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 >> Good evening, ladies and gentlemen, and welcome to the planning and zoning commission

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 work session for Wednesday, May 20th, 2020.

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 I'll call this meeting to order at 532, seeing that we do have a quorum.

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 On our work session for this evening, we will just be going over the agenda, we'll walk

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 through the agenda.

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 There's no reports to go through tonight, so the first thing we have is the consideration

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 of our minutes.

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 Does anyone need to add or edit anything to the May 6th minutes?

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 Seeing none, we'll go into items for individual consideration.

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 Item 2A is being postponed to a date certain of June 3rd, or rather, I will ask for a motion

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 for that item to be postponed to a date certain of June 3rd.

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 There's nothing to talk about that, that item's just getting pushed, which moves us to item

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 2B, ADP 20-0009.

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 And if Julie Wyatt's hanging around, I'll invite her for a presentation on the item.

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 >> Did Commissioner Beck have a question?

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 >> Yes, thank you.

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 >> I was just curious, that was an applicant requesting postponement for 2A?

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 >> Staff is requesting that it be postponed, to continue to work through issues with the

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 applicant.

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 >> Thank you.

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 >> Yep.

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 >> Good evening, commissioners, it's Julie Wyatt.

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 I am going to share my screen now to get my presentation up.

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 All right, we've combined all the presentations, so let me zoom down to mine.

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 All right, here we go.

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 So the request before you is for ADP 29 Smith Street Apartments.

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 The request is for an alternative development plan, excuse me, for a multifamily development

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 on about half an acre.

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 The purpose is to deviate from sub-chapter 13 requirements in the 2002 debt and development

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 code for multifamily developments.

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 So as you're aware, we transitioned to the 2019 code last October.

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 Due to this project's timing, it is subject to the 2002 regulations.

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 And both in the 2002 and 2019 regulations, multifamily is a permitted use.

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 About the 2002, it was DCG was the zoning, and the current zoning is MN.

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 So you're probably familiar with the general area.

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 The site is outlined in yellow.

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 It is on the north side of Smith Street, just west of Dallas Drive.

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 This is kind of an emerging redevelopment area of the city.

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 And it makes sense why that emergence is happening.

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 When you look at where it's positioned within the city, it's about a quarter mile from the

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 central business district as the crow flies.

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 It's about a quarter mile from a UNT transit stop to the south.

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 And then it's also about a tenth of a mile from a DCTA stop.

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 So there's lots of transit options, as well as pretty close to some of the activity hubs

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 within the city.

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 And we've had a couple of projects that have come forward recently.

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 Just adjacent near the property, there is a multifamily development that has actually

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 gone vertical, and it's moving forward.

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 And then you probably recall the Haven at Doherty project.

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 There was an ADP for that one that you saw, and that one will be moving forward soon.

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 So there is some redevelopment going on within the area.

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 They have provided the site plan, and we've reviewed it.

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 Apart from the deviations that they're requesting, it meets all subchapter 13 requirements.

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 But let's go a little bit more into what they're requesting.

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 So there are three deviations they're requesting first.

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 The provision is that at least 50% of the front yard frontage should have buildings

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 within 20 feet of the front property line.

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 The property is kind of a narrow lot.

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 It has 122 linear feet of frontage, which would require 61 feet of buildings within

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 20 feet of that front property line.

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 However, the entire frontage of this site is encumbered with a variable width electric

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 easement so that they are set back 24 feet from that property line.

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 The second provision, the wall area of the front facade must have at least 25% windows

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 and doors.

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 They're proposing 19%, which fits with the architectural theming of the building.

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 Additionally, the building does provide a lot of color and texture, a lot of variation

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 in the building, providing visual interest and transparency into the building.

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 And then finally, the last one is buildings shall be directly accessed from the street

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 and sidewalk.

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 A minimum of one ground floor entrance must be oriented toward the street and include

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 a porch.

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 Once again, due to that easement, it really prevents putting a porch in that area.

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 However, they have within the stairwell screening element provided an entrance structure integrated

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 within there.

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 And that really does provide a sense of arrival for the residents and visitors, and that's

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 also connected to the sidewalk with the pedestrian path.

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 So it really does meet the intent.

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 We'll go over more specifically what the site plan shows.

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 So this is kind of a zoomed in part of the site plan that's adjacent to the street.

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 The building is outlined there in green.

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 You can see it has the 42 and a half feet of frontage.

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 Once again, that lot is 122 feet wide.

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 That variable width easement, you can see the blue line.

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 It is on the east side of the property, 20 feet, and then on the west side of the property,

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 it goes up to 30 feet.

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 So it really runs in a diagonal line across the frontage.

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 They're also proposing a 26-foot fire lane on the site that allows emergency vehicles

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 to adequately get into the site and to provide services if needed.

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 And then here is the front elevation for the building.

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 Once again, they're providing that total 19% opening with the four large windows per

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 floor.

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 What their intent is is to balance those transparency needs with the privacy for future residents,

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 to make sure that those two things are balanced while still providing that relationship to

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 the street.

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 Their proposed design, they've got a strong architectural point of view on their building,

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 and that building does provide a lot of variety, both in color and texture.

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 It's not just a blank wall that somebody would walk past.

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 Additionally, that architectural screening element, you can see it here, does provide

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 that nice gateway entrance for residents to provide, once again, that sense of arrival

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 and it is connected to the right-of-way.

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 The criteria for approval are in subchapter 13 of the 2002 code.

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 There are five of them.

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 We'll go over them briefly.

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 First, preserve existing neighborhoods.

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 This proposal is in that redeveloping area of the city.

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 The proposed use will complement that mix of uses.

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 There is a mix of residential, multifamily, large multifamily, and even some industrial

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 in that area.

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 So it'll provide that needed density near our downtown area.

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 Will assure quality development.

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 This request is not intended to lower design standards, but would facilitate development

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 of a site that is an infill site.

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 These sites can be really constrained in somewhat interesting ways.

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 For instance, in this one, you've got that easement.

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 You've got the narrow lot.

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 So sometimes you have to work with the constraints within these infill areas.

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 Apart from this request, it would meet all other subchapter 13 requirements.

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 Focus new development to activity centers.

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 Once again, this is urban infill, so it would not contribute to sprawl.

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 There is necessary infrastructure available to the site, and as we discussed earlier,

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 it's also near transit.

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 And then does it result in a high quality of development meeting the intent of the standards?

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 So we'll go over each of those requests one by one and just kind of talk a little bit

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 through that.

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 So the first one is that 50% of the front yard frontage should have the buildings within

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 20 feet of the front property line.

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 This intent really is to enclose the public space to make places more interesting to walk

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 around.

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 In this case, the easement does prevent situating that building closer to the street.

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 And further, that 26 foot fire lane also constricts the site.

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 We want to make sure that emergency vehicles do have adequate access.

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 But with their design, with the additional -- with the architecture of the building,

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 it does create that vibrancy in the street, and it will serve to meet that intent.

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 Does it result in a high quality development -- oh, I'm sorry -- the 25% windows and doors,

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 they're providing 19%, you know, and what they're trying to do is balance that transparency

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 to make sure that there is -- that there is -- once again, it's a visually interesting

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 building from the street, but without compromising the resident privacy.

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 We feel like their proposal meets the intent based upon their building elevation.

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 And then finally, the building access and front porch.

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 That entrance structure is integrated in the stairwell screening.

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 And there is that pedestrian pass.

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 So it does meet the intent of that building access.

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 And it does provide that sense of arrival.

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 Once again, there is still that easement that they have to contend with when you're looking

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 at a porch.

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 So based upon the criteria for approval, staff recommends approval.

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 And I will answer any questions.

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 And I believe the applicant is also available to answer questions and is going to make a

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 short presentation.

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 >> Any questions for Julie on this item?

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 I'm going to wait for Matt's screen.

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 Matt, do you have any questions, Christian Pernetta?

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 Okay.

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 Julie, I appreciate the presentation.

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 Thank you.

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 >> Sure.

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 >> The next item for our work session is moving into public hearings.

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 The first item is item 3A, FR19-0016.

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 And this is Cindy Jackson's item.

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 And I believe she is calling in this evening for presentation.

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 >> Thank you.

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 Can you hear me?

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 >> We can.

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 >> Super.

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 Okay.

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 Now, they're going to be running my PowerPoint from City Hall, so I'm just waiting for them

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 to pull it up.

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 >> We're ready to go.

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 >> Fr16-0016, the Vista Verde addition is a request for approval of a residential replat

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 of lot 1279 and lot 1X27X, block A, of the Vista Verde addition, excuse me, being a replat

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 of a remainder of lot 56, block A, of the Oaks of Township 2.

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 The approximately 8.882 acre site is generally located on the southwest side of Colorado

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 Boulevard, 315 feet northwest of San Jacinto Boulevard.

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 For the Texas local government code, a public hearing is required for a residential replat,

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 which requires written notices sent out to property owners within the original subdivision

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 and property owners located within 200 feet of the subject site.

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 And next slide, please.

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 On May 1, 2018, the City Council approved a request to rezone the subject site to NRMU

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 12 with mixed-use overlay protection district, including the following conditions.

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 There shall be no uses permitted other than single-family attached dwelling units, including

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 townhomes or single-family detached dwelling units.

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 The overall density shall not exceed 10 dwelling units per acre.

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 Buildings which are contiguous to the residential neighborhoods shall have a maximum height of

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 2 stories.

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 Installation of an 8-foot tall fence is required along adjacent properties.

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 The City Council also required the provision of two access points to the site from Colorado

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 Boulevard as shown on the plaque.

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 The proposed plaque conforms with requirements A and B regarding the density and the two

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 points of access from Colorado Boulevard.

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 The remainder of those requirements will be enforced during the building permit phase

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 of development.

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 Next slide, please.

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 This is the plaque, the proposed plaque.

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 The applicant intends to develop the site as a gated community of 79 single-family attached

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 houses comprised of 26 townhomes and 53 single-family homes in which the garages will share a common

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 wall.

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 The plaque includes seven open space lots, which include the private street system and

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 an amenity center.

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 The proposed site is intended to be a gated rental home community.

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 This is the original plaque of the Oaks of Township.

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 Next slide, please.

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 And you can see lot 56 originally was very large, went along San Jacinto and Colorado,

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 and it was platted in January 1985.

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 Next slide, please.

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 Phase 1 of the Villas of Piney Creek, platted in October '95, took up approximately half

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 of lot 56, as you can see here, leaving a remainder.

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 That remainder is the subject site and is proposed as the Vista Verde addition.

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 Originally this was supposed to be developed as phase 2 of the Villas of Piney Creek, however,

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 that did not occur.

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 We sent out public notices as required.

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 We received four responses back in opposition, which comprised 3.54% of the area within the

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 200-foot buffer, and we received one in favor, which comprises 19.11% of the property in

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 the 200-foot boundary, and we received one that was neutral in response.

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 The applicant has since contacted the person that says she was neutral and answers her

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 questions.

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 He is here to talk tonight, so he will probably bring that up in his presentation.

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 Staff recommends approval of this request as it meets the established requirements,

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 and that concludes my presentation.

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 >> Thank you very much, Cindy.

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 Is there any questions for Cindy on this item?

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 I do not see -- oh, Commissioner Ellis.

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 >> Thank you, Chair.

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 Cindy, I assume most of the responses were more out of confusion than anything else.

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 I know I got a couple of phone calls on this wondering if any of those overlay conditions

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 had to do with what we were going over today.

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00:16:02,960 --> 00:16:04,960
 Is that -- am I understanding that correctly?

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00:16:04,960 --> 00:16:14,220
 Did you speak to all of the people who -- >> I spoke to them, and some of them -- I assured

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 all of them that the overlay is still in place, which they didn't realize, and I assured them

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 that there was no commercial development that was planned for this site.

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 I left a voicemail for a couple and didn't receive any calls back, but I know the applicant

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 has also reached out to them as well.

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 >> Perfect.

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 Thank you.

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 Any other questions for Cindy?

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 >> Commissioners, if I can just add, this is -- I'm not sure if Cindy had mentioned

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 it at the beginning of her presentation.

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 This plat is being reviewed under the old DDC.

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 I don't know if you caught some of those references or as part of the analysis in the backup.

239
00:17:00,400 --> 00:17:05,160
 So this was sort of a pre-shot clock of three other changes.

240
00:17:05,160 --> 00:17:07,160
 So this is being reviewed under the old DDC.

241
00:17:07,160 --> 00:17:12,440
 There was a change in this last legislative session where residential replats, the only

242
00:17:12,440 --> 00:17:18,000
 time there's a public hearing is if -- and the notice goes out in advance, is if there

243
00:17:18,000 --> 00:17:24,240
 is a variance associated with it, otherwise the notice goes after the Planning and Zoning

244
00:17:24,240 --> 00:17:25,240
 Commission.

245
00:17:25,240 --> 00:17:30,280
 So just wanted to reference that.

246
00:17:30,280 --> 00:17:31,280
 >> Thank you for that, Richard.

247
00:17:31,280 --> 00:17:41,160
 Seeing other questions, we will go to item 3B, PD-19-005C, which is also Cindy's item.

248
00:17:41,160 --> 00:17:42,560
 >> Okay.

249
00:17:42,560 --> 00:17:57,320
 Okay, PD-19-0005, this is a request for a zoning change on 11.53 acres from a planned

250
00:17:57,320 --> 00:18:03,200
 development mixed-use regional PDMR district and on .88 acres from mixed-use neighborhood

251
00:18:03,200 --> 00:18:08,320
 MN district to a planned development district to facilitate the development of seven lots

252
00:18:08,320 --> 00:18:11,000
 with restaurant and commercial uses.

253
00:18:11,000 --> 00:18:17,120
 This site is generally located on the southwest side of I-35E service road at the intersection

254
00:18:17,120 --> 00:18:21,520
 of Buckees Boulevard and the service road.

255
00:18:21,520 --> 00:18:24,520
 Next slide, please.

256
00:18:24,520 --> 00:18:30,840
 The current zoning, as you can see, is PDMR and MN.

257
00:18:30,840 --> 00:18:38,560
 And the proposed zoning map, you will see that it will be straight PD if this is approved.

258
00:18:38,560 --> 00:18:39,560
 Next slide, please.

259
00:18:39,560 --> 00:18:44,280
 This site has a considerable zoning history.

260
00:18:44,280 --> 00:18:52,160
 On July 15th, 2008, this site was actually rezoned from RCR 1 to regional center commercial

261
00:18:52,160 --> 00:18:58,640
 downtown, RCCD, for mixed-use development with the following overlay conditions, a 50-foot

262
00:18:58,640 --> 00:19:03,840
 landscape buffer is required, including at the existing pond abutting the residential

263
00:19:03,840 --> 00:19:09,360
 districts -- excuse me, districts to the west and to the south with the right to install

264
00:19:09,360 --> 00:19:15,600
 a walking trail and other complementary hardscape around the existing pond, including the area

265
00:19:15,600 --> 00:19:20,720
 within the 50-foot buffer in connection with the pedestrian easement.

266
00:19:20,720 --> 00:19:26,360
 No building within 100 feet of the -- is permitted within 100 feet of the residential developments

267
00:19:26,360 --> 00:19:35,560
 to the west and south of the subject property in excess of 40 feet in height.

268
00:19:35,560 --> 00:19:39,600
 The owner of the subject property will not remove the existing pond along the western

269
00:19:39,600 --> 00:19:46,960
 boundary of the subject property abutting the south ridge estate.

270
00:19:46,960 --> 00:19:53,200
 The owner of the subject property or its designee will erect at its expense an 8-foot iron fence

271
00:19:53,200 --> 00:19:57,280
 with finials for the benefit of the homes to the west of the subject property, which

272
00:19:57,280 --> 00:20:00,640
 are directly across from adjacent to the aforementioned pond.

273
00:20:00,640 --> 00:20:06,880
 All of the conditions of this overlay were fulfilled with the development of the Buckees

274
00:20:06,880 --> 00:20:09,120
 store and gas station.

275
00:20:09,120 --> 00:20:11,320
 Next slide, please.

276
00:20:11,320 --> 00:20:20,200
 At the time Buckees site plan was approved in October 2017, a master site plan for the

277
00:20:20,200 --> 00:20:23,800
 entire site was approved, as you can see here.

278
00:20:23,800 --> 00:20:28,080
 The site was designed to provide a substantial landscape area in the rear of the property

279
00:20:28,080 --> 00:20:32,680
 to buffer the residences located to the south and southeast of the site.

280
00:20:32,680 --> 00:20:36,440
 The more intense commercial areas were pushed forward to the front of the property along

281
00:20:36,440 --> 00:20:45,040
 the I-35E corridor to minimize potential impacts between these commercial areas and the adjacent

282
00:20:45,040 --> 00:20:47,280
 residential areas.

283
00:20:47,280 --> 00:20:57,080
 A master phasing plan requested by staff at that time was also approved at the staff level.

284
00:20:57,080 --> 00:21:04,000
 This included conceptual site layout for the seven remaining lots that are along the I-35

285
00:21:04,000 --> 00:21:08,120
 corridor and are the subject of tonight's rezoning.

286
00:21:08,120 --> 00:21:13,800
 The development standards for this development were based on the RCC district standards as

287
00:21:13,800 --> 00:21:20,280
 well as the open space landscaping requirements and parking requirements in the 2002 development

288
00:21:20,280 --> 00:21:21,280
 code.

289
00:21:21,280 --> 00:21:25,840
 As part of the master phasing plan, prior staff had the applicant include the zoning

290
00:21:25,840 --> 00:21:30,240
 standards applicable to the site, which were graded accordingly to create the pad slides

291
00:21:30,240 --> 00:21:32,240
 for the development as plotted.

292
00:21:32,240 --> 00:21:35,880
 Next slide, please.

293
00:21:35,880 --> 00:21:41,720
 The applicant is proposing to use the 2017 master phasing plan as the PD phasing plan.

294
00:21:41,720 --> 00:21:46,800
 The plan shows planned and existing connectivity to the I-35 service road.

295
00:21:46,800 --> 00:21:50,320
 Access to existing pad sites will be from Nugget Way.

296
00:21:50,320 --> 00:21:58,920
 Prior to the development of phase two and the adjacent driveway that is in the northern

297
00:21:58,920 --> 00:22:07,520
 part of the property, excuse me, adjacent to the Goodwill building, an alternate ESA

298
00:22:07,520 --> 00:22:13,080
 will have to be approved in order to broach the ESA for the driveway and the extension

299
00:22:13,080 --> 00:22:16,980
 of Nugget Way.

300
00:22:16,980 --> 00:22:17,980
 Next slide, please.

301
00:22:17,980 --> 00:22:29,280
 As a result of the DDC update, the 38.445 acres zoned RCCD dash overlay transitioned

302
00:22:29,280 --> 00:22:38,280
 to PD mixed use regional MR and 80.89 acres transitioned to mixed use neighborhood MN.

303
00:22:38,280 --> 00:22:43,600
 While not originally zoned as a PD, properties with the zoning overlay were transitioned

304
00:22:43,600 --> 00:22:45,760
 to a dashed PD.

305
00:22:45,760 --> 00:22:50,460
 The dash adds the underlying zoning district while maintaining any conditions and restrictions

306
00:22:50,460 --> 00:22:53,560
 that were included as part of the zoning overlay.

307
00:22:53,560 --> 00:22:59,080
 The most significant changes as a result of the zoning transition were the landscape standards,

308
00:22:59,080 --> 00:23:05,640
 which increased from 10% to 25%, and tree canopy, which increased from 20% to 30%.

309
00:23:05,640 --> 00:23:13,320
 The proposed PD standards restore some of the RCCD standards originally used to design

310
00:23:13,320 --> 00:23:14,940
 the site.

311
00:23:14,940 --> 00:23:23,120
 Major deviations from the existing standards are the minimum lot size has increased from

312
00:23:23,120 --> 00:23:26,400
 zero to 2,500 square feet.

313
00:23:26,400 --> 00:23:36,560
 Minimum landscaped area is reduced by 15% to the original 10% it was designed under.

314
00:23:36,560 --> 00:23:41,520
 Major changes from the MN standards, the front yard setback has been increased by 10 feet.

315
00:23:41,520 --> 00:23:46,880
 The minimum landscaped area reduced by 10%, and the minimum tree canopy coverage is reduced

316
00:23:46,880 --> 00:23:49,720
 by 10%.

317
00:23:49,720 --> 00:23:55,200
 Any standards not addressed by the PD must comply with the underlying MR zoning district

318
00:23:55,200 --> 00:23:56,200
 standards.

319
00:23:56,200 --> 00:23:57,680
 Next slide, please.

320
00:23:57,680 --> 00:24:02,400
 These are the proposed PD parking standards.

321
00:24:02,400 --> 00:24:07,440
 For the most part, these are the parking standards in place prior to the approval of the new

322
00:24:07,440 --> 00:24:09,240
 DDC last year.

323
00:24:09,240 --> 00:24:13,760
 The only unique parking standard is number four, or sit down restaurants.

324
00:24:13,760 --> 00:24:18,520
 The standard gives a range between a minimum of one space per 100 square feet gross floor

325
00:24:18,520 --> 00:24:23,800
 area to one space per 40 feet gross floor area.

326
00:24:23,800 --> 00:24:28,560
 Any other parking standards which are not addressed by the PD regulations must comply

327
00:24:28,560 --> 00:24:37,640
 with section 7.9 and table 7.9-I of the 2019 DDC.

328
00:24:37,640 --> 00:24:40,880
 Next slide, please.

329
00:24:40,880 --> 00:24:47,560
 We have general criteria for approval of all applications in section 2.4.5E, and the site

330
00:24:47,560 --> 00:24:52,600
 does comply with those as noted in your backup, so I won't go into detail on those.

331
00:24:52,600 --> 00:24:59,720
 We also have six criteria for approval of a planned development in section 2.7.3D, and

332
00:24:59,720 --> 00:25:03,480
 I will go into those in more detail.

333
00:25:03,480 --> 00:25:09,520
 Criteria one, Denton Plan 2030, the site is designated regional mixed use.

334
00:25:09,520 --> 00:25:14,960
 The designation applies to areas located along the I-35 interchanges and primary arterials

335
00:25:14,960 --> 00:25:18,880
 to encourage the greatest regional accessibility.

336
00:25:18,880 --> 00:25:24,040
 Allowable uses may include national retailers and restaurants.

337
00:25:24,040 --> 00:25:28,240
 Proposed PD is consistent with the goals of the comprehensive plan.

338
00:25:28,240 --> 00:25:32,640
 Next slide, please.

339
00:25:32,640 --> 00:25:35,520
 Criteria two, complies with the DDC.

340
00:25:35,520 --> 00:25:40,080
 The proposal would be consistent with the PD development plan map which I referenced

341
00:25:40,080 --> 00:25:48,400
 earlier, PD development standards, and the MR district standards.

342
00:25:48,400 --> 00:25:52,920
 Criteria three, provides greater building design, amenities, and connectivity.

343
00:25:52,920 --> 00:25:57,640
 The PD would encourage a unified development standard consistent with the scale and uses

344
00:25:57,640 --> 00:26:03,200
 typically found on highway corridors and within regional mixed use centers.

345
00:26:03,200 --> 00:26:05,700
 Criteria four, residential uses.

346
00:26:05,700 --> 00:26:11,640
 There are no residential uses proposed, so this is not applicable.

347
00:26:11,640 --> 00:26:18,160
 For criteria five, non-residential uses, appropriate area, location, and planning, the proposed

348
00:26:18,160 --> 00:26:21,400
 development of restaurants and commercial businesses is consistent with the type of

349
00:26:21,400 --> 00:26:25,840
 commercial development typically found along an interstate highway.

350
00:26:25,840 --> 00:26:32,200
 Next slide.

351
00:26:32,200 --> 00:26:36,560
 Criteria six, provision of public facilities to support development.

352
00:26:36,560 --> 00:26:41,720
 First one, schools, this is not applicable since this is not a residential development.

353
00:26:41,720 --> 00:26:46,360
 Fire, the subject site is located within the eight minute or less response time to fire

354
00:26:46,360 --> 00:26:51,400
 station number six, located I-35 in Lillian Miller.

355
00:26:51,400 --> 00:26:55,600
 Law enforcement, the Denton PD indicated that the development would not have a significant

356
00:26:55,600 --> 00:27:02,600
 or negative impact on response time, or that the development of these seven out parcels

357
00:27:02,600 --> 00:27:08,920
 would impact the number of calls currently received for this area.

358
00:27:08,920 --> 00:27:14,360
 As slide criteria six continued, water and wastewater connections are available to the

359
00:27:14,360 --> 00:27:20,200
 out parcels from Nugget Way, as can be seen on this slide.

360
00:27:20,200 --> 00:27:31,280
 Streets, three access points to the site are planned from the I-35 service road, as can

361
00:27:31,280 --> 00:27:35,140
 be seen on this slide.

362
00:27:35,140 --> 00:27:40,160
 Nugget Way, an internal private road, will be the primary access to all the pad sites.

363
00:27:40,160 --> 00:27:47,600
 Access will not be permitted to the individual pad sites from the I-35 service road.

364
00:27:47,600 --> 00:27:49,640
 Next slide.

365
00:27:49,640 --> 00:27:54,560
 The perimeter street improvements along the southbound I-35 service road were recently

366
00:27:54,560 --> 00:28:00,560
 completed and include the Brinker Road underpass, which will aid in the flow of traffic to this

367
00:28:00,560 --> 00:28:03,960
 area.

368
00:28:03,960 --> 00:28:09,600
 And finally, per the traffic assessment memo, Bucky's development and the subject pad sites

369
00:28:09,600 --> 00:28:13,040
 will have minimal impact on the roadway network.

370
00:28:13,040 --> 00:28:25,680
 Again, since this is a non-residential development, there will be no impact on the park system.

371
00:28:25,680 --> 00:28:30,680
 We sent out notices within 200 and 500 feet of the site, as well as putting a newspaper

372
00:28:30,680 --> 00:28:33,880
 ad in the newspaper.

373
00:28:33,880 --> 00:28:43,000
 We received two in opposition outside of the 200 foot buffer, and one in favor, also outside

374
00:28:43,000 --> 00:28:44,880
 of the 200 foot buffer.

375
00:28:44,880 --> 00:28:48,800
 A neighborhood meeting was not held.

376
00:28:48,800 --> 00:28:54,200
 Staff recommends approval of rezoning the 12.42 acre site to plan development with the mixed

377
00:28:54,200 --> 00:29:00,080
 use regional underlying zoning district with the modifications provided in the PD standards

378
00:29:00,080 --> 00:29:01,080
 table.

379
00:29:01,080 --> 00:29:07,080
 And each lot must submit for a site plan in accordance with section 2.5.1 of the DDC.

380
00:29:07,080 --> 00:29:11,200
 That concludes my presentation, and the applicant is available.

381
00:29:11,200 --> 00:29:18,360
 There are two slides after this presentation that the applicant will discuss.

382
00:29:18,360 --> 00:29:20,120
 Thank you very much, Cindy.

383
00:29:20,120 --> 00:29:21,440
 One point of clarification, Cindy.

384
00:29:21,440 --> 00:29:28,680
 All the plats that you showed had the old road continuing through the property.

385
00:29:28,680 --> 00:29:33,840
 Is that the actual platting that is the current platting everyone's going off of, or is that

386
00:29:33,840 --> 00:29:37,200
 just for our presentation had an older plat?

387
00:29:37,200 --> 00:29:43,760
 Well, the presentation that I provided didn't include a plat, it was just a site plan.

388
00:29:43,760 --> 00:29:44,760
 Okay.

389
00:29:44,760 --> 00:29:51,080
 So that site plan is not what I don't think is, it's definitely not what's on the ground

390
00:29:51,080 --> 00:29:53,440
 right now.

391
00:29:53,440 --> 00:29:57,960
 Which street are you referring to, Nugget Way?

392
00:29:57,960 --> 00:30:04,880
 There's the one that went through the ESA that was not passed through P and Z, but it's

393
00:30:04,880 --> 00:30:07,480
 showing on that site.

394
00:30:07,480 --> 00:30:08,480
 Yeah.

395
00:30:08,480 --> 00:30:09,480
 That's planned.

396
00:30:09,480 --> 00:30:16,600
 As I mentioned in the presentation, in order to develop that part of the street and the

397
00:30:16,600 --> 00:30:20,080
 entrance, they will have to first get an alternate ESA approved.

398
00:30:20,080 --> 00:30:25,200
 So that just stays on there as if it could happen in the future?

399
00:30:25,200 --> 00:30:29,640
 It could happen as long as they get approval for the alternate ESA.

400
00:30:29,640 --> 00:30:30,640
 Okay.

401
00:30:30,640 --> 00:30:31,640
 That makes sense.

402
00:30:31,640 --> 00:30:32,640
 I appreciate that clarification.

403
00:30:32,640 --> 00:30:35,920
 Commissioner Beck was next.

404
00:30:35,920 --> 00:30:37,440
 Thank you, chair.

405
00:30:37,440 --> 00:30:41,200
 My first question falls directly on from the chair's question.

406
00:30:41,200 --> 00:30:49,620
 So if we grant this PD, does that in any way grant that extension and sort of grease the

407
00:30:49,620 --> 00:30:54,240
 wheels for the alternate ESA through that area?

408
00:30:54,240 --> 00:30:56,840
 No, no.

409
00:30:56,840 --> 00:30:59,160
 They have to get an alternate ESA before they can do it.

410
00:30:59,160 --> 00:31:01,320
 It's just showing what's proposed.

411
00:31:01,320 --> 00:31:03,260
 Okay.

412
00:31:03,260 --> 00:31:12,400
 And my second question is for the facilities, the restaurants or retail on the northeast

413
00:31:12,400 --> 00:31:21,960
 side, where the .9 acres are being proposed to be changed, is there anything in the current

414
00:31:21,960 --> 00:31:30,520
 designation precluding a restaurant or retail from coming into that overlap area where the

415
00:31:30,520 --> 00:31:32,440
 zones overlap?

416
00:31:32,440 --> 00:31:37,560
 No, because are you talking about the two lots that have the split zoning?

417
00:31:37,560 --> 00:31:38,560
 Yes, ma'am.

418
00:31:38,560 --> 00:31:44,920
 Well, those are included right now in the request.

419
00:31:44,920 --> 00:31:48,080
 And that split zoning would go away and it would become PD.

420
00:31:48,080 --> 00:31:49,080
 Okay.

421
00:31:49,080 --> 00:31:58,760
 So but my question is there's nothing currently precluding facilities from going in there in

422
00:31:58,760 --> 00:32:01,200
 the existing process.

423
00:32:01,200 --> 00:32:06,440
 I guess where I'm getting at, my question is sort of what's the advantage to the city

424
00:32:06,440 --> 00:32:13,240
 or to Denton to make this a PD if everything is pretty much staying the same, why should

425
00:32:13,240 --> 00:32:19,320
 we change anything if restaurants and retail could already come in there and we're not

426
00:32:19,320 --> 00:32:26,160
 affecting the ESA and alternative ESA process, why do we need to do this?

427
00:32:26,160 --> 00:32:33,160
 The reason for doing this is because the site was already designed in 2017 when Buckies

428
00:32:33,160 --> 00:32:41,800
 was approved and if we have to make them meet today's standards, these lots would not be

429
00:32:41,800 --> 00:32:45,160
 able to meet today's standards.

430
00:32:45,160 --> 00:32:46,880
 Is that from the tree canopy?

431
00:32:46,880 --> 00:32:53,360
 That's from the tree canopy and the landscaping.

432
00:32:53,360 --> 00:32:57,760
 But those are relatively flexible nebulous things that a developer could put in.

433
00:32:57,760 --> 00:33:03,720
 You could add some more trees and add some more bushes.

434
00:33:03,720 --> 00:33:11,400
 Again this is the reason that the applicant has requested and applied for this PD.

435
00:33:11,400 --> 00:33:16,440
 The applicant can address this also if you'd like to question him as well.

436
00:33:16,440 --> 00:33:20,160
 Well, I'll leave that to Chair to decide.

437
00:33:20,160 --> 00:33:22,600
 But I think that's all my questions for now.

438
00:33:22,600 --> 00:33:23,600
 Thank you.

439
00:33:23,600 --> 00:33:24,600
 Okay.

440
00:33:24,600 --> 00:33:32,480
 I had Commissioner Ellis next, do you still have a question Commissioner Ellis?

441
00:33:32,480 --> 00:33:34,400
 I do.

442
00:33:34,400 --> 00:33:39,880
 One of my questions had to do with that alt ESA, I mean that got tremendous pushback when

443
00:33:39,880 --> 00:33:45,840
 it was requested and they actually pulled the request, I remember, because it was going

444
00:33:45,840 --> 00:33:49,040
 to fail.

445
00:33:49,040 --> 00:33:56,740
 So in looking at the information here, the traffic memo suggests that that nugget way

446
00:33:56,740 --> 00:34:00,780
 is going to be the main access to these pad sites.

447
00:34:00,780 --> 00:34:10,000
 So I'm trying to understand if the alt ESA got pushed again in the negative direction,

448
00:34:10,000 --> 00:34:14,880
 what would be the alternative here?

449
00:34:14,880 --> 00:34:23,200
 Well, the alternative would be they would have to come in and perhaps revise the PD

450
00:34:23,200 --> 00:34:31,240
 for a different use for the site or a different concept plan.

451
00:34:31,240 --> 00:34:37,040
 Okay, let me think on that.

452
00:34:37,040 --> 00:34:42,000
 Well, because nugget way would be needed to access the site and that drive would, what

453
00:34:42,000 --> 00:34:51,160
 they'd have to do probably is get a text dot, get a text dot permit to access the site directly

454
00:34:51,160 --> 00:34:52,760
 from I-35.

455
00:34:52,760 --> 00:34:57,280
 We're talking just to clarify lot two, correct?

456
00:34:57,280 --> 00:34:59,400
 Yes.

457
00:34:59,400 --> 00:35:04,520
 Without an alt ESA, they could not access that site from the private road.

458
00:35:04,520 --> 00:35:11,040
 They would have to use, there's an old right of way dedication, I believe it was dedicated

459
00:35:11,040 --> 00:35:18,340
 to Denton County, just to the west of the site on the west boundary of lot two.

460
00:35:18,340 --> 00:35:24,440
 So they would need to apply to text dot for that in order to access lot two.

461
00:35:24,440 --> 00:35:30,440
 They could not access it internal from nugget way without an alternative ESA.

462
00:35:30,440 --> 00:35:31,440
 Right.

463
00:35:31,440 --> 00:35:36,240
 So if the alternative ESA, which again, it was difficult to get passed before, who knows,

464
00:35:36,240 --> 00:35:40,760
 I guess, if they asked for it again, but it's the same area, it's the exact same request.

465
00:35:40,760 --> 00:35:45,680
 I believe that it was several years ago.

466
00:35:45,680 --> 00:35:46,680
 Correct?

467
00:35:46,680 --> 00:35:47,680
 Correct.

468
00:35:47,680 --> 00:35:51,000
 And it's plotted it, but noted that it essentially stops there.

469
00:35:51,000 --> 00:35:55,500
 And when that master site plan was approved, it shows the road going all the way through,

470
00:35:55,500 --> 00:36:03,960
 but it is noted that an alternative ESA is required if it would traverse that area.

471
00:36:03,960 --> 00:36:04,960
 Okay.

472
00:36:04,960 --> 00:36:11,720
 Another question I had, Cindy, was sign regulations for this, for these sites.

473
00:36:11,720 --> 00:36:20,600
 I know Bucky's got a variance from ZBA to make their sign larger.

474
00:36:20,600 --> 00:36:27,120
 What are current sign regulations for these sites once they would be developed?

475
00:36:27,120 --> 00:36:31,680
 They would have to comply with the sign regulations in place today.

476
00:36:31,680 --> 00:36:39,200
 So they would not be included in the variance that Bucky's got, or?

477
00:36:39,200 --> 00:36:42,640
 My understanding was the variance was just for that one sign.

478
00:36:42,640 --> 00:36:44,300
 Correct.

479
00:36:44,300 --> 00:36:45,300
 That is correct?

480
00:36:45,300 --> 00:36:46,300
 Okay.

481
00:36:46,300 --> 00:36:47,300
 That is correct.

482
00:36:47,300 --> 00:36:48,300
 All right.

483
00:36:48,300 --> 00:36:49,300
 Thank you.

484
00:36:49,300 --> 00:36:50,300
 The next thing we had is Commissioner Smith.

485
00:36:50,300 --> 00:36:51,300
 You still have a question?

486
00:36:51,300 --> 00:36:52,300
 I do.

487
00:36:52,300 --> 00:36:53,300
 Yeah.

488
00:36:53,300 --> 00:36:57,440
 Going off of Commissioner Ellis as well as Commissioner Beck's question about the alternate

489
00:36:57,440 --> 00:37:04,240
 ESA, Cindy, what are the criteria for approval for an alternative ESA when it does come back,

490
00:37:04,240 --> 00:37:07,920
 because they're going to obviously want to try to expand Nugget Way?

491
00:37:07,920 --> 00:37:13,680
 The thing that I think I'm looking at this from is would the approval of this PD be used

492
00:37:13,680 --> 00:37:18,920
 as evidence for why the criteria for the approval for the alternative ESA is, well, it's already

493
00:37:18,920 --> 00:37:20,520
 approved in the PD.

494
00:37:20,520 --> 00:37:26,120
 So essentially, I can see this as being an issue, saying we're approving a PD, therefore

495
00:37:26,120 --> 00:37:29,840
 paving the way for there to be criteria for approval for an alternative ESA.

496
00:37:29,840 --> 00:37:35,600
 So could you walk me through, if you were to come back and do the alternative ESA presentation,

497
00:37:35,600 --> 00:37:37,880
 what that criteria for approval would be?

498
00:37:37,880 --> 00:37:43,440
 And outside of there being the plans, the concept plan and the PD for the road there,

499
00:37:43,440 --> 00:37:48,000
 what other requirements would need to be met so that we have some other ideas of what evidence

500
00:37:48,000 --> 00:37:51,840
 would have to be presented, other than just say, well, the grounds for approval is mainly

501
00:37:51,840 --> 00:37:55,340
 that the PD says it should be there.

502
00:37:55,340 --> 00:38:01,800
 If I may, within the PD regulations themselves, it's explicit that you cannot use a PD to

503
00:38:01,800 --> 00:38:05,960
 modify any alternative ESA.

504
00:38:05,960 --> 00:38:11,920
 You can't usurp the ESA process through a PD, nor can you modify tree preservation standards

505
00:38:11,920 --> 00:38:12,920
 through a PD.

506
00:38:12,920 --> 00:38:17,560
 Yeah, and I'm not asking if they're alternating the PD, I'm saying that if, let's say we approve

507
00:38:17,560 --> 00:38:20,880
 it today and the next meeting they come back and say, hey, we have an application for alternative

508
00:38:20,880 --> 00:38:26,440
 ESA, and our criteria for approval as a city is does it meet what the current standards

509
00:38:26,440 --> 00:38:29,160
 are within this area based off of zoning?

510
00:38:29,160 --> 00:38:34,480
 Well, there's a PD here, it has on the concept plan for the road, it's supposed to go through

511
00:38:34,480 --> 00:38:35,480
 here.

512
00:38:35,480 --> 00:38:36,480
 Here's our criteria for approval.

513
00:38:36,480 --> 00:38:40,360
 This shows that we should support it because we've already approved the concept plan.

514
00:38:40,360 --> 00:38:46,280
 And I've seen it too many times on the Planning and Zoning Commission where we get recommendations

515
00:38:46,280 --> 00:38:49,720
 for an approval because we're stuck between a rock and a hard place.

516
00:38:49,720 --> 00:38:53,840
 And this feels like to me that we're almost at that point right now where we could be

517
00:38:53,840 --> 00:38:58,280
 painting ourselves or a future commission between a rock and a hard place because the

518
00:38:58,280 --> 00:39:00,800
 concept plan has it approved, they can do it there.

519
00:39:00,800 --> 00:39:04,800
 Yes, they have to get an all ESA before they can build it, but you know, the concept plan

520
00:39:04,800 --> 00:39:05,800
 does it.

521
00:39:05,800 --> 00:39:09,600
 Does that make sense, Richard, what I'm asking and Cindy, do you guys understand the question?

522
00:39:09,600 --> 00:39:14,160
 Sure, I understand what you're saying.

523
00:39:14,160 --> 00:39:22,960
 This is actually the, if you look, let's see, if you look at the master site plan that was

524
00:39:22,960 --> 00:39:26,120
 approved in 2017, it also shows the same thing.

525
00:39:26,120 --> 00:39:30,360
 So they already have this approval that is within the existing PD.

526
00:39:30,360 --> 00:39:38,840
 However, saying that, as Richard said, you can't use a PD to change the requirements

527
00:39:38,840 --> 00:39:48,040
 and get around other regulations like such as tree preservation or ESA preservation.

528
00:39:48,040 --> 00:39:55,080
 They would have to show that the all ESA plan is a superior plan above what is currently

529
00:39:55,080 --> 00:39:57,320
 required.

530
00:39:57,320 --> 00:40:00,760
 So the criteria for approval, that's really what the original question was, the criteria

531
00:40:00,760 --> 00:40:04,800
 for approval for an all ESA, whenever we eventually would see it, because they're obviously not

532
00:40:04,800 --> 00:40:08,960
 to put in the concept plan if they're not going to come back and try to get it, would

533
00:40:08,960 --> 00:40:12,960
 be tree mitigation rights, preservation within that, it obviously be drainage.

534
00:40:12,960 --> 00:40:17,440
 What other criteria for approval we'd be seeing that we would have a chance or a future commission

535
00:40:17,440 --> 00:40:22,240
 would have a chance to vet to make sure that it is a truly good all ESA before we go into

536
00:40:22,240 --> 00:40:26,080
 there rather than saying, hey, we should approve it because the concept plan is there.

537
00:40:26,080 --> 00:40:29,200
 So what other criteria for approval are there, Cindy?

538
00:40:29,200 --> 00:40:34,720
 I'm trying to look them up for you right now, but one I do recall is that I think that is

539
00:40:34,720 --> 00:40:44,080
 the big one is that they have to prove that this exceeds the requirements for ESA preservation.

540
00:40:44,080 --> 00:40:51,520
 So they have a pretty stringent development requirement that they have to exceed what

541
00:40:51,520 --> 00:41:00,640
 is required, and they'd have to prove that up before this could be approved or even recommended

542
00:41:00,640 --> 00:41:01,640
 for approval.

543
00:41:01,640 --> 00:41:06,840
 Richard, do you have any other criteria for approval that you can go through for all the

544
00:41:06,840 --> 00:41:07,840
 ESA...

545
00:41:07,840 --> 00:41:08,840
 Yeah.

546
00:41:08,840 --> 00:41:09,840
 I'm pulling those up right now.

547
00:41:09,840 --> 00:41:10,840
 Okay.

548
00:41:10,840 --> 00:41:11,840
 Thanks.

549
00:41:11,840 --> 00:41:20,080
 I know, Chair, we're tied for time, so if I need to maybe bring this up in public, I

550
00:41:20,080 --> 00:41:21,080
 can do that as well.

551
00:41:21,080 --> 00:41:26,160
 Well, what I might do is, Commissioner Pernetta, I believe, has a question while Richard's

552
00:41:26,160 --> 00:41:31,440
 looking up your response, Commissioner Smith, I want to let Pernetta have the floor.

553
00:41:31,440 --> 00:41:36,400
 Yeah, and a lot of my question was based on what Commissioner Smith is bringing up right

554
00:41:36,400 --> 00:41:37,400
 now.

555
00:41:37,400 --> 00:41:42,520
 I want to make sure that by voting for this one, we don't make Altice basically a fait

556
00:41:42,520 --> 00:41:43,520
 accompli.

557
00:41:43,520 --> 00:41:50,080
 And I'll probably bring these questions up in public, because overall we know Buc-Ease

558
00:41:50,080 --> 00:41:54,720
 is a lightning rod, and whether or not there's people on the line right now, eventually these

559
00:41:54,720 --> 00:41:55,800
 questions will come out.

560
00:41:55,800 --> 00:42:02,280
 So when I look at what we're voting on, in essence, everything's already been approved,

561
00:42:02,280 --> 00:42:05,220
 was approved back in 2008.

562
00:42:05,220 --> 00:42:11,180
 Most of the changes that I'm seeing are pertinent to that one little 0.83 section, and it's

563
00:42:11,180 --> 00:42:19,760
 a matter of a 10% difference on the tree canopy and some landscaping outside of that.

564
00:42:19,760 --> 00:42:25,040
 Overall, we're mainly just kind of getting this in compliance with what we've passed

565
00:42:25,040 --> 00:42:26,040
 last year, right?

566
00:42:26,040 --> 00:42:31,240
 And is that incorrect in terms of why we're doing this and what we're going forward on

567
00:42:31,240 --> 00:42:32,240
 this?

568
00:42:32,240 --> 00:42:34,280
 Well, it's two-phase.

569
00:42:34,280 --> 00:42:40,200
 A part of it is we are getting it into compliance as much as we can with what was passed last

570
00:42:40,200 --> 00:42:41,200
 year.

571
00:42:41,200 --> 00:42:50,640
 However, we are maintaining those few standards that I noted that the applicant needs to be

572
00:42:50,640 --> 00:42:57,660
 able to make the lots work because of how the drainage and infrastructure was designed.

573
00:42:57,660 --> 00:43:02,080
 And those standards that I'm talking about are the ones I noted, the increase of the

574
00:43:02,080 --> 00:43:10,480
 minimum lot size, the minimum landscape area reduced by 15% in the PDMR, the front yard

575
00:43:10,480 --> 00:43:18,200
 setback increased by 10% in PDMN, minimum landscape area reduced by 10%, and minimum

576
00:43:18,200 --> 00:43:21,000
 tree canopy coverage reduced by 10%.

577
00:43:21,000 --> 00:43:29,920
 As I noted, part of the plan for this whole area was to keep the open space and tree preservation

578
00:43:29,920 --> 00:43:40,040
 to the rear of the site to buffer the residences and push the development up against I-35.

579
00:43:40,040 --> 00:43:45,560
 And to do that, that would mean they'd have to have a reduced landscape and tree canopy.

580
00:43:45,560 --> 00:43:51,880
 When the site was first approved, it was all one lot, essentially all one area.

581
00:43:51,880 --> 00:43:58,600
 And so that was how it was approved.

582
00:43:58,600 --> 00:44:04,320
 And we're just trying to maintain some of those approvals in order to have the site

583
00:44:04,320 --> 00:44:13,280
 develop and be an attractive, useful addition to the city.

584
00:44:13,280 --> 00:44:19,840
 Okay, pending the response to Commissioner Smith's questions, I bet that's all I've

585
00:44:19,840 --> 00:44:20,840
 got.

586
00:44:20,840 --> 00:44:21,840
 Thank you.

587
00:44:21,840 --> 00:44:23,560
 Richard, do you have any context or help?

588
00:44:23,560 --> 00:44:24,560
 I do.

589
00:44:24,560 --> 00:44:33,920
 There's section 2.8.4 of the DDC outline six approval criteria for an alternative ESA.

590
00:44:33,920 --> 00:44:39,520
 One, mitigation goals are obtained by creating, expanding, or improving ESAs.

591
00:44:39,520 --> 00:44:43,640
 Mitigation goals are obtained by preserving above the minimum requirements, exchanges

592
00:44:43,640 --> 00:44:47,040
 between different types of ESA.

593
00:44:47,040 --> 00:44:51,280
 Areas offered as mitigation are linked to existing or planned open space or conservation

594
00:44:51,280 --> 00:44:52,280
 areas.

595
00:44:52,280 --> 00:44:55,900
 So if you think in terms of other ESAs that we've seen, there's usually a give and take.

596
00:44:55,900 --> 00:45:02,920
 So if you take away, there's some mitigation that is required to occur.

597
00:45:02,920 --> 00:45:07,240
 And then areas offered as mitigation are placed either in a lot or lots that incorporate a

598
00:45:07,240 --> 00:45:13,040
 permanent conservation easement or preserved habitat or some other legal mechanism for

599
00:45:13,040 --> 00:45:15,200
 the long-term conservation.

600
00:45:15,200 --> 00:45:23,280
 And then the Alt ESA, just had a pop-up that blocked it, sorry, the Alt ESA plan demonstrates

601
00:45:23,280 --> 00:45:28,160
 that the property owners results in a higher quality development meeting the intent.

602
00:45:28,160 --> 00:45:34,480
 So just because we went through sort of a PD zoning, there's still six tests essentially

603
00:45:34,480 --> 00:45:40,440
 that they need to meet, none that really depend on the approval of this.

604
00:45:40,440 --> 00:45:46,560
 One thing I will mention with respect to the tree canopy, they are increasing it from that

605
00:45:46,560 --> 00:45:48,520
 20 to 30.

606
00:45:48,520 --> 00:45:54,360
 They are meeting the new standard where they're decreasing it is just on that 0.88 acres where

607
00:45:54,360 --> 00:45:55,360
 the diagonal side.

608
00:45:55,360 --> 00:46:00,760
 I just wanted to make sure that was clear.

609
00:46:00,760 --> 00:46:01,760
 Thank you, Richard.

610
00:46:01,760 --> 00:46:02,760
 Appreciate it.

611
00:46:02,760 --> 00:46:07,960
 Can I ask a clarifying question real fast of the site plan?

612
00:46:07,960 --> 00:46:16,940
 Is there any new detail about, excuse me, nugget way on this request that's not already codified

613
00:46:16,940 --> 00:46:19,520
 by previous approvals?

614
00:46:19,520 --> 00:46:21,400
 No.

615
00:46:21,400 --> 00:46:31,280
 So by approving potentially the PD request tonight, we're not actually changing or providing

616
00:46:31,280 --> 00:46:38,360
 any more notes or details or approval or consideration or paving any pathway or rationale or context

617
00:46:38,360 --> 00:46:46,120
 or anything about nugget way that's not already previously been provided to the applicant?

618
00:46:46,120 --> 00:46:47,120
 That's correct.

619
00:46:47,120 --> 00:46:48,120
 Okay.

620
00:46:48,120 --> 00:46:49,120
 Thank you very much.

621
00:46:49,120 --> 00:46:53,840
 And Chair, it may help if we have just two seconds, if Julie can pull the presentation

622
00:46:53,840 --> 00:47:13,660
 back up to show the plat or if you look at the attachment to the agenda item.

623
00:47:13,660 --> 00:47:26,240
 If you look at Exhibit 9 in the packet, it shows you the approved plat.

624
00:47:26,240 --> 00:47:31,200
 And so that Nugget Way, well, this is the master site plan.

625
00:47:31,200 --> 00:47:34,360
 It essentially follows the plat.

626
00:47:34,360 --> 00:47:39,420
 So that Nugget Way is plotted as a private road.

627
00:47:39,420 --> 00:47:43,540
 So this approval would not change the layout.

628
00:47:43,540 --> 00:47:45,660
 They would have to amend that plat.

629
00:47:45,660 --> 00:47:51,800
 So regardless of approving this PD or not tonight, the mechanism of still applying for

630
00:47:51,800 --> 00:48:00,240
 an ALT ESA is still the required avenue in order to complete Nugget Way across that environmentally

631
00:48:00,240 --> 00:48:01,540
 sensitive area.

632
00:48:01,540 --> 00:48:02,540
 Absolutely.

633
00:48:02,540 --> 00:48:03,540
 Okay.

634
00:48:03,540 --> 00:48:15,120
 Is there any other questions for Cindy or staff on Item 2B?

635
00:48:15,120 --> 00:48:16,120
 Okay.

636
00:48:16,120 --> 00:48:17,120
 Next item for business.

637
00:48:17,120 --> 00:48:18,120
 Thank you, Cindy, for that.

638
00:48:18,120 --> 00:48:20,120
 We'll talk to you soon.

639
00:48:20,120 --> 00:48:21,120
 Okay.

640
00:48:21,120 --> 00:48:29,940
 Is Item, actually, 3C and it is Julie Wyatt.

641
00:48:29,940 --> 00:48:36,480
 This item has been brought forward back from our March 4th meeting.

642
00:48:36,480 --> 00:48:46,080
 Good evening, I'm Julie Wyatt and I am presenting a comprehensive plan amendment to you tonight,

643
00:48:46,080 --> 00:48:53,720
 CA191A Canopy Trails.

644
00:48:53,720 --> 00:48:58,900
 So this request before you, and you're correct, this did come before you earlier this year.

645
00:48:58,900 --> 00:49:03,020
 We're back with some additional information for their rezoning, but first we're going

646
00:49:03,020 --> 00:49:05,220
 to talk about the comprehensive plan amendment.

647
00:49:05,220 --> 00:49:13,680
 So this is a request to modify the future land use designation for 98 acres from business

648
00:49:13,680 --> 00:49:15,820
 innovation to regional mixed use.

649
00:49:15,820 --> 00:49:17,140
 You can see the property there.

650
00:49:17,140 --> 00:49:24,240
 It is at the intersection of Shady Oaks and Loop 288.

651
00:49:24,240 --> 00:49:28,180
 So Dent Plan 2030 was adopted in February of 2015.

652
00:49:28,180 --> 00:49:32,280
 As part of that comprehensive plan, there was a future land use map and that identifies

653
00:49:32,280 --> 00:49:35,860
 the locations for future land use designations.

654
00:49:35,860 --> 00:49:38,820
 This future land use map guides our zoning decisions.

655
00:49:38,820 --> 00:49:44,160
 We look at that first when we look at any zoning case to see what kind of what the vision

656
00:49:44,160 --> 00:49:46,040
 of that area is.

657
00:49:46,040 --> 00:49:49,680
 The best planning practice really is that zoning should be consistent with that comprehensive

658
00:49:49,680 --> 00:49:52,460
 plan and the future land use map.

659
00:49:52,460 --> 00:49:56,920
 Under our previous code, our 2002 code, we had pretty limited criteria for approval for

660
00:49:56,920 --> 00:49:58,580
 a zoning case.

661
00:49:58,580 --> 00:50:03,700
 It was really just, does it meet the future land use and does it have adequate public

662
00:50:03,700 --> 00:50:05,340
 infrastructure?

663
00:50:05,340 --> 00:50:09,580
 And it also provided an alternative path for cases that didn't meet that future land use

664
00:50:09,580 --> 00:50:10,580
 map.

665
00:50:10,580 --> 00:50:13,980
 So we saw a lot of cases that didn't meet the future land use map and they were able

666
00:50:13,980 --> 00:50:21,020
 to be analyzed and recommended for approval or approved based upon that alternative criteria.

667
00:50:21,020 --> 00:50:26,060
 When we adopted the new 2019 code, we have more robust criteria for approval and we really

668
00:50:26,060 --> 00:50:30,780
 as staff felt like we should start implementing those best practices, that really the zoning

669
00:50:30,780 --> 00:50:34,020
 should follow that future land use map.

670
00:50:34,020 --> 00:50:39,040
 There are instances where that future land use map may require a limited amendment and

671
00:50:39,040 --> 00:50:42,340
 that's why the code does allow for that.

672
00:50:42,340 --> 00:50:48,180
 Section 2.7.1 outlines the purposes and process for a comprehensive plan amendment.

673
00:50:48,180 --> 00:50:52,540
 It really is to provide flexibility when there are changing circumstances.

674
00:50:52,540 --> 00:50:55,620
 Comprehensive plans are policy documents, but they are living documents that we want

675
00:50:55,620 --> 00:51:01,740
 to always make sure that they are current and that they are adequately representing

676
00:51:01,740 --> 00:51:04,820
 our city and our vision.

677
00:51:04,820 --> 00:51:10,740
 So for this specific case, we're first going to orient ourselves with the existing conditions.

678
00:51:10,740 --> 00:51:13,760
 The subject property is once again outlined in yellow.

679
00:51:13,760 --> 00:51:18,820
 There's a large government center across the street, across Loop 288, that's the Denton

680
00:51:18,820 --> 00:51:19,820
 County buildings.

681
00:51:19,820 --> 00:51:24,700
 There are utilities adjacent to the west of the site.

682
00:51:24,700 --> 00:51:31,220
 There's quite a bit of retail along Loop 288 taking advantage of that access and visibility.

683
00:51:31,220 --> 00:51:33,060
 There's also residential coming in.

684
00:51:33,060 --> 00:51:36,580
 We've got some age-restricted housing.

685
00:51:36,580 --> 00:51:42,660
 We have multifamily in several places, so it really has filled in in this area into

686
00:51:42,660 --> 00:51:47,540
 be a mixed-use commercial corridor.

687
00:51:47,540 --> 00:51:52,940
 The current future land use map identifies this area, as I said, as business innovation.

688
00:51:52,940 --> 00:51:58,900
 The intent is for those large tracts that are for employment-type uses, think large-scale

689
00:51:58,900 --> 00:52:04,220
 office, distribution, light, you know, manufacturing.

690
00:52:04,220 --> 00:52:09,780
 So we typically see the zoning districts that fall within that umbrella business innovation

691
00:52:09,780 --> 00:52:15,340
 term are general office and light industrial, which is what's currently on the property.

692
00:52:15,340 --> 00:52:19,380
 The last time this came before you, Commissioner Smith asked a really good question that I

693
00:52:19,380 --> 00:52:21,300
 got the answer to.

694
00:52:21,300 --> 00:52:25,700
 He wanted to know how much acreage is in business innovation within the city.

695
00:52:25,700 --> 00:52:32,900
 And our GIS did an analysis, and there is about 4,700 acres within the city limits designated

696
00:52:32,900 --> 00:52:34,820
 as business innovation.

697
00:52:34,820 --> 00:52:40,500
 Of that total, they did an additional analysis that about 2,000 of those acres are either

698
00:52:40,500 --> 00:52:44,420
 undeveloped or developed with an agricultural use.

699
00:52:44,420 --> 00:52:50,340
 You know, by that analysis, staff does not feel like the removal of the 98 acres from

700
00:52:50,340 --> 00:52:54,600
 business innovation would impact the city's ability to attract employment-type uses and

701
00:52:54,600 --> 00:52:57,660
 development.

702
00:52:57,660 --> 00:53:04,340
 So when we get -- when we talk about our comprehensive plan and the structure of our city, I think

703
00:53:04,340 --> 00:53:08,380
 it's informative to kind of look at the historical context to see where we were.

704
00:53:08,380 --> 00:53:11,580
 So this is the aerial map from 1964.

705
00:53:11,580 --> 00:53:15,500
 The subject property is generally in the area of the blue star.

706
00:53:15,500 --> 00:53:17,140
 It was a rural area.

707
00:53:17,140 --> 00:53:20,060
 And as the crow flies, it was two miles from the square.

708
00:53:20,060 --> 00:53:24,240
 So it was probably quite a distance when, you know, mentally thinking you were probably

709
00:53:24,240 --> 00:53:26,500
 out kind of in the middle of nowhere.

710
00:53:26,500 --> 00:53:30,340
 One of the biggest defining features was that power plant, the water and power plant that

711
00:53:30,340 --> 00:53:33,240
 is kind of in the middle of the screen.

712
00:53:33,240 --> 00:53:38,240
 And so that was kind of out on the outskirts of town, which is where you often find those

713
00:53:38,240 --> 00:53:40,820
 types of uses.

714
00:53:40,820 --> 00:53:48,380
 As you jump forward a few years to 1970 -- the 1974 to 1992 comprehensive plan, the aerial

715
00:53:48,380 --> 00:53:50,940
 is from 1972.

716
00:53:50,940 --> 00:53:56,620
 Once again, the subject property is about the spot of the star.

717
00:53:56,620 --> 00:54:02,300
 The defining feature was still that power plant and the rural nature of that area.

718
00:54:02,300 --> 00:54:08,300
 That comprehensive plan designated it for kind of industrial and public uses probably

719
00:54:08,300 --> 00:54:16,540
 because of that existing land use out there and just the kind of distance from town.

720
00:54:16,540 --> 00:54:24,180
 Then we move ahead to the next comprehensive plan, the 1999 to 2020 Denton plan.

721
00:54:24,180 --> 00:54:28,460
 When you look at the map, sorry, it's a little fuzzy.

722
00:54:28,460 --> 00:54:31,980
 The once again, subject property is the blue star.

723
00:54:31,980 --> 00:54:34,820
 The regional mixed use came in at that time.

724
00:54:34,820 --> 00:54:41,740
 The mall was there, I-35 is a pretty important mixed use corridor within the city.

725
00:54:41,740 --> 00:54:44,100
 You can kind of see the faint outline of Luke 288.

726
00:54:44,100 --> 00:54:49,300
 So that regional mixed use started coming in, emanating out from the highway.

727
00:54:49,300 --> 00:54:51,420
 It restricted that employment center area.

728
00:54:51,420 --> 00:54:55,740
 That employment center was for that kind of employment industrial type use.

729
00:54:55,740 --> 00:54:59,460
 And then when you look at the aerial, you can kind of see the commercial development

730
00:54:59,460 --> 00:55:02,020
 has started to come in.

731
00:55:02,020 --> 00:55:07,740
 Still pretty rural or still pretty undeveloped adjacent to the property.

732
00:55:07,740 --> 00:55:10,940
 And then that brings us to today's comprehensive plan.

733
00:55:10,940 --> 00:55:20,500
 So the larger map shows the general future land use map for the area, that the business

734
00:55:20,500 --> 00:55:27,500
 innovation kind of spans where that employment center was in the previous comprehensive plan.

735
00:55:27,500 --> 00:55:32,060
 In looking at the comprehensive plan, this future land use map was based upon the preferred

736
00:55:32,060 --> 00:55:33,060
 growth concept.

737
00:55:33,060 --> 00:55:37,700
 And that preferred growth concept was based upon lots of inputs.

738
00:55:37,700 --> 00:55:43,320
 One of the input was the community, the community survey, and how the community wanted to grow.

739
00:55:43,320 --> 00:55:48,820
 And their big thing is we wanted to grow compactly, we wanted to try to prevent sprawl.

740
00:55:48,820 --> 00:55:54,860
 It was also based upon existing land uses, existing zoning, and then context evaluation

741
00:55:54,860 --> 00:55:55,860
 with aerial maps.

742
00:55:55,860 --> 00:55:58,860
 So that's really how they arrived at this future land use map.

743
00:55:58,860 --> 00:56:06,940
 And when you look at the 2002 zoning with the ECI and the ECC, those were our kind of

744
00:56:06,940 --> 00:56:12,020
 our light industrial districts, you can kind of see how our future land use maps were followed,

745
00:56:12,020 --> 00:56:17,260
 that pattern that was set way back in '64 and '74 and then moving forward.

746
00:56:17,260 --> 00:56:20,540
 So that's kind of how we got here.

747
00:56:20,540 --> 00:56:22,280
 I went out and took pictures of the site.

748
00:56:22,280 --> 00:56:27,540
 I'm not great at taking site pictures, but this does show you what Shady Oaks looks like.

749
00:56:27,540 --> 00:56:30,300
 Shady Oaks is a four-lane divided road.

750
00:56:30,300 --> 00:56:36,580
 There's not a lot of development on it right now, but that road is one of our secondary

751
00:56:36,580 --> 00:56:38,720
 arterials through the city.

752
00:56:38,720 --> 00:56:47,700
 And then when you get onto, on Loop 288, you can see the new county building taking shape

753
00:56:47,700 --> 00:56:49,660
 here along Loop 288.

754
00:56:49,660 --> 00:56:54,020
 There's also an office park kitty corner from the subject site.

755
00:56:54,020 --> 00:56:57,820
 And this is just looking at the landscaping along Loop 288.

756
00:56:57,820 --> 00:57:00,260
 Loop 288 really is developed as that commercial corridor.

757
00:57:00,260 --> 00:57:06,940
 There's landscape medians, there's a lot of commercial development along that right of

758
00:57:06,940 --> 00:57:07,940
 way.

759
00:57:07,940 --> 00:57:08,940
 So now we're going to get to their proposal.

760
00:57:08,940 --> 00:57:12,100
 They are proposing regional mixed use, and you can see what that map would look like

761
00:57:12,100 --> 00:57:14,540
 generally.

762
00:57:14,540 --> 00:57:21,660
 This is an area that it can include moderate and high-density residential, commercial office

763
00:57:21,660 --> 00:57:23,340
 entertainment uses.

764
00:57:23,340 --> 00:57:31,260
 It's typically found on highways or arterials, major arterials within cities.

765
00:57:31,260 --> 00:57:37,060
 The general criteria for approval is, it's in your backup, and we won't go really through

766
00:57:37,060 --> 00:57:38,060
 that.

767
00:57:38,060 --> 00:57:40,540
 It does meet the criteria, general criteria for approval.

768
00:57:40,540 --> 00:57:45,380
 We'll get, we'll touch on it a little bit in terms of the comprehensive plan though.

769
00:57:45,380 --> 00:57:50,260
 The first, what I wanted to look at is, I wanted to look at the comprehensive plan as

770
00:57:50,260 --> 00:57:54,860
 a whole and see how the goals align with what the proposal was.

771
00:57:54,860 --> 00:58:02,460
 So particularly three land use goals, the first that grow compactly, the next is grower

772
00:58:02,460 --> 00:58:06,780
 assets, and then the last one is grow with balance.

773
00:58:06,780 --> 00:58:09,580
 This segment of Loop 288 is a regional corridor.

774
00:58:09,580 --> 00:58:16,740
 It connects I-35 to US-380, so it's a pretty important corridor within our city.

775
00:58:16,740 --> 00:58:22,380
 The development is, as we know on this road, really favors that commercial mixed use.

776
00:58:22,380 --> 00:58:27,220
 It's got a lot of retail and restaurants, also got that government office center, and

777
00:58:27,220 --> 00:58:31,780
 that high-density residential as you move kind of away from that high-visibility corridor.

778
00:58:31,780 --> 00:58:34,740
 So it's all within there is that mixed use area.

779
00:58:34,740 --> 00:58:39,620
 The proposal does support this trend, and it also provides a basis for zoning decisions

780
00:58:39,620 --> 00:58:44,160
 that would encourage the infill development that would allow the city to grow compactly

781
00:58:44,160 --> 00:58:48,820
 on this existing corridor where we've already got development, so just a logical continuation

782
00:58:48,820 --> 00:58:50,340
 of that pattern.

783
00:58:50,340 --> 00:58:52,940
 The next would be to grow our assets.

784
00:58:52,940 --> 00:58:57,100
 We want to make sure that we capitalize and strengthen the commercial character of the

785
00:58:57,100 --> 00:59:04,260
 area and our important commercial districts within our city.

786
00:59:04,260 --> 00:59:06,060
 And finally, grow with balance.

787
00:59:06,060 --> 00:59:11,100
 That regional mixed use, future land use, would support the zoning districts that permit that

788
00:59:11,100 --> 00:59:14,980
 wide variety of residential, commercial, and also employment uses.

789
00:59:14,980 --> 00:59:19,340
 So it provides that flexibility to respond to those changing conditions.

790
00:59:19,340 --> 00:59:24,340
 Now we'll get to the specific criteria for approval for comprehensive plans.

791
00:59:24,340 --> 00:59:29,540
 Two things I want to look at is the events, trends, or facts after the adoption of the

792
00:59:29,540 --> 00:59:38,380
 comprehensive plan has changed, and then the events, trends, or facts after the comprehensive

793
00:59:38,380 --> 00:59:44,420
 plan was adopted to change the character of the area or the condition of the area.

794
00:59:44,420 --> 00:59:46,860
 And we'll go over these specifically.

795
00:59:46,860 --> 00:59:48,860
 So first, events, trends, or facts.

796
00:59:48,860 --> 00:59:54,420
 So 2015 doesn't seem that long ago, but a lot has happened in this area since then,

797
00:59:54,420 --> 00:59:56,700
 particularly in terms of mobility changes.

798
00:59:56,700 --> 01:00:02,940
 So Mayhill Road is, there are some pieces that are finished and it will be completely

799
01:00:02,940 --> 01:00:06,060
 online, hopefully very soon.

800
01:00:06,060 --> 01:00:10,860
 And that really has brought, I mean, when we think about the transportation changes

801
01:00:10,860 --> 01:00:18,700
 that that will bring when complete, that it does connect Denton to DFW airport.

802
01:00:18,700 --> 01:00:22,460
 And so it's a really important regional corridor.

803
01:00:22,460 --> 01:00:30,440
 We've also got expanded government offices with the county offices on Loop 288.

804
01:00:30,440 --> 01:00:34,580
 Prior to 2015, I know we talked about this, that zoning was the ECC and ECI.

805
01:00:34,580 --> 01:00:39,620
 That kind of informed that comp plan and we were looking to see if that is appropriate

806
01:00:39,620 --> 01:00:40,620
 anymore.

807
01:00:40,620 --> 01:00:45,940
 And the current trend really is to move away from that light industrial employment to more

808
01:00:45,940 --> 01:00:53,740
 commercial and higher density housing within these areas, these more urban areas.

809
01:00:53,740 --> 01:00:56,740
 Additional review standards, does it provide a substantial benefit to the city?

810
01:00:56,740 --> 01:00:59,940
 This would encourage additional mixed use development near this expanding government

811
01:00:59,940 --> 01:01:05,020
 center and existing commercial district.

812
01:01:05,020 --> 01:01:08,300
 Is it compatible with the land use goals and avoid isolated uses?

813
01:01:08,300 --> 01:01:14,300
 It is consistent with the land use goals and it would extend that existing commercial center.

814
01:01:14,300 --> 01:01:18,580
 Would it significantly alter acceptable land, existing land use patterns?

815
01:01:18,580 --> 01:01:21,620
 It's not anticipated to result in undesirable land use patterns.

816
01:01:21,620 --> 01:01:25,620
 It's pretty consistent with what is out there and both in use and scale.

817
01:01:25,620 --> 01:01:30,460
 And then we don't see any negative impacts to public services or facilities.

818
01:01:30,460 --> 01:01:35,820
 This is an existing area that's served by existing transportation networks and nearby

819
01:01:35,820 --> 01:01:39,860
 public facilities.

820
01:01:39,860 --> 01:01:46,780
 Also wanted to look at the development, the development pattern contained in the existing

821
01:01:46,780 --> 01:01:52,140
 plan does not provide adequate and appropriate optional sites for the use or change being

822
01:01:52,140 --> 01:01:54,240
 proposed in the amendment.

823
01:01:54,240 --> 01:02:01,020
 So when we look at this, what we want to look at is where we have existing regional centers.

824
01:02:01,020 --> 01:02:03,700
 So we've got three in Denton that are prominent.

825
01:02:03,700 --> 01:02:09,500
 We've got Razor Ranch, that is an existing retail restaurant and high density and entertainment

826
01:02:09,500 --> 01:02:10,500
 area.

827
01:02:10,500 --> 01:02:11,900
 We have Denton Enterprise Airport.

828
01:02:11,900 --> 01:02:17,700
 That's kind of a different regional center in that it's kind of serving that air travel

829
01:02:17,700 --> 01:02:19,380
 and employment uses.

830
01:02:19,380 --> 01:02:20,740
 And then we have Loop 288.

831
01:02:20,740 --> 01:02:23,260
 This is really our legacy regional commercial center.

832
01:02:23,260 --> 01:02:27,740
 It started with the mall and it has radiated out from there.

833
01:02:27,740 --> 01:02:32,220
 But it has less room to grow than the other ones.

834
01:02:32,220 --> 01:02:37,940
 It's one of those infill areas and it's pretty limited in the number of sites that are available

835
01:02:37,940 --> 01:02:44,260
 that have that frontage and that access along Loop 288.

836
01:02:44,260 --> 01:02:48,900
 And then the next criterion, that site conditions would make development under the current grant

837
01:02:48,900 --> 01:02:51,780
 plan inappropriate.

838
01:02:51,780 --> 01:02:57,980
 While areas dedicated to employment centers are needed, and I think, of course, we want

839
01:02:57,980 --> 01:03:05,740
 to make sure that we've got adequate employment centers, the GEO and LI districts do restrict

840
01:03:05,740 --> 01:03:06,960
 residential uses.

841
01:03:06,960 --> 01:03:15,060
 They also add in some potential for more moderate density industrial type development.

842
01:03:15,060 --> 01:03:19,760
 And so that could limit that necessary component by removing the residential.

843
01:03:19,760 --> 01:03:24,220
 It could remove that necessary component to support the existing commercial and employment

844
01:03:24,220 --> 01:03:30,980
 development and maybe introduce uses that would be incompatible with that area.

845
01:03:30,980 --> 01:03:38,420
 Areas next to Loop 288 are just more suited to commercial and high density residential.

846
01:03:38,420 --> 01:03:40,160
 We did send out public notices.

847
01:03:40,160 --> 01:03:45,100
 We haven't heard any responses in opposition or in favor.

848
01:03:45,100 --> 01:03:52,780
 And so based upon the criteria for approval, staff recommends approval of the request.

849
01:03:52,780 --> 01:03:56,820
 Thank you very much, Julie.

850
01:03:56,820 --> 01:04:01,660
 One thing real fast before I recognize Commissioner Beck is we have the public hearing scheduled

851
01:04:01,660 --> 01:04:02,660
 for 630.

852
01:04:02,660 --> 01:04:08,340
 So if we just manage some of the questions to public, that'd be, I think, helpful for

853
01:04:08,340 --> 01:04:09,340
 the public.

854
01:04:09,340 --> 01:04:11,740
 Commissioner Beck, will you defer to the public session?

855
01:04:11,740 --> 01:04:12,740
 Yes, absolutely.

856
01:04:12,740 --> 01:04:14,540
 It could be a public question.

857
01:04:14,540 --> 01:04:15,540
 Okay.

858
01:04:15,540 --> 01:04:16,540
 Yeah.

859
01:04:16,540 --> 01:04:17,540
 Fantastic.

860
01:04:17,540 --> 01:04:25,540
 With that, is there any opposition to having our discussion for the next item 3D in the

861
01:04:25,540 --> 01:04:32,780
 public hearing or does anyone need to have it pre-screened in work session?

862
01:04:32,780 --> 01:04:39,740
 Richard, is there any reason to have that in work session or can we just run 3D in our

863
01:04:39,740 --> 01:04:41,280
 public?

864
01:04:41,280 --> 01:04:44,620
 You're on mute, sir.

865
01:04:44,620 --> 01:04:47,500
 I think we can run it in the public.

866
01:04:47,500 --> 01:04:48,500
 All right.

867
01:04:48,500 --> 01:04:49,500
 Fantastic.

868
01:04:49,500 --> 01:04:54,220
 So with that, I'm going to end, call the work session to end at 637.

869
01:04:54,220 --> 01:04:57,920
 We're going to take a five minute recess.

870
01:04:57,920 --> 01:05:01,820
 And so we'll just call it 645.

871
01:05:01,820 --> 01:05:10,540
 We'll reconvene for the public hearing at 645.

872
01:05:10,540 --> 01:05:11,660
 Good evening, ladies and gentlemen.

873
01:05:11,660 --> 01:05:17,460
 Welcome to the planning and zoning meeting for Wednesday, May 20th, 220.

874
01:05:17,460 --> 01:05:21,460
 Seeing that we do have a quorum, I will call this meeting to order at 646.

875
01:05:21,460 --> 01:05:25,620
 I appreciate your patience for us running a little bit behind this evening, but we'll

876
01:05:25,620 --> 01:05:31,300
 hop in right now starting with the first item of business, which is to consider approval

877
01:05:31,300 --> 01:05:34,420
 of the planning and zoning minutes from May 6th.

878
01:05:34,420 --> 01:05:38,500
 And the chair will entertain a motion on the item by show of hand.

879
01:05:38,500 --> 01:05:39,500
 Commissioner Ellis.

880
01:05:39,500 --> 01:05:42,360
 I move approval.

881
01:05:42,360 --> 01:05:45,020
 We have a first, Commissioner Anderson.

882
01:05:45,020 --> 01:05:46,220
 Second the motion.

883
01:05:46,220 --> 01:05:49,980
 We have a first and a second for approval.

884
01:05:49,980 --> 01:05:53,480
 Any discussion on the item?

885
01:05:53,480 --> 01:05:56,620
 Seeing none, I'll call for a vote via roll call.

886
01:05:56,620 --> 01:05:57,620
 Commissioner Anderson.

887
01:05:57,620 --> 01:05:58,620
 Yay.

888
01:05:58,620 --> 01:05:59,620
 Commissioner Ellis.

889
01:05:59,620 --> 01:06:00,620
 Yay.

890
01:06:00,620 --> 01:06:01,620
 Commissioner Cole.

891
01:06:01,620 --> 01:06:02,620
 Yay.

892
01:06:02,620 --> 01:06:03,620
 Commissioner Beck.

893
01:06:03,620 --> 01:06:04,620
 Yay.

894
01:06:04,620 --> 01:06:05,620
 Commissioner Pernetta.

895
01:06:05,620 --> 01:06:06,620
 Yay.

896
01:06:06,620 --> 01:06:07,620
 Commissioner Scott.

897
01:06:07,620 --> 01:06:08,620
 Yay.

898
01:06:08,620 --> 01:06:09,620
 Commissioner Smith.

899
01:06:09,620 --> 01:06:10,620
 Aye.

900
01:06:10,620 --> 01:06:15,300
 The chair is in favor as well.

901
01:06:15,300 --> 01:06:18,860
 Motion carries 7-0.

902
01:06:18,860 --> 01:06:24,940
 Next item of business is our individual consideration items, starting with item 2A.

903
01:06:24,940 --> 01:06:29,900
 This item is being requested to be postponed to a date certain of June 3rd.

904
01:06:29,900 --> 01:06:33,100
 The chair will entertain a motion for a date certain of June 3rd.

905
01:06:33,100 --> 01:06:34,100
 Commissioner Smith.

906
01:06:34,100 --> 01:06:37,500
 Make a motion to postpone the date certain of June 3rd.

907
01:06:37,500 --> 01:06:39,500
 We have a first, Commissioner Pernetta.

908
01:06:39,500 --> 01:06:40,500
 Second the motion.

909
01:06:40,500 --> 01:06:44,600
 We have a first and a second for postpone to a date certain of June 3rd.

910
01:06:44,600 --> 01:06:47,040
 Any discussion on this item?

911
01:06:47,040 --> 01:06:49,780
 Seeing none, we'll vote via roll call.

912
01:06:49,780 --> 01:06:50,780
 Commissioner Anderson.

913
01:06:50,780 --> 01:06:51,780
 Aye.

914
01:06:51,780 --> 01:06:52,780
 Commissioner Ellis.

915
01:06:52,780 --> 01:06:53,780
 Aye.

916
01:06:53,780 --> 01:06:54,780
 Commissioner Cole.

917
01:06:54,780 --> 01:06:55,780
 Aye.

918
01:06:55,780 --> 01:06:56,780
 Commissioner Beck.

919
01:06:56,780 --> 01:06:57,780
 Aye.

920
01:06:57,780 --> 01:06:58,780
 Commissioner Pernetta.

921
01:06:58,780 --> 01:06:59,780
 Aye.

922
01:06:59,780 --> 01:07:00,780
 Commissioner Smith.

923
01:07:00,780 --> 01:07:01,780
 Yay.

924
01:07:01,780 --> 01:07:09,400
 The chair is also in favor, vote carries 7-0.

925
01:07:09,400 --> 01:07:16,460
 Next item of business is item 2B, ADP 20-0009.

926
01:07:16,460 --> 01:07:35,140
 Now I'll invite Julie Wyatt for presentation.

927
01:07:35,140 --> 01:07:49,780
 Sorry, I was muted.

928
01:07:49,780 --> 01:07:50,780
 We'll try again.

929
01:07:50,780 --> 01:07:51,780
 Good evening.

930
01:07:51,780 --> 01:07:54,700
 I'm Julie Wyatt, senior planner with the City of Denton.

931
01:07:54,700 --> 01:07:58,700
 And I'm presenting ADP 29 Smith Street Apartments.

932
01:07:58,700 --> 01:08:03,540
 The request is for an alternative development plan for a multi-family development on about

933
01:08:03,540 --> 01:08:04,900
 half an acre.

934
01:08:04,900 --> 01:08:11,020
 The subject property is located on the north side of Smith Street, kind of west of Dallas

935
01:08:11,020 --> 01:08:12,020
 Drive.

936
01:08:12,020 --> 01:08:19,380
 The purpose is to deviate from section 35.13.13(2) for some site design considerations for multi-family

937
01:08:19,380 --> 01:08:24,420
 developments.

938
01:08:24,420 --> 01:08:30,740
 So recently the city adopted a new code and we transitioned to that code in October of

939
01:08:30,740 --> 01:08:31,740
 last year.

940
01:08:31,740 --> 01:08:35,500
 We do have some projects, however, that are still being considered under the previous

941
01:08:35,500 --> 01:08:37,620
 code, the 2002 code.

942
01:08:37,620 --> 01:08:38,620
 And this is one of them.

943
01:08:38,620 --> 01:08:44,560
 So this is actually subject to the 2002 code due to the project timing.

944
01:08:44,560 --> 01:08:49,380
 Under the 2002 code, it had a zoning designation of DCG.

945
01:08:49,380 --> 01:08:52,140
 Under 2019, it has MN District.

946
01:08:52,140 --> 01:08:57,420
 Both of those districts allow for multi-family development.

947
01:08:57,420 --> 01:09:02,140
 The property is situated in a part of town that we're seeing some redevelopment in.

948
01:09:02,140 --> 01:09:09,580
 It makes sense because this area is well situated for more development.

949
01:09:09,580 --> 01:09:15,180
 It is located about a quarter of a mile from the central business district, about a quarter

950
01:09:15,180 --> 01:09:20,660
 of a mile from the UNT transit to the south, and about a tenth of a mile from a DCTA transit

951
01:09:20,660 --> 01:09:22,940
 station along Dallas Drive.

952
01:09:22,940 --> 01:09:26,420
 The subject property is shown here outlined in yellow.

953
01:09:26,420 --> 01:09:30,860
 And as you can see, those properties outlined in blue, there's a multi-family development

954
01:09:30,860 --> 01:09:33,860
 that is going in here.

955
01:09:33,860 --> 01:09:37,260
 It's actually gone vertical and it is under construction.

956
01:09:37,260 --> 01:09:41,500
 And then there's another large multi-family development coming in here that will be going

957
01:09:41,500 --> 01:09:43,020
 under construction soon.

958
01:09:43,020 --> 01:09:45,860
 So we're seeing a lot of development in this area.

959
01:09:45,860 --> 01:09:50,300
 There's some existing multi-family to the south, there's some industrial, and there's

960
01:09:50,300 --> 01:09:51,700
 some existing residential.

961
01:09:51,700 --> 01:09:55,780
 So it's a real mixed use area.

962
01:09:55,780 --> 01:10:02,380
 This is their site plan, and apart from the deviations, it meets the subchapter 13 requirements.

963
01:10:02,380 --> 01:10:06,060
 We'll go over those three deviations that they are requesting.

964
01:10:06,060 --> 01:10:09,980
 The first one is at least 50% of the front yard frontage should have buildings within

965
01:10:09,980 --> 01:10:12,260
 20 feet of the front property line.

966
01:10:12,260 --> 01:10:18,020
 The property has 122 linear feet of frontage, which would require 61 linear feet of buildings

967
01:10:18,020 --> 01:10:20,180
 within 20 feet of the front property line.

968
01:10:20,180 --> 01:10:25,420
 However, due to the entire frontage being encumbered by a variable width electric easement,

969
01:10:25,420 --> 01:10:29,280
 it really makes it impossible for that to happen.

970
01:10:29,280 --> 01:10:36,180
 The second is the wall area of the front facade has to have at least 25% windows and doors.

971
01:10:36,180 --> 01:10:38,500
 They're actually proposing 19%.

972
01:10:38,500 --> 01:10:47,240
 In order to balance the need for resident privacy with those need for building transparency,

973
01:10:47,240 --> 01:10:51,940
 additionally, their proposal does fit within the architectural theme of the building.

974
01:10:51,940 --> 01:10:54,940
 The building also provides a lot of visual relief.

975
01:10:54,940 --> 01:10:59,740
 It's got a variety of colors and textures and includes an architectural screening element

976
01:10:59,740 --> 01:11:05,300
 for that stairwell to ensure that interesting and transparent building.

977
01:11:05,300 --> 01:11:11,180
 And then the proposal, the requirements are that buildings should be directly accessed

978
01:11:11,180 --> 01:11:16,580
 from the street or sidewalk and have a porch with a ground floor entrance.

979
01:11:16,580 --> 01:11:23,840
 Once again, that electric easement sort of thwarts that porch, but they have provided

980
01:11:23,840 --> 01:11:28,080
 an entrance feature in that stairwell screening element.

981
01:11:28,080 --> 01:11:31,660
 It's integrated within there to provide residents a sense of arrival.

982
01:11:31,660 --> 01:11:38,100
 It also is connected to the right-of-way with a pedestrian connection.

983
01:11:38,100 --> 01:11:41,160
 So we'll look at what they are proposing.

984
01:11:41,160 --> 01:11:45,860
 This is the front part of the proposal.

985
01:11:45,860 --> 01:11:48,740
 The building is outlined in green.

986
01:11:48,740 --> 01:11:55,740
 That electric easement is shown in the blue dashed 20 feet wide on the east property line.

987
01:11:55,740 --> 01:11:59,700
 It's 30 feet wide on the west property line, so it runs that diagonal.

988
01:11:59,700 --> 01:12:01,340
 There's also a 26-foot fire lane.

989
01:12:01,340 --> 01:12:07,020
 We want to make sure fire has adequate access so that does further constrict the site to

990
01:12:07,020 --> 01:12:10,540
 provide for that emergency services.

991
01:12:10,540 --> 01:12:13,220
 And then here's their front elevation.

992
01:12:13,220 --> 01:12:20,220
 Here that 19% opening is shown in these four large windows per floor.

993
01:12:20,220 --> 01:12:25,220
 And that fits within the architectural theme, the sort of clean lines of the building.

994
01:12:25,220 --> 01:12:31,020
 It provides privacy for future residents while providing that transparency and that visual

995
01:12:31,020 --> 01:12:35,660
 interest and relief on buildings.

996
01:12:35,660 --> 01:12:40,100
 And then the architectural screening element for the stairwell has that integrated entrance

997
01:12:40,100 --> 01:12:46,940
 that's connected to the right-of-way, the sidewalk with that pedestrian lead walk.

998
01:12:46,940 --> 01:12:49,980
 A criteria for approval are in subchapter 13 in there five.

999
01:12:49,980 --> 01:12:53,620
 So first is the proposal preserve existing neighborhoods.

1000
01:12:53,620 --> 01:13:00,100
 This is in a kind of a mixed use redeveloping area of the city near the city center.

1001
01:13:00,100 --> 01:13:03,840
 And this use will complement the existing uses and provided some much needed density

1002
01:13:03,840 --> 01:13:06,220
 near our downtown.

1003
01:13:06,220 --> 01:13:12,140
 It'll assure quality development with the request assure quality development.

1004
01:13:12,140 --> 01:13:16,300
 It's not intended to lower design standards, but with facilitate development of the site

1005
01:13:16,300 --> 01:13:19,300
 and sort of the vision of that building.

1006
01:13:19,300 --> 01:13:23,220
 Apart from the request, all other subchapter 13 requirements are met.

1007
01:13:23,220 --> 01:13:26,380
 Does the proposal focus new development to activity centers?

1008
01:13:26,380 --> 01:13:30,580
 And this is urban infill, so it doesn't contribute to sprawl.

1009
01:13:30,580 --> 01:13:35,420
 There is the necessary infrastructure to accommodate the request.

1010
01:13:35,420 --> 01:13:39,580
 And then the last requirement is would it result in a high quality development meeting

1011
01:13:39,580 --> 01:13:40,580
 the intent?

1012
01:13:40,580 --> 01:13:43,940
 So we'll go over these one by one, and I'll go quickly.

1013
01:13:43,940 --> 01:13:49,380
 First, the requirement for the 50% of the front yard frontage, that buildings have to

1014
01:13:49,380 --> 01:13:52,220
 be within 20 feet of that property line.

1015
01:13:52,220 --> 01:13:57,100
 The intent of this is to close that public space to create vibrancy and pedestrian comfort.

1016
01:13:57,100 --> 01:14:03,700
 In this case, that easement really does prevent buildings on this lot from situating the building

1017
01:14:03,700 --> 01:14:05,380
 closer to the street.

1018
01:14:05,380 --> 01:14:08,260
 And then the 26 foot fire lane further constricts the side.

1019
01:14:08,260 --> 01:14:12,980
 And that's kind of the nature of these infill sites that you there are sort of boundaries

1020
01:14:12,980 --> 01:14:15,260
 that you have to work within.

1021
01:14:15,260 --> 01:14:23,460
 But the building and the proposal does have a strong architectural point of view and would

1022
01:14:23,460 --> 01:14:26,180
 be a vibrant addition to the street.

1023
01:14:26,180 --> 01:14:29,700
 So it does meet the intent of that requirement.

1024
01:14:29,700 --> 01:14:33,100
 Does the 25% windows and doors?

1025
01:14:33,100 --> 01:14:36,060
 They are providing 19%.

1026
01:14:36,060 --> 01:14:44,780
 And that is to really balance the resident privacy with the needed transparency and that

1027
01:14:44,780 --> 01:14:47,120
 interesting building from the right of way.

1028
01:14:47,120 --> 01:14:48,740
 And it meets that intent.

1029
01:14:48,740 --> 01:14:52,980
 And then finally, that building access and front porch requirement.

1030
01:14:52,980 --> 01:14:57,540
 That entrance is integrated into the stairwell and it is connected to the sidewalk.

1031
01:14:57,540 --> 01:15:02,140
 So it does provide residents and visitors that sense of arrival, meeting the intent

1032
01:15:02,140 --> 01:15:04,140
 of that requirement.

1033
01:15:04,140 --> 01:15:08,420
 So based upon the criteria for approval and the proposal, staff recommends approval of

1034
01:15:08,420 --> 01:15:10,140
 the requested deviations.

1035
01:15:10,140 --> 01:15:12,460
 And I will answer any questions.

1036
01:15:12,460 --> 01:15:18,740
 And I believe the applicant is on the phone as well.

1037
01:15:18,740 --> 01:15:20,400
 >> Thank you very much, Julie.

1038
01:15:20,400 --> 01:15:24,980
 We do have a question, Commissioner Beck.

1039
01:15:24,980 --> 01:15:25,980
 >> Thank you, Chair.

1040
01:15:25,980 --> 01:15:33,620
 Julie, what is the diagonal feature on the fire lane?

1041
01:15:33,620 --> 01:15:37,660
 >> Let me get back to the -- let me share my screen again so we can all look at it.

1042
01:15:37,660 --> 01:15:43,740
 >> Is that just a turnaround?

1043
01:15:43,740 --> 01:15:45,940
 >> Are you talking about this area?

1044
01:15:45,940 --> 01:15:46,940
 >> No.

1045
01:15:46,940 --> 01:15:49,380
 Up north and left.

1046
01:15:49,380 --> 01:15:50,380
 Yeah.

1047
01:15:50,380 --> 01:15:51,380
 What is that?

1048
01:15:51,380 --> 01:15:55,140
 >> This is actually their dumpster enclosure and this is actually going to be moved to

1049
01:15:55,140 --> 01:15:56,140
 the back of the site.

1050
01:15:56,140 --> 01:15:59,020
 Kind of talked about it with Richard and the applicant.

1051
01:15:59,020 --> 01:16:02,760
 And we really feel like this feature, although it's not a part of this request, we would

1052
01:16:02,760 --> 01:16:06,500
 actually prefer it to be embedded a little further back in the site.

1053
01:16:06,500 --> 01:16:11,140
 Its current location meets subchapter 13 requirements, but we think we found a better location.

1054
01:16:11,140 --> 01:16:13,980
 So that's actually going to change on this site.

1055
01:16:13,980 --> 01:16:15,460
 >> All right.

1056
01:16:15,460 --> 01:16:16,460
 Thank you, Julie.

1057
01:16:16,460 --> 01:16:17,460
 I appreciate it.

1058
01:16:17,460 --> 01:16:18,460
 >> You bet.

1059
01:16:18,460 --> 01:16:27,300
 >> Is there any other questions for Julie on this item?

1060
01:16:27,300 --> 01:16:31,580
 This item is for individual consideration, so there's not a public hearing and there

1061
01:16:31,580 --> 01:16:34,900
 is no one here wishing to speak or on the phone wishing to speak.

1062
01:16:34,900 --> 01:16:38,020
 So the Chair will entertain a motion on the item.

1063
01:16:38,020 --> 01:16:39,020
 Commissioner Anderson?

1064
01:16:39,020 --> 01:16:42,100
 >> I make a motion to approve.

1065
01:16:42,100 --> 01:16:43,100
 >> Commissioner Smith?

1066
01:16:43,100 --> 01:16:44,100
 >> Second.

1067
01:16:44,100 --> 01:16:46,540
 >> We have a first and a second for approval.

1068
01:16:46,540 --> 01:16:49,060
 Any discussion?

1069
01:16:49,060 --> 01:16:52,020
 Seeing none, I'll call for a vote via roll call.

1070
01:16:52,020 --> 01:16:53,020
 Commissioner Anderson?

1071
01:16:53,020 --> 01:16:54,020
 >> Aye.

1072
01:16:54,020 --> 01:16:55,020
 >> Commissioner Ellis?

1073
01:16:55,020 --> 01:16:56,020
 >> Aye.

1074
01:16:56,020 --> 01:16:57,020
 >> Commissioner Cole?

1075
01:16:57,020 --> 01:16:58,020
 >> Aye.

1076
01:16:58,020 --> 01:16:59,020
 >> Commissioner Pernetta?

1077
01:16:59,020 --> 01:17:00,020
 >> Aye.

1078
01:17:00,020 --> 01:17:01,020
 >> Commissioner Beck?

1079
01:17:01,020 --> 01:17:02,020
 >> Aye.

1080
01:17:02,020 --> 01:17:03,020
 >> Commissioner Smith?

1081
01:17:03,020 --> 01:17:04,020
 >> Aye.

1082
01:17:04,020 --> 01:17:10,300
 >> The Chair also is an aye, which means the vote carries 7-0.

1083
01:17:10,300 --> 01:17:12,620
 The next item of business brings us to our public hearings.

1084
01:17:12,620 --> 01:17:21,260
 The first one is item 3A, FR19-0016, and I'll invite Cindy Jackson for presentation.

1085
01:17:21,260 --> 01:17:26,020
 >> Can you hear me?

1086
01:17:26,020 --> 01:17:29,460
 >> Yes, we can.

1087
01:17:29,460 --> 01:17:30,460
 >> Great.

1088
01:17:30,460 --> 01:17:35,620
 This is Cindy Jackson with the Development Services Department, and I have before you

1089
01:17:35,620 --> 01:17:43,900
 tonight a request for approval of a residential final replant of lots 1-79 and lots 1X-7X,

1090
01:17:43,900 --> 01:17:49,980
 block A, of the Vista Verde addition, being a replant of a remainder of lot 56, block A,

1091
01:17:49,980 --> 01:17:51,860
 the Oaks of Township 2.

1092
01:17:51,860 --> 01:17:57,700
 The approximately 8.882 acre site is generally located on the southwest side of Colorado

1093
01:17:57,700 --> 01:18:04,060
 Boulevard, approximately 315 feet northwest of San Jacinto Boulevard.

1094
01:18:04,060 --> 01:18:10,140
 For the Texas Local Government Code, public hearing is required for residential replants,

1095
01:18:10,140 --> 01:18:14,980
 which requires written notices sent out to property owners within the original subdivision

1096
01:18:14,980 --> 01:18:18,380
 and property owners located within 200 feet of the subject site.

1097
01:18:18,380 --> 01:18:23,020
 I do want to point out this plot is being considered under the 2002 Denton Development

1098
01:18:23,020 --> 01:18:25,460
 Code.

1099
01:18:25,460 --> 01:18:28,540
 Next slide, please.

1100
01:18:28,540 --> 01:18:35,260
 On May 1, 2018, the City Council approved a request to rezone the site from NRMU-12 -- excuse

1101
01:18:35,260 --> 01:18:43,140
 me, to NRMU-12 with a mixed-use overlay protection district, including the following conditions.

1102
01:18:43,140 --> 01:18:47,600
 There shall be no uses permitted other than single-family attached dwelling units, including

1103
01:18:47,600 --> 01:18:50,340
 townhouses or single-family dwelling units.

1104
01:18:50,340 --> 01:18:55,140
 The overall density shall not exceed 10 dwelling units per acre.

1105
01:18:55,140 --> 01:18:59,880
 Situations which are contiguous to the residential neighborhoods shall have maximum height of

1106
01:18:59,880 --> 01:19:07,740
 two stories, and the installation of an 8-foot tall fence along adjacent properties is required.

1107
01:19:07,740 --> 01:19:12,660
 The Council also required a provision of two access points to the site from Colorado Boulevard,

1108
01:19:12,660 --> 01:19:14,900
 as shown on the plot.

1109
01:19:14,900 --> 01:19:23,020
 The plot conforms to the requirements regarding the density and the use, as well as the provision

1110
01:19:23,020 --> 01:19:26,020
 of two access points.

1111
01:19:26,020 --> 01:19:32,340
 The remaining conditions will be enforced during the building permit phase of the development.

1112
01:19:32,340 --> 01:19:34,920
 Next slide, please.

1113
01:19:34,920 --> 01:19:37,620
 This is the proposed Vista Verde addition.

1114
01:19:37,620 --> 01:19:42,860
 This is proposed to be a gated community of 79 single-family attached homes, comprised

1115
01:19:42,860 --> 01:19:49,460
 of 26 townhomes and 53 single-family homes, in which the crashes will share a common wall.

1116
01:19:49,460 --> 01:19:55,420
 The plot includes seven open space sites, which include the private street system and

1117
01:19:55,420 --> 01:19:56,980
 an amenity center.

1118
01:19:56,980 --> 01:20:01,780
 The proposed site is intended to be a gated rental community.

1119
01:20:01,780 --> 01:20:04,540
 Next slide, please.

1120
01:20:04,540 --> 01:20:08,700
 Here we have the original plot of the Oaks of Township, which was plotted in January

1121
01:20:08,700 --> 01:20:12,700
 1985, and you can see the large lot 56.

1122
01:20:12,700 --> 01:20:17,420
 They're adjacent to the single-family homes.

1123
01:20:17,420 --> 01:20:19,700
 Next slide, please.

1124
01:20:19,700 --> 01:20:26,340
 Phase one of the Villas of Piney Creek was plotted in October 1995 and took up half of

1125
01:20:26,340 --> 01:20:28,120
 lot 56.

1126
01:20:28,120 --> 01:20:33,180
 The remainder of lot 56 was intended to be developed as phase two of the Villas of Piney

1127
01:20:33,180 --> 01:20:34,180
 Creek.

1128
01:20:34,180 --> 01:20:35,740
 However, that never happened.

1129
01:20:35,740 --> 01:20:47,300
 And so we have the subject site, the remainder of lot 56, and the proposed Vista Verde addition.

1130
01:20:47,300 --> 01:20:51,740
 One percent out within 200 feet of the site.

1131
01:20:51,740 --> 01:21:00,380
 We received four notices in opposition, comprising 3.54 percent of the site within the 200 foot

1132
01:21:00,380 --> 01:21:07,340
 boundary and one in favor of the proposal, comprising 19.11 percent of the area within

1133
01:21:07,340 --> 01:21:10,060
 the 200 foot boundary.

1134
01:21:10,060 --> 01:21:13,420
 We had one that was neutral.

1135
01:21:13,420 --> 01:21:19,700
 She represents 0.52 percent of the 200 foot boundary area, and no neighborhood meeting

1136
01:21:19,700 --> 01:21:22,760
 was held.

1137
01:21:22,760 --> 01:21:26,660
 Staff recommends approval of the request as it meets the established requirements.

1138
01:21:26,660 --> 01:21:31,100
 The applicant is available to answer any questions.

1139
01:21:31,100 --> 01:21:35,020
 That concludes my presentation.

1140
01:21:35,020 --> 01:21:36,020
 Thank you, Cindy.

1141
01:21:36,020 --> 01:21:38,420
 This is a public hearing, and it is open.

1142
01:21:38,420 --> 01:21:48,700
 Is there any questions for Cindy on this item?

1143
01:21:48,700 --> 01:21:53,140
 For this item, we did have two people make comments using our online form.

1144
01:21:53,140 --> 01:21:56,580
 There was one in support of the item and one against.

1145
01:21:56,580 --> 01:21:59,740
 All of these comment forms were emailed to all the commissioners and our city secretary

1146
01:21:59,740 --> 01:22:00,740
 to be recorded.

1147
01:22:00,740 --> 01:22:07,780
 Additionally, there are zero people that called into our 349-7800 line to register their position.

1148
01:22:07,780 --> 01:22:10,420
 So there's zero in support and zero against.

1149
01:22:10,420 --> 01:22:14,900
 Finally, there are two who have requested to speak over the phone on this item.

1150
01:22:14,900 --> 01:22:22,640
 Staff will be connecting the first one now.

1151
01:22:22,640 --> 01:22:48,200
 They are trying to connect as we speak.

1152
01:22:48,200 --> 01:22:50,060
 Hello caller, you are live with the Planning and Zoning Commission.

1153
01:22:50,060 --> 01:22:56,180
 Can you please state your name and address and you'll have four minutes to speak?

1154
01:22:56,180 --> 01:22:58,780
 My name is Daniel Kettler.

1155
01:22:58,780 --> 01:23:01,640
 I live at 1925 Canyon Court.

1156
01:23:01,640 --> 01:23:06,180
 I back up to the proposed development.

1157
01:23:06,180 --> 01:23:12,060
 My comments revolve around the previous arrangement.

1158
01:23:12,060 --> 01:23:18,860
 The area behind my home used to be zoned for four units per acre.

1159
01:23:18,860 --> 01:23:23,420
 The last developer that came through was successful in getting the zoning changed to something

1160
01:23:23,420 --> 01:23:30,500
 else and we were told at the time that the saturation level was not going to reach whatever

1161
01:23:30,500 --> 01:23:32,820
 it is, 10 or 12 multi units.

1162
01:23:32,820 --> 01:23:37,180
 It was going to reach something like six or seven and of course, that deal has fallen

1163
01:23:37,180 --> 01:23:38,180
 through.

1164
01:23:38,180 --> 01:23:48,200
 Then we get this mailing in the mail that says that do I oppose or I'm in favor of replatting

1165
01:23:48,200 --> 01:23:54,860
 this area and gives no specifics as to what's being planned.

1166
01:23:54,860 --> 01:23:57,140
 What am I agreeing to?

1167
01:23:57,140 --> 01:24:06,580
 I can't tell because there was no information in the packet that was mailed to us.

1168
01:24:06,580 --> 01:24:13,340
 So basically, whatever was agreed to with the previous developer, they were given the

1169
01:24:13,340 --> 01:24:18,740
 green light to change all the zoning and now there's something completely different in

1170
01:24:18,740 --> 01:24:19,740
 the works.

1171
01:24:19,740 --> 01:24:31,860
 So my wife and I have to vote no for if we agree to this flatting or whatever the deal

1172
01:24:31,860 --> 01:24:34,900
 is because there's just no facts to go with.

1173
01:24:34,900 --> 01:24:43,060
 There's no information and now I thought I was going to be calling in and listening to

1174
01:24:43,060 --> 01:24:48,760
 something along the lines of what the previous developer had done where they kind of laid

1175
01:24:48,760 --> 01:24:57,300
 out what the plan was and going forward and they actually had a meeting beforehand to

1176
01:24:57,300 --> 01:25:01,540
 kind of explain to people so people could get an idea of what the development would

1177
01:25:01,540 --> 01:25:09,240
 entail and apparently that's not happening and I didn't get the benefit of hearing whatever

1178
01:25:09,240 --> 01:25:13,220
 transpired before I got on to the call so I have no idea.

1179
01:25:13,220 --> 01:25:18,500
 I'm absolutely in the dark so I can only vote no because I have no information to go on.

1180
01:25:18,500 --> 01:25:23,180
 Is there anything else you want to say, Liz?

1181
01:25:23,180 --> 01:25:24,520
 Okay.

1182
01:25:24,520 --> 01:25:28,100
 I think we're done.

1183
01:25:28,100 --> 01:25:30,060
 I appreciate you calling.

1184
01:25:30,060 --> 01:25:33,700
 I don't believe there's anything changing to the original overlay on the site.

1185
01:25:33,700 --> 01:25:41,180
 Richard, can you confirm that from the original to now that the overlay's not changing?

1186
01:25:41,180 --> 01:25:46,860
 All of those zoning conditions that were put in place when this was rezoned are still being

1187
01:25:46,860 --> 01:25:49,940
 abide by.

1188
01:25:49,940 --> 01:25:57,340
 What this really is is after zoning is complete the next step in the phase is to plat the

1189
01:25:57,340 --> 01:25:58,340
 property.

1190
01:25:58,340 --> 01:26:00,740
 In this instance it was platted previously.

1191
01:26:00,740 --> 01:26:06,060
 This is a residential replat so this is just laying out each individual single family lot

1192
01:26:06,060 --> 01:26:11,540
 and those town home lots in the arrangement that they will be built.

1193
01:26:11,540 --> 01:26:13,540
 Okay.

1194
01:26:13,540 --> 01:26:20,020
 Again there was really nothing indicated on the paperwork so I mean there's, you know,

1195
01:26:20,020 --> 01:26:26,100
 if I was going to have say a clubhouse built directly on the other side of my property

1196
01:26:26,100 --> 01:26:31,140
 line I have no ability to determine that or comment on that.

1197
01:26:31,140 --> 01:26:38,620
 So I mean it's we're kind of left in the dark and I mean this is your process not ours.

1198
01:26:38,620 --> 01:26:42,280
 So I mean I just I can only respond to what I received in the mail.

1199
01:26:42,280 --> 01:26:51,220
 So I guess at this point I still have to vote no based upon lack of information.

1200
01:26:51,220 --> 01:26:55,860
 So I guess that's all I have for you.

1201
01:26:55,860 --> 01:26:59,940
 Well I certainly appreciate you calling in and for what it's worth available online as

1202
01:26:59,940 --> 01:27:05,780
 well as if you're able to rewind this video tomorrow once it's posted there is the full

1203
01:27:05,780 --> 01:27:09,420
 plat of every lot that will be behind you.

1204
01:27:09,420 --> 01:27:15,740
 There is not a clubhouse behind you but you can verify every new lot line to see exactly

1205
01:27:15,740 --> 01:27:20,020
 what would be built or that's being planned to be built behind your property.

1206
01:27:20,020 --> 01:27:22,900
 I certainly understand your opposition I'm not trying to convince you otherwise of that

1207
01:27:22,900 --> 01:27:23,900
 opinion.

1208
01:27:23,900 --> 01:27:28,900
 I just want to let you know there the details of exactly where things will be built is available

1209
01:27:28,900 --> 01:27:35,220
 to you either on the agenda immediately tonight or if you can tomorrow you can you can watch

1210
01:27:35,220 --> 01:27:39,140
 the video and see the presentation of that detailed.

1211
01:27:39,140 --> 01:27:40,140
 Okay I will do that.

1212
01:27:40,140 --> 01:27:41,140
 Thank you very much for that tip.

1213
01:27:41,140 --> 01:27:43,420
 Well I appreciate you calling in.

1214
01:27:43,420 --> 01:27:46,540
 We do have another caller we're going to have that person connected now.

1215
01:27:46,540 --> 01:28:00,220
 Thank you.

1216
01:28:00,220 --> 01:28:03,320
 Hello caller you are live with the Planned and Zoning Commission can you please state

1217
01:28:03,320 --> 01:28:07,620
 your name and address and you'll have four minutes to speak.

1218
01:28:07,620 --> 01:28:13,560
 Collette Brandon 1921 Canyon Court in Denton Texas.

1219
01:28:13,560 --> 01:28:22,820
 My concern is the development going up behind our house being our property is so much lower

1220
01:28:22,820 --> 01:28:29,060
 than where the development is going to be that the drainage is going to all come down

1221
01:28:29,060 --> 01:28:38,740
 on us therefore we need to do something about that I'm not opposed to it at all.

1222
01:28:38,740 --> 01:28:47,740
 Again like the fence I need we need something taller it needs to go up above where the property

1223
01:28:47,740 --> 01:28:54,660
 is instead of being down lower so I don't know how they're going to go about doing that.

1224
01:28:54,660 --> 01:29:00,740
 Also at the other meetings that we had went to we've heard that there were supposed to

1225
01:29:00,740 --> 01:29:08,500
 be two entrances for emergency entrances and I was wondering how they were going to go

1226
01:29:08,500 --> 01:29:12,860
 about doing that.

1227
01:29:12,860 --> 01:29:17,540
 That's my main concern.

1228
01:29:17,540 --> 01:29:20,380
 I certainly appreciate you calling in and voicing your concerns.

1229
01:29:20,380 --> 01:29:25,340
 As far as the site plan goes and I'll have staff confirm this the emergency entrances

1230
01:29:25,340 --> 01:29:32,180
 there will be two that directly face Colorado Boulevard is that correct Richard?

1231
01:29:32,180 --> 01:29:33,380
 That is correct.

1232
01:29:33,380 --> 01:29:41,500
 So both entrances there there is no access to the site except from Colorado.

1233
01:29:41,500 --> 01:29:48,500
 Okay so then and how are they going to what are they building back there and is it going

1234
01:29:48,500 --> 01:29:55,700
 to be are they going to lower the ground to match with us because we go down a slope.

1235
01:29:55,700 --> 01:30:01,260
 So how is I mean property people are going to be setting up above us looking down on

1236
01:30:01,260 --> 01:30:06,540
 us even though we have I have a two-story house they're still we are so far down on

1237
01:30:06,540 --> 01:30:17,180
 the slope and all the drainage coming down in how do they gonna control that.

1238
01:30:17,180 --> 01:30:23,780
 The applicant can probably address that when he makes his presentation.

1239
01:30:23,780 --> 01:30:29,580
 What do what is their plan for this acreage?

1240
01:30:29,580 --> 01:30:35,140
 These are going to be single-family attached homes and townhomes.

1241
01:30:35,140 --> 01:30:44,980
 So and the townhomes go right behind us or where what are we what are we talking about.

1242
01:30:44,980 --> 01:30:50,540
 The townhomes are at either end and between the townhomes will be the single-family houses

1243
01:30:50,540 --> 01:30:52,860
 that will be attached at the garage.

1244
01:30:52,860 --> 01:30:59,300
 So then the townhomes are on the end so that would leave me being right above the townhome

1245
01:30:59,300 --> 01:31:01,900
 lower than the townhomes.

1246
01:31:01,900 --> 01:31:11,380
 So all our privacy and everything is just like wiped away and like I said all the drainage

1247
01:31:11,380 --> 01:31:19,820
 that we're going to be currenting through all this did they take any consideration for

1248
01:31:19,820 --> 01:31:20,820
 that.

1249
01:31:20,820 --> 01:31:25,860
 That's right Brandon in order for them to build they would have to have the engineering

1250
01:31:25,860 --> 01:31:30,540
 plans ensure that drainage is mitigated away from your property.

1251
01:31:30,540 --> 01:31:35,780
 They wouldn't be able to pull a permit and begin construction without engineering being

1252
01:31:35,780 --> 01:31:41,340
 approved by the city to ensure regardless of the terrain of the land that you are not

1253
01:31:41,340 --> 01:31:49,220
 negatively impacted by drainage from the construction of their property.

1254
01:31:49,220 --> 01:31:53,860
 Well again are we set so low that I mean we're going to get all the drain I've already had

1255
01:31:53,860 --> 01:31:57,100
 to put in the drainage thing.

1256
01:31:57,100 --> 01:32:01,900
 So when they start to build it's going to really be running down.

1257
01:32:01,900 --> 01:32:06,820
 As for now there's a field but then when there's houses and stuff back there it's going to

1258
01:32:06,820 --> 01:32:12,460
 be just rushing down because we set below like I said in an incline.

1259
01:32:12,460 --> 01:32:17,020
 Sure I definitely understand that there's a slope in your backyard coming towards you.

1260
01:32:17,020 --> 01:32:24,580
 It would be their responsibility to ensure drainage does not impact your property.

1261
01:32:24,580 --> 01:32:30,140
 Okay and then what kind of fence are they planning to build and where is this going

1262
01:32:30,140 --> 01:32:31,140
 to set.

1263
01:32:31,140 --> 01:32:35,780
 Is it going to be higher than I mean is it going to set where we're at or is it going

1264
01:32:35,780 --> 01:32:39,060
 to be up at the top.

1265
01:32:39,060 --> 01:32:44,540
 They're required to put an eight foot tall fence on their property which is above yours

1266
01:32:44,540 --> 01:32:47,820
 and we don't know the type of fence yet.

1267
01:32:47,820 --> 01:32:50,620
 This request is just for plotting the property.

1268
01:32:50,620 --> 01:32:55,540
 We will know more about the fence when they go through the development process.

1269
01:32:55,540 --> 01:33:02,180
 Okay so we don't know anything until I mean sometimes I don't understand what they have

1270
01:33:02,180 --> 01:33:04,940
 the meeting for if they don't address anything.

1271
01:33:04,940 --> 01:33:14,180
 I mean shouldn't you guys be calling people as whenever you have it planned.

1272
01:33:14,180 --> 01:33:20,100
 Yeah I certainly understand the concern about the ambiguousness of fencing and drainage.

1273
01:33:20,100 --> 01:33:21,900
 Right now we're just following the process.

1274
01:33:21,900 --> 01:33:26,540
 This is the plotting to see where buildings would go on the property.

1275
01:33:26,540 --> 01:33:30,980
 From here they'd have to have a site design of building materials drainage.

1276
01:33:30,980 --> 01:33:35,620
 That's just not the process we're at and the continuum of this project that comes at a

1277
01:33:35,620 --> 01:33:40,640
 later date and so as more information comes to us and it's presented there can be opportunities

1278
01:33:40,640 --> 01:33:46,260
 for discussion but tonight we're specifically looking at just how is the the land plotted

1279
01:33:46,260 --> 01:33:48,700
 for the different properties that are going to be built there.

1280
01:33:48,700 --> 01:33:57,700
 So two town homes and on each end and then houses single family houses in between.

1281
01:33:57,700 --> 01:34:01,940
 I would encourage you to take a look at the site plan it's available online and you can

1282
01:34:01,940 --> 01:34:07,100
 you can see exactly where every lot I believe there's 78 lots you can see exactly where

1283
01:34:07,100 --> 01:34:12,180
 each one will will be located.

1284
01:34:12,180 --> 01:34:21,340
 Okay I know that we have got a letter but it never said anything about anything developing

1285
01:34:21,340 --> 01:34:22,340
 out there.

1286
01:34:22,340 --> 01:34:25,340
 Sure I understand.

1287
01:34:25,340 --> 01:34:26,340
 Commissioner Beck?

1288
01:34:26,340 --> 01:34:33,940
 Yes Richard on these communications with the surrounding property we we provide links to

1289
01:34:33,940 --> 01:34:39,780
 the materials that are similar to what's presented tonight there yeah there should be at as part

1290
01:34:39,780 --> 01:34:47,260
 of that notice when that when the agenda item will be available and a link to that notice.

1291
01:34:47,260 --> 01:34:55,300
 Okay that was in this notice too at the bottom of the notice.

1292
01:34:55,300 --> 01:35:01,860
 Sure what may help we can have staff reach out tomorrow and explain in detail exactly

1293
01:35:01,860 --> 01:35:04,700
 what what's going on.

1294
01:35:04,700 --> 01:35:10,820
 I'm not sure which lot is hers off of Canyon Court but one thing to point out there is

1295
01:35:10,820 --> 01:35:19,220
 a large open space lot right at the end of where I think it's lots 33 and 34 of the Oaks

1296
01:35:19,220 --> 01:35:27,980
 Township phase two so they do have a large open space lot that that it joins where that

1297
01:35:27,980 --> 01:35:37,060
 all the SEC ends those two properties so they will not be able to.

1298
01:35:37,060 --> 01:35:45,280
 So we're okay all right oh we don't know anything until you're just calling to see if we're

1299
01:35:45,280 --> 01:35:49,580
 opposed to it or not.

1300
01:35:49,580 --> 01:35:53,940
 We definitely will take any citizen feedback on the project that's what we're trying to

1301
01:35:53,940 --> 01:36:00,980
 engage with tonight yeah I mean like I said it's going to take away everything that our

1302
01:36:00,980 --> 01:36:07,380
 privacy everything I could see maybe if they do like a business or if they do I would you

1303
01:36:07,380 --> 01:36:14,220
 know but not that many homes that town homes that are taller than our house overlooking

1304
01:36:14,220 --> 01:36:20,540
 us I mean again I have a problem with the drainage and all that stuff now looking over

1305
01:36:20,540 --> 01:36:25,700
 you know well miss Brandon I appreciate you taking time to speak tonight and registering

1306
01:36:25,700 --> 01:36:30,200
 your opposition and we will have someone from our staff reach out to you in the upcoming

1307
01:36:30,200 --> 01:36:35,500
 days to talk specifically about some of your concerns okay thank you very much and what

1308
01:36:35,500 --> 01:36:43,420
 was your name my name is Andrew Rozelle okay thank you very much of course you have a good

1309
01:36:43,420 --> 01:36:44,420
 evening.

1310
01:36:44,420 --> 01:36:49,920
 There's only two individuals on hold to speak and seeing that they have spoken I will close

1311
01:36:49,920 --> 01:36:58,660
 the public hearing on this item and turn to the commission for a motion Commissioner Smith

1312
01:36:58,660 --> 01:37:06,860
 make a motion to approve Commissioner Pernetta second we have a first and a second for approval

1313
01:37:06,860 --> 01:37:13,100
 is there any discussion on the item seeing none I will call for a vote be a roll call

1314
01:37:13,100 --> 01:37:21,700
 Commissioner Anderson aye Commissioner Ellis aye Commissioner Cole aye Commissioner Pernetta

1315
01:37:21,700 --> 01:37:32,180
 aye Commissioner Beck aye Commissioner Smith aye chair is an aye motion carries 7-0 the

1316
01:37:32,180 --> 01:37:42,460
 next item of business is item 3B it's PD 19-0005C unfortunately Cindy Jackson's voice is leaving

1317
01:37:42,460 --> 01:37:52,620
 her quickly so Richard is going to be her proxy for the presentation this evening and

1318
01:37:52,620 --> 01:38:20,020
 I will open the public hearing Chair if you'll give me just one second I'm going to move

1319
01:38:20,020 --> 01:38:30,220
 forward.

1320
01:38:30,220 --> 01:38:35,100
 Good evening chair members of the of the commission and members of public Richard Canone development

1321
01:38:35,100 --> 01:38:44,140
 services the item in front of you tonight is a request to rezone a 11.53 acre parcel

1322
01:38:44,140 --> 01:38:56,580
 from PDMR and 8.88 acres from MN to PD one thing to note the PD-MR this was in a previously

1323
01:38:56,580 --> 01:39:02,660
 zoned property that was an RCCD that had an overlay and if you recall when we did the

1324
01:39:02,660 --> 01:39:11,900
 DDC update any overlay district it transitioned into a PD so it's not a true PD in the sense

1325
01:39:11,900 --> 01:39:19,500
 of how we're dealing with PDs today but it is a PD-MR which represents that it was previously

1326
01:39:19,500 --> 01:39:30,660
 a had a zoning overlay and so in total it's 12.42 acres and it is the parcels essentially

1327
01:39:30,660 --> 01:39:43,260
 that front the service road in front of the Bucky's travel station.

1328
01:39:43,260 --> 01:39:50,540
 The as you see the current zoning you have the PDMR and the the split zoning with MN

1329
01:39:50,540 --> 01:39:56,300
 and so what this will do is the main Bucky's site will will remain with the PDMR this site

1330
01:39:56,300 --> 01:40:04,860
 will go to a straight PD give you a little bit of zoning history back in 2008 I think

1331
01:40:04,860 --> 01:40:09,940
 even myself we were somewhat confused with where these conditions came about we thought

1332
01:40:09,940 --> 01:40:14,660
 initially it had to do with with the Bucky's development but this was well in advance of

1333
01:40:14,660 --> 01:40:25,100
 that development so in 2008 the site was rezoned from RCR one to RCCD for a mixed use development

1334
01:40:25,100 --> 01:40:31,380
 with these four overlay conditions I won't read each of the reach of each of the conditions

1335
01:40:31,380 --> 01:40:36,620
 but it had to do primarily with protecting the single-family residential neighborhoods

1336
01:40:36,620 --> 01:40:40,500
 that that are adjacent to the site.

1337
01:40:40,500 --> 01:40:47,660
 This is a the master site plan for the Bucky's store all of those conditions that were that

1338
01:40:47,660 --> 01:40:54,380
 were required from that 2008 zoning were complied with as part of this site plan approval so

1339
01:40:54,380 --> 01:41:04,860
 because these sites the these sites that front the service road at I-35 don't involve the

1340
01:41:04,860 --> 01:41:09,540
 residential properties to the to the south those overlay conditions are not being made

1341
01:41:09,540 --> 01:41:15,500
 part of of this PD so those those conditions will still stay with Bucky's so for some reason

1342
01:41:15,500 --> 01:41:25,860
 it redevelops those conditions would still apply under under that PD-MR and if you one

1343
01:41:25,860 --> 01:41:32,500
 thing I wanted to point out when when they developed this site under that RCCD obviously

1344
01:41:32,500 --> 01:41:38,300
 the standards were a lot different and so really the intent was to push as much of the

1345
01:41:38,300 --> 01:41:48,380
 development as close to 35 as possible that's why we have the the pad sites out out front

1346
01:41:48,380 --> 01:41:54,180
 and so what they're requesting for their master for their PD their master phasing plan is

1347
01:41:54,180 --> 01:41:59,340
 essentially the master phasing plan that was approved with that master site plan when that

1348
01:41:59,340 --> 01:42:04,020
 site plan was approved there are a number of components with related to that one of

1349
01:42:04,020 --> 01:42:11,540
 them being a master phasing plan and so you see the lots two three going left left to

1350
01:42:11,540 --> 01:42:18,740
 right two three four five six seven and eight so those were the original pad sites that

1351
01:42:18,740 --> 01:42:26,180
 that were graded when this was when phase one the main site was was was developed and

1352
01:42:26,180 --> 01:42:30,780
 so they're they're really requesting to just carry forward what they were planning to do

1353
01:42:30,780 --> 01:42:37,740
 when they when they started this work a few years ago I know this was discussed as part

1354
01:42:37,740 --> 01:42:46,300
 of the work session but you can see the note here it does say conceptual crossing so this

1355
01:42:46,300 --> 01:42:51,340
 eat there is an environmentally sensitive area here so that does need to be complied

1356
01:42:51,340 --> 01:42:57,260
 with so even though that road is shown similar to the road that private road being on the

1357
01:42:57,260 --> 01:43:10,940
 plat they cannot traverse that ESA area without without seeking an alternative ESA approval

1358
01:43:10,940 --> 01:43:17,380
 some of the standards that that are being proposed to put being proposed to be followed

1359
01:43:17,380 --> 01:43:25,500
 as a result of the PD again we have a split zoning currently PD MR and the in about point

1360
01:43:25,500 --> 01:43:33,020
 eight eight acres are MN and so for the most part looking to pull everything into the current

1361
01:43:33,020 --> 01:43:43,200
 MR standards the only real changes are a reduction in the minimum landscape area the current

1362
01:43:43,200 --> 01:43:51,260
 MR provides for 25 percent minimum landscape the existing MN 20 percent they're proposing

1363
01:43:51,260 --> 01:43:58,780
 a 10 percent minimum landscape area typically we look at these really hard and and and have

1364
01:43:58,780 --> 01:44:05,020
 a lot of have have a lot of hard time supporting any changes to the minimum landscape area

1365
01:44:05,020 --> 01:44:09,340
 but when you really look at how this site was developed even potential vesting that

1366
01:44:09,340 --> 01:44:14,660
 they may have with respect to landscaping staff did not see a problem with with the

1367
01:44:14,660 --> 01:44:24,020
 10 percent minimum landscape the tree canopy coverage the existing or I should say the

1368
01:44:24,020 --> 01:44:32,460
 prior approval the old development standard for maximum tree canopy was 20 percent the

1369
01:44:32,460 --> 01:44:39,620
 new DDC for most districts is 30 percent most of our mixed use districts is 30 for that

1370
01:44:39,620 --> 01:44:44,980
 point eight eight acres it is 40 again there are some provisions particularly as it relates

1371
01:44:44,980 --> 01:44:50,780
 to landscaping and tree canopy where they are some vesting however they're just looking

1372
01:44:50,780 --> 01:44:59,660
 to move forward with their with their overlay I'm sorry with their PD to follow the existing

1373
01:44:59,660 --> 01:45:06,360
 standards of 30 of 30 percent again this has nothing to do with the ESA I wanted to stress

1374
01:45:06,360 --> 01:45:15,580
 again that you cannot you cannot alter any ESA language or or standards or any tree preservation

1375
01:45:15,580 --> 01:45:21,620
 standards through through the PD and so all of those standards will be met or or have

1376
01:45:21,620 --> 01:45:27,780
 already been met for parking requirements they are proposing some changes essentially

1377
01:45:27,780 --> 01:45:34,460
 for items one two and three seeking to go back to what was previously in the code and

1378
01:45:34,460 --> 01:45:40,060
 then for item four just given the nature of the type of restaurants that they're looking

1379
01:45:40,060 --> 01:45:48,420
 to attract given it given that it's directly adjacent to 35 looking to have a have a little

1380
01:45:48,420 --> 01:45:54,100
 bit of a wider range and increased parking just given the nature that you're probably

1381
01:45:54,100 --> 01:46:00,020
 not going to have a lot of folks walking to this given that it is right on interstate

1382
01:46:00,020 --> 01:46:08,020
 35 there are 13 general approval criteria for all applications where we won't go through

1383
01:46:08,020 --> 01:46:13,580
 all 13 but it is in your backup staff did find that that this request was consistent

1384
01:46:13,580 --> 01:46:20,140
 with all 13 of those criteria and then there were six specific criteria for approval of

1385
01:46:20,140 --> 01:46:27,380
 a PD that we will highlight each the first is that it is consistent with the Denton 2030

1386
01:46:27,380 --> 01:46:33,780
 plan this site is designated regional mixed use and so again that the PD would not would

1387
01:46:33,780 --> 01:46:43,380
 not defer or alter any of what was intended to be developed under this land use category

1388
01:46:43,380 --> 01:46:50,340
 the second is compliance with the DDC so again looking at the standards in MR and what they're

1389
01:46:50,340 --> 01:46:58,180
 being proposed to change they would obviously if approved would be consistent with criteria

1390
01:46:58,180 --> 01:47:04,620
 two criteria three provides greater building design amenities and connectivity again this

1391
01:47:04,620 --> 01:47:09,780
 just encourages it continues to encourage that unified pattern consistent with what

1392
01:47:09,780 --> 01:47:16,660
 we typically see along highway corridors as well as what was initially anticipated and

1393
01:47:16,660 --> 01:47:24,380
 graded for this site and then criteria for residential if there's residential uses compatibility

1394
01:47:24,380 --> 01:47:28,900
 associated with that in the character of the area there's no residential development proposed

1395
01:47:28,900 --> 01:47:36,100
 as part of this of this PD and then criteria five that it's appropriate in in an appropriate

1396
01:47:36,100 --> 01:47:42,620
 area location and the planning is just again these are primarily looking to develop restaurants

1397
01:47:42,620 --> 01:47:49,180
 and commercial adjacent to the interstate highway so this this is intended exactly with with

1398
01:47:49,180 --> 01:47:58,420
 what we would expect to develop there criteria six provision of public facilities as we stated

1399
01:47:58,420 --> 01:48:06,620
 earlier there is no students being generated there is fire station six within a eight minute

1400
01:48:06,620 --> 01:48:12,380
 or less response time Denton PD indicated that they did not believe this would have

1401
01:48:12,380 --> 01:48:18,520
 a significant or negative impact on response times with respect to water and wastewater

1402
01:48:18,520 --> 01:48:25,380
 as as indicated earlier when the site was developed and platted it was platted all as

1403
01:48:25,380 --> 01:48:30,860
 one phase so all of the utilities were put in place ahead of time so there is no additional

1404
01:48:30,860 --> 01:48:37,860
 utility work that's needed with respect to water or wastewater streets are already are

1405
01:48:37,860 --> 01:48:43,340
 already provided again through through that through that initial plat that was approved

1406
01:48:43,340 --> 01:48:49,700
 and so the major access points to the site will be Bucky's Way they have a private road

1407
01:48:49,700 --> 01:48:56,340
 here obviously the private road of nugget way in in the back and then in order to access

1408
01:48:56,340 --> 01:49:03,740
 this site if it were to develop sooner than later and they did not get a approval of an

1409
01:49:03,740 --> 01:49:10,700
 alternate ESA there would need to be access granted through tex dot through a service

1410
01:49:10,700 --> 01:49:17,540
 road I do believe there's a an existing right of way dedication right away easement along

1411
01:49:17,540 --> 01:49:27,000
 this along this boundary this western boundary

1412
01:49:27,000 --> 01:49:32,620
 one thing that I would also like to mention is drainage when the site was developed and

1413
01:49:32,620 --> 01:49:38,920
 graded all of the drainage was incorporated into the site and so if if you notice now

1414
01:49:38,920 --> 01:49:45,420
 there there's a small structure overflow structure here so it is in conjunction both with I thirty

1415
01:49:45,420 --> 01:49:51,300
 five widening improvements and the large pond that they and and drainage that they've already

1416
01:49:51,300 --> 01:49:59,100
 added as part of the the improvements associated with that plat again that there is no residential

1417
01:49:59,100 --> 01:50:05,260
 development and so access to public parks will not be required but if you recall there

1418
01:50:05,260 --> 01:50:11,220
 is a trail system that they did install on the back of the property interestingly enough

1419
01:50:11,220 --> 01:50:17,100
 I happened to stop there the other night and and I was surprised to see the number of of

1420
01:50:17,100 --> 01:50:23,940
 residents using using the the trail in the back we did send notice actually over notice

1421
01:50:23,940 --> 01:50:30,900
 this property however within that two hundred foot buffer we did not receive any letters

1422
01:50:30,900 --> 01:50:38,140
 of opposition outside of the two hundred there were two in opposition and one in favor and

1423
01:50:38,140 --> 01:50:44,220
 they they did not hold a neighborhood meeting with that staff recommends approval of the

1424
01:50:44,220 --> 01:50:54,620
 rezoning to PD as as presented thank you Richard for presentation this is a public hearing

1425
01:50:54,620 --> 01:51:01,260
 so we certainly would welcome any public feedback at this point we have not received any feedback

1426
01:51:01,260 --> 01:51:08,160
 via our online form anyone calling our office to register a position and we have no one

1427
01:51:08,160 --> 01:51:15,820
 on the phone lines right now to speak so with that I will close the public hearing see that

1428
01:51:15,820 --> 01:51:23,200
 we have no one to speak in in the public is there any questions for staff about this project

1429
01:51:23,200 --> 01:51:33,460
 Christian back thank you chair Richard the access to the retail and restaurant potential

1430
01:51:33,460 --> 01:51:41,220
 plots is all from nugget way is that correct no access from the Peter it will all be from

1431
01:51:41,220 --> 01:51:49,620
 from nugget way and and do we know what the ramifications are if an alternative easement

1432
01:51:49,620 --> 01:52:00,220
 isn't granted and therefore you only have two access points they it would only affect

1433
01:52:00,220 --> 01:52:06,620
 the one lot and so that lot two would need to get access from short of how they how they

1434
01:52:06,620 --> 01:52:12,740
 showed it on that master site plan so they would need to apply for a a permit through

1435
01:52:12,740 --> 01:52:20,500
 textdoc to gain access so there wouldn't be cross access or interconnectivity with lot

1436
01:52:20,500 --> 01:52:27,060
 two with the remaining development unless that all visa is is is approved so that lot

1437
01:52:27,060 --> 01:52:34,380
 one would just sort of dangle there on the corner correct until you love to sorry like

1438
01:52:34,380 --> 01:52:49,980
 to thank you and that's all my questions thank you any other questions for Richard or staff

1439
01:52:49,980 --> 01:52:56,860
 Christian thank you chair so Richard we're effectively pulling these these parcels out

1440
01:52:56,860 --> 01:53:05,300
 of the the master plan I guess so to speak correct to some extent it's still it's still

1441
01:53:05,300 --> 01:53:12,500
 looked at as as a cohesive development because it's it's there's still those cross access

1442
01:53:12,500 --> 01:53:19,900
 through the plat but for for development purposes yes okay so I know that there were protections

1443
01:53:19,900 --> 01:53:25,900
 put in place with that master plan effectively most I think have been satisfied with the

1444
01:53:25,900 --> 01:53:33,180
 buckies development what if you can tell me what are we losing by pulling these parcels

1445
01:53:33,180 --> 01:53:40,820
 out and making them effectively their own pd I don't quite honestly I don't think we're

1446
01:53:40,820 --> 01:53:49,100
 we're losing anything really just making them stand on their own and become with the exception

1447
01:53:49,100 --> 01:53:57,180
 of of the minimum landscape area bringing them into compliance with the new ddc okay

1448
01:53:57,180 --> 01:54:02,740
 and I know you mentioned on one of the lots there was some kind of drainage compliance

1449
01:54:02,740 --> 01:54:08,420
 on one of the lots yeah when when the site was when the site was platted and went through

1450
01:54:08,420 --> 01:54:15,220
 their construction engineering plans all of the drainage for the for that site was was

1451
01:54:15,220 --> 01:54:22,540
 was planned I think that was part of of the request when staff had them submit for the

1452
01:54:22,540 --> 01:54:30,180
 site plan for for lot one for the for the buckies proper they wanted to look at at that

1453
01:54:30,180 --> 01:54:36,180
 site in totality how those lots were would develop at that max night you know built out

1454
01:54:36,180 --> 01:54:45,260
 at that 90% to ensure that the drainage and all the utilities were were built to to a

1455
01:54:45,260 --> 01:54:51,180
 standard that that would be able to handle handle both the runoff and and any impacts

1456
01:54:51,180 --> 01:54:57,500
 from water and wastewater okay so by pulling that lot out of it if something goes awry

1457
01:54:57,500 --> 01:55:03,220
 with drainage who's responsible there there are there's a property and I know the applicants

1458
01:55:03,220 --> 01:55:10,220
 on on there is a property owners association also established that covers all of that so

1459
01:55:10,220 --> 01:55:17,780
 it will still be main it will still be owned and maintained by by buckies I think it's

1460
01:55:17,780 --> 01:55:26,020
 ltd which controls the the main lot one but that's where all of the drainage is the ponds

1461
01:55:26,020 --> 01:55:30,860
 at least are located but my understanding that there is a property owners association

1462
01:55:30,860 --> 01:55:36,020
 that will handle all of that that these that these parcels would still remain part of correct

1463
01:55:36,020 --> 01:55:47,340
 okay yeah I guess that's all my quote I still have concerns with regarding to the the need

1464
01:55:47,340 --> 01:55:54,980
 for the alternative ESA especially with regard to like staff analysis plus the traffic study

1465
01:55:54,980 --> 01:56:03,020
 that talks about how nugget way is the main point of access to to um to get to these parcels

1466
01:56:03,020 --> 01:56:13,340
 um so anyway I will stop talking and give other commissioners commissioner beck thank

1467
01:56:13,340 --> 01:56:23,780
 you chair um real quick so the parcel one has the hundred foot zba um variance and for

1468
01:56:23,780 --> 01:56:31,500
 this pd that is being proposed the sign um uh variance or the sign uh requirement would

1469
01:56:31,500 --> 01:56:38,660
 be a hundred foot as well is that correct no there is no variance for the um as part

1470
01:56:38,660 --> 01:56:44,180
 of this pd for for sign height so they would have to meet meet the current the current

1471
01:56:44,180 --> 01:56:50,700
 and that's 65 as I recall or am I misrecalling I'd have to I don't have the the that's that's

1472
01:56:50,700 --> 01:57:00,780
 fine that's fine thank you that that's my question thank you any other questions for

1473
01:57:00,780 --> 01:57:06,660
 um staff and richard mentioned that the applicant is on the line if there's any questions for

1474
01:57:06,660 --> 01:57:17,020
 the applicant commission ellis thank you chair I guess my question for the applicant would

1475
01:57:17,020 --> 01:57:26,480
 be is if the alternative esa is not approved do you have a secondary plan in your mind

1476
01:57:26,480 --> 01:57:30,540
 the uh the current access thank you commissioner for the question this is scott rackliff with

1477
01:57:30,540 --> 01:57:35,060
 the luckies ltv I appreciate the opportunity to address you guys this evening via this

1478
01:57:35,060 --> 01:57:43,500
 coded uh interface um but there is a lot eight there is a driveway to text that right away

1479
01:57:43,500 --> 01:57:47,960
 so you have luckies boulevard you have driveway eight and then part of our agreement with

1480
01:57:47,960 --> 01:57:54,460
 our neighbors is there's a driveway to the south that also connects to back south to

1481
01:57:54,460 --> 01:57:59,060
 several other developments so there is an additional ingress and egress as it relates

1482
01:57:59,060 --> 01:58:05,460
 to the isa crossing the original tia that was performed with this property in the original

1483
01:58:05,460 --> 01:58:09,980
 overall development which accounted for all these lots as seen in the master phasing plan

1484
01:58:09,980 --> 01:58:15,300
 did account for not having that connection the connection was proposed in a manner to

1485
01:58:15,300 --> 01:58:22,940
 help uh improve traffic but it was not a requirement of the original traffic impact uh review for

1486
01:58:22,940 --> 01:58:27,460
 this particular project as it relates to lot number two an earlier question that came up

1487
01:58:27,460 --> 01:58:32,260
 with regards to access there was already a permitted driveway there with text dot and

1488
01:58:32,260 --> 01:58:37,820
 uh if you've been out there lately you'll see that it's there right behind the uh goodwill

1489
01:58:37,820 --> 01:58:43,780
 facility that services us and our neighbors that are uh to the north of us uh that have

1490
01:58:43,780 --> 01:58:50,460
 an undeveloped track as well and so that access is there for lot two which is isolated because

1491
01:58:50,460 --> 01:58:57,180
 of the isa area does that answer your question um possibly um let me say if i understand

1492
01:58:57,180 --> 01:59:06,660
 so if if the alternative esa does not get approved um lots the the other parcels except

1493
01:59:06,660 --> 01:59:12,700
 for lot two would still have plenty of of access in and out lot two would remain effectively

1494
01:59:12,700 --> 01:59:17,740
 an island by itself and you have a way of of developing that and having access is that

1495
01:59:17,740 --> 01:59:23,060
 how is that what i'm understanding correct lot two would remain a standalone through

1496
01:59:23,060 --> 01:59:30,300
 the driveway connection that exists out there today from text on um lots three through eight

1497
01:59:30,300 --> 01:59:37,000
 and lot one of buckies we have access all shared through our property owners group and

1498
01:59:37,000 --> 01:59:42,540
 cross access easements that are already in place today through buckies boulevard which

1499
01:59:42,540 --> 01:59:47,900
 then connects to nugget way nugget way parallels 35 running north and south there is a driveway

1500
01:59:47,900 --> 01:59:53,860
 on lot eight which has an easement that allows people to access that driveway and then there's

1501
01:59:53,860 --> 02:00:01,560
 an easement that continues on south into the uh movie theater and multi-family developments

1502
02:00:01,560 --> 02:00:07,940
 that are south of us okay so there's three existing connection points that would handle

1503
02:00:07,940 --> 02:00:13,540
 and we're designed to handle the bulk of the transportation needs for the development okay

1504
02:00:13,540 --> 02:00:25,580
 thank you i appreciate the clarifications at this time the the public hearing is closed

1505
02:00:25,580 --> 02:00:32,860
 the chair will certainly entertain any questions of staff applicant or motion and discussion

1506
02:00:32,860 --> 02:00:37,500
 commissioner smith make a motion to approve we have a first for approval commissioner

1507
02:00:37,500 --> 02:00:43,140
 anderson i second the motion we have a first and a second for approval is there any discussion

1508
02:00:43,140 --> 02:00:54,180
 on this item commissioner pernetta was was was that a hand or okay okay seeing no discussion

1509
02:00:54,180 --> 02:01:02,500
 i will call for a vote via roll call commissioner anderson aye commissioner alice aye commissioner

1510
02:01:02,500 --> 02:01:14,260
 cole aye commissioner pernetta aye commissioner beck nay commissioner smith aye chairs an

1511
02:01:14,260 --> 02:01:21,980
 aye vote carries six one the next item of business is item well before i go on to item

1512
02:01:21,980 --> 02:01:27,980
 three c i'd be remiss not to say something here item three b um was an item from cindy

1513
02:01:27,980 --> 02:01:34,700
 jackson and with the closing of that item she has now um presented her last item to

1514
02:01:34,700 --> 02:01:41,860
 p and z cindy jackson is retiring and so it's with a heartfelt thank you to cindy for all

1515
02:01:41,860 --> 02:01:47,820
 your work you've been here for my i think i'm on five years and i i've heard dozens

1516
02:01:47,820 --> 02:01:52,540
 of your presentations and and answered dozens of my questions and so you will be missed

1517
02:01:52,540 --> 02:01:57,220
 and i i appreciate all the hard work you've put into all your city service so thank you

1518
02:01:57,220 --> 02:02:04,980
 very much cindy thank you very much i appreciate that i enjoyed working with all of you as

1519
02:02:04,980 --> 02:02:09,540
 well well enjoy retirement and get better it sounds like you're fighting something hopefully

1520
02:02:09,540 --> 02:02:17,500
 that that passes soon i'm hoping thank you very much thank you cindy moving on the next

1521
02:02:17,500 --> 02:02:27,740
 item is item 3c it's item ca19-0001a and this is an item by julie wyatt invite her for presentation

1522
02:02:27,740 --> 02:02:42,060
 and open the public hearing good evening i'm good evening i'm julie wyatt and i am presenting

1523
02:02:42,060 --> 02:02:50,460
 ca19-0001a canopy trails the request before you is for a comprehensive plan amendment

1524
02:02:50,460 --> 02:02:55,900
 on about 98 acres the property is situated at the intersection of shady oaks and loop

1525
02:02:55,900 --> 02:03:00,380
 288 and they are requesting to modify the future land use designation from business

1526
02:03:00,380 --> 02:03:08,660
 innovation to regional mixed use the den plan 2030 which has the future land use map and

1527
02:03:08,660 --> 02:03:15,380
 future land use designations was adopted in february of 2015 that future land use map

1528
02:03:15,380 --> 02:03:20,980
 we use that to guide our our zoning decisions those future land use designations are broad

1529
02:03:20,980 --> 02:03:26,380
 categories in which several zoning districts could fall under generally there are specific

1530
02:03:26,380 --> 02:03:30,580
 districts that go with each future land use designation for example business innovation

1531
02:03:30,580 --> 02:03:36,860
 we often see go or li associated with it a best planning practice is that zoning should

1532
02:03:36,860 --> 02:03:41,020
 be consistent with the comprehensive plan in the future land use map we've had some

1533
02:03:41,020 --> 02:03:45,900
 varied rules within the city of denton we adopted a new code last year but our prior

1534
02:03:45,900 --> 02:03:51,140
 code the 2002 denton development code had limited criteria for approval but when a project

1535
02:03:51,140 --> 02:03:56,820
 did not meet the future land use designation there was an alternate path for cases and

1536
02:03:56,820 --> 02:04:01,300
 so we often had cases come forward and get approved that didn't meet the future land

1537
02:04:01,300 --> 02:04:07,020
 use designation with the adoption of the 2019 code and its implementation and we've got

1538
02:04:07,020 --> 02:04:11,460
 more robust criteria for approval and we want to implement those best practices so zoning

1539
02:04:11,460 --> 02:04:16,860
 really should follow the future land use map it's you know there are instances where that

1540
02:04:16,860 --> 02:04:24,380
 map should and and could be amended to address specific a specific area or circumstance it

1541
02:04:24,380 --> 02:04:32,500
 is a living document and conditions on the ground do change and so section 2.7.1 does

1542
02:04:32,500 --> 02:04:39,280
 give us the the purpose and the process for those comprehensive plan amendments it's intended

1543
02:04:39,280 --> 02:04:46,860
 to provide flexibility to accommodate those changing circumstances or or policy now more

1544
02:04:46,860 --> 02:04:53,460
 specifically to the site once again the site is outlined in yellow it is located on one

1545
02:04:53,460 --> 02:04:59,980
 of our commercial corridors the loop 288 across loop 288 there is a government center the

1546
02:04:59,980 --> 02:05:09,380
 county offices to the south and southeast of the site there's quite a few retail developments

1547
02:05:09,380 --> 02:05:15,220
 there's a mall that there's some kind of larger centers with with large developments there's

1548
02:05:15,220 --> 02:05:20,780
 also residential within the area a particularly higher density residential and also we do

1549
02:05:20,780 --> 02:05:25,780
 have some elderly housing so we have a real good mix of residential and commercial and

1550
02:05:25,780 --> 02:05:32,460
 office uses in the area as I said the current future land use designation is business innovation

1551
02:05:32,460 --> 02:05:38,460
 that is intended for more employment uses think a larger scale office parks maybe distribution

1552
02:05:38,460 --> 02:05:45,020
 centers industrial type uses and and as I said before the typical zoning districts are

1553
02:05:45,020 --> 02:05:50,140
 the general office and light industrial those are associated with business innovation currently

1554
02:05:50,140 --> 02:05:58,740
 within the city there is 4,700 acres dedicated or within that business innovation designation

1555
02:05:58,740 --> 02:06:05,220
 and of that 4,700 about 2,000 acres is either undeveloped or developed with an agricultural

1556
02:06:05,220 --> 02:06:11,300
 use so with this proposal staff does feel like there is adequate capacity of business

1557
02:06:11,300 --> 02:06:19,780
 innovation and it would not impact the city's ability to attract employment type uses it's

1558
02:06:19,780 --> 02:06:24,060
 informative to look at the historical context when the comp plan amendment to see how we

1559
02:06:24,060 --> 02:06:30,260
 got where we are so we're going to go back to 1964 this is an aerial map from 1964 and

1560
02:06:30,260 --> 02:06:34,760
 the subject property has a blue star on it and as you can see it looked really far out

1561
02:06:34,760 --> 02:06:40,260
 of town it was it was pretty rural surrounding the subject property it was it was about two

1562
02:06:40,260 --> 02:06:46,300
 miles as the crow flies from square a big defining feature and I'll point it out here

1563
02:06:46,300 --> 02:06:52,460
 was a power plan and a water treatment facility so that was that was out kind of on the outskirts

1564
02:06:52,460 --> 02:07:03,900
 of town when we jump ahead to a 1972 aerial in the 1974 to 1994 comprehensive plan we

1565
02:07:03,900 --> 02:07:07,820
 still see that that power plan and water treatment plan is a pretty defining feature both in

1566
02:07:07,820 --> 02:07:12,920
 the comprehensive plan and on the map and that really informed that this was intended

1567
02:07:12,920 --> 02:07:20,840
 for kind of industrial type uses to to sort of be consistent with that that that standard

1568
02:07:20,840 --> 02:07:28,780
 that had been set and now we'll go forward to the 1999 denton plan that brought in some

1569
02:07:28,780 --> 02:07:36,820
 some differences in the area it really took into account the mall that was was is along

1570
02:07:36,820 --> 02:07:43,820
 I-35 and loop 288 and that that growing commercial center there that was emanating out from from

1571
02:07:43,820 --> 02:07:50,380
 the highway corridor so it brought in regional mixed use and that's that dark purple area

1572
02:07:50,380 --> 02:07:55,860
 the subject property was still defined by employment center that code still looked at

1573
02:07:55,860 --> 02:08:01,260
 that as sort of the industrial and employment type uses so that really still did define

1574
02:08:01,260 --> 02:08:09,060
 that area and and even though that the regional commercial and mixed use was was coming into

1575
02:08:09,060 --> 02:08:17,480
 play and now we go to the dent plan 2030 and that that adoption in 2015 so the future land

1576
02:08:17,480 --> 02:08:22,460
 use map does show this as the business innovation and you can see that that light purple is

1577
02:08:22,460 --> 02:08:27,060
 sort of surrounding the subject property all along Shady Oaks you've got that regional

1578
02:08:27,060 --> 02:08:33,660
 mixed use to the south this future land use back was based upon community input that the

1579
02:08:33,660 --> 02:08:39,340
 intent to grow compactly they also looked at existing land used existing zoning and

1580
02:08:39,340 --> 02:08:45,860
 context evaluation with aerial maps so they took all of these inputs created a preferred

1581
02:08:45,860 --> 02:08:51,340
 growth concept and then created the future land use map based upon that preferred growth

1582
02:08:51,340 --> 02:08:57,340
 concept and you can see kind of where those inputs came from you've got the zoning map

1583
02:08:57,340 --> 02:09:02,740
 here at the bottom of the page that shows what that zoning was in the surrounding area

1584
02:09:02,740 --> 02:09:07,300
 and it really does sort of track with that business innovation it had that ECI and ECC

1585
02:09:07,300 --> 02:09:13,000
 which were our employment districts under the the 2002 code so it really does inform

1586
02:09:13,000 --> 02:09:23,540
 the evolution of this area here's some photographs of Shady Oaks it is a four lane divided roadway

1587
02:09:23,540 --> 02:09:28,700
 there's not a lot of development on it as of now and then you can kind of see how the

1588
02:09:28,700 --> 02:09:35,300
 development in this part of loop 288 is filling in we've got the county building coming into

1589
02:09:35,300 --> 02:09:41,180
 focus across loop 288 from the subject site and then here is sort of standing in front

1590
02:09:41,180 --> 02:09:46,740
 of that building and looking toward the north and the landscaping for the other county buildings

1591
02:09:46,740 --> 02:09:52,820
 there's also a little office complex kitty corner from the subject site so there is office

1592
02:09:52,820 --> 02:09:59,000
 development and other commercial developments in the vicinity so they are proposing to modify

1593
02:09:59,000 --> 02:10:04,540
 that future land use map to regional mixed use this future land use designation is intended

1594
02:10:04,540 --> 02:10:09,700
 to really promote moderate and high density residential and commercial and office and

1595
02:10:09,700 --> 02:10:16,100
 entertainment uses they kind of nets out that industrial piece but it does have that employment

1596
02:10:16,100 --> 02:10:23,840
 component and it is typically found along highway corridors and aerial or I'm sorry

1597
02:10:23,840 --> 02:10:28,300
 arterials and the typical zoning districts that we see with regional mixed use would

1598
02:10:28,300 --> 02:10:35,620
 be mixed use regional as well as highway corridor things that we see on I-35 and our larger

1599
02:10:35,620 --> 02:10:40,900
 roadways the general criteria for approval is in sub chapter two of the debt and development

1600
02:10:40,900 --> 02:10:47,300
 code and we'll just go over one section of that there's there's a full discussion of

1601
02:10:47,300 --> 02:10:51,940
 all of the criteria in your backup but we'll just go over one particular point and that

1602
02:10:51,940 --> 02:10:57,300
 is the overall goals of the comprehensive plan when analyzing the applicant's proposal

1603
02:10:57,300 --> 02:11:01,540
 we looked at those land use goals we wanted to see if it met if it was consistent with

1604
02:11:01,540 --> 02:11:09,020
 those and and and three in particular so first grow compactly this segment of loop 288 is

1605
02:11:09,020 --> 02:11:15,860
 that regional corridor that we that connects I-35 to US 380 so it's a pretty important

1606
02:11:15,860 --> 02:11:20,580
 road within the city and it has developed and you can kind of see that the evolution

1607
02:11:20,580 --> 02:11:26,700
 of that road starting with the development along I-35 and then slowly tracking and transitioning

1608
02:11:26,700 --> 02:11:32,300
 north that it's developed with those commercial uses with a mix of retail restaurant office

1609
02:11:32,300 --> 02:11:37,740
 and high-density residential this request was supports that trend and it would provide

1610
02:11:37,740 --> 02:11:43,900
 a basis for zoning just decisions that would encourage not only infill development but

1611
02:11:43,900 --> 02:11:49,940
 in infill development in one of our important commercial corridors with a variety of commercial

1612
02:11:49,940 --> 02:11:55,140
 and residential uses the second goal we looked at was to grow our assets it's an important

1613
02:11:55,140 --> 02:11:59,180
 corridor as I said and so we want to make sure that we support that and this request

1614
02:11:59,180 --> 02:12:03,580
 would support that and further strengthen the commercial character of loop 288 and then

1615
02:12:03,580 --> 02:12:09,660
 finally grow with balance regional mixed use does provide support those zoning districts

1616
02:12:09,660 --> 02:12:15,740
 and in particular that mixed use regional that is that that permits a wide variety of

1617
02:12:15,740 --> 02:12:21,940
 uses so it would allow any zoning decision or any zoning on property to provide flexibility

1618
02:12:21,940 --> 02:12:29,140
 for a property owner and development to respond to changing conditions and economic trends

1619
02:12:29,140 --> 02:12:34,100
 there's also specific criteria for approval we won't go over all of them but we will touch

1620
02:12:34,100 --> 02:12:41,460
 on a few of those so first of all how have events trends or facts changed in on the ground

1621
02:12:41,460 --> 02:12:46,940
 in policy and in the character of the area since that comprehensive plan was adopted

1622
02:12:46,940 --> 02:12:51,860
 so first I want to look at mobility changes I know I talk about Mayhill Road a lot but

1623
02:12:51,860 --> 02:12:56,700
 it is it is a it's a pretty important road and that it connects Denton to a lot of other

1624
02:12:56,700 --> 02:13:02,540
 to our Denton County communities to the south and then on to DFW airport and points beyond

1625
02:13:02,540 --> 02:13:08,220
 so it's a really important roadway for regional mobility and that is there are piece of it

1626
02:13:08,220 --> 02:13:14,380
 pieces of it that are finished there and it's it's it's coming online and it will continue

1627
02:13:14,380 --> 02:13:18,900
 to strengthen the regional mobility in that area and there's also expanded government

1628
02:13:18,900 --> 02:13:23,820
 offices the the county offices that I pointed out and took a picture of those have really

1629
02:13:23,820 --> 02:13:28,780
 expanded in the last five years and and kind of come become a sort of hub for for their

1630
02:13:28,780 --> 02:13:37,820
 operations as I said before prior to the 2015 comprehensive plan adoption this area was

1631
02:13:37,820 --> 02:13:43,500
 zoned for more industrial and employment type uses and that really did inform that comprehensive

1632
02:13:43,500 --> 02:13:48,740
 plan and has set the stage for that future land use designation and and now we're looking

1633
02:13:48,740 --> 02:13:54,380
 at you know with with the the surrounding development pattern maybe maybe that that

1634
02:13:54,380 --> 02:14:00,620
 isn't the correct zoning and the correct development pattern we want to see because the the current

1635
02:14:00,620 --> 02:14:05,580
 trend really is to move away from that light industrial employment or industrial employment

1636
02:14:05,580 --> 02:14:10,220
 in the area more to that commercial development and that higher density housing to support

1637
02:14:10,220 --> 02:14:17,340
 the commercial development additional reviews standards we want to make sure any any change

1638
02:14:17,340 --> 02:14:22,740
 to the future land map is is a provides a benefit to the city and in this case it would

1639
02:14:22,740 --> 02:14:27,820
 encourage that additional mixed use development to expand that that development near that

1640
02:14:27,820 --> 02:14:31,780
 government center in the commercial district we want to make sure it's compatible with

1641
02:14:31,780 --> 02:14:39,420
 the land use goals and avoid the isolated isolated uses the permitted uses in the associated

1642
02:14:39,420 --> 02:14:44,980
 zoning districts with the proposed future land use designation is consistent with the

1643
02:14:44,980 --> 02:14:50,060
 land use goals and consistent with existing development we want to make sure it doesn't

1644
02:14:50,060 --> 02:14:55,420
 significantly alter acceptable land use patterns existing land use patterns once again we don't

1645
02:14:55,420 --> 02:14:59,860
 anticipate that this would result in undesirable land use patterns where there won't be any

1646
02:14:59,860 --> 02:15:05,940
 jarring transitions it's it's pretty consistent in both use and scale and then we want to

1647
02:15:05,940 --> 02:15:10,540
 make sure that we don't create any adverse impacts on public services and facilities

1648
02:15:10,540 --> 02:15:16,140
 you know this is an area where there's been a lot of investment and and thought put into

1649
02:15:16,140 --> 02:15:22,180
 mobility and so this is this is kind of an infill area that that is currently served

1650
02:15:22,180 --> 02:15:29,500
 and would not be adversely impact impacted by the change additionally we want to make

1651
02:15:29,500 --> 02:15:34,340
 sure that the development pattern contained in the existing plan does not provide adequate

1652
02:15:34,340 --> 02:15:39,240
 and appropriate optional sites for the use or change being proposed in the amendment

1653
02:15:39,240 --> 02:15:45,020
 so when we looked at this we looked at where we have regional mixed use in the city and

1654
02:15:45,020 --> 02:15:51,360
 it really centers on three areas we've got razor ranch which is a retail restaurant and

1655
02:15:51,360 --> 02:15:57,460
 high density residential area also has entertainment uses also didn't enterprise airport that's

1656
02:15:57,460 --> 02:16:02,140
 a little different that's kind of the transportation hub so it's kind of it's sort of sort of

1657
02:16:02,140 --> 02:16:11,440
 a different a different end result or a different type of use or development but but the end

1658
02:16:11,440 --> 02:16:16,780
 result is it is regional type development and then finally loop 288 this is this is

1659
02:16:16,780 --> 02:16:22,660
 our legacy commercial center this is where golden triangle mall started at all in the

1660
02:16:22,660 --> 02:16:29,220
 80s and then the retail has really moved toward the north and is really filled in but but

1661
02:16:29,220 --> 02:16:38,220
 there are now limited spots where you could kind of master plan a mixed use commercial

1662
02:16:38,220 --> 02:16:46,420
 development that has frontage along 288 loop 288 with that that access and that visibility

1663
02:16:46,420 --> 02:16:51,240
 and that site decision conditions would make development under the current plan designation

1664
02:16:51,240 --> 02:16:57,180
 inappropriate while while we want to make sure that we are protective of our employment

1665
02:16:57,180 --> 02:17:03,100
 centers throughout the city we feel like there is adequate land dedicated to that based upon

1666
02:17:03,100 --> 02:17:11,340
 our GIS analysis and that in this instance folding in those residential uses and going

1667
02:17:11,340 --> 02:17:17,580
 to more to more commercial standard is is would be necessary to support the existing

1668
02:17:17,580 --> 02:17:23,000
 and future commercial and employment development within the city and then areas adjacent to

1669
02:17:23,000 --> 02:17:30,320
 loop 288 are really more suited to those commercial uses we did send out public notification we

1670
02:17:30,320 --> 02:17:36,100
 haven't received any responses in opposition or in favor and so based upon the criteria

1671
02:17:36,100 --> 02:17:41,700
 for approval staff recommends approval of the request and I will be happy to answer

1672
02:17:41,700 --> 02:17:49,340
 any questions and I do believe the applicant is also on the line as well that is great

1673
02:17:49,340 --> 02:17:55,180
 Julie I appreciate the presentation Commissioner Beck thank you chair Julie can you go back

1674
02:17:55,180 --> 02:18:10,220
 to slide 73 and 74 the alternative review for geo and light industrial you bet yeah

1675
02:18:10,220 --> 02:18:17,940
 that larger one would be better actually yeah so for that region it's it's I'm concerned

1676
02:18:17,940 --> 02:18:27,260
 I mean I you covered it but I'm concerned about the the sort of induction of sprawl

1677
02:18:27,260 --> 02:18:33,220
 of our sort of office complex light industrial business innovation areas can you point out

1678
02:18:33,220 --> 02:18:40,980
 where other than that purple region we're talking about where we might have light industrial

1679
02:18:40,980 --> 02:18:47,660
 general office in in the region I don't want to push all those to the outskirts of town

1680
02:18:47,660 --> 02:18:53,940
 because that's another form of sprawl so where would we develop sort of centrally in a compact

1681
02:18:53,940 --> 02:19:01,700
 way those same uses that we're proposing to change in a nearby facility in a nearby region

1682
02:19:01,700 --> 02:19:07,540
 you bet I can I can absolutely answer that so we have a little piece here and it does

1683
02:19:07,540 --> 02:19:13,540
 have that access to mayhill so and that kind of within the city we also have a piece here

1684
02:19:13,540 --> 02:19:22,400
 off of 380 we have and then we have quite a bit on this northern portion and you know

1685
02:19:22,400 --> 02:19:27,260
 when I when I think of business innovation it really kind of my mind goes to something

1686
02:19:27,260 --> 02:19:34,300
 like something like a distribution type development and so you know you are going to see that

1687
02:19:34,300 --> 02:19:40,020
 centered more on I-35 because you really do have that easy in and out for large truck

1688
02:19:40,020 --> 02:19:46,980
 traffic and so so you know especially this piece on the north side of town business innovation

1689
02:19:46,980 --> 02:19:53,380
 is a great that's a great spot for it because business innovation can fold in that that

1690
02:19:53,380 --> 02:20:00,380
 that distribution that light manufacturing maybe some medium manufacturing provide optimal

1691
02:20:00,380 --> 02:20:10,060
 access to to I-35 for or distribution and and logistics type uses it also provides points

1692
02:20:10,060 --> 02:20:14,980
 to the west when you consider it's it's right there off of three days 380 we also have a

1693
02:20:14,980 --> 02:20:21,220
 few parts of business innovation here on the west side of town and then we have a little

1694
02:20:21,220 --> 02:20:29,660
 bit here on 377 so you can kind of see it does sort of hug some of our our our areas

1695
02:20:29,660 --> 02:20:33,540
 where it's kind of easy to get in and out of the city probably because you want to make

1696
02:20:33,540 --> 02:20:38,980
 sure that those do you have adequate capacity for large truck traffic we want to make sure

1697
02:20:38,980 --> 02:20:44,660
 that we we think about those edges with business innovation and particularly adjacent to residential

1698
02:20:44,660 --> 02:20:50,820
 so that we always think about that when when we're talking about when you get to the fine

1699
02:20:50,820 --> 02:20:56,100
 grain of zoning so you know we want to make sure that the business innovation is appropriate

1700
02:20:56,100 --> 02:21:03,280
 and not only in transportation but in in land use in development scale so I guess my concern

1701
02:21:03,280 --> 02:21:08,620
 is the the areas you pointed out again were on the sort of edges the periphery of town

1702
02:21:08,620 --> 02:21:15,780
 and in terms of maintaining a sort of compactness and an opportunity for sort of a mixed environment

1703
02:21:15,780 --> 02:21:20,980
 where you know you have transitions from residential to commercial to light industrial and they

1704
02:21:20,980 --> 02:21:28,540
 and you have a nice sort of mix that prevents sprawl to the outskirts I understand the the

1705
02:21:28,540 --> 02:21:34,820
 rationale for for getting on the 35 corridors but if you wanted a 2020 light industrial

1706
02:21:34,820 --> 02:21:43,300
 use which isn't going to be maybe necessarily a you know a large you know Kubota factory

1707
02:21:43,300 --> 02:21:50,820
 or something like that but might be more of a high tech establishment that would be maybe

1708
02:21:50,820 --> 02:21:57,180
 more ideal for being near government offices near downtown near the commercial district

1709
02:21:57,180 --> 02:22:01,100
 that would be adjacent to it if we maintain that and the other thing that concerns me

1710
02:22:01,100 --> 02:22:08,980
 is those light industrials will be have less of a traffic impact on shady oaks whereas

1711
02:22:08,980 --> 02:22:14,020
 if you have a bunch of small facilities with lots of traffic in and out all the time for

1712
02:22:14,020 --> 02:22:21,060
 commercial use you'll have a lot higher impact and the TIA will be much more important right

1713
02:22:21,060 --> 02:22:28,540
 there and and then further sort of peripherally on the light industrial especially on the

1714
02:22:28,540 --> 02:22:32,540
 south part of that property is going to have less of an environmental impact unless you

1715
02:22:32,540 --> 02:22:38,420
 fill up the entire parcel than a bunch of small businesses and residential and their

1716
02:22:38,420 --> 02:22:45,100
 impact on concrete so I think that sort of the the density of what we're proposing going

1717
02:22:45,100 --> 02:22:51,820
 to is is you know not ideal for traffic not ideal for the environment and and precludes

1718
02:22:51,820 --> 02:22:58,980
 anything but small retail extending up into that corridor so we just won't have an option

1719
02:22:58,980 --> 02:23:05,420
 we'll have to go 380 we'll have to go 35 there won't be any opportunity for the kinds

1720
02:23:05,420 --> 02:23:09,540
 of businesses that were sort of proposed just a few years ago to go into that region so

1721
02:23:09,540 --> 02:23:16,860
 I'm I'm concerned about these changes and I guess those are those are my comments thank

1722
02:23:16,860 --> 02:23:28,060
 you Julie thank you Mr back anyone else have questions for staff and I think she said the

1723
02:23:28,060 --> 02:23:37,100
 applicant was here as well if there's questions for the applicant again we don't have anyone

1724
02:23:37,100 --> 02:23:43,340
 calling in on this item or registering any opposition or support formally so I will close

1725
02:23:43,340 --> 02:23:50,940
 the public hearing and I will turn back to the virtual dais for questions comments motion

1726
02:23:50,940 --> 02:23:56,900
 and discussion commissioner Alice thank you chair I guess I do have a question for Julie

1727
02:23:56,900 --> 02:24:02,740
 unless she's addressing this perhaps with the next item but I know when when this item

1728
02:24:02,740 --> 02:24:11,220
 came before us before it had to do with traffic and possible future signal lights and whatnot

1729
02:24:11,220 --> 02:24:16,820
 are you addressing that on this item or perhaps you have the next I've got that in my next

1730
02:24:16,820 --> 02:24:20,300
 presentation but if you like if that if that is something we want to talk about with this

1731
02:24:20,300 --> 02:24:24,780
 I can certainly I can certainly fast forward to those slides and we can start chatting

1732
02:24:24,780 --> 02:24:31,680
 about it if you like I can I don't want to speak for the rest of the commission but that

1733
02:24:31,680 --> 02:24:37,620
 would be fine with me if it would help inform your vote commissioner Alice I think it'd

1734
02:24:37,620 --> 02:24:43,180
 be a good idea to go ahead and and look into that all right well let me get that pulled

1735
02:24:43,180 --> 02:24:55,560
 up and we'll kind of talk through that let me get to the most all right so here we go

1736
02:24:55,560 --> 02:25:12,940
 so I'm I apologize I'm having some technical difficulties with the presentation almost

1737
02:25:12,940 --> 02:25:28,340
 there okay here we go so yes we did talk about this in March and it did it did we did have

1738
02:25:28,340 --> 02:25:32,180
 a discussion about traffic and wanted a little more information about traffic associated

1739
02:25:32,180 --> 02:25:36,780
 with the request so the applicant went back and did a little analysis I did a little research

1740
02:25:36,780 --> 02:25:44,540
 and then also talked with engineering so the first of all I want to talk about loop 288

1741
02:25:44,540 --> 02:25:50,620
 when I talk with engineering a six-lane arterial road like loop 288 can accommodate about 80

1742
02:25:50,620 --> 02:25:56,820
 to 90,000 vehicles per day that's what they're designed to accommodate I also found the cog

1743
02:25:56,820 --> 02:26:01,460
 traffic counts for the subject property or for I'm sorry an area just south of the subject

1744
02:26:01,460 --> 02:26:09,540
 property it's where this yellow star is the 2018 traffic counts they were they were taken

1745
02:26:09,540 --> 02:26:14,340
 on a Wednesday and it's for 24 hours there were twenty four thousand five hundred and

1746
02:26:14,340 --> 02:26:19,300
 forty five northbound trips and there were twenty three thousand four hundred and fifty

1747
02:26:19,300 --> 02:26:27,500
 southbound trips of those over about ninety five percent of those trips were motorcycles

1748
02:26:27,500 --> 02:26:33,780
 cars and pickup trucks so essentially passenger vehicles so when you look at that to me that

1749
02:26:33,780 --> 02:26:39,140
 data tells me that this really is a commercial corridor and that an introduction of something

1750
02:26:39,140 --> 02:26:46,260
 like an industrial use could impact the character of that street commissioner Ellis I know you

1751
02:26:46,260 --> 02:26:51,900
 asked about signals in the area the subject proper or the the the corner of the subject

1752
02:26:51,900 --> 02:26:58,700
 property shady oaks and loop 288 there is a signal there that shady oaks turns into

1753
02:26:58,700 --> 02:27:06,300
 morse when you go to the east and it it is slated for improvements that will increase

1754
02:27:06,300 --> 02:27:11,440
 the size of the road to three lanes as you get closer to mayhill I believe it's four

1755
02:27:11,440 --> 02:27:16,660
 lanes here it'll transition to three lanes so that that's those improvements are slated

1756
02:27:16,660 --> 02:27:21,140
 at some point in the future it is on the mobility plan and the city actually has some right

1757
02:27:21,140 --> 02:27:29,500
 of way for for for this road brinker to extend north so there's a lot of connectivity in

1758
02:27:29,500 --> 02:27:36,340
 this area and there's a lot of arterial connectivity and then the applicant also provided a couple

1759
02:27:36,340 --> 02:27:45,140
 of scenarios for us to look at so so for their proposed rezoning they're one thousand multifamily

1760
02:27:45,140 --> 02:27:52,420
 dwellings about 250,000 square feet of shopping center and 150,000 square feet of office according

1761
02:27:52,420 --> 02:27:58,200
 to their analysis would generate about 18,000 588 trips for a 24-hour period I think that

1762
02:27:58,200 --> 02:28:01,900
 changed slightly from their original analysis but I think the first one was a little closer

1763
02:28:01,900 --> 02:28:07,580
 to 19,000 but but but that's what they're estimated is now because this would be a mixed

1764
02:28:07,580 --> 02:28:13,560
 use development it would create something called internal capture so say you drive to

1765
02:28:13,560 --> 02:28:20,280
 your office that's in a mixed use development and at lunch you go shopping on site or you

1766
02:28:20,280 --> 02:28:26,100
 get a sandwich you don't leave the site so you don't impact the surrounding roadway network

1767
02:28:26,100 --> 02:28:31,560
 so they're they're they anticipated internal capture for that would reduce those trips

1768
02:28:31,560 --> 02:28:39,020
 to about 9,270 on site there would also be large trucks because there are deliveries that

1769
02:28:39,020 --> 02:28:44,500
 would have to be made so the estimate is about 30 large trucks would be would visit that

1770
02:28:44,500 --> 02:28:51,460
 site on a daily basis so that would be the proposal under the current zoning they would

1771
02:28:51,460 --> 02:28:56,340
 they could develop 800,000 square feet of industrial space with 400,000 square feet

1772
02:28:56,340 --> 02:29:02,380
 of offices just as sort of a top line concept that would generate about 6,500 trips per

1773
02:29:02,380 --> 02:29:07,340
 day because this would be more single use there would be minimal internal capture so

1774
02:29:07,340 --> 02:29:12,820
 that really wouldn't play into it but it would increase the large truck traffic to about

1775
02:29:12,820 --> 02:29:20,140
 450 per 24-hour period and that impacts loop 288 in two ways first of all it would reduce

1776
02:29:20,140 --> 02:29:26,020
 roadway capacity just by their sheer size I did I did a little little research on it

1777
02:29:26,020 --> 02:29:33,460
 at a large truck is about 65 feet versus a 17 feet for a large SUV so they're about four

1778
02:29:33,460 --> 02:29:38,940
 to one so it would reduce that roadway capacity just by their sheer size and additionally

1779
02:29:38,940 --> 02:29:44,980
 just by adding that additional large truck traffic on loop 288 think about you know exiting

1780
02:29:44,980 --> 02:29:49,340
 I-35 and then going up loop 288 it really would just kind of change that character of

1781
02:29:49,340 --> 02:29:55,260
 that area to something that it is not what it is today due to the that that data that

1782
02:29:55,260 --> 02:30:03,780
 cog has has has captured also transit you know something we didn't talk about in the

1783
02:30:03,780 --> 02:30:10,420
 last meeting but there's a there's a DCTA route on the subject property there's a bus

1784
02:30:10,420 --> 02:30:17,140
 stop right there on loop 288 and that route four connects directly to the a train so once

1785
02:30:17,140 --> 02:30:22,660
 this property develops you know a resident on the property or an office worker could

1786
02:30:22,660 --> 02:30:28,940
 could take the bus and the trains all the way to DFW airport or downtown Dallas without

1787
02:30:28,940 --> 02:30:33,940
 ever getting on a roadway so you know the traffic is just one thing but we want to think

1788
02:30:33,940 --> 02:30:39,700
 about all of those modes of transportation and then a full two TIA would be required

1789
02:30:39,700 --> 02:30:43,540
 for the development of the site however and they have been on that scoping with engineering

1790
02:30:43,540 --> 02:30:50,700
 but per engineering with the with that existing capacity that loop 288 has and the proposed

1791
02:30:50,700 --> 02:31:00,340
 trips it there's the current arterial network can accommodate it and that's kind of the

1792
02:31:00,340 --> 02:31:04,540
 end of of the traffic discussion.

1793
02:31:04,540 --> 02:31:13,580
 Kushalis are you good you saw the floor I want to make sure yeah thanks just a quick

1794
02:31:13,580 --> 02:31:19,580
 follow-up I think I saw in that slide Julie there is no signal planned for Katrina correct

1795
02:31:19,580 --> 02:31:24,340
 correct so I did talk with engineering and right now that intersection doesn't meet the

1796
02:31:24,340 --> 02:31:29,780
 warrants for a signal you know it could in the future but right now there's no plan for

1797
02:31:29,780 --> 02:31:34,980
 it being it just be nice for for people in those new county offices to be able to access

1798
02:31:34,980 --> 02:31:42,300
 this with ease instead of getting in the car and and heading over but okay walk right well

1799
02:31:42,300 --> 02:31:49,460
 yeah but it would help if there was a light on that end of their property as well so okay

1800
02:31:49,460 --> 02:31:57,260
 thanks for the info Julie you bet there's your back Julie can you pull up the traffic

1801
02:31:57,260 --> 02:32:11,540
 analysis study again please yeah there you go so even on a 4 to 1 analysis you're looking

1802
02:32:11,540 --> 02:32:18,020
 at 1600 plus 6500 you know you're you're looking at at apples to apples there I mean that's

1803
02:32:18,020 --> 02:32:26,420
 roughly 9000 for both you know in a best case scenario for the proposed zoning and a worst

1804
02:32:26,420 --> 02:32:34,460
 case scenario for the current zoning so you know I'm not sure that that you're you're

1805
02:32:34,460 --> 02:32:39,460
 really looking at the kind of changes other than the the makeup of the I agree the makeup

1806
02:32:39,460 --> 02:32:44,780
 of the vehicles could change but again it's if you have a light industrial of a 2020 variety

1807
02:32:44,780 --> 02:32:50,820
 as opposed to a heavy industrial heavy truck use you're not going to have the the level

1808
02:32:50,820 --> 02:33:00,020
 of large trucks of 450 that could potentially be on that property so I'm not sure I guess

1809
02:33:00,020 --> 02:33:05,700
 I well while I respect the numbers that I'm seeing there I'm not sure that that it's it's

1810
02:33:05,700 --> 02:33:23,460
 really as disparate as is as we're being as perhaps as being said so thank you Julie sure

1811
02:33:23,460 --> 02:33:27,780
 the public hearing is closed the chair would entertain a motion at this point there's no

1812
02:33:27,780 --> 02:33:37,940
 other questions Chris Ellis I move approval we have a first for approval Christian Smith

1813
02:33:37,940 --> 02:33:44,460
 we have a first and a second for approval is there any discussion on this item seeing

1814
02:33:44,460 --> 02:33:54,740
 none I'll call for a vote be a roll call Christian Anderson hi Christian Ellis hi Christian Beck

1815
02:33:54,740 --> 02:34:09,260
 hey Christian Cole hi Christian Pernetta hi Christian Smith all right chairs and I vote

1816
02:34:09,260 --> 02:34:15,860
 carries our motion carries six one the next item of business as we've already alluded

1817
02:34:15,860 --> 02:34:23,540
 to is item 3d z20 - 0002 a and Julie Wyatt does have the presentation for this I will

1818
02:34:23,540 --> 02:34:37,740
 open the public hearing and invite Julie to present all right so all right so this request

1819
02:34:37,740 --> 02:34:48,620
 before you is z20 0002 a and this is the zoning case for the canopy trails development so

1820
02:34:48,620 --> 02:34:53,580
 the request is to rezone the subject property from general office and light industrial to

1821
02:34:53,580 --> 02:34:59,700
 mixed use regional and as you know this is being considered concurrently with the comprehensive

1822
02:34:59,700 --> 02:35:05,660
 plan amendment and it covers the same three tracks we'll compare the current zoning map

1823
02:35:05,660 --> 02:35:11,060
 to the proposed zoning map that currently it has that li the split zoning of li and

1824
02:35:11,060 --> 02:35:18,860
 geo they would like to rezone that to mr and you can see it is a it is a really a logical

1825
02:35:18,860 --> 02:35:23,980
 continuation of that existing mr to the south of the general criteria for approval for zoning

1826
02:35:23,980 --> 02:35:30,900
 applications is in sub chapter two of the dent in development code as well as the more

1827
02:35:30,900 --> 02:35:36,980
 specific criteria and we'll go over the the relevant portions of that so first of all

1828
02:35:36,980 --> 02:35:43,260
 dent plan 2030 the site is us designated as business innovation I think we've we've kind

1829
02:35:43,260 --> 02:35:49,180
 of gone over that and that it's staff's analysis that that really should go toward the more

1830
02:35:49,180 --> 02:35:57,460
 regional mix the regional mixed use and then the those overall goals of the comprehensive

1831
02:35:57,460 --> 02:36:04,300
 plan really apply to this as well and so I won't go over all of these again but just

1832
02:36:04,300 --> 02:36:11,740
 that that that intent to grow to encourage the end fill development we have these these

1833
02:36:11,740 --> 02:36:17,700
 transportation networks in this area we've got a lot of existing development that can

1834
02:36:17,700 --> 02:36:22,300
 that that can support each other and so this is the kind of area we want to see development

1835
02:36:22,300 --> 02:36:31,500
 that it does it does provide a benefit to that city to our city one criteria for approval

1836
02:36:31,500 --> 02:36:37,060
 minimizes adverse impacts on surrounding property and the permitted uses in mr district are

1837
02:36:37,060 --> 02:36:43,180
 consistent with the surrounding existing development in both youth and use and scale we see that

1838
02:36:43,180 --> 02:36:49,340
 the government office uses we see a lot of retail uses we've got multifamily additional

1839
02:36:49,340 --> 02:36:55,540
 multifamily coming in we also have public facilities so those two those typical uses

1840
02:36:55,540 --> 02:37:01,900
 found on loop 288 are are consistent with the types of uses that are found in mr district

1841
02:37:01,900 --> 02:37:10,380
 and they do complement each other is the proposal consistent with the purpose statement of mr

1842
02:37:10,380 --> 02:37:17,380
 that the the 2019 code has purpose statements for our zoning districts in that and I'm I'm

1843
02:37:17,380 --> 02:37:21,420
 really grateful for those because it really does provide guidance and and the purpose

1844
02:37:21,420 --> 02:37:25,260
 statement for the mr district is that it's intended to provide a walkable urban center

1845
02:37:25,260 --> 02:37:30,360
 to augment the regional draw and image of denton development may include national retailers

1846
02:37:30,360 --> 02:37:35,340
 employment restaurants entertainment video venues and housing at the highest levels of

1847
02:37:35,340 --> 02:37:41,300
 scale and intensity in within the city the mr district may be established in areas with

1848
02:37:41,300 --> 02:37:45,900
 the greatest regional access and is sensitive to the adjacent built in natural context and

1849
02:37:45,900 --> 02:37:53,060
 I feel like the proposal in this area is consistent with that purpose statement I think we've

1850
02:37:53,060 --> 02:37:56,820
 gone over the transportation unless we want to talk about it again I'll sort of leave

1851
02:37:56,820 --> 02:38:03,260
 that leave that we can talk traffic counts and then water wastewater is available to

1852
02:38:03,260 --> 02:38:07,740
 the site of course tap and impact fees would be based upon the intensity of the development

1853
02:38:07,740 --> 02:38:15,660
 right now they don't have that that that mix set so so that will be based upon their final

1854
02:38:15,660 --> 02:38:22,880
 design public outreach was done we haven't heard any responses and staff recommends a

1855
02:38:22,880 --> 02:38:26,740
 approval of the crest because it does meet criteria not only the general criteria but

1856
02:38:26,740 --> 02:38:33,500
 also the approval for or the criteria for approval for zoning changes and I can answer

1857
02:38:33,500 --> 02:38:39,100
 any questions and I also believe the applicant is available as well thank you very much Julie

1858
02:38:39,100 --> 02:38:49,740
 for that presentation any questions for Julie on this item as I give the commissioners a

1859
02:38:49,740 --> 02:38:53,380
 little bit of time to think through that I just want to note that there was no submission

1860
02:38:53,380 --> 02:39:00,140
 of support or opposition to our email to the phone recording to the office or on the line

1861
02:39:00,140 --> 02:39:06,220
 currently there's not been any public feedback on this item specifically the applicant is

1862
02:39:06,220 --> 02:39:12,020
 on the line if there's any questions of the applicant but since there's no one here to

1863
02:39:12,020 --> 02:39:18,220
 speak I will go ahead and close the public hearing and turn it to discussion motion questions

1864
02:39:18,220 --> 02:39:24,780
 of the of the commission commissioner Smith make a motion to approve we have a first for

1865
02:39:24,780 --> 02:39:33,100
 approval commissioner Anderson a second we have a first and a second for approval any

1866
02:39:33,100 --> 02:39:43,100
 discussion on this item seeing none we'll call us to a vote via roll call commissioner

1867
02:39:43,100 --> 02:39:57,980
 Anderson aye commissioner Ellis aye commissioner Beck aye commissioner Cole aye commissioner

1868
02:39:57,980 --> 02:40:10,020
 Smith aye commissioner Pernetta aye the chair is also an aye motion carries six one congratulations

1869
02:40:10,020 --> 02:40:15,860
 that moves us to the next item of business which is our plan and zoning project matrix

1870
02:40:15,860 --> 02:40:21,620
 I will turn the floor over to Richard Kanoni for updates and then if there's any questions

1871
02:40:21,620 --> 02:40:28,820
 of the commission I don't have any updates on the on the matrix chart itself I will just

1872
02:40:28,820 --> 02:40:37,640
 update briefly city council last night approved the SUP for the speed of light tower the monopole

1873
02:40:37,640 --> 02:40:44,020
 tower that we heard at our last meeting as well as the rezoning for the Stonehill center

1874
02:40:44,020 --> 02:40:51,700
 so those were both approved last night I suspect we'll be having a lot more agenda items as

1875
02:40:51,700 --> 02:40:59,940
 we continue to move forward the next month or two we had a very good submittal this week

1876
02:40:59,940 --> 02:41:06,340
 if you recall we had some limitations on the type of applications that we were accepting

1877
02:41:06,340 --> 02:41:17,220
 under the under the various orders we now are open to accept all applications for the

1878
02:41:17,220 --> 02:41:22,940
 most part variant we're variances well that is the only one that we are not yet until

1879
02:41:22,940 --> 02:41:29,620
 ZBA meets but for at least planning and zoning commission we are accepting all and in total

1880
02:41:29,620 --> 02:41:36,100
 we have submittals every Tuesday from new submit new applications in recent submittals

1881
02:41:36,100 --> 02:41:42,540
 we had 30 came in yesterday which which is a very good sign so it's one of the higher

1882
02:41:42,540 --> 02:41:46,220
 numbers that we've had in in some time and so I think there's some folks that have been

1883
02:41:46,220 --> 02:41:52,860
 waiting to submit initially and so it's a good thing that they still wanted to see their

1884
02:41:52,860 --> 02:42:00,780
 projects move forward and so hopefully we'll be having a much more busier agenda not that

1885
02:42:00,780 --> 02:42:04,860
 these aren't but I suspect we'll be seeing a lot more applications as we continue to

1886
02:42:04,860 --> 02:42:10,740
 move forward the next couple meetings Richard those 30 were they plats for shot clock consideration

1887
02:42:10,740 --> 02:42:16,940
 or they the gamut of zoning and and all else really the gamut from from site plan or zoning

1888
02:42:16,940 --> 02:42:25,420
 compliance plans ESA's initial ESA assessments construction engineering plans platting mending

1889
02:42:25,420 --> 02:42:32,540
 plats so it really ran the gamut Christian Smith thank you chair Richard two questions

1890
02:42:32,540 --> 02:42:46,580
 one what's the latest on when we can we can reconvene the face-to-face that period is

1891
02:42:46,580 --> 02:42:52,660
 that I'm not sure I know they're gonna have another meeting I think next week they've

1892
02:42:52,660 --> 02:43:00,100
 talked at some in some limited aspects of opening City Hall but I I don't think there's

1893
02:43:00,100 --> 02:43:06,780
 anything at least in the near future I suspect for June our meeting in June we will still

1894
02:43:06,780 --> 02:43:14,820
 be meeting this way at least for now second question on can we it seems like both these

1895
02:43:14,820 --> 02:43:22,020
 past two weeks we've had work sessions spilled over into that 630 hour can we is there any

1896
02:43:22,020 --> 02:43:26,300
 way we can we can push we can we go ahead and start work session at 5 rather than 530

1897
02:43:26,300 --> 02:43:29,740
 just because there's there are a lot of questions and I don't know if it's the technology and

1898
02:43:29,740 --> 02:43:34,780
 that's why it's delayed but two times now we've been 645 I think even last week Andrew

1899
02:43:34,780 --> 02:43:43,900
 just went right from work session into into full meeting so we pushed it up to 430 or

1900
02:43:43,900 --> 02:43:48,300
 5 for any of these things I mean we mean we even lost an item tonight you're still pushing

1901
02:43:48,300 --> 02:43:54,260
 645 before you got started so just a recommendation no yeah we I think what had happened was there

1902
02:43:54,260 --> 02:43:59,660
 were a couple of those meetings where we had light agendas and we just kept it at that

1903
02:43:59,660 --> 02:44:05,700
 530 start time but we'll we'll kind of go back look at the agenda kind of kind of project

1904
02:44:05,700 --> 02:44:11,060
 how long depending on the items and then we'll go back to Kathy reaching out to make sure

1905
02:44:11,060 --> 02:44:16,740
 people are available whether we start at 430 or 5 depending and I think as we start to

1906
02:44:16,740 --> 02:44:22,140
 get back into the swing of things we'll start having even some more work session items so

1907
02:44:22,140 --> 02:44:27,860
 we may even have some of those four o'clock starts in the very near future and I'm saying

1908
02:44:27,860 --> 02:44:33,300
 not saying you know I'm begging for it for four o'clock or 430 but you know when we do

1909
02:44:33,300 --> 02:44:36,980
 a lot of questions we can get the items you know let's just let's let's give ourselves

1910
02:44:36,980 --> 02:44:44,340
 a time to work such whenever we can so public meeting can go as fast as possible absolutely

1911
02:44:44,340 --> 02:44:49,820
 definitely did help consolidate in the presentation so I appreciate that we just kept it up and

1912
02:44:49,820 --> 02:44:57,460
 was able to go through those pretty quick Kirshir Ellis did you have something I did

1913
02:44:57,460 --> 02:45:04,180
 yeah sorry so Richard is there any way we can make sure that that the notifications

1914
02:45:04,180 --> 02:45:09,740
 going out have it pretty specific of where people can get more information I just I felt

1915
02:45:09,740 --> 02:45:15,180
 bad that we had a couple of callers and they were angry because they felt like they didn't

1916
02:45:15,180 --> 02:45:20,480
 have any information and we asked them to for their opinion and and if it was on there

1917
02:45:20,480 --> 02:45:26,780
 then maybe it's not on there clear enough of where they can access the information but

1918
02:45:26,780 --> 02:45:31,620
 can we we work on that absolutely I think what we need to start doing and we've talked

1919
02:45:31,620 --> 02:45:37,420
 about it is making sure well we've while we've tried to include a little bit more of a descriptive

1920
02:45:37,420 --> 02:45:43,860
 write-up more so I think on the SGPs because we don't have that many of these residential

1921
02:45:43,860 --> 02:45:50,380
 replats I think that's where it it just kind of got it what we saw what happened but really

1922
02:45:50,380 --> 02:45:58,020
 making sure that we include a copy of that so people at least have an idea what it is

1923
02:45:58,020 --> 02:46:03,780
 it's sometimes more convenient to just look at the piece of paper along with the notice

1924
02:46:03,780 --> 02:46:09,220
 yeah that's true but yeah anything we're yeah so that they can get more app more information

1925
02:46:09,220 --> 02:46:17,740
 and be less confused and less mad when they speak to us thanks any other things for staff

1926
02:46:17,740 --> 02:46:26,300
 in the matrix all right well seeing none I will close this meeting at 827 thank you everyone

1927
02:46:26,300 --> 02:46:28,200
 and see you in a couple of weeks.

1928
02:46:28,200 --> 02:46:29,040
 - Thank you.