57,160
 In working with the neighborhood, the applicant has ensured that there will be low impact

957
01:06:57,160 --> 01:06:58,600
 to the area.

958
01:06:58,600 --> 01:07:02,940
 With regards to the streets, the applicant's proposal to date Colonial and limit access

959
01:07:02,940 --> 01:07:15,200
 to emergency medical services only will help with the impacts on the properties along Colonial.

960
01:07:15,200 --> 01:07:19,320
 The site will only be accessed from the I-35 service road.

961
01:07:19,320 --> 01:07:22,640
 For water and waste water, it is available in Colonial right now.

962
01:07:22,640 --> 01:07:28,120
 No extension of the water or sewer will be required for this.

963
01:07:28,120 --> 01:07:34,520
 Parks, this is not a residential use and proximity to parks is not required.

964
01:07:34,520 --> 01:07:41,560
 Schools, the subject site is not residential and will not impact the student population.

965
01:07:41,560 --> 01:07:47,080
 And fire station, the subject property is approximately 1.2 miles from fire station

966
01:07:47,080 --> 01:07:52,200
 number five on Windsor which is within the eight miles or less response time boundary.

967
01:07:52,200 --> 01:08:00,060
 Now the applicant in working with the property owners has also proposed an overlay district.

968
01:08:00,060 --> 01:08:08,320
 He worked with the applicant on various restrictions on use and the applicant will present that

969
01:08:08,320 --> 01:08:09,320
 to you.

970
01:08:09,320 --> 01:08:16,580
 I did not have this information when your staff report was written.

971
01:08:16,580 --> 01:08:26,120
 We did notify within 200 and 500 feet and we received back notices in response that are

972
01:08:26,120 --> 01:08:31,520
 in support of this request as long as the conditions of approval that the applicant

973
01:08:31,520 --> 01:08:36,080
 will be presenting are part of the approval.

974
01:08:36,080 --> 01:08:40,920
 Now I'm having printer problems.

975
01:08:40,920 --> 01:08:44,640
 That's why I wasn't here when you first got to my case.

976
01:08:44,640 --> 01:08:47,080
 However, I do have them to give to you.

977
01:08:47,080 --> 01:08:51,520
 I just need to access a printer that will print them out properly.

978
01:08:51,520 --> 01:08:53,160
 What is it that you have to give to us, Cindy?

979
01:08:53,160 --> 01:08:54,160
 Pardon me?

980
01:08:54,160 --> 01:08:55,160
 What do you have to give to us?

981
01:08:55,160 --> 01:08:56,160
 The responses?

982
01:08:56,160 --> 01:08:57,160
 Yes.

983
01:08:57,160 --> 01:08:58,160
 I see.

984
01:08:58,160 --> 01:08:59,160
 Okay.

985
01:08:59,160 --> 01:09:02,320
 Staff is recommending approval of this request.

986
01:09:02,320 --> 01:09:09,200
 It conforms with the criteria in section 2.4.5E and section 2.7.2D of the Denton Development

987
01:09:09,200 --> 01:09:12,400
 Code.

988
01:09:12,400 --> 01:09:15,320
 That concludes my presentation.

989
01:09:15,320 --> 01:09:19,240
 So Cindy, I have a question.

990
01:09:19,240 --> 01:09:21,280
 Yes.

991
01:09:21,280 --> 01:09:26,360
 So the request is a zoning change to MN.

992
01:09:26,360 --> 01:09:28,320
 Yes.

993
01:09:28,320 --> 01:09:32,200
 But there's really no way to guarantee the neighborhood these protections that you pointed

994
01:09:32,200 --> 01:09:33,820
 out, correct?

995
01:09:33,820 --> 01:09:39,040
 Like that Colonial would just be the crash gate and that the parking would be such.

996
01:09:39,040 --> 01:09:46,480
 I mean, it's a concept plan, so there's not really a guarantee to the neighborhood that

997
01:09:46,480 --> 01:09:47,480
 we can do this.

998
01:09:47,480 --> 01:09:52,000
 We don't have an instrument to really condition an MN zoning.

999
01:09:52,000 --> 01:09:59,600
 The only thing that we can do is approve the restrictions, the overlay restrictions, approve

1000
01:09:59,600 --> 01:10:09,080
 the zoning for the overlay restrictions that would memorialize the use restrictions and

1001
01:10:09,080 --> 01:10:12,480
 the gated accesses in that as well.

1002
01:10:12,480 --> 01:10:18,320
 But we don't have that ability, do we?

1003
01:10:18,320 --> 01:10:23,560
 In the old DDC, we used to have the mixed use overlay district.

1004
01:10:23,560 --> 01:10:31,920
 If you recall, prior to maybe a year ago, there were a number of overlay districts that

1005
01:10:31,920 --> 01:10:39,120
 were put in place, and I think that was a previous determination from legal that council

1006
01:10:39,120 --> 01:10:44,080
 could -- has the ability to -- I forget the case that that was based off of, but has the

1007
01:10:44,080 --> 01:10:49,680
 ability to put an overlay zone, further restricting property.

1008
01:10:49,680 --> 01:10:52,640
 We're not necessarily recommending it.

1009
01:10:52,640 --> 01:11:02,960
 Certainly if it's something that's being asked to do, it's something council could consider.

1010
01:11:02,960 --> 01:11:11,040
 But I mean, for us, as the recommending body, I mean, we're really just approving the zoning

1011
01:11:11,040 --> 01:11:16,520
 change or not the -- because the only way to really do this is a PD from the way I understand

1012
01:11:16,520 --> 01:11:17,520
 the way our code is, correct?

1013
01:11:17,520 --> 01:11:22,240
 I think the only way for us to say -- Unless council wanted to kind of, I guess,

1014
01:11:22,240 --> 01:11:28,200
 step out and authorize the -- Right, and the applicant was informed that

1015
01:11:28,200 --> 01:11:35,640
 the PD would be the best way to do this, and they wanted to try the overlay.

1016
01:11:35,640 --> 01:11:37,640
 Okay.

1017
01:11:37,640 --> 01:11:39,120
 I guess I'm just confused.

1018
01:11:39,120 --> 01:11:42,720
 So council would have to initialize an overlay?

1019
01:11:42,720 --> 01:11:43,720
 Correct.

1020
01:11:43,720 --> 01:11:50,840
 So possibly we could recommend approval if --

1021
01:11:50,840 --> 01:11:53,280
 Probably consider an overlay restriction.

1022
01:11:53,280 --> 01:11:54,280
 Okay.

1023
01:11:54,280 --> 01:11:56,640
 It's very, very strange.

1024
01:11:56,640 --> 01:11:57,640
 Okay.

1025
01:11:57,640 --> 01:11:59,040
 Commissioner Beck.

1026
01:11:59,040 --> 01:12:00,040
 Thank you, Chair.

1027
01:12:00,040 --> 01:12:10,960
 So my first related question is, it falls directly from Commissioner Ellis's, and can we make

1028
01:12:10,960 --> 01:12:15,480
 that sort of recommendation going forward to council?

1029
01:12:15,480 --> 01:12:23,880
 Can we say, you know, approve with the condition that council does it with an overlay?

1030
01:12:23,880 --> 01:12:27,240
 Is that something that -- I haven't heard us do that before, but I've not been here

1031
01:12:27,240 --> 01:12:34,000
 that long, so -- Commissioner Beck, you could make a recommendation

1032
01:12:34,000 --> 01:12:42,040
 for the zoning change with the conditions, but has the developer provided those conditions?

1033
01:12:42,040 --> 01:12:43,040
 Yes.

1034
01:12:43,040 --> 01:12:44,040
 Yes.

1035
01:12:44,040 --> 01:12:47,920
 He will provide them.

1036
01:12:47,920 --> 01:12:52,160
 That's what the recommendation would be, identifying those specific conditions.

1037
01:12:52,160 --> 01:12:56,520
 And they're attached -- there's a copy attached to the responses, too.

1038
01:12:56,520 --> 01:13:00,840
 I just need to get those printed out.

1039
01:13:00,840 --> 01:13:03,600
 Okay.

1040
01:13:03,600 --> 01:13:15,520
 And then council, then, in order to have an instrument to -- that we could enforce those

1041
01:13:15,520 --> 01:13:18,680
 would have to be the initialization of an overlay.

1042
01:13:18,680 --> 01:13:20,400
 Is that -- am I understanding that correctly?

1043
01:13:20,400 --> 01:13:21,400
 Right.

1044
01:13:21,400 --> 01:13:26,840
 It would be something called conditional zoning, where you just attach conditions to the rezoning.

1045
01:13:26,840 --> 01:13:27,840
 Yeah.

1046
01:13:27,840 --> 01:13:31,920
 Like we've done before.

1047
01:13:31,920 --> 01:13:34,440
 Okay.

1048
01:13:34,440 --> 01:13:41,840
 We used to have -- prior to the 2002 code, we had -- the way we indicated conditional

1049
01:13:41,840 --> 01:13:50,640
 zoning is we'd have, for example, SF for single family and then a little C next to it to indicate

1050
01:13:50,640 --> 01:13:52,120
 there were overlay conditions.

1051
01:13:52,120 --> 01:13:53,120
 Right.

1052
01:13:53,120 --> 01:13:55,840
 And I definitely understand the past.

1053
01:13:55,840 --> 01:14:00,520
 I thought we were moving all of that into PDs.

1054
01:14:00,520 --> 01:14:03,680
 And so I didn't think we had a mechanism for conditional zoning.

1055
01:14:03,680 --> 01:14:09,640
 So I guess if we still do, that's my confusion, then.

1056
01:14:09,640 --> 01:14:11,000
 Correct.

1057
01:14:11,000 --> 01:14:16,320
 There is a new zoning district in the DDC called PD, plan development, but there's also

1058
01:14:16,320 --> 01:14:25,760
 this what I would like to call common law authority under just our zoning enabling act

1059
01:14:25,760 --> 01:14:29,280
 that would allow -- So not necessarily built into our code, but that is a --

1060
01:14:29,280 --> 01:14:30,280
 Right.

1061
01:14:30,280 --> 01:14:31,280
 That's --

1062
01:14:31,280 --> 01:14:35,720
 If you so choose to make those conditions part of your recommendation.

1063
01:14:35,720 --> 01:14:36,720
 Understood.

1064
01:14:36,720 --> 01:14:37,720
 Okay.

1065
01:14:37,720 --> 01:14:38,720
 Commissioner Beck.

1066
01:14:38,720 --> 01:14:39,720
 So a different question.

1067
01:14:39,720 --> 01:14:41,600
 Can we go back to the concept plan figure?

1068
01:14:41,600 --> 01:14:42,600
 Sure.

1069
01:14:42,600 --> 01:14:48,360
 So -- and this is about some of the issues that you brought up with the expansion of

1070
01:14:48,360 --> 01:14:49,360
 I-35.

1071
01:14:49,360 --> 01:14:55,520
 I actually don't have a problem with the overall idea of making this MN, but I worry, can we

1072
01:14:55,520 --> 01:15:04,400
 have that much -- that little of an easement of a buffer between 35 and the building?

1073
01:15:04,400 --> 01:15:09,480
 I mean, it feels like it's real tight, and I wasn't sure we were allowed to do something

1074
01:15:09,480 --> 01:15:10,680
 like that, are we?

1075
01:15:10,680 --> 01:15:13,280
 Well, it's TechStat that's doing it.

1076
01:15:13,280 --> 01:15:18,960
 Well, so we can do it now based on the conditions now, but I mean, it's foolish of us not to

1077
01:15:18,960 --> 01:15:21,200
 consider what they've told us they're going to do.

1078
01:15:21,200 --> 01:15:22,200
 Oh, sure.

1079
01:15:22,200 --> 01:15:29,040
 And we have -- if you recall, in the landscaping ordinance, we do have a point system, and

1080
01:15:29,040 --> 01:15:38,760
 part of the point system is a front buffer that they can add 10 feet.

1081
01:15:38,760 --> 01:15:44,920
 So I mean, is the idea that that's going to be frontage road, or -- I mean, how long do

1082
01:15:44,920 --> 01:15:45,920
 you understand --

1083
01:15:45,920 --> 01:15:46,920
 That's going to be service road.

1084
01:15:46,920 --> 01:15:47,920
 Okay.

1085
01:15:47,920 --> 01:15:49,960
 I think it's important to note that this is just a concept plan.

1086
01:15:49,960 --> 01:15:52,360
 They still need to comply with setback requirements.

1087
01:15:52,360 --> 01:15:53,840
 There's minimum easement requirements.

1088
01:15:53,840 --> 01:15:57,720
 So that will all get factored in after that right-of-way dedication at that time.

1089
01:15:57,720 --> 01:16:02,520
 So that's actually why I asked this question, because if the concept plan ends up having

1090
01:16:02,520 --> 01:16:07,520
 to move back 10 feet, then the parking has to move back 10 feet, the road has to move

1091
01:16:07,520 --> 01:16:11,640
 back 10 feet, the second row of buildings has to be moved back 10 feet if they're going

1092
01:16:11,640 --> 01:16:17,680
 to keep something like this layout, and then that gets into this agreement that they discussed

1093
01:16:17,680 --> 01:16:20,960
 with the neighbors about the buffer parking.

1094
01:16:20,960 --> 01:16:26,440
 And so I'm concerned that -- I mean, it kind of follows this idea of what can we enforce

1095
01:16:26,440 --> 01:16:33,880
 if TextDOT ends up causing a thing that dominoes this all backwards.

1096
01:16:33,880 --> 01:16:34,880
 That's my concern.

1097
01:16:34,880 --> 01:16:38,720
 I can tell you, I don't believe that we've looked at this plan for compliance with the

1098
01:16:38,720 --> 01:16:39,720
 zoning regulations.

1099
01:16:39,720 --> 01:16:40,720
 No.

1100
01:16:40,720 --> 01:16:41,720
 It's a concept plan.

1101
01:16:41,720 --> 01:16:51,960
 However, I do know that TextDOT has this in the schematic, and this is how it is shown.

1102
01:16:51,960 --> 01:16:53,160
 All right.

1103
01:16:53,160 --> 01:16:54,160
 Thank you.

1104
01:16:54,160 --> 01:16:55,160
 Sure.

1105
01:16:55,160 --> 01:16:56,160
 That's why I put it in your packet.

1106
01:16:56,160 --> 01:16:57,160
 I think the amendment is fine.

1107
01:16:57,160 --> 01:16:58,160
 I think the amendment is fine.

1108
01:16:58,160 --> 01:17:07,880
 I just -- I worry -- we'll see what they can plait and what they can't, I guess.

1109
01:17:07,880 --> 01:17:09,360
 Any other questions for Cindy?

1110
01:17:09,360 --> 01:17:10,360
 Okay.

1111
01:17:10,360 --> 01:17:11,360
 Thank you, Cindy.

1112
01:17:11,360 --> 01:17:12,360
 You're welcome.

1113
01:17:12,360 --> 01:17:13,360
 Okay.

1114
01:17:13,360 --> 01:17:18,840
 I think that gets us through our agenda, so I will close our work session at 618.

1115
01:17:18,840 --> 01:17:24,200
 We will reconvene at 630 in council chambers.

1116
01:17:24,200 --> 01:17:29,240
 Good evening.

1117
01:17:29,240 --> 01:17:30,240
 Thank you for your patience.

1118
01:17:30,240 --> 01:17:35,960
 Welcome to the City of Denton's planning and zoning meeting for Wednesday, March 4th, 2020.

1119
01:17:35,960 --> 01:17:42,520
 With the quorum present, I will call us to order at 646 p.m. Let the record show Chair

1120
01:17:42,520 --> 01:17:46,280
 Rozell and Commissioner Anderson are absent.

1121
01:17:46,280 --> 01:17:51,080
 Our first item of business is to stand if able, give the pledge to the U.S. and Texas

1122
01:17:51,080 --> 01:17:52,080
 flag.

1123
01:17:52,080 --> 01:18:09,400
 I pledge allegiance to the flag of the United States of America, and to the republic for

1124
01:18:09,400 --> 01:18:21,000
 which it stands, one nation under God, indivisible, with liberty and justice for all.

1125
01:18:21,000 --> 01:18:28,640
 Okay, before we move through our first item on the agenda for vote, I wanted to clear

1126
01:18:28,640 --> 01:18:32,680
 up some public hearing items.

1127
01:18:32,680 --> 01:18:39,720
 Public hearing 5A, as noted on the agenda, will be postponed to 318.

1128
01:18:39,720 --> 01:18:48,280
 Public hearing item C, that is PD194, villas at Eagle Ridge, I will be looking for a motion

1129
01:18:48,280 --> 01:18:54,080
 to postpone that to a date certain of March 18th.

1130
01:18:54,080 --> 01:19:05,360
 Public hearing item D, CA190001, I will be looking for a motion to postpone that to April

1131
01:19:05,360 --> 01:19:07,520
 8th.

1132
01:19:07,520 --> 01:19:18,240
 Public hearing E, Z2000002, I will be looking for a motion to postpone that to April 8th.

1133
01:19:18,240 --> 01:19:23,440
 I wanted to say that up front, so if anyone is in the audience wishing to speak on those

1134
01:19:23,440 --> 01:19:31,440
 items, they will be looking to be postponed this evening.

1135
01:19:31,440 --> 01:19:37,680
 Our next order of business would be to consider the approval of the planning and zoning minutes

1136
01:19:37,680 --> 01:19:41,840
 for February 19th, and the chair will entertain a motion.

1137
01:19:41,840 --> 01:19:42,840
 Commissioner Smith?

1138
01:19:42,840 --> 01:19:44,800
 Move to approve.

1139
01:19:44,800 --> 01:19:45,800
 Commissioner Prunetta?

1140
01:19:45,800 --> 01:19:46,800
 Second.

1141
01:19:46,800 --> 01:19:51,040
 Commissioner Prunetta, first and a second for approval, any discussion?

1142
01:19:51,040 --> 01:20:03,800
 Seeing none, let's call for a vote on the board.

1143
01:20:03,800 --> 01:20:06,360
 That motion carries 5-0.

1144
01:20:06,360 --> 01:20:09,520
 Next is our consent agenda.

1145
01:20:09,520 --> 01:20:12,960
 Chair, Commissioner Beck?

1146
01:20:12,960 --> 01:20:15,120
 Yes, thank you, Chair.

1147
01:20:15,120 --> 01:20:22,560
 I'd like to make a motion to pull item 3D for individual consideration.

1148
01:20:22,560 --> 01:20:28,000
 Motion on the floor is to pull item D out of consent for individual consideration.

1149
01:20:28,000 --> 01:20:29,000
 Commissioner Prunetta?

1150
01:20:29,000 --> 01:20:30,000
 Second.

1151
01:20:30,000 --> 01:20:35,320
 Got a first and a second to remove item D from consent agenda to individual consideration.

1152
01:20:35,320 --> 01:20:36,320
 Any discussion?

1153
01:20:36,320 --> 01:20:49,820
 Let's call for a vote on the board.

1154
01:20:49,820 --> 01:20:53,720
 That motion carries 4-1.

1155
01:20:53,720 --> 01:21:03,000
 Okay, so we've got listed then for consent, looking for a motion, consent A through C.

1156
01:21:03,000 --> 01:21:04,000
 Commissioner Smith?

1157
01:21:04,000 --> 01:21:05,960
 Move to approve.

1158
01:21:05,960 --> 01:21:06,960
 Commissioner Prunetta?

1159
01:21:06,960 --> 01:21:07,960
 Second.

1160
01:21:07,960 --> 01:21:15,000
 Got a first and a second to approve consent agenda items A through C. Any discussion?

1161
01:21:15,000 --> 01:21:24,440
 Let's call for a vote on the board, please.

1162
01:21:24,440 --> 01:21:28,400
 Motion carries 5-0.

1163
01:21:28,400 --> 01:21:35,880
 That will move us to that pulled item D. Chair's looking for a motion for item D.

1164
01:21:35,880 --> 01:21:38,040
 Individual consideration item.

1165
01:21:38,040 --> 01:21:39,600
 Commissioner Beck?

1166
01:21:39,600 --> 01:21:41,600
 Yes, thank you, Chair.

1167
01:21:41,600 --> 01:21:45,400
 I motion to deny.

1168
01:21:45,400 --> 01:21:54,680
 I have grave concerns about the ESA and drainage in Green Corp can't be concerns for this region.

1169
01:21:54,680 --> 01:22:00,000
 I don't think that they've suitably been addressed by the backup material.

1170
01:22:00,000 --> 01:22:08,360
 Motion on the floor is to deny the preliminary plat PP190038A.

1171
01:22:08,360 --> 01:22:09,360
 Commissioner Prunetta?

1172
01:22:09,360 --> 01:22:10,360
 Second.

1173
01:22:10,360 --> 01:22:11,360
 Okay.

1174
01:22:11,360 --> 01:22:13,320
 The motion on the floor.

1175
01:22:13,320 --> 01:22:21,160
 If I may, under House Bill 3167, there needs to be findings, specific findings, referencing

1176
01:22:21,160 --> 01:22:26,840
 code sections for both approval and denial of a plat, and so if that is being made, I

1177
01:22:26,840 --> 01:22:31,080
 would just recommend, and perhaps Cynthia, City Attorney, can provide additional commentary,

1178
01:22:31,080 --> 01:22:41,360
 but I believe we would have to have a specific reference to a code section for that denial.

1179
01:22:41,360 --> 01:22:42,360
 That is correct.

1180
01:22:42,360 --> 01:22:43,360
 I concur.

1181
01:22:43,360 --> 01:22:53,560
 So the mover, Commissioner Beck, you have to identify specific findings supporting your

1182
01:22:53,560 --> 01:22:58,600
 motion for denial, this item?

1183
01:22:58,600 --> 01:23:04,480
 I don't have the ordinances in front of me, and I don't have the specific item numbers,

1184
01:23:04,480 --> 01:23:12,160
 so I won't be able to cite chapter and verse on that at the moment.

1185
01:23:12,160 --> 01:23:15,760
 So with that, we do not.

1186
01:23:15,760 --> 01:23:16,760
 Motion is withdrawn.

1187
01:23:16,760 --> 01:23:20,240
 Okay, looking for a motion.

1188
01:23:20,240 --> 01:23:21,240
 Commissioner Smith?

1189
01:23:21,240 --> 01:23:24,740
 To approve.

1190
01:23:24,740 --> 01:23:25,740
 Motion to approve.

1191
01:23:25,740 --> 01:23:26,740
 Commissioner Cole?

1192
01:23:26,740 --> 01:23:27,740
 Second.

1193
01:23:27,740 --> 01:23:32,960
 Got a first and a second to approve preliminary plat, PP190038A.

1194
01:23:32,960 --> 01:23:33,960
 Any discussion?

1195
01:23:33,960 --> 01:23:34,960
 Okay.

1196
01:23:34,960 --> 01:23:41,960
 Let's vote on the board.

1197
01:23:41,960 --> 01:23:55,480
 3-2, that is a denial of the preliminary plat.

1198
01:23:55,480 --> 01:24:04,120
 No, my motion was to approve.

1199
01:24:04,120 --> 01:24:05,820
 Motion was withdrawn, and then I made a motion to approve.

1200
01:24:05,820 --> 01:24:07,160
 Four votes are needed in order to make a motion.

1201
01:24:07,160 --> 01:24:08,160
 Got you.

1202
01:24:08,160 --> 01:24:09,160
 Okay.

1203
01:24:09,160 --> 01:24:10,160
 Understood.

1204
01:24:10,160 --> 01:24:21,680
 Okay, that moves us to item 4A on our agenda.

1205
01:24:21,680 --> 01:24:23,000
 That is FP20003.

1206
01:24:23,000 --> 01:24:43,640
 I will invite Haley Zygursky down.

1207
01:24:43,640 --> 01:24:44,640
 Good evening.

1208
01:24:44,640 --> 01:24:50,440
 This request is a final plat of one lot for the Denton County Emergency Operations Center.

1209
01:24:50,440 --> 01:24:54,440
 The property is located at the intersection of Karina and Kimberly Drive.

1210
01:24:54,440 --> 01:24:57,680
 At this time, staff is recommending denial for the reasons that are outlined in your

1211
01:24:57,680 --> 01:24:58,680
 backup.

1212
01:24:58,680 --> 01:25:02,160
 However, the applicant has requested a 30-day extension.

1213
01:25:02,160 --> 01:25:05,140
 Since there's not a meeting that's 30 days out, that would put them back on the March

1214
01:25:05,140 --> 01:25:06,140
 18th agenda.

1215
01:25:06,140 --> 01:25:09,960
 And I'm happy to stand for any questions.

1216
01:25:09,960 --> 01:25:10,980
 I don't see any, Haley.

1217
01:25:10,980 --> 01:25:15,120
 Thank you.

1218
01:25:15,120 --> 01:25:17,880
 Chair will entertain a motion for this item.

1219
01:25:17,880 --> 01:25:18,880
 Commissioner Smith?

1220
01:25:18,880 --> 01:25:22,880
 I make a motion to approve the extension to March 18th, 2020.

1221
01:25:22,880 --> 01:25:23,880
 Commissioner Preneta?

1222
01:25:23,880 --> 01:25:24,880
 I second the motion.

1223
01:25:24,880 --> 01:25:31,320
 I've got a first and a second to approve the postponement to a date certain, Commissioner

1224
01:25:31,320 --> 01:25:32,320
 Smith.

1225
01:25:32,320 --> 01:25:33,320
 Is that correct?

1226
01:25:33,320 --> 01:25:34,320
 March 18th.

1227
01:25:34,320 --> 01:25:35,320
 Any discussion?

1228
01:25:35,320 --> 01:25:36,320
 Okay.

1229
01:25:36,320 --> 01:25:45,320
 Let's vote on the board.

1230
01:25:45,320 --> 01:25:47,440
 Motion carries 5-0.

1231
01:25:47,440 --> 01:25:52,840
 That moves us to item B, FP 2000-004.

1232
01:25:52,840 --> 01:25:54,840
 Bring up Julie Wyatt for that one.

1233
01:25:54,840 --> 01:26:02,320
 The request before you is for a final plot for a residential subdivision of 187 lots

1234
01:26:02,320 --> 01:26:05,840
 for the phase one of the Townsend Green subdivision.

1235
01:26:05,840 --> 01:26:14,680
 They currently don't meet the requirements, as noted in your backup, and so staff is recommending

1236
01:26:14,680 --> 01:26:15,680
 denial.

1237
01:26:15,680 --> 01:26:21,720
 The applicant, however, has requested a 30-day extension to the March 18th planning and zoning

1238
01:26:21,720 --> 01:26:22,720
 commission meeting.

1239
01:26:22,720 --> 01:26:23,720
 Thank you, Julie.

1240
01:26:23,720 --> 01:26:24,720
 Commissioner Smith?

1241
01:26:24,720 --> 01:26:30,400
 I make a motion to approve the extension to March 18th, 2020.

1242
01:26:30,400 --> 01:26:31,400
 Commissioner Cole?

1243
01:26:31,400 --> 01:26:32,400
 Second.

1244
01:26:32,400 --> 01:26:33,400
 Okay.

1245
01:26:33,400 --> 01:26:41,280
 We've got a first and a second to postpone this item to a date certain of 3/18.

1246
01:26:41,280 --> 01:26:43,440
 Any discussion?

1247
01:26:43,440 --> 01:26:45,440
 Seeing none, I'll call for a vote on the board.

1248
01:26:45,440 --> 01:26:46,560
 Motion carries 5-0.

1249
01:26:46,560 --> 01:27:02,040
 That brings us to item C, FP 2000-005, and Sean Jacobson will present this item.

1250
01:27:02,040 --> 01:27:06,280
 Good evening, Chair, members of the commission.

1251
01:27:06,280 --> 01:27:12,920
 Similarly, this is a presentation of a requested final plot, lots one and two of the HSW West

1252
01:27:12,920 --> 01:27:14,960
 Park addition.

1253
01:27:14,960 --> 01:27:19,640
 This has not met all of the criteria for approval as outlined in your backup.

1254
01:27:19,640 --> 01:27:20,640
 Staff is recommending denial.

1255
01:27:20,640 --> 01:27:25,160
 The applicant has requested an extension to March 18th.

1256
01:27:25,160 --> 01:27:27,960
 Thank you, Sean.

1257
01:27:27,960 --> 01:27:31,880
 Chair will entertain a motion on this item.

1258
01:27:31,880 --> 01:27:33,320
 Commissioner Smith?

1259
01:27:33,320 --> 01:27:40,240
 Make a motion to approve the extension to date certain of March 18th, 2020.

1260
01:27:40,240 --> 01:27:41,240
 Commissioner Cole?

1261
01:27:41,240 --> 01:27:42,240
 Second.

1262
01:27:42,240 --> 01:27:46,880
 We've got a first and a second for postponement of this item to a date certain of 3/18.

1263
01:27:46,880 --> 01:27:49,560
 Any discussion?

1264
01:27:49,560 --> 01:27:57,880
 Seeing none, I'll call for a vote on the board.

1265
01:27:57,880 --> 01:28:01,520
 Motion carries 5-0.

1266
01:28:01,520 --> 01:28:06,600
 That moves us into our public hearing section for today's meeting.

1267
01:28:06,600 --> 01:28:17,400
 As stated, and it is posted on the agenda, item A is being postponed to March 18th.

1268
01:28:17,400 --> 01:28:28,000
 That will bring us to item B, Z20-0001A, and Cindy Jackson will present this item.

1269
01:28:28,000 --> 01:28:33,400
 Thank you, Madam Chair, commissioners.

1270
01:28:33,400 --> 01:28:40,120
 Item B, Z20-0001A, is a request to rezone 3.46 acres from residential 2R2 Zoning District

1271
01:28:40,120 --> 01:28:42,960
 to the Misuse Zoning District MN.

1272
01:28:42,960 --> 01:28:49,520
 The property is located on the northeast side of I-35, approximately 196 feet northwest of

1273
01:28:49,520 --> 01:28:51,760
 Thunderbird Drive, which is located here.

1274
01:28:51,760 --> 01:28:57,920
 And I want to point out, just for context, University Drive is located right down here.

1275
01:28:57,920 --> 01:29:03,240
 Here you see a comparison of the current zoning map.

1276
01:29:03,240 --> 01:29:11,340
 The site is surrounded by R7, R3, and R6 to the south and the east and to the north MN.

1277
01:29:11,340 --> 01:29:14,960
 The proposed zoning map, as you can see, if this is approved, will be an extension of

1278
01:29:14,960 --> 01:29:20,520
 the MN Zoning District located to the north.

1279
01:29:20,520 --> 01:29:24,360
 Here's the concept plan that the applicant has provided.

1280
01:29:24,360 --> 01:29:31,080
 It is a result of two neighborhood meetings with the surrounding neighborhood.

1281
01:29:31,080 --> 01:29:37,520
 It reflects their desire to have a parking lot as a buffer between the offices and the

1282
01:29:37,520 --> 01:29:45,760
 residential properties and a crash, excuse me, an emergency access gate at Colonial that

1283
01:29:45,760 --> 01:29:49,680
 will have EMS access only.

1284
01:29:49,680 --> 01:29:53,840
 It shows the text out right of way that will be taken from the site, approximately 50 feet

1285
01:29:53,840 --> 01:29:55,400
 of right of way.

1286
01:29:55,400 --> 01:30:02,420
 The only access to the site would be from the I-35 service road.

1287
01:30:02,420 --> 01:30:09,560
 We have general approval criteria for all applications that I went through in your backup

1288
01:30:09,560 --> 01:30:16,680
 from Section 245E, and we have zoning criteria for approval from Section 272D, and that's

1289
01:30:16,680 --> 01:30:19,760
 what I will focus on.

1290
01:30:19,760 --> 01:30:22,400
 The first criteria is the Denton Plan 2030.

1291
01:30:22,400 --> 01:30:28,400
 The site is designated as low residential, which is intended for residential neighborhoods

1292
01:30:28,400 --> 01:30:32,920
 with a density of between one to four dwelling units per acre.

1293
01:30:32,920 --> 01:30:39,620
 The site does not, the request does not comply with this R2 zoning requirement.

1294
01:30:39,620 --> 01:30:44,240
 If you looked in your backup, you will note that there were two previous requests to rezone

1295
01:30:44,240 --> 01:30:49,180
 this property, one in 1973 and one in 1993 to office.

1296
01:30:49,180 --> 01:30:51,840
 These were both denied at the time.

1297
01:30:51,840 --> 01:30:58,760
 That was appropriate, given the facts of the site.

1298
01:30:58,760 --> 01:31:08,120
 There was an extensive buffer between the I-35 and the residential area, however, with

1299
01:31:08,120 --> 01:31:15,640
 the plans to widen the highway to the full extent of right of way and beyond, the expectation

1300
01:31:15,640 --> 01:31:24,800
 that the site will zone as R2 large lot single family at this point, it is small, it's not

1301
01:31:24,800 --> 01:31:31,160
 an ideal location to have large lot single family neighborhood.

1302
01:31:31,160 --> 01:31:35,640
 For this reason, the MN zoning district would be a good alternative for this site.

1303
01:31:35,640 --> 01:31:44,920
 It will provide a buffer to the surrounding neighborhoods from the I-35 freeway.

1304
01:31:44,920 --> 01:31:53,480
 Criteria two, consistent with relevant small area plans, there are none for this area.

1305
01:31:53,480 --> 01:31:58,680
 Criteria three, consistent with the purpose statement of the proposed zoning district.

1306
01:31:58,680 --> 01:32:07,760
 The proposed rezoning is MN and the MN zoning, as I noted previously, is consistent with

1307
01:32:07,760 --> 01:32:08,760
 the purpose statement.

1308
01:32:08,760 --> 01:32:15,680
 The applicant intends to develop garden offices and neighborhood retail uses such as small

1309
01:32:15,680 --> 01:32:18,540
 restaurants.

1310
01:32:18,540 --> 01:32:24,880
 This will provide a good buffer area between the surrounding single family and the noise

1311
01:32:24,880 --> 01:32:30,960
 of the highway.

1312
01:32:30,960 --> 01:32:35,760
 Criteria four, is there having or will be a significant change to warrant the zoning

1313
01:32:35,760 --> 01:32:36,760
 change?

1314
01:32:36,760 --> 01:32:42,080
 As mentioned previously, here you can see on the schematic for I-35, this is the subject

1315
01:32:42,080 --> 01:32:51,680
 site, and you can see that I-35, when expanded, will actually take approximately 50 feet right

1316
01:32:51,680 --> 01:32:56,480
 away from this, bringing the service road closer to the neighborhood, closer to whatever

1317
01:32:56,480 --> 01:33:02,920
 will develop on this site.

1318
01:33:02,920 --> 01:33:09,240
 When the future land use plan was contemplated for this site, we knew that I-35 would be

1319
01:33:09,240 --> 01:33:13,840
 expanding at some point, but we did not know it would be so soon.

1320
01:33:13,840 --> 01:33:24,680
 And now we do know that it is coming and the proposed low intensity residential is not

1321
01:33:24,680 --> 01:33:27,680
 appropriate.

1322
01:33:27,680 --> 01:33:31,760
 The intensity of new development permitted by the requested zoning district is not expected

1323
01:33:31,760 --> 01:33:36,320
 to create significantly adverse impacts to the surrounding areas.

1324
01:33:36,320 --> 01:33:42,240
 With regards to streets, the applicant's proposal to gate Colonial and limit access to EMS services

1325
01:33:42,240 --> 01:33:47,400
 only will lessen traffic along Colonial.

1326
01:33:47,400 --> 01:33:53,020
 The site will only be accessed on I-35.

1327
01:33:53,020 --> 01:33:56,640
 There would be minimal impacts to the surrounding street network.

1328
01:33:56,640 --> 01:34:01,120
 Water and waste water, public water and waste water, is available from Colonial Drive.

1329
01:34:01,120 --> 01:34:07,040
 There is capacity in the system and there's no need to extend the utilities to the site.

1330
01:34:07,040 --> 01:34:11,040
 With regards to parks, the proposed use of the site is non-residential and as such, park

1331
01:34:11,040 --> 01:34:16,000
 proximity is not a condition of approval.

1332
01:34:16,000 --> 01:34:19,880
 With regards to schools, the subject site is not residential and will not impact the

1333
01:34:19,880 --> 01:34:23,120
 student population.

1334
01:34:23,120 --> 01:34:28,180
 Regards to access to fire stations, the subject property is 1.2 miles from fire station number

1335
01:34:28,180 --> 01:34:35,200
 five on West Windsor Drive within the eight minute or less response time.

1336
01:34:35,200 --> 01:34:41,480
 The applicant in meeting last week met with the neighborhood again and in working with

1337
01:34:41,480 --> 01:34:47,320
 the neighborhood, crafted a set of overlay restrictions which restricts use.

1338
01:34:47,320 --> 01:34:54,360
 I gave you a copy along with the notifications.

1339
01:34:54,360 --> 01:34:58,680
 It was the lot final sheet on the notifications that I gave you.

1340
01:34:58,680 --> 01:35:04,480
 The applicant will go into this proposal more.

1341
01:35:04,480 --> 01:35:09,520
 Notifications were sent out within 200 and 500 feet, a newspaper ad was placed and signs

1342
01:35:09,520 --> 01:35:12,100
 were posted on the site.

1343
01:35:12,100 --> 01:35:16,440
 We received four responses in favor of the request.

1344
01:35:16,440 --> 01:35:25,560
 Three of those responses said their support was conditioned on the approval of the overlay

1345
01:35:25,560 --> 01:35:29,400
 restrictions that were crafted at the meeting last week.

1346
01:35:29,400 --> 01:35:32,640
 And two neighborhood meetings were held.

1347
01:35:32,640 --> 01:35:36,400
 Staff recommends approval of this request as it conforms with the criteria in section

1348
01:35:36,400 --> 01:35:44,360
 2.45E and section 272D of the Denton Development Code for approval of a zoning change.

1349
01:35:44,360 --> 01:35:47,120
 That completes my presentation.

1350
01:35:47,120 --> 01:35:51,640
 And the applicant is present to answer any questions.

1351
01:35:51,640 --> 01:35:53,640
 >> Thank you, Cindy.

1352
01:35:53,640 --> 01:35:57,760
 I will open the public hearing for this item.

1353
01:35:57,760 --> 01:36:02,720
 And Commissioner Beck, Cindy, I believe Commissioner Beck does have a question for you.

1354
01:36:02,720 --> 01:36:03,720
 >> Yes, thank you.

1355
01:36:03,720 --> 01:36:10,440
 Did I understand earlier, maybe I'm mixing up your reports, that they had proposed restaurant

1356
01:36:10,440 --> 01:36:12,440
 in one of the plans?

1357
01:36:12,440 --> 01:36:19,520
 Do I remember that correctly, or is this- >> They are proposing both offices and

1358
01:36:19,520 --> 01:36:23,600
 small scale neighborhood retail and restaurant.

1359
01:36:23,600 --> 01:36:29,320
 And per the overlay district conditions, those commercial and

1360
01:36:29,320 --> 01:36:32,320
 restaurant uses would only be permitted in these two buildings.

1361
01:36:32,320 --> 01:36:36,640
 They're restricted from buildings along the residential area.

1362
01:36:36,640 --> 01:36:42,040
 >> So then, for the conditions that you handed out to us,

1363
01:36:42,040 --> 01:36:48,720
 staff is okay with these conditions, because I noticed a number of them preclude taverns,

1364
01:36:48,720 --> 01:36:52,760
 food courts, food processing, and I wonder- >> Commissioner Beck, why don't we hold off

1365
01:36:52,760 --> 01:36:57,000
 on just a minute since Cindy didn't have those on her presentation, but I do believe the

1366
01:36:57,000 --> 01:36:58,000
 applicant does.

1367
01:36:58,000 --> 01:36:59,000
 >> Okay, sure.

1368
01:36:59,000 --> 01:37:00,280
 >> So why don't we hold back discussion on that?

1369
01:37:00,280 --> 01:37:03,200
 >> I'd be happy to, thank you, Chair.

1370
01:37:03,200 --> 01:37:05,200
 >> Any other questions for Cindy?

1371
01:37:05,200 --> 01:37:08,160
 Okay, thanks, Cindy.

1372
01:37:08,160 --> 01:37:11,960
 Okay, this is a public hearing.

1373
01:37:11,960 --> 01:37:16,360
 I do have cards for people to speak.

1374
01:37:16,360 --> 01:37:20,360
 And the first one will be the applicant, Mr. Lee Allison.

1375
01:37:20,360 --> 01:37:24,960
 >> Good evening, thank you.

1376
01:37:24,960 --> 01:37:25,960
 >> Thanks.

1377
01:37:25,960 --> 01:37:31,040
 >> Let me figure out how to get out of this without closing Julie's program in open arms.

1378
01:37:31,040 --> 01:37:33,240
 There we go.

1379
01:37:33,240 --> 01:37:39,400
 I'm in the upper right hand corner.

1380
01:37:39,400 --> 01:37:47,520
 Super, thank you.

1381
01:37:47,520 --> 01:37:50,760
 Technologically passed me 20 years ago, so I'm still trying to catch up.

1382
01:37:50,760 --> 01:37:54,680
 I'm Lee Allison with Allison Engineering Group, here to represent the applicant.

1383
01:37:54,680 --> 01:38:00,720
 We have two members of the applicant's three member team with us this evening, as well

1384
01:38:00,720 --> 01:38:05,600
 as Greg Johnson, who's with the property owner.

1385
01:38:05,600 --> 01:38:11,400
 This is known as Corsi 2001, we're naming it the Placid Thunderbird.

1386
01:38:11,400 --> 01:38:16,440
 We're asking for a rezone from R2 to MN, and we have some proposed limitations.

1387
01:38:16,440 --> 01:38:24,560
 As I believe Ms. Kirchhoff presented earlier, that even though the overlay conditions in

1388
01:38:24,560 --> 01:38:29,320
 the code have gone away, there's case law that allows for some conditions to be applied

1389
01:38:29,320 --> 01:38:33,400
 with this, and we've worked those with the neighbors.

1390
01:38:33,400 --> 01:38:36,640
 It does not, R2 doesn't allow for office or retail.

1391
01:38:36,640 --> 01:38:39,340
 That's primarily what our client wants to do.

1392
01:38:39,340 --> 01:38:41,780
 They are medical doctors.

1393
01:38:41,780 --> 01:38:46,560
 They plan on building their own office there, and probably offices for other medical doctors.

1394
01:38:46,560 --> 01:38:51,700
 To be able to accomplish that, we needed to go to an MN mixed use, which allows this and

1395
01:38:51,700 --> 01:38:55,940
 also allows some general retail and other items.

1396
01:38:55,940 --> 01:38:57,520
 We had two neighborhood meetings.

1397
01:38:57,520 --> 01:39:01,200
 The first one was December 19th of 2019.

1398
01:39:01,200 --> 01:39:04,080
 This was before we even made an application.

1399
01:39:04,080 --> 01:39:05,760
 We had prepared a concept plan.

1400
01:39:05,760 --> 01:39:09,760
 We met with the neighbors, primarily to get feedback from them to see what their interests

1401
01:39:09,760 --> 01:39:11,760
 and concerns may be.

1402
01:39:11,760 --> 01:39:14,760
 I'm not sure that's the best time of year to have a neighborhood meeting.

1403
01:39:14,760 --> 01:39:18,200
 I'm afraid some of our announcements might have gone all the way to the North Pole and

1404
01:39:18,200 --> 01:39:22,920
 not to some of the neighbors, but we did mail them out to 500 feet.

1405
01:39:22,920 --> 01:39:26,960
 We indicated in that meeting that we would be making an application, and we'd have another

1406
01:39:26,960 --> 01:39:31,520
 neighborhood meeting to go over our application and what we were presenting and discuss it

1407
01:39:31,520 --> 01:39:33,120
 further with them.

1408
01:39:33,120 --> 01:39:38,340
 We did that on February 27th, which was just last week.

1409
01:39:38,340 --> 01:39:40,400
 One of the concerns that came up was drainage.

1410
01:39:40,400 --> 01:39:46,120
 I know this is small and difficult to see, but there's a, if you can follow my arrow,

1411
01:39:46,120 --> 01:39:49,960
 there's a property owner here that they also own this vacant lot.

1412
01:39:49,960 --> 01:39:54,560
 When this area was developed, it was graded in such a way that this just dumps straight

1413
01:39:54,560 --> 01:40:00,560
 onto them, goes across the vacant lot and into their backyard and onto the next neighbor

1414
01:40:00,560 --> 01:40:03,160
 and possibly helps keep their pool full.

1415
01:40:03,160 --> 01:40:06,800
 I'm not for sure, but it's a real issue.

1416
01:40:06,800 --> 01:40:11,800
 We pointed out that we are not a contributor to that drainage problem.

1417
01:40:11,800 --> 01:40:16,440
 For the city codes through the reviews, we will not contribute to it or add to it in

1418
01:40:16,440 --> 01:40:21,120
 any way, but we would bring it to the city's attention, and we're doing that this evening.

1419
01:40:21,120 --> 01:40:28,640
 We did look at the area and interestingly found, and we have a suggested option to fix

1420
01:40:28,640 --> 01:40:34,940
 this for consideration, not for P&Z tonight, but we say we'd bring it to everybody's attention.

1421
01:40:34,940 --> 01:40:40,200
 There's actually two sidewalk easements indicated by the city website, one along here and one

1422
01:40:40,200 --> 01:40:44,000
 along this backside, and of course no sidewalks.

1423
01:40:44,000 --> 01:40:47,920
 We looked at the drainage systems and thought that they could put a sidewalk with a curb

1424
01:40:47,920 --> 01:40:52,040
 or a flume here, capture this flow, take it out to the street, and stop it from going

1425
01:40:52,040 --> 01:40:53,600
 this direction.

1426
01:40:53,600 --> 01:40:55,480
 We have not looked at it in detail.

1427
01:40:55,480 --> 01:41:00,080
 We're not recommending this as a solution, but we think there is a way to accomplish

1428
01:41:00,080 --> 01:41:02,440
 this, bring it to the city's attention.

1429
01:41:02,440 --> 01:41:06,560
 I believe the property owner may be here tonight and speak to how much frustration they've

1430
01:41:06,560 --> 01:41:08,280
 had trying to get it solved.

1431
01:41:08,280 --> 01:41:13,400
 At the first meeting, this is the concept plan we had.

1432
01:41:13,400 --> 01:41:16,800
 The only reason this concept plan was prepared was twofold.

1433
01:41:16,800 --> 01:41:21,000
 One is for us to do due diligence to see if something could be accomplished like the client

1434
01:41:21,000 --> 01:41:26,320
 desires and also to help us communicate to the neighbors at the neighborhood meeting

1435
01:41:26,320 --> 01:41:30,280
 because when you see something like this, it's easier to say, "This is what we do and

1436
01:41:30,280 --> 01:41:32,720
 don't like or don't want."

1437
01:41:32,720 --> 01:41:35,360
 At the second neighborhood meeting, we came back with this.

1438
01:41:35,360 --> 01:41:38,720
 We think it better depicts what's being taken by TxDOT.

1439
01:41:38,720 --> 01:41:42,640
 I know the buildings are close to the front, but according to the zoning ordinance, our

1440
01:41:42,640 --> 01:41:49,840
 understanding is you only require a 10-foot front yard.

1441
01:41:49,840 --> 01:41:50,840
 We laid buildings out.

1442
01:41:50,840 --> 01:41:54,600
 The buildings got a little smaller along the front because when we did a parking check,

1443
01:41:54,600 --> 01:41:57,680
 we really couldn't fit as big of buildings as we'd first imagined.

1444
01:41:57,680 --> 01:42:03,300
 This is closer to what can be done, but it's really not intended to be an attachment or

1445
01:42:03,300 --> 01:42:04,920
 a part of an ordinance.

1446
01:42:04,920 --> 01:42:09,360
 It was to help us to find those kind of limitations that we may want to put on this place.

1447
01:42:09,360 --> 01:42:14,360
 As you can imagine today, these doctors know they want to build one office and they kind

1448
01:42:14,360 --> 01:42:18,280
 of know what kind of a surrounding they want, but there's no way they can go to the high

1449
01:42:18,280 --> 01:42:21,400
 level of detail that a PD requires.

1450
01:42:21,400 --> 01:42:25,560
 The thing to do for them, they thought, was to add some restrictions to this after visiting

1451
01:42:25,560 --> 01:42:27,640
 with the neighbors.

1452
01:42:27,640 --> 01:42:33,620
 One thing about this is because of the noise issues, we feel like these buildings along

1453
01:42:33,620 --> 01:42:38,960
 the front and even the offices in the back will help provide some noise buffer against

1454
01:42:38,960 --> 01:42:44,040
 the highway that's there today and that's being expanded and widened.

1455
01:42:44,040 --> 01:42:48,360
 Our understanding is neighbors have been told that TxDOT is not going to build a sound wall

1456
01:42:48,360 --> 01:42:55,080
 along here, but they're not through with design yet, and I don't think that chapter is closed.

1457
01:42:55,080 --> 01:43:00,680
 The limitations we're proposing, the general ones, is that the uses adjacent to the eastern

1458
01:43:00,680 --> 01:43:06,800
 and southern boundary shall be restricted to medical offices, medical clinics, professional

1459
01:43:06,800 --> 01:43:09,280
 offices, and residential.

1460
01:43:09,280 --> 01:43:11,840
 All is allowed within MN.

1461
01:43:11,840 --> 01:43:16,960
 The parking on the east side shall be between the offices and the east boundary to buffer

1462
01:43:16,960 --> 01:43:19,680
 the existing residential to the east.

1463
01:43:19,680 --> 01:43:24,040
 We specifically talked about that in the first and second meetings because we said, would

1464
01:43:24,040 --> 01:43:28,400
 you rather have the buildings back up against your fences or would you rather have the parking

1465
01:43:28,400 --> 01:43:29,640
 there?

1466
01:43:29,640 --> 01:43:33,340
 And we were told, keep the parking where it is.

1467
01:43:33,340 --> 01:43:38,400
 The medical offices, medical clinics, residents, and professional offices along the east and

1468
01:43:38,400 --> 01:43:40,480
 south side shall be limited to one story.

1469
01:43:40,480 --> 01:43:45,800
 They didn't even want a two-story house looking back down into their backyard, so this complied

1470
01:43:45,800 --> 01:43:46,800
 with that.

1471
01:43:46,800 --> 01:43:53,320
 We talked about having those on the front be limited to one story, but really, by the

1472
01:43:53,320 --> 01:43:58,980
 timeline of sight, when you look over the top of the one story adjacent to your site,

1473
01:43:58,980 --> 01:44:02,280
 you're not going to see the second story on the building next door, so we didn't put that

1474
01:44:02,280 --> 01:44:03,280
 limit.

1475
01:44:03,280 --> 01:44:08,760
 I'm not sure what will go there, but just by the nature of the site, we don't see anything

1476
01:44:08,760 --> 01:44:10,760
 tall there.

1477
01:44:10,760 --> 01:44:14,960
 Access from Colonial Drive shall be restricted to emergency access only.

1478
01:44:14,960 --> 01:44:18,200
 I will say this is a qualified statement.

1479
01:44:18,200 --> 01:44:22,560
 Our client, our applicant, we're more than willing to have that restricted for emergency

1480
01:44:22,560 --> 01:44:28,000
 only, but we have not verified with the emergency services or the traffic engineer that this

1481
01:44:28,000 --> 01:44:30,000
 can absolutely be done.

1482
01:44:30,000 --> 01:44:34,680
 We just said we would put it in there, and we're willing to live by that if the city

1483
01:44:34,680 --> 01:44:37,200
 can say that that can be limited.

1484
01:44:37,200 --> 01:44:43,680
 We also put some limitations on the uses, specifically no multi-family dwellings, no

1485
01:44:43,680 --> 01:44:50,280
 chapter house would be like a sorority or fraternity house, no community homes, no dormitories,

1486
01:44:50,280 --> 01:44:53,680
 no homeless shelters, no bar, tavern, or lounge.

1487
01:44:53,680 --> 01:44:57,600
 Now, that doesn't mean a restaurant couldn't have a bar in it, but it couldn't be specifically

1488
01:44:57,600 --> 01:45:00,800
 for a bar as defined in the Denton Development Code.

1489
01:45:00,800 --> 01:45:06,080
 No mobile food courts, no hotels, I mean, technically this site might be big enough

1490
01:45:06,080 --> 01:45:09,040
 for a hotel if they came in and took the whole thing.

1491
01:45:09,040 --> 01:45:13,760
 No automotive fuel sales, so you're not going to get a convenience store with gas pumps

1492
01:45:13,760 --> 01:45:14,760
 out front.

1493
01:45:14,760 --> 01:45:20,040
 No food processing, primarily we don't want a rendering plant there, but it doesn't mean

1494
01:45:20,040 --> 01:45:23,840
 you can't have a bakery, that's not food processing.

1495
01:45:23,840 --> 01:45:29,240
 And I'm here for questions, I appreciate your time and your professionalism and integrity.

1496
01:45:29,240 --> 01:45:34,480
 I hope I covered some of the things Cindy didn't maybe, and I'd be glad to respond to

1497
01:45:34,480 --> 01:45:38,120
 any questions you have now or later after the public hearing, I'm not sure of the appropriate

1498
01:45:38,120 --> 01:45:39,120
 time.

1499
01:45:39,120 --> 01:45:40,120
 Thank you, Mr. Allison.

1500
01:45:40,120 --> 01:45:41,120
 I actually do have a question.

1501
01:45:41,120 --> 01:45:42,120
 You have a question?

1502
01:45:42,120 --> 01:45:43,120
 Yes.

1503
01:45:43,120 --> 01:45:44,120
 Commissioner Smith.

1504
01:45:44,120 --> 01:45:45,120
 Thank you, Chair.

1505
01:45:45,120 --> 01:45:52,200
 Cindy, can I actually ask a question for you in regards to Mr. Allison's presentation?

1506
01:45:52,200 --> 01:45:57,800
 Two things, first one, in this zoning, what buffering would we have between the residential,

1507
01:45:57,800 --> 01:46:02,520
 what buffering is required by the zoning between the residential and the commercial uses?

1508
01:46:02,520 --> 01:46:06,080
 I can look that up for you, I don't have it off the top of my head, I just need to get

1509
01:46:06,080 --> 01:46:07,080
 rid of my clothes.

1510
01:46:07,080 --> 01:46:10,680
 Okay, I'm going to ask this other question, are liquor stores allowed in the MN?

1511
01:46:10,680 --> 01:46:11,680
 Pardon me?

1512
01:46:11,680 --> 01:46:14,360
 Are liquor stores allowed in the mixed use area?

1513
01:46:14,360 --> 01:46:19,840
 Liquor stores are classified as retail, so what they have to do is they have to require

1514
01:46:19,840 --> 01:46:24,160
 with the TABC rules for distances from various uses.

1515
01:46:24,160 --> 01:46:29,600
 Various uses being schools, churches, those kinds of things, which none are in that area,

1516
01:46:29,600 --> 01:46:30,600
 not close enough.

1517
01:46:30,600 --> 01:46:33,120
 So yes, technically a liquor store could be included within this.

1518
01:46:33,120 --> 01:46:36,720
 As long as there's no church there that I am not aware of.

1519
01:46:36,720 --> 01:46:37,720
 Understood.

1520
01:46:37,720 --> 01:46:38,720
 Okay, all right, thank you, appreciate it.

1521
01:46:38,720 --> 01:46:43,880
 And I did want to point out that I did verify with the fire department about the gated access

1522
01:46:43,880 --> 01:46:48,160
 and they are good with the gated access as long as the gated is a certain width.

1523
01:46:48,160 --> 01:46:49,160
 Good, good.

1524
01:46:49,160 --> 01:46:56,480
 All right, Mr. Allison, can I speak to you and maybe you can speak on behalf of the applicant?

1525
01:46:56,480 --> 01:47:00,240
 Would you care if we added liquor stores as being a limitation on that or Cindy, you maybe

1526
01:47:00,240 --> 01:47:04,040
 may have to come back down and speak to it, but since it's a retail use, taking liquor

1527
01:47:04,040 --> 01:47:06,280
 stores out of there as well?

1528
01:47:06,280 --> 01:47:09,840
 Just falling into the same idea of bar, taverns, lounges, those kinds of ideas?

1529
01:47:09,840 --> 01:47:10,840
 That would be okay.

1530
01:47:10,840 --> 01:47:11,840
 Okay, thank you.

1531
01:47:11,840 --> 01:47:12,840
 Good feedback I'm getting.

1532
01:47:12,840 --> 01:47:18,120
 Also, I understand that Greg Johnson was listed on our applicant list, so he needs to speak

1533
01:47:18,120 --> 01:47:20,880
 as part of the applicant, not as a lady.

1534
01:47:20,880 --> 01:47:21,880
 Fine, I guess.

1535
01:47:21,880 --> 01:47:22,880
 I'm sorry.

1536
01:47:22,880 --> 01:47:23,880
 Okay.

1537
01:47:23,880 --> 01:47:26,600
 Greg Johnson, 319 West Oak Street.

1538
01:47:26,600 --> 01:47:30,480
 I just thought I would give you a little bit of color of the site outside of the engineering

1539
01:47:30,480 --> 01:47:31,480
 piece.

1540
01:47:31,480 --> 01:47:35,640
 So, I represent the Porter family, the Porter family owns the land, we've had that land

1541
01:47:35,640 --> 01:47:42,840
 for sale for about six years, we've had seven hotel offers, we've had a variety of uses

1542
01:47:42,840 --> 01:47:47,600
 that were interested, as many of you know, the Porter family, very benevolent, very involved

1543
01:47:47,600 --> 01:47:52,680
 family in the community, and they weren't even willing to go down the path of trying

1544
01:47:52,680 --> 01:47:55,960
 to get an approval for a hotel, because they didn't think that would be a good use that

1545
01:47:55,960 --> 01:47:58,400
 close to the neighborhood.

1546
01:47:58,400 --> 01:48:05,520
 When the doctors contacted our firm, they actually contacted us about a different site

1547
01:48:05,520 --> 01:48:08,320
 that we weren't able to meet their needs with.

1548
01:48:08,320 --> 01:48:16,920
 So maybe to clarify a little bit of what Ms. Jackson said, there is no plan to do retail

1549
01:48:16,920 --> 01:48:17,920
 or restaurant.

1550
01:48:17,920 --> 01:48:21,760
 Essentially, they're buying three and a half acres, they're going to go build their own

1551
01:48:21,760 --> 01:48:26,800
 building first, and probably one other building for another medical office tenant, not knowing

1552
01:48:26,800 --> 01:48:29,120
 what they'll do with the rest of the land down the road.

1553
01:48:29,120 --> 01:48:35,400
 So the idea would be as additional users come, they would try to figure out how to develop

1554
01:48:35,400 --> 01:48:36,400
 it out.

1555
01:48:36,400 --> 01:48:41,560
 So this will most likely be an office development, it's mid-block on a one-way access road,

1556
01:48:41,560 --> 01:48:47,400
 drivers don't go there, restaurants don't go there, I mean Cracker Barrel is like the

1557
01:48:47,400 --> 01:48:50,920
 one restaurant in the world that will go on a one-way access road.

1558
01:48:50,920 --> 01:48:55,640
 And my advice to them was, since you don't know what's ever going to happen with the

1559
01:48:55,640 --> 01:49:01,520
 front up there, they were very fine with agreeing to one-story office-only uses abutting the

1560
01:49:01,520 --> 01:49:03,760
 residential homes.

1561
01:49:03,760 --> 01:49:08,240
 If you look at that site after the TxDOT right-of-way taking, there's actually not much room to build

1562
01:49:08,240 --> 01:49:14,760
 anything up there, so I would be surprised if retail or restaurant would ever go, but

1563
01:49:14,760 --> 01:49:21,760
 if it did, you'd have to park it, so it presents a real challenge of being able to fit.

1564
01:49:21,760 --> 01:49:25,720
 I asked them, or somebody asked at the neighborhood meeting, "Well, why don't you just restrict

1565
01:49:25,720 --> 01:49:27,080
 the whole site to office?"

1566
01:49:27,080 --> 01:49:32,000
 Well, there's a lot of sites in the city that 10 years ago, 15 years ago, we would've said

1567
01:49:32,000 --> 01:49:36,920
 nothing will ever go there but a single-family home, and as our city has grown, well it does

1568
01:49:36,920 --> 01:49:40,120
 front I-35 with 120,000 cars a day.

1569
01:49:40,120 --> 01:49:45,160
 So there's not many up there that far north yet, but they're coming.

1570
01:49:45,160 --> 01:49:53,640
 So I would just say my advice to them was, you're going single-story medical office and

1571
01:49:53,640 --> 01:49:57,560
 office-only adjacent to residential, leaves you a small piece up in the front that could

1572
01:49:57,560 --> 01:50:07,000
 be, who knows, some sort of a residential, what I call residential services, right, veterinarian,

1573
01:50:07,000 --> 01:50:09,560
 Edward Jones person, whatever, sorry.

1574
01:50:09,560 --> 01:50:15,400
 So I just wanted to offer a little bit of color on that, that they're not intending

1575
01:50:15,400 --> 01:50:18,080
 to do retail or restaurant.

1576
01:50:18,080 --> 01:50:22,560
 I don't see it ever happening there, but there could be a small cafe or something that will

1577
01:50:22,560 --> 01:50:25,440
 go on that northern side at some point down the road.

1578
01:50:25,440 --> 01:50:29,440
 So not knowing what would ever happen, they didn't want to limit themselves to office

1579
01:50:29,440 --> 01:50:30,440
 only.

1580
01:50:30,440 --> 01:50:33,440
 Any questions?

1581
01:50:33,440 --> 01:50:35,800
 Yes, Mr. Johnson.

1582
01:50:35,800 --> 01:50:36,800
 Commissioner Beck.

1583
01:50:36,800 --> 01:50:37,800
 Thank you, Chair.

1584
01:50:37,800 --> 01:50:39,640
 So this is probably more of a city.

1585
01:50:39,640 --> 01:50:46,880
 There's nothing about the overlay conditions that the applicant gave us that would preclude

1586
01:50:46,880 --> 01:50:53,720
 the development of light eateries in those first two, in that first line right off the

1587
01:50:53,720 --> 01:50:54,720
 highway.

1588
01:50:54,720 --> 01:50:56,120
 Is there something?

1589
01:50:56,120 --> 01:50:59,800
 There's nothing in the conditions that would preclude that.

1590
01:50:59,800 --> 01:51:00,800
 That would be okay.

1591
01:51:00,800 --> 01:51:01,800
 I'm sorry.

1592
01:51:01,800 --> 01:51:03,760
 I didn't hear the first part.

1593
01:51:03,760 --> 01:51:10,560
 So the parts of the property adjacent to where the highway is, there's nothing in these conditions

1594
01:51:10,560 --> 01:51:17,320
 that would preclude the eatery or light retail or any of the things that he just discussed.

1595
01:51:17,320 --> 01:51:22,280
 I was just concerned, like the applicant mentioned earlier, bar tavern preclude wouldn't preclude

1596
01:51:22,280 --> 01:51:23,280
 a restaurant.

1597
01:51:23,280 --> 01:51:25,160
 No, wouldn't preclude a restaurant.

1598
01:51:25,160 --> 01:51:26,160
 That was my only question.

1599
01:51:26,160 --> 01:51:27,160
 Thank you, Cindy.

1600
01:51:27,160 --> 01:51:28,160
 Sure.

1601
01:51:28,160 --> 01:51:32,120
 And just real quick, in response to your question about the buffers, there's a minimum 15-foot

1602
01:51:32,120 --> 01:51:35,240
 buffer required between commercial and single family.

1603
01:51:35,240 --> 01:51:38,800
 But no actual structure, no shrubbery?

1604
01:51:38,800 --> 01:51:42,040
 Well, again, we've got the point system.

1605
01:51:42,040 --> 01:51:47,200
 And so they have a list of things they can go through to get a total of the required

1606
01:51:47,200 --> 01:51:49,200
 points for the buffer.

1607
01:51:49,200 --> 01:52:00,240
 Mr. Alison, can I ask you a question?

1608
01:52:00,240 --> 01:52:05,200
 Just in your experience in engineering, you've presented up in front of this commission that

1609
01:52:05,200 --> 01:52:08,440
 it seems like most of the developments you bring, you recommend as an engineer some sort

1610
01:52:08,440 --> 01:52:11,280
 of buffer when there is commercial budding residential.

1611
01:52:11,280 --> 01:52:15,320
 I know that's not binding, and even the plan you gave us is conceptual because it's a zoning

1612
01:52:15,320 --> 01:52:20,200
 issue, but would you see that possibly there would be some sort of actual physical buffering,

1613
01:52:20,200 --> 01:52:25,720
 whether it's shrubbery or it's masonry, whatever it is, between the parking lot and the residential,

1614
01:52:25,720 --> 01:52:29,040
 or is the parking lot just going to butt up against their wooden fences?

1615
01:52:29,040 --> 01:52:30,040
 A couple of things.

1616
01:52:30,040 --> 01:52:35,080
 According to the code, as Cindy mentioned, there will be a buffer along here and one

1617
01:52:35,080 --> 01:52:36,080
 here.

1618
01:52:36,080 --> 01:52:42,160
 I believe the minimum width is 10 feet, but there's a number of shrubs, et cetera, and

1619
01:52:42,160 --> 01:52:44,360
 trees that have to go in there.

1620
01:52:44,360 --> 01:52:48,760
 One of the issues with this one is a power line along here, so there are a list of trees

1621
01:52:48,760 --> 01:52:52,360
 that can go adjacent to a power line, but not the real tall ones.

1622
01:52:52,360 --> 01:52:58,320
 We'd mentioned to one of the neighbors about fences, but they said they don't have a fence,

1623
01:52:58,320 --> 01:53:02,400
 and we certainly would put a fence in that area, which gives us so many points towards

1624
01:53:02,400 --> 01:53:05,560
 our buffering, so it works to our advantage.

1625
01:53:05,560 --> 01:53:10,640
 I do want to mention that, as Mr. Beck had asked about restaurants, about the only two

1626
01:53:10,640 --> 01:53:16,360
 buildings that could be restaurant, retail, commercial, or at least is this area here.

1627
01:53:16,360 --> 01:53:22,440
 Because of the limitations, all of these buildings on the east and south adjacent to these residential

1628
01:53:22,440 --> 01:53:32,520
 homes are limited to the office-type uses, and even then, a medical office is going to

1629
01:53:32,520 --> 01:53:38,240
 have to have a buffer, just like a restaurant, or not a liquor store.

1630
01:53:38,240 --> 01:53:43,480
 Apparently, we're getting rid of that, but any other thing, I hope I didn't prolong the

1631
01:53:43,480 --> 01:53:45,360
 answer here, but anything else?

1632
01:53:45,360 --> 01:53:51,480
 Mr. Ellison, can you put the slide for the limitations, the proposed limitations, up

1633
01:53:51,480 --> 01:53:52,480
 there, please?

1634
01:53:52,480 --> 01:54:01,040
 These are the general, and these are the identified uses that are prohibited.

1635
01:54:01,040 --> 01:54:03,840
 Everything else in MN is still allowed there.

1636
01:54:03,840 --> 01:54:04,840
 Okay.

1637
01:54:04,840 --> 01:54:05,840
 Thank you.

1638
01:54:05,840 --> 01:54:09,880
 I don't see any other questions at this time.

1639
01:54:09,880 --> 01:54:10,880
 Okay.

1640
01:54:10,880 --> 01:54:11,880
 Thank you.

1641
01:54:11,880 --> 01:54:14,920
 I do have some other cards.

1642
01:54:14,920 --> 01:54:15,920
 People wishing to speak.

1643
01:54:15,920 --> 01:54:24,400
 I have Craig Williams will be speaking in support.

1644
01:54:24,400 --> 01:54:30,480
 Good evening.

1645
01:54:30,480 --> 01:54:37,960
 You'll state your name and address, and your time will begin.

1646
01:54:37,960 --> 01:54:40,680
 It's Craig Williams, 2119 Glen Garden Street.

1647
01:54:40,680 --> 01:54:41,680
 Thank you.

1648
01:54:41,680 --> 01:54:42,680
 I am in support of this.

1649
01:54:42,680 --> 01:54:43,680
 If you'll move closer to the mic, please.

1650
01:54:43,680 --> 01:54:44,680
 Thank you.

1651
01:54:44,680 --> 01:54:51,960
 I am in support of this, provided that these limitations are met and agreed upon.

1652
01:54:51,960 --> 01:54:56,000
 I did want to bring up, I was going to bring up the drainage again.

1653
01:54:56,000 --> 01:55:02,640
 I'm the house with the pool that doesn't get filled, which it did, in a way, and saved

1654
01:55:02,640 --> 01:55:05,280
 me on the water bill.

1655
01:55:05,280 --> 01:55:10,600
 Ever since the development north of us had gone in, and in fact, I came down and spoke

1656
01:55:10,600 --> 01:55:22,520
 to this meeting in 2008 when the land adjacent to that was made in an MN, what is now MN,

1657
01:55:22,520 --> 01:55:29,160
 proposed, or had, I guess, objections and wanted to bring up the drainage on that.

1658
01:55:29,160 --> 01:55:35,880
 We should probably put in a very small berm, like very small, that lasted a few years,

1659
01:55:35,880 --> 01:55:38,000
 and that is since gone.

1660
01:55:38,000 --> 01:55:43,320
 The easement that was spoken about earlier was where that berm was.

1661
01:55:43,320 --> 01:55:47,960
 That berm is gone, so now whenever it rains, you know how around here it's feast or famine,

1662
01:55:47,960 --> 01:55:53,720
 so when we have some pretty good rains and it tends to flow into the Scots, which is

1663
01:55:53,720 --> 01:55:58,680
 the neighbors of the ones directly north of me, flows through their backyard, under their

1664
01:55:58,680 --> 01:56:07,040
 fence, into my backyard, and then I think it goes down my driveway back to the street.

1665
01:56:07,040 --> 01:56:11,680
 What I took from the meeting was that the developers, you know, they're not, you know,

1666
01:56:11,680 --> 01:56:16,040
 they can't be wrong, they're not responsible for the drainage, so I understand that, but

1667
01:56:16,040 --> 01:56:23,840
 I wanted to bring this up to your attention again that we've been having this issue since

1668
01:56:23,840 --> 01:56:30,880
 2008, roughly, and I've, you know, in that meantime I have spent a couple thousand dollars

1669
01:56:30,880 --> 01:56:36,560
 to raise my patio, I've spent a couple thousand dollars to put a French drain into my backyard

1670
01:56:36,560 --> 01:56:43,040
 so that I could drain the excess water out into the street, but they're still pooling

1671
01:56:43,040 --> 01:56:48,320
 and washing and it's, you know, it washes around my pool, it washes it out, and I've

1672
01:56:48,320 --> 01:56:54,760
 had to, you know, I've had to, some expenditure to put dirt back under there and pack it in,

1673
01:56:54,760 --> 01:56:58,240
 so that's really what I wanted to bring forward today.

1674
01:56:58,240 --> 01:57:01,720
 You know, I appreciate the developer, they've been very nice and accommodating as much as

1675
01:57:01,720 --> 01:57:02,720
 they can.

1676
01:57:02,720 --> 01:57:06,600
 I understand I would wish that nothing would ever go on this land, but that's a pipe dream.

1677
01:57:06,600 --> 01:57:13,000
 I've lived in this house since 2002, and to think that I would have gone until 2020 before

1678
01:57:13,000 --> 01:57:19,120
 something was developed back there, I wouldn't have taken that bet.

1679
01:57:19,120 --> 01:57:24,480
 I have some pictures to show, if you want to look at them, but if you understand the,

1680
01:57:24,480 --> 01:57:28,320
 you know, what we're trying to talk about with the drainage.

1681
01:57:28,320 --> 01:57:32,480
 I think in the meeting back in 2008, they, I don't know if it was this or the city council

1682
01:57:32,480 --> 01:57:36,040
 meeting, I can't remember, but they had engineers, you know, we had the city engineers out and

1683
01:57:36,040 --> 01:57:40,400
 they said, "Oh no, it drains to the road," and maybe the, you know, the topographical

1684
01:57:40,400 --> 01:57:43,240
 maps show that, but it does not.

1685
01:57:43,240 --> 01:57:47,680
 You know, so I, you know, if you ever need to see that picture's evidence of the fact

1686
01:57:47,680 --> 01:57:51,960
 that it does not drain, you know, maybe some of it does, but a lot of it goes into our

1687
01:57:51,960 --> 01:57:52,960
 backyards.

1688
01:57:52,960 --> 01:57:58,840
 But if anything can be done on that, because once this is developed, it's done, you know,

1689
01:57:58,840 --> 01:58:02,000
 and if there's something that can be done before that, that would be appreciated.

1690
01:58:02,000 --> 01:58:05,600
 All right, that's all I have.

1691
01:58:05,600 --> 01:58:06,600
 Thank you for sharing your thoughts.

1692
01:58:06,600 --> 01:58:08,680
 We do have a question for you.

1693
01:58:08,680 --> 01:58:09,680
 Commissioner Beck.

1694
01:58:09,680 --> 01:58:15,120
 This is in relationship, thank you, Chair, to what the speaker was just saying.

1695
01:58:15,120 --> 01:58:21,080
 If this is not the appropriate venue for this developer to address the drainage issue, maybe

1696
01:58:21,080 --> 01:58:31,400
 Richard could suggest the appropriate venue that the speaker could use to direct his concerns

1697
01:58:31,400 --> 01:58:36,920
 about drainage?

1698
01:58:36,920 --> 01:58:42,240
 I think offline we'll have staff get in contact with you, and we'll look at that.

1699
01:58:42,240 --> 01:58:46,360
 Of course, we'll look at it when this, if it is approved, then we'll come in for platting.

1700
01:58:46,360 --> 01:58:50,280
 But I think in the meantime, what we can do is just find out what's going on and get you

1701
01:58:50,280 --> 01:58:52,400
 an answer.

1702
01:58:52,400 --> 01:58:55,400
 Thank you, Richard.

1703
01:58:55,400 --> 01:59:00,120
 Thank you.

1704
01:59:00,120 --> 01:59:06,880
 I do have another card wishing to speak, Rose Scott, and is undecided, according to the

1705
01:59:06,880 --> 01:59:07,880
 author of this card.

1706
01:59:07,880 --> 01:59:10,560
 If you'll state your name and address, your time will begin.

1707
01:59:10,560 --> 01:59:21,400
 Rose Scott, 2123 Glen Garden, and I have lived in that house since 1981.

1708
01:59:21,400 --> 01:59:30,240
 We never had water problems until the development in 2008.

1709
01:59:30,240 --> 01:59:41,040
 We have had many email exchanges and conversations with Denton City engineers, and nothing has

1710
01:59:41,040 --> 01:59:42,040
 been done.

1711
01:59:42,040 --> 01:59:43,040
 Well, that's not true.

1712
01:59:43,040 --> 01:59:48,960
 They put in a little thing about 12 inches tall called environmental netting that was

1713
01:59:48,960 --> 01:59:54,760
 up there, and they dug a little trench about as deep as this pencil, and within a very

1714
01:59:54,760 --> 02:00:01,480
 short amount of time, that little ditch was filled, the environmental netting stayed there

1715
02:00:01,480 --> 02:00:09,840
 until it rotted, and in the meantime, water was running down that property and into our,

1716
02:00:09,840 --> 02:00:12,360
 running down the vacant lot, which is ours.

1717
02:00:12,360 --> 02:00:15,640
 It's a maintained lot, but there's no structure on it.

1718
02:00:15,640 --> 02:00:20,600
 We have folders of information and discussions with city managers.

1719
02:00:20,600 --> 02:00:22,600
 We've been through several.

1720
02:00:22,600 --> 02:00:29,400
 We're still there, they're gone, and in the meantime, this last week, we were sweeping

1721
02:00:29,400 --> 02:00:31,400
 water out of our garage.

1722
02:00:31,400 --> 02:00:37,600
 Now, my brother came, has an engineering firm in Dallas, came with another engineer that

1723
02:00:37,600 --> 02:00:40,280
 he calls his dirt doctor.

1724
02:00:40,280 --> 02:00:46,280
 I'm not sure what his engineering degree is, but he's a dirt doctor according to them,

1725
02:00:46,280 --> 02:00:55,000
 and when he saw what the city had done to correct this, he laughed and said, "Is this

1726
02:00:55,000 --> 02:00:56,000
 a joke?"

1727
02:00:56,000 --> 02:01:00,240
 I said, "Well, it evidently was cheap.

1728
02:01:00,240 --> 02:01:03,600
 It's ineffectual, but it didn't cost the city much money."

1729
02:01:03,600 --> 02:01:09,520
 In fact, thank you, Mr. Allison, for having spoken to this drainage issue because that's

1730
02:01:09,520 --> 02:01:18,260
 the most conversation about it I've ever heard, and he's not even a city employee.

1731
02:01:18,260 --> 02:01:25,680
 With the overlay, as we have discussed, I would think that this is probably as wise

1732
02:01:25,680 --> 02:01:30,920
 a usage as we're going to get from this property behind us.

1733
02:01:30,920 --> 02:01:39,800
 Our four concerns were initially that drainage, light pollution, noise pollution, and privacy

1734
02:01:39,800 --> 02:01:47,000
 concerns, as long as they're not putting up a post with stadium lighting up there.

1735
02:01:47,000 --> 02:01:54,880
 It's probably going to be all right as we're talking about the businesses that abut us

1736
02:01:54,880 --> 02:02:03,720
 would be probably eight to five days a week, which is probably about as good as we're going

1737
02:02:03,720 --> 02:02:06,720
 to get.

1738
02:02:06,720 --> 02:02:14,480
 As I said, with the overlay of restrictions, this is probably going to be fine.

1739
02:02:14,480 --> 02:02:20,840
 I like the idea of the buffer in the back for both the noise and the privacy.

1740
02:02:20,840 --> 02:02:27,380
 We appreciate your hearing our concerns, and I thank you for it.

1741
02:02:27,380 --> 02:02:32,720
 Thank you for coming to speak.

1742
02:02:32,720 --> 02:02:36,320
 Next person is Jennifer Walters.

1743
02:02:36,320 --> 02:02:49,240
 Ms. Walters, I bet you know the drill of what you need to do next.

1744
02:02:49,240 --> 02:02:50,240
 I do, thank you.

1745
02:02:50,240 --> 02:02:54,880
 You know, when you're 25 and you fall, you just jump right up and, hey, you don't think

1746
02:02:54,880 --> 02:02:55,880
 about it.

1747
02:02:55,880 --> 02:03:00,980
 But when you're my age and you fall, it's like, oh my God, never going to move again.

1748
02:03:00,980 --> 02:03:01,980
 My name is Jennifer Walters.

1749
02:03:01,980 --> 02:03:11,240
 I live at 2105 Colonial, and our house is right next to where this property is.

1750
02:03:11,240 --> 02:03:16,920
 Before we bought this house about 30 years ago, I did my homework, and it was listed

1751
02:03:16,920 --> 02:03:23,160
 as a residential property next to ours, and so we felt confident at that time that some

1752
02:03:23,160 --> 02:03:27,080
 really nice neighborhood would be going in there.

1753
02:03:27,080 --> 02:03:33,420
 30-some years later, we have come to the realization that that is not going to happen.

1754
02:03:33,420 --> 02:03:40,640
 There's probably not going to be any homes there, and so we didn't receive a notice for

1755
02:03:40,640 --> 02:03:46,000
 the first neighborhood meeting, but we did attend the one last week, and it was very

1756
02:03:46,000 --> 02:03:47,880
 well put together.

1757
02:03:47,880 --> 02:03:55,280
 The presentation was very well done, and we were pleased to see that it was going to be

1758
02:03:55,280 --> 02:04:07,280
 the medical buildings and that they were limited to those that use right next to our house.

1759
02:04:07,280 --> 02:04:15,840
 And so we figured, as has been stated, that that's probably the best we're going to get.

1760
02:04:15,840 --> 02:04:23,960
 I think it's a good use next to the residential area there, and so we were in favor of the

1761
02:04:23,960 --> 02:04:29,240
 proposal with those conditions that have been noted.

1762
02:04:29,240 --> 02:04:33,200
 And I'll stand for any questions.

1763
02:04:33,200 --> 02:04:34,200
 I do not see any.

1764
02:04:34,200 --> 02:04:35,200
 Okay.

1765
02:04:35,200 --> 02:04:36,200
 Thank you for coming to speak to us.

1766
02:04:36,200 --> 02:04:37,200
 Thanks.

1767
02:04:37,200 --> 02:04:43,480
 I don't have any other cards wishing to speak, but this is a public hearing, so if you are

1768
02:04:43,480 --> 02:04:48,480
 wishing to speak, you can come up to the mic.

1769
02:04:48,480 --> 02:04:54,240
 I do have one other card in my hand, not wishing to speak, but is in support, and that's Brian

1770
02:04:54,240 --> 02:05:05,080
 Paffem at 2111 Glenn Garden is in support as presented in the concept plan.

1771
02:05:05,080 --> 02:05:07,000
 Okay.

1772
02:05:07,000 --> 02:05:11,000
 Anybody else wishing to speak?

1773
02:05:11,000 --> 02:05:12,000
 Seeing none.

1774
02:05:12,000 --> 02:05:17,680
 I'll close the public hearing on this item and entertain motion or discussion.

1775
02:05:17,680 --> 02:05:18,680
 Commissioner Smith.

1776
02:05:18,680 --> 02:05:26,580
 I make a motion to approve with the applicant's recommendations and limitations, but only

1777
02:05:26,580 --> 02:05:30,880
 adding at the very end, and I'm going to list this out loud for the record, the specific

1778
02:05:30,880 --> 02:05:36,640
 limitations of not allowing and prohibiting multifamily dwelling, chapter house, community

1779
02:05:36,640 --> 02:05:41,520
 home, dormitory, homeless shelter, bar, tavern, lounges, mobile food courts, hotels, automotive

1780
02:05:41,520 --> 02:05:52,400
 fuel sales, food processing, and then adding liquor stores as my motion.

1781
02:05:52,400 --> 02:05:53,400
 Commissioner Cole.

1782
02:05:53,400 --> 02:05:54,400
 Second.

1783
02:05:54,400 --> 02:06:02,920
 Okay, so we have a motion and a second to approve the zoning request with the conditions

1784
02:06:02,920 --> 02:06:10,000
 presented adding liquor stores to specific limitations.

1785
02:06:10,000 --> 02:06:15,720
 Any discussion?

1786
02:06:15,720 --> 02:06:27,920
 Seeing none, I will call for a vote on the board.

1787
02:06:27,920 --> 02:06:30,600
 That motion carries 5-0.

1788
02:06:30,600 --> 02:06:33,400
 Congratulations.

1789
02:06:33,400 --> 02:06:41,800
 That will move us to public hearing item C, PD190004.

1790
02:06:41,800 --> 02:06:50,320
 The applicant has requested a postponement to a date certain of 3 and 18.

1791
02:06:50,320 --> 02:06:54,240
 Chair will entertain a motion for that.

1792
02:06:54,240 --> 02:06:55,240
 Commissioner Smith.

1793
02:06:55,240 --> 02:06:56,920
 Do we need to open the public hearing or we just make the motion?

1794
02:06:56,920 --> 02:06:57,920
 We do not.

1795
02:06:57,920 --> 02:06:58,920
 Okay, good.

1796
02:06:58,920 --> 02:07:02,280
 Yes, I'll make a motion to postpone to date certain of March 18th, 2020.

1797
02:07:02,280 --> 02:07:03,640
 Mr. Pernetta.

1798
02:07:03,640 --> 02:07:04,640
 I second the motion.

1799
02:07:04,640 --> 02:07:10,080
 We've got a first and a second to postpone this item to a date certain March 18th.

1800
02:07:10,080 --> 02:07:12,600
 Any discussion?

1801
02:07:12,600 --> 02:07:20,400
 Seeing none, let's call for a vote on the board.

1802
02:07:20,400 --> 02:07:25,120
 Motion carries 5-0.

1803
02:07:25,120 --> 02:07:32,600
 That takes us to our next public hearing item CA190001.

1804
02:07:32,600 --> 02:07:40,600
 That applicant has requested a motion to postpone to a date certain of April 8th.

1805
02:07:40,600 --> 02:07:41,600
 Commissioner Smith.

1806
02:07:41,600 --> 02:07:45,560
 Motion to postpone to a date certain of April 8th.

1807
02:07:45,560 --> 02:07:46,560
 Commissioner Cole.

1808
02:07:46,560 --> 02:07:47,560
 Second.

1809
02:07:47,560 --> 02:07:50,600
 Got a first and a second to postpone this item to April 8th.

1810
02:07:50,600 --> 02:07:53,200
 Any discussion?

1811
02:07:53,200 --> 02:08:01,440
 Seeing none, I'll call for a vote on the board.

1812
02:08:01,440 --> 02:08:05,360
 That motion carries 5-0.

1813
02:08:05,360 --> 02:08:10,800
 Public hearing item Z20002.

1814
02:08:10,800 --> 02:08:15,040
 That applicant has requested a motion to postpone to April 8th.

1815
02:08:15,040 --> 02:08:16,040
 Commissioner Smith.

1816
02:08:16,040 --> 02:08:18,440
 Make a motion to postpone to a date certain of April 8th.

1817
02:08:18,440 --> 02:08:19,440
 Commissioner Cole.

1818
02:08:19,440 --> 02:08:20,440
 Second.

1819
02:08:20,440 --> 02:08:23,000
 Got a first and a second to postpone this item to April 8th.

1820
02:08:23,000 --> 02:08:25,560
 Any discussion?

1821
02:08:25,560 --> 02:08:33,480
 Seeing none, I'll call for a vote on the board.

1822
02:08:33,480 --> 02:08:36,560
 Motion carries 5-0.

1823
02:08:36,560 --> 02:08:41,920
 That will take us to our planning and zoning commission project matrix.

1824
02:08:41,920 --> 02:08:46,480
 At this time, I guess I'll turn it over to Richard to start.

1825
02:08:46,480 --> 02:08:51,800
 I don't have anything to add at this point to the updates with respect to the matrix.

1826
02:08:51,800 --> 02:08:57,760
 I just did want to provide a quick update with respect to last night's city council

1827
02:08:57,760 --> 02:09:04,400
 meeting relative to the applications that were recommended by the body here.

1828
02:09:04,400 --> 02:09:09,120
 The alternate ESA, if you recall, for Fisher 59, that was approved last night.

1829
02:09:09,120 --> 02:09:13,520
 As was the ESA language, the ESA plat where those -- we had removed the language where

1830
02:09:13,520 --> 02:09:18,120
 those were sort of decoupled, that was approved last night.

1831
02:09:18,120 --> 02:09:22,520
 Those were the two rezonings, the first being the rezoning for the Yale law office to correct

1832
02:09:22,520 --> 02:09:24,160
 that parking lot.

1833
02:09:24,160 --> 02:09:28,640
 So now that that rezoning is done, the next phase will be for them to plat that property.

1834
02:09:28,640 --> 02:09:33,920
 So we'll probably be seeing that -- actually, maybe not, it'll probably be a minor plat.

1835
02:09:33,920 --> 02:09:38,560
 So maybe or may not see that minor plat, but then they will still have to meet the code

1836
02:09:38,560 --> 02:09:43,840
 standards for -- to come into compliance with the development standards with respect to

1837
02:09:43,840 --> 02:09:45,880
 parking lot.

1838
02:09:45,880 --> 02:09:50,360
 The other rezoning that was approved was the Cambridge brook rezoning that rezoned out

1839
02:09:50,360 --> 02:09:59,400
 of the PD to R6 just off of Bonnie Bray, and so it was also approved last night.

1840
02:09:59,400 --> 02:10:00,400
 Commissioner Beck.

1841
02:10:00,400 --> 02:10:02,200
 Yes, thank you.

1842
02:10:02,200 --> 02:10:13,560
 Richard, so the public has come to me and had questions about exemptions of our residential

1843
02:10:13,560 --> 02:10:24,120
 code for wildflower development, as well as food vegetation, and they were unsure of what

1844
02:10:24,120 --> 02:10:34,220
 we allow and what mechanisms we have for approving alternatives to code enforcement for wildflowers

1845
02:10:34,220 --> 02:10:40,680
 and for food vegetation, and so, A, could you maybe quickly say what we're allowed to

1846
02:10:40,680 --> 02:10:49,560
 do, and then, B, I'd like to maybe explore maybe a staff report or something, if the

1847
02:10:49,560 --> 02:10:55,720
 Dias approves of getting that on the matrix, of looking into what sort of mechanisms would

1848
02:10:55,720 --> 02:10:58,320
 allow those.

1849
02:10:58,320 --> 02:11:03,720
 Just offhand, I do know as part of the -- now, with respect to an individual single-family

1850
02:11:03,720 --> 02:11:08,920
 home, I've got to look into it with respect to the wildflower.

1851
02:11:08,920 --> 02:11:15,840
 I do know when we updated the landscape and tree preservation standards, because we are

1852
02:11:15,840 --> 02:11:21,520
 a monarch butterfly city, we do allow -- that was something, if you recall, we put into

1853
02:11:21,520 --> 02:11:29,720
 the landscape table to allow for that, which obviously would include wildflowers.

1854
02:11:29,720 --> 02:11:35,920
 I have to look at just how that applies to an individual lot that's not necessarily going

1855
02:11:35,920 --> 02:11:39,160
 through a landscape approval.

1856
02:11:39,160 --> 02:11:45,360
 I need to look into that and make sure that there isn't a disconnect between that and

1857
02:11:45,360 --> 02:11:50,880
 what's in the property maintenance standards that's not part of the development code.

1858
02:11:50,880 --> 02:11:53,400
 The other was the food production.

1859
02:11:53,400 --> 02:12:01,360
 I do know that when we had the discussion as part of the DDC update, there was a use

1860
02:12:01,360 --> 02:12:05,400
 that we have in the table, and I'll provide a written response to everybody, but just

1861
02:12:05,400 --> 02:12:12,280
 sort of off the top of my head, we had a discussion about what is an urban farm, and there was

1862
02:12:12,280 --> 02:12:19,360
 a number of concerns that this would prohibit individuals from having a garden, and we made

1863
02:12:19,360 --> 02:12:26,360
 it very clear that that was not -- that would not prohibit somebody from planting tomatoes,

1864
02:12:26,360 --> 02:12:33,040
 whatever it is that they wish to plant, but again, I'll provide a written response.

1865
02:12:33,040 --> 02:12:38,000
 I could probably do that sooner than later, and if not and if there's something missing

1866
02:12:38,000 --> 02:12:47,720
 or we identify a lapse, we will be coming back in the next month, month and a half,

1867
02:12:47,720 --> 02:12:53,600
 with some work sessions on some updates to the DDC, and so these updates are really -- it's

1868
02:12:53,600 --> 02:12:58,220
 almost been in effect for a year, and so now we're sort of -- there's going to be some

1869
02:12:58,220 --> 02:13:02,480
 cleanup items, so if this is something we need to address as part of that, we can certainly

1870
02:13:02,480 --> 02:13:04,920
 include that, but I'll provide it.

1871
02:13:04,920 --> 02:13:10,200
 To provide some clarity into the public questions that I received, they were specifically, I

1872
02:13:10,200 --> 02:13:19,560
 think, wanting to replace landscaping, vegetation with -- I'm using weird terms, but food, crop,

1873
02:13:19,560 --> 02:13:26,840
 vegetation for their landscaping instead of regular ornamental landscaping, but it would

1874
02:13:26,840 --> 02:13:34,040
 still be landscaping in order to sort of have a "greener environment" in their landscaping,

1875
02:13:34,040 --> 02:13:39,640
 so that was the direction of the public request, so I don't know how that will incorporate

1876
02:13:39,640 --> 02:13:43,600
 into your report that you're looking up, but just to provide some clarity on the public

1877
02:13:43,600 --> 02:13:44,600
 request.

1878
02:13:44,600 --> 02:13:45,600
 I'll provide a response.

1879
02:13:45,600 --> 02:13:50,920
 I know, and again, I just don't recall off the top of my head, I thought we had eliminated

1880
02:13:50,920 --> 02:13:55,800
 the requirement for sod, I know we had that discussion as part of the DDC update, I just

1881
02:13:55,800 --> 02:14:00,540
 don't remember off the top of my head, but then I need to also look at the property maintenance

1882
02:14:00,540 --> 02:14:06,200
 standards that aren't part of the DDC to make sure there's not that inconsistency, but I

1883
02:14:06,200 --> 02:14:10,120
 see where your "thank you" question is.

1884
02:14:10,120 --> 02:14:15,200
 Anybody else for the matrix, besides me?

1885
02:14:15,200 --> 02:14:17,800
 A couple of things.

1886
02:14:17,800 --> 02:14:23,300
 I guess if we could be sure that the drainage issues from -- at least gets addressed by

1887
02:14:23,300 --> 02:14:30,280
 someone in the city with what's going on there, that would be great.

1888
02:14:30,280 --> 02:14:35,840
 Also if I could request maybe an upcoming work session to further understand how we

1889
02:14:35,840 --> 02:14:41,760
 want to go forward with overlay conditions, I know, you know, we certainly had a lot of

1890
02:14:41,760 --> 02:14:45,800
 discussion about that in the past, especially with the new code about how we were not going

1891
02:14:45,800 --> 02:14:52,000
 to do that, but if it is going to be something that we want to focus on maybe doing, I definitely

1892
02:14:52,000 --> 02:14:57,800
 think we need to talk about that and figure out where staff is on that.

1893
02:14:57,800 --> 02:15:05,040
 And then let's have sooner than later a work session regard to the approval of plats, preliminary

1894
02:15:05,040 --> 02:15:10,200
 plats and final plats, so we know where we stand as a commission since we are the final

1895
02:15:10,200 --> 02:15:18,800
 body in that vote, I definitely think we need a work session on that.

1896
02:15:18,800 --> 02:15:19,800
 Anybody else?

1897
02:15:19,800 --> 02:15:24,360
 I'll commit, I know sooner than later, we'll try to work together with the city attorney's

1898
02:15:24,360 --> 02:15:27,880
 office if not the next meeting after.

1899
02:15:27,880 --> 02:15:28,880
 Great.

1900
02:15:28,880 --> 02:15:29,880
 Thank you.

1901
02:15:29,880 --> 02:15:30,880
 Anybody else for the matrix?

1902
02:15:30,880 --> 02:15:31,880
 Okay.

1903
02:15:31,880 --> 02:15:34,880
 Any concluding items?

1904
02:15:34,880 --> 02:15:36,320
 Okay.

1905
02:15:36,320 --> 02:15:41,260
 Seeing none, I will close our meeting at 7 44 p.m.

1906
02:15:41,260 --> 02:15:41,760
 Thank you, everyone.