May 10, 2016 City Council on 2016-05-10 4:00 PM
May 10, 2016 City Council
Full Transcript
I wanted to welcome everyone to this meeting of the Dent
City Council on Tuesday May 10,
2016.
We do have a quorum and it is 4 p.m.
Our first item on the agenda is a work session report.
Work session 1A is receive a report, hold discussion, give
staff direction about the
historic preservation officer proposed method and timeline
for amending the Denton Development
Code relating to historic preservation.
Before we do that, I just want to make the announcement
that we will be pulling and not
considering public hearing agenda item 3B in the scheduled
5 p.m. council meeting.
So all right.
I'd like to call on Amy Bissett if she would to introduce
the topic of our work session
today.
Thank you, Amy.
Thank you, Mayor and council members.
I am here to introduce Roman McAllen, our new historic
preservation officer.
Many of you have met him at this point in time.
He comes to us from Brownsville and has been with the city
now since mid-February and it
just really hit the ground running and we're excited to be
bringing you this item and I'm
going to let him introduce the topic and walk through his
plans for the coming months.
Thank you, Amy and thank you, Mr. Campbell, for having me
over.
I'm happy to be here.
It's good to see you all.
The purpose of this work session is to present, as you said
, the timeline and method for revisions
to the historic preservation ordinances for the city of
Denton.
A little background, when I interviewed here, as early back
as when I interviewed and since
I've gotten here, I've been tasked with - let me just look
at - read kind of what you have
there in front of you - with updating the current ordin
ances and reviewing them as they
are and considering the whole city as a whole.
I've been biking all over Denton and we have great historic
resources here and great opportunities.
So this is a really important task and this may be brief.
The larger meeting will be in, as you'll see, in probably
late July or August when I come
back to you with the community input and the
recommendations for the ordinance revisions.
But today it's just about the timeline.
This is just a graphic I used here and I think this is
important to note that these vehicles
let you know that this image is about approximately 100
years ago.
You're looking at - this is 2016 and that's 1920.
The Model T hit its heyday so I see kind of a mixture of
vehicles there.
I wanted to let you know that this year - a couple of
things - this May is National Historic
Preservation Month.
I'm not asking for a proclamation but that's what it is.
Next year we'll do a proclamation but it is also the 50th
anniversary of the National
Historic Preservation Act from which all preservation in
the country, all the legal - the ability
to do what we do in preservation comes from that act.
It's also the 100th anniversary of the National Park
Service, by the way.
That's why you see that at the top.
The National Trust for Historic Preservation has a lot
going on.
These are posters you can buy on their website.
I could talk about the significance of preservation but I'm
going to ask you to bear with me.
I have a link here to a 10-minute video from Stephanie Me
eks who's the CEO of the National
Trust for Historic Preservation.
She can do a far better job of telling you why this is
really important.
It's kind of inspiring.
So with your permission I'd like you to - I'd ask you to
just sit back and relax a minute.
I'll find that it's a 10-minute only excerpt from a rather
- a different kind of longer
video.
This was a big ceremony in the National Cathedral in
Washington, D.C. that I was able to attend
last year.
I might need some help on the sound if that doesn't pop up
here.
Let's see.
We should be hearing something.
Oh, that's up.
Anybody know how that sound triggers on back there?
There you go.
Thank you.
We've got a couple speakers set up.
Oh, great.
I'll just say while we're getting this set up, I consider
this an excellent opportunity
to - because it's an opportunity not only to reach out to
all the citizens of Denton,
but especially the inner-city citizens of Denton.
And I think we really need to start looking more hol
istically at the whole city.
Of course, these ordinances need to be revised, but I just
wanted to mention that.
And now let me find that spot.
Okay.
Good.
Let me get this down to 101.10.
Right here.
It was a presentation of preservation awards all across the
country.
And then there's this part.
Just hang on through this talk.
I think you'll - especially the last couple of minutes.
And it's also a special evening for me because my husband
Rob and my sons Bennett and John
- can y'all hear that?
It's their first opportunity as a mother given speech that
isn't about how old.
So, I'm really glad you guys are here.
At the conference this week and all over the next 12 months
, we'll be focused on the future
of preservation.
And I think we'll have one more option.
Well, it's not too bad if we sit back and quiet.
I think we can -
I wanted to take a few minutes tonight to reflect on the
past 50 years of our work.
And then look to the past before we go forward.
And a lot of this change has been a good thing.
I mean, which of these would you rather have?
In a time of enormous upheaval, we've worked to preserve
the connections and the history
that make us who we are.
We've helped protect what's good in our communities and
even the idea of community itself.
And when you take a step back and look at what we've
accomplished, it truly is remarkable.
We don't often get the luxury of reflection in preservation
.
From day to day, we're either deep in the trenches or on to
the next battle.
We all know how fighting to save historic places can be all
-consuming.
And sometimes we can lose our sense of the big picture.
Because we've all known the agony of defeat.
We've all felt the sting of loss.
Those places that we could not save.
But as I said earlier, when you stop and think about it, it
is really amazing how far we have come.
Together we've made an incredible difference over the past
five decades.
Consider the time before the National Preservation Act was
passed.
We may be enjoying reflecting on the era of mad men today.
But in the 1960s, the past was not in vogue.
America looked to the future.
Let's go back to those years.
Civil rights in Vietnam were in the news.
The Astrodome had just opened.
The Beach Boys were feeling good vibrations.
Bob Dylan was plugged in.
Twiggy was the face of 1966.
Everywhere from Southern towns to college campuses to JFK's
Camelot, there was a sense of accelerating change.
A feeling that America was finally experiencing a welcome
liberation from the strictures of the past.
The space race was in full swing.
The launch of Sputnik had galvanized the United States to
focus on the future.
And so Mercury and Gemini were in the news with Apollo soon
to come.
Shows like The Jetsons and Star Trek, which premiered the
same year as the National Historic Preservation Act,
captured the national imagination.
And this embrace of Tomorrowland extended well past Disney.
Interstate construction and suburbanization were in full
flower.
And historic buildings and neighborhoods were under
constant threat of demolition to make way for capital P
progress in the form of more, wider, and faster expressways
and burgeoning sprawl.
In cities, grassroots activists like Jane Jacobs fought
comprehensive urban renewal that replaced vibrant city
blocks with monolithic single use development.
The raising of New York's Penn Station in 1964 to make way
for Madison Square Garden became a potent symbol of loss
that galvanized preservationists all across America to
fight for the historic places that matter in their
communities.
That same year, a small group of preservationists met over
the summer to plan a concerted push for a new federal
preservation law.
They were building on high level discussions that had taken
place a year earlier at a conference at Colonial Williams
burg, a conference very much like this one, co-sponsored by
the National Trust.
Eventually, this group formed the nucleus of a special
committee on historic preservation.
They toured Europe to learn best practices.
They identified potential shepherds of a new preservation
law in Congress.
And ultimately, they contributed to the remarkable volume
with heritage so rich.
As I'm sure many of you know, this evocative and eclectic
1966 book plays a critical role in our preservation story.
The essays, poetry, photography, and policy recommendations
included within this book jumpstarted our movement in its
present incarnation.
It laid the foundation for the signing of the National Hist
oric Preservation Act on October 15, 1966, which officially
enshrined into federal law the values, tools, and benefits
of saving historic places.
That very same day also saw the signing of the Department
of Transportation Act, which included another one of our
fundamental tools, Section 4F.
What ensued thereafter, as Arthur Stewart Brand put it in
his book, How Buildings Learn, was a quiet, populist,
conservative, victorious revolution.
Preservation, one Yale scholar wrote, became the only mass
popular movement to affect critically the course of
architecture in our century.
Writing in 1990, James Marston Fish declared that
preservation is now seen as being in the forefront of urban
regeneration, accomplishing what the urban renewal programs
of 20 and 30 years ago dismally failed to do.
Today, that's more true than ever.
Across the country, 15 million Americans and counting are
now taking action in their communities to save the places
they love.
Preservation now has a seat at the table in discussions of
urban planning, zoning policy, and municipal growth.
We've shown and can empirically verify that instead of
being an obstacle to vibrant and sustainable future,
putting our historic fabric to work for communities is the
key to attaining it.
And we've managed to save a lot of special places along the
way.
Since our journey began in the 1960s, let me borrow a page
from another early 60s icon, Rod Serling.
Let's enter another dimension, a dimension of sound and
sight and mind, the Twilight Zone.
Let's imagine for a moment that we had not come together 50
years ago, and the National Historic Preservation Act and
Section 4(f) had not passed into law.
How would America be different today?
We can start with a neighborhood that was under threat at
the time of the Act, the Vute Corée, the French quarter of
New Orleans.
Today, the quarter is an iconic American landmark, the
biggest tourist destination in the state, attracting more
than 10 million visitors a year.
But at the time, there were plans to build an elevated
riverfront expressway right in front of the waterfront.
This proposed high-ray would have separated the quarter
from the Mississippi River and utterly and irreversibly
destroyed the New Orleans charm and historic character that
brings so many people to that city.
But preservationists spoke out. They organized as the
Louisiana Council for the Vute Corée, and they pushed back.
In one of the very first tests of the Act's Section 106
review, the newly created Advisory Council on Historic Pres
ervation examined the project and recommended against it.
As a result, the Secretary of Transportation ended the
proposed highway project in 1969.
But what if there had been no Preservation Act?
Instead of L'Ezere La Bontan Roule in the French Quarter, I
think there'd be nothing rolling at all, just endless
traffic jams and no tourists.
Or consider Baltimore's Fort McHenry, which inspired
Francis Scott Key to write the Star-Spangled Banner during
the War of 1812.
This national monument and historic shrine was once
threatened by an elevated highway project that would have
hidden the fort from public view.
If there had been no Section 4F, instead of taking in the
place that gave us our national anthem, Americans looking
out over the sweep of Baltimore Harbor would see a bypass.
The answer to "Oh, say, can you see?" would be "No, not
really."
There are literally thousands of other examples in
communities all across America.
Local preservation groups and state historic preservation
officers, the vanguard of our work, have employed these
laws to make our lives and homes richer.
The iconic U.S. Customs House in Philadelphia.
The TWA Terminal at JFK International Airport.
Chicano Park in San Diego.
She says that a lot better than I can say.
The laws matter and they've saved a lot of buildings.
And we're here to talk about revising ours here.
In 1980 or so, I think it was actually 1980 that the city
of Denton passed its first preservation ordinance.
And this is just a little clip of it.
It was here, I highlighted some things that are not that
significant.
They talked about that the Oak Hickory District, the people
there were the first people who really wanted to take
action.
And they had pressure from the building of Carroll Boule
vard.
They pressured from UNT.
There was also this issue that in the '60s, the city of
Denton zoned that whole area of multifamily as a blanket.
And here it says the city council made a positive
contribution when it allowed voluntary backzoning to single
family status at no cost to applicants.
But the residents believed they needed greater protection
and they pushed for the ordinance.
Which was passed in 1980 and approved by the Secretary of
Interior in 1981.
Today that would be approved by the Texas Historic
Commission, which will come up later.
They've delegated the task to the state.
This is just an early word is illegality.
An interesting line there is there was this question early
on when you zone an area, is that a taking, a government
taking of property?
And it was deemed after the Penn Central Station versus New
York case to not be a taking.
That you can preserve historic buildings because of the
welfare of the community.
Then I want to point out that in '96, that document there
is from a booklet made in 1986.
And here in '96 we had this survey done, for example.
And it did recommend what we're going to talk about doing
today.
It talked about the fact that we needed a critical review
to ensure that our law incorporates contemporary trends in
legal decisions.
And that we should consider hiring a consultant to review
the ordinance at that time.
Then there was other things going on there.
And it talks about the city needing to reevaluate the
current ordinances.
And it talks about the significance of our historic
resources in the universities and working with the
universities to make sure they're aware of the value of
their resources.
And education of the public.
There was another document written by the county on that
topic.
It's this little booklet called Framework for the Future
from the county.
And it covers our ordinances as well and found it in the
office there.
But I like it has a quote that is, "More and more people
turn to restoring old houses."
And you see this on television today with these kind of fix
er-up programs.
As more and more people turn to restoring old houses, it
becomes apparent that certain serious mistakes are being
made over and over again.
So kind of that's the reason for this office is you want to
be helpful and educate people.
But you do want to make sure that someone's thinking of
what they think is a remodel isn't really a horrible idea.
And you lose the fabric.
This book talks about the importance of not destructing the
fabric.
So coming back to where we are today, there's that picture.
Upcoming HLC meetings we have here on the board.
We just had one yesterday.
So we're right there at the beginning on the left.
And these are throughout the year.
All I did was just take that.
And I think there's an urgency here.
And we really need to move forward.
So I propose that between now and the middle of June that I
go ahead with take the best practices,
take a list of what I've heard from the public should be
addressed,
and go to the public and have three or four actually public
meetings,
one with each of the preservation districts, Oak Hickory,
West Oak, and the Belle Avenue Conservation District.
Ask them for their ideas, their suggestions, their needs,
their concerns,
whatever it may be with regard to historic preservation.
Draft a review, draft an ordinance revision.
Take it back to them one more time on the 6/30, June the 30
th, to have their input and review that.
And then take that back to the HLC, the Planning and Zoning
Committee.
And then if it passes there, it does need to go to the
Texas Historic Commission.
That's July the 19th.
And then we go through that.
Actually, I have it going to the Texas Historic Commission
first, then to the P&Z, and then onward back to you guys.
So like I said, this could be a really brief meeting here.
It's just that I'm looking for your endorsement of this
timeline.
In the end, you see that I'm asking I want to bring to you
a clear, supported, and effective ordinance for approval.
And I think this ordinance will address the concerns that
were brought up.
I've kind of pushed over it rather quickly, but in this
document here, it talks about the need to really work with
the community.
It's citizen involvement in the proposal for the district,
et cetera, et cetera.
This is a key stepping point.
And so I'm going to seek as much publicity as I can, make
sure these are all put out there and done.
Let me just double check that I don't have anything else I
wanted to share with you about this.
Joe, you got a question?
Yeah.
Roman, what does it mean, could go August 16th at the end
there?
If I back up, so if we go to August 10th or the 24th to the
P&Z, if the Texas Historic Commission will give their
approval rather quickly,
I can go to the P&Z on July the 27th, which would push
everything forward depending on the city calendar, and just
to do it quicker.
Thank you.
Kevin, I'm sorry.
Thank you, Mayor.
Roman, do you have a sense of what the, what you're
defining as the scope of the ordinance rewrite?
So when you go to the public meetings, I mean, I think we
've identified issues with the current thing, anything,
current ordinance, anything relating to relatively simple
fixes like process issues or how COAs work or procedural
issues that need to be addressed in the ordinance, all the
way to certain districts want to completely rewrite their
aesthetic standards, which seems like a longer process than
this,
to folks who want to kind of really completely rethink, and
I've heard these ideas from all different folks out in the
community.
So have you defined the scope, at least in terms of what
you're trying to get out the door by September, in a way
that you can communicate to us so we kind of have a sense
of where you're heading with this?
Are you going for the gusto or are you just trying to fix
some things and then address larger issues later?
What are you thinking?
That's a really good question, of course. The ordinance
itself is not very long. I have a copy of it here. If you
take the whole ordinance, this is it, here's just not that
many pages.
And by that, what we have here is we have the general
preservation ordinance and then three little subsections
for the three different historic districts.
And so whatever guidelines exist regarding color or
regarding, whatever, those are these separate pieces. So we
have the general overview ordinance.
And this is sort of beginning to end what I want to come
back with, updates to the general ordinance, which will
probably mostly help with procedural questions.
I'm looking for, and this is stated back in '96 in here,
looking for a little more flexibility. In '96, it was
talking about staff needs more, the ability to make
decisions on their own.
And so I talked about this with the HLC last night. For
example, we had someone asking for permission to paint
their home on West Oak.
And painting is not something that should be going before a
landmark commission or a board like that. That's something
you want to do at the administrative level.
And I reached out to several people at the Texas Historic
Commission on that topic, looking for why I intuitively
knew that.
And I thought it had come from the United States Secretary
of Interior Standards for Historic Preservation.
But it's not there. But all three of the people, I wrote
the head of the architecture department of Texas Historic
Commission and one of her staffers and someone else in CLG,
all wrote back uniformly and said, you're right, color does
not go before your preservation board.
The former director of San Antonio's board said it doesn't.
So there's a thing, but on our ordinance, that's in there.
So we need to make sure we articulate that. But at the same
time, I wouldn't mind having a subcommittee, perhaps, of
the board if that's their interest.
Or it could be that the Oak History District wants to say,
choose a palette of colors, historic colors from Sherwin-
Williams, and they say any color from here is fine with them
.
Maybe they want to do that. But maybe West Oak, which is
still sort of defining itself, right?
Parts of West Oak have quite a number of new-ish homes in
there that are mixed in.
And there's not like a real defining characteristic there.
So they may want to have more flexibility to do whatever
they need there.
So I really want to come back with, and when I go before
each neighborhood, I'll take each of those areas and
present their ordinance to them really well
and see what parts they're uncomfortable with, where they
've had problems.
I'd like to bring it back as a clear, supportive, effective
ordinance that kind of will let us go on forward.
But I also want to hear from the public, for example, about
some things that I know I'm concerned about.
We have a National Register District here that has no local
protection.
We have registered Texas landmarks that have no local
protection.
And the laws, the Act itself, there's no -- without local
protection, there's no protection.
You can pull a demolition permit on a registered Texas
landmark here in Denton if it's not in one of the historic
districts.
And it should not, by our ordinance, go before the Historic
Preservation Officer nor the Historic Landmark Committee.
That's probably not the way that ought to be.
And I think -- so what we have an opportunity here is
really -- but I want to make sure people in the public are
okay with that.
If we talk about doing that, is that okay?
And present the reasons why we want to do that, because the
Texas Historic Commission
and the Certified Local Government Program are interested
in whether we are protecting our resources, too.
-Kentz, may I ask you?
-And that's why you're here, to look at the big picture and
to, you know, find the things that you just talked about.
So what's our plan for notifying the four historic
districts in terms of getting the word out?
Well, you said you've been a work hard at that.
What do you see as part of that plan?
-Well, when we met with the City Council Historic Landmark
Commission, we talked about a good press announcement.
And in that press announcement, which I think should really
come out here probably in a week or so,
I just want to nail down the locations that I can meet in,
and then when that gets presented,
or even if it's on the real low level, I actually just plan
to go to every house in all of those districts and just fly
around.
That doesn't take long at all, and also gives me a chance
to take a picture.
So it's important to constantly be surveying.
But then let's have a press announcement and kind of get
that out, maybe using the city's department for that.
So that, and then we want to present every location and
every time.
So if someone can't make the Oak Hickory District meeting,
they can make one for the Bell Avenue meeting.
I just want to make sure everyone gets a chance to get in
and talk.
I also brought with me a sheet of thought items,
because I think at that City Council Landmark Committee
meeting we talked about what I was thinking about.
I have a list from the whiteboard in my office.
Whenever someone's told me something, I've jotted it down.
So these things are all kind of things I want to look at.
I'll give this all to y'all, and on here you'll find my
email and my cell phone number,
because this is going to take everyone's involvement.
And if you have one of those fleeting thoughts when you're
driving around, that ought to be protected.
Or what are we doing about that?
Please text me, call me, email me.
But I do want all the input I can on it.
>> Question?
>> Well, I kind of have a question.
It's not necessarily about the timeline, but it's about
what you were just talking about.
I live in an area, it's called Idiot's Hill, and there's a
lot of older homes there.
And I've had people reach out to me saying that what can we
do to start saving some of these homes in our neighborhood,
because there's a lot of older ones.
And so they're not in any of these historic districts.
So what can we do for other areas that aren't in these
districts?
>> Well, those districts have been serving, those districts
have been served, in that most recent survey,
the Locust Idiot's Hill neighborhood was served, I believe,
in 2012, that's correct.
So that means that people who meet the standard for knowing
those things,
meaning that they have the education and experience to make
this, they've already noted all the properties.
What needs to happen, and it's, I want to get through this
through September,
because that, maybe if I had some interns, or if we maybe
could consider hiring somebody to help out.
But let's go and look, can we designate, let's talk about
designating.
We can designate an area, or we can individually landmark.
For the city, you either have to individually landmark it
or designate an area to have the over.
>> Can I ask a question?
>> Sure.
>> The historic resources survey that was just completed
was done with a grant from the Texas Historical Commission.
And we just received a report from the consultant who did
that survey.
And what that, it's a very extensive report, specifically
on Idiot's Hill,
and the identification of five distinct future districts in
that area, and what those defining characteristics are.
So they've made some recommendations, and we'll have to
integrate that into our overall preservation plan with a
little bit of time.
But that is essentially the neighborhood that's next on the
list.
>> Okay, good. Thank you.
>> Great.
>> Yes, Councilmember Wood.
>> And I guess to broaden that a bit, any house now,
because this process works voluntarily.
So any house now that wants to put themselves under
preservation and designate themselves as a historic
landmark can do so right now,
as long as they meet the criteria 50 years old, or it's a
starting point.
So somebody could create the first historic landmark home
there without a district.
And that can kind of start the ball rolling in that
direction.
This whole conversation makes me think, and you can tell me
what's on your plate.
I know you're still relatively new here, but when we kind
of started this discussion a couple years ago about kind of
revamping some things,
one of the things we recognized that needed updated was the
plan itself.
Because in '80, it was the plan that kind of set the vision
, which drove the ordinance, which determined what are we
trying to do?
What's our vision?
Now what are the tools we have in place to kind of get us
there?
So we're kind of doing some, in a sense, we're doing it
backwards from the way that it originally, which is fine,
because there's things that need to be addressed in our
current plan.
So is there a thought that at some point we're going to go
back and revamp the plan to say what's our vision heading
forward?
It's covered pretty well in the Denton 2030 plan.
You know, there's chapters on preservation in there.
And I think I haven't had time to kind of go through it
again and figure out where that overlaps with what we're
doing.
But I think we can extract from the Denton 2030 plan and
historic preservation plan without having to do, you know,
I'm happy to work on that.
And I think that, again, the community input, because
obviously there was a need here and there were people upset
and there were things that were working so well.
So by reaching out to the public now and sort of let's get
that process clear and also get that input about and then
look for, you know,
when I'm not that's good to know because I can invite
people from your neighborhood to the Bell Avenue meeting,
you know, and we'll get people in there.
That's not a problem. It's great.
Great. Any other questions?
Fantastic.
Well, we're moving forward on that. You'll keep us posted.
And so to summarize the notification process, press release
, you're going to go door to door.
I thought of what I heard you say or somebody is we also
going to send out mailers to those that we have.
Are those going to be the only two methods or is that are
we going to send out just regular mail?
Just notice of these meetings is that you know, it's really
you'd be surprised.
It's not a number I photographed every house in Oak history
district in two half days on my bike.
So it's not that's not a large.
It's not that large for me to and I know if I put that on
the door and I mean, I know they've got a yes, sir.
If there's not a problem, if legal is OK with that. Yeah.
OK. Great. Public. Yes.
Can we put something on the front page of the city website?
I would love that. Sure. Yeah. Yeah, absolutely. Sure. That
'd be great. Thank you.
And I say that because there are going to be some people
who are interested in historic preservation who may not
live right in that neighborhood,
but who have a real passion and who would like to come.
That'd be great. Fantastic.
Any other? Yes. When you get all of those dates and
location set, if you would be sure to email those to the
council members because we may want to attend one.
Absolutely. Sure. Pass word on to our needs. Sure.
The dates are there if you want to pencil them in, that
will get the locations in their evening event. Great.
Anybody else? Fantastic. Thank you very much. Appreciate it
. Thank you.
Good evening.
I wanted to welcome everyone to this special call meeting.
The Denton City Council. It is five o'clock on Tuesday, May
the 10th, 2016. If you would enable stand and pledge
allegiance to the U.S. and Texas flag.
Honor the Texas flag. I pledge allegiance to the Texas one
state under God, one and indivisible.
Our next item on the agenda is items for individual
considerations to a conduct the first of two readings of an
ordinance to annex approximately twenty three point two
four acres of property generally located at the west side
of Gisling Road, approximately 700 feet south of East
University Drive.
Thank you, Mr. Mayor. And Amy Bissett is our director of
development services, and she will present this public
hearing for your consideration. Thank you, Amy.
Thank you, Mayor and council members. This is a voluntary
annexation, which you have seen twice before.
And this is the purpose of this item is to consider the
first of two public readings of an ordinance to annex
approximately twenty three point twenty four acres of
property generally located on the west side of Gisling Road
and 600 feet south of East University Drive.
This is a voluntary annexation. The property owner is in
currently in a non annexation agreement that was entered
into in 2010 that does not expire until 2020, but they are
looking to develop the property and zone it accordingly.
And as such, they have requested annexation of this
property as a requirement of their non annexation agreement
to public heat meetings. Public hearings have been held to
date.
And tonight is the first reading of the ordinance. I'm
going to read the caption of the ordinance into the record.
An ordinance of the city of Denton annexing approximately
twenty three point twenty four acres of land generally
located on the west side of Gisling Road, approximately 600
feet south of East University Drive, US 380 more
specifically described an exhibit a and illustrated in
exhibit B providing for a correction to the city map to
include the annex lands providing for a savings clause and
an effective date.
This is the first of two readings. The second reading is
scheduled to take place on June twenty first. And with that
, I will take any questions.
Any questions.
Staff.
Seeing none.
There's there's there's no.
Do we need a motion?
Chair would entertain a motion.
What are we doing? Is it the first of two readings?
Yes, sir. This would be the first of two readings. We need
to go ahead and pass this ordinance.
Okay. All right.
Mayor Pro Tem.
The item.
Councilmember Johnson.
We have a motion to second. Let's vote on the board, please
.
Motion carries seven zero.
We'll now move on to our public hearing portion of the
agenda agenda item three a which public hearing hold a
public hearing considered option of an ordinance of the
city of Denton, Texas, regarding a rezoning from
neighborhood residential in our three to neighborhood
residential in our six.
Thank you, Mr.
This is also going to present this public hearing. Thank
you. And I'm going to go ahead and open the public hearing
as well.
Thank you, Mayor and council members. What you're
considering tonight is a rezoning and specific use permit
for Denton rehabilitation and nursing. This is a rezoning
request from neighborhood residential three to neighborhood
residential six and a specific use permit for elderly
housing.
The property is located on the west side of North Carroll
Boulevard and approximately 138 feet feet south of Strata
Drive.
And this property was developed in 1969 at the time, the
use of elderly housing was a permitted use. And the, the
neighborhood has really grown around it you can see from
1964 to 72 to 97 to 2001.
It is some residential some commercial uses and some
additional elderly housing that surround this project.
The site plan is displayed above and the essentially what
they're looking to do with this application is to remove
two existing wings and create a new short term post acute
care recovery wing.
It would be a net gain of about 5300 square feet. So this
is a small expansion and a remodel. And it would also
include the installation of a landscaped courtyard and
updating the facade to have a more residential appearance
consistent with the neighborhood.
No additional parking spaces would be required for the
additional square footage and none are being contemplated.
This is actually while it's considered an expansion because
of the square footage change.
It's actually a reduction in the number of beds from 101 to
96 and it's the rezoning and the SUP are both required
because when this project was originally constructed it was
allowed in the zoning district at the time but then in 2002
when we did our citywide rezoning, it was rezoned to NR3
and NR3 does not allow for elderly housing as a use.
NR6 does with a specific use permit. So what's being added
is a wing that is for short term post acute care and also
adding a 15 foot landscape buffer along the roadway
adjacent to the residential properties.
They're adding eight additional trees in this landscape
buffer. You can see in the bottom left here the additional
courtyard area that they're requesting to be able to add an
additional landscaping.
This is the proposed elevation to be more consistent with
the residential surrounding areas. And here it is in a
rendering so you can get a feel for what that actually
looks like.
Currently their existing zoning is neighborhood residential
3. Their proposed zoning is neighborhood residential 6. You
can see that the site is surrounded by a mixture of zoning
districts ranging in density from NR3 to NRMU 12 and CMG.
And essentially the future land use designation of this
particular property is moderate density residential which
is residential development on small lots with a density
between 4 and 12 dwellings per acre.
The new development should complement the character of
established single family neighborhoods and provide a
transition between low density residential land uses and
higher intensity commercial uses.
You can see here that the area to the north of the proposed
project is low density residential whereas the area to the
south is community mixed use in our future land use plan.
So moderate residential is the appropriate future land use
plan for this particular area and this project would be
consistent with that use.
The proposed NR6 district meets the objectives of the
future land use plan. The NR6 district is compatible with
the existing land use pattern, the scale and the character
of the surrounding area and it provides a transition
between the established neighborhoods and the commercial
development.
And it is a continuation of a facility that has operated at
this location since 1969.
Elderly housing that respects the scale and design
standards of residential areas is appropriate and should be
encouraged.
Due to the scope of the proposal there's no substantial
increase in traffic that would be generated by this request
.
And permitting the existing elderly housing facility to
expand would not prevent adjacent properties from
developing with a residential land use pattern.
Public notifications were mailed out on March 27th. 37
certified public notices were sent and additional courtesy
notices were sent within 500 feet.
To date we've received two responses in favor and two
neutral.
The Planning and Zoning Commission does recommend approval
of this request with a condition and that condition is that
the project must substantially comply with the attached
site plan and landscape plan
which reflects a maximum building square footage of 60,730.
The structure must maintain a 15 foot type C buffer on the
north property line and that no additional parking spaces
would be permitted.
Staff also recommends approval with the same conditions.
The applicant is here to answer any questions that you may
have as well.
Any questions for staff or the applicant at least I'm sorry
for staff at this point.
Councilmember Roden.
I'm assuming the applicant is okay with the conditions put
on by P&Z.
They have no intent of adding additional beds and they're
over parked the way they are today.
It's more parking than they actually need.
Okay thanks.
I see no more questions.
This is a public hearing.
Anybody wishing to speak?
Come down and state your name and address and your time
will begin.
Anybody wishing to speak?
Public hearing.
One more time.
Anybody wishing to speak?
Okay seeing none we will now close the public hearing.
Councilmember Johnson.
Thank you Mayor.
While I was hoping Willie would be here to speak I'm going
to go ahead and make a motion.
I would make a motion to approve the item.
Councilmember Hawkins.
With the conditions as stated.
Okay so you're making a motion with the conditions as
stated.
Yes thank you.
Councilmember Hawkins.
I'll second.
We have a motion to second.
Let's vote on the board.
Motion carries 7-0.
We're now on to our concluding items.
Anyone have concluding items?
I've got just a couple.
Councilmember Briggs.
I have a couple as well.
One I know that there's been a lot of talk about Frontier,
the transition from Verizon to Frontier.
There's a lot of conversation about it.
And I've had a couple of personal calls like can you do
anything about it?
Can the city do anything?
And my first response is no I don't think so but I'm just
kind of seeking clarification on that.
Okay.
What we can do for the customer service or their service
getting cut off for a certain amount of time.
And then also some other people have been reaching out to
me and we talk a lot about affordable housing.
But we don't talk about what kind of living conditions some
of those people that are in in the affordable housing.
And I've had a few reach out to me about broken air
conditioning units, lots of bugs, just broken appliances.
And my question is, is that something that I refer to CIS?
Is that where they come in or is that?
Yes, and the tenants can call as well I believe.
But I don't want to get past the posting.
Okay.
Okay.
Councilman Wasney.
Two questions.
The city has commissioned two studies.
One is a space study.
One is a salary study.
And I'm just curious what is the status and when do we
expect those results to come in?
Appreciate that.
Thank you.
Thank you, Councilman Wasney.
A couple for me, just want to double check on getting the
discussion about the City Hall West and the veterans mental
health facilities.
Get that on for discussion sooner than later because they
're under a time sensitive deadline.
And also wanted to read into the record something that was
sent to me from the mayor at the city of Whitesboro.
Which I really appreciate staff and what this community
does for not just the people in our community but the
people in other communities as well.
Says to Chris Watts, Mayor of the City of Whitesboro, and
this is from W.D. Welch, the Mayor of Whitesboro.
The City of Whitesboro would like to express our sincerest
thanks and appreciation to the City of Denton and all of
you for the use of your grapple truck.
From 42916 through 43016 so that we in turn could help our
citizens clean up after last week's tornado.
Thanks to your generosity we're able to clear out 36.2 tons
of trash.
Of brush and trash and to help our citizens get back to
some semblance of normalcy.
It's during times like these that we find out that the
community reaches further than just our own backyard.
It reaches to those of different counties and cities as
well.
And for that we are truly grateful. Thank you again for all
your support and assistance.
So I just send that on to you Mr. City Manager and those
who were responsible for facilitating that.
Because I think that does show that we all sort of live in
the same place.
Even though we're different towns, different ordinances and
so forth, we certainly want to help out when people have
time and need.
So thank you all for doing that. Yes.
Mr. Mayor, may I make just a brief comment on Keely's
question?
Sure, yes.
And I know usually we don't respond, but Mr. Hawkins had
asked a similar question about frontier and what the city
could do.
And while you're correct, we don't have much regulatory
control over that and they're purchasing the other company.
We have reached out to them. We are in discussions with
frontier about how the city can help facilitate between our
citizens and the company to get better service.
So we'll provide you with a written response to that.
But I want you both to know that we're working on it and
have that under consideration. Thank you.
Fantastic. Any other questions or items concluding items?
If not, we will stand adjourned at five fifteen.