WEBVTT

00:00:00.000 --> 00:00:10.560
 Good afternoon and welcome to the City of Denton Planning and Zoning Commission meeting

00:00:10.560 --> 00:00:12.840
 for Wednesday, March 4th.

00:00:12.840 --> 00:00:19.320
 This is our work session and with the quorum present I will call us to order at 501.

00:00:19.320 --> 00:00:24.560
 Let the record show that Chair Rosell and Commissioners Anderson and Preneta are currently

00:00:24.560 --> 00:00:26.800
 absent.

00:00:26.800 --> 00:00:34.640
 We don't have any work session reports today so we can move right into the agenda.

00:00:34.640 --> 00:00:40.800
 Item one, clarification of agenda items listed on today's meeting agenda.

00:00:40.800 --> 00:00:49.520
 Items in the public hearing 5A and 5C are being postponed.

00:00:49.520 --> 00:00:57.100
 That will move us to discussion of our first agenda item which are the meetings for February

00:00:57.100 --> 00:00:58.100
 19th.

00:00:58.100 --> 00:01:00.720
 Any discussion, questions on that?

00:01:00.720 --> 00:01:02.140
 Okay.

00:01:02.140 --> 00:01:05.560
 How about consent?

00:01:05.560 --> 00:01:06.560
 Commissioner Beck.

00:01:06.560 --> 00:01:07.560
 Yes.

00:01:07.560 --> 00:01:08.560
 Thank you, Chair.

00:01:08.560 --> 00:01:14.940
 I'd like to ask some questions about items 3C and 3D.

00:01:14.940 --> 00:01:17.360
 3C and 3D?

00:01:17.360 --> 00:01:18.360
 Yes ma'am.

00:01:18.360 --> 00:01:19.360
 Okay.

00:01:19.360 --> 00:01:20.360
 3C is Cindy.

00:01:20.360 --> 00:01:25.400
 I don't see Cindy here, I don't think.

00:01:25.400 --> 00:01:28.560
 Can we maybe do D first since Haley's here?

00:01:28.560 --> 00:01:29.560
 Is that okay?

00:01:29.560 --> 00:01:30.560
 Yeah.

00:01:30.560 --> 00:01:31.560
 Even if there's C maybe it's --

00:01:31.560 --> 00:01:32.560
 A question's up.

00:01:32.560 --> 00:01:33.560
 Maybe I can answer.

00:01:33.560 --> 00:01:34.560
 Yeah.

00:01:34.560 --> 00:01:39.560
 And we've got it here if I need to pull it up.

00:01:39.560 --> 00:01:40.560
 Okay.

00:01:40.560 --> 00:01:41.560
 Let's see.

00:01:41.560 --> 00:01:42.560
 Okay.

00:01:42.560 --> 00:01:45.560
 So the Eagle Cove.

00:01:45.560 --> 00:02:04.080
 Yes, oh yes.

00:02:04.080 --> 00:02:09.960
 So my problem is, what you have right there on the map and what concerns me is the riparian

00:02:09.960 --> 00:02:17.960
 drainage and the green corridor leading back in all along the concrete there and the drainages.

00:02:17.960 --> 00:02:25.040
 Yeah, you all have learned a little bit about what some of my major concerns are and that

00:02:25.040 --> 00:02:33.880
 is going to be flooding, drainage, causing property issues and then also the sort of

00:02:33.880 --> 00:02:37.880
 destruction of the riparian habitat and green corridors going along through there.

00:02:37.880 --> 00:02:46.800
 So what -- looking at that, I'm concerned that, you know, we basically are building on all

00:02:46.800 --> 00:02:50.600
 sides of that creek and that thing's going to flood.

00:02:50.600 --> 00:02:59.240
 And so I'm curious about the hydrological reports on that.

00:02:59.240 --> 00:03:04.720
 So this -- I don't believe this is floodplain.

00:03:04.720 --> 00:03:10.600
 It is a drainage easement with riparian buffer and upland habitat in it.

00:03:10.600 --> 00:03:15.440
 So they are preserving in all of the space, of course, maintaining all of the riparian

00:03:15.440 --> 00:03:16.440
 buffer.

00:03:16.440 --> 00:03:19.000
 The only encroachments that they will need an alternative ESA for are where the roads

00:03:19.000 --> 00:03:20.160
 will cross.

00:03:20.160 --> 00:03:25.680
 Otherwise, they are preserving the entirety of the riparian buffer, all of the ESA on

00:03:25.680 --> 00:03:27.440
 site except for the two roadways.

00:03:27.440 --> 00:03:30.960
 So if there is floodplain, I don't believe there is, if there were floodplain within

00:03:30.960 --> 00:03:34.120
 that riparian corridor, it would be included in this.

00:03:34.120 --> 00:03:39.240
 And then outside of that, they have set aside these other areas adjacent to there as preserved

00:03:39.240 --> 00:03:43.160
 habitat to maintain in their natural condition as well.

00:03:43.160 --> 00:03:49.520
 But certainly any lots that if it were floodplain, I don't believe it is, would have to have

00:03:49.520 --> 00:03:51.560
 their finished floor elevation established.

00:03:51.560 --> 00:03:56.200
 So those homes would meet the engineering requirements for being elevated sufficiently

00:03:56.200 --> 00:04:00.160
 to not flood in the anticipated 100-year event.

00:04:00.160 --> 00:04:08.960
 So if we build that up to prevent the property flood damage to the houses that are being

00:04:08.960 --> 00:04:15.400
 proposed to go in there, though aren't we then altering the hydrology of the actual

00:04:15.400 --> 00:04:20.520
 drainage itself, which means we are going to have erosion issues and we are right up

00:04:20.520 --> 00:04:25.240
 against, and we have ESA and we are right up against all that concrete just to itself

00:04:25.240 --> 00:04:33.800
 where we have a unique environment all up along that corridor that we are going to cram

00:04:33.800 --> 00:04:43.600
 everything right up against it just because this feels like we are doing one-time building

00:04:43.600 --> 00:04:49.160
 and permanent damage to something that we can't get back and something that is distinct

00:04:49.160 --> 00:04:57.680
 and unique to Denton in this environment and I am very highly concerned about all, I mean

00:04:57.680 --> 00:05:05.520
 most of the items tonight, I am going to just show my cards, are all in this section and

00:05:05.520 --> 00:05:07.640
 it is going to be the same question over and over again.

00:05:07.640 --> 00:05:11.640
 We have got drainage issues, we have got flooding issues, we have got riparian issues, we have

00:05:11.640 --> 00:05:18.840
 got green corridors, we have got animal corridors, we are proposing to, there are several unique

00:05:18.840 --> 00:05:26.440
 species to North Texas, plants that live in this area and we are proposing to tear this

00:05:26.440 --> 00:05:33.000
 up and even if we don't quote unquote hit the actual riparian areas like technically

00:05:33.000 --> 00:05:39.240
 right along the floodplains of the creek, we are still damaging the hydrology such that

00:05:39.240 --> 00:05:44.800
 we are going to degrade and destroy what we are technically leaving behind because we

00:05:44.800 --> 00:05:50.960
 are concreting the surrounding materials over, so this is me sort of yelling at the room

00:05:50.960 --> 00:05:59.820
 and not you Haley, so I would like to be, can we maybe tell me what sort of protections

00:05:59.820 --> 00:06:06.520
 are in place to protect this, these kinds of things from happening?

00:06:06.520 --> 00:06:14.040
 Well it is not an engineer but they do meet all of the technical requirements, I mean

00:06:14.040 --> 00:06:17.800
 they are meeting all of the technical requirements from our engineering review at this point.

00:06:17.800 --> 00:06:21.200
 As I said they are not, the only encroachments they are proposing are where the roadways

00:06:21.200 --> 00:06:25.920
 would cross, the homes and all of the lots are outside of any environmentally sensitive

00:06:25.920 --> 00:06:30.760
 area and then in addition to that they are proposing the additional preserved habitat

00:06:30.760 --> 00:06:34.840
 to provide that extra natural buffer on either side of the ESA.

00:06:34.840 --> 00:06:38.840
 The encroachments that they are proposing will be coming back before you all and the

00:06:38.840 --> 00:06:43.400
 City Council in the form of an alternative ESA plan, so there would be more opportunity

00:06:43.400 --> 00:06:48.980
 at that time I would say for any potential protections that you would think might be

00:06:48.980 --> 00:06:53.520
 necessary at the point of those encroachments but they are meeting all of the technical

00:06:53.520 --> 00:06:57.760
 standards and providing the appropriate easements to ensure that nothing disturbs this area

00:06:57.760 --> 00:07:00.440
 beyond these two areas.

00:07:00.440 --> 00:07:08.840
 On the southern border where we are up against the even more riparian and high canopy green

00:07:08.840 --> 00:07:16.960
 corridor there, all that property is either going to flood south into the actual creek

00:07:16.960 --> 00:07:22.680
 or into this drainage in the center of the picture and you are not going to be able to

00:07:22.680 --> 00:07:27.960
 construct those homes, definitely along the southern border without disruption and I don't

00:07:27.960 --> 00:07:34.080
 see how lot 10 in the middle of the picture, some of these other lots are not going to

00:07:34.080 --> 00:07:44.000
 end up causing permanent and consistent damage to these corridors.

00:07:44.000 --> 00:07:49.160
 Commissioner, can I just caution you that what we are dealing with here is a preliminary

00:07:49.160 --> 00:07:54.080
 plot so not whether or not the land can be developed or not, so if it is specific to

00:07:54.080 --> 00:07:59.400
 the preliminary plot, if you would like to ask Haley a question that would be fantastic,

00:07:59.400 --> 00:08:03.280
 but what we are dealing with is the plot that is in front of us.

00:08:03.280 --> 00:08:04.800
 I appreciate the caution.

00:08:04.800 --> 00:08:07.800
 Thank you, chair.

00:08:07.800 --> 00:08:15.560
 If I can just add a little bit more to that.

00:08:15.560 --> 00:08:19.560
 Approval of this preliminary plot for the most part does not give the ability to get

00:08:19.560 --> 00:08:21.800
 a permit to build anything.

00:08:21.800 --> 00:08:27.960
 All this does is allow you to go to step B, which is the engineering to see if this initial

00:08:27.960 --> 00:08:30.440
 preliminary layout actually works.

00:08:30.440 --> 00:08:34.300
 So that will be all brought back and those answers will be available when we look at

00:08:34.300 --> 00:08:35.680
 this as part of that final plan.

00:08:35.680 --> 00:08:39.800
 And just to tag on to that, there is a note on the plat that specifically references if

00:08:39.800 --> 00:08:44.000
 by some chance their alternative ESA plan is not approved, this plat would basically

00:08:44.000 --> 00:08:45.000
 become null and void.

00:08:45.000 --> 00:08:47.140
 They would have to start over.

00:08:47.140 --> 00:08:49.280
 So that extra level of scrutiny will be provided.

00:08:49.280 --> 00:08:54.080
 This just to Richard's point gives them the ability to get there, to even do the engineering

00:08:54.080 --> 00:08:58.920
 work.

00:08:58.920 --> 00:09:05.980
 Do we have a feel -- hmm.

00:09:05.980 --> 00:09:12.640
 So the roads are punching through the duchess in this preliminary plat, is that correct?

00:09:12.640 --> 00:09:13.640
 Correct.

00:09:13.640 --> 00:09:17.780
 Duchess on the north would be the primary access.

00:09:17.780 --> 00:09:21.160
 And then they are lining up with the -- they're basically a mirror image of the development

00:09:21.160 --> 00:09:22.400
 across the street on duchess.

00:09:22.400 --> 00:09:33.840
 They're connecting to all of the existing drives there.

00:09:33.840 --> 00:09:35.920
 There were how -- I forgot the number.

00:09:35.920 --> 00:09:36.920
 How many units?

00:09:36.920 --> 00:09:41.320
 I believe it's 56 total.

00:09:41.320 --> 00:09:53.360
 Yeah, 56 residential lots and three HOA open space lots.

00:09:53.360 --> 00:10:01.960
 I mean, even in the information sheet, they're acknowledging that there are issues that have

00:10:01.960 --> 00:10:02.960
 to be resolved.

00:10:02.960 --> 00:10:11.280
 So yeah, I guess I don't have any more questions, but I'm likely to ask that this not be because

00:10:11.280 --> 00:10:12.280
 of consent.

00:10:12.280 --> 00:10:16.360
 Anybody else with questions on this one?

00:10:16.360 --> 00:10:18.680
 Haley, I had one.

00:10:18.680 --> 00:10:23.320
 I noticed with the open space lots that there's no note of who's maintaining those.

00:10:23.320 --> 00:10:25.560
 I know they're tree preserves.

00:10:25.560 --> 00:10:31.020
 Typically we mention something about -- Those will in the future be dedicated to the HOA.

00:10:31.020 --> 00:10:35.200
 We don't ask for the HOA documents to be provided until they get to the final plat stage.

00:10:35.200 --> 00:10:36.200
 Okay.

00:10:36.200 --> 00:10:37.200
 Very good.

00:10:37.200 --> 00:10:38.200
 Very good.

00:10:38.200 --> 00:10:39.200
 Thank you.

00:10:39.200 --> 00:10:44.780
 Why don't we go back up to see -- I saw Cindy come in.

00:10:44.780 --> 00:10:50.480
 Cindy Commissioner Beck had a few questions on item C for consent.

00:10:50.480 --> 00:10:51.480
 Apologies for my readiness.

00:10:51.480 --> 00:10:52.480
 Oh, no.

00:10:52.480 --> 00:10:53.480
 Thank you.

00:10:53.480 --> 00:11:04.800
 I was waiting for a revised plat to come in so I could print it out.

00:11:04.800 --> 00:11:33.320
 The plat before you is a final plat.

00:11:33.320 --> 00:11:36.880
 It was determined that -- Cindy, I don't think this is the one we're

00:11:36.880 --> 00:11:37.880
 actually talking about.

00:11:37.880 --> 00:11:38.880
 Oh, I'm sorry.

00:11:38.880 --> 00:11:39.880
 That's okay.

00:11:39.880 --> 00:11:40.880
 We're on consent still.

00:11:40.880 --> 00:11:41.880
 Okay.

00:11:41.880 --> 00:11:42.880
 So we're on --

00:11:42.880 --> 00:11:43.880
 Country Club.

00:11:43.880 --> 00:11:44.880
 Country Club.

00:11:44.880 --> 00:11:45.880
 Okay.

00:11:45.880 --> 00:11:46.880
 Yes.

00:11:46.880 --> 00:11:55.040
 So my concern on this one was what's the development on the -- do we know the plans for the southern

00:11:55.040 --> 00:12:01.040
 half not in the -- where they're proposing homes, but what's the expectation for that

00:12:01.040 --> 00:12:03.240
 on the other side of the drainage?

00:12:03.240 --> 00:12:04.240
 Parkland.

00:12:04.240 --> 00:12:06.920
 That's going to be maintained as parkland?

00:12:06.920 --> 00:12:07.920
 Yes.

00:12:07.920 --> 00:12:09.480
 And we have assurances that that's going to be the case?

00:12:09.480 --> 00:12:10.480
 Yes, we do.

00:12:10.480 --> 00:12:12.920
 It's going to be dedicated to the city.

00:12:12.920 --> 00:12:20.120
 The city is going to put -- extend one of their trails through it.

00:12:20.120 --> 00:12:27.080
 And looking at the topography, that's -- we're basically mostly flowing south into the creek

00:12:27.080 --> 00:12:28.880
 or into the southeast drainage.

00:12:28.880 --> 00:12:29.880
 Okay.

00:12:29.880 --> 00:12:30.880
 I think that's all my questions.

00:12:30.880 --> 00:12:31.880
 Thank you, Cindy.

00:12:31.880 --> 00:12:32.880
 Sure.

00:12:32.880 --> 00:12:33.880
 Okay.

00:12:33.880 --> 00:12:34.880
 Thank you, Cindy.

00:12:34.880 --> 00:12:35.880
 Okay.

00:12:35.880 --> 00:12:46.160
 Moving on to items for individual consideration, we have 4A.

00:12:46.160 --> 00:13:04.000
 That is Haley.

00:13:04.000 --> 00:13:07.840
 All right.

00:13:07.840 --> 00:13:11.440
 This is a final plan for the Denton County Emergency Operations Center.

00:13:11.440 --> 00:13:15.960
 You all may remember this came before you pretty recently for a preliminary plan and

00:13:15.960 --> 00:13:18.200
 an alternative development plan.

00:13:18.200 --> 00:13:20.760
 So this is the final plan for their single lot.

00:13:20.760 --> 00:13:23.040
 At this time, there are a couple of outstanding items.

00:13:23.040 --> 00:13:27.760
 So staff is recommending denial for the reasons outlined in your backup, but the applicant

00:13:27.760 --> 00:13:32.680
 has requested the 30-day extension, which in this case, unfortunately, we don't have

00:13:32.680 --> 00:13:38.040
 a meeting quite 30 days out, so it will only push them to the March 18th meeting.

00:13:38.040 --> 00:13:40.840
 They are aware of that and confident that they can work through the outstanding issues

00:13:40.840 --> 00:13:41.840
 in that time.

00:13:41.840 --> 00:13:43.440
 So they've requested that extension.

00:13:43.440 --> 00:13:44.440
 Okay.

00:13:44.440 --> 00:13:45.440
 Very good.

00:13:45.440 --> 00:13:46.440
 Senator Beck.

00:13:46.440 --> 00:13:47.440
 Thank you, Chair.

00:13:47.440 --> 00:13:51.480
 There's no, I mean, there's nothing, there's no shot clock issues or anything that we have

00:13:51.480 --> 00:13:53.720
 to worry about by giving them an extension.

00:13:53.720 --> 00:13:54.720
 Is there?

00:13:54.720 --> 00:13:58.840
 No, the shot clock bill does allow for them to request a one-time 30-day, no more than

00:13:58.840 --> 00:14:05.840
 30-day extension.

00:14:05.840 --> 00:14:08.840
 Anybody else on this one?

00:14:08.840 --> 00:14:09.840
 Okay.

00:14:09.840 --> 00:14:10.840
 All right.

00:14:10.840 --> 00:14:11.840
 Thanks.

00:14:11.840 --> 00:14:14.280
 I'm going to hop back a minute to consent.

00:14:14.280 --> 00:14:18.680
 Can I bring Cindy back up?

00:14:18.680 --> 00:14:20.560
 Did she just walk out?

00:14:20.560 --> 00:14:21.560
 Yeah.

00:14:21.560 --> 00:14:22.560
 Okay.

00:14:22.560 --> 00:14:27.800
 She just put a new plat on our desk with regard to North Point.

00:14:27.800 --> 00:14:33.920
 There was one item that was removed out of the general notes on there, and it's item

00:14:33.920 --> 00:14:34.920
 9.

00:14:34.920 --> 00:14:38.240
 That's the change that she put in front of us.

00:14:38.240 --> 00:14:44.640
 That change, that line item contradicted something that's in their deed restrictions.

00:14:44.640 --> 00:14:49.520
 I had emailed Cindy earlier, and she did talk to several engineers in the city, and it was

00:14:49.520 --> 00:14:52.480
 the consensus to remove note 9.

00:14:52.480 --> 00:14:54.760
 So that's what's in front of us at the moment.

00:14:54.760 --> 00:14:55.880
 That was the change there.

00:14:55.880 --> 00:14:58.560
 Does anyone have questions on that?

00:14:58.560 --> 00:14:59.560
 Okay.

00:14:59.560 --> 00:15:03.400
 Then let's hop back into the agenda.

00:15:03.400 --> 00:15:08.600
 Julie is waiting for our item B.

00:15:08.600 --> 00:15:09.600
 Good evening.

00:15:09.600 --> 00:15:11.200
 Julie Wyatt.

00:15:11.200 --> 00:15:14.040
 This is FP24, Townsend Green.

00:15:14.040 --> 00:15:18.320
 It's the first phase of a preliminary plat that you saw last summer.

00:15:18.320 --> 00:15:24.200
 It's 187 residential lots with some common open space lots, and I will -- oh, they did

00:15:24.200 --> 00:15:27.240
 -- it is a shot clock item.

00:15:27.240 --> 00:15:34.120
 We're still working through some issues, and particularly regarding engineering items and

00:15:34.120 --> 00:15:36.240
 some amendments to their tree preservation plan.

00:15:36.240 --> 00:15:40.600
 And so they have requested a 30-day extension like the previous plat.

00:15:40.600 --> 00:15:44.000
 It would have to come back before you on the March 18th meeting.

00:15:44.000 --> 00:15:45.280
 So they're working through those issues.

00:15:45.280 --> 00:15:47.400
 They feel like they can get them addressed prior to that meeting.

00:15:47.400 --> 00:15:50.480
 And they understand, too, that it's really not a true 30 days.

00:15:50.480 --> 00:15:51.480
 Yes.

00:15:51.480 --> 00:15:52.480
 Yes.

00:15:52.480 --> 00:15:53.480
 Okay.

00:15:53.480 --> 00:15:54.480
 Any questions?

00:15:54.480 --> 00:15:55.480
 Okay.

00:15:55.480 --> 00:15:56.480
 Thanks, Julie.

00:15:56.480 --> 00:16:04.640
 Item C, FP205, and that is Sean Jacobson.

00:16:04.640 --> 00:16:13.400
 Good evening, Chair and members of the commission.

00:16:13.400 --> 00:16:21.280
 This is a request for a final plat at the lots 1 and 2, block 1 of the HSW West Park

00:16:21.280 --> 00:16:28.560
 addition, approximately 41.6785-acre site adjacent to Western Boulevard.

00:16:28.560 --> 00:16:32.920
 They are -- we are recommending denial, and they are requesting an extension similar to

00:16:32.920 --> 00:16:36.560
 what you've heard, what would be to the next Planning, Zoning Commission meeting.

00:16:36.560 --> 00:16:41.000
 They're just needing to lock down some details with their CEP, their civil engineering plans.

00:16:41.000 --> 00:16:43.880
 They believe they can complete that.

00:16:43.880 --> 00:16:44.880
 Commissioner Beck.

00:16:44.880 --> 00:16:45.880
 Thank you, Chair.

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

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

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.

00:17:05.880 --> 00:17:11.040
 So staff actually went on site, or either staff or third party, a review was performed

00:17:11.040 --> 00:17:15.920
 of the ESA to determine whether it was still a viable ESA or not.

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

00:17:19.040 --> 00:17:25.640
 it was no longer an ESA in the area that's actually being developed on.

00:17:25.640 --> 00:17:29.040
 And so therefore, they were able to move forward in that area.

00:17:29.040 --> 00:17:30.040
 So it was reviewed.

00:17:30.040 --> 00:17:35.500
 It no longer had the characteristics necessary to maintain the ESA in that location.

00:17:35.500 --> 00:17:38.400
 So it was sort of de-designated as an ESA?

00:17:38.400 --> 00:17:39.400
 Yes.

00:17:39.400 --> 00:17:40.400
 Yes.

00:17:40.400 --> 00:17:41.400
 Okay.

00:17:41.400 --> 00:17:42.400
 Okay, I'll follow that up later.

00:17:42.400 --> 00:17:43.400
 Thank you.

00:17:43.400 --> 00:17:44.400
 Yeah.

00:17:44.400 --> 00:17:52.780
 If there's anything you want me to look into, I'll do it.

00:17:52.780 --> 00:17:53.780
 Thank you, Sean.

00:17:53.780 --> 00:17:54.780
 Any other questions?

00:17:54.780 --> 00:17:55.780
 Okay.

00:17:55.780 --> 00:17:57.960
 Thank you very much.

00:17:57.960 --> 00:18:01.600
 Okay, that moves us to our public hearings.

00:18:01.600 --> 00:18:12.600
 So item A, staff's requesting it to be postponed to 3/18.

00:18:12.600 --> 00:18:21.240
 That moves us to item B, Z-21A, and that's Cindy not here yet?

00:18:21.240 --> 00:18:22.240
 Again?

00:18:22.240 --> 00:18:23.240
 Okay.

00:18:23.240 --> 00:18:28.440
 Do we want to maybe jump to our next one?

00:18:28.440 --> 00:18:35.360
 Item B is being postponed, 3/18.

00:18:35.360 --> 00:18:36.360
 You're up.

00:18:36.360 --> 00:18:37.360
 Good evening.

00:18:37.360 --> 00:18:42.200
 Let me get my presentation up.

00:18:42.200 --> 00:18:52.360
 All right, so what I'm presenting to you tonight is CA-19-1, Canopy Trails.

00:18:52.360 --> 00:18:55.480
 This is a project type that you haven't seen before in a while.

00:18:55.480 --> 00:18:58.600
 It's been several years since this has come before, something like this has come before

00:18:58.600 --> 00:19:03.640
 the Planning and Zoning Commission, but this is a comprehensive plan amendment, excuse me,

00:19:03.640 --> 00:19:09.200
 on about 98 acres to modify the future land use designation on the property.

00:19:09.200 --> 00:19:13.480
 It's outlined there in yellow, from business innovation to regional mixed use.

00:19:13.480 --> 00:19:19.160
 Just to orient you, it is bound by Shady Oaks and then Loop 288.

00:19:19.160 --> 00:19:23.680
 So it's situated on the southeast side of town.

00:19:23.680 --> 00:19:28.480
 So some just general comments regarding comprehensive plans and what the request is.

00:19:28.480 --> 00:19:32.220
 So Denton Plan 2030 was adopted in 2015.

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

00:19:37.600 --> 00:19:42.560
 the future land use designations, the things like business innovation or regional mixed

00:19:42.560 --> 00:19:45.160
 use.

00:19:45.160 --> 00:19:49.800
 The future land use map, FLUME, guides zoning decisions.

00:19:49.800 --> 00:19:54.080
 So for instance, in business innovation, you typically see zoning districts like General

00:19:54.080 --> 00:19:55.900
 Office or Light Industrial.

00:19:55.900 --> 00:20:01.560
 So there's often zoning districts that more typically align with any given future land

00:20:01.560 --> 00:20:03.560
 use designation.

00:20:03.560 --> 00:20:07.920
 A best planning practice really is that the zoning should be consistent with the comprehensive

00:20:07.920 --> 00:20:11.160
 plan overall goals, as well as the future land use map.

00:20:11.160 --> 00:20:17.560
 Now, that's something you haven't often seen as the Planning and Zoning Commission.

00:20:17.560 --> 00:20:23.600
 The 2002 code, if you recall, had limited criteria for approval for zoning cases, and

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.

00:20:28.760 --> 00:20:33.840
 So it kind of gave that other route that those cases would take.

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

00:20:38.980 --> 00:20:39.980
 approval.

00:20:39.980 --> 00:20:42.760
 The staff reports have gotten a lot longer because there's just a lot more criteria

00:20:42.760 --> 00:20:43.760
 for approval.

00:20:43.760 --> 00:20:48.640
 And at this time, we're really implementing that best practice, that zoning should follow

00:20:48.640 --> 00:20:50.160
 the future land use map.

00:20:50.160 --> 00:20:53.800
 So that's why you're seeing that today, this additional criteria for approval, and

00:20:53.800 --> 00:20:56.720
 this really is the best practice that we should be looking at.

00:20:56.720 --> 00:20:59.320
 Provides a little extra scrutiny on these projects.

00:20:59.320 --> 00:21:03.640
 Make sure that we're giving it the full analysis.

00:21:03.640 --> 00:21:08.380
 Instances where the future land use map may -- there are instances where the future land

00:21:08.380 --> 00:21:11.160
 use map may require a limited amendment.

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,

00:21:17.320 --> 00:21:20.640
 maybe a policy has gone in a different direction.

00:21:20.640 --> 00:21:25.560
 And so the development code outlines the process and the criteria for approval for that.

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

00:21:31.000 --> 00:21:33.000
 those changing circumstances.

00:21:33.000 --> 00:21:34.720
 So that's why we're here today.

00:21:34.720 --> 00:21:36.800
 And now we'll get into the nitty-gritty.

00:21:36.800 --> 00:21:40.920
 So first we want to talk about the existing conditions of the property, because remember,

00:21:40.920 --> 00:21:46.760
 the comprehensive plan is the 30,000 -- 30,000-foot view of the property.

00:21:46.760 --> 00:21:49.320
 So we just want to kind of look at the general area.

00:21:49.320 --> 00:21:52.360
 And the subject property is once again outlined in yellow.

00:21:52.360 --> 00:21:55.240
 We have the major corridors in red.

00:21:55.240 --> 00:21:59.760
 You've got loop 288, which is a major commercial corridor in the city of Denton.

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

00:22:05.720 --> 00:22:06.720
 is Mayhill.

00:22:06.720 --> 00:22:12.680
 And I know we've talked a lot about Mayhill at our P&Z Commission meetings.

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

00:22:17.640 --> 00:22:18.640
 way through Denton.

00:22:18.640 --> 00:22:20.360
 So it is a regional corridor.

00:22:20.360 --> 00:22:24.280
 It's a major road that is now coming online.

00:22:24.280 --> 00:22:31.000
 The surrounding development of the property is -- has really trended toward retail or

00:22:31.000 --> 00:22:36.520
 office -- some office employment and some high-density residential, a long loop, especially

00:22:36.520 --> 00:22:45.600
 you can see that retail gravitating toward the loop 288 frontage.

00:22:45.600 --> 00:22:49.400
 So the current future land use map does show the property as business innovation.

00:22:49.400 --> 00:22:54.000
 This is intended for large tracts of land where -- that are appropriate for well-planned,

00:22:54.000 --> 00:22:58.040
 larger-scale office and employment parks with those supporting uses, such as retail, hotels

00:22:58.040 --> 00:22:59.240
 and residential.

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

00:23:03.400 --> 00:23:08.400
 industrial, which is what's on the property right now.

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

00:23:13.160 --> 00:23:14.160
 historical context.

00:23:14.160 --> 00:23:17.480
 We wanted to see how we arrived at this -- at this place.

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.

00:23:24.640 --> 00:23:28.400
 The property is kind of where that blue star is.

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

00:23:34.160 --> 00:23:38.360
 the water -- or the power and water treatment plants right here.

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.

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

00:23:49.760 --> 00:23:50.760
 there.

00:23:50.760 --> 00:23:53.600
 So they had designated the area as industrial.

00:23:53.600 --> 00:23:55.120
 It was outside of town.

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

00:23:59.680 --> 00:24:01.960
 industrial uses there.

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,

00:24:10.760 --> 00:24:14.920
 regional mixed use, and it's a little blurry, so I apologize for the quality.

00:24:14.920 --> 00:24:18.280
 But my -- the property that we're talking about tonight is about where the blue star

00:24:18.280 --> 00:24:21.900
 is, and once again, we've got that regional mixed use.

00:24:21.900 --> 00:24:27.060
 It's taking in what -- you know, Golden Triangle Ball and the other commercial development

00:24:27.060 --> 00:24:29.640
 along Loop 288.

00:24:29.640 --> 00:24:34.600
 So it is -- that commercial development is moving forward, is moving north along Loop

00:24:34.600 --> 00:24:35.880
 288.

00:24:35.880 --> 00:24:40.040
 That employment center, so that industrial future land use transitioned to employment

00:24:40.040 --> 00:24:45.720
 center, and it shrunk to allow for that commercial development that was moving to the north.

00:24:45.720 --> 00:24:48.960
 And you can see the city had changed a little bit.

00:24:48.960 --> 00:24:51.480
 The property is in the blue star here.

00:24:51.480 --> 00:24:53.160
 We've got them all here.

00:24:53.160 --> 00:25:02.240
 Commercial development just emerging along I-35 and starting to move north on Loop 288.

00:25:02.240 --> 00:25:04.040
 And then Denton Plan 2030.

00:25:04.040 --> 00:25:06.080
 So it kind of looks like some blobs.

00:25:06.080 --> 00:25:07.080
 I'm sorry.

00:25:07.080 --> 00:25:08.080
 We can talk through it.

00:25:08.080 --> 00:25:13.040
 But the subject property, once again, is here, the blue -- that blue star.

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

00:25:17.200 --> 00:25:21.040
 innovation takes in that area that was once employment center.

00:25:21.040 --> 00:25:24.880
 So this really was just a continuation of that 1999 plan.

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.

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

00:25:33.480 --> 00:25:38.700
 treatment plant, really did just move forward what was -- what was in place from 1999.

00:25:38.700 --> 00:25:46.340
 And you can see the current aerials now, as that commercial development has continued

00:25:46.340 --> 00:25:51.360
 to move for -- move north, it really -- the loop is filling up.

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

00:25:55.400 --> 00:26:00.160
 subject property is kind of the last in this general area.

00:26:00.160 --> 00:26:05.560
 So they are proposing to revise the future land use map to -- to regional mixed use.

00:26:05.560 --> 00:26:11.240
 This is intended for areas that serve as regional destinations within Denton.

00:26:11.240 --> 00:26:16.160
 Development can include the moderate to high-density residential, commercial office and entertainment

00:26:16.160 --> 00:26:17.840
 uses, except for industrial.

00:26:17.840 --> 00:26:22.220
 And it should be at the highest levels of scale and density within the city.

00:26:22.220 --> 00:26:28.760
 Typical districts we see in that is the mixed use regional, the MR, and highway corridor.

00:26:28.760 --> 00:26:36.400
 General criteria for approval for all projects is in section 2.4.5E.

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

00:26:40.120 --> 00:26:42.800
 about that criteria as we discuss the case.

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

00:26:48.160 --> 00:26:51.520
 the -- with the overall goals of the comprehensive plan?

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?

00:26:56.480 --> 00:27:01.280
 So we look through those goals and particularly along those land use goals, because that's

00:27:01.280 --> 00:27:04.000
 really what this is centered on.

00:27:04.000 --> 00:27:05.720
 And I want to talk about three in particular.

00:27:05.720 --> 00:27:09.040
 So land use one, grow compactly.

00:27:09.040 --> 00:27:12.600
 This segment of Loop 288 is a regional corridor.

00:27:12.600 --> 00:27:17.480
 It connects I-35 to Highway 380.

00:27:17.480 --> 00:27:23.600
 So it is a regional corridor within the city and within the general area.

00:27:23.600 --> 00:27:25.960
 Development favors commercial mixed use.

00:27:25.960 --> 00:27:31.080
 We have retail, restaurant, office, and high-density residential that really has developed over

00:27:31.080 --> 00:27:33.120
 time in this area.

00:27:33.120 --> 00:27:37.880
 The request to change this future land use does support this trend.

00:27:37.880 --> 00:27:41.880
 It provides a basis for zoning decisions that would encourage the infill development in

00:27:41.880 --> 00:27:47.120
 this area and provide that variety of commercial residential uses that have already developed

00:27:47.120 --> 00:27:48.120
 on Loop 288.

00:27:48.120 --> 00:27:49.120
 >> Excuse me, Julie.

00:27:49.120 --> 00:27:50.120
 Commissioner Beck.

00:27:50.120 --> 00:27:51.120
 >> Thank you, Chair.

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

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

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

00:28:04.760 --> 00:28:08.360
 fallow other than the Shady Apes Road itself?

00:28:08.360 --> 00:28:13.000
 >> I can't speak to necessarily why it hasn't developed at this time.

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

00:28:17.480 --> 00:28:20.360
 development, or it just hasn't reached there yet.

00:28:20.360 --> 00:28:23.880
 Because really you often -- or what you want to see is stage development.

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

00:28:29.480 --> 00:28:36.700
 in -- at key intersections and key districts, you often see that intersection or that district

00:28:36.700 --> 00:28:41.400
 develop first, and then growth to emanate out from there.

00:28:41.400 --> 00:28:46.920
 It just hasn't reached this section or this property until now.

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

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

00:29:00.280 --> 00:29:05.000
 Creek from downtown, you know, we already have an issue where we've cemented over all

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.

00:29:10.040 --> 00:29:15.640
 To what extent is that historically a factor in the development of this region?

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

00:29:22.000 --> 00:29:23.540
 into this.

00:29:23.540 --> 00:29:28.200
 North of Shady Oaks, there is a substantial amount of flood plains, so that of course

00:29:28.200 --> 00:29:30.040
 really is restricted in development.

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

00:29:36.200 --> 00:29:38.400
 patterns in that area.

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

00:29:43.800 --> 00:29:49.400
 see the green areas are park areas that we have designated in our comprehensive plan,

00:29:49.400 --> 00:29:53.120
 and actually our parks department is updating their master plan right now.

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

00:29:59.560 --> 00:30:05.880
 or pedestrians across the city trying to even keep them off of roadways and through flood

00:30:05.880 --> 00:30:09.760
 plains, which are really good kind of highways for pedestrian activity.

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

00:30:16.800 --> 00:30:19.660
 if it affected this area per se.

00:30:19.660 --> 00:30:24.600
 >> So do we have an idea for the relationship of development along green corridors, how

00:30:24.600 --> 00:30:32.640
 often that ends up precluding or changing the future land use when we begin to drop

00:30:32.640 --> 00:30:37.160
 these sort of regional multi-use activities along those regions?

00:30:37.160 --> 00:30:41.840
 So I'm just sort of trying to get at the historical perspective on this one.

00:30:41.840 --> 00:30:44.200
 >> I'm not sure I understand your question.

00:30:44.200 --> 00:30:49.520
 >> So if -- when we've allowed development along these sort of regions, do we then see

00:30:49.520 --> 00:30:54.920
 later maintenance of our green corridors, our flood plains, our parks, our trails, or

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

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?

00:31:08.760 --> 00:31:13.400
 >> Well, you know, comprehensive plans do look at all of those factors.

00:31:13.400 --> 00:31:18.640
 They look at not only the natural environment, but parkland and where development should

00:31:18.640 --> 00:31:19.640
 go.

00:31:19.640 --> 00:31:23.480
 So I think that's something that we look at as we're comprehensive planning.

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

00:31:29.160 --> 00:31:33.120
 are going to go into that assessment.

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

00:31:38.180 --> 00:31:44.740
 more towards preservation and allowing for that open space as opposed to industrial commercial.

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

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

00:31:54.280 --> 00:32:00.920
 is if you're nonresidential, you can remove 70% of that ESA versus the opposite where

00:32:00.920 --> 00:32:04.080
 you're limited now to 50.

00:32:04.080 --> 00:32:10.040
 >> Thank you both.

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,

00:32:14.240 --> 00:32:19.360
 land use three, grow our assets, the request would permit a variety of commercial and higher

00:32:19.360 --> 00:32:24.080
 density residential uses and design with commercial development standards to further strengthen

00:32:24.080 --> 00:32:27.160
 the commercial character of that loop 288 corridor.

00:32:27.160 --> 00:32:30.320
 And finally land use six, grow with balance.

00:32:30.320 --> 00:32:33.800
 Regional mixed use support zoning districts which once again permit that wide variety

00:32:33.800 --> 00:32:35.640
 of commercial uses.

00:32:35.640 --> 00:32:40.080
 It would provide flexibility for development to respond to changing conditions and economic

00:32:40.080 --> 00:32:42.120
 trends.

00:32:42.120 --> 00:32:46.360
 Our MR zoning district allows for a lot of uses, not only the higher density residential

00:32:46.360 --> 00:32:50.160
 but those commercial and office and employment type uses.

00:32:50.160 --> 00:32:54.880
 So it would allow some -- it would allow that flexibility as the property moves forward

00:32:54.880 --> 00:32:57.160
 with development.

00:32:57.160 --> 00:33:02.000
 There's also specific criteria for approval for comprehensive plan amendments.

00:33:02.000 --> 00:33:05.260
 There's two sections of the specific criteria for approval.

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

00:33:10.520 --> 00:33:15.040
 going to talk about today are the events, trends or facts after the adoption of the

00:33:15.040 --> 00:33:18.800
 comp plan that change the original findings or the character of the area.

00:33:18.800 --> 00:33:20.720
 And there are also other criteria for approval.

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

00:33:23.800 --> 00:33:26.660
 the project.

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

00:33:32.080 --> 00:33:35.440
 in this area is mobility.

00:33:35.440 --> 00:33:41.200
 Loop 28 corridor has of course been a major corridor and arterial through the city for

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

00:33:46.460 --> 00:33:48.920
 that is providing additional connections into our city.

00:33:48.920 --> 00:33:55.240
 So this really is changing the face of the southeast Denton area.

00:33:55.240 --> 00:34:00.160
 So mobility improvements are one change.

00:34:00.160 --> 00:34:02.840
 Also expansion of office employment.

00:34:02.840 --> 00:34:07.880
 If you've driven in the area lately, you know that Denton County is expanding their

00:34:07.880 --> 00:34:13.680
 facilities at the area of Shady Oaks or Morse and Loop 288.

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.

00:34:20.920 --> 00:34:26.040
 Prior to 2015, I know we talked about the historical background, but prior to 2015,

00:34:26.040 --> 00:34:32.000
 the surrounding zoning, which was ECI, employment center commercial or employment center industrial

00:34:32.000 --> 00:34:34.560
 and ECC employment center commercial.

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

00:34:39.320 --> 00:34:44.860
 what existing zoning was on the ground and what had been done prior.

00:34:44.860 --> 00:34:48.240
 So that really did inform that comprehensive plan at the time.

00:34:48.240 --> 00:34:54.200
 And current trends or in the current development really is moving away from that industrial

00:34:54.200 --> 00:34:59.640
 type development in this area and it's moving from that industrial employment to the commercial

00:34:59.640 --> 00:35:03.500
 and the higher density housing.

00:35:03.500 --> 00:35:08.000
 Additional review standards, does it provide a substantial benefit to the city?

00:35:08.000 --> 00:35:11.640
 This would encourage additional mixed use development near an expanding government center

00:35:11.640 --> 00:35:14.000
 and also an existing commercial district.

00:35:14.000 --> 00:35:19.000
 Is it compatible with the land use goals and avoid isolated uses?

00:35:19.000 --> 00:35:22.560
 Regional mixed use is a future land use and then the associated zoning districts would

00:35:22.560 --> 00:35:28.120
 be consistent with the existing land uses as that commercial center.

00:35:28.120 --> 00:35:31.920
 Did it significantly alter acceptable existing land use patterns?

00:35:31.920 --> 00:35:36.240
 This is not anticipated to result in undesirable land use patterns.

00:35:36.240 --> 00:35:41.360
 Once again, it really is just a continuation of that existing development pattern.

00:35:41.360 --> 00:35:44.280
 And would there be adverse impacts to public services?

00:35:44.280 --> 00:35:45.680
 This is an urban area.

00:35:45.680 --> 00:35:51.360
 It's served by existing transportation networks as well as ones that the city has invested

00:35:51.360 --> 00:35:52.360
 in.

00:35:52.360 --> 00:35:55.280
 And so there won't be adverse impacts there.

00:35:55.280 --> 00:35:59.520
 Does the development pattern contained in the existing plan provide adequate and appropriate

00:35:59.520 --> 00:36:03.440
 optional sites for the use or change being proposed in the amendment?

00:36:03.440 --> 00:36:05.840
 So this was interesting to analyze and look at.

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

00:36:11.320 --> 00:36:12.320
 mixed use.

00:36:12.320 --> 00:36:14.640
 So we really have three regional centers in the city.

00:36:14.640 --> 00:36:16.600
 We have Razor Ranch, you're all familiar with.

00:36:16.600 --> 00:36:17.900
 It's on the north side of town.

00:36:17.900 --> 00:36:20.320
 It's at I-35 and University.

00:36:20.320 --> 00:36:22.800
 We have, I kind of covered it up there, sorry.

00:36:22.800 --> 00:36:25.480
 We have the Denton Enterprise Airport.

00:36:25.480 --> 00:36:27.280
 That's a transportation hub.

00:36:27.280 --> 00:36:29.660
 It serves air travel and employment uses.

00:36:29.660 --> 00:36:30.960
 And then we have Loop 288.

00:36:30.960 --> 00:36:33.880
 This is really our legacy regional commercial center.

00:36:33.880 --> 00:36:40.640
 This is our shopping mall, the triangle mall, and then all of those additional ancillary

00:36:40.640 --> 00:36:43.460
 commercial uses that came in.

00:36:43.460 --> 00:36:47.200
 All of these areas, the Razor Ranch and the Denton Enterprise Airport, they have a lot

00:36:47.200 --> 00:36:51.480
 of room to grow, but the Loop 288 is starting to get squeezed.

00:36:51.480 --> 00:36:54.000
 It really has developed.

00:36:54.000 --> 00:36:59.960
 And this property is kind of one of those last big tracks along Loop 288.

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,

00:37:06.600 --> 00:37:07.960
 regional mixed use, sorry.

00:37:07.960 --> 00:37:14.560
 It would also allow for infill development in an already urbanized area.

00:37:14.560 --> 00:37:19.520
 The site conditions that would make development under the current plan inappropriate.

00:37:19.520 --> 00:37:24.360
 And these could be due to topography, utility corridors and easements, drainage patterns,

00:37:24.360 --> 00:37:28.560
 noise, odors, environmental contamination.

00:37:28.560 --> 00:37:35.340
 And while areas dedicated to employment centers are needed, GEO and LI districts, they restrict

00:37:35.340 --> 00:37:40.520
 the residential uses, and so they would limit the necessary component to support existing

00:37:40.520 --> 00:37:45.280
 and future commercial and employment development in this area.

00:37:45.280 --> 00:37:49.320
 And then areas adjacent to Loop 288 are just more suited to commercial and high density

00:37:49.320 --> 00:37:51.840
 residential mixed use.

00:37:51.840 --> 00:37:55.520
 They're compatible with the existing commercial development and residential development.

00:37:55.520 --> 00:38:01.080
 They have high visibility, high traffic volumes, you know, cars go up and down Loop 288.

00:38:01.080 --> 00:38:02.840
 And it's also at a signalized intersection.

00:38:02.840 --> 00:38:06.240
 So it really does make sense in this location.

00:38:06.240 --> 00:38:09.460
 There was a newspaper ad placed as well as mailed notices.

00:38:09.460 --> 00:38:13.160
 We haven't received any responses.

00:38:13.160 --> 00:38:17.240
 And so based upon the criteria for approval, staff recommends approval of the request,

00:38:17.240 --> 00:38:20.600
 and I will stand for any questions.

00:38:20.600 --> 00:38:21.600
 Commissioner Smith.

00:38:21.600 --> 00:38:22.600
 Thank you, Chair.

00:38:22.600 --> 00:38:27.960
 Julie, whenever we're looking at this project, obviously, this is a precursor to the zoning

00:38:27.960 --> 00:38:28.960
 changes coming next, right?

00:38:28.960 --> 00:38:29.960
 Yep.

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,

00:38:34.620 --> 00:38:39.200
 how much of this takes a really viable land of the business innovation section for the

00:38:39.200 --> 00:38:43.400
 flume, and what other areas do we have where we really still could have business innovation

00:38:43.400 --> 00:38:44.400
 occurring?

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

00:38:48.040 --> 00:38:51.360
 going to have commercial centers, employment centers there.

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

00:38:55.680 --> 00:39:00.200
 innovation surrounding it, but other areas up there, I guess you have it there.

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

00:39:05.640 --> 00:39:11.580
 right there, and then out the west side of 35, north of 380 as well.

00:39:11.580 --> 00:39:16.280
 So we really start taking away any type of employment centers really even close to the

00:39:16.280 --> 00:39:17.680
 center of the city.

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

00:39:23.440 --> 00:39:27.480
 patch there, is that business innovation?

00:39:27.480 --> 00:39:28.480
 Right here?

00:39:28.480 --> 00:39:29.480
 Yeah.

00:39:29.480 --> 00:39:31.260
 Well, this is adjacent to the subject property.

00:39:31.260 --> 00:39:35.720
 There still would be a remainder of business innovation along Shady Oaks.

00:39:35.720 --> 00:39:41.280
 This really just is going to take just that little portion adjacent to the highway.

00:39:41.280 --> 00:39:47.880
 So west of the subject site would still have business innovation all the way to Woodrow.

00:39:47.880 --> 00:39:48.880
 All right.

00:39:48.880 --> 00:39:49.880
 Thank you.

00:39:49.880 --> 00:39:50.880
 You bet.

00:39:50.880 --> 00:39:54.720
 Any other questions for Julie?

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

00:40:02.600 --> 00:40:04.800
 that they do this prior to their zoning?

00:40:04.800 --> 00:40:07.040
 Is there a way you can kind of wrap that up?

00:40:07.040 --> 00:40:08.040
 You bet.

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

00:40:12.200 --> 00:40:16.360
 a zoning case be consistent with the future land use map.

00:40:16.360 --> 00:40:22.280
 It adds that additional layer of analysis and scrutiny on the project, makes sure that

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

00:40:29.800 --> 00:40:35.680
 robust criteria for approval on all zoning cases.

00:40:35.680 --> 00:40:41.440
 And so especially -- it may not be appropriate in all rezoning cases, but especially something

00:40:41.440 --> 00:40:46.640
 with the acreage of something like 98 acres, it really was just following those best planning

00:40:46.640 --> 00:40:47.640
 practices.

00:40:47.640 --> 00:40:54.400
 So you'll probably be seeing more of them, I suspect, as we move forward.

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

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

00:41:06.840 --> 00:41:09.800
 south and for the most part to the east.

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

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

00:41:22.720 --> 00:41:30.440
 those have been those areas that have annexed, that just received the RR, residential rural

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,

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.

00:41:41.040 --> 00:41:43.760
 How do we adequately address these?

00:41:43.760 --> 00:41:44.960
 We've looked at that.

00:41:44.960 --> 00:41:49.660
 Are they really rural areas or are they just holding patterns?

00:41:49.660 --> 00:41:55.300
 And so that's been a little bit of an easier argument to make, particularly residential

00:41:55.300 --> 00:41:56.300
 or residential.

00:41:56.300 --> 00:41:59.640
 We talk about mixed use that allows for that residential component.

00:41:59.640 --> 00:42:04.460
 Business innovation really doesn't lend itself to that.

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

00:42:11.480 --> 00:42:14.560
 without a land use plan amendment.

00:42:14.560 --> 00:42:20.880
 It's still always difficult for me coming from a different state that mandates that

00:42:20.880 --> 00:42:24.800
 the comp plan and zoning be consistent.

00:42:24.800 --> 00:42:30.680
 You're prohibited from approving a zoning that's inconsistent with the comp plan.

00:42:30.680 --> 00:42:36.080
 In fact, if it is inconsistent, the rules -- you cannot enforce those land development

00:42:36.080 --> 00:42:40.040
 regulations, whatever regulations are governed by the comp plan, not saying that that's where

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

00:42:44.640 --> 00:42:47.800
 in that environment.

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,

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

00:43:01.800 --> 00:43:02.800
 really supporting that.

00:43:02.800 --> 00:43:06.980
 So is the comp plan being looked at as a whole right now?

00:43:06.980 --> 00:43:08.640
 We are in the process.

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

00:43:16.440 --> 00:43:21.560
 ultimately we'll be going forward to counsel with a recommendation for selection of a consultant

00:43:21.560 --> 00:43:23.560
 for an update of the comp plan.

00:43:23.560 --> 00:43:26.360
 It's sort of in two phases.

00:43:26.360 --> 00:43:31.760
 The first phase is really just sort of an evaluation and appraisal report of what have

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.

00:43:38.160 --> 00:43:43.840
 I think a lot of things have changed since our comp plan was initially adopted.

00:43:43.840 --> 00:43:49.880
 Not saying it was bad, but I think we got out of a huge recession.

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

00:43:53.920 --> 00:43:58.120
 necessarily caught up, particularly in those rural areas.

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

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

00:44:16.080 --> 00:44:17.080
 perspective?

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

00:44:22.680 --> 00:44:27.680
 will be many public meetings on it and many opportunities here to discuss that.

00:44:27.680 --> 00:44:32.100
 So when we do these individually like these, it just makes that process probably easier

00:44:32.100 --> 00:44:34.440
 as we update these along with that.

00:44:34.440 --> 00:44:35.440
 Thank you.

00:44:35.440 --> 00:44:36.440
 Commissioner Becker.

00:44:36.440 --> 00:44:37.440
 Commissioner Becker.

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

00:44:41.520 --> 00:44:47.800
 of keep a consistent development plan going through these different regions as our community

00:44:47.800 --> 00:44:53.120
 changes over time, if we're hitting these parcels up higgledy-piggledy one at a time,

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

00:45:01.560 --> 00:45:08.600
 across the whole region, it is altering a use parcel by parcel by parcel.

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

00:45:12.400 --> 00:45:19.360
 parcels and what not is not under the control of the city per se.

00:45:19.360 --> 00:45:24.600
 And the second follow-up question is going to relate, across the street behind the government

00:45:24.600 --> 00:45:31.480
 area you have that mixed use green corridor that has developed, what was that before and

00:45:31.480 --> 00:45:38.920
 how did that green corridor across the 28 become green and open space?

00:45:38.920 --> 00:45:39.920
 This here?

00:45:39.920 --> 00:45:40.920
 Yes.

00:45:40.920 --> 00:45:41.920
 That's floodplain.

00:45:41.920 --> 00:45:44.720
 That's just listed as floodplain.

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

00:45:50.760 --> 00:45:55.480
 restrict development on that property.

00:45:55.480 --> 00:46:02.720
 So then we have in the comprehensive roll-out and development, we then have these competing

00:46:02.720 --> 00:46:15.880
 interests of floodplain issues, green corridor issues, riparian issues, consistent development

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

00:46:27.200 --> 00:46:36.360
 I guess I'll just say that having an inconsistent use here has coincidentally, maybe accidentally

00:46:36.360 --> 00:46:41.640
 protected a continuity through this region that would otherwise not be there because

00:46:41.640 --> 00:46:46.480
 if a mixed commercial use could have been successfully put in this region, it would

00:46:46.480 --> 00:46:48.120
 have been put in this region.

00:46:48.120 --> 00:46:53.500
 It's a highly desirable major arterial through 288.

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

00:47:00.140 --> 00:47:07.520
 it that by having an accidental inappropriate use we've actually kept a corridor that should

00:47:07.520 --> 00:47:10.140
 be maintained as a corridor?

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

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

00:47:25.080 --> 00:47:29.000
 proposing.

00:47:29.000 --> 00:47:30.000
 Any other questions on this?

00:47:30.000 --> 00:47:35.000
 Okay, we're going to move to the zoning discussion, right?

00:47:35.000 --> 00:47:46.200
 I promise I'll try not to be redundant, maybe a little.

00:47:46.200 --> 00:47:47.800
 All right.

00:47:47.800 --> 00:47:50.040
 So this is the zoning case that follows it.

00:47:50.040 --> 00:47:54.280
 So the previous presentation was for the comp plan.

00:47:54.280 --> 00:47:57.560
 They're following this up with a proposed zoning.

00:47:57.560 --> 00:48:03.200
 They're requesting to rezone the whole 98 acres from light industrial and general office

00:48:03.200 --> 00:48:08.200
 to mixed use regional MR.

00:48:08.200 --> 00:48:10.560
 Current zoning is shown here.

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.

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.

00:48:23.000 --> 00:48:27.600
 The MR really is an existing -- is an extension of that existing zoning pattern along loop

00:48:27.600 --> 00:48:28.600
 288.

00:48:28.600 --> 00:48:32.720
 You've got that consistent purple.

00:48:32.720 --> 00:48:33.720
 General criteria for approval.

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

00:48:38.360 --> 00:48:39.360
 zoning.

00:48:39.360 --> 00:48:42.160
 So dent plan 2030.

00:48:42.160 --> 00:48:45.320
 Right now the future land use is business innovation.

00:48:45.320 --> 00:48:51.880
 They are of course requesting that concurrent request to amend the future land use.

00:48:51.880 --> 00:48:58.880
 MR could kind of comply with business innovation because of the supporting uses, but really

00:48:58.880 --> 00:49:03.440
 the more consistent and the better way to approach it is to be consistent with that

00:49:03.440 --> 00:49:07.360
 future land use map.

00:49:07.360 --> 00:49:09.600
 So that's the purpose of the request.

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

00:49:14.720 --> 00:49:18.240
 the comprehensive plan amendment apply to the zoning plan.

00:49:18.240 --> 00:49:24.000
 The idea of growing compactly to encourage infill development in areas where there already

00:49:24.000 --> 00:49:26.960
 are existing roadway systems.

00:49:26.960 --> 00:49:30.840
 So we prevent sprawl into outlying areas.

00:49:30.840 --> 00:49:33.360
 So we want to make sure we encourage that infill development.

00:49:33.360 --> 00:49:35.840
 It's one of our goals.

00:49:35.840 --> 00:49:38.120
 We want to make sure that we grow our assets.

00:49:38.120 --> 00:49:42.720
 Loop 288 is one of our -- like I said, a legacy commercial corridor.

00:49:42.720 --> 00:49:46.080
 We want to make sure that we grow it and maintain it.

00:49:46.080 --> 00:49:48.160
 So this would allow for that.

00:49:48.160 --> 00:49:49.160
 And then grow for balance.

00:49:49.160 --> 00:49:56.120
 Once again, MR allows that variety of uses so the development could respond to any changing

00:49:56.120 --> 00:49:58.920
 conditions or economic trends.

00:49:58.920 --> 00:50:04.200
 This map just kind of shows what -- broadly what the surrounding uses are.

00:50:04.200 --> 00:50:07.040
 Yellow, you have your public facilities.

00:50:07.040 --> 00:50:10.080
 There's a substation that's being constructed here.

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.

00:50:16.040 --> 00:50:19.800
 The green shows residential developments.

00:50:19.800 --> 00:50:23.200
 The blue is kind of office developments, and then red you see commercial.

00:50:23.200 --> 00:50:29.680
 So the criteria, does it -- do the permitted uses in MR district, are they consistent with

00:50:29.680 --> 00:50:33.120
 the surrounding development in both use and scale?

00:50:33.120 --> 00:50:34.240
 Yes.

00:50:34.240 --> 00:50:39.520
 The typical uses we find on Loop 288 are the offices, the restaurants, retail, and those

00:50:39.520 --> 00:50:42.480
 uses permitted in MR are consistent with that.

00:50:42.480 --> 00:50:49.000
 Would it complement -- MR complements this mix of uses and intensities?

00:50:49.000 --> 00:50:53.320
 And it would be a logical extension of the zoning to the south.

00:50:53.320 --> 00:50:59.280
 MR is -- or MR in this location is consistent with the purpose statement because it -- the

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

00:51:03.880 --> 00:51:10.320
 on site, including typical commercial, like restaurant retail, but also entertainment

00:51:10.320 --> 00:51:15.000
 office and higher density retail -- or residential.

00:51:15.000 --> 00:51:19.840
 Would it create adverse impacts to the surrounding properties or neighborhood?

00:51:19.840 --> 00:51:26.920
 The applicant has done a transportation analysis to determine what -- at full about build out

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.

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

00:51:37.600 --> 00:51:41.320
 feet of shopping, 150,000 square feet of office.

00:51:41.320 --> 00:51:48.200
 By the ITE manual, this would generate about 19,000 trips within a 24-hour period.

00:51:48.200 --> 00:51:51.240
 A TIA will be required.

00:51:51.240 --> 00:51:55.560
 And they have actually already begun talks with engineering, begun the scoping, the limits

00:51:55.560 --> 00:52:01.160
 of that TIA, what intersections they're going to be looking at, and what interventions would

00:52:01.160 --> 00:52:05.920
 be required in order to accommodate for these trips.

00:52:05.920 --> 00:52:10.060
 Just to let you know what the existing conditions are, Shady Oaks is a secondary arterial.

00:52:10.060 --> 00:52:13.140
 It has four travel lanes and at the intersection it actually widens out.

00:52:13.140 --> 00:52:18.080
 I believe there are two lanes that turn left onto loop 288, so provides additional capacity

00:52:18.080 --> 00:52:19.080
 in that area.

00:52:19.080 --> 00:52:27.720
 And the loop 288 is six lanes, travel lanes, of course, it has the necessary deceleration

00:52:27.720 --> 00:52:31.960
 lanes where it's needed or protected left turns.

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

00:52:37.720 --> 00:52:39.920
 intersection.

00:52:39.920 --> 00:52:42.720
 Public water and wastewater are available to the site.

00:52:42.720 --> 00:52:47.200
 Of course, tap and impact pack fees would be required not only for water and wastewater

00:52:47.200 --> 00:52:49.760
 but also for roadways.

00:52:49.760 --> 00:52:50.760
 Public outreach was done.

00:52:50.760 --> 00:52:55.680
 We haven't received any responses in opposition or in favor.

00:52:55.680 --> 00:52:59.920
 And so staff recommends approval of the request as it meets the criteria for approval.

00:52:59.920 --> 00:53:02.400
 And I'll stand for any questions on this one.

00:53:02.400 --> 00:53:03.400
 Questions?

00:53:03.400 --> 00:53:04.400
 Commissioner Brack.

00:53:04.400 --> 00:53:05.400
 Thank you, Chair.

00:53:05.400 --> 00:53:14.400
 So speaking of the traffic impact analysis, so if we had continued business corridor light

00:53:14.400 --> 00:53:21.720
 industrial in that area, there would be substantially lower traffic impact going through Shady Oaks

00:53:21.720 --> 00:53:30.080
 turning at those corridors.

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

00:53:37.600 --> 00:53:41.920
 on the characteristics of especially 288 and Shady Oaks right there?

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

00:53:46.680 --> 00:53:50.240
 a little way cart in front of the horse there, but I mean --

00:53:50.240 --> 00:53:51.240
 Homes?

00:53:51.240 --> 00:53:52.240
 Like single-family homes?

00:53:52.240 --> 00:53:57.960
 That's what I thought I read on your slide, 1,000 homes.

00:53:57.960 --> 00:54:00.360
 Multifamily.

00:54:00.360 --> 00:54:01.360
 Oh, 1,000 multifamily.

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?

00:54:07.400 --> 00:54:12.600
 I could look up before the public hearing what the trips would be for a distribution.

00:54:12.600 --> 00:54:15.840
 But just remember, this isn't for a specific site plan.

00:54:15.840 --> 00:54:20.440
 So GEO and LI permit a variety of uses.

00:54:20.440 --> 00:54:26.080
 It wouldn't necessarily be a distribution center that might produce less traffic, although

00:54:26.080 --> 00:54:30.360
 it could produce additional truck traffic which could be conflicting with the passenger

00:54:30.360 --> 00:54:34.400
 cars you typically see on loop 288.

00:54:34.400 --> 00:54:41.360
 But so, you know, in GEO, it could develop with commercial uses which typically generate

00:54:41.360 --> 00:54:43.800
 more traffic than would a residential use.

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

00:54:48.040 --> 00:54:53.440
 there along Dutchess and the traffic impact and one of our concerns was putting a light

00:54:53.440 --> 00:54:54.440
 there.

00:54:54.440 --> 00:54:55.440
 What's the impact?

00:54:55.440 --> 00:54:58.720
 Will cars slow the flow along 288?

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

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

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

00:55:18.720 --> 00:55:23.520
 potential impacts are going to be gestalt and impacting each other and there's going

00:55:23.520 --> 00:55:30.280
 to be a cumulative effect on multiple developments degrading the traffic flow in that region

00:55:30.280 --> 00:55:34.360
 which won't happen from the government use to the east which will be lighter.

00:55:34.360 --> 00:55:40.240
 If this remained commercial, light industrial, it would be lighter.

00:55:40.240 --> 00:55:41.840
 You wouldn't see the kinds of traffic impacts.

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

00:55:48.840 --> 00:55:50.520
 kind of development.

00:55:50.520 --> 00:55:54.080
 Thank you.

00:55:54.080 --> 00:55:55.080
 >> Commissioner Bruneau.

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.

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,

00:56:06.640 --> 00:56:10.840
 basically that many family dwellings as well as shopping and everything right there where

00:56:10.840 --> 00:56:12.280
 it's empty.

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

00:56:19.040 --> 00:56:21.560
 complex and everything on Carina.

00:56:21.560 --> 00:56:26.740
 Actually you can come out from that area and then, you know, go across and turn.

00:56:26.740 --> 00:56:31.000
 It's extremely dangerous for people coming out there, you know.

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

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,

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

00:56:47.160 --> 00:56:50.240
 any more traffic into there without it becoming incredibly more dangerous.

00:56:50.240 --> 00:56:52.800
 >> Well, there is a light here at this location so --

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

00:56:57.360 --> 00:57:05.160
 below it because I often see people kind of doing, you know, white knuckle, you know.

00:57:05.160 --> 00:57:09.720
 >> And at this stage they haven't done the analysis to figure out where their access

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

00:57:16.160 --> 00:57:22.120
 the roadway network right now.

00:57:22.120 --> 00:57:23.120
 >> Any other questions?

00:57:23.120 --> 00:57:26.360
 Julie, I have one and I don't know if you have the answer for it.

00:57:26.360 --> 00:57:30.760
 West of this property, there's a radioactive thing going on.

00:57:30.760 --> 00:57:33.800
 Do we have an update on where that cleanup is?

00:57:33.800 --> 00:57:37.240
 I mean, I know it's been quite a legal mess from what I've read.

00:57:37.240 --> 00:57:38.240
 >> I do.

00:57:38.240 --> 00:57:39.240
 >> Yeah.

00:57:39.240 --> 00:57:40.240
 I love that.

00:57:40.240 --> 00:57:41.240
 >> So -- and thank you.

00:57:41.240 --> 00:57:42.240
 Yes.

00:57:42.240 --> 00:57:47.160
 So I did speak with a representative from the Texas Department of Health today.

00:57:47.160 --> 00:57:50.640
 And yes, there -- let me see if I can get to the property.

00:57:50.640 --> 00:57:51.640
 Yeah, this shows it.

00:57:51.640 --> 00:57:52.640
 Okay.

00:57:52.640 --> 00:57:54.560
 So we're talking about this side here which is about -- I measured it.

00:57:54.560 --> 00:58:01.840
 It's about 2,000 feet from the western boundary of the subject property.

00:58:01.840 --> 00:58:04.800
 There is radioactive contamination.

00:58:04.800 --> 00:58:09.480
 There was, I think, a medical use in this building right here.

00:58:09.480 --> 00:58:13.480
 According to the Texas Department of Health, they do monitor it.

00:58:13.480 --> 00:58:17.400
 The cleanup has not been done yet.

00:58:17.400 --> 00:58:24.040
 But they are pushing that it will be cleaned up at some point in the future.

00:58:24.040 --> 00:58:30.040
 The contamination is contained inside the building.

00:58:30.040 --> 00:58:35.440
 And they have not found any evidence of any contamination outside of the property.

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

00:58:41.040 --> 00:58:46.000
 I spoke with today, it would not -- there's not any contamination outside of that.

00:58:46.000 --> 00:58:47.000
 >> Okay.

00:58:47.000 --> 00:58:48.560
 Do you know how often they monitor it?

00:58:48.560 --> 00:58:49.960
 Did they happen to tell you?

00:58:49.960 --> 00:58:50.960
 >> They did not tell me that.

00:58:50.960 --> 00:58:53.520
 >> But just on a consistent basis to make sure that that is nothing.

00:58:53.520 --> 00:58:55.400
 And that's mainly what I wanted to know.

00:58:55.400 --> 00:58:57.760
 Has there been any seeping out?

00:58:57.760 --> 00:58:58.760
 Okay.

00:58:58.760 --> 00:59:00.120
 Thank you for getting that information.

00:59:00.120 --> 00:59:01.120
 >> Sure.

00:59:01.120 --> 00:59:02.120
 You bet.

00:59:02.120 --> 00:59:03.120
 >> Just one quick question following that up.

00:59:03.120 --> 00:59:04.120
 Thank you, Chair.

00:59:04.120 --> 00:59:06.560
 Do we -- and this is just an education question.

00:59:06.560 --> 00:59:09.280
 Do we know what kind of radiologicals were in that facility?

00:59:09.280 --> 00:59:11.160
 >> I do not know that.

00:59:11.160 --> 00:59:12.160
 >> Okay.

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?

00:59:18.680 --> 00:59:19.680
 >> No.

00:59:19.680 --> 00:59:21.600
 >> I don't expect you to be an expert on this.

00:59:21.600 --> 00:59:23.560
 But you might have run across it in your research.

00:59:23.560 --> 00:59:24.560
 >> I didn't.

00:59:24.560 --> 00:59:25.560
 >> Okay.

00:59:25.560 --> 00:59:26.560
 Thank you.

00:59:26.560 --> 00:59:27.560
 >> Commissioner Cole.

00:59:27.560 --> 00:59:28.560
 >> Thank you, Chair.

00:59:28.560 --> 00:59:31.160
 Isn't that a pharmaceutical grade plant or --

00:59:31.160 --> 00:59:32.160
 >> It was medical.

00:59:32.160 --> 00:59:33.160
 >> Medical.

00:59:33.160 --> 00:59:34.160
 >> Yeah.

00:59:34.160 --> 00:59:35.440
 >> That's what I read.

00:59:35.440 --> 00:59:39.840
 I looked up some articles in the Ditmecker Chronicle, and that was my understanding.

00:59:39.840 --> 00:59:40.840
 >> Okay.

00:59:40.840 --> 00:59:41.840
 Thank you, Julie.

00:59:41.840 --> 00:59:42.840
 >> You bet.

00:59:42.840 --> 00:59:43.840
 >> Okay.

00:59:43.840 --> 01:00:05.040
 So we'll come back to our public hearing B, I think, if Cindy is here.

01:00:05.040 --> 01:00:33.960
 >> Okay, Z21 is a

01:00:33.960 --> 01:00:52.480
 request for approval -- it's not widening out -- there, Z20-0001.

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,

01:00:59.320 --> 01:01:02.120
 to the mixed-use and zoning district.

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

01:01:10.840 --> 01:01:14.640
 196 feet northwest of Thunderbird Drive.

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

01:01:20.680 --> 01:01:25.280
 here.

01:01:25.280 --> 01:01:30.080
 This is a comparison of the current zoning map and the proposed zoning map.

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

01:01:36.840 --> 01:01:41.440
 to the east and the south, and then north, it's got the MN zoning district.

01:01:41.440 --> 01:01:46.780
 If this is approved, the zoning map reflects the MN zoning district, which would be an

01:01:46.780 --> 01:01:55.000
 extension of the MN zoning district that is located to the north of the site.

01:01:55.000 --> 01:01:56.720
 Here we have the concept plan.

01:01:56.720 --> 01:02:02.880
 It has been a bit refined since the one was drawn that is in your packet.

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

01:02:07.720 --> 01:02:14.640
 text up when the I-35 widens.

01:02:14.640 --> 01:02:19.320
 This plan is actually a reflection of two neighborhood meetings that the applicant had

01:02:19.320 --> 01:02:22.280
 with the surrounding neighborhood.

01:02:22.280 --> 01:02:28.600
 The neighborhood did not want to have buildings adjacent directly to their property.

01:02:28.600 --> 01:02:33.680
 They wanted to have a buffer of the parking lot between the buildings.

01:02:33.680 --> 01:02:41.560
 So we have the parking area here between the building and the residential.

01:02:41.560 --> 01:02:47.640
 We also have an EMS access gate only here at Colonial.

01:02:47.640 --> 01:02:54.280
 The neighborhood was concerned about traffic along Colonial, therefore the applicant has

01:02:54.280 --> 01:03:00.640
 offered to gate Colonial and have it available only for EMS access.

01:03:00.640 --> 01:03:07.720
 The main access to the site will be from the I-35 service road.

01:03:07.720 --> 01:03:14.560
 We have general criteria for approval, which I went through in your packet.

01:03:14.560 --> 01:03:21.720
 I'm going to focus on the zoning criteria for approval in section 272D.

01:03:21.720 --> 01:03:25.280
 The first is related to the Denton plan.

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

01:03:33.080 --> 01:03:34.920
 for many years.

01:03:34.920 --> 01:03:39.500
 Low density residential is intended for residential neighbors with a density between one to four

01:03:39.500 --> 01:03:41.880
 dwelling units per acre.

01:03:41.880 --> 01:03:53.120
 Now the site does not comply with this low residential designation.

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

01:03:58.920 --> 01:04:08.040
 road directly adjacent to the residences to the southeast eliminates a buffer.

01:04:08.040 --> 01:04:14.440
 There used to be a significant buffer here along the I-35 between the residences and

01:04:14.440 --> 01:04:17.320
 the highway.

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

01:04:21.520 --> 01:04:26.360
 get even closer once they expand it to the full potential.

01:04:26.360 --> 01:04:33.560
 It's highly unlikely that large lot single family homes are going to develop along the

01:04:33.560 --> 01:04:36.760
 I-35 right of way.

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.

01:04:44.000 --> 01:04:48.920
 It will provide a transition and a buffer between the surrounding single family to the

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.

01:05:02.120 --> 01:05:04.560
 Criteria two, consistent with relevant small area plans.

01:05:04.560 --> 01:05:08.960
 Well, there are no small area plans for this location.

01:05:08.960 --> 01:05:13.720
 Criteria three, consistent with the purpose statement of the proposed district.

01:05:13.720 --> 01:05:21.200
 The MN district is created to support compatibility between higher density mixed use areas and

01:05:21.200 --> 01:05:23.520
 residential and commercial areas.

01:05:23.520 --> 01:05:33.160
 The applicant is proposing an office use and he's proposing some low intensity neighborhood

01:05:33.160 --> 01:05:46.280
 retail restaurant in the row of offices along the front, specifically these two right here.

01:05:46.280 --> 01:05:54.880
 The remaining will be offices.

01:05:54.880 --> 01:05:58.160
 Criteria four, there have been or will be significant changes in the area to warrant

01:05:58.160 --> 01:05:59.160
 a zoning change.

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.

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

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

01:06:20.480 --> 01:06:25.880
 part of this property and all of the remaining property along I-35.

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

01:06:31.960 --> 01:06:41.560
 not be appropriate for large scale, large lot residential housing.

01:06:41.560 --> 01:06:45.880
 The intensity of new development permitted by the requesting zoning district is not expected

01:06:45.880 --> 01:06:49.840
 to create significantly adverse effects to the surrounding areas.

01:06:49.840 --> 01:06:57.160
 In working with the neighborhood, the applicant has ensured that there will be low impact

01:06:57.160 --> 01:06:58.600
 to the area.

01:06:58.600 --> 01:07:02.940
 With regards to the streets, the applicant's proposal to date Colonial and limit access

01:07:02.940 --> 01:07:15.200
 to emergency medical services only will help with the impacts on the properties along Colonial.

01:07:15.200 --> 01:07:19.320
 The site will only be accessed from the I-35 service road.

01:07:19.320 --> 01:07:22.640
 For water and waste water, it is available in Colonial right now.

01:07:22.640 --> 01:07:28.120
 No extension of the water or sewer will be required for this.

01:07:28.120 --> 01:07:34.520
 Parks, this is not a residential use and proximity to parks is not required.

01:07:34.520 --> 01:07:41.560
 Schools, the subject site is not residential and will not impact the student population.

01:07:41.560 --> 01:07:47.080
 And fire station, the subject property is approximately 1.2 miles from fire station

01:07:47.080 --> 01:07:52.200
 number five on Windsor which is within the eight miles or less response time boundary.

01:07:52.200 --> 01:08:00.060
 Now the applicant in working with the property owners has also proposed an overlay district.

01:08:00.060 --> 01:08:08.320
 He worked with the applicant on various restrictions on use and the applicant will present that

01:08:08.320 --> 01:08:09.320
 to you.

01:08:09.320 --> 01:08:16.580
 I did not have this information when your staff report was written.

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

01:08:26.120 --> 01:08:31.520
 in support of this request as long as the conditions of approval that the applicant

01:08:31.520 --> 01:08:36.080
 will be presenting are part of the approval.

01:08:36.080 --> 01:08:40.920
 Now I'm having printer problems.

01:08:40.920 --> 01:08:44.640
 That's why I wasn't here when you first got to my case.

01:08:44.640 --> 01:08:47.080
 However, I do have them to give to you.

01:08:47.080 --> 01:08:51.520
 I just need to access a printer that will print them out properly.

01:08:51.520 --> 01:08:53.160
 What is it that you have to give to us, Cindy?

01:08:53.160 --> 01:08:54.160
 Pardon me?

01:08:54.160 --> 01:08:55.160
 What do you have to give to us?

01:08:55.160 --> 01:08:56.160
 The responses?

01:08:56.160 --> 01:08:57.160
 Yes.

01:08:57.160 --> 01:08:58.160
 I see.

01:08:58.160 --> 01:08:59.160
 Okay.

01:08:59.160 --> 01:09:02.320
 Staff is recommending approval of this request.

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

01:09:09.200 --> 01:09:12.400
 Code.

01:09:12.400 --> 01:09:15.320
 That concludes my presentation.

01:09:15.320 --> 01:09:19.240
 So Cindy, I have a question.

01:09:19.240 --> 01:09:21.280
 Yes.

01:09:21.280 --> 01:09:26.360
 So the request is a zoning change to MN.

01:09:26.360 --> 01:09:28.320
 Yes.

01:09:28.320 --> 01:09:32.200
 But there's really no way to guarantee the neighborhood these protections that you pointed

01:09:32.200 --> 01:09:33.820
 out, correct?

01:09:33.820 --> 01:09:39.040
 Like that Colonial would just be the crash gate and that the parking would be such.

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

01:09:46.480 --> 01:09:47.480
 we can do this.

01:09:47.480 --> 01:09:52.000
 We don't have an instrument to really condition an MN zoning.

01:09:52.000 --> 01:09:59.600
 The only thing that we can do is approve the restrictions, the overlay restrictions, approve

01:09:59.600 --> 01:10:09.080
 the zoning for the overlay restrictions that would memorialize the use restrictions and

01:10:09.080 --> 01:10:12.480
 the gated accesses in that as well.

01:10:12.480 --> 01:10:18.320
 But we don't have that ability, do we?

01:10:18.320 --> 01:10:23.560
 In the old DDC, we used to have the mixed use overlay district.

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

01:10:31.920 --> 01:10:39.120
 were put in place, and I think that was a previous determination from legal that council

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

01:10:44.080 --> 01:10:49.680
 ability to put an overlay zone, further restricting property.

01:10:49.680 --> 01:10:52.640
 We're not necessarily recommending it.

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.

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

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

01:11:16.520 --> 01:11:17.520
 the way our code is, correct?

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,

01:11:22.240 --> 01:11:28.200
 step out and authorize the -- Right, and the applicant was informed that

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.

01:11:35.640 --> 01:11:37.640
 Okay.

01:11:37.640 --> 01:11:39.120
 I guess I'm just confused.

01:11:39.120 --> 01:11:42.720
 So council would have to initialize an overlay?

01:11:42.720 --> 01:11:43.720
 Correct.

01:11:43.720 --> 01:11:50.840
 So possibly we could recommend approval if --

01:11:50.840 --> 01:11:53.280
 Probably consider an overlay restriction.

01:11:53.280 --> 01:11:54.280
 Okay.

01:11:54.280 --> 01:11:56.640
 It's very, very strange.

01:11:56.640 --> 01:11:57.640
 Okay.

01:11:57.640 --> 01:11:59.040
 Commissioner Beck.

01:11:59.040 --> 01:12:00.040
 Thank you, Chair.

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

01:12:10.960 --> 01:12:15.480
 that sort of recommendation going forward to council?

01:12:15.480 --> 01:12:23.880
 Can we say, you know, approve with the condition that council does it with an overlay?

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

01:12:27.240 --> 01:12:34.000
 that long, so -- Commissioner Beck, you could make a recommendation

01:12:34.000 --> 01:12:42.040
 for the zoning change with the conditions, but has the developer provided those conditions?

01:12:42.040 --> 01:12:43.040
 Yes.

01:12:43.040 --> 01:12:44.040
 Yes.

01:12:44.040 --> 01:12:47.920
 He will provide them.

01:12:47.920 --> 01:12:52.160
 That's what the recommendation would be, identifying those specific conditions.

01:12:52.160 --> 01:12:56.520
 And they're attached -- there's a copy attached to the responses, too.

01:12:56.520 --> 01:13:00.840
 I just need to get those printed out.

01:13:00.840 --> 01:13:03.600
 Okay.

01:13:03.600 --> 01:13:15.520
 And then council, then, in order to have an instrument to -- that we could enforce those

01:13:15.520 --> 01:13:18.680
 would have to be the initialization of an overlay.

01:13:18.680 --> 01:13:20.400
 Is that -- am I understanding that correctly?

01:13:20.400 --> 01:13:21.400
 Right.

01:13:21.400 --> 01:13:26.840
 It would be something called conditional zoning, where you just attach conditions to the rezoning.

01:13:26.840 --> 01:13:27.840
 Yeah.

01:13:27.840 --> 01:13:31.920
 Like we've done before.

01:13:31.920 --> 01:13:34.440
 Okay.

01:13:34.440 --> 01:13:41.840
 We used to have -- prior to the 2002 code, we had -- the way we indicated conditional

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

01:13:50.640 --> 01:13:52.120
 there were overlay conditions.

01:13:52.120 --> 01:13:53.120
 Right.

01:13:53.120 --> 01:13:55.840
 And I definitely understand the past.

01:13:55.840 --> 01:14:00.520
 I thought we were moving all of that into PDs.

01:14:00.520 --> 01:14:03.680
 And so I didn't think we had a mechanism for conditional zoning.

01:14:03.680 --> 01:14:09.640
 So I guess if we still do, that's my confusion, then.

01:14:09.640 --> 01:14:11.000
 Correct.

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

01:14:16.320 --> 01:14:25.760
 this what I would like to call common law authority under just our zoning enabling act

01:14:25.760 --> 01:14:29.280
 that would allow -- So not necessarily built into our code, but that is a --

01:14:29.280 --> 01:14:30.280
 Right.

01:14:30.280 --> 01:14:31.280
 That's --

01:14:31.280 --> 01:14:35.720
 If you so choose to make those conditions part of your recommendation.

01:14:35.720 --> 01:14:36.720
 Understood.

01:14:36.720 --> 01:14:37.720
 Okay.

01:14:37.720 --> 01:14:38.720
 Commissioner Beck.

01:14:38.720 --> 01:14:39.720
 So a different question.

01:14:39.720 --> 01:14:41.600
 Can we go back to the concept plan figure?

01:14:41.600 --> 01:14:42.600
 Sure.

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

01:14:48.360 --> 01:14:49.360
 I-35.

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

01:14:55.520 --> 01:15:04.400
 have that much -- that little of an easement of a buffer between 35 and the building?

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

01:15:09.480 --> 01:15:10.680
 like that, are we?

01:15:10.680 --> 01:15:13.280
 Well, it's TechStat that's doing it.

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

01:15:18.960 --> 01:15:21.200
 consider what they've told us they're going to do.

01:15:21.200 --> 01:15:22.200
 Oh, sure.

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

01:15:29.040 --> 01:15:38.760
 part of the point system is a front buffer that they can add 10 feet.

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

01:15:44.920 --> 01:15:45.920
 you understand --

01:15:45.920 --> 01:15:46.920
 That's going to be service road.

01:15:46.920 --> 01:15:47.920
 Okay.

01:15:47.920 --> 01:15:49.960
 I think it's important to note that this is just a concept plan.

01:15:49.960 --> 01:15:52.360
 They still need to comply with setback requirements.

01:15:52.360 --> 01:15:53.840
 There's minimum easement requirements.

01:15:53.840 --> 01:15:57.720
 So that will all get factored in after that right-of-way dedication at that time.

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

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

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

01:16:11.640 --> 01:16:17.680
 to keep something like this layout, and then that gets into this agreement that they discussed

01:16:17.680 --> 01:16:20.960
 with the neighbors about the buffer parking.

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

01:16:26.440 --> 01:16:33.880
 if TextDOT ends up causing a thing that dominoes this all backwards.

01:16:33.880 --> 01:16:34.880
 That's my concern.

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

01:16:38.720 --> 01:16:39.720
 zoning regulations.

01:16:39.720 --> 01:16:40.720
 No.

01:16:40.720 --> 01:16:41.720
 It's a concept plan.

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.

01:16:51.960 --> 01:16:53.160
 All right.

01:16:53.160 --> 01:16:54.160
 Thank you.

01:16:54.160 --> 01:16:55.160
 Sure.

01:16:55.160 --> 01:16:56.160
 That's why I put it in your packet.

01:16:56.160 --> 01:16:57.160
 I think the amendment is fine.

01:16:57.160 --> 01:16:58.160
 I think the amendment is fine.

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.

01:17:07.880 --> 01:17:09.360
 Any other questions for Cindy?

01:17:09.360 --> 01:17:10.360
 Okay.

01:17:10.360 --> 01:17:11.360
 Thank you, Cindy.

01:17:11.360 --> 01:17:12.360
 You're welcome.

01:17:12.360 --> 01:17:13.360
 Okay.

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.

01:17:18.840 --> 01:17:24.200
 We will reconvene at 630 in council chambers.

01:17:24.200 --> 01:17:29.240
 Good evening.

01:17:29.240 --> 01:17:30.240
 Thank you for your patience.

01:17:30.240 --> 01:17:35.960
 Welcome to the City of Denton's planning and zoning meeting for Wednesday, March 4th, 2020.

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

01:17:42.520 --> 01:17:46.280
 Rozell and Commissioner Anderson are absent.

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

01:17:51.080 --> 01:17:52.080
 flag.

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

01:18:09.400 --> 01:18:21.000
 which it stands, one nation under God, indivisible, with liberty and justice for all.

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

01:18:28.640 --> 01:18:32.680
 up some public hearing items.

01:18:32.680 --> 01:18:39.720
 Public hearing 5A, as noted on the agenda, will be postponed to 318.

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

01:18:48.280 --> 01:18:54.080
 to postpone that to a date certain of March 18th.

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

01:19:05.360 --> 01:19:07.520
 8th.

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.

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

01:19:23.440 --> 01:19:31.440
 items, they will be looking to be postponed this evening.

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

01:19:37.680 --> 01:19:41.840
 for February 19th, and the chair will entertain a motion.

01:19:41.840 --> 01:19:42.840
 Commissioner Smith?

01:19:42.840 --> 01:19:44.800
 Move to approve.

01:19:44.800 --> 01:19:45.800
 Commissioner Prunetta?

01:19:45.800 --> 01:19:46.800
 Second.

01:19:46.800 --> 01:19:51.040
 Commissioner Prunetta, first and a second for approval, any discussion?

01:19:51.040 --> 01:20:03.800
 Seeing none, let's call for a vote on the board.

01:20:03.800 --> 01:20:06.360
 That motion carries 5-0.

01:20:06.360 --> 01:20:09.520
 Next is our consent agenda.

01:20:09.520 --> 01:20:12.960
 Chair, Commissioner Beck?

01:20:12.960 --> 01:20:15.120
 Yes, thank you, Chair.

01:20:15.120 --> 01:20:22.560
 I'd like to make a motion to pull item 3D for individual consideration.

01:20:22.560 --> 01:20:28.000
 Motion on the floor is to pull item D out of consent for individual consideration.

01:20:28.000 --> 01:20:29.000
 Commissioner Prunetta?

01:20:29.000 --> 01:20:30.000
 Second.

01:20:30.000 --> 01:20:35.320
 Got a first and a second to remove item D from consent agenda to individual consideration.

01:20:35.320 --> 01:20:36.320
 Any discussion?

01:20:36.320 --> 01:20:49.820
 Let's call for a vote on the board.

01:20:49.820 --> 01:20:53.720
 That motion carries 4-1.

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.

01:21:03.000 --> 01:21:04.000
 Commissioner Smith?

01:21:04.000 --> 01:21:05.960
 Move to approve.

01:21:05.960 --> 01:21:06.960
 Commissioner Prunetta?

01:21:06.960 --> 01:21:07.960
 Second.

01:21:07.960 --> 01:21:15.000
 Got a first and a second to approve consent agenda items A through C. Any discussion?

01:21:15.000 --> 01:21:24.440
 Let's call for a vote on the board, please.

01:21:24.440 --> 01:21:28.400
 Motion carries 5-0.

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.

01:21:35.880 --> 01:21:38.040
 Individual consideration item.

01:21:38.040 --> 01:21:39.600
 Commissioner Beck?

01:21:39.600 --> 01:21:41.600
 Yes, thank you, Chair.

01:21:41.600 --> 01:21:45.400
 I motion to deny.

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.

01:21:54.680 --> 01:22:00.000
 I don't think that they've suitably been addressed by the backup material.

01:22:00.000 --> 01:22:08.360
 Motion on the floor is to deny the preliminary plat PP190038A.

01:22:08.360 --> 01:22:09.360
 Commissioner Prunetta?

01:22:09.360 --> 01:22:10.360
 Second.

01:22:10.360 --> 01:22:11.360
 Okay.

01:22:11.360 --> 01:22:13.320
 The motion on the floor.

01:22:13.320 --> 01:22:21.160
 If I may, under House Bill 3167, there needs to be findings, specific findings, referencing

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

01:22:26.840 --> 01:22:31.080
 would just recommend, and perhaps Cynthia, City Attorney, can provide additional commentary,

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.

01:22:41.360 --> 01:22:42.360
 That is correct.

01:22:42.360 --> 01:22:43.360
 I concur.

01:22:43.360 --> 01:22:53.560
 So the mover, Commissioner Beck, you have to identify specific findings supporting your

01:22:53.560 --> 01:22:58.600
 motion for denial, this item?

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,

01:23:04.480 --> 01:23:12.160
 so I won't be able to cite chapter and verse on that at the moment.

01:23:12.160 --> 01:23:15.760
 So with that, we do not.

01:23:15.760 --> 01:23:16.760
 Motion is withdrawn.

01:23:16.760 --> 01:23:20.240
 Okay, looking for a motion.

01:23:20.240 --> 01:23:21.240
 Commissioner Smith?

01:23:21.240 --> 01:23:24.740
 To approve.

01:23:24.740 --> 01:23:25.740
 Motion to approve.

01:23:25.740 --> 01:23:26.740
 Commissioner Cole?

01:23:26.740 --> 01:23:27.740
 Second.

01:23:27.740 --> 01:23:32.960
 Got a first and a second to approve preliminary plat, PP190038A.

01:23:32.960 --> 01:23:33.960
 Any discussion?

01:23:33.960 --> 01:23:34.960
 Okay.

01:23:34.960 --> 01:23:41.960
 Let's vote on the board.

01:23:41.960 --> 01:23:55.480
 3-2, that is a denial of the preliminary plat.

01:23:55.480 --> 01:24:04.120
 No, my motion was to approve.

01:24:04.120 --> 01:24:05.820
 Motion was withdrawn, and then I made a motion to approve.

01:24:05.820 --> 01:24:07.160
 Four votes are needed in order to make a motion.

01:24:07.160 --> 01:24:08.160
 Got you.

01:24:08.160 --> 01:24:09.160
 Okay.

01:24:09.160 --> 01:24:10.160
 Understood.

01:24:10.160 --> 01:24:21.680
 Okay, that moves us to item 4A on our agenda.

01:24:21.680 --> 01:24:23.000
 That is FP20003.

01:24:23.000 --> 01:24:43.640
 I will invite Haley Zygursky down.

01:24:43.640 --> 01:24:44.640
 Good evening.

01:24:44.640 --> 01:24:50.440
 This request is a final plat of one lot for the Denton County Emergency Operations Center.

01:24:50.440 --> 01:24:54.440
 The property is located at the intersection of Karina and Kimberly Drive.

01:24:54.440 --> 01:24:57.680
 At this time, staff is recommending denial for the reasons that are outlined in your

01:24:57.680 --> 01:24:58.680
 backup.

01:24:58.680 --> 01:25:02.160
 However, the applicant has requested a 30-day extension.

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

01:25:05.140 --> 01:25:06.140
 18th agenda.

01:25:06.140 --> 01:25:09.960
 And I'm happy to stand for any questions.

01:25:09.960 --> 01:25:10.980
 I don't see any, Haley.

01:25:10.980 --> 01:25:15.120
 Thank you.

01:25:15.120 --> 01:25:17.880
 Chair will entertain a motion for this item.

01:25:17.880 --> 01:25:18.880
 Commissioner Smith?

01:25:18.880 --> 01:25:22.880
 I make a motion to approve the extension to March 18th, 2020.

01:25:22.880 --> 01:25:23.880
 Commissioner Preneta?

01:25:23.880 --> 01:25:24.880
 I second the motion.

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

01:25:31.320 --> 01:25:32.320
 Smith.

01:25:32.320 --> 01:25:33.320
 Is that correct?

01:25:33.320 --> 01:25:34.320
 March 18th.

01:25:34.320 --> 01:25:35.320
 Any discussion?

01:25:35.320 --> 01:25:36.320
 Okay.

01:25:36.320 --> 01:25:45.320
 Let's vote on the board.

01:25:45.320 --> 01:25:47.440
 Motion carries 5-0.

01:25:47.440 --> 01:25:52.840
 That moves us to item B, FP 2000-004.

01:25:52.840 --> 01:25:54.840
 Bring up Julie Wyatt for that one.

01:25:54.840 --> 01:26:02.320
 The request before you is for a final plot for a residential subdivision of 187 lots

01:26:02.320 --> 01:26:05.840
 for the phase one of the Townsend Green subdivision.

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

01:26:14.680 --> 01:26:15.680
 denial.

01:26:15.680 --> 01:26:21.720
 The applicant, however, has requested a 30-day extension to the March 18th planning and zoning

01:26:21.720 --> 01:26:22.720
 commission meeting.

01:26:22.720 --> 01:26:23.720
 Thank you, Julie.

01:26:23.720 --> 01:26:24.720
 Commissioner Smith?

01:26:24.720 --> 01:26:30.400
 I make a motion to approve the extension to March 18th, 2020.

01:26:30.400 --> 01:26:31.400
 Commissioner Cole?

01:26:31.400 --> 01:26:32.400
 Second.

01:26:32.400 --> 01:26:33.400
 Okay.

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.

01:26:41.280 --> 01:26:43.440
 Any discussion?

01:26:43.440 --> 01:26:45.440
 Seeing none, I'll call for a vote on the board.

01:26:45.440 --> 01:26:46.560
 Motion carries 5-0.

01:26:46.560 --> 01:27:02.040
 That brings us to item C, FP 2000-005, and Sean Jacobson will present this item.

01:27:02.040 --> 01:27:06.280
 Good evening, Chair, members of the commission.

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

01:27:12.920 --> 01:27:14.960
 Park addition.

01:27:14.960 --> 01:27:19.640
 This has not met all of the criteria for approval as outlined in your backup.

01:27:19.640 --> 01:27:20.640
 Staff is recommending denial.

01:27:20.640 --> 01:27:25.160
 The applicant has requested an extension to March 18th.

01:27:25.160 --> 01:27:27.960
 Thank you, Sean.

01:27:27.960 --> 01:27:31.880
 Chair will entertain a motion on this item.

01:27:31.880 --> 01:27:33.320
 Commissioner Smith?

01:27:33.320 --> 01:27:40.240
 Make a motion to approve the extension to date certain of March 18th, 2020.

01:27:40.240 --> 01:27:41.240
 Commissioner Cole?

01:27:41.240 --> 01:27:42.240
 Second.

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.

01:27:46.880 --> 01:27:49.560
 Any discussion?

01:27:49.560 --> 01:27:57.880
 Seeing none, I'll call for a vote on the board.

01:27:57.880 --> 01:28:01.520
 Motion carries 5-0.

01:28:01.520 --> 01:28:06.600
 That moves us into our public hearing section for today's meeting.

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.

01:28:17.400 --> 01:28:28.000
 That will bring us to item B, Z20-0001A, and Cindy Jackson will present this item.

01:28:28.000 --> 01:28:33.400
 Thank you, Madam Chair, commissioners.

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

01:28:40.120 --> 01:28:42.960
 to the Misuse Zoning District MN.

01:28:42.960 --> 01:28:49.520
 The property is located on the northeast side of I-35, approximately 196 feet northwest of

01:28:49.520 --> 01:28:51.760
 Thunderbird Drive, which is located here.

01:28:51.760 --> 01:28:57.920
 And I want to point out, just for context, University Drive is located right down here.

01:28:57.920 --> 01:29:03.240
 Here you see a comparison of the current zoning map.

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.

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

01:29:14.960 --> 01:29:20.520
 the MN Zoning District located to the north.

01:29:20.520 --> 01:29:24.360
 Here's the concept plan that the applicant has provided.

01:29:24.360 --> 01:29:31.080
 It is a result of two neighborhood meetings with the surrounding neighborhood.

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

01:29:37.520 --> 01:29:45.760
 residential properties and a crash, excuse me, an emergency access gate at Colonial that

01:29:45.760 --> 01:29:49.680
 will have EMS access only.

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

01:29:53.840 --> 01:29:55.400
 of right of way.

01:29:55.400 --> 01:30:02.420
 The only access to the site would be from the I-35 service road.

01:30:02.420 --> 01:30:09.560
 We have general approval criteria for all applications that I went through in your backup

01:30:09.560 --> 01:30:16.680
 from Section 245E, and we have zoning criteria for approval from Section 272D, and that's

01:30:16.680 --> 01:30:19.760
 what I will focus on.

01:30:19.760 --> 01:30:22.400
 The first criteria is the Denton Plan 2030.

01:30:22.400 --> 01:30:28.400
 The site is designated as low residential, which is intended for residential neighborhoods

01:30:28.400 --> 01:30:32.920
 with a density of between one to four dwelling units per acre.

01:30:32.920 --> 01:30:39.620
 The site does not, the request does not comply with this R2 zoning requirement.

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

01:30:44.240 --> 01:30:49.180
 this property, one in 1973 and one in 1993 to office.

01:30:49.180 --> 01:30:51.840
 These were both denied at the time.

01:30:51.840 --> 01:30:58.760
 That was appropriate, given the facts of the site.

01:30:58.760 --> 01:31:08.120
 There was an extensive buffer between the I-35 and the residential area, however, with

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

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

01:31:24.800 --> 01:31:31.160
 an ideal location to have large lot single family neighborhood.

01:31:31.160 --> 01:31:35.640
 For this reason, the MN zoning district would be a good alternative for this site.

01:31:35.640 --> 01:31:44.920
 It will provide a buffer to the surrounding neighborhoods from the I-35 freeway.

01:31:44.920 --> 01:31:53.480
 Criteria two, consistent with relevant small area plans, there are none for this area.

01:31:53.480 --> 01:31:58.680
 Criteria three, consistent with the purpose statement of the proposed zoning district.

01:31:58.680 --> 01:32:07.760
 The proposed rezoning is MN and the MN zoning, as I noted previously, is consistent with

01:32:07.760 --> 01:32:08.760
 the purpose statement.

01:32:08.760 --> 01:32:15.680
 The applicant intends to develop garden offices and neighborhood retail uses such as small

01:32:15.680 --> 01:32:18.540
 restaurants.

01:32:18.540 --> 01:32:24.880
 This will provide a good buffer area between the surrounding single family and the noise

01:32:24.880 --> 01:32:30.960
 of the highway.

01:32:30.960 --> 01:32:35.760
 Criteria four, is there having or will be a significant change to warrant the zoning

01:32:35.760 --> 01:32:36.760
 change?

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

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

01:32:51.680 --> 01:32:56.480
 away from this, bringing the service road closer to the neighborhood, closer to whatever

01:32:56.480 --> 01:33:02.920
 will develop on this site.

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

01:33:09.240 --> 01:33:13.840
 expanding at some point, but we did not know it would be so soon.

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

01:33:24.680 --> 01:33:27.680
 appropriate.

01:33:27.680 --> 01:33:31.760
 The intensity of new development permitted by the requested zoning district is not expected

01:33:31.760 --> 01:33:36.320
 to create significantly adverse impacts to the surrounding areas.

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

01:33:42.240 --> 01:33:47.400
 only will lessen traffic along Colonial.

01:33:47.400 --> 01:33:53.020
 The site will only be accessed on I-35.

01:33:53.020 --> 01:33:56.640
 There would be minimal impacts to the surrounding street network.

01:33:56.640 --> 01:34:01.120
 Water and waste water, public water and waste water, is available from Colonial Drive.

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.

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

01:34:11.040 --> 01:34:16.000
 proximity is not a condition of approval.

01:34:16.000 --> 01:34:19.880
 With regards to schools, the subject site is not residential and will not impact the

01:34:19.880 --> 01:34:23.120
 student population.

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

01:34:28.180 --> 01:34:35.200
 five on West Windsor Drive within the eight minute or less response time.

01:34:35.200 --> 01:34:41.480
 The applicant in meeting last week met with the neighborhood again and in working with

01:34:41.480 --> 01:34:47.320
 the neighborhood, crafted a set of overlay restrictions which restricts use.

01:34:47.320 --> 01:34:54.360
 I gave you a copy along with the notifications.

01:34:54.360 --> 01:34:58.680
 It was the lot final sheet on the notifications that I gave you.

01:34:58.680 --> 01:35:04.480
 The applicant will go into this proposal more.

01:35:04.480 --> 01:35:09.520
 Notifications were sent out within 200 and 500 feet, a newspaper ad was placed and signs

01:35:09.520 --> 01:35:12.100
 were posted on the site.

01:35:12.100 --> 01:35:16.440
 We received four responses in favor of the request.

01:35:16.440 --> 01:35:25.560
 Three of those responses said their support was conditioned on the approval of the overlay

01:35:25.560 --> 01:35:29.400
 restrictions that were crafted at the meeting last week.

01:35:29.400 --> 01:35:32.640
 And two neighborhood meetings were held.

01:35:32.640 --> 01:35:36.400
 Staff recommends approval of this request as it conforms with the criteria in section

01:35:36.400 --> 01:35:44.360
 2.45E and section 272D of the Denton Development Code for approval of a zoning change.

01:35:44.360 --> 01:35:47.120
 That completes my presentation.

01:35:47.120 --> 01:35:51.640
 And the applicant is present to answer any questions.

01:35:51.640 --> 01:35:53.640
 >> Thank you, Cindy.

01:35:53.640 --> 01:35:57.760
 I will open the public hearing for this item.

01:35:57.760 --> 01:36:02.720
 And Commissioner Beck, Cindy, I believe Commissioner Beck does have a question for you.

01:36:02.720 --> 01:36:03.720
 >> Yes, thank you.

01:36:03.720 --> 01:36:10.440
 Did I understand earlier, maybe I'm mixing up your reports, that they had proposed restaurant

01:36:10.440 --> 01:36:12.440
 in one of the plans?

01:36:12.440 --> 01:36:19.520
 Do I remember that correctly, or is this- >> They are proposing both offices and

01:36:19.520 --> 01:36:23.600
 small scale neighborhood retail and restaurant.

01:36:23.600 --> 01:36:29.320
 And per the overlay district conditions, those commercial and

01:36:29.320 --> 01:36:32.320
 restaurant uses would only be permitted in these two buildings.

01:36:32.320 --> 01:36:36.640
 They're restricted from buildings along the residential area.

01:36:36.640 --> 01:36:42.040
 >> So then, for the conditions that you handed out to us,

01:36:42.040 --> 01:36:48.720
 staff is okay with these conditions, because I noticed a number of them preclude taverns,

01:36:48.720 --> 01:36:52.760
 food courts, food processing, and I wonder- >> Commissioner Beck, why don't we hold off

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

01:36:57.000 --> 01:36:58.000
 applicant does.

01:36:58.000 --> 01:36:59.000
 >> Okay, sure.

01:36:59.000 --> 01:37:00.280
 >> So why don't we hold back discussion on that?

01:37:00.280 --> 01:37:03.200
 >> I'd be happy to, thank you, Chair.

01:37:03.200 --> 01:37:05.200
 >> Any other questions for Cindy?

01:37:05.200 --> 01:37:08.160
 Okay, thanks, Cindy.

01:37:08.160 --> 01:37:11.960
 Okay, this is a public hearing.

01:37:11.960 --> 01:37:16.360
 I do have cards for people to speak.

01:37:16.360 --> 01:37:20.360
 And the first one will be the applicant, Mr. Lee Allison.

01:37:20.360 --> 01:37:24.960
 >> Good evening, thank you.

01:37:24.960 --> 01:37:25.960
 >> Thanks.

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.

01:37:31.040 --> 01:37:33.240
 There we go.

01:37:33.240 --> 01:37:39.400
 I'm in the upper right hand corner.

01:37:39.400 --> 01:37:47.520
 Super, thank you.

01:37:47.520 --> 01:37:50.760
 Technologically passed me 20 years ago, so I'm still trying to catch up.

01:37:50.760 --> 01:37:54.680
 I'm Lee Allison with Allison Engineering Group, here to represent the applicant.

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

01:38:00.720 --> 01:38:05.600
 as Greg Johnson, who's with the property owner.

01:38:05.600 --> 01:38:11.400
 This is known as Corsi 2001, we're naming it the Placid Thunderbird.

01:38:11.400 --> 01:38:16.440
 We're asking for a rezone from R2 to MN, and we have some proposed limitations.

01:38:16.440 --> 01:38:24.560
 As I believe Ms. Kirchhoff presented earlier, that even though the overlay conditions in

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

01:38:29.320 --> 01:38:33.400
 with this, and we've worked those with the neighbors.

01:38:33.400 --> 01:38:36.640
 It does not, R2 doesn't allow for office or retail.

01:38:36.640 --> 01:38:39.340
 That's primarily what our client wants to do.

01:38:39.340 --> 01:38:41.780
 They are medical doctors.

01:38:41.780 --> 01:38:46.560
 They plan on building their own office there, and probably offices for other medical doctors.

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

01:38:51.700 --> 01:38:55.940
 also allows some general retail and other items.

01:38:55.940 --> 01:38:57.520
 We had two neighborhood meetings.

01:38:57.520 --> 01:39:01.200
 The first one was December 19th of 2019.

01:39:01.200 --> 01:39:04.080
 This was before we even made an application.

01:39:04.080 --> 01:39:05.760
 We had prepared a concept plan.

01:39:05.760 --> 01:39:09.760
 We met with the neighbors, primarily to get feedback from them to see what their interests

01:39:09.760 --> 01:39:11.760
 and concerns may be.

01:39:11.760 --> 01:39:14.760
 I'm not sure that's the best time of year to have a neighborhood meeting.

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

01:39:18.200 --> 01:39:22.920
 not to some of the neighbors, but we did mail them out to 500 feet.

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

01:39:26.960 --> 01:39:31.520
 neighborhood meeting to go over our application and what we were presenting and discuss it

01:39:31.520 --> 01:39:33.120
 further with them.

01:39:33.120 --> 01:39:38.340
 We did that on February 27th, which was just last week.

01:39:38.340 --> 01:39:40.400
 One of the concerns that came up was drainage.

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,

01:39:46.120 --> 01:39:49.960
 there's a property owner here that they also own this vacant lot.

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

01:39:54.560 --> 01:40:00.560
 onto them, goes across the vacant lot and into their backyard and onto the next neighbor

01:40:00.560 --> 01:40:03.160
 and possibly helps keep their pool full.

01:40:03.160 --> 01:40:06.800
 I'm not for sure, but it's a real issue.

01:40:06.800 --> 01:40:11.800
 We pointed out that we are not a contributor to that drainage problem.

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

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.

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

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.

01:40:34.940 --> 01:40:40.200
 There's actually two sidewalk easements indicated by the city website, one along here and one

01:40:40.200 --> 01:40:44.000
 along this backside, and of course no sidewalks.

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

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

01:40:52.040 --> 01:40:53.600
 this direction.

01:40:53.600 --> 01:40:55.480
 We have not looked at it in detail.

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

01:41:00.080 --> 01:41:02.440
 this, bring it to the city's attention.

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

01:41:06.560 --> 01:41:08.280
 had trying to get it solved.

01:41:08.280 --> 01:41:13.400
 At the first meeting, this is the concept plan we had.

01:41:13.400 --> 01:41:16.800
 The only reason this concept plan was prepared was twofold.

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

01:41:21.000 --> 01:41:26.320
 desires and also to help us communicate to the neighbors at the neighborhood meeting

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

01:41:30.280 --> 01:41:32.720
 don't like or don't want."

01:41:32.720 --> 01:41:35.360
 At the second neighborhood meeting, we came back with this.

01:41:35.360 --> 01:41:38.720
 We think it better depicts what's being taken by TxDOT.

01:41:38.720 --> 01:41:42.640
 I know the buildings are close to the front, but according to the zoning ordinance, our

01:41:42.640 --> 01:41:49.840
 understanding is you only require a 10-foot front yard.

01:41:49.840 --> 01:41:50.840
 We laid buildings out.

01:41:50.840 --> 01:41:54.600
 The buildings got a little smaller along the front because when we did a parking check,

01:41:54.600 --> 01:41:57.680
 we really couldn't fit as big of buildings as we'd first imagined.

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

01:42:03.300 --> 01:42:04.920
 a part of an ordinance.

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.

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

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

01:42:18.280 --> 01:42:21.400
 level of detail that a PD requires.

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

01:42:25.560 --> 01:42:27.640
 with the neighbors.

01:42:27.640 --> 01:42:33.620
 One thing about this is because of the noise issues, we feel like these buildings along

01:42:33.620 --> 01:42:38.960
 the front and even the offices in the back will help provide some noise buffer against

01:42:38.960 --> 01:42:44.040
 the highway that's there today and that's being expanded and widened.

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

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.

01:42:55.080 --> 01:43:00.680
 The limitations we're proposing, the general ones, is that the uses adjacent to the eastern

01:43:00.680 --> 01:43:06.800
 and southern boundary shall be restricted to medical offices, medical clinics, professional

01:43:06.800 --> 01:43:09.280
 offices, and residential.

01:43:09.280 --> 01:43:11.840
 All is allowed within MN.

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

01:43:16.960 --> 01:43:19.680
 the existing residential to the east.

01:43:19.680 --> 01:43:24.040
 We specifically talked about that in the first and second meetings because we said, would

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

01:43:28.400 --> 01:43:29.640
 there?

01:43:29.640 --> 01:43:33.340
 And we were told, keep the parking where it is.

01:43:33.340 --> 01:43:38.400
 The medical offices, medical clinics, residents, and professional offices along the east and

01:43:38.400 --> 01:43:40.480
 south side shall be limited to one story.

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

01:43:45.800 --> 01:43:46.800
 with that.

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

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,

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

01:44:02.280 --> 01:44:03.280
 limit.

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

01:44:08.760 --> 01:44:10.760
 tall there.

01:44:10.760 --> 01:44:14.960
 Access from Colonial Drive shall be restricted to emergency access only.

01:44:14.960 --> 01:44:18.200
 I will say this is a qualified statement.

01:44:18.200 --> 01:44:22.560
 Our client, our applicant, we're more than willing to have that restricted for emergency

01:44:22.560 --> 01:44:28.000
 only, but we have not verified with the emergency services or the traffic engineer that this

01:44:28.000 --> 01:44:30.000
 can absolutely be done.

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

01:44:34.680 --> 01:44:37.200
 can say that that can be limited.

01:44:37.200 --> 01:44:43.680
 We also put some limitations on the uses, specifically no multi-family dwellings, no

01:44:43.680 --> 01:44:50.280
 chapter house would be like a sorority or fraternity house, no community homes, no dormitories,

01:44:50.280 --> 01:44:53.680
 no homeless shelters, no bar, tavern, or lounge.

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

01:44:57.600 --> 01:45:00.800
 for a bar as defined in the Denton Development Code.

01:45:00.800 --> 01:45:06.080
 No mobile food courts, no hotels, I mean, technically this site might be big enough

01:45:06.080 --> 01:45:09.040
 for a hotel if they came in and took the whole thing.

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

01:45:13.760 --> 01:45:14.760
 out front.

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

01:45:20.040 --> 01:45:23.840
 you can't have a bakery, that's not food processing.

01:45:23.840 --> 01:45:29.240
 And I'm here for questions, I appreciate your time and your professionalism and integrity.

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

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

01:45:38.120 --> 01:45:39.120
 time.

01:45:39.120 --> 01:45:40.120
 Thank you, Mr. Allison.

01:45:40.120 --> 01:45:41.120
 I actually do have a question.

01:45:41.120 --> 01:45:42.120
 You have a question?

01:45:42.120 --> 01:45:43.120
 Yes.

01:45:43.120 --> 01:45:44.120
 Commissioner Smith.

01:45:44.120 --> 01:45:45.120
 Thank you, Chair.

01:45:45.120 --> 01:45:52.200
 Cindy, can I actually ask a question for you in regards to Mr. Allison's presentation?

01:45:52.200 --> 01:45:57.800
 Two things, first one, in this zoning, what buffering would we have between the residential,

01:45:57.800 --> 01:46:02.520
 what buffering is required by the zoning between the residential and the commercial uses?

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

01:46:06.080 --> 01:46:07.080
 rid of my clothes.

01:46:07.080 --> 01:46:10.680
 Okay, I'm going to ask this other question, are liquor stores allowed in the MN?

01:46:10.680 --> 01:46:11.680
 Pardon me?

01:46:11.680 --> 01:46:14.360
 Are liquor stores allowed in the mixed use area?

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

01:46:19.840 --> 01:46:24.160
 with the TABC rules for distances from various uses.

01:46:24.160 --> 01:46:29.600
 Various uses being schools, churches, those kinds of things, which none are in that area,

01:46:29.600 --> 01:46:30.600
 not close enough.

01:46:30.600 --> 01:46:33.120
 So yes, technically a liquor store could be included within this.

01:46:33.120 --> 01:46:36.720
 As long as there's no church there that I am not aware of.

01:46:36.720 --> 01:46:37.720
 Understood.

01:46:37.720 --> 01:46:38.720
 Okay, all right, thank you, appreciate it.

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

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.

01:46:48.160 --> 01:46:49.160
 Good, good.

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?

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

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

01:47:04.040 --> 01:47:06.280
 stores out of there as well?

01:47:06.280 --> 01:47:09.840
 Just falling into the same idea of bar, taverns, lounges, those kinds of ideas?

01:47:09.840 --> 01:47:10.840
 That would be okay.

01:47:10.840 --> 01:47:11.840
 Okay, thank you.

01:47:11.840 --> 01:47:12.840
 Good feedback I'm getting.

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

01:47:18.120 --> 01:47:20.880
 as part of the applicant, not as a lady.

01:47:20.880 --> 01:47:21.880
 Fine, I guess.

01:47:21.880 --> 01:47:22.880
 I'm sorry.

01:47:22.880 --> 01:47:23.880
 Okay.

01:47:23.880 --> 01:47:26.600
 Greg Johnson, 319 West Oak Street.

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

01:47:30.480 --> 01:47:31.480
 piece.

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

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

01:47:42.840 --> 01:47:47.600
 that were interested, as many of you know, the Porter family, very benevolent, very involved

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

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

01:47:55.960 --> 01:47:58.400
 close to the neighborhood.

01:47:58.400 --> 01:48:05.520
 When the doctors contacted our firm, they actually contacted us about a different site

01:48:05.520 --> 01:48:08.320
 that we weren't able to meet their needs with.

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

01:48:16.920 --> 01:48:17.920
 or restaurant.

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

01:48:21.760 --> 01:48:26.800
 building first, and probably one other building for another medical office tenant, not knowing

01:48:26.800 --> 01:48:29.120
 what they'll do with the rest of the land down the road.

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

01:48:35.400 --> 01:48:36.400
 it out.

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,

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

01:48:47.400 --> 01:48:50.920
 one restaurant in the world that will go on a one-way access road.

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

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

01:49:01.520 --> 01:49:03.760
 residential homes.

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

01:49:08.240 --> 01:49:14.760
 anything up there, so I would be surprised if retail or restaurant would ever go, but

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.

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

01:49:25.720 --> 01:49:27.080
 the whole site to office?"

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

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

01:49:36.920 --> 01:49:40.120
 front I-35 with 120,000 cars a day.

01:49:40.120 --> 01:49:45.160
 So there's not many up there that far north yet, but they're coming.

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

01:49:53.640 --> 01:49:57.560
 office-only adjacent to residential, leaves you a small piece up in the front that could

01:49:57.560 --> 01:50:07.000
 be, who knows, some sort of a residential, what I call residential services, right, veterinarian,

01:50:07.000 --> 01:50:09.560
 Edward Jones person, whatever, sorry.

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

01:50:15.400 --> 01:50:18.080
 to do retail or restaurant.

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

01:50:22.560 --> 01:50:25.440
 go on that northern side at some point down the road.

01:50:25.440 --> 01:50:29.440
 So not knowing what would ever happen, they didn't want to limit themselves to office

01:50:29.440 --> 01:50:30.440
 only.

01:50:30.440 --> 01:50:33.440
 Any questions?

01:50:33.440 --> 01:50:35.800
 Yes, Mr. Johnson.

01:50:35.800 --> 01:50:36.800
 Commissioner Beck.

01:50:36.800 --> 01:50:37.800
 Thank you, Chair.

01:50:37.800 --> 01:50:39.640
 So this is probably more of a city.

01:50:39.640 --> 01:50:46.880
 There's nothing about the overlay conditions that the applicant gave us that would preclude

01:50:46.880 --> 01:50:53.720
 the development of light eateries in those first two, in that first line right off the

01:50:53.720 --> 01:50:54.720
 highway.

01:50:54.720 --> 01:50:56.120
 Is there something?

01:50:56.120 --> 01:50:59.800
 There's nothing in the conditions that would preclude that.

01:50:59.800 --> 01:51:00.800
 That would be okay.

01:51:00.800 --> 01:51:01.800
 I'm sorry.

01:51:01.800 --> 01:51:03.760
 I didn't hear the first part.

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

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.

01:51:17.320 --> 01:51:22.280
 I was just concerned, like the applicant mentioned earlier, bar tavern preclude wouldn't preclude

01:51:22.280 --> 01:51:23.280
 a restaurant.

01:51:23.280 --> 01:51:25.160
 No, wouldn't preclude a restaurant.

01:51:25.160 --> 01:51:26.160
 That was my only question.

01:51:26.160 --> 01:51:27.160
 Thank you, Cindy.

01:51:27.160 --> 01:51:28.160
 Sure.

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

01:51:32.120 --> 01:51:35.240
 buffer required between commercial and single family.

01:51:35.240 --> 01:51:38.800
 But no actual structure, no shrubbery?

01:51:38.800 --> 01:51:42.040
 Well, again, we've got the point system.

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

01:51:47.200 --> 01:51:49.200
 points for the buffer.

01:51:49.200 --> 01:52:00.240
 Mr. Alison, can I ask you a question?

01:52:00.240 --> 01:52:05.200
 Just in your experience in engineering, you've presented up in front of this commission that

01:52:05.200 --> 01:52:08.440
 it seems like most of the developments you bring, you recommend as an engineer some sort

01:52:08.440 --> 01:52:11.280
 of buffer when there is commercial budding residential.

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

01:52:15.320 --> 01:52:20.200
 issue, but would you see that possibly there would be some sort of actual physical buffering,

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,

01:52:25.720 --> 01:52:29.040
 or is the parking lot just going to butt up against their wooden fences?

01:52:29.040 --> 01:52:30.040
 A couple of things.

01:52:30.040 --> 01:52:35.080
 According to the code, as Cindy mentioned, there will be a buffer along here and one

01:52:35.080 --> 01:52:36.080
 here.

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

01:52:42.160 --> 01:52:44.360
 trees that have to go in there.

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

01:52:48.760 --> 01:52:52.360
 that can go adjacent to a power line, but not the real tall ones.

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,

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

01:53:02.400 --> 01:53:05.560
 our buffering, so it works to our advantage.

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

01:53:10.640 --> 01:53:16.360
 buildings that could be restaurant, retail, commercial, or at least is this area here.

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

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

01:53:32.520 --> 01:53:38.240
 have to have a buffer, just like a restaurant, or not a liquor store.

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

01:53:43.480 --> 01:53:45.360
 answer here, but anything else?

01:53:45.360 --> 01:53:51.480
 Mr. Ellison, can you put the slide for the limitations, the proposed limitations, up

01:53:51.480 --> 01:53:52.480
 there, please?

01:53:52.480 --> 01:54:01.040
 These are the general, and these are the identified uses that are prohibited.

01:54:01.040 --> 01:54:03.840
 Everything else in MN is still allowed there.

01:54:03.840 --> 01:54:04.840
 Okay.

01:54:04.840 --> 01:54:05.840
 Thank you.

01:54:05.840 --> 01:54:09.880
 I don't see any other questions at this time.

01:54:09.880 --> 01:54:10.880
 Okay.

01:54:10.880 --> 01:54:11.880
 Thank you.

01:54:11.880 --> 01:54:14.920
 I do have some other cards.

01:54:14.920 --> 01:54:15.920
 People wishing to speak.

01:54:15.920 --> 01:54:24.400
 I have Craig Williams will be speaking in support.

01:54:24.400 --> 01:54:30.480
 Good evening.

01:54:30.480 --> 01:54:37.960
 You'll state your name and address, and your time will begin.

01:54:37.960 --> 01:54:40.680
 It's Craig Williams, 2119 Glen Garden Street.

01:54:40.680 --> 01:54:41.680
 Thank you.

01:54:41.680 --> 01:54:42.680
 I am in support of this.

01:54:42.680 --> 01:54:43.680
 If you'll move closer to the mic, please.

01:54:43.680 --> 01:54:44.680
 Thank you.

01:54:44.680 --> 01:54:51.960
 I am in support of this, provided that these limitations are met and agreed upon.

01:54:51.960 --> 01:54:56.000
 I did want to bring up, I was going to bring up the drainage again.

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

01:55:02.640 --> 01:55:05.280
 me on the water bill.

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

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,

01:55:22.520 --> 01:55:29.160
 proposed, or had, I guess, objections and wanted to bring up the drainage on that.

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,

01:55:35.880 --> 01:55:38.000
 and that is since gone.

01:55:38.000 --> 01:55:43.320
 The easement that was spoken about earlier was where that berm was.

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,

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

01:55:53.720 --> 01:55:58.680
 the neighbors of the ones directly north of me, flows through their backyard, under their

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.

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,

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

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

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

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

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

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

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,

01:56:54.760 --> 01:56:58.240
 so that's really what I wanted to bring forward today.

01:56:58.240 --> 01:57:01.720
 You know, I appreciate the developer, they've been very nice and accommodating as much as

01:57:01.720 --> 01:57:02.720
 they can.

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.

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

01:57:13.000 --> 01:57:19.120
 something was developed back there, I wouldn't have taken that bet.

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,

01:57:24.480 --> 01:57:28.320
 you know, what we're trying to talk about with the drainage.

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

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

01:57:36.040 --> 01:57:40.400
 they said, "Oh no, it drains to the road," and maybe the, you know, the topographical

01:57:40.400 --> 01:57:43.240
 maps show that, but it does not.

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

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

01:57:51.960 --> 01:57:52.960
 backyards.

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,

01:57:58.840 --> 01:58:02.000
 and if there's something that can be done before that, that would be appreciated.

01:58:02.000 --> 01:58:05.600
 All right, that's all I have.

01:58:05.600 --> 01:58:06.600
 Thank you for sharing your thoughts.

01:58:06.600 --> 01:58:08.680
 We do have a question for you.

01:58:08.680 --> 01:58:09.680
 Commissioner Beck.

01:58:09.680 --> 01:58:15.120
 This is in relationship, thank you, Chair, to what the speaker was just saying.

01:58:15.120 --> 01:58:21.080
 If this is not the appropriate venue for this developer to address the drainage issue, maybe

01:58:21.080 --> 01:58:31.400
 Richard could suggest the appropriate venue that the speaker could use to direct his concerns

01:58:31.400 --> 01:58:36.920
 about drainage?

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.

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.

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

01:58:50.280 --> 01:58:52.400
 an answer.

01:58:52.400 --> 01:58:55.400
 Thank you, Richard.

01:58:55.400 --> 01:59:00.120
 Thank you.

01:59:00.120 --> 01:59:06.880
 I do have another card wishing to speak, Rose Scott, and is undecided, according to the

01:59:06.880 --> 01:59:07.880
 author of this card.

01:59:07.880 --> 01:59:10.560
 If you'll state your name and address, your time will begin.

01:59:10.560 --> 01:59:21.400
 Rose Scott, 2123 Glen Garden, and I have lived in that house since 1981.

01:59:21.400 --> 01:59:30.240
 We never had water problems until the development in 2008.

01:59:30.240 --> 01:59:41.040
 We have had many email exchanges and conversations with Denton City engineers, and nothing has

01:59:41.040 --> 01:59:42.040
 been done.

01:59:42.040 --> 01:59:43.040
 Well, that's not true.

01:59:43.040 --> 01:59:48.960
 They put in a little thing about 12 inches tall called environmental netting that was

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

01:59:54.760 --> 02:00:01.480
 short amount of time, that little ditch was filled, the environmental netting stayed there

02:00:01.480 --> 02:00:09.840
 until it rotted, and in the meantime, water was running down that property and into our,

02:00:09.840 --> 02:00:12.360
 running down the vacant lot, which is ours.

02:00:12.360 --> 02:00:15.640
 It's a maintained lot, but there's no structure on it.

02:00:15.640 --> 02:00:20.600
 We have folders of information and discussions with city managers.

02:00:20.600 --> 02:00:22.600
 We've been through several.

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

02:00:29.400 --> 02:00:31.400
 water out of our garage.

02:00:31.400 --> 02:00:37.600
 Now, my brother came, has an engineering firm in Dallas, came with another engineer that

02:00:37.600 --> 02:00:40.280
 he calls his dirt doctor.

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,

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

02:00:55.000 --> 02:00:56.000
 a joke?"

02:00:56.000 --> 02:01:00.240
 I said, "Well, it evidently was cheap.

02:01:00.240 --> 02:01:03.600
 It's ineffectual, but it didn't cost the city much money."

02:01:03.600 --> 02:01:09.520
 In fact, thank you, Mr. Allison, for having spoken to this drainage issue because that's

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.

02:01:18.260 --> 02:01:25.680
 With the overlay, as we have discussed, I would think that this is probably as wise

02:01:25.680 --> 02:01:30.920
 a usage as we're going to get from this property behind us.

02:01:30.920 --> 02:01:39.800
 Our four concerns were initially that drainage, light pollution, noise pollution, and privacy

02:01:39.800 --> 02:01:47.000
 concerns, as long as they're not putting up a post with stadium lighting up there.

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

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

02:02:03.720 --> 02:02:06.720
 to get.

02:02:06.720 --> 02:02:14.480
 As I said, with the overlay of restrictions, this is probably going to be fine.

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.

02:02:20.840 --> 02:02:27.380
 We appreciate your hearing our concerns, and I thank you for it.

02:02:27.380 --> 02:02:32.720
 Thank you for coming to speak.

02:02:32.720 --> 02:02:36.320
 Next person is Jennifer Walters.

02:02:36.320 --> 02:02:49.240
 Ms. Walters, I bet you know the drill of what you need to do next.

02:02:49.240 --> 02:02:50.240
 I do, thank you.

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

02:02:54.880 --> 02:02:55.880
 about it.

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.

02:03:00.980 --> 02:03:01.980
 My name is Jennifer Walters.

02:03:01.980 --> 02:03:11.240
 I live at 2105 Colonial, and our house is right next to where this property is.

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

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

02:03:23.160 --> 02:03:27.080
 really nice neighborhood would be going in there.

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.

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

02:03:40.640 --> 02:03:46.000
 the first neighborhood meeting, but we did attend the one last week, and it was very

02:03:46.000 --> 02:03:47.880
 well put together.

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

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.

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.

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

02:04:23.960 --> 02:04:29.240
 proposal with those conditions that have been noted.

02:04:29.240 --> 02:04:33.200
 And I'll stand for any questions.

02:04:33.200 --> 02:04:34.200
 I do not see any.

02:04:34.200 --> 02:04:35.200
 Okay.

02:04:35.200 --> 02:04:36.200
 Thank you for coming to speak to us.

02:04:36.200 --> 02:04:37.200
 Thanks.

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

02:04:43.480 --> 02:04:48.480
 wishing to speak, you can come up to the mic.

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

02:04:54.240 --> 02:05:05.080
 Paffem at 2111 Glenn Garden is in support as presented in the concept plan.

02:05:05.080 --> 02:05:07.000
 Okay.

02:05:07.000 --> 02:05:11.000
 Anybody else wishing to speak?

02:05:11.000 --> 02:05:12.000
 Seeing none.

02:05:12.000 --> 02:05:17.680
 I'll close the public hearing on this item and entertain motion or discussion.

02:05:17.680 --> 02:05:18.680
 Commissioner Smith.

02:05:18.680 --> 02:05:26.580
 I make a motion to approve with the applicant's recommendations and limitations, but only

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

02:05:30.880 --> 02:05:36.640
 limitations of not allowing and prohibiting multifamily dwelling, chapter house, community

02:05:36.640 --> 02:05:41.520
 home, dormitory, homeless shelter, bar, tavern, lounges, mobile food courts, hotels, automotive

02:05:41.520 --> 02:05:52.400
 fuel sales, food processing, and then adding liquor stores as my motion.

02:05:52.400 --> 02:05:53.400
 Commissioner Cole.

02:05:53.400 --> 02:05:54.400
 Second.

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

02:06:02.920 --> 02:06:10.000
 presented adding liquor stores to specific limitations.

02:06:10.000 --> 02:06:15.720
 Any discussion?

02:06:15.720 --> 02:06:27.920
 Seeing none, I will call for a vote on the board.

02:06:27.920 --> 02:06:30.600
 That motion carries 5-0.

02:06:30.600 --> 02:06:33.400
 Congratulations.

02:06:33.400 --> 02:06:41.800
 That will move us to public hearing item C, PD190004.

02:06:41.800 --> 02:06:50.320
 The applicant has requested a postponement to a date certain of 3 and 18.

02:06:50.320 --> 02:06:54.240
 Chair will entertain a motion for that.

02:06:54.240 --> 02:06:55.240
 Commissioner Smith.

02:06:55.240 --> 02:06:56.920
 Do we need to open the public hearing or we just make the motion?

02:06:56.920 --> 02:06:57.920
 We do not.

02:06:57.920 --> 02:06:58.920
 Okay, good.

02:06:58.920 --> 02:07:02.280
 Yes, I'll make a motion to postpone to date certain of March 18th, 2020.

02:07:02.280 --> 02:07:03.640
 Mr. Pernetta.

02:07:03.640 --> 02:07:04.640
 I second the motion.

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.

02:07:10.080 --> 02:07:12.600
 Any discussion?

02:07:12.600 --> 02:07:20.400
 Seeing none, let's call for a vote on the board.

02:07:20.400 --> 02:07:25.120
 Motion carries 5-0.

02:07:25.120 --> 02:07:32.600
 That takes us to our next public hearing item CA190001.

02:07:32.600 --> 02:07:40.600
 That applicant has requested a motion to postpone to a date certain of April 8th.

02:07:40.600 --> 02:07:41.600
 Commissioner Smith.

02:07:41.600 --> 02:07:45.560
 Motion to postpone to a date certain of April 8th.

02:07:45.560 --> 02:07:46.560
 Commissioner Cole.

02:07:46.560 --> 02:07:47.560
 Second.

02:07:47.560 --> 02:07:50.600
 Got a first and a second to postpone this item to April 8th.

02:07:50.600 --> 02:07:53.200
 Any discussion?

02:07:53.200 --> 02:08:01.440
 Seeing none, I'll call for a vote on the board.

02:08:01.440 --> 02:08:05.360
 That motion carries 5-0.

02:08:05.360 --> 02:08:10.800
 Public hearing item Z20002.

02:08:10.800 --> 02:08:15.040
 That applicant has requested a motion to postpone to April 8th.

02:08:15.040 --> 02:08:16.040
 Commissioner Smith.

02:08:16.040 --> 02:08:18.440
 Make a motion to postpone to a date certain of April 8th.

02:08:18.440 --> 02:08:19.440
 Commissioner Cole.

02:08:19.440 --> 02:08:20.440
 Second.

02:08:20.440 --> 02:08:23.000
 Got a first and a second to postpone this item to April 8th.

02:08:23.000 --> 02:08:25.560
 Any discussion?

02:08:25.560 --> 02:08:33.480
 Seeing none, I'll call for a vote on the board.

02:08:33.480 --> 02:08:36.560
 Motion carries 5-0.

02:08:36.560 --> 02:08:41.920
 That will take us to our planning and zoning commission project matrix.

02:08:41.920 --> 02:08:46.480
 At this time, I guess I'll turn it over to Richard to start.

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.

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

02:08:57.760 --> 02:09:04.400
 meeting relative to the applications that were recommended by the body here.

02:09:04.400 --> 02:09:09.120
 The alternate ESA, if you recall, for Fisher 59, that was approved last night.

02:09:09.120 --> 02:09:13.520
 As was the ESA language, the ESA plat where those -- we had removed the language where

02:09:13.520 --> 02:09:18.120
 those were sort of decoupled, that was approved last night.

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

02:09:22.520 --> 02:09:24.160
 that parking lot.

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.

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.

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

02:09:38.560 --> 02:09:43.840
 standards for -- to come into compliance with the development standards with respect to

02:09:43.840 --> 02:09:45.880
 parking lot.

02:09:45.880 --> 02:09:50.360
 The other rezoning that was approved was the Cambridge brook rezoning that rezoned out

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.

02:09:59.400 --> 02:10:00.400
 Commissioner Beck.

02:10:00.400 --> 02:10:02.200
 Yes, thank you.

02:10:02.200 --> 02:10:13.560
 Richard, so the public has come to me and had questions about exemptions of our residential

02:10:13.560 --> 02:10:24.120
 code for wildflower development, as well as food vegetation, and they were unsure of what

02:10:24.120 --> 02:10:34.220
 we allow and what mechanisms we have for approving alternatives to code enforcement for wildflowers

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

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

02:10:49.560 --> 02:10:55.720
 Dias approves of getting that on the matrix, of looking into what sort of mechanisms would

02:10:55.720 --> 02:10:58.320
 allow those.

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

02:11:03.720 --> 02:11:08.920
 home, I've got to look into it with respect to the wildflower.

02:11:08.920 --> 02:11:15.840
 I do know when we updated the landscape and tree preservation standards, because we are

02:11:15.840 --> 02:11:21.520
 a monarch butterfly city, we do allow -- that was something, if you recall, we put into

02:11:21.520 --> 02:11:29.720
 the landscape table to allow for that, which obviously would include wildflowers.

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

02:11:35.920 --> 02:11:39.160
 through a landscape approval.

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

02:11:45.360 --> 02:11:50.880
 what's in the property maintenance standards that's not part of the development code.

02:11:50.880 --> 02:11:53.400
 The other was the food production.

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

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

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

02:12:12.280 --> 02:12:19.360
 a number of concerns that this would prohibit individuals from having a garden, and we made

02:12:19.360 --> 02:12:26.360
 it very clear that that was not -- that would not prohibit somebody from planting tomatoes,

02:12:26.360 --> 02:12:33.040
 whatever it is that they wish to plant, but again, I'll provide a written response.

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

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,

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

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

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

02:13:02.480 --> 02:13:04.920
 include that, but I'll provide it.

02:13:04.920 --> 02:13:10.200
 To provide some clarity into the public questions that I received, they were specifically, I

02:13:10.200 --> 02:13:19.560
 think, wanting to replace landscaping, vegetation with -- I'm using weird terms, but food, crop,

02:13:19.560 --> 02:13:26.840
 vegetation for their landscaping instead of regular ornamental landscaping, but it would

02:13:26.840 --> 02:13:34.040
 still be landscaping in order to sort of have a "greener environment" in their landscaping,

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

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

02:13:43.600 --> 02:13:44.600
 request.

02:13:44.600 --> 02:13:45.600
 I'll provide a response.

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

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

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

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

02:14:06.200 --> 02:14:10.120
 see where your "thank you" question is.

02:14:10.120 --> 02:14:15.200
 Anybody else for the matrix, besides me?

02:14:15.200 --> 02:14:17.800
 A couple of things.

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

02:14:23.300 --> 02:14:30.280
 someone in the city with what's going on there, that would be great.

02:14:30.280 --> 02:14:35.840
 Also if I could request maybe an upcoming work session to further understand how we

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

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

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

02:14:52.000 --> 02:14:57.800
 think we need to talk about that and figure out where staff is on that.

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

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

02:15:10.200 --> 02:15:18.800
 body in that vote, I definitely think we need a work session on that.

02:15:18.800 --> 02:15:19.800
 Anybody else?

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

02:15:24.360 --> 02:15:27.880
 office if not the next meeting after.

02:15:27.880 --> 02:15:28.880
 Great.

02:15:28.880 --> 02:15:29.880
 Thank you.

02:15:29.880 --> 02:15:30.880
 Anybody else for the matrix?

02:15:30.880 --> 02:15:31.880
 Okay.

02:15:31.880 --> 02:15:34.880
 Any concluding items?

02:15:34.880 --> 02:15:36.320
 Okay.

02:15:36.320 --> 02:15:41.260
 Seeing none, I will close our meeting at 7 44 p.m.

02:15:41.260 --> 02:15:41.760
 Thank you, everyone.