WEBVTT

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 good afternoon welcome to the planning and zoning work session meeting for

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 Wednesday November 4th 2020 we do have a quorum so I'll call the meeting to order

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 at 403 just let the record show that we currently are absent the following

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 commissioners Commissioner Smith Commissioner Pernetta and Commissioner

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 Anderson as they join I will update the record for that and looking at the

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 agenda for today the first item is citizen comments on the consent agenda

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 we have none so we can go right into the work session reports we have one this

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 afternoon it's item 2a pz 20 - two five four receive a report and hold the

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 discussion and give staff input regarding the assessment and use of

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 parkland dedication and park development fees so with that I'll turn it over to

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 staff for presentation good afternoon everyone my name is Laura Barron's I

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 recently served as the assistant director for parks and recreation and am

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 now the grant administrator for the city but prior to moving over to my new

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 position Gary and I started an update of an ordinance for our park land

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 dedication and park development fees and I'd like to give you an update on that

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 progress

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 our park dedication known as 915 and our park development known as 916 funds

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 were originally adopted in 1998 under ordinance 98 - 0 3 9 park dedication is

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 the allocation of land for developments of parks and park development is the

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 allocation of funding for park improvements both of them provide

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 recreational areas as part of the planning and development process they

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 apply to new residential subdivisions only Laura we have a question from

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 Christian back and I bet I know what it is Christian back are we supposed to be

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 seeing something or is this an auditory presentation oh hang on just a second

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 that was what I thought he's gonna be asking share is what's not sharing my

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 do apologize we're not a great mind think alike they say here we go can you see that yeah

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 it's perfect sorry here we go the 915 916 funds park dedication and park

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 development apply to new residential subdivisions only they do impact

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 neighborhood parks directly benefiting residents of a development the intent is

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 to keep pace with growth and to also keep pace with the need that is created

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 by new developments and it conveys the cost to the user so rather than existing

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 citizens paying for the cost of new growth or increased use and a part that

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 is a result of a new development that is passed on to the new development and the

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 and the new users the current ordinance hasn't changed there have been no

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 updates since its adoption the land requirement currently has a factor of

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 2.9 acres per a population of a thousand it is based on the number of dwelling

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 units of a new development and it does have a factor of residents per dwelling

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 unit for single-family and multifamily the fee in lieu of requirement is based

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 on individual property so if for whatever reason a development is unable

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 to or does not want to provide land as part of their development they can pay a

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 fee in lieu of that land requirement and then on the 916 that fees currently

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 based on a cost of two hundred and eight thousand dollars to develop a five acre

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 park which we know is is very undervalued and it also sets a fee for

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 single-family and multifamily dwelling units both of them have a parameter of

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 use of a half a mile to a mile radius and that has presented some challenges

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 for us over the last 20 years it's been a long time and originally that was

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 based to meet a legal requirement that we'll review in just the next slide but

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 today what that's actually doing for us is it's it's creating some challenges on

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 the strategic planning side we're looking at where we have money rather

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 than where the need is that's that's the main issue and that's causing some also

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 some funding gaps within the city because not all development is the same

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 and it's not all happening in the same areas and then it's also causing some

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 administrative challenges in terms of tracking that money because we have to

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 use it within that parameter we have to know then at all times where that money

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 was given to us so that we'll know what that half mile to mile radius is for use

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 and over the years that can if a development changes its name or that

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 neighborhood changes names but it's under an original developer name or

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 project name we've had some difficulties in trying to go back search

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 the records and find out where exactly that the location where that money came

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 from so that we know that we're using it appropriately under the proposed

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 ordinance we update several factors first of all we update our demographics

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 and our development costs and to keep updated we also have a three-year review

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 process in the proposed ordinance so that we don't get behind on those things

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 in the future we also establish city zones rather than parameters that will

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 help with strategic planning and then also with those administrative challenges

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 that we have moving forward we also develop a level of service or we

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 establish a level of service and I'll go into that more in just a few slides it

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 does set fees rather than making it by individual development and this entire

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 process has been a collaboration between our department and dr. John Crompton

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 whose services we engaged he is with the Texas A&M University and is a recognized

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 expert in this particular subject we've also presented this information several

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 times to the developer group meetings those town hall meetings that are hosted

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 by our development services department and we have a smaller focus group that

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 we were meeting with on a monthly basis up until the spring that has about 11

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 representatives over eight different firms that work in the development field

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 that have gone through this process with us helped us establish a new methodology

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 and have also gone through the proposed ordinance in detail so one of the things

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 that we're having to look at are the legal basis for this particular fee

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 there are two Supreme Court rulings on part fees and that first one Nolan

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 versus California it established it's called a nexus principle which is where

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 we got that original proximity from it is it stated that the funds deposited

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 within a zone or a district however it was set up at that time had to be

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 expended within that zone or district it had to be located in proximity of the

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 new residential development in 1994 there was a second Supreme Court review

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 of this particular fee and they redefined that nexus principle into what

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 they called rough proportionality and it became a little bit more specific they

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 said we had to actually have a connection between the imposed requirement

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 or the imposed fee on the development that was placed on the development and

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 the park use projected as a result of that new development and that what that

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 for yes sir okay what that forced us to do was to take an individual approach to

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 establishing our fees and what that means is we can't solely base our fees

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 off of benchmarking we have to be able to show what on the ground what our

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 service level is and what that connection is between what we're saying

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 is an increased use in our park and how we use the imposed fees for that area

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 Christian back yeah thank you chair and and thank you I didn't mean to like

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 constantly Twitter and interrupt your I was waiting for you to get to a positive

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 point I apologize so I'm trying to understand this ruling does this mean

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 that it this this park has to be adjacent to the development or a part of

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 the development or I mean if this can't apply to any park that citizens of that

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 development would use no it no it does not say it doesn't get as specific as

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 saying the exact location like adjacent to it just says that we have to

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 establish a connection between the imposed requirement whether it's the

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 land requirement or the fee and the projected use so we can then establish

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 our own criteria in terms of proximities if we want to go again in that direction

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 or zones some people call them districts so they divide their city up and they

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 say within this area these residents are more likely to visit these parks or

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 impact and use the parks within this area and that's the connection that we

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 established and I can show you what we used to do that here shortly and real

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 quick before you get to that section because I saw part of the presentation

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 on zones it does the park have to be in the zone yes okay so if I'm in don't be

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 which I think I am if I remember your map and I go down to Wigley Field with

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 my dog that that park is not in my zone but I use that constantly well now I also

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 use the the new dog park in a but I'm using both of those all the time and yet

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 we are not allowed to address that usage and all of Denton uses the the various

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 large fields correct now that that's a great point and so what legally what we

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 are specifically prohibited in using this funds for a specialized parks so

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 something like a dog park would be a specialized park and we wouldn't be able

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 to use this particular funding source for specialized parks because not

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 everyone is a user of those specialized parks however we can use it for a city

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 park and we did actually establish a 10% factor that would go towards city parks

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 so whatever payment is made 10% of that will go towards city parks and we got to

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 that 10% because city parks actually make up 12% of our inventory but we just

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 wanted to use just kind of a rounded off number instead of saying 12% our

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 proposed city park contribution is 10% of whatever that total contribution is

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 and that could be used anywhere thanks for the clarification I appreciate

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 absolutely under the rough proportionality test it also assumes that

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 new residents will require the same level of service as existing residents so

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 anyone new coming in wants to have the same services that any existing resident

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 already has again legally we're prohibited from increasing the level of

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 service through a fee so we can't say what we'd really like to have is this

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 kind of park so we're gonna charge you for that type of park when that's not

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 the current level of service and then through this process we establish or

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 determine a level of service so what is that level of service you may recognize

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 or this may look a little familiar to you our proposed district or zone map it

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 is the modified road path roadway impact map and we modified it because we took

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 several factors into consideration and those factors included population within

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 each service area existing acres of Park in each service area the average price

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 per parcel in each service area and that's for residential parcels only

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 those are decad decad values that we used and we've also updated our cost to

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 develop a park if you'll recall the current ordinance is at $208,000 for a

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 five acre park so we took all of those factors plugged them into these zones

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 and we also took it a step further we identified the needs through our

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 strategic master plan that Gary and the park team continue to work on we've

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 identified needs within our community so we took those into consideration when we

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 looked at this map and modified it and then we've also worked very closely with

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 our development services group and identifying future growth so that we're

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 able to see where proposed developments are coming in and how that will impact

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 the zones in the future so when we look at these and we start to look at the

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 factors within each zone you'll see that they're a little uneven but they will

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 actually start to stabilize and equal out as developments do come in so this

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 is all of the factors put together for each zone and what that looks like let's

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 just take zone a for instance we've got a population just under 36,000 we have

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 117 acres of park currently in that zone we have just under 6,000 residential

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 parcels with a land value of right at four hundred and thirty seven million

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 dollars in zone a and if you look across you can see again some of those

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 populations go up and down obviously E this is our Robeson ranch area probably

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 has some of the lowest factors there in terms of population park acres

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 residential parcels everything is is lower in that but we also know that we

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 have a major development that's coming into E in our hunter and coal ranch

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 project so that is an area that will stable kind of stable out that'll even

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 out as we get that growth and similarly we took that same approach into the

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 other zones Laura this is Gary can you explain why there's only 117 acres in

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 section a that's not including the citywide parks correct so the park

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 acres that are shown on this map and that are included in our in our

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 calculations are just for those community and neighborhood parks so the

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 city parks are not in the in those numbers so North Lakes for instance is

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 not calculated into a North Lakes is right under four hundred acres sure back

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 did you have a question thank you chair Gary anticipated it there's there's

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 apparently two telepathic people in the meeting tonight so yes my question was

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 exactly we were being shown large city parks right and there was a it didn't

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 seem to jive with the columns to the left and they explained it so thank you

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 both great so in using these factors we determined a level of service based on

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 the number of dwelling units per park acre and that's the number that you see

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 within each zone so in zone a we have a hundred and eight dwelling units per

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 park acre when we look at land dedication that service level becomes our

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 new land requirement so a development coming in to zone a would have to

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 provide one acre of park property for every 108 dwelling units that are

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 proposed in their development if they wanted to pay the fee in lieu of based

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 on the average cost of parcels or I'm sorry average land value of those

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 parcels we get to a figure of 698 per dwelling unit in our fee in lieu of land

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 dedication and you can see how that carries out across the zones again

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 there's there's a pretty wide swing there in zone e we're up at a thousand

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 dollars per dwelling unit zone a you know we're looking at about 700 our

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 lowest is zone B at 372 hour I'm sorry three hundred and seventy two dollars for a dwelling unit

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 Chris you're back thank you chair and this I think you're telling me that that

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 these units are based on the cost of land in these zones is that correct so

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 that's the why there's a discrepancy that the fee in lieu is for e is because

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 that land is currently at a higher retail value it's going to be based on

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 the average land value per parcel and also the existing service level there so

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 those two factors are creating the swings okay thank you that's all pulled

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 from deep head so just kind of wanted to show you an example of what a

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 calculation would look like today if somebody came to us the development came

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 to us and this was actually sell one from a couple of years ago so this

00:19:55.280 --> 00:20:02.320
 information is probably two three years old but if they came to us today or when

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 they came to us at that time this was the proposed calculation for land

00:20:06.440 --> 00:20:11.520
 dedication based on a 300 unit development and then what that would

00:20:11.520 --> 00:20:17.280
 look like under the proposed ordinance so under the current ordinance we would

00:20:17.280 --> 00:20:21.720
 look at a land dedication of 2.1 acres at that time that development was

00:20:21.720 --> 00:20:27.800
 looking at three particular parcels the fee in lieu of based on again the

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 current ordinance was at ninety nine thousand dollars under the proposed

00:20:32.640 --> 00:20:36.920
 ordinance that development would fall in zone a so we have that average land

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 value per parcel we know what our service level is and today that would be

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 two point seven six acres in land dedication and a fee in lieu of two

00:20:47.840 --> 00:20:58.520
 hundred and nine thousand dollars so transitioning over to the development

00:20:58.520 --> 00:21:06.280
 fee piece of our ordinance and this is the 916 as I mentioned previously our

00:21:06.280 --> 00:21:10.560
 current calculation two hundred and eight thousand for a five acre park very very

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 low that would just barely cover the cost of a playground today we have a

00:21:17.680 --> 00:21:21.960
 flat fee of two hundred and ninety one dollars for single-family dwelling units

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 and a flat fee of a hundred and eighty seven dollars for multi multi-family

00:21:27.320 --> 00:21:31.760
 dwelling units this presents a challenge for us moving forward these were

00:21:31.760 --> 00:21:37.960
 actually based off some HUD factors of I believe the single-family dwelling unit

00:21:37.960 --> 00:21:43.520
 was two point eight people per dwelling unit and the multi-family dwelling unit

00:21:43.520 --> 00:21:48.640
 was that I want to say one point seven under the current ordinance Gary may

00:21:48.640 --> 00:21:55.520
 correct me on that one but we no longer have those factors we we now just have a

00:21:55.520 --> 00:22:02.120
 single-family residential factor under HUD so we've transitioned to that too

00:22:02.120 --> 00:22:08.560
 and you'll see that again in under our proposed calculation we've updated the

00:22:08.560 --> 00:22:14.920
 costs so now our neighborhood parks at four acres and this is based on some

00:22:14.920 --> 00:22:20.080
 recent developments that we've done and that four acre park cost us about one

00:22:20.080 --> 00:22:25.520
 point three million dollars to develop fully community park at twelve point five

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 acres is just under five million dollars and just to kind of put this in context

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 and because we are proposing a portion of that fee also go to city parks we

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 wanted to show you what the development of a 50 acre city park would cost and

00:22:39.640 --> 00:22:44.680
 that would be right at eight million dollars so just taking the neighborhood

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 and community park together that averages at about three hundred and fifty

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 five thousand dollars per acre for the development of those types of parks

00:22:56.360 --> 00:23:00.880
 previously we looked at distinguishing neighborhood parks and community parks

00:23:00.880 --> 00:23:05.520
 and at really all of our parks city parks by acres and and that's really

00:23:05.520 --> 00:23:10.960
 becoming difficult as well I will take Quaker Town Park is a great example

00:23:10.960 --> 00:23:17.560
 that's that is a city park used by everyone in the city it hosts one of our

00:23:17.560 --> 00:23:23.680
 biggest special events in our community and it's just over 30 acres and then you

00:23:23.680 --> 00:23:29.840
 take North Lakes which is right at 400 acres so our neighborhood parks

00:23:29.840 --> 00:23:35.200
 traditionally were defined at anywhere from five to twenty acres our community

00:23:35.200 --> 00:23:42.960
 parks or from 20 you know up to about 50 city parks 50 and up but now what we're

00:23:42.960 --> 00:23:48.480
 looking at more is amenities if you're been in any one of our parks you'll know

00:23:48.480 --> 00:23:53.360
 that the smaller neighborhood parks normally have a playground an open space

00:23:53.360 --> 00:23:59.680
 they'll have some trash cans benches they may have a pavilion most of them do

00:23:59.680 --> 00:24:03.720
 have a pavilion or shaded area our community parks have those same

00:24:03.720 --> 00:24:08.200
 amenities but you'll start to see some trails through those parks you'll also

00:24:08.200 --> 00:24:13.800
 start to see some bathroom facilities some additional shaded areas maybe an

00:24:13.800 --> 00:24:19.960
 expanded playground area and so forth and then our community our city parks

00:24:19.960 --> 00:24:30.640
 take it to the next level so when we're looking at our service levels again and

00:24:30.640 --> 00:24:38.840
 the cost to develop the park that gives us our fees across the zones again pretty

00:24:38.840 --> 00:24:44.800
 good swing here we recognize that in B we've got our lowest at just under

00:24:44.800 --> 00:24:51.320
 $3,000 and we've got our highest in D at just over $6,000 and this is per

00:24:51.320 --> 00:25:05.120
 dwelling unit another comparison on the development fee 300 dwelling unit

00:25:05.120 --> 00:25:12.240
 development proposed development with the flat fees of 291 and 187 at 300

00:25:12.240 --> 00:25:19.080
 dwelling units that would bring in about $87,000 for single-family $56,000 for a

00:25:19.080 --> 00:25:24.080
 multifamily development if we take our proposed fees and multiply them by that

00:25:24.080 --> 00:25:35.680
 300 dwelling unit development you can see the cost difference this model here

00:25:35.680 --> 00:25:42.480
 below just gives you an overall view of the zones the fee in lieu of park

00:25:42.480 --> 00:25:48.880
 dedication cost the development fee cost and if a developer wanted to come in and

00:25:48.880 --> 00:25:54.000
 say I want I want to do the fee in lieu of rather than donate or dedicate land

00:25:54.000 --> 00:26:01.040
 to you and they will already have the development fee what that total cost per

00:26:01.040 --> 00:26:06.680
 dwelling unit would look like for a developer as you can see this is a pretty

00:26:06.680 --> 00:26:15.080
 significant increase from our current ordinance a lot of it is driven by cost

00:26:15.080 --> 00:26:19.840
 again our current fee or I'm sorry a current ordinance and and that

00:26:19.840 --> 00:26:26.160
 methodology was developed over 20 years ago so we recognize that we've got a low

00:26:26.160 --> 00:26:33.960
 of $3,000 in zone B B and a high of 6,000 little over 6,000 in zone D

00:26:33.960 --> 00:26:42.000
 Commissioner Beck did you have a question yes thank you chair as time goes on to

00:26:42.000 --> 00:26:48.280
 avoid this update problem that you're trying to get around are we revising do

00:26:48.280 --> 00:26:54.720
 we have a are you proposing a revision that is continuous as land fees change

00:26:54.720 --> 00:27:01.440
 or this is a one-time fee structure change no we actually are proposing a

00:27:01.440 --> 00:27:05.640
 three-year review in the ordinance that's included in the ordinance that it

00:27:05.640 --> 00:27:11.360
 would be reviewed every three years so updating all the demographic information

00:27:11.360 --> 00:27:20.080
 up or down to that will then reestablish our level of service thank you so

00:27:20.080 --> 00:27:24.480
 obviously these these fees are a little sticker shock again we recognize that we

00:27:24.480 --> 00:27:28.720
 acknowledge that in talking with the developers we had some very good

00:27:28.720 --> 00:27:37.920
 conversations about this increase and what I want to make clear is that under

00:27:37.920 --> 00:27:45.400
 the legal requirements that we have we have to establish a level of service

00:27:45.400 --> 00:27:53.440
 that's the baseline what we do from here with that baseline is up to us as long

00:27:53.440 --> 00:27:58.960
 as I can go back and say this is my level of service based on what I have

00:27:58.960 --> 00:28:05.760
 here in my community which gives us that direct connection it's not based off of

00:28:05.760 --> 00:28:12.520
 a benchmarking here's an average of 12 comparator cities type model but here's

00:28:12.520 --> 00:28:16.160
 here's what's on the ground here in Denton here's our level of service

00:28:16.160 --> 00:28:22.600
 here's the cost using that as our foundation our springboard we can do a

00:28:22.600 --> 00:28:28.320
 couple of different things and that's what we've been very happy to work with

00:28:28.320 --> 00:28:33.520
 the developers on brand on formulating some options for us moving forward and

00:28:33.520 --> 00:28:39.160
 share those with you here just to follow up Commissioner Beck's question the the

00:28:39.160 --> 00:28:45.800
 fee can go up or down if we purchase or get a large parcel of land let's just

00:28:45.800 --> 00:28:51.000
 say for instance a thousand acres is donated in zone a that's going to change

00:28:51.000 --> 00:28:54.160
 our level of service because that's going to be part of the calculation so

00:28:54.160 --> 00:29:00.000
 that fee might actually go down from a land perspective so it could go up or

00:29:00.000 --> 00:29:04.800
 down based on future land acquisitions and then obviously if value of land goes

00:29:04.800 --> 00:29:09.680
 up every three years that that'll increase it as well

00:29:09.680 --> 00:29:15.080
 Christopher Beck thank you following up on that does that these large land

00:29:15.080 --> 00:29:22.040
 acquisitions are typically for our large city parks that are not directly rolled

00:29:22.040 --> 00:29:28.440
 into these calculations though right so that you would have to purchase smaller

00:29:28.440 --> 00:29:32.400
 plots is that correct or am i misunderstanding yeah that's correct back

00:29:32.400 --> 00:29:37.560
 I guess I use a bad example if it was 20 acres let's say we bought ten eight ten

00:29:37.560 --> 00:29:43.720
 plots of 20 acres that would impact oh okay I'm sorry good good question but

00:29:43.720 --> 00:29:49.600
 also to the one thing that we do include in our numbers are undeveloped part lands

00:29:49.600 --> 00:29:55.200
 or green space because that does benefit the entire community so pebblebrook park

00:29:55.200 --> 00:30:01.200
 is a great example of that it's a small park it's undeveloped we don't have any

00:30:01.200 --> 00:30:07.920
 plans to ever develop it beyond a trail system within that part so it's more

00:30:07.920 --> 00:30:12.120
 than likely at this point in time there are no plans to you know install a

00:30:12.120 --> 00:30:17.480
 playground pavilions and use it in that sense but it is part of our master plan

00:30:17.480 --> 00:30:22.120
 in trail connection so there it because it does continue to benefit the entire

00:30:22.120 --> 00:30:28.360
 community those smaller undeveloped parcels are included in the number of

00:30:28.360 --> 00:30:35.280
 park acres per zone so if a property released floodplain to the city and we

00:30:35.280 --> 00:30:40.800
 put a trail in it that is the kind of thing you're talking about correct okay

00:30:40.800 --> 00:30:50.320
 thank you okay so one of the what we actually as a group came up with some

00:30:50.320 --> 00:30:55.560
 some pretty creative options and and I'll and I'll give the development the

00:30:55.560 --> 00:31:00.800
 focus group really full credit on that we began to kind of throw some numbers

00:31:00.800 --> 00:31:07.320
 around and look at this one of them at one of the major concerns was that huge

00:31:07.320 --> 00:31:12.080
 swing you know there was some concern even though they understood the

00:31:12.080 --> 00:31:17.160
 methodology and we worked through that we worked through D CAD values we worked

00:31:17.160 --> 00:31:24.360
 through development costs and and came to take came to an understanding on on

00:31:24.360 --> 00:31:28.720
 all those different factors that are being used there's still heartburn on

00:31:28.720 --> 00:31:35.920
 the swings within the zones so we were looking at ways that we could stabilize

00:31:35.920 --> 00:31:41.320
 those even more even though we know in the future those are going to even out

00:31:41.320 --> 00:31:47.400
 as development comes in and we have modified the map in a way that we feel

00:31:47.400 --> 00:31:52.560
 takes into consideration some of the more denser areas where there could be

00:31:52.560 --> 00:31:59.160
 you know very little future residential development but also have the potential

00:31:59.160 --> 00:32:03.680
 for some outliers in in larger developments zone B is another great

00:32:03.680 --> 00:32:09.200
 example of a large residential development coming in and filling that

00:32:09.200 --> 00:32:15.160
 area out but we wanted to kind of parcel out the middle right the core of the

00:32:15.160 --> 00:32:19.920
 city that's very dense and and yes you'll continue to get some development

00:32:19.920 --> 00:32:25.040
 primarily multifamily residential in there but you're not going to see the

00:32:25.040 --> 00:32:33.760
 major development plan development projects there the other thing that could

00:32:33.760 --> 00:32:42.320
 be a challenge was a we have a pretty heavy area of industrial use there so we

00:32:42.320 --> 00:32:46.640
 know that there's not ever going to be any residential area coming in you know

00:32:46.640 --> 00:32:52.720
 to that portion of the city around airport Road and so we had to kind of

00:32:52.720 --> 00:32:58.800
 split that up as well but we still landed with some swings again even though

00:32:58.800 --> 00:33:04.880
 even though in the future that will even out so one of the one of the options

00:33:04.880 --> 00:33:10.400
 that we developed in our focus group in our smaller focus group is on the park

00:33:10.400 --> 00:33:17.680
 dedication side if you can see the proposed fees this is our baseline okay

00:33:17.680 --> 00:33:21.120
 this is based on our current level of service and all of that demographic

00:33:21.120 --> 00:33:26.960
 information that we pulled for each zone and what we did is we averaged it so

00:33:26.960 --> 00:33:32.040
 assuming that the proposed is at a hundred percent cost recovery and we

00:33:32.040 --> 00:33:38.000
 average that which really helped even out those swings now we were from a

00:33:38.000 --> 00:33:46.320
 $700 swing here to about a $300 swing here between 628 and zone D and our

00:33:46.320 --> 00:33:54.640
 smallest at 306 in zone B and then this is what our cost recovery looks like okay

00:33:54.640 --> 00:34:06.880
 in terms of park dedication if we average looking at part sorry I was on

00:34:06.880 --> 00:34:14.200
 mute Krishna back thank you chair yeah thank you for waiting so I I get that

00:34:14.200 --> 00:34:19.600
 you're averaging to sort of reduce the spread of the fee structure but wasn't

00:34:19.600 --> 00:34:26.640
 the original problem that we had to have parks in those regions dedicated to those

00:34:26.640 --> 00:34:35.840
 regions so how I mean you're is this a robbing Peter to pay Paul kind of thing

00:34:35.840 --> 00:34:42.440
 yeah well one of the original so part of the original issue was was really the

00:34:42.440 --> 00:34:47.160
 parameters when you were talking about the location and I think that's where

00:34:47.160 --> 00:34:53.600
 you're going in terms of you know not being able to buy in certain areas but

00:34:53.600 --> 00:34:58.920
 that that was primarily driven by the parameter restriction that we had having

00:34:58.920 --> 00:35:03.000
 to do it within a half mile to a mile radius from the development that made

00:35:03.000 --> 00:35:10.920
 that contribution or paid that fee I understand that but the we want parks

00:35:10.920 --> 00:35:16.480
 within a a 10-minute walk a half mile absolutely and we would prefer that they

00:35:16.480 --> 00:35:22.600
 not pay the park fee we would prefer to have the park to therefore to match the

00:35:22.600 --> 00:35:31.520
 original intent of the ordinance and so if we if we're averaging these out we

00:35:31.520 --> 00:35:38.360
 are saying that zone B and a are going to I mean I guess all the numbers went

00:35:38.360 --> 00:35:44.120
 down but I'm not sure help me understand how we're we're not making one region of

00:35:44.120 --> 00:35:47.600
 the city pay for another when that's specifically what we weren't allowed to

00:35:47.600 --> 00:35:52.560
 do I guess I don't understand okay I'm actually all for lumping it together but

00:35:52.560 --> 00:35:57.480
 that is apparently not what we're allowed to do right so I mean yeah a

00:35:57.480 --> 00:36:01.760
 great question and things that we've kind of vetted out but to your point in

00:36:01.760 --> 00:36:06.080
 terms of of land a couple of different things that we look at and that we

00:36:06.080 --> 00:36:12.600
 actually work through every day in in the ordinance aside from the actual

00:36:12.600 --> 00:36:19.040
 proposed fees we're proposing that we have more flexibility in working with

00:36:19.040 --> 00:36:25.680
 the developers in having developer agreements for specific needs or

00:36:25.680 --> 00:36:30.280
 targeting specific needs I think Hunter Cole ranch is a great example and Gary

00:36:30.280 --> 00:36:35.400
 can certainly talk to this but we had some very specific needs in that area of

00:36:35.400 --> 00:36:41.160
 town not only or that zone so to speak but also for that new development coming

00:36:41.160 --> 00:36:50.040
 in and if they had strictly gone by the current ordinance it wouldn't have it

00:36:50.040 --> 00:36:55.560
 would have been kind of a lose-lose for everyone would have been a deficit on on

00:36:55.560 --> 00:37:01.680
 the zone side in terms of the other community residents within that area and

00:37:01.680 --> 00:37:06.280
 it would have definitely been a deficit for the new residents coming in because

00:37:06.280 --> 00:37:10.800
 the requirements would have been so low it would not have met the need or the

00:37:10.800 --> 00:37:16.080
 impact that would have been created by the number of new users coming in with

00:37:16.080 --> 00:37:22.720
 that development so understanding what you're saying you're saying that the

00:37:22.720 --> 00:37:27.880
 the number of parks would diminish because of the cost of the land and

00:37:27.880 --> 00:37:34.120
 therefore we wouldn't be servicing the density of people serviced per park

00:37:34.120 --> 00:37:40.960
 would be higher I mean you know you would have less park per person is that

00:37:40.960 --> 00:37:46.880
 what you're saying yes it definitely could yes drive that drive that number

00:37:46.880 --> 00:37:54.220
 the other thing though too is that depending on the development there there

00:37:54.220 --> 00:38:01.800
 may be the land that is being proposed as park dedication may not be useful to

00:38:01.800 --> 00:38:07.320
 us for a lot of different reasons we do have some criteria in there in the

00:38:07.320 --> 00:38:14.920
 proposed ordinance for restrictions and they're based on percentages for flood

00:38:14.920 --> 00:38:19.720
 planes and ESA so that they're not double counted you know if you try to

00:38:19.720 --> 00:38:25.480
 give us something that would have to be protected already under another

00:38:25.480 --> 00:38:29.560
 requirement within within the development code so we're trying to

00:38:29.560 --> 00:38:35.920
 eliminate those types of of issues as well so we really want to have that

00:38:35.920 --> 00:38:41.600
 ability to work one-on-one with the developer to say you know what what kind

00:38:41.600 --> 00:38:45.160
 what land are they proposing to develop or I'm sorry to dedicate in this

00:38:45.160 --> 00:38:50.680
 particular case but to dedicate then how does that fit into our master plan is it

00:38:50.680 --> 00:38:56.200
 usable land is it in a good location only a certain percentage of it can be

00:38:56.200 --> 00:39:00.880
 flood plain and that's okay in some instances in some instances we may have

00:39:00.880 --> 00:39:07.000
 some great fully developed parks already there that would meet the needs of the

00:39:07.000 --> 00:39:12.760
 residents coming in but we need some green space and so there's some value in

00:39:12.760 --> 00:39:19.800
 going ahead and taking some of that land for the green space so that that there

00:39:19.800 --> 00:39:24.880
 are just really a lot of factors under this proposal it gives us more

00:39:24.880 --> 00:39:31.040
 flexibility to work not only to meet our our needs and our strategic plan goals

00:39:31.040 --> 00:39:35.960
 but also to work with the developer in the type of land that they would

00:39:35.960 --> 00:39:44.480
 dedicate to us or in this case pay into you know a fund that would allow us to

00:39:44.480 --> 00:39:51.160
 buy land in the future within that zone what this does do by averaging though

00:39:51.160 --> 00:39:56.960
 obviously is is it brings in less money and in that could be you know it could

00:39:56.960 --> 00:40:02.080
 have no impact depending on where appraised values are falling you know at

00:40:02.080 --> 00:40:09.600
 any given time or it could reduce our ability to buy land and that's why we

00:40:09.600 --> 00:40:13.880
 wanted to include that cost recovery number just to just show you assuming

00:40:13.880 --> 00:40:18.040
 that the proposed is at a hundred percent because it's based off current

00:40:18.040 --> 00:40:23.640
 land values or an average of current land values bringing that down what would it

00:40:23.640 --> 00:40:29.680
 look like and so rather than being able to buy a five acre plot of land maybe we

00:40:29.680 --> 00:40:34.280
 can only do three to half or you know or lower because we've reduced what they're

00:40:34.280 --> 00:40:44.440
 paying in I hope does that help parts of it are clear I think I'm well anyway I

00:40:44.440 --> 00:40:50.080
 like let's let you continue proposal and maybe it'll it'll gel in my brain on the

00:40:50.080 --> 00:40:56.280
 park development side we actually through the process again understanding

00:40:56.280 --> 00:40:59.640
 that we can't benchmark we still did want to look at other communities to see

00:40:59.640 --> 00:41:06.320
 how they establish their their fees again knowing that each one has to be

00:41:06.320 --> 00:41:11.280
 individual and unique one of the things that we found with the city of Fort Worth

00:41:11.280 --> 00:41:19.000
 is that they were implementing their fee their new fee structure and they were

00:41:19.000 --> 00:41:25.080
 starting at 60% so it was a phased-in approach that's one of the that one of

00:41:25.080 --> 00:41:31.080
 the methodologies that we worked out here but another proposed we did the

00:41:31.080 --> 00:41:36.280
 same thing we that's why you see this 60% if we took the proposed fee and did a

00:41:36.280 --> 00:41:42.480
 phased-in approach starting at 60% again this could be 10 20 30 it could be

00:41:42.480 --> 00:41:48.040
 anything that that we decided it to be in it would be ultimately approved and

00:41:48.040 --> 00:41:53.440
 adopted but we started at 60 this really worked out well with that three-year

00:41:53.440 --> 00:41:59.800
 review if we started at 60% second year would be at 70 third year would be a

00:41:59.800 --> 00:42:07.480
 review year at 80 percent we reset our level of service at 80 percent fourth

00:42:07.480 --> 00:42:12.840
 year would be at 90 fifth year would be at a hundred percent and then that six

00:42:12.840 --> 00:42:17.080
 year we would look at that 100% and reset again because it's going to be a

00:42:17.080 --> 00:42:27.480
 review year we took an average approach as well we looked at what the an average

00:42:27.480 --> 00:42:32.440
 of the proposed fee would be and we did cost recovery again assuming that the

00:42:32.440 --> 00:42:36.520
 proposed fee is at a hundred percent and if we took sixty percent well that's

00:42:36.520 --> 00:42:43.080
 that's cost recovery is sixty percent but if we averaged here's what the cost

00:42:43.080 --> 00:42:48.520
 recovery would look like you can see in in three out of our five zones we

00:42:48.520 --> 00:42:53.000
 actually have over a hundred percent cost recovery and the reason for that is

00:42:53.000 --> 00:42:58.920
 because an average actually pushed these numbers above what the proposed fee is

00:42:58.920 --> 00:43:04.360
 okay that's what the cost recovery looks like there then we took the average fee

00:43:04.360 --> 00:43:16.920
 and we did it at a sixty percent implementation so we took that we took

00:43:16.920 --> 00:43:24.600
 the average and averaged it if that makes sense and we did it at a sixty

00:43:24.600 --> 00:43:30.920
 percent phased-in approach this is what our new fee would be and what the cost

00:43:30.920 --> 00:43:39.960
 recovery is what this does helps in a couple of different ways number one

00:43:39.960 --> 00:43:49.640
 flattens that that range again kind of condenses that range so that we don't

00:43:49.640 --> 00:43:54.840
 have the huge swings of you know five thousand dollars here to two thousand

00:43:54.840 --> 00:44:00.040
 dollars and B you start to see that even out a little bit but on the strict

00:44:00.040 --> 00:44:07.400
 averaging it goes up for everyone so probably not the most favorable

00:44:07.400 --> 00:44:15.400
 methodology to use when we average at sixty percent brings down it actually

00:44:15.400 --> 00:44:22.040
 creates a flat fee so we have zero swing it's a flat fee no matter where you

00:44:22.040 --> 00:44:27.480
 build park development is coming in at two thousand ninety dollars and then

00:44:27.480 --> 00:44:32.840
 here's what the cost recovery is based on the current cost of development part

00:44:32.840 --> 00:44:40.040
 you can see how that compares right now to our current single-family flat fee at

00:44:40.040 --> 00:44:47.720
 291 and the multifamily fat fee at 187 and you can see those cost recoveries so

00:44:47.720 --> 00:44:54.800
 even if we average and we take it at sixty percent our cost recovery still

00:44:54.800 --> 00:45:08.520
 goes up significantly across all zones commissioner Beck and so then presumably

00:45:08.520 --> 00:45:16.360
 the remaining 40% would be bond revenues or something else yes it could be CIP it

00:45:16.360 --> 00:45:25.520
 could be geo bonds yeah voter approved bonds I'm sorry a different funding

00:45:25.520 --> 00:45:32.840
 mechanism yes yes yeah it can be internal CIP co bonds and I can also be

00:45:32.840 --> 00:45:37.800
 yes voter approved geo bonds it could also be other developments within that

00:45:37.800 --> 00:45:43.960
 zone - that are matched up to help build that park correct because now we've

00:45:43.960 --> 00:45:50.620
 expanded to a zone rather than a radius okay and to be clear Laura the cost

00:45:50.620 --> 00:45:55.640
 recovery is independent of the state law for level of service they don't look at

00:45:55.640 --> 00:46:01.360
 city's cost of recovery as it pertains to level of service okay no the cost

00:46:01.360 --> 00:46:08.520
 recovery is to basically pay for the entire park and the land at one time

00:46:09.880 --> 00:46:14.700
 those are just some also just some some of the things that we wanted to look at

00:46:14.700 --> 00:46:23.560
 internally to see what the impact would be in terms of our ability to use those

00:46:23.560 --> 00:46:27.360
 funds and to actually develop what the impact would be you know taking that

00:46:27.360 --> 00:46:39.000
 money in what could we really do with it at these different levels is this a one

00:46:39.000 --> 00:46:44.080
 time fee from a developer in lieu of the dedication and then a one-time fee

00:46:44.080 --> 00:46:48.760
 assumed by the city it seems like I'm not sure how parks actually build out

00:46:48.760 --> 00:46:55.760
 but if a park build out is over three years you're you're taking in the funds

00:46:55.760 --> 00:47:02.360
 upfront from a developer and then yes do they just stay in a fund until build out

00:47:02.360 --> 00:47:08.060
 yes sir yeah that's a great question they do we have in the and that's why

00:47:08.060 --> 00:47:12.320
 we call them the 916 and 915 916 funds because that's actually the account

00:47:12.320 --> 00:47:19.120
 number for those for those fees but they yeah they they are deposited into those

00:47:19.120 --> 00:47:26.960
 funds and then we use them over time the current ordinance requires us to expend

00:47:26.960 --> 00:47:33.360
 the funds within 10 years of that development and then at year 10 if that

00:47:33.360 --> 00:47:39.360
 money from that development hasn't been used the developer has one year exactly

00:47:39.360 --> 00:47:47.000
 one year to come in and request a refund of that money if that one year time

00:47:47.000 --> 00:47:52.800
 frame you know expires and they they didn't ask for a refund if we still have

00:47:52.800 --> 00:47:59.800
 that money then then the city keeps that money with any any additional you know

00:47:59.800 --> 00:48:04.800
 claim on that funding is expires in the current ordinance we're opposed we're

00:48:04.800 --> 00:48:10.640
 proposing to reduce that down to seven years and we feel like that makes us a

00:48:10.640 --> 00:48:13.960
 little bit more accountable that we're you know we're asking these developers

00:48:13.960 --> 00:48:20.320
 to pay into these funds and we're saying we're gonna use this money to you know

00:48:20.320 --> 00:48:26.360
 enhance improve expand our parks for your new users for your your new

00:48:26.360 --> 00:48:30.120
 residents that are coming in so we want to hold ourselves accountable to that

00:48:30.120 --> 00:48:36.240
 and we feel that that still gives us the time that we need to to use it for those

00:48:36.240 --> 00:48:41.040
 under those project timelines like you just mentioned and you mentioned other

00:48:41.040 --> 00:48:47.680
 funding mechanisms is there any way to use the ever growing tree fund towards

00:48:47.680 --> 00:48:54.360
 park procurement or development yes and Gary can definitely talk to that yeah we

00:48:54.360 --> 00:48:58.240
 we can use it to actually for for planting trees we cannot use the plant

00:48:58.240 --> 00:49:03.520
 trees that are required it's part of the code but we can use it to purchase land

00:49:03.520 --> 00:49:08.640
 to preserve trees so that is that's one mechanism that we can use to match up

00:49:08.640 --> 00:49:14.400
 against land acquisition okay but we can't use it we cannot use it to put a

00:49:14.400 --> 00:49:20.600
 playground in for example I understood mr. Beck thank you chair so and then

00:49:20.600 --> 00:49:24.440
 maintenance fees are a completely separate line item is that correct right

00:49:24.440 --> 00:49:29.880
 we're prohibited from using this type of funding mechanism on maintenance on O&M

00:49:29.880 --> 00:49:33.440
 operations and maintenance and and if we were to do something like Gary

00:49:33.440 --> 00:49:41.920
 suggested which is by the large bit of land and we're we're able to is the

00:49:41.920 --> 00:49:48.680
 developer able to offset their trees if we're buying land for our parks or

00:49:48.680 --> 00:49:57.400
 their this is this is solely their their park fee going to that or I mean you see

00:49:57.400 --> 00:50:02.440
 where I'm saying like if they're if they're purchasing if they're able to

00:50:02.440 --> 00:50:12.840
 use both land park fee and tree canopy DBH fees are those both going into to

00:50:12.840 --> 00:50:16.560
 this hypothetical let's say that Eastside Park that we're putting in or

00:50:16.560 --> 00:50:23.720
 something similar are they double dipping is my question I don't know if

00:50:23.720 --> 00:50:32.240
 Richard maybe on that I'm not as familiar with the with the tree fund

00:50:32.240 --> 00:50:38.800
 piece of that on on the tree canopy requirements I guess if you can repeat

00:50:38.800 --> 00:50:45.240
 the crowd just want to make sure I understand it my question is if they are

00:50:45.240 --> 00:50:51.300
 paying the the land use dedication fee and we're using it to buy green space of

00:50:51.300 --> 00:50:57.640
 various sorts parks and open areas are they also getting credit for the trees

00:50:57.640 --> 00:51:01.680
 in the land that the city bought since the city had to buy that that feels

00:51:01.680 --> 00:51:08.520
 like that would be excessive or are they getting credit I can help answer that

00:51:08.520 --> 00:51:13.240
 this is Drew hoping on the assistant director of a parks and or parks and

00:51:13.240 --> 00:51:19.160
 rec and over operations and management so in planning excuse me so to give you

00:51:19.160 --> 00:51:23.520
 an example we just had that scenario come in with a development they are

00:51:23.520 --> 00:51:30.580
 donating 32 34 acres to us the amount of land they're donating to us does not

00:51:30.580 --> 00:51:36.960
 count towards your tree preservation okay so it's totally separate because

00:51:36.960 --> 00:51:42.320
 whenever the final plaque goes if a developer donates the land to us when

00:51:42.320 --> 00:51:48.400
 the final plaque goes to development review that land is shown as ours and

00:51:48.400 --> 00:51:53.240
 they cannot count the tree preservation on our land on Park City land yeah that

00:51:53.240 --> 00:51:57.320
 was my exact question thank you for clarifying yes sir yes sir so we just

00:51:57.320 --> 00:52:02.560
 had that scenario and they when we took the council we made sure and the

00:52:02.560 --> 00:52:07.120
 developer made sure that the trees that they were preserving were not on the

00:52:07.120 --> 00:52:11.680
 part of the land that they are donating to the city okay thank you so that way

00:52:11.680 --> 00:52:15.340
 they're not double-dipping yes sir but if they would have not dedicated that

00:52:15.340 --> 00:52:20.400
 land they could have used those trees for preservation they will most of the

00:52:20.400 --> 00:52:24.720
 land they donated was in the floodplain and in an easter area so I don't believe

00:52:24.720 --> 00:52:28.160
 that would count it either because they'd be double dipping as floodplain

00:52:28.160 --> 00:52:33.840
 and ESA so the property that they're actually developing on is where they

00:52:33.840 --> 00:52:43.040
 have to dedicate the trees on when we can get clarification to that yeah okay

00:52:43.040 --> 00:52:45.640
 thank you that's correct you couldn't use the ease of the count towards your

00:52:45.640 --> 00:52:50.080
 tree preservation and and if they were just to pay into the fund again that's

00:52:50.080 --> 00:52:54.680
 just an option for mitigation as opposed to planting or some other some of the

00:52:54.680 --> 00:53:00.720
 other options in the code and again we did try to you know we do this entire

00:53:00.720 --> 00:53:05.840
 process we we actually went through a conflict resolution with some of the

00:53:05.840 --> 00:53:11.680
 development services staff and then of course our developers help us you know

00:53:11.680 --> 00:53:17.160
 bring up some of these scenarios as well but will we try to as much as possible

00:53:17.160 --> 00:53:24.680
 make sure that we you know we were able to resolve any conflicts between not

00:53:24.680 --> 00:53:30.680
 only this proposal but also other development requirements but also work

00:53:30.680 --> 00:53:37.800
 out what those kind of double credit scenarios might look like and and again

00:53:37.800 --> 00:53:43.200
 there there could be some instances where there would be benefit on both ends

00:53:43.200 --> 00:53:48.320
 it could be a win-win and what we've written into the ordinance is giving us

00:53:48.320 --> 00:53:55.560
 the flexibility to make those kinds of of adjustments through a separate

00:53:55.560 --> 00:54:01.520
 development agreement so it would have to be a formal contract a formal

00:54:01.520 --> 00:54:06.560
 agreement between the city you know specifically the parks department and

00:54:06.560 --> 00:54:11.760
 the the developer if we were going to work outside of the parameters that are

00:54:11.760 --> 00:54:17.720
 in the in the ordinance itself so I wanted to just before it I think my last

00:54:17.720 --> 00:54:23.640
 slide is kind of a wrap-up but I wanted to let you know that this average on the

00:54:23.640 --> 00:54:31.280
 park dedication and the average at 60% is kind of the sweet spot for for our

00:54:31.280 --> 00:54:36.360
 development group it's still a pretty significant increase from what they're

00:54:36.360 --> 00:54:46.280
 paying today but that would that would be about right at you know $2,500 for

00:54:46.280 --> 00:54:52.080
 each zone and it would be it would create a flat fee which is also kind of

00:54:52.080 --> 00:54:58.200
 another incentive something that they liked rather than again the big swings

00:54:58.200 --> 00:55:04.480
 between the between the different zones over time again that would that would

00:55:04.480 --> 00:55:13.400
 even out but this park dedication average and average at 60% seem to seem

00:55:13.400 --> 00:55:19.080
 to be what I would say I don't want to say that there I don't want to speak for

00:55:19.080 --> 00:55:22.880
 them and saying that are comfortable with that but that seemed to be the number

00:55:22.880 --> 00:55:29.360
 that we felt moving forward Laura has there been any studies on the other

00:55:29.360 --> 00:55:34.440
 entities that you looked at on the impact of development incentives by

00:55:34.440 --> 00:55:40.800
 having a flat fee over a structured fee in terms of the projects and the type of

00:55:40.800 --> 00:55:47.960
 projects that come to the area know that we did look at several of other cities

00:55:47.960 --> 00:55:57.560
 and they were more in line with flat fees how they reached their number I don't

00:55:57.560 --> 00:56:00.680
 know again everybody has to take an individual approach they could be

00:56:00.680 --> 00:56:05.360
 averaging I mentioned city of Fort Worth they were doing an implementation phase

00:56:05.360 --> 00:56:13.080
 in but an actual study on what those costs were you know and how they would

00:56:13.080 --> 00:56:18.320
 impact development coming in no we haven't done that but I can I feel

00:56:18.320 --> 00:56:23.600
 confident that in saying that for our local developers with a focus group that

00:56:23.600 --> 00:56:31.760
 we brought together to help us with this update it definitely was a challenge for

00:56:31.760 --> 00:56:36.800
 them it was an issue for them to see these kinds of swings in each zone well

00:56:36.800 --> 00:56:39.320
 yeah I would I would certainly understand that they don't want to pay

00:56:39.320 --> 00:56:43.480
 that much yeah and I don't know that it was so much I mean I'm not gonna say

00:56:43.480 --> 00:56:51.000
 that I mean obviously the the increases it is a significant we understand that

00:56:51.000 --> 00:56:59.240
 but I think that it was the the gap to the range the range itself to added an

00:56:59.240 --> 00:57:07.480
 additional issue or this is Gary pack and I think it was fair to say that the

00:57:07.480 --> 00:57:16.040
 development group was was supportive of the the average for the park dedication

00:57:16.040 --> 00:57:20.200
 and the average at sixty percent and the methodology to get to a hundred percent

00:57:20.200 --> 00:57:27.760
 over six years so I think that they were definitely supportive in that realm I

00:57:27.760 --> 00:57:33.360
 think there was concern initially at the full rate at the first year that was a

00:57:33.360 --> 00:57:40.120
 little bit of a sharp curve for that especially since we hadn't updated that

00:57:40.120 --> 00:57:46.280
 for 20 years 22 years that this was a good methodology to get to that kind of

00:57:46.280 --> 00:57:51.240
 full full cost recovery of what it's going to take to build a park at X

00:57:51.240 --> 00:57:55.480
 number acres of land value in that zone

00:58:00.080 --> 00:58:08.160
 and just kind of bringing us full circle full cost recovery is assumed at the at

00:58:08.160 --> 00:58:14.120
 those proposed level of service rates that were outlined if we took a

00:58:14.120 --> 00:58:19.320
 methodology of averaging and averaging factors such as population land values

00:58:19.320 --> 00:58:24.380
 service levels what that does is it reduces the fees overall it closes that

00:58:24.380 --> 00:58:30.240
 range between these zones for the in lieu of it produces a flat dedication fee

00:58:30.240 --> 00:58:35.520
 and it provides some equity between those zones a combination would be to

00:58:35.520 --> 00:58:40.720
 combine the proposed fee in lieu of with the dedication fee average again that

00:58:40.720 --> 00:58:44.000
 reduces just another option we're playing around with the numbers it

00:58:44.000 --> 00:58:48.840
 reduces fees it closes the range of fees between the zones and then that phase

00:58:48.840 --> 00:58:53.600
 in implementation as Gary mentioned is probably the one that I think they were

00:58:53.600 --> 00:59:00.640
 most supportive of beginning at a 60% of the fee with an increase of 10% each

00:59:00.640 --> 00:59:07.840
 year at year six we would have that 100% and a reset so through that

00:59:07.840 --> 00:59:12.320
 implementation process of doing the space and approach we would actually be

00:59:12.320 --> 00:59:18.520
 doing two reviews of the fees and updating them during that process and

00:59:18.520 --> 00:59:28.280
 during that time so that really wraps up where we are today we started our small

00:59:28.280 --> 00:59:34.660
 focus group meetings again we met last month and we have a handbook that is

00:59:34.660 --> 00:59:39.360
 being drafted now it's in the final draft that gives them a little bit more

00:59:39.360 --> 00:59:45.320
 specifications on some of the other pieces of the ordinance you had an

00:59:45.320 --> 00:59:48.440
 opportunity to look at the ordinance you see that there's also an option in their

00:59:48.440 --> 00:59:55.000
 for developers to come in and develop a park themselves as part of the park

00:59:55.000 --> 00:59:59.720
 development and then there's also some so there's some specifications that

00:59:59.720 --> 01:00:02.240
 they'll have to meet and developing their own part there's also

01:00:02.240 --> 01:00:08.080
 specifications on the land dedication side so we're working to put that

01:00:08.080 --> 01:00:11.920
 together to have that for the developer so they'll know exactly what those

01:00:11.920 --> 01:00:15.680
 specifications are when you're dealing with the dedication and the development

01:00:15.680 --> 01:00:20.520
 side if they choose to come in and develop a park as part of their project

01:00:20.520 --> 01:00:30.160
 but that's we do have a developer town hall scheduled with development services

01:00:30.160 --> 01:00:35.040
 that we're going to provide this to the development community as a whole for

01:00:35.040 --> 01:00:39.880
 that set for 10 a.m. on November 11th and then we're also going to continue

01:00:39.880 --> 01:00:46.800
 meeting with our small focus group as well great Christian back yeah thank you

01:00:46.800 --> 01:00:54.800
 chair the the typical fees in the in North Texas are they 60% I know you said

01:00:54.800 --> 01:01:00.440
 different municipalities do not fees recovery levels but different

01:01:00.440 --> 01:01:04.520
 municipalities have a different approach but if you do try to match the apples

01:01:04.520 --> 01:01:13.120
 and oranges are they are they funding 40% I don't know and I don't know if

01:01:13.120 --> 01:01:18.400
 they're even calculating cost recovery when they're developing their fees we

01:01:18.400 --> 01:01:23.760
 used we used Fort Worth as that methodology as a way to kind of ramp up

01:01:23.760 --> 01:01:30.200
 to the hundred percent or the full rate over a term so it wasn't the sticker

01:01:30.200 --> 01:01:37.160
 shock of going from such a low fee based on 1998 a 1988 formula which is an

01:01:37.160 --> 01:01:42.920
 apples to oranges formula compared to where we're at today to try to ease into

01:01:42.920 --> 01:01:47.840
 that over the course of the next six years as well as having to kind of

01:01:47.840 --> 01:01:54.520
 reevaluations of the land so we thought that was the group felt that that was a

01:01:54.520 --> 01:02:00.760
 good good consideration to try to stall that that sharpness of the change yeah I

01:02:00.760 --> 01:02:03.680
 can say that Fort Worth was the only one that we found that had an

01:02:03.680 --> 01:02:11.000
 implementation approach okay their fees and for these development meetings who's

01:02:11.000 --> 01:02:17.680
 who's who's part of those can we get a list of those members sure thank you

01:02:17.680 --> 01:02:24.680
 commissioner Ellis thank you chair Laura thanks for a great detailed presentation

01:02:24.680 --> 01:02:31.960
 what is your timeline on trying to get this finished we're hoping to our next

01:02:31.960 --> 01:02:35.600
 step as Gary mentioned is we do want to take it back to the developer group the

01:02:35.600 --> 01:02:39.280
 larger town hall meeting that would be our first one since the spring and then

01:02:39.280 --> 01:02:45.280
 continue to work with the default the focus group in finalizing this proposal

01:02:45.280 --> 01:02:49.600
 and also the handbook and we are scheduled to present to council in

01:02:49.600 --> 01:02:54.600
 December so you know we'll take whatever feedback and information they give us at

01:02:54.600 --> 01:03:00.640
 that time make those updates and hopefully have a new ordinance by the

01:03:00.640 --> 01:03:05.800
 beginning of next year but that also brings us to to the implementation of

01:03:05.800 --> 01:03:10.360
 the actual new ordinance itself we're looking at anywhere from a six to nine

01:03:10.360 --> 01:03:17.680
 month timeline that's what dr. Crompton has recommended in terms of an effective

01:03:17.680 --> 01:03:23.640
 date once the ordinance has been approved and that will give you know the

01:03:23.640 --> 01:03:27.240
 developers that are currently in the process time to continue under the

01:03:27.240 --> 01:03:30.800
 existing ordinance since most of them are coming in believing that that that's

01:03:30.800 --> 01:03:35.120
 those are the requirements you know that that they're developing under and giving

01:03:35.120 --> 01:03:40.120
 them kind of a full heads up that as of this date anything new coming in would

01:03:40.120 --> 01:03:45.480
 be under the new effective ordinance one adjustment that schedule with the

01:03:45.480 --> 01:03:49.440
 council runoffs we were asked to push it to January so we're actually going to be

01:03:49.440 --> 01:03:54.160
 meeting January with the new council so we didn't have to start with an old

01:03:54.160 --> 01:04:02.180
 council and move to a newer council I got a few questions developers that come

01:04:02.180 --> 01:04:06.760
 in they're not required to put in a park but if they don't they have to pay the

01:04:06.760 --> 01:04:10.800
 fee correct that's that's kind of the broad strokes of this is the city does

01:04:10.800 --> 01:04:14.720
 the city have a preference would they prefer the developer to put in the park

01:04:14.720 --> 01:04:20.480
 or they prefer to give the authority over to the city to find land and build

01:04:20.480 --> 01:04:25.240
 it themselves what is the preference of the city between those two options I can

01:04:25.240 --> 01:04:30.640
 take that the experience we've had a little bit of everything since since

01:04:30.640 --> 01:04:36.200
 we've been with the city I can give you an example there's between hunter and

01:04:36.200 --> 01:04:40.720
 coal ranch and the discussions there in the future planning and then we have one

01:04:40.720 --> 01:04:47.760
 park that's going in right now at razor they they have well exceeded their

01:04:47.760 --> 01:04:53.600
 ordinance fees based on what they've invested into that park for construction

01:04:53.600 --> 01:04:58.000
 efforts so they've well surpassed the required amount that they would have

01:04:58.000 --> 01:05:02.760
 given us we wouldn't have been able to build that park with the fees they would

01:05:02.760 --> 01:05:06.560
 have given us just as a fee in lieu of and paying for the development fee

01:05:06.560 --> 01:05:11.240
 outright but they're actually building it and dedicating the land to the city

01:05:11.240 --> 01:05:17.400
 all at one time so there are there are instances where the developer may put

01:05:17.400 --> 01:05:23.640
 more money into the park especially at our old rate to get what they wanted for

01:05:23.640 --> 01:05:27.940
 their development it may be beneficial to us to have them build it and then

01:05:27.940 --> 01:05:32.240
 dedicated to the city at its completion they are actually going to maintain that

01:05:32.240 --> 01:05:37.560
 parcel for one year as well as part of the agreement so they're going well

01:05:37.560 --> 01:05:43.880
 beyond what was required based in 1998 ordinance planning for hunter and coal

01:05:43.880 --> 01:05:49.120
 ranch the similar there that I think they're gonna end up building a higher

01:05:49.120 --> 01:05:55.280
 standard of what our standard currently is for those parks as that's built so

01:05:55.280 --> 01:06:00.840
 that's gonna be a benefit to to the residents as well there are times when we

01:06:00.840 --> 01:06:06.960
 may prefer to have the money because we may have money that's already in the

01:06:06.960 --> 01:06:10.800
 fund that we could use that to go ahead and move forward and build a park so we

01:06:10.800 --> 01:06:14.480
 can match that up and move forward with with a development of a parcel that's

01:06:14.480 --> 01:06:19.640
 already partially funded so there's there's different scenarios and

01:06:19.640 --> 01:06:24.320
 different opportunities really with each each development that occurs so I

01:06:24.320 --> 01:06:32.600
 appreciate that understanding with that how how can the city better incent

01:06:32.600 --> 01:06:37.480
 people to do what you want we were making this this kind of standard flat

01:06:37.480 --> 01:06:43.720
 fee which takes away the city's influence on whether you want to push

01:06:43.720 --> 01:06:47.080
 back and have the developer do it because they might have the means to do

01:06:47.080 --> 01:06:52.760
 a great park or you're in a position to to go ahead and construct at scale

01:06:52.760 --> 01:06:58.280
 efficiently with with your own dollars have have you looked at different

01:06:58.280 --> 01:07:04.640
 mechanisms if they even exist to to create a more fluid pathway so that's an

01:07:04.640 --> 01:07:09.160
 open conversation about how to incentivize that the best park gets built

01:07:09.160 --> 01:07:13.880
 rather than hey they can choose to do this and we understand that sometimes

01:07:13.880 --> 01:07:16.760
 it's better for us to do it and sometimes it's not but we're not gonna

01:07:16.760 --> 01:07:20.280
 be involved in that conversation they get complete autonomy to determine that

01:07:20.280 --> 01:07:24.120
 when it sounds like and I would prefer the professionals on our end to actually

01:07:24.120 --> 01:07:27.520
 speak into the betterment of the city have you all explored that or does that

01:07:27.520 --> 01:07:35.960
 even exist to create more of a an influence on on that yeah so there's I

01:07:35.960 --> 01:07:39.960
 guess a number of ways to approach that the first and foremost we're meeting

01:07:39.960 --> 01:07:45.840
 with the developers very early on now as opposed to sometimes we weren't kind of

01:07:45.840 --> 01:07:50.240
 getting involved until much later in the process and it may have been too late so

01:07:50.240 --> 01:07:55.280
 we're having those discussions now before they really even get started so

01:07:55.280 --> 01:08:00.920
 that's one major factor the other one is we're in that we've been working on our

01:08:00.920 --> 01:08:06.080
 master plan in our trails plan to identify where we want certain things to

01:08:06.080 --> 01:08:11.320
 occur so then we can share that with them and show how our master plan could

01:08:11.320 --> 01:08:16.120
 benefit their community help sell houses help you know make a better neighborhood

01:08:16.120 --> 01:08:20.000
 and it's tied into other assets whether it's a school a business whatever that

01:08:20.000 --> 01:08:25.200
 would be so giving them that some additional vision there's still some

01:08:25.200 --> 01:08:29.680
 opportunities for improvement there for sure obviously it comes down to a

01:08:29.680 --> 01:08:34.760
 formula of profit you know for a developer and there's got to be some

01:08:34.760 --> 01:08:39.440
 balance to that but if we can say hey there's some historical opportunities

01:08:39.440 --> 01:08:44.400
 here here's a great little forest of of post oak so we want to try to preserve

01:08:44.400 --> 01:08:49.200
 if we can get ahead of that before they have plans already done that's saving

01:08:49.200 --> 01:08:52.320
 them from spending money and going back and really losing some of their

01:08:52.320 --> 01:08:56.680
 investment they've already made so we're trying to get ahead of all of that and

01:08:56.680 --> 01:09:01.200
 we feel like we've made a lot of progress but we still have some

01:09:01.200 --> 01:09:05.560
 opportunities to to improve that okay well hopefully the the conversation the

01:09:05.560 --> 01:09:10.160
 developers is insightful of ways to make that efficient the only other question I

01:09:10.160 --> 01:09:14.040
 have and this might well it's coming from a place of ignorance so you can

01:09:14.040 --> 01:09:19.720
 enlighten me I don't think in my mind logically that a park development is a

01:09:19.720 --> 01:09:23.800
 linear function I don't think it doesn't seem like every acre of a park is

01:09:23.800 --> 01:09:27.240
 developed at the same cost you know I'm thinking about it's probably like a step

01:09:27.240 --> 01:09:30.600
 like there's probably some fixed cost at one acre then when you get to five acres

01:09:30.600 --> 01:09:34.880
 you know the playgrounds there's another fixed cost because it seems like a 30

01:09:34.880 --> 01:09:39.720
 acre park that includes three soccer fields is way cheaper at on average than

01:09:39.720 --> 01:09:44.400
 a one acre park that has a full built out playground with with turf and all

01:09:44.400 --> 01:09:49.280
 this but yet the fees being attributed each park is a fixed cost assuming that

01:09:49.280 --> 01:09:55.640
 every acre is the exact same cost and I don't know if I fundamentally understand

01:09:55.640 --> 01:10:00.840
 the rationale if we're thinking about the actual recovery costs it's not

01:10:00.840 --> 01:10:07.520
 correct me wrong I've never built a park which might be surprising to you but it

01:10:07.520 --> 01:10:11.720
 doesn't seem like it's a linear function so can you help me out understand why

01:10:11.720 --> 01:10:19.120
 the the cost remains fixed across whether it's a five acre park or a 500

01:10:19.120 --> 01:10:26.000
 acre park correct so in yeah I mean yeah you make a great point

01:10:26.000 --> 01:10:31.520
 historically we had classified our parks based on park acres and we're moving

01:10:31.520 --> 01:10:36.680
 away from that you know I use the example of Quaker town earlier that we've

01:10:36.680 --> 01:10:41.360
 got this great city park that hosts one of our you know biggest events in the

01:10:41.360 --> 01:10:48.400
 city and it's just a little over 30 acres so you know part space is not all

01:10:48.400 --> 01:10:54.120
 equal to your point it's now being they're being developed more based on

01:10:54.120 --> 01:11:02.880
 amenities so what type of amenity and we really we have a condition in the

01:11:02.880 --> 01:11:08.240
 proposed ordinance that even though you may be required to only contribute or

01:11:08.240 --> 01:11:16.360
 dedicate let's say 2.8 acres of land we actually with the minimum is five acres

01:11:16.360 --> 01:11:22.840
 because that's really what you need to even put in a neighborhood park who you

01:11:22.840 --> 01:11:27.360
 know in all of our neighborhood parks have that standard amenity of a

01:11:27.360 --> 01:11:34.360
 playground you know some picnic tables trash cans a pavilion so it's it's

01:11:34.360 --> 01:11:40.200
 there's some consistency across in the type of part based on amenities and not

01:11:40.200 --> 01:11:45.520
 so much on the size anymore but the size does matter in terms of the minimum at

01:11:45.520 --> 01:11:51.920
 least but not all day not all neighborhood parks are equal either even

01:11:51.920 --> 01:11:55.080
 in our own park system we have some neighborhood parks that that have a

01:11:55.080 --> 01:12:00.080
 parking lot and some that don't I mean that's a major cost we're trying to

01:12:00.080 --> 01:12:05.920
 standardize that because everybody wants a parking lot in a restroom and those

01:12:05.920 --> 01:12:12.240
 are two very expensive assets to build and for a neighborhood park typically

01:12:12.240 --> 01:12:17.160
 they're built for those geographic residents around there where they could

01:12:17.160 --> 01:12:22.560
 typically a home they may not be there all day so that's why that's typically

01:12:22.560 --> 01:12:27.360
 on-street parking and no restroom when you get to the next level park then you

01:12:27.360 --> 01:12:30.480
 start putting in restrooms but we have neighborhood parks that also have

01:12:30.480 --> 01:12:36.240
 restrooms so even our own service levels very so we're trying to get that to

01:12:36.240 --> 01:12:40.800
 point where everything's fairly the same right but I think you're making my point

01:12:40.800 --> 01:12:45.840
 Gary there's a fixed cost to a bathroom a pavilion so if you add another acre to

01:12:45.840 --> 01:12:52.400
 that you have the cost of land and not much else but yet you're attributing the

01:12:52.400 --> 01:12:55.720
 same cost to that second acre or the sixth acre if you have a five acre

01:12:55.720 --> 01:13:01.680
 minimum regardless and so if we understand these fixed costs I understand

01:13:01.680 --> 01:13:06.920
 that you you're not using like acres as a size of our determinant of what

01:13:06.920 --> 01:13:10.200
 amenities go there but you're charging developers as per acre not what

01:13:10.200 --> 01:13:15.000
 amenities are being attributed so I can't I understand that you're talking

01:13:15.000 --> 01:13:18.560
 about amenities being different but that's not how you're charging them so

01:13:18.560 --> 01:13:21.040
 if we're talking about how we're charging them that remains as a

01:13:21.040 --> 01:13:25.800
 measurement of acres and not all park acres are equally valued yet we are

01:13:25.800 --> 01:13:31.520
 charging developers the same price for every acre of a park when if I look at

01:13:31.520 --> 01:13:35.840
 the 400 acres of North Lakes you have a pond of frisbee golf course tons of

01:13:35.840 --> 01:13:41.760
 soccer fields those are not valued the same as the acre when which that massive

01:13:41.760 --> 01:13:45.680
 pavilion sits and so I don't know if there's any resolution tonight but as

01:13:45.680 --> 01:13:49.440
 you go towards the developers and can you continue taking through this I just

01:13:49.440 --> 01:13:56.400
 have some logical barriers to understand how the price per acre is fixed across

01:13:56.400 --> 01:14:02.640
 all acres so on park development specifically the developers are not

01:14:02.640 --> 01:14:11.080
 charged based on on the on the cost of a park acre what they're charged on is we

01:14:11.080 --> 01:14:19.320
 take the average cost to develop right so we use that development and in what

01:14:19.320 --> 01:14:26.420
 we did is we just said okay yeah and yet just we divided it by a cost an average

01:14:26.420 --> 01:14:32.240
 cost per acre only in that we're looking between those the neighborhood parks and

01:14:32.240 --> 01:14:37.060
 the community parks but it's based off the cost to develop a park and we

01:14:37.060 --> 01:14:42.800
 included that cost at the exhibits so we took that and then we divided it by the

01:14:42.800 --> 01:14:50.200
 service area how many dwelling units we have in that area per park acre and

01:14:50.200 --> 01:14:54.040
 using that multiplying it by the number of dwelling units that you're bringing

01:14:54.040 --> 01:14:59.080
 into the development so the fundamental of it though doesn't take into

01:14:59.080 --> 01:15:05.520
 consideration the actual cost of land it takes it's using the factor of the cost

01:15:05.520 --> 01:15:09.400
 to develop the park not the cost of the land right and I appreciate that

01:15:09.400 --> 01:15:13.320
 clarification it still seems though that there's a price to develop that's a

01:15:13.320 --> 01:15:16.760
 neighborhood park and there's a price to develop that's a community park and

01:15:16.760 --> 01:15:23.280
 those costs averaging out are different because you have the economies of scale

01:15:23.280 --> 01:15:26.800
 when you look at a community park versus a neighborhood park so I think I

01:15:26.800 --> 01:15:32.080
 understand you're saying I'm just adding my input that a fixed linear price per

01:15:32.080 --> 01:15:36.320
 acre seems to break down in terms of just my rationale maybe I'm the only one

01:15:36.320 --> 01:15:40.600
 but I won't monopolize the time I know we can look at that we can take a look at

01:15:40.600 --> 01:15:45.080
 that thanks Gary Chris you're back thank you chair actually I want to I was gonna

01:15:45.080 --> 01:15:50.760
 ask that question as well that it seems like that you have amenities that cost a

01:15:50.760 --> 01:15:56.600
 certain amount and land that costs a variable amount so you know we know a

01:15:56.600 --> 01:16:00.400
 water fountain is $300 or whatever I think that's what chair's point was we

01:16:00.400 --> 01:16:08.000
 know a pavilion is a ten thousand dollars or whatever it is so if you have

01:16:08.000 --> 01:16:12.360
 certain if you wanted to design a park why wouldn't you say we we want at

01:16:12.360 --> 01:16:18.080
 minimum a bathroom a parking lot a water fountain and a blah blah blah and this

01:16:18.080 --> 01:16:22.920
 is our minimum and this is our Chinese buffet menu and you're going to you're

01:16:22.920 --> 01:16:27.080
 going to select from column A and column B and these are fixed costs and oh by

01:16:27.080 --> 01:16:32.400
 the way if you're in zone ABC or D your land rate will be different and that way

01:16:32.400 --> 01:16:40.440
 you're not sending the costs I mean so before I go down that path I can

01:16:40.440 --> 01:16:44.480
 understand if we want to average if that's a way it's if that's a mechanism

01:16:44.480 --> 01:16:50.360
 of paying for parks that we wouldn't other already had which is what we

01:16:50.360 --> 01:16:56.200
 alluded to earlier with my question the recovery of them but I just want to I

01:16:56.200 --> 01:17:01.440
 that's fine because I my predilection would be to lump everything into giant

01:17:01.440 --> 01:17:05.400
 park pool and divide it out over the whole city but you said we're not allowed

01:17:05.400 --> 01:17:11.960
 to do that so our is this mechanism a way of getting towards that that's

01:17:11.960 --> 01:17:16.680
 allowable otherwise it does feel like chairs point is well taken that we

01:17:16.680 --> 01:17:29.000
 should have a selectable system maybe that's that's more tuned so to develop

01:17:29.000 --> 01:17:35.160
 if a developer was coming in and putting in the park themselves we do have a list

01:17:35.160 --> 01:17:41.200
 of amenities that requirements that they would have to install in that park if

01:17:41.200 --> 01:17:44.880
 they were coming in and doing it on their own if that's come to your to your

01:17:44.880 --> 01:17:51.240
 last point but yes but overall in terms of zones we would still have to stay

01:17:51.240 --> 01:17:56.520
 within within those zones rather than use it across the board but what we

01:17:56.520 --> 01:18:03.400
 wanted to do in a current ordinance it's limited to in definition to community

01:18:03.400 --> 01:18:07.920
 parts or I'm sorry neighborhood part right neighborhood parts and they had

01:18:07.920 --> 01:18:11.400
 to be five to twenty acres and that's where you that's where the money can be

01:18:11.400 --> 01:18:16.680
 used knowing and understanding park use today that's they're not just in

01:18:16.680 --> 01:18:22.440
 neighborhood parks there a neighborhood and community parts so that was the

01:18:22.440 --> 01:18:27.520
 other reason why we needed to take that average or you know we we chose that

01:18:27.520 --> 01:18:34.080
 kind of methodology to get to that cost again understanding that at three

01:18:34.080 --> 01:18:38.520
 hundred and fifty five thousand you know and we're saying that that's an acre

01:18:38.520 --> 01:18:43.800
 based on a community part and a neighborhood part so a four acre

01:18:43.800 --> 01:18:49.680
 neighborhood part twelve point five acre community part what's the average for

01:18:49.680 --> 01:18:56.560
 that and and that's what we got to the 355 but when you look at the exhibit

01:18:56.560 --> 01:19:02.000
 that actually breaks down those costs you know you'll you'll see that taking

01:19:02.000 --> 01:19:08.560
 out a minimum of five acres what you know what that's going to get us in terms

01:19:08.560 --> 01:19:11.760
 of actually developing the park and that's that's what that's what we're

01:19:11.760 --> 01:19:16.680
 looking at so that you know that that gets us closer to actually being able to

01:19:16.680 --> 01:19:24.160
 develop those those community and and neighborhood parts when you charge it

01:19:24.160 --> 01:19:34.160
 by acre knowing that we're taking a minimum of five any other questions for

01:19:34.160 --> 01:19:42.040
 Laura Gary great thank you both so much for being here and answering all of our

01:19:42.040 --> 01:19:50.280
 questions thank you thank you so I just wanted to update the record to show the

01:19:50.280 --> 01:19:54.400
 Commissioner Anderson Christian pernetta and Commissioner Smith have all joined us

01:19:54.400 --> 01:19:59.840
 so we are in full force now moving on with our agenda this evening we'll get

01:19:59.840 --> 01:20:04.320
 into the clarification of agenda items before we hop in I've already talked

01:20:04.320 --> 01:20:08.640
 Richard just want to make sure the agenda is as printed this evening correct

01:20:08.640 --> 01:20:15.360
 Richard that's correct fantastic so the first item of business would be item

01:20:15.360 --> 01:20:21.240
 number two which is the plan and zoning minutes is there any edits we need to

01:20:21.240 --> 01:20:31.400
 make on those so I guess for October 21st great next is item three the

01:20:31.400 --> 01:20:37.920
 consent agenda we just have one on the docket for tonight it's FP 20 - 0 2 4 0

01:20:37.920 --> 01:20:44.960
 0 2 4 does anyone have any questions for Haley on this plat that we can bring it

01:20:44.960 --> 01:20:55.040
 up okay great I will just continue on next item is the consideration of the

01:20:55.040 --> 01:20:58.680
 calendar Richard you want to do this in work session or public session is

01:20:58.680 --> 01:21:11.400
 anything to dive into here on the calendar Richard sorry about that I was

01:21:11.400 --> 01:21:18.080
 answering another question here yes do we need to dive into that during work

01:21:18.080 --> 01:21:23.200
 session or is that just a vote for the record and public really it's just it's

01:21:23.200 --> 01:21:27.160
 just a vote for the record we try to follow kind of where we were this this

01:21:27.160 --> 01:21:31.040
 past year building it off of council I know there's some around the holidays

01:21:31.040 --> 01:21:34.840
 where we jog it a little bit but I'm still maintaining two meetings a month

01:21:34.840 --> 01:21:40.240
 and just for everyone's knowledge if this is adopted or approved tonight then

01:21:40.240 --> 01:21:44.120
 we'll go ahead and update our submittal schedules accordingly so we'll get that

01:21:44.120 --> 01:21:50.200
 out within the next couple days just wanted to add that great next item is

01:21:50.200 --> 01:21:54.200
 item 4b let me ask does anyone have any questions on the calendar I didn't throw

01:21:54.200 --> 01:22:05.120
 it out there okay pretty straightforward item 4b FP 20 - 0 0 2 6 this is Karina

01:22:05.120 --> 01:22:11.120
 Maldonado's item it is is this this is being denied but the Hopkins requesting

01:22:11.120 --> 01:22:17.360
 30-day extension correct is it recommended for denial yes that is

01:22:17.360 --> 01:22:21.520
 correct the plat is recommended for approval but they do have some last

01:22:21.520 --> 01:22:27.000
 minute changes to their waterline plan which would require some changes to the

01:22:27.000 --> 01:22:31.760
 easements shown on there so they've requested a 30-day extension up to a

01:22:31.760 --> 01:22:39.600
 date certain of November 18th so it's actually up it is approved they're just

01:22:39.600 --> 01:22:43.400
 asking for a little bit of time to update it yes they're just making

01:22:43.400 --> 01:22:49.520
 additional changes so if if you were to approve the plat now they would need to

01:22:49.520 --> 01:22:54.040
 come back and do a replat of the of the one that would be approved to show those

01:22:54.040 --> 01:22:58.240
 changes to the waterline okay that makes sense does anyone want to see the

01:22:58.240 --> 01:23:05.000
 presentation from Karina this evening if we're bringing it back okay great so

01:23:05.000 --> 01:23:11.160
 the next one is also Karina's it's item 4c PP 20 - 0 0 2 2 and I will turn the

01:23:11.160 --> 01:23:19.600
 floor over to Karina Maldonado for presentation on this item okay I

01:23:19.600 --> 01:23:23.400
 apologize I realize that my the previous item didn't have the item on on the

01:23:23.400 --> 01:23:32.200
 screen so this item is PP 20 - 0 0 22 for country club villages it is this is

01:23:32.200 --> 01:23:41.320
 located off of Fort Worth Drive and Fairview just south of Brush Creek so

01:23:41.320 --> 01:23:45.480
 staff is recommending denial the request as it does not meet the established

01:23:45.480 --> 01:23:51.760
 requirements however the applicant has requested an extension to December 2nd

01:23:53.400 --> 01:24:01.480
 with that I can answer any questions any questions on this and you said

01:24:01.480 --> 01:24:08.360
 December 2nd was the date they're targeting yes okay great I don't see any

01:24:08.360 --> 01:24:12.200
 questions so we'll go on to the last item for individual consideration which

01:24:12.200 --> 01:24:19.800
 is item 4d ADP 20 - 0 0 0 1 this item will be presented by Julie Wyatt and

01:24:19.800 --> 01:24:25.160
 whenever she is ready she has the floor

01:24:25.160 --> 01:24:37.200
 looks like she brought a binder or printer or scanner many binders let me

01:24:37.200 --> 01:25:00.440
 my presentation and we'll get going okay

01:25:02.920 --> 01:25:09.360
 sure back while she prepares can can someone remind me what what section of

01:25:09.360 --> 01:25:14.520
 the code extensions fall under when we're when we're awarding an extension

01:25:14.520 --> 01:25:21.560
 what where is where is that power in the code it's not in the code it's in the

01:25:21.560 --> 01:25:26.720
 local government code 212 is it 212 is where we're deriving that power okay

01:25:26.720 --> 01:25:35.760
 Richard I appreciate that all right let me share my screen

01:25:35.760 --> 01:25:43.280
 all right good evening I'm Julie Wyatt senior planner with the city of Denton

01:25:43.280 --> 01:25:50.280
 and I'm presenting ADP 20 0 0 0 1 agave ranch the request before you is for an

01:25:50.280 --> 01:25:54.240
 alternative development plan for a single-family development the site is 92

01:25:54.240 --> 01:25:59.080
 acres it's outlined in yellow you're I know you're familiar with it it is on

01:25:59.080 --> 01:26:04.720
 the east side of FM 428 north of Hartley Field the purpose is to deviate from

01:26:04.720 --> 01:26:12.040
 section 35 dot 13 dot 13 dot 1 of the 2002 Denton Development Code in

01:26:12.040 --> 01:26:16.400
 particular this request is related to the architecture of those proposed

01:26:16.400 --> 01:26:21.800
 single-family dwellings so just a refresher on the zoning in July of last

01:26:21.800 --> 01:26:27.160
 year City Council approved a rezoning for the property to nr3 and nr2 with

01:26:27.160 --> 01:26:32.000
 overlay conditions in 2019 that transition to PD district because of

01:26:32.000 --> 01:26:37.040
 those overlay conditions with the base zoning of r3 and r2 due to this project

01:26:37.040 --> 01:26:42.240
 time submittal timing it's being reviewed under the 2002 Denton

01:26:42.240 --> 01:26:46.920
 Development Regulations and that includes that ADP process as well as the

01:26:46.920 --> 01:26:53.040
 single-family residential site requirements so just to kind of before

01:26:53.040 --> 01:26:56.320
 we go over the applicant's request just to kind of talk through what those

01:26:56.320 --> 01:27:02.800
 residential site design requirements are so in the 2002 Denton Development Code

01:27:02.800 --> 01:27:08.980
 any lots under 10,000 square feet have to comply with the with section 35 dot

01:27:08.980 --> 01:27:15.320
 13 dot 13 dot 1 on lots over to 10,000 square feet are not required to

01:27:15.320 --> 01:27:19.760
 comply with those site design requirements so as this relates to agave

01:27:19.760 --> 01:27:26.120
 ranch I would 219 lots would have to comply 33 lots would not be required to

01:27:26.120 --> 01:27:30.560
 comply now there are there are a lot of requirements in there but the three that

01:27:30.560 --> 01:27:34.480
 we're talking about tonight the the deviations that they're requesting are

01:27:34.480 --> 01:27:40.000
 related to first design features in the code there is a menu of items that an

01:27:40.000 --> 01:27:46.480
 applicant can choose they have to choose three of them for each single-family

01:27:46.480 --> 01:27:53.000
 residential project or or house and that includes dormers gables recessed entries

01:27:53.000 --> 01:27:58.540
 coverler covered front porches cupolas architectural pillars or posts and a bay

01:27:58.540 --> 01:28:03.160
 window with a minimum 24 inches of projection the second one that we're

01:28:03.160 --> 01:28:07.920
 talking about tonight is the garages and and there are two elements to this first

01:28:07.920 --> 01:28:14.000
 that the 2002 code did not allow for front entry garages to extend forward of

01:28:14.000 --> 01:28:20.680
 the front building wall and second that of the total width of the garage door

01:28:20.680 --> 01:28:28.760
 could not be more than 40% of that total building frontage finally the windows

01:28:28.760 --> 01:28:34.200
 indoors percentage so under the 2002 code windows and doors excluding the

01:28:34.200 --> 01:28:40.680
 garage door had to comprise at least 25% of the of the wall area for the front

01:28:40.680 --> 01:28:46.520
 facade so those are the three elements we're talking about tonight so now we're

01:28:46.520 --> 01:28:51.560
 going to talk about the builder concerns in those proposed deviations so there are

01:28:51.560 --> 01:28:57.480
 two builders that are proposed to to to go into the agave ranch development so

01:28:57.480 --> 01:29:02.160
 I've got a builder one and builder two so first we're going to talk about the

01:29:02.160 --> 01:29:06.280
 design features remember that's that menu of items their plans with those

01:29:06.280 --> 01:29:12.640
 recessed entries contain only two design features and not the three and in your

01:29:12.640 --> 01:29:19.240
 backup material I've given all of those elevations that I'm sure it was a lot

01:29:19.240 --> 01:29:25.640
 they are proposing to actually revise that that menu to replace cupolas and

01:29:25.640 --> 01:29:30.120
 bay windows with first and enhanced landscaping package and that would

01:29:30.120 --> 01:29:34.680
 include foundation plantings and direct with decorative edging plus a large

01:29:34.680 --> 01:29:40.160
 shade tree per lot the 2002 didn't development code only only required

01:29:40.160 --> 01:29:44.720
 street trees for residential development it did not require lot trees so this

01:29:44.720 --> 01:29:50.080
 would be in in excess of what the 2002 code required they're also proposing to

01:29:50.080 --> 01:29:56.480
 add in a minimum roof pitch of 612 on primary roof elevation and they're also

01:29:56.480 --> 01:30:03.960
 proposing to increase the number of elements to four and so in order to kind

01:30:03.960 --> 01:30:07.600
 of look to see and this is in your backup as well to kind of show you what

01:30:07.600 --> 01:30:11.720
 that roof pitch that they're proposing just giving you a diagram here because

01:30:11.720 --> 01:30:16.280
 it's it's kind of hard just with that with the text to visualize what that is

01:30:16.280 --> 01:30:21.160
 all right and finally or I'm sorry and then second they are proposing a

01:30:21.160 --> 01:30:26.920
 deviation to the garage standards so that both they're both builders and

01:30:26.920 --> 01:30:32.760
 depending on the width of the plans they both have some plans with garages that

01:30:32.760 --> 01:30:38.640
 extend forward of that front building line and then that are also in excess of

01:30:38.640 --> 01:30:44.280
 that 40 percent maximum and that's for both two-car garage plans as well as

01:30:44.280 --> 01:30:49.040
 three-car garage plans they are proposing that that that the attached

01:30:49.040 --> 01:30:53.720
 front entry garages of residential dwellings could extend forward up to six

01:30:53.720 --> 01:30:58.920
 feet from the front building plane of the house that is nearest in setback

01:30:58.920 --> 01:31:04.760
 distance to the garage door plane and that would be up to 11 feet maximum from

01:31:04.760 --> 01:31:13.080
 a recessed recessed front door they would they as proposed it would allow 45

01:31:13.080 --> 01:31:17.880
 percent of the product offerings within the agave ranch project to have the

01:31:17.880 --> 01:31:23.800
 forward extending garages but would not extend to the three-car garages and then

01:31:23.800 --> 01:31:28.560
 and then the second provision that they're proposing is that the total width

01:31:28.560 --> 01:31:32.920
 of the garage doors would not occupy more than 45 percent of the total

01:31:32.920 --> 01:31:38.520
 building frontage for two-car garages and 55 percent for three-car garages once

01:31:38.520 --> 01:31:46.560
 again adding that 45 percent of the total in as well and just to kind of let

01:31:46.560 --> 01:31:50.040
 you see this is in your backup as well what that looks like because once again

01:31:50.040 --> 01:31:55.920
 a text version it it's somewhat unclear but you can see here this the garage as

01:31:55.920 --> 01:32:03.440
 proposed is is that front garage is here six feet would be the maximum it could

01:32:03.440 --> 01:32:08.720
 extend from from this plane on the house and then 11 feet from that recessed

01:32:08.720 --> 01:32:15.320
 front door all right and finally the last provision the windows and doors they

01:32:15.320 --> 01:32:21.800
 both both builders do have plans that are less than that 25% that the 2002

01:32:21.800 --> 01:32:28.040
 code required and so the applicant is proposing that that the windows and

01:32:28.040 --> 01:32:34.280
 doors excluding the garage doors would comprise 15% of the wall area plus use

01:32:34.280 --> 01:32:39.480
 two of the following enhanced design features to provide visual relief and in

01:32:39.480 --> 01:32:44.120
 that they're provided they're proposing decorative shutters decorative brick

01:32:44.120 --> 01:32:49.200
 detailing coach lights divided light windows decorative garage door hardware

01:32:49.200 --> 01:32:55.600
 and decorative sheet cedar shake or stucco board accents and gables so now

01:32:55.600 --> 01:33:00.000
 let's kind of talk about this as it relates to the elevation so like I said

01:33:00.000 --> 01:33:03.960
 all of these elevations are in your backup material but I kind of just

01:33:03.960 --> 01:33:08.840
 wanted to talk through this and show how they kind of apply in real life so the

01:33:08.840 --> 01:33:12.840
 first we're gonna talk about some proposed elevations for builder one

01:33:12.840 --> 01:33:18.200
 first so in in this elevation here there's a recessed front entry there is

01:33:18.200 --> 01:33:23.720
 a gable right here architectural pillars are shown here and then a dormer this

01:33:23.720 --> 01:33:29.620
 garage is eight inches forward and then the windows and doors meets the minimum

01:33:29.620 --> 01:33:35.240
 requirements for this in orange here there's a recessed front entry there is

01:33:35.240 --> 01:33:41.480
 a gable right here and if this was approved this this elevation would

01:33:41.480 --> 01:33:46.840
 require the enhanced landscaping package this garage does meet the Denton

01:33:46.840 --> 01:33:52.520
 Development Code requirements and this this elevation shows twenty point

01:33:52.520 --> 01:33:58.240
 eighty two percent windows and doors brick detailing this herringbone pattern

01:33:58.240 --> 01:34:05.400
 here and then shutters this purple elevation shows a recessed front entry a

01:34:05.400 --> 01:34:13.880
 gable to actually architectural pillar here and then a dormer this garage shows

01:34:13.880 --> 01:34:19.840
 48% of the frontage and then the window and door percentage does meet the the

01:34:19.840 --> 01:34:26.080
 minimum requirement for builder to we have a here the first elevation here's a

01:34:26.080 --> 01:34:32.560
 recessed entry a gable this shows the 612 roof pitch and this elevation would

01:34:32.560 --> 01:34:38.200
 be required to provide that enhanced landscaping package the garage door does

01:34:38.200 --> 01:34:43.200
 meet the minimum I didn't development code requirements and then they are

01:34:43.200 --> 01:34:47.840
 proposing nineteen point nine one percent windows and doors here so they

01:34:47.840 --> 01:34:54.520
 are so this one shows shutters as well as decorative brick detailing and a

01:34:54.520 --> 01:35:02.120
 coach light sorry this elevation recess entry gable 612 roof pitch landscaping

01:35:02.120 --> 01:35:06.200
 enhanced landscaping package this garage is eight feet forward from the front

01:35:06.200 --> 01:35:11.360
 door twenty three point eight six percent windows and doors so there's

01:35:11.360 --> 01:35:15.840
 decorative brick details decorative cedar shake as well as a coach light and

01:35:15.840 --> 01:35:22.200
 then finally recess entry gable 612 roof pitch landscaping for number one this

01:35:22.200 --> 01:35:27.460
 garage is fifty two point seventeen percent of the front facade twenty four

01:35:27.460 --> 01:35:31.900
 point seven five percent windows and doors with decorative brick detailing

01:35:31.900 --> 01:35:36.160
 decorative cedar shake and a coach light so that kind of just shows you what it

01:35:36.160 --> 01:35:40.360
 would look like in practice so the criteria for approval or is in sub

01:35:40.360 --> 01:35:44.400
 chapter 13 the first preserve existing neighborhoods the additional elements

01:35:44.400 --> 01:35:48.160
 would apply to all lots within the development and that would include

01:35:48.160 --> 01:35:51.920
 those lots greater than 10,000 square feet so it would actually include those

01:35:51.920 --> 01:35:56.960
 33 lots which wouldn't be required to meet any of those minimum standards the

01:35:56.960 --> 01:36:00.760
 proposed home designs are consistent with that surrounding architecture one

01:36:00.760 --> 01:36:05.280
 and two-story plans two and three car garages those covered front porch gable

01:36:05.280 --> 01:36:10.480
 roofs and there's just the traditional forms and details a sure quality

01:36:10.480 --> 01:36:14.240
 development the request is not intended to lower design standards they've

01:36:14.240 --> 01:36:21.680
 provided alternate alternatives with the the the expanded lists and then apart

01:36:21.680 --> 01:36:24.640
 from their requests they would have to meet all other sub chapter 13

01:36:24.640 --> 01:36:29.680
 requirements focus new development to activity centers this development was

01:36:29.680 --> 01:36:34.480
 approved by ordinance and has been through that review process ensure

01:36:34.480 --> 01:36:38.440
 adequate infrastructure this has gone through the preliminary plat stage so in

01:36:38.440 --> 01:36:42.560
 engineering has reviewed and determined there is adequate capacity and then

01:36:42.560 --> 01:36:46.920
 final this is the final requirement that results in a high quality development

01:36:46.920 --> 01:36:50.600
 this is really where we analyze what they're proposing so first in those

01:36:50.600 --> 01:36:55.520
 design features those are intended to reduce that mass of the building in

01:36:55.520 --> 01:37:00.440
 discourage blank walls and encourage visit visually interesting places the

01:37:00.440 --> 01:37:04.860
 proposal is consistent with residential character and furthermore that the

01:37:04.860 --> 01:37:09.280
 enhanced landscaping could increase overall tree canopy because remember the

01:37:09.280 --> 01:37:14.680
 2002 code did not require that lot tree also provide additional visual interests

01:37:14.680 --> 01:37:18.120
 with the foundation plantings and reduce the amount of turf grass in the front

01:37:18.120 --> 01:37:24.920
 yard the garage the the garage standards are intended to review reduce those

01:37:24.920 --> 01:37:30.480
 visual impacts of front-facing garages as proposed the forward extensions are

01:37:30.480 --> 01:37:37.360
 limited as well as the increased amount of the front facade is limited because

01:37:37.360 --> 01:37:43.320
 of that limited nature as well as the 2019 Dent development code actually does

01:37:43.320 --> 01:37:51.600
 not prohibit the forward extension of garages the the proposal is minimal and

01:37:51.600 --> 01:37:56.360
 is not would not overwhelm the front facades or conceal the front door so it

01:37:56.360 --> 01:38:01.400
 meets the intent of the requirement and then finally windows and doors it's

01:38:01.400 --> 01:38:04.800
 intended to increase building transparency along this discrete to

01:38:04.800 --> 01:38:09.960
 discourage blank walls and once again to provide lively streetscapes with the

01:38:09.960 --> 01:38:13.560
 adoption of the 2019 Denton development code this month this requirement was

01:38:13.560 --> 01:38:18.960
 actually modified to a minimum 15% windows and doors this proposal is

01:38:18.960 --> 01:38:23.880
 consistent with current regulations but they've also added that bonus to of the

01:38:23.880 --> 01:38:28.640
 two decorative elements that's above current requirements and that's those

01:38:28.640 --> 01:38:34.760
 decorative shutters break detailing coach lights it's that list so it does

01:38:34.760 --> 01:38:39.160
 meet the intent of that requirement so based upon that analysis staff

01:38:39.160 --> 01:38:42.680
 recommends approval of the request I'll be happy to answer any questions and the

01:38:42.680 --> 01:38:46.160
 applicant will be available tonight for questions and does have a presentation

01:38:46.160 --> 01:38:53.600
 as well great thank you very much Julie Christian are back thank you chair Julie

01:38:53.600 --> 01:39:00.040
 for almost all of these exceptions it is about visual presentation and interest

01:39:00.040 --> 01:39:05.520
 there the only the only component I saw when I was reading that there was maybe

01:39:05.520 --> 01:39:11.760
 something else with the safety issue of recessed doorways is that correct I'm

01:39:11.760 --> 01:39:18.800
 sorry safety of doorways is that you the the rationale for having the garage not

01:39:18.800 --> 01:39:24.840
 stick out was partially correct me I'm interpreting was partially to promote

01:39:24.840 --> 01:39:31.320
 visual or not have that monstrosity of a garage poking out but also to not have a

01:39:31.320 --> 01:39:35.920
 recessed doorway for safety reasons did I read that correctly know that the

01:39:35.920 --> 01:39:40.400
 garage requirements are really intended to reduce the prominence of those garage

01:39:40.400 --> 01:39:43.960
 to make sure it's not the first thing you see when you look at those houses

01:39:43.960 --> 01:39:51.680
 and and this was essentially a four-foot exception is that they're proposing six

01:39:51.680 --> 01:39:57.920
 feet from that next nearest housing plane 11 feet from a recessed front door if

01:39:57.920 --> 01:40:04.960
 the if the front door was recessed in that particular plan okay thank you any

01:40:04.960 --> 01:40:11.800
 other questions for Julie okay great thank you very much Julie thank you that

01:40:11.800 --> 01:40:16.200
 moves us on to our public hearing items which believe we have four of them this

01:40:16.200 --> 01:40:26.920
 evening the first one is item 5 a CA 20 - 0 0 0 3 and this is Ron McGuida's item

01:40:28.920 --> 01:40:39.400
 we're on whenever you're ready a few seconds here load up my presentation

01:40:57.920 --> 01:41:24.760
 okay as introduced in the presentation or the introduction this is for a comp

01:41:24.760 --> 01:41:28.960
 plan amendment comprehensive plan amendment for a property referred to as

01:41:28.960 --> 01:41:38.440
 birch track the site is located she's seen here I'll line in yellow on just

01:41:38.440 --> 01:41:41.600
 south of Vintage Boulevard west of Vintage Boulevard north of Fort Worth

01:41:41.600 --> 01:41:49.040
 Drive the approximate acreage for the site itself is 51 acres just over 51

01:41:49.040 --> 01:41:55.800
 acres it currently has undeveloped agricultural use there are two storage

01:41:55.800 --> 01:42:01.960
 tanks on site as well as a plug gas well and again mentioned it's along Vintage

01:42:01.960 --> 01:42:07.920
 Boulevard for those that were aware the area that we're talking about as well as

01:42:07.920 --> 01:42:15.640
 the area to the east shown here was annexed into the city on April 25th of

01:42:15.640 --> 01:42:22.440
 this year and part of the comprehensive plan amendment is to reflect a

01:42:22.440 --> 01:42:26.360
 development that was contemplated during that annexation and that

01:42:26.360 --> 01:42:31.560
 development proposal is shown here on the slide as you can see it is a

01:42:31.560 --> 01:42:37.640
 single-family residential development they are proposing 110 lots in this

01:42:37.640 --> 01:42:43.080
 site layout that you see here the the request is to amend the future land use

01:42:43.080 --> 01:42:49.120
 map classification and to reclass that from rural areas to moderate residential

01:42:49.120 --> 01:42:55.680
 the intent for moderate residential is in order to facilitate the zoning map

01:42:55.680 --> 01:43:02.080
 amendment that is on this agenda as well tonight and that is to zone this area

01:43:02.080 --> 01:43:09.800
 the 51 plus acres to residential 6 and again the the reason for the r6 zoning

01:43:09.800 --> 01:43:14.160
 requests is for them to meet the dimensional standards that they're

01:43:14.160 --> 01:43:19.560
 showing here under this proposed site plan I wanted to just share with you that

01:43:19.560 --> 01:43:24.980
 there was gas well it is currently plugged and been verified by the Railroad

01:43:24.980 --> 01:43:32.440
 Commission that lot itself will be an undevelopable lot it is shown here is

01:43:32.440 --> 01:43:40.720
 lot X it would mainly serve as open space for this development so as far as

01:43:40.720 --> 01:43:44.560
 the future land use map and designation just want to give the planning zoning

01:43:44.560 --> 01:43:49.960
 Commission just a quick background obviously you know that in 2015 the

01:43:49.960 --> 01:43:53.960
 dental plan 2030 was passed with that goals policies and actions were

01:43:53.960 --> 01:44:01.440
 included in those policies and goals was a future land use map making sure that

01:44:01.440 --> 01:44:07.480
 it helps guide our city again not only for zoning decisions but as far as land

01:44:07.480 --> 01:44:13.640
 use distribution again the purpose for a future land use map designation is to

01:44:13.640 --> 01:44:17.680
 get picked what is intended for the long-term pattern of the city

01:44:17.680 --> 01:44:24.600
 establishes the process of amending zoning districts if that is the case and

01:44:24.600 --> 01:44:28.280
 then again just guides the coordination of transportation utility planning

01:44:28.280 --> 01:44:34.960
 throughout the city the proposed modern residential future land use designation

01:44:34.960 --> 01:44:39.600
 is described in the dental plan 2030 as you see here I'm not going to read this

01:44:39.600 --> 01:44:43.700
 whole description but just want to highlight some of the description of a

01:44:43.700 --> 01:44:48.920
 modern residential future land use designation primarily single-family

01:44:48.920 --> 01:44:55.840
 adjacent to a key to key corridors it is also it maintains the style scale and

01:44:55.840 --> 01:45:03.320
 other buildings orientation within the area what you see on this slide is

01:45:03.320 --> 01:45:07.400
 really the comparison of what we currently have and that is the area

01:45:07.400 --> 01:45:12.360
 that's currently designated as rural areas we are the applicant that is is

01:45:12.360 --> 01:45:17.480
 proposing to change that or revise that to rural I'm sorry to a modern residential

01:45:17.480 --> 01:45:23.760
 which is similar to what is located just to the north of the subject site as part

01:45:23.760 --> 01:45:29.880
 of staffs review we did do a staff analysis looking at applicable approval

01:45:29.880 --> 01:45:35.200
 criteria this is for all types of applications the main thing I wanted to

01:45:35.200 --> 01:45:39.400
 highlight here the three that you see here bolded is it come is it consistent

01:45:39.400 --> 01:45:42.480
 with the comprehensive plan does it cause any adverse impact to the

01:45:42.480 --> 01:45:47.480
 surrounding community and will it be compliant and will it be able to to

01:45:47.480 --> 01:45:52.520
 provide the capacity level for utility service and other improvement standards

01:45:52.520 --> 01:46:01.400
 in the in the area in addition to the zoning sorry the approval criteria for

01:46:01.400 --> 01:46:04.880
 all applications there is also a comprehensive plan amendment approval

01:46:04.880 --> 01:46:11.760
 criteria the list that you see here none of the four that you see up here apply

01:46:11.760 --> 01:46:18.640
 in this situation so they don't necessarily need to be discussed the

01:46:18.640 --> 01:46:23.800
 next two also is related to a comprehensive plan amendment approval

01:46:23.800 --> 01:46:28.800
 criteria again I won't go into the details the responses to each of these

01:46:28.800 --> 01:46:33.960
 criteria approval are included in your backup if there is any particular one

01:46:33.960 --> 01:46:38.640
 that you would like for me to elaborate I can certainly do so and then last this

01:46:38.640 --> 01:46:42.400
 is the last page that that talks about the comprehensive plan approval criteria

01:46:42.400 --> 01:46:48.600
 and again it will not in staffs opinion cause any adverse impact to the city

01:46:48.600 --> 01:46:54.160
 so going back to the comprehensive plan and how is it consistent we feel that

01:46:54.160 --> 01:46:58.600
 the modern residential along vintage Boulevard a primary arterial is an

01:46:58.600 --> 01:47:04.040
 appropriate future lanes designation it is consistent with modern residential

01:47:04.040 --> 01:47:09.560
 that is located to north of this site as we saw in the future land use map not

01:47:09.560 --> 01:47:14.440
 only does it inconsistent with the future lanes designation it also is

01:47:14.440 --> 01:47:17.520
 consistent in the land use pattern or the development pattern of that

01:47:17.520 --> 01:47:22.840
 development you know it's consistent the scale and form it is also going to

01:47:22.840 --> 01:47:27.720
 provide the connectivity that is already established with that existing single

01:47:27.720 --> 01:47:31.280
 family and then the other main thing that I'd like to point out is that the

01:47:31.280 --> 01:47:37.440
 proposed site layout will preserve floodplain as well as environment

01:47:37.440 --> 01:47:44.960
 environmentally sensitive areas by avoiding those areas all together so as

01:47:44.960 --> 01:47:49.720
 far as connectivity you see here the north to the north is already developed

01:47:49.720 --> 01:47:54.860
 and what the applicant is proposing is to continue that Tamarack Lane to the

01:47:54.860 --> 01:47:59.400
 south both connecting the roadway as well as a sidewalk the scale of the

01:47:59.400 --> 01:48:05.900
 development that you see here to the north is roughly 50 by 135 the applicant

01:48:05.900 --> 01:48:09.800
 is going to match that to the south and somewhat it may be a bit a little bit

01:48:09.800 --> 01:48:16.680
 bigger but overall the reason why they're going to a larger denser zoning

01:48:16.680 --> 01:48:22.280
 of r6 is to meet that density or that dimensional standards that is excuse me

01:48:22.280 --> 01:48:29.200
 the dimensional standards of 6,000 minimum 6,000 square foot this just to

01:48:29.200 --> 01:48:36.160
 illustrate what they are proposing as far as the impacts to the surrounding

01:48:36.160 --> 01:48:41.960
 properties you can see that most of the area is currently undeveloped there is

01:48:41.960 --> 01:48:46.680
 agriculture used to the west Fort Worth is to the south and then you see that

01:48:46.680 --> 01:48:52.040
 the area to the east across Vintage Boulevard is undeveloped it's actually

01:48:52.040 --> 01:48:58.040
 floodplain which will mean that it will not develop anytime sooner in future in

01:48:58.040 --> 01:49:02.600
 my understanding is that the applicant or the property owner representing this

01:49:02.600 --> 01:49:07.200
 application is in talks with our Parks Department in looking ways to make that

01:49:07.200 --> 01:49:16.240
 more of a regional area in terms of trails or areas for park use regarding

01:49:16.240 --> 01:49:20.400
 development standards and regulations we did a full analysis environmental impact

01:49:20.400 --> 01:49:25.400
 again the subject layout is not going to impact any ESA they're avoiding that

01:49:25.400 --> 01:49:30.520
 altogether there we talked about the surrounding properties physical impact

01:49:30.520 --> 01:49:35.360
 analysis was provided and per the conclusion of that analysis there were

01:49:35.360 --> 01:49:40.520
 no adverse impact to the city utility services and improvements will be

01:49:40.520 --> 01:49:44.840
 reviewed while we look at the next step in the process if this were to move

01:49:44.840 --> 01:49:49.480
 forward in regards to cladding and civil engineering plants and the like there

01:49:49.480 --> 01:49:53.480
 was a trip generation assessment that was done based on the assessment there

01:49:53.480 --> 01:49:59.440
 was no need for traffic impact analysis therefore it's staff determination that

01:49:59.440 --> 01:50:04.720
 no adverse impacts will result from a single-family residential development

01:50:04.720 --> 01:50:10.040
 regarding public services and facilities we also looked at that and in addition

01:50:10.040 --> 01:50:15.200
 contacted the Argyle School District this actual area is within the Argyle

01:50:15.200 --> 01:50:23.800
 School District boundaries and based on the timing of the development Argyle has

01:50:23.800 --> 01:50:29.220
 informed the applicant in turn informed us that they will be able to meet the

01:50:29.220 --> 01:50:33.920
 capacity of the students that would be generated from this development and

01:50:33.920 --> 01:50:38.560
 again lastly the detailed review of the development will be done through plats

01:50:38.560 --> 01:50:44.440
 and engineering plants when it comes to that stage of the development there was

01:50:44.440 --> 01:50:49.680
 obviously public outreach sent out due to this being a public hearing and as of

01:50:49.680 --> 01:50:55.160
 this evening staff has not received any responses either in opposition or in

01:50:55.160 --> 01:51:02.480
 favor there was no meeting held due to the ruralness and the applicant did not

01:51:02.480 --> 01:51:06.840
 want to it was not a requirement it was mentioned to them and they chose not to

01:51:06.840 --> 01:51:10.920
 have a meeting and again all of the public hearing notices the signage the

01:51:10.920 --> 01:51:16.320
 newspaper and the website notices were all published within the time frame

01:51:16.320 --> 01:51:23.080
 allowed with all that staff recommends approval of this comp plan amendment as

01:51:23.080 --> 01:51:27.240
 it complies with the criteria of approval under those two sections listed

01:51:27.240 --> 01:51:33.080
 here with that I will stand for any questions and the applicant is also will

01:51:33.080 --> 01:51:37.080
 be available during the public hearing for questions and they do also have a

01:51:37.080 --> 01:51:45.640
 presentation was there any questions for Ron Commissioner Smith thank you Ron

01:51:45.640 --> 01:51:52.240
 what's the I think I've asked this or heard anything in a while but what is

01:51:52.240 --> 01:51:57.560
 the latest on 377 is gonna be widened at any point in time here in the near

01:51:57.560 --> 01:52:02.520
 future I do not know that information I know that they are obviously working

01:52:02.520 --> 01:52:08.080
 further north I don't know that status as far as this area of the city yeah we

01:52:08.080 --> 01:52:12.880
 certainly can find out part it's a text doc it's a text daughter is it a it is

01:52:12.880 --> 01:52:18.840
 text on sir if there's any other is any way you could find out from traffic I'd

01:52:18.840 --> 01:52:24.480
 be appreciate just that is a drop in I mean drop her dropping dropping another

01:52:24.480 --> 01:52:32.400
 you know dropping a zoning down or 300 homes can be built is okay yeah I have I

01:52:32.400 --> 01:52:38.040
 believe Brian John is on the call he may be able to help answer that if we can

01:52:38.040 --> 01:52:44.640
 follow up great rock can you hear me yes okay so this is Brian y'all the city

01:52:44.640 --> 01:52:50.040
 traffic engineer text on has pursued schematic designs but I do not believe

01:52:50.040 --> 01:53:00.280
 they have any funding at this point in time for that expansion of 377 so it's I

01:53:00.280 --> 01:53:07.480
 don't know that it's a pending widening project they are looking to the future

01:53:07.480 --> 01:53:13.600
 and they have again they have pursued schematics and they we've looked at some

01:53:13.600 --> 01:53:17.440
 I have seen some drawings to show the widening but they do not have any

01:53:17.440 --> 01:53:23.680
 funding at this point in time Ron can you pull up the map and just point out

01:53:23.680 --> 01:53:29.200
 maybe where the currently right now and maybe Brian you can help out with a

01:53:29.200 --> 01:53:35.160
 cross-street where where is the current expansion of 377 stopping there is it at

01:53:35.160 --> 01:53:40.200
 is that Country Club Road just I believe it's just south of Country Club yes sir

01:53:40.200 --> 01:53:46.840
 okay far south that was going it goes almost to the railroad track bridge got

01:53:46.840 --> 01:53:56.320
 you okay so pretty pretty close to that area but okay and then Ron the the

01:53:56.320 --> 01:54:01.480
 expansion of 28 down through vintage and Bonnie Bray and maybe this is more of a

01:54:01.480 --> 01:54:07.040
 Brian question what are those updated timelines like on those expansions I'm

01:54:07.040 --> 01:54:12.440
 going to turn over to Brian he may be able to answer that better all right so

01:54:12.440 --> 01:54:20.120
 we'll state the question again 288 yeah the the expansion of vintage around I

01:54:20.120 --> 01:54:23.760
 know it's not really connecting into there but it's more just that 288 is

01:54:23.760 --> 01:54:31.560
 connecting its way all the way from 35 all the way down to 35 W that and my

01:54:31.560 --> 01:54:35.480
 understanding is that it's using a piece of vintage to do that over on the other

01:54:35.480 --> 01:54:43.600
 side of 35 W but then so good 288 you're talking about the 288 West project

01:54:43.600 --> 01:54:49.600
 correct they are so the current plan is to build the northbound frontage road

01:54:49.600 --> 01:54:56.800
 and and ultimately this is going to be a controlled access facility a freeway

01:54:56.800 --> 01:55:00.920
 with frontage roads on both sides and the plan currently is to build the

01:55:00.920 --> 01:55:06.520
 northbound frontage road and I think they're in a 2023 2024 time frame for

01:55:06.520 --> 01:55:15.860
 letting so they are currently they've got environmental I believe if I

01:55:15.860 --> 01:55:19.200
 remember correctly they've got environmental clearance and they're now

01:55:19.200 --> 01:55:27.040
 working towards right away acquisition okay so they've got I think well I they

01:55:27.040 --> 01:55:33.840
 have quite a few parcels to acquire okay so three so three or four

01:55:33.840 --> 01:55:36.760
 years basically which look at I know this I know that's a comment's a

01:55:36.760 --> 01:55:41.160
 conversation for that's that's that's that's west of this project site I get

01:55:41.160 --> 01:55:45.840
 that I'm just looking at just regional mobility down there and with Hunter coal

01:55:45.840 --> 01:55:50.080
 ranch coming in the amount of moderate residential authority over there and the

01:55:50.080 --> 01:55:53.800
 amount of moderate residential we're adding there already you know and then

01:55:53.800 --> 01:55:59.400
 I've always had kind of a sensitive spot whenever we're doing any type of things

01:55:59.400 --> 01:56:03.640
 in the city of Denton especially when it borders up against other cities or

01:56:03.640 --> 01:56:08.360
 against ETJ where you don't have you don't have people you have people

01:56:08.360 --> 01:56:12.880
 getting in give me their input because they don't get notified because they're

01:56:12.880 --> 01:56:16.600
 not in the city like you know training and then chipping Camden's you know a

01:56:16.600 --> 01:56:21.280
 stones throw away from this project site none of those folks are all in Argyle

01:56:21.280 --> 01:56:24.560
 and Argyle City limits they don't they don't know about this project existing

01:56:24.560 --> 01:56:28.880
 and so just to be a good neighbor try to try to ask some questions about just

01:56:28.880 --> 01:56:32.680
 mobility so but and then the other question was about Bonnie break the

01:56:32.680 --> 01:56:37.400
 expansion down through there what was the timeline on that connecting in the

01:56:37.400 --> 01:56:44.320
 fourth drive south of the project man and so Bonnie Bray's schedule I would

01:56:44.320 --> 01:56:51.720
 have to go back and look I do not know that off the top my head I know there

01:56:51.720 --> 01:56:56.040
 are segments of Bonnie Bray that are funded in their segments that are not

01:56:56.040 --> 01:57:04.720
 funded so I quite honestly I don't have that answer right now okay thank you

01:57:04.720 --> 01:57:12.520
 Brown appreciate is there any timeline on the signalizing of vintage and 377

01:57:12.520 --> 01:57:18.560
 there's got to be a light coming there right correct and that's part of the

01:57:18.560 --> 01:57:26.640
 vintage project there's a railroad crossing improvements that's going in

01:57:26.640 --> 01:57:31.520
 and I believe the signalization and I know Chandra's on the line as well

01:57:31.520 --> 01:57:38.120
 signalization I believe is part of that vintage project okay great the only

01:57:38.120 --> 01:57:41.160
 thing I want to say and I know we're up against we have three more items and 30

01:57:41.160 --> 01:57:46.560
 minutes before the public meeting it seems to me this this again is probably

01:57:46.560 --> 01:57:50.840
 a larger discussion but we're putting a lot of houses in Denton and I'm concerned

01:57:50.840 --> 01:57:54.320
 that every one of these houses is driving outside of Denton every morning

01:57:54.320 --> 01:57:59.600
 at seven o'clock for work and so I'm wondering on a larger planning scale

01:57:59.600 --> 01:58:04.320
 what is Denton doing to keep these people moving to Denton staying in

01:58:04.320 --> 01:58:09.480
 Denton for their work week because the number of houses that are going in is

01:58:09.480 --> 01:58:14.600
 certainly outpacing the number of actual businesses and I know they'll patron us

01:58:14.600 --> 01:58:19.680
 hopefully they'll get some food here but they're taking their dollars 40 hours a

01:58:19.680 --> 01:58:24.920
 week out of our town and so again that's more of like a soapbox kind of side note

01:58:24.920 --> 01:58:28.800
 but I imagine all these people that moving right now into this location

01:58:28.800 --> 01:58:32.640
 potentially the next couple years are gonna be heading down 377 down to South

01:58:32.640 --> 01:58:39.160
 Lake and West Lake for for their jobs anyways that's just my soapboxes I see

01:58:39.160 --> 01:58:44.720
 all these houses coming in any other questions for Ron Kirscher back yes

01:58:44.720 --> 01:58:50.580
 thank you right can you remind me can you have a future land use map yes we

01:58:50.580 --> 01:58:53.520
 pull that up for you

01:58:53.520 --> 01:59:09.040
 get to real quick so we got a proposing existing and proposed the left is 2015

01:59:09.040 --> 01:59:21.840
 is that correct the left is but the the colorization is 2015 but the usage is

01:59:21.840 --> 01:59:30.440
 current the color is what is the future land use map as approved per the 20 2030

01:59:30.440 --> 01:59:36.040
 plan which was approved in 2015 now he doesn't doesn't reflect what's on the

01:59:36.040 --> 01:59:43.320
 ground is just what the future line use should be so can help me understand when

01:59:43.320 --> 01:59:49.040
 in 2015 when we revised this was that moderate residential there yes this was

01:59:49.040 --> 01:59:56.520
 here and and so at the time we left that as a rural connected to you know I guess

01:59:56.520 --> 02:00:01.080
 what would continue to be rural and now as parks and government and so the

02:00:01.080 --> 02:00:05.520
 thinking at the time was we wanted that to be sort of open lower density land

02:00:05.520 --> 02:00:11.640
 with that moderate residential right in that area it's worth on his ETJ when

02:00:11.640 --> 02:00:15.760
 that was approved right it was it was outside I mean again we were this is

02:00:15.760 --> 02:00:20.480
 actually part of the non annexation agreements so we knew that this was

02:00:20.480 --> 02:00:24.800
 going to be part of the city in the near future as far as how it was going to

02:00:24.800 --> 02:00:30.840
 develop we did not have an idea and to be honest this was undeveloped and we

02:00:30.840 --> 02:00:36.200
 wanted to just place rule because it was obviously undeveloped at the time so that

02:00:36.200 --> 02:00:39.000
 that I guess that's that's actually where I was going with my questioning is

02:00:39.000 --> 02:00:44.360
 this was just a the rural was the default placeholder designation more or

02:00:44.360 --> 02:00:48.560
 less yes and we know that if you look further out of this area as you head

02:00:48.560 --> 02:00:54.880
 south on Fort Worth it becomes more rural but yes that's generally the that

02:00:54.880 --> 02:00:59.960
 was the intent okay and my second last question is that can you I can look for

02:00:59.960 --> 02:01:04.760
 it and I couldn't find what's the definition of adverse on the financial

02:01:04.760 --> 02:01:10.160
 impact statement yeah you're looking for the definition that's what we always say

02:01:10.160 --> 02:01:14.640
 you should not have an adverse impact I couldn't I'm not sure I and I know what

02:01:14.640 --> 02:01:20.440
 adverse is defined as essentially with with regards to the fiscal our fiscal

02:01:20.440 --> 02:01:27.120
 impact analysis is making sure that the development does not cause any impact

02:01:27.120 --> 02:01:33.160
 negative impact probably is probably word to the city as far as providing you

02:01:33.160 --> 02:01:39.040
 know services in in how it budgeted and all that so in retrospect or in the

02:01:39.040 --> 02:01:44.560
 analysis itself it was determined that the property taxes and other indirect

02:01:44.560 --> 02:01:50.160
 taxes that would be that would result from the development would pay for

02:01:50.160 --> 02:01:57.900
 itself so there would not be a cost to the negative right a negative impact it

02:01:57.900 --> 02:02:03.080
 would be neutral or positive so adverse is my question is more actually not for

02:02:03.080 --> 02:02:08.040
 the specific property but it brings it up the definition of adverse is negative

02:02:08.040 --> 02:02:13.920
 it is a is a cost outflow from the city for any given property that is defined as

02:02:13.920 --> 02:02:17.920
 adverse or not adverse in terms of the physical impact analysis okay perfect

02:02:17.920 --> 02:02:26.840
 thank you Ron I appreciate it yeah any other questions for Ron okay thanks Ron

02:02:26.840 --> 02:02:33.400
 appreciate the presentation you have the next one it's 5b 720 - zero zero zero

02:02:33.400 --> 02:02:40.280
 eight and Ron I'm gonna ask you Karina and Christy just be mindful of time if

02:02:40.280 --> 02:02:44.520
 it needs to be more high level and we dive into it in depth that might be

02:02:44.520 --> 02:02:51.200
 preferred so we can try and still hit the post at 630 yes definitely this is

02:02:51.200 --> 02:02:57.480
 the only thing if I may I think most of the presentation it's very similar I

02:02:57.480 --> 02:03:02.480
 think the presentation for the rezoning so I don't know if there were whether

02:03:02.480 --> 02:03:07.240
 Ron goes through at all or if there's specific questions to the to the

02:03:07.240 --> 02:03:12.720
 designation that's being requested we might be able to just move move on to

02:03:12.720 --> 02:03:20.120
 those other two items the thought sure Ellis yeah I mean my thinking is since

02:03:20.120 --> 02:03:25.400
 it's so clearly related to what we just saw I would think we could just ask our

02:03:25.400 --> 02:03:33.640
 questions with regard to the r6 zoning request if that'd be my opinion is there

02:03:33.640 --> 02:03:45.600
 any opposition to that perfect okay so I'll go through the presentation real

02:03:45.600 --> 02:03:53.440
 quick unless no I get it I think maybe just show the slide with with the with

02:03:53.440 --> 02:03:57.800
 the change and if there's questions yeah maybe I misunderstood Commissioner

02:03:57.800 --> 02:04:01.600
 Ellis sorry for the confusion I think we're trying to not skim this one down a

02:04:01.600 --> 02:04:08.880
 little bit skinny it up yes and I was just making sure that was the case all

02:04:08.880 --> 02:04:12.800
 right I was playing on doing it because a lot of slides as Richard mentioned are

02:04:12.800 --> 02:04:16.760
 very similar but I just want to really focus on a couple that are new that are

02:04:16.760 --> 02:04:19.920
 not included in the previous one and this is just to help illustrate the

02:04:19.920 --> 02:04:23.680
 dimensional standards that the development if it were to develop today

02:04:23.680 --> 02:04:27.360
 without any rezoning or comp planning you would have to develop under the RR

02:04:27.360 --> 02:04:32.160
 the residential rural dimensional standards versus what is being proposed

02:04:32.160 --> 02:04:37.640
 as our residential six as you can see here the minimum lot area is a lot less

02:04:37.640 --> 02:04:44.120
 the lot width and lot depth is less and so on and so forth so to meet these

02:04:44.120 --> 02:04:48.720
 dimensional standards the applicant is requesting the r6 this is what the

02:04:48.720 --> 02:04:54.240
 zoning map is shown now as you all know it was annexed into the city which meant

02:04:54.240 --> 02:04:58.520
 that it's not zone and that's why we're here today and the applicant is

02:04:58.520 --> 02:05:03.720
 requesting to only zone the area that she's shown here and again the intent is

02:05:03.720 --> 02:05:08.160
 to match what is currently to the north the area to the east is not being

02:05:08.160 --> 02:05:11.880
 considered at this moment it's just the area shown in black or surrounded by the

02:05:11.880 --> 02:05:18.840
 black line again approval criteria I won't go through most of this there is a

02:05:18.840 --> 02:05:22.680
 section of the code that talks about the zoning map approval criteria very

02:05:22.680 --> 02:05:29.440
 similar to the approval criteria for all applications we've already discussed the

02:05:29.440 --> 02:05:34.040
 comp plan and how it's consistent the adverse impact as far as surrounding

02:05:34.040 --> 02:05:39.200
 properties and then we've thought we talked about that and again based on the

02:05:39.200 --> 02:05:42.640
 notifications that were sent out for both the comp plan and the zoning staff

02:05:42.640 --> 02:05:46.440
 has not received any notices our responses either in opposition or in

02:05:46.440 --> 02:05:52.240
 favor and again staff recommends approval and as said earlier the

02:05:52.240 --> 02:05:55.960
 applicant is will be here during the public hearing and will be able to answer

02:05:55.960 --> 02:06:00.480
 a question and they do have a presentation great I appreciate you

02:06:00.480 --> 02:06:08.320
 trimming that one down I'm sure we can dive in all the questions in the

02:06:08.320 --> 02:06:13.760
 regular meeting thank you Ron for that let's go ahead and move on to item 5c

02:06:13.760 --> 02:06:24.760
 and I'll invite Karina Maldonado to present item s 20 - zero zero zero three C

02:06:32.680 --> 02:06:48.440
 okay give me one second okay so the item today is s 20 zero zero zero three this

02:06:48.440 --> 02:06:55.040
 is a specific use permit for Shady Shores town crossing multifamily just

02:06:55.040 --> 02:06:59.880
 went over the request the the site is approximately 21.96 acres located in the

02:06:59.880 --> 02:07:05.840
 SC suburban corridor district just some brief background this property and the

02:07:05.840 --> 02:07:11.680
 parcel to the south were both brought forward in 2017 for a rezoning from

02:07:11.680 --> 02:07:16.000
 regional center residential and regional center commercial downtown to community

02:07:16.000 --> 02:07:21.920
 community mixed-use general that zoning designation did transition to SC in the

02:07:21.920 --> 02:07:29.200
 2019 transition in October just a just a point of clarification if that zoning

02:07:29.200 --> 02:07:33.660
 had not occurred and remained the same it would have transitioned over to the

02:07:33.660 --> 02:07:40.240
 MR regional mixed-use district so the site plan shown on the screen does

02:07:40.240 --> 02:07:46.120
 reflect five buildings for 300 dwelling units both one unit and two-bedroom I'm

02:07:46.120 --> 02:07:50.920
 sorry one bedroom and two-bedroom units three of sorry four of those buildings

02:07:50.920 --> 02:07:55.480
 are for three story or three story in height and one building which is building

02:07:55.480 --> 02:08:02.120
 to shown in the back in that L shape is a four story building the proposed

02:08:02.120 --> 02:08:07.120
 development is for five shows 518 parking spaces that does include a

02:08:07.120 --> 02:08:12.400
 reduction for motorcycle space substitution also on the site there are

02:08:12.400 --> 02:08:18.800
 three access points one full main access off Shady Shores to the south one egress

02:08:18.800 --> 02:08:23.800
 emergency exit only which is that westernmost driveway and then one right

02:08:23.800 --> 02:08:30.240
 turn in and right turn out driveway off Lakeview there on the east side and the

02:08:30.240 --> 02:08:37.000
 development does also show an 11.6 acre conservation easement which is being

02:08:37.000 --> 02:08:42.280
 used to preserve ESA on the site as well as meet some tree mitigation that is

02:08:42.280 --> 02:08:47.240
 located outside the ESA there are some proposed retaining walls shown in red

02:08:47.240 --> 02:08:52.480
 and due to the construction of that there will be a minor encroachment into

02:08:52.480 --> 02:08:57.600
 ESA which will require an alternative ESA plan that will come before you

02:08:57.600 --> 02:09:02.440
 tonight just after this presentation and then lastly there are some proposed

02:09:02.440 --> 02:09:09.840
 wider sidewalks along Shady Shores and Lakeview the landscape plan does show

02:09:09.840 --> 02:09:14.920
 the required street tree plantings all along Shady Shores and Lakeview

02:09:14.920 --> 02:09:21.240
 Boulevard it does in fact show increased plantings that would extend some

02:09:21.240 --> 02:09:24.840
 required right-of-way screening plantings it does extend those

02:09:24.840 --> 02:09:29.160
 throughout the rest of Shady Shores and Lakeview that would basically add

02:09:29.160 --> 02:09:33.600
 additional screening between those buildings that are up front to close to

02:09:33.600 --> 02:09:40.600
 the right-of-way I will make a note that those are subject to the approval of an

02:09:40.600 --> 02:09:46.200
 easement abandonment there are four easements located they're marked in

02:09:46.200 --> 02:09:52.240
 orange here along the south on Shady Shores and north on Lakeview those were

02:09:52.240 --> 02:09:56.080
 put in when storm storm water requirements or storm water improvements

02:09:56.080 --> 02:10:00.080
 were put in on Shady Shores so the applicant will need to go through an

02:10:00.080 --> 02:10:04.240
 easement abandonment process in order to keep those plantings that are shown

02:10:04.240 --> 02:10:09.320
 there additional plantings on the north are proposed for a buffer between the

02:10:09.320 --> 02:10:16.320
 residential area that was a request by some residents in the in the area through

02:10:16.320 --> 02:10:20.840
 those neighborhood meetings the applicant is also proposing some

02:10:20.840 --> 02:10:26.200
 alternative landscape plantings from what our code requires and really what

02:10:26.200 --> 02:10:30.120
 they're providing for in terms of landscape planning sorry parking lot

02:10:30.120 --> 02:10:36.040
 planting is three partial elements rather than two full elements required by

02:10:36.040 --> 02:10:41.240
 the code and this would actually be one full they fully met the requirement for

02:10:41.240 --> 02:10:46.800
 end caps within the parking lot however for landscape medians that are required

02:10:46.800 --> 02:10:51.760
 to be eight feet they're one foot short so providing seven feet and that is due

02:10:51.760 --> 02:10:56.360
 to right-of-way dedication requirements as well as a 20-foot easement that's

02:10:56.360 --> 02:11:01.240
 required that kind of limits the amount of space they would have for safe access

02:11:01.240 --> 02:11:07.160
 within the site and they are also still proposing landscaped islands every 10

02:11:07.160 --> 02:11:11.440
 feet there they're short in some areas like right right at the front of Shady

02:11:11.440 --> 02:11:16.000
 Shores excuse me but they are providing at least three partial elements to meet

02:11:16.000 --> 02:11:19.960
 that landscape requirement and this is allowed through the alternative landscape

02:11:19.960 --> 02:11:26.360
 alternative landscape plan deviation within the code they are also providing

02:11:26.360 --> 02:11:31.400
 the required 8% open space as well as active and passive recreation within the

02:11:31.400 --> 02:11:35.920
 site that includes a resort style pool located on the western part of the site

02:11:35.920 --> 02:11:41.400
 some picnic and grilling areas as well as a dog park here to the north they do

02:11:41.400 --> 02:11:45.760
 also include a fitness center that is located within the leasing building

02:11:45.760 --> 02:11:52.320
 building to for for the residents to kind of use the site rather than going

02:11:52.320 --> 02:11:58.240
 outside the area overall they're providing 30% landscaped area and 38%

02:11:58.240 --> 02:12:02.760
 tree canopy area and this is in excess of the minimum 20% landscaped area for

02:12:02.760 --> 02:12:10.560
 the SC district as well as 30% tree canopy for this zoning district before I

02:12:10.560 --> 02:12:14.000
 jump into tree preservation I did want to highlight that this site did go

02:12:14.000 --> 02:12:18.640
 through an ESA field assessment this was conducted by a third party last summer

02:12:18.640 --> 02:12:23.360
 but was finalized in February of 2020 the main highlights from this were that

02:12:23.360 --> 02:12:29.400
 the cross timbers upland habitat shown in green on the top of the screen this

02:12:29.400 --> 02:12:33.640
 was removed as part of this this assessment due to fragmentation of the

02:12:33.640 --> 02:12:39.720
 forest and this is because it did not meet the minimum requirements for being

02:12:39.720 --> 02:12:45.520
 continuous area of 10 acres or more and so the largest area shown was roughly

02:12:45.520 --> 02:12:50.800
 less than six acres so that designation was removed which allowed for more

02:12:50.800 --> 02:12:55.920
 development on the site the ESA field assessment did establish that there was

02:12:55.920 --> 02:13:01.300
 floodplain ESA this is based on the FEMA hundred-year floodplain map this is

02:13:01.300 --> 02:13:06.320
 undeveloped floodplain in a natural condition it did also confirm to stream

02:13:06.320 --> 02:13:11.360
 segment segments which indicated the presence of riparian buffer both 50 foot

02:13:11.360 --> 02:13:15.680
 and a hundred foot and so that is this green area and then brown area on the

02:13:15.680 --> 02:13:20.640
 screen and lastly they it did also confirm water related habitat which is

02:13:20.640 --> 02:13:25.720
 non-wetland and so this is important because development when within the

02:13:25.720 --> 02:13:31.600
 established ESAs is prohibited in most instances except with some exceptions

02:13:31.600 --> 02:13:38.760
 through the AESA process tree preservation as I mentioned is does not

02:13:38.760 --> 02:13:44.360
 include the ESA area which is all of this area within the orange border that

02:13:44.360 --> 02:13:49.720
 encompasses roughly 50% of the site so this this project was significantly

02:13:49.720 --> 02:13:54.040
 limited and where they could develop and they maximize the site as much as they

02:13:54.040 --> 02:13:59.520
 could they are meeting minimum preservation at a reduced rate of 20% and

02:13:59.520 --> 02:14:03.600
 this is allowed with 10% that 10% difference being mitigated at a higher

02:14:03.600 --> 02:14:10.440
 rate and so to demonstrate compliance they are proposing replacement plantings

02:14:10.440 --> 02:14:13.880
 I'm sorry let me take a step back preservation the 20% is all being

02:14:13.880 --> 02:14:18.840
 encompassed in this area on the western part of the site conservation plantings

02:14:18.840 --> 02:14:22.240
 are being proposed to meet the mitigation requirements and that will

02:14:22.240 --> 02:14:27.360
 take or that will be planted within this kind of meadow area here other

02:14:27.360 --> 02:14:32.280
 alternatives allowed within the Denton Development Code include utilization of

02:14:32.280 --> 02:14:35.400
 the Denton Wildscape program which is something new and something that they're

02:14:35.400 --> 02:14:41.880
 exploring as well as payment in lieu so staff did add a condition to the site

02:14:41.880 --> 02:14:45.680
 related to how they would mitigate and I'll talk to that speak to that later in

02:14:45.680 --> 02:14:51.280
 the presentation I won't go over the elevations right now they are proposing

02:14:51.280 --> 02:14:57.280
 some two various site plans three of the buildings will follow this site plan

02:14:57.280 --> 02:15:01.560
 sorry these elevations building three located on the corner will have a

02:15:01.560 --> 02:15:09.160
 slightly varied elevation and then the four story building of course will be

02:15:09.160 --> 02:15:12.720
 different in that it's four stories in height and would also include the leasing

02:15:12.720 --> 02:15:18.840
 center the surrounding development so the property is shown here in yellow it

02:15:18.840 --> 02:15:23.560
 is surrounded by residential single-family homes to the north that's

02:15:23.560 --> 02:15:28.400
 moderate residential which is approximately five dwelling units per

02:15:28.400 --> 02:15:37.440
 acre excuse me there is a buffer between the site and those residential homes it

02:15:37.440 --> 02:15:44.160
 is a park space as well as trails there is also the DCTA a train rail line which

02:15:44.160 --> 02:15:50.960
 covers about a hundred feet of easement between the site also you'll see areas

02:15:50.960 --> 02:15:57.480
 in pink those are undeveloped land that have a higher intensity zoning the areas

02:15:57.480 --> 02:16:03.000
 in red encompass existing car dealerships and then you'll see the orange

02:16:03.000 --> 02:16:08.120
 area to the east side which basically mirrors the development off Lakeview is

02:16:08.120 --> 02:16:13.360
 an existing multifamily that went in in about 2007 and has approximately 15

02:16:13.360 --> 02:16:18.240
 dwelling units per acre I will note that the proposed development would roughly

02:16:18.240 --> 02:16:24.800
 gross out to 13 dwelling units per acre hey Karina enjoy the presentation thus

02:16:24.800 --> 02:16:29.720
 far but I want to know Christy still has a little bit is there a way we kind of

02:16:29.720 --> 02:16:33.920
 skip or maybe high level kind of get the rest done so we can get at least an

02:16:33.920 --> 02:16:38.040
 overview of Christie's presentation yes sir I can do that awesome thank you so

02:16:38.040 --> 02:16:43.280
 I'll skip over the criteria for approval we very briefly talked about the

02:16:43.280 --> 02:16:47.160
 surrounding development is really just highlighting or mirroring what is

02:16:47.160 --> 02:16:52.120
 existed existing off Lakeview and I'll go into more detail later it is in

02:16:52.120 --> 02:16:55.600
 compliance with the future land use which has four designations on the site

02:16:55.600 --> 02:17:01.480
 primarily community mixed youth regional mixed use but it is in line with both of

02:17:01.480 --> 02:17:09.320
 those the other two minor designations are low residential and park space big

02:17:09.320 --> 02:17:15.840
 highlights on this site are traffic the site itself will generate daily 1632

02:17:15.840 --> 02:17:21.560
 trips within a 24-hour period the intersection itself will only net

02:17:21.560 --> 02:17:29.020
 increase 145 trips so the TIA that was conducted for this site did indicate

02:17:29.020 --> 02:17:34.280
 that signal is warranted due to the existing development at that

02:17:34.280 --> 02:17:38.320
 intersection the developer would be responsible for the proportional cost of

02:17:38.320 --> 02:17:43.760
 that signal which is roughly 5% another highlight regarding Lakeview is a

02:17:43.760 --> 02:17:47.800
 primary arterial and shady shores is a collector currently under the mobility

02:17:47.800 --> 02:17:53.440
 plan however the 2020 proposed mobility plan it proposes shady shores as a local

02:17:53.440 --> 02:18:01.280
 street the TIA did also taken into account multimodal access bike ped was

02:18:01.280 --> 02:18:06.520
 big for this so Lakeview and shady shores will have those enhanced or wider

02:18:06.520 --> 02:18:11.280
 sidewalks in line with the recommendation they're also proposing a

02:18:11.280 --> 02:18:15.440
 crosswalk on the north side to connect into the dedicated trail that runs

02:18:15.440 --> 02:18:22.480
 along the DCT a train rail line no transit is located in this area but the

02:18:22.480 --> 02:18:28.040
 TIA did call for kind of just considering that in the future water is

02:18:28.040 --> 02:18:33.160
 available to the site and can serve this development wastewater however is not

02:18:33.160 --> 02:18:37.960
 available adjacent to the property so they will have to extend from the site

02:18:37.960 --> 02:18:43.520
 to this yellow square here in order to serve the property the existing capacity

02:18:43.520 --> 02:18:50.120
 based on the demand is is insufficient so they will likely have to provide some

02:18:50.120 --> 02:18:54.440
 sort of improvement whether that is upsizing the line between the score and

02:18:54.440 --> 02:19:01.840
 triangle and or providing some capacity or pumping capacity at the lift station

02:19:01.840 --> 02:19:07.440
 that's located further up north off of Lakeview so that is also part of one of

02:19:07.440 --> 02:19:11.760
 the recommendations for approval of this of this project they do have part access

02:19:11.760 --> 02:19:17.320
 just across from the rail line the schools within the area do have capacity

02:19:17.320 --> 02:19:24.760
 we did send out public notices to those within 200 and 500 feet nobody within

02:19:24.760 --> 02:19:29.840
 200 feet responded however we did get about two or three I need to update my

02:19:29.840 --> 02:19:36.760
 numbers about two people within I'm sorry that's that's not right but 500

02:19:36.760 --> 02:19:40.160
 feet we did have about three people respond and then we had a majority of

02:19:40.160 --> 02:19:44.720
 people outside of the 500 foot boundary that responded with opposition to this

02:19:44.720 --> 02:19:51.560
 project recommendations for approval as I mentioned one of the kind of typical

02:19:51.560 --> 02:19:55.760
 conditions that we have is related to landscaping which just allows staff to

02:19:55.760 --> 02:20:01.240
 make minor modifications or administrative modifications which is

02:20:01.240 --> 02:20:06.560
 pretty standard tree preservation this goes back to they meet the minimum tree

02:20:06.560 --> 02:20:12.240
 preservation based on a reduced percentage and so staff is asking that

02:20:12.240 --> 02:20:19.440
 we be able to work with them on how they mitigate the site so whether they use

02:20:19.440 --> 02:20:23.520
 conservation plantings or the Denton Wildscape program or payment in lieu

02:20:23.520 --> 02:20:29.040
 third is just ensuring that whenever the development does go through

02:20:29.040 --> 02:20:35.000
 construction that they also construct the sidewalks at that same time the sewer

02:20:35.000 --> 02:20:40.480
 extension condition was revised per the applicant's request and staff did not

02:20:40.480 --> 02:20:45.080
 have issues with the revised language shown in red which just more generalizes

02:20:45.080 --> 02:20:51.080
 that improvements would be required rather than specifically calling out the

02:20:51.080 --> 02:20:56.960
 specific upgrade to those improvements as I mentioned easement abandonment would

02:20:56.960 --> 02:21:01.320
 be required for those areas along Shady Shores and to ensure that the

02:21:01.320 --> 02:21:07.920
 landscaping can go through as proposed and then Christie will go through the

02:21:07.920 --> 02:21:11.680
 alternative ESA plan which would be approval would be required in order to

02:21:11.680 --> 02:21:19.120
 move forward and with that this is just kind of another just overlying what

02:21:19.120 --> 02:21:23.960
 they're providing with the plan and with that I can take any questions or we can

02:21:23.960 --> 02:21:29.440
 move on to Christy yeah I think for the sake of time we'll halt questions I

02:21:29.440 --> 02:21:33.720
 appreciate the presentation and you trying to expedite that and look at the

02:21:33.720 --> 02:21:42.760
 time it's 625 we have a regular meeting at 630 and so I wasn't asked Richard his

02:21:42.760 --> 02:21:48.640
 input but I'm thinking we'll just table 5d so we can take a break and then come

02:21:48.640 --> 02:21:52.840
 back let me verify if that's fine is there anyone who has opposition to

02:21:52.840 --> 02:21:59.120
 tabling 5d until we're here hey Richard are you okay with us not hearing

02:21:59.120 --> 02:22:03.680
 5d and work sessions hearing a public hearing I think I think I think that's

02:22:03.680 --> 02:22:06.800
 fine I just wanted one thing I wanted to mention I was clarifying something with

02:22:06.800 --> 02:22:16.960
 with with Christy I well well it is correct yes if the alt ESA is just if it

02:22:16.960 --> 02:22:22.880
 is denied at council does that mean the SUP is denied to some extent yes because

02:22:22.880 --> 02:22:26.800
 that plan is based upon that alt ESA but it would require at that point in time

02:22:26.800 --> 02:22:30.080
 it would require a modification to that plan so just just wanted to clarify

02:22:30.080 --> 02:22:35.400
 that that if that was denied they would still they could still come back with an

02:22:35.400 --> 02:22:40.440
 SUP would just have to be a different plan that doesn't modify that ESA I got

02:22:40.440 --> 02:22:46.240
 you because you're back did you have a question okay great so what I'm gonna do

02:22:46.240 --> 02:22:52.760
 is it's 626 I'm gonna close the work session now let's meet back here at 635

02:22:52.760 --> 02:22:56.040
 I know it's a quick turnaround but that'll get us going for the regular

02:22:56.040 --> 02:23:08.220
 session so that's nine minutes six thirty five thank you ladies and

02:23:08.220 --> 02:23:12.920
 gentlemen and welcome to the planning and zoning regular session meeting for

02:23:12.920 --> 02:23:17.920
 November 4th 2020 seeing we have a quorum I'll call the meeting to order at

02:23:17.920 --> 02:23:23.040
 637 thank you for being patient with us as we had a slight delay and work

02:23:23.040 --> 02:23:26.440
 session that being said let's go ahead and jump right into the agenda the first

02:23:26.440 --> 02:23:32.200
 item is to provide a pledge allegiance to the US and Texas flag commissioners

02:23:32.200 --> 02:23:37.680
 you can unmute yourself to join along with me if you so choose I pledge

02:23:37.680 --> 02:23:52.540
 allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all honor the

02:23:52.540 --> 02:24:01.960
 Texas flag I pledge allegiance to the Texas one state under God one indivisible

02:24:01.960 --> 02:24:06.520
 next item of business is item two the consideration of the October 21st

02:24:06.520 --> 02:24:11.520
 minutes Commissioner Smith make a motion to approve we have a first for approval

02:24:11.520 --> 02:24:16.760
 Commissioner Anderson I second we have a first and a second for approval is there

02:24:16.760 --> 02:24:22.200
 any discussion on the item seeing none I'll call for a vote via roll call we'll

02:24:22.200 --> 02:24:26.320
 start with Commissioner Beck I Mr. Anderson hi

02:24:26.320 --> 02:24:36.720
 Mr. Smith hi Mr. Ellis I Mr. Cole I Mr. Pernitta I chairs also an I motion

02:24:36.720 --> 02:24:42.360
 carries 7-0 the next item of business is the consent agenda

02:24:42.360 --> 02:24:49.120
 Mr. Ellis I move approval we have a first for approval

02:24:49.120 --> 02:24:54.040
 Commissioner Smith we have a first and a second for approval for the consent

02:24:54.040 --> 02:24:59.160
 agenda any discussion seeing none I'll call for a vote via roll call

02:24:59.160 --> 02:25:09.880
 Commissioner Beck I Mr. Anderson I Mr. Smith I Mr. Ellis I Mr. Cole I Mr.

02:25:09.880 --> 02:25:16.320
 Pernitta I chairs also an I motion carries 7-0 the next item of business is

02:25:16.320 --> 02:25:19.760
 our items for individual considerations starting with our Planning and Zoning

02:25:19.760 --> 02:25:24.760
 Commission calendar for 2021 Commissioner Smith make a motion to

02:25:24.760 --> 02:25:31.160
 approve we have a first for approval Commissioner Cole second we have a first

02:25:31.160 --> 02:25:37.040
 and a second for approval of the calendar for 2021 any discussion seeing

02:25:37.040 --> 02:25:42.640
 none I'll call for a vote via roll call Commissioner Beck I Mr. Anderson I

02:25:42.640 --> 02:25:52.560
 Mr. Smith I Mr. Ellis I Mr. Cole I Mr. Pernitta I chairs also an I motion

02:25:52.560 --> 02:26:00.920
 carries 7-0 the next item of business is item 4B FP 20-0026 this is Karina

02:26:00.920 --> 02:26:05.640
 Maldonado's item and I'll turn the floor over to her

02:26:12.680 --> 02:26:18.200
 all right so before you is a final plat 20-0026 this is a final plat for

02:26:18.200 --> 02:26:23.520
 Worthington Industrial Office which is a one one industrial lot off of

02:26:23.520 --> 02:26:27.640
 Worthington and Shuler staff is recommending approval of this request

02:26:27.640 --> 02:26:31.560
 as it currently meets the established requirements outlined in exhibit 2

02:26:31.560 --> 02:26:36.920
 however the applicant is proposing some last-minute changes to their plat during

02:26:36.920 --> 02:26:41.000
 this the civil engineering process so they intend to alter their water plan

02:26:41.000 --> 02:26:45.660
 which will require alterations to the current sorry the current easements

02:26:45.660 --> 02:26:49.360
 shown here on the screen so the applicant is requesting a 30-day

02:26:49.360 --> 02:26:54.800
 extension to a date certain of November 18th great thank you Karina

02:26:54.800 --> 02:27:00.360
 Commissioner Smith make a motion to approve the extension today certain of

02:27:00.360 --> 02:27:05.360
 November 18 2020 a motion to approve the request for a 30-day extension to

02:27:05.360 --> 02:27:10.760
 November 18th Commissioner Anderson second the motion we have first and a

02:27:10.760 --> 02:27:16.480
 second to accept the request from the applicant to extend 30 days to a date

02:27:16.480 --> 02:27:23.320
 certain of November 18th any discussion Commissioner Beck can you Karina can you

02:27:23.320 --> 02:27:27.680
 briefly thank you chair can you really really briefly just delineate the

02:27:27.680 --> 02:27:32.000
 changes in the water plan I don't actually have that information off the

02:27:32.000 --> 02:27:36.440
 top of my head right now this was kind of like a last-minute request that came

02:27:36.440 --> 02:27:41.560
 in on Friday but they will probably be coming back around very quickly no no I

02:27:41.560 --> 02:27:45.840
 was I was just trying to get some advanced warning about what was coming

02:27:45.840 --> 02:27:49.040
 yeah to my knowledge it was just something that came up during a

02:27:49.040 --> 02:27:53.880
 pre-construction meeting just the location I believe of their taps might

02:27:53.880 --> 02:27:58.560
 have just they they just decided to alter rather than having lines going

02:27:58.560 --> 02:28:05.120
 within the development I believe these would be coming off okay thank you any

02:28:05.120 --> 02:28:10.640
 other discussion scene nine I'll call for a vote via roll call Commissioner Beck

02:28:10.640 --> 02:28:16.720
 aye Commissioner Anderson aye Commissioner Ellis aye Commissioner Cole

02:28:16.720 --> 02:28:23.800
 all Commissioner Pernetta aye Commissioner Smith aye chair is also an

02:28:23.800 --> 02:28:29.840
 aye motion carries seven zero the next item is also Karina's item it's 4c pp 20

02:28:29.840 --> 02:28:34.960
 - 0 0 2 2 and I'll turn the floor back over to her yes this is a preliminary

02:28:34.960 --> 02:28:43.240
 plat of pp 20 - 0 0 22 for about 13 residential lots located off of Fort

02:28:43.240 --> 02:28:48.520
 Worth Drive and Fairview Drive this is south of Brush Creek staff is

02:28:48.520 --> 02:28:51.840
 recommending denial this request as it currently does not meet the established

02:28:51.840 --> 02:28:56.400
 requirements the applicant has requested an extension to December

02:28:56.400 --> 02:29:02.160
 2nd all right thank you Commissioner Smith make a motion to approve the

02:29:02.160 --> 02:29:06.240
 extension to date certain December 2nd here we have first to approve the

02:29:06.240 --> 02:29:11.160
 request for an extension to date certain of December 2nd

02:29:11.160 --> 02:29:18.400
 Commissioner Ellis second we have a first and a second any discussion seeing

02:29:18.400 --> 02:29:22.240
 none I'll call for a vote be a roll call starting with Commissioner Beck aye

02:29:22.240 --> 02:29:28.080
 Commissioner Anderson aye Commissioner Ellis aye Commissioner Cole aye

02:29:28.080 --> 02:29:33.760
 Commissioner Pernetta aye Commissioner Smith aye chair is also an aye motion

02:29:33.760 --> 02:29:38.600
 carries seven zero the last item for individual consideration is item 4d it's

02:29:38.600 --> 02:29:58.040
 ADP 20 - 0 0 0 1 and I'll invite Julie Wyatt for presentation good evening

02:29:58.040 --> 02:30:19.640
 let me pull up my presentation okay good evening I'm Julie Wyatt I'm presenting

02:30:19.640 --> 02:30:25.480
 ADP 20 - 0 0 0 1 at Gavé Ranch the request before you is for an alternative

02:30:25.480 --> 02:30:29.400
 development plan for a single-family development on 92 acres outlined in

02:30:29.400 --> 02:30:35.200
 yellow it's adjacent to FM 428 north of Hartley Field Road the purpose of the

02:30:35.200 --> 02:30:40.360
 request is to deviate from sub chapter 13 of the of the 2002 debt and

02:30:40.360 --> 02:30:44.480
 development code specifically related to architecture of the single-family

02:30:44.480 --> 02:30:49.440
 residential dwellings so the zoning for the property was approved in Joe in July

02:30:49.440 --> 02:30:54.920
 of last year which was a combination of NR 3 and NR 2 with overlay conditions it

02:30:54.920 --> 02:31:01.180
 transitioned to PD with the 2019 code and due to the project submittal timing

02:31:01.180 --> 02:31:06.360
 the proposal is being reviewed under the 2002 regulations which includes the ADP

02:31:06.360 --> 02:31:11.020
 process and the residential standards we're talking about tonight just

02:31:11.020 --> 02:31:17.200
 quickly to go over those those requirements lots under 10,000 square

02:31:17.200 --> 02:31:22.280
 feet are required to comply with certain residential standards within the 2002

02:31:22.280 --> 02:31:25.960
 debt and development code as this applies to the agave Ranch development

02:31:25.960 --> 02:31:32.280
 there are 219 lots that are less than 10,000 square feet 33 lots are larger

02:31:32.280 --> 02:31:35.800
 than 10,000 square feet it would not have to comply with the requirements

02:31:35.800 --> 02:31:41.280
 there are three standards that they are requesting deviations from the first one

02:31:41.280 --> 02:31:45.600
 would be design features and that is a selection of three items from a list

02:31:45.600 --> 02:31:49.520
 that is outlined in the debt and development code the second is for

02:31:49.520 --> 02:31:55.200
 garage and specifically that front entry garages could not extend past that front

02:31:55.200 --> 02:32:00.520
 building wall plus they could not be larger than 40% of that total brick

02:32:00.520 --> 02:32:06.600
 building frontage and then windows and doors the 2002 debt and development code

02:32:06.600 --> 02:32:11.880
 required 25% windows and doors on the front facade unless that that garage

02:32:11.880 --> 02:32:18.600
 door so there are two builders that are looking to develop in the agave Ranch

02:32:18.600 --> 02:32:24.200
 development and we'll take each of those design features separately so they do

02:32:24.200 --> 02:32:29.000
 have concerns regarding those first first regarding design features those

02:32:29.000 --> 02:32:35.060
 plans with recessed entries for both builders are only contained to design

02:32:35.060 --> 02:32:40.880
 features typically based upon the list that the development code has the

02:32:40.880 --> 02:32:44.900
 applicant is proposing a revision to that list to replace cupolas and bay

02:32:44.900 --> 02:32:48.920
 windows with enhanced landscaping which includes foundation plantings and

02:32:48.920 --> 02:32:53.720
 decorative edging as well as a large lot tree which is in in addition to what the

02:32:53.720 --> 02:32:58.760
 2002 debt and development code required as that 2002 didn't development code

02:32:58.760 --> 02:33:02.560
 only required street trees for residential development they're also

02:33:02.560 --> 02:33:08.360
 proposing a minimum roof pitch of 612 and then they they as part of their

02:33:08.360 --> 02:33:12.280
 request it would require four design features instead of the three as

02:33:12.280 --> 02:33:18.200
 required by the 2002 DDC so just to let you see what that roof pitch looks like

02:33:18.200 --> 02:33:26.440
 here's is a visual of that I'm second regarding the garage door both both

02:33:26.440 --> 02:33:32.880
 proposed builders do have plans where the the garage door would would extend

02:33:32.880 --> 02:33:38.480
 forward of the front building line as well as exceed that 40% maximum so the

02:33:38.480 --> 02:33:44.760
 applicant is proposing a deviation where those front entry garages could extend

02:33:44.760 --> 02:33:49.640
 forward up to 6 feet from the front from the front building plane of the house

02:33:49.640 --> 02:33:54.440
 that is nearest in setback distance to the garage door plane and 11 feet from

02:33:54.440 --> 02:33:58.920
 that recess front door and this would could only apply to 40% of the total

02:33:58.920 --> 02:34:06.240
 product and then they're also proposing for two car garages that that garage

02:34:06.240 --> 02:34:12.200
 door could not occupy more than 45% of the total building frontage and 55% for

02:34:12.200 --> 02:34:15.840
 three car garages once again they're proposing that this could only apply to

02:34:15.840 --> 02:34:25.840
 45% of the product and here is and here is a visual of what that looks like the

02:34:25.840 --> 02:34:30.720
 the garage would extend if approved six feet from the front building line and

02:34:30.720 --> 02:34:40.640
 11 feet from that recessed front door the windows and doors they are several

02:34:40.640 --> 02:34:46.160
 of their plans do not meet that minimum 25% so they are proposing a variation

02:34:46.160 --> 02:34:54.440
 from that and that is to comprise 15% of the wall area plus to enhance design

02:34:54.440 --> 02:34:58.440
 features from a menu including decorative shutters decorative brick

02:34:58.440 --> 02:35:02.600
 details coach lights divided light windows decorative garage door hardware

02:35:02.600 --> 02:35:08.280
 or decorative cedar shake or stucco board accents and the gables so we've

02:35:08.280 --> 02:35:12.440
 got in your backup as well as in the presentation several several

02:35:12.440 --> 02:35:17.360
 elevations which sort of demonstrate what these deviations would be and and

02:35:17.360 --> 02:35:23.520
 for example this builder wine shows a the what those design elements would look

02:35:23.520 --> 02:35:32.520
 like in terms of gables recessed porches and dormers as well as how those garage

02:35:32.520 --> 02:35:37.760
 doors would affect those building elevations for example this this

02:35:37.760 --> 02:35:43.720
 elevation shows a 48% garage door frontage and then finally the windows

02:35:43.720 --> 02:35:50.360
 and doors for instance this elevation here shows 20% windows and doors but the

02:35:50.360 --> 02:35:55.240
 addition of the shutters and the herringbone brick detailing builder to

02:35:55.240 --> 02:36:03.120
 elevations also show a variety of those deviations the they showed the gables

02:36:03.120 --> 02:36:10.120
 the the roof pitch as proposed as well as some of them would require that

02:36:10.120 --> 02:36:17.480
 enhanced landscape package as proposed this garage door here as you can see it

02:36:17.480 --> 02:36:22.480
 extends eight feet in front of that build of the the front I'm sorry the

02:36:22.480 --> 02:36:27.760
 front door of this elevation and then several of their plans do not meet that

02:36:27.760 --> 02:36:32.620
 minimum windows and doors for example this elevation here has 19% windows and

02:36:32.620 --> 02:36:39.480
 doors but with the addition of the coach light and the in the shutters the

02:36:39.480 --> 02:36:45.800
 criteria for approval is in the subject 13 development code first preserved

02:36:45.800 --> 02:36:49.520
 existing neighborhoods the additional elements apply to all lots within the

02:36:49.520 --> 02:36:54.920
 neighborhood and that includes lots over 10,000 square feet so it would be in

02:36:54.920 --> 02:37:00.460
 excess of what the 2002 code would require their proposal shows home

02:37:00.460 --> 02:37:03.760
 designs or home plans that are consistent with the surrounding

02:37:03.760 --> 02:37:09.000
 architecture one and two-story plans two and three car garages as well as

02:37:09.000 --> 02:37:14.800
 traditional forms and details the request is not intended to lower design

02:37:14.800 --> 02:37:19.840
 standards and apart from the request all other subchapter 13 requirements are met

02:37:19.840 --> 02:37:24.380
 so it does comply with the assure quality development criteria focus new

02:37:24.380 --> 02:37:27.880
 development on activity centers this development was approved by ordinance

02:37:27.880 --> 02:37:34.480
 last year ensure existing infrastructure that the property has is going through

02:37:34.480 --> 02:37:38.200
 the platting process and engineering has determined that there's adequate

02:37:38.200 --> 02:37:42.400
 capacity and then finally that the proposal would result in a high quality

02:37:42.400 --> 02:37:47.000
 development and we're gonna take each of those elements independently so first

02:37:47.000 --> 02:37:51.880
 the intent of those design features are to reduce that mass of the building

02:37:51.880 --> 02:37:55.600
 discourage blank walls and really encourage visually interesting places

02:37:55.600 --> 02:37:59.560
 the proposal is consistent with the residential character that that we

02:37:59.560 --> 02:38:03.560
 typically see in Denton and that enhanced landscaping could increase the

02:38:03.560 --> 02:38:07.800
 overall tree canopy provide visual interest and also reduce the amount of

02:38:07.800 --> 02:38:13.360
 turf grass in the front yard the garage requirements in the 2002 Denton

02:38:13.360 --> 02:38:16.960
 Development Code are intended to reduce the visual impacts of front facing

02:38:16.960 --> 02:38:23.780
 garages the Ford extensions are limited as well as those additional percentage is

02:38:23.780 --> 02:38:29.280
 also limited and and it would not what they're proposing does not overwhelm the

02:38:29.280 --> 02:38:33.160
 front facade or conceal the front door so it does meet the intent of the

02:38:33.160 --> 02:38:37.920
 requirement and finally the windows and doors those are intended to increase

02:38:37.920 --> 02:38:41.720
 building transparency and discourage blank walls and with the adoption of the

02:38:41.720 --> 02:38:47.400
 2019 DDC the requirement was modified to minimum 15% windows and doors and this

02:38:47.400 --> 02:38:51.680
 proposal is consistent with current regulations in addition they are at they

02:38:51.680 --> 02:38:57.080
 are proposing to add additional decorative elements above those 2019

02:38:57.080 --> 02:39:03.800
 regulations as shown on those example elevations and so based upon the

02:39:03.800 --> 02:39:07.320
 criteria for approval staff does recommend approval of the request and

02:39:07.320 --> 02:39:12.000
 I'll be happy to stand for any questions and I believe the applicant is available

02:39:12.000 --> 02:39:17.960
 and has a presentation as well any questions for Julie before we hear the

02:39:17.960 --> 02:39:24.000
 applicant's presentation I don't see any Julie thank you and then if the

02:39:24.000 --> 02:39:29.880
 applicant is available they just state their name and address for the record

02:39:29.880 --> 02:39:36.240
 and then Julia are you pulling up their presentation on our end I am fantastic

02:39:36.240 --> 02:39:41.480
 good evening commissioners this is Amy Bissett with 97 land company I represent

02:39:41.480 --> 02:39:47.120
 the developer with Agave Ranch as well as the home builders and while Julie's

02:39:47.120 --> 02:39:50.560
 pulling up the presentation first of all I want to make sure you guys can hear me

02:39:50.560 --> 02:39:56.800
 we can and your presentation's up okay great excellent and I want to introduce

02:39:56.800 --> 02:40:02.200
 the two home builders that we do have on board for this project that we are

02:40:02.200 --> 02:40:06.520
 seeking these variances for and they are also on the phone in case you have

02:40:06.520 --> 02:40:12.840
 specific questions related to their architecture or the market that that

02:40:12.840 --> 02:40:15.880
 they're responding to in terms of the type of products they're bringing to

02:40:15.880 --> 02:40:21.640
 Fitton Michael Dewar and Shannon Ray are on the phone with khop Manny and homes

02:40:21.640 --> 02:40:29.480
 and Garrett Lust is also on the line with David and Julie we're just gonna

02:40:29.480 --> 02:40:32.640
 jump right in I think I'll be very brief and you can go ahead and change the

02:40:32.640 --> 02:40:39.360
 slide thank you and as Julie mentioned we did rezone in 2019 and the zoning is

02:40:39.360 --> 02:40:45.120
 currently a PD that with a base zoning of NR2 and NR3 we do have some

02:40:45.120 --> 02:40:49.720
 significant overlay conditions for those of you that were on the commission at

02:40:49.720 --> 02:40:54.600
 the time that that was considered and we have a 30-foot landscape buffer along

02:40:54.600 --> 02:41:01.080
 the entire frontage of loop I'm sorry of highway 428 15 percent preserved open

02:41:01.080 --> 02:41:07.760
 space a multi-purpose trail system nine pocket parts and three ponds and this

02:41:07.760 --> 02:41:15.520
 type of elevated the elevated residential subdivision has attracted

02:41:15.520 --> 02:41:22.560
 these two home builders that have been inactive in Denton within the last 15 to

02:41:22.560 --> 02:41:28.200
 20 years if having done development previously we did come back to you guys

02:41:28.200 --> 02:41:32.520
 in August of this year and got an approved general development plan and

02:41:32.520 --> 02:41:39.000
 preliminary plat and we're currently in full design of civil construction plans

02:41:39.000 --> 02:41:43.920
 and obviously we're bringing our builder variances to you this evening next slide

02:41:43.920 --> 02:41:53.160
 please just a very brief reminder this is 92 acres with a maximum of 272 lots

02:41:53.160 --> 02:42:02.040
 and an overall net density of 2.7 units per acre go ahead Julie just wanted to

02:42:02.040 --> 02:42:08.040
 put our variances side-by-side between what the basic criteria is in the 2002

02:42:08.040 --> 02:42:12.680
 development code and what we are proposing this first variance is related

02:42:12.680 --> 02:42:18.880
 to alternative design features both of our home builders found that cupolas and

02:42:18.880 --> 02:42:24.480
 bay windows were just not the current market for their product so they have

02:42:24.480 --> 02:42:29.960
 proposed and the enhanced landscaping package and minimum roof pitch and in

02:42:29.960 --> 02:42:36.960
 lieu of those two design features next slide please I Julie did show the

02:42:36.960 --> 02:42:41.760
 exhibit related to the roof pitch earlier but I wanted to show it compared

02:42:41.760 --> 02:42:46.280
 with what is required by code which is a 412 roof pitch so essentially what

02:42:46.280 --> 02:42:53.600
 you're looking at is a steeper roof on the on the main the main roof pitch and

02:42:53.600 --> 02:42:58.640
 then on the enhanced landscape package Julie went through that but we are

02:42:58.640 --> 02:43:05.160
 looking at doubling the requirement of trees for each yard or lot each one is

02:43:05.160 --> 02:43:09.360
 currently required to have a street tree but we will we're proposing an

02:43:09.360 --> 02:43:17.640
 additional shade tree per lot as well as foundation planting next slide please on

02:43:17.640 --> 02:43:24.560
 the garages the main impetus or one of the main impetus reasons for this

02:43:24.560 --> 02:43:30.720
 request is the builders do want to bring a three-car garage product to Denton and

02:43:30.720 --> 02:43:38.200
 believe that it would be well received by the community and their their design

02:43:38.200 --> 02:43:43.520
 plans do include some forward extending garages and we did do a comprehensive

02:43:43.520 --> 02:43:48.640
 analysis in terms of how what percentage of their plans that they're bringing to

02:43:48.640 --> 02:43:55.080
 this market and would be would require a deviation from the base code and we've

02:43:55.080 --> 02:44:00.320
 built that in there to have some restrictions so that it's not allowed on

02:44:00.320 --> 02:44:07.760
 every lot next slide please and then lastly is the window and door percentage

02:44:07.760 --> 02:44:16.080
 and Julie indicated we will and can comply to at least 15% of window and

02:44:16.080 --> 02:44:22.080
 door percentage on the front facade which is the 29th consistent with the 2019 code

02:44:22.080 --> 02:44:28.340
 plus proposing enhanced design features from the list that you see on your

02:44:28.340 --> 02:44:34.840
 screen next slide that is really all I have I just wanted to walk you through

02:44:34.840 --> 02:44:39.920
 kind of a basic summary and introduce the two home builders that we have on

02:44:39.920 --> 02:44:46.480
 board for this project that we're excited to to begin construction on in

02:44:46.480 --> 02:44:52.300
 the near future and happy to stand for any questions or allow you to have

02:44:52.300 --> 02:44:57.600
 conversations directly with the builders if you choose thank you I appreciate it

02:44:57.600 --> 02:45:03.160
 Amy this isn't a public hearing but I did want to mention that for this item we

02:45:03.160 --> 02:45:07.440
 had two people make comments using our online form there were two in support

02:45:07.440 --> 02:45:12.280
 and zero against all these comments were emailed to the commissioners and her

02:45:12.280 --> 02:45:18.400
 city secretary to be recorded with that happy to continue the discussion or

02:45:18.400 --> 02:45:25.640
 entertain a motion Commissioner Smith we have a first for approval Commissioner

02:45:25.640 --> 02:45:33.200
 Ellis like it we have a first and a second for approval any discussion on

02:45:33.200 --> 02:45:39.320
 this item seeing none I will call for a vote be a roll call starting with

02:45:39.320 --> 02:45:47.200
 Commissioner Beck aye Commissioner Anderson aye Commissioner Ellis aye

02:45:47.200 --> 02:45:54.000
 Commissioner Cole aye Commissioner Pernetta aye Commissioner Smith aye

02:45:54.000 --> 02:45:59.640
 chair is also an aye motion carries 7-0 congratulations and thanks for being

02:45:59.640 --> 02:46:04.960
 here for a presentation tonight the next item of business gets us into our public

02:46:04.960 --> 02:46:12.000
 hearings for this evening we'll start with item 5 a CA 20 - 0003 I'll invite

02:46:12.000 --> 02:46:17.800
 Ron Maguida for presentation and I'll open the public hearing

02:46:19.880 --> 02:46:47.400
 thank you chair let me pull out my presentation there is good evening Ron

02:46:47.400 --> 02:46:51.800
 Maguida principal planner with Development Services this application is

02:46:51.800 --> 02:46:56.280
 for comp plan amendment as mentioned in the introduction just want to go over

02:46:56.280 --> 02:47:01.440
 the site location real quick as you can see line in yellow the site is located

02:47:01.440 --> 02:47:08.160
 just south and west of Vintage Boulevard north of Fort Worth Drive the site

02:47:08.160 --> 02:47:12.880
 itself is currently undeveloped with our agricultural use there are two stock

02:47:12.880 --> 02:47:21.160
 sorry storage tanks that is on site as well as a plugged gas well and for

02:47:21.160 --> 02:47:26.280
 background information this site was annexed into the city as long as well as

02:47:26.280 --> 02:47:34.720
 the area to the east that outline here in the aerial that was they were both

02:47:34.720 --> 02:47:42.520
 annexed into the city on August 25th of this year the request that is being

02:47:42.520 --> 02:47:46.960
 brought forward for comp plan amendment is to reclassify the future land use

02:47:46.960 --> 02:47:53.860
 designation future land use map of the site the 51 plus acres from rural areas

02:47:53.860 --> 02:48:00.040
 to moderate residential this is being submitted in concert with a zoning map

02:48:00.040 --> 02:48:06.680
 amendment to rezone this property to a r6 a residential 6 and the intent for

02:48:06.680 --> 02:48:10.840
 that is to meet the dimensional standards for the site layout that you

02:48:10.840 --> 02:48:17.600
 see here on the slide I just wanted to illustrate the location of the plug gas

02:48:17.600 --> 02:48:24.560
 well that location will be a open space lot will not be developable and is shown

02:48:24.560 --> 02:48:32.920
 here as lot X and again it's there shown an outline in red just for the benefit

02:48:32.920 --> 02:48:37.560
 of understanding the future land use map and designation what its purpose is as

02:48:37.560 --> 02:48:43.620
 you all know in 2015 the den plan 2030 was adopted with it were goals policies

02:48:43.620 --> 02:48:48.280
 in action some of the goals and policies reflect or reference the future land use

02:48:48.280 --> 02:48:55.000
 map and designation the intent of a future land use map is to depict the

02:48:55.000 --> 02:49:00.360
 intended long-term pattern of land uses throughout the city to establish the

02:49:00.360 --> 02:49:05.080
 process of which amending zoning district if that was the request to

02:49:05.080 --> 02:49:10.000
 review the future land use map for guidance and also to guide any future

02:49:10.000 --> 02:49:15.720
 coordination between transportation and utility within the city so this is just

02:49:15.720 --> 02:49:21.400
 to help give the city an opportunity to look at the areas around the city future

02:49:21.400 --> 02:49:28.240
 in long term the modern residential which is the proposed future language

02:49:28.240 --> 02:49:33.780
 designation is described in the den plan 2030 as shown here I won't read the

02:49:33.780 --> 02:49:37.560
 entire description but just want to highlight that it calls for a single

02:49:37.560 --> 02:49:43.080
 family detached houses on small lots adjacent to key corridors the intent is

02:49:43.080 --> 02:49:48.040
 to link as many local streets as possible and again to maintain the scale

02:49:48.040 --> 02:49:55.800
 and style of adjacent properties what is being proposed is illustrated in this

02:49:55.800 --> 02:50:00.880
 slide currently the future language map shows the property as rural areas shown

02:50:00.880 --> 02:50:06.880
 here in green what is proposed by the applicant is to reclassify that to

02:50:06.880 --> 02:50:12.940
 moderate residential as shown here one of the recommendation or the analysis

02:50:12.940 --> 02:50:16.480
 that it's consistent is being that it's adjacent to an existing moderate

02:50:16.480 --> 02:50:23.080
 residential to the north of the subject site the list that you see on this slide

02:50:23.080 --> 02:50:30.000
 identifies the approval criteria for all applications the main highlighted ones

02:50:30.000 --> 02:50:33.840
 that are in bold are ones I would like to for the planning zoning Commission to

02:50:33.840 --> 02:50:38.960
 focus and that is its comp is consistent with the comprehensive plan that the use

02:50:38.960 --> 02:50:44.400
 itself or the proposed future language designation minimizes any impacts to

02:50:44.400 --> 02:50:49.800
 property owner properties surrounding the site and that the utility service and

02:50:49.800 --> 02:50:55.520
 improvement standards are met and are compliant with the development standards

02:50:55.520 --> 02:51:02.880
 there is also a set of approval criteria for a comprehensive plan amendment listed

02:51:02.880 --> 02:51:08.880
 here a through D that the comp plan amendment was an error or designation

02:51:08.880 --> 02:51:14.200
 was an error it was not the city council failed to take into consideration

02:51:14.200 --> 02:51:20.560
 existing facts and projection they did not and then in events trends and facts

02:51:20.560 --> 02:51:25.960
 after adoption change the only thing that the change was that this property

02:51:25.960 --> 02:51:32.800
 was annexed into the city and that the next step in annexation is to zone in

02:51:32.800 --> 02:51:37.800
 this case the zoning also included a comprehensive plan amendment or includes

02:51:37.800 --> 02:51:42.640
 a comprehensive plan amendment and then that the character of the area changed

02:51:42.640 --> 02:51:55.040
 and it did not it's just getting the is moved forward okay the other it

02:51:55.040 --> 02:51:59.160
 continues for the comprehensive plan amendment approval criteria that is not

02:51:59.160 --> 02:52:03.280
 that it is not in conflict with any goals and policies staff has not found

02:52:03.280 --> 02:52:08.280
 that it has it constitutes a substantial benefit to the city the staff believe it

02:52:08.280 --> 02:52:14.600
 does and that it avoids any creation of any isolated uses this proposed comp plan

02:52:14.600 --> 02:52:18.920
 will result in hopefully the development of a single-family development similar to

02:52:18.920 --> 02:52:25.720
 what is located in the area and MD does not apply last slide on the comprehensive

02:52:25.720 --> 02:52:29.760
 plan amendment approval criteria that it will not adversely impact the city in

02:52:29.760 --> 02:52:35.600
 terms of land use patterns will not that it will be able to provide public

02:52:35.600 --> 02:52:39.280
 services and facilities the environmental sensitive areas are

02:52:39.280 --> 02:52:44.600
 protected in that increased traffic is not going to create any impacts to an

02:52:44.600 --> 02:52:51.480
 existing uses in the area what we are now looking at is the how it is

02:52:51.480 --> 02:52:55.560
 consistent with a comprehensive plan and staff's analysis includes that the

02:52:55.560 --> 02:53:00.920
 arterial primary arterial of vintage Boulevard which runs from Fort Worth

02:53:00.920 --> 02:53:06.280
 Drive all the way to I-35 is an appropriate future land use designation

02:53:06.280 --> 02:53:12.440
 for a property long primary arterial that the modern residential is consistent

02:53:12.440 --> 02:53:17.160
 with what is shown on the future language map to the north and that the

02:53:17.160 --> 02:53:22.360
 future development if this were to be passed would be consistent with the

02:53:22.360 --> 02:53:27.880
 development pattern of the area one main thing that I like to express is that the

02:53:27.880 --> 02:53:34.040
 developer or property owner is not going to encroach into the flood plain area

02:53:34.040 --> 02:53:40.360
 that is just south and east of the subject site which in turn also will be

02:53:40.360 --> 02:53:45.360
 avoiding any environmentally sensitive areas so by protecting that area stop

02:53:45.360 --> 02:53:50.480
 believes that they meet the intent of protecting our environmental and

02:53:50.480 --> 02:53:56.480
 sensitive areas and resources and lastly the proposed development hopefully will

02:53:56.480 --> 02:54:01.840
 if when developed will connect to an existing subdivision to the north by

02:54:01.840 --> 02:54:07.240
 way of roadway and sidewalk classification or connectivity so this

02:54:07.240 --> 02:54:12.200
 is what is identified as that area where the connectivity would occur it's along

02:54:12.200 --> 02:54:16.540
 Tamarack Lane that will then extend south again if this were to be approved

02:54:16.540 --> 02:54:21.200
 and this development were to be developed the scale of the area is

02:54:21.200 --> 02:54:27.480
 similar to what is shown to the north in size of lots again the reason for the r6

02:54:27.480 --> 02:54:32.400
 that's being proposed as far as zoning application is to meet the development

02:54:32.400 --> 02:54:37.400
 standards dimensional standards that is of a minimum of 6,000 square feet and

02:54:37.400 --> 02:54:42.840
 again that is the intent of the applicants request let's just illustrate

02:54:42.840 --> 02:54:47.600
 what they're proposing their minimum lot size will be 6,000 some of them will be

02:54:47.600 --> 02:54:55.560
 more but minimum lot size will be 6,000 looking at how it is you know proposed

02:54:55.560 --> 02:55:00.160
 in an area and if it will create any adverse impact stuff feels that it will

02:55:00.160 --> 02:55:05.040
 not the area is pretty much undeveloped the areas to the west I'm sorry to the

02:55:05.040 --> 02:55:11.360
 east is a floodplain area floodway mainly it will not be developed in fact there

02:55:11.360 --> 02:55:16.040
 has been already some discussion about using some of that area for parkland and

02:55:16.040 --> 02:55:22.040
 or trails for our parks department to the southeast forward drive and again

02:55:22.040 --> 02:55:27.560
 the area that I'm referencing is the floodplain also extends most of this

02:55:27.560 --> 02:55:31.440
 southern portion of this development and again based on the site plan that

02:55:31.440 --> 02:55:34.580
 they're proposing they would not encroach into this area so again this

02:55:34.580 --> 02:55:40.280
 area here even with the trees will be preserved and not developed as part of

02:55:40.280 --> 02:55:46.640
 this at least this application looking at the area to the west it is currently

02:55:46.640 --> 02:55:51.640
 either undeveloped or developed with a single-family agricultural use that will

02:55:51.640 --> 02:55:57.960
 still remain and proper buffer and screening would be obviously developed

02:55:57.960 --> 02:56:03.880
 or proposed as part of this development if and when it continues we look at the

02:56:03.880 --> 02:56:08.320
 development standards and other regulations environmentally there are no

02:56:08.320 --> 02:56:12.480
 adverse impacts we talked about the surrounding properties there was a

02:56:12.480 --> 02:56:16.600
 physical impact analysis prepared for this application in fact it was prepared

02:56:16.600 --> 02:56:22.180
 for the annexation in anticipation of a rezoning and or development of the site

02:56:22.180 --> 02:56:27.520
 and based on that analysis it was concluded there are no adverse impact we

02:56:27.520 --> 02:56:32.900
 will staff will look at the utility services and other facilities in a

02:56:32.900 --> 02:56:38.960
 future development application when when it comes through trip generation an

02:56:38.960 --> 02:56:44.120
 assessment was conducted and based on that assessment a TIA a full traffic

02:56:44.120 --> 02:56:48.760
 impact analysis was not warranted and therefore concluded that the no adverse

02:56:48.760 --> 02:56:54.760
 impact would be created by the traffic generated by this development adequate

02:56:54.760 --> 02:56:59.480
 capacity for public services just want to make mention that in addition to

02:56:59.480 --> 02:57:03.080
 notices that were sent out to the surrounding neighborhood we did also

02:57:03.080 --> 02:57:07.440
 reach out to Argyle school district as this property falls under their

02:57:07.440 --> 02:57:13.640
 jurisdiction and we heard back from Argyle and based on the ultimate build

02:57:13.640 --> 02:57:20.280
 out of this site believe is sometime around 2023 by then the Argyle school

02:57:20.280 --> 02:57:26.760
 district will have the schools that would be able to accommodate the student

02:57:26.760 --> 02:57:32.360
 enrollment that would be generated by this development or future development

02:57:32.360 --> 02:57:38.760
 notices were sent out to all of the folks within 200 feet as well as 500 feet

02:57:38.760 --> 02:57:43.920
 courtesy notice that is there was website notices and newspaper notices

02:57:43.920 --> 02:57:49.680
 there were no meetings held with in the neighborhood and as of this afternoon

02:57:49.680 --> 02:57:56.280
 this evening staff has not received any opposition or in favor responses to

02:57:56.280 --> 02:58:01.840
 those public hearing notices with that staff is recommending approval as it

02:58:01.840 --> 02:58:06.640
 meets and complies with sections 2 4 5 which is the approval criteria for all

02:58:06.640 --> 02:58:11.520
 applications as well as 2 7 1 which applies to the comp plan amendment

02:58:11.520 --> 02:58:18.380
 approval criteria I will stand for questions I'd stand corrected the

02:58:18.380 --> 02:58:23.520
 applicant does not have a presentation however they will they are available for

02:58:23.520 --> 02:58:31.560
 questions if you have if you have they're currently on the call thanks Ron

02:58:31.560 --> 02:58:39.880
 Christian back Ron where is the the closest connection for where city

02:58:39.880 --> 02:58:46.400
 services might connect sure I believe vintage Boulevard is where the water I

02:58:46.400 --> 02:58:50.480
 know I don't have a map per se but it'll be vintage Boulevard and then as far as

02:58:50.480 --> 02:58:57.800
 the water and wastewater that that's basically on vintage Boulevard okay so

02:58:57.800 --> 02:59:03.120
 just just right there okay and single-family developments are north there

02:59:03.120 --> 02:59:06.760
 may be some they'll probably will be some connections to create that that

02:59:06.760 --> 02:59:14.000
 loop so that it's all connected okay and my understanding is if I am I

02:59:14.000 --> 02:59:18.080
 remembering the the backup correctly do we did a down water assessment on this

02:59:18.080 --> 02:59:22.440
 say that one more time we did a down water drainage assessment on this this

02:59:22.440 --> 02:59:28.040
 property well part of the analysis of that will be done during platting and

02:59:28.040 --> 02:59:32.600
 during them while and during the right I thought it was already been done so yeah

02:59:32.600 --> 02:59:35.960
 I don't think that has occurred that will be during the platting and

02:59:35.960 --> 02:59:41.640
 engineering review of those plans all right thank you so much okay any other

02:59:41.640 --> 02:59:48.320
 questions for Ron as you're contemplating that I just want to let you know that for

02:59:48.320 --> 02:59:54.200
 this item there's one person who called in to our 940 349 7800 line to register

02:59:54.200 --> 02:59:59.760
 their position and they were in support there was no one using that mechanism to

02:59:59.760 --> 03:00:06.160
 lobby in the opposition with that I will go ahead and close the public hearing

03:00:06.160 --> 03:00:13.880
 and continue the virtual day's discussion or a motion

03:00:13.880 --> 03:00:23.360
 Commissioner Ellis thank you I just have a question for Ron Ron so I know we're

03:00:23.360 --> 03:00:28.800
 not dealing with the other annex piece of this like to the northeast right but

03:00:28.800 --> 03:00:33.040
 do you know anything about that piece of property I just know that it's fully

03:00:33.040 --> 03:00:38.360
 within the floodplain and that it will probably remain the entire parcel is

03:00:38.360 --> 03:00:47.000
 correct okay that's what I wanted to understand yes okay thank you

03:00:47.000 --> 03:00:58.520
 so I don't see any hands raising so I'm gonna take the floor and say I think in

03:00:58.520 --> 03:01:03.440
 principle the idea of the comp plan being amended from rural future land use

03:01:03.440 --> 03:01:08.440
 to moderate residential future and leaves make sense on its face it seems

03:01:08.440 --> 03:01:12.800
 like the neighbors to the west kind of set that motion and then knowing that

03:01:12.800 --> 03:01:18.960
 basically this corridor between our 35 W and 377 is just ever changing with with

03:01:18.960 --> 03:01:23.400
 homes we just approved a neighborhood south of here so I don't foresee this

03:01:23.400 --> 03:01:30.160
 property remaining rural it just doesn't make sense and I certainly I understand

03:01:30.160 --> 03:01:34.840
 the applicants position on this I will say as I mentioned in work session I

03:01:34.840 --> 03:01:40.800
 have some growing anxiety about the corridor between 35 and 377 that's in

03:01:40.800 --> 03:01:45.920
 Denton's jurisdiction and how it's all homes and it's kind of this weird

03:01:45.920 --> 03:01:50.360
 segment away from our town that we're they're about to get what our third

03:01:50.360 --> 03:01:56.420
 largest park and it's all rooftops and I have concern about the economic

03:01:56.420 --> 03:02:01.720
 viability for our town if we continue building homes in which the services of

03:02:01.720 --> 03:02:07.240
 Roanoke and the restaurants and the things that Roanoke and Argyle provide

03:02:07.240 --> 03:02:13.480
 will keep these cars moving southward and not northward into the economic

03:02:13.480 --> 03:02:18.920
 drivers of our town and so again I don't hold the applicant responsible for that

03:02:18.920 --> 03:02:23.440
 but I think as we look as Denton Classical Academy is going in a new

03:02:23.440 --> 03:02:32.680
 police stations going in I have not seen yet any sort of jobs or any any retail

03:02:32.680 --> 03:02:40.260
 any sort of commercial design being proposed in this entire corridor and I

03:02:40.260 --> 03:02:43.500
 know hunter ranch and coal ranch whenever they get here might provide

03:02:43.500 --> 03:02:47.080
 some economic drivers on the highway corridor but in the interim we're

03:02:47.080 --> 03:02:50.920
 putting rooftops in and rooftops are not going to sustain Denton long-term in

03:02:50.920 --> 03:02:56.960
 terms of the economy and so with that after that long soliloquy I will motion

03:02:56.960 --> 03:03:02.200
 for approval on this item as staff presented and I'll look for a second but

03:03:02.200 --> 03:03:05.920
 I just wanted to say my soapbox as we continue through this corridor

03:03:05.920 --> 03:03:09.960
 progression I'm going to be more and more vocal about what is the accident

03:03:09.960 --> 03:03:13.240
 what are we doing to for the betterment of Denton by providing all these

03:03:13.240 --> 03:03:20.160
 rooftop homes I saw Commissioner Smith's hand next major I agree with your

03:03:20.160 --> 03:03:24.960
 sentiments and I second Commissioner Ellis you had your hand up I don't want

03:03:24.960 --> 03:03:33.240
 to discount you perfect so we have a first and a second for approval of staff

03:03:33.240 --> 03:03:37.280
 presented I didn't see any conditions on this wrong right it's just a straight

03:03:37.280 --> 03:03:41.960
 approval this is straight will be yes great we have first and a second any

03:03:41.960 --> 03:03:49.920
 discussion on this item seeing none I'll go ahead and call for a vote via roll

03:03:49.920 --> 03:03:56.580
 call starting in my upper right corner Commissioner Beck aye Commissioner

03:03:56.580 --> 03:04:03.880
 Anderson aye Commissioner Ellis aye Commissioner Cole aye Commissioner Smith

03:04:03.880 --> 03:04:12.280
 aye Commissioner Pernetta aye chair is also an aye motion carries 7-0 next

03:04:12.280 --> 03:04:19.120
 sign of business is item 5 B Z 20 - 0 0 0 8 this is also Ron's item I will turn

03:04:19.120 --> 03:04:26.320
 the floor over to him and open the public hearing thank you chair

03:04:28.120 --> 03:04:34.480
 sorry let me get back to start this is the counterpart to the comprehensive

03:04:34.480 --> 03:04:39.580
 plan amendment this is the zoning map amendment request by the same applicant

03:04:39.580 --> 03:04:46.840
 for the subject site we've already seen this site plan again the request for

03:04:46.840 --> 03:04:52.240
 the zoning map amendment is to rezone or actually excuse me to establish the

03:04:52.240 --> 03:04:56.400
 initial zoning since it was just recently annexed to a residential 6

03:04:56.400 --> 03:05:02.280
 zoning district again the intent is to develop this with a single-family

03:05:02.280 --> 03:05:08.000
 development and the intent is to be able to develop it within the dimensional

03:05:08.000 --> 03:05:13.440
 standards of a residential 6 zoning district just want to illustrate that if

03:05:13.440 --> 03:05:18.380
 this zoning case were not to be approved the underlying zoning that they would

03:05:18.380 --> 03:05:21.640
 need to comply with if they were to move forward with any development is shown

03:05:21.640 --> 03:05:27.160
 here under the RR residential rural zoning district the other column to the

03:05:27.160 --> 03:05:31.480
 right is the residential 6 as you can see the minimum lot area which is

03:05:31.480 --> 03:05:36.960
 primarily the reason for their request for an R6 is to be able to develop a

03:05:36.960 --> 03:05:44.680
 minimum of 6,000 square feet shown here is the illustration of these current

03:05:44.680 --> 03:05:48.520
 zoning map as you can see it is not currently zoned as it was recently annexed

03:05:48.520 --> 03:05:52.880
 and you can see the surrounding area around the area is still in the county

03:05:52.880 --> 03:05:59.280
 the area that's outlined in black is what we're talking about and per the

03:05:59.280 --> 03:06:05.760
 request it would be zoned or be colored as brown color which is consistent with

03:06:05.760 --> 03:06:13.880
 the R6 to the north of the subject property again you've seen this

03:06:13.880 --> 03:06:18.920
 approval criteria for all applicable applications won't spend too much time

03:06:18.920 --> 03:06:24.640
 on this other than again highlight the three areas or three criterias that we

03:06:24.640 --> 03:06:30.880
 will have some discussion in there is also a zoning map amendment approval

03:06:30.880 --> 03:06:35.720
 criteria which is 1 through 7 is it consistent with the future land use map

03:06:35.720 --> 03:06:42.400
 again depending on how City Council you know decides that would be something to

03:06:42.400 --> 03:06:47.760
 consider is it within a small area plan it is not this is a consistent with the

03:06:47.760 --> 03:06:54.040
 purpose statement of the zoning district it does well or have this area have have

03:06:54.040 --> 03:06:58.640
 had any significant changes other than the annexation there has not been

03:06:58.640 --> 03:07:03.040
 significant changes will this have an adverse impact to surrounding properties

03:07:03.040 --> 03:07:08.680
 or to the neighborhood staffs analysis that it will not public facilities and

03:07:08.680 --> 03:07:14.980
 services these will all be accounted for during the the platting if that is when

03:07:14.980 --> 03:07:21.000
 the next phase is also again want to make mention that services also includes

03:07:21.000 --> 03:07:25.760
 the school district and we did reach out to Argyle and again based on the build

03:07:25.760 --> 03:07:29.880
 out of this development at that time the Argyle school district will have the

03:07:29.880 --> 03:07:34.600
 schools to be able to accommodate the enrollment of those students that would

03:07:34.600 --> 03:07:41.320
 be generated from this development won't spend too much on time on this slide but

03:07:41.320 --> 03:07:48.200
 other than mention again that the r6 is appropriate for this area being that is

03:07:48.200 --> 03:07:52.200
 a long vintage Boulevard again it's consistent with the development to the

03:07:52.200 --> 03:07:58.440
 north in terms of pattern site design I'm sorry sought site layout design that

03:07:58.440 --> 03:08:05.400
 is as well as the avoidance or the keeping away from the floodplain and

03:08:05.400 --> 03:08:10.160
 environmental sensitive area all of which in staffs analysis makes it

03:08:10.160 --> 03:08:16.500
 consistent with the comprehensive plan when it comes into the adverse impact we

03:08:16.500 --> 03:08:20.320
 went through this with the common plan amendment again the site is very very

03:08:20.320 --> 03:08:25.600
 rural in nature however you know future development when this development does

03:08:25.600 --> 03:08:33.400
 occur we feel that it will not impact those areas in a negative way again we

03:08:33.400 --> 03:08:38.200
 went through this with the common plan amendment with regards to the traffic

03:08:38.200 --> 03:08:41.440
 just want to spend time a little bit on that there was a traffic generation

03:08:41.440 --> 03:08:50.200
 assessment done based on the generation of a single-family 110 lots in total the

03:08:50.200 --> 03:08:54.800
 conclusion is that there will be no adverse impact we did spend time on

03:08:54.800 --> 03:09:01.200
 making sure that the connectivity as well as the turning into in from vintage

03:09:01.200 --> 03:09:07.920
 Boulevard was accommodating the minimum requirements and it will again based on

03:09:07.920 --> 03:09:13.040
 the site plan that has been proposed and again future applications will be

03:09:13.040 --> 03:09:17.920
 reviewed in detail including a downstream drainage assessment when that

03:09:17.920 --> 03:09:25.280
 time comes public outreach was made and again as of this evening staff has not

03:09:25.280 --> 03:09:32.300
 received any in responses that is in opposition and or in favor so again

03:09:32.300 --> 03:09:37.040
 nothing to report as far as public input in regards to the public hearing

03:09:37.040 --> 03:09:43.160
 notices with that staff recommends approval as it complies with the sections

03:09:43.160 --> 03:09:49.240
 245 again the criteria for approval for all applications and 272 which is the

03:09:49.240 --> 03:09:56.680
 zoning amendment map criteria for approval staff is will stand for any

03:09:56.680 --> 03:10:01.080
 questions and again the applicant does not have a presentation but is on the

03:10:01.080 --> 03:10:08.440
 line if there are any questions for for them great thanks Ron any questions for

03:10:08.440 --> 03:10:15.280
 Ron Mr. Beck thank you chair Ron can you refresh my memory on those two

03:10:15.280 --> 03:10:19.860
 detention ponds or our drainages or duck ponds or whatever they were where the

03:10:19.860 --> 03:10:24.660
 edge of the hundred-year floodplain was sure that you've indicated that the

03:10:24.660 --> 03:10:29.840
 applicant was going to leave that correct and I appreciate you bringing

03:10:29.840 --> 03:10:35.760
 that up let me pull up the present the presentation once again and I can share

03:10:35.760 --> 03:10:38.800
 that delineation

03:10:38.800 --> 03:10:53.720
 do it you get to sorry there we go so the the flip plane line is shown here

03:10:53.720 --> 03:10:58.200
 and you can see they're avoiding that all together and as it continues to the

03:10:58.200 --> 03:11:02.560
 south and to the west this is the line of where the floodplain now there are

03:11:02.560 --> 03:11:06.520
 there is a delineation here of a 500-year floodplain which they are able

03:11:06.520 --> 03:11:11.600
 to develop but the main floodplain is just outside where they're proposing to

03:11:11.600 --> 03:11:17.120
 develop and those stock storage tanks that is is shown outside of the

03:11:17.120 --> 03:11:23.320
 development and within that floodplain area okay so and and just to point out

03:11:23.320 --> 03:11:28.720
 everything to the east again is within the floodplain and I believe this line

03:11:28.720 --> 03:11:33.960
 here delineates where the floodway is located so most of this area to the east

03:11:33.960 --> 03:11:40.160
 is within a flood way and and that is that a path between those lakes or is

03:11:40.160 --> 03:11:46.080
 that the drainage this right here no between the ponds oh I'm sorry yes that

03:11:46.080 --> 03:11:50.040
 is that is that a drainage I don't know what that I think it's just to separate

03:11:50.040 --> 03:11:55.880
 the two stock storage tanks okay all right thank you run you're welcome what

03:11:55.880 --> 03:12:00.280
 other questions are there for Ron

03:12:00.280 --> 03:12:10.600
 Chris Ellis thank you chair hey Ron I know with this our six zoning what just

03:12:10.600 --> 03:12:13.840
 gives me a slight pause that's inconsistent with that neighborhood

03:12:13.840 --> 03:12:20.120
 that's to the to the north there is that I believe it opens up triplex and

03:12:20.120 --> 03:12:26.120
 four plex by right is that correct I don't have my code in front of me but let

03:12:26.120 --> 03:12:34.280
 me let me let me double check one second thank you I'll go ahead and take this

03:12:34.280 --> 03:12:38.240
 time real fast to let you know that there was one person who called in to

03:12:38.240 --> 03:12:44.480
 our 940 349 7800 line to register their position they were in support of this

03:12:44.480 --> 03:13:00.040
 project and we had no one use that to express opposition it is correct duplex

03:13:00.040 --> 03:13:04.440
 triplex four plex are permitted with the use specific standards within our six

03:13:04.440 --> 03:13:09.600
 and then I think it also opens up manufactured housing with an SUP is that

03:13:09.600 --> 03:13:14.960
 correct that's correct okay did you all discuss that at all as being a concern

03:13:14.960 --> 03:13:20.760
 just as as you know I mean zoning is not tied to a project you know this this

03:13:20.760 --> 03:13:27.080
 project has presented certainly complies with with the area but we we didn't

03:13:27.080 --> 03:13:31.120
 specifically discuss that however with the specific use permit I think there's

03:13:31.120 --> 03:13:35.600
 there's ample opportunity to discuss that at a future time if and then if if

03:13:35.600 --> 03:13:41.240
 that does get proposed with this property yeah it would just be a

03:13:41.240 --> 03:13:45.000
 specific use permit for manufactured housing I don't believe anything's

03:13:45.000 --> 03:13:54.000
 needed for the the others correct that's right that's correct okay

03:13:54.000 --> 03:13:58.120
 Chris Ellis are you are you thinking about carving that out of this approval

03:13:58.120 --> 03:14:02.200
 maybe well I don't know that that our code allows me to carve that out anymore

03:14:02.200 --> 03:14:09.520
 I'm confused on that as we don't seem to to have that ability to to create that

03:14:09.520 --> 03:14:18.240
 overlay I believe it has to come from the applicant so if we were in our old

03:14:18.240 --> 03:14:21.440
 code yeah I would be carving it out because to me that that's just

03:14:21.440 --> 03:14:27.720
 inconsistent with with the way it connects to Tamarack Lane that I would

03:14:27.720 --> 03:14:32.760
 want to make sure that it was single-family homes if we were going for our four we

03:14:32.760 --> 03:14:36.320
 wouldn't even open those up as a problem but I realize our four they want to go

03:14:36.320 --> 03:14:44.680
 below the 7,000 square foot lot so I guess I'm slightly disappointed staff

03:14:44.680 --> 03:14:49.560
 didn't look into that to try to maybe slightly mitigate that because it does

03:14:49.560 --> 03:15:03.020
 cause me pause hi this is the applicant hi hi this is Randy Rivera the

03:15:03.020 --> 03:15:10.240
 applicant I'm a planner with McAdams in Louisville and I appreciate

03:15:10.240 --> 03:15:17.280
 Commissioner Ellis sharing that concern and we would be willing to allow that as

03:15:17.280 --> 03:15:20.960
 a condition of the approval tonight if that's appropriate

03:15:20.960 --> 03:15:26.960
 Randy I appreciate you providing that concession I think the question I have

03:15:26.960 --> 03:15:37.720
 for Richard is can we do that I believe we can I know that if the applicant is

03:15:37.720 --> 03:15:42.920
 requesting for that overlay but again I know Cynthia's on the line and so I would

03:15:42.920 --> 03:15:48.880
 defer to her Cynthia could we potentially recommend this for approval

03:15:48.880 --> 03:15:58.080
 limiting duplexes and triplexes from the zoning request mr. chair I'm not on

03:15:58.080 --> 03:16:03.880
 mute for once I'm ahead of myself mr. chair under Texas law you can attach

03:16:03.880 --> 03:16:08.280
 overlay conditions to your rezoning and it's certainly something that's planning

03:16:08.280 --> 03:16:12.820
 commission can make a recommendation to the council on okay great

03:16:12.820 --> 03:16:19.440
 Commissioner Ellis I turn it back to you is that something that you would explore

03:16:19.440 --> 03:16:26.160
 absolutely okay then why don't I go ahead and close the public hearing since

03:16:26.160 --> 03:16:30.420
 someone else is on the line to call and then we can kind of progress this

03:16:30.420 --> 03:16:35.040
 conversation further but let's start with Commissioner Beck Commissioner Ellis

03:16:35.040 --> 03:16:41.900
 can I can I ask you thank you chair can I ask you what I understand that the

03:16:41.900 --> 03:16:50.720
 continuity with the our six to the north the our six to the west next to the park

03:16:50.720 --> 03:16:57.120
 but you your qualm is you don't like you don't want to duplex or triplex even

03:16:57.120 --> 03:17:01.560
 though those are predominantly house-shaped house structured and house

03:17:01.560 --> 03:17:08.640
 single-family density levels you don't you're having a problem with that

03:17:08.640 --> 03:17:15.600
 yeah Christian I'll see you more welcome to surround yes it's inconsistent we're

03:17:15.600 --> 03:17:20.920
 effectively the way it's presented could taking that subdivision to the north and

03:17:20.920 --> 03:17:25.320
 and almost just creating a continuation of it to the south of vintage in my

03:17:25.320 --> 03:17:30.880
 opinion so yes to to open it up that if this development doesn't happen and now

03:17:30.880 --> 03:17:36.580
 we've got a parcel that's our six that anybody can put up a triplex or four

03:17:36.580 --> 03:17:44.760
 plex on it um yeah it's inconsistent with in my opinion with with its

03:17:44.760 --> 03:17:50.320
 location yeah it is just to add my two cents to Commissioner Ellis's viewpoint

03:17:50.320 --> 03:17:54.520
 we're continuing a road it's not a separate neighborhood in of itself

03:17:54.520 --> 03:17:58.440
 there's connects to the northern property so you potentially have a

03:17:58.440 --> 03:18:03.960
 single attached home next to a quad plex or a triplex which I agree with

03:18:03.960 --> 03:18:07.520
 Christian Ellis in terms of the consistency of it's like we're redoing

03:18:07.520 --> 03:18:11.720
 a neighborhood it's just it'll it'll be perceived by the public as an extension

03:18:11.720 --> 03:18:17.160
 of that neighborhood but Christian back to four still yours no I was I think

03:18:17.160 --> 03:18:23.840
 that clarified Commissioner Ellis's opinion point to me I thank you

03:18:23.840 --> 03:18:33.800
 Commissioner house any other Christmas I make a motion to approve with the

03:18:33.800 --> 03:18:41.000
 overlay condition of no triplexes duplexes or manufactured homes to be

03:18:41.000 --> 03:18:44.040
 added to the zoning

03:18:44.040 --> 03:18:50.920
 Mr. Anderson I saw your hand up I don't is it no I was I was gonna make it a

03:18:50.920 --> 03:18:55.200
 motion but since Commissioner Smith did I'll second his motion okay and just for

03:18:55.200 --> 03:19:02.200
 clarification Chris Ross I could I make a friendly amendment to say that we're

03:19:02.200 --> 03:19:06.360
 gonna limit it to single-family homes with that that is a much better way to

03:19:06.360 --> 03:19:12.280
 say it there Christian Ellis will do it that way I'll accept the front in them

03:19:12.280 --> 03:19:16.640
 Richard all right just just for further clarification it's single-family

03:19:16.640 --> 03:19:21.680
 detached only correction correct single-family detached only yeah I don't

03:19:21.680 --> 03:19:24.560
 have the code in front actually I do have the code in front of me actually it's

03:19:24.560 --> 03:19:27.920
 just one column right single detached families just one color we're just gonna

03:19:27.920 --> 03:19:33.040
 limit it to that right yeah I think that's cleaner Commissioner Anderson are

03:19:33.040 --> 03:19:36.840
 you okay with that amendment absolutely okay so we have a first and a second for

03:19:36.840 --> 03:19:41.640
 approval with a condition that it is restricted to single-family detached

03:19:41.640 --> 03:19:51.360
 homes we have a first and a second is there any discussion on that great with

03:19:51.360 --> 03:19:56.040
 that we'll go ahead and start the voting via roll call Commissioner Beck I

03:19:56.040 --> 03:20:08.120
 Chris Anderson I Chris Ellis I Mr. Cole I Mr. Smith I Mr. Pernetta I chairs also an

03:20:08.120 --> 03:20:14.720
 I motion carries 7-0 congratulations next item of business is item 5 CS 20

03:20:14.720 --> 03:20:20.680
 - 0 0 0 3 C on by Corina Maldonado for presentation and I will open the public

03:20:20.680 --> 03:20:27.000
 hearing Corina whenever you're ready the floor is yours

03:20:38.120 --> 03:20:55.080
 probably work best if I have muted myself before I started that is always

03:20:55.080 --> 03:21:00.560
 helpful yeah all right good evening the request today is for a specific use

03:21:00.560 --> 03:21:07.480
 permit this is s 20 - 0 0 0 3 C Shady Shores town crossing for multifamily

03:21:07.480 --> 03:21:11.960
 the request as I mentioned is a specific use permit to permit multifamily

03:21:11.960 --> 03:21:18.480
 dwellings on approximately 21.96 acres in the suburban corridor district a

03:21:18.480 --> 03:21:23.600
 little bit of history the site was previously rezoned in 2017 this was

03:21:23.600 --> 03:21:30.520
 under the 2002 zoning it was a regional center residential RCR one and regional

03:21:30.520 --> 03:21:37.480
 center commercial downtown RCC D both were the transition to the community

03:21:37.480 --> 03:21:42.960
 mixed-use general which is CMG and that was the subject site and the adjacent

03:21:42.960 --> 03:21:49.840
 parcel to the south in the the transition to the 2019 zoning that was

03:21:49.840 --> 03:21:54.440
 transition to the current SC zoning district I did want to make a note that

03:21:54.440 --> 03:22:01.280
 had this rezoning not been approved the subject property would have transitioned

03:22:01.280 --> 03:22:07.660
 over to the MR zoning district which would allow multifamily by right the

03:22:07.660 --> 03:22:11.480
 site plan that is shown on this on the screen does show or demonstrate that the

03:22:11.480 --> 03:22:16.160
 applicant is proposing five buildings with this development and three would be

03:22:16.160 --> 03:22:21.480
 I'm sorry four would be three-story buildings and one would be four stories

03:22:21.480 --> 03:22:26.560
 and that would be building one three four and five those would be the three

03:22:26.560 --> 03:22:31.040
 stories and this L shaped building towards the western more western

03:22:31.040 --> 03:22:36.660
 property would be the four story the units proposed is 300 approximately 300

03:22:36.660 --> 03:22:41.920
 dwelling units both one bedroom and two bedroom only along with the proposed

03:22:41.920 --> 03:22:48.160
 development is 518 parking spaces those are vehicular spaces and it does include

03:22:48.160 --> 03:22:53.480
 a reduction for motorcycle space substitutes which is once paid one space

03:22:53.480 --> 03:22:59.320
 for every two motorcycle spaces it does include I believe 30 bicycle spaces for

03:22:59.320 --> 03:23:05.320
 this development as you could see approximately 50 percent of the property

03:23:05.320 --> 03:23:12.640
 is ESA or floodplain with the exception of this dark green portion on the

03:23:12.640 --> 03:23:17.200
 westernmost part of the property so the applicant is proposing to dedicate a

03:23:17.200 --> 03:23:22.540
 conservation easement which is approximately 11.6 acres that would

03:23:22.540 --> 03:23:28.240
 include the ESA and the area for tree preservation which I'll speak to later

03:23:28.240 --> 03:23:32.920
 as part of that kind of that floodplain that is located on the site the applicant

03:23:32.920 --> 03:23:37.000
 is demonstrating a retaining wall on the western side of the property that's

03:23:37.000 --> 03:23:43.320
 shown in red and in order to construct that there is a possibility of some minor

03:23:43.320 --> 03:23:49.260
 encroachment into the ESA since they are abutting directly to the ESA shown so

03:23:49.260 --> 03:23:53.200
 there will be an accompanying alternative ESA plan that would follow

03:23:53.200 --> 03:23:58.380
 this presentation and so we are proposing a recommendation or a condition

03:23:58.380 --> 03:24:02.680
 of approval with the recommendation indicating that they would need approval

03:24:02.680 --> 03:24:09.880
 of that AESA also on this site there are three proposed driveways two on shady

03:24:09.880 --> 03:24:15.560
 shores and one on Lakeview the driveway access that's on Lakeview would be a

03:24:15.560 --> 03:24:21.120
 right turn in and right turnout only so there would be no left turn northbound

03:24:21.120 --> 03:24:27.600
 on Lakeview due to the the median that is blocking that entrance on Shady

03:24:27.600 --> 03:24:32.920
 Shores there is a full access driveway that would allow the residents to come

03:24:32.920 --> 03:24:36.980
 this is the main entrance allow them to reach the leasing center that would be

03:24:36.980 --> 03:24:42.760
 located in building two and then on the westernmost portion of the site is an

03:24:42.760 --> 03:24:49.320
 egress only an emergency exit that would allow left and right turns on to Shady

03:24:49.320 --> 03:24:55.240
 Shores last they are also proposing wider sidewalks along Shady Shores and

03:24:55.240 --> 03:25:04.200
 Lakeview to kind of enhance pedestrian and bicycle circulation on the site the

03:25:04.200 --> 03:25:08.140
 proposed landscape plan does demonstrate they meet the minimum requirements they

03:25:08.140 --> 03:25:13.960
 are showing street trees along all of the building frontage for Shady Shores

03:25:13.960 --> 03:25:19.720
 and Lakeview as well as the required right-of-way screening where parking is

03:25:19.720 --> 03:25:25.400
 fronting the right-of-way so if you can see this area in dark green this area

03:25:25.400 --> 03:25:30.200
 reflects both street trees and right-of-way screening plus a continuous

03:25:30.200 --> 03:25:36.960
 shrub to to kind of buffer that proposed parking the applicant is also

03:25:36.960 --> 03:25:43.160
 proposing to extend this plantings across the entire frontage of Shady

03:25:43.160 --> 03:25:47.400
 Shores and Lakeview which is this bright green area that you'll see here this is

03:25:47.400 --> 03:25:52.680
 not required by our code but they are proposing this to meet the concerns of

03:25:52.680 --> 03:25:57.440
 of the residents that have indicated that they would like to see more

03:25:57.440 --> 03:26:01.640
 screening from between the buildings that are up against the right-of-way and

03:26:01.640 --> 03:26:08.840
 and the roadway in addition to that they are proposing a landscape buffer of

03:26:08.840 --> 03:26:13.360
 trees on the northern portion of the site this is in addition to the hundred

03:26:13.360 --> 03:26:21.600
 feet of easement that is associated with the DCTAA train line this would add kind

03:26:21.600 --> 03:26:25.280
 of additional buffer between the residents that live on the northern

03:26:25.280 --> 03:26:29.920
 portion of the site I do want to take a step back and mention that the plantings

03:26:29.920 --> 03:26:36.400
 that are shown within these orange boxed areas these orange areas are existing

03:26:36.400 --> 03:26:40.840
 slope and drainage easements that were acquired by the city when Shady Shores

03:26:40.840 --> 03:26:47.240
 stormwater improvements were put in the applicant is proposing to request an

03:26:47.240 --> 03:26:53.560
 easement abandonment to allow plantings and paving and fencing within these

03:26:53.560 --> 03:27:01.440
 areas so staff has indicated that we would first like to see a structural

03:27:01.440 --> 03:27:04.880
 analysis of the proposed retaining walls that they would be putting along Shady

03:27:04.880 --> 03:27:10.800
 Shores so with that a condition of approval would be requested that I'll

03:27:10.800 --> 03:27:16.480
 go over later but if that were not to be approved they would not be able to put

03:27:16.480 --> 03:27:22.160
 the plantings that you see located here in addition to this they are proposing

03:27:22.160 --> 03:27:27.520
 alternative landscape plantings so our Denton Development Code does require

03:27:27.520 --> 03:27:33.240
 that parking lot landscaping be provided using two elements out of three options

03:27:33.240 --> 03:27:37.720
 the applicant is proposing three partial elements or I should say one full

03:27:37.720 --> 03:27:42.840
 element and two partial elements to meet this requirement they are proposing end

03:27:42.840 --> 03:27:49.400
 cabs at the end of every grouping of parking spaces as well as meeting a

03:27:49.400 --> 03:27:55.760
 seven foot landscaped median on this western part of the site the requirement

03:27:55.760 --> 03:28:00.880
 is that they provide eight feet but they do have a requirement for right-of-way

03:28:00.880 --> 03:28:06.760
 dedication as well as a 20 foot utility easement that does limit safe access

03:28:06.760 --> 03:28:11.280
 within the site so they're just one foot shy which wouldn't allow them to meet

03:28:11.280 --> 03:28:16.160
 the full points but they are providing it anyways in addition to that they are

03:28:16.160 --> 03:28:21.600
 still proposing landscaped islands within the site there are some areas you

03:28:21.600 --> 03:28:25.400
 can see here where it's obviously more than 10 spaces where we would require

03:28:25.400 --> 03:28:31.760
 a landscape island and again they're they're offering three partial or two

03:28:31.760 --> 03:28:35.600
 partial elements in replacement of one full element so staff felt that it was

03:28:35.600 --> 03:28:40.400
 appropriate given the amount of plantings on the site open space and

03:28:40.400 --> 03:28:45.280
 recreation is provided for this development it is required for

03:28:45.280 --> 03:28:51.040
 multifamily in a dedication or set aside of eight percent of the land area they

03:28:51.040 --> 03:28:55.800
 are proposing active and passive recreational space which is a resort

03:28:55.800 --> 03:29:00.440
 style pool some picnic areas grilling areas they are proposing an enclosed dog

03:29:00.440 --> 03:29:07.480
 park here on the north side as well as some indoor recreational facilities

03:29:07.480 --> 03:29:12.520
 within building two including a fitness center and I and I can't remember the

03:29:12.520 --> 03:29:15.320
 others off the top of my head but there's a few other recreational space was

03:29:15.320 --> 03:29:20.800
 spaces within this building and just overall they are providing 37%

03:29:20.800 --> 03:29:26.440
 landscaped area as well as 38% tree canopy area for the suburban corridor

03:29:26.440 --> 03:29:32.480
 zoning district the minimum requirements for landscape area are 20% and the tree

03:29:32.480 --> 03:29:41.040
 canopy requirements are 30% so they are going above the minimum for this site so

03:29:41.040 --> 03:29:44.480
 before I go into tree preservation I do want to cover on the ESA field

03:29:44.480 --> 03:29:49.540
 assessment that was conducted just last summer and was finalized early this

03:29:49.540 --> 03:29:55.040
 February so this this field assessment was conducted by a third party it was

03:29:55.040 --> 03:30:00.560
 approved in February of 2020 the biggest item related to this was related to the

03:30:00.560 --> 03:30:06.240
 cross timbers habitat shown here in green this designation for ESA was

03:30:06.240 --> 03:30:10.860
 removed due to it being a fragmented forest if you can see here there are a

03:30:10.860 --> 03:30:15.320
 couple of gravel driveways that cut through the tree canopy because of this

03:30:15.320 --> 03:30:19.840
 it does not achieve the minimum requirement of a contiguous 10 acre

03:30:19.840 --> 03:30:25.480
 canopy the greatest area would be less than six acres so because of that the

03:30:25.480 --> 03:30:29.880
 designation of cross timbers upland habitat was removed with the removal of

03:30:29.880 --> 03:30:35.080
 that designation the developer was able to then develop the site which would of

03:30:35.080 --> 03:30:39.600
 which would have otherwise excuse me unlimited the space that they would be

03:30:39.600 --> 03:30:46.120
 able to use with this ESA it was also confirmed that there was indeed flood

03:30:46.120 --> 03:30:52.440
 plain ESA and that boundary shown here is in line with the FEMA designation so

03:30:52.440 --> 03:30:59.140
 it's updated every whenever the FEMA map is updated so the the line would fall

03:30:59.140 --> 03:31:05.440
 follow the 2020 100 year floodplain that is shown on FEMA maps that floodplain

03:31:05.440 --> 03:31:10.760
 again is undeveloped floodplain and is in a natural condition the field

03:31:10.760 --> 03:31:15.000
 assessment also identified two stream segments that did have a presence of

03:31:15.000 --> 03:31:19.440
 riparian buffer and so the the area shown in green would be that 50-foot

03:31:19.440 --> 03:31:24.680
 riparian buffer and this brown area to the north would be the hundred foot and

03:31:24.680 --> 03:31:30.520
 lastly they did identify a water-related habitat which is non wetland but is

03:31:30.520 --> 03:31:35.320
 designated as a water-related habitat ESA and so the reason why I bring this up

03:31:35.320 --> 03:31:41.040
 is because related to tree preservation tree preservation cannot include the

03:31:41.040 --> 03:31:45.640
 tree canopy within the ESA so as you can see they're they're very limited on the

03:31:45.640 --> 03:31:52.000
 space that they could use and I'll go over to the next slide the area within

03:31:52.000 --> 03:31:58.880
 this orange kind of weird looking shape that is essentially all of the ESA on

03:31:58.880 --> 03:32:03.600
 the site and that's where they would be restricted from any they wouldn't be

03:32:03.600 --> 03:32:08.360
 able to count this area's tree preservation in a sense so if you can

03:32:08.360 --> 03:32:12.480
 see here they are meeting the minimum tree preservation requirements however

03:32:12.480 --> 03:32:18.240
 this is at a reduced rate of 20% preservation they are meeting that with

03:32:18.240 --> 03:32:26.960
 this I believe it's 1.45 acre area they are in order to to use the reduced

03:32:26.960 --> 03:32:31.040
 preservation they do have to increase mitigation for that that difference of

03:32:31.040 --> 03:32:35.220
 10% that has to be mitigated at a higher rate and so the applicant has

03:32:35.220 --> 03:32:40.080
 demonstrated that they would be able to achieve this they are demonstrating this

03:32:40.080 --> 03:32:47.340
 with one by by designating the conservation easement and providing or

03:32:47.340 --> 03:32:54.060
 proposing replacement tree plantings within this central meadow area they

03:32:54.060 --> 03:32:58.720
 would get credit for that which would allow them to meet all the mitigation

03:32:58.720 --> 03:33:04.400
 there are some other options within the Denton Development Code that would would

03:33:04.400 --> 03:33:08.560
 be beneficial to them as well and the city looks at favorably which would be

03:33:08.560 --> 03:33:14.600
 our Denton Wildscape program so rather than planting in this area this would be

03:33:14.600 --> 03:33:21.520
 leaving the area in a natural condition this would need to be kind of negotiated

03:33:21.520 --> 03:33:26.240
 with our folks and sustainability to make sure that we're we're meeting their

03:33:26.240 --> 03:33:31.100
 requirements but this is just one other option that they could use for minimum

03:33:31.100 --> 03:33:35.640
 mitigation and then the last option if they decide not to pursue either of the

03:33:35.640 --> 03:33:44.080
 first two methods would be payment in lieu of plantings oh and I'll take a

03:33:44.080 --> 03:33:49.360
 step back and just say the the developed area that you're seeing here which all

03:33:49.360 --> 03:33:56.960
 of the the the parking the buildings the recreational space this developed area

03:33:56.960 --> 03:34:04.400
 existing has an existing tree canopy of approximately 65.5% this is not

03:34:04.400 --> 03:34:10.800
 including the the tree preservation area in the ESA while they are removing a lot

03:34:10.800 --> 03:34:16.520
 of this for this development they are proposing that 38% tree canopy with the

03:34:16.520 --> 03:34:20.960
 new landscape plantings and then if they do move forward with the the

03:34:20.960 --> 03:34:26.640
 conservation plantings within this conservation area they would also be

03:34:26.640 --> 03:34:33.360
 including or adding 18% canopy on the lot so it's it's roughly about a 10 to 15

03:34:33.360 --> 03:34:40.480
 percent loss of tree canopy I'll just briefly cover the concept elevations for

03:34:40.480 --> 03:34:44.520
 this site the applicant is going to go into more detail in a presentation after

03:34:44.520 --> 03:34:51.200
 after this they are proposing again building one four and five would follow

03:34:51.200 --> 03:34:56.400
 the same elevation per our code no more than three buildings would be able to

03:34:56.400 --> 03:35:01.080
 have the same elevation style so just building one four and five would show

03:35:01.080 --> 03:35:05.540
 what you're seeing here on the screen this is a three-story building it's

03:35:05.540 --> 03:35:11.760
 showing some balconies some offsetting vertical and horizontal breaks to just

03:35:11.760 --> 03:35:17.120
 make it look less of a you know a single building they are showing some of these

03:35:17.120 --> 03:35:21.600
 street plantings but of course this would actually look more full with the

03:35:21.600 --> 03:35:26.960
 additional plantings that they proposed building three that it's located on the

03:35:26.960 --> 03:35:32.600
 corner of Lakeview and Shady Shores would have a slightly altered elevation

03:35:32.600 --> 03:35:37.680
 you'll see it's just just has a slightly different relief on the end to just

03:35:37.680 --> 03:35:43.240
 break up the the monotony of the same buildings and then last this is the

03:35:43.240 --> 03:35:47.140
 final elevation for building four which would be that L-shaped building that

03:35:47.140 --> 03:35:52.320
 would overlook the ESA area this building would be the four-story building

03:35:52.320 --> 03:36:00.040
 and includes the leasing center here in in the the main entrance of the site so

03:36:00.040 --> 03:36:04.320
 talking about the surrounding development the the property shown is

03:36:04.320 --> 03:36:08.560
 here in yellow the proposed development that they are coming forth with is

03:36:08.560 --> 03:36:13.920
 approximately 13 dwelling units per acre so looking at that with the surrounding

03:36:13.920 --> 03:36:17.360
 development there is a lot of single-family homes to the north of this

03:36:17.360 --> 03:36:22.480
 site this is about moderate residential approximately five dwelling units per

03:36:22.480 --> 03:36:27.240
 acre there is a mobile home park area that is located a little bit further

03:36:27.240 --> 03:36:33.680
 west or northwest of the site but as you can see between the actual development

03:36:33.680 --> 03:36:38.120
 or proposed development and the residential there is park space that

03:36:38.120 --> 03:36:44.360
 buffers the two proposed uses there's some I believe it's Dallas Junior

03:36:44.360 --> 03:36:48.960
 Veterans Memorial Park is located right here there's an open space lot and then

03:36:48.960 --> 03:36:52.480
 there are trails that go through which actually also preserves a lot of the

03:36:52.480 --> 03:36:58.600
 floodplain that cuts through the property to the east of Lakeview which

03:36:58.600 --> 03:37:01.840
 really mirrors what the proposed development would be is an existing

03:37:01.840 --> 03:37:08.080
 multifamily property that was developed in 2007 that development that apartment

03:37:08.080 --> 03:37:13.920
 complex has approximately 15 dwelling units per acre which is slightly higher

03:37:13.920 --> 03:37:18.880
 you'll see then than the proposed development the pink areas that you see

03:37:18.880 --> 03:37:23.680
 here are undeveloped properties the one to the south is actually owned by the

03:37:23.680 --> 03:37:30.560
 same developer and is currently zoned for Highway Corridor and so that's a

03:37:30.560 --> 03:37:36.520
 little bit more of an intensive use the property to the east on Lakeview is

03:37:36.520 --> 03:37:42.120
 actually zoned MN so that is a lower density zoning and would also allow

03:37:42.120 --> 03:37:49.520
 multifamily if that were to ever come in the areas in red are existing auto deal

03:37:49.520 --> 03:37:55.480
 or auto sales car dealerships these are existing and have been there so what

03:37:55.480 --> 03:37:59.320
 you'll see here is that the proposed development it's separated by a rail line

03:37:59.320 --> 03:38:05.400
 and has an additional park buffer if you would call it between the residential to

03:38:05.400 --> 03:38:09.400
 the north and it it actually it just mirrors the same development that's

03:38:09.400 --> 03:38:16.520
 existing on the opposite side of Lakeview so I'll just generally go over

03:38:16.520 --> 03:38:21.080
 the general criteria for approval I won't go into too much detail I'll

03:38:21.080 --> 03:38:25.760
 actually stick to the SUP criteria for approval since there is a lot of

03:38:25.760 --> 03:38:31.400
 duplication in the kind of the requirements so the SUP criteria for

03:38:31.400 --> 03:38:36.600
 approval in section seven two point seven 2d speaks to whether the use

03:38:36.600 --> 03:38:41.520
 specific use permit is compatible with the surrounding area whether it has

03:38:41.520 --> 03:38:45.900
 minimal impacts the future development of the area if it complies with all

03:38:45.900 --> 03:38:52.020
 standards of the DDC and other city codes how it impacts access traffic

03:38:52.020 --> 03:38:56.720
 emergency services parking noise glare things like that

03:38:56.720 --> 03:39:00.880
 conformance with a comprehensive plan and then of course any impacts to the

03:39:00.880 --> 03:39:07.120
 health safety and welfare of our residents in the area so kind of just

03:39:07.120 --> 03:39:11.820
 marrying what I just spoke to a few slides ago about compatibility with the

03:39:11.820 --> 03:39:17.560
 surrounding area as I discussed you know the the proposed development while it

03:39:17.560 --> 03:39:23.640
 does abut this large residential area multifamily is one of those those

03:39:23.640 --> 03:39:30.080
 housing types that provides a smoother transition between housing rather than

03:39:30.080 --> 03:39:34.400
 you know high-intensity uses that would be allowed in the suburban corridor

03:39:34.400 --> 03:39:44.240
 district such as auto you know auto maintenance uses auto repair oh my gosh

03:39:44.240 --> 03:39:47.760
 I blinked out at the top of my head but more intensive commercial retail

03:39:47.760 --> 03:39:54.000
 restaurant multifamily kind of adds that that buffer between those uses also as I

03:39:54.000 --> 03:39:59.280
 mentioned it is mimicking what is existing in the area it's not kind of

03:39:59.280 --> 03:40:04.280
 proposing you know another another auto dealership or something more intensive

03:40:04.280 --> 03:40:10.560
 so multifamily is compatible with what's on the ground today it is sort of that

03:40:10.560 --> 03:40:15.560
 supportive residential use that would come in with future development of any

03:40:15.560 --> 03:40:20.040
 high-intensity commercial under that highway corridor zoning that you see

03:40:20.040 --> 03:40:27.560
 here so as I mentioned that this is the the SC district MN abuts it to the the

03:40:27.560 --> 03:40:31.720
 east and it is also surrounded by highway corridor so it is unique within

03:40:31.720 --> 03:40:39.200
 the city in that rather than having you know maybe like a higher residential use

03:40:39.200 --> 03:40:44.680
 between it kind of just jumps straight into SC and again that comes with the

03:40:44.680 --> 03:40:50.480
 rezoning that came in 2017 as I mentioned park space and that DCTA right

03:40:50.480 --> 03:40:54.680
 of way provide a buffer between the moderate residential to the north and

03:40:54.680 --> 03:41:01.600
 that that general development pattern exists so staff feels that you know the

03:41:01.600 --> 03:41:05.320
 proposed development is in scale and similar to what you would find in

03:41:05.320 --> 03:41:10.480
 commercial areas especially along a primary arterial like Lakeview and it

03:41:10.480 --> 03:41:14.540
 does at least have a three points of access that would disperse the vehicle

03:41:14.540 --> 03:41:19.600
 ingress and egress towards I-35 I'm speaking to the future land use

03:41:19.600 --> 03:41:24.560
 designation this particular property does have four land use designations on

03:41:24.560 --> 03:41:30.500
 site it's a little bit difficult to read with this map but you know the primary

03:41:30.500 --> 03:41:34.280
 designations would be community mixed use and regional mixed use that kind of

03:41:34.280 --> 03:41:38.240
 creeps in on the west side the other two land use designations that cover the

03:41:38.240 --> 03:41:43.240
 property are this low residential area and in the park space I'll focus on the

03:41:43.240 --> 03:41:48.620
 first two since they do kind of dominate the the designations on the property so

03:41:48.620 --> 03:41:53.160
 community mixed use really looks to promote a mix of uses it's

03:41:53.160 --> 03:41:57.720
 predominantly commercial but residential is something that is permitted as a

03:41:57.720 --> 03:42:03.060
 complementary use for those commercial areas that will come in this again is

03:42:03.060 --> 03:42:08.120
 more of on a neighborhood scale commercial whereas the next designation

03:42:08.120 --> 03:42:12.240
 of regional regional mixed use promotes a mix of uses that serve regional

03:42:12.240 --> 03:42:17.440
 destinations this would be more moderate and high density residential higher

03:42:17.440 --> 03:42:21.780
 intensity commercial office entertainment it only excludes industrial

03:42:21.780 --> 03:42:26.760
 at that highest level but it does have that higher intensity scale so the

03:42:26.760 --> 03:42:31.040
 proposed development staff feels that is it's consistent with the blended goals

03:42:31.040 --> 03:42:38.600
 of both community mixed use and regional mixed use designations so next I'll

03:42:38.600 --> 03:42:43.080
 speak to you know adequate public facilities first transportation traffic

03:42:43.080 --> 03:42:48.640
 is is often a large topic of discussion with many of these developments this

03:42:48.640 --> 03:42:54.040
 proposed development would generate just over 1,600 trips within a 24-hour period

03:42:54.040 --> 03:43:00.960
 that would be 108 a.m. peak trips and 132 p.m. trips specific to this

03:43:00.960 --> 03:43:06.040
 intersection of Shady Shores and Lakeview there would be a net increase of

03:43:06.040 --> 03:43:12.520
 145 trips related to this development that would be 68 a.m. peak trips and 77

03:43:12.520 --> 03:43:19.360
 p.m. peak trips Lakeview Boulevard is as I mentioned a primary arterial Shady

03:43:19.360 --> 03:43:23.680
 Shores is currently listed as a collector on our current mobility plan

03:43:23.680 --> 03:43:28.960
 but I did want to note that the 2020 mobility plan does propose Shady Shores

03:43:28.960 --> 03:43:32.840
 as a local street so this would be a downgrade in the current does it roadway

03:43:32.840 --> 03:43:39.200
 classification a traffic impact analysis was conducted for this

03:43:39.200 --> 03:43:45.840
 development recommendations from the TIA did indicate that a left and right turn

03:43:45.840 --> 03:43:52.480
 deceleration lane along Shady Shores would be recommended this requirement

03:43:52.480 --> 03:43:57.160
 was waived by our city engineer due to a few things the applicant is proposing on

03:43:57.160 --> 03:44:03.520
 street parking which would serve to slow some of that traffic going westbound on

03:44:03.520 --> 03:44:10.600
 Shady Shores and the number of turn turning movements at those driveways

03:44:10.600 --> 03:44:16.640
 were not as significant as would be on other sites where you would need

03:44:16.640 --> 03:44:22.480
 significant deceleration another recommendation that came out of this was

03:44:22.480 --> 03:44:29.200
 that related to the intersection of Shady Shores and Lakeview a signal was

03:44:29.200 --> 03:44:34.360
 warranted by the existing traffic at this intersection so as you can see from

03:44:34.360 --> 03:44:42.240
 from the previous numbers provided the existing traffic is around 3239 weekday

03:44:42.240 --> 03:44:47.080
 trips within a 24-hour period the proposed development is again only

03:44:47.080 --> 03:44:53.280
 providing a net increase of 145 trips so the developer would be responsible for a

03:44:53.280 --> 03:44:56.480
 proportional cost of any signal improvements on this site but it would

03:44:56.480 --> 03:45:05.360
 be roughly 5% in addition to roadway traffic the TIA did look at pedestrian

03:45:05.360 --> 03:45:11.600
 multimodal analysis in this so the TIA did recommend that bike pit access be

03:45:11.600 --> 03:45:17.000
 provided along Shady Shores and Lakeview the applicant is proposing a 7-foot

03:45:17.000 --> 03:45:22.800
 sidewalk along Lakeview as well as an 8-foot sidewalk along Shady Shores and

03:45:22.800 --> 03:45:26.880
 of course because of our Denton development requirements they are

03:45:26.880 --> 03:45:31.320
 required to connect to the existing sidewalk sidewalk that is located on the

03:45:31.320 --> 03:45:37.920
 west and extending this at least to the property boundaries on Lakeview the

03:45:37.920 --> 03:45:45.720
 applicant is also proposing a crosswalk from the eastern or sorry western side

03:45:45.720 --> 03:45:49.320
 of Lakeview onto the eastern side so that a connection can be made to the

03:45:49.320 --> 03:45:56.760
 Denton Katie Trail that runs along the DCTA rail line it would also provide

03:45:56.760 --> 03:46:02.920
 this connection to the park that is located to the north transit was also

03:46:02.920 --> 03:46:09.720
 looked at within the TIA there is no DCTA stop located on the a-train and

03:46:09.720 --> 03:46:13.280
 there is no bus service in the area but due to the development and the increased

03:46:13.280 --> 03:46:21.920
 demand they do recommend or did recommend that future consideration be made as

03:46:21.920 --> 03:46:28.080
 relates to public infrastructure the site does have accessibility to an

03:46:28.080 --> 03:46:33.000
 existing 16 inch line off of Lakeview Lakeview for water services and there is

03:46:33.000 --> 03:46:38.680
 capacity for this development to be served in terms of wastewater the

03:46:38.680 --> 03:46:44.200
 closest wastewater line would be located where this square is off a post oak

03:46:44.200 --> 03:46:47.960
 boulevard so in order to serve this development the applicant would need to

03:46:47.960 --> 03:46:54.720
 extend what wastewater lines all the way up to this this this area it was also

03:46:54.720 --> 03:47:01.880
 noted during the review that the demand for this proposed development could not

03:47:01.880 --> 03:47:06.600
 be served sufficiently with the existing infrastructure so staff is

03:47:06.600 --> 03:47:11.040
 recommending a condition of approval that improvements in the form of either

03:47:11.040 --> 03:47:17.940
 upsizing the line or improvements to the the lift station sorry pumping capacity

03:47:17.940 --> 03:47:24.640
 of the lift station be addressed as this as this project progresses forward so

03:47:24.640 --> 03:47:29.800
 that would be between this square in this triangle improvements along the

03:47:29.800 --> 03:47:35.320
 existing wastewater line here and then the existing lift station is located a

03:47:35.320 --> 03:47:40.840
 little bit further up on Lakeview so of course any excuse me any

03:47:40.840 --> 03:47:46.200
 improvements that would be made would be credited towards any tap and impact fees

03:47:46.200 --> 03:47:53.360
 that are required once this development goes through the permitting process as I

03:47:53.360 --> 03:47:58.160
 mentioned before the site is located at least a hundred feet in a direct line

03:47:58.160 --> 03:48:02.800
 from the existing part to the north this is Dallas J veterans or Dallas Junior

03:48:02.800 --> 03:48:08.200
 Veterans Memorial Park even though is it is really just a hundred feet in a

03:48:08.200 --> 03:48:13.000
 direct line the closest and safest route would just be even so less than a

03:48:13.000 --> 03:48:20.240
 quarter mile even even so the the applicant is proposing on-site amenities

03:48:20.240 --> 03:48:25.240
 that I mentioned earlier that would be the active and passive recreation within

03:48:25.240 --> 03:48:33.440
 that open space area staff did get in contact with DISD regarding the capacity

03:48:33.440 --> 03:48:40.120
 of our school system so pretty at DISD this site would generate 69 additional

03:48:40.120 --> 03:48:44.280
 elementary students 15 middle school students and 18 high school students

03:48:44.280 --> 03:48:48.440
 these would be within the attendance zones of Stevens Elementary Meyers

03:48:48.440 --> 03:48:53.200
 Middle School and Ryan High School the elementary school does have capacity to

03:48:53.200 --> 03:48:57.840
 serve the development and as does Myers Middle School and Ryan High School

03:48:57.840 --> 03:49:04.000
 however that would be limited capacity that DISD would serve to accommodate as

03:49:04.000 --> 03:49:07.240
 long as there's no additional residential growth within the attendance

03:49:07.240 --> 03:49:12.880
 zone they also did not have any additional concerns with this

03:49:12.880 --> 03:49:19.040
 development in particular staff did reach out through public notices a legal

03:49:19.040 --> 03:49:26.480
 ad and the applicant did provide their notices or their signs on the site

03:49:26.480 --> 03:49:32.040
 within 200 feet we did not receive any immediate responses however staff has

03:49:32.040 --> 03:49:39.440
 received responses from approximately 28 people as of today 21 of those these

03:49:39.440 --> 03:49:45.920
 would be outside or within and outside the 500 foot area 21 responses in

03:49:45.920 --> 03:49:50.360
 opposition two in favor and five would be neutral or just seeking general

03:49:50.360 --> 03:49:54.720
 information so staff received these responses via email phone calls and

03:49:54.720 --> 03:50:01.240
 through the online form that is on our website and I will mention this the the

03:50:01.240 --> 03:50:05.680
 applicant did hold three neighborhood meetings these were meetings with the

03:50:05.680 --> 03:50:11.440
 pecan preserve at Pecan Creek HOA to get feedback regarding their development

03:50:11.440 --> 03:50:17.760
 plans and with this staff is recommending approval of the SUP with

03:50:17.760 --> 03:50:21.560
 the following conditions one that landscaping in the attached plan

03:50:21.560 --> 03:50:26.080
 reflects an intent to comply with our current DDC requirements that's regards

03:50:26.080 --> 03:50:30.120
 to parking street trees minimum landscape and canopy areas as well as the

03:50:30.120 --> 03:50:34.160
 compatibility buffers so this would allow minor alterations to the depicted

03:50:34.160 --> 03:50:39.480
 locations of individual plantings and final individual plant selections that

03:50:39.480 --> 03:50:43.520
 could be approved by city staff provided that those final landscaping

03:50:43.520 --> 03:50:48.840
 complies with the attached plan again in terms of buffer overall landscaping

03:50:48.840 --> 03:50:53.040
 street trees mature tree canopy as well as other elements in the Denton

03:50:53.040 --> 03:50:59.200
 Development Code second relates to tree preservation so the tree preservation

03:50:59.200 --> 03:51:03.120
 shown on the attached plans really just reflects an intent to comply with the

03:51:03.120 --> 03:51:07.920
 2019 development code standards for tree preservation replacement and

03:51:07.920 --> 03:51:13.680
 mitigation however as I mentioned before mitigation through the use of plantings

03:51:13.680 --> 03:51:18.560
 within the conservation easement would be dedicated to the city but it also may

03:51:18.560 --> 03:51:23.400
 be met using the Denton Wildscape program payment in lieu or any other

03:51:23.400 --> 03:51:28.680
 method as permitted in the Denton Development Code section 7.74 which

03:51:28.680 --> 03:51:33.640
 relates to tree preservation the third condition relates to sidewalk

03:51:33.640 --> 03:51:38.980
 extensions so site sidewalks must be constructed concurrent with other public

03:51:38.980 --> 03:51:43.360
 improvements along the frontages of Lakeview Boulevard and Shady Shores Road

03:51:43.360 --> 03:51:46.960
 that would ensure that there's that connectivity with the development

03:51:46.960 --> 03:51:50.840
 ensuring that there's pedestrian pedestrian and bike access around the

03:51:50.840 --> 03:51:56.560
 area fourth there was a change in the condition from the staff report until

03:51:56.560 --> 03:52:01.320
 now the applicant did request some minor changes and staff did not have any

03:52:01.320 --> 03:52:06.040
 opposition to this which was just to reduce the specificity of the

03:52:06.040 --> 03:52:11.200
 improvements required so for sewer extension off-site sanitary upgrades and

03:52:11.200 --> 03:52:15.040
 or improvements to the downstream wastewater infrastructure must be

03:52:15.040 --> 03:52:19.360
 constructed concurrent with other required public improvements in order

03:52:19.360 --> 03:52:26.480
 to serve the multifamily development fourth sorry I had to catch my breath

03:52:26.480 --> 03:52:30.880
 would be related to that easement abandonment again approval of the

03:52:30.880 --> 03:52:35.080
 structural analysis of those proposed retaining walls along the right-of-way

03:52:35.080 --> 03:52:39.960
 would need to be approved with the civil engineering plans and and prior to

03:52:39.960 --> 03:52:45.240
 final plan approval as well as approval of the proposed abandonment of for the

03:52:45.240 --> 03:52:49.800
 four slope and drainage easements that were shown next relates to the

03:52:49.800 --> 03:52:54.200
 alternative ESA plan that will be following this presentation approval of

03:52:54.200 --> 03:52:58.200
 an AESA would be required for those proposed encroachments related to the

03:52:58.200 --> 03:53:06.100
 retaining walls into the riparian buffer and floodplain ESA seventh condition is

03:53:06.100 --> 03:53:10.680
 just to make sure that that zoning map zoning map reflects the SUP on on the

03:53:10.680 --> 03:53:14.760
 property consistent with our 2019 code and then of course any administrative

03:53:14.760 --> 03:53:21.200
 approvals within the first condition the city would have the ability to do that

03:53:21.200 --> 03:53:26.320
 in addition to this want to make sure that some of those site elements that are

03:53:26.320 --> 03:53:31.000
 provided in the site plan in Alaska landscape plan remain with this plan but

03:53:31.000 --> 03:53:36.120
 allow staff to make that the ability to increase any of those amounts by at

03:53:36.120 --> 03:53:41.560
 least 5% and this would be related to the number of dwelling units provided

03:53:41.560 --> 03:53:46.280
 that the number of buildings remains the same I'm sorry that they may increase

03:53:46.280 --> 03:53:49.480
 the number of buildings provided there's a number of units and building for

03:53:49.480 --> 03:53:53.400
 footprint remains the same it also relates to the gathering and open

03:53:53.400 --> 03:53:57.480
 gathering in open areas such as that fitness center and some of the amenities

03:53:57.480 --> 03:54:01.240
 that were provided I won't read through it too quickly but it also talks about

03:54:01.240 --> 03:54:07.840
 parking tree preservation and access so with that I can answer any questions the

03:54:07.840 --> 03:54:11.760
 applicant is available on the line and does have a presentation lined up if

03:54:11.760 --> 03:54:17.200
 if there's no questions for me Korean I have one question right through the bat

03:54:17.200 --> 03:54:22.560
 and I just wanted some context it goes back to my previous statement about

03:54:22.560 --> 03:54:28.360
 number of dwelling units flooding the city without any seemingly jobs we

03:54:28.360 --> 03:54:34.800
 approved a grocery store for this lot what what happened to the grocery store

03:54:34.800 --> 03:54:39.840
 can you provide some history of why we're moving from jobs to houses again

03:54:39.840 --> 03:54:47.040
 definitely I can so going back to that rezoning that came in in 2017 when that

03:54:47.040 --> 03:54:52.440
 rezoning came in it was for the obviously to downs on the property from

03:54:52.440 --> 03:54:57.040
 that RCR district down to suburban corridor when the applicant at the time

03:54:57.040 --> 03:55:03.040
 came in and made the presentation to to the PNZ and City Council they did make

03:55:03.040 --> 03:55:07.080
 the kind of the claim or the intent that they would be pretty putting in that

03:55:07.080 --> 03:55:12.520
 grocery store fueling station but there was no condition or overlay made with

03:55:12.520 --> 03:55:16.680
 that approval indicating that that would be the the only development on the

03:55:16.680 --> 03:55:22.680
 property so as they move forward with their proposed development kind of the

03:55:22.680 --> 03:55:28.880
 it ended up falling through essentially there wasn't a grocery store that was

03:55:28.880 --> 03:55:33.300
 able to kind of move forward with that development so they are now coming back

03:55:33.300 --> 03:55:38.400
 with the residential portion of it and I believe they're on the call so they can

03:55:38.400 --> 03:55:44.080
 answer that more clearly but to my knowledge and there was no specific

03:55:44.080 --> 03:55:49.960
 restriction site be developed as as retail it was just something that they

03:55:49.960 --> 03:55:54.640
 intended to do it's the same same property owner and applicant it is I

03:55:54.640 --> 03:55:58.960
 guess this is is exactly why when a zoning case comes to us we hear the

03:55:58.960 --> 03:56:05.560
 zoning portion and not get mystified by the promises that Unicorn Lake was gonna

03:56:05.560 --> 03:56:10.200
 get a grocery store because I know a lot of residents there were excited to not

03:56:10.200 --> 03:56:16.000
 being a food desert and have a grocery store so I'll let the other Christmas

03:56:16.000 --> 03:56:19.680
 ask any questions they have and then the applicant can certainly provide their

03:56:19.680 --> 03:56:24.200
 presentation Christian back yeah thank you chair I actually that my first point

03:56:24.200 --> 03:56:29.480
 was exactly yours I I wasn't on commit commission at that time but I read back

03:56:29.480 --> 03:56:34.440
 through and and feedback from the community seemed to completely agree with

03:56:34.440 --> 03:56:40.740
 everything you just said my question to staff is a little bit about the roadways

03:56:40.740 --> 03:56:44.640
 and little chicken and egging that I want to make sure that we're not making

03:56:44.640 --> 03:56:52.640
 you can educate me on and that is on and it's a and I'm getting slightly ahead so

03:56:52.640 --> 03:56:56.920
 I may have to revisit this in the next item and if so please tell me and I will

03:56:56.920 --> 03:57:03.640
 but it seems to me that the mobility plan affects this item and so if we are

03:57:03.640 --> 03:57:09.560
 going to downgrade the mobility plan from a local collector to a local street

03:57:09.560 --> 03:57:15.320
 and those have different designations and different rules different TIs and you

03:57:15.320 --> 03:57:19.040
 you mentioned an intersection on the 5% that the developer would have to pay

03:57:19.040 --> 03:57:23.920
 for the light if we downgrade that but it's my understanding please correct me

03:57:23.920 --> 03:57:31.840
 that if that you have to have a certain size street on the mobility plan to

03:57:31.840 --> 03:57:39.280
 justify seven four seven eight a which is the use of the alternative easement

03:57:39.280 --> 03:57:45.800
 provisions for disturbance and so yeah I know I'm mixing two items here and I

03:57:45.800 --> 03:57:50.920
 don't I I'm aware of that but it does seem like them if the mobility plan is

03:57:50.920 --> 03:57:55.200
 going to downgrade to something that doesn't allow the open her can you

03:57:55.200 --> 03:58:04.960
 educate me about that so I could probably speak to the encroachment and

03:58:04.960 --> 03:58:10.480
 maybe Christie could probably speak to that better in the next presentation I

03:58:10.480 --> 03:58:13.000
 was gonna say if it's if it's more appropriate to bring it up in next

03:58:13.000 --> 03:58:18.320
 presentation but the reason I bring it up now is is if we vote on this now and

03:58:18.320 --> 03:58:26.720
 then we have to say the alt ESA is invalid then we invalidate this one so

03:58:26.720 --> 03:58:30.520
 this is where we're saying it's a little chicken and eggy so I do think it's

03:58:30.520 --> 03:58:36.500
 appropriate to bring it up at this point definitely so within those ESA areas

03:58:36.500 --> 03:58:42.560
 there are obviously encroachment is prohibited there are certain allowances

03:58:42.560 --> 03:58:47.360
 within those areas that that wouldn't require the ESA the alt ESA and some

03:58:47.360 --> 03:58:51.720
 that would regarding the encroachment into Shady Shores that would be a

03:58:51.720 --> 03:58:57.120
 permitted activity is not actually part of the AESA presentation that's coming

03:58:57.120 --> 03:59:01.000
 up after this but you do make I do understand your point is that if the

03:59:01.000 --> 03:59:05.400
 property is downgraded or I'm sorry not the property but the the roadway

03:59:05.400 --> 03:59:10.720
 classification of Shady Shores is downgraded from a collector to a local

03:59:10.720 --> 03:59:14.480
 street then that would affect you know whether they could encroach or not I

03:59:14.480 --> 03:59:21.440
 would speak to the current mobility plan which is currently in effect so while we

03:59:21.440 --> 03:59:27.080
 are while I did indicate that it is in the draft mobility plan to be downgraded

03:59:27.080 --> 03:59:30.880
 isn't something that is in place currently so we would have to go with

03:59:30.880 --> 03:59:36.560
 whatever the the current mobility plan states now so I don't know if Richard

03:59:36.560 --> 03:59:40.520
 wants to jump in on this but we also have some of our traffic engineering staff

03:59:40.520 --> 03:59:45.480
 that might be able to speak on this on the call I think the only thing I'll add

03:59:45.480 --> 03:59:49.880
 is really two different things that the slope easement is really related to the

03:59:49.880 --> 03:59:54.800
 road and construction and maintenance of that separate and apart from the

03:59:54.800 --> 03:59:59.360
 environmentally sensitive area and so I think I think there's a number of issues

03:59:59.360 --> 04:00:03.400
 and I'm sure they'll get into it when they get into their presentation but

04:00:03.400 --> 04:00:06.920
 there will be substantial grading on this site as well so at that point in

04:00:06.920 --> 04:00:11.720
 time once that's done and some of those road improvements are done sidewalks are

04:00:11.720 --> 04:00:15.600
 put in that slope easement most likely won't be needed because quite honestly

04:00:15.600 --> 04:00:19.960
 there probably won't be a slope once they once they grade the site but again

04:00:19.960 --> 04:00:25.160
 I'll let them explain a little more in detail how that how they'll do that if

04:00:25.160 --> 04:00:30.160
 that helps and I know Shandra's on the phone as well from traffic

04:00:30.160 --> 04:00:37.320
 engineering okay so the thing I think this is more I was reading it in 747 which

04:00:37.320 --> 04:00:42.720
 I think is more of the sustainability and environmental section that as I

04:00:42.720 --> 04:00:48.000
 understand it I mean I just don't want us to get in the situation where we we

04:00:48.000 --> 04:00:52.840
 have a road that where as a larger road it allows us to make certain exceptions

04:00:52.840 --> 04:00:58.600
 for mobility but then we say we're going to downgrade this road and and then I

04:00:58.600 --> 04:01:08.400
 take hers Karina's point that I take her he was point that that we're looking at

04:01:08.400 --> 04:01:13.560
 the conditions now but then we we approve it the conditions now and then

04:01:13.560 --> 04:01:18.880
 the very next item we're talking about Alt ESA and the future and we're setting

04:01:18.880 --> 04:01:24.560
 up this sort of reverse domino and and I just want to be careful that you know we

04:01:24.560 --> 04:01:28.560
 we look at the large picture here and a lot you know what is allowed for a

04:01:28.560 --> 04:01:32.560
 certain size Street and and and you know what are the rules for a certain site

04:01:32.560 --> 04:01:37.280
 thing and I feel like we're we're we're definitely putting a little bit of the

04:01:37.280 --> 04:01:41.120
 cart before the horse on this one

04:01:41.120 --> 04:01:49.280
 I'm not sure if Christy if you just want to touch on the point related to you

04:01:49.280 --> 04:01:55.680
 know permitted encroachments yeah maybe that's all again I want to make sure we

04:01:55.680 --> 04:01:59.620
 were talking about the road separately from the Alt ESA because the road the

04:01:59.620 --> 04:02:04.480
 road has not has no effect on the road designation is no effect on the Alt ESA

04:02:04.480 --> 04:02:08.360
 Christie's mentioned that she does have a slide relating specifically to that

04:02:08.360 --> 04:02:12.240
 encroachment in the next presentation I'm not I know it goes back to your point

04:02:12.240 --> 04:02:16.200
 that we're putting the the cart before the horse and it's I'm not sure if you

04:02:16.200 --> 04:02:21.600
 want her to address maybe very briefly that item now in the next I don't know

04:02:21.600 --> 04:02:24.480
 if we're allowed to do that that's I'm trying to be really careful as the

04:02:24.480 --> 04:02:35.080
 proper rules here I just don't you know I would perhaps defer to Cynthia I think

04:02:35.080 --> 04:02:38.040
 it's important to note that we have a condition one of the conditions of

04:02:38.040 --> 04:02:43.440
 approval is approval of the alternate ESA so if that alternate ESA is

04:02:43.440 --> 04:02:47.400
 ultimately not approved by council then they could not meet that condition of

04:02:47.400 --> 04:02:51.000
 approval and therefore could not proceed I thought about that Richard but if we

04:02:51.000 --> 04:02:54.720
 are going to downgrade the road that that's a future event which means that

04:02:54.720 --> 04:03:02.040
 but we're we're still considering it now it's so I I mean I I mean we can argue

04:03:02.040 --> 04:03:05.560
 and I and I would take the point that you have to look at the conditions on

04:03:05.560 --> 04:03:10.200
 the ground but if it's in the plan to downgrade the road then you see my

04:03:10.200 --> 04:03:14.640
 quandary here again I don't think that the downgrading of the road would would

04:03:14.640 --> 04:03:19.080
 have would have an effect either way I think I think it's identified that the

04:03:19.080 --> 04:03:24.400
 traffic signals needed with with or without it and then the only thing that

04:03:24.400 --> 04:03:30.840
 really partly changed was the waiver that again contingent on the approval of

04:03:30.840 --> 04:03:36.680
 the SGP of the diesel lanes but but I believe again I'm not the traffic

04:03:36.680 --> 04:03:41.240
 engineer and would defer to you would defer to Chandra who's on the line good

04:03:41.240 --> 04:03:44.960
 evening this is Chandra senior engineering traffic and I concur with

04:03:44.960 --> 04:03:50.280
 Richard that downgrading has no effect on either the traffic signal or to the

04:03:50.280 --> 04:03:56.960
 ESA the ground grading on the future mobility is actually due to the Lake

04:03:56.960 --> 04:04:01.280
 View Boulevard that's further up north is going to be terminating there would

04:04:01.280 --> 04:04:04.800
 not be adding an additional capacity on Lake View which is already four line

04:04:04.800 --> 04:04:11.880
 divided section but again I think this is my issue is that there I was reading

04:04:11.880 --> 04:04:17.280
 that there was rules about what were what kind of alternative sustainability

04:04:17.280 --> 04:04:25.400
 and ESA are allowed under different kinds of road conditions and the it was

04:04:25.400 --> 04:04:30.600
 stated that you could we could do the exceptions because this was a road on

04:04:30.600 --> 04:04:34.800
 the mobility plan the way that we made that argument in Roselon that we could

04:04:34.800 --> 04:04:38.240
 put a bridge over that without consideration because it's on it's a

04:04:38.240 --> 04:04:43.440
 known mobility plan road if we're downgrading this off sort of the the

04:04:43.440 --> 04:04:48.320
 standard collector and arterial designation then are we not then just

04:04:48.320 --> 04:04:53.520
 saying that we're using one set of rules and immediately downgrading them to an

04:04:53.520 --> 04:05:01.560
 appropriate set of rules it was on the plan to be downgraded since it will not

04:05:01.560 --> 04:05:08.000
 generate the amount of traffic that was initially conceived in 2015 mobility

04:05:08.000 --> 04:05:13.840
 plan but with the developments that's going in and what's out there there is

04:05:13.840 --> 04:05:22.000
 not enough capacity even to justify widening it even more larger section but

04:05:22.000 --> 04:05:33.800
 it doesn't have to do anything with the environmentally sensitive areas okay my

04:05:33.800 --> 04:05:39.680
 guess my question isn't one of traffic it's one of the appropriate alignment

04:05:39.680 --> 04:05:48.720
 set of rules for a sustainable element up against a traffic item all right I will

04:05:48.720 --> 04:05:52.560
 I will yield the floor and think about if I can restate this question in a

04:05:52.560 --> 04:05:59.160
 different way thank you mr. Beck I think at this point let's go ahead and invite

04:05:59.160 --> 04:06:04.760
 oh Chris Ellis thanks I did just have a quick yeah maybe a quick question for

04:06:04.760 --> 04:06:09.300
 staff it has to do with the traffic light that would be required when would

04:06:09.300 --> 04:06:16.320
 that go in um since the TIA did indicate that the traffic signal is warranted due

04:06:16.320 --> 04:06:20.600
 to existing traffic this would be on the responsibility of the city to to put it

04:06:20.600 --> 04:06:28.200
 in I believe it is not currently on a CIP plan or on a bonded on a bond that

04:06:28.200 --> 04:06:33.920
 is existing so this would this would be something that we would need to identify

04:06:33.920 --> 04:06:39.600
 existing funds for in order to to appropriately plan for this and I don't

04:06:39.600 --> 04:06:46.280
 know if this is also another item that Chandra would like to speak on yes

04:06:46.280 --> 04:06:51.960
 that's correct since it's not a high priority based on safety or any

04:06:51.960 --> 04:06:58.760
 identified improvements out there so it will be on low priority whenever we have

04:06:58.760 --> 04:07:04.120
 funds to address the need of course there is need for a signal right now but

04:07:04.120 --> 04:07:08.960
 it doesn't warrant we have a high priority locations that's already

04:07:08.960 --> 04:07:15.960
 waiting to be in the signal okay so I think what I hear you saying is no time

04:07:15.960 --> 04:07:21.640
 soon is the traffic light going in that's correct okay so I would think it

04:07:21.640 --> 04:07:25.320
 would be a very high priority for the people already in the neighborhood where

04:07:25.320 --> 04:07:30.400
 the traffic signal is warranted before we put 300 more dwelling units in the

04:07:30.400 --> 04:07:39.880
 area but that's just my opinion okay I think we're to go ahead and allow the

04:07:39.880 --> 04:07:45.940
 applicant the opportunity to present I'm not sure who the applicant is but if

04:07:45.940 --> 04:07:51.100
 they could just unmute themselves and say their name and their address you

04:07:51.100 --> 04:07:55.840
 have ten minutes to present your presentation

04:08:13.080 --> 04:08:20.920
 is the applicant on I believe Gerald Lukey or Charles Hodges might be

04:08:20.920 --> 04:08:27.000
 making can we try it again Richard or mr. Roselle can you hear me I sure can

04:08:27.000 --> 04:08:33.400
 Charles thank you this is Charles Hodges with Hodges architecture one three six

04:08:33.400 --> 04:08:39.600
 four two Omega Dallas we represent the ownership of covenant development in the

04:08:39.600 --> 04:08:45.240
 Weber Company in this matter we appreciate your time tonight I do want

04:08:45.240 --> 04:08:50.440
 to advise Karina that the video feed is actually coming in about a minute after

04:08:50.440 --> 04:08:56.320
 the live conversation so I'll be flying blind I can't see your screen it's

04:08:56.320 --> 04:09:01.920
 coming in a minute late to our servers evidently everyone's watching election

04:09:01.920 --> 04:09:07.480
 returns continuing to come in tonight you're on the first page of the

04:09:07.480 --> 04:09:13.720
 presentation yes if you could Karina put it on project overview or the second

04:09:13.720 --> 04:09:24.440
 page and let me know when it's up this is in fact a 300 unit urban living

04:09:24.440 --> 04:09:29.400
 community and I really want to start by saying that all multifamily is not

04:09:29.400 --> 04:09:34.280
 created equal there are a lot of different examples in the Denton area as

04:09:34.280 --> 04:09:40.400
 y'all may or may not know we've been involved doing the razor ranch project

04:09:40.400 --> 04:09:47.640
 since before I had grandkids and the oldest ones 11 now so I want to say that

04:09:47.640 --> 04:09:51.400
 there are many different types of multifamily and a lot of people throw

04:09:51.400 --> 04:09:57.080
 multifamily into one box and think it's all the same an urban living community

04:09:57.080 --> 04:10:03.240
 is really based on creating a special place and one that solves a lot of

04:10:03.240 --> 04:10:08.360
 issues in today's lifestyles our typical demographic is made up of young

04:10:08.360 --> 04:10:13.720
 professionals young married couples who don't want to or not able financially to

04:10:13.720 --> 04:10:19.720
 commit to a home but they want to be in that area it's also made up of empty

04:10:19.720 --> 04:10:23.920
 nesters and broken nesters who want to stay in their social circle but no

04:10:23.920 --> 04:10:30.440
 longer can afford or justify having a large home but want to be in that area

04:10:30.440 --> 04:10:36.400
 last is freedom seniors that's a category that really are folks that they

04:10:36.400 --> 04:10:40.160
 don't want to have a five-bedroom home when all the kids are gone and move away

04:10:40.160 --> 04:10:44.200
 they're beyond empty nesters because they want the freedom to live in a

04:10:44.200 --> 04:10:49.320
 community like this and turn all that maintenance obligation over to someone

04:10:49.320 --> 04:10:55.200
 else and be free to travel where they want to this type of urban living unit

04:10:55.200 --> 04:11:04.040
 is a set of amenities unlike any other the demands of today's world and somewhat

04:11:04.040 --> 04:11:09.320
 in answer to mr. Roselle's question about how are we creating jobs there

04:11:09.320 --> 04:11:15.280
 this unfortunate byproduct or the fortunate byproduct of the unfortunate

04:11:15.280 --> 04:11:22.840
 circumstances we're in now the remote working community is now enlarging on a

04:11:22.840 --> 04:11:29.060
 daily basis and it may in fact be a permanent fixture in the lifestyle from

04:11:29.060 --> 04:11:34.840
 here on out a lot of our folks and our residents may actually choose to work

04:11:34.840 --> 04:11:41.440
 remotely from their urban living community and what we provide in this

04:11:41.440 --> 04:11:48.160
 type of development is not an arrangement of three-story exterior stair

04:11:48.160 --> 04:11:55.160
 walk-up barracks looking garden apartments this is a combined community

04:11:55.160 --> 04:12:02.840
 which encourages socialization as the most remote robust data speed and

04:12:02.840 --> 04:12:10.440
 internet capabilities indoor and outdoor Wi-Fi zones with great strength and

04:12:10.440 --> 04:12:17.600
 consistency social areas that are concentrated both within and adjacent to

04:12:17.600 --> 04:12:23.480
 building clusters which really urge people not to be separated by many small

04:12:23.480 --> 04:12:29.200
 buildings but create a community or micro communities within one larger

04:12:29.200 --> 04:12:35.800
 combined building area shared workspaces for the remote work will be very

04:12:35.800 --> 04:12:41.560
 important in the new generation of urban community and a lot of other outdoor

04:12:41.560 --> 04:12:47.720
 social and gathering sites to create what we think is a unique living experience

04:12:47.720 --> 04:12:53.560
 and one that doesn't want to be held back by the past developments for the

04:12:53.560 --> 04:13:01.480
 last 30 years which are now obsolete prototypes in our three meetings with

04:13:01.480 --> 04:13:05.760
 the residents we had great meetings they were all very respectful I really

04:13:05.760 --> 04:13:12.440
 appreciated the tenor of all the meetings we learned a lot listening we

04:13:12.440 --> 04:13:17.880
 were able to go back and talk to the ownership about beefing up the street

04:13:17.880 --> 04:13:22.200
 tree array and and that's something that's not easy but we really listened

04:13:22.200 --> 04:13:27.360
 to what the president said about the experience along Lakeview and we went

04:13:27.360 --> 04:13:33.000
 back and and quite frankly spent a lot of money and and really beefed up and

04:13:33.000 --> 04:13:38.280
 actually added a second row of street trees that are understory trees to give

04:13:38.280 --> 04:13:45.480
 us a dimensional separation from Lakeview we heard a lot about the zoning issues

04:13:45.480 --> 04:13:52.600
 but again as Karina has very detailed explained that the multifamily isn't

04:13:52.600 --> 04:13:58.160
 allowed use and an appropriate use and a good transitional use for this piece of

04:13:58.160 --> 04:14:04.480
 property we heard about environmental present preservation and I think not only

04:14:04.480 --> 04:14:11.640
 have our efforts been realized and and certainly we work closely not only with

04:14:11.640 --> 04:14:17.920
 the city staff but also with parks and the first place I went when I began to

04:14:17.920 --> 04:14:23.600
 work on this was to approach mr. packin and drew Huffman and talk about what we

04:14:23.600 --> 04:14:30.160
 could make out of this preservation area keeping its pristine natural side but

04:14:30.160 --> 04:14:36.840
 also making it an inviting order for interface with wildlife access and

04:14:36.840 --> 04:14:43.080
 transportation were huge issues the amenities and resident profiles are

04:14:43.080 --> 04:14:47.300
 something that I will address in answer to some of the questions and then the

04:14:47.300 --> 04:14:51.480
 development history mr. Roselle and mr. back I'll actually answer your

04:14:51.480 --> 04:14:58.720
 questions about that as the process concludes Karina we can move to the next

04:14:58.720 --> 04:15:04.240
 side I'm sorry the next slide this illustrates in color the layout of the

04:15:04.240 --> 04:15:10.440
 buildings which occupy approximately 10 acres of an almost 22 acre piece of

04:15:10.440 --> 04:15:18.300
 property that preservation and conservation area comes one with the

04:15:18.300 --> 04:15:22.960
 building arrangement and we have set aside these areas and place these

04:15:22.960 --> 04:15:28.020
 buildings carefully with a lot of discussion with staff in order to

04:15:28.020 --> 04:15:34.320
 appreciate and respect the conservation and preservation areas but also to

04:15:34.320 --> 04:15:39.960
 create the urban edge that the staff encourages and almost mandates on every

04:15:39.960 --> 04:15:44.160
 property so that we move into a new generation of residential development

04:15:44.160 --> 04:15:53.480
 next slide please Karina environmental presentation are we on that slide it's

04:15:53.480 --> 04:15:57.360
 at the wild scapes program slide yeah I've moved on to the wildscape program

04:15:57.360 --> 04:16:03.720
 okay well while scapes is something we're very passionate about obviously

04:16:03.720 --> 04:16:08.600
 conservation and the encouragement of the park areas to when they are a

04:16:08.600 --> 04:16:16.040
 natural basin like this is we're very involved in bird conservation we found

04:16:16.040 --> 04:16:21.200
 that a program that now has over 2 million acres in bird conservation areas

04:16:21.200 --> 04:16:26.520
 throughout the area west of Fort Worth so it's near and dear to us as creative

04:16:26.520 --> 04:16:31.640
 architects and planners the wildscape program is something that we have

04:16:31.640 --> 04:16:37.960
 committed to try to get to their certification the state right now because

04:16:37.960 --> 04:16:44.240
 of COVID is not accepting certification applications but I think the interest is

04:16:44.240 --> 04:16:50.400
 there from parks now to work with us side-by-side to work with Texas Parks

04:16:50.400 --> 04:16:56.080
 and Wildlife and really make that conservation area all that it can be in a

04:16:56.080 --> 04:17:03.640
 respected wildlife quarter the next slide is access and transportation I

04:17:03.640 --> 04:17:08.160
 won't belabor these issues because Karina did a great job of explaining both the

04:17:08.160 --> 04:17:13.680
 entry and exit locations with the primary traffic in and out off of shady

04:17:13.680 --> 04:17:19.720
 shores I will point out on this slide in access and transportation this property

04:17:19.720 --> 04:17:24.640
 was actually granted a median break on Lakeview but we chose not to do that

04:17:24.640 --> 04:17:30.040
 with this particular use because we felt like that turn movements there and the

04:17:30.040 --> 04:17:35.520
 existing congestion on Lakeview could be helped by not creating left-hand turn

04:17:35.520 --> 04:17:43.700
 opportunity northbound on Lakeview we understand that the traffic is busy now

04:17:43.700 --> 04:17:49.440
 as your PIA and your city staff has pointed out it's already a low

04:17:49.440 --> 04:17:54.520
 performing intersection we think that and agree that obviously before we do

04:17:54.520 --> 04:18:02.120
 anything the the situation is already there the location this is the

04:18:02.120 --> 04:18:12.480
 transportation summary slide if you will please Karina we're on it okay thank

04:18:12.480 --> 04:18:17.240
 you it's very important to look at the reality not the perception but the

04:18:17.240 --> 04:18:22.240
 reality of what the ITE trip generation manuals and the accepted traffic

04:18:22.240 --> 04:18:28.040
 engineering standards show for our type of the development compared with retail

04:18:28.040 --> 04:18:34.360
 or grocery development as it showed in and was reflected in the PIA this

04:18:34.360 --> 04:18:40.680
 development generates approximately 1632 daily trips what's very important is the

04:18:40.680 --> 04:18:47.000
 comparison to retail or grocery store if this was a retail mix multi-tenant

04:18:47.000 --> 04:18:52.320
 retail mix it would approximately generate three times that amount of

04:18:52.320 --> 04:18:58.160
 traffic for 4717 daily trips and if it was a grocery store it would be almost

04:18:58.160 --> 04:19:04.360
 four times the daily trip generation of what our proposed development will do

04:19:04.360 --> 04:19:09.760
 and the thing that is important to think about a grocery store is active till 10

04:19:09.760 --> 04:19:15.200
 30 at night our residents get home they want to cook their dinner they want to

04:19:15.200 --> 04:19:20.680
 relax they want to be part of our amenities package her development pretty

04:19:20.680 --> 04:19:26.880
 well calms down at the end of the p.m. peak traffic period so we really don't

04:19:26.880 --> 04:19:32.840
 generate that 6 to 10 o'clock traffic a lot of these trips though are congested

04:19:32.840 --> 04:19:37.560
 of if it were a grocery store people would be on their way home already in

04:19:37.560 --> 04:19:42.400
 the p.m. peak and generating four times the amount of traffic so I think our

04:19:42.400 --> 04:19:49.520
 development is right size I think it is low impact and the IT trip generation

04:19:49.520 --> 04:19:53.800
 numbers basically compare our development with one small fast food

04:19:53.800 --> 04:19:58.080
 restaurant that probably wouldn't do Chick-fil-a right now because I think

04:19:58.080 --> 04:20:03.880
 they do even more than that but at this point I think that focusing on the

04:20:03.880 --> 04:20:09.160
 streets and the street improvements Shady Shores is a was a big interest of

04:20:09.160 --> 04:20:13.880
 ours to create a different streetscape there currently as you know and the

04:20:13.880 --> 04:20:19.000
 residents well know it's a two track road basically a two-lane patchwork

04:20:19.000 --> 04:20:23.120
 asphalt section it's not in great condition that's on the next

04:20:23.120 --> 04:20:30.200
 transportation improvement slide please Karina I apologize again I just can't

04:20:30.200 --> 04:20:38.760
 see your your your screen okay thank you obviously Shady Shores has an

04:20:38.760 --> 04:20:43.760
 opportunity and I was visiting with planning staff about this early on can we

04:20:43.760 --> 04:20:50.280
 improve that beyond what it is to change the character of the street and create

04:20:50.280 --> 04:20:56.360
 extra lane width extra buffer width and really make that street even though it's

04:20:56.360 --> 04:21:01.120
 being downgraded in the master mobility plan we can create a character street

04:21:01.120 --> 04:21:05.120
 there and that's why we added the on-street parking that's why we added

04:21:05.120 --> 04:21:11.200
 the 8-foot walk instead of 7 that's why we had the opportunity to create to

04:21:11.200 --> 04:21:15.880
 connect the bike and and mobility connections from a pedestrian and

04:21:15.880 --> 04:21:21.240
 bicycle standpoint yeah just gonna briefly interrupt you here you're at

04:21:21.240 --> 04:21:23.920
 your 10 minutes so there's a way to wrap it up I want to be respectful for the

04:21:23.920 --> 04:21:30.080
 individuals waiting online to start as well so to start checking in if we could

04:21:30.080 --> 04:21:36.860
 skip forward three slides to the street profiles I'll try to rush through this

04:21:36.860 --> 04:21:42.800
 it shows profiles of the sections of both Lakeview and Shady Shores are we on

04:21:42.800 --> 04:21:47.600
 that yes sir we're on the screen it's on the screen thank you thank you very much

04:21:47.600 --> 04:21:51.560
 there is a variable width right away along Shady Shores but I hope I've

04:21:51.560 --> 04:21:56.760
 adequately described the fact that we're trying to positively change the profile

04:21:56.760 --> 04:22:01.840
 of Shady Shores one thing that's made slip a lot of people and may not be

04:22:01.840 --> 04:22:05.960
 pointed out is the fact that along Lakeview there's a very wide right-of-way

04:22:05.960 --> 04:22:12.800
 section in addition to the buffer section and in fact there's about a 47

04:22:12.800 --> 04:22:19.080
 foot setback of the building rather than the 20 foot setback effectively there's

04:22:19.080 --> 04:22:25.440
 a 47 foot setback of the buildings along Lakeview which enables us to get our two

04:22:25.440 --> 04:22:31.520
 rows of trees in there without it looking cramped or cluttered our amenity

04:22:31.520 --> 04:22:36.240
 package I've described for you I won't bore you with a lot of shots of pretty

04:22:36.240 --> 04:22:41.460
 amenity areas obviously we intend to build the finest quality that's been

04:22:41.460 --> 04:22:47.240
 built in Denton our resident profiles very important and that was one of the

04:22:47.240 --> 04:22:51.800
 questions that the residents asked and we likened this and and really looked at

04:22:51.800 --> 04:22:57.560
 the comparison of our rental rate at about $1,200 to $1,750 a month which

04:22:57.560 --> 04:23:04.920
 equates to approximately the purchase of a $250,000 house it does not though

04:23:04.920 --> 04:23:10.280
 include the extra tax burden on a single-family residence purchase so

04:23:10.280 --> 04:23:14.400
 that's what we're really looking at is reality I've described the type of

04:23:14.400 --> 04:23:20.240
 residence we have average age around 37 married residents about eight roommates

04:23:20.240 --> 04:23:25.680
 potentially around six but the majority are single residents or young married

04:23:25.680 --> 04:23:30.160
 couples that are starting their professional life we've all been at that

04:23:30.160 --> 04:23:35.560
 stage and I would hope that we would embrace that and I think that one of the

04:23:35.560 --> 04:23:39.200
 goals that I read about in the record Chronicle the other day was how do we

04:23:39.200 --> 04:23:44.360
 keep our young professionals here how do we create those opportunities and housing

04:23:44.360 --> 04:23:50.280
 options to keep those young professionals here to become a part of development I

04:23:50.280 --> 04:23:56.440
 hope that we have answered we endeavored to answer the residents questions we had

04:23:56.440 --> 04:24:01.160
 three great meetings we tried to definitively answer all questions at the

04:24:01.160 --> 04:24:07.200
 end of our last meeting we heard no more questions so stand ready to answer any

04:24:07.200 --> 04:24:13.960
 questions at this point thank you for the presentation anyone have any

04:24:13.960 --> 04:24:20.520
 questions start out I don't see the first one I had you just mentioned that

04:24:20.520 --> 04:24:24.240
 you said the dinner I her chronic will talk about keeping people in Denton and

04:24:24.240 --> 04:24:27.960
 that you're in a strive to do that I didn't necessarily hear how you're

04:24:27.960 --> 04:24:31.720
 planning on keeping them in Denton you're not providing jobs for them so

04:24:31.720 --> 04:24:37.720
 can you help me understand that actually it's a connection with the fact that

04:24:37.720 --> 04:24:44.000
 remote working is now a real part of a lot of millennial and young lives as

04:24:44.000 --> 04:24:48.880
 well as myself at 69 in remote working right now I don't know that I'll do that

04:24:48.880 --> 04:24:53.560
 permanently but I think a lot of those young professional jobs are translating

04:24:53.560 --> 04:24:59.200
 to permanent off-site work remote working opportunity the fact that we are

04:24:59.200 --> 04:25:03.680
 putting so much into our technology we really think we're providing the best

04:25:03.680 --> 04:25:07.760
 launch pad for that in order to keep those folks within the Denton area and

04:25:07.760 --> 04:25:12.040
 not have them burning up the road as you described in the work session south

04:25:12.040 --> 04:25:18.000
 bound on 377 yeah I appreciate that and you and you kind of lead me to my next

04:25:18.000 --> 04:25:22.120
 point about burning up the road your initial slide was that all multifamily

04:25:22.120 --> 04:25:26.760
 living is our multifamily is not created equal and that you're creating an urban

04:25:26.760 --> 04:25:32.120
 living work environment but ran to a quick Google Maps the closest grocery

04:25:32.120 --> 04:25:37.280
 store is 3.6 miles away it's a Kroger Albertsons 3.4 miles away the

04:25:37.280 --> 04:25:42.700
 affirmation chick-fil-a is 3.4 miles away Chewie's is 3 miles away Jason's

04:25:42.700 --> 04:25:48.200
 deli Google says is a one-hour walk from your property dry cleaning is 3.9 miles

04:25:48.200 --> 04:25:53.160
 away and the closest gas station is 1.7 miles away if you walk down I-35

04:25:53.160 --> 04:25:56.640
 directly to quick trip so you mentioned the important looking at reality versus

04:25:56.640 --> 04:26:00.480
 perception I'm wondering how you're not creating us burning up the road when no

04:26:00.480 --> 04:26:07.040
 one can walk to anywhere in your urban living creation well I think that you

04:26:07.040 --> 04:26:11.000
 have to look at balance and everything and I'd like to address your your first

04:26:11.000 --> 04:26:15.480
 question with my last slide if I could Karina would you put the development

04:26:15.480 --> 04:26:20.840
 history slide up please yes sir let me let me pull that up right now that'd be

04:26:20.840 --> 04:26:38.960
 in my last next the last slide I guess okay it's on the screen thank you so

04:26:38.960 --> 04:26:44.160
 much mr. Roselle and answer your question this is the development history

04:26:44.160 --> 04:26:50.280
 our owner has owned this project for more than five years our owner is one of

04:26:50.280 --> 04:26:56.160
 the most noted retail developers in Texas he's probably done more target

04:26:56.160 --> 04:27:01.140
 anchored retail centers of large scale I know that they've created over 15

04:27:01.140 --> 04:27:06.840
 million square feet of retail and if retail was a reality here they're the

04:27:06.840 --> 04:27:11.960
 best to do it we've worked with them for 30 years and we know their retail history

04:27:11.960 --> 04:27:17.880
 and their capability but here was the reality of the site the original concept

04:27:17.880 --> 04:27:22.840
 was a program burger spent over four hundred thousand dollars in due

04:27:22.840 --> 04:27:28.280
 diligence cost and then terminated any interest in the project and abandoned it

04:27:28.280 --> 04:27:32.240
 they felt like there were restricted environmental conditions they felt like

04:27:32.240 --> 04:27:37.680
 there was a lack of residential density it just didn't fit their model and they

04:27:37.680 --> 04:27:41.840
 couldn't make it work after spending almost half a million dollars the site

04:27:41.840 --> 04:27:46.920
 was presented to many other retail grocers who all declined for similar

04:27:46.920 --> 04:27:53.760
 reasons we can't force them onto a site but the current plan that we're looking

04:27:53.760 --> 04:28:00.960
 at is lower impact it does serve to provide housing alternatives for other

04:28:00.960 --> 04:28:06.240
 people that we are trying to retain and attract to not only Denton but any city

04:28:06.240 --> 04:28:11.960
 and it does act as the appropriate buffer between the density residential

04:28:11.960 --> 04:28:18.920
 I-35 ambient noise at 80 decibels and a lot of other things there is a site

04:28:18.920 --> 04:28:25.480
 adjacent owned by the same team and they do have opportunity and intent to try to

04:28:25.480 --> 04:28:32.840
 attract retail across shady shores along and close to the northern perimeter of

04:28:32.840 --> 04:28:40.400
 that sign so it's not abandoned but we went through it many many times with the

04:28:40.400 --> 04:28:46.760
 best retail guys developing in this part of Texas if not the state and it wasn't

04:28:46.760 --> 04:28:53.720
 able to be delivered Grover terminated the negotiations and abandoned the

04:28:53.720 --> 04:28:59.620
 site I hope that answers the question about the history and and the

04:28:59.620 --> 04:29:04.720
 opportunity for retail it definitely answers the the question about this the

04:29:04.720 --> 04:29:09.400
 history of the property it doesn't necessarily address how you believe that

04:29:09.400 --> 04:29:14.800
 and a site that is with as far as I can see a radius of about four miles to

04:29:14.800 --> 04:29:21.480
 anything but car dealerships is urban living well being the proud owner of a

04:29:21.480 --> 04:29:26.440
 lot of retail myself co-tenancies come into play and unless you can assemble a

04:29:26.440 --> 04:29:33.400
 large co-tenancy contingent and you're going to be basically putting in fast

04:29:33.400 --> 04:29:38.280
 food restaurants and I don't think that's the best use of this site I do

04:29:38.280 --> 04:29:43.920
 know there is a need for a competent retail development within the area but

04:29:43.920 --> 04:29:49.920
 it's going to need and want to be larger than this with a better opportunity it

04:29:49.920 --> 04:29:54.480
 would require right off the bat left-hand turn in and left-hand out on

04:29:54.480 --> 04:30:00.120
 Lakeview I just think they've made the conscious decision to abandon that

04:30:00.120 --> 04:30:04.640
 opportunity here and work on that south side over there which is going to be

04:30:04.640 --> 04:30:11.320
 more appropriate for retail thank you very much for that answer so any

04:30:11.320 --> 04:30:20.800
 questions for the applicant okay great what I'd like to do now is because it's

04:30:20.800 --> 04:30:24.480
 public hearing is turn it over to those who've been waiting patiently to talk

04:30:24.480 --> 04:30:28.560
 beforehand I have this little script to read for this item we have four people

04:30:28.560 --> 04:30:31.800
 make comments using our online form there were two in support of this item

04:30:31.800 --> 04:30:36.000
 and two against all these common forms are emailed to the commissioners and our

04:30:36.000 --> 04:30:39.560
 city secretary to be recorded additionally there was one person who

04:30:39.560 --> 04:30:45.160
 called into our phone and their position was against the item and then finally we

04:30:45.160 --> 04:30:49.800
 have four people who have been waiting on the line to speak I think they're

04:30:49.800 --> 04:30:55.440
 piped in to the zoom call so we'll have first Timothy Smith if you could just

04:30:55.440 --> 04:30:58.920
 unmute yourself and state your name and address for the record you'll be given

04:30:58.920 --> 04:31:09.080
 four minutes to talk thank you my name is Timothy Smith I'm a professor up at

04:31:09.080 --> 04:31:16.560
 UNT and I just recently relocated to the Denton area I lived in the Richardson

04:31:16.560 --> 04:31:21.840
 North Dallas area for close to 30 years and one of the reasons why I chose to

04:31:21.840 --> 04:31:27.040
 relocate my family to this development was it was on the south edge of the

04:31:27.040 --> 04:31:33.120
 city it was outside of the urban crawl and other than a couple of high density

04:31:33.120 --> 04:31:39.040
 developments along shady shores it's it's pretty much a quiet and peaceful

04:31:39.040 --> 04:31:45.600
 place to live and and one point I want to make with the developer and the city

04:31:45.600 --> 04:31:51.120
 is is that the HOA of our neighborhood is not representing the citizens they

04:31:51.120 --> 04:32:00.200
 have left it up to us individually to oppose or support the proposed rezoning

04:32:00.200 --> 04:32:06.680
 of this area so your positive meetings that the developer had with certain

04:32:06.680 --> 04:32:11.440
 members of our board does not resonate with what's going on in our internal HOA

04:32:11.440 --> 04:32:18.000
 discussions on Facebook unfortunately I I wish more people would have publicly

04:32:18.000 --> 04:32:23.280
 spoken and oppose this development because the traffic already along the

04:32:23.280 --> 04:32:29.280
 shady shores Lake U heading up to the I-35 service road is it's pretty

04:32:29.280 --> 04:32:36.000
 horrible during the commute times I commute up to the university every day

04:32:36.000 --> 04:32:42.360
 commute home every day and I cannot tell you how many times I've almost been

04:32:42.360 --> 04:32:47.080
 accidentally hit on the I-35 service road if I go the shady shores route

04:32:47.080 --> 04:32:51.580
 which I choose not to go anymore I actually drive up to I-35 to get off of

04:32:51.580 --> 04:33:00.360
 the access road to avoid that blind corner putting in 300 plus high density

04:33:00.360 --> 04:33:07.520
 units on this property is only going to exacerbate that problem and listening to

04:33:07.520 --> 04:33:10.520
 the conference call it sounds like it's gonna be a long time before we would have

04:33:10.520 --> 04:33:15.400
 signals in this area putting street parking along shady short is not gonna

04:33:15.400 --> 04:33:25.880
 help with the congestion along that area the commute for me is is hair-raising

04:33:25.880 --> 04:33:30.920
 coming in and out of the neighborhood actually I ride my bike on a weekly

04:33:30.920 --> 04:33:37.120
 basis and we I just saw an individual this past weekend that got hit by a car

04:33:37.120 --> 04:33:41.800
 coming along Lakeview by the train tracks there because it's a very busy

04:33:41.800 --> 04:33:48.080
 area I tried to gain access to the traffic reports I put in a public

04:33:48.080 --> 04:33:52.320
 request for information on that and I have not received that yet and from what

04:33:52.320 --> 04:33:57.960
 I understand from reading your notes that this is all pre-COVID as far as the

04:33:57.960 --> 04:34:04.200
 analysis goes there have been additional houses built back in our development not

04:34:04.200 --> 04:34:09.160
 only in the last phase but in other phases that have increased the traffic

04:34:09.160 --> 04:34:16.080
 in the area beyond what I'm sure is represented within that report things

04:34:16.080 --> 04:34:22.680
 I'm concerned about is bringing in 300 residents let's say there's one and a

04:34:22.680 --> 04:34:27.400
 half cars per these 300 departments you're putting another 500 cars through

04:34:27.400 --> 04:34:33.960
 these intersections twice a day on a busy point of the day it it's gonna make

04:34:33.960 --> 04:34:36.880
 that horrible to come through that intersection the traffic that comes

04:34:36.880 --> 04:34:42.600
 along shady shores coming to where they either go straight on to I-35 North or

04:34:42.600 --> 04:34:47.680
 they take a left on to Lakeview going north to get on to I-35 South is

04:34:47.680 --> 04:34:53.200
 incredible it's backed up every morning it's backed up on Lakeview it's backed

04:34:53.200 --> 04:34:58.000
 up at the signals of 35 and that additional congestion is only going to

04:34:58.000 --> 04:35:04.920
 get worse with adding these additional units at this property mr. Smith I

04:35:04.920 --> 04:35:11.080
 appreciate you calling in the the timer has as passed but can I ask you a quick

04:35:11.080 --> 04:35:16.360
 question I don't know how this worked it's all right I have a quick question

04:35:16.360 --> 04:35:21.360
 for you if you were told this property was to develop with something not to be

04:35:21.360 --> 04:35:27.600
 left as blank land what would you want to see there the thing that we need on

04:35:27.600 --> 04:35:34.800
 this side of 35 and I disagree with the developer by putting in retail there we

04:35:34.800 --> 04:35:39.520
 need some grocery stores some restaurants some stuff that's closed if

04:35:39.520 --> 04:35:44.460
 you put in 300 apartments there there's nowhere there there's nowhere for them

04:35:44.460 --> 04:35:47.760
 to shop there's nowhere for them to go they're just going to be on the road

04:35:47.760 --> 04:35:52.040
 more trying to get access to stuff that I'm already accessing you know four or

04:35:52.040 --> 04:35:56.880
 five miles away at either one of the Kroger's or the the Albertsons that

04:35:56.880 --> 04:36:02.760
 south on 35 so I would like to see some sort of retail development or something

04:36:02.760 --> 04:36:09.200
 like townhomes that is more low density and less traffic for the area I

04:36:09.200 --> 04:36:17.960
 appreciate that answer mr. Beck can I can I ask the caller mr. Smith where do

04:36:17.960 --> 04:36:24.160
 you shop just out of curiosity in that in that neighborhood I'm either up off

04:36:24.160 --> 04:36:30.360
 of 288 or I'm going down towards and I just again I just really relocate this

04:36:30.360 --> 04:36:35.520
 area I go down towards Teasley Lane so I take a post oak to like Robinson down

04:36:35.520 --> 04:36:41.640
 towards you know that area to get to the to the Kroger that's down on the

04:36:41.640 --> 04:36:48.240
 Teasley Lane the closest place I go is three to four miles from my house at a

04:36:48.240 --> 04:36:52.020
 minimum mr. Smith sorry Commissioner Beck real fast you ever go down to the

04:36:52.020 --> 04:36:57.760
 Albertsons down in Corinth I actually have just recently found that so but

04:36:57.760 --> 04:37:04.360
 still that's you know that's 10 or 15 minutes away when I was in Richardson I

04:37:04.360 --> 04:37:09.320
 had places that were you know three blocks away and that did not increase

04:37:09.320 --> 04:37:12.940
 the traffic in our neighborhood and it's much higher density than what we have

04:37:12.940 --> 04:37:17.260
 here on the south side of Denton yeah sorry Commissioner Beckett is you saw

04:37:17.260 --> 04:37:22.160
 the four I apologize no no chair that's actually I the he answered and and it was

04:37:22.160 --> 04:37:27.600
 it was completely a nice follow-on thank you chair any other questions for mr.

04:37:27.600 --> 04:37:33.880
 Smith seen none I just want to thank the caller have a good night the next

04:37:33.880 --> 04:37:38.240
 individual we have waiting for us is Christie Shiflett I believe she is also

04:37:38.240 --> 04:37:44.040
 on zoom she can unmute herself and then say name and address for the record and

04:37:44.040 --> 04:37:47.800
 then you'll be provided four minutes thank you my name is Christie Shiflett

04:37:47.800 --> 04:37:53.840
 that address is 7612 Hinkley Oak Drive and Denton and that's in the preserves

04:37:53.840 --> 04:38:00.640
 I've spent quite a bit of time looking over our Denton 2030 plan and keep

04:38:00.640 --> 04:38:06.680
 going back to goal LU five where excuse me I'm a little nervous where that goal

04:38:06.680 --> 04:38:10.940
 is to enhance our community character and promote functionality and this

04:38:10.940 --> 04:38:16.480
 rezoning would not do that we have over 3,000 homes probably even close to 4,000

04:38:16.480 --> 04:38:21.600
 out back in this area there is no walkable retail anywhere we heard this

04:38:21.600 --> 04:38:26.240
 was going to be a Kroger in the entire neighborhood like me was saying this is

04:38:26.240 --> 04:38:30.320
 a great idea any type of retail where our children can have a part-time job

04:38:30.320 --> 04:38:35.800
 and walk to their part-time job and not have to have you know another car to get

04:38:35.800 --> 04:38:41.380
 to work would be ideal but I'm gonna have to disagree with the development

04:38:41.380 --> 04:38:44.920
 history where he's talking about the money that Kroger put into that area and

04:38:44.920 --> 04:38:49.600
 that was five years ago he kind of canceled himself out talking about

04:38:49.600 --> 04:38:53.480
 having more remote workers well yes we have a lot of remote workers in our

04:38:53.480 --> 04:38:59.280
 neighborhood and there's nowhere for us to go to grab a quick lunch or to go to

04:38:59.280 --> 04:39:03.800
 the grocery store or go for a walk on your lunch break to grab food because

04:39:03.800 --> 04:39:09.360
 there's nothing walkable we have no option of a walkable Denton if you use

04:39:09.360 --> 04:39:13.760
 this land to put more apartments there's already two apartment complexes there

04:39:13.760 --> 04:39:18.560
 and they don't have anywhere to walk to so I really hope that you think about

04:39:18.560 --> 04:39:25.240
 that goal and try to keep that track of land open so that we can have a walkable

04:39:25.240 --> 04:39:27.880
 Denton someday

04:39:27.880 --> 04:39:34.640
 ms. Shifflett I appreciate you calling in no need to be nervous is any is

04:39:34.640 --> 04:39:42.480
 anyone have any questions I kind of want to echo Commissioner Beck's questions

04:39:42.480 --> 04:39:46.800
 out of curiosity where's your grocery store of choice you don't have the name

04:39:46.800 --> 04:39:50.440
 but if you just have a location I actually do a lot of shopping at Whole

04:39:50.440 --> 04:39:55.200
 Foods so I'm in Flower Mound during the day so I'll stop at Whole Foods and then

04:39:55.200 --> 04:40:00.320
 come up 2499 but it would be we'd spoke in our neighborhood on the Facebook page

04:40:00.320 --> 04:40:06.200
 about one of those small whether it be Trader Joe's or Whole Foods or Central

04:40:06.200 --> 04:40:08.680
 Market somewhere like that do you know how much money people in this

04:40:08.680 --> 04:40:13.280
 neighborhood spend at stores like that that aren't in Denton and Denton doesn't

04:40:13.280 --> 04:40:19.080
 have one anywhere close we would have it would be good for the city it would be

04:40:19.080 --> 04:40:25.520
 great for our community and it would be ideal to have a smaller grocery store

04:40:25.520 --> 04:40:31.320
 like that I appreciate your insights I hope you have a good night thanks for

04:40:31.320 --> 04:40:37.400
 hanging out just late the next step is hope I pronounce this correctly lessel

04:40:37.400 --> 04:40:42.600
 Herrera if you could just unmute and then say your name and address you'll have

04:40:42.600 --> 04:40:49.360
 four minutes and it's lethal Herrera can you guys hear me we sure can okay great

04:40:49.360 --> 04:40:54.960
 um I am a resident of the Preserve at Pecan Creek my home is on Heron Pond Lane

04:40:54.960 --> 04:41:02.840
 at 4725 which would be in direct view of the proposed multi-unit development I am

04:41:02.840 --> 04:41:07.360
 not only concerned about the quality of life safety security but also the value

04:41:07.360 --> 04:41:12.120
 of homes in my neighborhood I personally am in the real estate industry and and

04:41:12.120 --> 04:41:16.920
 have knowledge of that I'm also very concerned about the capacity of our

04:41:16.920 --> 04:41:21.240
 current elementary and middle schools after speaking with several local real

04:41:21.240 --> 04:41:25.240
 estate agents that actively sell in our neighborhood they have warned that

04:41:25.240 --> 04:41:29.400
 property values will be negatively affected by a multi-unit property like

04:41:29.400 --> 04:41:33.920
 this in our area in direct view they cautioned that a decrease in property

04:41:33.920 --> 04:41:39.280
 value would occur and cause negative effects being as much as double digit

04:41:39.280 --> 04:41:44.780
 percentages besides it hurting us as homeowners the city will also be in

04:41:44.780 --> 04:41:50.520
 effect because of property taxes the schools that the preserve our zone for

04:41:50.520 --> 04:41:55.200
 are already in portable classroom units because of dealing with capacity issues

04:41:55.200 --> 04:42:01.680
 recently another concern that has been brought up is traffic the bottom line is

04:42:01.680 --> 04:42:07.040
 there's already an issue with traffic most days when my child goes off to

04:42:07.040 --> 04:42:12.680
 school it can take me 10 minutes to get to the light at 35 you guys already know

04:42:12.680 --> 04:42:17.560
 this it's been a an issue that's been brought up and it really concerns me

04:42:17.560 --> 04:42:21.200
 that they would even consider putting something like this in before that has

04:42:21.200 --> 04:42:25.680
 been dealt with adding 300 more residents will make it a nightmare and

04:42:25.680 --> 04:42:29.940
 our neighborhood is not being is not finished being developed homes are still

04:42:29.940 --> 04:42:34.720
 being built and it's already a mess there are many more negatives and

04:42:34.720 --> 04:42:40.560
 positives associated with this proposed development I encourage you to vote no

04:42:40.560 --> 04:42:46.520
 we already have two apartments in close proximity of here and we have no retail

04:42:46.520 --> 04:42:52.880
 no shopping nothing even close by us we all have to go to other cities and spend

04:42:52.880 --> 04:42:57.560
 our money and tax dollars and other communities that are not benefiting from

04:42:57.560 --> 04:43:03.160
 this and didn't what I would like to see as a resident is a strip center with

04:43:03.160 --> 04:43:08.440
 moms and pops or low-volume retail and what one of my other neighbors mentioned

04:43:08.440 --> 04:43:13.760
 a smaller more whole foods sprouts type grocery store that we don't already have

04:43:13.760 --> 04:43:19.360
 I think would highly benefit the residents in our neighborhood as well as

04:43:19.360 --> 04:43:25.040
 the other surrounding neighborhoods I would encourage all of you to vote

04:43:25.040 --> 04:43:32.280
 against this and really consider the residents and in our neighborhood I want

04:43:32.280 --> 04:43:35.080
 to thank you for your time

04:43:35.080 --> 04:43:44.880
 I'll mute sorry Liesl thanks for waiting and and speaking your perspective

04:43:44.880 --> 04:43:50.400
 Commissioner Smith thank you chair thank you Lisa for being on I actually have a

04:43:50.400 --> 04:43:55.880
 question for you but I do yes Rena thank you very much one other thing I

04:43:55.880 --> 04:43:59.720
 would like to mention because y'all asked everybody else but me about where

04:43:59.720 --> 04:44:06.000
 I grocery shop where do you grocery shop Lisa tell us no I'll tell you tax

04:44:06.000 --> 04:44:09.660
 dollars aren't going to Denton town to Denton they're going to Flower Mound and

04:44:09.660 --> 04:44:14.040
 Highland Village because that's where the Whole Foods the sprouts and the bigger

04:44:14.040 --> 04:44:19.680
 grocery stores are at well thank you for letting us know Lisa that's that's much

04:44:19.680 --> 04:44:24.720
 appreciated and yeah I think we hear your here your concerns so thank you

04:44:24.720 --> 04:44:28.880
 very much for coming on thanks Lisa Karina can I ask you a quick question

04:44:28.880 --> 04:44:31.760
 and and I know this is something that Commissioner Beck asked a little bit

04:44:31.760 --> 04:44:36.880
 earlier how go back and try to get the car before the horse on anything but

04:44:36.880 --> 04:44:42.920
 what would be the difference you did talk about some of the the environmental

04:44:42.920 --> 04:44:48.600
 sensitivity and environmental impact when you're talking about this SCP so and I

04:44:48.600 --> 04:44:51.840
 and maybe another Commissioner can remind me whatever we voted on this is a

04:44:51.840 --> 04:44:56.760
 grocery store I was here in 2018 when we voted on it I just don't remember it we

04:44:56.760 --> 04:45:01.360
 see a lot of projects what would the difference in the environmental impact

04:45:01.360 --> 04:45:05.360
 analysis that would be need to be done for a commercial property like this a

04:45:05.360 --> 04:45:09.400
 commercial property or retail property how would it differ from this apartment

04:45:09.400 --> 04:45:16.480
 complex so speaking to the tree preservation is is really what would

04:45:16.480 --> 04:45:21.960
 affect the development of whatever would come in so I would I would say

04:45:21.960 --> 04:45:26.920
 regardless of the type of development there whatever would come in would be

04:45:26.920 --> 04:45:32.600
 really significantly limited by the current ESA and floodplain so I'm not

04:45:32.600 --> 04:45:36.480
 sure if I should put the map back on yeah I was actually gonna ask you to put

04:45:36.480 --> 04:45:41.320
 that back up that had the grouping and then the rip by period of numbers that

04:45:41.320 --> 04:45:52.520
 you're going let me go ahead and and share this actually just use it then this

04:45:52.520 --> 04:45:55.500
 is then striking earlier when we were going through to work session as we've

04:45:55.500 --> 04:46:02.800
 talked then we had presentation for just how big of a true definitely and so so

04:46:02.800 --> 04:46:07.220
 you'll see the area that's that's kind of circled in the orange that is the

04:46:07.220 --> 04:46:12.800
 outermost boundary of all the ESA on the site and the ESA on the site takes up

04:46:12.800 --> 04:46:21.280
 roughly 50% of this property the current developer is proposing one lot it's

04:46:21.280 --> 04:46:28.720
 really three three or five tracks if you count these small little insets but in

04:46:28.720 --> 04:46:33.280
 order for the tree preservation to be met really what they're showing on the

04:46:33.280 --> 04:46:37.960
 easternmost part of the site that is really the only developable area on this

04:46:37.960 --> 04:46:43.400
 property I take that back because really they could develop on on the

04:46:43.400 --> 04:46:48.880
 western westernmost portion but they are limited they could they could not

04:46:48.880 --> 04:46:54.240
 encroach into this larger area so they're maximizing their site with them

04:46:54.240 --> 04:47:00.360
 the multifamily commercial could come in it would just depend on whatever site

04:47:00.360 --> 04:47:05.720
 layout would come in essentially because there is a lot of tree canopy on the

04:47:05.720 --> 04:47:11.080
 site and although that cross timbers upland habitat was removed there are

04:47:11.080 --> 04:47:14.720
 significant tree removals that would need to occur in order for development

04:47:14.720 --> 04:47:22.140
 to come in so tree preservation meeting that minimum 30% is something that would

04:47:22.140 --> 04:47:25.920
 need to be considered I wouldn't say that it's not possible because we were

04:47:25.920 --> 04:47:29.960
 obviously able to make this happen with the current development but that would

04:47:29.960 --> 04:47:35.360
 be kind of a significant hurdle is is you know what would be the layout of the

04:47:35.360 --> 04:47:42.140
 site depending on what commercial type development came in that would dictate

04:47:42.140 --> 04:47:45.160
 the type of parking or the amount of parking that would come in so there's

04:47:45.160 --> 04:47:49.460
 there's a lot of I guess it would cascade down the cascading requirements

04:47:49.460 --> 04:47:56.560
 of you know we would need to look at it to see how it the full effects of what

04:47:56.560 --> 04:48:00.360
 will come in I'm not sure if that answered your question fully yeah I know

04:48:00.360 --> 04:48:03.440
 while you're talking I was doing some other just just tinker around because

04:48:03.440 --> 04:48:07.180
 basically you're looking at you're saying that the that ESA is about that

04:48:07.180 --> 04:48:11.320
 whole area that that border orange area is about 50% so you're talking about 10

04:48:11.320 --> 04:48:17.160
 and a half acres of usable land yeah that's that's about right so I was

04:48:17.160 --> 04:48:20.960
 looking up I was wanting to just go do a quick comparison I'm trying to find some

04:48:20.960 --> 04:48:24.560
 information and if you have your GIS map that you can tap into or somebody in the

04:48:24.560 --> 04:48:30.380
 room can tap into it faster than me the the Kroger off Teasley it's a five zero

04:48:30.380 --> 04:48:35.960
 two one sees the line in Texas I just wanted to look at a comparison and

04:48:35.960 --> 04:48:41.320
 briefly find it usually you can we're looking at a residential I pulled these

04:48:41.320 --> 04:48:46.160
 are a little bit more complex I'd like to see how many acres that that that

04:48:46.160 --> 04:48:51.480
 rotary store is on if it's even a truly feasible process if you know if 10 acres

04:48:51.480 --> 04:48:54.920
 really is something that and I'm thinking that's easily lane one just

04:48:54.920 --> 04:49:00.360
 because that seems pretty you know comparable of an area of saying that

04:49:00.360 --> 04:49:03.200
 this is something that could be happening there and I get it we're

04:49:03.200 --> 04:49:06.240
 talking about an SCP for an apartment we're not talking about grocery stores

04:49:06.240 --> 04:49:10.960
 I'm just saying that if the applicant is here saying that this couldn't have been

04:49:10.960 --> 04:49:16.560
 done in the first place before we go through and start declining somebody for

04:49:16.560 --> 04:49:21.960
 maybe an SCP seeing if there really is some feasibility and some merit to what

04:49:21.960 --> 04:49:26.440
 the neighborhood to bring up so Kirsten Smith if I could add a suggestion if

04:49:26.440 --> 04:49:31.040
 there's a request for kind of a live acreage for Kroger if that's possible

04:49:31.040 --> 04:49:37.560
 to get done can we take the last caller and then come back to that yeah it was

04:49:37.560 --> 04:49:41.640
 good I was just gonna say great minds think alike it's ten and a half acres

04:49:41.640 --> 04:49:47.680
 roughly 83,000 square feet both the land and then the store itself building area

04:49:47.680 --> 04:49:51.200
 for this property is roughly 93,000 square feet so just to give you that

04:49:51.200 --> 04:49:55.800
 that balance I think that's what you're getting right I'm sure if something get

04:49:55.800 --> 04:50:01.400
 on and stop babbling on about I appreciate the compliment yeah we can go

04:50:01.400 --> 04:50:05.360
 to the last caller there sure I'm sorry but thank you Richard Richard he said

04:50:05.360 --> 04:50:09.360
 the the build that's proposed is 93,000 square feet that's the footprint not

04:50:09.360 --> 04:50:12.200
 total square footage right correct so I was just looking at building footprint

04:50:12.200 --> 04:50:17.520
 yes okay great then I'd like to do is wrap up oh yes Karina sorry I did you

04:50:17.520 --> 04:50:22.160
 still want me to put this on the screen if I could get the capability up we can

04:50:22.160 --> 04:50:27.600
 do that last caller Karina I'll let you get some time okay yeah and I think we

04:50:27.600 --> 04:50:31.040
 know the numbers now so might be less important but I'd like to do is is

04:50:31.040 --> 04:50:37.720
 invite Alan Kerber to speak if he just unmute himself and then say his name and

04:50:37.720 --> 04:50:42.760
 address he would have four minutes to give his perspective on the matter

04:50:42.760 --> 04:50:50.200
 hi this is Alan Kerber can you hear me we can good evening fantastic again thank

04:50:50.200 --> 04:50:53.560
 you for entertaining my thoughts here on this Alan Kerber I live here at the

04:50:53.560 --> 04:51:00.480
 Preserves 7820 Aldersgate Lane echoing the sentiments of the people prior to

04:51:00.480 --> 04:51:07.120
 me I came out here to get away from you know have a nice living out here be

04:51:07.120 --> 04:51:12.880
 close to things I've moved in from Springtown enjoy the area but I

04:51:12.880 --> 04:51:20.560
 disagree and totally am against this apartment complex and I totally

04:51:20.560 --> 04:51:24.960
 disagree with the comments made earlier one of your constituents said that Lake

04:51:24.960 --> 04:51:31.720
 View Boulevard is a main artery well it is a main artery to the south of 35 but

04:51:31.720 --> 04:51:38.320
 to the north of 35 it is not when you go north of 35 on Lakeview Boulevard you're

04:51:38.320 --> 04:51:43.120
 coming into major residential areas all the way up to Edwards Street which is

04:51:43.120 --> 04:51:47.040
 about three and a half miles and then another mile and a half to two miles

04:51:47.040 --> 04:51:52.760
 north of Edwards it's still major residential area and you're going to

04:51:52.760 --> 04:51:58.000
 increase traffic on Lakeview and bringing it into the residential area and if

04:51:58.000 --> 04:52:04.800
 they're using Lakeview North to migrate over into Denton they're going to be

04:52:04.800 --> 04:52:10.000
 getting on Edwards and then hitting May Hill Road and you're only looking at one

04:52:10.000 --> 04:52:16.800
 direction each way for traffic which will cause major problems with kids

04:52:16.800 --> 04:52:20.720
 running around the neighborhoods on their bikes families walking their dogs

04:52:20.720 --> 04:52:29.000
 on Edwards and and on Lakeview Boulevard when they're going north 35 as Tim said

04:52:29.000 --> 04:52:35.920
 earlier mr. Smith we just recently had a major casual not casualty but an injury

04:52:35.920 --> 04:52:40.640
 out there on on the bike trail right there where the railroad crossing is so

04:52:40.640 --> 04:52:47.120
 but I really would like you to look and see how many homes are still going up

04:52:47.120 --> 04:52:52.520
 and there's and there's plans on putting more homes back up in here also the

04:52:52.520 --> 04:53:00.000
 access ramp off of Shady Shores if you decide to take that route versus the FM

04:53:00.000 --> 04:53:07.720
 road that parallels 35 to get onto the northbound movement of traffic onto 35

04:53:07.720 --> 04:53:13.560
 off of Shady Shores that is as illustrated it's a it's just it's the

04:53:13.560 --> 04:53:17.400
 road is as sketchy as it is and it's skittish to get onto it on that 35

04:53:17.400 --> 04:53:22.880
 access and you've got to approximately drive three-quarters of a mile just to

04:53:22.880 --> 04:53:28.560
 get on to 35 and it's only a single lane on ramp so when you're going to be

04:53:28.560 --> 04:53:35.920
 adding all these cars to try to get on to 35 going north off of Shady Shores 30

04:53:35.920 --> 04:53:42.320
 and FM 35 onto a single car on ramp we're going to be running the difficulties

04:53:42.320 --> 04:53:49.520
 here with that there's just a major choke choke point there like we like the

04:53:49.520 --> 04:53:57.600
 Boulevard I I think we need to put brick-and-mortar type of businesses in

04:53:57.600 --> 04:54:02.640
 that area that's going to cater to the residents that are here now and the

04:54:02.640 --> 04:54:07.280
 future homes and I definitely don't want my property values to go down on this

04:54:07.280 --> 04:54:15.280
 and historically and my 55 years of living and living in over six homes and

04:54:15.280 --> 04:54:20.600
 different homes across the United States I'm retired military guy 22 years and

04:54:20.600 --> 04:54:26.360
 I've been in different cities different states and it seems as though when these

04:54:26.360 --> 04:54:32.280
 when these apartment buildings go up your property values go down so I'm

04:54:32.280 --> 04:54:38.160
 against it and I yield Alan perfect time in your four minutes was was closing so

04:54:38.160 --> 04:54:42.360
 you kind of felt that first thanks for your service appreciate that very much

04:54:42.360 --> 04:54:46.720
 and secondly when you're at your house and you need a bite to eat where do you

04:54:46.720 --> 04:54:54.080
 go oh I got to drive up to outback all right out back to approximately three

04:54:54.080 --> 04:55:01.400
 three and a half miles north on 35 and then you're we've asked everyone where

04:55:01.400 --> 04:55:07.800
 it was your grocery store choice I head on down to Teasley and Swisher very

04:55:07.800 --> 04:55:13.320
 nicely got a nice super Walmart down there you've got Albertsons you got all

04:55:13.320 --> 04:55:19.400
 kinds of little restaurants like you know chicken express so it's like

04:55:19.400 --> 04:55:23.640
 everything's right there plus they built that community up very nicely because

04:55:23.640 --> 04:55:29.280
 there's apartments there's homes people can walk to those area and stay off the

04:55:29.280 --> 04:55:34.920
 roads but yet do their shopping and enjoy a dinner and not having to get out

04:55:34.920 --> 04:55:38.200
 on the roads yeah I understand that unfortunately that area is not part of

04:55:38.200 --> 04:55:44.980
 Denton so yeah well Alan I appreciate you calling in does anyone have

04:55:44.980 --> 04:55:51.160
 questions for Alan okay I do not see any so thank you again with that I'm gonna

04:55:51.160 --> 04:55:55.960
 close the public hearing and we can get on to Mr. Smith are you wanting to see

04:55:55.960 --> 04:56:00.780
 anything from Karina yeah I was and I actually had one more question for the

04:56:00.780 --> 04:56:08.080
 applicant after after kind of listening to you direct you want Karina or the

04:56:08.080 --> 04:56:19.240
 applicant Karina first I'm sorry I'm muted I'm not finding the capability to

04:56:19.240 --> 04:56:25.240
 share my screen for the the internet browser to show the interactive map I

04:56:25.240 --> 04:56:28.720
 think what I can do really quickly is take a screenshot and then add it to a

04:56:28.720 --> 04:56:32.920
 PowerPoint slide so that I can show it on the screen okay that's fine baby in

04:56:32.920 --> 04:56:40.400
 the room I'll be able to ask our the African just a quick question as well I

04:56:40.400 --> 04:56:47.160
 know you said you had the African you're still on yes sir can you hear me yes I

04:56:47.160 --> 04:56:52.800
 can thank you so the nice that you had the property listed for the last five

04:56:52.800 --> 04:56:57.200
 years and you know original this was was rezoned in a way that you could go

04:56:57.200 --> 04:57:02.000
 through and make this a grocery store can you give me some more back story why

04:57:02.000 --> 04:57:06.960
 that wasn't able to be marketed that way why that wasn't viable I know we talked

04:57:06.960 --> 04:57:10.160
 about it briefly earlier but I don't think I got details that I needed to

04:57:10.160 --> 04:57:17.760
 understand contact sure happy to as I said the the history of the project is

04:57:17.760 --> 04:57:23.480
 five years worth of attempts at development and Kroger did have it tied

04:57:23.480 --> 04:57:28.160
 up for a good while and they abandoned it the developer did not abandon it Kroger

04:57:28.160 --> 04:57:31.880
 just declined to pursue the site any further

04:57:31.880 --> 04:57:39.560
 then talk I remember hearing that earlier but didn't didn't know why why

04:57:39.560 --> 04:57:45.520
 didn't really have a reason well I think I did and I think they went in and

04:57:45.520 --> 04:57:50.080
 basically listed for the developer the fact that they'd spent four hundred

04:57:50.080 --> 04:57:55.080
 thousand dollars doing environmental civil and grading studies for the

04:57:55.080 --> 04:58:00.520
 property traffic analysis and they just felt like that it was too restrictive of

04:58:00.520 --> 04:58:04.400
 the site and the environmental conditions had a lot to do with their

04:58:04.400 --> 04:58:10.280
 abandonment they didn't feel like there was enough residential density to serve

04:58:10.280 --> 04:58:15.120
 a full service store in that location and they felt like the changes in

04:58:15.120 --> 04:58:21.120
 shopping patterns and quite frankly all of the grocers have seen the change in

04:58:21.120 --> 04:58:26.040
 shopping patterns and the business model we turn right around when Kroger

04:58:26.040 --> 04:58:31.160
 terminated the developer offered the site to sprouts who said there are other

04:58:31.160 --> 04:58:37.520
 stores were too close and this was not a site for sprouts they did contact other

04:58:37.520 --> 04:58:43.360
 grocers who basically have quite honestly the grocers have pulled in

04:58:43.360 --> 04:58:48.040
 their horns they're not near as aggressive for new locations and the

04:58:48.040 --> 04:58:55.480
 fact that home delivery Amazon fresh all of the different opportunities to have

04:58:55.480 --> 04:59:01.200
 food delivered to their locations it really began to take a big chunk out of

04:59:01.200 --> 04:59:07.240
 the retail grocery business which was already at a very low margin and then

04:59:07.240 --> 04:59:14.560
 about when did that conversation fall through about four years ago three and a

04:59:14.560 --> 04:59:21.120
 half years ago okay and may also answer I believe mr. Becker or one of the

04:59:21.120 --> 04:59:27.560
 gentleman maybe mr. Smith had a question about the TIA not serving the new growth

04:59:27.560 --> 04:59:34.800
 the TIA projected through both 2023 and 2028 for growth and that was all

04:59:34.800 --> 04:59:42.520
 analyzed as part of the TIA the grocery store question that was asked but Kroger

04:59:42.520 --> 04:59:47.040
 now is the super Kroger in the marketplace about a hundred and twenty

04:59:47.040 --> 04:59:52.160
 three thousand square feet trying to fit that on a ten acre side for the super

04:59:52.160 --> 04:59:59.280
 store the gentleman mentioned Walmart Walmart takes 22 acres the dense the

04:59:59.280 --> 05:00:05.240
 distance to the homes one I believe one lady did have a comment about seeing the

05:00:05.240 --> 05:00:09.640
 side I'm not sure exactly where she lives but I do want to point out is

05:00:09.640 --> 05:00:15.480
 Karina did their substantial tree cover in the 35 to 40 foot tall range

05:00:15.480 --> 05:00:24.320
 separating the closest houses which are 485 feet from our closest building from

05:00:24.320 --> 05:00:32.040
 the urban living area four hundred and eighty five feet away and in between are

05:00:32.040 --> 05:00:39.340
 the additional buffer areas of trees we place the existing 40 foot tall tree

05:00:39.340 --> 05:00:45.280
 cover and the dart line four hundred and eighty five feet property taxes there

05:00:45.280 --> 05:00:50.000
 was some statement about these folks didn't pay property taxes this property

05:00:50.000 --> 05:00:55.640
 pays almost a million dollars a year projected and had to learn property taxes

05:00:55.640 --> 05:01:02.440
 so I wanted to make sure that was straight there is an opportunity here I

05:01:02.440 --> 05:01:08.320
 think to work together we face the same opportunity when we did razor we

05:01:08.320 --> 05:01:12.760
 actually built 380 there's an opportunity I think you already have

05:01:12.760 --> 05:01:19.240
 about $81,000 that's been deposited in the reserve fund for that traffic signal

05:01:19.240 --> 05:01:24.520
 we will certainly and have offered to pay our poor our portion of that and if

05:01:24.520 --> 05:01:29.640
 there's a way we can help accelerate the building of the traffic signal that's

05:01:29.640 --> 05:01:36.400
 what we did on 380 neither the city had the funds or the capability at that time

05:01:36.400 --> 05:01:42.640
 nor did text not so we actually stepped up and privately built that 11 million

05:01:42.640 --> 05:01:48.080
 dollar improvement so there's an opportunity there we think we were very

05:01:48.080 --> 05:01:53.600
 open to working with city traffic to accelerate the placement of that signal

05:01:53.600 --> 05:01:59.720
 because as you've seen and as staff has reiterated it's already operating at a

05:01:59.720 --> 05:02:05.600
 low level and we're not the cause of that so I didn't want to point that out

05:02:05.600 --> 05:02:09.520
 there also have been other grocers that have been contacted with no real

05:02:09.520 --> 05:02:14.840
 interest and the developer can certainly delineate that further but we've been

05:02:14.840 --> 05:02:19.880
 through that many times are there other opportunities appreciate Rogers thank you

05:02:19.880 --> 05:02:25.880
 very much appreciate that freedom do you have that GIS picture yes sir let me put

05:02:25.880 --> 05:02:48.840
 it up right now and Richard you had the stats on that property again right just

05:02:48.840 --> 05:02:53.480
 rounding up ten and a half acres again that's just the portion that the

05:02:53.480 --> 05:02:57.000
 grocery store so it doesn't include those out parts those those commercial

05:02:57.000 --> 05:03:02.880
 out parcels just that lot that Kroger is ten and a half acres and roughly I think

05:03:02.880 --> 05:03:06.080
 it was eighty three thousand square feet I think that those are the numbers I

05:03:06.080 --> 05:03:13.760
 pulled from decay so the building in the parking lot come that's that's ten and

05:03:13.760 --> 05:03:22.960
 a half acres correct okay thank you and the some of those neighborhoods that are

05:03:22.960 --> 05:03:27.880
 out there north of there that's the other Commissioner I know the preserve

05:03:27.880 --> 05:03:31.040
 is this preserve is something that we voted on recently but I'm looking on

05:03:31.040 --> 05:03:35.680
 Zillow there's a couple different dates I'm seeing like that maybe make it a

05:03:35.680 --> 05:03:41.000
 little bit older but does anybody else know the age of the preserve it's it's

05:03:41.000 --> 05:03:46.000
 increasing they built another segment of the neighborhood this year remember we

05:03:46.000 --> 05:03:51.080
 voted we voted one on some of it as a commission so yeah it's it's still it's

05:03:51.080 --> 05:03:55.460
 still being built out yeah I believe that was Julie's project that just came

05:03:55.460 --> 05:04:01.040
 through that was section J and K of the Preserve of Pecan Creek that was that

05:04:01.040 --> 05:04:06.240
 area next to I believe Edwards we saw that like two months ago or so yep how

05:04:06.240 --> 05:04:11.280
 many more phases are there Karina I'm not very sure on that I can ask Julie if

05:04:11.280 --> 05:04:16.440
 if she's available to assist with that you can give it to me I answer later on

05:04:16.440 --> 05:04:25.920
 for a second Chris or Cole thank you chair I yeah I remember the what five

05:04:25.920 --> 05:04:33.000
 years ago well Kroger legitimately tried to put a store there and I remember one

05:04:33.000 --> 05:04:37.520
 of the executives saying you know they flew up they threw in the town said you

05:04:37.520 --> 05:04:42.600
 know didn't Texas is one of the worst municipalities we've ever done business

05:04:42.600 --> 05:04:49.360
 with and we'll never build another store and then again I mean so you know I mean

05:04:49.360 --> 05:04:54.960
 I wish we could say hey yeah put in I want a central market by my house or a

05:04:54.960 --> 05:05:00.960
 sprouts or something like that but these stores it's not a a store would be great

05:05:00.960 --> 05:05:06.160
 there it's a science they they know where they're you know you have to reach

05:05:06.160 --> 05:05:09.800
 your critical mat like Robeson they've been more in the grocery store for how

05:05:09.800 --> 05:05:13.960
 many years but they don't have the critical massive population and all that

05:05:13.960 --> 05:05:21.000
 yet to get one they will one day but not right now so maybe it's a didn't issue

05:05:21.000 --> 05:05:25.880
 not having a grocery store there because one of the it was either the CEO of one

05:05:25.880 --> 05:05:30.080
 of the executives said he would never do business didn't get so is it our

05:05:30.080 --> 05:05:34.800
 fault I mean you know I hate to see an apartment complex there because we're

05:05:34.800 --> 05:05:40.160
 just adding fuel to fire because like the chair said earlier I'm kind of

05:05:40.160 --> 05:05:45.260
 feeling anxious and overwhelmed of all the rooftops that we're putting in this

05:05:45.260 --> 05:05:51.640
 town with no infrastructure you know with not adequate infrastructure I don't

05:05:51.640 --> 05:05:56.560
 know if we'll ever have if we will have adequate infrastructure because we're

05:05:56.560 --> 05:06:02.000
 experiencing hyper growth we're growing and didn't like maybe three or five

05:06:02.000 --> 05:06:07.000
 municipalities have grown in the United States ever you know we've been in the

05:06:07.000 --> 05:06:15.080
 top 10 12 for 20 years so I mean I'd like to see a grocery store there too

05:06:15.080 --> 05:06:22.720
 but you know maybe that's it doesn't work it doesn't work out on paper and

05:06:22.720 --> 05:06:28.680
 that's that's just an aside I you know I'm pretty torn on this deal but I just

05:06:28.680 --> 05:06:35.200
 want to throw that out there Kroger made a legitimate shot and they were

05:06:35.200 --> 05:06:41.920
 frustrated that they could not put a store so for what that's worth yeah

05:06:41.920 --> 05:06:45.840
 thanks for that perspective I think Commissioner Ellis popped up her hand

05:06:45.840 --> 05:06:50.720
 before anyone else I just want to check in with her thank you chair I was gonna

05:06:50.720 --> 05:06:53.920
 get with Commissioner Smith when he was talking about the preserve so if you

05:06:53.920 --> 05:06:58.160
 haven't driven back through there I mean the preserve itself has been building

05:06:58.160 --> 05:07:04.000
 out for decades it also bleeds into other neighborhoods Glenwood village

05:07:04.000 --> 05:07:08.560
 villages of Carmel as you work back there it is truly one of the most

05:07:08.560 --> 05:07:15.920
 densely populated home sites of our city and one thing we have to look at

05:07:15.920 --> 05:07:21.800
 with this site is you know when we look at at the site as a whole and Karina

05:07:21.800 --> 05:07:25.360
 said it's it's roughly 13 volume units per acre while we're really building on

05:07:25.360 --> 05:07:31.280
 10 acres of that it's 30 dwelling units per acre that we're really packing into

05:07:31.280 --> 05:07:37.240
 this site it's density of this monster that that really scares me here for sure

05:07:37.240 --> 05:07:44.600
 with with all the problems that we do have already in that immediate area yeah

05:07:44.600 --> 05:07:49.200
 thank you as we go to Commissioner Beck I just want to say to whoever's listening

05:07:49.200 --> 05:07:53.800
 I mean didn't five years ago to now is is a hopefully a different interaction if

05:07:53.800 --> 05:07:58.840
 if people were to come back and and have a conversation with you know Todd

05:07:58.840 --> 05:08:09.480
 Christian Beck thank you chair is the applicant still on I imagine he is yes I

05:08:09.480 --> 05:08:13.640
 am okay well so my question is would when you were approaching various retail

05:08:13.640 --> 05:08:19.720
 agents did did you explore the possibility of like some of the retail

05:08:19.720 --> 05:08:24.600
 around UNT where it's it's combined residential retail and in this sort of a

05:08:24.600 --> 05:08:29.480
 partial question is staff in addition to the applicant is is that allowed in SC

05:08:29.480 --> 05:08:39.920
 could you have retail on the bottom apartments on the top so let me ask mr.

05:08:39.920 --> 05:08:44.840
 Hodges first yeah let me ask mr. Hodges first if you explored that we did

05:08:44.840 --> 05:08:49.280
 explore it in fact we had several side plans and incorporated that we could

05:08:49.280 --> 05:08:53.900
 never get enough critical mass of retail to make sense there's been a lot of

05:08:53.900 --> 05:08:59.720
 vertically integrated mixed use that has failed and it's because you can't really

05:08:59.720 --> 05:09:05.780
 develop enough critical mass of retail our residents won't generate enough to

05:09:05.780 --> 05:09:11.000
 support that retail and the the fact that you have to come into the site and

05:09:11.000 --> 05:09:16.040
 then share parking with another type of development it just didn't make sense to

05:09:16.040 --> 05:09:20.800
 our developers and as I said now I'm the architect and the planner but our

05:09:20.800 --> 05:09:25.280
 developers are some of the most successful retail developers anywhere in

05:09:25.280 --> 05:09:31.920
 Texas they've done so many target anchored 15 million feet of retail they

05:09:31.920 --> 05:09:36.800
 know how to do retail we could not make good sense of it okay thank you mr.

05:09:36.800 --> 05:09:45.400
 Hodges and staff can you tell me whether SC allows that mixed use it does I think

05:09:45.400 --> 05:09:49.960
 the only thing I'll mention is there is a height limitation of 55 feet so again

05:09:49.960 --> 05:09:54.720
 getting back to the discussion of critical mass I think to really look at

05:09:54.720 --> 05:09:59.800
 successful mixed use unless you're in a downtown densely very dense you know

05:09:59.800 --> 05:10:03.760
 think of the square where you've got some some residential above you're you're

05:10:03.760 --> 05:10:08.320
 looking at high rise to mid-rise and with 55 feet I don't think you're gonna

05:10:08.320 --> 05:10:16.000
 get there okay thank you I appreciate that commissioner Smith thank you chair

05:10:16.000 --> 05:10:24.760
 you did you did close public session yes to Commissioner Alice's point I have

05:10:24.760 --> 05:10:29.720
 driven back there I've got clients back in the rural side of the East subject

05:10:29.720 --> 05:10:35.320
 property and back in there towards the common Creek more anything else I was

05:10:35.320 --> 05:10:39.560
 going to get some more evidence from what the applicant said you know four or

05:10:39.560 --> 05:10:42.640
 five years ago that that conversation and following through in his chair

05:10:42.640 --> 05:10:46.600
 Roselle's already said didn't change a lot in the last five years and especially

05:10:46.600 --> 05:10:50.600
 those preserved areas up we've seen I think I think Margie I think I think you

05:10:50.600 --> 05:10:54.000
 and I have seen two or three different projects back in that area in the last

05:10:54.000 --> 05:11:00.680
 two two and a half years so just read jogging my memory here on the on how

05:11:00.680 --> 05:11:04.120
 much how much change has happened over there and maybe the change in

05:11:04.120 --> 05:11:11.040
 marketability so with that said I'm gonna make a motion to the this SUV

05:11:11.040 --> 05:11:17.240
 mostly this reasoning on this I think this would be a much better as a use for

05:11:17.240 --> 05:11:22.360
 some sort of retail I don't think this is a this is an apartment complex I

05:11:22.360 --> 05:11:26.640
 don't think an apartment complex should be this close to a highway like that yes

05:11:26.640 --> 05:11:30.400
 it is a separate corridor but I just don't see this being an area that the

05:11:30.400 --> 05:11:35.160
 apartment was fit into and with as much growth happening over there I just don't

05:11:35.160 --> 05:11:41.560
 feel comfortable with that that location so I'm gonna make a motion to deny we

05:11:41.560 --> 05:11:46.640
 have a motion on the floor commissioner Pernetta actually I wasn't making a

05:11:46.640 --> 05:11:51.720
 motion to secondary I just had a few comments on this one yeah I really don't

05:11:51.720 --> 05:11:54.480
 know which way to go on this one because this is really kind of a damned if you

05:11:54.480 --> 05:11:58.480
 do damned if you don't situation you know there is an apartment complex that I

05:11:58.480 --> 05:12:01.000
 think that right it pretty much right across the street that same little area

05:12:01.000 --> 05:12:06.640
 on there I know people are upset about the traffic but they're upset about the

05:12:06.640 --> 05:12:10.680
 traffic but also wanting a grocery store there so I'm not really sure how you

05:12:10.680 --> 05:12:13.720
 know an apartment complex versus a grocery store is gonna be significantly

05:12:13.720 --> 05:12:19.440
 better for traffic and in the area and I'd be more comfortable you know maybe

05:12:19.440 --> 05:12:25.880
 voting this down if we had something possibly coming in you know that would

05:12:25.880 --> 05:12:30.120
 fill that need you know it feels like you know we would be turning down that

05:12:30.120 --> 05:12:35.400
 this SUP saying we want a grocery store but there's nothing out there that's

05:12:35.400 --> 05:12:40.520
 going to move in and become a grocery store you know I know that Street I was

05:12:40.520 --> 05:12:45.280
 actually just there you know today you know I've gone to the animal hospital

05:12:45.280 --> 05:12:50.200
 right down the street from in there's much car lots and everything it's not

05:12:50.200 --> 05:12:54.920
 really a practical area to get in and out of you know that Street I can't see

05:12:54.920 --> 05:12:58.920
 anybody putting a store in there that's going to have significant traffic where

05:12:58.920 --> 05:13:02.840
 people aren't going to be going I hate going to this damn store because you

05:13:02.840 --> 05:13:07.920
 know there's only one side I can get into and then how do I get out again you

05:13:07.920 --> 05:13:13.280
 know I can't figure out how we would fit that kind of retail in there without

05:13:13.280 --> 05:13:20.120
 having a greater impact on the ESA around it I'm not a huge fan of putting

05:13:20.120 --> 05:13:26.160
 an apartment complex in there but you know at the same time you know I feel

05:13:26.160 --> 05:13:29.040
 bad about telling people you can't do something with this land with you with

05:13:29.040 --> 05:13:34.440
 this property of yours we want something else to go there but but the thing that

05:13:34.440 --> 05:13:42.280
 we want to go there has proven to be over the years a unicorn you know so I

05:13:42.280 --> 05:13:48.760
 don't know I guess I'm not leaning toward disapproving the SUP or denying

05:13:48.760 --> 05:13:53.880
 the SUP but having said that I don't feel great about approving it either this

05:13:53.880 --> 05:14:00.040
 is just a weird little thorn in the side of development and actually you know

05:14:00.040 --> 05:14:05.680
 putting something good there yeah we have a motion on the floor and so I'm

05:14:05.680 --> 05:14:10.200
 looking for a second and then further discussion

05:14:11.040 --> 05:14:18.860
 Commissioner Ellis I will second and if I could say a few words with that second to

05:14:18.860 --> 05:14:24.400
 maybe comment on what Commissioner Pernetta was saying I mean all the

05:14:24.400 --> 05:14:28.160
 discussion has been great about wanting a grocery store obviously we can't force

05:14:28.160 --> 05:14:32.280
 that in there but it is good food for thought for those developers who might

05:14:32.280 --> 05:14:39.720
 be out there thinking but the reason I'm gonna deny is because when you look at

05:14:39.720 --> 05:14:44.720
 like the criteria that Corina put up there which was I think her number four

05:14:44.720 --> 05:14:50.680
 for approval of how it impacts traffic and how it impacts utilities well we're

05:14:50.680 --> 05:14:55.760
 negatively impacting traffic we are negatively impacting utilities because

05:14:55.760 --> 05:15:01.400
 they are they have to do extensions and whatnot to even make this development

05:15:01.400 --> 05:15:07.680
 work there we are also impacting negative property value for those direct

05:15:07.680 --> 05:15:12.840
 houses not in the preserve as a whole in my opinion but in my professional

05:15:12.840 --> 05:15:17.040
 opinion yeah if a house backs up to seeing a multifamily you are gonna lose

05:15:17.040 --> 05:15:20.920
 some property value what the percentage is you know I don't know but again it's

05:15:20.920 --> 05:15:25.840
 a negative so approval of an SUP for me it shouldn't have these negative

05:15:25.840 --> 05:15:29.880
 connotations with it we should be finding a reason that it should be

05:15:29.880 --> 05:15:33.920
 approved that it doesn't have these negative impacts so that's that's my

05:15:33.920 --> 05:15:40.880
 opinion for for seconding the denial. Thank you Mr. Ellis. Commissioner Anderson.

05:15:40.880 --> 05:15:45.560
 Thank you chair yeah I was out there in the neighborhood yesterday as well for

05:15:45.560 --> 05:15:50.160
 other reasons but and I talked to a lot of people they lived in the Pecan Creek

05:15:50.160 --> 05:15:55.000
 area or Pecan Preserve area and everybody I spoke with was against this

05:15:55.000 --> 05:16:01.320
 project and they were all asking for grocery stores or retail but like the

05:16:01.320 --> 05:16:04.940
 other commissioners have said we can't just sit there and wish upon it and it

05:16:04.940 --> 05:16:09.720
 all of a sudden happens but Commissioner Ellis just said hopefully

05:16:09.720 --> 05:16:13.040
 somebody's out there is listening or watching this and says hey they want a

05:16:13.040 --> 05:16:17.720
 grocery store let's try to do something but that property again to what

05:16:17.720 --> 05:16:22.480
 Commissioner Preneta said it's not the best property either I mean it's kind of

05:16:22.480 --> 05:16:28.320
 hilly and the streets are horrible and I thought and again I'm going to vote

05:16:28.320 --> 05:16:33.520
 against this project but the traffic is a big big thing and that's what

05:16:33.520 --> 05:16:39.080
 everybody was talking about and it looked to me like they're gonna have to

05:16:39.080 --> 05:16:42.680
 tear up the road to add the drainage or the sewage lines down to where it would

05:16:42.680 --> 05:16:47.640
 be and that's just gonna cause more congestion and there's already I mean

05:16:47.640 --> 05:16:50.240
 the people are already talking about how bad the traffic is already I mean we

05:16:50.240 --> 05:16:53.600
 heard we heard four callers a minute ago every one of them spoke about the

05:16:53.600 --> 05:16:58.080
 traffic they're gonna have to tear up the roads to add sewage lines I mean

05:16:58.080 --> 05:17:01.240
 there's no telling how many months believe me I've worked for the county

05:17:01.240 --> 05:17:05.360
 government and I know how some sometimes projects get delayed and they're slow

05:17:05.360 --> 05:17:11.400
 and how we're gonna put these people out even more if we had to dig up you know I

05:17:11.400 --> 05:17:14.160
 don't know how long I mean I don't know how many feet that was I mean it could

05:17:14.160 --> 05:17:19.520
 be 500 feet it'd be you know a quarter of a mile but anyways that being said

05:17:19.520 --> 05:17:22.920
 hearing all the people talk yesterday you know I think this is kind of a bad

05:17:22.920 --> 05:17:30.320
 deal I'm not I'm not against a developer one to develop a bad piece of property

05:17:30.320 --> 05:17:34.180
 to make it nice but uh but hearing all the people that live out there I think

05:17:34.180 --> 05:17:37.880
 this is kind of a bad thing for the residents of that area and that's a

05:17:37.880 --> 05:17:41.360
 that's kind of a one way in one way out kind of that area and it's already kind

05:17:41.360 --> 05:17:44.280
 of tough so that's what I just want to say thank you

05:17:44.280 --> 05:17:49.720
 mr. Smith over me my motion thank you chair well I'm a motion but just for

05:17:49.720 --> 05:17:54.440
 before we get into the before the discussion I think that Commissioner

05:17:54.440 --> 05:18:01.080
 Ellis Commissioner Preston said even Commissioner Anderson yeah it can I can

05:18:01.080 --> 05:18:04.640
 retail or grocery stores go there immediately the cover the reason was

05:18:04.640 --> 05:18:09.000
 having the conversation with Richard was in regards to is it feasible it's

05:18:09.000 --> 05:18:12.600
 feasible is it is it plausible is it something that they're knocking down the

05:18:12.600 --> 05:18:16.000
 applicant store to get get a commercial building out there commercial pad sites

05:18:16.000 --> 05:18:21.000
 built tomorrow no they're not but the same time that doesn't mean that just

05:18:21.000 --> 05:18:26.520
 because that's not an opportunity for them immediately if you've got an uneasy

05:18:26.520 --> 05:18:29.760
 feeling about the opportunity is in front of you doesn't mean you have to

05:18:29.760 --> 05:18:33.720
 build something there that's not a that's not that's not that's not what the

05:18:33.720 --> 05:18:38.620
 job of the commission is to do is to is to either do do something or not do

05:18:38.620 --> 05:18:43.560
 something in my opinion this is more of a lateral move saying look I totally

05:18:43.560 --> 05:18:46.720
 understand maybe an apartment would let you be able to develop this land faster

05:18:46.720 --> 05:18:51.240
 God knows the city would love to have the tax base but there's some smart

05:18:51.240 --> 05:18:54.680
 planning that has to be done at times and I think this is more of a smart

05:18:54.680 --> 05:18:58.720
 planning move in my opinion you know sometimes you got to have tough love and

05:18:58.720 --> 05:19:07.080
 deny some things so that's that's my piece mr. Beck chair I have related

05:19:07.080 --> 05:19:13.200
 reasons I'm also gonna vote against this I think I mean a lot of you know that I

05:19:13.200 --> 05:19:19.520
 place particular emphasis on the impacts of development on eases and the

05:19:19.520 --> 05:19:27.600
 environment but the reason that I do that is it's a quality of life issue yes

05:19:27.600 --> 05:19:32.320
 I like the animals and the floor and the fauna and all that but it makes it's a

05:19:32.320 --> 05:19:36.320
 quality of life issue to have those kinds of resources in our town to have

05:19:36.320 --> 05:19:42.000
 those green spaces in our town so but for quality of life you have the entire

05:19:42.000 --> 05:19:47.880
 sort of section of this town saying their quality of life is diminished so I

05:19:47.880 --> 05:19:56.400
 think it in terms of hitting the goals of the previous zoning we don't match

05:19:56.400 --> 05:20:02.880
 the comprehensive plan and you know then you know for if we're going to disrupt

05:20:02.880 --> 05:20:08.040
 an environmental region we should do it for something that it sort of is desired

05:20:08.040 --> 05:20:13.600
 and improves the quality of life of the community so you know I think if we're

05:20:13.600 --> 05:20:18.080
 going to play one of our one of our goals off against the other it feels

05:20:18.080 --> 05:20:23.400
 like this might be as Commissioner Smith said maybe maybe the wrong or

05:20:23.400 --> 05:20:29.800
 inappropriate time for this so I'm also not going to support this Mr. Chairman

05:20:29.800 --> 05:20:38.360
 that's Charles I just may I convey a message I got you certainly can the

05:20:38.360 --> 05:20:46.240
 developer has contacted me and requested a table to reconsider the mixed use

05:20:46.240 --> 05:20:56.960
 did you have a developer have a date in mind well I would assume that we would

05:20:56.960 --> 05:21:01.880
 begin meetings as we have every week with the city immediately beginning next

05:21:01.880 --> 05:21:09.880
 week yeah I appreciate the concession we do have a motion on the table that I

05:21:09.880 --> 05:21:14.640
 think needs to be heard Commissioner Richard you had your hand up no the only

05:21:14.640 --> 05:21:18.640
 thing I would say is I would just if that were to be the case again I would

05:21:18.640 --> 05:21:23.480
 just put it to a date uncertain there there is a there's a lot of challenges

05:21:23.480 --> 05:21:26.440
 obviously with with the site and it would take some time to I think for them

05:21:26.440 --> 05:21:31.320
 to put together a plan and for us to review so I would just if that is the

05:21:31.320 --> 05:21:34.600
 case I would just recommend it be a date uncertain

05:21:34.600 --> 05:21:39.600
 Christian Pernetta so you see after that effect I mean so would we still vote on

05:21:39.600 --> 05:21:43.040
 this one or would we leave it to Commissioner Smith to withdraw his

05:21:43.040 --> 05:21:47.800
 motion are we he would have to withdraw I would imagine Commissioner Smith

05:21:47.800 --> 05:21:56.440
 picture mr. Hodges you said mixed a mixed use to be something that'd be a mixed

05:21:56.440 --> 05:22:01.080
 use of commercial some sort of vertical mixed use of commercial on the front on

05:22:01.080 --> 05:22:05.120
 the first floor and multifamily above it something along those lines where is the

05:22:05.120 --> 05:22:10.000
 developer exactly what directions developer wind ahead well he didn't he

05:22:10.000 --> 05:22:13.480
 didn't give me specific ratios but I understand that's what he wants to look

05:22:13.480 --> 05:22:17.560
 at because it seems to be such a strong preference for any type of retail

05:22:17.560 --> 05:22:22.400
 component although he's already planning on doing retail on the south track he

05:22:22.400 --> 05:22:27.520
 wants to go back and see if there's any way possible to incorporate some retail

05:22:27.520 --> 05:22:35.800
 that makes sense it has to make sense and do that on the first floor real

05:22:35.800 --> 05:22:40.480
 quick I'm gonna interrupt through Commissioner Smith Richard if there is a

05:22:40.480 --> 05:22:44.080
 denial and there's brought back mixed use is that a substantial change that he

05:22:44.080 --> 05:22:48.360
 they could come back within a year they could I would probably make that

05:22:48.360 --> 05:22:51.520
 determination and that it would be substantially different if there's a

05:22:51.520 --> 05:22:56.520
 whole nother component to it that it's just not multifamily okay so they okay

05:22:56.520 --> 05:23:03.240
 so that's what I was gonna add but you know what just for the sake of it I'm

05:23:03.240 --> 05:23:09.760
 gonna withdraw my motion right the motion has been withdrawn for a denial

05:23:09.760 --> 05:23:14.440
 Commissioner Smith make a motion to table the date on certain Christian

05:23:14.440 --> 05:23:24.640
 pernetta I'll still get that motion Commissioner Ellis and so I guess I just

05:23:24.640 --> 05:23:28.720
 have a question what are we tabling to to rehear this discussion on a

05:23:28.720 --> 05:23:36.440
 multifamily I'm I'm I am baffled by by that because it sounds like it's gonna

05:23:36.440 --> 05:23:42.520
 be an entirely new request so I don't understand tabling an item that is not

05:23:42.520 --> 05:23:52.160
 even I'm confused at what we're tabling Richard can you clarify or add

05:23:52.160 --> 05:23:56.680
 clarification to Commissioner Ellis's point are that is the applicant able to

05:23:56.680 --> 05:24:02.200
 come I mean with all the attachments of staff analysis site plan landscape that

05:24:02.200 --> 05:24:09.720
 all has to be redone it can that be redone on a tabled item if you recall we

05:24:09.720 --> 05:24:14.040
 did something very similar with the Gavi ranch I think we came back a number of

05:24:14.040 --> 05:24:21.160
 times they had requested postponements so we would just look at this as I don't

05:24:21.160 --> 05:24:24.080
 think we would need to have them go through a whole new resubmittal of the

05:24:24.080 --> 05:24:28.240
 application I think a lot of the analysis will just be updates but most

05:24:28.240 --> 05:24:33.840
 likely again not seeing what they're proposing if they're gonna go vertical

05:24:33.840 --> 05:24:36.920
 if they're gonna do a wrap-around I mean there's a number of a number of options

05:24:36.920 --> 05:24:42.880
 that we would just need to reevaluate the site more on it on the technical side

05:24:42.880 --> 05:24:50.480
 of it Christian back thank you chair yeah I'm a little confused like I agree with

05:24:50.480 --> 05:24:56.280
 Commissioner Ellis on this one I'm so if it sounds like we have a lot of

05:24:56.280 --> 05:25:00.080
 differences and especially because the very next item is an Alt ESA that will

05:25:00.080 --> 05:25:05.920
 no longer exist if we do this is that correct Richard it very well still could

05:25:05.920 --> 05:25:09.740
 be there could be another you know additional modification to that to that

05:25:09.740 --> 05:25:16.620
 Alt ESA what I would maybe suggest if if again it's ultimately up to you and the

05:25:16.620 --> 05:25:27.160
 vote but even perhaps table that Alt ESA to to when that does come back okay all

05:25:27.160 --> 05:25:32.240
 right thank you okay Mr. Smith nature the reason why I

05:25:32.240 --> 05:25:35.560
 would motion Commissioner Beck commissioner house is just from my my

05:25:35.560 --> 05:25:39.520
 understanding and city staff can be more direct more than correct me but a

05:25:39.520 --> 05:25:44.680
 denial for the SUP yes be material changes that be brought back but it

05:25:44.680 --> 05:25:49.600
 seems to be cleaner in that there's not a process of having to do resubmission

05:25:49.600 --> 05:25:53.880
 but rather just a reconfiguration of the currently submitted documents to have to

05:25:53.880 --> 05:25:58.400
 go through and work with city again it seems to me that tabling it would be a

05:25:58.400 --> 05:26:02.120
 smoother and easier process for the applicant be a smoother and easier

05:26:02.120 --> 05:26:06.520
 process for city staff not to deal with a brand new submission if I'm wrong

05:26:06.520 --> 05:26:10.680
 within that Richard I'm wrong from that staff feel free to let me know but it

05:26:10.680 --> 05:26:14.960
 seems to me that this is an easier way to go about what the what the what the

05:26:14.960 --> 05:26:18.880
 applicants going to do no matter what whether we deny or table the applicants

05:26:18.880 --> 05:26:21.360
 get trying to make material enough changes to be able to come back with a

05:26:21.360 --> 05:26:25.800
 new project so it makes sense so to me this seems like the easiest thing for

05:26:25.800 --> 05:26:32.760
 time efficiency for staff I guess I'm sort of looking at it similar what we

05:26:32.760 --> 05:26:37.080
 did with with agave I think we came back even there was a denial then they they

05:26:37.080 --> 05:26:43.680
 wanted to revise their application amend it prior to going to council I mean they

05:26:43.680 --> 05:26:48.520
 they certainly could withdraw it and then resubmit it and so I think it's six

05:26:48.520 --> 05:26:53.040
 and one half a dozen in the other to be to be quite honest but it we did do

05:26:53.040 --> 05:26:56.600
 something very similar with agave ranch

05:26:56.600 --> 05:27:03.920
 Commissioner Ellis and I guess I mean I'm still a little bit confused though I

05:27:03.920 --> 05:27:08.160
 mean agave ranch was pretty much the same iteration it was just different

05:27:08.160 --> 05:27:12.920
 densities and so how we were breaking up that that rezoning component but then

05:27:12.920 --> 05:27:16.960
 the development I mean this would have to be a substantially different project

05:27:16.960 --> 05:27:21.080
 with all the discussion that I heard this evening and and the lack of support

05:27:21.080 --> 05:27:29.840
 that I you know that that that this commission has so at any rate I'm

05:27:30.000 --> 05:27:37.840
 sorry expressed it Chris are back thank you chair yeah I'm sort of where

05:27:37.840 --> 05:27:45.240
 Commissioner Ellis is can we isn't it isn't it the most straightforward I mean

05:27:45.240 --> 05:27:50.080
 I take Commissioner Smith's point and I want to be more gentle with this this

05:27:50.080 --> 05:27:56.000
 developer and architect but isn't it the cleanest thing if you're coming back

05:27:56.000 --> 05:28:00.640
 with a completely new concept to come back with a completely new concept I

05:28:00.640 --> 05:28:06.680
 don't want to I don't want to necessarily you know add the complications

05:28:06.680 --> 05:28:10.160
 that Commissioner Smith addressed but it feels like there's enough differences

05:28:10.160 --> 05:28:15.280
 that we should we should do the denial and let them come back under the rules

05:28:15.280 --> 05:28:21.560
 of the denial if that may be ours on just briefly this is untraditional but

05:28:21.560 --> 05:28:28.360
 maybe it'd be helpful if you respond yes I think the thing that is important

05:28:28.360 --> 05:28:32.960
 about the table is and now it allows us not to go back and rehash all the

05:28:32.960 --> 05:28:38.320
 environmental analysis all of the tree preservation analysis and really gives

05:28:38.320 --> 05:28:43.600
 us an opportunity to preserve the those important things and be able to very

05:28:43.600 --> 05:28:49.920
 quickly analyze whether we can or cannot find a reasonable middle ground here and

05:28:49.920 --> 05:28:54.360
 that's always our goal it always has been and we would like to we would

05:28:54.360 --> 05:28:58.560
 request that the tabling move forward because we can move much more swiftly

05:28:58.560 --> 05:29:03.640
 than starting and square one I appreciate that insight question back to

05:29:03.640 --> 05:29:07.680
 your point I understood Richard to say it's basically six one half dozen of the

05:29:07.680 --> 05:29:13.680
 other in terms of the legwork on the city side when processing it I take the

05:29:13.680 --> 05:29:16.920
 applicant's point about with the workload on their end but it sounds like

05:29:16.920 --> 05:29:23.200
 cities either way Christian Pernada and I was just gonna cover I guess kind of

05:29:23.200 --> 05:29:28.600
 what Commissioner Smith and with you know Richard said and I mean my

05:29:28.600 --> 05:29:31.920
 understanding is that it would you know no matter what it comes back to it would

05:29:31.920 --> 05:29:36.760
 still be an SUP and that you know multifamily would be a component of that

05:29:36.760 --> 05:29:42.240
 SUP as you know although there would be some kind of retail attached to it so

05:29:42.240 --> 05:29:47.440
 you know I think there's enough similarity to kind of justify leaving it

05:29:47.440 --> 05:29:53.960
 you know I mean not not doing about to deny on but basically that's my thought

05:29:53.960 --> 05:30:00.520
 on it that's why I seconded it so I'm gonna hop in here I haven't spoken yet

05:30:00.520 --> 05:30:06.060
 so I'm gonna give my two cents before we look to conclude this discussion and we

05:30:06.060 --> 05:30:11.480
 have a motion in a second on the table I'm not going to be supportive of a

05:30:11.480 --> 05:30:17.240
 motion to table I would be seeking a denial on this project because it seems

05:30:17.240 --> 05:30:22.760
 like it is innumerable the amount of different issues all of us have brought

05:30:22.760 --> 05:30:27.360
 up everyone I think to a point has brought up something different about the

05:30:27.360 --> 05:30:34.880
 complications of this project between traffic or utilities or desire from the

05:30:34.880 --> 05:30:40.720
 neighbors it seems like prevailing to me is the issue of the actual residents on

05:30:40.720 --> 05:30:46.200
 the property so unless there's a project at this point come back with with

05:30:46.200 --> 05:30:53.520
 primarily or solely retail it's gonna be hard to get my support on this we in the

05:30:53.520 --> 05:30:56.280
 presentation we haven't talked about this at all elementary has a little bit

05:30:56.280 --> 05:31:00.800
 of capacity but there is zero capacity for middle school and high school and so

05:31:00.800 --> 05:31:04.920
 - I forget who said it earlier the word infrastructure it seems to be wholly

05:31:04.920 --> 05:31:08.560
 lacking more people and I know Christian Burnett has said there's nothing like a

05:31:08.560 --> 05:31:11.880
 grocery store coming to this area that might be true I'm hoping after five

05:31:11.880 --> 05:31:15.800
 years I would at least want to re-explore that what I do know is as

05:31:15.800 --> 05:31:19.320
 though I tend to be a commissioner and looking for the lesser of two evils in

05:31:19.320 --> 05:31:23.240
 order to promote infill I don't feel this is lesser of two evil when this is

05:31:23.240 --> 05:31:29.080
 the last property in that area for the preserves to have something if this goes

05:31:29.080 --> 05:31:33.480
 to an apartment and I understand that the applicant said the south parcel will

05:31:33.480 --> 05:31:39.360
 be some retail it's a it's a sliver this is like the last opportunity I feel for

05:31:39.360 --> 05:31:43.920
 those citizens to have anything and it might be worth a wait for a year to see

05:31:43.920 --> 05:31:47.880
 if someone can do this or if someone can relook at the the ESA or come up with an

05:31:47.880 --> 05:31:52.400
 all a better alternative to get more land productivity out of it I just think

05:31:52.400 --> 05:31:59.680
 I would be I am more inclined to see this go to commercial property so the

05:31:59.680 --> 05:32:02.960
 idea of putting retail on the first floor and then stacking residents on top

05:32:02.960 --> 05:32:07.920
 of it I don't think to me gets us to the point and where I think we want and

05:32:07.920 --> 05:32:11.720
 where the citizens want this project to go I understand we can't tell Trader

05:32:11.720 --> 05:32:15.920
 Joe's to come to town believe me it would be here if we could but that's not

05:32:15.920 --> 05:32:19.800
 to say that there shouldn't be effort put forth either by this this owner or

05:32:19.800 --> 05:32:24.280
 a new owner of the property to explore creatively how this gets done if they're

05:32:24.280 --> 05:32:29.400
 able to get 93,000 square feet and two little L shapes you can put two strip

05:32:29.400 --> 05:32:33.960
 centers in the exact same footprint with the exact same parking and it seems

05:32:33.960 --> 05:32:39.160
 pretty easy now the economics of that I can't really speak into that it seems

05:32:39.160 --> 05:32:43.120
 like there has been people who have passed on it but nevertheless as

05:32:43.120 --> 05:32:46.120
 Commissioner Ellis said that's one of the most dense parts in our city so five

05:32:46.120 --> 05:32:50.800
 years ago it seems like Kroger said that it wasn't densely populated again it

05:32:50.800 --> 05:32:54.600
 seems like five years needs a revisit to the entire conversation of what that

05:32:54.600 --> 05:32:59.160
 area can support because I would say it's it's about as close to a food

05:32:59.160 --> 05:33:05.040
 desert as we have in our town and so with that we do have a motion to table

05:33:05.040 --> 05:33:09.720
 we have a second for that and so without any further discussion I think we should

05:33:09.720 --> 05:33:14.720
 go ahead and hear that vote I'll do by roll call starting with

05:33:14.720 --> 05:33:21.600
 Krister back Krister back this is a vote for a table to a date uncertain how do

05:33:21.600 --> 05:33:39.480
 you vote? Nay. Krister Anderson? Nay. Krister Ellis? Nay. Krister Cole? Nay. Krister Smith? Aye.

05:33:39.480 --> 05:33:47.480
 Krister Pernetta? Aye. Chair is a nay. Motion fails 5-2. Chair will entertain

05:33:47.480 --> 05:33:54.240
 another motion. Commissioner Smith? Make a motion to the deny. Commissioner Cole?

05:33:54.240 --> 05:34:00.600
 Second. We have a first and a second to deny. Is there any discussion on this?

05:34:00.600 --> 05:34:05.600
 Seeing none I'll call for a vote. Commissioner Beck? Aye.

05:34:05.600 --> 05:34:12.040
 Commissioner Anderson? Aye. Commissioner Ellis? Aye. Commissioner Cole? Aye.

05:34:12.040 --> 05:34:19.840
 Krister Smith? Aye. Krister Pernetta? Aye. Chair is also an aye. Motion carries 7-0 to

05:34:19.840 --> 05:34:30.680
 deny. The next item of business is item 5D that's the AESA 20-0005B. I'm in a

05:34:30.680 --> 05:34:37.080
 conundrum here Richard do we go ahead and hear this and vote? I'm seeing nods

05:34:37.080 --> 05:34:44.360
 from Cynthia. We would again yeah it's a recommendation. Yes sir. Can I maybe

05:34:44.360 --> 05:34:50.200
 just a quick maybe two minute three minute recess I mean I could step away

05:34:50.200 --> 05:34:54.800
 just a thought. No let's go ahead we'll take we'll take three minutes I

05:34:54.800 --> 05:35:01.680
 appreciate the suggestion I will cause call the meeting to recess at 948 be

05:35:01.680 --> 05:35:06.680
 back by 952 please. Thank you for your patience I'm going to call back the

05:35:06.680 --> 05:35:17.840
 order call the meeting back to order at 955. We'll move into item 5D AESA 20-0005B I'm

05:35:17.840 --> 05:35:22.440
 going to open the public hearing and turn the floor over to Christy Upton and

05:35:22.440 --> 05:35:27.400
 Christy if you could given the prior results do a maybe a high-level

05:35:27.400 --> 05:35:33.760
 presentation I think that would be most beneficial for us. Absolutely.

05:35:36.720 --> 05:35:42.760
 So good evening this is an alternative environmentally sensitive area plan and

05:35:42.760 --> 05:35:51.600
 it is in regards to the project that you just discussed and the reason for this

05:35:51.600 --> 05:35:57.560
 alternative AESA plan is for the construction of a retaining wall that

05:35:57.560 --> 05:36:04.360
 would support the development. The AESA field assessment Corina went over that

05:36:04.360 --> 05:36:09.240
 in the previous presentation so I'll just give you a little bit more

05:36:09.240 --> 05:36:15.560
 highlight here there's a this stream is called Pecan Creek and there's the

05:36:15.560 --> 05:36:20.800
 riparian buffers and the flip plane and the water related habitat that is all

05:36:20.800 --> 05:36:28.440
 internet inter nested within this area all support the water quality and water

05:36:28.440 --> 05:36:36.240
 quantity coming through this site and there is a permitted encroachment for

05:36:36.240 --> 05:36:43.560
 the improvements to Shady Shores Road and that's in this area that's along

05:36:43.560 --> 05:36:48.960
 Shady Shores they the applicant would need to remove some of the vegetation in

05:36:48.960 --> 05:36:54.400
 order to construct the road and per the development code this is a permitted

05:36:54.400 --> 05:37:01.440
 activity because staff it requires that the applicant restore that area to

05:37:01.440 --> 05:37:09.120
 minimize erosion and promote the recovery of the ESA. So the proposed

05:37:09.120 --> 05:37:15.520
 encroachments that are not permitted by the code is to remove some of the

05:37:15.520 --> 05:37:18.720
 vegetation in order to construct these retaining walls that supports

05:37:18.720 --> 05:37:24.080
 development and in order to construct the retaining walls the applicant would

05:37:24.080 --> 05:37:29.960
 need to remove the understory and the some of the trees that are located

05:37:29.960 --> 05:37:36.320
 within that riparian buffer zone that's 15 feet from the wall and in this

05:37:36.320 --> 05:37:42.200
 temporary construction easement again it would result in some of that vegetation

05:37:42.200 --> 05:37:51.160
 needing to be removed in order to to compensate for it and to restore the

05:37:51.160 --> 05:37:58.480
 area and the applicant is going to is proposing to reseed with native grasses

05:37:58.480 --> 05:38:04.560
 and to replace the damaged trees after construction they have identified that

05:38:04.560 --> 05:38:09.740
 there would be 32 inches that would be removed and then they agreed that one

05:38:09.740 --> 05:38:14.000
 year after the construction they would inspect the area and replace any dead or

05:38:14.000 --> 05:38:22.240
 drying or dying trees that were found to have been damaged during the

05:38:22.240 --> 05:38:27.360
 construction and the trees would be replaced at the mitigation rate per the

05:38:27.360 --> 05:38:37.880
 the tree mitigation code and not always connected but that that seemed like a

05:38:37.880 --> 05:38:43.360
 fair assessment to use the tree mitigation rate. There was one response

05:38:43.360 --> 05:38:49.920
 of a favor you can see here in green and staff is recommending approval of the

05:38:49.920 --> 05:38:56.160
 request with the land disturbances limited limiting the land disturbances

05:38:56.160 --> 05:39:03.760
 as shown in the plan and then restoring the area per the plan with the seeded

05:39:03.760 --> 05:39:11.360
 areas and then replacing the trees that were removed at the rate that the tree

05:39:11.360 --> 05:39:21.280
 mitigation rate and then the one-year report that would upon approval provide

05:39:21.280 --> 05:39:27.480
 for replacement of any further damaged trees and then the last two

05:39:27.480 --> 05:39:31.840
 recommendations that environmental services typically recommends for

05:39:31.840 --> 05:39:42.320
 ensuring that this is a successful plant and restoration and that's it. Are there any

05:39:42.320 --> 05:39:46.320
 questions? Christy thank you for that great presentation we do have a

05:39:46.320 --> 05:39:49.520
 question Commissioner Beck. Yeah thank you and I don't want to belabor this

05:39:49.520 --> 05:39:56.560
 because all the reasons but something similar hopefully will come back

05:39:56.560 --> 05:40:00.920
 because we're talking about the eastern part for development not the western

05:40:00.920 --> 05:40:07.360
 part so my question is what I tried to get across earlier is when this is where

05:40:07.360 --> 05:40:22.160
 I want education and and that is for the 747A8 does it matter this was the

05:40:22.160 --> 05:40:24.680
 question I was trying to get and I think I hopefully have a better way of asking

05:40:24.680 --> 05:40:32.760
 it does it matter the size scale of the road or it's just any road on the

05:40:32.760 --> 05:40:39.120
 mobility plan? Any road on the mobility plan and the reason for that is is

05:40:39.120 --> 05:40:45.800
 because you're you're not requiring you're requiring that applicant to build

05:40:45.800 --> 05:40:52.120
 that road for for the community you know that road expansion would be for all

05:40:52.120 --> 05:40:58.080
 community members so you're asking them to to build that road so equitably you

05:40:58.080 --> 05:41:05.280
 wouldn't necessarily want to request them to request that that flexibility and

05:41:05.280 --> 05:41:12.600
 alternative ESA plan for for a road that they have to build. Okay and this

05:41:12.600 --> 05:41:16.320
 thank you that clarified that and I guess I should have started with you at

05:41:16.320 --> 05:41:22.920
 the beginning so thank you and then this the second question is similar in the

05:41:22.920 --> 05:41:29.360
 same section it seems to suggest that for erosion to the harm from erosion to

05:41:29.360 --> 05:41:36.160
 be to be offset they have to improve it not just restore it is that correct?

05:41:36.160 --> 05:41:46.200
 Are you still asking about the roadway? Whenever you modify an ESA it I think

05:41:46.200 --> 05:41:51.480
 this section about the roadway was saying in order to do the erosion

05:41:51.480 --> 05:41:55.800
 control maybe it is actually the retaining walls but in order to do that

05:41:55.800 --> 05:42:00.920
 do you have to just restore it to the level it was or do you have to make it

05:42:00.920 --> 05:42:12.040
 better? The COA specifically says restore to minimize erosion and to and to

05:42:12.040 --> 05:42:18.320
 promote the recovery of the ESA so how that that actually is achieved I think

05:42:18.320 --> 05:42:24.840
 is there there's going to be some some different ways and different means of

05:42:24.840 --> 05:42:31.240
 getting there and it so it really kind of depends on the site depends on what

05:42:31.240 --> 05:42:38.400
 is being proposed to be removed so I think there's just too many variables to

05:42:38.400 --> 05:42:42.840
 try to cut it enough fair enough thank you I appreciate that that's all my

05:42:42.840 --> 05:42:49.360
 questions thank you any other questions for Christy excuse me well I do want to

05:42:49.360 --> 05:42:53.000
 say that for this item we had two people make comment using our online form those

05:42:53.000 --> 05:42:57.720
 two individuals were in support of it they were not against it there's zero

05:42:57.720 --> 05:43:01.160
 against it and all these common forms were emailed to the commissioners and

05:43:01.160 --> 05:43:07.120
 our city secretary to record and with that I think I noted that the applicant

05:43:07.120 --> 05:43:15.160
 had dropped off the line so yep I'm gonna go ahead and close we are here if

05:43:15.160 --> 05:43:19.480
 you have any questions oh perfect there are others of us Charles is left okay

05:43:19.480 --> 05:43:23.400
 well I appreciate you clarifying that is there any questions for the applicant

05:43:23.400 --> 05:43:29.760
 okay great can I make a statement you absolutely can okay terrific my name is

05:43:29.760 --> 05:43:33.320
 Michael Clark I'm with Winkleman and Associates I appreciate that opportunity

05:43:33.320 --> 05:43:40.520
 6750 Hillcrest Plaza Suite 325 Dallas 75230 I know we had a lot of

05:43:40.520 --> 05:43:47.040
 conversations and the previous case didn't go particularly well however if

05:43:47.040 --> 05:43:53.680
 and I'm trying to formulate my words here if you saw fit to approve this

05:43:53.680 --> 05:43:59.520
 action item what that would do is that would allow my client to know let me

05:43:59.520 --> 05:44:02.480
 back up a minute let me say the different way we've worked very very

05:44:02.480 --> 05:44:07.680
 diligently with staff with many many I don't use the word conflicting but many

05:44:07.680 --> 05:44:13.720
 co-joined ordinances and rules and regulations to get to what we feel is a

05:44:13.720 --> 05:44:18.560
 very minimal impact on this ESA an approval of this item would give my

05:44:18.560 --> 05:44:24.720
 client the ability to know with with strong support that this is the limit of

05:44:24.720 --> 05:44:30.360
 where we can develop so any subsequent site plans would have this limit defined

05:44:30.360 --> 05:44:35.280
 pretty well we know that we'd work with staff and we've met and achieved all the

05:44:35.280 --> 05:44:38.600
 ordinances we can with this minor variance and that would allow us to

05:44:38.600 --> 05:44:45.120
 define this what is it the developed DIA and work with the with any revised site

05:44:45.120 --> 05:44:50.680
 plans with the with a confirmed line and limits of work so that's I know it's

05:44:50.680 --> 05:44:55.240
 kind of counterintuitive to deny wanted to prove another but that would be very

05:44:55.240 --> 05:44:58.960
 helpful for anybody further developing this to know that this is the limits of

05:44:58.960 --> 05:45:05.680
 where you can go I appreciate that mr. Clark I would like to clarify on the

05:45:05.680 --> 05:45:11.200
 city side either with Christy or Richard I didn't understand that to be the case

05:45:11.200 --> 05:45:18.320
 that he presented just now that it would it hold true of other projects being

05:45:18.320 --> 05:45:35.000
 brought forth can you clarify that well with the approval of this plan the the

05:45:35.000 --> 05:45:41.560
 plan is not necessarily tied to the SCP so with the approval of this plan

05:45:41.560 --> 05:45:48.760
 potentially the applicant could design as sites around this this limitation of

05:45:48.760 --> 05:45:56.200
 of this alternative ESA plan and then proceed with the restoration that was

05:45:56.200 --> 05:46:01.960
 proposed in the plan so as long as as the encroachments didn't increase and

05:46:01.960 --> 05:46:10.960
 the the applicant is still proceeding with the same restoration plan I don't

05:46:10.960 --> 05:46:24.200
 foresee that this approving this would would would cause for other impacts to

05:46:24.200 --> 05:46:30.880
 other applications just allow for them to move forward yeah is is the as is an

05:46:30.880 --> 05:46:37.960
 alt ESA tied to the property so if if we approved an AESA and the developer did

05:46:37.960 --> 05:46:44.520
 not proceed with the project or there's a change of ownership the ASA whole to

05:46:44.520 --> 05:46:52.440
 the property is that correct that is correct maybe if you think of it in

05:46:52.440 --> 05:46:58.760
 terms of because we did have to amend it the Fisher 59 alt ESA and so that that

05:46:58.760 --> 05:47:02.280
 stayed with that with that property when they had to establish that second means

05:47:02.280 --> 05:47:07.040
 of access as a result of fire to traverse that traverse that alt ESA

05:47:07.040 --> 05:47:12.840
 again that was off of off of 380 to to the applicant's point with what this

05:47:12.840 --> 05:47:19.720
 would essentially do is fence in if you will that development impact area and

05:47:19.720 --> 05:47:25.840
 then set the very the very absolute maximum limit that they could encroach

05:47:25.840 --> 05:47:32.120
 into the ESA to build that retaining wall for the site so it would give them

05:47:32.120 --> 05:47:38.440
 that boundary but again or or it could potentially if not it would could

05:47:38.440 --> 05:47:42.200
 potentially if they didn't want to go for with the audience to shrink that

05:47:42.200 --> 05:47:46.000
 development impact area and whether it would still be viable at that point that

05:47:46.000 --> 05:47:50.040
 would be something they would have to determine I appreciate clarification I'm

05:47:50.040 --> 05:47:56.600
 more inclined to have an alt ESA tied to the SUP and hear those together it seems

05:47:56.600 --> 05:48:00.800
 a little bit more conjoined that way but commissioner back you had your hand up

05:48:00.800 --> 05:48:05.520
 yes thank you chair so so my concern with that approach and I and I see that

05:48:05.520 --> 05:48:09.560
 Christie's point in the developers point that this would as Richard I believe said

05:48:09.560 --> 05:48:17.400
 fence this in and provide a limit but there's there's were specific ESA

05:48:17.400 --> 05:48:22.720
 encroachments caused by the layout of the buildings that they wanted to do and

05:48:22.720 --> 05:48:27.600
 it's so I would hate and we went through all this because we're saying we would

05:48:27.600 --> 05:48:31.960
 like a different alternative use and if they have a different building plan then

05:48:31.960 --> 05:48:38.040
 they might need different encroachments and that would end up I wouldn't want to

05:48:38.040 --> 05:48:45.760
 reduce the flexibility for a future development by having a restrictive ESA

05:48:45.760 --> 05:48:51.320
 that you know they we ended up having to amend it or something else that we're

05:48:51.320 --> 05:48:55.040
 allowed to do in the code I'm not sure we could do that but I would I would I

05:48:55.040 --> 05:48:59.320
 wouldn't I think it would be cleaner if they just got a an ESA for what they

05:48:59.320 --> 05:49:06.520
 want to propose rather than use it as a fencing mechanism that would be my

05:49:06.520 --> 05:49:14.920
 recommendation okay so having heard from the applicant I'm gonna go ahead and

05:49:14.920 --> 05:49:19.120
 close the public hearing we can have further discussion or motion but it

05:49:19.120 --> 05:49:23.560
 looks like I'm gonna go to Tim Smith commissioner Smith first

05:49:23.560 --> 05:49:28.720
 but make a motion to the nine I agree with Commissioner Beck and chair Rizel

05:49:28.720 --> 05:49:34.640
 that I think that just creates some sort of constriction that later on down the

05:49:34.640 --> 05:49:38.200
 road it'd be a little bit redundant we may end up having to just see them see a

05:49:38.200 --> 05:49:42.440
 change to the all these stuff we come back around to it so I understand the

05:49:42.440 --> 05:49:48.280
 applicants concerns that that a lot of work has been done if my original

05:49:48.280 --> 05:49:55.560
 motion to table had been gone through motion to table but motion to deny so I

05:49:55.560 --> 05:50:01.560
 think I'm a care of my motions to deny Commissioner Ellis I will second yeah I

05:50:01.560 --> 05:50:05.640
 don't understand all DSA without a development that to me doesn't make

05:50:05.640 --> 05:50:14.880
 sense we have a first and a second for denial any discussion on this seeing

05:50:14.880 --> 05:50:19.400
 none I'm gonna call a vote for via roll call the boxes have shifted here so I'm

05:50:19.400 --> 05:50:26.560
 gonna start with Commissioner Smith this time I Mr. Cole I coaster Ellis I

05:50:26.560 --> 05:50:35.760
 Commissioner Anderson I Christopher Neta I commissioner Beck I chairs also an I

05:50:35.760 --> 05:50:43.160
 motion to deny carry 7-0 that brings us to our concluding item item 6a to

05:50:43.160 --> 05:50:47.920
 discuss the matrix as always I'm gonna toss this over to Richard and then to

05:50:47.920 --> 05:50:53.240
 the dais for discussion Richard floors yours just quickly I know it's been a

05:50:53.240 --> 05:50:58.640
 been a long been a long night most likely next meeting we'll we'll have the

05:50:58.640 --> 05:51:02.800
 mobility plan discussion on both in terms of kind of where we are with the

05:51:02.800 --> 05:51:08.280
 mobility plan as well as how it is amended I think that was the the initial

05:51:08.280 --> 05:51:11.920
 question but I think it's also probably appropriate to talk about what kind of

05:51:11.920 --> 05:51:15.920
 where we are now with it so we'll probably look at again another 4 o'clock

05:51:15.920 --> 05:51:20.480
 start but we'll we'll have that confirmed within within the next couple

05:51:20.480 --> 05:51:26.360
 days just to add a cup there were no council actions on on any items we had

05:51:26.360 --> 05:51:32.480
 had a little bit of a break there but just just to clarify one item I wanted

05:51:32.480 --> 05:51:35.320
 to give everyone the reference I know there was a question about 30-day

05:51:35.320 --> 05:51:43.760
 extension and it's Texas local government code section 212.009 B - - we

05:51:43.760 --> 05:51:51.120
 can I'll go ahead and send everyone an email with that just 212 overall so you

05:51:51.120 --> 05:51:55.000
 have it but just wanted to provide that provide that section to everyone the

05:51:55.000 --> 05:51:58.280
 only other thing I just wanted to mention because I think it's we've had

05:51:58.280 --> 05:52:02.520
 some interesting discussions more so I think on the comp plan and rezoning and

05:52:02.520 --> 05:52:07.440
 even as it relates to a number of these rural residential designations that

05:52:07.440 --> 05:52:12.320
 we've used as a holding pattern that I think has come back around not so great

05:52:12.320 --> 05:52:18.540
 at us as we're looking to plan the future adequately we do have we did have

05:52:18.540 --> 05:52:25.880
 the RFP out for the comp plan update and so we are in the process of finalizing

05:52:25.880 --> 05:52:31.280
 the selection of that RFP and ultimately that'll go to council for for decision

05:52:31.280 --> 05:52:36.520
 but that is in the works and hopefully we will have somebody at least selected

05:52:36.520 --> 05:52:40.600
 I'm guessing by the first of the year maybe the the end of December but most

05:52:40.600 --> 05:52:44.080
 likely the first of the year so that will be coming back around and so I

05:52:44.080 --> 05:52:47.360
 think kind of where we are with a lot of things the mobility plan some of the

05:52:47.360 --> 05:52:51.280
 other utility plans and then again really taking a hard look at particularly

05:52:51.280 --> 05:52:56.360
 some of these areas that are in town I'll say that that we've just given an

05:52:56.360 --> 05:53:01.880
 RR because we annex them or are unincorporated are still unincorporated

05:53:01.880 --> 05:53:04.800
 but we've given them an RR but really I think looking a little more

05:53:04.800 --> 05:53:09.520
 strategically as as a city how we want to grow again ultimately I think that's

05:53:09.520 --> 05:53:14.160
 just something that as a commission you'll have to make rec review and make

05:53:14.160 --> 05:53:18.600
 a recommendation to council for ultimate decision but I think we're in for some

05:53:18.600 --> 05:53:25.760
 long hopefully robust discussions and that's I'll leave it at that and I look

05:53:25.760 --> 05:53:32.040
 forward to it thanks for the update Richard off the top on the matrix some

05:53:32.040 --> 05:53:36.400
 of this goes to the matrix but I just want to bring it up to see where the

05:53:36.400 --> 05:53:44.200
 discussion should lie this shady shores road thing is confounding we have a

05:53:44.200 --> 05:53:49.120
 property owner who's trying desperately to develop a piece of land that has a

05:53:49.120 --> 05:53:55.080
 or ESA all over it and apparently he owns the adjacent property across the

05:53:55.080 --> 05:54:00.120
 road from Shady Shores I would be highly interested to see what we can do with

05:54:00.120 --> 05:54:04.160
 that property owner to combine those lots and abandoned Shady Shores Road

05:54:04.160 --> 05:54:07.840
 which is terrible to begin with because if we were to combine those two lots

05:54:07.840 --> 05:54:11.920
 that would give the property owner significantly more land to develop on and

05:54:11.920 --> 05:54:16.160
 give them frontage road to I-35 increases property value I see this as a

05:54:16.160 --> 05:54:21.360
 win-win to get something that I think the residents the city all of us would

05:54:21.360 --> 05:54:25.800
 want I just don't know the process of doing that I mean it looks like classic

05:54:25.800 --> 05:54:31.280
 Dodge has an entry off Shady Shores so you'd have to there'd have to be some

05:54:31.280 --> 05:54:35.320
 sort of mitigation there but I would like to know the process of a city

05:54:35.320 --> 05:54:39.800
 initiated reaching out to developer to see what we can do to actually get this

05:54:39.800 --> 05:54:45.120
 project moving because I mean I really it seems like the developer wants to

05:54:45.120 --> 05:54:50.600
 build there we have we have someone who's who's you know interested it seems

05:54:50.600 --> 05:54:56.000
 like it's not a huge lift to abandon a road in which there's only two parcels

05:54:56.000 --> 05:54:59.880
 of land and one person owns both of them so I don't have that outreach to the

05:54:59.880 --> 05:55:03.360
 developer and him to apply for it or we can do but I just want to bring that

05:55:03.360 --> 05:55:08.320
 discussion about some options with that property we heard tonight definitely

05:55:08.320 --> 05:55:11.920
 definitely will and just to mention one of the one of the items that will

05:55:11.920 --> 05:55:17.280
 eventually come back is as we discussed through through DC RC and go through the

05:55:17.280 --> 05:55:24.040
 update to the DDC or cleanup is really including those procedures for

05:55:24.040 --> 05:55:28.600
 abandonment or vacation of right away so so it is specifically outlined and it's

05:55:28.600 --> 05:55:33.080
 a clear process within within the DDC and because we really don't don't have

05:55:33.080 --> 05:55:38.000
 that have that tool we kind of do but but it's just not codified as it

05:55:38.000 --> 05:55:42.080
 probably should be great thanks Richard any other items

05:55:42.080 --> 05:55:48.560
 Chris Rebecca thank you chair Richard a number of people have reached out to me

05:55:48.560 --> 05:55:54.040
 and said they they would like to have they know about the Arc GIS or maybe

05:55:54.040 --> 05:55:57.400
 it's the static but they know about the map of development that we have on our

05:55:57.400 --> 05:56:04.760
 website can you tell if there's a list of development of properties under

05:56:04.760 --> 05:56:08.280
 development that would be useful and if there's not could we I mean I know you

05:56:08.280 --> 05:56:13.200
 have that is there a public facing list that we could get because a number of

05:56:13.200 --> 05:56:17.000
 people have asked me for the list they see the map they see the fine legend

05:56:17.000 --> 05:56:20.040
 they can't read the legend they definitely can't manipulate the legend

05:56:20.040 --> 05:56:28.240
 they'd like a some sort of data table there is there's also a active projects

05:56:28.240 --> 05:56:35.360
 map what what I will do is in one of these upcoming sessions I will have Cody

05:56:35.360 --> 05:56:41.720
 the wizard as we like to call him our GIS guru kind of walk us through that

05:56:41.720 --> 05:56:46.200
 and and if there's tweaks that need to be made I think it would be good for us

05:56:46.200 --> 05:56:50.120
 just to look at that but part part of the challenge is trying to get all of

05:56:50.120 --> 05:56:53.400
 them integrated together and so we're in the those are just one of those items

05:56:53.400 --> 05:56:58.560
 that we're continually doing but there is there is a component of the active

05:56:58.560 --> 05:57:02.880
 projects map and I can I can forward that link that's a little different than

05:57:02.880 --> 05:57:08.840
 the weekly submission that that is in a is in a spreadsheet essentially you can

05:57:08.840 --> 05:57:12.960
 you can download it and it it'll give you every plat application that that's

05:57:12.960 --> 05:57:18.360
 pending and so maybe that's it if not then we can we can look to tweak that

05:57:18.360 --> 05:57:24.000
 and see what we can pull from track it to like that might be the solution people

05:57:24.000 --> 05:57:27.820
 were asking me for so if you could share that with the Commission then I could

05:57:27.820 --> 05:57:31.320
 just share that with the people that are asking me and but I don't think they

05:57:31.320 --> 05:57:36.560
 would mind having the the active if you could show have someone show us how to

05:57:36.560 --> 05:57:42.360
 pull all the active plats out of the Arc GIS system as well if that's something

05:57:42.360 --> 05:57:46.200
 trip fairly trivial the public could do I think they would appreciate that as

05:57:46.200 --> 05:57:51.920
 well there are a lot of very fine data analytics people in in our town with our

05:57:51.920 --> 05:58:03.040
 three universities so any other items for the matrix great well done good

05:58:03.040 --> 05:58:07.840
 meeting guys I will close it at 1018

