MINUTES September 22, 2021  PLANNING AND ZONING COMMISSSION  After determining that a quorum was present, the Planning and Zoning Commission ofthe City of Denton, Texas convened in a Work Session on Wednesday, September 22, 2021, at 5:04 p.m. in PRESENT: Chair Margie Ellis, Vice-Chair Tim Smith, Commissioners: Jason Cole, Eric Pruett,  the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.  Donald McDade, Ronnie Anderson, and. Jordan Villarreal  ABSENT: None  WORK SESSION  1. Citizen Comments on Consent Agenda Items  None  2. Work Session Reports  A. Receive a report and hold a discussion regarding general topics inj platting.  The item was presented, and a discussion followed.  3. Clarification of agenda items listed on the agenda for this meeting.  Chair Ellis noted that Consent Agenda item 3A (FP21-0013c) had been withdrawn by the  applicant, and no action would be taken. Agenda items presented; no discussion followed: Agenda items presented; discussion followed: The Work Session ended at 5:53 p.m.  4A( (PP21-0019), 4B (PP21-0016b), 4C (PP21-0022), 4D (PP21-0020) 5A (Z21-0014a), 5B D2D000,3E6I-0, 5F (Z21-0010)  REGULAR MEETING  After determining that a quorum was present, the Planning and Zoning Commission oft the City of Denton, Texas convened in a Regular Meeting on Wednesday, September 22, 2021 at 6:33 p.m. in PRESENT: Chair Margie Ellis, Vice-Chair Tim Smith, Commissioners: Jason Cole, Eric Pruett,  the Council Chambers at City Hall,215E. McKinney, Denton, Texas. Donald McDade, Ronnie. Anderson, and Jordan Villarreal    ABSENT: None  1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag MINUTESI FOR:  2. CONSIDER APPROVAL OFTHE PLANNING AND ZONING COMMISSION  A. Consider the approval of the September 8, 2021 meeting minutes.  Vice-Chair Smith moved to approve the item as presented. Motion seconded by Commissioner AYES (7): Chair Ellis, Vice-Chair Smith, Commissioners: Cole, Pruett, Anderson, McDade, and  Anderson. Motion carried.  Villarreal NAYS (0): None ABSENT (0): None 3. CONSENT AGENDA  A. FP21-0013C: Consider a request by Tyler Rank of] Eagle Surveying, on behalf oft the property owner, for a Final Plat of Hilltop Road Estates. The approximately 20.07-acre property is generally located on the west side of Hilltop Road, approximately 2,435 feet south of the intersection ofHilltop Road and Brush Creek Road, in the Extraterritorial Jurisdiction of the City ofDenton, Denton County, Texas. (FP21-0013c, Hilltop Road Estates, Sean Jacobson) B. FP21-0017b: Consider a request by Robson Denton Development, LP for approval ofa Final Plat for Robson Ranch Unit 6.2. The approximately 21.9-acre site is generally located at the northeast corner of Banded Iron Lane and Crestview Drive in the City of Denton, Denton Note: Item 3A (FP21-0013c) was withdrawn by the applicant, and no action was taken. Vice-Chair Smith moved to approve item 3B (FP21-0017b) as presented. Motion seconded by AYES (7): Chair Ellis, Vice-Chair Smith, Commissioners: Cole, Pruett, Anderson, McDade, and  County, Texas. (FP21-0017b, Robson Ranch Unit 6.2, Julie Wyatt)  Commissioner Cole. Motion carried.  Villarreal NAYS (0): None ABSENT (0): None    4. ITEMS FOR INDIVIDUAL CONSIDERATION  A. PP21-0019: Consider a request by Davit Barseghyan, on behalf of the property owner, for a Preliminary Plat of Perch Denton Addition, Lot 41, Block F. The 17.86-acre site is generally located 275 feet north oft the intersection ofN Bonnie Brae Street and Carril AILago Drive, in the City of Denton, Denton County, Texas. (PP21-0019, Perch Denton Addition, Sean  Jacobson)  The item was presented, and no discussion followed.  Commissioner Anderson moved to approve the extension of the item to a date certain October 20, AYES (7): Chair Ellis, Vice-Chair Smith, Commissioners: Cole, Pruett, Anderson, McDade, and  2021. Motion seconded by Commissioner Cole. Motion carried.  Villarreal NAYS (0): None ABSENT (0): None  B. PP21-0016b: Consider a request by Anthony Milbitz of Allison Engineering, on behalf oft the property owner, K&C Triple Crown Partners, for a Preliminary Plat of Lots 3-7, Block B, Pecan Creek Business Park. The approximately 5.448-acre property is generally located on the south side ofDuchess! Drive, approximately 4001 feet west oft the intersection ofDuchess Drive and S Loop 288, in the City of Denton, Denton County, Texas. (PP21-0016b, Pecan Creek  Business Park, Sean Jacobson).  The item was presented, and no discussion followed.  Vice-Chair Smith moved to approve the item as presented. Motion seconded by Commissioner AYES (7): Chair Ellis, Vice-Chair Smith, Commissioners: Cole, Pruett, Anderson, McDade, and  Villarreal. Motion carried.  Villarreal NAYS (0): None ABSENT (0): None  C. PP21-0022: Consider a request by First Texas Homes, Inc. for a Preliminary Plat of the Parkside Addition. The 62.397-acre site is generally located north ofHickory Creek Road and approximately 1,515 feet west of Waterside Place in the City of Denton, Denton County,  Texas. (PP21-0022, Parkside Addition, Lisa Payne). The item was presented. No discussion followed.  Commissioner Villarreal moved to approve the extension of the item to a date certain of October  20, 2021. Motion seconded by Commissioner Anderson. Motion carried.    AYES (7): Chair Ellis, Vice-Chair Smith, Commissioners: Cole, Pruett, Anderson, McDade, and  Villarreal NAYS (0): None ABSENT (0): None  D. PP21-0020: Consider a request by Robson Denton Development, LP for approval of a Preliminary Plat for Robson Ranch Unit 27. The approximately 44.903-acre site is generally located approximately 420 feet northwest of the intersection of Ed Robson Boulevard and Goodland Drive in the City of Denton, Denton County, Texas. (PP21-0020, Robson Ranch  Unit 27, Julie Wyatt)  The item was presented. No discussion followed  Commissioner Cole moved to approve the extension oft the item to a date certain of October 20, AYES (7): Chair Ellis, Vice-Chair Smith, Commissioners: Cole, Pruett. Anderson, McDade, and  2021. Motion seconded' by Commissioner Villarreal. Motion carried.  Villarreal NAYS (0):1 None ABSENT (0): None SPUBLICHEARING  A. Z21-0014a: Hold a public hearing and consider making a recommendation to City Council regarding ai request by Caitlyn Ashley and Joan Phillips to rezone: approximately 0.5 acre from Residential 3 (R3) District to Residential 7 (R7) District. The site is generally located on the east side of Bolivar Street, approximately 172 feet north of West Congress Street, in the City ofDenton, Denton County, Texas. (Z21-0014a, Bolivar Zoning, Julie Wyatt)  Chair Ellis opened the public hearing The item was presented, a discussion followed. Citizen comments received are in Exhibit. A.  With no further commentary, the public hearing was closed.  Vice-Chair Smith moved to adopt thei item as presented. Motion seconded by Commissioner Pruett. AYES (7): Chair Ellis, Vice-Chair Smith, Commissioners: Cole, Pruett, Anderson, McDade, and  Motion carried. Villarreal NAYS (0): None ABSENT (0): None    B. PD20-0010: Hold a public hearing and consider making a recommendation to City Council regarding a request by Star Gaze Investments LLC to rezone approximately 7.11 acres from Neighborhood Residential 4 (NR4) District and Rural Residential (RR) District to a Planned Development (PD) District. The site is generally located on the north side of East McKinney Street, approximately 1615 feet east of South Trinity Road, in the City of Denton, Denton  County, Texas. (PD20-0010, Light Industrial, Julie Wyatt)  Chair Ellis opened the public hearing. The item was presented, a discussion followed. Citizen comments received are in Exhibit A.  With no further commentary, the public hearing was closed.  Vice-Chair Smith moved to adopt the item as presented. Motion seconded by Commissioner AYES (7): Chair Ellis, Vice-Chair Smith, Commissioners: Cole, Pruett, Anderson, McDade, and  Villarreal. Motion carried.  Villarreal NAYS (0): None ABSENT (0): None  C.DCA21-0004: Hold a public hearing and consider making a recommendation to City Council regarding a proposed Code amendment to the Denton Development Code Subchapter 5 Use Regulations, Subchapter 71 Development Standards, and Subchapter! 9D Definitions; specifically, to introduce a new use, Data Center. (DCA21-0004, Data Center Use, Karina Maldonado) STAFF IS REQUESTING THIS ITEM BE POSTPONED TO A DATE CERTAIN OF  OCTOBER 6, 2021. Chair Ellis opened the public hearing. The item was postponed, and no action was taken.  D. Z21-001la: Hold a public hearing and consider making a recommendation to City Council regarding a zoning change request by the applicant, Britain Seright of97 Land Company, on behalf of the property owner, to rezone approximately 9.462. acres from a Residential 2 (R2) Zoning District to a Light Industrial (LI) Zoning District. The site is generally located at the northwest corner of the intersection of East University Drive and North Trinity Road, in the City ofDenton, Denton County, Texas. THE. APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO THE OCTOBER 6, 2021 MEETING. (Z21-001la, Dollar  Flowers 380, Ron Menguita) Chair Ellis opened the public hearing. The item was postponed, and no action was taken.    E. S21-0004: Hold a public hearing and consider making a recommendation to City Council regarding a request by Tyche Income Fund, LLC for a Specific Use Permit for an increase in building height, from 40 feet to 60 feet, for a proposed multi-family development on approximately 7.61 acres of land zoned Mixed Use Neighborhood (MN) District, generally located on the south side of Interstate Highway 35 East, approximately 1,500 feet south of Lillian BI MillerParkway in the City ofDenton, Denton County,Texas. (S21-0004, Millennium  Crest, Hayley Zagurski) Chair Ellis opened the public hearing. The item was presented, and a discussion followed.  Randi Rivera, Applicant, and William Tsao, Applicant, also presented the item. Discussion  continued.  Citizen comments received are inl Exhibit A.  With no further commentary the public hearing was closed.  Vice-Chair Smith moved to deny the item. Motion seconded by Commissioner Cole. Motion AYES (7): Chair Ellis, Vice- Chair Smith, Commissioners: Cole, Pruett, Anderson, McDade, and  carried. Villarreal NAYS (0): None ABSENT (0): None  F.Z Z21-0010: Hold a public hearing and consider making a recommendation. to City Council regarding a request by John Powell Walker, Hilton, James Guy & Leigh Anna Family Living Trust, Wady and Betty Jean Hilton, and Steven E. Bowles for a zoning change from Mixed Use Neighborhood (MN) and Residential 6 (R6) to a Light Industrial (LI) District on 20.83 acres and from a Residential Rural (RR) to LI District on approximately 4.17 acres. The 25- acre site is generally located on the south side of) E. University Drive approximately 880 feet east of Geesling Road and on the east side of Geesling Road, approximately 800 feet south of E.U University Drive, in the City of Denton, Denton County, Texas. (Z21-0010, Geesling Road  Industrial, Hayley Zagurski). Chair Ellis opened the public hearing. The item was presented, and a discussion followed. Aimee Bisset, Applicant, presented as well.  With no further commentary the public hearing was closed.    Commissioner Anderson moved to adopt the item as presented. Motion seconded by AYES (7): Chair Ellis, Vice-Chair Smith, Commissioners: Cole, Pruett, Anderson, McDade, and  Commissioner Villarreal. Motion carried.  Villarreal NAYS (0): None ABSENT (0): None  6.1 PLANNING AND ZONING COMMISSION PROJECT MATRIX comment be moved before items that have more public comment.  Vice-Chair Smith asked that the agenda be organized in a way that items that have less public  7.CONCLUDING ITEMS  None  With no further business, the meeting was adjourned at 9:19 p.m.  Margié Planning,ndZoninge Chair  PAml Selenal Dillard Administrative Assistant  l    September 22, 2021 Planning andz Zoning Meeting- EXHIBIT A Speaker Commentaries/ Registration- Online, E-mail, In-Person, and Phone City State Zip Agendal Item Position Method  First Name Last Name Address  Comments Ms. Bradleyv would liket the neighborhood and surrounding area tok keept the current zoning. Applicant, notedt thatt thez zoning change would bef for her home office. Applicant, explained ther reasoning oft the zoning change request. AF presentation was given, Mr. Gold was concernedy withi the enviromental impact, andt the proposed plan B option, Ms. Gold was concerned witht the proposed! heighto oft the! building. Mr. Robertson believedt this useis is incompatible with thes surrounding area, andt that thereisn not al housing shortaget that calls fort thep proposed apartments. height oft thet building, light andr noise! pollution, as wella as thep proposed planBo option Mr, Armor didr notk believet thes scaling oft the proposed! buildingis appropiatef fort the area, andr noted thel lack of grocery stores int thea area. Ms. Bery was concerned with the heighto oft the building, the compatibility int thea area, andt the proposed plan B. She alsor notedt the oppositionf from somei individuals of the nearby Brookdale Senior Living facility. Mr. Black was opposedt tob botht the PlanA A and Plan B options, however given the choicel hey wouldt ber more opposedt to OptionB B. Ap presentation was given, Mr. Drake does noth believe thep proposed buildingh has enough access, orh hasa compatibility" with thes surrounding area. Hev was also concerned with the Fire! Lane beingt the onlya access for vehicular access, andt the potentials safety! hazards. Ms. Casper was concerned about the safetyr risks witht thef firel lanea access. Mr. Roman did not! believe the proposed building was compatible with thes surrounding area, andt that such buildings would ber more appropiatei in othera areas ofD Denton. Ms. Fellman was concerned with increased noise, lack ofp privacy: and safety. Mr. Lyons disussed the arcitectural aspects oft the proposed! buildingsA A andB, and does nott believe thes scale! isa appropiate tot thes surrounding area.  Melissa Bradley 805 Boliver Street Denton TX Caitiyn Ashley 3601 Meadow TrailLane Denton TX Lee Ramsey 5255. Loop 288  5A(Z21-0014) Opposed In-Person SA(Z21-0014) For In-Person 5B(PD20-0010) For In-Person  Denton TX  Ken Gold 2512 Natchez" Trace Denton TX 76210 5E(S21-0004) Opposed In-Person Misty Gold 25121 Natchez Trace Denton TX 76210 SE (S21-0004) Opposed in-Person Eric Robertson 2501 Shitoh Road Denton TX 76210 5E(S21-0004) Opposed In-Person  Jeff  Berry 2500 Natchez Trace Denton TX 76210 SE (S21-0004) Opposed In-Person Mr. Berry was concerned with the  Greg Armer 2508 Shiloh Road Denton TX 76210 5E(S21-0004) Opposed In-Person Anne Berry 2500 Natchez Trace Denton TX 76210 SE(S21-0004) Opposed In-Person  Russel Black 2304 Shanandoah Trail Denton TX 76210 SE( (S21-0004) For In-Person Jerry Drake 25045 Shiloh Road Denton TX 76210 SE( (S21-0004) Opposed In-Person  Billie Ann Kasper 28165 Southridge Drive Denton TX 76210 SE( (S21-0004) Opposed In-Person Jeff Roman 2420Natchez' Trace Denton TX 76210 5E(521-0004) Opposed Phone  Martha-A And Fellman 2408 Natchez Trace Denton TX 76210 SE( (S21-0004) Opposed Phone Dan Lyons 25165 Shiloh Road Denton TX 76210 SE (S21-0004) Opposed In-Person    Lee Evans 2400Natchez' Trace Denton TX 76210 5E(S21-0004) Opposed Virtual Comment Thisp projectisg grossly out of  proportion withe every buildingi int the area, willl lower ourp property value and, fear,i isal bait ands switcht the developer planst tou uset thisp property tot bring ins Sect. 8housingt top profit from government incentive/tax programs like the developer before themt triedt to do. Thep proposedr rent ceiling of$1,500/monthi is notg going tov work. Ther numbers just don't addi upf fort that tot bea aprofitable business plan unless sect 8 goes in and gov. provides payment/tax breaks. woulda adversely affect ther residents oft the Southridge Estates neighborhood. Amongt them are traffic, noise, draind on city services, and disruption ofa quiet community life. Itisr not conducivet tot the continuedo quality ofli life ofc current residents. It willo destroyt thev visual impact of thes setting, andi itwill create problems withe environmental factors. exceeds everything elsei int the surrounding areal byt twos stories and will have a visuali impact onr mosto or allo of Southridge Estates, asv wella as privacy for our residents. Its seems doubtful thatt thet tenants willl be "upscale" inv view oft thel location, access, andr rent. Sol suspect this will make our development: aless desirable placet to live. area. Adjacent buidingsysubdivision are nor moret than2 stories. Emergency exits not viablei ifusing Brookdale entrances, especiallya at night, endangering ambulances and elderly pedestrians ofti ther nursing home. Pinnaçles states they arec cateringt to higheri incomet tenants although rents only rangef from $1,100-1500, whichi is on! lowe endf for Denton, making ito desirable for coliege students and loweri income tenants which affects our property values and safety  Wanda Samek 2701 Norfolk Court Denton TX 76210 5E(S21-0004) Opposed Virtual Comment This plan hass severali issuest that  Theodore RHarris 2509 Shenandoah? Trail Denton TX 76210 5E ($21-0004) Opposed Virtual Comment Thep proposed 4story building  Joan Godfrey 2512 Shiloh Road Denton TX 76210 5E( (S21-0004) Opposed Virtual Comment Development out ofs scalet fort the    Lee  Lyons 2516S Shiloh Road  Denton TX 76210 SE( (S21-0004) Opposed In-Person  Ms. Lyons statedt thatt thep proposed building is noti ideal forr milenial tenants, andi noteda a neighbors concerns witht thel lack of privacy. Ms. Roman was concerned withl lack ofp privacy and! hads safetyo concerns. vel livedi int this neighborhood for12 years, andi it's always been one of ther most sought after neighborhoods in thez area. She'sa realtor. Ifthis complexi is allowedt to be built, itwilla affectt thep property value oft the homeowners oft the area. Anyt time a complex isiny your backyard,i it's going to affect when you got tos sell. There arer no other 4- story buildings int this area, soir it's definitely aut ofs scale. Ity will change the entiret feelf for this area. development. Itwillk killt this neighborhood, alreadys severely degradedb byt thea addition of buckeye'st tot thee east (noise &v view). Ido not! live ont ther mosti impacted streets buta as we drive orv walk throught ther neighborhood, the MF complex willb bes strikingly visiblet to ther northi from about: 1/2 oft the neighborhood, from 2ndi floor windows, fronty yards and the neighborhood streets driving or walking. The projecti is nott tos scale fort the area. At4s stories, itis nota ab buffer, as MN purports tob be.1 Itv willt tower above everything: thel homes and Brookdale, event the! buildings in the industriaip plot toi itsr north.T The other concern ist their plant to tiei intoc our neighborhood: sewerl line. 260+ units is heavy usage. When! homes were added, Southridge had citizens experience. sewer overflowi into homes duet to back ups.) Wec don't want that tol happen! here. Thank you. is.justt tool high. Wel have standards fora reason. Ifa approved, It wills stick outl likea as soret thumb. This building will deprivef from the privacyt they need tor runt their lives. Ihavef fire safety andr many, many other concerns witht the development: as well. Pleasev voter no ont thist terrible proposal.  Kristen Roman 2420Natchez/ Trace Denton TX 76210 5E(S21-0004) Opposed Phone Marilyn Newland 2509 Potomac Pkwy Denton TX 76210 5E(S21-0004) Opposed Phone  Carl Kasper 2816 Southridge Dr Denton TX 76210 SE(S21-0004) Opposed Virtual Comment Outo ofScale Greg Vallenari 2504 Cape! Hatteras Ct Denton TX 76210 SE (S21-0004) Opposed Virtual Comment lamo opposedt to this muiti- family  Jennifer Danley-Scot2 2405 shenandoah Trail Denton TX 76210 5E(S21-0004) Opposed Virtual Comment Inre: $21 0004 (Millennium Crest).  Richard Galbreath 2308 SHENANDOAHT TRL Denton TX 76210 5E( (S21-0004) Opposed Virtual Comment The heighto oft the proposed building    Lee Evans 2400 Natchez Trace Denton TX 76210 5E(S21-0004) Opposed Virtual Comment Therei is noo contract/guarantee  developeri isn't going tok bait & switch! this propertyf fors section8 8H housing. The government has aj program that rewards development ofv veryl low income properties builti in/around more upper-i income properties. Thel developer receives fantastici tax breaks and very generous financing incentives. Adeveloper triedt tod do just that with this property acouple ofyears ago. Also, concerne emergency exitsfrom property- automated gate myr not work 100% oft thet time w/ot fail Buckeyes visiblet from many points inr neighborhood. 4stories willb be ane eyesore- totallyo outo of scale. Nearby homes and businesses area all 1-2 stories. Will bec offensively visible from much oft ther neighborhooda as you drive or walk it. Willo changet the character ofa and devaluei the neighborhood. Will generate lots more traffic on 135 Access road where the MF residents will enter/exit, addingt tot thea already disturbing noisel levels from buckeye's. compatible int thea amount ofs space available andv with thes surrounding area. Traffic, lighting, noise, and height willg greatlyi impactt the areai in anegative way.  Barbara Vallenari 25040 Cape Hatteras Ct Denton TX 76210 5E(S21-0004) Opposed Virtual Comment Neighborhood already devalued with  Lea Robertson 2501 ShilohR Rd  Denton TX: 76210 SE( (S21-0004) Opposed Virtual Comment Ana apartment complex is not    Joan Godfrey 2512S Shiloh Road Denton TX 76210 SE (S21-0004) Opposed Virtual Comment Development out ofs scalef fort the  area. Adjacent buildings/subdivision arer no moret than: 2 stories. Emergency exits noty viablei ifusing Brookdale entrances, especially at night, endangering ambulances and elderly pedestrians oft ther nursing home. Pinnacles states they are cateringt to higheri income tenants although rents only rangef from $1,100-1500, whichi is on! lowe end for Denton, makingitd desirable for coilege students andi loweri incomet tenants which affects ourp property values and safety Especially int thee eveningy when kids aret trying tos sleep. Parties, etc. Privacy-Top units will be ablet tos see directly into our backyard. Safety- Complex willl bringi in college crowds and potential crime. We have hada a number ofs shootings in apartments throughout Denton. Property Value Decrease-Nobody wants tol live where therei is an apartment lookingi int their back window. Fire code-Int thee event ofat fire people willl bej jumping our backyard fence option with the7 7' reductionin foundation height. backyard, increase traffic toa congested area, ande effect our happiness about ourr recent movet to the city afD Denton. Wer notice pockets ofa areas where improvements can! ber madea andt the most common factor are apartments. Wel have al legacy neighborhood thati is wells sought after, witha apartments overlooking ther neighborhood wer risk our reputation: andv value. Thev value data doesn't account for the people who didn't considera a residence duet toa nearby apartment. neighborhood ands safetyo concerns with transient population. Noise: and! light pollutionf for neighborhood. neighborhood: and willl bea an intrusion ond our privacy. PLEASEdo nota approve this!  Nathan Fellman 2408 NATCHEZTRCE Denton TX 76210 5E(S21-0004) Opposed Virtual Comment Noise-will adda ample amount ofit.  Russell Black 23045 Shenandoah Trail Denton TX 76210 5E(S21-0004) For Virtual Comment Builder needs tot bel held tot their A.1 Andrea Murillo 2412 Natchez) Trace Denton TX 76210 5E(S21-0004) Opposed Virtual Comment These apartments willo overlook my  Tony Murillo 2412 NatchezT Trce Denton TX 76210 SE(S21-0004) Opposed Virtual Comment  Culley Lichtenberg!: 2409 Natchez1 Trace Denton TX 76210 5E (S21-0004) Opposed Virtual Comment Toot tall, doesn't meets scale of Margaret Carleton 2524Natchez1 Trace Denton TX 76210 5E(S21-0004) Opposed Virtual Comment Thisisri right behind my