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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, July 22, 2020.

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 Seeing that we do have a quorum, I will call the meeting to order at 5 o'clock.

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 Please let the record show that Commissioner Pernetta is absent.

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 The first item we have for tonight is a work session report by Julie Wyatt, and then we'll

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 hop into our agenda for this evening.

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 But I will turn the floor over off the top to Julie Wyatt.

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 >> Good evening.

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 Let me pull up my presentation.

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 All right.

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 So tonight we're going to be going through planning boot camp and talking about platting.

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 So briefly we're going to have some background information about platting, some platting

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 fundamentals, how we plat in Denton, the parts of a plat, and then we'll finish it up with

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 the shot clock.

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 So just at a most basic level, what is a plat?

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 It's a map.

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 It defines the subdivision boundaries.

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 >> Julie, can you share your presentation?

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 I think it's sharing your file folder.

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 >> Oh, hold on, let me -- let me try this again.

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 >> Which -- all right, now let me -- is that right?

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 Did that work?

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 >> That's perfect.

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 Thank you.

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 >> All right.

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 Okay.

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 I'm going to get zoomed down any time now.

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 All right.

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 So we are going over platting and planning boot camp tonight.

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 And so what is a plat?

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 It is a map of a subdivision, addition, or development.

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 It is recorded with the county after it's approved by the city.

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 It defines the lot boundaries, it dedicates right of way, and it also ensures adequate

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 public facilities by things like easements that are dedicated to those facilities.

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 Our city of Denton outlines our planning processes in DDC, section 2.6, and subchapter 8.

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 >> Commissioner Anderson.

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 >> No, he just muted.

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 I was having problems hearing Julie sometimes because Ron was cutting in and out.

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 >> Okay.

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 Perfect.

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 Thanks.

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 >> All right.

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 So why do we plat?

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 >> So we have an image here of a very nice little house on a nice little hill.

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 But before a property owner could build that house, they would need to get building permits.

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 And as part of that development process, we would look at some things.

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 First of all, does that house -- is that the kind of use we want there?

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 Does it meet zoning?

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 Is the property size -- does it fit within that zoning designation?

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 How does the owner get there?

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 Would roads need to be built?

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 Are access easements needed?

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 How do they take a shower or flush the toilet?

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 What kind of water and sewer are they going to tie into the city?

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 Are they going to have septic and well?

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 And then when they go to sell it, how is that going to be sold easily?

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 How are those property boundaries going to be defined?

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 So all of those questions are answered through that platting process.

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 The Texas APA has a great little booklet about platting fundamentals, and we're going to

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 talk about some of those elements in it.

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 So first of all, Chapter 212 of the Texas Local Government Code gives the city of Denton

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 the authority to plat.

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 So it says that the plat is to promote the health, safety, morals, and general welfare

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 of the municipality and for safe, orderly, and healthful development.

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 They are to ensure that a development will have adequate infrastructure and that they

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 result in a buildable lot.

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 That Chapter 212 also allows municipalities like Denton to adopt a subdivision ordinance.

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 And that's our Denton Development Code has our subdivision ordinance.

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 It can include definitions of the plat, how our platting process would go within the city,

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 content required, and then those requirements for those public facilities, including things

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 like design standards.

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 Cities like Denton typically require a plat to obtain a building permit.

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 So it really is a necessary step in the development process.

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 There are different types of plats, a preliminary plat.

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 It is not required in the Texas Local Government Code.

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 It's not even really specifically discussed in it.

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 But it really is a great tool that communities and developers can use to get preliminary

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 approvals prior to those final plats.

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 You probably are used to us saying on a preliminary plat, "Well, this is the preliminary plat."

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 And those questions that you have would be answered with that final design, with the

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 final plat.

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 And that really speaks to what a preliminary plat is.

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 It's maybe more than a feasibility study, but it is sort of that preliminary step.

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 The final design associated with engineering, with things like waterline design, roadway

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 design, or drainage can be very expensive.

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 So that preliminary plat is really kind of that first step, that first bite of the apple.

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 After that, it happens within the city or within other cities.

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 You then go to that final plat stage.

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 In Denton, we have an intervening step, which are those civil engineering plans, and that's

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 where they do those final designs.

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 The things like drainage, water and sewer extensions, roadways.

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 Those are all reviewed between the preliminary plat and final plat within the City of Denton.

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 So that final plat really is the last step in that portion of the design process.

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 It's used for kind of more complicated developments, final plats.

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 And what it does is it's that final document that's recorded of record.

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 It creates that lot of record.

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 A minor plat is a type of final plat, but it's administratively approved.

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 It's a less complicated plat.

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 It doesn't have to go to the Planning and Zoning Commission unless it does have to go

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 for denial.

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 And it typically involves four or fewer lots.

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 It has to find an existing street, and there can't be any extensions of municipal facilities

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 associated with that.

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 A replat is another type of plat.

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 It's really just a change in a previously approved plat.

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 So if somebody wanted to change or subdivide the property into additional lots, that would

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 be that replat.

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 Residential replats, as you know, do require public notification, so they're a little different.

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 And then a development plat is not something we see very often, but it is a plat that's

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 permitted not only in the Texas Local Government Code, but also the Denton Development Code.

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 And it's more akin to a site plan in that it doesn't just show the property boundaries.

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 It actually depicts the existing and proposed buildings and any of those public improvements.

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 It is not required to be filed with the county, but can be just filed with the city.

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 And development plat, the only instances that I have seen them used in Denton thus far would

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 be for the Gaswell Platts.

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 Texas Local Government Code 212 also discusses standards for approval.

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 So it states that a municipal authority responsible for approving plat must approve it if it conforms

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 to the general plan and current and future streets, alleys, parks, playgrounds, and public

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 facilities.

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 It conforms to the general plan for the extension of facilities and any other rules adopted

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 by a municipality after a public hearing.

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 So essentially, if all state statues and city ordinances and requirements are met, the city

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 doesn't have discretion and is obligated to approve the plat.

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 We'll zoom in a little closer to what we have in Denton.

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 The city of Denton does have platting authority in the ETJ.

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 We have two divisions of ETJ.

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 We have ETJ 1, which is the area in blue.

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 It is adjacent to the city, the city boundaries.

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 And then we have division 1, which is the blue, and then division 2, which is further

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 out.

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 Our zoning regulations do not extend to the ETJ.

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 So we don't have any land use authority within that ETJ.

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 There are limited exceptions to platting in subchapter 8 of the Denton Development Code.

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 We have a list of them, but generally they are if someone is subdividing property where

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 the lots that would be resulting are greater than 5 acres, if the applicant can prove a

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 lot of record, and a lot of record is a lot that has been in the same configuration since

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 January 1 of 1960, agricultural uses are not required to plat.

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 And additions or alterations to existing structures aren't allowed to plat in those instances

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 where they don't have to extend any public facilities.

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 And all lots that are created through that subdivision process have to be developable,

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 and they have to conform to the minimum zoning, development, and floodplain standards within

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 the DDC.

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 We'll go a little more detail about platting in Denton.

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 So I won't read all of this, but these are the sections of the code that we refer to

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 when we're reviewing plats in terms of the process and the criteria for approval.

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 So a preliminary plat is defined as the overall conceptual plan for a subdivision.

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 So the lots, the roads, the driveways, utilities, and drainage.

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 So there's where you get that conceptual that it's not quite the final design yet for

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 the preliminary plat.

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 The lots must meet the minimum dimensions and demonstrate the adequate access and infrastructure

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 will be provided.

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 Section 2.6.3 in the Denton Development Code outlines the processes and the criteria for

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 approval for a preliminary plat.

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 Staff reviews those for compliance with the regulations for not only the DDC, but also

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 the criteria manuals.

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 A public hearing is not required, but of course it is approved by the Planning and Zoning

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 Commission at a public meeting.

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 The next type of plat within specifically the City of Denton is the final plat.

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 It has to ensure once again that it complies with all of the standards.

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 And once it's approved and recorded, it creates a legal lot of record.

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 Staff once again reviews it for compliance with the regulations.

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 Public hearing not required, but approval by the Planning and Zoning Commission is required.

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 And once again, there are criteria for approval.

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 It needs to conform to the, generally conform to the preliminary plat and requirements of

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 the Denton Development Code.

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 A replat, a modification of that existing platted lot, boundaries, easements, or number

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 of lots.

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 Within there, there are administratively approved plats and I will talk about those a little

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 more in depth in a future slide.

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 Staff reviews for compliance again with those regulations.

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 And a public hearing is required only where a variance is sought for those residential

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 replats.

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 It is approved by the Planning and Zoning Commission, typically.

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 But here's where we get into those administratively approved plat.

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 So the Denton Development Code has three administratively approved plats.

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 First we have that minor plat, that's where it's four or fewer lots, and no extension

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 of public improvements.

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 We have an amending plat, which can allow us to address minor plat errors or minor adjustments

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 to boundaries.

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 And then there's a conveyance plat.

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 A conveyance plat is used to subdivide land, but it does not allow a property owner to

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 develop.

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 So, for instance, if someone has a hundred acre tract and they want to sell off 20 of

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 those acres, a conveyance plat is kind of a good tool to subdivide that property where

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 they don't have to do all of the infrastructure designs, maybe they don't know what they want

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 to develop yet.

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 They can't go out and pull a building permit after they've had that conveyance plat approved,

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 but they can at least sell that property that's subdivided lot legally.

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 It is important to know on any administratively approved plat, staff is not permitted to deny

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 them per the Denton Development Code.

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 So if it does not meet the standards within the DDC or the criteria manuals, it would

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 have to go to that public hearing, to the city planning and zoning commission.

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 And finally, we have the development plat.

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 Once again, that's that sort of plat site plan hybrid where it allows us to kind of

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 look and see what someone is proposing to do.

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 They don't as of yet have not been used frequently within the city of Denton.

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 It only requires review and approval by staff and no action by the planning and zoning commission.

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 And as part of that, we have the gas well development plat.

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 Both of those are the standards are in section 2.6.5 and 2.6.6.

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 The gas well development plat, they include those existing and proposed private and public

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 improvements and that would be those gas well development sites and those access to them.

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 Neither of these are recorded of record.

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 So we just want to talk about the parts of a plat.

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 I know y'all are really familiar with them, so we won't spend too much time on it, but

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 I just wanted to kind of call out the parts of the plat that we look at.

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 So first of all, it needs to have a vicinity map to show kind of where that property is

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 situated within the within the city, a north arrow and a scale.

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 We want those elements on it.

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 There are also plat notes.

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 They may refer to engineering items.

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 They may refer to I know you see a lot of them in terms of common area lots and who

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 maintains those.

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 So there's a variety of plat notes associated with any given plat.

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 There's an approval block.

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 So who approves it?

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 If it's administratively approved that the planning the director of development services

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 would sign it or his designee or if if it was approved by the planning and zoning commission,

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 the chair would sign that plat.

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 There's a legend that outlines what any symbols on the plat are used, you know, we want to

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 make sure those are clearly defined.

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 There's a title block that has the subdivision name.

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 There may be previous plots if there is a if it's a replat, so it would need to reference

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 those previous plots, the size of the tract, the that survey that it's within and the jurisdiction.

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 There's also there's also the meets and bounds legal description.

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 And what that plat is doing is taking this very largely meets and bounds legal description

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 and assigning a lot in block to that area.

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 So so that's an important part of that plat because that allows us to define where on

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 the earth that plat is.

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 And then there's a dedication and owner signature.

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 And finally, we'll talk about the shot clock.

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 So as of September 1st of 2019, municipalities now have 30 days to act upon a plat or construction

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 plan.

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 So once they are submitted, that starts the clock.

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 We have to either approve or deny.

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 This law has changed Denton in several ways.

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 And we can just talk through those.

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 So first of all, it required us to transition to some specific submittal dates to coincide

238
00:16:50,920 --> 00:16:52,660
 with the P&Z dates.

239
00:16:52,660 --> 00:16:58,500
 So prior to the shot clock, we allowed submittal on any day of the week.

240
00:16:58,500 --> 00:17:05,400
 Now we really have to limit those to specific Tuesdays, so that so that those align with

241
00:17:05,400 --> 00:17:09,200
 our planning and zoning dates, because what we don't want to have happen is someone submit

242
00:17:09,200 --> 00:17:12,240
 a plat and then it to go past those 30 days.

243
00:17:12,240 --> 00:17:15,480
 So that's a really important part of that.

244
00:17:15,480 --> 00:17:18,320
 It does require more upfront work from the development community.

245
00:17:18,320 --> 00:17:24,360
 We have to look at traffic, ESA assessments, FEMA map revisions, all of those prior to

246
00:17:24,360 --> 00:17:30,120
 that plat because we they can't submit a plat and then have it kind of sit there while they're

247
00:17:30,120 --> 00:17:33,280
 finishing up that that that work.

248
00:17:33,280 --> 00:17:36,960
 It really does have to once it's submitted, it has to keep going.

249
00:17:36,960 --> 00:17:42,200
 It has also eliminated concurrent submittals for plat related applications.

250
00:17:42,200 --> 00:17:46,920
 Prior to September one of last year, we allowed applicants to submit a preliminary and final

251
00:17:46,920 --> 00:17:51,040
 plat concurrently to try to find efficiencies in the process.

252
00:17:51,040 --> 00:17:56,040
 Unfortunately, now because because we have these very specific dates of when we have

253
00:17:56,040 --> 00:18:03,240
 to approve them, we can no longer allow them to sort of bunch up those those submittals.

254
00:18:03,240 --> 00:18:05,440
 It's reduced time for reviews and submittals.

255
00:18:05,440 --> 00:18:11,840
 So we've kind of made a commitment as a staff to to try to get plats to an approvable state

256
00:18:11,840 --> 00:18:15,200
 within within those prescribed times.

257
00:18:15,200 --> 00:18:16,880
 It's not always possible.

258
00:18:16,880 --> 00:18:21,840
 We do have some where they ask for additional time, but but we really try to get them through

259
00:18:21,840 --> 00:18:22,840
 that.

260
00:18:22,840 --> 00:18:29,800
 So so what we do is we've we've really reduced our review cycles and times to allow applicants

261
00:18:29,800 --> 00:18:35,360
 at least two reviews within that 30 days to try to work through any any issues to try

262
00:18:35,360 --> 00:18:39,360
 to get it to to an approvable state.

263
00:18:39,360 --> 00:18:43,040
 But the applicant can request additional time and I know I know I think you've got a couple

264
00:18:43,040 --> 00:18:48,520
 of these on the agenda tonight where if they haven't quite addressed all of the comments,

265
00:18:48,520 --> 00:18:51,680
 they can ask for a 30 day extension.

266
00:18:51,680 --> 00:18:56,840
 You're you're probably familiar with these are becoming more frequent now, just especially

267
00:18:56,840 --> 00:18:59,360
 on these complicated plots.

268
00:18:59,360 --> 00:19:01,880
 And it's it's created a change to a staff report.

269
00:19:01,880 --> 00:19:07,240
 So originally, our staff reports were just kind of a one sheet document that said, okay,

270
00:19:07,240 --> 00:19:08,240
 here's what this is.

271
00:19:08,240 --> 00:19:14,040
 And it's met all the criteria because we had more time to work through any issues.

272
00:19:14,040 --> 00:19:21,500
 Now we've we've got an exhibit to those plots, plot reports, because if a plot is denied,

273
00:19:21,500 --> 00:19:26,860
 we have to include three things and this is per the Texas Local Government Code.

274
00:19:26,860 --> 00:19:32,360
 Any denial of the plot has to be directly related to our requirements.

275
00:19:32,360 --> 00:19:34,900
 It has to include citations to the law.

276
00:19:34,900 --> 00:19:39,800
 So we have to when we're writing our staff reports be very specific about any deficiencies

277
00:19:39,800 --> 00:19:41,080
 on that plot.

278
00:19:41,080 --> 00:19:42,720
 And it can't be arbitrary.

279
00:19:42,720 --> 00:19:47,880
 It has to be related to to a rule of regulation we have within the city.

280
00:19:47,880 --> 00:19:53,680
 And then those conditional approvals are conditional approvals and denials are treated similarly

281
00:19:53,680 --> 00:19:59,800
 and I know this came up at our last meeting that the applicant has to provide a response

282
00:19:59,800 --> 00:20:03,640
 and the Planning and Zoning Commission has to act on that response within 15 days of

283
00:20:03,640 --> 00:20:04,640
 receipt.

284
00:20:04,640 --> 00:20:13,240
 So so, you know, approval and denial really are pretty similar in how they're treated

285
00:20:13,240 --> 00:20:14,520
 after the fact.

286
00:20:14,520 --> 00:20:16,720
 So that concludes my presentation.

287
00:20:16,720 --> 00:20:22,560
 I'll answer any questions and then Richard and Cynthia may may jump in if you've got any

288
00:20:22,560 --> 00:20:27,840
 any questions that I can't answer.

289
00:20:27,840 --> 00:20:30,400
 Any questions for Julie?

290
00:20:30,400 --> 00:20:34,400
 Commissioner Ellis.

291
00:20:34,400 --> 00:20:35,400
 Thank you, Chair.

292
00:20:35,400 --> 00:20:37,680
 And thanks, Julie, for this presentation.

293
00:20:37,680 --> 00:20:42,640
 So when you stated earlier on one of your slides where it said the city cannot disprove

294
00:20:42,640 --> 00:20:48,360
 or, I guess, how did how did it read the city has no discretion and is not is obligated

295
00:20:48,360 --> 00:20:51,720
 to approve if it fits all the criteria.

296
00:20:51,720 --> 00:21:02,780
 So when you say the city, does that mean this body, the the the those who are authorized

297
00:21:02,780 --> 00:21:04,320
 by the code to approve it.

298
00:21:04,320 --> 00:21:08,240
 So if if it's if it's something that has to go to the Planning and Zoning Commission,

299
00:21:08,240 --> 00:21:12,920
 it would be this body if it is if it's an administratively approved plat, it would be

300
00:21:12,920 --> 00:21:16,160
 the Director of Development Service or his or her designee.

301
00:21:16,160 --> 00:21:20,280
 And I don't know if Richard or Cynthia want to jump in on that.

302
00:21:20,280 --> 00:21:29,160
 Sure, Commissioner Ellis, how the statute is written is that the approving authority

303
00:21:29,160 --> 00:21:35,240
 approves the plat and it depends on how your your your subdivision ordinance is written.

304
00:21:35,240 --> 00:21:39,280
 As Julie pointed out, some of the plats are administratively approved.

305
00:21:39,280 --> 00:21:44,040
 And then there are plats that are approved by the Planning and Zoning Commission.

306
00:21:44,040 --> 00:21:49,360
 So when she says city, she means whoever the City Council delegates that authority to.

307
00:21:49,360 --> 00:21:50,360
 OK.

308
00:21:50,360 --> 00:21:51,360
 And I understand that.

309
00:21:51,360 --> 00:21:56,920
 And I guess where I was going with that question is if all if staff is recommending approval

310
00:21:56,920 --> 00:22:07,360
 because it does meet all of the points, then we really are obligated to vote for approval

311
00:22:07,360 --> 00:22:10,160
 with the way that it is written, correct?

312
00:22:10,160 --> 00:22:11,160
 Correct.

313
00:22:11,160 --> 00:22:12,160
 Yeah.

314
00:22:12,160 --> 00:22:16,760
 Under under the Texas local government code, we're we're you know, if it meets all criteria

315
00:22:16,760 --> 00:22:26,480
 and the DDC meets all of our plans, transportation plans and utilities plans, we we must approve

316
00:22:26,480 --> 00:22:27,480
 the plat.

317
00:22:27,480 --> 00:22:28,480
 OK.

318
00:22:28,480 --> 00:22:32,520
 And so if somebody in this body was going to vote no, then it would have they'd have

319
00:22:32,520 --> 00:22:38,480
 to cite the reason, maybe something that staff didn't see that doesn't conform.

320
00:22:38,480 --> 00:22:40,880
 Something correct.

321
00:22:40,880 --> 00:22:41,880
 That's a good point.

322
00:22:41,880 --> 00:22:49,200
 And Julie did point out if they're if we're going to if the approving body decides to

323
00:22:49,200 --> 00:22:59,440
 deny a plat, they do have to identify a specific code provision as for the reason to deny the

324
00:22:59,440 --> 00:23:00,440
 plat.

325
00:23:00,440 --> 00:23:06,160
 So we have to identify that in in the code or also the in the development code or in

326
00:23:06,160 --> 00:23:10,160
 the local government code, a specific provision that it's not complying with.

327
00:23:10,160 --> 00:23:11,160
 OK.

328
00:23:11,160 --> 00:23:12,160
 Thanks.

329
00:23:12,160 --> 00:23:13,160
 Sorry.

330
00:23:13,160 --> 00:23:14,160
 That was kind of wordy.

331
00:23:14,160 --> 00:23:15,160
 But

332
00:23:15,160 --> 00:23:16,160
 Commissioner Beck.

333
00:23:16,160 --> 00:23:19,160
 Thank you, Chair.

334
00:23:19,160 --> 00:23:24,880
 So Cynthia, following up from that comment, but that's that's anything in our Denton development

335
00:23:24,880 --> 00:23:33,840
 code, not necessarily materials that were presented in work session or hearing.

336
00:23:33,840 --> 00:23:36,900
 Is that correct?

337
00:23:36,900 --> 00:23:42,220
 In terms of grounds for approval or denial.

338
00:23:42,220 --> 00:23:50,160
 So your question is whether you can identify anything in the development code as a reason

339
00:23:50,160 --> 00:23:52,080
 to deny a plat.

340
00:23:52,080 --> 00:23:56,240
 Any applicable.

341
00:23:56,240 --> 00:24:02,040
 I think I would agree that that's that that's a reasonable summary of what I said.

342
00:24:02,040 --> 00:24:03,040
 Yes.

343
00:24:03,040 --> 00:24:04,040
 Thank you.

344
00:24:04,040 --> 00:24:07,040
 Commissioner Cole, thank you, Chair.

345
00:24:07,040 --> 00:24:15,200
 What recourse would an applicant have if they feel that, you know, that was the case, that

346
00:24:15,200 --> 00:24:23,440
 it wasn't something in the development code or what would they what's their recourse?

347
00:24:23,440 --> 00:24:29,080
 Commissioner Cole, there is a there is an appeal process built into the development

348
00:24:29,080 --> 00:24:34,320
 code for a plat that's denied, they can appeal it to the city council.

349
00:24:34,320 --> 00:24:39,160
 I believe that's in table two dash two.

350
00:24:39,160 --> 00:24:48,640
 Julie or Richard, if you can confirm that that is correct.

351
00:24:48,640 --> 00:24:54,720
 Any other questions on this item?

352
00:24:54,720 --> 00:25:00,220
 The only thing I have is maybe to be more explicit than what maybe Commissioner Ellis

353
00:25:00,220 --> 00:25:01,440
 was getting at.

354
00:25:01,440 --> 00:25:02,440
 I'm not sure.

355
00:25:02,440 --> 00:25:03,440
 This is on me.

356
00:25:03,440 --> 00:25:06,960
 Are commissioners allowed to vote no without citing a reason?

357
00:25:06,960 --> 00:25:13,680
 Is there any I mean, is that up to our commission and council to determine or is it just if

358
00:25:13,680 --> 00:25:18,920
 someone votes no without a reason, they can still go on record with a no might be a minority

359
00:25:18,920 --> 00:25:26,320
 vote, but it seems possible if we allow a minority vote to be placed in opposition without

360
00:25:26,320 --> 00:25:30,480
 a citation, it is possible that that could move to the majority.

361
00:25:30,480 --> 00:25:33,120
 And then that would be it sounds illegal.

362
00:25:33,120 --> 00:25:39,400
 But can you help me out with with if someone has on this commission just a moral principle

363
00:25:39,400 --> 00:25:49,160
 against development, but has no ability to cite a rule, is that is that vote still viable?

364
00:25:49,160 --> 00:25:50,160
 Do we accept that vote?

365
00:25:50,160 --> 00:25:51,160
 Can you tell me?

366
00:25:51,160 --> 00:25:58,600
 I mean, it sounds like you can vote your conscience on this without any recourse, but I'm conflicted

367
00:25:58,600 --> 00:26:05,560
 there of what a commissioner authority is on just voting conscience on this type of

368
00:26:05,560 --> 00:26:06,560
 vote.

369
00:26:06,560 --> 00:26:12,240
 Sure, sure, Mr. Chair, the the commission is acting as a body as a whole.

370
00:26:12,240 --> 00:26:17,600
 So it would be the majority of the commission that would make the decision.

371
00:26:17,600 --> 00:26:22,220
 So I understood that correctly.

372
00:26:22,220 --> 00:26:27,560
 If we were to vote a denial as a majority, there must be a citation.

373
00:26:27,560 --> 00:26:30,520
 And if there's not, is that vote void?

374
00:26:30,520 --> 00:26:36,880
 No, we'd you'd have to identify specific provisions of either the debt and development

375
00:26:36,880 --> 00:26:43,800
 code or the local government code to deny the plat.

376
00:26:43,800 --> 00:26:53,600
 And that would be something that would be asked of you when you're making your motion,

377
00:26:53,600 --> 00:26:55,120
 whoever makes the motion to deny.

378
00:26:55,120 --> 00:26:59,640
 Okay, I was about to I was about to say we need to offline as a chair, do I recognize

379
00:26:59,640 --> 00:27:03,440
 a denial motion with without a citation?

380
00:27:03,440 --> 00:27:06,120
 But it sounds I don't even know if this will ever happen.

381
00:27:06,120 --> 00:27:09,320
 But I appreciate your insight into that process.

382
00:27:09,320 --> 00:27:15,480
 You're sort of compelled, I think, by by virtue of the 212.

383
00:27:15,480 --> 00:27:18,080
 To vote in affirmation if it meets all standards.

384
00:27:18,080 --> 00:27:22,140
 Or Yeah, or if you're going to deny to do that with a finding, I don't think they give

385
00:27:22,140 --> 00:27:26,800
 you the the option of just to deny to deny it has to be denied with reasons.

386
00:27:26,800 --> 00:27:27,800
 Okay.

387
00:27:27,800 --> 00:27:30,240
 I appreciate that clarification.

388
00:27:30,240 --> 00:27:31,240
 Christian Anderson.

389
00:27:31,240 --> 00:27:37,840
 Isn't that something that the staff would probably catch before it ever got to us?

390
00:27:37,840 --> 00:27:42,160
 You know, I mean, if there was a flagrant violation or something that the staff would

391
00:27:42,160 --> 00:27:46,440
 probably catch that before it ever cut to us, correct?

392
00:27:46,440 --> 00:27:47,440
 That's correct.

393
00:27:47,440 --> 00:27:52,120
 I mean, we would provide we would provide that recommendation, whether, you know, approve

394
00:27:52,120 --> 00:27:56,600
 based upon it that it beats all of the conditions, or like some of the items tonight where we're

395
00:27:56,600 --> 00:28:02,040
 recommending denial because it doesn't meet the variety of standards.

396
00:28:02,040 --> 00:28:04,600
 In this case, they're asking for an extension.

397
00:28:04,600 --> 00:28:10,080
 But if you were to go against staff's recommendation and want to approve it, there would need to

398
00:28:10,080 --> 00:28:14,080
 be you would need to make those findings as to how they're meeting those code provisions.

399
00:28:14,080 --> 00:28:20,640
 So, so for instance, tonight, say we had one tonight that the staff was recommending denial,

400
00:28:20,640 --> 00:28:26,480
 we would ask commissioners, we wouldn't have to give a reason why we would make the motion

401
00:28:26,480 --> 00:28:31,200
 to approve the denial, because staff has already recommended it correct, it would just be with

402
00:28:31,200 --> 00:28:33,480
 staff based upon staff's recommendation.

403
00:28:33,480 --> 00:28:34,480
 Awesome.

404
00:28:34,480 --> 00:28:35,480
 Thank you very much.

405
00:28:35,480 --> 00:28:36,480
 Thank you.

406
00:28:36,480 --> 00:28:37,920
 Christian back.

407
00:28:37,920 --> 00:28:41,960
 So so Commissioner Anderson is confused me with the double negatives.

408
00:28:41,960 --> 00:28:46,380
 And I just would like some clarification.

409
00:28:46,380 --> 00:28:52,520
 You we can vote approval without any.

410
00:28:52,520 --> 00:28:59,520
 So if staff is recommending denial, but we want to approve, we can do that without citing

411
00:28:59,520 --> 00:29:00,520
 anything.

412
00:29:00,520 --> 00:29:04,920
 But I mean, it's you see my quandary is I'm trying to understand when when do you need

413
00:29:04,920 --> 00:29:08,360
 to cite specific guidelines?

414
00:29:08,360 --> 00:29:13,240
 Is it I mean, because we do have these occasions where there is a sort of, you know, a vote

415
00:29:13,240 --> 00:29:17,120
 to approve is a negative kind of double negative situation.

416
00:29:17,120 --> 00:29:29,120
 So can can someone clarify under what circumstances you must cite regulations for?

417
00:29:29,120 --> 00:29:33,200
 Is it just if the application is denied?

418
00:29:33,200 --> 00:29:38,080
 It sounds to me if I could hop in real fast, Cynthia, that if our body moves against the

419
00:29:38,080 --> 00:29:42,040
 recommendation of the city, we need to have concrete evidence of why we're doing that.

420
00:29:42,040 --> 00:29:46,440
 So if the city recommends approval, a vote against we would need to cite where it doesn't

421
00:29:46,440 --> 00:29:47,440
 meet the ordinance.

422
00:29:47,440 --> 00:29:52,040
 If the city is recommending denial, and we would like to approve, we would have to show

423
00:29:52,040 --> 00:29:59,040
 where they're meeting those items, the city is deemed efficient.

424
00:29:59,040 --> 00:30:00,040
 Good summary.

425
00:30:00,040 --> 00:30:04,580
 OK, so so then just one one clarification is for my own brain cells.

426
00:30:04,580 --> 00:30:12,320
 And that is, it's essentially if we are reversing the recommendation of city staff, is that

427
00:30:12,320 --> 00:30:13,320
 correct?

428
00:30:13,320 --> 00:30:14,320
 Correct.

429
00:30:14,320 --> 00:30:18,240
 OK, thank you.

430
00:30:18,240 --> 00:30:23,280
 Commissioner Ellis.

431
00:30:23,280 --> 00:30:24,280
 Thank you, Chair.

432
00:30:24,280 --> 00:30:30,920
 OK, so Cynthia, this is probably your question to go back with what Chair was saying.

433
00:30:30,920 --> 00:30:40,460
 So if an individual is going to vote, no, they don't have to cite any reasons for that.

434
00:30:40,460 --> 00:30:50,280
 If the body as a whole is approving, so I'm just trying to get clarification on that.

435
00:30:50,280 --> 00:30:52,080
 Sure.

436
00:30:52,080 --> 00:30:57,000
 When I say the body as a whole makes the decision, that's how the development code is written,

437
00:30:57,000 --> 00:31:01,640
 unless it's an administrative plat, then the director would make the decision.

438
00:31:01,640 --> 00:31:10,080
 So if you make a motion to approve, and then there's a second to that motion, and there's

439
00:31:10,080 --> 00:31:19,160
 a vote, and two of the commissioners don't vote in favor, it's not that they have to

440
00:31:19,160 --> 00:31:25,920
 specifically articulate their reasons for voting against it.

441
00:31:25,920 --> 00:31:33,380
 They could, but the vote would still pass, the plat would still be approved if there's

442
00:31:33,380 --> 00:31:34,960
 a majority vote.

443
00:31:34,960 --> 00:31:40,480
 So they do not have to cite reasons.

444
00:31:40,480 --> 00:31:44,680
 You know what, I think it's a good practice for them to articulate why there's voting

445
00:31:44,680 --> 00:31:46,760
 against something, and it's up to the Chair.

446
00:31:46,760 --> 00:31:55,680
 Well, because it kind of goes against what we discussed earlier about the body who is

447
00:31:55,680 --> 00:31:59,160
 approving or denying needs to cite the reason.

448
00:31:59,160 --> 00:32:00,800
 So that's my confusion.

449
00:32:00,800 --> 00:32:06,760
 I mean, I asked for this work session because we had an instance where we only had five

450
00:32:06,760 --> 00:32:15,040
 of us, and I was chairing it, and two commissioners voted no on a plat that met all of the criteria

451
00:32:15,040 --> 00:32:20,720
 and should have been approved, and it was denied because we didn't have four votes,

452
00:32:20,720 --> 00:32:22,360
 even though it was a 3-2.

453
00:32:22,360 --> 00:32:31,880
 So I'm trying not to run into that situation, or I'm trying to get clarity on how to...

454
00:32:31,880 --> 00:32:39,280
 Cynthia, if I could jump in, in that situation, if the vote fails, wouldn't the Chair in that

455
00:32:39,280 --> 00:32:49,720
 situation clarify the opposition to articulate the opposition, and if found none, wouldn't

456
00:32:49,720 --> 00:32:52,280
 the Chair compel the votes for approval?

457
00:32:52,280 --> 00:32:55,800
 That's kind of what I would think.

458
00:32:55,800 --> 00:33:01,240
 If staff recommends approval, the vote for approval does not pass.

459
00:33:01,240 --> 00:33:04,960
 I would think the appropriate next steps is for an articulation of the opposition at that

460
00:33:04,960 --> 00:33:13,240
 point.

461
00:33:13,240 --> 00:33:22,920
 I don't remember... Richard, do you remember, or Planning Director Canone, do you remember

462
00:33:22,920 --> 00:33:25,800
 maybe Commissioner Ellis does, too?

463
00:33:25,800 --> 00:33:31,680
 Yeah, I mean, it was a vote to approve the plat.

464
00:33:31,680 --> 00:33:43,160
 That's what we were voting on, and it was a 3-2 vote, three in favor, two not in favor.

465
00:33:43,160 --> 00:33:44,720
 Correct.

466
00:33:44,720 --> 00:33:49,000
 Because we only had five members here, and there's seven members of the board, so we

467
00:33:49,000 --> 00:33:50,840
 didn't have the four votes.

468
00:33:50,840 --> 00:33:51,840
 That's why it failed.

469
00:33:51,840 --> 00:33:52,840
 Yes.

470
00:33:52,840 --> 00:33:53,840
 Oh, I know why it failed.

471
00:33:53,840 --> 00:33:54,840
 Yeah.

472
00:33:54,840 --> 00:33:55,840
 I know very well.

473
00:33:55,840 --> 00:33:56,840
 Right.

474
00:33:56,840 --> 00:34:05,480
 So, Mr. Chair, you're asking for the two members who voted against that motion, if they should

475
00:34:05,480 --> 00:34:08,920
 have articulated their reasons why they voted against that motion?

476
00:34:08,920 --> 00:34:16,080
 Well, I'm just wondering if we are compelled/obligated to approve a plat if it meets all conditions

477
00:34:16,080 --> 00:34:22,520
 and the vote fails, then it should be appropriate that the opposition to that vote must articulate

478
00:34:22,520 --> 00:34:37,880
 where the actual opposition is in order to influence the vote to a denial.

479
00:34:37,880 --> 00:34:39,480
 This is a good discussion, I think.

480
00:34:39,480 --> 00:34:40,480
 Yeah.

481
00:34:40,480 --> 00:34:46,360
 This was a very unique situation that happened, and I see your point, and as Chair, you could

482
00:34:46,360 --> 00:34:50,000
 certainly ask that question of all the commissioners.

483
00:34:50,000 --> 00:34:51,000
 You're running the meeting?

484
00:34:51,000 --> 00:34:58,240
 Well, it is a unique situation, but to Commissioner Ellis's point, I can foresee, even with all

485
00:34:58,240 --> 00:35:06,400
 seven members being there, four vote against and not pass, but the authority to approve

486
00:35:06,400 --> 00:35:12,800
 the plat falls on our commission, which means it seems to me there needs to be a re-vote

487
00:35:12,800 --> 00:35:20,400
 immediately after in order to either approve rightfully or articulate the reasons in which

488
00:35:20,400 --> 00:35:22,720
 a denial is required.

489
00:35:22,720 --> 00:35:23,720
 Kushala.

490
00:35:23,720 --> 00:35:26,620
 Thank you, Chair.

491
00:35:26,620 --> 00:35:32,600
 But the issue was, this particular situation, you couldn't re-vote on it because you already

492
00:35:32,600 --> 00:35:36,640
 took a vote, and it was a 3-2.

493
00:35:36,640 --> 00:35:44,040
 You need four votes for it to move forward in that, in a five-person body, I believe.

494
00:35:44,040 --> 00:35:48,040
 And so, I mean, the Chair couldn't say, "Well, let's vote again," because we were supposed

495
00:35:48,040 --> 00:35:51,760
 to approve that, you know, even because the motion was to approve.

496
00:35:51,760 --> 00:35:52,760
 Yeah.

497
00:35:52,760 --> 00:35:54,640
 That's a good point.

498
00:35:54,640 --> 00:35:55,640
 Richard.

499
00:35:55,640 --> 00:35:56,640
 Yeah.

500
00:35:56,640 --> 00:36:01,560
 If I can make a suggestion, I think we have the ability to create policies for the commission

501
00:36:01,560 --> 00:36:10,080
 and maybe this is one that we probably definitely need to create sooner than later.

502
00:36:10,080 --> 00:36:17,160
 And if it is the Board's desire, we can try to draft something for the next meeting that,

503
00:36:17,160 --> 00:36:22,240
 in those instances, if you are going to -- again, this would have to be something that the commission

504
00:36:22,240 --> 00:36:29,060
 would all have to agree to, or if you are going to make a motion to deny, whether -- if

505
00:36:29,060 --> 00:36:34,840
 staff's recommending approval or vice versa, or be a member voting against it to provide

506
00:36:34,840 --> 00:36:39,320
 for those reasons or provide for those findings.

507
00:36:39,320 --> 00:36:44,600
 I think if we carry that policy forward, I think it's just a good practice that it's

508
00:36:44,600 --> 00:36:52,800
 always going to be done in those instances if there is a decision to go against where

509
00:36:52,800 --> 00:36:59,200
 staff is recommending in this instance for these plots because of what we're stuck with

510
00:36:59,200 --> 00:37:07,380
 with this bill.

511
00:37:07,380 --> 00:37:11,380
 But I'll leave that to the commission's desire.

512
00:37:11,380 --> 00:37:17,480
 I just don't know how policy would work in practice if someone didn't announce their

513
00:37:17,480 --> 00:37:23,240
 voting opposition, vote in opposition, the vote goes through, then we go back and say,

514
00:37:23,240 --> 00:37:27,460
 hey, you voted in opposition, you need to, for the record, state why.

515
00:37:27,460 --> 00:37:35,080
 It's hard to require someone to voice their detailed opinion prior to the vote, in my

516
00:37:35,080 --> 00:37:36,080
 opinion.

517
00:37:36,080 --> 00:37:39,080
 But if you want to craft language --

518
00:37:39,080 --> 00:37:42,000
 Yeah, I was just trying to get us somewhere.

519
00:37:42,000 --> 00:37:43,000
 No, I agree.

520
00:37:43,000 --> 00:37:44,000
 Productivity is desired.

521
00:37:44,000 --> 00:37:45,000
 Commissioner Ellis.

522
00:37:45,000 --> 00:37:46,000
 Thank you, Chair.

523
00:37:46,000 --> 00:37:53,040
 Well, I mean, my reason really for calling this work session was to be able to at least

524
00:37:53,040 --> 00:38:01,200
 maybe have the legal department look on it as a situation that we were in doesn't happen.

525
00:38:01,200 --> 00:38:07,880
 So I think it at least needs to be looked at to see if policy needs to be set.

526
00:38:07,880 --> 00:38:13,120
 You know, that would be my opinion.

527
00:38:13,120 --> 00:38:14,120
 Mr. Chair.

528
00:38:14,120 --> 00:38:15,120
 Yes.

529
00:38:15,120 --> 00:38:20,240
 Another point, I think it would have been helpful for the commission to know that evening

530
00:38:20,240 --> 00:38:29,080
 when we only had five commissioners here, what vote we needed to approve the plats.

531
00:38:29,080 --> 00:38:31,160
 That was a unique situation.

532
00:38:31,160 --> 00:38:32,160
 Yeah.

533
00:38:32,160 --> 00:38:33,160
 Commissioner Beck.

534
00:38:33,160 --> 00:38:34,160
 Chair.

535
00:38:34,160 --> 00:38:41,200
 Commissioner Ellis did a very good job that night describing the demographics of that

536
00:38:41,200 --> 00:38:46,400
 vote, describing it as a five-member and the ramification.

537
00:38:46,400 --> 00:38:51,520
 So I don't think that it was unclear to circumstance.

538
00:38:51,520 --> 00:39:03,920
 The question of legal and this discussion is, as a whole, is there are times when our

539
00:39:03,920 --> 00:39:11,160
 commission, any given commissioner doesn't have the DDC memorized as to chapter, sub-chapter

540
00:39:11,160 --> 00:39:20,800
 sub-chapter, but in general is familiar with the guidelines and states reasons that they're

541
00:39:20,800 --> 00:39:25,840
 in agreement, disagreement, whatever, whichever way the vector goes.

542
00:39:25,840 --> 00:39:30,360
 But you know, that may not be compelling to other commissioners.

543
00:39:30,360 --> 00:39:38,160
 That does not necessarily imply that those reasons are worthy of chair overturning or

544
00:39:38,160 --> 00:39:40,160
 requesting a re-vote.

545
00:39:40,160 --> 00:39:45,900
 You can disagree with any given commissioner, but I'm not, I think we're, while we do,

546
00:39:45,900 --> 00:39:52,200
 I agree with Richard that we need some, some policies to be clear.

547
00:39:52,200 --> 00:39:56,160
 I think we're on, we're on dangerous territory where we're talking about overturning a commissioner's

548
00:39:56,160 --> 00:40:03,520
 vote or forcing a re-vote to get the vote that is desired by the majority.

549
00:40:03,520 --> 00:40:05,920
 I think that's very dangerous territory.

550
00:40:05,920 --> 00:40:13,440
 Yeah, and I'm sorry, my, my intent really was just to kind of follow the statute.

551
00:40:13,440 --> 00:40:17,960
 So if you have to deny it for reasons, if you're going to vote to deny, deny it with

552
00:40:17,960 --> 00:40:23,060
 reasons again, it was just kind of carrying that through nothing more, nothing less.

553
00:40:23,060 --> 00:40:24,060
 Thank you.

554
00:40:24,060 --> 00:40:29,200
 And Mr. Chair, with regard to the re-vote, once the, as commissioner Ellis said, once

555
00:40:29,200 --> 00:40:32,720
 the, the commission's already voted, they've lost jurisdiction over the matter and it's

556
00:40:32,720 --> 00:40:40,060
 on to the next body.

557
00:40:40,060 --> 00:40:42,440
 Commissioner Cole and Anderson, do you still have Commissioner Cole?

558
00:40:42,440 --> 00:40:46,760
 Yeah, this is exactly what I was thinking, thinking about when I talked about recourse.

559
00:40:46,760 --> 00:40:50,240
 So that 3-2, it's denial, but it goes to council.

560
00:40:50,240 --> 00:40:54,000
 It has to be a supermajority, right?

561
00:40:54,000 --> 00:41:00,300
 To approve since it's a denial, does council have to have a supermajority to pass it?

562
00:41:00,300 --> 00:41:01,840
 Does it go to council?

563
00:41:01,840 --> 00:41:02,840
 Yes.

564
00:41:02,840 --> 00:41:03,840
 It does.

565
00:41:03,840 --> 00:41:04,840
 Right.

566
00:41:04,840 --> 00:41:07,680
 But it just requires a supermajority.

567
00:41:07,680 --> 00:41:09,040
 It would need to be appealed.

568
00:41:09,040 --> 00:41:10,040
 Okay.

569
00:41:10,040 --> 00:41:11,040
 Okay.

570
00:41:11,040 --> 00:41:12,600
 It wouldn't automatically go.

571
00:41:12,600 --> 00:41:13,600
 It wouldn't automatically go.

572
00:41:13,600 --> 00:41:14,600
 Okay.

573
00:41:14,600 --> 00:41:15,600
 No.

574
00:41:15,600 --> 00:41:16,600
 That's not a reply.

575
00:41:16,600 --> 00:41:20,200
 You know, can they sue us?

576
00:41:20,200 --> 00:41:25,000
 Is it possible?

577
00:41:25,000 --> 00:41:28,960
 Commissioner Cole, I think I would prefer to answer questions like that in closed session.

578
00:41:28,960 --> 00:41:29,960
 Okay.

579
00:41:29,960 --> 00:41:31,480
 Thank you.

580
00:41:31,480 --> 00:41:34,720
 If you have a specific question.

581
00:41:34,720 --> 00:41:37,720
 And just for the commission to know, we have a placeholder on our agenda.

582
00:41:37,720 --> 00:41:42,080
 If we need to go to closed session, that's certainly the prerogative of this body to

583
00:41:42,080 --> 00:41:43,080
 do so.

584
00:41:43,080 --> 00:41:46,640
 So Commissioner Cole, if you would like to, or if you want to pursue that further, please

585
00:41:46,640 --> 00:41:47,640
 let us know.

586
00:41:47,640 --> 00:41:48,640
 Commissioner Anderson.

587
00:41:48,640 --> 00:41:53,040
 This isn't anything to do with this, but I just had a little pop up on my screen that

588
00:41:53,040 --> 00:41:54,400
 says, "Internet's unstable."

589
00:41:54,400 --> 00:41:57,360
 So if I lose you guys and I pop off, I'll get back on immediately.

590
00:41:57,360 --> 00:42:00,920
 So just give me a heads up, I'm having internet issues, kind of.

591
00:42:00,920 --> 00:42:02,720
 Thank you, Commissioner Anderson.

592
00:42:02,720 --> 00:42:03,720
 Commissioner Ellis.

593
00:42:03,720 --> 00:42:04,720
 Thank you, Chair.

594
00:42:04,720 --> 00:42:08,480
 Actually, on that same note, the same thing happened to me.

595
00:42:08,480 --> 00:42:09,480
 So okay.

596
00:42:09,480 --> 00:42:12,400
 So it may, I don't know if it's, whose end it's on.

597
00:42:12,400 --> 00:42:16,240
 If it's happened to all of us, it may be, city.

598
00:42:16,240 --> 00:42:17,240
 Okay.

599
00:42:17,240 --> 00:42:18,240
 Okay.

600
00:42:18,240 --> 00:42:22,000
 That was a great discussion on the matter.

601
00:42:22,000 --> 00:42:25,960
 Is there any other questions for staff on this?

602
00:42:25,960 --> 00:42:27,960
 Commissioner Smith.

603
00:42:27,960 --> 00:42:34,280
 Just looking for the agenda, the items we read through, do we have time to go to closed

604
00:42:34,280 --> 00:42:35,280
 session?

605
00:42:35,280 --> 00:42:36,280
 Yeah.

606
00:42:36,280 --> 00:42:41,960
 I mean, we definitely have time to do that.

607
00:42:41,960 --> 00:42:42,960
 Okay.

608
00:42:42,960 --> 00:42:45,360
 Then I would like to go to closed session.

609
00:42:45,360 --> 00:42:50,560
 I do want to talk about the point that Cynthia brought up about that.

610
00:42:50,560 --> 00:42:51,560
 Okay.

611
00:42:51,560 --> 00:42:58,400
 So what I will do at 543 is close the work session to a closed session.

612
00:42:58,400 --> 00:43:11,520
 And I will ask technology of how we do that on a Zoom call.

613
00:43:11,520 --> 00:43:14,120
 Thank you for allowing us to convene in closed session.

614
00:43:14,120 --> 00:43:18,560
 It is now 6.05 and we will continue with the agenda items.

615
00:43:18,560 --> 00:43:23,920
 The next item of business brings us to item two, the consideration of minute approval.

616
00:43:23,920 --> 00:43:30,280
 Is there any notes or edits to the July 8th minutes?

617
00:43:30,280 --> 00:43:31,920
 Okay.

618
00:43:31,920 --> 00:43:34,800
 Next item for business is our individual considerations.

619
00:43:34,800 --> 00:43:38,480
 Item three A is Ron Maguida's item.

620
00:43:38,480 --> 00:43:39,480
 Is there any questions?

621
00:43:39,480 --> 00:43:40,480
 Would you like a presentation?

622
00:43:40,480 --> 00:43:45,600
 This will be coming back to us pending a vote on this.

623
00:43:45,600 --> 00:43:47,440
 Commissioner Beck.

624
00:43:47,440 --> 00:43:54,200
 I don't know that I necessarily want a presentation of the material.

625
00:43:54,200 --> 00:44:06,560
 But I was curious, it's been my understanding that because the presentation was prepared

626
00:44:06,560 --> 00:44:16,520
 for council about this issue and I was wondering if at some point prior to us revisiting or

627
00:44:16,520 --> 00:44:23,200
 seeing this issue come up, before us, could we see that presentation on development on

628
00:44:23,200 --> 00:44:28,720
 top of gas wells, cap gas wells?

629
00:44:28,720 --> 00:44:32,720
 And I bring it up now just because this is the topic of the moment rather than at the

630
00:44:32,720 --> 00:44:34,680
 matrix time.

631
00:44:34,680 --> 00:44:41,840
 Richard, is there a pertinent presentation to this preliminary plat?

632
00:44:41,840 --> 00:44:43,960
 Not specific to this preliminary plat.

633
00:44:43,960 --> 00:44:51,600
 We are working on a work session item for council to discuss plug gas wells and setbacks.

634
00:44:51,600 --> 00:44:58,920
 And I think much like any time we do do that, shortly thereafter, typically we do it the

635
00:44:58,920 --> 00:45:05,000
 next -- we have the council work session, and then the next day we do -- we update P&C

636
00:45:05,000 --> 00:45:06,000
 on that.

637
00:45:06,000 --> 00:45:08,500
 So that would be our intent.

638
00:45:08,500 --> 00:45:15,080
 But that will not be for at least another month as we are working through those issues

639
00:45:15,080 --> 00:45:16,660
 associated with that.

640
00:45:16,660 --> 00:45:24,000
 So that would be, if I could clarify, after we would see this issue again on August 5th?

641
00:45:24,000 --> 00:45:26,520
 Is that correct?

642
00:45:26,520 --> 00:45:27,520
 August 19th.

643
00:45:27,520 --> 00:45:28,520
 19th.

644
00:45:28,520 --> 00:45:29,520
 Sorry.

645
00:45:29,520 --> 00:45:30,520
 Thank you, Chair.

646
00:45:30,520 --> 00:45:31,560
 That's correct.

647
00:45:31,560 --> 00:45:35,480
 And then even then if we had the workshop or work session, hypothetically, we would need

648
00:45:35,480 --> 00:45:38,080
 to go through the entire code amendment process.

649
00:45:38,080 --> 00:45:43,200
 So it wouldn't likely be implemented for some time.

650
00:45:43,200 --> 00:45:44,200
 All right.

651
00:45:44,200 --> 00:45:45,200
 Thank you, Richard.

652
00:45:45,200 --> 00:45:46,640
 I appreciate it.

653
00:45:46,640 --> 00:45:52,840
 Any questions for Ron on item 3A?

654
00:45:52,840 --> 00:45:55,280
 Seeing none, I'll move to item 3B.

655
00:45:55,280 --> 00:46:00,480
 This is a final -- whoops -- a final replat with Haley Zygursky.

656
00:46:00,480 --> 00:46:03,000
 Any questions on item 3A?

657
00:46:03,000 --> 00:46:07,600
 It is being recommended denial, however, the applicant has requested a 30-day extension

658
00:46:07,600 --> 00:46:08,600
 -- Commissioner Beck.

659
00:46:08,600 --> 00:46:10,560
 Thank you, Chair.

660
00:46:10,560 --> 00:46:17,240
 Haley, is it your estimation that it's likely under normal circumstances that the developer

661
00:46:17,240 --> 00:46:23,020
 could finalize all this in the 30 days?

662
00:46:23,020 --> 00:46:28,480
 Or are we going to see something weird happen in 30 days?

663
00:46:28,480 --> 00:46:29,480
 This is Haley Zygursky.

664
00:46:29,480 --> 00:46:35,400
 Yes, I believe it is perfectly reasonable that they could have this worked out within

665
00:46:35,400 --> 00:46:37,000
 30 days.

666
00:46:37,000 --> 00:46:44,560
 There are still some site plan considerations that they're working through for lot 1R1,

667
00:46:44,560 --> 00:46:48,880
 but I expect that they will work through very quickly the items that are outstanding on

668
00:46:48,880 --> 00:46:56,000
 the plat, which primarily relate to the drainage easement and the access easement on the plat.

669
00:46:56,000 --> 00:47:00,960
 So I anticipate that the August 19th date is achievable for them, despite some of the

670
00:47:00,960 --> 00:47:05,360
 other issues they're having with the site layout that we're still working through with

671
00:47:05,360 --> 00:47:07,720
 respect to landscaping and details like that.

672
00:47:07,720 --> 00:47:08,720
 Okay.

673
00:47:08,720 --> 00:47:09,720
 Thank you.

674
00:47:09,720 --> 00:47:12,720
 I appreciate it, Haley.

675
00:47:12,720 --> 00:47:19,360
 Any other questions for Haley on item 3B?

676
00:47:19,360 --> 00:47:21,600
 Seeing none, we'll go to our public hearing items.

677
00:47:21,600 --> 00:47:23,760
 The first one is item 4A.

678
00:47:23,760 --> 00:47:28,080
 Staff has requested to postpone this item until August 5th.

679
00:47:28,080 --> 00:47:31,720
 So we will not have a presentation for that.

680
00:47:31,720 --> 00:47:37,420
 We can move to item 4B, S19-0013.

681
00:47:37,420 --> 00:47:40,200
 This is Julie Wyatt's presentation.

682
00:47:40,200 --> 00:47:42,480
 I'll turn over the floor to Julie.

683
00:47:42,480 --> 00:47:49,040
 Let me pull up that presentation.

684
00:47:49,040 --> 00:47:51,340
 All right.

685
00:47:51,340 --> 00:48:01,720
 So this is item S19-13, Mingo Road Apartments.

686
00:48:01,720 --> 00:48:06,460
 So the request before you is for a specific use permit to permit multifamily dwellings.

687
00:48:06,460 --> 00:48:08,720
 The property is outlined there in yellow.

688
00:48:08,720 --> 00:48:11,080
 It's on the north side of Mingo Road.

689
00:48:11,080 --> 00:48:16,600
 It is approximately four acres, and it is located in an R7 district, which does require

690
00:48:16,600 --> 00:48:20,240
 a specific use permit for multifamily dwellings.

691
00:48:20,240 --> 00:48:22,360
 This might look familiar to some of you.

692
00:48:22,360 --> 00:48:26,760
 A previous SUP was approved for this site a couple of years ago.

693
00:48:26,760 --> 00:48:34,800
 However, it expired in February 2020, so they're coming back for a revised SUP.

694
00:48:34,800 --> 00:48:41,480
 So just to start off, I wanted to just talk a little bit about the site plan from 2017.

695
00:48:41,480 --> 00:48:43,840
 It included three two-story buildings.

696
00:48:43,840 --> 00:48:45,880
 There were 48 two-bedroom units.

697
00:48:45,880 --> 00:48:51,920
 There was parking along a looped drive aisle, and I sort of outlined it here in brown.

698
00:48:51,920 --> 00:48:55,640
 And there were 84 parking spaces that were distributed along that loop.

699
00:48:55,640 --> 00:48:59,120
 They were oriented to minimize lights on adjacent properties.

700
00:48:59,120 --> 00:49:02,440
 The solid waste receptacle is outlined here in blue.

701
00:49:02,440 --> 00:49:06,360
 That is about 149 feet from the residential lots.

702
00:49:06,360 --> 00:49:10,680
 And the vehicular access was to Mingo Road only.

703
00:49:10,680 --> 00:49:14,640
 Fast forward to the current site plan, and it looks very similar to the previously approved

704
00:49:14,640 --> 00:49:16,040
 SUP.

705
00:49:16,040 --> 00:49:18,080
 There are a couple exceptions.

706
00:49:18,080 --> 00:49:24,040
 They have added additional parking, and that is related to the unit mix, as well as City

707
00:49:24,040 --> 00:49:29,280
 of Denton has increased the parking standards for multifamily development since the original

708
00:49:29,280 --> 00:49:30,480
 SUP was approved.

709
00:49:30,480 --> 00:49:37,000
 So instead of 84 parking spaces, they're proposing 101 to conform to the Denton Development Code.

710
00:49:37,000 --> 00:49:39,280
 They've also modified the unit mix.

711
00:49:39,280 --> 00:49:45,200
 While they're keeping the same building footprint, they are modifying it to 48 one-bedroom units

712
00:49:45,200 --> 00:49:47,520
 and 16 two-bedroom units.

713
00:49:47,520 --> 00:49:53,400
 So those unit mixes changed, but it actually reduced the number of bedrooms from 96 to

714
00:49:53,400 --> 00:49:54,400
 80.

715
00:49:54,400 --> 00:49:58,000
 The other elements related to the site plan are consistent.

716
00:49:58,000 --> 00:50:01,980
 You have those three two-story buildings outlined in purple.

717
00:50:01,980 --> 00:50:09,200
 The setback from the adjacent residential properties to the east is still 44 feet.

718
00:50:09,200 --> 00:50:15,440
 The parking spaces are still distributed along this looped drive aisle to sort of minimize

719
00:50:15,440 --> 00:50:20,200
 the visual impacts of the parking and also to make sure that as few lights shine on the

720
00:50:20,200 --> 00:50:22,440
 adjacent properties as possible.

721
00:50:22,440 --> 00:50:27,720
 The solid waste is in the same place, 149 feet from the northern residential lots, and

722
00:50:27,720 --> 00:50:31,720
 vehicular access to Mingo Road only.

723
00:50:31,720 --> 00:50:34,480
 Just wanted to talk about the landscape plan briefly.

724
00:50:34,480 --> 00:50:41,160
 The original plan had this common open space, central open space, and the current plan retains

725
00:50:41,160 --> 00:50:42,160
 that.

726
00:50:42,160 --> 00:50:46,680
 It's about 13,000 square feet, and it does have some large trees in it.

727
00:50:46,680 --> 00:50:51,440
 So that was part of the reason why they went for this design was to keep some of these

728
00:50:51,440 --> 00:50:55,440
 large trees just as a sampling of what's in there.

729
00:50:55,440 --> 00:51:00,400
 There's a 36-inch post oak, 29-inch pecan, a 30-inch post oak.

730
00:51:00,400 --> 00:51:03,600
 So there's some nice trees in there that they wanted to maintain.

731
00:51:03,600 --> 00:51:08,760
 There's also a buffer required along the perimeter adjacent to the residential properties.

732
00:51:08,760 --> 00:51:14,120
 They're proposing that wood fence, three ornamental trees every 25 feet, and tree preservation

733
00:51:14,120 --> 00:51:15,120
 within that.

734
00:51:15,120 --> 00:51:17,360
 So they do conform to the buffer requirements.

735
00:51:17,360 --> 00:51:24,800
 There's also landscaping along the right of way to enhance that frontage of the property.

736
00:51:24,800 --> 00:51:30,400
 They're proposing a berm along there with a green hedge and street trees in accordance

737
00:51:30,400 --> 00:51:32,100
 with the Denton Development Code.

738
00:51:32,100 --> 00:51:41,180
 You can also see that the building adjacent to Mingo Road, those units do face Mingo Road,

739
00:51:41,180 --> 00:51:44,960
 and they're connected to that sidewalk in accordance with the requirements in the Denton

740
00:51:44,960 --> 00:51:45,960
 Development Code.

741
00:51:45,960 --> 00:51:46,960
 Hey, Julie.

742
00:51:46,960 --> 00:51:49,000
 Can I interrupt real fast?

743
00:51:49,000 --> 00:51:56,720
 Is there a site plan rationale that the solid waste compartments were located in their little

744
00:51:56,720 --> 00:51:59,840
 park area and maybe not on the northwest corner?

745
00:51:59,840 --> 00:52:04,520
 It seems like that's a great place to go play and everything or hang out, but there's two

746
00:52:04,520 --> 00:52:06,200
 dumpsters there.

747
00:52:06,200 --> 00:52:09,440
 Is that where the site kind of mandates it, or what's the rationale?

748
00:52:09,440 --> 00:52:12,360
 That was a discussion at the previous SUP.

749
00:52:12,360 --> 00:52:19,280
 The intent was to really move those dumpsters as far away from the adjacent residential properties

750
00:52:19,280 --> 00:52:20,280
 as possible.

751
00:52:20,280 --> 00:52:21,280
 Okay.

752
00:52:21,280 --> 00:52:24,800
 So that was the intent of putting them in that location.

753
00:52:24,800 --> 00:52:25,800
 Okay.

754
00:52:25,800 --> 00:52:26,800
 Thank you.

755
00:52:26,800 --> 00:52:27,800
 You bet.

756
00:52:27,800 --> 00:52:28,800
 Here's some concept elevations.

757
00:52:28,800 --> 00:52:30,920
 It's a little hard to see on the PowerPoint.

758
00:52:30,920 --> 00:52:33,400
 This is the building that's going to be facing Mingo Road.

759
00:52:33,400 --> 00:52:35,520
 So this is going to be the most prominent building.

760
00:52:35,520 --> 00:52:39,280
 As you can see, it has residential character that's kind of consistent with what's around

761
00:52:39,280 --> 00:52:40,280
 there.

762
00:52:40,280 --> 00:52:41,480
 Once again, it's two story.

763
00:52:41,480 --> 00:52:43,120
 It's got a pitched roof.

764
00:52:43,120 --> 00:52:49,120
 Those front doors face the street, so it does relate to the street really well.

765
00:52:49,120 --> 00:52:55,240
 There's awnings to provide those little front porches, the safety from the rain as you're

766
00:52:55,240 --> 00:52:56,240
 getting in your house.

767
00:52:56,240 --> 00:53:01,440
 So it is consistent with the architectural character of the surrounding area.

768
00:53:01,440 --> 00:53:07,760
 And as with any SUP, the planning process is we first look at what's onsite.

769
00:53:07,760 --> 00:53:12,240
 So what they're proposing and how it meets the development code.

770
00:53:12,240 --> 00:53:16,840
 But then with any SUP, we sort of broaden out our view and look at what's surrounding.

771
00:53:16,840 --> 00:53:21,840
 Because part of the criteria for approval for an SUP is how is it consistent with the

772
00:53:21,840 --> 00:53:22,920
 character of the area.

773
00:53:22,920 --> 00:53:26,600
 So I wanted to talk about the surrounding development for this project.

774
00:53:26,600 --> 00:53:29,640
 So as you can see, it's an infill site.

775
00:53:29,640 --> 00:53:32,080
 It's surrounded by developed property.

776
00:53:32,080 --> 00:53:34,680
 To the west of the site is a multifamily.

777
00:53:34,680 --> 00:53:37,520
 It's an age-restricted multifamily.

778
00:53:37,520 --> 00:53:42,080
 To the north and east, there is residential as well as the south.

779
00:53:42,080 --> 00:53:46,760
 Mingo Road is a secondary arterial within the city of Denton.

780
00:53:46,760 --> 00:53:49,200
 There's one correction I need to make for my staff report.

781
00:53:49,200 --> 00:53:53,580
 So this is Sequoia Park right here.

782
00:53:53,580 --> 00:53:55,560
 And I left that off of my staff report.

783
00:53:55,560 --> 00:54:01,160
 But it is a park that is within about a quarter of a mile walking distance from the subject

784
00:54:01,160 --> 00:54:02,160
 property.

785
00:54:02,160 --> 00:54:12,160
 And it does have a nice walking trail through it.

786
00:54:12,160 --> 00:54:15,160
 Chris, you're back.

787
00:54:15,160 --> 00:54:16,160
 Thank you, Chair.

788
00:54:16,160 --> 00:54:18,380
 And thank you, Julie, for waiting.

789
00:54:18,380 --> 00:54:21,380
 So real briefly about that exact point you just made.

790
00:54:21,380 --> 00:54:35,320
 So on the 10-minute walk park access criteria, it's any of our parcels that are designated

791
00:54:35,320 --> 00:54:37,420
 park satisfy that?

792
00:54:37,420 --> 00:54:41,520
 And so this is designated a park, and therefore it satisfies that.

793
00:54:41,520 --> 00:54:45,760
 You know, it is staff's analysis that it does.

794
00:54:45,760 --> 00:54:51,760
 I know that Parks is in the middle of updating their park plan, and so that could – they

795
00:54:51,760 --> 00:54:54,760
 are looking at maybe partnering with Denton ISD.

796
00:54:54,760 --> 00:55:02,160
 So it may – in the future that may – there may be areas where it's broader than just

797
00:55:02,160 --> 00:55:04,720
 city parks that could satisfy that requirement.

798
00:55:04,720 --> 00:55:07,160
 Maybe it's close to a school that has ball fields in it.

799
00:55:07,160 --> 00:55:13,440
 So as of right now, yes, the way we look at it is if it's within that sort of quarter

800
00:55:13,440 --> 00:55:18,200
 to a half a mile from a city park, that it meets that criteria.

801
00:55:18,200 --> 00:55:21,360
 And that Sequoia Park is city property?

802
00:55:21,360 --> 00:55:22,640
 Yes.

803
00:55:22,640 --> 00:55:25,900
 It was dedicated by Platt to the city.

804
00:55:25,900 --> 00:55:30,560
 So I did talk with Parks about it as well as real estate, and they did confirm that

805
00:55:30,560 --> 00:55:32,240
 it was a city park.

806
00:55:32,240 --> 00:55:33,240
 Thank you so much.

807
00:55:33,240 --> 00:55:34,240
 You bet.

808
00:55:34,240 --> 00:55:35,240
 All right.

809
00:55:35,240 --> 00:55:41,000
 So for SUPs in the 2019 code, we have two sections of approval criteria.

810
00:55:41,000 --> 00:55:47,000
 We have the general approval criteria, and we have the specific criteria for SUPs.

811
00:55:47,000 --> 00:55:50,360
 Staff's analysis is that it does meet the criteria for approval, but what we're going

812
00:55:50,360 --> 00:55:55,880
 to do is kind of hit on these criteria as we continue to discuss the project.

813
00:55:55,880 --> 00:55:59,240
 So first, I want to talk about compatibility with the surrounding area.

814
00:55:59,240 --> 00:56:01,360
 That's one of the criteria for approval.

815
00:56:01,360 --> 00:56:08,120
 So this is a residential use, and as a residential use, it's not anticipated to – anticipated

816
00:56:08,120 --> 00:56:12,240
 to introduce activities inconsistent with what we typically see around there.

817
00:56:12,240 --> 00:56:16,240
 So, you know, people would come and go from work, they would live their lives.

818
00:56:16,240 --> 00:56:22,240
 Those are really similar uses and activities on the site.

819
00:56:22,240 --> 00:56:26,840
 The design of the site increases the compatibility.

820
00:56:26,840 --> 00:56:32,540
 Things like the maximum two-story buildings is more consistent with the surrounding development.

821
00:56:32,540 --> 00:56:39,360
 That increased setback, particularly from the single-family residential adjacent, helps

822
00:56:39,360 --> 00:56:41,280
 increase that compatibility.

823
00:56:41,280 --> 00:56:46,480
 The large open space is a central feature of the site.

824
00:56:46,480 --> 00:56:50,400
 It's consistent with what you see in residential areas.

825
00:56:50,400 --> 00:56:56,040
 The access to the site, there is not direct vehicular access to the adjacent residential.

826
00:56:56,040 --> 00:57:04,320
 It does go out to Mingo Road, so that is – increases the compatibility, as well as the parking lot

827
00:57:04,320 --> 00:57:12,600
 orientation, not having a large central parking lot, but sort of that – the spaces that

828
00:57:12,600 --> 00:57:16,720
 are distributed along that driveway loop.

829
00:57:16,720 --> 00:57:18,520
 And then the buffers.

830
00:57:18,520 --> 00:57:22,200
 Those do reduce potential noise and light for the adjacent properties.

831
00:57:22,200 --> 00:57:29,800
 So – but due to those considerations, it is compatible with the surrounding area.

832
00:57:29,800 --> 00:57:34,320
 We also look at Denton Plan 2030 for any project we review.

833
00:57:34,320 --> 00:57:39,840
 The site is designated as Neighborhood University Compatibility Area.

834
00:57:39,840 --> 00:57:48,940
 This is an infill site adjacent to or near TWU, and these Neighborhood University Compatibility

835
00:57:48,940 --> 00:57:55,280
 Areas are really intended to be kind of transitional, sort of allow the development scale and use

836
00:57:55,280 --> 00:58:01,960
 to either – to gradually decrease as you go toward the residential areas.

837
00:58:01,960 --> 00:58:07,760
 And this proposal is really consistent with that, because it's a multi-family use, so

838
00:58:07,760 --> 00:58:12,320
 it's that – it's still that residential character, but it does allow for the necessary

839
00:58:12,320 --> 00:58:18,120
 housing needed near our university areas, but still maintains that architectural feel

840
00:58:18,120 --> 00:58:21,360
 that's consistent with the adjacent residential.

841
00:58:21,360 --> 00:58:25,240
 So it does conform – it is consistent with that future land use map.

842
00:58:25,240 --> 00:58:29,880
 Additionally, there – those site elements we talked about increase that compatibility

843
00:58:29,880 --> 00:58:37,600
 and just go to further – further meet the goals of that future land use designation.

844
00:58:37,600 --> 00:58:44,800
 The SUP Criteria for Approval also addresses impacts related to access, traffic, emergency

845
00:58:44,800 --> 00:58:50,520
 services, utilities, parking, refuse, noise, glare, odor, and have those been mitigated.

846
00:58:50,520 --> 00:58:53,600
 So we'll kind of take those one by one.

847
00:58:53,600 --> 00:58:55,040
 First we looked at transportation.

848
00:58:55,040 --> 00:58:59,960
 They did provide a trip generation – generation numbers to us.

849
00:58:59,960 --> 00:59:04,880
 The 64 dwelling units would generate about 468 trips in a 24-hour weekday.

850
00:59:04,880 --> 00:59:08,600
 That's 36 morning peak and then 43 evening peak.

851
00:59:08,600 --> 00:59:11,440
 I talked with our engineering staff.

852
00:59:11,440 --> 00:59:14,600
 Mingo Road, as I said, is a secondary arterial.

853
00:59:14,600 --> 00:59:20,040
 Certainly it is not constructed to what we typically see of the secondary arterial, which

854
00:59:20,040 --> 00:59:25,640
 is two lanes in each direction with that – that are separated with a median.

855
00:59:25,640 --> 00:59:30,720
 However, they believe that Mingo Road can accommodate that traffic, that that would

856
00:59:30,720 --> 00:59:34,240
 not negatively impact Mingo Road.

857
00:59:34,240 --> 00:59:38,680
 It is also located next to a DCTA stop.

858
00:59:38,680 --> 00:59:41,440
 I've got it outlined here, that red dot right there.

859
00:59:41,440 --> 00:59:48,640
 It's about 500 walking feet from the – the stop.

860
00:59:48,640 --> 00:59:55,600
 So having that transit does allow for different modes of transportation for the residents.

861
00:59:55,600 --> 00:59:56,760
 And then pedestrians.

862
00:59:56,760 --> 01:00:02,880
 So there is a sidewalk that was constructed on the adjacent property.

863
01:00:02,880 --> 01:00:08,280
 Development of the site would require continuing that sidewalk along their frontage, so it

864
01:00:08,280 --> 01:00:16,520
 would provide a nice improved pedestrian path for residents to access that bus stop.

865
01:00:16,520 --> 01:00:20,320
 Water and wastewater have reviewed it, and there is capacity within the system to serve

866
01:00:20,320 --> 01:00:21,920
 the proposal.

867
01:00:21,920 --> 01:00:25,680
 There is water and wastewater available, and so they wouldn't be required to extend any

868
01:00:25,680 --> 01:00:27,000
 public facilities.

869
01:00:27,000 --> 01:00:31,420
 This is an infill site, so those – those public facilities are already available.

870
01:00:31,420 --> 01:00:35,160
 Fire station number one is about 1.3 miles from the site.

871
01:00:35,160 --> 01:00:40,500
 And then parking and refuse, that – once again, I know we've talked about this, but

872
01:00:40,500 --> 01:00:45,680
 that parking area, the way it's designed does minimize those visual impacts associated

873
01:00:45,680 --> 01:00:46,980
 with it.

874
01:00:46,980 --> 01:00:53,280
 And then the solid waste containers are screened, and they are located 149 feet from the nearest

875
01:00:53,280 --> 01:01:00,320
 single-family residential lot, so minimizing any potential issues for odors or noise associated

876
01:01:00,320 --> 01:01:04,600
 with those solid waste receptacles.

877
01:01:04,600 --> 01:01:06,540
 Public outreach was done.

878
01:01:06,540 --> 01:01:10,120
 We did – we did send out the required notices.

879
01:01:10,120 --> 01:01:13,180
 We haven't received any responses.

880
01:01:13,180 --> 01:01:15,560
 The applicant did hold a neighborhood meeting.

881
01:01:15,560 --> 01:01:23,960
 It's been – it's been a while since they had it, just due to all of the COVID issues.

882
01:01:23,960 --> 01:01:31,000
 But they did have about four attendees, and, you know, they talked about the previous SUP,

883
01:01:31,000 --> 01:01:36,040
 and the – especially those buffer elements.

884
01:01:36,040 --> 01:01:41,520
 And so that was an important element to the adjacent property owners.

885
01:01:41,520 --> 01:01:43,160
 And that is all I have.

886
01:01:43,160 --> 01:01:48,880
 The applicant is here, and they have a presentation to go over at the regular session, and I'll

887
01:01:48,880 --> 01:01:49,880
 answer any questions.

888
01:01:49,880 --> 01:01:50,880
 Oh, I'm sorry.

889
01:01:50,880 --> 01:01:51,880
 I forgot.

890
01:01:51,880 --> 01:01:52,880
 The recommendation.

891
01:01:52,880 --> 01:01:53,880
 (Laughter.)

892
01:01:53,880 --> 01:01:54,880
 I'm sorry.

893
01:01:54,880 --> 01:01:57,200
 One more.

894
01:01:57,200 --> 01:02:01,800
 So staff does recommend approval, because it is consistent with the – with the criteria

895
01:02:01,800 --> 01:02:04,040
 for approval, as well as Denton Plan 2030.

896
01:02:04,040 --> 01:02:10,120
 We do have some conditions that we're recommending, one, that the landscaping in the attached

897
01:02:10,120 --> 01:02:16,880
 plan, it is intended to comply with the Denton Development Code in terms of all of the elements

898
01:02:16,880 --> 01:02:22,240
 associated with that, things like parking lot landscaping, street trees, minimum landscape

899
01:02:22,240 --> 01:02:24,200
 and canopy areas and buffers.

900
01:02:24,200 --> 01:02:29,440
 However, there could be minor modifications associated with just individual plantings,

901
01:02:29,440 --> 01:02:35,960
 maybe availability at the nurseries, final plant selections, maybe plants might have

902
01:02:35,960 --> 01:02:41,120
 to shift for a reason as they're moving forward development.

903
01:02:41,120 --> 01:02:45,880
 So that would be the first condition, that it would allow some minor modifications to

904
01:02:45,880 --> 01:02:51,040
 that landscaping, not with the overall landscaping, but just those – maybe where a plant would

905
01:02:51,040 --> 01:02:56,000
 be planted or those individual plant selections.

906
01:02:56,000 --> 01:02:59,980
 The zoning map, if this is approved, would be changed to reflect that a specific use

907
01:02:59,980 --> 01:03:04,360
 permit has been approved on the site.

908
01:03:04,360 --> 01:03:09,640
 And then, notwithstanding the limited approval for landscaping in number one, we would reserve

909
01:03:09,640 --> 01:03:14,400
 the right to require approval of any other amendments to the SUP.

910
01:03:14,400 --> 01:03:20,640
 Furthermore, we always like to kind of spell out some of the elements associated with that

911
01:03:20,640 --> 01:03:22,640
 SUP in text form.

912
01:03:22,640 --> 01:03:27,680
 The site plan and landscape plan and those conceptual elevations will be attached to

913
01:03:27,680 --> 01:03:28,680
 the ordinance.

914
01:03:28,680 --> 01:03:31,880
 So if it's approved, they would be required to comply with that.

915
01:03:31,880 --> 01:03:38,480
 But we also like to follow that up with some text, and that is just that the 48 one-bedroom

916
01:03:38,480 --> 01:03:44,720
 units and 16 two-bedroom units in those three two-story buildings would be – are as part

917
01:03:44,720 --> 01:03:46,600
 of that approval.

918
01:03:46,600 --> 01:03:54,120
 The 101 parking spaces, that central open-air area, the solid waste containers 149 feet

919
01:03:54,120 --> 01:03:58,080
 from the nearest adjacent lot, and that those buildings would be designed with the pitch

920
01:03:58,080 --> 01:04:02,440
 roofs, those porches and awnings, those things that correspond to the architectural character

921
01:04:02,440 --> 01:04:03,720
 of the area.

922
01:04:03,720 --> 01:04:09,040
 Our recommendation does have a provision that staff would have the ability to approve increases

923
01:04:09,040 --> 01:04:15,080
 up to and including 5 percent of any of the amounts in requirements one and two, provided

924
01:04:15,080 --> 01:04:17,660
 that they met all DDC requirements.

925
01:04:17,660 --> 01:04:22,200
 Anything greater than 5 percent would require a new SUP approval.

926
01:04:22,200 --> 01:04:26,360
 And with that, I conclude my presentation.

927
01:04:26,360 --> 01:04:27,440
 Thank you very much, Julie.

928
01:04:27,440 --> 01:04:28,440
 Commissioner Smith?

929
01:04:28,440 --> 01:04:31,960
 Julie, was there any changes in the recommendation from the last SUP?

930
01:04:31,960 --> 01:04:34,600
 I saw the SUP the first time we approved it.

931
01:04:34,600 --> 01:04:38,000
 Is there anything different from the last time until now?

932
01:04:38,000 --> 01:04:43,220
 So there were – and I talked with Commissioner Ellis about this.

933
01:04:43,220 --> 01:04:49,880
 There were some slightly different conditions with the previous one, and I'm pulling up

934
01:04:49,880 --> 01:04:57,960
 my – that ordinance.

935
01:04:57,960 --> 01:05:02,560
 What we've really done is within the site plan and the landscape plan, we sort of baked

936
01:05:02,560 --> 01:05:06,880
 in those conditions that were on the previous ordinance.

937
01:05:06,880 --> 01:05:11,080
 So let me get there, sorry.

938
01:05:11,080 --> 01:05:13,700
 One had to do with tree preservation.

939
01:05:13,700 --> 01:05:19,320
 That was – the original SUP was reviewed under our previous tree code.

940
01:05:19,320 --> 01:05:21,840
 Since then, we've adopted a new tree code.

941
01:05:21,840 --> 01:05:28,160
 So that previous condition that said they had to preserve the protected trees – the

942
01:05:28,160 --> 01:05:32,160
 old code didn't require preservation of those protected trees.

943
01:05:32,160 --> 01:05:34,800
 Our new code does require minimum preservation for that.

944
01:05:34,800 --> 01:05:45,040
 So those are just some of those elements that have been brought in to that.

945
01:05:45,040 --> 01:05:46,040
 That's fine.

946
01:05:46,040 --> 01:05:47,040
 Thank you.

947
01:05:47,040 --> 01:05:48,040
 You bet.

948
01:05:48,040 --> 01:05:49,040
 Commissioner Beck?

949
01:05:49,040 --> 01:05:51,760
 Thank you, Chair.

950
01:05:51,760 --> 01:05:59,340
 I think this is a cute little infill area, but can you educate me about projected growth

951
01:05:59,340 --> 01:06:00,340
 patterns along Mingo?

952
01:06:00,340 --> 01:06:05,900
 I mean, I live up in D2, and that's – Mingo is a trial.

953
01:06:05,900 --> 01:06:08,440
 It's not secondary arterial, as you said.

954
01:06:08,440 --> 01:06:10,540
 So what are our plans for that?

955
01:06:10,540 --> 01:06:15,960
 Because it seems like we're – I'm concerned about pedestrian and vehicular access right

956
01:06:15,960 --> 01:06:18,960
 there.

957
01:06:18,960 --> 01:06:23,720
 I used to bike down there, and I don't do it anymore because it's dangerous.

958
01:06:23,720 --> 01:06:29,160
 So it's – can you walk me – get me over those concerns a little bit?

959
01:06:29,160 --> 01:06:35,040
 So I did check with engineering regarding any planned improvements for Mingo Road.

960
01:06:35,040 --> 01:06:37,840
 Right now, there aren't any.

961
01:06:37,840 --> 01:06:45,400
 So right now, it's sort of reliant upon development or redevelopment of the site of the area along

962
01:06:45,400 --> 01:06:48,880
 Mingo Road that would get some of those pedestrian facilities.

963
01:06:48,880 --> 01:06:55,000
 So as projects like this one come in, they would be required to put in the sidewalk,

964
01:06:55,000 --> 01:06:59,640
 which would just allow that facility to be completed.

965
01:06:59,640 --> 01:07:05,520
 So right now, there aren't any changes to expand that.

966
01:07:05,520 --> 01:07:09,640
 But there are some parcels that haven't been developed along Mingo Road.

967
01:07:09,640 --> 01:07:13,720
 So as those do develop, there would be requirements for sidewalks.

968
01:07:13,720 --> 01:07:19,200
 And as I understand, Julie, we can't touch the south side because that's railway easement.

969
01:07:19,200 --> 01:07:20,680
 Is that correct?

970
01:07:20,680 --> 01:07:21,680
 You are correct.

971
01:07:21,680 --> 01:07:23,840
 So really, any improvements to Mingo?

972
01:07:23,840 --> 01:07:32,200
 There may be some minimal right of way on that side, but, yes, the majority of improvements

973
01:07:32,200 --> 01:07:36,640
 to Mingo Road would have to come from the north side.

974
01:07:36,640 --> 01:07:37,920
 Okay.

975
01:07:37,920 --> 01:07:38,920
 And one last question.

976
01:07:38,920 --> 01:07:42,800
 Did I read it, "Zone for Hodge"?

977
01:07:42,800 --> 01:07:46,960
 Is that what I read in the documents?

978
01:07:46,960 --> 01:07:47,960
 Zone for –

979
01:07:47,960 --> 01:07:48,960
 Element 3.

980
01:07:48,960 --> 01:07:49,960
 For the elementary school?

981
01:07:49,960 --> 01:07:50,960
 Oh, yes.

982
01:07:50,960 --> 01:07:53,560
 That seems insane, but okay.

983
01:07:53,560 --> 01:07:58,480
 I will tell you, I checked that today again because I was like, are you sure?

984
01:07:58,480 --> 01:08:09,680
 But yes, there is a – almost like a figure eight pattern that nips this lot and the surrounding

985
01:08:09,680 --> 01:08:11,800
 subdivision into Hodge.

986
01:08:11,800 --> 01:08:16,760
 Now Denton ISD could – you know, they're always looking at their attendance zone.

987
01:08:16,760 --> 01:08:20,840
 So that could change as more development comes on that side of town.

988
01:08:20,840 --> 01:08:25,400
 But yes, I was a little shocked by that as well.

989
01:08:25,400 --> 01:08:26,400
 Thank you, Julie.

990
01:08:26,400 --> 01:08:27,400
 Appreciate it.

991
01:08:27,400 --> 01:08:28,400
 Bet.

992
01:08:28,400 --> 01:08:31,200
 Any other questions for Julie on this item?

993
01:08:31,200 --> 01:08:36,300
 Hey, Julie, what mandates the two points of entry for fire?

994
01:08:36,300 --> 01:08:37,600
 This one only has one.

995
01:08:37,600 --> 01:08:42,240
 Some – it seems like we require two entry points for emergency access.

996
01:08:42,240 --> 01:08:46,240
 How did this one escape by that one, that requirement?

997
01:08:46,240 --> 01:08:50,440
 It may be because it is on Mingo, so they could fight that fire.

998
01:08:50,440 --> 01:08:55,200
 It would be dependent upon how close they can get for that hose lay.

999
01:08:55,200 --> 01:09:02,120
 So I believe for two points for multifamily – and I can check on this – it's required

1000
01:09:02,120 --> 01:09:03,920
 for over 100 units.

1001
01:09:03,920 --> 01:09:04,920
 Okay.

1002
01:09:04,920 --> 01:09:07,520
 I'll check on – I can check on that.

1003
01:09:07,520 --> 01:09:08,520
 That would be helpful.

1004
01:09:08,520 --> 01:09:12,840
 I'm sure it's right, but just to double check would be – would appease me.

1005
01:09:12,840 --> 01:09:15,680
 Thank you.

1006
01:09:15,680 --> 01:09:19,160
 Any other items for Julie on this?

1007
01:09:19,160 --> 01:09:21,420
 Okay, fantastic.

1008
01:09:21,420 --> 01:09:24,840
 With that, we will close our work session meeting at 635.

1009
01:09:24,840 --> 01:09:32,160
 We'll take a five-minute recess, be back here at 630 – did I say 531?

1010
01:09:32,160 --> 01:09:33,560
 This ends at 631.

1011
01:09:33,560 --> 01:09:37,440
 We'll be back at 636 for the public meeting.

1012
01:09:37,440 --> 01:09:38,440
 Thank you.

1013
01:09:38,440 --> 01:09:43,700
 Good evening, ladies and gentlemen, and welcome to the Planning and Zoning Commission regular

1014
01:09:43,700 --> 01:09:48,120
 meeting for Wednesday, July 22, 2020.

1015
01:09:48,120 --> 01:09:53,460
 Given that we have a quorum, I'll call this meeting to order at 641.

1016
01:09:53,460 --> 01:09:58,640
 Please let the record show that Commissioner Pernetta is absent at the start of the meeting.

1017
01:09:58,640 --> 01:10:04,880
 The first item of business is to provide a pledge of allegiance to the U.S. and Texas

1018
01:10:04,880 --> 01:10:05,880
 flag.

1019
01:10:05,880 --> 01:10:10,000
 Commissioners, if you would want to join me, you can unmute, then we'll begin.

1020
01:10:10,000 --> 01:10:15,760
 I pledge allegiance to the flag of the United States of America and to the republic for

1021
01:10:15,760 --> 01:10:27,280
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

1022
01:10:27,280 --> 01:10:28,940
 Honor the Texas flag.

1023
01:10:28,940 --> 01:10:37,080
 I pledge allegiance to the Texas, one state, under God, one and indivisible people.

1024
01:10:37,080 --> 01:10:42,120
 Next item of business is item two, the consideration of the July 8th minutes.

1025
01:10:42,120 --> 01:10:44,400
 Chair will entertain discussion or motion.

1026
01:10:44,400 --> 01:10:45,800
 Commissioner Ellis.

1027
01:10:45,800 --> 01:10:48,320
 I move approval.

1028
01:10:48,320 --> 01:10:49,600
 We have a first for approval.

1029
01:10:49,600 --> 01:10:50,600
 Commissioner Smith.

1030
01:10:50,600 --> 01:10:51,600
 Second.

1031
01:10:51,600 --> 01:10:53,320
 We have a first and a second for approval.

1032
01:10:53,320 --> 01:10:56,520
 Any discussion on the item?

1033
01:10:56,520 --> 01:11:00,200
 Seeing none, I'll call for a vote via roll call.

1034
01:11:00,200 --> 01:11:01,200
 Commissioner Beck.

1035
01:11:01,200 --> 01:11:02,200
 Aye.

1036
01:11:02,200 --> 01:11:03,320
 Commissioner Cole.

1037
01:11:03,320 --> 01:11:04,320
 Aye.

1038
01:11:04,320 --> 01:11:05,320
 Commissioner Anderson.

1039
01:11:05,320 --> 01:11:06,320
 Aye.

1040
01:11:06,320 --> 01:11:07,320
 Commissioner Smith.

1041
01:11:07,320 --> 01:11:08,320
 Aye.

1042
01:11:08,320 --> 01:11:09,320
 Commissioner Ellis.

1043
01:11:09,320 --> 01:11:10,320
 Aye.

1044
01:11:10,320 --> 01:11:13,600
 Chair is also an aye.

1045
01:11:13,600 --> 01:11:14,960
 Motion carries 6-0.

1046
01:11:14,960 --> 01:11:21,600
 Next item for business is item 3A, it's our individual consideration section.

1047
01:11:21,600 --> 01:11:28,400
 This item is being recommended for denial, but the applicant has requested a 30-day extension.

1048
01:11:28,400 --> 01:11:36,000
 Is there any questions for Ron on this item or the chair will entertain a motion.

1049
01:11:36,000 --> 01:11:37,640
 Commissioner Smith.

1050
01:11:37,640 --> 01:11:42,480
 Make a motion to approve an extension for 30 days to date certain, or do you mean to

1051
01:11:42,480 --> 01:11:43,480
 give a date?

1052
01:11:43,480 --> 01:11:44,480
 Today is August 19th.

1053
01:11:44,480 --> 01:11:47,660
 Today is August 19th.

1054
01:11:47,660 --> 01:11:51,000
 We have a first for approval.

1055
01:11:51,000 --> 01:11:52,000
 Commissioner Cole.

1056
01:11:52,000 --> 01:11:53,000
 Second.

1057
01:11:53,000 --> 01:11:55,800
 We have a first and a second for approval.

1058
01:11:55,800 --> 01:11:58,320
 Any discussion on the item?

1059
01:11:58,320 --> 01:11:59,320
 Commissioner Beck.

1060
01:11:59,320 --> 01:12:01,800
 Thank you, chair.

1061
01:12:01,800 --> 01:12:10,320
 So the rationale for the denial was as stated in our backup, whose was this?

1062
01:12:10,320 --> 01:12:11,920
 This was Ron's.

1063
01:12:11,920 --> 01:12:14,680
 Is there, again, I guess this is a similar question.

1064
01:12:14,680 --> 01:12:26,120
 Is there belief that this extension would be sufficient time to resolve the issues?

1065
01:12:26,120 --> 01:12:27,120
 Is Ron...

1066
01:12:27,120 --> 01:12:31,400
 Julie or Richard or whoever can answer the...

1067
01:12:31,400 --> 01:12:32,400
 Ron is on the call.

1068
01:12:32,400 --> 01:12:33,400
 I'll allow Ron.

1069
01:12:33,400 --> 01:12:34,400
 Can everyone hear me?

1070
01:12:34,400 --> 01:12:35,400
 Yeah, there you are.

1071
01:12:35,400 --> 01:12:36,400
 Hi.

1072
01:12:36,400 --> 01:12:37,400
 Good afternoon, everyone.

1073
01:12:37,400 --> 01:12:41,480
 Long time, no talk.

1074
01:12:41,480 --> 01:12:46,160
 The applicant is finishing up some of the comments and primarily related to drainage

1075
01:12:46,160 --> 01:12:48,360
 issues, which they're very close.

1076
01:12:48,360 --> 01:12:53,800
 And then the other outstanding comment is related to the gas well, which we're working through

1077
01:12:53,800 --> 01:12:54,800
 that as well.

1078
01:12:54,800 --> 01:12:59,360
 So, yes, I believe that they will be able to accomplish this within the 30 day time

1079
01:12:59,360 --> 01:13:00,360
 limit.

1080
01:13:00,360 --> 01:13:01,360
 All right.

1081
01:13:01,360 --> 01:13:02,360
 Thank you, Ron.

1082
01:13:02,360 --> 01:13:03,360
 You're welcome.

1083
01:13:03,360 --> 01:13:07,040
 Any other discussion on this item?

1084
01:13:07,040 --> 01:13:11,720
 Just for the record, for this item, we had two people make comments using the online form.

1085
01:13:11,720 --> 01:13:15,400
 There was zero in support for this item and two against.

1086
01:13:15,400 --> 01:13:20,160
 All of these comment forms were emailed to the commissioners and our city secretary to

1087
01:13:20,160 --> 01:13:21,300
 be recorded.

1088
01:13:21,300 --> 01:13:26,800
 For those who are opposed to this item, this will be coming back on August 19th.

1089
01:13:26,800 --> 01:13:34,320
 So please join us when we will look to make a motion of approval or denial on this item.

1090
01:13:34,320 --> 01:13:35,320
 There's no other discussion.

1091
01:13:35,320 --> 01:13:40,360
 I will go ahead and take a vote via roll call to postpone this item to a date certain of

1092
01:13:40,360 --> 01:13:41,360
 August 19th.

1093
01:13:41,360 --> 01:13:42,360
 Commissioner Beck.

1094
01:13:42,360 --> 01:13:43,360
 Aye.

1095
01:13:43,360 --> 01:13:44,360
 Commissioner Cole.

1096
01:13:44,360 --> 01:13:45,360
 Aye.

1097
01:13:45,360 --> 01:13:46,360
 Commissioner Anderson.

1098
01:13:46,360 --> 01:13:47,360
 Aye.

1099
01:13:47,360 --> 01:13:48,360
 Commissioner Smith.

1100
01:13:48,360 --> 01:13:49,360
 Aye.

1101
01:13:49,360 --> 01:13:50,360
 Commissioner Ellis.

1102
01:13:50,360 --> 01:13:51,360
 Aye.

1103
01:13:51,360 --> 01:13:52,360
 Chair is also an aye.

1104
01:13:52,360 --> 01:13:53,360
 Motion carries 6-0.

1105
01:13:53,360 --> 01:13:54,520
 Next item of business is item 3B, FR20-0007.

1106
01:13:54,520 --> 01:14:09,360
 This item staff is also recommending denial and the applicant has also requested a 30-day

1107
01:14:09,360 --> 01:14:13,520
 extension to a date certain of August 19th.

1108
01:14:13,520 --> 01:14:15,080
 Chair will entertain a motion or discussion.

1109
01:14:15,080 --> 01:14:16,760
 Commissioner Smith.

1110
01:14:16,760 --> 01:14:20,920
 Make a motion to approve the extension to date certain of August 19th.

1111
01:14:20,920 --> 01:14:25,500
 We have a motion to extend or postpone to date certain.

1112
01:14:25,500 --> 01:14:26,500
 Commissioner Cole.

1113
01:14:26,500 --> 01:14:27,500
 Second.

1114
01:14:27,500 --> 01:14:33,560
 We have a first and a second to postpone this item extended to August 19th.

1115
01:14:33,560 --> 01:14:38,620
 Is there any discussion on this item?

1116
01:14:38,620 --> 01:14:42,400
 Seeing none, I will make a call for a vote via roll call.

1117
01:14:42,400 --> 01:14:43,400
 Commissioner Beck.

1118
01:14:43,400 --> 01:14:44,400
 Aye.

1119
01:14:44,400 --> 01:14:45,400
 Commissioner Cole.

1120
01:14:45,400 --> 01:14:46,400
 Aye.

1121
01:14:46,400 --> 01:14:47,400
 Commissioner Anderson.

1122
01:14:47,400 --> 01:14:48,400
 Aye.

1123
01:14:48,400 --> 01:14:49,400
 Commissioner Smith.

1124
01:14:49,400 --> 01:14:50,400
 Aye.

1125
01:14:50,400 --> 01:14:51,400
 Commissioner Ellis.

1126
01:14:51,400 --> 01:14:52,400
 Aye.

1127
01:14:52,400 --> 01:14:53,680
 Chair is also an aye.

1128
01:14:53,680 --> 01:14:55,940
 Motion carries 6-0.

1129
01:14:55,940 --> 01:15:00,400
 The next item of business is item 4A.

1130
01:15:00,400 --> 01:15:07,120
 This item is EASA 20-0003A.

1131
01:15:07,120 --> 01:15:11,880
 This item staff is requesting to postpone this item until August 5th.

1132
01:15:11,880 --> 01:15:17,720
 I will go ahead and open the public hearing and look for Commissioner to make the motion.

1133
01:15:17,720 --> 01:15:18,720
 Commissioner Smith.

1134
01:15:18,720 --> 01:15:22,440
 I will make a motion to postpone date certain of August 5th.

1135
01:15:22,440 --> 01:15:25,840
 We have a first for postponement to August 5th.

1136
01:15:25,840 --> 01:15:26,840
 Commissioner Anderson.

1137
01:15:26,840 --> 01:15:27,840
 I second the motion.

1138
01:15:27,840 --> 01:15:33,520
 We have a first and a second to postpone this item date certain of August 5th.

1139
01:15:33,520 --> 01:15:40,160
 Is there any discussion on this?

1140
01:15:40,160 --> 01:15:43,160
 We do have an individual wanting to speak on this item.

1141
01:15:43,160 --> 01:15:48,400
 Since there was no presentation and it's being postponed, I will ask the individual to come

1142
01:15:48,400 --> 01:15:54,360
 back on August 5th to engage in the discussion at that time once there's been a full presentation

1143
01:15:54,360 --> 01:15:58,160
 and we can engage with your thoughts on the item.

1144
01:15:58,160 --> 01:16:00,160
 Commissioner Beck.

1145
01:16:00,160 --> 01:16:10,040
 Just as a confusion on order, don't we have to finish the open hearing and then vote?

1146
01:16:10,040 --> 01:16:16,340
 I'm confused by the order that we're doing these things and I don't think it makes any

1147
01:16:16,340 --> 01:16:17,340
 practical difference.

1148
01:16:17,340 --> 01:16:20,320
 I'm just trying to follow the right procedure.

1149
01:16:20,320 --> 01:16:23,320
 I went ahead and opened the public hearing so we could extend the public hearing which

1150
01:16:23,320 --> 01:16:28,680
 would prevent us having to re-notice this item.

1151
01:16:28,680 --> 01:16:29,880
 The public hearing remains open.

1152
01:16:29,880 --> 01:16:31,520
 I'm not closing the public hearing.

1153
01:16:31,520 --> 01:16:37,000
 It will remain open until August 5th if the vote goes forward.

1154
01:16:37,000 --> 01:16:38,000
 Okay.

1155
01:16:38,000 --> 01:16:41,520
 Thank you, Chair.

1156
01:16:41,520 --> 01:16:46,000
 With that, we did have a first from Commissioner Smith and a second from Commissioner Anderson.

1157
01:16:46,000 --> 01:16:47,000
 Any discussion?

1158
01:16:47,000 --> 01:16:48,000
 All right.

1159
01:16:48,000 --> 01:16:53,040
 Seeing none, I will call for a vote via roll call.

1160
01:16:53,040 --> 01:16:54,040
 Commissioner Beck.

1161
01:16:54,040 --> 01:16:55,040
 Aye.

1162
01:16:55,040 --> 01:16:56,040
 Commissioner Cole.

1163
01:16:56,040 --> 01:16:57,040
 Aye.

1164
01:16:57,040 --> 01:16:58,040
 Commissioner Anderson.

1165
01:16:58,040 --> 01:16:59,040
 Aye.

1166
01:16:59,040 --> 01:17:00,040
 Commissioner Smith.

1167
01:17:00,040 --> 01:17:01,040
 Aye.

1168
01:17:01,040 --> 01:17:02,040
 Commissioner Ellis.

1169
01:17:02,040 --> 01:17:03,040
 Aye.

1170
01:17:03,040 --> 01:17:05,080
 Chair, there's also an aye.

1171
01:17:05,080 --> 01:17:06,320
 Motion is approved.

1172
01:17:06,320 --> 01:17:09,320
 This item will come back to P&Z on August 5th.

1173
01:17:09,320 --> 01:17:13,800
 Anyone wishing to speak on this item, I certainly invite you back on August 5th to engage with

1174
01:17:13,800 --> 01:17:14,800
 that discussion.

1175
01:17:14,800 --> 01:17:20,800
 The next item of business is item 4B, S19-0013.

1176
01:17:20,800 --> 01:17:25,440
 This is an item presented by Julie Wyatt, and she has the floor.

1177
01:17:25,440 --> 01:17:26,440
 All right.

1178
01:17:26,440 --> 01:17:27,440
 Good evening.

1179
01:17:27,440 --> 01:17:33,040
 I'm Julie Wyatt, senior planner with the City of Denton, and I'm pulling up my presentation.

1180
01:17:33,040 --> 01:17:36,640
 Julie, as you pull up the presentation, I just want to go ahead and open the public

1181
01:17:36,640 --> 01:17:37,640
 hearing formally.

1182
01:17:37,640 --> 01:17:39,640
 Thank you.

1183
01:17:39,640 --> 01:17:41,440
 All right.

1184
01:17:41,440 --> 01:17:47,640
 So this is S19-0013, Mingo Road Apartments.

1185
01:17:47,640 --> 01:17:52,560
 The request before you is for a specific use permit to permit multifamily dwellings.

1186
01:17:52,560 --> 01:17:54,920
 The subject property is approximately four acres.

1187
01:17:54,920 --> 01:17:59,800
 It's located on the north side of Mingo Road, outlined there in yellow.

1188
01:17:59,800 --> 01:18:06,020
 It does have an R7 zoning designation, which does require an SUP for multifamily developments.

1189
01:18:06,020 --> 01:18:08,360
 There was a previous SUP approved for the site.

1190
01:18:08,360 --> 01:18:15,160
 However, it expired earlier this year, so they are coming back with a revised plan.

1191
01:18:15,160 --> 01:18:20,280
 We'll start out just talking about the 2017 site plan.

1192
01:18:20,280 --> 01:18:26,560
 It included three two-story buildings with 48 two-bedroom units, a looped drive aisle

1193
01:18:26,560 --> 01:18:33,880
 with parking spaces distributed along that drive aisle, dumpsters located with a setback

1194
01:18:33,880 --> 01:18:40,540
 of about 149 feet from the northern residential lots, and vehicular access was to Mingo Road

1195
01:18:40,540 --> 01:18:42,280
 only.

1196
01:18:42,280 --> 01:18:44,920
 The current plan is very similar to that.

1197
01:18:44,920 --> 01:18:47,640
 There are some changes to the project.

1198
01:18:47,640 --> 01:18:50,040
 I just want to talk about those briefly.

1199
01:18:50,040 --> 01:18:52,640
 They are still proposing three two-story buildings.

1200
01:18:52,640 --> 01:18:55,080
 However, they have modified that mix.

1201
01:18:55,080 --> 01:19:02,240
 Forty-eight one-bedroom units would be included in that, as well as 16 two-bedroom units.

1202
01:19:02,240 --> 01:19:06,600
 The setbacks from the adjacent properties, both for the buildings and the dumpsters,

1203
01:19:06,600 --> 01:19:09,040
 would remain the same.

1204
01:19:09,040 --> 01:19:15,720
 The parking spaces have increased, not only because of the modification to the unit mixes,

1205
01:19:15,720 --> 01:19:22,680
 but also because the City of Denton has modified their minimum parking standards for multifamily

1206
01:19:22,680 --> 01:19:23,680
 development.

1207
01:19:23,680 --> 01:19:27,560
 Once again, but those are oriented to minimize those lights on adjacent properties and to

1208
01:19:27,560 --> 01:19:31,760
 sort of break up the parking area.

1209
01:19:31,760 --> 01:19:34,120
 The landscape plan is shown here.

1210
01:19:34,120 --> 01:19:41,680
 It includes a central open area to accommodate some nice trees on the site.

1211
01:19:41,680 --> 01:19:47,400
 It's about 13,000 square feet, and just to kind of give you a sampling of what trees

1212
01:19:47,400 --> 01:19:54,280
 are on that site, there's a 36-inch post oak, a 29-inch pecan, and a 30-inch post oak.

1213
01:19:54,280 --> 01:19:58,720
 There's also a buffer on the north and east property line that does meet the Denton Development

1214
01:19:58,720 --> 01:20:04,320
 Code requirements, and that includes a wood fence, three ornamental trees every 25 feet,

1215
01:20:04,320 --> 01:20:08,400
 and also additional tree preservation within that buffer area.

1216
01:20:08,400 --> 01:20:17,960
 There's landscaping at the right of way to enhance the front portion of the site, and

1217
01:20:17,960 --> 01:20:24,400
 that includes a berm, a hedge along that berm, as well as street trees along Bingo.

1218
01:20:24,400 --> 01:20:32,400
 Also wanted to point out, there is pedestrian improvements proposed along Bingo Road, a

1219
01:20:32,400 --> 01:20:43,560
 sidewalk along the frontage, as well as walkways connecting to the front door of those units.

1220
01:20:43,560 --> 01:20:51,200
 Here's the concept elevation, and this is that front unit that will be the most prominent

1221
01:20:51,200 --> 01:20:52,200
 building on the site.

1222
01:20:52,200 --> 01:20:57,040
 It will be adjacent to Bingo Road, and you can see it does have a residential character

1223
01:20:57,040 --> 01:20:58,040
 to it.

1224
01:20:58,040 --> 01:21:10,440
 It does have that two-story, so to limit that height, it has a pitched roof as well as awnings

1225
01:21:10,440 --> 01:21:14,880
 to cover those front porches, those doors that lead out to the front of the property.

1226
01:21:14,880 --> 01:21:21,400
 So it is consistent with the architectural character of the surrounding area.

1227
01:21:21,400 --> 01:21:25,160
 When we look at an SUP, we not only look at the specific site, so we want to make sure

1228
01:21:25,160 --> 01:21:29,860
 that site complies with the Denton Development Code, but we also want to look at the surrounding

1229
01:21:29,860 --> 01:21:35,200
 area, because part of the criteria for approval of an SUP is, is it compatible with what is

1230
01:21:35,200 --> 01:21:43,200
 existing out there, and are there things that are important to that site plan to ensure

1231
01:21:43,200 --> 01:21:45,440
 compatibility with the surrounding area.

1232
01:21:45,440 --> 01:21:52,640
 So in this case, it's a primarily residential area, it's mostly developed around it, so

1233
01:21:52,640 --> 01:21:54,800
 this is an infill lot.

1234
01:21:54,800 --> 01:22:00,760
 There is single-family residential to the north, south, and east of the site.

1235
01:22:00,760 --> 01:22:04,120
 And then there's an age-restricted multi-family to the west.

1236
01:22:04,120 --> 01:22:09,560
 There's also a park, a city park, just to the north, that is Sequoia Park, and it is

1237
01:22:09,560 --> 01:22:14,760
 about a quarter of a mile walking distance from the subject property, so it does meet

1238
01:22:14,760 --> 01:22:20,520
 our standard for a 10-minute walk to a park that we try to achieve within the city of

1239
01:22:20,520 --> 01:22:21,520
 Denton.

1240
01:22:21,520 --> 01:22:26,160
 Mingo Road is a secondary arterial within the city.

1241
01:22:26,160 --> 01:22:30,560
 We have criteria for approval for specific use permits.

1242
01:22:30,560 --> 01:22:35,480
 It's in SUP Chapter 2 of the Denton Development Code, and there are general and specific criteria

1243
01:22:35,480 --> 01:22:36,980
 for approval.

1244
01:22:36,980 --> 01:22:39,280
 What we're going to do is just talk through these.

1245
01:22:39,280 --> 01:22:44,300
 By staff's analysis, the proposal does meet both the general and specific, so we'll talk

1246
01:22:44,300 --> 01:22:51,620
 through these and pick out those elements that are most relevant to this site.

1247
01:22:51,620 --> 01:22:56,520
 So first, and importantly, compatibility with the surrounding area.

1248
01:22:56,520 --> 01:23:01,000
 So this is a residential use, and activities associated with it would be residential in

1249
01:23:01,000 --> 01:23:06,040
 nature, and that is consistent with what is out there.

1250
01:23:06,040 --> 01:23:12,640
 It is a residential area, so this use is consistent with and compatible with the surrounding property.

1251
01:23:12,640 --> 01:23:18,440
 And further, the way the site is designed increases the compatibility with the surrounding

1252
01:23:18,440 --> 01:23:20,240
 properties.

1253
01:23:20,240 --> 01:23:25,320
 There's the maximum two-story buildings, those increased setbacks adjacent to the residential

1254
01:23:25,320 --> 01:23:31,820
 areas, not only for the building, but also for the solid waste enclosures.

1255
01:23:31,820 --> 01:23:35,840
 That central open space is an amenity and a focal point for the development, which is

1256
01:23:35,840 --> 01:23:39,740
 consistent with what you typically see in residential areas.

1257
01:23:39,740 --> 01:23:47,400
 Visual access is provided to minimize impacts to the surrounding property as it only goes

1258
01:23:47,400 --> 01:23:51,000
 out, only connects to Mingo Road.

1259
01:23:51,000 --> 01:23:55,080
 That parking lot, the way it's designed, minimizes those visual impacts.

1260
01:23:55,080 --> 01:24:00,160
 You don't have a large swath of uninterrupted pavement.

1261
01:24:00,160 --> 01:24:04,320
 It's kind of sprinkled in that open space area.

1262
01:24:04,320 --> 01:24:08,680
 And then it does have those buffers, and that reduces the potential for light and noise

1263
01:24:08,680 --> 01:24:11,680
 to adjacent properties.

1264
01:24:11,680 --> 01:24:13,760
 We also look at the Denton Plan 2030.

1265
01:24:13,760 --> 01:24:18,000
 The site is designated as neighborhood university compatibility area.

1266
01:24:18,000 --> 01:24:20,800
 These are really intended to be transitional areas.

1267
01:24:20,800 --> 01:24:27,560
 As you move from those nodes of high activity at the university areas toward residential

1268
01:24:27,560 --> 01:24:37,640
 areas, you want those uses to be sensitive to that context, but also provide that necessary

1269
01:24:37,640 --> 01:24:42,200
 housing that we need to see near our university areas.

1270
01:24:42,200 --> 01:24:44,720
 And this is consistent with that.

1271
01:24:44,720 --> 01:24:51,000
 The use is kind of what we want to see within these compatibility areas.

1272
01:24:51,000 --> 01:24:57,380
 And then furthermore, those site design considerations with the two-story limit and the setbacks

1273
01:24:57,380 --> 01:25:02,600
 and open space provide that compatibility piece to it.

1274
01:25:02,600 --> 01:25:04,480
 And it's also an infill site.

1275
01:25:04,480 --> 01:25:13,240
 So it's on an existing roadway with the existing infrastructure in place.

1276
01:25:13,240 --> 01:25:20,720
 We also look at impacts related to traffic, emergency services, utilities, parking, refuse,

1277
01:25:20,720 --> 01:25:23,880
 noise, glare, and odor, and how those have been mitigated.

1278
01:25:23,880 --> 01:25:25,800
 So we'll just talk about each of those briefly.

1279
01:25:25,800 --> 01:25:33,580
 So first of all, in terms of transportation, the trip generation analysis determined that

1280
01:25:33,580 --> 01:25:38,120
 about 468 trips would be generated per 24-hour weekday.

1281
01:25:38,120 --> 01:25:42,800
 That would be 36 morning and then 43 evening trips.

1282
01:25:42,800 --> 01:25:47,680
 This is also located on a transit line, so about 500 feet.

1283
01:25:47,680 --> 01:25:52,240
 So I've provided a measurement here from this corner to the bus stop.

1284
01:25:52,240 --> 01:25:54,080
 It's about 500 feet.

1285
01:25:54,080 --> 01:26:00,020
 And so it definitely encourages those alternate modes of transportation for the site.

1286
01:26:00,020 --> 01:26:05,280
 And then furthermore, pedestrian improvements, there is a sidewalk on the adjacent property.

1287
01:26:05,280 --> 01:26:08,080
 It was developed about, I think, 20 years ago.

1288
01:26:08,080 --> 01:26:12,240
 And so they did include a sidewalk along Mingo Road.

1289
01:26:12,240 --> 01:26:14,920
 When this site develops, a sidewalk will also be required.

1290
01:26:14,920 --> 01:26:19,520
 So it'll tie into that existing facility and allow the residents to have an improved

1291
01:26:19,520 --> 01:26:24,840
 walkway to that transit stop.

1292
01:26:24,840 --> 01:26:28,720
 Water and wastewater are available to the site, so there wouldn't be any extensions

1293
01:26:28,720 --> 01:26:33,960
 required and there is capacity in the system to accommodate the proposal.

1294
01:26:33,960 --> 01:26:39,320
 Fire station number one is 1.3 miles from the site.

1295
01:26:39,320 --> 01:26:44,160
 And the parking and refuse, I know we've talked about that solid waste enclosure location,

1296
01:26:44,160 --> 01:26:51,120
 but that has been, that setback for that solid waste enclosure, as well as the setbacks or

1297
01:26:51,120 --> 01:27:01,160
 as well as the other, the setback for the building do ensure that that increases that

1298
01:27:01,160 --> 01:27:08,640
 compatibility and mitigates any odor for those solid waste from the adjacent residential.

1299
01:27:08,640 --> 01:27:12,760
 Additionally, the parking areas have been designed to minimize those impacts to the

1300
01:27:12,760 --> 01:27:16,040
 adjacent residential properties.

1301
01:27:16,040 --> 01:27:21,820
 Public outreach was completed in accordance with the Denton Development Code.

1302
01:27:21,820 --> 01:27:28,600
 We have not received any responses related to that notification.

1303
01:27:28,600 --> 01:27:33,440
 The applicant did have a public meeting for nearby residents did attend.

1304
01:27:33,440 --> 01:27:39,360
 They did talk about the things like the buffers and the previous site plan and how this current

1305
01:27:39,360 --> 01:27:42,840
 site plan relates to what was previously approved.

1306
01:27:42,840 --> 01:27:48,040
 And so they did provide that neighborhood outreach.

1307
01:27:48,040 --> 01:27:53,240
 So staff does recommend approval as it is consistent with the Denton Plan 2030, as well

1308
01:27:53,240 --> 01:27:54,980
 as the criteria for approval.

1309
01:27:54,980 --> 01:27:57,880
 We do have three conditions.

1310
01:27:57,880 --> 01:28:03,520
 One that the attached landscape, landscaping the attached concept plan reflects the intent

1311
01:28:03,520 --> 01:28:08,440
 to comply with the 2019 Denton Development Code requirements for parking, street trees,

1312
01:28:08,440 --> 01:28:13,560
 minimum landscaping, canopy areas and compatibility buffers.

1313
01:28:13,560 --> 01:28:17,800
 Minor alterations to the depicted locations of the individual plantings or that final

1314
01:28:17,800 --> 01:28:24,520
 plant selection may be approved by city staff provided that the final landscaping is planned

1315
01:28:24,520 --> 01:28:32,600
 and complies with the attached plan and all of the elements of the 2019 DDC.

1316
01:28:32,600 --> 01:28:36,920
 The zoning map, if this is approved, would be modified to reflect that an SUP for the

1317
01:28:36,920 --> 01:28:39,620
 property has been approved.

1318
01:28:39,620 --> 01:28:43,800
 And then notwithstanding the limited approval in condition one, the city does reserve the

1319
01:28:43,800 --> 01:28:48,600
 right to require any changes to be approved by ordinance.

1320
01:28:48,600 --> 01:28:56,320
 Furthermore, we do like to provide some specificity to those site plans.

1321
01:28:56,320 --> 01:29:00,800
 So the site plan landscape plan and that conceptual elevation will be attached to the ordinance

1322
01:29:00,800 --> 01:29:06,200
 and the applicant will have to comply with that as they develop the site in order to

1323
01:29:06,200 --> 01:29:08,520
 make sure that it's very clear.

1324
01:29:08,520 --> 01:29:13,680
 We do list out some of the elements of that.

1325
01:29:13,680 --> 01:29:20,040
 And so number one, that this would approve, if it was approved, 48 one-bedroom units and

1326
01:29:20,040 --> 01:29:26,440
 16 two-bedroom units in the three two-story buildings connected by that loop drive aisle.

1327
01:29:26,440 --> 01:29:33,000
 Each building footprint would have a maximum of 7,644 square feet.

1328
01:29:33,000 --> 01:29:38,180
 They're proposing 101 parking spaces evenly distributed along that loop drive.

1329
01:29:38,180 --> 01:29:42,840
 They're proposing 13,000 square feet of that central open area as well as the solid waste

1330
01:29:42,840 --> 01:29:48,800
 containers being located 149 feet from the nearest adjacent residential lot.

1331
01:29:48,800 --> 01:29:53,000
 And the building should be designed with pitch roofs, porches and awnings to correspond with

1332
01:29:53,000 --> 01:29:54,980
 the architecture of the area.

1333
01:29:54,980 --> 01:30:02,760
 We do add in this recommendation to allow staff to have the ability to approve increases

1334
01:30:02,760 --> 01:30:09,040
 up to and including 5% of the amount specified in one and two provided that they do comply

1335
01:30:09,040 --> 01:30:12,520
 with all the 2019 debt and development co-requirements.

1336
01:30:12,520 --> 01:30:17,400
 Anything over 5% would require a new application and approval by ordinance.

1337
01:30:17,400 --> 01:30:18,840
 That concludes my presentation.

1338
01:30:18,840 --> 01:30:23,000
 The applicant hopefully is online.

1339
01:30:23,000 --> 01:30:26,480
 He does have a presentation and I'll stand for any questions.

1340
01:30:26,480 --> 01:30:28,840
 >> Thank you, Julie.

1341
01:30:28,840 --> 01:30:30,920
 Chris, you're back.

1342
01:30:30,920 --> 01:30:33,160
 >> Thank you, Chair.

1343
01:30:33,160 --> 01:30:40,640
 Julie, is the sidewalk -- is the plan for the sidewalk and that first road adjacent

1344
01:30:40,640 --> 01:30:46,120
 line of building or building -- is there sufficient easement that if a miracle were to happen

1345
01:30:46,120 --> 01:30:52,020
 and we were actually to renovate Mingo, which I don't expect to happen, but let's hope,

1346
01:30:52,020 --> 01:30:57,720
 is there sufficient easement that Mingo could be expanded given this plan?

1347
01:30:57,720 --> 01:31:01,640
 >> Mingo is challenging because it's developed over time.

1348
01:31:01,640 --> 01:31:07,000
 So there is adjacent development that some have dedicated the right-of-way sufficient

1349
01:31:07,000 --> 01:31:11,560
 to provide additional capacity in lanes within Mingo.

1350
01:31:11,560 --> 01:31:16,840
 There are other developments that are -- you know, that were built a long time ago and

1351
01:31:16,840 --> 01:31:20,280
 did not provide that right-of-way dedication.

1352
01:31:20,280 --> 01:31:26,120
 So as far as how that would move forward, I don't have information about how that would

1353
01:31:26,120 --> 01:31:29,640
 move forward in terms of expanding Mingo.

1354
01:31:29,640 --> 01:31:37,960
 >> And the sidewalk is tying to the senior facility multifamily on the west.

1355
01:31:37,960 --> 01:31:41,520
 Is it tying to the sidewalks of the residential to the east?

1356
01:31:41,520 --> 01:31:45,960
 >> There is not a sidewalk to the east of the property.

1357
01:31:45,960 --> 01:31:46,960
 So there's no sidewalk.

1358
01:31:46,960 --> 01:31:49,440
 Let me verify.

1359
01:31:49,440 --> 01:32:02,100
 But I don't believe there is a sidewalk adjacent -- and I might be -- I might misspeak here.

1360
01:32:02,100 --> 01:32:04,440
 Hold on.

1361
01:32:04,440 --> 01:32:14,040
 It's -- I don't believe there is a sidewalk to the -- on that eastern property adjacent

1362
01:32:14,040 --> 01:32:15,040
 to the lot.

1363
01:32:15,040 --> 01:32:19,340
 >> Not on the south side, but isn't there one on the orthogonal street?

1364
01:32:19,340 --> 01:32:21,640
 Maybe I'm misremembering.

1365
01:32:21,640 --> 01:32:31,360
 Anyway, if there were a sidewalk, would it be presumed to be forced to tie in?

1366
01:32:31,360 --> 01:32:34,600
 Is that how our code would -- >> Yes, we would want those to connect.

1367
01:32:34,600 --> 01:32:38,960
 If there's an adjacent sidewalk, we want them to connect.

1368
01:32:38,960 --> 01:32:39,960
 >> Thank you, Julie.

1369
01:32:39,960 --> 01:32:40,960
 >> Sure.

1370
01:32:40,960 --> 01:32:46,200
 And there is one item I forgot to mention that I believe Commissioner Roselle asked

1371
01:32:46,200 --> 01:32:47,920
 about the fire access.

1372
01:32:47,920 --> 01:32:56,800
 We did get a response from our fire reviewer, and it would require 200 units in order -- more

1373
01:32:56,800 --> 01:33:01,520
 than 200 units would require that secondary access.

1374
01:33:01,520 --> 01:33:06,720
 So that one point of access is sufficient for the number of units they're proposing.

1375
01:33:06,720 --> 01:33:07,720
 >> Great.

1376
01:33:07,720 --> 01:33:10,600
 Thank you for that update.

1377
01:33:10,600 --> 01:33:11,600
 >> Sure.

1378
01:33:11,600 --> 01:33:12,600
 >> Commissioner Ellis.

1379
01:33:12,600 --> 01:33:13,600
 >> Thank you, Chair.

1380
01:33:13,600 --> 01:33:21,520
 And Julie, just to clarify, so the originally approved SUP that has since expired had three

1381
01:33:21,520 --> 01:33:22,520
 conditions.

1382
01:33:22,520 --> 01:33:28,640
 The setbacks from the residential, the dumpster location away from the residential, and the

1383
01:33:28,640 --> 01:33:29,960
 protected trees.

1384
01:33:29,960 --> 01:33:36,000
 And so those first two are rolled in, and then our tree code takes care of that other

1385
01:33:36,000 --> 01:33:37,000
 condition?

1386
01:33:37,000 --> 01:33:38,000
 >> You are correct.

1387
01:33:38,000 --> 01:33:39,000
 >> Okay.

1388
01:33:39,000 --> 01:33:40,000
 Thank you.

1389
01:33:40,000 --> 01:33:45,320
 >> Any other questions for Julie at the moment?

1390
01:33:45,320 --> 01:33:48,480
 If not, I'll invite the applicant for their presentation.

1391
01:33:48,480 --> 01:33:51,440
 Julie, I think you're good.

1392
01:33:51,440 --> 01:33:56,960
 If we could queue up the applicant, and when the applicant goes live, can you just state

1393
01:33:56,960 --> 01:34:01,520
 your name and address for the record?

1394
01:34:01,520 --> 01:34:06,100
 >> My name is Lawrence Holdwer, and I work at Allison Engineering Group.

1395
01:34:06,100 --> 01:34:10,260
 I'm representing my client.

1396
01:34:10,260 --> 01:34:15,840
 We are proposing to redo the SUP.

1397
01:34:15,840 --> 01:34:22,480
 Like Julie said, we had an existing SUP, and we're trying to go through an extension.

1398
01:34:22,480 --> 01:34:27,120
 However, the SUPs don't go through an extension, so we applied for a new one.

1399
01:34:27,120 --> 01:34:29,360
 That's why we're here today.

1400
01:34:29,360 --> 01:34:39,040
 Going down to how do I control the slides, I don't -- can I go to the next slide, please?

1401
01:34:39,040 --> 01:34:41,280
 Thank you.

1402
01:34:41,280 --> 01:34:44,360
 The purpose of the multifamily -- I don't want to really read this whole thing to you.

1403
01:34:44,360 --> 01:34:55,960
 The purpose of the multifamily, again, is that we need to apply for a new one.

1404
01:34:55,960 --> 01:34:58,180
 We had a previous one approved.

1405
01:34:58,180 --> 01:35:05,280
 This site does comply with the new -- I'm going to call it the new code, and it does

1406
01:35:05,280 --> 01:35:12,680
 still adhere to the requirements that were placed on it for the first approval.

1407
01:35:12,680 --> 01:35:21,880
 The reason for this -- the whole reason for this new SUP in front of you today is because

1408
01:35:21,880 --> 01:35:29,800
 the developer, DLH Investments, was delayed in their construction of the plans.

1409
01:35:29,800 --> 01:35:35,920
 They were delayed because of a project, Ronnie Road Project Townhomes, that ended up having

1410
01:35:35,920 --> 01:35:38,200
 a really wet spring.

1411
01:35:38,200 --> 01:35:46,520
 They didn't want to put through engineering plans and then have permits that would expire.

1412
01:35:46,520 --> 01:35:53,920
 So instead of that route, they chose to hold off for a while, and then it just kind of

1413
01:35:53,920 --> 01:36:01,560
 cascaded from there until we are here today requesting the SUP to be renewed, but not

1414
01:36:01,560 --> 01:36:02,560
 really renewed.

1415
01:36:02,560 --> 01:36:03,560
 A new SUP.

1416
01:36:03,560 --> 01:36:07,640
 We're requesting a new SUP.

1417
01:36:07,640 --> 01:36:09,720
 And again, it has been reviewed under the new code.

1418
01:36:09,720 --> 01:36:15,720
 Next slide, please.

1419
01:36:15,720 --> 01:36:19,800
 Just like Julia had stated, we did hold a neighborhood meeting.

1420
01:36:19,800 --> 01:36:25,760
 We held old neighborhood meetings for the old -- I'm going to call the original SUP.

1421
01:36:25,760 --> 01:36:30,080
 For the original SUP, we held neighborhood meetings.

1422
01:36:30,080 --> 01:36:39,520
 The major concerns at that time was the setbacks for the buildings, which we worked through,

1423
01:36:39,520 --> 01:36:50,000
 and the residents were applicable with the location of the single-family residence -- or

1424
01:36:50,000 --> 01:36:53,920
 the multi-family residence buildings shown on the plans.

1425
01:36:53,920 --> 01:36:55,280
 They were concerned about the dumpster.

1426
01:36:55,280 --> 01:37:02,120
 We relocated the dumpster several times and finally came to a location that the neighbors

1427
01:37:02,120 --> 01:37:05,840
 were applicable to.

1428
01:37:05,840 --> 01:37:14,000
 And the site being unique for not only the location but in the area as well as the neighborhood

1429
01:37:14,000 --> 01:37:19,720
 wanted us to preserve trees, and so we tried to come up with a concept that did that.

1430
01:37:19,720 --> 01:37:24,600
 So that was what we submitted previously.

1431
01:37:24,600 --> 01:37:31,120
 The new SUP with the new concerns was -- included the buffer plantings and maintenance of those

1432
01:37:31,120 --> 01:37:32,120
 buffers.

1433
01:37:32,120 --> 01:37:39,480
 We increased those buffers to meet the new code requirements.

1434
01:37:39,480 --> 01:37:45,400
 The maintenance is going to be -- is going to be with -- on Ningo Road Apartments.

1435
01:37:45,400 --> 01:37:46,400
 They will have to maintain that.

1436
01:37:46,400 --> 01:37:48,000
 It is on their property.

1437
01:37:48,000 --> 01:37:55,200
 Lighting was discussed, and we will adhere to the city code requirements on the lighting,

1438
01:37:55,200 --> 01:38:00,280
 and we will not direct our lighting towards the residents.

1439
01:38:00,280 --> 01:38:01,280
 Drainage was discussed.

1440
01:38:01,280 --> 01:38:08,200
 Drainage issues that were discussed were people's concerns that the development may cause additional

1441
01:38:08,200 --> 01:38:09,200
 runoff.

1442
01:38:09,200 --> 01:38:16,080
 We will not be doing a development that will cause negative impacts to our residents or

1443
01:38:16,080 --> 01:38:21,280
 adjoining properties that will meet code, that there's nothing in this set of plans

1444
01:38:21,280 --> 01:38:24,640
 that will show that we will cause drainage issues.

1445
01:38:24,640 --> 01:38:33,040
 We actually have two detention ponds to show that we plan to detain our runoff, so that

1446
01:38:33,040 --> 01:38:36,120
 we will not have negative impacts.

1447
01:38:36,120 --> 01:38:45,120
 The construction will in all efforts not impact the local nesting of the seasonal local birds.

1448
01:38:45,120 --> 01:38:51,080
 That was a concern that was raised, and we will try to adhere to that.

1449
01:38:51,080 --> 01:38:58,800
 There has not been any changes in the character of the surrounding neighborhoods.

1450
01:38:58,800 --> 01:39:04,840
 There has been a few other developments on Ningo, but not to our -- to my recollection

1451
01:39:04,840 --> 01:39:05,840
 close by.

1452
01:39:05,840 --> 01:39:12,400
 Whenever I did my own research and did this, there had not been any new developments next

1453
01:39:12,400 --> 01:39:18,120
 to our development, so we would like to state that the character of the surrounding neighborhoods

1454
01:39:18,120 --> 01:39:29,600
 has not changed, and we believe that our development still is an acceptable and enhancing development

1455
01:39:29,600 --> 01:39:32,120
 for Ningo Road.

1456
01:39:32,120 --> 01:39:35,600
 Next slide, please.

1457
01:39:35,600 --> 01:39:42,480
 Again, there was little to no changes from the original SUP that was approved to the

1458
01:39:42,480 --> 01:39:45,200
 original SUP that was approved.

1459
01:39:45,200 --> 01:39:48,760
 What has changed is the fire line adjustments to meet the new code.

1460
01:39:48,760 --> 01:39:51,960
 I left off on here the parking.

1461
01:39:51,960 --> 01:39:57,840
 I don't know why, but the parking count was adjusted to meet new code.

1462
01:39:57,840 --> 01:40:04,880
 The landscape buffers and other landscaping was brought to the new code's point system

1463
01:40:04,880 --> 01:40:13,880
 as opposed to a set old code way of doing the landscaping.

1464
01:40:13,880 --> 01:40:18,400
 The proposed SUP does maintain our efforts to spread out the whole site and save as many

1465
01:40:18,400 --> 01:40:19,800
 trees as possible.

1466
01:40:19,800 --> 01:40:25,840
 We are saving upwards of 600 inches of trees.

1467
01:40:25,840 --> 01:40:36,920
 That does include what the old code did consider secondary and quality trees.

1468
01:40:36,920 --> 01:40:39,280
 We're saving 600 of those inches.

1469
01:40:39,280 --> 01:40:46,840
 We are only required to save 188 of those inches for the new code's requirements.

1470
01:40:46,840 --> 01:41:01,080
 I wrote something down I wanted to make sure I stated, and I can't find it.

1471
01:41:01,080 --> 01:41:03,720
 Next slide.

1472
01:41:03,720 --> 01:41:11,240
 This is the site that Julie did present, and this is the site that we do propose to move

1473
01:41:11,240 --> 01:41:14,120
 forward with.

1474
01:41:14,120 --> 01:41:20,340
 We believe it is a quality enhancement for this area, and to answer the sidewalk question,

1475
01:41:20,340 --> 01:41:26,920
 there is a sidewalk to the west, and we will have to tie into the west, but there isn't

1476
01:41:26,920 --> 01:41:28,760
 a sidewalk to the east.

1477
01:41:28,760 --> 01:41:35,120
 We have provided the right-of-way for Dingo Road's future expansion.

1478
01:41:35,120 --> 01:41:44,000
 If Dingo does expand, our property has provided that additional right-of-way for that.

1479
01:41:44,000 --> 01:41:52,320
 At this time, I believe I can open up for questions.

1480
01:41:52,320 --> 01:41:56,600
 Next slide and next questions.

1481
01:41:56,600 --> 01:41:57,600
 Great.

1482
01:41:57,600 --> 01:42:00,240
 Thank you for the presentation and context to the project.

1483
01:42:00,240 --> 01:42:06,640
 Is there any questions for the applicant?

1484
01:42:06,640 --> 01:42:09,660
 I do not see any.

1485
01:42:09,660 --> 01:42:15,000
 This is a public hearing, and so for this item, we had one person make comments using

1486
01:42:15,000 --> 01:42:16,000
 our online form.

1487
01:42:16,000 --> 01:42:20,400
 There was one support and zero against those comments or emails to the commissioners and

1488
01:42:20,400 --> 01:42:23,000
 our city secretary to be recorded.

1489
01:42:23,000 --> 01:42:27,320
 There is one individual who is asked to speak on this item over the phone, and so I'm going

1490
01:42:27,320 --> 01:42:35,720
 to ask staff to go ahead and connect that individual to us for public comment.

1491
01:42:35,720 --> 01:42:41,920
 Good evening, caller.

1492
01:42:41,920 --> 01:42:43,640
 You are live with the Planning and Zoning Commission.

1493
01:42:43,640 --> 01:42:47,840
 Can you please state your name and address, and you'll have four minutes to speak?

1494
01:42:47,840 --> 01:42:48,840
 Sure.

1495
01:42:48,840 --> 01:42:50,600
 My name is Katie McGee.

1496
01:42:50,600 --> 01:42:53,440
 I live at 1510 Seminole.

1497
01:42:53,440 --> 01:42:57,360
 That's the north side of this property, third house from the left.

1498
01:42:57,360 --> 01:43:00,040
 I just have two items of concern.

1499
01:43:00,040 --> 01:43:06,360
 I don't believe we discussed this in previous meetings, but currently on this concept plan,

1500
01:43:06,360 --> 01:43:10,320
 there is a six-foot tall wooden buffer fence.

1501
01:43:10,320 --> 01:43:15,880
 I would like to request that to be at least eight feet at this point, just to provide

1502
01:43:15,880 --> 01:43:20,760
 additional privacy to the backyard on those fence lines.

1503
01:43:20,760 --> 01:43:28,280
 I would prefer to be more difficult to see into or climb over the fence into our backyard.

1504
01:43:28,280 --> 01:43:35,680
 The second concern is on the driveway in the apartments, especially on the north end where

1505
01:43:35,680 --> 01:43:38,160
 those curves are.

1506
01:43:38,160 --> 01:43:44,320
 I'm just concerned if traffic in that drive is going too fast or not paying attention.

1507
01:43:44,320 --> 01:43:48,960
 When they take those curves, it could pose some kind of danger, especially since our

1508
01:43:48,960 --> 01:43:53,200
 backyards are at that point are kind of on a downward slope.

1509
01:43:53,200 --> 01:43:59,080
 I didn't know if it was possible to provide some kind of concrete barrier or parking pylons

1510
01:43:59,080 --> 01:44:04,000
 to make, just to prevent any accidents from happening there with the cars being so close

1511
01:44:04,000 --> 01:44:05,000
 to our backyards.

1512
01:44:05,000 --> 01:44:07,640
 That's all I have to say for now.

1513
01:44:07,640 --> 01:44:11,680
 I certainly appreciate you calling in and voicing your concerns.

1514
01:44:11,680 --> 01:44:13,240
 Commissioner Beck.

1515
01:44:13,240 --> 01:44:20,320
 Yeah, this is for the caller's concerns, but Julie, are we allowed to have eight foot tall

1516
01:44:20,320 --> 01:44:26,480
 fences in the DDC or Richard or whoever cares to answer?

1517
01:44:26,480 --> 01:44:27,480
 Yes.

1518
01:44:27,480 --> 01:44:31,200
 Perimeter fences can go up to eight feet.

1519
01:44:31,200 --> 01:44:34,400
 Thank you.

1520
01:44:34,400 --> 01:44:39,840
 Is there any other questions for the caller?

1521
01:44:39,840 --> 01:44:44,840
 I do not see any, I certainly appreciate you calling in and expressing your concerns.

1522
01:44:44,840 --> 01:44:46,760
 Thank you very much.

1523
01:44:46,760 --> 01:44:48,960
 Thank you for taking the time to listen.

1524
01:44:48,960 --> 01:44:51,400
 Of course.

1525
01:44:51,400 --> 01:44:54,920
 With that, seeing there's no other public comment, I'm going to go ahead and close the

1526
01:44:54,920 --> 01:45:05,560
 public hearing and turn it to this virtual dais for discussion or motion.

1527
01:45:05,560 --> 01:45:06,560
 Commissioner Smith.

1528
01:45:06,560 --> 01:45:11,160
 Make a motion to approve with staff recommendations.

1529
01:45:11,160 --> 01:45:13,400
 We have a first for approval with staff recommendations.

1530
01:45:13,400 --> 01:45:14,680
 Commissioner Anderson.

1531
01:45:14,680 --> 01:45:16,520
 I second.

1532
01:45:16,520 --> 01:45:19,480
 We have a first and a second for approval.

1533
01:45:19,480 --> 01:45:20,480
 Any discussion?

1534
01:45:20,480 --> 01:45:21,480
 Commissioner Ellis.

1535
01:45:21,480 --> 01:45:22,480
 Thank you, chair.

1536
01:45:22,480 --> 01:45:32,280
 Just on the caller's concerns, and I guess I just want to maybe get the applicant's opinion.

1537
01:45:32,280 --> 01:45:35,600
 So when she talks about that curve, which is right at her backyard as I'm looking at

1538
01:45:35,600 --> 01:45:36,600
 it.

1539
01:45:36,600 --> 01:45:43,080
 I assume on the road there will be a speed limit sign throughout that curve.

1540
01:45:43,080 --> 01:45:44,420
 Will there be?

1541
01:45:44,420 --> 01:45:50,920
 Am I allowed to jump in here?

1542
01:45:50,920 --> 01:45:51,920
 Absolutely.

1543
01:45:51,920 --> 01:45:52,920
 Please.

1544
01:45:52,920 --> 01:45:53,920
 Yes, please.

1545
01:45:53,920 --> 01:46:00,280
 Lawrence Holder up again, analysis engineering.

1546
01:46:00,280 --> 01:46:03,240
 There should be a posted speed limit sign.

1547
01:46:03,240 --> 01:46:07,480
 It is a parking area.

1548
01:46:07,480 --> 01:46:17,160
 Parking areas in this nature do have a speed associated with them.

1549
01:46:17,160 --> 01:46:20,880
 There's not enough room to really get up to high speeds.

1550
01:46:20,880 --> 01:46:25,880
 However, I do understand some of these concerns.

1551
01:46:25,880 --> 01:46:32,040
 The main thing that I would say in worst case scenario, if there was a kid that was learning

1552
01:46:32,040 --> 01:46:37,720
 how to drive and hit the gas instead of the brake and was driving as fast as he could,

1553
01:46:37,720 --> 01:46:44,480
 he would hit the wonderful, beautiful trees that we've placed and spaced every 10 feet

1554
01:46:44,480 --> 01:46:50,400
 apart or 15 feet apart before he would even hit the fence.

1555
01:46:50,400 --> 01:46:54,520
 We have a good 10 feet if not, then on the radius, depending on where he is, we have

1556
01:46:54,520 --> 01:47:00,680
 a good 10 feet plus another 26 feet of grass that you'd have to then mow through as well.

1557
01:47:00,680 --> 01:47:04,720
 So what I'm saying is unless it's an off-road vehicle that would really hit that and then

1558
01:47:04,720 --> 01:47:11,280
 continue to keep going, the likelihood of it continuing into a backyard is highly unlikely.

1559
01:47:11,280 --> 01:47:12,280
 Not impossible.

1560
01:47:12,280 --> 01:47:14,480
 I'm not going to sit here and say that that's impossible.

1561
01:47:14,480 --> 01:47:17,560
 I don't think you can find an engineer who will say that.

1562
01:47:17,560 --> 01:47:24,520
 But it's super and highly improbable that that would be the case.

1563
01:47:24,520 --> 01:47:32,800
 But yes, we can post speed limit signs throughout the development if that is a concern that

1564
01:47:32,800 --> 01:47:42,000
 the Ford, or not Ford, I'm sorry, the commission would like to place on that.

1565
01:47:42,000 --> 01:47:47,600
 What I'm wondering if, I don't know, if speed limit or just a couple of slow signs, just

1566
01:47:47,600 --> 01:47:59,040
 warning people of that curve, some kind of signage just to make drivers aware is an idea.

1567
01:47:59,040 --> 01:48:00,040
 Absolutely.

1568
01:48:00,040 --> 01:48:07,720
 We can always get, those signs are easily obtainable and you can place either a slow

1569
01:48:07,720 --> 01:48:13,040
 or a speed limit, please specify which ones or how you'd like us to do that and we'd

1570
01:48:13,040 --> 01:48:22,840
 be more than happy to place a few of those signs around to educate the public on the

1571
01:48:22,840 --> 01:48:25,280
 speed of this area.

1572
01:48:25,280 --> 01:48:26,280
 Mr. Anderson.

1573
01:48:26,280 --> 01:48:32,680
 Since there's already been a first and a second motion taken, is it too late that we can

1574
01:48:32,680 --> 01:48:40,680
 ask the engineering firm if they would be willing to put up an eight foot fence for

1575
01:48:40,680 --> 01:48:43,840
 the caller's concerns?

1576
01:48:43,840 --> 01:48:48,440
 You definitely can ask that.

1577
01:48:48,440 --> 01:48:49,440
 Okay.

1578
01:48:49,440 --> 01:48:54,480
 I mean, Mr. Holdoff, is that something that you would entertain due to the privacy issues

1579
01:48:54,480 --> 01:48:58,480
 that the caller and the residents would not, you know, that have, I mean, is that something

1580
01:48:58,480 --> 01:49:01,960
 that you guys would entertain is putting up an eight foot fence instead of the six foot

1581
01:49:01,960 --> 01:49:04,080
 wooden fence?

1582
01:49:04,080 --> 01:49:13,240
 Yeah, to put it bluntly, yes, we would entertain it as a requirement, however, we would not

1583
01:49:13,240 --> 01:49:18,000
 like to offer that up without a major reason for that.

1584
01:49:18,000 --> 01:49:23,320
 And the reason why I state that is yes, we have a six foot tall fence, but we are proposing

1585
01:49:23,320 --> 01:49:26,640
 extensive landscape requirements in that buffer.

1586
01:49:26,640 --> 01:49:32,140
 We have offset our buildings 44 more feet, so you have a lot of green space there.

1587
01:49:32,140 --> 01:49:38,160
 We have detention pond between the building and that back area and that buffer that will

1588
01:49:38,160 --> 01:49:41,600
 be landscaped as well.

1589
01:49:41,600 --> 01:49:52,080
 We are providing a lot of landscape for the real estate on those property lines.

1590
01:49:52,080 --> 01:49:53,080
 Okay.

1591
01:49:53,080 --> 01:49:56,520
 A few more feet is not the end of the world, but it is.

1592
01:49:56,520 --> 01:50:01,240
 We feel like we're starting to get a little under pressure on that.

1593
01:50:01,240 --> 01:50:03,040
 I totally understand.

1594
01:50:03,040 --> 01:50:05,040
 Is the caller still on the line?

1595
01:50:05,040 --> 01:50:12,160
 And if so, hopefully that helps answer her question and maybe helps her understand some

1596
01:50:12,160 --> 01:50:13,680
 stuff.

1597
01:50:13,680 --> 01:50:16,840
 She is no longer on the call, but hopefully she's listening in.

1598
01:50:16,840 --> 01:50:17,840
 Okay.

1599
01:50:17,840 --> 01:50:19,720
 Thank you, Mr. Holdo, for your answer.

1600
01:50:19,720 --> 01:50:20,720
 Absolutely.

1601
01:50:20,720 --> 01:50:23,320
 Commissioner Back, I think your hand was up.

1602
01:50:23,320 --> 01:50:26,800
 My question was exactly the same as Commissioner Anderson's that's been answered.

1603
01:50:26,800 --> 01:50:27,800
 Thank you.

1604
01:50:27,800 --> 01:50:28,800
 Okay.

1605
01:50:28,800 --> 01:50:31,360
 We do have a first and a second for approval.

1606
01:50:31,360 --> 01:50:32,360
 Commissioner Smith.

1607
01:50:32,360 --> 01:50:41,100
 I'd like to amend my motion to include a requirement or a recommendation that speed mitigation

1608
01:50:41,100 --> 01:50:46,360
 signage be included in the approval of this.

1609
01:50:46,360 --> 01:50:47,360
 And was it Anderson?

1610
01:50:47,360 --> 01:50:48,800
 Did you have a second on that?

1611
01:50:48,800 --> 01:50:49,800
 Yes.

1612
01:50:49,800 --> 01:50:52,840
 I'll second that motion as well.

1613
01:50:52,840 --> 01:50:53,840
 Okay.

1614
01:50:53,840 --> 01:50:54,840
 And Commissioner Ellis.

1615
01:50:54,840 --> 01:50:59,520
 I was going to make that friendly amendment, so thank you, Commissioner Smith.

1616
01:50:59,520 --> 01:51:00,520
 Okay.

1617
01:51:00,520 --> 01:51:04,960
 So we have a first and a second for approval given staff's recommendation with the addition

1618
01:51:04,960 --> 01:51:09,520
 of signage for speed mitigation.

1619
01:51:09,520 --> 01:51:14,240
 Is there any other discussion on this item?

1620
01:51:14,240 --> 01:51:17,880
 Seeing none, I will call vote via roll call.

1621
01:51:17,880 --> 01:51:18,880
 Commissioner Beck.

1622
01:51:18,880 --> 01:51:19,880
 Aye.

1623
01:51:19,880 --> 01:51:20,880
 Commissioner Cole.

1624
01:51:20,880 --> 01:51:21,880
 Aye.

1625
01:51:21,880 --> 01:51:22,880
 Commissioner Anderson.

1626
01:51:22,880 --> 01:51:23,880
 Aye.

1627
01:51:23,880 --> 01:51:24,880
 Commissioner Ellis.

1628
01:51:24,880 --> 01:51:25,880
 Aye.

1629
01:51:25,880 --> 01:51:26,880
 Commissioner Smith.

1630
01:51:26,880 --> 01:51:27,880
 Aye.

1631
01:51:27,880 --> 01:51:29,840
 Chair is also an aye.

1632
01:51:29,840 --> 01:51:31,560
 Motion carries 6-0.

1633
01:51:31,560 --> 01:51:32,560
 Congratulations.

1634
01:51:32,560 --> 01:51:38,560
 That brings us to our concluding item on the planning and zoning matrix, our item five,

1635
01:51:38,560 --> 01:51:41,120
 the planning and zoning project matrix.

1636
01:51:41,120 --> 01:51:45,760
 Before I turn it over to Richard, I just have one quick thing to say.

1637
01:51:45,760 --> 01:51:50,200
 Tonight is Kathy Welborn's last meeting with P&Z.

1638
01:51:50,200 --> 01:51:58,280
 She is moving over to the city secretary's office, and so she is sadly departing from

1639
01:51:58,280 --> 01:51:59,280
 us.

1640
01:51:59,280 --> 01:52:04,920
 I just wanted to say thank you to Kathy for all the work that you did for us and keeping

1641
01:52:04,920 --> 01:52:12,960
 us organized and certainly me as the chair, keeping me well-appointed with information

1642
01:52:12,960 --> 01:52:17,640
 and paperwork and all those signing of minutes, all those things that you did, Kathy.

1643
01:52:17,640 --> 01:52:18,800
 I certainly appreciate it.

1644
01:52:18,800 --> 01:52:20,760
 I wish you the best at the city secretary's office.

1645
01:52:20,760 --> 01:52:23,360
 I'm glad you're still hanging around Denton.

1646
01:52:23,360 --> 01:52:24,680
 Thank you very much, Kathy.

1647
01:52:24,680 --> 01:52:28,160
 With that, I'll turn it over to Richard.

1648
01:52:28,160 --> 01:52:29,160
 Thank you, Chair.

1649
01:52:29,160 --> 01:52:35,760
 Just to echo the same sentiments, I will deeply miss Kathy in our department, but I will still

1650
01:52:35,760 --> 01:52:41,180
 be working with her on agendas, just in a very different role, and Selena will be stepping

1651
01:52:41,180 --> 01:52:48,320
 in and has already done a great job in continuing what Kathy has worked in helping us.

1652
01:52:48,320 --> 01:52:52,880
 Just that, really, I don't have much to add to the matrix at this point.

1653
01:52:52,880 --> 01:52:58,840
 I did want to update everyone on some actions that council took last night.

1654
01:52:58,840 --> 01:53:03,960
 There was an annexation that was approved, so it will go back for a second reading.

1655
01:53:03,960 --> 01:53:09,880
 At some point in time, if council does pass that annexation, it will be brought in front

1656
01:53:09,880 --> 01:53:15,680
 of this body for the initial zoning application.

1657
01:53:15,680 --> 01:53:21,040
 That was a property at essentially vintage and Fort Worth.

1658
01:53:21,040 --> 01:53:26,440
 The other two items that they took action on last night, they did approve both the canopy

1659
01:53:26,440 --> 01:53:28,040
 trails rezoning.

1660
01:53:28,040 --> 01:53:30,120
 That was a reconsideration.

1661
01:53:30,120 --> 01:53:37,640
 That was passed 4-3, and my goodness, I'm drawing a blank.

1662
01:53:37,640 --> 01:53:46,120
 The sage brook, how can I forget sage brook, that was approved last night with PNZ's recommendation

1663
01:53:46,120 --> 01:53:48,400
 5-2.

1664
01:53:48,400 --> 01:53:52,980
 Just to clarify, I talked to Cynthia briefly over the break, so we will work on putting

1665
01:53:52,980 --> 01:53:58,440
 something together for the second meeting in August to talk a little bit more about

1666
01:53:58,440 --> 01:54:05,320
 voting, maybe a policy to at least speak off of, as well as some of the other policies

1667
01:54:05,320 --> 01:54:12,260
 and procedures as it relates to high votes and other voting requirements within the boards

1668
01:54:12,260 --> 01:54:17,120
 and commission rules of procedure, probably just a good time to freshen up on some of

1669
01:54:17,120 --> 01:54:18,120
 that stuff.

1670
01:54:18,120 --> 01:54:19,920
 With that, I'd be happy to answer any questions.

1671
01:54:19,920 --> 01:54:20,920
 >> Great.

1672
01:54:20,920 --> 01:54:22,560
 Thank you for the update.

1673
01:54:22,560 --> 01:54:26,120
 Is there any questions for Richard or any items that need to be added to the matrix?

1674
01:54:26,120 --> 01:54:27,120
 Commissioner Beck.

1675
01:54:27,120 --> 01:54:32,480
 >> I said this out of order earlier, so I'd just like to formally put it in here in the

1676
01:54:32,480 --> 01:54:41,200
 matrix discussion that if we could have a work session when appropriate on the capped

1677
01:54:41,200 --> 01:54:47,800
 gas well, building on capped gas wells, in houses, roads, it's come up a couple of different

1678
01:54:47,800 --> 01:54:50,920
 issues, so if we could have that, I'd appreciate it.

1679
01:54:50,920 --> 01:54:56,640
 >> Certainly, we'll add it to the matrix and then sort of as we do customarily, as soon

1680
01:54:56,640 --> 01:55:03,420
 as we have that work session with council, the next day, we will present that to PNC.

1681
01:55:03,420 --> 01:55:04,420
 >> Thank you so much.

1682
01:55:04,420 --> 01:55:07,680
 >> Any other questions or items for the matrix?

1683
01:55:07,680 --> 01:55:13,120
 Seeing none, I will close this meeting at 726.

1684
01:55:13,120 --> 01:55:13,360
 Thank you.