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 >> Good evening, ladies and gentlemen, and welcome to the planning and zoning work session

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 meeting for Wednesday, April 21, 2020.

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 Seeing that we have a quorum, I will call the meeting to order at 5.02.

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 We do not have any citizen comments on the consent agenda items this evening, so we'll

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 jump right into item number two, which is work session reports.

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 The first one is PZ21-026, receive a report and hold the discussion and give staff direction

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 regarding updates to the didn't plan 2030 and small area plans.

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 And I believe this is Ron Minguita's item.

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 Is that correct?

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 >> Yes, it is.

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 >> All right.

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 Floor is yours whenever you're ready.

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 >> Thank you, Chair.

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 Ron Minguita, principal plan with development services.

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 Let me pull up my screen, share that with y'all.

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 Let me know if you see it.

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 >> Yes.

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 >> Great.

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 I just want to, just before we start, just want to mention that this is going to be a

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 team effort.

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 Julie Wyatt is going to be taking the second half of this presentation, I'll be doing the

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 first half, and also mention that Haley was also a big part of this presentation, so she

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 will not be making a presentation, but she put this presentation together for us.

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 Really quick, just part of the request for this work session came from a January 20th

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 meeting earlier this year where the commission discussed a PD application, and through that

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 discussion there were some communications or discussion about a potential small area

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 plan that could potentially be for this particular area, Highway 77 and I-35, in that vicinity

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 of the city.

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 Not only because of that PD discussion, the commission also recognized that there are

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 multiple zoning applications and PD requests in this area in the last year, so we're going

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 to focus on or talk about the comprehensive plan update and then get into this particular

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 area later in the presentation.

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 For this particular item, we're going to be talking about comprehensive plan update, really

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 what's going on, provide a little bit of an overview of where we are, talk about the scope

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 of work that we're working on, and then the public outreach effort that's happening as

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 we speak, then transition from that to our small area plan discussion, what the purpose

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 is and what the process is for creating small area plans, what we have today in the city

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 in terms of small area plans, talk about how the comprehensive plan has recommendations

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 as far as what needs to be included in the SAP, how we get started and that sort of information,

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 how then we use what we've learned and what the commission has seen through the various

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 applications in the process to start the initiation of small area plans.

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 And then lastly, we're going to be discussing how we prioritize which small area plan area

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 we want to focus on in the next coming years.

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 So real quick, the comprehensive plan, as you all know, kicked off earlier this year

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 in February to be specific, it is to update the DEN Plan 2030, the DEN Plan 2030 was adopted

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 back in February 2015, and most if not all of you were part of that or were involved

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 in the development of that comprehensive plan update.

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 It's been almost six years, a little bit over past six years since that adoption.

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 So what we normally look for between five to seven years is to just kind of revisit

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 the comprehensive plan, making sure that what's there, what's in place is still relevant,

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 it's still practical in cases.

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 There are areas that we never even contemplated back in 2015, even earlier than that, 2014-2013.

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 So it's good to revisit some of those areas so that our plan is as updated to the existing

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 conditions as much as possible.

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 In the plan, there are 10 elements, the 10 elements are listed here, and you can see

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 they range from land use to economic to parks, mobility, housing, and community health service

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 and safety.

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 One of the most important part of the comprehensive plan, in my opinion, is also the infrastructure

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 and utilities and implementation and monitoring.

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 That's chapter 10, chapter 10 is the implementation and monitoring chapter or element and in there

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 is the what to do next.

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 It's not that we have a plan, we need to know how to implement it, what happens next and

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 what we need to do to ensure that the work that we put together in this plan gets done.

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 So that's where that language is and in that chapter or element is small area plans.

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 So we'll touch base on chapter 10 later in this presentation.

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 So as far as the scope of work for this upcoming update to the comprehensive plan, we have

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 enlisted or hired a consultant.

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 They're helping us with the analysis in order to identify recommendations and ultimately

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 update the plan that we see here.

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 So they've started actually, phase one is really the existing conditions assessment

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 report that they will be putting together looking at major local issues and then putting

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 a report together as well.

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 Part of that effort is interviewing stakeholders, focus groups, conducting workshops and they've

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 done that already.

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 So they're almost done with phase one, phase two and three are upcoming and we hope to

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 continue that effort through another workshop and hopefully other events as part of that

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 effort.

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 Included in the scope of work is a special topic discussion where we will be talking

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 about the downtown master plan.

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 This is a small area plan technically.

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 When you think about it, it's a more refined, more detailed plan for the downtown.

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 So that is something that they will be also evaluating and assessing in order to again

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 determine where we are on that plan and what we can do to update it in terms of vision,

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 goals, policies and actions.

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 Ultimately we have to make sure we have buy-in and account for the input from our citizens

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 and stakeholders.

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 So public outreach plan is part of the scope of work and that again we'll cover in the

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 coming slide or two and ultimately update the comprehensive plan.

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 We are calling this plan the Den Plan 2040.

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 We always want to look out as much as we can.

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 15 to 20 years is the time frame that we normally look at for a comprehensive plan.

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 So what do we want to be or what should we be in 15 to 20 years?

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 So that's what we're shooting for and the expectations with this update is listed here.

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 I won't read all of the items but I just want to focus on three specific items.

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 The community vision statement which is an outline of what again we want to be in 2040

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 as a city.

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 The preferred growth concept map.

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 That is something that we will be evaluating and hopefully delineating areas in the city

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 as we hear from our communities as to where growth should happen.

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 And then last the future language map.

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 You all know this future language map from previous presentations through zoning, through

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 other PD applications and the like.

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 So that also will be evaluated and assessed not obviously not in a bubble.

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 We will obviously be getting input from again stakeholders and other members of the community.

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 This slide here just to illustrate for those that are not familiar with the community vision

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 statement and the comprehensive plan, it is a two pager.

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 It's a lot of information there but it's a very comprehensive, I was trying to think

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 of the word.

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 It talks about the character of the people, the institutions and the government and again

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 where we want to be in 15 to 20 years.

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 The economy is a big part of the city and also growth.

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 Big part of where we want to be is also where we want to grow.

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 So that is also covered in the community vision statement.

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 And again I won't read all of it but I just want to illustrate that this particular page

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 or pages will be revised and reviewed to reflect what our vision is as of today.

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 The other two items that I referenced in the earlier slide is the future language map that

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 you see there but also the preferred growth concept.

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 Those that are not familiar with the preferred growth concept is what you see here is where

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 in this city we would like growth to occur or like for it to happen in the next 15 to

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 20 years.

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 So in 2014, 2015, this was the direction, the direction was to focus in our corridors,

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 our centers and primarily in the core of the city.

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 So you see the areas in red are centers, the areas along major corridors are obviously

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 those are the corridor areas and then the yellow is just the areas surrounding those

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 areas as they blend in, that is the area typically we would like development to occur.

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 You see that we also identify ropes and ranch, there's parts of the coal hunter ranch area

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 and then also the airport area is also highlighted in that preferred growth concept.

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 So I think we're doing a good job as far as identifying and looking and seeing where development

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 is occurring and it matches to a certain degree of what we have shown here.

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 I know that again we're going to be talking a little bit more in this presentation to

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 the area to the north.

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 So that's also identified in this preferred growth concept map.

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 Really quickly this is the public outreach plan that we plan on using or have been using

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 to gather input and feedback on the update.

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 The website I would like to specifically mention is obviously has written here on on on PowerPoint

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 presentation cityofden.com/den2040.

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 In this website you will find everything you need to know about the comprehensive plan

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 update.

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 There are a number of exercises and just to highlight one specifically is this map exercise

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 where citizens residents anyone can go on to again cityofden.com/den2040 and using the

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 map identifying the area where there's opportunity where you would like to see opportunity happen

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 as well as issues and you can click on any of these buttons here and when you click one

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 of them you can click on the map and it'll transfer that information onto the map and

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 you can actually enter comments on what you're talking about as far as any opportunities

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 as far as issues that you want to see addressed.

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 So I think that's a helpful tool it gives not only the staff and other people also an

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 idea of where other individuals see opportunities are and issues are in the city.

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 So this is a really cool way of getting information and I encourage anyone that's listening to

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 visit and again the cityofden.com/den2040 web page.

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 Christopher Beck.

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 Thank you chair.

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 Just real quick and leave the slide up to what extent are we advertising this I know

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 we are Ryan Adams and everybody I'm sure is advertising the heck out of this but because

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 I agree with you this is a great tool and I think a lot of questions that people send

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 to me would be at least in terms of feedback would be answered if more people were aware

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 of this so yeah we you know on our website you know our general website we have posted

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 the link we also send email bus to members that we have collected email addresses for.

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 We worked with the DRC Dan Recher Chronicle to spread the word as well and through presentations

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 such as this I've made this presentation is not only to obviously this commission but

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 to other boards and commissions so hopefully we're getting the word out and of course anyone

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 on this commission too if you would like please encourage other members of the community to

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 again visit the site and not only enter their input but also learn about what comprehensive

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 plan what the comprehensive plan is and how they can help shape that plan for the next

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 15 to 20 years.

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 Thanks Rob I appreciate it.

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 As I mentioned earlier we started this back in February we entered phase two with the

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 community meeting it was all virtual we did get over a hundred and I want to say 140 participants

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 in total with community workshop number one we are planning community workshop number

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 two it will also be virtual it will be in May we again encourage people to look for

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 that information the details of that workshop on the website that will include a number

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 of charrettes and again more exercises to gather input from the community.

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 We hope that in the next coming months we are allowed or able to meet in person so we

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 are looking at potentially having an in-person event but until then we are not planning for

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 that yet but when we are allowed to plan for it we will do so because we understand that

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 not everyone is able to go on Zoom or prefer not to not necessarily prefer but would rather

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 be in person and participate so again as soon as we're able to we will make sure that we

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 have an in-person event to again gather the input that we need in order to update the

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 plan.

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 We will have a public open house in August work sessions in September and then ultimately

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 October will be our public hearings of which will include the planning zoning commission

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 for you all to make a recommendation to the City Council so again October of this year

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 is the time frame and timeline of when we hope to get this plan updated and approved

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 by City Council.

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 So with that before I go we go on to the next part of this presentation just any other questions

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 about the update in the schedule or anything that you'd like to ask.

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 I do not see any questions Ron.

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 Okay.

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 Oh and let's go to Commissioner Pernod do you have any okay great you're good Ron.

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 I'm going to share the screen again.

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 So I know when we mentioned earlier that we are here to talk about small year plan as

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 well chapter 10 which is the implementation in monitoring chapter or element of the plan

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 has a section of it that talks about small year planning or small year plans and it lists

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 the following reasons or opportunities for small year planning.

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 A lot of it is also mentioned throughout the conference plan in terms of goals policies

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 and actions so in the end of this if this comprehensive plan it talks about what and

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 how things are done to have a small year plan started and hopefully completed so I think

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 you all know and I'm just going to read this for the viewing public a small year plan what

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 it is used for it is it responds to local challenges but also opportunities in terms

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 of developing and redeveloping in an area and enhancing an area obviously an example

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 would be the downtown master plan would be an example of what we would like to do in

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 order to see the opportunities and enhance the area as much as we can also providing

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 opportunities for the community members and stakeholders to provide input so it's not

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 only a staff driven or staff drafted there's a lot of input in public outreach effort in

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 order to get the plan prepared and I've got some examples of some small year plans and

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 I can share with you all how we got input from the community throughout that process.

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 It applies to principles of the comprehensive plan like I said earlier the comprehensive

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 plan has several areas of the other elements that talk about small year plans so in order

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 to achieve those policies and those goals implement those goals and take action we want

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 to be consistent with the comprehensive plan and part of that you see here on the screen

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 is what is shown as center of focus areas quarter focus areas those ultimately are potential

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 small area plan areas so we've identified a number of areas through that process earlier

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 again back in 2015 and those that you see here that are centers or corridors are again

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 potential areas for small year plan and just to kind of highlight a little bit the area

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 that we were talking about or have been talking about in the past couple of months highway

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 77 and I-35 you do see some of those focus centers and gateway focus areas as well in

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 that general vicinity. Lastly is to create a public support for implementation actions

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 I think this comes back to the commission's discussion and potential recommendations for

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 small year planning you all recognize that this area that we're referring to could be

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 helped with a small year plan and again that last bullet talks specifically about that.

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 Small area planning process I won't read all of this other than just highlighted the bolded

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 areas obviously we need to establish an area you know once you establish an area you start

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 to define the boundaries talk about who's going to be involved how you involve steering

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 committee members or other stakeholders then you then you begin the vision of and understanding

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 the existing conditions of that area ultimately the plan gives you gives the reader an idea

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 of what this area should be and should be developed as. Of course you need to have some

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 sort of illustration of what that area is going to look like and that's through a plan

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 development plan development is essentially a conceptual development that shows what you

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 know where land uses are and what uses are permitted in those areas intensity density

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 all of that is covered under the plan development and then ultimately the small plan is adopted

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 after recommendation from the planning zoning commission and once it's adopted the implementation

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 begins. Part of a small area plan is just that it's a plan it doesn't really have per

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 se any right requirements or standards that falls under what we call a zoning overlay

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 district and that is one that is incorporated into the development code so those overlay

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 districts are typically what follows after a small area plan and again is adopted and

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 included as part of the development code. And this talks a little bit more this slide

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 here talks a little bit more about the zoning overlay district it's a little bit more closer

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 to the ground as far as what developers what residents and property owners need to know

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 in terms of what is allowed in that particular area.

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 Chris you're back. Could you oh could you put the slides back

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 up and go back to the previous slide please sure. This slide here yeah perfect. I had

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 a lot of that's real clear and we do that a lot but I think for myself and maybe for

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 the public what's what's the triggering mechanism for step one? I mean obviously like here in

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 planning and zoning we were recommending that we need to do this but is that enough of a

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 trigger to start step one or does council need to trigger that or what's what's the

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 actual trigger to start the steps? I think the trigger is really the communication

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 that y'all provided. Obviously we do have a lot of things that we are tasked to do but

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 the initial you know recommendation or suggestion is really I think the first step. Once we

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 have that we can certainly plan and prioritize how that fits in with our workload because

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 ultimately it's going to be something that we're going to have to start and have done

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 and the commission is really involved in a lot of the development in terms of you know

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 approvals and this and that but the short answer is letting staff know and then the

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 staff will take it to the next level and ultimately include it in our work plan for the year.

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 If we can fit it in then obviously it's going to begin there. I can't say you know if the

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 planning zoning commission says we need to do it and of course it's going to have to

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 be reviewed and identified as a priority and again Julie will be talking a little bit about

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 how we prioritize small area plans. Awesome. Thank you. I appreciate it. That was a long

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 answer to a short question. We have another question with Mr. Pernetta. Yeah and basically

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 this is going to be asking you to make that answer a little bit longer. So say there's

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 like a there's a neighborhood like a community of interest that kind of says you know hey

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 we are there's something unique about us in this area and we'd like to you know have something

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 put in place that preserves something like say something in Southeast Ed and that kind

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 of thing. What would be like the process for like this group? Would they just come to the

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 city and talk to staff and then that starts a process with us or is how would one initiate

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 this without it being staff or say us going. This seems like something before you do it.

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 Yeah yeah Commissioner Pernetta I got a great example. You know last year when we were doing

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 the city initiated rezoning we looked at the Ranch Estates area and as part of that discussion

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 you know we went through the process you know actually we worked with them on the rezoning

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 of their entire development or entire community that is and from that discussion the community

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 goes hey we would like to know more about what we can do to protect our neighborhood

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 and one of the responses I provided them was a small area plan. You know telling people

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 this is what you know this area is and it adds that other layer of review or understanding

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 of what you know an area should be developed as and so they brought it back to me and they're

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 working with me now and wanting to put together a small area plan and again you know either

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 through the commission through citizens you know I think bringing it up bringing it up

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 to staff and ultimately Richard and Scott obviously and ultimately also Sarah are going

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 to decide on you know if you know if this is something we need to do and we'll take

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 it ultimately forward through the planning zoning commission and city council for for

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 your buy-in and start the process. Richard if I if I can just add something really

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 quick I think if it's something that that the commission wants to do or wants to make

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 that sort of formal recommendation and Mack and I were just talking it probably should

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 be in a formal agenda item that's prepared and so whether that wants to be discussed

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 as part of the work session if there's consensus or even after now might even be the appropriate

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 time as part of that work session staff can prepare a simple item for the next the next

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 meeting if if the commission so desires to make that a formal recommendation to city

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 council for the small area plan for a specific area.

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 Mr. Beck thank you you mean generically so if if we had an idea we would float that here

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 and propose that for the matrix or something like that or specifically like for this region

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 we were talking about at the 35 gateway correct so if if the commission as a group felt felt

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 strongly that there really needs to be a small area plan developed for this area then we

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 should have a formal agenda item prepared so that then that recommendation can be made

291
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 to council and then we can fully assess whether that's something we do in-house hire outside

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 to to get that done but I think it is within your purview to make that formal to make that

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 formal recommendation okay so I guess I guess again just just to be pedantic are we saying

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 that as part of any work session or or just to put it on the matrix and bring it up at

295
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 the next agenda or I mean how would you like this isn't me trying to lead this is trying

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 to get you to leave I think I think I think if it's related to the item we're discussing

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 now at the work session certainly it can be brought up if it comes up you know a month

298
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 from now or two months from now I think that's something that can be discussed at as part

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 of the matrix so sorry if I wasn't clear it could be brought up at either time given that

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 we're talking about it today if there is that desire I think it's definitely you have that

301
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 ability to at least bring it up as part of the discussion awesome thank you Ron I think

302
00:28:24,800 --> 00:28:35,320
 back to you okay

303
00:28:35,320 --> 00:28:41,200
 so again you know smaller plan is really the first step and you can establish the vision

304
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 the goals a little bit more refined more closer to the ground than I say a comprehensive plan

305
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 after a smaller plan you're looking at a overlay zoning district as part of that next step

306
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 in terms of getting established you know zone regulations and standards as we discussed

307
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 earlier so the next couple slides is to talk about some of the smaller plans that we have

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 in the city currently this is one of the first ones that that I'm aware of again the fry

309
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 street smaller plan was adopted in 1999 and this was during the process or doing the same

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 time as the previous conference plan was being prepared but I mentioned 1999 because I know

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 that in the car in the smaller your plan there were discussions about or the purpose of why

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 this was created and maybe back to some of the questions asked earlier this area as you

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 all know the fry street area at the time was seeing some some changes there were also some

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 some issues in terms of crime and debris and so the the folks that were involved or specifically

315
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 with this recommendation to do a smaller plan were residents you know were business owners

316
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 were just general stakeholders of this area and wanted to see something more than what

317
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 was there today or then at the time so in in return after a smaller plan was adopted

318
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 the overlay district was also adopted in 2000 so again that first step is a smaller plan

319
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 the second step is the overlay district and currently we have the small area plan I'm

320
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 sorry the overlay district in den development code as part of chapter four of the ddc so

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 this is just an example of one of the smaller plans now this is obviously was done in 1999

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 in there has been updates to it and we'll get that in the next slide or two another

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 area a smaller plan area that is was for the denia neighborhood almost the same time as

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 the fry street the denia neighborhood also wanted to address some of the concerns I see

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 a question okay mr prunetta yeah and I'm pretty sure I know the answer on this one

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 already but you know you mentioned the fry street plan and everything and we had a gateway

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 that kind of overlapped some of that about a year or two ago when we have a small area

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00:31:25,560 --> 00:31:30,560
 plan affecting you know areas like that and I'm particularly thinking of you know like

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 the neighborhoods that are between unt and 35 you know just a little bit west of you

330
00:31:36,640 --> 00:31:44,320
 know mccormick and things does this in any way protect residents from the ever-expanding

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 eminent domain type situations or are we still at the mercy of whatever unt wants to acquire

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 at that point regardless of our intentions the second part the second part all right

333
00:31:56,440 --> 00:32:04,600
 just just wanted to get that on there okay okay yes and we'll get into the old gateway

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 I think it's the next slide after this so um similar to the smaller plan for the fry

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 street the folks in the denia neighborhood and I know that they still have the same concerns

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 and issues today we meet with them we used to meet them once with them once a month to

337
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 go over what kind of issues and concerns they have and I know that when they started this

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 or when they were thinking of a smaller plan they were wanting to protect their neighborhood

339
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 from the development that were happening in the city and they wanted to keep it as a neighborhood

340
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 as there is today as much as possible in one of the goals for the denia neighborhood was

341
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 to limit commercial development within the boundaries of this this smaller plan so that's

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 a big goal a big strategy in this effort now the small area plan like I said earlier is

343
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 just the first step in in the effort in making sure that things happen um an overlay district

344
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 uh would make it stronger because that is something that's adopted and included in the

345
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 development code uh for now the small area plan only informs uh the the development in

346
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 terms of what the goal vision in in want for this area ultimately um an overlay district

347
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 or the zoning districts within this area would need to be the more more protective effort

348
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 in meeting those goals um and visions for the denia neighborhood commissioner beck thank

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 you chair uh ron I'm super glad you brought that up no no put that back up okay I keep

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 telling everyone I want to be sure we see you um I guess I guess my question was like

351
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 in the southeast corner you know um that that's the the wooded region that has been of somewhat

352
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 contentious development lately and so I think you said this in your last point at the end

353
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 of that this slides discussion but I mean to to actually have um made changes to that

354
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 to the water tower wooded region for that upland habitat region it would have required

355
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 not just a small area plan which this area already has but would have required that those

356
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 additional steps you were talking about to to actually change the code so that that development

357
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 of that wooden region would not have been consistent with with those changes is that

358
00:34:50,200 --> 00:34:56,160
 correct that's correct um either either as an overall requirement or standard that would

359
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 apply citywide or an overlay district which again would be more specific to this area

360
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 that would have added uh regulations or added standards um so again think of it as um you

361
00:35:11,600 --> 00:35:16,840
 know in the code like what's what's in the development code um we can have it in general

362
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 terms as as far as in the um sections throughout the code or we can have it as far as an overall

363
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 as part of an overlay district um that's in chapter four of the development code more

364
00:35:28,640 --> 00:35:37,480
 specific okay thanks thanks for confirming that I appreciate it okay ron no more questions

365
00:35:37,480 --> 00:35:44,400
 okay um so here's the um the smaller plan um that we were discussing earlier as far

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 as the oh gateway and and I've obviously there's a reason for why we started this and at the

367
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 time when we started this there was a lot of activity there's still a lot of activity

368
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 around the university and we um particularly we're looking at the the fry street area but

369
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 also um mainly north of oak street uh long oak and hickory uh at at the time we also

370
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 then looked at other areas around the university knowing that the same issues and concerns

371
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 were affecting those areas so you can see north of the university is where you know

372
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 we have our historic districts where we have a lot of the contentious you know zoning cases

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 that that we've been dealing with in recent years but we also know that the issues that

374
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 they're dealing with is also evident in the area west of the university uh the owsley

375
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 park area you know with parking with redevelopment so we expanded our boundaries to include this

376
00:36:46,680 --> 00:36:52,960
 area we also know that it's also happening on the south side of the university in terms

377
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 of parking again in the housing there is some some really nice enclaves here that we found

378
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 and we certainly want to see if we can protect them as much as possible and then also on

379
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 the east side so what i guess what i'm saying is the area that we were focusing on initially

380
00:37:11,160 --> 00:37:18,280
 was the area to the north of campus but that area expanded to to reflect more of what was

381
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 going on around the university and this small year plan i mentioned earlier was well um

382
00:37:27,080 --> 00:37:33,380
 involved did involve a lot of community input there was a stakeholder or steering committee

383
00:37:33,380 --> 00:37:40,680
 that is and uh two members of the commission were part of this effort and they can attest

384
00:37:40,680 --> 00:37:46,160
 that there was a lot of uh input received and there's a lot of discussion ultimately

385
00:37:46,160 --> 00:37:53,800
 uh we have a plan a gateway area plan that has a lot of goals a lot of strategies a lot

386
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 of actions and some of those actions have been already implemented parking for example

387
00:38:01,080 --> 00:38:07,040
 we started with painting you know parking spaces along some of those streets lighting

388
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 and sidewalks soon followed so there's still a lot of work that needs to be put in here

389
00:38:14,280 --> 00:38:22,240
 we were also looking at looking at the overlay district for the fry street there is a recommendation

390
00:38:22,240 --> 00:38:28,680
 in this plan to expand and refine that overlay district but again that's something that we

391
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 will be doing sometime in the future so you can see i think it was commissioner prunetta

392
00:38:34,160 --> 00:38:41,280
 you mentioned that it overlaps the fry street over overlay and in smart plan it does and

393
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 the hope was to um ultimately replace the fry street area plan with the old gateway

394
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 plan and also look at revising the fry street overlay district again to help again expand

395
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 that area and focus on where the issues are in addressing them through that uh new or

396
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 expanded overlay district

397
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 so the next slide here uh kind of going back to our discussion with the comprehensive plan

398
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 and we're gonna begin to talk about how our efforts with the comprehensive plan is going

399
00:39:20,200 --> 00:39:26,420
 to help inform and educate where the next smaller plans are going to be in the near

400
00:39:26,420 --> 00:39:35,200
 future the comprehensive plan as you all know is a very high level area and this map right

401
00:39:35,200 --> 00:39:41,360
 here that shows the future land use map you can see that the areas surrounding the universities

402
00:39:41,360 --> 00:39:50,600
 both unt and tw you see some blue hatching marks those are the areas for what we call

403
00:39:50,600 --> 00:39:59,280
 as compatibility areas and those are potentially areas for a smaller plan the old gateway which

404
00:39:59,280 --> 00:40:06,560
 we talked about recently involved or included that area that's hatched you see here so that

405
00:40:06,560 --> 00:40:14,400
 was a result of our future land use map in our comprehensive plan back in 2015 that informed

406
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 and said hey we need to look at this area and we need to develop a smaller plan and

407
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 it's it's referred to as the neighborhood university compatibility area and so that's

408
00:40:25,320 --> 00:40:31,600
 all we did we worked on that around the downtown which is obviously shown here in this more

409
00:40:31,600 --> 00:40:38,920
 mauve or maroon color there are brown hatching marks are hatched areas and these areas also

410
00:40:38,920 --> 00:40:46,160
 are potential for smaller plans in the future as you know the downtown grows as some of

411
00:40:46,160 --> 00:40:53,720
 the areas here needs help in enhancement or protection a smaller plan is a potential tool

412
00:40:53,720 --> 00:40:58,520
 that can help in that effort and then lastly centers and corridors we already touched on

413
00:40:58,520 --> 00:41:04,480
 this in previous slides these areas that we've identified as centers or corridors are also

414
00:41:04,480 --> 00:41:12,880
 potential smaller plans and in respect of where they are but also what activity is happening

415
00:41:12,880 --> 00:41:20,200
 in those areas development activities which kind of brings us to our next slide this map

416
00:41:20,200 --> 00:41:26,880
 here shows our what we call a heat map of where development has occurred in the last

417
00:41:26,880 --> 00:41:36,120
 five to six years 2015 is as far back as our GIS analyst Cody Yates went back as far as

418
00:41:36,120 --> 00:41:45,160
 mapping out where in the city has development occurred in terms of platting zoning cases

419
00:41:45,160 --> 00:41:51,680
 you know pd's every application was identified and mapped and put on on this heat map and

420
00:41:51,680 --> 00:41:57,840
 you can see that a lot of that activity has occurred partly in the downtown area south

421
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 of you know the downtown the university which we talked about razor range has a lot of activity

422
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 here obviously there's a lot of development new development occurring we also see parts

423
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 of the area just south of loop 288 by the med park area the hospital area and then McKinney

424
00:42:19,880 --> 00:42:30,040
 and the loop now the loop and us 380 and then also to the north of town and that's again

425
00:42:30,040 --> 00:42:36,880
 why we're here today is the commission wanted to see what we can do as far as identifying

426
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 but also potentially looking at a smaller plan to the north of town so we don't see

427
00:42:41,360 --> 00:42:47,200
 a whole lot happening in this area but there is still activity so this this kind of gives

428
00:42:47,200 --> 00:42:57,960
 you a more general idea where in the city we see activity and that is a I guess a identifier

429
00:42:57,960 --> 00:43:02,920
 for smart plan is development pressures and opportunities where is it happening in the

430
00:43:02,920 --> 00:43:09,720
 city so I kind of skipped over this list the comp plan update we talked about the changes

431
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 in land use that we have going on throughout the city the development pressure that you

432
00:43:15,000 --> 00:43:19,760
 see in this heat map and then the infrastructure needs that's that's also important and identifying

433
00:43:19,760 --> 00:43:26,560
 where there should be smaller plans again to address some of those capacity issues and

434
00:43:26,560 --> 00:43:31,560
 then lastly you know community interest and partnership and going back to Commissioner

435
00:43:31,560 --> 00:43:35,760
 Beck and Commissioner Hernandez comments you know you know the community is going to be

436
00:43:35,760 --> 00:43:41,280
 a big player in this effort and we want to certainly address any areas in the city that

437
00:43:41,280 --> 00:43:48,120
 they feel needs to be addressed so again all of these factors play into how we want to

438
00:43:48,120 --> 00:43:55,200
 prioritize the next smaller plan for the future so with that I'm going to turn this presentation

439
00:43:55,200 --> 00:44:01,440
 over to Julie Wyatt and she's going to talk a bit more about the area north of the loop

440
00:44:01,440 --> 00:44:19,820
 and highway 77 thanks Ron hello evening Julie good evening let me get my stuff set up okay

441
00:44:19,820 --> 00:44:24,600
 so you've been talking about comprehensive planning and the small area plan and now we

442
00:44:24,600 --> 00:44:28,640
 thought we would bring it back to the place that started the whole conversation about

443
00:44:28,640 --> 00:44:34,280
 small area planning and that is that North Denton area so in the last few months you've

444
00:44:34,280 --> 00:44:39,760
 seen a few cases come before you in this in this area and and especially you can kind

445
00:44:39,760 --> 00:44:47,880
 of see on that heat map that it might not be bright red at at highway 77 and I-35 but

446
00:44:47,880 --> 00:44:53,560
 it is certainly seems to be marching in that direction so that's why we're we've been talking

447
00:44:53,560 --> 00:44:59,560
 about it and I'm sure we'll continue to talk about it even without those developments though

448
00:44:59,560 --> 00:45:07,040
 that area is kind of slated to change and part of it is is related to mobility I-35

449
00:45:07,040 --> 00:45:15,760
 will expand in upcoming years as part of that the Barthol road will it will be expanded

450
00:45:15,760 --> 00:45:23,640
 and it will be straightened out west of 35 and then loop 288 is is slated in the future

451
00:45:23,640 --> 00:45:30,360
 to to extend toward the west and then eventually loop down and connect the south part of Denton

452
00:45:30,360 --> 00:45:36,120
 so there will be a lot of mobility changes a lot of changes in this area and it's certainly

453
00:45:36,120 --> 00:45:44,200
 something that the comprehensive plan looks at in terms of gateways and focus areas and

454
00:45:44,200 --> 00:45:47,880
 you can see that these this is a sampling of those projects that you've seen you haven't

455
00:45:47,880 --> 00:45:54,600
 seen all of these but some of them have come before you there there was the the PD request

456
00:45:54,600 --> 00:46:01,520
 at loop 288 and highway 77 you've seen other zoning cases along I-35 as you're probably

457
00:46:01,520 --> 00:46:06,520
 aware the high school is under construction near this area as well as other residential

458
00:46:06,520 --> 00:46:11,920
 projects so we're really seeing a lot of a lot of mix of uses so not only residential

459
00:46:11,920 --> 00:46:17,440
 but also employment uses and institutional uses so there's a there's um it is coming

460
00:46:17,440 --> 00:46:23,680
 in that direction so how does that relate to the comprehensive plan and the future for

461
00:46:23,680 --> 00:46:28,840
 the area as as we've talked about before the comprehensive plan is the umbrella it is it

462
00:46:28,840 --> 00:46:35,960
 is the overarching policy document that really sort of drives the vision for an area but

463
00:46:35,960 --> 00:46:40,360
 then right under that are embedded within that we also have these focus areas so we

464
00:46:40,360 --> 00:46:47,560
 have that gateway area at highway 77 and 35 there's also that center focus area at loop

465
00:46:47,560 --> 00:46:53,320
 288 and 35 that's going to become a lot more prominent especially as i as loop 288 extends

466
00:46:53,320 --> 00:46:59,400
 to the west so those are those focus areas are embedded within this business innovation

467
00:46:59,400 --> 00:47:06,760
 that really dominates this north part of town and then and then underneath that as that

468
00:47:06,760 --> 00:47:12,200
 small area planning effort moves forward that kind of goes underneath that umbrella so those

469
00:47:12,200 --> 00:47:18,360
 are those policy documents that then regulate specific areas within that overarching future

470
00:47:18,360 --> 00:47:24,360
 land use designation so there could be specifics small area plans for a variety of areas within

471
00:47:24,360 --> 00:47:32,040
 an overall area within an overall business innovation general area and then finally the

472
00:47:32,040 --> 00:47:38,200
 zoning map that we all know is on your screen and that really is that really is that regulatory

473
00:47:38,200 --> 00:47:44,360
 document that's that's what's on the ground that really defines what permitted uses and

474
00:47:44,360 --> 00:47:49,480
 development scale could go in an area and and those those those comprehensive planning

475
00:47:49,480 --> 00:47:56,200
 small planning efforts those are what inform that zoning and and that's how we make those

476
00:47:56,200 --> 00:48:04,200
 decisions and that's how we'll continue to make decisions for for this area so in terms

477
00:48:04,200 --> 00:48:08,760
 of next steps for for north denton so first of all we've got the comprehensive plan update

478
00:48:08,760 --> 00:48:14,280
 that is moving forward and and as part of that we'll be looking at that future land use map

479
00:48:14,280 --> 00:48:19,000
 as well as those focus areas and those flight future land use designations and what those mean

480
00:48:20,120 --> 00:48:26,840
 we'll look at inconsistencies with our zoning to see where we can make sure that we're consistent

481
00:48:26,840 --> 00:48:32,040
 we're consistent not only with what's on the ground but what our vision for for an area is

482
00:48:32,040 --> 00:48:41,480
 and how the city wants to realize our goals and then mobility a plan updates there is an update

483
00:48:41,480 --> 00:48:45,720
 for the mobility plan that's kind of running in parallel fashion to the comprehensive plan

484
00:48:46,280 --> 00:48:51,400
 and and you know as as ron said those public facilities are a really big part of those those

485
00:48:51,400 --> 00:48:57,800
 planning efforts and so those those mobility plan updates really are going lockstep with that

486
00:48:57,800 --> 00:49:05,000
 comprehensive planning effort also just looking i think as richard said about about how how we

487
00:49:05,000 --> 00:49:10,840
 want to move forward with any small area planning efforts and then how we refine those boundaries of

488
00:49:10,840 --> 00:49:17,640
 those areas what are the limits of those of those small area plans are they are they centered along

489
00:49:17,640 --> 00:49:24,360
 corridors are they looking at those those those focus areas those sort of circular areas within

490
00:49:24,360 --> 00:49:29,560
 within the comprehensive plan or we're just looking at where those pressure areas are

491
00:49:29,560 --> 00:49:36,360
 and then and then you know we have to look we're not in a in a bubble we we do have other

492
00:49:37,000 --> 00:49:45,160
 other entities that can impact our our planning efforts tech stop plans those those those those

493
00:49:45,160 --> 00:49:50,520
 roadway improvements are going to impact those those properties and we want to make sure that we

494
00:49:50,520 --> 00:49:56,360
 take that into consideration and then we we just track our ongoing development applications and

495
00:49:56,360 --> 00:50:04,280
 requests within the development process we have we have several stages that a development can

496
00:50:04,280 --> 00:50:09,400
 developer typically goes through and it starts with something called a pre-application and so

497
00:50:09,400 --> 00:50:15,400
 you know we can kind of start seeing where areas are emerging or areas of pressure emerging with

498
00:50:15,400 --> 00:50:20,120
 kind of where those pre-applications are coming from and then the dynamic city and it's kind of

499
00:50:20,120 --> 00:50:27,160
 just everywhere is growing but we we do get some hints at what's to come so just continuing to

500
00:50:27,160 --> 00:50:31,560
 track those applications and requests to see where that pressure is coming from

501
00:50:33,000 --> 00:50:36,440
 and that concludes our presentation and I'll be happy to answer any questions

502
00:50:36,440 --> 00:50:44,680
 uh yes here's your back thank you chair Julie um so in that North Denton region

503
00:50:44,680 --> 00:50:51,480
 I feel like maybe you can help me understand how we how we maneuver this choppy seas there's a

504
00:50:51,480 --> 00:51:00,120
 little bit of a catch 22 we have existing 2030 plan that's being revised into the 2040 plan we

505
00:51:00,120 --> 00:51:07,160
 have existing zoning and and sort of goals for the region but we sort of all said well this area

506
00:51:07,160 --> 00:51:16,360
 isn't quite aligning with maybe what would be a greater vision um that and and yet we may or may

507
00:51:16,360 --> 00:51:23,480
 not have to allow certain developments to come in because that's up to the property owners what to

508
00:51:23,480 --> 00:51:29,960
 some degree what goes in there uh who's interested in the region and so how do we get around the catch

509
00:51:29,960 --> 00:51:36,280
 22 of say having a particular vision that's more conducive to one kind of development

510
00:51:36,280 --> 00:51:47,800
 and but existing on the ground uh circumstances that may be allowing more or or promoting more

511
00:51:47,800 --> 00:51:52,760
 other kinds of development while we're in the process of revising the plan it feels like if

512
00:51:52,760 --> 00:52:03,400
 we don't put a small area plan concept in early then then the you know it's it's the 2040 plan

513
00:52:03,400 --> 00:52:10,200
 would have to be it would have to include these concepts of a small area plan but yet the it has

514
00:52:10,200 --> 00:52:15,960
 to be guided by the 2040 plan too so it's a little catch 22 I guess is my question so what's what's

515
00:52:15,960 --> 00:52:21,160
 the best path forward for something like that so let me make sure I understand your question um is

516
00:52:21,160 --> 00:52:27,000
 your question related to if if the planning and zoning commission recommended to kind of

517
00:52:27,000 --> 00:52:36,520
 pursue a small area plan in this area um is the question of the timing of that versus the

518
00:52:36,520 --> 00:52:41,880
 comprehensive plan yeah that that you're you're going in the right direction I I guess my concern

519
00:52:41,880 --> 00:52:49,480
 was you know we're in the process of updating the 2040 plan and and and but if we don't have the I

520
00:52:49,480 --> 00:52:57,320
 the elements of a small area plan placed in the 2040 plan may not be conducive to a small area

521
00:52:57,320 --> 00:53:07,000
 plan so the timing is the exact question I guess yes yeah if I can just add I think a lot of it

522
00:53:07,000 --> 00:53:12,120
 starts with the with the with the comp plan and land use plan um I think even if you think back

523
00:53:12,120 --> 00:53:17,960
 to some of the discussions we've had both on the one project in this area and and others as it

524
00:53:17,960 --> 00:53:24,440
 related to that business innovation land use category it's pretty broad in in how it's defined

525
00:53:24,440 --> 00:53:30,680
 and so I think part of it is defining that whether we define it better come up with a new category

526
00:53:30,680 --> 00:53:35,000
 but at least have those broad policy goals of of what we want and and really if you kind of go back

527
00:53:35,000 --> 00:53:40,280
 to that the first part of of the presentation that the the intent is really of that small area plan

528
00:53:40,280 --> 00:53:45,320
 to grow out of the out of the future land use and so it's kind of sets those broad those broad uses

529
00:53:45,320 --> 00:53:51,000
 those broad policy goals and then the the smaller plane kind of digs in a little bit deeper um and

530
00:53:51,000 --> 00:53:55,000
 so I think that's that's kind of that that first broad brush everything should be consistent with

531
00:53:55,000 --> 00:54:03,960
 the comp plan okay all right I'll cogitate on that thanks guys uh commissioner pronetta

532
00:54:03,960 --> 00:54:12,680
 so you know as long as we're discussing that particular area oh what is the criteria for

533
00:54:12,680 --> 00:54:17,400
 determining the time to establish a small area plan because in most of the ones that we've seen

534
00:54:17,400 --> 00:54:24,200
 before there are kind of established communities and basically you know their their neighborhoods

535
00:54:24,200 --> 00:54:29,000
 that initiated you know whether it's the gateway whether it was fry street you know wanting to

536
00:54:29,000 --> 00:54:34,840
 protect fry street you know denia when we have an area like we're looking at you know in that right

537
00:54:34,840 --> 00:54:39,960
 net right now we don't really have a lot there it can go in any direction it can it can be houses

538
00:54:39,960 --> 00:54:47,400
 in the future or uh you know it could be more industrial it could be be anything um what is

539
00:54:47,400 --> 00:54:54,440
 the process for or or is there a criteria for for going we should put something in now when we

540
00:54:54,440 --> 00:54:59,960
 haven't really an idea of what it would naturally wind up leaning towards and and how do we find

541
00:54:59,960 --> 00:55:06,280
 who the stakeholders are in something where we don't really have people who are um completely

542
00:55:06,280 --> 00:55:13,080
 invested in maintaining a particular character of an area does that make sense it it does and

543
00:55:13,080 --> 00:55:18,040
 i think what's what's unique about this area even though it's there's you know essentially not much

544
00:55:18,040 --> 00:55:25,960
 there um you do have essentially two mpcs that are there um so kind of think hunter and coal ranch

545
00:55:25,960 --> 00:55:32,200
 um we've got you know on a little bit of a smaller scale um but almost a you know a huge segment of

546
00:55:32,200 --> 00:55:39,080
 this area at least on the north side of the loop um it's kind of already pre-planned um i don't

547
00:55:39,080 --> 00:55:43,880
 know that they're they're looking to abandon that that mpc maybe some amendments in in the future

548
00:55:43,880 --> 00:55:52,360
 similar to what we did again some of these mpcs are a you know a 2007 version of the 2002 ddc

549
00:55:52,360 --> 00:55:57,960
 and so there's probably some benefit to to uh to change those but that's kind of that and i think

550
00:55:57,960 --> 00:56:02,600
 that's where that property owner was was you know in opposition they they have this vision

551
00:56:02,600 --> 00:56:07,240
 i mean granted they've held that property for for a long time so whether that vision is still

552
00:56:07,240 --> 00:56:14,200
 still true but they they definitely are a key key player in this um as is text dot you know text

553
00:56:14,200 --> 00:56:19,880
 dot's looking at plans for 380 uh to connect into the loop and and then as you as julie showed the

554
00:56:19,880 --> 00:56:24,600
 loop connecting on down i mean that that will really be in you know an interstate for all

555
00:56:24,600 --> 00:56:30,280
 intense purposes and so while while we talk single family and residential does it make sense to have

556
00:56:30,280 --> 00:56:37,160
 that next to um you know right up up against an interstate or are we looking at some commercial

557
00:56:37,160 --> 00:56:43,880
 activities office um light industrial where again is it the i think the it can run the gamut but i

558
00:56:43,880 --> 00:56:49,400
 think kind of looking at that one kind of the mpc what's already has been in in place for quite a

559
00:56:49,400 --> 00:56:55,560
 while probably isn't going to change anytime soon seeing we're 35 the loop are going uh with with

560
00:56:55,560 --> 00:57:00,760
 respect to expansion and then how we want to grow both from the south side and north south is seems

561
00:57:00,760 --> 00:57:07,000
 to already be taking shape um we've got a new school we've got another pd um that will be coming

562
00:57:07,000 --> 00:57:15,080
 forward uh for sort of a new use um that that we're we're looking at um but it really should

563
00:57:15,080 --> 00:57:20,200
 start with that future land use category and and maybe business innovation is just a little too

564
00:57:20,200 --> 00:57:25,640
 broad uh and and it kind of all all encompassing and and maybe that maybe that's something that

565
00:57:25,640 --> 00:57:30,440
 needs to be refined or or just a different a different category but i think conditions

566
00:57:30,440 --> 00:57:37,320
 east of 35 and west of 35 definitely are two different uh two different scenarios if that helps i hope

567
00:57:42,600 --> 00:57:51,480
 any other questions i do not see any thank you julie and ron for the presentation

568
00:57:51,480 --> 00:57:59,480
 uh next on our agenda item is item 2b receive a report and hold discussion regarding regulations

569
00:57:59,480 --> 00:58:07,640
 and procedures for variances and non-conformities is this you richard or who's taking this one

570
00:58:07,640 --> 00:58:20,520
 this will be hayley got it

571
00:58:30,680 --> 00:58:40,520
 good evening let me get the presentation pulled up here

572
00:58:40,520 --> 00:58:57,880
 here we go sorry about that had to locate the presentation here

573
00:59:01,480 --> 00:59:07,560
 okay there we go

574
00:59:07,560 --> 00:59:14,680
 all right so our second uh work session item for the evening is another uh in our boot camp series

575
00:59:14,680 --> 00:59:21,880
 this one related to variances and non-conformities so we'll briefly just go over the the role of the

576
00:59:21,880 --> 00:59:26,120
 zoning board of adjustment and then discuss variances and non-conformities in turn so that

577
00:59:26,120 --> 00:59:33,640
 you can get a little familiarity with both of those terms so some background on this the the

578
00:59:33,640 --> 00:59:39,000
 root cause of this also dates back to one of our january pnz meetings you may recall there was a

579
00:59:39,000 --> 00:59:44,920
 proposed change to the ddc to modify the setbacks in the r3 district that led to a pretty lengthy

580
00:59:44,920 --> 00:59:49,960
 discussion and as part of that there we noted there were several questions related to what

581
00:59:49,960 --> 00:59:56,040
 non-conformities may have been created with the the 2019 code update as well as whether some of

582
00:59:56,040 --> 01:00:02,200
 those were better handled but through the variance process rather than amending the ddc so we wanted

583
01:00:02,200 --> 01:00:06,360
 to bring these items forward just to have a discussion and make sure you all have some

584
01:00:06,360 --> 01:00:10,200
 background on what both of those items are and and when when they might be appropriate

585
01:00:10,200 --> 01:00:17,400
 so to start the discussion it's important to first look at the board that handles these items and that

586
01:00:17,400 --> 01:00:23,560
 would be our zoning board of adjustment or the zba they are a quasi-judicial body that consists

587
01:00:23,560 --> 01:00:28,600
 of a total of 10 members they have seven regular members and three alternates the need for those

588
01:00:28,600 --> 01:00:33,880
 alternates is because as a quasi-judicial board they have to have 75 percent of their members in

589
01:00:33,880 --> 01:00:38,200
 attendance to hold a meeting so you have to have six out of seven present to have a meeting and

590
01:00:38,200 --> 01:00:42,840
 then also for any of their decisions they have to have an affirmative vote by six out of seven

591
01:00:42,840 --> 01:00:49,480
 members the zba is a very important board because all of their decisions are final appeals of their

592
01:00:49,480 --> 01:00:54,520
 decisions your next step after that is a district court and state law does provide some stipulations

593
01:00:54,520 --> 01:00:59,160
 with respect to the timing of that and how you have to get to district court within 10 days after

594
01:00:59,160 --> 01:01:05,400
 a zba decision for an appeal if you're interested in looking at who those current members are and

595
01:01:05,400 --> 01:01:12,440
 what vacancies we have there is a boards and commissions website on city of dentons home page

596
01:01:12,440 --> 01:01:17,000
 that gives us kind of the details of that what they're how their terms work and who's currently

597
01:01:17,000 --> 01:01:24,200
 serving on that board and which spaces are vacant in general the zba hears four types of requests

598
01:01:24,200 --> 01:01:27,560
 the the most frequent of those would be the variances that we'll look at in a little more

599
01:01:27,560 --> 01:01:33,480
 detail they can hear variances from both the ddc and chapter 33 of our code of ordinances which

600
01:01:33,480 --> 01:01:40,040
 is the sign code they can also hear requests for relief from our gas well setbacks and reverse

601
01:01:40,040 --> 01:01:46,280
 setbacks they can hear appeals of administrative decisions and then finally they can hear requests

602
01:01:46,280 --> 01:01:51,800
 related to non-conformities which we'll also be talking about tonight as i mentioned earlier

603
01:01:51,800 --> 01:01:56,360
 the zba's votes are a little bit different than pnz and council rather than a simple majority

604
01:01:56,360 --> 01:02:02,280
 they do have to have 75 percent concurrence for for something to pass through the zba they do

605
01:02:02,280 --> 01:02:06,600
 typically meet once a month appeals are a little bit different and do require them to hold two

606
01:02:06,600 --> 01:02:12,920
 separate meetings but those are are not heard very often and then just for reference for you all

607
01:02:12,920 --> 01:02:17,560
 there's some information here related to where you can read more about the zba and state law as well

608
01:02:17,560 --> 01:02:25,400
 as the city of dentons ordinances so we'll move now into more specifics about what a variance is

609
01:02:25,400 --> 01:02:32,040
 so a variance is defined in the ddc as any deviation from the specific terms of the code

610
01:02:32,040 --> 01:02:37,320
 that wouldn't be contrary to public interest and that is justified because of special conditions

611
01:02:37,320 --> 01:02:41,640
 where the literal enforcement of the ddc would create a practical difficulty or hardship

612
01:02:41,640 --> 01:02:46,920
 so we'll talk a little bit more in detail about what that what a hardship is and how you can prove

613
01:02:46,920 --> 01:02:52,840
 that when we look at their criteria for approval so variances are only applicable in very unique

614
01:02:52,840 --> 01:02:58,120
 circumstances there has to be something physically associated with the property that prevents it from

615
01:02:58,120 --> 01:03:04,520
 being developed or used in a way that similarly situated properties could be used a variance

616
01:03:04,520 --> 01:03:10,360
 explicitly cannot be used for allowing a use where one wouldn't be permitted that would require a

617
01:03:10,360 --> 01:03:15,480
 zoning action or a specific use permit or something of that nature it cannot be used to alleviate

618
01:03:15,480 --> 01:03:20,680
 inconveniences or financial burdens so there's a very high bar that you have to meet in order

619
01:03:20,680 --> 01:03:26,920
 to qualify to even request a variance and in general pretty much every other option should

620
01:03:26,920 --> 01:03:32,120
 be exhausted before you go the route of a variance so that includes looking at alternative designs

621
01:03:32,120 --> 01:03:37,320
 for the property or alternative uses whether there is the ability for minor modifications

622
01:03:37,320 --> 01:03:43,000
 that could resolve some of the issues that's a new term that was created with the 2019 ddc

623
01:03:43,000 --> 01:03:48,680
 that allows for some staff approval of limited flexibility and things like setbacks and building

624
01:03:48,680 --> 01:03:53,960
 coverage and then finally sometimes the rezoning is the appropriate option rather than a variance

625
01:03:56,120 --> 01:04:00,680
 and that is because like i said there is a very high bar for the zba to be able to approve a

626
01:04:00,680 --> 01:04:05,720
 variance they must find that all of these criteria have been met for them to be able to approve

627
01:04:05,720 --> 01:04:12,680
 something and they do produce a written findings after their decision is made that documents how

628
01:04:12,680 --> 01:04:18,760
 they have reached that decision essentially so those criteria are one like we mentioned earlier

629
01:04:18,760 --> 01:04:22,920
 that there are special circumstances or conditions that are unique to that property that don't apply

630
01:04:22,920 --> 01:04:28,520
 to other properties in the area that would generate the hardship and that would deprive

631
01:04:28,520 --> 01:04:33,320
 the applicant of reasonable use of their property they have to find that the variance wouldn't be

632
01:04:33,320 --> 01:04:38,760
 detrimental to public welfare or injurious to other properties in the area they also have to

633
01:04:38,760 --> 01:04:44,040
 find that what they are approving is the minimum variance needed to accomplish the purpose so they

634
01:04:44,040 --> 01:04:49,000
 can't for example if someone could achieve what they're wanting to do with a five foot reduction

635
01:04:49,000 --> 01:04:52,760
 and set back they couldn't say okay well we'll go ahead and grant you 10 just so you have some

636
01:04:52,760 --> 01:04:58,600
 flexibility they would have to stick with that minimum and then finally the the last criteria

637
01:04:58,600 --> 01:05:03,000
 are that they would have to find that the strict application of the code would create an unnecessary

638
01:05:03,000 --> 01:05:09,080
 hardship that is inconsistent with the intent of the ddc and that the variance itself would

639
01:05:09,080 --> 01:05:13,960
 preserve the spirit of the ddc they have to find that the variance isn't solely for the purpose of

640
01:05:13,960 --> 01:05:18,360
 mitigating financial hardships and then it did not the need for the variance didn't result from the

641
01:05:18,360 --> 01:05:23,480
 owner's actions so we'll look at a couple of examples to kind of help you see how that how

642
01:05:23,480 --> 01:05:28,600
 that works in practice both of these examples that we'll look at are very recent cases that have

643
01:05:28,600 --> 01:05:34,520
 gone to zba this one is is kind of the typical variance request that i'd say we see in a lot of

644
01:05:34,520 --> 01:05:40,280
 the older parts of denton where we have these very narrow lots this subdivision was plotted in

645
01:05:40,280 --> 01:05:47,960
 the 1920s the lot is only 25 feet wide the property transitioned with our 2019 code to the r4

646
01:05:47,960 --> 01:05:54,200
 district which requires some pretty sizable setbacks so because it's a corner lot the 20

647
01:05:54,200 --> 01:06:00,120
 foot front yard setback was applicable on both street frontages they had a five foot side yard

648
01:06:00,120 --> 01:06:05,160
 requirement for the interior side of the property and then a 10 foot setback in the rear so no matter

649
01:06:05,160 --> 01:06:09,800
 which way the owner oriented a home on this lot essentially the entire width of the lot was

650
01:06:09,800 --> 01:06:14,920
 consumed by those setback requirements so in that case the strict application of those would have

651
01:06:14,920 --> 01:06:20,040
 prevented development of the property in this instance given the very specific plan that they

652
01:06:20,040 --> 01:06:25,320
 brought forward the zba did allow the variances necessary to build just this product so they gave

653
01:06:25,320 --> 01:06:30,040
 them an allowance for a five foot setback on crawford street and a two and a half foot setback

654
01:06:30,040 --> 01:06:35,240
 on their interior side to allow development of a home that was similar in size to what's in the area

655
01:06:35,240 --> 01:06:43,480
 in this instance that actually the very same night at zba they heard both of these cases

656
01:06:43,480 --> 01:06:47,800
 this was a case where they found that it was the property owner's actions that generated the need

657
01:06:47,800 --> 01:06:51,560
 and that it was not something unique to the property so this request was actually denied

658
01:06:51,560 --> 01:06:57,800
 in this case the property owner built a an accessory structure without seeking a permit

659
01:06:57,800 --> 01:07:03,320
 they located it two feet from their rear property line their pd required a minimum of three feet

660
01:07:03,320 --> 01:07:08,680
 setback from the property line so when they went to zba to seek that variance their request was

661
01:07:08,680 --> 01:07:13,640
 denied so they will have to modify or relocate the structure if they wish to keep it on their

662
01:07:13,640 --> 01:07:19,000
 property and the zba did that because they couldn't find that it meant all of their criteria

663
01:07:19,000 --> 01:07:23,240
 there was no unique feature of the property that generated the need for the reduction

664
01:07:23,240 --> 01:07:28,840
 that three foot setback versus a two foot would not have deprived them of the use of their property

665
01:07:28,840 --> 01:07:33,160
 or from putting an accessory structure and it was the owner's actions that generated the need for

666
01:07:33,160 --> 01:07:40,760
 the variance so in this case that request was denied and then the last thing related to variances

667
01:07:40,760 --> 01:07:46,120
 that i wanted to to bring to your attention some of you may recall that prior to the 2019

668
01:07:46,120 --> 01:07:51,880
 development code we did have a separate process for subdivision variances so things related to

669
01:07:51,880 --> 01:07:56,680
 driveways roadway standards and then our subdivision standards under the 02 code

670
01:07:56,680 --> 01:08:01,080
 would have come to the planning and zoning commission that is a process that's still

671
01:08:01,080 --> 01:08:05,560
 referenced in our transportation criteria manual so we do have some some inconsistency there that

672
01:08:05,560 --> 01:08:12,520
 we'll be looking to clean up but currently the 2019 code would strictly state that those

673
01:08:12,520 --> 01:08:18,120
 variances would go to zba which is not appropriate given the link to the platting process that's

674
01:08:18,120 --> 01:08:22,280
 created by the local government code so this is something that staff will be bringing to our

675
01:08:22,280 --> 01:08:26,600
 development code review committee to clean up and and you all will soon be seeing that subdivision

676
01:08:26,600 --> 01:08:31,560
 variance process hopefully being something that would come back under your purview

677
01:08:31,560 --> 01:08:37,160
 and i will pause here and see if we have any questions on variances before we

678
01:08:37,160 --> 01:08:39,320
 go to those last few slides about non-conformities

679
01:08:39,320 --> 01:08:48,360
 that doesn't look like it all right i know this is a riveting topic so hang with me just a few

680
01:08:48,360 --> 01:08:55,960
 more minutes and we'll get through the rest of this and move on with our agenda so non-conformities

681
01:08:55,960 --> 01:09:00,280
 again being a function of the zba is something that they would make decisions related to

682
01:09:00,280 --> 01:09:04,760
 so just briefly wanted to go over what these are and the types that our code defines

683
01:09:04,760 --> 01:09:10,120
 so non-conformities are things that were legally established under previous regulations so under a

684
01:09:10,120 --> 01:09:15,400
 prior development code perhaps that are no longer consistent with our current zoning standards

685
01:09:15,400 --> 01:09:21,080
 we do have some very general standards for non-conformities that allow them to continue

686
01:09:21,080 --> 01:09:26,440
 in their current state but those standards are written in a way that discourages the long-term

687
01:09:26,440 --> 01:09:32,200
 continuation or further reinvestment into those properties with the non-conformity with the goal

688
01:09:32,200 --> 01:09:36,280
 of eventually eliminating non-conformities over time to preserve the integrity of our zoning

689
01:09:36,280 --> 01:09:43,000
 ordinances and these these regulations are all found in section 1.5 of the dbc and i wanted to

690
01:09:43,000 --> 01:09:48,280
 point out that with the 2019 code there was intentionally an exception written in for existing

691
01:09:48,280 --> 01:09:53,800
 single-family duplex and townhome dwellings and lots so if those were legally existing

692
01:09:53,800 --> 01:09:59,400
 before 2019 they were not made non-conforming so we do have that protection for single-family uses

693
01:09:59,400 --> 01:10:04,120
 structures and lots that allows them to be considered lawful and not non-conforming

694
01:10:04,120 --> 01:10:11,320
 so generally speaking non-conformities like i said you can continue to use and occupy those

695
01:10:11,320 --> 01:10:16,440
 with some limitations that again is intended to discourage further investment into those properties

696
01:10:17,320 --> 01:10:21,000
 minor maintenance and repairs are permitted so you can do things like bring it up to the current

697
01:10:21,000 --> 01:10:26,680
 building code standards if there's a safety issue if you need to restripe your parking lot basic

698
01:10:26,680 --> 01:10:31,320
 routine maintenance and repair can be done but you can't expand to the degree of non-conformity with

699
01:10:31,320 --> 01:10:37,800
 it with your actions if a non-conforming use or structure is discontinued so it's not used for a

700
01:10:37,800 --> 01:10:43,160
 year or more and and there are some provisions that allow for you know making attempts to sell

701
01:10:43,160 --> 01:10:47,880
 a property or things like that that could extend that but generally speaking after that one year

702
01:10:47,880 --> 01:10:52,600
 the non-conforming rights would cease and further use or development of that property would be

703
01:10:52,600 --> 01:10:57,880
 required to come into compliance with our current standards and there are also provisions that would

704
01:10:57,880 --> 01:11:01,960
 allow council to initiate amortization of those non-conforming uses and structures

705
01:11:01,960 --> 01:11:08,920
 so if council decided to do that and and over time phase out non-conformities in a part of the city

706
01:11:08,920 --> 01:11:13,800
 the zba would then be responsible for setting a plan for how to compensate those properties

707
01:11:13,800 --> 01:11:20,840
 and how to establish the termination dates for those uses the code just briefly i'll go through

708
01:11:20,840 --> 01:11:25,320
 these does define several types of non-conformities that are all handled a little differently

709
01:11:25,320 --> 01:11:30,200
 non-conforming uses of course would be a land use that no longer conforms to the ddc

710
01:11:30,200 --> 01:11:35,400
 so it may have been permitted under a previous zoning and now it's not those uses may not be

711
01:11:35,400 --> 01:11:40,760
 expanded into new structures within a property so you can extend expand the use within its existing

712
01:11:40,760 --> 01:11:45,800
 structure but not to other structures and there are allowances for a non-conforming use to be

713
01:11:45,800 --> 01:11:49,480
 changed to a different use that may also be non-conforming that would have been permitted

714
01:11:49,480 --> 01:11:54,040
 under that previous zoning but that's less intensive or would have less impacts if that is

715
01:11:54,040 --> 01:12:00,680
 done then you cannot go back to the more intensive non-conforming use after the fact non-conforming

716
01:12:00,680 --> 01:12:05,320
 structures are exactly what they sound like it's a structure that was legal at the time but now it

717
01:12:05,320 --> 01:12:10,520
 it doesn't conform to something such as setbacks or building coverage if those structures are

718
01:12:10,520 --> 01:12:15,560
 destroyed by natural causes and that damage is to less than 50 then the property owner could rebuild

719
01:12:15,560 --> 01:12:21,480
 it to that original condition if that damage is to more than 50 or if it's voluntarily demolished

720
01:12:21,480 --> 01:12:27,400
 then that non-conforming structure cannot be rebuilt and then finally we also define a

721
01:12:27,400 --> 01:12:31,800
 non-conforming lot and non-conforming site features these are exactly what they sound like

722
01:12:31,800 --> 01:12:37,320
 a non-conforming lot is one that no longer meets the dimensions of our zoning those lots can be

723
01:12:37,320 --> 01:12:42,280
 built upon as long as all the other zoning provisions could be met so if setbacks and

724
01:12:42,280 --> 01:12:46,360
 lot coverage could be met or building coverage then that lot could be used even though it is

725
01:12:46,360 --> 01:12:53,000
 non-conforming a non-conforming site feature is something like driveways or landscaping parking

726
01:12:53,000 --> 01:12:59,400
 perhaps these things can continue as they are on the property but if the owner seeks to do expansions

727
01:12:59,400 --> 01:13:03,320
 or additions on the lot then they would have to bring those into compliance with the current code

728
01:13:03,320 --> 01:13:09,080
 and then finally wanted to touch on how non-conformities are eliminated

729
01:13:09,080 --> 01:13:15,880
 as we mentioned earlier the council could choose to initiate amortization procedures through the zba

730
01:13:15,880 --> 01:13:22,520
 alternatively a property owner could modify their non-conformity to come into compliance with the

731
01:13:22,520 --> 01:13:27,880
 code to make their site legally conforming or if it's more severe and that can be easily

732
01:13:27,880 --> 01:13:33,400
 accomplished then rezoning would probably be the best method to do so and just wanted to show you

733
01:13:33,400 --> 01:13:38,200
 some recent examples of things where we've we've seen this done the texas health resource campus

734
01:13:38,200 --> 01:13:42,760
 was a recent case that came before you all in the council and was approved that rezoned this site to

735
01:13:42,760 --> 01:13:47,400
 a plan development because the overall campus was non-conforming to our current parking standards

736
01:13:47,400 --> 01:13:52,680
 and landscaping standards the through the pd process they proposed some some new standards

737
01:13:52,680 --> 01:13:56,840
 suitable to their site that would allow them to continue to use it and have the site be deemed

738
01:13:56,840 --> 01:14:03,800
 legal and then a couple of years ago some of you may remember this one just an example of how

739
01:14:03,800 --> 01:14:09,400
 some of those smaller lots the variance process may not always be appropriate in this case this

740
01:14:09,400 --> 01:14:13,960
 lot on prairie street was very similar to what we looked at before it was too small for a structure

741
01:14:13,960 --> 01:14:18,680
 to be built on but when you looked at the zoning map you saw that perhaps there was an error in

742
01:14:18,680 --> 01:14:23,400
 assigning that zoning this was the only lot in its subdivision zoned nr2 as opposed to nr4

743
01:14:24,040 --> 01:14:29,640
 so they elected to go through the zoning process and change that to r4 and some overlay conditions

744
01:14:29,640 --> 01:14:33,320
 were applied that that resulted in it now being shown as pd r4 on our map

745
01:14:33,320 --> 01:14:39,560
 and that is all i have for you this evening on those topics i will pull down

746
01:14:39,560 --> 01:14:45,240
 the presentation and happy to answer any questions you may have thanks hailey for the presentation

747
01:14:45,240 --> 01:14:46,280
 uh commissioner beck

748
01:14:48,600 --> 01:14:59,000
 so thanks chair um hailey what um some some properties have the in the 2019 uh conversion

749
01:14:59,000 --> 01:15:07,240
 were declared no not legally non-conforming or or whatever the language you used the double

750
01:15:07,240 --> 01:15:16,760
 negative i i didn't get it exactly correct but um do we have an idea of how many legally conforming

751
01:15:16,760 --> 01:15:26,120
 but in actuality non-conforming properties that we have i don't know that that exact analysis has

752
01:15:26,120 --> 01:15:30,440
 been done um i'm gonna see if richard had any thoughts on that i don't think we've done that

753
01:15:30,440 --> 01:15:35,000
 analysis i believe the number for single family was going to be pretty substantial though because

754
01:15:35,000 --> 01:15:40,040
 some of those setback changes and us switching from a density-based code to a one that relies

755
01:15:40,040 --> 01:15:46,200
 on lot dimensions um so because of that that provision was added to to prevent a large number

756
01:15:46,200 --> 01:15:52,600
 of single family homeowners from having non-conforming property but i don't have that

757
01:15:52,600 --> 01:15:57,320
 number on that that may be something probably take our gis wizards a little bit of time to

758
01:15:57,320 --> 01:16:03,320
 do but i'm sure they could come up with a number there i i was just curious if we had sort of an

759
01:16:03,320 --> 01:16:10,200
 idea of the sort of amount of gray area that was that's out there i mean legally it's not gray i'm

760
01:16:10,200 --> 01:16:17,400
 not trying to say there's any issues with what we did i'm just curious how when you say something is

761
01:16:17,400 --> 01:16:24,920
 this is the definition of something but not in this case you you create sort of a conundrum

762
01:16:24,920 --> 01:16:29,160
 sometimes and so you know i'm not saying we did anything wrong or anything i'm just saying

763
01:16:29,160 --> 01:16:37,640
 i'm curious what that level is you know two percent five percent you know 25 i i just sort

764
01:16:37,640 --> 01:16:45,960
 of what's the kind of rough ballpark magnitude of that transition and if you don't know that's fine

765
01:16:45,960 --> 01:16:50,520
 look into uh related to lot size no no no it's i don't think it's important enough to ask you to

766
01:16:50,520 --> 01:16:56,200
 go to any effort i was just curious okay any other questions for hayley

767
01:16:56,200 --> 01:17:00,520
 i do not see any thank you hayley for the presentation

768
01:17:00,520 --> 01:17:07,160
 now looking at the time i think we have a little bit uh just enough time to get

769
01:17:07,160 --> 01:17:12,040
 uh the actual agenda and it's pretty short this evening uh the first thing that we have if we

770
01:17:12,040 --> 01:17:18,040
 continue on with the agenda is our regular meeting items starting with uh minutes is there any notes

771
01:17:18,040 --> 01:17:28,040
 on the april 7 minutes okay seeing none i'm just checking real fast with richard the agenda is is as

772
01:17:28,040 --> 01:17:36,360
 is um item 4a is just being pulled right no action taken no action needed uh but consent and item

773
01:17:36,360 --> 01:17:43,080
 4b are good right yes sir great let's just hop into that real fast there's two items for consent

774
01:17:43,080 --> 01:17:46,280
 i'll invite hayley back up real fast to go over 3a

775
01:17:46,280 --> 01:18:01,880
 all right good evening this is a final plat for phase one of the sagebrook edition which you all

776
01:18:01,880 --> 01:18:06,920
 may remember from a recent plan development request that came before you so this is a

777
01:18:06,920 --> 01:18:12,760
 single-family subdivision located on the south side of all red road just on the west side of

778
01:18:12,760 --> 01:18:17,160
 the railroad tracks in fort worth drive and then as you can see on the plat there will be that

779
01:18:17,160 --> 01:18:21,880
 future extension of brush creek road on the south side of the property staff is recommending

780
01:18:21,880 --> 01:18:27,240
 approval of this phase one final plat as it meets all the established requirements i'm happy to answer

781
01:18:27,240 --> 01:18:35,480
 any questions great any questions on this plot for hayley i do not see any i appreciate hayley

782
01:18:35,480 --> 01:18:44,760
 the next is item 3b pp 20-26c and this is carina maldenato's item is she good evening can you hear

783
01:18:44,760 --> 01:18:51,960
 me yep we can all right um good evening carina maldenato assistant planner um this request is

784
01:18:51,960 --> 01:18:59,960
 for a preliminary plat um for six commercial lots located on the northeast corner of mckinney and

785
01:18:59,960 --> 01:19:07,400
 loop 288 um if you can remember this was brought back in december of last year um was recommended

786
01:19:07,400 --> 01:19:14,120
 for denial due to um outstanding issues with tree preservation um and then just you know some

787
01:19:14,120 --> 01:19:21,240
 formatting related to drainage and um right away dedication all those items have been addressed

788
01:19:21,240 --> 01:19:27,080
 so staff is now recommending approval of this item and i can answer any questions related

789
01:19:27,080 --> 01:19:34,360
 thanks carina i do not see any questions give it a second yep no questions on this i appreciate

790
01:19:34,360 --> 01:19:47,320
 your presentation and then uh lastly for our work session we have item four right 4b dca 21-0002

791
01:19:47,320 --> 01:19:54,360
 and this is looks like richards item good evening and i don't have a presentation for this um it's

792
01:19:54,360 --> 01:20:00,440
 pretty straightforward um if you recall uh the 2002 ddc did not allow preliminary plats in the

793
01:20:00,440 --> 01:20:06,520
 etj um this is part of a we're recommending we kind of go back to that um we've had some some

794
01:20:06,520 --> 01:20:11,240
 challenges uh at least with one subdivision potentially some others that are are kind of

795
01:20:11,240 --> 01:20:16,120
 floating out there haven't formally submitted uh part of the concern were sort of a two-phase

796
01:20:16,120 --> 01:20:21,640
 approach to this um one we're working through an update of the ila to address certain standards

797
01:20:21,640 --> 01:20:28,440
 given our inability to annex these properties um we used to have the authority in the in the ddc

798
01:20:28,440 --> 01:20:32,920
 at least to annex property that we were extending water and sore particularly if it was adjacent to

799
01:20:32,920 --> 01:20:38,680
 our municipality we could no longer do that um in addition there's a differing of difference of

800
01:20:38,680 --> 01:20:45,800
 opinion between uh the city and the county with respect to uh roadway standards um and again these

801
01:20:45,800 --> 01:20:51,640
 are all um contained within within the inner local so we're trying to button that up uh and and

802
01:20:51,640 --> 01:20:57,400
 really uh the county does not want to own or maintain uh roads with curb and gutter uh they

803
01:20:57,400 --> 01:21:03,400
 want to maintain their their rural uh standard um and where where it's caused a real issue for us

804
01:21:03,400 --> 01:21:09,960
 is some of these larger subdivisions that have multi-phases um obviously the likelihood of them

805
01:21:09,960 --> 01:21:15,400
 you know putting all of the infrastructure for a 500 or 600 unit a single-family subdivision is

806
01:21:15,400 --> 01:21:21,160
 is is probably slim to none um and so that's where we're seeing this this phased approach

807
01:21:21,160 --> 01:21:26,120
 through a a preliminary plat and so what we're trying to do is one just eliminate the ability

808
01:21:26,120 --> 01:21:32,360
 to do that uh preliminary plat um so if you do want to build it still wouldn't prohibit it but

809
01:21:32,360 --> 01:21:40,440
 you would have to put all that infrastructure in um at at in in one in one phase um but we will have

810
01:21:40,440 --> 01:21:45,800
 an updated inner local um moving forward here in the next probably month month and a half

811
01:21:45,800 --> 01:21:51,560
 and then look to bring that back to the county for for consideration and then formal adoption

812
01:21:51,560 --> 01:21:58,600
 and the intent really is to um for those properties in the etj uh use the county rural standard

813
01:21:58,600 --> 01:22:04,600
 so if you want to use the city standard um curb and gutter and and take advantage of those um

814
01:22:05,400 --> 01:22:10,520
 opportunities then really uh the best bet would be to annex into that voluntarily annex into the

815
01:22:10,520 --> 01:22:20,760
 city that's kind of it in a nutshell uh chris you're back so you know we're looking at like

816
01:22:20,760 --> 01:22:26,040
 basically to get the interlocals finalized you know maybe by the end of the summer

817
01:22:26,040 --> 01:22:33,960
 so the only sort of gray areas that might crop up is developments between now and when that happens

818
01:22:34,920 --> 01:22:42,040
 is that correct correct and and we've had some that are very small uh in the etj um where it's

819
01:22:42,040 --> 01:22:48,120
 it's the typical you know what we typically used to see in the etj um you know one acre lots um

820
01:22:48,120 --> 01:22:53,800
 where they might have you know we have a lot of one acre lots in our southern area of the etj

821
01:22:53,800 --> 01:23:00,120
 that's actually served by argyle water and so they they typically want to maintain that rural

822
01:23:00,120 --> 01:23:05,320
 standard they don't want sidewalks um they're usually an acre acre and a half wooded lot um

823
01:23:05,320 --> 01:23:09,560
 with septic and so they it's really hasn't been an issue where it's been an issue is

824
01:23:09,560 --> 01:23:16,040
 where we've had uh development particularly off a long road um that's a continuation of a subdivision

825
01:23:16,040 --> 01:23:22,200
 and completely adjacent to the city um that um we can no longer require annexation so they're

826
01:23:22,200 --> 01:23:28,680
 they're developing it um to um you know whatever standard they essentially they they want they have

827
01:23:28,680 --> 01:23:33,640
 to meet our roadway standards because of the um the code but that's where it's an issue with

828
01:23:33,640 --> 01:23:38,760
 denton county where um whether or not the county actually it's it's a sort of a two-prong approach

829
01:23:38,760 --> 01:23:44,280
 one is the actual dedication of the right-of-way uh and then the other is once those uh improvements

830
01:23:44,280 --> 01:23:49,960
 are done there's a formal acceptance um so whether or not the county actually formally accepts those

831
01:23:49,960 --> 01:23:55,960
 is is another it is really the big concern because if they don't um then the question comes in who

832
01:23:55,960 --> 01:24:01,960
 who's going to own and maintain those and really the concern is uh in 10 years from now uh the

833
01:24:01,960 --> 01:24:07,960
 likelihood of of those residents um petitioning to annex the city into the city i would assume

834
01:24:07,960 --> 01:24:15,400
 would be pretty high um and our concern is then if if we would have to annex that land um it would

835
01:24:15,400 --> 01:24:20,600
 put us put the city at a serious uh financial burden especially if there's repairs that would

836
01:24:20,600 --> 01:24:25,400
 need to be made immediately to those roads so just to follow up real briefly because i know

837
01:24:25,400 --> 01:24:32,840
 other people have questions um our only recourse in that case is is to what essentially request

838
01:24:32,840 --> 01:24:39,960
 nicely to the county to please not allow something that is going to hurt us in 10 years well it and

839
01:24:39,960 --> 01:24:43,960
 it's it that's where it's the challenge because it's it's under our you know it's under our

840
01:24:43,960 --> 01:24:49,640
 authority because it's our etj division one um there's just a differing uh sort of opinion on

841
01:24:49,640 --> 01:24:56,200
 on the standard um and uh you know again the county does not want to want to maintain

842
01:24:56,200 --> 01:25:03,320
 those those concrete roads with with curb and gutter and so it again it hasn't been an issue

843
01:25:03,320 --> 01:25:08,840
 until this this last year and and kind of i think what what that unintended consequence of of having

844
01:25:08,840 --> 01:25:15,320
 an option to do preliminary plat is is what was ended up being the result of this so um what we

845
01:25:15,320 --> 01:25:20,760
 want to do is just eliminate that ability um right now and then uh sort of the second phase

846
01:25:20,760 --> 01:25:29,400
 of that is to to change the standard through the ila thanks commissioner prunetta um yeah and just

847
01:25:29,400 --> 01:25:35,800
 kind of like a put a focus on on what we're talking about i think it was last year we had

848
01:25:35,800 --> 01:25:39,240
 something that was uh i think somewhere around stewart road or something like that where there

849
01:25:39,240 --> 01:25:43,480
 was a division subdivision coming up and their their streets were narrow and i think they were

850
01:25:43,480 --> 01:25:50,920
 like kind of asphalt or something like that and we we didn't really have any leeway any say over

851
01:25:50,920 --> 01:25:55,240
 it my understanding is that it was most likely they're going to annex right after they're done

852
01:25:55,240 --> 01:25:58,920
 and these are going to be streets that we're going that are we're going to wind up having to

853
01:25:58,920 --> 01:26:03,640
 pave for pretty quickly because they're not sturdy enough to handle what we normally accept

854
01:26:03,640 --> 01:26:09,240
 this is to address that type of situation right it's hoping to address it where where you you

855
01:26:09,240 --> 01:26:14,280
 wouldn't have that phase that phase development plan which we typically see with the preliminary

856
01:26:14,280 --> 01:26:21,480
 plat because they i i have not seen a subdivision go in you know five six hundred units in in one

857
01:26:21,480 --> 01:26:25,640
 phase they're typically even a three or four hundred but they're usually a hundred hundred

858
01:26:25,640 --> 01:26:31,320
 units per phase maybe a little less maybe a little more um and then it's sort of just you know smaller

859
01:26:31,320 --> 01:26:36,520
 bites at the apple as they develop that infrastructure sell those lots and then and then begin the begin

860
01:26:36,520 --> 01:26:42,600
 the second phase so what we're really attempting to do is stop that ability to do these phased

861
01:26:42,600 --> 01:26:44,680
 phased developments within the etj

862
01:26:44,680 --> 01:26:53,640
 christer alice thank you chair richard with your first example that you gave that is has not been

863
01:26:53,640 --> 01:27:01,320
 a problem so that one acre plus lot served by argyle water where does this leave a situation like

864
01:27:01,320 --> 01:27:10,120
 that those never come in for preliminary plat um they those those properties um i want to because

865
01:27:10,120 --> 01:27:16,440
 again that preliminary plat is optional and so uh that one for example went straight to um they had

866
01:27:16,440 --> 01:27:21,400
 their construction engineering plans and and they wanted to have those approved and then uh final

867
01:27:21,400 --> 01:27:29,160
 plat it um and in fact most i would say the majority at least you know two years ago a good

868
01:27:29,160 --> 01:27:34,600
 portion of the plats that we did review in the etj were primarily minor plats which are which are

869
01:27:34,600 --> 01:27:40,040
 done at an administrative level where they they didn't exceed four you know four lots um sort of

870
01:27:40,040 --> 01:27:45,800
 the outlier would be those maybe eight lot ten lot developments but again um they weren't it really

871
01:27:45,800 --> 01:27:50,520
 wouldn't affect them because i don't know any that have ever there's no benefit for them to

872
01:27:50,520 --> 01:27:55,560
 preliminary plat a lot of them are our custom home builders to begin with and so they just want to

873
01:27:55,560 --> 01:28:03,800
 establish that those lot boundaries and um work with that custom builder so is the goal to revoke

874
01:28:03,800 --> 01:28:11,720
 this down the road once the inner local is done or for i would think it would just stay stay in

875
01:28:11,720 --> 01:28:17,320
 place um just just to have as another again we keep getting you know every two years limitations

876
01:28:17,320 --> 01:28:22,760
 in what what we can and we can't do um but again it's sort of you know somewhat of a protection

877
01:28:22,760 --> 01:28:28,120
 measure looking long term so we're not we're not stuck holding the bag unfortunately um with some

878
01:28:28,120 --> 01:28:33,400
 of these subdivisions that you know once they're built and gone they're that that's it um now you

879
01:28:33,400 --> 01:28:39,800
 have homeowners to contend with um but it also is a strain because you know those 911 calls are going

880
01:28:39,800 --> 01:28:44,760
 to come in and it's going to be a strain on our our police and fire as well or we're not getting

881
01:28:44,760 --> 01:28:52,760
 those those tax revenues from that from those subdivisions thanks thanks christner back

882
01:28:52,760 --> 01:29:00,360
 real briefly this falls on from commissioner elissa's point is there a mechanism to give you

883
01:29:00,360 --> 01:29:07,800
 the benefit that we had a preliminary plats in the future so yes i understand the rationale

884
01:29:07,800 --> 01:29:13,320
 for doing it now um but the bent there is some benefits and that you get some long-range planning

885
01:29:13,320 --> 01:29:19,000
 and you see things coming a little earlier and less shot clocky and other things but well i guess

886
01:29:19,000 --> 01:29:24,360
 that doesn't apply to the etj as much right but anyway um is is there a way to get that benefit

887
01:29:24,360 --> 01:29:32,440
 back in the future if we leave it off now i think really the benefit would be to to if they want to

888
01:29:32,440 --> 01:29:37,480
 you know take advantage of that curb and gutter and and have kind of this the typical urban or

889
01:29:37,480 --> 01:29:42,760
 suburban standard is to really annex into the city at that point we can fully assess it um

890
01:29:43,320 --> 01:29:46,840
 you know there there's a process that's involved through that annexation there's an annexation

891
01:29:46,840 --> 01:29:51,720
 plan that that goes with it uh and then you know if you've noticed then they're going through a

892
01:29:51,720 --> 01:29:58,040
 future land use plan amendment um they're going then for a rezoning typically associated right

893
01:29:58,040 --> 01:30:03,960
 with that and so there's there's public hearings involved and it's just um i think a much better

894
01:30:03,960 --> 01:30:12,280
 process and ability for us to truly truly plan uh accordingly at our um in our etj so we recover

895
01:30:12,280 --> 01:30:16,120
 the benefit through these other mechanisms that makes sense i appreciate it oh thanks

896
01:30:16,120 --> 01:30:20,280
 any other questions for richard on this item

897
01:30:20,280 --> 01:30:29,720
 great seeing none that wraps this up for our work session uh meeting i will close this meeting at

898
01:30:29,720 --> 01:30:35,640
 6 33 and we'll meet back in let's say five minutes what's going to be a short meeting so

899
01:30:35,640 --> 01:30:39,160
 let's take five minutes and be back here and start promptly at 6 38

900
01:30:42,760 --> 01:30:49,080
 uh good evening ladies and gentlemen and welcome to the planning zoning commission meeting for april

901
01:30:49,080 --> 01:30:55,960
 21st 2021 seeing that we do have a quorum i'll call the meeting to order at 6 39 please let the

902
01:30:55,960 --> 01:31:01,800
 record note that commissioner smith is absent this evening the first item of business is to

903
01:31:01,800 --> 01:31:07,320
 uh provide a pledge of allegiance to the u.s and texas flag

904
01:31:10,200 --> 01:31:14,280
 if other commissioners would like to join me you can please unmute yourself i pledge allegiance

905
01:31:14,280 --> 01:31:21,560
 to the flag of the united states of america and to the republic for which it stands one nation

906
01:31:21,560 --> 01:31:30,360
 under god indivisible with liberty and justice for all for all honor honor the texas flag i pledge

907
01:31:30,360 --> 01:31:39,480
 allegiance to the texas one state under god one and indivisible the next item of business is item

908
01:31:39,480 --> 01:31:45,800
 two the consideration of our minutes and i will take a discussion or vote our motion uh commissioner

909
01:31:45,800 --> 01:31:52,360
 alice i move approval uh commissioner anderson second we have a first and a second for approval

910
01:31:52,360 --> 01:31:57,720
 any discussion seeing none i'll call for a vote via roll call just going around my screen we'll

911
01:31:57,720 --> 01:32:04,520
 start with commissioner alice aye commissioner anderson aye commissioner prunetta aye commissioner

912
01:32:04,520 --> 01:32:13,240
 cole aye commissioner beck aye uh chair is awesome and i motion carries six zero the next

913
01:32:13,240 --> 01:32:19,960
 is our consent agenda the chair will take a motion or discussion on it commissioner anderson

914
01:32:19,960 --> 01:32:26,520
 making motion to approve we have a first for approval commissioner prunetta a second we have

915
01:32:26,520 --> 01:32:32,120
 first and a second for approval of the consent agenda any discussion seeing none i'll call for

916
01:32:32,120 --> 01:32:38,840
 a vote via roll call uh commissioner alice aye commissioner anderson uh commissioner prunetta

917
01:32:38,840 --> 01:32:48,280
 aye commissioner cole aye commissioner beck aye chair is also an i motion carries six zero that

918
01:32:48,280 --> 01:32:54,600
 moves us to our public hearings items four item 4a is um being pulled tonight there'll be no action

919
01:32:54,600 --> 01:33:05,080
 taken on item 4a which leaves us with just 4b dca 21-0002 for discussion i will open the public

920
01:33:05,080 --> 01:33:11,240
 hearing and i will turn it over to uh richard canoni for presentation thank you chair uh

921
01:33:11,240 --> 01:33:15,400
 commissioner it's just a brief presentation i don't have a powerpoint prepared for this item

922
01:33:15,400 --> 01:33:22,120
 what we're what staff is proposing uh with this uh city initiated text amendment uh is to eliminate

923
01:33:22,120 --> 01:33:27,960
 the ability to do a preliminary plat in the etj uh you may recall prior to the adoption of the

924
01:33:27,960 --> 01:33:36,440
 2019 ddc uh preliminary plats were um were not allowed in in the etj uh as of as of recent um

925
01:33:36,440 --> 01:33:43,400
 since the adoption of the 2019 ddc and some um inconsistencies with our ila in our local

926
01:33:43,400 --> 01:33:47,880
 cooperation agreement with denton county it's caused some issues with larger subdivisions

927
01:33:47,880 --> 01:33:54,360
 developing on our on uh adjacent to our boundary um and and concerns with with the future of those

928
01:33:54,360 --> 01:33:59,320
 developments uh and and how that right away dedication and acceptance if at all would be

929
01:33:59,320 --> 01:34:04,280
 done by denton county and so what we're attempting to do with this uh amendment is go back to that

930
01:34:04,280 --> 01:34:10,920
 prohibition of of having uh preliminary plats in the etj uh and uh really working towards if someone

931
01:34:10,920 --> 01:34:16,920
 wants to use and take advantage of our of our standards uh then uh annex into the city so that

932
01:34:16,920 --> 01:34:22,360
 we can properly uh plan plan accordingly and with that i'll be happy to answer any questions

933
01:34:22,360 --> 01:34:26,360
 all right is there any questions for richard on this item

934
01:34:26,360 --> 01:34:34,280
 and it doesn't appear that we have any oh commissioner alice thank you chair yeah richard

935
01:34:34,280 --> 01:34:39,400
 just a quick question about you know i know it we can't ask someone to annex into the city

936
01:34:40,360 --> 01:34:49,240
 so if they brought this before us are we asking them to annex into the city or well we we actually

937
01:34:49,240 --> 01:34:53,720
 we don't we don't have a we don't have a prohibition against okay so we can ask we just

938
01:34:53,720 --> 01:34:59,800
 can't do it we we can't there's there it's very hard for us to to involuntarily you know to

939
01:34:59,800 --> 01:35:05,880
 forcibly annex someone but there are many times that that um that's one of the first especially

940
01:35:05,880 --> 01:35:12,120
 at a pre-application meeting um we will ask if they would consider consider annexing in into the

941
01:35:12,120 --> 01:35:18,680
 city um there are some that um you know like sagebrook i think was is is one if you recall

942
01:35:18,680 --> 01:35:27,240
 this is off of between 35 and and um 377 uh they just didn't they wanted to be part of the city and

943
01:35:27,240 --> 01:35:33,960
 and you know they were aware of of this potential issue with with with the acceptance and what right

944
01:35:33,960 --> 01:35:38,360
 away would would be required um but they just thought it would be in the best interest to just

945
01:35:38,360 --> 01:35:42,520
 annex into the city now and and and that's what they did they went through and then obviously

946
01:35:42,520 --> 01:35:49,160
 rezoned and platted the property we had it on on the agenda earlier tonight um but but um no we

947
01:35:49,160 --> 01:35:56,760
 certainly do uh do uh do ask yeah and so by by having this uh in place to where it's prohibited

948
01:35:57,960 --> 01:36:04,360
 in the etj we're hoping it's more of an incentive to or motivation right and then doesn't get us in

949
01:36:04,360 --> 01:36:09,720
 any trouble by saying look you can't do it this way because that's against yeah there's no

950
01:36:09,720 --> 01:36:16,440
 requirement in in the local government code 212 that that requires us to to uh uh have to allow

951
01:36:16,440 --> 01:36:22,360
 a preliminary plight in the etj just defers to the city's rules okay perfect thanks all right

952
01:36:22,360 --> 01:36:28,280
 commissioner beck thank you chair uh richard that that brings up a question commissioner list this

953
01:36:28,280 --> 01:36:37,000
 point brings up a question to me um if somebody comes in with you know 100 homes something that

954
01:36:37,000 --> 01:36:42,520
 would be a phase one but still should actually have the kind of oversight we'd like to have um

955
01:36:42,520 --> 01:36:49,240
 and they're just recalcitrant they don't want they don't want to follow along um

956
01:36:51,000 --> 01:37:00,760
 then i mean is this enough restriction that i mean so the the the sort of language was for

957
01:37:00,760 --> 01:37:06,200
 multi-phase but if they're willing to do it in a single phase that's almost as big as a multi-phase

958
01:37:06,200 --> 01:37:12,520
 um are we going to get into a an ugly thing where we have to let them do it we don't have that

959
01:37:12,520 --> 01:37:19,240
 prohibition i think if somebody wanted to come in and do a single phase you know single phase

960
01:37:19,240 --> 01:37:25,080
 development um during this and again remember this is sort of a two-pronged approach so the first is

961
01:37:25,080 --> 01:37:30,200
 making sure that we kind of just eliminate this now and continue and continue in the future

962
01:37:30,200 --> 01:37:34,280
 but coming right on the heels of this will be that update to the interlocal agreement

963
01:37:34,280 --> 01:37:39,160
 that will have a completely different roadway standard for properties within the etj

964
01:37:39,160 --> 01:37:46,360
 and so there there won't be that huge of a window where if somebody really wanted to come in um it

965
01:37:46,360 --> 01:37:52,920
 it would take some obviously some planning because in order to um apply for before you can get to

966
01:37:52,920 --> 01:37:58,520
 your final plat um you would need to do all your construction engineering plans and there's a lot

967
01:37:58,520 --> 01:38:04,280
 of studies and and your tia your downstream assessment your flood drain all of those those

968
01:38:04,280 --> 01:38:08,680
 studies would need to be a component of those construction engineering plans that typically

969
01:38:08,680 --> 01:38:15,080
 you'll see in between the preliminary plat and and final as those those engineering plans are are

970
01:38:15,080 --> 01:38:19,640
 reviewed and approved and so when it's just that single phase the first step is getting those

971
01:38:19,640 --> 01:38:25,320
 those construction engineering plans and so again that's a big investment for for a large

972
01:38:25,320 --> 01:38:29,800
 development right right off the bat without even having any preliminary plat approval that that

973
01:38:29,800 --> 01:38:36,120
 would essentially vest you for for a certain time period okay not saying it not saying it can't

974
01:38:36,120 --> 01:38:41,080
 happen but i would say the likelihood would be um would not be that the probability would not be

975
01:38:41,080 --> 01:38:47,320
 that high again given that we're going to update the the um interlocal we're in the process of

976
01:38:47,320 --> 01:38:56,600
 updating it now but and so i it just just for clarity they wouldn't be if they brought it in

977
01:38:56,600 --> 01:39:05,080
 before we have that interlocal agreement would that tie our hands the way uh ddc changes tie our

978
01:39:05,080 --> 01:39:09,960
 hands well they they the only the big difference is they just wouldn't be able to to preliminary

979
01:39:09,960 --> 01:39:14,920
 plat they could they can come in with with a a kind of we're rolling it back to where we were

980
01:39:14,920 --> 01:39:22,920
 in 2002 and so the the standards are are the same right now until that interlocal uh is updated um

981
01:39:22,920 --> 01:39:29,080
 this just eliminates eliminates that ability to essentially kind of vest you um with that preliminary

982
01:39:29,080 --> 01:39:38,760
 plat okay thanks any other questions for richard great and we don't have any callers so i'll go

983
01:39:38,760 --> 01:39:43,880
 ahead and close the public hearing and i'll turn it to the commission for a motion

984
01:39:43,880 --> 01:39:53,880
 commissioner ellis i move approval and commissioner prunetta a second the first and second for approval

985
01:39:53,880 --> 01:40:01,480
 as presented uh by staff any discussion seeing none i'll call for a vote via roll call uh

986
01:40:01,480 --> 01:40:08,120
 commissioner ellis aye commissioner anderson aye commissioner prunetta aye commissioner cole

987
01:40:08,760 --> 01:40:17,160
 okay i think i think it was an eye commissioner cole perfect commissioner beck

988
01:40:17,160 --> 01:40:25,080
 hi chair is also an eye motion carries six zero the last item for this evening's agenda is the

989
01:40:25,080 --> 01:40:30,760
 commission project matrix i'll first turn it over to richard for any updates and today's for

990
01:40:30,760 --> 01:40:37,720
 discussion uh thank you um no no real updates we have the two items on there that that again will

991
01:40:37,720 --> 01:40:43,960
 will be moving forward as as we get through the code amendments one item i did want to bring up

992
01:40:43,960 --> 01:40:54,600
 gary packen from parks reached out to me yesterday they have a a presentation as part that they put

993
01:40:54,600 --> 01:41:00,600
 together as part of an ada transition plan analysis as it relates to their parks and trails

994
01:41:00,600 --> 01:41:07,000
 and he asked if that was something that the commission would be interested in in hearing

995
01:41:07,720 --> 01:41:14,120
 at a at a work session and so i thought it could perhaps i think given given the number of trails

996
01:41:14,120 --> 01:41:18,520
 and and parks and integration that we see i thought it could be beneficial but wanted to at least

997
01:41:18,520 --> 01:41:22,440
 bring that up to the commission to see if they were if that's something they would be they would

998
01:41:22,440 --> 01:41:27,800
 be interested in so if that's the case i'll work with gary and and get that on on an upcoming

999
01:41:27,800 --> 01:41:34,280
 work session or upcoming agenda the the only other item i wanted to update everyone on is

1000
01:41:35,320 --> 01:41:40,840
 council action i think the only item that that they did take action last night on was the um

1001
01:41:40,840 --> 01:41:48,360
 actually two items um the the formal action item was the urban logistics alternative esa

1002
01:41:48,360 --> 01:41:54,200
 if you remember that that had that had uh had come through some some timing i want to say maybe in

1003
01:41:54,200 --> 01:42:01,160
 december january um council had asked uh for some additional changes to that and so they did modify

1004
01:42:01,160 --> 01:42:07,880
 that plan they eliminated one of the um drainage drainage ponds and so they were able to have a

1005
01:42:07,880 --> 01:42:13,960
 remove some of that treat area that that was initially planned to be uh cut down um so again

1006
01:42:13,960 --> 01:42:19,880
 it's not necessarily part of their development it's still part of um the adjacent property but

1007
01:42:19,880 --> 01:42:25,080
 at least uh they did get it down to just the one uh one drainage pond so wanted to provide an update

1008
01:42:25,080 --> 01:42:30,520
 on that um the only other item uh and again it's it's a pending pending application so it'll

1009
01:42:30,520 --> 01:42:36,040
 ultimately uh could be in front of you uh in in the near future we're still doing our analysis

1010
01:42:36,040 --> 01:42:42,760
 but i do know you're getting a multitude of of emails uh forwarded to you uh regarding the the

1011
01:42:42,760 --> 01:42:50,040
 hartley field um pd request that that and and future land use amendment and so just wanted to

1012
01:42:50,040 --> 01:42:55,720
 let you know that item was was presented um at least the uh they're also asking for a a public

1013
01:42:55,720 --> 01:43:02,120
 improvement district or a pid and so that item was discussed at last yesterday's afternoon's work

1014
01:43:02,120 --> 01:43:09,160
 session um one just gauging whether or not that's something uh before they it's a pretty uh intense

1015
01:43:09,160 --> 01:43:14,680
 review there's a lot of studies that are associated with it um and so that that work session really

1016
01:43:14,680 --> 01:43:21,160
 was is this something council even wants to consider um and so i while there were essentially four

1017
01:43:21,160 --> 01:43:27,560
 uh members that that i think were okay with moving it along there were there were substantial um what

1018
01:43:27,560 --> 01:43:33,320
 i would call substantial um considerations that that that that development group needs to take

1019
01:43:33,320 --> 01:43:38,520
 into account um especially with respect to lot size and and some retail and some other

1020
01:43:38,520 --> 01:43:45,960
 issues that that were raised and so um i have not heard where where they're at as of as of yesterday

1021
01:43:45,960 --> 01:43:52,760
 but um just wanted to bring that that that pd uh and future land use um will ultimately be

1022
01:43:52,760 --> 01:43:59,400
 be on the agenda for for consideration but i just wanted to kind of let you know the context of of

1023
01:43:59,400 --> 01:44:06,440
 the the multitude of emails that are that are coming your way great thanks richard it seemed

1024
01:44:06,440 --> 01:44:10,920
 like just from nods i think we're in support of having uh gary present to us so let's go ahead

1025
01:44:10,920 --> 01:44:17,560
 and get that scheduled christner back thank you chair um on that last point richard um so

1026
01:44:17,560 --> 01:44:24,600
 one of the things that was brought to my attention and i i wanted to bring it up either for this

1027
01:44:24,600 --> 01:44:29,720
 commission to ask for it to be put on the matrix or or just to get your your two cents on it i

1028
01:44:29,720 --> 01:44:36,360
 guess at the outset and that is uh the denton county greenbelt plan um and the denton county

1029
01:44:36,360 --> 01:44:43,400
 greenbelt plan for this this last item that you just mentioned um which apparently we're signatories

1030
01:44:43,400 --> 01:44:52,120
 on talks about uh a land use preservation of the drainages um which now it feels like

1031
01:44:52,120 --> 01:44:59,160
 the development of those regions would be directly in conflict so i i guess i'm trying to understand

1032
01:44:59,160 --> 01:45:04,360
 what we're limiting ourselves to when we sign on to the denton county greenbelt plan

1033
01:45:05,720 --> 01:45:12,280
 and then how does that impact our decision process as this item that you were mentioning

1034
01:45:12,280 --> 01:45:21,080
 goes forward um it can can you i mean i don't know maybe that's a future work session i'm

1035
01:45:21,080 --> 01:45:28,920
 really the two cents right now but you i'll i'll i'll shut up and yeah i i probably would prefer to

1036
01:45:28,920 --> 01:45:34,600
 to um i don't like to shoot from the hip so i would prefer to to to actually come back and

1037
01:45:34,600 --> 01:45:38,680
 and look at that you know talk through that greenbelt plan and and actually what what it means

1038
01:45:38,680 --> 01:45:44,920
 um if you've ever looked at our our municipal boundary it kind of snakes up um that's how we

1039
01:45:44,920 --> 01:45:51,800
 get to um you know the water plant that we have you know adjacent to adjacent to the lake um and

1040
01:45:51,800 --> 01:45:57,080
 so there's there's a what's interesting is there's there's you know our municipal boundary if you're

1041
01:45:57,080 --> 01:46:03,000
 east of east of the creek or east of the the the stream your etj division one and for whatever

1042
01:46:03,000 --> 01:46:08,280
 reason on on the east side uh it's etj division two and so that's something we're also looking

1043
01:46:08,280 --> 01:46:14,760
 at as part of that interlocal um and and maybe what i will do is actually bring that presentation

1044
01:46:14,760 --> 01:46:18,280
 i know i had talked about it i'll bring that presentation forward because it i think it'll

1045
01:46:18,280 --> 01:46:23,640
 help in kind of the context for with with some of this at least um what we were looking at for for

1046
01:46:23,640 --> 01:46:28,920
 council on some policy considerations and whether or not uh you know what staff looked at is does

1047
01:46:28,920 --> 01:46:33,800
 this just make sense to for all of that area to be part of our etj division one so it's under our

1048
01:46:33,800 --> 01:46:38,600
 purview for platting likelihood of something developing there on that east side probably

1049
01:46:38,600 --> 01:46:44,520
 slim to none but at least it gets us uh some some authority at least over platting and looking at

1050
01:46:44,520 --> 01:46:49,960
 uh sort of the trail network that that parks is working on um through that area but i i will

1051
01:46:49,960 --> 01:46:56,120
 what i'll do is i'll add two items to the matrix one being the greenbelt plan and i'll make sure

1052
01:46:56,120 --> 01:47:01,400
 everyone has a copy of that the second will just be that update to the ila um given that that it does

1053
01:47:01,400 --> 01:47:08,120
 um does does affect does affect pnz ultimately as you're as you're reviewing plats and so

1054
01:47:08,120 --> 01:47:13,800
 i will uh i will get an agenda item uh hopefully for the next meeting i'll try to get that prepared

1055
01:47:13,800 --> 01:47:20,840
 it'll be the same presentation so i'll i'll provide that um in advance so if that's helpful

1056
01:47:21,640 --> 01:47:29,000
 that that'll be helpful i appreciate it christian alice thank you chair richard i'd like to see how

1057
01:47:29,000 --> 01:47:36,520
 we can move forward oh no forward with the small area plan discussion so whether that means it has

1058
01:47:36,520 --> 01:47:41,240
 to go on a future agenda maybe if that's if we need to take a formal action on it or whatever

1059
01:47:41,240 --> 01:47:48,120
 to kind of move forward yeah let me um i'll get together with with mac and we can look at how the

1060
01:47:48,120 --> 01:47:52,920
 best prepare you know whether it's just a general item or if there's if it's for a specific area if

1061
01:47:52,920 --> 01:47:58,680
 there's consensus on that then we can we can prepare prepare an item for consideration

1062
01:47:58,680 --> 01:48:07,320
 michelle is you're kind of choppy do you have any other follow-ups or questions about that

1063
01:48:07,320 --> 01:48:14,760
 okay great um the only thing i have uh richard is while ago we talked about parking minimums downtown

1064
01:48:16,280 --> 01:48:21,400
 and where that was headed or i just wanted to kind of bring back the discussion i don't know

1065
01:48:21,400 --> 01:48:27,720
 if that falls under small area plans or uh just we we talked about it last fall in our winter

1066
01:48:27,720 --> 01:48:33,880
 and i don't know where that conversation fizzled to but can i just bring that back to the forefront

1067
01:48:33,880 --> 01:48:40,920
 to get an update on on where where that is certainly um that will be that will be uh

1068
01:48:41,640 --> 01:48:49,560
 one of the items commissioner anderson's uh that that will be one of the items that will actually

1069
01:48:49,560 --> 01:48:56,600
 be discussed even as part of dcrc um we're looking at the overall just updates to parking um and what

1070
01:48:56,600 --> 01:49:03,960
 i'll i'll have ron um we'll bring ron back again um for a a just a discussion item overall on that

1071
01:49:03,960 --> 01:49:10,520
 but but i what i also wanted to bring up is we do have a special study area or a special meeting if

1072
01:49:10,520 --> 01:49:15,800
 you will um as part of the comp plan update that will focus just on kind of the downtown

1073
01:49:15,800 --> 01:49:21,640
 and so i do know ron has met uh this week with with the boards um within the terse board and

1074
01:49:21,640 --> 01:49:27,720
 and the main street uh association to get some some initial feedback and and uh input so uh we

1075
01:49:27,720 --> 01:49:31,880
 we can share that and then i'll talk to him about preparing an item as part of that that discussion

1076
01:49:31,880 --> 01:49:37,160
 okay great i appreciate it any other things for the matrix to be discussed

1077
01:49:38,760 --> 01:49:45,800
 all right seeing none i will end this meeting at 6 58 thank you everyone thanks bye