August 15, Public Hearing Questions CA23-0001a & C Z23-0006A & D S23-0003a Mayhill Road Multi-Family— Public Hearing Questions & Responses
o Environmental Concerns:
• Question: Currently, the property provides for Preferred-Land-Use-Pattern continuity
(corridor) between the onsite ESAs with the adjacent eastern green space across
Mayhill, as well as the western green space across 288. While 288 and Mayhill do
provide some fragmentation already, is fragmentation not worsened with
development of this parcel?
The subject site includes two ESAs: Riparian Buffer and Water-Related Habitat (outlined
in green below). The proposed SUP shows a plan which does not encroach into the ESA,
including a gap in the perimeter fence on the north property line to maintain the
connection to the ESA that continues on the adjacent property. Therefore, no further
fragmentation of the ESA corridor would occur based on the proposed plan.
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• Question: Given the adjoining and interconnected onsite EASA, would a substantial
AESA not be required to develop a large multifamily use at this location?
CA23-0001a & C Z23-0006A & D 523-0003a Mayhill Road Multi-Family— Public Hearing Questions & Responses
DDC Section 7.4.7 provides for very limited activities which are permitted within the
limits of the verified ESAs, but it doesn't restrict the activities or types of uses outside
the ESA limits. Generally, grading, clearing, and private improvements are not permitted
within a Riparian Buffer ESA, and any encroachments require approval of an Alternative
ESA Plan. As currently designed, the multifamily use does not require an AESA, as no
encroachments are proposed within the ESA limits.
Furthermore, the residential use allows for the smaller-footprint buildings and
impervious surface to be clustered outside of the ESA limit to minimize impacts in a way
that would be difficult to achieve with a larger-footprint industrial use. However, if
approved, staff is recommending a condition notifying the developer that approval of
the SUP does not constitute approval of any encroachment into the ESAs.
• Question: It is my understanding that while Business Center uses are a marginally
more intense use than residential during the workday, over a 24 hour period which
use contributes the least intense impact to the ESA?
It is difficult to ascertain which Comprehensive Plan Future Land Use designation and
corresponding zoning districts would result in greater impacts, given the variety in
permitted uses which could be developed and the varied manners in which the uses
could be laid out and constructed on site; however, generally, it is presumed that
residential districts generate fewer impacts within their development boundaries: larger
minimum landscaped areas, greater required tree canopy, smaller structures, less
lighting, fewer large expanses of pavement for parking and storage, and less potential
for the use, production, and or spills/leaks of potentially harmful chemicals and
byproducts that can occur with industrial development. If the Comprehensive Plan and
rezoning requests are approved, higher intensity commercial and low-impact industrial
uses would no longer be permitted, resulting in residential or small office or commercial
development.
Industrial and employment districts are typically anticipated to create larger impacts
with smaller minimum landscaped areas and tree canopy, bigger building footprints, and
larger parking areas to accommodate large trucks. The zoning districts typically
associated with Business Center include General Office (GO) and Light Industrial (LI).
Current zoning of LI District is consistent with Business Center and permits a variety of
higher intensity commercial and low impact industrial uses, including Medical Clinic, Bar,
Restaurant, Drive-through Restaurant, Office, General Retail over 15,000 square feet,
Hotel, Motel, Car Wash, Automotive Fuel Sales, Major and Minor Automotive Repair,
Parking Lot as a Principal Use, Travel Plaza, Low-Impact Manufacturing, and Warehouse
and Wholesale Facility. While some of these uses might result in lower or similar
impacts (for example, Offices), others could result in greater impacts due to larger
expanses of pavement for large-truck parking and maneuvering (large Retail, Low-
Impact Manufacturing and Warehouse) and/or expanded hours of operation (Drive-
through Restaurant, Automotive Fuel Sales).
• Question: Wouldn't the scale of residential that would "pencil" be inconsistent with
land preservation and impacts?
CA23-0001a & C Z23-0006A & D S23-0003a Mayhill Road Multi-Family— Public Hearing Questions & Responses
As proposed, the development would not encroach into the ESAs and would be able to
meet both minimum landscaping and tree preservation standards, which are the City's
primary regulations related to land preservation and environmental impacts. Any future
or proposed encroachments into the ESA would require approval on an Alternative ESA
Plan through a separate process.
o Question: What is a desirable buffer to Federal Public Facility such as FEMA? Is it secure to
have densely occupied uses that close?
Denton Development Code Section 7.7.6 requires a 10-foot buffer between an existing
institutional or commercial use and a developing multifamily use. The buffer area must have a
sufficient number of elements (fencing, trees, and/or other landscaping) to achieve 20 points.
As proposed, the development meets the buffer standards, as it contains a 74-feet wide area
along the west property boundary that includes a 6-foot-tall wood fence and a large stand of
mature trees. Staff met with FEMA representatives and they indicated that they already do and
could continue to provide for security on their property. Additionally, the applicant indicated
that he met with FEMA and agreed to remove any benches within the open space adjacent to
the west property boundary to discourage future residents from congregating in the buffer
area.
o Question: Could staff describe how multifamily is a consistent use at this location given that
the FLUM, Zoning, and SUP's all have to be modified to support the use?
Although the proposal includes more requests than typical a project, State Law and the DDC do not limit the
number of applications needed to develop a site in a particular manner. In this case, staff analyzed each
request independently through the established criteria for approval and determined that area changes,
combined with adjacent zoning and development, indicate that moderate density and/or multifamily
development is an appropriate transitional use in this location.