WEBVTT

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 I will call the meeting to order and we will jump into our work session items.

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 The first item is work session reports and then we will come back to the agenda items

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 for clarification and a work through of those.

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 To begin our first work session report is item 3A DCA 20-0001C and this is to hold a

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 report discussion about the process of Ditten's Development Code.

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 Thank you Chair.

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 Raman Ghida, Principal of Planning with Development Services.

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 Let me pull up my presentation real quick.

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 Okay, hopefully you all can see my presentation.

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 This is again regarding the Ditten Development Code amendment process.

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 For the brief presentation, just wanted to go over a history of the DDC update or our

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 DDC amendments, what we're proposing in certain categories, discuss a little bit about the

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 development code review committee and then also lastly talk about the schedule of how

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 we want to accomplish this or when we want to accomplish all of this.

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 So by way of history, as you all know, the DDC update was adopted in April of 2019, zoning

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 map transition chart was also considered and approved on September 17, 2019.

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 The code itself became effective on October 1st of last year.

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 We're approaching our one year anniversary and part of that one year anniversary is start

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 to look at the development code, how we can provide further clarity, align the processes

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 that we've implemented and then start with the code amendments.

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 All of this will also involve the DCRC, the Development Code Review Committee.

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 It worked well when we were updating the development code and we hope that the same group can offer

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 the same guidance and a review as they did in the past.

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 This is just a quick slide to, again, why are we doing the amendments now?

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 Obviously, there were some nonconformities that were created due to the adoption of 2019

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 development code.

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 We hope to continue to address those.

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 Again, there were also some state bills that were passed, specifically House Bill 3167

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 and other bills, we want to make sure that our code is in line with those provisions.

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 Then we continue to improve our development review process and we want to make sure that

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 our code is in line with that and anything that we can codify to make it clear for our

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 applicants, for our commissioners, for our council.

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 We want to do that as part of these development code amendments as well.

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 Lastly, we continue to hear feedback from our general public, the development community

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 and other boards and commissions on certain things that we can improve and so we are also

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 looking into some of those suggestions and recommendations.

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 Here are the four categories that we've identified for the DVC updates, amendments that is.

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 We have priority changes.

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 We also have substantive changes, which are basically recommendations that we are seeking

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 clarification and/or direction from our development code review committee.

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 We will be bringing that forward, hopefully, in the next month or two.

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 Criteria manual transfers.

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 These are transfers that are currently in our criteria manual that we want to include

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 in our development code.

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 It just gives it a little bit more, I guess, certainty or legalness to some of the criteria

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 that we're asking for.

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 And then last is the non-substantive changes, which are just minor typos or corrections

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 that just were inadvertently done as part of the DVC update back in 2019.

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 I skipped real quickly on priority changes.

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 These are ones that we feel that need to happen sooner than later and so we've put together

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 a list of these code amendments and we're hoping to take this forward.

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 In fact, we did talk a little bit about some of them at council yesterday evening regarding

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 some of those priority changes.

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 So here are what we feel are the priorities.

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 One that you'll hear tonight is the tattoo and piercing parlor that is on the agenda

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 for public hearing.

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 Some of the other things that we'll be bringing forward as part of our priority change topics

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 is the development contracts and then subchapter two, which is our administrative and procedure

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 section of the development code.

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 There are some things there that we want to improve on.

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 And so again, as we align with 3167, as we look at how we transfer or we transition from

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 the 2002 code to the 2019 code, how we can do better in regards to administration and

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 procedures.

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 Commissioner Beck.

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 Thank you, Chair.

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 Ron, just while you're on this slide, this was brought up in council last night and I'm

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 going to reiterate it here.

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 I understand that we need to be in line with 3167, but why hard code that into our DDC,

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 especially if the winds of political change ... This is a law that's unpopular in some

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 camps and there's political will to adjust this law.

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 And so why hard code our DDC to match that if then we're going to have to un-hard code

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 change it in a year or two?

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 Just a quick answer to that, Commissioner Beck, is just so that we're able to provide

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 that information clearly and concise with our development community as well as the general

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 public.

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 It's part of our Texas local government code, but a lot of our development community or

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 general public are more, I guess, familiar with the DDC.

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 So that's part of the reason why we want to make sure it's in the DDC and it's clear.

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 All right.

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 I just caution against over-alignment unless you're sure that this law is going to be ...

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 Got it.

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 Yeah.

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 Anyway, thank you, Ron.

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 I appreciate it.

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 Okay.

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 Commissioner Burnetta?

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 Is there a way to do it or is this already kind of cooked into it kind of to Commissioner

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 Beck's point where should this law get overturned where basically the adherence to those specific

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 things automatically falls off or would we have to revisit this at that time?

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 I think as we introduce it into the DDC, it follows a process.

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 We will have to do the same to remove it if that is the situation in the years that follow.

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 So we would have to come back to PNZ and City Council.

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 Okay.

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 So this is, again, our list of priority change topics.

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 And then here are our list of substantive changes.

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 As you can see, there's a lot on this slide.

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 I'm not going to go through all of them.

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 During our discussion with the Pre-Use DCRC, we did talk about those that are highlighted

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 or numbered one through three.

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 We did a lot of work there.

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 We hope to just bring that forward, and it's probably more or less a recap.

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 But there are other items that are topics that we want to bring forward to the DCRC,

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 and this will probably be the majority of them as, again, they relate to the four items

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 that we already discussed as to why we're taking forward these code amendments.

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 The criteria manual transfer are essentially what it says.

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 We're looking at our criteria manuals, stormwater, wastewater, transportation, as well as solid

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 waste and introducing electric, and I missed the transportation criteria manual as well.

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 There are items in those criteria manuals that are better suited in the DCRC, so we

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 hope to transfer those over to the DCRC, and we will still have those criteria manuals,

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 but they will not include some of the ones that, again, will be added to the actual development

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 code.

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 The last of the categories is the non-substantive changes, again, the typos, the corrections,

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 and other ones that we identify as we go through this process.

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 We have a list, and actually this list here is actually the largest number of changes

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 that we have identified, just because as you go through the new code, you just find things

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 that were inadvertently done or just need further clarity.

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 As far as schedule, we have an ambitious schedule for these code amendments.

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 We hope to have a majority of them by the end of the year.

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 It may be where we will be looking at some of these after the first of the year, but

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 our hope is that we can get started as soon as possible.

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 In fact, yesterday, October 6th, the City Council adopted a resolution to reestablish

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 the DCRC, and this is an item in our agenda tonight for the Planning Zoning Commission

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 to nominate and select a third member of the DCRC.

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 Once we have that identified or that person identified, selected, we will start again

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 with meetings with the DCRC, and all of those would be done after, obviously, we identify

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 that Planning Zoning Commission member.

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 That concludes my presentation.

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 I just wanted to provide you all with an overview of our process and how we're going to be handling

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 the DVC updates amendments in our timeline moving forward.

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 I'll be happy to stand for any questions.

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 >> Are there any questions?

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 Thank you, Ron, for the presentation.

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 I do not see any.

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 >> Okay.

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 >> The next agenda is another work session report, I believe also by Ron, item 3B, PZ20-225.

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 Since we had an earlier call, I'm kind of thinking of ballparking a 5 o'clock break

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 just for everyone to take a breather and reconvene, so you'll have it on your radar here in an

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 hour and a half or so.

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 We can just have a planned break.

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 So, with that said, Ron, are you ready for item 3B?

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 >> Yes, yes.

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 Chair, members of the commission, I had planned on presenting this item as you have seen in

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 your backup, but because of our discussion with city council yesterday, there were some

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 comments and suggestions, good suggestions that we want to spend more time on.

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 I am requesting that we move this item to a later date.

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 We'll bring this back when we have a little bit more, I guess, complete presentation for

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 you all to discuss.

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 So we will not be discussing or presenting this item today, but we will bring this back

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 at a later time.

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 >> Great.

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 Any questions about the work session 3B, bravo?

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 All right.

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 Thank you, Ron, for being here and reporting out on that.

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 Before we dive into the actual agenda, I just wanted to consult real fast with Richard,

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 is there any clarification?

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 I know there's a flurry of activity through email and maybe some changes and recommendations

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 we'll go over, but any last minute changes to the agenda for the evening?

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 >> Sorry, nothing additional.

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 >> Okay.

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 Great.

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 Then let's just hop right into it.

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 The first item of business is 2A, the minutes.

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 Is there any discussion or changes that need to be recorded for the minutes?

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 Okay.

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 Next item of business, we move into the consent agenda.

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 We have several items here, A through E. Happy to look at any of these, if anyone wants these

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 pulled.

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 Kirsten or Beck?

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 >> I just have -- I don't need full -- thank you, Chair.

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 I don't need full presentations, but I have a couple questions on B, C, and E.

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 >> Great.

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 Let's start with three different people, so let's start with Ron, if he's already there.

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 This is going to be item 3B, PP20-0015B.

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 And Commissioner Beck, you have the floor.

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 >> Okay.

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 Thank you, Chair.

00:13:17.160 --> 00:13:23.760
 So Ron, what -- what -- what DDC is this under?

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 >> Ron, you're muted.

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 >> Thank you.

00:13:30.920 --> 00:13:31.920
 Sorry.

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 Sorry about that.

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 This is the jury track, so this is under the 2019 DDC.

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 >> And -- okay.

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 So then that would mean it's the 20% tree preservation requirement?

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 Okay.

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 >> 30, I believe.

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 >> It is the new one?

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 >> It's the 2019, yes, sir.

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 >> Okay.

00:13:57.320 --> 00:13:58.320
 Okay.

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 So it's the 30%.

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 I mean, that -- that preliminary plat for those houses in the southwest corner, I -- I'm

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 just at a loss to see how you preserve 30% of -- I'm sorry for the bells and clicks.

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 I mean, let me mute a few things.

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 How you -- that southwest track preserves 30% of the trees?

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 How was that determined?

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 >> Tree survey, and one of the things that they do is a tree inventory, and based on

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 that inventory, the amount of DBH is calculated for the total, and whatever that total is,

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 you obviously identify the 30% number?

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 >> So yeah, I don't mean to interrupt.

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 I apologize for that, but if -- are they -- so the -- I understand the code is that it's

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 mitigation of -- of 30%, whether that's purchasing of -- or paying a fee for DBH or preserving

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 actual trees of DBH.

00:15:02.080 --> 00:15:08.960
 So can you enlighten me whether they're -- they're doing more purchasing or more preserving?

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 >> My understanding is that they're meeting the minimum requirement of 30%, and therefore

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 they meet the code.

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 Anything as far as any mitigation that's required comes out of whatever differences,

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 and my understanding is I don't have it in front of me, and I can happily pull this up

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 for the -- for the amount of mitigation, if any, that they're required to pay or replant

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 onsite.

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 >> Yeah.

00:15:37.720 --> 00:15:38.720
 Okay.

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 Yeah, I'd be curious to know if you could get back to me on that, and then my last question

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 on this one is that gap, if you look at that -- you've got it up there on the plenary plat.

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 There's a gap between C7 and C8.

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 Do we know what's going on in that gap?

00:15:55.280 --> 00:15:56.280
 Yeah, right there.

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 You've highlighted it.

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 >> Yes, yes.

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 I think from what I'm looking at, the aerial, that may be part of the tree preservation

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 requirement.

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 >> Okay.

00:16:03.960 --> 00:16:04.960
 All right.

00:16:04.960 --> 00:16:06.600
 That's all my questions on this.

00:16:06.600 --> 00:16:07.600
 Thank you, Ron.

00:16:07.600 --> 00:16:08.600
 >> Okay.

00:16:08.600 --> 00:16:09.600
 >> Great.

00:16:09.600 --> 00:16:10.600
 Thanks, Ron.

00:16:10.600 --> 00:16:11.600
 Does anyone else -- yeah, Commissioner Ellis.

00:16:11.600 --> 00:16:12.600
 >> Thank you, Chair.

00:16:12.600 --> 00:16:18.320
 Well, I had posted an email to you with regard to the asterisks on those couple of lots.

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 Did you ever get clarity on that?

00:16:19.800 --> 00:16:20.800
 >> I did.

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 I did.

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 And Haley was able to help me out with this.

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 Because there are only three, it's noted on the plat.

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 A lot of times, those asterisks are put on if there are multiple, you know, more than,

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 I guess, three or more than that can be noted.

00:16:36.240 --> 00:16:41.120
 That's something that is not necessarily in our code as far as asterisks, but as long as

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 they identified the lot and identified that it is part of an area that could be impacted

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 by the gas well, and they've done that through the note.

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 >> And I appreciate that explanation of how you came about that.

00:16:58.080 --> 00:17:03.040
 I like consistency, so I would love to see a stick with asterisks with regard to gas

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 well stuff, but I understand your determination.

00:17:06.680 --> 00:17:07.680
 Thank you.

00:17:07.680 --> 00:17:08.680
 >> You're welcome.

00:17:08.680 --> 00:17:14.200
 >> Any other questions for Ron on item 3B?

00:17:14.200 --> 00:17:16.840
 Great.

00:17:16.840 --> 00:17:17.840
 Thank you.

00:17:17.840 --> 00:17:29.440
 Next, can I invite Carina Maldonado to stand for questions on item 3C, FP20-0020.

00:17:29.440 --> 00:17:30.440
 >> I'm here.

00:17:30.440 --> 00:17:31.440
 Can you hear me?

00:17:31.440 --> 00:17:32.440
 >> We can.

00:17:32.440 --> 00:17:33.440
 >> Okay.

00:17:33.440 --> 00:17:37.680
 Carina Maldonado, assistant planner, and I'm here for any questions.

00:17:37.680 --> 00:17:38.680
 We're back.

00:17:38.680 --> 00:17:40.240
 I believe you had a question.

00:17:40.240 --> 00:17:41.240
 >> Yes.

00:17:41.240 --> 00:17:42.240
 Thank you, Chair.

00:17:42.240 --> 00:17:49.040
 So there were concerns before this, when this was brought before us, about the drainage.

00:17:49.040 --> 00:17:59.040
 Can you just enlighten us about the changes that they implemented in the previous versus

00:17:59.040 --> 00:18:03.280
 this one so that we can understand what they updated?

00:18:03.280 --> 00:18:07.560
 And then secondarily, before you get going, I'll lead into the second question.

00:18:07.560 --> 00:18:09.960
 Same one I asked Ron.

00:18:09.960 --> 00:18:13.200
 Which tree preservation rules are in place on this?

00:18:13.200 --> 00:18:14.200
 >> Sure.

00:18:14.200 --> 00:18:22.280
 So for the drainage item on the eastern side of the site, between the preliminary plat

00:18:22.280 --> 00:18:29.200
 and this plat, they were working through their drainage and how to appropriately address

00:18:29.200 --> 00:18:31.960
 offsite easements for it.

00:18:31.960 --> 00:18:35.800
 And so the difference between this one and now is they were just trying to make sure

00:18:35.800 --> 00:18:40.840
 that there was an approachment into the ESA floodplain area, that there was no negative

00:18:40.840 --> 00:18:49.840
 impact, and then just obtaining the offsite rights for drainage into the property to the

00:18:49.840 --> 00:18:56.680
 east, which was from the previous owner, so he was okay with it.

00:18:56.680 --> 00:19:03.160
 And then the tree preservation plan is under the 2019 DDC for this item.

00:19:03.160 --> 00:19:04.160
 >> Okay.

00:19:04.160 --> 00:19:05.160
 Thank you.

00:19:05.160 --> 00:19:16.360
 On the drainage, I know that -- let me get my notes here, I apologize.

00:19:16.360 --> 00:19:25.720
 Do we -- so does that property of the east count -- I mean, it counts as an ESA.

00:19:25.720 --> 00:19:28.080
 Is that correct?

00:19:28.080 --> 00:19:30.480
 >> There is some ESA on the eastern side.

00:19:30.480 --> 00:19:33.720
 It doesn't encroach into the actual property boundaries.

00:19:33.720 --> 00:19:35.360
 >> Okay.

00:19:35.360 --> 00:19:51.280
 And so the sort of section 735 and 751 issues of drainage and construction drainage, that's

00:19:51.280 --> 00:19:59.000
 not in play for developing impervious surfaces and then draining into that east of the east?

00:19:59.000 --> 00:20:03.760
 I mean, that's being mitigated, can you help me -- what are they doing for the mitigation

00:20:03.760 --> 00:20:06.960
 if it is being mitigated?

00:20:06.960 --> 00:20:11.160
 >> I do not have an answer for that right now, but I can look into it.

00:20:11.160 --> 00:20:16.200
 I'm not familiar with the citations off the top of my head.

00:20:16.200 --> 00:20:19.560
 I'll have to look into it before we get to the regular session.

00:20:19.560 --> 00:20:23.920
 I just know that from the engineering standpoint, they meet all the minimum requirements in

00:20:23.920 --> 00:20:26.680
 order for this to be recommended approval.

00:20:26.680 --> 00:20:31.760
 >> Yeah, I was with Ron and I would appreciate it if you could get back to me on that one.

00:20:31.760 --> 00:20:32.760
 >> Thank you.

00:20:32.760 --> 00:20:38.000
 >> I'm sorry, I didn't catch you.

00:20:38.000 --> 00:20:39.480
 >> Oh, I'm sorry.

00:20:39.480 --> 00:20:44.560
 No, as I said with Ron, if you could get back to me and let me know about the drainage,

00:20:44.560 --> 00:20:45.560
 I'd appreciate it.

00:20:45.560 --> 00:20:46.560
 Thank you.

00:20:46.560 --> 00:20:50.960
 >> Did you provide me with the citations that you just had a while ago?

00:20:50.960 --> 00:20:56.520
 >> It was just the -- I flipped away.

00:20:56.520 --> 00:21:04.600
 It just -- the chapter 751 and 3 and then 735D relating to drainage and construction

00:21:04.600 --> 00:21:11.200
 drainage, you know, soil creep into ESAs, impacts on adjacent ESAs and 741, that sort

00:21:11.200 --> 00:21:12.200
 of thing.

00:21:12.200 --> 00:21:13.200
 >> Okay.

00:21:13.200 --> 00:21:16.960
 >> They may have covered it.

00:21:16.960 --> 00:21:27.160
 I just would like to be more aware of that, if we could do that, please.

00:21:27.160 --> 00:21:29.200
 >> Okay.

00:21:29.200 --> 00:21:34.760
 >> Any other questions for Karina on item 3C?

00:21:34.760 --> 00:21:39.600
 Karina, we did get one comment against this.

00:21:39.600 --> 00:21:44.080
 Do you know about that or if they were articulated in any kind of reason?

00:21:44.080 --> 00:21:49.440
 >> I -- let me pull it up, sorry, my mouse on my computer just happened to die right

00:21:49.440 --> 00:21:50.440
 now.

00:21:50.440 --> 00:21:51.440
 Let me --

00:21:51.440 --> 00:21:52.440
 >> Tragic.

00:21:52.440 --> 00:21:53.440
 >> I'm being timed.

00:21:53.440 --> 00:21:58.440
 Give me one second.

00:21:58.440 --> 00:22:02.600
 >> Take your time.

00:22:02.600 --> 00:22:11.600
 >> It appears that the comment for this -- here we go.

00:22:11.600 --> 00:22:18.680
 The comment states, please focus on the infrastructure of the city before you add more people.

00:22:18.680 --> 00:22:20.880
 What is so hard to understand about that?

00:22:20.880 --> 00:22:27.600
 Streets, sidewalks, schools, not to mention taking away green space.

00:22:27.600 --> 00:22:32.760
 So I believe they're more concerned about making sure that, you know, the roadway infrastructure

00:22:32.760 --> 00:22:39.760
 is in place and that we're not negatively impacting schools with additional students.

00:22:39.760 --> 00:22:45.460
 In the case of the roadway improvements, we did have a zoning compliance plan that was

00:22:45.460 --> 00:22:52.240
 approved before we moved through with the preliminary plot process.

00:22:52.240 --> 00:22:59.840
 And so roadway infrastructure, including sidewalks, was addressed and they do meet all the minimum

00:22:59.840 --> 00:23:06.640
 requirements of our transportation criteria manual and the DDC.

00:23:06.640 --> 00:23:19.780
 I'm not sure that we addressed schools particularly, but for this project, since it was -- it's

00:23:19.780 --> 00:23:25.440
 in the MN district, it's permitted by right.

00:23:25.440 --> 00:23:30.600
 We typically look at that when it comes through and then green space, they are required to

00:23:30.600 --> 00:23:32.600
 dedicate their open space.

00:23:32.600 --> 00:23:38.200
 I'm not sure what I'm missing.

00:23:38.200 --> 00:23:42.400
 The majority of these items were addressed during the zoning compliance plan.

00:23:42.400 --> 00:23:47.040
 I don't know if I'm missing anything on this.

00:23:47.040 --> 00:23:52.320
 No, I don't have any -- I think I appreciate the context of the comment.

00:23:52.320 --> 00:24:00.180
 That's all I was kind of looking for.

00:24:00.180 --> 00:24:02.920
 Is there any other questions for Karina on this item?

00:24:02.920 --> 00:24:03.920
 Okay.

00:24:03.920 --> 00:24:04.920
 Thank you.

00:24:04.920 --> 00:24:12.840
 We're going to go ahead and move on to item 3D, as in Delta FP20-0021.

00:24:12.840 --> 00:24:17.240
 And it looks like Haley is -- Wait, Chair, I misspoke.

00:24:17.240 --> 00:24:19.600
 I asked for D and that was a mistake.

00:24:19.600 --> 00:24:24.920
 I meant to ask for E. Oh, it looks like Julie was mind reading there.

00:24:24.920 --> 00:24:28.800
 Yeah, let's go ahead and skip to item E while Julie's there.

00:24:28.800 --> 00:24:31.480
 And if anyone has any questions for D, we can bring Haley up.

00:24:31.480 --> 00:24:36.560
 But item E, FP20-00096 or 9C.

00:24:36.560 --> 00:24:39.160
 It's all yours, Julie.

00:24:39.160 --> 00:24:47.400
 Yeah, I misheard E. So if you have specific questions about that, I'll be happy to answer.

00:24:47.400 --> 00:24:48.400
 Yes.

00:24:48.400 --> 00:24:49.840
 Thank you, Chair.

00:24:49.840 --> 00:24:56.600
 I just had -- like, I often do this, but could you highlight the changes, sometimes reading

00:24:56.600 --> 00:25:03.920
 through the esoterica and trying to flip back and read the previous esoterica is challenging.

00:25:03.920 --> 00:25:07.200
 I don't swim in it like you do, so if you could just highlight the changes.

00:25:07.200 --> 00:25:08.200
 Sure.

00:25:08.200 --> 00:25:14.720
 So a lot of the issues related to the previous plot that you saw were a lot of kind of cleanup

00:25:14.720 --> 00:25:15.720
 items.

00:25:15.720 --> 00:25:22.120
 So if you recall when you saw this in July, the first time, they had just submitted one

00:25:22.120 --> 00:25:26.620
 item, so staff had provided those broad comments for this final plot.

00:25:26.620 --> 00:25:34.320
 In the interim between when they asked for that extension for that first submittal and

00:25:34.320 --> 00:25:37.680
 that denial of the plot, there were actually some changes to the plan.

00:25:37.680 --> 00:25:41.160
 And if you recall, there was an ADP that Karina brought forward to you.

00:25:41.160 --> 00:25:47.720
 I don't know if it was the last meeting or -- so the building mix changed and just some

00:25:47.720 --> 00:25:50.340
 of those elements to the development.

00:25:50.340 --> 00:25:53.400
 So not a lot changed on this plot.

00:25:53.400 --> 00:25:59.720
 They still have that access easement here, dedicating right of way along Teasley.

00:25:59.720 --> 00:26:02.920
 There is some FEMA floodplain back here.

00:26:02.920 --> 00:26:06.560
 They are going to be adding a little bit of fill, so there is a note that they're going

00:26:06.560 --> 00:26:11.920
 to have to do that LOMRF, which is consistent with FEMA and city requirements.

00:26:11.920 --> 00:26:15.720
 So that's really -- and they have gone through and gotten their text-up permit, so they've

00:26:15.720 --> 00:26:20.520
 really kind of worked through just those checklist items that were required that they just weren't

00:26:20.520 --> 00:26:21.960
 ready for in July.

00:26:21.960 --> 00:26:22.960
 Okay.

00:26:22.960 --> 00:26:23.960
 Thank you, Julie.

00:26:23.960 --> 00:26:24.960
 I appreciate it.

00:26:24.960 --> 00:26:25.960
 You bet.

00:26:25.960 --> 00:26:29.600
 Any other questions for Julie on item 3E?

00:26:29.600 --> 00:26:31.360
 Great.

00:26:31.360 --> 00:26:32.360
 Thank you, Julie.

00:26:32.360 --> 00:26:37.640
 And before we move on to the individual considerations, is there any items or questions on item 3A

00:26:37.640 --> 00:26:38.640
 or 3D?

00:26:38.640 --> 00:26:45.360
 Those are the only ones we didn't call out specifically.

00:26:45.360 --> 00:26:50.660
 Seeing none, we'll go ahead and move on to next items of business, which is our individual

00:26:50.660 --> 00:26:57.520
 considerations section, starting with 4A FP20-0019.

00:26:57.520 --> 00:27:07.520
 This is marked by Mark Laird, but is he on the phone or is Ron presenting?

00:27:07.520 --> 00:27:08.520
 Mark should be on.

00:27:08.520 --> 00:27:09.520
 Good afternoon.

00:27:09.520 --> 00:27:11.280
 This is Mark Laird.

00:27:11.280 --> 00:27:12.880
 Can you read me?

00:27:12.880 --> 00:27:13.880
 We can.

00:27:13.880 --> 00:27:14.880
 Awesome.

00:27:14.880 --> 00:27:21.680
 This evening, well, this afternoon, I have for your consideration the approval of Cambridge

00:27:21.680 --> 00:27:22.680
 Brook addition.

00:27:22.680 --> 00:27:26.520
 It's a 102 residential lot in Fort Common area development.

00:27:26.520 --> 00:27:35.880
 It's located south of Vinnage Boulevard along the west boundary line of Bonnie Bray.

00:27:35.880 --> 00:27:41.400
 And staff recommends approval of this plot, and I stand for any questions you may have.

00:27:41.400 --> 00:27:45.680
 So any questions for Mark on this item?

00:27:45.680 --> 00:27:48.080
 Christopher Beck.

00:27:48.080 --> 00:27:52.440
 So two things.

00:27:52.440 --> 00:28:00.800
 My first question is, can you clarify, since we had the original backup and then it changed

00:28:00.800 --> 00:28:08.240
 in the email, can you clarify what was updated in the new emailed version?

00:28:08.240 --> 00:28:15.320
 And then the second question is, I want to address the, could you clarify the financial

00:28:15.320 --> 00:28:22.440
 impacts portion of the review?

00:28:22.440 --> 00:28:30.400
 Yes, the plot when it came in, it had four, as it's mentioned, it has four common area

00:28:30.400 --> 00:28:35.160
 lots that are owned by the homeowners association.

00:28:35.160 --> 00:28:42.280
 And with that, our code requires that the homeowners association, the CCRs restrictions,

00:28:42.280 --> 00:28:45.120
 fee restrictions for the property are submitted for review.

00:28:45.120 --> 00:28:49.400
 And that review, it did not meet our standards.

00:28:49.400 --> 00:28:51.120
 And so we made those comments.

00:28:51.120 --> 00:28:55.700
 The advocate was able to address those comments prior to this meeting.

00:28:55.700 --> 00:29:03.680
 And so we changed our recommendation to approval.

00:29:03.680 --> 00:29:10.200
 And I don't understand the question about the financial study.

00:29:10.200 --> 00:29:18.080
 So for these kinds of things, let's see, this is the final plot.

00:29:18.080 --> 00:29:38.040
 So I just was curious, I mean, it feels like we have this property didn't, I mean, I guess,

00:29:38.040 --> 00:29:46.520
 can you, I'm kind of burbling here, but my question was, it wasn't very clear other than

00:29:46.520 --> 00:29:51.460
 a statement on the matrix that you guys fulfill, that it doesn't meet, that it does or does

00:29:51.460 --> 00:29:58.240
 not meet, but it wasn't very clear on the criteria in which it was evaluated and how

00:29:58.240 --> 00:30:01.200
 it was meeting financial impacts.

00:30:01.200 --> 00:30:05.760
 And I would just like maybe a little more clarity on that.

00:30:05.760 --> 00:30:13.600
 If I may now reach out to Richard for assistance on this.

00:30:13.600 --> 00:30:16.960
 Yeah, I want to make sure I understand the question.

00:30:16.960 --> 00:30:19.400
 Is it a criteria for?

00:30:19.400 --> 00:30:26.580
 Yeah, isn't this 245E9?

00:30:26.580 --> 00:30:34.280
 And so my question was, basically, we dance around it all the time.

00:30:34.280 --> 00:30:37.400
 What are the financial impacts on the infrastructure?

00:30:37.400 --> 00:30:45.160
 I know that there is development costs associated with this, or impact fees rather.

00:30:45.160 --> 00:30:52.960
 And so I know that those are coming back, but I would just like a little clarity on

00:30:52.960 --> 00:30:59.240
 those impacts and how to assess 245E9.

00:30:59.240 --> 00:31:02.880
 For planning, it's really not one that would be relevant.

00:31:02.880 --> 00:31:05.480
 They're not asking for a change of anything.

00:31:05.480 --> 00:31:08.440
 They're developing within what the zoning allows for.

00:31:08.440 --> 00:31:12.680
 So they're meeting exactly what's on the zoning map.

00:31:12.680 --> 00:31:16.080
 So they're not asking for anything additional that would change than what's already planned

00:31:16.080 --> 00:31:17.080
 for the area.

00:31:17.080 --> 00:31:23.600
 All right, thank you.

00:31:23.600 --> 00:31:28.240
 Any other questions for Mark on this item?

00:31:28.240 --> 00:31:33.160
 Okay, seeing none, we'll move on to the next item.

00:31:33.160 --> 00:31:35.160
 Thank you, Mark, for the presentation.

00:31:35.160 --> 00:31:40.240
 Next item is 4B, PE20-0001.

00:31:40.240 --> 00:31:56.040
 And this item is Haley Zygursky's.

00:31:56.040 --> 00:32:18.480
 All right, good afternoon, commissioners, Haley Zygursky, senior planner.

00:32:18.480 --> 00:32:23.720
 This request is for a plat extension related to the Audrepoint subdivision.

00:32:23.720 --> 00:32:27.400
 You can see the location of the property outlined in yellow on the map.

00:32:27.400 --> 00:32:29.360
 This is about 13.2 acres.

00:32:29.360 --> 00:32:33.600
 It's located on both the east and the south side of Audre Lane.

00:32:33.600 --> 00:32:38.920
 A preliminary plat was originally approved for this subdivision in October of 2018.

00:32:38.920 --> 00:32:43.520
 It contained 53 residential lots and two common area lots.

00:32:43.520 --> 00:32:47.720
 Some of you may remember this property also went through a rezoning shortly before that.

00:32:47.720 --> 00:32:51.800
 So it was zoned in R6 with overlay conditions at the time.

00:32:51.800 --> 00:32:56.760
 The preliminary plat was in conformance with that, which limited the uses of the property

00:32:56.760 --> 00:33:00.840
 to single family with a maximum of 54 lots.

00:33:00.840 --> 00:33:13.440
 This plat is set to expire on October 24th of this year.

00:33:13.440 --> 00:33:14.440
 Sorry about that.

00:33:14.440 --> 00:33:17.040
 I didn't realize the camera was off.

00:33:17.040 --> 00:33:22.240
 So with that, the applicant has requested an extension to prolong the life of this preliminary

00:33:22.240 --> 00:33:28.760
 plat to allow them to continue working through the civil engineering and final plat process.

00:33:28.760 --> 00:33:32.680
 The code does require that a final plat be approved before the preliminary plat expires.

00:33:32.680 --> 00:33:35.640
 So they're coming up on that deadline.

00:33:35.640 --> 00:33:39.440
 In the interim two-year period here, they've been working with staff as well as the developers

00:33:39.440 --> 00:33:43.600
 for the property to the north and the east of them to resolve some drainage issues that

00:33:43.600 --> 00:33:46.520
 were fairly extensive along Audre Lane.

00:33:46.520 --> 00:33:50.760
 There is a pipeline just down to the east of this property that they were trying to

00:33:50.760 --> 00:33:54.320
 figure out how to get a storm drain to work around that pipeline.

00:33:54.320 --> 00:33:58.700
 They found an alternative solution to that that would result in a kind of regional detention

00:33:58.700 --> 00:34:02.040
 facility on the eastern project.

00:34:02.040 --> 00:34:06.000
 So while they've been working through that, it's caused some delays in their timeline

00:34:06.000 --> 00:34:07.140
 for this.

00:34:07.140 --> 00:34:11.420
 In the recent months, though, they have reached a very close to approval on their civil engineering

00:34:11.420 --> 00:34:16.300
 plans and they have recently submitted their final plat, I believe just yesterday.

00:34:16.300 --> 00:34:21.080
 So they should have no problem meeting the completion of this project within the six-month

00:34:21.080 --> 00:34:24.200
 extension that they've requested.

00:34:24.200 --> 00:34:27.040
 And with that, staff is recommending approval of this request.

00:34:27.040 --> 00:34:30.680
 We found that it meets the criteria and they have demonstrated continuing to work towards

00:34:30.680 --> 00:34:31.680
 completion of this project.

00:34:31.680 --> 00:34:33.560
 And I'm happy to answer any questions.

00:34:33.560 --> 00:34:36.600
 It looks like we have one from Commissioner Smith.

00:34:36.600 --> 00:34:38.200
 Thank you, Chair.

00:34:38.200 --> 00:34:42.400
 Haley, just for my own notification, how does this work into the shot clock?

00:34:42.400 --> 00:34:48.200
 So is shot clocks are on the approval of a preliminary plat, correct?

00:34:48.200 --> 00:34:52.120
 Is that, am I understanding the law correctly there?

00:34:52.120 --> 00:34:56.480
 That would relate specifically to the review time frame between the plat being submitted

00:34:56.480 --> 00:34:58.480
 and getting to an approval.

00:34:58.480 --> 00:35:03.300
 Once a project is approved, the Denton Development Code establishes a two-year time frame in

00:35:03.300 --> 00:35:08.400
 which they can then get through final plat completion before a preliminary plat would

00:35:08.400 --> 00:35:10.760
 expire after it's approved by you all.

00:35:10.760 --> 00:35:14.200
 And they've had two years now, and so within the DDC, we have the ability to extend it

00:35:14.200 --> 00:35:15.600
 for six more months.

00:35:15.600 --> 00:35:16.600
 Correct.

00:35:16.600 --> 00:35:17.720
 You could extend for up to a year.

00:35:17.720 --> 00:35:19.600
 They specifically requested six months.

00:35:19.600 --> 00:35:20.600
 Okay.

00:35:20.600 --> 00:35:21.600
 All right.

00:35:21.600 --> 00:35:22.600
 I was confused.

00:35:22.600 --> 00:35:25.640
 It seemed like it was like the review and the language was in there, is trying to make

00:35:25.640 --> 00:35:29.360
 sure I understood the basically how the shot clock law worked at the end.

00:35:29.360 --> 00:35:30.360
 So just need a clarification.

00:35:30.360 --> 00:35:31.360
 Thank you.

00:35:31.360 --> 00:35:32.360
 You're welcome.

00:35:32.360 --> 00:35:33.360
 Any other questions?

00:35:33.360 --> 00:35:34.360
 Oh, Commissioner Ellis.

00:35:34.360 --> 00:35:36.400
 Thank you, Chair.

00:35:36.400 --> 00:35:42.960
 So is the drainage issue solved or are they actually still working through that?

00:35:42.960 --> 00:35:47.960
 So they found a solution, like I said, they worked with the adjacent property owner to

00:35:47.960 --> 00:35:52.320
 the east and they are going to jointly install a regional detention facility on a portion

00:35:52.320 --> 00:35:56.400
 of that property that's going to be dedicated to the Parks Department, most likely.

00:35:56.400 --> 00:36:00.360
 So that would resolve the need because they found that alternative path for the drainage

00:36:00.360 --> 00:36:03.120
 to flow to that pond and avoid the pipeline issue.

00:36:03.120 --> 00:36:04.120
 Okay.

00:36:04.120 --> 00:36:05.120
 So they came to an agreement.

00:36:05.120 --> 00:36:06.120
 Correct.

00:36:06.120 --> 00:36:07.120
 They came to an agreement fully.

00:36:07.120 --> 00:36:08.120
 Okay.

00:36:08.120 --> 00:36:09.120
 Thank you.

00:36:09.120 --> 00:36:10.120
 Commissioner Beck.

00:36:10.120 --> 00:36:11.880
 So this just, thank you, Chair.

00:36:11.880 --> 00:36:14.240
 This just occurred to me, Haley.

00:36:14.240 --> 00:36:24.400
 I know the answer is yes, but when we have these kinds of situations where we have drainage

00:36:24.400 --> 00:36:28.400
 facilities, who is responsible, or I shouldn't say, I know it's just because it's not the

00:36:28.400 --> 00:36:29.400
 right answer.

00:36:29.400 --> 00:36:37.040
 Who is responsible for pest, mosquito, in particular, mitigation, when we create a private

00:36:37.040 --> 00:36:39.920
 or public drainage pond?

00:36:39.920 --> 00:36:44.320
 So typically a facility such as this would be, if it were on private property, it would

00:36:44.320 --> 00:36:46.320
 be privately maintained.

00:36:46.320 --> 00:36:50.720
 The city does have standards and enforcement for mosquito control issues.

00:36:50.720 --> 00:36:56.460
 In this instance, the property that it's on is intended to be dedicated to the Parks Department.

00:36:56.460 --> 00:37:00.160
 So that would become a kind of a city asset at that point, and the city would be responsible

00:37:00.160 --> 00:37:06.120
 for mosquitoes and any other issues that may arise with the pond as we would with ponds

00:37:06.120 --> 00:37:07.120
 and other city parks.

00:37:07.120 --> 00:37:08.120
 All right.

00:37:08.120 --> 00:37:09.120
 Thank you for that clarification.

00:37:09.120 --> 00:37:10.120
 I appreciate it.

00:37:10.120 --> 00:37:13.120
 Any other questions?

00:37:13.120 --> 00:37:14.120
 Okay.

00:37:14.120 --> 00:37:20.400
 Seeing none, we'll go ahead and move on to the next item.

00:37:20.400 --> 00:37:22.040
 Thank you, Haley, for that.

00:37:22.040 --> 00:37:27.800
 The next item is item 4C, FP20-0022.

00:37:27.800 --> 00:37:30.760
 This is Carina Maldonado's item.

00:37:30.760 --> 00:37:31.760
 Okay.

00:37:31.760 --> 00:37:32.760
 I'm sorry.

00:37:32.760 --> 00:37:35.760
 Give me one second.

00:37:35.760 --> 00:37:52.560
 I'm back to my no-mouth situation.

00:37:52.560 --> 00:37:56.480
 Okay.

00:37:56.480 --> 00:38:03.800
 This is a final clap for Glenwood Meadows Edition.

00:38:03.800 --> 00:38:13.520
 They are proposing 102 residential lots and three open-space lots.

00:38:13.520 --> 00:38:21.600
 This was previously a recommended denial, but since the publishing of the packet and

00:38:21.600 --> 00:38:30.080
 now we are now recommending approval of this item as they now meet the minimum requirements

00:38:30.080 --> 00:38:34.320
 for approval.

00:38:34.320 --> 00:38:35.320
 Let me backtrack a little.

00:38:35.320 --> 00:38:45.400
 This is a 68.774-acre site located on the southeast side of the future Bonnie Bray,

00:38:45.400 --> 00:38:49.400
 just north, 750 feet north of Vintage Boulevard.

00:38:49.400 --> 00:38:57.200
 The differences between what we had in the denial and now are that the portion of the

00:38:57.200 --> 00:39:05.160
 site to the east, which is that large open-space area, I believe it's Block D Lot 22X, they

00:39:05.160 --> 00:39:10.320
 have now worked at the Parks Department to dedicate that lot to meet the park dedication

00:39:10.320 --> 00:39:11.320
 requirement.

00:39:11.320 --> 00:39:18.120
 Previously, that was dedicated as an open-space lot and so now Parks is working with them

00:39:18.120 --> 00:39:24.240
 to meet their minimum park dedication requirements instead of payment in lieu of that.

00:39:24.240 --> 00:39:28.920
 The second item that's changed is we've now worked with them to meet their minimum tree

00:39:28.920 --> 00:39:30.720
 preservation requirements.

00:39:30.720 --> 00:39:39.400
 This project is going in under the 2002 development code and so there was just a miscommunication

00:39:39.400 --> 00:39:41.640
 with them through the application process.

00:39:41.640 --> 00:39:47.360
 They were showing us an incorrect inventory, so we needed to clean that up.

00:39:47.360 --> 00:39:52.600
 They have since addressed that and will not need to mitigate for trees on the site that

00:39:52.600 --> 00:39:54.600
 are being removed.

00:39:54.600 --> 00:40:01.600
 And then just to add on top of that, they are planting 396 3-inch caliber trees to offset

00:40:01.600 --> 00:40:07.560
 the removal that they are doing, but they do meet the minimum preservation requirements

00:40:07.560 --> 00:40:10.760
 for quality and secondary trees.

00:40:10.760 --> 00:40:16.360
 And then the last item that was previously denied but has now been addressed are the

00:40:16.360 --> 00:40:22.240
 HOA documents that are required to be reviewed by the city attorney's office for both the

00:40:22.240 --> 00:40:26.560
 open-space lot and then the notification for gas flows.

00:40:26.560 --> 00:40:33.160
 So all four of those items have now been addressed and so staff is now recommending approval.

00:40:33.160 --> 00:40:37.840
 Commissioner Becker.

00:40:37.840 --> 00:40:38.840
 Thank you, Chair.

00:40:38.840 --> 00:40:41.560
 Carina, so help me on the notification.

00:40:41.560 --> 00:40:47.460
 What does that mean for future homeowner purchasers?

00:40:47.460 --> 00:40:49.640
 What kind of notification are we talking about?

00:40:49.640 --> 00:40:55.720
 So similar to the gas flow notification that indicates which locks are being affected,

00:40:55.720 --> 00:41:02.120
 there's a note on the plat, but the DDC also requires that they include that notification

00:41:02.120 --> 00:41:03.760
 in the HOA document.

00:41:03.760 --> 00:41:08.560
 So we were just making sure that that was included as well.

00:41:08.560 --> 00:41:13.920
 The language is essentially the same language that's shown on the plat.

00:41:13.920 --> 00:41:15.240
 Okay.

00:41:15.240 --> 00:41:22.500
 And that sort of flood out of, oh, I think this is Hickory Creek, right?

00:41:22.500 --> 00:41:26.080
 I forget my creek names.

00:41:26.080 --> 00:41:37.080
 There's a little sort of flooded lake pond area, Oxbow Lake off the creek there.

00:41:37.080 --> 00:41:48.000
 That extends the floodplain all the way up to pretty much the property lines of where

00:41:48.000 --> 00:41:50.080
 they're shown on that plat.

00:41:50.080 --> 00:41:59.400
 How is this meeting both the construction drainage criteria and the overall floodplain

00:41:59.400 --> 00:42:06.240
 issues that, I mean, you have pretty much floodplain adjacent to fence lines.

00:42:06.240 --> 00:42:11.800
 I'll try to break down the question.

00:42:11.800 --> 00:42:16.400
 There is floodplain that is kind of wrapping around the proposed residential lock.

00:42:16.400 --> 00:42:23.240
 So you'll see the majority of the east side is floodplain and ESA and then there's a portion

00:42:23.240 --> 00:42:32.480
 of floodplain that goes around the west side where there's a gas well lot on there.

00:42:32.480 --> 00:42:40.660
 So they're required per our standards to, one, stay out of the floodplain and then have

00:42:40.660 --> 00:42:46.280
 a drainage easement or a floodplain easement along that.

00:42:46.280 --> 00:42:51.480
 I'm not sure about the very specific requirements related to that, but they do meet the minimum

00:42:51.480 --> 00:42:56.400
 drainage requirements in terms of making sure that there's no negative impact and that any

00:42:56.400 --> 00:43:04.160
 detention that's required that they are providing that, I apologize, I'm not sure if I answered

00:43:04.160 --> 00:43:05.880
 your question fully.

00:43:05.880 --> 00:43:09.640
 So I mean, you're in the right family.

00:43:09.640 --> 00:43:12.280
 So you partially answered it.

00:43:12.280 --> 00:43:21.760
 I guess my two concerns are, one, during construction, as we impact this property, that ESA to the

00:43:21.760 --> 00:43:32.480
 east and the floodplain is going to have soil creep and erosion that we specifically prohibit.

00:43:32.480 --> 00:43:42.160
 It's just a given, there's no amount of little hay bale berms that's going to stop that.

00:43:42.160 --> 00:43:47.440
 And so I guess I'm at a loss to see how we're covering 735B.

00:43:47.440 --> 00:43:52.400
 And then on top of that, I worry about the future homeowners with that floodplain being

00:43:52.400 --> 00:43:55.760
 right there.

00:43:55.760 --> 00:44:04.000
 I live here along Cooper Creek and you can see the impacts of poor development as we've

00:44:04.000 --> 00:44:10.000
 talked about in previous meetings where these bends and curves just flood out neighbors

00:44:10.000 --> 00:44:14.360
 who the old code was allowed to get too close to the creeks when they flood.

00:44:14.360 --> 00:44:16.720
 And it's a huge financial impact on the city.

00:44:16.720 --> 00:44:19.360
 We have to dredge it, drain it.

00:44:19.360 --> 00:44:23.560
 We have to do terrible things to the environment to keep those property owners safe.

00:44:23.560 --> 00:44:28.040
 And it should have just not been, a few of these lots should have just never been built

00:44:28.040 --> 00:44:29.040
 in the first place.

00:44:29.040 --> 00:44:34.840
 And these are very similar kinds of lots where there's a slowdown and you're going to get

00:44:34.840 --> 00:44:39.800
 those, even if it's not 100 year flood, you're going to flood out on a road, their property.

00:44:39.800 --> 00:44:42.440
 And we see that all over our creek beds.

00:44:42.440 --> 00:44:48.400
 And I just would like to see that we're sort of following our own guidelines and some of

00:44:48.400 --> 00:44:53.640
 those lots we don't put in, even though they're profitable, maybe the rest of this development

00:44:53.640 --> 00:44:56.200
 is fine, but a lot of those lots are just going to flood out.

00:44:56.200 --> 00:45:02.280
 And we know it and it's just challenging to then vote for something when I know some future

00:45:02.280 --> 00:45:05.240
 property owner is going to get flooded out.

00:45:05.240 --> 00:45:10.600
 So I guess that was more of a diatribe and a comment than a question to you.

00:45:10.600 --> 00:45:18.720
 But maybe you could address the 735D where the construction silting of that little ESA

00:45:18.720 --> 00:45:19.720
 to the east.

00:45:19.720 --> 00:45:21.680
 I know we're not allowed to have impacts on ESAs.

00:45:21.680 --> 00:45:22.680
 Yes.

00:45:22.680 --> 00:45:27.280
 So I could sort of, I could do my best to address that item.

00:45:27.280 --> 00:45:30.400
 I did go back to the code to look at the reference that you brought up.

00:45:30.400 --> 00:45:37.800
 So I believe if I understand it correctly, it's really referencing what we actually look

00:45:37.800 --> 00:45:40.080
 at the permitting process.

00:45:40.080 --> 00:45:49.040
 So when our applicant gets to their permit, they have to provide a, I believe they have

00:45:49.040 --> 00:45:53.240
 to get an inspection regarding their erosion control.

00:45:53.240 --> 00:45:57.880
 And if I take a step back from that, a lot of that is actually addressed with the civil

00:45:57.880 --> 00:45:59.480
 engineering plans.

00:45:59.480 --> 00:46:03.520
 So those have to be approved before we can take the final plan forward.

00:46:03.520 --> 00:46:10.080
 But during the civil engineering plan process or review, we do have our water administration

00:46:10.080 --> 00:46:12.920
 folks and engineering look at that.

00:46:12.920 --> 00:46:18.520
 They look at the erosion control plan along with their grading plans to make sure that

00:46:18.520 --> 00:46:20.240
 there's no negative impact.

00:46:20.240 --> 00:46:25.080
 And so that's when it goes back to the permit that they're basically putting in what they

00:46:25.080 --> 00:46:30.440
 said they were going to put in to make sure that, again, as you mentioned, that there's

00:46:30.440 --> 00:46:40.720
 no sediment release and without knowing the lingo, you know, that they're not disturbing

00:46:40.720 --> 00:46:46.640
 the ESA or the floodplain to the adjacent property.

00:46:46.640 --> 00:46:51.760
 But I do want to point out that the applicant is on the line and they could probably better

00:46:51.760 --> 00:46:56.000
 address kind of those drainage issues.

00:46:56.000 --> 00:47:00.640
 Overall, drainage is addressed during the civil engineering plan.

00:47:00.640 --> 00:47:05.520
 So without being an engineer, I can just, I can confirm that that was addressed.

00:47:05.520 --> 00:47:06.520
 It was reviewed.

00:47:06.520 --> 00:47:09.040
 And staff did look at that.

00:47:09.040 --> 00:47:10.960
 I can't provide you the specifics.

00:47:10.960 --> 00:47:14.720
 I'm not too familiar with everything that goes into that process.

00:47:14.720 --> 00:47:20.160
 And I'm not sure, Richard, if we need to get one of the engineers on the call to answer

00:47:20.160 --> 00:47:21.160
 this question.

00:47:21.160 --> 00:47:30.160
 But the applicant is available if you do have questions related to that specifically.

00:47:30.160 --> 00:47:35.760
 The only thing I'd like to add is 735 isn't necessarily a subdivision regulation.

00:47:35.760 --> 00:47:37.880
 It's more of a regulation that deals with permitting.

00:47:37.880 --> 00:47:42.440
 So these are things that are addressed after the plat is approved and has to do with actual

00:47:42.440 --> 00:47:47.180
 the land disturbing activities once that permit is issued for construction.

00:47:47.180 --> 00:47:52.760
 So that is all reviewed at the time of the pre-construction meeting, both with public

00:47:52.760 --> 00:47:59.440
 works inspections, water, building, and the like.

00:47:59.440 --> 00:48:03.440
 And so they go over all of these permitting requirements, making sure the SWP is up, construction

00:48:03.440 --> 00:48:05.920
 notice sign, and everything else.

00:48:05.920 --> 00:48:08.440
 I appreciate that clarification, Richard.

00:48:08.440 --> 00:48:16.640
 The thing that concerns me is when we, that we should take a comprehensive view.

00:48:16.640 --> 00:48:24.720
 And I know that y'all do, but if you wait until you've achieved that stage of development

00:48:24.720 --> 00:48:29.600
 where that particular chapter, even though guidance is in that chapter saying thou shalt

00:48:29.600 --> 00:48:37.120
 not or thou shalt, if you wait until you achieve that stage, then it is often too late and

00:48:37.120 --> 00:48:43.400
 a fait accompli to be able to provide guidance because of the way we phase out these developments.

00:48:43.400 --> 00:48:49.320
 So the fact that it's in our DDC, in our language implies that we think it's important and provides

00:48:49.320 --> 00:48:56.360
 backup for not letting this get so far into the process that we can't back out or make

00:48:56.360 --> 00:49:05.400
 changes that would otherwise let this project go through without the impacts.

00:49:05.400 --> 00:49:10.700
 You sometimes get to where I can't not have that particular lot there or that road there

00:49:10.700 --> 00:49:17.700
 without changes because I've already approved it in an earlier stage.

00:49:17.700 --> 00:49:22.620
 I think it's important to note, though, that if they're meeting our standards, if it becomes

00:49:22.620 --> 00:49:26.780
 an enforcement issue, then we deal with it that way.

00:49:26.780 --> 00:49:32.160
 But I don't think we can review these and automatically assume things are going to fail,

00:49:32.160 --> 00:49:33.820
 it's not going to work.

00:49:33.820 --> 00:49:38.160
 If they're meeting the standard, then we have to trust the updated standards that we put

00:49:38.160 --> 00:49:42.120
 in place, very different than what we had in place 10, 15 years ago.

00:49:42.120 --> 00:49:43.120
 >> All right.

00:49:43.120 --> 00:49:44.120
 I appreciate it.

00:49:44.120 --> 00:49:45.120
 Thank you, Richard.

00:49:45.120 --> 00:49:46.120
 Thank you, Karina.

00:49:46.120 --> 00:49:47.120
 >> Sorry about that.

00:49:47.120 --> 00:49:48.120
 The mute button got me.

00:49:48.120 --> 00:49:49.440
 Any other questions for Item 4C for Karina?

00:49:49.440 --> 00:49:50.440
 Okay.

00:49:50.440 --> 00:49:51.440
 Thank you very much.

00:49:51.440 --> 00:49:52.440
 Moving on to Item 4D, PP20-4.

00:49:52.440 --> 00:50:11.920
 This item will be presented by Julie Wyatt.

00:50:11.920 --> 00:50:21.400
 Julie, whenever you're ready, the floor is yours.

00:50:21.400 --> 00:50:26.960
 >> Okay.

00:50:26.960 --> 00:50:40.120
 Good evening, I'm Julie Wyatt, senior planner with the city of Denton, and this one might

00:50:40.120 --> 00:50:41.600
 look really familiar to you.

00:50:41.600 --> 00:50:48.720
 You just recently saw a plan development amendment for this piece of property for the preserve

00:50:48.720 --> 00:50:50.800
 at Pecan Creek.

00:50:50.800 --> 00:50:54.000
 They are moving forward with their preliminary plan.

00:50:54.000 --> 00:50:55.480
 We are recommending denial.

00:50:55.480 --> 00:50:58.320
 It does not quite meet the standards yet.

00:50:58.320 --> 00:51:01.080
 There are some corrections they need to make.

00:51:01.080 --> 00:51:06.800
 So they have requested an extension to the November 4th meeting.

00:51:06.800 --> 00:51:09.760
 >> Great.

00:51:09.760 --> 00:51:10.760
 Thank you.

00:51:10.760 --> 00:51:11.760
 Any questions on this?

00:51:11.760 --> 00:51:15.560
 We will see it in three weeks or so.

00:51:15.560 --> 00:51:17.360
 Thank you, Julie.

00:51:17.360 --> 00:51:28.120
 This item is Item 4E, which is FR20-0008A, and this item will be presented by Ron McGuida.

00:51:28.120 --> 00:51:30.840
 >> Thank you, Chair.

00:51:30.840 --> 00:51:42.960
 Let me pull up the presentation.

00:51:42.960 --> 00:51:43.960
 Good afternoon.

00:51:43.960 --> 00:51:50.200
 This is a final replat application that was initially recommended for denial that was

00:51:50.200 --> 00:51:57.680
 included in the Friday packet, however, since the packet was sent out, the staff was able

00:51:57.680 --> 00:52:04.640
 to work with the applicant to obtain and review HOA documents, and that was really the main

00:52:04.640 --> 00:52:07.400
 reason for the recommended denial.

00:52:07.400 --> 00:52:13.940
 However, like I said earlier, they have submitted their HOA documents, and our legal staff has

00:52:13.940 --> 00:52:21.000
 reviewed it, and there are no other outstanding comments for this final replat.

00:52:21.000 --> 00:52:26.640
 Therefore, the recommendation is now amended for a recommendation of approval as it meets

00:52:26.640 --> 00:52:34.600
 all the criteria of approval for a final replat, and I'll be happy to stand for your questions.

00:52:34.600 --> 00:52:38.200
 >> Any questions for Ron on this item?

00:52:38.200 --> 00:52:39.200
 Okay.

00:52:39.200 --> 00:52:42.040
 I did not see any.

00:52:42.040 --> 00:52:43.040
 Thank you, Ron.

00:52:43.040 --> 00:53:00.520
 Next item of business is item 4 FPZ20-223, and this is -- I think my pages are out of

00:53:00.520 --> 00:53:01.520
 order.

00:53:01.520 --> 00:53:06.360
 Is this Ron or Richard?

00:53:06.360 --> 00:53:07.360
 >> This will be me.

00:53:07.360 --> 00:53:08.360
 >> Okay.

00:53:08.360 --> 00:53:09.360
 Great.

00:53:09.360 --> 00:53:10.360
 Sorry.

00:53:10.360 --> 00:53:21.320
 >> We'll go ahead and share this screen.

00:53:21.320 --> 00:53:28.760
 So this is the Development Code Review Committee portion of the agenda where we are seeking

00:53:28.760 --> 00:53:35.440
 a selection of a new DCRC member to represent the Planning Zoning Commission.

00:53:35.440 --> 00:53:40.360
 Again, the purpose of the DCRC Development Code Review Committee is to assist in the code

00:53:40.360 --> 00:53:47.080
 amendments, provide guidance, help prioritize, and review the draft amendments with the ultimate

00:53:47.080 --> 00:53:52.240
 objective to provide recommendation to the full City Council.

00:53:52.240 --> 00:53:58.120
 This is currently the makeup of the DCRC, three City Council members.

00:53:58.120 --> 00:54:03.600
 John Ryan serves as Chair, Keely Briggs serves as Vice Chair, and Chris Watts also serves

00:54:03.600 --> 00:54:05.720
 on the Committee.

00:54:05.720 --> 00:54:11.520
 Three Planning Zoning Commissioners are Andrew Rozell, Chair Andrew Rozell, and Vice Chair

00:54:11.520 --> 00:54:16.200
 Margie Ellis also serves on the Committee, or did on the Committee.

00:54:16.200 --> 00:54:21.400
 And we have a vacancy, and that is one that was held by Larry Beck, who is no longer with

00:54:21.400 --> 00:54:23.200
 the Planning Zoning Commission.

00:54:23.200 --> 00:54:30.400
 So what staff is seeking is for the Commission to nominate and select a Commissioner for

00:54:30.400 --> 00:54:33.440
 the DCRC.

00:54:33.440 --> 00:54:37.000
 This is, again, the schedule that we have, you've already seen this.

00:54:37.000 --> 00:54:42.400
 We hope to, as soon as we select a member from the Planning Zoning Commission, to start

00:54:42.400 --> 00:54:48.120
 holding our DCRC meetings to go over those categories that we discussed in an earlier

00:54:48.120 --> 00:54:50.360
 work session item.

00:54:50.360 --> 00:54:55.680
 With that, I'll stand for any questions and/or see where we go with the selection.

00:54:55.680 --> 00:55:00.440
 Ron, I have a couple questions that would be helpful.

00:55:00.440 --> 00:55:07.400
 We will take any nominations during the actual public hearing, public meeting, not now, right?

00:55:07.400 --> 00:55:15.280
 And then two, is there a preliminary schedule for my and Margie's notification, but also

00:55:15.280 --> 00:55:17.480
 for someone maybe considering this?

00:55:17.480 --> 00:55:22.720
 The frequency and duration of the meetings would be helpful, I think, to anyone accepting

00:55:22.720 --> 00:55:23.960
 a nomination for this.

00:55:23.960 --> 00:55:32.680
 And then lastly, can you remind me of the turnover date for council with the election

00:55:32.680 --> 00:55:33.960
 being in November?

00:55:33.960 --> 00:55:43.040
 When will Mayor Watts actually roll off service?

00:55:43.040 --> 00:55:47.500
 And Richard can correct me if I'm wrong, Cynthia, I understand that the swearing-in is on November

00:55:47.500 --> 00:55:52.640
 7-10?

00:55:52.640 --> 00:55:59.080
 So that leads me maybe to the logical question, is two members of the council representation

00:55:59.080 --> 00:56:04.720
 will serve half the duration of this project and then will bring in, theoretically, two

00:56:04.720 --> 00:56:08.000
 new council members to serve for the other half?

00:56:08.000 --> 00:56:18.240
 I just maybe throw out the proficiency of the project if two members have a turnover

00:56:18.240 --> 00:56:22.180
 mid-service of a pretty short sprint of a project.

00:56:22.180 --> 00:56:29.160
 I think the intent was to get the DCRC going and we understand there will be at least one

00:56:29.160 --> 00:56:32.960
 for sure that will not be at the DCRC.

00:56:32.960 --> 00:56:40.480
 Hopefully we will be going along sooner and we can get some items identified and discussed.

00:56:40.480 --> 00:56:46.400
 And when we get to that point, we'll transition to some of the items where we can and hopefully

00:56:46.400 --> 00:56:50.360
 that next person or persons can fill in that void.

00:56:50.360 --> 00:56:53.560
 Okay, and then the question of scheduling?

00:56:53.560 --> 00:56:58.520
 Yes, as far as scheduling, we know that it's going to be at least two hours.

00:56:58.520 --> 00:57:00.840
 We know that that's worked in the past.

00:57:00.840 --> 00:57:04.880
 An hour would just seem too short and then anything more than two hours would just wait

00:57:04.880 --> 00:57:05.880
 too long.

00:57:05.880 --> 00:57:09.120
 So between an hour and a half to two is what we're looking for.

00:57:09.120 --> 00:57:13.840
 As how often I think it's going to be initially, maybe every week.

00:57:13.840 --> 00:57:19.080
 However, that can change depending on how soon we can get things turned around or prepared

00:57:19.080 --> 00:57:21.160
 for the committee to review.

00:57:21.160 --> 00:57:26.920
 So I would say the first, maybe first couple of weeks will be every week and then adjust

00:57:26.920 --> 00:57:28.480
 after that.

00:57:28.480 --> 00:57:31.520
 But again, the length of the meeting would most likely be around an hour and a half to

00:57:31.520 --> 00:57:32.520
 two hours.

00:57:32.520 --> 00:57:33.520
 Okay.

00:57:33.520 --> 00:57:36.600
 Commissioner Beck, I think you had a question.

00:57:36.600 --> 00:57:42.300
 Yeah, I just actually agree with Ron on that, Chair.

00:57:42.300 --> 00:57:50.040
 If you and Margie are going to stay on, sorry, Commissioner Ellis, are going to stay on that

00:57:50.040 --> 00:57:57.320
 committee, then your expertise and existing knowledge would help guide any flopping of

00:57:57.320 --> 00:58:00.460
 council members of the committee.

00:58:00.460 --> 00:58:05.120
 So I think having some stability would help in that transition and I don't know how you

00:58:05.120 --> 00:58:08.900
 would avoid the transition of council members otherwise.

00:58:08.900 --> 00:58:09.900
 So that was my comment.

00:58:09.900 --> 00:58:10.900
 Thank you, Chair.

00:58:10.900 --> 00:58:13.400
 That's a good point taken.

00:58:13.400 --> 00:58:19.880
 I guess my counter would be appoint members of council that aren't subject to being turned

00:58:19.880 --> 00:58:21.840
 over readily.

00:58:21.840 --> 00:58:27.720
 There's three other council members, two other council members, there's members that would

00:58:27.720 --> 00:58:28.720
 remain.

00:58:28.720 --> 00:58:30.920
 Commissioner Ellis, you had a question?

00:58:30.920 --> 00:58:31.920
 Yeah.

00:58:31.920 --> 00:58:32.920
 Thank you, Chair.

00:58:32.920 --> 00:58:36.440
 Ron, are you still talking about Friday morning as we have done in the past?

00:58:36.440 --> 00:58:40.440
 You know, Commissioner Ellis, one of the things that we'll do, and I know this is probably

00:58:40.440 --> 00:58:47.720
 part of the decision-making factor, we hope to send out a survey to see who's able and

00:58:47.720 --> 00:58:51.480
 how many are able to meet on a certain date and we'll have to make a decision at that

00:58:51.480 --> 00:58:52.480
 point.

00:58:52.480 --> 00:58:59.520
 Friday's worked just because it was flexible in the people that were in the DCRC at the

00:58:59.520 --> 00:59:00.520
 time.

00:59:00.520 --> 00:59:01.520
 That may be different.

00:59:01.520 --> 00:59:06.600
 So I can't say it's Friday, but something that we probably should consider.

00:59:06.600 --> 00:59:07.600
 Understood.

00:59:07.600 --> 00:59:10.720
 Thank you.

00:59:10.720 --> 00:59:12.800
 Okay.

00:59:12.800 --> 00:59:16.360
 We'll revisit this in public hearing unless there's any questions.

00:59:16.360 --> 00:59:17.360
 Yes.

00:59:17.360 --> 00:59:18.360
 Okay.

00:59:18.360 --> 00:59:19.360
 Great.

00:59:19.360 --> 00:59:23.200
 Let's go ahead and move into the public hearing section of the agenda.

00:59:23.200 --> 00:59:29.640
 We'll start with item 5A, DCA 20-0004.

00:59:29.640 --> 00:59:36.680
 This looks like it'll be presented by Richard.

00:59:36.680 --> 00:59:38.400
 Ron's going to go ahead and take this one.

00:59:38.400 --> 00:59:40.600
 Sounds good.

00:59:40.600 --> 00:59:43.280
 All right.

00:59:43.280 --> 00:59:46.440
 I know I have a presentation in here.

00:59:46.440 --> 00:59:51.160
 Give me a few minutes to pull it up.

00:59:51.160 --> 00:59:56.440
 One second.

00:59:56.440 --> 01:00:08.720
 While Ron's pulling that up, I just wanted to note that thanks to Commissioner Ellis

01:00:08.720 --> 01:00:17.320
 pointed it out, in the draft ordinance, for some reason, if you look at the P pluses across,

01:00:17.320 --> 01:00:21.520
 there's not a plus added.

01:00:21.520 --> 01:00:25.320
 I think it's the highway commercial.

01:00:25.320 --> 01:00:31.280
 What happened was it just got cut off in that box as we were formatting, so it is a P plus

01:00:31.280 --> 01:00:32.280
 straight across.

01:00:32.280 --> 01:00:39.080
 So really all this amendment is doing is just adding a P plus to the column to permit the

01:00:39.080 --> 01:00:42.160
 use within MN.

01:00:42.160 --> 01:00:50.600
 Chair, members of the commission, I forgot to attach the PowerPoint presentation, but

01:00:50.600 --> 01:00:53.480
 I will make sure to have that as part of the public hearing.

01:00:53.480 --> 01:00:59.320
 But as far as the work session is concerned, as we consider this item, it's a code amendment

01:00:59.320 --> 01:01:08.960
 to the tattoo and piercing parlor use table in subchapter five of the development code.

01:01:08.960 --> 01:01:14.680
 Currently there are a number of these types of businesses, tattoo and piercing parlors,

01:01:14.680 --> 01:01:22.000
 in the city that were approved and legally started back before the 2019 code.

01:01:22.000 --> 01:01:29.440
 Either they were zoned NRMU 12 or NRMU, however, due to the transition to the new then development

01:01:29.440 --> 01:01:35.360
 code, 2019 development code, those properties that were zoned, those zoning districts were

01:01:35.360 --> 01:01:42.960
 transferred into or transitioned into an MN zoning district with the adoption of the 2019

01:01:42.960 --> 01:01:43.960
 code.

01:01:43.960 --> 01:01:50.160
 However, that particular zoning district did not permit or does not permit currently the

01:01:50.160 --> 01:01:52.840
 tattoo and piercing parlors.

01:01:52.840 --> 01:02:01.720
 So what we have is a number of uses that are now non-conforming, a total of seven of those

01:02:01.720 --> 01:02:07.360
 that are currently in place are zoned, are within a zoning of MN.

01:02:07.360 --> 01:02:14.640
 So what staff is proposing is to address the non-conformity by adding a P plus to the MN

01:02:14.640 --> 01:02:21.360
 zoning district for tattoo and piercing parlor, and what that will do is bring those seven

01:02:21.360 --> 01:02:24.520
 businesses into illegal statuses.

01:02:24.520 --> 01:02:30.680
 The plus specifically is a use specific standard, and what that is basically is that they must

01:02:30.680 --> 01:02:35.040
 comply with the state requirements under that type of use.

01:02:35.040 --> 01:02:37.720
 And that's it, that's all that's under the use specific standard.

01:02:37.720 --> 01:02:42.240
 So I apologize, I don't have the presentation for you during the work session, but I'll

01:02:42.240 --> 01:02:48.460
 make sure that what I'm referring to is illustrated in the public hearing section of this agenda.

01:02:48.460 --> 01:02:54.160
 Great, is there any questions?

01:02:54.160 --> 01:02:55.160
 Commissioner Ellis.

01:02:55.160 --> 01:02:56.160
 Thank you, Chair.

01:02:56.160 --> 01:03:00.040
 Ron, I'm just curious, was this staff initiated or did some of these business owners come

01:03:00.040 --> 01:03:01.040
 to you?

01:03:01.040 --> 01:03:08.360
 I think, well, we definitely were asked to start this process, but it's being brought

01:03:08.360 --> 01:03:12.420
 forward as a staff initiated code amendment.

01:03:12.420 --> 01:03:14.420
 Thank you.

01:03:14.420 --> 01:03:17.960
 Any other questions?

01:03:17.960 --> 01:03:20.120
 Okay, great.

01:03:20.120 --> 01:03:27.360
 Let's move on to item 5B, S20-0005.

01:03:27.360 --> 01:03:32.480
 This item is to be presented by Sean Jacobson.

01:03:32.480 --> 01:03:40.480
 Good evening, Chair and members of the commission.

01:03:40.480 --> 01:04:08.280
 I'm just going to pull up my presentation here.

01:04:08.280 --> 01:04:09.280
 Okay.

01:04:09.280 --> 01:04:10.280
 So, good evening.

01:04:10.280 --> 01:04:17.560
 I am here to present S20-0005, which is a request for a specific use permit for a minor

01:04:17.560 --> 01:04:25.560
 automotive repair use on about a 0.201 acre site, generally located on the west side of

01:04:25.560 --> 01:04:31.200
 South Elm Street, just northwest of, north of the northwest corner of South Elm Street

01:04:31.200 --> 01:04:34.920
 and West Highland Street.

01:04:34.920 --> 01:04:39.880
 This is required, a specific use permit is required for the minor automotive use within

01:04:39.880 --> 01:04:42.320
 the MN zoning district.

01:04:42.320 --> 01:04:47.720
 This is a currently developed site, has an existing building, and that's had a range

01:04:47.720 --> 01:04:52.840
 of uses, which in the past has included automotive repair as well as air conditioner repair,

01:04:52.840 --> 01:05:00.640
 legal office, auto sales, and the opt-in is now wanting to pursue a tire shop in that

01:05:00.640 --> 01:05:01.640
 location.

01:05:01.640 --> 01:05:06.560
 So, as you can see here, this is the site plan they proposed.

01:05:06.560 --> 01:05:11.620
 They would be working entirely within the existing building and not proposing any expansions

01:05:11.620 --> 01:05:12.620
 or additions.

01:05:12.620 --> 01:05:16.000
 They do have the required amount of parking spaces.

01:05:16.000 --> 01:05:21.080
 The one change which we'll discuss a little bit later is the replacement of the existing

01:05:21.080 --> 01:05:26.920
 visible dumpster with dumpster on casters that could be moved back behind the existing

01:05:26.920 --> 01:05:31.240
 fence on the site.

01:05:31.240 --> 01:05:36.240
 The surrounding development, as you can see, includes commercial and mixed use commercial

01:05:36.240 --> 01:05:43.040
 to the north, a variety of auto repair and auto sales uses there to the east, and then

01:05:43.040 --> 01:05:48.160
 duplex residential dwellings to the south and west.

01:05:48.160 --> 01:05:54.040
 And again, this is an existing building that's been there, I believe over 25 years, not proposed

01:05:54.040 --> 01:06:01.800
 to be changed with this, just to bring in this use, which now requires the SEP.

01:06:01.800 --> 01:06:08.520
 You're familiar, we have our general approval criteria as well as specific criteria for

01:06:08.520 --> 01:06:16.880
 the SEP and we'll touch specifically on kind of the key elements that apply to this site.

01:06:16.880 --> 01:06:20.320
 One of the big ones we always look at is the compatibility of the proposed use with the

01:06:20.320 --> 01:06:21.680
 surrounding area.

01:06:21.680 --> 01:06:24.480
 This is a mixed use corridor area.

01:06:24.480 --> 01:06:28.520
 So as you saw, we have a variety of commercial and residential uses.

01:06:28.520 --> 01:06:32.920
 This fits in with that pattern, the proposed use is similar to a previous minor automotive

01:06:32.920 --> 01:06:35.680
 repair that's actually existed on the site.

01:06:35.680 --> 01:06:40.120
 And as I said, the building's been there for an extended period of time.

01:06:40.120 --> 01:06:44.040
 We see this as a neighborhood serving commercial use, which is an important part of a mixed

01:06:44.040 --> 01:06:45.640
 use area.

01:06:45.640 --> 01:06:50.820
 Surrounding properties zone similarly, MN, and it's developed, there's certainly potential

01:06:50.820 --> 01:06:57.300
 for redevelopment, but this is not expected to limit that potential.

01:06:57.300 --> 01:07:01.760
 Another real important thing to look at is mitigating any potential negative impacts.

01:07:01.760 --> 01:07:05.640
 One of those is noise, and so that's addressed in two ways.

01:07:05.640 --> 01:07:10.320
 All of the bays point away from the adjacent residential.

01:07:10.320 --> 01:07:16.520
 In addition, staff has recommended and the applicant has agreed with a condition of approval

01:07:16.520 --> 01:07:21.440
 that all work will be performed inside bays, no work will be done outside of it in order

01:07:21.440 --> 01:07:25.320
 to limit the effect of any of the tools that are being used.

01:07:25.320 --> 01:07:30.460
 Another important consideration is the visual effect as well as the effect of the refuse

01:07:30.460 --> 01:07:32.360
 storage area.

01:07:32.360 --> 01:07:35.040
 Use specific standards already apply.

01:07:35.040 --> 01:07:39.520
 All storage of equipment, auto parts, supplies that they use in the servicing of the vehicles

01:07:39.520 --> 01:07:40.840
 needs to be inside.

01:07:40.840 --> 01:07:45.160
 However, we've added and the applicant has agreed to additional condition of approval

01:07:45.160 --> 01:07:49.360
 that no wrecked or inoperable vehicles may be stored on site, so you're not going to

01:07:49.360 --> 01:07:52.900
 have junk cars sitting in the back there.

01:07:52.900 --> 01:07:58.920
 In addition, and this goes to the dumpster that I referenced earlier, and as you can

01:07:58.920 --> 01:08:06.280
 see there right now, it's in full view adjacent to the right of way, and we as a condition

01:08:06.280 --> 01:08:10.520
 of approval, we've recommended and the applicant has agreed that at the applicant's expense

01:08:10.520 --> 01:08:16.760
 that will be replaced with a dumpster of similar capacity on casters that will be stored behind

01:08:16.760 --> 01:08:17.760
 the fence.

01:08:17.760 --> 01:08:22.240
 You can see there and just rolled out on the pickup day and then put back, which removes

01:08:22.240 --> 01:08:28.460
 a current aesthetic down point of the site and takes away, you know, the presence of

01:08:28.460 --> 01:08:32.800
 a dumpster regularly on the border with neighboring properties, as well as the right of way.

01:08:32.800 --> 01:08:35.880
 So that condition of approval helps mitigate that issue.

01:08:35.880 --> 01:08:42.560
 Finally, it's always important to look at compatibility with the overall comprehensive

01:08:42.560 --> 01:08:43.560
 plan.

01:08:43.560 --> 01:08:46.880
 This is part of the downtown compatibility area.

01:08:46.880 --> 01:08:51.800
 And so uses in this area are intended to provide compatibility between downtown Jason residential

01:08:51.800 --> 01:08:53.120
 and commercial.

01:08:53.120 --> 01:08:56.560
 And one important part of that is providing neighborhoods serving commercial in a scale

01:08:56.560 --> 01:08:59.000
 and form that's sensitive to the surrounding built context.

01:08:59.000 --> 01:09:04.000
 So again, we're talking about a building that has existed for a long time.

01:09:04.000 --> 01:09:09.040
 They're proposing to bring in a neighborhood serving commercial use.

01:09:09.040 --> 01:09:13.200
 It is consistent with the goal of providing neighborhood serving commercial in that area.

01:09:13.200 --> 01:09:22.200
 It also meets DP 2030 goals of developing a long corridors, which is this is a primary

01:09:22.200 --> 01:09:25.720
 arterial and facilitating non residential adaptive reuse existing buildings.

01:09:25.720 --> 01:09:29.620
 We have an existing commercial building that's currently not being used.

01:09:29.620 --> 01:09:35.840
 This would provide a commercial use in that fighting stability.

01:09:35.840 --> 01:09:37.760
 Providing adequate public facilities is also important.

01:09:37.760 --> 01:09:44.080
 They looked at traffic generation would be a morning peak hour generation of about 11

01:09:44.080 --> 01:09:46.160
 trips, evening peak of 13 trips.

01:09:46.160 --> 01:09:50.800
 As this is a primary arterial use is similar to most recent previous use.

01:09:50.800 --> 01:09:56.720
 It's not expected to have negative effects that traffic generation.

01:09:56.720 --> 01:10:00.480
 We've addressed solid waste, which will be handled by that dumpster, which will now be

01:10:00.480 --> 01:10:02.240
 out of sight.

01:10:02.240 --> 01:10:05.240
 Water and wastewater and other utilities are already provided to the site.

01:10:05.240 --> 01:10:10.680
 No changes will be necessitated if this use is approved.

01:10:10.680 --> 01:10:18.000
 We did as a standard, provide the newspaper and property posting mailed out notices.

01:10:18.000 --> 01:10:25.480
 We did receive two responses in opposition and those were included in your backup neighborhood

01:10:25.480 --> 01:10:28.320
 zoom meeting was also held.

01:10:28.320 --> 01:10:35.200
 One neighbor did attend expressed concerns about noise and traffic generation, had some

01:10:35.200 --> 01:10:39.320
 conditional concerns, but was one of the two that wrote in a letter.

01:10:39.320 --> 01:10:44.920
 So you've had a chance to review the full concerns there.

01:10:44.920 --> 01:10:51.480
 So with that staff is recommending approval with the following conditions because based

01:10:51.480 --> 01:10:56.000
 on having those approval conditions, this does meet all of the criteria for approval

01:10:56.000 --> 01:10:58.280
 and is consistent with plan 2030.

01:10:58.280 --> 01:11:04.800
 Again, not that the conditions related to the rolling dumpster that all work on vehicles

01:11:04.800 --> 01:11:08.840
 will be conducted inside vehicle bays and shall not be performed outside and that there

01:11:08.840 --> 01:11:12.400
 shall be no storage of wrecked or inoperable cars on the site.

01:11:12.400 --> 01:11:16.840
 So with that, that concludes my presentation and I'm happy to answer any questions you

01:11:16.840 --> 01:11:17.840
 have.

01:11:17.840 --> 01:11:18.840
 Okay.

01:11:18.840 --> 01:11:19.840
 Mr. Smith.

01:11:19.840 --> 01:11:29.680
 Hey, Karen, Sean, so it was, it was a minor repair auto shop and is it, it's currently

01:11:29.680 --> 01:11:30.680
 vacant.

01:11:30.680 --> 01:11:31.680
 You said now.

01:11:31.680 --> 01:11:38.200
 So there's when was, when was that minor, when was that last tenant in there?

01:11:38.200 --> 01:11:41.880
 It was within the last year that, that, uh, that you ceased.

01:11:41.880 --> 01:11:42.880
 Okay.

01:11:42.880 --> 01:11:48.120
 Cause a lot of, a lot of the citizen comments have been in regards to the ways and not wanting

01:11:48.120 --> 01:11:55.320
 to have those, you know, that, that use around, but that use has kind of always been there.

01:11:55.320 --> 01:11:57.440
 Do you know any history longer than the last year?

01:11:57.440 --> 01:12:02.880
 Has it been an auto shop for as long as that building's been there?

01:12:02.880 --> 01:12:05.640
 It kind of looks like it's designed to be an auto shop.

01:12:05.640 --> 01:12:11.320
 It has also previously been an air conditioning repair shop within the last 10 years.

01:12:11.320 --> 01:12:16.560
 It's hosted a law office, but as you say, the initial design there certainly was set

01:12:16.560 --> 01:12:19.440
 up for a minor automotive repair.

01:12:19.440 --> 01:12:20.440
 Okay.

01:12:20.440 --> 01:12:21.440
 Got it.

01:12:21.440 --> 01:12:22.440
 Thank you.

01:12:22.440 --> 01:12:23.440
 Chris, you're back.

01:12:23.440 --> 01:12:24.440
 Thank you, chair.

01:12:24.440 --> 01:12:31.400
 Um, yeah, can Sean King, similar to, to commissioner Smith's question, uh, when did the surrounding

01:12:31.400 --> 01:12:35.640
 residential, uh, come in, uh, I guess it's a duplex.

01:12:35.640 --> 01:12:37.120
 Uh, yes, sir.

01:12:37.120 --> 01:12:43.200
 That was, that use was, uh, I'm sorry, let me rephrase, uh, the building permit for that

01:12:43.200 --> 01:12:51.240
 was approved between last July and last September and construction completed this year.

01:12:51.240 --> 01:12:52.560
 So that's a new duplex.

01:12:52.560 --> 01:12:53.560
 Yes, sir.

01:12:53.560 --> 01:12:54.560
 Okay.

01:12:54.560 --> 01:12:56.240
 Previously it was a single family residence.

01:12:56.240 --> 01:12:57.240
 Thank you.

01:12:57.240 --> 01:12:58.240
 Great.

01:12:58.240 --> 01:12:59.240
 Uh, any other questions?

01:12:59.240 --> 01:13:00.240
 I don't see anything.

01:13:00.240 --> 01:13:01.240
 Thanks for the presentation, Sean.

01:13:01.240 --> 01:13:02.240
 Thank you, sir.

01:13:02.240 --> 01:13:16.200
 The next item of business is item five C ZC I 20 dash zero zero one D. This is Ron McGuida's

01:13:16.200 --> 01:13:17.200
 item.

01:13:17.200 --> 01:13:40.000
 Thank you, chair, um, let me share my presentation.

01:13:40.000 --> 01:13:43.220
 So for, um, Ron McGuida, principal plan with development services.

01:13:43.220 --> 01:13:49.960
 So for your consideration, uh, this evening is a public hearing item, um, a zoning, uh,

01:13:49.960 --> 01:13:55.480
 case, uh, rezoning, um, that is going to be presented by myself as well as Danny Shaw with

01:13:55.480 --> 01:13:56.480
 community services.

01:13:56.480 --> 01:13:59.280
 Um, she is the community services manager.

01:13:59.280 --> 01:14:00.280
 She is on the call.

01:14:00.280 --> 01:14:04.700
 So if there are any questions related to the, uh, proposed project, she will be hopefully

01:14:04.700 --> 01:14:07.580
 able to help answer those questions.

01:14:07.580 --> 01:14:14.320
 So the request inside location of the subject rezoning is located on loop 288, uh, it is

01:14:14.320 --> 01:14:22.160
 proposed to, um, change from SC suburban corridor to public facilities, which is PF.

01:14:22.160 --> 01:14:24.520
 It's approximately five acres, uh, in size.

01:14:24.520 --> 01:14:28.800
 It's of the existing building that you see there highlighted or surrounded in yellow.

01:14:28.800 --> 01:14:34.000
 Um, it is an existing commercial building with parking lots, a parking lot, um, and

01:14:34.000 --> 01:14:40.600
 again, located along loop 288, um, between, uh, the road and an existing substation.

01:14:40.600 --> 01:14:47.040
 Uh, this is just to illustrate the zoning change as you can see, the zoning will go

01:14:47.040 --> 01:14:54.960
 from this pink SC, uh, to if approved, uh, will be, uh, changed to a PF, uh, that will

01:14:54.960 --> 01:15:00.520
 make this entire area here, uh, one continuous zoning district.

01:15:00.520 --> 01:15:05.360
 So one of the things or a couple of things that we look at, um, in regards to any application,

01:15:05.360 --> 01:15:11.460
 there are 13, um, approval, uh, criteria, uh, applicable to all applications and they

01:15:11.460 --> 01:15:12.460
 are listed here.

01:15:12.460 --> 01:15:13.880
 I won't go through all of them.

01:15:13.880 --> 01:15:18.880
 However, I've highlighted three that I think is worth mentioning, uh, is the rezoning consistent

01:15:18.880 --> 01:15:21.400
 with the comprehensive plan?

01:15:21.400 --> 01:15:27.360
 Does the rezoning, uh, will, would it minimize any adverse impact on surrounding property?

01:15:27.360 --> 01:15:33.160
 And lastly, will the results of the rezoning, uh, will it have, uh, adequate public services

01:15:33.160 --> 01:15:34.160
 and facilities?

01:15:34.160 --> 01:15:39.560
 Um, these are some of the things that we look at and have, have answered and as part of

01:15:39.560 --> 01:15:46.920
 your backup, uh, in addition to the, um, approval criteria for all applications, there are also

01:15:46.920 --> 01:15:51.960
 criteria for approval for specifically zoning map amendment or rezonings.

01:15:51.960 --> 01:15:56.400
 And again, they are listed here and there are a total of seven.

01:15:56.400 --> 01:16:01.160
 Um, uh, I'll just briefly go through them consistent with the future language map, consistent

01:16:01.160 --> 01:16:05.960
 with any small area plans, uh, does it, um, is it consistent with the purpose statement

01:16:05.960 --> 01:16:12.880
 of what the proposed zoning district is, um, will, um, there have been a have been or will

01:16:12.880 --> 01:16:15.400
 be significant changes in the area.

01:16:15.400 --> 01:16:20.400
 Um, five, the intensity of the development in the new zoning district is not expected

01:16:20.400 --> 01:16:23.400
 to create any adverse impacts to surrounding properties.

01:16:23.400 --> 01:16:27.440
 Uh, six public facilities and services are available and adequate.

01:16:27.440 --> 01:16:33.400
 And seven, that the zoning, um, was, uh, original zoning was not, uh, an error in establishing

01:16:33.400 --> 01:16:36.400
 the current zoning.

01:16:36.400 --> 01:16:40.080
 So first, uh, is it consistent with the comprehensive plan?

01:16:40.080 --> 01:16:47.120
 Well, the proposed use, um, which is, I'm sorry, proposed zoning district is PF, um,

01:16:47.120 --> 01:16:53.120
 and looking at the surrounding zoning districts, uh, it is, um, going to put PF in line with

01:16:53.120 --> 01:16:55.480
 the other areas that is currently zoning PF.

01:16:55.480 --> 01:17:02.240
 Uh, it is a long loop 288, a very, um, um, appropriate, uh, area for PF.

01:17:02.240 --> 01:17:08.320
 Um, the proposed use, uh, development will help facilitate the opportunity to establish

01:17:08.320 --> 01:17:12.240
 some programs to serve our den community in need of need.

01:17:12.240 --> 01:17:18.000
 Uh, it is also looking at redevelopment, redeveloping the existing underutilized property.

01:17:18.000 --> 01:17:22.800
 And again, the last two bullets there are just that it complies with the development

01:17:22.800 --> 01:17:29.600
 standards and the setback requirements under, uh, the development code.

01:17:29.600 --> 01:17:36.860
 How is it, um, as far as the surrounding properties, uh, where is it located in, in relationship

01:17:36.860 --> 01:17:42.640
 to some of the more sensitive uses and in this case, uh, single family homes, um, to

01:17:42.640 --> 01:17:47.000
 the north, as you can see, it's undeveloped, it's currently zone PF.

01:17:47.000 --> 01:17:52.720
 So the zoning to the north is, is going to be consistent or is, is, is PF.

01:17:52.720 --> 01:17:59.040
 To the west, uh, we have an existing sub station, uh, and then further to the west of that substation

01:17:59.040 --> 01:18:08.720
 is the, uh, residential neighborhood, a residential neighborhood, um, in the zoning for the substation

01:18:08.720 --> 01:18:14.280
 directly adjacent to the proposed zoning area is also zone PF.

01:18:14.280 --> 01:18:19.600
 To the south is undeveloped, as you can see here, um, there's, um, some proposals that

01:18:19.600 --> 01:18:24.640
 we've seen in the past, but nothing has really developed, uh, the, the zoning of that parcel

01:18:24.640 --> 01:18:28.780
 of parcels are zoned, uh, are seven residential seven.

01:18:28.780 --> 01:18:34.960
 And then to the east across, uh, loop 288 is some uses that the DPS building is there,

01:18:34.960 --> 01:18:40.560
 uh, FEMA's further to the south, uh, but in general, the area is undeveloped, um, and

01:18:40.560 --> 01:18:45.960
 the zoning consists of both PD as well as mixed use neighborhood.

01:18:45.960 --> 01:18:53.480
 Um, just to dive in a little bit more on how this, um, area is situated, again, the DME

01:18:53.480 --> 01:18:59.160
 substation, uh, sits between the proposed, um, zoning district or zoning area that's

01:18:59.160 --> 01:19:00.160
 under consideration.

01:19:00.160 --> 01:19:06.440
 Audra Meadows is to the west, uh, and then, um, Mockingbird Heights is even further to

01:19:06.440 --> 01:19:07.440
 the west.

01:19:07.440 --> 01:19:13.360
 Uh, Providence square is to the east across, uh, the high, um, the highway loop 288 and

01:19:13.360 --> 01:19:17.200
 other undeveloped properties.

01:19:17.200 --> 01:19:22.120
 We wanted to show just to illustrate how this is viewed from, uh, loop 288.

01:19:22.120 --> 01:19:25.440
 And I'm sure some of you may have already driven by this site.

01:19:25.440 --> 01:19:32.240
 As you can see, this is taken from the, um, loop 288, um, area and looking west, uh, there

01:19:32.240 --> 01:19:38.640
 are obviously some trees, uh, along the northern part of that lot, uh, as well as you can see

01:19:38.640 --> 01:19:46.200
 in the very, um, background, it's the substation, uh, that is, uh, surrounded by a masonry wall.

01:19:46.200 --> 01:19:54.640
 Um, my understanding the area along between the substation and the residential, um, neighborhood,

01:19:54.640 --> 01:20:00.160
 there are fences that basically border that neighborhood, um, to the west.

01:20:00.160 --> 01:20:07.440
 Uh, this slide here illustrates it even more, um, wanted to get close to between the substation

01:20:07.440 --> 01:20:09.880
 and the existing neighborhood.

01:20:09.880 --> 01:20:11.920
 Uh, there is a gap between there.

01:20:11.920 --> 01:20:17.800
 Uh, there are some trees and also again, between the masonry wall of the substation and the

01:20:17.800 --> 01:20:24.160
 residential neighborhood, there's also some fencing, existing fencing.

01:20:24.160 --> 01:20:30.120
 So one of the things that we look at as far as, uh, potentially adverse impact to, um,

01:20:30.120 --> 01:20:33.440
 the area, again, we're looking at a PF zoning district.

01:20:33.440 --> 01:20:39.480
 So this here list all, list all of the uses that are allowed under the public facilities

01:20:39.480 --> 01:20:40.480
 zoning district.

01:20:40.480 --> 01:20:46.360
 And again, I've highlighted a number of them, um, primarily as it relates to the proposed

01:20:46.360 --> 01:20:51.880
 use of the property, uh, future use community service is a permitted use, homeless shelter

01:20:51.880 --> 01:20:57.160
 is permitted use, administrative, professional, and government office is a permit use.

01:20:57.160 --> 01:21:01.680
 And this is one of the reasons why this zoning district was selected is because of those

01:21:01.680 --> 01:21:08.440
 three items or three uses that is primarily what will be if approved, uh, the uses that

01:21:08.440 --> 01:21:15.960
 will be associated with this building, um, proposed uses to be considered, um, I'm going

01:21:15.960 --> 01:21:20.840
 to turn this over to, um, to Danny, I think she's on the call.

01:21:20.840 --> 01:21:28.520
 Uh, she's, uh, better, um, informed as to the day to day and propose, um, uh, programs

01:21:28.520 --> 01:21:30.160
 that are proposed for this development.

01:21:30.160 --> 01:21:32.120
 So if I can have Danny chime in.

01:21:32.120 --> 01:21:43.680
 Hey, Danny Shaw, community services, uh, commissioners that we're looking at a proposed project that

01:21:43.680 --> 01:21:49.960
 would, uh, include a day shelter and an overnight shelter for people experiencing homelessness

01:21:49.960 --> 01:21:56.080
 and people who are at risk of homelessness, the services proposed would include, uh, supportive

01:21:56.080 --> 01:22:01.000
 services for people who are in need of assistance, especially you're dealing with the effects

01:22:01.000 --> 01:22:08.520
 of poverty with a primary focus on food security, providing meals and other resources for folks.

01:22:08.520 --> 01:22:14.880
 And then, um, our overall, it meets in alignment with our overall plan for our housing crisis

01:22:14.880 --> 01:22:20.060
 response system that helps people both maintain housing so they don't become homeless and

01:22:20.060 --> 01:22:28.960
 or provide them a shelter if they are homeless while they work towards the housing solution.

01:22:28.960 --> 01:22:30.920
 Thank you, Danny.

01:22:30.920 --> 01:22:38.680
 Um, the notifications for this, um, public hearing was sent out, um, in line with Texas

01:22:38.680 --> 01:22:39.880
 local government code.

01:22:39.880 --> 01:22:44.680
 Uh, we did send out notices to people within a turner feet.

01:22:44.680 --> 01:22:49.680
 Um, and those consisted only six, as you can see from the red, uh, there are not that

01:22:49.680 --> 01:22:53.480
 many, uh, properties that are within the two or two foot boundary.

01:22:53.480 --> 01:22:59.920
 Uh, we also sent out notices, uh, courtesy notices, postcards to property owners, not

01:22:59.920 --> 01:23:05.320
 just due to 500 feet, because we realized that 500 feet really wouldn't garner any,

01:23:05.320 --> 01:23:06.320
 um, input.

01:23:06.320 --> 01:23:10.540
 So what we did is we extended that, uh, notification to a thousand.

01:23:10.540 --> 01:23:17.760
 So those within a thousand feet of the subject site were sent a postcard, uh, notifying them

01:23:17.760 --> 01:23:22.080
 of the public hearing, public hearings, uh, related to this zoning case.

01:23:22.080 --> 01:23:27.920
 Um, initially we, we had intended to bring this public hearing item to you all earlier

01:23:27.920 --> 01:23:28.920
 this summer.

01:23:28.920 --> 01:23:38.240
 However, due to, um, uh, ownership, um, reasons we postponed it, um, but before then on June

01:23:38.240 --> 01:23:44.480
 4th, there was a virtual neighborhood meeting held by the city, uh, where we, um, heard

01:23:44.480 --> 01:23:47.240
 from the community, uh, that called in.

01:23:47.240 --> 01:23:51.480
 Uh, there were a number of folks that, um, participated in that virtual neighborhood

01:23:51.480 --> 01:23:52.480
 meeting.

01:23:52.480 --> 01:23:56.380
 And, um, after this slide, Danny's going to go over some of the questions and some of

01:23:56.380 --> 01:24:01.560
 the responses that we provided, uh, as a, as a result of that community meeting.

01:24:01.560 --> 01:24:08.800
 As of, uh, this afternoon, uh, I know we've received a number of, uh, notices and or,

01:24:08.800 --> 01:24:14.040
 uh, comments, uh, that were either sent to you all, um, hopefully you have had an opportunity

01:24:14.040 --> 01:24:15.640
 to at least see some of them.

01:24:15.640 --> 01:24:22.240
 Uh, they, they still are coming in, uh, and the red represents the, the folks that are

01:24:22.240 --> 01:24:25.680
 opposed to the, um, subject rezoning.

01:24:25.680 --> 01:24:28.120
 Um, again, those are the ones in red here.

01:24:28.120 --> 01:24:33.480
 Uh, we do have only one that's within the 200 foot and that person owns this property

01:24:33.480 --> 01:24:38.120
 here and this person is in opposition outside of this person.

01:24:38.120 --> 01:24:41.400
 Most of them are, are, are not within the turn of foot.

01:24:41.400 --> 01:24:50.600
 They're just outside, um, the 500 foot in between five and foot and the 1000 foot boundary.

01:24:50.600 --> 01:24:54.000
 So I'm going to turn this back again to Danny to talk a little bit about the neighborhood

01:24:54.000 --> 01:25:01.540
 meeting that was held on June 4th.

01:25:01.540 --> 01:25:02.800
 Thank you, Ron.

01:25:02.800 --> 01:25:07.940
 We did provide in your backup, a response that was provided to the participants, uh,

01:25:07.940 --> 01:25:09.700
 on the neighborhood meeting.

01:25:09.700 --> 01:25:14.440
 We wanted to go through what we heard were their issues, including some concerns for

01:25:14.440 --> 01:25:20.120
 negative effects on property values, concerns for increased crime concerns for the safety

01:25:20.120 --> 01:25:26.780
 of residents, some questions about what the city will be doing to prevent, um, traveling

01:25:26.780 --> 01:25:33.560
 through the neighborhood information about what, what other locations might've been considered

01:25:33.560 --> 01:25:38.440
 and how we would prevent individuals from living on sheltered as well as some plans

01:25:38.440 --> 01:25:43.200
 for the area between the neighborhood and the center as it's currently located.

01:25:43.200 --> 01:25:47.760
 We did share some information about what we had already been planning in advance, which

01:25:47.760 --> 01:25:53.200
 was looking at how we would provide sensing and barriers and lighting appropriate to contain

01:25:53.200 --> 01:25:57.500
 what's happening in the, in a facility to the facility.

01:25:57.500 --> 01:26:03.720
 And then we've identified some other strategies, um, that we would like to deploy once a provider

01:26:03.720 --> 01:26:09.160
 is, um, secured in what requirements we will place on that provider.

01:26:09.160 --> 01:26:13.360
 Um, but the biggest one is we've made it very clear that there will be no camping in or

01:26:13.360 --> 01:26:15.360
 around the property.

01:26:15.360 --> 01:26:21.340
 We'll make sure that the fencing, um, is considered with neighborhood engagement.

01:26:21.340 --> 01:26:26.160
 And then also looking at how transportation and mobility will be an important part of

01:26:26.160 --> 01:26:30.560
 our conversations, how people get there and how, how they exit the property currently

01:26:30.560 --> 01:26:32.720
 does have sidewalks in front of it and a bus stop.

01:26:32.720 --> 01:26:36.720
 So those are some of the things that we're looking at immediately, uh, with the project

01:26:36.720 --> 01:26:40.520
 based on the feedback we, we heard from the residents.

01:26:40.520 --> 01:26:47.760
 Can you talk a little bit about the good neighbor concept?

01:26:47.760 --> 01:26:48.760
 Sure.

01:26:48.760 --> 01:26:53.800
 One of the requirements that is, is under consideration in the, in the agreement with

01:26:53.800 --> 01:26:57.600
 the nonprofit provider is what we're calling good neighbor practices.

01:26:57.600 --> 01:27:03.000
 And we will expect them to employ staff who will do daily inspections of the property

01:27:03.000 --> 01:27:09.200
 in the surrounding area and then connect with anyone who might be there and shouldn't be.

01:27:09.200 --> 01:27:12.760
 And then we have a direct connection now with our new mental health unit that they can connect

01:27:12.760 --> 01:27:17.480
 with to make sure people are exited from the property who shouldn't be there and who should

01:27:17.480 --> 01:27:19.920
 be engaging with the shelter services.

01:27:19.920 --> 01:27:24.280
 And then a couple of other requirements that we would like them to do, which is to do ongoing

01:27:24.280 --> 01:27:28.600
 neighborhood meetings to make sure that any issues that do come up throughout the course

01:27:28.600 --> 01:27:33.160
 of their use of this facility will be addressed quickly and immediately.

01:27:33.160 --> 01:27:35.000
 Thank you.

01:27:35.000 --> 01:27:41.560
 Um, so with that, um, just wanted to share the public hearing, uh, schedule, uh, of course

01:27:41.560 --> 01:27:43.960
 today we'll be considering it the planning zoning commission.

01:27:43.960 --> 01:27:48.920
 Well, uh, there has been a change in the date, uh, initially it was published for November

01:27:48.920 --> 01:27:54.960
 3rd, uh, that has, um, obviously, um, will not happen because of, um, the election.

01:27:54.960 --> 01:28:00.040
 We are now going to be considering this or the city council will be considering this

01:28:00.040 --> 01:28:05.720
 after the planning zoning commission makes their recommendation on November 10th, uh,

01:28:05.720 --> 01:28:06.720
 2020.

01:28:06.720 --> 01:28:13.360
 A staff recommendation, uh, is for approval as it meets the requirements of, um, the Dunvely

01:28:13.360 --> 01:28:17.320
 code, uh, for approval of the zoning change.

01:28:17.320 --> 01:28:20.200
 With that, uh, I'll be happy to answer any questions.

01:28:20.200 --> 01:28:25.640
 And if there are any related to, uh, the program itself, Danny Shaw will also be able to answer

01:28:25.640 --> 01:28:26.640
 questions.

01:28:26.640 --> 01:28:27.840
 I think we'll have some questions.

01:28:27.840 --> 01:28:37.840
 Let's start with Mr. Smith, um, the, uh, Ron, who is the actual applicant loop to 88 property?

01:28:37.840 --> 01:28:45.560
 Um, who is the applicant that's actually initiating this and is it, is it, is it this, is it Danny's

01:28:45.560 --> 01:28:51.480
 division that's going to be hosting this, this, this shelter there or who's actual entity

01:28:51.480 --> 01:28:52.480
 that's going to be operating?

01:28:52.480 --> 01:28:53.480
 Is it Monsignor King?

01:28:53.480 --> 01:28:56.720
 Is it, I think some of those, uh, agreement that was struck there.

01:28:56.720 --> 01:28:57.720
 Can you kind of give me some?

01:28:57.720 --> 01:28:58.720
 Sure.

01:28:58.720 --> 01:29:00.200
 I'll answer the first part of the question.

01:29:00.200 --> 01:29:03.200
 The city, uh, city of Din is the applicant of this rezoning.

01:29:03.200 --> 01:29:05.200
 I thought it was a city property, so I wanted to make sure.

01:29:05.200 --> 01:29:06.200
 Right.

01:29:06.200 --> 01:29:07.200
 City property.

01:29:07.200 --> 01:29:08.200
 And that's partly the reason why it's been postponed.

01:29:08.200 --> 01:29:12.480
 We, we were able to take ownership of the property just this past summer.

01:29:12.480 --> 01:29:18.280
 Uh, but as far as the selection, uh, I don't know if we've selected a, uh, provider yet,

01:29:18.280 --> 01:29:22.000
 but maybe Danny can fill us in a little bit of where we are on that.

01:29:22.000 --> 01:29:23.000
 Right.

01:29:23.000 --> 01:29:25.240
 The provider selection hasn't been finalized.

01:29:25.240 --> 01:29:28.840
 We have been working with, um, two entities primarily.

01:29:28.840 --> 01:29:35.280
 Um, but that, those agreements will come later once we've gone through the processes of identifying

01:29:35.280 --> 01:29:40.960
 and then creating the agreements that are appropriate for how we want someone to manage

01:29:40.960 --> 01:29:42.760
 the facility and services.

01:29:42.760 --> 01:29:43.760
 Okay.

01:29:43.760 --> 01:29:47.880
 And then, uh, Ron, if you wouldn't mind, can you, could you show on the, on the site, uh,

01:29:47.880 --> 01:29:54.360
 or on the aerial map where the property itself, where the boundaries of the property and specifically

01:29:54.360 --> 01:30:00.720
 what I'm asking about is who owns the property south of, uh, of that, the, where that's tree

01:30:00.720 --> 01:30:02.600
 stand is and everything else.

01:30:02.600 --> 01:30:03.600
 Okay.

01:30:03.600 --> 01:30:04.600
 I see them.

01:30:04.600 --> 01:30:06.320
 I see the property site there.

01:30:06.320 --> 01:30:10.920
 This right here, I'll try and see if I can find a better, this is probably the best of

01:30:10.920 --> 01:30:11.920
 this.

01:30:11.920 --> 01:30:16.200
 While you're searching for the image Ron, um, Singing Oaks is the owner of the property.

01:30:16.200 --> 01:30:17.200
 Okay.

01:30:17.200 --> 01:30:19.800
 The, uh, um, the property south of it.

01:30:19.800 --> 01:30:20.800
 That's right here.

01:30:20.800 --> 01:30:21.800
 Yes.

01:30:21.800 --> 01:30:22.800
 That's correct.

01:30:22.800 --> 01:30:23.800
 Gotcha.

01:30:23.800 --> 01:30:24.800
 Okay.

01:30:24.800 --> 01:30:27.680
 Um, there are plans to develop that piece of piece of land at any point in time.

01:30:27.680 --> 01:30:35.160
 We've seen a number of applications, um, from a church to some, some, um, multifamily development,

01:30:35.160 --> 01:30:40.380
 but they've all just been proposals and not have, haven't seen anything, um, other than

01:30:40.380 --> 01:30:41.380
 a pre-application.

01:30:41.380 --> 01:30:42.380
 Okay.

01:30:42.380 --> 01:30:49.320
 Uh, and then my bigger point about this, uh, served in is 0.6 miles away from this site.

01:30:49.320 --> 01:30:54.160
 So in my opinion, as a commissioner, I would see that, you know, if we're putting, we're

01:30:54.160 --> 01:30:59.280
 putting in a shelter for those who are experiencing homelessness somewhere in the city, that's

01:30:59.280 --> 01:31:04.600
 a pretty, pretty good spot to put it, um, which is probably why Danny and her team and

01:31:04.600 --> 01:31:08.480
 everybody else, you guys are moving it that way because there's a, the second largest

01:31:08.480 --> 01:31:14.600
 health and human services center in the state of Texas is a half mile away from this location.

01:31:14.600 --> 01:31:18.080
 What my question is, is I'm looking at aerial maps and zooming in.

01:31:18.080 --> 01:31:24.240
 It doesn't look like there is really good public, um, I say public transportation.

01:31:24.240 --> 01:31:25.240
 I'm not talking about DCTA.

01:31:25.240 --> 01:31:31.120
 Any type of public access, uh, around there, I mean, sidewalks pretty much stop there at

01:31:31.120 --> 01:31:37.080
 that senior property line there, I don't know about, about crosswalks to get from the west

01:31:37.080 --> 01:31:42.240
 side to the east side of 288 as served in is on the east side where a lot of those health

01:31:42.240 --> 01:31:47.160
 and human services that people using this, this, the shelter would probably need to go

01:31:47.160 --> 01:31:49.640
 and visit and be seen at.

01:31:49.640 --> 01:31:52.000
 So can you talk to me a little bit about, I know you mentioned some stuff about the

01:31:52.000 --> 01:31:57.960
 transportation, but can you give me some context about where we can put in sidewalks, what

01:31:57.960 --> 01:31:59.840
 we can do from, from, I don't know.

01:31:59.840 --> 01:32:04.440
 That's really not even a zoning question, but it's going to come up later on, but before

01:32:04.440 --> 01:32:09.600
 we go through and zone it with as many concerns there are there with, with the neighborhood

01:32:09.600 --> 01:32:14.640
 and folks that own property around that, how are we going to make sure that, that folks,

01:32:14.640 --> 01:32:20.040
 if we do approve this zoning can get to and from this rather than hopping on the bus and

01:32:20.040 --> 01:32:24.520
 especially if it's a half mile walk down to served in, how can they get down to serve

01:32:24.520 --> 01:32:30.480
 in without having to interrupt flow of traffic or some other issues there?

01:32:30.480 --> 01:32:34.320
 I'll try to answer the first part of that question and then Danny can probably answer

01:32:34.320 --> 01:32:35.320
 the second part.

01:32:35.320 --> 01:32:40.640
 As far as the, the crossing, unfortunately, this is a textile roadway and any crossing

01:32:40.640 --> 01:32:44.200
 would probably have to happen at an intersection.

01:32:44.200 --> 01:32:48.140
 That being said, I know that Danny has been in conversation with some of our staff in

01:32:48.140 --> 01:32:53.360
 regards to sidewalks and maybe she can give us a little bit update of where we are on

01:32:53.360 --> 01:32:55.200
 that process.

01:32:55.200 --> 01:32:58.320
 Yes, absolutely.

01:32:58.320 --> 01:33:02.520
 We are looking at how the sidewalks can be increased in that area.

01:33:02.520 --> 01:33:07.560
 Specifically, we're also considering in the interim, some sort of programmatic intervention

01:33:07.560 --> 01:33:12.840
 like shuttles that go between the two facilities that would eliminate the need for that transportation

01:33:12.840 --> 01:33:17.120
 concerns specifically, as far as the access to the facility, we've already been working

01:33:17.120 --> 01:33:21.360
 with streets traffic and with the folks running the mobility plan to see what solutions are

01:33:21.360 --> 01:33:22.360
 available.

01:33:22.360 --> 01:33:25.840
 Oh, this is a textile roadway.

01:33:25.840 --> 01:33:31.680
 They set the easements correct for sidewalks that that's that's correct.

01:33:31.680 --> 01:33:33.520
 There's a certain right away with.

01:33:33.520 --> 01:33:37.200
 So if it's already there, then obviously no reasons to be required.

01:33:37.200 --> 01:33:42.120
 But if there is not a right, if not extended enough for sidewalks, then of course, there'll

01:33:42.120 --> 01:33:44.360
 be a need for additional easements.

01:33:44.360 --> 01:33:45.360
 Okay.

01:33:45.360 --> 01:33:49.560
 And then being able to develop those easements that has to be a request to tax dot and then

01:33:49.560 --> 01:33:53.760
 tax that would actually do that correct, the city would have no power to be able to build

01:33:53.760 --> 01:33:58.480
 those because the text on Broadway, therefore, that'd be a textile project.

01:33:58.480 --> 01:34:01.520
 It could be something that we can partner with text that obviously they would need to

01:34:01.520 --> 01:34:02.520
 approve it.

01:34:02.520 --> 01:34:07.880
 And it certainly can be a project that the city can can partner with or can be the prime,

01:34:07.880 --> 01:34:11.640
 but certainly text that we need to be involved.

01:34:11.640 --> 01:34:13.280
 Okay.

01:34:13.280 --> 01:34:22.320
 Yeah, the project as a whole makes sense and I would be I'm supportive of just from a general

01:34:22.320 --> 01:34:23.320
 standpoint.

01:34:23.320 --> 01:34:30.520
 But the questions of sidewalks and really a lot of the concerns that that the citizens

01:34:30.520 --> 01:34:37.960
 have put forth are valid, that, you know, having having some sort of way that and Danny,

01:34:37.960 --> 01:34:41.480
 thank you for you guys already working through to try to get some sort of shuttle service

01:34:41.480 --> 01:34:42.480
 there.

01:34:42.480 --> 01:34:48.440
 You know, people walking up to the shelter and we see that at Salvation Army, they, they,

01:34:48.440 --> 01:34:53.200
 they show up whenever and they get in line whenever and even a shelter service wouldn't

01:34:53.200 --> 01:34:54.200
 be all encompassing.

01:34:54.200 --> 01:35:02.960
 And so some sort of public access for sidewalks, at least down to the other end of that that

01:35:02.960 --> 01:35:06.960
 singing oats property where there are sidewalks that do begin, it looks like about halfway

01:35:06.960 --> 01:35:14.000
 through the seniors property that it they could cross over in front of FEMA and there's

01:35:14.000 --> 01:35:18.480
 not really a intersection there I guess so there there could be a way for them to get

01:35:18.480 --> 01:35:22.520
 across at least maybe all the way down the market street, but there needs to be some

01:35:22.520 --> 01:35:23.960
 sort of sidewalks there.

01:35:23.960 --> 01:35:28.520
 So I don't know if I'd feel comfortable with zoning it without at least putting in some

01:35:28.520 --> 01:35:34.560
 sort of overlay of requirement for us to pursue sidewalks and exploring those easements before

01:35:34.560 --> 01:35:42.680
 we move forward with the reason that's the that's all I have here.

01:35:42.680 --> 01:35:44.240
 Great.

01:35:44.240 --> 01:35:45.240
 Thank you.

01:35:45.240 --> 01:35:48.400
 Commissioner Ellis.

01:35:48.400 --> 01:35:49.400
 Thank you, Chair.

01:35:49.400 --> 01:35:50.400
 Okay.

01:35:50.400 --> 01:35:51.400
 Okay.

01:35:51.400 --> 01:35:54.280
 So from my understanding, I mean, this is just like any other thing.

01:35:54.280 --> 01:35:57.360
 We're looking at a zoning, a rezone.

01:35:57.360 --> 01:36:00.240
 We are not approving a homeless shelter as I understand it.

01:36:00.240 --> 01:36:01.240
 Correct.

01:36:01.240 --> 01:36:02.240
 That is correct.

01:36:02.240 --> 01:36:03.240
 Okay.

01:36:03.240 --> 01:36:06.920
 So my question is, I know that is a proposed use here.

01:36:06.920 --> 01:36:11.280
 So with our use specific standards that are in place in the code.

01:36:11.280 --> 01:36:16.520
 I mean, knowing this is not being initiated by a third person, which is seems how these

01:36:16.520 --> 01:36:21.280
 use specific standards are set up, it's being initiated by the city.

01:36:21.280 --> 01:36:23.080
 Do any of these apply?

01:36:23.080 --> 01:36:27.020
 So is there going to be a public hearing with regard to building a homeless shelter?

01:36:27.020 --> 01:36:29.080
 If this rezoning takes place?

01:36:29.080 --> 01:36:34.920
 I'm going to see if Danny can answer that question.

01:36:34.920 --> 01:36:39.400
 Actually, I would kind of toss it back to you, Ron.

01:36:39.400 --> 01:36:43.720
 I don't believe there would be any requirement for us to have a public hearing on the use

01:36:43.720 --> 01:36:44.720
 since it's permitted.

01:36:44.720 --> 01:36:47.880
 Maybe Richard can help.

01:36:47.880 --> 01:36:48.880
 That's correct.

01:36:48.880 --> 01:36:51.160
 There wouldn't be a separate SUP.

01:36:51.160 --> 01:36:54.720
 So it would just be the rezoning that's being considered.

01:36:54.720 --> 01:36:56.320
 Okay.

01:36:56.320 --> 01:36:58.920
 And so what about like the posting of the notices?

01:36:58.920 --> 01:37:05.400
 I guess what I'm asking is, because it's the city, do any of these use specific standards,

01:37:05.400 --> 01:37:15.000
 do any of these apply to the city that we have in here at, what is it, 534C?

01:37:15.000 --> 01:37:29.640
 Hold that up real quick.

01:37:29.640 --> 01:37:44.960
 Thanks.

01:37:44.960 --> 01:37:50.320
 So yes, anything that, and I'll have to read this in greater detail, but just off initial

01:37:50.320 --> 01:37:55.600
 reaction or initial response is that, obviously the separation is something that we would

01:37:55.600 --> 01:37:57.840
 have to comply with.

01:37:57.840 --> 01:38:05.160
 The notices, obviously we're the governing body, so we would already have known that.

01:38:05.160 --> 01:38:08.600
 So that's something that's not probably going to apply.

01:38:08.600 --> 01:38:15.200
 And then the number three as well, since we're the municipal consent, we would obviously

01:38:15.200 --> 01:38:18.440
 be the ones providing that response.

01:38:18.440 --> 01:38:24.760
 So I think one would definitely be something that we would need to comply with.

01:38:24.760 --> 01:38:29.680
 And then two and three is something that we already, as being part of the city, would

01:38:29.680 --> 01:38:34.920
 not most likely have a need to certainly respond or comply with.

01:38:34.920 --> 01:38:38.880
 But I would say number one for sure, separation.

01:38:38.880 --> 01:38:39.880
 Okay.

01:38:39.880 --> 01:38:46.320
 But not, so like we're 3A where it talks about the public hearing for the construction operation.

01:38:46.320 --> 01:38:52.320
 So that would not have to be complied with because the city is initiating this?

01:38:52.320 --> 01:38:54.800
 That's my understanding.

01:38:54.800 --> 01:38:59.720
 And I guess why I'm asking and why I don't necessarily like your answer at the moment

01:38:59.720 --> 01:39:06.060
 is all of this talk so far and what we've heard from comments and what Danny has shared

01:39:06.060 --> 01:39:12.160
 and all of that, it's all really good discussion and points and things that are going forward.

01:39:12.160 --> 01:39:16.520
 But we have no, I mean, when is that going to, how can we make sure that continues?

01:39:16.520 --> 01:39:19.120
 Today we're looking at a zoning, a rezoning.

01:39:19.120 --> 01:39:20.720
 So we're not looking at any of this.

01:39:20.720 --> 01:39:28.560
 So I'm trying to figure out how, if this is going to be then proposed, and as a city,

01:39:28.560 --> 01:39:33.520
 we don't have to go by these use specific standards, which would be how we would bring

01:39:33.520 --> 01:39:39.160
 the public together to further discuss this facility.

01:39:39.160 --> 01:39:46.080
 I'm confused at maybe not.

01:39:46.080 --> 01:39:47.080
 It would be required.

01:39:47.080 --> 01:39:48.080
 It is that P plus.

01:39:48.080 --> 01:39:51.040
 So those standards would apply.

01:39:51.040 --> 01:39:52.600
 Okay.

01:39:52.600 --> 01:39:58.640
 So now all, so all the use specific standards do apply.

01:39:58.640 --> 01:39:59.640
 Correct.

01:39:59.640 --> 01:40:00.640
 Obviously municipal consent.

01:40:00.640 --> 01:40:04.720
 We wouldn't have to seek it because we are the, we are the applicant.

01:40:04.720 --> 01:40:05.720
 Okay.

01:40:05.720 --> 01:40:06.720
 Right.

01:40:06.720 --> 01:40:11.480
 So then that would take away that entire paragraph would not be necessary is what you're saying.

01:40:11.480 --> 01:40:12.480
 Correct.

01:40:12.480 --> 01:40:13.480
 Let me go back.

01:40:13.480 --> 01:40:14.480
 So you would.

01:40:14.480 --> 01:40:15.480
 Yeah.

01:40:15.480 --> 01:40:25.480
 Okay.

01:40:25.480 --> 01:40:54.080
 So commissioner analysis, yeah, there, there are some parts of the notices that where it

01:40:54.080 --> 01:40:58.520
 says post on the location, right?

01:40:58.520 --> 01:41:03.280
 That's certainly something that we could, we can do.

01:41:03.280 --> 01:41:08.680
 I think some of the other parts of the notices, obviously we would already be at, we would

01:41:08.680 --> 01:41:12.320
 already have been given notice, but I think it's, it's a combination.

01:41:12.320 --> 01:41:19.160
 It depends on, on which particular use specific standard and if it applies, we'll certainly

01:41:19.160 --> 01:41:21.800
 do what is required.

01:41:21.800 --> 01:41:26.560
 Okay, and I guess that's what I was asking for clarification of what was required.

01:41:26.560 --> 01:41:30.360
 But yeah, I'll read further this and see if I have any more questions when we get there.

01:41:30.360 --> 01:41:31.360
 Okay.

01:41:31.360 --> 01:41:32.360
 Thank you.

01:41:32.360 --> 01:41:33.360
 We will do the same.

01:41:33.360 --> 01:41:34.360
 Thanks.

01:41:34.360 --> 01:41:40.640
 Chair, if I may add something, I think to commissioner Smith had a question about the sidewalks.

01:41:40.640 --> 01:41:43.280
 There is a development that's in review now.

01:41:43.280 --> 01:41:47.480
 One of our traffic engineers just pointed out that they are going through the platting

01:41:47.480 --> 01:41:48.480
 phase.

01:41:48.480 --> 01:41:53.120
 It's the by right development, so they will, as a requirement, have to install sidewalks

01:41:53.120 --> 01:41:54.120
 to the south.

01:41:54.120 --> 01:42:00.880
 It's going to connect, he said, to, well, it connected directly to the, I'm just looking

01:42:00.880 --> 01:42:06.400
 at the aerial view on Google maps here, guys, so nothing, nothing scientific.

01:42:06.400 --> 01:42:10.980
 But there are, there are sidewalks all the way up until that driveway that's on the south

01:42:10.980 --> 01:42:13.120
 side of that, of that property.

01:42:13.120 --> 01:42:16.960
 So they'll have to connect into that driveway at the very least then to continue on the

01:42:16.960 --> 01:42:17.960
 sidewalks.

01:42:17.960 --> 01:42:18.960
 Correct.

01:42:18.960 --> 01:42:24.560
 That, that, that whole length of that development would ultimately connect, I think where the

01:42:24.560 --> 01:42:29.600
 apartment is, well, there is a sidewalk there, so ultimately it would connect to that apartment

01:42:29.600 --> 01:42:30.600
 down there.

01:42:30.600 --> 01:42:31.600
 Okay.

01:42:31.600 --> 01:42:32.600
 Correct.

01:42:32.600 --> 01:42:33.600
 All right.

01:42:33.600 --> 01:42:34.600
 Got it.

01:42:34.600 --> 01:42:35.600
 When was that platting?

01:42:35.600 --> 01:42:36.600
 Do you have a?

01:42:36.600 --> 01:42:45.560
 I believe it's Julie's project, she, they're, they're on zoning compliance plan review

01:42:45.560 --> 01:42:48.240
 now after that platting will be forthcoming.

01:42:48.240 --> 01:42:49.240
 Okay.

01:42:49.240 --> 01:42:53.480
 And can you work with traffic to let me know or just tell us in public, 'cause when I look

01:42:53.480 --> 01:42:58.280
 at it once again, I'm not scientific here, guys, just a real simpleton, I'm typing in,

01:42:58.280 --> 01:43:03.440
 I go from, I go from the, the subject property down to serve Denton, click, search, click,

01:43:03.440 --> 01:43:06.960
 click directions, and I click that I'm walking, and it eventually tells me that I need to

01:43:06.960 --> 01:43:07.960
 cross.

01:43:07.960 --> 01:43:11.600
 But as I look at it on loop 288, there's not an intersection that's not, that's not

01:43:11.600 --> 01:43:16.640
 controlled by a light until we get all the way down to McKinney.

01:43:16.640 --> 01:43:23.840
 And so just for a, you know, just for knowing that we don't want people running across loop

01:43:23.840 --> 01:43:29.600
 288 with no controlled crosswalks, are there any crosswalks and traffic mobility or any

01:43:29.600 --> 01:43:34.520
 type of stoplights there in the process that are with, that the city's working with, for

01:43:34.520 --> 01:43:39.360
 us to know that there's going to be a traffic light there that can have a crosswalk incorporated

01:43:39.360 --> 01:43:43.880
 and if not, what does that process?

01:43:43.880 --> 01:43:49.760
 I know Chandra's on the phone, perhaps he could provide some guidance or input.

01:43:49.760 --> 01:44:17.600
 I don't know if you are muted, if you are trying to speak.

01:44:17.600 --> 01:44:23.440
 While we wait for him to kind of connect in, Mr. Smith, looks like Mukesh, Mukesh is popping

01:44:23.440 --> 01:44:24.440
 on.

01:44:24.440 --> 01:44:25.440
 I reset it.

01:44:25.440 --> 01:44:26.440
 I'm unmuted right now.

01:44:26.440 --> 01:44:27.440
 Alright.

01:44:27.440 --> 01:44:28.440
 Okay.

01:44:28.440 --> 01:44:29.440
 Can you hear me?

01:44:29.440 --> 01:44:30.440
 Yes.

01:44:30.440 --> 01:44:31.440
 Good afternoon.

01:44:31.440 --> 01:44:32.440
 This is Chandra.

01:44:32.440 --> 01:44:40.880
 Regarding the traffic light on loop 288 next to this project, soon after the Audra lane

01:44:40.880 --> 01:44:47.480
 is realigned, there will be a signal light at the Prominence, Audra, and loop 288.

01:44:47.480 --> 01:44:53.360
 It's development-driven once all this development happens.

01:44:53.360 --> 01:44:57.560
 And that'll happen, do you know, about when?

01:44:57.560 --> 01:45:03.200
 The timeline is uncertain right now.

01:45:03.200 --> 01:45:09.600
 It should happen once the Audra lane along with the DME project gets realigned and there

01:45:09.600 --> 01:45:16.760
 will be a four-legged intersection at Prominence, Audra, and 288 and that will drive the signal.

01:45:16.760 --> 01:45:17.760
 Okay.

01:45:17.760 --> 01:45:22.800
 Well, then that makes this whole Southern property conversation not even really a conversation

01:45:22.800 --> 01:45:27.320
 then, Richard, because that Prominence lane is north of that subject property.

01:45:27.320 --> 01:45:32.800
 So you're basically diverting, if they were to use a crosswalk there, that they wouldn't

01:45:32.800 --> 01:45:33.800
 even go south.

01:45:33.800 --> 01:45:40.120
 They would go north and then have to walk through whatever those land is north of DPS

01:45:40.120 --> 01:45:41.120
 to get down.

01:45:41.120 --> 01:45:45.440
 And then there's not a sidewalk until you get in front of DPS and FEMA.

01:45:45.440 --> 01:45:52.000
 So okay, well, I don't think I'm really going to get any answers from this, so we'll just

01:45:52.000 --> 01:45:56.320
 move on along.

01:45:56.320 --> 01:45:57.320
 Chris, you're back.

01:45:57.320 --> 01:45:58.320
 Thank you.

01:45:58.320 --> 01:45:59.320
 Thank you.

01:45:59.320 --> 01:46:03.320
 While we have our traffic engineers still in the system, I hope they're still there.

01:46:03.320 --> 01:46:05.320
 Yes.

01:46:05.320 --> 01:46:07.680
 I know this is a text-dot road.

01:46:07.680 --> 01:46:14.520
 Do we, are there, are there, you know, I've seen pedestrian-only crosswalks, well, all

01:46:14.520 --> 01:46:22.240
 crosswalks are pedestrian, but pedestrian crosswalks that are not associated with lights

01:46:22.240 --> 01:46:29.000
 in other locations on similar sized roads, is that something that is available to Texas?

01:46:29.000 --> 01:46:37.480
 Yes, we can certainly look at if there is sizable number of pedestrians, then we can

01:46:37.480 --> 01:46:43.440
 use what we call the hawk, the pedestrian hybrid beacons, where the pedestrians activate

01:46:43.440 --> 01:46:48.840
 when they want to cross and wait for the traffic to clear.

01:46:48.840 --> 01:46:57.240
 And they can cross at mid-block locations like these facilities, but it will be something

01:46:57.240 --> 01:47:01.400
 that we need to coordinate with the text-dot, where signals cannot be implemented.

01:47:01.400 --> 01:47:09.480
 This is like an app, the traffic signal, that it will give them the time and safe way to

01:47:09.480 --> 01:47:12.320
 cross those streets.

01:47:12.320 --> 01:47:14.560
 So that's promising.

01:47:14.560 --> 01:47:22.680
 It sounds good, like there is an opportunity for some mitigation of the need to cross 288.

01:47:22.680 --> 01:47:27.760
 Yes, it needs to meet the threshold.

01:47:27.760 --> 01:47:28.760
 That sounds good.

01:47:28.760 --> 01:47:35.080
 Yes, it's specifically for the mid-block locations, and the threshold is minimum 20 pedestrians

01:47:35.080 --> 01:47:39.840
 per hour, so then we can definitely consider it as a safety improvement.

01:47:39.840 --> 01:47:47.680
 We can suggest to the text-dot, and we can coordinate with them for safety programs.

01:47:47.680 --> 01:47:50.080
 Thank you very much.

01:47:50.080 --> 01:47:51.080
 Welcome.

01:47:51.080 --> 01:47:58.520
 Any other questions on this item?

01:47:58.520 --> 01:48:01.760
 Seeing none, we'll move on to our final item on the agenda.

01:48:01.760 --> 01:48:06.440
 I know I said there's a break at 5 o'clock, but if we can do one more item, we can just

01:48:06.440 --> 01:48:07.440
 take a longer break altogether.

01:48:07.440 --> 01:48:10.240
 Is there any opposition to that?

01:48:10.240 --> 01:48:23.200
 Okay, let's go ahead and move on to item 5, DS 20-0001, and this is Ron's item again.

01:48:23.200 --> 01:48:37.400
 And you have the floor.

01:48:37.400 --> 01:48:40.720
 You are muted.

01:48:40.720 --> 01:48:41.720
 Sorry for that.

01:48:41.720 --> 01:48:43.080
 Good afternoon.

01:48:43.080 --> 01:48:51.320
 This is a specific use permit application for the Mockingbird Multifamily Proposed Development.

01:48:51.320 --> 01:48:57.880
 As you can see on this slide here, it may seem familiar, it is about a year and a half

01:48:57.880 --> 01:49:06.200
 ago or so, the Planning Zoning Commission that is considered this subject site for a

01:49:06.200 --> 01:49:08.200
 specific use permit.

01:49:08.200 --> 01:49:12.760
 The specific use permit is to allow for the multifamily use.

01:49:12.760 --> 01:49:20.400
 The applicant is currently seeking a new SUP because of a change in their site plan, in

01:49:20.400 --> 01:49:27.040
 their development program, in their landscape plan and others.

01:49:27.040 --> 01:49:35.320
 The proposed development will have approximately 149 dwelling units with six buildings, a clubhouse

01:49:35.320 --> 01:49:38.720
 and 250 associated parking spaces.

01:49:38.720 --> 01:49:44.560
 Again, it's generally there located on Mingo and Mockingbird.

01:49:44.560 --> 01:49:49.400
 I'm going to run through these first few slides.

01:49:49.400 --> 01:49:55.440
 The land use element identifies this area as a moderate residential.

01:49:55.440 --> 01:50:03.240
 The moderate residential is described here, bulleted, as 4 to 12 dwelling units per acre,

01:50:03.240 --> 01:50:10.720
 low rise multifamily dwellings, and then the very consciousness to maintain the style,

01:50:10.720 --> 01:50:15.840
 the scale, the style and the building orientation of the area and have a transition so that

01:50:15.840 --> 01:50:21.840
 it creates a buffer between the higher intense uses.

01:50:21.840 --> 01:50:29.520
 The current zoning per the 2019 Development Code, as it was put into effect in 2019, is

01:50:29.520 --> 01:50:31.820
 now R7.

01:50:31.820 --> 01:50:39.520
 The R7 requires a specific use permit under the Zoning District for multifamily.

01:50:39.520 --> 01:50:46.440
 Maximum building height is 40, maximum building coverage for R7 is 65% and then there are

01:50:46.440 --> 01:50:51.040
 other requirements related to parking, landscaping and tree preservation.

01:50:51.040 --> 01:50:56.920
 I just want to make note that under the 2019 Development Code, there are no requirements

01:50:56.920 --> 01:51:04.500
 or maximum densities, therefore the development must comply with all other development standards.

01:51:04.500 --> 01:51:11.820
 So the reason why we're here this evening again is because per the approved SUP back

01:51:11.820 --> 01:51:20.640
 on July 16, 2019, the City Council, as part of the Planning Zoning Commission's recommendation,

01:51:20.640 --> 01:51:27.800
 approved a specific use permit with conditions and the conditions speak to the ability to

01:51:27.800 --> 01:51:33.280
 make some changes that staff can approve, however that can only increase or decrease

01:51:33.280 --> 01:51:35.520
 by 5%.

01:51:35.520 --> 01:51:42.840
 What we're seeing is obviously a greater amount of change in what they're proposing, therefore

01:51:42.840 --> 01:51:50.480
 a staff ability to approve a change we would not be able to, therefore the applicant is

01:51:50.480 --> 01:51:57.640
 seeking a new specific use permit for the new use that they're proposing.

01:51:57.640 --> 01:52:05.320
 So this slide here illustrates what was approved under the 2019 SUP and what they are seeking

01:52:05.320 --> 01:52:13.680
 today as far as the new development, you can see by way of these columns, the difference

01:52:13.680 --> 01:52:18.320
 in the Development Code, the difference in zoning, they still share obviously the same

01:52:18.320 --> 01:52:27.860
 area, 9.91 acres, they are reducing the number of buildings from 12 to 6, they are increasing

01:52:27.860 --> 01:52:35.080
 the square footage of the total square footage, this accounts for all buildings and clubhouse,

01:52:35.080 --> 01:52:42.960
 the number of units increases from 118 to 149, but I want to make mention that most

01:52:42.960 --> 01:52:48.280
 of that increase is now because of one bedroom versus two to three bedroom units that they

01:52:48.280 --> 01:52:57.880
 had proposed prior, the number of bedrooms you can see here has dropped from 343 to 202,

01:52:57.880 --> 01:53:02.740
 and again because they're going from one bedroom units versus the three and the two bedroom

01:53:02.740 --> 01:53:08.200
 units as initially proposed, as a result of the number of units or number of bedrooms

01:53:08.200 --> 01:53:15.800
 that is dropping, their required parking spaces has also dropped from 375 which was required

01:53:15.800 --> 01:53:25.080
 to now 250 parking spaces, their impervious surface has also dropped by 3%, their landscape

01:53:25.080 --> 01:53:32.080
 area has increased, their tree canopy has also increased, and their lot versus building

01:53:32.080 --> 01:53:39.160
 coverage has changed, this is difficult to compare because one is lot and one is building,

01:53:39.160 --> 01:53:44.680
 and then the preservation is also difficult to compare because one is 2002 and one is

01:53:44.680 --> 01:53:52.120
 2019, but overall I think what we have focused on in our staff analysis is the number of

01:53:52.120 --> 01:54:00.040
 units, number of bedrooms, and number of parking spaces as well as the landscape requirements.

01:54:00.040 --> 01:54:07.000
 This here illustrates what is approved or what was approved under the 2019, you can

01:54:07.000 --> 01:54:13.200
 see that there are more buildings and more services for parking, they actually provided

01:54:13.200 --> 01:54:20.720
 the buffer and the landscaping, but you can see there's a lot more impervious under the

01:54:20.720 --> 01:54:27.600
 old SUP or the current SUP that is, with the new SUP they're consolidating a lot more,

01:54:27.600 --> 01:54:33.040
 they've only have six buildings, they have the center located open space, they have provided

01:54:33.040 --> 01:54:38.680
 additional open space here, landscaping and tree preservation, as a result of that they

01:54:38.680 --> 01:54:45.840
 are also again meeting the buffer requirements as per the development code.

01:54:45.840 --> 01:54:51.920
 Real quickly this is their proposed site plan, just to help illustrate a little bit more,

01:54:51.920 --> 01:54:57.560
 this is where the parking is going to be located, and the main center of the site will be dedicated

01:54:57.560 --> 01:55:01.640
 for open space, dedicated for the residents.

01:55:01.640 --> 01:55:06.800
 There's also the clubhouse located in this vicinity.

01:55:06.800 --> 01:55:11.520
 They meet the landscape requirements as far as meeting the minimum landscape area, the

01:55:11.520 --> 01:55:18.200
 minimum tree canopy cover, they also meet the requirements per the DDC, they also provide

01:55:18.200 --> 01:55:25.000
 the buffer and the open space and the landscape points per again the DDC.

01:55:25.000 --> 01:55:30.600
 Tree preservation is an important part, there are lots of trees on this site and they are

01:55:30.600 --> 01:55:37.580
 providing that minimum 30% as you can see from this illustration along the north side

01:55:37.580 --> 01:55:43.120
 of the property, there are some along the middle and then the rest are along the south

01:55:43.120 --> 01:55:47.440
 side of the project.

01:55:47.440 --> 01:55:53.480
 Similar to the other application we considered, we discussed the section of the development

01:55:53.480 --> 01:56:00.040
 code that speaks to all applications as shown here, these are the 13 criteria for approval,

01:56:00.040 --> 01:56:04.780
 again consistent with the comprehensive plan, minimize adverse impacts to surrounding property

01:56:04.780 --> 01:56:09.320
 and then does the proposed use, will it provide the adequate public services.

01:56:09.320 --> 01:56:14.640
 I focus on these because I think these are specifically important in how we look at the

01:56:14.640 --> 01:56:19.240
 impact to the area.

01:56:19.240 --> 01:56:25.360
 Also specifically to specific use permits, there are also six approval criteria, very

01:56:25.360 --> 01:56:33.800
 similar to the ones that apply to all applications, again compatible with surrounding areas, minimal

01:56:33.800 --> 01:56:39.000
 impacts to future development, meets all the development standards which I briefly went

01:56:39.000 --> 01:56:46.400
 through, provides adequate services and if not adequately mitigated, is conformance with

01:56:46.400 --> 01:56:52.120
 the comprehensive plan, as we said earlier, it is designated as moderate residential,

01:56:52.120 --> 01:56:58.560
 so a higher density or higher dwelling units per acre and it does not adversely impact

01:56:58.560 --> 01:57:04.000
 the health, safety and welfare of the city's inhabitants.

01:57:04.000 --> 01:57:08.120
 Just to help illustrate what's surrounding this site, the area in red is obviously what

01:57:08.120 --> 01:57:15.240
 we're looking at, we have University, Mingo, Audra and Mockingbird, Mockingbird is the main

01:57:15.240 --> 01:57:24.080
 find here in the general vicinity, we've got a number of neighborhood residential developments,

01:57:24.080 --> 01:57:29.800
 specifically to the south is the Bel Air North addition where we've heard a number of folks

01:57:29.800 --> 01:57:37.560
 speak on this item in the past, we have heard from one and we continue to hear from others,

01:57:37.560 --> 01:57:41.000
 again expressing their concerns.

01:57:41.000 --> 01:57:48.880
 The mobility plan shown here shows the site abutting a collector road on Mockingbird which

01:57:48.880 --> 01:57:55.200
 is Mockingbird and then Mingo which is across the railroad tracks is a secondary arterial,

01:57:55.200 --> 01:58:01.300
 I will note that both Mingo and Mockingbird are not built to the roadway classification

01:58:01.300 --> 01:58:08.480
 with, but again under a mobility plan that's what it's planned for in the future.

01:58:08.480 --> 01:58:14.680
 I won't go through this list, but I just wanted to highlight specifically again our SQP analysis

01:58:14.680 --> 01:58:20.640
 which is part of the backup, went through those approval criteria, there was a traffic

01:58:20.640 --> 01:58:26.560
 impact analysis that was prepared, there was one prepared from the 2019, a new one was

01:58:26.560 --> 01:58:32.980
 also prepared for the current proposal and based on that TIA, it was determined that

01:58:32.980 --> 01:58:38.400
 mitigation measures were required in the form of two right turn lanes which the applicant

01:58:38.400 --> 01:58:44.080
 is including in their development, there was a flood study, based on that flood study there

01:58:44.080 --> 01:58:50.200
 are no adverse impact as a result of the proposed development and again based on what staff

01:58:50.200 --> 01:58:54.700
 has reviewed on the preliminary or proposed site plan and landscape plan, they meet all

01:58:54.700 --> 01:59:02.480
 of the different development regulations and standards under the 2019 development code.

01:59:02.480 --> 01:59:08.280
 Notifications were sent out similar to what was done in the past, we again have heard

01:59:08.280 --> 01:59:13.640
 from one property owner who lives just south of the subject site on Stockton Street who

01:59:13.640 --> 01:59:21.040
 is in opposition, have not marked it yet but he is generally in this area here, as of this

01:59:21.040 --> 01:59:29.560
 afternoon that's the only one that I've received regarding this application or this project.

01:59:29.560 --> 01:59:37.400
 There was a virtual meeting held by the applicant on July 16th and July 20th this summer to

01:59:37.400 --> 01:59:43.120
 talk about the difference between the old or the current and what is being proposed.

01:59:43.120 --> 01:59:47.880
 That summary of that meeting was included in your backup, I know that between the two

01:59:47.880 --> 01:59:53.800
 meetings there were about five or six total so there wasn't a lot of people in the meetings

01:59:53.800 --> 02:00:00.160
 but there were still some folks there that again were informed of what was being proposed

02:00:00.160 --> 02:00:05.120
 and had some questions and they were answered by the applicant.

02:00:05.120 --> 02:00:12.640
 Staff is recommending approval of this request under again per the approval criteria under

02:00:12.640 --> 02:00:14.460
 the development code.

02:00:14.460 --> 02:00:21.580
 We are also proposing conditions as part of the specific use permit similar to what was

02:00:21.580 --> 02:00:30.680
 approved in 2019 in that the applicant under the approve if approved site plan and landscape

02:00:30.680 --> 02:00:38.960
 plan will be included in the ordinance and as before any changes could happen as long

02:00:38.960 --> 02:00:48.400
 as they don't exceed 5% increase or decrease the project itself has been updated to reflect

02:00:48.400 --> 02:00:56.620
 what is currently proposed so again six buildings, 149 dwelling units and 250 parking spaces

02:00:56.620 --> 02:01:01.880
 so that is what they are proposing and that's what will be part of the ordinance if again

02:01:01.880 --> 02:01:06.580
 this gets to City Council for approval.

02:01:06.580 --> 02:01:12.160
 With that I will stand for any questions and go from there.

02:01:12.160 --> 02:01:14.120
 Commissioner Beck.

02:01:14.120 --> 02:01:16.080
 Commissioner Smith had his hand up first chair.

02:01:16.080 --> 02:01:17.080
 Oh okay.

02:01:17.080 --> 02:01:18.080
 Commissioner Smith.

02:01:18.080 --> 02:01:21.440
 Thank you Commissioner Beck, sweetheart you are.

02:01:21.440 --> 02:01:27.720
 Ron, quick question, a couple of questions here, what was the emphasis of the change

02:01:27.720 --> 02:01:32.920
 from the approved SUP to the proposed SUP going down, I mean they go up in units I'm

02:01:32.920 --> 02:01:37.600
 assuming it's more economically friendly for the developer but they give you any reasoning

02:01:37.600 --> 02:01:38.600
 behind that?

02:01:38.600 --> 02:01:45.480
 I don't, I can't say, obviously the applicant will be a part of the call later this afternoon

02:01:45.480 --> 02:01:50.720
 and you can certainly ask that question but as far as the purpose of the new SUP and not

02:01:50.720 --> 02:01:55.920
 necessarily amending it by staff is because of the condition that we can only approve

02:01:55.920 --> 02:01:58.000
 an increase or decrease of five percent.

02:01:58.000 --> 02:02:02.680
 Yeah of course, I didn't know why they were changing it, I can share that with you.

02:02:02.680 --> 02:02:08.160
 We I know that's a proposed site plan not an actual site plan but do we even put proposed

02:02:08.160 --> 02:02:15.360
 site plans up to fire and emergency services to review, I highly doubt it but.

02:02:15.360 --> 02:02:22.680
 No, no well the SGP obviously because it is a site plan and that will be approved by ordinance,

02:02:22.680 --> 02:02:27.120
 we made sure that our fire department and other engineering departments, also our other

02:02:27.120 --> 02:02:31.640
 departments that is, were able to review it and provide comments so that if there are

02:02:31.640 --> 02:02:35.440
 any changes that need to happen, they need to happen now before it gets approved by ordinance.

02:02:35.440 --> 02:02:40.120
 I was just wondering because there's, it looked like the proposed site plan was pretty, had

02:02:40.120 --> 02:02:43.800
 some pretty tight curves and whatnot and they're first for emergency services getting in there

02:02:43.800 --> 02:02:46.520
 so I wanted to make sure there was no, no issues.

02:02:46.520 --> 02:02:51.000
 Okay, sorry, sorry to get you out there, no they were able to review it and also our solid

02:02:51.000 --> 02:02:55.320
 waste folks were also to review it so we want to make sure that our solid waste services

02:02:55.320 --> 02:02:58.320
 were able to get in and get out.

02:02:58.320 --> 02:03:00.080
 Okay, understood.

02:03:00.080 --> 02:03:05.840
 And then they, by right they can still, if they wanted to, if this this SUP wasn't approved

02:03:05.840 --> 02:03:10.240
 by right they can still develop underneath the currently approved SUP, correct?

02:03:10.240 --> 02:03:11.240
 Correct.

02:03:11.240 --> 02:03:16.120
 So two years and two years from July 16, 2019, otherwise they'll expire.

02:03:16.120 --> 02:03:17.120
 Okay.

02:03:17.120 --> 02:03:18.120
 All right.

02:03:18.120 --> 02:03:19.120
 Thank you, Rob.

02:03:19.120 --> 02:03:20.120
 Appreciate it.

02:03:20.120 --> 02:03:21.120
 Christopher Beck.

02:03:21.120 --> 02:03:22.120
 Thank you, Chair.

02:03:22.120 --> 02:03:29.120
 So I want to say I like a lot of the changes that they've implemented and I like that they've

02:03:29.120 --> 02:03:36.240
 updated to newer codes and there's a lot of, you know, good beneficial infill, but what

02:03:36.240 --> 02:03:43.440
 concerned me and maybe do some deeper analysis was, you know, everything we see that's coming

02:03:43.440 --> 02:03:49.760
 in along Mingo, I mean we know the Mobility Plan wants to connect downtown through Mingo

02:03:49.760 --> 02:03:53.760
 on one side or the other, hopefully on the railroad track side if they can get the railroad

02:03:53.760 --> 02:03:59.720
 to do it, but all the way up to Fish Trap and out to the lake and whatnot for trails,

02:03:59.720 --> 02:04:05.960
 we're putting, there was another apartment just down the street next to the senior complex

02:04:05.960 --> 02:04:13.120
 that wants to go in and the issue with all of these mobility issues, and it's germane

02:04:13.120 --> 02:04:19.400
 to what Commissioner Smith just said, is Mingo is too small for the development that we're

02:04:19.400 --> 02:04:26.200
 putting on it and so not only does it have public safety issues and right of way, future

02:04:26.200 --> 02:04:32.600
 right of way development, if we want to expand that road to make it the arterial it needs

02:04:32.600 --> 02:04:38.440
 to be with sidewalks and every other amenity that we clearly want to because we're trying

02:04:38.440 --> 02:04:47.560
 to do it crudely anyway, what bothered me is putting additional load on that road and

02:04:47.560 --> 02:04:53.840
 so in looking at this analysis, if you just actually literally take the site plan that

02:04:53.840 --> 02:05:00.200
 you have and rotate the buildings 90 degrees, you move the apartment complexes another 20

02:05:00.200 --> 02:05:11.000
 feet away from the Mingo providing opportunities for additional development right of way.

02:05:11.000 --> 02:05:21.880
 And so, I mean, I'm very torn, I'm concerned about, I guess so my question to you Ron is,

02:05:21.880 --> 02:05:28.700
 it doesn't feel like this actually meets future land use goals and future mobility plan goals

02:05:28.700 --> 02:05:34.720
 for the layout it's there, even though I really like the infill and like the proposed plan

02:05:34.720 --> 02:05:38.640
 in the central square and in fact, if you rotate the buildings 90 degrees, you actually

02:05:38.640 --> 02:05:44.400
 get a bigger central square and about the same parking that's further away from Mingo.

02:05:44.400 --> 02:05:52.040
 So I guess, does the question is, does it match our mobility goals and our right of

02:05:52.040 --> 02:06:00.160
 way standards that layout I guess you're probably going to tell me yes, but I think that I think

02:06:00.160 --> 02:06:06.640
 the layout is works I mean, obviously, we don't really have any control of how it's

02:06:06.640 --> 02:06:10.040
 laid out as long as they meet the requirements that you know, the building orientation and

02:06:10.040 --> 02:06:15.520
 this and this and that, but from what you're describing, I sense that you were talking

02:06:15.520 --> 02:06:24.960
 about traffic or was it more pedestrian, because per the mobility plan collector and a second

02:06:24.960 --> 02:06:32.520
 arterial, although the proposed project will be on a collector, I think that that is suitable

02:06:32.520 --> 02:06:38.720
 for a collector street that use itself, the future land use shows it as a moderate residential

02:06:38.720 --> 02:06:45.600
 area and along that particular area, stretch that is, please know that there's also the

02:06:45.600 --> 02:06:50.960
 railroad tracks right that that also divides that so I think if you were looking at this

02:06:50.960 --> 02:06:58.600
 particular property and the collector, I think the use or in the number of trips, maybe,

02:06:58.600 --> 02:07:03.320
 will will will be is sufficient for for that particular roadway.

02:07:03.320 --> 02:07:09.360
 So, so not so much that the southern road and mockingbird.

02:07:09.360 --> 02:07:15.520
 But the, those are going to connect up and spill their residential traffic on Domingo.

02:07:15.520 --> 02:07:18.320
 I mean, there's no, there's not really an outlay to the west.

02:07:18.320 --> 02:07:22.040
 I mean, I guess you could try to meander through the neighborhoods and pop out one of those

02:07:22.040 --> 02:07:27.920
 roads but by the, the storage facility or something but everyone's going to exit mockingbird

02:07:27.920 --> 02:07:37.800
 on Domingo at that, where it turns into Old North there. And so, it's not so much those

02:07:37.800 --> 02:07:42.840
 the the traffic flow patterns there but it's like that the increased traffic patterns at

02:07:42.840 --> 02:07:44.840
 that intersection.

02:07:44.840 --> 02:07:51.120
 I mean, I have to be careful I actually want like this development and I want to vote yes

02:07:51.120 --> 02:08:02.360
 I'm concerned that the the actual layout of this is is is not the best layout for the

02:08:02.360 --> 02:08:07.520
 the residents who would live there as well as the traffic of for these new residents

02:08:07.520 --> 02:08:14.280
 and adjacent residents trying to exit mockingbird onto Domingo with considering the development

02:08:14.280 --> 02:08:22.840
 of the Mingo corridor. So when the traffic analysis was that, did that include Mingo

02:08:22.840 --> 02:08:25.160
 or just those those collectors?

02:08:25.160 --> 02:08:28.320
 No, it included Mingo as well.

02:08:28.320 --> 02:08:37.720
 All right, thank you, Ron.

02:08:37.720 --> 02:08:39.880
 I muted myself, Commissioner Ellis.

02:08:39.880 --> 02:08:43.040
 Thank you, Chair. Hey, Ron, just a really quick question.

02:08:43.040 --> 02:08:44.720
 Is this the same developer?

02:08:44.720 --> 02:08:47.120
 It is, same applicant, same developer, same engineer.

02:08:47.120 --> 02:08:51.120
 Okay, good. I just want to make sure they were because then they heard all the neighborhood

02:08:51.120 --> 02:08:53.720
 concerns before. Okay, thank you.

02:08:53.720 --> 02:08:55.800
 You're welcome.

02:08:55.800 --> 02:08:59.640
 Ron, the existing SGP, is that still current?

02:08:59.640 --> 02:09:02.720
 It's current. They've got two years until it expires.

02:09:02.720 --> 02:09:08.120
 So the the comparison of the project you showed, which was super helpful with the 12 buildings,

02:09:08.120 --> 02:09:11.320
 they could just go build that. They could start construction on that now.

02:09:11.320 --> 02:09:13.160
 That is my yes, that is correct.

02:09:13.160 --> 02:09:17.840
 Okay, I just wanted to make sure what was on the table, the two alternatives basically

02:09:17.840 --> 02:09:23.920
 is they wanted to go for the current project they could. They're bringing a different project

02:09:23.920 --> 02:09:30.320
 that looks to me like an upgrade in all facets. Okay, I just wanted to make sure I was aware

02:09:30.320 --> 02:09:31.320
 of that.

02:09:31.320 --> 02:09:32.320
 Yes, sir.

02:09:32.320 --> 02:09:34.920
 Is there any other questions for Ron on this item?

02:09:34.920 --> 02:09:41.080
 Okay, well, that concludes our work session for planning and zoning today. We will have

02:09:41.080 --> 02:09:54.400
 our public meeting at 630 right here. See y'all in a little less than an hour.

02:09:54.400 --> 02:09:57.760
 Good evening, ladies and gentlemen, and welcome to the planning and zoning public meeting

02:09:57.760 --> 02:10:03.040
 for Wednesday, October 7 2020. Seeing that we do have a quorum, I'll call this meeting

02:10:03.040 --> 02:10:10.800
 to order at 632. The first item of business is to provide a Pledge of Allegiance to the

02:10:10.800 --> 02:10:16.000
 US and Texas flag. So we'll do that first. If other commissioners want to unmute themselves

02:10:16.000 --> 02:10:19.480
 to join, you may certainly do so.

02:10:19.480 --> 02:10:26.160
 I pledge allegiance to the flag of the United States of America and to the republic for

02:10:26.160 --> 02:10:36.360
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

02:10:36.360 --> 02:10:47.680
 I pledge allegiance to the Texas flag, one state, under God, one nation, under God, indivisible.

02:10:47.680 --> 02:10:51.680
 The next item of business is consideration of our minutes from September 16th. Is there

02:10:51.680 --> 02:10:53.480
 any notation? Commissioner Smith?

02:10:53.480 --> 02:10:55.480
 Make a motion for approval.

02:10:55.480 --> 02:10:58.040
 We have a first. Commissioner Ellis?

02:10:58.040 --> 02:10:59.040
 Second.

02:10:59.040 --> 02:11:04.400
 We have a first and a second for approval. Any discussion on the item?

02:11:04.400 --> 02:11:09.000
 Seeing none, I'll call for a vote via roll call. Commissioner Beck?

02:11:09.000 --> 02:11:10.000
 Aye.

02:11:10.000 --> 02:11:11.000
 Commissioner Ellis?

02:11:11.000 --> 02:11:12.000
 Aye.

02:11:12.000 --> 02:11:13.000
 Commissioner Pernetta?

02:11:13.000 --> 02:11:14.000
 Aye.

02:11:14.000 --> 02:11:15.000
 Commissioner Anderson?

02:11:15.000 --> 02:11:16.000
 Aye.

02:11:16.000 --> 02:11:17.000
 Commissioner Smith?

02:11:17.000 --> 02:11:18.000
 Aye.

02:11:18.000 --> 02:11:19.000
 Commissioner Kohl?

02:11:19.000 --> 02:11:20.000
 Aye.

02:11:20.000 --> 02:11:24.000
 Chair is also an aye. Motion carries 7-0.

02:11:24.000 --> 02:11:32.680
 The next item for business is the Consent Agenda. Commissioner Beck?

02:11:32.680 --> 02:11:37.600
 I'd like to make a motion to approve, with the exception of Item C, which I'd like pulled

02:11:37.600 --> 02:11:39.360
 up for individual consideration.

02:11:39.360 --> 02:11:51.720
 Okay. We'll pull Item 3C. The motion is to approve Item 3A, 3B, 3D, and 3E. Commissioner

02:11:51.720 --> 02:11:52.720
 Pernetta?

02:11:52.720 --> 02:11:53.720
 I'll second.

02:11:53.720 --> 02:11:57.960
 We have a first and a second. Any discussion on this?

02:11:57.960 --> 02:12:02.600
 Seeing none, I'll call for a vote via roll call. Commissioner Beck?

02:12:02.600 --> 02:12:03.600
 Aye.

02:12:03.600 --> 02:12:04.960
 Commissioner Ellis?

02:12:04.960 --> 02:12:05.960
 Aye.

02:12:05.960 --> 02:12:07.320
 Commissioner Pernetta?

02:12:07.320 --> 02:12:08.320
 Aye.

02:12:08.320 --> 02:12:09.920
 Commissioner Anderson?

02:12:09.920 --> 02:12:10.920
 Aye.

02:12:10.920 --> 02:12:11.920
 Commissioner Smith?

02:12:11.920 --> 02:12:12.920
 Aye.

02:12:12.920 --> 02:12:13.920
 Commissioner Kohl?

02:12:13.920 --> 02:12:14.920
 Aye.

02:12:14.920 --> 02:12:20.720
 Chair is also an aye. Motion carries 7-0. That brings us to our items for individual

02:12:20.720 --> 02:12:25.480
 consideration. We'll go ahead and start with the Consent Agenda item. Just carried forward

02:12:25.480 --> 02:12:34.600
 Item 3C. It's Carina Maldonado's FP20-0020. And Commissioner Beck, do you want to take

02:12:34.600 --> 02:12:36.680
 the floor for your questions?

02:12:36.680 --> 02:12:45.920
 Yeah. Thank you, Chair. Carina, did you ever get back from work session about the drainage

02:12:45.920 --> 02:12:47.880
 into the adjacent ESA?

02:12:47.880 --> 02:12:55.720
 No, I was not. Unfortunately, it's kind of difficult to get ahold of some of the engineers

02:12:55.720 --> 02:13:02.080
 at this hour. I was able to look through some of the documents from the previous review,

02:13:02.080 --> 02:13:11.840
 but all I was able to draw out of their comments was that they met the minimum requirements

02:13:11.840 --> 02:13:21.400
 for approval of the final plat under the subdivision regulations. I will defer to Richard on some

02:13:21.400 --> 02:13:26.240
 of the questions related to drainage, as I don't really have the expertise to kind of

02:13:26.240 --> 02:13:31.360
 go into the detail. For the other item that we talked about during the work session related

02:13:31.360 --> 02:13:44.000
 to the permits, we did go back and clarify that that was the erosion control item that's

02:13:44.000 --> 02:13:51.560
 really addressed with an inspection during the permitting process. So whenever their

02:13:51.560 --> 02:13:57.840
 civil engineering plans are approved, they do take into account all their erosion control

02:13:57.840 --> 02:14:03.680
 measures, but there is an inspection that's done at the permitting phase, and that's where

02:14:03.680 --> 02:14:13.040
 we would catch any inconsistencies before a permit is issued. Outside of that, no, I

02:14:13.040 --> 02:14:17.680
 wasn't able to get ahold of someone to just clarify those questions that you had.

02:14:17.680 --> 02:14:23.920
 All right. Thank you, Carina. I appreciate it.

02:14:23.920 --> 02:14:32.960
 Any other questions on this item? Okay. Chair will entertain a motion. Commissioner Smith?

02:14:32.960 --> 02:14:38.200
 Make a motion to approve. We have a first for approval. Commissioner

02:14:38.200 --> 02:14:39.200
 Ellis? Second.

02:14:39.200 --> 02:14:44.480
 We have a first and a second for approval. Any additional discussion? Commissioner Beck?

02:14:44.480 --> 02:14:54.640
 Yeah, I'm going to vote against this. I think it's not clear to me that the drainage

02:14:54.640 --> 02:15:02.320
 issues are resolved, which is 2457. It's not clear to me that they are meeting minimum

02:15:02.320 --> 02:15:10.800
 standards, and I'm also concerned about the sort of financial and business impacts of

02:15:10.800 --> 02:15:18.880
 having the business consistency and the shopping with the apartment complex right there under

02:15:18.880 --> 02:15:25.840
 245E8 and with backup from 7101B. So I'm not going to be supporting this.

02:15:25.840 --> 02:15:33.800
 Okay. We do have a first and a second for approval. Seeing no other discussion, I will

02:15:33.800 --> 02:15:37.200
 call for a vote via roll call. Commissioner Beck?

02:15:37.200 --> 02:15:39.360
 Nay. Commissioner Ellis?

02:15:39.360 --> 02:15:42.920
 Aye. Commissioner Pernetta?

02:15:42.920 --> 02:15:46.440
 Nay. Commissioner Anderson?

02:15:46.440 --> 02:15:49.920
 Aye. Commissioner Smith?

02:15:49.920 --> 02:15:53.320
 Aye. Commissioner Cole?

02:15:53.320 --> 02:16:06.600
 Aye. Chair's an aye. Motion carries 5-2. The next item of business is item 4A, FP20-0019.

02:16:06.600 --> 02:16:09.560
 This is Mark Laird's item for presentation.

02:16:09.560 --> 02:16:14.840
 Good evening. My name is Mark Laird. I'm a planner with the Development Services Department.

02:16:14.840 --> 02:16:19.480
 This email I have for your consideration, the final plan of Cambridge Brook, addition

02:16:19.480 --> 02:16:25.960
 phase one. It's 102 residential lots and four common lots. The property is generally located

02:16:25.960 --> 02:16:32.440
 on the west side of Bonnebray, being south of the intersection of Vintage Boulevard and

02:16:32.440 --> 02:16:36.760
 Bonnebray. Staff recommends approval of this plan as it meets all the criteria that didn't

02:16:36.760 --> 02:16:40.960
 develop the code. I stand for any questions you may have.

02:16:40.960 --> 02:16:50.640
 Thank you very much, Mark. I do not see any questions. Chair will entertain a motion.

02:16:50.640 --> 02:16:51.640
 Commissioner Smith?

02:16:51.640 --> 02:16:53.240
 I motion to approve.

02:16:53.240 --> 02:16:54.240
 Commissioner Pernetta?

02:16:54.240 --> 02:16:55.240
 I'll second.

02:16:55.240 --> 02:17:02.240
 We have a first and a second for approval. Any discussion? Seeing none, I'll call for

02:17:02.240 --> 02:17:05.000
 a vote via roll call. Commissioner Beck?

02:17:05.000 --> 02:17:06.000
 Aye.

02:17:06.000 --> 02:17:07.000
 Commissioner Ellis?

02:17:07.000 --> 02:17:08.000
 Aye.

02:17:08.000 --> 02:17:09.000
 Commissioner Pernetta?

02:17:09.000 --> 02:17:10.000
 Aye.

02:17:10.000 --> 02:17:11.000
 Commissioner Anderson?

02:17:11.000 --> 02:17:23.680
 I think that was an aye. You're muted. Can you try one more time?

02:17:23.680 --> 02:17:24.680
 Aye.

02:17:24.680 --> 02:17:32.440
 All right. Perfect. Commissioner Smith?

02:17:32.440 --> 02:17:33.440
 Aye.

02:17:33.440 --> 02:17:34.440
 Commissioner Cole?

02:17:34.440 --> 02:17:35.440
 Aye.

02:17:35.440 --> 02:17:41.200
 Chair is also an aye. Motion carries 7-0. The next item of business is item 4B, PE 20-0001.

02:17:41.200 --> 02:17:44.560
 And I'll invite Haley Zagorski for presentation on this item.

02:17:44.560 --> 02:17:51.040
 Good evening, commissioners. Haley Zagorski, senior planner. This item is a extension request

02:17:51.040 --> 02:17:56.760
 for the Audra Point subdivision. The property is outlined in yellow on the map. It is 13.2

02:17:56.760 --> 02:18:01.480
 acres located on both the east and south side of Audra Lane. The preliminary plat for the

02:18:01.480 --> 02:18:06.680
 subdivision included 53 single family lots and two open space lots. It was originally

02:18:06.680 --> 02:18:12.720
 approved in October of 2018, which means it is set to expire per the Denton Development

02:18:12.720 --> 02:18:19.800
 Code two years later on October 24, 2020. The applicant in the interim two years since

02:18:19.800 --> 02:18:24.000
 this approval has been working with neighboring properties that are being developed both to

02:18:24.000 --> 02:18:29.040
 the north and the east, as well as with city engineering staff to find a resolution for

02:18:29.040 --> 02:18:34.520
 some drainage challenges they were facing along Audra Lane. So those developers have

02:18:34.520 --> 02:18:39.920
 worked together and come up with a solution for a regional detention facility that will

02:18:39.920 --> 02:18:45.440
 be located on the eastern adjoining property that will solve the issues for these two developments.

02:18:45.440 --> 02:18:50.200
 And the one to the north has found a different solution for their individual property. But

02:18:50.200 --> 02:18:55.520
 those challenges did take time to work through. However, in the last two to three months,

02:18:55.520 --> 02:19:00.880
 they have gotten civil engineering plans submitted, reviewed, those are almost ready for approval,

02:19:00.880 --> 02:19:05.040
 and a final plat for the subdivision was submitted yesterday and will be coming to you all in

02:19:05.040 --> 02:19:11.200
 November. Just in case anything else comes up, any last-minute surprises, they have requested

02:19:11.200 --> 02:19:16.300
 this extension for six months to allow them a little bit of leeway there in their schedule

02:19:16.300 --> 02:19:22.480
 to finish up the final final plant and civil engineering plans for the subdivision. Staff

02:19:22.480 --> 02:19:27.680
 is recommending approval of this request again for six months since the applicant has demonstrated

02:19:27.680 --> 02:19:32.800
 a continual progression towards the completion of this project. And the applicant is on the

02:19:32.800 --> 02:19:35.840
 line if you all had any specific questions from this evening.

02:19:35.840 --> 02:19:42.640
 Great. Thank you very much, Haley. Commissioner Anderson.

02:19:42.640 --> 02:19:46.560
 I'll make a motion to approve the extension. Commissioner Pernetta.

02:19:46.560 --> 02:19:51.160
 Second that. So we have a first and a second for approval

02:19:51.160 --> 02:19:57.440
 of the extension. Any discussion? Seeing none, I'll call for a vote via roll call. Commissioner

02:19:57.440 --> 02:19:58.440
 Beck. Aye.

02:19:58.440 --> 02:19:59.440
 Commissioner Ellis. Aye.

02:19:59.440 --> 02:20:00.440
 Commissioner Pernetta. Aye.

02:20:00.440 --> 02:20:01.440
 Commissioner Anderson. Aye.

02:20:01.440 --> 02:20:02.440
 Commissioner Smith. Aye.

02:20:02.440 --> 02:20:03.440
 Commissioner Haley. Aye.

02:20:03.440 --> 02:20:17.840
 Chair is also an aye. Motion carries 7-0. The next item of business is item 4C, FP20-0022.

02:20:17.840 --> 02:20:26.640
 This item is presented by Carina Maldonado. Carina Maldonado, Assistant Planner. The request

02:20:26.640 --> 02:20:31.920
 before you is for approval of the final flat of Glenwood Meadows addition. The subject

02:20:31.920 --> 02:20:38.720
 site is approximately 68.774 acres and is located on the southeast side of future Bonnie

02:20:38.720 --> 02:20:46.240
 Bray, approximately 750 feet north of Vintage Boulevard. The previous request of denial

02:20:46.240 --> 02:20:53.880
 is being modified by staff to now recommend approval as the previous reasons for denial

02:20:53.880 --> 02:21:00.800
 have now been addressed and the plat now meets all minimum standards for approval. With that,

02:21:00.800 --> 02:21:06.960
 I'll take any question. Thank you, Carina, for presentation. Is there any questions or

02:21:06.960 --> 02:21:16.080
 a motion? Commissioner Anderson. I'll make a motion to approve. We have a first for approval.

02:21:16.080 --> 02:21:22.840
 Commissioner Smith. I'll second. We have a first and a second for approval. Any discussion?

02:21:22.840 --> 02:21:29.120
 Commissioner Beck. Thank you, Chair. Similar to the other issue, I hate to constantly pick

02:21:29.120 --> 02:21:36.840
 on Carina, but I don't think this matches our erosion control protocols. I disagree with

02:21:36.840 --> 02:21:42.600
 staff. I think you're asking to have these properties, especially the ones along the

02:21:42.600 --> 02:21:48.480
 flood plain in that little lake, the future issues that we have to mitigate with bulldozers

02:21:48.480 --> 02:21:54.200
 that would be not necessary if we just pulled back a few of these lots and made them HOAs

02:21:54.200 --> 02:22:03.720
 or something else. So, you know, barring that option, I think, you know, 264D and 245E7

02:22:03.720 --> 02:22:10.160
 are justifications with backup from 751 and 735D for erosion control. So I'm not going

02:22:10.160 --> 02:22:15.840
 to be supporting this. I would otherwise, but I think there's a drainage issue here.

02:22:15.840 --> 02:22:23.000
 Okay. Thank you, Commissioner Beck. We do have a first and a second for approval. Commissioner

02:22:23.000 --> 02:22:31.720
 Pernitta? I just have a question based on that. So based on Commissioner Beck's concern,

02:22:31.720 --> 02:22:37.360
 as opposed to opposing it, I mean, is this something that you feel could be remediated

02:22:37.360 --> 02:22:45.040
 with an amendment or something like that? Are you asking me, Commissioner Pernitta?

02:22:45.040 --> 02:22:50.440
 Yeah, yeah. I'm asking you if there is something that you think that we could propose and take

02:22:50.440 --> 02:22:53.440
 to staff that would make you more comfortable with it?

02:22:53.440 --> 02:22:57.920
 Yeah, I sort of alluded to it. Thank you, Commissioner Pernitta. I alluded to it, that

02:22:57.920 --> 02:23:03.280
 if we were to move, rearrange some of those floodplain facing lots to where there was

02:23:03.280 --> 02:23:10.960
 more adequate room for erosion mitigation, soil creep, you know, less danger, you know,

02:23:10.960 --> 02:23:17.840
 rotate a few of the lots, maybe make a couple HOA regions, more specifically along that

02:23:17.840 --> 02:23:22.800
 eastern region, I could probably see my way going for this. But in general, I know that

02:23:22.800 --> 02:23:30.240
 that is something that most developers are loathe to do because those lots are valuable

02:23:30.240 --> 02:23:37.560
 to them. So I guess if they were willing to sort of pull that back a little bit and make

02:23:37.560 --> 02:23:46.740
 this more viable, then I probably could lend support. But barring that, I don't feel comfortable.

02:23:46.740 --> 02:23:54.840
 As a point of order, in terms of processes, I think in order to do that, what Commissioner

02:23:54.840 --> 02:23:58.560
 Pernitta and Commissioner Beck were speaking of, we would need to deny the plat and need

02:23:58.560 --> 02:24:02.760
 to be resubmitted with updates so it meets all technical requirements. It'd be really

02:24:02.760 --> 02:24:07.840
 hard to put an amendment on removing lots and not understand the technical requirements

02:24:07.840 --> 02:24:14.000
 of that. So certainly if the motion to approve fails, and then we have a denial on our hands,

02:24:14.000 --> 02:24:20.800
 it would be brought back under a new, potential new design to staff to make sure it meets

02:24:20.800 --> 02:24:24.600
 technical requirements. Thank you Chair. I take the Chair's point under advisement. Thank

02:24:24.600 --> 02:24:32.560
 you, Chair. Any other discussion? Okay, we have a first and second on the board for an

02:24:32.560 --> 02:24:40.400
 approval. We will vote via roll call. Commissioner Beck? Nay. Commissioner Ellis? Aye. Commissioner

02:24:40.400 --> 02:24:50.560
 Pernitta? Aye. Commissioner Anderson? Aye. Commissioner Smith? Aye. Commissioner Cole?

02:24:50.560 --> 02:25:01.320
 Aye. Chair is also an aye. Motion carries 6-1. The next item of business, item 4D, PP20-0020.

02:25:01.320 --> 02:25:09.640
 This item is presented by Julie Wyatt. Good evening, Julie Wyatt, Senior Planner. This

02:25:09.640 --> 02:25:18.720
 is PP20-0020. This is a single family residential subdivision in the Preserve at Pecan Creek.

02:25:18.720 --> 02:25:24.280
 At this time, the plat does not meet all of the requirements, so staff recommends denial.

02:25:24.280 --> 02:25:31.000
 However, the applicant has requested an extension, and so, and staff has no issue with that extension

02:25:31.000 --> 02:25:38.940
 to the November 4th, 2020 meeting. Okay. Thank you, Julie. Commissioner Cole, is that a hand

02:25:38.940 --> 02:25:44.360
 raise or a swatting of a fly? If it was a hand raise, can we motion to postpone right

02:25:44.360 --> 02:25:52.800
 now? Yeah. Okay. I motion to postpone. Commissioner Anderson? I second, Commissioner Cole. Okay.

02:25:52.800 --> 02:25:56.080
 Just for clarification, Commissioner Cole, you're wanting to postpone to a date certain

02:25:56.080 --> 02:26:01.560
 of November 4th? Yes, Chair. Thank you. Okay. So we have a first and a second for the 30-day

02:26:01.560 --> 02:26:06.480
 extension, which goes to the next. Yes, ma'am. Mr. Chair, I just wanted to clarify that the

02:26:06.480 --> 02:26:12.680
 motion is to approve the request for the extension. Commissioner Cole, is the motion to approve

02:26:12.680 --> 02:26:17.000
 the request for an extension? The motion is to approve the request for an extension, Chair.

02:26:17.000 --> 02:26:21.000
 Thank you. Thank you. And Commissioner Anderson, are you good with that wording? Absolutely.

02:26:21.000 --> 02:26:26.720
 Fantastic. Thank you for that clarification, Cynthia. We have a first and a second. Any

02:26:26.720 --> 02:26:35.320
 discussion? Seeing none, we'll call for a vote via roll call. Commissioner Beck? Aye.

02:26:35.320 --> 02:26:42.240
 Commissioner Ellis? Aye. Commissioner Panetta? Aye. Commissioner Anderson? Aye. Commissioner

02:26:42.240 --> 02:26:49.720
 Smith? Aye. Commissioner Cole? Aye. Chair is also an aye. Motion carries 7-0. The next

02:26:49.720 --> 02:26:59.400
 item of business is item 4E, FR20-0008A. This item is presented by Ron Maguida. And the

02:26:59.400 --> 02:27:12.840
 floor is yours, when ready. Thank you, Chair. Let me pull up the presentation. Good evening.

02:27:12.840 --> 02:27:18.280
 This is Ron Maguida, principal planner with Development Services. For your consideration,

02:27:18.280 --> 02:27:26.480
 this evening is a final reply for a property located between Crowe and Senna. The application

02:27:26.480 --> 02:27:31.560
 when it was sent out or the packet that was sent out on Friday had previously a recommendation

02:27:31.560 --> 02:27:37.640
 of denial. There was one item that needed to be addressed. Since Friday, the applicant

02:27:37.640 --> 02:27:45.680
 has submitted the HOA docs documents related to this particular project. It has been reviewed

02:27:45.680 --> 02:27:51.600
 and approved. Therefore, the recommendation for this final reply has been amended for

02:27:51.600 --> 02:27:56.880
 a recommendation of approval that it meets the established approval criteria for a final

02:27:56.880 --> 02:28:02.460
 replat. That concludes my presentation. I'll be happy to answer any questions. Okay. Commissioner

02:28:02.460 --> 02:28:07.200
 Beck? Thank you, Chair. Ron, I forgot to ask you this in work session, and I see it on

02:28:07.200 --> 02:28:12.280
 my notes here. What's that little sliver of land in the southwest going to be used for,

02:28:12.280 --> 02:28:21.280
 does it say? I'm just curious. We'll back up. I mean, you could say nothing or it doesn't

02:28:21.280 --> 02:28:26.740
 matter. I just want to make sure. It's just the remnant of the lot, and that's why it's

02:28:26.740 --> 02:28:32.160
 shown this way. It's too narrow to do anything, so it will most likely be just landscaping.

02:28:32.160 --> 02:28:42.960
 Okay. Thank you, Ron. Thank you for the presentation, Ron. Any questions or a motion? Commissioner

02:28:42.960 --> 02:28:51.400
 Ellis? Move approval. Commissioner Beck? I second if we could have a friendly amendment

02:28:51.400 --> 02:28:57.240
 to the staff recommendations. Isn't there specific recommendations on there from staff?

02:28:57.240 --> 02:29:04.320
 There is none. No, then I second. Okay. We have a first and a second for approval. Any

02:29:04.320 --> 02:29:11.600
 discussion? Seeing none, we'll call for a vote via roll call. Commissioner Beck? Aye.

02:29:11.600 --> 02:29:17.960
 Commissioner Ellis? Aye. Commissioner Pernetta? Aye. Commissioner Anderson? Aye. Commissioner

02:29:17.960 --> 02:29:26.880
 Smith? Aye. Commissioner Kohl? Aye. Chair is also an aye. Motion carries 7-0. I second

02:29:26.880 --> 02:29:35.320
 if we could have a friendly amendment. Next item of business is item 4, FPZ 20-223. Ron,

02:29:35.320 --> 02:29:56.480
 do you just want to summarize what this item is about? Yes. One second. There we go. Try

02:29:56.480 --> 02:30:05.480
 to find a PowerPoint presentation. This is related to the development code review committee

02:30:05.480 --> 02:30:12.640
 nomination selection. The development code review committee for this particular item

02:30:12.640 --> 02:30:22.480
 today for your selection is for the committee to provide staff assistance in the process

02:30:22.480 --> 02:30:29.800
 of code amendments by providing guidance and also providing review and prioritizing our

02:30:29.800 --> 02:30:34.800
 recommended code amendments. Ultimately, the objective is to make a recommendation to the

02:30:34.800 --> 02:30:42.100
 full council. Currently, the development code review committee sits three city council members,

02:30:42.100 --> 02:30:48.600
 John Ryan, Keely Briggs, Chris Watts, and also two current planning zoning commissioners,

02:30:48.600 --> 02:30:53.240
 Angel Rozelle and Margie Ellis. What we are seeking is to fill that third vacancy under

02:30:53.240 --> 02:30:59.840
 the planning zoning commissioners. Again, this is for the development code review committee,

02:30:59.840 --> 02:31:05.840
 which on October 6th, yesterday, the city council approved or adopted a resolution to

02:31:05.840 --> 02:31:12.320
 reestablish the development code review committee. That concludes my presentation. I'll be happy

02:31:12.320 --> 02:31:22.160
 to answer any questions. Thank you, Ron. Before he gets a chance to nominate himself, what

02:31:22.160 --> 02:31:32.840
 I'd like to do is nominate Commissioner Smith for the DCRC. Commissioner Ellis. Second.

02:31:32.840 --> 02:31:35.960
 We have a first and a second for that. Is there any other nominations that want to be

02:31:35.960 --> 02:31:44.000
 put forth? Commissioner Beck. Yeah, I wouldn't mind serving on that committee, so I'd like

02:31:44.000 --> 02:32:00.200
 to nominate myself. Okay, great. And out of ignorance, maybe Ron or Richard can direct

02:32:00.200 --> 02:32:07.000
 me when we have multiple nominations, do we go into certain order for voting or how, what's

02:32:07.000 --> 02:32:13.600
 the procedure that the chair should be following here? I would have to double check Robert's

02:32:13.600 --> 02:32:22.400
 rules of order. Mr. Chair. Yes, ma'am. You could take a vote on the first person that

02:32:22.400 --> 02:32:30.320
 was nominated. Okay. And then if that passes, this, the position be filled or do we still

02:32:30.320 --> 02:32:45.740
 wouldn't, would, do we still vote on the second? Oh, I want to be mindful procedures. Yes.

02:32:45.740 --> 02:32:49.760
 I'm not going to ask the logical question if they both pass, but we'll go instead to

02:32:49.760 --> 02:32:54.720
 Commissioner Beck. If we're starting with Commissioner Smith and he succeeds, then I

02:32:54.720 --> 02:33:01.240
 will withdraw. That will avoid the issue. Commissioner Beck, that would be quite a conciliatory

02:33:01.240 --> 02:33:05.280
 of you. Let's take the vote for Commissioner Smith and we'll go from there. We do have

02:33:05.280 --> 02:33:10.600
 a first and a second. We'll do a vote via roll call. This is for the commission to approve

02:33:10.600 --> 02:33:17.600
 the nomination of Commissioner Smith for service on the DCRC. First goes to Commissioner Beck.

02:33:17.600 --> 02:33:24.240
 Well, since I've nominated myself, I will say nay. Sorry, Tim. All due respect. I am

02:33:24.240 --> 02:33:37.800
 sure. Commissioner Ellis. Aye. Commissioner Pernetta. Terribly uncomfortable. Aye. We're

02:33:37.800 --> 02:33:46.240
 back in grade school strangely. Commissioner Anderson. Aye. Commissioner Smith, do you

02:33:46.240 --> 02:33:52.960
 accept the nomination? Okay. I probably should ask that earlier on. Cynthia didn't tell me

02:33:52.960 --> 02:33:56.360
 to do that. You just started going on about it. It's good. It's gonna be called Andrews

02:33:56.360 --> 02:34:05.320
 Rolls Royale. Rosels, but continue. So Commissioner Smith, I apologize. Are you in a yay or nay?

02:34:05.320 --> 02:34:12.880
 I'm a yay for myself. Yes. Okay. Commissioner Cole. Yay. The chair is also a yay. That passes

02:34:12.880 --> 02:34:19.240
 six one. Commissioner Beck. Chair, I'd like to withdraw my nomination. Well, thank you

02:34:19.240 --> 02:34:22.640
 for doing that. And thank you for actually volunteering as well. Both of those things

02:34:22.640 --> 02:34:29.000
 is certainly admirable for my position. And congrats to you, Commissioner Smith for service

02:34:29.000 --> 02:34:34.320
 on the DCRC. Thank you everybody for voting for me. The next item of business is item

02:34:34.320 --> 02:34:43.200
 four, excuse me, 5A, DCA 20-0004. This item is going to be presented by, I believe it

02:34:43.200 --> 02:34:54.560
 is back to Ron Maguida. Yes. And I'll open the public hearing. Okay. This time I've got

02:34:54.560 --> 02:35:07.400
 my PowerPoint presentation. Make sure I've got everything. Can you hear me? Okay. Sorry.

02:35:07.400 --> 02:35:13.920
 This is a code amendment to the table of allowed uses under sub-chapter five for tattoo and

02:35:13.920 --> 02:35:22.680
 piercing parlor. The rule currently, it's not permitted in the MN zoning district. And

02:35:22.680 --> 02:35:31.080
 the issue here is that there are existing tattoo and piercing parlors that are currently

02:35:31.080 --> 02:35:38.040
 in business under the MN, which means they're considered non-conforming. Prior to the 2019

02:35:38.040 --> 02:35:43.920
 development code update under the NRMU 12, NRMU, these types of businesses were permitted

02:35:43.920 --> 02:35:51.520
 under professional services and offices. Currently there are seven existing businesses that fall

02:35:51.520 --> 02:35:59.280
 under the non-conforming use category. What options we have as option one is to leave

02:35:59.280 --> 02:36:04.960
 them as non-conforming or option two is to amend the table of allowed uses and add a

02:36:04.960 --> 02:36:12.640
 P plus under the MN zoning district. Staff is recommending option two. This is just to

02:36:12.640 --> 02:36:19.880
 illustrate that there are a number of these businesses, the tattoo and body piercing locations,

02:36:19.880 --> 02:36:26.960
 parlors location that is of the 16, seven are currently in the MN zoning district. And

02:36:26.960 --> 02:36:31.760
 again, based on the 2019 development code, they are considered non-conforming. And what

02:36:31.760 --> 02:36:38.640
 we're trying to do is address that non-conformity by allowing that use under the MN. What staff

02:36:38.640 --> 02:36:45.480
 is recommending is to add a P plus to the table of allowed uses. What that will mean

02:36:45.480 --> 02:36:51.840
 is that it would be permitted with a use specific standard. And that use specific standard as

02:36:51.840 --> 02:36:58.680
 specified here under 535 P that tattoo and body piercing parlors shall comply with licensing

02:36:58.680 --> 02:37:04.960
 and certification requirements of the Texas department of state health services. And that

02:37:04.960 --> 02:37:11.080
 concludes my presentation. Be happy to stand for any questions.

02:37:11.080 --> 02:37:16.680
 Thank you, Ron. Commissioner Beck. Thank you, chair. Ron, this isn't going to, if this passes,

02:37:16.680 --> 02:37:22.600
 this isn't going to require any action by those seven non-conforming businesses, correct?

02:37:22.600 --> 02:37:29.880
 No, sir. They would just operate as, as, as is. But if they were to, you know, obtain

02:37:29.880 --> 02:37:35.200
 another CEO or, you know, change hands, that's the only time that anything would change for

02:37:35.200 --> 02:37:40.440
 them. And of course, now that if this passes, they would be conforming in that new user

02:37:40.440 --> 02:37:49.680
 would have a conforming use on their CEO. Thank you, Ron. Commissioner Beck. I motion

02:37:49.680 --> 02:37:57.040
 to approve as stated by staff. So real quickly, I want to make sure there's

02:37:57.040 --> 02:38:02.520
 no public comment. Before I close public hearing, I'm getting no. So I'll go ahead and close

02:38:02.520 --> 02:38:07.200
 the public hearing. I'll receive the, the motion from commissioner Beck. Commissioner

02:38:07.200 --> 02:38:13.120
 Smith. And Commissioner Ellis, you had your hand up. I just wanted to check in with you.

02:38:13.120 --> 02:38:17.320
 Yeah, thanks, chair. I wanted to bring up that the draft ordinance does have that typo

02:38:17.320 --> 02:38:22.040
 that Richard mentioned. Is that something that we could maybe move into this motion

02:38:22.040 --> 02:38:27.460
 possibly as a friendly amendment to ensure that that typo gets fixed to include the plus

02:38:27.460 --> 02:38:35.000
 on the HC district that is currently not there in the draft ordinance?

02:38:35.000 --> 02:38:39.160
 We certainly could. It wouldn't, I think, is that that section wouldn't change anyways

02:38:39.160 --> 02:38:43.320
 and it wasn't advertised, but, but we could certainly include that as a part of the motion

02:38:43.320 --> 02:38:50.500
 if, if, if we need to. Commissioner Beck. Can I, can I ask Cynthia, is that something

02:38:50.500 --> 02:38:56.840
 that Richard says we don't need to, but is that something we should do for completeness?

02:38:56.840 --> 02:39:01.840
 By the way, I'm happy to make that friendly motion, by the way. Mr. Chair and members

02:39:01.840 --> 02:39:06.880
 of the commission, that, that is just a draft ordinance that is subject to change that was

02:39:06.880 --> 02:39:12.840
 attached to the agenda, but you can certainly clarify that in the motion if you'd like,

02:39:12.840 --> 02:39:16.700
 but we'll make sure it's fixed when it goes to the council.

02:39:16.700 --> 02:39:21.440
 Then I take under advisement, the friendly motion following Richard and, and commissioner

02:39:21.440 --> 02:39:28.840
 Ellis's guidance to include those points in and recommending staff as recommended with

02:39:28.840 --> 02:39:34.280
 the typographical changes. Just to clarify the motion, you are approved,

02:39:34.280 --> 02:39:39.260
 your motion to approve the recommendation with the added verbiage that we add a plus

02:39:39.260 --> 02:39:47.360
 to this use in the HC zoning. Is that correct? Is that correct? Mr. Allison, do you second?

02:39:47.360 --> 02:39:54.160
 Oh, we're not adding it. We're just ensuring the draft ordinance is corrected to reflect

02:39:54.160 --> 02:40:01.520
 that. Understood. And you're okay with, with the amendment commissioner Ellis on the second.

02:40:01.520 --> 02:40:08.480
 I am. Oh, did commissioner Smith say it's not me? Okay. Great. Yes. Yes. I'm fine with

02:40:08.480 --> 02:40:13.040
 that. Okay. Great. Thanks for clarifying that. So we have a first and a second for approval

02:40:13.040 --> 02:40:19.380
 with that extra condition or clarification. Any discussion? Seeing none, I'll call for

02:40:19.380 --> 02:40:26.480
 a vote via roll call. Commissioner Beck. Aye. Commissioner Ellis. Aye. Commissioner Pernetta.

02:40:26.480 --> 02:40:35.400
 Aye. Commissioner Anderson. Aye. Commissioner Smith. Aye. Commissioner Cole. Aye. Chair

02:40:35.400 --> 02:40:41.760
 is also an aye. Motion carries seven zero. The next item of business is item five B as

02:40:41.760 --> 02:40:49.200
 in Bravo S 20 dash zero zero zero five. This is Sean Jacobson's item and I will open the

02:40:49.200 --> 02:40:58.760
 public hearing. Good evening. Chair, members of the commission. Let me just pull up the

02:40:58.760 --> 02:41:15.480
 presentation. All right. Good evening, chair and members of the planning and zoning commission.

02:41:15.480 --> 02:41:21.840
 My name is Sean Jacobson, assistant planner, and I'm here to present S 20 0 0 0 5 south

02:41:21.840 --> 02:41:28.300
 helm tire shop. This is a request for a specific use permit to permit a minor automotive repair

02:41:28.300 --> 02:41:33.980
 use on approximately 0.201 acres in the M N district. That's generally located on the

02:41:33.980 --> 02:41:40.400
 west side of South Elm Street, 70 feet north of the northwest corner of South Elm Street

02:41:40.400 --> 02:41:46.240
 and West Highland Street in the city of Denton. Uh, this request is required. The property

02:41:46.240 --> 02:41:52.800
 is zoned in the mix in the M N mixed use neighborhood district and, uh, an S U P is required to

02:41:52.800 --> 02:42:00.180
 have minor automotive repair use in this area. This is proposed for a developed lot. It has

02:42:00.180 --> 02:42:04.480
 an existing building and the use would be in that existing building. That building has

02:42:04.480 --> 02:42:10.040
 in the past been occupied by other automotive repair uses as well as air condition repair,

02:42:10.040 --> 02:42:16.720
 legal office, auto sales. So you can see here that proposed site plan from the applicant

02:42:16.720 --> 02:42:22.000
 the existing building with an existing opaque fence. The building is not proposed to be

02:42:22.000 --> 02:42:27.800
 added to or expanded in any way has the appropriate number of parking spaces for the use. It's

02:42:27.800 --> 02:42:33.680
 supposed to be a tire shop. I will discuss further the fact that the currently existing

02:42:33.680 --> 02:42:40.360
 dumpster would actually be removed and replaced at property owner expense with a rolling dumpster

02:42:40.360 --> 02:42:47.120
 that could be moved behind the fence out of sight. The surrounding development includes

02:42:47.120 --> 02:42:55.720
 a mix of commercial to the north auto related commercial to the east and duplex residential

02:42:55.720 --> 02:43:00.840
 to the south and west. So this is a commercial in an area that is a mix of commercial and

02:43:00.840 --> 02:43:08.400
 residential. You know that we have our general approval criteria as well as specific approval

02:43:08.400 --> 02:43:13.520
 criteria for S U P s and we'll tackle the highlights that kind of the key areas of those

02:43:13.520 --> 02:43:19.120
 two. One of the big ones is compatibility with the surrounding area. So this area is

02:43:19.120 --> 02:43:24.680
 a mixed use corridor area. You have both commercial and residential uses and this would be an

02:43:24.680 --> 02:43:29.960
 additional commercial use there. It's similar to a previous use of the property in a building

02:43:29.960 --> 02:43:35.760
 that's been in the area for over 25 years. This would be neighborhood serving commercial

02:43:35.760 --> 02:43:43.800
 in an area that's intended for a mix. Surrounding property is similarly also zoned M N. It's

02:43:43.800 --> 02:43:48.160
 currently developed. It could redevelop in the future, but this proposed specific use

02:43:48.160 --> 02:43:55.120
 is not expected to hinder any future redevelopment. It's also important to look at how any potential

02:43:55.120 --> 02:44:01.160
 negative impacts of this minor automotive use automotive repair use have been mitigated.

02:44:01.160 --> 02:44:07.640
 The first one is noise. There could be concerns related to the tools that are using the process.

02:44:07.640 --> 02:44:11.560
 One thing that helps with that is the design of the building. All bays face away from the

02:44:11.560 --> 02:44:17.560
 adjacent residential. In addition, staff is recommended and the applicant has accepted

02:44:17.560 --> 02:44:28.360
 condition of approval that all work be performed inside bays. Another issue is the visual as

02:44:28.360 --> 02:44:34.540
 well as specifically how the refuse areas handle use specific standard is applicable

02:44:34.540 --> 02:44:39.400
 to this use already that storage of equipment, auto parts and supplies used in serving the

02:44:39.400 --> 02:44:43.840
 vehicles must be maintained inside with in the enclosed structure. You can't have that

02:44:43.840 --> 02:44:49.280
 piled outside. Staff has recommended the additional condition of approval. The applicant agreed

02:44:49.280 --> 02:44:55.840
 to that no wrecked or inoperable vehicles may be stored on site. Staff is also recommended

02:44:55.840 --> 02:45:00.000
 as a condition of approval, the replacement of the unscreened dumpster that's currently

02:45:00.000 --> 02:45:04.240
 adjacent to the right of way with a wheeled dumpster that could be stored behind the fence.

02:45:04.240 --> 02:45:09.520
 So you can see here the dumpster is highlighted in orange there. It's adjacent to the neighboring

02:45:09.520 --> 02:45:14.520
 property. It's adjacent to the right of way. It's not screen. It would be replaced by a

02:45:14.520 --> 02:45:19.120
 dumpster of similar capacity that could be moved out of sight behind the fence except

02:45:19.120 --> 02:45:24.480
 for on the one day a week when it needed to be picked up. So that would be an improvement

02:45:24.480 --> 02:45:31.640
 both aesthetically and how the trash pickup is handled for this site. It's also important

02:45:31.640 --> 02:45:37.160
 to look at whether the pro specific use fits with the Denton plan 2030 for the area. This

02:45:37.160 --> 02:45:42.840
 is within the Denton, the downtown compatibility area, which is intended to provide compatibility

02:45:42.840 --> 02:45:50.000
 between residential and commercial adjacent to downtown. And it is important as a part

02:45:50.000 --> 02:45:53.900
 of that, according to the Denton plan 2030 to provide neighborhoods serving commercial

02:45:53.900 --> 02:45:58.400
 in a scale and form sensitive to the surrounding built context. Again, this is a building that

02:45:58.400 --> 02:46:05.120
 has been in the area. It's not being expanded and it is a commercial use within that building.

02:46:05.120 --> 02:46:10.720
 Denton plan 2030 also recommends development along corridors, which this would be, it's

02:46:10.720 --> 02:46:15.180
 along a primary arterial commercial development, as well as strengthening commercial areas

02:46:15.180 --> 02:46:20.400
 by facilitating non-residential adaptive reuse, info and redevelopment. This is a commercial

02:46:20.400 --> 02:46:25.720
 property that's currently vacant. This specific use would enable that to be occupied, active

02:46:25.720 --> 02:46:31.280
 and contributing to commercial in that area. It's important to look at whether we have

02:46:31.280 --> 02:46:37.880
 adequate public facilities traffic generation morning peak would be 11 trips an hour. Even

02:46:37.880 --> 02:46:42.440
 peak would be 13 trips in an hour as South Elm street is a primary arterial. And this

02:46:42.440 --> 02:46:47.040
 use is similar to the most recent previous use. It's not expected that this use will

02:46:47.040 --> 02:46:53.520
 cause negative impacts in terms of traffic. We've addressed how solid waste service would

02:46:53.520 --> 02:46:59.640
 be provided in an improved way with the rolling cart provided by the applicant and maintained

02:46:59.640 --> 02:47:03.840
 by the applicant and water, wastewater and other utilities are already provided the site.

02:47:03.840 --> 02:47:09.800
 You won't be any change or expansion needed to serve this use. We did inform the public

02:47:09.800 --> 02:47:15.960
 by newspaper ad, posting the sign, sending out notices. We did receive two letters in

02:47:15.960 --> 02:47:19.960
 opposition and those were included in your backup. The applicant held a neighborhood

02:47:19.960 --> 02:47:26.440
 meeting, which had one attendee who expressed concerns about noise and traffic did have

02:47:26.440 --> 02:47:31.680
 other concerns. But this applicant or this citizen did send in a letter and so you were

02:47:31.680 --> 02:47:39.720
 able to fully read their concerns. So with that staff recommends approval with the following

02:47:39.720 --> 02:47:44.160
 conditions as with those conditions, the proposed use meets the criteria for approval and is

02:47:44.160 --> 02:47:48.920
 consistent with didn't plan 2030. Conditions are the dumpster currently on the property

02:47:48.920 --> 02:47:54.000
 should be removed. Property owners shall provide at property owners expense a dumpster on casters

02:47:54.000 --> 02:47:57.680
 of the same capacity as the current dumpster on site. Property owners should be responsible

02:47:57.680 --> 02:48:01.320
 to maintain this dumpster in good working condition. Dumpster should be stored at all

02:48:01.320 --> 02:48:05.480
 times out of public view behind the fence shown on exhibit B, except on the one day

02:48:05.480 --> 02:48:09.640
 per week when the dumpster may be rolled out for emptying by Denton solid waste. The state

02:48:09.640 --> 02:48:12.640
 should be determined by agreement between the property owner and the city of Denton solid

02:48:12.640 --> 02:48:17.060
 waste department. When not behind the fence, dumpster should be placed in the area labeled

02:48:17.060 --> 02:48:21.760
 dumpster location on exhibit B 50 foot unobstructed area should be maintained in front of the dumpster

02:48:21.760 --> 02:48:26.200
 location to provide a path solid waste truck, as well as all work on vehicles will be conducted

02:48:26.200 --> 02:48:30.540
 inside vehicle bays and should not be performed outside. And there should be no storage of

02:48:30.540 --> 02:48:36.600
 rector and operable cars on the site. With that, my presentation is concluded and I will

02:48:36.600 --> 02:48:38.660
 stand for any questions you have.

02:48:38.660 --> 02:48:44.120
 Christopher Beck. Thank you, Chair. Um, Sean, I asked this in a different way at the work

02:48:44.120 --> 02:48:48.520
 session, but it's it's my understanding from what you told us at the work session that

02:48:48.520 --> 02:48:53.880
 this was this was has been an automotive repair shop for a number of years and then subsequently

02:48:53.880 --> 02:49:00.560
 the nearby residential was built within in. And so essentially the use predates the residents.

02:49:00.560 --> 02:49:07.540
 Is that correct? Yes, sir. That is my understanding. Okay, thank you, Sean. Any other questions

02:49:07.540 --> 02:49:14.920
 for Sean? Okay, I know the applicants send in a request card to speak this evening. I

02:49:14.920 --> 02:49:25.840
 believe it's Lee Allison. And sure, I do have his presentation ready. Okay, perfect. Mr.

02:49:25.840 --> 02:49:34.440
 Allison, are you I think you're I see you online. You're still muted. I believe I'm

02:49:34.440 --> 02:49:38.840
 unmuted now. Is it okay to speak? You are good if you just state your name and address

02:49:38.840 --> 02:49:47.560
 for the record. This is Lee Allison with Allison Engineering Group 2415 North Elm Street, Denton,

02:49:47.560 --> 02:49:53.720
 Texas with me this evening somewhere in Never Neverland or my clients and Adam Claycomb

02:49:53.720 --> 02:50:01.160
 from our office observing this as well. And Sean, when you're ready, I'd like to start

02:50:01.160 --> 02:50:06.160
 the presentation. I'm trying to watch on TV. So I hope I'm coordinated here. This is a

02:50:06.160 --> 02:50:13.680
 specific use permit for an Elm Street tire shop is titled by the staff and it's in a

02:50:13.680 --> 02:50:19.440
 zoning district mixed use neighborhood. And as indicated on the next slide, we didn't

02:50:19.440 --> 02:50:28.840
 have a neighborhood meeting. It was held on September 29 during as a 2020 is a zoom meeting.

02:50:28.840 --> 02:50:33.040
 First one we've ever conducted this way. I'm not sure how successful it really was, but

02:50:33.040 --> 02:50:40.760
 we tried one neighbor attended that was the one on the south that owns the the new SRO

02:50:40.760 --> 02:50:48.040
 duplex was a G representatives owner in the city. Sean was present. We did on our mailings

02:50:48.040 --> 02:50:52.920
 provider contact information to give people an opportunity to call in if they didn't make

02:50:52.920 --> 02:50:59.440
 the meeting. We are looking at ways to improve our notifications for these zoom meetings.

02:50:59.440 --> 02:51:06.440
 We did receive a letter of opposition or two of them as indicated on the next slide. One

02:51:06.440 --> 02:51:11.040
 was from the neighbor to the south with the with the duplex. And the other was from the

02:51:11.040 --> 02:51:16.720
 retail center to the north. The concern as they indicated were primarily noise, traffic

02:51:16.720 --> 02:51:29.800
 and land use. The noise as we see next. The concerns, Sean, I can switch please. We we're

02:51:29.800 --> 02:51:38.480
 we're on that page. You might have a slight delay on the TV. Okay, very good. We can see

02:51:38.480 --> 02:51:44.920
 the big issue being tenants of the newly constructed duplex next door. The bigger concerns would

02:51:44.920 --> 02:51:53.480
 be air compressor impact tools and traffic. And if we'll go to the next one, related to

02:51:53.480 --> 02:51:59.840
 the noise, we know that the city does have a noise ordinance, 65 decibels maximum the

02:51:59.840 --> 02:52:06.080
 property line. And the ordinance does discuss something regarding the nature of the noise,

02:52:06.080 --> 02:52:11.680
 an air hammer versus a violin or two different things, even at the same noise level. And

02:52:11.680 --> 02:52:19.160
 we realize that concern and respect it. A restaurant with an outdoor music, depends on what you're

02:52:19.160 --> 02:52:23.360
 playing could be offensive to somebody and somebody else is sitting out on the porch

02:52:23.360 --> 02:52:29.800
 enjoying it. We made some field measurements, the code requires 65 decibels maximum at the

02:52:29.800 --> 02:52:38.640
 property line. When we did, we made measurements on all four property lines. If we have nothing

02:52:38.640 --> 02:52:46.040
 just absolute silent on our building, no traffic, we're getting 61.2 decibels at the maximum

02:52:46.040 --> 02:52:54.000
 location and at the south property line adjacent to the duplex 56.3. If we have no equipment,

02:52:54.000 --> 02:53:00.040
 but with traffic going by cars coming by, we're at 71 maximum and 69 at the property

02:53:00.040 --> 02:53:06.360
 line with equipment inside the building where it's 61 and a half, both on maximum and at

02:53:06.360 --> 02:53:11.920
 the south property line. I expect that's because we've got everything muffled by the building.

02:53:11.920 --> 02:53:20.400
 And if the equipment is outside, we're running 66.3 and 66. Our noise remediation is indicated

02:53:20.400 --> 02:53:26.640
 next and Sean has presented it. We're willing to keep the equipment inside, keep all the

02:53:26.640 --> 02:53:32.680
 work inside. And we are limiting it to just two service bays or limiting tire service

02:53:32.680 --> 02:53:38.320
 to the two front bays. The rest of the building may be used for storing tires or some other

02:53:38.320 --> 02:53:46.920
 incidental office uses. On the next slide, the traffic, the tire shop with two bays has

02:53:46.920 --> 02:53:51.680
 limited parking, generates less traffic than other allowed uses would, a restaurant or

02:53:51.680 --> 02:53:57.940
 a club, for example. When I say limited operating hours, it's, I should say more like normal

02:53:57.940 --> 02:54:03.600
 operating hours, Monday through Friday, a little shorter on Saturday, shorter on Sunday,

02:54:03.600 --> 02:54:12.560
 but it's not a 24/7 operation. There were concerns about land use and I'd like to point

02:54:12.560 --> 02:54:20.920
 out that as we study the code, the zoning and the comp plan, we recognize this is a

02:54:20.920 --> 02:54:27.040
 transitional area and they're trying to make it downtown compatible. We expect there would

02:54:27.040 --> 02:54:34.400
 be declining auto service uses. There's quite a few auto service uses in the area today

02:54:34.400 --> 02:54:40.040
 and I can expect that the city anticipates that to decline as we convert more over time

02:54:40.040 --> 02:54:45.800
 to a downtown compatibility area. You'd like to see an increase in residential retail office

02:54:45.800 --> 02:54:53.520
 entertainment and recreation and allowed uses could compete with or support the opposition

02:54:53.520 --> 02:54:58.560
 to the north. The northern opposition is a retail center. I'm sure they'd like to see

02:54:58.560 --> 02:55:04.440
 more residential and professional offices in the area to utilize their facilities as

02:55:04.440 --> 02:55:10.400
 opposed to things like a tire shop that would not necessarily help much, maybe a couple

02:55:10.400 --> 02:55:16.520
 people going to a barbecue restaurant or something. And the SUP still allows the city to control

02:55:16.520 --> 02:55:21.880
 the expansion of auto service. For example, if there's a vacant lot out there, I think

02:55:21.880 --> 02:55:27.680
 I would have a hard time recommending approval of an auto service. In this transitional area

02:55:27.680 --> 02:55:34.720
 next please, we're taking an existing use and we want to change it. It's going to go

02:55:34.720 --> 02:55:41.200
 vacant or empty and after it goes vacant or empty, it could be abandoned or hopefully

02:55:41.200 --> 02:55:47.160
 repurposed but repurpose has a cost or it could be demolished and redeveloped. But how

02:55:47.160 --> 02:55:51.440
 this moves forward in the future is driven by the economics of the transitional development

02:55:51.440 --> 02:55:58.480
 versus the continuous use. And our rationale for the SUP is shown is that this building

02:55:58.480 --> 02:56:05.520
 is established for a minor auto service in 1964. It has been existed for that, the building

02:56:05.520 --> 02:56:10.800
 has existed for that purpose or use since then. The duplex next door, the completion

02:56:10.800 --> 02:56:20.240
 of construction was in 2020. The retail center was constructed in 1965. Our thought is that

02:56:20.240 --> 02:56:25.840
 an occupied building would be kept up better than one that is left empty or vacant. A vacant

02:56:25.840 --> 02:56:29.920
 building could be neglected and subject to court enforcement efforts to try and keep

02:56:29.920 --> 02:56:37.160
 it in a responsible manner. And as the area tends to transition, the city can still prevent

02:56:37.160 --> 02:56:42.120
 expansion of auto service by the nature of the SUPs, particularly on vacant lots that

02:56:42.120 --> 02:56:47.640
 are not really transitioning, they're just being developed. And the sites may redevelop

02:56:47.640 --> 02:56:53.360
 as the area transitions to a higher economy as the cap rates increase. It may be that

02:56:53.360 --> 02:56:59.320
 more residential rentals will do better than something like a tire shop would and people

02:56:59.320 --> 02:57:04.560
 have an incentive to move. And we encourage the investment, well, the investment in repurpose

02:57:04.560 --> 02:57:09.920
 requires more economic growth to redevelop. It's going to need more things like the neighbors

02:57:09.920 --> 02:57:17.480
 next to us and help it out. We would encourage the city to adopt some incentives that would

02:57:17.480 --> 02:57:23.160
 help land properties want to combine together, make for different type of developments instead

02:57:23.160 --> 02:57:28.760
 of just trying to redevelopment in the current configurations. We could get things too tight

02:57:28.760 --> 02:57:33.880
 and too pressed together. As we see it, the options for the city on the next slide, or

02:57:33.880 --> 02:57:41.040
 you could approve the SUP, which is sure is an active site. You can deny the SUP and it

02:57:41.040 --> 02:57:47.440
 becomes vacant and neglected possibly. Or it becomes vacant and there's property maintenance

02:57:47.440 --> 02:57:52.720
 issues and code enforcement gets involved. Or there's an opportunity for repurpose with

02:57:52.720 --> 02:58:00.160
 cost if this is denied. Or there's an opportunity for redevelopment with cost. We're just considering

02:58:00.160 --> 02:58:06.240
 what is the current and projected economic opportunity for the site. We believe that

02:58:06.240 --> 02:58:12.120
 occupying this building for a similar purpose that people are expecting and accustomed to

02:58:12.120 --> 02:58:18.920
 would be appropriate at this day and time. And does the city have any economic incentives?

02:58:18.920 --> 02:58:22.840
 Certainly the landowner may want to approach the city and downtown redevelopment if they

02:58:22.840 --> 02:58:28.040
 can see about doing some things to help spruce up the site a little bit. I think I've covered

02:58:28.040 --> 02:58:35.000
 all I expected too, and I'll be glad to answer any questions at this time.

02:58:35.000 --> 02:58:43.520
 Thank you, Mr. Allison. Any questions for the applicant? I do not see any, but I appreciate

02:58:43.520 --> 02:58:49.580
 you being here. And if questions come up, certainly stand by. For this, I got Commissioner

02:58:49.580 --> 02:58:55.280
 Beck. I was just going to make a motion for approval with staff recommendations. Okay,

02:58:55.280 --> 02:58:58.720
 just one minute. We actually are still in public hearing. We have someone on the call

02:58:58.720 --> 02:59:03.340
 on the phone who wants to speak. So this item, we didn't have anyone make use of the online

02:59:03.340 --> 02:59:08.100
 comment form, nor did anyone call and leave a message. However, we do have one person

02:59:08.100 --> 02:59:11.720
 who's been holding very patiently to speak with us on the phone this evening. I'm going

02:59:11.720 --> 02:59:32.280
 to ask staff to connect them to us now. Good evening. You are now with the Planning and

02:59:32.280 --> 02:59:36.160
 Zoning Commission. If you could please state your name and your address. You would have

02:59:36.160 --> 02:59:43.320
 three minutes to speak. Okay. Hello, my name is Kent. Last name is

02:59:43.320 --> 02:59:53.200
 Holman, and my address is 538 South Elm. I guess I can get to the chase. Have you had

02:59:53.200 --> 02:59:59.380
 a chance to read the letter that I submitted? We were provided your letter.

02:59:59.380 --> 03:00:04.920
 Okay, and it's been read or not because I don't want to waste time talking about things

03:00:04.920 --> 03:00:09.320
 you already know about. I would say for the edification of the commissioners,

03:00:09.320 --> 03:00:13.880
 just restate some of the high-level things in case anyone didn't read it. It was provided

03:00:13.880 --> 03:00:21.720
 to us. Okay, very good. So we had really three basic

03:00:21.720 --> 03:00:30.200
 concerns. The first was the noise level. I had a chance to look over the planning staff

03:00:30.200 --> 03:00:38.380
 analysis. It doesn't really address the noise level concerns that we had. It talks about

03:00:38.380 --> 03:00:45.160
 the orientation of the paperwork and such, but doesn't really get into the increased

03:00:45.160 --> 03:00:51.200
 traffic. I assumed 18 in my letter, 18 cards a day. Your report says it's probably more

03:00:51.200 --> 03:00:56.640
 like 24 cards a day, weekdays, 88 cards on the weekend. So that's a lot of cards going

03:00:56.640 --> 03:01:00.840
 in and out. I'm concerned about the place. Let me just give you a little background.

03:01:00.840 --> 03:01:08.600
 It's a duplex housing eight students, four students on each side, and they're UNT students,

03:01:08.600 --> 03:01:16.880
 so everybody's online, and I'm really trying to keep the noise to a minimum there. So that

03:01:16.880 --> 03:01:23.400
 was my major concern was just the noise for them through traffic and, of course, through

03:01:23.400 --> 03:01:31.520
 impact wrenches and other equipment used for the tire services. My second concern was that

03:01:31.520 --> 03:01:40.360
 there's already at least four places within a half mile that are doing the tire service,

03:01:40.360 --> 03:01:43.200
 including right across the street. You've got Hugo's across the street. You've got

03:01:43.200 --> 03:01:51.200
 Briscoe that's .2 miles away. You have PMB and Automax that are both a half mile away.

03:01:51.200 --> 03:01:57.640
 So to argue that the service is necessary downtown, I just don't think that holds a

03:01:57.640 --> 03:02:06.400
 whole lot of water. Your analysis talks about scale and form sensitivity to surrounding

03:02:06.400 --> 03:02:13.880
 build context. Well, I mean, I'm not sure in scale that you need a fifth tire shop within

03:02:13.880 --> 03:02:20.800
 that area, but that's my two cents. Your report also talks about the visual impact

03:02:20.800 --> 03:02:28.280
 and makes quite a big deal basically over moving a dumpster, but I don't know if you

03:02:28.280 --> 03:02:33.400
 guys have looked at this property, like really looked at it, and I'm wondering, and I don't

03:02:33.400 --> 03:02:39.480
 know if this can be answered, what city ordinances cover this place because it's got two signs

03:02:39.480 --> 03:02:43.800
 that have exposed electrical hanging off of it. One of them at a tilt, don't know how

03:02:43.800 --> 03:02:50.040
 long it's going to last. It's got a retaining wall that's on its property that is looking

03:02:50.040 --> 03:02:56.480
 pretty compromised. There's an area that holds water next to this place. The paint is a mess.

03:02:56.480 --> 03:03:04.600
 So to say that the visual impact is a dumpster up front, I think it's a real misrepresentation

03:03:04.600 --> 03:03:13.720
 of what's going on there. So I don't want to take up a whole bunch of your time, but

03:03:13.720 --> 03:03:19.520
 I do hope you'll read our letter and I am interested. I do have questions, so it's kind

03:03:19.520 --> 03:03:25.160
 of sad that I have three minutes because I have questions about the city ordinances and

03:03:25.160 --> 03:03:30.800
 how they cover a property like this and what are the permit circumstances for them. They

03:03:30.800 --> 03:03:35.600
 didn't have a permit or they had a shop next door to me for three years that apparently

03:03:35.600 --> 03:03:42.280
 wasn't permitted. I mean, maybe there's a perfectly reasonable explanation for that,

03:03:42.280 --> 03:03:47.520
 but I just like to know that. I don't want to assume bad things about the property owner,

03:03:47.520 --> 03:03:54.880
 but I'd like to know what the situation was. I guess I'll just sum up by saying, my wife

03:03:54.880 --> 03:04:00.640
 and I, we built that place as an investment. It took a year because of COVID and so to

03:04:00.640 --> 03:04:07.680
 have a tire shop that's going to create noise next to it, that impacts what I can charge

03:04:07.680 --> 03:04:12.120
 for the place, impacts my property value. And I just, I really don't feel like it's

03:04:12.120 --> 03:04:16.320
 the right thing to do. You know, when I built that place, I could have put two of those

03:04:16.320 --> 03:04:22.080
 places on the same property. And I'd say this in my letter, but I chose not to because parking

03:04:22.080 --> 03:04:29.200
 is an issue down there. So I put my own parking and put one building. And so I do have the

03:04:29.200 --> 03:04:34.480
 city's interests at heart. And I really hope that y'all will just take that into consideration.

03:04:34.480 --> 03:04:39.080
 And I'm sure my three minutes is up. So I really appreciate the time to talk to all

03:04:39.080 --> 03:04:40.080
 of y'all tonight.

03:04:40.080 --> 03:04:45.200
 Well, I appreciate it being patient calling in. It's certainly valuable to have public

03:04:45.200 --> 03:04:53.820
 inputs. I appreciate that. Is there any questions for the caller? I do not see any questions

03:04:53.820 --> 03:04:56.700
 and there is no one else wanting to speak.

03:04:56.700 --> 03:04:57.700
 Commissioner Ellis.

03:04:57.700 --> 03:05:04.920
 Thank you, chair. It's not really a question, but maybe Sean, maybe you could get with him

03:05:04.920 --> 03:05:08.680
 offline. Obviously he has questions about other things with regard to development downtown

03:05:08.680 --> 03:05:14.060
 and around his site. So maybe you can get together and direct him to where in the city

03:05:14.060 --> 03:05:17.040
 he can get some questions answered.

03:05:17.040 --> 03:05:19.080
 Certainly. Absolutely.

03:05:19.080 --> 03:05:26.080
 Yeah, that'd be great. You know, I just, I don't know about if signs can be nonconforming,

03:05:26.080 --> 03:05:30.320
 you know, like they are now or, you know, if there are other repair issues that are

03:05:30.320 --> 03:05:34.720
 nonconforming. I'd like to know about that. I found them in the city ordinances, but I'm

03:05:34.720 --> 03:05:39.720
 not really sure if they apply. And I certainly, I could use the education if nothing else.

03:05:39.720 --> 03:05:45.320
 Well, our staff is a wealth of information, so you will be enlightened. I know it.

03:05:45.320 --> 03:05:47.960
 Yeah, for sure. For sure.

03:05:47.960 --> 03:05:51.120
 That's a good recommendation, Commissioner Ellis. Thank you for doing that. And thank

03:05:51.120 --> 03:05:56.440
 you, Sean, for following up with him. At this time, we're going to close the public hearing.

03:05:56.440 --> 03:06:05.040
 And Commissioner Beck, I want to come back to you. You. Commissioner Smith seems to have

03:06:05.040 --> 03:06:06.040
 a comment.

03:06:06.040 --> 03:06:10.520
 No, I'm going to second your motion, Commissioner Beck. I would like to make a motion to approve

03:06:10.520 --> 03:06:12.600
 with staff recommendations then, Chair.

03:06:12.600 --> 03:06:15.240
 Gotcha. I appreciate that. And Commissioner Smith?

03:06:15.240 --> 03:06:20.840
 I'd like to second before I finish my motion. I just want to say to the individual that

03:06:20.840 --> 03:06:26.840
 built your duplex next to the subject property, you know, but I feel your pain on having an

03:06:26.840 --> 03:06:31.920
 investment and possibly having something next to it that might lessen that investment cost

03:06:31.920 --> 03:06:38.480
 or that investment value. It is historic. I shouldn't call it historic. It is a legacy

03:06:38.480 --> 03:06:45.280
 piece downtown of has a history of being entire shop. And I think that Mr. Allison mentioned

03:06:45.280 --> 03:06:51.160
 a little while ago that there's really kind of the best possible option is for us to allow

03:06:51.160 --> 03:06:56.240
 for development of that property and to a lot of your facade questions about exposed

03:06:56.240 --> 03:07:00.400
 wires and signs and retaining walls and dumpsters and those kinds of things. I'm sure knowing

03:07:00.400 --> 03:07:05.120
 Mr. Allison and Allison Engineering's work, they're probably not going to move a tenant

03:07:05.120 --> 03:07:10.040
 into that space without doing some improvements and beautifying it just a little bit. So at

03:07:10.040 --> 03:07:13.040
 the very least, yeah, you might have a fifth tire shop, but at the very least, you may

03:07:13.040 --> 03:07:18.240
 not have as much of an eyesore on your hands. So with that, I will second the motion to

03:07:18.240 --> 03:07:20.160
 Commissioner Beck.

03:07:20.160 --> 03:07:25.640
 We have a first and a second. Any discussion on the item? Scene nine, I'm going to call

03:07:25.640 --> 03:07:27.440
 for a vote via roll call.

03:07:27.440 --> 03:07:36.240
 Commissioner Beck. Aye. Commissioner Ellis. Aye. Commissioner Anderson. Aye. Commissioner

03:07:36.240 --> 03:07:45.920
 Cole. Aye. Commissioner Smith. Aye. Commissioner Pernetta. Aye. Chair is also an aye. Motion

03:07:45.920 --> 03:07:57.760
 carries seven zero. The next item of business is item five CZCI 20-0001B. This item is being

03:07:57.760 --> 03:08:01.520
 presented by Ron Maguida and I will open the public hearing.

03:08:01.520 --> 03:08:08.640
 Thank you, Chair. Ron Maguida, principal planner with Development Services. Let me pull up

03:08:08.640 --> 03:08:30.080
 my presentation. And here we go. This is a rezoning, zoning change request for property

03:08:30.080 --> 03:08:39.640
 located at the Loop. Presentation will be made by myself, including Danny Shaw with Community

03:08:39.640 --> 03:08:46.160
 Development. She is the community services manager. She is aware and more familiar with

03:08:46.160 --> 03:08:50.580
 as far as the programming of the subject used. But what we're going to be talking about first

03:08:50.580 --> 03:08:59.240
 is the subject rezoning. For your edification, the property is located here on Loop 288.

03:08:59.240 --> 03:09:06.120
 The request is to rezone the property from SC Suburban Corridor to Public Facilities PF.

03:09:06.120 --> 03:09:11.440
 It's approximately five acres. It is currently an existing commercial building with parking

03:09:11.440 --> 03:09:20.160
 lot, a parking lot. And again, located along the Loop, which is a primary arterial. This

03:09:20.160 --> 03:09:25.360
 slide here illustrates the current zoning as shown to the left. It is currently zone

03:09:25.360 --> 03:09:31.480
 SC, which is the light pink. If approved, the proposed zoning of PF will be shown as

03:09:31.480 --> 03:09:42.400
 such, basically closing off all the blue in that particular area of Loop 288. A couple

03:09:42.400 --> 03:09:49.240
 of criteria of approval are provided in the development code. This particular set of criteria

03:09:49.240 --> 03:09:54.580
 apply to all applications. As you can see, there are 13. I've highlighted three specifically

03:09:54.580 --> 03:10:00.260
 as it relates to the comprehensive plan, how it minimizes adverse impacts to the surrounding

03:10:00.260 --> 03:10:07.680
 property and how it provides adequate public services and facilities. There is also a set

03:10:07.680 --> 03:10:15.800
 of requirements or approval criteria that is related to zoning map amendment, which

03:10:15.800 --> 03:10:22.080
 is rezonings. As you can see here, the list I'll read quickly is one, that it's consistent

03:10:22.080 --> 03:10:26.920
 with the future land use map. Two, that it's consistent with the relevant small area plan,

03:10:26.920 --> 03:10:31.240
 which there are none in this location. That is consistent with the purpose statement of

03:10:31.240 --> 03:10:37.280
 the proposed zoning of PF in that there have been or will be significant changes in the

03:10:37.280 --> 03:10:43.000
 area to warrant the zoning. Another criteria is the intensity of the development of the

03:10:43.000 --> 03:10:49.500
 new zoning would not have adverse impacts to the surrounding properties or neighborhood.

03:10:49.500 --> 03:10:55.120
 Public service and facilities are provided and are adequate and this current zoning was

03:10:55.120 --> 03:11:05.680
 not an error in establishing the zoning map. Excuse me. The first item is the comprehensive

03:11:05.680 --> 03:11:13.800
 plan. Is it consistent in staff's analysis? Shows that it is. The non-residential use

03:11:13.800 --> 03:11:22.880
 along loop 288 is an appropriate use. The facility that's being proposed will provide

03:11:22.880 --> 03:11:29.120
 a program that will serve our community of need. It is a redevelopment of an underutilized

03:11:29.120 --> 03:11:35.680
 property, complies with the standards of the DDC and meets all the other requirements as

03:11:35.680 --> 03:11:43.600
 per the site plan. As far as the impacts to the surrounding property, as you see here,

03:11:43.600 --> 03:11:51.180
 the property to the north is zone PF with not much development. It's currently undeveloped.

03:11:51.180 --> 03:11:55.960
 To the west is an electric substation, an electric substation that is, with residential

03:11:55.960 --> 03:12:02.420
 neighborhood further to the west. And then to the south is an undeveloped property, zone

03:12:02.420 --> 03:12:09.280
 R7. And then to the east is loop 288 and additional undeveloped properties that are currently

03:12:09.280 --> 03:12:18.240
 zone either PD or MM. This slide here illustrates a little bit closer look on what's surrounding

03:12:18.240 --> 03:12:24.480
 the property. Again, the substation is directly to the west with Audre Meadows to the west,

03:12:24.480 --> 03:12:29.760
 further west, and then Mockingbird Heights even further to the west. To the east, we

03:12:29.760 --> 03:12:39.560
 have prominent square and undeveloped property as well. The site itself, just for purposes

03:12:39.560 --> 03:12:46.520
 of information, from the border to the nearest residential home is approximately 700 feet

03:12:46.520 --> 03:12:53.880
 away. The next few slides illustrate just what the view is from a major roadway. In

03:12:53.880 --> 03:12:59.520
 this case, this is loop 288 looking west. You can see that in the background, the substation

03:12:59.520 --> 03:13:06.600
 is located between the building and the Audre Meadows, the residential neighborhood to the

03:13:06.600 --> 03:13:14.600
 west. This is from Audre looking south, southwest. Just to illustrate that there is some masonry

03:13:14.600 --> 03:13:21.440
 wall that borders the substation and there are wood fences that also border the neighborhood

03:13:21.440 --> 03:13:31.360
 to the west. Between there, there is a gap where, again, there is open space. One of

03:13:31.360 --> 03:13:36.080
 the other things that we look at when we look at rezoning is what this zoning that's being

03:13:36.080 --> 03:13:44.200
 proposed will allow if it were to be approved. The list that you see here are allowed uses

03:13:44.200 --> 03:13:49.840
 in the PF zoning district. Just wanted to highlight three specific ones in purpose of

03:13:49.840 --> 03:13:57.280
 why PF has been selected. Community services, homeless shelter, administrative, professional,

03:13:57.280 --> 03:14:06.160
 and government offices are permitted uses or allowed uses within the PF. So with this,

03:14:06.160 --> 03:14:13.800
 I'm going to turn the presentation to Danny Shaw who will discuss and talk about what

03:14:13.800 --> 03:14:20.480
 the proposed use is being considered for this site. So if Danny is available, we can have

03:14:20.480 --> 03:14:30.120
 her start the presentation. Her presentation. Thank you, Ron. Can you hear me? Yes. Good

03:14:30.120 --> 03:14:37.160
 evening, commissioners. Just want to go through what the proposed services are for this facility.

03:14:37.160 --> 03:14:43.120
 It is proposed to provide public services for people who are in need of emergency assistance,

03:14:43.120 --> 03:14:47.520
 including those who are experiencing and those who are at risk of homelessness because of

03:14:47.520 --> 03:14:53.680
 issues of poverty. The facility would provide the wraparound services to address those effects

03:14:53.680 --> 03:14:59.520
 of poverty and to help with emergency assistance for folks in our community with a focus on

03:14:59.520 --> 03:15:05.920
 providing housing stability and then also overnight shelter for people experiencing homelessness.

03:15:05.920 --> 03:15:10.560
 There would be services provision in the facility for addressing any of those needs that folks

03:15:10.560 --> 03:15:22.640
 have. Sorry, Danny, was that the end of your discussion? Yes. Thank you. Just to provide

03:15:22.640 --> 03:15:28.040
 information regarding the notification, public outreach efforts, there were notices sent

03:15:28.040 --> 03:15:36.320
 out to property owners within 200 feet. We also sent out residents with postcards within

03:15:36.320 --> 03:15:41.800
 1,000 feet. We normally send it out within 500 feet. However, looking at the map, you

03:15:41.800 --> 03:15:50.160
 can see that there would not be much. So staff did extend that buffer area to 1,000 where

03:15:50.160 --> 03:15:55.680
 it did reach the residents to the west, Audre Meadows and also Parliament Square to the

03:15:55.680 --> 03:16:03.320
 east. Notices were also published on the website and in the newspaper. And just for background

03:16:03.320 --> 03:16:08.320
 information, you see a June 4, 2020 date there. This item was supposed to be brought forward

03:16:08.320 --> 03:16:15.200
 earlier in the year. However, due to ownership, obtaining ownership of the site, it was decided

03:16:15.200 --> 03:16:22.080
 to be postponed. But we did have a virtual neighborhood meeting on June 4 and was attended

03:16:22.080 --> 03:16:28.840
 by a group of folks, I would say six or seven folks that attended and had questions. And

03:16:28.840 --> 03:16:33.520
 I'm going to turn back the presentation to Danny and talk about what was discussed and

03:16:33.520 --> 03:16:41.880
 how staff is responding to those comments and input.

03:16:41.880 --> 03:16:49.160
 Thank you, Ron. During the public, virtual public meeting, we did hear from the residents

03:16:49.160 --> 03:16:54.940
 and they did address, and I'm assuming the slide is up, we comprised a summary of some

03:16:54.940 --> 03:16:59.140
 of the concerns that were shared during that meeting, concerns for the negative impact

03:16:59.140 --> 03:17:05.920
 on property values, the potential for increased crime, concerns for safety of the residents,

03:17:05.920 --> 03:17:12.940
 questions about what the city will be doing to control traffic to the facility, information

03:17:12.940 --> 03:17:20.120
 on what were plans for the area around the center and in conjunction to the neighborhood.

03:17:20.120 --> 03:17:25.720
 And then looking at some questions about were there other locations identified for the purpose

03:17:25.720 --> 03:17:31.600
 of the center and would we, as a city, prevent individuals from living unsheltered from camping

03:17:31.600 --> 03:17:37.440
 near the center. In consideration of those comments, the city did provide a letter of

03:17:37.440 --> 03:17:43.400
 notice back to the participants of that meeting to address some of their concerns and what

03:17:43.400 --> 03:17:47.800
 steps we would be taking to look at those. First and foremost, just want to make it clear

03:17:47.800 --> 03:17:54.120
 that the city will not allow camping anywhere around the facility. And there will be steps

03:17:54.120 --> 03:18:00.640
 that taking place to ensure that that doesn't happen. And then we're looking at some different

03:18:00.640 --> 03:18:06.200
 practices with our agreement with the nonprofit provider that would set out some expectations

03:18:06.200 --> 03:18:12.340
 for that provider to make sure they are maintaining the area around the facility as well as maintaining

03:18:12.340 --> 03:18:17.660
 good neighbor practices with the neighborhood, including making sure they have regular neighborhood

03:18:17.660 --> 03:18:23.200
 meetings to address any concerns that are coming up. And then we will have the ability

03:18:23.200 --> 03:18:29.000
 to connect to the city's new mental health unit to provide any immediate response to

03:18:29.000 --> 03:18:36.080
 any situations that do come up. And with that, I'll turn it back to you, Ron.

03:18:36.080 --> 03:18:42.160
 Thank you, Danny. The slide here, just to illustrate that there was notices that were

03:18:42.160 --> 03:18:48.000
 sent out with a November 3rd city council public hearing. That has changed and the updated

03:18:48.000 --> 03:18:54.000
 date is now November 10th. So for those that are watching and those that are listening,

03:18:54.000 --> 03:19:02.600
 the new city council date for this particular item will be now November 10th, 2020. With

03:19:02.600 --> 03:19:09.360
 that, staff is recommending approval of this request as it complies with the sections listed

03:19:09.360 --> 03:19:18.320
 there and the items under the zoning approval criteria. Therefore, again, staff is recommending

03:19:18.320 --> 03:19:22.240
 approval. This concludes my presentation. I will stand for questions.

03:19:22.240 --> 03:19:27.840
 Great. Thank you, Ron. I know we have individuals on the phone as well, but if we have any initial

03:19:27.840 --> 03:19:34.040
 questions for Ron, happy to look to hear those. Commissioner Smith.

03:19:34.040 --> 03:19:39.400
 Ron, did we get any conversation from traffic about some of the questions I asked about

03:19:39.400 --> 03:19:44.800
 the sidewalks or sidewalks or those kinds of things? Did we have any more information

03:19:44.800 --> 03:19:49.060
 came out of the work session? Other than what was presented during the work

03:19:49.060 --> 03:19:54.520
 session, I know that I stand corrected. There is actually development to the south under

03:19:54.520 --> 03:20:01.200
 a zoning compliance plan review right now, where obviously if any development occurs,

03:20:01.200 --> 03:20:06.680
 sidewalks will be constructed to link the property from where it is now to the property

03:20:06.680 --> 03:20:11.640
 to the south. I believe it's a multifamily development where there's currently sidewalks.

03:20:11.640 --> 03:20:17.480
 I know that our traffic engineer spoke during the work session and mentioned a future light

03:20:17.480 --> 03:20:24.160
 at Audra and Prominence. However, a timeline for that has not yet been determined.

03:20:24.160 --> 03:20:31.600
 If this zoning was to be approved, what is the timeline for the city to, this might be

03:20:31.600 --> 03:20:36.960
 a Danny question, what's the timeline for the city on beginning a process of converting

03:20:36.960 --> 03:20:41.960
 this into the shelter? Yeah, if I can have Danny answer the timing

03:20:41.960 --> 03:20:46.320
 question. Right. Last night, city council did approve

03:20:46.320 --> 03:20:51.480
 a contract with an architect to begin the design phase. The architect is proposing about

03:20:51.480 --> 03:20:56.960
 three months to go through that process, and then the construction phase at a minimum nine

03:20:56.960 --> 03:21:05.320
 months before it would be renovated. Okay. All right. Thank you.

03:21:05.320 --> 03:21:15.520
 Commissioner Anderson. Thank you, Chair. This may be going to Ron

03:21:15.520 --> 03:21:22.480
 or Danny. You say that the city is not going to allow camping in the, you know, behind

03:21:22.480 --> 03:21:28.080
 the building. Apparently the city didn't allow camping next to the present Mont Signor King

03:21:28.080 --> 03:21:35.200
 place, and that place looked like a dump. There was tent camps all throughout that area

03:21:35.200 --> 03:21:40.960
 for years until finally people complained and complained enough that the city came and

03:21:40.960 --> 03:21:46.640
 drove them out that all that did is move them to across the street to more trees. So I'd

03:21:46.640 --> 03:21:54.200
 like to know how is the city going to protect these citizens whose house abuts the property?

03:21:54.200 --> 03:21:59.000
 How are they going to provide that? Because I work on McKinney Street and I drive up and

03:21:59.000 --> 03:22:03.480
 down the street every day. And I know when these people get out of that Mont Signor King,

03:22:03.480 --> 03:22:08.760
 because I've been in meetings with this, they bother people on the streets going, I need

03:22:08.760 --> 03:22:13.520
 your phone. I need your phone. I need to make a phone call. And we've had to get the police

03:22:13.520 --> 03:22:19.840
 involved and to protect some of these people. And I know it's going to be, and I totally

03:22:19.840 --> 03:22:25.120
 understand this citizen's concerns that property lives there that back up to that property

03:22:25.120 --> 03:22:30.280
 because they're going to have to walk from McKinney Street and all these other places

03:22:30.280 --> 03:22:34.480
 down through their neighborhoods to get to this place. I just like to know how the city

03:22:34.480 --> 03:22:39.720
 is going to address not having these people bother the citizens in that neighborhood and

03:22:39.720 --> 03:22:45.720
 also provide that they're not going to sleep in the trees behind there.

03:22:45.720 --> 03:22:51.240
 I'll just quickly respond and I think Danny has a little bit more of an elaborate response.

03:22:51.240 --> 03:22:55.560
 I know that we're trying to be proactive and we're looking for solutions and working with

03:22:55.560 --> 03:23:02.660
 the property owners or residents. So with that, I think we know what has happened and we want

03:23:02.660 --> 03:23:08.160
 to be proactive and address those upfront. So I think Danny, you had some ideas or had

03:23:08.160 --> 03:23:15.880
 some additional comments, correct? I appreciate the commissioner's comments on encampments.

03:23:15.880 --> 03:23:20.400
 We do have encampments in the community and we do have a process where we're addressing

03:23:20.400 --> 03:23:26.200
 those. And the process does take some time in some cases to look at where the property

03:23:26.200 --> 03:23:33.120
 is located. But in this case for this area, we will have a no tolerance, zero tolerance

03:23:33.120 --> 03:23:38.720
 for any encampments in a designated buffer area around this facility. And then we are

03:23:38.720 --> 03:23:42.720
 continuing to update our processes on how we address homeless encampments in the city

03:23:42.720 --> 03:23:49.440
 overall. Monsignor King was a good lesson for us on how we can look at where those are

03:23:49.440 --> 03:23:55.800
 and how to move and mobilize resources to correct those situations when we can.

03:23:55.800 --> 03:24:00.560
 Right. I mean, by no means, I'm not saying I do not want to help the homeless. They need

03:24:00.560 --> 03:24:07.840
 help. It's a sad situation. But I know business owners that are across the street from the

03:24:07.840 --> 03:24:13.000
 church in downtown on Oak Street. And they've found these people on top of their buildings,

03:24:13.000 --> 03:24:17.280
 living on top of their building. They had to run them off from there because they've

03:24:17.280 --> 03:24:20.120
 destroyed the roof. They had to come in and pay tens of thousands of dollars to have the

03:24:20.120 --> 03:24:25.880
 roof redone. So, you know, I hope the city can come up with some kind of solution to

03:24:25.880 --> 03:24:30.400
 protect the neighborhoods because I've seen it and I know friends that have businesses

03:24:30.400 --> 03:24:34.980
 have been affected by this. So that's all I have to say. Thank you. Absolutely. Yeah.

03:24:34.980 --> 03:24:39.840
 Thank you for your comments. We absolutely will. Thank you. Any other questions for staff

03:24:39.840 --> 03:24:46.000
 at this point? And if not, commit to share this. Thanks, Chair. Ron, is there any more

03:24:46.000 --> 03:24:52.960
 clarity on my question from work session? Okay. Yes, we do. And I appreciate the question

03:24:52.960 --> 03:25:02.080
 comment. We did spend a little bit more time on reviewing that U-specific standard 534C.

03:25:02.080 --> 03:25:08.480
 All of those U-specific standards, the city will comply with. It is something that we

03:25:08.480 --> 03:25:14.720
 will. However, I just want to make mention that the U-specific standard, what it says

03:25:14.720 --> 03:25:22.600
 on the separation that if a proposed homeless shelter is within 1,000 feet of another homeless

03:25:22.600 --> 03:25:29.920
 shelter and/or private or public school, then the number 2 and 3 would apply. But since

03:25:29.920 --> 03:25:36.320
 there is not, in this particular case, that section will not need, we would not need to

03:25:36.320 --> 03:25:41.920
 comply with it because it's not within 1,000 feet. But I guess the question that you had,

03:25:41.920 --> 03:25:46.980
 if we were, say, within 1,000 feet, the city would need to comply with all those notification

03:25:46.980 --> 03:25:58.520
 and requirements. Okay. So you're saying that C1, so it doesn't

03:25:58.520 --> 03:26:04.080
 comply to C1. This particular site does not comply, correct?

03:26:04.080 --> 03:26:12.800
 Right. And so that negates the other two. Correct. And the consent, which we're doing

03:26:12.800 --> 03:26:22.840
 anyway. Okay. All right. Thank you. You're welcome. Okay. Commissioner Beck.

03:26:22.840 --> 03:26:28.760
 Thank you, Chair. So I just wanted, for the point of clarity, and I think Commissioner

03:26:28.760 --> 03:26:33.560
 Ellis brought this up, or maybe it was you, Chair, that this particular item is about

03:26:33.560 --> 03:26:40.400
 the zoning. And while we do need to be mindful about the uses, it sounds like Ron is saying

03:26:40.400 --> 03:26:45.560
 that we have to follow all our own guidelines, which is admirable. One should follow one's

03:26:45.560 --> 03:26:52.680
 own guidelines. So that sounds like we're staying in line with our activities. Is that

03:26:52.680 --> 03:26:56.760
 correct, Ron? That's correct. Any of the, and that's the

03:26:56.760 --> 03:27:02.420
 reason why the zoning is in place, or this rezoning request is currently under consideration

03:27:02.420 --> 03:27:06.600
 is we want to make sure that we follow the development code and in all other development

03:27:06.600 --> 03:27:11.520
 code related standards. Thank you, Ron.

03:27:11.520 --> 03:27:15.440
 Commissioner Ellis. Thank you, Chair. And I'm sorry, Ron, I'm

03:27:15.440 --> 03:27:19.960
 going to ask for a little bit more clarification because I just reread this. I understand why

03:27:19.960 --> 03:27:28.920
 separation wouldn't apply here at all. And I also understand even municipal consent not

03:27:28.920 --> 03:27:36.640
 applying since it sounds like it's the city who is initiating the shelter. It's really

03:27:36.640 --> 03:27:42.160
 the notice paragraph. And the reason I'm asking about this is, again, because there's good

03:27:42.160 --> 03:27:48.520
 discussion to be had on how to make this the best if the zoning case passes. And so I just

03:27:48.520 --> 03:27:57.160
 want to ensure that that talk continues. So to me, I mean, if this applies to the city,

03:27:57.160 --> 03:28:01.920
 it would seem like after the zoning, if it gets passed, that you would have to put notice

03:28:01.920 --> 03:28:11.800
 on the building. Am I not reading that correctly? Let me ask Richard if...

03:28:11.800 --> 03:28:18.360
 That would be correct. So C2A would be the one that we would follow. So since we're not

03:28:18.360 --> 03:28:26.240
 within that thousand feet of another shelter or school, one and three essentially are tied

03:28:26.240 --> 03:28:34.200
 together so those would not apply. The component of two would where that would be posted.

03:28:34.200 --> 03:28:46.560
 And you're saying 2A, not 2B? Correct, because it wouldn't be required.

03:28:46.560 --> 03:28:52.040
 I'm sorry. Yes, it would. So it would be that 61 days before. What wouldn't kick in would

03:28:52.040 --> 03:28:59.480
 be the public hearing or resolution that would be mentioned under C3.

03:28:59.480 --> 03:29:08.360
 Okay. And it doesn't matter. I know a nonprofit would be involved here, but it would still

03:29:08.360 --> 03:29:15.800
 be considered that the city would be the owner of the shelter. Is that correct? And the nonprofit

03:29:15.800 --> 03:29:21.320
 would just be servicing it. So they wouldn't be considered the other person as it relates

03:29:21.320 --> 03:29:29.400
 to these use specific standards. I'm not sure how the lease agreement is structured,

03:29:29.400 --> 03:29:37.040
 but yes, maybe Danny can add. Yeah, we will retain ownership of the facility

03:29:37.040 --> 03:29:43.180
 and we will be utilizing an agreement that allows a nonprofit to manage the facility

03:29:43.180 --> 03:29:48.480
 and services only. Okay. Very good. Okay. Thank you, Danny.

03:29:48.480 --> 03:29:53.560
 And then just Commissioner, just a recap real quick. Yes, then C2, the notice is we will

03:29:53.560 --> 03:30:01.560
 do if this were to move forward and home shelter does become part of this use.

03:30:01.560 --> 03:30:09.360
 Okay. Very good. Thank you, Ron. Okay. At this time, I'm going to go ahead and

03:30:09.360 --> 03:30:15.120
 go to the phones. They've been waiting patiently. I know we have a list kind of stacked up.

03:30:15.120 --> 03:30:20.560
 So at this time, I'm going to ask staff to patch in the first caller and we'll start

03:30:20.560 --> 03:30:35.120
 there. Good evening. You are on with the planning

03:30:35.120 --> 03:30:38.760
 and zoning commission. If you could please state your name and address, you'll be provided

03:30:38.760 --> 03:30:47.040
 three minutes to speak on this item. Yes. My name is Robert Grable, G-R-E-B-E-L.

03:30:47.040 --> 03:30:52.800
 Address is 820 Brittany Drive in Denton and then one of the houses in the Audre Meadows

03:30:52.800 --> 03:30:58.280
 back behind the electric thing and the facility that's under discussion.

03:30:58.280 --> 03:31:04.520
 Great. Thanks for being here. You have three minutes to provide us your perspective.

03:31:04.520 --> 03:31:13.960
 Sure. Yeah. I wanted to speak in favor of the rezoning to PF. I know eventually to turn

03:31:13.960 --> 03:31:25.000
 the facility into a homeless shelter or providing services for homeless or at risk. As somebody

03:31:25.000 --> 03:31:31.200
 who lives in that area and I've lived near the shelter that's run by Salvation Army,

03:31:31.200 --> 03:31:41.480
 I think I've had nothing but either positive or neutral experiences with that kind of thing.

03:31:41.480 --> 03:31:50.000
 And I think that using this as a homeless shelter is a good thing to do. I don't know

03:31:50.000 --> 03:31:57.280
 how much more I can elaborate on that, but I guess I also wanted to say that the neighborhood

03:31:57.280 --> 03:32:04.680
 I'm in, Audre Meadows, it's not like there's easy access going back behind the proposed

03:32:04.680 --> 03:32:13.560
 shelter into this neighborhood. So it's not, you know, residential areas in the area, it's

03:32:13.560 --> 03:32:19.720
 not like it's a concern that, I don't know, that's not a concern that I understand, I

03:32:19.720 --> 03:32:24.760
 guess is what I would say. Well, Mr. Grable, I appreciate you being on

03:32:24.760 --> 03:32:30.120
 the line and holding for us and then providing your support for the project. Thanks for adding

03:32:30.120 --> 03:32:33.400
 that perspective. Sure. Thank you very much.

03:32:33.400 --> 03:32:41.040
 Thank you. Have a good night. Thank you, too.

03:32:41.040 --> 03:32:56.240
 And if I could ask staff to go ahead and patch in the next caller. Good evening, you're on

03:32:56.240 --> 03:33:00.360
 with the Planning and Zoning Commission. If you could state your name and address, you'll

03:33:00.360 --> 03:33:07.600
 have three minutes to tell us your perspective. Okay. Hi, I'm Jane Piper Lunt, and I live

03:33:07.600 --> 03:33:16.560
 at 1205 North Austin. I am for this, and I just want to kind of address some of the concerns

03:33:16.560 --> 03:33:24.000
 of the homeowners. I lived on the square up until three years ago, less than a block away

03:33:24.000 --> 03:33:31.360
 from our daily bread, and we never had any problems, ever, ever, ever. I now live on

03:33:31.360 --> 03:33:37.760
 Austin Street, and we have several homeless who go up and down our street every day, and

03:33:37.760 --> 03:33:42.960
 they're nothing but congenial and friendly, and they mind their own business, and they

03:33:42.960 --> 03:33:49.280
 are going where they're going. I've worked with homeless people since the '80s, and they

03:33:49.280 --> 03:33:55.280
 have, you know, they don't just take strolls, okay? You know, so they have no reason to

03:33:55.280 --> 03:34:03.280
 go into that neighborhood, okay? And their needs will be met there. There's going to

03:34:03.280 --> 03:34:08.000
 be a whole lot less foot traffic, I would guess, than there was from Monsignor King,

03:34:08.000 --> 03:34:12.200
 because the food's there, and they're now having to walk into town, you know, and then

03:34:12.200 --> 03:34:22.680
 walk back to Monsignor King. The organizations that will be doing this are very competent

03:34:22.680 --> 03:34:31.240
 people, and my understanding is there's going to be sensing. So, you know, I think it's

03:34:31.240 --> 03:34:41.560
 just the usual fear of people you don't know, and so I'm asking you guys to pass this.

03:34:41.560 --> 03:34:48.360
 Jane, I appreciate calling in and providing that perspective. Does any commissioners have

03:34:48.360 --> 03:34:53.100
 any questions? Okay, I don't see any questions for you, but I appreciate you being on hold

03:34:53.100 --> 03:34:59.600
 and waiting for us. Hope you have a good night. Okay. Thank you. Thank you. If I could ask

03:34:59.600 --> 03:35:17.920
 staff to patch in the next caller. Good evening. You are on with the Planning and Zoning Commission.

03:35:17.920 --> 03:35:21.360
 Jane, if you could just state your name and address, you'll have three minutes to speak

03:35:21.360 --> 03:35:30.480
 about the matter. Hi, my name is Mary Higgins, and I am representing the family property

03:35:30.480 --> 03:35:38.740
 at 3760 Holland Lane in Denton. It's due east of the proposed shelter, and I'm speaking

03:35:38.740 --> 03:35:48.680
 in opposition to the project. I oppose the zoning change that's being driven by the development

03:35:48.680 --> 03:35:53.440
 of this homeless shelter. I'm told that the plans for the area include opening both an

03:35:53.440 --> 03:35:59.160
 emergency shelter and an enhanced shelter, along with wraparound services needed to assist

03:35:59.160 --> 03:36:04.800
 the homeless and to be provided by the Junction of Denton, a recent merger of Monsignor King

03:36:04.800 --> 03:36:11.040
 Outreach Center and our Daily Bread. The goal is to provide services to 300 people per day.

03:36:11.040 --> 03:36:17.280
 How can the area not be impacted negatively by a sudden influx of those 300 needing help,

03:36:17.280 --> 03:36:21.960
 as well as the workers needed to provide the services? While some of the homeless are those

03:36:21.960 --> 03:36:26.080
 that have had bad breaks and are trying to rebuild their lives, it has to be acknowledged

03:36:26.080 --> 03:36:32.000
 that there are also career homeless who have very little respect for others. It's my belief

03:36:32.000 --> 03:36:36.840
 that we'll see a new set of problems developing in the areas surrounding the shelter, including

03:36:36.840 --> 03:36:42.000
 thefts and destruction of private property. I believe it will pose safety risks to those

03:36:42.000 --> 03:36:46.800
 living nearby, especially the children and the elderly. There are further concerns from

03:36:46.800 --> 03:36:52.140
 activities often observed in the area of shelters with those who use alcohol or drugs. As a

03:36:52.140 --> 03:36:57.000
 holder of undeveloped property in the area, I fear the presence of tents and encampments

03:36:57.000 --> 03:37:02.440
 as well. I'm told there will be a zero tolerance policy for such activities, but how will that

03:37:02.440 --> 03:37:07.320
 be enforced effectively? I'm told that once the report is issued, the property owner will

03:37:07.320 --> 03:37:12.840
 be contacted for permission to enter the property to remove the camper. I've also learned that

03:37:12.840 --> 03:37:16.520
 in the event that damages are done to the property or in the case that it has to be

03:37:16.520 --> 03:37:22.120
 cleaned of litter, trash, feces, or other matter, the property owner would be expected

03:37:22.120 --> 03:37:27.240
 to bear a hundred percent of the cost for that cleanup and restoration of the property.

03:37:27.240 --> 03:37:31.640
 Under other circumstances, I think the intruders would be made to pay for the damages they

03:37:31.640 --> 03:37:36.980
 cause. However, in this situation, since these people are homeless, they have no way to pay

03:37:36.980 --> 03:37:42.280
 for damages. Could there be some type of work order issued by the city to make them spend

03:37:42.280 --> 03:37:48.400
 the hours needed to clean up or fix the damages they cause? It just bothers me that through

03:37:48.400 --> 03:37:53.000
 no fault of their own, a property owner in proximity to the shelter could be left with

03:37:53.000 --> 03:37:58.360
 substantial costs to repair and restore the land after illegal encampments cause damages

03:37:58.360 --> 03:38:03.600
 to it. Is there some way to help pay for the necessary work? Further, I'm aware that the

03:38:03.600 --> 03:38:08.600
 Salvation Army holds 17 acres of land that they're planning to develop as the same type

03:38:08.600 --> 03:38:13.360
 of shelters that are proposed tonight. The land is within a very short distance, approximately

03:38:13.360 --> 03:38:18.760
 half a mile or less from this location. It's to be a full-service location with both emergency

03:38:18.760 --> 03:38:23.800
 and enhanced shelters as well. Why do we need two of these facilities this close to each

03:38:23.800 --> 03:38:28.960
 other? I do understand that the current facility near East McKinney will be shut down when

03:38:28.960 --> 03:38:35.520
 new facilities are open, but why do we need two large shelters in this proximity? I urge

03:38:35.520 --> 03:38:40.400
 the commissioners to at least delay this project while further studies can be done as to the

03:38:40.400 --> 03:38:45.280
 effects on the surrounding neighborhoods and undeveloped properties. Ideally, I would hope

03:38:45.280 --> 03:38:52.100
 to see the zoning maintained as suburban corridor. Thank you for your time and consideration.

03:38:52.100 --> 03:38:57.960
 Thank you very much, Ms. Higgins, for that perspective. I don't see any questions for

03:38:57.960 --> 03:39:00.480
 you. Commissioner Beck.

03:39:00.480 --> 03:39:07.360
 This is related to the caller's comments. Danny, how do we handle, or Ron or whoever

03:39:07.360 --> 03:39:16.880
 is the appropriate person to answer this, how do we handle impacts from individuals

03:39:16.880 --> 03:39:24.800
 who perhaps might be unhomed or homeless anywhere in the city if they are engaged in activities

03:39:24.800 --> 03:39:30.080
 that are untoward? Is there any difference between handling that adjacent shelter versus

03:39:30.080 --> 03:39:38.720
 far away from a shelter? No, the only consideration would be where the activity is happening and

03:39:38.720 --> 03:39:43.840
 if the activity is criminal or behavioral. So if anything that's criminal would be addressed

03:39:43.840 --> 03:39:47.960
 by the police department, immediately anything that is behavioral would be addressed depending

03:39:47.960 --> 03:39:54.280
 on where it's located. But we would handle that the same regardless of where the activity

03:39:54.280 --> 03:40:00.680
 took place. Is that correct? That's correct. But for example, there may be rules for the

03:40:00.680 --> 03:40:06.200
 use of the library or rules for the use of a park facility that may be different than

03:40:06.200 --> 03:40:15.280
 would be in a public space that's open. That makes sense. Thank you, Danny.

03:40:15.280 --> 03:40:22.680
 Is there any questions for Ms. Higgins? Okay, Ms. Higgins, thank you so much for waiting

03:40:22.680 --> 03:40:28.680
 patiently for us and taking the time to call in. At this time, I'll ask staff to patch

03:40:28.680 --> 03:40:52.120
 in the next caller. Good evening, you're with the Planning and Zoning Commission. If you

03:40:52.120 --> 03:40:56.320
 could just state your name and your address, you'll have three minutes to speak.

03:40:56.320 --> 03:41:07.600
 Yes, this is Arlene Gibson and I reside at 1012 Bayfield Drive, Denton, Texas, 76209.

03:41:07.600 --> 03:41:19.240
 My property backs up to the loop 288 and I'd like to just state my opposition to having

03:41:19.240 --> 03:41:29.240
 that the property turned into a nursing home. And the reasons that I would like for it not

03:41:29.240 --> 03:41:34.280
 to be turned into a nursing home is that it would increase the traffic, the foot traffic

03:41:34.280 --> 03:41:44.600
 as well as the automobile traffic in this area. And we have elderly as well as children

03:41:44.600 --> 03:41:51.000
 that walk this neighborhood and I believe that it will be a safety concern for them.

03:41:51.000 --> 03:41:58.440
 I also am concerned about the encampments that if the homeless were to begin to encamp

03:41:58.440 --> 03:42:06.480
 around the woods that's surrounding the building, including the back of my property, that that

03:42:06.480 --> 03:42:24.280
 would be a safety concern as well as problems with trash. I also oppose it because of the

03:42:24.280 --> 03:42:37.640
 Salvation Army's intent on building a large homeless shelter structure within three miles

03:42:37.640 --> 03:42:47.360
 of this shelter. And I'm concerned as to why they would build two shelters within three

03:42:47.360 --> 03:42:57.480
 miles of each other. And that would place us directly in the middle of both shelters.

03:42:57.480 --> 03:43:06.360
 And I think that that would affect our property values. So I oppose it for those reasons.

03:43:06.360 --> 03:43:19.160
 And I hope that, you know, should this go through, that if it goes through, I hope that

03:43:19.160 --> 03:43:26.000
 you would provide some safety for us in the neighborhood by putting up barriers so that

03:43:26.000 --> 03:43:34.120
 at least we can feel safe within our neighborhood for some sort of safety. But my greatest thought

03:43:34.120 --> 03:43:43.360
 would be that it wouldn't be, that it would not go through. And I think that's all I have

03:43:43.360 --> 03:43:44.360
 to say.

03:43:44.360 --> 03:43:49.320
 Okay. Well, Ms. Gibson, I certainly appreciate you staying on hold for so long and waiting

03:43:49.320 --> 03:43:55.640
 for us. Does any commissioners have any questions for the caller? I don't see any, Ms. Gibson.

03:43:55.640 --> 03:44:01.680
 So again, I appreciate you calling and providing your perspective. Your thoughts have been

03:44:01.680 --> 03:44:11.320
 noted. All righty. Well, thanks for your time. I'm sorry. Yeah, Mike, I have a question for

03:44:11.320 --> 03:44:20.800
 Danny. Okay. Danny, a couple of callers had mentioned now the future site of Salvation

03:44:20.800 --> 03:44:26.640
 Army. Do you have any knowledge of that? Can you enlighten us on that at all?

03:44:26.640 --> 03:44:31.800
 Not only that they have access to a property that is currently where Shiloh Gardens is,

03:44:31.800 --> 03:44:37.160
 but it's in the concept stage at this point. So I'm not aware of where they are in the

03:44:37.160 --> 03:44:40.200
 progress of considering that property for development.

03:44:40.200 --> 03:44:41.840
 All right. Thanks.

03:44:41.840 --> 03:44:51.360
 Well, as far as that property is concerned, this property has been donated by the church.

03:44:51.360 --> 03:45:03.080
 I just lost my train of thought, but the church that's right there off of university, I can't

03:45:03.080 --> 03:45:09.000
 think of the name of it, but that property has been given, donated to Salvation Army.

03:45:09.000 --> 03:45:20.800
 And they do have plans on making a mega, some type of institutions for the homeless as well.

03:45:20.800 --> 03:45:32.040
 And that is a concern. So if anybody, I think that's worth investigating to find out, you

03:45:32.040 --> 03:45:37.280
 know, what their intentions are, because from my understanding, actually, I got that information

03:45:37.280 --> 03:45:46.760
 from Kaylee Briggs, who also sat on the, who brings to mind a concern for me, and that

03:45:46.760 --> 03:45:55.080
 Kaylee told me that she is, she sat on the board for the homeless shelter for one of

03:45:55.080 --> 03:46:00.580
 the programs where the homeless shelter and that she was, she's supposed to be representing

03:46:00.580 --> 03:46:08.200
 district two, but I think that's kind of a conflict of interest because she, she in representing

03:46:08.200 --> 03:46:17.040
 us for her to be on the, on a board to push this through, I don't think that our needs

03:46:17.040 --> 03:46:24.760
 were or our, our needs or wants were put, were considered. I think that that, that was

03:46:24.760 --> 03:46:26.080
 a conflict of interest.

03:46:26.080 --> 03:46:33.360
 Well, Ms. Gibson, again, I appreciate you calling in and staying in line for that discussion

03:46:33.360 --> 03:46:36.000
 and we'll certainly take any consideration.

03:46:36.000 --> 03:46:39.360
 All right. Well, thank you for your time.

03:46:39.360 --> 03:46:44.920
 Thank you. If I could ask staff to patch in the next caller. I think we have at least

03:46:44.920 --> 03:46:59.360
 three left, I think.

03:46:59.360 --> 03:47:02.400
 Good evening. You're on with the planning and zoning commission. If you could please

03:47:02.400 --> 03:47:06.880
 state your name and address. You'll have three minutes to speak.

03:47:06.880 --> 03:47:15.680
 Yes. This is Eric Pangburn with Audra Meadows neighborhood. Am I on now?

03:47:15.680 --> 03:47:17.680
 You are. Yes, sir.

03:47:17.680 --> 03:47:25.240
 Okay. Thank you. We would have commented sooner, but we didn't get any notice, unfortunately,

03:47:25.240 --> 03:47:32.240
 and I learned about this from a neighbor about three weeks ago. My wife and I live here in

03:47:32.240 --> 03:47:38.040
 Audra Meadows neighborhood within a thousand feet of the proposed shelter for our homeless.

03:47:38.040 --> 03:47:43.680
 And we bought a home in this neighborhood 17 years ago with the intent after a civil

03:47:43.680 --> 03:47:48.720
 career and 28 years of military service to kind of make it our retirement location is

03:47:48.720 --> 03:47:55.880
 what we intended. This goes through, we, we, we may seriously reconsider that, but anyway,

03:47:55.880 --> 03:48:01.480
 we anticipated that loop 288 due to its suburban corridor zoning would develop as I believe

03:48:01.480 --> 03:48:08.040
 the city intended with commercial businesses all along that corridor on this side of town.

03:48:08.040 --> 03:48:14.200
 And this typically causes home values to increase. I served in another city as the chairman of

03:48:14.200 --> 03:48:19.640
 a historic district commission with 2200 historic structures. So I'm, I'm a little bit familiar

03:48:19.640 --> 03:48:26.240
 with zoning issues and how cities work, but as, as just what I gleaned from looking at

03:48:26.240 --> 03:48:34.120
 our zoning guidance and the Denton 2030 plan, it seems that zoning changes should definitely

03:48:34.120 --> 03:48:38.240
 be very carefully evaluated. And it should be the burden of the city to prove that the

03:48:38.240 --> 03:48:44.400
 change would not adversely affect the citizens within the proximity of that change. And I

03:48:44.400 --> 03:48:50.880
 read the staff analysis and the guidance statement reads that the intensity of development in

03:48:50.880 --> 03:48:55.760
 the new zoning district is not expected to create significantly adverse impacts to surrounding

03:48:55.760 --> 03:49:03.160
 properties or the neighborhood. And the staff answer was that it won't. Um, and that's not

03:49:03.160 --> 03:49:07.360
 the opinion of a real estate professional that I did speak with who is familiar with

03:49:07.360 --> 03:49:14.520
 this area. Um, to my way of thinking, it should be a win-win result and not a win-lose result.

03:49:14.520 --> 03:49:20.520
 Local residents, homeowners, and local businesses, in my opinion, will not win. In fact, I believe

03:49:20.520 --> 03:49:25.240
 it'll further impede future business growth along this corridor. Um, I think we need a

03:49:25.240 --> 03:49:32.320
 win for our homeless and that win is not placing this facility in a family neighborhood. Um,

03:49:32.320 --> 03:49:36.800
 some say that the homeless either sleep in the street or they go to this location in

03:49:36.800 --> 03:49:42.600
 our neighborhood. In other words, nobody can find any other location where this can work

03:49:42.600 --> 03:49:48.360
 for everyone, I guess. But one evening, a guy was sitting down at the 7-Eleven just

03:49:48.360 --> 03:49:54.160
 up the street from this location at McKinney and Luke 288. And I bought him some chicken

03:49:54.160 --> 03:50:00.440
 for dinner from the store. A few weeks later, that same guy is on the sidewalk at the El

03:50:00.440 --> 03:50:04.920
 Mat door restaurant right at the front doors at dinner time. I were urinating on the sidewalk

03:50:04.920 --> 03:50:11.480
 in front of everyone. Um, and so if I'm asked, do I want this in my neighborhood? No, of

03:50:11.480 --> 03:50:17.560
 course I don't. The mitigations I've read about, uh, I think it was, uh, Danny Shaw's

03:50:17.560 --> 03:50:25.840
 letter and some that we've seen tonight, um, certainly, uh, sound good, but the transiting

03:50:25.840 --> 03:50:30.600
 traffic in my opinion will not be prevented. And if you ask me if I care about these folks,

03:50:30.600 --> 03:50:36.840
 of course I do. On the civil side, I spent 18 years as an air ambulance pilot care, caring

03:50:36.840 --> 03:50:43.240
 about, um, and, and helping people that are in helpless conditions. I understand that.

03:50:43.240 --> 03:50:49.320
 And some of our homeless, our fellow veterans, um, this isn't, in my opinion, it's an okay

03:50:49.320 --> 03:50:55.180
 for your neighborhood, but not mine issue. Uh, in my opinion, no city project should

03:50:55.180 --> 03:50:59.760
 ever go where we all know there will be a negative effect on our residents. It's been

03:50:59.760 --> 03:51:06.920
 shown over and over again. Uh, and I feel that to purposefully change the zone to make

03:51:06.920 --> 03:51:13.180
 it fit here, isn't the right solution. The solution is to put it where, where we intended

03:51:13.180 --> 03:51:19.680
 it to be in public zoning. The solution on the face of it looks like an ideal opportunity,

03:51:19.680 --> 03:51:25.640
 but I think it's wrong. I think we definitely need a solution and as soon as possible, but

03:51:25.640 --> 03:51:32.200
 one that serves everybody's best interest. Uh, thanks a lot for your time this evening.

03:51:32.200 --> 03:51:37.940
 Well, I appreciate you holding for so long and articulating those thoughts. I don't see

03:51:37.940 --> 03:51:43.040
 any questions from the commissioners for you. Um, and so again, I appreciate your thoughts

03:51:43.040 --> 03:51:52.720
 and, and, um, we'll take it into consideration. Thank you. If staff could patch in the next

03:51:52.720 --> 03:52:10.720
 caller, that'd be great. Uh, yes, you are online with the planet zoning commission.

03:52:10.720 --> 03:52:15.480
 You can state your name and address and maybe turn down the TV. You'll have three minutes

03:52:15.480 --> 03:52:27.040
 to speak. Okay. Yes. Uh, my name is Kenneth. Can you please turn on your TV? Yeah, I'm

03:52:27.040 --> 03:52:36.040
 trying to do it right now. Unfortunately, it's my one second here. So again, I appreciate

03:52:36.040 --> 03:52:44.120
 your, is that a little bit better now? It sure is. If you just state your address, you'll

03:52:44.120 --> 03:52:50.840
 have three minutes. Yes. My name is Kenneth Coleman. Uh, I'm a minister. I live at that

03:52:50.840 --> 03:53:00.360
 3901 Trenton place, uh, in Denton, Texas. Okay. And you have three minutes to tell us

03:53:00.360 --> 03:53:12.040
 your perspective. Okay. Um, I'm, uh, I'm really disappointed that a lot of people would consider

03:53:12.040 --> 03:53:19.640
 being that I've worked with the homeless since 2005. And I think that the greatest, um, um,

03:53:19.640 --> 03:53:27.400
 offense is that they've been misunderstood. Uh, the people are being called, uh, drug addicts

03:53:27.400 --> 03:53:33.720
 and they're being called thieves. They're being called child molesters. And, uh, and

03:53:33.720 --> 03:53:37.440
 that is, that is not true. If you want an absolute truth, I worked in the fourth work

03:53:37.440 --> 03:53:43.000
 shelter, Presbyterian night shelter, Salvation Army, Union gospel. So I have a lot of experience

03:53:43.000 --> 03:53:47.200
 with the homeless and you'd be surprised there. Uh, they're a business, they were business

03:53:47.200 --> 03:53:52.360
 owners. They were in the shelter. They were military. They were in the shelter. There

03:53:52.360 --> 03:53:58.840
 were, uh, uh, uh, people, aircraft mechanics in the shelter, people who worked for pharmacists

03:53:58.840 --> 03:54:07.280
 in the shelter. So homelessness, uh, doesn't have anything to do, uh, in regard to crime.

03:54:07.280 --> 03:54:14.680
 It has everything to do with, uh, with them being in a situation, a hard place. And, and,

03:54:14.680 --> 03:54:21.520
 and because they're homeless, it does not make them hopeless. And for, for Denton to

03:54:21.520 --> 03:54:29.400
 consider, uh, having a place where they can go, uh, where they don't have to, uh, urinate

03:54:29.400 --> 03:54:35.400
 on the park, uh, on the, uh, sidewalk and they don't have to beg and wait for a meal

03:54:35.400 --> 03:54:40.880
 and they don't have to hang out at Walmart and Target and all these other places that

03:54:40.880 --> 03:54:47.280
 people seem to have a problem with. Uh, if there was a place that is proposed, they'll

03:54:47.280 --> 03:54:52.720
 have a central location where they can get food. Uh, they have a place to shower. Uh,

03:54:52.720 --> 03:54:58.640
 this, this is, this is actually a blessing to this community. I moved here only a few

03:54:58.640 --> 03:55:04.440
 months ago and, and, and my prayer was before I moved here that Lord, that I would be planted

03:55:04.440 --> 03:55:09.640
 in a place that I'm needed. So all of this makes sense to me. And for those who don't

03:55:09.640 --> 03:55:16.600
 understand homelessness, it's because you've never experienced homelessness. Uh, um, and

03:55:16.600 --> 03:55:22.680
 we call them homeless based on their possession. Uh, they don't have a home to become homeless,

03:55:22.680 --> 03:55:27.240
 but they're still people. And we have to take into consideration that these people need

03:55:27.240 --> 03:55:33.760
 help. And here's an opportunity for Denton to show their compassion, uh, toward the homeless

03:55:33.760 --> 03:55:39.360
 and give them a central location and give them a place, uh, where they can be considered

03:55:39.360 --> 03:55:45.880
 and, and, and taking care of. I understand the residents. I'm a homeowner as well, but

03:55:45.880 --> 03:55:50.560
 I am not affected by the fact that they want to do someone that who's, who's less fortunate

03:55:50.560 --> 03:55:59.360
 than I am. I say spin up an SOS. That means scoot over some scoot over and make room for

03:55:59.360 --> 03:56:03.760
 people that are less fortunate. We are, I would think with all that has taken place

03:56:03.760 --> 03:56:07.840
 in the world and everything is wrong, that it may have changed or picked the hardest.

03:56:07.840 --> 03:56:13.260
 Um, that they would have a little more compassion, but unfortunately that's that for some, that's

03:56:13.260 --> 03:56:17.440
 not true. It's that I don't want it in my neighborhood. I don't want it in my community.

03:56:17.440 --> 03:56:24.200
 Then it's not here where, so I applaud those who are standing and taking a stand for those

03:56:24.200 --> 03:56:28.720
 that are less fortunate. I mean, I have a controlled climate. I walk into my house,

03:56:28.720 --> 03:56:33.540
 I can control the temperature. I turn my water on, I can control the water and there's food

03:56:33.540 --> 03:56:37.640
 in my refrigerator, but yet still there's room in my heart to consider that there's

03:56:37.640 --> 03:56:43.400
 someone out there right now that don't have that. So what the people who say that they're

03:56:43.400 --> 03:56:49.720
 a problem, it's, it's, it's really not true. The problem is an issue of the heart and I,

03:56:49.720 --> 03:56:56.080
 and I'm not going to preach, I'll be done in a minute, but some, some 41, just one verse

03:56:56.080 --> 03:57:03.480
 says, blessed he who considers the poor, the Lord will deliver him in time of trouble.

03:57:03.480 --> 03:57:11.320
 If there's anything inside of your heart that can SOS, scoot over some and make room and

03:57:11.320 --> 03:57:16.400
 consolation and I applaud the gentleman who, who served in the military, you all help out,

03:57:16.400 --> 03:57:22.360
 but you don't understand. There's also a battlefield and then that we need to conquer. Mr. Coleman.

03:57:22.360 --> 03:57:27.360
 Yes. Yes. I'm sorry. Certainly part of the interruption. I want to be responsible and

03:57:27.360 --> 03:57:34.480
 respectful of other people waiting on hold and I appreciate calling in. I just, I hate

03:57:34.480 --> 03:57:40.100
 to catch you off, but I want to be respectful to those on hold as well. Okay. Thank you.

03:57:40.100 --> 03:57:46.200
 Is there any questions for Mr. Coleman? Mr. Coleman, I appreciate again, you, you hold

03:57:46.200 --> 03:57:53.360
 him and waiting so long to talk to us and we'll consider your thoughts this evening.

03:57:53.360 --> 03:58:15.440
 Maybe you've already lost them. Staff. Can you patch through the next caller? Good evening.

03:58:15.440 --> 03:58:19.400
 We're on with the planning and zoning commission. If you could state your name and address,

03:58:19.400 --> 03:58:24.880
 you'll be provided three minutes to speak. So my name is Colter Souser. I live at nine

03:58:24.880 --> 03:58:30.400
 and 10 Bayfield. I would like to, I guess, state my opposition for this. I believe Eric

03:58:30.400 --> 03:58:35.720
 has the, the opinion that Eric stated earlier was perfectly stated and I really couldn't

03:58:35.720 --> 03:58:41.600
 agree more. So my property backs up directly to the substation behind the property. And

03:58:41.600 --> 03:58:46.620
 I believe Ron's pictures, if anything, they've conveyed perfectly that there'd be no better

03:58:46.620 --> 03:58:51.440
 place for people to hide out during the day in camp. Then between that, in that a hundred

03:58:51.440 --> 03:58:57.400
 foot easement between the substation and my back fence. I mean, the previous comment about

03:58:57.400 --> 03:59:02.240
 there being no easy access from the person who lives on Bayfield, I think holds no merits

03:59:02.240 --> 03:59:07.540
 in this situation. It would be a very easy walk right down the street, right up Audra.

03:59:07.540 --> 03:59:14.280
 And then you're in our neighborhood. I would like to know what the plan is to, I know they

03:59:14.280 --> 03:59:19.120
 said there's some mitigation being talked about, but I would like to know a solid plan

03:59:19.120 --> 03:59:25.880
 for how we would, I guess, prevent encampments and stuff like that. The current homeless

03:59:25.880 --> 03:59:31.920
 shelter is right is next door neighbors with a, with a, with the jail. There's more cops

03:59:31.920 --> 03:59:36.700
 in that position than just about anywhere I've seen in the city. And we still haven't

03:59:36.700 --> 03:59:41.120
 done anything about the trees between the current shelter and the river right there

03:59:41.120 --> 03:59:45.800
 by the bridge. So maybe somebody can try and explain to me, or I guess enlighten me on

03:59:45.800 --> 03:59:50.280
 what these mitigations are that are being taken.

03:59:50.280 --> 03:59:59.040
 Yeah. Mr. Salazar, you're, you're talking to mitigation specifically regarding the easement

03:59:59.040 --> 04:00:01.840
 between the substation and your property boundary.

04:00:01.840 --> 04:00:06.880
 No, just the whole, the whole surrounding area. I mean, like, like, like the picture

04:00:06.880 --> 04:00:12.520
 showed, there's lots of empty area. There's lots of trees. I know I drive by the current

04:00:12.520 --> 04:00:17.360
 station or the current shelter right there by the jail every day on the way to work.

04:00:17.360 --> 04:00:22.120
 And it's just tent after tent after tent and garbage. And I'm just curious what's being

04:00:22.120 --> 04:00:28.240
 done or what, what, what the plan is to prevent that. It was stated there was mitigation in

04:00:28.240 --> 04:00:33.760
 place, but I'm curious what that is going to be if we haven't, if no solution has been

04:00:33.760 --> 04:00:35.600
 made up to this point.

04:00:35.600 --> 04:00:41.960
 Yeah, I can act, I can see if Danny can speak into that. But I have a question out of curiosity

04:00:41.960 --> 04:00:46.440
 perhaps for you, as I think through this, a lot of individuals, including yourself have

04:00:46.440 --> 04:00:51.240
 talked about encampment and camping and different places around the city in which we've seen

04:00:51.240 --> 04:00:56.520
 those experienced homelessness gather. It seems to me and held me where my logic's wrong

04:00:56.520 --> 04:01:03.640
 here. If we had a 25,000 square foot facility that would feed them and house them, what

04:01:03.640 --> 04:01:10.480
 would, why would they go camp in and the lawn behind there if there's shelter and a bed

04:01:10.480 --> 04:01:13.760
 inside and I maybe I'm missing something.

04:01:13.760 --> 04:01:17.800
 No, I agree with that position, but I can't tell you because, because I mean, it happens

04:01:17.800 --> 04:01:24.920
 currently, right? Like it happens every day around current shelters, whether it just be

04:01:24.920 --> 04:01:29.760
 throughout the day until, until they're able to go somewhere that evening or, or whenever

04:01:29.760 --> 04:01:36.440
 else it's going to be, it'll take place. But I'm just, I'm just curious how, like what

04:01:36.440 --> 04:01:41.400
 are the preventative measures that are going to be taken? So my backyard isn't treated

04:01:41.400 --> 04:01:45.400
 the same way that the trees are next to the current shelter. You know what I mean?

04:01:45.400 --> 04:01:48.400
 Yeah, I totally understand it. I'm going to pass it to Christian Prenutter who's, who's

04:01:48.400 --> 04:01:51.880
 holding his hand up. And I think one thing to note that I can note is that the city is

04:01:51.880 --> 04:01:58.000
 going to enter into a good neighbor agreement that will outline the strategies involved

04:01:58.000 --> 04:02:02.940
 around what I believe you're speaking to. It sounds like they're trying to codify that

04:02:02.940 --> 04:02:10.680
 agreement to ensure security and no camps and, and those things to, to hopefully keep

04:02:10.680 --> 04:02:17.200
 a kind of a either literal or, or, or a metaphorical fence around the property. So there is that

04:02:17.200 --> 04:02:23.640
 in place for an agreement to be attached with the city. But Christian Prenutter had his,

04:02:23.640 --> 04:02:26.960
 his hand up when he recognized him.

04:02:26.960 --> 04:02:32.800
 And this one, my question would go to Danny. I kind of clarify what we've heard from a

04:02:32.800 --> 04:02:37.080
 couple of callers. Now, my understanding was that a lot of the camping that we had outside

04:02:37.080 --> 04:02:42.480
 of Monsignor King was precipitated by the fact that Monsignor King had limited hours

04:02:42.480 --> 04:02:47.740
 and did not, you know, have overnight here seven days a week, only a couple of days a

04:02:47.740 --> 04:02:53.560
 week. The facility that we're looking at right now, my understanding is seven days a week.

04:02:53.560 --> 04:02:54.560
 Is that correct?

04:02:54.560 --> 04:03:01.520
 Right. So a couple of things to address that specific question first. This facility will

04:03:01.520 --> 04:03:09.520
 be 24/7. So the people have access for 24 hours a day, where our current facility. Can

04:03:09.520 --> 04:03:16.760
 you hear me? Sorry. Okay. Thank you. So to make sure I remember done you, um, where Monsignor

04:03:16.760 --> 04:03:21.360
 King was an inclement weather shelter only open certain days of the week, Monday, Tuesday,

04:03:21.360 --> 04:03:26.080
 Wednesday, and an inclement weather that prevented people from having access to your shelter

04:03:26.080 --> 04:03:31.200
 every day of the week. And there is no shelter or space currently where people can go and

04:03:31.200 --> 04:03:38.080
 be 24 hours a day where this will solve that issue for us as well. Um, and then just a

04:03:38.080 --> 04:03:42.880
 couple of questions on the encampments. One of the complexities around the Monsignor King

04:03:42.880 --> 04:03:47.520
 facility is, is that some of the property isn't owned by the city. And so we are not

04:03:47.520 --> 04:03:51.440
 allowed to access private property or property that is not owned by us to do any kind of

04:03:51.440 --> 04:03:56.760
 abatement without permission from that owner, which we generally take steps to work on that

04:03:56.760 --> 04:04:02.920
 immediately to address any encampments that do exist. And then with areas that are undeveloped

04:04:02.920 --> 04:04:08.440
 that are city property, we take a compassionate management process where we work with the

04:04:08.440 --> 04:04:11.640
 people there. We send our home with outreach team out to build relationships with those

04:04:11.640 --> 04:04:15.480
 folks to connect them to services. And we worked in for as long as possible until it

04:04:15.480 --> 04:04:22.480
 becomes a safety issue. And then any encampment that is located near a private property, we

04:04:22.480 --> 04:04:27.400
 currently address immediately or where there are active use areas of public property. So

04:04:27.400 --> 04:04:32.360
 hopefully that helps. But if you have other questions, let me know. No, I guess my only

04:04:32.360 --> 04:04:37.440
 other question is, I know you said there's 24 hours a day services, but I mean, are people

04:04:37.440 --> 04:04:42.400
 expected to go in the building and never leave? You know, that's, that's the, I guess the

04:04:42.400 --> 04:04:47.920
 argument of, of the whole thing is whenever we start talking about migration through the

04:04:47.920 --> 04:04:52.160
 neighborhood or access through the neighborhood, we can talk about sidewalks in front of there

04:04:52.160 --> 04:04:56.040
 in the new zoning, but then there's still no sidewalks all the way down there to, I

04:04:56.040 --> 04:05:04.800
 guess, around Dairy Queen or up to a university. And it's where there's going to be a lot of,

04:05:04.800 --> 04:05:08.880
 I guess, movement through the neighborhood that that haven't typically had it. You know,

04:05:08.880 --> 04:05:13.760
 I bought this house, I bought my, I bought my property eight years ago now. And then

04:05:13.760 --> 04:05:17.800
 and wherever I bought it, there was an open field there. There's since been a substation

04:05:17.800 --> 04:05:21.720
 put up. It used to be a daycare behind there. This, this good current property we're talking

04:05:21.720 --> 04:05:26.560
 about is a daycare. A homeless shelter is a, is a, is a very far stretch from what it

04:05:26.560 --> 04:05:33.200
 was whenever we got it. So I, I appreciate, I appreciate their perspective. Mr. Salazar,

04:05:33.200 --> 04:05:38.040
 Christopher, you saw the floor. Yeah, no, I just wanted to, you know, thank Danny for

04:05:38.040 --> 04:05:42.960
 clearing up those questions because they were, they were concerns and it sounds like the

04:05:42.960 --> 04:05:47.840
 situation is completely separate in terms of the ownership of the surrounding lands

04:05:47.840 --> 04:05:53.320
 that would allow mitigation. You know, to the caller's concern, we're certainly not,

04:05:53.320 --> 04:05:57.800
 you know, understanding that this place is going to be the Hotel California. They can

04:05:57.800 --> 04:06:03.200
 never leave. They will, you know, but you know, basically we are going to be providing

04:06:03.200 --> 04:06:10.200
 people with someplace to be 24 hours a day, which provides less incentive for people to

04:06:10.200 --> 04:06:18.920
 go hiding in the cold dirty woods. And I think it provides, but we're what I'm hearing addresses

04:06:18.920 --> 04:06:24.040
 a lot of the concerns. And I'm done with that. I'm done with this. Thank you Mr. Perneta.

04:06:24.040 --> 04:06:27.960
 Commissioner Beck. Yeah, I have a, thank you chair. I have a real quick follow on for,

04:06:27.960 --> 04:06:34.400
 for Danny related to the caller's comment. Who, who owns the adjacent public facility

04:06:34.400 --> 04:06:39.920
 property with the substation? We own that as part of DME, correct?

04:06:39.920 --> 04:06:45.600
 We own the, the, to the West and to the North, uh, there's the only private property is to

04:06:45.600 --> 04:06:50.400
 the South. And just as an example, when we are working with private property, we also

04:06:50.400 --> 04:06:54.280
 are able to get enforcement authorizations that allow us to enter private property to,

04:06:54.280 --> 04:06:58.720
 to address any issues or abate any issues that may occur as quickly.

04:06:58.720 --> 04:07:05.480
 So there would be no distinction from our perspective or from a police enforcement perspective

04:07:05.480 --> 04:07:11.560
 or mental health enforcement perspective, whether the, someone who is, um, illegally

04:07:11.560 --> 04:07:17.600
 camping was on the shelter's property or, or DME property, that's all just city property

04:07:17.600 --> 04:07:22.840
 and the same response could be had. That's correct. We would address that immediately

04:07:22.840 --> 04:07:28.320
 and not allow for it. Thank you. Okay. So it's, pardon me for the interruption, but

04:07:28.320 --> 04:07:34.600
 can I make one comment based on the, on, on that statement there? You sure can. So, uh,

04:07:34.600 --> 04:07:39.200
 I guess it was last winter, the sprinkler system between my house and the substation

04:07:39.200 --> 04:07:42.900
 was, was on, and there must've been something, something faulty with it because I noticed

04:07:42.900 --> 04:07:49.840
 it was on for 12 straight hours. I probably made at least a dozen, maybe 15 calls to the

04:07:49.840 --> 04:07:55.560
 city trying to get somebody to turn the sprinkler system off. It took six days to turn a sprinkler

04:07:55.560 --> 04:08:04.920
 system off on, on DME's current property. So I just, I would like to be assured that

04:08:04.920 --> 04:08:10.480
 some of these things would be handled in a more timely manner. Yeah. Mr. Sousa, I certainly

04:08:10.480 --> 04:08:17.140
 the points made, uh, with, with that, um, I will say that as, as far as the city can

04:08:17.140 --> 04:08:25.540
 provide the appropriate barriers to prevent and to mitigate for the sprawl of those experiencing

04:08:25.540 --> 04:08:29.880
 homelessness near your area, I believe is being made. I don't think any assurances or

04:08:29.880 --> 04:08:35.440
 guarantees could be made at this time, but I assure you, it sounds like they are well

04:08:35.440 --> 04:08:41.520
 ahead of preventing and gaining the authorization to remove, uh, individuals who are on property

04:08:41.520 --> 04:08:47.160
 where in which they shouldn't be. Yeah. Okay. Well, I appreciate you guys letting me take

04:08:47.160 --> 04:08:50.760
 the time. Sorry. I know I ate up more than a three minutes. Not at all. I appreciate

04:08:50.760 --> 04:08:56.260
 you being on hold, uh, and engaging with us. You have a good night. You have a good evening.

04:08:56.260 --> 04:09:00.440
 So that concludes, um, the individuals who have been waiting on hold to speak with us.

04:09:00.440 --> 04:09:06.000
 In addition to those who called in, we did have 49 people make comments using our online

04:09:06.000 --> 04:09:11.700
 form. There were 34 in support of this item and 15 were against all the comment forms

04:09:11.700 --> 04:09:15.860
 were emailed to all the commissioners and our city secretary to be recorded. Uh, no

04:09:15.860 --> 04:09:21.840
 one called a line in on our line to, uh, leave their position. With that, I will close the

04:09:21.840 --> 04:09:27.800
 public hearing and turn to, uh, the zoom dais for a discussion or emotion. Commissioner

04:09:27.800 --> 04:09:33.200
 Smith. I'd like to make a motion for approval of staff recommendations. Uh, and with doing

04:09:33.200 --> 04:09:37.560
 that, I think, um, Mr Coleman, one of the, uh, one of the speakers who spoke earlier

04:09:37.560 --> 04:09:44.360
 today, I think that, uh, his position, his beliefs, his viewpoints should be heard and

04:09:44.360 --> 04:09:50.200
 heated a little bit more. Um, and, uh, in our community, I totally understand from the

04:09:50.200 --> 04:09:57.120
 property owners who are behind the property itself, that, um, the, uh, the fear of, uh,

04:09:57.120 --> 04:10:00.800
 the detriment that might bring you in your neighborhood that you might bring you in the

04:10:00.800 --> 04:10:04.960
 value of your property. And we will do our best from this commission and encouraging

04:10:04.960 --> 04:10:09.920
 city staff to, uh, to have that good neighbor agreement and to be able to codify those rules

04:10:09.920 --> 04:10:16.000
 to protect you guys, uh, both financially as well as physically. Uh, but with, uh, that

04:10:16.000 --> 04:10:22.240
 entire area of those don't know that the 2017 tax cuts and jobs act, uh, the, the, the tax

04:10:22.240 --> 04:10:27.640
 bill that was passed by the Trump administration created opportunity zones. And the only opportunity

04:10:27.640 --> 04:10:33.080
 zone in all of the, all of the North Texas area is actually in that neighborhood, right?

04:10:33.080 --> 04:10:38.480
 Where we are placing the shelter right there along 288 all the way over to the mingo road

04:10:38.480 --> 04:10:42.640
 all through that neighborhood, that area, and that is designated as a, as an economically

04:10:42.640 --> 04:10:48.240
 distressed area, an area where services like this services, like serve Denton, uh, that's

04:10:48.240 --> 04:10:53.440
 about a half mile south of this homeless shelter, where this is owning this proposed zoning

04:10:53.440 --> 04:10:58.480
 is right now, um, services that are needed for the people who live in that area and people

04:10:58.480 --> 04:11:03.240
 who congregate in that area. So, um, I can't think of too much of a better place to put

04:11:03.240 --> 04:11:09.160
 it. So, uh, my, uh, I wholeheartedly support and, uh, would like to see this zoning change

04:11:09.160 --> 04:11:16.200
 occur so they can see this project move forward. Thank you. Commissioner Smith. Uh, Christian

04:11:16.200 --> 04:11:21.680
 Pernetta. Um, I'll second that and, uh, you know, my thoughts on this good and get my

04:11:21.680 --> 04:11:26.680
 thoughts on it right now. Uh, you know, I live near North lakes. Um, so over the last

04:11:26.680 --> 04:11:31.480
 few years, I've gotten to see firsthand a lot of the influx of the homeless that have

04:11:31.480 --> 04:11:37.200
 moved in, you know, people experiencing homelessness that have moved into debt. And, um, you know,

04:11:37.200 --> 04:11:41.760
 my neighborhood doesn't experience significantly higher rate of crime than any others. What

04:11:41.760 --> 04:11:47.600
 we're having to deal with are people who are suffering right now. And, uh, right now, you

04:11:47.600 --> 04:11:52.640
 know, Denton is an appealing place for people to be because, um, it's not a violent place.

04:11:52.640 --> 04:11:58.320
 Um, it's, uh, you know, there's a lot of open area. Um, I think a lot of people around town

04:11:58.320 --> 04:12:02.720
 kind of experience, uh, experience, you know, um, our homeless population moving through

04:12:02.720 --> 04:12:07.960
 their neighborhoods. And a lot of that has to do with the fact that we don't have a facility

04:12:07.960 --> 04:12:14.800
 right now that provides 24 hour service and bed seven days a week. Um, this zoning, just

04:12:14.800 --> 04:12:19.840
 dropping back to the zoning is, you know, does conform to what's around it. Um, there's

04:12:19.840 --> 04:12:25.520
 nothing, you know, out of the ordinary about us passing it. Uh, I hope this passes because

04:12:25.520 --> 04:12:31.600
 I think this would be a great step in taking care of a problem for people who need a problem

04:12:31.600 --> 04:12:36.520
 taken care of. And I think, um, you know, what, whatever we can do to move compassionately

04:12:36.520 --> 04:12:42.140
 toward that place to, to make this a better community because this is a community, um,

04:12:42.140 --> 04:12:47.640
 you know, is something we should all stand behind. Thank you. So we have a first and

04:12:47.640 --> 04:12:53.840
 a second for approval. Is there any discussion on this? Commissioner Ellis. Thank you, just

04:12:53.840 --> 04:12:58.360
 for clarity. Um, I know commissioner Smith said, um, approved with staff conditions,

04:12:58.360 --> 04:13:01.840
 but this is just a zoning change. Correct. There are no conditions where we're putting

04:13:01.840 --> 04:13:16.480
 on this. Correct. Ron, you're muted. Oh, sorry about that. No, just, uh, just the,

04:13:16.480 --> 04:13:23.480
 um, um, recommendation for approval. There are no conditions. I understand. I just wanted

04:13:23.480 --> 04:13:27.840
 it for clarity. Um, yeah. And then if I could just make a couple of comments, I mean, obviously

04:13:27.840 --> 04:13:33.480
 we are approving a zoning change. And as commissioner Pernetta, I've just stated, I mean the PF zoning

04:13:33.480 --> 04:13:43.000
 change, it completely makes sense. Um, and obviously the idea is great for, for the area.

04:13:43.000 --> 04:13:47.940
 So my hope is that Danny just continues to do the great job she's doing with public outreach

04:13:47.940 --> 04:13:53.480
 and continuing to put forth the effort to make this the best, you know, and a win win

04:13:53.480 --> 04:13:58.640
 for, for everybody in the city of Denton. Um, obviously this became a public hearing

04:13:58.640 --> 04:14:02.040
 for the homeless shelter. Um, that's not what we're doing here. We're talking about a zoning

04:14:02.040 --> 04:14:07.200
 change. Um, but yeah, just keep that public outreach going so we can make this the best

04:14:07.200 --> 04:14:15.840
 for the city of Denton. Thanks. Uh, commissioner Beck. Yeah, thank you. And, and because the

04:14:15.840 --> 04:14:20.960
 other commissioners said, uh, actually pretty much exactly what I was feeling. I just want

04:14:20.960 --> 04:14:26.660
 to commend them and share their viewpoint on, on that one. The, the other thing I want

04:14:26.660 --> 04:14:31.040
 to highlight is something that commissioner Ellis brought to the front and that we had

04:14:31.040 --> 04:14:36.440
 staff confirm over and over again is that we follow our own guidelines. So, uh, we're

04:14:36.440 --> 04:14:41.520
 going to follow the rules that we set for ourselves and, and those are going to be what

04:14:41.520 --> 04:14:46.080
 Danny operates under and, and makes this the best possible property that it possibly can't

04:14:46.080 --> 04:14:51.360
 be for Denton. So, uh, I completely concur with the, uh, people who have spoken so far.

04:14:51.360 --> 04:15:00.120
 Thank you. All right. We have a first and a second for approval. Any other discussion?

04:15:00.120 --> 04:15:05.520
 Seeing none. Uh, the only two cents I will add before we vote via roll call is, uh, commissioner

04:15:05.520 --> 04:15:09.800
 Ellis is right. This is a zoning and even if looking at the zoning map, uh, PF makes

04:15:09.800 --> 04:15:15.320
 a whole lot of sense here. Um, so on its surface, uh, it makes a lot of sense. Moreover, when

04:15:15.320 --> 04:15:19.480
 we think about the plans already in place to build out a homeless shelter, there's concerns

04:15:19.480 --> 04:15:24.800
 about the geography of it and the commissioner Smith's point. It makes complete sense given

04:15:24.800 --> 04:15:30.280
 the resources available at serve Denton just down the road. Uh, and then there is comment

04:15:30.280 --> 04:15:35.500
 I made about the salvation army, which is speculative, um, of what's happening there.

04:15:35.500 --> 04:15:40.760
 And all I would say is if didn't becomes a city in which we have an oversupply of homeless

04:15:40.760 --> 04:15:45.720
 beds, I think that's a win. Um, because it says we're doing something right to serve

04:15:45.720 --> 04:15:51.960
 that population. Um, right now we all see it every day that there are people that don't

04:15:51.960 --> 04:15:58.000
 have places to stay, uh, and they are, they're suffering and, um, we have great nonprofits

04:15:58.000 --> 04:16:02.140
 trying to serve them. Uh, and I think they're doing a great job. Uh, but it is clear to

04:16:02.140 --> 04:16:08.140
 me that didn't needs more, uh, support for these individuals. And so if, uh, the city

04:16:08.140 --> 04:16:12.000
 of Denton can make something happen and salvation army wants to pair with them, then, then I

04:16:12.000 --> 04:16:17.240
 think we should provide the best service we can. And then our goal is to reduce the number

04:16:17.240 --> 04:16:22.080
 of occupants because we're, we're, we're creating, uh, some successes and getting people back

04:16:22.080 --> 04:16:27.220
 on their feet. And so, um, with that, I happily support this, uh, but we'll go ahead and take

04:16:27.220 --> 04:16:35.640
 a vote via roll call. Uh, first step is commissioner Beck. Aye. Commissioner Ellis. Aye. Commissioner

04:16:35.640 --> 04:16:46.160
 Anderson. Aye. Commissioner Smith. Aye. Commissioner Cole. Aye. Commissioner Pernetta. Aye. Chair's

04:16:46.160 --> 04:16:53.400
 also an aye. The motion carries seven zero. The next item of consideration, uh, is item

04:16:53.400 --> 04:17:01.160
 five D S 20 dash zero zero zero one. Before we hop into this, I just want to be respectful.

04:17:01.160 --> 04:17:06.080
 Does anyone need to take a break or would like to take a break or should we hear this

04:17:06.080 --> 04:17:13.200
 last item? Okay. Well, let's, uh, let's go ahead and hear the last item. Uh, so this

04:17:13.200 --> 04:17:17.960
 item is being presented by, uh, Ron Maguida and I will open the public hearing. Thank

04:17:17.960 --> 04:17:34.320
 you, chair. Uh, let me pull up the presentation. Ron Maguida, principal planner with development

04:17:34.320 --> 04:17:40.800
 services. Uh, this, uh, item for consideration is a specific use permit for a project, uh,

04:17:40.800 --> 04:17:46.680
 called mockingbird multifamily. And by name, uh, this is a request again for a specific

04:17:46.680 --> 04:17:51.920
 use permit to allow for a multifamily use, uh, which is located as you can see here on

04:17:51.920 --> 04:17:58.080
 the corner of bingo and mockingbird outline in yellow. Uh, the proposed, uh, multifamily

04:17:58.080 --> 04:18:05.080
 is going to consist of 149 dwelling units, um, within six buildings, a clubhouse and

04:18:05.080 --> 04:18:15.040
 20, sorry, 250 associate parking spaces. Um, the future land use for this area is shown

04:18:15.040 --> 04:18:20.760
 here as moderate residential. And on the left, you can see that the description of a moderate

04:18:20.760 --> 04:18:25.920
 residential is four to 12 dwelling units, uh, low rise, multifamily dwellings and town

04:18:25.920 --> 04:18:31.200
 homes, uh, keeping in scale and, and style of buildings, uh, with the neighborhood or

04:18:31.200 --> 04:18:37.240
 the area, uh, providing a transition between low residential and a more intense commercial

04:18:37.240 --> 04:18:42.520
 use. Uh, and you can see from the map here, you, you have some single family, uh, lower

04:18:42.520 --> 04:18:48.920
 intense uses in between modern residential and then the community mixed use, uh, which

04:18:48.920 --> 04:18:56.240
 is a long university. The current zoning, uh, per the 2019 development code, uh, transitioned

04:18:56.240 --> 04:19:03.240
 this area from, um, what it was once NRME 12 to now our seven, uh, our seven requires

04:19:03.240 --> 04:19:08.680
 a multi, I'm sorry, a specific use permit or multifamily. The maximum building height

04:19:08.680 --> 04:19:15.440
 is 40 feet with a building coverage maximum of 65 feet. Um, there is no density requirements

04:19:15.440 --> 04:19:21.760
 in the 2019 development code. So what, um, property owners and developers have to comply

04:19:21.760 --> 04:19:25.680
 with is the parking requirements, landscape and open space requirements, as well as tree

04:19:25.680 --> 04:19:31.960
 preservation requirements. So why are we here today? Um, and I failed to mention that this

04:19:31.960 --> 04:19:39.760
 is a site that you have seen before. It was under consideration for a specific use permit

04:19:39.760 --> 04:19:45.920
 back about a couple of years ago. And on July 16th, 2019, the city council approved the

04:19:45.920 --> 04:19:53.520
 specific use permit for this site for multifamily with conditions. And those conditions, um,

04:19:53.520 --> 04:20:01.240
 as you see here in on the screen allows for staff to make any corrections or adjustments,

04:20:01.240 --> 04:20:07.480
 but only up to 5% either increase or decrease. Uh, and why we're here tonight is because

04:20:07.480 --> 04:20:13.000
 the applicant is wanting to change their site plan and their program for their, for their

04:20:13.000 --> 04:20:19.400
 development, uh, because it does increase more than 5% or decreased by more than 5%

04:20:19.400 --> 04:20:25.080
 a new specific use permit is required. Uh, specifically the number of buildings, the

04:20:25.080 --> 04:20:32.360
 number of dwelling units, and also the number of parking spaces all exceed that 5%. What

04:20:32.360 --> 04:20:38.000
 we have in front of you here is a chart that illustrates what, um, was approved under the

04:20:38.000 --> 04:20:46.500
 2019, um, um, SUP July 16th, 2019. And what is currently being requested as part of this

04:20:46.500 --> 04:20:53.480
 proposed SUP, um, just way of describing the, the column under here is actually under the

04:20:53.480 --> 04:21:00.240
 2002. And then what's currently being proposed is under the 2019. The zoning is again stated

04:21:00.240 --> 04:21:06.840
 earlier is our seven. The site has not changed as far as acreage. The number of dwell a number

04:21:06.840 --> 04:21:12.840
 of buildings that is, is going from 12 to six, uh, with a clubhouse, the number of square

04:21:12.840 --> 04:21:18.080
 footage has increased. The number of units has also increased. Just want to note that

04:21:18.080 --> 04:21:22.120
 the reason why the units have increased is because there are more one bedrooms versus

04:21:22.120 --> 04:21:27.600
 two and three bedrooms. As a result of the more one bedroom units, um, the number of

04:21:27.600 --> 04:21:36.000
 parking spaces required has dropped from 343 to 202. Uh, sorry, I, I stand corrected. The

04:21:36.000 --> 04:21:44.960
 number of bedrooms, um, that was proposed, um, or, uh, back in 2019 is 343. And what

04:21:44.960 --> 04:21:49.880
 is being proposed today is 202 because of the number of bedrooms dropping the number

04:21:49.880 --> 04:21:57.480
 of parking spaces has also dropped, uh, again, from three 75 to 250 parking, uh, spaces required.

04:21:57.480 --> 04:22:03.600
 The number of, I'm sorry, the number of the percentage of the impervious surface has dropped.

04:22:03.600 --> 04:22:10.760
 Uh, the landscape barrier has increased and then tree canopy has increased, um, uh, significantly.

04:22:10.760 --> 04:22:15.880
 Uh, and then the, the other two items here, the lot and building garbage are difficult

04:22:15.880 --> 04:22:21.000
 to compare because one is lot and one is building. Uh, and then the tree, uh, tree preservation

04:22:21.000 --> 04:22:26.600
 is also difficult to compare because one is 2002 and one in 2019. But again, I want to

04:22:26.600 --> 04:22:33.160
 focus the differences in the number of buildings, the number of units, the number of bedrooms,

04:22:33.160 --> 04:22:39.320
 which has decreased, which again, as a result also dropped the number of parking spaces.

04:22:39.320 --> 04:22:44.840
 This here illustrates what was approved under the 2000 or the previous, um, SUP and what

04:22:44.840 --> 04:22:49.840
 is currently proposed under this request. Um, for this SUP, you can see that the number

04:22:49.840 --> 04:22:55.360
 of buildings have obviously decreased. Uh, there are a lot more open space. As a result,

04:22:55.360 --> 04:23:01.280
 the areas to the north along the railroad has a lot more open space and trees, uh, either

04:23:01.280 --> 04:23:07.360
 replanted or preserved, uh, to the East, uh, I'm sorry, to the West. There are also additional

04:23:07.360 --> 04:23:13.440
 open spaces than compared to what was, uh, proven 2019. And then the Southern border

04:23:13.440 --> 04:23:18.960
 of the property still has the buffer or the screening, uh, landscaping that was proposed

04:23:18.960 --> 04:23:27.080
 prior. Really quickly, I'm going to illustrate some of the, um, the site plan and landscape

04:23:27.080 --> 04:23:32.720
 plan. This is the proposed site plan. It identifies that, uh, they've met all of the requirements

04:23:32.720 --> 04:23:38.640
 as far as setbacks. It also meets the building maximum building coverage, uh, as well as

04:23:38.640 --> 04:23:45.760
 the required parking spaces. They all are in compliant in regards to those standards.

04:23:45.760 --> 04:23:51.760
 The landscaping, uh, similarly has met the requirement based on the site plan submitted

04:23:51.760 --> 04:23:56.960
 with regards to landscape area, tree canopy cover, uh, the landscape and buffer points,

04:23:56.960 --> 04:24:03.800
 and then the minimum open space, um, uh, for the residents of 8% has also been provided.

04:24:03.800 --> 04:24:08.400
 Uh, the majority of that, as you can see, based on this illustration is in the center

04:24:08.400 --> 04:24:16.080
 of the proposed development. The tree preservation also, um, was reviewed and you can see based

04:24:16.080 --> 04:24:23.580
 on this, that they are preserving the minimum 30% of the tree, uh, DB, uh, DBH, uh, diameter

04:24:23.580 --> 04:24:29.240
 breast height. And most of the locate is located along the Northern portion of the development,

04:24:29.240 --> 04:24:34.360
 uh, along the railroad tracks. There are some along the within the middle of the development.

04:24:34.360 --> 04:24:42.220
 And then again, some along the Southern portion of the proposed site. Um, as with any application,

04:24:42.220 --> 04:24:48.200
 there are the, uh, 13 that we look at as far as approval criteria. Uh, again, I won't read

04:24:48.200 --> 04:24:54.000
 all of them, but again, I wanted to focus on the three that are in bold as far as consistent

04:24:54.000 --> 04:25:00.160
 with the comprehensive plan, uh, how it, um, how it minimizes or affects the surrounding

04:25:00.160 --> 04:25:05.680
 facilities. And does the proposed SUP, uh, with the proposed multifamily development,

04:25:05.680 --> 04:25:12.080
 um, does that provide adequate, uh, public services and facilities within the area? Lastly,

04:25:12.080 --> 04:25:17.040
 there is also a section in the code that speaks to the specific use permit approval criteria.

04:25:17.040 --> 04:25:24.060
 Um, there are a total of six, uh, very similar to the first, uh, set of approval criteria,

04:25:24.060 --> 04:25:29.160
 but I'll just read these, uh, real quickly that the specific use, uh, proposed is compatible

04:25:29.160 --> 04:25:36.360
 with this surrounding area that it does, uh, not, uh, create, um, impact on future development,

04:25:36.360 --> 04:25:42.120
 that it meets all standards of the DDC, that any, um, impacts are adequately mitigated

04:25:42.120 --> 04:25:48.480
 in terms of utilities and other, um, services, uh, that is in, it is in conformance with

04:25:48.480 --> 04:25:53.080
 comprehensive plan and it does not adversely impact the health, safety, and welfare of

04:25:53.080 --> 04:26:00.080
 the citizens or inhabitants of the city of Den. Um, I, I want to also share with, uh,

04:26:00.080 --> 04:26:05.960
 with you all that the site is surrounded by, uh, some major streets, um, University, uh,

04:26:05.960 --> 04:26:12.120
 to the north, Mingo, um, to the northwest, uh, we have also Audra to the south and then

04:26:12.120 --> 04:26:18.040
 Mockingbird is the spine that, that, um, is aligned with the site and that will be the

04:26:18.040 --> 04:26:24.880
 major, um, access for the proposed development. Uh, with that, there are a number of the existing

04:26:24.880 --> 04:26:31.920
 residential neighborhoods, uh, to note the Bel Air North, uh, addition is an area just

04:26:31.920 --> 04:26:37.640
 directly to the south, uh, and in the last, uh, specific use, uh, permit, uh, consideration,

04:26:37.640 --> 04:26:43.480
 we did hear a lot from these folks. Uh, as of today, we have only received one and that

04:26:43.480 --> 04:26:48.920
 person, um, that had submitted their comment is along Stockton street and generally in

04:26:48.920 --> 04:26:56.320
 this area here, just so just directly south of the site mobility plan shares, uh, shows

04:26:56.320 --> 04:27:02.720
 that the, um, the Mockingbird road, um, lane that is, it's, it's designated as a collector

04:27:02.720 --> 04:27:08.920
 and Mingo is a designated secondary arterial. Uh, and I want to make mention that these

04:27:08.920 --> 04:27:14.680
 streets are currently not built to their roadway classification, so they're, they're, um, they're

04:27:14.680 --> 04:27:20.280
 not up to what is, uh, planned for the future, but, um, again, those are the designation

04:27:20.280 --> 04:27:27.280
 as per the mobility plan. This slide here illustrates or shows that we have done our

04:27:27.280 --> 04:27:33.240
 analysis, um, staff has prepared a staff analysis that is included in your backup. Again, trying

04:27:33.240 --> 04:27:37.960
 to address those approval criteria, uh, we looked at the, uh, the land use element, how

04:27:37.960 --> 04:27:42.800
 it is compatible with the surrounding area. Does it provide adequate capacity for public

04:27:42.800 --> 04:27:47.880
 services and facilities? There was a TIA that was submitted for this application. There

04:27:47.880 --> 04:27:52.640
 was one before, um, because they changed their site plan, we asked that the applicant prepare

04:27:52.640 --> 04:27:59.480
 a new one and that has also been, uh, submitted, reviewed and approved by staff. Uh, the results

04:27:59.480 --> 04:28:04.960
 of that TIA, uh, required mitigation measures in the form of two right turn lanes that lead

04:28:04.960 --> 04:28:11.040
 into the development. There was also a flood study done, uh, as a result of that flood

04:28:11.040 --> 04:28:16.160
 study, it determined that there were no adverse impact, uh, for the development as a result

04:28:16.160 --> 04:28:20.640
 of the development. And again, the preliminary site plan, a proposed site plan and landscape

04:28:20.640 --> 04:28:26.440
 plan that, uh, we have, we saw will, um, as shown will comply with the development code

04:28:26.440 --> 04:28:34.320
 standards, uh, as it relates to the following, uh, sections of the code. As noted earlier,

04:28:34.320 --> 04:28:41.240
 we, we did send notifications, uh, to, uh, properties within 200 feet, 28 in total, and

04:28:41.240 --> 04:28:48.400
 then 83 postcards to properties within 500 feet. And as of this afternoon, uh, this site,

04:28:48.400 --> 04:28:53.120
 this slide hasn't been updated, but again, we received one in opposition. And again,

04:28:53.120 --> 04:28:59.640
 that person lives, uh, on Stockton street. There were two virtual neighborhood meetings,

04:28:59.640 --> 04:29:05.920
 uh, held again. This is recently, this was earlier this year, July 16th and July 20th.

04:29:05.920 --> 04:29:12.840
 Um, the applicant hosted that virtual meeting. There were, uh, I would say six or seven participants

04:29:12.840 --> 04:29:19.680
 that participated, uh, five or so in the first one, and then one in the last one. And the

04:29:19.680 --> 04:29:25.880
 applicant presented the proposed changes and also answered questions related to their concerns.

04:29:25.880 --> 04:29:32.400
 Um, with that, um, staff, uh, is recommending approval, uh, as it is, uh, compliant with

04:29:32.400 --> 04:29:37.520
 the criteria of approvals that, that were stated earlier. Uh, we are recommending the

04:29:37.520 --> 04:29:43.000
 same conditions are very similar in the sense that, uh, the proposed or preliminary site

04:29:43.000 --> 04:29:49.400
 plan and landscape plan will be tied to the ordinance and any changes to those site plan

04:29:49.400 --> 04:29:55.960
 or a landscape plan, uh, can happen as long as it does not increase, um, or decrease more

04:29:55.960 --> 04:30:00.680
 than 5%. Uh, and what we're talking about are again, the number of buildings, the number

04:30:00.680 --> 04:30:06.440
 of dwelling units, the number of parking spaces, and also the maximum, um, building coverage.

04:30:06.440 --> 04:30:14.760
 So as long as they comply with these, uh, set of, um, development, um, topics or items,

04:30:14.760 --> 04:30:19.920
 then, um, they are good. However, if again, things change, then obviously, um, they would

04:30:19.920 --> 04:30:27.320
 have to resubmit a new application. With that, I'll stand for any questions. Um, the applicant

04:30:27.320 --> 04:30:33.160
 is also hopefully on the line and has a presentation, um, that, uh, they've prepared and shared

04:30:33.160 --> 04:30:41.720
 with staff. Uh, thank you, Ron. Uh, Christopher Beck. Thank you, Ron. Um, so something I forgot

04:30:41.720 --> 04:30:46.400
 to ask you in work session is, uh, what, what school district or school district, what schools

04:30:46.400 --> 04:30:52.680
 are these, is this area zoned for? Is it Wilson? I don't know off the top of my head off. And

04:30:52.680 --> 04:30:58.120
 did we, did we talk with the, um, the district about, uh, the increased load depending on

04:30:58.120 --> 04:31:01.760
 the school? That's a typical thing we typically see. That, that is, that is something that

04:31:01.760 --> 04:31:06.160
 obviously with, with the zoning, obviously with the con the conference, I'm sorry, the

04:31:06.160 --> 04:31:11.760
 development code update, uh, we obviously made them aware now as far as the use itself,

04:31:11.760 --> 04:31:17.640
 um, you know, multifamily, um, that is something that would need to be, uh, further, uh, uh,

04:31:17.640 --> 04:31:21.720
 discussed with the school district. Uh, obviously, uh, from between now and, and city council

04:31:21.720 --> 04:31:26.080
 will certainly reach out. We did, we, we normally do it with zoning and SUPs is a little bit

04:31:26.080 --> 04:31:31.660
 more different, but we can certainly reach out to, uh, DISD and get that, uh, comment

04:31:31.660 --> 04:31:38.020
 from them. All right. Thank you, Ron. Any other questions for Ron, or we can invite

04:31:38.020 --> 04:31:45.880
 the applicant for his presentation or her presentation. Okay, great. Um, if the applicant

04:31:45.880 --> 04:31:51.240
 is on the line, they can go ahead and unmute themselves. Yeah. My name is Patrick Phelps

04:31:51.240 --> 04:31:56.440
 and I'm with Kirkman engineering. Can you hear me? We sure can. Patrick, as the applicant,

04:31:56.440 --> 04:32:00.960
 you have 10 minutes to present. And I think, uh, Ron has the slides being pulled up for

04:32:00.960 --> 04:32:04.920
 you right now. All right. I've got the wrong slide here. Let me, let me try to scan. I

04:32:04.920 --> 04:32:22.820
 can do that one. Sorry, Patrick. Um, there we go. You're, you're fine. I can, I can give

04:32:22.820 --> 04:32:27.840
 you my address now. My address is 5,200 state highway one 21 in Colleyville, Texas. And

04:32:27.840 --> 04:32:32.480
 I am with Kirkman engineering here this evening, representing the owner and developer of the

04:32:32.480 --> 04:32:39.240
 property, um, who is also on the column and has a, uh, has lost his voice. So he's going

04:32:39.240 --> 04:32:43.020
 to, he's got a little challenge talking this evening. So I'll try to answer all the questions

04:32:43.020 --> 04:32:49.800
 I can. And if he needs to jump in, he can as well. Um, Ron, do I just have you change

04:32:49.800 --> 04:32:57.700
 the slide? Yes, go ahead. Okay. Um, and like Ron mentioned that we do have an existing

04:32:57.700 --> 04:33:03.580
 SUP on this site for multifamily use. Um, I'll get into the reasons why we're requesting

04:33:03.580 --> 04:33:11.120
 a revision to that SUP or a new be, um, in just a moment. Um, Ron covered his presentation

04:33:11.120 --> 04:33:15.280
 was a very extremely good, extremely thorough, covers a lot of the same talking points that,

04:33:15.280 --> 04:33:20.280
 that I will, I won't spend a lot of time as it's, it's getting late in the evening and,

04:33:20.280 --> 04:33:27.180
 um, waste your time with duplicate effort here. Um, so if we go to the next slide, again,

04:33:27.180 --> 04:33:33.300
 just the location of the property, uh, we've do one of the points I want to clarify from

04:33:33.300 --> 04:33:39.160
 the work session is that we don't really have direct access or adjacency to mingle road.

04:33:39.160 --> 04:33:45.100
 We've got a large railroad right away. That is a buffer between us and the, uh, mingle

04:33:45.100 --> 04:33:49.480
 road right of way. So we don't, we're not, we're not taking access directly from it.

04:33:49.480 --> 04:33:53.540
 We don't have, we're not making improvements to it. We have studied it a number of times

04:33:53.540 --> 04:33:57.540
 and studied the traffic on that road, um, the number of times through this process,

04:33:57.540 --> 04:34:06.080
 but we are one property, um, removed from it. Um, if we go to the next slide, okay,

04:34:06.080 --> 04:34:11.780
 again, existing zoning are R7 with, with an existing SUP. Again, we're requesting an SUP

04:34:11.780 --> 04:34:19.360
 for multifamily use. Next slide. Okay. And you know, I think the, the first question

04:34:19.360 --> 04:34:23.900
 from you guys has got to be what, what are we doing here? Why are we, we just approved

04:34:23.900 --> 04:34:28.180
 this SUP last year. Why don't you go build your SUP, your, your multifamily use in accordance

04:34:28.180 --> 04:34:33.160
 with the SUP that we worked, you know, a tremendous amount of time back and forth with you guys,

04:34:33.160 --> 04:34:39.820
 with council, with staff, spent a lot of effort last year getting this done. Um, and, and

04:34:39.820 --> 04:34:44.160
 it's, it's a, it's a good question is why, why are we asking for this SUP? During that

04:34:44.160 --> 04:34:49.240
 time since we've been approved, we've really spent a lot of time researching, you know,

04:34:49.240 --> 04:34:54.080
 corporate research, um, working with other developers, multifamily developers that work

04:34:54.080 --> 04:34:58.680
 in this community, work in other communities and, and seeing what works best, what, what

04:34:58.680 --> 04:35:07.000
 are these, what are these items that we could do, um, better. And, and so when we did that,

04:35:07.000 --> 04:35:11.320
 we kind of went back to the drawing boards with, with a new design team and looked at

04:35:11.320 --> 04:35:18.140
 it. And what we ended up with was a significant, uh, change in our program, like Ron mentioned,

04:35:18.140 --> 04:35:24.720
 it was, it was more than what was allowed in the approved SUP. And we've got a side

04:35:24.720 --> 04:35:28.760
 by side comparison here of, of kind of some of the things that have changed, you know,

04:35:28.760 --> 04:35:32.720
 the, the big, the big things here are, you know, we are increasing the number of units

04:35:32.720 --> 04:35:43.920
 118 to 149 and, but we're not increasing the density. And really in reality, we are reducing

04:35:43.920 --> 04:35:47.720
 the density by the number of bedrooms, by the number of parking spaces, by the number

04:35:47.720 --> 04:35:56.600
 of total people that will be utilizing this development. And then by creating, we really

04:35:56.600 --> 04:36:05.040
 try to cluster the open spaces and consolidate the open spaces and the living spaces into

04:36:05.040 --> 04:36:09.920
 more regional spaces within the development. And by doing that, we were able to monetize

04:36:09.920 --> 04:36:15.560
 the multifamily area significantly more. Whereas before we were providing a swimming pool and

04:36:15.560 --> 04:36:20.400
 a dog park and some, and the necessary open space to meet the ordinances and, and the,

04:36:20.400 --> 04:36:25.560
 the amount of landscaped areas that that's required, but they were really segmented and

04:36:25.560 --> 04:36:29.880
 it was a little piece here and a little piece there. And with this new layout, we really

04:36:29.880 --> 04:36:35.280
 consolidated all that. And you'll see in just a moment, there's large open spaces in the

04:36:35.280 --> 04:36:39.640
 center of the buildings and in a courtyard type area. And then you could see the list

04:36:39.640 --> 04:36:45.480
 of amenities. We had a clubhouse with a resort style pool, sand volleyball court, um, basketball

04:36:45.480 --> 04:36:50.400
 court in a number of things, uh, that, that we're doing above and beyond what was doing

04:36:50.400 --> 04:36:54.840
 we were providing previously. And then the two big items that we really want to point

04:36:54.840 --> 04:36:59.280
 out here are the total number of bedrooms and the total number of parking spaces. Um,

04:36:59.280 --> 04:37:03.880
 previously that, that was where the largest concerns is, is really the traffic impacts

04:37:03.880 --> 04:37:10.200
 to the area. And, and then this is the biggest, uh, positive we can provide with this new

04:37:10.200 --> 04:37:15.280
 development plan is by just reducing the overall number of people that will be living here.

04:37:15.280 --> 04:37:20.620
 And it's not, it can't be any more clear than just reducing the number of bedrooms and parking

04:37:20.620 --> 04:37:27.160
 spaces. So, and site plan improvements, we've got additional green space and I think just

04:37:27.160 --> 04:37:33.080
 improved green space and you know, the overall impervious areas is not changed significantly,

04:37:33.080 --> 04:37:38.960
 but I think the way it's being used is being changed significantly. Um, elevation improvements.

04:37:38.960 --> 04:37:45.240
 We'll touch on those in just a moment. We go to the next slide, Ron. Okay. Um, the neighborhood

04:37:45.240 --> 04:37:52.400
 feedback. So we, we did hold two more public meetings virtually. Um, and some of the, the

04:37:52.400 --> 04:37:57.440
 same folks that were, uh, we spoke with last year came out and we spoke with them again.

04:37:57.440 --> 04:38:02.480
 And general, the, the feedback was positive when, when they see the, the work that's been

04:38:02.480 --> 04:38:06.800
 done on this thing and the, the renderings that we'll look at in just a minute and what

04:38:06.800 --> 04:38:10.080
 this, what this product is going to actually look like and how it's potentially going to

04:38:10.080 --> 04:38:14.760
 function. I think everybody was in agreement that this is just an overall better product.

04:38:14.760 --> 04:38:18.780
 And that's at the end of the, at the end of the day, that's why we're bringing this back

04:38:18.780 --> 04:38:25.120
 to your commission and hopefully to city council for approval is that we just felt a significantly

04:38:25.120 --> 04:38:29.640
 better product and we would just be doing a disservice to the community and to ourselves

04:38:29.640 --> 04:38:35.240
 by moving forward with what we had previously approved. And so we're here tonight asking

04:38:35.240 --> 04:38:40.360
 for an approval on a new SUP on what we believe is a better product. And I hope you guys do

04:38:40.360 --> 04:38:48.320
 too. Um, last couple of items that the tree canopy cover as, as increased and by a significant

04:38:48.320 --> 04:38:54.880
 amount. And then the, uh, building a lot, coverages are, are within the tolerances that

04:38:54.880 --> 04:39:02.560
 allowed by ordinance. Um, Ron, when the next line, just real quick, just the approved layout

04:39:02.560 --> 04:39:08.660
 and we'll, we'll go to the next slide. Oh, the previously approved layout just for reference.

04:39:08.660 --> 04:39:15.360
 And then our, our, uh, proposed plan. And just with the naked eye, I think you could

04:39:15.360 --> 04:39:20.440
 just tell and see the immediate difference of the, the can now consolidated open spaces

04:39:20.440 --> 04:39:24.840
 that I'm speaking of where the buildings, the building and living spaces are really

04:39:24.840 --> 04:39:29.200
 localized in a, in a, you know, clusters of themselves. And then the same is true with

04:39:29.200 --> 04:39:37.920
 the open space and it's really activated and be more useful to the con the product consumer

04:39:37.920 --> 04:39:45.680
 here who are the folks that will live in this development. Next slide. We've just got a

04:39:45.680 --> 04:39:52.560
 zoom in on the site data table there and it shows you the breakdown of, of the number

04:39:52.560 --> 04:39:57.880
 of units and how we, how the bedrooms were counted, um, the parking spaces were counted,

04:39:57.880 --> 04:40:02.240
 things like that, that are pertinent to really the detailed items of things we can, we can

04:40:02.240 --> 04:40:11.060
 go back to if we need to with any questions. Next slide, Ron. Okay. Um, this is our landscape

04:40:11.060 --> 04:40:16.920
 plan and the, the challenge with this site was preserving as many trees as we possibly

04:40:16.920 --> 04:40:23.320
 could. That, that was a task asked of us, um, last year and while we're working with

04:40:23.320 --> 04:40:28.560
 the original SGP, um, we got over that hurdle and, and with this plant, we've made improvements.

04:40:28.560 --> 04:40:32.720
 I think we're able to save more trees and preserve more trees. Um, now than we were

04:40:32.720 --> 04:40:40.360
 previous flame and, uh, accommodate the, the change in, in, uh, in ordinances as well.

04:40:40.360 --> 04:40:45.720
 So the, the, the ordinances change and we've updated that and, um, we're, we're working

04:40:45.720 --> 04:40:51.040
 with within that and, you know, we've got a very conservative plan here in front of

04:40:51.040 --> 04:40:55.420
 you today and we just hope to be able to save even more trees once we get into the design

04:40:55.420 --> 04:41:01.880
 phase of this project. Next slide. A tree mitigation plan. You can see the trees that

04:41:01.880 --> 04:41:10.720
 were, um, proposing to preserve the, the Southern cluster on the, on the property line are,

04:41:10.720 --> 04:41:15.360
 are critical for us and we're going to make an extreme effort to, to preserve those trees

04:41:15.360 --> 04:41:19.720
 and you'll see in a moment with a rendering slide on how, on how that's going to buffer

04:41:19.720 --> 04:41:26.840
 us from the residential folks to the, to the South. Next slide. Just to break down again,

04:41:26.840 --> 04:41:34.800
 like the site data table of, of the tree preservation, um, quantities, you've got the new categories

04:41:34.800 --> 04:41:40.440
 of landmark heritage quality and secondary trees and just the breakdown of, of the percentage

04:41:40.440 --> 04:41:43.560
 of trees that we're, that we're saving in each of those categories and then ultimately

04:41:43.560 --> 04:41:51.280
 what we'll have to, to mitigate for. Um, there you go. Next slide. A new and improved elevation

04:41:51.280 --> 04:41:55.840
 here. Uh, I think we're really excited about, about the, these next couple of slides and

04:41:55.840 --> 04:41:59.640
 I think we'll really show the image and the vision of what we're, we're trying to achieve

04:41:59.640 --> 04:42:08.780
 here. I mean, just a very modern, clean look, a two story product that I think everyone

04:42:08.780 --> 04:42:13.600
 will be supportive of. And it just, it's just a nice looking product, we believe in a, in

04:42:13.600 --> 04:42:20.640
 a vast improvement over the garages and things like that, that we had on the previous plan.

04:42:20.640 --> 04:42:28.680
 Next slide. And so what we've tried to illustrate here is, is how we'll, um, work with the property

04:42:28.680 --> 04:42:32.980
 owners to the South. And you can see the drainage channel, the concrete channel that's actually

04:42:32.980 --> 04:42:39.120
 in the subdivision to the South. It's in the, um, residential lots. And so our property

04:42:39.120 --> 04:42:44.260
 starts at the tree line. You can see just there on, on the North side of the concrete

04:42:44.260 --> 04:42:52.240
 channel. Um, and then we've, with the rendering, we were able to put, put in our two store

04:42:52.240 --> 04:42:56.160
 product, keep those trees, the existing trees that are going to be there today and show

04:42:56.160 --> 04:43:00.760
 the line of sight from a, from a residential, um, property on the other side of the channel

04:43:00.760 --> 04:43:09.400
 and, and just illustrate the buffer that will be there, um, as an existing, um, landscape

04:43:09.400 --> 04:43:14.920
 buffer with the trees that are there today. I think that that's, it's an important point

04:43:14.920 --> 04:43:22.280
 and we will go make an extra effort to preserve those trees, to preserve that, that buffer.

04:43:22.280 --> 04:43:28.600
 Next slide. Just, uh, I think this is where the visioning really comes into play. And,

04:43:28.600 --> 04:43:33.960
 and we worked with a really excellent, uh, design team that, that, that's able to produce

04:43:33.960 --> 04:43:38.600
 these types of renderings and really get, give a feel for how the community will, will

04:43:38.600 --> 04:43:43.680
 function. And I think with the, in the interior space, you can see in the courtyard between

04:43:43.680 --> 04:43:51.480
 the buildings where your, your imagination can really run wild. What, what, what would

04:43:51.480 --> 04:43:54.640
 happen in those areas, you know, where you could have kids out there playing, you've

04:43:54.640 --> 04:43:58.520
 got people utilizing the pool, volleyball courts, basketball courts. I think it's, it's

04:43:58.520 --> 04:44:02.040
 just a really neat community and a really nice space for, for everyone that would live

04:44:02.040 --> 04:44:10.280
 there. Uh, next slide. And then we're just pointing out the, the items and the, uh, amenities

04:44:10.280 --> 04:44:17.240
 in the area, utilizing the open space, utilizing, utilizing these existing trees and then, um,

04:44:17.240 --> 04:44:24.480
 creating those clusters of, of active open spaces. Next slide. And then again, like Ron

04:44:24.480 --> 04:44:29.760
 had, I think this is the, paints the biggest picture and, and, you know, without looking

04:44:29.760 --> 04:44:36.480
 at the data, without looking at, you know, 57% versus 60% of, of impervious area, I think

04:44:36.480 --> 04:44:40.400
 it, it's just clear that there's a superior product here. And then this is the slide and

04:44:40.400 --> 04:44:46.320
 this exact image is what really drove us to come back before you and, and make this request

04:44:46.320 --> 04:44:52.720
 so close from being approved last year. And we just believe it's, it's a far superior

04:44:52.720 --> 04:44:58.080
 product that, that you guys can get behind in support that the community can, can get

04:44:58.080 --> 04:45:05.040
 behind in support and that, and that we're really proud of. Um, so, uh, we can go to

04:45:05.040 --> 04:45:10.200
 the next slide and I think it's just questions. Yeah. So I, I, I'm here to answer any questions

04:45:10.200 --> 04:45:16.060
 you may have and, and, uh, we hope to move forward with, with your support.

04:45:16.060 --> 04:45:23.420
 Thank you, Mr. Filson for that, uh, presentation. Commissioner Smith. Actually, you know what?

04:45:23.420 --> 04:45:27.240
 You did answer, uh, the reason why you, uh, reason why you changed your, your mind. So

04:45:27.240 --> 04:45:33.440
 thank you very much, Mr. Filson. I appreciate it. Commissioner Cole. Mr. Filson, uh, could

04:45:33.440 --> 04:45:40.600
 you go back to that slide with a drainage, please, sir? That has the creek there and

04:45:40.600 --> 04:45:45.880
 all that. Yep. I know which one you're talking about. Give me a second here.

04:45:45.880 --> 04:45:56.460
 Yeah. Okay, right there, right there. Slide 14. Yes. So the last few years, we've had

04:45:56.460 --> 04:46:05.720
 very wet springs and summers. Yes, sir. Can it handle 10 inches of rain in a week? Can

04:46:05.720 --> 04:46:10.080
 it handle 10 inches of rain in a week? Yes, sir, it can. So that, that channel will actually

04:46:10.080 --> 04:46:18.480
 be designed to handle a 100-year storm. So a 1% chance in any given year that you will

04:46:18.480 --> 04:46:23.640
 have a rain event, which is, would likely be more than 10 inches in a week. It'd be

04:46:23.640 --> 04:46:28.800
 more concentrated than that. But, and one of the, and drainage has been one of the topics

04:46:28.800 --> 04:46:32.860
 that we've talked about with the, every one of the virtual meetings and the public meetings

04:46:32.860 --> 04:46:38.160
 that we've, we've met with the neighbors about, because it does stay pretty soupy out there.

04:46:38.160 --> 04:46:42.080
 And then on the other side of the road, they've got some areas where it ponds up and is, and

04:46:42.080 --> 04:46:47.040
 create some drainage problems in that area. And what I've explained to them is one, we've

04:46:47.040 --> 04:46:54.400
 done a flood study and we've remapped the FEMA floodplain map to, to be accurately aligned

04:46:54.400 --> 04:47:00.240
 with what, what's actually being done out there today with that channel. And then two,

04:47:00.240 --> 04:47:06.600
 the way this development will help improve that situation is where it takes a long time

04:47:06.600 --> 04:47:11.680
 for that water to run across an undeveloped site that's got low spots and, and it doesn't

04:47:11.680 --> 04:47:15.040
 drain real well. And it takes, it just takes a long time for that water to get moving it,

04:47:15.040 --> 04:47:19.880
 get to this channel, which ultimately all has to get there regardless. When we come

04:47:19.880 --> 04:47:24.200
 in and develop it, we'll have a, you know, a paved system and a pipe underground system

04:47:24.200 --> 04:47:30.280
 where the water gets collected and we'll discharge into this channel well before the peak of

04:47:30.280 --> 04:47:35.040
 the channel hits. So that before that channel has time to collect water from the entire

04:47:35.040 --> 04:47:40.440
 region in the basin and fill up with water, our water from our site and the rain event

04:47:40.440 --> 04:47:44.440
 has already gotten it, gotten into the channel and through the channel and is already downstream.

04:47:44.440 --> 04:47:50.840
 And so it'll alleviate that peak on peak factor is what, what we call it in the engineering

04:47:50.840 --> 04:47:58.600
 world to, to, you know, really reduce the amount of drainage issues. And so it, it does

04:47:58.600 --> 04:48:02.160
 two things. It gets that water out quicker, but it also keeps the water from just sitting

04:48:02.160 --> 04:48:06.840
 on a piece of property that doesn't drain well today. Well, I mean, the, the structure

04:48:06.840 --> 04:48:12.000
 on the right or the left, I don't worry about the structure on the right. I believe it's

04:48:12.000 --> 04:48:20.920
 from the flood. I mean, that house is real close, but I take your point and if they can

04:48:20.920 --> 04:48:27.200
 handle that, you know, I take your word for it. Well, and another thing to add to that,

04:48:27.200 --> 04:48:31.640
 the structure on the right, the house, it, it to, to get insurance on that house, you've

04:48:31.640 --> 04:48:37.760
 got to be two feet above the floodplain. And so it's that, that structure and, you know,

04:48:37.760 --> 04:48:42.720
 this is a graphic image and it's not, it's not showing as accurate, you know, 100% accurately.

04:48:42.720 --> 04:48:46.840
 It's not being surveyed in or anything like that. It's really just to show kind of what's,

04:48:46.840 --> 04:48:53.960
 what's happening here ideally, but just to be insured, it's two feet above the plane,

04:48:53.960 --> 04:48:59.560
 the 100 year floodplain line as mapped by FEMA. Thank you, Mr. Wilson. That satisfies, satisfies

04:48:59.560 --> 04:49:06.040
 my question. You bet. Any other questions for the, Chris, you're back. Thank you, Chair.

04:49:06.040 --> 04:49:09.840
 I actually, I'm going to commend the developer on this. I really do think that they've improved

04:49:09.840 --> 04:49:15.560
 things a lot. I mean, I, I think, you know, maybe there's some noodling you could do,

04:49:15.560 --> 04:49:21.760
 but compared to the previous SUP, I, I'm, I'm favorable. The, the one admonishment I would

04:49:21.760 --> 04:49:28.240
 make not to the developer is, but maybe staff is, is what I was alluding to earlier in work

04:49:28.240 --> 04:49:34.360
 session is we are just cramming, cramming, cramming things on Mingo. And, and you know,

04:49:34.360 --> 04:49:39.580
 all your presentations and staff, not just Ron, but every, every staff that addresses

04:49:39.580 --> 04:49:44.600
 properties on Mingo, we, we are not matching our mobility plan. It's, it's a bad, it's

04:49:44.600 --> 04:49:48.520
 going to be a bad scene. It's going to come before P and Z and it's going to be an issue

04:49:48.520 --> 04:49:57.480
 over and over and over for council. So I just admonish staff to, to do, do be, be really,

04:49:57.480 --> 04:50:01.240
 really careful with Mingo, but I, I do, I do commend the engineer. I think this is a

04:50:01.240 --> 04:50:09.640
 better plan. So I, I'm, I'm, I'm suitably inclined. Thank you.

04:50:09.640 --> 04:50:16.320
 Any questions for the applicant? Mr. Philson, thank you for being here in your presentation.

04:50:16.320 --> 04:50:21.320
 At this time, we're going to move on to public comment for this item. We had one person make

04:50:21.320 --> 04:50:26.760
 a comment using our online form. That person was against the project in this comment form

04:50:26.760 --> 04:50:32.040
 where it was emailed to the commissioners and to our city secretary to be recorded.

04:50:32.040 --> 04:50:37.360
 No one called in the number to register their position via like a voicemail message. And

04:50:37.360 --> 04:50:42.560
 there is no one wishing to speak on this item this evening. So with that, I will close the

04:50:42.560 --> 04:50:49.840
 public hearing. Commissioner Ellis. I move approval and I appreciate the thorough

04:50:49.840 --> 04:50:57.200
 presentations today. Thank you all. Commissioner Beck. I second. We have a first and a second

04:50:57.200 --> 04:51:06.120
 for approval. Were there any, there were conditions on that. Do we need to specify? Yes. Commissioner

04:51:06.120 --> 04:51:12.280
 Ellis, you're good with conditions. Absolutely. And I'll second those conditions. Yes. Or

04:51:12.280 --> 04:51:19.800
 have recommendations. Thanks for that clarification. Is there any discussion on this item? Seeing

04:51:19.800 --> 04:51:25.120
 none, I can definitely call for a vote via roll call. And before I do that, I'll just

04:51:25.120 --> 04:51:30.240
 say, well done. This is a great improvement to the original project. So thank you for

04:51:30.240 --> 04:51:35.680
 taking the time and the diligence to update and improve that site. I'm excited to see

04:51:35.680 --> 04:51:42.400
 construction start. The roll call begins with Commissioner Beck. Aye. Commissioner Ellis.

04:51:42.400 --> 04:51:51.160
 Aye. Commissioner Anderson. Aye. Commissioner Cole. Aye. Commissioner Pernetta. Aye. Commissioner

04:51:51.160 --> 04:51:58.320
 Smith. Aye. Chair is also an aye. Motion carries seven zero. Congratulations. That moves us

04:51:58.320 --> 04:52:03.920
 to our concluding item for this evening. That is the project matrix. I will turn over the

04:52:03.920 --> 04:52:14.840
 floor to Richard to begin and then open it to the commissioners to add or question. Just

04:52:14.840 --> 04:52:21.400
 a brief update. Wanted to bring up, I guess, the start time for next, our next meeting

04:52:21.400 --> 04:52:27.760
 on the 21st. We do have the gas well work session item that we're planning to bring

04:52:27.760 --> 04:52:34.400
 forward. In addition, I did speak to Gary Packin today. So they'll be presenting the

04:52:34.400 --> 04:52:42.840
 Parks Trails Master Plan at that same day. I think currently we have about, I think,

04:52:42.840 --> 04:52:47.120
 four public hearings on the agenda. Plats, I'm not sure how many we'll have. I don't

04:52:47.120 --> 04:52:52.160
 know that we'll have as many as we had tonight. But I'm sure there'll be a number of plats.

04:52:52.160 --> 04:52:57.320
 And so just wanted to, I don't know that we need an answer tonight, but to think about

04:52:57.320 --> 04:53:02.680
 another 3.30 or 4 o'clock start time, just given those two work sessions and some of

04:53:02.680 --> 04:53:10.520
 the other items. That's really all I had with respect to the update on the matrix. We have

04:53:10.520 --> 04:53:16.400
 not had any council items since our last meeting. We had sort of a little break there in between.

04:53:16.400 --> 04:53:22.320
 The only other thing I will mention, I know there were a number of questions, some very

04:53:22.320 --> 04:53:28.320
 detailed questions, that staff couldn't answer. And I just want to make sure that everyone

04:53:28.320 --> 04:53:34.880
 understands. We want to be a resource for you to make those decisions. Unfortunately,

04:53:34.880 --> 04:53:40.360
 we can't have every single person here. Just to give you an idea, from preliminary plat

04:53:40.360 --> 04:53:49.520
 through final plat through pre-con, there might be 15 to 20 different reviewers and

04:53:49.520 --> 04:53:54.820
 disciplines that look at that. So if there are very specific questions, understand things

04:53:54.820 --> 04:53:59.800
 come up at the meeting. But let us know ahead of time, we'll make sure that we can get you

04:53:59.800 --> 04:54:07.560
 those answers before the meeting. Or if need be, have that person here to answer those

04:54:07.560 --> 04:54:13.280
 questions. So just wanted to bring that up again. That's all I had.

04:54:13.280 --> 04:54:20.080
 >> Great. Thank you for the updates. Does anyone have anything, Commissioner Smith?

04:54:20.080 --> 04:54:25.040
 >> Thank you, Chair. Richard, just one thing on this. I've seen it a couple of times. The

04:54:25.040 --> 04:54:31.120
 first couple of times, it didn't really mind too much. But we started getting to applicant

04:54:31.120 --> 04:54:35.440
 presentations. And they're essentially another 15-minute presentation about what we've already

04:54:35.440 --> 04:54:42.200
 seen with staff. And then we see that presentation also in work session. And I don't really know

04:54:42.200 --> 04:54:47.320
 what the direction is more than anything else. I'm just saying that if there isn't substantive

04:54:47.320 --> 04:54:56.880
 additions to the overall project, they're being added by the applicant's presentation.

04:54:56.880 --> 04:55:02.040
 Maybe ask if city staff can maybe try to limit down some things that they have in there.

04:55:02.040 --> 04:55:09.560
 Of course, the elevation and the facade stuff and all those kinds of things, those are totally

04:55:09.560 --> 04:55:12.640
 things that are not usually in staff presentations that we'd love to see in some of the line

04:55:12.640 --> 04:55:17.640
 of sight things. Of course, they add it in there. But sometimes they just recap the history

04:55:17.640 --> 04:55:21.720
 that we've already gone over a couple of times. So for the sake of length of meetings, I think

04:55:21.720 --> 04:55:25.440
 it might be good. >> We'll certainly pass that on.

04:55:25.440 --> 04:55:28.840
 >> Good. Thanks. >> Christopher Beck.

04:55:28.840 --> 04:55:35.600
 >> I was going to ask a similar but not exactly the same question. And that is I find it really

04:55:35.600 --> 04:55:41.600
 helpful when we see multiple items that have small incremental changes. The staff always

04:55:41.600 --> 04:55:48.240
 puts up in the presentation this is the small incremental change. And sometimes we see that

04:55:48.240 --> 04:55:54.520
 in our backup and in our materials. And sometimes we don't. Sometimes it's just in the presentation.

04:55:54.520 --> 04:56:01.760
 And so it would be helpful if those could be included in some way once the materials

04:56:01.760 --> 04:56:06.680
 are made available to the commission, I would appreciate that. It would be helpful.

04:56:06.680 --> 04:56:16.280
 >> Okay. Certainly. >> Any other items for the matrix?

04:56:16.280 --> 04:56:20.400
 The only thing that I would say, Richard, this is probably embedded into the discussion

04:56:20.400 --> 04:56:29.840
 is the earlier advancement on scheduling DCRC, the better. So I can prioritize it on my calendar

04:56:29.840 --> 04:56:37.440
 and other commissioners as well. But I'm sure Ron and team is on top of that.

04:56:37.440 --> 04:56:41.480
 >> We've already had a number of emails going back and forth this evening.

04:56:41.480 --> 04:56:46.360
 >> Perfect. Well, seeing no other discussion items, thank you everyone. Thank you everyone

04:56:46.360 --> 04:56:51.480
 for a great meeting. I will close it at 919. >> God bless Eddie Van Halen.